Old Bailey Proceedings, 12th December 1787.
Reference Number: 17871212
Reference Number: f17871212-1

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 12th of DECEMBER, 1787, and the following Days;

Being the FIRST SESSION in the Mayoralty of The Right Honourable John Burnell, LORD MAYOR OF THE CITY OF LONDON.

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

NUMBER I. 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 Rows.

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 JOHN BURNELL , LORD MAYOR of the City of London; the Honourable Sir RICHARD PERRYN , Knight, one of the Barons of his Majesty's Court of Exchequer; 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.

First Middlesex Jury.

Joseph Smith

John Dight

Benjamin Fox

John Williams

William Warre

George Gray

Peter Leatt

Edward Hayley

Philip Comman

Pullum Markham

Simon Paterson

William Woodward

Second Middlesex Jury.

James Tregent

Thomas Willows

William Gregory

John Aldridge

Ralph Steel

John Jacks

John Vanhasson

Robert Miland

Edward Bushell

William Peate

Matthias Wootton *

* John Allen served part of the time in the room of Mathias Wootton ,

Daniel Berry

London Jury.

William Jackson +

+ John Crispo served part of the time in the room of William Jackson .

Charles Storket

Henry Chawner

Martin James

John Joyne

John Biddle

Joseph Jones

John Burdon

William White

Robert Hurley

William Johnson

John Alexander

Reference Number: t17871212-1

1. JOHN DUNLIER and JOHN KNOWLAND , alias JACK the BARBER , were indicted for feloniously assaulting John M'Dowgal , on the King's highway, on the 14th day of November last, and putting him in fear, and feloniously taking from his person, and against his will, five cotton waistcoat pieces, value 15 s. four dozen knives and forks, with plated ferrels, value 16 s. five dozen common ditto, value 10 s. 6 d. two dozen of table knives and forks, value 7 s. four dozen clasp ditto, value 12 s. 6 d. a carving knife and fork, value 18 d. a table steel, value 6 d. one dozen of scissars, value 4 s. his property .

The witnesses were examined apart at the desire of Mr. Knapp, the prisoner's counsel; but the prosecutor positively asserting the prisoners were not the men that robbed him, they were both ACQUITTED .

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

2. JAMES HOUGHTON and WILLIAM BAKER were indicted for the same robbery.

The prosecutor positively swore to these prisoners as two of the men; but his time of seeing them being so very short, and by the light of the lamp, and being much frightened, and not able to swear to his property, the Jury did not think fit to depend on his single testimony; and the prisoners were BOTH ACQUITTED .

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

Reference Number: t17871212-2

3. JEFFERY RAFFEL, alias WILLIAMS was indicted for stealing, on the 10th day of December , one quart pewter pot, value 1 s. the property of James Elly .

JAMES ELLY sworn.

I keep a public-house ; I lost a quart pot on Monday the 10th instant; I only prove the property.

WILLIAM BLADES sworn.

I was going down Queen-street, I saw the prisoner take a pint pot off the strap in Queen-street , I followed him and found two other pots upon him, and admitted him.

ROBERT HURST sworn.

I found three pots on the prisoner.

(A quart pot produced, and deposed to by Mr. Elly.)

Court. Read the name on the quart pot? - James Elly , Furnival's-inn Cellar, Holborn.

PRISONER's DEFENCE.

I saw the pot lay on the pavement, and picked it up, and meant to restore it to the owner.

GUILTY .

Whipped .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17871212-3

4. JAMES CARSE was indicted, for that he, not having the fear of God before his eyes, but being moved and seduced by the instigation of the Devil, on the 2d day of December instant, in and upon Sarah Hayes , single woman , in the peace of God and our Lord the King then being, feloniously did make an assault, and with a certain clasp knife, of the value of 2 d. which he in his right hand then and there had and held, her the said Sarah, in and upon the neck and throat, then and there, wilfully and maliciously did strike and thrust, giving her one mortal wound of the length of eight inches, and of the depth of two inches, of which she instantly died .

He was also charged with the like murder on the Coroner's inquisition.

MARY MILLS sworn.

Do you know the prisoner? Look at him, look round. - Yes.

Did you know the deceased, Sarah Hayes? - Yes.

You live in Wapping? - Yes.

Do you know the public-house called the Ship in Distress? - Yes.

Did you see them together there? - No, Sir.

Did you see them together any where? - No where in the world, I did not see them together any where before I went into the house.

Where did you first meet with the prisoner? - I was sitting in the public-house, and he happened to come in, and called for three-pennyworth of rum and water; I was sitting in the box by the fire, he came and sat the next inside, and I believe, to the best of my knowledge, he might drink better than three parts of it, and he proffered the the rest of it; I drank better than half what remained in the tumbler, I offered it him again, and he desired that I would drink it, which I did; he paid the three pence for it, and asked me if I would go home; I told him yes, he desired me to go before him, which I did, on an unhappy time, I am sorry for it; we went into Sarah Hayes 's house, and was about five minutes in the house, and he asked if he could have something to drink; she said yes; he said he would drink no raw spirits, and he said a pot of rum hot; she said that was a very odd thing, she thought a pot of brandy hot would be the thing to drink; he gave her half a crown, she went out and brought it in, and gave him eighteen pence, he put it into his pocket, it was rather too hot; she went to one of the neighbours, and borrowed a pint pot to cool it; he said I will go to bed; then he sat down, and sent out for another pot of brandy hot, and a quartern of shrub, which was in the room when the deceased was found dead; the second time of her going out, she said, will you have any thing to eat? and she carried him up a bit of beef; he never touched a bit of it, he went out once, he said he was going to make water; then he took his shoes off, and went out again without any shoes, while she was out; then he just drank once out of the second pot, and he said he would go to bed; he put his hand into his pocket, and gave her a shilling for the bed; we went to bed; he had buff or white breeches on, and trowsers that buttoned before, which he rolled up, and he put them under his right side, and he had every thing off but his hat, which he doubled up and lay down in; I was to sleep with him, and had every thing off but my gown, he got up in bed, and said, is there any thing more to drink? I handed him the remainder of the liquor, he sat and just drank out of it, I do not think he had laid down two minutes, before he jumped out of bed with a naked knife in his hand, he made a catch at the deceased, at her by the neck, he said, I will, I must, I must, I must! and how I got out, were I to die this moment, I cannot say; he put the knife to her throat naked, cut her throat under the left ear, got her back against the table, and there she lay.

What did he do after this? - I ran out, I could not stay, I was so frightened, I got assistance, the officers of the night; I came back, and when I came back with my assistance,

he stood behind the door with the naked knife in his hand, and he said the first that entered the door, was a dead man.

Do you know how long the deceased lived after this? - She died directly, before any assistance could be got; in about ten minutes I saw her dead, when I returned.

Mr. Garrow, Prisoner's Counsel. Had you had any acquaintance with this man before? - Never in my life.

Then he accidentally picked you up as a woman of the town? - Yes.

What aged woman was the deceased? - I believe, to the best of my knowledge, she might be about four or five and twenty; she lived with a young man, and I lived with her; she was going to smoke a pipe in the chimney corner.

According to your account, every thing had been very agreeable? - Not a wry word of any sort, no more than there is now, so help me God.

This poor woman had been attending to him, and gave him his change? - Yes.

You say this was a ground room? - Yes.

Was there any body near the door at the time this happened? - No.

All that this man said of any sort was, I must, I will, I must? - He said, I must, I will, I must.

And immediately jumped out of bed and destroyed this woman; what had he drank? - He had only drank three pennyworth of rum and water.

What is brandy hot? - Hot porter with brandy in it.

Mr. Garrow. It is a very intoxicating liquor? - The shrub never was touched; after this unfortunate thing happened, this man stood at the door with his knife, threatening to kill any body that came in; when the assistance came he did.

Was he naked at that time? - He had nothing on but his shirt; I was going to bed, he was undressed and expected me.

This poor woman and he did not appear to be acquaintances? - No, they had never seen one another to my knowledge.

Had he asked you to come to bed after he went to bed? - No, not a word, but he laid himself quietly down, and his hat doubled; when he asked for liquor I gave it him.

What had he done with the rest of his clothes; you said he folded up his breeches in a foolish sort of way, made a sort of doll of them? - He put them on his right side; I never saw the knife before in my life, nor I should not know the knife.

Do you remember any conversation at the time this accident happened? - Not a word.

Do not you remember him saying, that if he had not done it, he should have been done himself that night? - He said something, but I did not hear what it was.

Do you remember when the assistance had got in and secured him, his being asked by any body that was present, why he had done it? - No, I was so frightened, I cannot say.

Court. How long did you sit with the prisoner at the alehouse? - I believe it was between eight and nine, to the best of my knowledge, when he came in.

How long did he sit? - Not a quarter of an hour.

Had you much conversation? - Not at all, any further than I told you he asked me to drink, and if I was going home, nothing more.

Did he appear (sometimes you may see by a man's manner) to be disordered in his mind? - Nothing at all, any more than any gentleman present.

Mr. Garrow. What was you doing at the time he seized the other woman? - I was standing just ready to go into bed, he never asked me to come to bed, nor spoke the least cross word any more than any gentleman here.

GEORGE HAWKINS sworn.

I am a constable, I was called on this occasion, I met this Mary Mills coming up in her snift, and she hallooed out murder; when I came to Sarah Hayes 's lodgings the door was shut; a man came and

walked up against me with a knife in his hand, he had nothing but his shirt on, I had no conversation with him; after I knocked the knife out of his hand, I collared him directly, and then I burst into the room and took him, I made him put his clothes on; he gave no account of himself at that time; after I secured him I took him to the watch-house, and asked him why he did it; he said he thought he heard some people round the house, and he was to have been done himself; then he made answer, I have very good friends, and I am not afraid of getting through it; he owned to me that he did the fact.

Mr. Garrow. He never made any secret of his having killed the woman? - Not at all.

He told you he thought he heard people round the house, and expected to have been done himself that night? - That is what he said.

This was a ground floor? - Yes.

Whereabouts did you meet with Mary Mills ? - About ten yards from the watch-house, about sixty yards from the house; when I came I found the man, he walked to the door with a knife in his hand, and presented it to me; I do not recollect that he threatened me at all.

He had not attempted to put on any of his clothes till you came? - Nothing on but his shirt.

No shoes; and you forced him to put on his clothes? - Yes.

Did you know this poor woman that was killed? - I cannot say I did.

She was a harmless creature, offended nobody, did she? - I cannot say.

(The knife produced, a large clasp knife, very bloody.)

Court to Prisoner. Would you say any thing in your defence?

Prisoner. I was threatened my life at the same time.

Who threatened your life? - This woman, and the woman that I killed.

How did Mills threaten your life? - They both did, both the girls.

How did they threaten your life? - There were people round the house at the same time.

CAPTAIN HORATIO NELSON sworn.

Mr. Garrow. I believe, Captain Nelson, you was the commander of the Boreas Frigate? - I was.

Did the prisoner fail under your command? - He did.

How long was he in the service under you? - Near four years; he was paid off the 30th of November last, at Sheerness.

What money did he receive? - In August we were paid off, he then received about forty guineas; when the ship was paid off in November, he received ten or eleven more.

Mr. Garrow to Constable. Had he any money about him? - Six guineas and a half; before the Justice; he acknowledged before the Magistrate that he did not lose a farthing to his knowledge.

Mr. Garrow to Captain Nelson. Had you an opportunity of knowing the character of this man, as far as humanity and good-nature were concerned? - Perfectly; it seldom happens that any man can serve four years without being guilty of some sort of offence; that man, at times, I have made some remarks, that he appeared melancholy, but the quietest, soberest man that I ever saw in all my life, he appeared to me to be a man that had seen better days, and at times became melancholy; when I heard of this affair, I said, if it is true, he must be insane, for I should as soon suspect myself, and sooner, because I know I am hasty; he is so quiet a man, and never committed a fault during the time I knew him; seamen, I know perfectly, when they come home, the landlords will furnish them with raw liquors; I saw myself thirty or forty people from that ship, that were made as mad as if they were at Bedlam, and did not know what they did: I know, that when seamen are furnished with British spirits, it turns the brain.

But as to this man, do you apprehend, that liquors upon him would have had that effect? - He is not a drunkard by any means; therefore of course liquors would have had more effect upon him.

Can you fairly say, that this man, under the pressure of a good deal of liquor, did appear to you to be insane? - He was a cooper on board; and at the island of Antigua, I think it was, he was struck with the sun, after which time he appeared melancholy; I have been affected with it; I have been out of my senses; it hurts the brain.

Do you think that has been the case with respect this unfortunate prisoner? - I have thought so years ago when he was under my command.

Is he a man, from your knowledge of him, likely to commit a deliberate foul murder? - I should as soon suspect myself, because I am hasty, he is not.

Court. Do you think, while he was on board your ship, that he was so melancholy, and so much beside himself, if he had committed a fault you would not have punished him for it? - If he had been guilty of a fault I should have punished him; I myself have been struck in the brain, so that I was out of my senses.

When he came home did he conduct himself as a reasonable man? - Usually; always so.

Court to Hawkins. What day was this when you took him into custody? - The 2d of November.

GEORGE NESBIT sworn.

I keep the public house in Lower Shadwell; I know the prisoner; I saw him after he was paid off the first of this month, the day before this unfortunate accident; on the Saturday evening I saw him, and was in company with him, and likewise on the Sunday he was at my house, but I did not see him; I do not know where he lodged on the Saturday night, there was something particular that struck me in him; I had a particular friend that lodged with me, and he began telling me a story of being robbed, or going to be; and I wanted to know the rights of it; he talked in such a manner that I was quite struck, not like a man in his rational judgement; he observed to me, that there was a whole gang of people about him, and he looked as if they were just after him; he looked startled, which I thought he need not be in my house; and he told me that there were about sixteen men that wanted to rob him, knowing that he had property, and had been paid off; and he signified to me, that he gave them a good deal of money to get shut of them, I asked him the particulars twice, and he rather seemed to affront me; I thought it was something very odd, a man that I was acquainted with four years back, that he should, in the first set off give me such answers; and I observed it in an hour after to his friend.

You say you have known him about four years before? - Yes.

I believe it was in the year 1783, before he failed in the Boreas frigate? - Yes.

Did he appear to you to be an altered man? - Greatly so.

Did he appear to you, from his whole conduct, to be a man in possession of his right mind intirely? - That was the observation I made, that he was not; I made the observation an hour after I had seen him, to his friend in the house; he bore, four years before, an extraordinary good character; he was quite the reverse to a man that would do a cruel thing; he appeared greatly altered; his friend's name is Thomas Carse.

Is he a relation of his? - Yes, he is his cousin.

Court. Was it in the morning or in the evening that you had this conversation with him? - In the evening, about six or seven; it was just after candle light.

Had he been drinking? - They had two pots of porter, in my house, among five or six; I looked at him when he talked in such an irrational manner, to see if he was in liquor, but he did not appear to be in liquor, but in sad troubles somehow or other.

How long had he been in your house then? - He was in the house, I imagine, an hour and half, or thereabouts.

Had he been drinking elsewhere? - Not to my knowledge.

How much had he drank while he was in your house? - I think it was two pots of porter; there were five or six of them; his cousin, and more friends, I looked at his face two or three different times; his giving me such an odd answer made me look in his face to see if he was in liquor, which I did not think he was at the time; I do not know where he had been before he came to my house.

THOMAS CARSE sworn.

I am a first cousin to this man; I am a cooper; I lodged at the house of the last witness; I first saw the prisoner on Saturday was fortnight, after he came from Sheerness, he came to the house to me.

Did you observe any thing particular in his manner and conversation? - Yes, Sir, a good deal different to any thing I had seen before.

What was the first that struck you? - He spoke sometimes in a different style, and did not express himself as I have heard him before; he was some way melancholy, and did not speak freely, and used to sit a considerable time without speaking any thing at all.

When he did talk, what sort of conversation did he hold with you? - What he talked about to me was mostly, that coming from Gravesend, he was robbed by some people resembling watermen.

Did he say whether he had been robbed, or attempted to be robbed? - He said they attempted to rob him, and threatened him with his life; and he told me he gave them fourteen guineas to save his life.

Did he say whether that had satisfied them or not? - He said to me, that they seemed to be satisfied with it, but that they threatened his life, if he did not give them the money.

Did he appear as much at his case, and as little under apprehension as he used to be? - He did not seem to be as he used to be, for he was all confused, and did not care whether he spoke to any body or not.

Was he that sort of man before he went to the West Indies? - No; he was not; I never heard any thing else said of him in my life.

Was he drunk at the time of this conversation? - No; he was not drunk, as he appeared to me.

Did he appear to you to be under any alarm about these people? - He wished to be out of my company; he wished to get home; he said he was all sore, and wished to get home to his bed; he spoke to me as if he had been beat by somebody.

Do you know whether that was true, or mere fancy? - I could not tell only as he told me.

He did not talk of going before any Magistrate? - No; he was in company with me on Saturday night, and the Sunday night also.

Court. Was this morning or evening that you had the conversation with him, about people threatening to rob him? - It was the evening I suppose; to my knowledge, it was between five and six.

Do you know where he had been the former part of the day? - He had not been above an hour or two in town; he told me he came from Blackwall.

To Captain Nelson. Was the prisoner sent to the hospital in consequence of being ill? - He was sent to the hospital with a fever which affects the brain; I thought to send him home as an unfit person to serve in that climate.

Have you known instances of that disorder of the brain leading persons to acts of desperation? - It has happened to a person.

Court. How was he now in coming home in point of his understanding? - He appeared to me melancholy almost always.

Did he do any act of desperation while he was on board your ship? - Never.

Did he know what he was about after he came from the hospital? - Yes; I never

had any complaint of him; he never committed any fault, I thought him mild even to the last; he did not care to associate with any body, he used to appear melancholy and reserved.

Court to Jury. Gentlemen, the crime of murder consists in slaying a person by malice prepense, or aforethought; and so bad is this, that whoever slays another, the law presumes it is done with malice aforethought; and it behoves the prisoner to give a reasonable excuse for his actions; and if he does not, it is the duty of the Jury to find him guilty. The excuse here is that of madness; if that excuse had been proved to the utmost of its extent, and to your satisfaction, it would undoubtedly be a reasonable one; but then the madness that is brought on a prisoner, must arise from the visitation of God; it must be the consequences of some disease; but even if there be antecedent disease, if there be the seeds of madness lurking in the blood, and the party be reasonable and in his senses, in the ordinary transactions of life, and he voluntarily inflames his blood, and by means of drunkenness, draws out that madness which before was lurking in it, the law does not excuse him: whether or no this is the present case, it will be for your consideration. Under all the circumstances of it, the question is, what sort of madness this was that afflicted the prisoner at this time; it seems pretty clear, that at the time he committed this act, he clearly was mad; there can be no doubt upon it, he could have no provocation for it, the woman had not taken any of his money, the deceased woman had not robbed him, she was sitting quietly smoaking her pipe; that, coupled with all the evidence, can afford no doubt in your minds but that he was at the time insane: the only question is, how he was, when he was sober? for at this time he was drunk, there can be no doubt of it; he had been drinking so much of this hot beer and brandy, that it was enough to over-set any man alive; then you hear, that coming home from Antigua, he was sober, perfectly mild, never in a passion, never committed any desperate act whatever, or any thing that bordered on lunacy; on the other hand he was melancholy, he was mild and of a gentle disposition; the captain tells you that British spirits make sailors mad; whether he had been drinking that night does not appear, he talked like a madman, on the Sunday night; he had been drinking in that house only two or three pots of porter with five or six people, not sufficient to intoxicate him; but whether he had been drinking before this does not appear; therefore it is for you to form your judgment; if you think that when he was sober and free from liquor, he knew what he was about, and was capable of discerning right from wrong (and the captain tells you he was) then it is no excuse at all that he got drunk. Whoever gets drunk, and commits a crime, it does not excuse him at all; he is still answerable for it, in consideration of the law. If you think when he was in his sober senses, he certainly was accountable for what he did; then, when he was intoxicated, he voluntarily brought upon himself that infanity, in which he committed this rash action; on the other hand, if you think whether drunk or sober, he was equally unaccountable for his actions, you must acquit him.

Jury. My Lord, the gentlemen wish to know of the keeper, how his conduct has been since he has been in custody?

Court. Why I enquired that, before I put him on his trial; but the keeper shall tell you.

Mr. Akerman. Mr. Villette has had more conversation with him than any body.

(Mr. Villette sent for.)

Mr. Akerman. I have heard nothing of that sort; since he has been with me, he generally kept his room.

Mr. VILLETTE sworn.

Court. The Jury wish to be informed by you, Sir, how the conduct of this man has appeared to you, when you conversed with him? - Why, I really thought him insane; at one time he gave a very odd account of

men and boys following him down Ratcliffe-highway; I asked him for what; he said he thought they wanted to rob him; I asked him how he came to commit such a horrid offence; he said he picked up this girl, and went into the house with her, and got into bed; and he desired her to get into bed, but she did not; and she said to him, you will not want your shoes and stockings any more; and he thought he heard men and boys at the door, and that before that, men and boys had chaced him down Ratcliffe-high-way, and they accused him of house-breaking.

Had he the appearance to you at that time of a man disordered in his mind? - That odd account struck me; at first I thought him perfectly in his senses, but that account appeared odd to me, I could not conceive why men and boys should chace him down Ratcliffe-highway.

Court. It seems to have always turned upon that by the evidence.

Jury. Did you frequently converse with him during his confinement? - I have talked with him two or three times; this was the second time; I sat down some time; he confessed he had killed the girl, and that was the account he gave.

Mr. Recorder. He never had the appearance of a man counterfeiting madness by your account? - No, he never had.

- PITT sworn.

Have you had any conversation with this unfortunate man since he has been committed? - Very little.

Has he at all times had the appearance of a man in his perfect senses, or has he at any time had a different appearance? - I can say very little to that; he has kept very close in his ward; but he came out once, and wanted to speak to me; I asked him what he wanted; he said he wanted me to lend him three guineas; I said that was what I never did to any prisoner; the man has been very comical at times, very much by himself, and seemed rather indifferent about the matter; at one time he told me, if he had not served them so, they would have served him the same; but that one of the women ran away, or else he should have served her the same.

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

GUILTY , Death .

Guilty, on the Coroner's Inquisition.

Court. James Carse , hold up your hand. You stand convicted of wilful murder: what have you to say, why the Court should not give you judgment to die according to law.

(Proclamation made.)

Mr. Recorder. James Carse , you stand in a miserable situation, being convicted of one of the greatest crimes that human nature can commit; you have taken away the life of an innocent and unoffending fellow-creature, in a manner, accompanied with a degree of savage fierceness, that is without example; it does not appear that you received any provocation whatever from the unfortunate victim of your brutal rage; what motive therefore can have instigated your mind to the commission of so cruel and atrocious an act, is at present unexplained to the Court; but by your own intemperance, you have brought yourself into that state of mind, and inflamed with liquor, you have been guilty of this cruel act; the law rightly provides that you must answer for that offence, and will not suffer any person to derive an excuse from their own intemperance and folly. It therefore becomes my duty to follow up the verdict of the Jury, by pronouncing upon you the dreadful sentence of the law, which is, that you be taken from hence to the place from whence you came, and from thence, on Wednesday next, to the place of execution, there to to be hanged by the neck, until you be dead; and that your body be afterwards delivered to the surgeons, to be dissected and anatomized, pursuant to the statute; and the Lord have mercy on your guilty soul.

But from the circumstances of the case, which were by the learned Judge submitted to the consideration of the Jury, though they have been of opinion, that in point of saw, under the right direction of that learned Judge, they were under a necessity of finding you guilty, the Court will respite the execution of your sentence, till his Majesty's pleasure shall be further known.

Jury. It was the unanimous request of the Jury, if your lordship's goodness had not anticipated it, to have recommended it, as particularly necessary, that an enquiry should be made into the state of the man's mind before execution.

Court. It is certainly a proper case for such an enquiry, not to be hasty upon the occasion, till the opinion of the King and Council shall be further known.

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

Reference Number: t17871212-4

5. WILLIAM READ was indicted for stealing, on the 15th of October , 28 lb. of lead, value 2 s. belonging to John Stephens .

A second Count, laying it to be the property of Abraham Adams .

A third Count, laying it to be the property of Peter William Baker .

A fourth Count, laying it to be the property of persons unknown.

A fifth Count, for feloniously breaking, ripping and cutting the said lead, the property of Peter William Baker, Esq; and affixed to a building of his, with intent to steal it.

(The prisoner was taken rolling up some lead.)

Prisoner. I own I am guilty in taking the lead, but not in cutting it; I am a very poor lad, a smith , I come from Marybone .

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17871212-5

6. JAMES LAW was indicted for feloniously stealing, on the 11th day of October last, one silver tankard, value 5 l. the property of Samuel Jones , in his dwelling house .

SAMUEL JONES sworn.

I keep the Northumberland Coffee house , Charing Cross ; about six o'clock in the afternoon I heard a gentleman speak to the waiter, and caution him about somebody in the coffee-room; and as the prisoner was going out, he stepped in the passage, and spoke to the waiter; the waiter said he observed the prisoner's pocket look very big, and he went after him; I know the prisoner went out of the house, and some words passed between me and the waiter; I desired him to pursue him, and he did, and returned in two minutes; the tankard is my property, and the prisoner is the person that the waiter pursued; he was in the coffee-room on the 11th of October, about six in the evening.

Mr. Knowlys, Prisoner's Councel. How far from your dwelling house is this coffee-house? - It is under the same roof with my dwelling house.

Who is concerned with you in carrying on your business? - Nobody but my wife.

Has none of your head waiters an interest with you in the business? - None at all; no partners whatever.

JOHN CARNS sworn.

I am waiter at the Northumberland Coffee-house; the prisoner came in about four into the coffee-room; I did not observe him do anything; he staid till very near six; I observed him go out of the coffee-room; a gentleman called me out of the coffee-room, and apprized me if there was any plate on the side-board to remove it, in consequence of that I had my eye on the prisoner, after this till he was going out; then the gentleman said, do you know waiter, the Irish gentleman that paid for part of my wine in the coffee-room? I said no; he said nor I; he went out; I looked after him; I thought he had something

in his pocket, and at the same time he ran, before he got ten yards from the coffee-room; there is a long passage; I took him directly; he was not out of my sight till I took him; he ran as hard as he could; and I followed as hard as I could; he went a little way in the street, about thirty yards, and he dropped his hat; he took no notice, that made me pursue him with more vigor.

Did he stop to take up his hat? - No; I was coming rather close to him; I cried murder, and stop thief, thinking that would ring in the ears of the people; just as he got to the middle of Charing Cross, near the statue, he put his right hand in his pocket, and made a rattling, and flung the tankard down in the street; I saw him do it; I ran and took up the tankard, and still pursued him with the same cry as before; just as he got very near the Spring-garden Coffee-house, a man came out and opened his arms, and took him; his name is Anderson.

Are you sure he is the person that was in the coffee-room at that time? - Yes.

Are you sure he is the person that threw down the tankard by the statue at Charing Cross? - Yes.

JOSEPH ANDERSON sworn.

I live with my brother, who keeps a shop in the neighbourhood; I saw the prisoner on the 11th of October, about six in the evening; there was a hue and cry of stop thief; I came out and saw the prisoner running without his hat, and a man was crying stop thief; I seized him directly; I am sure the prisoner is the same person; I saw the last witness Carns running after the prisoner, at the time I took him, with the tankard in his hand.

(The tankard produced and deposed to, marked A. Y. 25. 18.)

Carns. This is the tankard; I have cleaned it many times.

Prosecutor. It is my property; it was the property of Aaron Young, who died, and left it to his wife, and she was my wife's aunt, and left it to me, and some more property; I believe the figures 25, 18, mean the ounces; but I know the tankard perfectly well.

Mr. Knowlys. How long Mr. Young had his tankard you do not know? - No, Sir, his widow kept the coffee-house.

It came to your wife as a legacy? - Yes.

You cannot tell what it cost at first? - No.

It is an old tankard? - So it shews on its face.

What is the lowest value you would set upon that? consider it is a capital charge. - The Gentlemen of the Jury can judge better.

But we are to hear your evidence? - The value I put upon it was five pounds; there is but one value for old silver, that will sell for nothing else.

I should be glad to know what you value it at, as it affects his life? - I should be glad to recommend him to every lenity from the Jury; I suppose it cannot be worth less than three or two pounds.

Perhaps, to be sure of the thing, rather than rest on supposition only, you might think it less than two pounds? - You may call it if you please one pound.

We must have some value from you, the law requires it? - Then value it at twenty shillings; and I recommend also to the Jury to shew every lenity.

Court. Old silver receives a certain value at goldsmith's shops; I suppose they would give you five shillings an ounce, or five shillings and four-pence? - I believe they would thereabouts.

You have not weighed it? - No.

Then the Jury will form their judgment how many ounces it weighs.

PRISONER's DEFENCE.

My Lord, to deny the fact would be very horrid; at the same time I leave myself entirely to your mercy; at the time the

fact was committed, which my witnesses will prove, I was very much intoxicated, or else no man in the world could attempt to do a thing of the kind, to put a tankard in his pocket where there was forty or fifty people in the room; as such I leave myself entirely to your mercy; I never was guilty of such a crime before; I never was at the house before in my life.

Court to Prosecutor. Did you observe that the prisoner was in liquor? - I did not perceive any signs of it indeed.

Jury to Carns, the waiter. Did you discover any marks of intoxication at the time? - No.

Prisoner. I have a witness in Court, who is the keeper of Tothill-fields, who can prove that I was so much intoxicated, that I even fell out of the coach as they carried me to prison, and that I did not know I was in prison till the next day.

Court. I do not think that will be of any use to you; if you was to prove that you was ever so much intoxicated; because an honest man, if he was ever so drunk, would not steal.

Prisoner. Very just, my Lord.

The prisoner called three witnesses, who gave him a very good character; one of whom said he was a ship-broker.

WILLIAM BRIANT sworn.

I am deputy keeper of Tothill-fields; I received the prisoner into my custody about eleven o'clock at night.

Court. Was he sober? - He seemed to be intoxicated to me.

GUILTY, Death .

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

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

Reference Number: t17871212-6

7. ALICE HAYNES was indicted for stealing, on the 14th day of November last, one card of black lace, containing seventeen yards three quarters, value 30 s . the property of Gilbert Pudner .

Mrs. PUDNER sworn.

The prisoner came into our shop, No. 113, Fleet-street , the 14th of November, on a Wednesday, between three and four in the afternoon, for some black lace for the neck of a cloak; Mr. Pudner called for a drawer of black lace; I immediately went out and handed it to him; the prisoner was talking about the lace, but looking at Mr. Pudner's face, that made me suspect that she was not an honest woman, she kept finding fault with the lace; a gentleman came in and spoke to me, which took off my eye for a minute; but I observed her turning to the door, and I thought she had four cards of lace in her hand, but I was not sure; her back was towards me, she gave a shuffle, she had a long black cloak on, but she returned to the counter with three cards in her hand; she threw two cards into the drawer, and asked the price of the third; she had not her left arm in her arm holes, but she had it close to her side, and she brought every thing to that arm without moving it; and I strongly suspected she had a card of lace under her arm, and I hesitated some minutes before I took up her cloak to look, and when I did, says she, my dear, what do you want? I leaned over, and she hove up her elbow, and I saw the card of lace slide from under her arm; I did not see it under her arm, I only saw it slide down; this is the card; she was a great deal more composed than I was; we sent for a constable, and she was committed.

Are you sure that card was one of those that were in the shop before? - Yes.

Mr. Garrow, Prisoner's Counsel. Mrs. Pudner, how far from the door was this woman standing, at the time she was cheapening the lace? - It may be a yard.

Your's is a narrow shop; is not it? - Not very broad.

She was looking towards the door to look at the lace? - She turned to the door.

That is the best situation of examining any commodity that is in your shop? - Yes.

After that she returned three pieces into the box, and you thought she had four? - Yes.

She was then talking about the price of one? - Yes, when I looked at her, I saw the lace slip down.

I believe you found afterwards that she had been buying some other commodity at Mr. Lee's, your neighbour? - Yes, she said she had been at the next door to enquire for lace; that I found to be true of Mr. Lee; I never saw her before in my life to my knowledge.

At the time you was serving her, Mr. Pudner was there, and your niece? - Yes.

You said she had a long sattin cloak on with arm holes in it? - Yes.

And you talked of some motion that was natural enough? - Yes, it might.

You have recently before lost a good deal of property? - Yes.

HENRY PUDNER sworn.

I was in the shop when this woman was in the shop; she came in and asked for some black lace; I asked her of what quality; she said, to trim the neck of a cloak; I set a drawer of lace before her; she said it was not good enough, she wanted something exceedingly handsome; I then called my wife to bring me a drawer of handsome lace; I cannot say I had any immediate suspicion of her; she said she had just been at my neighbour's, and bought a pair of gloves, and they had no lace to suit her; I said I hoped to suit her, as I supposed she came to purchase; she had a long sattin cloak on, and neither of her arms were in the arm holes; of a sudden I saw my wife pull her cloak; the woman said, what would you have, my dear? and I heard something drop on the floor; and a lad came round and picked up this card of lace.

SARAH MANWARING sworn.

I saw the card of black lace through the arm-hole of her cloak, at the time Mrs. Pudner was pulling her cloak aside; I saw it sliding down the arm-hole of her cloak.

Prisoner. I leave it all to my Counsel.

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

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17871212-7

8. DARCY WENTWORTH was indicted for feloniously assaulting William Lewer , on the King's highway, on the 23d day of November last, and putting him in corporal fear and danger of his life, and feloniously taking from his person, and against his will, one silver watch, value 25 s. a steel watch-chain, value 1 d. a stone seal set in gold, value 1 s. and a metal watch-key, value 1 d. his property.

And MARY WILKINSON , otherwise LOOKING was indicted for feloniously receiving the said watch, chain and key, knowing them to have been stolen .

WILLIAM LEWER sworn.

I was going to Hartley Row in Hampshire; I was robbed near about five, I was stopped near the Powder Mills on Hounslow-heath .

Prisoner. My Lord, I hope you will have the goodness to order the other witnesses out of Court.

(Ordered.)

What sort of light was it? - It was perfectly light, I could see every thing; my clerk, William Bucknell , was with me; he is here, we were in a post-chaise; there was a man followed us and called stop, stop; hearing the voice stop, I turned my head, and though never having been robbed before by highwaymen, I knew it to be so by seeing a large black silk over his face; I gave him my money; it is totally impossible to swear to the man, having the black over his face.

Do you recollect any thing of his person? - A man being on horseback is quite different to a man on foot; I lost three guineas and sixpence, and a double cased silver watch, a metal key, and a white stone seal set in gold.

What was the impression? - Hercules strangling the Numidian Lion; I had the watch made for me in 1772, by Thomas Amyot, in Oxford-street.

SAMUEL BUCKLAND sworn.

I am clerk to Mr. Lewer, I was with him when he was stopped on Hounslow-heath, as near as I can judge, about five in the evening; it was then beginning to go towards dark; a single highwayman rode up, and desired the driver to stop, and Mr. Lewer gave him what money he had; then he took his watch.

Could you see the face of the man that robbed and stopped you? - It was impossible, he had a crape over his face; he appeared to be a man rather of large size, a lusty man; but as I sat close to the side of the chaise, I could not distinguish.

WILLIAM ALDUS sworn.

I am a pawnbroker in Berwick-street; I produce a watch I received of the woman prisoner at the bar, on the 24th of November, on Saturday in the evening; I never saw her before to my knowledge; she pawned it with me for a guinea; she said she brought it from her brother, and that his name was William Looking, that he lived No. 24, Greek-street, Soho; she said her name was Mary Looking , that her brother wanted to make up a sum of money to pay a bill; I think, to the best of my recollection, that was what she said; on Monday when the lift came down, I went to Bow-street; and Jealous and me went to look for the woman in Greek-street, but there was no such person; the watch has been in my possession ever since.

SAMUEL MAYNARD sworn.

I am a patrol belonging to Bow-street, I was on the Brentford road on the 27th of November, in the evening; I heard of a robbery done that night; I went out of that road into another, and apprehended the prisoner in the Uxbridge road, at Knotting-hill turnpike; I searched him there, when I got him from the horse on the ground; and in his right-hand coat pocket I found a loaded pistol and this bunch of hair, and this piece of black silk, and a purse; and I found a small key in his waistcoat pocket, which he said belonged to the chest he had in his lodgings; he would not tell me where he lodged, and I did not know; when he was examined before Sir Sampson Wright, the next day, the gentleman where he lodged came down; his name is Little, he is here; and one Hughes went to his lodgings on Wednesday; I went with Little and unlocked a chest with the key which I found in the prisoner's waistcoat pocket; Little lived the top of Titchfield-street, Marybone.

Did it open easily? - Yes; it was a deal box or chest, about a yard and a half long; there was a little till at one end of it, which I opened, and found this seal; when he was examined again, the seal was brought before Sir Sampson Wright, and the prisoner was present; he said he had bought the seal, to the best of my knowledge.

Recollect Sir, it is very material, do not say more than you are sure of; did he appear to know any thing of the seal, or did he appear to be ignorant of it? - He said it was his own seal.

Will you swear that positively? - I will not say it positively; I think to the best of my recollection, I cannot be sure whether he said it was his own seal; I will not swear it.

THOMAS LITTLE sworn.

I am a carpenter, I live in Titchfield-street, Oxford-market; the prisoner lodged with me four weeks and a few days; he came on the 22d of October, and staid till the 27th of November; I remember Samuel Maynard coming to my house, the prisoner was not with him; I was with him when he unlocked the box, which was

the second or third time he came; I saw him take out several things, I cannot say what they were; I saw him take a seal out, but I cannot describe it.

Did the box belong to the prisoner? - It was brought into our house, and I should look upon it to belong to him; the prisoner himself brought it in, and I helped him with it up stairs.

Did the woman live with him all the time? - Yes, and behaved very well in our house.

In what capacity did she appear? - There was nothing disorderly, they behaved like gentlefolks.

By what name did she pass? - I do not know any thing of that; she was always called the lady, and he Mr. Fitzroy.

What sort of hours did the prisoner keep? - Very good hours, he was always at home almost, very seldom out; he behaved like a gentleman at my house.

Do you remember the 23d of November last? - I cannot say I recollect the night; one night the gentleman was out late, but it was not very late.

What do you call very late? - I believe it might be half an hour after eleven, or near twelve.

How long was that before he was taken up? - I cannot say exactly; it was the latter end of the week before.

How many days? - I cannot positively assert the day.

Mr. Knowlys, Prisoner Looking's Counsel. You say this gentleman and lady lived together? - Yes.

You supposed them to be man and wife? - I had no reason to think to the contrary.

Did they go by the same name? - He went by the name of Fitzroy, and she was called the lady; I understood her to be his spouse of course.

You say before you saw this seal, that this man who lives in Bow-street had been two or three times at your house? - Yes.

The prisoner was not there at that time? - No.

Court. Did they ever pretend to be married? - I can say nothing to that.

Did they ever say they were married, or did they pass for man and wife? - When people live together, and of course lay together, your lordship must be as good a judge as me of that; it is impossible I can know that, I will not pretend to say, because I know not; it was never mentioned whether they were man and wife or not.

Prisoner Wentworth. Please to ask this witness whether he ever saw any improper or suspicious people come to see me during the time I was at his lodging? - I never had no such thought about me, but he behaved like a gentleman, and paid his way like a gentleman.

Was it me that took your lodgings or not? - I know not which; they gave me half a crown, I do not know whether it was given by you or the lady; my wife took it, not me; I was not in the room Mr. Wentworth.

EDWARD HUGHES sworn.

I was with Maynard, I took this coat off from him.

DUNCAN GRANT sworn.

I am patrol; I was with Maynard; I know nothing more; I seized the horse when the prisoner was apprehended.

(The watch produced by Aldus, and the seal by Maynard.)

(Deposed to by the Prosecutor.)

Court. How long have you had the seal? - I do not know, may be not more than three years; I can swear positively to them both; I described them before I saw the watch particularly; my watch is so very remarkable, that perhaps there is not one in the whole Court like it; among the engravings in the brass work, on the edge of the cock of the watch, is my name engraved.

(Shewn to the Jury.)

What do you say as to the seal? - I am positive it is my property.

Is there any thing particular in that seal? - I only swear to it as to the colour of the stone, the mode of its setting, and the

impression; I have not the least doubt about it, if I had, I would give the seal up.

Prisoner. Did not you, on your oath say, before Sir Sampson Wright, that Sir John Fielding , had got another seal of the same impression; and that if they were together, you could not tell which it was? - I never saw the other seal, but I have an impression of it, and I have one of that, and the impressions are so much alike, that it is impossible for any person to distinguish them; a very good judge might, but I could not.

Mr. Knowlys. Have not you seen that a very common impression among the Wedgwood seals; it is a very common impression I know? - I never saw any of them.

Court. There are a great many of them; is the engraver here that made the seal? - No, he is dead.

Prisoner. I think you did, on your oath, before Sir Sampson Wright, acknowledge, you had no private mark on that seal.

Court. Mr. Wentworth, would you say any thing? - I wish to ask Mr. Maynard a question, (be so good to stand up) whether Mr. Maynard, or those that went there to search the box, knew any thing of the box, till I freely told them about it the next morning?

Maynard. I was not there that night.

Prisoner. Then Macmanus was there: I really knew nothing of the seal being in my box; if I had I would not have told them; this person who lived along with me, had a key of the box as well as me; she has freely acknowledged that I did not give her the watch; Mr. Lewer has not said that I robbed him; I only thrust that those paragraphs that have appeared publicly against me, in the papers, may not have any effect on the minds of the Jury; I have been ranked among the most notorious of offenders; and I wish that any person that has published those paragraphs against me, would now come forth like a man.

To the Prosecutor. How was the person dressed that robbed you? - In a drab coloured great coat.

Was it such a coat as that? - I have one like it myself.

Was it of that colour? - It was much like it.

ELIZABETH WILKINSON sworn.

I live in Stephen-street, Tottenham-court Road; I am in lodgings.

How do you gain your livelyhood? - By my needle, sowing.

What do you come to say? - I know a lady named Wilkinson received a watch in my lodging; she has passed for my sister; she is not my sister.

What lady? - Her name is Wilkinson.

Do you know that lady, as you call her, if you was to see her again? - Yes, sir.

Find her out? - That is the lady.

What sort of a watch was it? - A silver watch.

Of whom did she receive it? - I do not know the gentleman, on my word.

When was it? - On Saturday fortnight in the evening.

For what purpose? - I do not know for what purpose; they came into my lodging; I left the room for half an hour I should suppose; I never saw the gentleman before, he came with the lady; I let them in both; she said, after he was gone, she would pawn the watch.

How long have you known the prisoner at the bar? - The lady sir.

Aye the lady? - These twelve months.

Are you any way related to the lady? - Not at all.

How long have you known the prisoner Wentworth? - Upon my word I do not know; I have seen him several times; I have known him three or four months.

Prisoner Wentworth. Am I the person that gave the watch to this lady? - No; It was not you; it was a much shorter man.

Court. Who first applied to you to say any thing about this matter? - It was the lady prisoner.

How long ago? - It was about a week since.

How long has she been committed? - The 30th of November.

Maynard. This lady was with them; they all lived at Islington together about six months ago.

Court to Maynard. Was you present at the Justices when this woman was committed? - Yes.

Was there any written examination taken of the prisoner Wilkinson? - I do not know.

Do you remember her being charged with this? - Yes; she said she met a gentleman in the street, and went with him somewhere, to a Coffee-house, or some house-bagnio, or what not, and there she had the watch; I am not sure what place she said; I was sent out backwards and forwards.

Did she say there was anybody present at the time? - No; I do not recollect she did; they gave her a week from Friday or Saturday till Wednesday, to find out the man, but no man was produced.

Did this witness Elizabeth Wilkinson appear before the Justice? - No; she was waiting at the Brown Bear for them; she went with me to Wentworth's lodgings to take the things.

Do you know whether the prisoner Wentworth saw her at that time? - Yes; they had conversation together, both Elizabeth Wilkinson and all of them.

And she never appeared at the Justice's? - No; In July or August last, they all lived in Pleasant-row, Islington.

Court to witness. How is that that you never said anything of what you have now said? - I was there.

Mr. Knowlys. The Magistrates at Bow-street never receive any evidence for prisoners, only for prosecutors.

Prisoner Wentworth. did not I live in Great Russel-street at that time? - Since that he might have a lodging there, but not to my knowledge.

Mr. Knowlys. I mean to submit to your Lordship, that in this state there is nothing to call on Mary Wilkinson for a defence; I do it on the authority of the Court; I myself was counsel in a prosecution against some men of notorious bad character, and that case had great weight with me, coming from the authority which it did; it was the case of a haberdasher, Mr. Nott, there were four men principles, and two women were indicted as accessaries; upon the evidence it turned out, that these two women were living with two of the prisoners as mistresses, avowedly so, in the character of single women; the things were found in the women's apartments; Mr. Justice Buller directed the Jury to acquit the women; for he said, that what they did was under the coercion of the men: now, my Lord, in this case, the evidence stands thus: that they took this lodging together; that they lived together as man and wife, without giving any person any reason to the contrary, therefore she was under his control at the time she came with the goods, which, if she did receive from him, she received while under his control and coercion; it would not justify her in the original act of the robbery, that I am very willing to allow, but she has no right to question the actions of that person to whom she looks up for assistance; on whom she depends; whose servant she is; who has power to compel her to do things at times from fear, she cannot resist his commands; she takes them under those circumstances; it would be hard to call that a felonious receiving from a woman who has not the power to resist; there is the same control existing here that there was these; therefore I hope the same reason will produce the same effect.

Court. In the case you mention, there was a clear ground of acquittal; there were four men principals; there were two women lived with the principals; they took the stolen goods, and went and pawned and sold them; it is immaterial which; it did not appear from any single circumstance, that they knew they were stolen; but the case here is very different; for, in

this case, the woman comes with a false story to the pawnbrokers, and says, she lives in such a place, and gives a false description of her lodgings; as to the principle you mention of coercion, no person but a wife is intitled to that protection; as to a mistress she is not intitled to that protection; she cannot plead any coercion; she was at full liberty; she might have gone to a Justice of peace.

Mr. Baron Perryn. I was on the Rota at the time the indictment was tried, which Mr. Knowlys mentions, with respect to the burglary that was committed in King-street: with respect to the circumstance he mentions, I have not any accurate recollection or memory of what passed on that occasion; but I have some faint recollection, that under the circumstances of that case, Mr. Justice Buller was of opinion, that the property being brought to the lodgings, which were the lodgings of the men as well as the women; they were considered only as inhabitants in the place, and that it was not a case within the provision of the legislature, as accessories after the fact, for this place was considered as the lodging house of the men; and the goods were brought there, and deposited there; and the women had nothing to do with the business; now, according to my idea of this case, the Jury will consider of it, and my brother will state to them his opinion of it; this seems to me to be a case of a similar nature: for this woman lived with this man; the person who let the lodgings to them considered them as man and wife; they cohabited as man and wife; if a man goes out on the high way, and brings home a watch, and desires a man to pawn it, the legislature never meant that was the case of a receiver of stolen goods; because the receivers are more atrociously guilty than those who steal; this case appears to me to be this, that this woman, whether wife or not, he desired her to go and dispose of the watch; according to the idea I have of it, and she is entitled to the protection of a wife in my apprehension.

WILLIAM DODD sworn.

I live near Feversham in Kent; I am in the farming way, I have known the woman prisoner from her infancy, and all her family before her; I never heard any thing against her.

Court. Have you known her for the last year or two? - No, I cannot say I have; she lived a servant with me three years, and I had no reason to doubt her during that time; her sister lived with me.

Mr. Knowlys. Then so far as honesty has been concerned, she has been a very good girl? - Yes, I have no reason to doubt it; her father and brother have lived in that farm, and the family of them, near a hundred years.

The prisoner Wilkinson called another witness, who gave her a good character.

Court. The coercion, there can be no pretence for it; a married woman who commits larceny, in company with her husband, is excused; but that never was in this country extended to any mistress or concubine; but the rule of law is directly contrary; and even in the case of a wife, she must be under the immediate coercion of her husband.

Jury to Prosecutor. Have you the two impressions of the seal now? - No, I have not.

DARCY WENTWORTH, NOT GUILTY .

MARY WILKINSON , alias LOOKING, NOT GUILTY .

The next Part will be Published in a few Days.

Reference Number: t17871212-7

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 12th of DECEMBER, 1787, and the following Days;

Being the FIRST SESSION in the Mayoralty of The Right Honourable John Burnell , LORD MAYOR OF THE CITY OF LONDON.

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

NUMBER I. PART II.

LONDON:

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

MDCCLXXXVII.

THE WHOLE PROCEEDINGS UPON THE

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

9. THE said DARCY WENTWORTH was again indicted for feloniously assaulting John Hurst , on the King's highway, on the 27th of November last, and putting him in corporal fear and danger of his life, and feloniously taking from his person, and against his will, a metal watch, value 30 s. a steel chain, value 1 s. a seal, value 3 d. and a key, value 2 d. his property.

Prisoner. Please my Lord to let the other witnesses be examined apart; I mean the officers of Bow-street; I have no objection to the ladies remaining in Court.

JOHN HURST sworn.

I was robbed on the 27th of November last; I was returning to town about five in the evening; I was stopped by a single highwayman, and robbed of a metal watch, about a quarter of a mile before I reached Hounslow; I was in a post-chaise with two ladies, Mrs. Hurst, and Mrs. Grundy; we were coming from Slough.

Court. Look at the prisoner; can you swear to him being the person? - No; the man appeared to me to have a great coat on, and to be a tall, thin man.

Do you know the colour of that great coat? - It appeared to me to be a drab.

Was it light? - No, I cannot say it was.

Had he any disguise on his face? - I did not perceive it.

Then you cannot speak of the person that robbed you? - By no means; the person I saw at Sir Sampson Wright's, which was the present prisoner, appeared to me to be a very different man to the man that robbed me, and I noticed it at the time; there was a Wedgwood seal, and on it a device of Hercules; I think there was a steel chain and key; I have seen my watch since; one of the patrol produced it.

Mr. Knowlys, Prisoner's Counsel. You say you was robbed by a single highwayman, and in your judgment the prisoner is a different person? - Yes.

This was the Hounslow road? - Yes, according to my idea at that time, for I put my head out of the window after the person left me, and his horse seemed to be a very dark chesnut or black.

ANN GRUNDY sworn.

I was in the chaise at the time; the person that robbed us seemed to be a tall man.

Do you know any circumstance attending the robbery which at all concerns the prisoner? - No.

You have heard what Mr. Hurst has said? - Yes.

Does that coincide with your evidence? Yes.

SAMUEL MAYNARD sworn.

I am one of the patrol in Bow-street, that go from Hyde-park-corner to Brentford; on the 27th of November I set out, and a post-boy informed me a gentleman and lady in his post-chaise, had been robbed an hour before on Hounslow-heath; this was about six; I went to the chaise, and the gentleman let down the glass; he said, he had been robbed by a single highwayman, a lusty man; he had on a drab coat, and something black over his face; he said, he lost a metal watch; a steel chain and wedgwood seal tipped with silver; that gentleman was Mr. Hurst, the prosecutor; I took his name at that time, and where he lived; after they gave me the description of the horse, I went away; and after waiting some time about half after seven, within a few yards of the turnpikegate, a man came and called gate; I bade the man be careful in opening the gate; I went to the gate; he kept his distance, and seeing the prisoner at the bar answer the description, and the horse exactly, I stopped him and searched him; as I attempted to apprehend him, at that time, he turned his mare's head round from me, and put his left hand down in a great hurry to his waistcoat pocket, and flung his arm a great way from him; I said immediately, Sir, you have thrown something; I found in his right-hand pocket this pistol, and a black silk, and a bunch of hair, and a purse; I cannot say what he flung from him.

Court. Did you search to see if any thing was found in the road? - When I searched him, not finding a watch, I said, Sir, you have thrown a watch away; upon my honour, says he, I have not; I put him into custody, and searching with a lanthorn, I found a metal watch at some distance from him.

Are there holes for the eyes in that silk? - Yes; nothing was in the purse; in his waistcoat pocket I found a guinea, two half guineas, and four shillings in silver; nothing more than what I have mentioned upon him; we then took him to London, and put him in the watch-house till the next morning, and took him before Sir Sampson Wright; he was examined that day and committed.

Did you produce that watch at Sir Sampson's? - Yes, it has been in my custody ever since; it was the same that I found over the pales.

Was that at such a distance that he might have thrown it in the manner you have described? - Certainly, my Lord, being on horseback.

In your judgment was not that at a greater distance than what he might effect by throwing his hand from his horse? - He stood up and threw his arm very strong; I observed where the arm extended to, made me point that way; then I charged him with having thrown a watch away, not having one upon him.

Mr. Knowlys. I am very glad you did not hear Mr. Hurst's examination, there is so great a difference, I shall ask you but a very few questions; what road was this that you took this man in? - The Uxbridge road, an hour and half after the robbery.

What sort of a horse was it? - It was a light chesnut horse, with a hunter's tail.

The gentleman did not swear to him at Sir Sampson's? - I understood that he swore to him; I mean that he swore to his watch there.

That introduces one question; how much all you get by the conviction of this man? - I cannot tell that.

I knew that would be the answer exactly; how long have you been employed as an officer in Bow-street? - Pretty near five years.

And you cannot tell what you would get by the conviction of that man? - I cannot tell.

Court to Maynard. Tell me exactly the description the prosecutor gave you? - He told me it was a lusty man in a light drab coat, buttoned up to his chin; that he had a round hat on, and something black over his face; he said he did not see his features.

Did he give you any further description? - He said he thought it was a chesnut horse, and had a hunter's tail.

Did he say it was a dark chesnut? - He thought it was of a dark colour.

Jury. We wish to ask Mr. Hurst some further questions: does the prisoner wish Mr. Hurst to withdraw now?

Prisoner. I have no such wish.

He gave no further description? - Only told me what he had lost, a metal watch with a steel chain, and describing every particular; and the lady her purse.

Did he mention the maker of the watch? - Not at that time.

When you apprehended this man at the turnpike gate, was it light enough for you to distinguish his face? - It was a very moonlight night, indeed; the moon had been up for two hours, or an hour and an half.

Prosecutor. At the time of the robbery the moon was not up, it was about five o'clock.

JOHN DUNN sworn.

I am a stable-keeper, in Three Horse-shoe-yard, Grosvenor-square; the prisoner hired a horse of me on the 27th of November; I am sure it was the prisoner, I have let him horses before once or twice; in October I let him the same horse, between twelve and one; he hired it by the name of Fitzroy.

What kind of horse was it? - A chesnut cropt mare, with a white face.

Had he always hired the horses of you in October, by the name of Fitzroy? - Yes, always; I did not know where he lived, he did not say particularly where he was going, neither did I ask him, he hired it for the day, and mounted it between twelve and one; the horse was never brought back to my stable, till I brought it from Sir Sampson's people; I saw it in possession of one of Sir Sampson's people.

Mr. Knowlys. This was a light chesnut mare, and with a white face? - Yes.

You are sure it was a light chesnut, and with a white face? - Yes.

Court. Was the mare you saw at Sir Sampson Wright's servant's the same you let to the prisoner? - Yes.

To Maynard. Was you present when that mare was shewn to the last witness Dunn? - I shewed it myself.

Was that the same mare that the prisoner was riding at the turnpike gate? - It was.

Prosecutor. I saw the mare, it was shewn to me; I was much surprised to see the mare so different in colour.

EDWARD HUGHES sworn.

I am one of the patrol; on Tuesday the 27th, Mr. Hurst gave us information that he had been robbed by a man in a drab coat and a chesnut horse, and a blaze in his face, a bald face, a kind of a white in his face; Maynard and me crossed over into the Uxbridge road, and waited at Kensington gravel-pits turnpike, and about half past seven, the highwayman, as we supposed, according to the description, came up; Maynard went up to the gate, I followed him; just as he was going to seize him, he threw something away; Maynard said, take care, he has thrown something away; I saw his arm go, but I cannot say I saw any thing go out of his hand; we pulled him off the horse on his back, on the ground; I held him while Maynard searched him; Maynard found in his right-hand pocket a pistol, a piece of black silk, and a purse; and in his other pocket, he found some money; I searched the left side, but found nothing there, and I took this whip out of his hand; we went into the turnpike house, and he took this drab coat off his back; after that we got a candle and lanthorn, and searched about, and Maynard brought in a watch that he said he found on the ground; I was in a hog-sty at the

time I did not see it found; we said it answered the description that Mr. Hurst gave us, with a Wedgwood seal.

(The watch shewn to Mr. Hurst.)

Jury. What sort of a night was it? - Why it was not very light; it was half past seven; it was not wet at all.

Was it moon-light? - Why I think it was rather moon-light; I am not quite sure of the night; it was not dark.

Was it light enough for you to see any thing go from the prisoner's hand? - I was rather behind Maynard, I saw his arm go.

(The watch and seals shewn to the prosecutor.)

Prosecutor. I believe this is my watch, and seals, and chain.

Mr. Knowlys to Hughes. You are employed by Bow-street? - Yes, I am partner with Maynard.

He does not know what he shall have for the conviction of this man; perhaps you do not know? - Conviction! Sir; it is our duty; we do not think of conviction. Grant is another patrol; he proves nothing more than catching the horse.

DUNCAN GRANT sworn.

I catched the horse.

What kind of horse was it? - A chesnut horse; it was the same that was afterwards carried to Sir Sampson's, and shewed to Mr. Hurst.

Mr. Knowlys. You was there when Mr. Hurst was quite astonished to see this horse was not the one he told you: he was quite astonished to see this horse; did not he tell you so? - No.

Prisoner. I have nothing to say; I have no witnesses to call at all.

Mr. Hurst. My Lord, I beg pardon for interrupting; but I never told the guard that he was a stout lusty man; I always held this language, that he was a tall, thin man, nor did I ever say he had any thing over his face; but that I judged there might be something, because I could not see his features.

NOT GUILTY .

10. The said DARCY WENTWORTH was again indicted for feloniously assaulting Ann Grundy , on the King's highway, on the 27th of November last, and putting her in fear, and feloniously taking from her person, and against her will, a silk purse, value 6 d. and two guineas , her property.

There being no other evidence, the prisoner was ACQUITTED .

Reference Number: t17871212-8

11. EDWARD MATHEWS was indicted for stealing, on the 11th day of March last, one piece of bombazeen, value 30 s. the property of Edward Dowling , the elder , and Edward Dowling , the younger .

EDWARD DOWLING , the elder, sworn.

I am partner with my son Edward Dowling ; we are stuff warehouse-keepers ; I lost the piece of bombazeen mentioned in the indictment; the prisoner was my servant ; he had been a porter better than a year and a half; in June 1786 I went to Bath and Bristol on business; on my return I found the prisoner had been discharged; and in cleaning the cellar there was a pawnbroker's ticket found by a witness who is in court; the ticket was brought to me; upon examining the ticket, I perceived the name

"Mr. Matthews, one bombazeen 60 yards" and a number to it; there was so far back as the 11th of March, 1786; the prisoner was then in my service; I went to Mr. Parker the pawnbroker, the next street to me; and in consequence of his information, I went to the office of Sir Sampson Wright with the ticket, and I went to Mr. Page in Chissel-street, and shewed it to him; his servant is here, and he shewed me a piece of bombazeen; when we have them from our manufacturer's we always put a number in the numerical book; and I saw that colour as it is dyed by the dyer, with the number upon it; examining the bombazeen we found a number upon it; upon examining the number

with my check book, and my sale book, I found I never had sold it.

What do you call the check book? - A numerical book; I think it was 1853, and the mark the same number; likewise on the stick it was rolled upon; I have no doubt but it is my bombazeen; I missed a great deal more, but that was the only thing I recovered; when the prisoner was examined, he acknowledged taking it to Sir William Plomer .

Did you, or any body in your presence, before the magistrate, give him any hopes of mercy? - None at all; I was told by Mr. Kirby, that he wanted to make a confession, and I had lost a considerable property.

DANIEL WITHAM sworn.

I am servant to the prosecutor; I was not in his service at the time the prisoner was; I found the duplicate in the cellar; I gave it to my master directly; I produce the bombazeen which I had from Mr. Page, the pawnbroker; I brought it myself; I was before the magistrate; I do not remember hearing the prisoner say any thing there that was material.

- LARON sworn.

I am servant to Mr. Page, the pawnbroker; I know the prisoner; he brought the bombazeen and pledged it with me; I never saw him before; I have no doubt about his person; I gave him a ticket which I should know again; it is my own writing. (Shewn to the Jury; the bombazeen produced and deposed to.) I gave it to the witness Witham; I was present before the Magistrate; I did not hear him say any thing.

Prisoner. I have nothing to say.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17871212-9

12. CHARLES BERKLEY and JOHN CLAW were indicted for burglariously and feloniously breaking and entering the dwelling-house of John Richardson Harbert , Esq ; about the hour of twelve in the night, on the 9th day of November last, and burglariously stealing therein a pair of coach-harness plated with silver, value 10 l. and two saddles, value 5 s. two saddle-cloths and a bridle, value 10 s. a pair of woollen horse-cloths, value 4 s. a hat and band, value 9 s. his property.

JOSHUA HOLMES sworn.

I am coachman to John Richardson Harbert , Esq; in Cavendish-square , No. 5; there is a stable and harness-room join to the house; they are all surrounded with a brick wall, and connected together; on the 9th of last month, November, there was stolen a pair of harnesses from the harness-room; I put them there over-night, after I came home, which was about five in the afternoon; I cleaned them between eight and nine; I sleep in the house; nobody sleeps in the coach house; I double locked the door, and left the key in the inside of the door; we can go into the house through the harness room; I am positive the door of the stable was locked and double bolted; the communication to the outside was double bolted, and all fast; there was in the harness room the things in the indictment; the hat was a round glazed hat and hatband, part of my master's livery; the hat and the saddle and bridle hung up in the stable; but every thing was locked up safe, and bolted; I got up the next morning about six, and went up to the stable directly; I saw the two bolts drawn of the harness-room door, adjoining to the house; when I came to the top of the ladder, to which it joins from the kitchen, I came into the harness room, and the harness was gone and the other articles; I got into the harness-room over the leads from the kitchen; I left the key within the door; and that key was afterwards found on one of the prisoners; the coach-house and stables are behind the house in Mortimer-street.

What is the next building to the house? - The kitchen and stable all communicate

to the house; we go from the kitchen to the harness-room; all the things in the indictment were gone; they are all here.

JOHN ATKINS sworn.

I produce a saddle, a pair of horse-cloths, and a bridle; I received them from one Cuthbert Kitchen on the 12th, when these men were examined at the office; the prisoner Berkley, when he was committed at the office, told me he had left these things at a cook-shop in Cecil court; I went there, and found them; he said the other man was innocent of knowing anything of the fact; the prisoner told me this at the Brown Bear .

Had you, before this, mentioned to him that he should not be prosecuted, or have any favor shewn him? - No; none at all; he told me he hired the prisoner Claw as a porter; we were bound over to prosecute Cuthbert Kitchen for having the goods in his possession. (The things shewn to the coachman.)

Holmes. They are the property of my master that I had in my care; they were in the stable that night.

Prisoner Berkley. This man is innocent; I hired him as a porter.

FRANCIS HUMPAGE sworn.

I found this key on the prisoner Berkley; I went to the house and shewed it to the coachman; and the coachman said he left it in the stable door that night; here is a padlock key.

(Deposed to by the coachman.)

THOMAS MERVIN sworn.

These bridles belong to Mr. Harbert; I met these two prisoners at the bar on the 10th of November, about twenty-five minutes past eight; I then past them, and I was stopped by a young man with a pot of beer in his hand, who bid me stop these men; I followed them down Wigmore-street, which crosses Harley-street; I stopped the prisoner Claw who had the harness on his back; I went to the other prisoner; says I, my friend, you have got a pair of good harnesses; he said, they are for my old master who lives in Oxford Road; when we came almost to the corner of Wimpole-street, I turned up, and met the other prisoner about nine; I said to the prisoner, I do not suppose you came honestly by this harness; says he, I did not; I stole them; let me alone, I will go quietly with you; and he said that man is innocent; I only got him to carry the harness for me.

Did you promise him any favour? - none at all.

(Deposed to by the coachman.)

- HARTLEY sworn.

I was coming home between eight and nine, on the evening of the 10th of December; I took the prisoner, with the harness on his back; the prisoner Claw said he was only a porter: he said he was innocent. he was only hired by the prisoner Berkley; I carried him to Mr. Harbert with the harness upon him.

PRISONER BERKLEY's DEFENCE.

I worked for the coachman a fortnight; and I had nothing for my trouble; I was in great distress; I have nothing more to say; he never paid me, I could not live on the air; and I took this wicked thing in hand.

PRISONER CLAW's DEFENCE.

I am innocent.

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

CHARLES BERKLEY , GUILTY , Death .

JOHN CLAW , NOT GUILTY .

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

Reference Number: t17871212-10

13. FRANCIS WARNER was indicted for burglariously and feloniously breaking and entering the dwelling house of Thomas Hall , about the hour of seven in the night, on the 8th of November last, and burglariously stealing a woollen bed quilt,

value 12 s. a pair of sheets, value 3 s. three blankets, value 3 s. a pillow and case, value 3 s. three tea spoons, value 3 s. two tea-boards, value 2 s. a waiter, value 6 s. and a pair of women's jumps, value 2 d. his property.

THOMAS HALL sworn.

I live in Brick-lane, Whitechapel ; I am, a breeches maker ; my house was broke open between seven and eight, on the 8th of November; I was in the shop with the boy Thomas M'Donald; he told me heard a noise in the parlour; I went into the parlour with a candle, and saw the sash thrown wide open, and I missed the things; I was in the parlour half an hour before, the window was close down then; the window opens into my garden, there is a court adjoining to the garden, which is called Hanover-court; part of the things I lost are here; I saw a man get over the wall, when I looked out of the window; I did suppose it to be the prisoner, and that he was without his shoes, because when he jumped down, he made no noise; my boy went into the street, the prisoner was taken in a very few minutes afterwards; it was dark, but I held the candle up: I produce two tea-boards and a japanned waiter, a pair of jumps, and a tea-chest, they have been in my possession ever since I received them from the Justice.

JOHN SADGROVE sworn.

I am a private house-keeper, I was going along Brick-lane, near seven in the evening, I took some of the things down to the Justice; these jumps were brought to me sealed up; I live facing the prosecutor's house, I heard the cry of stop thief from a boy, I turned round, and saw the prisoner come out of Hanover-court, just coming through the posts; if he came out of the prosecutor's garden, he must come from the court, a boy hallooed, stop thief; I took the prisoner without his shoes; I said you must stop, my friend; he said, I have nothing about me, and these jumps were brought to me, and all in the course of two minutes; I can not justly say who gave me the jumps; I gave them to the Justice; they were sealed up.

Mr. Hall. They have been in my possession ever since; the jumps were brought to me by one Greenwood, but he would not come.

THOMAS M'DONALD sworn.

What age are you? - Turned of fifteen.

Do you know what will become of you, if you take a false oath, after your death? - Yes, I shall go to a very bad place.

What bad place? - They call it Hell.

Were you present in Brick-lane? - Yes, I saw the prisoner come out of Hanover-court, I heard a rumbling about; he ran out with the jumps underneath his arm, I hallooed out stop thief, and he dropped the jumps right facing the muffin-shop; and as the man was coming from Whitechapel, the witness Sadgrove stopped him; a sailor picked up the jumps; I saw the prisoner drop the jumps, that were delivered to Sadgrove by the sailor; I am sure I did.

PRISONER's DEFENCE.

I was just coming back from my work; I went to my mother's, and she sent me for my father at the Two Brewers; before I reached there, I stopped at the end of this alley, and presently I heard the cry of stop thief, and I crossed over, and that man laid hold of me; says he, you will do nicely to weigh your weight at the new drop, and he has told my mother so several times since, when he has met her; he hauled me away to the watch-house.

Court to prosecutor. Are these your wife's jumps? - Yes, they were in the parlour.

Mrs. HALL sworn.

These are my jumps; I put them on the bed in the room which was broke open; I could know them among forty pair.

GUILTY , Death .

(Aged 17.)

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

Reference Number: t17871212-11

15. HENRY FUDGE was indicted for burglariously and feloniously breaking and entering the house of John Baldwin , about the hour of six in the evening, on the 27th of November last, and burglariously stealing therein, a cotton gown, value 15 s. his property.

JOHN BALDWIN sworn.

I live in New Peter-street, Westminster ; I am a house-keeper; on the 27th of November, between five and six, I was down in the kitchen, and a young man knocked at the door, and told me that my parlour window was open; I opened the kitchen door that goes into the area, and told him that I was much obliged to him, and would come and fasten it; when I came into the kitchen again, my wife came up to fasten the parlour window, she called out to me, I immediately ran out of the door after the man; it was very dark, I could see nobody; then I returned again, and went into the parlour; there was a cotton gown missed; I found the things laying about the room, for there was the sheets and several things packed up, and I supposed ready to be carried away.

Did you ever find the cotton gown again? - In the course of the evening, in about an hour and an half afterwards, I went to the public-house to order some beer, and received information, and the next evening the prisoner was taken.

Mrs. BALDWIN sworn.

On the 27th of November I was in the kitchen with my husband, when the alarm was given, between five and six; in the afternoon I went in and pulled off this gown, and threw it down on the bed in the parlour; it was between two and three; I shut down the window, at the same time; the things were laying on the side of the chair, the other things were laid on the side of the bed; I missed nothing but my gown; I never saw the gown till the 10th of November, when I saw it in Fleet-market, at a pawnbroker's; I was informed it was there; I went there and found it.

WILLIAM ASHTON sworn.

I produce this gown which I received from the pawnbroker's in Fleet-market, his name is Brooks, he is not here; I had the gown in consequence of Fleming's information, and I went to the pawnbroker for the gown.

(The gown deposed to.)

Mrs. Baldwin. It is my own making; I can swear to my work; the apron was not with it at the time, and here is a bit of the trimming; the gown was tucked round the bottom; and it is untucked; but here is the mark of the tuck on it now.

JOHN DUNBAR sworn.

I live at the Victualler's Arms, at the Seven Dials; about a quarter after five, I saw Mr. Baldwin's window open; I was going past his house on the 27th of November, I knocked at the next house, seeing his window open; I saw the prisoner get out of the window between five and six; the prisoner is the person, I knew him perfectly well before, by going up and down the street with br; I know that that person that came out of the window, is the prisoner; I can take my oath safely on it; I attempted to take hold of him, but I could not hold him; I cried out, stop thief, but there was nobody there; he got off: I am sure it was the prisoner, I did not see any thing in his possession; as soon as the patrols came up, I gave information to them and the watchman; he was taken the next night, and taken before the magistrate.

JOSEPH ELLIOTT sworn.

I am one of the patrols of St. John's, Westminster; I apprehended the prisoner on the 28th of November, the night after, at the Two Brewers, a public-house; he was sitting at the fire smoaking his pipe; I brought him to Mr. Davis's, where this boy lives; says I, Jack is this the person you saw get out of the window? he positively declared it was; I took him to the watch-house, and the next morning to the Justice.

ELIZABETH BURT sworn.

Did you ever see that gown before? - This is the gown I bought of Mr. Fleming, I gave seven shillings and sixpence for it; I sent it to pawn to Mr. Brooks's.

It is not usual for people to buy articles of dress, and then pawn them immediately? - I wanted money, and I sent a shawl with it, that I have in my pocket; they lent me fourteen shillings upon them.

FRANCIS FLEMING sworn.

I live in Dean-street, Westminster, I am a pawnbroker and salesman; I bought this gown of the prisoner at the bar, in company with another man; I am sure it was the prisoner.

What did you give him for it? - Four shillings and sixpence.

What; did you buy it out and out? - Yes, Sir, I bought it out and out.

What is the real value of it? - Eight shillings; it has only three breadths and a half in it; I happened to call on Mrs. Burt; she said she wanted such a thing as a dark cotton gown, I sold it for seven shillings and sixpence; I happened to see Mr. Addington a few days afterwards, and he mentioned the robbery; I told him I had bought one, and that I bought it of Henry Fudge for four shillings and sixpence, and who I had sold it to for seven shillings and sixpence; he brought the gown about seven in the evening, on the 27th of November.

Court to Prosecutor. What is the value of the gown? - Fifteen shillings.

So this witness purchased it for four shillings and sixpence, what cost fifteen shillings? - I do not think the gown ever cost fifteen shillings.

Prosecutor. It cost nineteen shillings.

PRISONER's DEFENCE.

I never sold him any thing in my life, or ever knew him but when he lived with Mr. Wright; I have nothing to say, nor I have no witnesses.

Court. How do you get your living? - A boot and shoe-closer.

Court to Jury. You observe, when he came out of the window, the pot-boy knew him, and could see his countenance.

GUILTY Of stealing, but not of the burglary .

Transported for seven years .

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

Reference Number: t17871212-12

16. WILLIAM GROCER was indicted for feloniously stealing, on the 27th of November last, one piece of silver, weight six penny weights, value 20 d. the property of James Terry .

JOHN EASTFORTH sworn.

I was fourteen last October; I saw this man put this piece of silver, about a sixpenny weight, in the shop of Mr. Terry, under a water-pot; I gave it to my master, as soon as I picked it up; my master kept it; the man went home to dinner, then he put a cross upon it, and put it where I saw the man take it from; and when the prisoner had done work, he went and took it up, and I saw him put it in his breeches pocket, and went out; somebody fetched him back, and the constable searched him in my master's house.

JAMES TERRY sworn.

I am a gold and silver caster ; on the 27th of November last, myself and two apprentices were at work in the shop; I was casting two hundred ounces of silver; on the second casting the mould ran over, and it stuck to the board, and the prisoner took the piece of silver up, and secreted it under the water-pot in the shop; the boy came immediately, and brought it to me; I marked it, and put the same piece of silver where he first put it, and I saw him stoop and pick it up.

- PROCTOR sworn.

I am a constable; I took the prisoner

and searched him in Mr. Terry's house; the prisoner said, you need not search me, for I have got it.

(The silver produced, and deposed to.)

PRISONER's DEFENCE.

My Lord and Gentlemen, I have worked for Mr. Terry five years; I verily believe Mr. Terry having taken this boy with an intent to discharge me; and not finding any cause to part with me, I have great reason to believe, that he placed the piece of silver, as a temptation for me to take it.

SAMUEL LEWIS sworn.

The prisoner lodged with me three years; I have always known him a very honest, good character; and if he had not gone away, never would have parted with him.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17871212-13

17. RACHEL TURNER was indicted for feloniously stealing, on the 29th day of October last, a muslin apron, value 1 s. a silk border of a gown, value 6 s. a velvet hood, value 6 d. two small pieces of long lawn, value 18 d. nine yards of fine linen, value 19 s. a silk handkerchief, value 1 s. a table cloth, value 3 s. a piece of mode, value 2 s. a shift, value 1 s. a cloak, value 3 s. an apron, value 1 s. four cloths, value 2 s. a piece of printed cotton, value 1 s. a pair of metal butter boats, value 2 s. one muslin cap, value 1 s. the property of Cleophas Comber .

(The case opened by Mr. Sylvester.)

CLEOPHAS COMBER sworn.

I am a wax and tallow chandler ; the prisoner lived servant with me between five and six months; I had a good character with her; during the first part of her service, I and my wife thought her a worthy and good servant. During my wife's laying in, there were things went; I suspected the prisoner; there was no other people I could suspect but the nurse; I had a man and boy, but the things were not likely to be taken by a man servant; I sent for the beadle of St. Martin's parish, William Parsley ; and when he came I called the prisoner into the parlour, and said, Rachel, I am very sorry I have to speak to you on the subject I am going to do; she says, what is that? I said, I have reason to suspect you are dishonest; says she, what makes you think so? I never took any thing that was your's in my life; I said, I have reason to think that you have; says she, who has told you any thing? I said, it is no matter who has told me any thing; I have reason to suspect it, and I am sure you have, and I must insist now on looking into your box, which she seemingly readily complied with; we went to go up stairs; the young woman ran to go before, I called to her, Rachel, stop; let us all go up together; she readily unlocked her box, and the first thing that were presented to view, were the two sauce boats; she was going to take them out; I took the things out of the box, and gave them to the officer; my wife owned the things that were her property, and they were given to the beadle; he has them now in his possession; when all the things were taken out of the box, we came down into the dining-room; I wrote down on a piece of paper the different articles the girl had taken; then the beadle took them into his possession, and the girl to the watch-house; when the prisoner went before the Justice, she signed a paper, and made her mark to it.

Was there any thing said to her before she put her mark to that writing? - Nothing at all.

Was any promise of any kind made to her? - None at all.

Any threat? - None at all.

Was it read to her? - It was.

Mr. Garrow, Prisoner's Counsel. Who guided her hand to make the mark? - The clerk.

The woman did not know what was doing? - She heard what was read over; it was read very distinctly, and in the presence of the magistrate.

Had not you said before that, come, Rachel, confess all, and you shall not be hurt? - I never said any such thing. (Shewn to him.) I swear I saw her mark it.

And you can swear that is the paper you saw her make her mark to? - I can.

Did you witness it? - I did not.

Is not that your hand writing there? - It is not here.

You said you witnessed it just now? - No; I did not say I set my hand to it.

What is there particular in her mark? - A cross.

You know her mark pretty well if I am not misinstructed? - On the other side there is my own hand writing.

Were the very words taken down? - It was put down that she acknowledged to the things; I cannot particularly say, whether the Justice signed that or no.

Mr. Garrow. So this young woman had lived five or six months in your family? Yes.

And she came to you with a very good character; and kept it till the good woman was in the straw? - Certainly.

That is a time when good servants, pretty ones particularly, lose their characters, and at that time you began to have a little matter of suspicion? - I was uneasy in my own mind.

Of course there was a nurse in the house? - Undoubtedly.

The nurse is always a gossip; did not the nurse tell some nonsensical stories about you and Rachel; it was very natural for the master and Rachel to have slanderous things said of them when the good woman laid in? - I do not know I am sure, I am sure I do not.

Indeed you do? - I insist upon it I do not.

Do not be positive; there was a new guinea of a new coinage received in the shop while the good woman was in the straw? - Very probable; my shop is a retail shop.

Did not the nurse say, that Rachel had that new guinea? - Not that I know of; I never heard any thing about it.

Did not the nurse say it? - I know it is not true.

But they will say things of poor women; that you and Rachel were walking arm in arm in Covent Garden together? - I never heard of any such thing.

In a word, did not the nurse tell some nonsensical stories that made the good woman a little matter jealous? - There was an uneasiness in my mind.

No curtain lectures about it? - Nothing of the kind.

When you got Rachel into the parlour, did not you say, if you will confess you shall not be hurt? - I never said such a syllable, nor such a word, nor a word like it.

Where were these things kept that you found? - They were kept in a row where my wife was.

In the room where she lay in? - Certainly, the most part.

In what part of the room? - There was a chest of drawers and another large chest in the room.

The nurse in course was pretty generally in that room? - She was frequently there.

Were these things there when your wife was brought to bed? - I cannot say.

But Rachel, till the down-laying bore a very good character? - Yes; she did.

Mr. Silvester. Did that young woman ever hint anything of that sort before? - Never; I mean to say, that I never heard such a thing mentioned till now in this court.

REBECCA COMBER sworn.

I am wife of the last witness; I lost my property mentioned in the indictment; they were found in Rachel Turner 's box; I was present when they were taken out.

WILLIAM PARSLEY sworn.

I am constable; I searched the prisoner's box, the property is here; (produced and deposed to) they have been in my custody ever since; I have been beadle eight or ten years.

Do you know Mr. Addington's hand writing? - I think I do; I am not sure.

Look at that? - I belive it to be his hand writing; I have seen him write.

Mr. Garrow. Read that; which of the gentlemen? - Is it Mr. Abington the Tallow Chandler, or Mr. Addington of Bow-street? - I cannot say justly; that is his hand writing to the best of my knowledge; I will not say any more.

Mr. Silvester. Was you present when the young woman signed it? - I did not see her sign it; but I saw a pen in her hand; she signed all that which I heard.

(Read.)

"The examination of Rachel Turner , charged with felony, taken before me this 31st day of October, who says, that two butter sauce boats; a muslin apron and other things, she stole from her master; and that she begs her Master and Mistress's pardon.

Beadle. That I swear to.

(The things deposed to.)

Court. That is a sort of confession I never pay any regard to; it is a confession of the law and the fact too.

Mr. Garrow. I remember my Lord Loughborough, during a whole circuit, rejected it.

Mrs. Comber. I belive them all to be my property; but there are three that I have marked; the silk handkerchief I marked with my own hand R. U. before I was married; this silk cloak I think I can venture to swear to, on account I had not finished trimming it; I have the remainder of the lace.

PRISONER's DEFENCE.

My master told me if I knew any thing of his property, and would confess, he would forgive me.

The prisoner called two witnesses who gave her a good character.

GUILTY .

Court to prisoner. This is a very improper return you have made to the mercy of the prosecutor; you have thought proper to instruct your Counsel to throw out such insinuations, the object of which was to destroy the domestic peace of your master and mistress; therefore it will be considered in your punishment.

Transported for seven years .

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

Reference Number: t17871212-14

18 JOSEPH HERBERT , ALIAS HARBOURNE was indicted for feloniously stealing, on the 6th day of December , nine live fowls, value 10 s. the property of Joseph Barks .

JOSEPH BARKS sworn.

I live in Saint John's Wood , in the parish of St. Mary-le-bone ; I lost last Thursday morning nine fowls; they were there the night before I am sure; I saw them myself at dusk; they were stolen on Wednesday night or Thursday morning; they were in a range of buildings, four yards from my house; I have several out-houses, the one is a granary; they were in the hay-house; it was locked up on Wednesday at night; on Thursday morning I got up at six, the usual time of going to the stable; I saw the hen-house door broken open; it was just light enough for me to discern that the door was open; I saw the lock entirely broken; the door was wrenched open; I looked into the hen-house, and saw only one fowl; I lost fifteen, sixteen, or seventeen; I immediately made it public; I saw the fowls afterwards alive at my own house.

JOHN FLETCHER sworn.

I was walking by the side of the hedge; between two fields, where the men were at plow, that is joining the to the prosecutor's field, and I saw a sack lay in the ditch; and I went and turned the sack up, and under it there was a bag; what there was in the bag I did not know; I went and asked the men if they knew any thing; one George Barnes that is here went along with me; and there were nine fowls in the bag; they were dead, I took them to the prosecutor's; and after that I carried them back to the place; I laid them into the same place and watched them; I was desired to do so; when I had been there about ten minutes the prisoner came by the side of the hedge and stooped down; it was marked with a piece of an oystershell; and it glistened; and he removed the oystershell as I sat in the ditch; I did not see the oystershell when I found the bundle; it was there when I carried the bundle; it might be there, but we did not take notice of it when we found the bag; we took notice of it when we carried the bag back.

Then it was no mark for you in laying the things there again? - No; I laid the things as near as I could in the same place; I went by a mark of a hole in the hedge; the prisoner came about half after six and removed the oystershell.

Was he alone? - Yes; he came into the ditch directly; it was a dry ditch, and took hold of the black bag and lifted it up, and then caught hold of the white; and threw the black bag on one side, and took up the white bag; he had not gone above two yards before I caught him.

Had he put it on his shoulders, or what did he do? - I cannot be positive; when I laid hold of him, he cried out, Lord have mercy upon me, what shall I do; I said, we have got him safe enough; he said nothing till we had got to the prosecutor's, then he said there was nobody concerned with him.

What did he say about himself? - Going over the fields by Mary-le-bone workhouse, he said, it would not touch his neck, on less it belonged to the dwelling-house, or joined to the dwelling-house, but now he was sure of going to Botany-bay.

- BARNES sworn.

I was with the other man; I saw the prisoner stoop into the ditch, and he took off the black bag, and was going off with the white bag; and that man collared him; when we were going to the watch-house I was behind carrying the things; I did not hear what he said.

BENJAMIN BATES sworn.

I swear to the fowls; here are the heads and legs; I examined them at the time; they were my master's property; I am positive to them; I have fed them often; they are the same fowls that were in the bag.

Prosecutor. I knew the fowls; I knew they were mine; I have frequently fed them myself.

PRISONER's DEFENCE.

I was going over the fields to look for some work in the morning; and I saw something lay in the ditch, a sort of a bag or sack; I went on about my business, and turning back in the evening, I thought I would see what it was; I took the black bag up and there was nothing in it; I saw a white bag laying under it, and I took it up, and before I could see what was in it they took me; I have no witnesses.

GUILTY .

Court to prisoner. You are very well remembered here; the expressions you have used, prove you to be an old offender; you seem to have known the distinctions; you told the man who took you up, that you expected to go to Botany-bay; that expectation will certainly be fulfilled.

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17871212-15

19. THOMAS PEACOCK was indicted for feloniously stealing, on the 9th day of November , one hempen bag, value 7 d. and 178 lb. of iron nails, value 38 s. the property of William Masheder .

ROBERT HELME sworn.

I am in the employment of Messrs. William Masheder, and Co. they are the proprietors of Irongate Wharf ; these nails were in their possession at the warehouse at the wharf.

THOMAS KNIGHT sworn.

On the 9th of November, about four in the afternoon, I was in my own shop opposite the wharf gate, and I saw the prisoner go once or twice, I am not sure which, but I am sure of once, I think twice; I saw him go in and take up a bag of nails in his arms, and I saw him carry them along the street, and lay them down in the street against the rails; he stooped, pitched his shoulders underneath the bag, and they were too heavy for him, he could not raise them; he took the nails up again in his arms, and carried them along the street, and the prosecutor having information, pursued him.

JOSEPH WINTERFLOOD sworn.

I was leading my cart; I am porter at the wharf, I pursued the man in St. Catherine's-lane, with a bag of nails on his back; he gave me no answer, but dropt them down, but I kept him fast.

(The nails deposed to by Mr. Helme.)

I swear to the bag, and the tally on the bag; and the nails are of the same sort.

PRISONER's DEFENCE.

I came from on board ship: coming down Tower-hill; I went into a public-house and had two pints of beer; a man followed me out, and asked me to carry the bag of nails, and he would pay me; I went to the wharf, he told me to stop, he pointed to the nails, and I took them up.

Knight. There was no man present but him.

GUILTY .

Transported for seven years .

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

Reference Number: t17871212-16

20. JAMES MORLEY was indicted for stealing, on the 3d of December , a crape gown, value 10 s. a cotton gown, value 3 s. six shirts, value 6 d. the property of William Moody .

The prisoner was taken with the property on him, immediately after the things were lost.

GUILTY .

Transported for seven years .

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

Reference Number: t17871212-17

21. MARY RANDALL , MARY BUTLER , ANN CLARKE , ANN WILSON , and MARY READING were indicted for feloniously assaulting Joseph Clark , in the dwelling house of Joseph Rider , on the 10th day of November last, and putting him in fear and danger of his life, and feloniously taking from his person, and against his will, a silver watch, value 4 l. a silk handkerchief, value 2 s. a guinea, a half guinea, and eleven shillings, one bank note of 20 l. and one bank note of 15 l. his property.

JOSEPH CLARK sworn.

I keep a chandler's shop , No. 19, the corner of Angel-gardens, Back-lane, Shadwell; I was robbed the 10th of November last, between the hours of eight and nine in the evening, at No. 45, Cable-street , a private house; it is a house of bad repute; I do not know any further, but I was dragged in by two people; I was go- going home; I had been at the bank to receive some money.

Had you been drinking any where? - I had drank one pot of beer with my two brothers in the forenoon.

Had you drank any more that day? - No, not to my knowledge; I was in Cable-street when I was first assaulted; that was in my way home from the Bank; I had half a cheese upon my head, I was looking in at the window at No. 45, I had no particular reason for looking in, and the prisoners Ann Clark and Mary Reading came first to the door; I never saw them before in my life, to my knowledge; they came behind me, and took hold of my hand that was upon the cheese, and forced me into the house, No. 45; they both seized me, and forced me in; they said I should go in; I said I would not go in, by any means; I said I wanted to go home.

Could not you have disengaged yourself if you had had a mind? - I had property about me, and cheese upon my head.

What! they forced you in against your will? - They did.

You absolutely refused to go! - I did.

Did you call for any assistance? - No, I did not.

How came you not to do that; you were not under any great apprehensions what they would do to you? - No, Sir.

Did you make all the resistance you could? - I did.

What sort of resistance was it? - I tried to keep out as well as I could, with the cheese on my head.

Did you struggle with them as hard as you could struggle? - Yes, I did, and they forced me against my will into the front-room, on the ground floor next the street; I could not have got away without leaving my property.

There is a good many people passing up and down? - I am quite a stranger to the place; I have not taken a shop there above a week; there were some people passing when they got me into the room; Ann Clark took the cheese off my head; she came behind me, and pushed it into a chest, by the bedside; says she, you shall stay all night; no, says I, I will not; then she shoved me to Mary Butler , who was sitting by the fire, and said I should send for something to drink; and I gave a shilling, and she brought me half a pint of gin.

Then you had no objection to all that? - We drank the gin amongst us; Ann Clark came to me, and said I must play two games at cards with her, and I did; we played two games at all-fours; then she persuaded me to send for another half pint of gin, which I did; then as soon as I had drank the gin, I fell very sick; then Mary Randall said, my dear, you seem very sick; I would have you send for something for supper, and something to drink, and to go to bed; I said I only want my cheese and to go home; Mary Randall said, I should not have my property, till I sent for something to drink, and something for supper; well, says I, if I cannot get it without sending for something, here take a guinea, and bring me the change; she said she would; so when I gave her a guinea, she brought me nineteen shillings back; half a guinea in gold, and eight shillings and sixpence in silver; and she said, I should go up stairs, before I had my supper; I told her I would not; says she, you must go up stairs; then Mary Butler took hold of my hand, and Mary Randall shoved me behind, up two pair of stairs.

All meer force? - Yes, all against my will.

You could not resist at all? - I had a suspicion I was at a bad house, and I thought if I could get away quietly, it would be better, as I had some property about me; then when they forced me up stairs, Mary Randall shoved me on the bed, and she said; my dear, let me undress you, and you shall have your supper in bed; no, says I, pray do not use me ill, for I must go home; then she said, you must go into bed, then you shall have your supper; you shall not have your supper, till you get into bed; she took and forced my coat off, my hat, my shoes, and my handkerchief; she threw me on the bed, and I expected nothing but my life was in danger; and I cried out, for God's sake, do not use me

ill; when she took my clothes off, Mary Reading brings up a bit of beef on a plate, without any thing else; says I, come now, here is my supper; if I am to have my supper, let me have it; then Mary Reading went out of the room and returned with the other drink, that Mary Randall persuaded me to send for; that was more gin, and I drank another glass; then this Mary Randall says to me, my dear, you seem to have a deal of property about you, because I had a 20 l. note, and a 15 l. note in a canvas bag in my pocket, and she saw it stick out, and she desired I would let her take care of it for me; says I, what occasion have I to let you take care of my money; I am capable enough of taking care of it; says she, what, you will not let me have it? no, says I, I will not; then says she, I will have it; then Mary Butler took my hands and put them behind me; I was afraid to make any resistance, or else I could have done it; Mary Reading took the 20 l. note, and the 15 l. note out of my left hand breeches pocket, and a guinea and half, and eleven shillings out of my right hand breeches pocket, and a silver watch out of my fob; and as soon as ever Mary Randall had got my property, she run down stairs, and I took my coat in my right hand, and ran after her; I pursued her to the sign of the Green man; I went into the house, and the landlord came and said, you dog, what do you want? I told him; says he, you dog, you do not look to be worth forty farthings, instead of forty pounds; and immediately he shoved me into the kennel; I have nothing more to say; I never saw any thing of the notes; but on Tuesday when Mary Butler , and Ann Clark were taken, I was at the King's Arms, opposite to Guildhall; and I said, I will take my oath to that handkerchief, there is a hole in it, and the man that took her, pointed out the handkerchief, and said, what, a new handkerchief, with a hole in it!

BENJAMIN ALLEN sworn.

I am a baker; on the 10th of last month, about half after ten at night, I heard a young man speak very low; I lodged in the two-pair of stairs forward, joining the room where the robbery was done, which was the two-pair of stairs backwards; I got out of bed and looked through the key hole of the wainscot, and I saw Mary Randall stripping the prosecutor; I heard him say, do not use me ill; then he got up, and there was some meat brought in on a plate; and I saw Mary Butler take hold of his hands, and put them behind him, and the tall one rifled his breeches pockets, and put the money and the papers together, to take care of for him; and then she rushed out of the room; and then the prosecutor took his coat, and made his way after her; and I heard him cry, murder and thieves; I heard nothing till next morning of what was lost; but the maid came up soon after, which was the prisoner Reading, and she swore by a heavy oath, that they would not have had any of the bit, if it had not been for her; she came up and locked the door, after the robbery was done.

How long have you lodged at this house? - About a month.

How long had the prisoners lodged there? - All that time, and a long time before, I believe; I lived in the same man's rents, but I did not think the house was so bad till I came to it; a poor man cannot always get a lodging when he will.

Prisoner Randall. How could he see through the crack of the door, and if he knew this man was going to be robbed, why did not he come in to his assistance? - I saw it through a hole I could put my thumb through; there are two holes; I should have got knocked on the head if I had gone in.

How long did you stay in the house after this supposed robbery? - I lodge in the house now; the women have not been seen there since.

JOHN BURGESTON sworn.

On the 14th of November I was in the 1 s. gallery at the Royalty Theatre; an information came to me that Mary Randall had robbed a young fellow of some money

and a watch; I went immediately to the left hand of the gallery, and there I saw Randall, and Ann Wilson , and Mary Reading ; I went and touched Ann Wilson on the shoulder, and asked her, if her name was not Poll Randall; she said no; that I knew her very well, and her name was not Poll Randall; I had seen Poll Randall before at the counter; I went out of the gallery, and went up again; and she had moved from the left-hand side to the right-hand side; the prisoner Reading got up and went out of the gallery; I touched Mary Randall , and she told me she would not go till the performance was over; I took them into custody; she was then carried before the magistrate, who committed her to the Tower Gaol; on the Friday following I carried them up to Hicks's-hall, and they were committed.

WILLIAM FORSYTH sworn.

I am Constable; on the 14th of November, Mary Butler and Ann Clark were brought before the Lord Mayor; when the Lord Mayor found the robbery had been committed in the county, he ordered then to be taken to a magistrate in the out-parts; then the prosecutor said, that is my handkerchief on Mary Butler 's neck; he said there was a little hole in it; I took them to Clerkenwell; and they were taken before a magistrate and committed.

Did you observe Butler do any thing with the handkerchief? - No; there was a person did, but I did not; it has been in my possession on ever since.

(The handkerchief produced and deposed to.)

Prosecutor. It was before I claimed the handkerchief she tore the hole in it; it was Samuel Samuels that pointed out the hole after I had mentioned it; says he, what, a new hole in a new handkerchief; my brothers William Clarke and Benjamin Clark were present.

Prisoner Butler. Please to ask the gentleman whether he was not in liquor when he first came into the house? - When the landlord threw me in the kennel, I was in liquor, but I was very sensible what I was about.

Where had you spent your time from the time you received this money to this time? - I received it between twelve and one as near as I can guess; I went round to every body I had any business with, to order in things for the shop; and, upon account of losing this money, I was obliged to disallow it.

Did you pay any money in the course of that time? - No; I did not.

WILLIAM CLARKE sworn.

I am brother to the prosecutor; I went with him, on the 10th of November, to the bank; he sold out half a hundred in the three per cent consols. Mr. Davis in Bishopgate-street was his broker; he gave him a cheque on a banker in Lombard-street for the money; Messrs. Stone and Co. were the bankers; I saw a person who received it, and who gave him a 20 l. and a 15 l. bank notes, at the King's heal, near Lombard-street.

PRISONER RANDALL's DEFENCE.

I have nothing to say; I was not at home at the time.

PRISONER BUTLER's DEFENCE.

He went along with another woman after he left me.

PRISONER CLARKE's DEFENCE.

I was sitting in this lower room, and this man came in and gave Mary Butler his handkerchief; he said he had no money; then there came in two strange women, and he took a liking to the tallest, and went up stairs with her; I do not know who they were; he came down stairs, and said he was robbed; and he said he would swear to the first he could catch.

Prosecutor. I did not say so.

Court to Prosecutor. Did you see Wilson there? - No.

Court. Then I shall not call on her for her defence.

Prisoner Randall. My witnesses are not come yet.

Prisoner Butler's witnesses called, but none answered.

MARY RANDALL , MARY BUTLER ,

GUILTY Of stealing the money and notes, but not violently .

Transported for seven years .

ANN CLARKE , ANN WILSON , MARY READING ,

NOT GUILTY .

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

Reference Number: t17871212-18

22. ANN AMIES was indicted for stealing, on the 7th of December , two silver tea spoons, value 4 s. a linen shift, value 4 s . the property of Robert Trotter .

The case opened by the counsel for the prosecution.

ELIZABETH TROTTER sworn.

I am wife of Robert Trotter of Norfolk-street, in the Strand; he is a Taylor ; I let lodgings to the prisoner's mistress, Mrs. Foster; I lost two silver spoons, and a shift of mine; they are here; the spoons were kept in a closet in the parlour; they used to be in the kitchen; the spoons are produced by the woman who bought them; I missed them after the prisoner went away from Mrs. Foster's service.

MARGERET JONES sworn.

The prisoner came to our house with an old lady that she had lodging with; her name is Duffey; and she asked me if I wanted two silver spoons; she said they were in pawn at Mr. Dixon's; they were pawned singly for eighteen pence a piece; I gave the old lady half a crown and sixpence to fetch them; and she went and brought them.

Did Mrs. Duffey pretend to have any interest in these spoons? - No; I had a child in my lap; and she said she would fetch them; the prisoner said she was very much distressed; I have seen her up and down our Court; but never knew any thing of her; the prisoner said they were her property; I asked her, three times over, if they were her own, and she said yes; she said she would take 4 s. for them; and I gave her a shilling more than the half-crown and the six-pence. (The spoons deposed to by the mark R. E. T.) I am very sure they are mine; these are the spoons I missed a day or two after she was gone.

Prisoner. I have nothing to say.

Court to Mrs. Trotter. Do you know what sort of character she bore? - I have heard Mrs. Forster say, she had a very good character with her.

GUILTY .

Transported for seven years .

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

Reference Number: t17871212-19

23 ELEANOR M'DONALD was indicted for feloniously stealing, on the 6th of November last, four linen sheets, value 10 s. the property of James Butterfield .

MARY PAGET sworn.

I am servant to Mr. James Butterfield , in Shire-lane; On the 6th of November he lost four sheets; the prisoner was my fellow-servant ; I had information, that the sheets were at a pawnbroker's; she was only four days in her service.

JOHN BOYD sworn.

I am servant to Mr. Gates, pawnbroker, the corner of Bedford-street; on the 6th of November the prisoner came to pawn these sheets, and she was drunk; I stopped her and the sheets. (The sheets deposed to by Mary Paget , to be the property of Mr.

James Butterfield .) These four sheets are my master's property; he bought them of Mr. Mitchel.

PRISONER's DEFENCE.

I do not know what to say.

GUILTY .

To be transported for seven years .

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

Reference Number: t17871212-20

24. WILLIAM PERRY was indicted for stealing, on the 16th of November last, two Cod fish, value 2 s. the property of Patrick Karney .

PATRICK KARNEY sworn.

I have a stall; and sell fish in Oxford-road; I lost cod fish at different times; on the 16th of November I lost two cod fish, the prisoner is the man that took them; I took them from him; I was a good distance from him, giving a gentleman change for a guinea; I saw the prisoner at the stall; the man went from the stall; and these three fish were gone; I pursued him, and asked him if he was on the other side of the way? no, says he; he gave me bad language; says I, I think you are the very man I saw taking the fish; two gentlemen came, and we laid hold of him, and found the two large fish in his breast; I could distinguish them to be my own property; I bought them the same day; not six minutes before I saw the man taking them.

Jury. Are you sure you saw him taking the fish from your stall? - Yes; he owned them himself at the Justice's.

PRISONER's DEFENCE.

I went into a publick house as I was coming from my work, and I stood by his fish stall; says he, you rascal, what are you doing? - Says I, no offence; he took me by the collar, and took me into a publick house; he let me go, then he followed me about ten yards; and caught hold of my collar, and said, if I did not give him the fish he would take me to the Justice; I had no property at all about me; nor I never took his fish.

Prosecutor. He owned at the Justice's that he took them; I gave a shilling a piece for them.

GUILTY .

Transported for seven years .

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

Reference Number: t17871212-21

25. WILLIAM MARTIN was indicted for stealing, on the 30th day of November last, thirty yards of long lawn, value 42 s. six linen handkerchiefs, value 10 s. seventeen yards of long lawn, value 25 s. three yards and a half of callico wrapper, value 5 s. a remnant of gingham, value 5 s. and a remnant of callico, value 5 s. the property of Hubert Hussey , John Witter and Jacob Wood , in the dwelling house of the said Hubert Hussey.

And BENJAMIN WILLIAMS was indicted for receiving part of the said goods, knowing them to be stolen .

HUBERT HUSSEY sworn.

I live in Cheapside; my partners names; are John Witter and Jacob Wood , but I keep the house; I lost the things mentioned in the indictment.

SAMUEL ALLEN sworn.

Mr. Garrow, Prisoner's Counsel. You call yourself Samuel Allen ? - That is my name.

Have you ever been bantized? - Yes.

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

What is the nature of an oath? - If I swear to a false oath, I swear my soul to the devil.

Court. How long have you been in this country? - About five years; I came from New York; I am servant to Mr. Culliford's; I remember bringing some shop goods to the prosecutor's, I carried a piece of cloth, I do not justly know what it was, I carried them, it was linen cloth, that was on the 30th of November; I found it on Mr. Longman's stairs.

Who is Mr. Longman? - A musical instrument maker in Cheapside; I go up some stairs to Mr. Culliford's shop; it is a shop where he finishes instruments of music; when I found it, I threw it into a packing case, and went up stairs, and acquainted the men; and in about three minutes afterwards, I carried it up stairs into the shop where the men was at work; they advised me to leave it till the next day, to hear if it was enquired for; it was not enquired for, so I took it down to Mr.

Hussey's, that is next door; I do not know how it came there.

Mr. Garrow. Messrs. Longman and Brodrip employ a great many men in their trade? - A great many.

Their house adjoins to Messrs. Hussey's and Witter's? - Yes; there is a church-yard at the back of both houses; there is a back court between his house and the warehouse; the court runs between the two front houses and the warehouses.

Is there any difficulty in getting from Mr. Longman's warehouse to Mr. Hussey's warehouse? - I cannot say about that, there is no back way to go, he might go down the trap door where they put the linen, if he liked to jump down.

Hubert Hussey . This servant brought in this piece of long lawn into my house.

Mr. Garrow. What paper is that? - It is an account of the quantity of goods.

That was the day after the transaction? - It might be thereabouts; it was made in order to be correct; I know the goods to be my property; the prisoner was out when this happened; he was my servant at that time; when he came back, I called in my neighbour Mr. Longman, as the goods were found on his stairs, I begged he would be there while I accused the prisoner of stealing the things.

Did you tell him it would be better for him or worse for him? - Nothing of that kind; I accused him of putting the long lawn in that situation; he at first deny'd it; I told him it was of no use to deny it, I knew it was a fact; he very suddenly confessed it, and Mr. Longman was by, he said he did take it, with intention for Mr. Longman's servant to take it away at night; that Mr. Longman's servant, Benjamin Williams , had agreed to take it away at night.

Court. That evidence will not do against Benjamin Williams .

Mr. Hussey. He confessed the taking another piece of long lawn, and carrying it to Benjamin Williams ; I told him I knew it was so, and that it was of no use for him to deny it.

That you repeated probably more than once? - I do not know that I did; he suddenly charged himself with the offence.

He had denied it before? - He did.

Mr. Garrow Then I submit to your Lordship, that is a threat.

Mr. Hussey. Mr. Longman also gives the same account.

How long had Martin lived with you? - I cannot justly say, about six months; he came to me very strongly recommended, and he was very much entrusted by me.

Mr. HUSSEY, jun. sworn.

I am son to Mr. Hussey, he sent me with the constables down to Benjamin Williams 's house, to see if there was any property in the house of ours; I went and found seventeen yards of long lawn, five small pieces of long lawn, three yards and an half of callico wrapper, and three handkerchiefs there. I brought them back. The prisoner Martin confessed he had taken them. We found at a washerwomans some more goods of ours: she is confined.

Mr. Garrow. This conversation with Martin was after what had passed between him and your father? - Yes.

JOHN POTTER sworn.

I live with Mr. Hussey; I went with Mr. Hussey's son to the washerwoman's, Elizabeth Justice , and found two pocket handkerchiefs.

Mr. Garrow. She is not here, she is committed for receiving.

Patter. And there we found two yards of gingham for a waistcoat, and about three yards and a half of callico; I shewed them to Martin, and he said he knew nothing of them; however, after some time, he confessed he had brought them there, and given them to the woman.

Was there any thing said to make him confess that? - No.

Was you present when he confessed? - Yes.

Was your master present? - No.

Was there any thing held out to him? - No.

Mr. Garrow. that was after the goods were brought by Allen? - It was after he confessed the former articles.

You knew very well at that time he had made a confession? - I certainly did.

Then it was a conclusion of the same transaction; it was an inquiry into more goods, the property of Mr. Hussey? - No doubt of it.

You say, that after some time he confessed; how was that some time employed? - It was after it was known in the family.

Was not it said, why you know you have confessed? - I do not recollect any thing of the kind.

Try and bring your recollection a little back; because these mens lives are at stake. - That time was employed by Mr. Hussey's son saying he knew them to be their property.

And adding to it, therefore it is no use your denying in it? - I did not hear him threaten him; he charged him with bringing the goods there, in a very pointed manner, several times, which he denied.

Did not you hear it would be as well to confess? - He was charged with it very pointedly, and after that he confessed it, I do not recollect conversation about his having confessed any thing else.

Court. Do you know whether any of these goods were kept in the warehouse in the yard? - I do not know, they might be kept there.

Prosecutor. They were kept in the fore warehouse, I know that of my own knowledge; these that the confessed made of the whole quantity.

Mr. Garrow. You have two houses, one at the other end of the town? - I have.

You deal very largely? - Yes; he confessed that he took it at two different times.

What is the prime-cost value of any one piece of those that was found? - More than I have charged, it is charged at forty-two shillings.

I ask you what any one thing, in the state in which it was found, was worth? - That piece of long lawn that was found on the stairs cost upwards of two guineas, I mean to say it cost me upwards of two guineas.

How long ago? - Sometime.

How long? - Several months.

It is a commodity that sometimes varies in its price? - It is worth a great deal more.

EDWARD JONES sworn.

I took the prisoner on Saturday evening, I went to Williams's, and took charge of several pieces of linen.

Court to Hussey. You have indicted this man on one charge with stealing goods, which in fact appear to have been stolen at several times; now the law does not suffer that; this ought to have been said in several counts, containing several charges; you cannot go upon all of them; which do you wish to proceed upon first? there was a piece of long lawn that was found on the stair case at Longman's, another piece, you say, was found at another time; you must go for one or the other; it is all laid as one charge, now it appears to be stolen at different times.

Mr. Garrow. Do you go for that second piece, it is charged at twenty-five shillings.

Court. It is so understood, that he goes for that. - I was with Mr. Potter; I found at Williams's several pieces of linen, I carried them to Mr. Hussey's house in Cheapside.

Court. There is no evidence against the accomplice but the confession of the prisoner.

ROBERT CAMPBELL sworn.

I live in Leicester-fields, I am upholsterer to his Majesty; I have known the prisoner Martin, he was my porter five months; he came to me in November, 1785, very strongly recommended; I found him deserving the best of characters; I trusted him in a room between my shop

and my house as a guard over all my property, he might have robbed me to a great amount; he was a very sober, decent man, and a man that kept the Sabbath extraordinary well.

Mr. - KINLEY sworn.

I knew the prisoner before he lived with me, which was two years ago; I was very sorry to part with him he was so good a servant; he went from me to Mr. Campbell's; I have known him three years an extraordinary good character; I never had a servant I trusted more than I did him; I was astonished to hear where he was.

- MARTIN sworn.

I live in Hog-lane; he is not related to me; he lived with me five or six months; I have known him three years; I trusted him as I had done others, and always found him honest and faithful; he slept in my warehouse, where he could have done me a great deal of injury; and I always found him honest and faithful.

- HECTOR sworn.

I have known him between three and four years as honest, and as good a lad as ever came within any man's doors, and all his character has been of the same sort; he has lived with me when he was out of place, and that was the time to be a thief.

Prosecutor. The 17 yards of long lawn is such as I lost; but there are no marks by which I can swear to positively.

WILLIAM MARTIN , GUILTY. 25 s.

Transported for seven years .

BENJAMIN WILLIAMS , NOT GUILTY .

Tried by the London Jury before Mr. Justice HEATH.

Reference Number: t17871212-22

26. JAMES WARD was indicted for burglariously and feloniously breaking, and entering the dwelling house of Arabella Druit , about the hour of seven in the night, on the 9th of December , and burglariously stealing therein, five linen handkerchiefs, value 2 s. ten muslin ditto, value 26 s. three lawn ditto, value 20 s. a muslin apron, value 2 s. a lawn ditto, value 2 s. six pair of linen sleeves, value 2 s. and various other things, valued 6 l. 10 s. seven silk gowns, value 6 l. a two guinea piece, value 2 l. 2 s. two crowns, and one half-crown , her property.

There being no evidence to affect the prisoner, he was ACQUITTED .

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

Reference Number: t17871212-23

27. CHARLES DRYER was indicted for stealing, on the 5th of December , one pair of cotton stockings, value 2 s. the property of Edward Jones .

The prisoner was taken immediately with the stockings.

GUILTY. 10 d.

Whipped .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17871212-24

28. JOHN M'CARTY and THOMAS HARTMAN were indicted for feloniously assaulting John Harman on the King's high-way, on the 9th of November last, and putting him in fear, and feloniously taking from his person, and against his will, one silver watch, value 30 s. a seal, value 2 d. and a metal key, value 1 d. his property.

The witnesses examined apart.

JOHN HARMAN sworn.

I was robbed the 9th of November last at the bottom of Queen-street; six men came down Queen-street and pushed at me, and one of them run against me, and drew my watch out of my pocket; it was a silver watch, with a steel chain, and two glass seals and a metal key; the prisoners were two of the men.

What time of night was it? - It was half after one in the middle of the day.

How long were they coming up to you and pushing you at the time they took your watch; how much time did it take up? - About a quarter of an hour.

Court. That is a long time; they might have done it in much less time I should think; will you venture to swear, that in the course of a quarter of an hour, when they were shoving you about, that you can swear to their persons so as to know them again? - Yes.

You will positively swear, that they are two of the six men? - Yes.

Did you observe which of the six it was that pulled your watch out of your pocket? - Yes; I caught hold of him; it was the prisoner M'Carty, the man in the blue jacket; the first time I caught hold of him I got the watch from him.

Was the other man with him? - Yes.

Did he appear to assist him at the time? - Yes.

What became of the other four? - I never found them.

Did you ever recover your watch again? - I saw it in the hand of the prisoner M'Carty, but I never got it again; the constable has it; his name is Jacob Freeman .

Mr. Garrow, prisoner's counsel. Master Harman, this was on Lord Mayor's day, and in Queen-street, near the Three Crowns? - Yes.

Of course there were a great many more idle people looking on besides you? - Yes.

And on such occasions every body was shoving here and there, and so on? - Yes.

It is a part of the fun of the day to push and shove, and throw dead cats, and make it as inconvenient as possible? - Yes.

Therefore, the shoving was the common shoving that happens on those occasions? - Yes.

And in the midst of the shoving you lost your watch? - Yes.

This probably was a new sight to you? - Yes.

Then you were looking more at the fine coach than at any thing else? - No.

At the fine barge perhaps? - No.

You had never seen them before in your life? - No.

And you saw a vast number of people in the mob that day? - Yes; several hundreds.

You could not swear of course to the great number of people you saw then? - No.

Jacob Freeman was there? - Yes.

You told my Lord he was a constable? - Yes.

In plain English he is, and has been, for several years past, a common thief-taker; when was it you and Freeman talked this matter over? - Last night in the Old Bailey.

So I thought; what was it that Freeman said to you last night in the Old Bailey? - He did not say any thing at all; he said I should be here to day.

And he told you to swear there had been a good deal of shoving about? - No; he did not.

When did Freeman tell you, that if you swore there was some shoving, that would get two forty's? - No such thing.

Do you know there is any reward? - No; I do not know there is any reward.

You never heard it? - I did hear it.

Who was it told you? - Several people.

Who are they? - Those that were with me in the publick house in Lombard-street.

And they told you, though you lost your watch, if there was no force and no shoving about, there would be no reward; but if there was, there would? - They did not say so.

What did they say? - They said, if you are sure of the men, I did say, I am sure of one of the men that took the watch from me; then they said, I should consider about it; and I should not swear any thing more than what was true; that was the thief-taker.

Who told you, you should have your share of two forty pounds? - My Lord!

I am sure you heard me distinct enough, now answer me; what do you say; do not you understand me? - No.

I want to know who it was that told you, that if you convicted these two men of a highway robbery, you should have your share of two forty pounds rewards? - There were a great number of people.

Pray Sir, did Freeman never tell you that in your life? - He said nothing yesterday only, he said I must come to-day here and I should get the trial.

That is, if you would be sure of the men, and if you would swear that they shoved you? - No.

Speak the honest truth; has not Freeman told you, if you swore that these men shoved you about, you would have the reward? - No; he never said any such thing to me, only to be here to-day.

Who gave your instructions for the clerk to prepare; your indictment lay in the office? - I do not know.

Upon your oath do not you know who it was? - No.

Recollect yourself, was it not Jacob Freeman who wrote down the instructions for the indictment? - Nobody.

Will you swear that nobody wrote down the instructions; look at these honest gentlemen, and give your answer? - I do not know any of these gentlemen; I do not know who was writing.

Did nobody, Sir, for that was what you swore just now; who wrote down the instructions? - I do not remember.

Did nobody write down the instructions; you know that these two men are indicted - They are imprisoned.

Who gave the instructions in the office close by here? - I was there yesterday.

Who went with you? - Jacob Freeman ; he gave some writing to the clerk in that little room.

Who wrote that writing? - I do not know who wrote it.

Where was it wrote? - It was in a public-house; I cannot write; Freman did not write it.

Did he direct somebody to write it? - I do not know, I cannot say.

Was you present when he gave directions? - No, I was not; Freeman had it in his hand, and he gave it in to the clerk.

You heard from somebody that if these two men were convicted of shoving, you should get share of eighty pounds reward? - Yes; there was no shoving after I called out stop thief; I did not see Freeman till after he had taken the men, nor till ten days after; Freeman and me have not been a good deal together lately.

JACOB FREEMAN sworn.

What have you in your hand? - A watch which was picked off the ground, the bottom of Queen-street, on Lord Mayor's day last; I saw it picked up, a labouring man picked it up, that was standing close by; I do not know his name, he did not mention his name at the time; but some how or other his directions were lost.

Has that watch been in your possession ever since? - Yes, it is in the same state it was when I received it.

(The watch shewn to the prosecutor and deposed to.)

Prosecutor. I know it by the seals; there is no particular mark on the watch itself; there is a blue glass in one, and a green glass in the other; on the blue seal there are three lions, and on the other side there is a man; and on the other, there is a freemason's seal; I lost that day such a watch, and such a chain, and such seals; I swear they are the same that was taken out of my pocket.

When the prisoner M'Carty, according to your account, had taken the watch out of your pocket, what became of it? - He took it out, and I saw it hang in his hand; he gave the watch through his right hand, to

the prisoner Hartman; afterwards it was found on the ground.

How soon afterwards was it taken up? - It was found directly; I do not know who it was that found it.

From whom did you receive it, Mr. Freeman? - Freeman. As I had hold of the prisoner Hartman, I heard the watch drop; I could not stoop myself, therefore another hand picked it up; the prosecutor had the other fast, and the prisoner Hartman's hand was clinched; the moment Roberts laid hold of him on one side, I laid hold of him on the other; at that moment the watch dropped and the glass broke; I did not see M'Carty; I know nothing of him.

Mr. Garrow. Roberts is another thief-taker? - I do not know what he is; I am a constable.

He belongs to the insurance office in the city? - He certainly is a thief-taker, because he took the prisoner.

Which of the shops do you belong to? - I am constable to his Grace the Duke of Bedford; I belong to the public office in Bloomsbury.

Then you are the common runner of an office? - Yes, Sir, I am a constable.

How long have you been a runner belonging to that office? - Two years and a half.

I take it for granted, you have had no conversation with the prosecutor, Mr. Harman, about any reward? - No.

This man is not forthcoming that picked up the watch? - No.

Do you know whether any body gave any instructions for this indictment? - I gave the instructions; we were all together; I gave the instructions to the clerk, and he took it.

In writing? - In writing.

Who wrote it? - I believe Roberts wrote it; I am not sure whether I wrote it myself.

For a highway robbery? - No doubt of it.

I dare say, as you are only a late constable, since May last, you know nothing about rewards? - Yes, I do very well; I know this, that in case the men are convicted, the county certainly are to pay that sum.

And you are to have your share of that sum? - Most undoubtedly; I know no other way of doing it but as a capital offence.

That you swear? - Yes, I do swear so.

How often have you attended here? - I have attended here, I suppose these four or five years.

Upon your oath, do not you know, if these men are only convicted of stealing without force, it would not be capital, and there will be no reward? - I saw the force, I told my Lord Mayor so, and I put my hand up to my breast at the time; that I have sworn to-day is the same; if the men were to be acquitted of the force, there would be no reward; but I saw the force committed: I do not come here to talk about the reward, I come here to speak the truth of the robbery; I know this, that if I indict a person, I should indict him the right way.

I desire an answer to my question; do not you know that, if these men were not indicted for a highway robbery, there would be no reward? - No, to be sure there would not.

If they were indicted for a simple larceny there would not? - No, not for ten-pence.

Ten-pence! what do you mean by ten-pence? - Did not you say simple larceny.

I did not say perit larceny; now Mr. Freeman, if he was indicted for privately stealing, there would be no reward? - I saw the robbery committed.

- ROBERTS sworn.

On the 9th of November I was going down to the bottom of Queen-street; there was a mob of people assembled together, and I saw the prosecutor and the prisoner contending with each other; I asked what was the matter; and the prosecutor immediately, said, he had lost his watch; I immediately pulled Hartman out of the crowd; Freeman came and assisted; and we took him up to a public-house; the prosecutor

followed us, and said it was his watch; I did not see the watch taken up; I did not see the other prisoner there; he was taken before the Lord Mayor, and the prosecutor swore positively to him; he said he was not the man who took the watch out of his pocket; but it was another man shorter than him; and he should know the man if he saw him; and that the man who took it, gave it to Hartman, and that Hartman dropped it as soon as he saw me; this was said in the public-house.

Court. These men seem to be pretty much of the same size; now, did you see the other man in company with Hartman at this time? - No, I did not; when I saw Hartman, I knew him for some time; I did not look for any body else; I am a person employed by the proprietors of the General Insurance Office, in Cornhill.

Court. Was there a great croud? - A great many people there; the first that I observed, that I knew, was Hartman.

Mr. Garrow. Mr. Roberts, Which of the fire offices do you belong to? - Neither.

Which office was it that you was talking of? - The General Insurance Office; it is made pretty public now, No. 102, Bank-buildings.

What are you talking of; do you mean that that is advertised? - Mr. Weller is the proprietor of it, I believe.

What is your department in that office; treasurer or paymaster? - No, Sir, to apprehend people that commit robberies.

In plain English, a thief-taker. I suppose the best part of your emolument is the reward? - No, I have a weekly salary; I have heard of the reward as well as other thief-takers; I was employed at Bow-street four or five years ago; I have not been in that capacity for these two years past.

Perhaps, if you turn your eyes round, you may see some people that knew you at Bow-street: how happened you to quit Bow-street? - I believe it was about a mob or riot that happened at the handsome milliner's in Coventry-street; there was another person of the name of Roberts, and I were there at the same time.

So you was dismissed? - Yes.

Which of you wrote the instructions for the bill of indictment? - One Threadway wrote them: I have never talked of the reward to any body.

Have you ever had any conversation with Freeman about the reward? - No, not respecting the reward; but we have been speaking about whether they would be convicted.

Will you swear you never talked to Freeman about the reward? - Yes I do mean to say that never a word but about the apprehending the men; I told the prosecutor no more than I tell the court.

Have you never had any talk with him about 80 l.? - I do not know that I have; I never said any thing about what he was to say; I told him that if in case he applied to the Court for his expences, I dared say they would allow it him; I never told him of 80 l. I will swear I never talked to Freeman about the reward; I have told him there are rewards paid.

What reward did you tell him? - I told hiw in case a man was convicted of a highway robbery, there would be a reward of 40 l.

When did you say that? - I cannot say, I might have told him such a thing, but not about these two men, but I will not swear positively; I might.

PRISONER M'CARTY's DEFENCE.

I was not at the place; I had no shoes on that day.

PRISONER HARTMAN's DEFENCE.

I had no work, and I went to see the shew, and a parcel of men shoved me against this man.

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

BOTH GUILTY Of stealing but not violenty .

To be transported for seven years .

Tried by the London Jury, before Mr. Baron PERRYN .

Reference Number: t17871212-25

29. EDWARD CROUCH was indicted for feloniously stealing, on the 26th day of November last, one cloth great coat, value 30 s. one black silk cloak, value 6 s. one metal watch, value 2 l. one silk string, value 1 d. two cornelian stone seals, set in base metal, value 4 s. one base metal key, value 2 d. the property of John Rooke in his dwelling house .

(The case opened by Mr. Peatt.)

The prisoner was taken with the property upon him.

GUILTY, 39 s.

Transported for seven years .

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

Reference Number: t17871212-26

30. MARY ARNOLD was indicted for stealing, on the 28th day of October last, two guineas and one shilling , the property of John Dugard .

The prisoner took hold of the prosecutor in Long Acre, and he instantly missed his money, part of which was found upon her. The prosecutor swore positively to the prisoner.

GUILTY .

Transported for seven years .

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

Reference Number: t17871212-27

31. HANNAH PEELING was indicted for stealing, on the 13th of November last, a silver watch, value 3 l. a steel chain, value 1 s. a silver seal, value 5 s. the property of Duncan Ross .

The prisoner stopped the prosecutor in the street, and asked him to go with her, which he refused; she then pulled his watch out of his pocket, and ran into a house; he pursued her, and she called down five women and one man to her assistance, who swore they would take his life.

GUILTY .

Transported for seven years .

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

Reference Number: t17871212-28

32. JAMES CLEARPOLE was indicted for stealing, on the 28th of October last, one silver watch, value 31 s. one steel chain, value 6 d. one steel swivel seal, value 2 d. one key, value 1 d. one book, value 1 d. the property of James Kyme , privily from his person .

NOT GUILTY .

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

Reference Number: t17871212-29

33. SAMUEL JONES and WILLIAM ALSOP were indicted for stealing, on the 28th of November last, eighty pounds weight of metal types for printing, value 4 l. the property of Thomas Harrison and Samuel Brooke .

The prisoners were taken with the property on their shoulders. Alsop said he found them, and the other helped him to carry them. Alsop had a coat on, which belonged to one of the prosecutor's men, and was left in the printing-office that night.

BOTH GUILTY .

Each transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17871212-30

34. WILLIAM MARTIN was indicted for stealing one diamond set in iron, value 3 s. the property of Thomas M'Cleland .

GUILTY .

Privately whipped .

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

Reference Number: t17871212-31

35. THOMAS DISTAN was indicted for stealing, on the 27th of October , 11 silver ferrils for knife handles, value 3 s. the property of Richard Gould .

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17871212-32

36. WILLIAM TUCKWOOD was indicted for stealing, on the 27th day of October last, 12 lb. weight of moist sugar, value 5 s. the property of Richard Taylor and others.

The prisoner was taken with the sugar.

GUILTY .

Whipped .

Tried by the London Jury before Mr. Justice HEATH.

Reference Number: t17871212-33

37. GEORGE CASH was indicted for feloniously stealing, on the 31st day of October last, one piece of woollen cloth, containing 30 yards, value 5 l. the property of Peter Matthews .

PETER MATTHEWS sworn.

I live in Whitecross-street, I am a dyer ; I lost a piece of woollen cloth on the 31st day of October; it was lost out of my cart.

JOHN BATEMAN sworn.

I am apprentice to the prosecutor; I was in Gracechurch-street , delivering some goods out of the cart, facing Mr. Anderson's house; David Richardson , my fellow-servant, called to me and told me a man had taken a piece of cloth out of the cart; I followed him and took him; he had nothing upon him; have never found it again; I examined the cart, and found a piece of cloth, about 30 yards in length, was missing.

DAVID RICHARDSON sworn.

I am servant to Mr. Matthews; my fellow-servant and I were with the cart; I gave five pieces to Bateman to carry to Mr. Anderson's; I then had three pieces left in the cart, and set myself down in the cart, and saw the prisoner take one piece away.

Did you see the man come up to the cart? - I did not; he made a second attempt, I clapped my hand upon it, and then he saw me and slipped under the horse's head.

Did you see what he did with the piece? - No, I did not, nor did I see anybody near him.

Now you saw the man come again; what did he do? - He came round by the horse's head upon the pavement, and I challenged him; he said he had never touched a piece, and walked away; I called my fellow servant, who pursued him and took him.

Mr. Sheridan, prisoner's counsel. Was it a covered cart or an open cart? - It was an open cart.

Was you watching the pieces in the cart? - I was: when he attempted to take the second piece, I called to my fellow-servant.

Did you lose sight of him? - I did not.

Court to Mr. Matthews. Did you see the cart that day? - I did.

Do you know whether any cloth was lost that day? - There was one piece lost.

Was the cart book at home that day? -

It was; when I looked it over, there was one piece lost, which appeared by the book, it was all signed by the parties who received the goods, except the piece that was lost.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17871212-34

38. JOHN DURHAM and EDWARD CROWTHER were indicted for burglariously and feloniously breaking and entering the dwelling-house of John Fairlamb , about the hour of ten in the night, on the 6th day of November last, and burglariously stealing therein one pair of silver candlesticks, value 5 l. twelve table knives and forks, value 12 s. twelve desert knives and forks, value 12 s. two waistcoats, value 10 s. two pair of nankeen breeches, value 20 s. a silver scissars-sheath, value 2 s. one pair of cotton drawers, value 1 s. two cotton gowns, value 20 s. a silver thimble, value 1 s. his property; a black cloak, value 10 s. the property of Hannah Marlow .

JOHN FAIRLAMB sworn.

I live in New Palace-yard, Westminster ; on the 6th of November, between nine and ten o'clock, my maid gave the alarm that the house had been robbed, and all her cloths taken away; I went up stairs, the garret window was open; upon her bed I saw a knife-case; the knives and forks were taken away; there were twelve knives and forks, and the same number of desert knives and forks, and all the things mentioned in the indictment; I saw two waistcoats. two pair of nankeen breeches, and one pair of cotton drawers at Sir Sampson Wright's; I know no more; I am a captain in the artillery.

HANNAH MARLOW sworn.

I am servant to Mr. Fairlamb; on the 6th of November I went up stairs a little after nine; I missed a pair of silver candlesticks off the bureau; they were in the second floor; I lighted the fire, and I heard a noise up stairs; I went up stairs into the garret, and found the window open; I thought the noise arose from the window, but saw the knife-case upon the bed, and I came down and alarmed my master and mistress: the knives and forks were gone.

What things of your own did you miss? - Every thing mentioned in the indictment; I saw them at Sir Sampson Wright's.

FRANCIS FLEMING sworn.

I am a pawnbroker, and have been for ten years.

Mr. Garrow. How many people are now accused by you at this time? -

Mr. Garrow. My Lord, in an objection to the admission of the evidence of Fleming, I will take the liberty of observing that the law, in guarding the innocent, takes care that no man shall be put in peril on the testimony of a suspicious witness, though he may describe all the circumstances that belong to a robbery, he shall not be permitted to say A. B. or C. are partners in his guilt: what is the case of this man? I have not a record of his conviction; and it is only out of his own mouth that I can affect him by incompetency. Then what is the question I ask him - From how many persons now accused by you (confining it to a part, which he himself, by his own confession before a magistrate, has acknowledged); I ask him, from how many persons now accused by you, and against whom you are now received as a witness, have you been in the habit of receiving stolen goods? He has the indemnity of the magistrate, having admitted him as a witness, and he cannot now be prosecuted. My Lord, you have no testimony yet to confirm this man. I admit it is proved that there has been a robbery committed,

but further you know not; there is not one single circumstance in the evidence that confirms this man, or that at all lets him in; he comes here as an accomplice, and upon what sort of (permit me to ask) tenure? Would any of the best men among us hold our lives, our liberties, or our properties, if such men as Mr. Fleming were to be received as witnesses against us, unconfirmed by more respectable testimony? My Lord, the law has been frequently laid down in the most luminous manner by your lordship; and also by other Judges, that such a witness should not be received against any man. My Lord, he is sent here, he does not come here; your Lordship will not now set a precedent for the first time; I therefore humbly hope, that Mr. Fleming, in the present case, however he may be received in others, in which he may have the good fortune to be confirmed, will be sent away, and his testimony rejected. I humbly hope your lordship will say, we run no risk in this case, in trusting to the baseness, the infamy, the falsity, or malicious testimony, of a man who confesses himself unworthy to live in society.

Court. My Lord Chief Baron Eyre makes it his common practice to receive the evidence of an accomplice, in the first instance; other Judges differ from him, and expect there should be ground laid before the evidence of the accomplice is received. I have always followed that mode; but this man does not appear to me in the light of an accomplice. If you examine him on the Voire Dire, you have nothing to do, but to ask him, if he is interested in the matter in question; if he appears to be interested, it is the custom to reject his testimony.

Mr. Garrow. I do not make him out an accomplice; my objection goes for nothing.

Court. But even with respect to that objection, this matter was referred to all the Judges; on the very first day of this term, Mr. Justice Buller tried a person for a felony, and he was convicted on the evidence of the accomplice only; he referred the case to the twelve Judges; and the ten Judges that were present were unanimously of opinion, that it only went to his credit, and not to his competency; and that he might be received.

Mr. Garrow. Undoubtedly it is in your Lordship's discretion, and it is to me perfectly indifferent, as sure I am no honest man will trust to such a witness.

Jury. By all means, let it come forwards.

FRANCIS FLEMING sworn.

I know the two prisoners; I have known them for many years; I am a pawnbroker.

Have they been in the habit of pledging goods with you? - No.

Was you ever in possession of any property that came through their hands? - Yes.

Now mention any particulars that are in this indictment only? - I will tell you, I believe it was about eight or nine weeks ago, the two prisoners at the bar, in company with one John Cuthbert , who is not in custody, came to my house, between eight and nine in the evening; they brought me a pair of silver candlesticks; I believe there were three letters and a cypher; however, I know there were two or three, and twenty-four green handled knives and forks, with silver or plated caps and ferrils; there were two waistcoats, two pair of nankeen breeches, and one pair of cotton drawers, two cotton gowns, one black cloak, a silver scissar's sheath, a wrought-work silver thimble, and an open worked toothpick-case that was made of silver wire; among these things there was some French wax beads in a small box, such as the ladies have to put trinkets in; there were several other odd trifling things that I took no account of; some I threw away, and the box I broke; they brought them to me to sell, and I purchased them; I believe the two cotton gowns, the black cloak, and the two waistcoats, the two pair of nankeen

breeches, and one pair of cotton drawers, the silver scissar's sheath, a silver toothpick-case and a silver thimble; those things which I mentioned last, I believe will be produced by the officers in Bow-street; some part of them I delivered up; the silver candlesticks, together with the knives and forks, I sold to one Jacobs, a Jew, for six pounds ten shillings; the silver sheath and the silver thimble I gave to one Mr. Keep; the toothpick-case I gave to his daughter; and the remainder of the other things, except what I told you I threw away, will be produced; I threw away the wax beads; I bought all these particulars of the two prisoners and Cuthbert; the officer Townshend has, in his possession, one part, and Macmanus the other part; I am admitted an evidence by Sir Sampson Wright; and perhaps I may be asked very unfair questions with respect to this prosecution, as well as the others; I shall submit myself to your Lordship, that you will not permit me to answer them.

Court. You most certainly are not to answer any question that will tend to accuse yourself.

PATRICK MACMANUS sworn.

I know nothing but only receiving the things from the person that Mr. Fleming directed me to.

JOHN TOWNSEND sworn.

I received two gowns and one cloak at Fleming's mother's; he went with us in a coach to his mother's, there he gave us all these things, with two pair of nankeen breeches which I had at Vandenberg's, which is in Fleet Market; and two waistcoats at the same house, from a person of the name of Keep; this cloak, and the remaining part of the things, I had from Fleming's mother; here is a dressing gown I had of Fleming's mother; I produce no articles of the plate, Jacobs is without, he has got some part of them.

Mr. Garrow. Is Fleming's mother here? - No; I believe not.

Is not Jacobs, the man you speak of, the Walking-Fence? - Why, I do not know, on my oath, that that was the name he goes by.

Is not he a common receiver of stolen goods? - Upon my word, I cannot say; I had the scissar's case from Keep; Keep is not here.

Court. He cannot accuse, by this side wind, the character of witnesses.

Prosecutor. The waistcoat is mine; H. G. is upon it.

Mr. Garrow. Then you do not know it much? - I have seen it often; it is my daughter's, Hariet Gosnell; I believe this scissar's case to be her's; and this dressing gown belongs to Miss Maria; I believe these nankeen-breeches to be mine; they have no particular mark; but I know the waistcoat particularly; I swear positively to the waistcoat being mine.

Court. Did you lose any waistcoats that night, of that sort, out of your house? - I did.

With the several other articles that you have already sworn to? - Yes.

Are these things that are now produced of the same species with those garments that you lost? - They are.

Townsend. Here is a gown and a cloak that belongs to the servant; I had them from Fleming's mother.

HANNAH MARLOW sworn.

This is my property; I have a piece to shew; there is no particular mark on the cloak, but I can swear it is my cloak; I lost a cloak and two gowns that night.

Mr. Peatt. You was directed by Fleming to get these things? - Yes; he had been before the magistrate, but he never said a word about these things then; he went with us, and broke open his mother's two doors; we could not get a key; she was not at home, and there he shewed us all this property, and a variety of others.

Macmanus. I produce a toothpick-case and a silver thimble from Vanderberg; Fleming said he had such things; I went

and asked for them, and they delivered them immediately.

Prosecutor. I believe these to be mine; but I cannot be positive; I know there were such things lost.

(Fleming ordered out of Court during Jacobs's Examination.)

- JACOBS sworn.

The candlesticks are sold; I was in possession of them; here are the knives and forks; there are a dozen of table, and a dozen of desert; I bought them of Francis Fleming , the pawnbroker; I gave him six pound ten shillings for them. (Shewn to the prosecutor.) I believe them to be mine; there is no private mark; I lost such articles that night; I have had them two or three years; they had not been used above two or three times.

Mr. Garrow. What may you be master Jacobs? - I have been brought up, since I have been fourteen years old, in buying of the pawnbrokers unredeemed goods; I bought them as such.

Do you mean to swear that? - Yes.

Upon your oath then they were represented to you by Fleming, the pawnbroker, as unredeemed goods? - Yes, they were; he did not tell me so; he told me he had a pair of candlesticks and some knives and forks; I bought them from a pawnbroker.

Is that true, that you bought them as unredeemed pledges? - To my knowledge I did.

Were they so represented to you by Fleming as unredeemed pledges? - Yes; by Fleming.

That you swear? - I do not swear.

Were they represented to you by Fleming as unredeemed pledges? - Yes; I bought them as unredeemed goods.

How long have you dealt with Mr. Fleming? - Never but this once; and I bought two watches before of him, that is all the dealings I have had with him since he has been in the shop for himself.

Have you ever dealt with him except for the articles you have mentioned to-night? - I dealt with him in his master's shop; once for a lot of jewellery; his master was Mr. Wright, in the Armory; them are the three occasions, and the only ones, that I ever dealt with him in my life; nobody christened the watches for me; I never had any christened; they did not go to Holland; the candlesticks I sold to one Mr. Davis, with some watches, who took them to Holland.

The reason was, because you knew them to be stolen, and was afraid to sell them in England? - I exposed these goods to the whole trade; the watches are here in London; I sold them to Mr. Dobree; they were not christened to my knowledge.

How came you not to sell these candlesticks? - They were all broke; some holes in the bottom.

Was the copper beat out? - No; I sold them for old silver; not to go to Holland; the man went to Holland.

How soon did you sell them to Mr. Davis; after you bought them of Fleming? - A fortnight after.

Will you swear that? - Yes.

Where did you keep them? - In my house in Adam's Court, Duke's Place.

Did you keep them till there was a complaint that there had been a robbery at Captain Fairlamb 's? - Yes; but I did not know that Captain Fairlamb was robbed of them.

Did you sell them till Fleming was in custody at Bow-street? - Yes; I sold them a week before; Fleming did not tell me he was about to be in custody.

And what day of the month did you sell them? - I believe it was the 2d of December; I bought them the 22d of November, on Thursday; I never kept any melting pot.

(Fleming called in.)

Mr. Garrow. You have told us you are a pawnbroker? - I am.

And an accomplice, as far as a man can be an accomplice, who has received stolen goods? -

Court. That is not a question that he ought to answer.

Mr. Garrow. My Lord, I am not asking him about any other act of receiving stolen goods, than that which is relevant to this indictment; I have the examination here, that in 28 different felonies he is a common receiver; I do say, that the Jury should know what sort of man he is, because at present there is no evidence but his to affect these prisoners.

Court. Whether he is an accomplice or not, has not appeared in evidence to me; you say he is; the Crown is not bound by any act of a Justice of peace; wherever a witness has come on the credit of the Justice, the general practice has been not to call on that party to be prosecutor; but in the case that I mentioned, though he was an accomplice, he was judged to be a competent witness to be examined; and after his examination, his credit to be left to the Jury.

Mr. Garrow. My Lord, I agree, that it is to the credit of this witness that I am to be permitted to examine him; but how can it be left to the Jury to say, upon their oaths, and to refer it to their consciences, whether a man is a fit man to be received as a witness, unless they have the premises before them; I do not ask him to accuse himself.

Mr. Garrow to Fleming. You said you stood in circumstances differing from most other witnesses, and hoped that his lordship would protect you from accusing yourself, being an accomplice? - I did not say I was an accomplice; I said I had been admitted as an evidence, on account of having received these articles which were produced.

How many persons are now in custody on information from you? - Only these two men and another, on this indictment.

How many are there? - There may be ten or eleven.

Do not you know, that on this very indictment there are five persons; that there is Cuthbert, that there is Keep and Vanderberg? - No, I do not know that their lives depend on it.

But you have charged two of them as receivers; how many persons have been accused by you of different crimes during the last month, to all of which you have been privy? - It is impossible for me to enumerate them all; I know of eleven in custody.

And how many out upon bail? - Two, Sir.

No more, Sir? - I do not know of any more.

How many have been accused by you? - There are eleven in custody; I do not come forward for the sake of the reward.

How many persons have been accused by you of different crimes during the last month? - More than eleven; but I cannot recollect how many in number more.

How many of those have been accused by you of capital offences, affecting their life? - Most likely all.

How many felonies have you given information of, in the course of the last month, in different parts of the town, which you have been privy to, and shared the plunder? - I apprehend they are all felonies, there are so many persons, you see.

How many felonies? - I have disclosed a great number more felonies.

Do you believe there are fewer than thirty? - I do not know rightly.

How long have you been in this course of trade? - It might be about five or six months ago; it appears that these goods have been stolen, and that I have received them.

Did not you know these things were stolen? - I can bring people to prove the propriety of my conduct, before I went into business; these men being in possession of these sort of goods, I could not suppose they came by them honestly.

Then, Sir, you knew that they were stolen? - Sir, I cannot say that I did not; I think, Mr. Garrow, you as well as the rest of the public, ought to be very much obliged to me for bringing those people forward.

Do not you know that Sir Sampson Wright has expressed his misery, that he

could not convict you, and execute you at Newgate? - No, Sir, I do not think he could.

PRISONER DURHAM's DEFENCE.

I know nothing of the robbery of any kind.

PRISONER CROWTHER's DEFENCE.

I know no further of Fleming than having pawned my clothes with him, which he has in custody now.

Mr. Garrow. I call no witnesses.

Court to Jury. Gentlemen, this case depends entirely on the credit of Fleming.

The Jury withdrew, and returned with a verdict

JOHN DURHAM, EDW. CROWTHER,

GUILTY , Death .

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

Mr. Garrow moved in arrest of judgment.

Mr. Recorder. The point was left by the learned Judge to the Jury; that the whole of this depends on the credit to be given to the witness Fleming; and no judgment in the course of this business, can be passed on these prisoners, before I shall have an opportunity of learning the opinion of the learned Judge; the sentence of the law will, of course, be pronounced on these prisoners, at the end of the sessions; unless the Judge who tried them, should desire it to be respited.

N. B. These two prisoners received judgment of death at the end of the sessions.

Reference Number: t17871212-35

39. THOMAS CURTIS was indicted for feloniously stealing, on the 16th day of November last, one brass butt hinge; value 1 s. the property of his Royal Highness George Augustus Frederick Prince of Wales .

(The case opened by Mr. Sylvester.)

ROBERT SALMON sworn.

I am clerk and assistant labourer in trust of the lead and iron, &c. belonging to his Royal Highness the Prince of Wales, at Carleton-house; on the 16th of November, as I was going up the Hay-market, about twelve at noon, with Goodall, I saw the prisoner have something in his pocket, and I desired Goodall to follow him, as I perceived the prisoner saw me.

THOMAS GOODALL sworn.

I am a carpenter; I was desired by Mr. Salmon to follow the prisoner, which I did; and I saw him go into an old iron shop, and I saw him hold a brass butt hinge in his hand; I know the hinge, because I pulled it off the place; it belonged to a water-closet; there is no mark on it.

How did he hold it? - As any other person might do, over the counter.

Describe the hinge? - I cannot.

Is the hinge here? - No.

NOT GUILTY .

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

Reference Number: t17871212-36

40. JOHN PENTON was indicted for stealing, on the 3d day of November last, a butt rope and iron chain, value 20 s. the property of Messrs. Robert Bullock and Henry Bullock .

GEORGE PERKINS sworn.

I was sent of an errand to New-street, by Mr. Bell, on the 3d of November, between six and seven o'clock at night; I met the prisoner with the rope and chain; as soon as he saw me he dropped the rope and chain, and ran away; I pursued him and took him, and the rope and chain in New-street; and it appeared to be my master's rope and chain.

How did you know it? - I knew it by

the chain; it has had a ring put to it since the chain was made.

WILLIAM WHITEHEAD sworn.

(Deposed to the chain.)

- BOX sworn.

I have had the rope and chain in my possession ever since.

PRISONER's DEFENCE.

I saw the rope lay on the ground, and I picked it up; I did not know the use of it.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17871212-37

41. WILLIAM EVANS was indicted for stealing, on the 7th day of December , two pair of nankeen breeches, value 5 s. a shirt, value 2 s, and a pair of stockings, value 1 s. the property of Elizabeth Clarke , widow .

ELIZABETH CLARKE sworn.

I am a widow, I keep a clothes shop ; I lost the things mentioned in the indictment; last Friday week; I sold them to the prisoner, and sent them home by my niece, Ann Case , who was to bring the money.

ANN CASE sworn.

I am niece to Mrs. Clarke; last Friday was a week, she gave me several things to carry home to the prisoner's; I took them with the man till we got to a public-house; my aunt lives in Nightingale-lane, and keeps a clothes shop; I do not know where the public-house was; I was to go to his aunt's, as he said, but he took me to a public-house; he took the things away from me in the passage of the public-house; I never saw him afterwards, but he did not pay for them; he took them from me without my consent; as soon as he snatched them out of my hand, he went through the house; my aunt told me not to deliver the things without the money.

Jury. What did you go with him to the public-house for? - He told me that was his aunt's.

Court. This public-house is a thoroughfare? - Yes; I went into the public-house, and told them the affair, and they took my aunt's name down, and place of abode.

PRISONER's DEFENCE.

I was at the prosecutor's house, and went with a young woman, but my mother lived next door, and I had no doubt but my mother would pay for them.

To Ann Case . Did you deliver these goods to the man or not? - No, I did not; he snatched them from me.

Mrs. Clarke. I gave her charge not to deliver the things without the money; he came back again after these goods had been snatched away, and said the shirt would not do, he must have a better shirt.

Was your niece returned then? - No, she came back in half an hour after; when he came back, I asked him if the other things would do; he said every thing would do besides the shirt.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17871212-38

42. MARY CHAPLIN was indicted for stealing, on the 20th of August last, a cotton sheet, value 3 s. a table cloth, value 5 s. four frocks, value 8 s. two shirts, value 2 s. a muslin handkerchief, value 1 s. the property of Thomas Platt .

And MARY, wife of THOMAS KENT , was indicted for feloniously receiving a sheet, table-cloth, a frock and

an handkerchief; part of the said goods, knowing them to be stolen .

The prisoner Chaplin confessed taking the things, some of which the prisoner Kent pawned at her request.

MARY CHAPLIN , GUILTY.

Recommended by the prosecutor.

Transported for seven years .

MARY KENT , NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17871212-39

43. MATTHEW WALTON was indicted for stealing, on the 19th of November , a pair of worsted stockings, value 4 s. the property of James Brooking .

The prisoner came into the prosecutor's shop, and took a pair of stockings off a line; he was immediately pursued and taken.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury, before Mr. RECORDER.

Reference Number: t17871212-40

44. THOMAS SMITH and ELIZABETH BROBSON were indicted for stealing, on the 5th day of December , a silver watch, value 40 s. a cloth coat, value 10 s. a serge jacket, value 6 d. a pair of canvas trowsers, value 2 s. a pair of worstead stockings, value 2 s. the property of Matthew Forester .

The property was taken from on board ship, while the prosecutor was in sleep; the next morning he found them in Rosemary-lane, on the woman prisoner, and she took him to a house where the prisoner Smith was sitting by the fire, of whom she said she bought them; and the officer found the prosecutor's breeches and watch upon him. The officer Whiteway confirmed the above, and said the woman dealt in Rag-fair.

Prisoner Smith. I do not know the prosecutor from Adam.

THOMAS SMITH , GUILTY .

Transported for seven years.

ELIZABETH BROBSON , NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17871212-41

45. JOHN ROBERTS was indicted for stealing, on the 13th day of December , two pair of leather shoes, value 4 s. the property of Thomas Thorne .

The prisoner was taken with the shoes upon him.

PRISONER's DEFENCE.

I found the things.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17871212-42

46. WILLIAM SCREW was indicted for stealing, on the 30th of November last, one wooden butt, bound with iron hoops, value 20 s. the property of William Trueman Read, and James Grant .

The prisoner was seen rolling the butt along Howland-street, into a mason's yard, and knocking off the hoops.

GUILTY .

Whipped , and imprisoned six months .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17871212-43

47. ALEXANDER FORBES was indicted for stealing, on the 15th of December , one pillow case, value 10 d. and a black stuff gown, value 2 d. the property of Francis Doubleday .

The prisoner came into the prosecutor's, the George, in the Highgate Road, for some purl, and stole the things; he was taken directly after in Kentish-town, with the property.

GUILTY, 10 d.

Whipped .

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

Reference Number: t17871212-44

48. JOHN SPENCER , was indicted for stealing, on the 1st day of December , one canvas bag, value 3 d. and 117 lb. weight of iron nails, value 20 s. the property of George Saunders , and Edward Grey Saunders .

The prisoner was taken at his lodgings with the nails, having been previously seen carrying them from the prosecutor's shop.

GUILTY .

Transported for seven years .

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

Reference Number: t17871212-45

49. THOMAS WHITE was indicted for burglariously and feloniously breaking and entering the dwelling house of William Holman , about the hour of two in the night, on the 29th of November last, and burglariously stealing therein, a camblet gown, value 2 s. a silk petticoat, value 1 s. one flannel petticoat, value 1 s. two cloaks, value 3 s. a woollen jacket, value 6 d. a sixpence and a halfpenny , his property.

NOT GUILTY .

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

Reference Number: t17871212-46

50. ANN HOWARD was indicted for stealing, on the 8th day of December , one corded dimity petticoat, value 3 s. two muslin aprons, value 4 s. a child's laced cap, value 10 d. the property of John Reader .

The prisoner went to nurse the prosecutor's wife, and carried away the things the next day, and the petticoat was on her; she was taken directly.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17871212-47

51. JAMES WARD was indicted for stealing, on the 3d day of November last, 40 lb. weight of lead, value 6 s. belonging to Walter Nicholls , and fixed to a certain dwelling of his, against the statute .

The prisoner sold the lead to Mr. Sanders, it was fitted to the prosecutor's house, and deposed to.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17871212-48

52. THOMAS SMITH was indicted for stealing, on the 12th of November last, one featherbed, value 3 l. a bolster, value 10 s. five pillows, value 10 s. three blankets, value 6 s. a counterpane, value 10 s. eight pair of sheets, value 48 s. one four-post bedstead, with cotton furniture, value 40 s. three window curtains, value 15 s. a mattress, value 18 s. thirteen table-cloths, value 4 l. four dozen of towels, value 10 s. and a variety of other things , the property of Robert Nugent .

The prosecutor on his quitting business, deposited a number of articles with the prisoner, and amongst the rest, a chest locked up, containing divers articles, one of which was afterwards pawned by the prisoner, and his wife, and others, by his orders, which were obtained by means of a key made by a smith, who deposed in Court, that he was employed to make it by the prisoner. - The prisoner on being apprehended, acknowledged to John Taylor , the constable, that he had pawned the things, and would redeem them, if the prosecutor would give him time; therere was no promise of favour made to him by the constable.

Prisoner. Mrs. Nugent told me to pawn the things.

The prosecutor's wife denied the assertion of the prisoner.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17871212-49

53. MARY BEACH was indicted for burglariously and feloniously breaking and entering the dwelling house of Philip Clarke , about the hour of three in the night, on the 5th of December , and burglariously stealing therein, one silver watch, value 40 s. one steel chain, value 6 d. one seal, value 6 d. one key, value 1 d. his property.

A second Count, for that she being in the said dwelling house, and stealing the same goods, the same dwelling house burglariously did break, to get out of the same.

The prosecutor deposed that he was a weekly porter , and had a small house in the City-road ; that he was gone to bed, having nobody living with him in the house; and that between one and two an acquaintance of his named William Smith , with the prisoner, knocked at his door, requesting admission; he got up and let them in, fastened his door, and went to bed; they came to bed to him, and he fell asleep; when he awoke between four and five in the morning, the prisoner was gone with his watch and handkerchief; the prisoner was taken on the Saturday following, by John Taylor , a constable, at Mr. Lane's, a pawnbroker offering the watch to pledge.

GUILTY, 39 s. Not of the burglary .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17871212-50

54. SAMUEL COX was indicted for stealing, on the 22d of December, 1786 , two linen gowns, value 5 s. two bed-gowns, value 2 s. a petticoat, value 5 s. a dimity ditto, value 12 d. a black silk cloak, value 5 s. a hat value 12 d. a coat, value 12 d. a waistcoat, value 6 d. a piece of silk, value 2 s. four table cloths, value 4 s. a pair of knee buckles, value 2 s. and a dollar, value 4 s. the property of Mary Naughty , widow .

The prosecutrix deposed that she let lodgings to the prisoner and his wife, and was soon after taken to prison, for having some angry words with another woman, and calling her a ragged Cat; when she came out of prison, the house was shut up, and the things gone, and the prisoner also; but there appearing no reason to charge the prisoner, he was ACQUITTED .

55. The said SAMUEL COX was again indicted for stealing the same things, let by contract to him in a lodging .

There being no further evidence, he was ACQUITTED .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17871212-51

56. JOHN DURHAM was indicted, for that he, on the 15th day of November last, did break, and enter the dwelling house of Henry Pincutt , Esq ; and burglariously stealing therein, a scarlet coat, value 30 s. three silk waistcoats, value 20 s. two cotton counterpaines, value 30 s. a pillow-case, value 6 d. a dimity bed gown, value 6 d. a dimity gown and coat, value 20 s. one cotton gown and coat, value 30 s. a pair of stays, value 5 s. his property.

Court. The part of the indictment which charges this prisoner with a burglary is defective, there being no hour mentioned; the only question that remains to be considered is, whether the indictment, notwithstanding that defect, may not be considered as a good indictment for stealing in the dwelling house, to the amount of 40 s.

Mr. Peatt, prisoner's counsel. I shall leave it to your Lordship, whether that defect is fatal to the whole indictment.

Court. My present opinion is, that there is enough in this indictment to charge him, with stealing to the amount of 40 s. but clearly, not with the burglary.

CHARLOTTE PINCUTT sworn.

I was not in town at the time; I only speak to the property; I only know that the things were lost; I am wife to Mr. Pincutt.

JANE M'KENZIE sworn.

I am servant to Mr. Pincutt; he lives in Craven-street, in the Strand; I know nothing at all of the robbery; I went out at seven o'clock that evening; I left the street door shut, and all the windows shut; when I returned, I found the street door open; I went up to the one pair of stairs, and found the beds stripped of the sheets and the pillow case; and on the second

pair of stairs, I found a box open, and a towel dropped on the floor.

JOHN TOWNSEND sworn.

I know nothing at all of the robbery; on Sunday, the 2d of December, Fleming, the Pawnbroker, took me and some more of our people, to his mother's house, there I found part of this property, and some more of it I found at Mr. Keep's and Mr. Vanderberg's; they are not in custody.

PATRICK MACMANUS sworn.

I only found the things at Fleming's mother's by his direction; Fleming, Townsend, me, and Carpmeal went all together in a coach; she was not at home, when we got in the house; we got in at the street door, and Fleming desired me to break open two different doors, which I did, and there we found the things, according to his directions.

In what capacity does Fleming come? - As an evidence, he was brought to Bow-street on the Sunday morning, by Jealous, Townsend and me; and he made a confession of all the things that he knew.

Is he admitted an evidence against Durham, as an accomplice? - No, as a receiver, buying them as receivers do, in general, from the people that steal them.

How did you find these goods? - By Fleming's information; when Sir Sampson Wright talked to him, he said, this was a part of such a robbery, in such a place, and part at such a place, and part at such a place.

Was he at the time accused of this particular robbery? - No, not of this, nor of any other that I know of; but of some things that are to come before your Lordship another time: when Sir Sampson Wright told him, he would admit him an evidence if he would make a clear confession of all the things he had bought at different times.

Then he was not under charge for this particular fact? - No.

Then before he gave that information, he was not accused of this robbery, nor of receiving those goods? - It was not known, to my knowledge, till the time he gave information of it himself, and several more as well as this.

What was Fleming apprehended for? - He was apprehended for receiving stolen goods; Mr. Jealous, and two or three more of our people, went to a house somewhere near where he lived, and there was a quantity of things; and the woman said they belonged to Mr. Fleming, the next day Jealous, Townsend, and I went down to Fleming's and took him into custody; says he, what is this for? says he, I know what it is for; it is for such things that were found at Mrs. Burkett's last night, yes it is; says he, very well, I expected you to come; I could have been out of the way, but I staid in the way on purpose; when he was brought to the office he offered to make a discovery, Sir Sampson Wright would not take it from him at all then; he desired him to recollect what he could then, and he would give him time till Monday; on Monday he came up, and had wrote down several things; and he said, I have still more robberies; Sir Sampson Wright said, let me get through these you have told us already, and write down what you have more to discover; and if there is any part you dislike, when you have wrote it down, contradict it.

Jury. Was you present when all this conversation passed at Sir Sampson Wright's? - Yes.

Court. Then all that he knew of this business was discovered in consequence of this? - I believe so.

Had not Fleming an assurance of safety or protection in proportion to the discoveries he should make? - Yes, I believe so; Sir Sampson told him, that if he told every thing that he knew from the first of his connection to the present time, he should be at liberty to deliver it, and be safe; and if he kept back any one thing he must expect no favour.

In consequence of this, among other things, he told you where these goods were? - Yes.

Did he go with you when you found them? - Yes; my Lord, but they had been moved from where he told us to another place, which was his mother's; he said they were at his sister's, we did not find them there; when we went to his sister's, the husband of the sister was in bed, he got up.

Is he here? - I do not know; I should think not; we found the things at his mother's; Fleming went with us to his mother's, she was then gone to Fleming's; the inside doors were fast; he strove to open them, and he could not; so I kicked the doors open.

You know nothing of these things, or any thing of the prisoner's connection with this robbery, but what he told you? - No.

Did Fleming tell you how he came by the knowledge of these things? - Yes; he said he had bought them from the different prisoners that were in custody; sometimes one, sometimes two, as much as I know; when he bought them of people that were present, he mentioned their names; and when it was said where was this done? he said, at such a place.

He admitted there, that at the time they were bought by him he knew they were stolen? - Yes.

Did he say whether he knew any thing of this robbery before it was committed, or whether he had any hand in the robbery itself? - No; and I remember very well Sir Sampson asked him whether he had been with these people doing any thing? and he said no.

Court. It does not appear to me, Mr. Peatt, that win this case, Fleming stands precisely in the light of an accomplice; he stands, at present, in the light of an accessary after the fact, but not as an accomplice in the fact; therefore, I do not well see how I can avoid examining him, and hearing what he has to say; it goes very strongly to his credit; but I doubt very much, whether he stands in the situation of an accomplice; my idea of an accomplice is a person that confesses himself guilty of the very fact the prisoner is accused of; now this man does not stand charged by his own confession, or otherwise, but of one crime, which is a crime greatly affecting his credit; it is the crime of receiving these goods after the fact committed, knowing them to be stolen; and there is no doubt; but the Court and Jury ought to receive the evidence of such a witness with great caution; but I doubt, whether there is any principle of law, that I can decline examining him upon; if he appears on the evidence, to be an accomplice in the same fact with which the prisoner is charged, and admitted as an evidence, as an accomplice, there being no other evidence to affect the prisoner, I certainly would not call him, nor permit him to be examined.

Mr. Peatt. I trust your Lordship will not receive his evidence; in the former trial he was heard and considered in that light, and the confessions he has made, has been in consequence of promises, and there being no other evidence, I trust you will not receive him, because, he stands precisely, in point of credit, in the same light as an accomplice.

Mr. Silvester. He is not an accomplice, nor is there any objection to his competency.

(Call Francis Fleming .)

FRANCIS FLEMING sworn.

I shall say nothing but the truth although I have been in court.

Court. I hope you will not; you took the officers to the place where the goods that have been produced were found? - I did.

How did you come by the knowledge you have of this matter? - One William Smith came into my house, that is not the prisoner.

Court. Then you must not tell us what you heard from other people? - One William Smith brought part of this property to me some time last month; it might be about the middle of November.

What do you call the middle? - The fourteenth or fifteenth.

Where did you get the remainder of these things? - Of the prisoner John Durham; about four or five minutes after Smith came in, Durham brought in a bundle also, then I opened both the bundles.

Was Smith there when Durham came? - He was.

What did Durham say? - He said there were some things, and desired me to look at them to buy them; there was one Keep and Vanderberg in my house at the same time; not in the same part of the house; I looked at them and bought them.

What did you pay for them? - I am not sure, as I told Sir Sampson Wright, whether it was four guineas, or whether it was four pounds ten for the whole that they both brought.

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

Did Durham take up the money for the whole, or only for the things in his bundle? - They were sold all together, and Durham took up the money for the whole.

Can you recollect what day of the week this was? - I believe it was on Thursday night.

What time of the night? - It might be about eight o'clock.

Did you make any enquiry how these things had been come by? - No.

Then it was immaterial to you? - I knew the men before; and I had bought things of them before.

Did you conceive these things, at the time you bought them, to be honestly come by or not? - I really thought they were stolen.

You thought so then? - Yes; Sir Sampson Wright told me the consequence if I did not tell the whole truth, therefore I do.

Did Durham say any thing how they were come by? - No.

How did these things get to your mother? - I sent them to my sister first.

Did you put any mark on these things, from any other things that you bought? - No; when I sent these things first to my sister, I do not think there were any things there.

But how do you know these things to be the same things that were brought to you by Smith and the prisoner? - Because there was one gown and coat that I bought with the rest of the things that I kept at home; that gown and coat I delivered, on the 3d of December, to Macmanus and Townsend; that was a part of the property.

Do you recollect whether that gown and coat was in Smith's parcel, or in the prisoner's parcel? - I cannot recollect that; I know this corded dimity bed-gown; the gores or gussets are not of the same sort; I had sold the bed-gown, and a person told me of it afterwards, I did not examine it at the time.

Then you have only the word of the person you sold it to? - That is all, in that case; I know this scarlet coat; when it was brought to me, the buttons were all covered with paper, and some of them are now covered; this is the same coat, as far as the best of my knowledge will go; it is a remarkable coat lapelled, which is not as they make them now; it was in one of the two parcels, I do not know which; here is a remarkable gown and coat; this I sent to my sister, and I brought it away myself, and I sold it to Mrs. Cox, and I saw her make her mark; she expects to lay in every day.

Court. You must put that out of the case? - Here are two pair of sattin breeches, and a tissue waistcoat; I cannot speak positively to those I have sold; there are no other things that I wish to swear to; this gown and coat, this scarlet coat I can positively swear to.

Mr. Peatt. It is scarcely possible, I think, that more light can be thrown on your character, than has been already.

Court. As to character, you need not give yourself any trouble.

Mr. Peatt. You have not been very strict, I suppose, at any time, in asking questions of the persons that came to pledge?

- I have received things since I have been in business; most likely in the same way I have received these; I gave a full account of every thing I knew.

If you had had them things in your possession which were liable to be called in question, do not you suppose yourself to be in danger, if they were not ascribed to some particular person? - Yes, Sir, I comprehend that these things that were found in my house, if I had been unable to account for them, I should certainly think myself in danger.

Jane M'Kenzie. I went out about seven, to the best of my knowledge, I was at home before eight.

Court to Mrs. Pincutt. Look particularly at the coat, and the gown and coat? - I have a bit of the gown and coat in my pocket; I know it perfectly well; I only know it from the pattern, and having long sleeves.

Do you know any thing particular in the make of it? - Only that it had long sleeves, and a tucker in it; not more than that (The piece handed to the Court.) I know the scarlet coat to be ours, by the buttons being covered; Mr. Pincutt saw it himself, and said it was his; he is gone abroad; I only know it from the buttons being papered, and lined with white silk.

Then you would not have known it only by the buttons being papered? - No; none of the gowns are marked; the sheets are marked; this I know to be mine.

PRISONER's DEFENCE.

I know nothing at all of the robbery of any kind; I never had any dealings with the man; he has taken away my life already; I am in a halter already.

Mr. Peatt. Did you buy that gown yourself; - No, Sir, I did not.

You would not have known that gown, perhaps, if you had seen it any where else? - I should have thought it was like mine.

What do you suppose that gown and coat to be worth at a reasonable value, as a second hand thing? - I cannot say.

GUILTY. Of stealing, not of the burglary .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17871212-52

57. RICHARD HUMBER was indicted for stealing, on the 2d of December , two tin pots, value 2 s. and three gallons of lamp oil, value 3 s. the property of William Couldroy , Edward Collison , and George Rogers .

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17871212-53

58. JOHN DYER was indicted for stealing, on the 6th of December , two trusses of hay, value 2 s. the property of Samuel Marshall .

The prisoner was taken jumping out of the hay loft, having thrown down two trusses of hay.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17871212-54

59. SUSANNAH PICKET was indicted for stealing, on the 19th of November last, a black silk cloak, value 15 s. the property of Eleanor Farey .

The prisoner came to the prosecutor's shop, and as soon as she was gone he missed the cloak, which the prisoner afterwards

offered for sale at a Mrs. Davidson's, a pawnbroker's.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17871212-55

60. JAMES DAVIDSON was indicted for stealing, on the 8th day of December , 40 lb. weight of lead, value 5 s. belonging to our Lord the King , fixed to a certain building of his, against the Statute .

The prisoner was discovered taking the lead.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17871212-56

61. THOMAS SPENCER was indicted for stealing, on the 5th of November last, one quart pewter pot, value 12 d. the property of George Ensor .

The prisoner was seen going out of the prosecutor's with something under his coat; he was stopped, and immediately threw away the pot.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17871212-57

62. MICHAEL BATH was indicted for stealing, on the 13th of December , four glass bottles, called quarts, value 2 s. three gallons of brandy, value 20 s. two gallons of Rum, value 12 s. the property of John Ward Kendal , Esq .

The prisoner was caught in the cellar when the prosecutor's servant and went down for some wine; he locked the door upon him and ran up stairs, and returning down directly he met the prisoner at the top of the cellar, and he was secured, and four bottles of rum and brandy were taken out of his pockets; two were broke in a scuffle in the; street; the prisoner had opened the cellar door with a crow; which he had directed the prosecutor to find.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17871212-58

63. JOHN NEAL was indicted for feloniously breaking and entering the dwelling house of William Bowen , no person being therein, about the hour of three in the afternoon, on the the 7th of November , and feloniously stealing therein a linen waistcoat, value 2 s. a shagg ditto, value 2 s. a shirt, value 1 s. a pair of leather breeches, value 18 d. a coat, value 5 s. the property of James Kent .

JAMES KENT sworn.

What age are you? - Going off fifteen.

What are you? - I live in the two pair of stairs, I lodge there, and we have the cellar: her husband's name is William Bowen in Carrier-street, St. Giles's; I was not at home when the house was broke open, my box was broke open, and my things taken away.

ELEANOR BOWEN sworn.

My husband keeps a lodging-house ; I let a room to one William Brewer , a master chimney sweeper, and a cellar to keep his foot in; and this Brewer has brought in these young fellows to lay in the cellar; about ten in the morning, I went up stairs and saw the padlock hang to the room door, and the door open and a box open: I do not know how it was done, I know

it was done; I know nothing of either the house door or this inner door being broke open; I believe Kent worked for Brewer; I do not know how long it was ago I saw the door broke open.

THEOPHILUS BUTCHER sworn.

I am in officer belonging to the public office in; Poland-street; on the 8th of November last, a man came and gave me information that he thought he could find out where some things were sold; I went along with him.

Court to Kent. Is William Brewer your master? - Yes, I lodge in his house; when I lost my things, they were in the two pair of stairs room; I did not mind what day I lost them; as nigh as I can guess, it was Tuesday or Wednesday the 7th of November.

What makes you remember the day of the month; do you know what month this - No, Sir, I do not indeed.

Do you know what this month is? - No.

Do you know what the next month is? - No, I know it was just after the 5th of November, I know it by Goy Vaux going about; another lad told me it was the 7th of November; I saw the things the day before in my box.

WILLIAM BREWER sworn.

I work for myself, and he let me put my things there; the box was broke open; I was in the room the morning it was broke open; I left it about nine in the morning, and came there about four in the afternoon, and the box was broke open.

Who had the key of this room; - I do not know; William Brewer was in the room with me in the morning, we both came down together, I went out directly; I do not know whether he shut the door; I returned by myself.

Was the door usually shut? - Yes, it was always shut; I believe he went up stairs again after I went out.

(The things produced by Theophilus Butcher.)

I received them from one Mr. Burford, he is here; I found this iron thing, I do not know what it is, in the room close by the box that was broke open; (a sort of chissel without a handle.)

- BURFORD sworn.

I am a salesman; I delivered these things to Theophilus Butcher, I bought them of a young man, that is now the prisoner, on Tuesday the 6th of November.

You are sure it is the 6th? - Yes it was; it was on the Tuesday, and they were taken away upon the 8th; I gave him nine shillings for them, I cleaned and repaired them, they cost me 2 s. more; he came to my shop to buy an old pair of breeches, he paid me for them and changed half a crown; he had the things in a handkerchief, he said they were men's clothes, he wanted a pair of shoes, but he must sell them things first; says I, are they your own property? he said yes; as soon as I saw the things, I said they are too small; I saw they were not the lad's size; says he, they are a brother's of mine, who was an apprentice to myself, that was younger than me, he is dead; then I asked him if he was in business for himself; he said yes; I asked him where he lived; he said near the bottom of Holborn; I asked whereabouts; he said, in Leather-lane; I asked him if he kept a house; he said no, he kept a cellar near the Duke's head; he told me his name was William Jones .

JOHN BUTCHER sworn.

I am an officer belonging to Poland-street; I took the prisoner at a public-house, two more were with him; it was in Mary-le-bone parish.

How far from St. Giles's? - I believe it is half a mile; I think it was the 8th of November I brought him to the office, and took this handkerchief off his neck, which Kent said was; his; it has been in my possession ever since.

(The handkerchief deposed to by Kent.)

(The things deposed to.)

Did the prisoner frequent Brewer's house? - He lived with us.

PRISONER's DEFENCE.

I was going along on Wednesday morning, and a young fellow, one of our business, asked me to have something to drink, and said he had a few things to sell, and asked me to go and sell them; I went to buy a pair of breeches, and I sold them.

GUILTY, But not of the burglary .

Transported for seven years .

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

Reference Number: t17871212-59

64. GEORGE SMITH was, indicted for burglariously and feloniously breaking and entering the dwelling house of John Sullivan , about the hour of nine in the night, on the 8th of November last, and burglariously stealing therein, one hair shag, waistcoat, value 2 s. two linen frocks, value 2 s. one shirt, value 2 s. two shifts, value 2 s. one handkerchief, value 1 s. one silk stocking, value 2 d. two worsted stockings, value 2 d. his property.

(The witnesses examined apart.)

ELIZABETH SULLIVAN sworn.

I am wife to John Sullivan ; we live in Glass-house-yard in the Minories ; I am a housekeeper, my house was broke open on the 8th of November, a quarter before nine; I was up stairs, I was at home when it happened, at supper.

Was your husband at home? - Yes; there was nobody else but two children in the house; I was up stairs a quarter before nine, turning down my bed, and the windown were all secure, and every thing safe; the things were lost from the middle room, one pair of stairs; the window looked into the yard; I fastened it down at that time; I went up, within a quarter of ten, and the window was open, and the first thing I missed was the sheet off the bed, and the clothes bag, which lay at the foot of the bed, was gone, with the foul linen; there were all the things in the indictment, and there were two odd stockings taken from him; I have the fellows to them; when I missed the things I staid for ten minutes; I never heard any thing of the things till Thursday; on the Saturday I saw my things advertised; I saw them at the Justice's, in Smithfield.

JOHN SULLIVAN sworn.

I was at house; we have two doors to the house, the back door was made up, the front door was shut; it was a very windy and rainy night; we were sitting by the kitchen door eating our supper; I am sure the front door was shut; the things were advertised, and I went to the Justice's, and saw my things there, and the prisoner was there; I claimed the things when I saw them; the prisoner was present; he said nothings.

ROBERT DAWSON sworn.

Just before ten, on the 8th of November, I met with the prisoner in the back lane, near the new theatre.

How near is that to Glass-house-yard? - About a quarter of a mile; I asked him what he had the bundle, and he told me they were his own; I asked him what, and he could not tell; I suspected from that they were not his own; I took him into custody, and put him in the watch-house, and the next day I advertised the things; nobody was with me; these are the things I found on the prisoner; I told him if he would tell me what the bundle contained, I would give it to him; in the scuffle a flap of a waistcoat appeared, and then he said there was a waistcoat, and the next day he told me his wife and he had parted, and she was gone to live with another man; the bundle was tied up in the sheet, as it is now; I asked him if he had any children, he said no.

Court. Did he say any thing afterwards, how he came by them? - Would your

lordship have me say what he said, after the things were swore to?.

Was there any promise of favour made to him if he would tell the truth, or any threat? - None at all.

Was any examination taken in writing? - No; he said after the things were swore to, he begged the prosecutor would recommend him to be transported, for he had been guilty of doing it; there was a boy with him, but I could not take them both; they were going into a shop, in the back lane, of old clothes and old iron.

(The things produced and deposed to.)

PRISONER's DEFENCE.

One of the runers came to me in the place and I told them I had picked them up in the place; and he said, do not say any such thing, but say they are your wife's things, and it will bring you through the piece; he had seen the bundle, I had not; I happened to go along the lane, and found them in a corner; I belong to the India warehouse.

GUILTY , Death .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17871212-60

65. ANN BROOKS was indicted for burglariously and feloniously breaking and entering the dwelling of William Gould , about the hour of nine in the night, on the 15th of November last, and burglariously stealing therein, two linen sheets, value 5 s. his property .

The prosecutor took the prisoner with the property on her, just coming out of the house.

GUILTY Of the stealing, not of the burglary .

Transported for seven years .

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

Reference Number: t17871212-61

66. MARY BARNES was indicted for stealing, on the 29th of October last, one pair of sheets, value 10 s. a curtain, value 2 s. a brass candlestick, value 6 d. a tea kettle, value 2 s. the property of Thomas Branch , in a lodging room .

There being no evidence but the prisoner's confession, obtained under promise of favour, she was ACQUITTED .

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

Reference Number: t17871212-62

67. MARY BUTLER was indicted for stealing, on the 27th of November , a silver watch, value 20 s. a steel chain, value 1 s. a key 1 d. a hook 1 d. the property of Samuel Holt .

NOT GUILTY .

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

Reference Number: t17871212-63

68. THOMAS MORRIS was indicted for stealing, on the 20th day of November last, two damask table cloths, value 36 s. two lawn handkerchiefs, value 5 s. the property of Joseph Portal ; one leather snuff box, covered with skin, value 6 d. the property of Samuel Colton , Esq ; in the dwelling house of the said Joseph Portal .

The things were found in the prisoner's box.

GUILTY, 39 s.

Transported for seven years .

Tried by the London Jury before Mr. Justice HEATH.

Reference Number: t17871212-64

69. LEWIS SANDERS and JANE his wife , alias JANE NORRIS , were

indicted, for that they, on the 20th of April , did take away, with intent to steal, imbezzle and purloin, three check curtain, value 6 s. a bolster, value 5 s. a looking-glass, value 2 s. a tea kettle, value 1 s. a candlestick, value 6 d. the property of Magdalen Hunter , in a lodging room .

The prisoner Jane pawned the things.

LEWIS SAUNDERS , NOT GUILTY .

JANE SAUNDERS , GUILTY .

Transported for seven years .

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

Reference Number: t17871212-65

* 70. CHARLES BERKLEY , was indicted for stealing, on the 7th of November last, four leather horse collars, value 20 s. one feather bed, value 40 s. a bedstead, value 10 s. three blankets, value 7 s. one deal value 18 d. , the property of John Salvey and John Steel ; and

* This prisoner was capitally convicted this Session.

Mary Cross was indicted for receiving the same, knowing them to be stolen .

The prisoner Berkley confessed taking the things.

CHARLES BERKLEY, GUILTY .

MARY CROSS , NOT GUILTY .

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

Reference Number: t17871212-66

71. THOMAS WINSTAN was indicted for stealing, on the 30th day of October last, 10 s. 6 d. in money , the money of Charles Humphreys .

The prosecutor's daughter gave the prisoner change for half a guinea, which he took up and ran away with it.

The prisoner said he applied to her to lend him half a guinea, which she denied.

GUILTY .

Transported for seven years .

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

Reference Number: t17871212-67

72. RICHARD HAWTHORN was indicted for stealing, on the 14th day of December , 38 lb. of copper, value 3 s. the property of Robert Albion Cox and William Merie .

ROBERT ALBION COX sworn.

The prisoner has been servant to me these three years: he came and told me he wished to leave me, he did not care to stay in my works and longer: I told him he must not go yet; one of my clerks informed me he had secreted a slab of copper, and I detected him. I asked him where he intended to sell it, he said in Long-lane.

HENRY DALBY sworn.

All I know is by his own confession.

Prisoner. Mr. Cox promised me that I should have favour.

Prosecutor. I said, if you will disclose your confederates, you may receive more favour with the Court me! says he; that was all he said.

ROBERT PATTERSON sworn.

On the 4th of December, I stopped the prisoner going out of the shop door with something wrapped up in his apron; he was going out of the house.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17871212-68

73. JAMES GREEN , alias JACOB HOBBS , was indicted for feloniously stealing, on the 13th day of September last, a chesnut gelding, value 13 l. the property of Jonathan Pegram the elder , and Edward Camplin .

JONATHAN PEGRAM sworn.

I lost a horse the 13th of September; I keep an inn at London Wall, the White Horse Inn; my partner's name is Edward Camplin ; this horse was hired on the 13th of September, about eight or nine in the morning, by the prisoner, in the name of James Green, I am quite sure as to his person; he hired the horse to go to Totterridge, he said he should come back in the afternoon; it was a chesnut horse with a blaze face, very full of spots, very remarkable, the horse has never returned yet; I have never seen him since; the prisoner was taken at the Rotation-office, in East Smithfield; I advertised him; I saw him at the Rotation-office within six or eight weeks, he denied the charge, and said, he had not been on horseback a great while; he pretended to know nothing about it at that time; I heard him say since, that he hired it for some other man to ride, not himself, that was since he has been in confinement; I asked him where he lived, being a stranger, he said, he kept a public-house in Leadenhall-street, the Cape Coast Castle; and had been there three parts of a year; I mentioned several persons, and he said he knew them; there is such a public-house there.

Prisoner. I said I hired it for the man that told me he kept the Cape Coast Castle.

Pegram. He told me he did keep it himself; and I asked him how long; and he said three quarters of a year, at the time he hired the horse; he hired it to go to Totterridge himself, and said he should be back again in the afternoon in good time.

JONATHAN PEGRAM , Jun. sworn.

I was in the compting house, and the prisoner came and hired a horse, on the 13th of September; I am sure it was him, I know him very well; he hired it for himself, to go to Totterridge, and to return in the afternoon.

Did he give any description of himself when he hired the horse? - Yes, he said he lived at the Cape Coast Castle, in Leadenhall-street, three quarters of a year; he mentioned several peoples names about there.

Did he say he lived there, or that he kept the house? - He said that he kept the house; I heard him say nothing about the horse when he was apprehended, I am sure of his person.

ROBERT DAWSON sworn.

I received information of the prisoner and several others, five of them in the whole; I apprehended him for another robbery, but in the room where I found this prisoner, I found this spur, he being described as having a dark green coat, and a very remarkable pair of spurs.

Pegram, jun. I believe that to be one of the spurs he had on.

PRISONER's DEFENCE.

I am not guilty of the horse, I was sent to borrow this horse; I said what shall I do if they ask me for an address? says he, tell them I keep the Cape Coast Castle; I went to Mr. Pegram, and told him the horse was not for myself, but it was for another person that kept the Cape Coast Castle; I never saw any thing of the person since; I never met with him since; I enquired for him every where, and I heard the horse was gone to Portsmouth, I went there after the horse; I had not been in town five days when I was taken. I was bred to the sea; I have no evidence.

GUILTY , Death .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17871212-69

74. WILLIAM HIGGINS , JOSEPH HOLDEN , THOMAS GROSE , and GRACE MADDOX were indicted for feloniously stealing, on the 1st of December , seven linen sheets, value 35 s. eight diaper table-cloths, value 40 s. four napkins, value 5 s. a counterpane, value 10 s. seven shirts, value 5 l. a woollen coat, value 10 s. a waistcoat, value 10 s. a pair of breeches, value 10 s. the property of Joseph Wilcocks , Esq ; and one enamelled ink stand, value 14 d. a pair of silver scissars, value 12 d. a silver scissars sheath, value 1 s. a gown and coat, value 40 s. the property of Martha Brewer , spinster .

(The case opened by Mr. Silvester.)

MARTHA BREWER sworn.

I am servant to Joseph Wilcocks , Esq; in Queen-street, Westminster ; I went out of town the 22d of June; I left every thing safe to my knowledge; we returned to town the beginning of December, the things were in a very confused way; several things were lost out of the drawers and other places; the drawers had been opened, but how I cannot tell; some of the locks were not fast; my master's bureau seemed to be broke open; there was not much force used; I fancy, probably by keys; there were a great many things lost out of the house.

MARY FULFORD sworn.

I am servant to Mr. Wilcocks; I left the house in June; I returned with the rest of the servants; many things were lost out of the house; some of the drawers appeared to be forced.

HESTER SEYMOUR sworn.

I had the key of Mr. Wilcock's house; I went backwards and forwards; I never observed the door broke open; when I looked to see if the inside of the house was safe, I found the door opened hard; I went down stairs to see if every thing was safe, and found every thing safe; it was near about the time the robbery was done, as the Justice said, that was more than a week before the family came to town.

CHARLES JEALOUS sworn.

On the first of December, between eight and nine in the evening, I received an information, that a house had been robbed in Westminster; we were desired to go to the house of one Mrs. Burkitt, in Duck-lane; I went up stairs into the room where Higgins lodged; he was then in the room up one pair of stairs backwards; I broke open a box in the room; and in that box, I found a brace of pistols, and the coat was in that box, which the prisoner Higgins has on, and upon the bed in Higgins's room, I found two knives; I asked Higgins whose the two knives were? he said they were his own property; I searched Higgins, and in his box I found a bit of candle; I then came down stairs, and left another officer with him; I went into the back room, the apartment of Mrs. Burkitt; I searched there; and in a cupboard in the said back room, I found this black bag, with the things that are now in it; they were secured, and I set off with the rest of the officers; I left somebody in possession there; I went to the house of Grace Maddox , in Duck-lane, where Grose and Maddox were sitting by the fire; Higgins and Burkitt were taken into custody; upon the bed in the same room, I found two table cloths; I asked whose property they were? and Grace Maddox said herself they were her property; and Grose made no reply; I then searched the room, and in one of the drawers I found a small pick-lock key; (produced) upon a chimney piece, in the same room, behind a basket, I found a large street door pick-lock key, which since I have tried before the woman, and it opened the street door of Mr. Wilcocks; in the room I found an old chissel; upon the information of Mrs. Burkitt, Fleming was taken.

Did Mrs. Burkitt claim any property in the things? - She was asked, and she said they did not belong to her.

What did she say? - She said they were not her property.

Mr. Garrow, prisoner's counsel. Fleming then made no sort of information at

Bow-street, till he himself was in custody? - No.

He was informed at Bow-street, that unless he made a full disclosure of every thing in which he was concerned, he was in considerable danger? - Yes.

Was you present at the examination of Fleming? - I cannot say particularly.

Fleming, it seems now, has been a notorious and common receiver of stolen goods? - Why sir, I am sorry the man is in custody now; he has lived in good credit, and has come forward with me to give evidence.

How long have you known Mrs. Burkitt? - Ten or twelve years; she never was in custody, to my knowledge.

You know Mr. Sanders very well? - I cannot be off knowing him in my line of life.

He is a Walking Fence? - I cannot tell whether he is a walking or a riding one.

Have you, except in this business, ever known any thing against the boy Higgins? - I never had him in custody before; - I do not know that I ever saw him before; I know his father very well; he is a very honest man; the boy knows me; - I never saw Holden before to my knowledge.

ELIZABETH BURKITT sworn.

I live in Duck-lane, Westminster, Higgins and Holden lodged in my house; I know the other two prisoners by living in Duck-lane; there was a bundle brought into my apartments; I did not see it brought in, nor I saw nothing brought in; I saw all the four prisoners in my house, and they went up stairs with Mr. Fleming; it was the same night that Mr. Jealous came about an hour after and found it; Fleming came in with them, they went up stairs together, into Higgins's room, and in about a quarter of an hour after, Fleming brought down this bag, and put it where Mr. Jealous found it, in a cupboard in the back-room.

Who brought down the bag? - Fleming.

Did the prisoners all come in together with Fleming? - Yes, I saw them come in, but I did not see them bring any thing in at that time.

Mr. Garrow. Mrs. Burkitt, did you know much of Fleming before that time? - I knew him when he was apprentice at Mr. Wright's.

Have you had much dealings with him lately? - Not much; I never dealt with him to buy any thing of him; he left these things in my possession till he called for them; he has left things about four times.

How long before? - It might be about a month.

How long have you lived in Duck-lane? - About a quarter of a year.

Where did you live before that? - In Fleet-lane; I kept a chandler's shop and sold greens.

Where does your husband live? - I have never a one; I buried him in Fleet-lane.

How long have you been called by the name of Burkitt? - Very nigh two years.

Your name was Lymes before? - Yes.

Was that your maiden name? - No.

So poor Mr. Burkitt is dead? - Yes; he was a boat builder, but he was in the Fleet for debt; he was one of the turnkeys of the Fleet prison.

You know you was examined at Bow-street? - Yes.

Have you told us all that passed at Bow-street; on your examination, did not you there say, that Higgins had not been out of your house that day, nor the day before, nor the day before that? - No, I did not say that; I said I believed he had not been out that day, but they all came into my room together.

Did not you say at Bow-street that you believed Higgins had not been out of your house that day? - I said I believed not.

Did not you say, you believed he had not been out the day before? - No, I did not, to the best of my knowledge.

Tell me whether you will venture to swear that you did not say to the magistrate at Bow-street, that Higgins was not out of your house either that day, or the day before, or the day after? - I did not say

so; I said I believed he had not been out on the Saturday.

Did you say the Saturday or the Friday? - I will not venture to swear that I did not say so.

Do not you believe that the young man was not out of your house on the Friday night; that is a dangerous question to such a witness as you? - To the best of my knowledge, I cannot say; but on Saturday I know he was not.

What time was you at home on the evening of Friday? - About six or seven.

Did you go out after seven? - No, I did not.

Upon your oath, was Higgins out after seven that night? - No, not on Friday night; but in the day time I cannot say; but after night, I am sure he was not out.

I take it for granted that you came today from Duck lane? - No.

Where did you come from to-day? - Why, from prison I came to-day.

You have been in a little trouble, as they call it about this business? - Yes, I have.

Therefore you are swearing to get yourself out of trouble? - I would not swear any thing wrong; if you was a widow with two children, you would be glad to do any thing in the world to maintain them.

Is it a furnished lodging? - Yes.

CHARLOTTE COWPER sworn.

I am servant to Mrs. Burkitt; I remember Jealous came on the Saturday night; there was Holden, Grace Maddox , Higgins and Thomas Grose came in together to our house; Fleming came in afterwards; they went up stairs into Higgins's room; but I cannot tell what passed, and Fleming brought down stairs a black bag; I cannot tell what was in it; he desired it might be put away into the closet where Mr. Jealous found it.

Mr. Garrow. How long have you lived with Mrs. Burkitt? - About six or seven years.

You lived with her then, when she lived in Fleet-lane? - Yes.

You came from prison too? - Yes.

You knew her when her husband was alive, poor man? - Yes, I lived with her, and have been with her ever since.

You knew Fleming very well? - Yes.

How long has he been used to come backwards and forwards to your house? - I cannot recollect.

How long has she lived in Duck-lane? - Abot three months.

You know she lived there by Fleming's desire? - Not that I know of.

Was not you present when they agreed that she should take the house in Duck-lane? - No, I was not; I cannot tell when Mr. Fleming called first upon us; he did not assist in moving.

But you saw him as soon as you got in? - He called in as he went by.

Was that the first day after you went to Duck-lane, or the next day? - I cannot say.

After that, how often did Fleming use to call? - He used to call as he went by.

He was a very intimate acquaintance of Mrs. Burkitt's; was not he? - Not as I know; he went about his business; he used to call in.

Did he use to leave things at your house? - I believe he did; really I cannot say.

Will you swear he did not leave things at your mistress's, till he called for them? - He has left things several times, till he fetched them away.

How soon after you went to live at Westminster, did he come with the first bundle of things? - I cannot tell.

Were the things always put into that cupboard? he put them in himself.

What part of the house was that cupboard in? - The back room; there was no lock upon it.

Court. You say that Higgins, and all the rest of the prisoners came in together on the Saturday evening? - Yes.

How long had Higgins been out? - He had not been out at all.

Grace Maddox, Holden and Grose, all came in, and went up stairs with Higgins? - I cannot tell you whether Higgins

was out or not; they all four went up stairs.

Then it was not true that the four prisoners came in together; you have sworn both ways; which is the truth? - I cannot tell; Higgins came in with Grose and Holden, and Grace Maddox.

Do you mean that he came into the house or into the room; did the four prisoners all come into the house together? - Yes.

Are you sure of that? - Yes, I am sure of it.

Do I understand you right, that you are now, upon recollection, sure that Higgins; Holden, Grose and Maddox, all the four prisoners came into the house together? - Yes.

Then how long had Higgins been out? - That I cannot say, I was at home all the evening.

Do you recollect seeing Higgins before he came in with the other prisoners? - I saw him up stairs in his own place.

How soon did he go out from his own place? - I cannot tell you.

Did you see them come in or not? - Only Grace Maddox.

Did you see the prisoners come into the house, or did you? - Yes, I did see them come in.

Who did you see come into the house? - I saw Holden, Grace Maddox , Thomas Grose , and Higgins.

Do you know how long he had been out? - I cannot tell.

Did you or not see Higgins come into the house with the other prisoners? - Yes, I believe I did.

Are you doubtful whether Higgins came with the rest or not; did you see the prisoners come into the house any of them? - I did.

Who did you see come in? - Holden and Grose, and Grace Maddox and Higgins; I believe Higgins came in.

What time did they come in? - I cannot tell the time.

How long before the things were found? - about an hour after.

Was it before or after seven? - I cannot say.

Had Higgins been out at all the evening before Jealous came? - I cannot tell; I believe he was at home the whole of that evening; I do not know, I saw nothing brought in by these people.

FRANCIS FLEMING sworn.

Between eight and nine in the evening of the first of December, Holden came to my house, and asked if anybody had been there to ask for him; I told him no: then he desired I would come down to Mrs. Burkitt's immediately. Being a single man, I locked my shop door, and went immediately; when I came to Mrs. Burkitt's, there was Joseph Holden , William Higgins , Thomas Grose and Grace Maddox in the room, there were other persons in the room; I went up stairs, Holden followed me; and there were Mrs. Burkitt and Charlotte: Higgins desired I would go up stairs; I went up with him and the other three prisoners; then, I believe it was Holden, but I will not say which, positively, told me there were some sheets and tablecloths to sell, I cannot tell which; I told Sir Sampson Wright so; but one of them said so in the presence of all, and asked me if I would buy them? I told him yes; they were in a black bag then; I do not know rightly which it was that gave me the bag to look at them, I looked at them, and I think I paid for seven sheets, eight table-cloths, four napkins and a white cotton counterpane; there were more in the bag than that, but the others I considered of no value, and I gave them to the prisoner Maddox; then after I had looked at them, I think it was Grose, but I am not sure, asked me five guineas for them, which I refused to give; I told him I could not afford to give more than three guineas for them, which if they would not take, it would not suit me; I then went down stairs to Mrs. Burkitt's, and while I was sitting in Mrs. Burkitt's front room, Higgins called to me; when I went back again, they agreed to take the three

guineas; I folded up the things separate, and put them on the table; after I had done that, I put them in the black Nags and paid three guineas for them; I carried them down stairs into Mrs. Burkitt's back room on the ground floor, and I put them there into a closet, and desired her to take care of them till I came for them; she told me she would; I paid the three guineas into the hands of Grose.

What became of the money? - I believe it was divided among them; Higgins said, we must give her something; I saw no other woman in the room besides Grace Maddox ; Holden says, suppose we equally divide it; Higgins replied, I do not care how it is; then Holden said, there is a guinea and a half for you two, and a guinea and a half for us two.

Had you any further conversation with them about these things at any time? - No; not a syllable more than what I have told you.

You did not hear from them at all where they got those things? - No.

Court. You have used the house of Mrs. Burkitt from the time she came into Duck-lane, to leave things at occasionally? - I did.

You have told us; on a former occasion, that you have carried on this trade of receiving stolen goods for six months before you was discovered? - That was the only time I was in business for myself.

Mr. Garrow. And that was the only trade you carried on? - No Sir, it was not; I had not any promise of making a full discovery; I was not charged with any thing; when I came before Sir Sampson he asked me if I knew Higgins? I told him yes, and Grose; Townsend came to me, and said Sir Sampson wanted me.

That is the usual way? - I might have gone away if I had chose it, but it would not do for me to leave my country on such a thing as this.

Mr. Garrow. You added last, that you found it necessary to fix somebody with every article that was found in your possession? - That I found it necessary; yes, I certainly did.

That unless you could get rid of every article of stolen goods found in your possession, traced or to you, you would be in danger? - If I was the most the most vile person in the world, what punishment should I deserve to fix on an innocent person.

A punishment that the laws of this counttry do not impose on you; how long have you been connected with Saunders; - I have known him several years; I have sold him several articles.

Did you use to sell your plate to him to go to Holland? - No, certainly not.

Who is the person who took your plate to Holland, Davis? - I never sold any thing to Davis in my life.

How many times may you have sold articles to Saunders? - I cannot tell how many times.

Did Saunders know you was a common receiver of stolen goods? - He might know.

Did not he know it? - Well, he did know.

He knew it from you? - There is not the least doubt of it; I look upon it I know the value of these things as well as any man in England. I look upon the utmost value of them to be four guineas, or four guineas and a half.

Court. Giving the full value makes no difference.

Did you tell Saunders that those articles you sold to him were stolen? - From our connection he could not doubt of it; I did not tell, my Lord, last-night, that I sold plate to go to Holland.

EMANUEL SAUNDERS sworn.

What are you? - A dealer and Chman; I know the three men but not the woman; on the 28th or 29th of November, as near as I can recollect, some things were brought to me; they brought me an enamelled ink stand, a pair of scissars, with silver bows and a silver sheath, and many other things, that was the three men prisoners; I sold the plate to a man that went abroad; I have no part of the property but the ink stand and the scissars; the ink stand I intended to keep for myself, and the scissars

I gave to my wife; but, by the orders of Sir Sampson, I now produce them.

What did the three prisoners say? - They told me they came out of an uninhabited house in Westminster, but they did not tell me where; they said they got in by way of a false key.

(The scissars and ink stand produced.)

What did you pay for the things? - I cannot rightly tell; they asked me twelve guineas, and I gave them six.

Mr. Garrow. How came they to tell you these things came from an uninhabited house? - I do not know.

Did not that surprise you? - No.

Where do you come from now? - I have not been in prison.

You have been here very often before? - I never was in this court before in my life, nor before any Justice; I never was examined before; there might have been another man of the name of Saunders, but it was not me.

How long have you been acquainted with Fleming? - About six months.

You and he have dealt together in stolen goods for six months? - I know nothing at all about it; I have been acquainted with him, and have had dealings with him.

In stolen goods? - Stolen goods! we never ask that question; Fleming never told me the things he brought to me were stolen, nor told me the places they were stolen from; he never told me any thing.

How came you to send the things abroad? - When I have a parcel of things, I always send them to people that send them abroad; I never was in any court, nor before any Justice; I am not in custody; I went voluntarily before the Justice, I came up on account of Fleming; I knew nothing of this affair at that time; Sir Sampson knew nothing at all about it.

Do you know the prisoner Grace Maddox ? - I knew her, but I never had any dealings with her.

Do they live together? - I cannot rightly tell.

Court to Jealous. Do you understand so? - Grose is a married man, but I understand for some time he has cohabited with Grace Maddox ; and Grace Maddox, at that time, said the table-cloth was her property.

(The napkins deposed to by Martha Brewer .)

And the table-cloths are the property of Mr. Wilcocks; these sheets are my master's; I know these scissars to be mine; and likewise that ink stand.

PRISONER MADDOX's DEFENCE.

I was going to market on Saturday night; I called at Fleming's house, and I said, I must buy me a new pair of shoes; and he asked me to take that bundle to Mrs. Burkitt's; I took it down and he followed me; he told me to take them up one pair of stairs backwards; he opened them before me; he gave me two old table-cloths to make a a pin-afore; then Grose came from his work; he came into the lower room; he never was up stairs near the rest of them; I went from Mrs. Burkitt's to my own house, and had supper; and Jealous came in about twelve o'clock; we were at supper, and the table-cloths lay on the bed.

PRISONER HIGGINS's DEFENCE.

I was sitting the whole day, and at night with Mrs. Burkitt at her fire side; I had drank Tea with her that evening; and on the Saturday night likewise.

PRISONER GROSE's DEFENCE.

I know nothing of the man.

(The prisoner Grose called eight witnesses who all gave him a good character.)

PRISONER HOLDEN's DEFENCE.

Being in such a predicament, I was ashamed to ask any friends; I never was before a Justice before.

Graace Maddox. I thought my trial would not come on till the afternoon, so I did not send for any body.

WILLIAM HIGGINS , JOSEPH HOLDEN , THOMAS GROSE ,

GUILTY .

Transported for seven years .

GRACE MADDOX , NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Court to Grace Maddox . Although you have been very properly acquitted, yet you are so well known to me and the court, having been frequently tried before, and once capitally convicted, and received his Majesty's pardon, that I shall order you to be detained till next session, to be tried for receiving these goods, knowing them to be stolen.

Reference Number: t17871212-70

75. WILLIAM GRANT , alias GOLDSMITH, alias COOKE , was indicted for stealing, on the 12th of November last, a feather bed, value 30 s. a cotton bed curtain, value 6 s. a pair of sheets, value 8 s. a rug, value 2 s. a tea-kettle, value 2 s. a saucepan, value 2 s. a flat iron, value 6 d. and a candlestick, value 6 d. the property of James Casswell , in a lodging room .

NOT GUILTY .

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

Reference Number: t17871212-71

76. FRANCES FIELDING was indicted for stealing, on the 29th day of October last, a woollen blanket, value 4 s. two sheets, value 2 s. a linen pillow-bier, value 6 d. one pillow, value 2 s. the property of Morris Pettley .

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17871212-72

77. THOMAS JONES and ELIZABETH ROUSTER were indicted for burglariously and feloniously breaking and entering the dwelling-house of William Phillips , about the hour of seven in the night, on the 15th of November last, and burglariously stealing a man's cloth coat, value 20 s. a hat, value 6 s. a pair of breeches, value 6 s. a pair of base metal knee buckles, value 2 d. a hat buckle, value 2 d. half a yard of silk ribbon, value 1 d. a shirt, value 1 s. a pair of stockings, value 2 s. a waistcoat, value 6 d. a handkerchief, value 2 d. two caps, value 2 d. a tin box, value 4 d. a tin cannister, value 1 d. a flat iron, value 6 d. a pair of bellows, value 1 s. an apron, value 2 s. and one pencil case, value 1 d. his property.

BOTH, NOT GUILTY .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17871212-73

78. JOHN HARDINGE was indicted for burglariously and feloniously breaking and entering the dwelling-house of Jabez Ward , about the hour of eleven in the night, on the 15th of October last, and burglariously stealing therein, one spring dial clock in a wooden carved frame, value 5 l. his property.

SAMUEL MATLOCK sworn.

I am servant to the Westminster-hospital, Mr. Ward is the master of that hospital , and apothecary , I live with him in the same house; on the 15th of October last, the Westminster hospital was broke open, I believe it was after the family was in bed.

JOSEPH BENNETT sworn.

I live in the hospital; I was in the room from six till ten, and the dial was in the room; I saw the dial about ten that evening; I went to bed then.

SMITH KEMPSON sworn.

I am a pupil in the hospital; I came home about twelve, the dial was gone, but I did not suspect it was stolen; I saw the window open in the middle of the room, the place where the dial was; the window opens into the garden, the garden is surrounded with will and paling.

Then any person might get over it? - Yes.

How high were the pales? - I fancy about six feet, the other side of the pales goes into the Row just by the Infirmary, it is a room we always sup in at night.

Court to Bennett. When you went to bed, at ten was that window open? - No, it was shut when I went to bed.

Did you leave any body in the room? - There was no person in the room, there were nurses in the ward; the night nurses they could get into the room if they pleased.

Court to Kempson. Did you see any body in the room when you came home? - No, the nurse came with me with a candle.

Ward is the house-keeper, were not these his particular apartments? - No; this room is for the use of the gentlemen and Mr. Ward if he chooses; it is the court room, we generally sit in it.

Whose property is this clock? - I cannot say.

Mortlock. Mr. Ward gives security to the stewards to account for all the goods in the house.

How do you know that? - By the standing orders of the house, and the declaration of Mr. Ward.

Is that for the property in his apartments? - For the property of all the goods.

Suppose there were to be any beds stolen from the sick wards would he be liable for them? - He would be accountable by the standing orders.

(The order shewn to the Court, the 4th and and 22d article.)

Court. There should have been another count laying it to be the house of the governors.

You have no evidence of another person being near the place? - No.

JOHN TOWNSEND sworn.

I received this dial from Fleming, it has been in my possession ever since.

FRANCIS FLEMING sworn.

About seven or eight weeks ago, Charlotte Cooper , servant to Mrs. Burkitt, came to my house, and desired me to come to Mrs. Burkitt's immediately, (The other witnesses ordered out of Court.) in Duck-lane, Westminster, this was after ten at night; I went down in about two or three minutes after; when I went there, there was a dial laying on the bed; I asked Mrs. Burkitt what she wanted; I do not know whether she said there was a dial or not; but Hardinge, the prisoner was there and sold it to me for a guinea; Mrs. Burkitt was at supper, and one Joseph Holding was in the room at the same time, and the maid was present; when I gave the information to Sir Sampson, I told him of this dial, and of whom I bought it.

Did you do it voluntarily? - Yes, before I was sworn in as an evidence.

Before you was in custody? - No; I comprehend I was in custody as soon as the officers came to my house.

CHARLOTTE COOPER sworn.

I am servant to Elizabeth Burkitt; I remember in October last going to Fleming's; I went on the errand that John Hardinge the prisoner sent me on, he was at our house, it was in order to ask Fleming to buy a clock; he gave him a guinea for it.

Did Fleming go? - Yes; I was present when it was sold, but I did not go up stairs.

ELIZABETH BURKITT sworn.

I did not send to Fleming, the prisoner lodged at our house, and he sent for Fleming, and Fleming came to our house, and said, he wanted him; Hardinge brought in this clock, I cannot say whether it was Monday or Tuesday.

When was the 15th of October? - On a Wednesday.

Did Fleming come there? - Yes; he gave a guinea; I do not know how the prisoner got his living, he used to go to market; he had a jack-ass and he had it backwards in my house.

Was he in his lodging the night before? - I cannot tell that.

Mortlock. I verily believe this is the clock; the maker's name and size correspond; it was in a frame, the frame is gone; I wound it up for seven years; it is not numbered at all; the key exactly corresponds to it; Duck-lane is about a quarter of a mile from the hospital; I cannot say I ever saw the prisoner before I saw him at Sir Sampson's; the key fits it exactly; the case was taken away with it, and this part of the ornament was broke off and left behind; they were such ornaments as that clock had; they were found on the ground next to the hospital where the window of this room opens into; the apothecary has a right to occupy all the rooms.

Does the apothecary pay any tax for the windows of this room? - I do not know; I rather conceive it is paid by the stewards, I believe they pay the taxes of the whole house; Mr. Robinson the clock-maker is dead.

PRISONER's DEFENCE.

I know nothing of it; the man is likely

to swear my life away as well as any body's; I have no witnesses.

GUILTY of stealing .

Transported for seven years .

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

Reference Number: t17871212-74

79. WILLIAM WATSON , WILLIAM HIGGINS , GEORGE TODD and WILLIAM BROWN , were indicted for burglariously and feloniously breaking and entering the dwelling-house of Thomas Mason , about the hour of ten in the night, on the 10th of September last, and burglariously stealing therein, seven yards of printed cotton, value 20 s. a printed cotton gown, value 10 s. one linen ditto, value 5 s. a dimity bed-gown, value 5 s. a dimity petticoat, value 3 s. a muslin apron, value 3 s. a muslin handkerchief, value 3 s. a petticoat ditto, value 2 s. a table-cloth, value 8 s. three quarters of a yard of muslin, value 5 s. four yards of thread lace, value 4 s. eleven shirts, value 48 s. six teaspoons, value 6 s. four shifts, value 10 s. 6 d. one guinea and one half guinea, and fifty shillings in monies, and seven hundred and twenty copper halfpence, value 30 s. his property .

THOMAS MASON sworn.

I keep a public-house in Duck-lane ; I happened to go out in the morning on the 10th of September last, at eleven in the forenoon, I did not return till the day following; I left word with the maid that I did not know, (having a friend with me,) whether I should be able to return till the next day; when I returned the next day, I found the window of the closet had been broke open and all the things taken away which my wife can give a more particular account of; the money that I had taken for three weeks was all taken away, but a few halfpence out of one of my drawers.

ANN MASON sworn.

I am wife of the prosecutor Thomas Mason , we keep the Ship, in Duck-lane, I was not out all day on the 10th of September, I was the last person that was up that night, I shut the door, and it was all safe and secure when I went to bed, but it was broke open before I went to bed; there were some people in my house on the Monday, the house had been broke open before on the Wednesday, and I set a man to watch every night; I desired the man to go to bed and wait till I went to bed, and then I would call him up; my husband was from home; the man went to bed, and before I went to bed which was about eleven, I found the house had been broke open near upon ten; I was asked very particularly, whether I was sure my husband was out, by a person whose name is Bullen, I have seen all the prisoners in my house, they were all in and out of my house that night; I know them all; I know their names; I did not know Todd's name till after he was taken; I did not suspect them in the least; they did not frequent my house, but they called now and then, they always behaved civil in the house; I knew Todd by sight, being a lodger of Mrs. Burkitt's who lives opposite to me, but his name I knew not.

Had that person you employed to watch your house been watching it that night? - After he had finished his work he came home, and he said, Mistress, will you want me to night? he had been sitting up four nights before; I told him he might go and come down about ten, he had not been on the watch in my house that night; when I went to go to bed, I found myself fastened out of my bed-room, the door was bolted within; I went down and I called the watch, the watchman came in, I told him to open my door; there were people in the tap-room, I cannot say whom; they told me I was a foolish woman, for my husband was certainly in bed, and had bolted me out for fun; the watchman opened the door, and I at first found nothing amiss; I discovered only one small drawer taken; I

ordered my doors to be shut, and I found I had been robbed of my money, silver and gold; some loose halfpence lay on the table, and the articles mentioned in the indictment; there was an empty house next door; and under the window, the next morning; when I arose up early, I picked up some loose halfpence and farthings, I made it a point to go up in my bed-chamber three or four times after the first robbery, and I particularly watched my windows, and the closet window was fast at candle light that night; I had not seen the things that evening; the linen was not all put up; there was a basket of linen laid that had not been meddled with; I know the window was fast, when I put up my parlour shutter at candle-light; I first saw my things at Sir Sampson Wright's.

MARGARET BARLOW sworn.

I bought this piece of cotton of Mr. Fleming; I know nothing of the prisoners.

(Deposed to.)

FRANCIS FLEMING sworn.

The prisoners were apprehended in consequence of my information, all but Higgins, he was apprehended before; when I was at Sir Sampson Wright's on Sunday the 2d of December, I told Sir Sampson I had dealt with the prisoners, and what things I had bought of them; I told him that I had bought the several things mentioned in the indictment of them; but neither of the prisoners brought the things in my house; they were brought in by a person who calls herself Sophy Brown , every thing mentioned in the indictment except the tea-spoons; she left them, she went away directly, and said nothing.

Who is Sophy Brown ? - I believe she has a connection with the prisoner Brown, but I do not think he is married to her; presently after Todd and Watson came into my shop, that was on Monday evening the 10th of September, between nine and ten; about two or three minutes after, Higgins and Brown came into my street-door, and went into the parlour, while Watson and Todd were in my shop, and Higgins and Brown in the parlour; I looked at the things mentioned in the indictment, except the spoons; after I had looked at them, Higgins and Brown came into the shop; there was one John Vanderberg in the parlour; I believe Brown went to the parlour again to him; then there was Higgins, Brown, and Watson in the shop; they were on one side, and I on the other; after I had looked at them, one of the three asked me the price of them, and they asked me three guineas for them.

Did they say they were their own property, because they were brought in by another person? - I apprehend I am not at liberty to give my opinion on that subject; but they asked me three guineas for those things which Brown had brought in; that was more than I could afford to give; I gave two pounds seven shillings and sixpence for them; while I paid for them, Brown came into the shop; then they went away.

Who took the money? - I think it was Todd; but I will not venture to swear that; there was a division of the money in my shop; they all went away at one time; I have sold the gowns, and I think all the other things; but I am sure of some to one Saunders, a Jew; and I believe one of the gowns he has to produce; he had one of them by him, and I sold these seven yards of cotton to Mrs. Barlow.

Was that piece of cotton a part of the property you bought of the prisoner? - It is impossible for me to swear to this; it is a common pattern, but I sold Mrs. Barlow seven yards of the same pattern and sort of cotton.

EMANUEL SAUNDERS sworn.

I purchased some things of Mr. Fleming, and one gown I have left here, what I produce; I cannot recollect the time I bought it.

Fleming. I do not think it is in the same state it was when I sold it to Saunders; it has been picked to pieces.

To Saunders. Has it been altered at all? - No, it has not.

Fleming. I sold him a gown of this pattern, and I think it had the stain in the back, which is in it now.

Mrs. Mason. I swear this to be my gown, I described the mark in it at Sir Sampson's, before it was open, which is a mark of blood in the body of it, and there it is.

Prisoner Brown. That woman that you mention might be a principal, and we might be accessaries after the fact: Did I ever sell you any thing particularly, or ever call at your shop, any otherwise than to pledge my things? - Todd and Watson came into the shop, and Higgins and Brown went into the parlour; then they came into the shop, and after the money was paid, they all went away together.

Prisoner Watson. Did I ever sell you any thing? - Yes.

Fleming. The next day he came into my shop and bought a pair of shoes, in the presence of Ann Bullen , and was talking about the things.

JOHN TOWNSEND sworn.

I know nothing of the robbery, but I found this blue and white pullicat handkerchief Vanderberg's and Keep's.

Fleming. This is the handkerchief that came with the goods.

Mrs. Mason. I will swear this to be mine, by my washing, and not perfectly washing the corner clean, and I have another to match it.

Townsend. Keep said before Sir Sampson that he did buy this handkerchief of Fleming, but he said he did not know how it came.

Prisoner Brown. You heard the next morning that this house was robbed; your house was searched for it; was it not? - It was searched in the presence of Saunders, and the property was not found there on the Monday morning.

THOMAS YOUNG sworn.

I watch in Duck-lane; on the 10th of December, just as the clock struck ten, I was crying the hour; and as soon as I came to the door; the lady of the house called to me; I went and broke open the door by her orders; the door was bolted; says she, you shall break it open, if you break it in pieces; when I broke open the door, we went into the closet, and the closet casement window was open, and hanging on one hook, and the glass was broke where they undid it; I observed nothing about the house; we did not come on until ten at that time of the year.

PRISONER WATSON's DEFENCE.

I know nothing of it; I was drinking at the house with a young fellow till about half after ten, and the young fellow went home with me, which is one hundred and fifty yards below there; I went there every day; I was there from six o'clock; I always went there whenever I had seven farthings to spend; and if not, Mr. Mason would always trust me with a pint of beer.

PRISONER HIGGINS's DEFENCE.

I know nothing at all of it; I went to this man's house, and slept there; at the same time I was not at the house in Duck-lane; I was at Watson's lodgings that night.

GEORGE TODD 's DEFENCE.

I never sold Mr. Fleming any thing in my life; I was not in Westminster the night this thing was done, but I cannot recollect where I was; I lodged at Clare-market at my sister's; I did lodge at Mrs. Burkitt's.

PRISONER BROWN's DEFENCE.

I was in the house that same afternoon, about half after eight; I asked Mrs. Mason what it was o'clock, and she told me half after eight.

JOHN JONES sworn.

I know the prisoner Watson, I was in company with him that night; he and me and another young lad and a man's wife were at supper together at the prosecutor's house; we staid there till; tea; we both went home to bed directly.

Do you live together? - No; I parted with him just at his own door in Duck-lane; I live opposite this public house; it is not far off.

Then you was present when the Watchman came in and broke open the door? - Yes, I was eating my supper at the same time, and he was with me.

Did you go up stairs with them, or did you see any thing that was going forward there? - No Sir, I eat my supper quietly; I did not interfere at all in it; I left him at his own door.

Court to Mrs. Mason. This boy, John Jones, who was last examined, says, he, together with Watson, and a woman and man, was at supper at the time the watchman came in, and went up stairs? - Not to my knowledge; it is common for people to bring their victuals and sit in the tap room to supper; when I called in the watchman at ten o'clock, I instantly ordered every body to be turned out; I do not remember this boy Jones to be there the whole evening.

Do you know that boy? - Very well; he lives just opposite; I will not swear he was not there, but I do not remember him.

Jury to Fleming. Was the woman Sophy Brown ever in custody? - Yes; she was taken; she denied bringing the property to my house, and then Sir Sampson discharged her; I do not know for what reason she denied it, but she did deny it.

Jury to Fleming. Was there no body in your shop but yourself? - No Sir, Mr. Vanderberg was in the parlour; I do not think he heard any thing that was said.

Court. This depends almost entirely on the testimony of Fleming.

WILLIAM WATSON , WILLIAM HIGGINS , GEORGE TODD, WILLIAM BROWN ,

GUILTY, 39 s. Not of the burglary .

Each transported for seven years .

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

Reference Number: t17871212-75

80. JOHN DURHAM , JOHN READING , JOHN HARDING , and JOSEPH HOLDEN were indicted for feloniously stealing, on the 26th of September last, a silver pepper castor, value 20 s. a spoon, value 2 s. a mustard pot, value 2 l. the property of William Barker , in his dwelling house .

WILLIAM BARKER sworn.

I lost the things mentioned in the indictment, on the night of the 26th of September, or the morning of the 27th; I first missed them on the morning of the 27th, between eight and nine in the morning.

Where had they been before? - They had been in the bar window the night before; I put them there myself.

Was there any of your fastnings of your house and bar broke? - No, not that I know; I set these things in the bar over night; when I went to bed they were there; my house was fastened on the over night; I found my house exactly as I left it, except these things that were gone, but how I cannot possibly tell.

Are you sure they were there when you went to bed? - I will not take upon me to say that they were there till eleven or twelve o'clock; I had occasion to go out late to the watch house; I did not see them when I returned; they might have been taken before I went out; there was a mustard pot found in Mr. Keep's house; I was not present when it was found; I have been it since; I have never found any of the other things; I never saw any of the prisoners till I saw them in Bond-street.

PATRICK MACMANUS sworn.

I went along with Townsend to Keep, and I saw him deliver it to Townsend; I found no part of this property but at Keep's.

Court. Now I see there is a remaining witness of the name of Fleming? - Yes.

I must ask you for the information of these gentlemen, who are not yet acquainted much with the situation in which he stands; he was apprehended for another distinct fact, for being supposed to have some stolen goods in his possession? - He was apprehended

in consequence of some things found at Mrs. Burkitt's

And originally on her information? - Yes; she said some things belonged to Fleming.

When he was examined I believe he acknowledged these things and offered to make discoveries if he could be admitted as an evidence? - Yes.

The magistrates thought proper to admit him, on condition that he would make a full disclosure; and keep nothing back? - Yes.

In consequence of that he discovered a variety of robberies? - Yes.

In all of which he has been the receiver of stolen goods? - Yes.

Mr. Peatt, prisoner's counsel. I submit to your Lordship, that you will not call Fleming after this; there is no evidence against the prisoners except that of Fleming.

Court. I cannot refuse to hear Fleming's evidence, not prevent it's going to the consideration of the Jury, for, however they discredit Fleming, he is not charged as an accomplice in this fact, but as an accessary after the fact; the accessary is not an accomplice before conviction; an accessary is certainly a competent witness.

FNANCIS FLEMING sworn.

Have you any knowledge of this robbery? - When I was at Sir Sampson Wright's on the 2d of September, I told Sir Sampson what things I had bought of these men at the bar; and among other articles was the mustard pot, and other things; I believe there was a pepper castor; I remember the mustard pot exceedingly well, I bought this of the three prisoners between two and three months ago, I cannot specify the time nearer than that, I know the date of the indictment very well, but I do not know it was that time.

Where did they sell them to you? - In my own shop.

What time of the day or night? - Early in the morning before breakfast.

Were they all together? - Yes.

What did they say at the time? - That they had found these things, and a black cloak at the same time.

Which of them produced the things mentioned in the indictment? - I do not recollect, I am sure they were all together, I told Sir Sampson so. I do not recollect that they said how they came by these things, the mustard pot is here; I sold the pepper castor with some other plate to Mr. Blank, refiner, in Long-acre.

What did you do with the mustard-pot then? - I sold the mustard-pot to Mr. Keep; at his own house in Fleet-market.

How long after you had bought it? - It might be a fortnight or three weeks; none of the prisoners were present when I sold it to Mr. Keep.

Court to Townsend. Is that the mustard-pot you found at Keep's? - Yes, Keep gave it to me.

To Fleming. Is that the one you sold to him? - Yes, I believe it is; but it is impossible to swear to it positively, because there are others of the same sort; I sold him a mustard-pot of the same size and pattern; I verily believe this to be the same, but to say positively I could not; there was no glass to it when I bought it.

Did you attend to it at the time you bought it, and sold it, so as to know it again? - I marked the pattern, no otherwise, for I intended to have kept it for my own use.

It this the one you sold to keep or not? - Yes, I take it to be the same, I have no doubt of it, I never had one like it before.

Court. We have heard from the officers and from the counsel before, the situation in which you stand; you was admitted a witness on condition of making a full discovery of all the property that had come to your possession? - Yes, it was.

I think you said, on a former occasion, that you had been in business about five or six months, and made it a practice of buying goods of people that you knew to be stolen? - Yes, I did.

What house does the first witness keep? - I never was at his house in my life.

You was not at his house the day the things were missing? - No.

To prosecutor. Do you know Fleming? - No, I never saw him, till I saw him at Bow-street, to the best of my knowledge.

(The mustard-pot deposed to.)

What is the value of that alone? - I gave two pounds four shillings for it.

Fleming. That pot could not have been traced unless I had made a discovery.

Prisoners. We know nothing of it.

ALL, NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17871212-76

81. RICHARD DYKE was indicted for feloniously stealing, on the 12th day of November last, one razor made of iron and steel, value 10 d. and a tin snuff-box, value 2 d. the goods of Thomas Read .

THOMAS READ sworn.

I live in Cheapside; the prisoner was a servant of mine about six months; he gave me warning to quit my service then; I told him I was not yet provided, I believe it was six or seven weeks ago, I wished him to stay a little time till I was provided; he came to me on the 5th of November, and said, he had been with me six months, that he was engaged to go learn a trade with a person, and that he could not possibly continue any longer with me; I told him to bring his box, and I would settle with him and pay him his wages; he said he had removed his box a fortnight before into Fann-street, Aldersgate-street; I said, as you have removed your box, without asking me to look into it, and having reason to suppose he had wronged me of different things, such as laying out money in the house, and so on, I told him I would go with him to the place where the box was; I asked to see the box, because I had my suspicions, that he had robbed me at different times; he immediately made no objection, he said by all means; I went with him to St. Martin's-Le-Grand; he said it was necessary for somebody to go along with me to look at the box; he did not chuse to let me see it alone.

Did any body go with you? - I told him I did not think it was material; but that I would call upon a friend and take him along with me; I called on a person, he was just at dinner, and as his people were from home, he could not go; the prisoner and me went to Bartholomew-close, to my brother-in-law's, he was at home, I went to the house, and the prisoner stood at a little garden gate; he run away, I went after him, he got there ten minutes or a quarter of an hour before me; I then sent for a constable and had his box opened, I found nothing of my property in his box, but this razor and a snuff-box; they were mine clearly.

Are there any marks on either of them? - Yes, there are.

(Produced.)

Court. By what mark do you know the razor or the snuff-box to be yours? - I know the razor to be mine, by the name upon it, I had four, but they are gone.

What name is upon the razor? - Pearson; it is a French razor.

But he makes a great many besides yours? - Yes, he does.

Jury. Is there any private mark of yours upon it? - Yes, Sir, there is a cross.

Court. Did you buy it in Paris or in England? - I bought four of them in a case; I know the snuff-box by having it in my compting-house these two years past, with snuff in it; I never missed it till I found it in his box.

There is no particular mark upon it? - There was a particular scented snuff in it; it was in it when it was found.

Jury. Did you suspect this boy before? - I suspected he had wronged me.

How could you wish to keep him? - Because I was not provided.

Court. What did he say when these things were found in his box? - He said the razor was given him by a French gentleman, that I had in my house.

Did he mention the name? - Yes, his name is La Belmontier; he has varied in that account; he then said he found the razor among some rubbish, (that was to one of my servants, not to myself.)

Did he say any thing about the snuffbox? - He said he looked upon it as of no consequence, and he took it.

Mr. Sylvester, Prisoner's Counsel. This man whom you suspected so much as a thief, when he gave you warning, and told you, he was going to learn a trade, I believe he told you who he was going to live with? - No, he did not.

You asked him to stay with you? - Yes, it was only a few days before.

How came you to desire him to remain in your service till you got a servant? - I could not do the employment I wanted them to do; I suspected him a few days before.

How long did he continue with you after he gave you warning? - There was a month's warning; he continued all that time, and about a fortnight.

Was that before the officers came in from the Custom-house or Excise? - No, it was after; I do not know that any officer of the excise came in at all.

What, were they Custom-house officers? - I believe they were.

Do you not recollect the day? - It is a small occurrence, having five hundred or six hundred pounds seized.

The young man was a servant in the house then? - Yes.

If he is convicted of your petit larceny, he cannot be a witness? - I do not know that it it will come to trial.

What, is it made up? - No.

It is nicely contrived, the old razor and the tin box, a very clever thing; you know if he is convicted, the crown cannot call him as a witness? - I do not know that, if it is so, it is my own bringing on.

Is not it so as I say? - It is not.

Then will you give us some satisfaction how you could desire a man to stay six weeks in your house? - It was only two days before that that he told me he could not stay, he was not going to learn any trade at all, I can swear that, and I will call a person that will prove it; Mr. Keene told me so himself.

How long had you missed this razor before? - I had missed four of them for nine weeks.

There is a mark? - Yes; long before they were taken out of the box; I put the same mark on them all when I sent them to be set.

Jury. What, was it done with a knife? - I cannot tell; it was a knife or fork.

Now as to the tin box, there is no mark upon that? - I know it to be mine from the scent of the snuff, from having it a long time in my possession.

The man told you where his box was? - He told me it was in Fann-street, but not where.

And he desired you to have somebody with you? - It did not strike me as odd in him, but that led me to get somebody with me.

The constable was present I believe? - The woman of the house was there.

How many days before you went to search this box had the officers of the customs been at your house? - Six weeks or more.

And yet if he would have staid, you would have kept him? - No, only till I had provided myself with a servant, which was to have been in a few days; I engaged a servant.

Are any of your servants here? - Yes, several of them.

Do you mean to call any of them? - They can be no evidence for me at all; they were not present when I took him up.

Have you never declared you would not prosecute him if you did not suspect he would be a witness against you? - Never.

You have never said so? - No.

Then you never said that all you wanted

was to confine him till the cause in the Exchequer was over? - No, never, clearly, not to my knowledge.

Will you swear you never did? - I never did.

In no way at all? - No, I never declared that.

Do you know Elizabeth Draper ? - Yes, she is a servant of mine.

Did not you declare so to her, and in her presence? - No, never.

Do you know Susannah Fencer ? - Yes, she is a servant in my house.

Did you never declare so to her? - No.

Do you know William Jones ? - He is my shopman.

Did you never let the cat out of the bag to him? - There was no cat to let out, the goods are all regular, and it was an unlawful seizure.

That is to be tried.

Court. When was this seizure? - Before the time the prisoner gave warning.

Who gave warning? - The prisoner.

WILLIAM ADAMS sworn.

I searched the prisoner's box, the gentleman picked the things out of the box himself; I saw them found.

What did the prisoner say about them, when they were found? - He said they were his.

Did he say how he came by them? - Nothing particular that I can remember.

Did he say they were both his? - He said they were both his.

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

Then he did not say of the tin box that he had taken that, because he thought it of no value? - No, I did not hear him say so.

Mr. Sylvester. What are you? - I am a constable; my house is facing where the box was, and being so handy he sent for me.

Who gave you the key of the box; who was present? - Mr. Keene was present; I did not see them open it, but I found it open when I went into the room, the lid was put up, I was behind the prosecutor about a yard.

You did not see the lid lifted up? - No, I did not.

Where was the lad? - He went up with his master and me both.

Who went in first? - The gentleman and the young man went in both.

Do you mean that the box was open before the prisoner went into the room? - I do not know.

Had he time enough to open it, before you went into the room? - Yes, he had.

If I understand you right, the prosecutor and the prisoner went in first, and Mr. Keene and you after? - They were close together, not a minute difference.

Then he had no opportunity of opening the box without his master? - None that I saw.

Where did you see the prisoner first when you was sent for? - In the house where he lodged, he was below stairs in the house when I went in.

Did you hear him called down stairs? - No, I did not.

THOMAS EMERY sworn.

I know nothing of the matter, any further than this Constable brought the prisoner to Guildhall to me.

ROBERT KEENE sworn.

This young man, the prisoner, I have known about a twelvemonth, he lodged in my house, I never suspected any thing, nor I lost nothing, his character was good; he came one day, as he often came, and said he was coming away, he had given warning; I told my wife that if the young man had a mind to learn my trade, I would learn him; I did not mention any sum of money, because he was a particular acquaintance of my wife's, I meant to take him very reasonable; the prosecutor said he run away from him; he came to my house, I believe the door was a-jarr, my wife was in the shop with me; he came into the shop, and said, I would not have you be

surprised, because my master is coming to search my box; my wife is subject to fits; so in the space of ten minutes, a person knocked at the door, I believe my wife let him in, that was the prosecutor and his brother-in-law, so then the prisoner came out in the shop along with me; he had not been any where else but in the shop all the time.

Did you tell Mr. Read you did not intend to learn this boy your business? - I never spoke to Mr. Read about it.

The master has told the Jury, on his oath, that he believes the boy went up stairs to take things out? - No, Sir, the box was open before, he never minded the box being locked; but the door of the room was locked, and my wife had the key, and gave me the key; I have known the young man about a twelvemonth, a very honest character he had by every body; I am a master carpenter in Fann-street.

Was you present when the box was searched? - No, I was in the kitchen talking to his master's brother-in-law; Mr. Read, the constable, and this young man all went up together; he came without any authority, he had no warrant to search my house at all.

When did your wife give the young man the key of the room? - She gave it to the gentlemen when they went up to search.

Do you recollect that perfectly? - I believe she might give it him.

Prisoner. I have gentlemen here that will give me a character.

(Mr. Read ordered out of Court.)

Jury. We are quite satisfied.

Court. If you are satisfied, I am; I had formed the same opinion before Mr. Keene was called, which he has confirmed.

NOT GUILTY .

SUSANNAH FENCER sworn.

Mr. Sylvester. Do you know Mr. Read? - Yes.

Did you ever hear him say any thing about this prosecution? - No, never nothing of the kind.

Mr. Sylvester. I mean to apply to the Court for a copy of the indictment.

Court. Have you any witnesses to prove any declaration of this kind? - The mischief of it is, they are all servants to Mr. Read.

ELIZABETH DRAPER sworn.

I am still a servant to Mr. Read.

You must speak the truth; did you ever hear your master make any declarations about this young man? - I heard him say, that he thought it was the prisoner that had informed.

Did he say any thing about his being a witness at all? - No.

Did he say any thing about confining him? - No.

Court. You have heard him say that he was the informer? - Yes.

Court. Then I shall give you a copy of the indictment; there is a strong circumstance in Mr. Keene's evidence, the wife delivering they key to persons who came to search, which ought to have removed from Mr. Read's mind, all impression of the prisoner's having gone before him, and which he ought to have stated in his evidence to the Court.

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17871212-77

82. JOHN GREENAWAY was indicted for feloniously stealing, on the 5th of December , six ewe sheep, price 8 l. one wether sheep, price 20 s. the property of Sarah Ball .

JONATHAN COLLINS sworn.

I bought the sheep at Swindon market in Wilts, for Mrs. Ball of Newberry in Berks; we came home the Tuesday, and put them in the meadow on Tuesday evening; I put them in myself, and on Wednesday morning they were gone; I found them at Turnham-green last Wednesday

was a week, I heard where they were by a coachman; they were scissars marked across the loins, I marked them myself after I bought them, I am certain of that.

Because unless they were particularly marked, you had but little time to mark them? - I marked them myself, I am sure the mark was the same, and one of them was brought up by hand; I found only five ewes and a wether, one is missing.

JOHN WALKER sworn.

I am a watchman the corner of Chiswick-lane, and about two o'clock on Monday morning, this prisoner came along with some sheep; I went over to him and asked him where he brought these sheep from; he said from one Mr. Stroud of Reading; I said, does Mr. Stroud employ you to sell his property? he said yes; I says to him, does not he send any more than these? he said yes, thirty; I said, what have you done with the rest? he said I have sold them on the road; I says to him, you stand still, and let me look at these sheep; I looked at them, and found the ewes butcher marked, that is clipped across the loins by scissars; I knew no grazier sends them so to market, because they ochre them; I told him they were stolen, I took him to the night constable; after that, he said he did not bring them from Mr. Stroud of Reading, but he stole them from one Peter Mills , of Marlborough; I have the sheep in my possession, at one squire Bishop's field; nobody came after them, I shewed them to the butchers all round that quarter; this man he claimed the property in them, and I shewed him the sheep, and went with him; the sheep I shewed him were the same I stopped on the prisoner.

PRISONER's DEFENCE.

My friends are not here; I bought these sheep at the other side of Reading, at Maidenhead.

Of whom? - I do not know the man.

GUILTY , Death .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17871212-78

83. THOMAS DUXTON was indicted for feloniously breaking and entering the dwelling house of William Wheeler , about one in the night, on the 21st of July last, and burglariously stealing therein, three silver tea-spoons, value 3 s. three table-spoons, value 30 s. the property of William Wheeler , and one silk waistcoat, value 30 s. the property of - Mitchell .

(The indictment opened by Mr. Sylvester.)

WILLIAM WHEELER sworn.

I keep a public-house at Isleworth , the Coach and Horses; the house was broke open about one, the 21st of July last; I went to bed about half after eleven, I was the last person up in the house, I left the house very secure, every bolt and lock I fastened safe; the maid servant got up first, she came and called me, I came down a quarter after five, it was quite light; then I found the barr door broke open, and the two cellar doors of an inside cellar, and a bureau had been opened; the people came in at the back cellar window, where we let in the butts; the door that was fastened with a staple and a chain, that has been the fastening these twelve years, that was broke open, and within side two more cellar doors open, and the box taken out of the inner cellar; of my own things I lost three silver table-spoons, two tea-spoons, and the things belonging to my house, and a silk waistcoat belonging to Mr. Mitchell, an attorney; the barr door was locked, I had seen the bundle in the course of the afternoon in the barr; my family consists of seven persons; I was not out in the course of the evening; Mr. Mitchell delivered me that bundle, I did not know what it contained, except what he told me, as it is so long ago as July; I never saw any thing that I was personally acquainted with before lately; I never was called upon to look at any thing from July to now.

Had you ever seen the prisoner at your house before? - I never saw him but twice, once when he was taken, and once in Bow-street.

CATHARINE PORTER sworn.

I was servant to the prosecutor, I was up at a quarter after five; I found the door of the house broke open, I called my master.

FRANCIS FLEMING sworn.

I know the prisoner some time; in the month of July, I cannot say the day, on Sunday morning the prisoner came to me, and brought me a waistcoat, together with a pepper castor, two or three table spoons, and a saucepan, and as much plate as weighed eleven ounces; there was a white handkerchief and some other things, for which I paid him three pounds seventeen shillings; the plate I had sold with some other plate, to Mr. Blank the refiner in Long-acre; that is the same account I gave to Sir Sampson.

Who was that waistcoat delivered to? -

I sold that waistcoat to one John Vanderberg in Fleet-market.

Mr. Garrow. Did you make any mark on the waistcoat before you sold it to Vanderberg? - I made a remark, but no mark.

Do you keep any book of your receiving stolen goods? - No I did not, I have no memorandum of the time, I know it was the latter end of July, for the first house I took, I did not like, as it was very inconvenient, because I thought of settling in another way of business; I am a single man, and I thought of marrying.

Mr. Garrow. It is very unlucky for the family you meant to honor with your alliance; you are the same Mr. Fleming that has been a receiver of stolen goods for six months? - I am the same Fleming that was examined before you on a similar occasion; I have no more to do this sessions.

Are you the same man that said this, that there are certain persons who know you to be a common receiver of stolen goods? - I signed that, that is my hand-writing.

Now my honest, worthy friend, Mr. Fleming, how happened it that you kept this a secret all the summer months, from July down to December? - I did not mean to disclose it, unless I had been compelled to it.

Unless you had been compelled to it by the danger of the gallows; I dare to say you was charged with nothing when you made this disclosure? - To my knowledge I was not; I know the situation I am in.

Hear the question and answer it; do you mean to swear, that at the time you disclosed this robbery, you was charged with no offence? - No; I certainly, Mr. Garrow, am well acquainted with the consequence; not that I know; that I swear.

Do you mean to swear now, that you was not charged with any offence at the time you made this disclosure? - I must take time to recollect that; I made some disclosures on the Sunday, and some on the monday; I cannot recollect which it was; I was first taken in custody on the Sunday morning.

Court. You was charged with somewhat then; was not you? - But I did not know it.

You might not know what it was for; but you was charged with some offence; upon your oath did you make this disclosure till you was charged with some offence? Not till I was in custody; I was in custody with the officers in Bow-street.

Now did not you know, at that time, that you were in custody for having goods in your possession, which, if you did not shift off from your possession, you was liable to be taken into custody, and hanged for? - You must excuse me; you speak too quick for me.

Did not you do this to save your own neck; did not you make the disclosure to save your own life? - I know my motive for making the disclosure; I suppose I must answer, Mr. Garrow, in the affirmative, for I know no better; I certainly made this disclosure to save myself.

One question more, and remember what you said last night; Do not you know, that unless you fix on some person every particular article of stolen goods found in your possession, that you are still in danger? - Be so kind as to repeat it; I know,

Mr. Garrow, that I must fix on the right person; I apprehend, Mr. Garrow, I am still in the same danger if I do not fix on the right person.

Then you are now swearing, in order to fix this danger on somebody else to save yourself.

Mr. Silvester. You say you did not mark the waistcoat, but you remarked it? - I will tell you, on one side there is a darn very near the pocket.

(Fleming ordered out of court)

JOHN TOWNSEND sworn.

I belong to Bow-street; I had this waistcoat at the house of Mr. Vanderberg and Keep's.

Mr. Garrow. Is Vanderberg here? - No.

Who gave you that waistcoat? - His wife.

Townsend. I believe I found it on the 3d or 4th of December.

- MITCHELL sworn.

I am an Attorney at Isleworth; on the 27th day of July last, in going to Oxford assises, I left this waistcoat, with several articles, with Mr. Wheeler, in a bundle; I am perfectly persuaded, from the darn that is here, this is the waistcoat, I left with him; it was made too long for me, therefore I desired the tailor might cut some off it, which reduced the pockets, and they are now exceedingly shallow, and the darn, I believe Mrs Mitchell made; I have not the least doubt in the world but it is mine.

Mr. Garrow. It was out of your custody from July to December? - Yes.

Mr. Silvester to Fleming. Look at that waistcoat? - Here is the darn; when I bought the waistcoat, the strings to the back were not there.

Mr. Mitchell. There were no strings in it when I lost it.

Mr. Garrow. How many scores of pounds may you have turned in stolen goods during the time you have been in business? -

Court. You are not bound to answer that.

Mr. Garrow. How much money have you turned in the course of your trade? -

Mr. Silvester. He is not bound to answer that.

Mr. Garrow. How many waistcoats have you bought in the course of your trade? - I cannot tell.

Can you tell whether you have bought a dozen? - I cannot tell; I have a number of white ones that I bought in the summer time; it is impossible for me to say; if I was to say any particular number, I am sure I have bought half a dozen.

A dozen? - I cannot say.

Can you tell the particular description of all the waistcoats you have bought, and all the marks you have had to them? - That would be impossible; I kept this waistcoat two days in my house; I was courting a young lady before that.

They coveted the alliance no doubt? - That does not advert to the business, therefore I must address his Lordship; I sold it the ensuing week after I had it.

Prisoner. I leave it to my counsel; there has been a great many very infamous paragraphs inserted in the papers, I hope that will have no weight on you, my Lord, and the gentlemen of the Jury.

NOT GUILTY .

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

Reference Number: t17871212-79

84. JOSEPH PERCIVAL was indicted for stealing, on the 2d day of October , one linen gown, value 10 s. one pair of linen sheets, value 8 s. and two guineas in gold, value forty-two shillings, the goods of William Cottrell , in his dwelling house .

ELIZABETH COTTRELL sworn.

I am wife of William Cottrell; on the 2d of October I was out between eight and

nine in the morning; I left my child at home, Mary Cottrell , she is turned of 11; I left nobody with her; I am a housekeeper; I have lodgers in the house, but I did not leave them in care of the house; I locked my bed room door; it is but a shop and a bed room, and I left the child in the shop; I returned between four and five; I saw the things pulled about; I missed two guineas, a gown, and a pair of sheets from my bed room; I took the key from the mantle shelf, went into the bed room, and missed these things; the key was in the shop when I went out; the sheets were in the closet when I went out; the gown in the box just by the window; there were some trifling things in the box which were not taken; I found no body at home when I came home; the prisoner lives a little distance from me; I know the man by sight; he lives in Tothill-street; I live in Strutton Ground; he is a constable; he keeps an iron shop; I keep a clothes shop; I looked about the place.

Mr. Garrow, prisoner's counsel. You are the wife of William Cottrell ; are you? - Yes, Sir, I am.

You keep a rag shop? - Yes Sir, I do.

You know this man by sight? - Yes, I do.

Just know him by sight; never no acquaintance with him? - None at at all, never.

You told my Lord he was a constable? - Yes, Sir, he is.

Now how often, upon your oath, has he searched your house for stolen goods? - That was the third time, but I never had any acquaintance with him at all.

How long is it since he found all the saddles and the seats of the sedan chairs at your house? - Never in my life.

Not in the Plant? - Never.

Did not he himself find out the Plant in which you kept the two new saddles, and twenty-seven sedan chair seats; he never found these at your house in his life? - Never at my house in this world.

Never in your house; where did he find them? - No, he did not in my house; is there any body here to prove it?

Whose property were they? - I don't know.

In whose custody were they when he found them? - In Mrs. Young's.

Honest Mrs. Young! How far was Mrs. Young's house from yours? - Mrs. Young lived in Peter-street; I knew her very well.

You had nothing to do with these things? - No.

That you swear? - Yes.

Court. You cannot ask this woman whether she received stolen goods.

Mr. Garrow. Now, Mrs. Cottrell, had you nothing to do with them? - I never had.

You knew nothing of them? - I knew nothing of what she had got in her place.

How lately before this had he searched your house for stolen goods? - May be two years agone.

Do you mean to swear that he had not searched your house for two years? - I cannot justly say when it was.

Was it a year? - I cannot say.

Was it six months? - It is last summer was twelve months when he searched it last.

Is your husband here to night? - He has been in the hospital these eight weeks.

He is very ill? - Yes.

Very ill since the business of the cart; don't you know he is indicted for stealing a cart? - What my husband does I cannot say.

Your husband is indicted for stealing a cart? - I do not know that he is.

You never heard he was indicted for stealing a cart? - He is in the hospital.

What hospital? - In the Borough.

In St. Thomas's hospital? - Yes.

That you swear? - He was there.

When was he there upon your oath? - I have nothing to divulge about my husband.

Upon your oath when was he there? - Last Sunday.

You saw him there last Sunday? - Yes.

Do you mean to swear that? - I seed him on the outside.

When did you see him last in St. Thomas's hospital? - Last Sunday, I saw him on the outside of the gate.

Was he at that time a patient in St. Thomas's hospital, upon your oath? - Yes Sir, I believe it is St. Thomas's Hospital; it is in the Borough.

Will you swear he was in any hospital last Sunday? - I will swear it; I will swear he is very ill.

Was he a patient on last Sunday in any hospital in the Borough? - Yes Sir, he was.

That you swear? - I swear I feed him there.

Will you swear, that last Sunday he was a patient in any hospital in the Borough; give me an answer, yes or no? - I am but a foolish woman; he is there; he may be there now for what I know.

When did you see him last a patient in any hospital in the Borough? - Last Sunday.

Am I to take that so? - He was there last Sunday.

Did you see him there? - Yes.

In an hospital in the Borough? - Yes, I did see him in the hospital; he does belong to the hospital; he has belonged to it some time.

Court. Did you, last Sunday, see your husband in any hospital in the Borough? - I spoke to him at the gate.

Was he in the hospital? - Yes; I dont know whether he may be there now.

Court. It is easily known; it is a fact that will appear by the books of the hospital; and I tell you fairly that is a fact of a kind, which, if not true, you can be convicted for perjury on: therefore did you, or did you not see your husband in any hospital, in any of those hospitals as a patient last Sunday? - I spoke to him at the outside of the gate last Sunday.

When did you see him in the hospital last? - I can't justly say when it was.

How long ago? - It may be a month or two.

Is it a month? - It is more than a month.

In one of the wards of the hospital? - In the hospital I saw him.

Was he in one of the wards of the hospital? - I saw him walking on the outside.

When did you see him in the hospital, within the gate of the hospital? - I always send my girl to him.

When did you see him last in the hospital? - I can't justly say when it was.

Have you ever seen him in any hospital? - I have seen him in the hospital.

In what part of it? - I can't justly say.

Was it in the wards of the hospital? - It was in the yard.

Do you mean to say that he was a patient there? - He was a patient for any thing that I know.

Do you mean to say that you believe he lodged in the hospital at any time during the last month? - I don't know, I can't tell; I saw him and spoke to him; he is not with me, I can't say how long it is since he left me; it is more than two months.

Upon your oath, don't you know where he has lodged for the last two months? - He was at work at Brentwood.

What is his complaint? - A spotted fever.

Did you see him in the hospital when he had the spotted fever? - He was at Brentwood.

Mr. Garrow. At the time the things were stolen, this man came to search the house? - What things, Sir?

The things for which he is indicted; he was searching the house for stolen goods? - Yes Sir.

How many pair of sheets with the names taken out, did he find at the time; that choaks you; I don't wonder at it? - Did you speak to me?

It is my luck to speak to some of the greatest rogues in the kingdom? - I mean to swear that he found no sheets in my place, with the marks picked out.

Upon your oath, recollect, Mr. Mason and Mr. Pasan were both present, and can convict you of perjury; upon your oath, how many odd sheets did they find with the

marks picked out? - They never could find any; I am certain they never could find any, for the pair I lost was not marked.

Never was marked at all? - They never had been.

How many had you with the marks cut out? - None at all.

Now, Mrs. Cottrell, to come nearer home; how long is it since you were indicted last; (No Answer.) that I should think you must remember? - I can't justly say that.

Take your own time and tell me? - I was indicted; it is pretty nigh two years; it may be between a year and a half, and two years.

Where was that little mistake? - At Guildhall, Westminster.

There you contrived to buy them off, and left your neighbourhood? - Buy what off?

I must not ask you any more about that; my Lord will stop me if I do; you was tried though? - Yes.

That was for no good, of course; did you keep a rag-shop then? - Yes.

And have kept it ever since? - Yes.

You went to make a complaint to Mr. Parker, the Justice, of this man's robbing you? - Yes.

And he heard your story? - Yes, he heard my story so far, that be only bantered and abused me.

And refused you a warrant? - I never asked for a warrant.

He did not give you one? - No.

You applied to Sir Robert Taylor , and he refused you a warrant? - I do not know that I asked him for a warrant.

Do you know Mr. Divine? - Yes.

He has had the misfortune to be suspected of having some stolen goods too? - I don't know that.

This man has searched his house several times? - I don't know any thing about it.

Upon your oath is not Divine one of the parties to this prosecution; does not he assist in it? - He has nothing to do with me.

You have had no talk with him about this prosecution? - I have never seen Divine since last sessions.

You, Divine, and Sir Edward Bindloss , were together last sessions; were you not; who was with you, when you went to find this bill against this man? - Myself and Mrs. Clark.

Who else? - I don't know any body.

Will you swear nobody else was? - I will not swear.

But you must swear; will you swear nobody was with you? - I can't say particularly who was with me.

Upon your oath, was not Divine with you? - No, I will swear he was not with me when I found the bill.

Was not he with you at the Sessions-house? - Yes, Sir, I feed him there in the place.

Had you any conversation with him? - He might speak to me.

Did not he go with you to prefer the bill? - No.

Did he go with Sir Edward Bindloss ? - No.

Was he there conversing with you about this indictment, Divine, or Bindloss, or either of them? - No, he did not talk to me about it, no further than I went to him and talked about it.

Don't you know Divine and Sir Edward Bindloss have had a quarrel with this man, about searching his house? - I don't know any thing about it.

Have you never heard any thing about it? - No, I never was so much acquainted as to hear it.

Did you never hear that he had searched Divine's house, who was tenant to Sir Edward Bindloss ? - I can't help hearing, I might hear it.

You never heard that there had been any quarrel about this search? - What search?

The search at Divine's; did you never hear of it? - I don't know I ever heard of it, I am apt to forget.

Will you swear you never did hear of it? - I don't know any thing about it.

You know you went to Mason's as soon

as you found you had lost these things? - I did so.

You lost a guinea? - I lost two guineas, a gown, and a pair of sheets.

You always told that story? - I have been robbed, I do assure you, you may banter me as you please.

Did not you say you had lost four guineas? - I never said that to any body in my life.

Who is Mrs. Clark? - She was a lodger in my house at the time.

Did not Mrs. Clark walk in the Park? - I don't know that.

Don't you know that this man has taken her up for a prostitute a hundred times? - I never heard that he did.

You know that she has been taken up? - She has been sent to prison for debt.

How long is it since one of her husbands was hanged? - Do you mean to say that man that was hanged at this place for a robbery; I really never heard that.

It is a drummer she lives with now? - Yes.

Don't you know this is one of the Park constables, this man that you have indicted? - He may, I have heard he is.

You never heard that he himself has taken up Mrs. Clark, for being a common prostitute in the Park? - I never heard that.

She is an honest good sort of girl; is not she? - I never heard any thing about her.

MARY CLARK called.

My name is Crannis, but they said I should give in that name, because I answer to it continually; that is the name I go by.

What is your name? - My name is Mary Crannis .

MARY CRANNIS sworn.

When I came in, I saw people in the house.

Who? - Mr. Percival; the child told me there was some people in the house.

Did you see yourself who they were? - I went up to dinner, I went down afterwards, and saw Mr. Percival getting in at the window of her bed-room; he got up by the help of a linen horse from the ground.

That was after you had dined? - No, Sir, I had not dined, I was gone down to fetch some water, and I saw him getting up on the horse, and getting in at the window; I asked the child for the key, I opened the door, and I saw Mr. Percival by the side of the fire place, and I saw him take from the saucer something that appeared to be a guinea, and as he took it from the saucer, it fell upon the shelf.

Did you see him do any thing else? - I then locked the door, and hung the key up in the same place as I took it from.

Who was with Percival? - No living creature in the world in the room only myself standing at the door; the room was very small, and I could easily have seen if there had been any body there.

Did any body come to the house with him? - There was a man followed him, and came into the room, and searched my room.

Was that before or afterwards? - Afterwards.

Where was he at the time? - I know not, I never clapped eyes on that man before in my life.

He searched your room? - Yes.

What did he search it for? - He said for some things that were lost,

How lost? - They suspected, Sir, the things that were sold there, had been lost; I know not what.

How lost? - The man's house at the ship had been robbed.

Did you see him do any thing more than this? - I have no more to say about it.

(Cross-examined by Mr. Garrow.)

You told my Lord, your name was Crannis? - That is my own name, I never was married in my life.

Was not you married to Wild? - That man was never any thing to me; I never was married in my life.

You knew Wild? - I have seen him before now.

You saw him before he was hanged? - He never was hanged.

What became of him? - I don't know.

Did he go to Botany? - I can't tell.

So when the soldier was hanged, you took up with a drummer? - Why should not I? that is not any thing I come about.

You knew Mr. Percival by sight? - I have seen him many a time.

Where? - Walking in the street.

Do you know the Park? - I never frequent the Park so often.

Not above once a night, unless you have a good quick trade, then three or four times; how often has he taken you up as a common prostitute in the Park, in his life? - I never was taken up as a common prostitute in the Park in my life, by him; I have been taken up for debt; Mr. Percival never took me up.

You never was taken up but for debt; do you mean to swear that? - I don't mean to swear any thing, more than I have sworn.

Have not you been taken up within the last twelve months as a common prostitute, and how often? - I am not obliged to relate here how often I have been taken up.

Is it so often that you cannot tell; we cannot whip you for it; was you never taken up, yes or no, except for debt? - I am not obliged to relate that to the Court.

I don't ask you whether you are a prostitute or not; but whether you have not been taken up as one; have you ever been taken up as one? - I don't know that.

Do you mean to swear that you have never been taken up as a prostitute, don't you know that, as a street-walker? - I am not obliged to take my oath on that; I don't chuse to relate that to every body.

How often have you been taken up in the last month? - I have no business to relate that to you; what I have said about that man is just.

How lately is it that Mrs. Cottrell took you up? - Mrs. Cottrell is here, let her speak whether she had any just cause.

Upon your oath has not she taken you up? - She gave me a piece of paper with a shilling, and brought me here.

Upon your oath, don't you know that she has at this moment a prosecution over your head, unless you swear for her in this? - No, Sir, I did not rob her.

Upon your oath has not she threatened to prosecute you for a robbery, unless you swear for her? - She never did in this world.

Has not she charged you for the robbery? - I never did it in my life.

Has she never told you that she would prosecute you for a robbery? - No, Sir.

Has not she told you, that if you swore for her, you would have from the Court half a crown a day for your attendance? - No Sir.

Do you know James Hawkins and Mary Bolton ? - I know Mary Bolton , she lived in the house.

Do you mean to swear that you have never had any conversation of that sort I mentioned, with Mrs. Cottrell, in the presence of Mary Bolton ? - Never in my life; I never gave my company so much to Mrs. Bolton.

Did Mrs. Cottrell never say this: if you do not go on with this matter against this Percival, we are both perjured, and you will have the law against you? - No, she never said so to me to my knowledge.

Will you swear she never said so to you? I dont chuse to swear that.

Court. You must answer every question that is put to you.

The Remainder of this Trial will appear in the next Part, which will be published in a few Days.

Reference Number: t17871212-79

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 12th of DECEMBER, 1787, and the following Days;

Being the FIRST SESSION in the Mayoralty of The Right Honourable John Burnell , LORD MAYOR OF THE CITY OF LONDON.

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

NUMBER I. PART VI.

LONDON:

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

MDCCLXXXVIII.

THE WHOLE PROCEEDINGS UPON THE

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

Continuation of the Trial of JOSEPH PERCIVAL .

Mr. Garrow to Mary Crannis . Then Mrs. Cottrell never said to you, in the hearing of Mrs. Bolton, that if you did not go on with this matter against Percival, that you had perjured yourself, and would have the law against you? - No Sir, if you will give me leave to speak; there was a man lodged in Mrs. Cottrell's house; I had a girl lodged with me in distress, and who had lived along with him; he told her if she would swear every thing she heard me say, she never should want clothes.

This is a long story instead of an answer: I ask you, upon your oath, has Mrs. Cottrell never said to you, that if you did not go on against Percival, you would have the law against you? - No, Sir, she did not.

She did not say this to you, that you would have half a crown a day for every day you had been with her about prosecuting Percival? - No Sir, she never did say that.

Was you at Mrs. Cottrell's house when Percival found the saddles there, and the sedan chair seats? - No.

What part of the house is the plant in? - I do not know what you mean.

Don't you know what the plant is; why the place you put the stolen goods in? - I know nothing at all about it; I never saw any thing of that.

Was the child in a situation to see this man take the guinea as well as you? - I saw him take it off the shelf, and I told the child I saw him take the guinea.

Before he went out of the house you told her that? - I am sure of that.

Is that your mark? (Shewing a paper-writing.) - Yes, I believe it is my mark.

You made information before Mr. Parker, the Justice? - When I went before Mr. Parker, there was such a laughing at me, that they would not give me leave to speak; they jeered me, and made game of me.

You was sworn, and what you said was wrote down; I will read you what you said, among other things:

"That Mr.

"Percival was near the fire place, that

"you saw him clap his hand upon the shelf,

"that you saw him take a guinea off the

"shelf, that you then locked the door, and

"hung the key on the nail from which you

"had taken it, but did NOT tell the child

"that the said Percival had taken the guinea." Did you swear that before the Justice? - Mr. Parker was the gentleman that read that over many a time to me, and I told him I did tell the child.

Then it is not true, that which is put down here,

"but that she did NOT tell the child that she saw Percival take the guinea?" - I did tell Mr. Parker over and over again.

Will you swear that? -

Court. Let me caution you: that gentleman has in his hand an information, taken upon oath before a magistrate, signed by you; you will judge whether you are strong enough, in your own knowledge, to support a charge against that magistrate, of setting down the contrary of what you said upon oath before him; the evidence of that gentleman, and of his clerk, and of every body else present at the examination can be had; and will you now venture to swear, that you did not say what is there specified? - I said, over and over, to Mr. Parker, that I told the child of it.

You told Mr. Parker, before you made your mark to this information, that you had told the child that he had taken the guinea, before you went up stairs? - Yes, Sir, I told him over and over again.

Then you did not tell Mr. Parker, that you did not tell the child so? - I did tell Mr. Parker; Mr. Parker asked; I told Mr. Parker I did, just as I hung the key up.

Then this is not true, that you did not tell the child? - I told Mr. Parker that I did tell the child of it.

Do you know where Cottrell is now? - I have heard the children say he is in some hospital.

How long is it since he left home? - I never trouble my head about his affairs.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

The Jury recommended lenity towards the last witness, but Mr. Garrow undertook to indict her for Perjury.

Reference Number: t17871212-80

85. MARY JOHNSON was indicted for stealing, on the 20th day of November last, two pieces of sattin, value 15 l. the property of John Noble , privily in his shop .

NOT GUILTY .

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

Reference Number: t17871212-81

86. THOMAS IDSELL was indicted for feloniously stealing, on the 3d day of December , three weather sheep, value 5 l. the property of John Peachey .

There being no evidence to affect the prisoner, he was ACQUITTED .

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

Reference Number: t17871212-82

87. ELIZABETH HOPPER was indicted for stealing, on the 5th of October , one piece of muslin, containing, in length, two yards and a quarter, value 4 s. the property of Anthony Twydell .

ROBERT WILBERFORCE sworn.

I am apprentice to Mr. Twydell; on the 5th of October last, the prisoner and two other women came into my master's shop together, and looked at different prints, they liked none; they then looked at remnants, and bid 20 d. for what cost 2 s. 8 d.

they then talked concerning how much would make the child, which the prisoner had in her arms, a frock; I took one piece, consisting of a yard and quarter of muslin, and folded it out of the rest; I was on the other side, and said, I thought they were thieves, the prisoner then went out, and the other two followed: when they went out our man followed them, and took from the other two women, two pieces of muslin: I did not see him take them; he is not here; and he brought them all back into the shop; and when the prisoner came back, I saw her drop that piece mentioned in the indictment, containing two yards and a quarter of muslin dimity; it was measured and marked at the time, and the constable has had it ever since; his name is Williams; she had a long red cloak on, and it fell before her from under her cloak, the other women were in the shop at the time, and one of them took the child from her; I am positive that it was she that dropped it; they had not purchased any thing; I sent for a constable, and said they should all go to the Compter; she said she was sorry to part with her child; on the 6th they were examined before the Lord Mayor, and the prisoner escaped, and the others were discharged, because she could not be taken again; she was taken again on the 14th; I am positive she is the woman.

(The property proved.)

THOMAS WILLIAMS sworn.

I took the prisoner in Mr. Twydell's shop; this piece of muslin was given me with her, I have kept it ever since.

PRISONER's DEFENCE.

The woman in the shop in the black cloak dropped the muslin from under her cloak.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17871212-83

88. ROBERT SAVAGE was indicted for stealing, on the 13th of November , one linen handkerchief, value 10 d. the property of William Fearn .

Mrs. FEARN sworn.

I was in company with my husband, and saw the prisoner at the bar take the handkerchief out of his pocket, and I laid hold of him; I am sure of him.

GUILTY .

Transported for seven years .

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

Reference Number: t17871212-84

89. JOHN GILMORE was indicted, for that he, on the 6th of November , in the king's highway, on Henry Rice , did make an assault, and him the said Henry Rice did put in corporal fear and danger of his life; and from his person did take one silver watch, value 40 s. a chain, value 5 s. two seals, value 4 s. a key, value 2 d. a hat, value 10 s. one guinea and 7 s. in monies, his property .

HENRY RICE sworn.

On the 6th of November I was going home to my lodging; I crossed through Farthing Fields, and I met, in a kind of a gateway, three men, two in soldiers clothing, with bayonets in their hands; The prisoner at the bar came and took me by the collar, and demanded my money; I am confident to the man; it was dark, but there was a lamp in the street, just by the very place; the prisoner took me by the collar, and demanded my money, upon which I told him I had none; he told me he knew better; upon which I gave him a guinea and seven shillings, and my watch.

Are you sure it was the prisoner? - My Lord, I picked him out of the three battalions upon the parade; I never saw him, to the best of my knowledge, before that night.

How long was it that this robbery was in transaction? - About ten minutes.

In the course of that time did you make so accurate an observation of his person, as to be able to swear he is the man? - I took particular notice of some kind of a cut on his left eye; he had me so close, that it was impossible to be deceived in the man.

Are you sure he is the man? - My Lord he is the man.

You say he robbed you of a guinea, seven shillings, and your watch? - Yes, my Lord, one of the other two, who was on the other side of me, says, you have got a good hat, and he took that off; one of the others gave me a stroke with a bayonet on the head; then they quitted me, and I followed them; then as I was going about fifteen yards on, the prisoner came up back to me, with the bayonet drawn in his hand, and swore, by the Holy Ghost, if I came one step farther, he would plunge the bayonet in my guts.

Have you ever recovered your property? - No, I am a seafearing man, I was going to Jamaica again, and I thought no more about it as I had my life safe; and a soldier told me that the outliers were to be on the Bird-cage-walk on Sunday, and for me to come there, as he thought he knew the man; upon which I got up pretty early on Sunday morning, and went there, and walked up and down the banks, and in the second company, next the grenadiers, I saw this man, the twelfth man on the right.

At this time, when you made this observation, had that person pointed out this man? - No; I fixed on the prisoner at the bar, before I ever met him.

Had you ever seen him before he robbed you? - Never.

JOHN ORANGE sworn.

I took the prisoner into custody on the prosecutor's information.

PRISONER's DEFENCE.

I deny robbing the prosecutor, or any person in my life.

For the Prisoner.

SAMUEL GREGORY sworn.

I know the prisoner at the bar very well; I keep the Bald-faced Stag in Holywell-row near Moorfields; he was quartered on me in August last; he belonged to the first regiment of guards; he is discharged now; he continued in my quarters till about the 12th or 13th of November; when he was taken up; there were other soldiers quartered on me, but I had no others besides him, at that time; he came the 21st of August.

Now can you give an account how this man passed his time, from the 21st of August till the 13th of November, when he was taken up? - Sometimes he went out to work.

Then during that time you could give no account of him? - No.

Can you say what became of him on the 1st of November? - No.

On the 2d, 3d, and 4th? - No.

On the 6th? - On the 6th there was a woman lived with us to help the maid; on that day, her daughter was said to be married to a man with a wooden leg, which makes me take notice of that day in particular; I went out in the afternoon, about four, and returned about five; and when I came home, the prisoner at the bar was in company with these very people, making merry.

How far is your house from Queen-street, Wapping? - I look upon it to be better than a mile and a half; they continued there all the evening, till between eight and nine; I cannot say particular to a few minutes, but I am certain it was after eight, and it might be near nine before they went home to bed, then the prisoner went to bed.

Are you sure this was on the 6th of November? - I am certain of it.

Jury. What day of the week was it? - It was on a Tuesday night.

Now from the hour of five, when you first observed the prisoner at the bar to be

in this company, till the hour of eight or nine, when he went to bed, might he not have been absent so as to go two miles and a half, without your observing him? - No.

Had he never been out of your sight during the whole of the time? - Never more than five or ten minutes; he was in company with these people all the evening; Gilmore the soldier brought some mutton stakes, and the wooden legged man brought liquor.

Was he any relation to the wooden legged man? - No.

How came there such an intimacy? - Gilmore and the old woman had known one another, by being in the house together.

Mrs. GREGORY sworn.

Deposed to the same effect.

WILLIAM JENKINS sworn.

I have known the prisoner ever since he was quartered at the Bald-faced Stag; it may be about four months ago; I have always seen him a very civil sober man.

Jury. Perhaps this witness can give us some information about his black eye.

Has he had any mark on his eye? - Not the night that they said he committed the robbery; on Tuesday the 6th of last month, he had no black eye at that time, no other than what I always see on his face; he had no mark at all.

Was you of the wedding party? - No, my Lord, I only came to the house for my beer, I saw him at five, six, and seven that night.

Then you had three pints of beer instead of one? - No, my Lord, I staid till six, and went out, and came in again at seven.

JAMES WRIGHT sworn.

Deposed to the effect as the first witness for the prisoner.

ROBERT HOLLOWLY sworn.

I am a chair-maker, close by the Bald-faced stag; I have not known the prisoner above a fortnight, or three weeks; on the 6th of November I went into the house about five minutes before five, and I found him sitting in the box, and I observed him till about twenty minutes after six, when I went away and left him; and on the Saturday following, when I was jeering him about the guards being old women, he hit me, and I gave him the black eye you have heard of; that is all I know.

FRANCIS BRISTOW sworn.

I went to the public-house about half past four, to drink a pint of beer with a friend, and I sat there till near eight; about a quarter before five a soldier came in and brought some mutton stakes to dress; I sat there till half past seven, and I left the house; the prisoner was there then, and he had not left the house above five minutes all the time.

When was this? - On the 6th of November.

Where was the prisoner all this time? - In the tap-room.

Was you in the tap-room? - Yes.

Was he in any particular company; or did he join you? - He was along with the people that were married that day.

JOHN LINCOLN sworn.

I lodge in this public-house, I came home about half past six; the prisoner was there then; I staid there till eight, and the prisoner was never out of the tap-room five minutes, all the time; I sleep in the same room as he does, and we can lay and shake hands, the beds are so close.

What time did he go to bed? - Between eight and nine; he went to bed before me.

Court to Gregory. Where is the wooden legged man and his wife? - I have done all I could to find them; and I could not; I was after them on Monday night several hours.

Where is the old woman? - She is gone away.

Where is the young woman? - I don't know.

NOT GUILTY .

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

Reference Number: t17871212-85

90. HENRY FUDGE was indicted for burglariously and feloniously breaking and entering the dwelling house of John Mackay , about the hour of seven in the night, on the 10th day of November last, and burglariously stealing therein, a plated cruet stand, value 20 s. and three plated cruet tops, value 3 s. and a silver bottle ladle, value 6 d. his property.

This depending on the evidence of Fleming, the prisoner was ACQUITTED .

Tried by the second Middlesex Jury before Mr Baron PERRYN .

Reference Number: t17871212-86

91. WILLIAM LILLEY was indicted for stealing, on the 20th day of October last, a piece of linen containing twenty-six yards, value 20 s. the property of Hardy Holinds .

The prisoner was taken near the prosecutor's warehouse, immediately after the robbery, with the property upon him.

GUILTY.

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17871212-87

92. SAMUEL HARDING and WILLIAM ARCHER were indicted for burglariously breaking and entering the dwelling-house of Benjamin Messer , on the 17th day of November , about the hour of nine in the night, and burglariously stealing therein, five pair of glass spectacles, set in tortoise-shell, mounted in silver, value 40 s. one reading-glass, value 10 s. the property of the said Benjamin Messer.

BENJAMIN MESSER sworn.

I live at Bell-dock, Wapping ; I am a mathematical instrument-maker ; on the 17th of November last, about half past eight, the maid rang the bell from the sale-shop to the work-shop; before I went down to see if any thing was wanted, the bell rang again; when I came down the maid informed me the window was broke, and that the watch-strings were gone, and likewise five pair of of tortoise-shell spectacles, and a reading-glass.

Was your shop made up fast at the time? - The shop was open.

What was taken away? - Some trifling things, such as watch-strings, five pair of tortoise-shell spectacles, three of them double jointed and mounted with silver, and a reading-glass mounted with silver.

What was the value of them? - The single ones would sell for half a guinea a pair, the double jointed ones about fifteen shillings or sixteen shillings a pair; I gave seven shillings and six-pence a pair for the single jointed ones, and thirteen shillings for the double jointed ones; I paid one pound nineteen shillings for the three double jointed ones, out of my pocket.

Did you ever recover them again? - No, the spectacles were sold to a Jew, and the reading-glass was pawned in East Smithfield; when the prisoner Harding was taken, he had a duplicate of the reading-glass in his pocket; he was taken the Tuesday following; and the duplicate was found upon him, and a long wire in his pocket, and a thing to scrape the putty off.

MARY MATHEWS sworn.

I was nurse there; Mrs. Messer laid in, and I was there as nurse to her; on the 17th of November I went out and came in again, and I saw the prisoners leaning on the window; in about a quarter of an

hour some gentlemen knocked at the door, and said the window was broke; I went and looked, and saw the things mentioned in the indictment missing.

Did you observe both the prisoners or one? - I can be positive as to one; him that stands on the right hand (Harding;) on the Monday night I set backwards, and I saw these men again leaning in the same posture; I looked at them, and observed them very much; the window had been mended in the morning; I went in and told Mr. Messer, and I went out and observed the putty loosed; on Tuesday night I was set to mind the shop again, and I saw this man, with his white hat, pass to and fro, I minded the shop, and when I looked they went away; a gentleman knocked at the door, and said the window was broke again; I did not see the window broke, but I saw this man standing, waiting in this posture; I am positive to his face.

Mr. Knowlys. On all these three days you did not see the prisoners at the bar break the window, or take any thing away? - No.

Then you can only be certain as to the one with the straw hat? - No, that is the one next to me.

PETER MAYNE sworn.

On Tuesday night, the 20th of November, I laid hold of the prisoner Harding; the prisoner Archer found means to escape; I brought Harding up to the prosecutor's shop; and on searching him, I found the duplicate of the reading glass in his pocket, and on searching his other pocket, I took this wire out and this chissel. (Producing them.) Accordingly I went to the pawnbrokers, Messrs. Stanley and Butcher in East Smithfield; that is all I know; the ticket is dated the 19th.

Mr. Knowlys. This was on Tuesday, after the robbery was done? - Yes.

- STANLEY sworn.

I am a pawnbroker; I know the prisoner Samuel Harding ; on Monday, the 19th of November, he brought this glass in the afternoon, and I lent him half a crown upon it; he asked me to lend him 4 s. I had not known him before; he said he lived with his father and mother in East Smithfield, and that he was lately come from Greenland; I thought it was his own, and he said so; I thought he might make use of it at sea.

Court to prosecutor. Are you sure that is your glass? - I had a glass like this, but I can't say there is any particular mark upon it that I can tell it.

Mrs. MESSER sworn.

Proved the property to be her husband's, by a light mark in the tortoise-shell, near the hinge, and that it was exposed in the window for sale, before the robbery was committed.

- MOSES sworn.

On the 19th of last month the two prisoners came to my shop, and shewed me two pair of spectacles; I asked them where they got them; they informed me on Tower Hill; I asked them whether they were sure they did not steal them? they said no; I asked them what they asked for them? and they said two shillings a pair; they were both present at the time, I believe; I am quite sure of one; the little one pulled a reading glass out of his pocket afterwards; says I, I am sure you did not come honestly by them.

Which did you buy the spectacles of? - Of the little one.

Prosecutor. I am confident the spectacles are my property.

PRISONER HARDING's DEFENCE.

I did not commit the offence.

PRISONER ARCHER's DEFENCE.

I was coming along Wapping-street, and I saw Harding; he asked me to go with him to his father's, and I went with him; a good while after that I parted with him;

the next morning we went out to look for a ship together, and he said he had a glass in his pocket which he had bought for 1 s. and which he was going to sell; I said, I will tell you how you can sell it; I had it in my hand, and I went to Moses, and he would not buy it; then I went to the pawnbroker's, and pawned it for half a crown; I saw nothing of the spectacles.

EACH GUILTY, Of stealing, to the value of 39 s.

Transported for seven years .

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

Reference Number: t17871212-88

93. THOMAS FOX was indicted for stealing, on the 20th of November last, two pieces of wood, value 3 s. the property of John Smith and others.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17871212-89

94. HESTER ISRAEL was indicted for stealing, on the 6th of November last, two linen shirts, value 20 s. the property of Jonas Abrahams .

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17871212-90

95. CHARLES WALTON was indicted for feloniously coining a shilling .

A second Count, For coining a sixpence.

NOT GUILTY .

He was again indicted for having a cutting engine in his possession, for cutting round blanks, without any lawful authority .

NOT GUILTY .

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

Reference Number: t17871212-91

96. ROBERT BENNET was indicted for forging a receipt, on the 3d of November last, purporting to be a receipt, with the name G. Wiseman thereto subscribed, for the sum of 12 s. 6 d. with intent to defraud William Weller .

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

NOT GUILTY .

He was again indicted for a similar offence.

NOT GUILTY.

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17871212-92

97. JOHN DAVIS was indicted for obtaining goods by false pretences .

GUILTY .

Fined 1 s. and imprisoned twelve months .

Tried by the London Jury before Mr. RECORDER.

Reference Number: o17871212-1

HENRIETTA RADBOURNE , otherwise GIBBONS , who was tried in July Session last, and whose case was reserved for the opinion of the Judges, was set to the Bar on the first morning of this Session, when Mr. Recorder delivered the opinion of the Judges as follows:

Henrietta Radbourn , otherwise Gibbons.

You was indicted in July Session last, for petit treason, for murdering your

mistress, Hannah Morgan: many circumstances given in evidence by different witnesses, induced the Jury to find you guilty of murdering the deceased, but there was no positive witnesses to the commission of the fact; nor was there any set of circumstances in the judgement of the learned Judge who tried you, proved by two witnesses, and therefore he thought you could not be convicted of petit treason, and directed the Jury to acquit you of that part of the charge: The information of Hannah Morgan given on oath before a Justice of the peace, and authenticated by him, was offered in evidence against you; it was objected to on account of being inadmissible on an indictment for petit treason; having only one witness; and also generally, because Mrs. Morgan did not apprehend herself to be in danger of death at the time when she gave information: The learned Judge over-ruled that objection, and the evidence was submitted to the Jury, who found you guilty of murder, but acquitted you of petit treason according to the directions of that learned Judge; upon the same evidence, you was also found guilty of murder on the Coroner's inquisition, which inquisition was also for petit treason. Upon this conviction, the learned Judge thought proper to respite the judgment upon you, upon a a doubt with her you could be convicted of murder upon an indictment or inquisition for petit treason; and also, whether the information of Hannah Morgan could be legally received in evidence. The twelve Judges have reported their unanimous opinion (Lord Mansfield alone being absent) that the learned Judge did right in admitting the information of Hannah Morgan to be given in evidence, and that you was legally convicted of murder on this indictment for petit treason.

Proclamation being made, Mr. Recorder passed sentence of death, as follows:

Henrietta Radbourne , otherwise Gibbons.

It now appears that you have been duly and legally convicted of one of the most atrocious crimes that human nature can commit: and although upon the forms of law it has been thought proper to acquit you of the aggravated crime of petit treason; yet the murder of which you were convicted, was attended with circumstances that rendered it's guilt not less atrocious, and of which you must also have been convicted, if there had been competent evidence in point of law on that point. The crime that you have committed is equally an offence against the laws of God and man; it is of all others the most aggravated in it's nature, and the most dangerous to society. Bound to the unfortunate person, whose death you have been the instrument of, by every tie of duty and obedience, while you were in her service; and one of those on whom she had a right to depend for protection, you have (instigated by the most wicked motives) in the hour of rest, and when this unfortunate lady was in her own chamber, and in her own bed, where she might expect security from all, and be under the protection of her own family; you have, with murderous intention, availed yourself of an artful means to be introduced into her chamber; where you, or those with whom you have been associated, perpetrated the horrid fact. Under circumstances such as these, you can expect no mercy from your Sovereign and the Court. The judgment of the law must necessarily take its course upon you. By means of the case that has been reserved for the consideration of the Judges, a long period has been allowed to you to reflect on the enormity of your guilt. Happy will it be for you if that period has been so employed as to work a change in your obdurate heart, and to produce in you that state of mind, which from the infinite goodness of God, may procure you that mercy hereafter, which the laws of man must of necessity deny you here. It depends on your own heart whether that respite has been fortunate or unfortunate; for unless your time has been so employed, and produced that

contrition in your mind, I fear it will be an aggravation of your guilt. It only remains for me to discharge my duty, by pronouncing upon you the dreadful sentence of the law; which is, that you be carried hence to the place from whence you came, and from thence on Friday next, to the place of execution, there to be hanged by the neck, until you be dead, and afterwards your body to be delivered to the surgeons to be dissected and anatomized, pursuant to the statute ; and the Lord have mercy on your guilty soul!

N. B. This sentence was executed upon her on the Friday following.

Reference Number: s17871212-1

The Session being ended, the Court proceeded to pass Sentence as follows:

Received Sentence of Death, 8, viz.

John Green , alias Jacob Hobbs , George Smith , James Lara , Charles Berckley , Francis Warner , John Durham , Edward Crowther , John Greenaway .

To be transported for seven years, 58, viz.

Edward Matthews , William Grocer , Richard Hawthorn , Alice Haynes , Robert Savage , Samuel Harding , William Archer , William Read , Ann Brooks , Edward Crouch , Mary Arnold , Hannah Peeling , James Morley , Henry Fudge , John Neale , Elizabeth Hopper , Samuel Jones , William Alsop , William Martin , Rachel Turner , Joseph Herbert alias Herborne, Thomas Peacock , Ann Amies , William Perry , Mary Randall , Mary Butler , Eleanor M'Donald , John M'Carthy , Thomas Hartman , William Higgins , Joseph Holden , Thomas Grose , John Hardinge , William Watson , William Higgins , George Todd , William Brown , George Cash , John Fenton , William Lilly , Thomas Morris , Jane Saunders , Thomas Winstan , Mary Chaplin , Matthew Walton , Thomas Smith , John Roberts , John

Spencer , Ann Howard , James Ward , Mary Beech , William Evans , Thomas Smith , John Dyer . Susannah Pickett , James Davidson , Thomas Spencer , Michael Bath .

To be imprisoned twelve months in Newgate, 1, viz.

John Davis .

To be imprisoned six months, 2, viz.

Jeffery Raffel , William Screw .

To be whipped, 6, viz.

Jeffery Raffel , Charles Dryer , William Martin , William Tuckwood , William Screw , Alexander Forbes .

Reference Number: a17871212-1

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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