Old Bailey Proceedings, 9th January 1788.
Reference Number: 17880109
Reference Number: f17880109-1

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 9th of JANUARY, 1788, 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 II. PART I.

LONDON:

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

MDCCLXXXVIII.

[PRICE SIX-PENCE.]

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 Right Honourable James Eyre , Lord Chief Baron of his Majesty's Court of Exchequer; The Honourable JOHN WILSON , one of the Justices of his Majesty's Court of Common Pleas; JAMES ADAIR , Serjeant at Law, Recorder of the said City; JOHN WILLIAM ROSE , Esq; and others his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Gaol Delivery of Newgate, holden for the said City and County of Middlesex.

First Middlesex Jury.

John Bond

John Burges

John Skinner

Charles Thomas

Samuel Lund

William Keal

Daniel Garraway

Thomas Nash

Martin Robinson

Lewis Peacock

James Campbell

Rowland Minns

Second Middlesex Jury.

Solomon Errwood

Edward Spencer

Nicholas Lunn

Benjamin Griffiths

Francis Treather

Edward Brooke

Thomas Rose

Thomas Norris

Alexander M'Koul

William Reeves

William Lambert

John Pearson

London Jury.

Edward Bowerback

William Horton

William Tilsley *

* Thomas Thompson served some time in the room of William Tilsley .

Thomas Hunter Fell

William Felby

Charles Child

William Norris

Josiah Harris

William Olds

Joseph Stevenson

Henry Field

David Tete

Reference Number: t17880109-1

98. DAVID LATHAM was indicted for stealing, on the 8th of January , twenty-four pair of worsted stockings, value 20 s. the property of James Deans , privately in his warehouse .

JAMES DEANS sworn.

I live in Lothbury, I keep a wholesale hosiery warehouse .

Do you sell by retail? - No.

Court. Hand up the act of parliament.

Prosecutor. On the 8th of January, about two o'clock I went out of the warehouse, and the street-door is always open; joining the street-door there is a warehouse door from the passage; I left the warehouse-door, I believe, on jarr; I went up stairs and staid about two minutes; when I came down again, a person in Court informed me that a man was gone out of the warehouse with two parcels under his arm; we pursued him, and met him just turning the corner of the gateway, about sixty yards off; he had put the two parcels down by the gateway, I saw the parcels in the gateway, not in his possession; the prisoner was turning the very corner of the gateway; I took him and brought him back to the warehouse; I know the parcels to be my property; they contained twenty-four pair of women's black worsted stockings, as I believe, but I really had not examined them, because the goods had not been in the warehouse two hours; I had opened them.

What value were they? - About twenty shillings; they were worsted stockings.

Was there any body in the warehouse at the time? - Nobody; there was a gentleman in the counting-house, but he did not see him.

I understand you then that it is a wholesale warehouse, not a retail-shop? - It is a warehouse; not a retail-shop.

THOMAS MARSTON sworn.

I was going along Lothbury on the 8th of January, about two o'clock, and I saw a man loitering about at the corner of Princes-street, which was not the prisoner; I suspected him, I turned round and saw the prisoner walking backwards and forwards, near Mr. Deans's warehouse; I watched him, at last he went in without any thing; and I saw him come out again in the space of half a minute, with two parcels under his arm; the other man was still there; I let the prisoner pass me, and went and informed Mr. Deans directly, and he and I went out; I pursued and saw him directly; when I came out of the warehouse, he was not above thirty yards off, then he had the parcels; he turned his head and saw me coming along; then he went under the gateway, and I told Mr. Deans that was the man; I asked the prisoner where were the goods he took away; says he, what goods? I turned my head behind the gate, and there lay the goods; I am sure he was the man that went into Mr. Deans's, and came out with the parcels; I am sure I saw him again, after he came out with the parcels.

PRISONER's DEFENCE.

I know nothing of the robbery; my trial came on so soon, I could send for none of my friends; I am innocent.

Court to prosecutor. What is your name? - James Deans .

With an S? - Yes.

Was the warehouse door open? - Yes, I went up stairs about two minutes, the gentleman I left in the counting-house was sitting on a stool, he could not see to the door, it being at least a dozen yards from the street-door.

GUILTY, Of stealing, but not privately .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17880109-2

99. JOHN PEARSON was indicted for stealing, on the 3d of January , one bacon ham, containing eighteen pounds, value 12 s. the property of Charles Pearcey .

CHARLES PEARCEY sworn.

I observed the prisoner going out of my larder door, with a bacon ham, on the 3d of January.

WILLIAM WARREN sworn.

I saw the prisoner come out of the house with something in his hand; he walked

on, I did not see him stopped; Mr. Pearcey came out of the door, I told him there was the man, and Mr. Pearcey stopped the man; he was never out of my sight till he was stopped.

(The ham produced and deposed to.)

PRISONER's DEFENCE.

I never was in the house, I was on the other side of the way.

Jury. What time in the evening was it? - A quarter before six.

Court. Was this man known here before? - No.

GUILTY .

Whipped .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17880109-3

100. GEORGE YOUNG was indicted for stealing, on the 15th of December , ten silver handles for knives and forks, value 20 s. the property of John Bolton , John Farley , and Edward Dearey .

JOHN FARLEY sworn.

I am partner with John Bolton and Edward Dearey , we keep the New London Tavern; I was sent for on the 13th of December, to Bow-street, where the prisoner was, who had been stopped, and I saw some silver handles for knives and forks; they were marked, they were ours; I cannot say to the day they were lost, I did not miss them before; I went back directly, and found that we had lost fifty-eight knives and forks in less than a month; I am sure what I swear to are ours; I know the prisoner, he is an extra-hand that works at our house; he was there within that month.

JOHN HEATHER sworn.

I am a pawnbroker in Long-acre; on the 13th of December the prisoner came for a coat that was pledged at my house; he asked me if there was a refiner in Long-acre; I told him yes, and that we bought silver 100; the prisoner then offered me these knife handles to sell; I suspected they were stolen; I stopped him, and sent him to Bow-street; he was never out of my custody.

(Deposed to.)

PRISONER's DEFENCE read.

"To the Honourable James Adair , Recorder of the City of London, and Gentlemen of the London Jury.

"My Lord, and Gentlemen of the Jury.

"With the most profound respect and submission I most humbly crave your indulgence, not having fluency of speech, to express my unhappy situation to this honorable Court; and to say this is the first time I ever stood at the bar of justice; quite confounded at the heinousness of my offence, at this advanced age of sixty years, and with great infirmity of body, I lay myself at your feet; I have a truly unhappy and affectionate wife."

Court. Is there any thing in that defence respecting the charge? - No, nothing.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17880109-4

101. MARY SMITH was indicted for stealing, on the 4th of January , seven muslin neck handkerchiefs, value 14 s. the property of Henry Wood .

HENRY WOOD sworn.

I keep a man's mercer and hosiery shop , No. 41, Houndsditch ; I know nothing of the robbery.

HENRY WOOD , Junior, sworn.

I am turned of fourteen, I live with Mr. Wood; the prisoner came into the shop on Friday last, and asked me for some

lawn, about three o'clock; she said it was too wide; I shewed her another, and she said that was too narrow; then she asked to look at some black stockings, I saw her take something out of the window, but I did not know what; I went and told Mrs. Wood, and William Russell went and took her, and brought her back with the seven muslin handkerchiefs.

WILLIAM RUSSELL sworn.

I was sent out after the prisoner, I overtook her she corner of Castle-street; I had sent her in the shop before; I said, you must come back with me; but another woman was with her, who beat me very much, and got away from me.

Court. Where she was first stopped, did you saw she had any thing with her? - No, but here is a Jew who did; I immediately after saw the two pieces of muslin drops from her, as I suppose.

LAZARUS SAMPSON sworn.

I see the prisoner with the muslin, but I did not see her drop it.

DAVID RODERICUS sworn.

I came past at the same time, I saw the woman drop two pieces of muslin; I saw them drop from the prisoner; I picked up one, and Mr. Dide picked up the other, and gave it to Mr. Wood.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17880109-5

102. GEORGE GREEN and JAMES FRANCIS were indicted, for feloniously assaulting Thomas Evans , on the King's highway, on the 27th of December last, and putting him in corporal fear and danger of his life, and feloniously taking from his person, and against his will, one woollen great coat, value 5 s. one gold watch, value 21 l. one base metal chain, gilt with gold, value 2 s. one cornelian seal, set in base metal, and gilt with gold, value 12 d. a key, value 1 d. a hook, value 1 d. three guineas, and 9 s. in monies numbered, his property .

(The witnesses examined separate.)

THOMAS EVANS sworn.

I am a surgeon ; I live at Knight's-bridge: on the 22d of December last, between the hours of nine and ten, I was going through Hyde Park , from Grosvenor-gate to Hyde Park corner; I was on foot, alone, it was a very moon light night; at the end of Walnut-tree-walk, I saw two men coming towards me, they came on the side of me, and one laid hold on one side of me, and the other on the other; one was dressed in a soldier dress and the other in a loose great coat, it seemed to the to be of a brownish colour I think; I am not certain; the soldier stooped down, close to my face, and in a very low voice said, if I spoke he would blow out my brains; he repeated it three times, with his fist at my mouth.

Had he any thing in his fist? - I do not believe there was; he took my watch from me, and put it in his left hand jacket pocket; he had a soldier's jacket on, the upper garment; the other man struck me with his fist in the eye, the soldier then took three guineas in gold, and the man that struck me took nine shillings, or ten shillings in silver; after this, the other man in the brown came before me to strip off my great coat; my money was in different pockets, one in my right hand pocket, and the other in the left; the other man threw down my great coat on the ground, and attempted to take my other coat, and was in the act of doing it, when two men appeared, whom I did not know; the prisoners ran away, I called out stop thief, and the two men ran after them; not knowing who these men were, I did not stay, but went directly to Hyde-park-corner; I stopped at the park-keeper's lodge, and told him I had been robbed, and described the persons I had been robbed by; the servant said, he saw them two men at the Triumphant Carr, next Hyde-Park-corner, five or six minutes before; it is not an hundred

yards from Hyde-park-gate; I desired the boy to go with me to the public house, which he did; I came to the publican, and described these men to him; says he, Sir, they have not been out of my house ten minutes, and I thought they were on no good; the publican's name is Cressey; I went back to the Park-keeper, and desired him to lend me a lanthorn, to look for a key, where I had been robbed, a key that I valued; I could not find my key, but we saw the place, with the struggling on the grass very plain, and I found this stick; I went to Mr. Justice Bond's, but he was gone to bed; the next morning I intended to wait on him, but my eye was so bad, I was confined to my bed, and he was so obliging to come and take my evidence; I swear positively to Green, the soldier; the other I cannot speak so; positively to because Green looked at me for a minute or two, threatening me, with his face quite close to mine; the other I did not take so much notice of; I saw them on the Monday again; I was robbed on the Saturday night, about half after nine.

Did you take notice enough of the other man, to be able to say, this is not the other man? - No, I did not; I took notice enough to describe him, and this man answers my description of him, so much, that the boy said, I saw these two men in the house, not above five minutes before; he answers to the description of the man that robbed me, but I do not under take to swear to him.

EDWARD CRESSEY sworn.

I am landlord of the Triumphant Carr, public house; I remember the night of Mr. Evans's coming to me, after he was robbed; it was the 22d of December, in the evening; the two prisoners were at my house on the 22d of December in the evening.

How long had they left you before Mr. Evans came to you? - I do not know; it might be fifteen or twenty minutes; there was some little interval, but certainly they are the two men that were at my house.

How were they dressed? - Francis had a white surtout coat over a jacket seemingly, and the other had a soldier's jacket seemingly, as he has now; they had drank three half pints of gin as fast as they could.

Court. What! the two men? - Yes.

Had they any thing with them? - I did not observe any thing.

What! intire gin? - Yes, intire gin.

Why you seem to treat that as of course? - No, but it happened to be the case then.

I do not wonder that these robberies are so frequent! what is the charge of three half pints of gin? - Three fourpences; my servant is not here.

WILLIAM FARIER sworn.

I am the park-keeper's boy; I know the Triumphant Chariot public house; I saw the prisoner Green just at nine o'clock, at the Triumphant Chariot; I did not take particular notice who was in company with him, but I am sure he was there.

Court. How came you to be there? - I went to order my master a pot of beer; I did not stay there above five minutes; or a little better; I saw some disagreeable work, made me stop a little.

What disagreeable work? - Seeing people drinking gin; I did not take particular notice how many there were, but I saw the prisoner Green in the park before, made me know him; and he struck the boy, and he went to charge the watch, that made me take notice of him.

But how many people were there drinking gin? - I can't tell.

Were there several? - I can't tell.

Was he the single man that was drinking gin? - There were only two in the house that I saw.

Were the men, that you saw, drinking in company, or separate? - They were standing, and one of them struck the boy in the house as he went out.

Do you recollect the dress of either of them? - The dress of him I took notice of was red; I did not take particular notice of the other.

CHARLES JEALOUS sworn.

On the 23d of December, on the Sunday evening, I went to No. 14, St. Ann's-lane, Westminster, between nine and ten; I went up one pair of stairs, and in bed there was one Benjamin Parsons; I desired him to get out of bed, he did so; I searched his breeches pocket; I then desired him to give me the key of a box that stood by the bed side, accordingly he did, and in that box I found a gold watch, a metal chain, and a great coat; Parsons, at that time, desired Shallard, the other officer, and Carpmeal, to go with his girl, and she would shew them where Green lodged, and they went and took him.

Did you desire Parsons to shew you where Green lodged, or did he propose it? - He himself proposed it; I cannot say who asked him the question; I asked him none; as for Francis I took him in Aldersgate-street, in a garret, I think it is No. 45; I believe that might be Monday, the 24th; I searched him, but found nothing.

Who shewed you where he was? - A woman of the name of Jane Wolfe , she is on the back of the bill.

BENJAMIN PARSONS sworn.

I am a soldier, I live in Queen-Ann-street; I know the prisoners; I know this great coat and watch; on Saturday, the 22d of December, the two prisoners at the bar, and Malpas, a soldier, who is an evidence, and me, were all four drinking together in Pye-street, at the Red-Lion, we went from there to the Horse Guards Cellar, and had several pots of beer together about half past seven I was sitting by the fire, and Green came in, with his regimental coat on his arm, says he, I wish you would lend me your coat a little; says I, for what? that was this jacket I have on; it was his regimental coat he had on his arm, accordingly I pulled off my jacket and hat, and gave it to him, and his coat and hat laid there for an hour and half; he put on my hat and jacket, and left his own on the bench; he staid there till a quarter after nine; I saw no more of him; Green and Francis went out together; I do not know what became of them; I never saw them any more that night; Malpas staid with me till a quarter after nine; my wife fetched me home; it was five when we came into the Horse Guards; it was between seven and eight when he went out; I went home, and went to bed immediately about nine; the next morning, about two o'clock, (I live in the one pair of stairs backwards) there was a knocking at the door by Green; the landlord came and called me, I got up immediately, and went down, and Green was there with Howarth, who is a witness here; Green asked me if I had seen Francis; I told him no; I went and shut the door immediately, and went up stairs to bed again; I did not let them in; about five in the morning Francis came, and the landlady came up and told me, I went down in my shirt, and he asked me if Green had been there? I said he had; he asked me if I knew where he was? I said I did not; he asked me to get up, and have something to drink, accordingly I did, and we went to look for Green, and found him in Howarth's apartments, in the same street; he was asleep, we opened the door, and Howarth got up, and let us in, and Green was awake when we came into the room, and he spoke to Francis, and asked him how he could use him so ill the night before, for his shirt was tore as if he had been fighting, or something of that kind. Green got out of bed, and put on his things, and Francis had on that great coat that lays there, to the best of my recollection, which coat was found afterwards in my box, and Green had on Francis's brown great coat, to the best of my recollection, and Francis took his own coat off the bed and put it on, and took the great coat off, and we all four came down stairs together; Francis had his coat on his arm when we came down, and he said, we will go and have a pot of beer together; and he gave me the

coat, and said, I will be obliged to you if you will put that in your room till I call for it; we went and drank two or three pots of beer, and stopped at the public house, which was the Angel, in Tothill-street, then from thence to another house in the Broad-way, Westminster, and had two or three more pots, then we came to the George and Bell, in St. Ann's-street near where I live, they went up to my room to have some breakfast, in the mean while I was toasting some toast at the fire, Green and Francis had a watch in their hands, which I believe that to be it; they had it in their hands looking at it; they called me, and asked me if I would put that by with the great coat, and take care of it till Monday morning, that they would call for it.

Which of them called to you? - I cannot say, but I believe it was Francis; I immediately took them, and put them in my box, and locked the box, and put the key in my pocket; after that Francis wanted a shirt and stockings washed; I told him I would not let my wife do it being Sunday; he said, will you lend me one of yours? I did so; and he took half a guinea out of his pocket, and said, if I do not return them, you may take pay out of that for them; after that we all went out together; I called on Malpas at his house; Howarth and Francis went on to go down to Tothill-fields; I went up and called Malpas out of bed, and me and Green, and Malpas, came and found Francis and Howarth at a house joining to Tothill-fields, that they call the Blue-coat-boy; he ordered in a can of beer into the gaol, and we sat there till it was all drank; when we came from there, we had a glass a piece at that public-house, and then we parted; I was ordered for a regiment party on the Monday morning, I was getting my things ready to march, and just as I was getting into bed the constables came; the watch and great coat I had from Green and Francis, I put into my box, I put in no other.

RICHARD HOWARTH sworn.

I am a soldier, I know the two prisoners in the regiment; on the 22d of December, I saw Green at the Prince William Henry , at Charing-Cross; I called for a pint of beer, it was Saturday at ten o'clock; he was in liquor, I persuaded him to go home; he seemed to be much in liquor; it was about ten at night; he had a great brownish coat on, and a red jacket under it; I took him to take him to his lodgings, but he wished to call at Parson's room; he knocked at the door; Parsons opened the door, but he did not chuse to let him in; he desired him to go to his lodgings; he said he did not think he could get in; he was much in liquor, so I said you are very welcome to lay with me; so he did.

What did he want at Parsons's? - I cannot say; nothing passed only what I said; he desired him to go home.

Did he ask for any body, or any thing thing there? - No.

Do you recollect what he said to Parsons? - He did not say any thing particular, only wished to come in, and Parsons wished him to go to his lodgings; I took him to my lodging, where he staid all night; in the morning came Francis and Parsons between five and six, and knocked at my door; and I asked first who it was; they answered it was Parsons, he wanted to speak to me; I asked what he wanted; he said, is not Green here? I said yes; he is asleep in bed; I let him in and awaked Green, and he got up and dressed himself; both Parsons and Green came in, and we went out to the Angel in Tothill-street, and there we had two or three pots of beer, and at several different public-houses, and had some beer, or one thing or other, from that we went back again to Parson's room, there we had breakfast; after that we went down to Tothill-fields.

When you was at breakfast, did any thing particular pass? - Nothing in particular passed.

How was Francis dressed when he came

to your room that morning? - I could not perceive; we had no light, I struck a light; there were some clothes changed, but I cannot say what they were.

When you saw him in the light, had Green the great coat on you saw him in over night? - No, he had a jacket on; Francis had the great coat; I did not perceive any thing else; I never saw any coat at all.

Look at that coat? - That coat was not there; I did not see that coat.

Was you there the whole time of breakfast? - Yes.

What had you for breakfast? - Tea.

What had you to eat? - Only bread and butter, and tea, that was all.

Nothing else? - No.

No toast? - I believe there was something toasted, but I do not recollect who toasted it; I eat nothing but bread and butter.

When they were at breakfast, did you see any thing pass between Francis and the other men? - Yes, I saw Green, and Francis, and Parsons, looking at a watch at the window.

What became of that watch? - Green gave it to Parsons to take care of.

Was any thing else given to Parsons to take care of? - No, I heard nothing said, but only give it to him to take care of it; then we went to different public houses and had some liquor to drink, and we went to Tothill-fields.

Who paid for the beer there? - I do not recollect, I did not see any paid for; I paid for none.

Court. Who were the people that changed clothes at your lodgings? - Francis and Green; Green had the great coat on, that I believe to be Francis's; Francis put it on; it was a great brown coat, an oldish coat to my thinking.

What under-coat had Green under that? - He had a red jacket under the great coat; when he was dressed in the morning, he had only a red jacket, not a regimental coat; I never saw any coat he had there, only a jacket.

So then Green gave Francis a great coat; did he? - He did not give it him; he laid his clothes on the bed, when he went to bed; and when the light was struck, he saw his clothes, and put them on.

Why did he have the red jacket on; did you see Green put it on? - I cannot say, it might be his own; I do not know.

Was it the red jacket that Green went out in that morning, after he left your lodgings? - I did not see them change any clothes.

(The great coat and watch deposed to, and chain and seals.)

JANE WOLFE sworn.

I live in Aldersgate-street; I know the prisoner James Francis , I saw him on the 24th of December, he came to me, and asked me to go to Bow-street, to see if I could hear any thing of Mr. Parsons; and he said he went on Sunday night, and could not find Parsons, and heard Parsons and his wife were taken into custody.

What else did he say to you? - Nothing in particular.

Did you ask him why you should go to Bow-street? - He said he was in company with him, and he heard he was in trouble, and he wanted to know what was become of him.

Did he tell you about what he was in trouble for? - No.

Do you mean to say this was all that passed? - I asked him if there was any thing the matter; and he said no; that was all that he said to me.

You went to Bow-street? - Yes.

There you was stopped? - Yes.

Where was Francis at the time you went to Bow-street? - I left him in my room.

Tell us all that passed? - He came up to my room on the Monday morning, and asked me to go, and I went.

You know you was examined at Bow-street, and there it was taken down? - He said there was something in Parsons's room, and if it was not removed, Parsons

and his wife, if they were taken, would be done; I asked him what it was; he said it was nothing to me, or to him; that was all that passed.

Court. Did he lodge at your house? - No, he said he slept at Parsons's, at that time.

Where did he lodge? - I do not know.

Court to Howarth. Where did Francis lodge? - I never knew where he lodged this time; I never was acquainted with him since he left the regiment.

Had he belonged to the regiment? - He did once.

PRISONER GREEN's DEFENCE.

I never saw any of the things; and that man that says I gave them to him, I never gave him any; he just says what he pleases to say, to save his own neck; I am innocent.

Have you any body to speak for you? - No, Sir, I do not know that I have; I belong to the first regiment.

Have not you your serjeant to give you a character? - He is here behind.

Do you desire to refer to him for a character? - If you please.

CHARLES MACHARTY sworn.

I am serjeant in the first regiment, and have known Green about a year.

How has he behaved? - Very indifferent.

PRISONER FRANCIS's DEFENCE.

I know nothing of the matter; I was with this Parsons on Saturday night; I never saw any more of him till Monday morning; when I saw him then, I saw this watch in Parsons's hands, I know nothing of it; I expected friends, but they are not here.

GEORGE GREEN , JAMES FRANCIS ,

GUILTY , Death .

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

Reference Number: t17880109-6

103. JANE wife of JAMES WILEY , and MARY wife of WILLIAM HADLEY were indicted for feloniously stealing, on the 19th day of October , a woollen stuff curtain, value 8 s. a basket, value 2 d. sixty tools, called modelling tools, value 18 s. a hamper, value 6 d. eighteen earthen ware plates, value 1 s. three dishes, value 3 s. the property of Miles Murphy .

There being no evidence of a felonious taking, the prisoners were BOTH ACQUITTED .

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

Reference Number: t17880109-7

104. SARAH BALL was indicted for stealing, on the 31st of December last, one delf bowl, value 2 d. a china milk-pot, value one halfpenny, a canvass bag, value one halfpenny, and one hundred and forty-four halfpence, value 6 s. the property of Thomas Sheen .

NOT GUILTY .

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

Reference Number: t17880109-8

105. DANIEL KINLOVE was indicted for stealing, on the 27th day of December last, twenty-four pounds weight of beef, value 8 s. the property of Abraham Slade .

The prosecutor took the prisoner, about five yards from the house, with the beef upon him.

Prisoner. I had been out of work some time, and am very poor.

GUILTY .

Whipped , and imprisoned six months .

Tried by the Second Middlesex Jury before Mr. Baron EYRE .

Reference Number: t17880109-9

106. THOMAS COLLINS and JOHN DALE were indicted for feloniously assaulting Elizabeth wife of John Collett , on the 29th of December last, and putting her in corporal fear and danger of her life, and feloniously taking from her person and against her will, a black silk cloak, value 12 s. the property of the said John Collett .

ELIZABETH COLLETT sworn.

On the 20th of December, I lost a black silk cloak in Stepney-fields ; I was coming across the fields, it was between the hours of one and two at noon, nobody was with me, I was going to see my mother; I went up St. George's turnpike, Middlesex; as I came to the top of the walk, by the gardener's ground, to the top of Mr. Battle's garden's, I saw two men; I did not see them till they got through the posts, about five yards before me, they were meeting me; one man came up to me, and laid hold of the string of my cloak, and said, Madam, I must have your cloak; I said, must you? and he untied it, and came behind me and took it off; as he was going away he said,

"say never a word, or I will blow your brains out;" that was all that passed.

Was you frightened? - Yes, I was alarmed; I said nothing, that was the reason, I made no resistance.

Did the other man do any thing? - He never spoke; he was with him, but he did nothing.

What became of them after they had your cloak? - I walked on some bit, and did not look back, till I came to the Three-path-ways; the man that said, say not a word about it, was the man that robbed me, to the best of my knowledge; when I came to the Three-path-ways, I looked back, and saw the two men running; I walked on the length of a short field, the men were taken about an hour after they were out of my sight; they were stopped by the pawnbroker.

Do you know either of them again? - One.

Which of them? - This man in the light coloured clothes.

What is his name? - Collins; I cannot be positive to the other; Collins is the man that took my cloak.

Are you sure of that? - Positive; it was a bright day.

How long was he with you? - I cannot tell, a minute, I suppose, not more.

Had you an opportunity of observing him particularly? - Yes, I am quite clear he is the man; my cloak was found again, I heard of it on Sunday at the Justice's, which was the next day; I was informed if I went to Justice Smith's, I might see the prisoner and the cloak; I went and found both the prisoners in custody, and my cloak was there.

Prisoner. Did she ever see me before? - Never before I was robbed.

THOMAS KNIGHTLY sworn.

I am apprentice to Mr. Knightly, pawnbroker in East Smithfield; on Saturday last was a week, Margaret Murray came to pledge a black cloak for half a guinea.

What time of night? - About half past three in the afternoon; we stopped her with the cloak; the cloak is here, I gave it to Dawson; it is the same I stopped on Margaret Murray .

ABRAHAM DAWSON sworn.

I produce the cloak; I have had it ever since.

(Deposed to.)

MARY MURRAY sworn.

Did you go to pledge a cloak at Knightly's? - Yes, I was the girl that took it to pawn, I got it from that little man in light coloured clothes, Collins; he bid me tell them that I was married, and I was a little in liquor, and I told them I was married to him a twelvemonth; I never saw the man before in the course of my life.

How could you say to the pawnbroker that you was married to the man, that you never saw before? - Because he bid me say so; I went with him into the pawnbroker's;

I met him at the Crown in Nightingale-lane, between two and three; I am a misfortunate girl; he said he had no money, and he came with me to the pawnbroker's so get half a guinea upon it; I asked him how he came by the cloak, and he said, he took it out of pawn, it was in pawn six months, and he bid me say I was married to him; he went into the pawnbroker's with me.

Court to Knightly. Why did not you say, that the prisoner was with the woman? - Murray came in, and my master asked her whose cloak it was; and she said her's; my master said, your's! and she said the man was at the door; he came in, that was Collins, and he said the cloak was his, he said he bought it at the bottom of the Minories, and gave thirty shillings for it; I asked him who he bought the cloak for; he said his wife; I asked him who was his wife; he said this, which was Margaret Murray ; I asked him how long he had been married, and she answered, a twelvemonth, I believe; I left them in custody of my master, while I went to Mr. Dawson; he came and took them in charge.

Was there any body else with him at that time? - Nobody.

Court to Murray. Was there any body with the prisoner when he gave you this cloak? - Yes, the other prisoner was in the public-house; he said nothing to me about the cloak; but when Mr. Dawson brought me and Collins down the street, the other prisoner was there, and said,

"is he coming?" so then Dawson took him into custody.

ABRAHAM DAWSON sworn.

I was sent for by Mr. Knightly; when I came, Margaret Murray and Collins were in custody; in searching of Collins, in his jacket pocket I found this knife; the lining of the pocket was cut open, to let this knife in; he made some resistance, I threw him down; going down from the pawnbroker's to the office, I asked Margaret Murray particularly; she said there was another man, she pointed him out in Nightingale-lane, and the prisoner Dale said

"is he comings?" no, says she; I caught him directly; says I, what do you know of the cloak? what cloak? says he; says I, a black cloak; says he, we found it in Wapping; the other said he found it in Stepney-fields; I searched the prisoner Dale; and found nothing on him but some duplicates.

(The cloak deposed to, by two spots of white paint on the hood.)

Prosecutrix. I am quite sure it is my cloak.

PRISONER COLLINS's DEFENCE.

We were going to seek after work in the morning, and a little after two we picked up this cloak, I had no money, I went to this public-house, I made the best of my way from Limehouse, I asked that young woman to go and pawn it, I did not know what to do with it, and the pawnbroker stopped me.

PRISONER DALE's DEFENCE.

I have nothing to say.

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

Prisoner Dale. My witnesses will not be ready till to-morrow morning.

THOMAS COLLINS , GUILTY , Death .

He was humbly recommended to mercy by the prosecutrix.

JOHN DALE , NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880109-10

107. JAMES WINDSOR was indicted for stealing, on the 22d day of December last, seven pounds weight of pork, value 3 s. 6 d. the property of Richard Whitmore .

NOT GUILTY .

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

Reference Number: t17880109-11

108. JAMES BELBIN was indicted, for burglariously and feloniously breaking and entering the dwelling-house of Sarah Gosling , widow , about the hour of eight in the night, on the 27th of December last, and burglariously stealing therein, a silk petticoat, value 5 s. a flounced stuff ditto, value 3 s. a striped cotton gown, value 4 s. a silk and stuff gown, value 5 s. two pair of breeches, value 4 s. a coat, value 3 s. a shawl, value 3 s. two handkerchiefs, value 3 s. a cotton a counterpane, value 5 s. her property .

SARAH GOSLING sworn.

I live in Vere-street, Clare-market ; I keep a chandler's shop ; I am a housekeeper; my house was entered at the parlour window, on Thursday, the 27th of December, I found it out; about ten my daughter went to put my child to bed in the back parlour, and she found the window up, and two drawers moved; that back parlour opens into a small yard at the back of the house; it is the room that I sleep in; I had not been in that room that evening; my daughter was there, she is here; out of two drawers I lost the things mentioned in the indictment; the persons who stole them came into the window, by the assistance of a water tub; I traced them by bits of silk and things that were scattered down my own passage and up the cellar stairs, and through my own passage into the street; it was snow at - that time, and there was the mark of a foot on the top of the water-tub; mine is a lodging-house, and the door is always open; I found two gowns again at the pawnbroker's, Mr. Cooper's; I know the prisoner very well, he was bred and born the next door to me, I have no reason for charging him with this, but his pawning the two gowns.

SARAH GOSLING , Jun. sworn.

I went into this back parlour between seven and eight; I was in the room, and all was safe; it is a sash window, the window was down, there was only a small hook to it; I do not know whether that hook was in it; there was no shutter; I went into the room again exactly at ten, then I observed the drawers were both open and moved, and the sash thrown up to the top; we never leave our sashes up after dark, particularly at that time of the year; I lost the things in the indictment out of the drawers; I observed a mark on the water-tub, and one on the sill of the window in the room; the bottom of the passage opens into the yard; there is one door into the passage; we always keep that room locked, and it was locked that night, and when I came to go in at ten, it was locked; the people who got in, got in at the window; my mother ran down stairs to see which way they had gone; I know the prisoner.

WILLIAM GARDNER sworn.

I am servant to Mr. Cooper, in Great Wild-street, Lincoln's-inn-fields; I produce two gowns, I received them on the evening of the 27th of December, from the prisoner, to the best of my knowledge; I think it was about eight, he pledged them for nine shillings; I had seen the prisoner before, and I perfectly knew him again; the prisoner said he brought the things from one Susannah Hambro , a person that uses our shop, and whom we always found to be a very honest woman.

(The gowns deposed to.)

SUSANNAH HAMBRO sworn.

I know nothing about this.

PRISONER's DEFENCE.

I was going through the streets between seven and eight in the evening, and I saw a person go out before me, and drop somewhat; it was two gowns, I kicked it with my foot; it was a sloppy night, and I took them in my hand, and being rather short of money, I pawned them.

Court. What account do you give the Jury of yourself? - I had been lately to service, and I was out of place at this time.

Can you satisfy the Jury that you bore a good character? - I can, but my friends are not here.

Court. Gentlemen, in construction of law, the raising a sash, which is put down for the protection of a house, is in the idea of law, breaking the house.

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

GUILTY , Death .

He was humbly recommended to mercy by the Jury.

(Aged sixteen.)

Court to Clerk of Arraigns. Take the recommendation; I have no sort of objection, gentlemen.

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

Reference Number: t17880109-12

109. JAMES NELSON was indicted for stealing, on the 18th of December last, 12 lb. weight of hogs-lard, value 6 s. the property of Joseph Davis .

The prosecutor's servant took the prisoner with a bladder of lard in his hand.

Prisoner. I am guilty; I beg for mercy.

GUILTY .

Whipped .

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

Reference Number: t17880109-13

110. ROBERT FOSSET was indicted, for burglariously and feloniously breaking and entering the dwelling house of John Cock , about the hour of eight in the night, on the 16th day of December last, and burglariously stealing therein, two looking glasses, in wooden frames, value 10 s. a man's hat, value 4 s. a printed bound book, in octavo, called the Holy Bible, value 12 d. one yard of flowered gauze, value 2 d. a hair comb, value 1 d. his property .

JOHN COCK sworn.

I live at No. 19, Shadwell : on the 16th of December last, I left my house between five and six; I had bolted my back door, and locked the fore door, and secured the house; I went over the way to have my leg dressed, being lame; my wife was out at nursing; I returned at ten o'clock, and I went to strike a light, and the table was moved from the place where I left it; I found the door locked when I returned; I unlocked the door, and went in; I struck a light, and found the candle on the table, and the candlestick gone, then I missed some part of the other things that were gone; I missed a looking-glass; soon after I missed another; I missed my hat, the next morning I missed the Bible; I found a part of the pane of glass of the casement window broke against the catch of the window, and I found the window part open, that is, the catch was not fastened again, it was a little way upon the jar.

Was that casement large enough for a person to get in? - Yes.

Can you be perfectly sure that that casement was shut when you went out? - Yes.

Did you try it? - I fastened it that same afternoon; I left it fast, and when I went out it was fast; I examined it, and I laid my Bible on the window fill; I had been reading in the Bible before I went out, and I laid it in the window; there was another book with it, but that was not taken away; my wife did not come home at all that night; I was by myself in the house; I have never got my things again; I swore to them at the Justices; I do not know who took the things.

ROBERT DAWSON sworn.

I belong to the Publick Office: on Sunday, the 16th of December, I, in company with Mr. Orange, apprehended the prisoner, about nine at night, in the back lane, Cable-street; he ran into a house, and on his head, over his own hat, he had this hat, and under his arm he had this looking-glass, but he put the looking-glass

on the counter of the shop, before I could lay hold of him; I saw him put it on the counter of the shop; the doors are always open to receive such people as those; and in his pocket I found this bit of gauze; Mr. Orange searched him further, and found something else; this bit of gauze was hanging out of his pocket, and I laid hold of it; it was my night to attend the watch-house; I had been walking round the parish; I do not know the prisoner.

JOHN ORANGE sworn.

I was with Robert Dawson on the 16th, between eight and nine; we saw the prisoner go into a house, and we pursued him, and in searching him I found this Bible, we secured him, and took him to the watch-house, and he was committed the next day; the next morning finding the prosecutor's name, Mr. Cock, on the Bible, I went to him, and desired him to come down, he said he had been robbed, and lost some things; I told him to come down to the Public Office, in East Smithfield; he came there, and swore to the property; here are his wife's name, and children's name in the Bible.

Prosecutor. This is my Bible; I know it; I bought it; it has my name on it, and my brothe'rs name, and children's name, in my own writing; this is the Bible I left in the window that night, and this glass over the mantle-shelf; there is a piece out of the corner, and there is a piece out of this; this is my hat; here is the man's name where I bought it, and tallow-grease upon it, as I mentioned before I saw it, and this laid on the drawers.

PRISONER's DEFENCE.

I was going along, and saw these things lay; I picked them up; seeing this man's house open I went in, and asked him if they belonged to him? and he said no; and before I could say any thing else this man came in and took me.

Jury. Are the two officers that gave evidence regular constables.

Dawson. I am a constable of St. Botolph, Aldgate; it was my night on duty.

Prisoner. I have no witnesses; they waited so long they could not wait any longer.

Had the pane of glass that was opposite to the handle of the casement, been broke before? - No, it was not; it was whole when I went out.

And you can positively swear that you fastened the window yourself before you went out? - I can.

Jury to prisoner. How old are you? - Going of thirteen.

GUILTY , Death .

Jury. We recommend him to mercy on account of his youth.

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

Reference Number: t17880109-14

111. JOHN BURNE was indicted, for feloniously assaulting William Drewitt , on the King's high-way, on the 15th of December last, and putting him in corporal fear and danger of his life, and feloniously taking from his person, and against his will, one cloth great coat, value 10 s. the property of Thomas Johnstone .

The witnesses examined separate.

MORGAN WILLIAMS sworn.

I keep the Star, in Well-street, Wellclose-square, a public house; I sent my servant, William Drewitt , on the 15th of December last, with a pot of beer, between eleven and twelve at night, to Mr. Johnstone's, in Church-lane; it rained very hard, when the boy came back he was in a miserable condition; he had a very severe blow on his head, and was quite senseless; the next morning he came to his senses.

WILLIAM DREWITT sworn.

I am servant to Mrs. Morgan Williams, at the Star, in Well-street; my master sent me with a pot of beer, half after eleven,

the 15th of December last, to Church-lane, No. 20, to Mr. Johnston's; I carried it; Mrs. Johnston delivered a great coat to take to her husband, who was at the sign of the Star; it rained hard; coming out of Church-lane into Cable-street , I was met by some fellows; the first that came up with me laid hold of the coat and said,

"this is the chap.

How many were there that met you? - There were three or four that I could perceive, but only one came to me at first; then he called the other, and the coat was taken away, and they knocked me down.

It was dark, I suppose? - It was dark.

Did you struggle to keep the coat? - I had the coat under my arm, and I asked the man what he wanted to do with it, and he laid hold of the coat and called the other to assist him; the coat was taken away, and I was knocked down; I had no answer from him.

Was you knocked down before or after the coat was taken away? - After the coat was taken away.

What did he say to the other when he was called? - He said, come here, this is the chap; the first that came to my assistance was Mr. Lowe the butcher; when they knocked me down, I called out murder, stop thief, and they run away.

Do you know any of them at all? - Only one that first came up to me, and looked me in the face for a good while; that was the prisoner Burne.

Did you know him before? - No, I knew none of them before.

How long had he hold of you and the coat? - About five minutes, I believe he was standing looking at me; he laid hold of the coat, and kept looking at me.

Could you see his face? - Yes, I looked in his face, when he looked in mine; there was a lamp at the corner of the back lane.

Did he threaten you at all? - No.

Did he snatch the coat? - He laid hold of the coat, and called the other; I asked them what they wanted with it; they did not tell me; I struggled to keep it under my arm.

Look at the prisoner; when did you see the man again afterwards; I saw him at Justice Wilmot's on Wednesday after; this was on the Saturday night.

Was you quite sure it was the same man? - The same man.

You had never seen him before? - No.

Was not you alarmed and frightened? - I was frightened; but he looked in my face, and I looked in his face, and I thought he was going to rob me of it.

What did you think he was going to do? I did not know what; I looked in his face.

Prisoner. At the time I was apprehended for the robbery, I was brought before Mr. Justice Wilmot; I was brought into a room by myself, and four officers had this lad to see me, to swear to me; they gave him descriptions who it was, and what sort of a person I was, before the lad had seen me; they brought him into a room where I was sitting in a chair; they asked the lad if he knew me, and was not that the person; he said yes; had I been with any body else, the boy would not have known me from any body else.

Drewitt. There were two more prisoners in the room at the time I saw him; they asked me, if I knew the man, if I saw him; I said yes.

Did any of the officers of justice that took you into that room, point to that man and say, is that the man that robbed you? - No, Sir, they never put up their hand; there were three men in the room, and they asked me which was the man that robbed me, and I pointed to the prisoner.

RICHARD LOWE sworn.

On the 15th of December I saw Drewitt just at the bottom of Church-lane; it was Saturday night about half after eleven, I heard some person cry out. murder, thieves, two or three times; I took no particular notice, directly after that, there was a violent blow which I heard, and the people in the next shop heard it; with that I saw

four or five go past my door, as hard as they could run; I went directly out and found the boy in the dirt; I went with him to his master, knowing where he lived; the prisoner was one of the men that run by, there were others with him, I knew him perfectly well.

Prisoner. The officers have told him to swear so, and therefore he swears to me; whether I am the person or no, makes no great difference to him.

Lowe. I know him perfectly well, I have known him these three years.

Did you see that man pass your door? - I did.

On your oath, are you sure that Burne was one that ran past your door? - Burne was one, and moreover than that, he went by the name of Captain.

Was it light enough for you to see him? - I had three or four candles, and I had a lamp that gave three lights, and there was a shop on the right hand side, and another on the left with lights; it struck a very great light into the street, and the street is not very wide, it was a very wet dirty night; I heard the report of the blow as plain as you hear me speak; I went out then directly; before I heard the blow, I thought it was amongst themselves, it is frequently done.

How far was this blow from your house? - About twelve or fourteen yards where the boy was knocked down.

ROBERT DAWSON sworn.

I know nothing of the robbery, any further than apprehending the prisoner in consequence of an information.

JAMES SHAKESHAFT sworn.

On Tuesday last, the eighteenth day of December last, I received information against the prisoner and three others; coming through Petticoat-lane, I in company with other officers, met four men, the prisoner and three others; as soon as they got past us, we turned our heads, and they all set off running; one of the officers and myself took one of them; we took him to the watch-house; I went home, I think it was about ten at night, or between ten and eleven; we received a further information of the prisoner and another that had gone to a lodging in Frying-pan-alley, Petticoat-lane; we went there, and in a two-pair of stairs room, we went and knocked at the door, and they said they would not open the door; we told them we were officers belonging to Justice Wilmot, and should break the door open; accordingly the man that belonged to the room opened the door; we went into the room; there was another man that is discharged undressing himself; we could see nothing of the prisoner; but we looked under the bed, and between the sacking and the floor we found the prisoner and secured him, and took him to the watch-house; he there said, if he had not been afraid of being shot, he would have jumped out of the window; when we were before the magistrate upon examination, there was a dispute about what parish the robbery had been committed in, and the prisoner then said that it was done in Whitechapel parish; and the two men that were in custody that night with him were innocent; they knew nothing about it.

Prisoner. Why you certainly cannot be on your oath that I made mention of them words? - I am on my oath, and there are more people to prove it; they were all three committed for further examination; when he was brought up for further examination, he begged his companions to take warning by him, as they saw the situation he had brought himself into; I heard him; this was before the magistrate, it was not taken in writing.

Court to Lowe. I think you told me you had known Burne very near three years? - Very near three years, I know him perfectly well.

Did you inform any Justice of Peace or any body that Burne was one of the men? - I informed Mr. Dawson at the time, as soon as I could speak to him, not on the Saturday night; but as soon as I could after.

Court to Drewitt. What was you knocked down with? - With a stick.

Jury. Where did it strike you? - On the head.

Did it cut your head? - It did not cut it, it raised a lump on my head.

Lowe. He had a lump on his head when I came up.

PRISONER's DEFENCE.

I have not a friend in the world; I was in this room when Dawson and another man came up; a woman that I had connection with had a warrant against me, this man and two more brought in the boy into a room where I was sitting; when they brought me before Justice Wilmot, they asked the boy if I was the person that robbed him; and he said yes.

Williams. With submission to the Court. and the gentlemen in general, if the oath I have sworn is not sufficient, I will be sworn again; I did not let these men have any intercourse with the boy at all, I kept him at my back, I never suffered them to speak to him once; I said tell the truth and nothing but the truth.

Court to Dawson. Was the boy carried into the room to look at the prisoner? - No, my Lord; there were five prisoners in the room, and Burne was in the middle; I came out of the room, and desired Mr. Williams to take the boy in himself, which he did.

Did you describe the prisoner to the boy at all? - No, my Lord, not at all.

Did you say when he went in, is that the man that robbed you? - No.

Court to Williams. Did you point out the prisoner at the bar to the boy, when you went into the room, and ask him if that was the man that robbed him? - No.

Did you describe the prisoner at the bar as the man that robbed him? - God forbid I should do any thing of the kind.

Jury. Was there any body else besides the prisoner in the room? - There was the prisoner and several other people; now, says I to the boy, as soon as we got into the room, if you find any of the people that insulted you, point to him; the boy went in and pointed out the prisoner.

Court to Shakeshaft. Did you, when the boy went in the room, point out the prisoner as the person that robbed him? - I did not; there were several prisoners in the room, all standing together, and the boy looked at them, and looked all round the room, and said this is the man that robbed me; I did not point him out to the boy in any way whatever, upon my oath: there were three prisoners in the other room that were ironed, and the boy went and looked at them; there were three prisoners in this room; I never spoke to the boy about the man, nor described him, nor touched him in no way.

Prisoner. Was I going to die, I would say with my last breath, that that man Shakeshaft asked the boy if I did not rob him? - I did not upon my oath.

Jury to Lowe. When these three or four people were past the butcher's door, did you see any thing under their arms? - No, nothing that I could discern in their hands, any further than sticks, I could not discern every thing, I see them go past to and fro' two or three times in the evening; they run as hard as they could in the horse-road, Burne was one that came past my window.

GUILTY , Death .

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

Reference Number: t17880109-15

112. THOMAS IPEY was indicted for stealing, on the 11th of January , a man's hat, value 3 s. the property of Frederick Richmond .

The prisoner was taken with the hat instantly.

GUILTY .

(Aged fourteen.)

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880109-16

113. JOHN M'KENZIE was indicted for stealing, on the 20th of December last, a woollen cloth great coat, called a box-coat, value 20 s. the property of George Thornton , Esq.

John Atkins met the prisoner with the coat soon after the robbery, and took him into custody; he went to the lace-shop, and by comparing the lace, found it belonged to Mr. Thornton; he first said he bought the coat for half a guinea of a gentleman's servant, and then of a Jew for eight shillings.

Prisoner. My Lord Chatham gave me some money, and I bought the coat for eight shillings and six-pence; he knew the regiment to which I belonged.

Atkins. He had only seven farthings in his pocket when I took him.

(The coat deposed to.)

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17880109-17

114. SAMUEL STEEL (a Black ) was indicted for stealing, on the 20th of December last, three pounds weight of cotton, value 5 s. the property of George Hias Street , and William Harper .

The prisoner was taken with the cotton.

Prisoner. I am a poor man, and belong to the sea; I was out of work and very hungry, and I saw the cotton lay, and I picked it up to get me two or three half-pence; I never did so before.

Court. How old are you? - I do not know.

Where do you come from? - From America.

GUILTY .

Court. It will be mercy to the prisoner to let him be

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17880109-18

115. THOMAS VOBE was indicted for feloniously assaulting Ann Lincoln on the King's highway, on the 17th of December , and putting her in fear and danger of her life, and feloniously taking from her person, and against her will, two callico gowns, value 20 s. a silk gown, value 20 s. a napkin, value 1 s. two yards of silk, value 7 s. two yards of linen cloth, value 2 s. 6 d. half a yard of cotton, value 18 d. her property .

ANN LINCOLN sworn.

I am a mantua-maker , I had been into the Strand with some work; on my return home I came into Holywell-street, and into Lyon's-inn; crossing Lyon's-inn I heard somebody behind me, but I did not take any particular notice; it was a little after six in the evening; when I had got half way across the inn, I felt the bundle all at once go out of my hand; somebody snatched it from behind me, and pulled it away; I immediately cried stop thief; the man passed me.

He did not touch you at all? - He laid hold of my bundle and snatched it from me, he did not use any force, and I was so intimidated, I was incapable of resisting; I pursued him as fast as I was able, but I had my pattens on; coming up the steps I fell down, which occasioned me to lose sight of the prisoner; I saw the bundle in his hand; I recovered myself from my fall as fast as possible, and I kept on running; when I got to the end of the little passage, out of Lyon's-inn into Wych-street, I saw this witness Esther Martin , she directed me into New-inn, and I immediately followed her, and before I came to the man, he was taken by another witness, a soldier, who pursued him; when he was stopped he had not the bundle, he had thrown it on one side; but search was made, and it was almost instantly found and brought to me; I do not know where it was found; I thought when the man was stopped it was the same man, but I cannot say positively.

Was it a light or a dark night? - It was uncommon dark, the darkest night in the

whole week; there was not a creature near me when he took the bundle; I was remarking it when I passed through Lyon's-inn, Wych-street.

ESTHER MARTIN sworn.

I was going home with a bundle myself, in Wych-street; I saw a man running with a bundle from the prosecutrix, and in forcing past me he had like to have thrown me down; I saw the prosecutrix fall, and heard her cry stop thief; I immediately cried stop thief, and I saw him go into New-inn; and I saw a man coming along, and I called to him to stop that man; there was never another man going that way but himself, he immediately stopped him, and by that time I got up to him he had no bundle; I immediately said to him where is the bundle? he asked me in a very abrupt manner where I lived? I said, it is no matter, where is the bundle? a gentleman went in search of the bundle, and brought it; I do not know who it was; I kept sight of the man, though he out-run me, for I had a bundle; I did not see him drop the bundle; I am sure he never was out of my sight, but he run too swift for me; there was no other person in the street till he was taken; the gentleman who brought the bundle did not say where he found it.

JAMES FLOWER sworn.

I stopped the prisoner in New-inn, the 17th of December; I was coming to my master; I heard the call of stop thief, and immediately run towards the voice; and I saw the prisoner run through New-inn; I saw no bundle in his hand when he run across Wych-street; Mrs. Martin said, when I brought him to her, villain! what have you done with the bundle? he gave her some surly answer; I do not remember the words.

RICHARD DOBBINS sworn.

I am a constable; I took charge of the prisoner; I produce the bundle; I have had it ever since; I never opened it.

(Produced and deposed to.)

Who did the things belong to? - To Miss Burnett, daughter to Mr. Burnett, Bookseller, in the Strand.

PRISONER's DEFENCE.

I was coming through Lyon's-inn the same time the lady was, and when I came into Wych-street, they cried out stop thief; I run into New-inn, and that soldier cried after me, and I came back to him, and he laid hold of me; I never saw the bundle; I meant to put my trial off till Friday, then I should have had people to my character; a gentleman brought a bundle in ten minutes after, and said he found it in Lyon's-inn; and that lady said she saw me run with the bundle across Wych-street.

Court to Jury. Gentlemen, it seems to me, in point of law, this cannot amount to a highway robbery, there must be some proof of force; and I have asked the Chief Baron, and he is of opinion, it does not amount to a highway robbery; therefore I think you may acquit him of that.

GUILTY, Of stealing, but not violently .

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

[Transportation. See summary.]

Reference Number: t17880109-19

116. WILLIAM LUDLAM was indicted for that he, having in his possession a bill of exchange on Mess. Martin and Co. bankers, in London, for twelve pounds, dated 22d October, 1787; upon which said bill of exchange was a false, feigned, and counterfeited acceptance, signed E. D. Stone, dated 5th November, 1787, on the 8th of November , falsely and feloniously did utter and publish as true, the said false, forged, and counterfeited acceptance of the said bill of exchange, with intention to defraud Goslib Augustus Treyer , knowing the same acceptance to be false, forged, and counterfeited .

A second count, for that he having the same in his custody, accepted as before-mentioned, feloniously and falsely did make and forge on the back of the said bill of exchange, an indorsement thereon, in the name of William Washington , with the like intention.

A third count, for feloniously uttering and publishing as true, the said forged indorsement, knowing it to be false, with the like intention.

GOSLIB AUGUSTUS TREYER sworn.

On the 8th of November last the prisoner came to my house in a coach; I live in the Haymarket, and gave me orders for snuff of various sorts, and German pipes, to the amount of seven pounds three shillings; and after I had packed them up, he gave me an order for six pounds of Oroonoko tobacco, and five bottles of foreign snuff, and gave me directions to send the second order to Mr. Washington, No. 17, in Mortimer-street; he gave me this paper as the direction where I was to send the second order,

" William Washington , Esq; No. 17, Mortimer-street," Cavendish-square, London; the first order he took in the coach; but before that he gave me this draught in payment; I rather started at it, because I never had had any bills of him before.

Did you know the person of the prisoner before? - I had seen him at my house frequently, and he told me it was a very good bill, on the house of Mess. Martin, Stone, and company; and he said, do not you see it is accepted by one of the

partners? I answered, if it is from that house, it is a very capital house, I have had many bills upon it; when that was done, I desired him to indorse it, and I dipped a pen in the ink and gave it to him to indorse it; and he had the glove on, and he wrote with the glove on, the name William Washington , he did not write his real name; when I sent the second order according to his direction, which was in the afternoon, after he was gone, the people where I sent the second order, refused to take it in, saying such a person did not lodge there; then I ran myself there, and asked the woman; she said there was nobody lodged there but only mechanics; then I went to the house of Mr. Martin, and Co. and presented it, and asked if it was a true one; and they told me it was a false one, and they refused payment; then I went to Sir Sampson Wright's, and we did not find him till he was taken in the Minories, eight or nine days after, till he was advertised; then I went to the Counter to see him, and it was the same man; I know him perfectly by sight, he talked German, and I talked German with him frequently; but I never knew his name; he is indicted by the name of Ludlam, that is his original name.

How do you know that? - His own friends have been with me, and told me his name was Ludlam; his cousin has.

Did you know what situation of life he was in at the time he came to your house first? - He was an officer, I know.

Was he in regimentals? - Not in full regimentals, only in frocks.

You did not know where he lodged, till he gave you that paper of directions? - No; I asked him where I was to send this to, and he took and tore it from a letter.

(The paper of directions put into Court.)

What did you do with the bill? - I offered it for payment to Mr. Stone, and they refused me payment, then I went to the office, and shewed it to the Justice; they made me write my name on it, and it was delivered to this gentleman. (Jealous.)

Mr. Garrow, Prisoner's Counsel. Do you happen to know whether this prisoner has been in America? - I do not.

Do not you know that he has, for some years past, used the name of Washington? - Yes, he has left that name of Washington before.

Have you had any connection or transaction in which he has used the name of Washington, either by leaving a card at your house, or by calling himself by that name, or any other way? - I never knew, till after this transaction, that my wife told me he left a card in the name of Washington.

Did he tell you which house of Martin and Co. this was? - In Lombard-street, he told me.

CHARLES JEALOUS sworn.

I received this bill from the prosecutor, on the 27th of November, and it has been in my possession ever since; I know nothing of the charge.

(The bill put in and read.)

"12. Derby, 22d of October, 1787.

"Thirty days after date, pay Mr. John

"Wright, or order, 12 l. as value received,

"and place it to the account of, Gentlemen,

"your humble servant, George

"Brown. Messrs. Martin and Co. bankers,

"London. Accepted the 5th November,

"1787, E. D. Stone. Indorsed,

"J. Wright, W. Washington."

(Examined by the Record.)

SAMUEL JACKSON sworn.

I belonged to the house of Messrs. Martin and Co. I am a clerk there.

What is the firm of the house? - James Martin, Richard Stone , John Foote and James Porter : under the firm of Martin Stone , Foote and Porter.

Do you know any thing of that bill; was it ever presented to you? - Yes, I believe this is the same bill that Mr. Treyer brought one evening to our house, and enquired

after the goodness of it; the answer given him was, that the bill was not a good one; that it was a forged one, and in addition to that, we mentioned another circumstance that had lately come to our knowledge.

That you need not enter into; look at the acceptance of that bill? - This is not the acceptance of Mr. Stone, the partner in that house; his name is Richard; the initial of the Christian name here is E. D. I know nothing more of it.

Mr. Garrow. I understand there is another banking-house in London of that firm? - No Sir, there is a banking-house, with a Martin in the firm, but that Martin stands last instead of first; that is not in Lombard-street.

Is there ever a Mr. Stone in that house, Not that I know.

There is a Mr. Stone in Mr. Payne's house, is not there? - Yes.

Do you know that acceptance? - No, I cannot say I do.

Court. Now, Mr. Ludlam, this is the time to make your defence; and the fact of your having offered this bill to Mr. Treyer, is certainly proved beyond all question, if the Jury believe him; that it is not a true bill is also proved; now you gave him a paper of directions where he was to carry a second parcel of goods, which appears not to be true, and you carried off the first parcel of goods, so that in truth, you wronged him of the first parcel, and deceived him in the second instance; that is a very strong circumstance against you; now Sir, what do you say for yourself? I hope you will be able to explain it.

PRISONER's DEFENCE.

I received these bills of Mr. Thomas Allamby , my Lord, the beginning of October, at the Bull-inn, Bishopgate-street; and as Mr. Allamby and I had been intimate from our child-hood, I never suspected them to be bad ones, and as Mr. Allamby is now dead, I cannot bring him forth; I was in hopes, had I put off my trial, that I might have brought people from the country, to have proved our intimacy, and the money transactions that have passed between us.

Court. That would not have been even evidence for you, unless you could have proved the delivery of these bills.

Prisoner. I believe, my Lord, I could have brought witnesses to have proved the delivery of the identical bills.

Court. What answer do you give, Mr. Ludlam, as to the fact of your giving that direction to carry a second parcel of goods to a place where you did not live? - I had lodged in Mortimer-street, for two months, very nigh, in a room, with a gentleman of the Navy, named Worrel.

Where did you lodge at that time? can you give the Jury any satisfaction on that point, and why you ordered these goods to be sent to the other place? - I had lodged there so long, I did not, in the least, doubt but they would have taken them in; and I dare not have them sent to my own lodging, being very much in debt in name of Ludlam.

Have you any thing more to say, Mr. Ludlam? - Nothing more.

Court to Mr. Garrow. Have you any witnesses for him.

Mr. Garrow. I am afraid not, my Lord; but he has not stated any reason why he went by the name of Washington.

Court. I understood by your examination, that he had so gone.

Prisoner. I have gone by the name of Washington ever since the year 1785; Mr. Riley attends; he is subpoened.

Mr. Garrow. State to my Lord the fact that Mr. Riley can prove? - I was admitted at the Free Masons Tavern, by the name of Washington, and I refer to Mr. Riley to prove that.

(Mr. Riley called, but did not appear.)

Court. Gentlemen of the Jury, this prisoner, William Ludlam , stands indicted, for uttering a forged acceptance of a bill of exchange; and also is charged, with

having uttered a forged indorsement of that bill of Exchange, dated at Derby, the 22d of October, 1787, for 12 l. drawn by George Brown , payable to Mr. John Wright , or order, thirty days after date, for value received, and it is drawn on Messrs. Martin and Co. Bankers, London; it imports to have been accepted on the 5th of November, 1787, by a person described on the acceptance, E. D. Stone; and it purports to have been indorsed by Wright; the person to whom it was paid; and by W. Washington; it is the acceptance that is charged to be forged of Mr. Stone, and it is that indorsement by Washington that is charged to be forged; the prisoner is not charged with having forged either of these, but with having uttered the bill with the false acceptance and indorsement, knowing that they were so; by uttering is meant that he passed it in payment, and used it like a true bill, when he knew it was false; upon the facts of the case on the evidence, it stands thus: this prisoner had used the house of one Goslib Agustus Treyer, who lives somewhere in the Hay-market, and deals, among other articles, in snuff. (Here the learned Judge summed up the evidence and then added as follows:) On the paper which he left with Mr. Treyer, which looks like the cover of a letter, are written these words,

" William Washington , Esq; No. 17,

"Mortimer-street, Cavendish-square,

"London." Now, if in indorsing the name of Washington there was no particular fraud meditated, that would not be considered a forged indorsement; signing by the false name, will not alone, unless there is a fraudulent use made of it, make it a forgery, so as to expose him to the charge of making a forged indorsement; upon this evidence, I think it must be taken to be a bill on Martin, Stone and Co. who are bankers in Lombard-street; and to have upon it a forged acceptance: but the material point for your consideration is, whether this man, who offered it in payment, appears to you to have uttered it, under circumstances that prove he had some concern in the forging of the bill, or that he knew it was forged; I directed the attention of the prisoner in his defence, to that point which seemed to me to press him most, with respect to the knowledge; because, if you find a man uttering a bill, which turns out to be forged, with all the circumstances on his part that are open and fair, and no disguise whatever; you will not conclude, merely from the circumstance of his having the misfortune of uttering a forged bill, that he knew it was forged; on the other hand, if you find him playing any tricks, or using any disguise, or any management that demonstrates any fraud in the passing that bill, you will conclude he had such knowledge; the circumstance that presses this man, is certainly, that he came there, and gave two different orders for different parcels of goods; with respect to the largest parcel of 7 l. 3 s. he takes this away with him in a hackney coach, therefore he actually got the possession of these goods, and carried them off, and where he carried them to no body knows; with respect to the other parcel of goods, he gave a direction, which turned out to be a direction that was not a true one; it was not a place where they were likely to be received, and in fact the people would not receive the goods, so that the question is, whether that is not an artifice to prevail on the man to part with the first parcel of goods, on a false security, and that is the way in which it applies: now, he says first, as to the bill, he received it from Mr. Allamby; his trial was put off last sessions, to give him an opportunity of establishing that fact, Mr. Allamby is dead, and he cannot now establish it by calling Mr. Allamby; and to be sure it would not be a very likely thing that he would come here to prove that he put a forged bill into his hands; he says to that, if his trial was put off longer, he might have been able to establish that by other testimony; but he was not able to state any circumstance that could induce the Court to suppose, that if any time was given to him, it would be possible for him to shew the fact that he received it from Allamby;

therefore, that the Court cannot take any notice of; but with respect to the more material point as it strikes me, which is the transaction itself with Treyer; what he says, is this; he wanted such goods, and took away such as was convenient to him; he took it to his own lodgings, which he was obliged to keep private on account of his distressed situation; and he says, it occurred to him that he might order the other part of the goods to this other place where he had lodged before, as he supposed that they would take them in; and he says, that that circumstance therefore ought not to operate upon you, that he meditated any fraud on the prosecutor; it is on that subject principally upon which your discretion is to be exercised; here unquestionably is a bill with a forged acceptance upon it, passed by the man at the bar; the question is, whether he must have known this was not a true bill at the time he passed it; to be sure originally, a man who has the misfortune to pass a forged bill, is bound to prove how he came by it, and there might be a great deal of indulgence on that point for a man who might have the misfortune to pass a forged bill; because a man may receive a forged bill and lose his evidence, as the prisoner says he has; therefore, jurors in all those cases, look more narrowly into the manner of the circumstances, under which the man acts the moment he passes the bill, and form their judgment, rather from these circumstances, more than from the passing the bill merely; for though his saying he received it from another person would not be a direct answer; yet if a man passes a bill with every circumstance of fairness and openness without the least disguise, there is great reason to suppose that he did not know it was a forged bill, unless there is proof that he knows of the forgery; now, you will consider the manner in which this man conducted himself at the time he passed this bill; if you believe he was conscious this was a forged bill, and he knew it, then he is answerable to the extent of this indictment which charges him with the uttering the false acceptance; with respect to the indorsement, if you can satisfy yourselves about the acceptance, I think you may satisfy yourselves about the indorsement, having put that name publicly on it, which there is some evidence he did go by at that time; but upon the other point particularly you will consider seriously, and do justice to him and the public credit by your verdict.

Jury. My Lord, we wish to know when he received the bill of Mr. Allamby.

Court. We cannot ask the prisoner questions now.

Jury. Because I think he said he received them in October, and the date of the acceptance is the 5th of November.

Court. It would not be fair to press the prisoner with very sharp observations, on what he says here in his defence; as to what he says now, if it does not make for him, it should not make against him, because we do not ask him to accuse himself, but to defend himself; as to what he said at the time he gave the bill to Treyer you do well to consider that.

GUILTY , Death . On the first Count; Not Guilty of the two other Counts.

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

Reference Number: t17880109-20

117. The said WILLIAM LUDLAM was again indicted, for that he on the 3d of November, having in his custody and possession, a certain bill of exchange with the name of Storr thereto subscribed, bearing date, Newark, 3d September, 1787, and to have been drawn by - Storr, and to be directed to John Pybus the elder, and Co. New Bond-street, London, for 20 l. to Thomas Carr , or order, seventy days after date, on which was contained a certain false, forged and counterfeited acceptance in writing, with the name J. Pybus, the elder, thereto subscribed , tenor of which said acceptance is as follows;

"accepted 21st of October, 1787; J. Pybus," did on the said 3d of

November , feloniously utter and publish as true, the said false, forged, and counterfeited acceptance of the said bill of exchange, with intent to defraud John Bagalley , well knowing it to be forged.

A second Count. For that he, on the said 3d of November, had in his possession, a like bill of exchange, on which was contained, a certain false, forged, and counterfeit acceptance, being the acceptance of John Pybus , the younger, and did publish the same as true, with the like intention.

JOHN BAGGALLEY sworn.

I keep a hosier and hatter's shop in Fleet-street ; on Saturday the 3d of November, about five in the afternoon, the prisoner came to my house, he looked at some hosiery and hats to about fifteen pounds, I am not sure to a few shillings; he then put his hand into his pocket, and said, he had not quite cash or bank enough to pay for them; he had a bill and receipt made out in the name of Watkins.

Was he purchasing for himself or another? - He said they were for himself, that he was going out in the civil establishment in the East India Company's service to Bengal.

Did you see some cash in his hand? - I saw some cash, it was gold, but what I cannot say; he then said, here is a good bill, will you chuse to take it; I looked at the bill, took it and read it, and made several trifling excuses, and avoided parting either with the bill or the goods; at last I put the bill in my pocket, and knocked the goods back with my elbow, which were ready packed up; and I told the prisoner, as he was a stranger to me, before I parted with the bill or goods, I must make a proper enquiry about the bill; he said he was going to dine at the Bull Inn, in Bishopsgate-street; he said he lived No. 3, Dover-place, Newington Butts, and would call again in about an hour; I told him I would send to Dover-place the goods and the difference, after I had enquired about the bill; I told him I should do that first; he said that was needless, as he would call again for the goods and the difference; as soon as he went away, which was in a hackney-coach, I went directly to Mr. Pybus; I did not offer it for payment, but I asked them whether it was a good one; they replied it was not.

To what Pybus did you go? - To Mess. Pybus and Co. in New Bond-street, where the bill is addressed; Mr. Pybus junior informed me it was a forgery; I came back as soon as possible, and found he never had called; he did not call again; a week elapsed before I gave myself any trouble to enquire about him, and I never saw him after, till I saw him in custody before the Lord Mayor; after he was in custody I went to enquire for No. 3, Dover-place, to ask if a person of the name of Watkins resided there; there is no number to the house in Dover-place; I took the third house from the beginning, as you go to the Elephant and Castle, and there was no such person; I went to the third house from the other end, which is a lady's boarding school, kept by a person I have known some time, and no such person resided there; I know nothing of the bill further than I was told at Mr. Pybus's; the bill is in the same state I received it, except my name at the bottom, and a bit of paper pasted at the back.

(The bill read and examined by the Court.)

"Newark, Sept. 3, 1787.

"Twenty days after date pay Thomas

"Carr, Esq; or order, 20 l. as value received,

"and place it to the account of

"gentlemen, your humble servant,

"Z. Storr.

"Mess. Pybus and Co. New Bond-street,

"London.

"Accepted 21st October, 1787. J.

"Pybus."

THOMAS DENNISON sworn.

I belong so the house of Mess. Pybus and Co. I am a clerk there.

What is the firm of that house? - John Pybus , John Cole , John Pybus , junior, John Grant , and Fagan Hale.

Where do they live? - In Bond-street.

Is there any other house of Pybus and Co. in Bond-street? - No, nor in London that I know of, nor any where else.

Look at that bill; do you know any thing of that bill? - No, I do not.

Do you know the drawer? - No, we have no such correspondent.

Look at the hand-writing of John Pybus , the acceptor? - It is not his handwriting; there are two Mr. Pybus's; it is neither of their writing.

Do the parties ever accept separate? - No they do not; they accept Pybus and Co. or Pybus, Cole, and Co. they never accept separate.

Who are the persons that do accept in your house; have you any clerks that accept for your house? - There is one, his name is Raines; I know his hand, that is not his writing; he always accepts in his own name for the house.

Then that certainly is not the acceptance of any of the persons that compose the firm of Pybus and Co.? - It is not.

Court. Mr. Ludlam, what have you to say to this? - Nothing.

Court to Jury. Gentlemen, it might happen to an honest man to have a bad bill; but if he conducts himself as an honest man, if he utters the bill, and gives a true account of himself, it may be a reason, though a bill is forged, not to charge the person who utters it with knowing it to be forged; the question here is, whether he knew it to be a forged bill; and most unhappily the circumstances are very strong against the prisoner; he represented himself to be a man of the name of Watkins, his name being Ludlam; representing himself to be a person, going on the civil establishment to Bengal, and using that pretence to get this bill negotiated, and never returning; instead of which there is no such person living in Dover-place, he never comes back again at all, but abandons both bill and goods; these are circumstances that do manifest a consciousness that that bill was not negotiated in a fair and regular course; therefore what can we infer, but that the prisoner must have known what sort of a bill? this poor unhappy man has no answer to give to it at all, and I am afraid it is a case too clear to admit of any answer.

Jury. Let us see the bill.

(Shewn to the Jury.)

GUILTY (Of uttering) Death .

Tried by the London Jury before Mr. Baron EYRE .

Reference Number: t17880109-21

118. HENRY SYMMONDS was indicted for stealing, on the 16th day of December last, three curtains, belonging to a sedan chair, value 3 s. the property of James Blinkoe , and Thomas Smith .

JAMES BLINKOE sworn.

I am a chairman ; my partner's name is Thomas Smith ; I lost three curtains from my chair, near to the door of the Nag's-head, in South Audley-street ; in the morning I saw my chair was robbed; I went into the house, and acquainted the landlord; he said, do not make yourself uneasy, for the patrols have taken the prisoner and the property; I went to the watch-house; presently a man came, and offered me money to let the prisoner go, I said I could not, we had suffered so much; there were four curtains; here is the other curtain; they were found in the watch-house; I received them from the patrole.

HENRY BARNETT sworn.

I am a patrol; I apprehended the prisoner about one in the morning; I saw him loitering about in Oxford-road; I did not like the looks of him; I told him to go home; he went away, and in the morning, a little before six, I saw him again with his pockets full of something; says I, my friend, I am sure you have been about no good; I searched him, and found these three curtains in his pockets; I took him almost at the top of Oxford-road.

(The curtains deposed to.)

Mr. Knapp, Prisoner's Counsel. Did you bring these curtains here? - I have brought them here; I have had them in my possession ever since.

Is this your own chair, or are you only hired as a chairman? - This is my chair and my partners; our own property.

PRISONER's DEFENCE.

I found these curtains at the top of Oxford-road; I had been at work three days in Holborn, and I went home just at eleven, and the woman was gone to bed; I could not get in, and I asked the watchmen where the watch-house was? they said, if I did not go about my business, they would put me in the watch-house; from thence I went to Charlotte-street, to a public-house, they were gone to bed, then I went to the Red-Lyon, Red-Lyon-street, Holborn, and could not get any lodgings there; then I went to go to Portland-mews, and coming back I found these curtains; I went into one of the coach-houses at half after five, and it was very cold, and I went to one of these houses where the watchmen go, and they took me.

Court to Barnett. Was it at the public-house where the watchmen meet that you found this man? - He came into that house, and had a pennyworth of purl, and a halfpennyworth of gin, and the landlord turned him out, then I saw his pockets stick out; he told me he found the things at Whitechapel.

Are you sure he said Whitechapel? - Yes, and then he said he found them in the city.

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

GUILTY .

Whipped , and imprisoned three months .

Tried by the first Middlesex Jury before the Lord Chief Baron.

Reference Number: t17880109-22

119. JANE WILLIAMS , otherwise DICKERS was indicted, for that she, on the 15th day of December last, feloniously did take away, with intent to steal, a pair of sheets, value 8 s. a counterpane, value 4 s. a shovel, value 1 s. and sundry other goods, value 17 s. the property of Robert Jolland .

ROBERT JOLLAND sworn.

I live in Providence-court, George-street, Grosvenor-square ; on the 14th of December last I had a one pair of stairs room to let, furnished; I shewed it to the prisoner; she told me her name was Williams; she formerly kept a house in Salisbury-court, eleven years, and had lived in good repute, but was reduced; she said her husband had fallen from a scaffold, and had received an injury; and that he was well acquainted with Mr. Lee, a master builder, in Queen-Ann-street, who had employed him in the country, where he was building a house for Lord Petre, in Essex, and being an easy job, he let him continue there, almost for the recovery of his health, and paid him 18 s. a week for his labour; she told me she received 8 s. every Saturday night, part of her husband's earning, at the pay table of this Mr. Lee, at a public-house, in Queen-Ann-street; and if I would go with her the next day, I should be convinced of the truth of what she told me; and if I wanted any security for the property, I might have further; I told her I thought 8 s. a week would not enable her to live, and pay 4 s. out of it; she said no; she had a bundle in her hand, a black bonnet unfinished; she told me the worked for a Mr. Attersley, opposite Dean-street, in Holborn, at millinery, and had this bonnet to make, and a cloak and hat likewise to finish; and so circumstanced she was, she did not know what to do, for she had lost almost that whole day to look a lodging; she said the day before she lodged with Mrs. Allen, in Little Grosvenor-street, but for arrears of rent, this Mrs. Allen owed to her landlady, the goods were seized, and the house was shut up, and she wished to come in

that evening; I made no enquiry that night, and she came in, and required an inventory of the goods; she went out; as I thought for necessaries, two or three times; the next morning she went out, and not returning, I went to enquire after her, and found her account false; I broke open the door, and missed the things in the indictment; I took the prisoner the same evening, at Mr. Blade's, the pawn-broker's, and she made a full confession; I made her no promise at Litchfield-street; she gave full information where the things were.

(Thomas Lewin and Rice Jones produced the things, which were deposed to by the prosecutor.)

PRISONER's DEFENCE.

The gentleman asked me for a week's rent before hand, and I foolishly took the things to make up the money; I should have made the things good; my husband is in the hospital; I have three children, and big with the fourth; I hope you will not send me away from my family, if you put me to ever so great punishment here.

GUILTY .

Transported for seven years .

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

Reference Number: t17880109-23

120. ELIZABETH LEICESTER was indicted for stealing, on the 3d of January , three linen shirts, value 5 s. a muslin handkerchief, value 1 s. three aprons, value 18 d. a pair of ruffles, value 6 d. two shifts, value 18 d. four muslin caps, value 1 s. twelve linen caps, value 2 s. seven linen handkerchiefs, value 4 s. and a piece of linen, value 2 d. the property of George Alexander Priestman .

GEORGE ALEXANDER PRIESTMAN sworn.

I live in Brownlow-street, Drury-lane ; I lost the things in the indictment on the 3d of January: my wife and me were at dinner on Thursday, and one of my lodgers came down stairs to go to the door, and seeing a woman come down stairs which she did not know, they asked us if any body had been there; she said the woman came down stairs with a bundle; my wife and little girl pursued after the woman; I overtook her in the passage, and I found my wife with the woman; I asked her if she had got any thing belonging to her; and she said yes, she had found a cap that she was sure was hers; I brought the prisoner to my house, and a Justice was in the street, and came in, and she had this property in her apron, which she dropped at my feet; I saw it found.

SARAH PARKES sworn.

I went down stairs to fetch some water, and at the foot of the stairs I saw a person at the door; I said, cannot you open the door? she said no; I opened the door, and shut it after her; that was the prisoner; and I saw a bundle in her apron when I opened the door for her; she went out with the bundle in her apron; I informed the prosecutor; I did not see what she had in her lap.

SARAH PRIESTMAN sworn.

On the last witness knocking at my door, I ran out after the prisoner; I did not get sight of her till she got into the little court, a little way up the street; I put my hand in the bundle, and took out a cap the first thing; this is the cap; I said this is my property; I knew it by the striped muslin and the edging; the linen was all wet; it was taken out of the washing-pan; I had just come up to dinner; then my husband came up, and we took her back; these things were found upon her in my presence; I know all the things.

CHARLES WATKINS sworn.

I was standing at the door when they brought this prisoner to the door; I went in with her, and I saw her drop the linen.

PRISONER's DEFENCE.

I know nothing of it; I was in liquor; I leave myself to the mercy of the Court.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880109-24

121. SUSANNAH STEWART was indicted for feloniously stealing, on the first of January , a silver watch, value 40 s. three cloth coats, value 20 s. two cotton waistcoats, value 4 s. a pair of breeches, value 7 s. two shirts, value 5 s. two cambrick handkerchiefs, value 2 s. the property of William Dowlman ; one gold watch, value 8 l. a steel-watch chain, value 2 s. one cornelian seal, set in gold, value 4 s. the property of Thomas Willows ; in the dwelling house of the said Thomas Willows .

(The witnesses examined apart.)

WILLIAM DOWLMAN sworn.

I was not at home at the time of the robbery; I know nothing of the prisoner.

THOMAS WILLOWS sworn.

On the first day of January, I saw the prisoner upon my stairs, at the top of the stairs; I live in Leicester-fields ; I never saw her in my life before; it was almost three in the afternoon, on the first floor; I was going along the passage; she had got down the first step, and saw me, and drew back, she did the same again; I stood to see who it was, and her going out of sight caused a suspicion; I ran up stairs to her, when she was on the stairs, and saw her with a great bundle of clothes in her apron, the clothes were sticking out of both sides, but when I went up she dropped them on the landing-place; before I had got up she had got down two or three of the steps; I met her on the stairs, and asked her what she was doing there; she said, she came up with the servants to help them to make beds; I asked her which of them it was, if she knew their names; she said, she had forgot their names, but she had been acquainted with them a long while; then says I, come down with me to the bottom of the stairs, and I will call them up and see if they know you; one of them was called up, she did not know her; I called the rest of the servants, and while the rest were coming, though I held her as much as I could, but she got away from me, and got out of the door and ran away; I was very much flurried; I did not follow her, nor call out stop thief, but I ran up stairs to see the things she had put down, and I looked them over, and moved them from the landing-place to my own bed-room; there were some coats and waistcoats of my young man's, William Dowlman 's, and I looked at the head of the bed to see if my wife's gold watch was there, and it was gone.

Was your gold watch ever found? - Never; I went in a coach after to Mr. Hyde's office, and described the woman, and she was taken the next morning, and he sent for me.

Are you sure she is the same woman that you saw? - Yes, I am very positive it is the same woman.

What opportunity had you of observing her? - I talked to her, and changed a great many words with her on the stairs, and again on the landing-place; I stood facing her some time; I know her by her speech; I am very sure it is the same woman.

When had you seen your watch at your bed's head? - About eleven o'clock the same day.

Prisoner's Counsel. This was about half after two, I think you say? - Yes.

You did not say it was two, did you, when you was first examined, you did not mention the hour of two? - I do not remember that ever I did.

Are you deaf? - No.

Then why do not you answer me, because it is a plain question, whether you did or not? - No, I did not, I said it was after two.

Now you have got to half after two? - I never said no other.

You did not alter your note when this woman said she would prove where she was? - I did not.

Your maid servant was there when the person was on the stairs? - She was called up.

To look at the young woman? - Yes.

Was your wife at home? - Yes.

Was she called up too? - No.

She did not see her then? - No, she had some ladies with her, but the maid servant came to look at her particularly; she only put her head up; she did, I believe, see her.

Is she in your service? - She went away from us this morning.

How came that about, is not she here? - No.

How came she not to be here, Mr. Willows; did not you tell her the trial was to come on this day? - I told her nothing about the trial; she was not the only person about the house that saw her, my daughter saw her, and the coachman in the yard; the maid servant is not a sober person; she was discharged for being drunken.

Yet you kept her from the first of January till this day? - I suppose she lived with us six months.

You was a little alarmed at the time you know? - Very well, Sir.

You was so? - Yes.

So much so, that you could not hold the young woman but let her go, and was so frightened that you did not follow her? - It is so.

Now all these things that were put into the indictment, none of them were lost, but they were found on the stairs? - She left them on the landing-place; she had them there first.

That is as you say? - The first person I spoke to was Mr. Hyde; I did not speak to any of the family first; I saw one as I went in; I do not know his name.

Was that the man that brought you the woman? - I do not know who brought her.

Who came to you? - One of Mr. Hyde's men; I do not know his name.

What did he say; master we have got the woman, that will do for us, did you see the person? - No; what person do you mean.

Is not he here? - I do not know who it was that did come with the bag.

What had you no conversation with any one of the runners about this business? - I had no conversation with any of the runners.

Why you described the person? - Yes, I did; I had opportunity enough of seeing her, and hearing her speak.

How did you describe her speech? - Very soft; I knew her by her speech as much as any thing, though the next time she came to Mr. Hyde's, she came disguised.

Who did you describe her to? - To Mr. Hyde.

Did he take it down in writing? - I do not know; I did not give it in writing; I described her person.

Let us hear you describe the person? - A short woman with a pale face, a black bonnet, a black cloak, a black gown and a white apron.

Now does not every woman almost answer that description; which of the runners was it that told you they would find you a woman that would answer the description as well as they could; was not it the same person that told you, I owe a grudge to a young woman for indicting me at Hicks's Hall some time ago? - I described her very hollow in the upper part of her nose.

You mean to say upon your oath, that without any other marks at all than what you have told us, Mr. Hyde immediately told you, I know the person; come on

Monday you shall have a woman that will answer the purpose? - He said, he believed he knew who it was.

Who whispered the justice? - Nobody saw her in the house so much as my eldest daughter; she is here; she was in the doorway of the room, about a yard and a half off.

And the woman had a bonnet? - It was not a deep very bonnet; her face was seen plain enough.

Was not you told the day afterwards that she was the woman that you was to know again? - I was sent for to see if I knew her, and I did know her.

What was you told as you was going there, or when you came there? - I went by myself.

Who spoke to you first, upon your oath? - I believe Mr. Hyde.

Are you sure one of the runners did not, upon your oath? - I am pretty sure they did not.

Where was the woman put? - To the bar.

No other young woman put there but her? - I believe there was; I think there was another young woman present.

There was another young woman present; she was a very tall woman perhaps? - I do not know; I know this woman; there was another woman in sight.

How wide is the bar? - I suppose four feet.

Why you know to the contrary, because it is the width of a common door? - No, it is wider than a common door; there is another door into the office.

No; that is the door into the office? - I do not believe it is much less than four feet.

Court. Where do you say you live? - In Leicester-fields? I keep a carpet and upholstery warehouse.

Did you ever see this woman before that day? - No, never to my knowledge.

How came you to part with that maid servant this morning in particular? - She was not a proper person to bring; she is hardly ever sober; we have hired another to come this week past; she is to come to night.

When was it fixed that she was to go away to-day? - It was fixed two or three days ago.

Why did not you bring her here as a witness? - I looked upon it that myself and my daughter, and another woman that saw her come into the house, were sufficient witnesses without her, who is never sober.

Did you ever take that maid to see the prisoner, since she was taken up? - No.

Never? - No.

She has never seen the prisoner, to your knowledge, since she was taken up? - No, we never thought of her being an evidence in the cause.

Why you called her up to see if she knew the prisoner? - Then it was for want of thought indeed, and nothing else; I declare we had never any other meaning, whatever the Counsel may insinuate.

Counsel. Who advised you to indict this young woman capitally? - I know nothing at all of that.

MARY ANN WILLOWS sworn.

Were you at home when the woman was found by your father in the house? - Yes.

Did you see that woman? - Yes, in the passage.

What was she doing in the passage? - She was struggling to get away from my father.

I believe she did get away from your father? - Yes, Sir, I saw her.

How long was it before she got away from him? - Not above ten minutes.

Your idea of ten minutes cannot be correct; do you mean to say she was struggling with your father ten minutes? - Yes, I dare say she was.

Have you any idea how long ten minutes is; was it as long as you have been out of Court? - No, Sir.

Now as near as you can judge, how long might she be struggling with your father? - About three minutes.

How many servants were in the house at

that time? - I called them all; the moment she saw the servant come up, she got away from my father.

Why could not the servants come up sooner? - I did not call the servants till my father told me.

Did not he tell you to call them immediately? - No, not directly.

Where did you stand? - At the nursery door, that is on the ground floor.

Was her face or her back to you when she was struggling with your father? - Sometimes one, and sometimes the other.

Did you see her, so as to know her again? - Yes, perfectly well; it is her, I am quite positive of it.

Jury. How old are you? - Between sixteen and seventeen.

Counsel. Then you did not go to your father's assistance at all? - I heard a person on the stairs, I was in the nursery, then I went to the door, they were in the passage struggling.

Then you did not go to your father's assistance at all? - No, I staid still, and called the servants; the person struggled and got away, and nobody went after her; I had never seen that person before; the person had a bonnet on.

Part of the time you saw the face, and part the back? - Yes.

When the side was to you, you know you could not see the face at all? - Part of the time she faced me.

The person did not stand still for you to take an observation of them? - No, Sir, they did not; I never saw the person before; I saw this young woman at Mr. Hyde's, and she was the person I saw at my father's.

Was you present when the person came from Mr. Hyde's to fetch you and your father? - Yes, I was there.

What did he say? - My father came the first time to fetch me to Mr. Hyde's, my father asked me, if I knew the woman when I saw her.

Did not your father tell you there was a woman in custody? - My father said he fancied he had the woman, and desired me to go and see her.

Then he told you he had been at the Justice's, and he had seen a woman there, who he fancied was the prisoner? - To the best of my remembrance he did; I had not seen the officer from the office before that.

As you was going to the Justice's, your father and you talked about this matter? - No, Sir, all he said to me was, he fancied the person was in custody.

The maid did not go with you? - No Sir.

She has left you to-day? - Yes.

She was with you this morning? - Yes, she went this morning.

What kind of a woman is she? - A cook.

A decent person? - Yes.

A woman of good character; I mean nothing bad about her? - No Sir, it did not suit my father to keep her.

What was she parted with for? - Because she was apt to drink.

She was not tipsy this morning, I suppose? - No Sir, not that I know.

ISAAC BENTLEY sworn.

I am a coachman to Mr. Bennet in the Haymarket, I say the prisoner come down the yard belonging to Mr. Willows, where my horses stand, it comes into Lisle-street, the yard comes one end into Lisle-street, and one end to the back of his house; I saw a woman come into the yard about three.

What sort of a woman was it? - A palish complexion, a lustyish woman, shortish, with a black gown, white apron, black cloak, and black bonnet.

Did you speak to her? - I did not; I should know her again.

How came you to notice her so? - I looked in her face as she passed me; I was going to speak, my horses were in the way as I thought; that is the woman.

Are you sure of it? - Yes.

Mr. Garrow, another of Prisoner's Counsel, Coachman, you had no acquaintance

with this woman before; had you? - Not to my knowledge.

Was you on your box? - My carriage was in the coach-house, I had taken my horses from it, this woman passed me when I was with my horses; to guess at the time I saw her, I cannot.

About a second I should suppose? - I cannot tell.

But you saw a woman with a black gown, black bonnet and cloak, and white apron, that passed you in a second? - Yes.

How long have you lived in London? - I have lived in London between sixteen and seventeen years.

Are you as nice an observer of every body; is there nobody that you passed today now, but you could tell again to-morrow, because you had no more reason for noticing this woman; you had no acquaintance with her? - None at all.

You did not attempt to stop her? - No.

Now remember this woman's life is at stake; do you mean to swear to a woman that you never saw before in your life, with a bonnet on? - It is the same woman.

You mean to swear that? - Yes.

Are you acquainted with any of Mr. Hyde's people? - No Sir.

Have not you been with them to-day? - I have seen nobody to-day but Waters, I have not seen him before this affair happened.

You have seen Waters a little to-day; have you talked this matter over to-day? - Nothing particular.

Nothing at all? - I said nothing concerning the business particular.

Do you mean to swear that which you have once said, that you and Waters had no conversation about this to-day; no conversation with Waters particular or general? - No.

You had no particular conversation about this woman; do you mean to swear now that you never had any talk with Waters at all about this prosecution or this woman? - No further than whether he thought the trial would come on to-day.

That is all? - That is all the business I have done with Waters to-day.

Do you mean to swear that all the conversation you have had with Waters to-day about this prosecution, or about this woman, has been whether he thought this trial would come on to-day? - I have had no other conversation with him.

Do you mean to stand by that? - I mean to stand by what I have said.

WILLIAM WATERS sworn.

On New Year's-day Mr. Willows came down to the office and gave information that he was robbed, and described the woman; I went to Mrs. Stewart's lodgings the next morning, and took her out of bed; he told me she was a short woman with a black gown, black cloak, and black bonnet; and I thought it was her by the description.

Was that all the description? - Yes, all that I heard.

Do you mean to say from that description alone you knew the prisoner? - No, I was not sure it was her, but I thought it was her.

Did you know no other short woman with a black gown, cloak, and bonnet, but the prisoner? - No, I cannot say I do.

Court. She does not seem to be short; do you mean to say the prisoner is a short woman? - She is not very short nor very tall; I do not know her by any thing particular, only I went to her house; Mr. Hyde mentioned it first, and desired we would go there.

How came he to know her by that description? - I do not know, she had been at our office several times before.

Had there been any dispute between Mr. Hyde and her before? - None that I know, only that she was brought out of a house in Leicester-fields by two constables.

Prisoner. I never was.

Where did the prisoner live? - At Chelsea.

You went there merely upon that description of that woman with a black bonnet, cloak, and gown? - Yes, by the direction

of Mr. Hyde; I knocked at the door, Mrs. Stewart looked out of the window; she knew who I was, she came down, I told her what I wanted; she asked me what it was about; I told her it was concerning a robbery some time back; she then had her black gown and things on.

Did she come in that dress to the office? - Yes, in a black gown; she brought a silk gown with her, and wanted to put it on before she had her hearing; but Mr. Read the magistrate heard her first, he would not let her; we went back to the house with a search-warrant, and found a parcel of keys that I have in my pocket; but nothing belonging to Mr. Willows; Mr. Willows went with us; (the keys produced) she picked out the key of her own house, and here is a turn-screw.

Court. This is the key of a street-door.

Prisoner. It is the key of my street-door, the other is the key belonging to a gentleman that died at my house, he was a stove-grate-maker; I had no use for keys that was bad.

Counsel. You never heard that Mr. Hyde and she had a quarrel? - No.

How long have you been a runner to Mr. Hyde? - Two years.

You know Blacketer and Beamish I suppose? - I have seen them and so have you; I never drank out of a pot with the men in my life.

You do not know that that woman indicted them for improper conduct? - I never heard it till she told me at the office herself; when she came to the office, she threatened to serve me as she did Blacketer; then she told me.

This was the prisoner's own house? - Yes, as far as I know.

Why did you call it a lodging? - I went into her bed-room.

Who had you the description of this person from, from Mr. Hyde or Mr. Willows? - From Mr. Willows himself; I was called into the room after he had been talking to Mr. Hyde some time; then Mr. Willows gave me the description.

Was you present when Mr. Willows first came to the office? - No; I did not see him at first.

You said she was a short woman; now you say she is not very short? - I say; he said a short woman with a black cloak, black gown, and black silk bonnet; when he came back with me he saw the bonnet; and said, that is the bonnet she had on.

Do you know Bentley the coachman? - Not that I know; I did not know his name was Bentley.

Have you had any conversation to day with him on this business? - I have not seen him till he was called for in Court upon my word; upon my oath I have not seen him.

You have not spoke to him to-day? - No, Sir, I am sure I have not.

Then you have had no conversation with him about this woman, nor when the trial was to come on, or any thing of that kind? - No, Sir, I have not; nor I have not seen him till he was called into Court.

Prisoner. If you please my Lord to give me leave to speak; I was robbed this time twelvemonth; three of the runners were convicted of robbing me; I gave five shillings to Waters.

Waters. I believe it is a twelvemonth ago; I never saw Mrs. Stewart; she came to the office, and told a very terrible story to Lucy the barber; she said, Waters, if you will go with me, I will pay you, there the woman is.

Then you do know of some dispute she has had with some of the thief-takers? - Well, Sir; she went to some house and they had got three guineas of her; I had five shillings of her; one of the men is Lucy the barber.

Court to Mr. Willows. What were done with the things that were thrown down on the landing-place, and carried into your room? - My young man, William Dowlman took them up, and took them to Mr. Hyde's.

WILLIAM DOWLMAN sworn.

When I came home, I took the things

in my possession from Mr. Willows's room.

Court to Mr. Willows. Did you see him take them? - I did not see him take them.

Then how can you tell they are the same things? - I viewed them well; I viewed them in the place where the woman dropped them; and I viewed them again in the bed-room, and I am positive they are the same things.

How came you not to deliver them yourself to the witness? - I ordered him to keep them secure to himself, and he took them to the Justice's; and since that I kept them under my lock and key; he took them from the spot where I left them; I left them just with inside of my bed-room; they were all lying loose.

Dowlman. I found the things in Willows's bed-room, all laying in a heap just by the door, loose, not tied up; they are here; here are three coats, they are my things, some of them are marked with a D. here are two waistcoats, one pair of breeches, two shirts, two neck-handkerchiefs; I know them to be mine.

What may the value of these things be? - I value them at five guineas.

Court. Why they are valued at thirty-eight shillings in the indictment? - They are worth five guineas.

Court. We cannot receive any evidence beyond what is laid in the indictment.

PRISONER's DEFENCE.

I am willing to submit to your command, be it what it will; the night before I came to town to conclude the last day of the old year, and there is a person that I was in the house with till three o'clock in the day; I am innocent of it at this present time; I am in a different situation than to be guilty of any thing so low, for my liberty was more to me than any thing in the world, though they mean to swear it away; there is a woman, which the attorney had ten shillings of me to subpoena; my friends I believe have deserted me; that person can give you an account of my not quitting the house; I had slept there all night, and I did not quit the house till I suppose half after three the next day; the landlord of my house is here and another gentleman; I am innocent of it, upon my honor I am; but I am willing to submit to it with a great deal of pleasure.

ANN PAYNE sworn.

I live in Castle-street, Leicester-fields, at one Mr. Bishop's, a chandler's shop; I do not know the number.

Was this young woman with you on New-year's-day? - On the last day of December she came in the afternoon to see me, and slept with me and my girl all night; I have a husband and a boy; we have two beds; my husband and the boy slept together; in the morning we had our breakfast, and she dined with me on cold beef; she staid with me to the best of my knowledge, till ten minutes, or a quarter before three; she and me went out; she said, she must go home, for her dog and cat would be perished; says I, stay with me, and drink some tea; she said, you might as well go home with me; but I had a cold; I went across Leicester-fields to the corner of Milman-street, opposite the Hay-market; I said, I cannot go any farther, my breath is very short, and we parted; she says, you go home, and make the kettle boil, and I will be at your house in the course of an hour and a half; I went home immediately.

About what o'clock was it when you parted at the end of the Hay-market? - I think it was about three when we came out of the room, and we were some minutes going that way; I left her there, and she came as she appointed, about five; I did not see her again till she came; I am positive it was near three when she and me went down, and we walked so far; she was never out of the room, nor myself, one moment before that.

Court. She was with you on the last day of December, and the next day till after dinner? - Yes.

How came she to leave you? - She

wanted to go home because of her cat and dog; she asked me to go home with her; I told her I did not imagine I could, my breath was so short, I will not be punctual to a minute or two, for I take it to be ten minutes, or a quarter of an hour, when we came out; and when I left her, I take it, it was past three; she came back about half after four, or between four and five; the bells had just struck out for prayers.

Where does she live? - At Chelsea, in Clifford's-row.

What part of Chelsea is that? - Almost by the bridge.

Did you ever visit her there? - Yes, I have been at her house several times.

How long are you walking there and back again? - If I was well and hearty, I could go there and back in an hour and half; it is no great length from my place.

How far is it from Leicester-fields to that part of Chelsea? - I suppose it was not more than a mile.

The Landlord. I suppose it is near two miles.

JOHN SALTER sworn.

I live in the Five-fields-row, Chelsea; I live on my fortune, which is very considerable; this woman has been a tenant to me a year last Christmas; I receive my own rents; I observed her conduct as closely as I could.

What is her general conduct and character? - If I had not thought her a worthy honest person, you should not have seen me here in behalf of a wrong doer; she is the most reputable of all my tenants; I say she is the most reputable of all I have among my neighbours, and I have eleven or twelve; if I thought her to be any thing like the person she is represented here, I would not have come; I do verily, and from my heart, believe, she is injured in this business.

Court to Mrs. Payne. How was the prisoner dressed the day she was with you? - She had a black gown, a black cloak, bonnet and white apron, and stuff round the bonnet; as she came, so she returned; in the same dress.

(Mr. Mallison called.)

Prisoner. He is House Apothecary of Hyde Park Hospital.

Payne. Mr. Tibbs was here, and said he would return to-morrow.

JOHN MALLISON sworn.

I belong to St. George's Hospital; I am messenger and collector; I live at the hospital, within two doors of it; I have known the prisoner, I think between five and six years, when she lived by St. James's Church; I have never heard any thing against her till this moment, of this charge; she bore the character of a very honest woman as far as I knew; I always took her for such.

The Jury retired for twenty-five minutes, and returned with a verdict,

GUILTY, 38 s.

Court to Mallison. You came to Court, upon oath, to give a character to this woman; and although I did not think it fit to prejudice the Jury before they had given their verdict, yet it is a most impudent thing, when prisoners have been tried before, to come to give them characters.

Mallison. I never knew a syllable of that.

Court. Then you have not known her between five and six years? - I knew her five or six years ago; but I have not seen her, till within a month, for three or four years.

Court. Then you came to give a character to a woman that you know nothing about?

Prisoner. It is more than six years since I was in the Court before.

Court. As to the prisoner, the Jury have spared her life, and I shall certainly order her to be

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880109-25

122. THOMAS TUCK was indicted for feloniously stealing, on the 19th day of May last, one bay gelding, price 40 s. the property of Richard Stoakes .

RICHARD STOAKES sworn.

I live in Epping-place ; I lost my horse on the 19th of May last; he was taken out of the field adjoining to my house; I saw him put in the field on Saturday night, about ten; he was missed about six on the Sunday morning following; he was a bay gelding; he had been fired in three of his legs; the prisoner was a post chaise driver, and used to drive on that road; I saw the horse in October last.

JOHN STOAKES sworn.

I am brother to the last witness; I saw the horse in the park in the Borough, on the 25th or 26th of October; I knew the horse well; I asked the man, one James Emmerson , who was with him, how he came by the horse? he immediately told me he bought the horse in Smithfield; he offered to go with me to shew me the person he bought it of, and he did so.

JAMES EMMERSON sworn.

I am a dealer in earthen ware, I bought the horse in Smithfield, of one Mitcham, a hackney coachman, in Smithfield-market.

LOT MITCHAM sworn.

I sold Emmerson a horse in Smithfield-market, I bought the horse of a Mr. Benstable, in my own yard in Primrose-street, Bishopsgate-street, some time in June; I gave two pounds eighteen shillings for him, and sold him for fifty shillings to a person; I have seen the horse since he was found and claimed by Stoakes, and I am sure he is the same horse I bought of Benstable.

BENJAMIN BENSTABLE sworn.

I sold the horse to Mitcham, and bought it of Tuck in Smithfield-market, at the King's-head; I bought it on the Friday before Whitsunday, about the holiday time, about the 25th of May a boy was riding the horse in the market, I bargained with the prisoner, he asked three guineas, and took three pounds; I paid him all but three shillings; I bought it opposite the hospital.

Court. That is all in the city? - Yes; I am sure it is the horse I bought of the prisoner; about two or three days after he came for the three shillings; he did not say how he came by the horse, I asked him no questions, I never saw him before; I am quite sure that the horse I sold to Mitcham, is the horse I bought of the prisoner; I saw him at the Green Dragon in Bow-street.

Mitcham. I bought this horse of Benstable, I sold the same horse I bought; I should know him again if I was to see him, I knew him then.

FRANCIS PILKINTON sworn.

I was by when this horse was sold at Smithfield to Benstable.

Who sold him to Benstable? - The prisoner; I am sure he is the same man, the price of him was three pounds, the prisoner said nothing how he came by him; I have not seen the horse since, but I saw the prisoner sell a bay horse to Benstable.

Court to Benstable. Did you ever buy any other horse of the prisoner? - No.

JOSEPH SAPCOTT sworn.

I am sure the prisoner is the man that sold the horse; I have known the prisoner twelve months, but never knew his name till he was taken to prison; the horse stood in Mr. Poole's stable, London-street, till Monday; I slept over the horse's head, I lived there half a year, I now live just by; the prisoner came there, and brought the horse, and breakfasted with us; Mr. Poole of London-street, and his wife and me; (Poole is a coach-master); that was the Sunday morning before he sold it; he sold it on the Friday; he said he had been a stage horse, that he bought him out of a stage on the Epping Road.

Court. Are you sure the horse you saw him bring on the Sunday was the same you saw him sell? - Yes, I am very clear it was the same.

Who shewed you the horse, Sapcott? - No, it was Mr. Thomas Tuck that shewed me the horse.

Court to Stoakes. Are you sure that is the horse that you found in the possession of the prisoner? - Yes; it has a remarkable bent leg; his near-leg before is bent, and a little lump under his jaws, very remarkable; I should know him from a thousand.

Court to Richard Stoakes. Was the horse that was brought home to you by your brother, the same you had lost before? - Yes, I am sure of it; it has been in my possession ten years; every body knows him from London to Epping; he is as well known as I am; I lost him on the 19th of May.

PRISONER's DEFENCE.

I was sitting on the bench at the Bull's-head, Whitechapel; a man came by in a smock-frock and a bridle, with this horse; I said will you sell him? he said yes; I asked the price; he said it was a guinea and a half, and I gave him one pound ten for him; he gave me his name, William Smith , that he lived in Rumford.

When was this? - On a Thursday in May.

Was it the very day before you sold him? - No, it was a week before I sold him.

Then it was the Thursday week that you bought him? - Yes.

Was any body by when you bought him? - There were a good many people, nobody that I knew; my brother has been after the man three or four times since I have been in prison; I have sent for my friends to give me a character, and they are not in town.

GUILTY , Death .

Jury. We humbly recommend him to mercy from motives of humanity only.

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17880109-26

123. JAMES VAUGHAN was indicted, for burglariously breaking and entering the dwelling-house of Aaron Davis , about the hour of eight in the night, on the 30th of December last, and feloniously stealing therein, one pair of leather boots, value 2 s. one brass pound weight, value 4 d. two other brass weights, value 1 d. one brass pendulum of a clock, value 2 s. one brass sconce, value 2 s. one iron poker with a brass head, value 6 d. a pair of brass scales, value 2 d. a printed book, value 2 d. his property.

AARON DAVIS sworn.

I live at No. 221, in Petticoat-lane ; my house was broke open, on the Sunday night, the 30th of December, between eight and nine; I went out between five and six to drink tea, and they informed me my house had been robbed; I left one Jacob Solomon in the house, and nobody else.

JACOB SOLOMONS sworn.

On the 30th of December last, I was in Aaron Davis 's house at six; I was alone there, from the time he went out; I left it without any body in it; I fastened every thing as fast as ever I could; I swear the doors and windows were fast when I went out at six; I fastened the back door, barred and locked it, and the front door was locked.

Then how was Davis to get in when he came? - There was nobody lay in that house beside myself.

Did not Davis lay in the house? - No, he did not; the prosecutor is my stepfather; he lets me sleep in the house; the house is his; about half after eight, I was returning to this house to go to bed, and opening the door, I heard a noise in the shop, and a running, and a man came to the outside of the back door; that was the prisoner; I stopped him, and he wanted to get away from me; I asked him what he wanted; I called for assistance, and one Isaac Fernandez came to my assistance.

You see him come out of the door? - No, I did not; he run hard against me.

Was the back door shut or open? - Open; it opened into the court; he had a

long bag in his hands; they were the things in the indictment; these things were in the shop; they were my father's, he had the boots on his legs; I delivered the prisoner to the constable; the door was wrenched open; the prisoner told me he was in the house twice or three times in the night; he told me that when I took him into the shop; the things I found in the bag, are like the things that I lost, and such sort of things were missing also; I know the boots that were upon his legs, to be the boots that had been in the shop; as soon as I called for assistance, he dropped the bag, it fell on my toe, so I must feel it drop.

What did he say as soon as he let it drop? - He told me to give him a knife, and he would cut his own throat.

Prisoner. I had no more than the boots upon my legs, because the bag was in the shop; I know where it was.

Solomons. The bag does not belong to me.

WILLIAM BOX sworn.

On the 30th of December, about half past eight, I was at home sitting by the fire; Mr. Davis said he had been robbed; I came across the way, and saw the prisoner with these boots upon his legs; I pulled them off, and I went to Mr. Davis's door, and found the prisoner's shoes; there were coals in his shoes.

ISAAC FERNANDEZ HENRIQUES sworn.

I assisted Jacob Solomons when he got the prisoner by the shoulder on Sunday night, the 30th of December, about eight or half after; I saw the prisoner drop the bag, he had it in his hand when I came to Solomons' assistance; I cannot swear what was in the bag; I saw the prisoner the very same evening about six, hovering about Davis's house; I took particular notice when he had the bag in his hand, and there was H. and No. 4, upon it.

JOHN ROBERTS sworn.

The prisoner was brought to the Rotation-office in the evening, on Sunday, the 30th of December, and I took charge of him.

Court to Solomons. I think you said you left the house about six; was it light or dark? - It was dark then, when I went out, and I came back about half past eight; I am sure the things were in the shop when I went out; I keep the shop for Davis; the things were his.

(The things deposed to.)

I know the boots; there is an iron poker with a brass head, and the box and scales I know, and that book; that is my own writing; here is my name on it in my own writing.

Prisoner. I wish to call my witnesses; I could satisfy you how I came by the boots.

GUILTY, Of stealing, but not of the burglary .

Transported for seven years .

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

Reference Number: t17880109-27

124. WILLIAM THOMAS was indicted, for feloniously stealing, on the 7th day of January , two silver table-spoons, value 15 s. a tea-spoon, value 1 s. a tablecloth, value 1 s. a towel, value 2 d. an apron, value 1 s. a silk cloak, value 5 s. three hundred copper halfpence, value 12 s. 6 d. one hundred and six farthings, value 4 s. 10 d. the property of Elizabeth Speechley .

ELIZABETH SPEECHLEY sworn.

I keep a public-house in Long Acre ; I have seen the prisoner several times at my house; last Sunday night, I locked my door, and went to bed about twelve, and I left the prisoner and three or four lodgers below stairs; the prisoner lodged occasionally in my house, when he could not get in; he

was to lay there that night; I left him and some others below stairs; I would not go to bed till I heard all the lodgers go up; in the mean time I gave my nephew the key of the beer to serve the customers, and he was down some time, and came up and told me that the bar was broke open; I came down stairs and my spoons were gone; the street door was fast, which made me suspect it must be somebody in the house; I took a candle, and went up in the room where the prisoner slept; he slept with an old man that was his acquaintance, that was between five and six in the morning; when I went up stairs, I told the prisoner I had been robbed; and suspected him; he said, he had been asleep and knew nothing of it; I called up the other lodgers and told them; my nephew called in the watch and told him.

THOMAS ELSLEY sworn.

I am a waterman; I slept to this house with the prisoner; the prisoner was up at twelve as near as I can guess; he told me it was past one; I heard the watch go; he pulled off his clothes and went down again, and came up again about one, or a quarter after; I heard some silver or halfpence rattle, I cannot tell what it was; he went down again, and came up and went to bed; he went down without his shoes.

ROBERT ELGAR sworn.

I am a watchman; I was called in at six in the morning to this house by the pot-boy; I went in, and stood by the side of the bar door five or ten minutes; the prosecutrix said, her bar door had been broke open, and robbed of two large table-spoons, and a black cloak out of the bar, and her till broke open, and all the halfpence taken out; I went up into the garret, I pulled all the clothes off the bed to find what was lost, and I could find nothing there; I looked under the bed and I saw nothing there; I looked about the room, and could see nothing; I went to an old cradle that stood at one end of the room, and I lifted up a man's coat which is here, there I saw the two table-spoons lay, and the half-pence, and a small tea-spoon; I said to the prisoner, what have you in your pocket? he said, it was a black handkerchief; he took it out, and chucked it over the head of the cradle, and it was the black cloak.

(The things deposed to, except the aprons.)

PRISONER's DEFENCE.

I went up to bed to see if my bed-fellow had got any candle; there was a soldier that was quartered in the house, and a coachmaker that lodged in the house; there was no locks to the doors; I went down for a candle, and my candle went out, and I lighted it at the lower room, then I went to bed; in the morning about six, I was going to work, I am a printer by trade, and they came and took me; it was a black handkerchief that I took out of my pocket, not a cloak; I have the black handkerchief round my neck now.

Court. Is the soldier here? - He and the coach-maker were in the room at the time the property was found, which has been produced by the prosecutrix.

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

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before the Lord Chief Baron.

Reference Number: t17880109-28

125. MARGARET MORGAN , alias MARY JONES was indicted for stealing, on the 18th of November last, one watch, inside and outside cases made of silver, value 50 s. a linen gown, value 4 s. a sheet, value 5 s. the property of James McIntosh , in the dwelling-house of Thomas Force .

JAMES M'INTOSH sworn.

I am a labourer ; I lodge in the house of Thomas Force ; I lost a silver watch on Sunday, the 14th of November, a linen gown and a linen sheet; my wife and me went out to tea; about half an hour after seven the prisoner, and my landlady, Mrs. Force, came to inform me my room door was open; the prisoner said so; I went back with them, and the first thing that I missed was my watch, and my wife missed a gown and a sheet, and two aprons; I locked the door when I went out, and left it locked; the things that are in the indictment were in the room when I went out; I saw my watch, gown and sheet, at the Justice's, they are here.

JOSEPH LUMLEY sworn.

I lodged in the house about three weeks; the prisoner visited the landlady; I am a watch spring maker; on the 21st of December this woman came to visit the landlady, and there was an outcry of stop thief; that was the day she was apprehended; I live next door to the prosecutor; I went out for a pint of beer, and the house was full of people; there was a cry of stop thief; the prisoner was in my room; I saw some duplicates taken from the prisoner of the watch, the officer has them; I was obliged to come in and open the prisoner's hand, to force them out of her hand, and I delivered them to the officer; I believe there were three duplicates, to the best of my knowledge.

ANN LUMLEY sworn.

I am wife to the last witness; on the 21st of December I heard the cry of stop thief; I ran into the next court and stopped the prisoner, and brought her to my house; she was examined there, and I saw my husband take three duplicates from her; the officer has them.

MARY SPRAY sworn.

I go out to wash and iron; the prisoner came into my room; I was going to clean myself to go to church; it was on Sunday; I think it was the 17th of November; she asked me if I would let her look through my door, to see if she could see Mr. Morgan; she did not stop a moment; I live in the Little Minories; she went down stairs, and I went to church; I saw no more of her; I came home to tea, and I went to lecture; and I came into Mrs. Force's house; the prisoner was there; she said to me, have you shut the door? I went up stairs in the dark and the door was open; that was Mrs. M'Intosh's door; Mrs. Force and the prisoner went to fetch home the prosecutor and his wife, and they went up stairs, and the things were gone; the prisoner was there, and she went to fetch the prosecutor's wife some gin; and the prisoner said Madam, I hope you will find the things, I will go with you to the pawnbrokers in the morning, and try to find them.

RICHARD BRUCE sworn.

I am headborough and beadle; on the 21st of December, a little before nine, I took charge of the prisoner, and she gave me some duplicates, and I took some more out of her hand.

(The duplicates produced.)

CATHERINE FORCE sworn.

The prisoner called me on the day of the robbery, and went up stairs to look through Mrs. Spray's window, and went up again while Mrs. Spray was gone to church, and was up and down stairs from a little before three, silk near four; she was out of my sight for twenty minutes at a time, then she went away, and came at about half after seven, and said, are you so devillish hot as to leave the door open; Mrs. Spray came in directly, and said the door was open, then they all went up stairs, and went to call the prosecutor and his wife.

The pawnbroker produced a gown and sheet which were pledged by the prisoner with him, on the 4th of December.

(Deposed to, value 9 s.)

Prisoner. I have nothing to say; I have

plenty of friends, but could not send for them.

GUILTY, 9 s.

Transported for seven years .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17880109-29

126. JONATHAN BARRATT was indicted for feloniously stealing, on the 22d of September last, one silver table spoon, value 10 s. the property of Disport Crossdill .

DISPORT CROSSDILL sworn.

On the 22d of December, a silver table spoon of mine was missing, as my servant informed me; the next morning I was sent for to Sir Sampson Wright's, when I was informed, that the prisoner had offered it to sell; my spoon was there, and produced in my presence.

Mr. Garrow, Prisoner's Counsel. I believe this man lived in your house as a servant? - No, he did not; he lived with my father in law; he was his coachman.

Did he occasionally assist at dinner, in carrying down the plate, and other articles, as other servants do? - I suppose he did; there is no doubt of it.

Was you present when he was carried before the magistrate? - I was.

I believe this was the story he told there, that in carrying down the plate he had trod on a spoon, and bruised it, and afraid of losing his place he sold it? - The bowl of it was bent; nothing of it was deficient.

JOHN PARKER sworn.

The prisoner brought me this spoon, and gave it to me to sell; I asked him whose it was; it was on the 22d of December last.

What time of the day? - Between eight and nine in the morning; he said it belonged to a servant that lived in the Minories; I told him that he must send for that servant, and in the mean time I acquainted my brother with it, and sent for a constable, and took him to Bow-street; in about half an hour I was sent for to Bow-street; this is the spoon, in the same state in which the prisoner offered it to sell.

Mr. Garrow. I see the crest is the most plain part of it? - Yes, it is very plain.

Now, I believe, before he went out of your shop, he told you he was a servant in Mr. Crossdill's family, and that he had trod on the spoon, and bruised it? - He did so; not at first, but after I had stopped him, and sent for a constable.

He said he meant to replace it with another? - Yes, he did.

He offered his silver watch to purchase another with? - He did.

He said that afterwards; after he had trod upon it he bent it together? - Yes, he said he set his foot upon it.

Did he say he doubled it together? - First of all he said he trod upon it and bent it; and then, he said, afterwards, he set his foot upon it to bend it as it is now.

Mr. Garrow to prosecutor. How long has this man lived in your father's family? - Two or three months; I do not know who he had his character from.

During the time he lived in your family, what character did he bear? - Upon my word I cannot say any thing against him.

Court. Did you learn at all whether he said any thing of this to his fellow servants? - No, quite the contrary.

Was Mr. Fitter, your father-in-law, remarkably strict with your servants? - Very properly so.

What was the rule of the family, with respect to breaking any thing? - None at all; with respect to myself, I keep my servants in very good order, and, at the same time, I am rather humane to them, for, when my own servant told me there was a spoon missing, I told him do not make yourself uneasy.

Prisoner. I have nothing more to say.

How came you not to tell any of your fellow servants of this accident, and to

enquire of them whether you would run any risque of displeasure by it? - I was afraid they would mention it to my master, and I was willing to make it good.

How long have you lived in the family? - About five months.

Have you ever been obliged to make good any damage or accident before? - Yes, Sir, the last place I lived in, I was obliged to make good every thing I lost or broke.

But not at Mr. Fitter's? - No, Sir, they never mentioned it to me; my witnesses are not come, and I have not had an opportunity to look them up; I lived with Mr. Bray, at Clapham, better than eight months.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17880109-30

127. THOMAS WILLIAMS was indicted for feloniously stealing, on the 26th day of December last, an iron japanned tea tray, value 21 s. the property of William Anderson .

The prosecutor saw the prisoner come in and take the tray, and pursued him directly and took him; and John Brown saw him drop the tray just before the prosecutor came up.

GUILTY .

Whipped .

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

Reference Number: t17880109-31

128. JOHN HITCHCOCK and WILLIAM HOWE , alias HOWARD , were indicted, for that they, about the hour of twelve in the night, on the 23d of December , in a certain inclosed ground, belonging to Robert Palethorpe , five shrubs called sweet bay-trees, growing there, value 5 s. from and out of the said inclosed ground, without the consent of the owner, unlawfully, wilfully, and feloniously, did spoil, destroy, take, and carry away .

A second count. For spoiling same.

The Case opened by Mr. Garrow.

WILLIAM ADAMS sworn.

I am servant to Mr. Palethorp; my master has a house and gardens at Hendon ; I was employed to watch, because we have had the shrubs cut five times before, within these four months; the first time that I saw any body was the 23d of December; I was watching; about twelve I saw the prisoners, one was cutting the bay, and the other was tying it up; I do not think they saw me then; the prisoner Howe was cutting; one of them was near to me, and the other was as far distant as the other side of the room; when I saw them I had the blunderbuss, I cocked it at them, and told them, if they did not resign, I would shoot them directly; they stood still, and I sprung my rattle; nobody came; after that they followed me down to the house, then I sprung my rattle again, and Mr. Lewis came; they did not offer to run away; I secured them both; I saw them searched; they had each of them a knife and cord in their pockets; they said nothing, only seemed to ask pardon; they got over the oak paling.

Court. This place was inclosed with an oak paling? - Yes.

Do you know the value of the shrubs? - No.

WILLIAM LEWIS sworn.

I am partner with Mr. Palethorp, but I have no concern with this garden or shrubs; I was at the house at the time that this happened; on the 23d of December I was alarmed by a tittle underneath my chamber window; between twelve and one at night; I immediately jumped out of bed, and took a cutlass I had in my room, and ran down stairs, and opened the garden door, and found these two men close up to the door, with a blunderbuss presented at

them; I asked him how many he had got; he said here are a couple, but I do not know how many more; we took those two into the kitchen, and searched them; and I saw them searched at the watch-house; there were found upon them two knives and a cord; I had seen the state of the shrubbery before, when we came, to examine it, I found they had ben cut by some body in the course of that time; I took them into the shrubbery, and shewed them one bundle compleatly tied up; and another bundle ready to tied up, with a cord underneath; I told them I made no doubt but they were the people that had committed the former depredations; they said they had never been there before; on Friday, the 28th of December, in order to ascertain the value of the bay that these people had cut, another friend and myself went down to Fleet-market, and we found it is of larger value than five shillings considerably, for I gave sixpence for this bit alone, (producing a sprig which he had bought.) and in proportion to the value of this, it must be worth three pounds.

Court. Had you any conversation on this subject with any body before? - No, Sir; no further than buying this piece; the woman I bought it of is here; she told me it cost her four-pence; they pleaded guilty to the charge, and begged pardon; I cannot particularly recollect the words.

Can you tell how many plants were destroyed that night? - I believe there might be five or six cut down close to the ground.

WILLIAM GIBSON sworn.

I am constable; I searched these two men; these knives were found upon them. (produced.) Each of them had a knife; and these cords I found upon them.

SARAH ANDREWS sworn.

You are sworn to tell the whole truth? - Yes.

Where do you live? - In Fleet-market; I know the tall prisoner by sight, this two or three years; I have seen him go backwards and forwards in the market; I never bought any thing of him in my life: I deal in this sort of article, but I cannot be any judge of the value of that quantity, because we buy it in bundles such as this; the value of this bundle is two-pence; I buy at two shillings a dozen; they may be two or three dozen made out of each bundle.

Then tell us, upon the oath you have taken, is that of the value of 5 s. or is it not? - The value Sir, for me to buy? we buy it of people that bring it into market; we never ask them any questions where they get it; there are many things that grow wild, and this may grow so.

Court. When you buy these things, they are brought to you in the market? - Yes.

Then there is the price of carriage upon them? - May be I buy half a dozen out of six dozen.

But they would not be worth so much if you was to go to the garden and fetch them yourself? have you judgment enough to say, whether the bays growing would be worth five shillings? - In my opinion they are worth five shillings; I would give 5 s. for them.

PRISONER HITCHCOCK's DEFENCE.

I never took any thing of the kind; we had been seeking for work; and lost our way; the door was open; we cut nothing; and we found no thorough-fare, and we turned back, and the man met us.

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

JOHN HITCHCOCK , WILLIAM HOWE , alias HOWARD,

GUILTY .

Sentence respited for the opinion of the Judges .

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

Reference Number: t17880109-32

129. SARAH ROBERTS , SARAH WILSON , and MARY SIMPSON were indicted for feloniously stealing, on the 7th day of January , two pieces of muslin, containing twenty yards, value 5 l. the property of Thomas Ashby , privily in his shop .

The witnesses examined separate.

The case opened by Mr. Sylvester.

GEORGE PRICE sworn.

I am shopman to Mr. Ashby on Holborn-hill , he keeps a linen-draper's shop ; on Monday the 7th of January, about three o'clock, the three prisoners came into the shop; there was a customer in the front shop, a lady; the shop is divided into three different shops; they came into the front shop, and in consequence of there being a customer there, they were asked into the second shop; they asked to look at some printed callicoes which I shewed them; they did not approve of them, and I shewed them some others; they particularized a pattern, which after some hesitation, I told them I had not got, which was a green ground, with a small sprig upon it; then they asked to look at some muslins; and I asked if they were for aprons; and they said yes; I shewed them some yard and half wide, I reached from behind me one piece, a cut quantity of yard and half wide.

Do you mean a piece that was cut? - Yes, India muslin; they told me that the checque was too small; I reached a whole piece of India muslin out of the same paper; they objected to that, it was too small a pattern; I asked one of the shopmen named Whitworth, to give me some others, which he brought me; he brought a quantity, but among these were four pieces of six-quarters British muslin; I did not shew them all at once, but according to the patterns which I thought would please them, they did not fix for some time; at last they fixed; and I cut the prisoner Roberts a quarter, and gave her change; after she had taken her change she went out of the shop, and the woman with bruised eyes, Sarah Wilson , to the best of my recollection, went out about two minutes before; they were gone out, I imagine, about five or ten minutes; I mentioned to the young fellow in the shop, I suspected they had taken something; he said he had a suspicion of them likewise, by their appearance; on looking about, we found there was one piece of the six-quarter British muslin, which I shewed them last, was gone; I said, one of them has left her muff behind her, which was a black feathered muff; she returned for it.

Which woman brought it in with her? - Roberts. Two women came back, the two which I served, that is, the prisoner Roberts and Wilson; I threw a piece of print over the muff, and detained them for a minute or two; she said finding her hand cold was the reason of missing her muff; I asked Mr. Ashby whether I should detain the women; he said, you may depend upon it they have not got the property about them; I asked one of the shopmen to follow them, which he did, and I afterwards went into a public-house near the corner of Bartlett's-buildings, where the three prisoners and the other shopman Whitworth was; there were the three prisoners, and three other women; the three prisoners were shuffling together; Mr. Ashby ordered a constable to be fetched; I ran out to the public-house door to watch that they did not come out; Whitworth and the constable went in first, he came back, and I went along with him the second time; it is a very dark small room, and the three prisoners were altogether in a bustle whispering; the other three persons stood by the window in the light.

How far from these three? - I suppose as far as I am from the table.

Did they mix with these three? - Not at that time; I pushed the two small women away; says I, let us have none of this work here, get into the light; after that they were examined, and the constable said to me, which shall I take out? I said take out that woman first, that was Wilson, she

being the woman I most suspected; then I told him to take Roberts, and after that he took the other; we examined them three, we found nothing; two others were examined; the constable came in, and said, let us look round the room, before the other is examined; and upon looking round the room with a candle, we found a bundle under the table, which David Whitworth picked up; on opening the bundle, which was tied up in a dark handkerchief, on the top of the bundle there lay a remnant of print, and two pieces of muslin tied up in the same handkerchief; one of these pieces was one that I missed of the six-quarters British; the other piece was one of the two which I reached from behind me on her first asking for muslin, both whole pieces; they had the shop mark upon them; one was only marked that morning; the constable asked me if I knew them pieces; I said yes, I was positive they were the same; they were taken into custody and committed the next day.

Had you seen the other three women before? - Never to my knowledge.

Had they been in the shop that afternoon? - They had not.

Are you sure of that? - Not at the time these women were there, there was not a soul to buy a piece of goods at that counter from the time they came in to the time the goods were missed, nobody except our own people were in the shop.

Who was in the shop? - Mr. Ashby and Mr. Hardinge, and a porter; we have to pass from one shop to the other.

Mr. Garrow, Counsel for the prisoners Roberts and Wilson. Mr. Price, what may be the value of these two pieces together? - The value of the two, I should rather speak under than over, are, at least, five pounds.

Have you got the muff here? - No, the woman had the muff back with her.

What might be the value of the muff? - No great matter, five shillings, perhaps.

Then this woman had been gone some minutes before she came back for the muff? - She had.

They had been gone ten minutes without being followed, or any means taken to take them? - Between five and ten minutes.

The prisoners Roberts and Wilson were not present in the room when the pieces were found; I believe they had been taken into another room to be examined? - They were taken out one by one into another room to be examined.

Were they brought back again into the room where this bundle was found, before it was found? - No.

Then they were not present when it was found? - No.

The other three women had been still left in the room, while these three women were examined? - They had.

It was Roberts that purchased the articles? - Yes, Roberts and Wilson came in together; there appeared no connexion at all between them two and the other woman while they were in the shop, as I perceived.

You have told us that there was a lady in the fore-place? - There was.

Which of the shops was it in? - It was in the middle shop.

Was that lady in a situation to have a view of these people while they were dealing with you? - Not all of them.

How far distant from the counter? - Not as far as from you to me.

Within two or three feet? - Somewhere thereabouts.

Was she in a situation to see what was going on there, if she had paid attention? - Probably she might, if she had paid attention.

What other persons were there in the shop besides? - No other customers.

How many persons belonging to the shop were there? - There was Mr. Ashby; he is here; Mr. Hardinge; he is not here; Mr. Whitworth; he is here; myself and the porter; he is not here; he was in the front shop; I do not believe he was in either of the other shops.

Is there a glass partition? - The shops are a distance of a yard or two, and divided by glass doors.

Then there were this lady, the porter, and Mr. Hardinge; there were in these different shops these three persons that are not here now? - Yes.

How long were you searching these three women in the other room? - I cannot say.

Was it half an hour? - I cannot tell to half an hour, I was in the room chattering with the other women, I imagine it was half an hour; there was one woman not searched, because we found the property, before we searched her.

Mr. Knapp, Counsel for Simpson. You have stated to the Court and the Jury, that the person who calls herself Simpson, went out some time before, about two minutes; had any, and what conversation passed between you and her? - None in the shop, any further than I told her, finding her sitting there, that I would wait upon her in a few minutes; she told me she was not in a hurry.

Was that in consequence of any thing she had said to you? - No, there was nothing further.

She said she was not in a hurry; then after you had served Roberts, did you ask her if she wanted any thing? - I asked her at the time Roberts and the woman was in the shop looking at the muslin.

Then did not you ask her what she would please to have? - No; Whitworth served Simpson.

In which shop was she served? - In the same shop, and at the same counter.

Did you observe the woman come into the shop? - I observed the two women come into the shop; Roberts and Wilson came in together.

Did they come in first? - Yes.

How soon after they came in, did Simpson come in? - Between one and two minutes as near as I can tell.

DAVID WHITWORTH sworn.

I am a shopman to Mr. Ashby; the prisoner Roberts, and Wilson came in first, the other about two minutes after; at the time they came in, I was engaged with a customer in the front shop, just by the house door; I was very soon at liberty, and went to serve the prisoner Simpson in the middle room with some cambrick; I shewed her three or four pieces; she bought some cambrick to the amount of two shillings and eleven pence; she gave me half a crown, and desired I would keep the cambrick and half a crown, and she would call again and pay the five-pence, and she was in want of a body-lining and some callico, and she went out; this is the cambrick she bought; she did not call for it; when these two ladies came for the muff, I followed them to a public-house which they went into, the corner of Bartlett's Buildings: I watched them in the back way; they went up a passage to the back door from Holborn; I followed only two women; I ran round to the front door; I found that the women were altogether in a room; I saw these women with several others through the door; I stopped in the house a few minutes; I then left the house, and ran down Shoe lane to get a constable; the constable and me went into the room where these women were, and I pointed out the two women to the constable; then we asked Mr. Ashby whether he would have these women searched; and he wished to have them searched; then we took them one by one out of the room.

Who was searched first? - I am not positive; there were five searched, there were six in the room.

Did you begin with the women that had been in the shop? - I am not positive which of the women were searched first; I believe those that had been in the shop.

Was the woman that was not searched, one of the women that went into the shop? - No, the woman that was not searched was not in the shop, he searched five of them; we then thought it necessary to look round the room, and I looked underneath the table and picked up this bundle; we

opened it before the constable; I believe Mr. Price was in the room; I found these two pieces of muslin; the constable has the bundle with the whole contents.

Mr. Garrow. At the time that this bundle was found, was either of the three present prisoners in the room? - They were not; there were some other persons in the shop; and some were there who are not here now; there was a lady in the shop, the wife of a merchant.

How long might you have been searching these five women? - I cannot tell for a few minutes; about half an hour.

Were the other three permitted to go at large? - No, they were taken.

How many of them were taken? - They were all six taken, and afterwards three of them were discharged.

Mr. Silvester. Was Harding and the porter in the shop when the women were purchasing the muslins? - Mr. Harding was for a certainty; I believe, the porter was not.

Mr. Knapp. I think you said you served Simpson with some cambrick? - I did.

She gave you half a crown, and told you she should come again? - She did.

When you went to the house, you fixed on two, you did not fix on any more? - I did not; the women were in a very small dark room, and it did not strike me that this was the woman that bought the cambrick.

Court. Are you sure now that she was? - Yes.

- HAWKINS sworn.

I am a constable; I was sent for to a public-house; when I came there, I was given in charge of six women; the first I examined was Wilson, I found nothing on her; I examined four more, and found nothing; when I came back to the room, the shopman found a bundle in the corner of the room.

Price. This is the second piece of muslin that I shewed them; this is the shop mark; it is Mr. Ashby's property; and this is the piece that I missed also.

MICHAEL BRAMPTON sworn.

I keep the public-house the corner of Bartlett's Buildings; one of these two prisoners that are alike in size, (Simpson and Wilson) came to my house between three and four; she asked for a glass of brandy; she sat about a yard and a half from the bar in a box, I handed it to her; she said, she had some company coming; and soon after, four or five women came in for something to drink, and one of the women came to her, and said, they were come; I served them with some liquor separately, and I shewed Whitworth and the officer into the parlour, and after the fifth person was searched, the bundle was found; I thought the women seemed to be acquainted.

Jury. Had any body been in the room before these women came? - It is a back parlour, and there was no fire; I do not know that any body had been there, but my own family had dined there.

PRISONER ROBERTS's DEFENCE.

I am innocent; I hurt my leg coming out of the gentleman's shop, and I wanted a private place to get a drop of brandy to rub my leg with.

The prisoner Roberts called five witnesses to her character.

PRISONER SIMPSON's DEFENCE.

I went in to buy a bit of muslin, and left half a crown till I came back, and I went into this public-house to wait for one Mr. Wilkinson, a hartshorn-shaver, and I went into this room to see for him.

The prisoner Simpson called two witnesses to her character.

The prisoner Wilson called one witness to her character.

ALL THREE, GUILTY, Of stealing, but not privately .

Each Transported for seven years .

Tried by the London Jury before the Lord Chief Baron.

Reference Number: t17880109-33

130. WILLIAM MERCHANT was indicted for stealing, on the 4th of December last, a cloth great coat; value 10 s. the property of Drummond Smith , Esq .

The prosecutor's servant missed the great coat, and instantly pursued the prisoner, and Robert Nefton saw him drop the great coat, which was deposed to.

GUILTY .

To be privately whipped , and imprisoned one year .

Tried by the second Middlesex Jury before the Lord Chief Baron.

Reference Number: t17880109-34

131. JAMES M'CULLOCK was indicted for stealing, on the 3d of December last, a wooden drawer, with a lock and key, value 2 s. half a guinea, two half crowns, 12 s. and 192 copper half-pence, value 8 s. the property of Caesar Sanders .

The prisoner was taken with the till upon him.

GUILTY .

Privately whipped , and imprisoned one year .

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

Reference Number: t17880109-35

132. ROBERT WATSON was indicted for feloniously stealing, on the 7th day of January , one gelding, price 5 l. the property of John Goddard .

The witnesses examined separate.

CHARLES STEWART sworn.

I am servant to Mr. Cruttenden, in Berner-street, Oxford-road; I was riding this horse to town, post, from Brentford-bridge last Monday, I was following a post-chaise; I left my horse in the care of a poor woman, and said, I will give you a penny; it was between eleven and twelve in the forenoon; I went into Crown-court , to deliver a letter for my mistress's maid, not the length of this room, from the place where I left this horse; I was not gone above five minutes; when I returned, I missed the horse and the woman; I ran into St. James's-street, into Pall-mall, and into Piccadilly; I could see nothing of the horse; I was informed, that a man had rode away with it.

SARAH BRANTON sworn.

This man entrusted the horse with me to take care of it; that gentleman at the bar came, and said, old woman, I have retained you long; and he took the bridle out of my hand; he mounted the horse, and rode up Bury-street; I asked him for the penny, and he bid this drummer give me the penny; the drummer said, he knew nothing of him, he would not; it was through my imprudence I did not look at the man, I was selling my greens; I never saw the prisoner before nor after till I saw him at Bow-street.

Are you quite sure he is the man? - To the best of my knowledge, I can swear safely, and I wish I had never seen the horse nor the prisoner neither.

JOHN DEE sworn.

I saw a person mount a horse, and I saw him ride away with the horse, that was the prisoner; he was standing by the horse, and had some conversation with this old gentlewoman; I was not near enough to hear what passed between them, I was ten or twelve yards off; I saw him get on the horse, and he seemed to be feeling in his own pocket, to give the old lady a penny; and he beckoned to me to give her a penny; she was coming up to me for a penny down the passage-way, and I said, go along neighbour, I have no pennies for myself; I knew the prisoner by being a drummer formerly in the Cold-stream regiment of guards; he was formerly discharged, and he had the bread (that is the pension,) that day before I saw him;

he asked me and another that is here to go and have a glass; I met him at the guard-house; we went into the King's Head at the top of the paved alley, in King-street; we had two six-penny-worths of rum and water, and brandy and water, he paid for it, and then we came out.

So, he treated you, did he? - Yes, he wished us to go and drink; we rather wished not to go in with him, because we were twenty yards from our duty.

Did not it occur to you that there was something wrong about it? - No, he has frequently, been seen with horses riding about.

So, then you imagined it had been his horse? - I rather imagined so.

You did not offer to stop him? - No; I went down to my guard, and I told my colonel about it, colonel Duroy; he was not stopped, I believe, till the serjeant stopped him.

NICHOLAS PALMER sworn.

On Monday was se'night, I was informed there was a horse taken away from King-street, St. James, and that there was a drummer of the king's guard confined for it, when I came into the barracks, I saw Watson with a pot of beer in his left hand, and his right hand on the horse; that was at the barracks at half past seven on Monday evening; I then told him, I heard he had stole the horse, and should detain him, and take the horse to the green-yard; I took it there, and left it there, with directions,

"a horse supposed to

"be stolen, by Robert Watson , late

"drummer of the Coldstream regiment;" he was taken into custody; I left the horse under the care of the landlord, who keeps the Talbot-inn green-yard, in the Strand.

JAMES DYTCH sworn.

I received a horse of Nicholas Palmer , between seven and eight; about three o'clock, a gentleman's servant came, and gave notice; as soon as the serjeant brought the horse in, I said, that is the horse by the marks; he left the marks; a cropped bay horse; the witness Stewart came in that night; he had been rather, drinking; he made a noise, because the horse was not cleaned; I said, we never did; for fear of disfiguring them; he saw the horse that night; and it was taken the next morning to the Rotation-office.

Court to Stewart. Was the horse you saw at the Green-yard, and that which was taken the next morning to Bow-street, the same horse you lost? - It was the same horse, saddle and bridle.

Are any of Mr. Goddard's people here? - No, none of them; his Christian name is John; I took the horse home on Wednesday night; it was a cropped bay horse, fourteen hands and an inch high.

Had you ever rode him before? - Yes, a great many times; I knew him perfectly well; I have had him a week together in my possession.

Court to Palmer. What did this man bring, the horse away for? - I do not know; I fancy he was in liquor, and did not know where he was going.

What o'clock was it when you saw him at the Savoy? - It was half past seven when I first saw him.

Did you find out where he had been? - No otherwise, than I heard he had been riding up and down where the centries were, and at both the playhouses, and that he was very much in liquor.

PRISONER's DEFENCE.

I have witnesses here, that I was very much in liquor, I had been with some of my comrades; I have been two and twenty years in the service; if I had been sober, I should not have done it; I was discharged for being out of my senses when in liquor; I have a pension from the guards.

Court. You knew pretty well what you was about, how to get the horse? - The woman spoke to me first, and said, I am glad you are come, you have been gone a long while.

Court to drummer. Was the prisoner in liquor at the time he took the horse? - We had only two six-penny-worths at

that gentleman's house; but when we went in and came out, he appeared rather in liquor.

Court to Sarah Branton . Did you take notice of the man, to know whether he was drunk or sober? - I did not take notice.

Jury. Did he get upon the horse quick? - Very quick; and rode up Bury-street.

Did he seem to ride upright upon the horse? - Yes, he rode well enough to my sorrow; I wish I had never seen him.

JOHN HUGHES sworn.

I came out of the same public-house the prisoner did; and when he came out, he went towards the poor woman that held the horse, and laid hold of the reins, but what he said, I cannot say; but I saw the woman deliver up the reins, and he called out to the drummer to give the old woman a penny, and he set off as hard as he could; I thought he would have broke his neck, either the one side or the other; I cannot say which way he went to; the first of my seeing the prisoner was at St. James; he asked me to drink; I thought he was rather in liquor, made me not wish to go with him; he took me to this King's Head; I wanted to get out of his company as soon as I could; because I know when he is in liquor, he is rather a crazy man; but when sober, he is very good company, and a well-behaved man, and a man that I cannot recollect I ever saw affront any man; I have known him fourteen years myself; and he had a pension from the Coldstream.

What character did he bear? - I never heard any thing of the kind before.

Did he bear a good character in the regiment? - Yes, Sir; I never knew that he bore a bad one, any further than his being crazy when in liquor; I never knew any thing of dishonesty about him.

Had he the character of an honest man? - I cannot say I ever heard any otherwise.

WILLIAM BACON sworn.

The prisoner has been backwards and forwards to my house for six months, when he came that way with his comrades; he always behaved very well, except when he was in liquor, then he is rather on tragious, in short he is mad; I know nothing against his honesty.

The Jury retired for some time, and Mr. Bond, the foreman, came out, and thus addressed the Court:

My Lord; the Jury beg a question may be asked; that is, what reply the prisoner made to the serjeant when he told him he had stole the horse?

Court. You are quite irregular indeed; you should all have come in together.

Mr. Bond. My Lord, they are all locked up.

Court. Aye! but you are not; you must send for them out; I cannot ask it till they come.

(The Jury sent for and the question asked.)

Court to Nicholas Palmer . You stopped the horse at the Savoy? - Yes; I told him, he had stole the horse; and he told me, there were people enough that knew he had not stole the horse; that was the answer he made; and he said, he believed there was one at the gate, and he was going to the gate; I gave the sentry orders to keep him in; I am not positive, whether he said people enough, or people.

What state did he seem to be in then? - He seemed to be less in liquor than he was before; but he seemed in liquor then.

The Jury withdrew again, and returned with a verdict,

GUILTY , Death .

Court. Mr. Clerk of the Arraigns; make a memorandum, that I recommend that man as an object of mercy.

Tried by the first Middlesex Jury before the Lord Chief Baron.

Reference Number: t17880109-36

133. GRACE MADDOCKS was indicted for feloniously receiving, two diaper

table cloths, value 5 s. the property of Joseph Wilcox , knowing the same to be stolen , whereof William Higgins and others at the last session, were convicted of stealing.

The case opened by Mr. Sylvester.

William Fitzpatrick , Deputy to Thomas Shelton, Esq; Clerk of the Arraigns, produced the original record, which was read and examined by the Court.

MARTHA BREWER sworn.

I am servant to Joseph Wilcox , Esq; in Queen-street, Westminster; our house was robbed while the family were in the country; I was not in town when the house was robbed; when I returned to town, we had lost abundance of things, and we found the house had been broke open; among the rest we lost five table-cloths; I was here last session, I was present when some men were tried for this robbery, their names were Higgins, Holden, and Grose.

CHARLES JEALOUS sworn.

I had information of this robbery of Mr. Wilcox, in consequence of which; on the 1st of December last, between eleven and twelve, I went into Duck-lane, where the prisoner at the bar was, and one Grose sat by the fire side; I searched the room which was on the ground floor, a fore-room, and upon a bed I found these two table-cloths.

Whose room was it? - I do not know; I took it to be Maddox's room; I asked her whose property the two table-cloths were, and she said they were her's.

Do you know the Christian name of that Grose, you found with her? - He is the man that was tried last session, Thomas Grose , William Higgins , and Joseph Holden .

Court. Did you know before that time where this woman lived? - I knew she lived in Duck-lane, but in what house I did not know.

Did she live with Grose? - Yes.

Whereabouts were these table-cloths? - They were on the bed.

What, open! to be seen by any body that came in? - Our information was, that there was a quantity of goods came in that night; I suppose the goods were stolen that night from Mr. Wilcox.

Did Grose live at this house? - They lived together; there was a key found on the chimney-piece of that room, which opened Mr. Wilcox's door; I tried it myself.

(Deposed to by Martha Brewer .)

They are Mr. Wilcox's property, they were in the house when I left it, they are the same that were produced last session.

PRISONER's DEFENCE.

Prisoner. I have nothing to say any further than that Mr. Fleming gave me some few table-cloths to cut out for pin-afores for my child.

FRANCIS FLEMING sworn.

On Thursday the 1st of December, I went to the house of Mrs. Burkett, where I saw the three prisoners and this woman, and I bought some things; and in looking over them I saw these two table-cloths, and considered them as of no value, and the woman was present, and I gave them to her.

You bought some of the other things? - Yes, seven sheets, eight table-cloths, with these two, and a white cotton counterpane; I gave three guineas for them, I bought them at a house in Duck-lane; Mrs. Burkett's.

How came this woman there? - She was there when I went in.

What had she to do there? - I do not know, she was there before I went in.

What are you? - I am not any thing at present; I am engaged in something.

What was you at that time? - A pawnbroker at Westminster.

Was you a witness on the last trial? - Yes, to prove my buying the things of the prisoners who were then convicted.

You was then a pawnbroker? - Yes.

Was you sent for to buy these things? - No, I was sent for by the prisoner to buy them.

Are those two table cloths, in your judgment of no value? - They would not to me, because I could not have made any thing of them; I thought if they were sold, they would only answer the purpose of cuting up for napkins or clouts.

What would you have given for two such? - I would not have bought them; if I had them, I would have sold them for eighteen pence, or two shillings, most likely.

Prisoner. I had somebody to my character all day yesterday, but nobody to-day.

GUILTY .

Transported for fourteen years .

Tried by the first Middlesex Jury before the Lord Chief Baron.

Reference Number: t17880109-37

134. ELIZABETH ROSTER was indicted for burglariously breaking and entering the dwelling house of Ann Walker , widow , about the hour of six in the night, on the 26th of December last, and burglariously stealing therein a pair of linen sheets, value 2 s. a silk bonnet, value 2 s. three night caps, value 6 d. a silk stomacher, value 1 d. a silk handkerchief, value 2 d. a pillow bier, value 2 d. her property .

ANN WALTER sworn.

I live at No. 66, in the Old Bailey ; on Wednesday the 26th of December, I heard a fall of something over my head, about six in the evening, or thereabouts; I went up stairs, I was in the kitchen, mine is a private house; the noise seemed to be in my own chamber, which is over the kitchen, I found the door was unlocked, and bolted on the inside, I could not open it; I went round to Mr. Billing, who lodges in the house, whose trunk and box were there, and he went up with me and tried it again, but found it was still fast; upon which I was convinced there was somebody in the room; I went down, Mr. Billing went to call assistance, and a Mr. Roach came over, who lodged by, and Mr. Billing and Mr. Roach went to open the door, and the door was then open; I was below, I left them together, when I heard say it was a woman, and heard a woman's voice, I went up; when I went up I saw the woman stand there, that prisoner is the woman, and has been in custody ever since.

What did she say for herself? - She said that a young man let her into the room; I asked her how she came in, for I had locked the door; she said a young man let her in, unlocked or unbolted the door; she could not say which; there was no bolt on the outside, it was within; she was searched, but there was nothing found upon her.

Then you had not lost any thing? - Nothing was taken out of the room, but the sheets were taken from the bed, and every little thing that laid about put into a pillow case that was taken off the pillow.

In what state did you find the room; were any of the doors or windows forced? - No, not at all; somebody held out their hand, and gave me a key, which in my slurry I thought was my own key, but found the next day it was a strange key; there was nobody present but the people that are here; my servant went out about half past one; I went up before four, and double locked the door, and put the key into my pocket; when I heard the noise I said, my God, there is somebody in my room, I am afraid.

Were the windows shut? - They were shut; they were casement windows, and a two pair of stairs room.

What time had you been up? - Rather before four.

Not after that? - No.

So that what time she got into the room you cannot tell? - The street door was open.

What things were in this pillow-case? - There was a pair of sheets, three nightcaps, and a stomacher of mine.

To you know the things to be yours? - Yes.

JOHN BILLING sworn.

Mrs. Walter was very much frightened at somebody being in her room, she came to me, I being up stairs; I went with her, she unlocked the door, but it was bolted on the inside, she could not get in; then she went down to see for somebody to help us; I stood still, and heard somebody paddle about the room, I was sure there was somebody within; Mr. Roach came and assisted, and he tried to break the door open; we pushed three or four times, and could not; then she opened the door; I took hold of her arm, she said, do not hurt me, I am nothing but a girl of the town; I said I will not hurt you, but take care of you; this is the woman that was found in the room; some things were locked up in the trunk; I asked her how she came in; she said she was let in by a young man; there was nobody else in the room.

CATHERINE MUNN sworn,

I live with Mrs. Walter; I went out at three.

(The things produced that were in the pillow bier.)

To the constable. Who did you get the things from? - From Mr. Billing; they have been in my possession ever since; I searched her, and found a great number of duplicates.

Prosecutor. I know the pillow-case, it is marked with a B. I bought it second hand, she took it from the pillow; the sheets are not marked.

PRISONER's DEFENCE.

I was going along last Wednesday was fortnight, a gentleman asked me where I was going, and asked me to go to his room; I went up stairs with him; he opened the door, and I sat down; he said he would be up in less than half an hour, he bid me bolt myself in, and he did not come; I went to go out, and a box of something fell down.

GUILTY, Of the stealing, but not of the burglary .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17880109-38

135. SAMUEL CHESHUM was indicted for stealing, on the 27th of December last, an iron chain, value 20 s. the property of Archibald Montgomery Campbell , and John White .

And JAMES SHERRARD was indicted for feloniously receiving the same, knowing it to be stolen .

(The witnesses examined separate.)

WILLIAM RUDD sworn.

I am servant to Mr. Campbell and White; I was driving their timber cart along St. Giles's, on the 27th of December, I stopped at Mr. Kirkman's to unload, in St. Giles's , I saw the prisoner Cheshum sitting at a door; I told him if he would mind my horses, I would give him a penny; he said he would; then I unloaded, and put the chain in the box of the carriage, that is the forepart of the carriage, where there is a small place to put the things in; I went in about five minutes, and when I returned, I missed the boy and the chain; it was a little after five when I missed the chain; it was just dark; we went and searched about at the iron shops, and we went to the prisoner Sherrard's, and searched the lodging houses, and coming down Dyott-street, I met the prisoner Cheshum,

we took him to Mr. Kirkman's house, and he owned every thing.

Mr. Garrow, prisoner's counsel. Before he owned every thing, what had you said to him, or any body else in your presence; had you threatened him? - No.

Had you promised him? - I cannot say; there was nobody else with Mr. Kirkman; I did not threaten him.

Did not Kirkman in your hearing? - He said something, how he should have some favour, if he told the truth.

Then the boy told you something? - Yes.

Had he told you any thing about it till Mr. Kirkman told him he should have some favour? - No.

Court. You cannot examine to a confession after that.

JOSEPH KIRKMAN sworn.

Mr. Garrow. I understand you had some conversation with this boy, I want you to state it to my Lord and the Jury? - When we first took him in Dyott-street he denied the fact; I then took him by the collar into my parlour, and asked him whether he would be obstinate or tell the truth; he then requested I would not send him to gaol; I told him it very much depended upon that, whether he was in one story, and told the whole truth of the business; I told him if he explained the whole of the transaction, from the first to the last, that in that case, I should certainly be as favourable to him as the nature of the case would admit; till that he denied knowing any thing about it.

Mr. Garrow. I am content.

Mr. Silvester. Nothing else passed but that, with respect to promises or threats? - No.

Mr. Garrow. My Lord has decided.

Mr. Silvester. My Lord, I submit, this is not evidence of confession, but that he would be as favourable as he could; only that he would be as favourable as the law would allow; and that it is not that kind of threat which might induce a man to take upon himself a crime of which he was not guilty.

Mr. Garrow. To be sure you will take the whole together; then it stands in this way: the boy at first denied it, and, if there was any doubt of the operation the thing had on his mind, it is manifest, for the prosecutor still accuses him as a person guilty; he then stipulates, but do not take me to gaol; why, says the prosecutor, that will depend on your own conduct; now, I have understood the principle always to have been laid down in this way: that if there is any thing that operates either by threat, by menace, or promise, so that the party is seduced into saying anything by which he may accuse himself. Cases happen here constantly; such as saying, it is better for you to confess: and saying, it will depend on your explaining this, whether you go to gaol or not, has the full effect on the mind of such a boy, that the dread of hanging would have on a man of riper years. I remember a case, a man of the name of Thompson was indicted for stealing a note out of the shop of Prescott's; he was taken in the country, the man that took him in the country said to him, it will be in vain for you to deny this, for it is all known in London; there was no more, the Court were of opinion, that the man's mind was not perfectly free; I mention that as an extreme case, most certainly; but so far has the tenderness of your Lordships gone in favour of liberty and life.

Court. It is very clear, that that which a man is induced to say, either by the influence of threats and menaces, or by the influence of hopes of favour, never can be made use of against him; that is a decided principle; the only doubt that occurred to my mind, was, whether this person could, by this sort of declaration made to him by Kirkman, whether he could be said to be induced by that to say, that he is guilty; certainly he is not induced by that to say he is guilty; he is induced to tell the truth, whether that truth made for him, or against

him; if Kirkman kept faith with him, he would be intitled to favour; nevertheless, it has been so universally held, that every thing that is drawn from a man, by the hopes of favour, or the influence of threats, whether it is within the strict terms of the engagement or not, yet, what he says, under these circumstances, shall not be received as evidence against him; and though I rather rank that for the sake of public justice, it were to be wished, that the principle should not be extended quite so large as it has been, yet I think, as it has been so extended, it would not be a prudent thing how to attempt to vary it; people must understand, that when they are talking to persons in this situation, what they say, is to come from them without any bias, or influence of hopes or favour; therefore, it is my opinion, that the evidence cannot be received.

Mr. Justice Wilson. I agree with the Lord Chief Baron; after it has been carried so far, I think it would be too much now to vary it.

Court. What proof have you of the chain coming into the hands of the other prisoner? - Only finding it there, by the boy's saying so.

Court. I do not know that this is not a case to go to the Jury against the boy; the boy is set to watch this chain, and is to be paid; in less than five minutes the boy is gone, the chain is afterwards found; perhaps it will turn out, afterwards, how this came into the hands of this man; the Jury must exercise their judgment upon it.

Kirkman. We found the chain at the prisoner Sherrard's house, in Bowl-yard, St. Giles's; it is an old iron shop; we found the chain under the counter; we took the chain and the man together; when we found the chain, I asked him how he came to buy a chain for so little money as one shilling and ten-pence halfpenny, of such lads as the prisoner, that was then with me, and another that was described to me; he said he had given the full value of it, meaning three farthings a pound, and meant to sell it for a penny; and, that it was worth no more in his shop, to sell again, than a penny a pound.

Did he say what he had given for it? - He did not.

What is your reason for supposing he gave three farthings a pound? - He said it was the value, and that he never sold such a chain for more than a penny a pound.

Did you know the weight of it? - From the boy's description it was 30 lb. we weighed it afterwards, and found it 36 lb. that is six pounds more than the boy had sold it for; we took the prisoner into custody.

Did the prisoner say of whom he bought it? - He acknowledged having bought it of the prisoner Cheshum and another; the boy was present.

Did the boy say any thing then? - No.

Mr. Garrow. Was the chain dirty or clean when you found it? - It was quite wet; it was a wet afternoon.

Did the prisoner Sherrard tell you what account these boys gave him of the manner in which they came by it? - He did not; he always contended he gave the full value for it; till on the second examination, he denied having bought it at all.

Was that examination taken in writing? - I believe it was.

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

Reference Number: t17880109-38

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 9th of JANUARY, 1788, and the following Days;

Being the SECOND 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 II. PART IV.

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 Samuel Chesham and James Sherrard .

Was it signed by him? - It was not.

What account did he give of its being there? - He said, at the second hearing, that the boys brought it into the shop, and that he had suspected it to be stolen; that he desired them to leave it, and, if it was not owned in two or three days, he would buy it, but that he had not then given any thing for it. (The chain produced and deposed to.) Here is the point of the hook bent; a notch in the chain, that was cut one day going down the hill.

Is not that a common thing to happen to a chain? - That might happen to any other chain; I can swear to the chain.

Kirkman. I do not know the weight of it.

Jury. The chain is as good as new.

PRISONER CHESHUM's DEFENCE.

The boy took it, and then he called me to take it; says he, old one, come and take this chain; says I, what is it? says he, I am going to sell it in this yard, at an ironmonger's shop; says I, I will stop at the door till you come out, and he gave me some money; I do not know whether it was for the chain, or what it was; I believe my mother is out at the door.

Court is prisoner Sherrard. You are charged with buying a very useful chain, weighing 36 lb. capable of doing a great deal of service, of two boys that could not be supposed but to have stolen it; how can you justify such a conduct as that?

PRISONER SHERRARD's DEFENCE.

About five, on the 27th of December, this lad and another came in with a chain, they threw it on the counter; I was in the parlour, at tea, with a friend of mine; we had been drinking tea some time; they asked me if I would buy it? I said no, I would not; and I asked them how they

came by it; they said, it had been dropped by a timber carriage, in Broad St. Giles's; I said, I should not buy it; says the boy, if you will not buy it, I will leave it by G - d; and he threw it on the counter; I said, if you do prove that it is found, and is honestly come by, in a day or two, I will buy it, if you find no owner; but I mean to advertise it first; Freeman, Mr. Kirkman, and this boy came in; they said, they had a search-warrant, and they took me in custody; and Freeman and Kirkman ran behind my counter, and trod on the chain; they took it and me to the justice; Mitchell, and Treadway, and another, staid on my premises, while they took me to the office; I told them I had not bought it, that I had not had it in my possession half an hour; and the two boys did come in with the chain, and I stopped it, and told them I would not buy it; there never was any such word mentioned any where, that I had given the full value for it. I wish to call one George Vernon .

GEORGE VERNON sworn.

I live at No. 6, Pultney-court, Broad-street, Carnaby-market; I am a shoemaker; I am acquainted with the prisoner Sherrard; I was at his house the day after boxing-day in the Christmas week.

Mr. Garrow. What, Christmas-boxing do you mean? - Yes; when we had done tea we went into the shop; and a boy came in with a chain; he asked Sherrard to buy it; Sherrard asked him how he came by it; the boy said he found it in Broad St. Giles's; he saw it drop from a timber cart; Mr. Sherrard said, he doubted he did not find it; he said, he would keep it two or three days, and if not advertised, he would buy it; Sherrard took the chain, and threw it under the counter; after the boy went out, Mr. Sherrard said, he doubted he did not come honestly by it; the boy went away while I continued there; I went away before the officers came; while I staid, he did not buy it, nor did any money pass; I heard all that passed between them.

Mr. Silvester. What are you? - A shoe-maker.

So you and Mr. Sherrard immediately suspected the boys did not come honestly by this chain? - I did not; Mr. Sherrard said so.

How came you not to stop the boys? - I do not know, it was not my business; I did not know any thing of the affair; I did not attempt to stop either of the boys, nor did Mr. Sherrard; the boys went out of the shop.

He did not lay hold of the boys at all? - No, Sir.

How many boys were there? - One, Sir.

Only one boy? - No, Sir.

No money passed? - No.

The money was not divided between any body? - I do not know about money; I saw no money pass.

Where was you all this time? - I was in Mr. Sherrard's back parlour at tea, but after I had done tea, I came out of the parlour into the shop, and was going away; I did not take much notice of the boy; I do not think that is the boy; I am sure that is not the boy; he was a lesser boy than that.

How many chains were in Mr. Sherrard's shop that day? - I cannot tell.

But you are sure that is not the boy? - Yes.

ALICE SHERRARD sworn.

I know nothing of the chain; I went to fetch my brother and Vernon from the public-house, and Vernon drank tea there; and when they had drank tea, they went into the shop together; I do not know any thing further; I was about my business.

Prisoner Sherrard. When Mr. Kirkman went to Mr. Walker's; he said, your Lordship, I have undertaken another job; I believe I shall be a thief-catcher in time; I have transported once or twice; pray, gentlemen, says he to Mr. Fletcher, who are the Grand Jury this sessions; I will take care there shall be a bill found, depend

upon it, Mr. Walker, you will succeed in your business, I do not doubt.

Court. Did all that pass.

Kirkman. It is altogether false; the officers are in Court somewhere, that were present as well as the carter; I beg they may be called.

You say this did not pass? - No such thing.

You did say in your examination that the prisoner when first you went in, and had asked how he could buy the chain of these boys? said to you, that he had given the full value of it; now, recollect yourself, what he did he say? - He said, he had given the full value of it.

Did he at that time say any thing to you, of his having stopped the chain till there would be an owner for it? - He did not till afterwards before the Justice.

The prisoner Sherrard called four witnesses to his character.

SAMUEL CHESHAM , GUILTY .

Whipped .

JAMES SHERRARD , GUILTY .

Transported for fourteen years .

Tried by the first Middlesex Jury before the Lord Chief Baron.

Reference Number: t17880109-39

136. DANIEL GUNTER was indicted for returning from transportation, and being found at large on the 26th of November last.

The case opened by Mr. Knowlys.

(The record read.)

JOHN OWEN sworn.

Look at the prisoner? - I do; I know him; he was convicted in February Session, 1784, for a highway robbery; I was here when he was tried; that is the man.

What became of him after he was ordered to be transported? - He received sentence for seven years; I was present then, and brought him to the bar; after that there was a warrant of discharge, on condition that he should transport himself for five years in fourteen days.

How did he get out of Newgate? - He was discharged by a warrant from your Lordship, dated the 29th of September, 1786; to leave the kingdom for five years, in fourteen days.

See if that is the warrant? - I believe it is; Mr. Newman keeps it.

JOHN NEWMAN sworn.

This is a warrant of Mr. Recorder's, for the discharge of Daniel Gunter ; he was discharged on the receipt of that warrant I have marked the day at the bottom; it is the 25th of November 1786; this is my own entry; that is the day they informed me he was discharged.

Owen. He was discharged on that day.

(The warrant read.)

SAMUEL ROBERTS sworn.

On the 6th of November last; as I was coming down Holborn-hill; I observed a country-man standing there, facing Field-lane; I had just left two of our patrols; it was about four in the afternoon; the prisoner passed by him quick, and immediately turned back again; I rather thought that was suspicious; I stopped, and suffered the prisoner to go from the country-man; and I went to the countryman, and said, do you know that man? no, says he; then says I, be cautious how you go into strange company; I said no more; I went up Snow-hill, and the prisoner followed me, and said d - n your eyes, or b - st your eyes, what business have you to trouble your head; when I had got about half way up Snow-hill, he came d - ng and b - ng again; a mob assembled; I told him to go about his business, or I should take him in custody; somebody said, d - n you, shew your authority; then

there was the word go it; and he struck me over the head, and gave me two black eyes, and I received a kick; one of our patrols came to my assistance, and we took him into custody, and he has been in gaol ever since; as to his returning from transportation, I know nothing of.

Prisoner. Please you, my Lord and gentlemen of the Jury, I had been drinking with a ship-mate of mine, and I was coming up Snow-hill, and this constable accosted me; here is my defence in writing.

(Read.)

To the Honorable James Adair , Recorder of the City of London, and the Gentlemen of the Jury.

My Lord and Gentlemen; I humbly beg leave to lay myself at your feet, to implore your mercy, not being guilty of returning from transportation, pursuant to my sentence; I received his Majesty's most gracious pardon, on condition of going abroad for five years; I immediately shipped myself on board the Jane, captain Walker, bound to the coast of Guinea; I was out in her most of the time, but was ill, and not able to do my duty when the ship was at Liverpool; I could not go on my second voyage; I was obliged to part with all my clothes, and being in a strange place, I was reduced to the greatest distress, and in want of necessaries; in this deplorable situation, (in a very sickly state) I came to London, in hopes my friends would assist me, that I might go out with the India fleet, which would have been done, if I had not been detained; but I hope I may be restored to liberty, and proceed to sea in the next fleet; when I shall as in duty bound, ever pray. Daniel Gunter .

GUILTY , Death .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17880109-40

137. JOHN LANGFORD was indicted for feloniously stealing, on the 11th day of December last, 4 lb. weight of lead, value 9 s. 4 d. and thirty yards of ferret, value 4 s. the property of John Welsford .

Another Count, for stealing, on the 13th day of December last, 4 lb. weight of thread value 9 s. 4 d. and thirty yards of ferret, value 4 s. 6 d. the property of the said John Welsford.

Another Count, for stealing, on the 15th day of December last, the same goods, and one gross of metal plated buttons, value 4 s. 9 d. the property of the said John Welsford.

And WILLIAM ANNAND was indicted for receiving them, knowing them to have been stolen .

The said John Langford was also charged with stealing, on the 18th of December last, six ounces of twist, value 9 s. a gross of metal buttons, value 4 s. 9 d. fourteen ounces of white sewing silk, value 2 s. 6 d. the property of the said John Welsford .

The said William Annand was again charged for receiving the same, knowing them to be stolen.

The said John Langford was also charged with stealing, on the 20th of December last, twelve ounces of twist, value 18 s. one pound of thread, value 2 s. six ounces of twist, value 8 s. one pound of other thread, value 2 s. 4 d. the property of the said John Welsford .

And the said William Annand was also charged with receiving the same, knowing them to be stolen.

The said John Langford was also charged with stealing, on the 21st of December last, 2 lb. weight of silk twist, value 48 s. the property of the said William Welsford .

And the said William Annand was also charged with receiving the same, knowing it to be stolen.

The Case opened by Mr. Knowlys.

- JACKSON sworn.

I am foreman to Mr. Welsford; he has no partner; he deals in the articles of Manchester goods, buttons, silk, and twist ;

his servants on the 11th of December last were, me, and Mr. Goldsmith, and the prisoner Langford; on the 11th of December, I found in the cellar, among some other papers, four pounds of thread, and a piece of six-penny ferret; and on Saturday, the 15th of December, I found a gross of plated breast buttons, No. 912, and another gross on the 17th, of the same number; they are an article that is pretty much made use of by the manufacturers, and it is a particular size, and they all lay together.

Where did you find these buttons? - In the cellar among the loose papers in the lower warehouse; these buttons were kept in the upper warehouse on the 15th and 17th; I took notice of them on the 15th; I also found a pound of thread; and on the 17th, there were three balls of twist with the buttons; in consequence of finding them there, I put a private mark on the thread, and likewise on the twist, but not on the buttons; I cannot tell the day I marked them; it was one of the days when I found them.

Look into your own memorandum, and fix on those parcels; what is that paper? - It is a copy of the original.

Where is the original? - I tore it.

We cannot suffer you to look at the copy.

Mr. Knowlys. Have you any recollection independent of the minutes you have made of the articles? - These are the samples that I received of Mr. Welsford yesterday; I gave them to him.

JOHN WELSFORD sworn.

All that we want to know at present is; whether these are the same samples which the witness gave to you? - They are the same.

You have kept them ever since? - Yes.

Jackson. These are the samples of twist which I took from the balls of twist that I missed.

Upon which of these have you put your private mark? - I could not put on any mark, because it is twist, and they were in no papers.

JOHN KING sworn.

I am one of the marshal-men; I went to Annand's house the 29th of December; Mr. Welsford and Mr. Jackson went with me; I found a number of articles which I have here.

Mr. Silvester. You found them among other goods I suppose? - Yes, Sir, in his shop.

What shop does he keep? - A haberdasher's; what they call a piece-broker's.

Mr. Knowlys. Did you observe what Annand did, when you went for these goods? - I found him behind the counter; the things were found in the shop; I was obliged to take him from behind the counter, because he made a snatch at one of the drawers where the buttons were, and the twist; and another drawer they pulled out themselves; that was the drawer he made a snatch at to take one of the marks off; he was very loth to shew them any thing; I advised them to look regularly round, and not to put things into disorder.

Mr. Silvester. He lives in Shoemaker's Row? - Yes.

When you went there, you thought he made a kind of snatch at the drawers in which they were? - There were a great many gross of buttons there.

How many bundles did you take? - Several bundles; I suppose half a dozen.

The threads were not among the buttons, nor the buttons among the thread? - No.

But every thing in the place where any other piece-broker would keep his goods? - Yes.

Mr. Knowlys to Jackson. Look at these things; is there any there that you marked? - This silk I marked with a knot, which I have tied with one of the skains, and here is another on this; and I have the skains which will match them likewise.

Mr. Sylvester. As to the colour you may match them at any haberdasher's? - The mark is a knot that I tied on one of the skains.

How did that enable you to know that from the other? - There was no knot on the other skain when I had it, I am clear in that; I examined it particularly before I knotted it, and there was no knot at all; none of the skains had any knot on them, before I knotted them; I cannot say whether I knotted one skain or two, nor whether I put one knot or more; I did not observe any knot when I looked into it.

Court. This will render your marks very uncertain indeed, for every skain on this head of silk has a knot.

The Foreman of the Jury. Every skain of silk is knotted on account of the dyer, but where there are two knots, it is a private mark.

Court to Jackson. Can you, on any recollection you have, state the mark you put on these articles of silk? - I put no other mark than specifying the colour, and tying the knotts; I took one of the skains off the head of silk, and I made a knot on the skain of silk, above that that was made by the dyer; I undid each head of silk, and I took a skain out of each head of silk; I am not clear whether I made one or two additional knotts.

Mr. Garrow. You do not know how many knots you made in a skain, nor how many skains you knotted? - No.

Then is it possible for you to swear by that mark, that these are the heads you knotted? - Yes.

Suppose there had been another head of silk having one skain or two with additional knots, could you distinguish it? - I could not tell it.

Then if you had found any head of silk of the same quality and colour to what you have missed, you would have supposed it to be the one that you have knotted? - Here is the sample, this head I know nothing of, only by the colour; I took this skain of silk out of Mr. Welsford's silk, which matched it; here is a head, but I do not recollect whether I matched it or not, I judge of it from the sample; this is a common colour much made use of now, and the other was made use of two or three years ago; here is another blue, which I do not recollect whether I knotted or not; I judge of it from the colour.

Mr. Knowlys. Have you any threads there? - Here is a pound of thread which has my private mark upon it; it is a kind of mark that when goods come in, we tick them off from the invoice; there are two marks, one a kind of tick, and I believe I made a mark with a pen; it is my mark, I know it; I marked these that I might know them again; the two marks were both put at the same time; I put the mark on at the time I found the goods; this purple thread was found at Annand's house; here is also some twist that I cut a piece off, the twist I made up in balls and pinned it up again; here are the bits that match, and here is a very particular colour; that is what we call a quaker's brown; there are more goods which I found, but I did not mark them at Annand's house; I have nothing else that I speak to from pen-marks, but that purple thread.

Where was it, and upon what occasion that you marked these things? - I cannot exactly tell; when the pound of thread was marked, there were seventeen pounds weight of thread taken at several times; I marked several, of which that is one; I marked them, in order that if they went out of the house I might know them again, if they were found; they were among the things in the cellar; I marked them in the cellar, and left them where I found them; here are a great number of buttons, but I cannot say any thing to the buttons, because they are not my marking.

What marks are on the buttons? - The price marks.

Who usually makes the price marks? - It is those that receive the goods into the house.

Mr. Welsford. They were marked by

Mr. Goldsmith; I know his mark, I can swear to it.

Mr. Knowlys. About what hour in the day was it that you discovered these things in the cellar? - Sometimes in the forenoon, and sometimes in the afternoon; when I missed them in the evening it was about seven or eight; the prisoner Langford was a porter to Mr. Welsford; I missed one of the articles one night in particular, on a Saturday night; he went into Holborn with a parcel; I saw the goods before he went, and when he was gone, I missed the goods; it was the Saturday, or the Saturday but one before Mr. Welsford came to town; he carried out a parcel for Mr. Welsford, who was then on his journey, and was sent to the George and Blue Boar inn, in Holborn; Mr. Welsford lives No. 9, Lad-lane; he was sent out about seven; I followed him to see where he went to; he came back between eight and nine; he was gone about an hour and half; that Saturday was about eight or nine days before Mr. Welsford came to town; he came home on the Christmas eve, and this was the Saturday before that.

Had you on that day, before he went seen any goods in that cellar, and marked them? - Yes, I am sure of that, not above half an hour before he went out.

Can you recollect what kind of goods those were? - I think they were threads and buttons; I am not clear; I followed him out, to see where he went to, but I could not find him.

Have you any particular recollection applied to any other particular day? - No, none but that Saturday.

You sent him? - I asked him who he had given the parcel to; He told me he had given it to the coachman who was on the box going off, and the bill was given back to have the parcel put in it; I did not ask him any thing about his staying, any further than that.

Did you go down at any time when Langford was at home, to see if any of the goods in the cellar were missing? - When he was at home I saw the goods below; when he was gone out in the evening, the goods were gone; that was generally the case every other night, and that was the case on the Saturday I speak off; I cannot recollect the other days of the month.

Did you ever see Langford and Kimber together, after Kimber had left your service? - Yes.

Where did you see them together? - I have seen them in Lad-lane together, as I have been passing, but I did not take particular notice; Kimber has been at our house to match several times, since he left our house; I have seen them at different other places, in the course of my going backwards and forwards.

Mr. Sylvester. You are a shopman to Mr. Welsford? - Warehouseman.

He is a very capital warehouseman in Lad-lane? - We do a good deal of business.

Who serves in the shop besides you? - There is one Mr. Goldsmith besides me, nobody else but Mr. Welsford, and the porter, he might reach an article by our orders.

I suppose if I was to send to Mr. Welsford's shop, I could match this clue? - I cannot tell; you might find something near it; I do not know but you might match it to a shade; I do not know that you could match it any where else.

Now as to the thread, when you tick off the number of the parcels, do you tick them from the invoice? - We do not mark them, they are wrapped up in a dozen at a time.

So if I want a pound of thread, you would serve me with this? - Yes; if you had asked for a pound of thread, I should have given you that.

With respect to this Saturday? - I believe it was the 15th.

You have also been seen with Kimber, I believe? - Yes.

He came there to match goods? - Yes.

Mr. Welsford. I went to Annand's by virtue of a warrant; we looked for the

thread, and among a number of pounds of thread, we found this particular pound of thread; Jackson immediately said, this is one of the pounds of thread, which I found concealed in the lower warehouse; that was in the hearing of Annand; after that we asked to look at the silk, which Annand was very unwilling to produce, and we found the several heads which are here, which correspond with the patterns.

Did Annand shew you them? - I believe at last he pulled out the papers himself; I believe so, but I am not sure; there we found this scarlet match, that is what we matched after we had matched the twist balls; we matched every one that we had patterns to look for; then I desired to see the button drawer, which he was very unwilling to pull out; I believe I pulled it out myself; then the first I saw was this No. 919; there was my mark on it, and the prisoner Annand being very near me tore it off; I wrote this at the time I saw him do it; I desired the marshalman to take him away, or else he would tear off the marks of all; I found all these buttons with my shop mark upon them; it is in Goldsmith's hand-writing, which I know clearly, and Goldsmith will prove it.

Did Annand deal with you? - Never in my life to my knowledge; I have called upon him with goods, I have called upon him for orders, but he said I sold my goods too dear.

Mr. Garrow. I believe when you got Langford into custody you threatened him? - I do not recollect any such thing, nor any promise.

Was that made by Mr. Welch in your presence? - I do not recollect any threat or promise made by Mr. Welch, I charged him with robbing me of these particular articles; I said, we are in possession of the knowledge of it; you may see by these banks of silk, these were taken off from the heads that were concealed in the lower warehouse; it was on Friday after Christmas-day; he denied the fact at that time; and Mr. Welch said, Mr. Welsford, you may as well call up the constable, which I was going to do; and as I opened the door, then he said I will confess.

Had not you told him before he confessed that it would be more favourable if he told you? - I have no recollection of any such thing either one way nor the other.

- WELCH sworn.

I was present; I told the man there appeared very strong suspicions of his guilt, and also from what Annand said; and I told him he had better be candid, and tell the whole truth; and I believe, if I had not bid Mr. Welsford call up the constable, he would not have confessed at all.

Court. Then after that I cannot hear what Langford said.

Mr. Knowlys. Did you take up any body else? - I took up Kimber.

Mr. Garrow. I believe Kimber was examined, and committed for trial? - Yes, there was an application made to the Court to examine him as a witness.

You buy your buttons to make a profit on them? - No doubt on it.

Therefore, any other man who can buy them of the manufacturer, buys them cheaper than he can have them of you? - Yes.

No. 919 means the size and quality of the buttons? - Certainly.

If I was a button maker, I should have a like card of buttons, with a like number? - Yes.

Your shop-mark is the price-mark? - Yes.

When you sell a gross together, you sell them with the price marked upon them? - Yes.

If I wanted to buy a gross of you, I should have them with the mark upon them, as well as 919? - In general you would; we found the thread first.

Then the papers of silk were produced to you? - Yes.

That was before the buttons were found? - Yes.

Suppose you were to match them for me, would not you have done it? - Yes, there were many other balls there; I do not think I could have matched any of the patterns a second time.

The buttons are the common sizes? - There are different sizes.

Who is your manufacturer? - A man at Birmingham.

JESSE GOLDSMITH sworn.

Do you know that mark? - Yes, it is my own hand writing; I am servant to Mr. Welsford; this is the package, No. 919.

Which do you swear to as your handwriting? - It is this, the R. it is our own shop mark.

Court. Under the 919? - It is on the flat part, the 919 is here, on the edge.

Look at this parcel? - This is my mark; there is a D. that is my mark also; this is my mark, L Y.

Mr. Garrow. You have sold a great many gross of them with that mark upon them? - No doubt but I have.

That is the price mark? - Yes.

Court. Did you ever sell any to Annand? - I never heard of his name till this circumstance.

Mr. Garrow. Kimber came to the shop to match goods? - He did.

Mr. Silvester. You would serve me? - We very seldom have ready money customers; we might oblige you with a gross of buttons.

Jury. We wish to see the gross of buttons which the mark is torn from.

ROBERT KIMBER sworn.

Mr. Knowlys. Tell us all that you know about this business; and mind, that you tell the truth.

Mr. Garrow. The gentleman says you have been a bad boy, therefore, begin to amend.

Mr. Knowlys. He has been a bad boy to be sure.

Do you know the prisoner Langford? - Yes, I left Mr. Welsford's service about five months.

Do you know Annand? - Yes.

Did the prisoner Langford live with him at the same time you lived with him? - Yes.

Tell us what you know of Langford and Annand? - Langford, a fortnight before I came away, gave me some goods out of the warehouse; I do not rightly recollect the month.

Tell us what goods you received of him the last month? - I do not rightly recollect what goods I received of him last month.

You were taken up, you know? - Yes.

Tell us what you know of these goods, and where you had them from? - I had them from John Langford ; I disposed of them to William Annand a fortnight before I left Mr. Welsford's service.

Did you ever get any thread, silk, twist, and buttons? - Yes.

When did you get them? - In the course of five months, at different times.

Did you get any within two or three weeks of the time you was taken up? - I got some within the week I was taken up; I had four pounds of thread from John Langford ; I sold it to William Annand for two shillings a pound.

What sort of thread was it? - It was the best sort of thread; it cost half a crown.

Did Langford tell you how he came by it? - Yes, he said he took them out of his master's warehouse; he told me he used to conceal the things he got under the papers in the lower warehouse.

Did you buy them of Langford? - No, Sir, I took them of him, and sold them to William Annand , and gave Langford half the money.

Did you ever sell any to any body else but Annand? - No.

How came you to pitch upon him? - I was directed to him by one Richard Anderson ; I began to deal with him before I left Mr. Welsford.

How did you introduce yourself to him? - I went in, and asked him if he would

buy the goods I had with me; that was a piece of dimity.

What did he say? - He said yes, he would.

Did he ask any questions how you came by it? - No, Sir.

Did you tell him any thing more? - I did not say any thing more to him; he bought it without any questions; I do not recollect I told him any thing about it.

Did you ever tell him any thing about Langford? - No.

Did you tell him where you lived? - No.

Never at any time? - No.

Did he ever, at any time, ask you any questions how you came by them? - No.

What were the goods you used to sell to him? - Silk, twist, thread and buttons.

Did he ask you any questions who you were; or any thing of that sort? - No, Sir, none at all.

Did you go there frequently? - About twice a week.

You lived with Mr. Welsford about four months? - Yes.

Had you, at that time, an opportunity of knowing the prices of these things? - Yes; he gave me 16 s. a pound for such silk as this.

How much a gross for the buttons? - Three shillings, and four shillings.

When did you sell the last parcel of goods to Annand? - I think it was Christmas Eve.

Do you recollect what that was? - Four pounds of thread.

Do you recollect any other time in particular before Christmas Eve, of receiving any goods from Langford, or selling them? - Yes; on Friday, the week before, I received some.

Do you recollect ever receiving any of a Saturday? - No, I cannot say I do.

Do you happen to know, of your own knowledge, whether Langford ever went to Annand's himself? - No, Sir, I do not; he never went with me.

Should you know any of the things that you sold; I do not think I should.

Mr. Knowlys. What time of day did you generally go to Annand's? - About eight in the evening.

Jury. I wish the witness to be asked whether he sold the heavy dye and the light dye at the same price? - They were all sold at the same price, 16 s. altogether.

Are the buttons all breast buttons? - Yes.

Mr. Garrow. This is an unexpected pleasure to you to get into this part of the Court? - It is.

How long have you been in Newgate? - About a week.

They talked of sending you to Botany for seven years; did not they? - I was afraid so.

So you are swearing now to get yourself out of the scrape? - Yes.

Now my honest friend, these articles are bought frequently in a piece-broker's shop? - Yes.

Did you use to go there to buy pins and needles? - I have bought needles.

Did not you represent yourself to the prisoner Annand to be a distressed taylor? - Upon my oath I did not; I used sometimes to buy a halfpennyworth of needles; I never represented myself to this man to be a taylor; I used to buy needles because I used them myself in mending my own clothes and shirts, I never bought more than a half-pennyworth of needles in the whole.

Did not they tell you, that unless you could charge Annand, you would be hanged or transported? - No.

You was a thief as long as you could, and then you turned receiver? - I never stole any thing.

You did not tell your master what was going forwards? - No.

You set this man on to rob him? - Yes.

If you do not go this time, you will go soon? - I will take care not to do any thing to go.

Court. Take care, if ever you are caught

tripping, you will certainly forfeit your life, and expect no favour.

Mr. Knowlys to Welsford. What is the value of this silk? - These are twenty-six shillings, and the others thirty shillings a pound.

What is the thread worth? - Two shillings and sixpence.

What are the buttons worth a gross? - Four shillings and sixpence they cost me.

JAMES SAVAGE sworn.

What business are you? - A warehouseman; dealing in these articles now before you.

Has Annand ever purchased any thing of you? - Nothing; but I lived a servant in a house some time back where Annand purchased silk and twist.

How long ago is that? - It is a year since.

Mr. Garrow. Then it is an article he dealt in? - Yes; the price of silk is varying; I suppose it was worth about 24 s. when I purchased.

Jury. Has the price risen or fallen since that time? - The price has rather advanced since that.

PRISONER LANGFORD's DEFENCE.

I am not guilty.

PRISONER ANNAND's DEFENCE.

I gave the market-price for all the goods I have in my shop.

- POTTER sworn.

I am a stock-broker; I have known Mr. Annand about nine years; I never heard any thing against him but this in my life; I have given him several hundred pounds credit without ever taking a note of hand.

Mr. Knowlys. Did you ever appear at any place to give him a character before? - Never; I never heard any thing against him.

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

JOHN LANGFORD , GUILTY .

Transported for seven years .

WILLIAM ANNAND , GUILTY .

Transported for fourteen years .

Court to Prisoners. You have both been convicted upon very clear and satisfactory evidence. As to you John Langford ; you have been convicted of a felony aggravated by a breach of trust; by robbing that master, whose property it was your duty to have preserved from others: the sentence of the Court on you is, to be transported beyond the seas, for the term of seven years; if you had been capitally convicted, I should not have thought it right to have recommended you to the mercy of the Crown. As to you William Annand ; you have been convicted on the most satisfactory evidence, of an offence of a most dangerous kind; for these unfortunate people would have no encouragement or temptation to rob their masters and others in this manner, if it was not for the ready vent that they find for these articles from people more wicked than themselves; and your carrying on a traffic of this kind, under a colour of keeping a shop of this kind, can only operate as an addition of your guilt: you have gone on from time to time for a number of months together, buying goods so often as twice a week, from a person, who had no possible means of coming honestly by them, and at a price you knew to be greatly under their value; your shop was a ready mart to every person acquainted with it, for the disposal of stolen property; therefore it is highly necessary for the safety of the public, that you yourself should be removed from society; and that by your example, others should take warning; and the sentence of the Court upon you, is; that you be transported for fourteen years.

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17880109-41

138. ROBERT SETON (aged nine years) was indicted for stealing, on the 17th of December last, one cloth cloak, value 10 s. a linen sheet, value 6 s. two pair of cotton stocking, value 4 s. two caps, value 2 s. a check apron, value 18 d. the property of James Dawson .

NOT GUILTY .

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

Reference Number: t17880109-42

139. ABRAHAM MAHEW was indicted for burglariously and feloniously breaking and entering the dwelling-house of George Lomas , about the hour of six in the night, on the 17th day of December last, with intent, his goods to steal, take, and carry away .

JOHN LOMAS sworn.

I am fifteen, the 17th of last December; (I am son to George Lomas ) somebody knocked at our door, on Monday, the 17th of December; the maid-servant went down and would not open it; then I went down, and I knew Mr. Wainwright, the patrol, and he brought the prisoner with him, and he asked, whether he belonged to the house; I never saw the prisoner before.

JOHN WAINWRIGHT sworn.

I am constable and patrol, of Dowgate-ward; a partner goes with me; we go on at dusk, and stay till nine; at half past six on Monday night, the 17th of December, we passed Mr. Lomas's door; just as we got to the compting-house, which is the house-door, I saw the shutters move backwards, towards the street; I went forwards a step, and they opened a little wider; half open; I saw the prisoner at the bar, withinside the window of the compting-house; he seemed very much flurried, and in a fright, in a great hurry; he came over the window, which was about as high as I could reach; and I caught him in my arms, and I threw him down; he said, do not stop me! do not stop me! I have not done any harm, I belong to the house, I said, I will stop you to know; I knocked at the door, and found he did not; I took him into the compting-house; I told the prosecutor's son, and we found the upper sash was pulled down, and there were marks of a person's feet on the desk, and on the floor; fresh dirt; and there were papers on the compting-house desk, that had been trod on by dirty feet; in looking further, Mr. Lomas's son picked up a bag; this is the bag, and there was a nest of drawers, containing three drawers that were close to the desk; this drawer (produced) was the middle drawer, and was out of its place, and lay on the compting-house door by this bag; I searched the prisoner; I found nothing upon him of any suspicion, but this; which is a thing, when you pull out the cork, it lights a match, and there are matches in it; it is in the same state, as when I pulled it out of his pocket; (a bottle of phosphorous produced) I asked the prisoner how he came there; he said, he had come from Bethnal-green, and that he called on his father in Wood-street; after that he took a walk from Wood-street for a little air down that way; and going past Mr. Lomas's house, a man pulled his hat off, and threw it into the compting-house, and he got up and leaned over to get his hat out; on his examination at Guildhall; he said, it was two coal-heavers that came by, and threw his hat in. George Abrahams is my partner; he knows no more than I do.

Court to John Lomas . Was your father at home this evening? - No.

Who was at home besides you and the servant-maid? - Mrs. Lomas, and a young man, and two children.

What time in the evening is your compting-house window shut generally? - As soon as it is dark; it is my business to shut it up; I had been in the compting-house about twenty minutes or half as hour before this; I was there about six.

What situation was it in then? - The shutter was not put to, and the sash was up.

Mr. Knowlys, prisoner's counsel. Which of the sashes was up? - The top sash was up, and the bottom sash is nailed down.

Was the top sash up or down? - It was shot; I looked to see if the shutters were to; I did not shut these; I went up to tea; I intended to shut them when I came back.

Court. Are you quite sure that the top was up? - I am quite sure the sash was up.

Where did these drawers belong to? - To a nest of drawers.

Did you know whether that was in its place when you looked in the compting-house before? - I believe it was.

Can you speak with any certainty? - I believe it was.

Did you take any notice, whether it was or not? - I did not take any notice.

How came you not to shut the shutter? - I was coming down again.

Had you any light with you? - No.

Then you could not see whether the drawer was in its place or not? - No.

How could you see the window was up? - By the lamps in the street.

Are you clear that you saw that it was up? - Yes; somebody rung at the bell, and I went down to them, and I staid at the compting-house door, talking to them on the outside.

Did you go into the compting-house at all? - I was at the door on the outside; the compting-house door was open.

In the room, or in the passage? - In the passage.

Then you was not in the room? - No. at the door.

Is that door opposite the windows? - It is on one side; I could see the side that the windows were on; the windows are to the right hand, and the door was where I am.

You was not within the door? - I was part in, not quite.

Why did not you tell me before you found it to be material that you was part in the door? - I was in the passage.

Could you standing in the passage, see the windows that are on the right hand-side of the door? - There is a window in the passage that looks into the compting-house from the passage; I could see it from there; I did see it through there, before I went in.

Now, did you see it through the window or through the door? - I saw it through the window, and through the door too.

Is the window on the same side with the door which looks into the passage? - Yes, it goes almost to the other window; so that standing in the passage, you can see through the window.

How came you to look particularly at this time, when you was in the passage? - To see whether it was shut or no.

For what purpose? - If it was not to have shut it.

Does that bag belong to any body in the house? - No.

Mr. Knowlys. Consider, you are upon your oath; you say that you went down upon a knock at the door to speak to some person about business? - Yes.

If the person had not come, you would have had your tea, and would not have taken care of your compting-house till after your tea? - No.

You told us it is your general duty to take care of the compting-house? - Yes.

Do not you believe, that if this window had been discovered to have been left open by any neglect of your's, or want of care of yours; that you would have been very severely reprimanded, for exposing the house to be robbed? - Yes.

Nothing else brought you down but to speak to this person about business? - No.

It was business of some consequence to your father? - Yes, it was.

Then your attention was taken upon this business very much? - Yes.

You did not mean to look at all about the compting-house, till after you had finished your tea? - No, Sir.

This window in the passage is public to the street door and the compting-house? - Yes.

You just let him in, I suppose; and he stood pretty near the street door? - Yes.

Then you was conversing with him as near as you could? - Yes.

Court. Was any enquiry made of you by the family after this happened; whether you had left the window open or not? - Yes.

After this happened, who spoke to you about it? - Mrs. Lomas.

What did she say to you? - I do not rightly recollect.

As near as you can? - She asked, why it was not shut.

She was angry with you? - Yes.

What did you tell her? - I told her I intended to have shut it after tea.

Was any thing said about the sash being shut or not shut, by either you or her? - No, I do not recollect whether there was or was not.

Court to Wainwright. Had you gone past that house that evening before? - No.

PRISONER's DEFENCE.

I leave it to my Counsel; I went to Wood-street, to the sign of the Magpye, to meet my father, between five and six; he was not there, my wife had lain in only three weeks; I was going to my wife's sister at the Old Swan, at the bottom of the bridge, and coming along two men insulted me, and used me very ill, and they took my hat and threw it away, and it happened to lodge on the window sill, and I got up and reached it down; and these two men came and asked me what I did there, and I told them.

The prisoner's witnesses called, but did not appear.

Court to Lomas. At the time you went to speak to this man about business, where was you called from? - From up stairs.

When had you gone up stairs? - About five.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17880109-43

140. JOHN MILES was indicted for feloniously stealing, on the 21st day of December last, a pair of silver buckles, value 7 s. the property of George Sewell .

GEORGE SEWELL sworn.

I am a scale-maker in Union-street, Tottenham-court-road , I only prove my property.

ELIZABETH BUTLER sworn.

I am servant to the prosecutor; this prisoner and another person came in to take away the dust at half past eight on the 21st of December; I had cleaned my master's shoes and buckles, and set them on the stairs in the back kitchen; the buckles were in the shoes when these men went away with the dust; the prisoner was the last person that went by the back kitchen door, and he shut the door after him, which I desired him not to do, but he did; I thought he was gone up-stairs, but he stopped at the bottom of the stairs, and I presently heard him run up stairs; I was in the front kitchen, and he shut the door of that kitchen upon me; I went and looked on the back kitchen stairs, and missed the buckles out of the shoes; I went out after the prisoner, and found him in a house of Mr. Matthews's, No. 7, North-street, I charged him with taking away the buckles; one of the men was up at the door, and the other was down in the area, and he that was at the door went down to the other and told him, and they both came up stairs together, and I desired him to come to my master's house, and he came very willingly; my master sent for a constable, and he was searched, and nothing was

found upon him, nor in the dust-cart; the officer went to the house of Mr. Matthews in North-street, and in searching about, he found the buckles wrapped in a rag, in the corner of Mr. Matthews's cellar, and a shovel-full of dirt thrown over them.

What became of the other man? - He was discharged at Bow-street.

Which of the two men was at the door of Mr. Matthews? - The other man; this is the man that was below at Mr. Matthews's; I saw the buckles about two minutes before.

HENRY CROCKER sworn.

I was sent for, and searched these people at Mr. Sewell's, I found nothing; I afterwards searched Mr. Matthews's cellar, and there I found in the corner of the cellar, these silver buckles, wrapped in this rag, and about half a shovel-full of dust thrown over them; this man signed his confession before Mr. Bond; it is here.

Mr. Shelton. There is no confession returned.

(The buckles produced and deposed to.)

PRISONER's DEFENCE.

There was another dustman went into the house.

NOT GUILTY .

Tried by the second Middlesex Jury before the Lord Chief Baron.

Reference Number: t17880109-44

141. SAMUEL CHARMBURY was indicted for feloniously stealing, on the 28th day of December last, a man's cloth coat, value 10 s. a cotton waistcoat, value 12 d. a pair of stuff breeches, value 4 s. a shirt, value 3 s. the property of John Manshare .

A second count, for stealing, on the 1st day of January, two shirts, value 8 s. a pair of trowsers, value 2 s. two handkerchiefs, value 3 s. his property.

JOHN MANSHARE sworn.

I am a sugar-baker ; I lost the things in the indictment from my lodgings, where I came to lodge the thirty-first of December, and my trunk was left before, and about three hours after I lost a bundle I brought with me out of place; it contained part of the things; I left them in the room where I slept that night, and they had a suspicion that nobody was up stairs; the prisoner was in bed, he lodged in the same house; and we searched about the room, and we found the things in his room, separate, and concealed some here and some there; they were put into some old chests or trunks, about four or five; the shirts were laying in the fire-place, the trowsers were on the chest; it was open; the handkerchiefs were found on the side of the bed where the prisoner lay; a brother-in-law of the prisoner lodged in the same room; it was not a quarter of an hour after I missed them, that I found these things; I missed them in the afternoon, I searched the room between two and three; he was in bed; I heard he had been out the night before; I do not know how my things came into his room; I sent for a constable, and there were found upon him the duplicates of other things that I lost before; I saw them taken out of his fob.

- BULLWINCKLE sworn.

The prisoner lodged about ten days in my house; the prosecutor brought a bundle up stairs in the morning, and in the afternoon he came down and missed his things; I said nobody could have them but the prisoner; so he searched about the garret where the prisoner was, and there was the things; I said you took the former things, he said he knew nothing of it; I sent for an officer, and they found the duplicates in his pocket.

JOHN ROBERTS sworn.

I searched the prisoner on Tuesday, and

found four duplicates upon him, in his fob; he had his clothes on; here are two of the duplicates, and one that I took out of his pocket; we went to Mr. Parker's in Wood-street; he tore the duplicates, and would not let us see the things, he gave us a copy of it.

CHARLES EARLE sworn.

I am a weaver, I was with John Roberts when the two men were apprehended; I saw Roberts take the duplicates out of his fob.

JOSHUA ALLEN sworn.

I am a pawnbroker, servant to Mr. Vendover; I produce a pair of black breeches I received of the prisoner, the 31st of December, the duplicate of which was found on the prisoner.

(The breeches deposed to.)

SAMUEL CHALLENEUR sworn.

I am a pawnbroker belonging to Mr. Matthews in the Minories; I received a waistcoat from the prisoner the 31st of December; this is the duplicate.

Allen. There was a coat pledged in the name; I do not know this was it.

PRISONER's DEFENCE.

I never saw the things; I did not pledge them.

GUILTY .

Whipped , and imprisoned three months .

Tried by the second Middlesex Jury before the Lord Chief Baron.

Reference Number: t17880109-45

142. MARY ANN DEVINE was indicted for feloniously stealing, on the 2d day of January , one silk handkerchief, value 12 d. one cotton ditto, value 3 d. one silk purse, value 3 d. one guinea, one half crown, and 2 s. 6 d. the property of Dennis Tremmel .

DENNIS TREMMEL sworn.

I was robbed in the street, on the 2d of January, of a purse and a guinea, a crown and two shillings, and two handkerchiefs; I was in a house with the prisoner; she brought me into the house; a public house in this street; I went with her to another house; we were in company all the morning from seven till nine; I was not sober, nor I was not drunk; there were a good many people in the publick house, besides her and me; I paid for what I drank; she took me out of that house, and she wanted me to go into other houses; I would not go; I knew her about ten days before; she lived with an acquaintance of mine; the house I went into with her was an acquaintance of mine; she hauled me and pulled me till she got me into this house; I was strong enough to keep myself out.

You had an inclination to go with her? - I did go with her; I did not give her any thing.

What passed then? - I was doing to sleep, and as I lay on the bed, I found her hand on my pocket; I asked her what she wanted there, and I dropped to sleep again; and she stole away from me; I searched for her, but I could not find her; I could not make her off, till she had brought her clothes out of pawn with my money; I felt her going down stairs, and I thought it was somebody else, and I started up, and put my hands in my pockets, and I found it gone; I could not make her off for some time; there was no other girl in the room at the same time; I was out of my mind when I found my money gone; I ran backwards and forwards, and up stairs at the publick house, and every where; I could not find her till day-light; in the evening I was obliged to give nine-pence to know where she was, and a girl told me she was in Litchfield-street, at the office, getting a warrant for herself; a girl told me so; that was her partner that used to lodge in one house with her; I went to Litchfield-street; I found her in the office, and gave her in charge to the constables, and found my

property on her head, with one of my handkerchiefs.

Did you find no purse? - No, nor nothing; she was after taking out her clothes with my money; the constable has got the handkerchief.

Prisoner. Were there not plenty of people that saw him take the handkerchief off his neck to lend it to me to put it on my head? - Not to the best of my knowledge.

Are you quite sure that you did not lend her, or give her the handkerchief? - Not to my knowledge, I never did.

Prisoner. Did not you say at the Cock you believed I was the person who had your money, but was not sure? - I said no such thing.

Did not you say, if I would give you a guinea, you would go about your business? - I heard nothing of the matter.

Did you say so? - I did not, to my knowledge; I never heard it.

That will not do? - I did not say so; I told her, if I got my own money, I should be willing to be quiet, for I did not want to go to law with her at all; I was willing to drop her at the same time if I could.

Was your purse and the other handkerchief ever found; that you know of? - No, Sir.

JOHN BRINE sworn.

I saw her take a handkerchief out of the prisoner's pocket at the publick house; they went away together; she had it in her hand or a considerable time after she took it; they were not there a quarter of an hour after.

Why did not you tell him that she was picking his pocket? - I told him of it; not long after they went away; it was the same day that I saw them going together; I did not mind it; I knew he did not know it at the time.

Then why did not you tell him? - I cannot say; he was drunk; he was not very sober.

Did not you come into the house with him, and was drinking with him all the morning? - No, it was after eight when I came there.

What pocket did she take this out of? - Out of his jacket pocket; there was another man with his back turned to us as he was going out of the room door.

Were not there a number of people drinking in the ale-house? - There were some women in the tap-room; we were in the parlour; he was a bricklayers labourer; I am a farmer in Essex, with Mrs. Fox; I came to an acquaintance in town.

Do you live with Mrs. Fox now? - Yes, till this man came for me; I knew the prosecutor before.

Prosecutor. I had the purse when I went into the house with her, because I took nine-pence out of it to give this young fellow to bring in beer, and this young fellow forgot to come back with the beer; he did not bring the beer nor the money.

THOMAS MUMFORD sworn.

When the man came down to the office, he found the prisoner there; he said she had robbed him of a guinea and a crown, and half a crown and two handkerchiefs; and he thought that was his handkerchief round her head, and he said, if it was, it was torn down one side, and sewed up with brown thread; Mansfield took it off her head; he has the handkerchief.

- MANSFIELD sworn.

On the 22d of this month I went into Litchfield-street office; the prisoner was there; she was very much in liquor; it was between twelve and one; the man said he was robbed; this is the handkerchief I took off her head, and he said it was his property, and according to his description, it proved to be what he said; she was very much in liquor; the Magistrates desired me to put her into St. Ann's watch-house to get her sober; when I went to take her out she was as much intoxicated as before; I took her to St. Giles's watch-house; there were three other girls that came with her; the prosecutor said at the Cock he only wanted his money back;

he did not wish any prosecution; there were three girls; this man had been in bed with her, and there were two beds in one room; and six women in the two beds; the money was gone, and the prosecutor took the handkerchief off his neck, and lent it to her.

Prosecutor. It is my handkerchief; here are the stitches of a needle that I put in it; I mended it.

PRISONER's DEFENCE.

I never saw any of his money; he said he would go to bed with me; there were two beds in the room, and five women, besides me and him; I went to look for the beer, and when I came back he said he was robbed; since that the landlady of the house gave him his purse last Monday, and said she found it underneath the door; Brine told me so at the prison.

Prosecutor. She gave me a purse, but if she did I could not take it, because I could not swear to it.

Was there any money in it? - No, there was not a farthing.

Was it like the purse you had lost? - It was.

Who was the woman that offered you that purse again? - The woman that keeps the house we went into.

Not the publick house? - No, I know that woman.

NOT GUILTY .

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

Reference Number: t17880109-46

143. JOHN WILSON was indicted for feloniously stealing, on the 7th of January , a cotton gown, value 10 s. two pair of silk stockings, value 10 s. a pair of cotton ditto, value 2 s. four shifts, value 4 s. two gowns, value 4 s. a linen handkerchief, value 6 d. a pair of stays, value 6 d. a black flounced petticoat, value 2 s. three pin-a-fores, value 6 d. the property of James Chambers .

ELIZABETH CHAMBERS sworn.

My husband's name is James Chambers ; we are housekeepers ; I lost the things in the indictment on Monday last, and a great many more to them; we went out to dinner at three o'clock on Monday; we came home at four on Tuesday morning; we found all the doors open, and some part of the house on fire, but the fire was out when we came home; the stair case was burnt down; I lost all my property from my bed room; some things were in my drawers; some in a box; and some tied up in a bundle; the next morning the night officer came to me, and gave me information of my property; I saw some of the things on Tuesday morning at Justice Smith's; they are here in Court.

THOMAS GUY FLOWERS sworn.

I am a watchman; at half after one, on Tuesday morning last, the prisoner came past me with this basket of things; I run over to him and asked him what he had there; he said, what is that to you? I took him by the collar to the watch-house; I have kept the things ever since.

DANIEL DUNNING sworn.

I am a watchman; I was crying half past one on Tuesday morning last; the last witness called for assistance; I helped to take the prisoner, and he had this basket; and the prisoner would not let him examine it.

Do you believe that to be the same? - I cannot take my oath to it, but I believe it.

Court to Flowers. Did you leave the basket at the watch-house? - Yes.

What did you observe it by to know it again? - The handle, and the cloth round here at the time; it was not moved at all off the shelf, at the watch-house; I took it off the next morning myself; there are two holes in the handkerchief, I observed them over night, when they were taken from the prisoner.

Can you swear it is the same? - Yes.

(The things deposed to.)

PRISONER's DEFENCE.

I had this basket from a woman, she was in liquor enquiring the way to Tower-hill; I carried it for her, the watchman took me.

Jury to prosecutor's wife. Were any of your other things moved out of the house, in consequence of the fire? - No, none of the goods were moved.

Court to watchman. What did this man say to you when you took him? - He said I had no business to look what he had at all; I said it was my place to look; he did not tell me from whom he had it; there was no woman with him.

Did he tell you that a woman gave him the property? - No, when first I stopped him, he said he would not let either of us look at them; I said we would take him to the watch-house; he said he wanted a lodging; he did not say a woman gave them to him.

Jury. Did you ask him how he came by them? - No, we did not.

Was there a woman with him? - There was a woman followed him.

Was that woman in any conversation with him? - Not a word, I asked him if he knew that woman; I thought she might have been a partner; he said he never saw the woman with his eyes before, that she did not belong to him.

Court to Flowers. In your presence, was that prisoner asked about any woman? - I saw no woman, but the other watchman said he saw a woman, and he asked him, and he said that woman did not belong to him at all.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17880109-47

144. JOHN MACKEY was indicted, for that he, on the 28th day of December last, unlawfully did make an assault on Thomas Dungate , one of the excise officers of our Lord the King, in the due execution of his office and duty, as such officer, on board a certain vessel, within the limits of the port of London; and him did hinder, oppose, and obstruct in the due execution of his office and duty, within the said limits, against the statute, and against the peace .

A second count. Which charges him with the same offence, only calling it on board a certain ship, instead of a vessel.

THOMAS DUNGATE sworn.

I am one of the officers belonging to the excise; I was on board the 20th; I was tidesman on board the Mary.

You are commissioned to act within the port of London? - Yes.

Where was she laying? - Opposite Iron-gate, near St. Catherines .

When did you go on board this ship? - The 10th of November, to the best of my knowledge.

Who commanded the vessel? - Captain Barnard; the defendant was the mate of that ship.

Was there any custom-house officer on board her at the time you went? - There were two on board on the 28th of December, 1787; I was on board the Mermaid; there were things that were sent away; and three casks and two jars, which the custom-house officers delivered into wherries, and I found that they should not be sent away in that; I delivered these thirteen casks and two jarrs of pickles, as I supposed they might be; I said to the custom-house officer, have you an order to deliver them? they said they had, but they had no business with it; then they told me they was to have ten shillings, and they gave me three shillings; and one of the sailors on board the Mary gave me an information; the prisoner was standing

on the deck, and he said, what a d - n'd rascal you must be to do such a thing for such a small quantity as this; so as you have been served on board this ship; at first I said it is not I; he said, damn you, I know it is; I said, suppose I did, what then? I was on the quarter deck; says he, I wish I had you some where else; says he, this should not be all; I will have a d - n'd blow up for this, if I am hanged for it; says he, damn your eyes, get off the quarter deck; says I, I shall not go off for you; that was the last word he spoke at that time; I was walking on the deck till evening; and sitting on the main deck I heard a knocking in the cabin, I walked towards that way, and the knocking ceased before I came to the cabouse; I staid some little time, it might be ten minutes; I heard somebody coming up, that was the prisoner, and some other man; the prisoner had something under his arm; he came out of the cabin, the other man up'd with a large piece of wood, what they call a handspike; and before I came to him, he up'd with it in his hand; the man that was with Mr. Mackey.

How near was he to Mackey when he aimed this blow? - Mr. Mackey was not so far as you are from the other man; they both came out of the cabin; he aimed the blow at me, and I dodged to avoid the blow, and the man threw the instrument at me, and knocked me down, and hit me in the small of my back; I never spoke to Mr. Mackey from that time in the afternoon, till the evening, not a syllable; I made up to him before the man aimed the blow, about two steps from the quarter deck.

Are you positive whether you did or did not utter a syllable to him of any sort? - I did not, I never spoke.

How long do you think it was between the time that this handspike was thrown at you, and the time of the conversation with Mackey? - Some hours had clapsed.

What immediately followed when you was laid on the deck in that way? - Mackey and the other man came and kicked me when I was knocked down on the deck; Mr. Mackey, and the other man both kicked me several times about my body and in my face, but I cannot say that Mackey kicked me in the face; they both kicked me in the body, one on one side, and one on the other; no other of the ships crew kicked me; I said, for God's sake do not use me ill; Mackey said, d - n his eyes, kick him; and I received two kicks after that.

Did he strike you after that? - I received two kicks, but I do not know whether he kicked me or the other man.

Was you rendered insensible? - No, but I do not know which of the men it was; they were close to me; as soon as they went away from me, I might lay there a minute or two, then I went into the lighter, and I called sculler seven or eight times, a boat came along; the gentleman is here now, and he came and took me to St. Catherine's; his name is Stephens; I said, I shall be obliged to you if you will put your boat close, for I am so beat I do not know how to get into it; there was blood on me to be perceived; I had given them no provocation, by language, or any other means, nor any one soul on board the ship; no man can say I gave them a miss word.

Mr. Serjeant Runnington, prisoner's counsel. How long have you been an officer of excise? - About two months.

Had you ever been an officer before? - Never; I went on board this vessel, the 10th of December, when she came into the port of London; a day or two after, I was on board constantly every day.

You do not like rum? - Yes, I like a little now and then.

Did you ever find any on board the ship? - I found a cag; I did not know who it belonged to.

Was not there a few words between you and Mr. Mackey about some rum of his that you made free with? - Never; I never had.

Aye, or no; had you? - I never had a miss word with him.

What time of the day of this 28th of December did you come on board? - I have been there every day since the 10th.

What time of night was it when you went on shore after being beat? - I do not think it was quite eight.

How many men were on board this ship? - There were two or three, I should imagine.

Do you recollect the name of the boatswain? - Yes; Mr. White, I believe.

Then you do not quite recollect his name? - I do not.

Do you recollect seeing the boatswain in the course of that evening? - I did see him go on shore about half past six that evening.

Did you see him any time after that evening on board? - I did.

What time? - It might be about half past twelve when he came on board the ship again.

What part of the ship was you in then? - I sat on the cabouse.

Was it in the cabouse that you saw the boatswain? - The boatswain came on board and asked me what I sat there for; the cabouse is the place where they make the fire; it is a thing built upon the deck; it is before the cabin.

You always told this story in the same sort of way? - I said to him, I had been ill-used by the mate of the ship; he never asked me any more questions.

Did not you tell the boatswain that Mr. Mackey had knocked you down on the front of the face with a large piece of wood? - I did not.

That you mean to swear? - I do.

I am told it was a very light evening? - It was very dark; there was no moon at all.

Being no moon at all; do you recollect who the other person was? - I do not.

Did you know who was on board the ship besides Mackey? - I do not.

Did you see any body come on board? - I saw a mate of another ship come on board in the evening some time before; I did not see any more than one person come on board that evening; I know the mate of the Washington by person, but not his name.

Was he in the cabin this evening? - I do not know whether he was or not.

You do not mean to state now correctly how many men were on board the ship at this time? - I cannot say; there are about four belonging to the ship.

After being beat, you called out loudly for scullers? - I did, as loud as I could.

I look upon it they might have heard you from the next ship? - They might; for the next ship was close; every man on board the Mary might have heard me; I never went before Justice Staples; the Justice came to me.

Did you give the same account to him then, that you have given us to-night? - I did, concerning Mr. Mackey's illusing me.

Here is your information, and there is not a word of what passed between Mr. Mackey and you? - There is every word, if the gentleman speaks the truth.

You went off before eight from the ship? - It was before eight; a little boy brought me back that used to attend the ship; he is a waterman's boy; I went back for fear our officers should come, and I should not be in the ship; the shore is not a stone's throw; I came back about nine; I cannot tell to a minute.

Court. What was your duty on board at this time? - I was an excise officer on board of her, on an ullage of rum; I was on board for that, my duty was to see that nothing was carried out of the ship.

What were you doing at the time that these two men attacked you? - I was sitting on the deck; it was past seven, I think; and I heard a knocking in the cabin; when they came up, I was sitting still on the main-deck; I saw Mr. Mackey had something under his arm, and I made up to him to see what he had under his arm.

Mr. Fielding. The boatswain, I understand, was the person to whom you spoke, after you had received this usage? - I did

not say three words to him; I said, I had been ill-used by Mr. Mackey.

The Justice attended you? - He did; I think I gave him the same account as I have given here, pretty nearly.

When you came on board, what part of the ship did you go to? - I sat in the stern of the ship, an hour and half, and then in the cabouse.

THOMAS GROVES sworn.

I am an inspector on the Thames; I remember the ship Mary laying at St. Catherine's stairs; that is within the port of London; I had been on board that ship, in consequence of an information from the last witness, on the 28th of December, in the, morning my assistant, seized 340 lb. weight of chocolate; that was in consequence of Dungate's information about eleven or twelve; I did not see Dungate till the next morning about nine; he was on shore then, laying in the office; he was in a very bad condition; a surgeon had just bled him; Dungate had not been above two months in the service; he was put on board to prevent any goods being clandestinely carried off; I saw Mackey when I went to make the seizure; I had some conversation with him in the cabin for half an hour; he was there at the time; there were two custom-house officers on board; I have been inspector of excise about a year and a half.

Mr. Serjeant Runnington opened the case on the part of the Defendant.

LEONARD M'COUL sworn.

(Examined by Mr. Knowlys.)

I am mate of the Washington; I recollect the 28th of December, I was in company with the prisoner, the mate of the Mary; the evening before, Mackey, and the mate of another ship, of the name of Peter, came on board our ship, between five and six, and we staid till past six, between six and seven; then we all three left our ship, and went on board the Mary; we left the Mary at past nine, and staid there all the time; we continued there from between six and seven, till past nine; I was in company with Mackey and the mate of a ship, of the name of John Peter ; we continued in company together all that time, from half past six, till past nine; Mackey first came into my company on board our ship, about half past five, he staid till half past six.

Do you mean to swear, Mackey never went up all that time? - I will not swear that, but I was never left alone; I never was totally left by the two together.

How long was Mackey absent at any time? - I do not recollect that he was absent at all; but they never were both absent.

During that time, did you hear any noise at all on board the ship? - Not a word.

No calling out at all? - Not a single word.

Did you see any thing of Dungate there? - I did not; I never saw him the whole afternoon; if there had been any noise on board the ship, I must have heard it.

Did you observe a lighter near this ship? - There was a lighter lay without the Mary, loading with staves.

If any man was calling out for a boat loudly, should you have heard him then from that lighter? - I really cannot say; he must have called very loud if I had heard him; if there had been any disturbance on board the ship, on the ship's deck, I must have heard it; any cry, I must have heard it; I heard no cry; there were always two of us together.

Mr. Garrow. You are the chief mate of the Washington? - Yes.

And this gentleman is the chief mate of the Mary? - Yes.

You are both Americans? - Yes.

What brought you out of your own ship, into Mr. Mackey's ship? - My captain always stays on board; and at that time, I expected him on board.

I observed you said on your word, you did not recollect, that Mr. Mackey was absent at all? - I do not.

Will you venture to swear that he was not out of the cabin at the time? - No, I will not, though I never was alone; e Peter or Mackey was always with me.

Do you mean to swear (because I shall not (be put beside my question) that Mackey was never out of the cabin while you was on board the Mary? - No, I do not.

Will you venture to swear, he did not go up out of the cabin of the Mary, with some things under his arm? - Yes, I think I can safely swear that.

Do you mean to swear that this man did not go out of the cabin with some things under his arm? - I will not undertake so far as that; he might go with a pot, he might go for a pot of water.

Upon your oath did he go out with a package under his arm of some sort; and do not you know it perfectly well? - No, he did not.

Do you mean to be understood now, that Mr. Mackey never went out with something under his arm? - No, I will not swear that he did.

Upon your oath, do not you know that he did? - I do not upon my oath.

Had you any conversation with Mackey about the officers that were on board the vessel? - Not a word.

What were you talking about? - We were talking about our girls, as we generally are.

Will you swear, there was no talk about a seizure that had been made that day? - I will not swear; there was such a thing talked of; I knew, and saw the seizure.

You knew there had been a seizure? - Yes, I knew that.

Did not Mackey tell you, who had made that seizure, and given that information? - Yes, he did, at the time they were taking the things out of the ship; he said, it was this man that stands here.

So he told you, that Duncan, the exciseman, had given this information and had seized all the chocolate, and the things in the provision casts? perhaps, at night tell you, he expected this officer to come again? - He did not.

Did he tell you, that they had got all, or something more? - He did not.

Upon your oath, did not you recommend it to the prisoner at the bar, to bring all his smuggled goods on board the Washington? - I did not upon my oath; I said, if you had brought these things, and put them on board the Washington before, they would have been all safe; I intended that the officers should hear me.

How many evenings had you spent with your friend Mr. Mackey, when he was on board the Mary, in the port of London? - Several.

How came you to go out of your ship before the captain came on board that night? - Because there were three of us.

If this man had been beat by any body, and had cried out, you must have heard it? - I must have heard it; I do not believe he was beat upon my word, there was no complaint that I heard till the next morning; I did not see him since, till now.

What was Mr. Peter about all the time? - He is not here; I believe he is gone in the country; I have not seen him since that night he came on board to take his leave; he was going into the West-country.

How long have you been from America? - About four or five months.

And never been in any of the Courts of Justice in America in your life? - Never; nor no other Court till now.

Mr. Garrow. I am not prepared to prove you was.

Mr. Runnington. That is very indecently insinuated.

You never was in custody there? - No, never was sworn in any Court.

NATHANIEL GRAY sworn.

I was boatswain on the 28th of December; I know Dungate and Mackey.

What time did you come on board on

the 28th? - About half after twelve at night; when I came on board, I heard somebody in the cabouse; I asked, who was there? and he said, it was me; I said, who is me? the officer, says he; says I, what is the meaning of your staying here at night? says he, why, I have been ill-used; says I, who ill-used you? says he, your mate has knocked, me down with a billet of wood; he told me positively so; he said he hit him in the face; I did not see him till the morning; I said, if he would not go to bed, I would; he said, he would not go to bed; he would stay there till morning.

SAMUEL KNOWLYS sworn.

I am a seaman on board the Mary; I know Dungate the officer; I saw him on board the 28th of December, I remember that day perfectly well; but in the evening after it was dusk, I did not see him; I was on board the next ship; I went on board between five and six, and came back between six and seven.

From that time till you went to bed, did you see Dungate there? - I did not.

Did you hear any disturbance on board the ship? - No; I think I must have heard if any body had been crying out; I did not see Dungate till the next morning; at the time the boatswain came on board, he sung out, who has been killing the officer? he told me, that somebody had been knocking him in the face, or head, with a billet of wood; the next morning I saw him going up the stage as I lay in my hammock; I only saw his backside.

Mr. Garrow. Now when the boatswain came on board he sung out, who has been killing the officer? - Yes.

Then the man was not hurt at all except knocking his own head against the mainmast? - I suppose so.

He did not mention that Mackey had kicked him while he was down; now upon your oath, did not the boatswain tell you that the officer had said to him, that Mackey had kicked him; - He did not mention Mackey's name, I am sure; but he said that somebody had knocked him on the head with a billet of wood; I was getting a little grog on board the Hermione.

You was a little groggish, I suppose? - No, I was not; I could not get enough, or I suppose I should; I turned into my birth as soon as I came on board; I could not get enough to sleep sound.

Did you see Mackey on board that night? - I heard him, but I did not see him.

Did you hear any knocking in the cabin? - No, there was no knocking, I was on board the whole time of the seizure.

Who brought about that seizure; did you ever hear Mackey say who gave the information? - He said that one of the people who had left us, had informed the exciseman, he thought.

When was that? - I do not recollect when.

Was it before this officer was knocked about so? - Yes, it was that afternoon.

You was not in company with the mate of course? - No.

Mr. Knowlys. You was not asleep you know, for you heard what passed in the cabin; I heard them some time.

If any body had cried out you should have heard them? - I think I should.

Mr. Sylvester replied.

Jury. Were there not some custom-house officers on board at the time? - They were on shore.

To Dungate. Did they leave you on board alone? - Yes.

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

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880109-48

145. BERNARDUS FLORICE was indicted for feloniously stealing, on the 22d of December last, thirteen pewter pint

pots, value 6 s. and four quart pewter pots, value 6 s. the property of Daniel Butcher .

( - Trayer, an interpteter, sworn.)

DANIEL BUTCHER sworn.

I keep the Blue Anchor, Whitechapel-road , I lost thirteen pint pots and four quart pots, the 22d of last December; I sent my maid out for these pots in the mornings about nine; the girl came back and said she missed the pots; I saw them after they were stolen, in Petticoat-lane, they were all on a leather belt as they are now; my name is on them, and the anchor likewise.

To Prisoner. What countryman are you? - Born in Amsterdam.

GRACE THOMPSON sworn.

I am servant to the prosecutor; I left the pots in a passage two doors from my master's house, thirteen pints and four quarts, I had counted them; they had the mark of the anchor upon them; I was gone five or six minutes, I saw the prisoner walking backwards and forwards, I had no suspicion of his taking my pots, I was not in the passage at the time he took them; he had long coat on and a fur cap.

Prisoner. This coat is all I have in the world; I have no fur cap.

( James Francis produces the pots.)

I was in Mr. Box's shop, I heard the rattling of pots, they were covered with a dark jacket, which I believe to be what the prisoner has on; I pursued him and went up Stoney-lane, the man walked very fast, he went into a place called Cook's buildings, I saw him drop them; I am positive to the prisoner and the pots.

WILLIAM BOX sworn.

I was at work in my shop; I saw the prisoner go by with the pots, I pursued him and took him; I did not see him drop the pots, they were dropped before I caught him, I took from him a pass from the may you and aldermen of the borough of Middleburg.

PRISONER's DEFENCE.

I found the pots in the street, at the outside of the passage, and took them up, on account that abroad it is a custom, when they find any thing in the street to carry it to the bell-man, the bell-man learns the owner, and they get a trifle reward.

Why did you run away? - Because I thought the person who run after me was going to take them away from me, and get the gratuity that was allowed.

How long had you been in England? - Two days.

Do you know any body here to give you a character? - I came here with my wife, and since I have been taken, I do not know where she is; I have no other friends; she has acquaintance, I have none; I never was in England before.

GUILTY .

Recommended to mercy.

Whipped and discharged.

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17880109-49

146. ROBERT TURNER was indicted for feloniously stealing, on the 25th of December last, one cloth great coat, value 30 s. the property of Adam Thompson .

ADAM THOMPSON sworn.

I am a wholesale stationer , I live at No. 26, Bush-lane, Canon-street; on the 25th of December last, I lost my great coat from a friend's house in Stepney parish, Mile-end-road , facing the Alms-houses, between ten and eleven in the evening; I pulled it off before dinner, and left it in

the passage, with several others hanging on the pegs.

Was the door left open? - No, it was missed a quarter before ten in the evening; the reason for charging the prisoner is, I sent a servant to fetch a coach to take us home; the coach came before we had finished our supper; it was a very cold, disagreeable night, and my friend was so hospitable he requested the coachman to come in and have a glass of spirits, to refresh him; when we had finished our supper, we called for our great coats; all were there but mine, it could not be found; they said nobody had been there but the coachman; so I took two of my friends with me, and the constable, and the patrol, and examined the coach, and found it in the hind seat of the coach; it is my coat.

Where did you find it? - In the seat of the coach; there is a box under the seat.

How many other coats might there be there? - I think there were three or four more hanging on the same range.

Who went for the coach? - A servant of mine, he is not here.

Were there any questions asked about the coat before you began to search? - We looked all over the house for it.

Were there any questions asked of the coachman? - No, we asked him no questions, but we looked in the coach, and there we found it; my servant that called the coach was sent home again, he knew nothing of this matter; he came back again with the coach, but he went off directly again; that was about half an hour before we had finished our supper.

Should you have put on that great coat? - Most certainly; it was a very cold disagreeable night, and wetted very much.

Do you usually wear your great coat of an evening? - Yes, I always wear it.

How long has that servant lived with you? - Four years.

I want to find out, if I can, whether there is any probability, that your servant might have taken your coat, and put it in the coach? - There was nothing of that to be thought of, for he went away before the coat was missed; this is the coat, it is my property.

PRISONER's DEFENCE.

I have very little to say, I was quite dead asleep, I had been up all the night before, and that day, I know nothing of the coat; if there was a coat in my coach, I know nothing of it; whether the servant conveyed it in the coach, or how, I saw nothing of it till the next day, that the gentleman came and said that it was his coat.

JAMES MACSALL sworn.

I was at the house about ten o'clock; Mr. Thompson's servant came with a coach to take his family; not having done supper, he said the coach must wait; they said it was very cold, and thought it was right to give the coachman a glass of something; he was called to know what he would have, and the gentleman of the house gave him a glass of brandy; when Mr. Thompson was going home, he looked for his great coat, and could not find it; he could not recollect any person had been in but the prisoner, and I went with him to examine the coach, and found the coat in the hind seat of the coach.

Court. It would have been a satisfaction to the Jury, to have been told by the servant that he did not put it into the coach.

Mr. Serjeant LE BLANC sworn.

I have known this man, I believe, twenty years; during that time I always understood him to bear a very good character; he lived, I believe eighteen years, or very near that time, as coachman to Mrs. Le Blanc, an old lady, an aunt of mine, where I was very often during the last part of her life; on her job horses being sent away, he went away; he left her in the course of the year 1784; since that I have frequently seen the man, he has been at my chambers, and I always understood

him to bear a good character, and I believe his master thought so of him.

The prisoner called five more witnesses who had known him many years, and gave him a very good character.

NOT GUILTY .

Tried by the first Middlesex Jury before the Lord Chief Baron.

Reference Number: t17880109-50

147. WILLIAM PECKHAM 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, upon William Finbey , being in the peace of God and our Lord the King, feloniously and wilfully, and of his malice aforethought, did make an assault, and with both his hands and feet, him to and against the ground did cast and throw, and him in and upon the head, stomach, back, belly, and sides, feloniously, wilfully, and of his malice aforethought, did strike, beat, and kick, giving him several mortal bruises, of which the said William Finbey then and there instantly died .

He was also indicted on the coroner's inquisition for killing and slaying the said William Finbey .

ROBERT DINGLEY sworn.

I was present when this affair happened in Church-field, Hackney , with the deceased and others, about two in the afternoon, playing at trap-ball; while we were at play the prisoner and two others came up, and Lepridge, one of the two men, said he would play at quoits; I said I would play five and twenty yards with him for half a crown or a crown, and he said that was out of length, he had not strength to pitch the quoit up; then we left that field and went to another; and as we were going along, I heard the men say they came in, on purpose to quarrel in the ground; so I said to the prisoner, if you have a mind to fight, I will fight you; there was no quarrel at all, the prisoner said he would not fight me, he would fight the man with the pig-tail, which was the deceased; I turned round short, and called him, when he was about twenty yards off, and I said William, he says he will fight you; the deceased said, what will you fight me for? will you fight me for a guinea? the money was made up, and put into a man's hands; and they went to fighting, and fought about the course of twenty minutes; when I kneeled down, to give the deceased a bit of lemon, I saw his countenance was changed.

Had he been knocked down? - Yes, then I turned round and said, the man is dead; the doctor came up, who was just by, and bled him, the man was taken out of the ground, and was carried to his own home; he died on the spot.

Had there been any further provocation between the deceased and the prisoner than you speak of, of any kind? - None at all; the first proposal of fighting came from me; I said I would fight the prisoner; he said he would not fight me, he would fight the man with the pig-tail; I do not know that there had been any quarrel between them before.

Which of them struck the first blow? - I believe it was the deceased.

JOHN ROBERTS sworn.

I was present at the time of this accident; we were playing at trap-ball in the field, six of us; the prisoner and two more came into the field, and mentioned playing at quoits; after that we moved on the other side of the field, this man followed us; as we went along, the word was mentioned about fighting, who mentioned it I cannot say; they purposed to fight, and the money was made good; the deceased asked me to second him, I told him I would do the best in my power; the prisoner struck him a knock-down blow, after fighting about twenty minutes; I saw no weapon but their fists; I cannot say which of them talked first about fighting.

JAMES KAVANAGH sworn.

I was passing through the field about two

on Tuesday the 18th of December ; I saw the prisoner and the deceased taking their shirts off; by the time I got up to them they began to fight; the prisoner knocked the deceased down; he was on the ground, I suppose, half a minute; he got up again, and they fought very fair on both sides; I did not see a foul stroke given on either side.

Was you there when the poor man was knocked down the last time? - Yes, I saw the deceased lay down, and I said to some person that was present, I believe it was the deceased's wife, that it was requisite the man should be taken care of, and carried home, I did not think he was able to stand; he seemed before he received this blow to be exceedingly agitated, in consequence of the preceding blow; when he stood up, the deceased and the prisoner made blows at one another; both the blows took place immediately, and at one time; the deceased fell and lay on the ground; I went up to him, and felt his pulse, and turned round and told the people that the man was certainly dead, in consequence of a violent blow he received on the jugular vein, under the right ear; I look upon it that was occasioned by the violence of the blow on the jugular vein, that caused a rupture that was the cause of his death.

Was the jugular vein ruptured by the blow? - I think it was, I have not a doubt but the blow occasioned his death.

PRISONER's DEFENCE.

This man and I had many words together in the field, and he challenged to fight me for a guinea, and I said I would; about twenty minutes after the money was put down, and then I stripped off my clothes; I shook hands with him, and asked him twice if there was any malice between us; he made no answer, the first blow he struck me was on the shoulder.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880109-51

148. JOSEPH PHILLIPS and WILLIAM ANDREWS were indicted for feloniously assaulting Richard Dale , on the king's highway, on the 7th day of January , and putting him in corporal fear and danger of his life, and feloniously taking from his person, and against his will, a cotton handkerchief, value 1 s. and seven guineas, and one half guinea, his property .

The witnesses examined separate.

The case opened by Mr. Sylvester.

RICHARD DALE sworn.

I am a publican in Oxford-road; on Monday the 7th I was returning home about half past nine; in Russel-street I was knocked down by two gentlemen, as soon as I got up, I saw Mr. Andrews; while I was down my pocket was picked of seven guineas and an half, my handkerchief and a key; I never lost sight of them till the watch came; he was over the way, I charged him to get assistance and take them to the watch-house, for I was robbed.

Did you call watch, or how? - I was so much confused at the time, and the violence of the blow, I do not know whether I did or no; I was knocked down with a fist, they came on my left side; I did not see them till they had done it; they gave me two blows, and when I got up, I saw the gentlemen, they was both together.

How long were they rifling your pockets? - Not above a minute.

Are these the same men? - They have not the same dresses on, I should be glad to see them in the same dresses, I would not wish to swear to them in these dresses; I am quite sure the men I gave charge of were the men that stood by me; I would not say any thing to wrong my conscience.

Were they searched at the watch-house? - Yes, partly searched.

Was you present? - No.

Was any body with you? - No.

Mr. Knowlys, Prisoner's Counsel. Have you ever got your handkerchief or your key again? - No, none of them.

I believe you forgot the handkerchief at Bow-street? - Yes.

Then this handkerchief you never swore you had lost till now? - No.

Are you clear as to the time that this happened? - I am clear to the time, by a person passing by after I gave charge to the watchman.

You say it was half past nine? - I am clear to the time by a person passing by, which I asked.

Where had you been before this happened? - The last place I came from was the Crooked Billet, in Wych-street.

How long had you been at the Crooked Billet? - About twenty minutes, I think.

Where had you been on the morning of that day? - In the morning of that day I had been at Hicks's-hall.

How long did you stay there? - I staid at Hicks's-hall, at the King's-head, while half after six, or seven.

I believe all the business there finishes at four, does not it? - The indictment was thrown out between the hour of two and three; I quitted Hicks's-hall.

Then from the hour of two and three till half past six, you was at the King's-head, amusing yourself with drinking? - I was in company.

How much might you drink between two and half past six? - I did not drink much.

Will you swear that? - I will not swear that I drank none; I must own that I had been drinking, but not drinking so much, but was very sensible of what I did.

Where did you go at half past six? - I went to the King's-head, in St. Martin's-le-grand; I am not clear it is the King's-head; but the person that was along with me kept the King's-head.

That is directly the contrary way to going home? - He was an acquaintance of mine.

Then you had a wet with him? - Yes, we had; we left there about eight, or half past; I cannot be positive as to the time.

Can you recollect where you went after you had been drinking till half past eight, the second wet? - Then we went to the Crooked Billet, in Wych-street.

I should think, by this time, drinking more, you was not very sober? - I was not drunk; we had a shilling's-worth of rum and water among us.

Is that all you drank? - I am not very clear.

How much besides do you think you drank? - I am very positive we had not more than eighteen pennyworth.

How long did it take you up drinking this eighteen pennyworth? - We did not stay there twenty minutes; we never sat down; all the company in the room drank along with us.

Did not the landlord of the Crooked Billet advise you that you was too tipsy to venture yourself out any where else, and that you had better make the best of your way home? - No, I do not recollect that; there was there a broker.

I believe he was pretty drunk too? - I believe he was; he was much drunker than me.

Can you recollect, at this time, who you went out of the house with? - I do not know the person that I went out with; but I did not go with any body; there were three of us in company; two went one way, and me the other; they left me.

Had you ever seen the third man that was in your company? - Never, but that time, in my life.

What kind of man was he? - A lusty man.

Can you recollect where you parted? - I recollect we parted in the house; they went one way, and me the other; I went out of the street door, into Wych-street, and the others went up Holywell-street; I went alone from that house.

Can you tell us what time it was you reached your own house after this charge at the watch-house? - I never went home that night; I was not kept in the watch-house.

What time was it that you left the watch-house? - I cannot be very clear in that; about eleven, I suppose.

Then I should think it is time for all sober people to go home about eleven; however, can you tell us, where you went to, now, at this hour of night? - I went to Piccadilly; I had two pints of porter there, and sat till between two and three in the morning; then I walked about; I went to no house.

Where did you go? - At three or four in the morning I walked about the streets; I was in such a condition, so bruised, I was ashamed to go home.

Then you wished to shew to all the world, when they got up about their business, how bruised you was? - I did not shew any body.

How many hours might you be walking about the streets? - I suppose about four or five hours.

Perhaps you sent home to your own house to tell them what accident had happened to you? - Never, till the next night.

Had not you recovered the evening walk, that you could not go home till the next night? - I got along with some gentlemen that were strangers to the business.

Court. Did not you go home then all the next day? - I went home the next day, about seven or eight in the evening; I sent word about two where I was, and a soldier came down to me in Bow-street.

You say this robbery was committed by two persons? - Yes.

Can you recollect now, at this time, who you first charged? - I only blame Andrews for robbing me; Phillips was in company.

Did not you charge Phillips first, before you charged Andrews? - Never.

Will you swear that? - I dare swear that, I am very clear I never charged him with the robbery; I charged him with being in company.

You charged no other man but this man? - No other.

Which of these men is Andrews? - I do not wish to swear to them in these dresses.

Do you know which of them is Andrews? - The man in the blue coat is Andrews, to the best of my knowledge.

Mr. Garrow. He is wrong.

What is your name in blue? - Phillips.

Mr. Knowlys. After that I will not ask the man a question.

Court. I think you say you did not see the person that knocked you down at the time you was knocked down, or before it? - Never, but when I got up I saw two men; as I got up they were going about a yard or two from me; I charged Andrews for robbing me.

How came you to do that? because, if you did not see either of the men before you was struck, or when you was struck, till you got up again, how could you tell which of the men it was that struck you? - Phillips was not close by me; he was a little before, and when I charged Andrews, Phillips came up very pert, and I said I would charge him for being in company; I was clear that I saw Andrews.

You did not see him strike you? - I did not see him before I had the blow, till I was rising up; there was nobody passing so nigh hand them; and as I rose I saw them.

They did not run away? - No, they did not seem to run, because I had them in my sight all the time.

But they did not offer to run? - The watchman came up directly, and they were taken up immediately.

How many people might be about you when you got up? - Upon my word I cannot say.

Were they as near you as Andrews? - There was nobody near me when I called out.

Why, you said just now you did not know whether you called out or not? - I called out, and said it was Andrews robbed me; when I got up, I saw nobody near me but these two men.

HENRY HEMINGS sworn.

Mr. Dale brought these two men into the watch-house; I am watch-housekeeper, and he gave me charge of one Richard Andrews, for assaulting him, and robbing him of seven guineas and a half, and then he charged one Phillips with being in company with him; the prisoners are the men.

Was he drunk or sober? - He was worse for liquor.

Was he sober enough to know what he was about? - Yes, I think he was; he seemed positive in the matter.

Court. Was not he drunk enough, think you, not to know what he was about; whether he was not so drunk, at that time, no great reliance could he had on him? - He was very much in liquor, to be sure.

Mr. Garrow. How long have you been the watch-house-keeper? - Seven years.

We have heard from Mr. Dale, that you searched these people partly? - I did not search them; the constable searched them.

Did you hear Dale charge any body else? - No, only Andrews; the other was only standing by, in company.

SAMUEL BOWER sworn.

I am a watchman; I was called at half past ten o'clock.

What happened in Russel-street? - At the Piazute there was a number of people; I asked what was the matter? and Dale answered, and said he was knocked down and robbed; I heard no calling out, but seeing a number of people, I went to see what was the matter, and Dale said he was knocked down, and robbed, and said, I give charge of this man, and another man; there was four or five, but he did not give a thorough charge.

What do you mean by not giving a thorough charge? - He said he would give charge of this person, and the other person, but he could not recollect the real person that knocked him down, then he put his hand on my breast, and says, I give charge of you.

Court. Gentlemen, I think we need not go further.

Jury. I think not, my Lord.

Mr. Garrow. I should state, in justice to these men, that we have a great number of very respectable people to their character.

Court. Somebody has seen him drunk, and robbed him of his money, but there seems to be no more reason for charging these two men, than any others.

BOTH NOT GUILTY .

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

Reference Number: t17880109-52

149. ELEANOR HINTON was indicted for stealing, on the 1st of January , one pair of leather boots, value 14 s. a pair of black silk breeches, value 5 s. a muslin waistcoat, value 5 s. one sixpence, and 24 pieces of money, called halfpence , the property of Abraham Abbott .

ABRAHAM ABBOTT sworn.

I know the prisoner very well; on the first of January I was going home to my lodgings; I was accosted by the prisoner in Lincoln's-inn-fields ; of course she prevailed upon me so far to take me to her lodging; when I arrived there, which was between eight and nine, of course she prevailed upon me to go to bed; after I was there, she got up again; the prisoner told me she must get up because she wanted more liquor; she begged of me to let her have a little money to get some; I gave her a few halfpence; she said a quartern of gin would be sufficient for the present; she went down and brought up the liquor; in a little time after she said she must go down again, but would soon return; she was then gone about ten minutes, and of course when she came up again, she said business called her down again; she was up and down different times in the space of a quarter of an hour; I was in bed all

the time; the last time of her going down, she delayed coming up, and I began to be rather suspectful, though I had not the least suspicion before; of course I began to recollect whether my property was safe or not; when I came to look about me, I found a pair of boots, that I had not wore above a dozen times, were gone, and a pair of silk breeches, and a white waistcoat; I got up, and made application in the house as well as I could, but I could hear no ridings of the girl; this was between nine and ten, I thought it was not prudent to make much delay, not having any thing to go home in, I thought it better to leave it till the next morning, I was obliged to go home in the situation I was in, that night; the next morning I went to the house thinking to meet her in bed, to have her taken up, and I found she had left the room about half an hour; I applied to the constable, and found her the next morning in bed, and she was taken into custody; I have not received any of the property, nor any account of it; I am positive nobody but her and me were in the room, during the time I staid there.

Prisoner. Have not you taken a false oath? - No, I never saw her before that night, I am confident she is the same woman; I had been enjoying a friend or two, but I was so sober, I can recollect every circumstance.

JOHN BASNETT sworn.

I am a constable; the prosecutor applied to me, and said he had been robbed; I asked him if he was in liquor; he said he was a little in liquor, but not so much but not so much, but he knew what he was about; he gave me a description of the prisoner and her dress; I took her into custody; I found the prisoner and two more girls in bed, and a man with them; I ordered them to dress themselves, and asked the prosecutor to pick out the person, and he picked out the prisoner.

PRISONER's DEFENCE.

I never saw the person before in my life, I sell cakes; when he came into the room, he was a full hour before he swore to me, and the constable said, going along, if you do not swear to her, you will look foolish at the Justice's.

Constable. That is not true; I said to him, do not you, if you was in liquor, go to take the girl up; he said he knew what he was about; it was nothing in my way to take her up.

Jury to Prosecutor. Was there any light in the room when you went up together? - There was candle-light and fire-light in the room; when she went down stairs, she came up with the candle the first time, but the second and last time she came up without the candle.

GUILTY .

Privately whipped , and imprisoned one year .

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

Reference Number: t17880109-53

150. STEPHEN HITCHCOCK was indicted for stealing, on the 7th of January , one large boiling copper, value 10 s. the property of William Savage .

WILLIAM SAVAGE sworn.

On Monday the 7th, I lost a boiling copper.

ROBERT RILEY sworn.

I was taking in the prosecutor's goods into the shop, it was dusk; I missed the copper, and saw the prisoner carry it away; I took him directly.

GUILTY .

Whipped and imprisoned three month .

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

Reference Number: t17880109-54

151. FRANCIS BOCCI was indicted for wilful and corrupt perjury .

NOT GUILTY .

Tried by the London Jury before Mr. RECRDER.

Reference Number: t17880109-55

152. JOHN BROWN was indicted for willful and corrupt perjury on the trial of Sarah M'Cormick at the Old Bailey .

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17880109-56

153. ISAAC JESURAN ALVAREZ and LAWRENCE JONES were indicted (together with JOSEPH ISRAEL ) for obtaining goods by false pretences .

The case opened by Mr. Silvester.

WILLIAM TAYLOR , senior, sworn.

I am a manufacturer of various articles , I live at Norwich; I have a letter which I received about the 8th of March, I believe it came by the post, I was from home on an excursion; my partners manage the counting-house business chiefly; it came to my knowledge a day of two afterwards, the 10th or 11th.

Had you at any time any conversation with any of these defendants? - No.

Did you after making some enquiry, (which at present we have no right to go into) send any goods in consequence of any orders received; did you receive this letter? - Oh yes; that is my son's hand-writing; the second letter is, London the 13th of March; I had heard Mr. Alvarez of Mare-street, Hackney, was a very respectable man.

In consequence of that credit which you understood belonged to Mr. Alvarez of Hackney, you sent some goods? - No, my partner did.

Do you remember at any time afterwards, any persons coming to you? - I was not at home.

WILLIAM TAYLOR , junior, sworn.

Examined by Mr. Knapp.

Are you in partnership with the last witness? - Yes; I received this letter, I can hardly recollect whether it was by the post or not, but here is a post mark upon it; the post frequently delivers letters at our house, I might be at the door and take it in.

In consequence of receiving this letter, what steps did you take? - In consequence of receiving this letter, I wrote a letter to Messrs. Storey and Alderson at London, to enquire the character of Mr. Alvarez of Hackney, who I conceived to have applied to us; in consequence of the letter I wrote the 19th, in consequence of the first letter; we received for answer this, which is now in my hand.

What step did you take in consequence of having a good character of him? - We put in hand these orders that were sent us, and prepared these calimancoes which were sent for, and sent them away.

Then you formed an opinion that Mr. Alvarez was a respectable person; to what amount did you send? - About one hundred and eighty-three pounds ten shillings; they were calimancoes, and some sattinets.

Court. You sent goods in, conceiving Mr. Alvarez of Hackney to be a man of credit? - Yes.

Did you send these goods as to Mr. Alvarez of Hackney? - We meant to give credit to Mr. Alvarez of Hackney, conceiving him to be a man of credit.

William Taylor , senior. Here is the bill of parcels.

(Shewn to the witness.)

These are the original ones; these are my writing.

Mr. Fielding, Prisoner's Counsel. When was it written? - I do not know; this was a copy sent to my father in London.

Copied out of your book? - Yes.

Then you may put them back again.

Jury. I only want to ask to whom the goods were directed when you sent them up to London? - The letter with the bill of parcels, were directed,

"To Isaac Jesuran Alvarez , at the Antigallican Coffee-house."

Mr. Fielding. The direction was to the Antigallican Coffee-house? - Most of the directions of the letters were so.

Then the direction of the goods probably followed, the direction of the letter? - No, this is the direction, the goods had only a mark; the letter was directed,

"To Isaac Jesuran Alvarez , at the Antigallican Coffee-house."

Court. What Isaac Jesuran Alvarez do you mean? - Isaac Jesuran Alvarez of Hackney; whose direction in London, we conceived to be at the Antigallican Coffee-house.

Mr. Fielding. Have you any books here? - We have none.

Have you any abstract from the books of the person whom you credited with the goods? - I have a copy from the books.

Mr. Garrow. Here is the letter which accompanied the goods; look at that.

(Shewed.)

This is my letter.

That is your hand-writing? - Yes.

Is that the letter of advice that was sent with the goods? - No, this is the last letter, with the account of the prices of the goods.

HENRY DEFREZE sworn.

Take the letter in your hand; you know the defendant Isaac Jesuran Alvarez ? - Yes, I cannot say how long I have known him.

Did you ever see him write? - Yes.

Look at the signature? - I verily believe it to be Mr. Alvarez's hand-writing; I do not know whose hand-writing the other part is.

Mr. Fielding. How long is it since you have seen Alvarez write? - I cannot say, it may be six years, or it may be less; I cannot recollect.

Are you prepared, in the first place, to say that is his hand-writing? - Yes, Sir, I verily believe it is his hand-writing.

(Read.)

"London, 8th of March, 1787; Mr. William Taylor , Norwich; signed Isaac Jesuran Alvarez . - Sir, by the recommendation of Mr. Samuel Spurgeon , being informed that you are the manufacturer of calimancoes, and having an order before me of the same, should be glad to favour me, by the return of the post, to let me know the lowest prices; and if I should find them agreeable to my correspond (it is blotted at the end) I will honour you with my commands; and as I am a stranger to your house, you may enquire of the solidity of my firm at the Royal Exchange, or else wher at my place of abode, in Mare-street,

Hackney. Please to direct to me at the Antigallican Coffee-house, Royal Exchange. I remain your humble servant, Isaac Jesuran Alvarez."

Court to Defreze. You mean then to say that the signature of this letter is his handwriting? - Yes.

Not the body of the letter? - No; I do not know whose hand-writing that is.

"London, 13th March, 1787; addressed to Messrs. William Taylor , Son, and Casoneive, Norwich. - Messrs. Taylor and Co. Norwich. - Gentlemen, Your's of the 9th instant lays before me, and should have answered the same before, but the many commissions in hand has prevented me; therefore have put my order for fifty pieces at thirty shillings per piece, and fifty pieces at forty shillings per piece; by sending the above, you may draw on me at the usual credit, directed to the Antigallican Coffee-house, Royal Exchange, where your bills will meet with due honor: your answer by return of the post, will oblige your humble servant, Isaac Jesuran Alvarez."

To Taylor the younger. You said the letter shewn to you, was the letter written to Mr. Alvarez; who wrote that? - I wrote that.

(Read.)

"Norwich, 9th November, 1787; Mr.

" Isaac Jesuran Alvarez , we are favored

"with your's of the 8th inst. and I inclose

"you a pattern of calimanco, which will

"cost you 30 s. the piece of eighteen inches

"thirty yards, payable in six months,

"or put three per cent. discount; the

"lengths and breadths may be varied at

"your pleasure, and the price in proportion;

"the finer go up to forty; we are

"happy in the prospect of further mutual

"concerns; and are, Sir, your humble

"Servants, William Taylor , Son, and

"Casonneive."

Addressed to

"Mr. Isaac Jesuran Alvarez,

"at the Antigallican Coffee-house,

"London."

Mr. Garrow. We have many other letters of the writing of Alvarez; there are many of them that are unimportant, but we wish to prove they are the original letters, because Mr. Hicks has the rough draft of them; they are not stated in the indictment; there are some of them which we want to read. (Shewn to Mr. Defreze.)

Defreze. Here are many little differences which I think are owing to the pen; I verily believe them all to be the signature of Mr. Alvarez.

Look at that? - I cannot swear to that, I cannot say I believe it; I do not think it is.

JOHN TIPLADY sworn.

Our business is carried on in Lawrence-lane, Cheapside; I enquired after Mr. Alvarez; I was desired to make that enquiry in a letter received from the house of Messrs. Taylor and Co. I received a very favorable answer; I enquired after Mr. Alvarez of Mare-street, Hackney.

Mr. Fielding. I take it for granted, in consequence of this desire for you to enquire, you very soon found there was a Mr. Alvarez, very well known, and of great reputation? - I did.

You was perfectly well satisfied presently, you made no other enquiry? - None at all.

ISAAC JESURAN ALVAREZ sworn.

I have resided in Mare-street, Hackney, all my life-time, but I certainly never had any engagement with Mr. Taylor, at Norwich, never heard of their name till this affair; I never wrote to them in my life; this is not my hand-writing; I never received any goods from Mr. Taylor of Norwich, nor any letter from them.

You have the misfortune of knowing this defendant? - I have.

Do you know his hand-writing? - I cannot say I do, I have seen it.

Having lived in Hackney all your lifetime, is there any other gentleman there of your name? - Not to my knowledge.

Mr. Knowlys. You do your business at the Rainbow Coffee-house, I believe? - I attend there, and have done business there all my life-time.

Court. You know of no other person carrying on trade by your name, to your knowledge? - There was a person that I heard of the same name carried on business, and it made me extremely unhappy on that account; I caused an advertisement to be inserted; that was some years past.

Did you happen to know whether that person resided at Hackney? - He took lodgings there.

Who was that person? - The now defendant; he, and he alone; as he had lodgings at Hackney, I took all the pains in my power to inform the public of it; I do not myself know when he took lodgings at Hackney.

Mr. Fielding. Is Mare-street, a long street, or a short street? - A long street.

A vast number of houses there of course? - Yes.

Has the defendant ever lodged or lived at Hackney before this time? - He had a house in Mutton-lane, Hackney.

ELEANOR ROBERTS sworn.

I live in Mare-street, Hackney, I have lived there a twelvemonth the 25th of March next.

Then you did not live there the 8th of March last? - We went on the 25th.

You have not yet been a twelvemonth? - No.

Do you know that gentleman with the handkerchief to his mouth? - Yes, very well; a woman that passed for his wife, came and took lodgings of me about the middle of April.

When did you first see him? - About a week after the room was taken; it was a furnished back parlour.

What rent did he pay you? - Six shillings a week; they slept there sometimes when they chose.

Had he any ware-house there? - No.

Any compting-house? - No; his compting-house was in Token-house-yard; he kept the lodging till after the many advertisements were out against him, that was either the 21st or 22d of July; July; but the last that I saw of him was at our house.

Was he much there? - Yes, he came sometimes four or five nights in a week, and sometimes he did not.

Did he tell you at any time what he wanted that lodging for? - I never enquired; he paid me every week; I gave them warning, and he said, he should not quit it, for he meant to keep it on, and to pay his rent; I dare say it was two months before they went.

Did he appear to be a man of large property, that carried on a great trade in Mare-street? - No, the woman said, they carried on no trade, but lived on what they had.

Had you any talk with the woman while the man was by? - Not of any consequence.

Did you ever hear the woman say in his presence, whether they carried on any business? - I did not.

Did he pay for all the lodgings when he went away? - They paid all but one week, and came afterwards and paid that, but they took away the key, and have got it now; I may have seen the other gentleman, but I cannot be sure; I know the other Mr. Alvarez; he lives in the same street; I know the gentleman very well.

Mr. Fielding. You had not the less respect for the man that came to lodge with you because he was of the same name? - The woman said their name was Alvarez, being a Christian name, I did not think he was a Jew.

WILLIAM HICKS sworn.

Mr. Fielding. Are you a Christian, or a Jew? - A Christian.

What are you now? - A hair-dresser.

Do you know Mr. Alvarez that stands near you? - Yes, I have been acquainted with him, ever since January was a twelvemonth; I have known Mr. Jones some time in May; he lived in Plumb-tree-street, St. Giles's.

Did he carry on any business there? - Not that I know of.

What was the nature of your engagement with him? - In the beginning of January, I was in want of 30 l. which was all the money that I recollect I owed in the world; it was in different debts; they kept coming to me for the money, and it was not in my power to pay them; I thought I would endeavour to apply to a friend of mine to get the money; I applied to Alvarez; I then desired him to step over the way to the public-house with Mr. Pearce, I went after; he said, if I would open my breast to him, undoubtedly he would supply any sum I wanted, for he was employed by a young gentleman just come from abroad with a great deal of money, to get in good tradesmens' bills, to put into a banker's hands; I told him, I only wanted thirty pounds; he asked me, if I did not want more; he said, I cannot take more than five per cent. but what you chuse to give me more; he drew on me two bills; one for fifteen pounds for six weeks, and the other, sixteen pounds for two months.

Was you employed either by him or by Jones? - He told me, that he from his infancy was brought up in the mercantile line, and he could get goods and make cent. per cent. by them, and if I would attend him, and do business for him, to go to the coffee-house for letters, and so on, I should have shilling for shilling with him; I told him, I would consider of it, and let him know the next day; I met him the next day; he said, he would be bound in the course of four or five months to clear 2000 l. I said, I must neglect my business; says he, d - n your bu- business, never mind that; I told him, I would attend him; he said, there was an old clerk of his who had promised to meet him in the Minories; we went down to the Camel in the Minories.

What day was this appointment to meet in the Minories? - It was in the beginning of March.

Had any thing material passed from January to March? - No, he asked, when he went into the Camel, if a Mr. Israel was there, as had formerly been his clerk, and they told him yes, there he was, pointing to the box; he introduced us, we sat down, and the first word was, Alvarez said, Israel, have you got any directions? says Israel, yes, I have, and he took out of his pocket three or four bits of paper, with writing upon them, such as names, very dirty, as if they had been in the pocket for a twelvemonth.

Court. Is this Israel indicted? - Yes.

By what name? - By the name of Joseph Israel .

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

Reference Number: t17880109-56

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 Country of Middlesex, HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 9th of JANUARY, 1788, and the following Days;

Being the SECOND 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 II. 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.

PRICE SIX-PENCE.

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 Isaac Jesuran Alvarez , Lawrence Jones , &c.

Do you know what Israel's name was? - Joseph; Alvarez looked at them; this will not do; says he, that will do; this will not do; you know it will not; why do you offer it to me? at that time there were three directions pitched on which would do; then Alvarez said, now for business, and they called some man who was known in the house to go out and get some post paper; the man went out, and came back with common paper; Israel was in a great passion, and he went; he came back with some post paper, and a new pen; he asked if we could have a private room? they said no, every room was engaged; says Israel, I know a house just by here, where we can have a private room, which was in the Minories; I do not know the sign, a little lower on the other side of the way; we went, and they shewed us into a little room, where there was nobody but Israel, Alvarez and me, and a little girl toasting a bit of bread; then the three papers were produced, one of which was Mr. Taylor's, and another gentleman at Norwich, but I forgot the name.

Hervey? - It was Richard or Robert Hervey ; and the other was to go to France for indigo, to the best of my recollection; I will not be positive; then Israel he began writing; and on the conclusion of the letter he asked Alvarez what kind of direction, and to what coffee-house, and how he must refer himself to Mr. Taylor? Alvarez said, that we must consider on; Israel said, he was that day at the Antigallican coffee-house, and was there some days before; and that a very few Jews went there; says Alvarez, that is the very coffee-house that will do; then about referring himself to his character; he said, as to Mr. Alvarez, you know he is well known on the change; tell them to enquire there, or any where else where they like, and he said, that was the way he referred before; Alvarez said so, and to tell him my place of residence is Mare-street, Hackney; this was just at the conclusion

of the first letter; Israel immediately made answer to it, then by God you must get a lodging there.

Was his place of residence, at that time, in Mare-street, Hackney? - No, it was not; I think it was up at Goodge-street, Queen-Ann-street, not in Mare-street; Alvarez answered to it, you d - n'd fool, I intend it; I will go over there the first opportunity I can get to go; then the three letters were finished, and they were taken and put into the post-office.

Who wrote them? - Israel wrote them, and Alvarez put his signature to them.

Look at this, and tell us whether it is one of them? - This is one that was sent to Taylor.

What was the next thing that happened as far as relates to Taylor's business? - About three days after I went to the Antigallican to look for the answer; I will not be sure whether the answer came on the third or fourth, but we had two letters; they both came from Norwich, with patterns; one was from Mr. Taylor; Alvarez was waiting at some public house, just by, while I went to the Antigallican; I took the letters to him; he opened them, and said, it was damned good luck; then he said he would go to Israel; he shewed me the letter, and he approved of the patterns very much; he said they were very fine; the evening drawing very near, and Alvarez requested Israel to meet him at the Crab-tree, the corner of Percy-street, Tottenham-court-road, the next afternoon, to dine there; I was to be there too; Israel came, and I met him; there were rump stakes for dinner, for Alvarez and me; Israel could not eat any flesh, so there was some fresh salmon for him; when dinner was over, Alvarez told Israel he should have a shilling down for every letter he would write, as many as he would, and he wrote three or four more the same evening, one of which was the order to Mr. Taylor; he wrote it, and Alvarez signed it; that is the letter that was sent by the post; he had not yet got any lodging in Mare-street; two or three days after that, Alvarez wanted me to go with him to Hackney, to endeavour to get a lodging for him; I went with him to Hackney; but before we came there, says he, I will shew you my cousin's house; there will be a house, when you come to see it, such a house as you have hardly ever seen; when we came quite upon it, says he, this is it, look! look! and it certainly is a very genteel house; says he, stand against me, that he may not see me as I go by, so I stood and he went by me, and held down his head; when we got past the house, says he, is not it a very fine house? yes, says I, a very fine house! says he, a d - n'd old rogue! that ought to be my house! I hear he is very ill with the gout, but d - n him, I hope he will not die; I am gone at once if he dies; then he came just beyond Mr. Alvarez's house, there he begged me to go down Mare-street to see if I could see any lodgings; this was after the order, near a week; because he did not like to be seen in the street, for fear his cousin should see him; I went up, and saw, at a tallow chandler's, lodgings to let, and it was furnished; that would not do, and we went up, as far as I thought Mare-street went; I could not see any; I came, and told him; God, says he, I must have one; he begged the favour of me to go up and down again, and look attentively, for I must have one; if it is at a public house I must have one; I went up and down again, and could see none but this; it was unfurnished; I informed him, and we left Hackney, and found none; some few days after that, Israel, Alvarez and me went down to Hackney again, and we missed Mr. Alvarez's house; and we came home; he said he would send his Bet that lived with him, for he would be d - n'd if Bet did not get him a lodging; Bet got him a lodging some weeks after; when the lodging was taken he seemed happy and easy; some time after that Mr. Robins wanted the apartments; and desired Alvarez to get other lodging; Alvarez was down there

frequently some time after that; he desired me to attend him very closely, because business was at the heighth; I had seen Alvarez at Mr. Robins's frequently.

Did Israel go down there at that time? - Israel went there sometimes; he wished me to take a lodging, because business was at the heighth, and required to be watched.

When had he first the compting-house in Tokenhouse-yard? - That was after the order sent a good bit; it might be a month, the quarter would have been up the 16th or 17th of August; about the middle of May the place in Tokenhouse-yard was taken; he had been looking out some days for a compting-house, because he said he would have a better appearance; Mr. Cohen shewed him one, she did not like that; and he shewed him another, which was No. 19 in Token-house-yard, he went in and agreed for it; in the latter end of April, or the beginning of May, Mr. Taylor's goods came up; about the 25th of April they came to the Bull-inn, in Bishopsgate-street; we had the invoice of them, there were so many pieces to be up such a day by the London Carrier; the invoice came to the Antigalican Coffee-house; when Israel saw the letter, that the goods were come up, says he, I will go and look at the road-bill, and I can tell whether they are come up or not; Israel and me went to look at the road-bill; Alvarez did not go with us; we found the goods were coming, we went to the Bull-inn to know if they were come; and they said yes; they were taken to the Goldsmith's Porter's galley-key; then Israel gave me orders to go and receive them, they were for exportation, and the desire to Mr. Taylor was, that they might be sent there, they were going by another ship.

(The letter read, No. 5.)

"Dated the 26th of March; signed Isaac Jesuran Alvarez , - Gentlemen your's of the 22d is not come to hand, and as my orders are rather in a hurry, shall be glad if you will send me what you have ready at present, as there are ships ready to go to Hamburgh, and if you chuse, you may draw upon me for every parcel remaining: Gentlemen, your's, Isaac Jesuran Alvarez ."

"Postscript. Be pleased to direct my bills at the coffee-house, where they shall be duly honoured."

"Messrs. William Taylor , Son, and Co. Norwich; 18th April, 1787. - Gentlemen, the orders of the 16th instant, is duly come to hand, and if you can send me four-score pieces by Friday next, send them to Goldsmith's Porter's warehouse, as I have more articles going to the same port; please to mark them R. T. and Co. No. 1; your answer per return of post, will oblige, gentlemen, your humble servant, Isaac Jesuran Alvarez ."

This is a rough sketch of that letter; some of it is the hand-writing of Israel, and some of Alvarez; me and Alvarez went to Goldsmith's key, and got the goods delivered; Alvarez went to the public-house, I went to get the goods, and pay the man for the warehouse room; I told the man that Mr. Alvarez expected more; I followed him, Alvarez came out and saw them, and he said I am d - n'd glad you have got them, because he was a little afraid of not getting them; now says he, let the man not take them to your house, but the porter shall take them a little way, then we will put them into a coach; they asked me if I knew any body near there; I told them I knew a housekeeper in Newgate-street; they were taken there; we paid the porter two shillings, and they were carried to my house; some few days after that, or near a week, another parcel of goods came.

None of these were carried to the compting-house? - No, we had no compting-house then, I rather think we had lodgings in Mare-street, but I am not sure; they did not go there, I believe the second parcel was carried to my house; then Alvarez

wanted to know how to sell them; he asked Israel if he knew any body; says Alvarez, sell them to any body, but do not sell them to the Jews; Alvarez took out a couple of pieces, one was a coarse piece, the other was a fine one; we came together to try to sell them, and the first house we came to, was Mr. Jones's, in Great St. Helen's; we went there with two pieces for patterns, and asked what he would give for them; Mr. Jones and he discoursed together for the best part of half an hour, in a kind of languge that I did not understand; they usually did talk English; then Israel came out to me; Mr. Jones was then in the compting-house; Israel came in and said he would not give any more than fifteen shillings a piece; Jones was not there.

Did you ever mention that conversation either to Jones or to Alvarez? - Jones himself told me, he came out into the front room, and said that they were not goods saleable in England; that he would not give more than fifteen shillings for the coarsest sort, and a couple of shillings a piece extra on the finer sort; or seventeen shillings or eighteen shillings, I cannot say which; I told Israel I did not think Alvarez would sell them at that reduced price; he said why you hear what the captain says, that is Jones; Israel said, as these were the first, Jones must give two guineas for them, which he did; we returned to Alvarez, and told him, that they were not goods saleable in England, and that we could not get any more than fifteen, sixteen, seventeen, or eighteen for the fine, but had got two guineas; he said it was next door to throwing them away; but in two days after, Alvarez said he would take them down, and that the man should have them at the same price; he did not know where they were going that I know of; one of them them went with me, and the other was waiting for me to come with the remainder; he came to the Blue Anchor with a coach, and there was Israel or Alvarez, and a girl waiting, and Israel told me, as I knew where he went with the other, I should go to the same place, and I went to the captain's; Mr. Jones was not at home; I waited, Jones came home, looked at the goods, calculated them up, and to the best of my knowledge, they came to thirty pounds, at fifteen and seventeen or eighteen shillings, I cannot say which, at Jones's own price; it was then late in the evening; Jones said the bankers were shut up, he did not know where to get the money, begged I would call again in the morning; Alvarez d - nd me shockingly for leaving them without the money, and bid me go back for them, I went back.

Did Alvarez know with whom they were left at that time? - No, to the best of my recollection he did not; Israel precautioned me not to tell Alvarez who had bought them; I went back again to Mr. Jones, and told him not to leave the goods without the money; then he said I must take the goods away; upon which I took them away; he said I might bring them again any time in the morning, and I should have the money; I took them in a coach to my own house; the next morning we got up pretty early, and I came to that public house, and I was to go with them as before; I went to Mr. Jones's with the goods; Jones counted them over to see if they were the same pieces, and paid me 30 l. 20 l. in two bank notes; I took the money to Alvarez and Israel, who were at the Blue Anchor; the next day Alvarez said to me, tell me who bought the goods; did not Captain Jones buy the goods? yes, says I, he did; he wrapped out a most precious oath against old Israel, and called him every thing but what was good, because he sold them to a Jew.

What was the time that the goods were sold to Jones? - It was about the middle of May.

Court. Did Jones purchase any more of Taylor's goods after this? - Yes, after Alvarez knew that Captain Jones had bought the goods, he said he would be d - d if he would not go to him himself the next time; accordingly, the next parcel

that came, Alvarez desired me to go to Jones's, and I went to him; that was about the middle of May; his original wife was there, in Skinner-street; Mr. Jones came to Skinner-street and agreed for one bale; Alvarez told him he thought he bought the goods too cheap; Jones told him they were not goods saleable in England, and he would not buy them if he had not others to send abroad; says Alvarez, I bought them for exportation, but as you are going to send them abroad, you shall have them, and send them; Jones bought them at the same price as before; one bale was carried into Skinner-street, and I think, to the best of my recollection, there was a bale of the goods carried from Jones's house to the quay; all the goods, excepting four or five pieces, which Alvarez had pawned (he sold the duplicates off to some body else) all the rest were sold to Jones.

Tell us all the conversation that passed between Jones and Alvarez, at any of their meetings, either about the goods, or place of residence, or any thing of that sort? - When Mr. Roberts wanted Alvarez to leave his apartment, Alvarez came to the compting-house and told me of it, and by and by came Jones; that was in Tokenhouse yard; he informed Jones, Roberts wanted him to quit his apartment, but says he, I will be d - d if I do.

In what words did Alvarez inform Jones of that fact? - He told Jones, Roberts wanted the apartments, but I will be d - d if I will; would you have me leave it and take another, or else I shall be blowed up; says Jones, no, to be sure not, for if you do, it will be a rank fraud, and if not, by keeping of it, as your name is Isaac Jesuran Alvarez, and living at Hackney, the Devil could not hurt him, or nothing could hurt him, or something of that sort; I think he said, Jones, would you advise me to quit that, or to take another? the Captain said, keep that to be sure, you d - nd fool.

Was this conversation prior to the delivery of any of Taylor's goods to Jones? - I think some were delivered, and some after; I think they were some sattinetts.

Are you sure that there were any goods that were delivered after that to Jones? - Yes, because it was shortly after Alvarez was at Mr. Roberts's.

Mr. Garrow. I understood you to say, that all the goods that came to Mr. Taylor, with the exception of two or three pieces, which were pawned by Alvarez, were sold to Jones? - They were.

Do you remember any other conversation of Jones with Alvarez, or any body? - I heard Alvarez ask Jones, if he could put him in any method, if in case Mr. Taylor was to find out that he sold the goods in this country, instead of exporting them, that he should tell him how he should conceal himself from any harm.

Then Jones knew they came from Mr. Taylor? - Undoubtedly, towards the latter end he did, but not at first.

Have you seen Mr. Jones lately? - I saw him this morning; Jones told Alvarez, to the best of my recollection, that there was no other way, unless Alvarez had a correspondent abroad, to send him a blank letter.

What is the meaning of a blank letter? - Alvarez said he had not any body, and asked Jones if he could procure him one; Jones said he would see about it, but I do not recollect that he did promise him he would.

Court. That is a fraud that is not practised? - That letter was to be filled up according to Mr. Taylor's proceeding against him, to specify that the order was countermanded from abroad.

That was the Captain's ingenuity? - Yes; I went to the coffee-house one day, and I brought back a letter; I took it to Alvarez, at the compting-house; as soon as I gave it him, I began scribbling on the desk, and Alvarez wrapped out a very bitter oath, why, G - d d - n your eyes, why, says he, they have sent me a blank letter, they might have had the politeness

to have put their names into it; I thought he was going to destroy the letter, then he said, G - d d - n me, it is that sweet fellow, Jones.

When did you get that letter? - I cannot say exactly; I believe it was some time in April; Alvarez put up the letter, and by and by came Israel to the compting-house; he told Israel the captain had sent that letter, that it was a foreign letter; Israel looked at it it, and said, it was his son's writing, and it was well written; by-and-by Jones came, as he frequently did, came to enquire after some direction; he said, if any thing comes, there will be no dispute, and Alvarez would have one share, and Jones another, and Hicks and Israel a third between them; Alvarez shewed him this blank letter, and Jones said, I am better than a father to you, but he did not say he sent the letter; I was arrested by Alvarez, when he was taken up with Jones for 50 l. Jones come to the spunging-house, and seemed surprized, and d - nd Alvarez for doing it; at that time, he asked me what I said at the Grand Jury; I said, I told them what price I gave for the things, he said, that was right, and he would go down to Alvarez and get my discharge the same day, which he did on the Thursday, and came there on the Monday, and said, he was sure nothing would have happened of this sort, had not the stockings at Leicester been traced to his warehouse; Jones was bail for me once before; I had no acquaintance with him, only knowing him while I was with Alvarez, and had been at his house several times.

To what purpose did you to go to Jones's house? - Because the directions that Jones gave, Jones did not like them to be carried up to Alvarez to sign, and I went with them mostly; a great while after I had been to the Grand Jury, when Jones had been bail as above for me, he took me to the Oxford Tavern, and he asked for a private room; we went into a room, not a private one; says Jones, this is a rough draft of what I wish you to say on the trial, which you will see to be nothing but the truth; I told him, I would speak the truth for him as soon as for Taylor, and for Taylor as soon as for him; he read the paper to me and put it into his pocket; I desired him to let me have it to look over; he gave it me, and said, put it into your pocket; I drank some punch, and as we were going away, Jones said, now you can swear that with great safety, it must be done to night; says he, we will go into a public-house; we went into a public-house, but there were so many people, we could not get room to sit down; says he, swear it, and what you and I do not like afterward, you and I will go and scratch it out; and then afterwards he gave me a copy, and he was called out, and went away; this is the copy, I had it delivered to me.

Court. What induced you to make discovery in July? - He was going on so very desperately, I thought it was of great consequence to myself; there was no quarrel between us.

Mrs. Wright proved Alvarez taking a compting-house about the 20th of May; Hicks and another person was with him, and he referred her to Messrs. Jones and Co. at No. 17, in Great St. Helens.

Mr. Heward deposed, he saw Mr. Jones by the last witness's desire, who told him he knew Alvarez, and sold him goods, cochineal, to the amount of 70 l. 80 l. or 100 l. and believed him to be a man of credit, and would trust him with 10,000 l. and he gave him Alvarez's name on paper.

Mr. Fielding spoke on the part of Jones, and Mr. Knowlys on the part of Alvarez.

ISAAC JESURAN ALVAREZ, GUILTY.

Judgment respited till the next indictment is tried .

LAWRENCE JONES , NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: o17880109-1

WILLIAM MORRIS , tried in July Session, whose Case was reserved, was put to the Bar, when Mr. BARON PERRYN delivered the OPINION of the JUDGES as follows:

THIS was on an indictment against one Sadi, as a principal for a felony, in stealing, in the dwelling house of Stephen Sullivan , Esq; two bank notes, each of the value of 200 l. laying them to be the property of the said Stephen Sullivan , Esq; and the same indictment charged the prisoner, William Morris , as accessary after the fact, for receiving the said bank notes, the same being the property and chattles of the said Stephen Sullivan , knowing them to be stolen: and there was another count against the said William Morris , for receiving, harbouring, and encouraging the said Sadi to do and commit the said robbery. The trial came on in July sessions; and the Jury found Sadi, the principal, guilty of stealing the notes, and William Morris , on the first count, of receiving the notes, knowing them to have been stolen, but acquitted him on the count for receiving the felon. On this conviction, the council for the prisoner, William Morris , moved in arrest of judgment, on two grounds: first, on the variance between the count against the principal, wherein the notes are charged to be the property of Stephen Sullivan , and the count against the accessary, wherein they are charged to be the property and chattles of Stephen Sullivan : The second objection was, that receiving notes was not within any act of Parliament, which makes receivers accessaries after the fact. The case was reserved by Mr. Rose, and referred to all the Judges; and, on a conference had by them, on the first day of Term, they directed the counsel for the prisoner to be heard; and, on the 14th of November, the case was argued very much before ten Judges, by Mr. Knowlys: with respect to the first objection, the Judges thought, that the word chattles, in the count against the accessary, might be rejected as surplusage: With respect to the question, whether the receiving notes, knowing them to have been stolen, was, or was not, within any of the acts of Parliament &c.? has occasioned a different opinion among the Judges; the receiving stolen goods, knowing them to have been stolen, was only a misdemeanor at common law: A receiver of stolen goods makes not an accessary, unless he receives the thief himself, or takes a reward to favour his escape. This is laid down in a variety of authorities: in Hawk. 319. in Stamf. Pleas 41. Steel 91. 2d Institute 83. Crook Eliz. 688. in Hale's Pleas of the Crown 619 and 620, he says this: If A. has his goods stolen by B; and C. knowing they were stolen, receives them; this simply of itself makes not an accessary: and therefore it has been often ruled, if I. S. receives stolen goods, knowing them to be stolen, it is not actionable, because it imports not a felony, but only trespass and misdemeanors, &c. and the bare receiving stolen goods, knowing them to have been stolen, makes not an accessary, for he may receive them for the true owner. - Thus it stood at common law previous to the 3 & 4 W. & M. ch. 9. and which enacts,

"that if any person shall buy and receive any goods and chattels, that shall be feloniously taken, he shall be taken and deemed an accessary to such felony, after the fact," &c. By the statute of 5 Ann,

c. 31. sec. 5. it is enacted,

"that if any person shall receive any goods or chattels, &c. knowing them to have been stolen, shall be taken as an accessary, and being legally convicted, shall suffer death as a felon convict;" these acts against receivers, mention goods and chattels only, and do not extend to choses in action, as bank-notes are, which are not made chattles: in Cabe's case 8. Croke 32. Elyerton 68. 1 Burrow 457. Lord Mansfield lays it down in the case of Millar and Rase, that banknotes are not to be considered as goods and chattles; they are to be taken, as money, and certainly are passed as money only; and until the beginning of the reign of his late Majesty, a felony must have been of goods and chattles; to remedy this, the statute of 2 Geo. 2. ch. 25. by which it is enacted,

"that if any person shall steal any exchequer order, bond, bank note, &c. notwithstanding the said properties are termed in law, choses in action, &c. it shall be construed felony, in the same manner, as if the offender had stolen, or taken away by robbery, any other goods of like value, &c. and such offender shall suffer such punishment, as he should or might have done, if he had stolen such goods, &c. Now it is observable, that in this act, no mention is made of the accessary; but where the act of parliament makes a felon, it does incidentally make such accessaries, as would before or after be accessaries at common law: (see 1 Hale 613. 4 & 5 W. & M. 5 Ann, and 5 Geo. 2.) in the consideration of this cause, what is mentioned by Foster in his Report 373. appears very material; that by the statute of Eliz. 12 & 13, in the case of horse-stealing, clergy is taken away, &c. not to such as were made accessaries by subsequent statutes; and therefore the person knowingly receiving the stolen horse, is not ousted; and this he says was agreed on in a conference, &c. In this case, therefore, the majority of Judges are of opinion, in which I concur, for the reasons I have already mentioned, that the second objection taken by Mr. Knowlys, the prisoner's counsel, was well founded; and, as the Jury have acquitted him on the first count, and only found him guilty on the second count; the Judges are of opinion, that judgment must be arrested; and in consequence thereof, the prisoner must be discharged .

Reference Number: s17880109-1

The Session being ended, the Court proceeded to pass Sentence as follows:

Received Judgment of Death, 9, viz.

Thomas Tuck , Daniel Gunter , James Belvin, Robert Fossett , John Burne , George Green, James Francis , Thomas Collins , Robert Watson.

N. B. Sentence of Death on William Ludlam was postponed till the next Sessions, he being sick.

To be Transported for fourteen years, 3, viz.

James Sharrard, William Annand , Grace Maddocks .

To be Transported for seven years, 20, viz.

George Young , David Latham , Mary Smith , Thomas Vobe , Jane Williams otherwise Jane Dickers, Elizabeth Leicester , Susannah Stewart, Jonathan Barrett , Sarah Roberts , Sarah Wilson , Mary Simpson, Margaret Morgan alias Mary Jones, John Wilson , James Vaughan , William Thomas , Elizabeth Roster, John M'Kenzie, Thomas Ipey , John Langford, Samuel Steele .

To be imprisoned one year, 4, viz.

William Merchant , James M'Cullock, Samuel Charmbury , Eleanor Hinton .

To be imprisoned six months, 2, viz.

Thomas Williams , Daniel Kinslow .

To be imprisoned two months, 2, viz.

Henry Simmonds , Stephen Hitchcock .

To be whipped, 9, viz.

John Pearson , Henry Symonds , Thomas Williams , Daniel Kinslow , Samuel Chambury , Bernardus Florio, Stephen Hitchcock , Samuel Chesham , James Nelson .

Judgment respited on John Hitchcock , and William Howe alias Howard.

Reference Number: s17880109-1

WILLIAM MORRIS , tried in July Session, whose Case was reserved, was put to the Bar, when Mr. BARON PERRYN delivered the OPINION of the JUDGES as follows:

THIS was on an indictment against one Sadi, as a principal for a felony, in stealing, in the dwelling house of Stephen Sullivan , Esq; two bank notes, each of the value of 200 l. laying them to be the property of the said Stephen Sullivan , Esq; and the same indictment charged the prisoner, William Morris , as accessary after the fact, for receiving the said bank notes, the same being the property and chattles of the said Stephen Sullivan , knowing them to be stolen: and there was another count against the said William Morris , for receiving, harbouring, and encouraging the said Sadi to do and commit the said robbery. The trial came on in July sessions; and the Jury found Sadi, the principal, guilty of stealing the notes, and William Morris , on the first count, of receiving the notes, knowing them to have been stolen, but acquitted him on the count for receiving the felon. On this conviction, the council for the prisoner, William Morris , moved in arrest of judgment, on two grounds: first, on the variance between the count against the principal, wherein the notes are charged to be the property of Stephen Sullivan , and the count against the accessary, wherein they are charged to be the property and chattles of Stephen Sullivan : The second objection was, that receiving notes was not within any act of Parliament, which makes receivers accessaries after the fact. The case was reserved by Mr. Rose, and referred to all the Judges; and, on a conference had by them, on the first day of Term, they directed the counsel for the prisoner to be heard; and, on the 14th of November, the case was argued very much before ten Judges, by Mr. Knowlys: with respect to the first objection, the Judges thought, that the word chattles, in the count against the accessary, might be rejected as surplusage: With respect to the question, whether the receiving notes, knowing them to have been stolen, was, or was not, within any of the acts of Parliament &c.? has occasioned a different opinion among the Judges; the receiving stolen goods, knowing them to have been stolen, was only a misdemeanor at common law: A receiver of stolen goods makes not an accessary, unless he receives the thief himself, or takes a reward to favour his escape. This is laid down in a variety of authorities: in Hawk. 319. in Stamf. Pleas 41. Steel 91. 2d Institute 83. Crook Eliz. 688. in Hale's Pleas of the Crown 619 and 620, he says this: If A. has his goods stolen by B; and C. knowing they were stolen, receives them; this simply of itself makes not an accessary: and therefore it has been often ruled, if I. S. receives stolen goods, knowing them to be stolen, it is not actionable, because it imports not a felony, but only trespass and misdemeanors, &c. and the bare receiving stolen goods, knowing them to have been stolen, makes not an accessary, for he may receive them for the true owner. - Thus it stood at common law previous to the 3 & 4 W. & M. ch. 9. and which enacts,

"that if any person shall buy and receive any goods and chattels, that shall be feloniously taken, he shall be taken and deemed an accessary to such felony, after the fact," &c. By the statute of 5 Ann,

c. 31. sec. 5. it is enacted,

"that if any person shall receive any goods or chattels, &c. knowing them to have been stolen, shall be taken as an accessary, and being legally convicted, shall suffer death as a felon convict;" these acts against receivers, mention goods and chattels only, and do not extend to choses in action, as bank-notes are, which are not made chattles: in Cabe's case 8. Croke 32. Elyerton 68. 1 Burrow 457. Lord Mansfield lays it down in the case of Millar and Rase, that banknotes are not to be considered as goods and chattles; they are to be taken, as money, and certainly are passed as money only; and until the beginning of the reign of his late Majesty, a felony must have been of goods and chattles; to remedy this, the statute of 2 Geo. 2. ch. 25. by which it is enacted,

"that if any person shall steal any exchequer order, bond, bank note, &c. notwithstanding the said properties are termed in law, choses in action, &c. it shall be construed felony, in the same manner, as if the offender had stolen, or taken away by robbery, any other goods of like value, &c. and such offender shall suffer such punishment, as he should or might have done, if he had stolen such goods, &c. Now it is observable, that in this act, no mention is made of the accessary; but where the act of parliament makes a felon, it does incidentally make such accessaries, as would before or after be accessaries at common law: (see 1 Hale 613. 4 & 5 W. & M. 5 Ann, and 5 Geo. 2.) in the consideration of this cause, what is mentioned by Foster in his Report 373. appears very material; that by the statute of Eliz. 12 & 13, in the case of horse-stealing, clergy is taken away, &c. not to such as were made accessaries by subsequent statutes; and therefore the person knowingly receiving the stolen horse, is not ousted; and this he says was agreed on in a conference, &c. In this case, therefore, the majority of Judges are of opinion, in which I concur, for the reasons I have already mentioned, that the second objection taken by Mr. Knowlys, the prisoner's counsel, was well founded; and, as the Jury have acquitted him on the first count, and only found him guilty on the second count; the Judges are of opinion, that judgment must be arrested; and in consequence thereof, the prisoner must be discharged .

Reference Number: a17880109-1

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.

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No. 35, Chancery-lane.

A new Edition (being the third) of HODGSON'S TREATISE ON SHORT-HAND, being a sufficient Instructor of itself, is just reprinted, and Mr. Hodgson in order to accommodate all sorts of Purchasers, has reduced the Price to Eighteen pence only; also his new Publication, entitled,

"SHORT-HAND CONTRACTIONS, adapted to every System of

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"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.

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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 Cosmo Gordon for the murder of Frederick Thomas , Esq; in a duel. - Henry Morgan for the murder of Mr. Linton. - Porter Rideout , for the murder of Moses Lazarus , Duke's Place. - Captain Kenith Mackenzie , for the murder of Kenith Murray 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 remarkable trials of Messrs. Goodridge's and Evans, for forgery - and of John Hogan , (the black), for the murder of Ann Hunt ; with many others too tedious to enumerate.

Mr. Hodgson has just bound up a compleat Set of Sessions Papers, for the last sixteen Years, which he will dispose of; or any person wishing to see any particular Trial, may have an Inspection of the same, or take a Copy of it, at the usual Prices.

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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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