Old Bailey Proceedings, 27th February 1788.
Reference Number: 17880227
Reference Number: f17880227-1

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 27th of FEBRUARY, 1788, and the following Days;

Being the THIRD 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 III. 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.

THE WHOLE PROCEEDINGS UPON THE

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

BEFORE the Right Honourable JOHN BURNELL , LORD MAYOR of the City of London; the Honourable Sir ALEXANDER THOMPSON , one of the Barons of his Majesty's Court of Exchequer; JAMES ADAIR , Serjeant at Law, Recorder of the said City; JOHN WILLIAM ROSE , Esq; and others his Majesty's Justices of Oyer and Terminer of the City of London; and Justices of Gaol Delivery of Newgate, holden for the said City and County of Middlesex.

First Middlesex Jury.

Wm. Seymour

John Aspley

Joseph Hobbs

Joseph Simmonds

John Abrahams

George Burrowestone

Thomas Holmes

Percy Sadler

John Hooke

Nicholas Tipper

James Jenkins

Wm. Leader

Second Middlesex Jury.

Samuel Elliot

Henry Cooper

William Ball

Alexander Marlow

Abraham Parsonage

Charles Wren *

* James Fisher served part of the time in the room of Charles Wren .

James Read

Joseph Simpson +

+ Thomas Holloway served part of the time in the room of Jos. Simpson.

Edward Widdowes

George Buttery

John Parkington

James Pamucker

London Jury.

Charles Beale

Randolph Knott

William Bennett

John Bew

John Dover

John Boyse

Bartholomew Mayhen

Joseph Scott

Joshua Bowers

Wm. Smallman

John Jameson

James Smith

Reference Number: t17880227-1

154. JAMES JONES , otherwise JAMES SANDY was indicted for stealing a guinea , the property of James Longman and Francis Broderip , Dec. 21 .

FRANCIS BRODERIP sworn.

I am a musical instrument maker , in the Hay Market . On Friday the 21st of December, in the evening, the prisoner came

to my house, and said he wanted to purchase a flute of two guineas value; I was alone in the shop; I called Mr. Serle, one of my young men into the shop to serve him; the prisoner said I need not trouble myself to look out the flute then, but gave me a ten pound bank note, and begged I would take the two guineas out of it, and he would call again for the flute; I went to the money drawer, and acquainted the prisoner, I had not gold sufficient to change it; Serle came into the shop, and I gave him the note to get it changed, as he was going to the door the prisoner called him back, seemed very much confused, and unwilling it should go out to be changed; he said four guineas will do for the present; I then opened the drawer, and gave him three guineas and two half guineas; I expressed a doubt of the money being weight; he replied, if it is not weight it will not do for me, and begged the young man would hand him over the note; nearly at the time he received the bank note with one hand, he put some money down with the other, and went instantly out of the shop.

In what manner did he put the money down? - He threw it down on the counter; I was directly opposite to him; he threw down two guineas, and two half guineas; I took it up, and put it into the bowl in the till.

Do you know what money was in the bowl when you put the two guineas and two half guineas in? - There were some half guineas; I don't know how many; when I gave him the three guineas and two half guineas out, there was nothing left in the bowl but half guineas; I then went into the middle-room to ask the bookkeeper if he knew the prisoner; Serle looked into the bowl, and said he had taken away the new guinea; I then took my hat, and went up the Hay Market in search of the prisoner; not finding him I went to Justice Hyde's, and two officers went with me to a house in Johnson's Court, Charing-cross; when I went in the prisoner stood at the fire.

How long was that after he had been in your shop? - About half an hour; I bid them take him, they did; and on my return to the office, he was brought in; he asked what he was brought there for, that he knew Mr. Broderip very well; that he had borrowed a guinea of him; I answered, that I was not on any terms of intimacy with the prisoner; that I did not lend him a guinea, but he had stole it from me.

Cross Examination.

Was this man drunk or sober when you found him at the ale-house? - I do not know; he did not appear to me to be drunk.

Can you recollect precisely the expression he used when you charged him with the guinea; did he not say, if there was any mistake it must be rejected? - That was not the expression.

Your servant told you he had taken the new guinea; did you remark the guinea? - Yes, it was a bright new guinea.

Was the prisoner searched? - Yes, there was a guinea found upon him, but not a new one.

For what purpose had you given him the money the last time? - He said four guineas would do for him.

When you took up the money, was you conscious you took a guinea short, before your young man mentioned it? - I was at the time, but I did not mention it for the moment; she two half guineas struck me, but I recollected myself, and knew there was a guinea gone.

As you observed it at the time before the man went out of the shop, you did not say, Sir, you have made a mistake, and taken one of my guineas? - He darted immediately out of the shop.

You did not make any immediate pursuit after the prisoner? - It was not ten minutes after.

As you are in a great way of business, your servants have access to it I suppose? - Only three of us; the till is commonly kept locked.

Some of the officers, I suppose, have the custody of the guinea found upon him? - I believe they have.

Court. You went into the middle room as soon as the man went out? - I did.

Where was Serle at this time? - He was in the shop.

Did you take any notice to Serle that the money was missing? - I did not.

How came you not to take notice of it to Serle? - I went directly backwards to the book-keeper to speak to him on this business, to ask him if he had not seen the prisoner in the shop before.

JOSEPH SERLE sworn.

When the prisoner came into the shop I was not present; Mr. Broderip called me to look out for a flute, about two guineas and an half value; the prisoner gave Mr. Broderip a ten pound note, and asked for change; Mr. Broderip gave me the note, and desired me to get change; the prisoner said he was in a very great hurry, and could not stay; he said four guineas would do for the present, and he would call for the change another time; I was near Mr. Broderip; I saw him give him three guineas, and two half guineas, one was a remarkable new guinea, which I had taken just before; the prisoner doubted that the money was not weight, and said, if it was not it would not do; he put the money on the counter, and asked for the note, which I gave him immediately.

What money did he throw on the counter? - I did not see; I was near the door; I saw him throw it down, but was not near enough to distinguish what it was; Mr. Broderip, immediately, put the money into the till, in the bowl, and the prisoner went out immediately.

Where did Mr. Broderip get the money from, he gave the prisoner? - Out of the bowl; Mr. Broderip went back into the middle-room; I thought there was something very extraordinary in the behaviour of the prisoner; I opened the till immediately before Mr. Broderip returned.

When had you seen the money in the bowl before? - Not above five minutes; the key was in the till.

Who had the care of the till? - Sometimes Mr. Broderip, sometimes me.

Had you counted the money when you saw it five minutes before? - Yes, there was five guineas in it; four half guineas, and three guineas; I opened the till, and asked Mr. Broderip if he had taken out the new guinea I had taken just before, Mr. Broderip said he had not.

Had you observed the new guinea? - I saw Mr. Broderip give the new guinea to the prisoner.

Had you observed it when you last saw the bowl? - I had; Mr. Broderip then said, he recollected the man had given him back but three guineas, but that the two half guineas had deceived him; he thought it was four guineas.

Cross Examination.

This was a remarkable bright guinea? - Yes.

After he was gone you missed it, and told Mr. Broderip; how long was that after? - Not above a minute.

When you told him, he said he had been deceived? - Yes.

When did you see the prisoner again? - About half an hour after.

Has any guinea of that sort been found on the prisoner? - There was a guinea found upon him, but quite a different one to the one I lost.

WILLIAM WHARTON sworn.

I attend Mr. Hyde's office; I took the prisoner; he was examined; I found a guinea, half a guinea, and seven or eight shillings, and a ten pound bank note.

(The Guinea produced.)

Prosecutor. That is not the guinea I lost, I am very clear.

Prisoner. I leave my defence to my Counsel; I know nothing at all of the matter; I was terribly intoxicated.

GUILTY .

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

[Transportation. See summary.]

Reference Number: t17880227-2

155. ANN JOHNSON was indicted for feloniously stealing, a bedstead, value 21 s. a feather-bed, value 4 l. a bolster, value 10 s. two pillows, value 10 s. three blankets, value 21 s. a deal box, value 3 s. a mattrass, value 21 s. twelve mahogany chairs, value 3 l. 12 s. a carpet, value 4 l. five mahogany tables, value 4 l. an iron stove, value 20 s. an iron fender, value 6 s. an iron shovel, value 2 s. a poker, value 1 s. a looking-glass, value 50 s. two pair of tongs, value 2 s. two iron shovels, value 3 s. a dressing glass, value 30 s. a tent bedstead with linen furniture, value 20 s. a feather-bed, value 20 s. a bolster, value 5 s. a mattrass, value 10 s. six blankets, value 30 s. eight bed-quilts, value 4 l. a woollen bed-rug, value 1 s. six chairs, value 6 s. a deal table, value 6 s. an iron coal-skuttle, value 1 s. a wooden pail, value 8 d. and two deal ironing-boards, value 4 s. the goods of Hannah Sowersby , widow, in her dwelling-house , January 4th .

HANNAH SOWERSBY sworn.

Where did you live on the 4th of January? - No. 1, Penton-place, near Islington .

Did you see Mr. Leach there that day? - Yes.

He had been your landlord in Duke-street, Manchester-square? - Yes.

How long had you lived there? - Six years; he came in, in a great deal of trouble.

What time did he come? - About twelve o'clock the 4th of January, he came to settle with me about a quarter's rent due to him from me at Christmas; he asked for the rent, Mr. Phipps told him he should not come into the house, for he would dash his brains out if he attempted to come into the house; Phipps said, he should not be paid; I told Phipps he should have his money, I would sell some of my goods to pay him, and not to distrain for the money.

He had talked of distraining? - Yes.

Was he agreeable to that mode? - Yes, he was agreeable to take it in any way I could settle it.

Did he continue there any time after this? - He was there till about three o'clock in the afternoon.

Who was present in the room when you had this conversation with Leach? - The prisoner at the bar.

Did any thing remarkable happen to Leach that afternoon? - He was arrested about three o'clock, and taken out of the house; Leach refused to go; he said, he owed nothing; Phipps went out and double locked the door, and sent people into the house to take my things down; I went up, and said, they should not be taken down, for I owed Phipps nothing.

How do you know who sent the person into the house? - Phipps put him into the house and double locked the door; he went out and returned with the patrol; then they began to take down the things.

Did Phipps lock the door? - Yes, when he went out to get the cart, he put the patrol into the house, and then went for the cart; while he was gone, they went to take down the things; I opposed them all I could.

Where was you while the goods were taken down and put into the cart? - I was locked in the fore parlour, who locked me in I cannot tell.

Who let you out? - A friend of mine came from Islington; I made a noise, she went for somebody and they let me out, that was about an hour after I was let out; the goods were all in the cart; I sent a man after them to watch them; Mrs. Johnson, the prisoner, beat me, and used me very ill, because I sent a person to watch the cart; she said, I had no right to send any person after the things; they were all theirs.

Who did you understand by theirs? - Phipps's and her's; and she swore I should not have a bed to lie upon, and if I attempted to go out of the door, she would murder me, and took up a large carving knife, and said, she would cut me up directly; she repeated her blows, and knocked

me down into the fire-place; I begged of her not to make a noise to alarm the neighbours, nor to quite murder me, that it would be of no use; she swore to God she would, she did not care for any body; she cut my mouth, it was all of a gore of blood; the patrol found me in that condition.

Did you ever find the goods afterwards? - Yes, in Temple-lane, No. 9, some of them are here now? - When did you find them? - On the Saturday; they were in Phipps's chambers, in the hands of the treasurer of the Temple, for rent.

Mr. Fielding. I take it for granted, you are no stranger to Phipps? - No, I have known him a great while.

He has done a great deal of business for you? - No; he used to come to my house; I never owed him any thing.

Did not he come to your house with an execution? - Yes, for sixteen pounds; it was brought to my house in Penton-place.

How long had you left the house in Duke-street when the execution was brought? - The night I came into the house.

How was that execution settled? - I gave a warrant of attorney to Phipps to pay a guinea a month, and he discharged the officer.

In order to settle it, I believe the goods were taken as a part? - Yes, from the other house.

Did you offer him any money? - No.

You gave him some of the goods? - Yes.

How came he to be satisfied with goods to part of the amount? - I do not know, he did not choose to strip the whole house.

Did not you acknowledge your obligation to him for taking only part of the goods? - Yes, but I did not owe him any thing when he put the first execution in, Phipps had the key of my former house a fortnight before, and would not give it up.

Did you tell your landlord Leach, where you was come to? - Yes.

What did you owe Leach? - A quarter's rent, eleven pounds five shillings, which would be due at Christmas.

Leach wanted to distrain your goods in Penton-square? - Yes.

Did not Phipps claim the property in consequence of this as under the execution? - Yes.

These were the same goods that he might have taken when he came with the execution? - Yes.

Phipps having a claim on the goods and there being nothing to affect the prisoner but having some connexion with him, the Court directed the Jury to find the prisoner not guilty, without going any farther into the evidence.

NOT GUILTY .

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

Reference Number: t17880227-3

156. JOSEPH SMART was indicted for feloniously stealing, a pair of linen sheets, value 10 s. and two cotton bed-curtains, value 21 s. the property of Christopher Ibbetson , May 17th .

The witnesses were called, but not appearing their recognizances were ordered to be estreated.

NOT GUILTY .

Reference Number: t17880227-4

157. JOSEPH BRIGGS , WILLIAM GOLDSMITH , JAMES JERVAIS and JAMES HOY were indicted for burglariously breaking and entering the dwelling-house of John Smith , on the 10th of January , about the hour of seven in the night, and stealing 15 pieces of calico, containing 315 yards, value 30 l. the property of John Smith , Edward Langdon Macmurdo , and James West , in the said dwelling-house .

JOHN SMITH sworn.

I live at Old Ford ; I am a calico-printer .

What is the firm of your partnership? - John Smith and Company; the names are John Smith , Edward Langdon Macmurdo , and James West .

Describe the manner in which your house is situated as distinct from the shop; the calico I understand was taken from a place near the dwelling-house? - The lower part is a printing-shop, the next story is a warehouse, the upper part is a dwelling, or lodging for a number of apprentice lads; we have to the amount of eight or ten.

Are there any other apprentices who sleep there? - Yes.

How far is this from the dwelling-house? - Ten or fifteen yards.

Is this surrounded with any sort of fence? - On the one side it is open to the road.

Without a gate? - Yes.

Is it attached to the house? - No.

Does that part from the road go into the yard? - Yes.

Did this building come into that road? - Yes, on that side near the road; I know nothing of the burglary.

Mr. Garrow. You said this adjoins to the road? - Yes.

Is the entrance from the road immediately into the workshop? - No, into the yard.

Is the yard inclosed? - Yes.

You do not step off the causeway of the road into the workshop? - No.

How is the yard enclosed? - By gates, and the building which runs down on one side next the road; the yard encloses a number of out-buildings, not the dwelling-house.

The dwelling-house is quite distinct from that connexion of out-houses? - Quite so, the drying-places and other things of that sort are enclosed in the yard.

Jervais, I believe, was an apprentice of your's? - He was not articled.

How long had he been employed? - About two years.

What character had he borne to this time? - A very good character; he was always esteemed a very sober lad.

Court. This building has no connexion with your dwelling-house? - None.

On the contrary, it stands in a yard in which the house does not stand? - Yes.

And that yard is enclosed with a gate? - Yes.

These apprentices, are they the apprentices of all the partners, or any one in particular? - To the company.

Is the house and this printing-place held of the same landlord? - Yes.

RICHARD VENTON sworn.

I am servant to Messrs. Smith and Co. at Old Ford; upon the 10th of January, I made the windows and doors of the workshop fast, about twenty minutes after four in the afternoon; I did not leave the shop till five o'clock.

Court. It appears to me, as to the burglary you cannot prove it from the account.

Did you miss any thing in the morning? - I went in about seven o'clock in the morning; when I went down stairs, some of the women said, the windows are open.

You must not tell us what the women said.

THOMAS ROYLE sworn.

I am a workman with Mr. Smith and Co.

Do you remember being at work on some calico the evening before this calico was missing? - Yes, I do not recollect the day.

What time did you leave off work? - I cannot recollect; we worked as long as we could see; it might be between four and five; I was working upon a green pattern, I had some under my table that I was to work in paste colours, the paste was not fit, and I put by eight pieces of calico under the table I was at work at.

Was it work of that kind you should know it again? - Yes, I should know the pattern of it.

What time did you come the next morning? - I was not the first, but I came as soon as it was light, and the calicoes were all gone.

Have you ever seen any calico since that time that you have reason to believe was that calico? - Yes.

SAMUEL HARPER sworn.

I am an officer of the Public-office, Shadwell.

Have you any of the property? - No, Armstrong has; I took Usher.

Mr. Garrow. Who is Usher? - A witness here.

Who is he? - A Jew.

How long have you known him? - Not long.

He has been here before? - I do not know, I took him on the 7th of this month; I met him in Fleur-de-lis-street, it goes from Shoreditch to Wheeler-street; I asked him what he had under his arm; I saw it was a bundle; he told me he had a piece; I asked him a piece of what; he said, a piece of his own property; I told him, I had some suspicion it was not his own property, and he must go to the Justice to prove it was his property; it was a piece of calico; Armstrong was with me at the same time, and he took it from him.

How came you to suspect Usher? - From a little bit of an information.

He was a little shy? - No, he never offered to run away.

JOHN ARMSRTRONG sworn.

I was with Harper, we met with Usher; he had a piece of goods which he said he bought of Terry Finley; here are two more pieces which Usher afterwards brought to the office; this is the piece I took from him.

(Producing it.)

Mr. Garrow. You have had a little acquaintance with Usher before? - No, I have never had him in custody before.

ISAAC USHER sworn.

There is a piece of callico there, where did you get it from? - I had it from Terry Finley.

The other two you afterwards brought, where had you them from? - From the same person.

Mr. Garrow. May we ask how much you gave for them? - If you please.

If you please to answer it? - I gave sixteen-pence a yard.

Do you mean to swear that? - I did.

And paid for them at the time you had them? - Yes.

Before you were taken into custody? - Yes.

That is a high price for you to give; is it not? - I have told the truth.

How came you to give that price? - Because I could not get them cheaper.

Where did you buy them? - Of Terry Finley, at his own house in Back-lane, Rag-fair, the day before I was taken up.

How long have you dealt in calico? - I deal in any thing.

I suppose so; but how long have you been a dealer in calico? - I gave a fair judgment for it.

You will have a fair judgment some time or another? - When I can buy any thing I do; I am a dealer.

You have been a dealer a long time? - I cannot tell.

But you deal in any thing and every thing? - Yes.

Do you keep a shop? - No.

Did you pay it in cash or bank-notes? - No, in gold and silver.

How much did you pay him for these goods? - Two pounds thirteen shillings for two pieces; that was the first time, and I gave him one pound seven shillings for the last piece.

TERRY FINLEY sworn.

I live in Cable-street, Back-lane.

Those calicoes which Usher had, do you know where they came from? - On the 10th of January I was out; my wife sent for me home; when I came home, there were three men round my door, and two withinside.

Who were the two men on the inside? - The man with the one eye (Briggs) and the other, he with the silk handkerchief, (Goldsmith.)

You don't know who the men at the door were? - No; when I went into the house, there were five pieces, four white

and one Stormont, which I agreed with Goldsmith to give them three guineas and an half for; Briggs came the next day and another man; I believe him in the white jacket (Hoy) I don't know his name.

You are sure that is the man that came with Briggs? - I cannot be positive, they told me I gave them a light guinea the night before, which I changed, and they told me they had some more, and they said they did not like to bring it down Back-lane, on account of the runners being about there; with that I appointed a place in East Smithfield; I took Briggs with me,; he looked at the place, and said he liked it very well; Briggs and Goldsmith, and another, brought me, on the Sunday night following to this room in Smithfield three pieces; we appointed a place to meet Briggs, at a public-house, on Tower-hill.

Confine yourself to those pieces of calico that belong to Mr. Smith? - I don't know which belongs to Mr. Smith; I thought they all belonged to Mr. Smith; Shakeshaft has the other pieces.

(Shakeshaft produced the pieces which he said he had of Finley.)

How many pieces did you purchase the first time? - Five.

How many pieces did you purchase before the 21st of January? - I purchased none before the 21st of January.

When did you purchase these? - The 10th of January I purchased five pieces, and on the Sunday night following I purchased three pieces, and on the Monday night I purchased five; those that are produced I purchased of Briggs and Goldsmith.

Shakeshaft. I produce three, and Armstrong produces three pieces.

To Finley. You purchased all these of Briggs and Goldsmith? - Yes.

Were any body else with them? - Yes, the first time they came to the Black Horse, that was on the Tuesday night, there were five in company.

Who were those five? - I only went in at the door of the Black Horse, and Goldsmith and Briggs came out to me, I don't know any of the other three.

How many did you see at any other time? - There were three when they came with the light guinea? - I don't know any but Briggs and Goldsmith.

Out of the six that are produced, you sold three? - I sold three to a pedlar, one Johnson, that goes about the country, and I sold three to Usher, and three that are now produced; I purchased fifteen in the whole.

Mr. Garrow. You are a wholesale calico warehouseman, are you? - No.

What trade are you? - A shoe-maker.

You don't make women's shoes of this, do you? - No.

How came you to be dealing in this? - I have dealt in it a great while; I have been guilty of bad faults in buying things that were stolen.

How long have you been a receiver of stolen goods? - About a couple of years, off and on.

Have you had any intervals of honesty in the two years; very short ones I am afraid; have you been here before? - Yes.

How often? - Twice, I believe.

No oftener? - No.

Twice as a witness? - As a witness.

Or in that place (pointing to the bar)? - I was once in that place.

How long ago? - Two years ago.

What was that for? - For what I was honorably acquitted.

What was it you was acquitted of? - I do not know what I was indicted for.

You really do not know what you was tried for? - For nothing.

How long have you been acquainted with Usher? - Seven or eight years.

Have you had dealings with him much? - Yes.

In that way of business? - Yes.

Nothing came amiss to either of you? - No.

Now what price did you give for the first parcel you had? - Three guineas and a half for five pieces.

How many did you sell to Usher? - None of the first five.

What did you give for the next? - For the next three, I gave two guineas and a half.

Were they what you sold to Usher? - I cannot tell particularly.

What did Usher give you? - Sixteen-pence a yard.

Why were you at the trouble of measuring them between you and your friend Usher? - I never measured them.

Never measured them, and yet sell them by the yard? - The people I bought them of, told me they were two yards and a half.

Who was present when you received the money from Usher? - My wife.

That was all you received of Usher? - Yes, except a year ago; it was one pound six shillings and eight-pence; I did not take the halfpence.

So that a guinea and five shillings and six-pence was all? - Yes.

You only sold him three pieces? - No, two at one time, and one at another.

What was the one pound six shillings and eight-pence for? - For the one.

What did he pay you for the others? - One pound six for each of the others; that was two pounds twelve shillings.

What did you mean by telling me that one pound six shillings and eight-pence was all that you received from Usher, except a year ago? - That was a mistake.

Have you not been here since you was tried? - Not to my knowledge.

Recollect yourself; upon your oath, have you ever been examined here as a witness? - I never have, not before to-day.

ANN FINLEY sworn.

I am the wife of the last witness; on the 10th of January, about seven or eight o'clock in the evening, or it might be later, five men came to my house; two of them were Briggs and Goldsmith; I did not know the other three; they asked for my husband, he was out, I sent my servant to call him; while the servant was gone, each of the men pulled a piece of calico from under their coats; I desired three of them to go out, for my husband would only deal with two of them at once; my husband came in and bought the five pieces of Briggs and Goldsmith, for three guineas and a half.

Did he afterwards sell any to any body? - Not that I know of.

Do you know Usher? - Yes.

When did you see Usher after this? - I cannot say when; I saw him some time afterwards.

Mr. Garrow. You have a slight acquaintance with Usher? - Yes.

He does not deal with your husband? - I cannot tell that he does.

He does not deal with you of course? - No.

Where did you keep these goods? - In the cock-loft.

You never received any money? - Yes, soon after this, my husband told me to receive two pounds thirteen shillings of him.

Was that all you received of him? - I received one pound six shillings and sixpence afterwards.

How came you not to mention that, when you was asked how soon after you saw Usher? - I do not know.

Your husband never deals with five people at a time? - No.

How long have you been married? - Fifteen months.

He has carried on a roaring trade, has not he? - Not that I know of.

For what reason did you desire the three men to withdraw? - Because my husband ordered me.

Your plant was in the cock-loft? - Yes.

Explain to the Jury what a plant is? - Where we put things.

The plant is where you keep stolen goods; is it not? - Yes.

Why was you to receive this money, and not your husband? - I do not know.

Your husband was by? - No.

Was he present or not? - I cannot rightly say.

What part of the house did you receive it in? - In the back shop.

What shop do you keep? - A clothes-shop.

Was he in the house? - Yes.

Was he in the room? - I do not know.

You are sure he did not enter into any conversation with you and Usher about the money, or about any thing else? - No.

Did you receive any halfpence in change? - No.

How happened that, because you know it came to eight-pence? - He did not give me the odd two-pence.

You received these monies at different times? - Yes.

Was your husband present at either of the times? - I cannot say.

CHARLES SIBERY sworn.

I am a calico printer, I was servant to Mr. Smith of Old Ford; on Tuesday night the 8th of January, Hoy, Briggs, and I were together at the White Horse, Old Ford, and we consulted how we should rob Mr. Smith's ground; we were to rob the shop on the Wednesday night; we were to meet at the White Horse, Old Ford, but when I went to unkey the window, there came one of the men into the shop; upon that I went out again; when Briggs and Hoy and I met, I told them I could not do it, because one of the men came into the shop; we agreed to meet the next night, and I was to acquaint Jervais with it; after I had done work on Thursday night, I saw Jervais at the door, I told him it was very easy to rob the shop, if he would be agreeable, which he consented to; and I told him to go and unkey the further window in the shop; then we both went up towards the White Horse, we sat there till about six o'clock; then Joseph Briggs came in, and we told him every thing was ready; after being in for some minutes, Briggs went out, then Jervais and I followed him; there we met Briggs, Hoy, and Goldsmith, very near the White Horse; we went all together towards Mr. Smith's shop; going along, Briggs stopped and got a sack; Jervais and I, and Goldsmith and Hoy, went on towards the shop; Jervais and I went up to the shop window first, and let down the bar, and opened the window shutter, and then I went away, a little way below the shop, and left Jervais.

For what purpose? - To look out, to see if any body came along; when I went away Briggs and Goldsmith came up to the window, and one of them, I do not know which, broke a pane of glass; I thought I heard somebody coming down the lane; I went away towards the window, and told Briggs and Goldsmith; Briggs threw the sack over the pales opposite the shop; then we went away to the end of the wall.

All of you? - No, Jervais was in the shop.

Did you see him in the shop? - No.

When you all went up there, you did not see Jervais at that time? - No, when we found there was nobody coming, we went back again, and I went to the same place where I was before; I saw some pieces come out of the window.

How do you mean? - They were put through the pane of glass that was broke, and thrown over the pales where the sack was.

Who threw them over the pales? - I cannot say which it was; after that, Jervais came out, then Briggs got over the pales; Goldsmith, Hoy, Jervais, and I went up to the further end of the pales, where Briggs brought the sack, and threw it over; Goldsmith took it upon his back, and carried it a little way up the lane, with the assistance of the rest of us; we carried it all through the fields, till we came to the field but one joining to the Gravel Pit at Old Ford, then we took five pieces out of the sack, each of us put one round our bodies, then we carried the sack and buried it in the Gravel-pit-field, under some loom, and then we all sat off down the alleys towards London, and came out at Mile-end-road; we went into Back-lane,

to Terry Finley's; Briggs and Goldsmith went in first, after they had been in some time, Goldsmith came, and called Jervais, Hoy, and I in; we went in, and each of us took a piece from round our waists, and threw them on the stairs; Mrs. Finley told us we must go out, for her husband would not deal with more than two at a time; accordingly Hoy, Jervais and me went to the Gun and Holly-bush, in the lane; after we had been there some time, Briggs and Goldsmith came in to us; Briggs said he asked Mr. Finley seven guineas for the five pieces, but he could get no more than three guineas and a half; then we went to another public house, and shared the money; then we went as far as Bow together, there we parted with Goldsmith and Hoy; I went and delivered myself up to Mr. Leach and Mr. Newton.

Did you tell them of this robbery of Mr. Smith's? - Yes.

Did you tell them that all these prisoners were concerned with you? - I do not know that I did.

Mr. Garrow. Before you was in custody you certainly gave an information? - Yes.

Somebody else was in custody who could have informed against you, I believe? - Yes.

That is the merit of your information; who was it that was in custody at that time? - Jervais, Briggs and Doust.

You did not say a word of this to anybody, till you yourself expected to be taken up and hanged? - No, I cannot say I did.

You began your evidence by saying, we met together, and consulted how we could do this? - Yes.

Upon your oath who proposed it to the others? - I believe I did.

Upon your oath have you any doubt about it? - No.

Then we may understand you, that you proposed to Briggs and Hoy to rob your own master, and then agreed with them to endeavour to draw in Jervais, who was a servant to the same master? - Yes.

A poor lad who had, before this, borne a good character? - Yes.

You said one of them broke the window; upon your oath did you not do it yourself? - No.

You was not at the window at the time it was broke? - No.

Were there no calicoes on the bleaching grounds at that time? - None of them were on the grounds.

I know none of them, but were there any upon the bleaching ground? - I cannot say.

Recollect, because you cannot possibly fail to know that; the workshop joins the bleaching ground, does it not? - Yes.

Did you not propose to break the house rather than the grounds, that you might get these people into the scrape, and get the reward? - No.

How long had you lived with this master to whom you was so faithful? - I believe about six months.

You found Jervais living there when you first went to live there, and in possession of a good character? - Yes.

He knew nothing of it till you were all agreed? - No.

To Royle. Look at those calicoes, and see if you know them again? - I know the pattern very well; I printed twenty pieces of the pattern.

Are those the pieces you left under the table? - The ends being torn off, I cannot swear to them; the ends were on every piece I left under the table; the ends were numbered, and I have the numbers of the pieces that were stolen, in a book at home.

Are those finished? - No, they are in the first state in which they are printed; there was another colour they had to go in, and then they were to be boiled off; they are in the state of those that we lost; a paste was to be put in to save the eye, and they were to be stormonted; I did twelve of them, but the eight that were to do, the paste did not answer the purpose.

That was to fix the colour? - Yes.

Have you any doubt about this being

property that was lost that night? - No, every piece here seems to be in the same state.

Unfit for sale? - Yes.

Mr. Garrow. This is not an uncommon pattern; is it? - We have not a pattern that I know of like it; it is a new pattern.

Have you seen, since those were lost, any patterns of Mr. Greaves's before the Justice? - No; I have not seen any till I saw this to day.

To Mr. Smith. Do you know that piece? - There has been a name taken off; I have a piece (producing it); part of the goods of this man's printing, which was left in another room, at the time the robbery was committed; this was sent to the office that they might know the pattern when they saw it.

Is it a new pattern? - Quite so; they never were printed before; our patterns are confined to our own houses.

Court. You have sold none of this pattern yet? - None.

None of the trade that you know of had that pattern? - No.

Jury. Were the calicoes all of the same width and quality? - All the same.

Do those exactly correspond in width and quality with what you lost? - Yes.

To Finley. Did you buy the calicoes all of the same persons? - Yes; of Goldsmith and Briggs.

Jury. Were the fag-ends to them when you bought them? - Yes; I pulled them off, and burnt them.

Were there any marks upon them? - Yes,

"Smith, Old-Ford."

The prisoner Briggs said nothing in his Defence.

GOLDSMITH'S DEFENCE.

I know nothing about it.

Jervais. I leave my defence to my counsel.

HOY's DEFENCE.

I sailed with Mr. Hindes, of Bow, to the East Indies, for the East India Company, and he would have been here, but he has a bad state of health; he has sent this paper.

Court. That cannot be admitted.

Briggs called one witness, who gave him a good character.

Jervais called four witnesses, who gave him a good character.

ALL FOUR NOT GUILTY .

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

Reference Number: t17880227-5

158. THOMAS JONES and MARSHAL PEBBEBY were indicted for stealing a wooden cask bound with iron hoops, value 3 s. and 9 gallons of table beer, value 3 s. the property of Richard Harrison and Richard Monday , February 6th .

JAMES HIGGS sworn.

I am drayman to Mr. Harrison and Monday; I lost a cask of table beer off my dray in Fenchurch-street , on Wednesday the 6th of this month, about two o'clock; I went down Philpot-lane to a customer; when I returned I missed it, it was marked T, on the outside, and Harrison and Monday, Long-lane, Smithfield; Wm. Haynes came to me, and asked, if I had lost a cask; I said, I had; he said, two men had left a cask up Langburne Coffee-house-yard; I went up the yard and found the cask in a corner; I staid an hour and half up the yard till the prisoners came to take the cask; they took it up, and then I took them both into custody; I asked them how they came by it; they could not make any answer.

WILLIAM HAYNES sworn.

I am servant to the Langborn-ward Coffee-house; I was standing in the yard on the 6th of February; I saw a man bring a cask up the yard.

Who was the man that brought it up the yard? - I cannot swear to him; the prisoner Jones was with him, he put it down on the head and went away; I observed it run at the bung-hole, and put it down on the side; I then went across the way, and saw a drayman, and asked him if he had lost a cask; he said, he had; he went up the yard, saw the cask, and said it was his; he staid in the yard an hour and half, or two hours, to watch who would come for it.

Did you see him take the prisoners? - No, I did not.

How did the man who was with Jones bring the cask up the yard? - In his arms: after the cask had been in the yard about an hour, I saw Jones come up the yard and look at it, and turn away again.

Look at the other prisoner, is he the man that had the cask? - I cannot swear that he is, or that he is not the man.

JOHN KING swern.

I am a constable; Higgs gave me charge of the prisoners.

Court to Higgs. Did both the prisoners take up the cask of beer? - Yes, they had both hold of it when I took them.

The cask was produced and deposed to by Adam Hodgson , servant to the prosecutors.

JONES's DEFENCE.

I met the other prisoner in Holborn; I asked him if he could help me to some work; I was out of place; he said, if I would go with him to Iron-gate, he would try to get some; going down Fenchurch-street, a drayman stopped him and spoke to him; he came to me, and said, the drayman told him there was a dead man up the passage, and he would go and see who, or what it was; I went up the passage and the man laid hold of me; I never meddled with the cask.

PEBBEBY's DEFENCE.

I was going to Iron-gate; and in Fenchurch-street, a drayman stopped me, and said, there was a dead man up the yard; I went up the yard and saw the cask; I turned it up to see who it belonged to, and the drayman came and took me; I know nothing of the taking of it.

BOTH GUILTY .

Tried by the London Jury before Mr. Deputy RECORDER.

Reference Number: t17880227-6

159. EDMUND CLARKE was indicted for stealing three pair of silver studs, value 3 s. the property of Jonathan Perkins , February 5th .

JONATHAN PERKINS sworn.

I am a silversmith ; I lost some studs on the 5th of February; the prisoner was at work for me as a carpenter , putting some drawers under the counter; I did not miss them till I was informed of it by a person who stopped them on the prisoner.

- HEATHER sworn.

I am a pawnbroker in Long-acre; the prisoner brought two pair of silver studs to sell to me, on Tuesday, the 5th of February, about five or six in the evening; I asked him how he came by them, he said, he bought them of Mr. Pratt, the Silversmith in Cheapside; he said, he worked for him as a carpenter; I bought them of him for 2 s. which was a fair price for them; he came again on Thursday, and brought three pair more, that gave me a suspicion that he had stole them, and I stopped him.

(The studs were produced by the witness.)

Perkins. Two pair of the studs are plain; I cannot swear to them; the other pair are not, and are my own manufacture; I can swear to them; I never saw any marked in the same manner those are, except these; there were six dozen plain and marked, in a paper under the counter; I lost the whole of them; the prisoner was at work for me on

Monday the 4th, and Tuesday the 5th of February.

SAMUEL CARTER sworn.

I am a working silversmith, servant to Mr. Perkins.

Did you ever see any studs marked in that way but your own? - I never did; I believe the plain ones are my master's property; I will not swear to them; the marked ones I made for him about six or seven days before he told me they were missing.

Prisoner. When I went to work there, the drawers were taken from under the counter.

Perkins. I took them into the back room one at a time; I apprehend while I was gone with the first, he took the studs out of the middle one.

PRISONER's DEFENCE.

I did not know I had the studs till the day after, I found them in my pocket with the nails.

GUILTY .

Tried by the London Jury before Mr. Deputy RECORDER.

[Whipping. See summary.]

Reference Number: t17880227-7

160. WILLIAM TANNER was indicted for stealing three pieces of printed calico, containing 63 yards, value 8 l. the property of Michael Robinson and Elias Bessen , in their dwelling-house , January 16th .

ELIAS BESSEN sworn.

I am a wholesale linen-draper , in Cornhill , in partnership with Michael Robinson ; I keep the house; Michael Robinson is occasionally in it.

Does he pay part of the rent and taxes? - Yes.

Does he ever sleep there? - Yes, occasionally; I can only speak to the property.

THOMAS BAILEY . sworn.

I am servant to Mr. Robinson, and Bessen; on the 16th of last month; about six o'clock in the evening, I was in the warehouse; I heard the warehouse door open; I ran forwards and found the prisoner, Tanner, with these three pieces of calico under his arm.

Is the warehouse attached to the house? - Yes; I laid hold of him.

Whose property are they? - Robinson and Bessen's; the moment I laid hold of him, he threw them into the street; I had hold of his arm at the time; I hallooed out for somebody to pick them up, and a young boy brought them in; I stopped him in the warehouse near the door.

Was there any light in the warehouse? - Yes.

Are you sure the pieces brought in by the boy, were the same you saw under his arm? - Yes; they were tied up and a bill of parcel in them; I know the hand-writing well; it is Michael Robinson 's.

When the boy brought the parcel in, had it the bill of parcel upon it, in Robinson's hand-writing? - Yes; the calico was delivered to Mr. Bessen.

CHARLES SIMPS sworn.

I am beadle of the ward of Cornhill; I was sent for to Mr. Robinson and Bessen's to take charge of the prisoner; the property was given me by Mr. Bessen, and has been in my possession ever since.

It was produced and deposed to by Bessen, who said the calico corresponded to part of the bill of parcels, which was written by Michael Robinson , Jun. that the lowest value of it was 8 l.

PRISONER's DEFENCE.

Coming down Cornhill, there were several porters going along; I stepped on the step of the prosecutors door out of their way, and a man came out with a parcel under his arm; and a man came out and laid hold of me; a boy brought in the parcel, and the man asked the boy if he

thought I threw it out; he said, he did not know.

GUILTY , Death .

Tried by the London Jury before Mr. Deputy RECORDER.

He was recommended by the Jury to his Majesty's mercy on account of his age.

Reference Number: t17880227-8

161. RICH HOLLINGSWORTH was indicted for burglariously breaking and entering the dwelling-house of Hector Essex , on the 30th of January , about the hour of two in the night, and stealing a silver watch, value 3 l. another silver watch, value 3 l. another silver watch, value 40 s. another silver watch, value 40 s. another silver watch, value 40 s. another silver watch, value 40 s. another silver watch, value 40 s. another silver watch, value 40 s. another silver watch, value 40 s. another silver watch, value 30 s. another silver watch, value 30 s. another silver watch, value 30 s. another silver watch, value 30 s. another silver watch, value 20 s. another silver watch, value 20 s. another silver watch, with a silver dial plate, value 20 s. another silver watch, gilt with gold, value 40 s. another silver watch, value 20 s. another silver watch, value 15 s. another silver watch with a gold case, value 5 l. another silver watch, value 20 s. another silver watch, value 20 s. a base metal watch, gilt, value 20 s. another base metal watch, value 10 s. a silver watch with the inside case of base metal, value 3 l. a base-metal watch capped and jewelled, value 3 l. another base-metal watch, capped and jewelled, value 3 l another base metal watch, capped and jewelled, value 3 l. another base metal watch, value 40 s. a silver watch, value 40 s. another silver watch with the inside case of base metal, and the outside case of tortoiseshell, value 30 s. another silver watch, value 15 s. a base metal gilt watch, value 30 s. another base metal watch, value 20 s. a silver watch-case, value 2 s. a woman's watch-case, value 5 s. two pair of stone ear-rings, value 3 s. two stone seals, value 1 s. a composition seal, value 6 d. two stone stock-buckles, value 6 s. a stone stock-buckle, value 1 s. twelve steel hat-buckles, value 2 s. ten hat-buckles, value 2 s. four pair of base-metal knee-buckles, value 2 s. seven plain steel buckles, value 7 d. four base-metal beaded girdle buckles, value 3 s. two steel buckles, value 1 s. two steel buckles, value 1 s. and two tortoiseshell hair-sliders, value 1 s. the property of Hugh Davidson and Hector Essex , in the said dwelling-house .

SARAH ROBERTS sworn.

I am servant to Mr. Hector Essex , who is a watch-dealer in the Strand .

Do you remember the morning of your master's house being broke open? - Yes; I went to bed about one o'clock the night before, which was the 30th of January; I generally secure the back part of the house, I did that night, and I locked the shop door and gave the key to my master; I was alarmed between three and four in the morning; I heard a noise; I lay some time to listen if I could distinguish what it was; I lie in a room even with the shop: then I struck a light, and then the noise ceased, and I went to bed again.

HECTOR ESSEX sworn.

I am a dealer in watches, and live in the Strand.

Have you any partner? - Yes, Hugh Davidson .

Who pays the rent of the house where you live? - I myself; on the morning of the 31st of January, the watchman alarmed me about four o'clock; he called out, the front door is open; I saw that door secured over night; I came down stairs, and went into the parlor, and found the parlor door that goes into the shop open, which very much alarmed me, for I had the key of that door in my pocket, and knew it was locked; I did not lock it myself, but I always look at the doors; I looked round the parlor; we have a large desk and a small one in the parlor, both of them were fast; I went into the shop and looked at the window, but missed nothing there; I then looked round the shop again, and

saw a glass case was out of its place, and I found it on the ground near the parlor door, with the back upwards, and the lock broke open, and one watch left in it; there were thirty-five watches in it the night before, it was the case we kept the watches in that we can warrant, and that want repairing; I sent my boy to Kennington to acquaint Mr. Davidson of the situation we were in; I went to Bow-street about seven o'clock, and gave information of what I had lost, and printed hand-bills.

Did you observe any part of the house where any body had got in? - On going down stairs, I found a sky-light over the kitchen dresser broke, big enough for a man to get through, there were two panes broke, they were feather panes, one over the other, and nothing between; there were some pieces of glass on the dresser, and the mark of a foot: about nine o'clock, Mr. Littler, who is servant to Mr. Jones pawnbroker, in Fleet-street, came to me; I went with him to Mr. Jones's, where I was shewn a watch; I did not immediately recollect it, it being a watch that had been left with me, and not my own; I recollected the string and the key, but upon looking further at it, I recollected the watch; the prisoner was there; I got a constable and secured him; he was taken into the parlor and searched; I observed he had something in his hand be wanted to get rid of; I secured his hand and found these ear-rings in it, which are mine, I took them out of the prisoner's hand myself; there were some other things found upon him by the constable in my presence; the inside case of a watch, and a French beuded buckle, and a duplicate of a watch which was pawned at Mr. Fleming's, in Holborn; a person was sent for that watch to Mr. Fleming's, and brought it to Mr. Jones's; some of my property was in Kent-street-road, near the turnpike.

On his cross examination, it appeared that the partner had never slept in the house, but that the rent and taxes, with the servants wages, were paid out of the joint-stock; on which accounts, the Court were of opinion, that the burglary should have been laid to be a breaking open of the dwelling-house of both the partners, and that not being so laid, the indictment was not sufficient to support that part of the charge.

JOSEPH LITTLER sworn.

I am servant to Mrs. Jones, pawnbroker in Fleet-street; on the 31st of January, between ten and eleven o'clock, the prisoner came to our house with intent to pledge a watch; he asked five guineas upon it; I took it to the window, and found it was only metal gilt; I went and returned it to him, and asked him, what should make it so valuable; he said, it was gold; having before received an information from Mr. Essex, I pretended to go out for money, and went to Mr. Essex; he came immediately, and I shewed him the watch, he said, it was his watch; I had fixed Mr. Essex at the door of the box where the prisoner was, to keep him from running away; and went and fetched Thompson, the constable, and we took the prisoner immediately; the watch (producing it) has been in my custody ever since.

How came he to stay in the box while you went for Mr. Essex? - I told him I was going for the money; I was not above four minutes gone for Mr. Essex; I ran all the way; Mr. Essex seized him by the collar, and asked him, where he got the watch; he said, he found it.

These boxes are made in such a manner, that persons may come from the street into them, and go out again, without going through the shop? - Yes; the box opens into a court.

JOSEPH THOMPSON sworn.

I am a constable; Littler came for me, and I went with him to Mr. Jones's; Mr. Essex was waiting at the door of the box where the prisoner was; I took charge of him, and took him into a back parlour and searched him; in the right hand fob of his breeches, I found a duplicate of a silver watch; upon loosing his breeches, the

inside case of a silver watch fell out; I am of the trade; we call it an inside box; I asked him who the watch belonged to that that was the duplicate of; he said, it belonged to him; I do not recollect what he said about the box; I found this girdle-buckle in his breeches pocket; at the instant that I was searching him, Mr. Essex observed one of his hands clenched; he mentioned it; we examined, and found an ear-ring in it.

JAMES STEWARD sworn.

Look at that watch, do you know any thing of it? - Yes; I cleaned it for Mr. Essex, on the 26th of January, and sent it home on the 29th.

Are you sure that is the watch you had from him to clean, and returned on the 29th of January at night? - I am quite sure of it.

Mr. Silvester. You are a watch-cleaner? - A watch-maker and cleaner.

You clean a great many watches for Mr. Essex? - I clean a few; I took home two at that time.

What was the name of the other watch? - It was Duchene, or some such name.

Do you remember the number of it? - I do not.

The way in which you remember watches, is, you enter the name and number in a book? - Yes, but I remember that watch perfectly.

What is the name of this watch? - A. Harris.

What is the number? - I cannot remember.

Court. You keep a book in which you enter the maker's name, and number of every watch you clean, and for whom done? - Yes.

Have you the book here? - No.

(The witness was sent for the book.)

JOHN DAY sworn.

I am servant to Mr. Fleming, pawnbroker, in High Holborn. On the 31st of January, about half an hour after eight in the morning, the prisoner came to my master's shop, and offered a silver watch to pawn; I lent him a guinea upon it; I made out a duplicate of it myself, and gave it him; this, (looking at it) is the duplicate.

Are you sure the prisoner is the man? - Yes; he is the same man; the Monday before he left a coat, and redeemed it when he brought the watch. (The watch shewn the witness.)

This is the watch; I just now opened it; the screw being loose, the top sell off.

What are the words after Hollingsworth in the duplicate? - Drury-lane; he said he lived at White-horse-yard, in Drury-lane.

Mr. Essex. That watch is mine and Mr. Davidson's property; the chain has a link of it broke; I have a clear recollection, that I observed that watch among the rest, the night before they were lost; was put there as it wanted repairing.

Look at the gilt metal watch; do you know that? - Yes, by the key and string; it belongs to a gentleman we do business for; not being my own, I was at a loss for the name and number, and did not specify them as I did the rest.

Do you know the ear-ring? - Yes; I can swear to it; I have had it a long time in my possession.

Is there any mark upon it? - We never mark our goods particularly, farther than from observation.

Is there any mark upon it? - I don't know it but from occular demonstration, as I know one man from another.

Do you mean that rings are to be distinguished from one another, as much as men are? - Much more so.

Can you identify that buckle? - I cannot, they are more common than rings are.

Court. What are these ear-rings? - Garnet coloured.

What stone is it? - I don't think it is any stone; I believe it is composition.

To Littler. Had you ever seen the prisoner before? - I saw him the very morning

he came to our shop between eight and nine o'clock, in the road leading from the Obelisk to Black Friars Bridge; I took particular notice of it; I thought, at first, he had been a person I knew, who is shop-man to Mr. Davidson, in the Borough, and was going to speak to him; upon his coming to our shop, I said to myself, this is the very man I met, and mistook this morning.

RICHARD HOSKINS sworn.

You found some property that was afterwards owned by Mr. Essex? - Yes; in a hay-stack of Mr. Hennet's, on the side of the Kent-street-road, three weeks ago, last Saturday.

What day of the month was it? - I cannot say, I am no scholar; it is all here.

James Steward again (produces his book)

Court. How do you know by these entries for whom you clean these watches? - By the numbers; it goes on, No. 1, 2, and so on.

Then these following numbers are all let to Mr. Essex's account? - Yes, there are other names before and after; I keep a day book for chance customers.

What are these figures in the margin; there is a 6 and an 8? - The days of the month; the 6th and the 8th of February; I had cleaned none for Mr. Essex, from the 26th of January, to the 6th of February.

In the former entries the month is put to all the figures; how came you to omit it in these latter numbers, in February? - I can give no other reason but neglect in me.

Prisoner. I leave my defence to my counsel.

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

GUILTY. Of stealing the goods, but not guilty of breaking and entering the dwelling-house .

Tried by the first Middlesex Jury before Mr. RECORDER.

[Transportation. See summary.]

Reference Number: t17880227-9

162. THOMAS HOLYOAK was indicted, for burglariously breaking and entering the dwelling house of Benjamin Laver , on the 7th of February , about the hour of seven in the night, and stealing a silk cushion, value 1 d. forty-nine handkerchief pins, value 40 s. eleven black glass handkerchief pins, value 11 s. sixteen gold enamelled handkerchief pins, value 50 s. ten gold handkerchief pins, value 30 s. seventeen gold handkerchief pins, value 50 s. a paste handkerchief pin set in gold, value 1 s. fourteen handkerchief pins, value 7 s. two silver handkerchief pins, value 2 s. a gold handkerchief key, value 1 s. and two metal handkerchief keys, value 1 s. the property of the said Benjamin, in his dwelling house .

BENJAMIN LAVER sworn.

I keep a jewellers shop in Bruton-street, Berkley-square ; my window was broke on the 7th of this month, about seven at night; I was in the shop with my son and man; there came a violent crush against a pane of glass; it being the corner of a stable yard, I though it was the pole of a coach; I went immediately to my door, and found it tied; I exerted myself, in some degree, and forced it open, by breaking the outside hasp of the door; I saw a man running down Little Bruton-street, I pursued him, and took him; I said, you have robbed me; he said he had not, he knew nothing of me; I said, whether he had or not, he should go back with me; a gentleman's coachman came to my assistance, and said he had some property about him, and desired me to search him, upon our talking of searching him, he hustled up against the wall, and dropped a cushion with the pins in it.

You are sure you saw him drop it? - Yes, I did; he said, upon my word Sir, I did not break the window; it was given to me; I took him to the shop, and them got a coach, and took him to the Rotation Office.

What pins were on the cushion? - I do not know without referring to a memorandum;

they were brought to my shop by the person that came to my assistance; four of them are marked by that person; my son sealed them up the next morning in my presence; they have been in my possession ever since.

(Produced.)

Mr. Garrow. What time was this? - A little after seven.

What distance was the prisoner from the shop when you took him? - About thirty yards.

THOMAS FITCH sworn.

I was in the stable at the time I heard the alarm; I saw the prisoner running; Mr. Laver was about two yards behind him; he collared him; I desired Mr. Laver to hold him fast, for he had something behind his coat; he had both his hands behind him, and I saw something drop on the ground close to his feet; it was a cushion full of pins; I marked four of them.

Are those them? - Yes.

To Mr. Laver. Look at them, and see if you know them? - Here is the same of our private marks, I think, but my son's eyes are better than mine.

THOMAS LAVER sworn.

These pins are my father's property; I know them perfectly well; they were lying against the pane of glass that was broke close to the window.

Mr. Garrow. Was it an upright window or a shew-glass window pushed out? - An upright window.

Jury. How do you know they are your father's? - There are our private marks upon them; there is P. H. which is 14 s.

(The prisoner said nothing in his defence.)

(The prisoner called nine witnesses who gave him an excellent character.)

GUILTY , Death .

The prisoner was recommended to his Majesty's mercy, by the Jury, on account of his youth and his good character.

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880227-10

163. MICHAEL HIGGINS was indicted for burglariously breaking and entering the dwelling-house of Samuel Keep , on the 13th of January , between the hours of one and two in the afternoon, and stealing a cocoa-nut goblet tipped with silver, value 21 s. a silver punch-ladle, value 10 s. a sugar bason, value 15 s. a milk-pot, tipped with silver, value 10 s. three teaspoons, value 3 s. two salt shovels, value 2 s. a greensilk gown, value 15 s. a brown sattin gown, value 15 s. a blue damask gown unmade, value 15 s. a black silk cloak, value 10 s. six linen shifts, value 2 s. six pair of cotton stockings, value 4 s. an ivory memorandum book, value 2 s. a dimity petticoat, value 5 s. a dimity table-cloth, value 3 s. and a handkerchief pin, value 2 s. the property of Elizabeth Rugg , in the said dwelling-house .

ELIZABETH RUGG sworn.

I live with my sister, but at the time I was robbed, I lodged at Samuel Keep 's; I went out about eleven o'clock on Saturday the 13th of January, and came home on the Tuesday following, between eight and nine in the evening; I left the key of the room with Mrs. Keep the landlady of the house; when I returned, I wanted something out of my box, I put the key in, and the lock fell into the box; I opened the box, and missed the things mentioned in the indictment; (repeating them); the prisoner was taken upon the Thursday following, at the King's Arms, Sydney's-alley, by Pentecost; a few of my things were found upon him, I saw them and a ladle at the Justice's.

MARY KEEP sworn.

Mrs. Rugg left the key of the room with me when she went away; I had a little boy slept in the room every night; he slept with her when she was at home; the prisoner came every day for a week together, to a lodger in the adjoining room, he passed for his brother, they had been but a week in the lodging; he came about one o'clock on the 13th of January, I told him the people were not at home; he said that did not signify, he had got the key of the room; about two o'clock, or a little after,

I saw him go out with a large bundle done up in something like a table-cloth; the other man came in about half an hour before he went out; I told him his brother was above, and he went up stairs; as soon as the prisoner was gone, I went up, but did not miss any thing, 'till Mrs. Rugg came home; upon missing the things I had the lodgers taken into custody, the prisoner was taken on the Thursday; he acknowledged he had done it, and cleared them by saying, they were not concerned with him; there was some of my property taken upon him.

Did you see the property taken from him? - No, but my husband did; he is not here.

THEOPHILUS BUTCHER sworn.

About the 17th of January I was called upon to apprehend Higgins, the corner of Sydney's-alley; when I came there he was gone to the watch-house; I followed him and searched him, and found these things in the hind part of his breeches; (producing an ivory pocket-book, an housewife, an handkerchief, and a pin); after that I went to a silversmith's in St. Martin's-lane, where I heard some of the things were sold; there I found a ladle, which the man will produce.

To the Prosecutrix. Do you know those things that are produced? - Yes, I do; the memorandum-book and housewife were in the pockets that were taken out of the box; I cannot swear to the handkerchief and pin, they are like mine, but I should not chuse to swear to them, others may be like them; the ladle is found, the silversmith said the other things were melted down.

Butcher. I found a duplicate upon him, with the prosecutrix's name in it.

(It was produced and deposed to by the prosecutrix.)

JOHN HILL sworn.

I was servant to Mr. Price, silversmith in St. Martin's Church-yard, I left him this week; I have a punch-ladle I bought of the prisoner, about six or seven weeks ago, I believe on a Monday, between the hours of eight and eleven; I bought the mounting of two cocoa cups; he said he sold them for an old lady; he desired me to take care not to spoil the cups in taking the silver off; I did, and as I was taking the pins out one by one, he seemed in a hurry, and told me then not to mind breaking the cup; I bought them together, but reckoned four shillings and six-pence, or five shillings and six-pence, I can't say which, for the lady; I sent it to a workman to take the bruises out, it was in his hand eight or ten days, till the Justice sent down to me; I am certain I received it of the prisoner.

(It was produced in Court, and deposed to by the Prosecutrix.)

To the Prosecutrix. What is the value of the things that are found? - About seven or eight shillings.

Prisoner. I leave my defence to my Counsel.

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

GUILTY Of stealing the goods, to the value of 5 s.

Tried by the first Middlesex Jury before Mr. RECORDER.

[Transportation. See summary.]

Reference Number: t17880227-11

164. WILLIAM HILL and PHILIP BONO were indicted for burglariously breaking and entering the dwelling house of William Houghton , on the 12th of January , between the hours of six and eight in the night, and stealing two printed cotton gowns, value 16 s. a linen sheet, value 2 s. a calico bed-gown, value 1 s. 6 d. a muslin handkerchief, value 2 s. a flannel petticoat, value 2 s. a napkin, value 2 s. a linen table-cloth, value 2 s. a line pron, value 1 s. 6 d. and a looking-glass, value 6 s.

the property of John Batson , in the said dwelling-house .

JOHN BATSON sworn.

I live in the house of William Houghton , in Virginia-row ; on the 12th of January I went out to my daily labour, at six in the morning, and returned about a quarter after eight at night, and understood from my wife that we had been robbed; I applied to the officers, and they informed me they had two young men in custody; this was on the Saturday; I went on Monday to Justice Wilmot's, and saw some of my things there.

ELIZABETH BATSON sworn.

I am the wife of John Batson , we lodge in the lower apartment of Mr. Houghton's house; on the 12th of January, between six and seven o'clock at night, I went up two pair of stairs to my landlady's room to light a candle; I might stay the value of half an hour; when I came down I found some of my things out of the drawer, which gave me a suspicion that I had been robbed, I looked in the drawers, and found that I had lost all that I had; my door and the street-door were shut when I went up stairs, when I came down I found the doors as I left them, the window was broke open, the holdfast was broke away, it was tied with a double string, that was cut, and the casement very much bent; one pane of glass was broke, and two or three cracked; it was all safe when I went up stairs.

Where did that window look into? - The street, there was the mark of a foot down the inside of the wall, below the window.

Was day-light gone when you went up stairs? - Day-light was not quite shut in, they were gone before I came down stairs; I missed all the things mentioned in the indictment.

(Repeating them)

SARAH DUMONG sworn.

I work in Virginia-row, I was going for a penny candle about half after seven o'clock, I saw the two prisoners pass over from the corner of Batson's house, and I heard William Hill say to Philip Bono , in a low voice; see if there is any body in the chandler's shop; I was surprised, I went in for the candle, and when I came out they were gone.

How came you to take notice of them? - Because Philip Bono looked me in the face.

Did you know them before? - No, I never saw them before in my life.

How came you to know their names so well? - Because they were mentioned at the Justice's on the Monday.

Was it dark? - It was half after seven o'clock; they had nothing with them that I saw.

JOHN ARMSTRONG sworn.

On the 12th of January, as the bell rang at eight o'clock, Shakeshaft, Harper, and I, met the two prisoners near Petticoat-lane; Hill had a bundle, I laid hold of him, and he dropped the bundle, I gave him to Harper, the other ran away; I pursued him, and catched him as he was laying this glass down by a wall; I brought him back, and in the presence of Hill, he said he gave them him to carry, and Hill never denied it.

Was this near Houghton's house? - It was about a quarter of an hour's walk from it.

WILLIAM HARPER sworn.

I got this bundle (producing it) out of the kennel, after Armstrong delivered the prisoner Hill into my hand; I saw him throw the bundle away; I did not see the other till he was taken.

Did you hear the prisoners say any thing? - I think I heard the little one (Bono) say the other gave him the things to carry.

(The things were produced in Court, and deposed to by the Prosecutrix.)

PRISONER HILL's DEFENCE.

Is it probable, if I dropped the bundle, that Armstrong would not have taken it up?

PRISONER BONO's DEFENCE.

I never had the glass, I know nothing of it; I was going along, I heard somebody say, stop thief, shoot him, and a man up and hit me with a stick, and said I dropped that glass; I never had it.

Hill called two witnesses, and Bono four, who gave them a very good character.

BOTH GUILTY, Of stealing the goods, but not guilty of burglariously breaking and entering the dwelling-house .

Tried by the second Middlesex Jury before Mr. RECORDER.

[Transportation. See summary.]

Reference Number: t17880227-12

165. WILLIAM SMITH was indicted for burglariously breaking and entering the dwelling-house of George Porter , Esq ; on the 30th of November , about the hour of seven in the night, and stealing a carpet, value 15 s. the property of the said George, and two linen shirts, value 4 s. and four guineas, and two half guineas in monies numbered, the property of Charles Morieux , in the said dwelling-house .

(The witness being a foreigner , an interpreter was sworn.)

CHARLES MORIEUX sworn.

I live at Captain George Porter 's, Bolton-street ; in the month of November, I don't remember what day, it was between seven and eight o'clock, I was sitting writing in the garret, and three men came in, I don't know how they got in, for the door was shut, there was nobody in the house but me.

Do you know whether all the doors and windows were fast below? - They were all shut; I locked the door myself at half past six o'clock.

Did you look afterwards to see by what means they got in? - No, I was so frightened I was not able to look; I sent for the girl of the house to see if any thing was taken away; they took four guineas in gold and four half guineas from me, and two new shirts, and a black waistcoat; they were in a box; and they took the parlour carpet; as they were going down, I rang the bell and cried out, and they escaped through the parlour window.

Do you know the prisoner? - No, the fright I was in, made me lose all memory of them.

JOHN SHERWOOD sworn.

I found this carpet (producing it) about the first of December, in a cupboard in the house of Mrs. Burkitt, in consequence of an information through Fleming; Macmanus was with me when I found it.

ELIZABETH BURKITT sworn.

This carpet the prisoner brought to my house about three days before it was found, Fleming was at my house when he brought it; the prisoner came to ask for Fleming, two other men came in; what passed afterwards I do not know, for they went out of doors.

Fleming made use of your house as a place for concealing stolen goods? - He left things four times with me till called for, I never knew the contents of them.

You know we knew all these transactions before; did not Fleming make use of your house to leave goods in, that he bought of this description; plate and other things? - I never saw a bit of plate in my life.

WILLIAM FLEMING sworn.

On Friday the 30th of November, about eight o'clock, I went to Mrs. Burkitt's to buy a bit of fish for supper.

You had used Mrs. Burkitt's house to leave things you bought of this description? - Yes, I had; while I was there the prisoner brought this carpet, and asked me to buy it; but he said he would not dispose of it till two other men came in, John Durham and William Waine .

Durham was convicted at a former sessions?

- Yes, the other is not taken yet; Durham asked fifteen or sixteen shillings for it; I said it was a Scotch carpet, and worth no such money; I paid nine shillings and six-pence, and they divided the money; neither Smith, nor any of them in his presence, told me where they got it.

You carried on the ostensible business of a pawnbroker, and have, all the time you have been in business for yourself, bought goods of this description? - Not all the time.

You was taken up on another account? - I was sent for on Mrs. Burkitt's being in custody, to Sir Sampson Wright's, and he asked me if I knew the woman.

On that you offered to make a full discovery on being protected? - I did.

CHARLOTTE COOPER sworn.

I was at Mrs. Burkitt's; the prisoner brought the carpet there on a Friday.

THOMAS DAWSON sworn.

I sold that carpet to Captain Porter in the month of March last; it has a particular mark in it; the pattern runs imperfect all across; the leaf is turned the wrong way; I never saw one so before.

Morieux. I am sure it is the same carpet; there is a hole in it, by which I am able to know it.

The prisoner did not say any thing in his defence.

GUILTY, Of stealing the goods; but not guilty of burglariously breaking and entering the dwelling house .

Tried by the second Middlesex Jury before Mr. RECORDER.

[Transportation. See summary.]

Reference Number: t17880227-13

166. GEORGE TALBERT and THOMAS FRENCH were indicted, for burglariously breaking and entering the dwelling-house of Thomas Wheeler , on the 27th of January , about the hour of six in the night, and stealing six quartern loaves of bread, value 3 s. and two twopenny loaves, value 4 d. the property of the said Thomas, in his dwelling-house .

THOMAS WHEELER sworn.

I live at the corner of Gerard-street, Soho ; the prisoner French was my servant ; I had lost bread several times. On Monday morning, the 27th of January, about six o'clock, immediately as the bread was drawn, and brought up into the shop, my wife and I got up; I heard the bar taken down, and the door open; it was opened on the inside; I was called by the watchman; he had taken Talbert, with the bread upon him; it has my mark upon it; it should be a W, but it has one side broke off, and is like an N.

Counsel for the prisoner. Will you undertake to swear that the bread had not been purchased in your shop? - If it had, the money never came to me; I never sold it.

Had not your servant sold it? - If he had, he had not remitted the money to me.

You will not undertake to swear it had not been sold in your shop? - I cannot swear that.

Court. Where did you see the bread after it was taken away? - In a sack in the watch-house; I went there in consequence of an information.

Was French in the habit of selling bread for you? - Yes; he carried bread out, and served occasionally in the shop.

If any body came very early for bread, French being in the shop would have sold it? - Yes.

RICHARD ELLIOTT sworn.

I am a watchman. On the 27th of January, about a quarter before six in the morning, I saw the prisoner Talbert walking backwards and forwards before Mr. Wheeler's shop; Mr. Wheeler had lost bread several times, and desired me to watch;

just as the watchmen had cried the hour of six I saw him go up to the door; I heard somebody on the inside undo the bar, and he lifted up the latch, and went; and I saw French put six quartern loaves, and two two-penny ones, into a bag he had with him; he twisted the bag up, put it across his shoulder, and went across the road.

Jury. Did you see any money pass at that time? - Not a farthing; he came directly out; I followed him till he came to the corner of Macclesfield-street, then I crossed the way, and told him he must go with me to the watch-house; I left him and the loaves at the watch-house, and went back to Mr. Wheeler's shop; I called the watchman, and then knocked at the door; I knocked three times before he would open it, then French listed up the bar, and opened the door, and I gave the watchman charge of him till I called Mr. Wheeler; Mr. Wheeler came immediately; he desired him to forgive him; he said he had never done such a thing before; we then took him to the watch-house; I have had the bread in my possession ever since.

What did Wheeler charge him with? - I don't know what Wheeler said.

Counsel for the prisoner. Had not Talbert time enough, when he went into the shop, to throw down the money for the bread before you came up? - No, not without my seeing him.

When French asked his master's pardon, you don't know whether it was for having stolen the bread, or having trusted a man his master would not trust? - I cannot say that.

GEORGE ROSS sworn.

I am a watchman; the last witness called me, and I went with him to Mr. Wheeler's, and he gave me charge of French.

Did you hear any thing Mr. Wheeler said to French? - He said he was very glad he was taken; that he had been robbing him for some time; French said, I hope you will forgive me for this time; Wheeler said, do you think I will forgive you, when you have robbed me while I was asleep?

Counsel for the prisoner. A man may rob his master by taking his property without his knowledge; or by selling his property without his knowledge; and keeping the money; in which of these senses did he charge him with robbing him? - I don't know; that is what he said.

THOMAS POTTER sworn.

I am foreman to Mr. Wheeler; I made the bread, and marked it, and drew it out of the oven, on the Monday morning; the bake-house is backwards, under ground, French carried them up into the shop; when I counted them in the shop, there were six quartern, and two two-penny loaves missing.

The loaves were produced in Court, and deposed to by the prosecutor.

The prisoners both left their defence to their counsel.

They called each of them two witnesses, who gave them a good character.

BOTH GUILTY, Of stealing the goods; but not guilty of breaking and entering the dwelling-house .

Tried by the second Middlesex Jury before Mr. ROSE.

[Transportation. See summary.]

Reference Number: t17880227-14

167. WILLIAM OATES was indicted for burglariously breaking and entering the dwelling house of Alexander Davidson , on the 27th of January , about the hour of eight in the night, and stealing a silk cloak, value 10 s. a muslin apron, value 5 s. three linen shirts, value 10 s. a pair of nankeen breeches, value 3 s. and a check apron, value 1 s. the property of the said Alexander, in his dwelling house .

ALEXANDER DAVIDSON sworn.

I keep a house, No. 11, John's-hill, Ratcliffe High-way . On Sunday, the 27th of January, I went out about six

o'clock in the evening, there was nobody at home; I left the house locked up; I returned about eight o'clock, and found the parlour window wrenched open; the bolts wrenched off, and part of the shutter broke; they open in the middle; there was a bolt across, and one at the bottom; the shutters were bolted when I went out; the parlour is on the ground floor; there was a pane of glass taken out of the window to open the sash; I lost the things mentioned in the indictment (repeating them); they were in the closet in a chamber up stairs; the chamber door lock was picked; I locked it before I went out; I saw my things afterwards at the Justice's office.

Mary Davidson , the wife of the prosecutor, who went out and returned with him, confirmed his evidence.

GEORGE FORRESTER sworn.

I am a constable. On Sunday evening, the 27th of January, Orange and I were coming along Back-lane; I met the prisoner running with a bundle under his arm, wrapped up in a black cloak; I stopped him till Orange came up; I asked him what he had got; he said he was coming from Black-wall, that the things were his mother's; he was going to carry them to the other end of the town; when I had secured him, he said, take the property and let me go about my business; I said I would do no such thing; he said there were those officers that would; we took him to a public house to examine the property, and when we came there it wanted twenty minutes of eight o'clock; I found upon him a knife, with a turn-screw at the end of it; Orange has had the things ever since.

JOHN ORANGE sworn.

I am an officer belonging to the public office, Shadwell; I took the things from under the prisoner's arm, while Forrester had hold of him; I only confirm his evidence.

The things were produced in Court, and deposed to by the prosecutor.

PRISONER's DEFENCE.

I was just come from Blackwall; I met with a man with two bundles under his arm; he asked me where I was going? I said to Oxford Market; he asked me to carry one to Red Lion-street, and said he would give me two-pence, and treat me to three penny-worth of crank; I took one, and as I was going along this man stopped me.

GUILTY , Death .

Tried by the second Middlesex Jury before Mr. ROSE.

He was humbly recommended by the prosecutor, to his Majesty's mercy.

Reference Number: t17880227-15

168. JOHN NIGH was indicted, for burglariously breaking and entering the dwelling house of Mary Clarke , widow , on the 24th of January , about the hour of seven in the night, and stealing ten yards of printed calico, value 20 s. the property of the said Mary .

DANIEL TURNER sworn.

Do you know Mary Clarke ? - Yes, she lives in Duke-street, Manchester-square ; I am her son-in-law, and shopman; on the 23d of January, I was sitting in the middle room behind the shop; about seven in the evening, I heard a crush at the window; I went to the door, and could not open it, it was tied with a cord; I broke the cord; a Mr. Clarke came out, and said, a piece of cotton was taken out; he followed the young man and took him, I did not; I know nothing at all of the man; I got up with Clarke and the prisoner, and took up the property in the middle of Henrietta-street, and said, it was my property.

Was it Mrs. Clarke's property? - Yes.

Mr. Garrow. How long have you been in partnership with Mrs. Clarke? - I am not in partnership at all.

It is her dwelling-house, is it? - Yes.

How came you to say it was your property? - It was.

Have you any wages? - No.

You have share of the profits? - I have money when I please.

You have been in no business before? - I was a linen-draper; I left off by my misfortunes.

Have you got your certificate made out? - No.

Who was your partner? - No one.

How long is it since you was a bankrupt? - Two years and a half.

Where did you live? - In Newgate-street.

How soon after you was a bankrupt, did you set up in the business of a linen-draper? - About six or seven months ago.

Where did you buy your first stock in this shop? - I cannot recollect; I believe at Mr. Clare's, in Bucklersbury.

Upon your oath? - I cannot recollect upon my word.

Upon your oath, was it not a part of that stock which had been yours before you became a bankrupt? - No.

It had never been in your shop before? - No.

Will you swear that? - Yes.

Then tell me where they came from? - I cannot recollect.

Tell me one man you have dealt with? - Mr. Clare, Bucklersbury, and Mr. Shaw, King-street.

How often do you take stock? - Every six or seven months.

Did you ever settle your books with your mother? - No.

What dividend has been paid your creditors? - Five shillings and sixpence in the pound.

Was your mother a creditor under the commission? - No.

Court. You have no wages? - No.

Your wife and you live in the same house with your mother? - Yes.

How long is it since your mother took that house? - At last Midsummer.

You took money as you wanted from the profits of the trade? - Yes.

Did you pay the general expence of house-keeping for your wife, your mother, and every thing? - Yes.

Have you opened an account in your name in the books with your mother? - No.

Court. Gentlemen of the Jury; the least you can understand is, that the business is carried on for the joint benefit of the family, without any account rendered to the person, in whose name it is carried on; therefore the property is wrong laid in the indictment.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17880227-16

169. JAMES DIXON was indicted for that he, in the king's highway, in and upon Edward Hickey , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person, a gold watch, value 20 l. a steel chain, value 10 d. and a cornelian stone seal set in gold, value 10 s. the property of the said Edward , January 20th .

EDWARD HICKEY sworn.

On the 20th of January about 10 o'clock, I was coming out of Drury-lane Play-house , it was Mrs. Siddons's benefit night; I was conducting a lady into her coach, the door of which was open, and there was not the least appearance of a croud, to alarm me with the idea of pick-pockets; therefore I was totally off my guard; there were a press of people came, and shoved the lady against the wall, and in less than half a minute, I missed my watch; I did not feel it instantly; I was alarmed for the lady, who was violently pressed against the wall with myself; I followed the prisoner, he was one that seemed to be running away from the spot immediately; upon my seizing him, a woman in the street told me, that that was the man, and I committed

him to the constables, and they took him to the watch-house.

Was your watch found? - No; it was a gold watch, double cased, with a chain and seal.

MARIA WYNNE sworn.

I live in Duke's-court, Bow-street; I was going along Russel-street; I wanted to cross the way, and could not for some coaches that were passing; the prisoner and another stood up at the Blue-posts; I heard them say, they had not met with any success in Covent-garden; they were going to Drury-lane to see what they could do there.

Which of them said that? - I cannot be positive; I turned round and looked the prisoner in the face; when I was at the door of the Rose Tavern, in Bridges-street, the prisoner and the other man came by again; at that time, this gentleman and lady came directly out, and the prisoner and two others pressed them very much, particularly the lady; they pushed her up against the wall, and she cried out; while the gentleman was handing the lady into the coach, the gentleman's hands were both up, and I saw the prisoner take the watch; I immediately told the gentleman; the prisoner attempted to run away, and I pointed him out among the coachmen.

Did he get out of your sight? - No, he was never out of my sight, from the time he took the watch till he was stopped.

Did you observe what he did with it? - I cannot be positive, I was in such a flurry.

JOHN SHERWOOD sworn.

Upon the 20th of January, being at the play, I heard the cry of, stop thief! I went immediately; the last witness pointed out the prisoner; I took him into custody, and searched him, but found nothing upon him.

PRISONER's DEFENCE.

I had been to see an acquaintance in Clare-market, and was going home; going by the corner of Bow-street, the gentleman said, he had lost his watch, and this woman said, I was the man; he seized me, and searched me, and let me go again, and a coachman said, there were three or four men ran across the street just now; I dare say they have got the watch.

Sherwood. The prisoner attempted to knock the woman down; I had the hardest matter in the world to save her.

GUILTY, Of stealing the goods, but not of the robbery on the highway .

Tried by the second Middlesex Jury before Mr. RECORDER.

[Transportation. See summary.]

Reference Number: t17880227-17

170. WILLIAM RICHARDSON was indicted, for that he, in the king's highway, in and upon Edmund Nash , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person, a metal match, value 40 s. a cornelian seal, in gold, value 40 s. a gold watch key, value 5 s. and a gold book, value 2 s. the property of the said Edmund , on February 4th .

There was not any evidence in the least to affect the prisoner.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17880227-18

171. THOMAS ESTOL , otherwise WINDSOR TOM , SAM CRAFTS , and JOHN MUNDY were indicted, the two first for stealing an heifer, value 5 l. the property of James Scott ; and the other for receiving the said heifer, knowing it to have been stolen , February 15th .

(The witnesses were examined apart at the request of the prisoners.)

JAMES SCOTT sworn.

I live in Duval's lane, Islington ; on the 15th of February, between five and six in the evening, the heifer was at my door; we always keep this and another at the door, it eats the offal hay that the other cows will not eat on the common opposite my door.

When did you miss her? - My boy missed her between seven and eight the next morning; I found her between nine and ten the same morning, at Mr. Mundy's, in Red-lion-alley, Cow-cross; when the boy told me, the little black Scotch heifer was lost, I went into the road, and saw the track of the heifer; I followed the track as far as the pound, Holloway, and through the turnpike gate into Panton-street, and there on the red gravel I lost it; I went toward Battle bridge, and found the track again, and followed it on the stones; I then went into the alley where Munday lives, there I saw the track again; I went to the slaughter-house; it was locked; I peeped through, and saw the heifer tied up, ready for knocking down; I left my boy to watch her, and I went to the Justice's, and got the door broke open, and went and took Munday in his own house, at breakfast; he said, he did not know how it came there, but that he ordered it to be tied up and some hay to be given it; there was a man said, he would be d - d if he did not see such a person bring it in; I do not know any thing farther.

Mr. Garrow. Mundy keeps a common slaughter-house? - Yes.

It is a very public place? - Yes.

How long had the beast been missed before you found it? - About an hour.

Had this beast never had a calf? - No, or it could not have been an heifer.

WILLIAM BLACKMAN sworn.

I went with Mr. Scott to Mundy's; we found the black heifer in the slaughter-house; we broke open the door; we took Mundy at his own house; he said, the heifer was brought down there, that he ordered it to be tied up, and gave it some hay himself; he said, he did not know the people that brought it; he said, he thought it was a pity to kill it; we took him to Justice Blackborow's.

EDMUND LAVENDER sworn.

Last Saturday morning I went to South-gate, upon an information from Mundy against Crafts; Mundy was taken up.

Was he examined? - Yes; I was at the first examination; Mr. Blackborow had had several conferences with him.

Mr. Garrow. Mundy was examined under a promise that he should not be prosecuted? - I believe that to be the case; and I believe every body else understood it so.

Where did you find Crafts? - At South-gate; when we got to the door, a woman said, Sam, Sam, the men are come for you; he was rather frightened; and he said to Isaacs, can you tell how this business is? is that rogue Mundy an evidence?

Was he told what he was taken up for? - No; Isaacs told him he did not know any thing about the business; I told him you may make yourself easy; he is not, but Ruddy is; when I told him Lyons was an evidence, he said, if he did not tell every thing that he knew, he would do him over; as we came along, there was a man going across the fields like Mr. Scott; Isaacs called, Scott, Scott; Crafts said, that is not Scott, nor are those his houses, for they are a mile farther; I know no more, except the prisoner being brought and committed.

THOMAS ISAACS sworn.

On the information of Mundy, I and Lavender went and apprehended Crafts.

Did you tell him what he was taken up for? - Yes.

Was Lavender with you? - Yes.

Did he hear all that passed; - I believe he did.

What did he say when you told him what he was taken up for? - He asked me what I knew of the business; I told

him I could say nothing about it; he asked me if I knew who was the evidence; I told him, I could not particularly tell; he asked me, if Munday was; I would not give him any particular answer; upon that we proceeded to London.

Did any thing particular happen in the way to London? - Yes; coming across the fields, he seemed to be rather down upon himself.

Did any thing particular pass? - Not very particular.

Did you meet any body, or speak to any body? - Yes, at the Sluice-house; as we came along we stopped and had something to drink.

Did you meet any body going across the fields? - There was a man walking in the fields; I thought it had been Scott, but Crafts said, no, that is not Scott, Scott's house is a mile distant from there; oh! says I, I had forgot what field I was in.

Mr. Garrow. You heard all Lavender's conversation, and he was in a situation to hear all you said? - Yes.

You heard all he said of course? - Yes.

This man was brought to town in perfect ignorance who had given information against him? - Not particularly.

Did you tell him of any body else? - No.

Did Lavender? - I do not know that he did.

You told him what he was taken up for? - Yes.

Was Lavender by? - Yes.

JOHN EMERY sworn.

I am a butcher, I live at Cow-cross, I saw the heifer about seven o'clock in the morning at Cow-cross.

Who was with her? - That young man that stands there.

(Pointing to Crafts.)

Any body else? - No; I asked him where he was going with her; he said to Mundy's slaughter-house.

What is Crafts? - A drover.

Did he say where he brought her from? - From the Bear and Ragged Staff, Smithfield.

Do the drovers carry cattle to the slaughter-house ever? - Yes, they bring them down for the butchers.

Did he say whose heifer this was? - Yes; he told me it belonged to Mr. Swain in Thames-street.

You did not see Mundy upon the business? - No.

Mr. Garrow. What day of the week was it? - Last Saturday week.

Mundy's slaughter-house is a public one? - Yes.

It is a very common thing for drovers to drive beasts to the slaughter-house for drover? - Yes.

They are taken in of course? - Yes.

People in Mundy's slaughtering-house are paid so much for slaughtering - Yes.

They could soon have dispatched the heifer if they had chose? - Yes, I could have dressed it in about an hour.

WILLIAM LYONS sworn.

You have been taken up for this fact? - Yes.

You are the man called Ruddy? - Yes.

You was concerned in the robbery? - No.

You were taken up for it, and admitted to be an evidence as an accomplice? - Yes.

Court. What were you charged with? - Upon suspicion of stealing it.

They said they would hang you, if you could not put it upon somebody else? - No; about six o'clock in the morning, last Saturday week, I was called up by Crafts, I went with him to Cow-cross, and met Mundy; Crafts and Mundy talked together.

Did you hear what they said? - No, Mundy left Crafts, and he and I went and got a pint of purl; we had not been there long, before Windsor Tom called me out, and said he wanted Crafts; they said they wanted Mundy or my master, I cannot tell which.

Are you a servant of Mundy's? - Yes, they had some discourse, but what I cannot tell; Mundy and I went up the cross; after that we met Crafts at the top of the alley, and we all went together.

Where was the heifer when you first saw it? - In the slaughter-house.

You did not see who brought it there? - No, my master told me to tie it up, and I did.

When you went first it was loose? - Yes.

Mr. Garrow. You and Crafts are not upon very good terms? - We never quarrelled; Lavender would have had me said that, that I never thought of.

What did Lavender want you to say? - He wanted me to say that I was a party concerned with Crafts in stealing it.

Did he tell you any thing about the reward? - Nothing.

That he kept snug, intending to have it himself; he knew it was false at that time? - Yes, for I had a witness what time I got up.

Scott. After Mundy was taken up, Lavender over and above persuaded me to admit Mundy an evidence; I said I could not swear to any body else but where I found my property; I said openly in the Court, that all the people between here and St. Paul's, should not persuade me to admit him an evidence; Lavender said, I suppose you want to massacre the man, but I'll get him through, I'll be bound.

Are you sure the heifer you found at Mundy's, was your heifer? - Yes, I knew it perfectly well.

PRISONER CRAFTS's DEFENCE.

I saw a man coming down St. John's-street, with a black heifer, and he gave me six-pence to drive it to Mr. Mundy's, he bid me tell him it belonged to Mr. Swaine in Thames-street; I met Mr. Mundy, and told him it was a heifer of Mr. Swaine's, Thames-street.

PRISONER MUNDY's DEFENCE.

I desired Lyons to tie up the heifer, and ordered the boy to give it some hay; Lyons locked the door, and locked it in, that if I should hear any body had lost it they might have it again; I said I fancied it was heavy in calf, that I believed it belonged to Mr. Marsh of Hampstead, he had just such another; I had not time to send to any body when Mr. Scott came; I said, Sir I am very glad you have got it again.

(There being no evidence to affect Estol, he was not put on his defence.)

(Crafts called three witnesses, who had known him from his infancy, and gave him a good character.)

ESTOL, NOT GUILTY .

CRAFTS, GUILTY , Death .

MUNDY, GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

[Transportation. See summary.]

Reference Number: t17880227-19

172. RICHARD COLEMAN was indicted for burglariously breaking and entering the dwelling house of John Harding , on the 26th of December , about the hour of seven in the night, and stealing a wooden box, value 6 d. four hundred guineas, and two hundred guineas in monies numbered , the property of Sir James Esdaile , Knt. Peter Esdale , Esq. Benjamin Hammett , Esq . and William Esdaile , Esq.

A second Count, laying them to be the property of John Matlock and Samuel Francis .

A third Count, laying them to be the property of John Hobson , John Prior , Benjamin Fairfax , and John Harding .

The witnesses examined a part at the request of the prisoner.

CHARLES HOLMES sworn.

I am porter to Sir James Esdaile , Peter Esdaile , Sir Benjamin Hammett , and William

Esdaile; on the 26th of December, I took from Sir James Esdaile's in Lombard-street, a box with five hundred guineas, I counted them myself, it was in guineas and half-guineas, I don't recollect how many of each, there might be one hundred in half guineas, I packed them up in a small box, eight inches square, covered with paper tied up, and sealed in two places; I carried it to the Green Dragon Inn, Bishopsgate-street , I delivered it to Sarah Brickwood in the ware-house; it was then half after seven o'clock at night.

Mr. Garrow. You did not pay the carriage of this parcel to Cambridge? - No, I paid two-pence.

It was not entered as cash? - No.

They advertise not to be answerable for cash, unless booked as such? - I believe that is common with inns.

Was there any thing remarkable in the guineas? - They were all weight, I weighed three hundred that were doubtful.

SARAH BRICKWOOD sworn.

My husband is book-keeper to the Cambridge coach.

Where is your warehouse? - Adjoining to a parlour and stair-case, and bed-rooms, in Mr. Harding's house; Holmes came to our house about half after seven o'clock, and brought a square parcel in whitish paper; I took it, and put it with the other goods.

Was it sealed? - I did not take any particular notice because I knew Mr. Holmes; there was a lad came at the same time with a parcel from Mr. Stokes's; the prisoner came to me; he stood with his arms across; he had a blue coat, with a red collar, and a red waistcoat on; he said, what time do you expect the Cambridge coach? I said, I do not know; about ten minutes after, I locked the warehouse door and tried it, and went to warm me; when I returned, the lock was picked, and that parcel, and the parcel brought from Mr. Stokes's were gone; the parcel in white paper attracted my attention, I missed that immediately; I never saw the prisoner afterwards.

Are you sure the prisoner is the man? Yes, I took particular notice of his mouth and nose.

Counsel for the prisoner. Have you always kept to this story, that you could recollect the person of the prisoner? - I do, and always did.

Did you swear to him at your first examination at Bow-street? - I said, I really thought he was the person; I knew him by his mouth and nose; I said the same then as I do now.

How did you find the door on your return, open or shut? - It was standing a-jar; I locked the door, and took the key with me.

Did you see any body else in the yard? - No.

Are you sure he is the person now? - Yes; I am positive.

Is there any thing to induce you to remember him better now, than when you was before the magistrate? - No.

Had you any scruple before the magistrate at your first examination? - I said, I will not swear blank he is the person.

Had you any doubt on your mind? - No.

Did you say at first, he was the person, or like him? - I said, he was the person, or like him.

Had he the same clothes on at the office, as when you saw him? - When I saw him in the yard he had a blue coat on; he had a brown one at the office.

What waistcoat had he on? - A red one.

Had he a red waistcoat at the office? - Yes; it might be of a brighter colour than the one he had that night.

Much brighter, or a little brighter? - A little brighter.

(Her examination was produced, from which it appeared, that she swore before the Justice, that the prisoner very much resembled the person who came that night to enquire what time the Cambridge coach came in.)

You are now positively sure the prisoner is the person? - I really think he is the person.

Has this money ever been demanded of the proprietor of the coach? - No.

Did you ever understand that they were liable to make good the money? - No; we took it as a common parcel.

What time did the Cambridge coach come in? - Not till the next day in the afternoon.

ALEXANDER M'CRATCHY sworn.

I am servant to Mr. Stokes, in Goldsmith-street, Cheapside; I took a parcel to the Green Dragon, on the 26th of December, about half past seven in the evening; I saw a man walking about the yard with his hands folded; I was enquiring for the book-keeper; Mr. Holmes came, and a porter with him, and said, he knew where to find the book-keeper; and went and brought out Mrs. Brickwood, and gave her his parcel, which was covered with white paper, and I gave her mine; the man put his head into the warehouse, and asked when the Cambridge coach would come in.

Did you observe his dress? - I did not.

You cannot swear to the man? - No; she took the parcels to the farther end of the warehouse; I came out and went away.

SAMUEL STINTON sworn.

I am a porter; I was at the Green Dragon Inn, the 26th of December, about eight o'clock in the evening; there were two men in the yard; one of them asked me, which was the Bull? I told him the next inn; one, I believe, was the prisoner; but I cannot say, being in the dark and in a hurry.

You knew Coleman before? - Yes, some years.

You are not certain, whether he was the man, or not? - I cannot possibly pretend to say; they followed me out; they had nothing with them; one of them had a blue coat with a red collar.

THOMAS HIGGS sworn.

I am one of the tellers of the bank; the prisoners came to me on Thursday the 27th of December, and rendered one hundred guineas, and asked for notes for one hundred pounds; I told him he had given me a hundred guineas, and desired him to tell them again, he did and found out his mistake; he returned me the money, I weighed it, and took ninety-five guineas and five shillings, and gave him a ticket on the note office for one hundred pounds; he told me he came from Westminster; he came again in quarter of an hour; I said he could not have been to Westminster, he said no, he came from Cornhill, he received it in Cornhill, and wanted ninety pounds; I took ninety pounds of him, and gave him a ticket for ninety pounds on the same office.

Counsel. You weighed the guineas and found somelight? - Yes and returned them.

He gave you the name R. Coleman? - Yes.

DAVID PRICE sworn.

I delivered some bank notes to a person for ninety pounds, by a ticket from Higgs, he had four twenty pound notes, and a ten pound.

PATRICK MACMANUS sworn.

I went to search Coleman's lodgings, Coleman was not there; there was a woman, Mrs. Morris, she said the house and all the things in it were her's.

How do you know it was Coleman's lodgings? - He came afterwards and demanded the notes and money I took out of that house; I found two pick-lock keys under a plate in the cupboard; there was a large chest, I broke it open, and found in it a little box, like a wafer-box, with ten guineas in guineas, and half guineas, and a little book full of bank notes, to the amount of one hundred and ninety pounds; I went to Bow-street, and from there to the Bank; there was no bed in the room, there was a vice in the garret, and a number of picklock keys; I went to the warehouse and tried this key (producing it) and it opened the warehouse door.

Mr. Garrow. Where did you see Coleman after this? - At Bow-street, he came to look for his money and notes the same day.

Did he come in custody? - No.

He came voluntarily, and not in custody, to demand his money? - He did.

PRISONER's DEFENCE.

My Lord, I have nothing more to say than I am entirely innocent of the fact; as to the money, I did go to the Bank with it for notes, the teller of the bank returned me a great many that were light I took a hundred guineas, returning a great many, I said, then I must have but ninety; the place Macmanus went to is not my lodging; I left my box there; when I found it was broke open, I went to Bow-street, to know why he opened my box; he says he found the keys in a cupboard; the woman was taken before the Justice, and said none of the things belonged to me but the box.

To Higgs. There were some light guineas you returned? - Yes, there might be ten or more, I do not recollect.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17880227-20

173. ABRAHAM LEE and JOHN MYERS were indicted for burglariously breaking and entering the dwelling house of David Jones , on the 29th of January , about the hour of three in the night, and stealing four wooden casks, value 2 s. three gallons of brandy, value 15 s. a gallon and a half of rum, value 7 s. three gallons of gin bitters, value 15 s. two gallons of rasberry, value 12 s. and two live rabbits, value 1 s. the property of the said David, in his dwelling house .

The witnesses were examined apart at the request of the prisoner.

DAVID JONES sworn.

I keep the Black Horse, George-yard ; my house was broke open on Wednesday the 29th of January, in the night, the flap of the cellar was broke open.

Had you seen it fast in the course of the day? - Yes, we were alarmed by the watchman at five o'clock in the morning.

How was it fastened? - When it is shut down there is a door shuts over it, and there are two dogs go over the kirb to fasten it; that door was bolted.

How was it broke open? - The flap was forced away; I apprehend it had been pressed towards the house, and then they could raise it up; the kirb was left as it was; I lost the things in the indictment.

(Repeating them.)

THOMAS HARPER sworn.

On the 30th of January in the morning, I saw Lee with a cask under each arm; I asked him what he had got; he said he had got smuggled goods, and begged I would let him go on with them; I looked at the casks, and saw them marked with chalk, David Jones ; I said, it was clear to me they were not smuggled goods, but he had stole them; I secured him, and took him to the watch-house; I called up Mr. Wilkie, and put the liquor into his house; then we fetched the liquor to the watch-house.

Are you sure Lee is the man? - Yes.

Counsel for the Prisoner. Lee was very drunk at this time? - No, he did not appear to be drunk at all.

WILLIAM WITHERING sworn.

I am a watchman in Spitalfields, as I was going my rounds at the end of George-street, I heard somebody spring a rattle, I went up and found Harper had hold of the prisoner Lee; there were two casks of liquor with the name of Jones upon them; Mr. Wilkie called out of a window, and desired we would stop till he came down; we did, and put the casks in his house.

( John Harrison , a watchman, confirmed the evidence of the last witness.)

JOHN WILKIE sworn.

I was called up by the watch on the 30th

of January, in the morning; they left two kegs of liquor and two rabbits with me, (producing them) I have had them ever since; they had a young man in custody, but I cannot swear to him.

Counsel for the Prisoner. Where have the casks been kept? - In a garret in my house, where a lad sleeps.

Any body may come up into that garret? - Yes, any of the family might.

To Jones. You have been indicted for perjury? - No, my wife has.

Court. Look at these keggs, and see if they are yours? - I cannot read, I cannot swear to them; here is one of the distiller's men, who delivered them to me; I had casks of the same size, with the same liquor in them; one is raspberry gin, and the other is gin bitters.

What is the value of a keg of raspberry? - Four shillings and three-pence a gallon; a keg holds three gallons; the gin bitters are worth the same.

SAMUEL CASLAND sworn.

I am a carman to Mess. Bird and Wood, distillers and rectifiers in Lion-street; these casks have my master's name upon them, and I delivered two of them and a cask of gin to the prosecutor, the name is burnt in

"B." and

"W." there is bitters in one, and raspberry in the other; I never taste the liquors, but there was

"Bitts." for bitters, marked with chalk, and

"Jones" under it; the other is

"Ras" that is what we call raspberry, and

"Jones" in chalk below; I delivered them some time in December, I cannot tell the day; we sign our name in the book before we go out.

Counsel for the Prisoners. Mess. Bird and Wood are very large dealers, and all their casks are marked B. and W? - Yes.

That is the common size of casks for the public trade? - Yes.

You put the name of Jones, which is the commonest name in town, to every cask that is sent to every person of that name? - Yes.

If Jones had sold it to any person, it would have appeared with the same marks? - No doubt.

Court. How many Jones's deal with your master? - I believe there is one other Jones.

THOMAS CRAFT sworn.

I am shopman to Mess. Bird and Wood, distillers, the mark on these casks is my own mark, I do not recollect when they were sent; my business is to send them away by the carman.

Counsel for the Prisoners. If twenty casks went out in the name of Jones, you mark that mark upon them? - Yes.

To Harper. Where did you take the prisoner Lee? - In Wentworth-street, about three hundred yards, or not so much from the prosecutor's house.

WILLIAM BEDWELL sworn.

The latter end of January, I cannot say what day, I, Myers, and Lee, were drinking at the Gun and Holly-bush, Back-lane; we agreed to go and break open some public-house, and get some liquor; we took with us an iron crow, dark lanthorn, matches, and tinder-box; about two o'clock we set out, and went to the Black Horse in George-yard, Whitechapel; Myers lifted up the flap of the cellar window and got down; he gave us up two rabbits and four casks of liquor; Myers took two, and Lee took two under his arm; we went up Wentworth-street, Lee was about twenty yards behind us; we heard the watchman catch hold of Lee, and ask what he had got there, and Myers ran one way, and I the other; I went home to bed, Lee was taken with the liquor upon him; I was taken a great while afterwards for another robbery; then I discovered this; Myers came to me in the morning, told me he had sold the liquor, and sent Lee the money.

Counsel for the Prisoners. How long have you been a thief? - About a twelvemonth.

How long ago is it since you were tried at Chelmsford? - In July last.

That was for striking a man? - No, I

was taken up for a robbery; I was six months in gaol at Chelmsford.

You improved there, I suppose, very much; how many robberies did you plan in that gaol? - None, I never planned robberies in gaol.

How many have been executed for robberies you planned in Chelmsford gaol? - I never plan any robberies in gaol.

How many times have you carried property to Terry Finley's since that? - Three or four times.

These two rewards will be better than the robberies? - I do not expect to get nothing.

Upon your oath did not you think you should forfeit your life for this robbery which you committed singly, if you had not hooked in some other person as a companion? - I never did a robbery alone.

You turned evidence to save yourself from being hanged? - Yes.

Lee. I leave my defence to my Counsel.

(There being no evidence to affect Myers but that of the accomplice, he was not put on his defence.)

(Lee called Wm. Marden his master, who gave him a good character.)

LEE, GUILTY, Of stealing the goods to the value of 10 s. but not of the burglary .

Transported for seven years .

MYERS, NOT GUILTY .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17880227-21

174. JOHN MYERS was a second time indicted for burglariously breaking and entering the dwelling-house of James L'Homme , on the 8th of February , about the hour of seven in the night, and stealing 190 wooden bobbins, value 1 s. and a pound weight and a half of silk, value 4 l. the property of the said James; a printed cotton gown, value 8 s. a printed cotton apron, value 1 s. two shawls, value 4 s. and a printed linen handkerchief, value 6 d. the property of Sarah Good , in the same dwelling-house .

(There being no evidence to affect the prisoner but that of the accomplice, he was ACQUITTED .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17880227-22

175. EDWARD ELMES was indicted for stealing, a silver watch, value 42 s. the property of James Frost , in the dwelling-house of John Gouch , on the 27th of October .

JAMES FROST sworn.

About a fortnight preceding the 27th of October, the prisoner came to me, and told me he was in distress; he had no work and no lodging, I had known him by sight three years before; I told him he was welcome to a corner of my room, and I would try to get him, some work; he was with me till the 27th, that morning I called him up at four o'clock, he was hunting about the room; my wife asked what he wanted; he said he had lost his stocking; we were in bed; a few minutes after he said he found it, he went out of the room, I jumped out of bed; I had two watches laying in a drawer by the window, I heard but one, I was frightened, and put my hand into the drawer, and missed one of them, and cried out I am ruined! I am ruined! I had made it for Mr. Thompson; I went down stairs as soon as I could, but not time enough to catch him; I never saw him again till the 10th of January; the watch was found at Epping.

SAMUEL CATO sworn.

I was working for Mr. Scott, the lawyer, at Epping, I have known the prisoner seventeen or eighteen years; on the 25th, or 26th of October, he brought a watch,

asked me to buy it, he said he was distressed for money, that he found it in a dust basket, it wanted the minute hand; I gave him a guinea for it, and said if it went well I would give him three or four shillings more; I never knew a slippery trick of him before, if I had I would not have bought it at any rate; when he was taken the headborough came down for me, I delivered the watch to him.

LAWRENCE M'CARTY sworn.

I received the watch of the last witness.

(It was produced in Court, and deposed to by the prosecutor.)

Prisoner. I have nothing to say against it.

GUILTY, Of stealing to the value of 39 s.

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17880227-23

176. ANTHONY BRYAN was indicted for stealing a cloth great coat, value 40 s. the property of John M'Donald , on the 18th of January .

JOHN M'DONALD sworn.

I am coachman to Lord Grannard; on the 18th of January as I was in the yard, the prisoner came and asked me how I did; I came out of the stable and pulled the door after me, he followed, and I went about my business; this was a little before five o'clock, I returned about seven, and missed my great coat; about a month after I heard the prisoner was at a public-house, I got a constable and went and took him, I never found my coat again.

JOHN SCANDLING sworn.

I was in the yard on the 18th of January, a little before five, the prisoner came to me and asked me which was the coachman's stables; I shewed him, he went in, I saw no more of him.

MARY CLAYTON sworn.

On the 18th of January I was going down the yard for my pots, and saw the prisoner come out of the stable with two coats under his arm, the one white, the other blue.

Are you sure it was the prisoner? - Yes, I knew him before; I told the coachman about five minutes after; they went after him, but could not overtake him.

To M'Donald. What colour was your coat? - A green-blue.

PRISONER's DEFENCE.

I know nothing of the affair.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17880227-24

177. JAMES HAYLOCK , otherwise HULLOCK was indicted for burglariously breaking and entering the dwelling house of John Appleby , on the 1st of February, about the hour of ten in the night, and stealing a deal box, value 1 s. two pair of stockings, value 4 s. three muslin aprons, value 5 s. two linen aprons, value 4 s. three muslin caps, value 2 s. three muslin handkerchiefs, value 3 s. a flounce of a peticoat, value 2 s. a velvet housewife, value 6 d. two pair of muslin robins, value 2 s. the property of the said John Appleby .

(The witnesses were examined apart at the request of the prisoner.)

JOHN APPLEBY sworn.

On the first of February, between nine and ten at night, my house was broke open, I was in the garret at work, I was

informed of it by John Green; I went down immediately with a candle, and found the back parlour door open, I locked it myself in the evening, and had the key in my pocket; when I came into the parlour, I missed a deal box out of the fire-place; it contained my wife's linen; I examined the lock, and thought it had been opened by a false key, as the right key would not open it so easy.

Where does the window of that room look into? - Into our own yard, it was shut and fastened down.

Did you ever find any of your things? - No, I gave information at Sir Sampson Wright's the day following.

JOHN GREEN sworn.

I lodge in Berwick's-court, Mary-le-bone , Appleby lives in the same court; on the first of February, about half after nine o'clock, I saw two men in our apartments going down stairs, I came out and laid hold of one, and he said I believe they are not at home; I suspected them, I followed them down the court, and saw them go into Appleby's; I stood there about five minutes; I saw the prisoner stand at the door, and about five minutes after, I saw another man come out with a box; that man I don't know; the prisoner received the box, and they went up the court; I followed them, and then went and alarmed the landlord.

How came you not to stop them? - He was an officer at Justice Reid's when I knew him first, and I could not tell whether it was a robbery or no, till I came back and alarmed the landlord.

Are you sure it was the prisoner? - Yes, positively.

How long had you known him? - It might be a year and half, I cannot say to a month.

Have you known much of him lately? - Not much.

What light was there in the court? - Only the lamps.

Prisoner. What kind of a box was it? - A deal box, near a yard long.

MARY APPLEBY sworn.

I went out about six o'clock in the evening, I tried the back parlour door before I went out, and found it locked; I left the things mentioned in the indictment (Repeating them.) They have never been found.

JAMES HUTCHISON sworn.

I live in the same court with Appleby, about a quarter after nine I saw two men in the court, one of them went into Appleby's, the prisoner stood at the door, and the other came out with a box, and gave it to the prisoner; he carried it with the tail of his coat; Green was with me.

Did you know the prisoner before? - No.

Are you sure he was the man? - Yes, I am quite certain of it, I passed him quite close by him.

Why did not you stop him at that time? - I did not think of it then; I followed him to the end of the court, and saw him throw it upon his shoulder; Green went back to alarm Appleby, and left me to watch; I could not stop him.

The constable who apprehended the prisoner deposed, that when they told him what he was taken for, he wanted to turn evidence.

PRISONER's DEFENCE.

I think it is very hard I should be charged with a thing that I know nothing of; I expected a friend from Uxbridge this morning, that I spent the evening with the night the robbery was committed; but he is not yet come.

GUILTY , Death .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880227-25

178. MARTHA CUTLER , SARAH COWDEN , and SARAH STORER were indicted, for that they, on the 9th of February , in the king's highway, in and upon Henry Solomons , did make an assault, putting him in corporal fear and danger of his life, and taking from his person, a man's hat, value 10 s. the property of the said Henry .

A second Count, for that they, in a certain dwelling-house, did make an assault, putting him in corporal for and danger of his life, and taking from his person, fourteen guineas, and 10 s. in monies numbered, the property of the said Henry.

(The indictment was opened by Mr. Knowlys.)

(The witnesses were examined apart at the request of the prisoners.

HENRY SOLOMONS sworn.

I am a glass-manufacturer ; I live in Horse-shoe-alley, Whitechapel; on Saturday, the 9th of February, about 10 o'clock in the evening, I was going to my barber's to be shaved, opposite Gun-alley ; as I was going into the shop, a fellow called me by my name; I crossed the way to him; he went up the court and I followed him; there were three or four women at the end of the court, the prisoner Storer was one, she called me by my name, Solomons; she took off my hat, and ran in doors with it; I said, I wish you would let us have none of that sun, let me go about my business; then there were two or three of them, Cowden was one of them, I cannot swear to the others; they made very bad expressions, which I would not chuse to mention, and bid me go in and fetch my hat, and they immediately came round me and pushed me into the passage; Storer was in the parlour, and said, here is the hat, come in; upon that, I went in; Cowden and Cutler immediately followed me in, they were in as soon as I; all three of them together threw me down upon the bed; it was a small room that would not hold above five or six when the bed was let down; Cowden laid upon me; Storer held my mouth fast; Cutler

stood with her back against the door; Cowden took out of my pocket fourteen guineas and some silver, which was more than ten shillings, but I will not be positive to a shilling or two; I had received the money about an hour and a half before; Storer took it from Cowden and gave it to Cutler, and she ran out with it; Cowden gave me my hat, and said, I might go about my business; I said to myself,

"by G - d I have lost all my money;" I met Benjamin Ealing at the end of the court; I told him to call the watchman, and he did.

Where were the other two women? - In the house, but I did not see Cutler till about half an hour afterwards; she was brought back by the patrol to the watch-house.

When you came out of the house, did you see the watchman? - Yes; I told him all my money had been taken away from me, and he went into the house, and took Storer and Cowden; when Storer was taken, she was going to strike me; the watchman was present; they were carried before the magistrate, and committed.

You are sure the prisoners are the same persons? - Yes; I am very sure of it.

Upon your oath, had you gone at all into the house at all willingly with these women for any purpose whatever, or was it against your will? - No, I did not go willingly, nor for any purpose of that kind.

Prisoner Storer. Did you see me that evening before you saw me in the house? - Yes; I saw her in the court.

Prisoner Cutler. There was no barber's shop near the place? - Yes; I have been shaved in that shop these eight years.

BENJAMIN EALING sworn.

I live at No. 3, Gun-court; on Saturday, the 9th of February, about a quarter after ten at night, I was coming home with my wife from market; as we were coming into the court, I heard a noise at No. 1, where the prisoners lived; I peeped into the room, it was a casement, and it was not quite shut; I saw the prosecutor lying on the bed, struggling very much; I saw Cowden lying upon him.

How did you know it was Cowden? - Because I saw her very plain with a light that was upon the mantle-piece; I had known her before she came to live in the court; Storer had her hand on his mouth, and Cutler stood with her backside against the door; I sent my wife to call the watchman; but before the watchman came, Mr. Solomons came out, and said, I am robbed, I am robbed; two women came out, but neither of the prisoners; after that, I saw Cutler run out; then I ran in and saw the prosecutor without his hat; Cowden then gave him his hat again.

Was the prosecutor then in the house, or out of the house? - Just within the house; the watchman came, and we brought Cowden and Storer to the watch-house; about half an hour afterwards, Cutler was brought to the watch-house.

How was this bed situated? - Just as you come in at the door; the window was at the side of the bed, so that you could see any part of the bed, and the foot of the bed came towards the door; upon the Monday they were taken before Justice Wilmot and committed.

Cutler. Did you see me in the room after you had taken me up by a warrant from the Rotation-office? - Yes, I saw her in the room, with her backside against the door, I had taken up Cutler and Storer that night about seven o'clock, for abusing me; Storer had cut my hand with a knife, and Cutler had taken up a poker, and struck me over the head, and cut my hat, but they were discharged, and were home again before eight o'clock.

Court. What business are you? - I deal in old copper and brass, and buy bad shillings.

JOHN ADDIS sworn.

On the 9th of February, about a quarter after ten o'clock, I was going my rounds, I was told there was a robbery in the court; I saw the prosecutor come out at the door; he said he had lost fourteen or fifteen guineas; I saw Storer in the house.

Storer. Yes, blowing the fire.

Was she blowing the fire? - No; then Cowden came in; the prosecutor was then in the house, and said, take care of that woman; for it was she that robbed me; and he said Storer had helped to throw him on the top of the bed, and helped to rob him; I assisted in searching the prisoners and their room, but found nothing.

WILLIAM WITHERING sworn.

I am a watchman; I was told there was a robbery in Gun-alley; I went to the house and saw the prosecutor; he said he was robbed; I assisted in taking Cowden and Storer to the watch-house.

JOHN WHISCOMB sworn.

I am a patrol; there was an alarm, that a man was robbed; I took Cutler coming into the court, about half an hour afterwards; I found three shillings upon her, and that was all.

To Solomons. You said it was Storer that took your hat; did you always say so? - Yes.

You are sure of that? - Yes.

PRISONER COWDEN's DEFENCE

I know nothing of the matter, I live across Moorfields, I went to see Cutler, and the watchmen were there and they took me; I was not in the house before, and I know nothing of it.

PRISONER CUTLER's DEFENCE.

Ealing had us taken up by a warrant, he beat us and hurt us very much, and we were discharged, and he swore he would be revenged of us; I know nothing at all of it.

PRISONER STORER's DEFENCE.

I was making a fire in my own room when the watchman and prosecutor came in; says he I have been robbed, and the first I meet, I will make suffer for it; Ealing had had us taken up with a warrant, and used very ill, and he swore he would be revenged of us to-night; I am entirely innocent.

(The witnesses were all asked if they knew of reward in case of a highway robbery, to which they all said no, except Whiscomb, who said he had heard so.)

To Whiscomb. Do you know if there is a barber's shop near this court? - Yes, almost opposite to it.

ALL THREE GUILTY , Death .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17880227-26

179. JOHN VANDENBERGH and WILLIAM KEEP were indicted, the first for receiving, on the 15th of November , two pair of silk breeches, a silk waistcoat, and a dimity bed-gown; and the other for receiving, on the 17th of November, two silk waistcoats and two cotton counterpanes, knowing them to have been stolen ; being a parcel of the goods which John Durham and Edward Crowther were convicted of stealing in December sessions.

There was no evidence to bring the charge home to the prisoners.

BOTH NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880227-27

180. SARAH the wife of JOHN JONES was indicted for feloniously stealing, on the 23d of January , a silver watch, value 30 s. a steel chain, value 2 s. three stone seals, value 2 s. and a steel watch key, value 1 d. the property of William Appleby .

(The witnesses were examined apart at the request of the prisoner.)

WILLIAM APPLEBY sworn.

I am a seaman ; on Wednesday the 23d of January, I was going from Holborn between eleven and twelve o'clock at night,

the prisoner was standing at a door between two shop windows; as I came past her, she stopped me and begged for charity; I stopped and spoke to her, and she asked me to go and see her poor distressed lodging; I went with her, and gave her six-pence out of charity; I sat down by the fire-side, we sent out for a pot of beer; soon after she came and sat down upon my knee, she put one hand into my pocket, and took the money out, which was some silver and some halfpence; I laid hold of her hand and she dropped it; I looked for my watch, and it was gone.

What watch was it? - A silver watch with a steel chain; I asked for my watch, she abused me, and said, I was not worth a watch; she and another girl that was in the room, then shut me out into the street; I called the watchman, and he made them open the door, and took her to the watch-house; my watch was found at Mr. Fleming's a pawnbroker's, in Drury-lane; his young man is here.

How soon after you lost it? - About a fortnight.

ANN M'GEE sworn.

I have known Mr. and Mrs. Jones almost three years, I live in the same house.

What is your husband? - He is under sentence of transportation for robbing a waggon; I pawned the watch by the desire of the prisoner's husband.

Did Jones live in the house at this time with his wife? - Yes.

What sort of a watch was it? - A silver watch with a steel chain and three seals; Jones desired me to pawn it, for his wife was in the watch-house, and desired me to take the seals off; I pawned the watch at Mr. Fleming's for sixteen shillings, without the seals; I then went to Mrs. Jones in the watch-house, and the prosecutor was there she said he had accused her of robbing him. I was going to give her the money, and she said no; I afterwards gave her the money, and the duplicate, and the seals.

Prisoner. Whether she knew any thing of the watch, till after she was brought up to the Justice's? - I gave her the duplicate, and the money, and the seals.

Before she came before the magistrate? - No, after.

JOHN BEAMISH sworn.

I belong to the General Insurance-office, No. 102, Bank-buildings; I went and searched the prisoner's room, and found this chain and seals.

(Producing them.)

RICHARD WILLIAMSON sworn.

I am a pawnbroker; on Thursday the 24th of January, about ten o'clock in the morning, Ann M'Gee came and brought me this watch; (producing it.) I lent her sixteen shillings upon it; she told me it was her own property.

To M'Gee. Is that the watch you pawned? - I believe it is.

EDWARD TREADWAY sworn.

I am a constable, I took the prisoner; I received an information about a fortnight after the robbery, that the watch was pawned at Fleming's; I looked into the night-book, that we have in the watch-house; seeing the charge in the book, I found out where the prosecutor lived; I sent to him, and asked him if he knew his watch; he said yes; I took him to the pawnbroker's, he said that was his watch.

(It was produced in Court, and deposed to by the Prosecutor.)

PRISONER's DEFENCE.

The day of the robbery my husband and I had some words, and he went out; I went after him into Holborn, he was in a public-house, I stood at the side of the door; this young man came by, and said it was a cold evening, and treated me to a glass of liquor; she that was in the room with me is not here; it is a malicious affair; he said he had lost his watch, I said he should not go till he had found it; he could not swear to my taking the watch, and I was discharged; about a fortnight

after Treadway took me and my husband, he was discharged.

To Appleby. How many hearings had she before the magistrate? - Three; on the second the watch was produced, and she was committed for further examination about the chain.

When had you last seen the watch before you went into her room? - Not two minutes before I was in her company.

Jury. The prisoner has said you was in company with another woman at the time? - I was not.

Was you sober at that time? - Yes, I had spent my evening with a Mr. Ramsay, a mate of one of the Hudson's Bay Company's ships.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17880227-28

181. SAMUEL BROWN , otherwise FEATHERSTONE was indicted for feloniously stealing, on the 17th of January , a silver table-spoon, value 10 s. the property of Sarah Miles .

SUSANNAH GILES sworn.

I am servant to Mrs. Miles, No. 39, Essex-street ; on Thursday the 17th of last month, the prisoner knocked at the door, and said, have you got lodgings to let? I said yes, the first floor, at a guinea and a half a week; I shewed him the lodgings.

How was he dressed? - In a dark green coat, a great deal better than he is now.

Are you sure he is the man? - Yes, he asked if I had any apartments besides; I said yes; he asked to see my mistress, I said she was not at home; he asked me for a pen and ink to leave his address; I left him in the parlour with a young woman who happened to be there to see me, while I went for the pen and ink; when I came down, I recollected I had not paper below; when I came down the young woman said, take care of this man, for he has got a spoon; he said he had no such thing; he then took the spoon out of his right-hand pocket, and gave it me; there is a kind of crest upon it, but I don't understand it, and I cannot describe it.

Jury. Has your mistress any other spoons marked so? - No, that was the only spoon that was left out, all the others were locked up; that spoon my mistress used in common, it was left on the sideboard.

- EDWARDS sworn.

I saw the prisoner put the spoon into his pocket, he took it from the sideboard.

(The spoon was produced in Court by the constable, who was charged with the prisoner, and deposed to by the prosecutrix Sarah Miles .)

PRISONER's DEFENCE.

I took the spoon up in my hand, and the young woman charged me with it; I made no resistance, but delivered myself up to Edwards.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17880227-29

182. ROBERT DEARY was indicted for feloniously stealing, on the 18th of February , forty pounds weight of iron hoops, value 3 s. the property of James Mather , Esq.

JOHN BOOM .

How old are you? - Twelve years.

Suppose you tell a story, what will become of you? - I shall go to the Devil.

JOHN BOOM sworn.

On Monday the 18th of February, between five and six in the evening, I saw the prisoner in Mr. Mather's yard with a bundle of iron hoops on his shoulder; he was walking away with them; I stopped, he threw them down and ran away, and a

bricklayer pursued him, and took him directly; I never lost sight of him.

JOHN COWELL sworn.

I am a bricklayer; I was coming by the gate from my work; the prisoner came out and threw some iron hoops down in the gateway; the boy cried out stop thief, and I ran after him and catched him by the flap of his jacket; I took the hoops to the Justice's office.

WILLIAM PETERSON sworn.

I live in the yard, I heard the alarm, I came out, and found the hoops thrown down at my door; they were the property of Mr. Mather; they were upon a seat in the corner of the yard, I saw them there the day before.

PRISONER's DEFENCE.

I was coming through this yard, and a man asked me to carry these hoops for him.

GUILTY .

To be imprisoned six months .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17880227-30

183. CHARLES TIMMS was indicted for feloniously stealing, on the 31st of January , a cheese, weight 10 lb. value 3 s. the property of David Dean .

WILLIAM MURRAY sworn.

I am a patrol; I was standing at Mr. Dean's door, I saw the prisoner come out of the shop, Mr. Dean's man said he had got a cheese, I followed him, and took the cheese from under his coat.

JOHN PURVES sworn.

I saw the prisoner come in at the door, I did not see him take the cheese, nor see it taken from him; I marked the weight of it not ten minutes before.

(It was produced in Court, and deposed to by the witness.)

PRISONER's DEFENCE.

I picked it up in the street.

GUILTY .

Whipped .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17880227-31

184. JANE BAVINGTON was indicted for feloniously stealing, on the 15th of February , a black stuff gown, value 5 s. a linen handkerchief, value 6 d. and a white linen apron, value 1 s. 6 d. the property of Jane Hazard .

JANE HAZARD sworn.

I was in a public-house on the 15th of February, I had the things mentioned in the indictment in a bundle; I turned from the box where I was to pay for some beer at the bar, and the prisoner and another woman whipped behind me, and took away the bundle; my daughter found the gown at Mr. Clarke's a pawnbroker's.

Are you sure the prisoner was one of the women? - Yes.

ALEXANDER SANDERS sworn.

I buy old clothes; on the 15th of February I met the prisoner in Monmouth-street; the prisoner had a basket in her hand with a gown in it tied up in a handkerchief; they offered the things for sale, I bought the gown for two shillings; I had but one shilling about me; they went home with me for the other; I paid the other woman; I sold the gown the same day to another person, who is here, for five shillings.

MARTHA ARCHER sworn.

I am a washerwoman, I live in Crown-street, Soho; I bought the gown of the last witness a fortnight ago this very night; I pawned it for three shillings and six-pence, and borrowed one shilling and six-pence to pay for it.

THOMAS CLARKE sworn.

I am a pawnbroker, No. 4, High-street, St. Giles's; on the 15th of February, towards the evening, Archer brought the gown to pledge, and her daughter, I lent her 5 s. upon them.

JANE HAZARD , Jun. sworn.

I found this gown at Mr. Clarke's; I believe it to be the same gown.

PRISONER's DEFENCE.

I met this woman; she asked me to have a pint of beer with her; I went with her into this house; then we went a little way, and she said, she was going to sell a gown and handkerchief; she met a Jew, and sold them to him; she was taken up and carried before Justice Walker, and discharged; I was taken before another Justice.

GUILTY .

Whipped .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17880227-32

185. THOMAS WILLIAMS was indicted for feloniously stealing, on the 8th of February , a cotton gown, value 5 s. the property of Richard Middleton .

HANNAH MIDDLETON sworn.

I am the wife of Richard Middleton ; I lost a gown on Friday, the 8th of February.

WILLIAM SMITH sworn.

I am a green grocer; on the 8th of February, between three and four o'clock, I was standing at the door; I saw the prisoner come out of the house, No. 6, Bow-street, Bloomsbury , with this gown under his left arm; a gentlewoman came down stairs, and cried, stop thief! he was taken by another person and brought back; I am sure he is the person.

JOHN BEAMISH sworn.

I belong to the General Insurance-Office; I know nothing but taking the prisoner into custody and searching him; he had nothing but some duplicates upon him, his own property.

Mr. Garrow. Was he drunk or sober? - He appeared to be in liquor.

JOHN ASP sworn.

I am a shoemaker; I saw the prisoner go into the house, No. 6, Bow-street, the door was open; I did not see him come out; upon the alarm I pursued him, and found him in a necessary in Church-street; he had nothing about him but some duplicates; I knew him to be the same man I saw go into the prosecutor's house; when I saw him in the necessary, he was standing up in the soil; when I took him to the Justice's, they took him to a pump and washed him.

Middleton. Smith picked up the gown and gave it me; it was hanging at the back of the door in my bed-room, the back room up two pair of stairs; I was sitting in the front room; there was a little boy in bed in the room gave the alarm.

(The gown was produced in Court, and deposed to by the prosecutrix.)

PRISONER's DEFENCE.

I know nothing of the gown; I was in liquor when I was taken.

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

GUILTY .

Imprisoned six months .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17880227-33

186. JANE TAYLOR and ELIZABETH DEAKER were indicted for feloniously stealing, on the 2d of February , a silk handkerchief, value 1 s. and 9 s. in monies

numbered , the property of Henry Hatfield .

The Prosecutor was called, but not appearing, his recognizance was ordered to be estreated.

NOT GUILTY .

Reference Number: t17880227-34

187. MARY TALBOT was indicted for feloniously stealing, on the 19th of February , 7 yards of printed cotton, value 17 s. the property of Francis Faulding , privily in his shop .

THOMAS FIELD sworn.

I am servant to Mr. Faulding, linen-draper , King-street, Covent-garden ; on Tuesday the 19th of February, between five and six o'clock in the afternoon, the prisoner came into the shop, and asked for a quarter of a yard of Irish linen, at 14 d. a yard; I cut her off a quarter of a yard, and she gave me twopence-halfpenny, and went out of the shop.

JOHN RUSHTON sworn.

I am shopman to Mr. Faulding; I had been out; I came in while the prisoner was in the shop; she had a piece of calico in her hand, and was putting it under her arm, between her and her child; she had a child in her arms; she went out, I went after her and took her.

(The calico was produced in Court, and deposed to by Rushton and Field.)

PRISONER's DEFENCE.

I went into the shop to buy a bit of linen; I was very much in liquor; what I bought, or what I brought out of the shop, I do not know.

The witnesses both said, she did not appear to them to be in liquor.

GUILTY Of stealing the goods, but not privily in the shop .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17880227-35

188. RICHARD MANYPENNY was indicted for feloniously stealing on the 14th of February , a cloth coat, value 10 s. and a Bath great coat, value 5 s. the property of Samuel Johnston Reid .

SAMUEL JOHNSTON REID sworn.

The coats mentioned in the indictment were taken out of the passage in my house.

- SHIPLEY sworn.

I am a pawnbroker, in Piccadilly; on Thursday, the 14th of February, the prisoner came between ten and twelve o'clock, and asked, if we could send to Mr. Smith's, in Swallow-street, for two great coats he wanted to pawn; I said, no; he said, would I take them of him if he brought them? I said, yes; and he went and returned with the two great coats in ten minutes; upon a suspicion he did not come honestly by them, I jumped over the counter, and told him he must stay there till I went to hear what Mr. Smith said about it; he said, I need not go, for he had taken the coats from a house by Buckingham-gate, but could not tell exactly where; I told him I must take him before a magistrate, but would be as favorable as I could.

Reid. I did not miss the coats till Thursday, the 14th; when a man came and told me they were at the office; I saw them last before they were taken away on the Tuesday.

(They were produced in Court, and deposed to by the Prosecutor.)

PRISONER's DEFENCE.

It is a false charge; I met a man, and he asked me to go to the pawnbrokers, and ask him to send for two great coats to Mr. Smith's in Swallow-street; I went in; he would not send; I came out and told the man; he said, if I would go in and pawn them, he would give me a shilling; I went in with them, and the man stopped me; I

told him a man had given them to me, and he said, he would be favorable to me.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17880227-36

189. JOHN MURWELL and THOMAS ODDY were indicted for feloniously stealing, on the 20th of January , a ripping-saw, value 7 s. a pannel-saw, value 6 s. a carcass saw, value 6 s. a wooden stock, value 1 s. and eighteen bits of iron and steel, value 7 s. the property of James Anderson .

JAMES ANDERSON sworn.

I am a carpenter ; I live at Mile-End; I lost the things mentioned in the indictment out my chest; it was in my master's workshop.

JOHN SELLER sworn.

I am a publican; I keep the sign of the White Horse, Baldwin's Gardens; I am a carpenter by trade; the two prisoners were at my house drinking, on the 23d or 24th of January; Murwell had a stock and eighteen bits; they said, it was all they could get of a bad debt of one Cleavely, who was in St. Thomas's Hospital; I bought them of Murwell for 7 s. 6 d. Oddy said, Murwell was obliged to to sell them, because he was going into the country; on the 29th of January they brought these three saws; I was not at home, they came and left them, and came the next day, and asked me what I would give for them; I took them into a back parlor, and looked at them, and saw the letter A upon them; I asked the prisoner his name; he said, it was Murwell; he said, he worked for Mrs. Allen in the Borough; I said, they told me the stock and bits were all they could get of a bad debt from Cleavely, and if they did not give me a satisfactory answer from Mrs. Allen, I would stop them; they went away, and came again on the 31st, and brought this letter; (producing it.) I told them that was not satisfactory, and that I had written to Mrs. Allen; after that, I met Oddy, and took him into custody; the other prisoner was taken the same evening.

DOUGLAS VERE sworn.

I am an officer; I apprehended the prisoner; I took a duplicate out of Murwell's pocket of some things that are the property of the prosecutor.

(The things mentioned in the indictment were produced in Court, and deposed to by the prosecutor.)

JOHN HOLMES sworn.

I am clerk to Mrs. Allen; the letter produced is signed by my name; I know nothing of it.

To Sellers. When this letter was brought to you by Murwell, did he tell you what John Holmes he brought it from? - Yes; John Holmes , clerk to Mrs. Allen, King-street, in the Borough.

To Holmes. Is that your hand-writing? (Shewing him the letter.) - No, it is not.

Anderson. I received a letter from Mrs. Allen; the servant who brought it is here.

JAMES ASHMORE sworn.

I am a cabinet-maker; I went to Sellers the 30th of January, in the evening; he said, two men had left some saws there; and were to call again; soon after Oddy came in; we took him into the parlor; he said, they belonged to Murwell, that he had them for a bad debt, that they did belong to Cleavely; he said, he delivered them to him out of his chest; I asked where his chest was; he said, at his lodgings in Duke-street, in the Borough; I said, I thought it extraordinary, that a man in the hospital, should have liberty to go out of the hospital to give a man the things out of his chest; he said, he had liberty to go when he pleased; he said, he had pawned them, and took them out again; while we

were talking, Murwell came in, and said, he had them of Cleavely for a bad debt; they said, they would prove them their property, they did not want the money, they would leave them, and come again for the money; the next day we took Oddy into custody, and went in search of Murwell, and took him not far from Sellers's house in the evening.

MURWELL's DEFENCE.

I had been at work, at Barking in Essex; I came home on the Sunday; I went to the house of one William Cook , and asked him to give me a lodging, and I staid there two nights; I lent him 13 s. and he said, he would sell me some saws; I went to work at another place, and I came and asked him if he had the saws, and bought them of him.

ODDY's DEFENCE.

I am innocent of the affair; I do not know how he came by the saws.

Oddy called five witnesses, who gave him a good character.

BOTH GUILTY .

Transported for fourteen years .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17880227-37

190. JAMES SMITH was indicted for feloniously stealing, on the 24th of January , a silk handkerchief, value 4 s. the property of John Hunt .

JOHN HUNT sworn.

On the 24th of January, I was going through Castle-court, Birchin-lane ; I felt somebody at my pocket; I turned round and saw the prisoner, with my handkerchief stuck in the breast of his coat; I secured him, and took the handkerchief from him; I delivered him and the handkerchief to an officer, who took him before the Lord Mayor.

(The handkerchief was produced in Court by the officer, and deposed to by the prosecutor.)

PRISONER's DEFENCE.

I am innocent of the affair, I know nothing about it.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17880227-38

191. JAMES FINNEY was indicted for feloniously stealing, on the 25th of January , a wooden box, value 15 d. the property of Robert Day , Thomas Preston and Co.

ROBERT DAY sworn.

I am a tackle-house-porter .

How many partners have you? - Eighteen; we are a united body; on the 24th of January, I was busy shipping goods at Galley Quay ; about three o'clock, I heard that a man had gone up one of the gateways with a box; I sent some of my men after him, and in a few minutes they brought back the prisoner with the box mentioned in the indictment, which was in my care; I receive goods for shipping and landing from merchants.

WILLIAM WILLIAMS sworn.

I am a labourer; I took the prisoner with the box going up the gang-way, at Brewer's Quay, towards Tower-hill; I brought him and the box back to Mr. Day.

Day. I gave charge of the man; I have kept the box ever since; the contents I have shipped by the order of the Lord Mayor.

(The box was produced in Court, and deposed to by the prosecutor.)

ROBERT PEAT sworn.

I saw the prisoner going up the gateway with a box, and I gave the alarm.

PRISONER's DEFENCE.

I was employed by one of the company's

porters to carry it to the warehouse; I was going with it, and this man stopped me.

GUILTY .

Whipped .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17880227-39

192. SAMUEL TONG was indicted for feloniously stealing, on the 4th of February , a wooden barrel bound with iron hoops, value 12 s. and 36 gallons of ale, value 36 s. the property of Joseph Hale and Thomas Simmons .

JOSEPH HALE sworn.

On Monday the 4th of February, about eight in the morning, I was informed that a man was stopped with a barrel of ale; I went to Bridgwater's Gardens, and saw it; the cask was brand-marked with my name, J. Hale & Co. Red-cross-street.

JAMES DEAN sworn.

I keep a shop in Bridgwater's Gardens; on Monday the 4th of February, between eight and nine o'clock, the prisoner came to my house, and asked me to buy a barrel of beer; I think, he said, I should have it cheap; I refused to buy it, and bid him go along; a little while after, I went out and saw him rolling the barrel, and a man questioning him how he came by it; he said, he found it, and was going to the Green-yard; seeing Mr. Hale's name on the cask, I sent a man to inform him of it; the prisoner appeared to be very much in liquor; some people gathered, and Hale's people not being come, we let him go; just after, Mr. Hale came with several of his people, and they went after him, and took him.

- GOUGH sworn.

I live in Bell-alley, Goswell-street; the prisoner offered to sell me it; he said, he found it.

WILLIAM THOMAS sworn.

I am drayman to Mr. Hale; we were loading four drays; this barrel was on the sledge beside the dray; I went to pull up, and missed it; while I was looking about for the barrel, word came that it was found; I went and saw the barrel; it was the one I had lost; the prisoner was gone; I went after him, and took him.

WILLIAM WITTEN sworn.

I am storehouse-clerk to Hale & Co. I loaded four barrels on the truck that day; the prisoner came to me while I was in the cellar, and asked me to give him some beer; I told him, we had none for our own men, much less for strangers; he went away, and in about ten minutes the last witness came, and told me, there was a barrel of ale missing; it contained thirty-six gallons of strong ale.

PRISONER's DEFENCE.

I was very much in liquor; I was insensible what I was about; I beg the gentleman's pardon.

GUILTY .

Whipped .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17880227-40

193. JAMES HARDING was indicted for feloniously stealing, on the 20th of February , a pewter half gallon pot, value 2 s. the property of Richard Brotheroyd .

RICHARD BROTHEROYD sworn.

I am a publican ; on the 20th instant about half past one in the day, the prisoner was brought to my house by a constable, with a half gallon pot of mine; I had the pot in my hand about half an hour before at the cellar head; I saw the prisoner in the house about that time.

THOMAS PERKINS sworn.

I took the prisoner in Red-cross street,

with a half gallon pot in the lining of his coat.

(The pot was produced in Court, and deposed to by the prosecutor.)

PRISONER's DEFENCE.

I was a good deal in liquor; I know nothing about it.

GUILTY .

Whipped .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17880227-41

194. PETER SEBB (a black) was indicted for feloniously stealing on the 12th of January , a live cock fowl, value 1 s. 6 d. and a live hen fowl, value 1 s. 6 d. the property of Charles Lewis .

There was not any evidence to bring the charge home to the prisoner.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17880227-42

195. LYDIA JONES , THOMAS GRANGER , THOMAS COLLINS ; ELIZABETH SMITH , THOMAS MESSENGER , ROGER MOLLOY , and JANE MOLLOY were indicted for that they, on the 16th of January , in the dwelling-house of Luke Murphy , in and upon John Whitehouse , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person, a linen handkerchief, value 1 d. a silk handkerchief, value 4 s. a stone seal, value 1 s. two half guineas, twelve halfpence, and 6 s. in monies numbered, and a promissory note, called a Birmingham bank note, for 5 l. 5 s. and a bill of exchange for 5 l. the property of the said John Whitehouse .

JOHN WHITEHOUSE sworn.

I am a plater and brass-founder in Stracy-street; I was going home on the 16th of January, between eleven and twelve at night, from Mr. Brookes's, who keeps the sign of the Sun, the corner of Lincoln's-inn-fields; I went up Stone-cutter's-alley, and just as I was going up some steps into King-street, I met Lydia Jones , who seemed to be in a very miserable situation, and begged I would give her something; she said she had had nothing for three days; I gave her a shilling; she thanked me and followed me, and said she was my countrywoman.

Where was this? - In Cross-lane , she said she had three children in the same condition, I desired to see them, and went with her, and went up into her room; it was a very miserable place, there was a candle burning on the table; when I got into the room, she said, you and I can have a night's lodging together; I said I did not come on that business; where are the children you pointed out to me? I did not come on that business, I have got a wife at home I was going to, but you have decoyed me into this dismal place; she directly stamped with her foot, and called for some gin; the room-door was never shut; I told her I should drink no gin, and was going away; I got as near the door as I could, then the two young men came into the room.

Which two? - The two outside ones, Granger and Collins.

Those two men came into the room? - Yes.

Are you sure those were the two young men? - Yes, I am; one got hold of one of my hands, and the other of the other, and the little woman came into the room; the tall woman was not out of the room, she remained in the room.

What is the little woman's name? - She acknowledged to the name of Smith the next day at the Justice's; while they had hold of my arms, knowing I had the notes, in this pocket, I leaned back as well as I could, to prevent them from taking them

out; she pushed to that pocket, and took them out; they were in my breeches pocket; she dropped a letter and a bill of parcels on the floor, and then ran out of the room.

Did they take any thing besides the notes? - Yes, they took my cash; two of them had their hands in my pockets, Collins and the little woman; they took two half guineas, six shillings and some halfpence; then I recovered myself a little, they wanted to get away; I laid hold of one man with the one hand, and of the other with the other hand, and said, they had robbed me of forty or fifty pounds, and I would lose my life before I would let them go.

What did Jones do? - She pulled my handkerchief off my neck, while they had hold of me.

The four people were Granger, Collins, Jones and Smith? - Yes.

Who did you lay hold of? - Collins and Granger.

Did any body else come in before you laid hold of them? - Yes, Messenger came in, and picked up part of the writings which the little woman had dropped.

When did she run out? - As soon as she had taken the notes out of my pocket.

Before you laid hold of Collins and Granger? - Yes, Messenger came in before I laid hold of Collins and Granger, and picked up some of the papers, and went out again; Smith came in again while I had hold of them, and she scratched my hand, and kicked my legs; that they bled in several places; I could not put them out of the way because I had fast hold of the men; then Messenger came back and laid hold of me by the coat, in order to pull me to the top of the stairs; while he was doing this, and the other kicking me, Collins got out of my hand, and ran out of that room; the woman who belonged to the house, whom I had never seen, hearing the noise, called the watch, and the watch was coming in at the door of the house, as Collins got out of my hand; he came up stairs, and soon after another man, Stack; I gave him charge of Jones, and Smith, and Granger, and told him there was a young man just gone down stairs; I was afraid he was gone out; he said nobody had gone by him; the woman belonging to the house said she was sure he was not gone by, and she would search the next room; she took the candle in her hand, and looked into the lower closet, and said, here he is; I looked into the place, and said, you must come out young man; as soon as I laid hold of him, he tried to throw me down; but I was too strong for him; I said to the watchman, search his mouth; I saw he had something in it, I thought he had my notes; he put out two shillings and an halfpenny, and said, blast you take it; I assisted in taking them to the watch-house; they were searched at the watch-house, but none of the notes found.

What was found upon them? - There was nothing found upon them there, that I could swear to; they had given the notes to another girl to take care of.

There were those five people in the room at one time or another, Jones, Granger, Collins, Smith, and Messenger? - Yes.

No more? - No more.

Messenger was not taken that night? - No; the next day when I went before the Justice, I said there was an old man; they would not fully commit the others till he was taken; I took a neighbour with me down to the house, and asked the woman the name of the old man; she said it was Messenger, and while I was there he came in; that is the man; as soon as he came in I know him again, though it was candlelight when I saw him before; I said you are the man I want, I was looking for you, you must go with me; he said, blast your eyes, I will cut your bloody melt out; I told him it was no use to struggle, he should go with me; he then went readily, and shewed me the nighest way to the watch-house; the constable searched and found a handkerchief of mine upon him, and a duplicate in his pocket; I went with the officer to the pawnbroker's, Mr.

Woodins, the corner of King's-street, Drury-lane.

Was any thing else found? - An old handkerchief of mine in his pocket, the duplicates were tied up in.

Was there any thing else of your property found? - No, not upon them, there was afterwards a note found, and two pieces of two five guinea notes were found in the room, there was a five guinea note thrown on the floor and found with a letter.

Was there any thing else found? - Yes, the week after, Ann Bevington , a girl, who slept that night in the next room, with whom they left the notes to secret them, she gave it to a man of the name of White, who went to pay one away to a man who keeps an hardware shop in Covent-Garden; he asked him how he came by it; and said he had a friend who had been robbed of that and some other notes; he is not here.

MARY MURPHY sworn.

My husband, Luke Murphy , keeps a house in Cross-lane, St. Giles's. Jones, Messenger, and Smith, lodged at my house.

Tell us what you know about this transaction? - A little before 12 o'clock, Jones came running down stairs very much frightened, and Granger came running down; I asked what was the matter? Messenger was fetching water for me; Jones said to Messenger, damn you, why did not you come up to me?

Do you keep a common lodging-house? - Yes: then Granger came running down; I asked what was the matter? Granger said there was a man above was robbed of some property; I gave my child to the maid and called the watch, and shut the street-door, and desired the girl not to open it till the watch came; I said, Jones, go up stairs; she said, Tom, come along; he said no he would not; I said to Granger, you must go up too; he said he would go up with me; Whitehouse was then making a great noise; they went up with me, and I said what is the matter? Whitehouse said he had been robbed of 40 or 50 l.; he then said to Granger, you are one of the fellows that was here with me; with that I went into the room and asked Smith, where is the other fellow? she said she did not know, there was no one in the room; I went to the window and called the watch again.

Was there any other girl there but Smith? - Yes, there was a little girl in bed in Smith's room.

Was there any body in Jones's room? - No, I went to the window and called the watch, the watch then came; I said to Smith, where is the fellow that was in white here? she said there was no one; I looked, and found him in the cupboard, and said to him, come out of that; I said, when Collins came out of the cupboard, I said you have something in your mouth, is it paper? he said no, this is what I have got in my mouth; the watchman came, and as they were going down stairs, I said here is some paper in the room; the watchman came with me into Jones's room; there were a great many papers; I picked up a 5 l. draught, the gentleman said was payable the next day; I gave it to one of the watchmen.

Now mind that you speak the whole truth, for you will get into a scrape if you do not; the first you heard of it was Jones coming down stairs? - Yes.

Upon your oath did not you before that call the watch, and then go up stairs to see what was the matter? - No, not till Lydia Jones and Granger came down stairs, and I went up with them.

Where was Messenger before? - Below stairs, fetching water for me.

How long was he come down stairs? - I don't know that he was up stairs at all, he was fetching water for me three quarters of an hour.

Can you or not swear whether he was up stairs before or not? - I don't know whether he was or not, he was fetching water for me three quarters of an hour.

To Whitehouse. I understood you that Jones and Smith and Granger were never out of the room till the watchman came? - Jones got my handkerchief off and went

out with it; they were in the room when the watchman came.

Did Jones go out of the room after she took the handkerchief? - Yes, with the handkerchief in her hand, and came in again afterwards, but I think she had not time to get down stairs; both the women had been out of the room and came in again, they left me with these men.

Was Jones in the room or out of the room when you laid hold of Collins and Granger? - She had just gone out as I laid hold of them.

After you laid hold of Collins and Granger, how soon did Jones come in? - I suppose she was not half a minute away; Messenger had been in the room and taken the papers.

Was that before Jones ran out? - Messenger came in before she had taken the handkerchief off and been out of the room, and picked up these papers.

Messenger came back a second time? - Yes, he did.

Did Granger ever get away from you? - He never was away.

He never went down stairs? - Not before the watchman came in.

You are sure of that? - Yes.

Then Mrs. Murphy don't say true in that? - No.

Collins got out of your hands? - Yes.

But not Granger? - No.

Who came up with the woman of the house? - I don't recollect any body coming with her, without it was the watchman, I believe they came together.

The woman of the house did not come up with Jones and Granger? - No.

Was Jones in the room again before the watch was called? - Yes, when the watch came up they were in the room together.

Did Messenger get down before the watchman was called? - Yes, he did.

When Messenger laid hold of you to pull you down stairs, how came he to quit you? - He could not get me to the stairs, I turned to lay hold of him, and he let me go and ran down.

That was at the time Collins got from you? - Yes.

When the watchman and the woman of the house came up, Smith, Collins, and Granger, were with you in the room? - Yes.

That was the room in which you had been robbed? - Yes.

JOHN M'GUINIS sworn.

I am a watchman in Cross-lane; about 12 o'clock I heard the alarm of watch cried out, my box is within 10 yards of Murphy's door, where I heard the alarm; I came to the door and a woman opened it.

Who was that woman? - I cannot tell; Mrs. Murphy told me there was a robbery committed above stairs; she was going up stairs before, and told me to make haste up; up I went; Collins was coming out, and I stopped him.

Where was he? - He was coming at the head of the stairs in order to make off; I said nobody should go out till I knew what had happened; I brought him into the room where the prosecutor and the rest of the company was.

Are you sure of that? - I am; he was just come out of the door at the head of the stairs.

Then it is not true that he was hid in the closet? - I had not seen him in the closet.

Be as particular as you can; you were alarmed with a noise at Murphy's house? - Yes.

You went there, and some woman opened the door? - Yes.

You followed Mrs. Murphy up stairs? - Yes.

What room did you go into? - The room where the prosecutor and the people were.

Did you meet any body before you went into the room at all? - Yes, I met Collins coming out of the door before I went into the room; I told him no person should go out till I knew what had happened, and took him into the room; I found there Lydia Jones , Granger and Smith, and

two other young women, I did not know their names.

You went in before Stack? - Yes; I found the prosecutor doing his endeavour to stop any person that was in the room, struggling, as if to keep the people in; I asked him what was the matter? he told me he was robbed to the value of 40 l. or 50 l.; I asked him who were the people that robbed him? he accused Collins, Granger, Jones and Smith; Mrs. Murphy observed Collins had something in his mouth; I charged him to produce whatever he had; he said he had nothing at all; I said he should produce whatever he had, and he produced 2 s. and a bad halfpenny.

Where was Collins just before the things were found in his mouth? - In the room where the prosecutor was robbed.

Was not you in the other room at all? - No, not till I took them to the watch-house, then I went into all the rooms.

Mrs. Murphy was up before you? - Yes, just before me; after I found the money in Collins's mouth we had some more assistance, and took them to the watch-house.

Nothing was found when they were searched? - No.

Was not there a paper given to you that was found in the room? - Not to me, it was given to the other watchman Stack.

To Mrs. Murphy. Did you go up before the watchman? - Yes, I called the watch at the street door; Lydia Jones , and Granger ran down stairs and I called the watch, and then shut the door; they went up stairs.

The prosecutor says that Granger was never down stairs? - Upon my oath he was.

Was the watchman come when you found Collins in the closet? - No, he was not come, I went to the window and called watch again.

Do you mean to say before that Granger came down stairs? - I did.

ANN BEVINGTON sworn.

I was along with Elizabeth Smith at Murphy's house, in bed, in the next room to Jones's; on Wednesday evening Mrs. Jones brought this man up stairs; they were a little while up stairs, and presently after she knocked for a quartern of gin, and went to the window and called for change for a shilling; soon after she had had the gin, she came to our room and asked for the bellows.

The gin was brought up? - Yes, and change in about 10 minutes.

Was Smith in your room? - Yes, Smith and Collins and Granger were sitting round the fire; I cannot say whether Jane Molloy was in the room, or gone down for a candle; Jones said to Smith, will you come into my room with me, and Smith went in the room with Jones; after she was gone into the room, I heard Jones say don't strike any body here, and then Collins and Granger ran into the room; presently after, I heard the gentleman cry out, I am robbed of 50 l.; Smith immediately ran to me and gave me these notes, and told me to hide them, and I did in the bolster, there was a hole tore before in the bolster; Smith told me to take them to her brother in the morning, which I did; the next morning when I got up, I found a note by the side of the bed, I cannot say whether I dropped it, or she in giving them to me; I gave that first to Jane Molloy , and then we gave it to Sarah Elliot ; she told Sarah Elliot she found it, and Sarah Elliot gave it to a baker to change that served her with bread, I dont't know his name.

Did you go out of your room at all that night before the watchman came? - No, I had nothing to go out in.

Did any body come into your room? - Yes, Collins, and ran into the cupboard.

That was after the prosecutor said he had been robbed? - Yes.

Who did you give the notes to the next morning? - To Frank Smith; and on Friday morning I went to Frank Smith , and he gave me half-a-guinea; I being in distress, took it, and paid Molloy half-a crown.

You never saw the notes afterwards? -

No; one I gave to Elliot, that I saw afterwards at the Justice's.

SARAH ELLIOT sworn.

Do you know any thing of this transaction? - Ann Bevington and Molloy came to me, and told me that they had found this note, and gave it me, I gave it to my baker, one White; I saw it afterwards at the Justice's.

JACOB FREEMAN sworn.

Hearing of this robbery in the morning, Meacham and I and another officer went and searched the room where the robbery was committed, and found two pieces of two different notes in the very room where he was robbed; I made all the enquiry I could to trace the notes; hearing of this note being offered, I went and took the baker into custody, and he took me to Elliot, of whom he said he had it; she said she found it in Drury-lane; at last she said she had it of Ann Bevington ; I went and took her into custody.

What became of White? - When he took me to the house of Elliot, just as I put my hand on the door to come away, he ran off, I have never met with him since.

Who did you get the note from? - White the Baker; it was shewed to Elliot in his presence, and she acknowledged giving it to him.

(The note was produced in Court.)

To Elliot. Look at that note? - That is the note I received from Bevington; I know it by its being torn at the corner.

To Bevington. Look at that note? - I think that is the note I gave to my sister, I found it by the bedside.

GEORGE MEACHAM sworn.

I searched the lodgings; by the fireplace in the room where the prosecutor was robbed, I found pieces of two notes (producing them) one piece fits that note; about two o'clock or after, I was sent for by the prosecutor.

To Whitehouse. What notes had you in your pocket that night? - Six Birmingham and one Woolverhampton, and one 5 l. note; I lost them all.

Had you any account of the dates and numbers of these notes of your own making? - No, I afterwards got the best account I could.

Who were they made payable to? - Them at the Old Bank were made payable to Story.

To Meacham. About two or after you was sent for by the prosecutor? - Yes, he said he had another man in custody; I went to the watch-house, found Messenger and searched him; I found an old ragged handkerchief in his pocket, and in the corner of it were tied up three duplicates; one of which was an handkerchief pawned by Messenger that day for two shillings, at the corner of King-street, Drury-lane; by this duplicate I found the handkerchief at Mr. Woodin's; the old handkerchief I forgot, and left at home this afternoon.

EDWARD HANSON sworn.

I am servant to Mr. Woodin in Drury-lane.

Is that your duplicate? - Yes; I cannot say whether it was Messenger that pledged the handkerchief; the person who received it is since dead; I saw Messenger in the shop that morning; here is the counterpart of the duplicate, which was fixed to the property.

(The handkerchief was produced in Court, and deposed to by the prosecutor.)

JONES's DEFENCE.

A stranger gave me a shilling, and I took it; and as I was sitting by my own fireside, I heard him say he was robbed; Granger and I went down to Mrs. Murphy, and told I her.

SMITH's DEFENCE.

I was sitting by my own fire-side, Jones came up with the gentleman, and asked for a light; we gave her the light; she called Bevington in, and she came out again with

some papers, and said they were bank notes; I said I would have nothing to do with them; she said if I would not have something to do with them, she would swear her soul as black as a new shoe against me, and bid me not be afraid to have to do with a robbery.

GRANGER's DEFENCE.

I was coming by the place where the robbery was committed; hearing a noise I went up stairs to see what was the matter; the gentleman said he was robbed, and I ran down stairs and told Mrs. Murphy, and desired her to come up, and I went up with her.

COLLINS's DEFENCE.

Lydia Jones came in for the bellows, and said she had a cull in the room, and said that she could not do him, he was sullen; Smith went in, and I went down stairs, and met the watchman.

MESSENGER's DEFENCE.

On the 16th of January, between eleven and twelve at night, the water came in; Mrs. Murphy asked me to fill her water-tub; when I was done she asked me to set down; somebody said the gentleman was robbed, and Mrs. Murphy went up stairs, and desired me to come up; there was a man in Smith's room; I never went up stairs till I went up with Mrs. Murphy; I never was near Whitehouse, I never spoke to him, and never was up stairs but that once; the next morning as I was coming home with a lighted candle; coming down Newtoner's-street, I found the handkerchief, and picked it up and pawned it.

(There not being any evidence to affect Roger and Jane Molloy , they were not out upon their defence.)

ROGER MOLLOY , JANE MOLLOY ,

NOT GUILTY .

JONES, GRANGER, COLLINS, SMITH, MESSENGER,

GUILTY , Death .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880227-43

184. JOHN MARSDEN was indicted for feloniously stealing, on the 24th of December , an iron half ring bit, plated with silver, value 5 s. an iron bradoon, plated with silver, value 7 s. a leather bridle, with four buckles plated with silver, value 7 s. a copper curb, with hooks fixed thereto, value 5 s. a leather bridle, with hooks fixed thereto, value 5 s. a leather bridle, with four buckles, plated with silver, value 5 s. a copper curb, with hooks fixed thereto, value 5 s. an iron cheek-bit, value 10 s. one other leather bridle, with four iron buckles, value 7 s. an iron bit, plated with silver, value 5 s. and twenty iron nails, plated with silver, value 10 s. the property of James Goodson .

JAMES GOODSON sworn.

I am a sadler in Exchange-alley ; the prisoner lived servant with me about two years, I discharged him on the 29th of December, I had missed a vast number of things in the sadlery business, I had turned away a number of my men, because I could not find out the thief; I told the prisoner it would be better for him to tell the truth at once, that I would not prosecute him; and he confessed a vast number of things, but never confessed the things mentioned in the indictment.

Did he give you a list of them? - No.

Court. Then I think that is very unfair against the prisoner.

JAMES PHILIPSON sworn.

I am a sadler, I live at the corner of the Blue Boar Inn, Aldgate, High-street;

Nelson, the ostler of the inn, told me had some bridles to sell; I had heard of Mr. Goodson's robbery, and I sent to Mr. Goodson, he came to me the next morning, and Nelson and Butler brought the things to my shop.

EDWARD NELSON sworn.

I am ostler at the Blue Boar Inn, Aldgate, Mr. Butler asked me to take three bridles in exchange for a watch; he desired me to carry them to the last witness to know the value of them, which I did next morning.

(The bridles were produced in Court by John Clarke , one of the marshalmen, who said he had them of Mr. Philipson.)

Are those the bridles you had of Mr. Butler? - I have not the least doubt but they are the same, I delivered them to Mr. Philipson.

ROBERT BUTLER sworn.

I keep the tap at the Three Nuns, Aldgate; about six weeks before Christmas, the prisoner asked me if I had a watch to dispose of; I told him I had; he said he had not got money, but he had got some bridles, he said he had the bits out of the country, and had made them up at leisure hours at home; he left them with me, and had the watch upon trial; as he never returned, I sent them by Nelson to be valued.

Are you sure of his person? - Very sure, he had used my house.

NICHOLAS SMITHSEND sworn.

About a fortnight before Christmas, I bought a plated bit of the prisoner; I delivered it to Mr. Goodson, as soon as I heard he had been robbed.

GEORGE DAWSON sworn.

I am a sadler, I work for Mr. Goodson; the latter end of last July I bought five sets of plated nails of the prisoner; in consequence of a letter I had of him; I gave them to Mr. Goodson.

Should you know them again? - I cannot say.

(The letter produced in Court by Mr. Denton.)

(The bridles were deposed to by the prosecutor, but the nails he could not swear to.)

WILLIAM LUNN sworn.

I am clerk to Mr. Goodson.

(Deposed to the bridles.)

WILLIAM SMITH sworn.

I am a journeyman to Mr. Goodson, I know this old bit to be my master's, I carried it to be repaired and fresh plated; the plating is wore off, and it could not be replated.

PRISONER's DEFENCE.

I was in business in the country six years and ten months; I failed, and sold my goods to a young man who had been my apprentice; after I had been in town some time, he sent the bits to me to sell them for him; I compleated them, and offered them to Mr. Butler in exchange for a watch.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17880227-44

185. JOHN STIRLING was indicted for feloniously stealing, on the 26th of February , three mahogany boards, containing nine feet, value 20 s. the property of Joseph Cooke and Joseph Hall .

JOSEPH COOKE sworn.

I am a cabinet-maker , partner with Joseph Hall; the prisoner has worked with me as a sawyer near a year and a half; I went to Burton's lodgings, and there I found three mahogany boards; two of them I knew to be mine, about nine feet long, and about twenty inches wide; I knew them by a stain that run through the whole plank, we had the outside piece of the plank at home; when the sawyers are sawing a plank, they cannot saw it through, and they split the boards off at the end; and when the outside plank was laid upon those at Burton's, they matched exactly; afterwards my partner and I went together, and he knew them as well as I.

JOHN BURTON sworn.

I work for Mr. Johnson a cabinet-maker, Cold Bath-fields; about the 8th of last month, the prisoner came to my master's, and asked him if he wanted to buy any mahogany boards; Mr. Johnson said he did not want them, and asked me to buy them; I went to the prisoner's apartment on the Friday night; I agreed to give him half a guinea a piece for the boards; he said that a cabinet-maker had brought him the boards to saw, and that afterwards he had absconded, and left the boards with him for a debt that he owed him, and that being a bad debt, he had taken them, and wanted to dispose of them; I told my master the story, and he said he had told him the same; the prisoner advertises to cure the scurvy, and I went afterwards for a bottle of his stuff, and then seeing some more boards I suspected he had not come honestly by them; I went to Mr. Cooke and asked him if he had lost any mahogany boards; he came to my lodgings, and knew two of the boards.

JOSEPH HALL sworn.

I am partner with Mr. Cooke; I saw the planks at the last witness's lodgings, and knew two of them to be ours.

PRISONER's DEFENCE.

These boards were brought to me by a man who used to work with me; he said, he had them to saw, that he had no convenience to keep them in his yard, and would be obliged to me to let him put them in my yard for that night; I saw him the next morning, and he said, the orders were countermanded; soon afterwards, he called, and told me that the person was gone into the country, and desired me to sell them for him if I could, and he would pay me for my trouble; I went to Mr. Johnson's, he said, he had got a man that might want such a thing, and I sold them to him.

To Mr. Hall. When did you see these boards last? - I cannot say; I did not miss them at all.

(The prisoner called seven witnesses who gave him a good character.)

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17880227-45

186. JAMES JERVAIS , JOHN DOWST , JOSEPH BRIGGS , WILLIAM GOLDSMITH , ELIZABETH GEORGE , and ANN PRICE were indicted; the four first, for feloniously stealing on the 21st of January , four pieces of calico, containing eighty-four yards, value 8 l. 8 s. the property of Charles Greaves , William Hodgson , James Newton , and John Leach ; and the other two, for feloniously receiving on the same day, two pieces of calico, containing forty-two yards, value 4 l. 4 s. being parcel of the said goods, knowing them to have been stolen .

(The indictment was opened by Mr. Knowlys.)

(The witnesses were examined apart at the request of the prisoners.)

CHARLES GREAVES sworn.

I am a wholesale linen-draper and calico printer , partners with William Hodgson , James Newton , and John Leach; our printing-house is at Merton-Abbey, in Surry; I know nothing of the property being lost.

ROBERT LANCASTER sworn.

I am servant to Messrs. Greaves, Hodgson, Newton and Leach; I have the care of their calico grounds, at Merton ; the things in the indictment were stolen from the grounds; I saw them on the 19th of last month, and I missed them on the 21st.

ROBERT MADGESHON sworn.

I work at Merton-Abbey; on Monday, the 21st, between seven and eight in the morning, I met Sibery and another man, which I think was the second one, (Dowst) but I cannot say; one of them had a handkerchief under his left arm, but I cannot say which.

Mr. Garrow. Have you known Sibery long? - I have seen him.

Are you sure Dowst was the other? - I think so, but I am not sure.

Knowing Sibery, you did not take any notice of the other? - No.

ROBERT DAWSON sworn.

I am an officer; on Monday, the 21st, I took Jervais with a bundle under his arm; I asked him what the bundle contained; he said, a piece of calico; he said, it was his own, that he lived at Old Ford, that he had just brought it from Old Ford.

(Produces the piece of calico.)

Mr. Garrow. How long have you been a thief-taker? - I do not know what you mean.

Do you mean to swear that? - About three or four years.

To Mr. Greaves. Look at that piece? - I cannot swear to it, but I believe from the mark and the situation of the cloth, it is ours; the manufacturer of it is here.

JOHN LEACH sworn.

I am partner with Messrs. Greaves, Hodgson and Newton.

Look at that piece? - I cannot positively swear to it.

Did Sibery apply to you and give any information about it? - Yes.

Mr. Garrow. Jervais was not in custody at that time, I believe? - No.

WILLIAM STRUTTON sworn.

I am the manufacturer of this piece of cotton; I sold it to Mess. Greaves, Hodgson Newton and Leach.

On his cross examination, he said that it was manufactured on purpose for the prosecutors, that he had more of it in his house, but that he had sold none it, except to the prosecutors.

CHARLES SIBERY sworn.

I am a calico-printer.

Confine yourself to what you know of Jervais and Dowst? - On Saturday, the 19th of January, about two o'clock in the afternoon, Jervais, Dowst and I went to the White Horse, at Old Ford, there we staid till about six o'clock at night; Jervais, Dowst, and I, and three more set off for London; when we got over London-bridge, we met Jervais's father and mother, and he turned back with them, and Dowst and I kept on toward Mitcham; going along, we agreed to rob the prosecutor's ground; we went to the gate at the lower end of the ground, and went in; we jumped over the sewer, and took up four pieces, each of us two, and carried them towards the ditch, and went round the field; we threw four pieces over, and then jumped over ourselves; we carried them two fields off, and hid them in some bushes; we agreed to bring them to London on Sunday night; on the Monday morning we went to the place where we had hid them; one piece I put round my body, and carried a piece in a handkerchief; Dowst took one, and we left one piece in another place; we went to the White Horse, at Old Ford, and told the rest they asked, if they were to be in; I said, I supposed they must be in, as they were in the other; at night, Jervais, and I and another, went and took the piece we had left, and set off towards London; we did not see Dowst any more till after we were taken.

Mr. Garrow. You are the same Sibery that was here the other day? - Yes.

The same man that stated yourself to be a thief? - Yes.

And to have drawn in every body that ever you could? - Yes.

And in short, that you should not have stated this, but that you expected to be hanged yourself? - Yes.

(Jervais and Dowst did not say any thing in their defence.)

There being no evidence to affect the other prisoners, they were not put upon their defence.

Dowst called three witnesses who gave him a good character.

ALL FIVE, NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880227-46

186. VANDER CRUYSEN was indicted for making, forging, and counterfeiting a certain paper writing for the payment of 280 l. sterling , in which paper-writing are contained the words and figures following, that is to say:

"February 23,

"1788. Sir, please to pay to the bearer the

"sum of two hundred and eighty pounds

"sterling, and place to my account, as this

"will be my sufficient receipt; I am, your

"most humble Servant, Venard."

Covent-garden, London, 280.

Addressed to Mr. Van Eek, banker, in Broad-street, No. 14, with intent to defraud William Carpenter .

A second Count, for uttering the same, with intention to defraud the said William Carpenter .

Third and fourth Count, the same as the first and second, only with intention to defraud Joshua Van Neck .

(The prisoner being a foreigner , an interpreter was sworn.)

WILLIAM CARPENTER sworn.

I am a watchmaker , in Frith-street, Soho; on the 23d of February about five or six o'clock in the afternoon, the prisoner came to my house, with one Joseph Boulogne (whose brother I knew very well) with his brother's compliments, that the prisoner wanted to buy some watches; I asked the prisoner what sort of watches he wanted? he said, he wanted them gold; I asked him what sort? if they were to be repeating, horizontal, or enamelled? he seemed quite at a loss, but said, they must be from twenty to forty guineas a-piece, and he wanted a dozen of them, that they were for Holland; I told him I had not them, but if he would stay till tomorrow morning, I could procure him that sort that I thought would do very well for that quarter; upon that, it was agreed that I should wait upon him the next morning about ten o'clock with the watches at Frome's, (formerly Lowe's Hotel, Covent-garden) where he said, he lodged; accordingly I did, and out of the two dozen, he chose thirteen, and he offered me fifty guineas less than what I asked him; I told him, I must consult the different gentlemen I had them of, and I would let him know the lowest price at four o'clock; but I could not see the gentleman they belonged to, and was obliged to put it off till the next morning, which was Saturday, at 11 o'clock; we had some words about the price, at last he agreed to give me 280 l. for the said thirteen watches; he said, he must send to his banker; then he called for pen and ink, and wrote this draft, (producing it) he drew it upon Messrs. Van-Neck, whom I know by reputation extremely well; I said, Sir, if your connection is with Messrs. Van Neck , I have not the least doubt but your draft will be paid honorably; he said, if it was double the sum, I need not be afraid; I was to go to receive the cash; in the mean time, he was to make some memorandum with respect to some Dutch names that he wanted putting on the watches; I went and presented the draft; they said, they knew nothing of the man; upon my return to the Hotel, my gentleman was gone; he was taken on the Sunday, at Margate.

Did you see him write this? - Yes, and two or three more in the room besides me.

(The draft read.)

What did he say his name was when he applied to you? - He said nothing about his name then.

Do you know his name now? - Vander Cruysen; several gentlemen in Court know him by that name; he was indicted at the last session by the name of Vander Cruysen.

How soon after did you see him again? - On Tuesday, to the best of my knowledge, at the Brown Bear , in Bow-street.

Were your watches ever found? - All were found upon him, except one.

He said nothing about his name? - Not a word.

Did Mr. Boulogne mention his name? - No.

Prisoner. What that gentleman says is true, except that he says he did not know my name, for he asked me what my name was.

JOSEPH BOULOGNE sworn.

I went with the prisoner at the request of my brother, to shew him the way to Mr. Carpenter's.

Did you know the prisoner? - I had never seen him before.

Did you hear his name? - Never, except when I saw him write his name to the draft upon Messrs. Van Neck .

ANTHONY BOULOGNE sworn.

I live at Frome's Hotel; I sent my brother with the prisoner to Mr. Carpenter's.

How long had you known him? - About two hours and a half, or three hours before.

How did you become acquainted with him? - The prisoner came to the Hotel as a stranger; he was asked to dinner with me, by Mr. Frome; he said, he was just come from Paris, where he had laid out 20,000 l. with Monsieur Le Roy, a famous watch-maker of that city; he said, that in

Holland they did not like French watches, for they were too slight; that he came to England for the purpose of buying English watches, for they were more solid; I told him, I knew a friend of mine, (meaning Mr. Carpenter) who was able to serve him, and I believed was a very honest man; after dinner, he asked me for his direction, and I sent my brother with him, with my compliments to Mr. Carpenter, and the gentleman wanted to buy some watches of him.

Did he tell you his name? - He did not; I never knew his name, not even when he signed the draft in my presence.

After Mr. Carpenter went away with the bill, what became of the prisoner? - The prisoner took the watches, and carried them into his room; Mr. Carpenter gave me two watches, which the prisoner did not chuse to buy, and desired me to put them away; I put them in my bureau in my own room; in the mean time, the prisoner took the opportunity to go off with the watches he had agreed for; I went in search of him, but could not see him; I went to Bow-street, and wrote a description of the prisoner to have hand-bills printed from.

You do not know what his name is now, do you? - I have reason to suppose his name is Vander Cruysen; he signed that name upon the back of the warrant.

Did you ever see him write except that bill? - Yes, he has wrote for me part of a letter in Dutch to my wife, who is a Dutch-woman.

Do you know his hand-writing? - I cannot take upon me to swear, but I thought it was something similar.

WILLIAM MOULD sworn.

I am servant to Mr. Cooper, pawnbroker, in Great Wild-street; on Saturday, the 23d of February, about seven o'clock in the evening, the prisoner pledged this watch with me for ten pounds, in the name of Brown; he wanted twelve guineas upon it.

Are you sure he is the man? - I am certain of it.

(The watch produced in Court, and deposed to by the prosecutor.)

HERMAN GOVALE sworn.

I am clerk to Messrs. Van Neck .

Do you know the prisoner? - No.

Does any body keep cash at your house in the name of Venard? - No.

You are sure of that? - Quite sure.

Where is Mr. Van Neck 's house? - In New Broad-street, in the city.

Is Mr. Van Neck a banker? - He is a merchant.

What is the firm of the house? - Gerard and Joshua Van Neck and Co.

No. 14? - There is no number, the compting-house belongs to a house, No. 10, they have no dwelling-house in the city.

PATRICK MACMANUS sworn.

When the prisoner was brought to Bow-street, I searched him, and found some watches, they hung inside his breeches behind, in a purse.

Did he say what his name was? - Not then, he did afterwards before the Justice in my hearing.

Was his examination taken in writing? - I believe so.

(The watches produced in Court, and deposed to by Mr. Carpenter.)

WILLIAM GARDINER sworn.

I live at the King's Head, Canterbury; I heard one of the hand-bills read last Sunday was a week; and about three o'clock the same afternoon, the prisoner came to the King's Head, hired a chaise, and I drove him to Margate; I stopped at the half-way house; I suspected he was the man; he pulled out a large watch without a chain; when we set off again, he told me to make haste; he ordered me to stop at the top of the hill going into Margate, which I did, and he gave me a guinea to give him change; I told him I could not; I drove him into the town; I got him change; I looked very hard at him, as I had a suspicion of him, and I saw a scab at the right side of the

upper lip, according to the description of the hand-bill; I told the landlord, Mr. Mitchener, that I suspected him; he said, he did not know what to do, that he had hired a place in the packet, and was to go at one o'clock in the morning; Mr. Mitchener went with me to the Mayor; I told him the same; the Mayor told me, I could not detain this man without the hand-bill, and if the man answered according to the hand-bill, I might stop him; I told him, I would go to Canterbury and get one; I hired a saddle-horse, and went away about eight o'clock; I got one of the hand-bills and came back about half past twelve o'clock; I and the constable, and Mr. Mitchener, and a man I brought from Canterbury to help me, went into the kitchen, and there was a man pretended to be the prisoner's servant asleep; we asked him if he knew the gentleman; he said, he got acquainted with him in Newgate; we asked him, if he had got any watches; he said no; I said, I was sure I saw him pull him one out; we went up stairs to the prisoner, told him we had had a suspicion he had robbed a gentleman in London; he denied he had any watches; I told him, I saw him pull one out; at last he pulled it out; the maker's name was Elicot; he said, he had no more; he came down stairs, and then owned he had eight more; we delivered them all to the constable; I went to the Mayor in the morning and told him how it was; he said, he could not grant a warrant; he told me I must go to Dover; I went to Dover, and when I came there, there was a warrant out against him.

(The nine watches were produced in Court by Robert Sims , who said he had them of the prisoner; they were deposed to by Mr. Carpenter.)

- PEREGRINE sworn.

About three or four months ago, I carried some watches to the prisoner at the bar, at an Hotel, in Jermyn-street, but they were all too small; upon coming out of the house, I enquired what the gentleman's name was.

You did not hear his name yourself? - No.

Did you ever see him write? - Only what he wrote at the office; he signed upon the back of the warrant, Vander Cruysen, as his own name.

Sims. I saw him write it.

PRISONER's DEFENCE.

I have nothing to say, but that I am innocent of the affair.

Court to the Prisoner. Do you know any thing of Venard? - It is my title, not my right name.

Are there any persons in England who know you to go by that title? - No.

The Jury found the prisoner GUILTY ;

And said, they were of opinion that by Mr. Van Eek, banker, of Broad-street, No. 14, was meant Messrs. Gerard and Joshua Van Neck , of Broad-street, merchants.

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880227-47

187. EDWARD COLLYER was indicted, for that he, on the 26th of February in the king's highway, in and upon James Emperor , did make an assault, putting him in corporal fear and danger of his life, and taking from his person two linen shirts, value 2 s. a linen shift, value 12 d. and two linen cloths, value 2 d. the property of William Ball .

JOHN EMPEROR sworn.

My child was robbed on the 26th of February.

How old is he? - Eight years; I know nothing of it myself, but I have seen the things since the prisoner was taken.

( James Emperor was called, but not understanding the nature of an oath, was not permitted to be sworn.

GEORGE HAMMET sworn.

On the 26th of February I saw the prisoner with a white bundle running up Bentinck-street; he saw me coming towards him, and threw the bundle over the rails into an area; I ran after him till I came to Berwick-street; I never lost sight of him; I took him, and carried him before a magistrate.

Prisoner. Did you see me throw the bundle over the rails, or any other boys? - There was another little boy ran up the street, but this was the boy that had the bundle.

Have you any doubt about his person? - Not the least.

ARTHUR BENTLEY sworn.

I heard the cry of stop thief? I looked out and saw this boy run; he called out himself stop thief! I ran out and stopped him, he had nothing about him.

RICHARD WEBB sworn.

I live in Bentinck-street; I found this bundle down my area; I have had it ever since.

(Produces it.)

ELIZABETH BALL sworn.

I live at No. 286, Oxford-street; on the 26th of February about a quarter after seven in the evening, I sent James Emperor with the bundle home to his mother, to wash; she lives in Edward-street.

(Deposes to the things.)

PRISONER's DEFENCE.

I was going up Berwick-street, this gentleman laid hold of me, and said, I took the bundle from the child; he said before the Justice it was not me, it was a little boy that carried out newspapers; they fetched him; he said he did not take it, and then he swore to me.

To Hammett. Did the little boy say in your presence, the prisoner was not the boy that took it? - No.

GUILTY, Of stealing the goods, but not guilty of the highway robbery .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17880227-48

188. ABRAHAM BEAN was indicted for feloniously stealing, on the 4th of February , two pint pewter pots, value 2 s. the property of Thomas Winter .

It appeared that the prisoner was so much in liquor as not to know what he did.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17880227-49

189. WILLIAM HOOPER was indicted for feloniously stealing, on the 17th of February , a wooden ladder, value 7 s. 6 d. the property of James Haggard and William Trimmings .

The witnesses were examined apart at the request of the prisoner.

JAMES HAGGARD sworn.

I am a brickmaker , in partnership with William Timmings ; I lost a ladder from a building in Tottenham-court-road ; about eight or ten days afterwards, I found it in the prisoner's yard in Brooke's Gardens, it was branded with the initials of our names, the letters H. & T. it had been put up against a brick-kiln while it was alight, and had a burn in that part that stood against it; I knew it by that.

(On his cross examination he said, that the ladder was on the premises for the use of his

men, that it is common for one man to lend to another, but that he never employed the prisoner.)

( John Thomas , a carpenter, and George Anderson , a plaisterer, who were with the prosecutor when he found it, confirmed his evidence.)

Prisoner. I leave my defence to my counsel.

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

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17880227-50

190. WILLIAM HOOPER was a second time indicted for feloniously stealing on the 5th of November , an iron axe with a wooden handle, value 1 s. two hand-saws, value 3 s. a key-hole saw, value 3 d. and two brad-awls, value 2 d. the property of John Thomas , and a wire lime-sieve, value 1 s. the property of George Anderson .

(The witnesses were examined apart at the request of the prisoner.)

GEORGE ANDERSON sworn.

I am a plaisterer ; I lost a wire lime-sieve, on the 5th of November last, from a building in Southampton-Buildings , it was locked up in a cellar or vault of Mr. Thomas's, it was put in with his tools; it was of a Saturday evening; on the Monday morning, the vault door was broke open, and the sieve was gone and some tools with it; two months after I found my sieve, I received it in the prisoner's kitchen, or cellar, from Mr. Thomas, on the 18th of February; I cannot swear to the sieve, it is so defaced; there were two marks with a branding-iron, but they are both cut out, but I believe it to be my sieve; he said, he had borrowed it about two months ago.

( James Haggard , who was with the last witness, confirmed his evidence)

JOHN THOMAS sworn.

The things I lost were kept in a vault in a building in Southampton-buildings; I saw them on the Saturday night; on the Monday morning, I found the door broke open, and the tools gone; I and Haggard went to the prisoner's house; we met him; he went back with us to his own house; I insisted upon his opening the cellar door; to see if I could find any thing belonging to me; the first thing I saw, was an iron axe of mine. I have had it I suppose ten years; there are two pieces broke in the head of it; I have not the least doubt of it being mine; between the floor and joists in the cieling I found my hand-saw, there is a piece of the handle broke; it is an ash handle; I have had it in use twelve years; I found another saw, that was my man's, a key-hole saw, with a piece broke off the handle; we found the two brad-awls behind the door.

(The things produced in Court, and deposed to by the witness.)

(The saw was produced in Court, and deposed to by Anderson.)

Prisoner. I leave my defence to my counsel.

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

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17880227-51

191. THOMAS HERVEY was indicted for feloniously stealing on the 12th of January , forty-eight pounds weight of lead, value 6 s. the property of Charles Beek ; the said lead being fixed to two houses belonging to the said Charles .

CHARLES BEEK sworn.

I have two houses in Spitalfields , one of them is an empty house; I know nothing of the robbery.

RICHARD COOPER sworn.

On Saturday, the 12th of January, about half after six in the evening, I took the prisoner in Mr. Beek's empty house; I took him up stairs, and saw the lead rolled up in the first floor; he laid hold of me, and said for God's sake do not tell Mr. Beek! if you do he will transport me.

Did it appear newly cut? - No; they had pulled it off, and rolled it up; I asked him where he had it from? he said, he would shew me; I followed him up stairs; he said, he got out and took the tiles off.

Had you said, it would be better for him to confess it? - No; he asked me to help him put it on again; I said, I would not; it was taken from the gutter between the two houses.

Do they both belong to Mr. Beek? - Yes; the prisoner had worked for my master; he is a bricklayer.

JEREMIAH CHURCH sworn.

I am a carpenter; I laid this gutter new a few weeks before.

How much lead was there? - About fifty pounds, it is here; I marked it at the office with a point of a sharp knife.

Was there any mark when you laid it down by which you can swear to it? - Yes, three holes where the holdfasts went in to fasten it to the chimney.

PRISONER's DEFENCE.

I was asked into this house; I went in; before I got up stairs, this man came with a candle, and a man ran down by us, and jumped out of the window; I knew nothing of the lead; I worked for Mr. Beek a great while, he will give me a good character.

Mr. Beek. I cannot say I ever saw any harm of him; I never knew him dishonest.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17880227-52

192. CHARLES KEELING otherwise MORRISON was indicted for feloniously stealing on the 9th of December , a silver pint mug, value 4 l. and a silver table-spoon, value 12 s. the property of Elizabeth Clarke , widow , in her dwelling-house .

(The witnesses examined apart at the request of the prisoner.)

ROBERT WILLIAMS sworn.

I am waiter to Mrs. Clarke who keeps the Key Tavern, Chandos-street ; on the 9th of December, the prisoner was at our house; at night I carried the mug into his room; about seven o'clock in the morning I found he was gone out of window.

Do you know any thing of the tablespoon? - No.

SARAH WICKS sworn.

I am servant to Mrs. Clarke.

Do you know any thing of the pint mug or table-spoon? - No; the prisoner came to our house on the 7th of December, and I believe he went the Sunday night, or Monday morning.

To Williams. Did the prisoner pay his bill when he went away? - No.

Did you all go to bed and leave him up? - No, I sat up all night.

Are you sure he owed a bill? - Yes; I paid it myself.

How came you to pay it? - I pay every thing I have of my mistress every day.

Did you ever see him after that? - Yes; at a public-house in Titchfield-street, six weeks after.

Did you tell him any thing about your mistress's property? - No; I told him I had a bill against him.

Who is Maria Fletcher ? - A lady that was with him when he first came to the house, she is not here, though she was bound over to prosecute as well as I.

( Maria Fletcher was called but not appearing, her recognizance was ordered to be estreated.)

To Williams. Was she in the house

whole time? - Yes; she rang the bell in the morning, and asked if the gentleman was down stairs; Sarah Wicks answered the bell.

These rooms were open to the servants in the house? - Yes.

How many servants have you? - Six of us in all.

Prisoner. I have a copy of the bill; there is nothing in it that it could be supposed the pint mug could have contained.

To Williams. Is that a copy of the bill you delivered? - I cannot tell, I have the original; (producing it) he had no bill at all delivered to him; this is the bill I made out against him.

Was the brandy in the bill before dinner, or after dinner? - Both; we always put it into one article.

This is a silver tankard? - Yes.

What might the value be? - I have been asked four pounds, and four pounds ten shillings in the shops for one of the same description.

Prisoner. Have you not been paid the bill by any body? - No, I have not; there were two gentlemen, friends of his, called, and took a copy of the bill after he was in custody.

You saw them copy the bil? - Yes; they said it was very odd I let him have so much liquor; I gave them pen, ink, and paper; they copied the bill, and gave it me back again.

PRISONER's DEFENCE.

I came to this man's house, and when I found myself incapable of paying the bill, I left the house; I left the gentlewoman there that was with me, by her consent; I left the house when I had not sufficient to discharge the bill.

GUILTY, Of stealing the goods to the value of 39 s.

Transported for seven years .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17880227-53

193. SIMON LAVENDAR was indicted for feloniously stealing, on the 6th of February , a woollen hammer cloth, value 42 s. the property of James Exeter .

CHRITOPER TAYLOR sworn.

I am foreman to Mr. Exeter, coach-maker , I only prove the property.

RICHARD SCOTT sworn.

I am a butcher; opposite Great Garden-street, Whitechapel, about fifty or sixty yards from Mr. Exeter's, on Wednesday the 6th of February, I saw two men stealing some beef from my stall; the prisoner was one, I followed him for a mile and a quarter, he was never out of my sight, I took him with this hammer-cloth under his arm.

(The cloth produced in Court, and deposed to by Taylor.)

PRISONER's DEFENCE.

I was going a voyage, and came ashore to buy some things I wanted; I met with a young fellow I had known two years before, he took me up to Whitechapel, and asked me to carry this cloth for him, when Scott took me.

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

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17880227-54

194. ANN WHEELER and ELIZABETH BARNSLEY were indicted for feloniously stealing, on the 26th of February , eighteen yards of muslin, value 6 l. the property of Enoch Hodgkinson , George Warrener , and John Percival , privily in their shop .

The indictment was opened by Mr. Knowlys.

JOHN PERCIVAL sworn.

I am a linen-draper in Bond-street , partner with Enoch Hodgkinson and George Warrener ; on Tuesday the 26th of February, about four o'clock in the afternoon, I lost the things in the indictment; I was in the fore-shop, I met Mr. Cundel coming out of the back-shop from the ladies; he desired me to attend to them; upon my entering the back shop, I observed Wheeler pull some muslins off the counter into her lap, they were both sitting close to the counter; she then concealed it under her cloak and muff, she had a very large white silk cloak on, trimmed with furr, and a very large muff.

How long did they stay after that? - About a quarter of an hour; they bought a remnant of Irish, which they had asked for before, about five or six shillings, they paid for it, took the parcel, and were going away together; upon their approach to the shop-door, at the distance of eight yards from where they were sitting, I attempted to lay hold of the prisoner Wheeler's apron, and she immediately turned round, and returned to where she had been sitting before, the other followed her; I saw her drop the muslins; and the other immediately picked them up, and laid them on the counter.

How far were they from the counter, when you saw them drop the muslins? - Close to the counter.

Was any thing said by either of them at the time of dropping them? - Not till I charged them with it; Wheeler said she was surprised I should charge her with taking the muslins; Barnsley said her name was Williams, that she lived at Cold Bath-fields; Wheeler said she was acquainted with Lady Spencer, that she was a customer at the shop, and had frequently come with her servants; I sent for a constable and took them up.

Mr. Silvester. Those ladies came to your shop, bought a piece of Irish, and paid for it; what did they give you? - They gave Mr. Cundel a ten pound note.

They bought some muslin as well as Irish? - Yes.

You never charged them at all with the theft, till the muslins were on your counter? - No.

You shewed them a number of pieces of muslin? - The counter was littered all over with muslins.

Then some of the pieces might have fell down? - No, there were none down.

WILLIAM CUNDELL sworn.

I am shopman to Mr. Percival; on the 26th of February, about four o'clock, the two prisoners came into the further end of the back shop together; Barnsley desired to see some muslin, the same as they had seen last week, that it was ell wide at nine shillings a yard; I served her with three ells of muslin, which came to thirty-five shillings, and which she bought and put in her pocket; she said I must give her change for a ten pounds note; but she recollected before I gave her change, that she wanted a small quantity of Irish, the same that she had some of the week before, at four shillings and two-pence a yard, and added, that the little man, then in the front-shop would know the sort; I left the ladies and went into the front-shop; I met Mr. Percival in the front shop, I desired he would walk into the back shop to them; they were sitting about ten yards from where I met him; I looked among the remnants of Irish, and found one, which Barnsley bought, and gave six shillings for it; I then gave her her change out of the ten pounds note; they had got their parcels, and were going out, as they were approaching the back shop door, Mr. Percival attempted to take hold of Wheeler's apron; she then turned round, and went to the place where they had been sitting; she was immediately followed by Barnsley; I saw Barnsley pick up the muslins from the floor, and lay them on the counter; when Mr. Percival immediately took the muslin, and charged Wheeler with the theft.

How far was it from the place where

they had sat down, to the place where Mr. Percival attempted to lay hold of Wheeler's apron? - Six or seven yards, or thereabouts.

Did you observe any muslin on the floor, before they turned back? - I did not; I think if there had been any, I could not but have seen it; Barnsley said that her name was Williams, that she lived in Cold Bath-street, Cold Bath-fields; Wheeler said that she was very well known, that Lady Spencer knew her; (the muslin produced in Court.) It is in four pieces, I marked the length of them on the muslins, previous to my taking them to Bow-street, (looks at them) upon this piece is marked three yards and five-eighths; the next piece is marked two yards and three quarters; the next is marked two yards and five eighths, and the other piece has ten yards marked upon it.

Are you able to say they are your master's property? - Yes.

And the very property that were taken up at the time by Barnsley? - Yes.

Mr. Silvester. These goods had been shewn to somebody, and were laying with great disorder on the counter? - Yes, in some disorder.

Did you observe if any muslins were fell down? - I did not observe any down.

There had been no charge made till the muslins were laid on the counter; where have these muslins been kept? - In the shop under the stairs.

How many of you have had access to them? - Seven of us, masters and all.

For how many days? - Ever since last Wednesday.

They have not been kept under lock and key? - No.

Court. What are your shop marks? - A, E, H, L, O, R, D, K, P,

What is the value? - Six pounds.

Prosecutor. I told the clerk of the indictments that it was not privately, and I desired him not to lay it capital.

Mr. Silvester. When Wheeler returned to the counter, was it not to look at a printed muslin, which she said if she had any, would suit her? - She certainly did.

Wheeler. He said Ma'am, there is a very pretty print; that was the cause of his laying hold of my apron to shew me that, and on that account I turned back.

Is the Constable here? - No.

Why is he not here? - He saw nothing of the transaction.

Barnsley. Whether Mr. Percival did not mark the muslin himself from a great number of other pieces? - No, I did not.

WHEELER's DEFENCE.

As Mr. Percival denies marking the muslin, I have nothing more to say; he marked them himself, from a great quantity in his own shop, before the constable, who could have proved it.

Barnsley. I leave my defence to my Counsel.

BOTH GUILTY, Of stealing the goods, but not privily in the shop .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17880227-55

195. LEONARD KENT and MARGARET KENT were indicted for feloniously stealing, on the 23d of February , twenty-four pewter plates, value 18 s. and four pewter spoons, value 8 d. the property of Nathaniel Barber .

NATHANIEL BARBER sworn.

I am a pewterer ; on the 23d of February last, I saw the pewter plates in the indictment in the possession of the woman; the man lived servant with me four or five years, till he was taken up, the spoons were found at their lodgings, I found the plates at a Mr. Farmer's in Long-lane, I knew them to be mine, some of them were broke at the edges, and had my predecessor's name upon them, John Home ; I had

seen them upon my counter about three or four days before.

Your predecessor has sold a great many plates with Home upon them? - No doubt.

You, as well as he, sell old plates with bits out of them? - Yes.

As to the spoons? - There were but four of them that I could swear to, with the name of Home upon them.

But you have sold many with the name of Home? - Many gross, they were new spoons, had never been used.

WILLIAM FARMER sworn.

I am a pewterer. The woman at the bar offered me twenty-four pewter plates for sale, at seven pence a pound, which is the common price, but I did not buy them; I sent for Mr. Barber, and shewed him the plates, they weighed thirty pounds; I have had them in my possession till the first day of the sessions, then Mr. Barber took them of me.

(The plates were produced in Court, and Mr. Barber pointed out three of them with pieces broke out of them, which he said he knew them by. They were shewn to the Jury.)

Jury. Here is John upon them very plain, and the H, but we cannot make out the rest of it, it may be Haynes for any thing we know.

WILLIAM CROSSLEY sworn.

I am a constable; I found these spoons in the prisoner's apartment. (Producing them.)

(The prosecutor said they were his, that he knew them by the name John Home upon them, that there was no other mark.)

MARGARET KENT 's DEFENCE.

I was out on Saturday morning; the plates were left at my house for sale.

LEONARD KENT 's DEFENCE.

I know nothing of it.

The prisoners called Samuel Evans , who had known them thirty years, and gave them a good character.

BOTH NOT GUILTY .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17880227-56

196. RICHARD PARKER was indicted for feloniously stealing, on the 8th of February , one hundred bricks called stock bricks, value 20 s. the property of John Gorham and Company.

There not being sufficient evidence to bring the charge home to the prisoner, he was found

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17880227-57

197. JOHN LINEN and JOHN ROPER were indicted for feloniously stealing, on the 29th day of January , one hempen sack, value 1 s. and 200 pounds weight of salt, value 20 s. the property of Thomas Hattersby and John Stevens .

THOMAS HATTERSBY sworn.

I have warehouses at Bryant's Wharf, St. Catherine's , in partnership with John Stevens : Linen was taken with the salt on his back.

JOHN BRYANT sworn.

On the 29th of January, I was standing at the gateway of my wharf; I saw Linen come out with a sack on his back; I followed him, and asked him where he was going to carry it: he said to Mr. Harrison's wharf; I brought him back, and called Roper, who was the warehouse keeper, and asked if it was his master's property; he said he did not know, nor how the man came by it: Linen said he was employed to carry it.

(The prosecutor said there was no mark on the sack, he could not swear to it.)

LINEN's DEFENCE.

I was hired to carry it to Harrison's Wharf; I do not know the man that hired me.

(Roper was not put on his defence.)

Linen called three witnesses who gave him a good character.

BOTH NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880227-58

198. MARY MACDONALD (a child ten years old) was indicted for feloniously stealing, on the 18th of February , eight yards of printed cotton, value 18 s. the property of Henry Snowden .

JOHN MOORE sworn.

On Monday, the 18th of February, I was behind my master's counter, opposite Mr. Snowden's; I saw the prisoner take a piece of printed cotton off the horse just within Mr. Snowden's shop, where it stood for shew; she put it under her cloak and went away; I pursued her, and took her in my arms with the cotton, and brought her back into the shop; she said, a boy in a blue great coat gave it her; there was not a boy near.

(It was produced in Court, and deposed to by Robert Shaw , the servant of the prosecutor.)

Shaw. She said her parents lived in Rosemary-lane; her mother came up the next day.

She called her mother to speak to her character.

GUILTY .

Whipped .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880227-59

199. JOHN LACEY was indicted for feloniously stealing, on the 18th of January , a set of silver castors, value 20 s. a silver salt-cellar, value 10 s. and a silver salt-spoon, value 2 s. the property of Anna Scatliff .

ANNA SCATLIFF sworn.

On the 18th of January about one o'clock, I was at an opposite neighbour's; I saw the prisoner come out of my door; I called to him, he made no answer; I crossed the way, and called, stop him; a person stopped him, and I found the things mentioned in the indictment, in his apron; they were in my parlor; I saw them about five minutes before; he said, a man in a green coat met him, and bid him go into that house, and bring something out, or he would cut his throat; but if he did, he would give him a shilling, and that when I came after him, the man ran away.

PRISONER's DEFENCE.

I was going down Wapping; a man put these things in my apron, and desired me to carry them to Cross-street; my father and mother died since I have been in prison.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880227-60

200. THOMAS LING was indicted for feloniously stealing, on the 20th of February , eighty-one pounds weight of lead, value 13 s. the property of Peter Hammond , Esq. the same being fixed to a dwelling-house of the said Peter .

THOMAS ABBOT sworn.

I am foreman belonging to Mr. Norris, of Castle-street, Holborn; the prisoner was one of my master's labourers ; he was at work upon a job for Mr. Hammond, in Gilbert's-passage, Portugal-street, Clare-market ; on the 20th of February, I was going to that house, about five o'clock in the evening, to see what the men were about;

I saw the prisoner coming out of the house, with a loaded basket upon his shoulder; I followed him into great Wild-street; there he went into an iron shop, and put the basket down on the counter; his back was towards me; I heard Mrs. Brady say, let me weigh this man's cock, and I will weigh yours; I pulled him, and told him he should go along with me, and carry the basket of lead home to my master's, and he did; I let him pitch it as often as he pleased, but I made him carry it home; I let the prisoner go, and the next morning about six o'clock, when I went to my master's to receive orders, I acquainted him with the whole of it; I went to Bow-street, and got an officer, and he was taken up; the next day I examined the place it was taken from; there had been a water-closet, and at the bottom of it, there was a stink trap, to which the lead was adjoining, that conveyed the water into the cellar, and from thence into the common sewer; the lead was gone; it appeared to have been very lately cut; I compared it, and am positive it was the lead that was cut from Mr. Hammond's house.

(The lead was produced in Court, and deposed to by the witness.)

PRISONER's DEFENCE.

I found it in the street, lying by some rubbish, as if it had dropped from a cart.

GUILTY .

Whipped .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17880227-61

201. JOHN MACDOWALL and GEORGE NICHOLSON were indicted for feloniously stealing, on the 19th of January , sixty pounds weight of lead, the property of William Ward ; the same being fixed to a certain building belonging to the said William .

(The witnesses were examined apart at the request of the prisoner.)

MILES HARP sworn.

I am a watchman; on the 18th of January between ten and eleven at night, I saw the prisoner on the top of a house, in Carbuncle-street, Mary-le-bone ; I alarmed the people of the house and went up; I saw him get over a party-wall; I followed him, till he came to the last house in the row; he pulled five or six of the tiles off, and jumped through the ceiling, into the garret of an empty-house; I followed him the same way; I could not find him; I went down into the kitchen; I found the sash up, and he was gone; to the best of my judgment Nicholson was the man; I cannot swear it positively.

JOHN CLEMENT sworn.

I am a watchman, in Carbuncle-street; on the 18th of January I took the prisoner M'Dowal, in the cock-loft of Mr. Ward's house; my partner and I found the lead in a sack, and a knot and pair of shoes in the garret under the cock loft.

Who is your partner? - His name is Mackey, I believe; I carried the lead to the watch house.

(The lead was produced in Court.)

MATTHEW MILLER sworn.

I was officer of the night; I took Nicholson in a crowd; I searched him, but found nothing upon him; the prosecutor, Mr. Ward, is not here.

WILLIAM RILEY sworn.

I am groom to a foreign nobleman; I occupy part of the next house to Mr. Ward's; I saw two men upon his house about seven o'clock in the evening; I let them alone till the watch was set; then I gave the alarm; they were very busy till three-quarters after nine o'clock.

Daniel M'Daniel confirmed the evidence of Clement as to the taking of M'Dowal.

Edward King deposed, that hearing one of them had got over the wall, he followed him, and took Nicholson behind the wall, and delivered him to the constable.

M'DOWAL's DEFENCE.

I saw the door open, and went up into the cock-loft to sleep.

NICHOLSON's DEFENCE.

I was intoxicated, somebody stole my shoes off my feet; I wanted to ease myself, and went to this wall where I was taken.

BOTH NOT GUILTY .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17880227-62

202. WILLIAM ALDER was indicted for feloniously stealing, on the 22d of January , a linen shirt, value 5 s. a pair of corderoy breeches, value 12 d. a cotton gown, value 2 s. a pair of leather shoes, value 12 d. a pair of worsted stockings, value 6 d. a pair of base metal shoe-buckles, value 6 d. and a child's silk bonnet, value 6 d. the property of John Howe .

JOHN HOWE sworn.

I have two rooms, the prisoner lodged in one; on the 22d of January he went out about six in the morning; after he was gone, I missed the things mentioned in the indictment; (repeating them); on the 27th, in consequence of an information, I went after him to Twickenham, and found the property upon him; he had the breeches on, the rest were in his father's room; he delivered them up, and owned to every thing.

JOHN WILLET sworn.

I heard the prisoner confess he had them.

(They were produced in Court, and deposed to by the prosecutor.)

PRISONER's DEFENCE.

I picked the things up.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880227-63

203. JAMES COLLY , JOHN HAYES , and JAMES HUNT were indicted for feloniously stealing, on the 18th of January , one hundred and fifty pounds weight of lead, value 14 s. the property of James Caney , the same being fixed to four dwelling houses belonging to the said James .

ROBERT CANEY sworn.

I am the son of James Caney ; on the 18th of January, I was informed the lead was gone from my father's houses.

JOHN NEWELL sworn.

On the 18th of January I came home about six o'clock in the evening, I heard a noise in an empty house adjoining, and saw the shutters open; I got a light, I found the door open, I went up stairs; when I got to the garret, I found the roof broke, big enough for a man to go through; when I got out at the top of the house my candle went out; I saw a man behind the chimney hiding himself, he went over the tops of the houses, and got clear off; the people in the street hallooed out shoot them, shoot them; Colly and Hayes came to where I stood, and said they would resign themselves, and desired me not to use them ill; I told them I would not hurt them, they would hurt themselves by coming there; they said they had no father, and no money to pay their lodging; that seeing this house open, they came in to lay there; I saw the lead piled in heaps in the gutter, it was light enough to see them; the moon shone very bright.

(James Miller confirmed the last witness as to the taking Colly and Hayes.)

JOHN SHEFFIELD sworn.

I live in an alley adjoining, I heard the alarm; I saw Hunt slide the tiles upon his backside, and come upon the wash-house of my house; he ran along a brick wall, and jumped over some pales into the next yard; I jumped over after him and took him; he said he was no thief.

SAMUEL CROMARTIE sworn.

On Friday evening I heard the alarm, I went up stairs with Miller and Newell, and apprehended Colly and Hayes; there were three or four parcels of lead rolled up; I carried part of it to the Justice's, I did not examine the place it was taken from.

To Caney. Did you see this lead? - The first time I saw it was at Justice Staples's office, I tried them upon the gutter, and they fitted exactly, it weighed one hundred and fifty pounds, it was a gutter, and run the length of four houses.

HAYES's DEFENCE.

My father and mother had been quarrelling, and I could not bear to stay at home to see that; I met with these other prisoners, and we went into this house to sleep.

The other prisoners did not say any thing in their defence.

Hayes called one witness, Hunt called five witnesses, and Colly called two witnesses, who gave them very good characters.

ALL THREE, GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880227-64

204. ELIZABETH BALDWYN was indicted for feloniously stealing, on the 7th of February , a man's linen shirt, value 5 s. two boy's shirts, value 5 s. a child's frock, value 10 s. a cambrick frock, value 1 s. 6 d. a child's shirt, value 1 s. a muslin handkerchief, value 2 s. two yards of cotton, value 2 s. two dimity table cloths, value 2 s. two pair of cotton stockings, value 4 s. a linen sheet, value 1 s. 6 d. a linen pillow-case, value 6 d. and a flat iron, value 8 d. the property of Alexander Robe .

ALEXANDER ROBE sworn.

I am a taylor , I live in Houndsditch ; I lost the things mentioned in the indictment on the 7th of this month; the prisoner was a weekly servant to me; I found my things afterwards at the pawnbroker's.

(The things were produced in Court by different pawnbrokers, who received them of the prisoner, and deposed to by the prosecutor.)

To Robe. When did the prisoner first come into your family? - About three weeks before the things were stole; we did not miss any thing till the 7th of February, the morning she went away; the things were there the night before; she was taken up eight days afterwards, when she gave me an account of those things which I have found.

PRISONER's DEFENCE.

I know nothing of the things he accuses me of, which are not found; when he met with me he desired me to let him know where the things were, and promised on the word of a man that he would not hurt me.

Prosecutor. I said if she would shew me the duplicates of the things, I would not be hard upon her; she said she had no duplicates; when she came to the bottom of London Bridge, on the other side, she tried to get from me, and ran down an alley, on that I called a constable directly.

Did you make her any promise? - No, none at all; I said I would not trouble her; those were the words, if she would give me the duplicates; she said she had no duplicates.

GUILTY .

Imprisoned six months .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17880227-65

205. WILLIAM DAVIS and RICHARD BOLLARD were indicted; the first for feloniously stealing, on the 22d of January , three pair of iron trace-chains, value 15 s. three leather back-bands, value 3 s. three leather belly-bands and straps, value 1 s. 6 d. and three leather head-stall halters, value 1 s. 6 d. the property of Mary Tidd , widow , and the other for feloniously receiving the above goods, knowing them to have been stolen .

There being no evidence to bring the charge home to the prisoners, the Jury found them,

BOTH NOT GUILTY .

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

Reference Number: t17880227-66

206. WILLIAM DAVIS was again indicted for feloniously stealing, on the 29th of January , three pair of iron trace-chains, value 15 s. and three pair of hip-strap buckling-pieces, made of leather and iron, value 1 s. the property of Mary Tidd , widow .

THOMAS TIDD sworn.

The things mentioned in the indictment were missed the 29th of January; they were in the stable the night before; the patrol stopped the prisoner with them.

JOHN BROWN sworn.

On the 29th of January, about seven o'clock, I took the prisoner with these things (producing them); in a field, near Bagnigge-Wells; I secured him and he was committed.

(They were deposed to by Thomas Tidd .)

JOHN DINMORE sworn.

On the 29th of January, about eight o'clock, I was sent for to take charge of the prisoner; first, he said a man gave them to him to carry; then he said they were his own; then he confessed he took them from the prosecutor.

PRISONER's DEFENCE.

I picked them up in the field as he was coming to me.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17880227-67

207. JOSEPH MOSS was indicted for feloniously stealing, on the 24th of January , a cloth great coat, value 10 s. the property of Constantine M'Guire .

CONSTANTINE M'GUIRE sworn.

I lost a great coat some time in January, at the Stock Exchange Coffee-house ; I saw it afterwards at the Mansion-house.

WILLIAM CATTEN sworn.

I am waiter at the Stock Exchange Coffee-house; the 24th of January, about a quarter before ten in the evening, the prisoner came into the house, he walked to the further end of the coffee-house, and took the great coat off a rail by the fire, and went out; about ten minutes after he was gone, I missed Mr. M'Guire's great coat, and went after him, and found him in the passage, he had the great coat on his arm; I believe he saw me before I saw him, for he set up a running; I pursued him, and he threw down the coat the corner of Threadneedle-street; I picked it up, and delivered it to the constable; he was taken just after.

(The coat was produced in Court by the constable, and deposed to by Mr. M'Guire)

(Two other witnesses deposed, that they saw the prisoner running, that they heard the cry of, stop thief! they saw him throw down the coat, and they secured him at the corner of Birchin-lane.)

PRISONER's DEFENCE.

I went to meet a gentleman at the Coffee-house;

I hung my coat across the rail, and called for capillaire; not serving me, I took my coat and went away; when I had got as far as Austin's Friars, I found I had taken another coat with me; I went back to return it, and I was knocked down just as I got the corner of Birchin-lane.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17880227-68

208. JOSEPH NEWTON was indicted for feloniously stealing, on the 11th of January , a wicker hamper, value 1 s. and twenty-four glass bottles, value 4 s. the property of John Wilkinson and Thomas Brown .

THOMAS BROWN sworn.

I am in partnership with John Wilkinson ; on the 11th of January, about four o'clock, as I came home to dinner, when I was opposite the door, I saw the prisoner come out of our yard with a hamper on his shoulder, I went after him, and stopped him, and brought him back into the yard with it on his shoulder, there were twenty-four bottles in it, and my partner's name on the hamper; I know them to be ours.

PRISONER's DEFENCE.

A man employed me to carry the hamper to Wapping-old-stairs; and said, he would be there as soon as me; if not, I might call for a pint of beer.

Prosecutor. There was no other person in the yard; I saw the prisoner go in and come out.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17880227-69

209. SOLOMON BAKER otherwise Buckero was indicted for feloniously stealing, on the 25th of January , a stone bottle, value 1 s. and a gallon and pint of chamber-oil, value 7 s. 3 d. the property of Thomas Benrel .

It appeared in evidence that the bottle of oil was taken from the Plaistow coach, and it was laid to be the property of the driver, instead of being laid the property of his master; the Court therefore directed the Jury to find the prisoner,

NOT GUILTY .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17880227-70

210. HENRY MARKS was indicted for feloniously stealing, on the 1st of February , two ounces and sixteen penny-weights of silver, value 14 s. the property of William Holliday .

WILLIAM HOLLIDAY sworn.

I am a silver caster ; the prisoner was my servant ; on the 31st of January, I missed the silver mentioned in the indictment; the next morning, I charged the prisoner with it, he strictly denied it; I took him up stairs to search his bed-room, and observed him with his hand, shuffling something out of one pocket into the other; I told him, I saw what he was after, upon which, he made his way down stairs again; I followed him, and took him by the collar on the landing-place, shoved him against the wall, and wrenched his hand from behind him, and he dropped some silver (producing it) into my hand; it is my property, I have the pattern of it; I sent for a constable, and gave charge of him; we went up, and searched his room and found two other pieces on his bedstead, under the clothes; we then searched the prisoner, and found another piece of silver in his snuff-box; he said before the Lord Mayor, it was my property, and that it was the first time.

THOMAS WYAT sworn.

I have had the silver in my possession ever since; I found two little bits of silver on his bedstead.

(The silver was produced in Court, and deposed to by the prosecutor.)

PRISONER's DEFENCE.

I know nothing of it.

GUILTY .

Whipped and imprisoned six months .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17880227-71

211. WILLIAM WHITTLE was indicted for feloniously stealing, on the 11th of February , eighteen pounds weight of iron, value 3 s. the property of John Batchelor and William Batchelor .

WILLIAM BATCHELOR sworn.

I am a tire-smith , in partnership with John Batchelor ; the prisoner was my Journeyman ; on the 11th of February, I lost eighteen pounds of iron; I saw it taken from the prisoner, about half after seven o'clock in the evening in my house; I know this piece to be mine; (producing it.) I had previously marked it at both ends, with a chissel.

RICHARD HUMPHRY sworn.

I am servant to the prosecutor; my master desired me to watch in the cellar; the prisoner came down and filled his pockets with iron, and went out with the other men; I went after him, and took it from him; and my master charged a constable with him.

PRISONER's DEFENCE.

I have a wife and two children, and an old father, sixty-two years of age, to maintain; I hope you will be as favourable as you can; it is the first offence I have been guilty of.

GUILTY .

Whipped and imprisoned six months .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17880227-72

212. HANNAH GEE , otherwise TEASDALE was indicted for feloniously stealing, on the 9th of February , a cotton gown and coat, value 10 s. a pair of stays, value 5 s. a printed calico gown, value 5 s. a cloth cloak, value 5 s. a pair of stuff shoes, value 1 s. a linen apron, value 1 s. and a handkerchief, value 1 s. the property of John Green .

ELIZABETH GREEN sworn.

I am the wife of John Green; I live at London-wall ; the prisoner was my servant , I had been ill for sometime before this; I did not come down that day till eleven o'clock; when I came down, I saw her in the passage, pinning her bonnet on; she put her cloak on, and went up stairs; I followed her into the room, opposite that where the things had been kept; I detected her with the things in her lap, tied up in an handkerchief of mine, except the stays and apron, which were loose under her cloak; I had her taken up.

Prisoner. Why did I wear my bonnet, was not it because I had bad eyes? - She had not wore this bonnet for two days before.

GRACE FREED sworn.

I lodge in this house; Mrs. Green called her husband; he did not come, and she called me, and I saw the things at the prisoner's feet.

(Thomas Cochran the constable, produced the things, which were deposed to by the prosecutrix.)

PRISONER's DEFENCE.

I wanted to clean the room, and was bringing the things out of the room in my lap in order to clean it; I had wore my bonnet several days, because I had bad eyes; my mistress said she would send for a constable, and would hang me, if she could; I had no more intention of taking the things, than I have of going to Jamaica this minute.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17880227-73

213. JOHN LEE and ARTHUR MILLER were indicted for burglariously breaking and entering the dwelling-house of Josiah Barnes , on the 8th of January , about the hour of eight in the night, and stealing, forty-one yards of horse-hair seating, value 3 l. eighty-four yards of girt-web, value 40 s. and twenty-four pounds weight of curled horse-hair, value 20 s. the property

of the said Josiah, in his dwelling-house.

There not being any evidence to affect the prisoners, they were not put upon their defence.

BOTH NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17880227-74

214. THOMAS DOYL , was indicted for feloniously stealing, on the 26th of November , a long saw, value 21 s. the property of Matthew Key .

MATTHEW KEY sworn.

I am a sawyer ; on the 26th of November, I lost a saw from my own yard; I was ill in bed at the time; I found it about two months after, at Mr. Price's, the Golden Hart, in Parker's-lane.

(The saw was produced in Court, and deposed to by the prosecutor.)

THOMAS PRICE sworn.

The prisoner is a sawyer ; he used my house some time last November; he desired me to take care of this saw for him; I said it was a very good plate; he said, it ought to be, for it cost him twenty-eight shillings.

JOSEPH PINDOLPH sworn.

I worked with Mr. Key, some time in November; I was at work with this saw; while I was gone to breakfast, it was lost; I do not know that this is the same saw.

WILLIAM SMITH sworn.

I lodge at Mr. Price's; I had heard Mr. Key had lost a saw; I informed him, there was a saw at Mr. Price's.

ROBERT STEVENSON sworn.

I took the prisoner, that is all I know.

PRISONER's DEFENCE.

I got that saw from Mr. Smith; he desired me to pawn it for him.

To Price. Did the prisoner get any money from you for this saw? - No; he asked me to lend him money and I refused; he said, you need not be afraid, you have got that plate that cost me twenty-eight shillings.

To Smith. Did the prisoner desire you to pledge this saw? - No.

Key. The prisoner and Smith had both worked with me, and both left me a few days before the saw was stole.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17880227-75

215. PETER ORHWELL was indicted for feloniously stealing, on the 16th of February , three iron bars, value 3 s. a dozen steel files, value 1 s. and six steel punches, value 1 s. the property of William Staples .

JOHN RYAN sworn.

I am a patrol; on the 16th of February, in the evening, I met the prisoner, the corner of High-street, St. Giles's; I asked him what he had got; he said, it was his own property; he said, they were copper bars, that he had bought in St. John's-street; I called to my partner; he said, it was broken iron; we told him he must go to the watch-house; upon which, he threw the things away, and ran away; we overtook him and brought to the watch-house.

(Producing them.)

THOMAS JENNINGS sworn.

I was at work on this iron for Mr. Staples in Parker's-lane , on the 15th and 16th of February; it was taken away on the Saturday night; I missed it on the Monday morning; one of the pieces I had myself marked ten inches and a half upon;

the prisoner had worked with Mr. Staples two or three years.

On his cross-examination he said, that it was very common to mark iron so; that the chissel it was done with was a common one, and that he knew it rather from the length than the mark.

JACOB FREEMAN sworn.

I searched the prisoner's house; under the cellar stairs, I found these files and tools, (producing them) and a vast quantity more; I brought them to the office, and the next witness knew them.

JOHN WALKER sworn.

I worked with these files; I know them to be the prosecutor's.

(For the prisoner.)

JOHN UNANDER sworn.

I am a cabinet-maker.

Do you know what was left the prisoner when his brother died? - A great quantity of files and other tools, besides tools of his own; but it is impossible to swear to files; I have known him eight years; I never heard that the least needle-point was ever missing.

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

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17880227-76

216. ISAAC GOLDFINCH was indicted for feloniously stealing, on the 13th of January , a lawn half handkerchief, value 2 s. the property of Charles Richards .

CHARLES RICHARDS sworn.

The prisoner was my servant ; on the 28th, I missed the half handkerchief; he was taken up on the 28th for stealing a waistcoat, and I found the handkerchief at the pawnbroker's.

( Richard Spender , the pawnbroker, produced the handkerchief, which he said he had of the prisoner, and it was deposed to by the prosecutor.)

PRISONER's DEFENCE.

When I was at the Justice's, a man told me if I spoke the truth, my master would not do any thing to me.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17880227-77

217. JAMES STONE was indicted for feloniously stealing, on the 18th of January , twenty-one printed books, value 20 s. the property of Margaret Murray .

The prosecutrix and witnesses were called, but not appearing, their recognizances were ordered to be estreated.

NOT GUILTY .

Reference Number: t17880227-78

218. WILLIAM M'DONALD was indicted for burglariously breaking and entering the dwelling house of John Meacham , on the 14th of February , about the hour of eight in the night, and stealing a linen sheet, value 3 s. a cotton counterpane value 8 s. a pair of blankets, value 8 s. a piece of a blanket, value 1 d. a looking-glass, value 3 s. a mahogany tea-chest, value 2 s. and a mahogany tea-board, value 3 s. the property of the said John, in his dwelling-house .

JOHN MEACHAM sworn.

I live at No. 6, Slater-street, Bethnal-green ; on the 14th of February my house

was broke open between seven and nine o'clock, I had seen it safe at six.

What part of the house? - The back room.

ELIZABETH MEACHAM sworn.

I am the wife of the last witness; our house was broke open about seven o'clock in the evening of Valentine's-day, I discovered it about nine; I found the window open, I saw it safe at seven; the window opens into a yard that goes into the cellar, the casement fastens with a hasp in the middle; there was a pane of glass broke just by the hasp, I missed the things mentioned in the indictment, (repeating them) I saw them again at the Justice's, the yard door was kept open, they might some thro' the cellar into the yard.

JOHN ROBERTS sworn.

I am an officer at the Rotation-office; on the 14th of February, as I and two other officers were coming along Winfield-street, about eight o'clock in the evening, we met the prisoner with a bundle on his back, we took him into custody, and found the things mentioned in the indictment upon him (repeating them); they have been in my possession ever since.

John File , Benjamin Nash, and Joseph Nash , who were with the lost witness, confirmed his evidence.

(The things were produced in Court, and the Prosecutrix said she lost things of that description; she believed them to be her's, but could not swear to them.)

Prisoner. I leave my defence to my Counsel.

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

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17880227-79

219. HANNAH COLLETT was indicted for stealing, on the 26th of February , a silver tankard, value 4 l. the property of Samuel Swinerton , in his dwelling-house .

ELIZABETH SWINERTON sworn.

I am niece to Mr. Samuel Swinerton , who keeps the Rose in Monkwell-street ; on the 26th of February, between four and five in the afternoon, I gave a tankard to the servant to fill for some gentlemen; the prisoner was at the bar for a glass of gin; the tankard was missed immediately after.

FRANCES WILKINSON sworn.

I am servant to the prosecutor; on the 26th of February there was some company in the parlour; my young mistress gave me a tankard to fill, the prisoner was at the bar for a quartern of gin, she drank it, and had another to take home with her, she used the house; I filled the tankard with porter, and set it on the bar; in about five minutes after, Betsy called for the tankard, it was missing, and the prisoner was gone; we went after her, and saw her about ten yards off, with the gin in one hand, and the tankard in the other; we took the tankard from her, and she threw the beer over us, and used a great many rash expressions; she was very much in liquor, she afterwards swore she had never been in the house, and had never seen the tankard at all.

(The tankard was produced in Court, and deposed to by the prosecutor.)

PRISONER's DEFENCE.

I was very much in liquor, I had a quartern of gin, and I called for a pot of beer; the servant brought the tankard, and set it on the bar; I thought it was my beer, I took it in the one hand, and the gin in the other, and the servant opened the door and let me out, and then she came after me and said, I had stole the tankard; I was so exasperated at it, I threw the gin into the beer, and would have thrown it at them,

but could not; I know no more of it than the God in heaven; I am a good customer to the prosecutor, she pushed me into the kennel and tore my gown; for God's sake, consider my life is now at stake.

To Wilkinson. Did you let her out? - No.

(For the Prisoner.)

FRANCES WILLIS sworn.

How do you get your livelihood? - I have a child, and the father of my child supports me; the prisoner has my child to nurse; I was with her on the 26th of February, I sent her to Mr. Swinnerton's for some beer and gin, she gave her the money; she was very much in liquor, she could hardly stand, I was going to dinner, and had nobody else to send for it; she had used that house eight or nine months.

What has been her character? - Very good; she came back without either beer, gin, or money; I asked her what she had done with it; she said she had been swimming in it.

(The prisoner called five other witnesses, who gave her a good character.)

NOT GUILTY .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17880227-80

220. SARAH PARSONS was indicted for feloniously stealing, on the 10th of February , a silver watch, value 40 s. a steel chain, value 3 d. a base metal key, value 1 d. and a fillagree watch-paper, value one halfpenny , the property of Edward Marshall .

EDWARD MARSHALL sworn.

On Sunday the 10th of February at nine o'clock in the evening, I was at my brother's, the side of Fleet-market ; as I was going through a court from Fleet-market to Shoe-lane , the prisoner and another woman were standing at the bottom of the court; the prisoner followed me two or three steps, and called after me, and said I need not be afraid of any thing, and bid me stop, and I did till she came up to me; we discoursed together for a minute or two, the patrol was coming, she ran away, and left me; as soon as she was gone I missed my watch; I went after her into Shoe-lane, but could not see any thing of her; I then asked the patrol if he knew the young woman that had just passed him; he said her name was Sarah Parsons ; the prisoner was apprehended last Sunday week; I never found my watch, she said she had sold it to one James Day ; I am sure the prisoner is the person.

Was any promise made her? - No, I went to her when I found where she lived, and told her if she produced the watch I would give her 5 s. I told her nothing should come of it, if she told me where the watch was.

How long before you met this woman had you seen your watch? - I felt the chain as I was going up the court.

Were you in such a situation that your watch might drop out? - No.

Upon your oath, while you was with her, were your breeches unbuttoned? - Yes.

THOMAS LEE sworn.

I am an officer, I apprehended the prisoner, I found nothing on her.

PRISONER's DEFENCE.

I know nothing of it; I never saw him till he came to my room and enquired for me.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17880227-81

221. PETER BUCKERIDGE was indicted for feloniously stealing, on the 13th of February , a silver tea-spoon, value 2 s. the propertie of John Barrie .

JOHN BARRIE sworn.

I keep a sale-shop in Aldersgate-street ; on the 13th of February, about three o'clock, the prisoner was brought into my shop by two persons, they laid the teaspoon on the counter, and asked if I had been robbed, for my window was broke; I looked in and I found it broke, and missed some spoons that were marked A. S. M. the same as that they brought in; there was only one of them left.

BENJAMIN SKELTON sworn.

I live opposite the prosecutor's; I saw the prisoner and another boy about three o'clock at the prosecutor's window, I saw their hands up at the window, and thought I saw something move in the window, but I was not certain; then one of them ran one way, and the other the other way, and I saw the prisoner put something in his pocket; I ran after him, and saw him throw something in the kennel, I pursued him and took him, and brought him back to the prosecutor's; I did not find any thing upon him.

SAMUEL BLAND sworn.

I saw the prisoner at the prosecutor's window, and thought I saw him put something in his pocket; I followed him with the last witness, who told me he had thrown something away, and bid me look for it; I did, and found a spoon, and took it to Mr. Barrie's.

(The spoon was produced and deposed to by the prosecutor.)

PRISONER's DEFENCE.

I was going for a half-penny worth of tobacco, this gentleman laid hold of me and said I had thrown something away; I know nothing of it; I have sent two or three times for my father, but have not had any answer.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17880227-82

222. MARY CHILD , otherwise MORGAN , and SARAH JONES were indicted for feloniously stealing, on the 18th of January , a cloth great coat, value 5 s. a silk handkerchief, value 2 s. and 4 s. in monies numbered , the property of Joseph Nesbitt .

(The witnesses were examined apart at the request of the prisoner.)

JOSEPH NESBITT sworn.

On the 18th of January, between twelve and one o'clock, coming from the playhouse, there was another young man and I had been drinking together; he left me, and then I met the prisoners; I went with them to Parker's-lane, Drury-lane , and staid all night with them; I waked about seven o'clock in the morning, they had left me, and I missed the things mentioned in the indictment (repeating them), I am sure the prisoners are the persons.

Did you undress and go to bed? - Yes, my great coat was on the bed, my handkerchief was on a chair, and my money was in my breeches pocket, there was upwards of 4 s. I left my breeches on the side of the bed.

Was you sober? - I had rather been drinking a little.

How do you know those young women had them? - I am sure of it.

Did you know them before? - I never saw them before.

What light had you? - A candle in the room.

Did you go to bed directly? - We sat two or three hours first.

Jury. Did you go to bed to both of them? - Yes, we had two half pints of gin together among four of us.

Who were the four? - The prisoners and I, and the other young fellow.

You said before that he left you? - No, I did not.

Jury. You did positively? - If I did, it was by mistake, he left me in the room with them about three o'clock.

He went away before you went to bed?

- Yes, my great coat was found about a fortnight after at a pawnbroker's in Wild-street.

Mr. Peatt. Are you a man of that prowess that you always have two ladies when you go to bed? - No.

Upon your oath did you not offer them your coat for the honour they did you? - I am very certain I did not.

Did you direct any overtures to be made to the relations of either of the girls? - No I never did; there had been people after me, to give me money to make it up.

- GARDINER sworn.

On the 19th of January, about ten o'clock in the morning, the prisoner Morgan pledged this coat with me for five shillings; she said it was her husband's coat.

Had you ever seen her before? - No, but I am positive the prisoner was the woman.

Mr. Peatt. The people that come to your shop stand back in little pigeon-holes, do not they? - Yes, but I had seen her several times before; she used our shop.

Court. How came you to tell me upon your oath, just now, you had never seen her before? - It was a mistake, I beg your lordship's pardon.

JOHN BASSNETT sworn.

I apprehended the prisoner Jones, and got the duplicate of her; I told her the man did not want to hurt her, if she would tell where it was.

Mr. Peatt. You made some overtures to one of the relations of these young women? - No, I did not.

Did the prosecutor, or your own ingenuity, ever send you upon such a business? - No.

The prisoners left their defence to their counsel.

(For the prisoner Child.)

MICHAEL CHILD sworn.

I am father to the prisoner; on hearing that my daughter was in custody, I went to Bassnet, the constable; he said, I had better make it up, that the prosecutor was ready and willing to do any thing upon earth; Bassnett came to me the next morning, and said, he had spoke to the prosecutor about it; that a guinea would not do, it must be two guineas, but he had come down to a guinea and an half; says I, perhaps you will find the bill, and then it will be thrown away; he said, no, it would not be found, for the prosecutor would not be upon the back of the bill at all; says he, he will be upon his recognizance, but he will never be found, for he is a journeyman baker, in Kent; he said, if I would not agree, he should petitition the Court, to allow him his expences, and that would be as well.

Court. What are you? - A carpenter and cabinet-maker; I was a sheriff's officer about two years; I lodge in a back room on the first floor, No. 23, Greek-street, Soho.

Any family? - Yes; a wife and four children, beside the prisoner, but my wife has left me some time.

What business do you follow? - I live upon what I got while I was sheriff's officer; I was dismissed from my office, but for what, I do not know, nor I cannot learn; my daughter married one Morgan, a bookbinder, but they did not agree, and parted.

Bassnett. My Lord, I suppose we had not less than a dozen people came after us, to make overtures to us.

BOTH NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17880227-83

223. MARY HARRIS was indicted for stealing, on the 16th of January , a deal box, value 1 s. a black silk gown, value 20 s. a striped cotton gown, value 10 s. a dimity petticoat, value 12 s. four linen aprons, value 3 s. a lawn apron, value 3 s. a pair of slippers, value 3 s. two pair of pockets, value 1 s. two pair of stockings, value 2 s. two pair of worsted stockings,

value 2 s. two linen napkins, value 1 s. a wire cap with a lace lappet, value 4 s. a pair of muslin robins trimmed with lace, value 1 s. another pair of muslin robins, value 1 s. four red and white linen handkerchiefs, value 3 s. three neck handkerchiefs, value 5 s. two black silk handkerchiefs, value 2 s. two lappets, value 1 s. a pair of black silk mits, value 1 s. and a wooden powder-box, value 1 d. the property of Sarah Clarke .

SARAH CLARKE sworn.

On the 16th of January, I came to town by the Bristol coach; I got out at the corner of St. James's-street, Piccadilly; I carried my box till I could not carry it any farther; I was going to Gloucester-street, Queen-square; I saw the prisoner standing by an apple-stall; I asked her to carry it for me; she did; she desired me to go first, for she did not know the way; I crossed over Drury-lane, at the end of Long-acre , and there I missed her; I looked, but could not find her.

Are you certain the prisoner is the woman? - I think I am quite certain.

JOHN HUGHES sworn.

I am a patrol; on Thursday morning, the 17th of January, about one o'clock, I found the prisoner in the entry of my house in Short's-gardens; she was in liquor, asleep, and these things lying scattered about by her; I took her before the Justice, but nobody appearing against her, she was discharged; she had two gowns on; the outside one was a black silk one.

One of the officers who took the prisoner afterwards, produced the things, which he said he found upon her, and they were deposed to by the prosecutrix.

THOMAS MANSFIELD sworn.

I am an officer of Lichfield-street; I had an information from the prosecutrix, and upon seeing the prisoner brought to the office, I knew the gown which she had on, to be the prosecutrix's.

PRISONER's DEFENCE.

I buy old clothes; I bought these things of a woman in Rag-fair; I never saw the prosecutrix in my life, till now.

GUILTY .

Whipped and imprisoned six months .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17880227-84

224. JOHN YOUNG was indicted for stealing, on the 14th of February , twenty-one yards of woollen carpet, value 3 l. the property of Ambrose Warffe .

There being no private mark by which the prosecutor could swear to the property, the prisoner was ACQUITTED .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17880227-85

225. GEORGE COLBURN and WILLIAM BARNARD were indicted for stealing six pair of womens leather shoes, value 2 s. and six pair of men's leather shoes, value 2 s. the property of Maurice Petley .

MAURICE PETLEY sworn.

I am a carpenter ; my wife keeps a woman's clothes-shop; on Tuesday, the 22d of January I was at work at the next door; my wife was gone out, and I was informed I had lost some shoes; I looked, and saw the window was broke; I overtook the prisoner Colburn; he had six pair of men's and women's shoes in his apron; I asked him what he had got, and Barnard said, it was nothing belonging to me; I took them back, sent for an officer, and gave charge of them.

(The shoes produced in Court.)

Susannah Petley, the wife of the prosecutor, deposed to the shoes being her property.

Prisoner Barnard. We have got witnesses to prove that they took two shillings in part of payment to make it up.

Prosecutor. They begged an hour's lenity to send to their parents, and the officer and the prison keeper said, they would not wait, unless they would pay them; they said, they would pay any thing they liked to eat or drink while they waited, and I took two shillings to pay the reckoning.

Court. The prisoners ought not to have been suffered to pay the reckoning, it is a cross misconduct in the officers of justice.

(The prisoners called four witnesses who deposed, that the prosecutor offered to make it up for half a guinea, to pay him for his loss, and who gave them good characters.)

BOTH NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17880227-86

226. ANN CLARK was indicted for stealing on the 17th of January , two linen handkerchiefs, value 3 s. and a woollen blanket, value 2 s. the property of Joseph Goodman , and a child's stuff gown, value 4 s. the property of Bernard Parker .

ALICE GOODMAN sworn.

I live in Cockpit-alley, Drury-lane; I have a house in Parker's-lane let out in lodgings; Hannah Parker looks after it.

HANNAH PARKER sworn.

I rent a room in Mrs. Goodman's house; on the 17th of January I was ill; Mrs. Davis came into my room and sat with me about a quarter of an hour; there was an alarm, that somebody had carried a bundle out; I went with my husband, and saw him stop the prisoner, coming out of Broker's-alley, and she dropped the sheet.

(The sheet produced in Court, and deposed to by Mrs. Goodman.)

MARGARET DAVIS sworn.

On the 17th of January, I went out between six and seven o'clock in the morning, the things were in my room then; when I came home between eight and nine in the evening, I went and sat a quarter of an hour in Mrs. Parker's room; I saw the prisoner's head going by the window, but I did not see that she had got any thing; when I went up stairs, I found my room door broke open, and the things gone; about two hours afterwards, I saw her in custody of the officer, with the things.

PRISONER's DEFENCE.

I met Mrs. Davis that morning in Covent-garden, she said, she was very poor, and desired me to pawn these things.

To Davis. Is this true; that you desired her to pawn them for you? - No, it is not.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17880227-87

227. ELIZABETH COLE was indicted for stealing, on the 3d of December , a base metal watch, value 30 s. a silk watch-ribbon, value 1 d. a base metal watch-key, value 1 d. and a guinea in monies numbered , the property of John Philips .

JOHN PHILIPS sworn.

On the 3d of December, about twelve o'clock at night, I met the prisoner and another coming down Holborn; I went home with them; the prisoner and I went to bed; the other asked me to take her into bed to us, which I did; about a minute afterwards, I heard the ticking of

the watch going over my ear, from the other woman to the prisoner; I had laid my breeches on the bed, and my watch under the bolster; I got up, and told them they had robbed me; the prisoner jumped up, and said, she would light a candle; I thought she was going off with my watch, and I pursued her; she was in her shift, and I in my shirt; I went a lamp or two off, and saw the watch hanging in her hand; I turned back, and took the other to the watch-house, but the property not being found upon her, she was discharged; about three weeks or a month after, I found the prisoner; she said, she did not know me; I sent for a constable and she was committed.

Are you sure the prisoner is the same person? - Yes; I am certain of it.

Was you sober? - I had only drank a part of two pots of beer that night; I was in liquor when I went with them.

GEORGE MEACHAM sworn.

I took charge of the prisoner.

PRISONER's DEFENCE.

I know nothing of it; I never was in the gentleman's company that I know of.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17880227-88

228. HENRY HALES was indicted for stealing, on the 6th of February , a brewer's dray-rope and chain, value 10 s. the property of Thomas Lambeth .

THOMAS LAMBETH sworn.

On the 6th of February, about a quarter before seven o'clock, I was laying down some beer in Camomile-street ; I made up my ropes, and laid them on the dray, and fastened them on the pins; I went down to look the cellar up; when I came up again, I missed one of my ropes; before eight o'clock, the prisoner was taken offering the rope for sale.

CHARLES DORMER sworn.

On the 6th of February, about a quarter before eight, I took the prisoner offering this rope and chain for sale at an old iron-shop in Petticoat-lane, (producing it); he said, a man took it off the dray, and gave it to him.

PRISONER's DEFENCE.

Another person took it, and gave it me.

GUILTY .

Whipped .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17880227-89

229. ISABELLA MANSON was indicted for stealing, on the 5th of January , four cloth coats, value 10 s. a cloth waistcoat, value 3 s. a pair of cloth breeches, value 3 s. a woollen night-gown, value 6 s. a linen petticoat, value 2 s. and a linen pillow-case, value 4 d. the property of Daniel Earle ; and a linen apron, value 2 s. the property of Elizabeth Earle , spinster .

(The witnesses were examined apart at the request of the prisoner.)

DANIEL EARLE sworn.

The prisoner came to lodge with me about a fortnight before Christmas; she was with me about five weeks; she went away on Saturday, the 12th of January; she left the door locked; my daughter found the key in a corner by the room door; we had some suspicion she was gone, and we opened the door, and missed the things mentioned in the indictment (repeating them); she was searched before the Justice, and several duplicates were found upon her, by which some of the things were found again.

ELIZABETH EARLE sworn.

When the prisoner left our house, I missed the things mentioned in the indictment.

William Burlen , a pawnbroker, produced an apron and petticoat, which he had in pledge of the prisoner, and which were deposed to by Elizabeth Earle .

- COLE sworn.

I searched the prisoner, and found three duplicates upon her.

(Producing them.)

PRISONER's DEFENCE.

Soon after I came to lodge at this house, that young woman's mother went out of town; the young woman desired me to pawn these things for her, which I did; she desired me to keep the duplicates, for she might lose them; some time afterwards, I asked her if I should fetch the things out; she said, no; she had been guilty of pawning three pounds and a half worth of property of her parents to put in the lottery; since I have been taken up, her father and mother said, if I would give them two guineas they would make it up; if not, they would hang me if they could.

Court to Elizabeth Earle . Is there any truth in this? - I deny it all, on't please you my honor.

You never desired her to pawn the things? - No.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17880227-90

230. WILLIAM CONSTABLE was indicted for stealing, on the 17th of January , a linen frock, value 12 d. a printed book, value 6 d. two other printed books, value 12 d. and another printed book, value 6 d. the property of Richard Wimburn .

(The case was opened by Mr. Garrow.)

RICHARD WIMBURN sworn.

I am a carpenter ; I live at No. 45, Bell-yard, Temple-bar ; on the 17th of February, at twelve o'clock at noon, my daughter came and told me, there were thieves in the house; I went up stairs, and found the garret door had been burst open; and the prisoner was in the cock-loft; he had dressed himself up in an old brown coat of mine; he made his escape over the houses; he was taken about twenty minutes afterwards, at a music-shop, at the top of the house; I lost these books, (producing them) and a smock-frock; he acknowledged being in my garrow, and taking his browsers, and lying upon them as a bed.

Where were these books? - In the garret; I found them in the cock-loft, the door of which had been burst open.

HENRY PROSSAR sworn.

I took the prisoner about twelve o'clock on Sunday noon, in the cock-loft belonging to the music-shop; he had nothing on but his breeches, shirt and stockings; he owned taking the frock and a coat out of the garret, but he would not tell me what he did with them.

GEORGE MARGESON sworn.

I am a watchman; on the Saturday night I was on my duty, there was an alarm, that there were thieves in Mr. Homerton's house, the pastry-cook's; I went up to the garret, where the lad was going to bed; the prisoner was gone then, and the lad was after him; under the bed, I found a hat, a pair of trowsers, and a bayonet; there was a pursuit over the tops of the houses, but he got away for that night; on the Sunday morning, I hunted for him upon the tops of the houses, from between nine and ten o'clock, till he was taken.

JAMES NASH sworn.

I am apprentice to Mr. Homerton; on Saturday night, the 16th of February, I was going to bed about half after eleven o'clock, going up the garret stairs, I heard a noise, I could not tell whether it was in my room, or in the room below;

I went up, and every thing was still; I was going to sit down, and I heard something of a noise at my feet; I looked under the bed with a candle, and there was the prisoner with a bayonet in his hand, lying along upon his side; I ran down stairs immediately and gave the alarm; the watchman and patrol came up stairs; I went up with them, but he was gone; we took up a pair of trowsers, and a bayonet, and a hat, and brought them down stairs.

There had been alarms of robberies there before? - Yes; I had seen people several times before; he was taken the next day, about twelve o'clock at noon; there was found his jacket and shoes upon the top of the house adjoining.

What sort of noise was it you first heard? - I apprehend it was his getting under the bed.

You had hardly time when you looked under the bed to see what clothes he had on? - Yes, his jacket was off, and his shoes.

To Wimburn. You heard him say something about the smock-frock and the other things in the cock-loft? - Yes; he said, he had slept in my cock-loft, the night prior to his being taken; he said, he never saw the books; that he took the frock to make him a bed to lie on.

Was the garret door locked when you went up? - No; my wife locked it the night before.

The cock-loft is above the garret? - Yes, and the trap-door goes into the garret.

Then why should he open the garret door? - The trap-door comes to the landing-place, not in the garret, but the outside of the garret.

RICHARD SWEETING sworn.

I am servant to Mr. Homerton; last Saturday fortnight I had been out; when I came home at night, I found a blue jacket and a pair of shoes upon the top of the adjoining house, and in the pocket, I found twopence halfpenny; the prisoner said, they were his, and begged to have them; this bayonet was our own.

Had it been kept under the boy's bed? - No, it was hanging up.

PRISONER's DEFENCE.

I had been two or three days without victuals, and I went up there to see to get some victuals.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17880227-91

231. THOMAS PRICE was indicted, for that he, on the 18th of January , a piece of base coin, resembling the current coin of this realm, called a shilling, feloniously and traiterously did colour with materials, producing the colour of silver .

Second Count, for the same offence, calling it a round blank of base-metal, of a fit size and figure to be coined into the likeness of the current coin of this realm, called a shilling.

Third Count, for colouring a piece of base coin, resembling a sixpence.

Fourth Count, same as the third, only laying it to be a round blank of base metal.

It appeared upon the evidence, that none of the materials which were found, were such as would produce the colour of silver.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880227-92

232. JAMES FIELD , SARAH FIELD , WILLIAM FIELD , THOMAS FIELD , and JOSEPH FIELD were indicted, for that they, on the 30th of January , a piece of base coin, resembling the current coin of this realm, called a sixpence, feloniously and traiterously did colour with materials, producing the colour of silver .

Second Count for a like offence, calling it a round blank of base metal, of a fit size and figure to be coined into the likeness of the current coin of this realm, called a sixpence.

JOHN ARMSTRONG sworn.

On the 30th of January, between ten and eleven o'clock in the forenoon, I, Shakeshaft and Harper went to a house in Golden-lane , in consequence of an information, we went up three pair of stairs into the garret; we shoved open the door, whether it was latched or no, I cannot say; when we came into the room, the old gentleman James Field , was at work making shoes, Thomas Field was standing in this manner, (describing it) with one of these pieces in his hand; (producing two sixpences) he was standing at the end of a board, about three feet long, which laid across a box, with about five or six of these pieces on the board; there was a little box on the board; the moment he observed me, he kicked them over, and dropped the piece; I turned round to the fire-side, and the eldest lad, William Field , was sitting by the fire-side, he made a motion with his hand, as if he was throwing something on the fire; at that instant, I saw some pieces on the coals; he tried afterwards, either to shove them down, or claw them off, which we hindered; in the box that this board stood on, there was this scowring paper, and two pieces of cork; (producing them) the woman was in the middle of the room; she came towards the fire-place, and she likewise attempted to put her hand on the coals; I laid hold of her arm, and shoved her back; I took these pieces off from the fire, (producing them); and I took these off the floor, (producing them); in a little box in another part of the room, I found three pieces among some halfpence which were finished; one of them corresponds with one that was taken off the fire; the half-pence William Field gave to his mother; on the chimney-piece were two phials, which appeared as if they had aqua fortis in them; one of them had a cork in it, which had slipt in it; and the other had some drainings; Shakeshaft has had them ever since; I smelt them both; I had smelt aqua fortis before, and I took it to be aqua fortis.

Are you so well acquainted with the smell of aqua fortis, as to tell it from any strong acid? - I will not pretend to say upon my oath I am judge sufficient to say that; the little boy was sitting on the ground without his shoes and stockings, crying; the old man continued at work all the time making shoes, without a shirt; he had a waistcoat on; each of the lads pulled off an apron; the old man did not turn his head, nor say any thing, till we said, we must take him to the magistrate; then he seemed very much affected indeed.

Court. These are the pieces; one of which was in the hand of Thomas, and the others on the board, that you are sure of? - Yes, I kept them separate; those I took from the fire, were uncoloured shillings and sixpences, and those on the board were all uncoloured sixpences.

Mr. Garrow. Smell that, (giving the witness a phial) do you think that is aqua fortis? - I do not know that it is.

Are you acquainted with the smell of copperas? - No, I am not.

You know perhaps that shoemakers use copperas to colour their heels of their shoes? - They may.

Did you find any copperas in the room, except that was copperas in the bottle? - No.

Jury. Was the man at work upon men's shoes? - I believe they were women's, but I cannot say.

JAMES SHAKESHAFT sworn.

On Wednesday, the 30th of January, in the forenoon, I went with Armstrong and Harper, to a house the corner of a court, in Golden-lane; there are two staircases to the house; Harper went up the back staircase, and Armstrong and I up the front; we went up to the garret and shoved the door open; when we got into the room,

saw the father at work at his business of a shoemaker; Thomas Field immediately fell backwards, and kicked this board up as it lay across a box (producing it); when the board was kicked down, I heard something fall on the ground, chinking like pieces falling on the ground; I perceived William throw a quantity into the fire; I believe they were pieces in their first state; he then kicked at the fire, and the mother came and clawed it out with her hands; I did not perceive her, nor the little boy, doing any thing when we first entered the room; then William came round towards the door of the room; I catched hold of him; he dragged me towards the fireplace, and clawed at the fire again; on the ground under the board, I found some sand-paper and these sticks (producing them); I saw some pieces on the floor, with the impression of sixpences, which Armstrong took up; these two phials, Armstrong took off the mantle-piece by the fire-place.

(Producing them.)

Court. It neither burns a halfpenny, nor an handkerchief; it has some degree of the smell, but it has lost the property of aqua fortis.

Shakeshaft. After I had been there some little time, the mother went to the front window, where the father was at work; I perceived her take up a piece of brown paper that laid upon the window close to the glass; I took it out of her hand, it contained some sixpences in their first state; they were neither coloured nor rubbed ready for colouring.

Mr. Garrow. Does this board differ from a poor shoe-maker's cutting-board? - They may certainly cut their leather upon it.

And they may sharpen their knives upon this part that appears rubbed? - Yes.

And shoe-makers use sticks to polish their leather? - Yes.

JOHN WHITE sworn.

I am a watch-finisher, in Golden-lane; I lodge in the adjoining room to the prisoners, in the same house; on the 30th of January, about nine o'clock In the morning, I saw William Field (the eldest son,) rubbing something like a shilling; it seemed to be a brush that he was rubbing it with on a board; the father was at work on his seat, shoe-making.

Did you observe what they were doing after that, before the officers came? - No; only I heard the brush going as before.

Mr. Garrow. How did you see this? - I looked over the door.

Have you ever had any dispute with these people? - No.

How many persons lodge in the house? - I do not know.

How many sewer than fifteen or twenty? - There are a great many to be sure, but I cannot tell how many.

I believe he is a hard-working old man? - I believe he is.

I believe you gave this information? - Yes.

How much have you had for this? - Nothing at all.

Are you to have any thing? - Nothing.

Would you hang five people for nothing? - I would do it for the good of my country.

MARK VILLARS sworn.

I am a taylor, I lodge in this house.

Did you observe what had been doing in that man's room the day the officers came? - No, not that day.

JOHN CLARKE sworn.

What do those two bottles contain? - (shewing them to the witness) - Nothing appears in one but a cork, and that cork has been in aqua fortis from the colour, it turns it yellow; the other does not appear to be aqua fortis.

Look at this board; what is that coloured with? - Water might produce that colour, or it might be produced by different liquids.

Look at these six-pences that are coloured; are those counterfeit six-pences? - Yes.

You see the pieces that are not coloured; what would produce upon these pieces the colour of those that are? - A number of things, the principal thing is aqua fortis; after the piece is dipped in aqua fortis, it is thrown into water; each piece takes something of the strength of the aqua fortis from it, and it is afterwards rubbed in sand.

To Armstrong. You were the first in the room, you saw James at work upon his shoes, Thomas standing at the head of the board, with one of those pieces in his hand? - Yes, and William was standing by the fire-side, and made an offer to throw something upon the fire.

You burst the door instantly, so that they had no time to have emptied any thing out of the phials? - No, it was impossible.

The prisoners called five witnesses who gave them a good character.

ALL FIVE, NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880227-93

233. WILLIAM ORMAN was indicted for stealing, on the 25th of February , an iron grate, value 5 s. the property of Thomas Holmes .

HENRY BEACH sworn.

On Monday the 25th of February, I saw the prisoner take a grate from the prosecutor's door in Duck-lane, Soho , he took it under his arm, and carried it into Berwick-street; I informed the prosecutor, and he followed him and took him.

THOMAS HOLMES sworn.

I followed the prisoner down Berwick-street, and took him with the grate upon him.

Was it your grate? - Yes, I had repaired it myself.

(The prisoner did not say any thing in his defence.)

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880227-94

234. WILLIAM PAUL was indicted for stealing, on the 7th of February , twelve pounds weight of cheese, value 4 s. the property of Samuel Powell .

(The case was opened by Mr. Silvester.)

SAMUEL POWELL sworn.

I am a cheesemonger in Theobald's-road, the prisoner was my porter ; I was sent for, and went to Mr. Forrest's, where I found a cheese and a piece; I took him up, and he confessed the fact.

Was any promise of any kind made? - No, a neighbour was present.

WILLIAM NAPIER sworn.

I am a neighbour of Mr. Powell's, I was present when the prisoner confessed it, but there was no promise of any kind whatever made either by me or Mr. Powell; he said first he bought it of Mr. Simpson, in St. Giles's; afterwards he said it was his master's; he said he did it by carrying it in empty flats to the stable.

- FORREST sworn.

I bought this cheese of the prisoner; I dealt with Mr. Powell, and he brought it to me as from Mr. Powell; I paid him for it.

Mr. Garrow to Mr. Powell. This man used to carry out goods for you, and receive the money? - Yes.

He accounts to you for what he has sold? - Yes, he carries out goods that are ordered.

Does he carry out none but what are previously ordered? - No.

- SIMPSON sworn.

I am a cheesemonger in St. Giles's.

Did you ever sell those cheeses to the prisoner? - No.

PRISONER's DEFENCE.

My master took hold of me and struck me, and used me very ill; I have some of the blood upon my apron now.

(The prisoner called Robert Twitman , who gave him a good character.)

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880227-95

235. THOMAS WHITE was, indicted for stealing, on the 25th of February , sixteen pounds weight of beef, value 6 s. the property of John Bridges .

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

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880227-96

236. THOMAS WRIGHT was indicted for stealing, on the 28th of January , a piece of crane rope, value 20 s. the property of Almond Hill , Joshua Young , and Robert Mellish .

There being no mark upon the rope, except a place that had been worn, the prisoner was ACQUITTED .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880227-97

237. LAURENCE GLINN was indicted for stealing, on the 23d of February , an iron bench vice, value 21 s. the property of William Campbell .

There being no evidence to affect the prisoner, except his confession, which was obtained by a promise, he was ACQUITTED .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880227-98

238. MARY BLUNDRIFF and SARAH BROWN were indicted for stealing, on the 12th of January , four guineas half a guinea, and twelve shillings, in monies numbered , the property of John price .

It appeared that the prosecutor had picked up the prisoners, and that he was very much in liquor.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880227-99

239. THOMAS FULWELL was indicted for stealing, on the 21st of February , a linen apron, value 18 d. the property of Edward Balch .

The prisoner was taken with his hand in the prosecutor's pocket, but before he had taken the apron out; therefore the Court directed the Jury to find the prisoner

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880227-100

240. JAMES ORAM was indicted for burglariously breaking and entering the dwelling house of William Williams , on the 23d of January , and stealing four

pounds weight of mutton, value 1 s. 10 d. the property of the said William .

WILLIAM ROBERTSON sworn

I live opposite the prosecutor's house, he is a butcher; I was standing at my own door on the 23d of February, about eight o'clock at night, the shutters were all up but one, and the door was fast; he moved all the shutters to the further end from the door, he put his hand in and unbolted the door, went into the shop, and brought out two pieces of mutton; I took him back, and he was taken up.

PRISONER's DEFENCE.

I did take the meat, but the door was open, I began eating it; this man beat me and ducked me, till I was almost dead.

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

Whipped .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880227-101

241. JOHN HART was indicted for that he, on the 5th of February , in the King's highway, in and upon Mary the wife of Peter Leeson , did make an assault, putting her in corporal fear and danger of her life, and taking from her person seven shillings and five halfpence, in monies numbered, the property of the said Peter .

The name Leeson in the indictment being so blotted, that the clerk of the arraigns could not read it, the prisoner was ACQUITTED .

Reference Number: t17880227-102

242. ALEXANDER MORRELL was indicted, for that he, on the 18th of January , in the King's highway, in and upon Edward Ward , Esq ; did make an assault, putting him in corporal fear and danger of his life, and taking from his person, a gold watch, value 10 l. and a gold watch-key, value 2 s. the property of the said Edward .

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

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880227-103

243. JACOB WHEELER was indicted for stealing, on the 24th of February , a copper tea-kettle, value 6 d. an iron trevit, value 1 s. a linen sheet, value 6 d. and a cloth coat, value 6 d. the property of Daniel Biddle .

- DUFF sworn.

I am a patrol; on the 24th of February, about half past three o'clock in the morning, I stopped the prisoner with the property at the side of the Fleet-market.

EDWARD RILEY sworn.

I am a patrol, I was with the last witness when he took the prisoner.

(The things were produced in Court, and deposed to by Daniel Biddle and his wife.)

The prisoner did not say any thing in his defence.

GUILTY .

Whipped .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17880227-104

244. THOMAS ROBERTS was indicted for stealing, on the 13th of February , a paper parcel, containing fifteen furred caps, value 30 s. the property of John Peter Webber .

- SPENCER sworn.

I was going down Bread-street , I heard the cry of stop thief, I saw the prisoner running with a parcel under his arm, I took him, and he threw the parcel away.

WILLIAM GREEN sworn.

I was in Bread-street, I heard the alarm, I saw the prisoner running, I made towards him, he threw the parcel away; I picked it up.

(Produces it.)

BENJAMIN MARRIOT .

How old are you? - Twelve years.

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

What will become of you if you swear that which is false? - I shall be punished.

How? - By God and man.

BENJAMIN MARRIOT sworn.

I go of errands for Mr. Webber; I went to the Three Cups, Bread-street, with a parcel containing fifteen furred caps; I saw the prisoner, and asked him, which was the Three Cups; he said this was; I asked him if the Bristol mail-coach went from there; he said yes; he told me to give him two pence and the parcel, and he would book it, which I did; he crossed the way, and then ran off as hard as he could; I cried out stop thief, and he was taken.

Look at the outside of that parcel, and see if that is the same? - I know it is the same, there is my hand-writing upon it.

(They were deposed to by Mr. Webber.)

The prisoner did not say any thing in his defence, but called one witness, who gave him a good character.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17880227-105

245. THOMAS SMITH , WILLIAM BRYANT , and RICHARD BRYANT were indicted for stealing, on the 9th of January , seven pieces of linen cloth, containing one hundred and sixty yards, value 13 l. and a linen wrapper, value 1 s. the property of John Willan and Company.

A second Count, for stealing a promissory note, called a Bridgenorth Bank-note, No. 2971, 9 l. 9 s. another, No. 5517, 5 l. 5 s. another, No. 1102, 5 l. 5 s. another, No. 1317, 5 l. 5 s. the property of the said John Willan and Company.

A third Count, laying them to be the property of Joseph Boulton and William Bates .

ALL THREE, NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880227-106

246. JOHN BISHOP , otherwise BUTLER , was indicted, for that he, with three other persons unknown, on the 6th of November , being armed with guns, pistols, carbines, pole-axes, large bludgeons, clubs, and other offensive weapons, did unlawfully and feloniously assemble, in order to be aiding, assisting, taking, and rescuing from Thomas Quick , one of the officers of excise, one hundred gallons of foreign brandy and foreign rum, the duties of which had not been paid or secured to our Lord the King, after seizure of the said brandy and rum, by the said Thomas Quick .

A second Count, for that he, being so assembled, with the said other persons, armed as aforesaid, did unlawfully and feloniously aid and assist certain persons unknown, in taking from the said Thomas Quick , the said brandy and rum, the duties of which had not been paid or secured as aforesaid.

A third Count, for that Thomas Quick , being one of the officers of Excise, did duly seize the aforesaid brandy and rum, and that he the said John Bishop , together with the said other persons, being so assembled and so armed, were aiding and assisting in taking and rescuing from the said Thomas Quick, the said brandy and rum, the duties of which had not been paid or secured as aforesaid.

The indictment was opened by Mr. Garrow, and the case by Mr. Attorney General, as follows:

May it please your Lordship, and you Gentlemen of the Jury: - This is an indictment against the prisoner, founded upon an act of parliament in the nineteenth year of his late majesty, and which was then found necessary for the protection of the revenue, which was at that time, as I am sorry to say it is at present, very much and almost totally annihilated, by the violent proceedings of those engaged in this illicit traffick. - Gentlemen, the object of the act is to prevent a forcible opposition to the officers of government, in the discharge

of their duty; the consequences of such opposition had been then so fatal, and has of late years been so fatal, that it became absolutely necessary, that severe laws should be made, in order to effectuate that end, which ought to be the purpose of every law; the prevention of the offence, as well as that of the more serious consequences, which sometimes happen; therefore it was enacted, that if any persons, to the number of three or more, shall be assembled for the purpose of rescuing uncustomed goods, after seizure, that that shall be deemed a capital felony. - Gentlemen, it will be necessary for the prosecutors to prove, in order to sustain this indictment, that the prisoner was, together with others, more than to the number of three, assembled for the purpose of rescuing, and that they actually did rescue from the officers of excise, after seizure, a considerable quantity of goods liable to pay customs, and the customs of which had not been paid. - Gentlemen, the facts are these: On the 5th of November last, a cutter, called the Resolution Cutter, in the service of the excise, was stationed off Swannick's Bay, for the purpose of looking out for smugglers; early in the morning, but when I believe it will appear to you that it was perfect day, they discovered a small cutter at anchor in Studland Bay, about four miles distant from the place where the cutter lay; upon this the smuggling cutter slipped her cable, and stood out to sea; the smugglers finding she could not make out her way, immediately went ashore, landed her goods, and carried away as many of them as they could; before the Resolution was able to come up, they had been able to carry but a very few off, and the rest was left upon the beach, or thrown into the sea, out of which the Resolution's crew took up a considerable quantity; they had secured them, and were ready to carry them away as soon as the tide would permit; having waited there about three hours, they perceived about thirty men on horseback coming towards them; and it will appear that the prisoner was one of them; they were armed, some of them with fire arms, some of them with large bludgeons, of whom the prisoner was one; and with these arms they came evidently for the purpose of rescuing these goods; upon which, Quick, the officer, called out to them, that they had arms with them, and bid them stand off, for they certainly should not rescue the goods; upon which, they cried out, fire away and be damn'd, we are come resolute! upon which, they forced on horseback against the officers; Quick ordered them to fire, which they did, and several of the smugglers fell; they then rushed in upon them, and very soon put the King's officers to flight, except Quick, who was knocked down, and lay senseless for some time; the rest ran into the water till they were up to their necks; the smugglers went into the water after them on horseback, and it was God's providence alone that preserved any of them: when Quick came to his senses, he found that he had not only received the blow that laid him senseless, but that the smugglers had in the most inhuman manner cut and mangled him in the way he will describe to you; upon this, another party of smugglers came with a waggon and cart; the officers not being able to protect their seizure, the smugglers put the goods into the cart and waggon, and carried them away. Gentlemen, this is the kind of case I have to lay before you; no men would venture their lives, if laws of this kind were not made to prevent such offences; and the officers of the crown do no more than their duty, in bringing to justice the prisoner at the bar: It is not for me to comment upon these offences, because you know the laws of this country must be maintained, in a rigid execution of them: whether this man falls within the law, it is for you to determine; I have stated to you the law and the evidence; if the evidence comes up at all to the brief I have in my hand, there can be no doubt, but the prisoner is guilty of the offence, of being assembled with others to the number of more than three, with fire-arms and other offensive weapons,concerning which, you will have my Lord's direction; sticks, commonly called walking-sticks, certainly would not be considered as offensive weapons; you will judge whether the arms were fire arms, or bludgeons, such as were made for the purpose: if the evidence comes up to the case, I am sure you will find the prisoner guilty; if it does not, you will of course acquit him.

WALTER ANDERSON sworn.

Examined by Mr. Solicitor General.

What is your occupation? - I am a mariner.

On board of what ship was you in November last? - The Resolution.

Where was you on the 6th of November last? - In the morning we lay in Swannick's Bay .

Were you on shore that morning? - Yes, about ten o'clock, or thereabouts.

Did you see Mr. Quick, the officer of excise, that morning? - Yes, he landed a few minutes after me in another boat.

Describe to the Jury what passed upon Quick's coming on shore? - From her coming from the cutter, we saw a small boat that we supposed was what they call a tub-boat, a boat used by smugglers to carry tubs.

Upon seeing this boat, what passed? - We pursued her to the shore, and in a little time she landed; we saw her land, and the four men that were in her, ran up the sands.

Where did you see her first? - About three miles from Swannick's Bay.

Was she sailing? - Yes, towards the land; the four men ran up the sands, each of them taking a tub; the tubs are four gallon casks.

What passed after that? - In a few minutes after we landed; and in the wash, the surf that runs upon the shore, we found about one hundred and forty, or one hundred and fifty small casks of spirits, which we saw thrown out of the aforesaid tub-boat; we seized them, and piled them up in a heap; we endeavoured to launch them off in our own boats, but on account of the surf running so high upon the shore, we found it impracticable, we could not get them off; we continued so without any thing material happening for about the space of two hours.

What time of day might this be? - It might be about twelve o'clock.

Court. Did you stand by the casks? - Yes.

Mr. Solicitor General. At the end of two hours, what happened? - We perceived a company of men on horseback.

How many in number as near as you can judge? - As near as I can judge thirty or forty; I am sure upwards of thirty.

Had these persons any things with them? - When they came nearer, we perceived they had clubs.

Describe to the Jury what sort of clubs? - They were near about three feet long; the small end was about the bigness of a common walking cane; the large end came to a large knot about as big as the fist of a child of ten years old.

Did this appear to be a walking-stick? - I never knew them used as walking-sticks; they must be very unhandy for walking.

Is the prisoner at the bar one of those thirty? - That man was very near in front.

You are very sure of that? - Yes.

Had he any such stick as you have described? - He had one of them.

What did you observe the prisoner do? - I cannot say any thing of the prisoner, any farther than that there was a general explanation.

What was said? - When they came within twenty or thirty yards, the mate, Mr. Quick, desired them to stand off, or he would fire at them.

How near were they when this happened? - Twenty or thirty yards.

Court. Was this explanation before or after Quick desired them to stand off? - After.

Mr. Solicitor General. What answer

was given to this? - Fire, you b - g - rs, fire, we are come resolute.

What passed upon this? - Upon that, most of us fired.

How many were you in number? - Eleven.

What was the consequence of this? - I saw immediately, one man drop from his horse.

Go on? - The company rushed in among our people.

What did you perceive then? - I saw two men beating Mr. Quick, the ate, with these large stick; I having a musquet in my hand, ran down to relieve Mr. Quick.

In what condition did you find Mr. Quick? - He was all over blood; the blood was gushing out at his head.

What passed upon your coming up? - As soon as I had cleared him of the men that was beating him, I received a blow myself that made me stagger.

What was that blow given to you with? - I cannot tell, as the man was not in front of me; I cannot say; he was behind me.

Was it a blow with a fist? - It appeared by the cut to be a cutlass, for it cut my hat as sharp as a knife, and cut my head in the crown.

After you received this blow, what happened? - I had not recovered staggering till I received a second blow.

Did you perceive what that blow was given with? - It must have been with a cudgel or stick; it did not cut me, but brought me to the ground.

Having received this second blow, what happened? - I lay blind some little time; the first thing I saw, was a man making a blow with one of these sticks at me; as Mr. Quick and I lay close together; we received each of us a blow with these sticks from near twenty of the party; one man snapped a pistol at me twice.

As you lay in that situation? - As I lay upon the ground; finding the pistol would not go off, he took the pistol and rammed it into my mouth, knocked out two of my teeth, and loosened three.

Did you see any fire-arms? - When they first came up I saw none.

Did you afterwards? - Afterwards, I saw several of them have pistols.

Were there any other sort of fire-arms? - They had some of them; I cannot describe the number; they were short pieces, like carbines; they appeared to me to be musquets with half the barrel cut off.

Were there any other species of arms besides these? - There were cutlasses besides.

Describe the situation that Quick was in? - When I first recovered, he was lying like dead; I hardly thought that he could survive long; he hardly flinched when he received the blows with the stick.

You mean the last blows? - Yes.

Did you observe among those persons that any of them fired? - There were two of them fired, but what, I cannot say.

In what direction? - One of them towards the sands, and one towards the water.

Towards your people? - At that time, I could only see our mate and another man; we lay upon the sand close by the water-side; while we were in that state, this company, with about ten more than first came, came with a cart and waggon.

What did they do with this cart and waggon? - They loaded the tubs that we had seized, upon the cart and waggon.

What did they do with them? - They rode off with the waggon, and their whole company as a guard, putting their wounded upon the waggon and cart; they put three upon the waggon and two upon the cart, that I suppose could not ride on horseback, and covered them up with great coats, and rode off.

What became of Quick? - He was carried away by our people, upon two oars.

In what condition was he? - When I spoke to him, he could not speak; he only shook his head and waved his hand.

And was carried off in that condition? - Yes.

What were in the casks? - I smelt brandy and tasted rum; they were four gallon casks; they were slung.

Describe exactly what the slings are, and how they were connected with these casks? - They are small slings, made of small cord; they were made fast round the cask for the more convenient carriage of them.

Court. How many of these casks might be so tied together? - Every cask was separate with a sling about it.

(Cross-examined by Mr. Sheppard.)

How long have you been in the service of the Revenue? - Near ten months.

I think you say there were four men in the tub-boat? - Yes.

Were they sailors? - There was one of them a sailor; two of them were young lads, about sixteen years old.

The first time you saw the prisoner was on horseback coming down upon the shore? - Yes.

As soon as you told them to stand off, you fired? - Quick fired; I cannot say we all fired.

Quick was the first man that fired? - Yes.

How many do you think you might kill? - I cannot tell.

How many did you see turn about and ride off wounded? - There was one man wounded; they took him off his horse, and put him in the cart; by the time that I recovered my sight, the waggon was close to us.

It was some time you know before you was knocked down after you fired? - No time all.

Upon your party's firing immediately, the other party pushed in upon you? - Yes.

There was a man then dropped from his horse? - Yes.

You never saw the prisoner before that time? - Not that I know of.

How long did you observe him? - I observed them some little time as they were riding off, to see if I knew any of the company.

But you did not know this man? - No.

When did you first see him afterwards? - At Southampton, after he was taken.

Mr. Adams was with you? - Yes.

Did you recollect him? - Yes.

What is Adams? - An inspector of the out-ports of excise.

Did you tell any body you knew him at that time? - Yes, the captain of the cutter I belonged to was with me; he asked me, if I knew him? and I said, I did.

At that time? - Yes.

You recollected him, when you saw him at Southampton; there was no difference in him? - Yes, he looked rather thinner, but there was no material difference.

This was the 6th of November? - Yes.

I suppose he appeared the same then, that he does now? - He looked rather fuller.

With a patch upon the side of his face? - No.

Nothing of that kind, at that time? - No; he was then dressed in a long smock frock.

He had no mark upon his face at that time? - No.

Have you seen any others of the party since? - I have seen none else.

This man was amongst the thirty? - Yes.

There were many of them in long smock-frocks? - Most of them were.

How far off might he be when you fired? - Not above ten yards.

You saw no more of him after you had fired? - Not that I can possibly say.

I believe most of your shot told? - I cannot say for my own, for it did not go off.

When you fired, then it was that they broke in upon you, and knocked you down? - Yes.

Was there any thing particular in this man's face that made you recollect him? - The only thing was his complexion and features; as I might suppose, if I were to see

any one of the gentlemen here, and was to see him again, I should say, I saw that man at such a place.

But suppose you were to see him a month afterwards, should you recollect him? - Yes, if I looked very attentively; and from the notice I took of this man, I know him to be one.

How came you to take notice of him in particular? - I took notice of all that were in front.

Do you think you could recollect at a month's distance? - I think, I could; I do not speak from any resentment against that man.

How long afterwards was it that you saw this man at Southampton? - About a fortnight ago, or nearly thereabouts.

Do you think if you had met that man, and had looked at him, you should have known him without his being pointed out to you? - If I had not looked at him, I should not; but if I had looked at him, I should.

About the middle of this month it was that you saw him? - About the 14th, or thereabouts.

Where have you been since this accident? - Mostly at Southampton.

You have seen many there in smock-frocks? - A great many.

How long after this was it, that Quick gave information to the Board of Excise? - I believe immediately; I have heard him say so.

Did you ever give any information yourself? - Of what.

About this man? - I could give no particular observations, further than I described the man at front; that he was a man of such statute.

To whom did you give that description? - To the officers, at Pool.

Give us a description of some of the others in front? - There was another man next to the prisoner, was a stouter man than any of the others; they asked me, if I should know them again, if I saw them; I told them, I should.

Mr. Solicitor General. I think you said at the time, that Quick advised them to keep off, that they were within forty yards distance? - Yes.

When the firing was, they were about ten yards? - Yes.

Did they continue advancing? - Yes, with their full bent on horseback.

THOMAS QUICK sworn.

Examined by Mr. Silvester.

You are an officer of excise? - Yes.

The mate of the Resolution cutter? - Yes.

Tell us what happened on the 6th of November? - I went on shore.

Court. At what time in the morning? - I came out of Bourne-sea; it might be about eight o'clock, as near as I can tell.

Mr. Silvester. You came in the boat? - I was officer of the boat.

A boat belonging to the Resolution cutter? - It was; after I got out of Bourne-sea, I saw a vessel lying riding upon anchor, in Studland-bay, which I supposed to be a smuggler, and when she discovered me, she slipped, and went out of the bay.

You saw her slip? - Yes; she was going to the Westward, but seeing the Resolution, she hauled her weather, and went down upon the North shore; I chased her in the boat, the captain in the cutter; the captain got up with her; before I pulled in my boat, the smuggler had sent his boat on shore.

You saw that? - Yes; the captain immediately hoisted his four oar'd boat, and sent her on shore after the smuggling-boat, with four men in her; as soon as I arrived at the spot, I went on shore, and seized the goods which were all lying upon the land-wash of the sea; I got them together all on a heap, as quick as possible.

What did you get together? - The tubs.

What kind of tubs were they? - What they call half-ankers.

What liquor? - Rum; I tasted.

Were they in flings? - Yes.

Court. You tasted nothing but rum?

- Nothing but rum; after I got them together, I tried to launch the four-oar'd boat to get the goods on board of the cutter, but the sea ran so high, I found it impossible to get either of my own boats off; after that, I got my own masts and fails into the smuggling-boat, and endeavoured to launch that.

Mr. Silvester. You thought the smuggling boat would launch sooner than your own? - Yes, because she was flat, and would rise lighter; while I was putting the goods on board, I saw a party of people riding down from Bourne-bottom.

How many might that party consist of? - About thirty; seeing them ride down in their long smock-frocks, I took them to be smugglers; I ordered my people to take to their arms.

Court. They were in smock-frocks, were they? - Most of them; they accordingly did take to their arms; as soon as the smugglers came within hearing, I desired them not to ride any farther, if they did, I would sire upon them.

Mr. Silvester. How near might they be when you gave them that caution? - About ten or twelve yards, or rather better; upon which, the answer they made me, was; d - n your eyes! fire, you b - g - rs, fire! they rode up immediately, with their sticks brandishing over their heads; upon which, I ordered my people to fire, and fire! myself; when one man dropped from his horse.

Had you observed the persons of any of those that came up? - One that was a-foot upon the shore, of the name of Dominy, I am sure I should know again.

But of the thirty that came up, do you know the persons of any? - I cannot swear positively.

Look at that man? - I cannot swear positively to him; after this man fell from his horse, they rode in upon me, and the man that was on shore, cleft my skull with a tomahawk, which he got out of my own boat; cut a piece out of my left arm, wounded me in my right hip, cut me across my left hand, and broke my right hand little finger; after they had done that, they beat me in a very cruel manner; I was lying upon the sands; they bruised me from head to foot very much.

Had you observed what the men had in their hands when they came up? - Some sticks, some whips.

What sort of sticks? - They might be as big round as a large broomstick, with a large head to them.

How long were they? - About three feet, or three feet and a half, as nigh as I can tell by the sight of them.

What kind of whips were they? - They seemed to be large loaded whips; I cannot say they were loaded, but they appeared to me to be large loaded whips.

What was the size of the end of the whips? - About as big round as the large end of a broomstick.

As you lay upon the ground, you say you received several blows; do you know what you was beat with? - With those sticks; they laid hold of the small end, beating me with the large end; after beating me, and wounding some more of my people, they drove off the goods in triumph, in a waggon and a cart.

Do you know what became of the rest of your people? - No, I was in a state of insensibility at that time.

Therefore you do not know what became of your people? - I do not.

You was afterwards carried on board; I believe that was all you knew? - That was all I knew.

You did not see the goods carried off then? - Yes, but after that I bled so much, that I was insensible.

What has been the consequence of those blows? - It affects my legs; a paralytic disorder proceeds from the wounds of my head, to my leg on that side.

How long was you confined? - Between five and six weeks in my chamber.

(Cross-examined by Mr. Knowlys.)

You say, these persons were about ten or twelve yards distance, when they first came up? - Yes.

Upon that you gave immediate orders to fire? - I desired them to stand off.

And they not standing off, you desired them to fire? - Yes.

Upon the firing, I take it a scuffle immediately commenced? - It did.

You were of course, in a great deal of confusion, as well as the other men at that time? - Yes.

You have stated a tomahawk being made use of? - Yes.

That came out of your own boat? - Yes.

It was not brought by these people? - No.

Your own own masts and fails were in the smuggler's boat at this time? - Yes.

You were in the way that the smugglers had to go to their own boat? - No; the goods were all on shore.

But they must have passed you to have gone to their own boat? - Yes.

There were no other weapons besides sticks and whips, except this tomahawk? - I did not observe any other.

And this mischief was done you by this Dominy, who is not yet taken? - It was; he came behind me, and cut me with a tomahawk.

Do you know who the man was, who fell from his horse, who was shot? - I cannot say.

He was shot before any scuffle? - Yes.

Mr. Sylvester. You was the first person knocked down? - Yes.

Had you seized the boat? - I had clapped the broad arrow upon her, in two places.

Mr. Knowlys. There was no firing from the smugglers? - Not that I remember.

WILLIAM CROSS sworn.

(Examined by Mr. Fielding.)

You belong to the Resolution cutter? - Yes.

Quick was the mate of that cutter? - Yes.

Were you in the boat with him? - Yes.

You landed with him? - Yes.

What did you see upon the beach when you first landed? - Some tubs swimming in the water.

You collected them together afterwards? - Yes.

How long had you been on shore by the beach and taken possession of these tubs, before you saw a company of men coming down upon you? - As nigh as I can guess about two hours.

What o'clock was it, as near as you can guess? - About ten o'clock, when I came on shore.

How many do you think there were? - I cannot rightly say; there might be thirty, or there might be more; I cannot say.

When they had come within twenty or thirty, or ten yards, was any thing said by Quick? - Yes.

How near were they then? - They might not be any further than from one end of this table to the other.

You were near enough to hear distinctly? - Yes.

What did Quick say? - He desired them to keep off, or he would fire.

What answer was made? - They said, fire, you b - g - rs, fire! for we are come resolutely bent!

After that answer was so made by them, what was done? - Quick ordered us to fire; he fired first, and then ordered me to fire.

When you had obeyed this order, did you perceive the effects of your firing? - We saw one or two men drop.

When you had seen them drop, what followed immediately? - As soon as they had dropped, they rode in upon us, and knocked us down.

Now look at the prisoner at the bar, do you know him? - Yes.

Was he one of the company? - He was one of the company.

Are you sure of it? - Yes.

In what situation was he in the company? - He came on horseback, with a large club in his hand, not quite so big as my fist.

In what manner was this club carried? - By the small end, and the big end above his head.

In what situation was he; as there were thirty of them, some must be forward, and some behind; was he in the front? - He was nearly in the front, there was one before him.

And you took observation enough to say he was one of the men? - Yes.

When he came forward, did you see who he assaulted? - I cannot say I did.

Court. You did not see whether he assaulted any one? - No.

Mr. Fielding. What became of you? - I ran into the water, and as I was in the water, a man came to me, and pointed a musket.

One of the company? - Yes.

On horseback? - Yes; he pointed a musket at me, and snapped it, I suppose a dozen times, and it did not go off.

What became of you at that time? - As soon as that man went away, there were three more came and knocked me down, cut me in the head, and bruised me very much.

In the water? - Yes.

What did they do after they had knocked you down in the water? - They knocked down every one they came nigh, and went away with the goods.

In what manner were they loaded? - In a waggon and a cart.

Did they all go away with them? - Yes, they all ran away with the goods.

Do you happen yourself to know what those casks contained? - About four gallons each.

But did you taste any of the liquors? - What I tasted was rum.

What became of Quick after they were gone? - We came and took them up that were wounded, and carried them on board.

Are you sure that man, the prisoner at the bar, was there? - Yes I am, he certainly was on the shore.

(Cross-examined by Mr. Sheppard.)

Where did you see him first after this happened? - At Southampton.

A fortnight ago? - It might be a fortnight, I cannot tell exactly.

That was the first time you had seen him since that happened? - Yes.

Had you ever seen him before? - Yes, I saw him upon the shore.

Had you ever seen him before the time the affray happened? - No.

There could not be much time intervene between your firing and their attacking you; they were very near you when you fired? - Yes.

You say there might be one or two men before this man? - There might be one or two, he was almost as soon as e'er a one.

You saw nothing of him after you had fired? - No.

Then, in fact, the only time you saw this man, was when they were advancing in this riotous manner, and when Quick ordered you to fire? - Yes.

Do you think all this took up two minutes? - Yes, ten minutes.

Did they make any halt at all? - No.

They came up galloping very furiously, when Quick called to them? - Yes.

Then they called out, fire, you b - g - rs, fire? - Yes.

That was the only opportunity you had of observing him? - We had a very fair opportunity of observing him.

Jury. What distance was this man from you, when you first saw him? - I suppose he was not above ten or twenty yards.

You particularly saw him, so as to be perfectly sure? - Yes, perfectly sure.

You never saw him till he was in custody? - No.

And then he was pointed out to you? - Yes.

Have you any other name besides Cross? - Yes, Robert Turner Cross .

But have you any other name? - No.

Is there a man of your crew they call Jack the Painter? - Yes.

Are you the man? - No.

Was you there when Jack the Painter looked at this man? - Yes.

Who was it said to one of you, d - n you, why don't you swear to him? - I never heard any such thing.

Mr. Fielding. No such thing ever passed? - Not that I ever heard of.

You say this man held up his stick above his head as he came? - Yes.

Have you any doubt that that is the man; if you have, declare it? - That is the man.

Court. When you saw him again at Southampton, had he that patch upon his face that he has now? - I cannot say he had; he had an handkerchief over his head then.

Mr. Fielding. It was not bound up the first time you saw him? - No.

But from the observations you made, did you immediately know him again, the second time you saw him? - Yes, immediately.

Had you given any description of him to any body before you saw him again? - No.

You had not given any description of them, to know them again? - I had said, that if I should see some of them again, I should know them, but I never described this man particularly.

[An objection was taken by Mr. Sheppard and Mr. Knowlys, being of Counsel for the prisoner, that it was necessary to support the indictment, that the subject of it should himself have preconcerted the assembling, and that he should himself be armed with an offensive weapon; but that the stick described by the witnesses to be in the hand of the prisoner, was not an offensive weapon; which objection was debated by the Counsel on both sides; the learned Judge said he was of opinion, that whether it was an offensive weapon or not, was a matter of fact that ought to go to the Jury.]

PRISONER's DEFENCE.

I am not guilty.

Court. Gentlemen of the Jury. - The case upon which it becomes me to address you, deserves the attention both of the Judge and the Jury. This, you find, is an indictment against the prisoner at the bar, John Bishop , which charges him, that he with divers other persons, to the number of three or more, on the 6th of November, at the parish of Oudenhurst, in the county of Southampton, being armed with firearms, &c. and other offensive weapons, did assemble themselves together in order to be aiding and assisting in rescuing and taking from Thomas Quick , one of the officers of excise of our Lord the King, a large quantity of foreign brandy, and foreign rum, being uncustomed goods, and goods being liable to pay duties, which had not been paid or secured, after seizure of the said goods by the said Thomas Quick , being one of the officers of excise.

The learned Judge having summed up the evidence to the Jury, proceeded to make the following observations.

Gentlemen. - This is the evidence on the part of the prosecution, and this prosecution is founded upon part of an act of parliament, which was passed in the 19th year of the late king's reign; in which it is enacted, that if any persons, to the number of three or more, armed with firearms, or other offensive weapons, shall be assembled, in order to be aiding and assisting, in the running, landing, or carrying away prohibited, or uncustomed goods, or goods liable to any duties, which have not been paid or secured; or after having been seized, to take them from any officer or officers of excise: in that case, and other cases specified in the act, but which are now out of the case, it shall be deemed a capital felony; so that the crime for which the prisoner stands indicted, is a capital offence. The question is, whether he comes within the meaning of the act. It is certainly true, that the mere act of rescuing smuggled goods, is not now, of itself, a

capital felony; because though it was so under this present act of the 19th of George II . the subsequent act has described that offence, and made it a misdemeanor only; and subjected the offenders to certain punishments less than this act of parliament had described for that offence: the construction is, that this is a virtual repeal of the statute of the 12th of George II . so far as it goes to inflict the capital punishment, upon the rescuing of the goods. - That part upon which the prisoner must be convicted or acquitted is, that he with other persons, to the number of three or more, armed with fire-arms, and other offensive weapons, was assembled, in order to be aiding and assisting, in taking those prohibited goods, or rescuing the same after the seizure by the officers of excise; so that to bring the prisoner's case within the meaning of the act, it is necessary he should assemble with other persons, with the intent, and for the purposes of the act; and that the persons so assembled should have been armed with fire-arms, or other offensive weapons; and in my opinion this act requires, that every person charged with having committed the offence, should be proved himself to be actually so armed; and that if the prisoner had been seen unarmed in this assembly, and every other man in the assembly had been armed, I should have been of opinion that the prisoner was not within the meaning of the act. Therefore the question for your consideration in the first place will be, whether any persons with whom the prisoner was connected, did assemble armed, and whether the prisoner was so armed, for the purpose of assisting in preventing or in rescuing the seizure? In the first place, with regard to these things being uncustomed goods, I believe you can have little or no doubt; the circumstances of their landing in the manner they did, the casks are found to contain goods liable to the payment of the customs and excise, their being in those small casks with slings tied round each cask; the pursuit of a boat with such a sort of cargo on board, the landing of that cargo, and the men running away from it, must leave very little doubt in your minds but these goods were certainly smuggled goods, and were brought there for the purpose of being landed. - Then, gentlemen, the question will be, whether you are of opinion that the prisoner was a person present; the next question will be, whether the persons assembled, the persons who committed these outrages, and who have in fact carried away the smuggled goods, did assemble for the purpose of rescuing the goods. Then what is the evidence? The goods are landed, they are in possession of the revenue officers, who are making preparations for carrying them off, but are prevented from doing it immediately; they had them in their possession two hours; the men who land them leave them, and in two hours time there appear men to the number of thirty or more, with certain instruments, sticks or clubs; these men advance precipitately; upon their coming up, they are called upon to desist, or they would be fired at; and then they use terms of high provocation and defiance, bidding them fire and be damned, with very opprobrious names; the party are too numerous, they overpower them, and several of them are ill treated, as you hear by the witnesses. In consequence of this, the revenue officers being overpowered, the goods are carried away in a waggon and cart, which waggon and cart are brought down; this is a very material circumstance; there arrives very soon after these men a waggon and cart, and into this waggon and cart are these goods put, and carried away under the guard of the whole company; then the question will be, whether they originally assembled for the very purpose of that which they effected? Now, Gentlemen, their number and the circumstances under which they come, their bidding defiance, and their actually taking away the goods, are circumstances for you to put together, in order to decide, whether they did or not assemble for the purpose of doing this act. The next question for your consideration then will be, whether the prisoner at thebar is one of those men; if you are of opinion that they were not so assembled, I mean the body which he joined, then of course there will be an end of his guilt; then the question will be, whether the prisoner was one of those persons? now you see upon what evidence that rests; there are, to be sure, two witnesses who speak to it, but the prisoner was a stranger to both those witnesses till this happened; they had but a short time to observe his face; neither of them were acquainted with the prisoner, nor did they see him again (this was upon the 6th of November) till about the 14th of this last month; when they did see him again the second time he was in custody; they were called to look at him; they both agreed that he was the man; there certainly was a very material difference in his appearance, owing to some accident which appears about his head, the marks of which he now bears; but however, they do undertake to swear, that notwithstanding that difference, he was one of those men. Then, Gentlemen, the next consideration for you will be, provided you are satisfied the witnesses are not mistaken, whether the prisoner was armed with an offensive weapon; for it is essential that he should be himself individually armed with an offensive weapon; for though all the rest were armed, if he was not he would not be within the meaning of the act. Now, Gentlemen, you have heard a great deal from the Counsel on both sides; to be sure I do not go the length of one of the Counsel, in saying that any instrument whatever it be, is an offensive weapon if it is used as such; a common cane that a man usually carries would not, in my opinion amount to the offensive weapon mentioned in the act; but my notion of the act is this, that if it is an usual instrument, if it is a common stick that he carries in his hand, or a stick that he may carry without exciting any surprize from the size of it, it would not come within the description; but any instrument that imports terror in its appearance, and that may serve to intimidate persons, that instrument, in my opinion, will be an offensive weapon within the meaning of the act, if that instrument is shewn in such a way as to intimidate. Gentlemen, it was a stick, one witness says, about three feet, and another about three feet and a half long; but he describes it to be about the size of a large broomstick, with a large head to it; there was no name to it, and perhaps it was not fit should have a name, but it was said with such the prisoner was armed at that time; the prisoner when he appeared carried it over his head, which was in an offensive manner no doubt. I shall leave it entirely to you, whether the instrument, as you have heard it described by the witnesses, was an offensive instrument, and liable to produce that terror to the witnesses from which danger was likely ensue; if you are of that opinion, it will be an offensive weapon, within the meaning of the act; but it depends upon whether you are satisfied that the persons were assembled for the purpose of carrying away the goods; that they were so armed; and that you are satisfied in your conscience that the prisoner is one of the men; it depends upon these circumstances whether you convict the prisoner: It will be your duty to acquit him, if you are not satisfied that the company in which he is supposed to have been, did assemble for that purpose; or if you think that he himself, with them, was not so assembled; or that they were not armed, that is particularly, that the prisoner was not armed with such a weapon as may be deemed an offensive weapon; for all these circumstances must concur before you can convict the prisoner; you will exercise your own judgement, and either convict or acquit the prisoner, as the circumstances shall appear to you.

GUILTY , Death .

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

Reference Number: t17880227-107

247. ANN JONES and GRACE BROWN were indicted for feloniously stealing, on the 17th of January , nineteen yards of silk ribbon, value 4 s. 6 d. the property of William Winch .

A second Count, laying it to be the property of Mary the wife of William Winch .

(The witnesses were examined apart at the request of the prisoner.)

MARY WINCH sworn.

I am wife to William Winch , linen-draper and haberdasher , No. 24, Shoemaker-row ; I carry on the business in my own name; my husband is in the timber-trade, and don't chose to have any thing to do with it; on Thursday the 17th of January, the prisoners came into my shop, about four o'clock in the afternoon; I had seen them several times before; one of them, I don't know which, asked for five yards of ribbon; they fixed on a piece, and had it cut off; missing two pieces out of the drawer, I sent for Mr. Watson, the constable, and detained them, and they were taken into another room, and searched by the constable's wife, who came with him; a piece of green ribbon was picked up from under the chair, where one of the prisoners sat, I cannot say which; they were stripped, nothing was found on Brown; as Mrs. Watson stripped the other, her petticoat dropped off, and a piece of ribbon, about nine yards dropped with it, and I saw Mrs. Watson stoop, and pick it up; I had just been shewing it to a friend at the other counter; they had come frequently together before.

(On her cross-examination she said they were very willing to be searched.)

ANN DAVIS sworn.

On Thursday the 17th of January, about four o'clock, the prisoners came into Mrs. Winch's shop, and asked for five yards of black ribbon for a bonnet; it was cut off for them, and I missed a piece of sash ribbon; I asked Mrs. Winch if it was in the drawer when she gave it me over; she said it was; Mrs. Winch came round to the side of the counter where I was, and missed a piece of white ribbon, she then sent for a constable; when the constable came, Jones got up, and I found a piece of green ribbon under the chair; they were both together.

Was any green ribbon missing? - Not that I know of; the drawer was in the middle of the counter.

Did either of them put their hands in the drawer, or did you give them the ribbon out? - No, Brown took them out herself.

You did not see them examined in the parlour? - No.

Should you know the maroon ribbon again? - Yes, it is marked 7 1/2 d. and a cross.

(Cross-examination.)

Did they converse together? - Yes, about the ribbon.

SARAH WATSON sworn.

I am the wife of the constable; Mrs. Winch sent for me on Thursday the 17th of January, I helped to undress Jones, and found upon her a piece of ribbon; I went to untie her under-petticoat, and a piece of ribbon dropped from her bosom.

You did not see it in her bosom? - No, I took it from under her coat, and her hand was over it, I heard it drop on the ground; it was a piece of maroon ribbon, I gave it to Mrs. Winch, and I saw Mrs. Winch give it to my husband.

MICHAEL WATSON sworn.

Mrs. Winch gave me this piece of ribbon (producing it); I have had it in my possession ever since; I took the prisoners into custody.

To Mrs. Watson. Is that the ribbon you took from the girl? - Yes; I put that cross upon it at the time, before the alderman.

To Davis. How came you to speak of the cross on the ribbon? - Because I saw Mrs. Watson mark it.

(It was deposed to by the prosecutrix.)

The prisoners left their defence to their Counsel.

Jones called one, and Brown three witnesses, who gave them a good character.

BOTH GUILTY .

On the first count.

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17880227-108

248. WILLIAM PARRAT was indicted for stealing, on the 22d of December , five quarters of oats, value 4 l. and four bushels of split beans, value 12 s. the property of Thomas Billingham .

It appeared that there was an actual sale of the goods to the prisoner, though they were not paid for.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17880227-109

249. JOSEPH KNIGHT was indicted, for that he, on the 22d of April , upon David Llewellin , John Gliddon , and Richard Shallcross , officers of excise, then being on shore, in the due execution of their office, in seizing for our Lord the King, ten gallons of brandy, which were then liable to be seized by the said David Llewellin , John Gliddon , and William Shallcross , did unlawfully make an assault, and did unlawfully hinder, oppose, and obstruct the aforesaid officers, in the due execution of their duty .

Mr. Garrow opened the indictment, and Mr. Solicitor General the case.

DAVID LLEWELLIN sworn.

(Examined by Mr. Silvester.)

What are you? - A supervisor in the excise.

What are Gliddon and Shallcross? - Officers of excise; on the the 22d of April last I had an information of a quantity of smuggled goods that were to be run at a place called Roche; in consequence of this information, Mr. Gliddon, Shallcross, I, and two soldiers, a serjeant and a corporal, who were recruiting at the town, went about eight miles on the road past Roche.

What o'clock was this? - Between the hours of eleven and twelve at night; we met with a party of smugglers.

Court. Where were you going? - To intercept them at the Indian Queen, where they were to cross the road; but we met them at the eight-mile-stone, as near as I can recollect; we met a gang of them; there might be eight, ten, twelve, or fifteen, I cannot tell; Gliddon was rather before us, and they beat him.

Mr. Sylvester. How forward was Gliddon before you? - From ten to twenty yards.

Did you see them attack Gliddon? - Yes, and they came up to me; I asked them what they carried, and they said, who are you? or clear the road, or something to that purpose.

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

Reference Number: t17880227-109

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 27th of FEBRUARY, 1788, and the following Days;

Being the THIRD 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 III. PART VII.

LONDON:

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

MDCCLXXXVIII.

THE WHOLE PROCEEDINGS UPON THE

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

Continuation of the Trial of Joseph Knight .

Mr. Silvester to David Llewellyn . What did they carry? - Ankers of liquor upon the horses; when we attacked them, and insisted upon knowing what they carried, some of them said, off! off! and immediately quitted their horses; two or three of them passed me on horseback, with each of them two ankers under them, particularly the prisoner at the bar; they would not get off their horses; they stood in a party off the road; they had engaged some of my officers before; I came up to the prisoner, and a little scuffle ensued between he and I; I insisted upon his stopping his horse, but he would not; I rode side by side with him, close to him, for twenty yards, or more.

Had you during that time, an opportunity of observing his person? - Yes, I have not the least doubt of his person.

Was it light enough to speak with certainty? - Quite sufficient.

Have you any doubt? - None at all; I had an opportunity, about nine days or a fortnight afterwards, to call at his house; I had cut him with my cutlass in the arm, and when I saw him at his house, his arm was in a sling, and he looked very sour at me; I had before seen the prisoner, and knew his person, but the reason of my going to the house was, because I did not know his name; I went to see if the man that I knew by sight, was the prisoner by name; we had drove three horses that they had quitted with ankers of liquors upon them, before us; Mr. Gliddon came up, and the smugglers followed us, beating us with large bludgeons, till my arms and back were quite black, and so were the officers that were with me; they called out after us a cant word,

"Ooro;" swearing, that they would lose their lives, before they would lose their goods; we went on till the road was firm; for where we attacked them first, there were tin works, and it was dangerous to turn a horse out of the road; when I came to that part of the road which I knew, I turned my horse upon the common; I told them, now my lads, I will shew you some sport; they turned back, and said, let them go and be d - n'd to them.

What liquor was upon the horses? - Brandy, rum, and gin.

How do you know? - I got it home and tasted it; I got three horses and six ankers.

Did you perceive any blow from any particular person? - Yes; I had a blow from the prisoner with a stick upon my arm, but not so hard as from the others.

Was your horse wounded? - Yes; something run through his cheek, an edge-tool; there was another horse that was shot, and had the mark of a bayonet, or some instrument, I cannot tell what, run into his buttock, as they tell me; I do not swear to that.

Nor you did not see the horse shot? - I cannot say I did.

(Cross-examined by Mr. Lens.)

What time of night was it? - Eleven or twelve, or thereabouts.

What sort of night was it? - Tolerable; neither very light, nor very dark; but it was light enough for me to see a man and horse at the distance of three or four hundred yards; I saw a man and horse at that distance, which I believed to be a smuggler, out upon the spy.

What reason have you to suppose that horse was at so great a distance? - He stopped, and we rode up to him, I believe about two or three hundred yards.

Did you know the prisoner before? - Yes; I had surveyed several places where I had seen him.

Then what was the occasion of your going to his house when he looked so sourly at you? - I went to convince myself that it was the same man I saw upon the ankers.

Be kind enough to to tell us what you mean by looking sourly? - I went in, and said, how do you do, and he said, what is that to you.

You say they followed you, beating you with bludgeons five or six feet long? - Yes.

Do you know what you say? - Yes; they could not have reached me very well, without being that length; you may give them what term you please, but they had sticks of that length.

How long was it after this transaction that you charged the prisoner with being concerned in this business? - It might be nine days or a fortnight.

Did you ask him how he came wounded? - I told him I was very sorry to find he had been engaged in the practice of smuggling, on account of his family.

Mr. Solicitor General. Are you perfectly sure that the prisoner is the man; be quite sure? - I am perfectly sure; I have not the least doubt.

Had they any permit with their liquors? - No; none at all.

JOHN GLIDDON sworn.

Examined by Mr. Fielding.

I am an officer of excise; I was with Mr. Llewellyn, on the 22d of April last, between nine and ten o'clock, I called Mr. Shallcross, and a corporal and serjeant of marines.

Is Mr. Shallcross an officer of excise? - Yes, we all went about seven or eight miles; about eleven o'clock we were OR Gauce Moor.

Was it light or dark? - It could not be very light, because it was a new moon, but it was so light that I could see the colour of a man's clothes; I saw a man at the distance of ten yards with a white jacket on.

What happened? - I rode foremost; I passed one or two horses loaded with ankers; then I called out to them, and said, halloo, gentlemen, what do you carry here? immediately a man cried out, all off! all off! then I saw two of them talking together; one of them said to the other, lend me your stick, if I don't do for him, I'll be d - n'd; I attempted a blow at them with a stick I had in my hand, but the stick flew out of my hand; I received blows from them, before I struck either of them, and I do not know that I struck either of them at last; I had received a

great many blows; my horse was killed under me, he was shot in the rump, and likewise stabbed near the same place; we drove on three loaded horses before us, and they kept following us and beating us; they said, they would sooner lose their lives than their goods; I believe we rode on a mile, and they followed us, beating us, and huzzaing; by-and-by we began to huzza as well as them; they then said, d - n them, let them go, it is of no use to follow them any further.

Have you any recollection of the prisoner? - Yes; but I cannot swear to him.

Mr. Lens. You do not profess to have so good a sight as the last witness; you say, that at the distance of ten yards you could discover a man with a white jacket on? - Yes.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17880227-110

250. THOMAS BURGESS , THOMAS FRANCIS , and JOHN FRANCIS were indicted, for that they, on the 11th of December, upon Thomas Edmunds , an officer of the excise, then being on shore in the due execution of his office, in seizing for our said Lord the King, fifty gallons of Geneva, which were then liable to be seized by the said Thomas Edmunds , did unlawfully make an assault, and did unlawfully hinder, oppose and obstruct the said Thomas Edmunds , in the due execution of his duty .

Mr. Fielding opened the Indictment, and Mr. Solicitor General the Case.

THOMAS EDMUNDS sworn.

Examined by Mr. Silvester.

What are you? - An excise officer; on the 11th of December, about the middle of the day, Thomas Rhodes , William Turner and I, were going across the country near Starchfield, in the county of Kent; we left Rhodes with our horses in a wood, while we went two or three lanes further, to see if we could trace any horses, and in about ten minutes or a quarter of an hour after we were gone, Rhodes came after us, and told us, there were a great many horses gone past; we traced them to a little bit of a valley, we could see them in the bottom, they were got off their horses, and they were tapping some of the tubs, and drinking.

How many were there? - I believe six or seven; we rode up to them; I told them I was an excise-officer, that I should seize the tubs and the horses; they swore they would be d - nd if I should; I should not have a single tub; I told them if they would be easy and quiet, and let us have the liquor and casks, we would give them their horses; no, they swore we should not have a single tub; some of them attacked us with whips, and two others ran and pulled out some hedge-stakes about five or six feet long, and then they came and knocked my horse down, which brought me down; then one of them hit me over the back with an hedge-stake; one of them halloo'd out, do him! do him! or something to that purpose; then Turner rode in with his cutlass, and that saved me; I then caught hold of one of their horses that had got a tub strapped on upon a little bit of a pad behind the saddle, and got up upon him as soon as I could; then they began pelting us with flint stones; one of them swore I had stole his horse; I shot at them seven or eight times, and I believe one of the balls went into Burgess's thigh; they followed us, pelting us with stones, and beating us, till at last, though I happened to have an iron hat on, they threw a stone, that made a dent in my head, and it bounded up, a matter of fourteen or twenty yards; one of my comrades said, ride! ride! or you will be killed; I had fired pretty nigh all my ammunition;

Turner called them by their names, and told them, I was an officer, and that they had better not obstruct us, for it would be at their peril, and that they must suffer for it, and cautioned them over and over again; we rode half a mile further, and then we took one of the tubs and spiled it; and found it to be gin; we put that tub into a ditch, and rode on to four or five houses, trying to get a gun; for they did not mind being shot at with pistols; we got a gun and some powder and shot; when we came back, there were five or six of them assembled in the middle of a field where there were stones as thick as they could lay; it joined the valley where we first attacked them; they ran away from the tubs into the wood, but before we could get to load any of them upon the horses, they came out of the wood again, and swore we should not have any of them away; I told them if they did not keep off, I would fire at them with a gun; I shot at the legs of two of them, and they ran again into the wood.

Why did you shoot at their legs? - Because I did not want to hurt them, I thought to frighten them; they assembled again, and swore we should not take them; I told them if they came any nigher, I would shoot at them; they pulled their coats off, and pelted us with stones; one of the stones hit the barrel of the gun I had in my hand; Thomas Francis was very resolute.

Are you perfectly sure it was he? - Yes; I pointed the gun at him, and he held up his arms before his face, and said, shoot and be d - n'd, I dont care for you; I fired at them wit powder and small shot, and that drove them off; then we got the goods and drove them about the wood.

What did the casks contain? - The twenty-two tubs contained Holland's gin; I tasted them.

You are sure that Thomas Francis was the man? - Yes, and Burgess, I cannot swear to the other.

Cross examined by Mr. Downer.

How long have you been in the Excise? - Six or seven years.

Who went with you? - Rhodes and Turner, they went to execute a warrant at Dunkirk in Kent.

Do you know Paul Jones ? - Yes, alias William Turner .

Upon your coming up to them, upon your oath, did not you fire upon them immediately? - No, not till they began to knock our horses about.

Mr. Solicitor General. How long did this affair last? - About two hours and a half, or three hours.

WILLIAM TURNER sworn.

Examined by Mr. Fielding.

You are in the Excise? - No, I am not, nor was not at that time; I was going across the country to execute a warrant; Mr. Edmunds and Rhodes were going the same way, and I went with them.

What time of day was it when you went to Starchfield? - About 12 o'clock; when we got to Starchfield, we put our horses into a copse, and left Rhodes with them; we walked across two fields, when Rhodes came after us, and told us the smugglers were gone past; we pursued them, and overtook them in a mile and a quarter tapping their tubs; Mr. Edmunds and I rode up to them, Rhodes was rather behind.

How many were there? - I am sure there were five, but I cannot say exactly to the number; Mr. Edmunds told them he must seize the goods; they swore he should not; they blasted their eyes, and used other imprecations; three of them went to the hedge, and pulled out hedge stakes five or six feet long; one of them struck Mr. Edmunds's horse, and knocked him down; he was going to strike Edmunds with his stick, and said, damn your eyes, I'll do for you, which, if I had not intercepted that blow,

it would have killed him; one of them hit me with a stick and made me drop my reins; they followed us and beat us very much; they pelted us with stones; Edmunds had an iron crown to his hat, and one of the stones bounded from his head as high as this cieling; we retreated when we found we could do nothing for the stones; Rhodes had fired, but my pistols were damp, and would not go off at all; Edmunds's face was so violently swelled with the beating, that a person that had not been very well acquainted with him, would not have known him; the swelling came on gradually.

Edmunds had fired? - Yes.

They were in a field where there were plenty of stones? - Yes.

Which seemed to be the most formidable workmen, the stones or the pistol? - When they found they could not do any thing with me with the sword, they found the stones best; Edmunds got upon one of the smugglers horses, and we retreated when we found stones come so fast.

Did you know any of the men before? - Yes, I knew them well before; I had formerly been an officer in that part of the country; we went and got a gun and another person to assist us; when we came back they were in the field; they were off their horses, and the tubs unloaded, bidding defiance to any body that should oppose; we went up and attacked them; they retreated; Edmunds told them he should certainly fire upon them, for that he had regularly seized them; says I, Burgess, you know very well you are acting against the law; the other two persons I knew as well, but not by name.

Mr. Solicitor General. How long had you known the persons? - I had known Burgess several years; I had known the other about a year and a half.

(Cross-examined by Mr. Downer.)

You say they are known to you; perhaps you are as well known to them? - Perhaps so.

You have the name of Paul Jones , I understand? - Yes, that is the name the smugglers gave me.

How happened it that you was removed from the custom-house? - I was moved to an inland place, and having a vast quantity of liquors under the staving act, and unsettled, that was the reason of my going out.

You had time enough to have taken them and the tubs too, before they could have had an opportunity of getting hedge-stakes? - I believe it might have been done if Rhodes had come up, but he was behind, and we did not wish to be desperate.

Mr. Fielding. The smugglers gave you the name of Paul Jones , because you had formerly been very active and valiant against them? - I suppose that was it.

THOMAS RHODES sworn.

(Examined by Mr. Silvester.)

You was with Turner and Edmunds? - Yes.

You saw five smugglers with tubs? - Yes.

Did you know any of them? - Yes, all of them.

Look at the prisoners? - Yes, they were there; the middle one is Burgess, and the other two Francis's.

How long had you known them? - Two or three months.

Are you certain? - Yes, I am certain sure of it; it was in the middle of the day.

Mr. Downer. What are you? - A butcher.

How came you to go into this part of the country upon such an occasion? - Edmunds called upon me to go with him; my father is a surveyor of the customs.

ALL THREE GUILTY .

To be imprisoned two years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17880227-111

251. DAVID JONES was indicted for obtaining goods by false pretences .

GUILTY .

Fined 1 s. and imprisoned six months .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17880227-112

252. WILLIAM HEARNE was indicted for putting off a bad six-pence .

GUILTY .

Imprisoned one year in Newgate .

Tried by the London Jury before Mr. RECORDER.

Reference Number: o17880227-1

THE OPINION of the TWELVE JUDGES, On the CASE of WILLIAM HOWE , otherwise HOWARD , AS DELIVERED BY Mr. Baron THOMPSON .

THE prisoner at the bar, William Howe , otherwise Howard, (together with John Hitchcock , who is since dead,) were indicted here last sessions, 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, of the value of 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 against the statute. There is another count in the indictment, the same as the former, only omitting the words,

"take and carry away;" they were found, the one cutting, and the other tying them up; the shrubs would have been worth at Fleet-market, from eight shillings to twelve shillings: The Jury found them both Guilty; but their judgment was respited on a doubt,

"whether the statute 6 Geo. 3.

"chap. 36. on which that indictment

"was founded, was not repealed by a

"statute of the same year, chap. 48." This question has been considered at a meeting of the Judges, (from which, only one was absent;) and we are of opinion, that he statute, the 6 Geo. 3. chap. 36. is not so repealed: By that statute it is among other things enacted, that

"after the

"6th, of June 1766, all persons who shall in

"the night dig up, spoil, destroy, steal,

"or carry away, plants of the value of

"5 s. which shall be growing in the garden

"ground, nursery ground, or other

"inclosed ground, of any person or persons

" whomsoever without consent of the owner,

"shall be deemed guilty of felony,

"and shall be punished by the like pains

"and penalties, as in cases of felony,

"and that the Court shall have authority

"to direct such persons to be transported

"for seven years, as others are directed to

"be transported by the laws and statutes

"of this realm;" This statute applies only to the offence of stealing or destroying the shrubs of the value of 5 s. and that offence committed in the night, and it does not at all extend to stealing or destroying the shrubs in the day-time, be their value what it may; at the session of Parliament, another statute, passed ch. 48. whereby among other things, it is enacted, that

"after the 24th day of June, 1766,

"every person who shall pluck up, destroy,

"steal, or carry away, any root, shrub,

"or plant, out of the fields or other grounds

"of any person whatsoever, without

"the consent of the owner, and shall be

"convicted before a Justice of the peace,

"for the first offence, shall forfeit a sum

"of money, not exceeding 40 s. for the

"second offence, a sum of money, not exceeding

"5 l. and for the third offence,

"shall be deemed guilty of felony." - These acts of the 6 Geo. 3. ch. 36. & 48. passed in the same session, we think ought to be taken together, and then their provision will stand thus; the offence of destroying and carrying away, if of the value of 5 s. is felony, if done in the day-time; or even in the night, if the property is under 40 s. it is only subject to the pecuniary penalty mentioned in the last act; we are of opinion, that the prisoners were properly convicted upon the first-mentioned statute.

GUILTY .

Fined 1 s. and imprisoned six months .

Reference Number: s17880227-1

The Trials being ended, the Court proceeded to give Judgment as follows:

Received Sentence of Death, 14, viz.

William Turner , William Ludlam (convicted last Sessions of forgery;) Thomas Holyoak , William Oates , Samuel Crafts , James Haylock , alias Hullock, Lydia Jones , Thomas Granger , Thomas Collins , Elizabeth Smith , John Bishop , alias Butler, Martha Cutler , Sarah Cowden , and Sarah Storer .

To be Transported for fourteen years, 1, viz.

John Mundy .

To be Transported for seven years, 48, viz.

James Smith , Joseph Moss , Joseph Newton , Hannah Gee , alias Teasdale, John Marsden , John Stirling , Peter Buckeridge , Thomas Roberts , Ann Jones , Grace Brown , James Jones , alias Shandy, Richard Hollingsworth , William Hill, Philip Bono , Michael Higgins , William Smith , George Talbert , Thomas French , James Dixon , William Davis , Edward Elms , Anthony Bryan , Sarah Jones , Samuel Brown alias Featherstone, Mary Talbot , Richard Manypenny , John Murwell , Thomas Oddy , John Lacey , Peter Orwell , Isaac Goldfinch , Abraham Lee , Edward Collier , William Hooper, Thomas Harvey , Charles Keeling , Simon Lavendar , Ann Wheeler, Elizabeth Barnsley , Ann Clarke , Isabella Manson, William Constable , William Orman, William Paul , William Alder , James Colly , John Hayes , and James Hunt.

To be imprisoned two years, 3, viz.

Thomas Burgess , Thomas Francis and John Francis .

To be imprisoned six months, 7, viz.

Elizabeth Baldwin , Henry Marks , William Whittle , David Jones , Robert Deary , Thomas Williams , and Mary Harris .

To be publicly whipped, 10, viz.

Edmund Clarke , James Finney , Samuel Tong , James Harding , Henry Marks , William Whittle , Jacob Wheeler , Charles Timans, Thomas Ling, and Henry Hales.

Reference Number: a17880227-1

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