Old Bailey Proceedings, 2nd April 1788.
Reference Number: 17880402
Reference Number: f17880402-1

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 2d of APRIL, 1788, and the following Days;

Being the FOURTH 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 IV. 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 Honorable JOHN BURNELL , LORD MAYOR of the City of London; Sir WILLIAM HENRY ASHHURST , one of the Justices, of his Majesty's Court of King's Bench; Sir BEAUMONT HOTHAM , Knt. 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 of his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Gaol Delivery of Newgate, holden for the said City and County of Middlesex.

London Jury.

Peter Smith

John Davis

William Bray

John Badger

* William Corrock

* John Warboys served on the Saturday night, in the room of William Corrock .

Richard Price

William Clarke

Henry Williams

Richard Wood

Richard Dolly

Thomas Knight

William White

First Middlesex Jury.

John Marsh

William Geeve

William Munt

John Skillman

John Partridge

Edmund Franklin

Joseph Finch

William Richardson

Ralph Mitchinson

+ Thomas Boyes

+ Archibald Hamilton served on Friday and Saturday, in the room of Thomas Boyes .

William Mercer

Nathaniel Gosford

Second Middlesex Jury.

John Vaughan

James Ashley

William Saxton

Joyce Coombes

Joseph Wilkins

George Jefferies

Charles Burgess

Henry Eyles

Philip Norbery

William Pickering

John Wilkinson

Henry Allaway

Reference Number: t17880402-1

253. LUKE JONES was indicted for burglariously and feloniously breaking and entering the dwelling-house of John Arundell , on the 26th of March last, about the hour of eight in the night, and burglariously stealing therein, a cloth coat, value 30 s. a pair of cloth breeches, value 8 s. and a waistcoat, value 2 s. his property .

JOHN ARUNDELL sworn.

I live in Pennington-street, near Old Gravel-lane ; I went out at half past six on the 26th of March; I left nobody at home; I locked the door after me; there are two doors, one door was double locked, and the other door was bolted with two bolts; the windows were bolted; I returned at about half past seven; I met this little boy, who told me he saw two men get into my window; I ran home as fast as I could, and looked through the chamber window, and saw a candle moving in the chamber, up one pair of stairs; I directly ran over to the Fox, and begged Mr. Carter to come to my assistance; I found the door double locked, the same as I left it; I opened it as fast as ever I could, and ran in, and ran up stairs with two or three more of the witnesses; I came into the chamber, and saw nobody; in the course of a very short time, I heard something fall in the garret; while I was looking in the garret, I looked up the garret chimney, and there I saw the prisoner in the chimney; we pulled him down directly; he said, do not use me ill; and he laughed at us; when we secured him, I went up about the house, and looked to see whether any thing was moved, and I found the drawer was not locked, and these clothes that I have here bid been moved, and taken out and laid on a chair; I am quite sure they were in the drawer before, and not on the chair.

Are you quite sure of that? - I am quite sure of that, the things are mine.

(Deposed to.)

WILLIAM ABBOTT .

What age are you? - Not eleven.

Are you ten? - I shall be eleven, the 11th of this month.

Do you know the nature of an oath, my little man? - No Sir.

Do not you know what will happen to you, if you swear falsely? - Yes.

What will happen to you? - Everlasting punishment.

WILLIAM ABBOTT sworn.

Take care to tell nothing but the truth? - I was going out for a quartern of butter, and I saw a man getting into Mr. Arundell's window.

What time in the evening was it? - Between seven and eight.

How did the man get the window open? - I did not see him get the window open; he was getting into the window as I came out.

Are you sure it was past seven? - Yes.

How did you see him, what light did you see him by? - I saw him getting in; he had a brown coat on; they had a candle alight.

Was there day-light enough for you to see him by? - Yes.

Besides the candle then, there was daylight enough to see him? - Yes; the prisoner is the man; I am sure of it.

THOMAS ARLINGTON sworn.

I went into the prosecutor's house, with him and some others, there we found the prisoner getting up the chimney; I did not see the things that were found at that time.

Prisoner. I beg for mercy.

Court. What may be the value of these things? - About three pounds.

Court. What! these old clothes worth three pounds? - Yes.

GUILTY, Of stealing to the value of 25 s. but not of the burglary .

Tried by the first Middlesex Jury before Mr. RECORDER.

[Transportation. See summary.]

Reference Number: t17880402-2

254. BENJAMIN BRICKMAN was indicted for feloniously breaking and entering the dwelling-house of Thomas Wenman , no person being therein, between the hours of eleven and twelve in the forenoon of the 13th of December last, and feloniously stealing therein, two pounds weight of beef, value 6 d. a cloth waistcoat, value

10 s. a handkerchief, value 4 s. a pair of stockings, value 3 s. half a guinea, value 10 s. 6 d. the property of Thomas Wenman , the younger ; and a crown piece, value 5 s. and 9 d. in money, the property of Charles Wenman .

THOMAS WENMAN sworn.

I live at West Drayton, near Uxbridge ; on the 13th of December, my house was broke open; I was out at six o'clock in the morning to work; I left a little girl at home, my daughter, about nine, nobody else; her mother was out a washing, and I was out hedging and ditching; about two I was sent for home, a little boy came after me, his name is William Wenman ; when I went out, I left the doors and windows all fast, I did not lock the door, because the child was in the house; when I was sent for home, I found the window open, but not broke; there was a little hole in the window, and a bit of a rag was in it, that was broke before, there was nothing new broken; I missed the money, the boy's waistcoat and stockings, there was a crown-piece belonging to one of the boys, and sixpence and some half-pence; and there was half-a-guinea belonging to the lad that is here; they were all in a box together; the box was not locked; the money was in a little chest of drawers; the waistcoat with the things were found upon he at night; I was not present when he was taken; here is the man that took him, I know nothing more; the little lad that came for me is not here.

THOMAS WENMAN sworn.

I am son to the last witness; I only swear to my property.

RICHARD LLOYD sworn.

I know nothing further than finding the things this young man has sworn to, on the prisoner; I took him at the sign of the Leather-seller's Arms; on the 13th of December, near nine in the evening, I found this waistcoat.

WILLIAM ALLWIN sworn.

I am a constable; this is the same waistcoat that Lloyd gave me, it never has been out of my custody.

Court to Lloyd. What did the prisoner say for himself when you took him up? - He said, he had not been near Drayton that day.

(The waistcoat deposed to by Thomas Wenman .) I am sure of it; I know it by a button being loose, and by a spot.

(A little girl set up)

How old are you? - Nine.

Do you know any thing of the nature of an oath.

(No answer.)

Do you know what an oath means.

(No answer.)

Do you understand me, my little girl; do you know the meaning of an oath? - No, Sir.

Do you know what would happen to you, if you was to swear false? - No, Sir.

Have you ever learned your catechism? - No.

Court. I do not think this child is fit to be sworn; there is no evidence without the child of the capital part of the indictment.

PRISONER's DEFENCE.

I bought this waistcoat in the road, of a labouring man, and gave 3 s. for it; there was nobody besides me and the man.

Court. Have you any body to give you a character? - No, I am so far off home.

GUILTY, But not of the breaking and entering the house .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880402-3

255. JAMES WILLOUGHBY was indicted for burglariously and feloniously breaking and entering the dwelling-house of Sir Ralph Milbank , about the hour of ten in the night, on the 9th day of February last, and burglariously stealing therein a cloth box coat, value 20 s. the property of George Chambers , Esq . three cloth coats, value 18 s. the property of Edward Brice ; a cloth coat, value 8 s. and a pair of sheets, value 5 s. the property of James Damarain .

(The witnesses examined apart, at the desire of Mr. Peatt, Prisoner's Counsel.)

JAMES DAMARAIN sworn.

I am servant to Mr. Chambers; Sir Ralph Milbank's son married Mr. Chambers's sister; Sir Ralph Milbank 's house is in Harley-street, Mary-le-bone, and he had leave to put his things there; the coach-house was broke open on Sunday, between half after five and half after ten; I left the stables at half past five; it was a spring lock; I have the key in my pocket; it was quite light when I left the stables; the stable door was opened either by a key, or a pick-lock key; the box coat was taken out of the coach-house, and all the rest of the things out of the stables; the box coat and sheets belonged to Mr. Chambers; the sheets were taken off the bed; I am sure all the things were in the stables at the time I left them.

EDWARD BRICE sworn.

I was not present in the stables at the time; I only know one coat to be mine; I lost three cloth coats in the whole, but there is only one produced; I also lost a pair of leather boots.

RICHARD POPPLE sworn.

I keep hackney coaches; I know nothing of the robbery; I only prove that I bought the clothes of the prisoner (produces them); I cannot say the day, it is now five weeks ago; I have had them in my custody ever since.

Damarain. This is my own coat; this was in the stable at the time of the robbery.

What is the value of it? - Eight shillings; the box coat belongs to Captain Chambers ; I am his servant; it was in my possession; it was taken off the box; I marked it before it was lost; I know it again.

What is the value of that? - Twenty shillings.

Brice. Here is one coat which is my property, value half-a-guinea.

Damarain. I saw this coat on the bed when I went away.

Mr. Peatt to Damarain. You are a servant to Captain Chambers? - Yes.

Sir Ralph Milbank keeps the house? - Yes.

Do they live together in the same house? - No; Captain Chambers lives at No. 31, in Norton-street; he had leave to put his horses in the stable.

How many doors are there to those stables? - There are three doors in the whole, one out of the laundry into the stables, and one into the coach-house, and another out of the stables into the street.

You was gone about five hours? - Yes, there was a coat of that appearance lay on the bed, that is all I know; a pair of sheets were lost, and my sheets were off the bed.

JAMES POPPLE sworn.

I know nothing of the robbery; this man brought the clothes into the yard where my brother has stables, and I was present when he offered them to sale.

What did your brother give for the clothes? - Thirty-seven shillings for these three that I produce; this is all that ever I saw.

Mr. Peatt. Would they sell for as much as that to an old clothes-man? - No, I do not think they would.

What do you think they are worth, conscientiously, as old clothes? - I think an old clothes-man would not give more than a guinea and a half for them to sell again.

GEORGE ZEAL sworn.

This day three weeks, which was the 18th of March, James Donner and another came to our office in Poland-street, and said they knew who the man was that did the robbery; with that, I and William Blacketer went to the stables and apprehended the prisoner; he said, he had sold the clothes, and he would go with us to the place.

Did you say any thing to him before? - No.

Did Blacketer say any thing to him? - I did not hear whether he did or not; we took him to the office, and he went with us to the Red Lion; there we saw one of the coats that was at Popple's.

Mr. Peatt. What conversation passed previous to his saying that he would shew you where the coats were? - That was between Blacketer and him, and I was not present, I went and asked him, whether he had told Blacketer, where he had sold the coats; that was all he said to me, and that was all I said to him; I am sure that was the expression I used to him.

PRISONER's DEFENCE.

My Lord, I did not break into the stables, the things were given me to carry down to sell.

Mr. Peatt. Where is Blacketer? - I have not seen him to-day.

The prisoner called one witness who gave him a good character; the prisoner's father, brother, and sister, also attended to give him a character, but the Counsel declined calling them.

GUILTY, Of stealing, but not of the burglary .

Transported for seven years .

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

Reference Number: t17880402-4

256. PHEBE WILLIAMS was indicted for feloniously stealing, on the 26th of March , a piece of printed cotton, containing four yards and three quarters, value 7 s. the property of Thomas Faulding , privily in his shop .

THOMAS FAULDING sworn.

I keep a linen-draper's shop in Coventry-street, St. James's ; on the 26th of March I lost four yards and three quarters of printed callico; at twelve o'clock at noon the prisoner came into the shop, and desired to look at some remnants of callicoes; after looking some time, she bought a small quantity, a yard and three quarters, or two yards, and this she took; I had a suspicion of her myself, as I had twice had her at the publick office in Bow-street; I concealed myself in a part of the shop, and saw her take it off the counter; she bought some others, and gave a false address where they were to go to; she went out of the shop; I immediately followed her, and brought her in again, and took it from her.

PRISONER's DEFENCE.

This gentleman called me back again, and he said he owed me spite; the bit of cotton was sent to my brother; the gentleman said if I can hang you I will; I never was in the gentleman's shop in my life.

GUILTY, Of stealing, but not privately .

Transported for seven years .

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

Reference Number: t17880402-5

257. ELIZABETH COTTERELL was indicted for feloniously stealing, on the 1st day of March last, a piece of lawn, containing ten yards, value 1 l. 15 s. the property of John Wilkinson .

The witnesses examined separate.

JOHN WILKINSON sworn.

I am a linen-draper in Dartmouth-street, Westminster ; on the 1st of March I lost

a piece of lawn from the counter; I saw the prisoner in my shop, she came in between one and three in the afternoon; I did not serve her; I did not see her go out; my servant told me she was gone out; he believed she had a piece of cotton; I went after her about five or six yards; I called her back; she came into the shop; she went up to the other side; I went to pull her cloak back, and just as I was going to do that, she dropped down the piece of cotton that is here; I stood beside her at the time it was dropped.

Can you confidently say it did not drop from the counter? - No, it dropped from her cloak; it was under her right arm; it dropped down on the floor the end next the counter.

Mr. Knapp, Prisoner's Counsel. This was between one and three? - Yes.

A great many people in the shop? - Not a great many; there were not many goods on the counter.

Did you see it drop? - I stood by her when she dropped it; I expected it.

HANNAH TOKELEY sworn.

I am shopwoman to the prosecutor; I served the prisoner with a piece of lawn.

Where was that lawn that your master has at the time you served her? - This piece she supported against the counter by leaning against it; when she came into the shop it was on the counter.

Did you see it on the counter? - Yes.

Had you been looking at it, or serving any body with it, or measuring it? - No; I got it out to serve her.

How long did she stay in the shop? - About half an hour; when she went away I went round the counter and observed the lawn laying on the floor.

Was that before she went out? - Before she went out, near where she stood, just under her feet; when I returned, the lawn was not there; I afterwards observed something under her cloak which appeared to me to be like that lawn; after that she went out.

Seeing it under her feet, I wonder you did not desire her to pick it up? - Why, I understood, that unless the prisoner took the things out of the shop, they could not be taken up: upon this, I gave notice to Mr. Wilkinson.

Mr. Knapp. This lawn was on the floor before she went out? - Yes, it was; I went round the counter, and I saw the lawn just under her feet; when I returned, the lawn was not there.

Mr. Knapp to prosecutor. Has that lawn been in your custody ever since? - Yes.

When was it delivered to you, and where? - It was delivered to me before the Justice; I know it to be mine, because it was my own marking.

Prisoner. I leave it to the counsel.

Richard Perry. I never took an oath in my life.

Are you a quaker? - No, but I never took an oath in my life.

Have you any objection to take it now, do you know what it is? it is, that you are to call God to witness, that you are to speak the truth: have you any objection to taking such an oath? - I have no objection.

RICHARD PERRY sworn.

I know the prisoner; I have known her these twenty years.

What is her character? - I do not know; I never knew her to be guilty of stealing any thing.

PHEBE PERRY sworn.

I have known her about five years.

What is she? - She is a woman that labours hard for her bread, as far as ever I knew; I never heard any thing but a good character.

GUILTY .

Transported for seven years .

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

Reference Number: t17880402-6

258. HUMPHREY FLANNAGAN and SUSANNAH COLLETT were indicted for feloniously stealing on the 4th day of March , a cloth box coat, value 10 s. the property of Henry Barrett .

HENRY BARRETT sworn.

I lost my coat; I saw it on the 28th of February; I lost it from the Crescent, where I live, from the box; the coach was standing in the Crescent while I was going in the yard to open the gates; I left it four or five minutes, not more.

ROBERT DAWSON sworn.

On the 28th of February at night, about half past eight, I saw the two prisoners; the woman had the coat in her apron, that was about three yards from this house; the man prisoner was with her when they came to the door of Mrs. Moses, who is indicted as receiver, but is not in custody; the man took the coat from the woman; she went into Mrs. Moses's with the coat; I saw the woman looking at the coat and I went in; immediately on my going in, Mrs. Moses threw the coat away behind the counter; I secured the two prisoners, and went and took the coat from behind the counter, and I advertised it the next day.

Why did not you take Mrs. Moses? - I did not know at that time that I was justified to take her into custody, as I knew where to find her, and I shall take the earliest opportunity of that.

(The coat deposed to.)

PRISONER FLANNAGAN's DEFENCE.

I am innocent of the coat; it was this woman; she told me, she picked it up in the street; she asked me where to sell it.

PRISONER COLLETT's DEFENCE.

I found the coat in the Minories; I kicked it, and took it up; coming along Rosemary-lane, I met Flannagan, knowing him to be a taylor, I asked him the value.

HUMPHREY FLANNAGAN , NOT GUILTY .

SUSANNAH COLLETT , GUILTY .

Imprisoned six months .

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

Reference Number: t17880402-7

259. ANN JONES was indicted for stealing, on the 19th of March , one cotton gown, value 10 s. the property of Elizabeth Jones .

ELIZABETH JONES sworn.

I live in Albermarle-street ; I lost a cotton gown, about nine in the morning on the 19th of March, one of the servants informed me it was missing; she is not here.

JAMES FRANCIS sworn.

On Wednesday, March the 9th, in the morning, I saw the prisoner coming out of the house-keeper's room, at John Corbet 's Esq. No. 46, Albermarle-street; I mistrusted her: she was an entire stranger to us all; I went into the room to see if she had been speaking to any body, and immediately went out of the house, and caught her within two steps of the top with these things.

(The gown deposed to.)

PRISONER's DEFENCE.

I went with some water-cresses for the man-cook that I serve every morning.

What were you going to do with that gown? - I had it none; the gentleman had it in his own hand; and he asked me, what I was going in the kitchen for; I

told him, only giving the man-cook his water-cresses.

GUILTY .

Imprisoned six months .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880402-8

260. ROBERT JULKS was indicted for stealing, on the 17th of March last, thirty pounds weight of lead, value 6 s. belonging to Richard Lumley , affixed to his dwelling-house, against the statute .

RICHARD LUMLEY sworn.

I live in Bell-yard, Temple-bar ; I lost some lead on the 17th of last month, about thirty pounds or more, from part of the dwelling-house, and a sucker from the cistern, it was fixed to the side of the house; the cistern was in the yard, it joins to the side of the wall of the yard, but the other part of the lead was fixed to the dwelling-house; I only speak to the property.

JOHN BULLER sworn.

I am a patrol; on the 17th of March, it might be half past eight, I met the prisoner in Fleet-street; I asked him what he had? he would not tell me; I took him to the watch-house; he was very unwilling, but begged for mercy very much; when I got him to the watch-house, I asked him a great many questions, how he came by this lead? he said, he found it in Chancery-lane; I had seen the prisoner at work at Mr. Lumley's; then he told me, he found it in Fleet-street, just by where I took him; I went in the morning to Mr. Lumley's, and found the lead was gone.

Did you compare that lead with what was taken from the house? - No.

Did you, Mr. Lumley? - Yes; I know both one and the other; one is a new piece, and the other is an old one; I went upon the roof of the privy, where it was taken from, and looked at it, and found it fitted.

(The lead produced and deposed to.)

PRISONER's DEFENCE.

I am not guilty; I work for a gentleman, and I left him a fortnight, but I had been to seek for some work; coming out, I discerned something in the highway; a man helped me up with it, and the patrol took me.

GUILTY .

Transported for seven years .

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

Reference Number: t17880402-9

261. MICHAEL CONNER was indicted for stealing, on the 16th day of March , one iron bar, weight twenty-four pounds, value 10 d. the property of John Edwin , Esq . affixed to his stable .

- ALVERTON sworn.

I live in Compton-street facing the prosecutor's stables; on the 16th of March, about half after seven, I was at my window up stairs, and I saw the prisoner doing something that I thought he should not do; I saw the prisoner at work as hard as he could, getting the bar away, with an iron crow: he had one in his hand; I caught him; we scuffled; he got away from me; I am sure the prisoner was the man; he just dropped the bar, before the patrol took him; it was the crow which he dropped first, but he had a bar in his hand when I took him, and that he dropped, and his hat; I gave him his hat.

JOHN SMITH sworn.

I took the prisoner; I met him the corner of Bloomsbury-square; he had no iron bar upon him when I took him; he had nothing about him; he was without his hat; a gentleman gave me charge of him; I asked him how he came by the crow; and

he said he found it; he said he was afraid he should be taken, and he flung it away; we took him to the prosecutor's house, there was the last witness with these five bars and the prisoner's hat, and we took him to the Justice, and he was fully committed.

GEORGE GADDY sworn.

I am a smith, I put up these bars; they are the same bars, that I can swear to; (deposed to) here is one bar, value one shilling.

PRISONER's DEFENCE.

I heard the cry of stop thief, I ran as the rest, and the watchman took hold of me, I was taken at a nonplus.

GUILTY .

Transported for seven years .

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

Reference Number: t17880402-10

262. JOHN DUFF was indicted for stealing, on the 3d day of March last, two linen gowns, value 40 s. the property of Nathaniel Dance ; one linen ditto, value 12 s. an apron, value 2 s. a handkerchief, value 12 d. the property of Elizabeth Smith .

ELIZABETH SMITH sworn.

I live with Mrs. Dance, in Mortimer-street, Cavendish-square ; I lost the things in the indictment, I only speak to the property.

MARY STENSON sworn.

I know two of the gowns belong to Mrs. Dance; I laid the gowns in the room myself; I live with Mrs. Dance, she is married to Nathaniel Dance ; I laid the gowns down on the dresser about two, I missed them about a quarter before four; I had been with Mrs. Dance in the housekeeper's room, it opens to a passage that leads to the area; I do not know who took them; I saw the prisoner after he was taken, in the custody of the constable.

JOHN WARREN sworn.

I came from Mr. Dance's dressing-room on the 3d of March, a quarter before four by my watch; I am butler to Mr. Dance; coming down the steps that lead to the servant's apartments, I saw the prisoner standing in the passage, in confusion, within a yard of the property, that is here, in the house, in the passage that leads to the area, opposite to the house-keeper's room; there I saw the boy in confusion, which made me speak to him, otherwise I should have taken no notice of him, I asked him what he wanted; he then in a very equivocating manner, spoke chimnies, chimnies; I wanted to know what he meant; he said he came to know about the chimnies; I asked him from whence he came; he said from Donnellan in Portugal-street; I then called the under butler, and told him to call the house-keeper, seeing these things lay; I then took the boy into the house-keeper's room, and he said he came from Hyde-Park-corner; he desired to be excused; a constable was sent for and searched him, and found upon him a wire which he has to produce.

The CONSTABLE sworn.

I saw the things laying in the passage, when I was called to take the boy into custody; in his pocket I found this wire with a hook at the end of it.

Warren. Mrs. Dance's two gowns were on some steps in the passage, and the others were on the ground.

Court to Mrs. Stenson. You left the things on the dresser? - Yes.

Court to Mrs. Smith. Did you see the things on the dresser? - Yes, I went out of the house-keeper's room, I suppose it might be half after two, I saw them there about two. (The things produced and deposed to.) This is Mrs. Dance's, I have seen her wear it; and this is another of Mrs. Dance's.

Mrs. Smith. I know this gown by my wearing it and buying it.

PRISONER's DEFENCE.

About eight in the morning I was calling about the streets sweep, Sir, and I saw a woman sweeping the door, I asked her if any of the chimnies wanted sweeping; I called in the afternoon, and the area gate being open, I went down stairs, and going through the passage, the gentleman attacked me, and accused me of taking them things; I know nothing about them any more than the dead.

GUILTY .

Transported for seven years .

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

Reference Number: t17880402-11

263. JOHN SIMPSON was indicted for stealing, on the 5th of March , four horse-buckles, value 2 s. and four horse-buckle tongues, value 4 d. the property of Jacob Glover .

JACOB GLOVER sworn.

On the 5th of March I lost four harness-buckles, and four tongues.

BRIDGET ELWOOD sworn.

The prisoner was to make some buckles for half a crown a set for my husband; he was to make them in the shop of William Glover ; he came on the Tuesday to me, and said there would be a set ready by night, and at night he brought in four buckles; I asked him if he did not work for Mr. Glover; he said yes; I said where did you make these buckles? and he said, in William Glover 's shop, according to agreement; he stopped for some time, I asked him if he wanted any money; he hesitated and made no answer; I looked again and said, you have not brought the tongues; he said he would bring them the next day; then I gave him two shillings, and said I would give him the other six-pence, when he brought the tongues the next day; he came about two, I was very ill and gone to lay down, he left the tongues; in a few minutes after, Mr. Glover came over, and asked what Simpson had brought over; I shewed him, and told him the whole affair.

BENJ. DOUGHTY sworn.

These were delivered to me by Jacob Glover ; I saw him bring them out of the house.

(Deposed to.)

PRISONER's DEFENCE.

These buckles are my property, I made them out of my own iron, I brought them to Mr. Glover's shop to file; he says they are his, but I made them out of my own iron, or I wish I may never see the face of my maker; Mr. William Glover gave me leave to make them in his shop.

WILLIAM GLOVER sworn.

Did you give him leave to make the buckles in your shop? - In the prisoner's defence, he said he had leave to make them at my shop; I never saw the prisoner from the time I gave him leave, till I saw him in custody for taking them from his master.

If he had made them in your shop, must not you have seen him? - Yes, I think I must.

Prisoner. He was out two or three days, he gave me leave to make as many as I chose.

(The prisoner called one witness, who gave him a good character, and said he had a very numerous family, and was very young.)

GUILTY, 10 d .

Whipped .

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

Reference Number: t17880402-12

264. BENJAMIN BIRD was indicted for stealing, on the 6th day of March last, a side of an iron grate, value 18 d. an iron axle-tree, value 2 s. an iron and steel anvil, value 20 s. and a bar of iron, value 5 s. the property of Samuel Foley .

SAMUEL FOLEY sworn.

I am a smith; I live in Penington-street, Ratcliffe-highway; my work-shop is in White's Yard, Rosemary-lane ; on the 16th of March, the prisoner in the middle of the day came into my shop, and talked to me a good while; he had no business; he asked me to have something to drink; I knew him before, and thought he could not afford it, and said, no; and he went away; the night following, my shop was broke open, and I lost the things mentioned in the indictment; I suspected the prisoner, and got a search-warrant; I went with the officer, and found this bar of iron, and the anvil covered on the bed; the prisoner was not present; (Produced;) I am positive to the anvil; I had it these twenty years; it is as remarkable as my hands; I have mended it once; it is broke on the face.

Is not it a great weight? - About one hundred and sixteen pounds.

Can a man carry it away? - Yes.

Did he give any account, how he came by these things? - I never spoke to him till he was before the Justice.

WILLIAM ELBY sworn.

I am a constable; I went with the prosecutor; the prisoner was not at home; I found the bar of iron in a cupboard; I was not at the finding of the anvil; I was in pursuit of the prisoner; I took him at his lodgings in the evening, after I searched the house in the morning; he told me, he was employed to carry them to his lodgings, and was to have eighteen-pence, and the man was to come and fetch them away.

PRISONER's DEFENCE.

I had been at home seven weeks, lame, and my wife laying-in at the same time; I went to seek for work, and walking all day, I called at a house; and coming home late, I lighted on a man that was coming home with the anvil, and a bar of iron; he desired me, to carry them as far as I went; I told him, I was little able to carry them; he told me, he would give me eighteen-pence, so I carried the bar, and told him, I was not going any further; I told him where I lived; he desired me, to let them abide in my apartment, for he was drove hard for his rent, and I thought it was a neighbourly action; the next day, I expected he would be at home to meet me; and when I came home, the gentleman had been there, and taken the property; my wife told me of it; she desired I would not come there, for it would be dangerous; I went to the public house, and stopped some little time, and I knew my own case, that I was innocent; I went home and set by the fire, and the officers came and took me.

GUILTY .

Whipped .

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

Reference Number: t17880402-13

265. THOMAS BAYLEY was indicted for stealing, on the 9th of March last, a leaden glue-pot, value 2 s. a pound weight of lead, value 2 d. the property of Edward Chesterman ; a glue-pot, value 2 s. the property of Thomas Hitchcock , and a glue-pot, value 2 s. the property of William Wilson .

The prisoner was taken by the patrol with the glue-pots upon him, which were deposed to.

GUILTY .

Transported for seven years .

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

Reference Number: t17880402-14

266. GEORGE BRAGG was indicted

for stealing, on the 19th day of March last, four shirts, value 20 s. the property of Stephen Scott .

(The witnesses examined separate.)

MARY SCOTT sworn.

I am wife of Stephen Scott ; he is a journeyman taylor ; I take in washing; on the 19th of March, I lost four shirts out of my yard; I put them in, to the best of my knowledge, about eight, and I missed them a little before nine, in the morning; I can only speak to the property.

NICHOLAS SMITH sworn.

I was standing in the ware-house where I work; I heard the cry of, stop thief! I saw the prisoner going with a bundle in his hand; when I began to run, the prisoner run; the prisoner was going from Scott's house; he might be about fifty yards from Scott's house; I continued to pursue him; I saw him throw away the bundle; I did not stay to pick it up, but went after the prisoner, and took him; James Fry took up the shirts.

JAMES FRY sworn.

I was attending the office, in Phoenix-street, St. Giles's, the 19th of March; hearing the cry of stop thief! Smith was the first that ran; the prisoner was rather walking; I followed Smith, and when the prisoner found he was pursued, he ran, and Smith took him; I took up the linen, I saw him throw the bundle over his shoulders.

(The shirts deposed to.)

William Piggot deposed to the same effect.

THOMAS HIGHFIELD sworn.

On the 19th of March, I saw the prisoner in custody of two young men that I know, and I followed them to the Cock, the corner of Litchfield-street, and a person that is not here, asked the prisoner, whether he had any money; he said, he had half-a-guinea, and would give it, if he could get off; he put down the half-guinea, and the man took it up, and went out and got change, and he said, it should be done for him; then the prisoner sent for his wife, and this young man said to the prisoner, if you have any thing in your pocket, ding it; the prisoner stood up, and put his back towards us, and he pulled out two shirts, I saw one of the shirts hang down, and gave them to a girl, the girl gave them to him back again; I went out to tell the gentlewoman the two shirts were found, and when I went in again, I saw them lay under the grate, and I told the young man, and he picked them up.

PRISONER's DEFENCE.

I am innocent; I ran as well as the rest, on the cry of stop thief! a man threw down the bundle, and they told me, it was me; they wanted half a guinea to let me go.

GUILTY .

Transported for seven years .

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

Reference Number: t17880402-15

267. ANN BREWER was indicted for stealing, on the 28th of March last, one linen shift, value 1 s. a dimity pocket, value 6 d. three pair of cotton stockings, value 18 d. an apron, value 6 d. the property of Ann French , spinster ; two shifts, value 4 s. the property of Susannah Goodwin .

ANN FRENCH sworn.

About three weeks ago, I missed the things mentioned in the indictment; (repeating them;) they were kept in a drawer in my apartment.

Were the drawers usually kept locked? - No; the prisoner was servant to another lodger in the house; I suspected her, and sent for a constable; some of my things were found upon her, some in a bureau in

her room, and some at a pawnbroker's; she said, she found them in her drawers.

THOMAS FENNER sworn.

I am a constable; I found some of these things upon the prisoner, and others in a bureau in her room, and two duplicates.

They were produced in Court, and deposed to by Miss French. William Coney , a pawnbroker, produced two shifts, which he said he had of the prisoner, and which were deposed to by Miss French.

Susannah Goodwin deposed to her property, and said, the prisoner was a servant to a Mrs. Rowley in the same house.

PRISONER's DEFENCE.

I am not guilty; they were put in my room.

The prisoner called three witnesses, two of whom had known her thirty years, and the other fifteen years, and who gave her a very good character.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17880402-16

268. THOMAS SALMON was indicted for stealing, on the 13th of March , ten pound weight of cardamums, value 6 l. the property of Joseph Grote , Henry Meyer , James Meyer , and Christian Paul Meyer .

JOHN HENRY STULPNER sworn.

I live with Messrs. Grote and Co. merchants ; on Thursday the 13th of March, a little after two o'clock, I went into the warehouse, and saw the prisoner standing between two heaps of cardamums that lay upon the floor; he said he was waiting for Mr. Lovat; I suspected he had been pilfering the cardamums, because it was the time our porters generally lock up the warehouse and go to dinner; I went into the counting-house, and communicated my suspicions to Mr. Elliot, one of the clerks, and he discovered him through the keyhole.

After he was discovered did you hear any thing material? - I heard a noise in the yard, and perceived the prisoner collared by Mr. Elliot; we took about ten pound of cardamums from him; his pockets could not have contained so much, but he had cut them and filled the linings and all; he begged to be forgiven.

Was he one of the porters in the house? - No, he was occasionally employed when we were very busy, he had been discharged the night before.

Mr. Garrow. How long have you known the prisoner? - It might be six months.

Had he borne a good character to that time? - Yes.

WILLIAM ELLIOT sworn.

I am clerk to Mess. Grote and Co. on the 13th of March last, the last witness informed me there was a man by the cardamums; I looked through the key-hole and saw the prisoner put his hand to his pocket, but the view was so imperfect, that whether he had any thing or not I cannot say; he went towards the yard, I went another way and met him, he said he was waiting for John Lovat , the warehouseman; I took hold of him, and desired to know what he had in his pocket; he said he had not any thing; I put my hand into one of his pockets, and found it to contain a large quantity of cardamums; he begged I would let him go and empty his pockets upon the cardamums in the warehouse, which I refused; we took him up stairs, and emptied ten pounds of cardamums out of his pockets; he said it was a very bad piece of conduct, but he hoped we would forgive him.

Mr. Garrow. What character has he borne? - A very good one.

Has he any family? - A wife and children.

JOHN LOVAT sworn.

I am warehouseman to Messrs. Grote

and Co.; I was gone to dinner; I know nothing of it.

Prisoner. I leave my defence to my Counsel.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17880402-17

269. JOHN LANGDON and THOMAS JOHNSON were indicted for feloniously stealing, on the 11th of March , a canvas bag, value 1 d. and fifty pound weight of sixpenny nails, value 20 s. the property of Thomas Porter Banner and John Colson .

BOTH NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17880402-18

270. DAVID CLARY and ELIZABETH GOMBERT were indicted for they not having the fear of God before their eyes, but being moved and seduced by the instigation of the devil, on the 24th of March last, at the parish of St. James, Westminster , unlawfully, wilfully, and maliciously did set fire to and burn the dwelling-house of him the said David Clary ; the dwelling-house of John Imray being near his dwelling, by reason whereof his dwelling-house was set on fire and burnt; and that he did set on fire and burn the said dwelling-house of him the said John Imray , in manner and form aforesaid, against the King's peace .

A second Count. For that he feloniously, wilfully, and maliciously, did set on fire and burn the dwelling-house of the said John Imray .

A third Count. For unlawfully setting fire to the said dwelling-house of the said John.

Fourth, fifth, and sixth Counts. Calling it the dwelling-house of Alex. Durham and John Imray .

The Witnesses called over and sworn, and then ordered to leave the Court to be examined separate.

Mr. Fielding, prisoners Counsel. My Lord, under the particular circumstances of this case, I rather feel myself hurt when I address you in this stage of the business; for although what I have to say may as well be stated now, yet as this is a prosecution evidently carried on by the Fire-office, against which this party has a claim if he be innocent of the present charge; it seems to me, that if you should be of opinion that the indictment is ill conceived, that it would not be wrong to quash it at present; it seems to me that these counts exhibit a misdemeanor and felony; it seems to me, therefore, that this first count in the indictment is a misdemeanor, and for a misdemeanor only. The second count is clearly for a felony; if that be the case, then it is an objection. The substantive part of the charge is, that he unlawfully, wilfully, and maliciously, did set fire to and burn the dwelling-house of himself, with an intention feloniously to burn the house of Imray.

Court. If the count stopped there; - does it stop there?

Mr. Fielding. No, my Lord, it does not, it goes on,

"by means whereof the dwelling-house of John Imray was set on fire and burnt, and that he did set on fire the dwelling house of the said John Imray ." Now the adjective there is attached to the intention, by which they come to found that this house was set on fire, and have also charged that he feloniously set on fire the house of him the said David Clary , with intent to set on fire the said dwelling-house.

Court. There is certainly a felony distinctly charged; a felony committed by the intervention of a misdemeanor.

The indictment opened by Mr. Garrow, and the case by Mr. Silvester, as follows.

Prisoner. My Lord, am I admited to speak; I certainly was in bed when the house was taken on fire.

Court to prisoner. Though you are permitted to speak, it is greatly to your own disadvantage to begin your defence before they begin your charge.

Prisoner. I hope God will do me justice this day, as an innocent man.

Court. We shall endeavour to do you justice, you may depend on that.

Mr. Silvester, Counsel for the Prosecution: My Lord and Gentlemen of the Jury; the charge against the two prisoners, is for setting fire to the house of one Imray, laid in one count; and in another, the house of Durham and Imray. Gentlemen, in this case, I will state the out-lines of it; but, as you must have seen, from the number of witnesses, it will go into great length; I will endeavour rather to state it generally, than particularly; the charge is, for setting fire to the house adjoining to his own; because, in point of law, a man cannot be found guilty of felony, who only burns his own house, whether as tenant at will, or whether as tenant for years; therefore, the charge is not, that his own house was burnt and consumed, though it was; but the charge is, that by so doing, he burnt the house of his neighbour; that makes this a felony, and triable before you as such. In cases of this nature, you know very well, from the nature of the crime being committed in the dead of night, when people are asleep, it must be proved by circumstantial evidence; in my mind, no evidence is so strong, as that which depends on circumstances; because, that evidence cannot be fabricated for the purpose; because, it cannot be false, but must arise from the transaction; it must arise from the conduct and demeanor of the person guilty, and charged with that offence: You will therefore consider in this case, the situation of the defendant, his conduct previous to the fire, his conduct at the fire, his conduct subsequent to the fire: if from his conduct, from the manner and behaviour, and from the different circumstances that arise from that conduct, manner, and behaviour, it convinces you that this fire was not an accidental fire, but was done for the purpose, you will then be to judge, whether these circumstances which will affect the prisoners, will not be sufficient to convince you, as honest men, on your oaths, that they, and they alone, were guilty of this offence. Gentlemen, the circumstances I shall lay before you are shortly these: The prisoner Clary is by trade a taylor, but sold ready-made clothes, in Little Poultney-street; the woman cohabited with the man, in the character of housekeeper; they had been in this house about a year and a half previous to the fire; the fire happened on Monday, the 24th of March last; they occupied the front shop, in which the clothes he sold were hung to view; the kitchen and other parts of the house were let out to lodgers, some unfurnished, most of them ready-furnished; during the year and half which he lived there, he had never once thought of insuring his property till January last, and in January last, he insured his property for the sum of 900 l. stating at that time, that the household goods were worth 136 l. his utensils in trade, 620 l. his wearing apparel, 50 l. plate 46 l. china and glass, 48 l. and that is the insurance he makes, amounting to the sum of 900 l. Gentlemen, it will be in evidence to you, that on the night of the fire, a lodger who laid in the kitchen, heard persons up in the parlor, and in the room where the warehouse was; they cried out, who was there? upon which, the man or the woman, answered, it was Clary; at eleven at night, the lodger called to the woman, Mrs. Gombert, and desired her to get her some beer, for she was not well, and could not sleep; it was brought at eleven; the woman heard the noise continued; and being asked, who was there? Mrs. Gombert said, the prisoner was doing some business with some men in the shop; at two o'clock, the woman heard a noise of the cracking of a wainscot, as if burning; she got up, and found in the parlor, the man

and the woman; the man dressed, with his coat, waistcoat, breeches, shoes, and stockings on; in that situation, he was standing without attempting or endeavouring to save any thing out of his house; there he stood, perfectly cool and indifferent, with his hands in his breeches, desiring the woman not to be frightened, but to put on her clothes and assist; this will be confirmed by several witnesses, they will state to you, that he was compleatly dressed: I wish to fix your attention to that; because, afterwards he said, he was then undressed, without his shoes or stockings; upon this, the lodgers in the house were alarmed; a neighbour smelling fire, put her head out of the window, and heard two people speak, and being asked, who they were? or what they were? no answer at all was made; but heard hush! hush! from one person to the other: Gentlemen, the neighbours were alarmed; the persons came there; the ware-room, in which he afterwards stated was all his property, was broke open; the window was burst; it was the only room which was on fire, at that time; but in that room, there was observed a chest, the lid of which was open, some loose boards joining that, and the wainscot was on fire, and the top of the chest consumed; another person came, and he observed him, and he was exceedingly anxious, that the fire came from below, from the kitchen, and frequently said, do not you see the flames come from the kitchen? no, says the man, I do not. Now it was impossible it could be so, for the floor on that very room in which the chest was, and in which the chest was partly burnt, that floor never was consumed; observations were made in the shop, that there was no goods at all, that even the small quantity of clothes that were in the window, and had been hanging up for sale, they were not there: it will be in evidence to you, that this man had no trade at all; it will be in evidence to you, that this man had only a few clothes hanging up in the shop, and those the same from the beginning to the end; that he had very few goods, a very short time before the fire; as to plate, it will be in evidence to you, that the very day before this fire happened, a person dined there, and there was only a pewter spoon. Gentlemen, these are minute circumstances; but there are other circumstances which are decisive; the man being applied to for his rent, could not pay it; and being applied to for his taxes, could not pay them; he being applied to for money at different times, put them off, and appointed them to be paid on the very day this fire happened; one man applied to whom he had given a note for 6 l. and he asked him for the money a few days before, and he said, he could not pay it; he told him, he would sue him; says he, then I will enter an appearance, and defend the action; after the fire, he said, to him, you and me have had some words, but I have insured my goods, and I shall pay all my creditors now; then the state of this man was a state of poverty, unable to pay his rent, unable to pay his taxes; and on his application for the money after the fire, he said the property came into the house a few days before; his conduct in the neighbourhood was not like a man that had lost 500 l. in bank notes, from the coolness and manner in which he behaved soon after the fire; when the surveyor and fire- fire-men were round the house, he then said he had lost property to a large amount, and that it was contained in a chest in the ware-room: I stated to you that the chest was on fire, and close to the wainscot; he then said he had left fifteen or sixteen guineas in that chest, together with 500 l. worth of bank notes, and that in that ware-room were his plate; they sent for a pickaxe to dig for his chest, knowing very well that the guineas could not be melted, the plate could not be melted, or if melted, there must be an appearance of its being consumed; on digging, they found the handle of the chest; upon which he said that was it; instead of it being consumed, only part of the chest was consumed;instead of finding sixteen or seventeen guineas, or any plate, or any thing else, the chest was found to contain nothing but hay-bands, and pieces of paper wet with oil, stinking with oil, clear that they had been dipped in oil, both the papers and the hay-bands; the moment the man perceived that, he endeavoured to disperse the hay-bands, but was prevented by the surveyor. It will also be in evidence to you, that that part, and that part alone was on fire, in which this chest was; just the cover of it open, the boards adjoining the wainscot, which boards were burnt, but that the floor was not consumed. On examining this man to give an account of his property, he stated it had been brought to town but the Saturday, or a short time before; and that he had in this very chest 500 l. in bank notes; when I call them bank notes, I mean Bank of England notes, for those were his words. The story was incredible. What, would a man be pestered for money by his landlord and the tax-gatherers, and he possessed of 500 l.? Being asked to describe the notes; he could not describe any one of them, the drawers or acceptors, but he could exactly describe the different amounts of the different sums; he therefore described that there were five of 50 l. that was possible; six of 10 l. ten of 5 l. each, making the sum of 50 l. Now gentlemen, you would be apt to suppose that a man might be mistaken in that, but it is given under his hand, he has signed it, and it shall be produced to you to day; that he said among these notes were ten Bank of England notes of 5 l. each. Describing his property, he said, that he had lost sixty gross of buttons, twenty gross of metal coat buttons, forty gross of metal waistcoat buttons; upon which the surveyor directed the earth to be sifted, to see if in that fact the man spoke true; and instead of finding a gross of buttons, there were only six buttons found in the dust so sifted. Gentlemen, the fire could not have consumed them; if the metal had been melted, it must have been found. Gentlemen, he then described, that he himself had brought from the Portsmouth waggon, and that it was contained in this chest, two hundred pieces of nankeen; now the chest itself could not contain it; that chest will be produced to you, and you will judge from that, that it could not contain that quantity of nankeen: in regard to the plate that he stated, that he had two dozen silver spoons, not an ounce of silver was found in any part of the dust; for as he directed the surveyor to the place, they found the chest, marked the place, and nothing of this property was found whatever. Gentlemen, if I prove these facts to your satisfaction, if I prove this man was very much in debt, if I prove he could not pay even his taxes, nor his rent, nor money to different people; if I prove, that so late as January, he makes an insurance of 500 l. and when he comes to make that claim, he makes it amount to 2000 l. where could all that property be? for previous to the fire I will prove to you, from undeniable evidence, there was no property at all but a few clothes; I will prove to you that during the fire, a lamp-lighter who got in to save it, could find nothing but a few clothes. Gentlemen, after I have stated these facts to you, and likewise that they were both at the same time seen, the woman carrying out a box, which she carried to a neighbour's; the man walking out with all the coolness and composure in the world, without alarming the neighbourhood, walking away from that street, where he was going I do not know; but he walked away, and then came back complaining of this loss: when I prove these facts, and shall prove that this combustible matter was contained in this chest, is there a man of you that can have a doubt of their guilt? and when you consider likewise that I prove them up during the greatest part of that night, and when I prove a witness was heard, after calling out on the smell of fire; the answer was hush, hush, to each other; but no answer to the person calling out. When I prove to you, that after the fire was in the house, instead of endeavouring to save theirproperty, they said to one of the neighbours, come down, we believe there is a fire in the next house adjoining; they themselves up, and dressed at the time, and perfectly cool, and that this man and woman had time enough to have got out their property; for there was above a quarter of an hour between the time of their being up and alarmed, and the time of the fire being so strong nothing could be saved: if I can prove this, there can be no doubt it is a very heavy charge to bring: it is a charge difficult to prove, and if proved, deserves the severest punishment. I do not say that, to urge or to inflame you against the prisoner; but I say if the facts are proved to your satisfaction, there is no mercy which they deserve; a crime of a blacker dye cannot come before a Court and a Jury; it involves every other offence of robbery and murder. It is the duty of the prosecutors, whenever there is an idea of a house being set on fire on purpose, to set about an enquiry; it is your province to judge whether the evidence which we produce will bring it home to your conviction; you know it must depend on circumstances, for no man alive sets fire to a house in the presence of another; for it is done in the dead of night: and therefore it must depend on the circumstances of the case; if these circumstances are proved, it will be your duty to pronounce them guilty of the charge, being for burning the house of John Imray , the door of their house, and also the floor of that house was consumed; the whole of that house was not consumed; the prisoner's house was wholly consumed: my Lord will tell you that if any part of it is burned and consumed, that is sufficient for the support of this indictment.

Court. The third and the sixth counts in your indictment are bad.

Prisoner. My Lord, I only wanted to speak one word; that I desired when I insured my house, one of the clerks who took the insurance money, to come and inspect into the property; he said, it was not customary.

Court. It will be better to reserve the whole of your defence, till after the evidence for the Crown is given; because, by entering into any part of your defence now, you give them an opportunity of applying their evidence to your answer.

Mr. Fielding. It will behove you to attend to what the witnesses say in the course of this trial; it is not permitted me to address the Jury: My Lord will hear any thing you have to say in your own defence.

SARAH BISHOP sworn.

Examined by Mr. Garrow.

I am wife of Thomas Bishop .

Where did you lodge at the time this fire happened? - At No. 1, in Little Pultney-street, in the kitchen of Clary's house.

What day did this fire happen? - It began in the night of Sunday, the 23d of March, after two on Monday morning; I returned home near ten on Sunday night; I do not know that the clock had gone ten; I went to bed, I suppose, in a quarter of an hour after; my husband, I suppose was in bed half an hour before me.

Did any thing particular happen? - I heard a noise up stairs; when I came in, I did not see any body.

I believe the prisoners occupied the whole of the shop and parlor of the ground floor? - There were other lodgers; there was a shop, a little ware-room, a parlor, and a little bed-room; when I came in, I did not find any body was in the house, except myself and my husband; and when I went down stairs, after I had been down stairs ten minutes, I heard a noise, and I called, who is there? I heard no answer, it was a noise, like somebody opening a door; I called again, and Mr. Clary said, it is me; I said, then it is very well; that was about ten; I heard him in the shop; the next thing, I went to bed, and I was very restless; I had not slept for two or three nights; I said to my husband, I wish I

had something to make me sleep; he said, it is too late; I heard somebody come out of the back yard, I thought it was Mrs. Gombert; says Clary, no, it is me; says I, I should be very glad if Mrs. Gombert would order me a pint of beer; he said, she was gone out for her beer, and should order me a pint of beer when she came in; she brought me her pint of beer; I asked her to set it on the fire, and she said, that Mr. Clary, and the man at the Black Lion were in the parlor, about particular business; I did not ask it, for I thought in the manner she spoke, she would have wished to come down a little, and our being in bed, it was not so convenient; upon that she left my room, I got out of bed after she went, and I took my pint of beer into bed, and I drank it; the next think I believe I went to sleep; a little after two I was disturbed with the smell of something that appeared to me like a candle, that had been set under a painted board with oil.

Was it a strong or faint smell? - A smell of oil, very strong and powerful; it appeared to me as if somebody had left a candle on the stairs; I sat up, and I thought to myself, this is not the smell of a candle; I got out of bed, and I went to the kitchen door, which is not close at top by about two inches; I opened the door, and sulphur and smoak came in so powerful, it suffocated me almost, and the cracking of the wainscot, cracked like a piece of deal on the fire, a cracking of wood; upon this I turned on the stairs, and my husband was in sleep; I shook him and said, pray awake; he got up, he was going up stairs, and I had a box at the foot of the bed, which all I could lay hold on I put in; he took up the box into the entry, and I returned back to the bed, and I took the bed-clothes in my arms, and went after him; my husband nor I had not a rag on; I laid down the bedclothes in Mr. Clary's room, the parlour is even with the bed-room, that is the front-room; the shop and parlour is in front, the passage is between the shop and the parlour; Mr. Clary stood with his hands on his hips, and in his pockets, he had a white night cap on, and his breeches, I believe, because I think he had his hands in his pockets; I am sure he had his breeches on, I did not take notice of any thing else; he was standing on the floor.

Before you went up, had there been any alarm given by any body of fire? - Not a word, I did not hear any thing stirring, I made no alarm at all.

Was there any light in Clary's room when you came up? - Yes, there was a candle lighted, and candlestick stood upon the dresser; there is a dresser with drawers in this parlour, which used to stand in the kitchen; Mrs. Gombert was standing between the bed room and the parlour; there is no passage between these two rooms only a partition; Mr. Clary said, Mrs. Gombert put on your clothes, do not alarm yourself; I know she had a petticoat on; then I says to her, Mrs. Gombert give me your light; says she, I cannot spare it; she had a candlestick in her hand, and I took the candle out, and went down stairs instantly; I said there was fire, but I believed it was at the grocer's, the corner; I did not think of a fire happening in a shop, where there was no fire-place, nor nobody worked in it.

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

Reference Number: t17880402-18

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 2d of APRIL, 1788, and the following Days;

Being the FOURTH 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 IV. PART II.

LONDON:

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

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 David Clary and Elizabeth Gombert.

Mr. Garrow to Sarah Bishop. Was there in fact any fire-place in the ware-room as he called it? - I never was in it.

Was there a fire kept in it? - No, Sir, there was not.

Was there a fire in the shop? - No, Sir, there was no fire-place in the shop; I never was in the ware-room, I went down and brought up my shoes, and what I could lay hold of, and I went down no more.

At that time were either of the prisoners attempting to save any of their property? - No, Sir, I expected when I came up Mr. Clary would go into his work-shop, I begged somebody to open the door, the street door was not open then; Mr. Clary never attempted it, he stood in the parlour; when I came up again, Mrs. Gombert opened the street-door as fast as she could; when the door was open, I shoved out the boxes into the street, and my husband took them over to the milk cellar, but I stood at the door, and put on my things; I went no more to the place, I continued at the milk cellar in view of the house; I believe in ten minutes or a quarter of an hour the flame broke out.

Could you observe in what part of the house the flames first broke out? - They came out of the shop window; the man broke the shutters in.

That house was entirely consumed? - I believe it was, except the kitchen.

Are you quite sure, whether the flames or the fire, came at all from the kitchen floor? - They certainly did not.

How long had you lived in the house with these people? - I went some time in January; I was in the second floor about seven weeks; I was away a little while.

Have you had opportunities of seeing the shop of Clary? - Yes.

What business did he carry on? - A taylor.

Did he work there at all? - I once saw him at work.

He sold ready-made clothes, I understand? - I do not know that he sold any; he kept them in the window.

His stock consisted of a few clothes hanging in the window? - I have seen a coat laying in the window; I could not go in or come out, without having a command of the shop, because it was open; it shuts up with moving shutters at night, which were taken down in the day.

What do you mean by a few clothes? - Two or three waistcoats, or there might be ten or a dozen; I do not think they did exceed that.

What number of coats? - I cannot say I ever took notice of any coats; I have taken notice of the waistcoats, because there were some linen ones.

Court. Did you see goods in any other part of the shop? - I cannot say I did; I saw no shelves or drawers.

Mr. Garrow. Was there the appearance of a mercer's or draper's shop, or any thing in a large way? - No, Sir.

Court. Was the shop fitted up with drawers or shelves? - I do not know; the window came intirely round; it was the corner next to Wardour-street, where the partition was down; there was nothing standing besides the window; the partition between the shop and a little ware-room, to which there was a door, and a counter on that side of the shop next the passage.

Did you conceive the prisoner to be a man of large property? - Not at all.

Have you ever drank tea with them, or dined? - I drank tea with them twice; nobody drank tea with them but me and the housekeeper.

Their stock of plate was very small; I believe there was one tea-spoon? - I cannot say, whether there was or not; I never saw any plate but one tea-spoon, and I do not know whether that was silver or metal.

Upon the whole, you say, they did not appear to you to be persons of any property? - No, Sir.

Mr. Fielding. Mrs. Bishop, what business is your husband? - An upholsterer.

Had you been spending that day together? - No, Sir; we were engaged to go to St. James's-place to dine; I dined out, and he dined with Clary that day.

He had come home in fact before you? - Yes, he was sitting on the stairs.

Nobody at that time at home? - Nobody.

What other lodgers may there be in this house? - One in the dining-room next the grocer's, Mrs. Harcourt, nobody but her; and there was another in one of the other rooms, on the first floor; there were four in the house altogether, me and my husband, and the two lodgers on the first floor.

Had you had your fire in the kitchen all day? - There was a little fire when I went home, I stirred it up, and that fire I left when I went to bed.

When you thought you heard a noise, you asked, who was there? and Clary immediately answered; you knew his voice, and he told you, Mrs. Gombert should bring you some beer, which she did? - Yes.

Had she left any candle up stairs when she came down to you? - I do not know; I waked about twenty minutes, or half an hour after two.

You went up stairs, and observed, that Clary had said to Mrs. Gombert, do not be alarmed, put on your clothes; you saw Mrs. Gombert, she was alarmed, and stood by the bed-room door? - Yes.

Court. She appeared to be alarmed, did she? - Yes.

Afterwards when you wanted to open the street door; she opened it, did she? - Yes.

When the smoke had oppressed you below, and you thought there was fire at the grocer's, you saw nothing but smoke, I take it for granted in the house, and you communicated this idea to Mr. Clary, that you thought it was at the grocer's? - Yes, I did.

Court. You said so? - Yes, I said,

it is not here, it is at the grocer's; somebody came to the house door while we were taking the things out, and asked where the fire was? I said, I do not think it is here, it is at the grocer's.

Therefore, at that time, there was no appearance of flames in the house? - No, Sir, not then, nor I did not know the fire was there, till I saw the flames break out of that house.

You have said, you never was in the ware-room? - No, never, nor in the shop, any further than I have seen it by passing.

At that time you had seen these goods hanging up in the window, that are common in that sort of shop? - Yes, and they have been so ever since I have been in that house.

Those that were exposed at the windows, were the signals of that sort of shop? - Yes.

What were in the ware-room you could not tell? - No.

This man, Mr. Clary, is out of town sometimes? - I do not know, Sir; he went to Portsmouth just before this accident happened; he returned on the Tuesday.

Court. How long had he been out of town? - About a week; the housekeeper, Mrs. Gombert, told me, he had brought property with him from Portsmouth; she said, he had brought a chest of great property.

Court. We cannot receive that as evidence, you must prove the fact otherwise.

Mr. Silvester. You said, the window was broke open? - Yes; the men broke it open on the outside next the grocer's.

Mr. Fielding. Do you recollect in what manner he was dressed? - He had his breeches on, and I believe his hands were in his breeches.

Had he any coat on? - No, he had not.

THOMAS BISHOP sworn.

I am husband of the last witness; I was awaked by my wife with the alarm of fire, on Sunday, the 23d of last month, which was Easter day; after my wife was gone out, Mrs. Gombert came and called me to dine with Mr. Clary, which I did, then I went out.

Was there any plate at table that day? - No, Sir; there was one spoon, which was a pewter, or metal one, I cannot say which; there was no silver spoon at all. When my wife awaked me, she said, Bishop! Bishop! my dear Bishop! do not be alarmed, I am afraid there is a fire somewhere near us; with that, I jumped out of bed, and went to the kitchen door, and I heard the cracking of deal, like as if one put a piece of deal under a pot; I was going to run up stairs naked as I was, but she desired me to take a box up with me; I went up stairs, and met Mr. Clary in the passage with his white night-cap on, breeches, stockings and shoes.

Court. You are sure he had the shoes and stockings on? - Yes.

Did you observe whether his shoes were buckled, or his stockings were gartered? - I cannot say.

Did you observe one way or the other? - I did not; but that Clary wanted to go by me, to open the back door, which is the yard door; I cried out, Clary, for God's sake do not open the door! for God's sake do not open the door.

Why did you beg him not? - Because as soon as the air came in, I knew very well the flames would have a greater power, that was my reason; with that he made me answer, oh, it will let the smoke out; I then carried the box, and chucked it in the passage, and went to the foot of the stairs, and called, Mrs. Horford! Mrs. Horford! for God's sake come down, you will be burnt in your bed! she lodged in the one pair of stairs room; then I ran down in the kitchen, and took a small box, and brought up, and as I came up, I saw a light over the door of that little ware-room at the bottom of the stairs; I came up directly, not half a second; that was the first I saw of the fire; I mean the wainscot that parted the stairs and this little room; I took the box to the milk-seller's opposite, and I brought over the

candle and candlestick, and when I was on the stairs, Clary came to me; I says, give me a light; he says, G - d d - n me, what do you want with a light? give me the light; then I went down and brought up a wooden clock, but the smoke was so great I had no power to stay on the stairs; I took the clock over the way, but I could not return any more; then I saw the flames break out.

Did Clary attempt to save any of his property? - Not at all, nor ever attempted to open his shop shutters to save any of his property, but went out of the house. I went to live there some time in January.

Had you opportunity during the time you lodged there, to observe what property he had in his shop? - Yes; whatever I saw in his shop was a few waistcoats, and a few breeches, but of very little value; I have often said to my wife, I wonder how Mr. Clary lives in this manner.

Was you ever in this little room, called the ware-room? - No, they were the same clothes that were there the first time I lodged there, and the second time I came back again, which was five weeks afterwards; I never saw any thing different to what I saw before.

Did you ever see any plate in the house? - I saw three silver tea-spoons, which is all the silver I ever saw in the house.

Did you ever see any table-spoons at all? - I never saw one.

Mr. Fielding. When was it that the officers of the Insurance-company applied to you to give evidence? - On the Tuesday following.

Where did they find you? - At the milk-cellar, the opposite side of the way.

Who was it applied to you particularly? - It was one of the firemen of the Sun-fire-office, that desired me to come to the White Swan to the gentlemen, and me and my wife went there as soon as we could; we got there about six; we were kept there for about an hour and an half, or two hours.

How many did you see when you were there, a board of them met? - No, only three or four gentlemen; I do not recollect Mr. Gubbins there.

How many times have you been with them since? - Never since, not till I went to Bow-street.

Have you been with any attorney that has taken your evidence? - No Sir, none at all.

Your wife waked first, and alarmed you? - Yes.

You have heard what your wife said through all that transaction? - Yes.

Did you hear her say that she thought the fire was at the grocer's? - We both imagined the fire was there; and the first time we came out of the kitchen, neither of us had any apprehension it was in the house; when I saw the light through the wainscot, then I knew it was in the house, and not till then.

Why did not you go to the spot? - Because the place was shut up; I went into the kitchen again, after I had seen the light.

Did you see any-body at the milk-cellar where you had left your box? - I saw Mr. and Mrs. Horford there, naked, at the milk-cellar dressing themselves; they had come down in consequence of my alarm; I do not recollect I saw any body else; the nurse was in the street; the woman had laid in a few days.

Did you at all attempt to make any alarm when you got out of the door? - Yes; I called out, fire! fire! when I went out with the box.

Did you communicate to Mr. and Mrs. Horford, your suspicions that the fire was in Clary's house? - No, not then, I did not.

Why not? - Because I wanted to save my own property; I could not go to the spot where the fire was.

Did Clary attempt to break open the place? - No Sir, he did not.

Did you attempt? - No.

Did you ask him to break it open? - No, I did not.

Did you communicate after this to any body before the flames broke out of the

house, that you supposed this fire was in that ware-room? - No Sir, I did not.

Not a word about it? - No, never did any act whatever in order to discover, whether that was the place where the fire first began; the first time we had no apprehension that it was in the house; we thought it was at the grocer's.

You told me at first you heard a cracking? - Yes, I did.

How came it you should so easily give into the belief that the fire was at the grocer's? - Because I had no suspicion that the fire was in the house, till I saw the light.

Did you communicate to any body, either to these two people that came out of the house, or to your wife, or to Clary, or to Mrs. Gombert, any suspicion that the fire was in that room? - No, I did not.

Mr. Silvester. Was there any fire in that room? - I never was in that room.

Any fire-place in the shop? - I never saw one.

Court. Had you the whole kitchen floor? - I slept in the kitchen, and there was a cellar on the other side; our kitchen was under the parlor and this little room, part of it was at the foot of the kitchen stairs, and run in at the back of the grocer's; the most part of the cellar was under this little room; but the upper part, a small part of the little room, was over the kitchen on one side of the shop, and the little room on the other side of the front and back parlour; the passage and the stair-case go the whole depth of the house.

The passage leads to the yard? - A part of the passage goes to the back door; the stair-case is on one side facing the parlor; on the right hand side of the passage, is the shop, the ware-room, and the staircase; the passage goes strait on to the back door, and runs between the stair-case and the back parlor, the cellar runs under; the cellar was locked up, Mrs. Gombert had the key; I did not go into the cellar at all; I could not go in, because it was locked up; there was nothing but the coal-cellar under that; no place that had any fireplace.

Did you hear any body in that cellar after your wife came home that night? - No Sir, there was nobody in the cellar where the coals is.

Mr. Fielding. Did you lose any thing? - No, Sir; because the firemen got the grate up, and went down, I suppose, breast high in water; we lost nothing but one pair of shoes.

Court. When you saw the light through the wainscot next the stairs, that was when you came up the second time? - Yes.

When Clary wanted to open the yard door, was that when you came up the first time, or when you came up the second? - When I came up the first time.

Why did you hinder him from opening the yard-door? - Because I knew the consequence of it, that it would make the flames burn more briskly.

True, but at that time you thought the fire was not in the house, but at the grocer's? - At that part of the grocer's which comes to the back of our house; I was not willing that any air should come in; I had not at that time any suspicion it was in our house.

JOHN HORFORD sworn.

(Examined by Mr. Leach.)

I was a lodger in Clary's house on the 24th of March last, in the first floor over the shop, my wife is so ill she cannot come, she lays in; my bedchamber is directly over the ware-room, I have lodged there between three and four months; on the 24th of March, between two and three, I was alarmed by fire and smoke, my wife awaked me, and said there was a great smoke in the room; I then jumped out of bed instantly, having some property in my breeches, I immediately applied to them, when there was a very small rat-tat at the door, so small that if I had been in bed I could not have heard it; then the woman said, for God's sake Mr. Horford take care

of your wife, for I believe there is a fire in the next house; in consequence of that I opened the door immediately, and the smoke poured in excessively; I desired my wife to make all the haste she could down stairs, which she did half dressed, and went across the street without her shoes; I saved almost all my property, they were ready furnished lodgings, the furniture belonged to Clary; it was Mrs. Gombert that came up stairs and said, she believed there was a fire at the next house; I went into the milk-cellars, and immediately returned into the room again, and took out another trunk; in attempting to go back the third time, the smoke was so excessive, I could not go back again; when I came down I saw Clary in the street, he said, Mr. Horford, I am undone for ever, I have lost five hundred pounds in banknotes.

You are sure he said bank-notes? - Yes.

What more did he say? - He then parted from me, and ran up Brewer-street.

Did you observe how he was dressed? - He had a coat which I took to be a green coat, or something of that colour; he had a night-cap on, and shoes and stockings, and breeches; I cannot say to the waistcoat; I perceived his buckles to be on the wrong side, I remarked that particularly, as if put on in a hurry, I took it so after he had parted from me, and ran up Brewer-street; the next time I saw him, he came round again by the other end of Little Pultney-street, then I saw him, and all that time I saw nothing but a continual smoke pouring out from all the shutters of the shop; the cry was, why do not you knock down the shop windows? the fire must be there; instantly there was a crow brought, and the window was knocked down; I saw a person jump in, and knock or break down this closet door, where there was a body of fire came out immediately; then Clary come to me and says, now Mr. Horford, do not you see the flame coming up the kitchen stairs? yes, I said, I see a great body of smoke come up, but I do not see any flame; he repeated that two or three times; I did not in fact see the flame come up from the kitchen stairs, but from the place where the window was knocked down; I saw nothing from the kitchen stairs, but a great body of smoke pouring from the closet.

Did you observe the floor afterwards? - I saw a box taken out, and a person called me, and said, see, do you see this box full of hay and papers; that box seemed to me to have been in the closet.

Court. That was from the ruins after the fire was over? - After the fire was over.

That seemed to be where the little room was? - Yes, this was a closet in the shop, and the closet stands about the center of the shop; it was a kind of closet or cupboard in the wall of the house.

Court. The shop in the day time is open to the passage? - Yes, the passage parts the shop and the parlour.

Therefore in the day-time the passage makes a part of the shop? - Yes, it is shut with shutters at night.

This ware-room, or closet as you call it, is in the back part of the shop, next to the staircase? - Just so.

Then it goes from the staircase towards Mr. Imray's house? - The wall parts Mr. Imray's house and the closet, where the box stood; I look upon it that the closet fixes to the wall, the closet is more under the stairs; I look upon it the stairs went partly over this closet.

By the little room and the closet, do you mean the same thing? - Yes, I mean that the closet was in this little room, I saw into some part of the shop, but I did not perceive any property; the smoke was very thick, that might hinder me from seeing it, if there was any.

Had he time to remove any of his goods from the time you was first alarmed? - It was about a quarter of an hour after I was alarmed till I got my things out, and I did not see him attempt to go into the shop, or remove any thing at all; I saw him in the street.

Mr. Fielding. He was considerably agitated during all the time you saw him, I take it for granted? - I did not pay attention.

The first alarm you had, was by the tapping at the door by Mrs. Gombert? - As I was putting on my breeches, there was a tap at the door from Mrs. Gombert.

When you came out and followed your wife, and she had got out, you still suspected the fire was in the next house? - I could not pretend to say where it was, I had no suspicion either way, I was very much agitated myself; I brought down one trunk, and she brought down another, I then returned and took another.

Was any alarm immediately given in order to give immediate assistance? - I did not hear much alarm given, my attention was taken up in saving my little property, knowing I was not insured.

SARAH KINSLOW sworn.

I lodged at the house of Mr. Clary; the night of the fire I was at the Green Man in the Coal-yard, I was not there that night, I had a room on the first floor over the back parlour and the fore parlour; I know the shop perfectly well, and the ware-room.

Describe what sort of a place the ware-room was? - The ware-room was a small place, and when you went into the shop, and opened a little door on the left-hand, there was a few shelves round; the first time I went in there I saw nothing but a few clothes in the ware-room, it was a little room partitioned off from the shop, at the back part of the shop, partly under the stairs; it was partitioned off next to the wall that parted Imray's house.

Was there any fire-place? - None that I saw.

No fire-place in it? - No, it was a small place, about four feet wide, and nearly square; not above four or five feet square, not clear of the stairs, it went under the stairs, which added something to the slant of it.

When was you in it last before the fire? - I had not been in it for a month before the fire; the shelves were quite empty, I did not see any chest in it, it was not in it then, I lived there a quarter and a half at Lady-day; there used to be an old chest stand under the shop-window, in which they used to put the clothes in on Saturday night, and put them out of a Monday morning.

Have you seen the chest that was found? - I have not.

During the time you was in the house, did you observe much goods of Mr. Clary's in the house? - None at all of any quantity, but what were hanging in the window.

Were there any shelves in the shop? - None at all; I oftentimes have heard people call for Mr. Clary, and enquire for him; I heard the officers of the parish come with their books for rates, and I heard Mrs. Gombert deny him, he was in the back-parlour.

Mr. Fielding. Did he hear himself denied? - He must hear himself denied; I heard her go in and talk to him afterwards, that was a fortnight or three weeks before the fire; I have often heard people come for money; I never heard or saw they had got any.

You lodged in the house, did they apply to you for any thing? - Yes, the week before he went into the country, I was going out, and he told me he wanted to speak to me, and he asked me if it was convenient to my husband to pay the quarter's rent; he said he was going to Portsmouth, and he wanted the money very much, and he could not go till such time as he had gathered his money together; I told him it was not convenient, but on the Saturday night, or on the Monday morning we would pay him, he asked me on the Thursday or Friday, on the Monday I believe we did pay him.

Court. How much was your quarter's rent? - Two guineas.

Did he tell you at that time what he was going to Portsmouth for? - He did not.

Mr. Silvester. Did you ever observe any plate in his house? - Never in my life.

Did you ever observe him change the apparel? - I never saw him have on but two coats during the time I was there.

Had he much business there? - I never saw any thing sold in the house during the time I was there.

Was any pieces of cloth, or silk, or any thing of that kind? - I never saw a piece of cloth, or half a piece, or any thing of the kind; I never saw a piece of silk; I saw a piece of Florentine that he had to cut out for breeches, about six weeks before; I never saw any nankeens.

Mr. Fielding. Those things that were in the window were common things? - They were for sale? - I have often been in his apartment; I never eat nor drank with them to my knowledge.

You had very little opportunity of knowing whether they had much stock or not? - All the boxes they had was very few.

Did you go into their parlour frequently or their bed-room? - I have been in the bed-room many times.

SAMUEL SUDDENWOOD sworn.

(Examined by Mr. Garrow.)

I live opposite Mr. Clary's house; my chamber window has a compleat view of his house.

What time did you go to bed on that Sunday evening? - About half after eleven; I observed nothing then.

What was the first thing that happened afterwards? - About two o'clock my shop dog roused me, and I smelt fire, I threw up my chamber window, the front window directly facing his house; I saw immediately smoke at the corner of Clary's house come out at the shop windows; the windows were shut at that time; I stood at the window for some time, and in the space of about two or three minutes, I saw Mrs. Gombert come out of Clary's house.

Did you know her before? - I did; she came out with a box.

What sort of size box was it? - It might be about three feet in length, and two in width, it was a black box, she had it in her hand, turned herself round, and pulled the door after her; I then immediately called my wife to bring down the children, and I immediately missed Mrs. Gombert.

Is the street very narrow? - Not very narrow; then I returned to the same situation, and in a small space of time I saw Clary go out and pull the door after him; whether it was shut or no I cannot say; he then turned, and walked up towards Wardour-street.

Did he make any alarm of fire? - None at all.

Before this time you had observed smoke coming out of the window? - Yes.

How was he dressed at that time? - I cannot say positively, he had clothes on; I then stood expecting to see the flames come out of the one pair of stairs window; I have known the two prisoners a year and a half, I am very clear these are the two people that came out, there is a lamp at the corner, and about twenty-four feet off another, it was a very clear night; after he was gone from the door, I went down and took my rattle, I always keep one in my bed-room; I begun rattling, the watchman came and assisted me; that got a number of people together; I said my lads, I wish you would get something, and break those shutters; somebody answered me, we dare not; I will indemnify you, says I, be the consequence what it will; in about a minute or two, somebody says, here goes, Suddenwood; and immediately they smashed away, and out came the flames.

Was that on the shop side, or on the parlour side? - The shop side, next Mr. Imray's the grocer's; I did not stay at my window long, I made my wife get my writings ready, and I went out of my back-door, and I took them to my friend; when they broke the windows, I opened my other window; I had then a direct view into the shop, I could see nothing at all, no goods at all; I returned back, and observed the flames rather abating, and I contented myself.

The fire afterwards consumed Imray's house? - Yes; the supervisor of the office

came over to me, and I followed him, he was poking about with a stick.

Court. How long after the fire was that? - It was about three days after the fire; he said he was looking after a large quantity of buttons; in looking after those buttons we found a steel knee-buckle, and we found a vast quantity of linen rags oiled, and oiled paper; they appeared to me as if they had been dipped in oil; we found the handle of a chest and some wood, Clary was not there, only the surveyor and us.

Whereabouts was it found? - Mr. Gubbins, the surveyor, picked them out at different places, some were found under the floor, where there were joists; I did not notice any one particular spot, he was then only hunting for these buttons; he did not go over on purpose for these things.

Court. Did you observe any thing particular about the spot where the handle of the chest was found? - The handle of this chest that I have in my possession, was found at the back part of the shop.

Was there any rags found there? - There was, they were picked up, and some more was found in different places.

Court. Was there any in the place where the handle of the chest was found? - There were; I had the things in my possession, they were carried to Bow-street.

Have you had an opportunity of seeing how this man's shop was stocked? - I had.

What quantity of goods might he have in it? - Now and then a coat and waistcoat; it appeared to be a very small stock.

Mr. Fielding. When this man had followed your directions, and began breaking open these shutters, that was within a very short time from your first observation of this? - Yes.

How long do you think this might have been altogether, from your first opening your window, to the time of the shutters being broke down? - It might be a quarter of an hour.

Where did you suspect there was any fire at the time you first opened your window and saw the smoke? - I saw it come out of the shop window.

But did you suspect where it was when you first saw the smoke? - I knew the spot immediately, I saw the smoke come out from Clary's house, and suspected it was there.

When you saw Clary going away, why did not you speak to him? - I did not, I do not know my reasons; I should have suspected he would have come over and have given me an alarm.

In fact you did not speak to him? - I did not.

For what reason? - I do not know what reason I could have.

Mr. Garrow. You was frightened at the alarm of fire? - I was.

Mr. Fielding. At that distance over the way, you was frightened? - I was.

Court. Do you know Bishop and his wife? - I know them by sight.

Can you tell me for a certainty, whether the people that you first saw come out of Clary's house, was not Mrs. Bishop and her husband, instead of the two prisoners? - I saw very clear the parties that came out.

Was the door of Clary's house open when you first looked out of your window? - No, it was not open when Mrs. Gombert came out.

FRANCES SYDER sworn.

I am wife of Joseph Syder , I lodged at No. 2, next door to the prisoners.

Did you observe any thing on the morning of this fire? - I was up washing, and I smelt fire between two and three; I heard one or two voices speaking in Clary's yard, I opened my windows, and saw the smoke come gradually in; I clapped my hands together, and said, for God's sake tell me where the fire is? I repeated it over again; then I heard the voice say, hush! hush!

In a loud or low tone?

Court. Do it in the manner in which it appeared to be done? - (Speaks low.) Then I

went and awoke my husband; he got up and said, can you see it? no, says I; put your head out of the window, and you will smell it; he did so, and he repeated the same that I did, and I heard the same voice of, hush! hush! again.

How long was that after? - Not three minutes; I told him to go down and alarm all the house; he went into the street.

At that time there had not been a general alarm? - Not that I could hear.

Were you acquainted with these people at all? - No.

Mr. Fielding. And as soon as he got down, it was perceived the house was on fire? - Yes; after he had been in the street, and observed where it was, he came up and fetched my two children down, and he said, make haste! the fire is at the next door!

There was a second hush! hush! you say? - Yes.

You do not know who these people are? - No.

You was considerably alarmed when you opened the window? - Yes.

JOSEPH SDYER sworn.

I live at No. 2, Little Poultney-street.

After your wife called you, what did you observe? - I opened the window, and called out, where is the fire? the window that I opened was over Clary's yard, and I could hear no answer, but from two voices in Clary's yard, which called, hush! hush! I called out again, and said, if they would not tell me where it was, I would find it out; I went into the street, and called, fire! then there was plenty of smoke coming out of Mr. Clary's house, through the shutters, and where it could make its way, there was no flame then, but Mr. Barwell (my landlord) came with a crow, and broke open the shop in about five minutes; then the flames came out; I looked into the shop, and there was no goods there; I never was inside the shop; all that I saw, was, a few things hang up in the window; I saw two women in the passage; one had a band-box in her hand; I was not in the house at all.

Mr. Fielding. You put on your clothes as hastily as you could after this alarm, and got Mr. Barwell, who was as active as you; in about five minutes he broke open these shutters? - Thereabouts; I perceived the flames soon after, from the breaking open of the shutters; I did not perceive any goods; I expected to see the goods, when I saw the place broke open.

Why so? - Because I did; because as they used to be there, I thought they would be there then.

What put it into your head that it should be material to speak about his having property or not? - It is the truth.

Where have you been since that time? - I have been to work.

When was it that they first thought you a necessary witness in this place, to apply to you? - Two gentlemen belonging to the Sun fire-office.

How did they find you out? - By enquiring where I lived, and where I worked.

Have they given you any thing for this loss of your time? - Nothing at all of any money; only victuals and drink perhaps.

Only what? - A little refreshment was needful.

How many times may that little refreshment be needful to you? - Twice.

Why you have been twice at the magistrate's, have not you? - Yes.

GEORGE LACKINGTON sworn.

I am a milkman opposite to Clary's; on the night of the fire, I was in bed, and alarmed; I got up and went into the street, and saw the smoke coming through the shutters; I was by Barwell when he broke open the shutters; two or three people came over from the house; there was some man who appeared to me to be a lamp-lighter went into the shop and opened the little room door, I did not see any

thing at all in the little room; there I saw a box it seemed to be half way open; there was a loose board stood at the end of it, that was on fire; the box and all round it was on fire, I saw no other part on fire then.

Could you by the light of this fire observe, whether there were any goods in this closet? - I could see very plain that there was nothing more than this box, nor any thing in the shop but some patterns. On the same day, between eleven and twelve in the forenoon, I was on the ruins, and a box was dug out of the same place where I had seen it on fire, and in this box was hay-bands and rolls of paper steeped in oil, or oil had been thrown over it, or something of that kind; Clary who was there, began to take some of the papers up, and break, and throw among the ruins, till he was stopped by the surveyor, or some of his officers; it was very close, and rolled together with the oil, and he began tearing it in pieces, and throwing it about the ruins.

Mr. Fielding. Two or three people out of Clary's house, had been over at your house before you went and saw the shutter broke? - Yes, not half a minute before; I was in the street directly as they got in the street; I went round to the shutters, and immediately the lamp-lighter went into the shop.

Then why did not the lamp-lighter get this box out, that was the only thing that was on fire? - He could not, it was on fire all round; the warehouse and all round was on fire; there was no fire on the right hand side of the room.

Was all the left hand side on fire? - Yes, and no fire on the right hand.

When you saw this, they had been raking among this rubbish, among the ruins? - I do not know; I was not there; I was there some time before the box was discovered.

Did you perceive the surveyor, or any of the firemen raking in the rubbish? - Yes; they were asking one another where the fire began, and they told them, and they went and raked there; when Clary saw the box, he said, all his property lay in that box, 500 l. in bank notes.

What did he say? - 500 l. worth of bank notes.

Did he talk of any cash? - Yes, there was some cash, he said.

He owned the box? - Yes.

Now when he took up these papers, as you call them; what he did, was seen by you and all the people standing by? - Yes.

He did that publicly, there was no concealment? - There was me, and three or four more that saw him.

GEORGE BERKS sworn.

I am a lamp-lighter; on the morning of this fire, I was at St. Ann's watch-house, about half past two, there was an alarm of fire; I went to Clary's house; I was there a few minutes; the shutters were broke of the shop window; upon that, I jumped in with intent to save the things, if I could; the shop was empty entirely, excepting a few patterns that are on the window, of cloth; I then saw the smoke come through a little door in the shop on the right hand side; I opened that little door, and the smoke came out very brisk; I was obliged to return back out of the shop window again; I came to the shop window again.

Did you see into this little room at all? - I could not see for the smoke; I was the person that was nearest to it, and I opened the door, and I could not see any thing that was in the room, nor whereabout the fire began.

Court. If I understand you right, when you opened the door of this room, the fire came out so briskly that it threw you back, and you could see nothing in it? - Yes.

You went out of the shop window immediately? - Yes; I came back in two or three minutes after, and the shop was then all in flames.

JAMES BROUGHTON sworn.

I am a fireman belonging to the Sun-fire-office; I attended at the fire; after the fire was over, Clary came on the ruins, either before twelve, or after.

Was the whole house consumed? - No, it was not; the ground floor was pretty perfect in many places, so that I suppose, twenty people could stand on the ruins: when I went on the ground floor, I observed Mr. Clary coming in at the door; I asked him his business; (not knowing that he was the sufferer;) I was immediately answered, that he was the sufferer; I asked him, if he could recollect where any of his property lay; he pointed, just opposite to where he stood, that there was a chest, which contained fifteen or sixteen guineas; I told him, as the ground floor was good, there was an opportunity of recovering that money again; and I dare say it was not entirely lost; I cannot say he seemed to embrace the opportunity, as I should have supposed a person would have done that had money, and knowing that it must be totally lost to him, because money is uninsured; I told him, I would go and get a shovel; I could not get the shovel; on my return, I found Clary in the same place; I brought a pole-axe, and began to rake over the ruins where he represented the chest stood, and the first thing I found, was, a lock, that appeared to be the inside lock of a box; when I picked up this lock, I asked him, if he could recollect, whether that was the lock of his chest? he said, he was not certain, whether it was or no: some persons, but who I cannot say, answered, if he had the key, it would prove whether it was his lock, or not; he answered, that the key belonging to the chest, was hanging up along with the rest of the keys in the shop; I think, to the best of my knowledge, he said, on a nail inside his shop, as you enter in; I said, if so be he hung up the key where his ready money was, he might as well lock the door, and hang the key outside; I began to rake about immediately in the ruins where he represented his chest to be; I believe at that time, Mr. Gubbins, the surveyor, came in; I think, he asked me, what I was doing; I told him that was Mr. Clary, and what I was doing; he desired me to proceed; in searching a little further, I picked up the handle of a chest, and with the end of the chest with it, a part of the end of the chest; I asked him, if he could recollect, whether that was the chest, and he said, he believed it was; I think Mr. Gubbins asked him, whether he could be sure of it; I think, he said, yes, it was, he knew it by the handle; upon examining further, I came to the top of the chest, which was quite burnt off; none of the top was to be found; I did not see any; raking for the rubbish, I found a part of a chest, which Mr. Clary informed me his property was in; the bottom was perfect, and in that chest there were papers; I cannot say I had any reason to be suspicious of him at first; the first thing I observed, was a bundle, it was taken off, which I first took to be buckram, but on looking at it, it appeared to be paper, intermixed with paper and stinking oil; it appeared to be lamp oil, and the oil had changed the colour yellow; there was a quantity of hay-bands; I had such a cold, I could not undertake to say, whether the oil was intermixed with them in the same manner, but I shewed them to several persons, who said, they smelt the oil; Mr. Gubbins desired this chest might be taken up as careful as we could, and as little disturbed as possible; by his order, it was taken out; I will not be sure, whether the paper that laid at the top in a roll, was at first delivered into the hands of Clary, or whether he took it; there was another person with him; Mr. Gubbins gave an order, that he should not rake about any more in the ruins, and desired that paper might be taken care of; on my second return, I found this Clary with the papers in his hand, and unrolling a part of it, and strewing it about; and Mr. Gubbins gave the firemen there, a charge not to admit him to go away; I cannot say he denied giving me the paper, but he did not freely give it me; I took it out of his hand; Sir, says I, if there is any thing particular you can recollect, I will lookfor it; he said, there was a bill; I asked him the particulars, which he could give me no account of.

JAMES GUBBINS sworn.

I am one of the surveyors of the Sun-fire-office.

Mr. Fielding. Have you any part in the principal of the Sun-fire-office? - It is my duty to inspect losses, and to manage the firemen.

Have you any part in the principal capital stock? - None at all, nor I believe none of the servants of the office has; I was sent for to this fire, suspicion having arisen from various reports in the neighbourhood; I am not present at every fire; when there is a necessity, I am called for; when I came there, it was about eleven in the forenoon; I enquired of the firemen, what loss the Sun-fire-office had sustained? they informed me, the prisoner was insured in the sum of 900 l. I went into the ruins, and saw the fireman, Broughton, and some others; I enquired, what they were about? the prisoner was present, and they informed me, they were looking for property that the prisoner said he had lost; I turned to the prisoner, and asked him, what property he had lost? he said sixteen or seventeen guineas; I will not be positive, whether he mentioned any thing of the Bank notes at that time; I am not sure that I heard it first from him, but I think, I will not swear to it, that I asked him, whether he had lost any other property? and I know he afterwards told me; I took it down in writing from his own mouth, that he had lost 500 l. in Bank notes, and described them to me; that my clerk took in writing; I asked him the questions, Broughton and the sufferer was raking among the rubbish, seeming as if they were looking for something; I enquired of him, what he was looking for? he said, for the property of the insured; I desired Broughton to proceed; presently after, the prisoner had described the place where the chest was, within the ware-room, close by the stairs; I desired him to clear away that part.

Court. Did you hear the prisoner describe the place where the chest stood? - I did, and he presently came to the end of the chest on the side, and afterwards cleared round the chest and came to the handle; the prisoner said, he knew the chest by the handle, that was the chest where his property was; the fireman laying hold of this handle, pulled it off, and a part of the chest with it; I was rather angry at that, I wanted it to be kept perfect; I wished it to remain, for I had my suspicions about me at that time; I afterwards caused it to be carefully dug round, and the top cleared off, and to my astonishment, I found the chest contained hay-bands, and rolls of paper, which I did not know were dipt in oil, but in a few minutes after I did; I did not take them out myself; I did not suspect they were dipt in oil, but I thought what was in the chest did not appear of any great value; (the chest produced, locked in a new chest;) this chest as I understand it, had never been examined to the bottom, not in my presence; I would not have it disturbed; (shewn to the Jury;) the upper part, and part of the sides were burnt away.

PRISONER's DEFENCE.

I had three chests in the ware-room; one of the three belonged to a clerk of the Irish lottery; he run away, and did not pay his rent; he left a chest, and a stone bottle of oil, about a gallon; he left a vast number of printed bills; these bills are the pieces of paper which I picked up; that was the gentleman that saw me pick up the papers; I cannot write, nor read writing; I found this was all a bundle of those printed bills that seemed to be oily, or smell oily; and the stone bottle stood either under one of the shelves, or at the top of the shelves; my two chests were as full as they could hold, but in no chest that belonged to me was any oily paper, or hay-bands.

Court. Let us see what is in the chest now? - (The chest shewn, containing burnt wood, straw, and oily paper;) this I think

was the roll of lottery-papers, some burnt rags, and some coals.

Mr. Gubbins. These coals never appeared to me before.

Jury. We wish to look at the printed bills.

(Handed to the Jury.)

(Brewer's Lottery Office, Little Pultney-street, Correct Numerical Books, &c.)

(The rest of the contents of the chest appeared to be buttons not burnt, rolls of lottery papers wet with oil, rolled up.)

Mr. Fielding. These papers, I understand, are most of them lottery-bills? - Yes; the chest appears to be half burnt, which had been a sea-chest.

Broughton. The prisoner said the chest he was looking for was a wainscot chest, and this appears to be a wainscot chest; I did not mention that before; I did not discover it till now to be a wainscot chest.

Mr. Gubbins. After finding this chest, and seeing the prisoner take out papers and strew them about the ruins, when I recovered my surprise, which was some time before I did; I desired the firemen not to let him come any more among the ruins; indeed, I first gave charge of him, without waiting for further advice; I then went to the solicitor for the Sun-fire-office, and acquainted him with my suspicions; I returned back to the place; in my return, I called at Sir Sampson's; I took with me, Mr. Clarke, who I wished to be present at my asking this man questions concerning his loss; I told the sufferer, it was my duty as an officer in the office, to enquire into his loss; this was on the same day, but in the afternoon, he was willing to give me any account; I asked him to the house, the grocer's; there was no place where I could sit down to write, except in Mr. Imray's house; he very politely gave me the use of his parlor; I went into it with the prisoner, my clerk, and Mr. Clarke; I then examined him concerning his loss, beginning with the garret to the ground story; he there described to me every thing he had, as furniture, plate, china, and stock in trade; I took them from him in writing, and he signed it, not that day; my clerk took it down in my presence; this was read over to him the next morning twice, and he agreed it was right, and signed every sheet by itself separate with his mark.

WILLIAM COOK sworn.

This inventory I took in Mr. Gubbins's presence, I took it from what the prisoner said, as correctly as possibly I could, from himself; that is an exact copy of the original, which I copied the next morning, I have examined it, it is exactly the same, and this was read over to the prisoner the next morning, in the presence of Mr. Gubbins, and another surveyor.

Mr. Silvester. Where was the insurance made? - I cannot recollect the time; the insurance was 900 l.

What may be the value that he gave you an account of? - He seemed not willing to tell me the particulars of his bank notes, and the goods that he said he bought.

Mr. Fielding. You never insure bank notes, you know, nor cash? - No.

Court. Any thing that he said as evidence relating at all to the subject of his property, is admissible evidence.

Mr. Gubbins. He described in the questions that I asked him, that he had 500 l. in bank notes; the particulars I cannot exactly remember, but I remember this, that he described he had ten 5 l. bank notes, he said five of 50 l. six of 10 l. ten of 5 l. and one of 100 l. I asked him over and over, he said all notes on the Bank of England; and casting up them, I found he had been 40 l. deficient in 500 l. On the next morning when we came to read over the account to him, I asked him concerning it; he said he could not recollect whether the 40 l. was one bank note or more, but he was sure he had 500 l. I wrote it down accordingly. The account he gave me amounted to 460 l. I asked him then what he valued his goods at, that he had

so lately purchased; he said he paid for them in bank notes; one of 100 l. three of 10 l. and two of 50 l. - 230 l. He said likewise that he had this property by him five years.

Which property? - The bank notes; but I will do every justice that lies in my power to the prisoner; I asked him if they were the same bank notes; he said no, to be sure they were not; he had changed his property, but he could not describe the number, the date, nor of whom he took them, not any one note; I asked him how he came by such a large sum; he told me he earned it in the King's service, and in his trade as a taylor; here is a great quantity of goods, to the large amount of forty coats, &c. and among the rest I see there is fifty gross of buttons; he described to me a very large quantity of apparel, forty coats, and fifty or sixty waistcoats, a large account of ready made apparel, that he had stored in this place he called his ware-room; and at the other end of it he said he had, I think it was twenty gross of coat buttons, forty gross of smaller waistcoat buttons, besides bags of mohair, and silk buttons, and other articles in the tayloring line, sewing silk, &c. besides the buttons that were on the garments; he said some of them were plated; I enquired of him very particularly how he came by such a large property, for I made it out, from his own account; for he said to me, as I marked it in the margin of my account at the same time, that the goods he bought for 230 l. were worth in London 900 l. He asked first whether he had a right to give an account of them, because they were smuggled goods, indeed he confessed that; I told him no advantage would be taken of that, if the account was fair, the office would pay him; then he described to me that he had two hundred pieces of nankeen, and a large quantity of silk, I do not know how many yards, it is in the account, in this chest.

Prisoner. Not in that chest.

Mr. Gubbins. I suppose that chest, from the description that the man gave at the time, he told me it was the chest in which his property was, and he described it as the property that he brought from the Isle of Wight; I recollect it well, I was certain the chest would not contain all these things; and he told me he put these goods after they were landed from Harwich, in a bag; I certainly took some pains to enquire the weight of two hundred pieces of nankeen, and such a quantity of silk, amounting to three hundred yards, as that bulk would be very large; he described the manner he bought them; that he bought them there, but he did not know of whom, nor his name; he bought them out of a cutter, that they brought them on shore to the house, he did not know the sign; that he afterwards conveyed them to the waggon, and he set off himself to Gosport; he then said afterwards, which I think is a contradiction, that he took with him twenty pieces of nankeen, and fifty of silk, to sell on the road, back out of his waggon, I think he said the Gosport waggon, I cannot be sure; he said he was but just arrived from Portsmouth, a few days before the fire; I understood him that they were put in a waggon, and brought somewhere in the Borough, but it was but a few days before the fire. After this hearing of such a quantity of buttons, to near nine thousand, eight thousand six hundred and forty metal buttons, I thought to be sure, some of them would be found in the ruins, as the floor was not burnt where they stood; the floor of the ware-room was not burnt through; I called in a respectable man in that neighbourhood, Mr. Haslam, a builder and surveyor, and had desired him to get a proper person to assist to screen the rubbish over, to sift it, to see if he could find any remains of buttons; but prior to that I should have said, I went myself to the opposite neighbour Mr. Suddenwood, to see if I could see any of them myself, and I could find none. Instead of finding buttons, I found a great many more oiled rags and papers, which I ordered to be taken care of, but they have been thrown away; I found other things in the rubbish

not melted; I did not find any buttons not one, either melted or unmelted; I did not see any melted metal at all.

Did he make any claim on the office? - He certainly made a claim to me.

Mr. Fielding. You did not happen to be at the office, when this man insured with you? - No, he did not insure at the office when I attended; the claim is at the bottom of the account, regularly signed by him.

Prisoner. My Lord; and Gentlemen of the Jury, I never made any claim.

Court. Was this part read over to him?

"I do hereby certify, that by the fire yesterday, in Little Pultney-street, I suffered loss of my houshold goods, &c. to the amount of 900 l. and upwards, as appears in the foregoing account, contained in this and the three foregoing sheets, to which I have set my hand; and I do by virtue of the policy demand satisfaction for my said loss. Dated the 25th of March, 1788."

Prisoner. I did not understand it was read over.

Mr. Fielding. The firemen were stooping down among the ruins at that time, the whole of the chest was not visible, not a single part of it; afterwards, when there was a handle of this chest made its appearance, then he said he knew the handle? - Yes.

The width of the room was but just the length of the chest; the length of the room was but four feet six? - Yes.

When this handle of the chest made its appearance, and he thought he knew it, the conversation then turned principally on the cash and the notes that he said he had lost? - Yes.

Your conversation with him on this subject was merely pity, because you, as the officer at the Sun-fire-office, knew that they would not be responsible, for either notes or cash? - I certainly did.

Did he know that the office would be answerable for this money? - I think the contrary, because he himself told me soon after, that he thought the office was not responsible either for his loss of the bank notes or the cash; I understood it so from his examination.

Then whatever he might say to you on that subject was more immaterial to you? - It was not immaterial to me: if such a respectable man as yourself was to meet with a misfortune, I should ask you the same questions I did him.

Court. When this chest was searching for, did he speak of his valuable property being chiefly in one chest, or being in several? - He described it to be in one, he never mentioned any more than one chest; he described every particular, table, stove, grate, furniture, tongs, and every thing.

Court. Did you observe that in stating the stock in trade, he did not state what the goods that came from the Isle of Wight were in? - It is in his own account of the fire, how it happened, taken from him; this was read over to him, and signed the same as the other, on this defendant's return.

Was he sworn to it it? - No, it is the word we use.

Was he taken before a magistrate? - No.

Then I cannot receive it as a written confession.

Mr. Garrow. We give it only as a written account taken by a witness at the time.

Gubbins. He said the whole of the goods brought from the Isle of Wight, together with the bank notes, were deposited in a chest in his ware-room.

Court. Did you find any more than one chest consumed or unconsumed? - I saw but one.

Prisoner. I brought them in canvas bags, and Mr. Haslam can speak to that.

From the state of the ruins, as you saw them, the floor of the ware-room was not burnt nor fallen in? - The staircase had only fallen down, no part of the ground-floor had fallen in; it had burnt through in several holes.

From the state of the ruins, and your experience, if there had been that quantity of buttons, particularly in that ware-room, must not the whole, or a great part of them have appeared? - I have not the least doubt of it, and the cloth must have appeared

in my opinion; it would frizzle up, it will not burn without a very strong fierce fire to consume it.

EDWARD GRIFFIN sworn.

I belong to the Sun-fire-office, I am principal clerk in Craig's-court; that is a division of the office in which this house was.

When was these goods insured? - The insurance was made the 21st of last January, insured for 900 l. it does not appear that he ever insured at our office before.

Mr. Fielding. Who was the insuring clerk when the insurance was made? - He was the junior clerk, he is here.

Do you remember the person of the prisoner? - I never saw him.

JAMES MEAD sworn.

I was insuring clerk at the time that Clary's house was insured; I do not remember the man, nor any conversation that I had with him, there are so many gentlemen that come.

Prisoner. That is not the gentleman that took the money of me; that gentleman wore spectacles.

Mead. I wear spectacles sometimes.

(Puts on a pair of green spectacles.)

Prisoner. I do not recollect his person at all.

WILLIAM HASLAM sworn.

I am a carpenter, I know Mr. Gubbins, he desired me to attend at the sifting after this fire; I did so.

What was found? - Only a few buttons, about half a dozen; my man who assisted me has them; I believe there might be nine or ten, not more than a dozen.

Was any melted metal found? - No melted metal at all; the buttons were very easily discovered, they were not melted at all, they were not run at all.

Was there any cloth found? - No;

No burnt cloth? - No, only some pieces of paper, and some burnt rags.

Were there any guineas found? - No, only one farthing, that my man has; I know the house of Mr. Emmery that adjoins it; the door-post of that is burnt, and the lintel over the door, and the archichitrave round the door also, and a part of the door, and the sill of the door; the right hand sill of the door is burnt, part of it through; the shutters of the window were one of them burnt to a cinder in the front.

Was any of the floor burnt? - Only the sill of the door; not the inside of the house.

Mr. Fielding. I understand you, the flame did not get through? - Through it is, but not the floor; it is burnt a little on the inside.

But there is nothing of the inside of the door on the inward side of the post? - No.

It is all exterior? - Yes.

The door itself, or the door-post, there is no burning on the inside? - No.

You say one of the shutters was burnt? - Yes.

How are these shutters fastened? - They lift out of the grove, and fasten with a bar; they are put in the day-time, a heap of them together.

ANTHONY WRAY sworn.

I am servant to Mr. Haslam; I screened the rubbish at the fire; I have been used to that sort of work, these eighteen or nineteen years; I found these metal buttons in the state they are now; (produced;) here are some that are more altered, and here are these farthings.

Did you search carefully? - I did.

If there had been eight or nine hundred buttons, should you have found them? - I do not think there were twenty.

What other things did you observe among the rubbish? - Iron, and some bits of cloth not burnt.

Was there any thing particular about them? - Yes, there were hay-bands, bits of cloth, and paper in a state wrapped up, wet, I believe with oil.

Did you find any quantity of linen,

nankeen, or such things? - None at all; I have been used to this business; I have sometimes found such things in the state in which they where lost.

Court. On these buttons found, there is no appearance of any very violent degree of heat; there is one of them a thin one, and beginning to be in a state of fusion; the rest are not.

(The collector of the taxes called.)

Mr. Fielding. I object to his evidence as having no relevance to the present charge.

Court. I think any thing relating to the circumstance of the party is material, near that time; I should think it wasting time to state evidence here, what his circumstances were six or seven years before, but evidence coming near the time, is admissible, and may, or may not be material.

JOHN IMRAY sworn.

I lived at the next door to the fire; my house is considerably damaged.

Who occupied the house? - I did.

Who is Alexander Durham ? - He is my partner, and occupies another shop.

Who pays the rent and taxes where you live? - We do jointly; I reside there, and he lives at the other house; my house is considerably damaged, burnt all up the door-way withinside; we threw on pails of water frequently; it burnt the floor of the passage, the inside and outside of the door all the way up; the flames broke through by the door; I believe no fire broke out in my house.

Have you any doubt? - No, the other house was burnt first.

THOMAS WILLIAMS sworn.

I am rent-gatherer to this estate in Pultney-street, to Mr. Lee; the last time I applied to the prisoner for rent, was, for half a year up to Lady-day; about a fortnight before the fire, I applied to him.

Did you receive your rent? - I did not; he told me, he was going down to Portsmouth to receive some money from his customers, at Portsmouth, and as soon as ever he returned from Portsmouth, he would pay me; I called again at the time I expected him to return, but he was not gone; but Mrs. Gombert told me, he was going that very night, and would return in five or six days.

Had you applied frequently for rent? - I had.

How often? - I suppose, three or four, or five times.

What was the rent? - Thirty guineas per annum.

ROBERT NICHOLLS sworn.

Did you ever apply to Clary for taxes? - I did, about a fortnight before the fire; the amount was 6 l. 1 s. 6 d. he had from time to time, begged me to wait, for that he had no money; but the last time he begged me to wait till the year was up, as he should have a sum of money a little after Lady-day.

Court to Mrs. Kinslow. You have been in this little back place, this closet or ware-room? - Yes.

You told us when you saw it there were some things in it; what were they? - I never saw any thing at all there, except a Bath stove; it was a very small one.

You talk about a lottery-office keeper? - The Irish lottery was kept there, at Mr. Clary's house.

Was there any thing belonging to the lottery office keeper? - I never heard of any thing but some books and some lamps that they left behind them when they went away; they were in this ware-room.

Did you see a large bottle of oil? - I did not.

This chest that has been shewn, that used to stand under the shop window, and the clothes used to be put in on a Saturday night.

Mr. Fielding. How many lamps were there? - There were four.

Then when you was in the house, the lottery office was kept there? - Yes.

During this time, there was oil of course to supply these lamps? - I have seen them trim the lamps with a glass bottle; I remember the lottery-office-keeper going away; he

left them things behind him; there were some trifling prizes came up, and he went away; when I took the apartment, this place had nothing but coals in it; they were cleared away for the lottery-office-keeper; they had only a bushel and a half at a time.

Court to Clary. Now is your proper time, if you have any thing to say for yourself on any of these circumstances that you wish to explain, the Court will hear you? - My Lord; during the time the lottery-office-keeper was with me, they had several gallons of oil in a stone bottle, that might hold rather better than a gallon, or about a gallon; which oil-bottle and a chest the lottery-office-keeper left; a large chest he left locked, what was in it, I cannot tell; I was informed I dared not break it up, as the man had sent a man to make proposals to let him have his chest, and what things he left, and he would pay me part of the money, which I did not agree to, till he paid me part of the whole; and his numerical book and his oil remained ever since; the chest I never opened; it was a large chest, and it was under one of the shelves in the ware-room, and it stood by my two chests; he had many printed bills, and his book was a very large square book, a deal of papers he had, which I always saved, expecting he would come and take them; the fire began so soon, and I was alarmed by my housekeeper; I was very fast asleep, and it alarmed me; I immediately got up and listened a moment, and I heard a great cracking of fire; I smelt smoke, and I immediately called Mr. Horford, in the first floor, and the people in the kitchen; Mr. Horford was down stairs before I delivered the words, and I opened the yard door to look out backwards in the neighbourhood, to look if there was any thing of fire; Mr. Horford said, there was no fire in the house, it might be in the neighbourhod; it seemed to make me a great deal easier; I went to the street door, which Mrs. Gombert, the housekeeper, had opened; I looked round and could see no fire; I ran immediately to St. Ann's and St. James's, and ordered the engines, which came in about twelve minutes; I ran as fast as I could, with one arm in my coat, the other out; stockings I had none on; I buttoned my clothes by the way; the engines came, and were to the best of my knowledge, about three quarters of an hour, or I am sure about half an hour, before they played; I was running about; they say, I was very easy about it; I should, I believe, have gone into the flames, if it had not been for a customer of mine, who I was glad to see there, that stopped me, and said, do not go Clary, you can do no good, you had better lose your property than your life; my witnesses were here all day yesterday, and are here: I wish to add, concerning the insurance; when I insured, I asked the clerks at the insurance office, one and all, if it was not proper to come and inspect into the particulars, because it would be more satisfaction to me; they said, no Sir, it is a thing we never do; they took the insurance-money, and when the man came to deliver the policy and the mark, I was not out of bed; and he told me, they had made a mistake of three shillings, which I desired my housekeeper to give him, and one for the man himself, which made four.

You cannot point out which of the clerks of the office with certainty, I think, to whom you said this? - I could know the gentleman if I saw him.

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

Reference Number: t17880402-18

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 2d of APRIL, 1788, and the following Days;

Being the FOURTH 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 IV. PART III.

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 David Clary and Elizabeth Gombert .

Prisoner Gombert. My Lords and gentlemen; I am a very innocent woman of the fire; as for the gentlefolks in the house, they were all up before me; I leave it to my counsel; I know not which way it began; I was the first that went out of the doors, and I was the last that came out till the flames quite came out, looking for some papers.

REBECCA NUNN sworn.

I know Mr. Clary, and the house in which he lived; there was a lottery-office kept there; I cannot say at what time, it was during the drawing of the Irish lottery.

In what manner was this office kept? - I do not know.

How was it furnished at night? - Very well furnished; there were lamps, three or four, and more for what I know, but I never took great notice.

Court. Did you live with the lottery-office-keeper? - Yes, I did; I lived with Mr. Clary.

Did you ever see the lamps trimmed; where did they keep the oil? - I do not know; I believe in some box; or some place backwards.

What papers had they there? - I do not know.

Where did they keep their books? - I believe on the counter always.

Court. I have no doubt but these papers were left by the lottery-office-keeper.

How was the house furnished? - Very good furniture.

What business was Clary? - He was a taylor by trade; he carried on a great deal of business while I was there, and employed a great many men.

How long did you leave him before the fire? - Not a quarter of a year.

Mr. Silvester. He carried on a great deal of business, and had a great many hands? - Yes, sometimes out of doors he

carried on his work, and sometimes in doors; he had four or five men.

Where was the shop? - In some of the rooms; I lived in the garret.

Was the shop-board there? - No, in one of the garrets; there was while I lived there, a shop-board and two or three men working there.

What time was that? - I do not know the time; he had a shop for clothes below stairs, that was in the parlor; he proposed to make a shop in the garrets; when I went away, he had great deal of cloth.

Where did he use to keep this cloth? - In the back room below, the ware-room I fancy it was, adjoining to the shop where he slept, where he hung his clothes up.

What part of that shop was it adjoining to? - On the side of the shop, close to the shop.

Was you ever in it? - Yes; the ware-room was on the right hand; the lottery-office was kept in the shop.

Then he never let the ware-room to the lottery-office? - I do not know; he emptied it for them when they took it.

Where did he put his goods in? - There is room enough to put his goods in; I do not know particularly in what room; some in one room, some in another.

Why this room was not very large? - Not very large; about as wide as from you to me.

Do you remember the fire-place in the corner, on the side? - I do not know there was any fire-place; there is a little back room; I know there was a fireplace.

How long was it? - It was square.

Was there any window in it? - I believe there was, but it was at night when I was there; I could not see whether there was any window, or no; I never took any observation; in this shop, where his clothes hung, there was a great quantity of cloth, very fine cloth; I suppose five or six and twenty shillings a yard.

How many pieces? - I do not know, there was a great quantity; I saw it brought in.

Was there more than one? - Yes, I dare say there was a great many; it was four times as much as I could lift.

Then it was brought by a cart? - I do not know.

There was a roaring trade carried on? - I saw it brought in by Mr. Clary, two months before the fire.

Do you remember Mrs. Bishop living there? - I was not acquainted with any of the lodgers.

Did you know Mr. and Mrs. Bishop? - I cannot say I did; there was a man and his wife in the kitchen, I have seen them, but I never spoke to them.

Was that the person? - I do not know whether I ever spoke to her; I do not remember Mrs. Dunn living in the second floor; I have seen Mrs. Horford; I do not know the gentleman; I know the gentlewoman.

Do you know Mr. Kinslow? - Yes; I know her; she lodged in the one pair of stairs.

Court to Mrs. Kinslow. Was this woman in the house.

Mrs. Kinslow. Yes; but she was very seldom at home; I never saw any man at work in the garret in my life.

Mrs. Bishop. Nor I.

MARY DICKEY sworn.

I live in Monmouth-street; I keep a clothes-shop; I have known the prisoner Clary, I think about seven years; I knew him when he lived in Little Pultney-street; he lodged with me, and went from my house there; he was a master taylor; I think it is pretty near two years since he went from me; he lodged with me when he was not at Portsmouth; his goods were at my house; he had houshold furniture, and two chests with cloth and clothes, in them; he carried these two chests to Pultney-street, in a coach; sometimes I visited him in Pultney-street.

What appearance was there of his carrying on business? - I was there several times; he sometimes was very busy, and the same taylors that did work for me, worked for him.

Can you tell me what stock in trade he appeared to have? - I cannot say.

Do you know any thing of his insuring his house? - I do not know the time; he did insure it.

Did you ever say any thing to him about his insuring his house? - I did.

Court. We cannot lawfully hear what she said to him.

Mr. Garrow. How long had he lodged at your house? - Between six and seven years; I never saw Mrs. Gombert till I saw her at this house; he had half a dozen mahogany chairs, and two mahogany tables, and a many little odd things.

How many rooms had he at your house? - One room, and I put his goods into my lodger's room; he had so much furniture that served for one room; I do not know whether he took his two chests at once, or at twice; I was not at home; I visited him several times; I know he bought a great deal of furniture after he went there; I saw some feather-beds and blankets, and other things.

When did he buy it? - I saw it at his house.

What part of the house? - The parlor and one pair of stairs.

How long is that ago? - When first he went into the house.

Where do you live? - In Monmouth-street; I keep a clothes-shop.

You went sometimes into the front shop of this man's house? - I went into the house.

And you could not go into the house without going into the shop? - I did not take notice of the stock.

Did you at any one time see 15 l. worth of goods in the shop? - I cannot say.

Did you at any one time see ten pounds worth? - I never was in the ware-room; I keep a shop, and I never keep 20 l. worth in my shop, but I keep hundreds of pounds worth in my ware-room.

How many waistcoats might there be? - I never looked at the waistcoats; I do not know.

How many pair of small clothes might there be? - I do not know.

Were there any boxes on the shelves? - I did not go behind the counter.

Upon your oath, was there five pounds worth of goods at any time that you looked? - Yes; I am very sure there were more.

Will you swear to 10 l.? - I will not swear to any amount at all.

Will you swear you believe there were 10 l. worth? - Yes, I do; some new, some second-hand, most new, I believe; but I cannot tell, neither number nor quality.

Do you put your goods into two chests? - I put them on shelves.

How many hundreds of pounds worth of old clothes would these two chests have held that he carried away? - I cannot tell.

How many years have you been in that trade? - Twenty-two years.

Now suppose them very good, fit for a clothes-shop to sell? - I cannot charge my memory.

What do you think of 100 l. worth? - I cannot say.

What do you think of 50 l. worth? - I cannot say any thing at all about it.

Who is this taylor? - His name is Pritchard.

Where does he live? - In White Lion-street; I cannot say when he employed him.

How lately? - He had work to do for him when he was at Portsmouth this last time.

Where did he work? - At his own house; he takes in piece-work.

You took this man to be a man of large property? - I do not know; I always took him to be a man of property; I never expected any such thing as a difficulty in not paying his rent and taxes.

Mr. Fielding. You say it is not the

custom for you to exhibit any clothes, you keep them in a ware-room? - Yes.

Court. What size is your ware-room? - My ware-house is larger than a large parlour shelved all round.

JAMES TOMLINSON sworn.

I am a woollen-draper in Bedfordbury, I know the prisoner Clary about a year and a half, he dealt with me, I served him with any quantity he wanted; within three or four months past he has had four or five pounds worth; I served him in January and February, in October, November, and December, and his trade was for 5 l. at a time.

What quantity of goods may you have supplied him with; did he come frequently for such a supply? - Yes, sometimes one cut, sometimes two, sometimes four.

In short, you supplied him with goods as a taylor that had business? - Certainly, as a taylor that employed people to work, both in woollen drapery and men's mercery.

Mr. Silvester. You have not got your books here? - No, I cannot pretend to say; sometimes he was a ready-money customer, and sometimes he paid the next time he came; I believe he was in the sale-way by the clothes hanging there; how can I tell what he was? I know by the appearance of the shop, he was a salesman as well as a taylor; I never was up in his work-shop; I have been at his house a good many times within these four or five months; I might call once or twice before that.

How often have you called upon him? - I cannot say.

Can you say how many cuts of cloth he had from you? - I cannot say.

How much money have you received from him? - I cannot say, nor no draper in London.

Is he your debtor now? - He owes me a few trifling things, I cannot say, may be three or four pounds, I think that not an object, some in February, some in March, about a month or six weeks before the fire.

Mr. Fielding. My Lord, I confess I do not think calling these tradesmen, who had supplied him with different things, can answer any purpose.

What sort of character does he bear? - I declare I know nothing scarcely of the man, but by coming to my shop.

- HAWKE sworn.

I live at the Black Lion in Berwick-street, I have known Mr. Clary about a year and a half, I cannot say when he did come into the neighbourhood, I never heard his character stained till now; I was at his house the evening of this accident, I was there till past eleven; I went home, and shut up my house, which I do always, precisely at eleven; I staid there half an hour I suppose, and went away; I was standing in the parlour with him.

Had you seen any thing of him that evening before? - No, Sir, I never set sight of him all the day before, I called upon him at his own house.

Mr. Garrow. You was in the parlour, I understand? - Yes.

Did you go into any other part of the house? - No other part; I have served beer when there was a lottery office, I knew the place where the lottery office was kept, I never was in the room in my life time, all was quiet and easy, and they were at supper, no smell of smoke or of fire.

You had particular business to do with Mr. Clary? - So far as that he said he would assist me with a little money; I went to ask him the favour, and he answered me I was welcome to have it at seven in the morning.

What time? - I did not put any time at all upon it; as far as this he did say to me, that he had some notes by him, that he could let me have 10 l. he said these notes were in his ware-room; I cannot tell how long before, it was before I spoke to him about this money.

What time was you to make the payment? - That was to my own option.

What reason did he give you, for not giving it you that night? - He said that he had locked them up in his wardrobe, in

the place where he put all his things, and likewise that it was not convenient for him to open it that night, but if I would come in the morning, I should have it.

Did he give you any reason for that? - No reason at all.

You come here to prove that you went there to borrow money of him? - I came because the gentlemen of the Sun-fire-office had been informed that I should entertain goods of their property before; but I am willing to take my oath that I never had any property of his in my house in my life.

He did not shew any notes then but told you; there was a parcel that he shewed you one night, and said they were all bank notes; where was that? - In our house.

How long ago? - A few days before, I cannot tell you the night; it was not so much as a week, it was a pretty largish bundle of bank notes, I cannot tell how many, folded together in a large parcel.

It was not in the week; was it? - I cannot recollect.

Who was present at the time? - I cannot say, it was a public-house, there might be other people.

How happened he to produce them that night? - I do not know any further than he said he had been at Portsmouth, and received some money and bank notes together.

Upon your oath, have you never said that he did shew you bank notes on the night of the fire, at his own house, and that you would prove it? - I said that he shewed me bank notes; I never said that in my life.

Have you never said you was with him in his parlour, and that he there shewed you several bank notes? - I never said any such thing in my life, I never said so since I was born, I never said so to any body, I never saw the wardrobe in my life.

Some of these bank notes were 5 l. notes? - I do not know, he said he had them mostly in 10 l. notes, he never mentioned the word five to me.

Court. What did you want this money for? - To pay my brewer for some beer, I had asked him before he went to Portsmouth, and he said he could help me when he came back; after he came back from Portsmouth, I put him in mind of his promise, a few days before this Sunday night; I went to him and asked him, and he said it was in his power so to do; that was in my house, I did not tell him what day I should want it, I went to him on the Sunday evening.

Had you seen him at his house since he came from Portsmouth, till that Sunday evening? - No, not to the best of my knowledge, at his house.

Who was present when he took out the parcel of bank notes at your house? - I cannot tell, there was my wife present, I do not know whether any body else saw him, he pulled them out in the little parlour.

What time of the day was it? - I cannot tell, it was in the evening, I cannot tell the hour.

Was there any body in that parlour, except you and your wife? - I cannot say, I know my wife saw them; I cannot say positively whether any body else was present.

Then you do not recollect that there was? - I do not recollect that there was any body present but me and my wife.

How long had you owed this money to your brewer? - That is a hard matter to know, we are very seldom out of debt, I was going that morning to have it delivered, I did not owe the money till it was delivered, I was going to have beer in, I was obliged to pay ready money for it, I was going that very morning to get in some beer, and to pay for it on delivery.

What was to come of what you owed him before? - He gives me credit.

How long have you been in debt to your brewer? - Ever since I have been in the house.

When did you begin to pay ready money? - I began twice before.

Does your wife assist you in your business? - Yes.

Who keeps the accounts, you or her? - My wife.

Then she assists you in your business? - She does.

Then she knows your business? - She does.

She knew that you owed money to the brewer? - Yes.

Did she know that you was going to pay him on the Monday? - Yes, she knew I was going for beer, and that I intended to pay my brewer some money, I had money in the house, but not enough.

Did she know what money you had in the house? - No, because I keep that myself, I lock it up in a little box, I trust her now and then to go to it, I do not think she did know what money I had in the house; I never kept it a secret from her, not of any payments that I was going to make; my wife always sees the receipts, and they are filed, my wife always sees the brewer's books.

Then when you had asked this man for the money, before he came from Portsmouth, and when he came back he shewed you the bank notes, why did not you ask him for one of those bank notes? - I did not want it just at that time, not till Monday; I do not know why I did not, but I did not do it.

You put him in mind after he came from Portsmouth; was that before you saw the bank notes, or after? - Oh, it was the same evening when I saw the bank notes; I said Mr. Clary, I hope it will be in your power to help me a little now; says he, it will.

Was it in your house that you put him in mind of his promise? - Yes.

Did he go home after that? - No.

He was only once at your house that evening? - Only once.

Then he had the bank notes in his pocket? - Yes, he pulled them out of his pocket.

The prisoners called Ann Trotter who gave them both a good character.

Prisoner Clary. My reason for keeping so much money, and not parting with it, certainly was, a man that was an acquaintance of mine that kept a public house, and I had lately agreed to purchase his estate, which is a freehold estate; I saved the money to go round the buildings; while I was at Portsmouth, I went to the Isle of Wight, as I generally do; although it is not lawful, I dealt in smuggled goods; I got safe home; part I left to sell on the road, which consisted of nankeens and silks; that was my particular reason for saving my money for purchasing this estate, but lighting of this bargain, I bought the goods.

Court. That would be a very good reason if you could prove the fact.

Prisoner. I can prove it by writing to the man of whom I was to purchase it of, his name is Mr. Kelly, agent in Plymouth dock, who formerly kept the sign of the Fourdroyant; I saved the money for that purchase; and my Lord, I leave it intirely to your Lordship, and the judgment of the Jury; I am as innocent as God in the Heavens, and the poor woman is innocent; I was fast asleep; I have been a very lucky man; I have gone through many hardships; I have gone to sea with Sir Edward Hughes; I always was caressed by my betters, and always esteemed by my betters as company for gentlemen, though I had not the education of a gentleman; I was Steward to Sir John Hamilton ; I could have Lady Hamilton's recommendation, and could have the captain's recommendation; my evidences were here yesterday all day; there is one of my evidences, the last debt that I contracted with him, was for 35 l. or 36 l. for one article; it was sattin, of which Mr. Suddenwood had a pair of breeches.

DAVID CLARY , GUILTY , Death .

ELIZABETH GOMBERT , NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880402-19

271. JAMES ROBERTSON was indicted for stealing, on the 6th of March , one piece of silk handkerchiefs, containing

six in number, value 30 s. the property of Adam Leaf and William Howgate .

WILLIAM HOWGATE sworn.

I am a haberdasher , in partnership with Adam Leaf ; on the 6th of March, between six and seven in the evening, the prisoner came to our shop, and bought something, but I do not know what; I did not serve him; as he was going out at the shop door, I saw him put his hand, and take the handkerchiefs from behind a wire in the window; I pursued him, and took him with the handkerchiefs upon him; (Produces them;) they have my shop-mark upon them.

The prisoner did not say any thing in his defence, but delivered a petition, that he might be permitted to transport himself in the service of the East India Company for seven years.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Transportation. See summary.]

Reference Number: t17880402-20

272. MARY CAVERNOR was indicted for stealing, on the 31st of March , a piece of printed cotton, containing five yards, value 15 s. the property of John Watson .

JOHN WATSON sworn.

I am a linen-draper , No. 42, Fish-street-hill ; on the 31st of March, I saw the prisoner walking past my door several times, and about five minutes afterwards, she was brought into my shop with the property upon her by Philip Hammond .

PHILIP HAMMOND sworn.

I saw the prisoner take the cloth from off a wooden horse just within the prosecutor's door; I immediately laid hold of her, and took her into the shop.

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

The prisoner did not say any thing in her defence.

GUILTY .

(Aged 10 years.)

Tried by the London Jury before Mr. RECORDER.

[Transportation. See summary.]

Reference Number: t17880402-21

273. JOSEPH INCE was indicted for stealing, on the 22d of March , three cotton gowns, value 30 s. a muslin apron, value 2 s. and a muslin handkerchief, value 12 d. the property of Nicholas Wilson .

HANNAH WILSON sworn.

On Saturday, the 22d of March, I lost the things mentioned in the indictment, out of a parlor.

REBECCA SINGLETON sworn.

On Saturday, the 22d of March, about one o'clock in the day, I saw the prisoner go into the window without a bundle, and come out with one; he was in about five minutes; I went to Mrs. Wilson, and told her, and she missed the things immediately; I had seen the prisoner walking to and fro' most of the morning; he was taken up on the Thursday following.

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

To Prosecutrix. Were any of your things found upon the prisoner? - No; before the Justice he said, I could not have my things, but if I made a charge of them, he must pay for them.

How long before Rebecca Singleton told you of this, had you seen your things? - Not ten minutes before.

PRISONER's DEFENCE.

When I was taken up, this young woman was sent for; first she said, she did not know me; then she said, she saw me go into the window.

GUILTY .

The prisoner was recommended to mercy by the Jury.

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

[Transportation. See summary.]

Reference Number: t17880402-22

274. ELEANOR CONWAY was indicted for stealing, on the 8th of December , a linen shift, value 3 s. the property of John Wester .

MARTHA WESTER sworn.

I am the wife of John Wester ; I am a servant to Mr. Wright, Mill-yard ; I put a new shift into a drawer in my master's bar; the next morning I missed it; the prisoner had been alone in the bar several times; I found it at Mr. Collins's, a pawnbroker's.

ANN DARBY sworn.

I live with Mrs. Collins, a pawnbroker; this shift was pawned in the name of Eleanor Conway ; but whether it was the prisoner or not, I cannot say.

(Produces it.)

JANE FAULKNER sworn.

The prisoner lodged with me; I have seen that shift in her possession; it is not made as other shifts are; it is joined over the shoulder.

(Deposed to by the prosecutrix.)

- BRIGHAM sworn.

This shift is the prosecutrix's; I made it for her.

Prisoner to the Prosecutrix. Whether she does not swear against me maliciously, because I am a witness against her in the King's Bench? - I never had any ill-will to her.

Is she a witness against you in any cause? - I do not know that she is.

PRISONER's DEFENCE.

They want to combine against me, to prevent me from appearing against them at Westminster; I have no witnesses; Mr. Wright charged me first with a china bason; there is a gentleman here that knows of the action that is against them.

(For the prisoner.)

CHARLES LYONS sworn.

The prisoner sent to me; I was not subpoened; I do not know what she calls me for.

Do not you know of an action against the prosecutrix? - There is an action brought by one Conway, against a person of the name of Wright and wife, to the best of my recollection, and this woman, whose name I believe is Wester, for an assault committed on a person by the name of Conway; the prisoner says, she is a material witness in that action.

What relation is that Conway to the prisoner? - I do not know.

When was the action brought? - I believe last Hilary term, to the best of my recollection.

NOT GUILTY .

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

Reference Number: t17880402-23

275. DANIEL EDWARDS was indicted for feloniously stealing, on the 12th day of March last, ten pounds weight of loaf sugar, value 7 s. the property of John Stone .

JOHN STONE sworn.

I lost a loaf of sugar on Saturday, March 12th, about nine o'clock in the evening, I was breaking sugar in the shop, two men came in and asked for half an ounce of tea, the prisoner Edwards came in and took a loaf of sugar, while the two men were there; my wife's sister was serving in the shop, I saw him come in and take it, and went out and followed him, the prisoner gave it to another person, the prisoner was then taken, and the other got off.

JOHN BASNET sworn.

I am an officer, I was sent for on the

prisoner's being stopped, and took him before a magistrate, and he was committed.

PRISONER's DEFENCE.

I know nothing of the matter.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880402-24

276. JOHN TIMMINGS was indicted for feloniously stealing, on the 11th day of March last, two iron rails, value 5 s. the property of Hutchinson Hethersall Brown .

THOMAS JAMES sworn.

I live at St. Paul's, Shadwell; I only prove the property to be Mr. Brown's.

WILLIAM MANNING sworn.

I am a watchman; I saw the bars safe at three o'clock in the morning as I was going my rounds, and at five they were gone.

JOHN SWADSON sworn.

I saw the prisoner pitch the rails up in a field; I followed him, and found the rails wrapped up in his jacket; it was about seven in the morning; I immediately took the prisoner, and carried him before a magistrate.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880402-25

277. WILLIAM GREEN was indicted for feloniously stealing, on the 9th day of March last, forty pounds weight of lead, value 3 s. belonging to Hans Winthrop Mortimer , Esq . affixed to his dwelling-house .

RICHARD HOLDBROOK sworn.

I know nothing of the robbery, I only know the lead was gone.

JAMES DIXON sworn.

I saw the prisoner get off the wall of Mr. Mortimer's house; I watched the prisoner; he was taken opposite Goodge-street with the lead in a sack upon him, and a chissel.

ROBERT HANDSON sworn.

I assisted to stop the prisoner, and took him before a magistrate, with the lead; I took the lead to the house and marched it, and found one piece to fit exactly.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880402-26

278. JOHN MONK was indicted for feloniously stealing, on the 24th day of March last, one metal chuck, value 3 s. two pounds weight of princes metal, value 3 s. the property of John Pinchbeck .

And JOHN PARLEMAIN was indicted for feloniously receiving the same, knowing it to be stolen .

JOHN PINCHBECK sworn.

I missed my property on the 24th of March, it consisted of a metal chuck, and several pieces of unfinished articles in metal.

JOSEPH DILWORTH sworn.

The prosecutor informed me he had been robbed; I went to Parlemain's to sell some file dust on the 24th of March; Parlemain buys metal and other things; I saw the sister of the prisoner Monk come in and sell a chuck and some Sheffield metal; a chuck is to work with turning lath, it was made by me; I watched the girl home, and then informed Mr. Pinchbeck; Mr. Pinchbeck

went with Isaacs, the constable, to Parlemain's and found the property there; Parlemain denied having any such thing, but upon further search, they afterwards found it in the cellar.

THOMAS ISAACS sworn.

I am a constable; on the 24th of March, I was sent to search Parlemain's house, who denied having any such goods, but they were found in the cellar; I afterwards took the prisoner Monk, who confessed the robbery before the magistrate.

Pinchbeck. I took out a warrant against father and son, on suspicion, and carried them before Mr. Justice Blackborrow; Monk the prisoner confessed, and begged to be forgiven.

Joseph Dilworth . I did not say any thing to Parlemain till after I informed Mr. Pinchbeck.

Isaacs. Parlemain was frightened at seeing the search-warrant, and denied having any thing, but afterwards produced several articles which were matched with things which the prosecutor had at home. (The property produced and deposed to by the prosecutor;) it was found in a tub in the cellar, with a great quantity of other metal.

Parlemain to Dilworth. Did not you deal with me yourself, and did not I always give you a fair market price? - Yes.

Parlemain. The metal was brought to me by a child, Dilworth was waiting by me, and received fourteen shillings for the file dust he brought; I asked the child, whether her father sent it; she said, yes; after which, Dilworth went about his business; some time after, Mr. Pinchbeck came in, and asked several questions, and then went off, and returned again with Isaacs, at which I was intimidated, not knowing their errand; being informed of their business I readily consented; they informed me they wanted a chuck; I informed my wife, I believed there was one; I searched in a basket, which I emptied on the floor, and Mr. Pinchbeck found the chuck, which he claimed.

The prisoner Monk called two witnesses to his character.

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

BOTH NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880402-27

279. JOHN CARTER was indicted for feloniously stealing, on the 27th of March last, four pewter plates, value 2 s. the property of George Bentley .

GEORGE BENTLEY sworn.

I keep the White Swan, in Shoe-lane ; on the 27th of March, about nine in the morning, the prisoner came in, and called for a penny-worth of two-penny; he paid for the two-penny, and called for some bread and butter, but did not pay for that; he went away, and came back again, and changed half a crown, and paid for the bread and butter, then went into the back kitchen; the maid going backwards, saw the prisoner there, and cried out; upon which I went, and found the prisoner, and asked him, what he had got about him; he said, nothing but his own; upon which, one James Hyson searched him, and found four pewter plates under his left arm.

JAMES HYSON sworn.

I went out upon the alarm given by the maid, and found four pewter plates under his left arm; (the plates produced and deposed to;) but do not know the name on the plates, having taken them of the late landlord.

(The late landlord swore to two of them.)

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17880402-28

280. RICHARD THOMPSON was indicted for feloniously stealing, on the 2d day of February , two quart pewter pots, value 3 s. the property of Robert Barwell .

ROBERT BARWELL sworn.

I keep the Red Hart, in Shoe-lane ; I lost my pots on Tuesday last in the afternoon; the prisoner came in, and called for a penny worth of Hock; he drank that, and called for another penny-worth; he then went backwards and came into the tap-room, and paid for both, and went back again; I followed him, and found my property upon him; I took him into custody, and he delivered the pots up to me; my name is upon them.

PRISONER's DEFENCE.

I was drunk; I leave it to the mercy of the Court.

WILLIAM GRISTOCK sworn.

I was present in the tap-room, and saw the whole transaction; the prisoner was not drunk.

GUILTY .

Whipped .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17880402-29

281. EDWARD DENMAN was indicted for feloniously stealing, on the 3d day of March , one hundred pounds weight of lead, value 5 s. the property of Sarah Denman .

There being an error in the indictment, the prisoner was ACQUITTED .

The Court ordered Farmer to indict him again, and the prisoner ordered to remain.

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17880402-30

282. DANIEL CAMERON and JOHN DELANEY , otherwise BELLAMY , were indicted for burglariously and feloniously breaking and entering the dwelling-house of Edward Monk , about the hour of five in the afternoon, on the 6th day of March last, and burglariously stealing therein, four pair of stone knee-buckles, value 5 l. two snuff-boxes, value 2 l. 14 s. another snuff-box, value 1 l. 4 s. the property of Edward Monk .

EDWARD MONK sworn.

I live in Fleet-street ; I am a jeweller ; on the 6th of March, my man had been gone out about ten minutes; I had quitted my shop about five minutes to go into the back parlor; my man brought in the prisoner, with one pair of stone knee-buckles; there was only myself, daughter, and maid servant at home.

SAMUEL BRADSHAW sworn.

I went on business, and coming home, I saw Delaney take his hand out of the shop window, and put his hand in his pocket; the prisoner Delaney turned round, and saw me; then they both ran off in company together; I pursued them, and caught Cameron, the other ran on; I cried, stop thief! I delivered up Cameron to a man, while I pursued Delaney past St. Dunstan's church, and caught him in Chancery-lane, when one of the snuff-boxes dropt on my foot by my shaking him; I took him, and brought him to the other prisoner, and took them both to the shop, and searched them, and found none of the property; the snuff-box was given in my presence to the constable; it was my master's property.

CHARLES FAULDO sworn.

I was passing down Fleet-street; I saw Cameron drop a pair of knee-buckles; I picked them up, and gave them to the constable; they were dropped by Cameron.

WILLIAM MARCH sworn.

I am a constable; I took charge of the prisoners; I know nothing of the robbery, only that a pair of stone knee-buckles and snuff-box was delivered to me by Fauldo and Bradshaw.

(Produced and deposed to.)

Prosecutor. I know them by my shop-mark, which has remained on them ever since; the things before they were lost, were laying on the shop-window, not in the shew-glass, the glass was cracked by the prisoners; they had been seen walking past for two or three days before; the glass was cracked by one of the prisoners, who broke a piece out; it was not done five minutes after the prosecutor left his shop; the buckles were about four inches from the glass of the window, the snuff-box about five inches; I lost four pair of knee-buckles and three snuff-boxes.

PRISONER CAMERON's DEFENCE.

I was going out of an errand; I knew nothing of it, and was stopped, not knowing for what.

DANIEL CAMERON , JOHN DELANEY ,

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

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17880402-31

283. THOMAS CROSS was indicted for feloniously stealing, on the 3d day of March last, five iron bars, value 5 s. the property of Ann Withers .

ANN WITHERS sworn.

On the 3d of March, I lost the property in the indictment, between the hours of six and twelve at night; I think they were there about six, I know they were there before dark; I did not miss them before twelve; a gentleman who lodged in my house missed them; the house belongs to me; I know no more.

UZZIAH ALEXANDER sworn.

I am a patrol; about half past eight, going across Smithfield, I saw the prisoner with five iron bars coming out of Long-lane, going into Ship-alley; I stopped him, he said, he would tell where he had them, and pointed towards Smithfield; I went with him to the opposite side of the hospital; the prisoner pitched them nearly on my toes, and attempted to get off, but I stopped him; he then asked me to help him up with them, I would not, but seized him and the bars, and took him into the Lock and Key Wine Vaults, in Smithfield, he has been in custody ever since; Mr. Carter and I heard of the bars being stolen, and found that they belonged to Mrs. Withers, at the Cloister's, St. Bartholomew's hospital ; I matched them, and found they were taken from there.

SAMUEL ROBERTS sworn.

I took charge of the prisoner; I went and matched the bars, and have no doubt but they are Mrs. Withers's.

PRISONER's DEFENCE.

I found the bars in Smithfield.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17880402-32

284. ARTHUR WARD was indicted for feloniously stealing, on the 14th day of March last, one earthen-ware dish, value 6 d. and thirty-two pounds weight of salted butter, value 17 s. 4 d. the property of William Bedell .

WILLIAM BEDELL sworn.

On the 14th of March, the prisoner came into the shop, about a quarter before nine in the morning, and took a dish of salt butter from off the counter, and ran off; I cried out, stop thief! he dropped the butter; I pursued him, and took him; he never was out of my sight; my wife picked up the butter.

WILLIAM BELL sworn.

I saw the prisoner go into the shop, and take the butter, and carry it away.

ROBERT KNIGHT sworn.

I have known the prisoner twelve months, never knew any thing bad of him; he was a hard working man.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17880402-33

285. WILLIAM SAVAGE was indicted for feloniously stealing, on the 8th day of March last, one wooden firkin, value 3 d. and fifty-six pounds of salted butter, value 1 l. 8 s. and fifteen pounds weight of salted pork, value 2 s. 6 d. the property of Thomas Goodenough and Matthew Goodenough .

THOMAS GOODENOUGH sworn.

I am in partnership with Matthew Goodenough ; we lost some butter on the 8th of March, between five and six in the morning; I was informed of it by a watchman, who stopped the prisoner; I went with the watchman to the watch-house, where the prisoner was in custody; I found there, some casks of butter, with some cheese and pork; the prisoner had lived servant with us twice; he lived servant with us when he was ten years of age, when on account of his bad character, we sent him abroad, where he was seven years; he then returned and came into our service again.

RICHARD TINNEY sworn.

I am a watchman; about a quarter after five in the morning, I saw in a dark alley, the property; I examined it, and found it to be butter; I went to the watch-house, and returned, and found that it was all gone; I then returned to the watch-house, and found another watchman, and upon going back to the place, saw the prisoner, and stopped him with butter and pork; examined him, and took him to the watch-house and detained him; we found it was Mr. Goodenough's by the mark; the prisoner confessed it, and wanted to be let go; I asked him where the rest of the goods were, he would not tell us; they then went out and found three more; he then acknowledged the robbery, and that it was his master's, that he got in by a ladder, and that one Rosaman, a watchman, of Bishopsgate-ward, assisted him, and that he brought it out at the back door; Rosaman was taken up and discharged.

Thomas Goodenough . When the prisoner was taken up, he sent his sister-in-law to endeavour to stop his being prosecuted.

(The butter produced and deposed to.)

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17880402-34

286. MARGARET CARTER was indicted for feloniously stealing, on the 26th day of March last, one pair of silk and cotton stockings, value 5 s. the property of Joseph Fielder and Thomas Broughton .

JOSEPH FIELDER sworn.

I keep a hosier's shop in Fleet-street ; my partner's name is Thomas Broughton ; on the 22d of March about two o'clock, a pair of stockings was taken through the window.

SAMUEL WELLS sworn.

I am apprentice to Messrs. Fielder and Broughton; upon the alarm being given of the robbery, I ran out of the shop, and saw the prisoner cross the way; I followed

her, and stopped her, and found the stockings in her hand.

(The stockings produced and deposed to by Mr. Fielder.)

GUILTY .

Privately whipped and imprisoned twelve months .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17880402-35

287. SARAH MAYES was indicted for feloniously stealing, on the 25th day of March last, two pewter plates, value 1 s. and one linen handkerchief, value 1 s. the property of Richard Sheffield .

MARY SHEFFIELD sworn.

I am wife of Richard Sheffield ; on Tuesday, the 25th of March, I lost two pewter plates and a linen handkerchief; the prisoner had worked for me about five months, during which time I lost several things, particularly pewter plates, and having some suspicion, I counted them the night before the prisoner came into the house; there was eighteen of them; she came on Monday night, the 24th, to wash for me; on Tuesday in the afternoon, I missed two plates; I desired the servant, if she saw the prisoner go out, to watch her; she did, and saw her go into an old iron shop, in White's Alley, Chancery-lane; I immediately sent for a constable, and sent him to the woman who keeps the house where the prisoner went; he came back, the woman was called up, and in her pocket, a pocket handkerchief of mine was found; the servant's name is Roberts.

WILLIAM MARSH sworn.

I am an officer in the parish of St. Dunstan's in the West; Mrs. Sheffield informed me of the robbery, and where the plates were carried; I went and asked, and found the plates in White's Alley; the woman's name is Mary Strickland .

MARY STRICKLAND sworn.

I received the plates of the prisoner; Marsh the constable has had them in his possession ever since.

(The plates produced and deposed to.)

Prosecutrix. They are marked T. B. H. and I. I. W.

GUILTY .

Privately whipped .

Tried by the London Jury before Mr. Justice ASHURST.

Reference Number: t17880402-36

288. JOHN GILBERTSON and WILLIAM LAVERIDGE were indicted for burglariously and feloniously breaking and entering the dwelling-house of Levy Samuel , about the hour of nine in the night, on the 1st of April , and burglariously stealing, six coats, value 5 l. four pair of cotton breeches, value 10 s. two pair of cotton trowsers, value 4 s. one other pair of trowsers, value 2 s. three waistcoats, value 8 s. two shirts, value 2 s. a cotton shirt, value 1 s. a cloth jacket, value 4 s. his property .

HANNAH SAMUEL sworn.

I am wife of Levy Samuel , we keep a clothes-shop in Rosemary-lane ; last Tuesday, the first of April, I sent my daughter out of an errand between eight and nine o'clock in the evening, I reckon she was gone near half an hour when she returned; when she came into the house, she screamed, and cried out, murder! thieves! we are undone! when I let her out, I locked the door, it has a spring lock, and bolted it; we have two half doors; I arose immediately upon her coming in, and took the candle in my hand, and I saw a man near the street door; she picked up these clothes; I came out of the kitchen; he had these clothes with him, clasped under

his arm; I seized him by the two hind flaps of his coat; he would get out with them whether or no, but I laid hold very fast; somebody came in and then he dropped the clothes; he left them within, near the door, quite close to the street door; he knocked down my girl, who made a great noise at the street door, and he ran away; she got up again, and screamed out again.

Who was it that had the clothes in your house? - John Gilbertson , he is the man; I never saw him before; I had plenty of light; I held him upwards of five minutes, by the flap of his coat; I am sure that is the man; the boy pursued after him, and brought him back, and when he came back, he said, if you do not let me out of these windows, I will cut you.

How long was it before he was brought back? - Within a few minutes; I cannot justly say to the minute when he was brought back; he went behind the counter, and wanted to get out of the windows, and he drew out a knife, and said, if you do not let me out of that window, you Jew b - gg - r, I will cut your b - y melt out; it seized me so, that I have never been right since; then we sent for a man belonging to Mr. Staples's office, and he took him into custody, and we kept him behind the counter; and when he was gone, we found some matches broken to pieces, just by where he stood.

Did you see any thing of William Laveridge ? - No, I did not see any thing of him.

ROSY NATHAN sworn.

(The witnesses were examined separate by desire of the prisoners.)

Mrs. Samuel is my mother; my mother sent me out to see where my brother staid; in about half an hour I came in, and found the door open, and this man got the clothes almost to the door, and I screamed out, murder! thieves! and I am sure of the prisoner Gilbertson.

Was not you monstrously frightened? - Yes, I was.

Did you take much notice of him? - Yes, that is the man, because I stood at the door, and would not let him come out, and he knocked me down, and run away, and my brother run after him, and brought him back; there were two more men rather near; my mother came out directly, and I cried out, and laid hold of him by the skirt, that was before I was knocked down.

HENRY NATHAN sworn.

I am brother to the last witness; I was standing at a neighbour's door, and I heard my sister cry out, murder! thieves! and seeing the prisoner Gilbertson come out of the shop; I pursued him, and as I pursued him, he dropt a whole bunch of keys; as soon as I collared me, he fell down, and I fell upon him; the people came and assisted me; I carried him back to the shop; I saw the other prisoner lurking about the door, that was the same man; I had seen them frequently up and down the street; I saw him at the door when I was running along after the prisoner; when I brought the prisoner Gilbertson back, he drew a knife, and got behind the counter, and said, you bl - y Jew b - gg - r, I will cut your melt out, if you do not let me out; then he got under the counter, and was breaking some matches, which I have in my pocket; (produced;) says I, you have something else about you; he gave me his tobacco-box, and I gave it him again; and about fifteen or twenty yards off, as we were going along, he pulled his tobacco-box out, and dropped it, and when we took it up, it was full of tinder; then we took him to the watch-house.

GERARD PROUDFOOT sworn.

Mr. Nathan's son and me were standing talking on the first of this month, between eight and nine, at a neighbour's house, nearly opposite to where the fact was committed; we heard the alarm of murder! thieves! and we saw the prisoner Gilbertson rush out of the door; I am positive

it was him; he was not ten yards from us; we brought him back to the house; as I went along, I heard something jingle which fell from him while he was running; we brought him back.

JOSEPH WEST sworn.

I am the constable; on Tuesday night, about nine, I was sent for, and apprehended the prisoner; he went with me very willingly; about twenty yards off, he threw away a box, which I supposed was a tobacco-box; it was picked up, and given to me, and it was full of tinder; this is his knife; (produced;) the other man was taken up next morning upon suspicion, standing at the door, but I did not see him.

(The things produced.)

Mrs. Samuel. These are the things he dropt in the passage; they are all marked; they are my husband's property.

You said, when your daughter went out, you bolted the door on the inside, and locked it? - Yes.

Rosy Nathan. I found the key very near half a yard from the door, laying just by the counter; it was the key of my own door; it was in the inside.

Court to Mrs. Samuel. Had you left the key in the door? - Yes; the key is always in the door, on the inside.

How did the man get in? - By some false key.

How could that undo the bolt? - There are two doors; the bottom door has three bolts, two at top, and one at the bottom; I never stand to bolt the bottom bolt, till we go to bed; the lock belongs to the top door; they can open the half hatch with their hands.

Had any body gone into your house, or out of it, after your daughter went out, till she returned? - None at all; we had nobody in our house but me, my husband, and my daughter, or else I could not have been so sure.

PRISONER GILBERTSON's DEFENCE.

I was coming from Tooley-street, and just at the bottom, I heard the cry of stop thief! and I saw that man in the green striped coat come up to me; and he said, who are you? are you not the person that robbed me? no, says I; then he struck me over the nose, and called another man; I went back with them both; they would not search me till the constable came, and he took me into custody; I know no more of it than the child unborn; this man was not with me, and I believe he knows no more of it than the child unborn.

JOHN GILBERTSON , GUILTY , Death .

WILLIAM LAVERIDGE , NOT GUILTY .

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

Reference Number: t17880402-37

289. PHILIP INWOOD was indicted for feloniously stealing, on the 10th day of March last, two calico shirts, value 3 s. three neckcloths, value 6 d. two pair of stockings, value 1 s. two handkerchiefs, value 1 s. and a variety of other things , the property of John Raymond , Esq .

(The Case opened by Mr. Silvester.)

JAMES KELLY sworn.

I am servant to Mr. John Raymond , he lives in Bedford-square ; on the 7th of March, I was laying the cloth in the parlor, I looked through the front window, and saw the prisoner going up the area steps, with a bundle of clothes under his arm; I saw he went the contrary way to where the washerwoman lived; these things were packed up for the washerwoman; he went Gower-street way; I came down stairs, and met the cook, and asked her, if the washerwoman had taken away the clothes? she said, she could not say; I went up the area steps to see which way he went; he turned out of Gower-street into the fields; the maid, who is here, told me, to follow him, that she believed he did not belong to the washing;

I followed him; I took him at the back of the Duke of Bedford's house; I asked him how he came by the clothes? he said something, I cannot tell what; he let the clothes drop, and endeavoured to make away; I laid hold of him; he said, he was a man out of business, and had a wife and family, and begged I would let him go; I told him, I would not by any means; he endeavoured to get away, but I brought him and the clothes back to Mr. Raymond's house, and he was put into custody.

Court. How long might it be from the time of your first seeing him go up the area steps, to the time of your seizing him? - I came down stairs from the parlor and met the cook; the cook went to the woman; I followed immediately; I cannot say how long that took up.

Are you positively sure he is the same man that you overtook in the fields with the linen? - I took notice of him.

Do you undertake to swear that he is the same man? - I am very sure he is the very same man that I took with the clothes, and brought back to my master's house; he came with me very easily.

EDWARD TREADWAY sworn.

I took him into custody; he behaved very civil and quiet.

- SIMCOCK sworn.

I am house-maid in this family; (deposes to the things;) I looked all the things out.

Are they worth half a crown? - Yes.

PRISONER's DEFENCE.

I was coming along Bedfore-square, in the afternoon, going to seek for work, and the area gate was open, and a woman called me down and asked me to do a job, and said, she would give me six-pence to carry that bundle to Devonshire-street, Queen-street; I followed her, and he came and took me; I told him that woman before me, offered me sixpence and a pint of beer to carry it; the woman ran on when he took me.

GUILTY .

Transported for seven years .

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

Reference Number: t17880402-38

290. JAMES HOLDING was indicted for feloniously stealing, on the 27th day of March last, twenty-four desert knives with silver handles, value 27 s. twenty-four forks, value 13 s. a brass knob-lock, value 7 s. five iron locks with brass knobs, value 14 s. five ditto with brass rings, value 16 s. one iron lock, value 6 s. 6 d. two pair of scissars, value 2 s. six table-knives, value 2 s. six table-forks, value 1 s. 6 d. a copper sauce-pan, value 7 s. a thousand iron nails, value 2 s. six base-metal spoons, value 2 s. twelve iron screws, value 12 d. a grate, value 16 s. the property of John Roberts .

And WILLIAM JONES and ELIZABETH JONES were indicted for feloniously receiving the same, knowing them to be stolen .

(The Case opened by Mr. Silvester.)

JOHN ROBERTS sworn.

I am an ironmonger , in Oxford-road ; the prisoner Holding was my porter , four years; the prisoners, Jones and his wife, kept an iron-shop , in Berwick-street; I missed property at several times, but could not tell how it went.

- ADAMS sworn.

I am an iron-monger in Grafton-street, Soho; being informed Jones sold things very cheap, I looked in at his shop, and saw a dozen of green handle knives and forks; I asked the price of them, he told me, 7 s. 6 d. I offered him 7 s. being sure they were stolen; the wife told me, I might have them.

Was William there? - Not that I know of; I paid 7 s. for them; I took them with me to the Court of Conscience, there I examined them; I found the name of Roberts on the blade; I immediately went up to Mr. Roberts, and informed him, I was afraid some of his servants had robbed him; Holding was ordered up stairs, and Mr. Roberts and I taxed him with stealing the knives and forks, and selling them; I did not shew him the knives at first; he denied any thing about the matter first; when I pulled the knives out of my pocket, I told him, there they were, and we should produce evidence to prove that he had sold them; I said, it does not signify your denying the fact, for here is the knives you sold to the woman; the woman is coming up, and you might as well say what you had for them.

Did you tell him any thing more than that? - No.

What did you mean by might as well? - That he might as well tell the truth as not, as it would come out.

Did you tell him it would be better for him? - No, I did not; he said, the woman gave him half a crown for them.

What is the real worth of them? - Fourteen shillings; I told him, I thought he had robbed his master of a great many more things, and he said, he never took any thing else, but a quarter of a thousand of ten-penny nails; I asked him, what she gave for them? he said, she generally gave two-pence a pound; when he was before the Justice, there he made a confession, which was reduced into writing.

Was any thing more said to him to induce him to tell the whole truth? - His master said, before he went before the Justice, if you want any mercy shewn you, tell the whole truth.

Court. Then you need not look for the confession? - At the Rotation-office, the woman said, it was false what he said, for she was to give him four shillings and sixpence for the knives.

(The knives deposed to.)

Prosecutor. They are stamped with my name in a very particular direction, contrary to what they are stamped in general; the man who made them, made a mistake in stamping them.

Court. Had Holding seen the knives, when he said he sold them for two shillings and sixpence? - Yes, I had pulled them out of my pocket.

Prosecutor. I afterwards got a warrant and searched Jones's house; there I found sundry locks, they are here; I think they are eleven or twelve; there is a mark on the papers, which I am sure is my man's marking; I found them at Jones's, on his shelf; we searched Jones's house the same morning Mr. Adams came to me, that was last Friday; one of the locks was a lock of the same principle as I found, only with iron wards, instead of copper wards; and one that was within the paper, had the key broke; I found two pair of scissars, I cannot swear to these; I found a dozen knives and forks, I cannot identify them; the prisoner Jones and his wife were both at dinner when we went in.

Did the prisoner Jones say any thing about them? - He said, he had nothing, nor knew any thing about them; he said, he was often out, and he believed when his wife bought any thing, she put it out to sell.

Court. How many of the knives that were stamped in this way? - Three dozen, I have the other two dozen in my possession; I never sold any of these stamped in this manner, I am positive of that; I searched the prisoner Holding's lodgings, and there I found a thousand of nails, and two sets of iron screws, half a dozen spoons, and a grate, has my shop-mark upon it, in my own writing, and the screws have my shop-mark upon them, the spoons have not.

What is the value of the grate? - I think it cost me fifteen shillings and nine-pence; there were fourteen or fifteen screws, about two shillings value.

How did you know it was Holding's

lodgings? - It is within a very few doors of my house that he lodged; he took us to his lodgings.

PRISONER HOLDING's DEFENCE.

I have nothing to say.

PRISONER JONES's DEFENCE.

I know nothing about it; I never knew any thing of the man in my days.

ELIZABETH JONES 's DEFENCE.

This man came to me about two months ago, and asked me to buy a lock; I thought by its being dirty, it was an old lock; he pulled it out of his pocket, it was in paper; he said, he kept a shop of his own, and had sailed a little, and came up to London, and what little he had, he should sell; he had more of the same; I gave him three shillings for it; he came again at night and brought another; I gave him half a crown for that; I bought twelve locks of him: the last I bought of him was green handle knives, I put them at the door directly in the paper; that gentleman came by, and asked me the price; I told him, seven shillings and sixpence; (I gave four shillings and sixpence for each dozen of knives;) he offered me seven shillings, and I took it; these locks were all at the door; he told me, they were all his own property; the marks were on them; there came a shower of rain, I took these locks in and the knives; we were set at dinner; this gentleman came in, and asked me, if I had sold them knives to-day? I told him, yes; he asked me, if I had any more? says he, here is a dozen more; he said, did not you buy them of a squinting man? I was surprised, and said, yes; I said, I had bought some locks of him; they were on the shelf, and the gentleman said, they are mine; he took them all away; I was innocent of their being stole, as the child that is sucking at my breast; I never would have bought them for my family's sake.

Court to Roberts. It is true what she says? - She never told us of the knives till we found them, or the locks; I found them on the table or the dresser, but she never told me there were such things.

Did you ask her, whether she ever bought any other things of that man? - I do not recollect.

Prisoner William Jones . I could have all the parish come to my character; I am an officer of the parish; instead of encouraging such a thing, I should have stopped it.

Court. Their trial was not in the list to day, and they requested we should put it off.

Court to Roberts. What is the marks on the papers in which the locks were? - A description of what the locks were; likewise a card which was tore at the office; it is my shopman's hand-writing.

JAMES HOLDING , GUILTY .

Transported for seven years .

WILLIAM JONES , ELIZABETH JONES ,

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17880402-39

291. JAMES CHEEKLEY was indicted for feloniously stealing, on the 21st day of March last, eleven pounds weight of beef, value 3 s. the property of Thomas Blackwell and Richard Morgan .

The witnesses called on their recognizances, and not appearing, the prisoner was ACQUITTED .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880402-40

292. THOMAS MATTHEWS was indicted for feloniously stealing, on the 18th day of March last, a live boar pig, value 4 l. three live sow-pigs, value 8 l. the property of Thomas Alsop .

THOMAS ALSOP sworn.

I live in Mary-le-bone and keep pigs ; between the 9th and 10th of March, I lost a boar pig, and three sows from my yard; I believe I saw them on the 9th about twelve, I have not seen them since; on Monday, a person came to inform me that a man was selling some pigs of mine; I went to look at them, and found three of my pigs in the pen; I can swear to the boar, but not to the sows.

RICHARD STILE sworn.

I bought a sow pig of the prisoner, on Monday, the 10th of March, about nine in the morning, in Smithfield; the prisoner told me, it was his brother's, and that his brother was in the Small-pox-hospital; since that, I have found it is the contrary; the pig was taken from me by the last witness on the same day; the prisoner had two more sows, and a boar.

Did you see Alsop, at Smithfield, when he saw the pigs there? - Yes.

Were these three pigs the same as the prisoner had when you bought that sow of him? - Yes, I am sure of that.

Alsop. When I went to look at the pigs, he was at the pens, and he was

going to run away; he was at work for me the day before they were lost.

PRISONER's DEFENCE.

John Tanner hired me to drive the pigs to Smithfield, and to sell them.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880402-41

293. MARY WINSFIELD and MARY FLANNAGAN were indicted for feloniously breaking and entering the dwelling-house of Saul Lyons , about the hour of five in the afternoon, on the 31st of March , no person being therein, and stealing three mens hats, value 9 s. his property .

SAUL LYONS sworn.

I live in Whitechapel, in Three Crown-alley ; last Monday, in the afternoon, I went out about four, nobody was in the house; it has only one door; I fastened that and the windows; when I came back at five o'clock, I found the window open, and a pane of glass out; I missed nothing but three hats, which were laying on the window-bench; in the middle of Rosemary-lane, I found Joseph Levi , with the hats, and stopped him, about six in the evening, I went with him to the house where the good women were, and then to the Rosemary-branch, where we found the prisoners; we laid hold of them directly, but they were all against us, one was rescued.

MOSES BENJAMIN sworn.

I apprehended the prisoners when they came out of Rosemary-lane; one of them I knew; says she, Mr. Benjamin, I will go with nobody but you, you are always a friend to me; she said, at first, she knew nothing about it, that was Mary Flannagan ; I knew her a child, the other ran away; the next day the other girl was taken by Mr. Whiteway, then they confessed when they were at the Justice's.

Did the Justice tell them it would be better for them to tell the whole truth? - Yes.

You heard the Justice tell them so? - Yes.

Then you must not tell us what they said.

JACOB LEVY sworn.

I am a dealer in the fair; the prisoner, Mary Flannagan , sold me two hats for 6 s. 6 d. about six in the afternoon; about ten minutes after, I heard a noise, and saw Lyons; I told him I had bought them; we searched for them, and found the two prisoners, the other prisoner was with Flannagan when she sold the hats; the other woman asked me to buy them.

You are sure of that? - Yes; Flannagan had the hats, and I gave the money to Flannagan.

Was any body by when you bought them? - No, Sir, it was an open fair.

PRISONER WINSFIELD's DEFENCE.

I deal in Rosemary-lane; last Friday, I met a man with a blue jacket and a pair of of trowsers; he shewed me these hats; I bought them of him for 5 s. 6 d. and I met Levi, and asked him, if he would buy them; I asked him half a guinea, he offered me 6 s. this woman said to me, take it; no says I, I cannot take it; he offered me 6 s. 6 d. and I let him have them; there was a man coming along that deals in Rosemary-lane, and saw me buy them, as well as Fitzgerald.

THOMAS FITZGERALD sworn.

I am a taylor, and live in Rosemary-lane; I do not know the prisoners; I come here to prove that I was selling in Rosemary-lane.

When was it? - I cannot say to the day, I believe it was Wednesday, about five in the afternoon; there was a man in a blue jacket, and a dirty pair of trowsers; he asked me to buy three hats; he asked me 8 s. I would have no dealings with him;

these two women were standing by me, they spoke to him; they offered him 5 s. one of them offered him 5 s. 6 d. I saw the money paid down; the women took the hats and went off; and afterwards, I do not know what became of them; I had a bundle of clothes across my arm at the time.

Are you sure what day it was this week? - I cannot rightly say.

What day is this? - Friday.

Was it yesterday? - No.

Was it the day before that? - No, Sir, I believe not.

How many days ago was it? - Two or three to the best of my knowledge; it was on Wednesday or Thursday.

Did you know these women before? - No, Sir, they are strangers to me; I have seen them in the fair several times dealing.

Did you know their names? - No; I did not.

Should you now know their names? - No, Sir, I cannot say I do.

What brought you here? - They wrote to me; I have no acquaintance with them, nor they with me.

Did they know your name? - I cannot say they did.

How did they send to you? - They heard me speak of it, and I received a letter from one of the women, they seeing me along-side.

How did the women know who you were? - They knew me dealing in the lane; I cannot say how they could send to me; they sent down to the public-house as nigh as I can guess, where I use; the people of the house know my name; they sent a bit of a note.

Have you that bit of a note? - No, Sir; I read it and threw it away.

Levi. This very man rescued the prisoner away; he lives with one of them? - No; I do not.

Constable. I am a housekeeper in that parish twenty years, and I know this man lived with Mrs. Flannagan every day, and he rescued her, and he had a scratch in his face.

Witness. I declare to God! - I live with the woman! - I can stand to my character that I do not live with her!

Court to Lyons. Did you find how any body got into this house? - No; I found the window open.

How could the people get into the house? - It was done through the window; the pane of glass was just broke to open the latch within-side.

You are sure that window was shut when you went out? - I am quite positive of that, and the hats were on the window-seat.

MARY WINSFIELD , MARY FLANNAGAN ,

GUILTY, Of stealing to the value of 4 s.

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880402-42

294. SARAH SMITH was indicted for feloniously stealing, two silk handkerchiefs, value 5 s. and eight yards of ribdelure, value 16 s. the property of James Thomlinson .

JAMES THOMLINSON sworn.

The prisoner was my servant ; on Thursday morning, there were twelve yards of a piece of linen that I missed put down the area window, the prisoner was still in my service; these goods that I found, I kept; I carried them up; I did not know which way they went; the morning following, between seven and eight, she ran away from my service; we found her the Monday following; I told her, she must go to my house, and then I asked her how she could rob me in the manner she had done? she said, it was distress that drove her to it.

Did you make her any promise if she would tell of the whole? - No; I told her

she had no occasion to be distressed, as she might have had her wages every evening; she came to my house, and pulled out a vast number of duplicates of what she had pawned and pledged, and others, she said, she had pledged without duplicates; I suspected it must be some of my family that had robbed me; as I had had a good character of the prisoner, I did not suspect her; I had gone over all the house, and examined the things carefully, and all my family knew of my loss.

BARTHOLOMEW CONELLY sworn.

I only swear to the property; I know nothing of the robbery; I am son-in-law to the prosecutor.

HILL GORDON sworn.

I produce eight yards of ribdelure; I received it of the prisoner, the 21st of December; I am sure it was the prisoner; I have been acquainted with her eight years; she had a good character; I knew she had left her place, and I asked her who the goods belonged to; she said, they belonged to Mr. Riches, No. 4, Leicester-court, in the Strand; she said, if I had any doubt, I might soon stop her; she said, she lived servant there.

(Deposed to by the Prosecutor.)

Conelly. I know this to be my father's property by the piece in the book, and the selvage being torn off.

(Shewn to the Court.)

Is not there a thousand yards of this in London? - Yes.

How do you know it from any other piece? - By the pattern.

Does not that pattern fit with any other piece? - No, I do not think you could match it exactly in colour.

What reason have you to think so? - Because we have a hard matter to match them ourselves; I have the duplicate of the piece of goods which she delivered to me; (the duplicate shewn to the Court;) I am sure and positive she said it was my property, and gave me the ticket of it.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880402-43

295. PETER HEBERT was indicted for stealing, on the 21st of January , three Italian books, two French books, a German book of Natural History, a Persian manuscript, and a variety of other books, value 3 l. the property of Samuel Hayes .

SAMUEL HAYES sworn.

I am a bookseller in Oxford-street , I discharged the prisoner from my service on the 21st of January last.

How long had he lived with you? - From the 6th of September, 1787, to the 21st of January, 1788; he went from me into the service of Edward Jeffery, who is here; upon Sunday the 16th of March, Mr. Jeffery desired me to come to his house, if I wished to inspect the prisoner's boxes, for he had discharged him suddenly.

Jeffery is a bookseller? - He is a bookseller.

Did you look at his box? - His box was opened by himself in the presence of Edward Jeffery , John Deighton and me.

What books did you find there? - The books mentioned in the indictment were found at several places.

Point out the books you found at each place? - I have mixed them, I can separate them, some of them at least I can swear to.

How do you know which you have found in the box, if you have mixed them? - Only from memory; I am rather at a loss, I must go to the place where I found some others; there was another box at Mess. Elliot and Kays, whose service he went into from Jeffery's, there I found some others of the books.

Can you swear to any you found at Jeffery's? - I cannot.

After you found some books you supposed to be your's in the box at Jeffery's, what did you do? - We went to another bookseller in Russel-court, the prisoner informed us he had sold some books in Russel-court.

Tell us what passed at Jeffery's? - The prisoner was with him, and opened his box, we suspected he had taken others, and asked him what he had done with them.

Was any promise made to him to induce him to confess? - Not a word on that head.

What did he say? - He acknowledged he had sold some books to Mr. Hamilton in Russel-court.

Did he say any thing of any other place? - Yes, he told us there were some books of mine at another bookseller's, Mr. John Cuthell's, in Middle-row, and that there were some at Mr. John Bamfield 's, in Old Round-court, in the Strand.

Any where else? - At his own father's lodgings, but I cannot ascertain the books; I went to Hamilton's, there I found this book entitled, Le Triomphe de l'Amonr.

Did you find any other that you know to be your's? - Hamilton brought this book to me; (Producing it.) I found these four books which I have in my hand at Mr. Cuthell's.

(Producing a Latin, a German, and two Italian books; all of which except the German book, which was a Natural History of Binds, appeared to be wrong described in the indictment.)

Are you sure that German book is your property? - Yes, it has my private mark in it; I make a private mark at the end, and my shopmen copy that mark at the beginning when my catalogue is printed; I don't know whether there is not the name of the person I bought it of in Germany in it, Peter Honeyman .

Do you know it by that mark? - Yes, any mark has been erased; I found Hervey's Meditations, 2 vol. at Bamfield's, I know them by my shopman's mark at the beginning; I knew it at first sight by the binding and every thing.

Is that duodecimo? - No, it is crown octavo.

I should take it to be duodecimo from the size? - There are eight leaves in the sheet, it is a pot octavo.

Court. That is wrong described in the indictment, it must be laid out of the case: did you find any other book at Bamfield's? - I believe I must let the remainder of the books found there remain, because they were brought to me by Bamfield; at his father's lodgings I found two books which I have here.

EDWARD JEFFERY sworn.

Was you present when Mr. Hayes came to your house? - Yes.

Did you hear the prisoner say any thing about any books to Mr. Hayes? - Yes.

Was there any promise of favour made him? - Only I wrote to him, and desired him to fetch away his box, and said it was probable he would have more favor than he deserved, I found a book of mine in his box, and then sent for Mr. Hayes and Mr. Deighton.

Can you specify any of the books found at your house by Mr. Hayes? - Yes, this book I know it by the title, I saw it taken out of his box, I asked whose it was; he said it was Mr. Hayes's.

Mr. Hayes. That is my property, it is in the indictment, there is my private mark in it, an I and a cross, and an O and a cross.

ALEXANDER HAMILTON sworn.

I bought this book (producing the Triomphe de l' Amour) from the prisoner about five weeks ago, it has my mark in it.

How do you know it is the prisoner you bought it of? - I recollect the circumstances very well; I bought this Persian manuscript also of the prisoner.

Mr. Hayes. This Persian manuscript is my property, I know it by the mark 1 l. 16 s. at the beginning, and by the title

of it; the mark is my shopman's, I know the writing and can swear to it, it was late the property of the Hon. Sir Edward Wortley Montague.

Were the leaves cut in this manner? - They were, I do not know with what intent.

JOHN CUTHELL sworn.

I had this German book of the prisoner.

(Producing it.)

Do you recollect about what time you had it of him? - It might be three weeks ago, it is less than a month.

(Deposed to by Mr. Hayes.)

PRISONER's DEFENCE.

When I took the books, I did not take them with a view of making a property of them; I took them to my father's to have the pleasure of reading them, and gave him to understand that I had perquisites, and had bought some of them.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880402-44

296. FREDERICK SOLOMONS was indicted for stealing, on the 19th of March , seven paintings on glass, framed and glazed, value 8 s. the property of Thomas Hooker .

THOMAS HOOKER sworn.

I am a broker ; on the 19th of March I heard a great noise at the door, I went and found the prisoner in custody with the paintings, I sent for an officer and gave charge of him.

EDWARD MAYFIELD sworn.

On the 19th of March I saw the prisoner and two other persons walking past the prosecutor's door several times, I saw one of them take the paintings off the window, and give them into the prisoner's apron; they ran off, I ran after them, and laid hold of the prisoner, and he dropped the things.

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

PRISONER's DEFENCE.

A young man asked me to hold the pictures while he buckled his shoe, I took them into my apron and ran away, I called after him, and as I was going after him this man laid hold of me; I am as innocent as a child unborn.

The prisoner called three witnesses who gave him an extraordinary good character.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17880402-45

297. ANN HART was indicted for stealing, on the 23d of March , 13 s. 6 d. in monies numbered , the property of Thomas Cooley .

THOMAS COOLEY sworn.

On Easter Sunday, about eleven o'clock in the morning, I was at the Bull's-head, Newtoner's-lane , I was counting my money on a table, it was thirteen shillings and six-pence, the prisoner came behind me, and swept the money into her hand, and ran into the street with it.

Was you sober? - I cannot say I was, nor I cannot say I was in liquor, I was merry.

Did you get your money again? - No, I took her the same night.

PRISONER's DEFENCE.

On the Sunday the prosecutor was so much in liquor he could not stand, he stripped himself to fight with a man; in pulling off his clothes his money fell about the floor; at night he was rolling about the

floor, he said he had lost his money, then he said I took it off the table; the next day he offered a woman eighteen-pence to swear I took it; and she said she would not forswear; I am as innocent as a child unborn.

NOT GUILTY .

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

Reference Number: t17880402-46

298. SARAH DOVER , otherwise DORVER was indicted for stealing on the 24th of March , a guinea , the money of Elizabeth Holman .

ELIZABETH HOLMAN sworn.

I live in Chapel-street, St. Ann's ; on Easter Monday I went out and locked the room-door; when I came home again I found my drawers broke open; and I missed a guinea, which I had laid by to pay my rent, I had seen it about an hour before, I had brought the prisoner up from a child of four years old; one of the witnesses saw her open the door.

MARY SOUTHALL sworn.

I live in the same house with the prosecutrix; on Easter Monday, about six o'clock in the evening, the prosecutrix was gone out, and the prisoner came home; I desired her to come up and stay till her mother came home; she always called her mother; she said no, she would sit upon the stairs; I went into my own room, presently I heard a noise, I looked out, and she had the door burst open, I went down stairs, and staid till the prosecutrix came home, I would not suffer any body to go up stairs.

CHARLES ELLIOTT sworn.

I took the prisoner, I asked her what she had done with the guinea; she denied it first, at last she said she had it, but did not know what she had done with it.

Prosecutrix. I asked her how she came to rob me; she said she did take it, but would never tell what became of it.

PRISONER's DEFENCE.

The gentleman that took me, told me, if I would confess to my mother I took the guinea, I should not go to Newgate; I told him on that account.

NOT GUILTY .

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

Reference Number: t17880402-47

299. MARY CLAYTON was indicted for stealing, on the 17th of March , seventeen yards of printed cotton, value 20 s. the property of James Potts .

JAMES POTTS sworn.

I keep a linen-draper's shop ; on the 17th of March a person informed me that the prisoner had stole a piece of cotton from my door, I pursued her and took her; I asked her what she had got, she said nothing; I lifted up her cloak, and found this piece of cotton.

(Producing it.)

Prisoner. The Justice asked him if there was any mark upon this cotton, he said no; and the Justice bid him put a mark upon it.

Is there any mark upon it? - Yes, the shop-mark, which is upon all my property.

JOHN DAVIS sworn.

I saw the prisoner take the cloth from the prosecutor's shop door, and put it under her cloak, and I informed the prosecutor of it.

PRISONER's DEFENCE.

I was standing the corner of Duke-street, with a barrow, I saw the cloth laying in the street, and I took it up.

GUILTY .

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

[Transportation. See summary.]

Reference Number: t17880402-48

300. WILLIAM JAMES , alias LEVI , ANN ALLEN , and CATHERINE HEYLAND were indicted, for that they, on the 7th of March last, one piece of false, feigned, and counterfeit money and coin, to the likeness of one shilling, falsely and deceitfully, feloniously and traiterously, did forge, counterfeit, and coin .

A second Count for coining a six-pence.

(The witnesses examined apart.)

(The Case opened by Mr. Silvester.)

EDWARD TREADWAY sworn.

I am a constable of St. Giles's parish, I went with Freeman, Meecham, and Mr. Clarke, on Friday the 7th of January, about eleven in the morning, to No. 1, in Weston's Park , to the house of one Mr. Bridgin, I received information that there were some coiners at work in the fore-garret; the information was, that the door was fronting the stairs, and he went up, I went to look through the key-hole but it was stopped and blinded up, I could not see through, but I heard two people talking; Freeman being close to me he was going to break it open, I told him to stop a bit, I would try if I could open it without, I turned the latch of the door, and the door came open; I went directly in, and against the window of the right-hand side stood James, close by Catherine Heyland , face to face.

Prisoner James. I wish that man would describe Heyland's dress when he came into the room; whether she had a hat or a bonnet on? - I cannot say to her dress, the other officers can give more information of that, the prisoner James was rubbing something in his fingers; I catched hold of him by the left arm, and what he was rubbing, he put into his mouth with his right hand; I said to Freeman, he has put it into his mouth; Freeman seized him by the jaws, and squeezed him, but all we could do, we could not get it out of his mouth, he swallowed it; I desired Meecham to hold Heyland fast, while Freeman and me held James; after a good deal to do, we got him on the ground, and tied his hands together; then we made him stand up; this is what we found that laid in the window; this saucer with wet sand, this saucer, with all these six-pences, all wet; I believe they call it pickle, but Mr. Clarke will describe it; this pipkin had two six-pences in it that are finished, and some water; this file and some scowering paper, a piece of cork with some black stuff, a pair of pliers, and five sixpences rolled up in this paper; them I found all laying in the window, close by James and Heyland, in this garret, put at top of the drawers; when we had been in the room about ten minutes, the prisoner Allen came in, she had in her lap a clean shirt or waistcoat, or something for James I believe it was; I directly took and searched her, and in her pocket I found this money.

Prisoner James. Which pocket did you find them in? - I believe it was her right-hand pocket, but she had undressed herself, and I catched fast hold of her pockets, and I made her untie them before I searched them; in searching the room, I found a crucible by the fire-side; I made a further search a day or two after, and over the garret window, outside, between the cieling and the roof, I found this part of a fossil, and these boards belonging to the flask were found in a box.

Prisoner James. What day did you find them? - On the Sunday morning, and this was concealed between the windows and the roof, that is the metal; the landlady was present, and saw us find it.

Prisoner James. Was there no other sort of tools that you found? - There were plenty of tools in drawers, something like watchmaker's tools; this file laid in the window.

Prisoner Heyland. How was I dressed? - I believe you had a bonnet on, I was not much attending, I do not speak much about you.

JACOB FREEMAN sworn.

I went in company with Treadway, Meecham, and Mr. Clarke, to Weston-park, on Friday the 7th of March, about eleven in the morning; when I came to the room-door Treadway and I harkened and heard a conversation in the room; we looked through the key-hole, but was prevented by something being hung before it on the inside; we then consulted whether we should break the door, or try the lock; we tried the lock, and it turned, and as soon as we opened the door, I saw the two prisoners, William James and Catherine Heyland , sitting at the window facing the door, they stood sideways within a foot of each other; the woman was rubbing something in her two hands, and the man the same; I instantly seized the man, and what he was rubbing, he put into his mouth; I catched him by the throat to get it out of his mouth, till he foamed at the mouth, and then I let go my hold; we then struggled, and I threw him upon his back, and secured him by tying his hands; I was afraid of hurting him too much, I could not get it out of his mouth, he foamed at the mouth, and what came out of his mouth was very black; I drew him from the window, because in the window was a quantity of six-pences in saucers; there was another saucer with a quantity of sand in the window; there were some corks, some scowering sand, a file, a pair of scissars; I turned him round, that he might see what I did, I searched the room further, and there I found a file, and in a box in the room this wooden part of the flask; at his feet I found a bag with a quantity of sixpences and shillings in it, good money; here is a pattern six-pence, which I marked, No. 1, that will answer to a bad one, it was found at his feet among the rest; here is another six-pence which I marked, No. 2, that answers to another of the bad ones, that was found on the woman Allen; here is another sixpence that answers to some more, a good one for a pattern; here is one No. 5, that answers to some that are in the pickle; all these good ones were found at James's feet in this little bag; at his feet was a grate with a quantity of charcoal in it; this charcoal had been burnt and was warm, when I took it; by the side of the box, I found a quantity of damp mould, and a stocking with a quantity of sand, by the side of the mould; by the side of the fire-place I found this crucible, and some other broken crucibles in the room; on the mantlepiece I found these two phials, one contained about a tea-spoon full of aquafortis; there is a little of the aquafortis left in the bottle now; in the other bottle is a composition of something, what it is I cannot say, and in the room in different places were some cork and scowering paper; there were a quantity of six-pences in the window, which the other officers took; I found also this get, which I believe is what conveys the metal to the mould; here is another instrument which was found, which Mr. Clarke will describe, he was present when we found all the things; we called him up as soon as we had secured the man.

Court to Treadway. Where did you find those finished six pences? - In the window.

How many finished six-pences did you find? - There were five in a paper, and two in some water, a quantity in some pickle, they have never been counted; I found this sieve to sift the sand over the mould, and this brush, these bellows at his feet, and some grease, and some other things that were found in the room; after we had secured the prisoners, and carried them before the magistrate, Treadway and me went to search the room further, to take up the flooring; we searched for the iron flask, as we had every thing else, and over the head of the prisoner James and Heyland, where they were at work, there was a hole between the cieling and the tiling, where this was put in.

Prisoner James. Please to describe that hole? - It was as nearly perpendicular as

possible at the outside of the window, there is a hole made that goes through under the tiling, and between the cieling and the tiling that was put in; Treadway said, here is something more; hold me fast! (he was afraid of falling;) and I held him, he took out a quantity of metal out of that same place where the flask was; I looked and he held me; I got a candle and looked, and found a piece of cork.

Prisoner Heyland. How was I dressed when you came into the room, had I a hat or bonnet on? - I forgot, but she puts me in mind of it; she had this apron on, her hands being at work, were black; as soon as we entered the room, she rubbed her hands on her apron; Mr. Clarke being present, observing the apron to be burnt with aqua fortis, told me to take care of that apron, and take it from her, and she begged very hard for it, but I would not give it her; the man begged very hard for the key of the door before the Magistrate, but I did not chuse to give it him; he said, all the things were his and were not Heyland's.

Prisoner James. What was in the pocketbook you had? - There were some letters, from one friend to another in their line of business, which I took the liberty of reading; I thought they might have been of some service to him, and I returned them to him.

GEORGE MEACHAM sworn.

I went with the other witnesses to this house; I searched the prisoner Heyland; I found two parcels of counterfeit sixpences in two papers, they were in her bosom; in a drawer in the room I found a file, and a piece of blacking, and a pair of scissars, and a piece of white arsenick, and a pair of brass scales, and this file I found in the drawer.

Prisoner. Was there any more files? - Yes; several.

Prisoner James. You picked that out from the rest of the tools, the same as you did all the rest.

JOHN CLARKE sworn.

I attended with these officers.

We wish you to explain to the Court and Jury, the several uses of these things? - There are the flasks complete; whatever is cast in these flasks, are generally laid on a board; when they have so done, they put what we call a jet, something like this; they fill it full of sand, and that lays on the middle; they put the sand upon it, and squeeze it down, and that takes whatever may be cast, shillings or sixpences, fixes itself on the sand; they first take the impression of a good sixpence in the sand, the sand is moistened; this is some of the coarse sand; after they have squeezed it down, that makes one side; then it is turned upside down, and the other remainder is put upon it, and then it makes the other side; after they take a finer stuff, which they call facing, and that fills the pores of the coarse sand, otherwise what is cast would come out in little spotty holes, this is the fine sand; then they are turned upside down; the impression that is cast; after that, they smoke it with something in order to dry the sand, then the flasks are finished and put together, only they take a little bit of brass or tin, and lead the impressions to it, such a bit as this is; the same as boys cast dumps, as it runs down this channel, so it feeds each place it comes to; in short, here is the complete apparatus for casting; when it is screwed down it is complete; this is the jet that runs down the middle, that feeds each place where it runs; this is what makes the channel; here are some bits that seem to have been cut off that have missed casting; there is one that is nearly cast; this is white arsenick, and what they refine the metal with, by melting the metal or copper, and whatever they mix with this, it adds one degree of white, and brings it to what we call East-India copper, or tuteneg; here is a bottle where aqua fortis was in, there is a little, there was more; but using aqua fortis by putting it in any thing where there is any silver, it brings

the silver on the surface and throws it white; these files, brown paper and cork, are used to make them fine; the cork is to smooth them; the crucible is for melting the metal.

You was present when these things were found? - I was.

Is there a complete apparatus for coining there? - Not a doubt of it; all that is wanting now is the remains of the aqua fortis; this saucer with the others were in the window taken by the officer; I desired him to take care of them, for whoever had been at work, must have been at work instantly, for they had not been long coloured, and two of them were in a pan with clear water; these are coloured now with aqua fortis, and by rubbing, though they are so black they will come white instantly.

Were they in a fit state for circulation? - These two that were in the pan in the water when they were first found were; the others were not.

Look at those five in the paper, are they fit for circulation? - Yes, they are; I bid the officer wrap them up directly; these were found on the prisoner Allen, and these are said to be good shillings that were found on the prisoner James; that is a counterfeit, and that is the pattern; you will find on the woman's side, a hole, which you will find on the counterfeit.

Court. Does that correspond with any one that has been handed to the Jury? - No, it is not; these were handed to the Jury, as well as all the others.

Did you find any corresponding patterns, to those that have been before handed to the Jury.

Court. It is not worth while confusing the Jury with the corresponding ones that were found on the woman; here is one that was in this pot, and here is the pattern that was found by the side of the prisoner James.

JOHN NICHOLLS sworn.

I am one of the moniers of the mint; these are bad.

Look at that one? - This is a bad one; this is a good one.

Court. That is the pattern sixpence.

ANN BRAGNELL sworn.

I live in Weston's Park, No. 1; I let my front garret, about a month or five weeks before Christmas to the best of my remembrance, to Mrs. James, the prisoner at the bar; she agreed for my garret; she agreed for my lodging; the man came the next day, and gave me a shilling earnest, and he told me they were to come in the next day; they did not come in before the Monday following; they lived together as man and wife as far as I knew; they went for man and wife; they lived together there when they were taken; I knew nothing of the other, any other than her coming and going in and out.

She used to come and go often? - I cannot say how often, but I saw her at different times come in and go out; I did not take particular notice.

Prisoner James. Who did she deliver the key to? - To Mrs. James.

PRISONER JAMES's DEFENCE.

These flasks as they call them, were not found in my room; I had them of one Mr. Higon, and the pocket-book was along with other things, and the pocketbook is not brought here; I have a person to prove that I had these tools with the pocket-book of this Higgons; I should be glad to call a Thomas Alder .

Mr. ABBOT sworn.

I have known Mrs. Heyland; she has lodged with me about me about three months; she paid me very honestly; very quiet people.

Prisoner Heyland. Now I will call the good woman that I borrowed the apron of.

FRANCES LING sworn.

I know Mrs. Heyland; I have known her in the country before she came to London at all; I knew her ever since I was a child; I lent her an apron, and there were

some iron-molds in it; I have the fellow apron to it; I live at No. 2, Wapping.

Where do you live there? - Down towards Wapping I live.

Where do you live? - In Labour-in-vain-street, at No. 2, as you go down to Shadwell-market.

What are you? - I am a servant.

To whom? - I lived with a gentleman up in the City Road.

What are you now? - I am not in place at present; I am down there with a friend of mine.

What is your friend's name? - Richard Rooney .

A married man? - Yes he is.

What business is he? - He belongs to a ballast-lighter.

Does he keep the house? - No, he lodges up stairs.

Who keeps the house? - The widow Swift.

What is she? - I do not know what she is; she lives by washing and cleaning about gentlemen's houses.

What apartment have you? - The first floor.

What apartment has Rooney? - That is his; I live in it till I get a place.

How long have you been there? - I have been there six weeks to day since I left my place.

Where did you live before you lived there? - With one Mr. Copps in the City Road.

What is he? - A silk handkerchief dyer.

Whereabouts in the City Road? - Just by the Green Gates, No. 7.

PRISONER HEYLAND's DEFENCE.

I was just gone in before; I am innocent of it if I do suffer; I am really innocent, speak the truth Mr. James; I have not known him above five months.

PRISONER JAMES's DEFENCE.

My Lord, the things belong to me, and I have no concern in it.

WILLIAM JAMES , alias LEVI, CATHERINE HEYLAND ,

GUILTY , Death .

ANN ALLEN , NOT GUILTY .

The said Ann Allen was charged on another indictment for colouring a shilling and a sixpence , and there being no further evidence, she was ACQUITTED .

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

Reference Number: t17880402-49

301. JANE GRIFFITHS was indicted for stealing, on the 21st of February , five painted pictures in wooden frames, gilt with gold, value 12 s. five prints in wooden frames gilt with gold and glazed, value 2 s. seventeen knives, value 2 s. ditto forks, value 2 s. a gold locket, value 2 s. a gold ring, value 2 s. the property of John Norborn .

JOHN NORBORN sworn.

I live in Holborn ; I lost the things in the indictment; the prisoner was at our house about three weeks before the 23d, then she went away; I lost a gold locket, value 3 s. a gold ring, value 2 s. five pictures, value 12 s. and five prints, value 2 s. the day after she went from our house, I missed a picture, the prisoner was at work for my wife; she is a mantua-maker; the pawnbrokers are in Court where she pawned the property.

JACOB FREEMAN sworn.

I took the prisoner, and the prosecutor wished me to search a place where he had a great suspicion a part of his property was; he obtained a search-warrant, and I

went to the apartment of the next witness, Mrs. Ridley, where the prisoner had lodged some time, and over the mantle-piece, I found these three pictures; from her information, I apprehended the prisoner that night very late, and on stripping her, I found a quantity of duplicates, and I traced the rest of the property at several pawnbrokers.

ANN RIDLEY sworn.

The prisoner lodged in my house, she slept with me the night before she was taken into custody; she has lodged with me five years; she brought these three pictures to my house.

Several pawnbrokers proved her pawning the various articles.

(The prints and pictures, and ring, and locket deposed to.)

Prisoner. I beg for mercy.

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

GUILTY .

Recommended to mercy by Prosecutor and Jury.

Privately whipped .

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

Reference Number: t17880402-50

302. CATHARINE BROWN was indicted for stealing, on the 19th of March , two linen sheets, value 5 s. a cloth coat, value 5 s. three linen caps, value 4 s. a stuff petticoat, value 12 d. the property of Joseph Lewis .

The prisoner was taken with the things upon her.

GUILTY .

Privately whipped .

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

Reference Number: t17880402-51

303. THOMAS BLAKE was indicted for stealing, on the 20th of March , a pair of men's leather boots, value 4 s. the property of John Flather .

The prisoner was seen taking the boots.

GUILTY .

Whipped .

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

Reference Number: t17880402-52

304. ROBERT READ was indicted for stealing, on the 5th of March , six silver tea-spoons, value 18 s. the property of John Benn .

John Benn called on his recognizance, and not appearing, the prisoner was ACQUITTED .

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

Reference Number: t17880402-53

305. JOSEPH OWEN was indicted for stealing, on the 16th of March last, a great coat, value 2 s. the property of James Gladwin .

James Gladwin was called on his recognizance, and not appearing, the prisoner was ACQUITTED .

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

Reference Number: t17880402-54

306. JOSEPH SMITH was indicted for stealing, on the 1st of April , two linen shirts, value 3 s. two linen neck handkerchiefs, value 6 d. three pair of cotton stockings, value 1 s. one linen waistcoat, value 1 s. the property of Elizabeth Landame .

The prisoner was taken with the things upon him.

GUILTY .

Transported for seven years .

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

Reference Number: t17880402-55

307. ANN FOX and SARAH KING were indicted for stealing, on the 6th of March last, a tin nutmeg-grater, value 2 s. thirty-nine guineas, value 40 l. 19 s. the property of John Narbory , in the dwelling-house of Sarah King .

BOTH NOT GUILTY .

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

Reference Number: t17880402-56

308. ALEXANDER KEITH was indicted for feloniously assaulting Mary King , on the King's highway, on the 3d of March last, and putting her in fear and danger of her life, and taking from her person and against her will, a gauze bonnet, value 2 d. a linen cap, value 2 d. and one hair cushion, value 1 d. her property .

NOT GUILTY .

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

Reference Number: t17880402-57

309. ANN NIXON was indicted for stealing, on the 12th of March last, a silver watch, value 20 s. a chain, value 1/2 d. a key, value 1/2 d. two books, value 3 d. three table knives and forks, value 2 d. a pair of scissars, value 1 d. the property of William Kendall .

NOT GUILTY .

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

Reference Number: t17880402-58

310. ELIZABETH SMITH was indicted for stealing, on the 10th of March last, a silver watch, value 3 l. a silver snuff-box, value 5 s. a pair of silver knee-buckles, value 2 s. the property of Christopher Hubnor .

NOT GUILTY .

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

Reference Number: t17880402-59

311. WILLIAM STAMMERY was indicted for stealing, on the 19th of February , twelve bags of lime, value 4 s. 6 d. the property of Ann Lacey .

GUILTY

Privately whipped .

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

Reference Number: t17880402-60

312. GEORGE VERNON was indicted for stealing, on the 19th of March last, five linen shirts, value 15 s. the property of Hannah Lewsey .

NOT GUILTY .

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

Reference Number: t17880402-61

313. NICHOLAS KERNS was indicted for stealing, on the 19th of March last, twelve black lead pencils, value 4 s. twelve hempen bags, called nail bags, value 3 s. the property of Edward Bailey .

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17880402-62

314. THOMAS TRUSTY and WILLIAM SIMMONS were indicted for burglariously breaking and entering the dwelling-house of Samuel Syberry , about the hour of eight in the night, on the 24th of March last, and burglariously stealing therein, a silver cup, value 6 l. a silver tankard, value 6 l. a silver pint mug, value 3 l. two table-spoons, value 30 s. eight silver tea-spoons, value 30 s. a pap-spoon, value 3 s. a tea-strainer, value 1 s. 6 d. a silver pap-boat, value 10 s. a silver milk-pot, value 15 s. two silver salt-holders,

value 20 s. a silver pepper castor, value 20 s. two silver watches, value 3 l. two metal ditto, value 40 s. a gold necklace, value 7 s. seven linen shirts, value 3 l. a sattin waistcoat, value 20 s. and twenty-two guineas, and one half guinea, his property .

The prisoners clearly proving an alibi, they were both ACQUITTED .

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

Reference Number: t17880402-63

315. JOHN DAVIS was indicted for stealing, on the 3d of March last, a half gallon pewter pot, value 3 s. two half pint ditto, value 12 d. the property of John Gregory .

GUILTY, Of stealing to the value of 10 d .

Whipped .

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

Reference Number: t17880402-64

316. EDWARD MERRICK and GEORGE WOODWARD were indicted for stealing, on the 26th of March last, two pounds weight of tea, value 7 s. seven loaves of refined sugar, value 30 s. twenty pounds weight of moist sugar, value 10 s. three pounds weight of rice, value 1 s. a pound of pepper, value 2 s. the property of John Victual .

A second Count for stealing the same, the property of John Roys .

EDWARD MERRICK, GUILTY .

Transported for seven years .

GEORGE WOODWARD , NOT GUILTY .

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

Reference Number: t17880402-65

317. DAVID HUDSON was indicted for stealing, on the 17th of January last, a cloth cloak, value 5 s. the property of Martha Prescott .

GUILTY .

Whipped .

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

Reference Number: t17880402-66

318. RICHARD BURTON was indicted, for that he, about the hour of eight in the night, on the 28th of February , into a certain nursery-ground, belonging to one Mathew Burchell , unlawfully did enter, and ten shrubs, called yew-trees, from and out of the same, without his consent, unlawfully, wilfully, and feloniously did break, spoil, take, and carry away .

He was also charged on three other counts for the like offence. It not being clear that these plants were taken in the night time, the prisoner was ACQUITTED .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880402-67

319. The said RICHARD BURTON was again indicted, for that he, into a certain nursery ground, belonging to one John Whitlock , unlawfully did enter, and eight shrubs called yew trees, from and out of the same, without his consent, unlawfully, wilfully, and feloniously did break, spoil, and carry away .

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Mr. Silvester. Mr. Burton; take notice, you have been tried before, if ever you should be caught again, and I should be counsel against you, depend upon it,

I will take away the benefit of your Clergy.

Court. If that should be the case, you will be hanged for the next offence.

Reference Number: t17880402-68

320. JOHN ADAMS was indicted for stealing, on the 30th of January , three leaden sash window-weights, value 2 s. the property of Peter Brinkman .

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880402-69

321. CHARLOTTE WALKER and FRANCES CLARKE were indicted for feloniously stealing, on the 10th of March last, a silver watch, value 40 s. and seven guineas, the property of John Lomax , privily from his person .

BOTH NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880402-70

322. CHARLES HOLTON was indicted for stealing, on the 3d of April , nine yards of Irish linen cloth, value 9 s. a calico shawl, value 4 s. two pair of stockings, value 4 s. and two linen handkerchiefs, value 2 s. the property of Samuel Ewbank .

SAMUEL EWBANK sworn.

I keep a linen-draper's shop , in Moor-street, St. Giles's ; I have missed some goods; this man was recommended to me very strongly, as a man of integrity and honesty; he came to me last Monday morning, the 31st of March, as shopman , and last Monday morning when I came down stairs about eight, I found him behind the counter, he was quite intoxicated; I asked him some questions, he could not answer; I went down in the kitchen to have my hair dressed, and through the kitchen window, I saw the prisoner go out with something under his arm; I went up stairs, and he returned in about five minutes; I asked him where he had been? and what parcel he took out? he denied taking any parcel out; I said, I saw you myself; then says he, it was my dirty linen; I turned, and saw his dirty linen on the counter; there it is, says I, how can you talk of your linen; what is the parcel you took out? he flatly denied it again; in consequence of which, he was running backwards and forwards all day; he was out and intoxicated all day; he came home late in the evening and went to bed; I suspected him, this morning, early, about seven o'clock, I got a constable to search his boxes, and there was nothing of mine; there was a pocket-book which the constable took charge of, in which there was a great many duplicates; he was sent to the watch-house; I went with the constable to the pawnbroker's by the direction of the duplicates; they shewed the goods, and I swore to them before the Justice; I knew the goods when they were produced.

Mr. Schoen, Prisoner's Counsel. You have said this man was very well recommended to you? - Yes.

You say he was so drunk you could not understand him? - Yes, he was very drunk.

(The things belonging to these duplicates produced and deposed to.)

The prisoner called one witness to his character.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880402-71

323. ANN CATELY was indicted for feloniously assaulting John Hilditch in a certain dwelling-house, on the 30th of March last, putting him in fear and danger of his life, and feloniously taking

from his person and against his will, two guineas and three shillings in monies numbered, his monies .

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880402-72

324. ELIZABETH LAMBETH was indicted for stealing, on the 4th of April , one watch, inside and outside cases, both silver, value 40 s. one guinea, and a crown-piece, value 5 s. the property of Peter Wild , privily from his person .

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880402-73

325. JOHN CLAYTON was indicted for the wilful murder of Samuel Fewster , on the 26th of March last.

GUILTY, of manslaughter .

Fined 20 s .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17880402-74

326. ROBERT STEPHENS was indicted for stealing, on the 11th of January , two pieces of canvas, value 5 l. in a certain barge called the Royal Oak, on the River Thames .

Thomas Plumridge and William Morgan called on their recognizance, and not appearing, the prisoner was ACQUITTED .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17880402-75

327. ANN PRICE and ANN BARNARD were indicted for stealing, on the 20th of March , a linen shirt, value 8 s. two muslin aprons, value 5 s. the property of Agnes Brown .

BOTH NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17880402-76

328. JOHN WEST was indicted for stealing, on the 2d of April , three iron bars, value 3 s. belonging to James Morris , affixed to his dwelling house .

The prisoner was seen taking the bars.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17880402-77

329. JORDAN WAINE was indicted for obtaining goods by false pretences .

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17880402-78

330. VALENTINE HARRISON, otherwise JOHNSON was indicted for obtaining goods by false pretences .

Sarah Shakeshaft called on her recognizance, but not appearing, the prisoner was ACQUITTED .

Tried by the London Jury before Mr. RECORDER.

Reference Number: o17880402-1

Thomas Messenger , (of last sessions)
Reference Number: s17880402-1

The Trials being ended, the Court proceeded to pass Sentence as follows:

Received Sentence of Death, 5, viz.

Reference Number: s17880402-1

Thomas Messenger , (of last sessions) John Gilbertson , William James , alias Levi, Catherine Heyland , (to be burnt) David Clary .

Received Sentence of Transportation, 35, viz.

Sarah Smith , Luke Jones , Benjamin Brickman , James Willoughby , Phebe Williams , Elizabeth Cotterell , Ann Brewer , Thomas Salmon , James Robertson , Mary Cavenor , Richard Julks , Michael Connor , John Duff , Peter Hebert , Frederick Solomon , Joseph Ince , Mary Clayton , Thomas Bayley , George Bragg , John Carter , Daniel Cameron , John Delany , otherwise Bellamy, Thomas Cross , Arthur Ward , William Savage , Joseph Smith , James Holding , Philip Inwood , Edward Merrick , Daniel Edwards, William Green, Thomas Mathews , Mary Winspear , Mary Flannagan , John West .

Imprisoned Twelve Months, 1, viz.

Margaret Carter .

Imprisoned Six Months, 3, viz.

Ann Jones , Samuel Butcher , Susannah Collet.

Whipped, 6, viz.

John Simpson , Benjamin Bird , Richard Thompson , Thomas Blake , John Davis , David Hudson .

Fined 1, viz.

John Clayton .

Reference Number: a17880402-1

Mr. HODGSON

RESPECTFULLY returns his most grateful Thanks to his Employers and Pupils, for the Preference they have thought proper to give to his Mode of teaching and writing SHORT-HAND, which he flatters himself is at once as concise and correct as any other System; he continues teaching in four Hours, by four Lessons, the whole necessary instructions in this much approved Art. He also takes Trials and Arguments with the utmost Care, which are copied so expeditiously as to be sent home the same Evening, if required.

Mr. HODGSON (without the smallest Imputation on the Systems of his Cotemporaries, whose Merits he chearfully acknowledges) pledges himself to take nothing for his Transcripts, if any Gentleman who solicits a cause, or the Counsel whose Arguments he professes to take, are not compleatly satisfied with his Performances.

A new Edition (being the third) of HODGSON'S TREATISE ON SHORT-HAND, which is a sufficient Instructor of itself, is just reprinted, and Mr. Hodgson in order to accommodate all sorts of Purchasers, has reduced the Price to Eighteen pence only; also his new Publication, entitled,

"SHORT-HAND CONTRACTIONS, adapted to every System of

"Short-Hand; to which are added, a Comparative Table of Short-Hand Alphabets,

"and two Extracts by way of Specimen, with two Copper-plates annexed," Price only 2 s. 6 d. are sold by J. Walmsley, Chancery-lane, and also by Bladon, Matthews, Egerton, Fourdrinier, and all the Booksellers.

Letters (post paid) from Purchasers of either of his Books, directed to Mr. Hodgson, No. 35, Chancery-Lane, will receive immediate Answers, and all Orders from Gentlemen in the Profession of the Law and others, immediately attended to: Addressed to Mr. Hodgson, at his House, No. 13, White Lyon Row, Islington, or left for him, at No. 35, Chancery-Lane.

Gentlemen who send in haste to Islington, are requested to send a Porter, and not trust to the Stage or Penny-post.

The numerous and particular Trials which have been much enquired after, Mr. Hodgson has reprinted for the Accommodation of his Customers.

N. B. As many Gentlemen who have taught themselves Systems of Short-hand, not formed on Mr. Hodgson's Plan, wishing to exchange them, have found the Attempt too embarrassing: Mr. Hodgson has recently succeeded in introducing the peculiar Brevities of his System into others, without altering the Alphabets, and has found the Practice, (though novel) perfectly easy.

Mr. Hodgson has just bound up a compleat Set of Sessions Papers, for the last sixteen Years, which he will dispose of; or any person wishing to see any particular Trial, may have an Inspection of the same, or take a Copy of it, at the usual Prices.

Just published a new Edition of the Trial of Andrew Robinson Bowes , Esq; and several others for a Conspiracy against the Rt. Hon. the Countess of Strathmore, Price 3 s. 6 d. taken in Short-hand by Mr. HODGSON.

The Monthly Review for August last, thus notices the above Trial

"The Reviewer

"is much obliged to Mr. Hodgson for making his Title Page so full and circumstantial

"that it requires nothing to be added, except our acknowledgment of the

"care and accuracy, with which he appears to have given this Trial to the Public."


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