Old Bailey Proceedings, 7th May 1788.
Reference Number: 17880507
Reference Number: f17880507-1

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 7th of May, 1788, and the following Days;

Being the FIFTH 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 V. 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; the Honourable Sir WILLIAM HENRY ASHURST, one of the Justices of his Majesty's Court of King's Bench; the Honourable Sir RICHARD PERRYN , 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.

George Ribright

Henry Draper Steele

Edward Winwood

Jeremiah Branson

Samuel Cannadine

George Torrington

Elias Hibbs

Hector Barnes

Robert Moore

John Bayliss

Thomas Preston

John Raunce

First Middlesex Jury.

James Wilkinson

William Richardson

David Moody

John Nash

William Sterch

John Sanger

James Dodd

Joshuah Johnson

Saul Richardson

John Rhodes

John Hudson

Newman Row

Second Middlesex Jury.

John Short

Philip Murray

Jonathan Thompson

Joshua Parry

Edward Paddon

John Wilton

John Robertson

James Locke

James Falkner

John Warder

Alexander Lindsey

John Judson

Reference Number: t17880507-1

331. JANE WHITAKER was indicted for feloniously taking away with intent to steal, on the 3d of March , two copper pots, value 5 s. a copper saucepan, value 2 s. a pair of linen sheets, value 3 s. a linen pillow-case, value 1 s. a flat-iron, value 6 d. the property of Alexander Hamilton ; the said goods being in a lodging

room let by contract, by the said Alexander to the said Jane, to be used by her .

ALEXANDER HAMILTON sworn.

I live in Barrat's-court, Manchester-square ; the prisoner lodged in my house, she took the lodging, there was a man came the same day, after she had taken it, who passed for her husband; on the 29th of February, I had her taken up on suspicion of having lost some things, the man was gone away three days before; I got a constable, and went and knocked at the door several times, she was in bed; at last, she got up, and opened the door, and we went in, and all the things mentioned in the indictment were gone out of the room, except the bed and some of the bedding; the constable asked her, what was become of the things? and searched her pockets, and found twelve duplicates of my things in her pocket; she acknowledged she had sold the sheets.

From the prisoner. Did not you break the door open? - We did not.

CHARLES ELLIOT sworn.

I am a constable; I went to her room, and knocked at the door, not answering, I went up to Hamilton, and told him the door was locked; he came down, and knocked several times, at last, she got up and opened the door.

Did you break the door open? - No, I searched her pockets, and found twelve twelve duplicates; she acknowledged to me she had sold the sheets; I took her to the watch-house, and the next morning, I went to the pawnbroker's, and found the things.

Prisoner. You know the door was broke open? - It was not.

WILLIAM BAKER sworn.

I am a pawnbroker; I took in this copper pot of the prisoner, (producing it) on the 27th of February; she pawned them in the name of Whitaker.

JOHN NEALE sworn.

I am a pawnbroker, this saucepan and flat-iron (producing them) were pledged with me by the prisoner, the 22d and 25th of February; she pawned them in the name of Whitaker.

(The things were deposed to by Elizabeth Hamilton the wife of the prosecutor.)

PRISONER's DEFENCE.

I never took any thing out of the house but what Mrs. Hamilton sent me with; her husband was going to send her to the work-house for being continually drunk; I pledged them in my name, because she said, if Mr. Hamilton knew of it, he would murder her, that is true, as I stand before God; the things I sold, were things of my husband's; I never sold any thing of Mrs. Hamilton's in my life; I am innocent of what they charge me with; she said, she had twenty-four or twenty-five shillings of a milk-score that her husband knew nothing of, and she sent me with the porridge-pot to make up the money; as to the sheets, they were taken off the bed and lay on the dresser to be washed, when they took me.

To Mrs. Hamilton. Is any part of this story true? - Not a single syllable.

Did you ever desire her to pledge any thing for you? - Never.

To the prisoner. Did you set up this defence before the Justice? - I did; she acknowledged before the Justice that I pawned two gowns for her.

To Elliot. Was you at the Justice's when the prisoner was examined? - Yes.

Did any thing of this pass? - No.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880507-2

332. DAVID KINCARD was indicted for feloniously stealing, on the 3d of May ,

five pair of silver shoe-buckles, value 34 s. and two pair of silver knee-buckles, value 4 s. the property of John Yarrow .

A second Count, laying them to be the property of John Yarrow and Elizabeth Yarrow .

JOHN YARROW sworn.

I live in Graid's-alley, Wellclose-square ; on Saturday before last, my mother and I were sitting in a room behind the shop; my mother cried out that a man had run from behind the counter; upon which I ran out, and perceiving the prisoner to run, I imagined him to be the thief; I cried stop thief; but before I came up to him he stopped himself; I desired him to come back with me; and as I brought him back, I put my hand in his coat pocket next me, but found nothing; I was going to put my hand into his side-pocket, and he said oh! they are all here; I brought him into the house, and took five pair of silver shoe buckles, and a pair of knee buckles out of his pocket.

How do you know them to be yours? - I have cleaned them several times, and well know the pattern of them; there were just so many pair missing out of the window; I saw them there that morning; they belong to me and my mother; my father lately died, and left the property between us; the prisoner confessed before the Magistrate that he took them.

Was any promise of favour made him? - None of the kind.

Joshua Grey, the constable, produced the buckles, which were deposed to by the prosecutor.

PRISONER's DEFENCE.

I was going to the New Cut, Radcliffe highway, I met a girl, and she gave me buckles in a handkerchief, and desired me to carry them for her, and said she would come to me.

Prisoner to Mr. Yarrow. Did you see me near your house? - About as far from it as the Sessions house is from the top of the Old Bailey; he said before the Magistrate, a man gave them to him; afterwards he acknowledged he took them.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17880507-3

333. WILLIAM EVERSALL , WILLIAM ROBERTS and JOSEPH BARNEY were indicted for that they on the 9th of April , in the King's-highway, in and upon John Troughton , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a man's hat, value 2 s. 6 s. the property of the said John.

(The witnesses were examined apart at the request of the Prisoners)

JOHN TROUGHTON sworn.

I live in Cherry-tree-alley, Golden-lan e; on the 9th of April, a quarter before eleven o'clock at night, I was returning home, I was within fifty yards of home, I met the three prisoners in a narrow alley, in company with two or three others; being a narrow place I made way for them to pass me; seeing a number of them I got close to the wall; they collected themselves into a body about two or three yards before me, and said something, but I could not distinctly hear what they said; they came towards me, and one of them, I believe Barney, had something in his hand, which he threw into my eyes.

What was it he threw in your eyes? - Snuff or tobacco dust, they said afterwards at the watch-house it was tobacco dust; I asked them what they meant by that; and they said they would let me know, or let me see; and I said I would have one of them to the watch-house, and I took hold of one of them, but which I cannot positively say, but I believe it was Barney, the farthest prisoner from me, that is the man I seized first; I held him some time, and struggled to hold him till we got out

of the alley into Golden-lane, which might be eight or ten yards; there was a lamp at the end of the alley, I could discover them, I was rather come to my sight; I know the faces of Barney and Roberts.

Had you known them before? - No; we struggled till we got into Golden-lane, then they all surrounded me, and I received some blows about my face and head; I defended myself as well as I could; one of the blows drove me against the public-house, I staggered against the wall, I did not fall down; and in that position one of them took off my hat and wig; I picked up my wig, I suppose it fell out of my hat, and my hat was gone almost instantly; I called watch, and stop thief, seeing they took different ways; but I could see one of them, which was Barney; he had something of an apron tied round him; I pursued him by that particular mark through what they call Basket-alley, and through a dark passage, he was never out of my sight; I took him in White-cross-street, he turned about, and said he was not the man; I took hold of him, and after some little struggle I brought him back with me; by the alarm of the watchman's-rattle, a gentleman had stopped Roberts, and a watchman had taken Eversall.

Have you ever got your hat again? - Yes, the constable searched one of them and found my hat upon him.

You pursued Barney by the mark of something he had tied round him? - Yes.

Did you know him before? - No.

How came you to tell me he threw tobacco dust in your eyes? - I cannot be positive who threw it, I thought it was him because he was the first man.

How do you know that the other men are the persons that were with Barney? - I could only be positive to Roberts striking me, he attacked me in the face, he came under the light of the lamp.

Which is Roberts? - The tall man in the middle; I cannot swear to Eversall.

Mr. Garrow. Did not you say before the Justice that Eversall was the only one you could swear to? - No.

Who was you examined before? - Justice Blackborow.

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

Did you sign it? - No.

This was a dark alley; the first thing before you observed the men, was something was thrown in your eyes? - Yes.

How having tobacco dust thrown in your eyes, can you swear to persons you had never seen before? - I laid hold of Barney; and struggled with him, and said he should go to the watch-house.

How is it that you with tobacco dust in your eyes, in a dark alley, knew these people? - When I came to the bottom of the alley after the struggle, they all came round me; there was a lamp over my head; Barney and Roberts attacked me in front.

You have cleared your eyes of the tobacco dust; and the thief-takers have thrown some gold dust in your eyes? - There is no thief-takers in the business.

You know there is a reward of three forty pounds, if the prisoners are convicted? - To be sure, I know that, but I don't come here on that account.

Did not you say before the Justice that you did not know whether your hat fell off in the struggle, or was taken off? - I don't know that I did.

Upon your oath, did not you tell the Justice, that you did not know whether it fell off, or was taken off? - I cannot tell, I don't know that I did, I might say so.

Don't you believe you said so? - I believe I might, I cannot immediately recollect.

Who told you, if you should swear so here, these men could not be convicted so as to get the reward? - Nobody.

Where do you live? - No. 4, Atfield-street, St. Luke's; I have lived there many years.

You was sober? - Perfectly sober; I am seldom otherwise.

Court. You don't particularly recollect whether you told the Justice you did not know whether your hat fell off, or was

taken off; you believed you might say so? - Yes.

I ask you then if you did say so before the Justice; was what you said before the Justice true? - I don't recollect that I did say so.

When you was examined before the Justice; did you know whether your hat fell off, or was taken off? - Yes.

What did you know? - That my hat was taken from me, and I am clear now it was taken off, and did not fall off.

Was you clear of that when you was before the Justice? - I don't know that I was so clear, I was a good deal confused and bruised.

When was you before the Justice, the same night, or the next morning? - The next morning.

Do you mean to say that you remember better now, what happened that night, than you did the next morning? - I can recollect the circumstance very clear, and did then; if I made an error, it was not a wilful one.

You are sure it was taken off, and did not fall off? - Yes, I verily believe it.

Are you sure of it? - I am sure of it.

What makes you remember it better now than you did the day after? - I was in a very bad state at the time; I had several wounds in my head, and was cut and bruised.

WILLIAM BIRD sworn.

I was the officer of the night, on the night this happened; about eleven o'clock I heard the cry of stop thief; I pursued the cry, and met Eversall in a dark passage and stopped him; the beadle came up and asked him what he had got, he said nothing; the beadle took this hat (producing it) from under his coat; he then said he took it up in the passage; just then Troughton and the watchmen came up with Barney whom they had taken; Troughton said he had been very badly used and robbed; I asked him what he had lost; he said his hat.

(The hat was deposed to by the Prosecutor.)

WILLIAM JEWSON sworn.

I am one of the beadles of the parish, on the 9th of April, about eleven o'clock, I heard the cry of stop thief; I went out of the watch-house with Bird; I found the hat upon Eversall, between his coat and waistcoat.

JAMES WATTS sworn.

I am a watchman; I heard the cry of stop thief; I heard a foot running very fast; I did not see who it was; a little after I saw Roberts coming by the wall very softly, and I pursued him and took him.

The Prisoners left their defence to their Counsel, who called four witnesses, who gave Eversall and Roberts a good character; Barney did not call any witnesses to his character.

ALL THREE NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880507-4

334. SARAH MILLS was indicted for that she, on the 20th of April, in the king's highway, in and upon David Waddey , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a silver watch, value 40 s. a steel chain, value 6 d. and a metal key, value 1 d. the property of James Ross ; and half-a-crown in monies numbered , the property of the said David.

DAVID WADDEY sworn.

On the 20th of April, about a quarter past seven in the evening, James Ross and I had been down to Wapping; coming up Nightingale-lane we went into a public house to have a pint of beer; while we were drinking the prisoner came in, and asked to drink, we let her drink; she came and set down by Ross, and enticed him out with her; he left his watch and

some silver with me, which I put in my right hand waistcoat pocket; after Ross came in again he asked me for a shilling, and gave it her, and asked her if it was enough, she said yes; but she asked for a glass, which he gave her at the bar as we were going out; she followed us out, and stopped me, and wanted me to go into the house with her, which I refused, with that she chucked her hand into my waistcoat pocket, and took out a half crown piece, and put it in her breast; I took it from her; she put her hand in my pocket again and took the watch, and ran into a back place, and in at a back door, where there was a little staircase, a very dark place; there was a man there in a brown coat got between me and her, and stopped me that she got away.

How came you to let her put her hand in your pocket a second time? - While I was taking the half crown from her she did it, and ran away with the watch in her hand; the man kept me there till she came out of the house again and ran off, and ran into a dark entry; the watch was seen in her hand after she went into the house; I laid hold of her again, and the mob said why don't you cry blood and murder, and you will be rescued; she beat me about the temples with her fist, and a great many more besides her; she got away from me; I followed her and catched her as she was going into another place; it was among such a mob and confusion that I cannot recollect what place; she then said if you will go into the house we will settle every thing, which I refused; then she beat and bruised me again; she got off again; I followed her the last time; I laid hold of her; a person came and rescued me; I was all over blood.

Who came to your assistance? - One of Mr. Smith's officers; Mr. Dawson was the only person I saw when I came to myself; Ross was gone to get an officer.

Did you ever get your watch again? - No.

JAMES ROSS sworn.

I was with the prisoner at the public house, we went in to have a pint of beer; the prisoner came in and asked to let her drink; she asked me to go out with her; and I did; I came in again and asked my partner for a shilling; I asked her if she was satisfied, and she asked for something to drink, and I gave her a glass; when we went out she followed us, and asked Waddey to go home with her; he said he would not; she then put her hand in his pocket, and took out something and put in her breast; I saw him take it from her; and then I saw her take out the watch while he was struggling with her; I laid hold of her but could not get the watch from her; she handed it over to some other person.

Did Waddey lay hold of her? - Yes, I went away to get a constable, and left her with him; when I returned they were gone; I saw the prisoner again on the Monday following before the Justice.

When did you see the prosecutor again? - The next morning.

Did you ever get your watch again? - No.

JOHN HARRISON sworn.

I am a pot boy at a public house in Radcliffe-highway; I saw the prisoner run away with the watch in her hand; I did not see her take it, nor I did not see where she went with it.

Did you see who she ran away from? - From Mr. Waddey.

Did you see Ross there? - No.

To Ross. If this woman kept the watch in her hand all the time, how came you not to take it from her? - I could not get it, she struggled so; she is very strong.

ANN WILKINS sworn.

As I was coming from Hermitage-street, I saw the prisoner and Waddey struggling together; I saw him take a half crown piece out of her bosom, and he asked her to give him his watch; she said she had not got it; he turned round and his hat fell off; a little boy that stood by (if, I will take care of your hat; she has got your watch in her hand.

How did she get away from the man? - The people assisted her and got her off; he caught hold of her again, and tore her gown.

Did you see her take the watch? - No; but I saw it in her hand; it had a steel chain.

ROBERT DAWSON sworn.

I am an officer; I took the prisoner, but found nothing upon her; she made a great noise, and behaved very turbulently; the prosecutor was bleeding at the nose.

PRISONER's DEFENCE.

I was coming along, the prosecutor was in a mob, he tore a silk handkerchief from my neck; tore my gown, and said I had robbed him; he beat me and used me ill.

GUILTY , Death .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880507-5

335. LENOX GORE was indicted for stealing, on the 25th of April , a silver table spoon, value 10 s. the property of Sarah Haynes .

SARAH HAYNES sworn.

I keep a public house near Sadler's-wells . -

Prisoner. To save the Court trouble, I would observe, that I am a peer of the realm, and by my peers only I ought to be tried.

Court. I believe these gentlemen must be your peers at present.

Haynes. On Friday, the 25th of April, between one and two o'clock in the afternoon, the prisoner came to our house; he said he should be glad to have a dinner, that he would have a veal cutlet; but that it must be very fat, and must be done with very rich sauce; I shewed him a room, he looked in and said, that was a public room, he must have a private room; he ordered every thing to be done as quick as possible.

Prisoner. As it ought to be for a gentleman, they could not do it quick enough for me; I rung the bell twenty times a minute.

Haynes. He ordered some potatoes to be got ready; some he would have boiled and some roasted on the gridiron; and he must have some wine and some porter; as soon as the dinner was served up, he rang the bell very hard, and called for a table spoon; the waiter went up to him, when he came down he told me the gentleman wanted a table spoon; and that he was certain he had carried one up, and laid it on the table; that he would take his oath of it; he had ordered a linen-draper and hosier to be sent for; I sent for a constable; he rang the bell again very hard; he wanted to know what there was to pay; I said I did not know till I saw that all my things were safe; I missed a spoon; he said, do you mean to tax me with your spoon, Madam? I am a nobleman, therefore I could not do such a thing.

Prisoner. They searched me, and stripped me naked as I was born; while I was in the room there was a magpie came in at the window, and knowing that magpies were notorious thives, I did not know but he might take it; I am the first man in the kingdom; I acquainted the king with my situation, and he was so enraged, that he ordered me immediately to be liberated; I made all Mr. Pitt's speeches; I am a legislator; a maker of laws; and therefore it is an absurd idea to suppose I should be a breaker of them; it is impossible I should be guilty of an action so base, and so degrading to human nature; I could not do it; I always had fifty servants at command; I am come to the estate of Lord Hertford of forty nine thousand a year; when I was a child of two years old I had eighteen thousand a year allowed for my education.

Had you ever seen this man before? - No.

Did you observe any thing particular in his behaviour? - Only his manner, ringing the bell; I sent for a constable, and he was taken into custody; and the spoon was found upon him.

JOHN TAYLOR sworn.

I am a waiter; the prisoner came to our house, my mistress shewed him into the dining room; he ordered a fire to be lighted immediately; and ordered a linen draper and hosier to be sent for, and bid me take his slippers down with me and clean them, which I did; he ordered a dinner, and bid me take care it was well dressed; and said, if he liked it he should dine there often; I carried up a pint of red port and a pint of beer; he desired to have the dinner up; I carried it, and put it on the table; before I had got down stairs, he rang the bell, and asked if it was customary to lay a cloth for a gentleman without putting a spoon upon the table; I told him I had laid a spoon on the table; he said do you keep a magpye, or jackdaw, perhaps that may have taken it off, says he, I saw one come in at the window; I said no Sir, there is no such thing kept here, therefore I expect you have the spoon, and nobody else; I went for a constable, when we came in, he was coming down stairs; he wanted to know what he was to pay; my mistress said she did not know if her things were safe; we went up stairs to see if the spoon might be mislaid any where; the constable opened his shirt and waistcoat, but we found nothing; he asked to go to the necessary, the constable went with him; he was fumbling about; the constable pulled off his breeches, and we found the spoon, it dropped from him in the necessary.

Was there any body came into the room while he was there? - Not a soul.

William Weaver . I was cleaning a horse for a man joining this necessary, this man came in, he would not let any body search him till he got off the necessary; when he got off, the spoon was found.

PHILIP BRISTOW sworn.

I am a constable; I had charge of the prisoner, he told me he was a member of parliament; he would not tell where he lived.

To Mr. Akerman. How has the prisoner behaved since he has been in Newgate? - He has behaved very outrageously; he has been in custody before for debt; he behaved insolently then, but not in this outrageous manner.

NOT GUILTY .

Prisoner. Gentlemen, I have the highest sense of the impartial justice of this honourable court.

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880507-6

336. ANN OWEN was indicted for feloniously stealing on the 18th of April , a silk gown, value 6 s. 6 d. a muslin gown and shirt, value 4 s. a pair of cotton stockings, value 1 s. a child's gown, value 4 d. and a linen napkin, value 4 d. the property of Robert Nelson .

SARAH NELSON sworn.

I am the wife of Robert Nelson ; I am a mantua-maker; the prisoner came to work with me the last day of March; on the Tuesday following I missed the things mentioned in the indictment (repeating them) I missed the muslin shirt just as she came to work; I said to her what is become of the muslin gown; she said she would own to taking that, but as to the other articles, she said she never touched them; she said she had pawned it for four shillings, and if I would let her go, she would fetch the duplicate; I then went to her lodgings, and found the duplicate of the other things; I then took her up, and found the things at Mr. Cooper's, pawnbroker, in Wych-street.

A servant of Mr. Cooper's produced a silk gown, a muslin gown, shirt, and a pair

of cotton stockings, which he deposed he took in of the prisoner, and which were deposed to by the prosecutrix.

PRISONER's DEFENCE.

My husband left me two months a go with two children; I was very much distressed till I went to work for Mrs. Nelson; I had some money to make up, and pawned these things; I knew I could fetch them out on Saturday.

Some of the Jury knew the prisoner, and said she had borne a good character.

She was recommended by the Jury.

GUILTY .

Whipped .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17880507-7

337. JAMES WILSON was indicted for feloniously stealing, on the 2d of May , a pair of silver shoe buckles, value 29 s. and a pair of knee buckles, value 10 s. the property of John Leach ; a woollen jacket value 9 s. the property of Charles Kimpton ; and a cotton waistcoat, value 9 s. the property of Thomas Maddocks .

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17880507-8

338. MARY CHAMBERS and ELIZABETH MARTIN were indicted for that they, on the 9th of April , in the king's-highway, in and upon Elizabeth Montague , did make an assault, putting her in corporal fear and danger of her life, and taking from her person a silk bonnet, value 1 s. and a cloth cloak, value 6 d. the property of the said Elizabeth .

(There being no evidence to affect the prisoners, they were not put upon their defence.)

BOTH NOT GUILTY .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17880507-9

339. SAMUEL COOLEY was indicted for feloniously stealing, on the 17th of April , a black shagreen case, value 18 d. two pair of brass compasses, value 3 s. a box wooden sector, value 12 d. a box wooden scale, value 6 d. a brass protractor, value 12 d. a steel drawing pen, value 12 d. and three brass compass pieces, value 3 s. the property of Nicholas Meredith , privately in his shop .

NICHOLAS MEREDITH sworn

I am a mathematical instrument-maker , in New Bond-street ; on the 17th of last month the prisoner came in my shop, about eight in the morning, while I was shaving myself; I turned my back to call my foreman to serve him; he asked for some hair-pencils, upon my foreman coming into the shop, he made some excuse about the price, and went out of the shop.

How long was he in the shop? - I believe three or four minutes; the case of instruments were on the counter when he came in; I did not miss them till about half an hour after he was gone; I am sure there had not been anybody else in the shop, either of my own family, or strangers; a neighbour of mine had seen the prisoner come from my shop with a case of instruments in his hand; I heard no more of him till last Saturday; he came into my shop again and asked for some lead pencils; my neighbour followed him into the shop.

Did you ever get your instruments again? - Never.

What is your foreman's name? - John Fuller ; the prisoner confessed having taken the instruments with another boy, who he said had sold them to a Mr. Taylor, in Castle-street, Long-acre.

Was there any promise of favour made him if he would confess? - None at all; we went to Mr. Taylor's, he was not at home; we searched the house, but did not find any thing.

THEOPHILUS BEVERLY sworn.

I am a silversmith in Bond-street, a neighbour of Mr. Meredith's; about the 17th of last month the prisoner came to my shop, and asked for a fourpenny knife; I told him I had no such thing; I looked to see where he went, but could not, for the people who were walking backward and forward; a few minutes afterwards he came back again with another boy, and a case that appeared to be a case of instruments, in his hand; they were coming up from Mr. Meredith's; the prisoner opened the case, and I perceived the top of some instruments; I had not then any person to attend my shop, but as soon as my boy came in, I sent down to Mr. Meredith's.

You saw no more of the boy at that time? - No, not till last Saturday, I saw him go into Mr. Meredith's shop again, and I followed him in.

That is all that you know of it? - Yes.

The Prisoner did not say any thing in his defence; but called one witness, who said, that his father had some time ago sent him to Harrow, to keep him out of the way of bad company; but that he had run away, and behaved very bad.

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

Aged 9 Years.

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880507-10

340. WILLIAM FLOYD and DANIEL HAWLEY were indicted for feloniously stealing, on the 19th of April , an eight-day table clock, value 4 l. 15 s. the property of Thomas Wilkinson , in his dwelling house .

MARY WILKINSON sworn.

My husband keeps a broker's shop , in Princes-street, Westminster; on the 19th of April, about a quarter past six in the evening, I went out of the shop into the back parlour for the space of two minutes; as I was taking a cup out of the cupboard I saw a boy going down the steps from the shop door; I did not observe that he had any thing with him, I turned round and missed the clock instantly; he was stopped, and brought back with the clock in his apron; he had a blue apron on.

Which of the prisoners was that? - Floyd; I had seen the clock there when I left the shop.

What may be the value of the clock? - Four guineas and a half.

JOHN EDWARDS sworn.

I live in Dartmouth-row; I saw the two prisoners coming down the row, at the bottom of the row there was a coach standing; when they came there, Floyd called out, balt; I thought they were upon no good intent; I was willing to perceive what they would be at, and I watched them; they came past Mr. Wilkinson's door, and returned back again; I saw them both go into the shop; Hawley came out first; I did not perceive that he had any thing of property on him, so I let him go; I waited for the other, and he came out in about a minute, with this clock in his apron; (producing it.) Hawley had got about twenty yards off; I collared Floyd, and asked what he had got there; he said a clock, he had found it behind a shutter place; says I, I know where you found it; and I brought him back with the clock.

What became of the other? - Another man pursued him, and took him.

WILLIAM LAMBERT sworn.

I saw Edwards take Floyd by the collar, I followed the other prisoner, and took him.

Did he run? - No.

Did he say any thing for himself? - Not a syllable; I had seen the prisoners together for three or four days before.

WILLIAM ASHTON sworn.

I am a constable; I took charge of the two prisoners; as I was taking them along, Floyd said, they can't hang us, the door was open when I went in; we shall only go to Botany-Bay for seven years, and that at my age, will soon whip away; the other behaved very civil.

(The clock deposed to by the Prosecutrix)

HAWLEY's DEFENCE.

I never saw Floyd before in my life; I went into the shop to ask the way to Tothill-fields, but nobody being in the shop I came out again.

To Edwards. Did these boys go into the shop together? - No; Floyd went in first, the other past the prosecutor's door, and turned back and followed Floyd in; they came down Dartmouth-row together.

Hawley. That was the first time I ever saw him; I asked him the way, and he said he was a stranger as well as I, and could not tell me.

FLOYD's DEFENCE.

I went into the shop to ask the way to Stutton-ground; but seeing nobody, I came out again; I found the clock lying behind a shutter place; I never saw Hawley before.

HAWLEY, NOT GUILTY .

FLOYD, GUILTY, Of stealing to the value of 39 s. Aged 13.

Tried by the first Middlesex Jury before Mr. RECORDER.

[Transportation. See summary.]

Reference Number: t17880507-11

341. TIMOTHY FOLEY was indicted for feloniously stealing, on the 4th of May , a watch, gilt with gold, value 30 s. a watch rim, value 1 d. a cornelian stone seal set in base metal, value 1 s. a base metal seal, value 1 d. two base metal keys, value 2 d. the property of James Fisher , privily from his person .

JAMES FISHER sworn.

I am coachman to the Hon. Mr. Urbie; last Sunday night I was very much in liquor; between twelve and one o'clock, I was standing fast asleep against a door in Oxford-buildings ; next morning I missed my watch, it was afterwards found in the prisoner's apartment.

GEORGE CUMING sworn.

I am a baker; I live opposite where this man lay in Oxford-buildings; on Sunday night my wife and I had been out, we returned about one; the prosecutor sat with his hands in his coat pocket fast asleep; I called the watchman, and left him with the man; the man was asleep then; my wife said, the man is drunk and the watchman will do him; I opened the door a little way, and saw the watchman pull the watch out of the man's breeches pocket, and put it within-side his own great-coat; he then went off calling the hour; we went in search of the prisoner, and found him next day, by means of the beadle; he would not let us in; it was a quarter of an hour before we could get the door open.

Why did not you take him that night? - I was afraid, because we had had a dispute with him that night; and I thought as he was a watchman, I should find him in the morning; it was a thing I did not know very well how to do.

JOHN BIDDINGTON sworn.

I am a beadle; the prisoner is a watchman; I and the watch-house keeper, and Cuming, went to search the prisoner's lodgings for a watch; he pretended he was drunk, and could not open the door; it was a long time before we got in; when we got in, I charged him with stealing the watch; he asked who the watch belonged to; but never denied having it, that I recollect; I found it among the ashes under the grate in his lodgings; Cuming

described before I went the string of the watch, and the seals of it, very perfectly.

(Produced in Court, and deposed to by the prosecutor.)

PRISONER's DEFENCE.

When I cried the hour ten o'clock; I found the prosecutor laying drunk in the buildings; the next time I came my rounds, I found the watch lying near the place where I saw the man; when I came to the watch-house next morning, there was nobody there, and so I took the watch home; my wife put it in the ashes for fear I should play any games with it, and she locked me in. The beadle knows my character.

To Biddington. What character does he bear? - I hope I shall be excused, as I am upon oath, I should hurt him.

GUILTY. Of stealing, but not privily from the person .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880507-12

342. JOHN SINCLAIR was indicted for stealing, on the 30th of April , eighteen same live pigeons, value 11 s. and two tame live ducks, value 2 s. the property of Henry Tomkins .

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880507-13

343. JAMES JONES was indicted for stealing, on the 18th of April , a cotton counterpane, value 14 s. and a silk handkerchief, value 1 s. the property of George Robinson .

GEORGE ROBINSON sworn.

I live in Ivy-lane, Newgate-street ; on Friday, the 18th of last month, I saw the counterpane and handkerchief taken from the prisoner; I know them to be my property.

JOHN JENNINGS sworn.

I am servant to Mr. Robinson; on the 18th of last month, I took the counterpane and handkerchief from the prisoner; the prisoner had been seen in the house; I went after him, and took him on Ludgate-hill.

FRANCES CLARKE sworn.

I am servant to Mr. Robinson; I saw the things taken from the prisoner; I know the counterpane to be my master's property.

The prisoner did not say any thing in his defence.

GUILTY .

Aged 12 years.

Tried by the London Jury before Mr. ROSE.

[Transportation. See summary.]

Reference Number: t17880507-14

344. THOMAS HARCOURT was indicted for stealing, on the 21st of April , a pair of cotton stockings, value 2 s. the property of Edward Gibson and Edward Nicholson .

EDWARD NICHOLSON sworn.

I am a linen draper , No. 23, Barbican ; on the 21st of April in the evening, in consequence of an information, I watched my window; I saw the prisoner put his hand in at the window, and take out a pair of stockings; the glass had been broke before; I took them from him, and delivered him to the constable.

JOHN EDWARDS sworn.

I am a constable; I took charge of the

prisoner; the prosecutor gave me the stockings; I have had them ever since.

(Produced and deposed to by the Prosecutor.)

PRISONER's DEFENCE.

I was coming by the window, there were twenty or thirty people round the window; I picked up the stockings, and was looking at them when the prosecutor laid hold of me.

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

GUILTY .

Tried by the London Jury before Mr. ROSE.

[Transportation. See summary.]

Reference Number: t17880507-15

345. WILLIAM HARBOTTLE was indicted for stealing, on the 8th of April , a piece of linen handkerchiefs, containing 13 in number, value 20 s. the property of William Tilsley .

NOT GUILTY .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17880507-16

346. HENRY SMITH was indicted for stealing, on the 9th of April , a silk handkerchief, value 1 d. the property of Edward Forshaw .

It appeared that the handkerchief was borrowed, and therefore ought to have been laid to be the property of the person of whom it was borrowed.

NOT GUILTY .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17880507-17

347. HENRY POWEL was indicted for stealing, on the 6th of April , a silk handkerchief, value 2 s. the property of Mathew Brown .

MATHEW BROWN sworn.

I belong to his Majesty's Custom-house ; last Monday morning about ten o'clock, near Holborn-court , I lost my pocket handkerchief; I missed it, turned round, and discovered the prisoner endeavouring to hide it under his coat; he dropped it, and ran across the street, and another person followed him and took him.

BENJAMIN LLOYD sworn.

I was going up Holborn; I heard the cry of, stop thief; saw the prisoner running, and caught him in my arms; Mr. Brown came up, and said, that was the man; that he had robbed him of his handkerchief.

PRISONER's DEFENCE.

I was running with the other people; the gentleman laid hold of me, and said, I was the man.

The prisoner called one witness, who had known him twenty years, and gave him a very good character.

GUILTY .

Tried by the London Jury before Mr. ROSE.

[Transportation. See summary.]

Reference Number: t17880507-18

348. MARY ANDERSON was indicted for stealing, on the 26th of April , three linen shirts, value 3 s. a cotton gown, value 2 s. a dimity petticoat, value 2 s. a child's cotton frock, value 6 d. two linen table cloths, value 2 s. a linen towel value 4 d. a linen pillow-case, value 2 d. a cotton waistcoat, value 10 d. a pair of cotton stockings, value 12 d. a linen handkerchief, value 2 d. a linen cap, value 1 d. a linen child's shift, value 2 d. a black silk bonnet, value 6 d. and a cloth clock, value 6 d. the property of Jonathan Whiting .

ANN WHITING sworn.

I live in Virginia-street ; on Saturday the 26th of April, as I was going into my

own house, between six and seven o'clock in the evening, I saw the prisoner coming out with a large bundle in her apron; I asked the person in the first floor, if any body had been to her; she said, no; I said then I was robbed; I ran after her, and asked her what she wanted; she said, she only knocked at the door; I told her, I saw her come out of the house; and desired her to walk back with me; which she did; I insisted upon seeing what she had; and I found my things upon her; she cried, and said, if I would let her go, she would not come near the house any more; I and some of my neighbours took her up to the Justices.

JOSEPH WEST sworn.

I am a constable; the prosecutrix came to me and told me, she missed a cloak and bonnet, besides what she found; I went to Newgate to her, and found them upon her.

PRISONER's DEFENCE.

My friends live at Bristol; I did take the things; I thought I had better do that, than be a common prostitute.

GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

[Transportation. See summary.]

Reference Number: t17880507-19

349. CATHERINE BROWN was indicted for stealing, on the 8th of April , a linen sheet, value 4 s. the property of Benjamin Fox .

BENJAMIN FOX sworn.

On Tuesday, the 8th of April, as I and my wife were at dinner, I perceived the prisoner going along the passage; I followed her, and stopped her about four yards from the door; she said, she wanted one Brown; I turned her cloak on one side, and found a sheet under it, folded up; I took her before a Magistrate, and she was committed.

The sheet produced in court, and deposed to by Mr. Fox.

ALEXANDER DOWAY sworn.

I am an officer; I took charge of the prisoner.

The prisoner did not say any thing in her defence.

GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

[Imprisonment. See summary.]

Reference Number: t17880507-20

350. WILLIAM BAKER was indicted for stealing, on the 27th of April , two silver table-spoons, value 20 s. the property of Thomas Ingram .

THOMAS INGRAM sworn.

I keep the Castle, in Portugal-street, Lincoln's-inn-fields , the prisoner was my pot-boy ; on the 27th of April we missed two table-spoons, we searched every part of the house, but they could not be found; we charged the cook with them; the prisoner burst out a crying, and said, he had taken the spoons and sold them; one for seven shillings, and the other for nine shillings, to a Mr. Turton and partner, in Fore-street, Cripplegate.

WILLIAM TURTON sworn.

I am a working silversmith.

Have you any spoons? - No, they are melted.

To Ingram. Has Mr. Turton ever been examined before? - Yes, before Sir Sampson Wright, at Bow-street.

Turton. The prisoner came to me on the 21st of April, with one spoon; he said, his father was a master taylor, that he was in distress and sent him to sell it; my partner bought the first spoon, but I was present; he came afterwards with another about a month ago, almost with the same story; I asked him, if his father had got any work, he said no; my partner came in just as I gave the boy the money; says

he, I cannot tell what to make of it; I sent our boy to watch him.

You had some suspicion then? - Yes.

Then how came you to melt the property when you had a suspicion it was stolen? - I did not know how to find out the owners; I kept them a week before I inelred them down; we take silver in exchange for our work, and we have as many spoons as any thing.

And do you buy of any stranger that comes to the shop? - No; but this boy came with so plausible a story, that, I did not doubt the truth of it.

When you suspected him then you melted it down? - I kept it a week first; I did not mean any harm.

Buying plate of strangers in this way, and destroying the evidence, is very improper conduct? - I promise you I shall never do the like again, and I am very sorry my name should be brought in question now; we work for some of the most capital houses in town.

You must be very careful for the future? - Indeed, I will.

Court. If you had not been examined before, I certainly should not have examined you now.

PRISONER's DEFENCE.

I did take the spoons, and sell them at Mr. Turton's.

GUILTY .

(Aged 13 years.)

Tried by the first Middlesex Jury before Mr. RECORDER.

[Transportation. See summary.]

Reference Number: t17880507-21

351. THOMAS BATES was indicted for stealing, on the 6th of April , two men's leather boots, value 10 s. the property of Edward Bell .

EDWARD BELL sworn.

On Sunday, the 6th of April last, between two and three o'clock, the prisoner took two odd boots off my counter; he was pursued and brought back with the boots.

WILLIAM WILLIAMS sworn.

I pursued the prisoner, and brought him back to Mr. Bell's, with the boots upon him.

PRISONER's DEFENCE.

I saw a boy go in and take the boots; I ran after him, and he dropped them; I picked them up, and this gentleman came and laid hold of me.

GUILTY .

(Aged 15 years.)

Tried by the first Middlesex Jury before Mr. RECORDER.

[Transportation. See summary.]

Reference Number: t17880507-22

352. HARRIOT DONKLEY was indicted for stealing, on the 28th of April , three wooden bobbins, value 1 d. and six ounces weight of silk, value 7 s. the property of John Dutch .

JOHN WALL sworn.

I am foreman to Mr. Dutch, who keeps a silk warehouse ; on Monday, the 28th of April, I was informed the prisoner had taken some bobbins of silk; I took these three bobbins out of her pocket, (producing them); they are Mr. Dutch's property.

ELIZABETH WEST sworn.

I saw the prisoner place the bobbins on the ground floor near her own mill, she went about the length of this Court from them, and then came back again and stooped over them; she put her hand through her pocket-hole, and took them up one at a time; I informed Mr. Wall of it, and he found them upon her.

( William West and Arthur Lawrence confirmed the evidence of Elizabeth West .)

PRISONER's DEFENCE.

I served my time with the prosecutor, and have worked for him ever since; I never

wronged him of any thing in my life before.

To Wall. Did the prisoner serve her time with Mr. Dutch? - Yes, and has worked for him ever since which has been some years.

What has been her character during that time? - I never knew any thing amiss of her before.

GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

[Imprisonment. See summary.]

Reference Number: t17880507-23

353. GEORGE FLETCHER , RICHARD LING , and WILLIAM MEDCALF were indicted for stealing, on the 19th of April , a silk gown, value 2 s. the property of William Field .

SARAH FIELD sworn.

I keep a clothes shop; on Saturday, the 19th of April, a little before nine o'clock in the evening, the prisoner Fletcher came in, and asked me for a second-hand shirt; upon that, Ling came in to him; I asked which of them it was for; Fletcher said, for himself; I told him, I had not one that was fit for him; upon that, he laid hold of a gown that hung upon a nail behind the shop door, he gave it a jerk to disengage it from the nail, and ran off with it; I ran out, and called, stop thief! but could not see any thing of them.

While they were in your shop, did Ling and Fletcher speak to each other at all? - No, I do not recollect that Ling spoke a word.

THOMAS LARKIN sworn.

On the 19th of April, I was going down Russel-court, I heard the cry of, stop thief! I saw the prisoner Fletcher and another running; Fletcher; I took particular notice of; I watched them across Drury-lane, and then went back to to the prosecutrix's shop; her husband went for Mr. Jealous; when he came, we all went into a house in Nag's-head-court, Drury-lane, where we found the three prisoners; the gown we found upon the middle prisoner (Ling)

CHARLES JEALOUS sworn.

I went in consequence of an information to No. 5, Nag's-head-court, Drury-lane, where I took the three prisoners; I heard Ling's voice as I went up stairs; I knew his voice as soon as I heard it; he had the gown under his arm; when he saw me he threw it down.

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

FLETCHER's DEFENCE.

I went to buy a shirt, but I did not touch the gown; I am as innocent as a child unborn.

LING's DEFENCE.

I went to see my sister who lives in this house; when I went in, these two young men were in the room; my sister shewed me the gown, she said, she had bought it of them.

(Medcalf was not put upon his defence.)

GEORGE FLETCHER , RICHARD LING ,

GUILTY .

WILLIAM MEDCALF, NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

[Transportation. See summary.]

Reference Number: t17880507-24

354. WILLIAM DUNFORD was indicted for burglariously breaking and entering the dwelling-house of Roger Buckmaster , on the 12th of April , about the hour of two in the night, and stealing a linen cloth, value 9 d. sixteen pounds weight of mutton, value 6 s. and thirty-six pounds weight of beef, value 10 s. the property of the said Roger.

A second Count, for that he being in the said house, and having stolen the said goods

did afterward break the said house, to get out of the same.

ROGER BUCKMASTER sworn.

On Sunday morning, the 13th of April, between six and seven o'clock, I was informed I had been robbed, and that the prisoner had been taken and carried to the round-house; about nine o'clock, the meat and cloth was brought me by the watchman; the cloth is a very particular one which I can swear to.

Did you miss any meat? - No.

In what state did you find your house? - The front door was unbolted, and the back door was open, but I believe that had been left open all night.

ANDREW MARTIN sworn.

I am a watchman; on the 13th of April, about a quarter past three in the morning, I saw the prisoner come from Mr. Buckmaster's door.

His back door? - No, the front door.

Did you see him come out at the door? - No, I heard a larch go, and saw him coming from towards the door, with fifty-two pounds of meat tied up in a cloth; he begged for mercy, and said, for God Almighty's sake to let him go!

John Lawrence, another watchman, who was with the last witness, when he stopped the prisoner, confirmed his evidence; and deposed, that he took the property from the prisoner, that they took him to the round-house, and carried the property the next morning to the prosecutor.

PRISONER's DEFENCE.

I was coming along, I saw something lie up against a pair of gates, I picked it up, I do not know what was it to this minute; the watchman came up and took it from me; what they have said, is as false as God is true.

To Martin. Was there any day-light when you saw the prisoner come out of the house? - It was moon-light; it was beginning to be day-light.

Was there day-light enough for you to see the man coming out? - I believe there was.

To Laurence. What do you say to that? - There was, I am certain of it.

To Buckmaster. Do you take so little account of your meat that you might lose fifty pounds of it without missing it? - I might have missed it if I had looked after it; I missed a shoulder of mutton when I came down; I had but one left in the evening, that was gone; it was found upon the prisoner.

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

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

Tried by the first Middlesex Jury before Mr. RECORDER.

[Transportation. See summary.]

Reference Number: t17880507-25

355. CATHERINE HOUNSUM was indicted for feloniously stealing, on the 24th of April , a silver table spoon, value 10 s. the property of Henry George Little , Baronet .

BENJAMIN NICHOLSON sworn.

I am butler to Sir Henry George Little ; the prisoner was a servant in the house, assistant to the cook; she was dismissed the 24th of April; I believe the day she went away, I missed two table-spoons.

How soon did you hear of them? - Not till Mr. Muncaster brought them to our house.

JAMES MUNCASTER sworn.

I am a pawnbroker, in Chandler-street, Grosvenor-square; on the 26th of April, the prisoner brought a silver table-spoon to me to pledge; by some questions I put to her, and her answers, I suspected it was not her own; she said, she bought it of a dustman for seven shillings; upon enquiry, I found she had lived at Sir Henry Little 's;

I went and found they had lost the spoon.

(The spoon was produced in Court and deposed to by Nicholson.)

PRISONER's DEFENCE.

The spoon fell out of a dust cart; I took it up, and told the dustman of it; he said, I might take it to eat my porridge with.

GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

[Transportation. See summary.]

Reference Number: t17880507-26

356. WILLIAM MACSALL was indicted for feloniously stealing, on the 5th of May , a brown gelding, value 40 s. the property of Henry Heald .

The indictment was opened by Mr. Garrow.

HENRY HEALD sworn.

I am a pork-butcher at Barnet; I saw my horse on the common about 11 o'clock last Sunday morning; he had been there ten weeks, or three months; I missed him upon Monday morning; yesterday morning I found him in the possession of the next witness; the prisoner was taken on Monday night, and carried before the Justice at Barnet; he said, he had no excuse to make, that he stole him to sell him.

Was any promise made him? - No.

Nor threatening? - No; he has been about Barnet ten years.

JOHN CAVELL sworn.

I am one of the gate-keepers at Battle-bridge turnpike; on Monday, about twelve at noon, the prisoner came up to the gate, riding a horse without a bridle or saddle; I asked him what he was going to do with him; he said, he was going to sell it; we agreed, and I gave him fifteen shillings and a pot of beer for it; I put him to the side of the road, to the grass; he eat there I suppose for two hours; after he had been there that time, he could not move; and when I found he could not do any business, I sent to Mincher, a horse-boiler, and sold it to him for a guinea and six-pence.

How came you to buy the horse of this man? - He said, he was going to sell him; and asked a pound for it.

Was not the horse worth more money? - No; not to my judgment.

JOSEPH MINCHER sworn.

I am a horse-boiler; I bought the horse of Cavell; I gave him a guinea and six-pence.

Was that as much as it was worth? - More than it was worth; it was an uncommon poor one; I was half an hour getting it a quarter of a mile.

To Heald. What do you think it was worth? - I think forty shillings.

JAMES TAYLOR sworn.

I am a day labouring man at Barnet; I know the prisoner; I saw him riding the horse off the common with a halter, by Barnet gate; he said, he was going to Edgeware, about five miles from Barnet.

Did you know him very well before? - Yes; for twenty years, and upwards.

Cavell. He told me he would bring me another to morrow.

To Heald. Had you another horse on the common?-Yes.

PRISONER's DEFENCE.

I did not think of taking him away; I thought to have rid him a little way.

GUILTY , Death .

Aged 70 years.

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880507-27

357. SARAH HOUSE was indicted for feloniously stealing, upon the 17th of April , a linen shirt, value 3 s. the property of William Courtland .

MARY COURTLAND sworn.

On the 17th of April, I had been washing, and hung seven shirts out of the window to dry, about a quarter after eight in the evening; in a quarter of an hour, I missed one of them; Henry Barlow saw the prisoner going out, and bid me see if every thing was safe: on missing it, he followed her, and brought her back.

HENRY BARLOW sworn.

I saw the prisoner go out with a great cloak on; I followed her, and told her, I suspected she had something she should not have; she said, here, take it, and let me go; and gave me the shirt from under her cloak in the street; I took her to Bridewell; I could not get a constable.

The shirt was produced in court by Barlow, and deposed to by the prosecutrix.

The prisoner did not say any thing in her defence.

GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

[Transportation. See summary.]

Reference Number: t17880507-28

358. CHARLES THOMPSON , alias GOULDING was indicted for stealing, on the 17th of April , a silver watch, value 1 l. 11 s. 6 d. and six guineas, and 21 s. in money, the property of John Miller , in the dwelling house of Elizabeth Goffee .

The prisoner was taken pawning the watch.

GUILTY, Of stealing the watch, to the value of 1 l. 11 s. 6 d.

Transported for seven years .

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

Reference Number: t17880507-29

359. THOMAS BARNETT and THOMAS RILEY were indicted for stealing, on the 6th of May , twenty yards of silk ribbon, value 5 s. the property of Joseph Weeden .

The prisoners were seen drawing the ribbon through the window.

BOTH GUILTY .

Transported for seven years .

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

Reference Number: t17880507-30

360. JEREMIAH GRACE and MARGARET SULLIVAN were indicted for that they, on the 29th of April , a piece of base coin resembling the current silver coin of this kingdom, called a shilling, falsly and deceitfully, feloniously and traiterously did colour with materials, producing the colour of silver .

A second Count, for that they, a round blank of base metal, of a fit size and figure to be coined into counterfeit milled money, did colour with materials producing the colour of silver.

Third and fourth Counts, for colouring with materials producing the colour of silver, a piece of base coin of a fit size to be coined into a counterfeit sixpence.

The case opened by Mr. Silvester. - The witnesses examined apart.

WILLIAM WHITEWAY sworn.

(Examined by Mr. Reeve.)

I am a headborough for the parish of Wapping; I was at a house in Tennis-court, Middle-row, Holborn , last Tuesday was a week in the evening, between eight and nine, the 29th of April, there was Peter Mayne and William Robinson ; according to our information, we went up one pair of stairs, the door of the house was upon the latch; we let ourselves in and went up very softly; Mayne went first, Robinson next, and I next, but when we got to the top of the stairs, we all went in together; I have reason to think that one of my partners, (Mayne) opened the door, it was not open, but it was not locked, and I thought by the position that the prisoners were in, that it must be opened by one of our people; the first object that drew my attention, was the woman prisoner; she was sitting at a table with a candle before her, she had a six-pence in her left hand, and this stuff in her right, rubbing it with this piece of stuff; I seized hold of her right arm immediately; I said to her, my dear woman! how can you engage in so dangerous a business as this? she made no answer, but fell back in her chair; the people that

were with me took the six-pence out of her hand, I had it from Robinson; I have it here sealed up; I took nothing from her but this black stuff, I took out of her hand; here is a little phial that I found on the table before her; here is some scowering paper, and a little file that was also there, and some leather, and this piece of a hat box; all those things were laying there, and a brush; I have nothing else, that was all that I took.

Describe the situation you found the man in? - The man was sitting at the fire side, boiling something for supper; there was something cooking; I can say nothing about the man, only the situation I found him in.

PETER MAYNE sworn.

I went with the last witness and Robinson, in going up stairs to the front room, I turned round and saw the woman at work with a six-pence, and a light before her; I was the person that opened the door, and they were sitting close to me, the house door was on the latch; the last witness, Whiteway, laid hold of the woman by the right arm, I went round to her left side, and she let this piece of rubber drop into her lap.

Prisoner. That I had not; why will you tell such cursed stories? - I took it from her, and there were two six-pences in her lap along with it, loose; then with her left hand she took this parcel of money, and put it under her him; she took it from her lap and put it under her ham; I took it from her, and left her in custody; then I turned round to the man, and he had one new shoe on his right foot, and the other just by him, and in that shoe I found this sample of money unfinished; it was in that brown paper as it is now; I asked him, if it was his shoe; he said; it was; and after I took the money out, he put his shoe on the other foot; I found this file by the side of the woman, and I found this pair of pliers; nothing else.

Mr. Knowlys Prisoner's Counsel. You say this room where the prisoners were, was latched? - It was with a knob; it was not locked.

The man you say, was fitting by the fire? - He was; and looking at the woman when we came in.

The man had two shoes on? - He had a new shoe on his right foot; and I suppose in his flurry, he put the slipper on.

Do not suppose any thing; you do not come here to suppose; had the man two shoes on, or had he not? - No, he had not, he had an old slipper, and a new shoe.

Both his feet were covered? - No, I beg your pardon; on the left foot was an old slipper, not up at the heel; after I took the money out of the new shoe, he put the new shoe on.

Did he put the new shoe on before you took him away to carry him to the Justice? - No, he did not, he put it on in the room, before we took him and the woman out.

You told them they must go? - Yes.

Till that time he did not put on the shoe? - I asked him if it was his shoe; and he said, yes.

The man owned to the shoe directly? - Yes.

This man was cooking his supper? - I cannot say what he was cooking; he was fitting by the fire, there was a kettle of some sort on the fire.

What was in the kettle; did you examine it? - I believe there was potatoes in it.

And I suppose you might believe that was for his supper? - Very possibly.

The man was blowing the fire, was not he? - Yes.

Nothing on the fire but these potatoes? - Not that I saw.

I should be glad to know who you are? - I am an officer.

What kind of officer? - Headborough.

Where chosen? - I was sworn in at Westminster.

When? - The Monday after Easter; out parish officers are generally sworn in there.

Was you sworn in as a parish officer there? - Yes, a regular officer for the parish of St. John's, Wapping.

How long have you been headborough? - Four or five years.

Regularly elected every year? - Yes, Sir; I am a substitute for another gentleman in the parish.

You swore you was the headborough? - I am substitute for a gentleman in the parish; here are some of the inhabitants who know it.

Do not you attend at one of the offices as runner? - I do.

WILLIAM ROBINSON sworn.

I live in East Smithfield, almost facing Mr. Smith's office, No. 138, I keep a green stall; I am a labouring man, and I work in Mr. Quenton's glass-house, I went with the two former witnesses; I had the information first, and went with them; I went up stairs, I observed this woman at the bar, sitting at the table with a candle before her, and seemingly was doing something.

Mr. Knowlys. Do not tell us seemingly, tell us what you saw? - Sir, I will tell you what I saw, I hope you will let me give my evidence easy; in her fingers she had a six-pence, rubbing it; Mr. Whiteway caught hold of her arm, I immediately caught hold of her arm, and twisted the six-pence out of her fingers, and immediately put it into my mouth, and gave it to Mr. Whiteway; and he marked it, and I marked it; it has been in Whiteway's keeping ever since; it is in this paper, (produced) the seal has not been opened.

Whiteway. I had all the other things from Robinson.

Robinson. I found six-pence, which I took out of her hand, which she was rubbing; the next article I took, was in a particular place over the chimney; I took hold of a china mug, and in looking in the mug, I found twenty-four base sixpences, and twelve base shillings; on a mantle piece, over the fire places, I found eleven sixpences and one shilling, in a tea cup; I found two shillings on the mantle piece; here is a shilling which I took out of the man prisoner's left hand pocket; in looking round the room, I found this piece of money in an old lanthorn.

Mr. Knowlys. This is a piece of copper.

To Robinson. What are you? - A labouring man; I work at Quenton's glass house; I am a space man, constantly with the stoker, one week in the day time, and the other at night; I have been acquainted with Mayne and Whiteway ever since I came home from tea.

What are they? - They always passed to me to be officers of Justice.

Runners at some office? - Yes.

So they have been there five or six years? - Yes; I never was but in one business of this sort before; I do not know their abilities, any more than seeing them.

Court. What do you say, you was concerned with them? - In taking some people once.

For what? - For a felony.

Mr. Knowlys. What did you get that time? - I got a trifle of money.

So you will now? - God knows, Sir; I did not look for that, I cannot stop peoples ears when they come into my place; I kept the sixpence in my month ten or twelve minutes; I and Whiteway marked it, and I brought it home with me, and gave it to Whiteway after the people were committed to gaol; it was the next day about ten or eleven.

Did you keep it in your mouth all the time? - No, in my fob separate.

Had you never any bad sixpences of shillings? - Sometimes, frequently in our shop.

You have taken many such a shilling as this? - I might, or might not; see we are all liable to take bad money.

And you have taken many such a six-pence as this too? - No, I cannot say that I have to my knowledge.

JOHN CLARKE sworn.

You have been employed many years for the mint, for the discovery of the coiners? - Yes.

There are a variety of things that have been found; you will give your opinion to the court, whether this piece of stuff and leather are made use of in the colouring of money, as well as this bottle; look also at this money? - These are as they come from the caster's; these are cast, they are not blanks; they have impressions upon them; after they are cast, they are filed round the edges, and smoothed round with scouring paper; after they are smoothed, they put them in aqufortis.

Look at that bottle; what has been in that? - Aquafortis; wherever there is counterfeit metal with any silver in it, by putting it into aquafortis, it draws on the surface the silver, and brings the white on the surface; then they are scoured with sand and water, and they put some black stuff on them, and then they are fit for currency.

What is the use of that black stuff? - In order to take the brightness off from the scowering.

That deadens the white? - It does so; it makes them look old, as if there was a grease upon them; they are in different stages; here are some that are cut out in round blanks, the others are cast.

Is any thing wanting? - No; I cannot say that there is; there was some black stuff, but I do not see it here; yes it is here, every thing that is necessary to compleat the business is here.

Are there any pieces that are fit for circulation here? - A great quantity.

Mr. Knowlys. You say that bottle before you, is aquafortis you think? - The bottle is not, but there is a quantity of aquafortis in the bottle.

Is that decidely aquafortis, have you any doubt of it? - I have not a doubt in the least.

It is strong at present, is it? - No, it is not, it has been lowered.

Pray have you ever tried an experiment with marine acid of spirits of sea salt? - I have not.

Do you know wherein is the difference, between the spirits of sea-salt and the spirits of nitre aquafortis? - No Sir, I do not.

Have you ever seen the spirits of sea-salt marine acid? - Not that I know of

Then you do not know that it is of a different colour? - No, I do not, but I am sure that this is aquafortis.

But you never tried the effect of spirit of sea-salt on a cork, whether it will produce the same effect? - No, I cannot say I did.

You was before the Magistrate? - Yes.

I believe it is very well known, that aquafortis is necessary to produce this colour? - It is so.

Those persons who apprehend persons that are suspected of coining, know that likewise? - Why no, Sir, it turned out before the Magistrate, that was not the case at that time, it did not appear that the officers knew the nature of aquafortis, nor what the effect of it was.

You did not see this bottle till it was produced before the Magistrate? - No; I did not.

(The several things banded to the Court and Jury.)

Court to Whiteway. Was there any thing in the bottle when you found it? - Yes, there was a little drop, rather more than there is now; Mr. Clarke tasted it at our office; I did not know what it was; I have had the custody of it all the time.

Mr. Knowlys. How often have you been concerned in taking coiners? - Never before.

You have been here at the trial of coiners? - I do not know but I might; I know nothing of the business at all.

Are not you here every sessions? - No, not every sessions; I have this to say, that I know nothing of the business; and what I have brought here comes just as it is, such things I found.

MARY DANIELS sworn.

My husband is sick in bed, that is the reason of his not attending here; I live in Deans court; the two prisoners lived in my apartment, in the one pair of stairs; they had lived there about five weeks; they came out of Middle-row, Holborn, into Deans-court, which is not a hundred yards; I was down stairs when the officers came, I heard them fight; I did not go up till the other lodgers sent for me; I knew nothing of it; I was very much surprized; I was in the room afterwards; the gentlemen gave me a caution to put the fire out.

Did they come is man and wife? - Yes.

How long had they been at home that afternoon? - Sir, the good woman had been at the wash tub, and she came in, I heard her come in, and the man was at home; and when she came home, he said; my dear, I have been at at work two hours.

Mr. Knowlys. This man gets his living by selling greens and potatoes about the streets? - No, he does not, he works at the labouring business; sometimes when he has business, I suppose he goes; I do not know any thing about it; I am out in the morning part; I know he is a labouring man, and goes out sometimes to labour.

RICHARD FRANKLIN sworn.

I am one of the moiners of the Mint; they are base.

Mr. Knowlys. Look at the sixpence that was found on the woman? - It is bad.

Mr. Knowlys submitted to the court, that the prosecutors had made out no case against the man; in the act of parliament the charge against him, being for traiterously colouring; and he contended that upon this act of parliament they must prove against the person whom they indict the fact of colouring, or counselling, aiding, and abetting in colouring; and the only evidence against the man, was that he was in the room, where pieces of base money were found; and where a woman might, or might not be supposed to be doing an act; and he submitted, that there was no evidence to affect him, as he was not actually in the act of colouring; and as to counsel, he contended there was no evidence; nothing being proved that he set this woman to work; that he advised her to do so, or gave her any emolument for so doing.

The Court over-ruled the objection.

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

JEREMIAH GRACE , MARG. SULLIVAN,

GUILTY , Death .

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

[Death. See summary.]

Reference Number: t17880507-31

361. ELIZABETH JONES was indicted for feloniously stealing, on the 5th of April , a pair of silver shoe buckles, value 12 s. the property of James Emery .

JAMES EMERY sworn.

I am a lighterman ; on the 5th of April, about two o'clock in the morning, I went to the Talbot-inn along with the prisoner; we went to bed together; I fell asleep; when I awaked in the morning, she was gone; they were in my shoes when I went to bed.

Was you sober? - Yes; on the Monday night following, I met her, and with another young woman; she said, she hoped I would not hurt her, and she would tell me where my buckles were; I asked her where they were.

Did you tell her, you would not hurt her, if she told you where they were? - No; she said, they were in Westminster.

Did you ever get them again? - Yes; at Mr. Wright's, pawnbroker, in Westminster; I stopped her, and took her to the watch-house, at the New Church,

in the Strand; an officer of Litchfield-street went to the pawnbroker's.

ROBERT SAYER sworn.

I am a waiter at the Talbot-inn; the prisoner and the prosecutor came in about two o'clock in the morning; I believe about the 5th of April, I cannot tell the day; I asked the young man if he wanted a bed for him and his wife; he said yes; I shewed them up to bed, and in about half an hour after the prisoner came down; I turned the key of the door, that nobody should go into the room afterwards; I know nothing of the buckles.

James Kimber , the pawnbroker, was called, but not appearing, his recognizance was ordered to be estreated.

PRISONER's DEFENCE.

He had no money, he gave me the buckles.

Prosecutor. I gave her two shillings.

GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

[Transportation. See summary.]

Reference Number: t17880507-32

362. WILLIAM MACDONALD was indicted for burglariously breaking and entering the dwelling house of Thomas Hayton , on the 18th of April , about the hour of one in the night, and stealing two pewter dishes, value 3 s. two dozen of water plates, value 18 s. two pewter cullendars, value 3 s. two copper tea kettles, value 5 s. and two copper saucepans, value 5 s. the property of the said Thomas.

The indictment was opened by Mr. Garrow and Mr. Knowlys.

THOMAS HAYTON sworn.

I keep the three jolly weavers, Bethnell-green-road ; my house was broke open on Friday night, the 18th of April; I was last up, I made every thing fast and secure, all the doors and windows, and found them all secure that were below stairs; I went to bed about a quarter after twelve, and got up about five in the morning.

How did you find your house when you got up? - The front of the house was all secure, as I left it at night, I went into the kitchen with intention to open it, and found the sash up about six inches from the sill.

What do you call the fill? - The bottom part that the sash rests upon; I put it down close when I went to bed.

Upon your oath, was that sash secured over night? - I know it was positively; I went with intention to unbolt the shutter and found it had been forced open; it was bolted over night, about two inches below the bottom rail of the sash.

How do you suppose that the shutter had been opened? - Either by an iron chissel or crow, by taking four or five different purchases on the outside; there were four impressions of some instruments.

To get at the window, the shutter must have been opened? - Yes, they could not get the bolt off; they broke the lining of the sash out; I opened the bank door, I found that fast as I left it; the garden pots that stood on the inside of the window were taken off, and set upon the ground in the yard, close to the back door; I missed the things mentioned in the indictment; I know nothing of the taking of the prisoner.

JOHN DAVENHILL sworn.

I am a gardener; I live at the back of the prosecutor's house.

Do you remember the day his house was broke open? - Yes, I was in the house between nine and ten o'clock that night, I had been at work for him; I went home and went to bed; I live about twenty or thirty yards from his house; a little before one o'clock, I had occasion to get up, I went into the necessary, I heard a rumbling noise and thumping, as if they were breaking into some place; the noise seemed

to come from the prosecutor's house; there is no other house between his and mine; I heard two or three tongues; but I could not tell who they were; I did not know but it might be some of his servants.

JOHN HAYCOCK sworn.

I am a plaisteror; upon the 19th of April I got up at four o'clock in the morning, to go to my business.

What day of the week was it? - Saturday, the morning the house was broke open; it might be twenty minutes after four; I saw the prisoner and two more close to my house, which is about a quarter of a mile from the prosecutor's; he was loaded; he had a couple of large ten kettles and two saucepans; I suspected him, and stopped him; I said, he had something that was not his own; he grumbled something, what is that to you? or some such thing; I caught hold of him, he dropped the bag; his two accomplices immediately ran away; and then he broke from me.

How long had you hold of him? - Not a minute.

From the observation you took of him, are you sure the prisoner is the man? - I am.

Had you known him before? - I never saw him before to my knowledge.

Are you certain he is the person? - Yes.

He got away from you upon that occasion? - Yes, and left the property behind him.

The property was produced in court, and deposed to by the prosecutor.

PRISONER's DEFENCE.

I don't know any thing at all about it.

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

Tried by the second Middlesex Jury before Mr. ROSE.

[Transportation. See summary.]

Reference Number: t17880507-33

363. JAMES THOMAS was indicted for that he, on the 27th of April in the King's highway, in and upon Thomas Taylor , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person, a linen handkerchief, value 6 d. a pair of nankeen breeches, value 2 s. a linen shirt, value 2 s. and a cambrick handkerchief, value 10 d. the property of the said Thomas.

THOMAS TAYLOR.

How old are you? - Fourteen.

Did you ever take an oath before? - At the Justice's.

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

What will become of you if you don't tell the truth? - I shall go hell.

THOMAS TAYLOR sworn.

I am apprentice to Mr. Andrews; going up Oxford-road with a bundle, between nine and ten in the evening, I met three men.

Were they talking together? - I did not take notice, they were coming past behind me, and one of them snatched the bundle from under my arm; I turned round, and took hold of his coat.

Was it the prisoner that took it from you? - No, I saw the prisoner running across the road, with the bundle under his arm; I caught hold of the man that took it from me; he said, I have not got your bundle, there is the man with your bundle, going across the road; I saw him, and followed him.

Before the bundle was taken from you, was you pushed by any body, or did you receive any blow? - No.

When it was snatched out of your hand, did you catch at it, so as to make any resistance? - Yes; I saw my bundle the next day at the Justice's; it contained the things mentioned in the indictment; they are all my property; Philpot the constable has them.

There was no conversation between the prisoner and the other two men that

you heard? - Not any that I heard.

Mr. Knowlys. There was no kind of violence made use of at all? - No.

How long was it before the prisoner was taken? - About three minutes.

He was not the person who took it? - No.

You heard no conversation at all? - No.

GEORGE READ sworn.

I was crossing Princes-street, Cavendish-square, I heard the cry of stop thief; the prisoner passed me with a bundle, I struck at him, and he dropped the bundle, which I took up, and carried it to the watch-house; he was taken by Mr. Davis.

Should you know the bundle again? - I should not.

PHILPOT sworn.

This bundle (producing it) was delivered to me by an old man, who had received it from Mr. Read; he is not here; it has been in my possession ever since.

RICHARD DAVIS sworn.

I am in the India-house; coming down Oxford-road, I heard the cry of stop thief; I saw the prisoner running, and stopped him, and took him.

Had he a bundle? - No; I saw Taylor at the time, he said, a man had taken his bundle, and given it to the prisoner; I saw the bundle about two minutes after the prisoner was taken.

Should you know it again? - Yes.

Look at that bundle, is that it? - That is it; Taylor said it was his bundle.

Who produced it in the street? - I believe Mr. Read.

To Read. The bundle you picked up, was shewn to the prosecutor? - It was opened by the boy at the watch-house, and examined by him; but whether this is the bundle or not, I cannot say.

To Taylor. Is that the same bundle you examined at the watch-house? - Yes; the breeches and shirt are marked with my name; I am sure the things are all mine.

Mr. Knowlys. You did not see the contents of the bundle till you came to the watch-house? - No.

Who shewed it you then? - The master of the watch-house.

He is not here? - No.

To Mr. Read. You don't know the bundle yourself? - I do not.

How do you know that it was the same bundle that was opened? - I laid it down on the table in the watch-house, and it was opened and examined by the boy.

PRISONER's DEFENCE.

I heard the cry of stop thief; I ran with the other people, and was taken by this gentleman; I know nothing of the things.

The Prisoner called his master and another person, who gave him a very good character.

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

Tried by the second Middlesex Jury before Mr. ROSE.

[Transportation. See summary.]

Reference Number: t17880507-34

363. JOHN BRUCE was indicted for stealing, on the 11th of April , a pair of linen sheets, value 17 s. a linen shirt, value 6 d. a linen shift, value 2 s. 6 d. the property of Susannah Try .

The prisoner was taken with the property upon him.

GUILTY .

Transported for seven years .

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

Reference Number: t17880507-35

364. HENRY FONSECA was indicted for stealing, on the 16th of April , a pattern book, containing twenty-four

base metal coat buttons, value 6 s. the property of Christian White .

CHRISTIAN WHITE sworn.

I am a taylor ; I lost the metal buttons mentioned in the indictment, the value is 6 s. on the 16th of April, I came through Petticoat-lane , there were a number of men collected together, as I came up they divided, and as I came to the wall, one of them stood against the wall with a stick and a knife in his hand; I looked at him, and the prisoner stole the book out of my pocket; I had some other things under my arm; I went to a neighbour and left my things; I went to the prisoner for my book; he blasted my eyes, and said, he would not give it me; I went and fetched the watch, and then the prisoner drew a knife out of his right hand pocket, and put it to my breast, and said, blast me, he would run me through; I am sure it was the prisoner; after he took the book, he held it up, and damned my eyes, and said, I was nothing but a taylor, I had nothing but buttons in my pocket; I had seen the prisoner, living in Spital-fields, nine or ten years; I remember him for two years past, but never was molested by him before.

TROMAS RICHARDS sworn.

I took charge of the prisoner; when I took him, a number of them came up to me, and asked me in a blasphemous manner, what the man had done; I insisted on his going with me; I suppose there were fifty or more rescued him, and with the loss of half his coat; I am sure it was the prisoner that was shewn to me by the prosecutor; I knew him exceeding well above all men in London.

PRISONER's DEFENCE.

I was going along Petticoat-lane, I passed by that gentleman; he said young man. I believe you have picked my pocket; I said, no; in a quarter of an hour he came back with the patrol and took me; we both struggled together, and I got away; the patrol saw me several times since, and did not take me; I had plenty of witnesses yesterday, but they thought my trial would not come on to day.

GUILTY .

Transported for seven years .

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

Reference Number: t17880507-36

365. MICHAEL HOY was indicted for that he, about the hour of one in the night, on the 8th of April , in the dwelling of Mary Young , Spinster , without breaking the same, feloniously did enter, and feloniously did steal two silver spoons, value 11 s. a silver caster, value 11 s. a silver strainer, value 1 s. seven guineas, and two shillings, the property of the said Mary Young : and a silver tankard, value 6 l. a silver chafed cup, value 37 s. two silver salts, value 20 s. a pair of silver sugar tongs, value 5 s. two guineas and a half-guinea, the property of Margaret Young , Spinster, in the same dwelling house; and the indictment further states, that afterwards, about the hour of two in the night, he the said Michael Hoy , the said dwelling house feloniously and burglariously did break to get out of the same .

(The witnesses examined apart at the desire of Mr. Garrow, prisoner's counsel.)

MARY YOUNG sworn.

Where do you live? - In Leadenhall-market .

Are you a house-keeper? - Yes.

On the 8th of April last did you lose any part of your property? - Yes.

Give me an account of it; speak up that I may hear you? - A good deal of plate.

Did you lose two table spoons? - Yes.

What was the value of them? - Twelve or thirteen shillings apiece.

Were they worth twenty shillings? - Oh! yes.

Did you lose a silver pepper castor? - Yes.

Was that worth eleven shillings? - Yes, I dare say it was; the plate is here in court.

Did you lose two silver salts? - Yes.

Were they worth fifteen shillings? - Yes.

Did you lose five silver tea spoons? - Yes.

Were they worth twelve shillings? - Yes.

Did you lose a silver tea strainer? - Yes.

What was that worth? - I do not know.

Was it worth one shilling and nine-pence? - It was worth more than that.

Did you lose seven guineas? - Yes.

Did you lose a silver tankard? - Yes.

What was the value of that? - Seven pounds I believe.

Did you lose a silver chafed cup? - Yes.

Was that worth thirty-seven shillings? - Yes; it was a very large one; they were all my property; the rest were my nieces.

Were these all taken out of your house? - Yes.

Have you reason to charge the prisoner? - I know the prisoner.

Of your own knowledge? - Yes.

Have you reason to charge the prisoner with taking these articles that is spoke of? - Yes; the prisoner came into my house about one in the morning; the street door was left on the jar; he came in; nobody was there; and he hid himself down in the cellar; for he owned it himself; he lived with a neighbour opposite to us; I know him very well.

What business did he carry on? - He lived servant at a fishmonger's.

Your house was open when he came in? - The door was upon the jar.

How came that? - My niece went over the way; we have another shop; and I left the door open at nine in the evening; my niece came in almost directly; she did not stay above a quarter of an hour; we saw nothing of the prisoner at that time, nor during that night; at one o'clock in the morning he came up in the chamber.

Did you see him? - No; but we felt him; he came and flung himself across the bed; we were in bed and in sleep; he demanded our money, and said, he came for money, and money he would have.

Did you lay alone? - No, my niece and me were in bed together.

Some person came and threw himself across the bed, and demanded your money? - Yes; I did not know his voice, but my niece did.

What happened after? - He went out after he had the money and the plate.

Did you give him any money? - Yes, I gave him about two guineas and a half, and two shillings, in a bag.

Did he take any thing else besides the two guineas and half-a guinea and two shillings? - Not that I know of besides the plate.

Did you see him take the plate? - No, I did not, but I lost that quantity of plate I have mentioned, and it was found upon him; then he left the room and went down stairs; I asked him how I should get out; he said, I shall lock the door, and will put over the key for you to come out; I went out and called in the watchman, and the things were gone.

Then he left your house without discovering who the person was? - Yes, we got up and struck a light, and went down into the market and called the watchman, who came up.

Did you make any discovery? - None at all, only we lost our property; nobody was in the house when the watchman came; nothing more happened in the course of that night.

Mr. Garrow. You are a single woman, you have never been married? - No.

MARY YOUNG , the younger, sworn.

I am niece to the prosecutrix, she lives in Leadenhall-market, and I live with

her; on the 8th of April last, about a quarter before one, as near as I can recollect, we were in a dose, not in sound sleep, and somebody came on the bed, rushed on my arm; and I cried, oh dear! who be you, how came you here? the answer was, be still, and I will not hurt you; that was repeated two or three times; I cried, which way did you come in? and he said no matter; but he had that about him that would do for us, if we made any resistance, for he never went out without a pistol or hanger; but he would not hurt us if we were still.

Did he demand your money? - Yes; he said, he wanted money; the money was given him; the first money was given by my aunt; I do not know the amount of it.

Did he take any money from any other person besides your aunt? - He said, it was not money enough, and I got out of bed and unlocked the box, and gave him two guineas and half.

Was that the whole that was in the box? - No it was not; then he said, was that all? and I said, would you distress me to the last half guinea? and he said no more; but said, I will not hurt you.

Was that money taken out of the box yours, or your aunt's? - That was my property.

What passed afterwards? - He told us to go to bed, and be quiet, and make no noise.

And he sat upon your stairs, and you had a little conversation with him? - I had not, my aunt had.

Did he set upon your stairs, or stand? - That I cannot tell, because I was in the dark; and my aunt said (I wish to speak this) my aunt said, have you been in this way before? that was of robbing; and he said, yes, many times; but he never hurted any one, without they were obstreperous, or turbulent, or any thing of that kind; and I made answer, it was a very bad way of doing; but wherever you go never commit murder, for the life would do him no good, and it would save him, I did say, I think, from the gallows, (which you know is a vulgar way of speaking) the longer.

Court. So you had this conversation, after he took your property and had left your room, on the stairs? - Yes.

He came in at one, and did not leave your apartments till after the watch went half past two? - Yes.

Had you any knowledge of the person with whom you was holding this conversation? - Yes, I had.

From what circumstances? - By his voice.

Had you been acquainted with the prisoner before? - Yes, I have known him this three years.

Did you know it was the prisoner at the time? - I knew it was his voice, but I did not say it was him at the time; it is hard saying to the person by the voice.

Then do you apprehend that the voice was similar to the prisoner's voice? - Yes, I did, when he had spoke three words; and I pinched my aunt that she might not speak, because being an antient woman, she might have cried, oh Mich! is it you?

As far as I understand you, you have acquainted with the prisoner for three years? - So far as neighbours, speaking good night, or good morning; but no conversation particular.

Did you deal with the fishmonger that he lived with? - Very little; a little now and then; he served me before now with a trifle; he always behaved very civil.

But nothing more than good night, or good morning? - Nothing more.

When did he leave the house? - I think the watch went half past two; a person called up a neighbour to go to Billinsgate to buy fish, and when the watchman come the half past two, he said, I shall not be in your house above five minutes longer, and he would lock the door; my aunt said, how shall we shut the door after you, when you are gone? and he said, he would take care and lock it.

Court. This was very familiar conversation that your aunt held with him, I think? - Yes, and me too; he locked the door, and threw the key in, that we might have it, when we came down stairs; my aunt and me came down, opened the door, and called in the watch; and we had the house searched from top to bottom; there was no nail moved, nor lock broke; then I immediately said, he had hid himself in the cellar.

How could he throw the key in? - He could shove it in under the door, or shove it through the lattice; I heard the key go down, and then I said, now he is gone.

Did you lose any part of your property? - A silver tankard, a silver chased cup, two silver table-spoons and tea-tongs; they were my property separate from my aunt's; I brought it with me; I saw the several things that same night at half after ten; when we went to bed; there was a dark lanthorn left in the cupboard, instead of the plate.

Did you see any thing of the prisoner during the course of that night or the next day, or any other time? - Yes; I frequently saw him when I used to go down to the shop, but I did not take any particular notice; I dare say he was at the shop as usual.

Had you any other reason to suspect the prisoner took this plate and money, except from the circumstance, that you knew his voice? - So far; when we put out advertisements from Goldsmith's-hall, in consequence of my advertisement the plate was found, by Mr. Wright, in Tooley-street, a silversmith; the whole was found there.

Then will you inform me, whether you of your own knowledge knew any thing to affect the prisoner, being the person guilty of the fact, except the circumstance of his voice resembling? - No.

Mr. Garrow. You were much frightened? - Yes, it is very natural.

You were very much frightened? - Very much.

This was a very odd conversation to hold with the man that had been robbing you, on the stair-case? - Really, I could talk to him more freely knowing him; I thought he would have more compassion.

But you was cautious that neither you or your aunt did let him know, that either of you did know him? - Certainly.

Have you one of the hand bills here? - I have.

I wish to see one.

(Shewn to Mr. Garrow)

These hand-bills were published the very next day, I take it for granted? - In the morning, as soon as possible.

How many days after this robbery did the prisoner continue in his work? - I sent to his master's on the 8th that the bill was put out, and on the 11th he was apprehended; I saw him every day, three or four times a day, with a great fear and trembling.

How happened it, that in this advertisement you give no sort of description of the person, or of his name, or any thing particular in his voice, where he lived, or where he was to be found? - Because I thought if the plate was found, I should know the person it was taken on.

But you knew the man already? - Yes, and I spoke to him once as I had done before.

There was no reserve on your part? - No, there could not be much reserve on my part; I reasoned with myself thus far; what signifies it to take and apprehend this man, when I have no proof against him, his voice will not do; I did not say that the person was a neighbour; I took care that nobody should know it.

Did you mention it to any human creature till the plate was found? - I gave an item to one just to ease my mind a bit, but not to a soul beside; she never divulged it.

That was a female friend? - Yes, you may be sure of that.

Did the person speak in a feigned voice? - He had rather two voices; sometimes a rough one, and sometimes a smooth one.

Do you mean now in a case where a man's life is concerned, alarmed as you

was, frightened almost to death, do you mean to swear with certainty to a man's voice, especially a man that has two voices? - Yes, Sir, and more than that; I said, who the man was, after he locked the door, I said to my aunt.

Did you tell your aunt that this was Mich.? - I did not say Mich. at once; I said, that was a face I knew; you have a right to plead, but I have not a right to answer every question.

There you are a little mistaken, you will find you must; do not talk so much, you will beat me all to pieces: you did not tell your aunt before the watchman came in, who it was? - I said it was Mich's voice.

Will you explain to me, (because it is taken down in short-hand) that you did not trust your old aunt with it, because she was an antient woman; how happened it that you only trusted it to one confidential female friend, and nobody else? - I never mentioned it to her the next day.

But you told me not many minutes ago that you were cautious not to tell your aunt? - That part of the story I had forgot.

Did not you think by letting this man continue four or five days at his work, that he would get an opportunity of disposing of the plate? - Yes.

He might have got it melted down you know? - Yes, that was what I thought; if he had, I should not have meddled with him; I did not choose to do any such thing; he bore a fair character; I would not take him up, because I could not swear positively to the man by his voice.

I should think it a strange thing, but it is what you have been doing for the last half hour: did you make any complaint to his master? - No, all the people knew we were robbed.

You did not hint to the master, that it was his servant that he was keeping in his house? - I never told any body any thing of it.

Do you know John Vincent ? - Yes; he lived fellow-servant with this Michael Hoy .

He has been taken up for this, has not he? - Yes; Mich. took him up, not me.

He is admitted to bail, he is to be a witness here, what is his character? - I never heard any thing of his character, nothing at all, but drinking; all the market are alike for that.

MARY ROOKE sworn.

I cleaned the plate that evening before it was lost; my mistress let me out in the evening; the things mentioned in the indictment, were those that I cleaned that night; I did not know the prisoner before.

WILLIAM WRIGHT sworn.

I live in Tooley-street, I am a gold and silver smith; on Friday, the 11th of April, between five and six in the evening, the prisoner brought a box, and said, he had some plate to sell; he opened the box, and there appeared a parcel of plate cut to pieces; the appearance of the plate gave me great suspicion, and having received warning a day or two before of some plate being stole at Leadenhall-market, I examined several pieces; I picked up two that had the mark, M. Y. which are two letters mentioned in the warning; as soon as I discovered that, I told the prisoner the plate had been stolen; he said, I think, sure! was the expression he made, or something I believe of that kind; I am sure it was the prisoner; I have known him seven or eight years ago; he was an apprentice to a neighbour and customer of mine, or at least, he lived with him; he said, it is a hundred, or ten hundred to one, if ever I see the person again that I had it of; I told him it was a very serious piece of business, for I must stop him and the plate, and without he found the person, he would be thought the principal; after that expression, somebody came into my shop; I did not like to have a bustle about the door; I took the plate up, and directed him to follow me into a parlour which we have behind

the shop; he followed me; I said, Nance, we should send to let Mrs. Young know; my wife went herself, and as she was going out of the door, he called her back; I desired my wife to step back; he said, when you come to Mrs. Young, whisper, do not speak loud, and only let her come with you; when my wife was gone, I said, then you know Mrs. Young, he said, yes; I asked him, what she was; he said a greengrocer; there came in a lady and sat down; the conversation turned on different matters till Mrs. Young came; I told him, he had very bad connexions, and it behoved him to get shut of them, for they might lead him into very great error; when Mrs. Young came, she was so agitated at the sight of him, that she nearly fainted away; we shewed her the plate; she took up several pieces, and said, these are mine; Mich! how could you do so? I went into the shop, and left them to come to a conclusion, and a constable was sent for; she took up several pieces, and said, this is a piece of a pepper-box or spoon; I cannot tell minutely what; I do not know what; she took up the particular part, with the letters M. Y. upon it.

Did the prisoner say any thing during the time that he and Mrs. Young were there? - I do not know; he seemed to acknowledge he had got a very bad connection; I told him, industry and honesty would carry him through the world, if he got but sixpence a day; the plate was delivered to the constable who is now here.

ROBERT HENDERSON sworn.

I am a constable; I produce the plate.

(Deposed to.)

Mr. Wright. This is the same I delivered to the constable; the piece that had the letter on, is not here; we were obliged to separate the pieces to prevent confusion, and in order to find out the mark which was on the bottom of the pepper-box.

Henderson. I asked the prisoner how the plate came in this state; he told me, he cut it with a knife.

Mr. Garrow. You told him, it would be better to tell all he knew about it? - No, Sir, I did not.

Who told him that? - Nobody that I know of.

Court. Previous to the time of any conversation, did you make him any promises, that if he would confess he should receive favor, or had you frightened him by any threats? - No; he asked me, what would be of any service to him? indeed, says I, I do not know, it is a business I do not understand; says I, I do not know any thing will be of any service to you; here is the property; I asked him what he had done with the money; he said, he had paid his rent with the money.

Did you give him any reason to apprehend, if he was to make any confession respecting this matter, it would be better for him? - No; he asked me, what would be of service to him; I told him I did not know any thing else would.

Mr. Garrow. I take the principle to be this; the language which I remember of Mr. Justice Grose on our last circuit;

"he must neither be influenced by hopes, nor awed by fears."

Court. But according to my apprehension, this man did not hold out to him hopes, or intimidate him by fears.

Mr. Garrow. No, my Lord; but he is consulting what he shall do; the man is not acting freely; you know the common saying is,

"it will be better for you."

Court. When he said he had cut this plate with a knife, was that before he asked you what would serve him? - No; it was previous; he said, he cut it with a knife; says I, I thought you must have done it with a pair of sheers; says he, with a knife and a hammer.

Do you recollect his particular expression? - He said, he cut it with a knife;

(The plate shewn to the niece;)

Here is the strainer marked M. H. my aunt's.

Do you remember the mark? - Yes.

Was the one you lost, marked M. H. Yes; I have cleaned it a hundred times; I am quite sure that is the mark, not H. M.

Then how happened you then to print it in your hand-bill H. M.? - Because it was a mistake; it was only the cart before the horse; I saw that fault when the bills came home; here is a table-spoon that was marked, T. E. Y. and here is the T. at the end; it was mine; it was a table-spoon; it was my father and mother's name D. E. and Y. at top.

Mr. Garrow. That is not so printed here; it is D. E. Y. as though it was in a word? - That is the printer's fault; this was marked, D. E. Y. but this I can swear to without any mark; it is a silver cup, and has no mark upon it now; this is part of the cup that was my property; here are two letters on the sugar-tongs M. R. besides the mark, T. E. & Y. that mark does not agree with the hand-bill.

Court. From your observation of that plate, in the mutilated state in which it is; are there any particulars by which you can swear to the property; either your aunt's, or your own? - I can swear to the whole, either marked, or not marked; the mark of some of it is visible, and not only that, often handling it at three or four and twenty years, and some of it thirty years, these marks were all upon either my aunt's or my property.

John Vincent called, but did not appear.

Thomas Bonner called, but did not appear.

Court. Order their recognizance to be estreated.

PRISONER's DEFENCE.

I am innocent of the matter; I leave it entirely to my counsel; my master is out of town; I have sent for his sister who is housekeeper to him; I do not know whether she is here.

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

The Jury withdrew, and returned with a verdict,

GUILTY , Death .

Tried by the London Jury before Mr. Baron PERRYN .

He was humbly recommended to mercy by the Jury, on account of his behaving so will during the time of the robbery.

Reference Number: t17880507-37

366. MARY BATEMAN was indicted for feloniously stealing, on the 19th of April , a silver watch, value 3 l. the property of James Palmer , in the dwelling house of Elizabeth Sully ; and

ELIZABETH SULLY was indicted for feloniously receiving the same, well knowing it to have been stolen .

JAMES PALMER sworn.

I live with Mr. Simons, biscuit-baker, at Limehouse; on Saturday, the 19th of April, about six in the evening, I went to the Minories; I went into a public house to drink with a gentleman's servant, and got in liquor.

What time did you leave that house? - I cannot tell; I got down to Wellclose-square a little before nine; at the corner of Wellclose-square I met with Bateman and Elizabeth Durant , I went into a house with them, and had some ale; then they had me home to their lodging; I had a bundle of cloaths and my watch, and sixteen or seventeen shillings when I went into their lodging, and a great coat upon my back; I staid there about two hours, and then I went out; but how I went out I don't know; I was so much in liquor; about an hour after I got out, I missed my watch; but whether my other things were taken away after I came out, or not, I cannot say; nor my watch, neither, myself.

Was your watch ever found again? - Yes, in Elizabeth Sully 's house, on the 20th of April, the Sunday morning; I did not see it found.

Was that the house you had been at the night before? - Yes.

JOSHUA GREY sworn.

I am constable of the night; I was sent for on Sunday morning to the house of the prisoner Sully; when I went in, Sully

was sitting in a chair; I told her, I understood there was a girl in her house who had robbed this man of his watch; she said, she knew nothing about it; I described Mary Bateman to her, as she had been described to me by Palmer, and insisted upon seeing her; she was up stairs; Sully called her down, and I charged her with stealing the watch; she denied knowing any thing of it; in consequence of their denying it, Elizabeth Durand was sent for, and from what she told me, I said I could not discharge them without enquiring into it; and I took them to the watch-house.

Was what she told you in the presence of the prisoners? - It was in their hearing, but I cannot swear whether they did hear it or not; I told them before I locked them up, it would be better for them to tell where the watch was; they both insisted upon it, that they did not know any thing of it; I sent for Durand, and she still persisted in her former information; I told them then, I must lock them up; Sully whispered to Bateman, and then Bateman got up.

Did you ever find the watch? - Yes, in the bed of the prisoner Sully; Bateman went with me, and let down the bed, and took out the watch from amongst the feathers; Palmer described the watch before I found it.

The watch was produced in court, and deposed to by the prosecutor.

ELIZABETH DURAND sworn.

I and Bateman took the prosecutor home to our house, we lodge at Mrs. Sully's; I took him up stairs; we were there about ten minutes.

He was in liquor, was not he? - Yes, but not a great deal; we came down again, and then Mary Bateman and he went up; he had his watch in his pocket at that time, I saw the chain hang out.

How long did Bateman and he stay up? - About ten minutes; I followed her, I set open the door a little way, and saw her take the watch out of his pocket; then Sully came up stairs, and Mary Bateman took the watch on one side of him, and gave it to Sully.

Was he asleep? - No; he was then very much in liquor.

How soon did Sully come up? - Almost directly; I went into the room with her.

Bateman gave her the watch? - Yes.

What did she say to her? - Nothing at all; I heard no words at all between them.

What did Sully do with it? - When Bateman gave it her, she kept it in her hand.

What did she do with the watch afterwards? - I don't know.

Do you know where the watch was found afterwards? - No.

BATEMAN's DEFENCE.

I went up stairs to make the bed, and found the watch upon the bed; I laid it upon the table; I went to get some liquor, when I came back the watch was gone; I did not know but the gentleman had it.

SULLY's DEFENCE.

I know nothing of it; I did not know that the man had a watch at all.

To Palmer. What is the value of your watch? - Three guineas.

Are you any judge of the value of a watch? - No.

BATEMAN, GUILTY, Of stealing to the value of 39 s.

SULLY, GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

[Transportation. See summary.]

Reference Number: t17880507-38

367. THOMAS COX was indicted for feloniously stealing, on the 4th of April , two pieces of callico wrappers, containing four yards, value 4 s. two pieces of printed cloth, containing fifty-six yards, value

4 l. 10 s. ten yards of sprigged muslin, value 50 s. forty yards of printed linen, value 3 l. nine yards of muslin handkerchiefs, value 20 s. eight yards of cambrick, value 4 l. a piece of check cotton, value 40 s. a piece of check muslin, containing twenty yards, value 30 s. ten yards of sprigged muslin, value 50 s. ten yards of corded muslin, value 50 s. six pieces of other callico wrapper, containing four yards, value 4 s. and a piece of linen cloth containing fifty-five yards, value 30 s. the property of James Neale , Joseph Wright and Joseph Perkins .

JAMES BEALE sworn.

I am a watchman; coming up Little St. Martin's-lane, the corner of Long-acre, about half an hour after twelve in the morning, I met the prisoner with a bag on his back; I suspected him; I stopped him, and took him and the bag to the watch-house to be examined; the constable examined him, and sent the prisoner about his business to see if he could find any body to answer for his character, but the constable imprisoned the bundle; I would have had him kept the prisoner too; but he would do as he pleased; the next day he came for the property, and said it was his own; the Justice told him it was not very likely.

When he came for it what passed? - He said it was Mr. Hanley's property; the Magistrate said, he should send for his master, for he suspected they were stolen; after that I went round to see if I could find any owner with some patterns which the Justice gave me; when I came back the prisoner was gone.

Mr. Garrow. Did you know the prisoner before? - No.

So you could not have told where to find him, if he had not come to claim the goods? - No.

SYLVANNUS HANLEY sworn.

I am a linen-draper, in Whitecross-street; I have known the prisoner fourteen years or upwards; he sent for me on the 10th of this month, to a public house, and told me, he was very forty he had got into trouble, that he had made use of my name, and said, they were my property; he said, he was afraid the watchman wanted to keep them, as he had no licence to hawk goods about; and that, unless I went to him and claimed them, he should lose them; I said, did you come honestly by them? he said, yes; I said, then there is no doubt of your getting them back again; that I could not demand goods, that did not belong to me; he said, he did not know what he should do; he had said, they were mine; he came to my house on Friday morning, to know if I had heard any thing about it; I had just then received a hand-bill; I then taxed him closer, if he came honestly by them; he said, he had; on Saturday evening, between five and six, I met him in May-fair; on the Sunday morning I went with him to New Prison, along with Simpson the warehouse-man.

Mr. Garrow. Simpson was with you? - Yes.

Simpson told him he had better state all he knew, that it would be better for him? - No.

Are you sure of that? - Yes.

Do you mean to swear that nothing was said to induce him to confess? - There was not.

Court. What did he say? - He said, he was sorry he had made use of my name; Simpson said, you know my situation as a servant in this house, I would thank you to tell me how you got the things out of the house; he said, when he took these goods out, he put others in, and did it in that manner; he asked him, what he had done with the goods he had taken from Thomas Hill; he said, they were at Barnet's, in May-fair, and offered to give a note for the man to deliver them up; Chambers said, there was no occasion for it, and we went without the note; when we came to Barnet's, we told him what we were come for; he told his wife to give them to us, which she did, and we

went to a public-house and took an inventory of the goods, and Barnet signed it.

Mr. Garrow. You have known the prisoner some time? - Yes, he has bought things of me, but I never bought any thing of him.

What way of life are you in? - A retail linen-draper.

Do you mean to say upon your oath, this man has never sold smuggled or other goods for you? - Never.

What character has he born? - I never knew but he bore a very good one till this time.

- SIMPSON sworn.

I went with the last witness to the prison on Sunday morning, the 13th of April; the prisoner said, he was happy to see me, but was sorry he was in that situation; I told him, I was sorry too; he directed us to Barnet's, where we found the goods; he described the manner of his taking them as Mr. Hanley has represented it.

Mr. Garrow. Do you mean to say, that neither you nor Mr. Hanley gave the prisoner any reason to believe that it would be better for him to confess? - He was neither promised nor threatened.

How long had the man been in the house? - Seven or eight months; he had borne a good character, and I looked upon him to be an honest man.

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

JOHN NEALE sworn.

Did you ever give this man any calico wrapper? - Yes.

Mr. Garrow. Whether upon the day of the sale at the India-house you did not give this man any wrapper? - No.

Do you remember on any day giving him half a crown for cleaning your shoes? - Yes.

Upon that day did you give him a calico wrapper? - I did not.

What might be the value of that wrapper? - Twenty pounds.

He bore a good character to this time? - Yes.

The prisoner left his defence to his counsel, but called three witnesses who gave him a very good character.

GUILTY .

Tried by the London Jury before Mr. ROSE.

[Imprisonment. See summary.]

Reference Number: t17880507-39

368. ROBERT MARSHALL was indicted for feloniously stealing, on the 2d of April , an he ass, value 10 s. the property of John Dalby .

NOT GUILTY .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17880507-40

369. WILLIAM NOLT was indicted for feloniously stealing, on the 8th of April , a linen handkerchief , the property of a person unknown.

WALTER MATTHEWS sworn.

I saw the prisoner pick a gentleman's pocket of his handkerchief in Newgate-street ; I catched hold of him, called to the gentleman, and we took him to a tobacconist's shop; the gentleman promised to meet me the next morning before the magistrate, but did not; I have had the handkerchief ever since.

PRISONER's DEFENCE.

I had not the handkerchief; he took it off the ground.

Matthews. When I laid hold of him he dropped the handkerchief behind him; he said, it was his first offence, and begged for mercy.

GUILTY .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17880507-41

370. FRANCIS MULLINS was indicted for feloniously stealing, on the 17th of April , a muslin frock, value 7 s. the property of Martha Hampshire .

MARTHA HAMPSHIRE sworn.

I live at Cripplegate ; I lost the frock out of a back room, where I hung it up to dry; I generally leave the window open, somebody had got in and taken it.

CATHERINE DICK sworn.

I saw the prisoner and another man go into Mrs. Hampshire's window, and take the frock out; I live about twenty yards from her; I was at my one pair of stairs window; I came down, and called out stop thief; and they ran away; they were pursued; the prisoner was taken, and brought back; the other got off; the frock was never found; I knew the prisoner years before; I saw his face as he came out of the window.

CHRISTIANA HURDLE sworn.

I was washing for Mrs. Hampshire on the 17th of April, on the cry of stop thief, I jumped out of window, and pursued the prisoner, and took him; and got assistance and brought him back.

To Hampshire. Have you ever seen the frock since? - No; the room was full of clothes, the frock was missing out of the room.

PRISONER's DEFENCE.

When they took me, a boy came and said, it was not me that took the frock.

GUILTY ,

Imprisoned six months .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17880507-42

371. JOHN FOWLE BOONE was indicted for feloniously stealing, on the 12th of April , a boat, called a wherry, value 10 l. the property of our Sovereign Lord the King .

ACQUITTED .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17880507-43

372. JOHN STONE was indicted for feloniously stealing, on the 17th of April , an iron anvil, value 5 s. the property of Charles Gilbert .

WILLIAM WRIGHT sworn.

I am servant to Mr. Gilbert; on Thursday night, the 17th of April, we lost an anvil, we were at work at Paul's-wharf ; we left work at 7 o'clock, and left the anvil there; when we came again in the morning it was gone; the prisoner was stopped with it the same night, on Holborn-hill; I can swear to the anvil; I have used it four years; we only use it to rivet hoops upon.

CHARLES ALLEN sworn.

I am a wardman of St. Andrew's, Holborn; on Thursday, the 17th of April, about nine o'clock in the evening, I stopped the prisoner with a heavy load upon his back; I asked him what he had got there; he said, what is that to you? and immediately threw it down upon my toes; it bruised my toes so, that I could not go out for two or three days; he knocked my hat off, and attempted to run away; but I called a watchman and another warder to my assistance, who secured him; I have had the anvil ever since.

Robert Ferryman and Jonathan Wilkins confirmed the evidence of Allen, and deposed that the anvil was in a sack, and that they found upon the prisoner, a tinder box, a flint and a knife.

The anvil was produced in court, and deposed to by the prosecutor.

The prisoner did not say any thing in his defence.

GUILTY .

Tried by the London Jury before Mr. ROSE.

[Whipping. See summary.]

Reference Number: t17880507-44

373. GEORGE DUNSTER was indicted for being found at large in the city of London, on the 24th of April last,

before the expiration of the time, for which he had been ordered to be transported .

The record of the former conviction was read.

The order for the prisoner's transportation for seven years was likewise read.

JOHN NEWMAN sworn.

On Thursday the 24th of April, about a quarter past one in the morning, I was in Red-cross-street, at the corner of Barbican , I saw the prisoner with his hand in his waistcoat pocket; I asked him what he had in his pocket; he said what was that to me? I felt some half crowns in his pocket; I took him to the watch-house, and found three half crowns, five shillings and two half guineas, and thirteen-pence in halfpence, in his waistcoat pocket; I asked him how he came by that money; he said, he had been to carry two watches home; I thought I had some knowledge of him, but could not recollect him; I searched his other pocket, and found two duplicates, one in the name of Jane Dunster , the other was in the name of Appletree; seeing the name of Dunster, I knew him, and took him to the Compter the next morning.

JOHN OWEN sworn.

Do you know the prisoner? - Yes; he was tried here in December, 1785, and was capitally convicted; I was present when he received sentence of transportation in January, 1787.

Is the prisoner the same man? - Yes; I took him down to Woolwich.

What age is he? - Prisoner. Between fifteen and sixteen.

PRISONER's DEFENCE.

I don't deny but what I am the person; they put me on shore at Woolwich, contrary to my sentence, and forced me to work; I got home to my father to make him what recompence I could for what I had done; I have been hard at work for my bread ever since I came home; the ill usage I met with made me leave the place.

The prisoner called three witnesses, who gave him a very good character, and deposed that he had been hard at work, and very industrious ever since his return.

GUILTY , Death .

The prisoner was recommended by the Jury to his Majesty's mercy.

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17880507-45

374. JOHN WOOD , JOHN COBCROFT , and WILLIAM FUBBS , otherwise FIELDER , were indicted for that they, on the 16th of April , in the King's highway, in and upon William Frost did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a guinea and 6 s. in monies numbered , the property of the said William.

The indictment was opened by Mr. Silvester.

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

WILLIAM FROST sworn.

I am a fisherman ; I live at Harrow-hill; on Wednesday, the 16th of April, about four o'clock in the morning, my wife and I and my daughter were coming to London in a cart; just before we came to the four mile-stone on the Edgware road , three men came up to us suddenly, and were going to bustle into the cart; one of them, that man in the middle (Cobcroft) got up on the shafts; I said what now, gentlemen? he said, your money or your life in a minute; and he pulled my hat over my eyes; the man at the farther side, (Wood) went round to the near wheel, and got up into the cart and frightened my wife; the other

prisoner held the horse, and my wife and daughter bustled all they could out of their pockets, and gave to the man in red coat (Wood); they asked me if I had got no money; I denied it; when they had robbed them, then Wood came to me, and said, let us see what you have got; and they stroked down my pocket; and he took out a guinea in gold, and six shillings in silver; they then got off, and I went as fast as I could towards London; they went towards Edgware, I drove on to the Bell, which is about two miles from Kilburn; I alarmed the man at the Bell, Mr. Herrington, to assist me; I described them, and he followed them.

Look at the prisoners? - I am very certain they are the men that robbed me and my wife and daughter; I am very sure of it, as sure as I am of my own children that was born of my wife, as true as God is in heaven.

Mr. Garrow. What sort of a night was it? - Moon-shiney.

You were frightened was not you? - It rather daunted me.

How long were they with you? - No great matter of time, it might be ten minutes.

What should they be doing ten minutes; your fears made you think it long, I suppose? - I don't know but it might.

You are equally sure to all these people? - Yes.

Describe again where they stood; one was at the horse's head? - Yes; and the middle man was on the shafts; and the other man held the pistol over us all the time.

Explain a little how you could distinguish three people, and one of them at the distance of the horse's head; you said, somebody pulled the hat over your face; how soon was that done? - Immediately upon their coming up; when they took the money out of my pocket; they bid me get upon my legs, and then I could see all the men.

You did not know either of these men before? - No.

You know the lives of these three men are at stake; do you mean to swear positively to three men, to their persons, under these circumstances, frightened as you was, not knowing them before? - Their faces were so perfect in my mind, that I am sure they are the men.

What sort of hats had they? - I cannot pretend to say; I was in a fluster and flurry, that I cannot tell what sort of hats they were; they might be such as mine.

Cocked hats or round hats? - I cannot say; I took particular notice of the men; I can swear to their aprons.

Court. What aprons had they? - Cobcroft had a leather apron; Wood a coarse wrapper, and Fubbs a blue apron.

They pulled your hat over your face as soon as they came up? - Yes.

Then what opportunity had you of observing the man at the horse's head? - While they were riffling my wife I lifted up my head, and the man threatened to blow my brains out when he came to rob me.

Do you mean to say, that while they were robbing you, you looked at the man at the horse's head? - Yes, I do.

SARAH FROST sworn.

I am the wife of William Frost, we were coming to town on the morning of the 16th of April last, about four o'clock; we were stopped in the Edgeware road by three men, who asked us for our money; we told them we had not any; they told us to let them have what we had in a minute, or they would blow our brains out; one of them, Cobcroft, held the pistol to me, I said, gentlemen, you may have what we have, don't use us ill; I pulled out three pence and my thimble, he turned my hand into his.

Who did? - Wood, the man in red, when Cobcroft held the pistol to me, he got up the wheel the off side of the cart; I was very much frightened, he went away then.

Look at the prisoners? - I am certain they are the men that robbed me, this man

took my money, that man held the pistol, and the other man held the horse.

Mr. Garrow. Are you quite sure of the person of the man in the green coat, Fubbs? - Yes.

Were you always sure as to him? - Yes.

How came you then to tell the Justice you verily believed Fubbs was one of the men that robbed your husband? - I swore to the man when he was present.

Did you ever say you believed he was the man? - I don't know that I did.

Was you equally certain to Fubbs as you are now? - Yes.

Always? - Always; I am certain sure they are the men.

How much is your husband to have of this reward? - We have been robbed very often before, but we never took any before; he has often been robbed upon that road.

Was you ever with him when he was robbed before? - No.

Did you come out that night in order to be robbed? - Yes, to be sure I did, because I was robbed.

Court. Did you come out that morning intending to put yourselves in the way of being robbed? - No, we had no such thoughts.

Mr. Garrow. Your husband had been robbed several times before, but you never had the good luck to catch any before? - Never.

Had you any conversation with any body about having been robbed before this happened? - Yes, to a great many gentlemen.

Did any body tell you, that you was out of luck that you did not catch some of the robbers, that you might have got forty pounds apiece for them? - Gentlemen said, it would be a good thing if some of them were taken.

Did not they tell you it would be a good thing for you? - No.

Were not you frightened at this time? - Yes, very much.

Had you in your fright leisure to observe the persons of those three men so as to swear to them? - Yes, safely.

PATIENCE FROST sworn.

I was with my father and mother at the time they were robbed in the Edgware road, we were coming along the road, three men stopped us, one laid hold of the horse, my father said, what now? gentlemen.

Which stopped the horse? - The man in green, (Fubbs) the middle man (Cobcroft) got upon the shaft and cocked a pistol at my mother and I, and robbed us, and the man in red (Wood) asked for my father's money.

What did they take from you? - A new penny metal coin, a metal ring, a thimble, and a bad shilling.

Are you sure these are the men? - I am certain of it.

Mr. Garrow. Have you often come to town with your father? - Yes.

Was you ever with him before when he was robbed? - No.

What made you set out at that time in the morning? - My father was going to market.

Did not your father go and tell Mr. Herrington to take the prisoners? - Yes.

How long might these men be with you? - I don't know, they bid us be quick.

You was a good deal frightened? - Yes.

Are you equally sure to the man in the green coat as you are to the others? - Yes.

What sort of a hat had he on? - I don't know.

What sort of coat? - I don't know, I am sensible they are the three men.

Have you never heard that there is a reward, if these men are convicted? - I did not come upon that.

Upon your oath have you ever heard that there was any reward? - I never did hear it, I did not come here for a reward.

Upon your oath have you never heard there is a reward? - I did not come upon that.

But you must come upon it before I have done with you. Upon your oath have you never heard there was a reward? - I might hear it.

But did you? - I don't know.

Upon your oath you never heard there is a reward if these men are convicted? - I have said what I have to say.

You must give me an answer, or my Lord will be obliged to commit you to Newgate? - I never heard any body say it.

Upon your oath have you never heard any body say it? - I have.

Who have you heard say it? - I cannot pretend to say that I ever heard any body say it.

Have you not heard Mr. Herrington and your father talking about the reward? I have heard Mr. Herrington.

Did you call at Kilburn-wells for him when you came to find the bill and come with him? - Yes.

When was it first that they talked about it? - I cannot tell.

Who began the conversation? - Mr. Herrington.

What did he say? - I cannot tell.

How many forty pounds did he tell your father there would be if all these men were convicted? - I do not know, three I believe.

Tell all that he said about it? - I cannot.

It is not three days ago you know; tell it honestly? - I do not know; I never heard him say any thing about it, more than what I have said, for I did not come upon that.

Did not Mr. Herrington say, that if these three men were cast, there would be three forty pounds? - I believe he did.

Your father and mother were both present? - They might be for what I know.

What answer did your father give to Mr. Herrington? - He said, he did not want any thing but his own property.

What did your mother say? - She said, she never wanted a farthing but her own property that she lost.

I suppose you said you should like to have a silk gown out of it, did not you, what did you say? - I never wished it; I said nothing at all.

Did not your father say it was very lucky he had got these men, that he had been robbed very frequently but never got any thing for it before; was that in the same conversation? - I believe it was.

What was it? - The three forty pounds.

You are sure that was all that passed? - Yes; I never desired a farthing of it.

Court. When your father said he did not want any thing but his own property, it was in answer to Herrington telling him of the three forty pounds? - Yes.

Both your father and mother said, they did not want any of the reward, but only his own property? - Yes.

You are sure of that? - Yes.

To Mrs. Frost. When was it you had a conversation with Herrington about the reward? - I had none at all.

You never heard Herrington say any thing about the reward? - I never did.

Never at no time? - No.

You never heard him say there were three forty pounds if these three men were cast? - Never.

You never told him you did not want any reward? - I have told people so.

But did you ever say so to Herrington? - Never.

Then if any body has ever said that you said so to Herrington, it is not true? - I never heard him say any thing at all.

Then it is not true, if any body, let them be who they will, has said so? - It is not.

You never told any body that you did not want any of the reward, but only your own property? - We have told other people so, but not Mr. Herrington.

You never heard Herrington say any thing about the reward? - No.

Who was you talking to then? - I cannot say.

Do you mean to say that the people you heard talking about the reward were total strangers? - I cannot tell the people's name.

I have not asked you that; I asked you if they were total strangers to you? - I do not know that I had ever seen them before; I have heard them talk about it since we have been waiting in town across the way,

here, but I don't know who it was, not of those men, but I have heard there was a reward so much to a prosecutor.

How much for each man? - I cannot pretend to say how much.

Upon your oath, did you never hear how much? - Yes, I don't know but I have in town.

Was that to day that you heard it? - I don't know, we have been in town ever since Monday.

When was it? - I don't know whether it was not at Hickes's-hall, on Tuesday; it was talked of in court at Hickes's-hall, by people as I stood by.

They said it would be a good job to you? - No, not to me, they did not mention these men; they said, every man that was prosecuted there was forty pounds a man; they did not say it to us, but we heard it.

Was that forty pounds for prosecuting them, whether they were convicted or not? - I don't know that.

Upon your oath, don't you know that if these men are acquitted you won't get a halfpenny? - I don't want any thing.

But do not you know that you won't get a halfpenny if the men are acquitted? - I have heard them say so; but I don't want any thing.

JOSEPH HERRINGTON sworn.

I keep the Kilburn-wells, I have kept the house seventeen years next Christmas; on Wednesday, the 16th of April, I was called up a little after four o'clock by Frost the fisherman, I threw up the sash, and asked him, what was the matter; he told me, he had been robbed on the Edgeware road; I desired him to let his wife and daughter go to the turnpike-house, as I had no fire at my house; I found I had never a saddle, I went to the Turnpike-house, and borrowed a saddle and bridle; I got my great coat and a pair of pistols; there were some waggons going by, I enquired if they had seen three men; they said, they were gone to Edgeware; I went to the Black-lion, West-end, and called one Scott up, and desired him to follow me to North-end; Scott came, but it was after the prisoners were apprehended.

Who went with you? - One Smith and Milkin went with me, and another man, who is not here; I saw the three men coming just by the Bull and Bush, North-end; we went into a garden and hid ourselves, while they went by; Milkin made an attack upon Wood, he ran away, and made his escape; Smith and I took Cobcroft and Fubbs; Wood was pursued and taken and brought back by one Collins; I took them all to the Bull and Bush at North-end, and there we searched them; I found upon Cobcroft three-pence halfpenny, this pistol, and Smith found another in his pocket, and some slugs and powder, and gave them me; we found two shillings and four-pence halfpenny on Fubbs, and this pocket-piece upon Wood.

(Producing them.)

Mr. Garrow. You keep a public-house? - Yes.

You have had the good fortune to bring several persons to justice? - I have.

How many? - I can't say.

Perhaps you can tell us how many of them have been executed? - I believe there have been three executed.

Of course you know there is a reward upon the conviction of highway-men? - Yes, as well as that you are paid for pleading.

Do you know whether the prosecutors of this indictment are acquainted with it? - They were never acquainted with it by me.

You never told any of them? - I don't recollect that I ever did.

Will you say upon your oath, that you have never mentioned it? - To the best of my knowledge I never did.

Have you ever had any conversation with them about the reward at all? - Not to my knowledge.

Perhaps you can tell whether within those two days, you have had any such conversation? - Not to my knowledge.

Could you have forgot it? - I am most clear I never did.

Upon your oath, did you not say yesterday, that if these three men were convicted, there were three rewards of forty pounds each? - Never in my life to my knowledge; I am clear I did not; I never did, nor never once dreamt such a thing.

I ask you once more, will you bring yourself up to swear positively you did not yesterday? - I did not.

Are you sure of it? - I am sure I never mentioned such a thing as three forty pounds.

You never had any conversation about the reward? - Not to my knowledge; all I have said about it is, that when the bills are settled, you must all contribute to it.

Did not you know that was not true? - No.

Did you not know there would be nothing to pay, but a great deal to receive? - Not for expences.

How much may you have received for conviction money in your time? - No great deal; I believe about seventy pounds.

Whether those people told you at any time, that they did not want any part of the reward? - I never heard them say it.

How long have you been acquainted with Frost? - Since last Christmas, or else I have known nothing of him, except going up and down the road.

This man is not rich I suppose? - No, people went a begging for him for relief, after he had been robbed, for him to go to market again.

LIGHTOW MILKIN sworn.

I went in pursuit with Mr. Herrington, after some men; we overtook them on Hampstead-heath; Wood ran away, I followed him 200 yards by myself, and Mr. Collins, a gardener, saw me follow him; he had a pistol in his hand; Collins took him before I came up; I assisted and we brought him back.

They were searched in your presence? - Yes, and a bad shilling, and a thimble was found upon Cobcroft.

What else? - I can't say rightly, except a brace of pistols.

Any thing upon the others? - Not to my knowledge; Mr. Herrington searched them all.

To Hnrrington. What did you find upon Cobcroft? - One pistol, some slugs, some powder, and three-pence halfpenny, that was all.

Mr. Garrow to Milkin. Have you been much with Frost in London? - No, except yesterday.

Was you by when they were talking with Mr. Herrington about sharing this money? - No.

Was you by when Mr. Herrington said you were all to contribute to the expences? - No.

How much did Mr. Herrington tell you you were likely to get? - He did not tell us any thing.

Who told you? - We were informed we should gain something by some men at Hampstead that had taken people.

How much? - Forty pounds for each.

Was you present when Frost and Mr. Herrington were talking about that, when Frost said, he did not want any thing but his own property? - Yes, just after we had taken them.

The old man said, he only wanted his property back, the property he had been robbed of before and now? - Yes.

The old man and his daughter were by at the time? - I can't say.

What had Mr. Herrington been saying to the old man to make him say that? - I cannot say.

What did Mr. Herrington say to that? - I cannot say.

Do recollect what Mr. Herrington said? - I cannot.

There was some more conversation about the reward which you forget? - There was.

Court to Herrington. You have told us what was found upon each of the prisoners; on Cobcroft one loaded pistol, threepence halfpenny, some powder, and some slugs; that was all you found on him;

on Fubbs you found two shillings, and four-pence halfpenny, and that was all that was found upon him; on Wood the pocket-piece that you produced; that was all? - Yes.

And another pistol was given you by Smith? - Yes.

To Milkin. What became of the thimble, which you say was found upon Cobcroft? - I don't know; Mr. Herrington had it.

Herrington. There is a thimble amongst the powder, to prime with I suppose.

MATHEW SMITH sworn.

I went with Mr. Herrington and the others in pursuit of some men; we saw three men coming; we hid ourselves, and when they came past we rushed upon them; I took Cobcroft, with a pistol under his coat, which I gave to Mr. Herrington; and he found another afterwards upon him.

What else was found upon him? - A knife, and a kind of a pocket-piece, that was all that I saw; I kept hold of him; I can't say what was found upon the others.

Mr. Garrow. Which of his pockets was the pocket-piece taken from? - The knife and pocket-piece were taken out of his waistcoat pocket.

You walked to town with them? - No, we came in a cart; Mr. Herrington rode after.

Did you hear Frost complain he had been robbed before? - Yes, three or four times.

Did you hear him say, that he wanted nothing more than what he had lost? - No.

Did you hear Herrington say any thing about the reward? - No.

You have heard there is a reward? - Yes; I have heard that there is forty pounds.

Court. Where were they when you first saw them? - Coming up Golders-green, towards North-end, in the Hendon-road, all three together.

MATHEW SCOTT sworn.

On the 16th of April, I joined in the pursuit, but did not come up till after the men were taken.

MOSES MORANT sworn.

On the 16th of April the prisoners were brought to Bow-street; I searched them and found one shilling, and two sixpences upon Cobcroft, and a halfpenny with two Britannias with inside his stocking.

To Mrs. Frost. What were you robbed of? - Threepence and a penny thimble.

Not such a one as you should know from any other? - No.

Was any thing remarkable in any of those halfpence? - One halfpenny was very much bruised, and two bits of black upon it.

Who took them from you? - Cobcroft.

Look at these halfpence, and see if it is among them? - No, it is not.

Have you seen it since? - Yes, at Bow-street.

That is not the halfpenny, (shewing her one?) - No, it is not.

Was that the halfpenny, (shewing her another?) - No.

To Patience Frost . What did you lose? - One of the new coined penny pieces, a ring, a bad shilling, and a thimble.

Was there any thing remarkable in your thimble? - It was brass with a steel top.

That is very common, is it not? - Yes.

You cannot swear to it then? - Yes, I can.

Is there any mark upon it? - None in particular.

Look at that, (shewing her one) and see if that is it? - No this is not it.

What sort of a penny was it that you lost? - One of the new coin.

Copper? - Yes.

Do you know the figures or letter upon it? - No.

Can you read? - No; but there is a particular notch in the head side of the one that I lost.

What sort of a notch? - It looks as if it had been hammered or knocked in.

Are you sure that the notch was on the head side? - Yes.

Look at that, (shewing her a pocket piece;) see if you know that? - No, that is not mine.

Is that yours, (shewing her another?) - No, this is not mine.

Was it that sort of coin? - Yes.

Is that yours, (shewing her another?) - No, that is not mine.

Is that yours, (shewing her the piece that was found upon Wood?) - I think this is mine.

Are you sure of it? - There is a notch upon the head side of this, and a scratch with a pin; there are so many like it, that I don't think I can swear to it; but this is just like mine.

Mr. Garrow. That scratch was put upon it before the justice, was it not? - No.

There was no mark put upon it before the justice? - No.

(The prisoners did not say any thing in their defence.)

Cobcroft called Thomas Mason , a clerk to a gentleman in the law, who had known him twelve years; Joseph Cox , who had known him seven years; John Eldridge , who had known him five years; William Youther and Charles Youther , who had known him ten years; and William Lambert who had known him five years; who all gave him a very good character.

To Smith. Had they any aprons on when they were taken? - Yes; Cobcroft had a leather apron on, Wood had a drab apron on, and Fubbs had a gardener's blue apron on.

The prisoners were recommended by the Jury to his Majesty's mercy.

ALL THREE GUILTY , Death .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17880507-46

375. MARY HOOH was indicted for feloniously stealing, on the 25th of April , one black silk cloak, value 2 s. eight guineas and four half guineas, the property of Sarah Allen , widow , in her dwelling-house .

SARAH ALLEN sworn.

I live in Lombard-court ; I keep a house of my own; the prisoner lived with me one week, as my servant , before she robbed me; she came out of Lancashire; I lost my property about a fortnight ago; I cannot say to the day of the month; I lost ten guineas and a black silk cloak, trimmed with lace; there were four half guineas, and eight guineas; I have no family but a maid and myself; she sleeps with me, and eats and drinks with me; she heard me say the money was going out on the Saturday morning, and she took the opportunity when I set her in charge of two or three lobsters to boil. The money was in a little bureau in my little parlour, even with the shop; she knew I had the money there; and she knew I was going to send my money out the Saturday morning, because she heard me tell about it; my family is very small; I had no body but her and another maid; I did not miss her above ten minutes, the key was in the bureau; and I did not take it out; my black cloak was up stairs in a chest; she could not have been gone out of the house above ten minutes, when I missed it; the way that I missed the money sooner than I should have done, I was positive I left the key in it; when I missed her, I missed the key out of the place; and I made the man take a great knife that we had in the house, and open it by force; and when it was opened, the money was gone, and at night I found the key on the mantle shelf; I had left her in care of boiling a few lobsters; and I was afraid they would be done too much, and I went in and missed her; I called her, thinking she was gone up stairs; then I missed the key out of the bureau, and the box and the money was gone; the money

was in the box that the gold scales was in; the scales were out; the prisoner did not return.

What means did you take to recover the money, and search after it? - Afterwards my man run about like a mad thing; I heard nothing till I heard the constable on the Monday morning say, he had taken her on the Sunday night.

Then the prisoner had given you no notice of her intention to leave your house? - No.

Did she return again? - No; I saw her at the office in Litchfield-street; my man got information at the office; I lost my money on the Friday.

CHARLES ELLIOTT sworn.

On the 25th of April, this woman's servant came to the office; I am a watchman; I happened to be at the office, there was only me and the door-keeper in the office; immediately this man came and gave information; I took the key from him; he went away some where; I could not find her; this was on the Friday; upon the Saturday they were looking for her, but could hear nothing of her; on the Sunday evening about half after ten, I happened to be at a publick-house getting a pint of beer; this prisoner and another woman came in together; I knew the prisoner; I immediately spoke to her, and asked her whether she was not such and such a person; she immediately said, she was; that she had been to St. Giles's watch-house, to see to get in there; she said, she wanted to go, to give herself up; I said, for what? then I asked her further, says I, what do you want to give yourself up for? she did not know me at this time; says she, I hear there is people gone down into the country after me, for robbing my mistress; I spoke two or three words to her; I said, I shall take you into custody, and I did; I searched her at the same time; she had nothing upon her, only one half crown; first, I asked her what she had done with the money; the ten guineas; she said, she had laid it all out.

Had you before this told her that you had any intelligence of her? - Yes; I did.

Did you give her any reason to expect that she should not be prosecuted? - Not in the least.

Then she had a voluntary conversation with you, in which she said, that she had spent the ten guineas? - Yes; she had the cloak on her back; I have it here to produce; it has been in my custody ever since; it is now in the same state it was.

(Shewn to the prosecutrix.)

It is my cloak, I have had it a great many years.

By what marks do you know it? - There is no particular marks in it, but I know it to be mine; the lace, when I first had it, cost me three shillings a yard; I have had it near ten years.

To Elliott. Is that the same cloak that was on the back of the prisoner, at the time you apprehended her? - It is: I was going to observe to you, on Monday morning when I got up, and took this woman; she told me she had some things that she had bought with some of the money, and left them at different places; I took her that night to the watch-house; on Monday morning I took her out, and went with her to get the things she had bought; (those things produced;) a bonnet, and several gowns and a petticoat, and handkerchiefs.

Court. Was she perfectly sober at the time she conversed with you at this publick-house? - As sober as I am this minute; that day about eleven, she was carried to the office, and committed.

Prisoner. Some body is gone for, but they are not come yet.

Jury. Had not other people access to the bureau, as well as the servant maid? - At this time, I had a man servant, as well as this, and another young woman, that goes of errands; but no body had access to my bureau but myself.

GUILTY , Death .

She was humbly recommended by the Jury and the Prosecutrix, being very young and ignorant.

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

Reference Number: t17880507-47

376. GEORGE KING and JOHN THOMAS were indicted for stealing, one copper pot, value 5 s. two saucepans, value 5. one copper stew-pan, value 3 s. two pewter dishes, value 2 s. four plates, value 2 s. one brass pestle and mortar, value 2 s. one hempen sack, value 1 s. the property of James Andrews .

JAMES ANDREWS sworn.

I live in Greenfield-street, Mile-end, Old Town ; on the 13th of April, I missed the things out of my house; in the morning about half past six, when I got up; I missed the things, in the indictment; and a sack marked H. the value of the things were 40 s.

ABRAHAM MILLER sworn.

On Sunday morning, about half past six, I was going along, and I saw the black man with a sack on his back; he was going down Church-lane, turning round to go into Rosemary-lane; but which way he went afterwards, I cannot say.

ROBERT DAWSON sworn.

About seven, on the Sunday morning; I saw the other prisoner, the boy, with this sack; containing a copper kettle, and a sauce-pan, a brass pestle, and a mortar, and a quart copper pot; he was knocking at the door of an old iron shop, in East-Smithfield; I took him into custody; I asked him where he got the things; he said, he had them of a black man; I had myself, before then, met a black man; but I cannot say it was this black man that is now at the bar; I took him into custody; and on the next day, I advertized the things; Mr. Andrews came, and claimed them; and I took the black man into custody, on the information of the last witness.

Court to Miller. How far is Church-lane from Greenfield-street? - I believe it is about three hundred yards; I am positive this black prisoner is the man I saw with the sack on his back.

What kind of a sack was it? - It was a brown sack, such as we have pollard in.

What size sack was it? - I cannot say.

But as near as you can guess? - I believe it was a three bushell sack.

Did you observe any mark upon it? - I did see some letters, but I did not take so much notice what they were on it.

Court to Andrews. What sort of a sack was it? - A sack that contains pollard and bran, which we give to our horses; they will contain eight bushels of pollards, and they will contain four bushels of corn.

(The things produced and deposed to.)

Prisoner Thomas, the black man. I have got something to say, that I know nothing at all about it; on Sunday morning I came over the water to get something to eat; I got a shilling, and I went into a public-house, and got something to eat; and on the Monday or Tuesday, I do not know which, I just got a pint of beer, and they took me into custody; I know nothing at all about it.

PRISONER KING's DEFENCE.

About six I was coming up Wapping, and a man asked me to carry this sack for him a little way.

What man? - I cannot be sure of the man; I took it upon my back, and carried it to the place where I thought he directed me; I could not find any man.

What sort of a man was he that gave you the bag to carry? - It was not near light.

Do you know whether he was a black man or no? - He was not a black man.

GEORGE KING , GUILTY .

Transported for seven years .

JOHN THOMAS , NOT GUILTY .

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

Reference Number: t17880507-48

377. DANIEL HANCHARD was indicted for stealing, on the 2d of May , fifteen yards of Scotch carpeting, value 30 s. the property of John Hayward , privily in his dwelling-house .

THOMAS HAYWARD sworn.

I know John Hayward the prosecutor, he resides at Walworth; he keeps a shop at Newington, a floor-cloth manufactory ; he deals also in Scotch carpeting; I am related to him; I superintend a floor-cloth manufactory for him in White-chapel road, near Mile-end turnpike ; he sells carpets there; the 2d of May, between twelve and two, I missed a piece of carpeting, the quantity and pattern exactly answering that found on the prisoner.

Was this lost from Whitechapel, or from Newington? - From Whitechapel.

What was the quantity? - Fifteen yards.

What was the value? - It was valued before the Justice at thirty shillings; it is worth more.

Did you see the prisoner in the shop? - I did not; I saw nothing of him there, nor I was not present when the carpetting was taken upon the prisoner.

RICHARD BINGHAM sworn.

I know that piece of Scotch carpet to be my master's property; I was not present when it was found in the prisoner's possession; I saw it in the window about eleven o'clock in the noon, on the 2d of May, in the shop at Whitechapel; I know nothing of the prisoner taking it.

JOSEPH NASH sworn.

I took the prisoner with this piece of carpet upon him; the carpet is here; I apprehended the prisoner in Wentworth-street.

How far is that from the shop in Whitechapel? - A little better than a quarter of a mile. (The carpeting shewn to Thomas Hayward.) There is nothing particular to distinguish it by, but I believe it to be my uncle's property.

You cannot positively say it is the property of your relation? - My man has sworn that it is; I have no doubt that it is, but there are others of the pattern; it is possible that there might be another piece of the same quantity and pattern.

Court to Bingham. Now remember you are upon your oath, and that there are others of that nature and kind; can you take upon yourself to swear that is his property? - Yes.

Tell me upon what grounds? - One half was left at Laytonstow, and the other half was brought, and I know it by the pattern; that is all I know it by.

Mr. Hayward. It is a very scarce pattern.

To Bingham. Can you venture to swear that was Mr. John Hayward 's property? - Yes, I can very safely.

You found your evidence upon the pattern, and that is the only circumstance that induces you to swear to it? - Yes, and the quantity.

How could you know that it consisted only of fifteen yards? - It was thirty yards when I took it down to Chelsea, and when I returned he measured it, and it was fifteen yards.

PRISONER's DEFENCE.

I live in Church-street, Whitechapel, and a man asked me to carry it, he was to give me something; when I was carrying them to the place, and this was in the street, when I was taken it was in the dinner hour; leave it to the mercy of the Jury; I have the person here where I work; my master is on the Grand Jury at Hicks's Hall, and cannot come; the man was a stranger to me that employed me; the man that employs me is John Daniel .

Mr. Shelton. The Grand Jury were discharged yesterday afternoon.

GUILTY, Of stealing, but not privately .

Transported for seven years .

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

Reference Number: t17880507-49

378. THOMAS JONES was indicted for stealing, on the 30th of August , thirty pounds weight of lead, value 5 s. belonging to Joseph Key , gentleman , and affixed to a certain gutter, belonging to a certain empty house of his, against the statute .

A second Count, Charging him with stealing, eight pounds of other lead, belonging to the said Joseph Key.

ELY LEVINETT sworn.

I know Mr. Key's house in Kelmel-buildings ; I took the lead from the house myself; on the 30th of August last; I saw the prisoner; I went in the morning, about five, to take some old doors from there; I went up one pair of stairs, and took one door from there; I went into the two pair of stairs, in the back room, I found no body; I looked about, and heard some thing go, tap tap, at top of the house; I went out of the back garret window, and got up by the tiles in the gutter, by the chimney; there I saw the prisoner; I stood for the value of half a minute; he was at work; he was so busy he did not see me; then I said, you rascal, what do you here? you have more lead than you can carry away; with that he looked at me, and jumped up over the ridges of the house, and got away; I have known the boy ever since he was a child; I took the lead and folded it up closer than it was before, and threw it down off the house, and took it home in my possession.

Did it appear to be fresh ripped? - Yes; for I was in the gutter the day before, and the lead was all safe then.

What quantity of lead was there? - I look upon it, about fifty or sixty pounds; but I never had it weighed.

How much is lead worth a pound? - About sixteen shillings per hundred weight; I saw nothing of the prisoner after, till he was caught for another crime, about three weeks ago; then, Mr. Key sent for me, to go and see whether it was the same person, when he was in custody; I am sure he was the same person; he had a short knife in his hand when I saw him at work.

Prisoner. As he as taken one false oath, he will take another.

MURRAY sworn.

I apprehended the boy.

RICHARD BRIGGS sworn.

I am a watchman; I helped to take him.

(The prisoner called one witness to his character.)

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17880507-50

379. WILLIAM PARSONS was indicted for feloniously and burglariously breaking and entering the dwelling-house of Catherine Ferber , widow ; about five in the afternoon, on the 11th of April , and stealing one woollen waistcoat, value 6 d. a linen apron, value 6 d. a napkin, value 6 d. a shift, value 6 d. the property of the said Catherine; three shirts, value 8 s. the property of John Urnham Geems ; two shirts, value 2 s. one cotton stocking, value 1 d. the property of George Sweetzer ; two other shirts, value 4 s. the property of John Sweetzer .

CATHERINE FERBER sworn.

On the 10th of April last, my house was broken open, and I lost my linen off the lines, out of my room; it is a low room, not a cellar; it is on the ground-floor, only one step from the door; I lost all the articles that are mentioned in the indictment.

Was your house broke open at all? - No, it was not; I was down stairs at six; this was half after five, and when I came down, the linen was gone.

Did you ever see any of the things on the prisoner? - No, I did not see him in the house.

JOHN HURMAN GEEMS sworn.

I lost the several articles in this indictment; I delivered them into her hands.

GEORGE SWEETZER sworn.

I had some property in Mrs. Ferber's house, in April last, that are mentioned in the indictment; I do not live in the house; I knew nothing of the robbery till the next day.

JOHN SWEETZER sworn.

I had two shirts in Mrs. Ferber's house, in April last; I did not see the prisoner in the house, nor the property upon him.

MATHEW MONKMAN sworn.

I am a lodger; I know nothing of the prisoner, any further, than that I locked up the house, the over night; and was the first that opened it in the morning.

Had the linen been taken away before or afterwards? - I was out about half an hour; I had not seen the window open for these five years before; and when I returned, I found the window up to the top, there were no lath, cords or any thing of that sort; I was the first that went out, and opened two shutters, and pulled the door after me and fastened it; it goes with a spring-lock; I took the key with me; I came back about twenty minutes before six, and found a large sash open; it was not open that morning; I took down the shutters myself.

Was there any fastening to the sash? - No; only some lift, stuffed in at the top between the upper sash and the under one, and a good deal of green baize; the prisoner was not taken in the house; I never saw my property upon him; I only came here to speak to the situation of the house.

HENRY HUDSON sworn.

I am constable; I was going to Batter-sea on the Thursday morning, between the 10th and 11th of April, between five and six; the prisoner passed me in Fleet-market with this bundle under his arm; he passed me a little way, and I thought there was something suspicious in his looks; I turned back to look after him; and he turned back to look after me; and he turned up the first turning he came to; I then followed him, and called after him; he did not stop; I hastened my pace and overtook him; I asked him, what he had there; he said, some linen; I asked him, what linen; he said, some shirts; I asked where he was going with them; he said, to his mother; I asked him, what he was going to do with them; and he said, he was going to get them ironed; he said, he brought them from over Black Frier's-bridge; I then told him, I should like to look at them; he put them down on the ground, and began to undo them; I asked him how many shirts there were; he said, he did not know; I asked him, if there was any thing else; he said, no; and I stopped him; they were in the same state they are now, only quite wet; I have kept them ever since; I took the prisoner into custody; he said nothing more, only going along, he was making some little bustle about his pocket, and he got this knife into his hand; and I had a good deal of trouble to get it out; he swore a many bitter oaths, that he would not part with it.

Did he offer any violence, or open the knife? - No, I told him then, if he would not go peaceably, I would get a cord and tie him.

Prisoner. Did you search me, and take that knife out of my pocket? - I did not search him; I took the knife out of his hand, and with a great deal of difficulty.

(Mrs. Ferber deposed to the shift, and white apron, and napkin, and a waistcoat.) I have no mark upon any of them, but I can swear to them; I made them; I swear to the waistcoat, so help me God, by this patch; I washed upon Wednesday, and hung them up between seven and eight that night.

Mr. Gearus deposed to his three linen shirts, two coarse shirts, J. H. G. upon them; and the fine shirt with I. G. upon it only. This woman washed for me; I gave them to her to be washed.

George Sweetzer. These two shirts are mine, and one stocking; this is a new shirt; I have the fellow of it at home; I sent them to be washed.

( Thomas Sweetzer deposed to his two shirts.)

PRISONER's DEFENCE.

I had been to the fair in the morning, and coming from the fair, I saw that bundle of linen; it was wrapped up in a waistcoat, under the gateway; going down Water-lane, says the gentleman, my lad, where are you going at this time of night? I said, I had been to the fair, and I was taking it to my mother, to bring it to the Green dragon the next morning; I have no witnesses; there was a gentleman here yesterday and the day before, who saw me pick it up; his name is Holmes. (Called but did not appear.)

Court to Mrs. Ferber. What time did you go out that morning? - I did not go out that day at all; when I came down stairs my linen was gone.

GUILTY, Of stealing, but not of breaking the house .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17880507-51

380. JOHN GRAY and JOHN JONES were indicted for stealing, on the 26th of April , a piece of gold coin, called a guinea , the money of William Gibson .

(The case opened by Mr. Silvester.)

Mrs. GIBSON sworn.

I keep a shop in Hendon ; I sell stockings and shoes, and grocery; I remember the two prisoners coming to my shop on the 26th of April, it was on Saturday in the afternoon, about half after two; they came in a one horse chaise; and John Gray got out, and came in and asked for a pair of shoes, for a boy thirteen years of age.

Court. Did you know these people before? - No, I never saw them before to my knowledge; I immediately shewed him a pair; he said, they were too big; then I shewed him another pair; he said, they were too big; he asked for a pair of stockings, and I shewed him some; and he said, they would not do; the other man came in directly afterwards; that was the prisoner Jones; and John Gray asked me to give him change for a guinea; I told him I could not; then he asked me, whether I could give him some silver, and he would leave the guinea with me, and call for it by and by; I took the scales and weighed the guinea, and it was weight; I put my hand in my pocket, and pulled out my silver; and in my hand I had two guineas both in my hand; upon which Jones reached over the counter, and put his hand over my hand, and said, I had got a bad one; he did not mention either guinea or shilling; I immediately said, I had got a bad shilling, but did not mean to give it to the gentleman, which was John Gray ; Jones put his hand into my hand, and John Gray immediately said, give me my own guinea again; I returned him his guinea again; I immediately gave them their own guinea, and they went out of the house; they said, they would come again by and by, and bring the lad to fit the shoes on.

Which way did they go? - Towards Hampstead; they both got into the chaise, and drove away as hard as ever they could drive; they had not been gone a minute, before I put my hand into my pocket, and found I had lost one of my guineas.

Court. Then you had put your money back into your pocket? - Yes, and I immediately had them pursued, and they were brought back; they were pursued by some persons on foot, and some on horseback

back; they were taken at the Spotted dog at Wilsden; John Gray and John Jones both got out of the chaise, and came into my shop; and John Gray put his hand into his pocket, and gave me the guinea back again; and said, that was my guinea; I immediately said, that was my guinea, for it was a light guinea, and a black mark upon it; it stood, and it hardly stood; I said, I would take my oath, that was my guinea; they wanted to make it up, and offered any money to make it up; and my husband being a constable, insisted on my taking them before a justice of peace.

Court. You say they wanted to make it up; did Jones say any thing? - I will not be particular to Jones; Gray did; he was desirous of making it up; and offered me any money to make it up; and they were taken before Mr. Montague; they said all that they could say; they said, I had got my money, and what could I desire more.

Who said that? - Both John Gray and John Jones said so.

Court. Was what was said before Mr. Montague taken down in writing? - Yes.

Who produced the guinea? - John Gray is the man that produced it; he laid the guinea on the counter; my husband took it up immediately, and put it in his mouth; he produces it now.

WILLIAM GIBSON sworn.

I am the husband of the last witness; I was constable then; I was present when the men were brought back; as soon as ever they were brought into the house, they confessed they had got the guinea.

Had you said any thing to induce them to confess? - Not a word; John Gray pulled out two guineas, and he looked at them, and he said, that is your guinea, Madam; yes, said she, I will swear to it; because it has a black mark upon it; I immediately took it, and put it into my mouth.

(The guinea produced and deposed to.)

Court. Have you weighed it since? - It was weighed; I know it to be too light; I am sure that is the same guinea.

ISAAC WITH sworn.

I apprehended the prisoners; I saw Gray return the guinea to Mrs. Gibson.

PRISONER GRAY's DEFENCE.

I was rather in liquor; this gentleman was sober; one of the gentlemen that took us has not been examined yet.

PRISONER JONES's DEFENCE.

I will tell your lordship the truth, and the gentlemen of the Jury likewise; on the 25th of April, it was on a Friday, I went to Smithfield, to sell a little poney of mine, and was told at Smithfield there was a sale at Mill-hill, close by Barnett; and in coming home the next day, which was Saturday, the corner of Basing-lane I met George Gray ; we drank together, and I asked him if he was very busy on the Saturday; he said, he had nothing to do; I told him I was going to the sale; he has not found feet to walk; but I told him I would get a chaise, when we went to Mill-hill, I was at Wilsdon-green; in coming back from Mill-hill; Gray says, I will buy my boy a pair of shoes and stockings; he gave her the guinea; I sat in the chaise; he asked me if I had any silver; I got down, when I came down, he was hesitating with this woman, about the article; he tells me since that, he put his own guinea into his pocket, and this gentlewoman gave him his guinea, and she gave him another guinea; we went to Wilsdon, and that gentleman pursued us; getting down at the Spotted Dog, where the sale was, this man, in paying for a pint of beer, found a guinea above the money; he says, I have a guinea more than I had, says he, surely! that woman has not given me two guineas instead of one; he said, he would go back and return it; and then the man came up and took us; I have sent for a character; I had some in daily waiting; I never expected

any indictment of the kind; the gentlewoman acknowledged, that it was a mistake; she could not tell which of us had the guinea; because she gave us two guineas, instead of one.

Court to Mrs. Gibson. Did you say it was a mistake? - No. I did not.

Prisoner Jones. Here is the man that apprehended us, and heard Mrs. Gibson say it was a mistake.

DITUR MILLIGAN sworn.

Was you present at Mr. Gibson's house, at the time these people were apprehended? - I was present at taking the prisoners, and bringing them back to Mrs. Gibson's; I was one of the apprehenders.

What passed there? - The moment I overtook them, they acknowledged they had a guinea more than belonged to them, which they had taken in mistake.

How far was it where you took them from Mrs. Gibson's shop? - I suppose five or six miles.

Which of them said they had a guinea by mistake? - Jones.

Had you charged them with taking it before hand? - I stopped them; and immediately as I did so, they said they had a guinea by mistake; they offered me the guinea, which they said, they had of Mrs. Gibson.

Had you told them before they spoke about this guinea, the reason you apprehended them? - I had not time, the moment I overtook them, I stopped them; and they acknowledged it that moment; at Mr. Gibson's house, Gray pulled out the guinea and put it down; to the best of my remembrance, Mrs. Gibson said, it was a mistake.

Did any thing else pass there? - Not as I heard.

Did you apprehend these people on the road to London? - No, in the road from Hendon, opposite the Bull and Bush; and away from there to the Edgeware-road at the Spotted Dog at Wilsdon-green.

Prisoner's Counsel. You was here yesterday, I think? - Yes.

Who was present at the time at the house, when the guinea was given back to Mrs. Gibson? - Her husband, the other man was out at the door.

She immediately said, it was a mistake? - To the best of my remembrance, she did.

Court. Did you hear any thing said about it? - I heard directly as they put the guinea down, they said that is your guinea Madam.

Did she say how it was taken? - She said it was taken out of her hand, she said, certainly; she did not know perfectly which man it was that took it out of her hand.

What did she say about the mistake; - The mistake was, that she gave him two guineas instead of one; instead of giving him his own guinea back, she said, she gave him his own and another.

Why did not you tell my Lord that just now, that is very material; then she said, she had given it them out of mistake, two guineas instead of one; it was her guinea, not their's? - It is very true, and when I apprehended them, they said, that they had got a guinea in mistake; they offered me the guinea to go about their business, and for me to return into the person it belonged to.

I do not quite understand that? - They said, that was the guinea they got in a mistake; I was to have nothing, only the woman's property.

Who was present at that time? - This man.

With was with you in the shop? - I went to Mr. Gibson's; I saw Mrs. Gibson take the guinea in her hand; and say, it was her guinea.

Did you hear her say, she gave two guineas instead of one? - I did not hear her.

If she had, must you have heard it? - There were a great many people in the shop; Jones took the guinea out of his pocket, and held it over to the publican and me to settle the mistake; I said, they

had better go back and settle the mistake; I got into the chaise, and Milligan followed me on horse back.

To Mr. Gibson. You was present at the time? - I was.

Did your wife say, she had given two guineas out of a mistake? - No; she never said any such thing; Milligan lives about Hampstead; I did not know him before.

Prisoner Gray. I wish you would look at these two commitments, you will find a great spite in it; the first commitment is for bail; and the next is, for feloniously stealing.

Court to Mrs. Gibson. When these people were brought back again to you; did you say, you had given them two guineas instead of one? - No; I did not say so.

Did you say it was a mistake? - No.

Prisoner Jones to Milligan. Did you hear any offer made to Mrs. Gibson or Mr. Gibson, of any sum of money? - They wanted to make it up, and to go to the publick-house and have something to drink.

JOHN GRAY , JOHN JONES ,

GUILTY .

Transported for seven years .

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

Court to With. Where did you find them? - They were six miles off when we found them; they were going from the Spotted Dog at Wilsdon-green, towards Church-end; when I got into the chaise, they turned round and went back.

Court to Milligan. What hour was it when you came up with them? - Between three and four.

Reference Number: t17880507-52

381. JAMES WILKINSON was indicted for stealing, on the 13th of April last, fifteen linen shirts, value 52 s. and a considerable quantity of wearing apparel, and other things, the property of John Ramsay , in the dwelling house of Joseph Davis .

JOHN RAMSAY sworn.

On the 13th of April last, I came to the lodging, which I had recently taken in the house of Joseph Davis , Compton-street, Clerkenwell ; me and my wife were sitting in the apartment, about eight; it was Sunday; and I was reading in the bible to my wife: for the purpose of removing my effects from the former lodging, I had packed up the several things mentioned in the indictment; they were all put into a bundle together, and corded for the convenience of carriage; while I was sitting with my wife, with the bundle, the door, which had a latch to it, was pushed open; it was dark; but a tall man in a dark coloured coat came into the room; I could not distinguish the particular colour; the man came and took hold of the bundle; thus corded up, and took the several things, value 14 l. and carried it away; I heard a voice of another person in the passage, call out come, Jem, come; I immediately called out to Davis my landlord, that I was robbed; he came, and we attempted to follow the persons that had committed this robbery, into the street, and found the street-door locked; Davis, who is a carpenter, sent for a hammer, and forced it open, and got into the street; we searched in that street, and the adjoining street, and no information was obtained that night; information was received that there were three men in company, and that the prisoner Wilkinson was one of the three persons: the person who gave this information, having mentioned Wilkinson, it was found out that he resided in a court in Moor-lane; and he, together with two constables of the names of Newman and Negus, went to the prisoner's house on Monday morning, and Davis was in company with them; the two constables went up stairs, there was a great disturbance; at last; one man

leaped out of the window; I attempted to catch hold of him, but he was too strong for me, and he escaped presently; the prisoner and the two constables came tumbling down the stairs together; the prisoner having made a considerable resistance; but he was overpowered and brought down by them; then we went up stairs with the constables, and found a considerable quantity of wearing apparel in an apartment where the prisoner was found; when we came to the prisoner's house with the constables, there was a sad ado, as I said before, I saw the prisoner brought down; the house was searched; I was at the searching of it; we found most of the things that I have mentioned, except four shirts; there was one gown hanging up in a closet.

Was the prisoner the occupier of that house? - He said so before the Justice that committed him; he said, he was tenant to that house.

JOHN NEWMAN sworn.

I am the constable; I produce the property; I took all these things out of a little Court in Moor-lane, No. 2. I found them there on searching the house; it is let out in tenements; the prisoner was in the room and another man; the things have been in my custody ever since; and they are now in the same condition as I found them; this shirt I took off the prisoner's back, which the prosecutor said was his.

Prosecutor. I know my linen, because my wife had been unwell for a good while, and I generally gave them to the washerwoman; and I examined them when they came back again; some of them are marked, and some not marked; but they are very particular shirts; there are three different cloths in each shirt; each sleeve has three quarters of a yard, and the width of the shirt is about a yard and nail; I was in great exercise at that time, and used to walk and ride a great deal; this shirt appears to be marked in one of the gussets with J. R. which are my initials.

Can you swear to that being your property? - This was my property.

Was that in your bundle when it was carried out of your apartment in Compton-street? - Yes.

Look at the other articles? - I was ordered by the Justice to bring, if I had any, remnants of the gowns as proofs of the indentity; here is a piece of the same pattern of one the gowns, and here is another; this gown was hung up in a closet in the prisoner's appartment; and here is another.

From these circumstances, will you venture to swear that these were the gowns that were your wife's and your property? - They were my property, and I put them in the bundle; this is a part of what the prisoner took away, and what were found in the prisoner's house; the sleeves of the shirts were the full width of the cloth.

Court. From the marks that you saw on these several articles and your observation upon them, can you say, upon your oath that they are your property? - All but one old sheet.

Can you speak with the same certainty to your wife's wearing apparel? - I have delivered all the linen to the washer-woman for these four years; I myself examined them, and gave the whole to the washer-woman, and took them from her.

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

Reference Number: t17880507-52

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 7th of MAY, 1788, and the following Days;

Being the FIFTH 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 V. PART IV.

LONDON:

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

MDCCLXXXVIII.

THE WHOLE PROCEEDINGS UPON THE

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

Continuation of the Trial of James Wilkinson .

Prisoner to Ramsay. Did you say that in case I would pay for these things, and deliver them up to you; you would not prosecute me, but shew me favour? - No, I never thought any such thing; I never said so or spoke to him; no conversation passed with the prisoner.

JOSEPH DAVIS sworn.

I am a carpenter; I live in Compton-street, Clerkenwell; the prosecutor in this indictment had apartments in my house, on the 13th of April last; on the 13th between seven and nine, to the best of my knowledge, in the evening I heard a rustling in the passage; I heard Mr. Ramsay halloo out, Mr. Davis I am robbed, and I went immediately down stairs; and he said, Mr. Davis, they have taken my bundle; I was in the yard; he went out in the passage; when we came to the end of the passage the door was locked; it was the street-door; there is but one door; finding the door locked, I sent my wife for a hammer, to endeavour to force the lock back; as soon as we got into the street; Ramsay and me went down Compton-street, towards John-street; we went from there through Allen-street; we traced the people through the ruins; we heard of some men going with a bundle.

What number were they? - We heard there were three men; when we got to the end of the ruins, that runs into Bunhill-row, we heard nothing of them after, then we went immediately home, and my wife said, she had heard of their names; in consequence of that information, the next day, between ten and twelve we went to Mr. Newman and Mr. Negus the constables; I was present, and we went to No. 2, in a court in Moor-lane; I stood at the door with the prosecutor, and Newman and Negus went up stairs; and while they were up stairs or in the room, I cannot tell which, one man jumped out of the window; within a short time after that, Newman and Negus brought down the prisoner; when they brought him into the passage, Newman ordered me and the

prosecutor to go up, and own the property; I went up, and picked up the things, and brought them down; they were delivered to Newman the constable.

Were they found in the apartments of the prisoner? - Yes, I went up with him to Guild-hall, and he was committed.

Prisoner. What door was that that he says was locked? - It was the door out of the street into the passage.

Court to the prosecutor. Does Negus, the constable, say any thing more than Newman has said? - He can say no more; he assisted Newman to his utmost in taking him, and without Negus I do not think he would have been taken.

MARY DAVIS sworn.

I went out about seven o'clock on Sunday night; I missed the key, and supposed Ramsay had it; about eight I was undressing the child by the fire; Ramsay all of a sudden cried out, he was robbed; I ran down stairs, and the door was locked, and I went and fetched the hammer; and I went to Goswell-street, and a young man said, he saw three men hovering about all the afternoon, and one of their names was James Wilkinson , and they used a house in Butler's-court; when I came down, the prosecutor said, the men run away, and one of them, he said, called, come Jem, come.

Prisoner. Whether Ramsay did not say, that if he could get his property again he would not prosecute me? - No, I did not.

JOHN NEGUS sworn.

I am one of the constables that was with Newman, when the search was made at the prisoner's house in Moor-lane; Newman and me went up together to the one pair of stairs door; Newman desired the door to be opened; a woman answered in the room; she said, there was nobody in the room but herself, and she was very ill, therefore the door could not be opened; Newman said, there is enough in the room to open the door; open the door; accordingly the prisoner came with a poker to the door, and made strong resistance; he continued keeping the poker in his hands till we got him down stairs; and into the court; and it was with some difficulty that we got the poker out of his hands; I did not search the room; when we got the poker out of his hand, I held him, while the woman went with the prosecutor and Davis, to search the place; I did not go up myself again into the room; I can say nothing as to the situation of the things in the room.

PRISONER's DEFENCE.

When I was taken to Guild-hall, I was ordered to come into the out parts to be examined; Newman says, pull off your coat, and let me take the shirt off your back; says Ramsay, I will swear to that shirt; I know my wife's plaits; she ironed it; the room was none of mine; it was my mother's room; I went there on Monday morning to put on a clean shirt; my mother was very bad in bed; I have people to call to my character.

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

GUILTY , Death .

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

Reference Number: t17880507-53

382. JOHN O'HARA was indicted for feloniously stealing, on the 27th of March , a pair of mocoa studs, set in silver, value 2 s. a silver tea spoon, value 2 s. four silver table spoons, value 30 s. one gold ring, set with garnets, value 10 s. one gold shirt buckle, set with garnets, value 5 s. a silver penny, one silver pap spoon, value 2 s. five tea spoons, value 5 s. the property of Eleanor Callow .

(The case opened by Mr. Silvester.)

JAMES BISHOP sworn.

I live at Clapham; I had taken a house

in Stafford-street, Bond-street ; I had removed a house of goods there, that was the 25th of March, Lady-day; I placed them in a two pair of stairs room, adjoining to where the prisoner lived; he lived in the next room where the goods were; there were linen and bedding, and wearing apparel, and in short every thing that we had that was movable; this plate in the indictment was with them; the things said to belong to me, do belong to me, only the silver-penny, that was my housekeeper's; I made the room fast with the folding doors; they properly call it a large closer, just room for one bed; there was a bed in it, but they took out the bed for me to put the things in; I sent for a carpenter to put on a padlock, clasp and bolt; there was a lock and no key before; I missed the things on Thursday, about five, that was the 27th of March, I was taken ill, and my housekeeper came to town for some clean linen; the man was apprehended in our tap-room; there was found upon him, a pair of studs, a breast buckle and a gold ring, which was my housekeeper's.

Mr. Knowlys. Prisoners Counsel. Do you know how many persons lodged in this house? - No, I do not, my things were, I believe they were, put under forty shillings, I value them at thirty shillings.

ELEANOR CALLOW sworn.

I am housekeeper to Mr. Bishop; in this room in Grafton-street, there was a silver table spoon belonging to me, and the other things they were my property.

What is the value of them; as near as you can guess? - Five shillings; I came to town on the 27th, and I found the box broke open; I found the drawers broke open; when I came in, I took the key and opened the door, and found two drawers in the bureau, and one in a chest of drawers broke open; the door was locked, they unlocked the door; the padlock that was on appeared to be bent; the carpenter that I sent for, his name is Jackson; he found the hinges of the door had been taken off.

THOMAS JACKSON sworn.

I am a carpenter; I made this place fast the 25th, by putting fresh bolts and a padlock; on the 27th I was sent for by Mrs. Callow; when I came, I found the lock bent very much; here is the lock which had been picked seemingly; the hinge of the door dragged very much, which it did not before; the nails of the hinges appeared to have been drawn out, and were put in slightly, I know nothing about the house.

WILLIAM NATHALL sworn.

I am a lodger in this house; I know this room where Bishop's things were, the prisoner and another man lodged in a room adjoining about nine or ten months; I believe he left the lodging about a day or two before he was accused, to the best of my recollection.

Was he there at Lady-day? - Yes, Sir, and after, because when the things were missed, the lodgers were warned out of the house, and he was there before that time.

Mr. Knowlys. You lodged in this house? - Yes, and had a considerable time.

The prisoner you say, did not leave the house till about a day or two before he was apprehended? - One or two days, I am not sure which.

He was apprehended I think about the 11th of April? - Somewhere thereabout.

How many persons lodged in that house? - I cannot positively say, about half a dozen.

What kind of house is this? - It is a public-house, the Goat, in Stafford-street.

Then the street door is of course open the greater part of the day? - Yes, Sir.

JOHN BOYD sworn.

I am a pawnbroker; a servant to Mr. Kates, the corner of Bedford-street, in the Strand, on Wednesday the 8th of

April, the prisoner, in company with a very genteel woman, came into our shop; she asked me, if I bought plate; I said, yes; upon that she put her hand in her pocket, and took out a handkerchief with this plate in it; and three more tea spoons, and a pair of sugar tongs; and said, she wanted to sell them; the tea pot she did not want to sell; she then gave me the five table spoons, the pap spoon and the pair of sugar tongs; and asked me what I would give her for them; I told her, I could give her three pounds for them; upon that, she referred to the prisoner, and asked him, if that would be money enough; she had the spoons in a handkerchief; the prisoner leaned on the counter, and he picked me out six tea spoons, and he asked me what I would give him for them; I told her, I could give thirteen shillings and six-pence for them; upon that she said something to the prisoner, and he said, that would do; and they wrapped up the other sugar tongs and three tea-spoons in the handkerchief, and went away; I gave them the money for them; after they were gone, I saw a hand-bill from Bow-street, giving a description of the plate; I applied to Bow-street, and found out where the plate was stole from; I went to the prosecutor's house, described the persons to him; and he directly fixed on the prisoner.

Are you sure the prisoner is the man? - Yes, I am; and this plate I received from the woman.

Mr. Knowlys. This was not till the 8th of April you say? - Not till the 8th.

The person with whom you transacted this business you say was the woman? - I forgot to mention, when I laid down the money on the counter, the man took some, if not all the money.

Whether he gave it to the lady or no, you do not know? - I do not know what he did with it.

Your conversation was with the lady? - I did not hear him speak above two or three words.

Certainly your attention was chiefly directed to the lady? - Where they are in company, and it is referred to the other person, certainly my attention must be refered to them both.

Was not your attention particularly directed to the woman? - At first it was, because she took the plate out.

She asked you whether you sold plate? - No, she did not, she asked me, whether I bought plate.

How long was this woman there? - They might be there four or five minutes.

Is your shop an open shop, or is it divided into boxes? - Part of the shop is divided into boxes, and part of it is open; we had just lighted candles; it is much darkened; it was just dark.

The woman I take it stood forward? - They both stood even with the counter.

Was this in the part where the boxes were? - No, it was not; it was in an open part of the shop.

THOMAS DYER sworn.

I apprehended the prisoner; I found on him one gold ring, set with garnets, a garnet breast buckle, a pair of studs, and a silver-penny; I found them just in the same state, in this box as they are now; they were in his pocket.

(The tongs deposed to by Mr. Bishop.)

It has my mark, J. M. B. and one spoon; I do not swear to the studs, but they are mine without doubt.

(Mrs. Callow deposed to one table spoon, one pap spoon, and five tea spoons.) The garnet ring and the garnet breast-buckle, I have no doubt but they are my property; but I do not chuse to swear to them; the penny-piece is mine, it was given to my little boy, when he was a baby, with a hole to put round his neck.

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

GUILTY .

Transported for seven years .

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

Reference Number: t17880507-54

383. WILLIAM JAMES was indicted for stealing, on the 23d of April , a woollen coat, value 2 s. 6 d. the property of William Waterman .

WILLIAM WATERMAN sworn.

I lost a great coat, on the 23d of April, from Mr. Carter's stable, in Old-street , I am his servant ; that is the gentleman.

RICHARD BENNETT sworn.

I saw the prisoner go out of Mr. Carter's yard with the coat, and went after him and brought him back; it was on the 23d of April; I knew the coat before.

(Produced and deposed to.)

ALEXANDER JEFFREY sworn.

This is the coat; the prisoner came into the yard; the housekeeper thought it was mine; the prisoner desired me to take the coat, when he found he was taken with it; I have had it in my possession ever since.

PRISONER's DEFENCE.

I was out of business, and I went there to carry mould, and I got a little in liquor; I had somebody here yesterday; they knocked me down, and kicked me after I was down; I spit blood for two or three days, and they put me in the horse trough.

GUILTY, Of stealing to the value of 10 d.

To be publickly whipped in Old-street .

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

Reference Number: t17880507-55

384. CHARLOTTE Mc LAUGHLAN was indicted for stealing, on the 12th of April , a pair of silver shoe buckles, value 12 s. and 7 s. in money , the property of George Ward .

GEORGE WARD sworn.

I know the prisoner; the last time I was in company with her, she robbed me of 8 s. and a part of buckles; as nigh as I can guess, it was the 11th of April; she and I was together that night at her lodgings, and when I got up in the morning she was gone, and left me there; I am sure I had the money and the buckles over night, because I changed half-a-guinea when she and me were going together; I gave her half-a-crown for herself, and the rest of the money I put in my pocket, and my buckles were in my shoes; I took the prisoner in about half an hour after I awoke in the morning, the constable took her up.

Prisoner. Did you leave me in the room about eight? - No, she was gone.

WILLIAM THURSTON sworn.

I am pawnbroker; I took the buckles in, on the 12th of April, from the prisoner.

(Produced.)

Ward. There is no mark upon them; I had a pair exactly of the same sort, they were quite new; I had had them but one day.

DENNIS MAC DONALD sworn,

I am a constable; I took up the prisoner at a public-house, and I found the duplicate upon her, and three shillings in silver, this is the duplicate for the buckles.

Pawnbroker. That is my ticket.

PRISONER's DEFENCE.

This very night it will be four weeks; this Mr. Ward (I have known him ever since I was a baby; I had not seen him, I dare for five or six years) he came into a public house where I was, and some more of his ship-mates with him; and they were pretty merry with drinking; at last he spred me out; he knew me, and asked me to drink; I drank with him several times, and sat down by the side of him; we sat from two in the day till past nine; his shipmates left him with me, and some

more girls that was in our company drinking; he said, he was rather belated, and asked me, to take him to any place; I said, I had no room of my own; says he, I have not much cash about me, and he pulled out thirteen pence halfpenny; but, says he, I have something about me that will pledge; says I, you must pay for a bed, and he sent me to pledge his buckles; it was too late; I came back with the buckles, and returned them to him; says he, cannot you leave them with a friend for four or five shillings; I bethought myself, I had five shillings and twopence in my pocket; I asked the landlord, and he would lend me no money on them; I said, I have some money of my own I can lend you; well, says he, put the buckles in your pocket, and you can pledge them in the morning; I gave him five shillings out of my pocket, and put the buckles into my pocket; I went from that public-house, to another public-house; there we sat and drank, and it was past three o'clock before we reached any room at all; the money I had lent him was all gone, and he was as backward of money as ever; I took a handkerchief off my own neck, and left it for eighteen pence for a bed; with that, we both of us went to bed together; I slept with him the whole time, and never parted with him till the morning; in the morning about eight he got up, and he had a pair of yellow buckles in his pocket, and he put them in his shoes; he never said any thing about his silver buckles; then I got up, and pledged these buckles, and took a gown out for five shillings, which was what I lent him, and went to redeem my handkerchief, it came to eighteen pence, then I had just three shillings and sixpence; in the morning he came to the public-house where we were drinking; he drank to me; says he, have you done any thing with that? yes, says I, here is the duplicate; he took it in his hand; says he, where is the money? says I, there was five shillings borrowed out of my pocket; I redeemed that; says he, have you, you had better have given me my buckles; says I, there is but three shillings and sixpence left, and that is little enough for me to stay with you; he said, if you do not give me the money, I will be revenged against you; I thought he meant to beat me or use me ill; he left me in the public-house; I never stirred; he chucked down the duplicate, and I picked it up, and put it into my nutmeg-grater, among some more; then the prosecutor returned with the constable, and took me; he took three shillings out of my pocket.

Court to prosecutor. Is this true? - Such words never passed; I never saw her till the constable found her for me.

GUILTY .

Whipped .

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

Reference Number: t17880507-56

385. RICHARD WADE was indicted for stealing, on the first of May , a pair of men's leather shoes, value 5 s. the property of William Fletcher .

WILLIAM FLETCHER sworn.

The shoes hung at my door; I followed the prisoner into the street, and caught him with the property upon him.

GUILTY .

Transported for seven years .

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

Reference Number: t17880507-57

386. JOSEPH SLACK was indicted for that he, on the 25th day of April last, in the parish of St. Dunstan's in the West, having in his custody or possession, a certain order for the payment of money, addressed to Messrs. Goslings, subscribed Foster Bower , whereby the said Foster Bower did require Messrs. Goslings to pay to John Lane, Esq; the sum of 15 l.

dated the 24th of March, 1778, directed to Robert Gosling , Francis Gosling , and William Gosling of London, bankers, by the name and description of Messrs. Goslings, which said note was in the words and figures following, that is to say:

"March 24th, 1788.

"Please to pay John Lane, Esq; or

"bearer, fifteen pounds for your humble

"servant, Foster Bower .

"15. Messrs. Goslings, bankers."

And the indictment further states, that the said order for payment of money, was falsely altered, by the letters en in the word fifteen, and the figure 1, being falsely erased, and a stroke added to the letter e, thereby changing and altering the letter e, into the letter y, and by the figure 5, in the figures 15, being falsely altered and changed in the cypher o, and another figure inserted, whereby the said order of the said Foster Bower , to the said Messrs. Goslings, requesting them to pay to John Lane, Esq; or bearer, fifty pounds , which said order for payment of money, so falsely altered, is in the words and figures following, that is to say;

March 24th, 1788;

"Please to pay John Lane, Esq; or

"bearer, fifty pounds, for your humble

"servant, Foster Bower .

"50. Messrs. Goslings, bankers."

And the indictment further states, that the said Joseph Slack , on the said 23d of April, did falsely utter as true, the said order for payment of money, so altered as aforesaid, with intent to defraud the said Richard Gosling , Francis Gosling , and William Gosling , well knowing the same to be falsely altered.

A second Count, the same as the first, only stating, that the order in its original state, when drawn, was for fifteen pound, and not pounds; and that when altered, it purported to be an order for fifty pound, and not pounds.

A third Count, that it was fifteen pound, and when altered, fifty pounds.

A fourth Count, that it was fifteen pounds, and when altered fifty pound.

(The Case opened by Mr. Silvester.)

WILLIAM EWINGS sworn.

You are clerk to Messrs. Goslings? - Yes.

What are their Christian names? - Robert, Francis and William.

Do you know the prisoner? - Yes.

When did you see him? - On the 23d of April, he came to our shop, and tendered a draft to me for payment.

What time of day? - Between eleven and twelve; I am sure it is the same person; I gave the draft to Mr. Bower, and he returned it to me again.

You are sure that is the draft? - I am clear of it.

Mr. Graham, Prisoner's Counsel. You gave this immediately after it was presented to Mr. Bower? - I carried it to Mr. Bower.

When did you see this note last before to-day? - I had it from Mr. Bower; I think it was last Thursday.

So that it had remained in the custody of Mr. Bower, from the 23d of April, till last Thursday? - I imagine so.

Had you ever seen the prisoner before? Not to my knowledge; the prisoner went with me to Mr. Bower's; I was at Mr. Bower's about ten or fifteen minutes, and I left him with Mr. Bower.

Did the prisoner shew any objection to go with you? - He readily agreed; I pointed out no alteration in the note; I told him, I must see Mr. Bower before I paid him the draft; I did not mention my suspicion; I only said, I must see Mr. Bower before I paid the draft; I then gave Mr. Bower the draft; he looked at it; he then said, this is my draft, and should only be for fifteen pound; this is a forgery; the prisoner was in another room; I called in the prisoner; I could not perceive any discomposure about him.

Did you point out to him in what particular parts of the note the alterations seemed to have been made? - No, I did not; Mr. Bower had the note in his possession; Mr. Bower told me, it was a forgery; the prisoner expressed his surprize, very much indeed, and in a very natural manner, and I believe I was with Mr. Bower a quarter of an hour, till he sent to Mr. Lane's chambers; when I came away, the prisoner, Mr. Bower, and Mr. Lane were together, and I knew no more.

Court. I understand you, that the prisoner expressed surprize, but did not seem confounded? - Yes, I went into the back shop where Mess. Gosslings were, and was shewing them the draft, and while I was doing that, the prisoner came into the back shop; I was not absent from him above two minutes.

You do not recollect he entered into any conversation about the alteration? - No, I do not recollect he did; I had no suspicion he was the person.

Court. On what account did he follow you into the back shop? - I cannot say.

It is not usual for such persons to go in that come for drafts? - No it is not, but he must see Mr. Gosling and me with the draft, and that might induce him to come in.

You say he came into the back shop, was the communication with the back shop open, or was there a door between? - There is a door, but it was open.

In point of fact, you never paid this draft? - I never paid it.

Court. Pray when you went in to Mr. Gosling, did you express your suspicion in the hearing of the prisoner? - No, I did not, but from the ragged state of the note, it induced me to suspect it.

Court. The note is Mr. Bower's hand writing? - Yes, it is.

Mr. Graham. You have seen Mr. Bower write very often? - I have seen him write very often, I have not the least doubt but it is his.

(The note handed up to the Court.)

THOMAS LANE sworn.

(Looks at the Draft.)

On the 22d of March last, in the Court-house, in Hereford, having occasion to send to London a particular sum of money, and not being able to do it so exactly to my mind, without obtaining a fifteen pound or twenty-five pound draft; I applied to Mr. Bower, who is an intimate friend of mine, to accommodate me with fifteen pounds, which he was obliging enough to do by giving me a draft on his bankers, Messrs. Goslings, for that sum, the draft was by him post dated on the 24th; it is not material, but I believe I could tell literally the terms of the draft; it was to pay me or bearer, the sum of fifteen pounds on his banker's, Messrs. Goslings, in my favour for fifteen pounds.

Court. Do you happen to know why the date was post dated? - I only know from conjecture; it was not expressed at the time. I beg pardon, I will tell you in a moment, whether it was or not; yes, it was; I mentioned to Mr. Bower, I said, oh! what you draw it on the 24th, because it is to be in town, do you? I remember saying that to him across the table, in the presence of fifty people; he said, when I draw from the country, I always post date it; it was understood between us, that it should be so, it was to arrive in town that day, and was to be presented there; the draft which I so received from him, I put together with two bank notes of ten pounds each, into a letter which I adressed to Mrs. Mattingley, and which I sealed, and which letter so containing the drafts and notes, and so sealed, I put together with several other little letters and papers into a cover, a frank which Mr. Bearcroft gave me, and directed it to my clerk, in Lincoln's-inn, and sent it by the post to him, I addressed it to a clerk of mine, who always is in my chambers in London, I gave it to my servant at Hereford, so addressed to my

clerk in London, at my chambers, to put it into the post.

Do you know whether that is the draft that you put in? - It is impossible for any man to say positively that it is, but I have no particle of doubt that it is, having with the utmost care and attention examined it, and being master of the literal words of the draft, I particularly attended to it, and accurately looked at it; I had my reasons at the time, I did not chuse to use my friend's paper, but I could not get a fifteen or twenty-five pound note; the first alteration which I observed in the draft, is that instead of the word fifteen pound in the draft I received, in that in my hand appears the word fifty pound, it seems to have been done by a substitution of the last part of the letter y in the place of the two last letters of the word fifteen, in the place of the letters e n, perhaps it is more correct to say by an addition of the part of the letter after the letters fifte, or an addition of the last part of the letter y to the first e, in the word fifteen; the long stroke in the last part of the letter y, to the first e, in the syllable en. I take it to be so because I observe from very accurately attending to Mr. Bower's draft, and I have observed it very often in his writing besides, that his e's do not appear to have any opening, they are a little perhaps fuller at the top, but are like i's; only no tittle, there remain the original letters fifte, and in the place of the last en, there is a substitution of the last past of the letter y which make it fifty.

Court. What do you conceive to have become of the letters e n? - I rather think that the n has clearly been erased, and perhaps the e also; that is, perhaps the second e in the word fifteen; upon the strictest attention, I am much inclined to think the conjecture which I offered last is correct; that is that the letter e as well as the n, have both been erased, because there seems to be the least but some running ink at the latter end of this substituted stroke for the y, it seems to be jagged and incorrect, more so than it would have been if written upon the original letter.

Then you say, you seem to incline to think, that both those letters have been erased? - Yes, and again because I cannot trace under that half of the letter y any other ink, which in another instance in the note I do; because I do not trace under that the mark of any other letter; there is a small difference in the blackness of the ink, which I attribute to the spreading upon the erasure, fresh ink, and its sinking in.

Mr. Graham. I submit these are observations for the Jury to draw.

Court. They are reasons which he has assigned, having said he believed the alterations to be made in that manner, being matter of observation, the Jury can draw it to be sure, but they are proper questions.

Mr. Bower. It rather appears to me, that the erasure, that is to say, that there had been by a knife or other instrument on the paper, a running, rather to the left hand of the stroke, which I have described to be joined to the first e, a little in the additional part of the letter, it seems to me rather to extend beyond that mark, but the whole of the alteration seems to be most bunglingly executed, and therefore further than conjecture it is impossible for me or any other person to say.

Court. To be sure the Jury must judge intirely? - The next alteration which may have taken place is by the addition of the letter s to the word pound, but I think that stood originally pounds, and that it is now as it was originally, pounds and not pound, as to that I will not say more, because I attended literally to the draft, and I think it was so, because it would not have been so correct.

Court. That is not one of the alterations laid, and it seems to be perfectly immaterial as the indictment states it, I observe, that from that time the indictment charged it both wrote pounds and pound, but without charging that it is made; none of the counts charge any alteration to have been made in that word; if it did, that would be a material piece of evidence; but the counts themselves vary, some of

the counts stating it to be pound, and some of them stating it to be pounds; but none of the counts charge the word itself to have been altered.

Mr. Graham. It is by adding the letter s to the word pound? - As I recollect it is so in two of the counts, I heard Mr. Bower read it.

Court. Let me look at the indictment itself, for it certainly is not so in the abstract.

Court, (looks at the indictment.) The two first counts state the alteration that has been in substance given in evidence, and take no notice of the alteration of the word pounds; and they state the draft as having upon it the word pounds; the third count states that the word stood pound; the fourth count states that the letter s had been blotted out from the word pound? - I take the liberty of saying that I did fancy the letter s to have stood now as it was written originally.

Do you think so on memory of the draft, or on inspection? - I do on memory of the draft, because I very accurately attended to it, and I should have observed that it was not quite correct, if it had been the word pound instead of pounds, indeed Mr. Bower would not have needed the correction from me; there appears then to have been one other alteration, a material one in the figures, which were originally 15, turned into 50 as I conceive in this manner, I think the I in fifteen has been erased, and a 5 substituted in its place, there has been no easure committed on the figure 5 of the 15, but that 5 is by ink changed into an o; I am not aware of any other alteration in the draft, I said before I believe, that I had put this with two bank notes, which I inclosed with other papers, to my clerk, and these bank notes and this draft were directed to Mrs. Mattingley; perhaps it may be right to say, that I was sending to her as part of an annuity, which I for many years had paid her.

Mr. Graham. There seems to be a material objection to the competency of Mr. Lane; is is not an obligatory annuity; you have not executed any instrument for the payment of it? - I have not.

Mr. Silvester. When did you first see or meet with the prisoner at the bar, when and where, and what passed at the meeting?

(The note delivered to Mr. Shelton.)

T. Lane, Esq. The first time I ever saw the prisoner at the bar in my life, to my knowledge, was on the 23d of April last, in the chambers of Mr. Bower in Lincolns Inn; it was the day of his commitment, be it what day it might; but I think it was the 23d of April; a message from Mr. Bower had taken me thither in great haste, I presume I should be as accurate as I can, as to the words that passed that were used by the prisoner, and in his presence, I shall mention no other words than what were used in his presence: says Mr. Bower to me, so, Mr. Lane, says he, there has been a capital forgery committed on this draft of mine which I gave to you at Hereford; I think they were his words, standing up and looking very much distressed at the subject, as were we all.

Mr. Graham. The prisoner was then by? - I will not tell you one word, nor a letter, not an atom but what passed in his presence. God bless my soul! says I, I am very sorry for it. Good God! or some involuntary and strong exclamation. Yes, Sir, says he, it has been altered from a 15 l. to a 50 l. do look at it, (I am attempting to give the words as near as I can, but will not affect to say that I am accurate to the precise words, but as near as I can, and the substance I do not vary it) do you recollect what you did with it? feeling much agitated by the question, and the discovery he had so made to me, of the forgery in this draft which he had kindly given to me, I had prudence enough to consider

for a second or two before I gave an answer; I turned round, and having considered for a second, I said yes, I do, perfectly well, I have no doubt but I can trace it with the utmost ease; I think Mr. Bower then said, well, Sir, you must do it, or you must endeavor so to do, or to that effect: Mr. Bower then told me, the prisoner being present, says he, this gentleman I believe, saying Mr. Slack, or whether he mentioned his name or not I cannot tell, but the prisoner, says, he received it for some goods he sold to a Lady, who laid out 40 l. with him; I think who laid out 40 l. was his expression, I am not positive whether he said 40 l. or 50 l. but I think he said 40 l. in goods, and took them away in a hackney coach: Mr. Bower going on says, he has seen the Lady often, he says, but does not know her name or place of abode: I think Mr. Bower added then, she is a pale thin woman, of about five and thirty, that was Mr. Bower's giving to me (in the presence of the prisoner) the relation the prisoner had before given to him; I think Mr. Bower added that, but of that I will not be positive, I think he added a pale thin woman of about five and thirty: during this part of the conversation I think Mr. Bower and Mr. Ewings were both present, and I rather believe, but am not not positive, that when the conversation had gone this length, that Mr. Bower called me aside into another room, and that Mr. Ewings went away; but I will not affect to be positive whether Mr. Ewings heard this or not, but I think he did.

Court. To what passed in the other room we cannot ask you of course? - I retired with Mr. Bower into the other room, and left the prisoner in Mr. Bower's chambers two or three minutes, I rather think Mr. Ewings was with him then, but of that I am not positive, I took upon myself then to speak to the prisoner, wishing to learn from himself his story, that he so related to Mr. Bower; I wished to know accurately and clearly and precisely what he said, I rather believe I said to the prisoner

"a tall pale woman of five and thirty;" for Mr. Bower said so to me, I certainly did repeat it.

Mr. Graham. If you do not recollect it, you had better not speak it, because if you only heard it? - I rather think I did, but I do not speak positively, I said to the prisoner, this lady laid out 40 l. with you and upwards, and took the things away in a hackney coach.

Court. You repeated so much of what Mr. Bower had said interrogatively? - Just so: Yes Sir, said the prisoner, 40 l. and upwards, the precise amount I cannot tell you, my books will tell you that; Sir, says I, I do not mean the precise sum, but upwards of 40 l. Upwards of 40 l. yes Sir, says he, upwards of 40 l.

Mr. Graham. are you positive as to that? - I am, I will add that there is not a little of my evidence that I have not mentioned to Mr. Bower, choosing to confirm my evidence by his, before I was certain; he repeated that a second time; I had my reasons for choosing to make him particular; I said, as to her name or place of abode, you do not know; No Sir, I do not, says he, the lady I have often seen at my shop, but her name or place of abode I do not know; I think he repeated the words I have previously made use of; I do not recollect any thing material which passed at that time.

Court. As to the substance of this conversation you speak with certainty? - Literally as near as I can recollect, but to the substance, I speak most positively.

Mr. Silvester. Have you any doubt that he told you he did not know the person's name and place of abode? - I have not any doubt, for he repeated it twice, and also that the amount of the purchase would appear in the books; when Mr. Bower and the prisoner and myself went our of Mr. Bower's chamber's together, Mr. Bower saying in the presence of the prisoner and myself, that he

was going to Bow street, says he, we must go to Bow street; I went immediately to Mrs. Mattingley, I shall not repeat any thing that passed there, unless you wish it.

Court. Not unless you are asked by the prisoner's council? - Mrs. Mattingley lives in Long Acre.

How soon after did you see the prisoner again? - I will not take upon myself to speak to minutes, or indeed perhaps to a quarter of an hour, but perhaps it might be an hour, as soon as I got to Lincolns Inn, I called on Mr. Bower, he was not returned, as soon as he was returned, he sent me word, and I called on him; and as we were going together to Mr. Bower's chambers, I turned my head, and saw the prisoner on the other side of the new Square, Lincolns Inn, the prisoner saw us too, for he immediately came across towards us, and he accosted me, and said Mr. Lane, have you seen Mrs. Mattingley? upon which I started much amazed, and with great sternness said, yes, Sir, I have; have you seen her twice? (said he quickly) no, Sir, says I, I have not, in the same stern manner; why, said I, have you seen her? very sharply; Yes, Sir, said he, I have; I did not ask any further question at that moment, nor did any thing further pass between us, for a few seconds; he put himself by my side for a few paces, as one of the company, I holding Mr. Bower's arm, as we were walking looking at the ground, Mr. Bower and myself were not attending to the prisoner; I think when we came to the corner of Lincolns Inn New Square, round which we were going to turn, to go into Portugal Street, the prisoner first spoke again, he began the conversation, he seemed (I should say) in vast agitation, and he said, pray Mr. Bower, will you give me leave to speak to you? no, said Mr. Bower; you must not speak to me, Mr. Slack; he repeated, pray Mr. Bower, will you give me leave to speak to you? in terms of anxious entreaty; for God's sake, says Mr. Bower, Mr. Slack do not say any thing to me, I may hereafter be obliged to tell the conversation which might now pass between us, I beg of you not to speak, I cannot hear you: we passed on then for several paces, without any other words passing between us, when we came I think twenty or thirty yards in Portugal Street, keeping on the right-hand side of the way, which is not much frequented, Mr. Slack changed his position, and quitted my left-hand side, and went towards Mr. Bower; Mr. Bower and me having separated, we were walking singly, and he several times made fruitless attempts to gain an audience of Mr. Bower, and I do not think any other conversation passed between us, unless it might be a repetition of similar expressions, between that spot of ground and Russel-court, Covent Garden; I will not be positive whether that repetition might be made often, but perhaps once or twice; and I think in Russel-court, but I am positive there or thereabouts, he would speak, in spite of the humane caution he had received, and he said for God's sake Mr. Bower, do speak to my friends, for I have very good friends; I think Mr. Bower said, it is in vain, Mr. Slack, your solicitation to me, I must do my duty, it is my duty to investigate the matter, and the guilt must fall; let it fall where it may; he repeated again nearly in the same terms, do for God's sake speak to my friends; then turning round to me, he said, do, Mr. Lane, pray do Sir; upon which I said, Mr. Slack, do not speak to me, it is impossible for me not to do my duty; I am not aware that he repeated any other, or different words, between that place and Bow-street; and just before Mr. Bower and he went into Bow-street, I said, I will go and fetch Mrs. Mattingley as fast as I can; I said in a low voice but audible, and I believe both did hear, they were both together; I addressed myself to Mr. Bower, I will go and fetch Mrs. Mattingley as fast as I can, I shall be back again in five minutes I dare say; I did go up to Mrs. Mattingley's house, with a view to find her, and left Mr. Bower and

him together at the office door, Mr. Bower was saying some words, what I did not hear.

Court. Up to that time the prisoner went voluntarily with you, without any compulsion? - Quite so; quite so indeed, for I myself had gone many paces before, that I might not seem to be a restraint upon him, and Mr. Bower apparently was very much intent upon his own thoughts.

There were no means taken to prevent his escape? - Certainly not, it was far from a wish that he should not; I went immediately for Mrs. Mattingley, who was not at home, I learned she was gone to my chambers, I run there as hard as I could, and found her there in a very different state of mind to what I did before, as I had not at that time apprised her of any particulars of the case, I had not told her of any forgery having been made, I made an excuse to her, I had not apprized her that any forgery had been committed, that was when I first saw her, I had seen her but once, then I called a hackney coach, handed her into it, and we went to Bow Street, I apologised very much to Sir Sampson Wright, I believe, and Mr. Bower for keeping them so long, and mentioned to them my reasons for staying; I was not present at the time any thing was taken down in writing, that was when he and Mr. Bower were together, while I went to Mrs. Mattingley's; this time I am mentioning is the second time the prisoner came before the magistrate, and the first time I was there, I do not believe that there was any thing else passed particular.

Mr. Graham. I understand you to say, that you had in the same letter sent Mrs. Mattingley two ten pound notes? - I said I had, being part of an annuity I call it, I mean an annual sum that I had paid her for some time.

Had you at any time sent any drafts to Mrs. Mattingley from that circuit? - No, certainly not, I actually attended to this being quarter day.

Had you made her any remittance before at that time from that circuit? - I had not, I am certain she had not a bank note when I left London, three weeks before, because I had given her some money myself.

You represent yourself to have left Mr. Bower's chambers some little time, and to have returned, when the prisoner made that enquiry of you, whether you had seen Mrs. Mattingley? - I said I could not say whether it was an hour or not, it was while I went to talk to Mrs. Mattingley, went to Mr. Bower's chambers, and found he was not at home, went to my own, and left word for him to send to me.

You do not know where the prisoner had been during that interval? - I do not of my own knowledge; Mr. Bower and the prisoner went from his chambers, where Messrs. Gosling's clerk, the prisoner, Bower and I were together: Mr. Bower and the prisoner went to Bow Street, I left them at that time, and went to Mrs. Mattingley's.

Court. So in the interval the probability was Mr. Bower and the prisoner had been to Bow-street? - I could speak positively to that, they had been at Bow-street, because it was mentioned in the prisoner's presence afterwards, that they had been there; I heard it said when I was at Bow-street afterwards, that they had been there.

During the time you was at Mr. Bower's chambers, previous to their going to Bow-street; do you remember that any mention was made of the name of Mrs. Mattingley? - I am sure that there was no mention in the prisoner's presence of the name of Mattingley, or any other thing like it; I am very clear and positive that there was not any mention of any name whatever; and that caused me to describe, what I really felt, a great surprise, at his asking me afterwards.

Had you conversation with Mr. Bower (not in the presence of the witness) had you mentioned the name of Miss Mattingley to Mr. Bower? - I had, but had not told him where she lived, nor did he know, for he asked me afterwards, nor

did he know till they got the door of the public-office, I said to him I will just go up to Long-acre for Mrs. Mattingley, she does not live an hundred yards from hence.

Court. You are sure there had been no mention of Mrs. Mattingley in the prisoner's presence before he mentioned it, but that you had mentioned it to Mr. Bower but had not told him where she lived, till you came to the door of the office in Bow-street; had you told Mr. Bower that you had sent the fifteen pound draught which you received from him to Mrs. Mattingley? - Upon recollection I am not quite sure that I had even mentioned her name, I am not quite sure, but rather think I might.

I understood you to mention just now that upon recollection you had? - You question suggesting to my memory precisely what passed, I am not certain, that I used her name at all to him, I used another expression.

Did you mean to explain to Mr. Bower what you had done with the draft? - Yes.

Then I should imagine; consult your recollection upon it; I should naturally imagine that you would mention the name of the person you sent it to? - You may think so, but the fact was, that I described her by another name.

Could Mr. Bower understand at all by that? have you reason to believe that Mr. Bower could understand it was Mrs. Mattingley; had he known her before? - I do not believe that at that moment Mr. Bower ever knew the name of Mrs. Mattingley; I have no reason to believe that he knew her name.

Then have you any reason to believe, that Mr. Bower ever knew that there was a person, to whom occasionally you did make those sort of payments? - No, he did not; no man alive knew it, unless a confidential brother.

Excuse me; have you any reason to know, that he knew you had a certain connection with a person of the name of Mrs. Mattingley? - Most certainly, because I had spoke to him about it before.

Did you mention to him the purport for which you wanted the draft? - Most certainly not, it was in the court.

Did he know the purport? - I am certain he did not, because I had applied all round the town for 15 l. or 25 l.

Then from that moment to the moment the prisoner accosted you, as you represented him, you had not mentioned to Mr. Bower, during that interval, the name of the person to whom you addressed those notes? - I cannot say that, I will not say that I have not mentioned Mrs. Mattingley's name, but I am rather inclined to think, that the expression I used was of a different sort to her name.

During any part of the conversation that took place in Mr. Bower's room, had you by any gesture, or by any language that you had held, intimated to him any suspicions that you had of his being guilty of altering the note? - I did not directly or indirectly make the slightest mention to Mr. Bower, of any thing that passed between me and the prisoner, except that Mr. Bower's attention being employed in looking for some papers, I called his attention, and said, Mr. Bower, be so good to attend to us; and then I asked my questions I have repeated to you, making Mr. Bower hear what he said; Mr. Bower had first given me a detail; what he represented the prisoner to have said; it was in the presence of the prisoner and Mr. Bower: I have before said, I am not sure whether he was in the room or not; the description that Mr. Bower had given me was quite correct; whether the prisoner would repeat the same description, therefore I put what I said to you before:

"then, Sir, it was a pale thin woman of five and thirty?" I put the material part of this relation of Mr. Bower into questions.

I suppose your intention was sufficiently obvious to the prisoner? - I cannot say that.

At the first conversation, the prisoner

had reason to suppose he was suspected? - Do you wish me to give an answer to that?

Had you communicated to the prisoner the suspicions of your own mind? - I will not say he was aware of it; to say the truth, it was rather my intention, that he should suppose I did not suspect him; I did not want to put him on his guard, but the contrary.

When you perceived him as having come over to you from the opposite part of the inn, to Mr. Bower's chambers, was there any anxiety in his behaviour? - There certainly was a great deal.

Then was not that agitation encreased on your addressing him sternly, in the manner you have represented? - I cannot say it was at that moment, but I do not think his feelings appeared to have changed, or to be altered, between his first address, my stern answer, and his second interrogation; I am pretty clear it was so, for his manner struck us both.

Now you say, when this passed, and while Mr. Bower was gone to Bow Street, you went in search of Mrs. Mattingley? - I went to her house, and found her at home, and had a great deal of conversation with her without apprizing her of the forgery.

I speak of the second time going in search of her? - I found her from home, and I then went to my chambers and found her there.

I understand you to say, you found her in a situation very different from that in which you had left her the first time of your calling upon her? - I did.

What was the difference of her situation? - She was very much alarmed at something or other which I had not communicated to her, she was apparently in a very considerable agitation, it was an agitation (I do not know whether I ought to say what passed on that subject) but I wish correctly to describe, I cannot so correctly describe it as by using her words.

Mr. Silvester. I shall certainly ask you.

Mr. Graham. Give me the note: can you take upon yourself, from your recollection of this note to say whether the ee's in the word fifteen as you suppose it to have been, were closed ee's, or whether they were open ee's? - I have said before, and I repeat now, that I believe the first letter e in that word in the body of the note, which was originally fifteen, continues as it was originally, I think the first e is not altered at all, that is my opinion; with respect to the second e, I apprehend it to be altered.

Do you apprehend that to have been altered from an open e originally, or from a closed e at the top? - I cannot say, I understand the erasures to be confined to the two last letters of the word fifteen.

Mr. Silvester. You saw Mrs. Mattingley much agitated, much alarmed, in great agitation? - I did.

What was the occasion of that agitation.

Mr. Graham. My Lord, I certainly do object to the enquiring into that alarm, I wish to be informed of the fact in which she then was; with respect to particular conversations that might have passed between Mr. Lane and that Lady; the clear simple fact is the thing to which the enquiry particularly applies.

Court. I think at present the objection is right, a very little further of your examination would have let in this examination of Mr. Silvester's, but it seemed to me, that you stopped in time, because you had got nothing beyond the fact of Mrs. Mattingley's situation, and she was in a very different state to what he had seen her in before; Now in that state I cannot permit Mr. Lane to say what was the cause of that agitation; if Mrs. Mattingley is called, I think we may ask her.

(The note read and examined by the record.)

"March 24th, 1788. Please to pay to

"John Lane, Esq. or bearer, fifty pounds,

"for your humble servant, Fos. Bower;

"50 l. (and two cyphers.) To Messrs.

"Goslings; bankers."

Mr. Graham. My Lord, the note is read, and it is laid that on the 23d of April, &c. My objection is upon the evidence now given on the face of that indictment.

Court. It will be matter for the consideration of the Jury, that together with the inspection of the note and comparing it with the record will possess the Jury of the question; for it seems to me, that the erasures are so laid in the indictment, as to require a very strict proof; I doubt whether they need to have been so laid, if it had been laid that the word fifteen was altered to fifty, it would have been sufficient: It is impossible to be too accurate.

THOMAS OLIVER sworn.

I am clerk to Mr. Lane, I live in Lincolns Inn; I received a letter from Mr. Lane on the Hertford assize, on the 24th of March, I am certain to the day; there were several letters, and among the rest, there was one to Mrs. Mattingley, which I left on the afternoon of the same day that I received it, at her lodgings, in Long Acre.

Mr. Knowlys. You know nothing of the contents? - No.

MELISSA MATTINGLEY sworn on the VOIRE DIRE.

Mr. Graham. You paid this note in part payment for some goods that you bought at Mr. Slack's shop? - Yes, I did, for some things that I had bought before, the amount was 3 l. 3 s. 1/2 d. or 2 1/2 d.

Mr. Graham and Mr. Knowlys, Councel for the prisoner, objected to the reception of Mrs. Mattingley's testimoney, which was over-ruled by the court.

MELISSA MATTINGLEY sworn in chief.

Where do you live? - In Long Acre.

Where did Mr. Slack live? - In James Street, Covent Garden.

How long have you known Mr. Slack? - About seven months.

What kind of shop did he keep? - Part a linen drapers and part a haberdashers shop.

Have you been in the habit of dealing at that shop often? - Very often, I do not suppose I passed a week from the first time.

Did he know where you lived? - Yes, almost from the first of my dealing with him.

Did he use to send goods to your house? - Sometimes.

Did you in March last receive a letter from Mr. Lane from the circuit? - I did.

What did that letter contain? - It contained a 15 l. draft, and two bank notes of 10 l. each.

Do you recollect on whom the 15 l. note was drawn? - Messrs. Goslings, Fleet Street.

What did you do with the note which come in that letter from Mr. Lane? - I paid it to Mr. Slack for a small bill that I owed him.

What was the amount of the bill you owed him? - It was 3 l. 3 s. and some odd halfpence, but I only paid him the 3 l. 3 s.

What did you pay him with? - With the 15 l. note.

Was it the same note you had from Mr. Lane? - It was the same note, I never had another note in my life of that value, the bank notes were ten pound notes.

Do you recollect the day, or how soon it was after you had received it from Mr. Lane, that you paid it? - I received it the 24th of March, and I paid it away either the 26th, 27th, or 28th; it was either Wednesday, Thursday or Friday, I do not know which day.

Be so kind as to look at that note? - (Looks at it.) I have seen it before.

What do you think of it? - I cannot say it is the note I paid Mr. Slack.

But you are certain of the note you received in Mr. Lane's letter was the same note you paid to Mr. Slack? - Yes Sir, that I am certain of.

Do you recollect whether the sum of 15 l. was both in words and figures? - Both in words and figures I am very clear.

Having been there the 26th, 27th, or 28th, was you there after that for any other account, before he was taken up? - Many times, between the time I paid that

note and the time he was apprehended, I cannot say how many, but I should suppose perhaps a dozen times at least.

When was you first informed by the prisoner about this note? - The day he was apprehended.

What passed on that day? - It was the 23d of April, Mr. Slack came to my lodgings about a quarter after two, that was the first time he ever called at my lodgings in his life; when Mr. Slack came, the gentleman of the house rang the bell, and my sister opened the door, and he asked for Mrs. Mattingley, and he was desired to walk up stairs; and when I went into the room to him, he said as soon as he saw me, madam, you recollect the 15 l. note you paid me; upon which I said, yes, Mr. Slack, what of it? he said, madam, a very unfortunate circumstance has happened, I said; what Mr. Slack? I think I am wrong in what I said first, I think he first of all asked me, or whether it was afterwards, he asked me, if I had seen the gentleman who had wrote the note; I do not recollect whether it was first or last, I rather think it was first.

Court. That must have been after he asked you if you recollected the 15 l. note? - I said, no Sir, I have not seen the gentleman that wrote the note, but I have seen the gentleman I had the note from.

What answer did he make? - I cannot say, I believe he asked me where Mr. Lane lived, and I asked him what business he had with Mr. Lane, what he could wish to see Mr. Lane for; then I believe it was, he said a very unfortunate circumstance attended this note; then I asked him what; upon which he said he had paid this note to a man in Bread Street, that man had paid it to another man who had forged it, and had come to his shop, and bought goods to the amount of 50 l. that he had taken these goods away, and was gone to Ireland, and had paid him with this note; upon which I was very much surprised at his receiving this note for 15 l. and paying it away, and receiving it again altered to 50 l. and I said, Dear, Mr. Slack, could you be so very thoughtless as to receive this note and pay it away as a 15 l. note, and take the same note back again as a 50 l. note, without observing that the name and date and every thing corresponded? he said yes, he had indeed; I believe I repeated again that I was very much astonished, that he should not pay any more attention to it.

Mr. Graham. Was any body present at this conversation, was your sister present? - No, nobody was present, only just at the first part of it my sister was there.

Mr. Silvester. Go on? - When he found Mr. Lane had been with me he appeared much agitated and wished he had come a little sooner.

Mr. Graham. Did he express a wish that he had been there sooner.

Mr. Silvester. What did he say? - Something of that kind, that he was sorry he had not come there before, I do not know that he expressed a wish, he wished me to inform him where Mr. Lane lived, upon which I supposing Mr. Lane might not be at home then, I said, Sir, if you will tell me any business you have with Mr. Lane, I will go and inform him myself.

Had he before this said where the note was? - Why Sir, he had hinted in some slight degree, that the note was at Bow Street, upon which I said, then how came you here Mr. Slack? or something like that; and he told me that his boy was detained with the note; then I thought that the boy had offered the note for payment, and not Mr. Slack himself, that was a thought that struck me; he did not tell me, he was very anxious to know where Mr. Lane was; and I told him I would go to Mr. Lane, he wished me, I believe, to go to Mr. Lane, and tell him of the circumstance, the purport of what he said was, that he wished me to go to speak to Mr. Lane, that the note had been through several persons hands, and that the man being gone to Ireland, he thought he should not be able to bring him back, and the blame would fall upon himself, he wished me to say as much to Mr. Lane, that great as

the loss was, he would put up with it; and he could not trace the persons whom he had received it from, he would rather be at the loss of the note if Mr. Bower and Mr. Lane would agree, than have any thing further said about it; in some part of the conversation I might say, pray Sir is not the man to whom you paid this 15 l. note able to trace it any more than yourself; upon which he said, no, he was not? he repeatedly requested of me that I would go to Mr. Lane's, I promised him I would, I immediately put on my hat and cloak, and went down stairs with him, and he went out, and I went to Mr. Lane's.

Did any thing happen in your way to Mr. Lane's? - As I went along Lincolns Inn Fields I believe the wind might blow, I looked back, and I was almost at the top of the fields, and I saw Mr. Slack following me, upon which I felt myself very much hurt, thinking he might know something more than he had told me, seeing him there I rather thought myself inclined to go towards the houses, I looked to see if I was right, but I was not positive till I came to Holborn, then he overtook me just by Great Turnstile, I went through Turnstile, and down the top of Chancery Lane, not through Lincolns Inn; when he came up to me, he said, madam, have you been to Mr. Lane's? I said; no Sir, I have but just left home, I believe you know that, Mr. Slack, as you have followed; he said he wished very much to know what Mr. Lane said; I told him I would let him know when I came back; upon which he was turning to go towards Lincolns Inn Fields again; but I feeling myself very much hurt, supposing he was wrong in the story he had told me, thought I would speak to him before he went, and I called after him and said, I should like to speak to you Mr. Slack, if you please, and I said, I beg your pardon Mr. Slack for my suspicion, but if you know any thing further of the business than what you tell me, for God's sake run away.

What did he say to you? - I said I can tell you thus far, that you are in the hands of men of honor, but men that though they are very good gentlemen, they will see justice done; I then said, I speak Sir as your friend, and I beg for God's sake if you know any thing of the business, fly as far as you can fly; upon which he said I beg madam, you will not alarm yourself upon my account, as it is nothing that can hurt me; and seeing me very much agitated he quite composed himself, seeing me very much agitated and hurt; I felt as if I should fall down in the street; he composed himself.

What answer did you make to that? - I said, you know best, Mr. Slack, but I speak to you as a friend; I believe there was nothing farther passed; I then went to Holborn towards Lincolns Inn, to go down Chancery Lane, and I saw him returning into the fields.

Mr. Silvester. When you paid that small bill that you owed of 3 l. 3 s. had you a bill delivered? - I had, this is the bill, these are the articles I paid for that day, the bill is 3 l. 3 s. 2 1/2 d. (Bill of parcels handed up to the court.) I never owed him any bill but that and that which you have in your hand which is 2 l. 10 s. which I paid to his brother after he was taken up.

Mr. Graham. You have for some time dealt with Mr. Slack before this happened? - Yes, between six and seven months; his shop has not been open above eight months.

Have you ever paid him before this time in paper for any thing you had of him? - Never in paper, in my life.

Are you quite clear in that? - He once changed me a ten pound bank note, that might be about three months before this happened.

You say he had sometimes sent things in that you had, to your lodgings? - Very often.

Have you lodged in Long-acre the whole time of your acquaintance with him? - I have lodged in Long-acre three years.

Was you always called by the name of Mrs. Mattingley? - Yes.

Do you positively say that? - I have been called Mrs. Mattingley rather better than seven years.

What name did you go by before you was called Mrs. Mattingley? - I was called Miss Mattingley before.

Will you give me leave to ask you, within seven years was you never called by the name of Holton? - Never.

Was you never called by the name of Scott, or Miss Scott? - Never Sir.

So that the name of Mattingley, either as Mrs. or Miss. has been the only name you have ever assumed? - It has.

Is that your real name? - It is.

Were there any persons present at the beginning of the conversation, besides yourself and the prisoner, at your lodgings? - Only the maid, I think she shut the door, and heard Mr. Slack say, you recollect the fifteen pound note you paid me; that is all she told me she heard, I did not know she heard one word, when Mr. Slack was introduced to me, she shut the door and went away.

In what way did you receive this fifteen pound note, that you say was drawn on Messrs. Gosling, in a letter, or by a porter? - I received it in a letter, which I received from Mr. Lane's clerk, it was inclosed in that letter with two ten pound bank notes.

Are you clear in your recollection that you had paid for the goods? - I paid for the first bill, with the fifteen pound note.

That you are clear about? - Yes.

Did you pay into the hands of Mr. Slack, either of the two ten pound notes? - The ten pound note I got change of him for, was three months before, I did not owe him any bill, it was to pay for some trifling articles I bought of him.

Will you say on your oath, that in all the four, or five, or six months you are speaking of, you never paid to Mr. Slack's shop any thing more? - I can take upon myself to say, that to the best of my recollection I never changed any other note, but that ten pound note.

Did you ever send any body with any papers on your account, to be paid by the hands of Mr. Slack? - I never did.

How many times might Mr. Slack send goods to your lodgings? - Many times, seven or eight times, may be more, but not less.

ELIZ. MATTINGLEY sworn.

I live with my sister in Long-acre, I remember opening the door for Mr. Slack, I was at the door.

Mr. Graham to Mrs. Melissa Mattingley. Do you know a gentleman of the name of Windham or Windus? - I do not; I have heard that my Lord Egremont's brother's name was Windham: now I recollect that Mr. Slack has changed me two 10 l. notes, I changed one of them in Long-acre, and I have the other now.

Elizabeth Mattingley . I shewed Mr. Slack up stairs, he asked for Mrs. Mattingley; he said, Madam, you remember about a month ago, paying me a 15 l. note or bill; I do not know which; I left the room, and heard no more; as he was going down stairs, I heard Mrs. Mattingley say, you may be sure I will go directly; the shop is near our house.

Were you in the habit of dealing at this shop? - Yes, I have been sent there several times.

Did they use to send from the shop to your house? - Yes, they have.

Court. Are you certain as to the sum that he mentioned of the note or bill? - Yes, I am quite certain of it.

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

Reference Number: t17880507-57

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 7th of MAY, 1788, and the following Days;

Being the FIFTH 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 V. PART IV.

LONDON:

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

MDCCLXXXVIII.

THE WHOLE PROCEEDINGS UPON THE

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

Continuation of the Trial of Joseph Slack .

Mr. Sylvester. Did Mr. Slack know you as well as your sister? - Yes, he knew I belonged to Mrs. Mattingley.

Mr. Knowys. I think you say, you are sister to the last witness? - Yes, I was just in the room when Mr. Slack came in, I shut him into the room; and went across the room and heard them words.

Did you shut the door immediately on Mr. Slack's coming in? - When I had shut Mr. Slack into the room, I went across it immediately for something, I cannot tell what; my sister came in then, and I heard those words.

It is rather a singular remembrance! how long have you lived with your sister? - Almost seven years.

I think you said you changed a 10 l. note for your sister? - Yes, Sir, the prisoner changed it for me himself; I went by my sister's desire, she gave it me on purpose to change, I did not go for any thing, but to ask Mr. Slack to change the note.

Have you gone on any other occasion, but to change the notes at Mr. Slack's? - Never.

Do you recollect whether you have ever changed any other note for your sister? - I have before, but not since Mr. Slack opened shop.

Have you changed many in the course of your living with her? - No, I may have changed three or four; I am not sure.

JOSEPH HILL sworn.

I am clerk at Sir Sampson Wright's; I remember Mr. Slack being there, I took this entry, which I have here myself from his own mouth.

Did you take it accurately from what he said? - Yes.

(Reads it.)

Mr. Graham. By whose direction did you take that down? - Sir Sampson Wright's.

He directed you then to follow the prisoner in the account he gave? - He did.

Were you sworn? - There are some alterations of the place he called himself of, this is his exact account.

Did you write it in short-hand, or at length? - At length.

Court. You took this by the desire of the magistrate? - Yes.

Was the prisoner asked to sign it? - No.

Why was he not? - Sir Sampson Wright asked him how he came by it, and what was purchased, and there are his answers.

Court. Then it was only minutes taken by you, of what passed at the time? - No.

Court. Then you cannot read it; the witness may speak from his memory, he may refresh his memory with it? - I remember the prisoner coming on Wednesday, the 23d of April; in company with Mr. Bower, to the office in Bow-Street.

Mr. Knowlys. Are you reading that piece by piece, or are you refreshing your memory with it? - I am refreshing my memory.

Court. I understand that you speak from your recollection, now assisted by the minutes which you, yourself, took at the time? - Yes.

The note, or order for payment, was produced in the presence of the prisoner, the first time I saw it lay on the table, being asked how he came by it, he said, that about ten days, or a fortnight, preceding that day, at three in the afternoon, a lady came to his shop, and purchased haberdashery and linen-drapery goods, to the amount of 40 l. and upwards, and gave him the draft of 50 l. and he gave her the change in cash; he said that he had frequently seen her before, but did not know her name, or where she lived; he said she had taken the things away in a hackney coach, but he did not know the number; she was genteelly dressed, and appeared to be about 36 years of age, she was thin, and had a comely face, and he described her dress, that she had frequently come to his shop, but always took the goods home herself, that his boy was in the shop during the whole time; and his brother came in just as he had finished, but did not see the draft; he then said that she bought a piece of Irish cloth at three and six-pence a yard, and several other articles, he said that there was no entry in any books of any thing that was sold to her, that he did not keep a cash book, but kept a day book, in which were entered those articles only that were not paid for.

Did he say whether he gave any bill of parcels with the things? - He said he did not give her a bill of parcels, but that he cast up the different sums on a piece of paper, which he gave her, that she never dealt for so high a sum before; his boy came a little while after, and I saw him go away from the office in Bow-street, with Mr. Bower.

Was the boy examined in his presence at all? - No he was not.

Mr. Graham and Mr. Knowlys the prisoner's counsel, took two objections; one, that there was a variance between the alteration of the note, as described in the indictment; and as described by Mr. Lane in his evidence; and another, that the note was not set forth in the indictment, to be feloniously altered, but falsely; which was not consistent with the act of parliament.

Mr. Silvester contended; that the word feloniously was used in the part which charges the prisoner with uttering it, and that that was the offence, for which he was indicted. These objections were over-ruled by the Court.

Court to Prisoner. Mr. Slack, your counsel can only take objections in point of law; and examine your witnesses; if you wish to state any facts to the Jury, you must do it either in word, or by writing.

Prisoner. My Lord, I have witnesses.

(The Prisoners witnesses examined apart.)

THOMAS SLACK sworn.

The prisoner is my brother; I have been some time his shopman.

How long have you lived with the prisoner? - Ever since he began business, about eleven months ago.

Do you remember in April last, any lady that was a stranger to you, coming

to your brother's shop to purchase some goods, and paying for those goods in paper? - Yes.

Do you recollect what time in April it was? - It was about the beginning of April.

Do you recollect what goods she called for? - I was not in the shop at the time she bought the goods.

Did you come into the shop, before the goods were purchased? - The goods were purchased and packed up, when I came into the shop.

Court. Speak out and speak cautiously: did you see the lady pay for those goods? - Yes, I did.

Do you recollect what she paid for the goods in, whether money or bills? - She paid a bill.

Should you know the bill, if you was to see it again? - Yes.

(The Bill going to be shewn to him.)

Court. Let him first describe it? - It was a check of Messrs. Goslings.

Do you recollect for what sum it was? - It was for 50 l.

Upon whom was it drawn? - Upon Messrs. Goslings.

Do you recollect the name of the person that drew it? - It was drawn by Mr. Bower.

Do you recollect the name of the person, to whom it was made payable? - It was made payable to Mr. Lane.

Have you ever seen the note, since the time it was paid to your brother by this Lady? - No, I have not.

Do you recollect what the amount of the goods were, that the lady bought? - I do not exactly recollect.

Can you say about how much? - It was about 40 l.

Had you ever seen that lady before? - Yes, Sir, I have seen her frequently in the shop.

Did you know her name? - No, not her name.

How was the lady paid the difference, between the note and the goods which she bought? - In cash.

Did your brother give her any cash? - he did.

Let me ask you whether it is usual in your shop, and in your manner of doing of business, when you sell goods for ready money, to make entries in your books of those goods? - No, Sir, we never do it.

Now what kind of shop is yours, as to being light, or dark? - Why, Sir, it is rather a dark shop.

Is there any particular reason for its being dark? - In having few windows, and those windows blinded up, to make the goods appear to the best advantage.

You put the goods up to the window, to expose them for sale, and it will necessarily have the effect of darkening the shop? Yes.

Was there any thing that drew your attention particularly, to what was passing between your brother and this lady, that you recollect distinctly? - There was respecting the check, she asked my brother, she took out a red pocket book, she presented it to my brother, and asked if he would take it in payment.

You remember then the circumstance of her taking out the red pocket book? - Yes.

What did she do with the draft when she took it out of her pocket book? - She laid it on the compter before my brother, he took it up and looked at it, and laid it down immediately.

Did you take it up also in your hand? - Yes, Sir, I took it up immediately, on account of her saying, would he take it in payment, I took it and looked at it myself.

Can you take upon yourself to say, it was for 50 l.? - For 50 l.

Court. You were in the shop when she took out this note, from her pocket book? - Yes.

You have seen the lady often? - Frequently, she has been in the shop.

Should you know her if you saw her again? - Yes.

Have you ever seen her since that time? - I have never seen her since that time.

How came you to take up the draft, to look at it? - The reason why I took it was, she asked my brother if he could take it in payment, that made me anxious to see it, in order to judge if it was a good one.

This lady was an entire stranger, both to you, and your brother; as to her name and where she lived? - Yes.

Have you ever had drafts of Mr. Bower's hand writing before? - Not that I recollect, my brother might have.

Then do you know how your brother came to take a note for so large a sum as 50 l. of a stranger, of a gentleman, whose hand writing he was perfectly unacquainted with? - I do not know what my brother's reason was for taking it.

Did he ask any questions who Mr. Bower was? - He asked a question or two, he asked her who Mr. Bower was; she said he was a gentleman that lived in Lincoln's-Inn.

Did not he ask her at all who she was? - No, he did not.

You looked at this, did you look at it so that you could take upon yourself to swear what sum it was for? - Yes, Sir.

Are you certain it was for 50 l? - Yes, 50 l. I swear to.

Was it 50 l. both in letters and figures? - Yes.

Are you sure of that; you say it was a check on Messrs. Gosslings, in the name of Foster Bower, payable to Mr. Lane? - Yes.

You have been eleven months in business under your brother? - Yes.

Have you ever been in business before? - No, I have been in the same business before.

How long? - Three or four years.

Have you seen many banker's checks during that time? - I cannot say that I have seen many.

You have seen bankers checks however? - Yes.

What sort of a check was this; in the first place are you sure it was a bankers check? - Yes.

You are sure of that? - Yes.

Can you describe a little what sort of check it is, before you see it, what part of it was copper-plate, and what part was writing? - I cannot say.

Therefore, now if you recollect so accurately, you have stated to me whose check it was, who it was drawn by, and who it was payable to, and that you are sure the sum was both in words and in figures 50 l. now what part of the check was in copper-plate, and what part was in writing? - I cannot say that, I perfectly recollect what I have said.

You recollect that from your view of the draft? - Yes.

Then from your view of the draft, what part of it was in copper-plate, and what part was in writing; you know bankers checks are a narrow slip of paper? - I do not think any part of it was copper-plate.

Upon what account then did you call it a banker's check? - By being drawn upon a banker.

Did you mean no more than that it was a draft on a banker? - Nothing more.

Do not you know the difference, having been so long in business; do not you know the difference between a common draft and check; do you know what a banker's check is; it is a narrow slip of paper with a correspondent part in a book, and one is cut out so as to be a check on the other? - It was a draft on common paper.

Then what did you mean by saying it was a check of Gosling's in Fleet-street? - I understood it to be the same as a check drawn.

Did you take notice to whom it was directed? - No.

Did you read the direction of it at all at the time? - On the back.

The direction of a bill is never on the back, but on the face? - It was drawn by Mr. Bower, and payable by Messrs. Gosling's.

How was it directed; how was the bill addressed? - I cannot perfectly recollect.

How do you know then that that was

to be paid by Messrs. Goslings? - That was what I took particular notice of.

Did you take particular notice of the date of the bill? - No, I did not.

Was it payable to bearer or order? - It was payable to Mr. Lane or bearer, I think, I cannot say perfectly.

Was there any indorsement upon it? - No, not any.

You are sure of that? - At that time there was no indorsement upon it.

Which of the Messrs. Goslings was it? - Mr. Gosling in Fleet-street.

Your brother knew nothing of Mr. Bower before? - I did not know any thing of him, my brother probably might.

And this lady you have never seen since? - I have not seen her since.

Has your brother taken any pains after her, to enquire after her, to find her out? - Not any.

Why has he not, when it is so material for his defence against this charge? - It would have been very material if we could have found her out.

In fact he has taken no pains at all to find her out? - Not that I know of.

What did he do with this bill after he had received it? - He put it in his pocket I believe.

This you think was about the beginning of April? - Yes.

Do you recollect how far in April? - I do not recollect.

Was it in the first, second, or third week in April? - It was either in the first or second week.

How came your brother to keep the draft so long before you carried it in for payment? - I know nothing of his cash account, he kept the cash himself.

You kept no entry for goods sold for ready money? - No, we did not.

Let the amount be to what it may? - Not any.

What means have you then of comparing your cash with your stock and with the goods sold? - By the cash we have in hand.

What check has your brother when he is absent from the shop as to what goods are sold in the shop when no entry of them appears? - There is the account of the money in the till.

Then he takes the word of the person in the shop when he is absent? - Yes.

Do you think you should know the draft if you saw it again? - Yes.

Mr. Graham. I understand you to say that the person who paid this draft to your brother, was a lady whom you had some time seen and did not know? - Yes.

Was it Mrs. Mattingley? - No.

Mr. Silvester. You knew Mrs. Mattingley perfectly well? - Yes.

Had she often dealings at your shop? - Yes.

Do you remember the note she paid at the shop? - No, I do not.

Did you never hear of any note she paid in? - I have heard of it, but never saw it.

Which way am I to understand you; have you heard of it as the note for 15 l. paid by Mrs. Mattingley? - Yes.

What is become of that note? - I do not know.

Did you never tell any body what is become of it? - No, I cannot say that I did.

Did you never say it had been paid away long ago? - I do not recollect that ever I did.

Come young man, recollect yourself a little; did not you tell somebody that as to that note, that had been paid a good while ago? - No, I do not recollect that I ever did.

Do you mean to swear that you never said that note that Mrs. Mattingley had paid in, had been in twenty different hands before the time they applied to you; did you say so? - No, Sir, I did not.

Take care what you are about, I caution you; look at these two ladies, did not you tell them, when they applied to you, and informed you of your brother's being in custody about this note; did not

you say that the note had been in twenty different hands? - No, Sir, I did not.

You hear me, you understand me? - Yes.

I do not want to entrap you, I assure you it is a painful thing for me to cross-examine you against your brother, but it is my duty; will you venture to swear that when Mrs. Mattingley come to inform you of the situation of your brother, you did not say that that note which she had paid in for 15 l. had been in the hands of twenty people? - I might, perhaps, say it had been paid away into twenty different hands, but I did not positively say that it had, for I did not know, I did not know that my brother had paid it away at that time.

Did not you inform them in the words I say, that that note had been paid away into twenty different hands by this time? - No, Sir, I did not, I said the bill might have been paid away twenty different times.

Do you know of their being at your shop? - Yes.

Do you remember their coming to inform you of your brother's situation? - Yes.

Did you tell them of this lady at the time? - I did not know anything of this note at that time.

When did you first learn about this note? - Mrs. Mattingley mentioned at this time that she paid my brother a 15 l. note, and by some means it was altered to 50 l. I said that the bill might have been paid to twenty different hands, but I did not know any thing about it, that was the word I said.

Then you did not tell them at all of this other note of this strange Lady's? - I did not know any thing at all of what my brother was taken up for.

You read the 50 l. note particularly? - I looked that over.

Was it payable to Mr. Lane, or Lane, Esq. or what? - I do not recollect particularly, it was to Lane or bearer.

But whether it was to Lane, Esq. or Mr. Lane, you do not recollect? - I do not recollect.

Now this other note of 15 l. you never saw at all? - No, I never saw that at all at no time.

Not at any time? - No.

If you was so accurate in the note, do you mean say, it was directed to any party there by the name, you know there are four partners; was it directed to them by name? - It was to Messrs. Goslings.

Was it telling where they lived? - I cannot recollect.

Was not the note directed to any particular place as Mr. Goslings residence? - I cannot recollect it was, it was Messrs. Goslings.

Are there many of that name? - I do not recollect.

What makes you so accurate in the sum, for the goods you know were all packed up before you came in? - I did not see any of the goods, they were packed up when I came in; they were on the counter when I came in, I never saw any of them, I took up the note and looked at it particularly.

Yet you cannot say to whom it was directed? - It was to Messrs. Goslings, that I recollect, but not the place of residence.

Are you sure it was not Fleet-street? - I cannot say.

How came you to mention Fleet-street, just now? - I did not know of any other Goslings but that, I had been there before, I knew Mr. Gosling, the Banker, very well, but whether this was Mr. Gosling's, Fleet-street, I cannot tell; my brother generally took his drafts himself, if I was going into the city, perhaps I might take it, I never took any of 15 l. to Mr. Goslings, never.

You do not know whether any such one was taken there? - No.

What o'clock in the day was it? - I cannot recollect the time of the day.

Was it light? - Yes, it was light, it was in the day time.

Light enough to see and look at the draft I take it? - Yes, it was light enough

to look at the draft, we had not lighted candles.

Did you examine the draft accurately? - I did not take particular notice of it only the sum, and that it was drawn on Messrs. Gosling, and I recollect, Foster Bower.

Was in full length? - Yes, it was.

Mr. Bower's name was Foster Bower , at full length? - Yes, it was, that I am sure of.

As to Mr. Lane, whether it was Lane, Esq. or Mr. Lane, you cannot be positive? - No, I cannot.

Nor are you positive whether it is to Lane or bearer, or order? - I think it was bearer, but I do not recollect.

Are you sure it was either Lane, Esq. or Mr. Lane? - It was one of the two.

Are you sure as to the christian name? - No, I am not; it was Lane, I know perfectly well.

All you are sure of was to the sum, and to the name of Foster Bower being wrote at full length? - That I am sure of.

You have not the least doubt about the sum any more than the name? - No.

Now look at that note and see whether Foster Bower is wrote at full length, (looks at it) is that the note the Lady gave? - Yes.

Is the word Foster at full length? - That is what I am looking for.

Mr. Graham. It is Fosr.

Mr. Graham. You have not seen this note, I understand you to say, from the time it was first paid into your brother's shop? - No, I had not.

Then the impression that you took up was that Foster Bower was written at full length? - I took it to be at full length.

You find you are mistaken in that particular? - Yes.

Do you know any other instance in which your brother had drafts in his hands after these drafts were payable? - Yes, Sir, I know he has frequently had drafts in his hands some time after they were payable.

Court. You are shopman to the prisoner? - Yes.

Had he any other person in the shop but you at that time, has he any other shopman? - The boy, but I do not recollect whether he was in the shop at the time.

Do you recollect whether he was or was not? - No, I do not.

What is the boy's name? - John Payne .

What age is he? - I fancy he is about nineteen or twenty.

JOHN LOCKEE sworn.

I live in Poland street.

Did you ever discount a note with the prisoner at the bar? - I never did, but I desired my servant to go and get cash at a banker's for a draft, and she went of her own accord to Mr. Slack's, it was a check on a banker, I had the check on the 7th, and I never had any intelligence of it on the 15th or 16th, I cannot recollect the month.

Who demanded that money of you afterwards? - Joseph Slack demanded the money of me.

How long after? - It was, I dare say, fourteen days, I am not sure, I know it was after the 7th of September or October, it was due directly; it was demanded fourteen days after, my friend who had given me the check, had in the interim drawn out his money, I was surprized when Mr. Slack called upon me for the money.

Court. Who was the check payable to? - It was not payable to me.

What was your friend's name? - I conceive that has no business here.

Yes, it has, if you chuse to give evidence of the transaction, you must give the whole evidence. - His name is Mr. Firth.

What is his christian name? - James Firth , simply the name of Firth.

The draft was signed James Firth ? - It was, it was made payable to me, or bearer, for 30 l.

You did not know the prisoner before? - I never saw him in my life-time.

How came he to demand the money of you? - I will tell you, after the young woman had been to receive the cash, I had no knowledge of it, I thought it came from Mr. Harrison's the banker's.

What banker was it drawn on? - Harrison.

Where? - I believe it was it was in Ludgate-street, or Mansion-house-street.

Court. Is there such a banker's?

Jury. Yes, there is, opposite the Mansion-house.

Have you ever dealt in Slack's shop? - No, the young woman told him where I lived.

How came that? - Oh, he called upon me, I told him; Mr. Slack, I am not obliged to pay this check, but as you are a young man coming to business, rather than you should lose the money, I will pay it you, and I did so; at least my friend produced the cash, and we paid the money.

Mr. Silvester. You just looked at the draft? - And the check I gave the young woman to take to the banker's.

I do not understand you? - I only tell you that I had a check of 30 l. from James Firth .

What is Mr. Firth? - Why he is a haberdasher.

Where does he live? - In Ryder's-court, I believe you will call it; I am so apt not to remember the names, but it is by Newport-street, it is Ryder's-street, or Ryder's-court, Little Newport-street, haberdasher.

Are there any dealings between you? - Yes.

He owed you 30 l.? - No, he did not.

How came he to give you a 30 l. draft? - Because I had given him a bill for 55 l. and he gave me the draft, because I wanted money immediately for furniture I had bought, he gave me a check on the banker for 30 l.; I am sorry I am obliged to expose my friend.

Then this is not the one you gave your maid? - Yes, her name is Davis.

Is she in in court? - No, I desired her to go and fetch cash for this draft, ( Mary Davis is not in court, nor in any of the galleries, she is up stairs in the housekeeper's room) I told her to go to Mr. Harrison's, I lived then in Newport-street; I told her to go to the banker's to receive the money for that check.

You told her where Harrison lived? - Why, Sir, she could read herself, it was at the top of it, Harrison, Mansion-house-street.

Instead of that she went somewhere else, and got the money? - Yes.

Then when Slack applied to you for the money, you told him you was not bound to pay it? - I told him so.

When did you give him this caution, what month? - I cannot be positive, I believe it was October, but it either was September or October.

So then, so long ago as September or October last you told him, you was not bound to pay the draft, and told him not to leave drafts? - Yes, I did.

Court. What time was it you sent for this? - It was in the morning.

How long had she lived with you? - She had lived with me five or six months.

How long was she gone? - She was not gone long, I went into Poland-street at the time.

Did she tell you when she came back, who she got the money of? - She did not tell me.

You did not ask her at all? - No, I did not, she produced me the money, and I thought she had it at the banker's.

How long might she be gone? - I was not there, I was in Poland-street at the time, she gave the money to my wife.

How long was it before you got it? - It was, I believe about two or three o'clock.

You are sure she gave it to your wife, not to you? - Yes, I am sure of that.

MARY DAVIS sworn.

You know Mr. Lockee? - Yes.

Do you remember his giving you at any time a check, or draft to get money on? - Perfectly well, I cannot recollect when it was particularly.

Was it before Christmas? - Before Christmas a long while.

Where did you take that draft? - I took it first to a relation's of mine; he asked me who it was drawn upon, I told him I did

not know; he asked me who Mr. Firth was, I told him I did not know; my not knowing who Mr. Firth was, he would not pay it; I knew the prisoner.

Did you go with that note to the prisoner? - I did.

Had you known him any time before? - I knew him when he was shopman to Mr. Thompson.

Did you ask him to give you cash for that draft or not? - I did.

Did he give you cash for it? - He did.

How did he find where you lived, or where Mr. Lockee lived? - I met him several times before that, and informed him where I lived; he told me me he was going into business, and I gave some of his cards about.

Mr. Silvester. Did Mr. Slack know what business you was in? - Yes, at that time I lived with Mr. Lockee; I worked with Mrs. Lockee.

Then you was not a servant to Mrs. Lockee at all? - No.

What did Lockee say to you when he gave you the note? - Mr. Lockee came up stairs, and desired I would get cash for it as soon as possible.

Did he desire you to go to the bankers? - No, he said not to go to the bankers, for that would take up too long a time; I asked Mr. Slack, if he would be so kind to change that note for me, to give me the cash for it, and he took the note.

Did you know who it was drawn upon? - No, Sir; I really don't know; I told him it was for Mr. Lockee; Mr. Slack knew I was at Mr. Lockee's, that was all he knew of Mr. Lockee; he knew me.

As to Mr. Firth, you did not know who he was? - No, Sir.

How came you to pick out Mr. Slack to get this note changed? - I thought him a man in business, and likely to have the cash.

Did not you lay out a single farthing with him then? - No, he changed it merely to oblige me.

Lockee lived in Newport-street then? - - He moved to Poland-street, a very short time after: he moved at Michaelmas; I left them; I did not put my name upon it; I know it was signed, James Firth ; he drew the note payable to John Lockee , but who was to pay it, I cannot tell.

Court. Were you long gone? No, a very short time.

Can you read and write? - I can both.

Did Mr. Lockee complain of your having staid so long? - No, Sir, he did not; he thought I had made exceeding great haste.

What made him in such haste for the money? - The house that he took, the gentleman that was leaving it was going to sell some of his goods, and the auctioneer was to be there at a set hour, and Mr. Locke thought he would be waiting for him; he told me he wanted to get it before he went to Poland-street.

Then you did not wait till he was out of patience, and went without the money? - No, Sir.

You got in time to give it him before he went to Poland-street? - Yes I did.

Was Mrs. Lockee at home, or was she gone to Poland-street - She was at home.

Did she see you give him the money? - Yes.

You are sure of that? - Yes.

She was at home? - Yes.

Upon your oath, are you sure that both Mr. and Mrs. Lockee were at home when you brought back the money? - Yes.

You are sure they were both at home? - Yes.

Who opened the door to you when you came back? - The little daughter; I am not quite sure, whether Mr. Lockee was not gone, and Mrs. Lockee waited for the money; I am not quite confident.

Why you told me, that when you came back, he told you, you had made great haste? - Now I recollect myself; it was Mrs. Lockee told me I had made great haste; but I fancy Mr. Lockee, I think to the best of my remembrance, was gone.

Was not Mr. Lockee very angry with

you when your came home? - No, I do not recollect his saying any thing to me about stopping; I think he was gone.

Was he, or was he not gone, which will you stick to, for you have sworn both ways? - Upon my word I cannot positively say which, but I think he was gone; he came home to dinner, which I think was about one o'clock; Mrs. Lockee went after him with the money.

How came you to tell me just now, that he told you when you came back, you had made great haste? - It was Mrs. Lockee that told me so; a mistake will happen sometimes.

How came you to swear that you got back in time to give him the money before he went out? - I did not recollect he was gone, but I recollect Mrs. Lockee telling me I had made great haste.

Mr. Slack gave you the cash for the note very readily? - Yes.

Never asked you any questions about it at all? - No, he did not.

(The Prisoner was ordered a chair by the Court.)

JONATHAN BUNTING sworn.

I live in Cushion-court, Old Broad-street; I am a clerk to a woollen-draper.

Did you at any time discount a bill with the prisoner? - No, never.

Did you ever go with him on the subject of some bills? - I saw a bill which he discounted for a person once; the prisoner told me he had discounted it; I went with the prisoner for a bill; I saw the prisoner present it for payment; it was over-due two days to the best of my recollection; I saw the bill; I have known the prisoner I suppose better than ten years; I was bred up with him from a boy.

How old is he? - I do not know upon my word, about twenty-one to the best of my recollection.

And in the time you have known him these for ten years past, did you ever hear any thing unfavourable of his character? - No, Sir, never.

On the contrary, what character did he bear? - A very good character.

FRANCIS THOMPSON sworn.

Do you know of your own knowledge of any bills or notes that have been discounted lately by the prisoner? - No, I do not; the prisoner was clerk to me for about a year and half; I am a haberdasher; he was not in my business, he was clerk to me.

Was it in the course of your dealings to make any entries of such goods as you sold for ready money? - Oh dear! no; it is impossible; it is too trifling; we never book any thing we sell for ready money. I never knew the prisoner before he came to live with me; he was with me as a clerk; he managed my books, and he likewise took the charge of the money; he has had the receiving of all my money at times, and more especially when I was out of the way; I had another person, a shopman, that was a check upon him; I never found any thing wrong in him; I had a very good character of him; he might have done me a great deal of mischief, for he had it entirely in his power; he had a banker's check book lately; I have 350 l. of his in my hands at present; I have it in money, and two bills on demand, which bill I reckon as good as money.

Court. When was that placed in your hands, and for what purpose? - It was placed in my hands, I believe, for the purpose of satisfying his creditors; he is in debt considerably, though he has effects sufficient.

He was not embarrassed at all in his circumstances? - Of course, being in trede, he must become indebted to a set of creditors, but he has property on the premises in money and goods, to a considerable amount.

My meaning of the English word, embarrassed; I mean, when whether they have effects or property or not, they have more debt, than they can immediately pay, and are obliged to give security to their creditors, by making a deposit in the hands

of another person? - Clearly, in that case, this sum of money was put in my hands, in trust for his creditors.

Was that sum of money put into your hands since this prosecution was commenced? - Yes, it was; there was nothing put into my hands before then.

Mr. FENWICK sworn.

The prisoner was committed to me the 22d of last month, in the evening.

Can you give any account of his property that you have come to the knowledge of since that circumstance? - Yes; about eight in the evening, my maid servant came into my garden, and told me, my turnkey wanted me; I went into the kitchen where he was; he told me, (he is here present) that he had property of Mr. Slack's.

- BRINE sworn.

Do you remember giving to your master any property, any effects belonging to the prisoner? - Yes, the night I received him into custody, the 24th of April, to the amount of 373 l.

Where is that now? - My master I believe gave it to Mr Slack.

Mr. Thompson. This money was deposited in my hands only one day last week.

Court to Mr. Fenwick. What did you do with it? - He was committed on the 23d, on the morning I had it, I returned it to the prisoner at the bar; there were forty five guineas in cash and the remainder in bills.

The prisoner also called Francis Henderson , baker; Snowden, linen-draper; John Clare , linen-draper; Richard Tinkler , mercer; Peter Oliver, linen-draper; Gatfield, hatter; Pilgrim, lace-merchant; George Coleman , ribband-weaver; George Bell , publican; Alexander Sykes and Richard Thompson , haberdashers; Mason, gauze-weaver; and another; who all gave him an extraordinary good character.

Court. You cannot carry character further.

Mr. Graham. We have many more.

Court. Call John Payne .

Mr. Graham. He was not present.

The Jury retired for above an hour, and returned with a verdict,

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17880507-58

387. BURTON WRIGHT was indicted for stealing, on the 19th of April last, one piece of silver wire, value 2 s. the property of Henry Chawner .

WENDELBOW sworn.

I work for Mr. Chawner; the prisoner worked in the same house, though not in the same shop; the wire mentioned in the indictment, was delivered to me to manufacture, on the 19th of April; I put it in my box, and having occasion to go out of the shop, on my return I missed it; when I saw it at Guildhall it was very much bent; I think it was bent a little before; I did not see the prisoner take it.

Prisoner. How many pieces of wire were there in your box? - There was another beside that.

Prisoner. How many in the whole? - Two, the other that was left was stronger and longer.

WILLIAM CROW sworn.

I work for Mr. Chawner in the same shop with the last witness; there is a convenience to make water at the end of the shop; the prisoner came in under that pretence, and put his hand into Wendelbow's box and took out the wire, which he bent and put into his pocket, so that it might not be seen; I went up to him and interrogated him, on which he put it in the box again; I collared him and carried him to my master; and took the wire out of the box to shew to him.

Prisoner. Why did not you stop me

when you saw me put it in my pocket? - Because you did not give me time.

JOHN OWEN sworn.

I work with the last witness for the prosecutor; I saw Crow speaking to him, and saw the prisoner return to Wendelbow's box and put the wire back; I afterwards saw Crow take the wire, and collar the prisoner, and carry him before my master.

HENRY CHAWNER sworn.

Crow brought the wire to me; I delivered the prisoner in charge to the constable, and left the wire in the constable's possession; it has the appearance of being drawn in a plate; that is my property; it is unfinished wire, and given to Wendelbow to work in a tureen.

Prisoner. Is it your silver or the workman's you deliver it to; whether upon a deficiency the workmen is not answerable to you? - It is my property; I weigh it to the men, and expect a proper return.

THOMAS WARREN sworn.

I am a constable; the wire was delivered to me, and it is in the same state now, as it was when I first saw it.

Prisoner. My Lord; it is very false; Crow never saw me take the wire; I never touched it; there is a reward which is paid by subscription by the masters for prosecutions of this kind; Crow has swore falsely to get the reward.

Court to Crow. Do you know of such reward? - Yes, but I never expect any, nor never mean to take any.

NOT GUILTY .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17880507-59

388. THOMAS MURPHY was indicted for stealing, one blue coat with fourteen Queen Ann shillings, being shanked for buttons on the said coat, value 20 s. and one pair of breeches, value 2 s. the property of Peter Bryan .

PETER BRYAN sworn.

I am a chimney sweeper ; the prisoner was my servant ; I live in Cross-court, Cow-lane; on Sunday last was a fortnight I lost the things in the indictment; I did not see the prisoner take them.

THOMAS DAVIS sworn.

I am a constable; I live in Houndsditch; on the 20th of April, Sunday in the evening, I was standing at my door, and seeing the prisoner pass by with a bundle under his arm, I asked him what he had got, he said some things to sell; I took the bundle and opened it, and found these pair of breeches, and a coat without buttons; I then began to question him, and he shewed me only one of the buttons; on which I searched him, and found thirteen more all shanked Queen Ann shillings; he did not tell me where he had taken them from, or how he came by them; I advertised them the next day and the prosecutor Peter Bryan owned them.

ANN BRYAN sworn.

I am the wife of the prosecutor; (Coat, buttons; and breeches produced;) they are my husband's property.

PRISONER's DEFENCE.

I picked them up, and as I thought they would be of no use to me, I was going to sell them; I did not know that they was my master's.

GUILTY ,

Transported .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17880507-60

389. WILLIAM PERRY was indicted for stealing on the 11th of April last, a cloth box coat, value 6 s. the goods of Francis Shuldham .

NOT GUILTY .

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

Reference Number: t17880507-61

390. ELIZABETH ROE was indicted for stealing, on the 5th of April last, a cotton gown, value 9 s. the property of David Portinhiber .

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17880507-62

391. GEORGE THOMPSON was indicted for stealing, on the 22d of April last, a silk cloak, value 10 s. the property of John Ast .

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

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880507-63

392. NICHOLAS MURRAY was indicted for burglariously breaking and entering the dwelling-house of Edward Slater , about nine in the night, on the 4th of April , and burglariously stealing four firkins of butter, value 4 l. the property of John Philips .

There being no evidence, the prisoner was ACQUITTED .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880507-64

393. GEORGE ANDERSON was indicted for burglariously breaking and entering the dwelling-house of John Smith , about the hour of eleven in the night, on the 19th of April last, and stealing, a feather-bed, value 40 s. five sheets, value 20 s. two bed quilts, value 9 s. a gown, value 20 s. three shifts, value 5 s. a shawl, value 2 s. a half ditto, value 1 s. a handkerchief, value 18 d. a muslin ditto, value 18 d. an apron, value 2 s. two cotton handkerchiefs, value 2 s. nine shirts, value 20 s. a man's hat, value 2 s. a gown, value 2 s. an old coat, and a tea-chest, value 3 s. a looking-glass, value 1 s. two candlesticks, value 4 s. a pair of leather breeches, value 2 s. a table-cloth, value 5 s. eleven towels, value 8 d. three diaper napkins, value 3 s. a guinea and half a crown, the property of Richard Whealand , in the same dwelling-house .

And RUTH MILLING was indicted for feloniously receiving the said goods, knowing them to be stolen, against the statute .

There being no evidence but that of an accomplice, the prisoners were both ACQUITTED .

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

Reference Number: t17880507-65

394. DIANA JOHNSON and MARY NICHOLSON were indicted for stealing, on the 17th of April last, six guineas and two half guineas , the property of John Daly .

NOT GUILTY .

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

Reference Number: t17880507-66

395. THOMAS HILLARY was indicted for stealing on the 5th of May , forty pounds weight of lead, value 5 s. the property of William Godfrey , Esq.

NOT GUILTY .

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

Reference Number: t17880507-67

396. ROBERT VALDEN , was indicted for stealing on the 6th of May , one blunderbuss, value 15 s. the property of John Wright .

NOT GUILTY .

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

Reference Number: t17880507-68

397 JOHN MACKINTOSH alias JOHN KIRBY was indicted, for stealing on the 8th of April , one pair of leather shoes, value 4 s. the property of William Thompson . The prisoner was found with the property upon him.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17880507-69

398 FELIX CONNER was indicted, for stealing a variety of things ; the property of William Young , Esq.

NOT GUILTY .

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

Reference Number: t17880507-70

399 THOMAS CONNOLLY was indicted for stealing on the 5th of April , seventy pound weight of lead, value 12 s. belonging to Joseph Key , affixed to a certain gutter of his, against the statute .

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17880507-71

400 WILLIAM LEE was indicted for stealing on the 4th of April , a quantity of iron, value 1 s. 6 d. the property of Edmund Rawlinson .

GUILTY .

Whipped and discharged.

Tried by the London Jury before Mr. ROSE.

Reference Number: t17880507-72

401 NICHOLAS WATERS was indicted for stealing a silver watch, value 40 s. a steel chain value 6 d. and a metal seal, value 1 d. the property of Zachariah Harriott .

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17880507-73

402. ANN ALLEN was indicted for attempting to put off a bad shilling .

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: s17880507-1

The Session being ended, the Court proceeded to pass Sentence as follows:

Received Sentence of Death, 11, viz.

George Dunstan, Michael Hoy , Sarah Mills , William Mascall , John Wood , John Cobcroft , William Fubb, otherwise Fielder, otherwise Jack the Gardener, James Wilkinson , Mary Hook , and Jeremiah Grace , and Margaret Sullivan (to be burnt.)

To be transported for Fourteen Years 1, viz.

Elizabeth Sully .

To be transported for Seven Years 33, viz.

James Jones , Thomas Harper , Henry Powell , William Noble , William Floyd , Mary Anderson , William Baker , Thomas Bates, George Fletcher , Richard Ling , William Durnford , Catherine Hounsom , Sarah House, Elizabeth Jones , David Kincaird, William Macdonald , James Thomas , Mary Bateman , Charles Thompson , otherwise Gosling, Thomas Barnard , Thomas Riley , John Bruce, Henry Fonseca , John Gray , John Jones , John O'Hara, Thomas Murphy , David Hanchard , Thomas Jones , Richard Wade, George King , William Parsons , John M'Intosh.

To be imprisoned twelve months, 1, viz.

Thomas Coe .

To be Imprisoned six months 3, viz.

Francis Malling , Catherine Brown , Harriot Donkley.

To be whipped, 2, viz.

John Stone , William James .


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