Old Bailey Proceedings, 10th September 1788.
Reference Number: 17880910
Reference Number: f17880910-1

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 10th of SEPTEMBER, 1788, and the following Days;

Being the SEVENTH 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 VII. PART I.

LONDON:

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

MDCCLXXXVIII.

THE WHOLE PROCEEDINGS UPON THE

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

BEFORE the Right Honourable JOHN BURNELL , LORD MAYOR of the City of London; the Honourable Sir HENRY GOULD , one of the Justices of his Majesty's Court of Common Pleas; the Honourable Sir BEAUMONT HOTHAM , one of the Barons of his Majesty's Court of Exchequer; the Honourable Sir NASH GROSE , one of the Justices of his Majesty's Court of King's Bench; JAMES ADAIR , Serjeant at Law, Recorder of the said City; JOHN WILLIAM ROSE , Esq; and others his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Gaol Delivery of Newgate, holden for the said City and County of Middlesex.

London Jury.

John Blakesley

Philip Barber

Robert Findlay

William Evett

John Tugwell

James Percival

William Jarvis

George Coleman

Charles Roberts

Richard Powell

William Bayley

James Sutton .

First Middlesex Jury.

Francis Jones

Thomas Lyme

George Michell

Simon Leife

Robert Faulder

Joshua Owen

George Martin

Francis Waters

Thomas Vaughan

William Selby

Thomas Sherlock

Charles Chowles .

Second Middlesex Jury.

George Smart

Samuel Hayes

Francis Carbery

Frederick Besk

John Cunningham

Thomas Weaver

Charles Ballard

John Ogilvie *

* Robert Birchall served sometime in the room of John Ogilvie .

William Booth

George Gow

Charles Logan

Robert Fagg .

Reference Number: t17880910-1

497. JOHN THOMAS (a Black ) was indicted for burglariously and feloniously breaking and entering the dwelling-house of George Ashton , about the hour of one in the night, on the first day of September instant, and burglariously stealing therein two brass cocks, value 1 s. his property.

A second Count. For burglariously breaking and entering the said dwelling-house on the same day, with intent to steal his goods.

GEORGE ASHTON sworn.

I keep a public house at Saltpetre Bank ; on the first of September I went to bed at twelve, and was alarmed between one and two that my house was all open; I fastened my house myself; I got up immediately; my doors were wide open, and my liquors all running about; I then made to my street door to see where they got in; I found nobody there; I observed they had broke the cellar window; I went down into the cellar and there was a board laid over; in my fright I did not observe whether it was undone or not; I lost two brass cocks, they were never found again; in the cellar I saw the prisoner lay all along; he was not drunk; I called to my wife to bring me down a blunderbuss; I saw him and another man; he got up and begged for mercy and surrendered himself, the other man made his escape; he was searched at the watch-house, but nothing was found upon him; the brass cocks were in my casks at night, they were fastened to the leather pipes; they had opened the till in the bar, but there was no money there.

THOMAS PENTELOW sworn.

I am a watchman; I took charge of the prisoner; I found him within a yard of the bar when the cellar door was broke open.

PRISONER's DEFENCE.

Gentlemen; this gentleman's is a house that I have used for many years; every time I go to sea, when I come home when I can get work, that gentleman and his wife they get my money till I spend it; I have got myself in liquor many and many a night, and they have trusted me to lay in the house many a night; that night I was very much in liquor, there were three of my shipmates and me drinking all the afternoon in the house till one o'clock; my money was all gone, and the gentleman lent me half a pint of gin on my handkerchief; and there is a passage to go through into the alley and I fell down into the cellar, and my shipmate went back to tell the gentleman and his wife that I was down in the cellar, and in the morning the master said that my shipmate did tell him so.

Court to Prosecutor. Was he drunk when you found him in the cellar? - He was not to say drunk.

Court to Pentelow. What do you say? - He was not drunk.

Prosecutor. He had been drinking an hour or two at our house.

GUILTY , Death .

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

Reference Number: t17880910-2

498. JOHN DANCER was indicted for feloniously breaking and entering the dwelling-house of Daniel Dancer , about the hour of eleven in the forenoon, on the 9th day of June last, no person being therein, and feloniously stealing therein a silver tankard, value 6 l. a tin cannister, value 6 d. a base-metal snuff-box, value 12 d. and ten guineas, his property; and one Goldsmith's note for payment of money, purporting to be a receipt signed by and under the hand of Charles Ray , for Messrs. Hoare and Co. dated the 30th of March, 1787, for the sum of 325 l. to account for on demand, the said Goldsmith's note for payment of money being the property of the said Daniel Dancer , and the sum of money thereon secured then due to him .

(The Case opened by Mr. Knowlys.)

DANIEL DANCER sworn.

I am a farmer at Harrow-Weald-Common ; I know the prisoner, he was about my house and place and would not go to

work; about five days he was doing nothing, and I recommended him to go to work somewhere else, for I was not in business; I employed him to work after that, one day, that was on the Friday, and on Saturday he worked with me also, that was the 7th of June; he came on the Monday into the field, and staid about only for a little job; he said he was so bad he could not work, I bid him lay down under the hedge in the field which joins to the yard; he lopsed about in that way; I did not think of his breaking into my house; I left my house about ten on the Monday, nobody was in it when I left it; the house was locked, there were several doors, I am perfectly sure that I locked them; when I left the house I saw that the prisoner was in the field near the house and in the yard; I returned to my house about twelve at noon, and two of the doors were open that I had locked; I cannot tell how they were opened, one was fastened within side, there was no force appeared upon them, I thought they had been opened by a turnkey; I missed a silver tankard, value 6 l. I also missed a pacquet with several writings in it, which I had laid on a chair covered with a parcel of rags; I had been at London on the Friday; I had not seen it from the Saturday morning, when I laid it out of my pocket; nobody went into my room but myself; It was in my bedroom; I constanly kept my bed-room locked, and no other woman to attend it but myself; I am sure I had locked it that Monday; I also lost a snuff-box out of my bed-room which lay at top of another bed; the tankard was in the bed-room likewise, nobody but myself slept in the bed-room; I lost also a tin cannister that was taken from my bed-room also, I saw it there the day before; there are a great deal of other things lost that I cannot mention; If I was to count the value 50 l. would not make it up; there were some 3 l. 12 s. pieces that were not mentioned, there were some guineas in a little white stocking foot, they were rather light; I lost a note from a banker's; I had been at London on the Friday to settle things at the Commons, and I had taken all my papers in my pocket; when I came into the room I found the rags and pacquet were all gone together; he was taken up almost three weeks afterwards.

Court. Whose house is this? - The house belongs to me, and is mine, nobody lived in it besides me.

JOHN TROTT sworn.

I know the prisoner; he sent for me up to Pigs Lane, by Uxbridge, on the 9th June, about eight in the evening, that is about eight miles from Harrow-Weald; the prisoner was tossing up for pies, and and he said he had found such a property he did not know what they were; he said he thought they were bank-notes; I saw them tied up and read them, it was brown paper like a book; after that he asked where William Lee was; I know Lee; the prisoner desired me to see for Lee that he might look them over; he thought Lee might know better than I did; when Lee came he told him the same as I did, that they were of no use to any person except the person they belonged to, and if he had done any thing amiss to return them again; if he had robbed any man of them I desired him to return them; he said he had not, and Lee told him the same; after that we delivered them to him again; I should know them again; after that we left him at some distance, he whipped over a gate, and I had some suspicion he had hid these writings; he was not gone over the gate five minutes; I saw him again after that, and was drinking with him after that, and I asked him if he had them writings about him; he said no, he had not; I asked him what he had done with them, and I and William Lee and one Mr. Kibbol, who was the landlord of the house, went to search for them; we went up to Pigs-lane, and got over the same gate he got over, I am sure it was the same gate and the same lane; we could not find any thing at that time; this first search was on the 9th of June; I went again the next

morning and could not find them; I went again the third time, the same day, and then I found them; they were not under the rick, they lay just on the stands hardly covered over with straw, that the people had been cutting; they were wet; no one was with me when I found them; I went and carried them down to Mr. Lee Mr. Kibbol, and they saw them, they were in the parcel then, and they were looked over by Kibbol and Lee; I delivered them up to Captain Holmes and Mr. Dancer before the Magistrate at Uxbridge; the next time I saw him was at Kibbol's; Kibbol came and told me the same person was there again.

Court. What parish is Daniel Dancer 's house in? - Harrow; I never saw the prisoner searched till he was brought up to Bow-street; he delivered us some writings to look at; he could not write or read.

WILLIAM LEE sworn.

On the 9th of last June, between seven and eight in the evening, the prisoner sent for me to Pigs-lane; I know him perfectly well; I carried him some beer in a bottle; John Trott and me were together; the prisoner said he had some property; I asked what it was, he said, he thought it was bank notes; he pulled them out of his pocket; they were tied up with a bit of whipcord, in a book made up of brown paper; then I examined them, and told him they were of no use to any other person but the proprietor whose they were; he said he thought they had been bank notes; and I desired him to return them to the man whom he had them from; after we had drank the beer we all came down Pig-lane; and he leaped over this gate; I saw him get over; he was absent about four or five minutes; he then overtook us; and drank with us at the Plume of Feathers that same evening; the landlord's name is John Kibbol ; nothing else passed only about these writings; I asked him what he had done with them; and he said he had been and hid them; Trott found them the next day; and I went with him and Kibbol between nine and ten the same night, but we found nothing; I took him up the 12th of last August; I found nothing upon him.

Did he say any thing at all? - Yes, he d - d and swore a good deal, but it was to no purpose.

Court. Were the papers delivered to you? - No, I saw them after they were found, but I never had them in my possession; I saw them before the justice; I should know them again.

ELIZABETH KIBBOL sworn.

I live at the Plume of Feathers at Uxbridge; I am the wife of Mr. Kibbol the landlord; I know the prisoner; I know nothing against him any otherwise than he gave me a tea-cannister; I delivered it up to Mr. Trott and Lee; I cannot particularly say when it was he gave it me; William Lee was in company with him.

Lee. It was the same evening; I was in company with him, and saw him give it her.

Should you know that cannister again? - Yes.

Was it marked at all? - Not that I know of.

(The cannister produced and deposed to by this witness.)

To Lee. Look at that cannister? - This is the same; I know it is, because the prisoner took a knife out of his pocket and scratched out a mark here; here is the place where he scratched out the mark; I know it by the scratch; I delivered the cannister to Daniel Dancer .

Prosecutor. I know this to be my cannister.

What is the value of it? - We put but sixpence upon it, but I should have put a shilling.

CAPTAIN JAMES HOLMES sworn.

I live in the New-Road, St Georges; I have seen the prisoner before; I saw him the day before he went to work for Mr.

Dancer, and on the day he was a work; I was present when he was brought before the magistrate; I did not take any particular notice of what passed; I only went to Mr. Dancer as a friend; the prisoner was not searched; the papers were produced by Trott and Lee; the prisoner was not present; then he was not then taken; the papers that were then produced, have been in my possession ever since, until they went to Bow-street, then the seal was broke, and they were all examined; I was at Bow-street, and they were delivered to me there; (produced.) these are the papers, and this box was delivered to me at the same time by John Trott.

Trott. These are the papers; here is the note of Hoare's the banker's; they are the same papers.

Prosecutor. They are mine.

Court to Trott. Where did you get that box? - From the prisoner.

Court. Read the accountable receipt.

(Read.)

"Received, 30th of March 1787, of

"Mr. Daniel Dancer , 325 l. to account

"for on demand, for Sir Richard Hoare ,

"Bart. and Messrs. Hoares.

" Charles Ray , 325 l."

Prosecutor. This is my box.

PRISONER's DEFENCE.

I picked up these things on Pinner Common; and this man that I gave them to kept them as much as eight or nine weeks, and I heard there was a noise about them, and I went and resigned myself up to justice; I have nobody to my character.

Guilty of stealing to the amount of 5 l. and upwards . Death .

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

Reference Number: t17880910-3

499. JOHN CRAWFORD was indicted for burglariously breaking and entering the dwelling-house of Francis Byas , about the hour of ten in the night, of the 8th of July last, with a felonious intent, his goods, chattels, and monies therein, being burglariously and feloniously to steal .

FRANCIS BYAS sworn.

I live in Ten-foot-way , the bottom of Nightingale-lane ; I am a carpenter ; my house was broke open the 8th of July, about eleven I found my house with the sash thrown quite up; there were people in the house; I went out at eight and left my bed made and sash down; I shut my door; my son and me went together; we returned just at eleven; and my bed-room window was open; my son stood with his face at the window; the people let me in; I heard my son call out, here is a man jumped out of the window; I have caught him; and the bed-clothes were all gathered up of a heap, but not tied up; I went down into the street, and saw my son have hold of that chap that stands at the bar; it was pretty light at this time; and there were eight or ten people came with candles.

EDWARD BYAS sworn.

I came home with my father.

Was it dark? - No, it was middling light according to the time of year; when we came home it was just eleven; the window was open; my father said, you stop; I stopped looking in at the window, which is six feet high from the ground; my father knocked at the door; the people up stairs let him in; and the prisoner jumped out; I jumped right under him, and caught him round the middle; I never let him go till I took him to the watch-house.

Prisoner. Were there any more people coming past at the time he laid hold of me? - None at all that I saw; he said to me when I caught him, why did not you

lay hold of that man up the alley; I said, you rogue, why should I lay hold of any body but you that I saw.

Court. Did you see him actually jump out of the window? - I did sir; he resisted very much; and when the mob came up he went down on his knees to ask pardon.

PETER MAYNE sworn.

The day after this prisoner was fully committed for trial, by means of some instrument he made his escape from the lock-up room in East-Smithfield, and the Friday fortnight following I apprehended him by St. George's Church in the Borough.

PRISONER's DEFENCE.

When I was coming along, this man laid hold of me and took all the money out of my pocket, and when he returned it he gave me four bad shillinge instead of mine; I gave my mother the money, and she went to change the money and she was stopt with it.

GUILTY , Death .

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

Reference Number: t17880910-4

500. WILLIAM JOHNSON was indicted for burglariously breaking and entering the dwelling-house of Margaret Allen , widow , about the hour of one in the night of the 15th of July last, and burglariously stealing therein eleven live tame geese, value 44 s. and one live tame duck, value 1 s. 6 d. two linen chimney-cloths, value 6 s. a hair brush, value 2 d. and an iron scraper, value 2 d. a wooden shovel, value 2 d. and two hempen sacks, value 2 s. her property.

MARGARET ALLEN sworn.

I am a chimney-sweeper , I live on Hampstead Heath. On the 15th of July my house was broke open; I went to bed about eleven, and was the last of my family that was up; I lock'd my geese and ducks up, and got up about five in the morning, and found the doors where my geese were, were broke open; my geese were kept adjoining to the house, under the same roof; I went round to that part of my house, but where he broke into the dwelling-house, is a passage that I made to go in case it rains where the tools are.

So that you can get into one part of your dwelling-house into the place where the tools and ducks were taken from, without going out of doors? - Yes.

Were the geese kept in the same place? - No, at the other end of the house.

Were you obliged to go out of your house to get to the place where the geese were kept? - Yes.

But not where the tools and the ducks are kept? - No; I observed the door broke open where the geese were kept, and found the blood and all the geese gone; I went to look for a tool, and I found them gone, and the passage door open that came into my house, the door was broke open where the tools are kept; the tools were chimney-cloths, sacks, scrapers, shovels, and brushes, and I missed a duck from the place where the tools were.

Had you seen these things the night before? - I lock'd them all up my own self; I never found any of them at all.

What makes you suspect the prisoner? - Because I saw him at Hampstead, and they were found upon him; I never knew the prisoner before.

THOMAS ISAAC sworn.

On the 16th in the morning, the prosecutor came to our office to apply for a warrant to search one Gough's house; we went there, and found nothing; the man said, you are very welcome to search my house; a boy who is here, that is servant to some of them, gave information; and Gough said to the boy, here has been a fine pice of work about some geese again; master, says the boy, there has been a fine piece of work at Johnson's room; me and two more officers went there, and found one goose.

Was Johnson in the room? - No; but

we took him at the bottom of the court; he lodged in a house in a little court, by a place they call the Wooden World; it is in Golden Lane; we found there a goose and these chimney-cloths, and these sacks.

Did you shew the prisoner these things that you had found? - Not directly; but soon after I did; I went to Hampstead the next morning, to fetch the prosecutrix, and she came and swore to all these things.

Were the geese warm? - No.

Prisoner. You say you found these things on my premises, do not you? - Yes.

Prisoner. They were in Tucker's premises, I do not lodge with him.

WILLIAM BRACKNEY sworn.

I know nothing further than Isaacs has told you; I found the goose concealed in a closet, in a piece of paper, and the cloths in a room.

WILLIAM WATTS sworn.

I know no further than I know my mistresses cloths. (Cloths produced and deposed to.) - I know it by three patches; one on the side, and one almost in the middle, and here is the other.

EDWARD WALKER sworn.

I am thirteen; I know the prisoner; he used to lodge with Mr. Tucker.

Had Tucker and he a room between them, or each a separate room? - I do not know whether he pays as well as Tucker, he used to lay with me; Mr. and Mrs. Tucker, Johnson and me slept in the same room.

Was the cloths and goose found in the same room that you slept in? - Yes; they were not there when I got up in the morning; the prisoner desired me to fetch his mother, and tell her she was wanted.

Did Mr. and Mrs. Tucker sleep at home that night? - No.

Did Johnson sleep at home that night? - No.

Do you know whether they went out together? - No.

When did they come back? - Before I went out.

Who came back? - Tucker and Johnson.

What did they bring with them? - I saw nothing that they brought with them in the morning.

Court to prosecutor. Did you see the goose that was found in the room? - No.

PRISONER's DEFENCE.

I have as much to say as this; they cannot say as how they saw me with any of these things; I never was nigh the place, nor saw any of this property, any further than that I am apt every now and then to drink with this Tucker when he is at home.

Court to Isaacs. Did you charge the prisoner with having any of these things? - Yes.

What did he say? - He did not make any particular answer; he said he knew nothing about them; but this lad will tell you what he told before the magistrate, that Johnson should ask him which way he should get into this woman's house.

Court to Walker. Had you any conversation with Johnson the prisoner that afternoon, or any time before? - Mr. Tucker asked me how the place was fastened? I told him like other places.

Who was with Tucker when he asked you? - Mr. Johnson, and another young fellow.

When was that? - On the Sunday before.

Court. On what day of the week was the robbery, prosecutor? - On the Monday night.

Court to Walker. Did you work for Mrs. Allen? - I have.

What did Johnson say upon this? - He did not say any thing.

Where did this conversation pass between you? - In Mr. Tucker's room.

GUILTY , Death .

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

Reference Number: t17880910-5

501. JOHN DARBY was indicted for burglariously breaking and entering the dwelling-house of Mary Allen , about the hour of one in the night, of the 13th of July , with a felonious intent, her goods and chattels to steal .

A second Count. For that he being in the same dwelling-house with a felonious intent, afterwards about the hour of one in the night, the dwelling burglariously did break to get out of the same.

The witnesses not appearing, except the prosecutrix, the prisoner was ACQUITTED .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880910-6

502. MARY GITTOS was indicted for feloniously breaking and entering the dwelling-house of Abraham Robinson , between the hours of three and four in the afternoon of the 20th of August , and stealing therein, two white linen aprons, value 1 s. 6 d. a check apron, value 12 d. a brown camblet gown, value 3 s. two coloured linen handkerchiefs, value 2 s. a shift, value 3 s. a stuff gown, value 3 s. a linen bed-gown, value 3 s. a stuff petticoat, value 3 s. and twenty-four halfpence , the property of Elizabeth Griffin .

ELIZABETH GRIFFIN sworn.

I live in the house of Abe Robinson, in St. John's, Westminster ; I lost the things mentioned in the indictment on the 20th of August last; I left them in my apartment about half after three in the afternoon; my room-door was broke open and my box was broke open, and these things found on the back of the prisoner; I came home about a quarter after eight at night, on the 19th; a neighbour came to ask me if I would let the prisoner sleep with me all night; I said I would not, but my neighbour let her be in her apartment; I had not missed any of my things at that time; the next morning I went out about eleven, and locked my room-door and box, the things were there then; about half after three I was informed my room-door was open; I came home directly and missed my things, my room-door was broke open, and the staple was broke out.

MARGARET ELLIS sworn.

I am neighbour to Mrs. Griffin; I went out with her about eleven on the 20th of August, and on my return, about three, her door was open, and I went to let her know the prisoner was not there; my room was open.

JOHN TAYLOR sworn.

I am a constable.

(Produces the things which the prosecutor took off the prisoner's back, and valued at one guinea.)

PRISONER's DEFENCE.

These things were given to me.

Court to Jury. As this indictment is laid, it is not a capital offence, for it does not say whether any person was in the house or not.

Guilty of stealing the things .

Transported for seven years .

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

Reference Number: t17880910-7

503. JOSEPH IVES and THOMAS BERRY were indicted for feloniously breaking and entering the dwelling-house of Benjamin Allen , between the hours of two and eight in the afternoon of the first of July last, no person being therein, and feloniously stealing therein three silver teaspoons, value 3 s. a plain gold ring, value 4 s. and a silk handkerchief, value 12 d. half a pound weight of bacon, value 3 d. a quarter of a pound of cheese, value

4 d. and a silver groat, value 4 d. his property.

There being no witness to prove the robbery but a little boy, who did not know the nature of an oath, the prisoners were BOTH ACQUITTED .

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

Reference Number: t17880910-8

504. JOSEPH ROUND was indicted for burglariously breaking and entering the dwelling-house of Elizabeth Northam , about the hour of one in the night of the third day of July , and burglariously stealing therein a tenant saw, value 2 s. and one brass cock, value 1 s. her property.

The prosecutrix not being able to identify the things, the prisoner was ACQUITTED .

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

Reference Number: t17880910-9

505. RICHARD PARKER was indicted for feloniously stealing, on the first day of September , a deal trunk, value 6 d. a pair of linen sheets, value 10 s. a pair of cotton drawers, value 1 s. a shirt, value 5 s. a cotton night cap, value 6 d. a worsted cap, value 6 d. two flannel petticoats, value 1 s. three pair of cotton stockings, value 5 s. a linen gown, value 6 s. a towel, value 1 s. a linen handkerchief, value 1 s. the property of William Brown , Esq . and two flannel petticoats, value 1 s. the property of Elizabeth Graham .

The prisoner was taken with the box.

GUILTY 10 d.

Imprisoned in the House of Correction Six Months .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880910-10

506. JOHN GOSS was indicted for stealing, on the 16th of July , a cambrick handkerchief, value 1 s. the property of Owen Wynne .

The prisoner was seen dropping the handkerchief.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17880910-11

507. JOHN WELLS was indicted for stealing, on the third of September , two remnants of muslin, containing four yards , the property of John Richard Ripley and Philip Rivers .

The prisoner was servant to the prosecutors, and the muslin was found in his drawers.

Prisoner. I leave myself to the mercy of my masters.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. Baron HOTHAM .

Reference Number: t17880910-12

508. THOMAS JONES was indicted for assaulting John Mills on the king's highway on the 17th of August last, and putting him in fear, and feloniously taking from his person and against his will, a silver watch, value 3 l. a silk watch string, value 1 d. a cornelian plain stone seal, value 1 d. a glass seal, value 1 d. a base metal watch-key, value 1 d. his property.

JOHN MILLS sworn.

I was coming up St. Catharine's-lane , and this man past me and snatched the watch out of my pocket, on last Sunday the 17th of August; the watchman was crying past eleven; I cried out stop thief! and those two gents that are here stopped

him; they searched him, and took the watch from him, the man that took it from him would not let me look at it till the next day, I saw it then before the Justice.

JOHN SKIRSLEY sworn.

I was going round with the officer about five minutes after eleven; I am houseman belonging to Aldgate watch-house, the gentleman that was with me was the constable; there came a sailor in liquor and asked his way to the Minories; the officer directed him; I stood against the post at the end of the lane, and heard a voice say, Will you rob me! will you rob me! then immediately cried out, stop thief! the officer was then come up; I immediately stopped him; he said I am not the man, let me go; I said, I shall stop you till the other man comes up; he said immediately that is the man that robbed me of my watch; I searched him immediately, and found the watch in his right hand trowsers pocket; I would not shew the prosecutor the watch till he came into the watch-house and gave the descriptions; the watch is here; (deposed to) It is my watch, the inside case is bruised, and the maker's name is Howard; I have not opened it this three weeks, it goes on a diamond.

Court. Open it? - This is my watch.

Court to Mills. Did you say any thing? - Nothing; I was flurried, and I cannot be certain whether I said any thing, but I cried out stop thief.

CHARLES MOORE sworn.

I am headborough of St. Botolph, Aldgate; as I was going round the parish, past eleven, I directed a man to the Minories, then I turned to go down the lane; as soon as I got to the top of the lane I heard the cry of stop thief! immediately the prisoner came up, and I stopped him; the prosecutor came up immediately after, and said that was the man that had the watch, and desired the houseman to search him, and I stood over him, and the watch was found in his trowsers pocket; then we took him to the watch-house, and took the watch from the houseman to look at it, and the prosecutor described the particulars, and I saw it answered his description.

PRISONER's DEFENCE.

I was coming up St. Catharine's-lane last Saturday night, and that man was with a girl of the town, and another man or two along side of her; they were going to the house, when I passed him about twenty yards, he sung out, Do you mean to rob me? a man passed with a jacket and trowsers on, and I had my arms in this manner, and laid the watch on my arm, and I put it into my pocket; this man came and laid hold of me, and searched me, and took the watch out of my trowsers pocket; that man that passed me, and gave it me, was the man that asked him the question most probably at the top of the lane.

GUILTY , Death .

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

Reference Number: t17880910-13

509. EDWARD COX and THOMAS COX were indicted for feloniously assaulting Simon Matthien Detreme , in a certain field and open place near the king's highway, on the 12th of August last, putting him in fear, and feloniously taking from his person and against his will, 5 s. 6 d. monies numbered his property .

SIMON MATTHIEN DETREME sworn.

I was coming from Hampstead the 12th of August, at two in the afternoon; in the middle of the fields that are between Hampstead and Kilburne Wells, a man demanded my money.

Do you know who that man was? - Six days after that, they brought me these two prisoners at the Rotation Office; between that time that I was robbed and the day that I saw the prisoner, I saw a man that was

very much like the man on the right hand; I saw him in the field, and I thought it was, and if he had been brought to me the same as these, I should say the same of the other man, the same as I said of this; I know nothing of the other man.

Which man was it that demanded your money? - The man to the right resembles the man, but I cannot swear positively to him.

You know nothing of the other man? - Only there was another man in the field; but he had his back turned to me, and I never saw his face; when the man demanded my money, I told him that I had but very little money; he told me directly, I will not hurt you; I gave him half a crown, a shilling or two, and three or four sixpences; he did not threaten me; he dispelled all kind of fear, by assuring me that he would not hurt me.

Had he any arms or any thing? - He had a stick with a knob, that I thought was like a mahogany chair, that appeared to me square, but he did not lift it up to me, he kept it in his hand; he said, but you have a watch; I said no; he did not search my pockets; he blest me; he said, God bless you, God bless you.

How came you to give him your money? - Because I thought if I should make any resistance, perhaps the man would use me ill; there were people in the nex field, just by, loading hay; I told them that there were two footpads in the fields; they asked me have they robbed you; have they taken a great deal of money of you? and they said nothing more.

How long was it afterwards before you saw him at the justices? - Six days; I was robbed the Tuesday, and on the Monday after I saw him at the justices.

You cannot be certain of this being the man? - No; I should be very sorry to swear positively to him, because I have seen a man that is exactly like him; and if that man had been brought to me, I should have said to him the same as of this, my belief is only a suspicion.

Is the prisoner the same man you saw in the fields? - They tell me the man was taken the day I was robbed.

So then the man you suspected afterwards, could not be the man? - No; of the two there must be one innocent; and I could have said the same things I say of this of the other.

MATTHEW SCOTT sworn.

I am a victualler; on the 20th of August about one, I went to Kilburn Wells, I was in the garden; when I had been there about an hour, Mrs. Errington came into the garden, and said to me and several others that were in the garden, Mr. Scott you can run very well, do run after these two footpads, they have robbed a gentleman within a field of the house, just now; I came up to the gentleman, which is this prosecutor, to speak to him; I asked him what sort of men they were; he told me they were two men in waggoners frocks, and had robbed him not many minutes before, but two fields off Mr. Errington's house; he said one was rather taller and thinner than the other, and the other was a shorter and broader set man; I went as fast as I could to the place where he said he was robbed; I saw nobody there; I leaped over the hedge to the field on the right hand side, and at some distance, it might be very near half a mile, I descried a man getting out of a ditch; I was in a valley, and it was the rise of the ground; he was in a smock frock as before described; I followed him as hard as I could; he went very near Primrose-Hill; he went to the right to Paddington; I took him just on this side Mr. Wellin's hay-ricks, I suppose it is three or four miles; when I had taken him I said, you must go with me, that was the prisoner, Thomas Cox.

Court to prosecutor. That is not the man that you suppose? - No.

Scott. I said, you must go with me, you have just now robbed a gentleman; he said he had been at a field not far from Mr. Wellin's house; why, says I, my friend, I have ran you from Kilburn Wells; and a man helped me to take him to prison; we

kept him in Mary-le-Bone watch-house; as we were going along, he said he did not rob the man.

Did you promise him, did you tell him it would be better for him to confess? - I told him he might as well confess, for we should find out the other.

You invited him to confess on purpose to get at the other and take him? - He said he lived at the Shakespeare's Head, Pimlico, and then Mr. Hobbs and me went to Pimlico, and waited an hour, and then the man came down in a smock frock to his lodging; we followed him into the house; we told him he must go with us, he immediately did so, and he immediately confessed the robbery, that he had robbed the gentleman.

Did you say any thing to him that it would be better for him? - Not a word; I told him I had followed the other young man, who had confessed he was with him at Kilburn Wells, and who had told me where he lodged; upon hearing that, he cried immediately and said, I am the man, I will give you the money that I robbed the gentleman of; he put his hand into his pocket, and gave Mr. Hobbs a half crown piece, one shilling, and two sixpences; he said that was all the money he had robbed the gentleman of, except one sixpence that he had spent; he was taken before Sir Robert Taylor , and the gentleman was advertised for; they both confessed before Sir Robert that they were the men; Thomas said he was not the man that robbed the gentleman, but he was with him, or was on the other side of the hedge, I am not sure which.

JOHN HOBBS sworn.

I was working in Mr. Wellin's field at the back of the New Workhouse in Marybone, and Mr. Scott beckoned with his hand, and desired me to come along to him; I immediately made to him, and he said this man had done a robbery, and begged me to assist him; that was the prisoner, Thomas; the prisoner, Thomas, made answer and said he did not do the robbery, but he was with the man that did it, and he told me where to find this man; he said he lived at the Shakespeare's Head at Pimlico; I saw him, as I was waiting about for him, come down the lane and go into his door; that was the prisoner, Edward Cox ; I immediately went into the door upon him; he begged of me not to make a noise; I told him I would not; he said he would go easy and quiet, for he knew that Thomas Cox would be taken, and he was pretty sure they were after him; and that he should be soon taken after him; and he immediately said, I have taken this money from the gentleman, and I will give it you; and he gave me one half crown, one shilling, and two sixpences, and one sixpence he said he had spent at Highgate, for he was very dry with running.

Did you understand, then, that he had run from Kilburn to Highgate? - Those were the words he spoke to me; I understood he ran round that way to Highgate; we took Thomas Cox at half past three or a quarter past three, I cannot be sure which, and Edward Cox about half past six, or somewhere thereabouts.

How long did you stay at this public-house? - About an hour before Edward came.

JOSEPH ERRINGTON sworn.

I live at Kilburn Wells; I have lived there seventeen years almost; when I came home in the afternoon about five, I heard there had been a robbery, and one man was taken; I know nothing of the matter; Sir Robert Taylor sent for me on Sunday to come on the Monday; and I found out the prosecutor, who came forward with a great deal of reluctance.

PRISONER EDWARD COX 's DEFENCE.

I know nothing of the affair.

Court to Jury. Gentlemen, in this case, with respect to one of the prisoners, Thomas Cox , you will have nothing to consider of, because all his confession, or supposed confession, was, on a promise of

reward, therefore you must acquit him; the question will be, with respect to the other prisoner, Edward Cox ; upon those cases where the transaction never lasts long, one wishes, if possible, to have both positive and circumstantial evidence: with respect to the positive evidence, you hear how it stands, then from the circumstantial evidence, this gentleman was robbed, and he publickly made notorious that robbery. At some distance of time afterwards, Scott thinks fit to pursue; he saw the prisoner, Thomas Cox , at half a mile distance from the robbery; Thomas Cox makes a confession, which is immaterial for you to consider any otherwise, than he tells you that Edward Cox lodged at the Shakespeare's-Head, Pimlico; they go there, and Edward is taken; and without any promise whatever, he confesses that he robbed the gentleman; now what gentleman does not appear; it must be some gentleman that was robbed, but the question is, whether it was Mr. Detreme, the present prosecutor; he says he was robbed of half a crown, a shilling, and three or four sixpences; the prisoner said, he would give the money he had taken, which is not the same; he gave half a crown, a shilling, one sixpence, and said, he had spent the other; in a case of this kind, you must see that the prisoner is convicted of the offence of which he was indicted; you are therefore to consider, whether on the whole, you will apply the whole of the confession to that gentleman; at the same time you will consider, that in the case of a highway robbery, there is a reward, that reward will belong to the witnesses, who by adding a very little to the confession may make the reward good. I mention not this to throw any imputation on the witnesses, but that you should consider again and again on the mere confessional evidence before you can convict the two men, when the prosecutor tells you very freely and honestly that he cannot swear to the men.

Prosecutor. I had said that I had given half a crown, a shilling, and three or four sixpences to the people that took them; that is a circumstance that they knew before; they did not learn it of the prisoners.

Court. That is a very material circumstance indeed.

EDWARD COX . THOMAS COX .

NOT GUILTY .

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

Reference Number: t17880910-14

510. JOSEPH TAMBROOK was indicted for stealing on the 29th of August , six silver tea-spoons, value 10 s. the property of John Cook .

JOHN COOK sworn.

I am a hair dresser ; I lost six tea-spoons on the 29th of August; they were in the parlour; I saw them at breakfast; they were always kept in the cupboard; I saw them an hour and a half before; I came home just after the man had taken them.

THOMAS HIBBARD sworn.

On Friday morning I was going round to my customers, and as I got to the prosecutor's door; the prisoner, Mr. and Mrs. Cook, and a man was standing at the door; the man said, he wanted a pennyworth of precipitate powder; he went from the door up Duke-street and turned round; he had the spoons loose in the pocket of his great coat; I went after him, and heard them rattle loose in his pocket; he put his hand in his pocket and held them off from touching his thigh; I then caught hold of his collar, and said, by God you have something there, and I will see what it is; he said, oh, my good fellow do not! they are only a few silver tea-spoons; they are not missed; I told him I would take him back; I took the

spoons from him, and put them into my breeches pocket.

(Produced and deposed to.)

GUILTY .

Transported for seven years .

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

Reference Number: t17880910-15

511. SARAH TAYLOR was indicted for stealing, on the 5th day of September , a looking glass in a mahogany frame, value 20 s. the property of Henry Cherrington , and David Henning .

HENRY CHERRINGTON sworn.

I am a cabinet maker and an upholsterer in partnership with David Henning ; I lost a looking-glass; on Friday the 5th of September, the prisoner came in and took off the looking glass; she was taking up the glass; I followed her immediately and overtook her about five yards from my own door; she was going to set down the glass; and I caught hold of her; I took her to the office myself; this is the glass; it is mine.

PRISONER's DEFENCE.

It rained very hard last Friday evening; I was standing up by a door, when a woman came to me, and said, let this glass stand by you; I am moving, and I have lost my child; I run after the woman, and caught fast hold of her; and she tore a piece out of my handkerchief.

Court to Prosecutor. Did you see her in the shop? - I did; there was a woman came up to her, and followed me to the shop; and took hold of the prisoner's gown; when she came back to the shop, she came up with her to the shop door.

Are you sure that the prisoner was the same woman that you saw in the shop? - I can swear to it.

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

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17880910-16

512. MALACHI PORTER was indicted for stealing, on the 10th of August , two leaden garden pots, value 7 s. the property of Johanna Altham .

The prisoner was taken with the pots on the night they were stolen.

PRISONER's DEFENCE.

I found the pots at Pancrass.

GUILTY .

Imprisoned six months in the house of correction .

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

Reference Number: t17880910-17

513. THOMAS RYAN was indicted for stealing, on the 28th of July last, 56 lb. weight of lead, value 7 s. belonging to Willam Peter Baker , Esq ; and fixed to a certain building of his, against the statute .

(The witnesses examined separate.)

JOHN EVANS sworn.

I am a watchman; I heard somebody slithering off this building; and I laid down on my belly, and the prisoner run by me; I took him in a minute, he was never out of my sight; we found the lead in a vault where he was.

LAWRENCE JONES sworn.

I heard a couple of things drop from a house, and I told the other watchman.

(The lead produced and deposed to, and a knife that was found on the prisoner.)

PRISONER's DEFENCE.

I know nothing of it.

GUILTY .

Transported for seven years .

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

Reference Number: t17880910-18

514. EDWARD SEDGWICK was indicted for stealing, on the 22d of July last, 100 lb. weight of lead, value 14 s. belonging to Peter William Baker , Esq ; and fixed to a certain building of his, against the statute .

NOT GUILTY .

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

Reference Number: t17880910-19

515. JOSEPH HARLING was indicted for stealing, on the 8th of September , a gun mounted with silver, value 30 s. the property of John Dixey .

The property being wrong layed in the indictment the prisoner was ACQUITTED .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880910-20

516. JAMES SMITH , alias LACEY , was indicted for feloniously stealing on the 21st day of December, 1785 , one chesnut gelding, price 8 l. the property of Jonathan Pegrim and Edward Campion .

JONATHAN PEGRIM sworn.

I lost a horse on the 21st of December, 1785.

Court. How came you to come so late with this prosecution? - Because I did not meet with the man before; my horse was lost from No. 64, London Wall, from my stable; the prisoner hired my horse to go to Croydon.

What time of the day? - I believe it might be about nine or ten.

You keep an inn there? - Yes.

He came into the yard there? - Yes.

Was you present? - I was.

What did he ask for? - He wanted a horse to go to Croydon for the day; I let him have one; the horse never returned from that time to this.

Did you know him before? - No.

How came you to let an entire stranger have your horse? - He gave me a very good information where he lived, his name and place of code, he gave his name James Smith, he lived at No. 1, Cable-street, Wellclose-square.

Did he tell you what he was? - No, he did not.

Did you ever make any enquiry for him there? - I did.

When did he say he would be back? - At night.

He did not come? - No.

Did you make any enquiry at the place where he directed you? - I went to the shop, and the shopman said he did not know whether he was within or not, and I found they knew him.

Did you ever get your horse again? - Never, I never saw the horse since; I never saw the prisoner, to know him, till he was taken up; they sent for me according to the advertisement.

When was that? - It was some few days before the last sessions; I came here then about it.

Can you undertake at this distance of time to swear positively that he is the same man? - I am very sure he is the same man.

How long might you talk with him in the yard? - Ten minutes perhaps; he came into the counting-house and wrote his name; I am very sure he is the same man.

Did you know him as soon as you saw him again? - I knew him directly.

He was shewn you by the officer? - No, he was taken up.

Was there any description of him that he was taken up by? - The man came and told me that he thought it was the man; he was taken up not on my business.

Then he was shewn to you as the man that stole your horse? - He came out, I knew him directly.

Did you say any thing to him then, or ask him any qustions about it? - No, I did not.

Did he say any thing? - No; only he said once he could prove he was not there at the time, at another time he said he could prove that he was there at the time.

Mr. Knowlys, Prisoner's Counsel. Why this is a very long time ago? - It is so.

Are you in partnership with Mr. Campion? - Yes these ten or a dozen years.

Are you partners in the horse dealing line? - No, we do not deal, we are in the job way.

How many livery horses may you have, thirty or forty? - More than that, they are gentlemen's horses.

But riding horses; how many have you to let out? - two or three.

This is pretty near three years at Christmas? - Yes.

JONATHAN PEGRIM , jun. sworn.

I was in the counting-house at the same time; I took particular notice of the man, we always do of stranger; I suppose he was there about ten minutes while they were getting the horse ready; I am sure this is the same man.

Can you undertake to swear positively to the person of the man at two years and a half distance, that you never saw but once? - He has a large mole on the left side of his face, which I took particular notice of at the time; he has that mole now.

Mr. Knowlys. Can you tell us how this man was dressed? - He had a great-coat on.

A pretty large great-coat? - Middling about that, with a pocket on each side.

I take it he had a round hat on? - He had.

Did you never happen to mistake one man for another in the course of your business? - No, sir, I do not know I have.

JOSEPH BEAR sworn.

I had a warrant against the prisoner, to apprehend him for an indictment in Surrey; I found him on Tower-hill, I told him; he immediately up with his stick and knocked me down; I recovered myself, and got up again; he repeated his blows several times; I cried out stop thief, and secured him and took him down to the Borough and let Mr. Pegrim know that there was such and such a man in custody that answered the description I had heard; I was at the apprehending of another man, one Jacob Hobbs, a long while ago, and I heard Mr. Pegrim describe such a sort of man as I thought Mr. Lacey was, and when I apprehended him I thought fit to send to Mr. Pegrim.

Did the prisoner say any thing to you about this horse of Mr. Pegrim's? - No.

Prisoner. If it will not offend my Counsel I wish to ask a single question of young Mr. Pegrim; Whether that advertisement of the mole on my cheek was in the papers? - He was not advertised at all.

Prisoner. If you recollect, the elder Pegrim swore there was an advertisement.

Pegrim the elder. Hobbs was advertised and the other man was advertised, it was in the Hue and Cry.

Was this man advertised? - No, I do not think he was; I rather think he was too.

Where is that advertisement? - I do not know whether he was or was not.

Did it mention the mole on his face? - I do not know; I do not think it was.

Court to Bear. What description did Pegrim give you of the man? - A tall slim man of swarthy complexion; he did not give me any particular mark.

PRISONER's DEFENCE.

I was unfortunately at this time out of the kingdom that they have sworn to, and have been but a very little time in London;

I have several respectable witnesses to my character.

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

GUILTY, Death .

He was humbly recommended to mercy by the Jury, on account of the distance of time.

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17880910-21

517. JOHN COYLE was indicted for stealing on the 6th of August , six earthen plates, value 2 s. six cups, value 2 s. six saucers, value 2 s. a tea-pot, value 1 s. a glass tumbler, value 6 d. a milk-pot, value 1 s. a pint bason, value 6 d. and a mustard-pot, value 1 d. the property of William Davis .

WILLIAM DAVIS sworn.

I keep a Staffordshire and glass warehouse by the side of Fleet Market ; the prisoner was my servant ; he lived with me twenty-eight days, and I was losing all that time; on the 6th of August I was informed concerning him, that he was out with his pockets loaded; we took him up on suspicion, and took him to the Compter; he had a hearing before Alderman Sainsbury; he was remanded; we went in search of some of the property, and the second house we went to we found this property; it was at his washerwoman's; it was not concealed.

HANNAH QUIN sworn.

I am but a poor widow woman that works for my living, washing and spinning; the prisoner brought me these things and made me a present of them; I cannot remember from time to time; it was about three weeks before the search; they were six cups and saucers and a tea-pot; he brought them at twice; I washed for him a couple of months, he owed me two shillings and two-pence.

The things produced and deposed to.

HUGH MORGAN sworn.

I am a milkman; I saw the prisoner on Sunday morning on Snow-Hill, about a quarter before seven, the 3d of last month; his right pocket was quite full, and the top thing was a blue and white saucer; I cannot tell whether any of these are the things; I saw him the Friday before with a very large bundle, I do not know what was in it; on the Wednesday following I acquainted his master.

Prisoner to prosecutor. Pray what mark have you on those cups and saucers? - There is a mark on several of the things.

What particular marks? - There is no particular marks, only they are mine.

What marks exclusive of any other crockery ware?

Prosecutor. The plates were made by a man who never sent any to London but to me; I pay him about 400 l. a year for them plates and dishes.

BRIDGET DUFFER sworn.

The prisoner brought these things and made them a present to my mother; I live in Black Swan Court, Golden Lane, in my own house; Mrs. Quin came to live with me; he brought them at twice; he brought the plates about eight in the morning, and the cups and saucers about the same time of the day.

Prisoner to prosecutor. Was not the door of the house locked, and did not your other man keep the key in his pocket? - No; it was only bolted, the lock was spoiled, and could not be used.

LEMON CASEBY sworn.

On the 6th of August last Mr. Davis came to me to take charge of the prisoner on suspicion, which I did; he had a hearing, and was remanded for the next day; I went with Davis to his washerwoman's, and found these things; he said, that morning he got up at six, and went to carry his linen; this is the property; the Alderman asked the prisoner how he came by them; he said he took them from his master,

and meant to have brought them back again unknown to his master.

PRISONER's DEFENCE.

Those things I never stole, I bought them at different times as I went through the street, to make them a present to the woman; I should have bought them of my master, but I understood when I was going to live with him, that he would take no person who had any acquaintance in London; and the first question he asked me was, if I had any acquaintance; this man, who says he saw them in my pocket, came and told him; he took me on suspicion; I have no witnesses; I am quite a stranger, and therefore he is doing all he can to hurt me; he cannot swear to the goods.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. Justice GROSE.

Reference Number: t17880910-22

518. ROBERT GUY , JAMES DAWSON , and ROBERT FENVELL , were indicted for feloniously stealing on the 23d of July a Gelding, price 10 l. the property of Thomas Hill .

THOMAS HILL sworn.

I live at Pinner, in the parish of Harrow; I lost a horse either the 22d or the 23d of July; the horse was put into the field in the evening, and he was missing the next morning; I was twenty miles from home.

What sort of a gelding was it? - A brown bay gelding; we call him a bay gelding, but he is rather of a brownish colour, about fourteen hands three inches high, as near as I can tell; three years old at most, bald-faced, and either two white feet behind or one I cannot be certain; he was taken on the Wednesday, and I had him again on the Saturday; I found him at Paddington, in the custody of a man whose name is Kettle; I think it is the White Lion, but he has been sent for by order of the magistrate.

JOHN SMITH sworn.

I live with Mr. Daniel Hill, a son of the last witness; I turned the horse out the 22d into a field of my master's, about seven in the evening, I missed it the next morning about ten; the road was just by the field.

Were the gates fast? - I cannot say; it is just by a school; I shut the gate after I had put the horse in.

Are there more gates than one? - I cannot particularly say, because the boarders very often throw it open; I went home and told my mistress; she sent me away after it, and there was another long tailed grey colt got away along with it, and I found the grey colt about three in the afternoon in my master's field; I heard of the gelding on the Wednesday; I was looking about after it; I came home and heard how such a thing was taken in Paddington; I knew the gelding when I saw it.

The witnesses were here examined separate, by the prisoner's desire.

WILLIAM FENNING sworn.

These three young men passed us about half after three in the morning; I work for Mr. Carter, a cow-keeper, three miles from Paddington; there were two on the bay gelding, that was Dawson and Guy; we had been milking, and the three men met us; Mr. Hill's horse took fright; my fellow servant said he wished some Irishmen would come by, and drink out of the pails; one of these young men said, I wish you would give us a drop; and my fellow servant said, if it is not worth coming for, it is not worth having; but they did not turn then, they kept on.

It was not light then? - Yes, it was just light.

You had never seen them before? - Never, to my knowledge.

Can you take upon yourself to swear to these three young men, from that cursory view? - Yes, I can.

Did you give information of this? - No.

Did you observe the gelding? - It had a long tail; I cannot particularly say it had a white face.

Court to prosecutor. Had your gelding a long tail? - Middling; it was what we call a longish swish tail.

Is that the tail you mean? - Yes.

Prisoner. Did you see us turn these horses up? - No.

Did you see us take these horses? - No.

WILLIAM BIRCH sworn.

I am a milkman; I was with Fenning; we were pitching our milk out of the field into the road, and these men came by us; and whether my fellow servant asked them to have any milk, or they asked him, I cannot say; there were two men on the first horse, that was Dawson and Guy; it was a bay gelding with a long tail; I cannot tell the face, it was rather before it was light; the other prisoner was on a black horse; I had a son as big as myself; I said, they are thieves; how do you know that, said my son; let them alone, and let them go about their business.

How do you undertake to swear to their faces, if you could not see the bald faced horse? - I was nigh the man, and could see the colour of the horse.

You said it was not light enough for you to see the colour of the horse's face? - I did not take notice of it; the horse was found at Mr. Kettle's.

WILLIAM BUDGE sworn.

In the morning, just before four, I was alarmed by my dog; I looked forward, and saw two of the prisoners leading away an ass belonging to a servant of mine; it was the prisoners Fenvell and Dawson; they told me it belonged to them; I told them I would let them know that; they immediately slipt the halter, and turned it loose; I dressed myself and followed them.

Had they any horses with them at that time? - They had not; they had turned the horses loose on the green opposite to my house.

What horses were they? - A bay horse and a black one; I followed them immediately down the green; then they were got into Black Lion Lane, and I called watchman to come along with me; I said I believed they were thieves; I took hold of Fenvell and said, you villain, you was going to steal the ass; he said he was not; says I, I believe you to be three thieves, I will see what you have got; immediately I pulled a horse-cloth from him, and it fell on the ground with some poultry in it, I believe six or seven fowls, and a shoulder of mutton, and they were taken; the horses were on the green facing my house; I never saw them with the horses.

THOMAS WALTON sworn.

They brought these three men to me, and I put them in the round-house; and I went to the common, and put the two horses in Paddington pound; Mr. Hill came and swore to his horse at the justice's door.

Court to Birch. Do you know the horse that Hill came and swore to; was that one of the horses that was on the green? - Yes it was.

Prisoner Dawson. We know nothing of the horses, nor never saw them.

ALL THREE GUILTY , Death .

Tried by the first Middlesex jury before Mr. BARON HOTHAM .

Reference Number: t17880910-23

519. MICHAEL CONNER was indicted for feloniously returning from transportation, and being found at large , on the 10th of July last.

When the prisoner was arraigned he pleaded guilty; when he was thus addressed by the Recorder; I think it right that you should be fully informed of the consequences of your plea before it is recorded; if you expect to receive any favor from the court, or from your sovereign, on account of your pleading guilty, you may probably be deceived in that expectation, and the consequence of your pleading guilty, if it is recorded, will be exactly the same, whatever that might be, as if you was found guilty by a verdict of the jury; therefore it is for you to consider, whether you will abide by your plea of guilty, or take your chance of acquittal by a jury of your country: are you guilty or not guilty?

Prisoner. Gentlemen, I am guilty; when I found the gates open, I walked out of the gates; I saw nobody to hinder me or to stop me; I went at my liberty; I have three small children and a wife; they had no support; I had served my king and country abroad during the time of the war; and I thought it very hard to be kept here.

Court. Upon your plea of guilty; the only thing the court has a power to do, is to give judgment of death against you; if you have any matter to offer in excuse, in that case it must go in the form of a petition to your sovereign; but if you have any matter to lay before the court it must be by evidence; then this prisoner pleaded, not guilty.

JOHN OWEN sworn.

Here is a certificate of the prisoner's conviction.

(Produces it.)

(Read by Mr. Shelton, and examined by the Court.)

On the 3d day of May last, the prisoner made his escape from the Goal of Newgate;

afterwards Mr. Pitt and I apprehended him on the 10th of July, in Bambridge-street, St. Giles's; I know the prisoner to be the man that was convicted in April sessions; I am positive of it; I put him to the bar to take his trial; I took him away; and I afterwards brought him up to receive sentence; I recollect his being tried for stealing an iron bar, value 10 d. the property of John Edger , Esq;

Prisoner. Please to ask him what I was doing when he took me? - He was in a back yard filling a barrow, I believe, with some rubbish or mortar; he was doing some work.

JOHN PITT sworn.

I have no more to say, than that he escaped from me the 3d of May last, and we retook him the 10th of July.

Where did he escape from? - Newgate.

Prisoner. What was I doing when you took me? - He was filling a barrow with something; he was at work.

PRISONER's DEFENCE.

My Lord, I have a wife and three small children; my wife came to me several times, and said her children and she were very much distressed; as I was in confinement, knowing that they were in this distress, I found the opportunity of walking out of the gate, when I saw the rest of the strangers going out, and I walked out along with them; I have no witnesses; they all told me I was to be tried the last day of trying; I will fetch them tomorrow; I will bring my master who I have worked for these four years.

GUILTY , Death .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17880910-24

520. DAVID EVANS , WILLIAM DERRY , and THOMAS DERRY were indicted for stealing, on the 12th of July , a wooden firkin, value 2 d. and 56 lb. of butter salted, value 14 s. the property of John Vaughan , and Benjamin Vaughan .

ALEXANDER INNIS sworn.

I only prove the property.

WILLIAM ROLFE sworn.

I saw the least of these lads go into Mr. Vaughan's warehouse about a quarter after six in the evening, on the Saturday night the 12th of July, and in about five minutes he brought out a firkin of butter on his knees; one of the lads, David Evans , came up to him as he was sitting close by the warehouse door upon a bench, and the prisoner, William Derry , was with him.

Were they near enough to see him go in? - Yes, they were close by him at the time, and David Evans came up to him when he sat down on the firkin, and he held out his hand to receive something from this little lad, whether he did or no I do not know; when he was stopt with the butter, Evans said, he was hired to carry it for a pint of beer; I did not see him give him any thing; I took David Evans into custody with the butter; the other two lads made off; I and another pursued them, but they got off; I am sure these are the same lads; I was as near them as I am to your lordship; I had a good opportunity of seeing them; one of them was taken about two days after; I knew him directly; the little one was taken about a week after; I knew him directly; the butter and the prisoner Evans were secured.

THOMAS HARVEY sworn.

I was sitting at a public house drinking a pint of porter opposite this gateway where the warehouse was, and this young man desired me to watch these people while he went into the warehouse to know if any thing was delivered to them; I saw the young one bring out a firkin; and David Evans held out his hand; and the little one put his hand in his pocket, but whether he received any thing I cannot say;

Evans took up the butter, and went down Thames-street; the others followed him; I stopt Evans with the butter on his shoulder, and when they saw me watching them, the prisoner, Willliam Derry, said, d - n your eyes, make haste along, you are both blown; that I am clear of; I stopt him then; the others made their escape immediately through a court in Thames-street; I followed them when I saw assistance coming.

JAMES GODFREY sworn.

I took charge of the prisoner Evans; the butter and firkin is here.

(Produced and deposed to.)

PRISONER EVANS's DEFENCE.

He speaks false; when I was taken, he asked me what the others had; I said, I did not know.

PRISONER WILLIAM DERRY 's DEFENCE.

I never said any such words as d - n your eyes, make haste, you are blown.

PRISONER THOMAS DERRY 's DEFENCE.

Why Sir, indeed Sir, I was not with them, I was not indeed Sir.

ALL THREE GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17880910-25

521. JOSEPH TAYLOR was indicted for burglariously and feloniously breaking and entering the dwelling-house of John Hunt , about the hour of ten of the night, of the 12th of August last, and burglariously stealing therein, a pair of women's stays, value 30 s. two silk gowns, value 7 l. two pair of sattin breeches, value 30 s. a sattin waistcoat, value 10 s. a cotton waistcoat, value 5 s. seven curtains, value 32 s. a sheet, value 3 s. seven towels, value 3 s. two curtains, value 6 s. eight valences, value 4 s. a pair of snuffers, value 1 s. 6 d. a looking-glass, value 5 s. two bed quilts, value 47 s. four napkins, value 5 s. seven yards of linen, value 10 s. a japanned tea-board, value 9 d. a linen dressing-cloth, value 1 s. three yards of callico, value 3 s. six pictures, value 6 s. his property.

JOHN HUNT sworn.

I live in New-Ratcliffe-row, St. Luke's ; I am an oil and colour man by trade; on the 12th of August my house was broke open; I fastened it myself at nine; I fastened the whole, and particularly the front door; I bolted and chained it; the back door was left on the double lock; there is a garden before my house, and a garden behind it; I went out at nine and left nobody in the house; my family consists only of my wife and myself; I did not return till the next morning about six; when I returned I found the front gate of the garden open; the box that received the bolt of the lock was broke off, and the wash-house door was left open; then I went in, and did not perceive any thing; but when I went up stairs, I found both the room doors open; the back door of my house was broke open by force; it is a spring lock; it has grazed all the way as it went; I am positive I double locked that door over-night; that door was shut in the morning; it was pulled too, but it had not received into the place where the bolt should have gone again; I went up stairs, and the first thing that I saw, was, a many things thrown about the rooms, such as remnants of linen, and a number of things; and I found two boxes and a chest of drawers broke open, and a great many things gone; my wife examined, and missed the things mentioned in the indictment.

Do you live in that house? - Yes, sometimes I come to town and stay all night, and some times I sleep there; I knew nothing

of the prisoner, only from description.

Mr. Knowyls Prisoner's Counsel. Where is your shop? - I have no shop at all.

Do you carry on any business in this house? - No, that is the house that we constantly reside in.

But is not your constant residence in town, and not there? - No.

Have you any beds in this house? - I have no bed, only such a bed as we make shift to lie on.

Court. Do you ever sleep there? - Yes.

Your wife and you? - Yes.

How often? - We used to sleep constantly there till within a few weeks back; but at this time we did not sleep constantly; we were intending to go there fully and wholly, and leave town entirely; this house has been built about three years; I left it at nine, and did not see it till six.

JOHN RAY sworn.

I know this house of Mr. Hunt's in New-Ratcliffe-row; I was there the 12th of August, in the evening, about half after eight; I staid there till near ten; I observed two men lurking about from half eight till near ten; the prisoner is one of them; I told Mr. Hunt of this; the first of my seeing them, I was coming home from my work, from Mr. Adams's in St. Ann's-lane.

Mr. Knowlys. What are you? - A buckle maker.

Where do you live? - In Ratcliffe-row; I saw these two men looking through Mr. Hunt's paling; one of them looked at a ditch, and said, I fancy it is something to let water out of the gardens; I did not take any notice of them; I went home to my wife and fetched her a pail of water, in going, I saw these two men again, and coming back, I saw them coming back; I fetched another pail, and saw the two men again; after supper I went out again, and heard something snap; I thought it was some bar of some window; I looked at the bars of Mr. Hunt's windows, and saw them safe; I came in again, and looked round the front of the house, and saw nothing misplaced; I could see the back of the house; I went into my own habitation, and saw no more.

Mr. Knowlys. You know the prisoner lives just upon the spot? - I do not know it.

How long have you been acquainted with Mr. Redgrave? - No time at all; I have seen him several times, not to be acquainted with him; I may have known him for these twelve months as near as I can guess.

You have been a good deal with him since this matter? - No, Sir.

Why you came with him to day? - I have been with him to day; he did not pay my reckoning; I have seen the other runner.

WILLIAM BRACKNEY sworn.

I am a constable; Mr. Hunt informed Mr. Redgrave and me, that his house had been broke open, in consequence of that information, we went to Taylor's lodgings, and there we found him in bed with his girl; I think it was on Wednesday, the 20th; he asked us what we wanted; we did not tell him at first; we told him in some few minutes after; Mr. Hunt saw a pair of snuffers on the table, and he told us to take them, and a tea-board, and the prisoner said, a girl brought them there, and five hand towels, and a picklock-key, and some crucibles.

(The towels produced.)

Mr. Knowlys, Prisoner's Counsel. You did not go to Taylor's house till the 20th? - No.

You had the information on the 12th? - Yes, as to the snuffers, I think Taylor said, he had had them six months; it was the second time I found the picklock key.

Then Taylor had been in custody the day before? - Yes.

JONATHAN REDGRAVE sworn.

I went with the last witness and Mr. Hunt to the prisoner's lodgings; the prisoner

was in bed; he got up and let us in doors in his shirt; I found this tea-board and a pair of snuffers; Mr. Hunt desired us to take care of these snuffers.

(The snuffers deposed to)

Mr. Hunt. These are my snuffers, and this is my tea-board; they were both in my house the day of the robbery; I cannot speak to the linen.

Mr. Knowlys. What do you know the snuffers by? - By some particular spots of rust at the point, and on the box, and under the screw; I am positive these are my snuffers, and were in my house that afternoon.

Upon your oath had not you pawned these snuffers before your house was broke open; I had, and that very afternoon fetched them home; I am positive of that.

Do you know a Mrs. Sarah Nurse ? - I do.

Is she a servant of your's? - No, she was at work for my brother's wife; she was taken up on suspicion.

Will you positively say, you had not pawned these snuffers, and that they were not in pawn the day your house was broke open? - I say, that positively they were pawned, and were fetched out that afternoon by a brother of mine who is here.

When you saw that waiter the first time, did you venture to assert positively that it was your property? - I was clear it was my property; the prisoner asked me if I would swear to it; I said it was; but I should not swear to it; I did not say, that I did not know whether it was my property, but I could fetch those that were sure; my wife did not know it; she did not take it in her hand; I identified it before ever I came to the justices or the office.

Did not you say you had doubts yourself, but would fetch those that did know it? - I did not say those words, I never had any doubt.

Court. Have you any doubt how? - None at all, it is a thing that we have had in our house these ten years.

Mr. Knowlys to Brockney. You were present at the time this tea-board was found, did not Hunt say so? - Hunt never said any such thing.

His wife, however, did not know the waiter? - I believe she might say so, I do not know whether she did look at it or not.

Mrs. HUNT sworn.

Do you know these towels? - Yes.

Whose property are they? - They are mine, they were in my house the night of the robbery, I am very sure of it; part of them has been dirtied since they were taken, but I will swear they are my towels; the snuffers are my property, the waiter is my property; the reason why I said otherwise was, I just cest my eye upon it and it was bent down; and here is another mark here which I will swear to.

Prisoner. I told them to search every where; they found this waiter; the magistrate held this waiter to Mrs. Hunt, she said it was not her property; then Mr. Hunt said, if you will not swear to it I will.

HANNAH BECKET sworn.

I am a washer-woman.

Look at these towels; have you any knowledge of these towels? - Yes, I have washed them.

Are you sure of that? - Yes.

Do you know them perfectly? - Yes, but not by any particular mark; I know I have washed them; I have seen them before; I have washed them upwards of four months.

Have you any perfect memory of them? - Yes.

Now whose property are they? - Mrs. Pocklington's.

Mr. Silvester. Who is Mrs. Pocklington? - Here she is.

What is she? - A woman that I chaired for a long time, she did live with a baker.

What was his name? - William Rule .

Does she go by that name only or some other name? - She went by no other name but her own name.

Does not she go by the name of Perdue? - I never knew her by any other name than Pocklington.

Where did she live? - In Golden-lane.

Do you know the prisoner? - Yes.

Did not they live together, now upon your oath? - Yes.

GUILTY, Death .

Jury. We wish to recommend this prisoner to mercy, as it is a very nice case.

Court. Make a memorandum that the Jury recommended him, being a very nice case.

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

Reference Number: t17880910-26

522. ANN BERRY was indicted for stealing, on the 17th of August , a pair of linen sheets, value 5 s. a blanket, value 1 s. 6 d. a cardinal trimmed with lace, value 28 s. a bonnet, value 4 s. the property of John Kirk .

JOHN KIRK sworn.

On the 17th of August I lost the things in the indictment; my wife had been at prayers on Sunday about half after twelve, and when she came home she put her cloak and bonnet on a chest in the kitchen, and the sheets were in the kitchen close by them; we missed them before nine; the prisoner worked for my wife, on Saturday, the day before she lay at our house, she supped, breakfasted, and dined with us; on Sunday about two o'clock, after dinner I went out; she asked my wife to go out; my wife locked the kitchen when she went out; and when she returned, she sent her down with the key to make a fire; when she thought she had been long enough, she knocked with her shoe; she did not answer, and we went down to see for her; she saw the place opened and missed her cloak and bonnet and sheets, and said she was robbed; and when she went to make the bed she missed the blanket; I advertised the property, and found it and the prisoner; the patrole stopped her with the property; his name is Spiller, he ought to have been here.

JUDITH KIRK sworn.

Confirmed the evidence of her husband.

MARGARET BRANNOM sworn.

I was in the house when Mr. Macdonald that lives opposite came over; I know the cloak; I went to the Compter to the prisoner on the Wednesday after the things were advertised, and the girl owned the things, and cried, and said she was very sorry she had robbed Mrs. Kirk; I said, why should you do such a thing to a woman that has behaved so well to you.

Did you promise her any favour, or any thing? - Oh, no, no, no, no.

Was what she said voluntary and of her own accord? - I asked her how she could go to rob a woman that was such a friend to her; and she said she believed the devil drove her to it, and she cried; I saw the things, she said the patroles had the sheets, and the cloak and bonnet.

What conversation led her to say that? - I asked her how she came to rob Mrs. Kirk, and she said she believed the devil drove her; I did not mention the sheets or blankets, only the cloak; she had torn it very much when she had it on.

Did you talk to her about the cloak that the patrole had taken from her? - Yes.

JOSEPH SPILLER sworn.

I was on the patrol, Lime-street ward, on the 17th of August, Sunday night, and I met the prisoner with the bundle about a quarter before ten, at the corner of Lime-street in the city; I went to Mrs. Kirk's last Sunday in Compton-street, St. Giles's; I examined the prisoner, seeing her with a bundle at that time of night, and she told me her husband and she had had some words together, and that they were parting of their cloaths; when I came to examine the bundle I found that there were two wet sheets; I told her I suspected her, and took her to

the watch-house; the next day we took her before the Lord Mayor; the things were advertised and the prosecutor claimed them.

(The things produced and deposed to by the prosecutor and Mrs. Brannom.)

Mrs. Brannom. When I talked to her about robbing her mistress, she said she was very much in liquor or would not have done it.

ABRAHAM GOULD sworn.

When the patrole brought her to me, she had the cloak and bonnet on; she gave evasive accounts; I took her to the Compter, and the next day she was remanded.

PRISONER's DEFENCE.

Last Sunday was three weeks I was in this woman's house; I had been out; I came home again; I was down in the kitchen, she called me up stairs; I went out for half a pint of liquor; there was a man and the woman that keeps the parlour, as I came out of the parlour-door I shut the parlour door; I met a woman on the stairs, and she made towards the street; I followed her seeing somebody with her; I saw the bonnet in her hand; I took the things from her; at last I said I would call the watch; at last she gave me the things; I took this handkerchief off my neck and tied up the things, and coming back, one of those gentlemen stopped me and took me to the watch-house.

GUILTY .

Transported for seven years .

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

Reference Number: t17880910-27

523. WILLIAM WILKINS was indicted for that he (together with Richard Gwilt , not in custody) not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, on the 4th of August last, at the parish of St. Paul Covent Garden , upon Henry Newell , in the peace of God and our Lord the King, then and there being, feloniously, wilfully, and of his malice aforethought, did make an assault; and that he, with a certain wooden stick of the value of two-pence, which he in both his hands then and there had and held, in and upon the left side of the head of him the said Henry Newell , did strike and beat, giving him, by such striking and beating on the left side of the top of his head, one mortal wound of the length of two inches, and of the depth of one inch, of which said mortal wound, he the said Henry Newell , in the said Parish of Saint Paul Covent-Garden, and also in the Parish of Saint George Hanover-Square, from the said 4th of August till the 30th of the same month, did languish, and languishing did live; on which said 30th day of August, at the said parish of Saint George Hanover-Square, he the said Henry Newell , of the mortal wound aforesaid, did die; and so the jurors upon their oaths say, that the said William Wilkins him the said Henry Newell did kill and murder .

The said William Wilkins was also charged with the like felony and murder on the Coroner's inquisition.

The witnesses on both sides ordered out of court.

The indictment opened by Mr. Knowlys, and the case by Mr. Fielding, as follows:

May it please your lordship, Gentlemen of the jury; gentlemen, you are now in possession of the charge against the prisoner at the bar; the indictment which my learned friend Mr. Knowlys has stated briefly to you, imputes to him the crime of wilful murder. It becomes my duty, gentlemen, as engaged in support of this prosecution, to state to you the circumstances which gave rise to it, and to accompany those circumstances with such observations as naturally, reasonably, and necessarily belong to it; more than this I certainly shall not do.

The task I have to perform in supporting a prosecution against a man who stands at the hazard of his life, cannot be exempt from painful sensations; the duty you have to discharge, cannot be exempt from the same sensations. I am sure, when you are called upon in a case like the present, you, without any exhortation from me, will be ready to exercise all those qualities which will form the best guard and give the best protection to the accused; at the same time they will be satisfactory to the public and yourselves. In the discharge of your duty, I am sure so far as you are called upon to exercise patience and deliberation, that those qualities will be manifest; and certain I am, that all that can be expected from the exertion of your humanity, will be likewise exercised. I shall take the liberty, first, of suggesting under the correction of his lordship, the kind of crime with which the prisoner is charged; and so far as the law will evidently constitute that crime, that is what will form your principal attention; because, as I conceive, the case in point of law, comes clearly within that description which I am about to give. Gentlemen, you very well know, and you have often seen that, in every indictment for murder, it is essential to express that the crime had been committed with malice aforethought. Now the term malice, as it is commonly received in the world, differs a little from the legal acceptation of it; and indeed this description is given so satisfactorily by a learned judge, who has turned his attention particularly to the crime of homicide, that I cannot do better than merely to repeat his words.

"When a man is killed, that fact of killing

"being proved, it becomes the defendant

"himself to offer to the court

"every circumstance that can lower it

"from the crime of murder, or bring it

"within the bounds of exculpation. The

"malice which is necessary to constitute

"the crime, is not that sort of resentment

"which one is to suppose has been harboured

"in the bosom for any duration of

"time; but if the fact be committed, attended

"by these circumstances which are

"the ordinary symptoms of a wicked, depraved,

"and malignant spirit, those

"symptoms will constitute what the law

"denominates malice." Gentlemen, therefore, as falling under this description, I am to point your attention to the circumstances of the case. I do not at present conceive that there can be much doubt on the present occasion, whether the crime itself is to be lowered, as it may in many cases, to that criminality which is called manslaughter, or whether it can come within a more justifiable state of criminality. Gentlemen, on the 4th of August last, at the close of the election for Westminster, when indeed all that was passed, (for the election was over) I believe the successful candidate at that time was gone out of the Garden, there happened to be some boys collected at Wood's hotel, which is under a part of the piazza, adjoining to another house kept by a man of the name of Hudson, I believe it was about five or six, most likely near six, some boys had been troublesome to Mr. Wood, in order to which the waiter had been dispatched to procure a strength sufficient to dispel such mob as would be collected there happened to be standing there several indifferent and peaceable spectators; certainly among that number was the unfortunate deceased, he was certainly not active in any degree; he had about him at that time a little bundle, for he came on an errand to the leather sellers, he himself being a shoe-maker, and living in Shoe-Lane; with this little bundle under his arm, or perhaps in his pocket, accompanied by his wife, he was standing there an indifferent spectator. About six the prisoner, in company with a dozen or more people, came to the place; they were all provided with weapons called bludgeons; there was an uproar among them; they came on in a menacing situation; they took a situation which continued the menace, and then it was, or soon afterwards, that one of the parties whose name we are not apprized of, came to the companion of Henry Newell,

and gave a severe blow; the consequence of this blow was, that he was struck to the ground; then the unfortunate man, Henry Newell, in the friendly act of assisting him, endeavouring to raise him from the ground, received a blow on the head from one of the party; as he was reeling, in consequence of this blow, he received another on the left side of the head from the prisoner; this blow of course brought him to the ground. I shall not only prove to you that the blow so given came from the prisoner, but that the unaccountable words made use of on that occasion, and which came from his mouth; damn him, or damn us, or words to that effect, let us kill him; they were in that state of intemperance, the mind which was carried beyond its proper bounds, at the same time not into any situation where the least apology can arise in a court of justice; but from a situation of mind like that alone could precede the words I have described. After he had given him this blow on the left side of the head, and the man was brought to the ground in consequence of that, he repeated a blow on his loins. Now it happened, gentlemen, what I am happy to record, that though the very people who came up with him, and who came most likely with some degree of mischief in their minds, when they saw it was likely that death should follow from this blow, they endeavoured to recede, the humanity of an English populace immediately took place, the poor unhappy being had as much assistance as could be given him on that occasion, and very nearly at the same instant several people secured the prisoner. Now, clear it is, if I am correct in the statement, that whoever struck the blow on the head, if the death is occasioned by that blow, there cannot be a doubt but that the perpetrator of that crime is guilty of the murder; your consideration therefore is, whether this be or not the man, and whether he be properly charged with the crime. I have described the man of the name of Dawson who saw this, who had an opportunity of taking an ample view of the transaction; he went immediately to Sir Sampson Wright's, thinking there was a possibility of getting more ample assistance there for the apprehension of the offender; while he was gone another man who was there, and whom I will call, desiring to interfere with the apprehension of the man, the mob saved him the trouble, he was taken into custody and carried before Sir Sampson; when before Sir Sampson, Sir Sampson, of course, examined the witnesses that appeared there, among those witnesses was Dawson; the account Dawson gave there, it is fit I should now state to you, differs, that is, it is not so full as the account he gave afterwards before the Coroner and the account he means to give to-day. - Now gentlemen, it is fit I should observe to you on this, that in a scene of that sort there must be much confusion, any further than pointing your attention to that circumstance I shall not go; I shall not make use of any strained inference which may attempt to give fuller weight to the evidence, than it may seem to deserve; the confusion of that situation at the justices you will consequently observe, you will therefore see whether it be likely or not, or whether the unliklihood of the circumstance is of that nature so as to make you hesitate at all as to the degree of full credit which you would otherwise give to the witness; if you think it likely that the man there gave his testimoney in the hurry and confusion, or that the Justice did not interrogate the man as much as he might, you perhaps would expect a more full account from that man when he came to the full state of the business; on so solemn an occasion as the present, you will attend not only to him but to every witness, with all that presumption, I was about to say of humanity, which may ultimately turn to the favour of the prisoner; you will weigh his testimony deliberately; you will observe his manner, and sure I am, that nothing more than the proper degree of credit will be given to any witness that may be called, either on one side or the other; after this, you will have the testimony of anotherman who saw the transaction; if they are right in their deposition if, they are right in their evidence that they mean to give today; then there is no doubt; there will be no doubt, but that the blow of which this poor being died, was given by the man at the bar; there will be as little doubt of the application of the law to it, but what he is guilty of the crime of murder. - Gentlemen, concerned as I was, and concerned as a friend in my eye was in the election for Westminster, I take it for granted, that both he and myself are most happy that this is not a case that happened during the continuance of the Election; it was a matter that happened subsequent, therefore there can be no view of party in the business, and whatever view there might be of party, if it had been a murder during the continuance of the poll, when we resort here we have an opportunity of satisfying our minds; for here it is where we can contemplate the most stedfast part of this constitution, party spirit has never, even by the most calumnious, been supposed to have pervaded the reverend bench of judgment; the administration of justice in this country is not only our pride, but the envy of the world; therefore, whatever view there might have been in promoting a prosecution of any sort, when it comes here, party spirit must lose its operation; the judge directing and the jury trying now, and for an age past, have always met in every instance with the approbation of the country; - therefore, gentlemen, I say that my friend and myself who were engaged on different sides indeed, during the continuance of the Westminster election, I am sure are happy both of us that this is not a matter which may seem to involve any party spirit; the fact I have related to you calls loud on some one to promote an enquiry into the fact, that is the only wish that any person can have who is at the bottom of this prosecution; fit it is, on the death of a man that the death should be enquired into; if it be, as it is my duty to suggest it is, a death occasioned by the blow from the prisoner, then it is a most foul murder, and if you should be satisfied that the facts are such, you cannot hesitate in pronouncing him guilty of murder, for where murder is committed, the punishment that must follow by the law of the land, is certainly sanctioned by the law of God, and therefore, gentlemen, certain I am that with that patient deliberation, without your minds being inflamed in any degree whatever turning to the prisoner, if you please, and supposing him innocent till he is proved guilty, you, I am sure, will attend to the witnesses with all those qualities that are about you, and your verdict will give satisfaction to every body that is in this Court, and will, I am sure, be equally satisfactory to every person that promotes this prosecution. Gentleman, I have not troubled you with a statement of the evidence, which will come from the professional men, because I think it better they should deliver their opinions without any anticipation of mine.

JAMES DAWSON sworn.

I live at No. 258, Whitechapel-road; I am a porter.

How were you employed on the 4th of August last? - In carrying the staves of the constables of the parish of Whitechapel, to Covent-garden.

How long were you in Covent-garden during that day? - From nine in the morning till eight in the evening.

Did you observe any thing particular on that day? - After the election was over, boys picked up cabbage-stalks and other things about the market.

About what time in the day was it that you observed this? - It wanted, I believe, about a quarter to six in the evening.

Tell us what followed? - With these boys hearing things at Mr. Wood's hotel by the piazza, some people came up with sticks and bludgeons.

How many do you think there might be? - A dozen, fourteen, or eighteen of them.

Did you know any of them? - No, I did not.

Have you seen any of them since that time? - I have seen none of them but the prisoner at the bar.

Was the prisoner at the bar one of them? - He was Sir.

Are you sure that he was one of them? - Yes, I am.

Have you seen any other of them since? - One Went, a tall stout man.

Did you know Henry Newell , the deceased? - I knew him by sight, with seeing him.

Did you see him there that evening? - Yes, about half an hour or better before he received the blow.

In what situation was the deceased, and how was he conducting himself? - This mob with their bludgeons, were standing a little on the side of Wood's hotel, coming in a terrible rage from the street that is the side of Wood's hotel.

Where was the deceased standing? - He was standing just by the piazza.

Court. Then it seems they stood at the piazza; was it within the piazza or without? - Out of the piazza.

You came up, you say, from the street? - Yes.

Mr. Knowlys. What did you observe then? - These people coming in a terrible rage, with their sticks and bludgeons in their hands.

Was the prisoner one of those persons? - Yes, those people coming in a terrible rage, worked themselves in a kind of circle, and when they had worked themselves in a circle, some people that were in the crowd, called out Hood! the people with their bludgeons in their hands, saying, Lord Hood! they said, the first that offered to molest them, they would clear the way before them; which they did not give any body time to molest them; which the people with the bludgeons had got hold of a man by the coat, and went to pull the man into the circle they had worked themselves in; which man the people of the crowd got away from them; they then instantly struck at any one they could come nigh; which they struck one man over the arm, who defended the blow, and fell back at the people's feet; which said Henry Newell , the deceased, went to stoop to pick him up, and while in that posture, some man being rather behind him, struck him a blow on the head; which blow caused the deceased to reel, I believe, about a foot, or it might be rather better; which blow would, I believe, have brought him to the ground; while he was on the reel, the prisoner at the bar came a little before him, with a stick in his right hand, and struck him on the head on the left side; which said blow brought him on his hands and knees; the prisoner at the bar, then said, with an oath d - n him, or d - n us, we will kill him, or let us kill him, and immediately struck him a blow across the loins with a stick he had in his hand.

What became of the deceased then? - which blow brought him all along the ground.

Did you observe the stick? - When I saw the person lie on the ground, I instantly ran to the officers of Whitechapel parish, who I knew were at Mr. Bowman's, the Brown Bear , in Bow-street; they saying that there were so few of them, and such a crowd they could be of no use, but told me to go to Sir Sampson Wright's; which Sir Sampson told me to get the person's name that struck the blow on the deceased, or watch where he went to; which when I went back to get his name, or watch where he went to, I saw some man have him by the collar, but who I do not know; I then laid hold of the prisoner till some of our officers came up; seeing me go, and seeing I had hold of the person, they then came up to my assistance; we took him to Sir Sampson Wright's office in Bow-street.

Court. Did you go with them? - Yes.

Was you examined that day? - Yes, the prisoner was committed afterwards.

Mr. Knowlys. How was the office at that time? - There were a good many people in it.

Now at the time that Newell received that blow how was he behaving himself? -

He did not say a word to any one, nor molest any body.

How was he dressed? - He was dressed in a brown coat, dark coloured hair, I believe it to be tied in a pig tail; I then departed and went home; this was on Monday night, and Sir Sampson told me to be at his office the next day, which I did.

Did you ever see the deceased again? - Not till the night I saw him when the coroner's jury sat upon him in park-lane.

What day was that? - That was last Monday was a fortnight.

Did you know him then? - Yes, immediately.

Who was there? - The doctor that dressed him, Mr. Gibbs, and the two surgeons.

Do you know their names? - No.

Are you positive as to the person of the prisoner? - Yes I am.

Did you observe the stick? - I did not take very particular notice of his stick, but I believe it to be a piece of a broom stick.

Do you know what became of that stick? - It was thrown away, but I do not know what became of it.

Who threw it away? - The prisoner threw it away into the circle which they had worked, immediately, as soon as the blow was struck.

(Cross examined by Mr. Silvester.)

What are you, Dawson? - A porter.

Not bred to any business? - No.

A housekeeper? - No, I live with my father and mother.

What business is your father? - He is houseman at Whitechapel watch-house.

Are you a porter to any body? - I am a porter to the brokers, or any body that wants portering work done.

You are not a porter of the city of London? - No.

Not do not ply at any particular place? - No.

But if he comes into Whitechapel you will go of an errand? - Yes.

Therefore your business is merely casual? - No, they come to my house.

It is not your house? - It is where I am to be found; my father rents a house in Whitechapel parish.

Upon this day you was employed by what you call your watchmen, your officers; what makes you call them so? - By the officers of Whitechapel parish, to carry their staves; I belong to the watch-house myself.

You had been from eight in the morning till nine at night in Covent-garden? - No, Sir, I had not; I had been from nine in the morning till nine at night; I was kept two hours at Sir Sampson Wright's.

In the Garden, doing no one single thing? - I was with the constables, holding their staves while they went to dinner or any other place.

Then you was present when these boys were making a disturbance at Wood's hotel? - Yes.

There were then but a few boys picking up cabbage-stalks? - Yes, Sir; any thing they could find.

Then they might be brick-bats? - I was under the piazza.

How came you not to go for your officers then? - Because I thought the officers were there.

No, that could not be; because you had their sticks, and you knew they were at the Brown-bear? - Not at that time; I had none of their sticks in custody.

How came you to say that the constables were there? - The constables were there all the morning.

Yes, but this was all over in the afternoon; there were no cockades, nor any party-people there then? - No.

The constables were at the ale-house, drinking? - They might be eating or drinking; I had not their staves all day in my hands.

Were not the shutters put up at Woods? - Yes.

And at the other houses? - I did not ask about other houses.

Mr. Sylvester. Don't be so pert. - I am not pert; I only answer your question.

Did not they break the windows and shutters? - They broke the windows; I do not know for the shutters.

Did none of your constables interfere? - Sir, they were at other places.

Where were they then? - Why, Sir, they sent for them? - they expected the corner house, the Unicorn, to be pulled down.

Where is the Unicorn? - The corner of Henrietta-street.

Did you go to them there? - No.

Then you do not know they were there? - Yes I do.

Did you send for them? - No.

This man you did not know before? - No, I did not.

Never saw him in your life before? - No, I did not.

Nor the deceased before? - No; only I saw him about half an hour before, but not before that evening.

Now the deceased was standing there perfectly quiet for half an hour? - Yes.

Who was the deceased with? - I do not know who he was with; he was in the crowd when I first saw him; he was standing at the corner of the piazza; but when he received the blow, he was in the crowd; I do not know how he came to be in the crowd, I was three or four just aside of him.

Court. What number of people do you suppose there might be there? - There might be two or three hundred.

And out of this two or three hundred there were twelve, fourteen, or eighteen with sticks? - Yes.

There were no party cockades at all? - Not that I saw.

Therefore there was no distinction on which side the man was? - No.

Was you on that side which was in the procession? - I should not have gone on neither side; I was there attending the constables four days during the election.

You had no cockade yourself, I suppose? - No.

Now, when you came back, you found the prisoner in the custody of some man? - Yes.

Who is that man? - That I do not know; the prisoner and I were down several times I suppose; when he was pushed about in the manner he was, he was afraid of getting his brains knocked out; these men with bludgeons, when they came back from Sir Sampson's, I saw some running one way, and some another.

The man who had hold of him did not go with him to the constable at Bow-street? - No, Sir.

That man had no bludgeon in his hand? - No, Sir, he had not; for instantly as he struck the man, he threw his bludgeon away.

What! threw it over the crowd? - Over the people's heads, into the further part of the ring.

So as to get rid of it? - Yes, so as to get rid of it.

Mr. Silvester. This was so notorious a fact, it must be seen by every body? - Every body was not there.

How came you just now to tell us, that he threw it into the circle? - Because when he threw it out of his hand, it went to the further part of the circle; they worked themselves into a circle.

Now this circumstance was so remarkable that you immediately mentioned it, I take it for granted? - Yes, Sir, I did.

You mentioned it immediately at Bow-street? - No, I did not.

How came you not to mention it? - Because there was such a noise and disturbance I did not mention it; besides I was not asked the question.

Now a month after that, you was examined before the coroner? - Yes.

Did you mention it then? - No, I did not; because I was not asked.

There was no noise and confusion there, you know? - There was more noise and confusion than what ought to have been.

Now, when you was examined the 2d of September, did you mention it then? - No, I did not.

Then this is the first time you ever mentioned that circumstance? - It is the first time, because it is the first time the question was ever put to me.

Now you say that the prisoner struck him on the head? - Yes.

Did you mention that before the justice? - Yes.

The first time? - I did.

And you mean to say that you gave exactly the same account the first time, you did the second, third, and now? - Yes, to the best of my knowledge.

Court. When you came before the justice the first time, did you mention that the prisoner struck the deceased on the head? - Yes, Sir, I did; I mentioned it to the clerk who took down the examination.

Mr. Silvester. Now you have said today that the blows he gave him on the loins brought him to the ground? - It brought him all along to the ground; he was on his hands and knees before.

Therefore he was not down on the ground till he received that blow on his loins? - He was not; he was on his side.

You mentioned that? - Yes; I mentioned that.

You mean to swear that? - Yes, I do.

You mentioned that Wilkins first of all struck him on the head, and when he was on his hands and knees, he was brought all along to the ground, now, as you have told us, did you give the same account; do you mean to say that, on the first time of examination you ever accused the man of striking him on the head at all; now, Sir, upon your oath, if you have any regard for that? - Before Sir Sampson Wright, before the clerk at Sir Sampson's, I said the man was struck on the head the first blow, by a person or persons unknown; the second blow was struck by William Wilkins on the head.

Now I caution you, that what you said was taken down in writing, and the clerk is here; will you stick to it? - I did say so; I can stand to it.

Upon your oath, did you ever charge Wilkins with having struck the deceased a blow on the head, before you heard that the deceased died with the blow on the head, either from the surgeon, or some person or other; did you ever make that charge till you came before the coroner's jury? - Yes I did.

The question repeated. - To the best of my knowledge, I told the clerk at Sir Sampson's that the man received a blow on the head before he received a blow on the loins.

Did you ever charge Wilkins, that man whom you now chuse to accuse, did you ever charge him with striking the deceased a blow on the head, till you heard the man died of a blow on the head? - Yes, I did.

When, and where? - At Sir Sampson Wright's.

To Dawson. Is that your hand-writing? - Yes.

That was taken before Sir Sampson Wright from you was it not?

Court. Now gentlemen of the jury, you will please to observe, that in that part where he charges the blow on the head, there was a correction made by the clerk, and it is put in over it, so that that makes it manifest to me, that the clerk was endeavouring to be as correct and exact as possible, from the month of the witness.

"The information of James Dawson ,

"No. 258, Whitechapel-road, labourer,

"taken before me this 4th day of August,

"1788, who being examined, says, that

"about six this evening, this informant

"was in Covent-garden market, at which

"time the person now present, who calls

"himself William Wilkins , with a large

"stick in his hand, at the head of about

"twelve or eighteen persons, came into

"Covent-garden; that said Wilkins said

"he did not care for any of Hood's party;

"that soon after a person in company

"with said Wilkins, struck a man on the

"head, and knocked him down; that

"when the said man lay on the ground,

" the said Wilkins struck him on the loins

"with a stick he said Wilkins had in his

"hand, saying, at the same time, damn

"him, we will kill him; that this informant

"immediately applied to the peace officer

"and caused the said Wilkins to be

"secured; he further says, it was generally

"reported that said man was dead." Sworn before me the day and year aforesaid. (Signed) James Dawson .

Shewn to the jury by the desire of the judge.

Court. Now, gentlemen, it so happens that Sir Sampson Wright's clerk is come into this court since, I shall be glad to have him examined.

JOSEPH HILL sworn.

Court. Look at that examination (looks at it.) This is the examination of Dawson.

Did you take that examination? - I did.

Did you read over to this man after you had taken it? - I did.

I should be glad to know of you, whether he at that time, on the 4th of August in the evening, mentioned any thing of the prisoner Wilkins having struck the deceased on the head? - From my recollection I have not read this; I think he said nothing of Wilkins's striking him on the head but on the loins.

That is very correct, now read it over, (reads it over).

Court. I now observe the words knock him down, are over some words, what were those words? - The original words were and fell said man to the ground instead of that you have substituted knock him down? - Yes.

Now the question is, did this man say that Wilkins, the prisoner, struck him a blow on the head? - I do not recollect that he said any such thing; I perfectly recollect that he said he struck him on the loins.

Do you think if he had made use of such an expression you should have omitted it? - I think not, because I was very attentive at the time; I thought he had been the man that was hurt at the time, and not the person to make the accusation.

Mr. Fielding to Hill. At the time when Wilkins came there, was there any great crowd at the office? - Not at the time he was brought in; there were only three or four in the office, but a great many people came in with him, the office was entirely full; Mr. Addington examined him, Mr. Addington put the questions to him.

Then what was taken down, was given as answers to questions that Mr. Addington put? - Yes.

Then Mr. Addington having put the questions, and the man's giving an answer, you took that answer down? - Yes.

As to some part of it, he told his tale merely as it is there, the magistrates put the questions to him? - Yes.

He gave answers to those questions? - Yes.

Did you note down the answers? - Not directly; as to all the answers, Mr. Addington went more fully than it is there as to the number of people, and many other things.

Then you of course did not take down all the answers he gave to the questions? Not all the answers, but as to the blow the man received I did.

But, however, the fact is, that much more passed between Mr. Addington and the witness than you took down? - Yes.

Mr. Garrow. Did you, however, insert any fact that you did not collect from the mouth of the witness? - No I certainly did not.

Mr. Fielding. You have a minute book at the office? - Yes.

Did you take down the answers of this man in the book or on the paper? - On that paper and not in the book; there is an entry of the charge made against it as a minute, that he was charged on such a day, on suspicion of beating that man in a dangerous manner.

Is it not the custom with you at the office to take down the examination in a book which you preserve at the office? - Sometimes.

How came you to vary from it at this time? - It is not particularly at this time,

for now Mr. Addington will not know on account of the books being brought here.

Mr. Hill. That is the first and original information of Dawson.

Mr. Fielding. And there was a good deal more passed between Mr. Addington and Dawson, more than what you have taken down? - Yes, but it was not material.

Do you recollect any one question that Mr. Addington asked that you did not take down? - If he knew the people that stood about at the time of this beating; his answer was that he did not.

Any other question? - I do not recollect any thing particular.

Does your memory serve you to speak with accuracy, and upon oath, as to the circumstances that did pass or did not? -

As to that, it was I conceive the reason of Mr. Addington's asking the question was, whether there were any other witnesses that could come in aid.

Mr. Garrow. Mr. Addington or Sir Sampson, as the fact is, correctly heard this witness's tale? - Yes.

When he wanted any explanation of that story, he asked questions, and the witness gave answers? - Yes, if they appeared to be material, they were committed to writing; I did that under the superintendance of the magistrate, it was afterwards read to the witness.

Did you in that examination insert any fact that was not collected from the witness? - Certainly not; those words fell to the ground, were rather uncouth words.

When it was read over to him, did he suggest to you, that you had omitted that material part, that the prisoner had struck the man over the head? - No.

Mr. Silvester to Dawson. I only wish that the jury should have a full view of this business; you attended before the coroner? - Yes.

You know Gwilt? - Yes, I saw him in the crowd.

Did you hear him examined before the coroner? - No, I was out when he went in to be examined?

Mr. Cockayne, the solicitor, attended with his witnesses? - Yes.

That is the same man that stands indicted now, is not it, do you recollect that because that gentleman read the name of Gwilt just now? - I do not know it.

Have not you heard his name? - I do not know that I have heard his name.

I believe the coroner knew a little of you, did not he? - The coroner know a little of me!

The coroner's jury did, why they did not believe you, did they? - Believe me!

Do not you know that Gwilt was a public waiter at Wood's hotel? - I do not know that he was, nor I do not know that he was not.

Why you saw him before the coroner? - I was not in the room.

Was he accused by any body? - I do not know.

Was not he visible on the Monday? - I cannot tell; he might or he might not.

Was in on Tuesday? - I cannot say when it was; he went into the room to be examined.

Did you see him at all at Covent-garden? - Yes, I did, that was the first time I did see him.

How came you not to mention his name before the justice? - So I did; Sir Sampson sent the constable of Kensington division with me to take that Gwilt.

Then how came you not to accuse him before the coroner? I did not know I had any right to do it.

Why did not you tell Mr. Cockayne the solicitor, that he was a murderer? - Gwilt did not strike the man, but he was at the head of the mob.

Mr. Garrow. Do not you know that Gwilt who was examined as a witness before the coroner; and where evidence would have exculpated this man; was indicted that he might not be a witness for Wilkins? - I do not know it.

Has nobody ever told you so? - No.

You never had any conversation of that sort with any body? - No, I had not;

I never had, but I have witnesses here to prove.

Mr. Silvester. What, is it your prosecution? how much have you for coming here? - My labour for my pains.

And you have not been paid at all? - No, I have not.

You was not paid for your attendance before the coroner? - I was paid for my day's work; I was paid nothing since.

Mr. Garrow. How much was you paid on the whole for this job of journey-work that you was to do for the parties.

Court to Hill. I think you said, you took down every thing relative to the blows? - Yes, every thing relative to the blows.

Mr. Fielding. My lord, you know I know nothing of this witness, therefore it is impossible I can anticipate what they say, I can only go through the witnesses and see what they will prove.

WILLIAM STALLMAN sworn.

(Examined by Mr. Fielding.)

What are you, Mr. Stallman? - A taylor.

Where do you live? - At No. 23, in Kirby-street.

Tell my lord and the gentlemen of the jury, whether you were in Covent-garden on the 4th of August? - The 4th of August I was there, the last day of the poll.

What time in the evening? - I believe it was between five and six when I went, or pretty near thereabouts.

Did you go near to the piazza that joins Hudson's hotel? - Yes.

There you were between five and six? - Yes.

When you was there, did you see the deceased, Newell? - Yes.

You saw him? - Yes.

In what situation was he at that time? - The first time I saw him, he was reeling with his head towards the kennel.

Did you know the prisoner? - Yes.

Who was in company with the prisoner at the bar? - There was some more in company, but I did not notice any one in particular.

About how many were in company with him? - A good many, I cannot say how many.

Had he any stick in his hand? - Yes.

Had the rest who were with him any sticks? - Some of them had.

He had a stick in his hand? - Yes.

Are you sure of his person, my man? - Yes, sir.

You are positive of it? - Yes, I am.

Do you know what made the deceased reel? - I cannot tell, I did not see what made him reel.

Now what passed between the prisoner at the bar and the deceased when he was reeling, if any thing did pass? - He hit him a knock on the head.

With what? - With a stick he had in his hand.

Now are you positive that the prisoner at the bar struck the deceased a blow on the head? - Yes, sir.

That you are positive of? - Yes.

When he had given him that blow on the head what followed? - The mob pressed forward, and I saw he had a stick an end, but what passed I do not know.

You lost sight of the deceased, did you? - I did not lose sight of him, he was lame, I could see him if I chose to move.

What became of the prisoner? - He pressed a little forwards, then somebody attempted to lay hold of him, and they jostled all along the piazza into James-street.

Did you follow them? - Yes, I went before them.

What became of you? - I stood at the end of the other piazza.

What became of the prisoner then? - They got fast hold of him, there was a bit of a scuffle, and he threw his stick away.

Where were they at that time? - In James-street.

What did they do with him afterwards? - They led him all along to Bow-street.

Did you go with him? - I went along with them.

Did you go into the office? - No, sir, I stood at the door.

What because of the deceased? - I do not know, I saw no more of him.

When you first saw the deceased, was he reeling? - Yes.

And then you say you are positive that this man struck him a blow on the head with a stick that he had? - Yes, there was a scuffle, and they jostled him on to the end of the piazza, and afterwards carried him to Bow-street.

Do you know on which side of the head the blow was struck by Wilkins? - I believe it was on the left side of the head, because his face was next King-street.

Mr. Garrow. How came they to know that you could give any evidence on this occasion? - I do not know.

To whom was it that you first told your story? - I had mentioned it, that I had seen such a thing to several people.

When were you applied to? - It was one day this week, I do not know, it was either Monday or Tuesday.

Where was the application made to you? - The first application.

Where did they find you out? - Why, a gentleman took me to the solicitor's chambers.

What solicitor's chambers? - Mr. Cockayne's.

Was you examined before the coroner? - No.

Who was the person that took you to the solicitor's? - Mr. Hughson.

Mr. Fielding. He was the surgeon that dressed the wound? - Yes.

And he lives in James-street; I only ask you this, and for God's sake do not go beyond the truth; do not go beyond your knowledge; are first of all you sure of the person of the prisoner at the bar? - Yes, I remember his face.

Was he the person that gave the blow you described? - Yes, he gave one blow.

He gave one blow on the head, and that as you think was on the left side of the head? - Yes.

Mr. Garrow. I'll trouble you to raise your voice a little; you are a taylor? - Yes, I am.

How long have you been acquainted with Mr. Hughson? - Not above a fortnight, I believe.

How long ago may it be since you mentioned it to Hughson that you had seen such a thing? - I did not mention it at all; there was one of Mr. Townshend's letters of thanks lying on the counter, and I happened to read it.

Not a letter of thanks to Mr. Hughson; why that is the gentleman that signs all the lists of the killed and wounded, that never were killed or wounded? - I do not know what he signs.

He carried you to the chambers of Mr. Cockayne, of Lyons Inn? - Yes.

The gentleman who stands here, the solicitor? - Yes.

Was that before or after the coroner sat on this poor man, that he took you to Mr. Cockayne's? - Why, I knew nothing about it whether the man was living or dead, or whether the coroner had sat upon him; what did you say, sir, Did you mean to ask me whether I knew that the man was living or dead at that time?

I ask you whether when you went to Mr. Cockayne's, the man was dead or not? - Oh, he was dead.

How dared you then to tell me just now, that you knew nothing about it whether he was living or dead? - They told me so.

Why you did not know the deceased? - No, I never saw him but that time.

Now as he was dead, had the coroner sat upon his body? - It is a question that I never asked him.

Upon your oath, sir, did not Hughson tell you the day you went before the coroner, that the man was dead of a blow on his head on the left side? - I do not know who told me.

Hughson did not carry you to the coroner? - No.

Was it Mr. Hughson or Mr. Cockayne, told you the man was dead of a blow on his head? - I do not know who told me.

Which of the two was it? - I knew the man hit him on the left side of his head.

Which of the two, Hughson the surgeon, or Cockayne the attorney, told you the man died of a blow on the left side of the head, because we all saw you looking at the gentleman? - I really do not know who told me.

How long ago is it since you learned it? - I did not know that he did die of a blow on the left side of the head.

When for the first time did you hear it? - I believe it was at Hick's-hall.

That was before you went before the grand jury? - Yes.

Now I warn you, I know just as well as you; was it not as you were going into the grand jury that you were told? - No, I was not.

Was not you told at that time by Cockayne, that he died of a blow on the left side of the head? - No, sir, I heard the other surgeon say, that he died of a blow on the left side of the head, it was not Mr. Hughson.

Was Hughson present? - No.

Was Cockayne present? - No, he was not.

Which of the surgeons was it, for they are not so numerous? - It was the young man.

Who, Mr. Kibble, his assistant? - No it was a young man from the hospital.

He told you just before you went in? -

It was some time before I went in; he was not directing his discourse to me.

Who were present, tell us that, and we will soon find a chairman? - I cannot say who was present besides himself, there was somebody else present.

Was he in company with you in soliloquy; was that the sort of thing? - I do not know.

Repeat the conversation? - He had a piece of a skull in his pocket.

That is as all lecturers should have; then he was explaining to you the operation of the trapan? - No he did not say that was the means, but he was shewing what a thickness a scull was.

How did that lead to any conversation about this man's dying with a blow on the left side of his scull? - He did not tell me that this man died of a blow on the left side of his scull, he did not tell me that it was that blow that I saw the man give.

Did not he tell you it was a blow on the left side of the scull that occasioned the death? - Yes he did.

A surgeon does not usually throw away his science on a taylor? - I cannot say, he was talking about one thing or another, and he said promiscuously that he died of a blow on the left side of the scull.

This happened as long ago as the 4th of August? - Yes.

You knew they had nobody but that solitary watch-house man, Mr. Dawson, why not help them out at a dead lift? - I knew nothing about it.

Court. I wish you would ask him another question, that is, why he did not go into Sir Sampson Wright's at the time of the accident.

Mr. Garrow. How long did you stay at the door of Sir Sampson Wright's? - I believe it was half an hour.

Had you any friend with you? - No, the gentleman that was my friend was gone in.

What was his name? - Mr. Swift.

Did you wait till Mr. Swift came out? - Yes.

The remainder of this Trial will appear in the next Part, which will be published in a few days.

N. B. The next part will contain the remarkable Trial of BARTON DORRINGTON , for a Rape; and also the remarkable Trials of ANN BREAN , for the murder of her Bastard Child; and of RACHAEL HARMER , and another for the murder of her legitimate new born Infant.

Reference Number: t17880910-27

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 10th of SEPTEMBER, 1788, and the following Days;

Being the SEVENTH 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 VII. PART III.

LONDON:

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

MDCCLXXXVIII.

THE WHOLE PROCEEDINGS UPON THE

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

Continuation of the Trial of Richard Wilkins .

Was Swift examined before Sir Sampson Wright? - No, he said the justice was not come.

Do you mean to say that you went away before the justice came? - Yes.

How happened it, that you did not go into Sir Sampson's? - the office was very full of people; and we went home directly.

So you kept this snug, till you became acquainted with Mr. Hughson? - He is no acquaintance of mine; I went in to buy some medicines.

And so promiscuously you got acquainted with him? - Yes.

How came you to go there, was it the nearest shop? - No, I went in promiscuously.

Give these honest men the reason? - The reason was, I had been in Shug-lane, about some business; and I saw this shop; and called in to buy some medicines.

How many shops had you passed? - I do not know.

None of the others were so tempting as this deadly apothecary! this Mr. Hughson! the man who deals in the lists of killed and wounded! - I did not know any thing of it.

What medicine was it to buy? - Two pennyworth of salts.

Was Swift near you during the time that this accident happened? - Yes, Sir, he was.

How near was he to you? - I cannot say; four or five yards.

How much nearer was Swift to the man that was knocked down, than you was? -

I cannot say; I do not know whether he was nearer me or not; he was wide of me.

Which had the best opportunity of seeing things? - I cannot say.

Do not you know that he had? - No, I do not.

This man, after he had struck the deceased, raised his stick an end? - Yes.

How many people might he strike with it after the deceased? - None that I know of.

How did he get old of his stick; did the people take it from him in the scuffle? - he threw it away.

How many minutes might he be going to James-street? - I suppose, it might be five, or seven, or ten minutes.

Now attend to this, which shall be the only question I shall put to you; are you sure Swift was there? - Yes.

Swift was at the office? - Yes.

They carried Swift to Mr. Cockayne? - Yes.

Mr. Garrow. Swift is not in the list of witnesses, delivered in by the solicitor of the prosecution to day, though he is on the back of the bill.

Was not Swift with you before the grand jury? - Yes.

Was you present when Swift was examined by Cockayne the attorney? - No.

Has he never told you, that as an honest man, he must swear that was not the person that struck the blow? - No, he never told me so.

Did not he say, that if he was examined upon oath, he must say, that was not the man, but that it was another man; which is the reason he is not here to day? - No, he never did; he said that there was another man struck him.

When did you see this man since the 4th of August? - Never till such time as they sent me here to see him.

Who sent you to see him? - Mr. - I forget the gentleman's name.

Mr. Cockayne; he sent you to Newgate to see him? - Yes.

Had you ever seen him in the course of your life before the 4th of August? - No, I cannot say I ever had.

Court. Have you any other witnesses to the fact, Mr. Fielding.

Mr. Fielding. We have the evidence of the surgeon, that he died of the blow.

Court. But you must first of all prove that the prisoner killed him.

Court. Gentlemen of the jury; I profess to you very plainly, that what I am about to say, is not with the least view to save myself from any fatigue; I certainly, if I saw any just occasion, would sit here till to-morrow morning to have this affair solemnly discussed; but people's lives are not to be taken away by such sort of evidence, which I own, does not convey much satisfaction to my mind; but it is in the hands of the jury; and if they will say, that they are satisfied, that they can convict this prisoner, why then the surgeon must be called for; this is the whole evidence as to the fact; if you should say, that you cannot satisfy yourselves to convict the prisoner on this evidence, it will be mis-spending the time of the court to go on; if you think here is a case laid before you to go further into the trial, very well; but you have the complete evidence of the fact before you, be so good to give the court an information, gentlemen, of your opinion upon that.

Jury. We are fully satisfied my lord, that the evidence does not amount to certain proof of murder, or any thing relating to it.

NOT GUILTY .

Court. There is no imputation on the coroner; and I must say that there is great candor in the prosecutors not to press the thing further.

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

524. RICHARD GWILT was indicted, on the Monday following, for the above murder, and there being no evidence he was ACQUITTED .

Tried by the first Middlesex Jury before Mr. justice RECORDER.

Reference Number: t17880910-28

525. MARTHA DANIELS was indicted for stealing, on the 28th of June ,

a cotton gown, value 5 s. a cloth waistcoat, value 3 d. a pair of stockings, value 1 d. two linen handkerchiefs, value 2 d. a small frock, value 2 d. a piece of woollen cloth, value 2 d. a silk handkerchief, value 1 d. the property of John Stevens .

JOHN STEVENS sworn.

I live in Old Brentford; on the 28th of June last, I lost the things in the indictment, the prisoner was nursing my wife, who was ill of the small-pox; all the things were in one room.

HENRY MATCHAM sworn.

I am a basket-maker; I took the prisoner about half past ten, on Saturday night, the 28th of last June, near the chapel at Old Brentford; the prosecutor's wife saw the prisoner throw the bundle out of window, and called to me to go after her; I did, and took her with the bundle under her arm; I asked her what she had; she said, her own things.

MARY STEVENS sworn.

I saw the prisoner throw the bundle out of window as I was sitting up in my bed; it was the 28th of June; I did not know what it contained; I called to Henry Matcham , and desired him to go and see what she had got; and they both pursued her immediately, and she was taken.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17880910-29

526. JANE COOPER was indicted for stealing, on the 21st of August , half a guinea, and five half crowns , the property of John Jordan .

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17880910-30

527. JOHN SENNIER , otherwise SENIOR was indicted for feloniously stealing on the 18th of July , at the Middle Temple , one window casement, made of iron, lead, and glass, value 2 s. 6 d. one other casement, value 2 s. the property of Fletcher, Lord , Grantley , Henry Partridge , Esq ; and others fixed to a certain building of theirs , situate in Elm-court, Middle Temple, known by No. 1. he having no title, or claim of title to the same.

And several other counts, charging him with the said felony, only laying it in different ways.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17880910-31

528. THOMAS CHAPMAN was indicted for stealing, on the 27th day of August , twelve yards of rope, value 3 s. the property of Jonathan Story .

JONATHAN STORY sworn.

The prisoner came on board my ship, the St. Mary's Planter, to work; he came on board I think on Wednesday was a fortnight in the morning, he came to discharge a cargo; we lost a small quantity of old rope of no great value; we missed it that morning; I was down in my cabin, and the boy came and told me the prisoner had taken some rope from the ship; the prisoner was in the boat; I called him to come back, and he would not; either he or the waterman made answer, that the rope did not come out of my ship, and they pulled on shore, and took the rope with them; the rope has never been seen since, I saw it the day before, it was a piece of old buoy rope, about four or five fathom long; the prisoner was taken up the next day.

MARTIN REARDON sworn.

On Wednesday morning as we were at work, I saw the prisoner go over the gangway

in a hurry; I looked over the ship's side, and saw him with a piece of rope in the boat; he had been discharged, and came on board the ship afterwards; I knew the rope very well; there were particular marks upon it, the end of it was served with spun-yarn; he was called to stop, but he would not; I do not suppose it was worth three shillings.

Can you say you are sure it was your buoy-rope that was in the boat? - Yes.

JOHN WILLIAMSON sworn.

He was working with me in the morning, I paid him off at breakfast-time, and about ten he came on board; I was out of sight of the man that called after him in the boat.

RICHARD SIDNEY sworn.

On Wednesday fortnight the prisoner was drinking at a public house between nine and ten, he employed me to row him on board the St. Mary Planter; he returned down the ship's gangway with a piece of rope; he laid it down in the boat; I heard a noise in the ship; he said, it is none of their rope, row me to Shadwell-dock; but before the boat got to the stairs, he sprung into another boat, and run up the stairs; I asked him for my fare, and he damned my eyes; whether he threw the rope into the water or took it with him, I cannot say.

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

Jury to Sidney. Why did not you row back to the ship? - I did not see the boat after me; when I saw the boat after me the prisoner sprung out.

Prisoner. He heard them call, and he answered, damn your eyes, if they want me let them come after me.

GUILTY .

Being very ill he was ordered to be privately whipped and discharged.

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17880910-32

529. WILLIAM BASSET was indicted for stealing on the 22d of July one cloth great coat, value 12 d. two scarlet cloth cloaks, value 2 s. and one napkin, value 6 d. the property of John Mason .

JOHN MASON sworn.

On the 22d of July I lost the things in the indictment, between twelve and one.

MARY BENDELL sworn.

I saw the prisoner going along Rotten row, Old-street , and he went into the prosecutor's house, No. 12, and came out with a bundle; I followed him till he came to a house; he went in there, and left the bundle, and came out with a parcel of old shoes; the constable was after me, I followed him up French alley, and called out, stop thief! he was stopped by Mr. Bird the constable, then he went into the same house that I saw the prisoner go into; I did not go with him.

WILLIAM BIRD sworn.

I apprehended the prisoner on the information of the woman; I went afterwards to the house where she said he came from, and searched and found the two cloaks, a great coat, and a napkin, wrapped up in the bed-cloaths where he lodged; I went the next night but one to enquire after him; I let him go after I apprehended him, because I was not quite clear he was the thief, and I had not found the things; I did not know the woman; then they took a warrant out against him, and I apprehended him about eight or nine days after; I am sure it is the same man.

Court to Mary Bendell . Are you sure that is the same man you saw with the bundle? - Yes, I am quite sure; he was a stranger to me, but I watched him down the road; he looked in every window down the road before he went into the house.

The things produced and deposed to by the prosecutor and his wife.

PRISONER's DEFENCE.

I was going to sell these shoes; I deal in Rag-fair, and the constable, Mr. Bird, came and touched me on my shoulder; the woman said she could not be sure of me; I am innocent.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17880910-33

530. RICHARD ARMSTRONG was indicted for stealing, on the 6th of August , a white linen shirt, value 4 s. the property of Thomas Bates the younger , and a linen sheet, value 2 s. the property of Thomas Bates the elder .

The prisoner was taken by Mr. Errington with the shirts upon him.

GUILTY 10 d.

Whipped .

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

Reference Number: t17880910-34

531. CHRISTIAN TRAILL was indicted for stealing a silver watch, value 20 s. a stone seal, value 1 d. a key, value 1 d. the property of Henry Eldridge .

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880910-35

532. WILLIAM BUTLER was indicted for stealing, on the 15th of July , twelve linen handkerchiefs, value 9 s. the property of Andrew Heron .

ANDREW HERON sworn.

I keep a warehouse in St. Martin's-le-Grand ; I lost some handkerchiefs on the 15th of July, at five in the afternoon; the prisoner was taken with the handkerchiefs in his breast, while I was backwards; I did not see it; the goods were on my counter; I saw them about three quarters of an hour before.

JAMES DENNISON sworn.

I work nearly opposite the prosecutor's; between four and five I saw the prisoner go into the warehouse; he was there some little time, and I saw him come out, buttoning his coat; he went a little way, and I went up to him and said, what have you under your coat? he unbuttoned his coat, and threw something away; I did not see what that something was; I laid hold of him, and took him, and picked it up, then I saw what it was; I never was out of sight of him; it was a piece of handkerchief; I took him back to Mr. Heron's warehouse and asked him if it was his property, and he owned it; the property was taken to the magistrate's with him, and I have had it ever since; this is the same.

(produced and deposed to.)

PRISONER's DEFENCE.

The person that says he found them upon me, says a falsity.

Jury to Prosecutor. I presume you have some servants or shopmen? - No, I have not.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17880910-36

533. GEORGE ALLEN was indicted for stealing, on the 6th day of July last, an iron bar, value 4 s. the property of Robert Edgar .

The prisoner was taken with the bar in his hands.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880910-37

534. JAMES FAGAN was indicted for stealing, on the 19th of July , three yards of white linen, value 3 s. the property of James Squibb .

NOT GUILTY .

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

535. The said JAMES FAGAN was again indicted for stealing, on the 19th of July , two pair of nankeen breeches, value 14 s. and other things the property of David Reed , and four yards of bombazeen, value 4 s. and divers other things , the property of Hannah Baker , widow .

NOT GUILTY .

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

Reference Number: t17880910-38

536. JAMES LIDE was indicted for stealing, on the 23d of August , one iron ploughshare, value 12 d. an iron coulter, value 1 s. 6 d. and an iron forecock, value 2 s. the property of James Barnard .

The prisoner was found with the property upon him, and divers others.

GUILTY .

Publicly whipped .

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

Reference Number: t17880910-39

537. JAMES HORNSBY and JOHN HARMAN were indicted for feloniously stealing, on the 1st day of July , a gelding, value 3 l. the property of John Shirley .

JOHN SHIRLEY sworn.

On Tuesday the first of July, Benjamin Smith came down to me, just before eight o'clock, and said the horse was lost from Old Ford; he was in the field, I had seen him just before ten o'clock on the Monday evening.

BENJAMIN SMITH sworn.

On Monday night about nine o'clock, two lads came to me, and I went to the door; they asked me if I would buy a horse, and I told them yes; I live in Sharp's alley, Cow-cross; several horse-boilers live there; they said they had a horse; I asked them where it was; they said it was just by Bow, and said they would fetch it by two in the morning; the one nudged the other against the arm and said, you may as well tell him what it is, for it was a pegged one, that is, a stolen one, they said it was hurt in coming from Chelmsford, and must be killed; I knew one of the lads again, the prisoner Hornsby, I am sure he was one, the other was taller, but he kept at a distance and ran away; I did not see him so well; the watchman never gave me any assistance at all; I said I could say nothing to it without I saw it, and they went away; and as soon as they were out of my sight, I went and informed our inspector of the parish, Mr. Raffle, I told him word for word what had passed, and he told me to stop them; they came about one o'clock, and knocked at the door as if they would knock the door down; I looked out of the window, and they said, we thought you were dead; I came down and asked them where the horse was; they said it was at a distance; the watchman was come down the alley; a new cord was tied round the jaw of the horse; I said to the watch, take this lad to the watch-house; the watchman let him go; says I, where is he? says he, there he goes; I caught him; now, says I, I will take you myself; the other man got clear away; I pursued him to Mr. Chapman's back-window, on Saffron-hill; the watchman gave me no assistance; I begged him to tell me who the horse belonged to; the lad cried and said it was his first crime, and the horse belonged to Mr. Shirley, of Old-Ford.

Do you know, with any degree of certainty,

whether the other is the same person that came with him or not? - The other was taller than him, but I cannot say with certainty, whether the prisoner, Harman, is him or not; I went the next day, and had the watchman turned out; I locked up the horse in my own stable; that was the same horse that the lad brought.

JOHN CARPENTER sworn.

I am an officer belonging to justice Staples; Mr. Shirley came to me, and said, he had lost a horse; I went down to New Prison, to the prisoner, Hornsby, and I asked him a question or two, and he told me; and sent me to the house where the tall prisoner was locked up; I found him in a garret on Saltpetre-bank; says I, I want you for horse-stealing; he came quiet enough along with me; he owned it to me.

What passed? - I asked him where he lived; says he, at Stratford, down by Bow; and he said, one Hornsby was along with him; and he was taken from Mr. Smith's in Cow-cross, at the time they took the horse on Tuesday morning; I asked him if he had not stole a horse; says I, do not you know one Hornsby; I took him before a magistrate; he owned it; I told him, says I, your pell is in New Prison; he said no more to me; he owned about taking the horse.

What did you say, and what did he say? - he said, he was persuaded by his pell; I asked him if he did not know one Mr. Shirley, when I took him; he said, he did; then I asked him where he lived; he said at Old Ford; I said nothing about the horse till he came before the justice; then he said, him and his pell was together when they took the horse out of the Field; he said, he bought a penny cord; he said, he did not care, they could not hurt him; they did not catch it upon him.

Did you or he say any thing else? - Nothing more till we came before the magistrate, there w he said, was taken in writing; there is no examination returned; I know nothing more.

Court to Shirley. Did you see the horse that was at Smith's? - Yes.

Was that the horse that you lost? - The same.

Are you sure of it? - Yes.

How long have you had it? - Ever since December; it is a black short tail horse; I am quite positive of it.

PRISONER HARMAN's DEFENCE.

I know nothing at all about it.

PRISONER HORNSBY's DEFENCE.

I was coming past about half after one o'clock, and I saw a horse.

Prisoner Harnsby. Carpenter was flogged at New Prison for getting off bad money.

Carpenter. I have been a servant at New Prison these ten years.

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

JAMES HORNSBY , GUILTY , Death .

JOHN HARMAN , NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880910-40

538. JOHN NURSE was indicted for stealing, on the 25th of August , a black gown, value 20 s. two cotton night gowns, value 20 s. a petticoat, value 2 s. a pair of pockets, value 2 s. four cotton shirts, value 10 s. two pair of stockings, value 4 s. two handkerchiefs, value 2 s. three aprons, value 15 s. a wooden trunk, covered with leather, value 5 s. a box, value 2 d. three books, value 3 s. another box, value 1 s. another box, value 1 s. and five guineas , the property of Frances Southby .

FRANCES SOUTHBY sworn.

I was coming to town the 25th of August, and when I stopped at my house in Wellbeck-street, the trunk was missing.

- HUTCHINSON sworn.

I am servant to the prosecutrix; I assisted her out of the carriage, and saw the trunk was gone.

WILLIAM WARD sworn.

I am servant to a gentleman in Manchester-square; the trunk was on three or four doors off; as I ran to knock at the door; the trunk was fastened with some straps as usual.

JOHN HOBBS sworn.

About nine, as I was coming to the watch-house, the servant came and told me what had happened; I went up Oxford-street with my partner at half past nine; going towards St. Giles's, I met the prisoner with a leather trunk on his shoulder; it was very near Hanover-square; he endeavoured to throw the trunk on me when I stopped him, and said it was his own property; what did I want with him; two men were before, who endeavoured to jump on the trunk and make a rescue.

(The trunk opened and the things deposed to.)

Prisoner. Did not I tell you a gentleman hired me to carry this trunk to his carriage? - No, you did not

The prisoner called three witnesses to his character.

GUILTY .

Transported for seven years .

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

Reference Number: t17880910-41

539. RICHARD GOLDING was indicted for stealing, on the 1st day of September , a pair of leather shoes, value 2 s. the property of Joshua Greenfield .

NOT GUILTY .

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

Reference Number: t17880910-42

540. JAMES BIGGS was indicted for stealing, on the 9th day of August , a wicker hamper, value 6 d. a linen back, value 6 d. and a set of blue harateen bed furniture, value 2 l. 2 s. a copper tea-kettle, value 4 s. a warming-pan, value 2 s. a mahogany tea-chest, with three tin cannisters, value 2 s. a pair of sheets, value 10 s. a bolster, value 2 s. a pair of leather boots, value 10 s. and four painted pictures, value 5 s. the property of John Roys .

The prisoner drove a hackney coach, and was found with the trunk; but brought two persons who saw him pick it up near St. Giles's it having tumbled out of the waggon; and several persons to his character.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17880910-43

541. JOSEPH MEYRICK was indicted for stealing, on the 3d of July , a cotton gown and petticoat, value 10 s. the property of William Hill .

WILLIAM HILL sworn.

I found the prisoner concealed in a doorway, in Sir Christopher Sykes 's house, in Seymour-street; the door opens into the servant's hall; on the 30th of July, between six and seven in the evening; my wife has the care of the house and furniture; I seized upon him, and gave him good words, and bad words; he said, he was a gentleman; he did at one time say, he had served his time to a cutler in Bond-street; I dragged him in the passage, and called my wife, and asked her how he came into the house; and there was a new gown, and petticoat with it, moved six yards into an open passage, six yards from the bed-chamber; he offered to fight me; I sent for a constable, and he was apprehended, and taken to Poland-street office.

Had you been out that afternoon? - I went out about half past eight in the

morning, and came home between five and six in the evening and found this man there, about an hour after.

ELIZABETH HILL sworn.

I saw my gown and petticoat laying by a dark wall; it had been before in the butler's pantry; I saw it at three in the afternoon of that day; it was laying five or six yards from the pantry door; my husband had been come home about an hour.

Court to Prosecutor. Where was you going when you found this man? - I was going to water my flowers.

(The things deposed to.)

PRISONER's DEFENCE.

I was going to enquire for one William Jones ; and I knocked at this door, and a person came up the area steps; I asked him; he said, I had better go down and ask; I met this gentleman; I told him, I wanted one William Jones ; he bid me come in, and said, I wanted to rob the house; he searched me, and found nothing upon me; then he called for his wife, and she came and said, something was missed.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880910-44

542. JOHN DUFFEY was indicted for feloniously stealing, on the 15th of July , two guineas, and one shilling, one pair of leather breeches, value 10 s. one linen shirt, value 5 s. one silver watch, value 30 s. one steel watch chain, value 1 s. one glass seal, mounted on silver, value 1 s. one metal setting for a seal, value 1 d. the property of James Parry , in the dwelling-house of Edmund Murphey .

JAMES PARRY sworn.

On the 15th of July, I went to bed at ten o'clock; I had in my breeches pocket, two guineas, one shilling, and my silver watch; I put them under my pillow; likewise my shirt; I awaked in the morning about four o'clock, and turning round to take my watch to see what was o'clock, I found every thing was gone; there was a man that was laying on another bed in the same room his name was John Smith ; we took him on suspicion; I was not in liquor; he was not there when I went to bed; he was there in the morning; about half after two my landlord and me were walking in Golden-lane, and we met this prisoner; and my landlord saw my breeches upon him; my landlord's name is Edmund Murphy; the prisoner Duffey, took my landlord by the hand, and shook hands with him, and asked him to have some drink; we went all into a public-house before Duffey, and the tap-room being pretty far from the bar, he said, I will go and fetch it; and he left a bundle of papers on the table; he went out of doors; my landlord said, this Duffey has your breeches upon him, and he is off; the prisoner went off; we followed him all the afternoon, and could not find him; then we were convinced he was the thief; about nine we went out in pursuit of him again; as we knew a woman he corresponded with; we found her, and him with her; and we took him into custody; he attempted to make away again; one of my party called to me; and I saw my landlord take hold of his hand, and take the watch out of his hand; I am sure I saw it; an officer came up, and took him into custody; we found nothing upon him but the watch; he confessed he had sold my breeches to a man in Lincoln's-inn-fields; I heard him; there was no promise made him; there were two guineas besides the watch and a shilling in the breeches.

Prisoner. Whether my friends have not offered him repeatedly to compromise the matter, and make it up? - No, I can prove to the contrary.

EDMUND MURPHEY sworn.

This young man had been gone to bed about ten; I gave him a candle, and the key; he went to bed sober; I locked my

my door between ten and eleven, and I went to bed, and I did not hear any thing at all till four o'clock in the morning; this young man's brother came down and asked if any strange men were in the house; no, says I, because, says he, my brother is robbed; I know the prisoner; I did not see him at my house that night; I saw him the next day in Golden-lane; he had the prosecutor's breeches on, they were buckskin; they had no mark; I knew them because he ran away from me; I think they were the same, I cannot swear to them; I took the watch from the prisoner out of his hand; I gave the watch to Mr. Evans, who is here.

JOHN EVANS sworn.

Murphy gave me a watch, and I gave it to the constable.

WILLIAM HITCHCOCK sworn.

I produce the watch.

(deposed to by the maker's name and No.)

Court to prosecutor. How was it possible for this man to get into your room? - I left it open.

How could he get into the house? - I do not know.

Murphy. My door is fastened between ten and eleven.

Could any body get in afterwards? - No they could not.

Was your door broke open or your house? - No.

Who went up to the prosecutor's chamber afterwards? - One Smith.

Did any body else go up? - No.

Where is Smith? - I do not know.

Hitchcock. I received the watch from Evans, and I found that they conceived the prisoner had robbed the prosecutor of it; the prisoner was present; they gave charge of him; I took him to the watch-house; they desired me to search him, and I found in his pocket twenty-two duplicates, one of which was a shirt, pawned for 2 s. 6 d. on that day.

JOHN CLENSTON sworn.

I live in Bear-yard, Lincoln's inn fields; these are the breeches that were sold to me by the prisoner, the 16th of July, a little after four in the evening.

Prosecutor. These are my breeches, I am certain they are mine.

PRISONER's DEFENCE.

I have nothing more to say than that I was very much intoxicated; I know nothing of the matter.

Do you wish this paper to be read that you have handed up to the jury? - I leave it to your lordship's discretion.

No, it is not my duty to advise you as to what you offer in your defence, I shall take no notice of it one way or the other, unless you desire it may be read? - I wish the paper to be read.

(Read.)

To the Right Honourable James Adair, the humble petition of John Duffey , That your petitioner had the misfortune of being burnt out, the corner St. Margaret's Hill, June the 4th, 1784, for which unfortunate affair Richard Corbett was tried and acquitted, since which time he is not in his senses; should not now have been under this predicament had he been in his proper senses; he found he had the prosecutor's breeches on the next day, and cannot tell how he changed them; he has attempted to settle in Dublin, but his unhappy state of mind would not permit him to pursue his intention, and was obliged to leave a tender infant behind him, and is without any friend; your petitioner, therefore, humbly hopes you will deign to consider the unhappy case of a lunatic at times, and restore him once more to liberty, and he will endeavour to guard against drinking.

Court to Murphy. Did you know Duffey before? - I have known Duffey this good while, he lodged with me last year for three quarters of a year.

Jury. We beg to know whether he slept there the night before? - Yes.

Have you ever observed him disordered in his mind? - Sometimes I have indeed.

What, when he was in liquor? - No, sometimes he would fret and talk to himself and appear out of his mind.

Parry. I never knew him till about two days before he robbed me.

JOSEPH EARLE sworn.

I live in Carey-street; I am a bricklayer; I have known Mr. Duffey between seven and eight years; he rented a shop of me about seven years ago; he was then a very honest man, and very industrious; he had a large family; he was a book-binder.

Have you ever known him disordered in his mind at all? - Not at that time, I have not been acquainted with him for some time.

Court. What was the value of your watch, at a low valuation? - I valued it at 30 s.

Mrs. BARNES sworn.

I live at No. 5 in the Old Bailey.

Do you keep a house there? - Yes.

Are you married or single? - Married.

What is your husband? - A stationer.

Do you know the prisoner? - Yes, he worked for us a number of years; a very respectable character; we always understood him to be a man of very great character.

Have you known him lately? - Not lately, because we have apprentices; he kept house for some years in Carey-street.

WILLIAM ROSE sworn.

I have known him about a year and a half; he always bore a very honest character? - He was represented to me several times as being out of his mind, and I have seen him in that situation very often.

In what way? - I used to see him very much distracted and use many assertions that it was not supposed he could be in his senses.

Can you give us any reason for that supposion? - No other reason than the unfortunate circumstance of his loosing his wife by fire; I have seen him so very often, I have seen him abuse people very often, when he had not the least occasion to do so; at other times he would be very friendly with them, and he has often been talked of as being out of his mind; not only me but others have seen him in that situation.

GUILTY 39 s.

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17880910-45

543. EDWARD COLLINS was indicted for feloniously stealing, on the 5th day of August last, a gelding, price 3 l. the property of John Meager .

BENJAMIN SMITH sworn.

The prisoner brought me a bay gelding, on Tuesday the 5th of August, into Sharp's alley, Cow-cross; he asked me a guinea for it, and said he brought it from Croydon, and that the waggon was come to the Bear and Ragged Staff in Smithfield; I told him to fetch me the waggoner and I should be more satisfied that it was his property; he wanted to take the horse with him, but I stopped the horse; I afterwards enquired whether any such waggon was come from Croydon, and I was informed no; I advertised the horse twice, and kept it very nigh a week; I never saw the prisoner before; when he went to fetch the waggoner he did not return; I know no more of this horse; I enquired at the blacksmith's at Streatham, and found out the prosecutor, Mr. Meager, of Norwood Common; the prosecutor came to my house and saw the horse and swore to it; I am sure the prisoner is the man that brought me the horse.

JOHN MEAGER sworn.

I live in Croydon parish, the side of

Norwood-common; I missed a horse the 5th of August in the morning; I saw him over night in my own field towards evening; at five or six o'clock the next morning the man informed me that the horse was gone; say I, I am sure he was stole, for the gate was thrown open and not shut again; it was a bay gelding; I did not hear of it till Saturday, when the last witness came to tell me where he was; he sent for me to the Rose and Crown, and I saw my horse at Clerkenwell on the Monday following in the street at Justice Blackborrow's; I am sure it was my horse, I have no doubt about it; I valued him at about 3 l. but if he went to market he would not be worth so much; I know the prisoner, I have seen him several times about our neighbourhood; I have no great acquaintance with him; he is a labouring man.

JOHN DINMORE sworn.

On Saturday the 9th of August, I was sent for by Minshell, to take the prisoner into custody on suspicion of stealing another horse, about a quarter after nine in the morning; hearing there was a horse stopped by Smith, I had him sent for; he came and owned it was the prisoner; when he had confessed where the last horse came from, says I, take the horse with you, by the description of it, may be you will hear from whom the first horse came; there was not a promise or threatening in any respect whatever; he was a long time before he confessed the first horse; but he said he took it from near that same place, and that the man's name was Meager.

Court to Smith. Was it in consequence of that information that you enquired for Mr. Meager? - Yes, my lord, it was in consequence of what I heard the prisoner say.

Prisoner. I leave it to the mercy of the Court.

Jury to Prosecutor. Was the gate shut the evening before? - The gate was shut the evening before, and pinned with a stick, I fastened it myself.

Jury. Could the horse get out any other way? - I saw no gap he might get over.

GUILTY , Death .

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

Reference Number: t17880910-46

544. BARTON DORRINGTON was indicted for that he, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, on the 16th of May last, upon Eleanor Masters , spinster , in the peace of God and our lord the king, then being, violently and feloniously did make an assault, and her, the said Eleanor, against her will, then and there violently did ravish and carnally know .

(The witnesses called in and sworn, and then ordered out of Court, whilst Mr. Garrow opened the case on the part of the prosecution, as follows:)

Please your lordship; gentlemen of the jury, the charge against the prisoner at the bar, is for having committed a rape on the body of Eleanor Masters ; and when I state that to be the charge against him, I of course entitle myself to your best attention, because it affects his life; on the other hand, the safety and protection of the female part of society, is intimately connected with bringing persons of the description of the prisoner to justice: The prosecutor is a single woman, servant to a gentleman in Fenchurch-street, who is a captain in the merchants service; she was sent on Tuesday the 15th of May towards Bow, that was the day of Bow-fair; when she had got some distance, she was overtaken by the prisoner, who told her he had often observed her, was very much in love with her, and had a very great disposition to make her his wife; she went about her business and returned; when she returned, she found the prisoner had been at her master's house and enquired for her,

and the fact is, that he did come several times afterwards, and still affected to have the same disposition towards her; he told her that he had been a shoemaker, and was now a limner, and in short, that he wished to marry her. Gentleman; after a considerable number of times, he came on the 16th of May, when all the rest of the family were from home; this young woman let him in and asked him up stairs into the kitchen; he went up with her, and after they had been there a very short time, he tied her hands and put a handkerchief into her mouth, and accomplished that which was his evident purpose from the beginning. Gentlemen, I have stated a case, which if proved by evidence, would intitle me to a conviction; but it would ill become me to conceal any fact that belongs to this case; for you and I ought to have no other object in our view than the attainment of public justice; and there are circumstances belonging to this case which it is fit your attention be called to, which ought not to be concealed, and which undoubtedly, under the direction of the humane and able judge, now on the Bench, will have their operation; the young woman left her service, and was gone some days under the custody and protection of the prisoner; it was with difficulty she was found out, but she was found out in a place called Foul-lane in the Borough, and it was with difficulty she was taken from him when she was found, I should also state to you, that this young woman had given him a note, promising to marry him or forfeit 20 l. now if that takes off the probability of his having violated her chastity, and this, though a bad case of seduction, is not a case of a rape, the man will be intitled to an acquittal; but, gentleman, this has not been an uncommon practice of the prisoner, as I shall be able to lay it before you strictly in evidence; for on apprehending him there was found in his pocket-book, which contained some singular curiosities, a list of young women whom he had seduced, and it is material, that the note signed by the young woman, Eleanor Masters, is pinned to several other notes, signed by those unfortunate young women whose names are in the list found in his pocket-book; the notes all of them are in these words, the same as this given by the prosecutrix

"I

"promise to be married to Barton Dorrington

"on his demand, or to pay twenty

"pounds - Eleanor Masters ." God knows it is but too clear that demand was not intended to be made, but if this man has had a system of ravishment he will discover a little too late, for his own security, that the law will not permit the violation of women's persons and afterwards that the violator should escape by any such means, but the note will be laid before you in evidence whatever effect it may have; either it will induce you to believe her story is not true, or if you believe her when she tells you it was extorted from her and not given voluntarily, it agravates his offence; gentlemen, charges of this kind are certainly very easily made; now and then malicious charges are made; on the other hand, all I ask and all that becomes me to ask of you, is, if you are satisfied he has laid with her against her will, then you will discharge your duty to the public in pronouncing him guilty.

ELEANOR MASTERS sworn.

Mr. Garrow. What are you? - I am a servant, and was a servant with Mr. Hett, in Fenchurch-street.

When was it this misfortune befel you? - The 16th of May.

How long before that had you been acquainted with the prisoner? - The 15th of May.

When did you first become acquainted with him; under what circumstances? - I was going to Bow; my mistress had left word if any letter came from my master, I was to take it there; and this gentleman, the prisoner, he lighted on me by the way; he overtook me, and he said he had seen me many times before.

What was the first thing he said to you? - It is impossible for me to remember; he said he had seen me many times before, but

never had the opportunity to speak to me; then he went with me where I took the letter to my mistress, and he left me; I staid there till about half after eight; and when I returned home, I perceived by the people at home that he had been there.

What did he talk about? - He talked a great deal to me; he said he was a shoemaker by trade, and now he had got the business of a limner, and he had twenty pounds a year left to him by an uncle, and had a year and a half's money coming.

What was all this to you? - He pretended courtship; he came again the next day.

Did you give him leave to come the next day? - No, I did not know he was to come the next day; the next day he called again.

What time was it? - I cannot justly say.

Was it in the forenoon or afternoon? - It was in the fore-part of the day, but I am not sure whether it was about twelve or one, it was about noon; he came to the door, and said he had something particular to say to me; I went to the door, and asked him up stairs; there was none of our family at home.

Where did you go to? - We went into the kitchen, that is up one pair of stairs; after he had been there some time, he put a handkerchief in my mouth, and tied my hands behind me.

What was he doing before that? - He was talking that he designed to marry me, but I cannot tell every thing; he got me down in the kitchen two or three times before that.

Had you refused, then, to comply with his desires? - Yes, Sir, I had; then he put a handkerchief in my mouth, and tied my hands.

Describe particularly every thing that happened; you must not be ashamed, because nobody will laugh but some fool in the gallery, who will be turned out. (A person having laughed in the gallery, was threatened to be turned out by the court.) What passed after he tied your hands; you must tell, my good girl? - he had to do with me.

Court. That general description will not do, young woman; you must tell us every thing he did.

Mr. Garrow. He put a handkerchief into your mouth? - Yes.

Then he tied your hands? - Yes.

What then? - He had to do with me.

In what manner had he to do with you; you must tell us all what he did; for instance, if after he had tied your hands he had kissed you, you could tell me that? - Yes.

After he had tied your hands, what situation were your cloaths in, or his? - I was standing after he tied my hands, then I was in the chair; at last, he put me in the chair.

In what manner did he take you, when you had the handkerchief in your mouth, and your hands were tied? - He took me, and set me down in the chair; he was before me.

What did he do then? - I cannot speak, no plainer that I know of.

What did he do next? - Why, he laid with me.

In what manner did he lay with you; you must tell us the story, it is necessary for justice.

Court. You must get the better of any reserve, and tell us all that passed.

Mr. Garrow. It is as disagreeable to us; as it is to you; what did he do with you afterwards, when he had got you down in the chair? - He put his hands under my coats, and took up my coats while I was sitting upon the chair.

What did he do next? - Why, he laid with me.

Not while his hands were under your coats? - No.

What did he do next? - He kissed me several times.

Did the handkerchief continue in your mouth then? - Yes, the handkerchief was in my mouth; he kissed the side of my face.

What did he do next; can't you describe what he did? - I ask your pardon, I hope

you will excuse my mentioning such things; but I would sooner not have come here than mention such things; I have spoken it very plainly.

Court. You must relate the manner, in order that the jury may judge whether it was a rape or no. - He laid with me, and I was very ill afterwards.

What did he do after? - I don't know what I can tell you next, any more than he lay with me.

Describe the thing that he did, I know nothing about the matter; what situation were his cloaths in, after he had pulled up your cloaths? - I do not know how his cloaths were; I know how mine were; mine were very dirty; then he put his hands round my waist.

What next; where did he put any thing else? - He put something else between my legs, to be sure.

What did he put between your legs? - Why, what he had got, to be sure.

Do you mean that he put his private parts between your legs? - Yes; one hand was round my waist, and with the other hand he put up my cloaths.

Where did he put his private parts? - To my private parts.

What then? - He had to do with me.

What did he do to you, now, supposing that I knew nothing about the matter? - Sir, I ask your pardon, but I do not know that I can speak any thing plainer than I do.

How long did he continue in that situation? - The value of ten minutes.

Court. Did he enter your body? - Yes.

And continued so ten minutes? - I fancy it was about ten minutes.

Mr. Garrow. Were you sitting full on the chair all this time? - Yes.

After this, what happened next? - He began talking to me, and said, if I would not say any thing about it, he would marry me, he did not go away out of the room, but he quitted me; he said, if I would not mention it to my master or mistress, or any body, he would be married to me, that was the most of his discourse, and then afterwards he went away; I saw nothing more of him till Monday.

When did your mistress come home? - On Monday.

Who came home first of the family? - My mistress.

Was you in the house alone till Monday? - Yes.

When did you first mention this to any body? - I mentioned it to nobody.

When did you first mention it? - On Monday.

To whom? - To my mistress; I saw him again on Monday; he came to a lane just by and sent for me, and I went out.

Did you tell your mistress before you went out, or after? - After.

Did you know it was the prisoner that had sent for you? - Yes.

You went out to him? - Yes; because he threatened me.

Where did he come to when he sent for you? - To a house two or three doors off; he sent somebody, and said there was a person wanted to speak with me; he waited for me in the street; I thought in my own mind it was him; then he promised, if I would not say any thing about it, he would marry me, and nothing should be said about it; and if not, then he would descry me; then I went home to my mistress; he sent for me at ten in the morning, and I continued with him till night; I went to the house where he lived, for the valuation of half an hour.

Mr Silvester, Prisoner's counsel. Did he ravish you again that day? - No.

When did he lay with you next? - On the Tuesday next.

Court to Jury. Gentlemen, it is wasting time to go further.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Mr. Garrow to Prisoner. Mr. Dorrington, do not let this escape make you go into any more of these scrapes; this pocketbook

furnishes a proof of the worst kind of conduct that can possibly be.

Court to Prisoner. The seduction of these young women, under pretence of marrying, is not a crime of much less criminality than that which you have been tried for; and you will some time or another get your neck into the halter, if you do not leave off these practices.

Foreman of the Jury. Mr. Recorder, I find that gentleman makes a practice of it.

Court. Oh, he is a very bad man, certainly; but we cannot convict without evidence.

Reference Number: t17880910-47

545. SAMUEL PULLEN and CHARLES CHARLES . otherwise STEVENS , were indicted for burglariously breaking and entering the dwelling-house of Rachel Broxham , and Nathaniel Bryant , about the hour of ten in the night of the 3d day of July , and burglariously stealing therein two wooden trunks covered with hair, value 20 s. six pieces of leather, value 3 s. their property, and a silver tankard, value 8 l. a silver pint mug, value 3 l. two silver cannisters, value 6 l. and two silver butter-boats, value 4 l. the property of the said Rachel.

BOTH NOT GUILTY :

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17880910-48

546. TIMOTHY GALLOWAY was indicted for stealing, on the 2d day of September , two black silk cloaks, value 6 s , the property of Lucy Andrews .

LUCY ANDREWS sworn.

I know nothing, but that the cloaks are my property.

JOHN FOX sworn.

I am sixteen years of age, and servant to the prosecutrix; the prisoner came into my mistress's house, which is a public-house, to go backwards; I was washing my pots at the door, and my mistress called me to desire my young mistress to come down stairs; I opened the stair-case door and heard somebody say softly, damn the boy, what a noise he makes; I then went into the kitchen which is level with the tap-room, and I saw the prisoner with some thing black under his coat; he ran out directly, I ran after him down Giltspur-street; he then went into Angel-court, and I ran round Green-arbour-court to meet him, and he ran back again down Snow-hill, and I followed him; he stopt in Bull-head-court and was looking at the cloaks, and I took them out of his hand, and a man assisted me, and we brought him back; he said he was in liquor, and he did not know what he was about, but he did not appear to be so to me; the constable was sent for, and the cloaks delivered to him.

Mr. Keys, prisoner's counsel. This man was much in liquor, was not he? - No.

You never knew his person before you met him in Bull-head-court? - Yes, I did.

Did he come any part of the way with you yourself? - No, the man was close by the court, and he assisted me.

GEORGE WILLIS sworn.

I heard the boy cry stop thief near Angel-court; I followed with the boy; the prisoner was some of the time out of my sight; I overtook him in Bull-head-court, and he was brought back.

Mr. Keys. He came quietly? - Yes.

- CROSLEY sworn.

I am a constable, the cloaks were delivered to me.

(Produced and deposed to.)

PRISONER's DEFENCE.

I know nothing of the matter.

For the Prisoner.

SAMUEL HATTON sworn.

I have known the prisoner twelve years; I kept the One Tun, he was my waiter; I have trusted him often he always bore a good character.

- BUCKLEY sworn.

I have known the prisoner six years; he bore a good character.

EDWARD M'CARTY sworn.

I have known the prisoner ten years; he always bore a good character; when I heard it, I was as much surprised as if it had been the parson of the parish.

There were three other witnesses who gave the prisoner a very good character.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17880910-49

547. JAMES BAKEWELL was indicted for feloniously assaulting Elizabeth Thiems , on the king's highway, and putting her in fear, and taking from her a gold ring, value 5 s. the property of Christian Thiems .

NOT GUILTY .

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

Reference Number: t17880910-50

548. WILLIAM BELLAMY was indicted for stealing a silver shoe buckle, value 3 s. the property of David Hart .

The prosecutor called on his recognizance, and not appearing, the prisoner was ACQUITTED .

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

Reference Number: t17880910-51

549. MARY INNIS was indicted for stealing, on the 6th of September , twenty yards of printed cotton, value 20 s. the property of Timothy Fisher .

The prisoner was stopped by Mr. Strangeway, a pawnbroker, in Leather-lane, where she went to pawn the cotton; she said it was her own, and that she had bought it in the middle of Fleet-market.

Prisoner. I found it on Holborn-hill.

GUILTY .

To be imprisoned six months ,

Tried by the London Jury before Mr. Baron HOTHAM .

Reference Number: t17880910-52

550. WILLIAM JAMES was indicted for stealing, on the 10th of September , a black silk cardinal, value 5 s. a silk handkerchief, value 12 d. a pair of silver shoe buckles, value 21 s. a pair of women's leather pumps, the property of Thomas Withers , and two silver teaspoons, value 2 s. the property of William Pullyn .

The prisoner was found in the prosecutor's kitchen with the things; he said, he came to ask for work.

(The things deposed to.)

PRISONER's DEFENCE.

I went to ask for a job of work, and there was nobody in the house, and I saw these things lay, and I took them through my distress and poverty, and altogether with the devil's tempting me.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17880910-53

551. MARY BELL and MARY SHORT was indicted for stealing, on the 6th of August , six silk handkerchiefs, value 30 s. the property of William Trundell .

BOTH NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17880910-54

552. JOHN SMITH was indicted, for that he not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, on the 12th day of August last, in and upon John Purrell , in the peace of God and our lord the king, then being, feloniously, wilfully, and of his malice aforethought did make an assault, and that he, then driving a certain coach, value 10 l. drawn with four horses, in a certain public street, did feloniously, wilfully, and maliciously force, and drive the two near horses, and the near fore-wheel, and the near hind-wheel against the head, face, and breast of him, the said John Purrell , thereby giving him one mortal bruise and contusion, in and upon the breast of him the said John Purrell , and also two mortal bruises and fractures, in and upon the head, face, and jaw-bones of him, the said John Purrell , of which he instantly died, and so the jurors, upon their oaths, say that he, the said John Smith , him, the said John Purrell did kill and murder .

He was again indicted on the coroner's inquisition, with killing and slaying the said John Purrell .

ROBERT SMITH sworn.

I was at the right of the coachman in Red-cross-street, the 12th of August, about ten minutes after seven in the evening.

Was it full day-light? - It was I believe.

What part of the street? - Just by the school, about a hundred yards off; the first thing I saw, was a child fall down by his right foot slipping; he fell down, and rolled once or twice over to escape danger.

What danger was there? - He was rather in doubt and fear of being run over by the carriage that was coming up the street.

Was there a carriage coming along? - Yes, the Birmingham and Coventry coach.

When did you first see the coach? - Just after I turned out of Jewin-street, the coach was coming by, going up Redcross-street; it was rather passed before I got out of Jewin-street; I saw the child about a minute after the coach drove past; it was crossing the street.

About how far before the horses did the child fall? - I really believe it was about four or five yards; it was near the middle of the street; then he rolled rather to the other side, and rolled over as if to avoid the horses; I was about the same distance behind the coach of the right side; as soon as ever I saw the child slip his foot, I halloo'd out as loud as ever I could, and the child halloo'd likewise; I halloo'd, stop; for God's sake! the child will be run over, for God's sake take care of child! and he halloo'd and cried very loud indeed.

Was your crying out before the horses were on the child? - It came very quick, the moment the child fell, almost, the horses were immediately upon him.

Did you halloo loud enough for the coachman to hear you? - I cannot say that.

However you heard the child halloo? - Yes.

Then the coach was between you and the child at that time? - I was on the right of the coach, therefore I saw the wheels.

The coach was nearer to the child than you? - I am very sensible of it.

Was there time from the moment you halloo'd out to the coachman, if he had heard you, to stop his horses? - I am not any way a judge of that; I do not know whether there was or not, because I am not used to horses; I shall leave that to the other people who are better judges.

What rate was the coachman driving at? - He was going a very smart trott.

What width was the street? - There was room for three or four carriages, at least three.

Was there any thing to prevent the coachman from turning his horses on one side, if he had seen the child? - I saw nothing in the way.

Did you observe which way the coachman was looking at the time the accident happened? - I did not; nor did I see the coachman's face at all.

Did you observe when you called out whether the coachman looked round or not? - I cannot say I did.

What happened upon this? - I saw the child fall down; then the moment the wheels had left it, I took it up.

Did any part of the carriage go over it? - The near wheel went over the child's breast.

Did the horses go over it? - I believe they were so careful they did step over it; I do not think they touched the child at all; the fore near wheel went over the breast, and the hind wheel went over his head; the moment I took the child up, I ran on the pavement; I hardly knew where to run; I carried him to the surgeon's as fast as possible.

At that distance did you hear any body else call to the coachman besides yourself and the child? - I believe somebody did, but I cannot say; I heard the child cry out very loud, but I cannot say really, that I heard any body else; I believe there was though.

Was the person that cried out on the same side of the way as you? - I cannot say, there were many people in the street who cried out, but I cannot say where the sound came from; the child died in about seven or eight minutes.

How soon did the coachman stop? - He stopped about half a minute, and then drove on again, and I saw no more of him; I had then got the child in my arms.

Mr. Garrow, Prisoner's Counsel. Was this child alone at the time? - The child was crossing the way.

Were there other children there? - No others in the middle of the road as I saw.

Were there any other coaches going out at the time? - I cannot say.

Did you observe the horses? - I cannot say.

Are you judge enough to know whether they were high spirited or not? - They were brown or bay.

I do not ask you as to their colour; do you know whether they were blood horses, high-spirited horses? - I think they were extraordinary good horses indeed.

Did you happen to observe whether one in particular had got into a canter at the time? - One had I believe; no man can keep blood horses from that.

Perhaps, if they cannot keep them from cantering, it is not easy to stop them in four or five yards? - I suppose not.

They were going at a considerable rate? - A very smart trott.

You called very loudly from behind? - As loud as I could.

This was an out-going coach? - Yes.

You did not observe whether the prisoner looked back, did you? - No, I did not.

The accident happened on the near side? - Yes.

Of course then, the coachman was on the off side? - Yes.

There was a guard on the box, was not there? - Yes.

As soon as might be, the coach pulled up? - I believe he stopped for half a minute.

Had you an opportunity of knowing what number of persons were in the coach? - I had not.

The remainder of this Trial will appear in the next Part, which will be published in a few days.

Reference Number: t17880910-54

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 10th of SEPTEMBER, 1788, and the following Days;

Being the SEVENTH 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 VII. 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 John Smith .

What age was the child? - I thought he was about nine or more, but he was not turned of seven.

BASIL POOLE sworn.

I was in Redcross-street at the time of the accident; as I was coming from Redcross-street, where I live, I stood on a stone the corner of Three-herring-court, in Redcross-street; looking forwards, I saw the child playing with one or two more, and a coach and four horses coming along; I believe the child was about four or five yards from the horses, and went to cross the way, and made a slip and tumbled down; and I saw the horses of the coach go over the child.

Did you hear any body call out? - I heard many people, but I cannot say who they were.

Did you hear any body cry out before the coach went over the child or not? - I cannot be sure of that.

How near was you to the coach when this happened? - I look upon it to be about a hundred yards.

What pace was the coachman driving at? - I believe he was coming very fast; I cannot say what pace; I am not a judge of that.

Did you observe which way he was looking? - I did not.

How soon did the coachman pull up his horses? - He pulled his horses in; he did not make a full stop as I perceived, nor stop at all as I could see.

How soon did he pull his horses in? - Immediately as he thought the accident happened? then he went up Barbican gradually.

Did he go as fast as he had gone before? - No, sir, he did not, he went very slowly.

Mr. Garrow. What are you? - I am a watch-engraver.

Not a judge of horses or paces? - Very far from it.

When you first saw the coach, it was coming up at a great rate? - Pretty fast.

You was never nearer to it than a hundred yards? - No, sir, as near as I can guess.

As far as you know, he never stopped at all? - No, not as far as I know.

Do not you know from other people that he did? - I cannot say I do.

Do you know a canter from a trot? - Yes, I do.

Was one of the horses in a canter? - If I were to speak the truth, I cannot say.

Court. Whose Coach was this? - I am not sure; I believe it was the Birmingham and Coventry coach.

Edward Saunders called, but did not appear.

JOHN HOGG sworn.

I am book-keeper at the Swan with two necks; I only know that the prisoner drove the Birmingham and Coventry coach that evening.

Court to Robert Smith . Was that the coach? - Yes.

Mr. Garrow to Hogg. How long have you been book-keeper at the Swan with two necks? - Near twenty years.

How long have you known the prisoner? - Near eight years.

How long has he drove for Mr. Wilson? - Upwards of seven years.

Mr. Wilson we all know is a large contractor in the coach business? - He is.

What character has the prisoner borne since he has been employed by Mr Wilson? - That of a very tender man, and very fond of children.

Was you acquainted with the horses? - No.

THOMAS SMITH sworn.

I have known the coachman seven years; I always knew him to be an honest sober man.

What do you appear to prove? - I knew that he was very sober that night when he went out.

Were his horses in good command? - He had a horses that was very restive that night when he went out.

Mr. Garrow. Were the stables in Grub-street? - Yes.

Then he must pass the stables? - Yes.

One of his horses was restive? - Yes.

They were high-mettled blood horses? - Yes, especially one horse.

What character did he bear? - A very good kind of man; I never heard that he did any harm in his life.

Do you think he would do such an act on purpose? - No.

PRISONER's DEFENCE.

As soon as I heard them call out, I did my best endeavour to stop the horses as soon as I could.

JOHN RABONE sworn.

I am guard to the coach.

How long have you lived with Mr. Wilson? - Two years.

This man drove the coach all the time? - No, he was away about four months; he has drove it latelty; I was with him at the time of the accident; I went with him from the Swan; he was sober; his horses were very restive; I was upon the roof; the first particular thing that happened, was in Red-cross-street; he gave them a cut, upon which they went off rather sharp, and then he pulled up.

What did you observe when you came into Red-cross-street; did you see any thing of the child before this accident happened? - I did not.

Had you as good an opportunity of seeing it as him? - I had.

You was on the near side? - I was.

Then you had quite as good an opportunity of seeing? - Yes.

Did you hear any body call? - No.

You were told of the accident? - Yes.

Did he endeavour to pull up the horses? He did.

Have you been used to the horses? - Yes, these ten years.

Do you think he could have pulled up so as to have avoided the child which was

so near him? - If he had seen the child, he could not have pulled up time enough to have saved him.

Is he a careful attentive driver? - He is as careful a man as any that goes out.

Did you ever see him attempt to do any mischief to any body? - No, he is a good natured man, a man of good character, and he has a wife and three small children of his own.

Court. The coachman could not have pulled up in time owing to his going so fast? - He was not going above the rate of six miles an hour.

Was not one of the horses on the canter? - I cannot say whether they were or not; they had been, but I cannot say whether they were then.

If he had seen the child, could not he have turned out of his course? - He did not see the child.

What was there to hinder him from seeing it? - The child run smack against the horses.

Did you see that? - Yes, I saw the child do it.

How came you to swear a little time ago, that you did not see the child at all; you do your friend no service at all by that; I shall not ask you any more questions.

PETER DOWDING sworn.

I am a coachman to Mr. Price the apothecary; I have drove him these seven years.

Did you happen to be there at the time of the accident? - I was going up Golden-lane, and as I was coming back again from there, between that and the Tuns in Redcross-street, this coach was coming along, and some person called out to the coachman; in consequence of that he turned his head the contrary way.

What do you mean by that, that he drove to the left or the right? - He turned to his near side, to see what he was called for; I thought that somebody wanted him for something, instead of that somebody said, do you know that the boy is under the wheel? and the coachman immediately catch'd up his horses, and the two leaders reared up; immediately to prevent the accident, the man stopped afterwards, but not above half a minute.

Did he pull up as soon as he had notice of the accident? - Yes; he had two brown bays, cropt before, and they were blood horses.

- WILSON sworn.

I am the proprietor of the coach; the prisoner has drove for me about seven years, he bore a good character, and I never knew any complaints of him for the whole seven years.

Were those mettlesome horses that he had? - One was a very troublesome unruly horse when I bought him first, but he has got better now.

JOHN WILLAN sworn.

I keep the Bull and Mouth; the prisoner drove for me about three years, he behaved well while he was in my employ, and was very punctual in his business; I do not recollect that he ever had any accident while he lived with me; he is a good-natured humane man, and I would take him into my employ at any time.

- GARDENER sworn.

I am a grocer; the prisoner has drove past my house for some years; he is a sober careful man, and always drove past my house with the greatest propriety.

GUILTY, MANSLAUGHTER .

Fined 6 s. 8 d. and imprisoned six months in Newgate .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17880910-55

553. JOSEPH POTTS was indicted for stealing, on the 11th of July last, five clasp knives, value 10 s. one razor, value

3 s. and five pair of scissars, value 7 s. the property of William Pedlingham .

The things were found at the prisoner's apartment, and deposed to; but the prosecutor not knowing when he lost them, and it not appearing whose hands they might have gone through before they came into the prisoner's possession, he was ACQUITTED .

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

Reference Number: t17880910-56

554. JOSEPH SHORT and HERBERT BURLTON were indicted for feloniously stealing, on the 30th day of June last, a gold enamelled gold watch, value 15 l. a gold seal, value 10 s. a gold watch key, value 2 s. a gold enamelled slider, value 5 s. and two enamelled drops, value 5 s. the property of the right honourable Charles, Lord Southampton .

The Right Honourable CHARLES, LORD SOUTHAMPTON sworn.

On the 1st of June, I was coming from the Lyceum in the Strand; waiting for the carriage, the prisoner Short walked up to me; upon my desiring him to stand out of the way, he immediately stopped, and I felt his hand at that moment at my watch; I directly seized him by the collar, calling out, that this man had got my watch, and gave him to my servant; my watch was gone.

Was there any body else near enough to your lordship to have taken the watch from you? - I saw nobody near at that time, but the moment of my collaring him, there was a crowd came round; I know nothing of the other prisoner.

Mr. Garrow, Prisoner's Counsel. I believe he was immediately carried into the Lyceum? - Immediately.

Was he searched in your lordship's presence? - Yes.

There was no watch found upon him? - None.

The performance was at an end? - Yes.

A great number of persons near the door? - Not at that time.

You had a child in your hand? - I had.

And you found it difficult to get to your carriage? - No; I should not have found it difficult at all; the only obstruction I met with was the prisoner walking up to me.

Your watch has been since found? - Yes, it is in court.

JOHN BECK HEATHER sworn.

I am a pawnbroker in Long-acre; I produce a watch-case which I received of the prisoner Burlton; a customer of mine lost a plain gold watch-case, and begged the favour of advertising, it with three guineas reward, and the prisoner Burlton brought it to my house in consequence of the advertisement, the 3d of July.

Have you the advertisement here? - No.

In what manner was the watch described to have been lost, that you advertised; - It was described to have been lost in Oxford road; that a gentleman was riding on, and pulling out his watch, dropped the case; I did not see the advertisement; the prisoner Burlton brought this advertisement in his hand to me, and said three guineas; he gave me a direction, and where he said he lived, he did live; he said he found the case between ten and eleven o'clock, at the Lyceum in the Strand; he did not say what day; he very readily left the watch-case; he went further, and called again in twenty minutes afterwards; in the meantime I sent down to Bow-street, and the clerk had forgot it; so then I drew up this advertisement to advertise it.

Was the prisoner found by means of the direction he gave you? - He was immediately; he gave me a very true direction; he was taken into custody immediately; I told him at first that he had made a mistake, and brought the wrong case, he came back again nevertheless.

Lord Southampton. This is the case of my watch.

Court to Lord Southampton. Does your Lordship recollect seeing the prisoner Burlton, or any body like him, during the time of of the robbery? - No, I do not.

Has the watch itself been found? - The watch is here.

FRANCIS UMPAGE sworn.

On the 30th of June I was doing duty at the Lyceum, and I went out of doors from the hall, cautioning the gentlemen and ladies to take care of their pockets; I saw my lord and his servant have hold of the prisoner Short; I went up to my lord's assistance, and he saw I was an officer, and he told me to take charge of the prisoner; I took him immediately into the hall, and searched him, and found nothing upon him; I took him before Sir Sampson Wright that night, and from there to Covent-garden watch-house. - On the 7th of July this letter came to me, brought by a boy.

Is the boy here? - No.

Do you know any thing of the handwriting of the letter? - No.

Did you find the watch? - I found it; here it is; I found it at Old Slaughter's Coffee-house, directed and sealed up in this paper; I did not know what it was, till I took it to Sir Sampson's.

The watch produced by Umpage, and the seal, which were Lord Southampton's.

Lord Southampton. When he shewed it to Sir Sampson it was not then broke.

Mr. Garrow. I take it for granted this outside case had a chrystal? - Yes.

It had none when brought to Mr. Heather? - No.

Court. How came this broke since you shewed it to Sir Sampson? - I was opening it myself, and it came in two in my hand.

Court. Is there any body here from Slaughter's Coffee-house? - No.

Mr. Garrow Did you search Short thoroughly? - I did.

You have been used to that business? - Yes.

Could he have had the watch when you searched him? - No, I am sure he could not; I am sure he had not the watch.

ANOTHER WITNESS sworn.

I know no more than Mr. Heather's coming down to the office, and I went to Mr. Tregent the watch-maker, to see if it was the case, and I went to search the boy's lodgings; nothing was found there.

WILLIAM DALTON sworn.

I am servant to Lord Southampton.

Did you observe this man before my lord seized him and delivered him to you? - I stood by my lord's left hand, and he rushed by me; I saw him stoop down and put his hand to my lord, and my lord immediately said his watch was gone, I seized him, and he rushed between me and the street.

Was there at that particular moment, any body else between you and his lordship? - Not a soul; I touched my lord with my right hand almost.

Did you see the other prisoner there all? - Not to the best of my recollection; I never saw him before I saw him at Bow-street.

Prisoner Short. I wish to ask Mr. Umpage the constable one question. - Was not there a large concourse of people round the Lyceum door? - I saw five or six pickpockets standing there, and I cautioned the people to take care of their pockets; the place was much thronged; it always is.

PRISONER SHORT's DEFENCE.

The Lyceum is situated in as populous a place as any in London, he seized me directly, and I was searched and nothing found about me, and I was immediately taken up to Bow-street; and about the 5th or 6th day the watch was brought to Slaughter's Coffee-house; whether or no it is possible for his lordship to swear with propriety that I am the identical person that took his property, I leave it to the superior wisdom of the court and of the jury.

THOMAS SHORT sworn.

I am brother to the prisoner; I am a grocer and tea-dealer; I did live in Oxford-street.

Are you a housekeeper? - I was then, at No. 252, Oxford-street, I had a house and shop there.

Was your name on the shop? - Yes, and profession too; I rented a house of 50 l. a year rent and taxes; my brother resided with me there ever since he was liberated from his former confinement, and he behaved very well there; I believe he got his pardon last August, and he resided with me ever since till the present time that I left the house.

PRISONER BURLTON's DEFENCE.

My master sent me to Mr. Smith's in King-street, Covent-garden; Mr. Norman, he is at the door, he is a carpenter and joiner, No. 2, Denham-court, Little Drury-lane; I was carrying two back-boards to Mr. Madden at the Seven Dials with a little frame, and when I had done there I returned back to Swan-yard; it wanted about five minutes to ten; I sat on the post the corner of Swan-yard till it struck ten; up came a young lad I knew, and asked me to take a walk, so I said, I must get up early to-morrow morning or else I shall get no money to spend on Sunday; I saw a mob, and heard something jingle; I looked down and took this thing up, and I returned home to my master, and the next morning I shewed it to the two apprentices that laid in bed, and to every body round the neighbourhood; when I came up, there was a mob at the Lyceum door; I did not hear that any body had been robbed; I heard something jingle among the people's feet, and thought it was a buckle.

JOHN GARTH sworn.

I am a publican in Little Drury-lane, I keep the Old George; I know Burlton came to me in the morning, and said he had found a watch-case, he wanted to look over my newspapers; he said I have found a gold case; I said, I dare say it is cold enough; I think it was the 2d or 3d of July, I believe it was the 2d, he came the next morning to look again at the papers.

JOHN NORMAN sworn.

I am a picture-frame-maker; I know Burlton exceedingly well; he has worked with me better than half a year, he behaved exceedingly well, very honest and just; on the evening of the 30th of June he went from my house to take some things between eight and nine; I cannot tell what time he came home, he does not lodge with me.

Shall you be willing to take him again if he is acquitted? - Oh, by all means.

BENJAMIN WESTON sworn.

In the morning after the prisoner Burlton found the watch-case, as he told me, but I do not recollect what morning he was taken up, the second morning after he brought me the watch-case; it was an enamelled case like this, it had no glass in it.

ZACHARIAH CARTER sworn.

I have known Burlton about four years, a very good character; I saw the lad the next day after he said he had found the case, and he told me of it, he met me in the court where he lived.

HENRY LANG sworn.

I think it was the 2d of July, as near as I can recollect, that he shewed it to me.

Court. It seems pretty clearly established that this young man, without any reserve, shewed the watch-case to several people till the time he was taken into custody.

(There were many more witnesses to the character of Burlton which the Court did not examine.)

JOSEPH SHORT , GUILTY .

Transported for seven years .

HERBERT BURLTON NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17880910-57

555. CHARLOTTE WALKER and SUSANNAH RICHARDS were indicted for stealing, on the 31st day of August last, a silver watch, value 30 s. the property of Samuel Cooke .

BOTH NOT GUILTY .

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

Reference Number: t17880910-58

556. WILLIAM WOODING and MICHAEL YOUNG were indicted for burglariously breaking and entering the dwelling house of Margaret Johnson , about the hour of nine in the night of the 29th of August , and stealing therein five shirts, value 10 s. two shifts, value 4 s. two linen waistcoats, value 2 s. six pair of cotton stockings, value 6 s. two linen handkerchiefs, value 1 s. 6 d. a linen cap, value 6 d. six pieces of canvass, value 1 s. a piece of a blanket, value 1 s. a pillow-case, value 1 s. her property.

(The witnesses examined separate.)

MARGARET JOHNSON sworn.

I live in Williams's-court, No. 4; on Friday last was a week my house was broke open; I went to bed at half past ten, this happened at nine.

Was you at home? - No, I was out; I fastened my door and my windows; I went out a few minutes before nine; I was not gone out ten minutes; I secured every thing fast.

Was it dark then? - It was about an hour after candle light; when I returned there was a woman that lodges with me went with me, and I saw my door wide open, and one stocking and one cap.

Had you locked the door when you went out? - I did not lock my door, I lost the key, but I latched it, which is as good as a lock, I opened it with a bit of stick; the woman that lives with me was at the door before me, and she picked up a stocking and a cap; I had that cap and stocking in the bundle among all the rest, and I missed a whole bundle of wet linen, as mentioned in the indictment; (recites them) the things are all here, they were in my custody for washing, some of them, and the rest are my property.

Mr. Garrow, prisoner's counsel. What time did you come home that evening? - I came home in the course of ten minutes after I went out.

Was not it light enough to see without a candle at that time? - No, sir, it was not, I had a light half an hour.

Can you take upon yourself to say, that you certainly latched the door, might not it have missed? - Yes, I did.

CHARLOTTE LIGHTFOOT sworn.

I came home with Mrs. Johnson, and the door was wide open, and there was a candle lighted, and there was a stocking and a cap laying just on the inside of the door, and the things were all gone from the table.

ROBERT DAWSON sworn.

I am one of the officers; here is a bundle that the prisoner Young dropt about half past nine in the Back-lane, St. George's, near Rosemary-lane; there were four people, the two prisoners and two others; I saw the two prisoners, each with a bundle; I caught hold of one, and tried to catch hold of Young, he slipt my hand and dropt this bundle.

How far is this from the prosecutrix's? - I believe it is about half a mile.

Was it the same night her house was robbed? - Yes; Mayne, the other officer, took the prisoner Wooding.

(The things produced and deposed to.)

Prisoner Young. Did you see me in the Back-lane that night? - I had hold of his coat, he slipt me; I know the prisoner very well, I cannot be deceived.

PETER MAYNE sworn.

This bundle I took from the prisoner Wooding, the same night between nine and

ten; Dawson and me were in the Back-lane, and we met the two prisoners, Anderson and another man; I laid hold of Wooding, he had this bundle in his hand, he made resistance, he dropt this bundle; it might be half after nine; the prisoner Young, had another bundle in his hand, but what he did with it I cannot take upon myself to say.

(These things deposed to.)

Prosecutrix. I cannot undertake to swear to these things and die the next moment.

PRISONER YOUNG's DEFENCE.

I was in Oxford-road the same night at the sign of the George, and that man never saw me that night.

Court. Have you any witnesses? - Not now, I had some yesterday.

The prisoner Wooding called five witnesses, who all gave him a good character.

WOODIN YOUNG,

GUILTY, Not of the burglary .

Transported for seven years .

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

Reference Number: t17880910-59

557. GEORGE MARTIN was indicted for stealing, on the 2d of September , eleven yards and a half of Wilton carpeting, value 30 s. the property of Edward Smith and Robert Pearcy .

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17880910-60

558. WILLIAM BARNARD PHILLIPS was indicted for stealing, on the 15th of July , eleven pounds weight of sugar, value 3 s. 6 d. the goods of persons unknown.

WILLIAM WELLS sworn.

On Tuesday the 15th of July I saw the prisoner come out of a lighter near the keys, that had been landing sugar; it was between four and five in the afternoon; he had something under his arm; I stopt him, and asked him what he had got there; he said a little sugar; I asked him where he got it; he said the watchman gave it him; I told him I should take the watchman into custody; then he denied that, and said he found it in the lighter; I told him I would take him to the compter; he said, if you will not take me to the compter I'll give you some money; I told him no, I would take him there; he said, then if you won't do that you can do one thing for me, that is to reduce the quantity of the sugar; I would not, and then I took him to the compter.

Mr. Garrow, prisoner's counsel. There was no person present but yourselves? - No.

You have taken up a great many persons, have not you? - Yes.

What became of the persons you took up since? - I do not know.

You are a handy man at taking people up; what became of the men you have taken up since? - I do not know.

Tell me some of the names of those you have taken up since? - I cannot rightly.

Look at your book and see if you cannot find 2 l. 2 s. set opposite to any of those mens names; don't you know of the two men who stole the 7 lb. of tobacco? - Yes, they were discharged by the lord mayor.

Or, before they came there, you know for the 2 l. 2 s.? - No, not for that.

How long has this man been employed on the keys? - I don't know.

Do you mean to swear that the many men you have taken up have not been discharged without prosecution? - I cannot say, sir.

JOHN JOHNSON sworn.

I know nothing about it; the prisoner went on board the lighter as a ticket porter.

THOMAS HUNTER sworn.

I claim the sugar as the property of the West-India merchants.

The prisoner called five witnesses, who had all known him for a number of years, and gave him a very good character.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17880910-61

559. HANNAH ROWNEY was indicted for stealing, on the 22d of July , one printed book bound in leather, called a common prayer book, value 5 s. the property of the parishioners of St. Catharine Cree , in the custody of Caesar Danby Pigenit and another, Churchwardens.

A second count, for stealing, on the 20th of July, one other printed book, entitled the Holy Bible, value 10 s. the property of the parishioners of the same parish, in the custody of the same persons.

CAESAR DANBY PIGENIT sworn.

I am one of the churchwardens of the parish; the prayer-book was used in the clerk's desk; the books for the use of the clergyman and clerk are found by the parish, out of the church rate; I believe my Lord, the sexton (who is a woman) has the care of them; they are locked up, or ought to be, by her; the sexton has been appointed a long time, and I believe they are generally appointed by the vestry.

WILLIAM TOMLINSON sworn.

On the 2d of July, the prisoner at the bar came to me to pledge the prayer-book for 5 s. and on the 21st of September she brought the large bible; she said her husband dealt in books, and that he was very ill; I had information that the books were stolen, and on the 1st of August, the prisoner came with another book, about nine o'clock in the evening; I went for a constable and took her.

HENRY FACEY sworn.

I know the prayer book by a private mark I made myself; I am the parish clerk; it was stole from my desk; I never saw the prisoner before she was taken up.

ROBERT HAMBLETON sworn.

I know the bible by reading continually in it, as being minister of the church.

PRISONER's DEFENCE.

My husband brought them to me, and gave me them to pawn; I have been married these five years; I have not seen my husband since I have been in custody; he ran away.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

560. The said HANNAH, wife of Patrick Rowney , was again indicted for feloniously stealing on the 1st day of August last, in the parish church of St. Giles's in the fields , a folio-printed common prayer book, value 5 s. the property of the parishioners of the said parish, in the custody of Lawrence Partridge and James Goodwin , churchwardens.

A second count, for stealing a printed book, value 5 s. the property of the said parishioners, in the church of the said churchwarden.

(The case opened by Mr. Scho.)

ELIZABETH FRENCH sworn.

I am pew-opener at St. Giles's; I was in church the 31st of July, about twenty minutes before three; I staid rather better than half an hour; there was a poor woman to be churched; and I saw the clerk's book on his desk then; on Friday morning I went in about twenty minutes before eleven, and the clerk's book was missing; it was prayer day on a Friday; I came out and said the book was gone; and a person went and found it at the pawnbroker's.

WILLIAM TOMLINSON sworn.

I am a pawn-broker in Denmark-street; I recollect the book being pawned with me; I did not take it in; I saw the prisoner take it in her hand; I was in the shop; the boy took it in; this was a little before eleven on the 1st of August; I am sure to the person of the prisoner; she came again in the evening with another; I detained her, and sent for a constable; I have seen the prisoner before; my boy took in the book; he is here.

DAVID LAMB sworn.

I am servant to Mr. Tomlinson; I recollect being in the shop on the first of August, in the morning I saw the prisoner; she came and offered me a book to pledge; which I lent her half a crown on; it might be about eleven; the book is here; I am positive she is that woman that pledged it.

Is that the book? - I cannot say; the book was tied up and laid by, and I had no further business with it.

Tomlinson. This is the book; I wrote my name in it at the justices; I carried the book to the justices; I saw the book, and the woman with it in her hand; I am clear this is the book.

JOHN TAYLOR sworn.

The latter end of April last, or the beginning of May, I had a message sent from the vestry, to furnish the parish church with that book and another; I bound it; I am a stationer and bookbinder; I sold that book to the church at St. Giles's; here are some impressions of the names of the churchwardens; the book is not now in the same condition as when I delivered it, the label is torn off from the outside, which had the names of the churchwardens; this is the fellow to it; there were the names of Lawrence Partridge, and James Goodwin on it, which have been torn off.

(The books handed to the Court and Jury.)

Court. Did you sell but two books to the parish of St. Giles's? - At that time only two; I delivered them on the 16th of May to the vestry myself; I have the tools with which all these marks were made; I have no doubt but this is one of the books.

JOSEPH HOLMAN sworn.

I am parish clerk of St. Giles's; I remember the delivery of the two books; one was put in my desk, and the other in the minister's desk; (these are the books) the perfect one was taken from off the minister's desk to match with the other.

The prisoner made the same defence as in her trial preceding this.

GUILTY. 10 d.

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880910-62

561. WILLIAM MASON was indicted for stealing, on the 14th of July last, one table clock, in a brass case, value 20 s. a brass key, value 1 d. one gold repeating watch, value 10 l. one silver watch, value 40 s. one other gold watch, value 5 l. one other gold watch, value 5 l. seven crown pieces, value 35 s. six half crown pieces, value 15 s. twenty eight shillings, twenty two six-pences, eleven silver four-pences, fifteen silver threepences, seven silver two-pences, thirty five silver pennies, a piece of foreign silver coin, value 4 s. and sixteen other pieces of foreign coin, value 20 s. the property of William Duke of Devonshire .

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

CHARLES JEALOUS sworn.

Examined by Mr. Garrow. I believe, on the 16th of July, you made a search? - Yes, at Mr. Fox's, a silversmith in Marybone-street, Shug-lane, both backwards and forwards.

Who did you see there? - I went up to the two pair of stairs back room, and saw Mrs. Morant, and Miss Morant, who afterwards said she was married to the prisoner.

What did you find in that apartment? - Two large gold watches; I found a large bag of different coins in the two pair of stairs backwards, and in the silk bag was this inventory of the articles that it contained.

Did you see any thing else found by any other officer? - Yes, there was a table clock and some other watches, which M'Manus found; I saw the prisoner walk with Mr. M'Manus to the office in Bow-street.

Was any thing said to him at the office in Bow-street, either by way of threat, or promise, or inducement to make him confess? - Not any thing; he acknowledged before Mr. M'Manus, myself, and that gentleman (Mr. Lowten) who sits by Mr. Garrow, that this property was the property of his Grace the Duke of Devonshire; I did not hear him say how they came there; he said, he brought them himself from the Duke of Devonshire's; the prisoner acknowledged Miss Morant was his wife.

Mr. Fielding, Prisoner's Counsel. Who had this young man in custody before you saw him? - Mr. M'Manus.

PATRICK M'MANUS sworn.

I went to this house in Marybone-street; I saw Jealous find all the things he found; the first was a small table clock; it was found in a box locked up in a room, which Mrs. Mason said, was her bed-room; then I went to Devonshire-house, and saw the prisoner there.

Did either you, or any body else make him any promises? - No, Sir, I made him no promises.

Was he threatened at all? - No, Sir, not in my hearing; I was shewed into a room where he was; I searched him, and found some things upon him that are in the indictment; I said, Oh, Mr. Mason, whatever you have bid about this room I will certainly find it! he said, he had not hid any thing; now says I, do not give me the trouble to have all these things pulled about; I said, let me know where they are that we may not pull about the things, or do any mischief to the house; I said, as this room is another servant's room; when you are gone if these things are found, it will be fixed upon them, and it will be doing very wrong; well says he, here, behind here, I have chucked in two watches, but you cannot get at them; he strove himself, and he could not get at them; then we were obliged to get some of the Duke's servants to move some of the furniture to get out these two watches.

Court. In the whole of what you said to him, did you give him to understand that it would be better for him, or did you threaten him, or any thing of that sort? - No, my Lord.

Was there any thing like an insinuation of promise to him? - Not there that I know of.

Did he say whose property those watches were? - No, I do not think he was asked such a question in my hearing; from thence I went to Bow-street with him; in the way to Bow-street, I made him no promises; he said, there, they were the Duke's things; he said, they were all the Duke's things, and that they had got every thing; I saw some cloaths at the apartment in Marybone-street; and he said they were his; I was present when he mentioned the place where he was married; St. James's church; I heard no promises at all made him.

Mr. Fielding. Pray were there any part of the Duke's family with you during these conversations? - Yes, Sir, the Duke's people spoke to me.

Did they speak to him? - Yes.

Are you prepared to say on your oath to a certainty, that he said that these were the Duke's things? - He told me so himself.

Did not you hear the gentleman who saw him at the Duke's house, make use of a

conversation of that sort! - No, Sir, never to him; he told me, but I forget the names of the gentlemen he mentioned.

Did not you hear some one of the domestics say to this man, that he had better make an acknowledgment where the goods were? - Not one of the family to my knowledge.

How came he questioned at all about the marriage? - I asked him if he was married, and he told me that he was married at St. James's church; these watches were found behind a thing that looked to me like a book case, or something of that sort; they were not taken out of the Duke's house.

What were the cloaths? - Mens cloaths, such as he wears; he said, they were his property.

And the property you found in the Duke's house, in one of the rooms there, he acknowledged to be the Duke's? - Yes.

Mr. Garrow. And in that place he told you he had himself put them? - Yes.

And that you would not be able to get at them without assistance? - Yes.

Court. Did he tell you how the watches came there? - He said, he put them there.

Did he tell you from whence he got them? - No, he said, he put them there when he found he was to be stript in that room; he said, he would not have them about him; he put them in that place for fear of their being found upon him.

Did he use those words? - To the best of my knowledge he did.

Mr. Fielding. How came you in God's name to put so extraordinary a question to him, as to draw forth this answer, when he had made a discovery of the goods? - Because when I went to search him, I found he had a bank note concealed in his fob.

Why you had searched him; you knew all the property he had about him; what should have led you to put that question? - When I found those watches, I thought there were more.

JOHN FRODSHAM sworn.

Mr. Garrow. You are clerk to the magistrates at Bow-street? - Yes.

Was you present when these watches and that clock were produced before the magistrate? - There were a number of articles, and I believe those are the same; when the prisoner was examined before the magistrate, he made a confession, which is now in court in writing.

Court. Were there any inducements to confess? - I heard none, neither promises nor threats.

Mr. Silvester. Did you write the confession yourself? - I did, from the prisoner's own mouth.

Mr. Fielding. While you was present, Sir, there was no sort of promise or menace made use of? - I heard none.

Did you here it spoken of that there had been any? - I did not.

Mr. Garrow. Did you learn it from his own account? - I did not.

The confession read, signed by Mr. Addington, and witnessed by Mr. Chetham, who is now in court.

Mr. Garrow. We do not offer this as the prisoner's confession, because he has not signed it; but we offer it, that Mr. Frodsham may read it and give an account of it.

"Middlesex to wit. The examination

"of William Mason, taken before me

"this 19th day of July, 1788, who voluntarily

"confesses, that, at different times

"he has feloniously stolen and carried away

"a great variety of articles, the property

"of his Grace the Duke of Devonshire;

"that, among the said articles, he

"has taken away a great number of gold

"medals; that part of the said medals,

"which is 29, he sold to Thomas Harpur ;

"another part he sold to Thomas

"Whitford, for between 33 and 34 l. the

"17th of May last; that a third part of

"said medals was ten, he sold to John

"Farquhar, on the 16th of May last, for

" eleven guineas; one hundred medals, a

"gold snuff-box, five or six rings, and several

"pieces of gold, he sold to Joseph

"Clarke and Mr. Peter Plankes , for 83 l.

"and now confesses, that the different articles

"found at the lodgings of Elizabeth

"Mason his wife, now present, were likewise

"taken away by him, and were the

"property of his Grace."

Court to Prisoner. You have heard what has been said against you; what have you to say in your defence?

Prisoner. I do not make any defence; I leave it to my counsel.

For the Prisoner.

DOCTOR LORD sworn.

Mr. Fielding. I understand, in consequence of something that happened at Devonshire-house, that you interrogated that young man at the bar? - I did.

In the course of your conversation with him, did you hold out to him any promise, that if he made a discovery of any part of the effects he might escape, or it would be better for him? - I cannot tell you the day, it was previous to his being taken up, that the Duke called upon me, and told me his cabinet was broke open; there was an advertisement, and some of these things were produced by Parker; he described the young man; Parker came there, and said he believed he was the young man; I went with the Duke's steward, and he denied knowing any thing at all of the matter; I said, William, perhaps you are not aware of the consequence of this, perhaps you are not aware that this is a capital offence; now, says I, if you are found guilty, I do not know that the Duke himself can save you; and therefore the only chance you can have for escaping, is the making a free and frank discovery; at the same time, I said, I am not authorized to say so from the Duke, but I only give it you as my advice, that the only chance there is, in case you should be found guilty, is to make a free and frank discovery.

Mr. Silvester. Did he give you an account of the watches at his lodgings? - None at all.

Mr. Fielding. How long had this young man been in his Grace's service? - I really cannot tell.

Do you know from the Duke or Duchess, how long he had lived in the house? - I understood about a twelvemonth; he was in the situation of a confectioner; he gave me an account of the medals that were found at Devonshire-house, but neither the clock, nor the medals, nor the watches, were produced.

Court. How long was this before these things were found? - Two or three days.

THOMAS COOPER Esq ; sworn.

I live at St. Alban's; I know the young man at the bar, and his parents; they are in a reputable situation; I have known him from his infancy; I have always lived in the same neighbourhood; I know nothing of the Duke's taking him into his house; I believe he has lived there about two or three years; I always considered him, before he was bound to his father, and before his apprenticeship, to be a very diligent, respectable, honest, sober young man.

Mr. Silvester. What is his father? - A watch-maker at St. Alban's.

- KENT sworn.

I live at St. Alban's; I have known this young man and his family from his infancy; he had a general good character. (The witness appeared much affected.) - Mr. Fielding. It is a distressing scene, I do not wonder at your feelings. - He conducted himself in such manner, that I do not believe any one person in the town can say any thing against his character; he was guilty of as little vice as any young man in town.

JOSEPH LAW sworn.

I live at St. Alban's; I have known his family before he was born, and him between

17 and 18 years; his father lived about 60 yards from my house.

What character does the young man deserve from your report? - The most unblemished character I ever knew of a young man; I knew him up to the time he left St. Alban's; I can safely say I never knew any thing improper in his conduct; he was an honest, industrious, obliging young man, and his behaviour was a pattern to young men of his age; he continued so till he came to town, since that I have known little of him.

- HAWKINS sworn.

I live at St. Alban's; I have known this young man from his infancy to the time he came to town to the Duke of Devonshire's.

What was his character at St. Alban's? - I lived very near to him; I never heard the least thing said against him in my life; he was always an honest good lad till this; he is about twenty or twenty-one years of age; his father and mother live at St. Alban's now.

- GOULD sworn.

I live at St. Alban's; I have known him from a child a very good character; I never knew any thing amiss of him.

Does he deserve from you, that you should affirmatively speak that he bore a good character? - He does.

- NICHOLLS sworn.

I live at St. Alban's; I have known this young man from his infancy to the time that he came to the Duke.

What character can you give him? - An exceeding good one, such a one, that at that time he was perfectly unblemished; I never heard any thing against him, till this action.

JOHN JONES sworn.

I live at St. Alban's; I have known him from his infancy.

Speak of him, Sir, as you think he deserves? - His brother is an apprentice to me at this time; he has frequently been at my house backwards and forwards; I do not know a young man of a better character; I never saw him disguised in liquor, or use any bad words in his life; in short, he bore, as we understood, a most unblemished character.

Mr. CROWTHER sworn.

I am a whip-maker in Swallow-street; I have known him ever since he was an infant; I knew him as he grew up in life; I never knew any disrespectful thing of him in my life.

Was his character unblemished? - Unblemished indeed.

Mrs. SPARROW (a Quaker.)

I have known him for six years; he has a most unblemished character, to my knowledge.

Mr. Fielding. I suppose it will be in vain to ask you to be sworn, Madam? - I will affirm to any thing; I think him of an unblemished character, as far as I know.

JOHN FINCH sworn.

I live at St. Alban's; I have known him since his birth; he always bore a very good character, a very sober, steady lad, always attending church.

Mr. Fielding. I will not trouble your Lordship with any more witnesses.

GUILTY .

Mr. Fielding. My Lord, As I know it to be your lordship's desire rather to open than shut the gates of mercy, I take the liberty of informing you, on the part of this unfortunate young man, that, although somebody advised him to resist, and stand the chance of his trial; yet, I assure you, that it was the young man's intention

to have shewn every mark of contrition.

Transported for seven years .

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

Reference Number: t17880910-63

562. JANE HAMMOND and MARY HAMMOND were indicted for stealing, on the 30th of June last, one half guinea , the money of John Williamson .

BOTH NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880910-64

563. JANE FOULKARD was indicted for stealing, on the 4th of September , two brass stove-grate feet, value 6 d. a pillow, value 6 s. a sheet, value 4 s. two curtains, value 2 s. and two blankets, value 2 s. the property of Mary Lockhart .

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880910-65

564. JOHN FARRINGTON was indicted for stealing, on the 6th of August , eight deal window-shutters, value 2 s. the property of William Rolfe .

The shutters appearing to be fixed to the freehold, and a part of the freehold, were not the subject of this indictment.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17880910-66

565. CHRISTOPHER EAVES was indicted for stealing, on the 28th of August , one muslin handkerchief, value 4 s. three pair of muslin ruffles, value 1 s. 6 d. a pair of laced, ruffles, value 6 d. and two napkins, value 3 s. the property of Thomas Cotton .

The prosecutor's wife met the prisoner on the stairs with the property.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17880910-67

566. JOSEPH BARNEY was indicted for stealing, on the 5th of July , a cloth coat, value 2 s. and a linen waistcoat, value 1 s. the property of Joseph Roberts .

JOSEPH ROBERTS sworn.

I am apprentice to Mr. Bailey of Foster-lane; I only swear to the property, I know nothing of the prisoner.

- EDSELL sworn.

I am an apprentice to John Corfield , in Foster-lane; on the 5th of July last, about nine in the evening, I was standing at the door, about fifteen or sixteen yards from Mr. Bailey's, and I observed a person coming from the Horse-shoe passage, which I believe to be the prisoner; he went to the house of Mr. Bailey, and another person came through the passage in a blue coat, and was sauntering about the door; then the prisoner came out, and the other person followed him; in a few minutes the person in the blue coat crossed the way, and went into Mr. Bailey's house; during which time the prisoner sauntered about the door, as the other man had done before; and I observed that person in the blue coat come out with a bundle under his left arm, his left arm being nearest to me as I stood; then the prisoner crossed the way, and went under the passage with him; I crossed the way to Mr. Bailey's, and a little girl called Robert Harrison , and I went with him into Newgate-street; and returning home we found the prisoner by St. Ann's-lane,

and the other man with him; I told him, I believed he had been in Mr. Bailey's house; he said, he did not know Mr. Bailey, nor Foster-lane; I told him, I believed what he said was not true; I let him walk on; Harrison went into a butcher's in Aldersgate-street, and Harrison and me came up with the prisoner in Falcon-square; I repeated the same question to him, and while I was speaking to him, Harrison pulled out the coat, and declared it to be his, and there was a striped linen waistcoat; they were wrapped up in a blue apron which he had on; the constable kept them; he is here.

ROBERT HARRISON sworn.

I am an apprentice to Mr. Bailey; I did not see the prisoner in the house at all; I found my things upon him about a quarter of an hour after they were missing; a little girl opened the door and called me, and I went out with the last witness, and I found the things in the prisoner's lap, in Aldersgate-street; there was a blue cloth coat and a striped linen waistcoat; they were wrapped up in a blue apron; they were my fellow-apprentice's; I carried them home and gave them to the constable; his name is Wyatt.

THOMAS WYATT sworn.

I produce the coat and waistcoat.

Deposed to.

Roberts. This coat I have had about two years, and the waistcoat about four years.

Do you find your own things? - No; my father finds them; I am sure they are mine, because one of the cuffs is torn; I saw them at eight that evening; I left them in the compting-house, cross a sash next the street, the left-hand, going in at the street-door; I saw them again on Monday, at the Mansion-house.

PRISONER's DEFENCE.

I gave four shillings for the coat and waistcoat, of that there man that he saw come out of the house with them.

What the man in the blue coat, you mean? - Yes.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17880910-68

567. JAMES ROBINSON was indicted for stealing, on the 1st of September , a man's hat, value 6 d. a pair of buckles, value 1 s. and 10 s. 6 d. in money , the property of John Goldsmith .

JOHN GOLDSMITH sworn.

I went to sleep in the rank of coaches in Ratcliff-highway; I am a watering-man there; it was past eleven at night; when I awoke I missed my hat, my buckles, and 10 s. 6 d. out of my pocket; I went indoors to my master's house, and telling my story, in came the prisoner with a hat tied up in a bit of a handkerchief, which was mine, and the buckles were taken out of his waistcoat-pocket, and the hat-band and buckle of the hat, and 8 s. 2 d. in money.

William Dean , the watchman, confirmed the above.

(The things produced and deposed to.)

Prisoner. I bought the things of a young man, who said he had not a copper of money; and I went into this house to have a glass of gin.

GUILTY .

Sentence respited on account of the prisoner's being sick.

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17880910-69

568. CHARLES MACEY was indicted for stealing, on the 6th of August ,

a dimity gown, value 5 s. the property of Sarah Bolton .

Robert Breese saw the prisoner take the gown off Mr. Bolton's premises, at Brompton, and come through the hedge with it; it was laying on the ground to dry.

GUILTY .

Sentence respited, being sick; but to be

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17880910-70

569. JAMES LUFF was indicted for stealing, on the 18th of July , a silver watch, value 23 s. a watch-chain, value 6 d. and a watch-key value 1 d. the property of Elizabeth Wicks .

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17880910-71

570. RALPH DOWDEN was indicted for stealing, on the 2d of August , nine hempen sacks, value 5 s . the property of Robert Singer .

The sacks were found at the prisoner's house.

GUILTY.

Recommended by the prosecutor and jury, and

To be imprisoned six months ,

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17880910-72

571. MARTHA BURGESS was indicted for stealing, on the 27th day of August , one linen sheet, value 5 s. five glass quart bottles, filled with white wine, value 7 s. two other glass quart bottles, filled with red wine, value 3 s. two other glass quart bottles, filled with brandy, value 3 s. and two pounds weight of soap, value 1 s. the property of Christopher Bartholomew .

(The Witnesses examined apart.)

CHRISTOPHER BARTHOLOMEW sworn.

I keep White-conduit-house , in the parish of St. Mary, Islington ; the prisoner was my servant ; I discharged her on the 6th of August last; she asked me leave for her box to remain while the next morning; I gave her that permission; I had been out; on my return home, the servant of the house told me, that she had been for her box, and some things dropped out of her box in bringing it down stairs; upon which I applied for a warrant; I got a search-warrant, and went to her lodgings, which were in the neighbourhood, about two hundred yards from my own house; I enquired for her; she came; we asked her where her box was; she shewed us in an out-house; it is a small house; she opened the box, by the desire of the constable; and we found in it two bottles of wine, and a bottle of brandy; I am not sure whether it was one or two, but we found more in the house, and some soap; I think there were other things secreted in the house, and we went up stairs, and in the room where she acknowledged to have lodged, (for she had purchased a bed the evening after she had left my service) there was only a feather-bed, no furniture, the bed lay on the floor; and under the bed there was a sheet found; and about the room were found, in the box, and above-stairs, seven bottles of wine, and two bottles of brandy; the sheet was marked with my name, that I cannot swear to; I can swear to the sheeting; it is a peculiar kind of sheeting, it is very narrow.

Had the bottles any seals? - The bottles, several of them, were marked at the bottom with two dots, white spots, and likewise

the red wine was sealed with a black seal, with St. John of Jerusalem upon it; it was not my seal, it was the seal of Mr. Mendham; I cannot say as to that mark, it came from the Jerusalem tavern; I cannot swear to the bottles, because they came from a wine-merchant, and there are others marked the same; I asked her how she could account for having the brandy particularly; I said to her, I made no doubt but it was mine; she said, there was an accident happened in the bar; there are casks in the bar, for convenience; and she said, that in the night there was an accident, and it was spilt on the floor, and the bar-maid gave her leave to take it up; she said, she took the soap from the Angel-inn at Islington, which belongs to me; she was one of the servants that went there to wash the linen; but it is more than twelve months ago since she went to the Angel; she said, she brought the soap from the Angel, for the purpose of washing her own linen, but she had had no occasion to do that, for her linen was washed with the other cloaths.

Mr. Garrow, Prisoner's Counsel. Mr. Bartholomew, you keep the White-conduit-house? - Yes.

How long had this young woman lived in your service? - Very near three years.

Do you know from whom she came to you? - I hired her at Waltham statute, and I had a very good character of her from a farm-house.

She is an Essex girl? - I have heard her say so.

She was in the capacity of a dairymaid? - Yes.

You at the White-conduit-house, I understand, I have not the happiness of knowing much of the house, I wish I knew more from the appearance of the master, you make a great many syllabubs? - A great many.

Is it a common thing for gentlemen, who wish to indulge themselves, to carry their own wine to make syllabubs? - It has been desired, and therefore a prohibition was made.

Now if there is a prohibition, that shews it has been done; things are never prohibited that are never committed, but as a smuggler throws a tub of liquor to an officer, so if the dairy-maid now and then makes a syllabub, is it not a common thing to give the wine that is left to the dairymaid? - I never knew it.

We know that at all taverns the waiters sweep away the dead men, and some of the living among them; your business is very much conducted by a lady of the name of Wagner? - She is the bar-maid.

She is related to you? - No; I have a sister; Miss Wagner's mother is my housekeeper at the Angel; I discharged the prisoner, and took a receipt for her wages.

Did she desire the ladies to examine her boxes? - I had no reason to suspect this woman, I heard nothing of it.

She desired, however, that her box, instead of going away with her, might remain there till the next day? - Yes.

She took a lodging close by your house instead of coming to London and quitting the neighbourhood? - Yes.

She was preparing to reside there? - Yes.

At what time did you understand her box had been fetched away? - I believe I returned about twelve and it was gone.

At what time did you go with the search warrant? - That was two hours after.

The sheet had your mark unaltered? - Yes.

The corks of the wine had the seals still remaining unaltered? - Some of them, one had been drawn, but several of them had never been drawn.

Have you the same cook in your service which you had when she quitted you? - Yes.

Do you happen to know whether that cook and the prisoner were on good terms? - I have heard more since this trial commenced than I did before.

Have you reason to know that there was a considerable degree of animosity between these two persons? - I do not know of my own knowledge.

Have you heard that that same cook has

a faculty of using keys that are not her own? - No.

You never heard of her bringing a key from her late mistress that unlocks a closet of yours? - No.

The value of this soap was not very considerable, I dare say? - Why, sir, it is only laid at a shilling, but there was more.

You said this box was in an outhouse, but you sunk your voice, and added it was a small house, you did not mean it was put there for concealment? - No, sir, it was quite open, you might see it as soon as you went into the passage, but the sheet and wine were hid about the room; I understood she and another of my servants brought it down stairs, but their strength would not permit them to raise it, and it knocked against the stairs, and a bottle of wine and a bottle of brandy and some soap dropt out.

So that the prisoner was perfectly aware of its being known in your house? - Yes.

She had near 20 l. to receive? - She had not taken any of her wages on account, that was the reason of my parting with her; she took the money for my milk, and used to pay that over to Miss Wagner; I mentioned it to her, I thought I had not my property.

I believe that she, upon that occasion, insisted that she had paid to Mrs. Wagner, or to your sister, all that came to her hands? - That was her insinuation.

How long had that insinuation been made? - About a fortnight.

Of course, after that, she was not a very favourite servant of any body in the family? - I suspected her, and therefore discharged her; she said she was convinced there was not the money, and she thought there was not the money, but she insisted it was all the money that she had received; there is a cowman also takes money; it is a very great trust; I had not the least suspicion of her till laterly.

Jury. You have just now told us about a misfortune that happened in your bar, did any such misfortune happen? - It was impossible she could gather it up; I did not know that till upon her saying so, I made an enquiry, and so it was; when the casks were put into the cupboard, the nob of the door hit against the cock and so spilt the contents.

MARTHA WAGNER sworn.

I know that that is our sheet, I can swear to it; she was moving the box down stairs, and a bottle of red port broke in the box, it spilt all the way down stairs; that young woman and another were bringing the box down, it was the kitchen-maid; as the box was coming down the lower stairs the bottom part came out, and a bottle of brandy and some soap, which I took up; I told Mr. Bartholomew when he came home, and shewed him the soap; I could not swear to the other things, but I believe them to be ours; I saw the things taken from her lodgings, the sheet under the feather-bed, and the other things that were found.

Mr. Garrow. The prisoner's box did not go away the day she was discharged? - No, the next morning; she desired it might stand there all night; that was cook's room.

Do you recollect the prisoner asking you to search her box before she went? - Yes, sir, she did.

Did you search it? - No, sir, I never searched any servant's box.

This young woman had lived a good while in the service? - Yes, about three years.

The remainder of this Trial will appear in the next Part, which will be published in a few days.

Reference Number: t17880910-72

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 10th of SEPTEMBER, 1788, and the following Days;

Being the SEVENTH 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 VII. PART V.

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 Martha Burgess .

There was nobody in the family had any dislike to her? - Not that I knew of; she used to quarrel sometimes with the servants.

When you saw these things dropping out of the box, why did not you speak to her? - She went up so fast I could not speak to her.

Who wiped up the place and picked up the things? - The kitchen-maid did; she gave the box to the man and he took it away.

Some of the servants were about the house; you should have said, why, you desired me to search the box, it is high time now? - I might, but I did not.

Who did receive the milk money while the prisoner was in the service? - I and my sister, through her hands.

Do you remember at any time any complaints from the prosecutor that it did not amount to as much as it used to do? - Yes, I do; she said, she thought I and my sister wronged Mr. Bartholomew of it.

She had the misfortune to continue in the service a short time after? - Yes.

The cook is a favourite servant? - I do not know that she is a particular favourite.

She generally was a party in the little dissentions? - I cannot say.

Have you ever heard the cook say she would be the ruin of this young woman? - No, sir.

What may you have heard her say? - I do not remember any thing particular; when servants quarrel, I never take any notice, I go and make them hold their tongues, if I can; I never heard her say what she would do with her; I have heard them quarrel frequently.

Upon your oath, have you not heard her express herself with great violence against this young woman? - No, sir, never.

Have you not heard her speak of her as a person she would be the ruin of? - No, never, I do not know what she said, she said she was glad of the prisoner being

found out, for this person used to call her dishonest.

Did not the prisoner tell some aukward story about the key of a closet? - No, sir, I never heard that, never in my life.

But generally that she was a thief? - Yes.

Do you remember the circumstance of the brandy being spilt in the bar? - Yes, I do, it was at two different occasions.

Was any of it given to any servant in the house? - There was none to give, it was all sunk in the floor; I bid her mop the floor, but there was not any to take up.

Recollect yourself, Miss Wagner? - I do recollect myself; I know what I am saying of.

Do you mean to say, that you do not know of any occasion upon which there was some brandy spilt in the bar, and the prisoner was permitted to take it up? - I never heard that she could take any up.

I do not ask you if she could, but whether she was not told she might if she could? - I bid her mop it up; but I am sure there was none to take up.

Do you happen to know whether it now and then happens that the gentlemen make their own syllabubs? - Yes.

You do not take a very strict account of the remains of the bottles; pray madam, I think you said, Miss Birds was your sister? - No, she is not; I have a sister there.

Are you related to Mr. Bartholomew? - No, sir.

You are only the bar-maid? - No, I am not the bar-maid; my sister is the barmaid.

So you live there to keep your sister company? - I have lived there these five years.

THOMAS ISAACS sworn.

On the 7th of August last, Mr. Bartholomew applied to our office for a search warrant, to search the prisoner's room; we found a sheet under the bed upon the ground; and under the bed there were some bottles of wine along side of the wall; she said, they were her own.

What did she say about the sheet? - She did not say any thing particular about the sheet, any more than that it was her own, till it was produced before a young lady that is here, and the young lady said, it was their property; the prisoner said nothing then; in the box there was some soap found, and in another box there was a bottle of brandy found, and in another box there was some wine found, and five bottles of wine lay upon the ground; she said the wine was given to her, and the brandy was given to her.

Mr. Garrow. Recollect yourself; after she saw the mark on the sheet, did not she say she did not know how it came there? - I believe she did.

There had been no attempt to take out the mark? - Not that I know of; I believe she did say so; she acknowledged that she had brought the soap from the Angel.

(The sheet produced and deposed to.)

PRISONER's DEFENCE.

Did not I tell you when you spoke about the sheet, I did not know how it came there; you said, Martha, I want you to look at your box, yes, says I, and welcome.

Jury to Isaacs. Did she give you permission to examine her box? - Yes, she did freely from herself without any hesitation whatever.

THOMAS HAWKINS sworn.

I have been cellarman to Mr. Bartholomew about sixteen months; I found the prisoner in his service; I know the cook, and all the servants of the house.

Were they on very good terms, the cook and the dairy-maid? - Very often wrangling.

The Dairy-maid used to call the cook a thief? - I never heard her.

There was a sort of animosity between them, and they have quarelled, and said,

one would do for the other? - The cook told the dairy-maid to take care she did not do for her first.

Court to Isaacs. What sort of a box was the prisoner's box, when you found the sheet? - The box in which the soap was, was a small caravan box, I believe it was open.

The sheet was found under the bed, not in the box? - Yes, and the wine.

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

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17880910-73

572. MARY SMITH was indicted for stealing, on the 5th of September , a wicker sieve, value 6 d. and half a bushel of apples, value 6 d. the property of John Clark .

JOHN CLARK sworn.

On Friday morning last, I came to town with a load of fruit, and had it unloaded in Newgate-market; I staid there till near three; and when I heard a coffee-house was open, I went to get a dish of tea; during my absence, the prisoner took the sieve of apples, and the watchman took her afterwards with the property on her.

THOMAS DUKES sworn.

I am a watchman; I took the woman near the market with the sieve of apples on her.

(Produced and deposed to.)

PRISONER's DEFENCE.

I did it out of poverty.

GUILTY .

To be Imprisoned for six months .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17880910-74

573. JAMES RILEY was indicted for stealing, on the 14th of August , 8 lb. weight of sugar, value 2 s. the goods of Samuel Pinchen , John Porter , William Lock , Francis Philips , Evan Lee , Joseph Phillips , and Thomas Tilby .

WILLIAM LOCK sworn.

I took the prisoner in our warehouse on Brewer's-quay, with a quantity of sugar concealed in the lining of his jacket; it was the 14th of August, about noon; the prisoner had worked for us, but was not employed at that time.

WILLIAM HOW sworn.

On the 14th of August, Mr. Lock gave me charge of the prisoner; I took him to the Poultry-compter; searched him, and found the sugar; about 8 lb.

PRISONER's DEFENCE.

In working out the other boat the sugar was in the hogshead; I was no further than than the half story.

GUILTY .

Whipped , and Imprisoned six months .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17880910-75

574. STEPHEN SKILLEN was indicted for stealing, on the 12th of July , a linen handkerchief, value 1 s. the property of William Lancaster .

The prisoner was seen to drop the handkerchief, and the prosecutor took him.

GUILTY 10 d.

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17880910-76

575. JOHN MILLER was indicted for stealing, on the 8th of August , a dimity

muslin waistcoat, value 1 s. a pair or cotton stockings, value 6 d. the property of Henry Coker .

HENRY COKER sworn.

The prisoner was a hair-dresser , on the 8th of August, when the prisoner came to dress me, some money was missing; after he had dressed me and another gentleman, instead of going home to his master, he went away; his master found him the same day with a bundle; he brought him to us, and we sent for a constable, and we searched him, and found the things in the indictment, in the bundle, with some other things, which he said were his own.

- RYDER sworn.

The prisoner was my servant; he left me in the morning; I took him afterwards in the street with a bundle, and carried him to Mr. Fawcett's, where the prosecutor lives.

(Property produced and sworn to.)

PRISONER's DEFENCE.

I know nothing of them.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17880910-77

576. JOHN LANE was indicted for stealing, on the 8th of September , two pint pots, value 2 s. a quart pot, value 1 s. 6 d. the property of James Fletcher .

And JAMES PENTECROSS was indicted for receiving the same, knowing them to have been stolen.

BOTH NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17880910-78

577. SARAH GOMER was indicted for stealing, on the 11th of September , a linen shirt, value 3 s. three caps, value 6 d. three ditto, value 6 d. two aprons, value 2 s. a handkerchief value 2 d. the property of William Sarvey .

WILLIAM SARVEY sworn.

On the 11th of September, I was called down by somebody in the house, who said, they imagined somebody was stealing the wet linen; it was in a washing tub of hot water; I came down, and found the prisoner concealed in the coal-cellar, with the linen by her; she said, she only wanted to go to the necessary; I sent for the constable and delivered her to him, and told the constable where the linen was; I would not pick it up; I touched it, and it was quite hot.

THOMAS APPLETREE sworn.

I am a constable; the prosecutor sent for me, and gave me charge of the prisoner; I took her into custody; he told me where the linen was, which I took up; it was quite hot; I have had it ever since.

(The things produced and sworn to.)

PRISONER's DEFENCE.

They never took any thing from me; I never touched any thing.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17880910-79

578. DAVID JONES was indicted for stealing, on the 19th of July , one tin jug, value 1 d. and eighty steel chase punches, value 10 s. the property of Joseph Barnard .

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17880910-80

579. LEWIS LANG was indicted for stealing, on the 9th of September , two

leather boots, value 5 s. the property of Edward Davis .

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17880910-81

580. THOMAS TRUSTY was indicted for stealing, on the 30th of August , a pair of linen sheets, value 6 s. two muslin neckcloths, value 1 s. a silk handkerchief, value 2 s. a linen shift, value 1 s. the property of Martha Wright .

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17880910-82

581. THOMAS MORGAN was indicted for stealing, on the 3d of August , a silk hankerchief, value 2 s. the property of William Lyme .

Edward Ryland and James Wilson saw the prisoner take the prosecutor's handkerchief from his left hand pocket.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17880910-83

582. ANN BREAN was indicted, for that she, on the 29th of April last, at the parish of Tottenham-high-cross , being big with a certain female child, the said female child, alone and secretly from her body, by the providence of God did bring forth alive, which said child, being so born alive, by the laws of this realm was a bastard, and that she, not having the fear of God before her eyes, but being moved and seduced by the instigation of the devil, afterwards with force and arms, on the said female child, feloniously and wilfully did make an assault, and that she, the said child, so being born alive, into a certain privy, wherein there was a great quantity of human excrement and other filth, feloniously, wilfully, and of malice aforethought, did cast and throw, by reason of which said casting and throwing of the said female bastard child, into the privy aforesaid, the said female bastard child, with the excrements and filth aforesaid, was then and there choaking and suffocated, of which said choaking and suffocating, the said female bastard child instantly died, and so the jurors, upon their oaths, say, that she, the said Ann Brean , the said female bastard child did kill and murder .

She was also charged with the like felony and murder on the coroner's inquisition.

Court. Do you know the prisoner? - Yes.

ELIZABETH GILES sworn.

How long have you known her? - She came to my house in April; I cannot say the day of the month.

To lodge at your house? - Yes.

Where do you live, madam? - At Tottenham-high-cross.

What have you to say respecting the death of this child? - I can say very little about it, any further than she was taken bad the 29th of April, about three in the morning.

She had appeared to be with child before that? - Yes, I taxed her with it in the night I slept with her; she left the room the 29th of April, between four and five.

How long did she stay out of the room? - I really cannot say; I was heavy to sleep; I had knowledge that she was out of the room; she awaked me with getting up; but while she was gone I dropt asleep again.

What passed on her return? - I accused her with being in labour, or else delivered.

Why did you do so? - By the situation that she appeared in.

What was that situation; do you mean from her look, or complaint, or what? - No, from the appearance of her linen; I taxed her with being delivered or having miscarried.

What did she say to that? - She denied it; and I told her, I was sure there was something had happened to her more than common; I got up directly; and I was led to the necessary; and by the situation I found the necessary in, I thought some such thing must have happened; and I called my sister; she came directly with me.

Did she live in the same house with you? - No, just across the road, at a little distance from the house.

How far from the house is the necessary? - A few paces; not a great way; my sister went up to her, and talked to her; and I shewed my sister her gown; my sister and I searched the necessary; my sister found the infant; I was present when she found it, but I did not look down.

What time might it be when you found the infant? - I think, to the best of my remembrance, they said, it was ten minutes after five.

Where was the prisoner? - In bed, up stairs.

Did you examine the child? - No.

You told us the necessary was a few paces from the house; suppose she had called out? - Not any body in our house could have been at her assistance; it was out of hearing of our house.

What was the infant? - A girl, a female.

Do you know whether it was full grown? - At the full growth, the doctor said; I do not know myself; I did not examine the infant.

Were there any marks of violence upon it? - None at all, no marks of violence.

Was she so big with child that it was visible to every body? - Yes.

Not possible to be concealed? - No, not possible to be concealed.

Mr. Garrow, Prisoner's Counsel. I believe before this poor woman got up, you had mentioned to her, that she was very restless several times? - I asked her, and she said, she was disordered, she thought, by eating rice-milk for supper.

Did she say, she had something of the cholic? - To the best of my remembrance she did.

Was there appearances at the necessary, as if the delivery had been there? - Yes, I am sure she could not have been delivered in the room; when she came up, she had nothing on but a gown, a handkerchief, and shoes.

Was you the person that found the baby-linen? - No, but I saw it yesterday.

Supposing her complaint to have been what she represented to you, there was no opportunity for her to be relieved in the room without going down; no night-chair? - No, there was none.

When she returned, do you remember asking her again how she was? - Yes, she told me she was better than when she went out, though but very poorly.

ANN SUTTON sworn.

Court. What time did Elizabeth Giles come to you? - At five o'clock.

You went immediately, I understand to the necessary? - I went up to Nanny first.

Do you mean Ann Brean ? - Yes.

Where did you find her? - In bed.

Did any conversation pass between you? - I asked her how she did; she said, very well, I thank you, my dear, as well as ever I was in my life; I told her, my sister said, she was very bad; says she, your sister says, I have been in labour; do not you think I have had a very good time; and I said, yes, if it is over; with that my sister shewed me her gown.

Did you know before this, that she was with child? - I always thought she was, and I told her so.

Was she big with child? - Yes, very big; when my sister shewed me the gown, I was convinced it was over; I immediately

took the candle, and went to the necessary.

What did you observe there? - The first thing I saw, was the after birth.

Where did you see that? - Down the necessary; I said, to my sister, here is one thing; here is the child; but I could not find the child at first; it was covered with a kind of dirt and rubbish.

Did that rubbish appear to you to have been rubbish that was previously in the necessary, or rubbish just thrown in, in order to cover it? - It was what she said, she had taken to wipe the floor.

What was this rubbish? - A kind of hay and straw; I went back directly to my father's house, and fetched a stick; and in pushing the soil one way, I came directly to it; I could not get it out; and I went over the way, and fetched my husband; I saw it after it was taken out.

Did it appear to you to be full grown? - Yes.

Are you a mother yourself? - I have had one child.

Were there any marks of violence upon it? - No.

A Girl? - Yes.

Mr. Garrow. Mrs. Sutton, you have had but one child? - No.

Did that happen to be a lively strong child? - No, sir, I had so bad a time it was not saved.

This child that was found in the necessary was a very strong child? - Yes, sir, larger than mine.

Most likely to force a birth? - Yes.

When you came to the place, there still were the appearances of the accident that had taken place? - Oh, yes! from the up-stairs room to the necessary.

It was clear that the accident happened at the necessary? - Yes.

It could not have happened before she left the bed? - No.

Did you see the baby-linen? - Mrs. Richards shewed it to me directly.

That was immediately after? - Immediately; it was up stairs in the bed-room.

WILLIAM SUTTON sworn.

I was at the finding of this child.

Did you examine it? - No; when I pulled it out, my brother-in-law opened a coarse apron, and I put it it in, and carried it in doors to my wife, and she wiped its mouth and its eyes.

Was it alive or dead? - I saw no life in it.

Any marks of violence? - None that I could see.

Mr. Garrow. How long have you known this poor woman? - It was just a fortnight since she came to my father's house.

Had you any opportunity of knowing whether she was fond of children? - Yes, sir, she was fond of children; our little boy was very fond of her, and she was fond of him.

ANN RICHARDS sworn.

I saw this child soon after it was found, between five and six in the morning; here is some child-bed linen that I found in the prisoner's room. (produced.)

Is that proper linen for a new-born child? - Here is every thing sufficient for a new-born child.

How do you know it to be the prisoner's? - I found them in the room, and she said they were hers.

WILLIAM HOLT sworn.

I am a surgeon; I was called to the house where the prisoner lodged, about six in the morning.

You examined this child, I dare say, very carefully? - I did.

Did you see any mark and violence upon it. - Not in the least.

Did it appear to be a full-grown child? - It did.

Could you, from any observation you made upon it, be able to say whether it was born alive or dead? - No man can swear to that.

Court to Jury. Then, gentlemen, I put it to you, whether you wish me to sum up the evidence, after what you have heard.

Jury. We are satisfied.

NOT GUILTY .

Not Guilty on the Coroner's Inquisition.

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

Reference Number: t17880910-84

583. RACHEL wife of JOHN HARMER , was indicted for that she, not having the fear of God before her eyes, but being moved and seduced by the instigation of the devil, on the 22d of June last, with force and arms, in and upon a certain male child, then lately before born of the body of her the said Rachel, in the peace of God and our lord the king, then and there, being, feloniously, wilfully, and of her malice aforethought, did make an assault, and with both her hands, about his neck, did fix and fasten, and him the said male child, then, and there, feloniously, wilfully, and of her malice aforethought, did choak and strangle, of which said choaking and strangling, the said male child, then and there instantly died .

And ELIZABETH WILLOWBY was indicted for that she, at the time of committing the felony aforesaid, feloniously, wilfully, and of her malice aforethought, was present, aiding, helping, abetting, assisting, comforting, and maintaining, her the said Rachel Harmer , the said felony and murder aforesaid, to do and commit, and so the jurors upon their oaths say, the said Rachel Harmer and Elizabeth Willowby the said male child did kill and murder.

STEPHEN WITHERBY sworn.

I know but very little of this matter; I am only overseer, and bound over to prosecute.

EDMUND GODDARD sworn.

I only found the child in a pond, on Monday the 23d of June; the pond is in Bethnal-green parish; I had a large Newfoundland dog with me, and he brought it to me out of the pond; he brought me a large cloth, I believe it was a gardener's market-cloth; the cloth opened, and there I saw the child; I just looked at it, and retired from the pond for a few minutes, and two women came by; I told, them, and they went and looked at it; I do not know their names, the people of the parish knew them.

Was there any marks on the child? - None that I perceived.

Was it full-grown? - Yes, I perceived it had hair on; a fine child.

HENRY HURD sworn.

I live at Bethnal-green; I know the prisoners, they lodged in my house; the 22d of June, I heard the prisoner Harmer between four and five call to her little boy, William; I was up.

What, she has a son, has she? - Yes; I thought by her calling she was not well; immediately after the boy came down stairs, I asked him if his mother was not well; and he said, she was very ill; I then sent my wife up stairs.

How long had she lodged at your house? - Three weeks.

She was known to be with child? - She never owned it to me; I saw her several times, but I did not ask her the question; she appeared like it.

ELIZABETH HURD sworn.

I went up stairs, and I found Mrs. Harmer ill; I asked her if she wanted help; she said no; I stopped about ten minutes by the bed-side; I heard no noise of a child; I went down stairs again, and stopped ten minutes, and went up stairs again, and asked her how she was; she said she was charmingly; I asked her, if she had miscarried; and she told me yes; I asked her where it was; and she immediately rose up in the bed, and asked me to give her a coarse cloth off the line, which I did; and she took the

child from her; the child was then dead; I looked at it.

Any marks of violence upon it, madam? - Not that I could see.

Court to Jury. Then, gentlemen, that makes an end of this case, undoubtedly, because she saw the child, being dead, before it was thrown into the pond, and no marks of violence upon it.

NOT GUILTY .

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

Reference Number: t17880910-85

584. JOHN COLLINS , ROGER MOLLOY , and THOMAS HUNT were indicted for stealing, on the 30th of August , 22 pounds weight of lead, value 2 s. belonging to John Dutton , and fixed to a certain building of his , against the statute.

There being no evidence but that of an accomplice, the prisoners were all three ACQUITTED .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17880910-86

585. JOHN FINCHAM was indicted for stealing, on the 15th of July last, a two-gallon copper pan, value 6 s. the property of Elias Glare .

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17880910-87

586. PATRICK FLANNAGAN was indicted for stealing, on the 20th of July last, a quart pewter pot, value 12 d. and three pint pots, value 1 s. 6 d. the property of Andrew Gallant .

The prisoner was taken with the property upon him.

GUILTY .

Whipped .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17880910-88

587. ANN HALL was indicted for stealing, on the 10th of May last, five yards of linen cloth, value 5 s. two gowns, value 10 s. three aprons, value 3 s. a sheet, value 3 s. two yards and a half of muslin, value 3 s. and a wooden pail, with an iron handle, value 1 d. the property of Mary Robinson .

MARY ROBINSON sworn.

I employed the prisoner to do some work; and while I went out to get some bread, she took the things out of a drawer in the bureau, and the pail, which was in the cupboard.

Mrs. HALL sworn.

I met her coming out with a pail.

GUILTY Of stealing the pail .

Imprisoned six months .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17880910-89

588. THOMAS JOHNSON and ELIZABETH SHAKESPEAR were indicted for feloniously assaulting Isaac Lewis , in the dwelling-house of William Howard , on the 16th of July last, putting him in fear and danger of his life, and taking from him a cotton waistcoat, value 1 s. 6 d. a tin tobacco-box, mounted with silver, value 2 s. 6 d. a pair of spectacles,

and a spectacle-case, value 6 d. a knife, value 1 d. a handkerchief, value 1 d. and 3 s. 6 d. in monies , numbered his property.

ISAAC LEWIS sworn.

On the 15th of July last, about eleven at night, I was coming over Little Tower-hill; the woman prisoner spoke to me, and made such applications as she chose; I made her little answer; I was going to Rosemary-lane, to speak to an acquaintance; she followed me, and I went to Cable-street, and I found that the house was secured, and I could not see the person I wanted; says she, will you ask me to drink any thing; says I, why should I, but you shall be welcome to a draught of porter; we went in, and we had a pot of porter; she complained she was very hungry; I gave her half a crown to go and buy what she liked; she went and bought a plate of pork, I believe it was, as much as I remember; she brought it so far, and she said, I shall carry it to my lodgings; I said, why did you not bring it here? says she, if you like to go to my lodgings, we are very private, and very clever, and very sober, and I went there; we eat a part of it, and drank a pot of beer; she had the candle in her hand, and I sent her for another pot; then directly I heard a most horrible noise, and running up stairs, just as if all the devils in hell had been loose; I am come to speak the truth; says I, what is the cause of this? this is as if all the thieves and pickpockets were here; I made an attempt to come out, and should have been glad to have been out; oh, says she, it is only the landlord, with some people that are quarrelling with him; the landlord of the house, he tells me his name is Howard; I was frightened out of my wits; the noise was ceased; then, in a trifle of time, she says, have you got any money about you? I said, money! why, I gave you half a crown to get the beer and the pork, and you have not given me any change; no, blast you, says she, I insist on having all your money before you go; and, says she, if you do not give it me kindly, I will send them that shall make you do it; why, says I, I behaved very civil to you, I asked you both to eat and drink, according to your request; b - st your old eyes says she, d - n your old eyes says she, I will send them that shall make you; with that she wrapped, and this prisoner Johnson burst in at the door; there is a staple lock; he flew directly up to the chimney-piece where the candle stood and was going off with the candle; says I, what are you after; G - d d - n and b - st your old b - g - g soul, d - n you, says he, we will murder you if you do not be peaceable; says I, for God's sake do not murder me, we are not come upon that footing; I clapped hold of his collar, he took hold of mine; says he, I insist upon it you shall hand the money directly; the woman had a case knife in her hand; says she, d - n his old eyes why don't you rip him up; I should have first told you before this came about, that I realy was sleepy like; I pulled off my coat and waistcoat but did not attempt to go to bed, I laid down on the bed.

What did you pull off your coat and waistcoat for? - Why, to lay down with the lady, but I could have been very glad to have had the opportunity of putting that coat and waistcoat on again, but they would not let me; and so, do you mind, what money, b - st you, says she, have you got, and he backed her, and said d - n you, you old b - g - r, why do not you give us your money, and do not let us have any delays; they went on in such a wicked manner, so at last to save my life, as I thought, I put my hand in my pocket and took out three shillings and sixpence, and she received it; I was going down stairs, she caught hold of me, and flew to the bed and got my coat and waistcoat; says I, for God's sake, what my money and my cloaths too! what a pretty figure I must cut in the morning, says I, do not do that; then they robbed me of my coat and waistcoat; I took hold of it, says I, do not strip me of my money and cloaths;

they took my coat, though it is not mentioned in the indictment; they took my waistcoat and three and sixpence in money, a tobacco-box, which will be produced in court, and a pair of spectacles and the case, they were in a handkerchief, and another handkerchief I lost; I kept there in fear, and got under the bed, for I dare say there was not less than twenty of those d - n'd villains.

Did any more come up into the room after? - No, I went down stairs and walked about the streets without a coat or waistcoat; there is but very little night, this was between one and two, and by two o'clock it was light; I called as soon as possible I could for assistance; then I directly sent to the constable for assistance; I told the constable my case; he saw me in the situation I was in; I said to him, I have been robbed to night; we took the two prisoners on Saltpetre-bank, at a house, I cannot tell the sign, but the constable can; there they were both of them as drunk as the devil could make them.

Court. Where have you been this afternoon? - I have been waiting here in the Old-bailey; those are the same people.

JOHN BASSETT sworn.

On the 16th of July, I was called up about six in the morning, and I went with the prosecutor, he was without a coat or waistcoat; he said he had been robbed, but he had half a guinea which they had not found, and he bought him some cloaths; I went to several houses about our quarter; at last I went to Saltpetre-bank; I looked round, and the prosecutor pitched on the girl and the man; I took them both into custody, and took them from there to the public-house, and searched them, and found the waistcoat on the man's back, and those things in his pockets; we could not find the coat; here is a tobacco-box, a knife, a pair of spectacles, and a coloured handkerchief; the girl said for God's sake, Mr. Bassett do not hurt me and I will tell you the truth; says I, you had better, may be the man will mitigate it, if you give him the things; the man said the girl gave him the things.

Was the old man in liquor that morning? - I did not perceive he was.

(The things deposed to by the prosecutor.)

I know these spectacles, the case, and the waistcoat; I know the tobacco-box, there are two W's upon it; that man that used it before I used it, his name is William Wynch ; I took it out of pawn, it was pawned for five shillings and sixpence, by his desire.

PRISONER SHAKESPEAR's DEFENCE.

I was going out one night, I met with this old gentleman, he asked me to drink, and I did so with persuasions; this man was sitting in the box, and he asked this man to drink, and he asked him to go of an errand for him, and he said yes; he asked me if I was married, and he asked me if he should go home with me; I said nothing; he took off his waistcoat and gave it to this man; my prosecutor was very much in liquor.

PRISONER JOHNSON's DEFENCE.

The old gentleman asked me to drink, and gave me his waistcoat to carry to pawn.

Court to the constable. Whose house is this? - It is William Howard 's, it is a cloaths-shop, he lives directly facing me.

Mr. Lane, one of the door-keepers, informed the court, that this man, the constable, was the man that came to give the woman a character last night, and did not know her name.

Court to Bassett. Is it so?

Bassett. It was so.

The jury desired to look at the tobacco-box.

One of the Jury. I engraved that box myself for Mr. Wynch, he was at that time a timber-merchant in Printing-house-square;

he has since failed, and is in confinement.

THOMAS JOHNSON , ELIZABETH SHAKESPEAR ,

GUILTY , Death .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880910-90

589. TIMOTHY MINO was indicted for stealing, on the 3d of July , a leather bridle with a steel bit, value 5 s. the property of John Windsor .

The prisoner was taken with this bridle and another upon him.

GUILTY .

Whipped and imprisoned one month .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17880910-91

590. JAMES ROBINSON was indicted for stealing, on the 27th of June , four pair of iron shoe-buckles plated with silver, value 4 s. four pair of iron knee-buckles plated with silver, value 1 s. the property of William Edwards .

WILLIAM EDWARDS sworn.

The prisoner was my servant ; I am a hardwareman ; having lost buckles several times, I had some suspicion of the prisoner; I called him into the parlour, and asked him if he had any of my property upon him, he said no; I wanted to search him, and he refused; I sent for a constable, we searched him, and found the things mentioned in the indictment in his pocket; he said nothing in his defence; he had been in my service near seven months.

- LAVENDER sworn.

I am a constable; I found the things on searching him in his pocket.

(produced and deposed to.)

PRISONER's DEFENCE.

I took them to clean them up.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17880910-92

591. AARON MENDOZA and JACOB BALFORT were indicted for stealing, in the dwelling-house of the said Jacob Balfort , on the 22d of August, a bank note, value 10 l. another bank note, numbered 1774, value 20 l. another bank note, No. 4979, value 10 l. another bank note, No. 553, value 10 l. another bank note, No. 4115, value 10 l. another bank note, No. 5175, value 10 l. another bank note, No. 6259, value 10 l. another bank note, No. 4333, value 10 l. another bank note, No. 1208, value 10 l. another bank note, No. 5962, value 15 l. another bank note, No. 3711, value 15 l. another bank note, No. 3700, value 20 l. another bank note, No. 5501, value 10 l. another bank note, value 20 l. another bank note, No. 4028, value 10 l. the same being the property of Pietro Spara , and the respective sums of money secured thereby then due to him and unsatisfied .

The case opened by Mr. Sylvester.

PIETRO SPARA sworn.

(being a foreigner an interpreter was sworn.)

Interpreter. He speaks a bad Italian, a kind of jargon that they speak in the northern part of the Venetian territory; any body that understands Italian may understand some words, but not the whole.

Mr. Silvester. What countryman are you? - I belong to Bediescel in Venice.

When did you arrive from the East-Indies? - About twenty days ago.

What did you bring with you in bills or notes? - I brought a bill which one Mr.

Ravison gave me in Calcutta upon Mr. Lance.

Did you receive the money from him or any notes from him? - I received a bill.

Upon whom? - On a banker.

What banker? - I do not recollect.

Do you know that young man, (the banker's clerk)? - Yes, I received nineteen guineas, and the prisoner Mendoza received the notes.

Who was with you when you went to the banker's? - Balfort and Mendoza, the prisoners.

When did you first see those two men? - When I first came from abroad, the prisoner Balfort came to fetch me from the ship called the Rodney.

Did you know Balfort before? - No.

When Balfort came on board the Rodney what passed? - He told me if I would come to his house, I should have apartments well furnished, and good victuals; I went to his house.

How soon after did you tell him about this draft? - Two or three days after, I told him I had a bill on Mr. Lance, I shewed him the bill.

How soon after you had been at Balfort's house did you see Mendoza? - Three or four days after.

Who introduced Mendoza to you? - Balfort.

How did you go the banker's? - In a coach.

When you came to the banker's what passed? - I received nineteen guineas, and Mendoza received the notes.

How many notes? - I did not count the notes at the time Mendoza gave the notes to Balfort; and I said, give them to me, they are mine, which they did; afterwards we went in the coach; when I went a little further in the coach, I counted the notes, and there were fourteen.

What was the whole sum you was to receive? - I do not know, for I cannot read or write; then we went to Balfort's house.

In what room did you go? - I went into the house, and afterwards I went into my bed-room.

And had you your notes at that time? - Yes.

Where did you sit? - On the bed.

Where did you put your notes? - Upon the bed.

How near to you? - I counted them there on the bed.

How many were there then? - Fourteen, and I gave them to Balfort to count the notes, and he returned them.

When they had reckoned the notes, did they say any thing to you, whether they were right or not? - They said they were right.

Which of them said they were right? -

Balfort told me on their counting the notes on the bed, that there were fourteen, and they were right.

Did Mendoza say any thing to you about the notes? - He counted them in the coach, and said they were right.

What became of the notes then? - I folded them up, and tied them with two strings, and placed them on the bed.

Who was in the room at that time? - Balfort and a soldier.

Was Mendoza there? - No.

How soon did Mendoza come in? - Mendoza never went into my room.

How near did Balfort sit to you? - Very near.

How near was the soldier? - A little distance; there was a doctor came in.

Before the doctor came in, had you the notes in your hand? - I had the notes on the bed, and I laid my hands upon them.

How long was it before the doctor came in? - Three or four minutes.

What passed when the doctor came in? - I paid him three shillings for some medicines.

Was the doctor, or the soldier near the bed? - The doctor was at a distance; and the soldier rather at a distance, but nearer than the doctor; the soldier was sitting

on the corner of the bed, and Balfort was sitting facing me.

How soon did you miss your notes? - When the doctor went out of the room, Balfort went after him, to give him something to drink; and the soldier was sitting down on the corner of the bed.

When did you miss the notes? - Two minutes after Balfort went out of the room, the soldier went out likewise; then I turned about, and missed the notes.

That was after the soldier went out? - Yes.

Was the soldier near enough to reach the notes by the side of you? - He could not reach them as he was not of that side.

Could the doctor? - No.

What did you do as soon as you had missed the notes? - I staid at home, quite alarmed.

Did you apply to either of the two prisoners? - I called Balfort into my room, and said, I want to speak to you; you took my notes; I know you are joking; give me them again.

Did they give them again; - They said, they knew nothing about it; Balfort put his hands to his mouth, and smiled, and said, on one part I am very sorry, and on the other side I am very glad.

What became of Mendoza? - Two days after he came.

Did Mendoza go with you in the coach to the banker's? - Yes.

When did Mendoza go away? - Mendoza went into the house, and in a little time after he went away; before I went into my room.

Court. Ask him whether he counted the notes himself? - I counted them in the coach.

How many were they? - Fourteen.

Mr. Garrow, Prisoners Counsel. My lord, will you give me leave to ask a question of the marshalman which may dispose of the case.

To Clark the Marshalman. How long have you been marshalman? - Three or four years.

Is Houndsdith in London? - Yes, I believe it is.

The whole of it? - Yes.

Mr. Silvester. Did you stop any where? - No.

Mr. Garrow. Did the coach stop any where in the way from Mendoza's to Balfort's? - No.

Mr. Knowlys, another of the Prisoners Counsel. Ask him whether Balfort or Mendoza left him any time at all in the way from the banker's house? - They went altogether.

Did they leave you at all? - No.

Where is Balfort's house? - In Plough-alley, Wapping.

Mr. Knowlys. Did you ever see that soldier since the day you lost your notes? - Yes, he used to go there afterwards.

Is that soldier here a witness? - He is not here.

Did not Mendoza and Balfort go with you to the banker's after this, to enquire about the notes? - Mendoza did, but Balfort did not.

At what distance of time from the time you lost the notes? - One or two days after.

Did not Balfort go with you, and the banker's clerk, to the public office in Bow-street? - Yes, they both went, and the banker's clerk.

Had you a hearing the first time you went there? - Yes.

Was there an examination? - Yes.

Did not they go voluntarily with you a second time? - Yes.

Was not you robbed of some of your money by some Frenchmen at one time? - Yes.

Whether Balfort was not the man who took pains to discover them, to get the money back again? - Yes, he did not get all, but some; I got nine guineas, and seven shillings, by the assistance of Balfort.

Were not these Frenchmen intimate with the prosecutor? - No.

THOMAS OTWAY sworn.

I am clerk to Messrs. Batson's and Co. they are bankers in Lombard-street; I perfectly remember that foreigner, (the

prosecutor) coming to our house, on Friday, the 22d of August; I think it was about twelve; he brought a draft for which I gave him 200 l. in different bank notes; fifteen in number, and he had in money, 20 l. 6 s. 5 d.

Mr. Garrow. What paper is that? - The number of the notes; I entered them at the time I paid them; this is a copy of the note that is found.

Mr. Garrow. I object to his looking at his copy.

Where is the note? - The bank had the note.

Mr. Silvester. Are you sure that is one of the notes? - I am perfectly sure that is one of the notes I paid to this foreigner; I have not a doubt of it.

Who was present at the time? - The two prisoners were in company with him; I thought they had been all foreigners; I took particular notice of them from their being so aukward in the business; I laid down the money on the counter; and I believe Mr. Mendoza counted them over; and he said to the prosecutor, they are all right, and he gave them to him.

Mr. Garrow. This note which you have produced cancelled, you received from the Bank of England? - Yes.

Are you a cashier at Batson's? - I am not cashier; I pay all bank notes in general, when I am in the way.

When did you get it in this cancelled state from the bank? - I believe it was the Tuesday after the man was robbed; it was the 29th of August, we had it from the bank; I see I have marked it on the back.

Of course, you pay a great number of bank-notes in the course of a month? - I certainly do.

Can you tell me any number of any one bank note that you paid on the same day to any body, without referring to your book? - That is quite impossible.

Suppose the book burnt, and I put this into your hand, are you at all able to say, this is one of the notes? - It is impossible.

(The book sent for.)

- FOSTER sworn.

What are you? - A servant to Mr. Howard, of Houndsditch.

What is he? - A pawnbroker; I know the other man by sight, but Aaron Mendoza I have known these dozen years; I saw them at our shop, about three o'clock on the 22d of August; they fetched out a coat and waistcoat, and hat, for a guinea, I told them it came to a guinea and eleven-pence, and they came in together; Balfort threw me down a 20 l. bank-note; I gave them eighteen guineas and one penny; I put their names at the back of the note.

Whose clothes were they? - They were Mendoza's cloaths, but Balfort tendered me the note; we put the names to the back of every note we take.

What became of the change you gave them? - Balfort took the money, and Mendoza had some; I cannot call to mind what money they had; I told Justice Bond the same; Mendoza had some gold, but I cannot be certain what sum; I am clear to a guinea; I saw Mendoza the Tuesday following, and he asked me what I had done with the note; - I told him, it was gone to the Bank; says he, can you tell the number? says I, no, I took no notice of the number; but I told him, I had put both their names at the back, being both together; Mendoza said, he had been robbed, and he wanted to find out some notes by that number.

Mr. Fielding, Prisoners Counsel. Are you sure as to the time when they came into your house? - I am positive it was about three, it was not four, at the farthest; I had just done dinner when they came in; Mendoza had the note first, he gave it to Balfort, Balfort gave it to me, I set down the names, and gave him the change.

JOHN BOULT sworn.

I am cashier of the Bank of England; this is a bank-note.

- GROVES sworn.

I never spoke to either of the prisoners in my life.

Mr. Knowlys. I believe you was present at this examination before the magistrate? - I was.

What was the time that the prosecutor said he lost these notes in Balfort's house? - As far as I can recollect, it was about six o'clock.

Mr. Silvester. Was it taken in writing? - I do not know; it appeared to me, that the time these notes were lost, was about six o'clock.

ANN GOULD sworn.

Mr. Garrow. How many years have you been the wife of Balfort? - I am not his wife.

How long have you lived together as man and wife? - That is an unfair question.

Mr. Silvester. I understand from my learned friend, that you lived with one of the prisoners? - Yes.

You know, therefore, it is right for me to caution you, as you are sworn; you must speak the whole truth that you know, it is your duty so to do. - I know but very little about it; but all I know I will speak.

Do you know any thing of these notes from Balfort? - No, sir, I do not really, any more than what I heard the prosecutor say.

Do you know any thing of these notes? - No, sir, I do not.

Do you mean to say, that you never have declared you did? - Never in my life.

Did you never say, that you had them in your own possession? - Never in my life, to man nor mortal.

Court to Prosecutor. What time was it when you lost the notes? - In the afternoon.

How long after you had been at the banker's? - About six or seven hours.

Court to Interpreter. I think I understood the prosecutor to have said, that Mendoza did go home with him to Balfort's house? - Yes. (The banker's clerk returned.)

Court. Look at your book, and see if you find the number of the notes.

Mr. Garrow. Is that the original entry? - Yes.

Mr. Silvester. You are sure this is the note you paid? - Yes.

Mr. Garrow. You have the numbers only, and not the dates? - No; we always put the years, if it is another year, but never the present year; because it is understood.

Whose name is that entered as paid to? - Montague Lind , he is a merchant.

Mr. Silvester. Are you sure the prosecutor is the man to whom you paid the money? - Yes.

Mr. Fielding to Otway. You say, when you put these notes down on your counter, that Mendoza took them up, and he gave them to the prosecutor? - He did; the prosecutor was going to put them into his coat pocket; I, seeing him a foreigner, said to him, you had better take care of your notes, you will lose them; put them into your breeches pocket; I saw some conversation between Mendoza and him.

Mr. Garrow. If the court calls upon us for a defence, we mean to call the coachman that drove them, who will state to you, that in Houndsditch, before they went to Wapping at all, the coach stopped in Houndsditch, and the two prisoners got out, leaving the prosecutor in the coach.

Mr. Garrow to Prosecutor. Should you know the coachman? - No, I do not remember him.

(The coachman brought forward.) - Do you know this coachman? - No.

Coachman. I remember this gentleman, (the prosecutor.)

JAMES FOX sworn.

I am a hackney-coachman.

What is the number of the coach you drive? - Upon my word I do not know what number it is.

Mr. Garrow. Can you recollect? - 235, I think it was then, I drove first one number and then another; I drove for the same master, one Robert Glover , he lives in the back-lane, at the George, going to the New-road.

Has he more coaches than one? - Four or five.

Then at times you have driven his different coaches? - I have driven first one and then another.

Do you recollect the person of that man, the prosecutor, whom you said you knew; do you remember him? - Yes, very well; I remember taking him up in New Hermitage-street; he had one more man along with him.

Do you know the person of that man that got into the coach with him? - I know the man by sight.

Is it either of the prisoners? - It is the least man, Balfort.

Where did you drive to? - To the bottom of Surry-street, in the Strand.

Did any other person get in before? - Yes, at Aldgate-church, a third person got into the carriage; that was the other prisoner, Mendoza.

To whose house did you go in Surry-street? - To the bottom house but one; I believe he is an agent; I did not hear his name then.

What happened when you came to Surry-street, to that house? - They got out of the coach, and told me to turn about; before they got to the bottom of Surry-street, they all three got out, and went into the house; they were out better than a quarter of an hour; then they all three returned to the coach; I believe it was pretty nigh eleven when I took them up first by Hermitage-street; so that at Surry-street it must be between twelve and one; when we came from Surry-street to Lombard-street, to the banker's, I stopped just a little the other side of 'Change-ally; I do not know the name of the banker, I did not take any notice, I think it is No. 99; it has a white front, and goes up steps.

Did all the persons who were in your coach get out at the banker's? - Yes.

How long might they be there? - About a quarter of an hour.

Did they all return to your coach again at the banker's? - Yes.

Where did you drive then? - To Houndsditch; they got out of the coach, and left me, and walked on.

Did they leave the prosecutor in the coach? - He was in the coach till they returned.

How long were they absent? - But a very little while.

Did they return into the coach? - They did.

Where did you drive to then? - Into New Hermitage-street, where I took them up; I did not take them up at the house, but they walked to the coach; - I set them them down at the place where I took them up; one of them went to a public-house to get change for a guinea, and then to another house; at the last I was paid.

Are you quite sure that you stopped in Houndsditch, and the two prisoners got out, before you went to Wapping? - Yes, I am sure of it, I can say that on my oath; they got out somewhere in Houndsditch, I do not know what part it was.

Do you know Howard's the pawnbroker's in Houndsditch? - No, sir.

Was the place where you stopped near either of these pawnbrokers? - I cannot recollect, but I am sure it was in Houndsditch they stopped.

What time was it, do you know, that you got into Houndsditch? - I set them down about two, or a quarter after, when they got to the Hermitage; when I got into Houndsditch it was a good deal past one.

Mr. Garrow. Then you did not go through the city, without stopping and putting down these men? - No.

Was you directed to drive through Houndsditch? - Yes.

Mr. Silvester. You drive four numbers, sometimes one and sometimes another? - Yes.

Name the four numbers? - I cannot tell you what the four numbers were.

Recollect yourself, my friend; repeat the man's name you drive for? - Robert Glover .

How many coaches does he keep? - He keeps four figures now, constant.

How long have you lived with him? - I have lived with him these six years; I have the coach and the number here that I carried the people in.

How came you, then not to recollect it? - I never take any notice of the numbers, without I get into trouble.

When was you first applied to, for these two men, to be a witness? - Last night.

What, they never found you out till last night; who applied to you, Mr. Hyams? - He did not apply to me; but it was Mr. Hyam's boy told his master, that I was the coachman that carried the prisoners; I told the boy so; I heard that this lusty man was in prison, and I asked the boy, whether this man, I do not know his name, he goes by the name of Jackoo.

Do you know the name of either of the prisoners? - I did not know what his right name was.

Where did he live? - In Wapping.

Do you know the name now? - No, I do not.

What is the other prisoner's name? - I do not know his name, they call him Mendoza; that is the thinnest man; I never saw him in my life before I took him up; I did not know the foreigner.

You drove down Surry-street? - Yes; we stopped on the right-hand side of the way, and turned round.

How came you to recollect driving these persons? - I can remember cross fares.

This was a very good fare; how came you to recollect the faces of the prisoners? - Because the neighbours in the street knew them very well; my fellow-servant carried them the day before; and he sent me to carry them.

What day of the week was it? - On a Friday.

What was your fare? - Four shillings and sixpence, from the Hermitage down to Surry-street; it was about eleven when I was there; I was about half an hour driving to Surry-street, that was about a quarter after eleven; when I was at the Bank, it was between twelve and one, there was a good deal of stoppages; then they staid about a quarter of an hour, and it was about one when I got to Houndsditch; besides we went to one house and another; we could not get change.

Will you swear to any other number your master has got, besides 235, that is at the door? - No, I will not; I cannot recollect the number of any other.

Then how came you to recollect that you carried these men in that coach, that day? - The man that drives this coach was at our office, in Surry-street; and I went out for him that day.

What day of the month was it? - I do not know the day of the month.

How did you know it was an agents in Surry-street? - Because I heard them speak it before they got out; Mendoza had the note in his hand, and he gave it to the foreigner; and he said, now take care of it; and he put it into his breeches pocket, and he buttoned it up.

Do you know that young woman there, behind Mrs. Gould? - Yes, I have seen her before.

Where? - I have seen her here; I never saw her before yesterday.

Did she apply to you at all? - No, sir, not at all that I know of.

You must know whether or not, upon your oath, do you mean to swear, that she did not apply to you? - Not before yesterday.

When did she apply to you, yesterday? - I saw her here yesterday morning; she never applied to me to come here as a witness, or any thing else; she came and spoke to me when I was in the tap-room.

What did you come here about yesterday morning? - I came with Mr. Hyams, to bring a fare; Mr. Hyams hired the coach to bring him here, that was the only reason why I came here yesterday morning.

Then yesterday morning, if these men had been tried; you would not have been a witness? - I should not.

Jury. On what stand was you when

the prisoner called you? - On no stand; my fellow servant was engaged the day before them, and he sent me two or three jobs.

Did you know Mendoza? - I never saw him but once.

Mr. Garrow. Your fellow servant had driven this foreigner the day before? - Yes.

He was ordered the next morning, and you went in his place? - Yes.

Mr. Hyams lives nigh your house? - Yes, he does; he hired my coach; and I happened to mention it to this boy yesterday; and Mr. Hyams applied to me last night.

Mr. Silvester to Otway. Have you at any time had any conversation with either of the prisoners about this business? - I have with Mendoza; he told me, that the woman had got a coachman to swear that the foreigner stopped in Houndsditch with a coach; that he had seen the coachman in Newgate with the woman; but says he, I will contradict it, for I will tell the truth.

Coachman. I never was in Newgate in my life.

Court to Coachman. What number is the coach that you drove these people in, and that you have here to day? - I know it is two hundred and something, but I cannot tell you what.

What coloured coach is it? - A green coach.

What horses? - A bay horse and a black one.

Court to Prosecutor. Where did you take the coach from, that you went to the banker's in? - Near Balfort's house.

Where did they first drive to? - We went to Mr. Lind's first.

Did Mendoza go with you from the first time, or you did take him up afterwards.

Mendoza went to Balfort's house, and all three went in the coach.

When you first went into the coach near Balfort's house, who went with you? - All three together.

Then you did not take up Mendoza in the street? - No.

Where did you drive from, from Linds's house? - To the banker's.

Where did you drive to from the bankers? - We went to Plough-alley.

Did you go directly to Plough-alley, or go any where else first? - We never stopped.

Then it is not true that the two men got out of the coach and left you in it alone? - No, no.

Mr. Fielding Counsel for Mendoza. I have witnesses to character, which I may as well call before I trouble your lordship with an objection.

Court to Interpreter. Tell the prosecutor that they say, that they stopped the coach in Houndsditch, and got out, and left him in the coach by himself, and afterwards came to him again; ask him if that is true? - I believe not.

Are you sure, have you any doubt? - I do not remember.

Mr. Garrow. Would your lordship take the same course with respect to the circumstance of taking up Mendoza.

Court. No, I shall not sum that up as a variation after this; his memory does not serve as to those minute circumstances.

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

Court to Prosecutor. After you return-to Balfort's house, did Balfort ever go out before you missed the notes? - I did not see him; he went into his room; and I think he went out of the house, but I do not know.

The remainder of this Trial will appear in the next Part, which will be published in a few days.

Reference Number: t17880910-92

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 10th of SEPTEMBER, 1788, and the following Days;

Being the SEVENTH 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 VII. PART VI.

LONDON:

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

MDCCLXXXVIII.

THE WHOLE PROCEEDINGS UPON THE

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

Continuation of the Trial of Aaron Mendoza and Jacob Balfort .

Was not Balfort always there till you lost your notes; you have said, that it was some hours after you went out before you lost your notes; now during that time did Balfort go out or not? - I cannot say whether he was at home or not.

Did you dine after you went home? - Yes, I dined with Balfort.

What time did you dine? - I do not know the time, but it was about six o'clock.

Mr. Rose. Ask him a question in Italian. Balfort was not always in the room? - I cannot say whether he was in the house or not.

Court to Ann Gould. Were you at home on the afternoon that this man lost his notes? - I was washing at home.

You remember their coming home in the afternoon? - Yes.

About what time was it? - Upon my word I cannot say; I was very busy; they went into the parlour; we had dined; and they dined, and had six or seven pots of beer.

Balfort, and the prosecutor, and Mendoza came home together? - Yes.

Mendoza went away after? - Yes.

Did Balfort go out at all, before the man said, he had lost his notes? - They were all in and out, backwards and forwards several times, but I do not know what they were about.

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

Court to Foster. Did you see any coach when the prisoner came to you? - None at all; there was none near our door; I am positive.

Is your recollection pretty clear that it was three in the afternoon? - It was between three and four; it was not four at the farthest.

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

BOTH GUILTY Of stealing the bank note, No. 1774; but not in the dwelling-house of Jacob Balfort , and being possessed of that note in the County of Middlesex; each

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880910-93

592. LAWRENCE WILSON was indicted for stealing, on the 16th day of September , a pair of leather shoes, value 4 s. the property of John Murehead .

The prisoner was taken with the shoes immediately.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17880910-94

593. WILLIAM OSBORNE was indicted for stealing, on the 15th day of July last, a man's hat, value 5 s. two linen aprons, value 1 s. the property of Robert Bullock , and another apron, value 6 d. the property of Henry Bullock .

The prisoner was taken getting out of the prosecutor's window, with the things,

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17880910-95

594. JOHN BEALE was indicted for stealing, on the 5th of July , a plain gold ring, value 6 s. the property of John Sarbett .

PENELOPE SARBETT sworn.

My husband's name is John Sarbett ; I keep a goldsmith and jeweller's shop in St. Martin's-court ; I lost a gold ring on the 5th of July; it was in the shop on the counter; it was about eight in the evening, as near as I can guess; there were eight or ten dozen of rings on the counter; the gentleman at the bar came to the shop to buy a ring; I was just come down stairs, he asked to look at some rings, he told me fancy rings; I took a drawer out, in which there was a fancy ring at 1 l. 9 s. 6 d. he wanted me to leave the drawer out, but I would not, and I left one fancy ring out; then he asked to look at some plain gold rings; it was on Saturday the 5th of July: there were eight or ten dozen that I took out at different times; I laid them on the counter; as soon as he looked at the rings, he took two up in his hand, and he concealed one in his left hand and tried one on his fore finger, and kept the other concealed between his two fingers; then he picked up another and asked me to weigh it; I weighed it, and it came to nine shillings; he said he thought it was to strong, he wished for a slighter; he picked up another, I weighed that; he said he thought it was to small, he wished me to try one on my finger; I tried a ring; he still had the ring concealed in his hand all the time while I was trying the ring on my finger; he put his hand, and the ring he had in his hand, into his left hand pocket and took out his pocket-handkerchief; I watched him all the while; after that, he said the lady lived close by, he would fetch her in a quarter of an hour; he was going out of the shop, and I told him if he pleased to leave the ring behind him that he had in his pocket before he went, and he strictly denied it, and said he had no such thing; I told him I was positive he had one; he denied it several times; I told him if he pleased to turn out his pocket, and he turned out his waistcoat-pocket, the ring was not there;

he turned out his coat-pocket a little way; I laid hold of his pocket and gave it a shake, and the ring fell on the floor; then Mr. Sarbett sent for a constable; he denied it till the constable was sent for, then he owned it, and went down on his knees three or for times and begged for mercy, then he was taken to the Rotation-office.

WILLIAM GLOVER sworn.

I saw the ring turned out of the prisoner's pocket; I was near Mrs. Sarbett, but I did not hear what passed between them; Mrs. Sarbett said he had a ring in his pocket, and I came up to him; I was sent for the constable, he came before I came back.

Prisoner's witnesses examined by Mr. Garrow.

JOHN WOOD sworn.

I live in Park-lane; I have known the prisoner from a child, his general character is a very good one.

THOMAS PITTER sworn.

I am a laceman in the Strand; I have known him about the last two years; he bore an exceeding good character; he slept at my house two or three times, and always behaved very much like a gentleman; he was always welcome at any time at my house; he was acquainted with the younger part of my family, and I approved of his conduct.

CHARLES SLIPPER sworn.

I live in New-street, Covent-garden; I am a mercer; I have known him the last four years; he always bore a very good character.

- ALLANSON sworn.

I am in partnership with Mr. Slipper; I have known him four or five years; his character has always been irreproachable; as good a character as any young man could have.

JOHN ROBINSON sworn.

I am an attorney in Bolton-street, Piccadilly, I have known him about four years; he had a very good character indeed; I have seen him frequently at Mr. Duberry's as an acquaintance; I always thought him a very good kind of a young man; I never dreamed he would do a thing like this.

JOHN BARLOW , Esq; sworn.

I live at Lambeth on my fortune; I have known him between four and five years, since he came from abroad, where he had been for education; we always looked upon him as a young man of strict integrity, not able to be guilty of the crime now imputed to him.

GEORGE MARSHALL sworn.

I am a gentleman in the army; I have known this young gentleman about four years and a half; he bore a very good character; I always understood he had; I have known him in public and private life as a very good young man.

Mr. MILLS sworn.

I am an attorney in Queen-street, Westmister; I have known him ever since he came from abroad, a very good young man, and a very sober young man; I have lent him money, and he returned it; I have a very good opinion of him.

Mr. DUBERRY sworn.

I am an attorney; I have known him from his birth; he went abroad to Leige for his education; I have lived in the same house with him ever since his return, which is five years; he is a very good young man; I have trusted him with money and he always rendered me a very just account; I have lived with him entirely for the last five years.

Jury. Where is the ring.

Prosecutrix. I can swear that he put the ring into his pocket, and the ring dropped out; there is nothing but the hall mark and the duty mark.

GUILTY.

Jury. We wish to recommend him to your lordship as he bears so extraordinary a character.

To be imprisoned one month in Newgate .

Court to prisoner. This sentence is in consequence of the recommendation of the Jury.

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

Reference Number: t17880910-96

595. ROBERT ATTRILL was indicted, for that he, on the 28th of May, 1787 , in the dwelling house of Stephen Sullivan , Esq ; feloniously did steal, take, and carry away a promissory note called a bank note, for 200 l. No. 993; and also another promissory note called a bank note for 200 l. No. 1080, the said several notes being the property of the said Stephen Sullivan , and the several sums of 200 l. and 200 l. secured by the said several notes being due and unsatisfied .

(The Witnesses examined apart.)

The case opened by Mr. Silvester.

Mrs. SULLIVAN sworn.

Mr. Fielding. Madam, I believe your house is in Harley-street ? - Yes.

At what time was it when you was robbed; - The 29th of May, 1787, I went into the city to make enquiry and give directions about some very particular things being advertised, a great part of the robbery having then been discovered, and a person concerned in it, sent out of the house, in order that he might not be prosecuted.

It was before then of course, that this robbery was committed? - It was.

When was you able to ascertain the articles that were missing? - The day we first discovered we had been robbed of bank notes, was sometime previous to the 29th of May, I do not recollect the particular day.

Were those articles stolen that were enumerated in the indictment? - I did not hear it read, but there are a great number.

Mr. Garrow. You heard them on the former trial, madam? - I did, they were correct then.

Mr. Fielding. Have you ever seen since that time any sort of article, that is mentioned in that indictment, that you think you can identify, that was taken from you either at or before that time? - I think I have; I went into the city that day, and very unexpectedly learned that the robbery was more considerable than I had an idea of; I had when I went out, missed one extreme fine shawl, which being able to ascertain from having a pair of them; in consequence of making these discoveries I was detained till between nine and ten at night; when I returned the prisoner opened the door; he told me with visible surprize and confusion, that Mr. Sullivan, was alarmed at my absence, and waited dinner till seven o'clock; Mr. Sullivan then proposed having two constables and taking him into custody; I proposed waiting till the morrow; concluding it could not be him, as we had placed so much confidence in him; the servant who slept in the room with him was cautioned by us not to mention it to him; but in the morning when we went out to Bow-street, supposing that the prisoner had no suspicion that we had discovered any thing, we left him in the house and the house-keeper, and in about half an hour he was gone; when I went out, I believe I said to him, Attrill, do not you open the door this morning, let Collins, she was the housekeeper, and she, but a few days before, brought me a thousand pound note found on the bed, therefore she was perfectly unsuspected; I believe we went to Bow-street about ten; immediately after we got to Bow-street we sent to apprehend the prisoner; when I returned from Bow-street the constables were I think there; the prisoner

was gone, I never saw him again from that time to the present moment to my knowledge; they sent for me down to the room below and desired me to look into the box which they had broke open; it had been stripped of every thing but rubbish; at the bottom I remember seeing some old cards and shoes; the constable or some person standing by, perceived some linen in a corner of it; they took it out, and immediately upon looking on it, said this is a part of some of the fine linen; it was cut into small handkerchiefs like neck-handkerchiefs for a man.

How many are there? - I really do not know, and there was I believe a cambric one among them; I could ascertain Indian linen, but any thing of European linen I could not, therefore I do not claim the cambric.

Then, madam, you are enabled to say whether this parcel found, was or was not your property? - I certainly am; that was so very trifling that I suppose the value not to be worth half a crown; but we lost I suppose not less than 5 or 600 l. at least, according to the duties paid at the India-house, exclusive of fourteen hundred pounds bank notes, and a lottery ticket which was a prize and was received two days afterwards; these were pieces of fine cloth that were washed in India, in order to preserve them to bring them to England, they had been sent to the India-house, and had paid duty as sheets.

How long had this man lived in your house? - He had lived I believe a twelve month, or a month or two more, I cannot exactly ascertain that.

Was he a servant entrusted in the family? - He was insomuch, that though those bank notes were lost out of Mr. Sullivan's writing drawing where this man chiefly went, yet he was not suspected.

Mr. Garrow, Prisoner's Counsel. The prisoner at the bar, Mrs. Sullivan, had lived in your service something more than a twelvemonth? - I believe he had.

You know, madam, of course, having attended here before, that this is a capital charge? - I do not know any thing about it.

It is fit you should know, madam, that this is for a capital offence, and therefore affects the life of the prisoner, if he should be found guilty; you never saw him from the time he went away, till this time? - Never, without in disguise.

He has been advertised long and frequently as a felon, with a reward for his apprehension? - Yes.

Was he taken at all? - Not that I know of.

Perhaps you may know, that in May last, this man, charged with a capital felony, gave notice that he would surrender? - I do.

Perhaps you may know, too, madam, that it was stated upon your part, that the time was so long since that you were not then prepared for the trial? - I do not know it.

Do you know, that, in consequence of such an objection, he gave bail for his appearance at the then next sessions? - Yes.

Do you know, that at the then next sessions he was ready to come, and it was put off because you had sprained your ancle? - I had such an accident.

As soon as you had recovered that accident, this man has attended, day after day, to surrender himself? - Yes.

And he now surrenders? - Yes.

Court. When did you hear of Sadi's death, madam? - I really cannot tell; I was in the country; I first read it in the newspaper.

Mr. Garrow. My lord, he certainly was dead long before the notice of surrender.

You say the prisoner was much intrusted in the family, so much so, that though the bank-note was lost out of a place to which he had the principal resort, he was not suspected? - He was not.

Sadi was convicted of stealing that 1000 l. bank-note, among other things? - No, sir, he was not prosecuted for that, but for 400 l.

Sadi had been suspected, in truth detected,

a fortnight or three weeks before the day you went to Bow-street? - No, sir; Sadi had been suspected, and was sent to a friend in the city, to have him sent by the first ship; the butler was intrusted to take him into the city.

Sadi had been a servant very young in your service, quite a child? - He had.

He was a very great favourite, a very much indulged servant in your family? - He was.

He was in the nursery, I believe? - Yes.

I believe, since the prisoner left your service, madam, you have expressed a great wish, that he might be hanged? - I do not know that I have; I may possibly have said, that I hoped he would be taken, and I hoped he would meet with his deserts.

So you never desired any body not to repeat those expressions? - Me! no, sir.

Never sent Mrs. Collins, or any body, with any such message? - Not that I know of.

Then you never commissioned Mrs. Collins to carry any such message? - I never entered into any such conversation with Mrs. Collins.

After this robbery, and the flight of Attril, whether to any person you have used frequently expressions of that sort, that you hoped he would be hanged? - No, sir, I never did; I never conversed with my servants.

Then, of course, you never desired any person not to repeat those expressions? - I put myself under the protection of the court; Mr. Garrow confuses me so, I do not know what to do.

Has it happened to you, madam (in the great quantity of things that of course you have) sometimes to have mislaid articles yourself, of which you have suspected persons of stealing? - I do not know; the great quantity was very much diminished.

Have not you taken articles of your own wearing-apparel out of the room where they were usually kept, and laid them down in another room; and afterwards, when there were enquiries for them, they were found there? - None of these things.

Has not Mr. Sullivan cautioned you against those hasty suspicions? - A pocket-handkerchief, or shawl, or such articles, may have been mislaid.

It has been a subject of remonstrance, I believe, sometimes? - I do not know it has.

Do you remember a particular instance of Mr. Sullivan's linen being put into a bag, in the butler's care, after it was worn? - Yes.

Do you recollect some shirts having been stated to be stolen out of this bag? - Never; perhaps the circumstance you are speaking of, may have happened in the laundry-maid's account, in looking out dirty linen, but never any charge of them being stolen; for, till this great robbery, I never suspected any person.

Mr. Fielding. Madam, when your suspicions fell upon Sadi, you removed him to Sanders's? - Yes.

The discovery of the 1000 l. note was well known in the family? - Yes; I ordered the prisoner to take him to Sanders's.

And that was to be the removal of him for ever out of your family? - Yes. (Mr. Newman said, Sadi died the 9th of December.

JANE COLLINS sworn.

My Husband is Butler of Gray's-inn; on the 3d of May, in the morning, Mr. Attrill came to me, when I unlocked the door, and asked me how I came by the key of the hall door; I told him, Mrs. Sullivan brought it up to me to bed, overnight.

Court. Was it usual for you to keep the key of the hall, or of the street-door? - No, it was usually left in the hall-door, for any thing I ever knew; Attrill returned back, and went into the back-parlour; he did not ask me any thing more at that time; that morning, he brought chocolate to breakfast;

when Mrs. Sullivan forbade him to answer the door, he walked up and down in the passage.

Court. Who was the servant that usually answered the door in the family? - Mr. Attrill and the footman.

Was it known that Mrs. Sullivan was gone to Bow-street? - Yes.

What time did she go? - About twelve in the day; Mr. Attrill went up to the door, and stood there the space of ten minutes; I staid with him; then I came away, when I observed Mr. Attrill was going away, that was in the laundry, he changed a dark-coloured coat for a light one.

Then he came out of the pantry? - He took off his hat, it hung on the press; when he saw me look at him, he came to me to the door; I said to him, Mr. Attrill, would you chuse any thing to eat? and he said no, and shook his head; and he returned into the pantry again, and put on his hat, and went up stairs; then he went into the hall; I followed him up stairs, and he stood at the door, with his hat laying in the hall-window; then he walked across Mr. Sullivan's back-room; then he walked across the hall, and shut the door after him; I looked after him up and down the street; I did not see him; there is a stleet almost opposite; as soon as ever I heard the door shut, I ran up immediately and opened the hall-door, and looked up and down the street, but could not see any thing of him; it was, as near as I can guess, about ten minutes or a quarter of an hour after this that the officer came from Bow-street; I never saw the prisoner from that time till this sessions; I saw boxes in the pantry that belonged to Mr. Attrill; I did not know whose boxes they were, any further than by seeing the things taken out of them; there was one box there, and one in the butler's pantry; the box that the officer opened I had not seen the prisoner use.

Whose box was it, do you know? - I cannot tell, It was a box I saw opened, but I never saw Mr. Attrill make use of it.

Court. In what room was it? - His bedroom.

Did any body else lay in that room? - Alexander Crouch, who is a witness, he was the footman; when the officers came, they searched that box and the box in the pantry; the box in the pantry was the box that the two handkerchiefs were taken out of, that Mrs. Sullivan said she knew; that was the box that stood in Mr. Attrill's room; I did not see Attrill use either of the boxes, only one was in his pantry and the other in his bed-room.

Were there any shirts or clothes of the prisoner's in the box? - No, not in the box; there were some clothes of his hanging in the bed-room, there was no linen of any kind in the box, further than the handkerchiefs.

You was the person that found the 1000 l. note, and gave it to Mrs. Sullivan? - Yes.

Mr. Garrow. There were two mens neck handkerchiefs found? - Yes.

Which a man might put into his breeches pocket, I suppose? - Yes, I suppose he might.

This prisoner, however, when he went away, is supposed to have left this evidence of his guilt in the house ready, in order to convict him - you live still in the family of Mr. Sullivan? - No, sir, I left it the first of last September, 1787.

Then from that time, probably, you have not had an opportunity of conversing much with Mrs. Sullivan? - No, sir.

Do you recollect, before you did leave the service, any expressions of Mrs. Sullivan's, respecting Attrill? - No, sir, only mentioning what she had missed.

Did you ever hear her say whether she wished him hanged or not? - No, sir, I never did.

Do you know a person of the name of Ann Townsend ? - Yes, sir.

Had you no conversation with her? - Only about some little matter of coming here

Did you never tell Ann Townsend , that

it would be as well for her not to mention any of those expressions of Mrs. Sullivan's? - No, sir.

Had you never any conversation on the subject? - I said, as little as she could say would be the better, and so for every one.

Why, that witness you understood to be a witness for the prisoner? - I did not know at first, whether she was to be a witness for Mrs. Sullivan, or for the prisoner.

Now I may certainly ask you the question, I believe, that I asked you before; was not that observation produced by her saying, that she could state expressions of that sort of Mrs. Sullivan's?

Court. Do you mean to call that witness? - Yes, undoubtedly, my lord; I undertake to do it.

No, she did not.

What led to your making that observation? - She said, she did not know what she was coming to say, or what she could say in his behalf, as she had not lived in the house but a week with him.

She continued in the house after Attrill left it? - Yes.

What was this conversation between you and Ann Townsend , and who was present? - No one but herself.

Do you know a person of the name of Beale, who was the butler after Attrill? - Yes.

Have you ever had any conversation with him since you knew that Attrill was to be tried? - To be sure, I have spoke to him here at the sessions.

Have you ever said any thing to him about what he was to say or prove? - No, sir.

Perhaps you might say to him, that, to say as little as might be, would be best? - Not to my knowledge.

Will you undertake to say you never did? - I never knew he had any thing to do with it.

Did he never tell you that he should prove the expressions of Mrs. Sullivan's of the sort I have mentioned? - No, he did not.

Then you did not tell him in any conversation, that it would be better not to mention those expressions of Mrs. Sullivan's? - Mr. Beale was in court when I came in.

Mrs. Sullivan. He was there just now.

Mr. Garrow. Then it is of no use for me to ask you now what you have said to Beale, as I cannot call him.

Court. I think if Beale goes out of court now, it would be too hard not to call him.

Mr. Garrow. I certainly shall not call him, with the observation upon him of being in court when he was ordered to be out.

Mr. Silvester. In what situation was Ann Townshend? - She was house-maid; she was one week and two or three days with Mr. Attrill, and ever after in the country.

Were the family in the country when she was there? - They were not there at first; I left her in the service.

Court. There was only one housemaid? - Mrs. Sullivan has her own maid.

Did Mrs. Sullivan use to converse much with her house-maid? - Not to my knowledge; my business lay below, so that I do not know either one way or the other.

ALEXANDER CROUCH sworn.

You was footman to Mr. Sullivan? - Yes.

Are you footman there now? - No, I have left the house.

Did you know the two boxes that were in the pantry and in the bed-room? - Yes, they belonged to Attrill.

Mr. Garrow. How long did you live in the family? - Sixteen months.

You had an opportunity of observing the conduct, and manner, and behaviour of Attrill.

I had no reason to suspect his honesty at all? - He was very much intrusted.

You are in service now somewhere? - Yes,

Did it ever happen to you, to be accused

of stealing things at Mr. Sullivan's? - No, sir.

Were there things frequently missing? - I do not remember any such circumstance.

MOSES MORANT sworn.

I was at Bow-street when Mr. and Mrs. Sullivan came there; but I went on the 30th of May, about the middle of the day, rather the earliar part; I was to open the boxes that belonged to the prisoner; I did not find the prisoner; I opened the boxes, and Mrs. Sullivan, herself, picked out these things.

Were the boxes full or empty? - Why, they were almost full of one thing or the other, of his own things.

What things? - There were boots, and linen, and shirts, and handkerchiefs; a great many things were left behind; these are the things Mrs. Sullivan picked out.

Do you mean to say whether there were shirts or linen there? - I did not see any shirts in the box I broke open; there were three boxes of the prisoner's.

Mr. Garrow. That waistcoat is certainly not in the indictment; and I contend these handkerchiefs are not in the indictment.

Then it is not true, that there was nothing left belonging to the prisoner, but that there was abundance of wearing apparel? - There were many things.

And of all the great number of things, these three handkerchiefs were pointed out by Mrs. Sullivan? - Yes.

In whose possession have they been ever since? - Mine.

Court. Do you recollect which of the boxes these handkerchiefs were found in? - I cannot recollect which of the boxes at this time; I had not the boxes in my custody till he surrendered.

Then do you recollect what was in the same box where it was taken from? - I believe one handkerchief was in the box; and the waistcoat, and the other two handkerchiefs I had from a little box, which was not locked.

Can you recollect what boxes these neck handkerchiefs were taken out of? - I cannot recollect which of the two they were taken out of.

Mrs. Sullivan. Two of them I believe to be cut out of the fine linen, what are called sheets in the indictment.

Jury. Is there any mark upon them? - Here is the initials of the prisoner's name and the numbers, one of the marks is A, No. 2, and the other is A, No. 4.

Mrs. Sullivan. They are cut from a piece of cloth (that was called sheets) of thirty-six yards, cut into pieces at two or three or four yards for the convenience of sheets, and they are passed at the India-house as sheets, they were for the purpose of making linen, and are uncommonly fine, I could not buy such I believe in England; I had them made, all the linen that was brought to England was made for me, they are like what I lost, and I have some pieces remaining with which I have compared them, having considered it a good deal, having lost it so long.

What description of cloth is it? - It is long cloth from Madras, it is known in England by the name of calico.

Mr. Garrow. Just as much by the name of Madras long cloth.

Court. There are in the indictment four remnants of Cossa cloth and three remnants of calico.

Mrs. Sullivan. Cossa cloth it is not.

Mr. Garrow. In the shape of neck handkerchiefs you certainly did not lose these? - No.

Then you had a great deal of linen made for your own use that you brought home? - I had.

It was of a peculiar fineness? - It was.

And you lost some of that fineness? - Yes.

You do not know of your own knowledge, whether ladies of considerable fortune returning from India might not have some of Mrs. Sullivan's pattern, or that gentlemen might not have sent it to make presents? - I believe I could not buy it.

No, very likely not; but if I meant to do a very gallant thing, I should order some of Mrs. Sullivan's long cloth to give away?

Court. Is there any gentleman on the Jury that is well acquainted with this article?

One of the Jury. My Lord, my brother brought home a great quantity from India which I cannot by my eye distinguish from this.

Mr. Garrow. I could say that my brothers have sent as presents to their sisters and mother, some that I believe to be equally as fine as that, I can say that upon oath, and I have no objection to be called as a witness.

Court. Gentlemen of the jury, I think it would be carrying zeal for public justice a great way to convict upon the identity of that linen; you see that there are circumstances in this case that weigh very much in point of suspicion, and that would press extremely strong against the prisoner in evidence, if any one article had been found in his possession which could be clearly and indisputably proved to be the property of Mr. Sullivan, I should then think it my duty to observe pretty strongly upon many of the other circumstances of the case; but most certainly the evidence in the case, as it now stands, is not sufficient to convict any man without finding some property clearly proved to be the property of Mr. Sullivan; now this being the only thing which Mrs. Sullivan can identify, though I have not the smallest doubt but Mrs. Sullivan is sure they are hers, and though she is very probably right, yet it is also certain that the best judge may be deceived in linen, and I think it would be going a great way to convict him on that; the circumstance too of its being made up and marked with his name, there being no precise time when that was lost, weakers the case; if you feel it too much on the proof of this property to convict the prisoner, it will be unnecessary in that case to take up your time further, if you have any doubt remaining I will go through the whole of the case.

Jury. It is perfectly unnecessary, my lord, we are all agreed.

Court. There is one circumstance, gentlemen, in evidence before you give your verdict, let it hereafter operate as it may in point of law, which you may very properly make a part of that verdict, you may find that he fled for it, I think there is full evidence of that.

Mr. Garrow. It was long before any charge was made against him, surely it is a novel practice.

Court. It is a part in point of law of every verdict; now can you upon your oath find in this case that he did not fly for that cause.

Mr. Garrow. I agree that the form of recording a verdict in all criminal cases is this, that he is guilty and fled for it, or that he is not guilty but did fly for it, or did not fly for it; but the universal practice has been that the second finding has been a conclusion from the first finding, and I believe it has never occured in modern times after finding the party is not guilty of the principal charge that the jury have found that he fled for that principal charge; if the jury are satisfied he is innocent, they cannot either in point of evidence or common sense, or consistent to law, to find that for that charge he fled.

Court. Mr. Garrow, are you aware how far the converse of that argument will go? - Yes.

Court. Then if you hold that in point of law, it cannot be that a man should fly for a charge of which he is innocent, I shall leave it to the jury whether he is innocent.

Mr. Garrow. In point of law it may happen, but I state that it is an outrage on that common sense which a jury exercises, to say that in a case in which they are perfectly satisfied the man is innocent, that he fled for it.

Court. The jury have not said, that they are perfectly satisfied that the man is

innocent, and I should think, I dealt very hardly by a prisoner, if ever I put the question of guilty or not guilty in that form to a jury; I hold the direct contrary, that they are to find him not guilty, unless they are perfectly satisfied that he is guilty: now I can receive that, as conclusively binding them to find, as against a man, if the flying and guilt are relative terms; then I ought to have left that circumstance more strongly to the jury; but I can never suffer it to be argued, that a jury, upon this evidence, are not at liberty to find one way or the other with respect to his flying; for in all cases it ought to be taken, and it is no answer to say, that it is entered by the officer as matter of form, because they ought, in all cases, to have the question asked. In this case, I shall direct the officer to ask that question of the jury, distinctly, when he takes the verdict.

Clerk of the Arraigns. Gentlemen of the jury, how say ye, is Robert Attrill guilty of the felony, whereof he stands indicted, or not guilty.

Jury. NOT GUILTY .

Clerk of the Arraigns. Did he fly for it.

Jury. We are of opinion that he fled in consequence.

Court to Mrs. Sullivan. There were some other things, madam, found in this man's box, that were not included in this indictment; are any of them such as can be clearly identified? - There were other things found in his room, but unfortunately the constable did not take them away with him.

But I mean any thing that can be clearly proved to be the property of Mr. Sullivan? - There were, but they are not detained.

Court to Prisoner. You may think yourself very fortunate in the event of this trial, provided you make a proper use of that event. I will express no opinion with respect to you at present, inconsistent with the verdict which the jury have found; the jury by that verdict have declared you are not sufficiently proved to be guilty of this charge, I will therefore not impute that charge to you; but your conduct has been so suspicious, that an innocent man should take care that his future conduct should be free from all suspicion, and if your future conduct is so, this verdict will be happy to you, if otherwise, perhaps, it will be the contrary.

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880910-97

596. ROBERT ATKINS was indicted for stealing, a ball belonging to a cock , the property of Robert Callard .

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17880910-98

597. JOSEPH FRANCO was indicted for stealing, on the 24th of July last, 6 s. in monies, numbered, the monies of John Tivendall , privily from his person .

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17880910-99

598. JOHN CLARK was indicted for stealing, on the ninth of August last, twelve desert knives, value 5 s. and five desert-forks, value 5 s. the property of Denis Doland and John Magadan .

The prisoner was taken in the shop with the knives and forks.

GUILTY. 10 d.

Whipped , and Imprisoned six months .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17880910-100

599. JAMES BALAAM alias DARKEY was indicted for stealing, on the 4th of July last, 15 lb. weight of hyson tea, value 4 l. the property of the East-India-Company .

A second Count, for stealing the same goods, the property of persons unknown.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17880910-101

560. ELIZABETH WHISHAW was indicted for stealing, on the 4th of August last, one cotton gown, value 10 s. a shift, value 3 s. a shirt, value 3 s. an apron, value 10 s. an handkerchief, value 6 d. and a bonnet, value 6 d. the property of Michael M'Guire .

The prisoner slept in the next room to the prosecutor and his wife, and went off on Saturday night, the 4th of August, with the things mentioned in the indictment; she was taken the next morning with the body of the gown upon her back without the skirt.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880910-102

561. HUGH MURPHY and CATHARINE MURPHY alias BOWMAN were indicted, for that they, on the 3d of September , one piece of base coin resembling a shilling, falsely, deceitfully, feloniously, and traiterously did colour, with materials producing the colour of silver, against the statute .

A second Count, for that they, on the same day, one round blank of base metal, of a fit size and figure to be coined into shillings, feloniously, and traiterously did colour, with materials producing the colour of silver, against the statute.

(The Case opened by Mr. Silvester.)

ROBERT DAWSON sworn.

I am an officer; I had information that the business of coining was carried on, at No. 10, Maypole-court, Aldgate ; I went there on Wednesday morning, the 3d of September, a quarter past eight, the street door was open; I pulled my shoes off, and went up-stairs; I could perceive between the bottom of the door and the floor, the woman very plain, with something rubbing between her finger and her thumb; she was sitting by the side of a table; there was only one room on a floor; on the other side of the table, I could perceive the legs and feet of a man only; I could not see his hands, nor what he was at; the other officers, Wilkinson and Whiteway were following me, and as soon as they came near enough to me on the the stairs, so as to give me their assistance, I burst the door open; I immediately went up to the man; and in his hand I found this shilling.

Do you mean a perfect shilling, or a counterfeit? - He was rubbing it with some salt; it was wet; as soon as I caught hold of the man, I turned round and saw the woman lay hold of this saucer, which stood on her side, and throw the contents towards the fire-place, and this stick was in the saucer, which she threw away, when she threw away the liquor; and that sixpence which was in her hand, she put upon the table at the same time.

Is it a real sixpence or a counterfeit? - It is a counterfeit; on that side the table where the woman was sitting, that saucer was standing; and on the other side the table, near the man, was this bason, with a counterfeit sixpence in it, with some sand and water; and this pot, which I think, had vinegar in it, and the salt cellar with a little salt in it; these were all on that side the table near the man; I immediately secured the man, and tied his hands, and took him to another corner of the

room, and tied the woman's hands; Wilkinson and me then staid in the room till Whiteway went for Mr. Clarke, as I am not so well acquainted with this business; I never had any thing of this kind before; he came back, and brought word that Mr. Clarke was ill; upon which, I searched the woman, and in her pocket I found this shilling, (a bad one) with two good shillings, and a good half crown; I observed that the lower parts of the windows were lined with this paper all the way round; I put a piece in my pocket; (cartridge paper) then we searched the man; he had nothing; I saw the woman drop a number of bad shillings and sixpences out of her lap; I believe there might be six, seven, or eight, while Mr. Whiteway was gone to Mr. Clarke, some conversation, which, if you think is evidence, I will repeat, passed between the woman and me.

Did you make her any promise? - No.

Court. Did any thing at all pass from you to her that could possibly induce her to hope, that if she told you the real truth it would be better for her; that she would have a chance of escaping? - No, my lord, I guarded her against it; she first asked me what I thought they would do to her; I told her it was impossible for me to answer that question; that it was a pity she, as a woman, (she said, she had been a hard working woman) should give way to such business as this; says she, I never was concerned in such business as this but three times; my husband was a hard working, honest man; by whom, I had three children; I asked her where he was; and she said, he was abroad; but since she had carried on this business, she had made a point never to pass any bad money in the neighbourhood; that is nearly all the conversation that passed in the absence of Whiteway; and when he returned, we proceeded to search the room; in one corner of the room, in a hole in the ceiling, I found this pot and contents, some blacking; and here is some more, that stood on the table; we then put them together, and brought them together; and in a little bag by the side of the fire place, I saw a bottle of aqua fortis found, which will be produced, that was hanging right over the man's head.

Prisoner Catharine. Had I an apron on when you came in? - She had a check apron on.

JOHN WILKINSON sworn.

I went in company with Dawson to this house, and found these pieces of bad money laying on the ground, under the spot where the woman sat; I believe there are eight of them; they were laying right under her, and some a little distance on one side by the fire place; I found nothing else.

Prisoner. Did you see me with an apron on when you came in? - To the best of my knowledge she had an apron on.

What sort of an apron was it? - A coloured check apron.

Had I any money in my hand? - Not when I went in; I was the last person in the room.

WILLIAM WHITEWAY sworn.

I went with the other officers; I was in company with Dawson when the information was brought.

What did you find there? - A bottle, this phial, it was in a little brown paper bag, on the mantle-piece; (a bottle with a little aqua fortis produced) I saw the things all as described before.

ELIZABETH ALFORD sworn.

I am wife of Robert Alford ; I live opposite this house; I was in the room that morning, which was occupied by this man and woman; it was about half an hour before the prisoners were taken; I met Mrs. Murphy about half after eight; I asked her how her husband did after his night's diversion; he was drunk over night; I went into the room for some water; there was no money on the table at breakfast time; she told me, she had some thread to sell; and in about ten minutes

I came to buy the thread; I knocked at the door; it was fast; I saw some bad money on the table; and she said to the other prisoner, give me the money out of your pocket, for the day will be gone; to the best of my knowledge, he put his hand into his left hand breeches pocket, and he took out some pieces, and put them into the saucer; they wanted to shut me in, but I told them, I had lost my door open, and they let me come down; I went to Mr. Herne, who was my landlord, and told him, if he would go for Dawson, he would find them counterfeiting bad money.

When had you been in the room before? - About a fortnight; they had lodged in that house ten or eleven weeks; a fortnight before I imputed some suspicion to my landlord.

JOHN HERNE sworn.

I am landlord of this house; they have lived there about ten weeks; I knew nothing of this business till within a fortnight; there was only one room.

Court. Do you know whether they are married or not? - I am not able to say; I heard her say; her name was Bowman, if any body came to ask for her.

JOHN CLARLE sworn.

You have been employed, I believe, for the Mint these seventeen or eighteen years? - Under their directions, sir.

Describe to the jury, in what manner it is that people endeavour to colour money? - The process is after they are cast; they are smoothed, and after being smoothed they are put into aqua fortis; after they have been in momentarily, they are taken from that and thrown into water; from that it draws the silver, if there is any, on the surface, and makes them black with the strength of the aqua fortis; and after they are put into water, by being scoured with water and sand it takes off that blackness, and leaves the silver on the surface; that makes them bright, and they have, in general, a black stuff that they put over them, to make them look old, as if they had been worn some time, and then they are ready for currency.

Now just tell us what is, or what has been at least in that phial? - That is aqua fortis.

What is that black stuff for? - This is what they generally put on the outside, in order to deaden the rubbing of it; this bason has every appearance of sand and water; there is a piece of money in it, and I dare say, by rubbing it, it will become white.

(Shewn to the Jury.)

Then you have aqua fortis, water, sand, and that blacking; is it the complete apparatus for the business of colouring? - It is.

Here is some salt, for what purpose is that? - I do not know; they may rub it, in all probability, with salt, instead of sand; I apprehend this shilling has been in aqua fortis, but I will rub it in the sand, and tell you in a minute.

(Rubbed it, and it had that effect.)

Court. Is that counterfeit money, Mr. Clarke? - Yes, my lord, this has been coloured like the rest.

REUBEN FLETCHER sworn.

I am one of the moniers of the mint; (looks at the money) it is all counterfeit.

PRISONER HUGH MURPHY 's DEFENCE.

My lord, I had a few words with that gentlewoman and my landlord, two days before this woman came into my room with my wife; and they whispered together in the room; and I knew nothing of this money; my wife was washing some of the things up; I had no hand in it; this woman owed me a spite; she came and begged my wife to let her leave them in the room, for her husband and her bad words; when Mr. Dawson rushed into the room.

PRISONER CATHARINE MURPHY 's DEFENCE.

I met this woman; she said, how is Mr. Murphy; she had not been in my room between three weeks and a month; she asked me for a little boiling water; I told her tea, and sugar, and water, and welcome; she came in and breakfasted with me; she came up to buy some thread, and then she came up in the greatest hurry, and brought these things in her apron, and threw them down in my room; and she could not get down again before Mr. Dawson came in.

The prisoner Hugh Murphy called four witnesses, who all gave him a good character.

BOTH GUILTY , Death .

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

N. B. When sentence was passed, the prisoner, Catharine, pleaded that she was with child; upon which, a jury of Matrons were sworn, who returned with a verdict, which the forewoman thus delivered.

"In my real opinion, if she is

"with child, it is very young, for she is

"not with quick child."

Reference Number: t17880910-103

562. ELIZABETH WICKS was indicted for stealing, on the 3d of August last, two silver tops for cannisters, value 4 s. the property of Charles Chesterman .

CHARLES CHESTERMAN sworn.

I am a working silvesmith ; the prisoner was a servant of mine at the time I lost the property mentioned in the indictment, which was about the beginning of August; at first I did not suppose they were stole; I lost some things afterwards; I missed them the beginning of August.

- SPENDLOVE sworn.

I am a pawnbroker's servant; on the 19th of August, the prisoner pawned these things with me.

(Produced and deposed to.)

GUILTY .

Privately whipped and discharged being extremely ill.

Tried by the London Jury before Mr. ROSE.

Reference Number: t17880910-104

563. THOMAS WOOD was indicted for stealing, on the 11th of July last, a silver pencil-case, value 6 d. and a teaspoon, value 18 d. the property of Joseph Weedon .

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17880910-105

564. EDWARD RAYNER was indicted for stealing, on the 15th day of August , a hat, value 3 s. a diaper tablecloth, value 1 s. and an handkerchief, value 6 d. the property of John Price ; a Bath cloth cloak, value 1 s. and an handkerchief, value 1 s. the property of Thomas Barron .

The prisoner came to the prosecutor's house in company with the servant's husband, and while she and her husband were up stairs he took the things.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17880910-106

565. MARY WILSON was indicted for feloniously stealing, on the 5th day of July last, a silver watch, value 3 l. a

metal watch, value 20 s. two steel watch-chains, value 2 s. two keys, value 2 d. two stone seals, value 3 s. and seven silk handkerchiefs, value 30 s. the property of John Russell , in the dwelling-house of Timothy M'Daniel .

JOHN RUSSELL sworn.

On the 15th of July, I lost seven handkerchiefs; I bought them over-night, I missed them between five and six in the morning out of the locker in Mr. M'Daniel's bar; I brought them there and gave them to Mrs. M'Daniel to put by for me till the next morning; it is a public-house.

What, were they India handkerchiefs? - Not that I know of, I did not buy them for that; I lost two watches which were in my chest up two pair of stairs; I had lodged there some time before, my chest was there; I went up about two o'clock on the Saturday, the same day I missed the handkerchiefs, I found my chest broke open; the chest was in the two pair of stairs room; there is a bed in the room, I only slept in it; nothing else was gone out of the chest; there were a pair of silver buckles and some wearing apparel; I heard the prisoner had the watches; I knew her before, she had been a servant girl, she had been a chairwoman there; I got a warrant for her, and took her up on suspicion, and she was searched, and one of the watches with the chains and seals of the other watch were found upon her; I was at the bottom of the stairs, Mr. Orange searched her, nothing else was found; at the justice's, she said she picked up these things at the door; I saw them at M'Daniel's house the day before.

Did the prisoner know whose the watches were? - She had seen my watches but not in the chest, she was there in the house at the same time I lodged there; she saw me wear them, sometimes one and sometimes the other; she did not see me put them in my chest.

MARY M'DANIEL sworn.

On the Friday afternoon, the prosecutor gave me the handkerchiefs to put up for him; there were seven; I put them into the bar in a locker; I missed them in the morning; the locker was broke open; there were many other articles in the locker, but nothing else was gone but them; I locked the locker with my own hand the night before, and at six the next morning I was going to open it and found it had been broke open.

Did you see the prisoner at your house that night? - That evening between eight and nine she came in, and had a quartern of gin at the bar; she did not stay long with me.

Did she go out again? - I did not observe that; I did not see her go out.

Did you see the other woman that was with her go out? - I did not take any notice of them.

Was there any part of the house where she could be concealed? - There are many places; there are two rooms in the yard.

Do not you fasten the back door? - Yes.

Was any of the doors in the house open? - Not that I know of.

Did you understand that the house was broke open at all? - No.

Did Russell sleep at your house that night? - No.

When did he leave the house that afternoon? - He was in our house, I believe, between nine and ten that night.

What time did he come in the morning? - A little before six.

What for? - He belongs to Mr. Mellish, a butcher, in that parish; they serve the pensioners with provisions, and he stops at our door before he goes any further, so he called for these handkerchiefs, and then I found they were gone; I went to see if I could miss any thing, and there I found his chest broke open, and the things all thrown topsy turvy.

How do you conceive that this woman got at the locker and chest that night? - I cannot say.

JOHN ORANGE sworn.

On the 17th of July last, John Russell

applied at the public office at Shadwell for a warrant; accordingly I went to execute it on the prisoner; I told her I had a warrant against her, on suspicion of a couple of watches; I told her, I must search her; she insisted upon it I should not; I then caught hold of her petticoat and her pocket together, and endeavouring to get my hand in her pocket she struggled; Mr. Fosresten came, up and took hold of one of her arms while I put my hand into her pocket; on searching her pocket, I found one watch, and the chain and two seals of another; a metal watch, the silver one is absent; (produced) I have had them in my possession ever since; she said she found the things between four and five near Mr. M'Daniel's door; at first she denied having any, then I took her to the justice's.

Court to Prosecutor. What sort of a watch was it you lost? - A smooth cased metal watch, much worn.

Not carved? - Not carved at all; the maker's name was Draper, London, upon the face of it.

Are you sure there was no carving upon the case of it? - I do not recollect there was any, there might I believe, the No. is 8423, to the best of my knowledge; I never set down the No. before I lost it, but I looked at the No. particularly before I lost it; my watch had two cases, and there is no spring to the inside case; the chain had a single link, the other chain was a double link.

A long or short link? - A long link; the metal watch had a key to it, no seal, the other watch had two seals, a key, and a hook.

What were the seals, do you recollect? - One was a green stone, the other a yellow, not a deep yellow but a kind of a red one; the red seal belonged to a metal watch, and I took it off and put it on the other; I won the watch and red seal at a raffle last winter; there is a silver rim round the green seal; (looks at the things) I can swear to these things.

How could you mistake that watch for a plain watch? - I so very seldom wear it, I did not take so much notice of it as that; Mrs. M'Daniel knows the watch.

Court to Mrs. M'Daniel. Have you seen this metal watch often? - I have seen it about half a dozen times; I would not wish to swear to it; I think it was a carved case, but the carving was worn off a good deal.

PRISONER's DEFENCE.

I was going by my mistress's house about half after five, and picked up a watch, which may be the same as this, and a piece of the chain; I had it for a day or two at home, so they searched me and found it.

Court to prisoner. Is the woman here that was with you at Mrs. M'Daniel's house that night? - No, I never saw her since, I came out of the house directly.

GUILTY Of stealing to the value of 20 s.

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17880910-107

565. JAMES TUCKER was indicted for stealing, on the 16th of August last, a silver tea-spoon, value 1 s. 6 d. and part of a linen shirt, value 2 s. the property of John Carter .

The prisoner was in the prosecutor's (a public) house, and took the things in the indictment, while the prosecutor was absent, and John Ceomer saw him with the bundle under his waistcoat, and the silver tea-spoon was found in the necessary, whither the prisoner went when the constable was sent for.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880910-108

567. JOHN WALHAM was indicted for stealing, on the 30th of July last, three dead ducks, value 5 s. the property of Thomas Younger .

JOHN HANCOCK sworn.

I was standing at my master's door, and I saw that chap (the prisoner) about nine in the morning of the 30th of July last, go past the prosecutor's several times; at last a coach came by, and he catched at three ducks that were in the window and took them; two he chucked to a chap that stood in the passage, and one he kept himself, and I caught hold of him with one duck in his hand.

PRISONER's DEFENCE.

The woman came out and took hold of Hancock and then said it was me; my father and mother are dead; I have no friends; I belong to St. Luke's workhouse; I live with my brother, who is a journeyman shoemaker.

Court to prosecutor. Did you lay hold of Hancock? - No, he is a neighbour.

GUILTY .

Court. Let him be severely whipped and sent to the parish officers.

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880910-109

568. JOSEPH BROTHERHEAD was indicted for feloniously stealing, on the 8th day of July last, one set of white linen bed furniture, value 3 l. the property of Eleanor Pearce , in her dwelling-house .

The prosecutrix saw the prisoner come into her shop, on the 8th of July, about half past five in the afternoon, and take out the bed furniture in the indictment; she pursued him, crying, stop thief! and never lost sight of him till he was taken, and she saw him throw down the bundle; she was positive to the prisoner.

Joseph Tatten saw the prisoner throw away the bundle, being closely pursued; and George Doggrel saw the prisoner go into the prosecutrix's house and come out with a bundle under his arm, he was taken in a minute; is positive to the prisoner.

GUILTY 39 s.

Transported for seven years .

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

Reference Number: t17880910-110

569. JOHN DONALD was indicted for stealing, on the second of August last, a silver watch, value 40 s. a steel chain, value 2 d. a seal, value 1 d. a key, value 1 d. the property of James Richardson .

NOT GUILTY .

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

Reference Number: t17880910-111

570. ELIZABETH CARTER and MARY CHAMBERS were indicted for stealing, on the 8th of July last, one silver watch, value 40 s. a steel watch chain, value 12 d. a steel key, value 4 d. a linen handkerchief, value 12 d. and two guineas and 5 s. in monies , the property of Thomas Jones .

THOMAS JONES sworn.

On the 8th of July; I was then out of place; I am a gentleman's servant ; I went into some company that morning, and I got a little liquor; and in the evening I lighted on these young women in Oxford-street, or thereabouts; it might be eleven or twelve; I cannot rightly tell; there were three or four at least, women in the room; I told them to go away; they asked me which I would choose; and I chose Elizabeth Carter , the least of the two; the others went out of the room; and I undressed myself; and I pulled off my breeches, and laid them under the bolster; where I thought they were safe under my head as I thought; and I fastened

the door after that; and when I came back from fastening the door, the prisoner, Carter, was in bed, just in the side where I had put my breeches, where I thought to lay myself; I spoke to her, and asked her, if she would not choose the other side, and she said, no, and I said, I did not care which side; and I put out the candle at a small distance from the bed; then I went into bed, and we lay together, I suppose, for ten minutes; and there was a tapping at the room door, two or three times; and she called, and asked what they wanted; she did not get up then directly, but lay, I suppose, five minutes longer, and there was a tapping again at the door; then she got up, as I thought, to know what they wanted; and she went to the door; and I lay then in bed alone, all in the dark, and I heard some whispering at the door, when she opened the door; and I thought of my breeches, and they were gone; and I immediately called out, I was robbed, as hard as I could; I halloo'd out, two or three times, that I was robbed; and very soon after, I called out watch; and then there was a bit of a light, and some girl, or woman, came to the room door, and threw my breeches on the bed; and after that, the watchman came up; and I told him, I had been robbed of all my money and my watch; he helped me on with my cloaths; we went into the other room; there were two men in bed; and one man and woman were in bed; and we turned up the bed, and there lay my pocket handkerchief; and the watchman took it; and he put his stick under the bed, and drew out a little wooden box with a guinea in it, and some silver; the girl that had been with me was not there; a woman took us to No. 6, in Church-lane; and my watch was found at the watch-house, where the prisoners both were.

You was very much in liquor when you went with this woman? - Yes.

Can you say, whether Elizabeth Carter was the girl that you went to bed with? - I am sure of that.

Was the other girl in the room at that time? - No; not when I went to bed, she was before; I am sure I had my property when I went in.

JOHN CLANEY sworn.

A watchman, and confirmed the last witness, and saw the prisoner, Carter, come out of the house, with nothing on but her bed-gown, just before the prosecutor called him up; and a girl went with him and the prosecutor where she two prisoners were in bed; and Chambers took out a pocket from under the bolster, and the watch was in it; she thought to put it under the bed cloaths, and the other watchman took it.

(The watch produced and deposed to.)

To Prosecutor. Are you sure you had the watch after you went to bed with the little girl? - Yes, I am sure of that, after the other women went out of the room.

PRISONER CARTER's DEFENCE.

The Prosecutor gave me the watch till morning, and in an hour he demanded it; I went out directly, and met this other prisoner, and gave the watch to her; and I went to her lodgings in Church-lane.

ELIZABETH CARTER, GUILTY .

Transported for seven years .

MARY CHAMBERS , NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880910-112

571. WILLIAM SHILL was indicted for stealing, on the 15th of August last, 19 s. 6 d. in monies numbered , the monies of Thomas Pilman .

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17880910-113

572. JOHN LIVINGSTONE was indicted for stealing, on the 27th day of August last, 6 s in monies numbered , the monies of John Withers .

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17880910-114

573. ELIZABETH WELCH was indicted for stealing, on the 16th of August last, five linen frocks, value 10 s. four table cloths, value 4 s. five aprons, value 5 s. five sheets, value 5 s. a linen gown, value 5 s. and four shillings in money , the property of Catharine Scott .

NOT GUILTY .

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

Reference Number: t17880910-115

574. BENJAMIN WATTS (aged ten) was indicted for stealing, on the 9th of September , two hundred and forty halfpence, value 10 s. the property of George Brownsworth .

NOT GUILTY .

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

Reference Number: t17880910-116

575. ELIZABETH WHALLEY was indicted for stealing on the 18th of August

last, two window curtains, made of worsted and linen, value 8 s. the property of Edward Starling .

NOT GUILTY .

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

576. The said ELIZABETH WHALLEY was again indicted for stealing, on the 19th of August last, a linen shirt, value 4 s. and two pair of silk stockings, value 1 s. the property Daniel Barrett .

NOT GUILTY .

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

Reference Number: t17880910-117

577. THOMAS TEASDALE and JOHN WALTERS were indicted for stealing, on the 25th of August last, two copper saucepans, value 2 s. and a tame Canary bird, value 1 s. the property of John Love .

MATTHEW HAMMOND sworn.

On the 25th of August last, between six and seven in the morning, I was going to work, and I saw the prisoner, Teasdale, coming from the prosecutor's with a saucepan in his hand; he said, he was going to get it tinned; I took him back; and saw the prisoner, Walters, ascending out of the prosecutor's area, climbing over the rails; I took the prisoners into custody.

JOHN HILMAN sworn.

I stopped Walters, and saw Teasdale in custody of Hammond, with a saucepan; and I saw another saucepan in the area, with a string fastened to it, and to the rails; I drew it up, and Walters was stopped, and a bird was found in his breeches.

WILLIAM BROWN sworn.

I apprehended the prisoner, Walters, and searched him, and found a bird in his breeches.

(The things produced and deposed to.)

BOTH GUILTY .

Each transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880910-118

578. JAMES BRYANT was indicted for stealing, on the first of August last, a child's nankeen coat, value 2 s. two child's nankeen waistcoats, value 2 s. a pair of breeches, value 1 s. 6 d. the property of David Dubbar .

The prisoner was taken with the things under his left arm.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880910-119

579. OWEN M'CARTNEY was indicted for stealing, on the 30th of August , one hand saw, value 5 s. the property of William Bennett .

The prisoner was taken with the saw under his coat.

GUILTY 10 d.

Publickly whipped .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17880910-120

580. THOMAS HYAMS was indicted for stealing, on the 21st of July last, one cloth jacket, value 4 s. the property of John Maylor .

The prisoner was taken by the patrol, with the jacket.

GUILTY .

To be imprisoned six months .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17880910-121

581. JOSEPH SMITH was indicted for feloniously stealing, on the 13th day of May , a gelding, price 20 l. the property of John Mellows and Morris Mellows .

The property being wrong laid in the indictment, the prisoner was ACQUITTED .

Tried by the first Middlesex Jury before Mr. RECORDER.

582. The said JOSEPH SMITH was again indicted for stealing, on the same day, a saddle, value 10 s. and a bridle, value 5 s. the property of John Mellows and Morris Mellows .

There being no further evidence, the prisoner was ACQUITTED .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880910-122

583. SARAH SOPHIA ANN BROWN was indicted for stealing, on the 9th of July last, nine guineas, and 3 s. in monies, numbered, the monies of Martin Redmond , privily from his person .

MARTIN REDMOND sworn.

The prisoner robbed me of nine guineas and some silver, on the 9th of July, between eight and nine in the evening; I was in Ratcliff-highway , at Mrs. Foy's house; I had a pint of wine; it is a hotel; I went there to please my curiosity.

Is not it a house of ill-fame? - I do not believe it is; I was in liquor, before I went there; I had two ten pound notes, and one of twenty; I changed one ten pound note, and had nine guineas and an half and sixpence in halfpence; and I went up stairs with that lady, the prisoner, and then I was robbed of nine guineas and some silver really did fall asleep for two minutes; I on a bed, but did not lay down; when I awoke, I found my money gone, and then I got as sober as ever I was in my life; the prisoner was there, and she offered me five guineas back again, and I would not take it; I told her she had robbed me, she said she had not, but would give me five guineas, which she took from between a card-table that was in the room; I am sure she is the person who robbed me, and I asked her; and I said, how long have you been in this low line of life? if you will promise to be a good girl, I will hire you for a servant to my wife, and you shall wait on my daughter.

Was that before you fell asleep? - Yes; but after she offered me the five guineas, I called the watch.

Where was your money? - In a black waistcoat; I had a 20 l. and a 10 l. pinned up, and nine guineas and an half in my breeches pocket; I felt the money after I went into this house; I called for a pint of wine, and changed half a guinea.

ELIZABETH DYE sworn.

I changed a 10 l. note for the gentleman, at my house.

What is your house? - I keep a tavern, the Rodney, in Ratcliff-highway; he had two pints of wine between six and seven; I did not mind whether he was in liquor.

MARGARET FOY sworn.

On the 9th of July, the prosecutor was going by our door, No. 103; it is just such another house as the other lady's; a lodging-house, private or public, the Sunderland and Shields hotel; I was standing at

the door when the prisoner picked the gentleman up, and came in with him, and called for a pint of wine; there was another lady at the door, and he ordered her to call in that lady to have a glass of wine; she came in and drank a couple of glasses, and retired; she said, she thought one lady was sufficient for one gentleman; he called for another pint of wine, and he and the prisoner went up stairs, and staid till about ten, when she rang the bell for supper; they had pickled salmon, and bread, butter, cheese, and porter for supper; she sent down the money, and sent for me, to know if I would come up and eat a bit of supper; I had been long ill, and begged to be excused; then she sent for this lady, and I sent word she was engaged, and I did not chuse she should come up; she sent again, and I went up, and this gentleman was sitting on the bed-side, putting his shoes on, and in a very ill temper; I said, is there any thing the matter? he said, yes, my dear, here is plenty of matter, I am robbed; I said, who robbed you? he said, that woman, of nine guineas and an half; she denied it; I rummaged the bed; he had not missed his watch then; but after he put on his shoes, he swore he had lost his watch; she pretended to search his breeches, and she conveyed the watch into his breeches in such a manner, as I never saw a woman do with so much indecency; she tore his breeches down, and crammed her arm down as far as her elbow; (if I am to speak the truth, I must) the knees of the man's breeches were open; he had not the watch, but she produced the watch from somewhere, and put it into his breeches; I found five guineas between a card-table; I knew it was not hers, because I knew she had not the value of this hit of rue; she was searched in the course of the night; nothing more was found, but half a guinea and some halfpence; she said, if she was to go to the watch-house, she would be damned but she would take the money with her, to help to support her; he was rather in liquor when he came in, but he had been to bed and to sleep, which sobered him a little.

PRISCILLA JACKSON sworn.

I am servant at the house; they rang for supper; I carried it up; the lady at the bar sent for my mistress; she went up, and I carried up another candle; my mistress found five guineas under the card-table, and said to the gentleman, I believe this is part of your money; the prisoner said, do not give it to him; my mistress said, I will, it is none of yours; and then the lady snatched two guineas out of her hand, and three afterwards; I went for a constable.

PRISONER's DEFENCE.

My lord, I live in Mrs. Foy's house, as a girl, an unfortunate girl; this gentleman came from another house, and he asked me to drink a glass of wine; he came into the house, I did not pick him up; I went up stairs with him; he made me a present of a guinea; he said, I have no more money, pay the expences; we had a couple of pints of wine, some porter, and some salmon; he was very sick, he did not go to sleep; the woman came up to drink some porter, and he asked me for the change of the guinea; I said, it is mine; and he said I had robbed him; I did not know he had a watch; I have no friend.

GUILTY, not privily .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880910-123

584. EDWARD MERRELL was indicted for stealing, on the 21st of July last, two pair leather of men's shoes, value 6 s. a pair of steel snuffers, value 12 d. two wooden lasts, value 6 d. an ivory tambour needle, value 6 d. and nine pair of children's

leather shoes, value 9 s. the property of George Wiltshire .

And WILLIAM JOHNSON was indicted for feloniously receiving, on the same day, nine pair of children's leather shoes, value 9 s. part of the beforementioned goods, knowing them to be stolen .

GEORGE WILTSHIRE sworn.

I am a shoe-maker in Little-Newport-street ; on the 20th of July last, I was informed the two prisoners were going into partnership; I got a warrant on the Monday following, to apprehend Merrell; and I went to Johnson, and asked him if he had any of my property; he denied it; and in his back room, I found three of my lasts, one written on

"Mrs. Williams," by myself; and the officer brought in Johnson's wife, with nine pair of children's shoes, which were my property. In Merrell's apartment, we found a tambour needle, a pair of snuffers, and two pair of men's shoes, which were mine; the shoes had my mark; the snuffers we lost out of the shop, about eight days before; there were some lasts there, one of which I swore to; I never missed any men's shoes; we are always selling shoes; I missed children's shoes; I mitigated the value at fifteen shillings; Merrell had been with me near a twelvemonth; and Johnson is a boot closer, and worked for me.

Mr. Garrow, Prisoner's Counsel. Both these persons had been employed by you? - Yes.

Both very good workmen I believe? - The prisoner, Johnson, is a very good workman.

The other was your clicker? - Yes.

He had worked for you at first, for twelve shillings a week? - Yes, and in a fortnight I gave him fourteen shillings a week, and four pair of shoes yearly; Johnson worked by the set price.

You entertained a high opinion of both of them? - I did.

You never suspected either of them, till you were told that they were going to set up in partnership? - No.

Is it all uncommon for persons who work occasionally on little orders to borrow their master's lasts? - Not without asking leave.

Are these snuffers conscientiously worth six-pence? - I cannot say.

Do you recollect ever selling any children's shoes to Johnson? - I do, four or five pair; but I never sold him a red shoe.

Will you swear you never sold these nine pair of shoes, that were found in his apartment to any body? - It is impossible a person that keeps a public shop can be certain.

Pray what sum of money did you offer to take to compound this felony? - I never consented to any thing of the kind.

Was not you to shew lenity to them on condition that they did not go into partnership, and set up against you? - It was a matter of indifference to me.

Court. I must have a direct answer to the gentleman's question? - I never had any concern at all about partnership, nor knew nothing about it.

Did you promise them lenity upon any condition? - None at all; when they made application to me to compound felony, I told them, I should have nothing to do with it.

Did not you authorize your attorney, that on receiving a sum of money, and on these men undertaking to enter into no partnership, this bill should not be found? - I did not.

What may be the value of the tambour needle, a penny, or two-pence? - God knows, I do not.

Are not you in Merrell's debt? - I owe him money.

THOMAS MANSFIELD sworn.

I am an officer; I searched Johnson's apartment; and took some shoes from the woman; (as the last witness has related) I produced the last; I understood that Merrell had left some other shoes, (six pair of men's) that we found there, to be bound; and the prosecutor said, he should take no account of them; I went with Mr. Wiltshire

and Mumford to search a place, which they said, was Merrell's apartment, but I do not know that it was; and there we found, a last, and two pair of men's shoes, an old pair of broken snuffers, and a tambour needle; I understood that one of those pair of shoes belonged to the man that kept the lodgings; I do not know his name; the other pair, Merrell said, were his own; they hung up to public view.

(The last deposed to.)

Court. This seems to be a very small trifle; might not such a thing as that, in the common course of business, be taken home by your servant, or by Johnson? - I put it up in a particular place; I have often enquired of Merrell, where it was, and never could find it; I had it made for Mrs. Williams, in St. Martin's-lane; these shoes are all mine; here is my writing; I missed them about three weeks before; I can swear I never sold them.

Who sold in you shop besides? - Nobody but Merrell.

HENRY FOWLER sworn.

This last was brought to me by Johnson's apprentice, to make a pair of shoes.

Is not it common for a workman to borrow his master's last? - Some will do it; it is not common.

Mr. Garrow. I have twenty or thirty witnesses to character.

About thirty respectable witnesses appeared in court, several of whom the Jury knew, upon which, they said, they were satisfied, and the prisoner's were BOTH ACQUITTED .

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

Reference Number: t17880910-124

585. RICHARD M'DEED was indicted for stealing, on the third of August , a pair of leather breeches, value 10 s. and a pair of gloves, value 1 s. the property of the king; and a shirt, value 6 s. and a pair of stockings, value 3 s. the property of William Sanders .

NOT GUILTY .

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

Reference Number: t17880910-125

586 ELIZABETH ROBINS alias RAWLINS and ANN CAMPBELL were indicted for stealing, on the 18th of August last, a leather bag, value 1 d. half a guinea, half a crown, and two shillings, and one penny , the monies of William Turner .

BOTH NOT GUILTY .

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

Reference Number: t17880910-126

587. GEORGE VINCENT other- GEORGE BRANDY was indicted, for that he, with divers others, to the number of three and more, upon the 6th of November last, armed with fire arms and other offensive weapons, unlawfully, riotously, routously, and feloniously did assemble, in order to be aiding and assisting, in taking away from Thomas Quick , one of the officers of excise , a large quantity of foreign brandy and rum; to wit, an hundred gallons, being uncustomed goods, liable to pay duties, which had not then been paid, or secured to our lord the king, by the said Thomas Quick , against the statute .

There were second and third counts, charging him with the same offence, only laying it in a different way.

(The witnesses examined separate on both sides.)

The indictment opened by Mr. Garrow, and the case by Mr. Attorney General, as follow.

Gentlemen of the jury, my duty obliges me to bring before you the prisoner at the bar, charged with a crime, which if the evidence, put into my hands, be true, is one of the most atrocious of the kind, that I ever recollect to have had the honour of attending you upon; it is no less, gentlemen, than that of thirty or forty persons on horseback, armed with fire-arms, cutlasses, bludgeons, guns, pistols, carbines, pole-axes, clubs, and other offensive weapons, to the utter disregard of the laws of this country, and to the annoyance of his Majesty's British subjects, rescuing goods, seized by one Thomas Quick, a revenue officer; and which goods had not paid the duties. Gentlemen, it is an object with me, as your servant, whenever an opportunity happens, to discriminate, as far as I in my closet can, between the different degrees of atrocity of each offence; and the rule (whether right or wrong, is the best which my judgment enables me to perform) is this, that where murder is committed, or the circumstances are such, that it is by God's providence only, that murder does not happen; in such a case, I shall think it my duty to bring the aggressors before you; in other cases, where there may be much disregard to the laws, but at the same time, where there is not that extreme degree of disregard to the lives of fellow subjects; in such cases I endeavour to aim at as much moderation as is in my power. Gentlemen, I need not state to you the absolute necessity there is of affording protection to the revenue officers, few as they are in number, in comparision of those by whom they are frequently attacked; in different ways has the law done this, but one law in particular, upon which this prisoner is indicted, has said, that if persons, to the number of three, or more, shall assemble themselves, for the purpose of seizing goods from the revenue officers, being armed with offensive weapons, such persons shall be guilty of felony, and shall suffer death without benefit of clergy. Gentlemen, I shall by and by make a very few observations to you on the different ingredients that must enter into this case when I close the evidence, or at least the subject matter of it, and if I fail in any of those ingredients I fail entirely, for they must all concur to your satisfaction; I shall therefore briefly state to you the circumstances of the case, and then come to that little detail to make you perfectly comprehend what the meaning and object and jet of the evidence is Gentlemen, I will now state to you the case itself in general: - Mr. Thomas Quick , an officer of the Excise and mate of an Excise cutter, called the Resolution, at the time this transaction happened, in November last, had been stationed at Cowes, in the Isle of Wight, with directions to cruize off the coast of Sussex, Hampshire, and Dorsetshire, to prevent smuggling; this boat was under the directions of Quick, and Quick was under the captain; just at that time they observed a small cutter at anchor in a bay called Studland Bay, at a few miles distance; as soon as the crew of the cutter perceived the boat, she slipped her capable and went out to sea. Gentlemen, the Resolution was further out; the consequence of this was, that the smuggling cutter found she was intercepted, and was under the necessity of running in again; they perceived the small cutter had put off a bit towards the shore; as the sea was high, they got to shore perceptibly, and threw out into the spray of the sea about 150 gallons of spirits in small casks, far under the size of those in which that sort of commodity can be by law imported into this kingdom; I shall shew you the application of that by and by: Quick made a seizure of those 150 casks, they pulled them up, meaning to avail themselves of them and keep them, and guarded them for two hours, as the surf of the sea was so high they could not carry them off. Gentlemen, the general circumstances which followed were these, and I would rather that they came more accurately from the witnesses than me, but in general they are these: the crew of this smuggling boat carried as many of them up the cliffs asthey conveniently could, and went away; in about two hours between thirty and forty men came down in a body, all on horseback, and, with a very few exceptions, all armed; the officers, as became them, warned those that came of their danger, and told them they were armed, and they must make use of those fire arms; the answer to this was, damn you, we are come resolute, together with some other expressions that I do not chuse to make use of; upon this Quick and his small party were under the necessity of firing, the other galloped on, and the situation in which Quick was left will be seen by you from the inspection of himself; he had his head fractured, a piece of flesh cut out from his arm, and bruised in a manner that left him for dead; and another of the officers, namely Anderson, whom I shall call to you, was treated in the same manner, and with a barbarity peculiar to these men (for I think I never met with such before) it was such, that in passing they gave what they called the parting blow, and it had nearly been the parting blow between their souls and their bodies; Quick will be produced to you, he is a cripple for life, and in the vigour of his age; he must retire, and get his living in some way where honesty is more required than activity; Quick was carried on board the boat, and recovered his senses, he was put under the care of the surgeon, and is recovered as far as he ever will: another circumstance, gentlemen, attended the arrival of these thirty or forty men, or at least very soon after, a cart or waggon came down, (clear proof of premeditation) and in these were put the 150 casks and carried away. Gentlemen, I said I would state to you what was the essence of this indictment, in order that it should be supported: first it is essential that it should appear to you that those persons were not casually or accidentally assembled, but for the purpose of this rescue; the coming to the number of 30 or 40 on horseback, and armed; soon after the alarm was given by the boatsmen, most of them running up the country, is a strong circumstance; and that of the cart, is a clear symptom of the same sort; in short, the common-sense of the thing speaks, that this was a premeditated design to rescue these goods, both by the manner in which they came, and in which they went, and in which they conducted themselves towards the cutter. The next essential ingredient is, that these goods were liable to duty, and had not paid it; - the circumstance of their being in such casks as I have represented to you, those casks being slung, and many of them removed; the circumstance of the boat having endeavoured to make their way to sea it possible, are all too plain for me to enlarge upon, and which throw the proof on the other side; if they had paid duty the prisoner will prove it; the next circumstance is, that the individual prisoner was armed with an offensive weapon; what an offensive weapon is, is a matter of common-sense, but as a necessary matter of evidence, will be described by the witness; but my own idea of the word is this, I take it simply to be the direct reverse of an ordinary defensive weapon, that a man carries about with him, calculated more for the purpose of doing mischief, and injuring another person, than for any of the ordinary purposes for which any of us may carry a whip, or walking-cane; if that is not of itself a reasonable definition, I shall, with great pride and pleasure, borrow one from the best authority, and that is, Mr. Justice Foster, who says, it is

"an instrument likely to kill." Now, gentlemen, such an instrument may be of a great variety of kinds; sticks of certain sizes and dimensions, unquestionably may be likely to kill, and are not those which are ordinarily and customarily used by the subjects of his majesty; and that a whip may also be so, I presume no man will doubt; because, if a weapon, very likely indeed to occasion the death of a man, should happen to have a thong hang to it, that will not deceive the jury, and they will say whether it is simply for the use of a person going on horseback. Gentlemen, another description of an offensive

weapon is, that it must be such an instrument as is unaccustomed to be used, and such as would naturally, on the first appearance, excite a certain degree of surprize, and induce any person to say, this is for some other purpose than riding on horseback; now, if a whip of very large and enormous size, being in its nature a thing elastic, with a spring, is not much more likely, when so used, to be the cause of the death of a man, than a stick, I know not how, in the shape of a whip, it is possible for any weapon to be offensive; and I presume you will have no doubt, but the death of a man might easily happen by such a weapon; but suffice it for me, that the reasonable intimidation of an officer is effected by it, that is sufficient for this purpose. - Gentlemen, these are the circumstances, which I have stated to you as simply as I could, for the purpose of directing your attention to the evidence which will be given; I shall leave it with you, with the same conviction I have hitherto had, that you will, on the one hand, attend to the necessary interests of the public, in protecting the officers of the revenue, and that, on the other hand, you will pay regard to the superior interest of the prisoner, and that is, that he (although accused) should have the full benefit of that law, which is his inheritance.

THOMAS QUICK sworn.

(Examined by Mr. Silvester.)

You are an officer of excise? - Yes.

You was mate of the Resolution cutter? - Yes.

Where was you stationed on the 5th of November? - At the port of Cowes; on the 5th of November, being at anchor in Swannick's bay, we looked out, and seeing a vessel we suspected to be a smuggler, we were ordered to go along-shore in the boat belonging to the Resolution; but after putting off from the vessel, it blowing very fresh that night, I judged it not prudent to go down on the north shore, but went into Brown-sea, the entrance of Poole-water; upon which I landed, and took my men out with me, armed, down to Flag-roadway, over land; in going down the roadway, I fell in with three horses standing in the road-way leading from Poole, on shore; I descried three men laying on a sand-bank, when another rode up on horseback, and asked me what we belonged to; one of the people answered, to the excise; at that time they asked me, whether we had got any more people on shore; that was the same men.

When did you see the boats? - On the 6th, the next day, as I was going out of Brown-sea, it might be about seven or eight in the morning, it was day-light, I went back to my boat, I put to sea.

Where was the cutter then? - The cutter was riding in Swannick's-bay, as they told me after, where I left her; going out of Brown-sea, I saw this vessel with a large boat upon deck, she was rather at an anchor at Studland-bay; which made me think, seeing a large boat on deck, it blowing so fresh the night before, and my being down on the north-shore, that she had not landed her goods.

What did you take her to be then? - A smuggler; I immediately made towards her as fast as possible, and I found that I could not fetch her with my sail; I lowered my sail down, and struck my mast, and pulled my oar down, to get towards her; as soon as the smugglers saw that, they slipped their cables, and went out of the bay, and went out to sea; and I put one hand on shore at Studland, to go over to Swannick by land, to call the cutter; he came back to me, he saw the cutter, and the cutter came round; he turned back in ten minutes or a quarter of an hour; when the smuggler saw the Resolution coming, she immediately hauled her weather, and went down on the north-shore; I chased him in the boat, and the captain in the cutter.

Court. They went down towards that part of the shore that lays between Poole and Christ-church? - Yes; he had time to put his boat out, and put about 150 kegs that lay on the shore into her.

What kind of kegs were they? - What we call half ankers.

Did you afterwards know what was in those kegs? - I tasted rum afterwards, when I have them out; they sent the kegs off with the boat; I did not see them put them in, but they hove them out into the surf of the sea, when they landed; I got them altogether out of the surf upon the sand; after the captain had time to get a four-oar'd boat out, and send on shore from the cutter, before I reached the shore, she arrived ashore before me.

Had the smuggling-boat got off? - No, she had not; there was she and three of the people that came on shore in her, upon the shore, when I went on shore after the goods.

Did they haul her up out of the surf, or what? - No, she was laying beat up out of the sea, on the shore, they were on the beach; I had six men in my boat with me, and four that the captain sent, which made ton, besides myself; after I got to shore, and had possession of the goods some time, I attempted to launch the four-oar'd boat, being flat; I had taken possession of the goods, and the keg that I tasted, which was rum, they had slings round them, they were not fastened together; the slings are ropes put round them, for the purpose of carrying them; I found it impossible to launch the four-oar'd boat, and afterwards got an eight-oar'd boat mast and sail into the large tub-boat, the boat that brought them on shore, and they attempted to get her off, when I saw a company of horsemen riding down in Bourne-bottom; there was about thirty; they were dressed, some in smock-frocks, and some in coats; I desired my people to break off from attempting to launch the boat, for I fancied we should have work enough; for I told them, I thought the company were coming; we broke off, and took to our arms; when they rode up, I desired them to keep off, or I would fire; their answer was -

"fire,

"damn your eyes, you b - gg - rs, for we

"are come resolute!" - they were about twelve or fourteen yards off, to the best of my remembrance; then they made a drive at me with their horses, and sticks and whips uplifted.

Court. They rode at you with their sticks and whips uplifted? - Yes, they were sticks with large heads to them.

What kind of whips had they? - Whips with large heads to them, which appeared to me to be what they call loaded whips.

What thickness were they? - The whips were thicker round, I suppose, at the but-end, than any part of this stick; they held their whips and their sticks by the small end with the large end raised; when I saw them riding up in that manner, and after the answer they made me, I desired my people to fire on them, and I and some more of my people did fire, and one man dropped from his horse; after that, I turned round, and was attempting to load my piece again, and a man came behind me, and cut my scull open with a tomahawk.

What do you mean by a tomahawk? - A thing that is like a small axe at one end, and at the other there is a small spike; with that blow I fell, and after that I arose again, I put my hat on, and here is a cut on the head which I received after. Shews his hat cut through.

What is it cut with? - I cannot say, I look upon it to be the point of a tomahawk drove through; after that, with my hat on, I received another blow through my hat; after that I was knocked down again with a stick or whip.

That was with a blunt instrument? - Yes, it was with a blunt instrument; after I was knocked down again, I was wounded in my right thigh, with the point of a tomahawk; these are the breeches I had on; this is the hole; likewise I had a piece taken out of this left arm, and the bone fractured, I cannot say what it was cut with; I have lost the use of my arm; I was slightly cut in the joints of these fingers, which I suppose was by drawing a cutlass through my hands; I cannot use a fork, not cut my own victuals, and the little finger

of my right hand was broke at the same time, and I was very much bruised from head to foot.

Court. Then by that account you received many different blows? - Many, after I was laying bleeding on the sands, they got off their horses and beat me; I cannot ascertain the number, but I had a great many blows from several, with sticks and whips as I lay bleeding on the ground; after I received them blows, and some more of my people were wounded and beat, they put their goods into a waggon and a cart, which came down with the company, just behind them; and after I and my people were beat, then they loaded the waggon and the cart, and drove the goods off; the Resolution being near the shore, seeing that, and seeing the action, she fired a six-pounder at them.

Had that any effect in dispersing them? - No, none, they got off with the goods.

Had you an opportunity, at any time, to observe the persons of any of the people that came up to you? - Yes, I had, the man that split my skull was on the shore with me during the whole time I had possession of the goods; the boat's crew never struck a blow.

Do you know any thing of the prisoner at the bar? - Yes, I recollect his features.

When did you first see him? - I saw him after I was laying on the sand; I recollect him on account there was a man going to cut my ear off, after I was laying on the sand, and another came up, and would not let him do it.

Who was that? - I believe it was the prisoner at the bar, that came up, and would not let him do it.

Had you seen the prisoner before that? - No, sir, not to be any ways active, only amongst the men.

Had you seen him amongst the men? - Yes, I saw him after I was laying on the sand, but I did not take any particular notice of him; the prisoner came up, and was on foot, and prevented the man from cutting my ear off; he was on foot; they had got off their horses; to the best of my knowledge the prisoner had a whip.

What kind of a whip? - The same I have described.

That large loaded whip? - Yes, whether it was loaded I will not say, but it appeared to me, to be the same kind of whip that I described before, to the best of my remembrance; they were obliged to carry me on two oars as far as Bourn-sea, and then taken on board the cutter, and put before a fire; and after that, I was carried up to Poole, where I was confined a long time.

Mr. Serjeant Runnington, Prisoner's Counsel. Mr. Quick, what time in the morning was it when you went out with your cutter, on the 6th of November? - It was about seven or eight in the morning, as near as I can guess; I had no watch in my pocket.

Do you recollect, or do you know, about what time it was you landed? - I suppose, it might be about two hours after.

Then it might be about ten? - Thereabouts, about ten, or it might not be quite so much.

Then you got possession of these hundred and fifty kegs that they left on the surf? - Yes, I cannot ascertain the number exactly.

How long was you on shore, before the company came? - About two hours, as near as I can guess; we had had possession of them two hours.

Then this being about twelve, you had not got possession of the goods, in the way it was stated; I understood you to say, that you told them to keep off, or you would fire on them? - Yes.

Upon which they answered, d - n you, you b - g - rs fire, for we are come resolute? - Yes.

Then I believe it was, that you gave orders to fire? - Yes, they rode up to me.

The man that dropped, was of the name of Bishop or Butler? - I could not swear to his features, but I look upon it, it was the same.

That man was tried since, and hanged? - Yes.

Upon this, you attempted to load your piece again, and then you received a blow that fractured your skull? - Yes.

I suppose, in that state you was very much confused? - I was, but in a little while I arose again, and put on my hat.

How long did you lay on the ground? - Not, I suppose, above the space of a moment; I did not know my skull was fractured; I suppose, I had not been up above the space of a moment, or a moment and a half, before I was knocked down again.

Then you was something more confused than you was at first? - Yes, I was; says he, d - n your eyes, you have shot the man.

The second time, you say, you believe you was knocked down with a stick or a whip? - Yes.

How long was you in that state before the man came up to cut off your ear? - I was some time.

How long? - I cannot say.

You was of course examined as a witness on the prosecution of the other man? - I was.

Have you a perfect recollection now of the testimony you gave on that prosecution? - No, I cannot explain the words.

Do you remember, that at that trial you could not swear to any person being present, except a man called Dominick? - I did not recollect at that time.

Did not you say, that you did not know any person but a man of the name of Dominick? - Not to know him perfectly, that I swore then, till I saw the prisoner at Southampton, and I recollected his features.

Court. Then upon the trial of Bishop, he said, he did not know any person, with certainty, but Dominick; but he says, he afterwards saw this man at Southampton, and recollected his features.

Counsel. Yes, my lord.

Mr. Serjeant Runnington. You have seen the prisoner at the bar since the trial of Bishop? - Yes.

And you had not seen him till that time, from the time you received the accident? - No.

Court. You do not recollect, that between the time of the accident, and the trial of Bishop, you had seen this man at all? - I do not recollect that I had.

Mr. Serjeant Runnington. Then you have not been into the goal of Newgate, to see the prisoner since that time? - No, I have not.

Others have? - Yes.

How came it you did not go? - I was not ordered.

But you say, that you now recollect the features of the prisoner, and he was the man that saved you from having your ear cut off by the others? - Yes, sir, to the best of my remembrance.

But be it as it may, you do not mean to be quite positive? - No.

Court. Do you mean to say, that you are not quite positive as to his being there, or that you are not quite positive as to his being the man that prevented your ear from being cut off? - Neither, but to the best of my recollection of his features, he was there, and was the man that prevented my ear from being cut off.

Mr. Serjeant Runnington. Did you see the goods taken off, Mr. Quick? - Yes, I saw them ride away with them.

Then you mean to swear now, that you saw the goods carried off; because at the last trial, you said, that at that moment you was insensible, and had no account of it? - The goods were carried off, because I remember hearing the report of the six-pounder; I was on the ground.

Then you was perfectly sensible at that time? - I was confused.

How long was it, either before or after that, that the man came to cut off your ear? - I look upon it, it might be about five minutes, as near as I can recollect.

Was he the only man left of the Smugglers party? - No.

Have you a man in your party, named Breedon, familiarly called John the Painter? - Yes.

Do you know much of this John the

Painter, with more names than one? - No, I cannot say I do.

He is too bad a man for you to keep company with? - I have no opinion at all of the man; I have no such opinion of him.

Do you not know him to be a very bad man? - No, I know nothing of him, more than his being here at the last trial.

He was not called as a witness then? - No, he was not.

Mr. Silvester. If I understand you, you know nothing of the man? - I have no acquaintance with him, and I do not know that I ever saw him before.

Court to Quick. Are you sure the man that prevented your ear from being cut off had any weapon? - Yes, sir, a whip, or stick, I cannot positively say; I believe it was a whip that he had.

Have you any recollection how that man was dressed at the time? - He had a kind of frock-coat on, to the best of my remembrance.

Do you mean a smock frock or coat? - No, a coat.

He was dressed in the common usual way? - In the common usual way.

No disguise? - No disguise at all.

Now can you recollect with any certainty, whether you observed that man at any time before you was knocked down? - No, I cannot.

Whether you saw him on horseback or not is the meaning of my question? - I cannot say.

Court. You give your evidence very properly and very fairly; do you recollect seeing that man, who interposed at that time, and whom you took to be the prisoner, striking yourself or any of your party? - I do not recollect seeing him strike me or cut me, or any of the party.

Have you any recollection in what manner he interposed, what he said? - I was laying with my head towards the cliff, and a man came to my left side and took hold of my car, and got his knife out and open, and the man whom I took to be the prisoner said, let him alone, he has got enough, or something of them words, to the best of my recollection.

Had you any opportunity of observing whether this action between you and the smugglers had brought together any of the country people, or any more than the party that came down? - There was this Dominick, as I had heard him called, he was on his horse all the time, but I do not recollect it bringing together any more than those that were with the waggons and carts and horses.

Whether there were any people who were drawn there by this action as spectators, that were not concerned on either side? - Not to my knowledge.

Do you know where the tomahawk was taken from that you was cut with? - Out of the bow of my boat.

WALTER ANDERSON sworn.

Mr. Fielding. In what employ was you on the 6th of November last? - In the employ of the Excise, on board the Resolution cutter.

Do you remember having been with Quick at the time these casks were landed? - Yes.

At what hour was it that you saw any company coming towards you at Poole Bottom? - As near as I could tell it was twelve o'clock, I had no watch; I had been employed about two hours in pulling up the tubs; I saw a company of about thirty coming towards me on horseback; and I think about the space of thirty yards, Quick the mate desired them to stand off.

Tell us, as near as you can recollect, the words that Quick made use of, and what followed? - If the Court will excuse the expressions, they are rather indecent; Quick desired them to stand off or he would fire upon them.

Were they then within hearing? - They were then, I suppose, within twenty yards, they were riding on full speed.

Court. Were they coming on at a gallop? - With a fast trot or gallop.

Coming on with considerable speed? - There was a general exclamation, fire

you b - g - rs, for we are come resolute; the words were very express and very plain; they still kept riding on, they made no halt at all; when they were within ten or twelve yards, by that time they had finished their expression, Quick and several others fired; I fired, and I saw one man drop from his horse, and they rushed in upon our party and separated them; they were on horseback with bludgeons and sticks, or whips; they held the whips by the small end, and so they did the bludgeons.

In what manner were their arms used? - They were held by the small end, and they were brandishing them ready to make a blow.

What sort of whips were these? - They were large whips, I cannot say I can describe the nature of whips so well, because I am no horseman; it was very much like this, (producing a large whip) but some of them I think were bigger; as for the weight I can say nothing, and they were held with the small end in their hand with one hand lifted up.

What was the size of the sticks? - The small end of the sticks were about this size, (a middling size stick) and the other end was thicker considerably, and at the top of it a large knob.

Then these men came onwards in this way with their whips and sticks brandished, and they broke in amongst you? - Yes, the first thing I saw, with respect to our people, I saw Mr. Quick knocked down, and I received a blow on the head, but not very considerable; I picked up a musket which would not go off; I ran to Quick's assistance, and there were two men beating him, and I no sooner relieved him from one of them, but I was knocked down myself, and I thought it was by one of those bludgeons, but on examining the wound, it appeared to have been given with a sharp instrument; I lay blind for some minutes, or rather insensible; the first thing I saw was a man coming to make a blow at me, I saved it with my arm; he then went to Quick, and I suppose about twenty passed between Quick and I, and gave each of us a blow, expressing

"which of you killed the man;" one man presented a pistol and attempted firing, the pistol would not go off, he in a passion took the pistol and rammed the muzzle of it quite into my mouth, I lost two teeth; I wrenched a club from one of them, and saved a blow; all this time they were loading a cart and waggon which came following them at a little distance.

How long were they so employed? - I think I may say about twenty minutes; they put the goods on the cart and waggon and drove off.

How many of your men besides Quick and you were there? - There were two boats crews, in number eleven, ten besides the mate.

What became of them? - They were dispersed and ran to the beach, except Quick, myself, and one Morgan, he received some blows; several of the men went into the water, and they fired at them with short muskets.

Court. What, the smugglers? - Yes, if the party that came down were smugglers.

Some of them had fire arms? - Yes, they had those pieces, I cannot describe any of their arms to have been their own, they might have been ours, except those short muskets, we had none such.

How many had fire arms? - There were about six or eight, and it appeared to me that those pieces were discharged on our people that ran into the water.

How far did they run into the water? - I cannot positively say, the sea was running high; the most expressions that they used were, who killed the man? none of them remained with me after the cart and waggon went away; the last man that was with me was a man that I beckoned to and desired to leave a little spirits to wash our wounds, as I was then doubtful of being able to get off, the whole party went immediately with the cart.

I have nothing more to ask you, only whether you recollect seeing the prisoner at the bar there at the time? - I have taken particular notice of the prisoner, I cannot

with any recollection say that I do know him.

Mr. Knowles, prisoner's counsel. I will ask you a question, being a very fair witness, you say you observed people beating Mr. Quick after you attempted to fire the second gun? - Yes.

Were they beating him very unmercifully? - They were beating him with all their might.

This was before the cart was loading? - Yes, it was before they could possibly load the cart, the cart was just coming up.

Do you know much of this country? - I know a little of it.

Then this place where the accident happened is very often used as a road? - I do not know that it is ever used as a road but for the convenience of smugglers.

Do not you understand it is a nearer cut to the road? - No, I do not.

Court. It appears it is a road down from the beach, and not a road from one part of the country to the other, that is as it appears at present.

You say there were some persons remaining? - I was the last that remained, there was the whole company at that time within ten yards, round the carts and waggons, and at the time I was speaking to this man they then had the wounded on the cart; I was rather hot with defending myself, I did not feel the wounds, I was sometimes obliged to wipe the blood away to clear my eye-sight.

Mr. Fielding. This track then down which the cart and waggon came was not, according to your knowledge of the country, a common road? - I never knew it but leading down to the beach, and I have known it for years.

Court. The fact of the goods being carried clear off, seems to render the enquiry about the road clearly immaterial; there having been an actual attempt.

RICHARD CROSS sworn.

Mr. Garrow. I believe you belong to the Resolution cutter? - Yes.

Was you one of the persons that were on shore with Mr. Quick, at the time of this seizure? - Yes.

Did you see any part of the persons coming down the country? - Yes, about thirty; they rode as hard as they could ride, with their sticks and whips up an end, above head; we stood by the goods, and Quick desired them to keep off, or he would fire; they said, oh, fire, fire, for they were resolute bent! upon that, Mr. Quick fired, and ordered his people to fire.

What did the party do? - As soon as we fired, they rode right through us, and every man that came athwart them, they knocked quite down.

Had they any other weapons, besides these sticks and whips? - I cannot say that they had then, but I afterwards saw them with muskets.

Do you recollect the persons that came with that party? - Yes.

Was the prisoner there? - Yes, when I saw him, he had a whip in his hand.

Did you see him do any thing? - No, I cannot say I saw him strike any person; he was on horseback; he was in the company; and he had a whip in his hand.

Are you quite sure of that? - Yes, I got very much beat; after we fired I ran into the water; two of them came into the water, and beat me very much, and afterwards I saw a man with a musket aiming at me, but the piece did not go off; the prisoner was holding his whip at the small end when I saw him.

What sort of a whip was it that he had? - It might be about three or four inches round; it was as large as that, or, I think, rather larger.

Did you see the prisoner after the time that he came up? - Yes, I saw him twice.

Did you see him come up with the party? - Yes, he did, and I saw him afterwards, when I was in the water; it was after Mr. Quick had been struck down; Quick was laying then on the sand.

Was it before or after the six-pounder was fired? - I fancy it was before.

Mr. Serjeant Runnington. Where do you live? - I live at Cowes, when I am at home.

Had you any habitation there, at the time of this affray? - Yes.

Lodgings, I presume? - Yes.

Was you employed as a mariner on board this cutter? - Yes.

How long have you been on board of her? - Six or eight months, I fancy.

Then you are perfectly familiar with the person of the prisoner, I presume? - No, I never saw him before that time.

And I suppose you have never seen him since, till you saw him now? - Yes, I saw him the other day.

That was in Newgate? - Yes, it was.

Who was with you? - There was a gentleman with him; I went in by myself.

What was that gentleman's name? -

That is the gentleman over the way. (The Clerk of Mr. Mayo.)

Then when he came there he left you? - Yes.

You know nothing of the coast of Sussex? - Nothing at all.

You say, after you had fired, being one of the company, you ran into the water? - Yes, I was knocked down first, before I ran into the water, and I got up after.

Was it a very violent blow that you received? - I fancy it was, for it stunned me; I was stunned about a couple of minutes.

Was Quick knocked down at that time? - I fancy he was knocked down on the sand then.

Did you give any evidence on the trial of the unfortunate man of the name of Butler? - Yes.

I believe, on that trial, you said, you could swear only to one person? - No, sir.

That was one Dominick? - I knew Dominick very well.

You say the prisoner had a whip? - Yes.

Is that a common hunting whip? - No.

What were they dressed in? - Some in frocks, some in their common habits.

Have not you before swore they were all dressed in frocks? - No, sir.

You have not? - No.

You know nothing of the prisoner, except, you say, you saw him there? - No, sir, I saw him there; I did not see him strike any man.

Mr. Garrow. Quick was an officer in the Resolution, and an officer in the Excise, was he? - Yes.

Court. Are you quite sure as to the person of the prisoner? - Yes.

You never saw him before, till you saw him in Newgate? - No.

How came you to be so particular in a man, that you saw doing nothing? - It was a time, when a man would be particular; I saw another of our people beating, and this gentleman rode up to him.

Did you ever see him off his horse at all? - No, I did not, for as soon as ever I turned round to him, two or three knocked me down; I never saw the prisoner off his horse.

Mr. Garrow. When you went to Newgate, was the prisoner pointed out to you, or in what manner was he shewn to you? - There were four, or five, or six prisoners came out to me, besides him.

Did any body point him out? - No, sir, they did not; I pointed him out from four, or five, or six others.

JOHN BREEDON sworn.

Mr. Attorney General. Where were you on the 4th of November last? - I sailed from Albany, on board the Phoenix cutter.

What were you loaded with? - Brandy, gin, and rum.

Where did you go to from Albany? - To Bourne-bottom; we arrived there, and we boated part of our goods; that was on the 5th, at night; and there was a signal given us by the company that were on shore to push off; and we went to sea again; and we lay in Studland-bay till the

morning; in the morning of the 6th, we saw a boat coming, that we suspected to be a Custom-house boat; on that we slipped our cables and stood off to sea, till we saw the Excise cutter, then we bore up to the north shore; while we were running, we boated our goods.

How did you dispose of the goods? - When we came on shore, we have them over-board; there might be a hundred and fifty, or a hundred and sixty out of the boat; there were a few left in the cutter; we threw a hundred and fifty or a hundred and sixty into the surf; I ran away with two tubs on my head; that is, I went away; and I saw the excise officers pull up the tubs; I came back and spoke to Quick, and asked him for a tub, as I had lost my voyage; he said, he might as well give me the whole seizure; I proposed that he should drop one in the water, and I should pick it up after he was gone, but he refused; about two hours after Quick had seized them, there came down a gang of people on horseback and foot, about twenty-five or thirty, they were most of them on horseback.

Did they come of themselves, these persons, or were they brought by any body? - There was a man went away from our boat, and came back among the party; the party had whips and sticks; they were some larger, and some smaller, about three inches round, not so large as my fist at the end, but large knobs; the whips were large whips, thick at one end, and small at the other; a long lash to them, as nigh as I can guess, about the size of that; Quick called to his people, when these persons came, to desire they would stand in defence of the goods; the people stood at some distance, I suppose it might be about twenty or thirty yards, as nigh as I can guess; he told them to stand off, or he would fire, and they made him answer, d - n your eyes, you b - g - r, fire, and he fired in upon them immediately.

Did they strike? - They struck several people, but I cannot find out who struck in particular, only one man that struck me, I found his name out, but I never saw the man before.

Did you know the prisoner before this time? - Yes.

Was you acquainted with his person particularly? - Not intimately acquainted, but I had been on shore before with him; I have known him about a twelvemonth.

Take care of the answer you give to this question; are you sure he was one of them? - I am sure the man was in company, and more particularly, he spoke to a man, not to beat me, because I belonged to the boat.

Was you struck? - I fancy some of the party took me to be one of the officers; and the prisoner rode up, and prevented my being struck any more, being one of the boat.

You know his name, I take it for granted? - George Vincent otherwise Brandy, he used to be called by the name of Brandy; he had a whip in his hand; it was a large whip, about the size of that; (holding it up in this manner) the small part of it in his hand.

You have no doubt, have you, whatever, that he was there? - No, sir, not in the least.

And that he was so armed as you have described? - Yes.

Mr. Serjeant Runnington. Breedon, pray where do you live now? - At the Isle of Wight.

At Cowes? - Yes.

How long? - Ever since this affair happened.

Where did you live before? - At Parsley, near Pool, in Dorsetshire.

How long had you lived there? - I suppose, on and off, about two years; I rented a house.

How long have you been in this service of smuggling? - Me, sir! I was never long in it; I never went but one voyage before that.

Then you was one of this notable party I presume? - No, sir, I was not; I was

one of the boat's crew, but the boat's crew has nothing to do with the party; I was in the boat.

Do you go by no other name than Breedon; what is your honorable title that you go by in the neighbourhood? - The people call me Jack the Painter.

I suppose, that is because they know your character well; you are a very good sort of a man, I presume? - I cannot help what character the people give me.

You know a man of that name was hanged? - Yes.

I find that Mr. Quick and you could not agree about this tub for the whale? - No.

But you, knowing the complexion of Quick, drop it on the sand, says you, and I will pick it up, Mr. Quick? - Yes.

How did you make your peace afterwards, now you are become a notable witness for the crown; how many tubs have you had since? - None.

I suppose, you went up unsolicited and made a full discovery? - I made application.

Who applied to you first? - Nobody.

Did not you go before some gentleman in the commission of the peace for the county of Dorset? - Yes.

Who desired you to go there? - I went there to give the true state of the case; I was obliged to surrender.

When you had made this affidavit and swore to Vincent? - Yes.

Then you went before an Honourable Judge, Mr. Justice Buller, and swore a second time to his person? - Yes.

Now after having taken these two bold steps, where did you go to next? - On board the cutter.

That was not the way to find him, did not you go to Newgate? - No, sir, I never went to Newgate to see the person of the prisoner at the bar.

You never did go there? - No.

Then all that you have swore is just as true as that? - Yes, I did not go to Newgate to see him, I did not see him in Newgate; I went in company with another man, that was Mr. Cross.

I understood Mr. Cross to swear, that he went in alone? - I did not go in with him.

Who went in with him? - I do not know; I stood on the outside; I never went in.

That is a little extraordinary, because, I believe, you went for the purpose of going in? - No, sir, I did not intend to go in.

How came you not to go into the goal? - Because I knew the men, if I had gone in, would have thought I should have pointed him out to them.

Then have you never declared to any human being that that man was not present at the time of that affray? - I declare so now, sir.

You never have? - No, sir.

Do you happen to know a gentleman of the name of Akerman? - No.

Do you know the person of the keeper of Newgate? - No.

Where did you come from? - I live at Cowes.

Did you and Cross come together? - Yes.

Do you know the parish of Hemhurst? - I cannot say I know it by that name.

You know what I mean? - No, I do not.

You swear you have known the person of the prisoner twelve months, do you happen to know where he lived? - To the best of my knowledge he lived at Red Hill, I do not know what parish it is in.

How far is Red Hill from this scene of action? - I cannot be positive to the length of it.

No, no, do not treat it in that way; what do you think, is it five miles? - To the best of my knowledge it might, I will not be positive.

Court. About what distance do you take it to be, as near as you can guess? - I do not know the proper distance.

Mr. Serjeant Runnington. Let us try your memory another way, do you recollect the substance of the affidavit you made before the justice in Hampshire? - No, sir.

Did not you swear before that magistrate that he had actually beaten you or some of the party? - No, sir, I did not; I swore that Northeast beat me, and that he spoke to him not to beat me.

You being on board this boat, was very much on the look out; do you happen to know what time of day it was when you landed your goods? - I cannot say, I suppose it might be about eleven or twelve, I cannot be positive to the time.

Mr. Attorney. When did you make the first affidavit respecting this matter? - I think it was the 7th or 8th.

Soon after the transaction, was it? - Yes, I believe it was the next day to the best of my knowledge.

Did you then mention the prisoner by name to the justice? - Yes.

Now as to this nick-name, is it a common thing among smugglers, do not they give one another nick-names almost always? - Yes.

Have you been at the prisoner's house? - I know no further than I was told so by William White .

Is it from that information then that leads you to think that the prisoner was of the party, or your own knowledge? - I swore positively to the prisoner from my own knowledge.

Were not you instructed not to go into Newgate? - Yes, I was.

Mr. Serjeant Runnington objected that it was necessary to the construction of the words of this act of parliament, for the counsel for the prosecution to prove that these were goods which had been exported on debenture or certificate, which was over-ruled by the Court; but they observed, that as it was in the record, if the objection was good the prisoner would not be proscribed by a verdict of guilty.

Court to prisoner. Your counsel have not an opportunity of stating your case to the Court, they only are at liberty to call your witnesses and state objections in point of law.

Prisoner. I leave it to them.

BENJAMIN HARVEY sworn.

Mr. Knowles. Where do you live? - At Holdinhurst in Hampshire.

Where did the prisoner live? - At Red Hill, in the same parish.

Have you known him long? - Yes.

Do you recollect the day when this engagement happened between the smugglers and the excise officers? - Yes.

Can you tell me where the prisoner was at any time that day? - Yes, he was at his own house at Red Hill between ten and eleven in the morning.

How do you know that? - I saw him there myself.

What business is the prisoner? - He is a farmer.

A married man or a single man? - A married man.

Any family? - One child.

You say you were at his house between ten and eleven? - Yes.

Are you sure that was the time? - Yes.

How long was you with the prisoner? - Not above ten minutes.

Where did he go to from his own house? - I do not know.

When did you leave that house? - It might be about an hour after.

Did you observe him go out? - Yes.

That was between ten and eleven? - Yes.

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

Reference Number: t17880910-126

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 10th SEPTEMBER, 1788, and the following Days;

Being the SEVENTH 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 VII. PART VIII.

LONDON:

Printed for E. HODGSON (the Proprietor) And Sold by E. 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 George Vincent .

Had he any thing with him at that time? - No.

Nothing at all with him? - Nothing at all.

Was he on horseback or on foot? - On foot.

Had he any stick or whip with him? - Neither.

How long have you known him? - Six or seven years.

What character does he bear? - A very good character, a civil honest man.

Mr. Attorney. You saw nothing of him after ten or eleven o'clock? - No.

Nor where he went you do not know? - No.

Court. What is the distance between Red Hill and Bourne Bottom? - About four miles.

Do you know Breedon? - No.

Look at that man? - I do not know any such man.

ANN OSMAN sworn.

Mr. Serjeant Runnington. Do you know the prisoner? - Yes.

How long have you known him? - Ten or a dozen years.

During that time where has he lived? - Mostly at Red Hill, he rents some, and some he has of his own that he bought, he has a wife and a child.

What sort of a character has he bore? - Always a very good one.

Where have you lived? - I live at Park-stone.

That I believe is in Dorsetshire? - Yes.

Do you recollect seeing the prisoner at your house any time on the 6th of November? - Yes, sir, he was there.

Do you keep any open shop? - No, he called in, being acquainted.

What time of the day was it he called at your house? - Between ten and twelve,

or near about twelve, to the best of my remembrance, in the afternoon.

Had he any thing with him remarkable? - No, nobody was with him, nor any thing he had with him.

How far is Red Hill from Bourne bottom? - I cannot justly say, because I never went the road much, but I suppose I have heard it was about four miles.

Was he flurried at all? - He came in as calm as he used to do when he called as he came by; I thought he was going to Poole on some business.

Was he on horseback or on foot? - I never saw any horse that he had, he was not on horseback when he came to my house.

Had he any thing in his hand? - No, I do not remember he had so much as a stick or whip, or any thing; I have lived in that place ever since I was born; I keep house there.

Do you know any thing of a witness of the name of Breedon? - I saw him at a public-house in the neighbourhood.

What character did he bear? - He bore but a very indifferent character about the neighbourhood.

Would you believe him on his oath? - I do not know that I would.

Do you know that you would not? - I should chuse not to do it.

Mr. Silvester. Whereabout is Park-stone? - About a mile and a quarter from Poole.

It is near East Bourne-bottom? - It is a little nearer than Poole.

You know Red Hill? - Yes.

Which is nearest to Bourne-bottom? - My house is.

How far is it from your house to Bourne-bottom? - Upon my word I cannot say.

Is it one mile or two? - It is four or five miles.

Is your house further from Bourne-bottom than Red Hill is? - I cannot say whether there may be much difference, I never went the road, and I cannot justly tell.

Are you a married woman or single? - A single woman.

Do you keep a public-house or a private, one? - Nothing but a private house.

Mr. Vincent used often to call upon you? - Yes, sir, we have been acquainted a great many years, ten or a dozen years; he used to call and tell me things about the family, I have known the family a long while.

How came you to recollect his calling on you the 6th of November? - I will tell you very remarkably, because we heard there was such a great rupture on the shore there, and we knew it to be the day after the 5th of November, and so we knew it to be the 6th, not only that, but we knew that we heard the found of such a rupture being on the shore.

That is true, you may remember the riot at the shore, but how did that make you remember that Mr. Vincent, who was in the habit of calling upon you, called on you that day? - I do not know how it was, but I remember it perfectly well.

Are you sure it was the 6th? - I should not have recollected it being the 6th, or any thing, but I know it was one day after the 5th of November; we do not have a great many call on us, and by that means I remember.

Did you put it down? - No.

What day in the week was it? - I cannot positively say the day of the week.

When had he called on you before? - A week or two before.

Can you recollect the day? - No.

Nor the day of the month? - No, nor I should not have recollected this, if it had not been for the 5th of November.

Can you recollect when he called after? - He called several times; I do not recollect the times; he called two or three times, I cannot say the day.

Can you recollect any day of the month that he called, either before or since? - I do not know that I can.

Have you seen him since the first of December at all? - Yes.

How often? - I do not know.

Have you seen him since January last? - Yes, a good many times.

Do you mean to say, that he called upon you frequently? - Yes, when he went to Poole, he used to call.

Can you fix any day in January, February, or March, that he called upon you? - I should, not have remembered that day, but because it was such a remarkable day; the day after the 5th of November; and then hearing the disturbances, I knew him to have called there that day.

What is the latest day that you have seen him, or the latest month, I will not fix you to a day? - I saw him about seven weeks ago, I believe.

Have you been in the habit of seeing him, from November, frequently, down to six or seven weeks ago? - Yes, I have, when he used to go to Poole, he used to call.

You mean to say, that he was frequently seen during the month of January and February and March? - I might not see him for a month.

Will you swear, you saw him any one day of these three months? - I do not know that I can.

In the fourth month, we will take it from December? - I cannot justly say.

Court. What is the name of the place where you live? - Parkstone.

You do not know how far it is from Parkstone to Bourne-bottom? - I cannot justly say.

I understood you at first, to say, that Parkstone was nearer to Bourne-bottom than Red-hill is, do you mean that or not? - I do not know that there is any odds in it; some say, that it is so far from the place, others might say not.

You were well acquainted with this man? - Yes, sir.

Down to what time did your acquaintance with him continue? - Why, I suppose, I knew him four or five years ago, and continued to know him till the man was taken and carried away; I cannot remember how long that was exactly.

About how long? - I think it is near about a month or five weeks, or thereabouts.

Within these two months, however? - Yes.

Did you see him frequently, during all that time? - Yes, sir, I saw him once now and then.

Was there any length of time in which you did not see him at all? - No, no length of time, any further than usual, sometimes may be a month, sometimes a fortnight.

Was there more than a month at any time without your seeing him? - Yes, sir, more than that sometimes.

When was that? - I do imagine that I have not seen him for more than a month sometimes.

Now for instance, between Christmas and Lady-day, did you see him frequently? - Yes.

Did you ever hear of any proclamation for him to surrender? - No, sir.

For him and other people to surrender, that were supposed to be concerned in this business? - No, sir, I live quite retired; I never heard of any such thing.

MARY SPURRIER sworn.

Mr. Knowlys. Where do you live? - I live at Parkstone; I am married; my husband keeps a shop and bake-house; we sell bacon, and cheese, and divers things; I have known the prisoner about two years.

Do you recollect the day of the disturbance between the smugglers and the excise officers? - Yes, I recollect seeing the prisoner that day, between eleven and twelve, at my own house.

How long did he stay with you? - The biggest part of an hour.

Do you know whether he was on horseback or on foot? - On foot.

Did he seem in a hurry at that time? - No.

Are you sure it was the day of the disturbance? - Yes.

Did you observe any thing with him? - No, sir.

Had he any thing in his hand? - No, neither whip nor stick.

What character has he bore? - A very good one.

Do you know Breedon? - No, sir, I saw him only once.

Mr. Fielding. How long have you been in this town? - I came in last Wednesday.

Who brought you up to town? - I came in the post coach.

Who sent for you up to town? - Mr. Middleton.

Mr. Middleton. I subpoena'd her.

Have you seen the prisoner since you have been in town? - Yes.

How long was it since you saw him before? - I saw him last Friday, but I cannot tell how long ago since I saw him before.

Have you seen him within a month? - I cannot recollect.

Have you seen any thing of him since Christmas? - I do not know upon my word.

Have you had any letter from him, or correspondence with him? - No, I cannot justly say when I saw him.

Have you talked with any body about him? - No, I cannot justly tell the time I saw him.

How far is the place from where you live to Bourne-bottom? - About four miles; on that day I saw him at my house.

How was you employed? - I was nursing my child, when he came in, by the fire.

What room were you in? - In a private room.

What not in your shop? - Not in my shop.

What makes you speak now to the hours of eleven and twelve? - Because he was there at that time.

Court. Was that the time he came, or the time he went away? - That was the time he came into my house; he staid near an hour.

Parkstone is about four miles from Bourne-bottom? - It is between six and seven miles from Parkstone to Red-hill; the prisoner appeared to be on foot; he had no horse, nor whip, nor boots, no appearance of having been riding.

Court to Harvey. I think you say, that the prisoner was at his own house, at Red-hill, that day, between ten and eleven? - Yes.

He was not above ten minutes there, I think you say? - No.

Tell me, as near as you can, about what time it was when he went away? - I think it must be more than half after ten, nearer eleven than ten: I have no particular reason for thinking so; I did not see him again that day; I know Parkstone.

How far is it from Red-hill? - It is more than six miles; between six and seven miles.

I think you told me before, that he went away on foot? - Yes, I saw no horse, nor whip, nor stick.

LYDIA MOORE sworn.

I live at Parkstone; I keep a public-house I have known the unfortunate man at the bar four years; I very well remember his being at my house, on the 6th of November; he came there about one o'clock.

Had he any thing about him? - No.

Did he stay there any time? - About an hour; he left my house about two; he came there about one.

Did he seem in a hurry, or was he composed? - No, he did not seem the least in a hurry; he had something to drink; two pints of beer.

Did you observe whether he had any thing in his hand? - No, sir, he had not.

Neither whip nor stick? - No.

Did he come on horseback or foot? - He came on foot; I never saw any horse.

What character did he bear? - A very good character.

Do you know Mr. Breedon, that is called here as a witness? - Yes.

What sort of a character does he bear in the neighbourhood? - I do not know.

Mr. Garrow. The prisoner, Vincent, carries on some business, does not he? - Yes, he is a farmer.

A farmer on his own account? - Yes.

What company had he with him? - There were two gentlemen; Mr. Austin, I do not know that he is come up from the country; the name of the other, was Brice.

Do you know a person of the name of Dominick? - No, sir, I do not.

How far do you live from Mr. Spurrier's? - Not far.

When he came there, had you heard of any disturbance at Bourne-bottom? - Yes, I had.

That there had been a beating between the smugglers and the excise officers? - Yes.

Had you any talk with him about it? - No, sir, they were talking about shooting.

Mr. Vincent used to come often to your house? - Yes, I have seen him there very often.

Once a week? - Not generally.

You take in a newspaper? - No, sir.

Have you seen him since December last, since Christmas, from Christmas to Lady-day? - No, sir, I do not remember it.

From Lady-day to Midsummer? - No, sir, I do not remember it.

Before that, he used to come to your house? - I do not recollect how it happened that he did not come.

Did not you know that he was advertized? - No, sir, we never take in the papers.

Was not it a talk about the country, that this man was called on to surrender himself? - No, sir, we live at a country place, about a mile and a half from the market-town.

Did it never happen to you, to hear that Vincent and Dominick were advertized for to surrender? - No, sir.

Did you know Butler, otherwise Bishop, that was executed here? - I do not recollect.

Do you mean to say, that you did not at that time know any such person as Bishop? - I did not.

Did you not, about the month of November, know such a man as Bishop, who was charged with that affray at Bourne-bottom? - I do remember him; he has been at our house.

Was he there on the 6th of November; will you venture to swear he was not? - I do not know, but he may.

Upon your oath, was not Bishop in company with Vincent? - That I can be sure of.

Did you ever see Vincent after the 6th of November, till he was taken into custody? - No, sir, I do not know that I did.

Court. Pray when did you first hear of the disturbance at Bourne-bottom? - I heard of It the same day.

What time in the day? - In the morning.

How soon in the morning? - May be ten o'clock.

Recollect yourself, about what time did you hear of it? - Nearly ten o'clock.

Have you a certain recollection, as to that time; that it was about ten o'clock? - I heard of it by a great many people; I do not know every body that came into my house.

The prisoner, you think, came into your house about one o'clock? - Yes.

Then it was some hours after you heard of the disturbance that the prisoner came into your house? - I do not know indeed.

You know that one o'clock is three hours later than ten; count upon your fingers now, and see how many hours it is from ten to one? - Yes.

Now do I understand you rightly, that you had, in point of fact, heard of this disturbance at ten o'clock? - I am not sure, whether it was the same day he came, that I heard of it; I did not apprehend what you said.

Recollect yourself, upon your oath, was it the same day or was it not? - Sir, I cannot say, whether it was the same day I

heard of it; I can very well tell the day the prisoner came to our house, because I dressed a supper for some company on the 5th of November, and the next day he was here, but I am not sure it was that day I heard of the disturbance.

You live four miles from Bourne-bottom? - I do not know the distance.

But whatever day it was that you heard of the disturbance, you heard of it by ten o'clock in the morning? - I know I heard it in the morning, but I am not sure it was that day.

Well, what did the people say? - They said there had been a disturbance on the shore.

When? - I cannot say when.

Upon your oath now do not you know whether you heard of that disturbance the day it happened or the day after? - I cannot say; it was not on that day, I am sure not on the 6th of November.

Then you heard there had been a great disturbance the day before? - No, sir, I did not; I cannot say the time when it was, but I heard there was a disturbance on the shore, but I am sure I did not hear it the same day.

Court to Mary Spurrier . Tell me now, as near as you can, what time the prisoner came to your house? - Between eleven and twelve, near twelve.

How do you know what day it was he came to your house? - Upon account of hearing of the disturbance on shore, I am very sure it was the same day the disturbance happened.

How do you know it? - Sir, it was the 6th of November, I am very sure it was on the same day with the disturbance.

How do you know the day of the disturbance? - The 5th of November was the day before, a very remarkable day, I heard of the disturbance the same evening?

Was it before or after the prisoner was at your house that you heard of the disturbance? - After he was at our house, I am very sure I heard of it that evening.

Was it publickly talked of in the village that evening? - Yes, it was, I heard of it in my own house.

How far do you live from Lydia Moore 's? - About forty yards, she keeps a public-house, and I keep a private house.

ROBERT BLANCHARD sworn.

For the Prosecution.

I am an officer to the Sheriff of the county of Southamton, I made proclamation on the 12th of December and the 17th, for the prisoner Vincent and others to surrender.

The jury after deliberating sometime desired to withdraw, and returned with a verdict,

GUILTY, Death .

Jury. My lord, if his humanity can recommend him to mercy, we think very favourably of him.

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880910-127

588. JOSEPH LEE was indicted for stealing, on the 19th of August last, one pair of silver buckles, value 10 s. the property of Samuel Greatrex .

EDWARD CABLE sworn.

I am a tapster to the prosecutor; I know the prisoner, he is a drover ; I saw him on the 14th of August last at the Globe at Mile End at half past ten at night sitting in the tap-room; I was standing at the door, and when I was shutting in my windows, I saw the prisoner with a stick each the buckles one at a time from a shelf in the bar, he took them to the tap-room, looked at them, and put them into his pocket, and out he came; I finished my windows and went in and told my master, the prisoner went down the yard to look after his cattle, which were down the yard, some sheep; my master called him up and asked him for his buckles, and he said he

knew nothing of them; I told him I would take any oath I saw him take them; then my master sent for the watch and gave charge of him, he then owned he took them.

Mr. Garrow, prisoner's counsel. How long has the prisoner used your master's house? - A good while, three times a week, whole days, always two.

He was very intimate in the family, and went where he pleased? - Yes.

Your master and he used very often to play the rogue as they call it in the country? - Yes.

Did not your master take a bottle of cyder of his by way of joke? - Yes, it was a pot of cyder.

Have you any doubt about it but he took these buckles in a sort of joke? Did not they use to be in the habit of playing the rogue with one another? - They did.

How many indictments have you been a witness for before the grand jury this week? - I do not know.

Your master has a good deal of these sort of things on his hands, has not he? - Yes, a great deal.

How many indictments has he had thrown out this week? - I do not know how many.

Prosecutor. My lord, when we first took him he swore he had not them; he blasted his eyes and limbs, and told this boy he would do for him.

Mr. Garrow. That was a part of the joke.

EDMUND MOY sworn.

I was watchman, I took charge of the prisoner; he begged for mercy, and of Mr. Greatrex to forgive him, which he refused, and the prisoner took us to the sheep pens and there the buckles were hid; I have had them ever since.

(Deposed to.)

PRISONER's DEFENCE.

I was there all day doing my business as usual, and the prosecutor and me tossed up for some cyder and some brandy to put into it, and we were playing at shove-halfpenny, and the prosecutor hid the cyder, and then I hid his buckles in a joke; I was very much in liquor; I have been entrusted with thousands and thousands, and there are gentlemen in court that can prove it.

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

Court to Jury. I do not know gentlemen whether you are satisfied.

Jury. Perfectly so.

NOT GUILTY .

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

Reference Number: t17880910-128

589. SAMUEL SEALE , otherwise SEALY , was indicted for stealing, on the 10th day of January last, a weather sheep, price 40 s. the property of Samuel Greatrex .

A second count. For stealing, on the 14th of February last, another weather sheep, price 30 s.

A third count. For stealing, on the 28th of February last, another weather sheep, price 35 s. his property.

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

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

Reference Number: t17880910-129

590. SAMUEL DRING was indicted, for, that he, at the general quarter sessions of the peace, holden for the county of Middlesex on the 7th of October, in the 24th year of his present Majesty's reign, was tried and convicted of being a common utterer of false and counterfeit money, and that he, on the 3d of September last, one piece of false and counterfeit

money and coin, as and for a piece of good, lawful and current money of this realm, called a sixpence, did utter to Hannah the wife of Richard Cotterell , he well knowing the same to be false and counterfeit .

Before the indictment was opened, Mr. Agur, the prisoner's counsel, took an objection on the face of it, that it was necessary to prove the prisoner to have been before a common utterer, to constitute which he argued that there must be two offences, and the indictment only stated him to have been once convicted:

The court directed the trial to proceed, and informed Mr. Agur, that as the objection arose on the record, he might save it.

The case opened by Mr. Silvester.

(The witnesses examined separate.)

The copy of the record of the prisoner's former conviction was (after several objections taken by Mr. Agur) proved by Mr. Samuel Vines , and read and examined with the indictment.

THOMAS ROBERTS sworn.

I was present when this prisoner was tried at the sessions-house on Clerkenwell-green, in the month of September, 1784; he was at Clerkenwell prison before that; he was tried for uttering, and confined one year.

Prisoner. Was not I tried for something else? - Yes, he was tried for an assault, and fined 40 s.

Mr. Agur. Was that the whole of the sentence? - And to find securities for two years.

JOHN BEAMISH sworn.

Mr. Silvester. You are a constable? - I belong to the Rotation-office in Litchfield-street.

Do you know the prisoner? - I have known the prisoner between six and seven years; on Wednesday the 3d of September I saw him in the Wheatsheaf public-house in Smithfield; I had been in Bartholomew-fair; coming along, I saw some suspicious people at the door, and just in the passage I saw the prisoner; he had just put a glass out of his hand; the woman says to him, this is a bad sixpence; her name is Mrs. Cotterell, the landlady of the house; the prisoner took the sixpence from the landlady, and turned round as it were to look at it; and immediately as he turned round I took it out of his hand; I am sure it is the same sixpence; I have had it ever since; I got him into the parlour, we scuffled for about twenty minutes; I threw him down across some chairs, and two sixpences sell from his hand, which I picked up and put into my mouth; he wanted to get away; I caught hold of him, as well as I could, in my other hand, and in the struggle something fell down; I thought there was money in his mouth; I called to the people to pick up what money fell; a man picked up a shilling and two sixpences, which he gave to me; I kept them; (produced) after that, two of the city officers came to my assistance, and we took him to the Compter; he was searched in the Compter; there were ten shillings, and some halfpence found on him.

Mr. Agur. Mr. Beamish, my learned friend has called you a constable, that was his soft expression, but you are a thief-taker? - Yes.

You happened to be in luck that morning? - I do not know much about that, not much luck there.

Upon your oath, do not you know there is a reward? - Upon my oath, I know it is no such thing, and so does the Court know it.

There is a reward of forty pounds, and if the sheriff does not give it immediately on application, it is increased to eighty pounds: why you are not in general ignorant of these cases, in which you have a prize? - There is none there, to my knowledge, but if there is any, I shall be very happy to have it.

How long have you been a thief-taker? - Nine years.

How came you to say, that as soon as you saw this man, you suspected something? - I will explain it if you wish it, because, a few years back I knew he was apprehended.

You knew he had been convicted? - Yes.

And having been once convicted, you knew he was a good prize? - I did not know it, nor neither do I know it now; I shall have no objection to know it now, if you please.

You did not see the prisoner give that sixpence to the landlady? - No.

The fact is, that in your presence this prisoner tendered no money to any body whatever? - No.

You never heard of such a thing, as a shilling and a sixpence, by a dexterous thief-taker, being dropped as if it came from a prisoner? - I never heard of any such thing; I have attended this court nine years, and I believe my character has never been impeached.

What did you understand by suspicious people? - By what I could learn, they were utterers of bad money; they made their escape.

Court. Was the other man you speak of near Mrs. Cotterell at the time she gave the sixpence to the prisoner? - No, he was not.

HANNAH COTTERELL sworn.

My husband keeps the Wheatsheaf; his name is Richard; I remember a man coming to me, on the 3d of September; he did not ask for any thing at first; Beamish came in after; there was a man standing at the bar; he lent me sixpence first of all.

Mr. Silvester. You know you are sworn to tell the whole truth? - Yes.

If you conceal any part of the truth, or do not tell the whole, you are as much perjured as if you misrepresented; your oath is to speak the truth, the whole truth.

Mr. Agur. And nothing but the truth? - I was giving change at the bar to two different people; not to this prisoner; and I wanted to borrow sixpence; the good man, the prisoner, said, I can lend you one, Mrs. Cotterell.

Look at the prisoner? - To the best of my knowledge that was the man; he gave me a sixpence; it was a very bad one; and I returned it; he had not had any liquor at that time; about ten minutes, or a quarter of an hour after, he had a penny glass of gin; then the constable took him.

Now upon your oath, because it may be serious by and by; did he offer you any thing to pay for the liquor? - He gave me a penny for the gin.

Now, madam, he did not tender you any other money? - No, sir, not afterwards.

Did he at any time? - He gave me a sixpence first of all into my hand, that was to lend me; the officer has it; he laid hold of him in about a minute.

Did you say a word about lending before the alderman? - No, he only asked me whether it was the same sixpence; I never saw the prisoner before, nor he never tendered me any bad money; he lent me the sixpence; to the best of my knowledge that is the same sixpence; he had no glass in his hand, when I returned him the sixpence; not before the scuffle in the parlour; he had only one glass of me, and that was after the scuffle.

SAMUEL ROBERTS sworn.

I am a city constable; I took charge of the prisoner; I searched him at the Compter, and in his coat pocket I found these ten shillings in his inside pocket, with two pennyworth of halfpence; Bacherah and Beamish were in the Compter at the same time, when I searched him.

Mr. Agur. Are you a thief-taker too? - No, I am one of the wardens of St. Sepulchre's; I do take one if I see him.

Beamish had hold of the prisoner? - Yes.

So that he might have slipped this money into his coat pocket? - I do not think he could, I saw no such thing; this was an inside pocket.

Court. Were they in a paper or loose? - Loose in his pocket, with two pennyworth of halfpence.

Mr. Silvester to Beamish. Did you see this money before it was taken on the prisoner? - No.

Did you slip it into his pocket? - No, I never carry such a quantity of money with me.

REUBEN FLETCHER sworn.

I am one of the moniers of the mint; this is a piece of base metal, (looks at the rest) they are all the same.

Mr. Agur objected, that there was no evidence to put the prisoner on his defence, as the crime charged against him in the indictment, was uttering in payment, and this money, at most, appeared only to be lent, which objection was overruled.

For the Prisoner.

MARY PRICE sworn.

I live at No. 54, Saffron-hill.

Were you present at this transaction at the Wheatsheaf? - I was.

State to the Court and jury what you observed most? - I asked the prisoner to come in to drink; I met him at the fair; I had money in my hand, and halfpence to pay; and the woman wanted sixpence; and the prisoner lent it her; he had no liquor till he was going out; there was a great tussle between the prisoner and Beamish; I saw Beamish handing him out with one hand, and I saw the other hand in his pocket; this was in the house in the passage; it was the time of the scuffle.

Do you take upon you, positively to say, you saw Beamish's hand in the prisoner's pocket during the scuffle? - Yes, I do, and the window was broken during the same.

Mr. Silvester. Take off your bonnet and let us see you; what are you? - I am in lodgings at present; I am a married woman; my husband is in the country; he has been footman to Lord John Russel between four and five years, and been with him to France.

What business do you carry on? - I do any thing; wash, or iron, or few, or any thing I can do for a living; I left my plane a very little while since; I was cook to the Reverend Mr. Sellon, Clerkenwell; Lord John and my husband are at the waters near Margate, towards Margate, somewhere that way,

Has not he written to his tender wife? - Yes, he has.

You wrote to him in answer? - Yes.

Can you write and read? - Yes, but not very well; Miss Lydia Sellon wrote for me.

Where did you direct your letter? - It was directed to my Lord's.

But whereabouts? - At some wells, just by Margate, to Richard Price , at Lord John Russell 's.

How long have you known Mr. Dring? - Two or three years back.

Did you know him in 1784? - No, I had no more acquaintance with him than another neighbour; I know his wife and daughter; he has two daughters and a son.

Where are the daughters, upon your oath? - Somewhere about this place; I dare say, in the yard.

Are they within the walls? - They are within the walls here.

Mr. Agur. Do you mean to say, that they are in gaol? - No, they are here, by the door.

Mr. Silvester. Take care what you say; do you mean to say, that you know the daughters, and that they are neither of them under confinement? - No, they are not; they are both at the door; I never saw Beamish before that time; I have seen him since at this place; I had no conversation with him; I attended before the alderman when Mr. Dring was examined; and the Jew tried to push me out, and he could not; and Beamish helped him, and did push me out, because I should not tell the truth.

Now you mean to swear, that you never had any conversation with Beamish? - No, never in my life.

Then it is not true, that you offered him two guineas to get the bill thrown out? - No, I never did in my life, no never in my life.

What is the name of your landlord? - I am sure I cannot tell; it is next to the barber's; it is a room with my own furniture; I have known the prisoner three or four years; I never heard any other but a good character; an industrious honest man; and great business in his shop.

Jury. Had the prisoner any good money in his pocket at the time the bad money was taken from him? - None but two pennyworth of halfpence with that bad silver, and three halfpence farthing in another pocket.

Prisoner. I had seven shillings in my watch-pocket.

Court to Roberts. Had he any other silver about him than that which you found? - None.

Mr. Agur. Did you feel in his watch pocket? - I felt on the outside; I did not put my hand in.

There might be silver then in his watch-pocket? - I felt none.

NOT GUILTY .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17880910-130

592. WINIFRED REYNOLDS was indicted for burglariously and feloniously breaking and entering the dwelling-house of Catharine Casey , widow , about the hour of one in the night, on the 7th day of September , and burglariously stealing therein, a piece of silver foreign coin, called a French half crown, value 2 s. 6 d. and eight shillings, and three halfpence, her property .

The prosecutor having been herself, in 1783, tried for a felony, and convicted, the jury were not disposed to credit her testimony, and the prisoner was ACQUITTED .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880910-131

593. JOHN MYERS was indicted for feloniously assaulting Jane Middleton on the king's highway, on the 8th day of September last, and putting her in fear; and taking from her a cotton shawl, value 3 s. her property.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17880910-132

594. ISAAC MILLARD ; was indicted for feloniously assaulting Mary Brown on the king's highway, on the 10th day of August last, and putting her in fear, and taking from her a muslin cap, value 1 s. a silk ribbon, value 1 d. a silk hat, value 1 s. a leather shoe, value 2 d. a pair of buckles, value 2 d. an handkerchief, value 3 d. a pen-knife, value 1 d. a snuff box, value 1/2 d. and a printed book, value 3 d. her property.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17880910-133

595. ELIZABETH UNDERHILL and MARY ANSON were indicted for stealing on the 6th of September a silver watch, value 40 s. a pair of stone knee buckles, value 10 s. a pair of plated ditto, value 1 s. five guineas, and half a guinea, and 7 s. 6 d. in monies, the property of Benjamin Solomon .

BENJAMIN SOLOMON sworn.

Last Saturday night was sennight, coming home thro' Shoreditch, the corner of Webb Square, from Hoxton-square Coffee-house, I met the prisoner Anson, and she took me to a house in Paul's Alley; it was dark and she desired me to give her a penny for a candle, which I did, and she brought a candle; then she asked me to give her something to drink, I put my hand in my pocket and gave her a shilling; then she asked me for something for supper, and I gave her another shilling; then it was time to go to bed, and she says to me, as you are so very generous and you look like a gentleman, I dare say we need not make any agreement, you will give me a compliment when we rise. She wanted me to go to bed first, I undressed myself, and going to put my breeches under my pillow, she snarched them from my hand and ran out of doors with them; I immediately arose from the bed, I thought I would put on the remainder of my cloaths; but before I could get my waistcoat on, entered the other prisoner, and demanded to know what I wanted there.

Was that the first time you saw the prisoner Underhill? - Yes, but before I could give her an answer, she shewed me a place in an entry with a well in it, and she says, here you rascal, if you say a word about your property you shall be smothered alive in this place, and nobody shall ever know what became of you; a place, I suppose, where there was six or seven load of soil, not above a week before emptied from the necessaries; I then thought it the best policy to give her the best words that I possibly could to get away with my life; she then said to me, you have behaved very generously, and I suppose you can live like a gentleman; the property you have lost is no object to you, if you will never mention it any more, I will go and fetch you your breeches back again; she went out of doors and brought me my breeches; after I had made the greatest dispatch I could out of the house, I acquainted the patrol with what had happened; he took me to the watch-house, and he and some more went with me to the house; when they came there they told them they were patrols, but they would give them no entrance; at last they forced the door open, and this woman that put me in fear, Elizabeth Underhill , was found in bed, and the other prisoner, Anson, was found concealed under ground in the very hole they threatened to put me into. The place was searched, and one of my buckles was found between the sacking and the bed, where Underhill was found, and the other knee buckle the prisoner Anson delivered when in the watch-house; that was the bed I was going to lay in. I was very much terrified. There were two pair of knee buckles, one that I had in my knees, a pair of set ones, and the other pair was in my pocket; the pair that was found were in my pocket; the other things were never found; it was the plated pair that was found, the stone pair was never found. The prisoners were searched, but no money was found.

I think you say the first you saw of Underhill, was after the other prisoner ran out of the room? - Yes, I did not see Underhill till Anson was gone off, I did not see her in the house; I do not know where she was while I was in the room with the other.

JAMES SADLER sworn.

I am the patrol; I went to this house and broke the door open, I knocked at Mrs. Underhill's door twice or three times, I found Mrs. Underhill in her apartment, and the other concealed in the hole in the cellar; this is one of the buckles that the prisoner Anson gave me at the watch-house, and this one I had delivered to me at the watch-house, (the buckles deposed to,) when she delivered me the buckles, she told me she found it on the floor, in the same room where this other woman was.

Did Underhill say any thing for herself? - She did not; she told me she had walked about, to give Mr. Solomon an opportunity of being there; that she was out in the alley two hours.

PRISONER ANSON's DEFENCE.

This gentleman when I first saw him, asked me to have something to drink, I said no; he asked me to go home with me. When I came home he sent for some shrub, and then he said he would sleep with me all night; I told him I would have a bit of salmon; he gave me sixpence, and I took a plate off the shelf, and it was so late I could not get it; then he asked me if I would be so kind to make shift with bread and cheese, he sent for two twopenny loaves and a quarter of a pound of cheese, and a pot of porter; he asked Mrs. Underhill to sit down with us, she wished us a good night; he said he would not give me any thing till I was in bed; he got into bed; he said he had nothing to give me then, but he would take me to Hoxton Coffee house; I got out of bed, and would not sleep with him.

Court to Prosecutor. What was there in your breeches pocket when you went into the house?

I had five guineas and a half, and 9 s. 6 d. I cannot be punctual to a shilling, a silver watch, and knee buckles; none of them were found.

ELIZ. UNDERHILL, NOT GUILTY .

MARY ANSON , GUILTY .

Transported for seven years .

Court to Mr. Solemon. What are you? - I am a dealer in the linen drapery way.

Court. It seems to me a pity that this other woman, Underhill, should escape unpunished; I shall therefore direct her to be detained till the next sessions, to give you an opportunity of indicting her as accessary after the fact.

Reference Number: t17880910-134

596. ESTHER MORRIS , otherwise ESTHER Wife of THOMAS URIN , was indicted for stealing on the 23d day of July last, one worsted purse, value 1 d. and 4 guineas and 15 shillings, the property of Samuel Sly ; privily from his person .

NOT GUILTY .

Tried by the London Jury before Mr. Baron HOTHAM .

Reference Number: t17880910-135

597. WILLIAM MAY was indicted for stealing, on the 18th of August last, nine weather sheep, value 13 l. 10 s. the property of Edward Skinner .

The case opened by Mr. Garrow.

EDWARD SKINNER sworn.

I am a grazier and salesman in Smithfield-market; I sold sheep to George Phillips , on the 18th of August, nine weather sheep; I knew the marks; they had when I saw them an S. brand on the near hip inclosed in a circle; they were ruddled along the back and across the loins, that is a mark made with red oker; I sold them about nine in the morning, as near as I can guess, to Mr. George Phillips .

Who was his driver? - Howard, I believe.

Who does Phillips buy for? - He buys for Mr. Young.

Did Howard put any mark upon them? - Yes, he marked them in the face with either a V. or U. with oker; they were fastened in the pens; it is the custom of the market for them to stand till the drover either comes or sends his man for them; this was very near nine in the morning; about eleven, the drover came for them, I went to the pen where they had been left and they were gone.

Did you ever see them again? - No; then I found out Bagot.

He gave you some information about them? - Yes, I know nothing but what Bagot told me.

Did you know the prisoner before? - Yes, I have seen him in Smithfield several times; I believe he used to pen a few sheep, but I do not know his employment;

I saw him this day, the 18th of August, that was before I had sold the sheep, I am sure of that.

Mr. Silvester, prisoner's counsel. There were more sheep than those nine in the market that day I suppose? - Yes, a great many pens drove away by different drovers.

You are a salesman? - Yes.

And when you have sold them, that is all you have to do? - Yes.

When did you first miss these sheep? - Much about eleven.

Did you speak to this man? - No, not that day.

When did you first speak to him about it? - A fortnight after, I never heard till a fortnight after.

The prisoner is a drover, is not he? - Yes, I believe he is.

Why, you know he is? - He may be a drover, I cannot tell, but I know he pens a few things; we do not call the pen-men drovers.

When did you see the prisoner after you had lost your sheep? - I saw him that day fortnight after.

In the market? - Yes.

Doing his business? - I did not see he was doing any business, he stood there towards the calf-pens.

That was his place? - Yes, he might be there if he liked. I said nothing to him then; I followed him and told him Mr. Dallinger wanted to speak to him, and he said he would come and speak to him after dinner.

Did he come? - No; we took two constables and took him; he went to dinner, I watched him in, I met him coming out of the door with a bit of plumb pudding in his hand; we brought him to Mr. Dallinger's.

Do not you know of a little dispute between him and your friend Bagot? - I do not know of any.

Did you never hear Bagot say there was a little bit of a law suit? - No, sir, he did not tell him in my presence; I never heard him, however.

These sheep were marked S.? - Yes.

Why, that is a common mark, I used to mark my sheep with an S.? - Very likely.

Mr. Garrow. My friend has no sheep now, he breeds nothing but calves.

Mr. Silvester. Have not you charged somebody else with these sheep? - No, sir.

Has not some man brought an action against you? - No.

In whose name was the letter wrote? - He said I had slandered him; I imagine I have read the letter, I do not know the contents, I do not know that there was any thing of an action mentioned; I do not know the lawyer's name.

- PHILLIPS sworn.

On the 18th of August last, I bought nine weather sheep of Mr. Skinner; I ordered the man to mark them; I did not see them marked; the man is here; I ordered Howard to put a Y. on the forehead and across the loins.

The sheep did not come home to you? - No, I bought them for Mr. Young, that was the meaning of that mark; I had seen the prisoner about the market, but did not know his name.

Mr. Silvester. When you buy for Mr. Thompson you put a T.? - No, sir, all sorts of marks, it is not common to put the letter of the name.

What are you? - A butcher.

THOMAS HOWARD sworn.

I am drover to Mr. Young; I remember, on the 18th of August last, Mr. Phillips purchasing nine weather sheep for Mr. Young, of Mr. Skinner; I marked them, I did not observe what marks they had before I marked them, I marked them with a Y. over the face and a ruddle across over the lions; I left them in the pen by themselves where I marked them; I went about half after ten or near upon eleven for them, I did not find them; I applied to Mr. Skinner for them, and could not get them; I never saw them afterwards; I have seen the prisoner in Smithfield, I cannot say I saw him that day.

THOMAS BAGOT sworn.

I am a drover.

Was you in Smithfield-market on the first day of August? - Yes.

Have you and the prisoner had any quarrel of any sort? - No, sir, I never changed a word with him in my life.

Have you ever had any words or any action brought against you, or any thing? - No, sir, I would nat say so if it was not true.

Did you see the prisoner there on the 18th of August? - Yes, I saw him about the value of seven or eight minutes, it might be ten, walking about Mr. Skinner's pens, where these sheep of Mr. Skinner's then stood, and after that ten minutes I saw the prisoner cut the hurdle down, tied with a piece of rope-yard, and he let down the hurdle and went in and drove out nine sheep, they were weather sheep according to my looking at the sheep.

Did you observe any marks upon them? - Yes, as they were coming out of the pen the faces of them were right fronting me, they were marked with a Y. in the face, they were marked down the back with oker, the Y. was made with oker, they were marked across the loins with oker, they were marked down the back and across the loins; there was another mark in them, they were marked with an S. brand on the near side on the hip in a circle; the prisoner drove those sheep up Giltspur-street, that comes down to the Old-bailey, he went on a little way and I followed him.

Did you know him before? - Yes, I knew him in the market a good while; I followed him till I came to the sugar-baker's in Giltspur-street, there I stood with my back, and I saw the sheep turn where they are building the Compter, I saw the prisoner go up there and turn the sheep back, and the sheep when they were coming down made to come back into the market, and the prisoner ran and turned them along Giltspur-street towards the Old-bailey, after they turned up this place, and then away he drove them, and I never saw any more of them; I might be about half an hour or twenty minutes observing the whole; he was about seven minutes loitering about the pens before he opened them, the pens stood in the path-way, the very corner of Giltspur-street, by the hospital, right against the toy-shop door; I have known the prisoner ever since I was about ten years old, and I am quite sure he was the man; I took such particular observation about all this, because I knew the man to have a bad character before; I came back and told Mr. Skinner's man immediately what I had seen; I did not tell him the man's name that drove them away; I told him if he had lost nine sheep to come to me and I would tell him the man; I understood Mr. Skinner was gone home, he lives in Leicestershire; he comes to town once a fortnight; he came in a fortnight, and then I described what I have said to the jury, and the prisoner was taken that very day; Mr. Skinner was not in town, that I know of, from that day the sheep were lost till that day fortnight; I never had any ill will to this man at all.

Mr. Silvester, Prisoner's Counsel. Was you intimate with him? - Yes, drinking with him.

You are a drover, and he is a drover? - Yes.

And you was well acquainted with him before this? - Yes, I have spoke with him; I knew the prisoner perfectly well; never had any words with him at all.

He never before accused you of any thing? - Never, nothing at all, no further than he came to me the Friday before Mr. Skinner came to town, as I was standing by my master's beasts, and says he, pray how came you to go and tell as how that I had taken nine sheep out of Mr. Skinner's pens; says I, fetch me the man that told you, and if he can say so to my face I will tell him he is a liar.

He threatened to bring an action against you, did not he? - No, sir, he never said any such thing.

Then he and you had a few words? - No, no more than that he wanted to get the marks of the sheep out of me, to know

if I know them, then he would have been off.

Court. Did the prisoner hold any conversation about the marks with you? - He came and told me, that I knew the marks of the sheep that were taken out of Mr. Skinner's pens; I would not tell him the marks, nor I would not tell any body till Mr. Skinner came to town again; I saw him again the next market day.

Perhaps you can tell us a little more where the sheep went?

Mr. Garrow. My friend wants to know whether you stole them? - No.

Mr. Silvester. You suspected those sheep to be stolen, it was in the public market day? - I do not know that there was any body about me at all; there was nobody but Mr. Skinner's men and me.

Why did not you call to somebody? - Because I did not know he had stole the sheep; I thought he might be going to take them away for some butcher.

Just now you told us, that suspecting the sheep to be stolen made you watch them? - He had been stopped before with sheep, and I made an apprehension that he had found these sheep, or taken them away in mistake; I had no business to stop the man; the property did not belong to me; I had great reason to take such particular notice of the marks; I have paid a good many pounds for lost sheep in Smithfield; I can take as much particular notice of the marks in two minutes, as them that brought them out of the country; there are different ruddle marks.

Did you either alarm any body or give any notice? - I had no right to tell any body but Mr. Skinner and his drover, any further than I told the people the man could do nothing with it till his master came up.

You did not go with these sheep any further than Giltspur-street? - No, I am sure I did not; I parted, and the prisoner went on with them.

Nobody else saw this but you? - Nobody else.

This man and you are brother drovers? - I cannot help that.

Drank liquor together often? - Yes.

Always been good friends? - Yes.

Never any quarrel; you know there is a bit of a reward? - No, gentlemen, I do not want any reward.

Do not you know it? - No.

How came you to say, you did not want it? - I did not know it; I never took any body up before.

Do you mean to say, that you did not know it? - I do, I mean to say, that I do not know there is now.

Mr. Garrow. I will ask you, had you any thing upon earth to do with the stealing these sheep, except the watching the man who did steal them? - No, nothing else; I immediately went back to the man and told him; if I had stopped this man, he would have said, he drove them out by mistake.

Mr. Garrow, to Mr. Skinner. Since I examined you before, have you said any thing to any body? - No, sir.

Then shew me the mark that was made in the forehead of the sheep with a pen? - (Makes a mark on a paper like a V) I can read, but not write; I might be twelve or thirteen yards off.

PRISONER's DEFENCE.

I have nothing to say, gentlemen, but one word to contradict Mr. Bagot; I have known him these twenty years; he knows it; there he is; on that day he says I never had any words with him, I threatened to serve him with a copy of a writ.

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

NOT GUILTY .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17880910-136

598. SHAFTOE VAUGHAN was indicted, for that he, on the 21st of November

last, feloniously and falsely did forge and counterfeit, and cause and procure to be falsely made, forged, and counterfeited, and willingly did aid and assist in the false making, forging, and counterfeiting a certain order for payment of money, bearing date the 21st of November, 1787, purporting to be an order of one Susannah Newton , directed to Robert Drummond , Henry Drummond the elder , George Drummond , Andrew Barclay Drummond , Henry Drummond the younger , and Charles Drummond , for the payment of 7 l. of lawful money of Great-Britain, with intent to defraud the said Messrs. Drummond ; which said order is as follows:

"21st of November, 1787.

"Pay the bearer seven pounds, for your humble servant,

S. Newton.

"Messrs. Drummond and Co. Charing-Cross."

A second Count, for uttering the same, with the like intention.

A third and fourth Counts, for uttering with intent to defraud the said Susannah Newton .

The Indictment was opened by Mr. Partingon.

And the Case by Mr. Fielding, as follows:

May it please your Lordship, and Gentlemen of the Jury, my learned friend, Mr. Partington, has put you in possession of the charge now exhibited against the prisoner at the bar; you perceive therefore, that the capital crime of forgery is now imputed to him; and to be sure, it would be mispending time to gentlemen of your appearance, if I were to dwell long on the importance of the paper credit of this kingdom, and consequently on the consequences of the real detection of forgery. The prosecutors are Messrs. Drummond; and from the relation they stand in to the public, they are especially called upon, whatever expence it may be to them, to prosecute this indictment. - Some time in 1787, a Mrs. Newton lodged at their bank the sum of 170 l.; this 170 l. was again paid by the Drummonds to orders that apparently came from her. - In the month of June last, Mrs. Newton having occasion to pay a small bill to her wine-merchant, she gave an order to Mr. Smith to carry to Messrs. Drummonds, expecting that that note would be honoured as the others had been. - When the person applied to Messrs. Drummond, that note was refused, the clerk telling the person then, that all the effects were expended; in consequence of this, Mrs. Newton having got early intelligence of the refusal of her bill, the next day she went to Messrs. Drummonds to know the reason; when there, the clerk, to her astonishment, informed her, that all her money was expended; and producing a heap of notes, to the amount, I think, of 13 or 14, shewed her that the money had been paid upon notes bearing her name; she was extremely alarmed, declaring at that time, that the signature was not of her writing, but that there was some forgery or gross imposition. Gentlemen, I have set out with this history of the transaction, because that will lead to the immediate discovery of the forgery; and why the suspicions are fixed on Mr. Vaughan, the prisoner now at the bar. It happened on the very day that Mrs. Newton went into Mr. Drummond's house, that she was seen to go into this house by a person whom I shall call to you of the name of Quarrington; Mr. Quarrington being there, was extremely desirous to say something to Mrs. Newton; what was said, it will not be fit for me to say, as I am regularly apprised of its not being fit evidence for a court of justice; they had much conversation, and at last, when Mrs. Newton was going again into the shop of Messrs. Drummonds, another person appeared, of the name of Johnson; they behaved in a manner reputable to themselves; they were very desirous that punishment should not fall on some other person; their behaviour also indicated a desire that guilt might not fall on themselves. The Messrs. Drummonds sent to Mr. Bond of Bow-street, who I believe very obligingly gave them his attendance; there it was

discovered from the evidence of Mr. Quarrington and Mr. Johnson, that this very note had in the term preceding the month of June, been delivered into the hands of Mr. Johnson by the prisoner; that as he was coming from Westminster Hall, he delivered to him this note, desiring him to get cash for it at the Drummonds, and to return with the cash to him at the Salopian coffee-house; this was the evidence of Mr. Johnson at the time, and Mr. Quarrington happened to be present at the place, when the prisoner and Mr. Johnson had removed from the coffee-house, and there, in the presence of the prisoner, Johnson informed Mr. Quarrington what he had done for Mr. Vaughan; this will corroborate Mr. Johnson extremely. Mr. Quarrington before the magistrate, informed him of all the circumstances, namely, that on the day when this woman went to the house of Messrs. Drummonds, that he himself sitting in a coffee-house, had accidentally, seen Vaughan go past in a hackney-coach, and from the hackney-coach he gave him a letter; which letter, as it will be produced to you, and as it will be for you to give it its application, I shall take the liberty of stating it:

"My dearest and only friend, every

"reliance is put in your exertions; but at

"the same time must recommend caution

"and guardedness, for you know who we

"have to deal with; restitution must be

"held out as a salve to the sore: I need

"not say more. Johnson will tell you

"where I am."

Mr. Quarrington being informed of these circumstances, and Mr. Johnson informing him that the prisoner was the man that delivered him the note, of course he became chargeable as the publisher of this forgery; Mrs. Newton looked on the note; she declared that was not her writing, therefore so far as the evidence went before the magisrate, it was compleat. - This is the short history of the transaction; now it will become me to state to you a little what you are to expect in the course of this prosecution; I must necessarily, in order to substantiate this charge, call before you Mrs. Newton herself; she now keeps a coffee-house on the Surrey side of Black-friars bridge; she did formerly keep a coffee-house called the Lincoln coffee-house; this woman and the prisoner had a long intimacy; it is but fair that I should say. that this woman's character does not stand perfectly free from the imputation of immorality; this man has lived with her and cohabited with her a considerable time: therefore, when you see a woman of that description before you, as she will not deserve that credit from a jury which is due to a witness of another description; therefore of course, you will look with considerable deliberation to her evidence; at the same time I premise this, there are circumstances which will equally call for a particular investigation, If in consequence of this cohabition, and the knowledge he had of her pecuniary affairs; if again, in consequence of the imbecility of her mind and the ascendancy he had over her, he has done this; then there is a degree of aggravation, in proportion to the degree of intimacy between them: therefore, gentlemen, as this will be the case of Mrs. Newton, I think it proper I should apprise you of the evidence you are to expect. Again, I must call before you Mr. Johnson himself; now it is but fair to apprise you here, that as Mr. Johnson is the man, and was the man who carried this note to the bankers; he of course would first stand chargeable as the publisher, suppose there had been an immediate detection there; therefore, this evidence again, you will view with the same caution; at the same time I am sure you will look at it with all that nicety of investigation which you can exercise to Mr. Johnson's conduct on the immediate discovery; his explanation to the magistrate of his being there, not at all wishing to evade justice, or to escape himself; then you see the materiality of that circumstance I stated to you before, the confirmation he will derive from Mr. Quarrington; and when the prisoner acknowledged most compleatly all that Johnson had done in the day, it will furnish that sort of clue which is always satisfactory; for speaking of distant transactions,

without assigning a reason for their accuracy, is always attended with dissatisfaction. One of the material circumstances is this; when they met in the evening, Johnson informing Mr. Quarrington he had that day received seven pounds for Vaughan, and had then given him the money; then you see that Mr. Johnson, the witness I must necessarily ca to you, will stand exactly in the predicament I have before described, and confirmed essentially by those circumstances of Mr. Quarrington, as to the manner in which he behaved before the justice; and that behaviour before he will repeat to day. Mr. Quarrington will tell you, this was the behaviour of Vaughan; what has been said by Vaughan to them, it is impossible I can be apprised of; I take it for granted, that when they stand here on the solemnity of their oaths, they should tell the whole truth. Mr. Quarrington will inform you, he received this letter from him; therefore those three will be the material witnesses on the occasion; the situation of those parties is such, that I can but expect when the woman stands before you, the most effective cross-examination must take place, from the ingenuity, and the properly exerted ingenuity of my learned friends; if this woman has at any time given him the authority to sign her name for that purpose, God forbid that I should urge this prosecution any further; Messrs. Drummonds will be satisfied, and I shall be satisfied, by that exercise of candour, which at all times becomes people of our profession: if that was under her authority, then of course there is an end of it; but at the same time I shall take the liberty to suggest to you, if you suspect he has made use of the opportunities he had, and that this woman did not give him that authority, then he is guilty. Gentlemen, the circumstances you will attend to are these; of her going to the house, certain it is, when this woman went to the house she expected a considerable sum of money there; certain it is, she took these notes at that time or forgeries, whatever may be the state of hers mind since, or who may have been about her; it was our duty to bring the prisoner before you; if it be a forgery, she has a right to the money. I am sure the public may expect, with great confidence, that verdict which the case deserves.

JOHNSON sworn.

Examined by Mr. Partington.

Do you know that draft? - This is the draft.

Mr. Garrow, Prisoner's Council. Call Mrs. Newton first, and that will make an end of it. - Court to Prisoner. Do you desire us to take any objection to the consistency of Mrs. Newton, or for her to be examined without objection? - Prisoner. To be examined without objection.

MRS. NEWTON sworn.

Examined by Mr. Fielding.

You keep a coffee-house, I understand, on the Surry side of Black-friars bridge? - Yes.

Did you at any time, lodge a sum of money at Messrs. Drummonds? - Yes, sir.

Do you remember in January last, to have given a note to Mr. Smith, or Mr. Smith's clerk? - Yes, a small draft on the Drummonds.

Did he return to you, and give you some reasons to believe it was necessary for you to apply to the Drummond's house yourself? - Yes, I believe I went to Mr. Drummond's the 20th.

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

Reference Number: t17880910-136

The next Part will contain the genuine Speech of Mr. Barrington, with the Answer of the Court.

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 10th of SEPTEMBER, 1788, and the following Days;

Being the SEVENTH 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 VII. PART IX.

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 Shaftoe Vaughan.

What was the purpose of your going there? - For some cash.

What happened at that house? - They shewed me some drafts that I had no knowledge of.

Among the drafts so shewn you, was that presented to you? - I believe it was.

Look at the signature there; (looks at it) is that your hand writing? - No.

You are sure of that? - Yes.

(The draft read.)

"21st of November, 1787.

"Pay the bearer seven pounds, for your

"humble servant,

S. Newton.

"Messrs. Drummonds and Co. Charing-Cross."

You had at the time when you lodged your money with Messrs. Drummond, I suppose, an accountable receipt from them? - Yes.

Did you sign your name in the book? - Yes.

How did you sign your name there? -

"S. Newton."

Do you know whose writing this is? - No.

After you had received these notes, there were thirteen or fourteen notes that were shewn you? - Yes.

None of them, you said, was your writing? - No.

At that time, did you see Mr. Quarrington, or Mr. Johnson? - Yes.

You went with Mr. Quarrington, where? - To a public house.

Afterwards you went again to Drummond's house? - Yes.

Where did you see Mr. Johnson? - At the door.

When was it that Drummond sent for Mr. Bond, the justice of peace? - While I was at Mr. Drummond's house, I was introduced to Mr. Bond.

Was Mr. Johnson and Mr. Quarrington there? - Yes.

Were they examined? - I do not know; I was in the room first.

Did they come into the room voluntarily? - No, sir, Mr. Bond ordered them in.

How many drafts do you recollect to have drawn on the Drummonds, during the time they had your money? - I cannot recollect.

Did you keep copies of the drafts? - I did, but I lost them at Hick's-hall.

Mr. Knowlys, Prisoner's Counsel. Mrs. Newton, you are well acquainted with the prisoner, and have been for a number of years? - Yes.

I believe, as to the coffee-house you keep, the wine licence was taken out in his name; there was that degree of intimacy between you? - Yes.

And he living in the same house? - Yes.

This money was put into the Drummonds' house, some time in July 1787? - Yes.

It was part of the produce of the sale of some goods of yours from the Lincoln coffee-house? - Yes.

I believe the defendant accompanied you, when you lodged this money? - Yes.

They were sold by Mr. Murrell, and he paid the produce of that money into the hands of Mr. Vaughan, by your desire, as your agent? - Yes.

Mr. Vaughan, I believe, has for these five years transacted all your business? - He has.

He has been very largely intrusted by you? - Yes, to several hundreds; I am a very bad scholar myself; and Mr. Vaughan did every thing at my request for me.

Has not he signed several papers for you? - Yes.

Have not you requested, that he, as your agent, might sign papers for you, as like your name as possible? - Yes, sir, S. Newton; I write so bad myself, I did not like to sign my own name.

How many drafts on your bankers may he have signed for you? - I cannot say exactly.

Court to Jury. To be sure, gentlemen, this makes an end of the capital charge.

NOT GUILTY .

599. The said SHAFTOE VAUGHAN was again indicted for another felony and forgery.

NOT GUILTY .

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

Reference Number: t17880910-137

600. JOHN GOMERY was indicted, for that he, on the 16th of August last, at the parish of Bidsted, in the County of Kent , with force and arms, on one William Message , then acting in the aid and assistance of Thomas Hayward , in the service of the Excise, then being on shore in the execution of his duty, in seizing and securing for our Lord the King, a large quantity of foreign

spirituous liquors and tobacco; to wit, two gallons of brandy, and 40 lb. weight of tobacco, which were then liable to be seized; and him, the said William Message , did unlawfully and forcibly hinder, oppose and obstruct .

A second count. For assaulting, hindering, and opposing him, then being on shore, in the service of the excise, and in the due execution of his duty.

A third count. For unlawfully hindering, opposing, and obstructing the said William Message , being an officer of the excise; against the statute, and against the peace.

The indictment was opened by Mr. Garrow, and the case by Mr. Attorney General.

WILLIAM TURNER sworn.

I have been in the Excise; on the 15th of August last I went out with Mr. Hayward as an assistant, he is an officer of the Excise at Rolbenden; it was about ten at night; Hayward took William Message , I took an old man out of Sussex, I cannot tell his name; I was watching the road from Lydd to Cranbrooke, and a tilted cart came past us with two men; it was loaded with tobacco and spirits; I turned it about in order to conduct it to Mr. Hayward, who was in the other road; expecting those men that were on horseback behind the cart to raise the smugglers, as there are a great many in those parts, I sent the man that was with me to fetch Mr. Hayward to my assistance, as I expected a rescue; and I had not proceeded more than a quarter of a mile before three men on horseback came up, two of them had large whips and the other a bludgeon, I am not positive whether the prisoner is one, but I believe he is; one of them was a stout man, but as it was night I am not positive; I told them to keep off, that I had got smuggled goods; they clapped spurs to their horses and came upon me all three at once, with two whips and a bludgeon, before I had an opportunity of defending myself; two of them had loaded whips and the other a very large bludgeon, one of the largest I ever saw used on horseback; the blow stunned me, so that whether they pulled me off or I fell off I cannot say; I fell to the ground, and was three quarters of an hour before I came to myself, and then I found myself in a pond; the cart of goods and my horse were gone; I proceeded on the road, thinking to find Mr. Hayward; I afterwards found him on the road with Message and the prisoner Gomery in possession, that they had taken with some part of the goods, and my horse; afterwards we found the horse and goods near, the goods were laid up along side the cart; the goods were tobacco and brandy; we only saved two gallons.

Mr. Rous, Prisoner's Counsel. Hayward, who was regularly appointed, was not with you? - No.

You had no commission? - No.

Did not you fire at the prisoner? - I levelled my piece to give an alarm; I knew my arms would not go off, they were quite wet.

Jury. If the seizure had been made good, should you have been entitled to a part? - Certainly.

THOMAS HAYWARD sworn.

Confirmed the above, and that they met three persons, two of whom run off, and Gomery struck at Message with his whip (which he produced in court) he was taken; he was leading Turner's horse; he asked what he had done with Turner, and he said he had left him with Clifford and Davis at Cranbrooke, and those men knocked him off his horse, and he said he would go and shew them where it was; they found eight bags of tobacco which had been cut off their horses, and found Turner in a very bloody fainting condition, all over blood and very weak.

Mr. Rous. You was informed of the rescue, and pursuing the people? - Yes.

For the purpose of taking the persons? - We had no thought of taking the persons, only the goods, till we found the prisoner with Mr. Turner's horse.

Did not you pursue these people for the

purpose of apprehending them for rescuing the goods? - Yes.

Then two men escaped and the third bird you caught? - Yes.

He was not willing to be taken? - No.

When you went to take him he struck with that whip? - Yes.

Mr. Fielding. You saw the horse belonging to Turner in his custody of course? - Yes.

And seeing that horse you went up to take him? - Yes.

Court. Were you struck, or was Message struck, when you were attempting to seize Gomery, or when you were attempting to seize the goods? - When I was attempting to seize him.

Mr. Rous. Message is no Excise officer? - No.

Court. Then the time that Message was struck, was after you had seized a part of the goods, and before you seized the rest finally? - Yes.

Then was the blow that Message received from this man for the purpose of saving the goods, or for the purpose of saving himself? - For the purpose of saving the goods, I look upon it.

How so? - Because he tried to knock him off his horse; the goods lay on the road.

Suppose the prisoner had knocked Message down and rode away, you would have seized the goods, would not you? - Yes.

What this man intended, would have been effected; that is, as far as concerned the preventing his being taken? - Yes.

Because I understood you to say, Message and I ran up to take him? - Yes, the goods we had seized and left on the road. We ran up to take him, having Turner's horse in his possession.

And to prevent your taking him, he, the prisoner, struck Message? - Yes.

Did it appear to you at the time, that there was any other reason for his striking Message, than to prevent his being taken by Message? - Yes, I apprehend there was.

Did it appear to you so then? - It did appear to me so then.

How far off were the goods? - About 50 yards, part of them; the other part were forward on the road, about 3 quarters of a mile; we seized them afterwards.

Jury. Was the prisoner going towards the goods you had taken, or from them? - - From them that I had seized.

Mr. Fielding. According to the place where this cart was driving to, was this man going to or from it? - Towards the cart.

Mr. Rous. Where the cart was, you know nothing, at the time of this affray? - No.

Then the goods that you had seized were the goods that he had cut off, in order to increase his expediton, and left behind him 50 yards? - Yes.

And he was still going away from you? - Yes.

WILLIAM MESSAGE sworn.

I was employed on the 15th of August, as assistant to Hayward. We went in two parties; and Mr. Hayward and I went in one party, and Turner and another man in another; the man came to us between one and two, and told Mr. Hayward Turner had seized a cart, and expected a rescue; and wanted us to assist him. Hayward and me went forward towards Cranbrook, to assist Turner: when we came to the place, where the man said he was, we did not find him there; and we went on a mile and a half, and overtook three men, with horses loaded with tobacco; and we pursued them, and got two of their horses; the prisoner was one, I am sure he was one of the persons, he was the man that struck me; when I came up and caught his horse, he struck me across the hand with a loaded whip.

What was you doing at the time he struck you? - Stopping him.

Was his horse loaded with tobacco? - Yes.

What were you stopping him for? - For Mr. Hayward to seize the horse; when we first came up to them, they cut off the

tobacco, and rode for it; I cannot say how far they rode; I pursued them, and caught hold of his horse, for Mr. Hayward to seize his horse; Hayward and I were together, and it was for Hayward to seize the horse and the tobacco: then the prisoner struck me with a loaded whip on the hand; then Mr. Hayward took the whip from him, and asked him what he did with Mr. Turner's horse; when he struck me, and said, what is that to you? he made another blow at me, but I saved it with my hanger; then Hayward took the whip out of his hand; then Hayward asked him what became of Turner; and he said he would shew him where he was. We kept Gomery, and made a seizure of his horse. We seized the tobacco.

Mr. Rous. How often have you three been examined together, that your memory does not serve you? - We have not been examined much.

You went merely to assist Haywood? - Yes.

To act under his directions? - Yes. We took two of their horses; two escaped, one with his horse, and one without.

Hayward told us, you went up to seize him? - To lay hold of the horse.

How did you lay hold of the horse, by the tail or where? - By the bridle.

Did you not lay hold of the rider? - No.

Court. You stopt Turner's horse, and Gomery's too? - Yes.

The tobacco you said was cut off, and they run half a mile, or a mile? - Yes, I should think they did; we went back and picked it up.

Where did you conduct Gomery, the moment you took it from him? - To see where Turner was, and from thence to Hayward's, and to the justices; after we had been at Hayward's, and were conducting the prisoner to Cranbrook, to the justices, we met with the cart; we found it in a farm yard.

What share are you to have? - I do not know yet.

You do not know how much you have earned yet? - No.

Mr. Rous spoke on the part of the Defendant.

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

GUILTY .

Imprisoned in Newgate for three years .

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

Reference Number: t17880910-138

601. JOHN SNELL , RICHARD ROWE , and OLIVER RUTHEY , were indicted for obstructing John Felton , acting in aid of Thomas Bradley, one of the officers of the excise, in seizing a large quantity of foreign spirits, to wit, 20 gallons of brandy, 20 gallons of rum, and 20 gallons of geneva, then liable to be seized, and being on shore .

A second and third count, varying the charge.

The indictment opened by Mr. Garrow.

And the case by Mr. Attorney General.

THOMAS BRADLEY sworn.

Examined by Mr. Silvester.

You are mate, I understand, of the excise cutter called the Eagle? - Yes.

You have an excise commission? - Yes.

Relate what happened to you on the 31st of January last, and where you were? - I was at Plymouth with the boat; in the first place, I received an information in the morning of a parcel of goods being landed, and deposited in Kingston; I went immediately for a warrant to a justice of the peace, and went and searched the houses of those people; and then went immediately with that warrant to Kingston. I went to George Prouse 's with them; I entered and made a seizure of 60 ankers of liquor, rum, brandy, and gin; each anker generally

holds about 9 gallons, on an avarage. The mob had by this time gathered about the house, to the fore door; our people were carrying them across the way to Mr. Jones's; he is a publican and has an entered cellar; there was a large mob assembled at this time round the house, but they did not attempt to take any away, but kept abusing Felton, a man that was employed by me as an extra man about a fortnight; I took no manner of notice of that, till I got all the kegs but three over the way, these three kegs stood in the passage; then one of the people that was in the cellar called out to me and said it was all out, and begged me to come down and see; while I was there I heard Felton call to me by name, and when I came out he was gone, and the kegs were gone likewise; I had not seen any of these prisoners in the mob before I ran out, and found the mob had dispersed two different ways; one up the hill, and one down the hill; I went to rescue Felton up the hill, where I was informed he was carried, and the rest of the people with me; I went up armed with pistols cocked, and found Felton surrounded by the mob, and they were heaving stones at him; he was protected till I came up by two other of our people that I left as a guard, I had information against four houses, they all lay close together, and by threatning to fire at the mob I rescued him and brought him down; they had him every way, he had his pistols cocked, but he could not tell who to fire at; I did not see any body in the mob that I knew; I brought him down to Jones's, the mob soon after that surrounded the house; we got ourselves into a small parlour; they made a demand of me to turn him out; I cannot say who made the demand, the expression was, turn out the b - gg - r, we'll have him dead or alive; I said they should not, while I was alive; then they swore they would have him; they knocked in all the windows in the front, and likewise the windows of the hind part; I had a hurt on my arm by a stone 3 lb. weight, I thooght it was broke, all that I saw that I knew, was the prisoner Rowe, him I saw close by me among the mob; the mob was quite thick; I heard him call out, d - n you, if you are all of my mind, I will go in and drive all the b - g - rs to hell; I am very clear it was him, because I made him an answer; I told him, you ought not to be the man to say so, for a little while ago you wanted a birth; they kept us in that situation for four or five hours; I searched the next day, but it was too late.

This was in the parish of Kingston? - Yes.

How many people might there be in this mob? - It was impossible to count them, but there were upwards of two hundred; our party consisted of ten; at last I saw a Custom-house officer I knew; I desired him to go down to the beach to get assistance; and shortly after we had assistance; and when I thought we were strong enough to get Felton out, we determined to fire, and defend ourselves, but when we came out, nothing was done till we came down to the beach and got him safe off.

Mr. Burroughs, Prisoners Counsel. Was there any thing said about the informer by any body? - Yes, they called him an informing rascal.

That was what they wanted? - They said, they wanted the informer.

Mr. Silvester. Did you ever get back the kegs? - No.

Court. If all this had not happened, were you about to search other houses? - Yes, I had two men there for that purpose.

JOHN FELTON sworn.

Examined by Mr. Fielding.

Were you in the service of Mr. Bradley, on the 31st of January? - Yes.

Where did you go with him, on the 31st of that month? - From Plymouth to Kawser and Kingston; about three miles off, we seized sixty ankers of liquor in the house of George Crouse ; I was with

Mr. Bradley after the seizure; they were all out but three, and one of the people handing them out; and one of the men called in Mr. Bradley; when they found he was gone, now is our time, said the mob, that had collected at the door, to have the b - g - rs out; I knew all the prisoners; I only saw the prisoner Snell among them; he was the first man that entered the door, and took the keg; there were two of them gone before they rushed in; I had one between my legs; he was the first that rushed in, and took hold of the keg; and I seeing so many rush in, I had recourse to my pistol; and I kept threatening them to shoot them; I did not fire; and I flew up stairs, and run out at the fore door; and they threw stones at me all the way I went.

What became of Snell and the kegs? - The first time I saw him, was upon the green; I cannot exactly tell how many minutes it might be, but he came up some time afterwards, with his hands in his bosom; Oh, you b - g - r! says he; that was all I saw Snell do; when I first ran upon the green, Rowe threw stones, and wanted to get hold of me, but when he got nigh me, he did not heave any more stones; the other man was in company with Rowe, and made the same offer to lay hold of me; they swore they would tear me limb from limb, and that I should not go home alive; and I held out a pistol; I was on the green about twenty minutes; Bradley came up with some more to my assistance; and I went down again; the mob heaved glass bottles and stones; at last I got into the house of Jones; and Ruthey said, when I was going down, the B - g - r! I have two pistols at home, I will go and fetch them; so when I saw him again, it was in the room; I saw him throw the glass; I saw no pistols, but I saw three cutlasses with Oliver Ruthey ; he stood close by the window; I afterwards saw one in his hand, and two under his arm; there were a great many stones thrown; I saw Bradley, when he got that hurt on his arm; it was a large flint stone, I suppose it might weigh three pounds; we staid in the parlour from two till candle-light; then they shut the windows up; I am sure of the prisoners; I knew them five, six, or seven years ago.

JOHN NOTHERTON sworn.

I assisted Mr. Bradley, and I saw Rowe in the mob; I did not see him do any thing; that was after the goods had been taken; I spoke to Rowe, and he began to make expressions that he would have Felton out; and he said, d - n your eyes, I wish we could get Felton out; says I, Rowe, you had better go about your business; d - n your eyes, says he, if they were all of my mind, I would have you all out.

Mr. Burroughs pleaded the cause of the prisoners; and

Mr. Attorney General replied.

ALL THREE GUILTY .

Imprisoned three years in Newgate .

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

Reference Number: t17880910-139

602. JAMES DRING was indicted for uttering a piece of counterfeit money, and having more about him .

There being no evidence, the prisoner was ACQUITTED .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17880910-140

603. JOHN DISNEY was indicted for a fraud and forgery at common law, in indorsing the names of Mayne and Hodgson, on a bill of lading, by which he obtained the sum of five guineas, from Mr. William Alexander .

(The case opened by Mr. Silvester.)

BENJAMIN ALEXANDER sworn.

Mr. Silvester. You are a broker ? - Yes, I am an agent for merchants at the Custom-house , to enter goods, and export them; I have known the prisoner, by sight, some time; on the 13th or 14th of May, I met him in Seething-lane, and he asked me, if there were any Rotterdamers up; I told him, I did not think there were; he told me, he would thank me, if I would call at the compting-house, and let him know when any arrived; his compting-house, he said, was at Messrs. Oswell and Co. No. 17, Crutched-Friars; I met him before, and he told me, he was in partnership with Mr. Oswell; on which, the next day, my waterman informed me, that the Betsey, a Rotterdamer, Captain Dixon, had arrived in the river; accordingly, I went to Mr. Disney's compting-house; on which, I told him, the Betsey had arrived, Captain Dixon, from Rotterdam; on which, he, the prisoner, opened a drawer, and took out a letter; in which, was this bill of lading; (holding it in his hand) he then took and indorsed it, and doubled it up; I do not know what he wrote on it; he said to me, there is a case on board, marked P. K. No. 1. containing seven hundred and fifty pieces of open tape; which he desired I would enter; on which, I said, I had no money; pshaw! he replied, you will have enough in your hands; you can but sell them and pay yourself, and pay me the overplus; on which, I shewed them to a person, and he said, they were too dear for him; I had got them from on board the Betsey, Captain John Dixon; he called a few days afterwards, and asked me if I had sold them, I said, no; on which, he asked me to let him have five guineas, which I let him have; in about an hour afterwards he recommended me to shew them to Mr. Smith, of Bread-street-hill; I did, and he said, they were too dear for him; there were seven sorts, and I recommended him to take a piece of each, and endeavour to sell them; he had no more than one of each sort, and I kept the rest; at that time I thought them to be his property.

Mr. Silvester. The bill is addressed to Messrs. Mayne and Hodgson, or their assigns? - Yes.

You could not deliver them to any body else? - Certainly not, unless the bill had been indorsed; some time afterwards, Disney came with a person of the name of Defrieze, and brought an order for the delivery of those goods, signed Mayne and Hodgson; Defrieze produced the order in the presence of the prisoner, in the names, of Mayne and Hodgson; upon that, when I opened the order, I told him, I would have nothing to do with him, but told him to go about his business; he said, he would have them; and I turned him (Defrieze) out of doors; Disney remained a little while; and I went, and looked at the bill of lading; I asked him what he meant by that, as I thought they were his; he said, he would have them away in a few days; and he went away; I did not know, when he first delivered me the bill of lading, that it was signed Mayne and Hodgson; when we do business for constant customers, we have no occasion for a bill of lading, we only want the marks and the contents, &c. and we make our marks, and they deliver them to us; I saw him (Disney) afterwards at the compting-house; he told me not to be uneasy, for it should be soon taken out of our hands; I did not see him for six weeks afterwards; Oswell and Co. was rubbed off, about a fortnight after I saw him there. I and others have made enquiries, and cannot find any such partnership subsisting, as Mayne and Hodgson, in the city, nor bear of such a firm any where; I am sure the prisoner's name is Disney; he never carried on any business in that name; he said, he was partner with Mr. Oswell, and that they did a great deal of business; I found him afterwards in the street, and took him into custody.

Prisoner. How long have you known me? - By sight, about a year.

When did you receive the bill of lading from me? - The 14th of May.

You say, I took it out of a letter and indorsed it then? - Yes.

Was there any body present? - Yes, your clerk, John Hodgson , and no one else.

Whose indorsement did you take it to be? - Oswell and Co.

You will swear, you did not receive it, and keep it two or three days, and afterwards come back and ask me to indorse it? - No, I did not.

When you took the bill from me, what was you to do with it? - To make an entry.

JOHN NEWMAN COUSSMAKER sworn.

I am a merchant, residing in the city of London; I produce two letters I received from Mr. Clarinbank from Harleigh.

JOHN HODGSON sworn.

I was clerk and servant to Mr. Disney; I have seen him write; (The bill of lading shewn him) I believe this to be his hand writing; (A letter shewn him) I cannot speak to that, but I believe it to be his writing; (Another letter shewn him) I do not believe that is his hand writing; a letter, signed Mayne and Hodgson, (Produced by Mr. Coussmaker) addressed to Messrs. Copps and Clarinbank, read, &c. dated, London, 25th of April, 1788. to Messrs. Copps and Clarinbank, at Harleigh.

Court to Mr. Coussmaker. Is there such a firm at Harleigh? - No, sir, only Peter Clarinbank, to whom it went; I received both the letters back from him; I never remember Copps being in the firm.

When did you receive them? - I believe, about a month ago.

Mr. Silvester. The bill of lading is dated the 8th of May.

Court to Mr. Coussmaker. How long is corespondence, by letter, going and returning from Harleigh? - If by the mail, about eight days.

Does it appear by the bill of lading, by whom the goods came? - No.

Mr. Silvester to Hodgson. How long was you clerk to Disney? - About three months.

Who was he in partnership with? - I do not know, but I understood with Mr. Oswell.

How did you get the letters directed to Mayne and Hodgson? - I believe they came to Sam's coffee-house.

Did you ever receive any? - Three or four; I went by Disney's direction.

Prisoner. What day of the month did you receive the bill of lading? - I do not recollect.

Has not Alexander got you a place since this? - He has.

Did not Alexander frequently call on you, and tell you, that unless I paid the discount of a bill of seventeen pounds, he would prosecute me for this forgery? - Yes.

JOHN SANDO sworn.

I am a letter carrier to the foreign department; I know Disney; he came himself to the office yard, and looked at the list; I had a letter directed to Messrs. Mayne and Hodgson, and I could find no such persons; and he told me to carry the letter to Sam's coffee-house.

Hodgson. I believe it to be Disney's signing, but not his writing.

PRISONER's DEFENCE.

My lord, the indictment states the 14th day of May, whereas the bill was not in my possession for several days after; on the 30th of April, Benjamin Alexander applied to me, to indorse him a bill of lading, and requested my acceptance to a bill of 17 l. 5 s. on the 16th of May, he called upon me, and said, he would be my broker, and advised me to run the

goods; instead of that, he took the bill of lading; came to me some time after, and says, you must indorse the bill of lading; and he told Hodgson, if the bill I accepted for him, was not paid, he would swear a fraud and forgery.

GUILTY .

Fined 6 s. 8 d. and imprisoned one year in Newgate .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17880910-141

604. MARY MAHANY was indicted for attempting to defraud Richard Brothery of a good sixpence in exchange for a bad one .

A second count, for attempting to defraud the said Brothery of another good sixpence in exchange for a bad one.

NOT GUILTY .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17880910-142

605. GEORGE THOMPSON was indicted for obtaining 1 l. 14 s. 8 d. from Joseph Wagstaff , by false pretences .

JOSEPH WAGSTAFF sworn.

I paid the prisoner the bill, (bill produced to the court,) I saw the prisoner sign the receipt to the bill; I paid him the 19th of July , the date is indorsed on the back.

How came you to pay it to Thompson? - He came and asked for it.

Did he ever live with Mr. Down? - I do not know sir, he had called at the compting-house two or three times before for the payment of this bill.

When he came to your house, did he say from whence he came? - I do not recollect, I paid it to him without asking him any questions; I thought he was servant to Mr. Down, I never paid him any money before.

Prisoner. Do not you know I lived with Mr. Down? - I do not know that you did, I never recollected seeing you there.

THOMAS DOWN sworn.

I know the prisoner at the bar, he was a servant of mine about 7 or 8 months ago; I do not recollect whether I ever sent him to receive that bill; he kept my books before the 12th of July, when I discharged him; after which he had no authority to receive any money on my account. At the time the prisoner went to receive it, on the 19th, it was owing me; I did not send him any where to receive money after I discharged him.

Prisoner. Did you positively discharge me? - Yes.

Prisoner's Defence. I never was positively discharged; I was desired by Mr. Down to call on him now and then, and if he had any thing he would employ me.

GUILTY .

To be imprisoned one year .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17880910-143

606. MARIA CARTWRIGHT was indicted for falsely pretending to one William Hooper that she was his sister, and had been sent to the Foundling, and since had been in America 21 years, and had returned to England, having seen her name advertised in the American papers; that her father had died and left her all his estate; and that if he would let her have 7 guineas for 3 hours, he should have it again; by which fraudulent pretensions she obtained the said

sum of 7 guineas, with an intent to defraud him thereof .

NOT GUILTY .

Tried by the London Jury before Mr. ROSE.

At the call-over, GEORGE BARRINGTON being brought up with the other prisoners, thus addressed the court:

May it please your Lordship,

As I am before the court, and if I do not trespass on your Lordship's time, I humbly request that I may be allowed to state a few circumstances.

I was removed to a very distant part of the kingdom in July last, by writ of habeas corpus; before the habeas was obtained, I knew nothing of a bill of indictment having been found against me; and had no knowledge of an outlawry thereon, till I arrived in London; if I had, I would respectfully and immediately have submitted to a trial. For my Lord, notwithstanding the confident assertions which have been made in some erroneous, I will not say malignant prints, and elsewhere, I am credibly assured, that the charge against me, as laid before the magistrate in the information, is only on suspicion; and it is very unreasonable to suppose, that a person under such circumstances, would subject himself to a process so summary and rigorous in its nature as outlawry indisputably is, knowing that such a proceeding was going forwards: Or will the liberal spirit of the laws justify putting a man to death untried and unheard, because he appears to have been negligent?

With respect to the indictment, I can only say, my Lord, that I am ready at any moment to take my trial; and if after a fair and impartial hearing, conviction follows, I shall bow to the sentence of the law with submissive reverence.

But I am given to understand, that I am to have no trial, if it can be hindered; a sanguinary process, which has lain dormant for ages, is to supply the place of trial by jury; and fiction propagated in newspapers, to fill up vacant corners from dearth of news and advertisements, is to supply the place of facts and proofs of guilt.

I am also, my Lord, given to understand, that it has been said by the supporters of this measure, that the present case is meant as a precedent to the rising generation; yet, however plausible this may found, it may perhaps appear, to think of arriving at popularity by curtailing the best privileges of the subject, to be a mistaken idea; and the rising generation will have but little cause to thank that reformer, who establishes a precedent to set aside the trial by jury, when the charge is theft on suspicion, and certainly free from violence and cruelty.

Candour should never be lost sight of in any prosecution, even in the most rigorous pursuit of justice. But if the gentleman on the part of the prosecution, will persist to deny me a trial, either from conscious inability to prove guilt, or from misguided fury against an unfortunate man, who has been spared from the imputation of cruelty and violence, even by the voice of calumny itself, loud as it has been raised against him; yet I trust your Lordship, from the dictates of benevolence, will not deny me such means of defence, as a case so hard and so extraordinary may require.

The persons concerned in the prosecution have been applied to, for leave for my council and solicitor to inspect the proceedings against me, and even this has been refused; surely they wish not to keep their prisoner entirely in the dark, or to deprive him of all possibility of defence.

The practice of a surgeon is at all times very limited, without an extensive acquaintance, and many friends; in a prison it can afford but little emolument, by no means sufficient to defray the expences, which I am informed, in such a case are

liable to be very great on the part of the accused. I am therefore under the necessity of requesting, which I do with the utmost humility, that your Lordship in your goodness will be pleased to recommend, that my counsel and solicitor have leave to inspect the proceedings against me.

To which Mr. Recorder gave the following Answer:

Mr. Barrington,

It is only necessary for me to observe to you, in the situation in which you at present stand, that you appear to be committed, moved by habeas corpus to the gaol of Newgate, under a judgment of outlawry, allowed to be duly pronounced against you. If that judgment had been returned on record to this court, the arguments which you have advanced would have had great weight. As you have been attainted by the judgment of the law, the only thing this court could do with that attainder, while it remains in force and unreserved, would be not to pronounce judgment, but to award execution of the sentence of the law. The court has been informed, that it is the intention of the prosecutor to remove the proceedings into his Majesty's court of King's Bench.

It occurs to me, that this intention is proper, both from the consequences of the precedent to the public, and it is favourable to you, as giving you an opportunity to bring a writ of error in that court, which has the supreme jurisdiction in the kingdom, in order to reverse that outlawry, if any error should be found in the proceedings.

It would by no means become me to state what will be proper for that court to do. When they have the record before them, I am perfectly persuaded justice will be administered according to the law, and with all the lenity the law will permit.

It only remains, therefore, to take notice of another circumstance, the application you have made to inspect the proceedings, which not being before the court, the court can make no order on that subject, which could be compulsory; and a recommendation pronounced by persons in a judicial situation, in cases where they have no authority to make an order, is improper.

Your application, unless you can obtain a copy of the proceedings by the consent of the prosecutor, must be made to the court of King's-bench after the record is returned before them. If the court think it proper, they will order it, and will take care that you shall not be prejudiced in point of time, but that you shall have a proper opportunity of urging by your counsel and yourself whatever may be deemed material.

The legal consequences of the outlawry, and the effect of the attainder, if not reversed, is, the judgment of death, in point of law already extended against you. And this is not obsolete law; but is the undoubted subsisting law of the country. Courts of justice, however, considering, that in some cases it may be a harsh operation of the law, have always listened to every attempt to assign errors in the outlawry, by which the attainder may be reversed, and the party labouring under it, restored to the benefit of a trial by his country.

I have no doubt, but when this matter comes before the court of King's bench, they will shew you all the indulgence which the law will permit.

Reference Number: s17880910-1

The Trials being ended, the Court proceeded to pass Sentence as follows:

Received Sentence of Death, 18. viz.

James Smith alias Lacey, John Thomas , John Dancer , John Crawford , William Johnson , Thomas Jones , Robert Guy , James Dawson , Robert Fenwell , Michael Conner , Joseph Taylor , James Hornsby , Edward Collins , George Vincent otherwise Brandy, Thomas Johnson , Elizabeth Shakespear , Hugh Murphy , and Christian Murphy .

(This last prisoner to be burnt.)

To be transported for seven years, 51, viz.

Mary Gittos , John Goss , John Wells , John Coyle , Sarah Sophia Ann Brown , Joseph Short , William Wooden , Michael Young , Thomas Ryan , Joseph Tambrook , Hannah Rowney , David Evans , William Derry , Thomas Derry , Ann Barry , Martha Daniels , Sarah Taylor , William Bassett , William Butler , Joseph Merrick , John Duffey , William Mason , John Nurse , Joseph Brotherhead , Christopher Eayes , Joseph Barney , Timothy Galloway , Charles Macey , James Robinson , Elizabeth Wishaw , James Tucker , Thomas Morgan , Thomas Teasdale , John Walters , James Bryant , John Bell , Mary Wilson , William James , Edward Rayner , Lawrence Wilson , William Osborne , Aaron Mendoza , Jacob Balfort , George Allen , Elizabeth Carter , Mary Anson , James Robinson , Stephen Skillen , Sarah Gomer , John Miller .

To be imprisoned three years in Newgate, 4, viz.

John Gomery , John Snell , Richard Roe , and Oliver Ruthey .

To be imprisoned one year in Newgate, and fined 6 s. 8 d. 2, viz.

John Disney , and George Thompson .

To be imprisoned six months, 10, viz.

Richard Parker , Malachi Porter , Mary Smith , James Riley , Ralph Dowden , Thomas Hyams , John Smith , (fined 6 s. 8 d.) Mary Innis , John Clarke , and Ann Hall .

To be imprisoned one month, 3, viz.

John Beale , Owen M'Cartie , and Timothy Mino .

To be whipped, 8, viz.

James Riley , Richard Armstrong , James Lide , John Walham , Owen M'Cartie , John Clark , Patrick Flannagan , and Timothy Mino .

Reference Number: a17880910-1

Mr. HODGSON

RESPECTFULLY returns his most greatful Thanks to his Employers and Pupils, for the Preference they have thought proper to give to his Mode of teaching and writing SHORT-HAND, which he flatters himself is at once as concise and correct as any other System; he continues teaching in four-Hours, by four Lessons, the whole necessary instructions in this much approved Art. He also takes Trials and Arguments with the utmost Care, which are copied so expeditiously as to be sent home the same Evening, if required.

Mr. HODGSON (without the smallest Imputation on the Systems of his Cotemporaries, whose Merits he chearfully acknowledges) pledges himself to take nothing for his Transcripts, if any Gentleman who solicits a cause, or the Counsel whose Arguments he professes to take, are not compleatly satisfied with his Performances.

A new Edition (being the third) of HODGSON'S TREATISE ON SHORT-HAND, which is a sufficient Instructor of itself, is just reprinted, and Mr. Hodgson in order to accommodate all sorts of Purchasers, has reduced the Price to Eighteen pence only; also his new Publication, entitled,

"SHORT-HAND CONTRACTIONS, adapted to every System of

"Short-Hand; to which are added, a Comparative Table of Short-Hand Alphabets,

"and two Extracts by way of Specimen, with two Copper-plates annexed," Price only 2 s. 6 d. are sold by J. Walmsley, Chancery-lane, and also by Bladon, Matthews, Egerton, Fourdrinier, and all the Booksellers.

Letters (post paid) from Purchasers of either of his Books, directed to Mr. Hodgson, No. 35, Chancery-Lane, will receive immediate Answers, and all Orders from Gentlemen in the Profession of the Law and others, immediately attended to: Addressed to Mr. Hodgson, at his House, No. 13, White Lyon Row, Islington, or left for him, at No. 35, Chancery-Lane.

Gentlemen who send in haste to Islington, are requested to send a Porter, and not trust to the Stage or Penny-post.

The numerous and particular Trials which have been much enquired after, Mr. Hodgson has reprinted for the Accommodation of his Customers.

N. B. As many Gentlemen who have taught themselves Systems of Short-hand, not formed on Mr. Hodgson's Plan, wishing to exchange them, have found the Attempt too embarrassing: Mr. Hodgson has recently succeeded in introducing the peculiar Brevities of his System into others, without altering the Alphabets, and has found the Practice, (though novel) perfectly easy.

Mr. Hodgson has just bound up a compleat Set of Sessions Papers, for the last sixteen Years, which he will dispose of; or any person wishing to see any particular Trial, may have an Inspection of the same, or take a Copy of it, at the usual Prices.

Just published a new Edition of the Trial of Andrew Robinson Bowes , Esq; and several others for a Conspiracy against the Rt. Hon. the Countess of Strathmore, Price 3 s. 6 d. taken in Short-hand by Mr. HODGSON.

The Monthly Review for August last, thus notices the above Trial

"The Reviewer

"is much obliged to Mr. Hodgson for making his Title Page so full and circumstantial

"that it requires nothing to be added, except our acknowledgment of the

"care and accuracy, with which he appears to have given this Trial to the Public."


View as XML