Old Bailey Proceedings, 22nd October 1788.
Reference Number: 17881022
Reference Number: f17881022-1

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 22d of OCTOBER, 1788, and the following Days;

Being the EIGHTH 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 VIII. 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 JOHN HEATH , one of the Justices of his Majesty's Court of Common Pleas; the Honourable Sir ALEXANDER THOMPSON , one of the Barons of his Majesty's Court of Exchequer; JAMES ADAIR , Serjeant at Law, Recorder of the said City; JOHN WILLIAM ROSE , Esq; and others his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Gaol Delivery of Newgate, holden for the said City and County of Middlesex.

London Jury.

William Innis

Jonas Woodward

Richard Heavyside

William Rutland

John Hayward

James Schooling

Peter Carron

George Gouthitt

Joseph Wright

John Teale

James Evered

John Comely .

First Middlesex Jury.

James Caney

Christopher Marshall

Thomas Bradshaw

John Moxey

Edmund Kitchen

Hugh Wright *

* Lacey Punderson served sometime in the room of Hugh Wright , and John Skinner served the last day.

John Green

John Skirvin

Jonathan Punderson

George Potter

Robert Leach

Launcelot Henry .

Second Middlesex Jury.

William Handy

John Moakes

John William Bidlake

Samuel Wardale

Daniel Willis

John Goodchild

Thomas Gibbs

James Stewart

Charles Cooper

Francis Brown

Charles Teasdale

John Eates .

Reference Number: t17881022-1

607. THOMAS EDWARDS and ANN SHUTER were indicted for burglariously, and feloniously, breaking, and entering the dwelling-house of Thomas Vials , about the hour of four in the night, on the 1st day of October , and burglariously stealing therein, three linen check aprons, value 3 s. one muslin

apron, value 2 s. one tin cannister, value 1 d. three ounces of tea, value 4 d. one silver tea-spoon, value 2 s. and one piece of foreign coin, called a quarter of a dollar, value 1 s. his property .

THOMAS VIALS sworn.

I live at No. 52, Church-lane, Whitechapel ; I am a housekeeper there; on the night of the 1st of October, I went to bed about ten in the evening; I was the last person up; before I went to bed, I fastened every door; the front door has a spring lock; I double locked that door, and bolted it; the back door has only got a single bolt, and I bolted that; there was no lock to that; the windows were all fastened; the front window has an outside shutter; the back window has an inside shutter; I awakened, and I heard the watchman crying four; and I heard the back door give a crack; I took no notice of it; I went to sleep again; and about half past five, I got up to go to work, and found the back door wide open; I went into the yard to the house, and saw the back gate open, and the bricks off the wall; I had fastened the gate of that yard, before I went to bed, with a bolt; then I went in doors again, and told my wife; and I missed two tea-chests out of the house; I went into the yard again, and looked in the privy; and saw the two tea-chests there, broke open; they stood on the seat; and four tea-cannisters on the side, and one was in the tea-chest; I came in doors, and brought them in; I missed nothing else then; I looked round the house; then I went up to my work; and other things were missed; the prisoner, Edwards, who had lodged in my house before this happened, but was gone away about four days; Bassett, the constable, went in search of the prisoner, Edwards; we did not find him that day; I found him the next day in Houndsditch, about nine in the morning, looking into a pawn-broker's window; he walked away from me, I do not know whether he saw me, I followed him down Whitechapel, he stopped to speak to two sailors, I passed him and stopped at the end of Petticoat-lane, he came by me, and turned up Petticoat-lane, and went into a cook's shop, I passed that cook's shop, and I could not get an officer; and I went into the shop, and I said to him, did not you lodge at my house once, and he said no; I said to him, I am sure you are the person, for that reason you must go with me down to my house in Church-lane; says he, I never lodged in Church-lane in my life; I said, I am sure you are the person, you went away and never paid your last week's rent; says he to the woman in the cook's shop, be so good to let me go backwards to your privy, and she gave him leave to go, and he went I and stood at the front door, and the daughter of the man went backwards to see if he was there; he came back to the shop again, I insisted on his going with me to my house, he went and the man and woman of the shop went along with him, and I gave charge of him; he was put in the watch-house; me and Bassett went to the cook's shop again, and went into the privy, we could see nothing, we came into the shop, and there we saw a bundle which was shewn us by the daughter, her name is Sarah Jones , she is here; the prisoner was not present, we examined the bundle, and found in it a check shirt, (which he owned to be his, and 3 check aprons wrapped up in that check shirt, we found nothing else there. Then we went after Ann Shuter , his woman or wife, whichever she was; Bassett took the bundle and he left it at his own house, and then we went down to the watch-house with the prisoner, and asked him where to find Ann Shuter , (she lodged with him at my house, they lived as man and wife, she took the lodgings as such,) then the officer searched him and found directions where to find her, at the India-arms, a public house at Cockhill; we went in there, and called for a pint of porter, and we got a direction to the Green Dragon-yard, Whitechapel; I went there with Bassett, he went up stairs and brought down Ann Shuter; when she came down stairs, says I, you are the person that lodged at my house in Church-lane;

no, says she, I never lodged at your house in my life, I never lodged in Church-lane, it must be my sister; I went up stairs with the officer and her, she desired to put on her hat, and the first thing I saw was a tea-cannister with tea in it; I said to the officer, I will swear to this tea-cannister, it belonged to the tea-chest that was broke open; and she said, the prisoner Edwards had sent it to her the day before for a present to the woman where she then lodged; we asked the woman who brought it, she said a man brought it to her in a brown coat, she did not know him, but should if she saw him again; we took the woman with us to Mr. Staples, there I said what I had lost out of the house, I lost three check'd aprons, one muslin apron, a silver tea-spoon, a quarter of a dollar, and a tea-cannister with some tea in it.

Court. Were all the cannisters belonging to the tea-chests there? - No, four were found and two were missing; I saw the tea-chests and the cannisters on the table over night when I went to bed; and the aprons hung on the line to dry; the spoon was in the tea-chest; they were locked both of them, I saw them in the afternoon; I never found any of my things again, except the three check'd aprons and the cannister, (these are the three aprons which were found in the room at Jones's; here is one of the tea-chests which was broke open, and here is the hasp of the other; I know the cannister by the fellow cannister to it, it sits the place; it is a common cannister; the prisoners lodged in our house, and passed as man and wife during that time.

BASSETT sworn.

I am a constable, on the 1st of October I was applied to by the prosecutor, I went with him but did not meet with the prisoner; on Thursday the 2d of October, he brought the prisoner to my door, and gave me charge of him; I put him into the watch-house in Wellclose-square, and then went with the prosecutor to the cook's shop, Jones's; and there Sarah Jones produced a bundle to us, which she said Edwards had left there the day before, and was to call for it at dinner time; it contained three check'd aprons and a shirt; I took the bundle home and have had it ever since; these are the same, they were very wet when produced to me, and I hung them up to dry, and locked up the room, and then I locked them in a drawer; and then I went to the watch-house to get a direction to the woman Edwards lived with, but he said he did not know where she lived, but I found in his pocket a paper, on which was written,

"direct to me at Ann Shuter 's, at the India-arms, Cock-hill." We went and found her in Green Dragon-yard, Whitechapel, she said her name was not Shuter; then I brought her down, and the prosecutor said he believed she was the woman that lodged in his house, but he had but little knowledge of her; I found a cannister on the table, and I asked Ann Shuter how the cannister came there; and she said, Edwards had sent it to her to make a present of to the woman where she lodged, she said she had nothing else; the woman of the house said it was brought by a man in a brown coat, from Edwards; she did not know him, but should if she saw him. I brought Shuter before the magistrate, and the things were produced and sworn to; this is the cannister, I have had it ever since; Edwards owned to the shirt and claimed it before the justice, but not the aprons; the justice ordered me to keep the shirt.

SARAH JONES sworn.

I live at No. 140, Petticoat-lane, a cook's shop; on Wednesday morning, I cannot tell the day of the month, it was the day before Bassett and Vyals came to our house, the prisoner came with a bundle and desired to leave it till dinner time; I believe it was between the hours of 9 and 10 in the morning; I did not know him before, only two or three times he called for some leg of beef, and always paid for what he had and went away; he did not call again for it; he did not say what was in it, I put it under the small-beer barrel

under the counter: the next morning Vials and Bassett came together, and I was up stairs making my beds; when they came to take him up he had not called for any thing, nor asked for his bundel, but he was there at a table; then I came down and produced the bundle, I had never opened it, I am quite sure it was the same; he said it was his.

SARAH VIALS sworn.

(Looks at the aprons,) I can swear to them, they are mine, and one has a stain on it and a piece on the side; the other has a mark a cat with a knife in wiping it; the third has two little holes at the bottom just by the hem; one of them hung on the back of a chair to dry, my mother had been washing it; one of the others lay on the table wet by one of the tea-chests; the other had some pieces of cloth in it, it was dirty on the chair; the tea-chests stood on the table, there was a silver tea-spoon in one marked with SS and E, there was a quarter of a dollar in it and five tea-cannisters one I lent; I missed the aprons first- they were below stairs, we lay below even with the room that was stripped; the cannisters fit the tea-chest.

(The aprons shewn to the Jury.)

Pros I am sure this is the tea-chest which I found in the privy which had a silver spoon in it; there is no till in the other; my wife had the key.

Mrs. Vials. I locked up that spoon in the tea-chest about 6 in the evening, when I had done tea.

PRISONER EDWARDS's DEFENCE.

I know nothing of it; I am innocent.

PRISONER ANN SHUTER 'S DEFENCE.

My Lord, and Gentlemen of this court:

I have taken the liberty to lay my case before you, as I have no friend but God, and not having the affluence of speech to tell my case; I unfortunately lived with the said Thomas Edwards on a promise of marriage till Thursday the 26th of September, and he told me he was going on board the Royal Admiral, and that I should not see him till the 10th of the next month, or the month after; as I found I could not pay the rent myself, I delivered the key, and I told Mrs. Vials that I would call and pay her another time, she answered it was very well; I went to a friend in Whitechapel, and on the 29th of September, a man came and asked for Mrs. Adams, I told him she was not at home, he had a cannister in his hand for her; I told him to put it down, and he did; I never saw him before nor since.

And on the 2d of October, there was a man came to me at this Mrs. Adams's, and asked for Mrs. Shuter; I told him that she was in the country, but I was her daughter; he desired me to go with him, and I did; he took me before a justice, then I saw this Thomas Edwards , I had not seen him from the 26th of September till then; I am entirely innocent of his connection, and this affair I am brought here for; and hope this honourable court will do me justice, as I never was in any trouble before.

ANN SHUTER .

Prisoner Edwards. I have no witnesses for want of money.

(For the prisoner Ann Shuter .)

PHEBE LLOYD sworn.

I live in Whitechapel, in Green Dragon-yard, there is no No. only eight houses in the place; I was in Mrs. Adams's room where the prisoner Ann Shuter was; it is something better than a fortnight ago, a man brought up a tea-cannister, and said, here is some tea for Mrs. Adams he did not say where it came from: Ann Shuter bid him put it on the table, she was mending her stockings, she did not rise; the man put it on the table and went down again; I did not observe any thing particular about his dress, I did not take any notice.

What for cannister was it? - A dirtyish looking cannister.

Court to prosecutor. How did your back door appear to have been opened?

It appeared to have been wrenched, there was a bit of chip off the door where the bolt was.

THOMAS EDWARDS GUILTY , Death .

ANN SHUTER NOT GUILTY .

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

Reference Number: t17881022-2

608. THOMAS MILLER was indicted for stealing on the 24th day of October , one linen handkerchief, value 10 d. the property of Richard Akerman Esq ;

RICHARD AKERMAN Esq; sworn.

Coming up Ludgate-hill about ten o'clock to the Sessions-house, the prisoner picked my pocket; I did not know it till Newman came up to me and said, Mr. Akerman, here is a man has picked your pocket; Newman pulled up the man's apron and the handkerchief was taken out of his breeches.

NEWMAN sworn.

I saw the prisoner take it, and I informed Mr. Akerman, and I took the handkerchief out of the prisoner's breeches in Mr. Akerman's presence.

(Produced and deposed to.)

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17881022-3

609. JOHN KILBY was indicted for stealing, on the 11th of October , five aprons, value 10 s. four shifts, value 8 s. and divers other things, the property of Mary Pickford , and two shirts, value 10 s. the property of John Rayner .

No evidence appearing to swear to the property, the prisoner was ACQUITTED .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17881022-4

610. ANN COOK was indicted for stealing, on the 23d of September , a pair of silver shoe-buckles, value 10 s. one half crown, and one shilling , the property of William Williams .

There being no evidence, but the prisoner's confession, obtained under a promise of favour, she was ACQUITTED .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17881022-5

611. JAMES BOWLING and JAMES BELL were indicted for stealing, on the 21st of September , divers ropes , the property of John Skelton .

And JANE GARTON was indicted, for feloniously receiving the same, knowing them to be stolen .

There being no evidence, but the confession of the prisoners, Bowling, and Bell, obtained under promise of favour, they were all three ACQUITTED .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17881022-6

612. WILLIAM YOUNG was indicted for stealing, on the 12th of August last, one iron saw, value 4 s. the goods of John King , and one other iron saw, value 5 s. the property of William Wanford .

JOHN KING sworn.

I am a carpenter ; on the 12th of August, I lost a saw from my master's shop, in Fleet-lane ; I had it on the 12th, at seven in the evening, and left it in the shop, and when I came to work in the morning, it was gone; it was found on the prisoner the next morning.

THOMAS COLLINS sworn.

I am a constable; I took the prisoner on the 13th of August, about eight o'clock in the morning, at an old iron shop in Cow-cross; I saw him there, and had suspicion of him; he had a bag; I asked him what he had in it, and he said, nothing; I searched the beg, and found three saws, he said, a man had given them to him to sell; I found out whose they were, on the 15th; I have had the saws ever since.

WILLIAM WANFORD sworn.

I lost a saw at the same time King did, from the shop in Fleet-lane.

(Both the saws produced, and sworn to, by King and Wanford.)

JAMES BARTLETON sworn.

I am a butcher, and have known the prisoner about fifteen years; I have employed him at different times, and always found him honest.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17881022-7

613. EDWARD JOHNSON was indicted for stealing, on the 25th of September , one silver table-spoon, value 10 s. the property of James Rowley and John Leach .

JOHN LEACH sworn.

I only can prove the property.

GEORGE CLARKE sworn.

I am a waiter at the London coffee-house , which is kept by Mr. Rowley and Mr. Leach; on the 25th of September, the prisoner and another man came in, and called for two basons of soup when they went out, I missed a silver spoon; I followed the prisoner, and took the spoon out of his pocket, and dragged him back into the coffee-room.

(The spoon produced and deposed to.)

PRISONER's DEFENCE.

The waiter followed me, and put the spoon in my pocket, and took me back, and then took it out of my pocket; I knew nothing of it.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17881022-8

614. JOHN TYRIE otherwise CHARLES BOYD was indicted for stealing, on the 29th of September , one mahogany knife-case, value 10 s. the goods of John Russell .

The prosecutor not appearing, being called on their recognizance the prisoner was ACQUITTED .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17881022-9

615. JOHN WATERS was indicted for stealing, on the 1st of October , four pair of cotton stockings, value 15 s. the property of Thomas Reed .

THOMAS REED sworn.

The prisoner was a servant of mine; I am a hosier , and live at No. 2, Cheapside ;

he had lived with me some months; the stockings were found by my shopman, in a hat-box, concealed in the prisoner's bed; I saw them taken out; the bed is in the counter in the shop, where the prisoner used to sleep; my shopman had lost half a guinea, and he suspected the prisoner, having seen him doing something about the bed, which induced him to search, and he there found the stockings; I spoke to the boy, and asked him what he put the stockings there for; he said, he wanted to shew them to his mother, to buy him some of the same sort, as the shopman had refused to sell him any.

ANN WATERS sworn.

I am a sister of the prisoner's; he always, in all his places, bore a good character.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17881022-10

616. STANER WESTON was indicted for stealing, on the 19th of September , one silver table-spoon, value 5 s. the property of Dorothy Wright .

RICHARD WRIGHT sworn.

The prisoner came to our house; the Four Swans, in Bishopsgate-street ; it was in the morning, about ten; he said, he was to wait for his master till the next morning; that his master was going by the Colchester coach; he dined at our house.

DOROTHY WRIGHT sworn.

I can only prove the property; on the 19th of September, just after dinner, between two and three, we lost a spoon; the prisoner had not been gone out above five minutes, before the spoon was missed; I sent the boot-cleaner, William Rowney , after the prisoner, who brought him back; I saw the spoon after it was taken from the prisoner, and given to Baker.

MARGARET SUTHERLAND sworn.

The prisoner came to our house on the 19th; and said, he was to stay for his master; after dinner he went to wash his hands in the wash-house, where there were two silver spoons; he then went out, and about five minutes after, I missed one of the spoons.

WILLIAM ROWNEY sworn.

I went after the prisoner, and took him in the Minories; I told him, he had not paid for his dinner; he said, he knew what I was coming for; when we got back, he asked me to take the spoon; I said, no, you had better deliver it up yourself; he said, he had taken the spoon to sell, to buy him a pair of breeches; the constable was sent for; and I saw the spoon given to Mr. Baker.

- BAKER sworn.

The prisoner confessed his having stole the spoon, and he delivered it to me, at Mrs. Wrights; I gave it to the constable.

A CONSTABLE sworn.

I have had the spoon ever since.

(The spoon produced and deposed to.)

PRISONER's DEFENCE.

I found the spoon.

JOHN BELL sworn.

I am a waterman; the boy is an apprentice to a waterman and lighterman ; he is seventeen years of age; he is a distressed lad; he has an estate of a hundred and fifty pounds a year; and the executor will do nothing for him.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17881022-11

617. BENJAMIN PALE was indicted for stealing, on the 3d of October ,

one piece of Irish linen cloth, containing twenty five yards, value 25 s. and two yards and a half of woollen cloth, value 12 s. the property of David Jones .

- HARWOOD sworn.

On the 3d of October last, a person came, a young man, not the prisoner; he asked for Mr. Jones; it was about dusk; about six; I was shutting up shop; I said, this was it; he told me, it was Mr. Jones's, of Aldgate; I pointed him to Aldgate; and I turned round, and saw the prisoner turn the corner of St. Helen's , with two bundles; I went after him, and laid hold of him; some of his companions pushed the prisoner from me; he got away; I kept the goods; he was pursued, and taken; he was out my fight, but I am sure he was the same; he was taken in two or three minutes; I put the things down in the shop, and they were given in charge to the constable; they were the same things I took from the prisoner.

BENJAMIN BEST sworn.

I took the prisoner in St. Helen's; and as soon as I came, some people took him away; he was never out of my sight; I am sure he is the same my lad had hold of.

FRANCIS BAYLEY sworn.

I received these things in Mr. Jones's shop; Harwood was there; I marked each of them, and gave them to Mr. Jones.

Jones. I delivered them to Harwood.

Harwood. I have had them ever since.

(Deposed to.)

PRISONER's DEFENCE.

I was walking along St. Helen's, and somebody run by, and knocked me down, and they took me.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17881022-12

618. THOMAS TUCKER was indicted for burglariously and feloniously 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. a live tame duck, value 18 d. two hempen sacks, value 2 s. two linen cloths, value 6 s. one iron scraper, value 2 d. a hair brush, value 2 d. a wooden shovel, value 2 d. her property .

MARGARET ALLEN sworn.

I am a widow, and chimney-sweeper ; I live at Hampstead ; I keep a house there; it is my house; I rent it myself; I went to bed about eleven o'clock, on the night of the 14th of July last; I have two boy-servants, and myself; the geese were in the stable; there were eleven of them; and I locked them up at half past seven; I counted them before I locked them up; I locked up the duck in a closet, adjoining to the chimney in the dwelling-house; she had young ones; and I brought her in because of the warmth; the two sacks were in an out-house; I put them there the same evening; the two chimney-cloths were along with the sacks in the out-house; the brushes and shovels were in the outhouse with the rest of the tools.

Is the out-house under the same roof as the dwelling-house? - It is, and there is a door to the out-house without going through the dwelling-house; so is the stable; there is a door which goes from the dwelling-house to the out-house; I shut the house before I went to bed; I had shut the door with a bolt, and a lock, and the shutters with pins, and inside shutters; I got up at five to go to work, and I missed the things mentioned in the indictment; I found the door open where I had put the duck; I found the young ducklings left in the closet; I found the geese had been killed, and that all the blood was running about the place; I observed that the lock was wrenched; the staple was wrenched to pieces, and the blood was in the stable; there was no blood there before

I went to bed; there was a great deal of blood and feathers; I did not hear any noise in the night; I had bolted the bolt where the duck lay; the bolt was drawn back; that is all I know.

EDWARD WALKER sworn.

I am fourteen; I know the nature of an oath; I was apprentice to Mr. Hopwood, in Cock and Crown-court, Aldersgate-street; I left his service; and I lived with the prisoner, Tucker, about a week; the prisoner is a chimney-sweeper , so is Mr. Hopwood; I left the prisoner's service about half a year ago; I had no regular discharge; we parted by consent; and I went to the prisoner; I was not bound to him; about a week after I went, Tucker asked me how Mrs. Allen's place was fastened; I told the prisoner I had lived with her before; I said, it was fastened the same as other people's.

How did the conversation begin? - Mr. Tucker asked me, if Mrs. Allen was worth money; I said, no, a poor woman; and then he asked how the place was fastened; nothing passed after; and then Tucker, and Johnson, and another, whose name I do not know, I never saw him before, went out; this conversation was held in Thomas Tucker and William Johnson 's room in partnership, about one in the day; they lived in a court in Golden-lane; they did not come home till about four in the morning.

Court. What became of you afterwards? - I went up stairs; they lodged up one pair of stairs; I was in the house till ten at night, then I went to bed; I do not know what they were doing after they went out; about four in the morning, they all three came home to Tucker and Johnson's room; Tucker opened the door, came into the room to me, and told me to go to William Johnson 's mother; for she was wanted directly; he did not say what she was wanted for; I got up, and went there, in Whitecross-street; I went, and called her up, and told her she was wanted at Mr. Johnson's; I did not know what for; I was not told; then I returned, and Mr. Tucker gave me a chimney-cloth, and brush, and shovel, and scraper, to go out and see for some work, and I went; nothing more passed; I did not observe any thing that the prisoner brought with him; I was out from five till nine the same morning; when I returned, about nine, to Tucker and Johnson's room; I observed eleven geese and a duck, all dead; they laid in an open basket; Johnson was counting them; I knew them to be Mrs. Allen's, by being brought home in the foot-cloth, which I knew to be Mrs. Allen's; a cloth lay up in the room under the window; I took hold of it; it is marked with B. H. I knew it while I was with Mrs. Allen; and saw those letters on it then; I said nothing, but I took notice of it; when Johnson and Tucker went out, which was about two hours after, I saw the geese and ducks; afterwards Johnson came to me, to bring the cloth to a public-house, the Crown, the corner of the alley, and I did so; and there I gave that cloth to Mr. Tucker; he was waiting there; Johnson went with me.

Could you find out how the geese and duck had been killed? - Yes, they were cut just in the throat.

Had Tucker any candle with him when he came into the room? - No.

How did you know it was him? - It was a fine light morning; I heard the watchman go four, in about six minutes after I went down stairs; Mrs. Allen lived about four miles and a half off.

When did you first give any account of this transaction to any body? - Not till Mr. Isaacs came into the room, and searched the house, which was about four in the afternoon of the same day that I delivered the cloth to Tucker; they found two geese, and a brush, and shovel, and scraper; I gave no information; when they were searching the room, I did not know what they were about; I saw a woman come up into the room, and give Mr. Tucker and Johnson money for three of the geese; that was before Isaacs came; she paid three

shillings for them to Tucker and Johnson; I was present.

Had you any share of it yourself? - No.

When Tucker asked you how Allen's house was fastened, what did you understand by that question? - I thought nothing at all of it till the morning; I saw Johnson's mother carry out three more geese; I do not know what became of the remainder.

Prisoner. He is trying to take my life, and I would as soon resign my life as live in this world, for I have lost my character by this man that took me up.

WILLIAM WATTS sworn.

I live at Hampstead with Mrs. Allen, and did so when she lost these things; I am a chimney-sweeper; I can swear to my mistress's tools; they were put by me, the night before, in the back place; my mistress was present; I have heard her account; I never saw any thing of them again, till Mr. Isaacs brought them to the justices.

- ISAACS sworn.

I am a constable; the prisoner, Tucker, was indicted at the last session with Johnson, who was then convicted; on the 15th of July last, I searched the room of Tucker and Johnson; they had one room between them; I do not know who kept the house; it is in a little court, near Golden-lane, called the Wooden World; I only know that Tucker lodged there by this lad's information, which he told before the magistrate; I found at this room, this chimney-cloth, and two sacks, and one goose in the closet, wrapped up in some paper; and another goose we found at the baker's.

Had the one you found the feathers on? - No, but it was very dirty and sooty all over; in consequence of that, this man had made his escape last session; we went down to Oatlands last month, the 29th or 30th, of a Tuesday; and we brought him to town; he was examined and committed for trial.

WILLIAM BRACKNEY sworn.

I am a constable; I was with Isaacs when he found the things; I know nothing more; the goose was wrapped up in a piece of paper in the closet; the cloths lay in the middle of the room; I went with Isaacs and Redgrave to apprehend the prisoner.

JONATHAN REDGRAVE sworn.

I only went with the other officers to apprehend the prisoner.

(The cloth produced by Isaacs, and a basket which had some feathers in it.)

The scraper, brush, and shovel, were not found.

(The cloth deposed to by Mrs. Allen.)

I know it by three pieces that I put on myself to mend it; there is no other mark.

Court. Are there any letters of your name? - No.

Isaacs. Here are the sacks.

(Produced and deposed to.)

Mrs. Allen. One of them has a slit at the bottom, and is not hemmed at the top; I described them, before I saw them at the justices, by those marks, both the cloth and sacks.

Court. Then there is no mark of B. H. on it? - No, there was such a cloth, but it was sold; I recollect the mark.

William Watts . I remember one of the sacks that was patched, and turned upsidedown; I knew the other cloth; it, and the shovel, and scraper, were marked B. H.

PRISONER's DEFENCE.

My Lord, Bill Johnson was in my room that afternoon, and he asked me to take a walk, and I would not, for I said, I must be up in the morning; I staid drinking at the public-house till twelve; then I would not go home to disturb my neighbours; and I went about from one house to another till four in the morning; then I went to my room to call my boy, and I saw Johnson with a sack, with something

in it, on the stairs; he said, he was going up into my room; he said, he had a present made of them from a relation, and he wanted me to sell them; I told him, he must sell his own property; it was not mine, but all his; and it was not my room.

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

GUILTY Of stealing to the value of 39 s .

Transported for seven years .

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

Reference Number: t17881022-13

619. WILLIAM COLLARD and ROBERT ANDREWS were indicted for feloniously breaking and entering the dwelling-house of James Season , about the hour of twelve in the forenoon of the 26th day of September last; Hannah, his wife, and Frances Chapman , spinster, then being therein, and stealing a pair of base metal candlesticks, plated with silver, value 5 s. a silver cruet-stand, value 30 s. five glass cruets, with silver tops, value 12 s. four large silver table-spoons, value 30 s. a base metal cross stand, plated with silver, value 30 s. two base metal candlestick tops, plated with silver, value 12 d. four silver tea-spoons, value 6 s. a small silver salt ladle, value 1 s. two silver salt cellars, value 10 s. a pair of silver tea-tongs, value 5 s. and a cocoa nut cup, mounted with silver, value 10 s. his property .

JAMES SEASON sworn.

I am of no trade or employment; I live in the lane leading from Newington-green to Kingsland turnpike, in the parish of Hornsey; I was in the house at the time it was broke open; and Frances Chapman , and Hannah Season ; the house was broke open on the 26th of September last, at twelve at noon; the street-door was fastened; we have two parlours; I was in the parlour on the left-hand, playing on a guittar, and singing, while they broke open the other parlour; I knew it was fast, by reason, I opened it to pursue the prisoner; my servant, Frances Chapman , went from the other parlour to the kitchen to fetch some rubbers to rub the furniture; she came up from the kitchen, and said, sir, there is a man getting out of the window; I directly sprung from the sofa, and opened the door.

How was the door then? - The street-door was fast; I opened it, and pursued, and called stop thief! twice; and I saw the two prisoners run towards Kingsland turnpike, and when I saw them run, I called, fire, fire, says I, with a bold voice; for in the room where they committed the robbery, there is a number of fire-arms; then they turned round back at me; when I called fire, they threw the property from them.

You said that to intimidate them? - Yes, Collard was the right-hand man; he threw the property away which he had; and Andrews was the left-hand man; he had property, and threw it away likewise; then they crossed each other; the property was taken up by the pursuers; they are here; I think we run near half a mile; I pursued them myself; I called stop thief till they were pursued; we lost Andrews, as we supposed, in a ditch; we over run him; Collard was taken, I suppose, in twenty minutes.

Was he out of your sight? - In the last field that we went over he was out of my sight, I suppose, for seven minutes, or hardly so long; I am certain of him; I knew the man before.

Did you know Andrews before? - I did not.

Was Andrews taken that day? - Not till the day following; I saw him then at the Magpie, Clerkenwell; he was in custody; they had taken him that morning; I knew him again well, by reason, when I called fire, I brought him round three times.

Have you so full a knowledge of him, as safely to swear to him? - Yes, I had a full sight of him; this is the implement, that we suppose, they opened the window with; this is the piece of the sash that was broke at the bottom; I suppose, I had been in the parlour ten minutes before; for it was a rainy day; I had been in the garden with the gardener; and I went into the parlour; and seeing the guittar, I played a tune; I observed the windows then, they were down.

Were they fastened? - Why there is a doubt, whether the window, that they came in at, was fastened or not.

Mr. Garrow objected that the indictment did not charge this witness to be in the room, where he said he was, but it was over-ruled.

Mr. Season. This screw-driver, which was made use of, as it appears by the sash, to wrench the side sash up; this we found on the road that they went.

Are you clear the window was down? - It was, but I cannot say for the screw.

Who took up the property? - The different people that are here; I took up some of them; this cruel was broke before; and when we took Collard, his hand was bloody.

Mr. Garrow. Andrews was not found till the next day? - No.

What distance had the persons got from the house before you came in sight of them? - I suppose ten yards; these are the shoes we picked up in the road; Andrews was without shoes; he runs lane.

You was present when Andrews was examined the next day? - I was.

Did you examine his stockings? - I did.

Was it you, or your brother, that had the prosecution here lately, for stealing a spoon out of his house; your brother is a thief-taker, that lives on Clerkenwell-green? - Exactly so; I saw Andrews and my brother the next day.

Do you remember your brother examining his stockings, to see if they were muddy? - I do not recollect his examining there, but at Justice Blackborrow's I do, and they were not dirty; that is what you wish to know; I see your object, he had a new pair of shoes on which I told him he was wrong in wearing.

I dare say you was as witty then as you are upon all occasions? - Upon my honor you are very polite.

I wish to know what you are; you say you are of no trade, business, or profession? - I supplied the army with marquee tents, shirts, shoes, stockings, and sundries, &c. during the war.

A contractor? - Yes.

Then your brother perhaps took Andrews? - He did.

FRANCES CHAPMAN sworn.

I am servant to Mr. Season; I was cleaning the room where the property was taken from, and I went down stairs to get a duster and several things to run the furniture, but when I came up again there was a man going out of the window, I told Mr. Season, he was in the next room playing on the guittar; I saw two men running down the lane.

Look at the prisoners? - William Collard was one of them, he was running down the lane.

Was he the person you saw going out of the window? - It was a person with a light coloured coat, I cannot say it was he other prisoner, I did not see the other then; I cannot say where he was then, when I went out with Mr Season, that person in the light coloured coat was running down the lane with William Collard , that was about a minute afterwards; we run out directly.

Court to Prosecutor. What coloured coat had that man on? - Collard had a brown coloured coat on, the other had a light coloured coat on.

Before you went into the kitchen, did you observe whether the windows were shut or open? - The windows were all shut down.

Did you examine the windows after? - The window was then wide open, and the screw lay in the middle of the room.

Did you observe any of the property that was lost, in the room before you had left it? - The property was in the room before I went down stairs, upon the sideboard; this was the dining-parlour where the property was taken from.

When you saw this man in the light coloured coat going out of the window, did you observe whether he had any thing in his hand? - No.

Mr. Garrow. The man that was with Collard had a light coloured coat on, that you are sure of? - I am.

NATHAN JEFFERIES sworn.

I am a constable; when the prisoner was brought to the gentleman's house, they sent for me to take him into custody, that was Collard; I searched him, and found none of the property, nor any thing upon him.

WILLIAM JEFFERIES sworn.

I am apprentice to the last witness; I saw William Collard throw away two candlesticks in the lane, and I do not know who picked them up.

Upon what occasion did he appear to throw them away? - He was running.

Did you see the occasion of his running? - Mr. Season halloo'd out, fire!

Did you see any body in company with him? - I saw Andrews.

Did you know him before? - No, I only saw him running.

Do you know him now? - Yes, this is him.

Are you sure that is the man? - No, I am not sure; I knew Collard before.

Mr. Knowlys. Did you go back to Mr. Season's house when Collard was taken? - Yes.

GEORGE ARNOLD sworn.

I am a day-labouring man; the prosecutor came through the fields where I was sitting eating my dinner, he was crying, stop thief! I jumped up, and the prisoner Collard came across the fields; I did not know him before, I know him now, he is the same man; I saw nothing found upon him after they look him; I saw nothing thrown away.

Prosecutor. When the hue and cry was, they were picked up by different people; I picked up one silver table spoon; I kept my eye upon the prisoner in the pursuit; I do not know the spoon among the rest, these different things were brought in by different people in the pursuit.

Chapman. While we were in pursuit of the prisoner several people picked up different things, and I picked up these candlesticks; they are two plated candlesticks, they were in some old buildings that was broke down by Mr. Season's, in the lane.

How far were these old buildings from the path that they took? - It was just by Mr. Season's house.

What distance? - I do not think above twenty yards.

What distance was the place where you found the things from the path where they ran? - Not above a yard; these are my master's candlesticks, I have known them above nine months, I have been used to clean them, there is no mark upon them; and this set of glass castors with silver tops and silver stand, and these two table spoons I found in this pocket handkerchief; in the next building adjoining it is some old stables which have been pulled down.

Did this empty building lay open, so that any thing could be thrown into it? - Yes, the front of the building was wide, and mostly down; it was near the path where the men went, close by; I saw such things as these on the side-board in the parlour; I missed them on giving the alarm.

Mr. Garrow to Prosecutor. About what time was this? - As near twelve as could be.

For the Prisoner Andrews.

JOHN PUCKERIDGE sworn.

I am a watchmaker.

Have you any employment besides that? - No, Sir, my father is clerk to St. Sepulchre's, and I am in business with him.

How long have you known the defendant Andrews? - For these seven, eight or nine years to the best of my knowledge; on the 26th of September and the 25th, I know where he was; Thursday was the 25th and Friday was the 26th; on Thursday, the 25th of September last, the prisoner Andrews and me went to Waltham statute, or fair; we had not an opportunity of coming back that night, we were obligated to lay there that night; on Friday morning the 26th, we had our breakfast there, and we set off for town from Waltham between eight and nine, I think, to the best of my knowledge, we walked all the way; we breakfasted on the road between Waltham Abbey Church and the Cross, at a private house, where they accommodated people going to the fair; the name of the place was Waltham Abbey.

What time did you leave that? - I believe it was about half past nine; we came on towards Enfield Wash; we stopped when we came to the other side of Enfield highway; I cannot recollect the sign.

When did you leave the prisoner Andrews? - After we came out of this house, we stopped and had a pot of beer, and bread and cheese, and smoked a pipe, it was about ten, I think it was just upon ten, and we staid there till near eleven; I came with him over Enfield highway, and about the middle of it I met a friend of mine, and returned, and the prisoner Andrews at the bar, walked on; I did not think of staying, when I returned with this acquaintance, but I did not return to him; I parted company with him about eleven.

Do you know the other prisoner Collard? - No.

He was not in company at that time? - No.

What coloured coat had Andrews on? - A blue coat during the time I was with him, from Thursday morning till Friday morning eleven o'clock, he had the same coat on he has now; I swear he had not a light coloured coat; I never heard any harm of the man; I never knew any blemish in his character.

Court. Where do you live? - No. 72, Snow-hill.

What was your errand to this fair? - For a bit of frolick.

Where about does Andrews live? - In Beech-lane.

What is he? - A printer.

Where did you set out from? - We went over Stamford Hill.

You had no business there? - No, only out of frolick; I never had been to see the fair.

Did you ever appear before the justice? - No, Sir.

When did you first know of his being taken up? - I heard of it on the Saturday, I believe, or Sunday morning, I will not be sure.

When was the first application made to you to come here, and by whom? - I believe it is four or five days since.

You never was applied to before about this business? - Not to my knowledge.

MARY NIXON sworn.

I keep the Roebuck public-house, at Tottenham or Lower Edmonton.

What distance is that place from Newington-green? - I believe it to be four miles, or four miles and a half.

Did you ever see the prisoner Andrews at your house? - Yes.

When was it? - The 26th of September.

What time did he come to your house? - Rather before twelve.

How long did he stay there - Till one.

Had he any refreshment at your house? - Yes, he had some calf's heart and liver; that was on Friday the 26th, I am sure of the day.

What makes you remember that it was that time of the day? - My children came from school at the time I was getting the victuals for the prisoner, and they came from school at twelve.

What makes you remember their coming from school? - Their coming after me for their dinner, supposing it was for them.

You are sure he is the young man that came? - Yes.

Who is Benjamin Pigot ? do you know him? - Yes.

What is he? - He assists the coachman in the stable; he is here.

Court. How do you know it was exactly the 26th of September? - It was Waltham Statute, a day very remarkable.

What coloured coat had he on? - A blue coat, such a coat as that, and that is the same gentleman; I am sure it was not a light coat.

Did you know him before? - Not till that day, I do not remember ever seeing him before.

When were you first applied to about this matter? - I do not know; about a fortnight ago.

You have a perfect recollection? - Yes.

And you never saw him before? - No.

What was there remarkable in this business? I suppose you have a great many come to your house? - They came in very wet and dirty, and had some refreshment.

Who do you mean by they? - The person that was with him.

Who was with him? - I do not know.

Was it that prisoner there (Collard)? - No, I do not remember him.

BENJAMIN PIGOT sworn.

I have been coachman, I am out of place, I was assistant to Mrs. Nixon, the 26th of December last.

How long is that ago? - It was Waltham Statute day.

Do you remember seeing any body that is here now at the house, look round and see? - I saw the prisoner who is now in a blue coat (Andrews); I saw him at the house of Mrs. Nixon; there was him and another coming up the road, and they had a glass of gin, I believe, at the bar first, they were rather wet; then they sat down, and had some calf's heart and liver fried: they came in rather before twelve, they staid there till one or after.

How many were together? - There were three in company.

Do you know any body else that was with him? do you know that young man in black (the prisoner Collard)? - No, I cannot say I do; I do not think he was one of them; I am sure to the prisoner Andrews, and I am sure to the time of day, on account of the children coming from school.

Court. How came you to know the day of the month? - Because Waltham fair is the 25th, and the Statute day the 26th.

Do you know what day of the month it is now? - No, I do not keep it in my head.

Do you know what month it is now? - No, I do not.

Mr. Garrow. Are you sure it was Waltham Statute day? - I am very sure of it.

Court. Do you know Edmonton fair? - Yes, that was the week before.

What day of the month is that? - I do not know; I do not keep it in my head, I do not take any observation but from one day to another.

Do you know Epping fair? - I have heard talk of it.

Was you ever at Tottenham fair? - I have heard of it; I happened to be there at the time as my master that I look after some horses for, happened to be gone to Waltham Statute, with a cart and a little horse.

Are you sure it was the 26th of December? - It was the 26th of December, on the Friday.

How came you to know what month it was? it was not the 26th of August? - No.

Nor the 26th of October? - No.

Was not it the 26th of September? - No, it was the 26th of December.

It was not the 26th of September, but the 26th of December? - The 26th of December.

The fair and the statute day are the same? - No, the fair is one day, and the statute is the other.

Court to James Season . You were present when Andrews was apprehended? - Yes.

Was you present when he was taken before the Justice? - I saw him at the Magpie at Newington-green, for the first time, the day after the robbery.

Did he give any account of himself? - I do not know what he said, he said he was innocent; that was the whole account of both of them.

Court to Benj. Pigot . Has your mistress any children? - Four.

Were any of the children present at this time? - Yes, they just came from school, and came up to their mammy, as she was frying their victuals, and asked her,

"Mammy, is this our dinner?" and she said, No, keep away, have you brought your work home? or something of that kind.

Mr. Garrow. What age are the children? - I cannot say.

To Mrs. Nixon. How old is your eldest child? - Five years.

Mr. Garrow. They are not fit to be witnesses then.

The prisoner Andrews called five witnesses, who all gave him a very good character, and one of them offered to take him into his service again.

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

WILL. COLLARD, GUILTY , Death .

ROBERT ANDREWS , NOT GUILTY .

Court to Rob. Andrews . I hope now you are sensible of the value of a good character; it has been of use to you, and I hope you will do nothing to forfeit it.

The prisoner Collard was humbly recommended to mercy by the prosecutor.

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

Reference Number: t17881022-14

620. RICHARD DUNN was indicted for that he, on the 21st of September last, with a certain pistol, loaded with gunpowder and leaden bullets, unlawfully, wilfully, maliciously, and feloniously, did shoot at one John Everton , being in the king's highway, against the statute, and against the peace .

JOHN EVERTON sworn.

I was coming down the King's-road , the 21st of September, a little after ten o'clock in the morning, and the man that is here present was reading what was wrote on the shutter of the prisoner's door; I said to the man that was reading, I wonder who would trust him a pound of pork chops or veal cutlets; because there was wrote on the door,

"Pork chops and veal cutlets, and coffee and tea;" I did not say so to Mr. Dunn; Dunn came out at the time, and asked me what rascal I was, and he told me, if I did not go about my business, he would kick my a - ; and I immediately went on, and he followed me; I turned back and said to him, if you want to kick my a - , you may do that as soon as you please; and he went in doors, and fetched out an old umbrella.

How came you to turn back? - He was not above five or six steps on from the door, and he asked me if I would not go with the old umbrella; I do not know whereto; I asked him what I was to go with it for; and he said, d - n you, if you don't like that, I will fetch something that shall make you; and he went in again, and fetched out a pistol, and concealed it under his coat, and with no ceremony at all held it up to my head, and fired it at me immediately.

How near did he clap it to your head? - As near as I can guess, it might be within half a foot, the powder is all lodged in my face.

Did he point it towards your head? - Yes, close against my head, pretty well, and he said, d - mn you, if you don't like that, you shall have another; I immediately caught him by the collar.

What became of the ball? - It hit the wall, because it made a hole, as the prisoner owned himself, it hit the wall; the pistol is in court; the pistol was fired with the cook upright, and the ball glanced; it was not so certain of hitting; I did not know there was a ball in it, till he took my hat off the next morning at the headborough's house, and asked me whether there was not a hole in it; I took him down to the constable.

What reason have you to think there was a ball in the pistol? - He said, when he loaded it, he knew he had loaded it with ball.

What did he say? - He said, he knew when he loaded it, three months before, he loaded it with ball, and he did not take it out; if any body took it out, it must be somebody else, not him; he told me he expected me to drop dead at his feet.

Did you know the prisoner before at all? - I have seen him by passing his house every day with my borrow of bread; I never served him with any thing, never exchanged a word with him. I saw the hole in the wall the next day; the justice desired me to look, and there is a hole quite fresh in the middle of the brick, I never measured it; it must be half an inch in.

Whereabouts did you stand, and where did he stand? - It rather glanced on the right where he fired, not quite with an upright, where I stood; it hit me on the left side of my face.

How far were you from the wall? - As far as the wainscot behind you; there was room, for one carriage to pass.

Where was he? - At his own gate; there might be room for two carriages; the whole was right opposite his gate.

Was the prisoner drunk or sober at the time? - I cannot say; he had no appearance of being in liquor; William Leadbeater was present.

WILLIAM LEADBEATER sworn.

I was walking in the King's road, a quarter past ten, on Sunday morning the 21st of September; I saw something written on this Dunn's window, it was

"Pork chops, veal cutlets, tea and coffee;" this young man, the prosecutor, came, and said, what do you read that for, I wonder who will trust him with a pound of pork chops or veal cutlets; the prisoner was coming from the milk-man's to his house; he says, what rascal are you? if you do not go about your business I will kick your a - e; Dunn followed him, and the prisoner turned round, and said, he should not have all the trouble himself, he would meet him; and instead of kicking him, he went into his own house, and brought out an old umbrella; says he, I will take you before your betters, you dog; will not you go with this? says he, why should I? then says Dunn, I will fetch something that shall make you go; he fetched a pistol, and put his hand out, and fired at him directly; I suppose it might be about four feet from him, with his arm; I suppose the pistol might be about a foot and a quarter from his check; he did not present it at him, but only pulled it out, and fired it directly strait at his head, as level as ever it could be; I do not know how it could escape; he said, he loaded it about three months ago, with ball, and he expected to see the man fall dead at his feet.

But from the manner in which the pistol went off, did you conceive there was a ball in it? - I cannot say that I did; there was no appearance of a ball; I thought the young man was dead, but he rather recovered himself; Dunn said, he would go and fetch another.

Are you any judge of firing off a gun or a pistol? - I never let one off in my life; I do not know from the report; I had no other reason for thinking so afterwards, but what he said himself; he said, the piece had never been moved; to the best of his knowledge, since he put a ball in it, that was three months ago; I never saw either of the men before to the best of my knowledge.

PRISONER's DEFENCE.

I stood in my own defence; this man

threatened to knock the down, and afterwards rob me of my pistol; he was rescued by another man of the name of Wise, a milk-man; I told him at first, if he did not go about his business, I would take him before a justice of the peace; he swore he would murder me; had he attempted to go away, I should not have fired at him; but he still was as fierce as a bull-dog; therefore I fired a pistol in my own defence; he accosted me.

Court. But this young man was unarmed? - He offered violence, and bent his fist, and threatened me; I did not know what to do, any further than to fly to my arms; I loaded the pistol myself, to defend my person and property, three months before that, with a ball; and I slept with it constantly. I have been confined in prison four weeks last Sunday, with nothing to lie on but the ground; I have no money, no friends, and no witnesses; I knew a great many gentlemen in town; I think I have done what I had a right to do against any thief or murderer that came to my house; I think every person has a right to guard their own property, and particularly at home against strangers; I told him to go about his business; I threatened to take him before a justice of peace; when I took out the umbrella, which was as much as a bludgeon, he made no defence; when I fetched out the pistol, he never resisted; after I had fired at him, I saw I had not hurt him; I took him by the collar, and one Mr. Wise came and kicked up my heels, and was thrusting his hand into my breeches pocket, where I had a gold locket; I gave charge of the man to the constable.

Court to Leadbeater. Did Everton the baker offer to strike this man, or offer any violence? - He never offered any such thing.

Court to Prisoner. You seem to have been totally insensible of your danger? - Every person has a right to guard their own house.

Court. You have made a fatal mistake in the law, I am afraid? - Let the law take its course then; there had better be no law if that is the case.

Court. Gentlemen of the Jury, the prisoner, Richard Dunn , is indicted for feloniously shooting at John Everton , with a pistol, loaded with powder and ball; three things are essential to this offence; first, that the shooting should be at the person, with a manifest intention of killing him; next, that the pistol should be loaded; and in the third place, that it should be maliciously done; if it was done with a manifest intention of doing a bodily harm to the person, and without any provocation, sufficient to justify such an act; if a person shoots as another, under circumstances which would make it murder, if the consequences of that shooting was the death of the party, then that shooting at him, with a pistol, loaded, and under such circumstances, will be within this act of parliament, but if the shooting was accompanied with circumstances that if it had produced death, would have reduced the crime to manslaughter; then I am of opinion, that it is not within this act of parliament; and that is the only reasonable construction that can be put on the word maliciously; for if we were to receive any stronger construction of the act than that, this monstrous absurdity would follow, that if would be a capital offence if the man was not killed, when under the same circumstances, it would not be a capital offence if the man was killed; under that direction, in point of law, you will attend to this evidence: the unfortunate man at the bar, seems to have been, down to the present moment, from some cause or another, very much misled, and very insensible to his present situation; and not to have considered that his life was in imminent danger, and to have had recourse to no friends; and he is under a fatal mistake in point of law, in supposing that the misconduct, for such it certainly was, in the prosecutor, who behaved saucily and impudently without cause, would justify the killing him; but there is no degree of compassion to the state of the prisoner, can

possibly lead us so far as to give him that indulgence which he has taken in the construction of the law.

NOT GUILTY .

Court to Prisoner. You have had a very narrow escape of your life, and are considerably indebted to the clemency of the jury for your acquittal; if they had found you guilty, you must have suffered death for it; for the law does not mitigate an offence of this kind upon any provocation less than that which renders self-defence necessary; I hope therefore, you will in future, correct that mistake you seem to have laboured under, and will restrain your passions within the bounds of the law.

Prisoner. Sir, I would not wish to take any liberties more than necessary.

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17881022-15

621. JAMES DONALDSON was indicted for stealing, on the 17th day of October , one cotton waistcoat, value 2 s. a pair of ribbed cotton stockings, value 12 d. a pair of velveret breeches, value 20 s. two gold lace hat-bands, value 4 s. and two guineas, the property of George Powis , in the dwelling-house of Francis Barks .

GEORGE POWIS sworn.

I lost the things in the indictment from Mr. Barks's the Bricklayer's Arms, in Bond-street , where I lodged; I do not know his Christian name, the box was not taken away; I saw them in the box last Sunday was a week; the box was locked; I never saw the prisoner till he was taken; my waistcoat was taken off him.

Leonard Davis and William Blackiter apprehended the prisoner, and took from him, a pair of stockings, a guinea, and two half guineas, and the next morning they found a waistcoat on him.

Prosecutor. The prisoner slept in the same room with me, (deposes to the waistcoat) I know I lost a new guinea; I cannot swear to the money.

PRISONER's DEFENCE.

I lodged in the room, and I went up to shift myself; the candle dropped down, and I put this waistcoat on by mistake, and I put the stockings in my pocket in a mistake, and I came back that very night to deliver the things.

GUILTY, 39 s .

Transported for seven years .

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

Reference Number: t17881022-16

622. JOSEPH GARDENER was indicted for feloniously breaking and entering the dwelling-house of Thomas Coker , between the hours of four and six in the afternoon of the 22d of September , no person being therein, and stealing in the same dwelling-house, a woollen surtout coat, value 10 s. two pair of cotton stockings, value 12 d. and a handkerchief, value 12 d. his property .

THOMAS COKER sworn.

I live in White-hart-yard, Rosemary-lane ; my house was broke open on the 22d of September; I was out; I went out about four in the afternoon; I left nobody at home.

Who lives in the house besides yourself? - Tenants up stairs.

How do you know none of them were at home? - That I cannot say; I have no acquaintance with the people up stairs; I am but a tenant, no more than they; I had the lower part of the house.

Whose house is it? - The landlord's; I forget his name I declare; he does not live in the house; it is all let out in different tenements; they have nothing to do with one another.

What rooms have you? - Only one room; the door was locked, and the window shut.

Are you sure it was shut? - I believe the window was shut; for they did not open the window for two or three days before that, but I am not positive.

What time did you come home? - Between eight and nine, when I found my door locked as usual; I lost the things in the indictment; I went out to sell my goods; I left them in the room; it was a wet morning; I hung the coat on the back of the chair; the handkerchief and the stockings laid loose on the chair; I sent after the prisoner, and found him; I had a suspicion of him, because he did not come near me that evening; I knew him before; he lodged with me in the same

room; he is a sea-faring lad; I let him lay out of charity, because I thought he was out of bread; he had no key to the room; I never let him have any key; when I came home the window was as usual, shut down again; I suppose he went in at the window, and when he came out, he shut it down again.

When you went out, was the window shut or open? - It was shut, but I do not know whether it was fast; it was shut; he was taken in Gravel-lane, with my handkerchief, on the 22d of September, and he owned the fact; I was not present when he was taken; the man that took him sent for me to Gravel-lane; I went to the justices; there I found him, and my handkerchief upon him; he owned to the coat.

What did he say? - He said, he did take them things.

What excuse did he make? - I believe, he said, he took them for want, he did say so.

It was near nine when you went home? - Yes.

It was between four and five when you went out? - Yes, I cannot tell when they were taken out, but he said, he took them between six and seven.

(The examination handed to the Court.)

THOMAS COLE sworn.

I took the prisoner and found this silk handkerchief on him in New Gravel-lane; I know nothing but what he said; I am very confident no promise was made him, and I saw him sign the examination; I know Mr. Staples's hand writing, this is his; I saw the prisoner put his mark, he was sworn to the examination.

Are you sure of that? - Yes; quite sure.

Court. In that case it cannot be received.

THOMAS PINCHES sworn.

I live servant with Mr. Hart, No. 20, East Smithfield; a young man was coming towards me, on Monday, the 22d of September, between five and six, with a bundle under his arm; I asked him whether he wanted to buy, or sell? he said, he had a coat to sell; he came into the shop, and said seven shillings was the price; my master looked at it and asked him if it was his own? he said it was; he told him to try it on, and it fitted him; he offered him six shillings; I saw the money paid; this is the coat.

(Deposed to by Pinches and the Prosecutor.)

PRISONER's DEFENCE.

This man had another lodger, and he took the coat out and gave it me to sell it, and he gave me the handkerchief.

GUILTY, 10 d.

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17881022-17

623. GEORGE STAMPS was indicted for feloniously stealing on the 1st day of March last, fifteen dozen of harness buckles plated with silver, value 4 l. 11 s. two harness pieces, plated with silver, value 4 s. 6 d. and a piece of copper, plated with silver, the property of William Rabone , in his dwelling-house .

The prosecutor not being able to ascertain the property, the prisoner was ACQUITTED .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17881022-18

624. EDWARD BALDWIN was indicted for stealing, on the 26th of July last, twelve lamb skins, value 20 s. the property of William Gee .

NOT GUILTY .

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

Reference Number: t17881022-19

626. JOSHUA SOFTLY was indicted for feloniously assaulting Godfrey Thornton , Esq . on the king's highway, on the 26th day of March last, and putting him in corporal fear and danger of his life, and feloniously taking from his person and against his will, one gold watch, value 10 l. a gold watch chain, value 40 s. a brown chrystal seal set in gold, value 40 s. a cornelian pump seal set in gold, value 40 s. a tasset seal, value 5 s. a watch key, value 1 d. a silk purse, value 2 d. one guinea, and two shillings, and two copper half-pence, his property .

(The witnesses examined separate, by desire of Mr. Garrow, Prisoner's Counsel.)

GODFREY THORNTON Esq. sworn.

I was robbed on the 26th of March between nine and ten in the evening; I was coming from Barnet to London, two men passed me on a light easy canter; I was in a post chaise; they overtook, and past me just by the seven mile stone on Finchley Common ; in a very short time after they had rode past me, one of them come back, stopped the postillion, and came to the post-chaise, and let down the window, and he asked me for my money; I gave him a green silk purse, it might contain about two pounds; as far as I can recollect, there was a guinea and a few shillings, and a few halfpence; he then asked me for my watch, I told him I had no watch; I had laid it on one side; he then said, speaking rather stronger, and with more violence, that he insisted on having more money; I told him I had no more money; upon which, he put his hand to his breast, and was drawing out a pistol, the but end I saw; he spoke strong, I believe he might swear an oath, and said, he would have more money.

Court. He did not present a pistol when he first came up? - No; then I gave him my watch; driving on, at a small distance on the left hand, I perceived immediately another man on horseback standing by, which I supposed to be the man that rode in company with him; the other man was near the chaise, he was on horseback standing still, seeming to be looking on.

Was it a moon-light night? - No, I think not, it was not so light for me to ascertain the person; I cannot ascertain the person; I described the prisoner and the other man as to his dress, which I drew out the next day, but not to speak to his face; I gave information the next morning to Bow-street, and had this handbill printed, (handed up to the Court) the hand-bill was taken from my instructions; on and the 4th of October, I had notice that the prisoner was taken; it was on the Saturday; and on Monday the 6th, according to appointment, I went to Sir Sampson's, the prisoner was at the office, at the bar there; I described one man that robbed me, rode a light bay or man horse, with a blue surtout, and buttons of the same colour; and another man of shorter stature, who rode a bay horse, with light coloured clothes and metal buttons, they had both round hats; another man was produced to me of the name of Barret, who was shewn to me as the accomplice of this man, and my watch which was taken from me, at that time was produced, which watch I swore to, it is the same I lost; it is not exactly in the same state, the outside case is gone, and one seal, but the chain and two other seals, and the rest are the same; they correspond exactly.

Mr. Garrow. Mr. Thornton, you gave the information to Bow-street the very next day? - Yes.

And of course to publish the hand-bill as effectually as they thought necessary? - Yes.

That was the 27th of March? - Yes.

From that time till the 4th of October, you never heard any thing of your watch? - No.

Was there any advertisement in the newspapers? - I believe not; not as far as I know.

JOHN BATES sworn.

The prisoner and John Barrett came to

the stables together; I cannot say what time; it was in the long days, when it was not dark much before nine or ten; they came to Mr. Hartley's stables; Barrett was coachman to Hartley.

Court. Then it was some time in the summer? - Yes, between six and seven o'clock; Mr. Barrett in the presence of the prisoner told me to saddle Mr. Hartley's two saddle horses.

Court. How long have you lived with Mr. Hartley? - I have been there six or seven months; I came there just after they went out of town, which is about nine weeks ago, and it was a month or six weeks before that.

ARCHIBALD RUTHWIN sworn.

On the 3d of July in the morning, I believe it was ten, I went with Shallard and a gentleman, and he shewed me John Barret ; we took him there, and kept him till his master came; on the 3d of October I apprehended the prisoner on Barret's information; I did not know any thing then of Mr. Thornton's robbery: on the same evening, I told Sir Sampson I had taken a watch; and he referred to the book, and found the name, seal, and every thing corresponded; I got the watch from the prisoner; in endeavouring to take him we had a scuffle; he was down, and I told him to get up like a man, and we would not hurt him; we took him by the collar and got him up again; it was near dusk; Macmanus says, Archy, he has a knife; I put my other hand to wrest his right hand away from the knife; some man took the knife out; during the scuffle the prisoner by some means whipped his hand behind him, and I got hold of a chain of a watch.

Court. Was the watch in his hand then? - Yes; there was some other person had hold of his hand at the same time, but who he was I do not know; this is the watch I got hold of; it was as it is now, without an outside case; it has been in my possession ever since; I never saw it only during the time I was putting it into my pocket; when Sir Sampson asked him whose watch it was; he said it was his grandfather's; then Sir Sampson asked him how long he had had it, and he said, in March last, that his grandfather had given it to him; we went to the lodging immediately, and on his wife we found this green purse; we watched him out of the house; he acknowledged her as his wife in the publick-house.

Prosecutor. I cannot pretend to swear to the purse, it was such a purse as that, of that shape; it was a close purse; there is one particular circumstance about the watch, which is, the cap is silver; it was a silver watch, and I had it cased with gold; the seals, two of them, and the chain are mine; I can swear to them.

Mr. Garrow. Barrett was in custody for robbing his master? - Yes.

Of a saddle? - Yes.

He was charged with many other robberies? - He was.

When he was under examination, I take it for granted, he was advised to make an ample confession, and become a witness for the crown, to save himself from being hanged? - He was.

Then he charged the prisoner? - Yes.

Barrett appears to have been in a constant course of highway robberies? - Before he was apprehended, for four months back, he had been out of town with his master.

Otherwise, whenever he was at leisure, he used to go on Finchley-common? - Yes.

JOHN BARRETT sworn.

The prisoner came to me one night about the 26th of March, and proposed to me to go out robbing with him; likewise, we went on Finchley-common almost to the far side; and returning back, we heard a post chaise coming; I went on forward, and Softley staid behind me, and robbed the chaise; I was at a little distance before.

Did you stand still, or go on? - Why, I kept walking on slowly.

You did not stand still then? - No, I kept walking on very slowly; afterwards

the chaise passed me, and he gallopped up to me, and said, he had robbed the post-chaise of so much, but he did not know what he had got; he had got a purse: likewise, when he came home, he looked in the purse and found about twenty-five shillings, what he told me, and some half-pence.

Any gold? - There was a guinea, some shillings and some half-pence; he did not shew me the purse, not then present, and then he gave me eleven or twelve shillings.

Did you see the gentleman that was in the chaise? - I saw him pass me.

Do you know him by sight? - Yes, I think I know him.

What sort of a light was it? - A lightish night.

Moon-light? - It was a little; I could see who there was in the carriage.

How many were there in the carriage? - I could not see hardly who there was in the carriage, but I could see that gentleman very well.

Did you stop to observe who was in the carriage? - I kept walking on, but looked earnest at the carriage as it came by me; I went very slow, as slow as the horse could walk.

Could you know the gentleman again at that time of night? - Yes.

What sort of gentleman was it? - He was a fat gentleman.

What coloured clothes? - I really cannot say what coloured clothes he had on, but I saw his face.

Do you see the gentleman here any where? - Yes, there he sits.

Mr. Garrow. Your Lordship recollects he was in Court when Mr. Thornton began to be examined.

Court. Did the prisoner shew you any thing else he had taken from that gentleman? - No, he did not.

Did he ever? - No.

Did you see the purse that the prisoner had? - Yes, I saw it in his hand the same night, but I never had it in my hand.

What sort of a purse was it? - As near as I can guess, but I will not say for certain; I think it was green.

Mr. Garrow. Mr. Barrett, I think you was in Court when the gentleman was examined to-day, when he began? - Yes.

And you have seen him since the robbery in Bow-street? - Yes.

This was a very fine bright night? - So fine, that I could observe the person of the gentleman.

Was there much moon? - It was not a great deal up, but was visible enough for me to see the gentleman.

Court. Did you see the moon that night or not? - I cannot say I saw the moon, but it was quite light enough to see the moon.

Did you meet the carriage or overtake it? - I overtook it.

Are you sure it was not the 25th? - No, sir, I am sure it was not the 25th.

Nor the 27th? - No, I am sure it was either the 26th or the 27th; I am sure the robbery was done, but I did not take down the time.

That was the first robbery that you and he did? - Yes.

Then you did not say at Bow-street, that it was either the latter end of March, or the beginning of April? - Me! sir.

Aye, me, sir; will you swear that positively? - I swear positively as to the time, I knew the time very well that the robbery was done.

Did you tell the magistrate at Bow-street, it was either the latter end of March or the beginning of April? - I did.

How long did you live with Mr. Hartley? - I lived with him, I believe, about three quarters of a year.

You was his coachman, and you had a helper under you? - Yes.

These were your master's saddle horses, which you used on Finchley-common? - Yes.

Do you remember robbing me on Finchley-common? - No, sir.

In a chaise and four? - No.

Can you venture to swear whether I am

the person you robbed in the chaise and four? - No, sir, I cannot say.

Do you recollect the persons that were in the two chaises that you robbed one night? - There was a man and woman in the first, and in five minutes after we robbed another, with another man and woman.

Upon the whole how many robberies might you have committed? - Four or five, I have quite dropt it.

And have taken only to steal your master's saddles? - The saddles went out of the stable, while I was in the country.

But you was accused of stealing them? - Yes.

You have turned an honest man all at once? - The first time I ever did any thing was going out with Softley.

What Jew did you sell your watches to? - I cannot say who he is, but I did sell a watch for two guineas and a half, I took it from a gentleman upon Finchley-common.

How many months were you in this business? - About four months; I never robbed any where else.

Did you make any confession of this till you was taken up, till they told you, you would be hanged? - They did not tell me that I should be hanged.

Will you swear that now? - Why, yes, they might say so.

Had you said a word about this, or charged Softly with this till after that? - No, I never did.

Court. How were you dressed the night you committed this particular robbery? - I had a brown coat on.

A dark or light one? - A lightish one.

What horse did you ride? - A roan horse.

What sort of horse did the prisoner ride that night? - It was a bay mare.

A light bay or dark? - A lightish bay.

Was yours a darkish roan, or light? - A dark roan.

Had you buttons the same as your coat? - Yes.

A round hat, or a cocked hat? - A round hat.

How was Softly dressed that night? - In a blue coat.

What sort of buttons? - I cannot recollect.

Had he a round hat or a cocked hat? - A round hat.

What arms had you? - A brace of pistols.

Who carried the pistols? - He had one, and I had the other.

You are sure you did not stop at all? - No, I did not stop, I kept walking on.

Mr. Garrow. He heard that part of Mr. Thornton's examination.

Barrett. The chaise was coming on: he called to me, says he, stop a bit; I went forward, he stopt behind, and robbed the chaise; we drew out of the road, and let the chaise pass us; then we overtook the chaise again, I went before, and he stopt.

Did the prisoner stop or turn back again? - He turned his mare round.

Mr. Garrow. Had either of you a grey horse? - I had a roan horse, but he gets rather lighter as he changes his coat.

You called him a grey horse before the magistrate? - He is betwixt the two.

Court. Was the prisoner with you in all the robberies you committed, Mr. Barrett? - No, he was not.

You went by yourself sometimes? - Yes.

Did you always ride the same horses? - No, I rode the bay mare; that was the bay mare; I had had a horse in Tottenham-court-road, that was rather a darkish bay.

Had your master any other horses but this bay mare and grey horse? - No, not besides coach-horses, they were grey.

Do you know John Bates ? - Yes.

How long had he lived with your master? - He was with me about half a year.

Did he live with your master at the time you went out on this business? - He did.

At the time you robbed Mr. Thornton, did he live with you? - Yes.

Let John Bates come in.

Court to Bates. What coloured horses

were they of your master's, that Barrett and Softly used to take out? - One was a chesnut mate, and the other a grey horse; my master had no dark coloured horse.

Nor a roan horse? - A grey horse, he was between white and black, a roan horse.

How came you to think of a roan? do you know what a roan horse is? - I do not know rightly and properly.

Do you know it when you see it? - Yes: a grey horse is a kind of all white partly.

White mixed with what colour? - With black.

Now what is a roan horse? - A roan horse, I believe, is white mixed with red.

Now was this a roan horse or a grey horse? - It was a roan horse.

Why did you call it a grey horse? - I could not tell properly what it was, but the colour of the horse was white and red.

Is your master here? - I do not know.

Court to prosecutor. As far as you recollect, what coloured horse was it? - I wish to refer to the handbill, because that was faithfully taken from my memory.

(Reads):

"a single highwayman, he

"was well mounted on a light coloured

"bay or roan horse." - But I cannot take upon me to swear to the colour of the horse; so it appeared to me at the time; the other man was on a dark horse.

I think you described the other man as standing still like a looker on? - I did; he says he was going slow as he possibly could; I cannot be sure as to that, whether he stood still, or whether he went a foot's pace.

Court. Let Barrett step out a moment.

To Mr. Thornton. When this man left you, did you drive on directly and quickly towards town? - Yes.

The chaise did not stop afterwards? - No.

Did you see the man that robbed you after he had taken your watch? - No, they fell back, I went on.

Is the postilion that drove you here? - No.

Court. Call Barrett in again.

To Barrett. How long might the chaise stop that you robbed? - I cannot say; a very little time.

After the robbery did the chaise come on towards London, or turn back again? - It came on past me to London.

Which way did you and Softly come? - We came all round Tottenham; we did not follow the chaise.

What time of night was it? - Between nine and ten, as I recollect.

Prisoner. I leave my defence to Mr. Garrow.

Court to Ruthwin. Barrett was first taken? - Yes.

And it was on his information that you took the prisoner? - Yes.

The substance of that information was, that the prisoner had committed robberies in his company, I suppose? - Yes.

Well now, did he before the prisoner was taken, particularize any robbery in particular? - Upon my word I cannot tell; Sir Sampson took down all his examination.

Was his examination taken down before Softly was taken? - The examination was taken down, Sir Sampson told us to use our own discretion, in going to seek for Softly.

Was that before Softley was taken? - Yes.

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

GUILTY , Death .

Jury. As this is the first offence, we think from the evidence, there may be some mercy shewn to him.

Prosecutor. I shall be very ready to recommend him.

Court. The circumstance that induces Mr. Thornton and the jury to recommend him is, that there is no circumstance of cruelty; but on the other hand, it is to be considered, that the prisoner had been concerned in several other robberies, and that

at a time when he was under no temptation so to do; for it was at a time when he was actually a servant in place: now the offence of a servant in place, who has a provision made for him, going out on the highway to rob, is one of a very aggravated nature, and very dangerous to the public; therefore it will be my duty, if you persevere in desiring it, to communicate your intentions to the King; but under those circumstances, I cannot expect much from it.

Mr. Justice Heath. The accomplice has told you, that they went out for four months, therefore this can hardly be called the first offence; it is a matter of very dangerous and aggravated nature; the servants of this man had always an opporportunity of commanding their master's horses.

Court. You will judge whether you will persist in making the recommendation to the King.

Jury. You have given a good reason for it; we leave it to your lordship to do as you please.

Court. I shall communicate your recommendation, as there was no circumstance of violence; but the other circumstances will also appear to the King.

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17881022-20

626. SUSANNAH YATES and THOMAS CHAFFY were indicted for feloniously assaulting William Hitchins in a certain field and open place, near the king's highway, on the 20th of September , putting him in fear, and taking from his person and against his will, a silk handkerchief, value 1 s. a cloth great coat, value 4 s. three guineas, and 20 s. in monies numbered, his property .

The prisoners were taken in company together, and a handkerchief was found on the neck of Yates; but the prosecutor could not swear to it.

BOTH NOT GUILTY .

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

Reference Number: t17881022-21

627. ELIZABETH CRAWFORD was indicted for stealing, on the 13th day of September , a canvas purse, value 1 d. two guineas, and 4 s. the property of John Gorge .

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17881022-22

628. THOMAS GREGORY was indicted for stealing, on the 27th of September last, two live pigs, value 3 l. the property of Samuel Hodges .

The prisoner was taken with the pigs.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17881022-23

629. GEORGE SCAMP and JOHN PACE were indicted for feloniously assaulting Joseph Robinson , in a certain field and open place, near the king's highway, on the 12th day of October , and putting him in fear and danger of his life, and feloniously taking from his person; and against his will, a silver watch, value 40 s. a steel chain, value 4 d. a key, value 1 d. and a hook, value 1 d. his property .

(The Witnesses examined apart by the prisoners desire.)

JOSEPH ROBINSON sworn.

On the twelfth of October, I went to Palmer's-green, from Whitechapel, in the afternoon, and about eight in the evening, coming back across Islington fields , I was stopped; my brother was with me; John Pace stopped my brother, and held him, while George Scamp pulled my watch out of my pocket; they met us; Scamp asked me for my watch; he said, give me your watch; that was after Pace had laid hold of my brother.

Did Pace say any thing to you? - No, not till afterwards; Scamp caught hold of the chain, and pulled it from the watch; it came off; then I ran away with the watch in my pocket without the chain, about five or six yards; and Scamp followed me again; the other held my brother the while; then George Scamp came to me, and pulled out a pistol, or something like a pistol, and held it to my body; he pulled it from his pocket; I cannot say what it was; then he asked me for my watch again, and I gave it him; Scamp shook hands with me before he went; and I went back with him to my brother, and Pace asked me whether I had any money; I said; no; then they left us, and I saw no more of them that night; they went the way we had come; I went home; the next day, the 13th, I saw the officers, and on the Saturday following, I saw the two prisoners together.

Where were they? - Before the justice.

In custody? - Yes, I saw my watch and chain again at the pawnbroker's; I do not know his name; he is here; I saw it before I went to the justices; I believe it was on the same day; there is the watch, and chain, and seal, and key, and hook, all put on, they are here.

It was pretty dark? - It was very moonlight.

Had you ever seen the faces of the two prisoners before? - Not before that Sunday night.

How were they dressed that night? - John Pace was in a blue coat, to the best of my knowledge, and George Scamp had a lightish coloured great coat on.

Recollect yourself, and say now, whether you are able to swear to them with certainty? - Yes, my lord.

You are very positive? - Yes.

Look at them again? - Yes.

You have no doubt about it? - No.

Had you any doubt about them before the magistrate? - No.

Had any body pointed them out to you before you said you knew them? - No.

You are very sure they were not pointed out to you, but that you pointed them out? - I did not see my body to point them out to me.

Were there other persons there at the time? - Yes.

Did you fix on these men among the other prisoners? - Yes.

You are very sure you are not mistaken in the persons of the men? - Yes.

Mr. Garrow, Prisoners Counsel. I observe you have a defect in your sight? - Yes.

In general I know, (do not suppose I am trifling with you, or making game of you, I should be above it) I know in general, persons in such a situation, their sight is weak? - It is as strong as any body would expect.

From the ball of your eye being turned so much inward, it requires more exertion in you, and therefore exhausts the power of vision, more than in persons who look strait? - I can see to work at my business.

What is that? - A shoemaker .

That is not a business that requires very strong sight? - Yes, it does.

This was about eight in the evening? - Yes.

And you had not seen either of the persons before? - No.

Before you saw them at justice Wilmot's office, you had seen some of the thief-takers? - Yes.

When did you first see them? - The next day after I was robbed.

Was Shakeshaft one of them? - Yes.

Then after you had told of the robbery, they came to you, and told you they had found the two men for you? - Yes.

And that you crest go to the justice's? - Yes.

To see the two men that they had found? - Yes, we went to see the watch first.

Then of course, when you went to the justice's, you expected to find the two men that robbed you? - Yes.

You were told so by the runners? - Yes.

You fixed on these two men that were there? - Yes.

Were you equally sure to both the men? - Yes.

How long might this be transacting? - The space of three minutes or more.

You are equally sure to Pace, as you was to Scamp? - Yes.

Though he, according to your account, was the man that was engaged with your brother? - Yes, I was not quite so sure, but I knew him again.

What sort of hats had the men on that robbed you? - Round hats.

Court. But if you was not quite so sure as to Pace, before the magistrate, as you was to Scamp, what makes you quite so sure now? - I should not pretend to swear to the other, because I was not so much with him as I was with the other that robbed me, but I knew his face again.

But you say, you was not quite so certain as to Pace as you was to Scamp, was you quite so certain then? - No.

What makes you then quite so certain now? - I shall not take an oath to the man.

Do you mean to say, that now you do not swear to Pace positively? - I swear to George Scamp.

But you have already swore to Pace as being present when Scamp committed this robbery; are you sure that Pace was so present? - Yes.

Did not you say, you was not so sure as to Pace? - Yes.

Then you are not quite sure as to Pace? - I know it is the man.

Then you are now sure that Pace was the man? - Yes.

But before the magistrate you was not quite so sure? - I did not pretend to swear to that man.

You did not swear to him then before the magistrate? - No.

What makes you swear to him now? - I know him very well.

Then if you knew him very well before the magistrate, why did not you swear to him before the magistrate? - I do not know.

Did you not swear before the magistrate, that Pace was one of the two men? cannot you answer that question? - No, my lord.

Did you or not, swear to Pace before the magistrate? you have swore to him now; did you swear to him then, is the question, what do you say in answer to that? - I said, that was the man.

Then you swore it was the man before the magistrate, you said it upon your oath? Yes.

Then you now finally say, that you swore before the magistrate, that Pace was one of the men? - Yes.

Do you now swear that Pace was one the men, look at him again? - Yes.

You do swear it now? - Yes.

Then you do take your oath that he was one of the men? - Yes, I know him very well.

Court. Let him go out of court, and not speak to any body.

WILLIAM ROBINSON sworn.

I am brother of Joseph Robinson ; I was with him, on the 12th of October, in Islington-fields, about eight o'clock; it was quite a fine moon-light night.

What happened to you in Islington-fields? - Two men met us; the prisoners are the men; Pace took me by the collar, while the other robbed my Brother of his watch; the first which they said, was

Pace asked me where I was going, and laid hold of me by the collar, and held a stick over my head, while the other robbed my brother; I saw the other run up to my brother, and I heard him say, give me your watch; I saw him attempt to take his watch; Scamp is the other; my brother scuffled with him, and got away from him, and ran a little distance from him; Pace said to the other, after him; and Scamp then followed him, and got the watch from him; it was at a distance; I did not see him take the watch; Scamp came back to me and Pace; and Pace said to Scamp, have you got it?

Did Scamp say any thing to that? - I will not be sure whether he did or not; Pace let go of me directly; and he asked me whether I had any money about me; I told him I had not; Pace said, we will shake hands with you; and he shook hands with me and went away.

When did you see the prisoners, or either of them again? - On the Saturday following, this was on the Sunday; I saw the two prisoners on the Saturday following, at Mr. Wilmot's office.

Were they in custody? - Yes, I knew them again when I saw them; I swore to both of them.

Recollect yourself, and say whether you took such observation of them at the time, as to be able to swear that these two prisoners are the men? - Yes, sir, I did.

Was there light enough to observe their faces? - Yes, I saw them at the time, Pace had hold of me by the right arm.

How were they dressed? - Pace had got a blue coat on, and the other had a lightish coloured coat on.

How were they dressed when you saw them before the magistrate? - Scamp was dressed as he is now, and Pace had a blue coat on then.

So that you have no doubt at all of the two prisoners being the men? - No.

Mr. Garrow. They were not with you above two or three minutes? - About five minutes; I was a little frightened; I had been told by the runners, that they had taken two men up; and I went, and saw them there.

Have you heard of any reward, in this case, if they are convicted; did the runners tell you that? - No, they did not; I never heard of it; but I have had no talk with the runners about that.

JOHN HAYWARD sworn.

I am a pawnbroker; I live with Mr. Davidson, in the Borough; I have a watch here, which I took of a man, but I know nothing of the prisoners; I took it in on Monday, the 13th of October; the watch and chain, just as it is, I lent seventeen shillings on it, which he asked for; I gave it to the constable.

JOHN ARMSTRONG sworn.

I belong to this office; I took the prisoners; Harper and Lucy were with me; it was last Friday night; they were both together in Islington-fields, by the side of the New River; it was between seven and eight; I searched Scamp, and found two duplicates on him; one of a silver watch, pawned at Mr. Davidson's; this is it; it appears October something, but it is a little defaced; William Davis , a watch, seventeen shillings; I asked Scamp how he came by this duplicate; he said, it was his own watch, and he had had it near three years; I searched the other, and found in his pocket, some small shot; and the next day I went to Davidson's, and found the watch in the Borough; there were three duplicates found on the other prisoner, but not relating to the business.

(The Prosecutor owned the watch.)

JOHN SHAKESHAFT sworn.

I took this blue coat from the prisoner, Pace, off his back; Armstrong brought the duplicate; I had the care of one prisoner; and he took the other to search him; he asked Scamp whose watch it was; he said, it was his own; Armstrong asked him how long he had had it; and he said, for three years; when he came before the magistrate, he said, he bought it of a soldier.

Court to Hayward. Is this your duplicate? - This is my duplicate; it is my writing.

(The watch deposed to by the Prosecutor.)

Prosecutor. I know it by the maker's name, and a piece of gauze with two letters of my name worked in it; I cannot say the number of the watch; I know the seal; it has a heart upon it.

PRISONER SCAMP's DEFENCE.

As I was going over Tower-hill, I met a sailor; he told me he was distressed; and he shewed me this duplicate; he said, he had pawned the watch for seventeen shillings; and he sold it me for five shillings to it, as I wanted a watch; I gave him four shillings for it.

PRISONER PACE's DEFENCE.

I have nothing to say any further than what I leave to my counsel.

The prisoner Scamp called six witnesses; and the prisoner Pace, called eight witnesses, who gave them good characters.

BOTH GUILTY , Death .

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

They were humbly recommended to mercy by the jury, as young men of good character, and having used no violence.

Reference Number: t17881022-24

630. CHARLES MESSENGER and TREADWAY POCOCK were indicted for burglariously and feloniously breaking and entering the dwelling-house of James Allman , about the hour of seven in the night on the 12th day of October , and burglariously stealing therein, thirty-four yards of wollen cloth, value 3 l. twenty-nine yards of ditto, value 7 l. twenty-five yards of other cloth, value 5 l. nineteen yards of velveteen, value 10 s. seventeen yards of ditto, value 10 s. thirty-seven yards of sattinet, value 5 l. twelve yards of velveret, value 32 s. eleven yards of ditto, value 36 s. one piece of silk and cotton, for a waistcoat, value 5 s. one piece of velveret ditto, value 5 s. another piece of silk and cotton, for a waistcoat, value 9 s. a piece of dimity, for ditto, value 5 s. eleven yards of velveret, value 34 s. fourteen yards of shalloon, value 20 s. five yards of velvet, value 3 l. twenty-five yards of other shalloon, value 48 s. fifty yards of ditto, value 3 l. eight yards of nankeen, value 28 s. fifty-four yards of sattin, value 5 l. twelve yards of ditto, value 3 l. thirty yards of silk serge, value 2 l. three yards of sattin, value 32 s. and divers other things, value 18 l. his property .

A second Count, for stealing the said goods, and breaking out of the same dwelling-house.

The indictment opened by Mr. Garrow; and the case by Mr. Silvester.

(The witnesses examined separate.)

GEORGE WILSON sworn.

I was shopman to Mr. James Allman in Jermyn-street.

Had he taken any house in New-street, Covent-Garden? - The corner of Rowe-street, and New-street, Covent-garden .

When did you, as his servant, take the possession of that house? - On the Tuesday before the 12th of October, that was Tuesday, the 7th of October; I kept there that night; I came on Saturday night, and slept there that night.

Were there any goods of Mr. Allman's brought into the house at that time? - Yes, there were to the amount of some hundred pounds; they were silk for waistcoats; and different kinds of men's mercery goods; I left it about nine on the Sunday morning; and I left nobody at home; I secured the house, by double locking the door that comes into the shop, and likewise the street-door, and the door that parts the shop from the passage; the street-door opens into a passage, but then there is a door out of the passage into the shop; I

spent my day from home; I returned to the house, as near as I can recollect, about ten minutes before seven in the evening; the shutters of the windows were all secure; when I returned to the house, I observed the windows safe; I had uneasiness in my mind, or I should have staid supper in the city; I found the windows were safe; I put my elbow against the street-door; it was safe, but I had an idea that I heard something of rustling in the passage of the house; I went on a few yards further, and I could not be satisfied but something was amiss; I returned again to the door.

Was it dark or light? - It was, to the best of my recollection, a fine night.

Was the evening so far advanced as to be dark? - Why, it was dark to be sure; on my return to the door, I stood opposite, and I felt in my pocket for my keys to open it; while I was feeling in my pockets, the door opened; the situation of our passage is such, that the great wide part of the stair-case comes immediately to the opening of the door; the door opens inside; the prisoner, Messenger, must have stept up in the situation we found the passage afterwards with bundles; he must have stept up the first or second stair to have got an opportunity of coming out; upon the door opening, I saw Messenger's face close at the door; he must have been on the first or second step of the stairs leading up stairs; I was so surprized at seeing a man genteely dressed coming out of the house that I had not the opportunity of seizing him; he passed me, and run across the street; I immediately called out stop thief; and immediately the other prisoner came out in the same manner that the other had; and in attempting to follow the other out of the house, I seized him by the collar; he struggled with me; and I still kept calling out stop thief; I said to him, what business have you in that house? he replied, he was not in that house; he was then off the pavement opposite the door; we were struggling in the street; after we had struggled some time, he then struck me violently on the face; there were a number of people standing by, and I begged of them, for God's sake, to assist me in taking him.

Did you secure him? - Yes.

Did you at any time lose him from you? - No, never till he was secured; I have no sort of doubt but he was the man that came out of the house; the other man, I could not tell any thing concerning him, till they brought him up, that was, I suppose, seven or eight minutes after; I do not think it was more than that; he was brought back in the custody of Tucker and others; I knew him immediately.

Was you sure of him? - I was sure of him; I said, that is the man.

Are you now, upon your oath, sure that he was the man who passed out of the house? - Yes.

Have you any doubt upon it? - None.

What lamps are there at your door? - The lamp over the street-door comes exactly over the opening of it; and opposite, or nearly opposite is a tavern, which has two large lamps.

What distance is that from your door? - Why, it is a narrow street.

From the assistance of those lamps are you now able to swear positively that Messenger was the person that came out? - Yes, I am.

Were either of them searched in your presence? - No.

Where had you left the goods when you went out of the shop? - They were not packed in the situation I found them in.

What state did you find the inside? - On going into the house, or at least on opening the door of the house; when I found that Pocock was properly secured, I went and pulled the door to, and got some friends to assist me in searching the house.

Was there a spring lock? - There was a latch which this key opened, and by pulling it to, it becomes fast; we got lights, and went over immediately to the house,

and opened it with this key that opens the latch, and got admittance; but we found, in pushing the door open, it was incumbered; we could not enter but one at a time; when we entered the house, we found three parcels in the passage; and the shop door was quite open, and one parcel ready packed up, which was thrown on a bed in the shop; I immediately searched round the shop to see that nobody was concealed; I searched the cellar, and went up stairs, but we found nobody in the house.

What may be the value of those goods that were packed up in the different parcels? - I suppose upwards of a hundred pounds; they are here; they have been secured from that time to this; they are exactly in the same state they were found in; they were in four bags.

Whose property are those things that you so found packed up? - The property of Mr. James Allman .

Did you see the keys afterwards examined with the door? - No, I did not then, but I have afterwards; they opened the door; the bags were not Mr. Allman's property.

(Cross-examined by Mr. Sheppard.)

How long have you lived with Mr. Allman? - Since the Tuesday before this.

Where have you lived before? - I have lived in Milk-street, and in New-street, with Mr. Burnell, near a twelvemonth; he is in the hardware way; I lived before that, with Mr. Gray, in Milk-street; before that, I lived with Mr. Lane, in Leadenhall-street.

Have not you lived with Mr. Starkey? - Yes, near a twelvemonth; I quitted that six years ago.

How came you to quit his service? - I lived with him, as collecting clerk, near a twelmonth.

Then tell the gentlemen of the jury for what reason you quitted his service? - I went down into the country to my friends.

The reason of your quitting his service? - The reason was, that there was some little deficiency in the cash that was not made up; the cash accounts were not so correct.

There was a deficiency? - Yes, there was.

Then he turned you out of his service? - No, sir, he did not.

Did not he turn you out of his service, because there were deficiencies in your cash accounts? - No.

Upon your oath, did not Starkey turn you out of his service, because there were deficiencies? - I never saw Mr. Starkey but once after the time I left him.

Did not he turn you out of his service because you embezzled his cash? - I left his service, I imagine, for that reason, I suppose it was.

Will you swear it was? - It was the reason, no doubt.

After having been turned out of Starkey's, where did you go to live afterwards? - With Mr. Lane, at Leadenhall-street, near a twelvemonth; he was a bookseller; I was there as shopman.

Did you manage the till there? - No, I had no management at all there; I received the money sometimes; I quitted his service merely on disagreement.

About what? - Why, about coming home one night rather later than usual.

That was not the first time? - Yes, I believe it was the first time; I staid in his service for about a fortnight after.

But were you not turned away? - I went away not disgracefully.

Was you turned away? - I was: I was in Milk-street with Mr. Gray for three years.

How came you to quit him? - Why, upon a disagreement.

On which side did it begin; was not you turned out of his service? - I was.

What was the cause of being turned out of his service? - Why, I had rather drank too much.

Was there no other reason assigned, upon your oath? - No.

Was there no other reason assigned? - No.

Was there no dispute about cash accounts there? - No.

Do you mean to swear that? - Yes.

Then getting drunk was the only reason? - The only reason.

Did you never live with any body in St. Martin's-street? - I never did live with any body in St. Martin's-street; I lived in St. Martin's-lane, with one Mr. Hall; I lived there eight years.

How came you to quit that service before you went to Starkey's? - It is so long time ago I cannot recollect.

Why, I believe, it is a circumstance which you cannot easily forget; was it not about a money account there? - No, it was a disagreement between Mr. Hall and me.

What was the cause of this? - Through words.

Did not you quarrel with him on account of monies that you had received? - No, sir.

On account of any effects then? - No.

Not in consequence of a dispute relative to some of his goods? - I swear not; after that I went to live with Mr. Grosvenor, in Foster-lane; I quitted him on the failure of business; after that, I went to live with Mr. Lockwood, in St. Martin's-lane; I was not turned away by him; I quitted him to take Mr. Starkey's place; I had no dispute with him at all.

Did you know Mr. Allman before? - Some years.

Who lived with him in the capacity you afterwards did? - He had only opened the shop on the Monday preceding; there was a young man that he had there; his name is Urry.

Do you know a Mr. Lee? - Yes.

Has he any concern with Mr. Allman in business? - None that I know of, nor Urry.

Are you sure neither of those gentlemen are concerned with Mr. Allman in business? - I do not know that they are.

You were put into this house to superintend and take care of those goods, and to manage the business? - Yes.

Nobody lived there but yourself? - None, excepting Mr. Urry; he attends as shopman; he is to receive wages; I had the custody of the goods; I went out at nine in the morning, to Mr. Gray's, in Milk-street; I set off from there about six.

This was an odd sort of prepossession of yours; you say, your mind was uneasy? - It was.

Are you subject to those prepossessions? - I do not know; I was then; I mentioned it at the place where I was at.

When you went out in the morning, did you lock the door, or only shut the door after you? - Yes, I locked them both.

I think the first thing that occurred to you, was, you thought you heard a rustling in the passage? - Yes.

Did you knock at the door? - No.

Did you walk away? - I walked away five or six yards, with an intention to go to my brother in the neighbourhood; but I immediately had an idea that I was not sufficiently easy in my mind, which made me return; my intention to go to my brother continued but very little time; then I saw the door open; I was on the same side of the way.

What way did the person you took for Messenger go? - Across the street, towards Bedfordbury; I saw nobody else near the door.

Did nobody pass you but Messenger? - No, sir.

I think you say, you was surprized to find a person of so decent an appearance? - Yes.

When Messenger went out, and Pocock came out you collared him directly? - Yes.

Had you any conversation with him? - No further than after I had laid hold of him, I asked him what business he had in the house; he said, he was not in the house.

Upon your oath, did not he tell you, he would go where you pleased, but that he would not be dragged and pulled about in this way; and before he struck you, he said, I will not be dragged? - I do not recollect ever hearing any such word mentioned; with my endeavouring to secure him, I might not pay attention to every thing he might say.

Then you do not mean to deny that he did say so? - I cannot.

Messenger, in a little while was brought back? - Yes.

What time did you return? - It was six o'clock when I set out; I drank coffee at Mr. Gray's; and staid from two till six; I had occasion to call to deliver a message for Mrs. Gray, and I called there; Mr. Gray wanted particularly to go out; he was going out of town; he drank tea rather sooner than usual.

Then what makes you so sure that you got home between six and seven, that it might not be earlier; how are you sure that you left his house at six? - It was a fine evening.

Do you mean to swear it was in the twilight, that the sun had actually set, and that the darkness of the night had came on? - Yes, I look upon it it was; it wanted about ten minutes to seven; the lamps were all alight.

How long had you staid it the place, at which you had called for Mrs. Gray? - Not, I suppose, above five or six minutes; it was about six when I left Mrs. Gray.

Having this strange prepossession that all was not right, when you got home, how came you to be satisfied with barely pushing your elbow against the door; why did not you go into the house? - I thought it was safe then, but hearing the rustling in the passage made me return.

Did you push against the door so as to make a noise? - I pushed it with my elbow.

Could any body hear you on the inside? - Yes, I suppose they could.

Still this door opened almost immediately, and these people went out? - No, sir, it was by my going.

Mr. Garrow. Every thing appeared to be right when you came back? - Yes.

You left one place because you drank too much? - Yes.

And another because you kept too late hours; and a third, because having a great deal of money to collect, at a brewer's, there was a deficiency? - Yes.

You say, that was afterwards made up to Mr. Starkey? - It was.

What might be the amount of it? - I cannot rightly tell; my father settled the deficiency; and so far from any differences, my father dealt with him for twenty years, and my brother deals with him now.

Did you apply to Mr. Starkey for a character? - I did not.

JAMES DONALD sworn.

I was coming up the street on Sunday night, between six and seven, it wanted twenty minutes of seven; I heard the cry of stop thief; I believe three times; so I came to the top of Bedfordbury; and I saw Mr. Wilson, and knowing him before, he called to me for assistance; I took hold of the prisoner, Pocock; Wilson was struggling with Pocock; I assisted him, and took hold of the man; he asked me to go for a constable; I desired him to go himself; and I kept him secure till I delivered him over to the constable.

Mr. Knowlys, another of the Prisoners Counsel. You did not see this till after Pocock and the other had been some little while engaged? - No.

You will not be sure that it was not earlier than that? - I cannot be sure, but it was not much later than that.

What sort of a night was it? - Darkish, the lamps were lighted.

Court. If there had been no lamps could you have distinguished the features of a man's face? - If I had known him before I might.

GEORGE WALKER sworn.

I was in New-street at the time of this transaction; I got past the shop, I suppose, eight roods at least; and I heard the

cry of stop thief, several times; upon this, I immediately returned, and found two men had fast hold of the prisoner Pocock, Wilson and another, and he said, for God's sake, help, they have been robbing the corner shop; upon this, I immediately laid hold of the prisoner's left side of his coat by the collar with my right hand, and we had some struggles with him; Wilson went for a constable, and left him in the care of three; I was one of the three; he attempted to get away from us; and in one of his struggles this lanthorn dropped from his right hand side under his coat.

Are you sure that the lanthorn dropped from under Pocock's coat? - I am sure, I picked it up; and it was very warm; I felt it through my gloves; I supposed it had been lighted; it might be a light then for aught I knew; Pocock was secured then; I did not go home to the house at all; there was a crowd; I never saw the other prisoner till I saw him at Bow-street office; I am a shoe-manufacterer; I live in Cheshire; I was a stranger, accidentally passing by; I should have been at home but for this business.

Mr. Sheppard. How many men were struggling together? - There were but two when I came up besides Pocock; they had hold of him, and they said, for God's sake, help; there were several people standing by when I came up to them; when the lanthorn fell numbers interfered.

There must have been a great confusion? - No, there was nobody near, they stood at a distance, except these two that had hold of him; I went to Bow-street office next morning, to know what was become of the prisoner.

You have been promised of course, a part of the reward? - I have not, and I declare to God, I would not take any reward if it was offered to me.

There has been no offer of that sort? - There has not, I declare to God, nor I would not accept of it, if it was offered to me.

JOHN KING sworn.

I am clerk to Sir Robert Herries, and Co. I live opposite this house of Mr. Allman's; I was at home at this time about seven.

Was it dark? - It was darkish; I was in the back parlour with some other gentlemen; and I heard the cry of stop thief; I went out, and saw a bustle a few doors from me; and Mr. Allman's young man had hold of a person by the back part of the collar, and another or two had hold at the time; he made a little struggle; and he fell down; and I went into my own house, and afterwards went into the shop; Wilson came, and desired me to go over to the house; there were three bundles; large packages, in the passage; packed up, and one package laying on the bureau bed; we went all over the house; we found nobody in the house; there were a great many things laying on the counter; the counter was half full.

ISAAC TUCKER sworn.

I am a lamp-lighter.

Did you happen to be in New-street on Sunday, the 12th of October? - No, I was not; all that I know about it, is this, I was in Bedfordbury lighting my lamps; as nigh as I can tell, it was about twenty minutes, or a quarter before seven; I had only one lamp to light.

Was it dark? - It was just to say dark; Oh, no! it was moon-light; the first thing that I heard as I was going out of Bedfordbury, was, I heard the cry of stop thief; that appeared to come from New-street then; I looked up Bedfordbury, and I saw a gentleman running down Bedfordbury; I was on my ladder with a light in my hand; I saw Mr. Messenger running down New-street, on the opposite side of the way to that I was upon.

Was there any body else running at that time, in that direction? - Not a soul; I crossed over the way, and caught Messenger by the arm; and I said, sir, I hear stop thief, and I do insist on your stopping;

Mr. Messenger made me answer, that he was the person that called stop thief.

Were you able to tell whether that was true or not? - I am very sure it was not.

Did he cry stop thief? - I do not know that he did; I said, I did not know that, but I wished to detain him; Messenger, as I had him by the arms, he threw him- himself from me, and gave me a blow on the side, and knocked me down backwards; I got up again as fast as I could, and called, stop thief, stop thief, and I ran after him; there was a young man that was in a public-house, about three or four doors down, and he ran after him; I never lost sight of him till he turned the corner to go up Chandos-street; he was not a minute, nor half a minute out of my sight, only till I turned the corner; the taylor, this man that is a witness, Ross, was close by him; I saw him turning towards Round-court, in the passage that goes to Round-court; I ran immediately up to him; when I came up to him, Ross had got Messenger by the collar; and an iron crow Ross had in his hand; says Ross, I have the bird in my hand; either d - n him, or something, I said, well, let us bring him up Bedfordbury; we shall soon find what he has done; coming up Bedfordbury, we met Wilson and a number more, and the other man; and he, asked if we had got the other; we said, yes; and as soon as Wilson saw him, he said, aye, that is the man, I will swear to him; he was taken to the watch-house; I saw him searched, and there three pick-lock keys, which are to be produced, and some silver and halfpence were found upon him.

Is the man you saw Ross pursuing in Chandos-street the same man that gave you the blow? - Yes, I am very sure of it; he was not out of my sight half a minute.

Mr. Knowlys. It was some time before you got him to the watch house? - Yes, the clock struck seven when we were in the watch-house; he was searched immediately.

He was some little time out of your sight, and out of the sight of every body? - No, for Ross, who stopped him, was close to him.

JAMES ROSS sworn.

I am a taylor; I was standing at the Scotch-arms door, on Sunday night; I heard the cry of stop thief at the top of Bedfordbury; I saw a multitude of people standing there; the Scotch arms is the second door from May's-buildings, which goes through from Bedfordbury into St. Martin's-lane; presently I saw Mr. Tucker get up, and cry stop thief; then I pursued Messenger down Bedfordbury and along Chandos-street towards Covent-garden; he then knocked down a man just at the broad part of Chandos-street, and turned down Round-court.

Was there any body before Messenger, running? - No, sir, not one; he was the first man I saw run; I saw him knocked down by this man; I pursued him down the court, and took him at the end of Vine-street, which is in the court; I threw him down, and when he fell down the crow was thrown from him; (A crow produced.) I have had it ever since; I never parted with him till I got him to the watch-house; going along we met Wilson at the top of Bedfordbury; I recollect somebody saying, that was the man.

Mr. Sheppard. How far was the man off, that Messenger knocked down, when you came up to him? - As nigh as I can recollect, about twenty or thirty yards.

How far had you pursued him; how long might you be? - I cannot justly say to the time.

Who do you work with? - I cannot rightly say at present; the last master I worked with, was one Mr. Williams, in Featherstone-buildings; I only worked two days with him this last time.

How many different masters have you worked with this last twelvemonth? - That I cannot tell you; consider this is a dead time of year; may be twenty in the last year.

Did you go with them to the watch-house? - Yes, the last that I saw of them,

was, they was put down in the black hole after the charge was given.

JOHN ATKINSON sworn.

I am beadle of St. Martin's in the fields; I was at the watch-house at the time the prisoners were brought there; I searched Messenger, and found these three keys upon him; this turn-screw was not found upon him, but it was picked up in a part of the watch-house where the other prisoner had been in; nothing was found on the other prisoner but two small keys, and a shilling, and some halfpence; I was present when these pick-lock keys were tried; and I tried them at the passage door; I tried the short key, and the picklock key; it opens it as well as I can open my own door with my own key.

JOHN TOWNSEND sworn.

(Looks at the pick-lock keys.)

This is a false key; the misfortunate men term them dubbs; on Monday, the 13th, I went to Mr. Allman's house in order to take an inventory of all the property that was in the bags; seeing much such a key as this hang up in the shop, it struck me; there was much such a one produced before Sir Sampson; and I sent to the beadle to have them tried at the door; I took the two keys; I first tried this backwards and forwards, before I put the other in at all, and it opened the street-door exceedingly well; then I tried them both together; they both belonged to one door; I desired the door to be locked just as it was when Wilson left the house; and I went in exceedingly well; one is a pipe key that opens the latch inwardly; and the other is the key of the main lock of the door. (Wilson produced the true key to it) The bags are all sealed up, with the initials of my name upon them.

(Mr. Allman called in to depose to the property, and deposed to also by Mr. Wilson.)

Mr. Allman. They were in that house; I have the bills of parcels of every one.

Mr. Knowlys. You have not any person concerned in the trade with you? - I have not, nor ever had.

Do you know Lee? - Yes.

He has no interest as being clerk; he is not paid by a proportion of the profits? - He is just paid so much a week.

PRISONER MESSENGER's DEFENCE.

I leave it to my counsel; coming up New-street, between the hours of six and seven, a man run violently down Bedfordbury; I pursued him; he threw a crow and two keys away; the other is the key of my own street door; I picked them up; Tucker stopped me; I considered him as an accomplice with the man; I went on in pursuit of the man that was running; I had these things in my pocket for a quarter of an hour in the watch-house; likewise the distance I was, I could have got rid of them.

PRISONER POCOCK's DEFENCE.

As I was going promiscuously by, and promiscuously it was, I saw an alarm; I turned my self about, and was looking round; and I was suddenly seized by Wilson; I asked him the reason; he gave me no answer; I told him, I would not be torn about by him; I had done nothing; he gave no reply; but insisted on laying hold of me, and called out, stop thief; then there was a scuffle ensued; I got from that door to the end of Bedfordbury in a great crowd; whenhe crowd was very thick there was a dark lanthorn produced, which the witness declares, he saw drop from me in the middle of a great crowd.

The prisoner Pocock called nine witnesses; who had known him a great many years, and gave him a very good character.

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

BOTH GUILTY Death .

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

Reference Number: t17881022-25

631. JAMES BROWN was indicted for feloniously stealing, on the 11th of October , twenty-six yards of linen cloth, value 30 s. the property of John Yowd .

(The witnesses examined separate.)

JOHN YOWD sworn.

I am a servant ; I live at No. 12, David-street, Berkley-square; this cloth is my property; I left it in the care of Mr. Johnson, in Charles-street, Grosvenor-square ; I cannot tell the day of the month; it is about three weeks ago; I had bought it just then before in Berner's-street, Oxford-road, of one Mr. Perry, an auctioneer; I left it with Johnson till I called for it; I was just gone away before the accident happened; I saw the cloth again every day till it was taken; and I saw it after it was found at Johnson's.

JOSEPH JOHNSON sworn.

I live in Charles-street; the prosecutor left a piece of cloth with me; and about three weeks ago, it was put in our club-room, on a table, up one pair of stairs forwards; I am sure the door was not locked; on Saturday evening, the 11th of October, I was lighting candles between five and six; I was in the kitchen; and there is a light borrowed from the stair-case to light the kitchen; I heard a woman crying out up stairs; I turned my head, and through this sky light I saw this prisoner; but he had a different coat on; I think it was a green coat, with metal buttons; they shone through the window; I am sure it was the prisoner; he was coming down; my wife cried, I have lost my cloth; no, says the maid, this man has got it; I went out, and the girl had got the prisoner shoved up against the back-door, going into a mews; says she; this man has my mistress's cloth; I took him by the collar; and the cloth lay close by him; I did not see him drop it; I took him directly into the kitchen, and kept him there till I took him to the justices; my wife is ill in bed.

Did you say any thing to him? - I took him by the collar, and I said, you d - d

rascal what are you going to do with that cloth; I dare say I swore; he made no reply.

JANE BRIDE sworn.

I am servant to Mr. Johnson; I was backwards in the yard washing myself; and I heard a man going up stairs, very softly, about half past five; I asked who was going up stairs; he said, a friend; and I asked him who he pleased to have; he said, he wanted one Mrs. Moore; there is such a person lives in our house; he said, she lives in the two pair of stairs, does not she; and I said, yes; he asked me if she lived in the front room, or the back room; I said, in the front room; I stood at the bottom of the stairs, but I did not hear him go up two pair of stairs, nor did I see where he went; and my mistress was going up, and I told her; and I saw the man come down stairs with the piece of cloth in his hand; it was not wrapped in any thing; he was coming down as softly as he went up; then I caught hold of him by the collar; and my master came, and laid hold of him; and I saw him let the cloth fall; I am sure the prisoner is the man; he had a green coat on.

(The cloth deposed to by the Prosecutor.)

Prosecutor. I had this cloth from Mrs. Johnson; she delivered it to me yesterday; here is my name on it; I wrote my name on it at justice Read's; and Mr. Johnson put his name, and the maid's name on it; I carried it back by justice Read's orders, to be kept in Mr. Johnson's possession; I am sure that is the same cloth that I had at the justice's; I know it by the stamp; twenty-six yards; and No. 143, marked with ink; I paid 2 l. 3 s. 4 d. for it.

Mr. Johnson. This cloth was brought in the kitchen where the prisoner was, either by my wife or the maid; it was put in my wife's care, and has never been out of our house; here I marked it; and the girl; and John Yowd .

PRISONER's DEFENCE.

I have not been in England this five years; and I went to seek for this Mrs. Moore, up two pair of stairs; and the outside of the dining-room door, lay this piece of cloth; I took it up, intending to give it to the people of the house; and they said, I wanted to take it; the captain I came home with is in Scotland.

GUILTY .

Transported for seven years .

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

Reference Number: t17881022-26

632. WILLIAM MANSELL DAWSON was indicted for stealing, on the 18th of October , one wicker basket, value 2 s. and forty-eight pounds of butter, value 30 s. the property of William Bull .

JOHN COOKSON sworn.

The butter was put down by the side of William Bull 's waggon, in Newgate market , after the waggon was unloaded; it comes from Witchurch, William Bull is the owner of the waggon; the butter was taken on Saturday last, about a quarter before five; I saw the prisoner take it away; I never saw him before; he took the butter up, and put it on his shoulder, and went off with it; I jumped out of the waggon, and followed him; I overtook him before he had got above twenty or thirty yards; I asked him what he was going to do with it; and he said, he was going to take it to the cart; I asked him what cart; and I pulled it off his shoulder; and he run away; and I took him.

WILLIAM DAWSON sworn.

I saw the man going away with the butter, and I saw him brought back; the prisoner is the same man.

JAMES CHAPMAN sworn.

I am constable of the night, and took charge of the prisoner.

PRISONER's DEFENCE.

I was hired by a person to carry it to a cart, and he was to give me two-pence; the man stopped me, and said, it was his; I know no more.

GUILTY .

Whipped .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17881022-27

633. GEORGE SMITH was indicted for stealing, on the 1st of October , one wicker basket, value 18 d. one bushel of walnuts, value 18 d. the property of Richard Hoy .

A second Count, laying them to be the property of Richard Crunner .

RICHARD HOY sworn.

On the 1st of this month, early in the morning, between five and six, I lost a bushel of walnuts; I was at the Rose, in Clare-market ; and I left the porter, George Crunner , in care of them; I had twenty in all when I set them down; I was absent above two hours.

GEORGE CRUNNER sworn.

I was porter, and left in charge of the walnuts; while I was helping to unload other carts, they were taken.

DAVID WRIGHT sworn.

I am a watchman; I saw the prisoner near to the corner of Fleet-market; he was standing by the basket of walnuts; I asked him who they belonged to; he said, he found them; I took the walnuts and him to the watch-house.

(The basket produced and deposed to.)

PRISONER's DEFENCE.

I found the basket.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17881022-28

634. ROBERT BARRATT was indicted for stealing, on the 3d of October , a wooden cask, value 5 s. and sixty gallons of vinegar, value 2 l. 5 s. the property of George Bowley .

GEORGE BOWLEY sworn.

I can only identify the property.

JAMES WILKINSON sworn.

I was coming down Bishopsgate-street, on the 3d of October, about seven in the evening, and I saw a man rolling a cask down the middle of the street; I followed the man to Ship-yard; and then another man helped him to get it over the kirb-stones; as soon as they went into the alley, I asked them whether there was a thoroughfare; and they said, no; I then went back, and told Mr. Bowley's servant, who found they had missed the cask; then he went and got a constable; and we went to Ship-yard, and found the cask by itself; about two minutes after, the prisoner came up the court, and the constable took him; when he was taken, he was not near the cask.

THOMAS MILNER sworn.

Information was given me of the loss of the vinegar; and at the time when we went and found the vinegar, the last witness pointed out the man to me, and has told me twenty times since, that he was the man.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17881022-29

635. ELIZABETH METCALFF was indicted for stealing, on the 8th of October , one pair of women's shoes, value 3 s. and two pair of women's slippers, value 6 s. the property of John Reed .

JOHN REED sworn.

I am a shoemaker , and live in Shoe-lane ; and can only prove the property.

JOHN KENTERRIS sworn.

The prisoner was servant to my master; she has lived with him about a fortnight; on Wednesday fortnight, about half after four, the prisoner came down stairs to me into the shop; she desired me to go down stairs to get her some beer; I made belief to go, but came up immediately, as I had a suspicion of her, she used to spend such a deal of money; I stopped at the corner to watch, and saw her take a pair of shoes off the shelf, and put them into her pocket; I took no notice of it; and she asked me whether I had the beer; and I said, yes; and then she said, she should go and clean herself, and when she came back, I might go down and warm my hands if I was cold; I staid in the shop till my master came home, and then I told him.

John Reed . When the boy informed me, I took her into the kitchen and searched her, and found nothing; I sent for a constable; and she acknowledged stealing the things in the indictment; which the constable found at a pawnbroker's on Snow-hill.

JOHN BAXTER sworn.

I am a pawnbroker on Snow-hill; I took a pair of shoes in pawn of the prisoner, on the 8th of October; the other two pair are pledged in her name, but I do not remember taking them.

(The property produced and sworn to.)

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17881022-30

636. WILLIAM RICHARDSON otherwise WILLIAM JONES was indicted for feloniously stealing, on the 12th of October , one wooden chest, value 4 s. two linen gowns, value 20 s. six yards of cloth, value 12 s. a petticoat, value 8 s. a shawl, value 2 s. a cotton shawl, value 3 s. a muslin shawl, value 6 s. three aprons, value 7 s. 6 d. one lawn ditto, value 2 s. two pair of stockings, value 4 s. one pair of gloves, value 18 d. a pair of shoes, value 2 s. a muslin cravat, value 18 d. a jacket, value 6 s. three waistcoats, value 7 s. 6 d. three ditto, value 9 s. six shirts, value 12 s. six pair of stockings, value 24 s. and thirteen guineas, the property of Dennis Harrowgan , in the dwelling-house of William Weatherall .

DENNIS HARROWGAN sworn.

On Saturday week I brought the prisoner to my lodging, and made up a bed for him; he had been a messmate with me; I lodged at Mr. Nayland's, the Black-Horse, on Tower-hill; he laid all night in the same room with me, and breakfasted with me; and he assisted me with my chest down to the Tyger, near Tower-stairs ; it is the house of William Weatherall ; I left it there; I was going to take it to Ireland in the Prince William, Captain Sutton; we had a pint of beer; and he returned with me, to help me with my bedding, and sea-stock; and while I was calling for a bottle of rum at my lodgings, which was the Black-Horse, he slipt out, and crossed Tower-hill, and went to the Tyger, and took away my chest; I then went to the Tyger, and found my chest gone; he was taken the next evening, near Nightingale-lane, and brought to my lodgings; he had a waistcoat and breeches of mine on him; and a jacket and shirt was brought back with him, which were mine; William Gomer and William Rogers , my messmates, took him; I never found any other of my things; I had thirteen guineas in money, in my chest, which I put in on Sunday morning; and there were three gowns, two made up, and one not made, of my wife's; they were linen; there were three shawls, two petticoats, there were six shifts; three silk handkerchiefs of my own; and I believe, three white aprons, four pair of

cotton stockings, and a pair of thread, a pair of stuff shoes, a red cloak, and three caps. I asked him to tell me where the things were; he said, if I would send my man with him, he would shew him where the things were; I said, I would not; I would go myself; he said, there were only two guineas gone out of it; he was committed.

Jury. Did the prisoner know what was in your chest before he took it away? - He saw me put the money in.

WILLIAM GOMER sworn.

I found these things on the prisoner; he had a pair of breeches and waistcoat under his jacket; he could not say much when I stopped him; then he wanted very much to walk by himself; I carried him to the Black-Horse and Crown, where the prosecutor lodged.

WILLIAM ROGERS sworn.

I took the prisoner; he had these things upon him.

(The things deposed to.)

Prosecutor. Here is a white stitch in the jacket; I put it in eight months ago; I swear also to the waistcoat and breeches.

- BOWYER sworn.

I live at the house of Mr. Weatherall; I went to the door; it was the prisoner knocked at the door; says he, I come for this chest; he went into the tap-room, and took up the chest; it was very heavy; something gave way; d - n the chest, says he, and took it up again.

PRISONER's DEFENCE.

I met this man on Tower-hill; and he asked me in to drink with him at a public-house; we went in, and had a pint of beer together; he said, he had those things to dispose of; I gave him fifteen shillings and sixpence for them; then I was to carry his chest to East-Smithfield; and a woman took it.

Court to Prosecutor. Did you sell any thing to him? - Never in my life.

GUILTY , Death .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17881022-31

637. JAMES AKERY and DANIEL SEWELL were indicted for stealing, on the 10th of October , nine pounds and a half of raw sugar, value 3 s. the property of Richard Taylor and others.

Richard Taylor and Thomas Martin saw Akery take the sugar and give it to Sewell.

BOTH GUILTY .

Whipped .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17881022-32

638. DANIEL HARRISON was indicted for stealing, on the 16th of October , fourteen pounds weight of moist sugar, value 2 s. the property of Thomas Harrison .

The prisoner was taken with the sugar in his pocket.

GUILTY .

Whipped .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17881022-33

639. RICHARD MOSDON was indicted for burglariously and feloniously breaking and entering the dwelling-house of John Coleman , about the hour of one in the night, on the 16th of October , with intent, his goods, chattels, and monies,

then and there being, to steal, take, and carry away .

The witnesses were not able to swear to the prisoner.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17881022-34

640. RICHARD WILD and JOHN HUTCHINSON were indicted for stealing, on the 17th of September last, eight hundred pounds weight of lead, value 8 l. the property of a certain person unknown.

JOHN TRIMMINGS sworn.

I live at Charlton; I was at the taking the prisoner, on an island in the parish of Sunbury ; it was twelve at night; Michael Green, Joseph Scott , and Richard Williams were with me when we took them; on the 17th of September they brought a boat with them to the Island; we saw them coming up the stream; we were on the island; the prisoners were in the boat; nobody else; I saw them land, we concealed ourselves before they came; we saw the lead on the island, lying in a little sort of gutter, covered with grass and leaves; there was near eight hundred pounds weight; the prisoners went directly up to the lead; and as they went along, I think it was Hutchinson, that said, he supposed the bird was fled; the other had a pole in his hand, and he hit the lead with it, and said, no, here is the nest, and the bird, as we left it; they proceeded to load it, and carry it away; there were fourteen pieces; they took six pieces; and as they were coming with two more, we rushed out upon them, and took them; they made a strong resistance, and asked what we were going to do with them; I had a gun in my hand, and Wild strove to take it away; one of the men gave him a blow on the head, and he let it go then; and I secured his hands, and tied them, and his legs; they did not say where it came from, nor what they were going to do with it; I secured Hutchinson too, and put them both into the boat; we left the other lead behind; and lodged the prisoners in the round-house; and between six and seven the next morning, we went for the remainder of the lead; and it is left with Mr. Taylor, a justice of the peace; some of the pieces weigh near an hundred weight; it appeared to be old lead, and to have come off some building.

Mr. Schoen, Prisoner Wild's Counsel. This is a little island on the river? - Yes.

There is a stream, and locks upon it? - No locks that I know of; I am very sure there are none; there is a back water comes down.

Is there no way of running to keep flush the water? - There is not.

Has this lead been claimed? - No.

MATTHEW GREEN sworn.

Esquire Taylor ordered me and the others to go and watch on this island; on the 17th, the prisoners came. (Here this deponent deposed to the same effect.)

JOSEPH SCOTT sworn.

I saw the lead lay, and gave information to Mr. Taylor; and I watched with the other two. (Deposes to the same effect.)

Mr. Schoen, Prisoner Wild's Counsel, submitted to the court, that no felony was proved in this case; which objection the court thought was well founded, and the prisoners were BOTH ACQUITTED .

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

Reference Number: t17881022-35

641. The said RICHARD WILD was again indicted for stealing, on the 17th of

September last, seventy-five pounds weight of lead, value 15 s. belonging to James Berry , and affixed to a certain orchard belonging to his dwelling-house .

The case opened by Mr. Silvester.

JOHN TRIMMINGS sworn.

On the 17th of September, I went to the prisoner's lodgings in Sunbury; there I found a sack, containing a leaden pump, and the pipe belonging to it; (produced and deposed to.) I compared it with the plumber, and fitted it; it fitted exactly in Mr. Berry's garden.

How do you know this was Wild's lodging? - I knew he lived there; he and his wife lived in it; nobody else lives there.

MASON STILES sworn.

I am a plumber; I saw this pump; I was going to repair it for Mr. Berry; I saw it about three weeks before, standing in Mr. Berry's orchard; I took the sucker out; I am sure it is the same pump; I never sold him any lead.

BENJAMIN MILSON sworn.

I am gardener to Mr. Berry; I have seen the pump; we had lost a pump about the latter end of August; it has all the appearance of the same pump; it was out of repair.

The prisoner called three witnesses to his character.

GUILTY .

Transported for seven years .

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

Reference Number: t17881022-36

642. MICHAL DONNELLY was indicted for stealing, on the 10th of October , twenty-three pounds weight of lead, value 4 s. belonging to his Royal Highness George Augustus Frederick Prince of Wales , and affixed to his dwelling-house .

The prisoner was seen beating up the lead, and taken with it upon him.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17881022-37

643. JAMES CARPENTER was indicted for stealing, on the 1st of October last, eleven feet of rope, called hawser, value 5 s. the property of Peter Mellish , William Mellish , and Robert Mellish .

There being no evidence the prisoner was ACQUITTED .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17881022-38

644. JAMES BLAKE was indicted for stealing, on the 25th of September , two quart pewter pots, value 2 s. the property of William Roberts .

WILLIAM ROBERTS sworn.

I am a publican in New-gravel-lane ; I lost two quart pewter pots, the 25th of September, from my house, about half past nine; there is my own name on them; I never sold any with my name on them; I have no doubt of them; here is my name and addition on them.

JANE WILD sworn.

On the 25th of last month, I was going for some tea and sugar; and the prisoner met me with two pots in his right hand, and asked me for a pewterer's that he might sell them; it was in Cable-street, which is a good way from the prosecutor's; they were pressed together more

than they are now; I said, how came you by them? he said, that crossing the Red-house, he found them in a field; I took them into a public-house, and the prisoner with me; the publican opened the pot with a poker, and was reading the name; then the prisoner went to the door and ran away; I saw him brought back within a quarter of an hour; I am positive he is the same person.

JAMES PRIEST sworn.

(Produces the Pots.)

They were brought to the office by Mr. Williams's maid.

( Jane Wild deposed to them.)

PRISONER's DEFENCE.

I found the pots coming from Deptford, by the Windmill, and carried them in my hand all the way.

GUILTY, 10 d .

Tried by the first Middlesex Jury before Mr. ROSE.

Court. In consideration of your behaviour to the young woman the court order you to whipped and discharged .

Reference Number: t17881022-39

645. AMELIA HARDING was indicted for stealing, on the 17th of October , one cotton gown, value 2 s. two linen aprons, value 12 d. the property of Sarah Moysam ; and two shifts, value 2 s. one apron, value 6 d. and a frock, value 6 d. the property of Joseph Barber .

The prisoner was taken coming down stairs with the property in a bundle.

(Deposed to.)

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17881022-40

646. THOMAS WILLIAMS was indicted for feloniously assaulting William Mackay , on the king's highway, on the 11th of October , and putting him in fear, and taking a silver watch, value 3 l. a stone seal, set in metal, value 1 s. a metal watch-key, value 1 d. his property .

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17881022-41

647. ELIZABETH THOMAS was indicted for stealing, on the 26th of September , a silk handkerchief, value 2 s. and two guineas , the property of William Stevens .

WILLIAM STEVENS sworn.

On the 26th of September, between eleven and twelve at night, coming over London-bridge, the prisoner asked me to treat her to part of a pint of beer, and begged for charity; and said, she had got three small children; I went into a public-house, and we had one pint, and then I called for another; afterwards I came away over London-bridge, to see how my craft lay; this woman followed me, and then I had another pint of beer, or two, at the bottom of Miles's-lane; and she drank with me; I came away from there to Thames-street , and in Thames-street, she seized me by my breast, and took my handkerchief from my neck; in a little time after that, I stopped, and put my hand up to my neck, and missed my handkerchief; I followed her, and chastised her; you hussy, says I, you have my handkerchief; she swore much, till I threatened to charge the watch, if she did not deliver it; then the watchman was coming up, and she pulled the handkerchief from underneath her petticoats; I held the handkerchief out on my finger for the watchman to see it; for in the corner of it, when I came out of the public-house, there were two guineas tied up; and when she delivered

it to me, there was nothing in it; I put it in my handkerchief that I might not lose it out of my pocket, when heaving up the mast.

Is it possible that a sober man could lose his handkerchief, without feeling it taken off his neck? - My lord, she struck me on my breast, which took away my attention; when I got my handkerchief, I charged the watch with her, and she was taken to the watch-house.

JOHN WAINWRIGHT sworn.

On the 26th of September, about twelve o'clock at night, the prosecutor and the watchman brought this woman in; and I searched her; she denied having any thing but a saw halfpence about her; I then threatened to take her to the counter; and she said, if you will let us go to the place where we were, perhaps we may find it; says! ah! do you think so? yes, says she, perhaps we may; then I, the prosecutor, and a watchman went with her; and she took us into a court, and we could not find any thing; then we went up Martin-street; and she said, I want to make water; I will be glad if you will step on a little; I had stept from her a few yards or so, and stopped, but she did not do any thing at all; I took her to the watch-house again, and found two guineas in her left hand; I asked her how she came by it; she said, she picked them up, and said, she had as much right to pick them up as we had, if she had not picked them up we should; another time, she said, she had borrowed them to go to market, and another time, she said, they were her own; she was in three stories.

Prisoner. Where did you go to look for the money? - In a passage where she took me to.

WILLIAM RICE sworn.

I am a watchman; the prosecutor charged me with the prisoner, and she said, it should be charge for charge; she had no charge to make against him; I took her to the watch-house; she was searched, and nothing found; then she went out with the constable, and me, and the prosecutor, to look for the money, which we did not find; and on her return to the watch-house, we found the money in her hand.

ANTHONY HARRISON sworn.

I am a city patrol; I was passing by the watch-house, and went in, and they were searching this woman; she was very obstreperous; and they found the money in her hand; she would not walk, we were obliged to carry her to the Compter; she was very indecent indeed.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17881022-42

648. JOSEPH BRADFORD was indicted for stealing, two pint pots, value 1 s. the property of Thomas Hopford .

THOMAS HOPWOOD sworn.

I keep the Half-Moon, in Half-moon alley, Bishopsgate-street ; my servant went out to gather her pots; and I heard a noise in the street; I thought it was her voice; and she said, here is a man has stole my pots; I laid hold of the prisoner, and sent for an officer, who came and searched him, and found a pint pot in his pocket, which was mine.

SUSANNA NORTON sworn.

I am servant to the prosecutor; I went out gathering pots; and while I went up stairs to a customer, I thought I heard my pots rattle; I went down, and saw the prisoner, and was sure he had some; I taxed him with it; and he threw one into the passage, and was going away; I went after him, and my master came out.

THOMAS SAPWELL sworn.

I am a constable; I took one pot out of

the prisoner's pocket, and have had that and another in my custody ever since.

(The pots deposed to.)

THOMAS HARRIS sworn.

I am a weaver; I have known the prisoner three years; he always bore a very good character.

GUILTY .

Whipped .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17881022-43

649. GEORGE DEARY was indicted for stealing, on the 27th of September last, one cloth jacket, value 5 s. the property of Thomas Major .

THOMAS MAJOR sworn.

I am a coal porter , and live in middle Shadwell; about a month or five weeks ago I lost a cloth jacket; I went to work, to heave some coals out of the craft, and left my jacket on the wharf, on a tar barrel; the jacket was given me by Mr. Grove afterwards; I have had it ever since.

- GROVE sworn.

I am housekeeper to one Mr. Morgan, of Lower Shadwell; I was in the lost doing my business, and saw the prisoner with another man; I suspected them; I saw the prisoner point his finger towards the jacket; accordingly the prisoner went, and took the jacket out of the tar barrel; I came out of the lost, and stopped the prisoner with the jacket upon his arm; I could not catch the other; I was lame; the prisoner told me the other man gave it him; I gave the jacket to Mr. Major; when I took him, he was walking; I believe he had got about twenty yards.

(The jacket deposed to by the prosecutor.)

PRISONER's DEFENCE.

I went down in the yard to ease myself, and the man asked me to take it up for him, which I did.

GUILTY .

Whipped .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17881022-44

650. ELIZABETH PARKER and MARY ANN HILL were indicted for stealing, on the 3d of October , a silver watch, value 4 l. the property of John Jones .

BOTH NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17881022-45

651. RICHARD PURSER was indicted for stealing, on the 20th of September , half a crown, a sixpence, and a halfpenny , the monies of William Young .

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17881022-46

652. SAMUEL FREE was indicted for stealing, on the 18th of October , one cotton handkerchief, value 1 s. the property of Samuel Rushart .

The prisoner was taken immediately with the handkerchief.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17881022-47

653. JANE BOWTEN was indicted for stealing, on the 16th of October , a

muslin gown, value 10 s. an apron, value 10 s. a book muslin ditto, value 2 s. a black silk laced handkerchief, value 5 s. a pair of robbins, value 2 s. a cotton under petticoat, value 2 s. and other things , the property of William Leach .

WILLIAM LEACH sworn.

I live at No. 3, St. Martin's Church-yard ; I know nothing of the loss of the property.

SARAH LEACH sworn.

I am wife of William Leach ; I know nothing, only proving the property.

JOHN WASHINGTON sworn.

I am grave digger and engine-keeper of St. Martin's; there was a bundle left at the gate, leading to the engine-house; I live joining the engine-house, in the lane; on this day se'nnight I saw a bundle in my own house, in the lower part on a table.

ANN COX sworn.

I live at Mr. Washington's, and sell fruit at his door, at the gate; the prisoner brought to me, about a quarter before nine in the morning, Friday, October the 17th, a small bundle pinned up in a half handkerchief, what they call a half shawl; which I have seen her wear, she told me it was soul linen, that her mother was to fetch to wash; I knew the prisoner a little while by selling her fruit; I did not know her name; she desired me to give it to Mrs. Washington till she called for it, and I did so; I carried it into Mrs. Washington's parlour, and put it down; I did not observe any body was there; I laid it on the floor, and afterwards told Mrs. Washington; I never undid the bundle; I saw it, nor her, no more.

Prosecutor. I had this bundle from Mr. Washington.

Washington. I took this property belonging to the prosecutor, and more belonging to the prisoner; I found it on a table in my house; it might be there an hour, I never opened it.

NOT GUILTY .

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

Reference Number: t17881022-48

654. GEORGE FREEMAN was indicted for stealing, on the 10th of October , a pair of leather shoes, value 4 s. the property of James Brown .

The prisoner was taken with the shoes.

GUILTY .

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

Reference Number: t17881022-49

655. JOHN BREWSTER was indicted for stealing, on the 27th day of September last, a brilliant diamond pin, set in silver, value 10 l. the property of Richard Wickham , Esq .

RICHARD WICKHAM , Esq. sworn.

I live at present at No. 11, Arundel-street, Strand; on the 27th of September, I took a coach opposite Mitre-court; the prisoner was the coachman ; it was at one or two, I went to Mr. Parker's, a jeweller, in St. Paul's Church-yard; I there took from Mr. Parker, a diamond pin, which I had delivered to him to be mended; I had some other bracelets; for this pin was sent to me by a lady in the West Indies, desiring it might be mended; I then drove to some other places, the fare came to 5 s. I went from there, I think, into Wellclose-square, or somewhere thereabout; it was too long to put in my pocket, and I laid it on the side, upon the seat; the prisoner sat me down in Arundel-street; there was another gentleman in the coach with me, from the beginning; his name is Mr. Christopher Moe ; I went up stairs,

and called the prisoner up, and paid him his fare, which was 5 s. the prisoner then went down again, as I understand, to his coach; I had some olives in the coach, which the gentleman and me had been eating, and I desired the maid to take them out, they were taken out; I then took the bracelets, which I had in my pocket, and was looking at them, when I remembered the pin, which I had left there; I then went down to see if the coachman was gone, and I found he was; it was not longer than eight or nine minutes; I did not know his number, and I went to the coach office to find him; I was advised to take a coach and drive after the prisoner, and I found the prisoner at the stand at the Mews; it was not more than two hours and a half after; I knew the coach by the horses, having observed their harness; when I found the coach, I opened the door and looked into it, thinking, perhaps, the coachman had not seen it; the coachman was at dinner, and a waterman fetched him; I recollected the prisoner, as coachman, and I asked him for the pin; I recollected him, because he had on a pair of red breeches, and a yellow edging round his hat, I will not say it was gold, and a mark he had over one of his eyes; I described his hat at the office; I asked the coachman if he had seen the pin? I think, I asked him if he had seen a pin, that I left in the coach? he then denied his having it, or having seen it; I then, I think, offered him a reward, or if not then, I did sometime afterward, and to think nothing more of it; he said he knew nothing of the pin, and had taken up a gentleman and set him down, since me; I think he said, the corner of St. James's-street, or Pallmall; I then left him on the stand; he told me I had called him from dinner, and prevented him from finishing a pot of beer; I went to some friends at George's Coffee-house; and afterwards, I think, I found his No. was 945, and I got referred to the master of the coach, in Rupert-street; while I was speaking to his master, desiring him to persuade the man to return it me, the coachman, with the same coach, drove in; I then again asked him after the pin, and offered him a reward of four, five or six guineas; he again denied having it, or having seen it; in about seven, eight or nine days after, a man, like a coachman, came to my lodgings, and gave me some information, in consequence of which, I went to Sir Sampson Wright's, this coachman was there; I think the pin was not then produced; I desired another day might be appointed, and on the 7th of October, I went to the office, where the pin was produced; I think, I saw it in the hands of the pawnbroker. I never got my property.

This diamond pin, you had in charge from a lady, to have repaired? - Yes.

Mr. Knowlys. This you say, sir, was the property of a lady in the West-Indies. - Yes, a relation of mine, I am a West-Indian myself.

You entered into no engagement to return the value of this pin, if lost? - No.

If you ever return the value of this pin to the lady, (supposing it to be lost) I dare say, you will look upon it a matter of honor, not of legal obligation? - Certainly.

( Charles Griffiths deposed, that the prisoner brought the pin to him, to keep till it was advertised.)

NOT GUILTY .

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

Reference Number: t17881022-50

656. JAMES WILLIAMS was indicted for stealing, on the 30th of September , a silk cloak, value 4 s. the property of Elizabeth Hamilton .

ELIZABETH HAMILTON sworn.

On the 30th of September, between seven and eight o'clock in the evening, a man took hold of my cloak, and wrenched it from my shoulders; and when I put out my hand to lay hold of the cloak, he immediately

held out his arm to give me a blow; there was a man coming up, which scared him, and I held out my hand again, and he ran up Neptune-street , with the cloak, and the witness here ran after him; I cried, stop thief; when he was taken, he was gone out of my fight; he was brought back instantly; he did not go above a gun shot; the cloak was brought with him; it is in the constable's possession; the prisoner and the cloak were delivered to a constable.

THOMAS NEALE sworn.

I was going up, out of the highway, I saw the prosecutrix, and the prisoner, coming out of the public-house, the woman was rather first, turning to her left hand, I saw the cloak on the woman; the prisoner turned to the right hand; I saw her cloak disappear off her back, and she began to make a noise for it; I cried, stop thief! the man run up the street, it is forty-four steps up the street, I measured it since, to be particular in my evidence; he run against the bar, at the top of the street, he knocked himself down; I took him to the King's Arms, Neptune-street, which was kept by an officer; the cloak was fetched into the house; the prisoner was kept in custody; the darkness of the night hid him from my view, but not long.

AL. BIRDSHAW sworn.

I heard the cry of, stop thief! and saw a man run, he run against the bar, threw himself backwards, and cut his mouth, he got up, and I collared him; and to the best of my knowledge, he put his hand under his coat, and took something and shied it away; I got a candle and went out, and picked up the cloak, about two yards and a half from where he fell down; I brought it back, and delivered it to the constable.

JOHN BIRDSHAW sworn.

I took charge of this man; my brother gave me the cloak; I have kept it ever since.

(Produced and deposed to by prosecutrix.)

Did you know this man before? - No, I asked him to go of an errand; I was enquiring for one Mr. Smith, and he followed me into this public-house.

PRISONER's DEFENCE.

This woman asked me to drink, for she liked sailors; we had a pot of beer, and she called for six or seven quarterns of rum hard running; she was intoxicated, and asked me to go home with her, and pass for her cousin; and then she would not go home; we were both very drunk; she hauled me one way, and I her another, and the cloak slipped off; and then they sung out, stop thief!

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

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17881022-51

657. MARY, wife of ABRAHAM SMITH , was indicted for stealing, on the 6th of October , a linen sheet, value 4 s. the property of John Shillitoe , in a lodging room, let to the said Abraham, and to be used by the said Abraham and Mary, against the statute .

JOHN SHILLITOE sworn.

I live in Bow-street, Westminster , near the Abbey; on the 29th of September last, I let the lodging to the prisoner; she lodged with me till the 6th of October, when she came in, disguised in liquor; she had lost the key; and she went up and broke the door open, she broke the lock, and spoiled the key; and then she went out to get the lock mended; in the mean time I searched her room, and found a sheet was gone; when she came in she was more in liquor than before; I asked her where the sheet was, and she said nothing; I went to a

constable, and he told me I must take a warrant; I did, and she was taken before the magistrate, quite drunk, who sent her down to Bridewell; and three days after she was examined, and re-committed; she said, if I would leave her alone, she would re-place it; I believe she was not going to leave her lodging.

THOMAS HINDES sworn.

On the 6th of October, in the morning, the prisoner pledged this sheet with me for 2 s. 6 d. I have known her and her husband some time, they do not always live together; she has often pledged things with me, and her husband has taken them away.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17881022-52

658. GEORGE BIRD was indicted for stealing, on the 21st of October , a live sow pig, value 5 s. the property of William Wood , Esq .

MATTHEW RUSSELL sworn.

The pig was in the yard, last Monday night, at Ealing ; I saw it about six o'clock, and on Tuesday morning about eight o'clock, it was missed.

RICHARD GOSS sworn.

I met the prisoner with a bag on his back, about half past one o'clock on Tuesday morning; it was at Acton; I am a watchman; I stopt him; there were in the bag, two cloths, a pig, and some feathers; the pig was alive; I took him to the constable, and gave charge of him.

EDWARD WALLACE sworn.

About a quarter before two, the watchman brought me the prisoner, and the pig; I put the prisoner in the watch-house, and locked the pig up in my stable; the pig is now at the door.

(The pig examined at the door, and deposed to by Russell and William Sawney .)

Prisoner. I bought the pig.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17881022-53

659. JOHN MARTIN was indicted for feloniously stealing, on the 2d day of October , six guineas, two crowns, three silver shoe buckles, value 5 s. eleven silver buttons for a coat, value 20 s. and a trunk covered with leather, value 1 d. the property of Thomas Smith , in his dwelling house .

THOMAS SMITH sworn.

I am a house-keeper, in Great-Windmill-street , I am a foot dealer ; on the 2d of this month, I lost six guineas, from a bureau in my one pair of stairs, and two crowns, three silver shoe buckles, and eleven silver buttons, from a child's leather trunk, in the upper part of the bureau; the six guineas were in a little box; I saw these things about three days before; on Friday, the 3d of October, I missed these things; my bureau was unlocked as I left it; on the next day, I advertised them; and on Monday I had a suspicion of the prisoner, and I got a warrant for him, from Mr. Hyde's; I knew the prisoner before; he served five years apprenticeship to me, and had been out of his time a year and an half; the constable went with me to his lodgings, the back of the Royal Oak, in Hyde-street, St. Giles's.

Did you know he lodged there? - Not till I was told; we found two guineas and

a half, and one shilling, in his pocket; and some new cloth, and shoes, and stockings, at the pawnbrokers, in Long-acre; we found the three shoe buckles, and the eleven silver buttons; the maker's name is Heather; we found the trunk, at a house at top of Market-street; the prisoner owned, before the Justice, that he took them; I said nothing to him before; he would not confess any thing to the constable, till we went to the Justice.

Did nobody say to him, it would be better for him? - The constable told me, going along, if I would forgive him, he would tell me where the things were; I told him, as the constable had got him, it was out of my power; he said he had sold the buttons, in Long-acre; he went with as to the shop, and I saw the buttons, and the buckles there; I am sure I used neither promises nor threats; he told the Justice, in my hearing, I cannot tell whether what he said was taken down in writing; he said before the Justice, that the street door, being open, he went up stairs; the stairs front the street door; he said, he then went to the bureau, and took the property out; the buckles, money, and buttons.

Did he say he had taken the money? - Yes, he owned to five guineas, the buckles and buttons; and he told the justice, that he bought the cloth and things, which the constable has, with some of the money; I was with the constable, and he had found the cloth in his lodgings; the prisoner was there, and saw as find it; I am very sure that before he made any confession I told him, I could not forgive him now the constable had him; I had before proposed to forgive him, before the constable came; he did not tell us any thing about the money, till we were coming along; not till after I told him I could not forgive him.

Prisoner. They said, they would forgive me going along the street.

GEORGE PAUL sworn.

I am servant to Mr. Heather, the pawnbroker, in Long-acre; on the 3d of October, the prisoner came into our shop, with three silver buckles, and eleven silver buttons, and sold them; they came to thirty-four shillings and sixpence; I gave him the money; and he went away; I did not ask him any questions; that is five shillings an ounce; these are the things.

(Produced and deposed to.)

Prosecutor. I have had the buttons fifteen years; I bought them in the Strand, with that devise upon them; I have had the buckles five or six years; they were whole when I had them.

Paul. I broke the buckles after I weighed them.

WILLIAM BROOKS sworn.

On the 6th of October, I apprehended the prisoner; I believe it was at his lodgings; I searched him, and found two guineas and a half in his pocket, and some new cloth, a new pair of shoes, some stockings, and handkerchiefs in the room; when I spoke to him, he said, he had robbed his master of five guineas; I said nothing to him; the prosecutor's wife was in the lodgings; she asked her husband not to hang him; and desired he would tell.

Court. Was this in the hearing of the prisoner? - Yes.

Did the prosecutor say, he would, or would not hang him, if he would tell? - I did not hear him say any thing about it; he said, I have not had six guineas, it was only five; he did not say, particularly, how he got them; he said, he had thrown the trunk, but he had not opened it, into an area, in Jermyn-street; the lad began crying, and the old gentleman said, he did not so much care about the money, if he would tell him where the child's trunk was; then we went, and took him with us, to the house in Jermyn-street, where he had thrown the trunk; and as we were going along, he said, several times, he had never opened the trunk, and did not know what was in it; we found the trunk there; it was cut open behind; there was nothing in it; the prisoner continued denying the

taking the money; and as we came back, I told him, as he had told his master so much, he might as well tell where the rest of the things were, as he must have cut the trunk open; he did not tell me for a good long while; but just as we got to the place, he said, he had sold them in Long-acre.

Court to Prisoner. What have you to say for yourself.

Prisoner. Guilty, my lord.

Court. Have you any witnesses? - I have not a friend in the world, but a poor mother; it is the first time I was in custody; I served seven years to his wife before.

Prosecutor. I believe it is the first fault he was ever guilty of, if you can shew him any favour.

Court to Prosecutor. Your bureau was unlocked? - Yes.

And the street-door, and the one pair of stairs-door open? - Yes.

GUILTY, Of stealing to the value of 39 s .

Transported for seven years .

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

Reference Number: t17881022-54

660. ROBERT JONES was indicted for burglariously breaking and entering the dwelling-house of Isabella Hall , about the hour of eight in the night, on the 7th of October , and burglariously stealing therein, twenty-four yards of linen cloth, value 3 l. three muslin handkerchiefs, value 5 s. four tuckers, value 1 s. two shifts, value 3 s. a pair of sheets, value 3 s. two diaper table-cloths, value 2 s. a plated milkpot, value 4 s. a pair of sleeve-buttons, value 1 d. a tea-board, value 2 s. a silk purse, value 2 s. two guineas, one half guinea, and eight shillings in monies numbered, her property: three printed cotton gowns, value 12 s. a muslin ditto, value 8 s. a green silk skirt, value 5 s. three muslin aprons, value 5 s. five pair of robins, value 1 s. six tuckers, value 2 d. two cotton night-caps, value 6 d. a cotton handkerchief, value 1 s. a handkerchief made of silk and cotton, value 4 s. three lawn handkerchiefs, value 6 d. the property of Margaret Hall : seven pieces of silk, value 40 s. a figured sattin waistcoat, value 20 s. two pair of dimity breeches, value 3 s. a pair of black velvet breeches, value 3 s. two pair of thread stockings, value 1 s. four handkerchiefs, value 4 s. six shirts, value 20 s. a pair of stone knee-buckles, value 2 s. four silk handkerchiefs, value 6 s. the property of William Wilson , in the same dwelling-house .

(The case opened by Mr. Garrow.)

ISABELLA HALL sworn.

I live in Old-Gravel-lane, Ratcliffe-highway ; I keep a school ; and a sister of my husband's, Margaret Hall, lives with me; Mr. Wilson is a friend of mine, who has gone to sea, and left his property under my care; I had it the seventh of this month, at five o'clock at night; Wilson's property was in a large trunk, in the garret; I went out on that day first, at six o'clock, and returned at seven; and when I went out at six, I fastened all the house; I stood at the street door while my sister fastened the parlour window, which are two outside shutters bolted; then my sister came out, and double locked the door; that was about seven; then we went to a neighbour's, and returned a little after eight; and we found the street-door open; I got a light, and we went in, and found the lock of the door bent back, and the staple that holds the lock intirely taken away; the post that used to hold the staple was broke almost down from the wall; then I went up stairs, and the first thing I saw in the garret, was two trunks, that were full of clothes at five o'clock, and they were emptied of every thing that was in them; they lay on the floor; I left them in the garret; the little trunk

was locked, and the big one so full, that it could not be locked, but the key was in it; the large one I found empty in the place where I left it; and the little one had been removed, and lay on its side empty; those were both my own trunks; but the property was part mine, and part my sister's, and part Mr. Wilson's, who is gone abroad; then we came down stairs, and observed matches burnt, and unburnt, laying on the carpet; there were two or three; my whole house was pillaged of every thing that was easily moveable.

Do you know all the articles that Mr. Wilson left with you? - Yes, I know them all; and know I left them in the house; there were several waistcoats, all of which were sattin; there was one made up, and eight not made up; they were all in the large trunk in the garret; (Repeats the things in the indictment.) The mark on the silk handkerchiefs was W. W. no part of the property has been recovered, but one waistcoat, which was made; and my sister's handkerchief, which is unmarked; I left my trunks safe at five o'clock; and saw all the clothes; because I had the waistcoat in my hand; the reason I searched the trunk, was, my sister and I were going out, and she wanted her gown; we went up in the garret to get my sister's gown, which had been laying in the trunk, under the waistcoat; we took out the gown, and put the other things in; I saw the waistcoat in the custody of Mr. Armstrong the officer; I missed all the articles to the value of thirty pounds.

MARGARET HALL sworn.

I went out with my sister in the evening, about six o'clock; and previous to that, I had occasion to go to the trunk in the garret; I saw all the property, particularly the figured silk waistcoat; I took this gown from it; I can swear that every article was then safe; I went out about six, making every thing safe, except the parlour window; while I shut it up my sister stood at the street-door; I put to the shutters, put up the bar on the outside, and bolted them within; when I had done that, I came out immediately, and double locked the street-door; then we went to our neighbour's, and returned at eight; when we returned, by the light of the lamp, the street-door was open; I went into the dark house by myself; I went up stairs; I got a light; and I found the street-door open; the wood of the door-post was broke in several places; the staple was intirely taken away, and bent back; I went up, and the great trunk, which had been shut down, was wide open; it was intirely empty when I came back; I understood the wood of the little one was a little hurt; the trunk was locked when I left it; when I came back it was empty, open, and laid on its side; every closet was broke open, and every thing was taken away; on Wednesday night, about seven, the property was brought to our house, and shewn to me by Armstrong; there was nothing brought to me, but a green sattin waistcoat of Mr. Wilson's, and my own policat handkerchief; it was a new handkerchief, and had never been used.

Mr. Knowlys, Prisoner's Council. Then this policat was brought to you by Armstrong, before you went to the justice's office? - Yes.

Then before he came to you, you had no intimation of the property? - No.

I take it, in looking into this trunk, you were more attentive to find your own clothes, than to observe any other? - When I went to the trunk, I went to take out this gown; I was not looking for the waistcoat.

Mr. Garrow. It was in consequence of the hand bills, that the things were brought to you? - Yes.

When did you give the information to the officers? - The very night it happened.

Court. How do you recollect the hour at which you fastened your door? - I do not know to the minute, but it was nigh that time.

What is your reason for recollecting it was about the hour of seven? - Because I know it was but seven; when I was at the

house it wanted but a few minutes of seven; I took notice of it from a clock in the house; we came down from the place where we was, just as the eight o'clock bell began to ring eight; the bell at St. George's; I heard the eight o'clock bell ring before I left the house.

JOHN ARMSTRONG sworn.

When had you received this information respecting Mrs. Hall's burglary? - On Thursday, the 8th of October, I was going down Spital-square, between ten and eleven, in the forenoon, in company with Harper and Shakeshaft; I stopped the prisoner, and searched him; and in his coat-pocket, I found this handkerchief and waistcoat; he was in company with another person, who separated; the waistcoat was wrapped up in the handkerchief; I asked him whole the waistcoat was; he said, it was his own, and he was going to pawn it; he said, he had had it two months; I then told him, we should take him to the justice's; and in company with the other officers; and on my returning, I received this hand-bill, which led me to Mrs. Hall.

Does that hand-bill describe any such waistcoat? - It says here; one green sattin waistcoat, spotted.

Court. Did they describe the waistcoat before they saw it? - Mrs. Hall, and her sister, and another, were in the room; they said, they should know the things; the little lady, on seeing it, said; oh, my God, that is my handkerchief! I know it; I hemmed it; that waistcoat has been in my possession ever since; I am sure it is the same that was taken from me.

Mr. Knowlys. The prisoner told you the waistcoat was his own, and always persevered in that story? - Yes, he was taken immediately; when the things were found upon him; and he said, it was his own; he said so when I apprehended him, and also when I took him before the justice.

(The waistcoat shewn to Mrs. Isabella Hall.)

This is quite new; it was never worn; when the taylor brought it home, I looked at it, and said, I was happy they had put such buttons upon it, which were the same as the waistcoat; because it was genteeler than metal buttons; I knew the pattern, which me and my sister chose out of three; Mr. Wilson at that time was at my house; he is not in England now.

Were there strings at the back of it? - Yes, there were three strings on each side.

Have you any sort of doubt, that was the one you saw at five o'clock? - No.

Look at the policat handkerchief.

Armstrong. This is the same.

To Hall. Was it such a sort of policat handkerchief, as was lost? - Yes, I cannot speak to the hemming, I could if it was to my own; there was one in the trunk, one of that sort unmarked, and new; this is unmarked and new; upon looking at it now, I am sure it was never washed from the hemming.

Mr. Knowlys. The policat handkerchiefs are not at all uncommon? - No.

To Margaret Hall. Look at that policat handkerchief, do you know your own work? - This is my work.

Are you able to swear positively? - I am able to swear it is my own hand work, I hemmed it myself.

Court. Can you distinguish your hemming from another persons? - I can, by the way that I hem in general, I could not distinguish it after it had been washed, but while new, and before wetted, I could.

Court. How do you know your own hemming? - Because I always fasten the end of my hemming at the bottom, instead of the top.

Court. Now look at this waistcoat? - This waistcoat is a sort of sattin, like that of Mr. Wilson's, that was lost; and he has another, exactly the same, unmade; the buttons were covered with the same silk; I observed these strings behind, I think it is the same.

Mr. Knowlys. Other sempstresses may fasten down at the bottom, as well as you? - They may.

RICHARD CAVERNOR sworn.

I am a journeyman taylor.

Mr. Garrow. Did you work for a master opposite the Royal Exchange? - Yes, his name is Joseph Ryley .

Do you remember making a waistcoat there, for Mr. Wilson? - I did not know who it was for, I made it, this is the waistcoat.

When did you make it? - Some time about the latter end of September, or the beginning of October; I knew it by its being cut, by a mischance, in the back linings on each side, I seamed it up; I do not know the prisoner; I never made the prisoner a waistcoat, to my knowledge.

Does a mischance of that kind, often happen? - The mischance is not common at all.

Mr. Knowlys. You work for other taylors, you say, beside Mr. Ryley? - Yes.

Can you swear to all your work? - No, I cannot; I swear to that waistcoat, from this mischance, I know my work; I should not know it all.

Did you ever swear to your work before? - No, I never did, that accident is the most particular thing; and there is a cotton interlining in the collar, that is not in every collar.

JOSEPH RYLEY sworn.

The last witness did work for me; I did some work for Mr. Wilson; Richard Cavernor made this waistcoat; I cut it out, and covered the buttons; I know it by a particular mark, by a cut in the lining. which is not very common, which Cavernor has spoke of, it was near to the bottom of the back, on both sides of the waistcoat.

Have you the least doubt of its being made for Wilson? - No.

Did you ever make such a one for the prisoner? - No, nor for any other person.

Court. No waistcoat like that, for any other person? - I have not, my Lord.

Mr. Knowlys. I take it for granted, it happens to you, as it does to other taylors, sometimes the sheets make a slip, and injure the cutting out a little? - It does some times.

(The waistcoat handed up to the Jury.)

One of the Jury. This accident is not a common thing.

PRISONER's DEFENCE.

I have had the waistcoat two months; the man I bought it of, is gone into the country, and could not be found, or he would have attended.

The prisoner called three witnesses to his character.

GUILTY , Death .

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

Reference Number: t17881022-55

661. WILLIAM MILLS was indicted for stealing, on the 10th of September last, a silver watch, value 20 s. a steel chain, value 6 d. a seal, value 6 d. a key, value 1 d. the property of Thomas Wywill Kemp .

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17881022-56

662. ANN FENNELL was indicted for stealing, on the 19th of September , a red morocco skin, value 5 s. a table cloth, value 1 s. a toilet, value 1 s. a head cloth of a bed, value 1 s. a sheet, value 1 s. two yards of cloth, value 2 s. a shirt, value 2 s. a copper stew-pan, value 2 s. a tea board, value 2 s. the property of John Oliphant .

(The witnesses examined apart.)

JOHN OLIPHANT sworn.

I was called up by the watch, and informed that a servant of mine was stopped with some things, on the 19th of September, between three and four in the morning; she had left our service; I got up, and went to the watch-house, and the prisoner was in custody there and two bundles; part of the things that were in the bundles were mine; the things are mentioned in the indictment; (Repeats them.) I asked her how she could take them? she said nothing, only begged I would be merciful to her.

Mr. Garrow. This young woman had lived with a brother of yours, for some time? - Yes.

And then you invited her to be in this house, in which there was no other inhabitant? - Yes.

There was no other person in the house? - No.

Are you a single man? - Yes.

Had there been any dispute between you and this young woman, before that morning that you was called up? - She had given me the key up, and gave me notice, that she would go off early in the morning.

Had you paid her any thing, for her attendance? - No.

How long had she been there? - Three weeks.

Was not there some account for your breakfast? - No, I gave tea and sugar, several times, I found every thing of the kind.

Was not there some little dispute about her paying the watchman, for searching the house; - No, Sir, she never said any

thing about it, she told me, she had paid sixpence; I have not paid it her.

Was not there some other dispute now? - No, Sir.

You are a single old gentleman; had not there been some more advances on your part than were right? - No, Sir, no, she had an opportunity of taking away a great many things.

Had she bought any thing of you, at any time? - I had half a dozen silver spoons made for her; she paid for them honestly.

RICHARD KNOTTER sworn.

I am a watchman, as I was crying past three o'clock, the prisoner came by with two bundles; I asked her where she came from, and where she was going? she said, she came from New Cavendish-street, and was going to the Green Man and Still, in Oxford-road, and had taken a place, in a coach, for Banbury; I said, I could not let her go any further, till I took her to the watch-house; she begged me to go back with her, to the place from whence she came, and I should hear of her character there; I went back with her, and left the largest bundle in possession of another watchman; she said she had told the watchman, to call her up at three in the morning; afterwards we took her into the charge of the constable, and gave the bundles into his care.

ABRAHAM CROUCH sworn.

I took this woman with the bundles, to the watch-house.

RICHARD MOWATT sworn.

These things were brought, on the morning of the 19th of September, to the watch-house, by two of our watchmen, with the prisoner; they have been in my custody over since; the prosecutor claimed the things that are sealed up.

Mr. Garrow. Did he acknowledge any thing that he had given to her? - I cannot say he did.

(The things produced, and deposed to by the Prosecutor.)

Prosecutor. They were all up one pair of stairs, in the house she had the care of.

Prisoner. I leave it to my counsel.

WILLIAM YATEMAN sworn.

I live at No. 94, in Leadenhall-street, I am an upholsterer, the prisoner lived with me a year, within about a fortnight, as a servant; she went away last March; I never knew any harm of her; I always looked upon her, as a very honest and deserving girl; my sister gave her a character; she left me, with a very good character; I did not turn her away.

ROBERT EDGAR sworn.

I live in Saint Mary Axe; I knew her when she lived with Mr. Yateman, a year, I lodged there at the time; I always thought her a very honest person; if she was otherwise, she might have taken many things from me, for I was very negligent, and I was at that time, receiver for a school in Yorkshire; I have had fifty pounds at a time in guineas, and she has brought the key to me, at the compting-house, and I never had any occasion to suspect her; if I was to go to house-keeping to-morrow, I have so good an opinion of her, that I would take her for a housekeeper.

The Rev. Mr. HARMER sworn.

I am minister of St. Saviour's, Southwark; I was minister of the parish in which she was born, about seventeen years ago; I have known her from her infancy; I left the country about the time she did; she lived at Warwick, with doctor Lander, with whom I had a personal acquaintance, and I had the best of characters from Mrs. Lander.

A good character through life, to this time? - Exceedingly so; I will promise to receive her into my own service if she is discharged.

NOT GUILTY .

Court. Gentlemen, you have carried your humanity a great way; I hope the young woman will make good use of it, and I hope the gentleman who said he would take her into his family, will have the goodness to do it, which may save her from ruin.

Mr. Harmer. I certainly will do it.

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17881022-57

663. WILLIAM BRENTON was indicted for stealing, on the 3d of October , 20 iron hoops, value 5 s. the property of Charles Rich , George Davis , and John Bond .

The prisoner was found in the loft over the iron house, and a bundle of hoops by him.

GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17881022-58

664. HENRY CUNNINGHAM was indicted for stealing, on the 5th of October , a half guinea , the property of John Forrester .

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17881022-59

665. JOHN ROBBINS was indicted for stealing, on the 4th of October , a boiling copper, value 5 s. and six iron bars, value 6 d. belonging to Thomas Chapman , affixed to a building belonging to him, and used with his dwelling-house; he the said John Robins having no title or claim of title thereto .

The prisoner was taken with the bars in his pocket, and he directed them where to find the copper.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17881022-60

666. THOMAS FULLWELL was indicted for stealing, on the 15th of October , one hair portmanteau trunk, value 5 s. a silk cloak, value 20 s. two silk petticoats, value 20 s. one ditto, value 10 s. twelve linen handkerchiefs, value 12 s. seven caps, value 7 s. nine pair of cotton stockings, value 8 s. two muslin aprons, value 10 s. the property of Elizabeth Phillips .

The prisoner was taken with the portmanteau on his shoulder.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17881022-61

667. ROBERT SIMPSON was indicted for feloniously making an assault upon Henry Revel Reynolds , doctor of physic , on the king's highway, on the 9th day of September last, and putting him in fear, and feloniously taking from his person, and against his will, a silk purse, value 1 s. and seven guineas, his property .

The case opened by Mr. Silvester.

Dr. REYNOLDS sworn.

On Tuesday evening the 9th of September, as I was going to Hampstead, near Chalk Farm , I was lolling in my chariot, and I felt a motion as if my chariot was going to stop; I heard the cry of stop, and I saw a person on a horse that appeared not manageable, I was

going to pull the string to tell the coachman to stop, thinking that the horse was unruly; and that it was on that account, that the man had called to the chariot to stop; but looking at him, I observed he had a pistol turned to the coachman; his words were, do not look so to the footman, twice or thrice; I let down the glass and said what is the matter, the man on horseback said, I want some money, or your money, I do not know which, then I told him he should have my purse; while I was putting my hand in my pocket for it, I heard a tap at the right hand window that directed my attention from the person on horseback on the left hand side, and I turned to the right and I saw no one, I saw my footman speaking to some person behind, and the voice seemed to come from some person on the off side of the carriage, I then turned back to the left side, I observed that the horse of the person I spoke to, was ungovernable, and that he had a pistol in his hand, and tried to get his horse up to the chaise; I told him he need not give himself any trouble, for, upon my honour, I had no arms; upon which, he put the pistol in his right-hand pocket; he then got as near the carriage as he could for his horse; and I stretched out my hand, and he took my purse, and put it in his right-hand waistcoat-pocket, and told my servants to go on; I then heard him say, which I suppose was to his companion, come along Jack; and he rode off; and I saw nothing more.

What o'clock at night was it? - The moon was, I think, eight days old, and it was a clear night, but a few light clouds, but so light, that I think, if I had opportunity of attentively observing any person, I could have done it.

Had you such opportunity as enables you to speak to the person? - Not with absolute certainty; but when I was told the man was in custody, the moment I saw this young person, now at the bar, it occurred to me, that he was very like the man, and so like the man, that if I had been walking any where, and had met him I should have said, he is very much like the man; I stopped the carriage at the first public-house we came to, and informed the waiter of what had happened; the man was dressed very much as the prisoner is.

Did it appear to you, to be same dress this young man was in when you saw him? - The whole together was such, that I was very much persuaded, I should rather conceive he was in the same dress; a dark coat, and light waistcoat; it appeared to me the same kind of dress; he had a round hat, not very low over his face; when he turned his head to the coachman, I could see the hat was above his brow; the purse was such a one, as I think, I might have known again; it has not been found; but in the purse, there was, to the best of my recollection, seven guineas.

What time was it? - A little before ten; allowing for my stopping at this public-house about a minute, and going to my house at Hampstead; probably that might take a quarter of an hour; and when I got to my house at Hampstead it was ten o'clock.

THOMAS BENDRY sworn.

I am coachman to Dr. Reynolds; I drove him the night he was robbed.

Do you know the man that robbed him? - Yes.

Had you an opportunity of seeing his person? - Yes, I had very much so.

Where have you seen him since? - At Mr. Read's office twice.

Look at him now? - That is the gentleman there in the striped waistcoat.

Are you sure he is the man? - I am very clear of it.

Have you any doubt in your mind of it? - I am very clear he is the man that took the purse and presented the pistol to me.

Did you observe how he was dressed at the time? - In a brown coat, metal buttons, and striped waistcoat; I believe the waistcoat to be the same, if not the coat; it was metal buttons, and a brown coat;

it was one very much like that, if not the same.

Court. Was his face much turned to you at the time of the robbery? - He came up first sideways, but the horse turned about; and when he put his pistol into his pocket, then he turned round, and I had a full view of his face.

What sort of a horse was it he was mounted on? - I look upon it, to the best of my knowledge, it was a dark bay horse; I saw another man come up to the off side of the carriage, but my attention was to this prisoner.

Prisoner. My lord, he said, before the magistrate, the man that robbed his carriage rode towards town, and that they came up to the carriage, and ordered him to look towards the horses heads; accordingly he did so; and after they had robbed the carriage, they rode towards town, and he went to town; he said at the office, he never turned his head round.

Did you say so? - No, I did not.

Court to Coachman. When you first saw this man at the office, did you know him immediately to be the man? - I went into a little room where there were two, and I immediately knew him.

Was you as sure of his person then, as you are now? - I was.

Had you ever any doubt? - No doubt in the least.

Because I observe, that when examined before the magistrate, you did not swear positively to his person? - I did not, I was very unwilling to swear.

Had you any doubt, that made you express, that you verily believed him to be the man? - I had no doubt at all, but that he was the man, the very first sight I had of him.

Court. He says before the magistrate, that he verily believes the said Robert Simpson to be one of the men; the other was a short man, in a light coloured coat.

THOMAS RILEY sworn.

Your master was robbed by two persons? - Yes.

Do you know the persons of either of the men? - No, I do not.

- BLACKITER sworn.

I know nothing more than apprehending the prisoner on suspicion of robbing Dr. Reynolds; I took him in Oxford-road, in the street; when I searched his lodgings, I found no purse, nor any thing.

Dr. Reynolds. I was robbed on Tuesday night; and I think it was on Thursday, or Friday se'nnight following, before I saw the prisoner.

PRISONER's DEFENCE.

I was at the time at the New Theatre; I have witnesses to prove where I was at the time when the robbery was committed.

Court. If you can prove that you really was at another place at the time of the robbery, it is undoubtedly the best defence you can possibly set up; but if you attempt to bring perjured witnesses, you may depend upon it, that they will be detected, and that will render your fate more certain: we have had many instances of unfortunate men here, whose ends have been rendered certain, by attempting to impose on the court.

(The prisoner's witnesses called in one at a time.)

Court. If any body is in the gallery, or in the court, that means to be examined for the prisoner, they must withdraw out of the court.

WILLIAM PLATT sworn.

I live at No. 33, Poland-street, Oxford-road; I lodge there.

What are you? - A taylor.

A master taylor? - Yes.

Do you employ your men there where you lodge, or have you any other workshop? - My workshop is there.

How long have you lived there? - About nine months.

Where did you live before that? - In Ogle-street, Marybone, No. 9.

Do you know the prisoner? - Yes.

How long have you known him? - About eight or nine months.

That is since you lived in Poland-street; - Yes.

Did you know any thing of him at any time in September last? - I was at Mr. Keene's benefit, at the Royalty Theatre, on the 9th of September; I was in the boxes, and saw this young man in the box next to me.

What is the prisoner? - I do not know what employment.

In what manner have you been acquainted with him? - I have seen him frequently; I have seen him at the Adam and Eve; I never had any particular acquaintance with him; I knew him perfectly well by sight; I have spoke to him, but never to be particularly acquainted with him.

What drew your attention to this man, if you was not acquainted with him, to know him personally? - I have seen him frequently playing at skittles, at the Adam and Eve; I cannot say I ever was in his company, in particular, to drink with him; I have seen him at a great number of places.

Did you speak to him that night, at the Royalty Theatre? - I did not.

You did not speak to him that night at all? - No, Sir.

How came you particularly to notice then, that a man, with whom you had no acquaintance, was there? - I saw him perfectly, several times; there was a gentleman with me, and I told him that I knew him.

Did you know his name, at that time? - No, I cannot say I knew his name, I had heard his name many times; but I never had any particular acquaintance with him.

Did you, or did you not, know his name? - No, I did not, at that time.

What did you say to the person, that was with you? - I told him there was a young fellow, that I knew by sight, in the next box.

Who was the gentleman, that was with you? - Mr. Burne, of the Theatre Royal, Covent-Garden.

Is he here? - No, Sir, he is not, he would have come, but he was not at home.

Mr. Burne was in company with you? - Yes.

Did he make any answer, or take any notice? - He looked at him directly.

Did you shew him the young man? - Yes.

He was a stranger to him? - Yes.

Are you well acquainted with Mr. Burne? - Yes.

Where does he lodge? - In Orange-street, Leicester-fields, I do not rightly know the number; I know the house; he is principal dancer at Covent-Garden; I know the house perfectly well.

Do you recollect the names of the people? - I do not, it is a private house; I am sure it is in Orange-street.

Court. Let one of the marshalmen take a coach immediately, and call at Covent-Garden Theatre , and enquire where Mr. Burne lives, and desire him to come here.

Mr. Garrow. It is very likely he is at Covent-Garden house, for I see he comes out in a new dance to night.

Court. Did you stay till the play was over? - I staid till about nine o'clock, and then Mr. Burne and me went out to get some refreshment; and then we went to another part of the house; he was there when we went out.

After that, you did not observe the prisoner? - I cannot say I did.

But he was in the box, when you went out, at nine o'clock? - Yes.

Was the prisoner alone, or in company? - There were some ladies with him.

Did you observe him speaking to them? - I cannot say I did, they were in the same box.

Had you an opportunity of observing whether he was in company with any particular person, man or woman? - I cannot say whether he was or was not.

How are you sure it was the 9th of September? - It was the night of Mr. Keene's

benefit; I have two of the pit tickets at home.

Are you sure it was the 9th of September? - Yes.

Mr. Silvester. Then you saw no other of your acquaintance at the Theatre? - Not particularly.

How do you mean particularly? - I went with Mr. Burne.

Did you see any body else, in any other of the boxes, that you knew by sight? - I cannot recollect; I suppose he told a person that he saw me there, for they came to me; I suppose he saw me.

You was in the boxes? - Yes, so was he in the next box; I was in the side boxes, on the left hand, and he was on the same side; a young man came to me, to ask me to come this morning.

Who was that young man? - He was in court; he lives in Wardour-street; I do not rightly know his name.

When did he apply to you? - About a week ago; I met him in Leicester-fields, and then I did not see him any more, till this morning; he said there was a young man taken up, for a highway robbery, and that he was at the Royalty Theatre, the night of Mr. Keene's benefit, and that he sat the next box to me.

What is his name? - I do not rightly know his name; he lives in Wardour-street; his father keeps a hair dresser's shop.

Then even that young man was not in company with the prisoner? - No, he was in the box with us; he was not in our company; he was no companion of mine.

Did the prisoner know where you lived? - I do not know, he never was at my house.

What day of the week was this? - I believe it was on the Tuesday.

You think it was the 9th? - I know it was Mr. Keene's benefit.

How often have you been at that theatre? - Not above three or four times; I knew Mr. Keene very well.

How lately before, had you been to that theatre? - I had been once, or twice, the same season.

What was there remarkable, to fix this particular day in your own knowledge; because the house was pretty full, I take it for granted? - Yes it was; Mr. Keene called upon me and asked me to take some tickets; he knows me very well, I cannot say I saw any other that I knew there.

What was there so remarkable for your seeing the prisoner there? - Why I thought he looked rather dirty.

He was in company with some ladies I think? - I saw three in the front seat, and if I am not mistaken, there was one in the next seat to them.

Was there any gentleman with him? - I cannot say indeed.

Did you attend before the magistrate? - No, I did not know any thing about it, till some time after he was taken.

Are you a master taylor? - Yes.

Do you keep any men? - Yes.

How many? - Sometimes two, sometimes three or four; at present I have but one, his name is James Eney .

Do you mean to say he works for you at this present time? - Yes, he is at work for me now, he was when I came out.

Court. I wish to know a little more correctly, whether you mean to say that there were ladies in the prisoners company, or only ladies in the prisoners box? - I cannot say whether they were in company with him, they were in the same box, he seemed to be very quiet.

And this young man that desired you to come here, was in the same box with you that night? - Yes.

Is he here now? - Yes he is, and it was he that came to me this morning.

ANN CARTER sworn.

Where do you live? - No. 5, Stephen-street, Rathbone-place, I am a lodger.

Married or single? - I am a single woman.

Do you know any thing of the prisoner, any particular evening in the month of September? - On the 9th of September, I called at Mr. Smeaton's, No. 2, in Upper John-street, almost by the Filzroy Chapel;

I had a ticket for the Royalty Theatre, it was a benefit night for Mr. Keene; at Mr. Smeaton's I saw a Mr. Simpson and a lady that were going to the Royalty Theatre.

Did you know him before? - I had seen him two or three times at Mr. Smeaton's, I know his name, I did not know the lady; I was very unwilling to go, and they asked me to accept of part of their coach, and we went together in a coach to the Royalty Theatre, there was Mr. Simpson and a lady of the name of Lewis.

What part of the house did you sit in? - In the side boxes, the corner box.

Do you recollect which side of the house? - We first went to the right-hand, and I believe afterwards we went to the left.

Did you change your place in the house? - Yes, we thought we should be better accommodated; it was the side box, the far corner box.

Do you recollect how soon you changed to the left-hand side of the house? - I believe a little before nine o'clock.

Did you continue the remainder of the evening on the left-hand side of the house? - Yes, sir, all the evening.

Did you stay the entertainment, or come away when the play was over? - We staid till all was over, and it wanted about twenty minutes to twelve, when they set me down at my lodgings, No. 5, Stephen-street, Rathbone-place; the prisoner came home with us, the other lady and he were in the coach and sat me down.

Did Mr. Smeaton go with you to the Theatre, that night? - No, I did not see Mr. Smeaton at all.

Did the prisoner stay at the theatre all the time? - I do not recollect his going out at all.

Do you recollect seeing any body of your acquaintance, at the theatre, that night? - There is a lady here now, that came to me, and spoke to me in the box.

Do you know Mr. Platt? - No, I do not know such a person.

Is the lady of the name of Lewes, here now? - I do not know any thing of her, she is an entire stranger to me.

Mr. Silvester. Your acquaintance was with Mr. Smeaton? - I lodged there one quarter of a year; I never knew him till I took the lodging there, which did not suit me altogether so well.

How came you to call there on this day? - I thought the people behaved civil to me, and it was out of civility I went there, to call on Mrs. Smeaton, and seeing Mr. Simpson there frequently, I had a ticket to go to the Royalty Theatre, and I called there by accident, and meeting Mr. Simpson, and he saying he was going, ask me to accept of a part of his coach, which I did; the coach consisted only of Mr. Simpson, and that lady of the name of Lewis, and myself.

Did you know Smeaton three or four years ago? - I did not, I never know him till I came to the house.

Mrs. Lewes and you was not at all acquainted? - I do not know that I should know the lady, if I was to see her; I saw her only at the play that night, and once before.

Do you know what Simpson is? - I do not know; I have heard Mrs. Smeaton say, his father kept a cooperage.

Court to prisoner. Is Mrs. Lewis here?

Prisoner. I do not know, my Lord.

WILLIAM RAE sworn.

I am clerk to Mr. Francis Plowden , of the Adelphi.

How long have you lived with him? - About six months; I was before that, clerk to Mr. Welby, of Soho-square.

Where do you live? - In Wardour-street, No. 5; I live with my mother.

What do you know of this young man, at any particular time? - I know the prisoner, he went to school with me.

What is he? - I do not know, I have heard he was a cooper.

Do you remember seeing him, on any particular evening, in the month of September? - On the 9th of September, I remember

his coming into the next box, where I was, at Mr. Keene's benefit.

Who was you in company with? - I was by myself then, my mother was below.

Was it in the front, or side boxes? - The boxes over the stage boxes.

In the side, or the front? - The side.

The upper boxes? - Yes.

The left hand side of the house, or the right? - The left hand.

What time did he come into the box? - I think it was about eight.

Did you observe who he was in company with? - There were some ladies there, I do not know them.

Do you recollect who came in with the prisoner? - I think there were two; he stood behind them.

How long did you continue in the box? Till about half after nine; I went down to my mother, she asked me what o'clock it was, and I told her.

Did the prisoner and the ladies that were in company with him, continue in the box all the time that you staid, or did they leave it before you? - No, they were there when I left it.

Was any body in the box with you, that you know by sight, or were acquainted with? - There was Mr. Burne the dancer, and Mr. Platt.

Did they continue the same time that you did? - They went much about the same time I did; I do not know whether they went before me or not.

How soon did you know that the prisoner was taken up? - I knew Mr. Smeaton at Mr. Welby's; he had employed Mr. Welby, to get some money for his wife; and I saw him at the public house, when they were both taken up, I believe it was the second examination.

Was Smeaton at the theatre that night? - No, I did not see him there.

Then you recollect, I suppose, when you found what they were taken up for, that you had seen this man at the theatre? - They were talking about it, at the time the robbery was sworn to have been committed, and I believe this gentleman talked of an alibi; there were a number of people said they saw him at the Royalty Theatre; and I recollected seeing him there; I recollected having seen Mr. Platt there; I desired him to come here, I fetched him this morning.

How came you not to desire Mr. Burne to come here? - I did not know Mr. Burne, and I believe Mr. Burne does not know the prisoner; so Mr. Platt said.

The news paper sent for of the 9th of September.

Read the advertisement, of the Royalty Theatre;

"For the benefit of Mr. Keene,

"Mr. Dorien, and Mr. Bourke."

Mr. Silvester. How long have you known Mr. Smeaton? - I think about three or four years.

MARY LOVELL sworn.

I live in John-street, No. 13, I keep a house.

Are you married or single? - A widow; I have seen the prisoner frequently.

Do you remember seeing him at any time, or place, in the month of September last? - Yes, I saw him on the 9th of September, at the Royalty Theatre.

Was he in your company there? - He was in company with Mrs. Carter; I was in the front boxes, I went up to speak to her, and I saw this young man in company with her.

What part of the house did you go to? - To the box over the stage boxes, the upper side boxes.

On which side? - The left hand.

Can you form any judgment, nearly, about what time of the evening it was, when you went up? - I think it was about half past nine.

How long did you stay with them? - I did not stay above two minutes in the box.

Did you see them afterwards? - No, Sir, I came away from the house immediately.

Are you sure you saw the prisoner there? - Very sure.

You left him there? - I left him there, about half past nine.

Mr. Silvester. You did not know this young man at all? - I have seen him pass my house frequently, to come to Mr. Smeaton's, and he called once or twice at my house, with Mr. Smeaton, to speak to a young lady, in my first floor; I am sure it was that night, I never was at the Theatre before; I was with a good deal of company in the front boxes.

ABRAHAM PRITCHARD sworn.

I am an attorney, I live at No. 40, Southampton-buildings.

Do you know the prisoner personally? - No.

Do you know him by sight? - Yes.

How long have you known him by sight? - In the course of four or five months, I have been in company frequently with a Mr. Tosh, who is a witness here, and he has pointed him out to me, by the name of Simpson; I knew him well by sight, but had no acquaintance with him.

Do you know any thing of him, at any particular time, in the month of September last? - The 9th of September, I was at the Royalty Theatre; I went there, I believe, about seven in the evening; it was for the benefit of a person I knew, a Mr. Keene; that was the occasion of my going.

Who was you in company with? - I went by myself; there I met Mr. Tosh; we set in the pit; there were some company came into one of the upper boxes, whose faces I knew.

Who were they? - They were ladies.

Who were they? - They are not here; and in the course of the performance, the prisoner came into the box, where these ladies were; Mr. Tosh pointed him out again to me, and said, there was Simpson, just come into the box.

What time was that? - That was about an hour after I was there, about eight o'clock.

You had been taking notice of the ladies before, I suppose? - I had; I did not see him till after he came in, then I looked and saw him there; I am sure it was him.

How long did you remain in the pit? - I staid till very near the end of the performance, and came away, I believe about eleven, or after.

After the time that Tosh pointed Simpson out to you, did you see him more than once? - I do not recollect that I saw him afterwards; I met with some other company there, which took off my attention from the box where he was.

Mr. Silvester. Which side of the house did he come in? - On the left hand side, from where I sat.

RICHARD TOSH sworn.

I am a hair dresser.

Do you recollect seeing the prisoner, at any time in the month of September last? - On Tuesday the 9th of September, I remember I was in company with Mr. Pritchard, Mr. Newby, Mr. Levingstone, Mr. Day, Mr. Clarke, and Mr. Godbold; I was in company with several, the prisoner was pointed out to me, by Mr. Day; he would not attend, as being clerk to Mr. Waring; I sat in the pit; I knew the prisoner by sight, and his name; I have known him about a year and a half.

What part of the house did you see him in? - In the box, over the stage; I sat in the pit, on the left hand side, and saw him in the box; I did not see him come in; he was pointed out to me by Mr. Day.

What is Mr. Day? - He is clerk to Mr. Waring, of Leicester house.

About what time of the evening was it, when you first saw him? - As near as I can recollect, it must be about half after eight, because it was some time after the first interlude was over, that he was pointed out to me.

Did you speak of his being there to any body, or point him out to any body? - To every body in my company, he was remarked, and talked of.

How came he to be remarked, and talked of? - There were some women, that are not here, that were in the front of the box, and it was a surmise, whether he came by himself, or was in company with those women.

Not those witnesses that have been called? - No, some others.

How long did you stay? - Till all was over.

Do you recollect seeing the prisoner more than once in the box? - I saw him there the whole evening, from the first of my seeing him.

Mr. Silvester. Where do you live? - Queen Ann-street, East.

Did you know this young man before? By sight.

You observed him there, the whole evening? - Yes.

Did he appear to be in company with those women, you mentioned? - No, he did not; I think he was in the third row.

You had not seen him at any other part of the house, that night? - No other part.

JAMES NEWBY sworn.

I am an attorney.

Do you know the prisoner? - Yes, about two years.

Do you remember seeing him at any time, at the Royalty Theatre? - On the 9th of September last, at Mr. Keene's benefit.

Who where you in company with? - Mr. Tosh, Mr. Day, Mr. Levington, and three or four more of us, in the pit; I saw the prisoner, in one of the upper boxes, on the left hand side.

What drew your attention to him? - He was pointed out with two men, not of the most respectable character, by a Mr. Day; on account of those two characters that were with him, that were pointed out, not to be very respectable; there were some ladies there, that I knew.

Do you know who either of these two men were? - I do not.

What time did he draw your attention first? - I take it, it must be between eight and nine, near nine I should imagine.

Did you see him afterwards, that night in the box, or did he go away? - No, I saw him for some considerable time after, in the box.

Did you miss him at all? - I do not recollect that I did, and I kept frequently looking to that box.

What time did you come away? - At the end of the performance; a few minutes after eleven; he was pointed out by Mr. Day; Mr. Day would not come here on account that he was a clerk, at the Museum; and that his master was very intimate with Dr. Reynolds, and therefore he could not obey the subpoena.

Court. He did not know Dr. Reynolds, or he would not have judged so; some people judge foolishly, judging by themselves.

Where is Mrs. Lewis, that was with you that evening.

Prisoner. She is not come.

One of the Witnesses. She is very ill; she lives in Wells-street; she was at the justice's, but was very ill then.

Witnesses were called to the prisoner's character, but none appeared.

The marshalman returned, and brought word, that he could not find Mr. Burne.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17881022-62

668. WILLIAM BENNET was indicted for stealing, on the 20th day of October , one guinea, value 21 s. one half guinea, value 10 s. 6 d. and 3 s. in monies numbered , the monies of Jesse Upjohn .

The case opened by Mr. Peatt.

(The witnesses examined separate on both sides.)

JESSE UPJOHN sworn.

I live at No. 11, Old Pye-street, Westminster ; I am a chandler and stonemason ; on Sunday morning the 19th of October, going to put five guineas into

the desk of my bureau, there were then ten guineas; I counted them, I put a private mark on the eight guineas, and the four half guineas I took a memorandum of the dates, in the presence of my wife, and I told her my plan to find out the thief; I told my wife my reason for marking them, after they were so marked, I put them in that drawer again, and locked the bureau; on the Sunday night I counted eight guineas, and four half guineas; my wife had one key of that bureau, and I had another; on the Monday morning at breakfast, I opened the bureau to look at them; I did not count them, but I saw them laying in the same manner as they did the Sunday night, I left them locked up again, and when I came home to my dinner, between twelve and one, before I was gone from my dinner, the prisoner came in, I went out about seven in the morning, the prisoner came while I was at breakfast, and went away again before I went away, I saw him again about one; just as I had done my dinner he came in, I had not been gone above an hour before my wife sent for me, and I came home, and found there was a guinea, and half a guinea short of ten, there was the appearance of the lock having been broke open; I immediately went to the justice's and apprehended the prisoner; he was taken, and that guinea and half guinea that I lost, was in his breeches pocket; I saw him searched, I saw the guinea and the half guinea taken from him; the prisoner told me it was the first time of his taking any, and that he hoped I would be merciful; them were the words he made use of.

Did you say any thing to induce him to say so? - Not a word, I told him he behaved like a villain to me.

Did you promise him any favour? - I did not.

Mr. Silvester, Prisoner's Counsel. The prisoner and you were intimate? - Very, he was a servant out of place, and he used to be at our house off and on.

Serve in the shop? - He never was allowed to do so, he sometimes of his own accord served a farthing candle.

Did he take the money? - He very seldom took any money.

You was not at home? - I knew the nature of it very well.

You go to work of a morning? - Yes, and when I think proper, I stay at home, my wife conducts the business of the shop, I know she takes the money; I know he was not permitted to take money.

He was very intimate with the family? - Yes.

This money you and your wife had marked on the Sunday night? - Yes.

Have you told us all that passed? - As far as I can recollect.

I understand then, that the whole of this business you have told us, as far as you can recollect? - I do not know but I have.

What think you of compromising? - It was proposed to me; I said that twenty guineas would not satisfy me for the injury he had done me.

How come you to send for a man of the name of Medley, you know Medley? - Yes, why his brother proposed giving me a note; the prisoner acknowledged while he was in prison, that he had taken ten pounds of my money, and Mr. Lawrence and his brother both told me that he had that sum of my money.

Had not he this money from your wife at different times? - Not that I know of.

Was not that the acknowledgement, upon your oath? - No, it was not, not at that time, I heard of it afterwards.

When was it? - The Wednesday following.

Then you agreed with Mr. Medley? - I sent for Mr. Medley to make an agreement between us, that he was not to hurt me for making it up; I understood by a particular friend, that it was compounding felony, and therefore I set it aside.

Court. You understood when you sent for Medley, that you was compounding felony? - Not so clearly as I did afterwards.

Not so clearly, but you did by your own account? - Certainly.

How came you to prosecute? - On that account I altered my mind.

Why did you alter your mind? - Because I found it was compounding of felony; and another thing I heard, he said he had laid with my wife.

Have not you carried on this prosecution in consequence of a letter which was written by the prisoner to your wife? - Partly on that account.

Mrs. UPJOHN sworn.

I have known the prisoner about four or five months; on Friday evening last was a week, I put six guineas and a half into a bureau in our back parlour, in the bottom drawer of the bureau; and on the Sunday following I told my husband if he put five guineas more, there would be eleven guineas and a half; I locked up the bureau, I never saw the money again till my husband opened it; I was present, then he put in five guineas in my presence, after that he told it over, and he could find but ten; that was in my presence; my husband said there certainly must be somebody who has taken this money from us, and in the afternoon my husband took eight guineas, he marked them in my presence, and the four half guineas he took the account of them, he told me he had taken the dates of them; I did not see what he did to them, I should know the mark again of the guineas, I saw one or two of them were marked, then my husband put the money into the bureau, I never meddled with it, then the next day in the afternoon, the prisoner came into the house between twelve and one; after that I went into my shop to serve my customers as usual, and the little girl was up stairs, and the prisoner was in the room alone, eight or ten minutes, then he came out into the shop and said to me, good by mother, I have but so many minutes to go to do my duty; I had a suspicion, and went to the bureau, and found the bureau open, and I could find but eight guineas and a half; that was a guinea and a half short again, less than what I left there; then I immediately sent to my husband, he came and went in; he said he would apply to the justice immediately, and the prisoner was taken up, I was not present, I know nothing more.

Mr. Silvester. This young man you knew very well, did not you? - Yes sir, he was an acquaintance.

What we call an intimate acquaintance? - Yes, we looked upon him as such.

You in particular? - Yes, he always behaved very well to me and my husband.

Was you examined before the justice? - No, I was not.

How came that about, they never thought of producing you as witness, did they? - I do not know what they thought, he did not tell me any thing about it; I dare say I was to be a witness, but nothing was said.

Look up, and look the jury in the face? - I do not know what you mean, I can look anybody in the face.

This man was taken up, carried before the justice, and committed, and you was not examined? - Yes, I was at the justice's, but not examined.

You used to call him Billy generally I think, and Billy used to serve in the shop, now and then? - Yes, he has, and my husband knew of this.

You used now and then to give him money? - I never gave him money in my life.

To go to market? - No, never, yes he has been to market, and bought a joint of meat of a Saturday night, he never went above once or twice, and then he told me what he gave for the meat, and I paid him.

You had a key of this bureau? - Yes; my husband and I could go at any time to the bureau, and take what money we liked; I had the command of the shop.

This young man was very good natured in the shop? - He was too good natured.

And you was too good natured; you would now and then sit on his knee to

oblige him? - I never sit on his knee to oblige him nor myself; I will not swear I never did, because he would pull any body on his knee, he was impudent enough.

How came you to deny the fact just this moment? - I did not deny it

You know Mrs. Smith, do not you? - Yes, very well.

She came one day at an unlucky minute? - I don't know that it was an unlucky minute; I know when he came, that it was an unlucky minute.

You know she saw you come from an oddish kind of a place? - Where did she see us come from?

You know as well as I do, you know what I mean! there was a little bit of bed in the room, now can you guess? - No, I do not.

Do not you remember her seeing you a coming out a little ruffled or so? - No, I do not.

Take care what you say, she is here? - I do not care who is here.

Why you know you applied to her, and she told you what she could say; do not you remember that? - No, I never asked her any questions at all.

Now good woman, for God's sake, do not add one crime to another; do not you know you did, and that you said you recollected very well, but you believed he had been to measure some coals; now, what say you to that? - I do not know what you mean about measuring coals.

Did not you apply to Mrs. Smith, to know what evidence she could give, and when she told you that she could prove the great intimacy between you two; you then said he had been to measure coals? - I never mentioned coals to Mrs. Smith.

Had you any conversation with her? - Oh! yesterday morning she called upon me, and she Wed me the subpoena, and said she had nothing to say, but that she saw me come out of the room, and him after me.

Why just now, you said you did not recollect that? - No more I did.

Do you mean to say, you never at any time gave him any money? - I will say that I never gave him any money, nor moneys-worth in my life.

He was welcome to any thing the house afforded? - Yes.

Do you know of your husband sending to this man's brother, to make it up? - He sent to him to know what he should do, but he did not send to make it up; my husband sent for the young man's brother, to tell him where his brother was; not to make it up, but to let him know that he was in Tothill-fields; he came to our house.

And your attorney Medley was there? - He is not our attorney, I did not know he was an attorney, he was sent for by somebody, he was no particular acquaintance of ours.

Was you present, when Medley drew up those releases? - I was in and out serving my customers.

How came that agreement broke off? - He wrote me a letter in prison, that letter I shewed to my husband myself.

That made him break the compromise? - I do not know it was that letter, I said I would persuade my husband not to make it up.

ANN MUNRO sworn.

Mr. Silvester. You knew this young man? - Yes, I have seen him serve in the shop, in the presence both of husband and wife.

He was on that footing of intimacy, that Mrs. Upjohn used to call him my dear Billy? - I never heard any such thing; I never saw them any further than seeing them in the shop.

Court to Mr. Peatt. You have a right to ask her as to the conduct of the prosecutrix.

Mr. Peatt. Did you ever see any improper conduct in Mrs. Upjohn? - I never did.

You never saw any indecent conduct in her? - I did not.

PETER GOUGH sworn.

I am a constable.

Was you at any time employed to apprehend the prisoner? - Yes, on Monday, the 20th of October, I went to the Birdcage-walk; he was at exercise; I had a warrant; I apprehended him; I searched his pocket, and found one guinea, one half guinea, and nine shillings in silver, one sixpence, and one half crown piece; I have the guinea and a half; the silver I gave him again; I have had the guinea and a half ever since.

What did the prisoner say to you when you apprehended him? - After we went to the justice's and could not have a hearing, just then we went to the public-house, and the prisoner said to me, what shall I say in my defence? says I, that is best known to yourself; in general, prisoners make the best defences themselves; and when he came before the magistrate, he pretended to say, he had sold a pair of breaches.

Mr. Silvester. Was it taken down in writing, what he said before the magistrate? - No, not there, not by me.

Upon your oath, was it not taken down by the justice, or his clerk? - Yes, I believe the justice's clerk took it down; I called for a pen and ink for him to write a note, and he wrote a note, and gave it to me to carry to Mr. Upjohn.

Should you know the note again, if you saw it? - No, I cannot say I should; I did not read it; he did not tell me the contents of it; I believe there was no information taken down.

Was there an examination taken down in writing? - Not any information taken down to send into court that I know of.

Court. What was taken down in writing? - The brief that the clerk made out afterwards; the justice's clerk did take down the brief.

Court. Was what the prisoner said before the justice taken down? - No, not what the prisoner said; I did not rightly understand it.

Did any body take any thing in writing? - Not that Monday that I served the warrant; I though Mr. Silvester meant the brief that was drawn upon.

Court. Was this examination that you are talking of before the magistrate? - No.

Mr. Silvester. I am in the judgment of the court whether what is said, is an answer to my question.

Court. Let us hear your final explanation of it; at first you said, this was taken down by the clerk? - What I meant, was here, at Clerkenwell; the clerk took it down; that is what they call the brief; that was justice Packer's Clerk; that was concerning this business.

Was the prisoner present? - No, Sir, it was when we went to prefer the bill.

Was that the only time that the clerk wrote any thing down? - That was the only time, except making out the warrant and commitment.

At the time the prisoner was committed, did the clerk take any thing down? - No.

Mr. Silvester. You are the same Mr. Gough that attended at Hick's hall the other day, to prove that there was no letters on a cart? - No, I am not.

When you was examined before, and was giving an account of his being apprehended and carried before the magistrate, you said, that when he came there, after having asked you in the public-house what defence he should make, you told him, he knew lest; and when he came before the magistrate, he made a defence about some breeches; you began, by stating what passed before the magistrate, did you not? - Yes, that was his defence before the magistrate

I then asked you, whether that defence before the magistrate was not taken down in writing? - No, not to my knowledge.

Then afterwards, you said, it was taken down? - Because I meant in that brief

My question did not relate about the brief; I did not mean any information; but my question was, what passed when you came before the magistrate, when the

charge was then made against the man? - No, Sir, it was not.

How came you to swear yes before? - Why in a mistake; I meant the brief.

Will you swear, upon your oath, that no minute, no account of any thing that was done, was taken down before the magistrate at the time? - Not any further than the commitment, to my knowledge.

Were they not writing at a table? - Not that I saw.

No examination in any book, nor on any paper? - There was nothing written but the commitment.

Was not the examination taken of the prosecutor? - No, not that I know of; I saw nothing taken down more than the commitment.

Do you mean to swear then, that no examination, either of the prosecutor, or the prisoner, were taken down before the justice? - Not to my knowledge.

Will you swear it was not? - Nothing more than the commitment.

Then you will swear, that nothing was taken down before the magistrate? - Not to my knowledge; not of an examination; it was on Monday the 20th.

And no information from the prosecutor, nor examination of the defendant, was taken down in writing, by the magistrate, or by his clerk? - Yes, the examination; he was examined, but not taken down in writing, to my knowledge.

When did the clerk take the information? - I do not know that he took any information.

When did he take the examination? - On the Wednesday; and there was no information, or examination, taken down on any book or paper.

How long have you been an officer? - I believe, going of twelve years.

Of what place? - Of St. John's.

And yet you swear you misunderstood my question, which is a plain one? - Yes.

Mr. Peatt. What was it the prisoner said before the magistrate? - The prisoner, in his defence, said, he had sold some breeches; nothing more that I know of.

Court. Did he say nothing more than that? - No.

Was he charged with stealing that money? - Yes, and somebody bid him be quiet and say nothing.

(The Money produced.)

To Prosecutor. Is that, or is it not, one of the guineas which you put in the bureau? - This is one of them; I know it by a private mark which I put upon it.

What is that? - It is a cross, just by the E and the T.

Jury. Were all the eight marked so? - No, four of them were marked another way.

Look at the half guinea? - The half guinea is the same date as that I lost, but I cannot swear it is the same.

Do you know any of the rest of the money that was found? - No.

Jury. How came you not to mark them all alike? - I do not know; but here is the paper I drew out at the time they were marked; the date of the half guinea is 1786.

PRISONER's DEFENCE.

I am innocent; I leave my case to my counsel; the woman gave me the guinea and a half on the Monday; she put her hand to my pocket, and said, my dear, how does your money stand? I said, very low; I put it into my pocket; I am a soldier; says I, my dear, I cannot stay now, I must go; she put her hand round my neck, and said, my dear, let me have a kiss; she has given me ten shillings; fifteen shillings; a guinea; a guinea and a half; and the most she gave me, was thirty-six shillings; I had been to Guilford with an acquaintance that lives opposite; I knew this woman five or six years ago, in Dorsetshire; we both came from there.

SARAH ANN SMITH sworn.

I know Mrs. Upjohn and the prisoner; I have seen him there frequently.

Upon what footing were they? - That I cannot say.

Have you seen any thing particular? - All that I can say in it, is, I went to Mrs. Upjohn's for something that I wanted, and I went to the front door; that was bolted, as it commonly is, when nobody is in the shop; from there, I went to the back door; I opened it, and went in, and could see nobody; I went into the shop; presently Mrs. Upjohn came from this room and served me; before I came out of the shop, the prisoner, William Bennett , came from the same place, that is the room where the bed was; Mrs. Upjohn seemed rather intimidated; she has had no conversation with me since; I mentioned it to her yesterday morning; and she recollected the time perfectly well; for she believed, she was backward measuring coals; upon my oath, them were the words she said; Mr. Upjohn made answer, and said, Mrs. Smith, was the girl present; I said, no, Mr. Upjohn, the girl was not.

Did you ever see any money pass between them? - Never but once; that was of a Saturday night; she gave him half a crown out of the till; and said, Bill, buy a loin of lamb; that was to go to market to buy a loin of lamb.

Mr. Peatt. What are you? - My husband is a journeyman carpenter; I have known Mrs. Upjohn about a year and a half.

What was you doing in the shop when she came out of the room? - I went in to purchase something.

What room was this, that you saw them come out of? - The door faces the street-door, the one door is the shop-door, the other is the parlour-door; there are two parlour doors, a front door, and back door; the back door goes to the place where the coals are, but that door was shut.

This parlour she came from is a common sitting room? - She did not say any thing, but asked me what I wanted, and seemed rather intimidated; there is a passage parts the shop from the parlour.

Was there any difference between you and Mrs. Upjohn on any subject? - None at all.

You never suspected her of talking about you? - Never, but she always seemed very friendly, and very sociable; I do not say she was frightened, but she seemed rather intimidated, rather flurried.

You understand what it is to be flurried, do not you? - No, I do not.

Mr. Silvester. There is a bed in that room? - There is, the bed goes in with two folding doors.

It is their sleeping room, is not it? - Yes.

Mr. Peatt. And it is also their sitting room? - The bed shuts up with two folding doors, that you cannot see there is a bed in the room.

Was the bed down? - I did not go into room far enough to see.

MARY TATLER sworn.

I know Mrs. Upjohn, and the young man; I have often seen him there; I saw there almost every day.

What terms were they upon? - Playing and romping about.

Where did you see her sit, now and then? - I have seen them sit on each others knee.

Then there appeared to be a degree of intimacy between them, which men and women some times have? - Yes.

What did she use to call him, do you know? - Bill.

Did you ever see any money pass? - No, never.

They seemed to be mighty good friends? - Yes.

Mr. Peatt. What are you? - A washerwoman.

What business had you so frequently in the shop? - I am a lodger in the house.

Did you see how they came on one another's knees? - By playing and romping together.

Did you happen to see whether the woman sat on his knee, or whether he pulled her on his knee? - He pulled her on his knee.

Has he ever been so rude to you? - No, I never sat on his knee.

Did he ever pull you on his knee? - That is not what I am come to say.

Did he ever pull you on his knee, or did he ever kiss you, at any time? - I have seen him in the shop; I have seen him serve, and give change.

Did he ever take you on his knee? - No.

Then you are a little jealous, may be?

Court. You say he pulled this woman on his knee; when those liberties were taken, were they in the presence of the husband? - No, I never saw it.

Did you ever see any romping between him and the wife, in the presence of the husband? - Not so much as when they were by themselves.

SARAH STRATT sworn.

I live near the Middlesex Hospital; I am a servant; I know those parries; I have seen them playing together, and sitting on each others knees; I never thought any harm.

Was the husband by? - No.

Mr. Peatt. You have seen them play together? - Yes.

Did the woman sit down of herself, or was she pulled there? - I have seen her fit down of herself.

How came you there so frequently? - I went to a lodger, that lodged in the house; and when I have been out of place, I have been there three or four days together; I knew the young man, the prisoner I did not know her long.

WILLIAM LAWRENCE sworn.

I know Upjohn, the prosecutor, I called in by accident that day; when I came in, there was the money upon the table; and I said, why you are getting on in the world; no, says he, my property is wasting; he went out after the prisoner, as I suppose; and Mrs. Upjohn desired me to stop; I said the prisoner is a countryman; it is a pity but it should be mollified; Upjohn was agreeable; and the same evening, Upjohn sent for the brother; the letter was sent by a person.

How came it to be broke off afterwards? - There was a letter which came from the prisoner, which came in the morning; and the letter was kept private from Mr. Upjohn; he came home to breakfast, and in the same way to dinner; the letter never was given; then I went to see the prisoner and his brother, to know what he had taken, and when I put the question to the prisoner, he said, he was innocent of the affair, and that he had it intirely from the wife; and likewise made mention of the connection; and said, that every farthing of money he had, he had from her; the brother and me came the next morning, and after agreeing to take twenty guineas, they were to take ten pounds; but when he came to see this letter, the prosecutor insisted on going on with the prosecution; he said, he would not believe that she would do so, and therefore the law should take place: the night before we went in the morning, there was a six shilling stamp; and every thing was partly written, to my opinion of it, except the prisoner at the bar, signing of it, so that nothing should come against the prosecutor.

Mr. Peatt. It seems that Upjohn did not send for you? - No, Sir, I came there by accident.

And you also say, that you proposed this matter to Upjohn? - Sir, I first stated the subject; I said, it would be the best way, as they were friends, and country people together; but they advised him to take the advice of his uncle, who was the constable; the thing appeared to be broke off; the next morning, in consequence of a letter, which the prisoner wrote to Mrs. Upjohn, in private, by all appearance, it was given to him, as they said to me; I believe he had some letter, which irritated

the man so, that he determined to go on with the prosecution in defence of his wife's character.

JOHN BENNETT sworn.

I was sent to by the prosecutor about this business, on Monday, the 20th of October, about eight, that he had taken William Bennett into custody, and had sent him to Tothill-fields Bridewell; and if I would come to his house, he would relate the particulars.

Are you sure he sent to you first? - Yes.

Did he want to compromise the business? - Yes.

How came that broke off? - It was broke off on account of a letter, which the prosecutor's wife had received from the prisoner in the morning about eleven.

Court. Did you see the letter? - Yes, the letter was sent from the prisoner by one Mary Cutler ; the wife shewed me the letter; she secreted this letter from her husband, from nine in the morning, till night.

Mr. Peatt. Did he tell you the manner in which he was drawn into the negotiation? - The prosecutor told me, it was on account of my mother, that he would wish to mitigate it.

Did he tell you who first proposed it? - No, he first proposed a note for twenty pounds, then a note for ten pounds; all this was before the prisoner was committed.

Court. What did the wife say to you about this letter? - She said, she had shewn the letter to her husband, and he was determined to go on with the prosecution; she produced the letter to me; I saw the contents of it.

What were the contents of it? - They were to this effect; it was expressed desiring of Mrs. Upjohn to mitigate the affair as well as she could with her husband; if not, she must know the disturbance that he could make between her and her husband.

GUILTY, Of stealing to the value of 1 l. 1 s .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17881022-63

669. FREDERICK BRIANT was indicted for stealing, on the 22d of September , a silver watch, value 50 s. a steel watch-chain, value 3 d. a key, value 1 d. a seal, value 12 d. a base metal ditto, value 3 d. the property of Benjamin Bermer .

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17881022-64

670. ELIZABETH UNDERHILL was indicted, for that she, on the 6th of September , feloniously did receive, harbour, and maintain, one Mary Ansell , knowing her to have done and committed a Grand Larceny, whereof she was convicted at the last sessions .

A second Count, charging her with feloniously receiving one plated knee buckle, value 6 d. stolen by her, the said Mary Ansell , of which she was convicted .

BENJAMIN SOLOMON sworn.

On the 6th of September at night; coming home from Hoxton-square coffee-house, I was accosted by one Mary Ansell ; after she had robbed me of my property, she took me into the apartment of this prisoner; this prisoner entered my room, and demanded to know, what I wanted there; before I could give her any satisfactory answer, (The record of the conviction of Mary Ansell read by Mr. Shelton, clerk of the arraigns.) Elizabeth Underhill came in; I did not see her at all before I was robbed by Mary Ansell .

What time of the night was it? - About twelve at night; at a place called Bell's-alley, Spital-fields ; she came in immediately after the robbery, and demanded to know what I wanted there; and before I could give her any satisfactory answer, she shewed me a place in the entry, and said, you rascal, if you make any noise, or speak a word of what is done to you, I will put you in here, and you shall never be heard of again; the situation of the place, as I heard afterwards was, that there were six or seven load of soil in it; it has been emptied since; I finding myself in that situation, thought it best, to give her the best words I possibly could; I told her that I had behaved very generous in the house, and as the property was of no consequence, I should never mention it; and begged her to bring me my breeches back again; for Mary Ansell had run away with them; and after a great deal of speaking to her, she says, you have behaved very genteel; I look upon you to be a gentleman; I will save your life, and fetch your breeches again; Ansell run out with the breeches;

I got out with all possible speed, and meeting the patrol, I acquainted him of what had happened to me; and he took me to the watch-house; with some more of the patrols, we went to the house, there was no entrance, at last they were forced to force the street door open; they demanded entrance in this Underhill's room, and at last they got in; they went and searched her bed, and found nothing but one knee buckle, between the bed and sacking; that was the bed where Ansell and me were; Underhill was in the bed, at the time we came last into the room; Ansell was found concealed under this hole; the other knee buckle was given to the patrole by Mary Ansell when she was taken.

Do you know whose house or lodging it was? - I do not know, Underhill told the patrol, that she was not in the room at the time I was robbed; but that she was walking about, to give Ansell and me an opportunity of being together

What did she say with respect to the buckle being found? - I do not know, they were both committed.

JAMES SADLER sworn.

I am the patrol; on the information I received from Mr. Solomon, we went immediately in quest of the parties; we found the street door was secured; we were obliged to force the door in; and I knocked at Underhill's apartment door twice or three times; who is there? says she; the patrol says I, get up; I went in and Mr. Solomon along with me; says Solomon, that is the woman that brought me my breeches; says I, where is the man's property? says she, I don't know, there was none in them, when I had them; between the bed and the sacking I found one knee buckle; and this same Mary Ansell was concealed in a hole where there was a matter of seven or eight load of necessary soil flung into it; I brought her up, and took her to the watch-house; and upon examining her, she produced the fellow of that buckle, that was found between the bed and sacking, where Underhill was.

Did Underhill say any thing about the buckle? - No, she said nothing in her own defence; she said she did not know it was there, till I found it; nothing was found upon her.

PRISONER's DEFENCE.

I have so far as this to say; that I never saw the man's property in my life; and as to renting the room, I do not; she owned the apartment, so I could not harbour her; I was out of employ, and she gave me three or four nights lodging.

Court to Sadler. Do you know whose house it is? - No, I do not, but there are many tenements.

Who was in this house at the time, besides the prisoner and Mary Ansell ? - Nobody else; when I asked the prisoner about the robbery, she said she knew nothing of it.

Did she say any thing how Mary Ansell had come back to the house again, or when? - No, she did not.

GUILTY, on the first count .

NOT GUILTY, on the second count .

Fined 1 s. and imprisoned twelve months in Newgate .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17881022-65

671. NICHOLAS M'NAMARA was indicted for stealing, on the 18th of October last, one gun with a bayonet fixed thereto, value 36 s. the property of Richard Bannister .

ROBERT WHELER sworn.

I am servant to Mr . Richard Banister ; on the 18th of October, I missed a gun from my master's door, No. 17, Bridges-street, Covent-Garden ; it was upon the step of the door, about two in the afternoon; we made enquiry directly, and went to the different pawnbrokers, desiring

them to stop it; and we heard nothing of it, till the Tuesday, in Bow-street; on Wednesday the prisoner was brought up to Bow-street; I saw the gun and knew it to be the same.

JOHN ATKINS sworn.

On the 20th of September, some sawyers came to Bow-street, with information that there was a sawyers saw stolen, at the Nag's Head, in James-street, Covent Garden; I went there, and found the gun and the saw; the gun was in a little lock-up room, that they have to put parcels in.

GEORGE RANDALL sworn.

I am ostler at the Nag's Head; I saw the prisoner bring this gun to our house last Saturday was seven night, between two and three in the afternoon.

What is the prisoner? - He says he is a sawyer; he was at our house with a companion of his; he desired the gun to be put by; and it was in the warehouse; he did not say when he would call for it.

(The gun deposed to by Wheler.)

PRISONER's DEFENCE.

I went to the Nag's Head, to make out my nights work; I met with this gun at the end of James-street, Covent Garden, standing up in a corner; there was a woman selling walnuts, and she saw me, the gun tumbled out of the corner; the woman's name is Margaret Mitchell .

MARGARET MITCHELL sworn.

I sell fruit, and go out nurse-keeping.

Where is your stand? - On the other side of London Bridge, in the Borough; I have a daughter lives in Oxford-street, a servant, and I repair her clothes; at my return I went to Covent Garden market for some walnuts and apples; I lay down my goods, and saw the prisoner at the bar, with a blue surtout; he turned round and looked towards me; he set the gun upright in his hand, and pulled out an old bit of red and white handkerchief, and rubbed it; the gun lay in the highway in the main street, by where he was standing; and after I stooped down, I saw the thing across the street, a matter of twenty yards from the place where he stood; I stooped and raised my head, and saw the man lift up the piece. it was a gun.

Did you know this man before? - The way I came to know him was, on Sunday morning pulling out some goods in the Borough, in an entry, I saw a woman telling her complaints, that a man had been taken up for stealing a gun; and I came over to her, and asked her what sort of a man he was; a young man says she; says I, I saw a young man on Saturday night, the 18th, lifting up a gun; says she, come with me; and I was here yesterday and to day, and I have staid without see or reward.

Atkins. When I asked the prisoner how he came by the gun, he told me he won it at a raffle in Rosemary-lane; and before Sir Sampson, he said, he had it of his father in Ireland, that his father won it.

Prisoner. When I found this gun, I went to the first public house I met with; I carried it publickly in my hand, and left it at the Nag's Head; I neither asked for any thing on it, nor offered to sell it.

GUILTY .

Court. The jury have in their opinion, perfectly agreed with mine, in disbelieving the witness; the witness you have thought fit to call to prove your defence, if they had believed her, they must necessarily acquitted you; I cannot, therefore, help considering the production of such a witness, as an aggravation of your crime; therefore the sentence of the court is, that you be

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17881022-66

672. JOHN BENNET and WILLIAM LITTON were indicted for stealing, on the 10th of October last, one pair of leather shoes, value 6 s. a pair

of sattin breeches, value 14 s. a silk waistcoat, value 5 s. a worsted waistcoat, value 3 s. a pair of silver shoe buckles, value 7 s. a pair of plated ditto, value 8 d. one cork screw, value 3 d. the property of John Colley ; one silk handkerchief, value 1 s. the property of William Warjeant .

JOHN COLLEY sworn.

I lost the things mentioned in the indictment. On the 9th of October (I saw nothing before of them that day) I saw the prisoners drinking two pints of beer, in the tap room of Mr. Warjeant, in Poplar-gut house ; I am a waiter in the house; I passed them as they were sat just by the door; when I saw them again I knew they were the same people; this was about two or three in the afternoon; the next day my master was going to send me to town, for some things that were wanting; I went up stairs to clean myself, and the first thing I missed was a pair of new shoes of my own; I enquired of the servant if she had moved them; and I missed a pair of buckles out of the old shoes; I did not miss any thing more then; I went down, there were some sailors there; and I had seen the prisoners there several times that day; they were there two or three hours; they had been in the tap room, in and out that forenoon; I followed the prisoners to Ratcliff Highway, and saw them both at the corner of a shop door; I stopt them, and the prisoner, Litton, had this handkerchief in his hand, and a bundle tied up; I laid hold of the handkerchief, and asked him if he was not the person that was down at the Poplar-gut house? he said he was; I took the handkerchief of him, and took hold of him with my right hand, and the other being on my left hand, he attempted to escape, and I caught him by the collar, and then I had hold of both, and got assistance, and took them into custody, and they were committed.

Have you had the things in your possession ever since? - The handkerchief contained the shoes and buckles, the breeches, and the cork screw; the other things were sold.

(The things deposed to by Colley.)

The handkerchief belonged to my master; they acknowledged they took the things, before the justice; no promise was made to them; they gave up every thing they had; they said they had sold two waistcoats, and a shirt; and bought themselves two jackets, and trowsers, and came down in different dresses.

A Witness sworn. I was at my master's last Saturday; I drew the prisoners some beer; and when my master and mistress was at dinner, these young fellows went away. and passed me; the prosecutor went up stairs, and missed the things; I went with him and found the prisoners in Ratcliffe Highway; I saw the prisoners with the bundle; these are the same people; I was at the justice's afterwards; they told the justice every thing that was found upon them, they had taken away; and as it was the first time, they hoped he would forgive them; they said they had sold the other things in Rosemary-lane, and they would go and shew them where they were; and find friends to get them again.

PRISONER BENNETT's DEFENCE.

This young fellow took the things while I was there; I know nothing of it.

PRISONER LITTON's DEFENCE.

I went up stairs and took a pair of shoes; and he sent me up again; then I took a handkerchief and something else.

BENNETT, GUILTY .

Transported for seven years .

LITTON, GUILTY .

To be severely whipped and passed to his settlement at Bristol.

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17881022-67

673. GEORGE FRAZIER was indicted for feloniously assaulting Samuel Ravenhurst , in the dwelling-house of Mr. Bradbury, on the 9th of September last, and putting him in fear; and taking from his person, and against his will, two half crowns, three shillings, and two six-pences, his property .

(The witnesses on both sides ordered to withdraw.)

SAMUEL RAVENHURST sworn.

What is the reason that your witnesses did not attend, pursuant to the notice? - I do not know, they may be here now, they were not come when I came in; I thought as I had received two notices of trial, the court would indulge me 'till tomorrow.

Have you given them notice to attend? - I did give them notice.

When? - Last night I desired them to be here at nine this morning.

Court. Is your name Samuel Ravenhurst? - Yes.

Relate in what manner you lost your property? - On the 9th of September: I am not possessed of the paper now; I have neither counsel or attorney.

Why have not you? - It is so early in the morning, that I thought the court would indulge me till the afternoon.

Court. The court never indulges any body without a proper reason assigned.

What time of the day was it? - Between one and two in the morning.

Was it the morning of the 10th or the 9th? - I cannot tell.

What day was it? - I forget it now; I have it down in writing, but I am not possessed of my writing now.

What day of the week was it? - Tuesday I believe; I have it down in writing at home.

Was it Tuesday night or Wednesday morning? - I think it was Tuesday night.

Was it Tuesday morning or Tuesday night? - I think it was Wednesday morning, but I am not sure.

You think it was Wednesday morning? - I think so.

Where were you at that time? - I was at Mr. Jenkins's, that is the gentleman who ordered me to bring the oysters and the fruit; he is not a house-holder, he is a lodger.

I ask you where you was? - I was in Mr. Jenkins's house.

Where was it? - In Holborn , at Mr. Bradbury's, he is a cheesemonger, that owns the house; and the dancing master lodges in the house; Mr. Jenkins came down to my house; he agreed with me for two hundred of oysters, and some fruit; and I was to deliver them at eleven the same day; and to be paid ready money for them; he asked me for trust; Jenkins was the man that employed me.

To do what? - To come to bring the oysters there; tell me what you want, and I will tell you.

Court. I want you to tell your story? - I came there at eleven, to Bradbury's-house; Jenkins was the person that ordered me to come there; I came to Mr. Jenkins's where he lodges; where this dance was; where this grand company was; about eleven on Tuesday night I came to the lodgings of Mr. Jenkins in Holborn.

What did you go there for? - In order to bring two hundred oysters, one hundred pears, and one hundred apples, according to order; I delivered them, and they gave a general satisfaction; I had no complaint; as soon as I had opened the oysters, I ordered my servant to take and clear all the shells and throw them away; then I applied for my money, to Mr. Jenkins; it was in the passage that I opened them; and he took me into a room, where there was nobody but me and him; I sat there for the space of half an hour; then I told him I must go to Billingsgate in the morning, and I should be much obliged to him to discharge me, and let me go home; then I applied again to him, and told him I

would be very much obliged to him, if they would pay me; then he said they were at supper, and he could not speak to the master of the ceremonies; in short supper came out, and he asked me to eat a bit of supper with him; and I told him I could not eat any thing at all; I applied the third time; he begged I would not be angry, and he would get me the money; then Jenkins's wife went in and fetched out this Mr. Frazier from the room where they were dancing; she called him by his name; I knew no more of it; when he came out he called me every thing but a gentleman, a damned scoundrel, and villain, a damn his eyes if he would not knock my head off.

What provocation had you given him? - None at all, I never spoke to the gentleman in my life; says he d - n your eyes you scoundrel, you have no business here; Sir, says I, I ask pardon, I was asked up here by Mr. Jenkins to be paid; I will go down immediately; and I got up to go down stairs; he kept swearing and cursing me, and saying he could have credit for five hundred pounds; Sir, says I, I have no demand upon you, I agreed with Mr. Jenkins for ready money; and I should be glad to have it, as I go to market; then when I came to the landing place of the stairs, he struck me over the eye, and knocked me from the top to the bottom; I dare-say, there were eighteen or nineteen steps; but luckily, as it pleased God, I caught hold of the rail, or else I cannot say what the consequence would have been; then he came down to me, and I got up; and he said d - n you, you scoundrel, what is your demand? Sir, says I, it is seven shillings the oysters, and two shillings the fruit; then he gave me, to the best of my knowledge, two half crowns, three shillings, and two sixpences; then when I had the money in my hand, he d - d my eyes, and bid me look at the money; accordingly I did look at it; then d - n your eyes you rascal, says he, you shall not have a farthing, and he gave me a blow over the nose, it spun of blood, and down I fell; and he took the money from me, and kept me down; one of the ladies had some humanity and mercy and came and took him off, and begged he would not murder me; my little girl cried murder; and as they were kicking me, I bid her call the watch; accordingly she did; then this lady came down, and took him round the waist, and begged for God's sake he would not strike me, but let me have my money; he said no, d - n his eyes if I should have a farthing; then he pushed me out of the door, and I called half a dozen watchmen in a very little time.

Court. This was a gentleman that Mrs. Jenkins brought out, and called Mr. Frazier? - Yes.

Do you know him again? - I do not know that I know him, but I think that gentleman in green is him; to my knowledge; I cannot say that I am sure; another gentleman struck me beside him, but I do not know him; I found out where he lives; I had not put up the money, I had it in my hand; he laid hold of the money with one hand, and struck me with the other; he took the money out of this hand; he took two half crown pieces out, and the other fell to the floor; I was down, my nose bled so, you would have been surprized.

You had no demand upon him? - No, I made no bargain with him.

Then by your account, he put some of his own money into your hands and took it away again? - Yes, I would have given it to him again, if he had asked me for it; he did not give me time to speak, I just clasped my hand, and he directly d - d my eyes; and I wished myself out of the company; his hand was not two inches from my face.

Mr. Garrow, Prisoner's Counsel. So you are a dealer in oysters and fruit ? - Yes, upwards of six years.

You have had no other business for the last six years than that? - Yes, I sell bread, fish, rabbits , and fruit, or any thing.

That is the way you have got your

bread for the last six years? - Yes, I mean to swear that positively.

Then you have never acted as solicitor, within the last six years? - Solicitor! No.

Carrying on suits, and hunting after causes, and carrying them on? - I am not admitted an attorney.

You have never attended courts of justice, in the character of a man soliciting causes? - No, I do not say I have not, I say I have, I do not practice in any courts.

Upon your oath, have not you got your living the last six years in attending at the New Sessions House Clerkenwell? - No, Sir, I never attended there, I attended Mr. Jackson, whom I am with; he lives in the Fleet Market, he is an attorney; and he lived and boarded with me at that time.

Then you acted as his clerk? - Yes.

Then of course you never put your name to the back of briefs, as an attorney? - No, Sir, I did not.

Did you never deliver a brief in your life, with the name of Ravenhurst on the back of it, as an attorney? - Never in any court; nor I never attended without Mr. Jackson; he never tried a cause; he has sued out writs; I never attended the prosecution of any cause in this court in my life; Mr. Jackson never had a cause here.

You never attended any in your life? - Yes I have attended to some but not here.

Where? - I attended one when Mr. Eccleston was the attorney, if you remember before the recorder of the city of London; I occasionally act for him, a friend of mine I recommended to Mr. Eccleston; you and Mr. Silvester were both employed, at the Sessions of Peace for London; the brief was indorsed Eccleston the attorney; he attended and I was there with him.

Do you mean to say, that in the course of the last six years, that is the only cause you attended? - Yes, I do not recollect any other, I do not believe I ever did any where.

Will you swear you never did.

Court. Consider, if he acts as an attorney, without being one, he is subject to the penalty.

Mr. Garrow. Perhaps in the course of the last six years, you may have had other occasions to attend courts of justice, have you been a good deal at Westminster, in term time? - Yes, I have been at law with my brother for fourteen years; every body knows me; I certainly have a good deal of law of my own.

Is that the only business you have at Westminster-Hall, for the last six years? - Yes.

Upon your oath, how often have you justified bail, in the course of the last six years? - I do not suppose I ever justified bail in my life, I do not know I ever did within six years, I do not believe I ever did.

Will you swear positively, that you never did? - I do not know that I ever justified bail in my life in Westminster-Hall; I do not know that I ever did.

Court. It will be mis-spending the time of the court, to go on further in this business, I have stated the whole of the evidence to the learned Judges, and they both concur with me, that however violent the assault, there is no pretence to charge a felony: the case is this; the prosecutor is employed by another, who was to pay him for his oysters and his fruit nine shillings; the prisoner, Mr. Frazier, who had nothing to do with the employment of him, and owed him nothing, comes out; attacks him, whether with or without provocation does not signify any thing here; d - ns him, abuses him, and beats him, he pulls out nine shillings and put it into his hand, then takes the money back; we are all of opinion there is no foundation for a felony, the assault was very improper and violent, he changed his mind.

Mr. Fielding. We were perfectly assured of this, but I venture to pledge myself, if you will only have the goodness to examine one or two witnesses, on the part of the defendant; I will prove this to be the most diabolical business that ever entered

into the mind of man; and then your Lordship may grant us a copy of the indictment: Mr. Frazier is of as high reputation as any man in town; I wish it in order to shew you the depravity of the prosecutor's mind.

Court to Prosecutor. Have you any further witnesses? - Yes, Sarah Field .

Mr. Fielding. The man must know the impropriety of such a prosecution, having attended prosecutions in courts of justice.

SARAH FIELD sworn.

What are you? - Servant to Mr. Ravenhurst.

Where did Mr. Ravenhurst live at that time? - In Blackman-street, Clare-market.

Now take care to speak the truth; tell us the whole truth and nothing else; if you do not tell the truth, you will be in danger of a prosecution; do not let any attention to your master, or any other motive induce you to conceal the truth, or go beyond it? - My master was in the house at eleven o'clock, he went with some oysters and fruit; the fruit was sent first, and my master and I went with the oysters; when we went with the oysters, Mr. Jenkins said, it was time enough yet to open the oysters, he did not open them; then afterwards he was called up to open the oysters, he opened them all; then he went up stairs and asked for his money; he asked Mr. Jenkins for his money; he said how much is it? my master said seven shillings the oysters, and two shillings the fruits that was nine shillings; he asked again for his money; they bid him stop, and he did stop; then the gentleman went into the dancing-room, and called a gentleman out; and he knocked my master all the way down stairs; when my master went to the bottom of the stairs he got up; the gentleman followed him; he asked him his demand; my master said seven shillings the oysters, and two shillings the fruit; he then pulled his hand out of his pocket and gave him the money, and d - d his eyes for a rascal; he said look at your money; he would not let him have time to look at his money; but he took hold of his hand that had the money in it, and knocked him down with his other hand, his nose spun blood; my master told me to scream out murder, and I did.

What did your master say to this gentleman, tell the whole truth; did he say any thing to him before he struck him? - No, he did not; he said do not d - n my eyes Sir, d - n your own eyes; that was before he struck him.

After the gentleman gave your master the money, what did your master say to him, when he had the money in his hand? - My master did not say any thing then.

Recollect yourself, you know you have not heard your master examined, you was not in court; now the minute he got the money into his hand, what did your master say? - I do not think he said any thing; he gave him the money, and snatched hold of his hand that the money was in, and knocked him down, and his nose spun of blood.

Mr. Fielding. How long have you lived with this man? - Past three years.

He is very good to you as a master? - Yes.

Do you breakfast with him? - Some times I do.

So then of course, as you was coming here, you breakfasted with him? - Yes.

Did he take care of you as you came along the street? - Yes.

Mr. Garrow. You know he swore he did not know this girl was attending.

Mr. Fielding. Now as we have examined your master, we know a great deal more than he has told you; when you was up stairs with him, was you up stairs all the time that he was there? - I cleared all the oysters.

Where was you when the oysters were opened? was not this man extremely drunk at that house? - No Sir, he was not.

Did not he make a great noise, and behave very rudely, and the gentlemen there wanted him to go down stairs? - No Sir, he did not.

Mr. Fielding. It is almost a shame to ask the poor child.

Court. She is under the influence of this man so much, I think you will do better, not to lead her further.

What age are you? - I am turned of sixteen.

Where does your mother and father live? - My mother lived in Covent Garden.

Ravenhurst. My Lord she lived servant at a public house, just near to me, two years, before I had her.

JOHN STOCKTON sworn.

I am a muffin maker, High Holborn; I was in Mr. Ravenhurst's parlour, when Mr. Jenkins came in to give orders for the oysters and fruit; and Mr. Jenkins asked him for credit, he said he would not the first time; I was not present at the fact.

When did you come here; what time this morning? - I have been here about an hour and an half.

Who desired you to come here? - Mr. Ravenhurst, he called at our house last night.

Did he tell you when the trial was to come on? - He told me to attend this morning between nine and ten; I come by myself; I went to his house, but he was come here; he desired me to came to his house about nine this morning.

JOHN GILSON sworn.

Did you happen to be at Mr. Jenkins's, at the dance? - Yes, I was.

Tell us what passed between Ravenhurst and any person? - As to Ravenhurst, I cannot say, till to day, that ever I saw him; I saw the scuffle between the oyster man, and this gentleman; I was there, while there was a dance, in which Mr. Frazier was with a young lady, a Miss Steward; they were dancing, I was only looking on, at the time; I had occasion to go to the top of the stairs, and heard a noise below; I went down and saw a scuffle; at last I understood, a man was turned out, the door was shut; I understood he had insulted a Mr. M'Cree, and he had turned him out.

During that scuffle, where was Frazier; - Up stairs, I left him there dancing, and I was not two minutes below, when I went up stairs again, I found him dancing; presently, indeed it was, I believe, as I was walking up stairs, I heard a terrible loud rapping at the door; that was after the fellow had been turned out, and it was repeated often; I know that the oyster man was delivered over to the watch, on account of this noise, and rapping at the door; I also know that during the whole of this scuffle, and his being delivered over to the watchmen, Mr. Frazier was in the room; he might have stept out for all I know, the moment I was down, but I am positive sure he never was down at the door.

Ravenhurst. May not I ask this gentleman a question or two? I have no counsel.

Court. State them to the court.

Ravenhurst. Do you remember Mrs. Jenkins's calling any gentleman out of the room to the oyster man? - No, I did not see her call any body out, but I understood she called out a Mr. M'Cree; I should suppose I must have been then in the dancing room, but I cannot just tell where I was.

Was you present at the justice's the next morning when Mr. Jenkins declared it was Mr. Frazier? - I was not at the justice's at all.

Mr. Garrow to Stockton. Was not you talking to Ravenhurst before he came into the court to day? - I spoke to him.

Then you saw him at the door, before he came into court? - Yes.

Ravenhurst. I want the chief man, he is not here, his name is John Jackson , he was a gentleman that passed by at that time; he went down to the watch house, and left his own address; he lives in Oxford-road, No. 124, this is his own card, his own address.

M'CREE sworn.

Mr. Fielding. I believe you was at this house? - I was; there was a little dance, and a dancing master; there were three or

four and twenty couple; I remember Ravenhurst being there that evening.

What was the first part of the evening in which you saw him? - I did not see him till after supper.

In what situation was he? - Some time after supper, after having finished a dance, in the hall room, Mrs. Jenkins came in to me, and told me a man was behaving very insolently, and riotously, in the supper room, and had frightened her, and begged of me to go out; I went out into the supper room, and found this man, Ravenhurst, sitting at the supper table, with his hat on; and speaking very insolently, and speaking to the ladies as they passed backwards and forwards; I went up to him, and asked him what he wanted? and he said nine shillings; I put my hand into my pocket and found I had not silver enough to pay him; he was going to follow me; says he d - n me, I want my money, and will have it; he pushed me on my left breast, in order to get into the room; I pushed him backwards by the breast, and that sent him two or three steps down the stairs, on his hands and feet; I went into the room without taking any other notice, and borrowed two half crowns, of the first gentleman I met; I went down, and I found him at the bottom; he said it was nine shillings; Mr. Jenkins, I believe, said it was only eight shillings; however, I said, I will give you nine shillings, if you demand it; I gave him three half crown pieces, a shilling, and a sixpence, and bid him to see whether the money was good; says he, tell me whether it is good: I could not bear this man's affronts without defending myself, I struck him, that sent him reeling against the passage; in order to save himself from a fall, the money dropt in the passage, I heard it fall; it was picked up by the girl; Sir, says the girl, when I struck him, my master will go; I paid him the money; Mr. Frazier was at that time in the dancing room.

Mr. Garrow. Will your Lordship permit us to call another witness, in order to commit this man.

M'Cree. The door of the passage was quite shut, nobody was admitted.

Who were the gentlemen of your party, that was present? - Mr. Jenkins the dancing master and Mr. Williams.

Is Mr. Jenkins or Mr. Williams here? - Mr. Jenkins is here.

Ravenhurst to M'Cree. Was you the gentleman that Mrs. Jenkins fetched out of the room? - I have told the court I was.

Who was in the room when you came into the room to me? - I cannot recollect who were there,

Ravenhurst. Nobody was there but you and me. - Mrs. Jenkins was reasoning with him at the time, he was thumping with his hat on the table, she told him the company had not yet settled the business.

JENKINS sworn.

I understand you were the dancing master, at whose apartments these gentlemen and ladies met? - Yes; after supper I asked him, and his little girl, to sit down with the servants, to eat a little supper; he asked for porter; I desired them to help themselves; after some time, he saw some ladies coming out, whom he made some rude observations on; my wife said, what is the matter? she went into the room, and brought one Mr. M'Cree.

Was Mr. M'Cree the person she brought out? - Yes it was.

Was it Mr. Frazier? - No, it was not; he said nine shillings; says Mr. M'Cree, come out and I will pay you; the man went out of the supper room, to the top of the stairs, Mr. M'Cree, put his hand to his pocket, and went into the room; this man followed him in; says Mr. Mac Cree , you are not to come in here; the man turned round and said d - n me I want my money; he slipt down upon his toes, on the stair; then Mr. M'Cree went into the room; the man by this time was at the bottom of the stairs, and M'Cree, came out and stood on the two last steps of the stairs; the man held out his hand, and he gave him three half crowns, a shilling, and a sixpence; says the man, is it good? says Mr. M'Cree, make use of your

own eyes, I am not obliged to look at your money; the man pushed him, and said, d - n your eyes, and a scuffle ensued.

Was Mr. Frazier in the passage, during any part of that transaction? - No, positively he was not.

Did Mr. Frazier take him by one hand, and take the money out of his hand, and strike him with the other? - No.

Did any person take the money out of his hand? - No.

That you swear positively? - Yes.

But in the scuffle the money dropt out of his hand? - Yes.

To Mr. M'Cree. Upon the oath you have taken did any person take the money out of Ravenhurst's hand? - No, Sir, certainly not, I am positive of it.

Ravenhurst. How came the money out of my hand.

Court. Ravenhurst, Mr. M'Cree has already told you.

Mr. M'Cree. In addition to that he was so completely drunk, that the smallest push I gave him knocked him down; I gently touched him, he fell down, he was so completely drunk.

Mr. ATTORNEY GENERAL sworn.

Mr. Garrow. When we have the good fortune to call such a witness, we need not trouble your Lordship with any other gentleman; Mr. Attorney General happens to be here on another prosecution.

How long have you known Mr. Frazier? - Several years; I have had occasion to know him in two different capacities; first, as clerk to Mr. M'Kenzie, a wine merchant, with whom I dealt; and as secretary to a society, which is a large subscription; and I believe every gentleman of that society, beside myself, will say, that he is exceedingly honest, and a reputable man.

Court. Now, Mr. Ravenhurst, you see that gentleman, Mr. Frazier, in green, and that other witness; now which of them was it that took the money from you?

I told you at first, I could not tell; he did not let me look at him; if I was to die I cannot tell which it was; but the good woman swore before Mr. Walker, that it was Mr. Frazier; Mrs. Jenkins, Mr. Jenkins's wife, I asked her in particular, what the gentleman's name was; when she was upon her oath, before Mr. Walker, and she told me his name was Frazier; I did not know the gentlemen or lady neither; and I wish I had not seen them then.

Another thing; did she call the gentleman Mr. Frazier, that night? - Yes, she did say so; she went out and said, I will fetch Mr. Frazier, the master of the ceremonies; that gentleman that swore last, said he was to pay me

She told you she would call out Mr. Frazier? - Yes, and he was the master of the ceremonies, and he would pay me.

Did she speak, when she brought him out, did she speak to him, or call him by his name, after she brought him out? - No, I do not believe she did, for he would not let us stop a moment; he came as hot, as ever was a Scotchman; I expected I was not to live a moment.

What situation was you in, when this person, that Mrs. Jenkins called, came out? - I was then sitting nigh to the door, and my servant girl was close to me; and there was not another soul in the room but we two, not at that time; they were all dancing; and a vast deal of company was gone; I suppose it was near two o'clock in the morning.

Were you sitting at the supper table when he came out? - Upon the seat by the supper table, but I never tasted any thing, my servant did, but I did not; I was ordered to sit there by Mr. Jenkins, to be paid; and this gentleman was called out to pay me; I immediately went out of the room, and when I came to the top of the stairs, he knocked me from the top to the bottom against the rail.

Then there was nobody in the room when that gentleman was brought out by Mrs. Jenkins, except you and your girl? - No, Jenkins was not in the room at that time; when he knocked me down to the bottom, there were several people there then.

Court to Mr. Jenkins. Was you in the

room when your wife brought out Mr. M' Cree? - I was, and at the same time, I said to the man, how dare you sit with your hat on in this room?

Ravenhurst. I never had my hat on after I went up stairs; I never spoke to any man living.

Court to Jury. Gentlemen, you have heard the evidence, I believe I need not trouble you with summing it up.

Ravenhurst. May it please your Lordship, and you gentlemen of the Jury; I was brought here to serve these oysters, I did do it; after this I was beat; my money was taken from me; as for the gentleman that struck me, I did not know him; the lady told me at Mr. Walker's, his name was George Frazier ; the gentleman that is here, a little Scotchman, attended; he came out, and a lady that never was nigh me, and charged the watch; I called the watch to my assistance, not theirs; then comes out the gentleman, and pointed me out; then they charged the watch with me, he dragged me to the watch-house; he got to the watch-house before me; when they came, there was a cobler was a constable, which was a scandal to the county of Middlesex, to have such trading constables; my nose was all over blood, when I came there, I begged that the gentlemen might be brought there as well as myself; no, nobody at all; this constable acted greater than your Lordship; take him and lock him up, that is the next cry; I begged for bail, and something to wash my face; no, lock him up; there was I taken backwards, and locked up as a thief or felon; upon this the man of the house, which is the watchman, he had some humanity, not like those savage beasts, who had no humanity belonging to them, callous to every sense of decency -

Jury. My Lord, I do not know that we have any right to hear him against such universal evidence, both as to character and facts.

Court to Ravenhurst. What hapened to you, has no relation to this matter.

NOT GUILTY .

Mr. Garrow. My Lord, we humbly move the court, that Mr. Ravenhurst may be committed into custody, we undertaking to prosecute him for perjury.

Court. Take Mr. Ravenhurst into custody. I think this is the worst of all capital prosecutions for felony, that I ever remember.

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17881022-68

674. WILLIAM COOK was indicted for stealing, on the 14th day of January last, one hempen sack, value 10 d. and four bushels of wheat, value 20 s. the property of James Lyon .

A second count. For stealing, on the same day, one hempen sack, value 10 d. and four bushels of wheat, value 20 s . the property of Thomas Ashby , the elder , William Ashby , and Thomas Ashby the younger .

A third and fourth count. For stealing, on the 13th of February last, the same goods, the property of the same parties.

(There being no evidence the prisoner was acquitted .)

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17881022-69

675. FRANCES LYON and SARAH SIDELTON were indicted, for feloniously assaulting George Brooks , in the parish of St. Botolph, Aldgate , on the 28th of September , putting him in fear, and feloniously taking from his person, and against his will two guineas, a half crown, a foreign silver coin, a French half crown, and eleven shillings and sixpence in monies, his property .

BOTH NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17881022-70

677. WILLIAM SAFLEY was indicted, for burglariously breaking and entering the dwelling house of Anthony Philips , about the hour of one in the night, of the 29th day of September last, and burglariously stealing therein, one guinea, three half crowns, a French half crown, value two shillings and sixpence, six shillings and nine copper halfpence, his property .

A second count. For feloniously stealing the same goods, in the said dwelling house, and burglariously breaking the said house, to get out of the same.

NOT GUILTY .

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

Reference Number: t17881022-71

678. JOHN KELLY alias HENDERSON , and ELEANOR COURTENEY were indicted for stealing, on the 27th of September , fifty one printed bound books, value 3 l. the property of Sarah Hanna , in her dwelling house .

SARAH HANNA sworn.

I keep a lodging house, No. 9. Hungerford-court, Charing-cross ; I did not miss any books till I was sent for to Litchfield-street office, on the Monday after Michaelmas day, the books were there; the prisoners came to me as man and wife; and lodged ten weeks in my house; during that time I understood them to be man and wife; they had left my house about ten days; they were my lodgers still, only in another house, but the woman came backwards and forwards to that house, and she discharged the lodgings in the house, in which they had been before; I never saw the books in the hands of the prisoners.

WILLIAM WARD sworn.

I deal in books and different articles; I keep a house in Long Acre; the man prisoner brought a parcel of duplicates to me, and said he was recommended to me, to buy some books he had in pawn; he said they were a parcel of magazines; I went to the pawnbroker's, whose name is Thomas Jenkins, to see these books; I saw they were magazines, I believe there were about four or five volumes, they were bound; and two or three odd volumes of Pope's works; there were about thirty-eight or forty in the whole; the prisoner only mentioned magazines; I agreed with him, and bought the duplicates; I gave him fifteen pence a piece for them, one with the other; I think there was thirty-eight when I fetched them out of pawn, not all magazines, there were thirty-two of magazines; he gave me the duplicates, and I took them out; I have some of the books here. (The books produced.) Some of them I took out of the pawnbrokers, and some I stopt; I am sure all the books that I have here, he either brought me or sold me; I believe he first came to me about the 22d of September, and two or three days after, he brought me two or three odd volumes more.

Did you keep these books by themselves, or mark them? - When he brought me some, two or three days afterwards, I had a suspicion, and I marked them; and the first I kept by themselves, as I always do, when I buy a lot; I put a cross upon them that I stopt upon him; after those I took out of pawn, there were thirty-two volumes of one sort, running numbers; and there were some odd volumes which I put my shop mark on.

THOMAS CHIPPAGE sworn.

The man prisoner has used our shop about three months, in Jermyn-street, St. James's; and in the course of that time he pawned forty books; there were thirty-two volumes of Universal Magazines; I believe July was the first month he ever came to our house.

What is the greatest number that ever he pawned at your shop at one time? - I believe five; here are two volumes of the British Empire, I can swear positively to; and I can swear to thirty-two volumes of

the magazines, them I can swear to; there are one or two volumes of Pope's works, them I cannot swear to.

Prosecutrix. The books were in a trunk, at the bottom of the garret stair-case; they were left with me for a debt of a gentleman, who boarded and lodged with me, and he told me to sell them.

Charles Elliott , a watchman, opened the chest, and at the bottom there were a parcel of books, which compleated the sets, with those that Ward produced.

Court to Ward. What is the utmost value of any five of those books? - I suppose about one shilling and six-pence a piece.

JOHN KELLY , otherwise HENDERSON,

GUILTY .

Transported for seven years .

ELEANOR COURTENEY , NOT GUILTY .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17881022-72

679. NATH. SURMAN was indicted for stealing, on the 13th of October , two gallons of beer, called porter, value 20 d. the property of John Calvert , Peter Calvert , Jeremiah Merrill , and Thomas Cole .

WILLIAM PAUL sworn.

I am servant to Messrs. Calvert, and Co.

How many partners are there, and what are their names? - John Calvert , Peter Calvert , Jeremiah Merrill , and Thomas Cole . I was called upon by Benjamin Batley , the watchman; I had the care of the cellar; I had left it about three weeks before, locked up.

BENJAMIN BATLEY sworn.

I am a watchman, I know the store-cellar, in Lilly-street, near Saffron-hill ; about half past three in the morning, as I was going round my beat, I saw the iron bar of the cellar thrown back; I stopped a little for my partner, and in the mean time the shutters were pushed open, and a stone bottle handed up on the flap, out of the cellar; I took the stone bottle and put it on one side, and desired the man to keep in the cellar; but the prisoner jumped out of the cellar; I knew him before, he used to pick cinders, and gather old iron; he begged of me to let him go; I told him I would not; he began to struggle, his coat rent, and he got away; he stood at a distance by the common sewer, and he asked me to give him the bottle; I told him I would not; then says he, I will give you as great a beating as ever a man got; my partner came up, we pursued him, but could not find him, he bid himself; by and by he returned, and said he had a stick, he was prepared for me, to give me a beating; we pursued him again, and could not catch him; I took the bottle to the watch house, it slipped down and broke.

Do you know it was beer? - It was full of some kind of liquor, it smelled like beer, I did not taste it, when I came back; we took him that night, about thirty minutes after.

WILLIAM PAUL sworn.

I went down to the cellar, before they went to the Rotation office; I saw the prisoner, and found two pegs in a butt; this is the one and the other is larger, to .ive it vent; there appeared to me to be about fifteen gallons missing out of the butt, it was porter.

Are you sure that the last time you locked up the cellar, before the 14th, these pegs were in? - Yes.

PRISONER's DEFENCE.

The cellar door was left open, and I saw it was a gift, and I put the broad arrow, as the government was in my debt, before I entered I put the broad arrow on it.

Court to Batley. You knew this man before? - Yes.

Did he talk in this incoherent manner? - He acted much in the same manner after we took him, before, and by that reason

gentlemen mentioned to the Grand Jury, that they thought he was insane; he was always well enough in the time of the intervals, and bid me good morning.

When you apprehended him did he talk sensibly? - Very sensibly, and asked me to let him go, and asked me what the beer was to me.

RICHARD AKERMAN , Esq; sworn.

How did he behave since he has been with you? - I have heard no particular account of his behaviour.

Owen. Since he has been with us, he has been very quiet; I never took any notice of any thing of the kind.

GUILTY, 10 d . Whipped .

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

Reference Number: t17881022-73

680. THOMAS BAYLIS was indicted, for that he, on the 29th day of April last, had in his custody, a certain inland bill of exchange, purporting to be signed by and in the name of Thomas Baylis , dated London, the 28th of April, 1788, directed to Mr . John Griffin , surgeon , for 82 l. 15 s. 11 d. signed Thomas Baylis or order, fourteen days after date; and that he contrivingly, feloniously, to deceive, and defraud him, on that same day, did unlawfully make, forge, and counterfeit, and cause and procure to be unlawfully made, forged, and counterfeited; and willingly act and assist, in the false making, forging, and counterfeiting, on the same inland bill of exchange, an acceptance in writing, purporting to be his acceptance, as follows,"Accepted, J. Griffin" with intention to defraud him, against the statute .

A second count. For uttering the same, with the like intention.

A third and fourth counts. For forging and uttering the same with intent to defraud Edward Light .

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17881022-74

681. JOSEPH KIRKLAND was indicted for feloniously stealing, on the 15th day of April last, two pieces of silk and worsted damask, value 15 l. the property of Thomas Willis , and George Warren .

NOT GUILTY .

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

Reference Number: t17881022-75

682. ROBERT RADCLIFFE was indicted, for that he and Henry Carter , on the 30th of January , being on board a certain vessel, called the Revenge Lugger, on the seas , holding guns loaded in their hands, did shoot at a boat belonging to the navy, against the statute .

There were several other counts in the indictment, charging this offence in a different manner.

There not being a sufficient evidence, the prisoner was ACQUITTED .

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

Reference Number: t17881022-76

683. WILLIAM AKERS was indicted for stealing, on the 14th day of January last, one hempen sack, value 10 d. and four bushels of wheat, value 20 s. the property of James Lyon .

A second count. For stealing on the same day, one hempen sack, value 10 d. and four bushels of wheat, value 20 s. the property of William Ashby , Thomas Ashby the elder , and Thomas Ashby the younger .

A third count. For stealing on the 13th of February , the like goods, the property of James Lyon .

A fourth count. For stealing the same goods the property of William Ashby , Thomas Ashby the elder, and Thomas Ashby the younger.

The case opened by Mr. Knowlys.

(The Witnesses examined separate.)

JAMES LYONS sworn.

Mr. Knowlys. What are you? - I am a lighterman , and owner of barges.

Are you concerned in carrying corn from the ships to Queenhithe? - Yes, any where; I am very largely concerned; I have a great many craft, and a great many hands; I have known the prisoner some some years; the prisoner was employed by one Goldhawk, a large master, to take the wheat from my barge higher into the country; he was so employed in January last; he came to my house and had his Christmas-box; I gave him half a crown; I put it on board the 14th of January, and in the morning of the 15th of January, I missed a sack of wheat out of my barge, which lay a long side the barge of Goldhawk's; there was only that one; it was about half past seven in the morning, when I saw my barge, a long side that barge; on the 15th of July I received information from one Clerk; I took him to Guildhall, and Alderman Curtis was in the chair, he examined him. This prisoner was then at Guildford on a trial; I got a copy of the indictment to take him; if he was cleared of that there; and we took him, he was taken there and nailed; and then he flew from his bail since, from that

time till this; I did not see him till last Thursday; he came to my house about ten at night; and he came and cried, and owned every thing to me; he said he robbed my craft, and his master's craft; and one Cooke was the ruin of him; and that he took one sack of Mr. Ashby's; I made his bail take him away.

Before this, had you held out any promise of favour to him? - No, he begged for favour.

Did you hold to him any hope or prospect of mercy for any thing he should say? - No, I did not; Ashby's are Quakers.

Should you know your sack, if you was to see it? - Yes.

Mr. Garrow, Prisoner's Counsel. I suppose you have seen a great many hundreds of the same sort? - Yes. I cannot swear to the sack.

Do you know a person of the name of Field? - Yes, I know Field very well; he is a barge builder.

Do you know a person of the name of Nelson? - Yes, he is a lighterman.

There was a word or two said to you, about a Mr. Cooke; what way of life is he in? - He is a barge builder.

I believe this said Mr. Cooke happens to have some actions depending against Field and Nelson? - That I knew nothing of till to day, only what I have heard.

Did you never hear it till to day? - Not the contents of it.

Do you mean to swear that you never heard that Field and Nelson were defendants in actions brought by Cooke, till to day? - I have heard it in our market several times, but I never saw the actions; I had no business with any actions.

Do not you know that these actions had stood for trial, for months past? - No.

Did you never hear any thing of it till to day? - Not that the trial would come on to-morrow.

Upon your oath, did not you know that that these actions stood for trial before the last sessions here? - No, I did not then; I have no business with any of their actions.

Was you here at the last sessions? - Yes.

Did not you hear me state to the Recorder, who now sits here, that these actions were standing in Lord Kenyon's paper, for trial? - I do not recollect any such thing.

Oh, mighty good, mighty good. Will you dare to swear you did not hear me state that distinctly to the Recorder of London, who now sits as Judge. Were not you standing here, within three of me? - I do not remember it.

Will you swear you was not standing within three of the people? - I was sitting there.

Did not you hear me state to the Recorder of London, that that application was made in order that these actions might be postponed? - I do not recollect it, to my knowledge.

Did not you hear the Judge say, that on that ground he would postpone the trial? - The trial was put off on account of their witness being out of the way.

You know that was not the ground upon which it was put off? - I know he was not in the way.

Upon your oath, were they put off on your application, upon the motion of your counsel, and upon your own affidavit, Sir? - Certainly.

Did not you hear me state to the Recorder, that that application was made, only because these actions were remaining for trial in Lord Kenyon's papers? - No, I do not recollect that.

Will you swear you did not hear that? - Yes, not to my knowledge.

Have not you heard it this very sessions, within this week past? - No, I do not recollect.

Was not you here when your counsel moved, to put off the trial of Mr. Cooke? - I certainly was.

Was not you within reach of me at the time when your counsel moved to postpone the trial of Mr. Cooke to the next sessions? - I was.

Did not you hear me state to the Recorder

of London, in the hearing of this Jury, that this trial was to be postponed again, because these causes were remaining in the King's Bench? - You never said any thing to me about the trials.

Will you dare deny it? - I cannot recollect any thing about it.

Will you dare to deny it? - I must deny it.

Why it is in the memory of every man that heats me now; deny it if you dare, and I will indict you the next sessions; I will have you now tell me the day it was made? - Last Thursday.

Upon your oath, upon last Thursday, did not you hear me (standing in the place I am now in) talk of these actions? - I have no business with these actions; I believe there was something mentioned; I am not interested in these actions.

Did you hear me talk of them, yes, or no? - You was saying something to the Judge about them.

Upon your oath, did not you hear me distinctly state, that the object of postponing Mr. Cooke's trial, was, that Mr. Cooke's action in the King's Bench might be tried? - I have nothing at all to do with Mr. Cooke; I am upon my own bottom.

Court. You appear an honest man, in a reputable situation, without considering the consequences of the questions that are asked you; you should answer them? - I heard him say something about the trial last Thursday, but not before.

How was it that you never heard of these actions till to day? - I said, I do not know what they are for; I have heard to day that they were actions brought by Cooke against Field and Nelson, for defamation; nobody applied to me to prosecute.

You swear that? - Yes.

Neither Field nor yet Nelson applied to you? - No, never.

You say, you obtained a warrant against the prisoner while he was at Guildford? - Yes, he was tried there for some wheat at the Albion mill, I heard; I do not know that Field and Nelson prosecuted this man at Guildford, I never heard so from them; I was not down at Guildford; I understood that the proprietors of the Albious mill prosecuted.

Who acts as your solicitor? - His name is Lloyd.

Upon your oath, have you ever seen Mr. Lloyd on the subject, in the course of your life? - Yes, when I first employed him, and I saw him this sessions over the way, at the Bell; he has a clerk here, that attends him; his name is Turner.

You know better, Mr. Lyon? - No, I do not.

Will you swear, that that affidavit, that you yourself swore not three days ago, was in his hand writing? - Yes, I saw him write it.

You was the prosecutor against Mr. Cooke? - Yes.

Upon your oath, did not you represent to the court, that this man was at that time in custody, and would be here by by five o'clock that day? - He was on the road, and was in custody of my bail; and was at my house that night? I lent his own bail three guineas to fetch him up.

Who was present at the time he begged mercy! - One Mr. Berry; he is out of doors, a friend of mine, he happened to be at supper with me.

Mr. Garrow. I mean to shew that this is a wicked and infamous charge against this man, for the sake of involving Cooke, who has two actions in the court of King's Bench.

Mr. Knowlys. I am precluded from mentioning the name of Cooke; I forbear to mention the name of Cooke; I think it my duty, when a man is discharged from an indictment, studiously to conceal from the court the name of the man.

Court. As far as it is proper, and as far as it is admissible, the name of Cook may be brought in; but farther than that it would be wrong.

Mr. Garrow. By whose advice did you indict these two people? - By my own, or else I should lose all my employ.

Have you never said to any body that

you never missed any wheat, and that you were very sorry you had got into the scrape of prosecuting? - I will swear that I never said so, because I had lost it.

Did you never say, you had never missed any? - No, I never said so, because I did miss it.

You never said so to Mr. Fosgate then? - No, never in my life.

Do you mean to swear that positively? - I do.

You was present the other day? - Yes.

Do you mean to say, after all that passed then, when it was by your own advice, that this indictment was prefered? - Sir, it was my own.

Is not young Nelson here? - He may be; yes, I believe he is here.

Did not he join with you in every affidavit that has been made on the subject? - No, I can not say he has, he has in some affidits, but all I cannot say.

Upon your oath, did not young Nelson join one of the defendants in these actions brought by Cook, and join you in every affidavit you have made on the subject here? - Not in every one, I cannot say how many.

Did he join you in more than one? - I cannot say.

Will you swear that you made any affidavits in this court, in which young Nelson did not join you? - I cannot; recollect that.

Will you swear you made any one in which Nelson did not join you? - Upon my word I cannot say; I know there was an affidavit to move the court, there was two or three I suppose.

Did you make any one in which young Nelson did not join? - I know there were some affidavits of young Nelson's.

Are there any one in which young Nelson was not a party; young Nelson, I mean the son of one of the defendants? - He was at Guildford, and heard this man's confession, that was my reason for subpoening him.

Will you swear you have made any affidavits to the court, in which Nelson has not joined? - No, I cannot swear that, because there are five affidavits.

Who else joined you in these affidavits? - I am sure I cannot give an answer to that; oh, Sir, Pedley, one of the bail for Akers.

Who else is there? - There was Nelson one, I was two, I think there was five; upon my word I cannot tell their names, they are people that I subpoened.

More reason by much to know who they are? - I do not know any one of the others names, they were strangers to me.

What in a criminal prosecution against Mr. Cook, an eminent bargeman, as eminent as you, at least? - I heard they could give some informations.

Did you ever read the affidavit? - I heard it read over; but I cannot recollect the names; one lives over the water, he kept a public house; I believe he did keep a public house by Mr. Cooke's.

Do not you know that this man was tried at Guildford upon an offence to affect his life, for a crime committed six months before; that he was taken up the very day before he was tried, and acquitted, without calling any witnesses; and that he was instantly admitted to bail on your prosecution? - I was not there; it was at the prosecution of the Albion mills.

Have you never been told so by your co-affidavit man, Mr. Nelson? - No, never.

Was not it stated in the court, that they were imposed on, and were ashamed of the prosecution? - I know nothing at all about that affair.

Do not you know that you sent down a constable with a warrant in his pocket, with instructions not to give it to the goaler? - I sent down a man with a warrant of detainer.

Was not he instructed, in your presence, by one of your sollicitors, not to give it to the goaler? - I did not instruct him.

Had not your constable his detainer in his pocket to deliver it to the Judge? - No.

Upon your oath, do not you know that this man is a witness for Mr. Cooke in these very actions that are to be tried tomorrow?

- I do not; I never heard so, never in my life, from Nelson.

Do not you know this indictment was prepared in order to prevent his being a witness on these actions? - No, I do not, deny it.

Now you have sworn, in the hearing of these gentlemen, that it was by your own advice that this indictment was prefered? - It certainly was.

Recollect what passed here the other day; will you venture to swear that still, after knowing what was stated? - I know nothing of it.

Do you mean still to swear that this was by your own advice? - Yes, it is by my own advice.

Did not you hear me state that this prosecution was commenced for the sake of taking off the evidence? - No, I do not know that.

Did not you hear another person standing in court, whose name I will not mention, state that it was brought under his directions? - I employed Mr. Chetwood to assist me.

How long ago? - Since July.

Did not you, sitting in court, hear him state that this was commenced under his advice and directions? - What under Mr. Chetwood's? why yes Sir, Mr. Chetwood is employed; I was speaking of the prosecution.

Upon your oath, did not you hear Mr. Chetwood state in the court, that it was by his advice and direction; did not you hear that learned gentleman say, it was by his advice and directions? - I do not understand what you say; I was talking to him at the time.

Do you mean to state that you was talking to him at that time? - I believe I was talking to him, to the best of my knowledge.

Have you never had a consultation at Field's house on this subject? - Never in my life.

You never was at Field's house? - Yes, I was there about three days ago.

Since the sessions commenced? - Yes, last Friday; my business led me there.

Was that after the trial of Cook was over? - Yes, the day after.

Field is one of the defendants in the action that is to be tried to-morrow? - So they tell me; I heard so to day.

Are not you a witness in that action? - Not that I know of; I have no subpoena.

Have not you been told to attend tomorrow? - No, not that I know of; I have had no notice to attend; I have not been desired to attend; I do not mean to attend; I know nothing of the cause without I am subpoened.

After Cook was acquitted here upon your prosecution, the next day you happened to be at Field's house? - Yes.

There was nothing said about Mr. Cook and Akers? - Yes, I told them that Akers was at my house the night before.

Who was present? - Pedley, the man that joined in the affidavit; I went in; there was one Artis there, he is another witness; nobody else as I saw; nobody else besides his wife.

Were none of your lawyers there? - No.

Where were they? - How do I know.

Was not Field present at any consultation on this prosecution; has not Field been attending this sessions in order to wait for the trial of Cook and this man? - I never saw him in here yet.

Have not you seen him at the public house in the Old Bailey? - Oh! yes, I have.

Has not he been here every day at the public-house you have been in? - No, I deny it; I believe I saw him twice; I saw him to-day.

How many hours is it since you saw him? - Three hours ago I suppose.

This is the very Mr. Field who is defendant in the action brought by Mr. Cook? - Yes, I suppose he is like other people, come here to hear what he can hear, and to see what he can see.

Did he happen to be present at any conversation about this prosecution, on the day after Mr. Cook was tried, when you and Mr. Chetwood were together that day? - I was not with Mr. Chetwood that day at Field's; Mr. Field was not with me and Mr. Chetwood that

day; I saw Mr. Chetwood this afternoon; we have not been together to day.

Will you swear that? - I might be in the house, not upon any business.

Upon your oath have you been together, yes or no? - I did not come here till seven.

How many hours is it since you three were together? - Near an hour; I saw Field about seven o'clock.

Young Nelson , the son of the other defendant, was not he present? - I saw Nelson; I saw them there together.

Were not you together? - No, I had no conversation with them.

Where did you see them by accident? - At the Bell.

Was you in the same room at the Bell? - No, Field and Nelson was in one room, and I and my friends were in another; they were about some other business.

Were not they preparing for the trial of to-morrow, in the action of Slander? - It was old Nelson that was here.

And is not old Mr. Field here too? - They were together.

Is Mr. Standon here too, and Bryant? - I do not know them, they were together, and I walked out; they were doing something that did not belong to me.

Who might your company consist of? - Nobody but my witnesses.

Do you mean to swear that? - Yes.

Nobody but your witnesses? - No, not that I know of: there was nobody but my witnesses.

How many were there? - Five or six I believe, not more than six I believe.

Then there were not more than six besides yourself in the room? - There is Mr. Berry, he is come, that was at my house when the prisoner came and the other witnesses; there is Clarke, Artis, and old Clarke, that is four; and there are two more, but I do not know their names. There is a waterman, one Edward Cleeson, I do not know the name of the other.

Was Harding there? - He was in the Court.

Was old Nelson there? - Yes, at first; when I went in he was in another room.

Was Bryant there? - I do not know him.

Which of the old folks were there besides? - I do not know; there is one very old man, a thin man, but I do not know his name, he was there; I saw him by the fire side, but what is business was I cannot tell.

Mr. Knowlys. Are you a party in any one of these actions? - No, I am not.

Do you contribute to the expence of any of these? - No, I do not.

Are you a witness in any one of these actions, to your knowledge? - No, I am not, to my knowledge.

Had any body undertaken to pay the expences of this prosecution for you? - No.

Does any body contribute towards the expence of it? - I have paid the whole of it.

Do Field or Nelson at all contribute to this prosecution? - No Sir, why should they?

Did they at all advise you to this prosecution? - No they did not.

Did you prosecute Aken with a view to convict Mr. Cook only? - No.

Then Field is a lighterman, barge builder, and mends barges; your business there was on the mending of some of your barges, and not on this prosecution? - Yes, not at all.

JOSEPH ARTIS sworn.

Who did you work for in January last? - Mr. William Cook .

Do you know the prisoner Akers? - I have seen him many a time.

Did you see him at all in January last? - Yes, I saw him and one John Clarke come into Mr. Cook's on the 14th of January last, or thereabouts; I saw him and John Clarke in the evening, it might be six or seven o'clock, I cannot tell just to half an hour.

What did you see Akers with? - William Akers had a sack of wheat, John Clarke was walking along side of him.

Where was that? - Walking upon Morris's causeway.

Whereabouts is that? - That is joining to Mr. Cook's yard; close by the yard there is a little bit of a building; Morris's causeway is at Lambeth, close by Mr. Cook's;

he carried it into Mr. Cook's house; Mr. Cook opened the door for him, he and John Clarke went in, and he carried in the sack on his shoulder.

Did you see what was done with that sack of wheat? - Mr. Cook held a sack of his while the other sack was on Mr. Akers' shoulders; and these three put the wheat out of that sack into Mr. Cook's sack, and set it behind the door; other people saw it besides me, whom I can mention. After the wheat was just out of that sack William Akers put it under his arm, and shut the door, and attempted to chuck it into Mr. Cook's loft, and it fell from the loft into the street, and I took it up, and have had it ever since; here is the sack.

Did you know the person of Akers at that time? - Yes I knew him, I had seen him often before that.

Was any thing said by any body in the hearing of Akers at that time about the sack? - That very evening Mr. Cook said to Akers, I heard him say so; I am speaking what I know of my own knowledge, and nothing else he said to Akers, where did the wheat come from, d - n my blood, says he, where did the wheat come from, out of Lyon's barge, says he, d - n my blood, says he, that is right, bring as many as you will, and I will give you half a guinea a sack for them.

Did you see Akers go after this? - He went out of the skiff; into Morris's causeway; young Clarke was then waiting for him in the skiff; I did not see which way they went, whether up or down the e.

Did you see Akers at any other time? - Yes Sir, on the 18th of February; I saw him bring another sack on the 13th of February; the skiff came into Mr. Cook's yard; I saw William Akers bring a sack out of the skiff and put it in the barge's bottom; a new barge that was building on the stocks in Mr. Cook's yard.

Was any body by at that time? - Yes; and I saw John Clarke bring another sack; and he was with Akers, and deposit it under the barge's bottom.

Did you hear any body say any thing on that occasion? - Some of Mr. Cook's men held the candle, but who they were I do not know; I know very well that they were Mr. Cook's men, they were employed by him.

Did Akers or Clarke, in the hearing of Akers say any thing on that occasion? - Akers went in to Mr. Cook as soon as he delivered it; and some time after I heard him say, in the course of a quarter of an hour, Akers was along with Mr. Cook in the road, close by the house.

Did Akers say any thing then, or did Mr. Cook say any thing then to Akers? - Akers then told him he took it out of Lyon's barge, I did not hear any reply.

Mr. Silvester. It was no secret whose barge it came from? - Only Mr. Lyon's barge; that was mentioned publickly and openly, two or three times over.

How came you to begin by saying that you came to speak the truth, and nothing else, how came you to call out whore first? It is an aukward thing when a man's conscience lies in his face and he thinks every body suspects him? - I mean nothing else but to speak the whole truth.

What are you? - I keep a chandler's shop, and sells coals, and that is all at this present time.

What was you before? - I was a sawyer formerly to many persons and before that I was a coach wheeler. I was a sawyer to Mr. Cook.

Did not he discharge you? - No.

What was that dispute about stealing the nails and the stuff? - I never heard any such thing; I took a chandler's shop, and left him freely and willingly; he never charged me with any thing; he and I parted very friendly. Do not you speak more than you know, for I shall not. I do not come here to be brow-beat by any body.

How came you not to lay this information before?

Court. When did you first mention this? - The first information that I laid was at Sir Sampson Wright's, a good while ago.

Do you hear? - Yes.

Why do you not answer the question? - The first information that I laid against this very indictment - I have not the day down particularly, I cannot recollect the time; I am sure I do not recollect the day of the month.

Was it the 15th of January? - No Sir, it was not.

The 16th; you are an honest man I suppose? - No man ever alledged any thing against me.

Then I suppose as an honest man you discovered it in the month of January? - No I did not.

Then I suppose you discovered it in February? - No.

Not even then? - No.

Perhaps in the month of March? - I do not recollect.

Did your honesty rise up for half a year for you to give evidence against this man? - I think it was some time in January; no I am wrong now.

What made you discover it at last? - For the good of my king and country.

Then you kept it a secret for the good of your king and country all January, all February, March, April, May, June and July? - I do not think you are far off the month now. Am I obligated to tell you the time.

Court. Yes you are.

Mr. Silvester. You kept the sack snug all this while? - Yes.

Till when? - Till I was subpoenaed up on the piece of business. I heard of the actions some time standing.

Will you swear, man, when you gave the first information of this upon your oath, and I advise you to take care; do you mean to swear that you laid your information before the magistrate before ever you heard of the action brought by Cook against Barrett? - No.

Will you tell us when it was that you first thought proper to lay this information? - When I was first subpoenaed.

How long was that after the action was brought?

Then you never laid any information till after you was subpoenaed as a witness in these actions? - No.

You do not usually keep sacks of other people's? - I never did before.

You was subpoenaed before August then? - Yes.

These causes stood for trial in July, you know, at Westminster hall? - I was not there.

Why you was seen at Westminster hall? - No Sir.

Will you swear you was not there? - Yes; I was never subpoenaed at Westminster hall, I was to the Old bailey.

When was that? - In the last sessions.

Then am I to understand that you never gave any information till the last sessions? - Yes I did.

What before last sessions? - Yes.

When was it? - Some time before then, I cannot recollect the day.

Do you mean to say you never was examined against either Mr. Cook or Akers till the month of September? - Oh yes! before then long enough; I was examined before Sir Sampson.

And you told the whole then as you have now? - No Sir, quite the contrary.

Yes, but it was about stealing sacks? - Yes, but it was another part of the business; that was another indictment.

Do you mean to say when you was examined before the justice against the prisoner and against Mr. Cook, you told but half your story? - I told nothing of this piece of business, this is quite another piece of business; I was examined as a witness, that was another affair.

Did you charge them with this robbery? - No, not at all.

How came you not to charge them with this robbery at that time? - Because that was since January; it was another piece of business; it was not brought from the same place.

What was the oath you took then before the magistrate; was not it to speak the whole truth against the prisoners? - Yes.

The man was tried in Surry? - Yes.

Was not you examined to all you knew against the prisoner? - No, only to that very fact, that it was about then.

Do you mean to say this, that at that time you had the sack, you knew of this offence, and you never charged him with it before the magistate? - No, Sir, this sack was not concerning that business that I went before Sir Sampson Wright.

How came you not to charge him with it, was it not the same day? - That was the 15th of January in the morning.

How came you not to tell before the justice the whole that passed on the 14th, if it was true? - I know it was the same day, the 14th of January, I do not dispute it.

Will you swear it was not the 14th of January? - No, I will swear it was the 14th of January, of the Albion mills business, in the morning; and the landing was at Morris's causeway.

Now Sir, will you swear that? - I have swore it before Sir Sampson Wright, that that landing was not at Morris's causeway.

Will you swear now, that in your information before the justice, they did not charge this man with bringing a sack to Mr. Cook's on the 14th of January from a skiff, and landing it on Morris's causeway? - No Sir, it was not done so, on my oath; it was not at Morris's causeway.

Or did you discribe yourself standing at the time? - You are sensible I did not take that oath.

Good God of Heaven! where did you describe yourself as standing? - In Mr. Cook's yard.

Then you did not say that you was standing in Morris's causeway? - I was sitting there the same morning.

Did not you describe yourself as standing. at Morris's causeway, when the Albion mills were taken? - I believe you are rather too sharp upon me; I believe you would, if you could; I was down at the causeway, to be sure, when I heard the boat coming up with the wheat, and my curiosity led me to see what was going on, it was in the morning about six, or between five and six.

Will you give an account, will you give some reason to the gentlemen, why, when you was examined against this prisoner, and against Mr. Cooke, for a charge of receiving a sack on the 16th of January, and at the time you had the sack in your custody; why you kept that secret, and laid nothing of it? - It was not a piece of business of that indictment; it was about the Albion mill business.

Will you say this, that you did not charge him with it, because it was not the charge against the prisoner? - It was at Guildford.

Was you the person that brought down the warrant? - No.

You know of his being tried before Lord Loughborough? - I do not know any thing of that; I was in court, and was not called in court; I was before the Grand Jury.

How came you not to prefer the indictment till September; because you had had the sack in your possession ever since January? - I was here last sessions.

Did you ever go before a magistrate and make this charge? - No, never.

Did you ever attempt to prefer your bill, till after his acquittal at Guildford; and that not till September sessions last? - I never was before any justice here.

You was in Surry? - Yes.

You heard this man tried? - I was not close enough to hear what Loughborough said.

Court. I think I understood you to say, that when Clarke and he brought the two sacks on the 13th of February, on Morris's causeway, Akers went into Cooke's house? - Yes.

And each of them put the sack under the bottom of the barge; Clarke and Akers? - Yes Sir, they did indeed.

Then Akers went into Cooke's house? - Yes, they both went in.

And then I think you said, in about a

quarter of an hour, you saw Akers and Cooke together? - Yes.

Then you say, it was, that Akers told Cooke, that the wheat came out of Lyon's barge? - Yes, about a quarter of an hour after.

WILLIAM BERRY sworn.

I am clerk to Calvett's brewhouse; I was at Mr. Lyon's on Thursday last; I saw the prisoner there.

Did you hear the prisoner say any thing on that occasion? - He begged for mercy, and said he would throw himself entirely into the hands of Mr. Lyon; that he hoped he would shew him mercy.

Did he say that he should shew him mercy for? - No, he did not; he said he would throw himself upon Mr. Lyon's mercy; and that old Cooke was a villain; and he was the man that led him into the error; that was all I heard him say.

Before he said that, had Mr. Lyon said any thing to him to induce him to talk in that way? - Not any thing at all.

Mr. Garrow. That old Cooke had led him into the error? - Similar to that.

How came you there? - I was there by accident; I am very intimate with Mr. Lyon.

Do you know the name of Nelson or Field? - I do not.

Was you desired particularly to attend to the conversation? - I was not.

I believe the prisoner came there with one of his bail? - Yes.

Your friend Lyon had paid the expences of one of the bail? - I do not know.

I am very sorry the brewhouse should be deprived of your services, they must be very important, I will not detain you any longer? - You are very obliging; I wish you a good night.

JOHN CLARKE sworn.

Mr. Knowlys. You have been a very had man I understand; and have been concerned in some very bad deeds? - Yes, I own that.

Though you have been a bad man, tell the truth, and all the truth, and nothing but the truth, on this occasion? - Yes, Sir, I will; the first time I ever went along with this said man, with Akers, the latter end of last August was a twelve month; and on the 14th of January last, the said William Akers and I took a sack from Mr. Lyon's barge; and we carried it up to Morris's causeway; I helped him with it; I saw a man standing against the wall; says I, there is a man stands to watch us; says he never you mind that; Cooke opened the door, in we went; Cooke held up the sack; Akers shot it into the other sack; I helped it up behind; after that, he gave me a glass of Hollands; and I was ordered out of the house directly into the public house.

Whose sack, and whose corn was that? - Mr. Ashby's; it was in Mr. Lyon's barge, at Paul's wharf in London: The next time, was the 13th of February; we took a sack of malt from Mr. Lyon's barge; and a sack from Mr. Randall's barge; both together; we took it to Mr. Cooke's; Akers and me; I stepped in the water, and he heaved; one of the men took hold of my shoulder and helped me up; the barge was building on Mr. Cooke's premises; I am sure Akers was the man that did it.

Mr. Silvester. Well, Sir, why they say you are a very bad man? - Yes, it is to be hoped this will be a great warning to me.

When did you first begin to repent, do you recollect the day? - (No answer.)

You stole the sack, you say, that is clear? - I lent a hand to it.

When did you give information of this? - In July, before the alderman; I was examined before that, before the justice in in Bow-street.

Did you tell the justice, in Bow-street, all this story? - I was not taken up; I came forwards myself; I told him the whole story from beginning to ending.

You mean to swear, that you gave the

same account about this sack, in Bow-street, that you do now? - Not as to particulars.

Did you give the whole account of all your iniquity in Bow-street? - Yes.

And you mean to swear that positively? - Not the account of all.

Will you swear, that you said one syllable about stealing this sack from Mr. Lyon's barge before the justice, in Bow-street? - No, I did not mention it.

Then how came you to tell me that you told the whole transaction of all your rogueries? - I told him every thing.

Did you include this? - Yes, I did, bebefore Sir Sampson.

Court. You have said both ways, be careful what you say; which is truth? - He asked me where I most of all took them from, and I said some times from Lyons's barge, and some times from Bayly's barge.

Did you or not, at Bow-street, say any thing about robbing Mr. Lyon's barge at all? - I said some times from one barge, and somes from another.

Did you mention Mr. Lyon's barge? - I said some times from Mr. Lyon's barge, and some times from John Bayley 's.

Did you at all mention Mr. Lyon's name during your examination? - I am not rightly sure.

Upon your oath, in that examination before Sir Sampson, did you once name Mr. Lyon's name at all; and I give you a caution, I have your examination here? - I cannot say, because it is some time back.

Court. Stand down, stand down.

Mr. Fielding. Go and mend your manners.

Mr. Garrow. No, that is impossible.

Court to Artis. Where was you last Thursday? - I do not recollect where I was last Thursday.

Did you see Mr. Lyon last Thursday? - Let me recollect a minute, if you please.

Do so, take your time? - I was here, at the Old Bailey, some part of last Thursday.

What part of the day? - I was here by twelve o'clock, and most part of the day.

How soon do you think in the forenoon you was here? - I cannot tell to an hour.

Recollect as near as you can? - I think I came here about ten.

Did you see Mr. Lyon here? - Mr. Lyon was here then; I saw him last Thursday; I cannot recollect what time I saw him; I was here backwards and forwards to the house that we use.

Court to Clarke. Where was you last Thursday? - I was down here about nine, or between nine and ten at the furthest.

Did you see Mr. Lyon that morning? - Yes.

Court to Mr. Shelton. What time did Mr. Cooke's trial come on? - It was past three.

Court to Lyon. What is the reason you moved to put off the trial of Cooke, and gave no evidence against him on Thursday last? - Because the two witnesses were out of the way.

What two witnesses? - One Culloon and Ivey; and another thing, the prisoner was on the road coming up.

Why did not you proceed against Cooke, upon your own evidence, and that of the two witnesses that have been examined? - I thought I had not witnesses sufficient without Ivey and Culloon; it was he that gave evidence before alderman Curtis; he was taken by Pedley: The prisoner called three witnesses, who gave him a very good character; one of whom was Mr. Goodhawk, to whom the prisoner had lived servant four or five years.

THOMAS PEDLEY sworn.

I was one of the prisoner's bail; I have known him ten or a dozen years; he was always a very hard working honest man; I should not have bailed him, unless I thought so; I went into the country to bring him to London, from Winchester, at Mr. Lyon's expence; nobody went but myself; and I brought him to London.

Was any thing said to this man to induce

him to say any thing about this business? - When I came to London, I went to Mr. Lyon's; Mr. Lyon said we were come too late, Mr. Cooke was cleared; and that he might come to morrow at three o'clock, to surrender himself to the bail; he would likewise be acquitted; the prisoner was with me at Mr. Lyon's house at the time; nothing more passed till the next morning; I came away, understanding to surrender him the next day.

Did Mr. Lyon say, whether he should appear, or give any evidence against him? - No, the next morning I took him down to Mr. Lyon's house; I took him first over to one Mr. Field, who is a little concerned in this matter; Mr. Field did not care much to see him; I took him to Mr. Lyon, and told Mr. Lyon that I thought it was a hardship to bring him up so far after the promises we had made; the promises were, if he would come forth against Mr. Cooke, Mr. Lyon would do all in his power to clear him; these promises were made me, before I went into the country; I had three guineas the last time, and six guineas before.

Who furnished you with the money? - Mr. James Lyon.

Did you go to the prisoner before? - I went to Poole, in Dorsetshire; but I did not find the prisoner; when I brought him, it was express under that promise of Mr. Lyon's; I carried him to Mr. Lyon the next morning, which was Friday morning; I took him to Mr. Lyon, and another person of the name of Booth; and Lyon and Booth went to Counsellor Chetwood 's.

Where was that? - At his own house, the other side of the water, somewhere by Union-hall, in the Borough.

How came you to go to that gentleman? - We went with the prosecutor, to consult on the best manner of acquitting the prisoner at the bar; the words between Mr. Lyon and him, were, whether he could not come into court without any evidence against him, and then be acquitted, in order to come and be an evidence against Cooke, in another indictment.

What was the answer to that question? - Mr. Lyon came out, and said to me, they were to meet at the Rummer, on Labour-in-vain hill; and there he was to consult about the business; that he was to come into court, and have no witness about him: we went to Mr. Field's, with Mr. Lyon, to acquaint him of the consultation; he damned Mr. Chetwood, and said he had been robbing of him, and putting his hand into his pocket, and taking his money from him; and he would have the advice of Mr. Fielding; we went away from there, and expected to meet them at four, according to their appointment; at eleven Mr. Field came over to my house, and brought Mr. Lloyd's assistant; they insisted on having the prisoner; I told them that Mr. Chetwood their own counsel, had given me to the last day of the sessions, to surrender him; I said I would surrender him at three o'clock, which I did:

Is Mr. Lyon the man you have been speaking of? - That is the man, I swear positively.

Mr. Knowlys. Was the prisoner in any employment at Poole? - Yes, in the dock, and received wages.

Do not you know that the prisoner went out of town, entirely to prevent his being taken on this indictment? - I cannot say how he went out of town.

Did he never say so to you?

Mr. Garrow. I say that is a most - I will not trust myself to say what it is, it is a question that never was put to the bail of any man.

Mr. Knowlys. Have you never said to any body that the prisoner was kept out of the way, and supported by Cooke, to prevent his trial on this indictment? - I never said so.

Will you be positive you never said so to any body? - I am only saying I supposed it to be so; I could not have any other thought, when the man did not come on his trial.

Did you ever say so to any person, that you believed the man was kept out of the

way by Cooke? - It is very likely I may have said so.

Court to Lyons. Upon your oath was you with this man at Mr. Chetwood's and Mr. Field's? - Yes.

Did you say that they came too late, that Cooke was acquitted? - I never said so; he swore he would be d - d if he did not keep him till the last day, and surrender him; the man begged for mercy, I told him I could not say any thing about mercy, he must take his trial.

What did you go to Mr. Chetwood's for? - To get his opinion about this man's coming.

Mr. Knowlys. Then the application about this man, the evidence, came from Pedley? - Yes.

Will you swear that? - Yes; I gave the money to bring him up.

Court to Pedley. Is it true that you applied to the prosecutor to admit the prisoner a witness against Cooke? - No Sir.

Mr. Garrow to Lyon. Did not you, after this conversation, go to Mr. Fielding? - Yes we did.

Did not you appoint four o'clock to meet him, at the Rummer? - We did at first, but we contradicted it.

NOT GUILTY .

As soon as the verdict was given Mr. Chetwood thus addressed the court.

My Lord, I would not trouble you till the verdict was given, but I beg leave now to observe, that Mr. Lyon and Pedley, and the witness, called at my house on Saturday morning, the purport of their business was, knowing that I was a friend and acquaintance of Mr. Lyon, he had told me that he should be ruined by this recognizance he had entered into, and that he was sent out of the way: Mr. Lyon upon that, and to save his recognizance, and to bring back the prisoner, I believe, supplied him with money. Last Monday morning Mr. Lyon and Pedley came to my house to take my advice: Pedley there proposed to me that if it would be of service, for he said, though I have been bail for him, it cannot be imagined that I would go from one end of the kingdom to another to bring a man to be transported; no says he: he swore he would not. Is it possible, says he, to make Akers (for I have him in my custody) a witness against Cooke? It is impossible, says I, he has been before the Grand Jury. Then, says Mr. Pedley, I will be d - d if he shall be surrendered, for it shall never be said that I coaxed him to London to transport him. It was then mentioned, that as I think one Wilson had been concerned in this robbery, was it not possible to indict Wilson, and make Akers an evidence against him? No; says I, no such thing can be done; no tricks can be played in a court of justice. Mr. Lyon said I, I have nothing to do with it, I am to try to bring these people before the court. Pedley said, can you devise any way in the world that Akers can be made an evidence? Says I, there is no such thing as doing it. Sir, says he, would the court acquit him if he was to come to the bar and acknowledge his guilt, and charge Cooke? I said, God forbid any such thing should be done. This was the conversation with me, whether by any possibility Akers could be made evidence against any body else, as Pedley swore he should not be transported, as he had brought him to town.

Court. Mr. Chetwood has done very right in coming forward, as his name has been publickly mentioned; and I must say he has done very right also in mentioning this at a time when it could not affect the the prisoner.

Mr. Chetwood. I waited till the trial was over, my Lord, for it would not have become a man that had been consulted and concerned to say any thing pending the trial: there is Mr. Pedley, he knows what I have said to be true.

Court to Jury. There is one circumstance in this cause; there has been too much of mystery and management in the conduct of the prosecution, too much seeming connection with other business, which had nothing to do with the administration of

justice here: the effect that has produced on your minds has been, you have taken the cautious line, and if the prisoner is guilty, the prosecutor must thank himself.

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17881022-77

684. EDWARD TROUGH was indicted for unlawfully making an assault on John Felton , acting in the aid and assistance of Thomas Bradley, an officer of excise , and being employed in the execution of his office and duty, in taking 20 gallons of Brandy, 20 gallons of Rum, and 20 gallons of Geneva, then being liable to be seized by the said Thomas Bradley , as such officer, and unlawfully and forcibly hindering, opposing, and obstructing him in the execution of his office and duty .

A second count, laid different ways.

(The indictment opened by Mr. Garrow, and the case by Mr. Attorney General.)

THOMAS BRADLEY sworn.

I am mate of the eagle cutter belonging to the excise, I have a commission from the excise.

Who is John Felton ? - He was a boatman belonging to me. On the 31st of January last I received an information of a parcel of goods (I was at Plymouth ) being deposited at several houses at Kingston, which is in the parish of Machin, close by Causham: they were Rum, Gin and Brandy, smuggled goods, that had been landed the night before. I went and got a warrant from justice Vyvyan to search the house of George Prouse , and several others. I went to George Prouse 's house and made a seizure of 60 anchors of Rum, Gin and Brandy. An anchor contains about 9 gallons, on an average.

Did you taste them? - Yes, before I made the seizure. After I opened the door I found some Rum, Gin and Brandy; I took part of them across the way to the house of Jones, the publican, for security, as I had no boat to carry them away: I had seized the whole 60 anchors.

What happened? - There was a large mob surrounded the door, and made a line for our people to come through, across from Jones's house to Prouse's, where I was: I stood at the door putting the broad arrow on them, and handing the casks to our people, to carry them across to Jones's; the prisoner at the bar was among the mob standing at the door; he was using a good deal of ill language; he said hold of one of the casks and was carrying it off. I am positive he is the man. I secured the keg and took it from him again; I presented a pistol to him, and told him if he did not put the keg down I would shoot him; he let it drop to stave it, I caught it by the slings to save the fall, and it was not staved; I then told him not to meddle with any more, for if he did I should shoot him. He did not attempt any thing more then till all the kegs were out of the cellar. When they were all out, one of my people called to me to come in to see that they were all out of the cellar: I went in to the passage, and left my assistant, John Felton , as a guard to them: I went in and saw they were all gone, and I heard Felton call me by name; I ran out and found Felton gone, and the three casks gone; I came out in the street and found the mob had dispersed two different ways, one up the hill and the other down: I found the mob had got hold of Felton, and was carrying off these three kegs, and I mustered all the men I could to rescue them; I found him at the top of a

hill, with a vast number of people stoning him, and heaving glass bottles at him, and many people trying to lay hold of him, and he presenting his pistol to defend himself as well as he could: they have stones at us, as well as at him: we rescued him and carried him away to the house of Jones. The stones were five or six pounds weight, some more and some less. We secured him in a small parlour; then the mob came and demanded him of me: they desired me to turn him out that they might kill him; they called him an informing rascal; I told them they could not expect any such thing while I was alive; and they said they would have him dead or alive. I was kept in that situation 4 hours. When they found they could not get him by fair means from me they knocked all the windows, front and back, in upon us: I saw the prisoner then at the window; when I could look round I could see him in the mob with the rest of them.

What distance was he from the window? - Sometimes five or 6 foot, sometimes close: I did not see him heave any thing then, my attention was chiefly taken up at the door: I did not hear him say any thing; I was guarding the door. They kept us in that situation till I got help from the Custom-house, then we sallied out and carried him on board a vessel; I searched the other houses the next day: I could not search them then because my people that I had left to guard them houses were obliged to come down to join him.

Then you could not execute the duty you came about? - No Sir, by no means.

Did Felton receive any blow that you know of? - He certainly must, because I know his leg was bruised, and he could not walk some time afterwards: I received a blow with a large stone: I believe that was principally the object that was meant, to obstruct us while they carried off the goods.

Court. You say you saw the prisoner taking one of the anchors, and afterwards about five or six feet from the window: did you see him at any other time? - I saw him when I came out of the house among the mob.

JOHN FELTON sworn.

I am in the service of Mr. Bradley: on the 31st of January I went with him to the house of Proose; I assisted: he made a seizure there of sixty anchors: three of these anchors were left under my care. I know the prisoner, his name is Edward Trough; I saw him at that time; he stood in the mob some time, then he took hold of one of the kegs that was in my custody, and was going away with it, and Mr. Bradley told him to lay down the kegs or else he would shoot him: he was going to heave it down, Bradley caught, hold of it to save it from staving, and he let go: and when Mr. Bradley caught the keg he opened his bosom, and said d - n you, you b - r, fire now: he continued abusing all the time.

Were there any other persons assembling about him? - Yes, a great number; there might be a hundred or more, collecting all round as a mob: the man called down to Bradley to see that there was no more kegs in the cellar: he went down: I was still inside, with one keg between my legs: and these two kegs were without the door; the prisoner took one off Mr. Bradley's shoulders and put on John Abbott 's shoulders: that keg was taken away by him: then the mob rushed in upon me, and John Snell took the keg I had between my legs, and I ran up the stairs and out of the door, and I ran to the assistance of two more people, where there was more liquors, and some followed me, heaving stores and glass bottles at me.

Among these people that were following you, and obstructing you, did you see the prisoner? - No, not at that place; when first I saw him again, it was at Jones's, a public house; I saw him with a great stick in his hand, threatening what he would do to me, if he could catch me; that was after I had been rescued from the mob; the rest of the boats crew and Bradley rescued me; he had the stick up in his hand, and was moving it backwards and forwards; says he, I will have the b - r out; if I catch him out, I will cut him in pieces; that

I am very sure was said by the prisoner; he came to the window, and hallooed to me, and said, you b - r, I will have you out; I saw him all the time in the mob; now and then he came into the entry, and tried to rush into the parlour; he was very active in the mob; I continued about four hours in the parlour of Jones's house; the noise, and mob, and tumult, continued all that time, and was more increased; nothing more happened, that I observed from the prisoner, we got more assistance from the Custom-house; and got on board a Custom-house cutter.

Was you hurt, in consequence of this? - Yes, I was hurt in the leg; and all my arm was quite black, by the stones that they have; I did not see this man heave any stones.

JOHN NETHERTON sworn.

I saw the prisoner in the mob all the time I was in this parlour at Jones's; I did not see him doing any; but he kept on b - ing his eyes, that he would have Felton out dead or alive; the officers were at that time in the parlour, and Felton; the mob wanted to get Felton out; the prisoner kept using these expressions, that he would have him dead or alive; I saw him coming between the people, with his stick in his right hand, to come nigh to Felton, when Felton was in the parlour; I am sure he is the man, he was close by me all the time; I saw the stick, and I asked him what he was going to do with that stick? and he said he was going to strike Felton with it; I took hold of his stick, and he went to wrench it out of my hand; I am very sure he is the man.

PRISONER's DEFENCE.

I was an invalid from the Royal Hospital, the day before, here is my ticket; I went to Jones's to have a glass of beer; I never saw Felton in my life before; I never owed the man any ill will or spleen; the stick I had, was to protect myself, being lame; I am far from home; I have no friends here.

GUILTY .

Imprisoned Three years .

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

The said Edward Trough was again indicted in like manner, for assaulting Thomas Bradley ; and there being no evidence, he was ACQUITTED .

Reference Number: t17881022-78

685. JAMES FRESHFIELD and HENRY WILSON were indicted for that they, being constables of our lord the king, did apprehend and take one William Cole , for being a rogue and vagabond; and they together with one William Forsyth , had him in their custody; and so having him in their custody, ought to have carried and conveyed him to one of the prisons of our lord the king, there to be kept, till he could be carried and conveyed before one of the justices of the king. - Nevertheless, they being such constables, and not regarding the duty of their office, unlawfully, and unjustly did, demand and receive, of and from John Marriott , ten pounds ten shillings; and permit him to go at large, to the great hindrance of justice, and against the peace .

A second count. For unlawfully making an assault upon him, and unlawfully, without his consent, or any legal warrant, imprisoning him, and detaining him for two hours, till one John Marriott made a compensation, and gave them ten pounds ten shillings .

A third count. For unlawfully imprisoning him, without any legal warrant, or justifiable cause, against his will.

A fourth count. For a common assault only.

Prisoner Freshfield. With submission to the court, I submit; I am not that kind of constable, as the indictment seems to indicate; I am a substitute, and am not

inrolled; and it is not said what kind of constable I am.

The Case opened by Mr. Knowlys.

EDWARD BOXLEY sworn.

I know the defendants, Freshfield and Wilson by name, and not otherwise: on Wit-Monday the prisoners were both sworn in constables, Freshfield is deputy constable to Thomas Hughes ; and the other is extra constable for the ward of Cripplegate Within.

WILLIAM COLE sworn.

I was taken into custody by four persons; one's name is Freshfield, another Foresyth, another Wilson, and the other Newman; it was the 11th of February, between six and seven o'clock in the evening, as nearly as I can recollect; they produced no warrant; they charged me for acting as a clerk in a lottery office, contrary to an act of parliament.

Do you recollect who spoke - ? - I believe Foresyth spoke; they were altogether.

Did they take you before any magistrate? - No, Sir, the door was fastened in the room; and I was detained about an hour and a half; and after I was detained about an hour and a half, I was liberated; but what passed I do not know; there was no particular conversation; there was a pot of porter sent for; the door was opened frequently by Freshfield; he went out and in, so did Foresyth.

Prisoner Freshfield. Is your name Cole, or Cox? - Cole.

Did you never tell Thomas Hardman , that the name you went by, was not your real name? - Upon my oath, I never told him my name was any thing else but Cole.

What name did he go by? - Hardman.

He did not go by a nick name? - Upon my oath, I never went by any other name; I did not write the name of Cox, in my book.

Did not some of you beg of us to keep the door shut, from the multitude of people that came demanding of money? - I swear that Hardman desired the door to be shut, on purpose that he might not be exposed.

Court to Cole. Was you at liberty to depart during that time? - No, I was not.

Mr. Schoen, Prisoner's Counsel. Freshfield came afterwards? - I really cannot tell which came into the room first, I was so intimidated; I do not know there were four came in.

How many more than four? - There were no more than four, except Hardman and me, after the room was cleared; there were a great many people in the office; and then we were turned out; I cannot recollect who came in first; they might be all in the room before I saw one of them; being such a multitude of people; I never saw Freshfield before to my knowledge.

- MARRIOTT sworn.

I am employed at the assay office; I was informed that Cole was in custody; I went to the office immediately; there were about two hundred people about the door, and a coach waiting; I could not get admittance; this office was up one pair of stairs; I came, and the door was locked; I got in through the other house, and went up stairs; I knocked at the door where the officer and the clerks were confined; the door was opened of a jar, and I saw Mr. Foresyth, and one Mr. Newman, and Mr. Freshfield; Foresyth I understand is since dead; I did not see Wilson at first; I have known Freshfield a great while, and desired to speak with him; there was Mr. Cole, and Mr. Hardman; I was not admitted into the room the whole time; I particularly requested Freshfield; I told him I had a friend and a relation of mine, in custody, in that room where he was; I told him he had lived well in his life time; and had been in better employ, and I was very sorry to find him in that situation; I asked Mr. Freshfield what could be done? he told me he was only coming by; he had nothing to do with it; here were three constables; if he could render me any service he would

do it; nothing else passed; he went immediately into the room where the prisoners were confined; he came out soon afterwards, and returned for answer, that they would take ten guineas to discharge the prisoner; that he had consulted them; and they would settle it for ten guineas; I brought eight guineas, and gave it to Mr. Freshfield, and desired him to see if that would not do for their releasement; Mr. Freshfield went into the room again, and staid some time; he returned again seemingly angry; and said that they would not take less than the ten guineas; and that I had much better get the other two guineas, for they would not take less; I gave him the other two guineas; he went to the other constable again; and in a short time he returned with Mr. Foresyth and Mr. Newman, into the other room; I then went into the other room; they brought a tankard of porter into the room, and asked me to drink; he said every thing was settled; I then went into the other room, where the prisoner was; then I saw Mr. Wilson, never till then; Mr. Foresyth came into the room, and followed me; and immediately says to Wilson, lay down them papers and books that you have, and come along with me, every thing is settled; there is nothing to prove; we can prove nothing.

Who else was in the room? - One Mr. Hardman, four constables, and Cole; not till the business was entirely over.

Did you hear from any one of these constables, what their charge against Cole was? - I did not hear any particular charge, any further than that he was detained as a rogue and vagabond; the first that came out to me was Newman; and Freshfield told me he was detained for doing business contrary to act of parliament; that the officers had three or four in custody; he had nothing to do with it himself he said; there was no appearance of any riot or disturbance in this room, every thing was very quiet.

Mr. Schoen. Freshfield told you he was coming by, by accident? - He did.

You looked upon him as a mediator? - I did.

It was Foresyth asked you to drink, and said, lay the papers down? - That was addressed by Foresyth to Wilson; Wilson had some papers.

Freshfield. Did any body binder your going into the room, do you recollect? - I do not know that they did.

Did I desire you to get the other two guineas? - You appeared very angry with them, that they would not take the eight guineas.

You have known me for years? - Yes.

What Character did you look upon me to have? - A very good one; I never knew any thing of him, I have known him for years.

Did not Cole go by the name of Cox? - I believe he might in the office.

JOHN CHEESEWRIGHT sworn.

I knew Mr. Cole by sight, I knew Marriott. On the 21st of February last I was in Aldersgate-street, and saw a mob of people about a lottery office; I went up stairs into the one pair of stairs room, the door was upon the jar, and Freshfield stood at the door with the door in his hand; I pushed into the room, there I saw Freshfield; I recollect Newman and Foresyth; I did not take Notice of Wilson: I asked what was the matter, and was informed there was an information against the office; I think it was Newman that told me; it was in the hearing of the others; I was then going out at the door, and Freshfield stopped me, and asked me if I belonged to the office, I told him no; and he turned about and asked Newman if he knew me, and he replied that he knew me by sight; accordingly Freshfield let me out: he stood with the door in his hand, and locked the door and opened it: after that I went down stairs, and I saw Mr. Marriott; I came up stairs and I saw him behind Mr. Freshfield in the back room, and I endeavoured to hear what they said, as I concluded they were going to make it up; but I saw that Freshfield avoided me as much

as possible: Marriott went down stairs and left me and Freshfield in the room together; I went up to hear how it was to be settled; I went into the room, but I could not hear the particulars of what they said: Freshfield told me he was very sorry to come there on such business, but that the other officers met him and obliged him to go with them; and he said he thought it was better to make it up than let the young man go to gaol, for he said the person who gave the information had a policy, and could swear to it.

You are sure Freshfield said that? - I am: after that Mr. Marriott came up and gave him eight guineas, which I saw and heard: Mr. Marriott, in the presence of Freshfield, asked me to lend him two guineas, I told him I had not so much money, and he went down stairs and brought up four half guineas, and I saw them deliver up a parcel of papers and books, and things.

Did you see where the officers went afterwards; - They went down stairs, I did not see them after I left the office.

Did you see who delivered up the papers? - Newman delivered up some papers, and I believe Foresyth did, but I cannot positively say to him.

Mr. Schoen to Boxley. I understood you that you did not know the persons of these two men? - I cannot say I know their persons, there were two hundred sworn that day, and two men of that name appear, by my minutes, to be sworn that day.

To Cheesewright. You went of course into the front room; has it a door leading to the back room? - It has not; Freshfield was sitting inside the fore-room, and the door in his hand; I endeavoured to hear what they said but could not.

And you give us this reason for it, that Freshfield purposely avoided you. - It seemed so.

Then how do you account for this, that the very man who avoided you before should come up to you and say as you have said? - I cannot account for it, but so it was.

You are landlord of this house? - No Sir; I did not let the first floor, it was let out, but unknown to me; I formerly, before Christmas, lived in these apartments; the man of the house had his goods seized on, and I moved out; I supposed I was to pay for the quarter though I did not reside in the rooms; but while I was gone to my new apartments the landlord of the house let them to the lottery office, without my consent.

In what situation are you now? - I am a master taylor.

I believe you was clerk to Blackburn, who kept one of the insurance offices? - Not at that time.

When might it happen to you to be so?

Court. You are not required to answer any thing respecting yourself after the month of March last.

For a few days before March last; I have acted so for an acquaintance, but I had no emolument for it.

JOHN FLETCHER sworn.

I was going by the office when they were there; after I had been there a quarter of an hour I saw Freshfield; he was there I suppose settling the business; I saw Wilson there, I did not see him do any thing there.

Prisoner Wilson. I wish to ask Mr. Cole whether any person all the time came near me, or whether any thing was mentioned of me during the whole time I was there.

Court to Cole. You was in the room all the time with these constables? - Yes.

I think you say that Freshfield and Foresyth went out at different times? - They did so.

The question is this, whether when Freshfield particularly came in, or Forsyth, they held any conversation with Wilson respecting any money? - I did not hear that any money did pass till afterwards.

Prisoner Wilson. Can you recollect that I went out of the room at all? - He never was out out of the room at all.

Do not you remember when Forsyth came in and gave me charge of the two prisoners? - I cannot positively say to that.

Did they take Wilson into any part of

the room out of your hearing, so as to hold in private a conference? - I cannot recollect that they did.

Court. What is become of Newman? - He was not a constable at that time.

Court. This is a question which a good deal imports the public, and therefore I shall send for Newman.

- NEWMAN sworn.

Give me a true answer; You, I understand, was one of the persons who went to the lottery office to apprehend the clerks of the office? - Yes, I went under the command of Forsyth.

Who went with you? - Foresyth, Wilson, and Freshfield.

Freshfield. Did I go along with you? - I did not see him go in with us, he went with us to the house as one of the officers.

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

JAMES FRESHFIELD GUILTY .

Fined 5 l. and imprisoned six months in Wood-street compter .

HENRY WILSON GUILTY .

Fined 20 s. and imprisoned three months in the same place .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17881022-79

686. MARY HARRIS was indicted for uttering a counterfeit half crown as a good one ; there being no evidence she was ACQUITTED .

Reference Number: t17881022-80

687. JOHN FROST was indicted, for willful and corrupt perjury .

NOT GUILTY .

There was no evidence produced.

Reference Number: t17881022-81

688. JOHN RAY was indicted for the same offence .

NOT GUILTY .

Reference Number: t17881022-82

689. JOHN HILDITCH was indicted for the same offence .

NOT GUILTY .

There was no evidence produced.

Reference Number: t17881022-83

690. WILLIAM PHIPPS was indicted for the like offence .

The prosecutor not appearing he was ACQUITTED .

Reference Number: t17881022-84

691. WILLIAM BRUCE was indicted for defrauding Thomas Harris , of 2 hampers, 2 casks and 8 gallons of red Port; and 5 gallons of Lisbon; and other wines, his property .

NOT GUILTY .

All the above tried by the London Jury before Mr. RECORDER.

Reference Number: t17881022-85

692. JOHN RAWLINS and BENJAMIN EGARS were indicted for, that they, together with John Smart, and several other persons, being Smith's, did conspire to diminish one hour from their usual hours of labour; to the great damage and oppression of Aaron Hale , their master .

BOTH GUILTY .

Sentence respited .

Reference Number: t17881022-86

693. WILLIAM EARL , HENRY ALDERMAN , and EDWARD BEVAN , were indicted for a conspiracy ; to which they pleaded

ALL THREE GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: o17881022-1

In the course of the session, Andrew Redman , who had been convicted at a former session of receiving goods

"knowing the same to have stolen", and whose case upon that error in the indictment was reserved for the opinion of the Judges, was set to the bar, and informed by Mr. Justice Heath; that upon mature consideration, the Judges were of opinion, that the indictment might be supported by setting aside as, insensible, the words that obstruct the sense, which are the words, to have, and then the indictment would run thus,

"knowing the same stolen, taken and carried away". - The prisoner accordingly received sentence to be transported for fourteen years ; his conviction.

Reference Number: s17881022-1

The Trials being ended, the Court proceeded to pass Sentence as follows:

Received Sentence of Death, 9, viz.

William Richardson , otherwise Jones, Tho. Edwards , William Collard , Joshua Softley , George Scamp , John Pace , R. Jones, Charles Messenger , and Treadway Pocock.

Reference Number: s17881022-1

In the course of the session, Andrew Redman , who had been convicted at a former session of receiving goods

"knowing the same to have stolen", and whose case upon that error in the indictment was reserved for the opinion of the Judges, was set to the bar, and informed by Mr. Justice Heath; that upon mature consideration, the Judges were of opinion, that the indictment might be supported by setting aside as, insensible, the words that obstruct the sense, which are the words, to have, and then the indictment would run thus,

"knowing the same stolen, taken and carried away". - The prisoner accordingly received sentence to be transported for fourteen years ; his conviction.

To be transported for seven years, (25) viz.

William Young , Ed. Johnson , Stanier Weston, Benjamin Pate , Thomas Tucker , Joseph Gardener , James Brown , Elizabeth Metcalf , Thomas Gregory , John Robins , Thomas Fullwell , Charles Macey , James Robinson , John Martin , Samuel Free , Thomas Miller , James Donalson , George Bird, Richard Wild , John Kelly , alias Henderson, Mich. Donally, Amelia Harding , William Bennett , Nicholas M'Namara, John Bennett .

To be imprisoned for three years, 1, viz.

Edward Trough .

To be imprisoned for twelve months, 1, viz.

Elizabeth Underhill .

To be whipped, 7, viz.

Nathan Sarman , James Akery , Daniel Sewell , George Dearing , Daniel Harrison , James Blake , William Litton .

Reference Number: a17881022-1

Mr. HODGSON

RESPECTFULLY returns his most grateful Thanks to his Employers and Pupils, for the Preference they have thought proper to give to his Mode of teaching and writing SHORT HAND, which he flatters himself is at once as concise and correct as any other System; he continues teaching in four Hours, by four Lessons, the whole necessary instructions in this much approved Art. He also takes Trials and Arguments with the utmost Care, which are copied so expeditiously as to be sent home the same Evening, if required.

A new Edition of HODGSON'S TREATISE ON SHORT-HAND, which is a sufficient Instructor of itself, is just reprinted, Price Eighteen pence; also his Publication, entitled,

"SHORT-HAND CONTRACTIONS, adapted to every System of ShortHand;

"to which are added, a Comparative Table of Short-Hand Alphabets, and

"two Extracts by way of Specimen, with two Copper-plates annexed," Price 2 s. 6 d. Sold by J. Walmsley, Chancery-lane, and also by Bladon, Matthews, Bell, Brown, Clarke, Egerton, Fourdrinier, and all the Booksellers.

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The Monthly Review for August, thus notices the above Trial

"The Reviewer

"is much obliged to Mr. Hodgson for making his Title Page so full and circumstantial

"that it requires nothing to be added, except our acknowledgment of the

"care and accuracy, with which he appears to have given this Trial to the Public."


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