Old Bailey Proceedings, 10th December 1788.
Reference Number: 17881210
Reference Number: f17881210-1

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex, HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 10th of DECEMBER, 1788, and the following Days;

Being the FIRST SESSION in the Mayoralty of The Right Honourable William Gill , LORD MAYOR OF THE CITY OF LONDON.

TAKEN IN SHORT-HAND BY E. HODGSON, PROFESSOR OF SHORT-HAND; And Published by Authority.

NUMBER I. 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 WILLIAM GILL , LORD MAYOR of the City of London; the Honourable Sir JOHN WILSON, one of the Justices of his Majesty's Court of Common Pleas; JAMES ADAIR , Serjeant at Law, Recorder of the said City; JOHN WILLIAM ROSE, Esq; and others his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Gaol Delivery of Newgate, holden for the said City and County of Middlesex.

First Middlesex Jury.

Edward Berry

Thomas Wallis

Lewis Gillies

Edward Gwinn

William Pemberton

Felix Gillart

Joseph Corbin

Theophilus Thornton

William Eusden

Andrew Shabner

William Clement

William Bigg .

Second Middlesex Jury.

Geo. Cha. Dalmaine

John Forbes

Thomas Harrison

Thomas Wilkinson

Moses Lancy

Robert Sinclair

Thomas Paget

John Stephens

Isaa Frome

William Bunce

William Walker *

* N. B. One of the second Middlesex Jury, ( William Walker ) objected to being sworn, by kissing the book, being a member of the Kirk of Scotland, but offered to take the oath by holding up his hand; the court said there was no objection to his being sworn in that manner, and he was accordingly so sworn.

Samuel Askwith .

London Jury.

Nathaniel Child

John Carruthers

Thomas Wilcox

John Vaston *

* James Sutherland attended the second day in the room of John Vaston .

Thomas Wilson

William Hendrie

John Bride

Robert Garwood

Thomas White

George Gilpin *

George Cattle *

James Hammond . *

* William Prior , Samuel Tompkins , and George Abrahams , attended the 6th day in the room of George Gilpin , George Cattle , and James Hammond .

Reference Number: t17881210-1

1. ANDREW MANSELLER was indicted for burglariously and feloniously breaking and entering the dwelling house of James Admun , about the hour of twelve in the night, on the 11th day of November last, and burglariously stealing therein, five pair of Mocoa sleeve buttons, value 5 d. twenty-nine shirt pins,

value 6 d. three stone ditto, value 6 d. a spying glass, value 6 d. three pair of stone ear-rings, value 1 s. eight metal shirt buttons, value 1 d. five metal watch trinkets, value 6 d. a breast buckle, value 1 d. three paper snuff boxes, value 1 s. thirteen gilt pinchbeck rings, value 1 s. a tortoise-shell snuff-box, value 1 s. a dimity waistcoat, value 6 d. a Bath beaver great coat, value 2 s. two cloth coats, value 2 s. a pair of corduroy breeches, value 10 s. six pair of shoes, value 15 s. a pair of cotton stockings, value 6 d. three linen table cloths, value 10 s. an oil skin umbrella, value 5 s. and one pair of stone shoe buckles, value 5 s. his property .

JAMES ADMUN sworn.

My house was broke open the 11th of November; I live in Rupert-street; I was out all night; I came home in the morning; the weather being so damp, and the bottom of the house being bricks, I thought it unwholesome to be there; and I took another lodging; nobody was in the house but myself.

Did you follow any business? - Yes, I kept a sort of cloaths shop in Rupert-street ; I had slept there a few days before; I went there in the morning between eight and nine, and I saw the door was pulled to, and the padlock broke off, and inside the door; I had locked it on the outside; the hasp was taken out, and off; it was my home, because I slept in it.

Whose house was it in? - It is by itself; it belongs to Mr. Watson; - it has only one room; there is a place adjoining to it, but there is only one door, it is a shop.

Whose house is it in, Mr. Watson's? - It is not in any house; it's a shop by itself, adjoining to the stable yard; there is no rooms over it, there are rooms adjoining to it; that was the place where I used to sleep in, till two days before that happened; there is my bed now, and all the things in it; there are places above, and it joins to it, but there is no room above it; Mr. Watson is the landlord, he left them all out in separate tenements; this place joins to another place and shop.

What time had you left it that night? - Between the hours of six and seven on the 11th of November; I had fastened the window, and padlocked it on the outside; I had got a new lock on purpose; I missed the things mentioned in the indictment; and saw my property soon after at the watch-house.

PHILIP WELCH sworn.

On the 12th of last month I was calling the hour of five; I stopped the prisoner in Holborn with a bundle, between the two Turn-stiles; I called after him, and asked him what he had got: he said he had cloaths; I asked him where he was going with them; he said to Islington, to take a coach - to go to Woolwich, to send his cloaths to his friends in the country; I asked him if he had any directions? he said no, he would send the directions by the coach; I told him I must take him to the watch-house, which I did; he was searched; he had three coats, and buckles, and pins in his pockets, and snuff-boxes, and a pair of silver shoe buckles, and three pair of stuff shoes, and a great coat on his back, which the prosecutor swore to; the officer of the night searched him, and has the things.

RICHARD BUNNEY sworn.

I am constable of the night; the prisoner was brought into the watch-house about five, on the 12th of November, it was not then light; I searched him, and found a linen table cloth, new, round his body between his waistcoat and his shirt, and three pair of women's stuff shoes in his pockets, and a number of things, such as snuff-boxes, ladies ear-rings, ladies hair pins, gentlemens shirt pins, which are mentioned in the indictment; I have had them ever since; and the prosecutor, the next morning before the magistrate, said he had lost a pair of stone buckles set in silver; them I found afterwards in the office, in the linings of his breeches below his pockets;

I took them out, they were a very small pair; he said very little, I asked him his name, he did not chuse to tell me; in the morning he was taken before the magistrate; he told his name to Justice Walker.

(The things produced and deposed to.)

Prosecutor. This great coat was on him, I know it, it had been a gentleman's dressing coat, I had not had it above a fortnight, I noticed it because it was so full of powder, I could not know it from another dressing coat; I know the breeches to be mine, I cannot swear to the shoes, there is no mark in them, I bought them at a sale in Oxford-road; I know the tortoise-shell snuff-box, because it is in-laid with silver, and there is a little bit of the silver out; I am sure of that; I believe the buttons to be mine; this green striped coat I can swear to, because there are some drops upon it; and the brown coat has been turned; I am sure of them; I believe these things to be mine; I have lost every thing that is here.

PRISONER's DEFENCE.

I was going from Milbank to fetch the midwife, and picked up this bundle, and going a little further I found a coat, and put it on, it was very cold; and they took me into custody; I told them I found the things.

How came you with a table cloth wrapped round you? - That was in the coat, and all these things were in the coat pocket; I have a witness that saw me pick them up, his name is Francis Doyle .

Court. Call Francis Doyle , (called but did not appear).

Mrs. MANSELLER sworn.

I had been very ill all night, I sent him to the midwife early in the morning; he picked up this bundle; I live in the neighbourhood where he was born, and in which I was born; our characters are well known.

ISAAC WOOD sworn.

I am a writing master, in Compton-street, No. 49, I have known the prisoner's nineteen years they were lodgers to me and they paid me honestly.

Have you known him lately? - I have lately, he has lived in Rupert-street; I have known the prisoner nineteen years.

Does his mother live in Rupert-street too? - Yes.

Not at Milbank? - No, no, Sir, I know nothing of Milbank; they are very honest people on my oath and conscience I do believe; he is a shoe-maker.

JOHN GUYAT sworn.

I am a boot-closer, No. 1, Carnaby-street; I have known the prisoner this three years, he lives in Rupert-street with his father and mother.

Not at Milbank, Westminster? - No, Rupert-street.

Mrs. Manseller. We live in Rupert-street; I have intrusted the prisoner with goods, and they all went safe; I know him to be a good lad so far.

Peter Blade, also gave him a very good character.

Court to Prisoner. How came you to say you was going from Mibank to fetch the midwife?

Prisoner. To Holborn I said.

What did you say about Milbank?

Prisoner. I did not say any thing about Milbank.

The Court then called to Mr. Hodgson, the short hand writer, who read the prisoner's defence. [That he was going from Milbank to fetch the midwife.]

Court to Prisoner. Where did you pick up the things? - In Richmond-street.

Where did the midwife live? - In Holborn.

GUILTY , Death . Aged 15.

Court to Isaac Wood . This unfortunate young man has given in his age now to the court, in a written defence handed up to me; that he is fifteen years of age and you have sworn that you have known him nineteen years? - I swore that I knew his father and mother nineteen years.

You swore that you knew him nineteen years, and you ought to be committed? - I am before God as well as you.

Yes, and you ought to have paid attention to that. - I meant to say that I knew his father and mother nineteen years.

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17881210-2

2. JOHN BURNEL was indicted for stealing on the 4th of July last, two hundred and seventy-six Ostrich feathers, value 48 l. 6 s. one hundred forty-four artificial flowers, value 10. and three wooden boxes, value seven shillings sixpence , the property of Christopher Bernardi .

This appearing to be a fraud, and not a felony, the prisoner was ACQUITTED .

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

Reference Number: t17881210-3

3. BENJAMIN BARLAND was indicted for burglariously and feloniously breaking and entering the dwelling house of Lady Elizabeth Fitzroy , widow , about the hour of two in the night, on the 28th of November last, with intent her goods, chattels, and monies, then and there being, burglariously and feloniously, to steal .

The prisoner was found on the outside the garret window, but no door or window being broke, he must have come in before the house was fastened up, and therefore, it not being a burglary, he was ACQUITTED .

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

Reference Number: t17881210-4

4. THOMAS THRUSH , otherwise THRUST , JOHN MERRYMAN , and THOMAS CHAFFY , were indicted for feloniously assaulting Samuel Bevan , in a certain field and open place, near the king's highway, on the 5th of November last, and putting him in fear, and taking from his person, and against his will, three guineas, one half guinea, and twelve shillings in monies, numbered, a counterfeit sixpence value one farthing, and sixteen copper halfpence, his property .

(The witnesses examined apart.)

SAMUEL BEVAN sworn.

I live in Mile-end road : on the 5th of November last, between five and six in the evening I was stopped in Close-field , near the highway; it was just light, the moon was up; I could see entirely over the fields, it might be a quarter of a mile from my own house; I was met by four men, and the first that stopped me demanded my money, and told me at the same time, that if I delivered my money, they would not hurt me; in a moment, a second man came to me, and told me that they had cutlasses and pistols, or pistols and cutlasses; and I was a dead man if I did not deliver; a third man stood immediately before me, on the footpath, and desired me to cover my face, and momentary upon that he snatched my hat down with a deal of violence indeed, I immediately put my hat back again, and then two or three of them began to beat me; that was those that came down first to me, on the left hand side; they beat me with sticks; and they twisted my stick out of my hand, which I found in a ditch; I had not then given any answer, when they began to beat me; then I called out murder and thieves; they continued beating me, and I warded off the blows as much as I could, and I retreated about nine yards back, before I fell; I am pretty sure two came behind me and pulled me down by the shoulders, finding I was weak; then they took from me three guineas and a half in gold, twelve shillings in silver, a bad sixpence, and about eight penny-worth of halfpence;

they put their hands in my pocket; I think two of them had their hands in my pocket at the same time; the gold was in the left hand pocket, and the silver in the right; when they had got the money, they all went away but one, and he gave me this cut in the face; I do not know what it was with; I turned about and observed one running away, he was a little man; I believe they were with me, from first to last, about eight or ten minutes.

Was this spot a frequented spot? - Quite so, but nobody came by but a woman, who ran away on hearing me cry out; I met nobody till I got into Mile-end road; it was perfectly light; I saw two of the faces of the men perfectly; he that stopt me, and he that was before me, that pulled my hat over my ears: I had eleven people brought to me from Justice Smith's, when I laid ill in bed, which was from Wednesday to Sunday, and it was with difficulty from the surgeon, that I got out then; I knew none of them; I saw three on the Wednesday at Justice Wilmot's, I perfectly recollected one of them, which is Thrush; I really believe from my soul, that John Merryman was the man that told me they had pistols and cutlasses, but I will not swear it, I believe it to be him both from his voice and heighth; the other was pale, and I observed one was ruddy faced.

Then you are very far from being sure as to him, but you form a belief from the appearance of his person? - Yes; the prisoner Chaffey; was not taken till a few days afterwards; the three I saw at Mr. Wilmot's, were Thrush, and the accomplice, and Merryman; I will not swear to Merryman.

Was not you a good deal alarmed? - I was not, I could not account for it; I could not see them while they were beating me, it was before, I am perfectly sure; as to Thrush I never saw him before to my knowledge, but he stood directly before me, and I saw him perfectly twice; I had seen the accomplice an hundred times, yet I did not know him; it was Chaffey that stopped me first, and said, give us your money, and we will not hurt you; Chaffey was not taken till a week after the others or more; the others I saw on the Wednesday, so that it was a fortnight after the robbery when I saw him; I am sure of him: I described the people to the Justices men.

How long was it after this before you went to tell any body? - I did not tell any body; it is amazing to me; I went to a surgeon, and there was a clergyman's servant, that lives in the neighbourhood; and I fancy it must come from his report; for I was so covered with blood, that the surgeon told me on the Sunday, he expected my head was fractured; I had given no information at all then; they did not take the people up from any description of mine; I cannot say how they were taken up, but I perfectly well knew them, when I saw them.

What business are you? - I deal in yeast and beer a good deal; I did deal in the yeast trade, at the time that the North country business came on; I was going home, I had been in town, as I do every day; I had dined.

Had you been drinking pretty freely? - No, Sir, I had not.

Was you very sober? - I was entirely sober.

SAMUEL SHERRINGTON sworn.

Court. What age are you? - Twenty, the 24th of July.

Do you know any thing about these prisoners? - Yes, we went out with an intent to break open a house, and things did not turn out as we could wish, and we left the house, and came through Stepney church-yard again, and turned to the right; and Chaffey asked if we were all agreeable to stop the first man that we met, and we all agreed.

Who were you in company with? - These three, Thomas Thrust , John Merryman , and Thomas Chaffey ; then we walked on and turned to the right, and that took us into Mile-end road; then we went up Globe-lane, and in Globe-fields we met this man, the prosecutor.

Did you know him before? - No, Chaffey stopped him and demanded his money, and the man resisted.

Was you near enough to see Chaffey stop him? - Yes, I was.

Did you hear him demand his money? - Yes.

Can you tell what he said? - The man resisted, and Merryman struck at him with his stick, and knocked him down; and when we had taken his money, we all left him; and two took to the right and two to the left; and Merryman and I returned home together, and the other two went somewhere else.

Do you know which of you it was that put your hands into his pocket? - Chaffey; I offered to put my hand into his pocket, but Chaffey shoved my hand away; it was a darkish night, just at the dusk of the evening.

Was there any moon light? - No, Sir, there was not.

How long might you be with the prosecutor? - About the space of eight minutes; nothing else was said to him that I know of, only I bid him stand still, and we would not hurt him.

Did Merryman knock him down at the place where you first met him, or had he got away from the place? - He had struggled a little way from the place, about a yard.

What sort of resistance did he make? - He caught hold of Chaffey, and held him; then Merryman struck him with a stick; I do not know where he got that stick, he had it in his hand before; the prosecutor said afterwards that Merryman took the stick out of his hand, but I did not see him.

Did you hear any thing said about cutlasses and pistols? - No, Sir, nothing at all; I did not hear any thing said by Merryman.

Was there any thing said about covering the face? - No, there was not; but Thrush did cover the man's face with his hat, when he resisted; I told him to stand still and he should not be hurt.

What time of night was it? - Between five and six o'clock.

You are sure it was not moon light? - Yes, I am sure it was not moon light.

How long had you and the prisoners been out together? - We went out about two o'clock; we had been drinking together at the house where we went from before we set off.

Were you in liquor, or sober? - Sober; I was not in liquor, nor I did not see that they were.

Had you any acquaintance with Thrush before that time? - Yes, I knew him about a week; he used to use the house, but he had been away a great while; I had known Merryman to use that house for the space of three weeks; I had known Chaffey a great many years; I worked with him some years back, in the pack-thread spinning way; when I used to work with him, he lived in George-street.

What is that house? - A publick house.

What publick house? - The sign of the George, in George-yard, Whitechapel.

Were you at that house often? - I went there every night; I left the spinning trade, and was bound apprentice to a silk throwster.

JOHN ARMSTRONG sworn.

I apprehended the prisoners Thrush, Merryman, and Sherrington in company; between seven and eight, at a publick-house in Whitechapel, I believe it is called George-yard; they were all in the publick-house.

Were they in company together? - It was a strait seat were they sat, and there was another or two sat in the same company; Mr. Bevan, the prosecutor was sent for to Mr. Wilmot's; and the prisoners were committed; he came in a day or two afterwards, or I believe the next day.

How came you to go after these men? - My Lord, I had information of Mr. Bevan's robbery; I had not seen Mr. Bevan then; I had seen an officer that belonged to our office, that came from him, and it

was from that information we apprehended the prisoners.

Was there any description given of them? - The description that came afterwards was from people that were in the neighbourhood; but I never received any description from Mr. Bevan.

How came you to take up these people rather then any others? - From the information we received on going down to the gaol. - I heard Merryman and Thrust say to the accomplice, Sherrington, you B - r what did you narle for; I heard them say so more than once or twice; that is all I know.

Had Sherrington at that time told? - Yes, he had told the whole.

Did Sherrington tell the whole immediately upon being taken up? - They went down as a night charge, and the next day he told the whole before the magistrate.

PRISONER THRUSH'S DEFENCE.

I have nothing to say, I am innocent, he is swearing our lives away, innocent.

Armstrong. I know nothing of taking Chaffey.

ROBERT NASH sworn.

I know nothing more than bringing Thomas Chaffey to the Justices; I found him in High-street, Mile-end New-town; I do not know the day of the month; I believe it was about a week after the robbery.

How came you to take him up? - Because I had an information from Mr. Wilmot, that he was wanted for something.

Was he a man that you knew before? Yes, I knew him before.

Did you know where to find him? - No, I did not; the next morning he was at my brother's, and my brother was very bad in bed; and I brought him to the Justices; I had no conversation with him.

What, did he lodge at your brother's at that time? - No, he did not, but he was there.

PRISONER THRUSH'S DEFENCE.

I was at the George, in George-yard; I went in there by chance to drink a pint of beer as I used, after I had done work; going in I sat down about half an hour, and these three men came in and took me out of the house, and these two prisoners; they took and hand-cuffed us together; I know nothing of the other two prisoners; and Armstrong said, if they did not swear to the robbery that was committed, he would get somebody else that would.

Court to Armstrong. Is that so? - Upon my oath I never said such a thing to him in my life.

PRISONER MERRYMAN's DEFENCE.

I went into the George to have a pint of beer; in five minutes they took me with the other prisoners, whom I knew nothing of, and Harper took me to his house, and put some pistols on the table, and said, if I did not swear to the robbery, he would get somebody to do so.

PRISONER CHAFFEY's DEFENCE.

My life is swore away innocent, I know no more of it then the child unborn; the evidence came up to the gate with me; says he, Thomas Chaffey, you had better tell along with me, it will save our lives, and we shall hang the other two; says I, Sam, why should I swear peoples lives away that I know nothing about.

Court to Prosecutor. Was it a wet night or a fair night? - It was rather hazy, it was not wet, it was perfectly light, because I could see perfectly over the fields, almost as perfectly as I can see now.

THOMAS THRUSH , alias THRUST, GUILTY , Death .

JOHN MERRYMAN , NOT GUILTY .

THOMAS CHAFFEY, GUILTY , Death .

Tried by the first Middlesex Jury before Justice WILSON.

Reference Number: t17881210-5

5. WILLIAM STRICKLAND , JOHN MACKINTOSH , were indicted for feloniously assaulting Samuel Hooton , on the King's highway on the 24th of November last, and putting him in fear, and taking from him a metal watch, value 40 s. his property .

SAMUEL HOOTON sworn.

I was robbed the 24th of November: on Monday, about eleven at night, I had a guard-iron in my hand to keep children from the fire; and coming through the narrow part of St. Martin's Court , four or five men came up to me, and pushed me against a door, and damned me for carrying such a thing at that time of night, and not taking better care of it; I turned round and said I did not insult them, but they me; a gentleman advised me to make the best of my way home; coming along Castle-street, another man came up and damned me for carrying such an iron at that time of night, and not taking better care of it; and instantly I felt my watch go from me, and I cried out, oh my watch, my watch, and one of the witnesses directly brought me my watch back again, and told me not to be afraid, for they had my watch safe; I saw Strickland on my right hand side; when I had my watch, I remember seeing him perfectly, that was about two minutes before I lost it, he was walking; by the side of me; he did not speak to me; I never saw him before, but I recollected him directly at the watch-house; I do not think he was the man that struck me; I do not know who that was.

Mr. Peatt, prisoner Mackintosh's counsel. You was in the narrow part of the court? - Yes.

You do not know who pushed you? - No.

Several people were passing? - Yes.

Nothing more happened till you got to the end of Cranbourn Alley? - No.

This was about eleven o'clock? - Yes.

There were a great number of people? - Yes.

Did the person who hit you over the shoulder hit you with violence? - Yes, he pushed me hard; there was nobody else present then.

Was you in fear of any thing? - No, I was not.

You did not notice any other person but Strickland, that was near you? - No.

There were a good many others near you then? - A good many behind me.

And before you too, I take it? - I cannot say that there were.

JOHN PHILLIPS sworn.

I was coming through Cranbourn Alley at past eleven, in company with one Mr. Mansell, hearing a disturbance, I turned back; before I got close to the people that were together, I heard the cry of stop thief, I have lost my watch; and I saw the prisoner, Strickland, run; a person in the corner of the passage struck at his feet; I ran and took hold, of Strickland; some other person gave his assistance. Somebody was talking of searching, and at the same time, somebody said there was a watch on the ground, and a watch was found on the ground, just at his feet; and I believe the watch was picked up by the same person; I then said it was proper to take the prisoner to the watch-house, and I assisted to take him there.

Then Strickland was the only person that you took up? - I did not hear that any body else was concerned till after.

Prisoner Strickland. He said, he would do me, and bring an assault against me; I said, if you think I have any thing, search me? - I said, in case you get through this, for your treatment to me, I will bring an action against you for an assault; because he did not only strike, but kicked me; I did not wish to mention that circumstance.

Did he say to you, if you think I have any thing about me, search me? - I do not remember any thing of the kind.

JOHN MANSELL sworn.

Coming along Cranbourn Alley with

Phillips, I heard the cry of stop thief; Phillips had hold of my arm; he immediately ran and caught hold of Strickland; when they came up to the end of the Alley, he had hold of Strickland; he brought him to the end of Castle-street, then I saw the watch drop from Strickland.

You are quite sure of that? - Quite sure; I told the people I saw the watch drop from him, and somebody else picked it up; and another man had hold of his arm when the watch dropped from him.

Did you see any body else taken or running, at the cry of stop thief? - No, I did not; I saw Mackintosh at the watch-house.

JOHN RAVENHILL sworn.

At the hour of eleven, I was coming through Cranbourn Alley, I saw a mob of people before me, at the end of Castle-street; I stood at the end of Cranbourn Passage, and I saw the prisoner, Strickland, run out of the mob; I put my foot before him, and he stumbled; I heard the cry, I have lost my watch; I thought he must be the man that took it; I called out stop thief; Phillips ran after the prisoner, and took hold of him; I kept fight of the prisoner, Strickland, all the time, close to him; when he was taken they searched for the watch, and looked down at the prisoner's feet, and picked up the watch; I said, take care of the prisoner, I have the watch; then there were some watchmen close to us; I said ring your rattles, and take the man to the watch-house.

JOHN WORTHY sworn.

About eleven o'clock the 24th evening, coming through Cranbourn-passage, at the end of Castle-street, I saw the prosecutor, and heard a cry, I have lost my watch; Strickland ran away; I came up immediately and laid hold of the prisoner's arm, and conveyed him to the corner of Cranbourn Alley, when he put his hand to his pocket as I had hold of him, and dropped the watch, I saw him drop it. I never saw him before, that I know of.

Court to Prosecutor. What distance was that place where you was first hustled from the place where you lost your watch? - About as far as from here to that window.

PRISONER STRICKLAND's DEFENCE.

I work for one Mr. Smith in the Alley; I had two pair of shoes in my pocket; there was a mob of people; this gentleman was quite in liquor; and between Mr. Young's shop door and the corner, there was a watch; there were ten people trying to get hold of the watch; I might stoop to pick the watch up, I do not doubt but I did. I did not get hold of it, somebody kicked me over the hands; they searched me in Cranbourn Alley, and the watch was found in Castle-street.

Who searched you? - This gentleman here in the white coat, and this gentleman in the blue coat.

To Ravenhill; did you search him? - I did not.

Prisoner. He felt every where; the watchman had a person in custody for taking the watch from him at the same time, and the watchman then said he would swear to him.

Mr. Peatt. Although your Lordship does not call on the other prisoner, John M'Intosh, for his defence, I think it necessary to state to the court, that he is an apprentice to a reputable tradesman, and has many persons of great consideration to appear to his character; it is a shameful thing they should have brought him here.

Court. There is not the least imputation upon him.

Ravenhill. I delivered the watch to the constable of the night; I do not know his name.

Court to Prosecutor. Have you the watch? - I have not seen it since that night at Mr. Hyde's office, it was shewn me, but they durst not let me have it.

Did you see it after it had been pickt up, and before you went to the Justice? - Yes, I did; and at the watch-house.

Can you swear it was your watch? - Yes, I can.

What is the constable's name? - I don't know.

Mr. Newman. It appears by the commitment, that his name is David Chrichton.

Where is he?

Prosecutor. I do not know; I went to the office to see after it, and they they told me I had nothing to do but to attend here.

What office is it? - Mr. Hyde's.

Court. Is he bound over? - Yes.

Court. Call him on his recognizance.

David Chrichton called on his recognizance, but did not appear.

WILLIAM STRICKLAND . GUILTY .

Not of the Robbery.

Transported for seven years .

JOHN M'INTOSH. NOT GUILTY .

Mr. Peatt. I am instructed to apply for a copy of the indictment.

Court. There does not appear any malice.

Mr. Peatt. My Lord, if a man will bring an innocent man here, at the risk of his reputation, he ought to be punished. Several respectable persons connected with this young man, have directed their attorney to make this application, on the ground of a consciousness that there was not a shadow for taking this young man up.

The court refused to grant the motion.

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

Reference Number: t17881210-6

6. MATILDA JOHNSON , was indicted for stealing, on the 3d of November last, a silver watch, value 20 s. a steel chain, value 6 d. a glass seal, value 2 d. a stone seal, set in base metal, value 2 d. a key, value 1 d. the property of William M'pherson , privily from his person .

(The witnesses examined apart.)

WILLIAM M'PHERSON sworn.

I know the prisoner; on the 3d of November, as I was going home through the King's Mews, I think between eight and nine in the evening, I came through the south part of the Mews into Castle-street , and this woman asked me in a familiar manner, how I did; I stopped; she gave me a pinch of snuff, and asked me for something to drink; I think I gave her a penny; and I think she desired me to step within-side the Mews; I was then out of the Mews.

She asked you to step into the Mews? - I think so; however we went into the Mews; she pressed me close against the wall, and asked me what I would give her, I said I had some half pence in my pocket, and I would give her all the half-pence I had; at the same time, I removed my watch into my waistcoat pocket, chain and all; for I suspected by her manner, she meant to take it; she pressed me close to the wall again, and went from me abruptly; I put my hand to my waist coat pocket, and missed my watch; I made a stretch after her, and caught hold of her left hand; I said she had taken my watch, for all her kindness; she denied it; I asked to search her, and she would not permit me; a person unknown to me came past at the time; I desired him to search her, which he did, and declared she had no watch; I did not know that person; it was dark.

She would let him search her, would she? - Yes; I said she had my watch, and I would keep by her till I had her searched; we went then out of the Mews into Castle-street together; I had hold of her arm all the while, and through Orange-court, into Orange-street; and I entreated her to give me the watch; and I said I would take her to the office. She wanted to get into a publick house in Orange-street to get gin; I said it was not gin I wanted, I wanted my watch; she struggled then not to go into the office; we went through Long's-court, and she went into the pawn-broker's at the corner;

we both went in together; she said she wanted a petticoat; that she had a countryman, who would pledge his watch; I said she had stole or picked my watch out of my pocket, and I wanted her searched; a person in the shop discovered the watch in her stocking.

Did you see it taken out? - Yes; she took it out herself, and desired I should take it. Mr. Crouch, the pawn-broker, desired I should not, till he had sent for constable: she laid it down on the counter till the constable came in; she begged of me to take the watch, and I wished to have taken it; however the constable took her away and the watch; I went to the office, and begged the clerk and constable to discharge her, and they said they could not; and I was obliged to attend the next day at the office; I told them if it was possible to discharge her, I wished it; they said they could not.

PRISONER's DEFENCE.

He gave me the watch, when I told him I was in distress; he said he did not mind pawning his watch for half-a-crown, so as I would give him part of the money; the next day we went to the pawn-broker together, and the pawn-broker said, did you give the woman the watch, or did she take it; he said I took it, and the pawnbroker sent for a constable.

Court to Prosecutor. Was this woman an acquaintance of your's before? - I think I have seen her in the street before.

Was she a country woman of your's? - I only know by her manner of speech; she affected the Scotch dialect, and spoke very familiar. I know no further.

Court. Did you give her the watch? - No, by no means.

Nor you did not agree that the watch should be pawned to redeem her petticoat? - No.

There was not then any agreement between you that any money should be raised on this watch? - None at all; I gave her nothing but the half-pence, nor promised her any thing but the half-pence.

Prisoner. He gave me nothing.

Court to Prosecutor. Was you in liquor at all? - No quite to her; I had walked eight miles, and was on my way home; then I had nothing.

I think you said you had some suspicion before? - Yes.

Did you perceive her hands about you? - Yes.

Did you perceive them in your pocket about your which, that made you suspect? - No; I do not recollect that I felt her take the watch from me.

But you will not swear upon your oath, that you did not perceive, at the time just before she abruptly left you, you did not perceive her hand in your waistcoat pocket? - No.

Did she walk away from you? - Yes; a few paces, about two yards.

WILLIAM CROUCH sworn.

I am a pawn-broker; on the 3d of November, the prisoner and the prosecutor came into our shop; the prisoner said she had brought a countryman to pawn his watch; he said no, she had robbed him of his watch, and that she denied having the watch; and he said he was quite confident she had it; I asked her if she had taken his watch from him, and she denied it to me; then he wished to have a constable sent for; and when the constable was going for, she put her foot on a bench in the shop, and I looked over the counter, and saw the watch in her shoe, and she took it out from her stocking; the constable came, and the prosecutor wanted me to give him the watch; the constable took the watch off the counter, and took her to the justice.

Was the man sober? - Yes; he appeared as sober as he is now.

Was the woman sober? - I believe she was rather in liquor.

Did you know the woman before? - I have seen her before.

Had she ever pawned any thing at your shop? - Nothing but her own articles.

Was there any thing in pawn of her's at your shop at that time? - I do not

recollect that there was; she mentioned something of a petticoat, she either said she wanted to buy one, or to fetch one out of pledge, I am not sure which; I was busy with other customers.

RICHARD DORRINGTON sworn.

I belong to Mr. Hyde's office; between eight and nine Mr. Crouch came for me; when I want there, the watch lay on the counter: this is the watch, it has been in my custody ever since.

(Produced and deposed to by the name, on the dial plate, and the inside.)

Had you ever been in company with the woman before? - Not that I recollect.

You do not know but you might? - I have seen her in the street before.

PRISONER's DEFENCE.

The man in the Mews said, he had no money; says I, pawn your watch; says he, I do not mind that, if you are in distress, for I know you before; says I, if I had money you should be welcome; and so we went to the pawnbroker's, to pawn the watch, to get out a petticoat, because I had been four months ill.

GUILTY of stealing, but not privately .

Transported for seven years .

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

Reference Number: t17881210-7

7. ALEXANDER COLLEY was indicted for stealing, on the 13th of November , a pair of linen sheets, value 6 s. a candlestick, value 12 d. a pair of bellows, value 1 s. 6 d. a copper coffee-pot, value 6 d. the property of Abraham Marsello , let to him by contract, for a lodging .

It not appearing whether the prisoner pawned the things, or a woman that lived with him, and no pawnbroker being produced, he was ACQUITTED .

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

Reference Number: t17881210-8

8. CORNELIUS SHEEHAN was indicted for stealing, on the 18th of November , a silk cloak, value 2 s. a scarlet cloak, value 1 s. and a shirt, value 1 s. the property of Thomas Young .

The prosecutor's wife went out on the 19th of November for some milk, and returning immediately, found the prisoner (who was a little boy) with the things in his hand. - He said he wanted Miss Betsey.

GUILTY .

To be whipped , and sent to his parish.

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

Reference Number: t17881210-9

9. JAMES WINDSOR was indicted for stealing, on the 29th of November , a linen bag, value 1 s. and a hundred and eighty-four pounds weight of fat, value 3 l. the property of William Watts , and Cleophas Comber .

The prisoner was taken by Charles Young , and some other officers, with the tallow in a sack.

GUILTY .

Transported for seven years .

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

Reference Number: t17881210-10

10. SARAH WARREN was indicted for stealing, on the 12th of November , three muslin aprons, value 12 s. three pair of robbins, value 2 s. three muslin handkerchiefs, value 6 s. two robbins, value 6 d. a cap, value 6 d. the property of John Humphreys .

The prisoner brought the prosecutor's wife a pint of beer; and she sent her up stairs to fetch a piece of beef; she stole the things mentioned in the indictment, which were taken from her immediately.

GUILTY .

Imprisoned six months .

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

Reference Number: t17881210-11

11. JAMES WILLIAMS was indicted for stealing, on the 5th of December , a dressing glass in a mahogany frame , the property of Stephen Fowler and Ralph Reilley .

The prisoner was taken with the glass upon him.

GUILTY .

Whipped and passed to his settlement.

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17881210-12

12. WILLIAM THORNE was indicted for burglariously breaking and entering the dwelling house of Elizabeth Stewardson , widow , about the hour of eight in the night on the 2d day of December , and burglariously stealing therein two looking glasses in walnut-tree frames, value 10 s. a table cloth, value 2 s. twelve cups, value 2 s. twelve saucers, value 2 s. two cannisters, value 2 s. two basons, value 1 s. and a glass rummer, value 6 d. her property .

The prisoner was pursued near to this house, and soon after it was broke open, (on another charge) he had two basons in his hand, which he threw away; they were like the prosecutrix's, but she could not be certain of them - nothing else was found upon him.

NOT GUILTY .

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

Reference Number: t17881210-13

13. JOHN GORDON was indicted for burglariously breaking and entering the dwelling house of Christopher Tennant , about the hour of eight in the night of the 24th of November last, and burglariously stealing therein, three silk handkerchiefs, value 12 s. his property .

The prisoner was taken with two others pulling some handkerchiefs through a window, which had been broke, but had not compleated the felony.

NOT GUILTY

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17881210-14

14. ROBERT BOLLAND was indicted for stealing, on the 25th of November , a linen handkerchief, value 6 d. the property of William Owen .

The prisoner was taken with the handkerchief.

GUILTY .

To be Imprisoned for six months .

Tried by the London Jury before Mr. Justice WILSON.

Reference Number: t17881210-15

15. MARY OAKLEY was indicted for stealing, on the 10th of December , a piece of gold coin, value 10 s. 6 d. the monies of William Bunyan .

WILLIAM BUNYAN sworn.

I was recommended to a lodging at the Pilgrim, in Holborn; between ten and eleven on Wednesday night, the 10th of December, the prisoner was there, and asked me to go home with her; and I went; and she said you have got no money; says I, I have got a little silver, and an odd half guinea never was spend yet; pulling it out of my waistcoat pocket, and holding it in her hand, says she it is a bad one, let me see it; and she took it out from between my fingers, and struck it on the table, and it rebounded, and she caught it up, and clenched it in her hand; I immediately said, you will hand me that back, if you please; says she, hand me what back; says I, my half guinea; she utterly denied ever seeing it; I caught hold of her hand, which was clenched, and in burst three women; they said, you are not going to hurt the girl; she pretended to strip, but she

run away; she was taken, but nothing was found on her; whether it went into her cuff, or whether she swallowed it I cannot say.

Prisoner. I know nothing of the half guinea.

GUILTY .

Transported for seven years .

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

Reference Number: t17881210-16

16. MOSES HARRIS and JACOB SOLOMON were indicted for stealing, on the 18th of December , one cotton counterpane, value 10 s. the property of Edward Gibbons .

EDWARD GIBBONS sworn.

I lost the counterpane the 18th of September; I only prove the property.

WILLIAM STRATTON sworn.

On the 18th of September, about a quarter after eleven, Thomas North , Mr. Pritchard's apprentice, came to my shop, I was writing at the compting-house; he begged I would go and take two men; the prisoners were walking together up Caray-lane, and I following them; the prosecutor's shop is in Goldsmith's-street , that is very near; I took one by the collar, and told him he had robbed Mr. Gibbons of this parcel; the other walked on and turned up Priest's-court; I followed him, and brought them both to the Compter; I had this parcel at the time I collared him; it is a counterpane; I found it on Harris.

Where was the counterpane? - Under his arm.

Was it under his coat or not? - No, under his arm, I believe his left arm, openly; it was not wrapped in any thing.

Did you hear any conversation at this time between the other prisoner and Harris? - I do not know that they said a word, they appeared to be talking, but I could not hear a word.

Were they arm in arm together? - No, they were not, at they were walking very close.

When you laid hold of Harris, did the other man walk on before you took the parcel, or afterwards? - He went on, upon my taking the parcel he walked slowish.

Mr. Knowlys, prisoner Harris's counsel. Where was it that you first got sight of these people; you say in Cary-lane? - Yes, to the best of my knowledge.

I believe they were pretty near the end of Cary-lane when you first got sight of them? - They were nearer to Gutter-lane.

Harris made no resistance when you took him? - No, only said, do not collar me.

And the bundle quite visible to any body, as you would carry it? - Just the same.

Did not he tell you at the time you took hold of him that it was that man who had the bundle, that he had given it to him to carry? - I do not recollect that; I recollect his saying, when I told him he had robbed Mr. Gibbons, you are mistaken.

And the other walked off? - He said not a word, but walked off; he took the first opportunity of turning up the first court that came in his way.

I believe you have heard the other confess that he was the man who took it, and that he only gave it to Harris to carry for him? - I believe Solomon said, as they went into the coach to Newgate, that if he was cast, his father would have no peace in the synagogue.

Is that parcel in the same state it was when you found it? - It has been opened before the Alderman and the Grand Jury.

THOMAS NORTH sworn.

I am a hair dresser; the prisoners came along the street, and stopped under Mr. Stokes's window, and discoursed one with the other; I do not know what they said; this was in Goldsmith-street, they looked round them and walked back, and looked in every window till they came to Mr. Gibbons's, then they crossed to the otherside of the way, and went a little way up

Wood-street, I cannot tell how far, I could not see round the corner, they came back again, then Solomon crossed over to Mr. Gibbons's, and just put his foot into the house, and listed off this counterpane, and came out again with it hanging at his side, in his hand.

What was it from a shop? - Yes.

What did he do with it? - He had it hanging on his hand, and he put it under his arm, when he went four or five yards from the house; I left my master's shop, and ran to Mr. Stratton's, and informed him, and desired him to follow them; Stratton is ablacksmith, he is a constable.

What became of Harris? - Harris was on the otherside of the way when Solomon went into the shop, and when he had got about two doors from where he took the counterpane, Harris crossed over to him; I could not hear any conversation pass between them.

Did Solomon part with the counterpane? - Not in my presence.

Are ye sure they went away together? - Yes, I went to the constable, and they were taken in Foster-lane; the prisoners are the men, I saw the property taken from Harris, I took it from the constable, and took the prisoners by the collar; when we went to the counter I gave it to the constable again; this is the same counterpane I am sure, it was tied in this paper, there was a mark tore out of the paper, and here is the place where it was tore.

Mr. Schoen, Prisoner Harris's Council. How far distant from the prosecutor's shop is it that you live? - About eight yards.

Had you the same opportunity of seeing both the prisoners? - I saw them both very plain; I saw Harris plainer than the other, because he stood out of the shop, and Solomon, went in.

Have you never said that you could swear to Solomon, and not to Harris? - No, Sir, I never did.

Then you undertake positively to swear to one as well as the other? - I do.

In what situation was Harris, that you can swear to him so positively? - He had not the same cloaths on I know, but I can tell him by his hair being cued, and curls in his side, and his features.

Did you never say you could not swear so positively to Harris as to the other? - I can swear to them both alike.

And that you have always said? - I have.

You swear to that? - I do.

This was found openly under his arm? - Yes, he made no resistance at all.

Mr Gibbons; this is my counterpane, I had such a one in my shop; when I went out, it stood in the corner of the window.

When you returned was it missing? - It was.

Do you believe that to be your counterpane? - There was a mark on the paper that is torn out; I do not know it by the counterpane, but by the paper; there was a mark of the prime cost in letters, and also there was a small mark signifying the size of the counterpane, the one mark is entirely torn away, in the other there is a small part left.

Was that your writing? - One of them was.

And no part of the paper was torn, but this where the mark was? - No, Mr. Knowlys.

You say there is no letter remaining, which expresses any part of the prime cost, but there is a part of a stroke? - No writing more.

Then I take it for granted you cannot distinguish that small part of a stroke that distinguishes, it from any other person's stroke? - I had an eight quarter counterpane standing in my house, when I went out, and when I returned I missed it.

Have you any of your servants here? - No, no servant of mine could ever swear to the counterpane, because had this been mixed with eight or ten more, it would have been impossible for me, or any body else, to have sworn to it.

PRISONER HARRISES DEFENCE

I have a witness here in court now, his name is Jacob Levy .

JACOB LEVY sworn.

I know Harris the prisoner, I have known him a year and half, he gets his living in going to sales. On Thursday the 18th of Sept. I went with him to a sale, I called upon him in the morning, between ten and eleven o'clock, the Sale was at Robins's in Covent Garden; and going along through Cary-lane, the other prisoner met with him, with a bundle under his arm.

Before that time, I had he been with Solomon, or with you? - No, he was with me, I called upon him at his lodging, at No. 4, Carter-street, Hounsditch; the other prisoner desired Harris to take hold of the bundle, while he was doing something to his shoe, and they stopped together; I told Harris I could not stop, I would meet him at the sale in Covent Garden.

What sale was that? - Robins's sale, in the Piazzas. I left Harris along with the other prisoner, in Cary-Lane.

Court. What time was this? - Between ten and eleven in the morning of the 18th of September.

Did you and he go to Cary-lane together? - Yes.

And had you been with him all the morning before? - Yes.

Court to North. What time did this happen? - Between eleven and half after, or or a quarter, I cannot say rightly to the time.

They were out of your sight before they were taken? - Not a minute hardly.

Court to Levy. Did you leave him after this? - I left them both together in Cary-lane, I was not present when they were taken.

How do you know it was between ten and eleven, when you called upon him? - Because the sales generally begin between twelve and one, and we generally go there an hour before the time, to look at the goods; it was very near eleven when I called upon him.

STEPHEN GARDNER sworn.

I am a factor and merchant in Mincing Lane, No. 5, I have known the prisoner Harris three years and better, I have frequently sold him goods, he always very regularly paid me, I always considered him as an honest man, I have dealt with him within these three or four months.

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

PRISONER SOLOMON'S DEFENCE.

I picked up a parcel in Goldsmith-street, and I met the prisoner, Harris, in Cary-lane, and I asked him to hold the parcel while I buckled my shoe.

MOSES HARRIS, GUILTY .

Transported for seven years .

JACOB SOLOMONS , GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17881210-17

17. BRIDGET CLARKE was indicted for stealing, on the 27th of October , a silver watch, value 28 s. a watch string, value 1 d. a stone seal, value 12 d. a base metal watch key, value 1 d . the property of Philip Croty .

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17881210-18

18. RICHARD FREEMANTLE was indicted for stealing, on the 13th of October , one saw, made of steel, with a wooden handle, value 2 s. one other ditto pannel saw, value 6 s. one other ditto tennant saw, value 2 s. 6 d. one flag basket, value 6 d. the property of Robert Paterson ;

one other saw, value 2 s. one other tennant saw, value 3 s. the property of William Ingham ; one other saw, value 3 s. 6 d. the property of James Simms .

ROBERT PATERSON sworn.

I am a carpenter , I was at work in Sun-street, Bishopsgate , at the new buildings; I left my tools on the one pair of stairs, it was about 12 o'clock at noon, on the 13th of October; I returned at a quarter past one, and at that time I heard a man had been stopt with my tools; the door was fast when I left my tools, but it was broke open; I did not see the prisoner till I saw him before the Lord Mayor, which was the Thursday after, the 13th of October was on Monday, the Tools were produced before the Lord Mayor, and part of them were mine.

Mr. Knowlys, prisoner's Council. There were a number of people at work there? - Yes.

WILLIAM INGHAM sworn.

I am a carpenter, and was at work with the last witness in the same buildings, and was the last person at work, and when I came out I double-locked the door; when I returned the door was broke open, the prisoner was taken in the buildings, I saw him, he had a basket with all the saws in it, it was on a bench near to him.

WILLIAM ECUM sworn.

On the 13th of October, about a quarter before one, I was coming from dinner, and I saw the prisoner come out of this house, and look round him, and go in again; I knew the door had been double locked, he came out again in about half a minute, I went after him, and asked him what he was going to do with the saws, he said to sharpen them, I stopt him.

THOMAS MILNER sworn.

I am a constable, the saws were delivered to me by the men's master, in the presence of the prisoner, I had the saws till last sessions, when your lordship ordered the saws to be mark'd, and returned to the men.

The saws produced, and deposed to by the different prosecutors, except one, which has since been stolen.

PRISONER's DEFENCE.

I pick'd them up, I am entirely innocent of the robbery; I never was in the house, not did the witness Ecum ever see me come out of the house.

The prisoner called two witnesses to his Character.

GUILTY .

Imprisoned Six Months .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17881210-19

19. ANN TILNEY was indicted for stealing on the 2d of November , one printed book, bound in leather, intitled the book of common prayer, &c. value 20 s. the property of the parishioners of St. Botolph, Aldgate , in the custody of Richard Sexton , and John Crozier , then church-wardens of the said parish.

ESTHER PROSSER sworn.

I am the pew opener of the gallery in the church; on the 2d of November, after sermon, I was in a pew putting the things to rights, and I saw the prisoner come out of the minister's desk, I did not see the book, she shut the door of the desk very hard; a young man was up in the pulpit taking the cushions away, and I informed him; he followed her, she could not get out at the door, he took her with the book under her arm.

MARTIN ROBERT PYRK sworn.

On Sunday the 2d of November, between four and five in the afternoon, the pew opener informed me she saw a woman

come out of the desk; I went to look, and missed the prayer-book; I followed her, and I took her with the book under her arm; I took her into the vestry, to my father; we sent for a constable, who wrote his name in it.

ROBERT CLITHEROE sworn.

I am a constable; I was sent for to take her: I wrote my name in it.

LAZARUS PYRK sworn.

I am the sexton of the church: the bookware provided by the church-wardens, at the expence of the parish, and I have the care of them.

GUILTY .

Imprisoned six months .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17881210-20

20. CHARLES COOPER was indicted for stealing, on the 4th of December , one canvas bag, value 1 d. twenty-eight pounds weight of leaden shot, value 5 s. the property of Charles Price and John Mott .

WILLIAM HENRY STURGES sworn.

On the 4th instant, about five o'clock in the afternoon, I was passing down Snow-hill to Holborn, a cart was delivering goods at Mr. Price's; I was between the cart and Mr. Price's door: I saw the prisoner go to the tail of the cart, and take out a parcel, with which he crossed the way, on his way to Holborn; I acquainted Mr. Price's clerk, who was in the warehouse: we pursued him, and the clerk in my presence took the property from him.

JOHN KNOWLYS sworn.

I am clerk to the prosecutor: I went with the last witness, and I took this bag of shot from the prisoner; the bag was marked No. 3, I believe it to be Mr. Price's property.

PRISONER's DEFENCE.

I picked it up.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17881210-21

21. THOMAS SMITH was indicted for stealing, on the 13th of November , 5 s. 6 d. the monies of Hilton Ray .

TOBIAS LIDDELL sworn.

On the 13th of November, at ten in the morning, I had occasion to go from the shop to the accompting-house, where I had not been half a minute, before I perceived the prisoner leaning across the compter, with his hand in the till; I jumped off the chair, and made to the door: the prisoner ran out of the front door, and I pursued him; he ran through different courts; and I pursued him till he was stopt: the shop is at No. 14, Birchin-lane . I am positive he is the same man; he was only out of my sight by turning round the corners of the courts; he was taken and delivered to the constable, who took him to the Compter; there was 8 s. 6 d. missed out of the till; I had counted it a little before.

CHARLES SILL sworn.

I took charge of the prisoner: I searched him, and found on him 5 s. 4 d. sterling.

WILLIAM HOTEANE sworn.

I was passing Mr. Ray's shop at the time, and I saw the prisoner come out and run away: he was pursued; and going through Bell-Yard, he dropt a shilling, I believe from his left hand; a boy picked it up. I am sure he is the same man.

THOMAS WOOD sworn.

On the 13th of November, I heard the cry of stop-thief; and seeing him running, I collared him, and held him till Mr. Ray's man came up.

PRISONER's DEFENCE.

I was coming along, and hearing the cry of stop thief, I ran after those I saw running, and that there man (Wood) collared me.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17881210-22

22. ABRAHAM POLE was indicted for stealing, on the 7th of November , 15,200 iron nails, value 9 s. 5,790 ditto, value 5 s. and 5 d. and other nails , the property of Jonathan Sparrow .

JOSIAH LETTENY sworn.

The prisoner was porter to Mr. Sparrow about fifteen weeks: I always believed him to be honest; we had an exceeding good character with him. On the 7th of November, we all left the shop together, about half past eight; I saw no more of the prisoner; I came the next morning about twenty minutes after seven, and not seeing the prisoner, I enquired of the apprentice; he said he was not come; I was impatient, and about nine, I received a letter from a man from the New Prison; I went with him to the New Prison; I found the prisoner there, and I said, Abraham how come you here; he said, I was catched by the runners last night, with some nails in a bag; I immediately said to him, not your master's nails I hope; the prisoner made answer, yes: I said Abraham I never thought this of you; which way and when did you get them out of the shop; he said a paper now, and a paper then, at a time, in his pockets: while we were talking, a person came down, who said he was an attorney, and said by G - d this is a critical matter, you must stand this man's friend, or he'll be hanged: I said I could not conceal the felony, and I would have nothing to do with it till Mr. Sparrow came to town; on the Saturday following, I was sent for to Mr. Wilmot's, and I went there.

Mr. Knapp, prisoner's council. You always thought this man to be honest. In which way are these nails put in the shop? - They are put in partitions in different quantities: it is impossible we could miss them.

JOHN ARMSTRONG sworn.

On the 7th of November, I met the prisoner; it was Saturday night; seeing him with this bundle, I followed him to Moorfields; I asked him what he had got, he said nails; he would not tell his name, where he lived, nor where he came from; I took him to the watch-house, left him there, and went for Mr. Letteny, who came and said, he believed they were his master's; afterwards, we took the prisoner to New Prison.

(The nails produced, and the paper as marked by Letteny, who believes them to be the same.)

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

GUILTY ,

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17881210-23

23. THOMAS PARKS , was indicted for stealing, on the 10th of December , twenty-four black lead pencils, value 6 s. the property of Henry Fourdrinier , William Bloxam , and Joseph Walker .

JOSEPH WALKER sworn.

On the 5th instant, we discovered that four dozen of black lead pencils had been taken out of a glass case in the shop; and I was fearful; they were taken by our own servant s; I ordered Mr. Langdale, the manufacturer, to send in a parcel that could be sworn to; he sent in a parcel marked S; they were put into the glass case the same evening, and on the 10th there were two dozen missed, one of which were marked with the S; and the others, a dozen that were there before; then when we missed them, my partner and me consulted what we should do; we agreed to send for the prisoner into the compting-house; and when he came in, we challenged him with the crime, and he confessed he had taken them; we sent for an officer, and he was searched, and the pencils taken out of his pocket.

CHARLES FOURDRINIER sworn.

We marked four dozen of pencils in a particular manner, which I examined; I found two dozen deficient, suspecting the prisoner. We immediately suspected the prisoner, and had him searched, and found the two dozen that were deficient in his pocket; one dozen I can swear to positively.

(Produced by the constable, and deposed to by Joshua Langdale .)

PRISONER's DEFENCE.

On the 10th of December, the prosecutor had an order to execute for Mrs Ann Clerk , of Hortford; there were two dozen of pencils in them; I took them out; I was immediately called to do some other business; my fellow servant not knowing that I had the order to make up, took out two other dozen; I was searched, and they were taken out of my bosom, I

was out three or four times, during the course of the afternoon.

Mr. Fourdrinier. We had such an order, but we did not allow this prisoner to pack goods, except such as were given him by the shopman.

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

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17881210-24

24. ELIZABETH FONSECA was indicted for stealing, on the 24th of November last, one wooden washing tub, value 2 s. eight clouts, value 8 s. the property of Christian Dover , widow ; and one wooden pail, value 14 d. the property of Thomas Johnson .

The things were found at a Mrs. Taylor's, which the prisoner confessed taking.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17881210-25

25. JOHN CORNELIUS was indicted for stealing, on the 10th of December , one cloth coat, value 3 s. two cloth jackets, 12 d. one man's hat, value 12 d. two waistcoats, value 12 d. the property of Hugh M'Coy .

The prisoner was taken with the things upon him.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17881210-26

26. DANIEL FOUNTAIN was indicted for stealing, on the 10th of November , a wooden ladder, value 3 s. the property of William Couldery , Edward Collison , and George Rogers .

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17881210-27

27. JOHN BURCH was indicted for stealing, on the 3d of October , one 12 foot two inch and half Archangel deal, value 1 s. 6 d. four 4 foot 1 half inch Archangel deal, value 4 s. 6 d. one ditto, value 2 s. 6 d. the property of Godfrey Thornton , Esq .

The case opened by Mr. Leach.

JOHN WOOD sworn.

On the 30th of October last, I went with a barge to a ship called the Adanta, belonging to Mr. Thornton, to take away a load of deals; the cargo is Mr. Thornton's; when loaded we went to the New River to Mr. Turner's wharf; I proceeded up with her to Lime-house wharf; I opened the outer gates of the lock; I found Burch, the prisoner, he came and opened the gates, and I shoved the barge into Mr. Richardson's wharf , and made her fast till day light; when I came in the morning the barge was gone.

JOHN MORGAN sworn.

On Saturday morning, the 31st of October last, about seven in the morning, I saw a barge coming up, and the prisoner in it and another; they began to land the deals, and Burch threw seven on shore; the other man, which was Graham, took them away; I watched Graham putting the deals into a shed; and I put my name upon them; I know they were a part of the cargo; we took Burch into custody, he said nothing.

RICHARD AMOS sworn.

I saw the prisoner bring this barge up into the island, and I saw him put several

deals out, but the quantity I could not tell; I saw the other man, but did not know him.

THOMAS WHATELY sworn.

I live in Shoulder of Mutton Alley; the prisoner was carrying a deal, and he let it fall, and in trying to raise it he broke my window; I spoke to him about the payment, and gave him a lift up with it, and he went about twenty yards and he dropt it, and he went away; I knew him very well; I took the deal, and gave information to Elby.

WILLIAM ELBY sworn.

I apprehended the prisoner on the 31st of October; Mr. Morgan shewed me seven deals, in a shed, in Shoulder of Mutton-Alley; I have had them ever since.

Morgan. They are the same deals I saw the prisoner put into the shed; I put my name upon them.

PRISONER's DEFENCE.

I let the man through the lock, and he desired me to shove the barge to the wharf, I did so, because she lay adrift; Graham jumped on board the barge; I never saw the deals taken out of the barge; a young fellow gave me a glass of liquor, and asked me to carry a deal.

Court to Whatley. Was he in liquor? - He appeated so.

Morgan. He did not.

Prisoner. I was as drunk as any young fellow appeared to be in the world.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17881210-28

28. WILLIAM BARTLETT was indicted for stealing on the 29th of September , a cloth coat, value 6 s. the property of John Alfrey .

NOT GUILTY

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17881210-29

29. THOMAS HETSON was indicted for stealing, on the 10th day of November , ten pounds weight of raw sugar, value 3 s. the property of persons unknown.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17881210-30

30. WILLIAM FRAMPTON was indicted for stealing, on the 7th day of November , one steel saw, value 20 s. the property of William Hodges .

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17881210-31

31. THOMAS RANGELEY was indicted for burglariously and feloniously breaking and entering the dwelling house of Thomas Wetherall , about the hour of five in the night of the 3d day of December , and burglariously stealing therein one silver buckle, value 20 s. the property of the said Thomas Wetherall and John Janaway .

A second count. For breaking the same dwelling-house, at the same hour, with an intent to steal.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17881210-32

32. RICHARD BROCK was indicted for stealing, on the 4th of November ,

leather horse back-band, value 10 s. an iron chain, value 10 s. a leather belly-band, value 1 s. the property of John Calvert , Peter Calvert , Jeremiah Murrell , Mr . Thomas Cole .

One of the partners names being left out in the indictment, the prisoner was ACQUITTED .

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

Reference Number: t17881210-33

33. JOHN GRIFFIN (a boy) was indicted for stealing, on the 17th of November , ten stone masons steel chissels, value 10 d. the property of Thomas Abbott , a brass cock value 2 d. a case knife, value 1 d. the property of John Drummond , Esq . an iron bar, value 6 d. belonging to him, and affixed to his dwelling house .

THOMAS ABBOTT sworn.

On the 17th of November, about three in the afternoon, I was at work at Mr. Drummond's, in Bedford-square ; I am a stone mason ; I missed some tools, which I had before put in the front area, I found there was but one left, and I saw the prisoner secreted in the vault, with a hat box; I looked in it, and found my tools packed up in it; the hat box was not there when I left my tools there; there was an iron bar which had been fetched out of the next vault, that fastens the coal plate down; there was a brass cock, I took out of his pocket, and two forks and a knife were in the hat box; I asked him who the cock belonged to, and he said his master; we sent for a constable, who took him in custody; he said Mr. Weltjie, the Prince of Wale's house steward, was his uncle; he cried very much to go to his mammy.

(The tools produced and deposed to.)

ELEANOR PEASEWOOD sworn.

I am a servant to Mr. Drummond: on the 17th of November, about three in the afternoon I heard a noise, and went out, and saw the prisoner in custody of the man; I believe the knife and fork to be my master's.

GEORGE NUTTER sworn.

Confirms the evidence of the first witness - and that the prisoner upon being taken, said, he had got there to prevent being beat by the public-house boy; he said Mr. Weltjie was his father, afterwards he said he was his uncle, and mentioned several confectioners, who, he said, were his relations.

Thomas Kardall . I am a constable, and took the prisoner in custody.

Prisoner. The property belongs to my mother.

GUILTY. 10 d .

Transported for seven years .

Tried by the second Middlesex Jury before Justice WILSON.

Reference Number: t17881210-34

34. WALTER FERGUSSON was indicted for feloniously assaulting Thomas Wimble on the king's highway, on the 27th of October last, and putting him in fear, and feloniously taking from his person, and against his will, six men's hats, value 3 l. the property of Richard Coffee .

THOMAS WIMBLE .

Court. What age are you? - Thirteen to-morrow.

Do you know the nature of an oath? - Yes, Sir, I shall go to the devil if I take a false oath.

Sworn.

I was riding behind the Greenwich coach on Fish-street-hill , the prisoner crossed the way, and came and got up, and pushed me up very close; it was about half past five; he took the bundle of bats, and ran up Thames-street; I called out stop thief; the hats were Mr. Richard Coffee 's; I was going to take 'em to my

father to finish; the prisoner is the man I am sure that took the hats from me; he took the hats by force from me, and gave 'em to another man that came up; he first pushed me down on the ground, he told me to get down, and would not give me time; I endeavoured to get down as fast as I could; he forced the hats from me, and I fell; he gave 'em to the other man, and they both ran away; when I got up I ran after them, and called stop thief; they ran up Upper Thames-street, and then up Miles-lane, and there the prisoner was stopt; he had not been sitting above half a minute behind the coach, before he took the hats from me.

Court. Having only seen him for about half a minute while he was sitting with you, and it was dark, can you be sure he is the same man? - Yes, Sir, I saw his face, and saw him after he was taken; I am positive this is the man; I just saw the other, but he got clear off with the hats.

JOHN HORTON sworn.

Coming a cross Fish-street-hill, I heard the cry of stop thief; it was about half past five; I followed the prisoner and took him; the prisoner said he was running after the man who the boy said had robbed him; in the mean time the boy came up, and said, that is the man that robbed me; I never lost sight of the prisoner, after the cry of stop thief, till I took him; there was a constable in the lane, who came up, and I delivered him up to the constable; and he declared, that if he ever got clear, he would stick a knife in my bloody melt; it was dusk in the evening; I saw nobody in Thames-street, but the boy and the prisoner running.

RICHARD COFFEE sworn,

Mr. Wimble, the boy's father, works for me; and the boy came for the hats to finish; about five o'clock they were tied up, and he had them; about two hours after, the boy and his mother informed me they were lost.

PRISONER'S DEFENCE.

I know nothing of it.

The prisoner called one witness to his character.

GUILTY , Death .

Tried by the London Jury before Mr. Justice WILSON.

Reference Number: t17881210-35

35. WILLIAM BARTLETT was indicted for stealing, on the 29th of September , a check linen bed curtain, value 6 s. the property of George Mellows , in his lodging room .

The curtain was found at the pawnbroker's.

Prisoner. It was great necessity drove me to it, my wife and I were starving, and it was great necessity drove me to it.

GUILTY .

To be publickly Whipped , and Imprisoned six months .

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

Reference Number: t17881210-36

36. CHARLES JEWINS was indicted for stealing, on the 19th of November , two child's shifts, value 1 s. one apron, value 9 d. two handkerchiefs, value 1 s. six night caps, value 8 d. the property of William Bruce ; a callico muslin shawl, value 1 s. the property of William Chaplin ; and a pair of trowsers, value 1 s. the property of Eleanor Dalton .

The prosecutor being called, and not appearing, the prisoner was ACQUITTED .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17881210-37

37. JOHN LUCAS was indicted for stealing, on the 8th of December , a silver

table spoon, value 10 s. the property of James Willis .

NOT GUILTY .

Tried by the London Jury before Mr. Justice WILSON.

Reference Number: t17881210-38

38. JOHN SENNIER, otherwise SENIOR , was indicted for stealing, on the 8th of December , at Barnard's Inn , one fixture, that is to say, one iron casement made of iron and glass, belonging to Anthony Pye , Esq . having no claim or title there.o.

A second count. For stealing the same casement, the property of the said Anthony Pye .

A third Count. Charging him with stealing one casement, made of iron, lead, and glass, the property of Anthony Pye and others, and affixed to a certain building of their's in Barnard's Inn aforesaid, known by the name of No. 4.

A fourth count. For stealing the same, their property.

NOT GUILTY .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17881210-39

39. WILLIAM WHITAKER (a little boy) was indicted for stealing, on the 1st of November , twenty yards of Irish linen cloth, value 25 s. the property of James Dornford .

The prisoner was seen to take the cloth out of the shop by Miss Mary Thompson , who followed him and took him, and saw him drop the cloth.

Court to Miss Thompson. Was there any other boy with him? - Yes, there was another boy, but the cloth was close to the prisoner.

GUILTY .

Whipped and Imprisoned six months .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17881210-40

40. RICHARD MOLONEY was indicted for stealing, on the 6th of December , a piece of fir timber called quartering, value 3 s. the property of Thomas Walton , Esq .

Thomas Jones called on his recognizance, and not appearing, the prisoner was ACQUITTED .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17881210-41

41. THOMAS WILLIAMS was indicted for stealing, on the 7th of November , thirty pounds weight of lead, value 5 s. belonging to Peter Baker , Esq . affixed to a building of his; against the statute .

Mr. Baker's steward not appearing, the prisoner was ACQUITTED .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17881210-42

42. CATHERINE WIGMORE was indicted for stealing, on the 24th of November , a cotton gown, value 10 s. and three shirts, value 10 s. the property of Thomas Roe .

The prisoner was taken coming out of the house with the things.

GUILTY .

Imprisoned Six Months .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17881210-43

43. JOHN MOORE was indicted for burglariously breaking and entering the dwelling house of James Burrows , about the hour of six of the night, on the 3d of November last, and stealing one set of brass weights, called a pile of hollow

weights, value 2 s. two eight ounce brass weights, called pile weights, value 2 s. two brass four pounds weights; value 6 s. and sundry other weights; and twelve pair of copper heels for shoes, value 12 d. his propert y.

John Ellis called on his recognizance, and not appearing, the prisoner was ACQUITTED .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17881210-44

44. THOMAS GIBBS was indicted for feloniously assaulting Robert Winstanley , on the King's high-way, on the 25th of November last, and putting him in fear and danger of his life; and feloniously taking from his person, against his will, twenty-eight yards of dark coloured chintz callico, value 3 l. 10 s. twenty-one yards of other chintz callico, value 30 s. twelve yards of ditto, value 16 s. and seven yards of chintz callico, value 10 s. the property of William Bannister .

(The witnesses examined separate.)

ROBERT WINSTANLEY sworn.

I was robbed the 25th of November last, Northumberland house, Charing-cross ; there is two of us lads go to collect the goods to glaze , for one Mr. William Bannister ; I was one; as we were coming by Northumberland-house, there were two women and the prisoner; there were a great many people: I had on my head some prints; I happened to come between these two women, and the bundle that was on my head happened to touch one of the women over the head; the prisoner at the bar made no more to do, he laid hold of the bundle, and pulled it off my head; he struck at me, I struck at him again, which blow I missed; then he struck at me again, and knocked me down to the ground; I got up again; I could hardly recover myself from the blow I received; for when I was down, he kicked me in the eye; I said to the people, how can you see a man knocked down in this manner, and not take a boy's part; I said, says I, d - n me, lend me a stick, and I will knock him down; then he ran after my fellow-apprentice; and a boy said, that woman has run away with your goods; and I ran to several places after her, but never heard of the goods afterwards; I had hold of the goods, when he pulled them; I had not much power to hold them as they were on my head.

Did he pull them away clean from you? - I felt him pull them off.

When you struck at him again, you neither of you had the bundle? - No.

What time was it? - I believe, to the best of my knowledge, it was about six in the evening, or rather after; there were a great number of people passing by.

Mr. Garrow, prisoner's council. Was it on the Northumberland side of the way? - Yes.

The shops were not shut up? there was light enough? - Yes.

No great chance of a man's getting away? - No.

Those two women were women of the town? - They seemed to be so.

You and your fellow-apprentice were a little witty with them? - Yes; I said d - n you, stand out of the way.

You said d - n you, you b - h, stand out of the way? - I did not say b - h; the bundle was gone before any blows were struck.

When he had licked you, then he wanted to lick your fellow-apprentice? - Yes; as I lay on the ground my fellow-apprentice struck at him.

How long have you been acquainted with Mr. Dorrington? - I never saw him, to the best of my knowledge, till I came to Mr. Hyde's.

Dorington is the sweeper at Mr. Hyde's? - I do not know, I heard him say he belonged to Justice Hyde.

He advised this prosecution, I believe, and was to have three guineas? - I never heard he was.

What are you to pay him? - I do not know.

Has not he preferred these two indictments? - I do not know.

Do you know whether there is any reward in case this man should be convicted of a highway robbery? - I heard say there was, but I said I did not want any thing.

Then you heard it was twice forty pound if you could but find him guilty? - I heard there was forty pound among four.

What four? - The two that took him; they belong to one Mr. Smith, an ivory turner, and me and my fellow-apprentice.

Is not Dorrington the fourth? - I do not know.

Who was this judge that told you about the reward? - It was Mr. Whitfield.

What judge is he? - That was at the Justice's.

Then this man never meddled with you till you told the women to stand out of the way? - No.

And then he licked you both? - Yes.

How much is the grave-digger to have? - I did not hear.

Court. When you ran after the woman, did you come back again? - Yes; to see if I could see my fellow-prentice any where, and two women told me the man was in the watch-house; I went there, and then to my master.

JOHN MORGAN sworn.

I am the fellow-apprentice of the last witness; we usually go round to the customers for linens; we went down to Westminster about half after six; coming by Charing-cross, we saw two women and the prisoner; the other witness had the load on his head; he went between the two women; the bundle touched one of them over the head; the man caught at the bundle, and pulled it off; he turned round to save the bundle, and the man knocked him down, and kicked him on the ground; I went to assist him, and the man struck at me; I ran away from him, and he ran after me; and caught hold of my handkerchief, and almost throttled me, and tore my shirt; he was taken into custody by one Smith, and he threw something on the ground; I do not know what became of the bundle; it was lost.

Did you see the prisoner touch the bundle? - Yes.

Did you see him pull it? - Yes.

When he was pulling at the bundle, did not you think it was necessary to take some care of it? - I did not see what became of the bundle at all.

Was there any thing said by your fellow-apprentice? - I did not hear him say any thing at all.

Did the prisoner say any thing? - No; he pulled the bundle off his head, and he struck at him, and the prisoner struck at him again; I did not hear the prisoner say any thing.

Mr. Garrow. There was plenty of room for your fellow-prentice to pass between the women? - Yes.

Of course he said nothing to them, not they to him? - No; I am quite sure I heard nothing pass.

If he had said d - n you, get out of the way, to the women, you would have heard that perhaps? - I did not hear any thing.

How much of the reward are you to have? - I have not heard any thing about a reward.

You was not at the office with your fellow-apprentice? - Yes, I was.

Do you know a person of the name of Whitfield? - Yes.

Did not you hear Whitfield say that there was a reward of forty pound to be divided among four of you? - I did hear something of forty pound penalty; I did not know any thing of any reward I was to have; I understood that it was forty pound penalty if we did not appear.

Did not he say, there was forty pound to be divided between four of you? - I have heard talk of forty pound reward.

Why did you tell me just now that you knew of no reward? - I had heard of it.

Who advised you to prefer an indictment

for a highway robbery? - They said, at the office, that it was a street robbery.

Who said so, Dorrington? - I have not seen him; he only sent us to Hicks's-hall, and gave instructions for the hill.

How much is Dorrington to have, if you convict this man? - I do not know.

Do not you know he is to have three guineas? - I do not know.

Court. Did you know what the goods were that he had on his head? - There were two whole pieces of callico, one was ell wide, and the other yard wide, and there were other quantities.

What colour? - The yard wide one was a dark pattern, and the other a lightish pattern.

WILLIAM BANNISTER sworn.

I live at No. 10, St. Martin's-lane; I am a glazer of callico ; I sent these lads out, according to the custom of our trade, to collect callico to be glazed.

JOHN SMITH sworn.

As I was coming down from tea about half past six, I heard a noise at my door, and I had a deal of glass about my door; I ran out, and a lad said, this man has knocked my fellow-apprentice down, and he has lost a bundle; I seized the prisoner, and he said, d - n you, and he put his leg between mine, and twisted me round, and down I went; I laid still hold of him, and pulled him after me; two of my men came and seized him; and my partner came and helped, and they took him to the watch-house; the prisoner was a little in liquor; when I got to the watch-house, he laid hold of my collar, and tore me several times, but I believe it was through his being in liquor.

JOSHUA PURDUE sworn.

About a quarter past six, on the 25th of November, I was coming down St. Martin's-lane, by the watch-house I heard a great noise; they let me in, and the prisoner was there; they could not get him down stairs; they shoved him down; I searched him, and found this handkerchief upon him.

Mr. Garrow. You are the grave-digger? - Yes.

PRISONER's DEFENCE.

I leave it to my counsel.

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

NOT GUILTY .

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

Reference Number: t17881210-45

45. The said THOMAS GIBBS was again indicted for feloniously assaulting John Martin , on the 25th of November , putting him in fear, and feloniously taking from his person, and against his will, a linen handkerchief, value 6 d. his property .

JOHN MARTIN sworn.

When the man was taking the prisoner to the watch-house, I missed my handkerchief; I had it when I went to Westminster, and when I was at Charing-cross I had it.

Was it about your neck or in your pocket? - In my pocket; they went down stairs to search the man, and they brought up two pocket-handkerchiefs and a rule; and I said one was mine; there was W. T. at one corner; and they looked and found it.

What passed between him and you before? - He had got hold of my neck by my handkerchief when Mr. Smith came out; and he struck me several times.

You do not know when you lost your handkerchief? - No, I do not.

You had struck at him at Northumberland-house ? - Yes.

Had you your handkerchief then? - I do not know; I did not know I had lost my handkerchief till I got into the watch-house; I lost nothing else.

Had you any money in your pocket? -

Yes, I had some halfpence in my waistcoat pocket; the handkerchief was in my coat pocket.

Mr. Garrow. At the watch-house this handkerchief was found in his pocket, with his own and his rule? - Yes.

In the scuffle he had changed hats with your fellow servant? - Yes.

Your handkerchief was not worth stealing? - It was of no great worth.

JOSHUA PURDUE sworn.

I was coming by at the time the people were in the watch-house; I knocked at the door, and went in; we shoved him in the hole; in about three minutes I looked, and saw him looking through the bar, and I thought he was going to put something through the bar, and I searched him, and found two handkerchiefs and a rule; this is the lad's handkerchief, the other was very ragged, not worth a penny.

Court. Was that found in the same pocket with the rule and the other handkerchief? - One handkerchief was in each pocket, and a rule in his breeches pocket.

(The handkerchief product and deposed to by T. W. in the corner.)

It is one that my mother gave me; her name is Martin; I do not know how it came to be so marked.

JOHN SMITH sworn.

If you will let me give my opinion. I do not think the man is guilty of it, because there was a scuffle at the door, and here is a man that picked the handkerchief up, and put the hat on the man's head; and he says, he put the handkerchief in the man's pocket, and I do not think the man is guilty.

THOMAS STEWARD sworn.

I was present at the time of this affray; the boy was running up St. Martin's-lane, and the prisoner after him; the boy crossed over the way, and ran into a publick-house, and the prisoner ran after him; the boy laid down a light-coloured handkerchief, I cannot say this was it; he took it up, and put it in his pocket; the prisoner took up the handkerchief off the ground, and the hat laid in the kennel; the prisoner had no hat on; I took the hat and put it on the prisoner's head, then the boy said, why did you rob my fellow-servant; I saw the handkerchief picked up.

Court. Gentlemen of the Jury, you see, with respect to this, it was a suspicious circumstance; in the scuffle it some how got out of the man's pocket, and this young fellow took it up; he had lost his hat, so that it seems very little probable that he should be committing a highway robbery for the sake of such an handkerchief.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. Justic WILSON.

Reference Number: t17881210-46

46. EDWARD HOWE was indicted for stealing, on the 31st of October last, a cloth coat, value 2 s. a dimity waistcoat, value 12 d. a pair of fustian breeches, value 12 d. a shirt, value 6 d. a pair of cotton stockings, value 4 d. a pair of men's leather shoes, value 4 d. a pair of metal buckles, value 4 d. a silk handkerchief, value 6 d. the property of Joseph Anthony . A second count, for stealing the same goods, the property of a person unknown.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17881210-47

47. MARY DOWLING was indicted for stealing, on the 15th of November , twenty-one yards of printed cotton, value 50 s. the property of John Thwaites , privily in his shop .

JOHN THWAITES sworn.

I live in Holborn, No. 306 ; I am a

linen-draper ; the prisoner came into my shop on the 15th of November, about dusk in the evening, past four o'clock, in company with a young woman that always did accompany her when she came to our shop; my people have known her for some time; I cannot say I had seen her in the shop before; I have been in Norfolk.

Was you in the shop? - I was engaged with five or six customers at the time the apprentice came up to me, and said there was a woman in the shop that he suspected had pilfered something; I said, do not let her go out of the shop, but take it from her, if she has any thing; with that the woman was just coming out of the shop, opposite to me, and made me a very low curtsey, and bade me good night; the boy said this is the woman; I stamped with my foot, and said, why do not you take the goods from her; with that the boy went up to her, and followed her out, but still did not take the goods from her; I jumped over the counter, and went out after them; I met the boy in the doorway, she was with him; he had hold of her shoulder; I laid hold of the prisoner, and saw her drop a piece of printed cotton, and I took it up; I felt it drop on my foot.

Did you see her drop it? - I saw her drop it from under her left arm; I stooped and picked it up, and delivered it to the constable, who has it; the piece was the same I saw her drop; when she came back into the shop, she kneeled down, and begged forgiveness.

What was become of the other young woman that came into the shop with her? - She was gone off.

Mr. Garrow, prisoner's council. How many persons were there in the shop at the time this happened? - I think as near as I can guess, half a score customers, and about six young men behind the counter.

You, of your own knowledge, had not observed any thing till your boy gave you notice? - Not in the least.

The prisoner was taken into another room and searched? - No, she never was searched; she was taken into my warehouse till the constable was sent for; I had found the goods before she was taken there.

Mr. Garrow. Let the boy go out for a moment. You did not know the prisoner before? - I did not.

Therefore the boy could not direct you to her by any name; what description did he give you of her; did he tell you the woman in red hair? - No, he did not.

Was not there, in truth, another woman in the shop at the time in red hair? - I do not know, indeed.

Do you know now that another person in the shop had red hair? - There were a great many other persons in the shop.

None of whom are here? - Nobody is here but the boy.

THOMAS BROWN sworn.

I was standing in the shop lighting the lamps, when the prisoner and another person came in; there was a large pile of prints about two yards from her, and she moved on the other side of the pile of prints; I did not see any thing that was done, for the prints hindered me; but when I had done lighting the lamps, I missed a particular piece of print which laid there single by itself, about eight minutes before; I told my master I thought that woman had something with her; he told me to follow her; I rather refused, I was not sure; I did not like to go; he was angry, and I was obliged to go; I followed her, and brought her back to the door, and there she dropped a piece of print by his foot, and he picked it up; that particular print lay by itself under a pile of prints.

Did you see her drop it? - No, I did not, distinctly; my master had hold of her.

Did you see her take it? - No, I could not see her take it, for the prints prevented me seeing her.

How many of your own people were there in the shop? - About five or six who served customers.

Who was the person that was serving this

young woman? - His name is James; he is not here.

THOMAS STEPHENS sworn.

I am a constable; I produce the piece of cotton given to me by the prosecutor; the prisoner was in custody; it was delivered in her presence.

(Produced and deposed to.)

Prosecutor. It is marked on both ends with my own private mark; this is the private mark that was put upon it, a number, when it went to the callenderers; and I absolutely did not know it was on it till I saw it now.

Mr. Garrow. Was it you, yourself, that served her? - No, Sir; there was somebody that served her; his name was James.

You do not, of your own knowledge, know whether she bought it or not? - No, I do not indeed.

PRISONER'S DEFENCE.

This piece of cotton I bought and paid for it; and put it under my arm.

Prosecutor. I know the pattern, but I do not know that she bought it.

Was it one of your patterns? - I know it was one of the patterns that we had at this time.

ELIZABETH DAWSON sworn.

I have known her twenty years; never heard any thing amiss of her character.

Jury. I wish to make one observation: this seems to be a large piece of goods; I wish to know whether it was concealed under her arm without being secreted by a cloak.

Prosecutor. She had on a very long cloak.

GUILTY, Not Privately .

Court to Mr. Thwaites. I may now ask about a particular expression of yours: she was very much known at your shop, and this boy could mention the particulars; was she suspected before? - She was; and this young lad had orders to watch that she did not steal something; and Mr. James had the same orders.

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17881210-48

48. WILLIAM DAVIS was indicted for stealing, on the 3d of November , a stone stock-buckle, set in silver, value 4 s. a pair of stone knee-buckles, set in silver, value 2 s. a pair of stone sleeve-buttons, set in silver, value 12 d. the property of Michael Thomas .

MICHAEL THOMAS sworn.

I keep the Crown, North-end, Fulham ; I have known the prisoner for two years; he lived in the neighbourhood for some time; he was at our house drinking about eleven in the morning, on the 3d of November; he went up stairs in our garret; I followed him up; he had lodged in our house about a twelve month before I saw him there; he threw himself down on the bed, pretending to go to rest; he did not appear to be drunk, he only drank part of two pots of beer; I left him there; he came down again in about a quarter of an hour, and said he could not rest; he then went out of doors, and I saw no more of him; I did not miss any property till the Sunday following; then I missed the things in the indictment; they were kept in the garret where I slept, in a box; I have not worn them for some time; I saw them the day before; I was examining the box for a book; there were sundry books in the box; then I saw the buttons and buckles; I did not happen to go to that box till the Sunday after; nobody slept there but myself at that time; it was my bedroom; the prisoner did not ask me to go up, but I followed him up; and when he saw me there, he asked me to let him lay down, and I permitted him, because I knew him before; I searched all round for the things, and was informed of them the next day; I went to Hammersmith, and found them

at a pawn-broker's, whose servant is here; the prisoner lived about a hundred yards from me at the time of the robbery; he was a lodger.

SHIRLEY DAVID BARE sworn.

I am a pawn-broker's servant; I believe the prisoner to be the man that pledged the buckles and buttons with me, but I cannot positively swear; I do not find myself sufficiently convinced to swear positively.

Have you ever seen him before? - I believe and, I do not recollect ever seeing him before; he did not use our shop.

Why do you believe it? - Had I been desired to have fixed upon the man, I should have fixed upon him, I believe him to have been the person, from his features and from his dress; I saw him no more till I saw him at the office, at Bow-street, which was about a fortnight.

Had you any doubt then? - I thought that was the man, but I was not sufficiently convinced to swear to him positively; I do not know now whether he is the man or no, I cannot swear positively; he came to our shop on Monday, the 3d of November, in the forepart of the day, to the best of my recollection between the hour of twelve and one; he received five shillings for the things he pawned, a stock buckle, a pair of knee buckles, and buttons, in the name of William David, and, said he lived at Fulham Green; they were claimed about a week after.

(Produced and deposed to.)

ROBERT TAYLOR sworn.

I saw the prisoner coming across the fields where I was at work, he came and shook hands with me; he had something in his hand, I ask him what it was; he said a stock buckle; and he said he had the whole set, and he shewed them to me; a stock buckle, and a pair of knee buckles; and sleeve buttons; this was about twelve; he said he was going to Hammersmith; I asked him out of a joke whether he had stole them, and he said, how came I to think of that; I asked him if he was going to pawn them; he said, no, he had a whole set of them; he said he was going to Hammersmith to plant some trees for his master; he works for gardners; him and me were in the militia together; I never saw him before the day we were in the militia; I was in the foot-path.

SAMUEL STONE sworn.

I took him into custody the 5th of November, at the Rose and Crown, in Park-lane; I did not take him up for this.

JOHN JENKS sworn.

As I was coming out of my master's house, at Hammersmith, with a shop-mate along with me, we were going to dinner, it was between twelve and one, and the prisoner overtook us, and asked us if we wanted to buy such things as a silver stock buckle, a pair of knee buckles, and a pair of sleeve buttons; which I believe to be the things that are here; we asked him what he asked for them, and to the best of my knowledge, I think he said three shillings and sixpence for the knee buckles, and half a crown for the stock buckle, and eighteen pence for the sleeve buttons; we said very little to him; my shop-mate bade him a shilling for the sleeve buttons, and he said no; he would be d - d but he would go and pawn them for five shillings; I never saw him before that I know of.

JOHN COWLEY sworn.

I only know what this young man related to you; I was with the last witness Jenks; I bid him a shilling for the buttons, and he said he would go and pawn them for five shillings; I never saw him before; I cannot ascertain that these are the things, but the prisoner is the man that offered them to us.

PRISONER's DEFENCE.

I was drinking at the prosecutor's house, in the evening of the Sunday; I drank rather too much, and returned there the

next morning; I was rather sleepy, I followed him up stairs and laid down; I got up; I was out of work, and went to seek for work; I had a stock buckle in my hand, a metal buckle, and saw that young man in the field at work; I crossed over to him, knowing him, and asked him how he did, and so on; he asked me where I was going, I said seeking for work.

GUILTY .

Transported for seven years .

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

Reference Number: t17881210-49

49. ROBERT WARD was indicted for feloniously assaulting Ann Partridge , on the king's highway, on the 2d of December , and putting her in fear and danger of her life, and feloniously taking from her person, and against her will, a silk bonnet, value 3 s. her property .

ANN PARTRIDGE sworn.

About nine in the evening the watchman was crying nine, I came to Tavistock-street , and I was going to turn the corner, to cross Southampton-street, the prisoner stood at the corner, with his back against the shutters of a shoemaker's shop; I saw him stand, and I stepped as far to the edge of the pavement to shun him as much as I could; as I went to pass him he turned and met me, and he threw me down, and the bonnet, which I have here, he tore off my head, and I screamed as I fell down; the cap which I have here, is the cap I had on my head, it did not give way to come off so easy as my bonnet; it was torn in the manner you see; my bonnet was pinned with three steel pins, two of them gave way, the other was broke in half in my head; the man ran away with my bonnet in his hand; I called stop thief, he has got my bonnet; upon my calling stop thief, he returned again to the same side of the way that I was on; I believe it may be twenty yards off, he laid the bonnet bottom upwards, as it lays now, and then ran away; and then ran into Mr. Sansom's arms, who secured him.

Did you see him lay it down? - I did; then he returned to the contrary side of the way again, and was stopped by Mr. James Sansom, then, by this time that he was stopped, I had taken my bonnet in my hand, and I came up, and said, that is the man who has knocked me down, see in what manner he has used me, with my cap hanging in this manner; the watchman came up, and I said to him, take care of him; then he said, he was not the person, that he did not push me down, he did not offend me; to be sure he saw me lay there, but that he did not push me down; then he said, if I have affronted you, Madam, I ask your pardon; says I, young man, the affront you have put upon me, was it nothing else, I am determined you shall ask my pardon in another manner, such insults as these are not to be born; upon that he was taken to the watch-house.

What distance was he from you when you first saw him? - I might be as far from him as that gentleman who stands by the candle.

Did you know him before? - To my knowledge, I never saw him in my life.

Did you see him all the while? - He never was out of my sight from the time he took my bonnet, till I left him in the watch-house.

Then, upon your oath, could you be sure of the man? - Upon my oath I could single out that man from five thousand; he was never out of my sight.

You lost nothing else? - No.

Mr. Garrow, prisoner's counsel. Mrs. Partridge, he spoke of what he had done as an affront, which he begged pardon for? - Yes, Sir, and my words were, was it only for the insult, I would punish him.

Describe a little the manner in which you was thrown down? - I must, I suppose, Sir, be particular.

If you will be so good; it may be disagreeable; it at first had the appearance of an indecent attack upon you; of a rude and immodest attack? - Rather so.

You conducted yourself, as undoubtedly you are, like a modest woman, who did not chuse such an attack? - I did, it was done so instantly, I had hardly any time for recollection.

The first attempt was that which, unfortunately, modest women are subject to from low fellows in the street, indecently laying hold of part of your cloaths? - He turned round and met me, with one hand he stooped down and laid hold of my leg, with the other he laid hold of my clothes behind, and threw me down with the greatest force.

Recollect, and be so good to understand I am not questioning your veracity, tell what the charge was, that you made at the watch-house? - Perfectly well, Sir, I remember the charge I gave; I went with my bonnet in my hand, it was not in a state fit to put on; I waited there a full hour for the officer of the night; in which time I put my bonnet a little straight; I told him he had torn my cap, and had taken my bonnet away; and described the manner in which he took it, and brought it back; how they set down their charge I do not know.

Was not it knocking her down and otherwise ill-using her, the corner of Tavistock-street? - I believe it might.

Was not it treated as an impudent immodest thing in this fellow? - It certainly was.

Did it enter your head at all that this man intended to rob you, or did you charge him with a robbery? - I certainly did, or else I would not have called out stop thief.

Was you present when he was searched? - I never saw him searched at all.

Do you happen to know whether there were any weapons of any sort found upon him? - I never heard any thing of the kind.

He did not make any demand of money, or say any thing to you? - He did not speak a word to me.

Court. You say he ran across the street with your bonnet in his hand? - He ran across Tavistock-street, which I believe is about the width from where I stand to the window; upon my crying stop thief he returned again to the same side of the way, and about twenty yards from me, he laid it down on the pavement, and then returned to the contrary side of the way again.

There were people in the street, was not there? - My Lord, it was a snowy night, I walked very fast, I passed a gentleman and lady near the middle of the street, I believe they were behind me, they followed me to the watch-house door, but was not admitted; they were the only two people I saw in the street; Tavistock-street is not a very publick street at night.

Were the shops shut? - Yes, I believe they always shut up there at eight o'clock.

JAMES SANSOM sworn.

I was going down Tavistock-street, on the other side of the way, I heard a scream out, and saw a woman down; and I saw somebody run away from her; and she cried out stop thief; he immediately turned back from her again; I saw him stoop, but did not see what he had in his hand, nor what he did; he turned back to the same side of the way that I was coming down, and he ran close into my arms; I laid hold of him; says I, halloo my friend, stop; as I laid hold of him the lady came up, and the watchman, and she gave charge of him; I went to the watch-house with him.

Was he drunk or sober? - To all appearance he was very sober; the constable said to him, young man you seem very sober; he did not say a word to me, till she came down.

Mr. Garrow. He went very quietly with you to the watch-house? - He made no resistance at all; he was searched, nothing was found upon him.

He was talked to as a person that had behaved very indecently to a modest woman? - He certainly did.

JAMES LOWE sworn.

I live on Clerkenwell-Green, have known him ever since his infancy; a very good character; came of good parents; I guess he was disguised in liquor; his father did live in Drury-lane, he is dead; he was a coach painter, in a very capital way of business; the young man was of that business; I believe he worked with a Mr. W. Priest, of Bloomsbury, at this time; an an exceeding good character; the last thing I should have suspected of him is of a highway robbery.

WILLIAM PRIEST sworn.

I live in Thorley-street, Bloomsbury, a coach painter; the prisoner has worked for me near upon two years; I served my apprenticeship with his father; I have known him all his life time; he was in the country for seven or eight years; since he has been in town, about two years, he has been with me, worked for me, and lodged in my house; and being in the ornamental part of the business, he boarded in the house, and dined at my table; and had opportunities of being dishonest; he is as respectable and worthy honest man as ever I wish to be acquainted with.

Not a man likely to steal a bonnet by a highway robbery? - By no means in the world, it is a contradiction to common sense; he did business for me within three days; if he is discharged, I will employ him again to-morrow.

HENRY BAKER sworn.

I am a linen draper, in Pall-mall, I have known him from his infancy, he was always very sober and respectable; I visited at his father's; he was educated at a boarding school, at Bow; since which he has been at my house dining with me, and spending days with me; he was well brought up; and as far as ever I heard he has behaved very well; I have occasionally dined with him at my brother's, and he has dined with me.

- PAGE sworn.

I am a cork-cutter, in Bloomsbury; the prisoner has lodged at my house the last six months; I have known him about three quarters of a year; always bore an honest character, and kept good hours. I never got out of bed to let him in, in my life; he had no connections with loose people that I know of; and in my opinion would never be guilty of such a thing as this.

The prisoner called another witness, who gave him a very good character.

NOT GUILTY .

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

Reference Number: t17881210-50

50. JOHN WILLIAMS was indicted for stealing, on the 1st day of December , a pair of women's leather shoes, value 2 s. a pair of men's ditto, value 2 s. and a pair of leather pumps, value 2 s. 6 d. the property of William Molloy .

The prisoner was stopped offering the shoes for sale.

GUILTY .

Imprisoned six months .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17881210-51

51. ELIZABETH HENDIN was indicted for stealing, on the 10th of November last, a copper pottage pot, value 2 s. and a brass pot lid, value 1 s. the property of Isaac Knight .

The pot was taken from the prisoner, who was running away with it. The prosecutor was present.

GUILTY .

Imprisoned six months .

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

Reference Number: t17881210-52

52. GEORGE INNES was indicted for stealing, on the 24th of September last, two men's hats, value 9 s. the property of William Phillips .

WILLIAM PHILLIPS sworn.

I live at No. 24, Great-Wild-street ; I am a hatter ; I lost two hats in September; I found two duplicates of two hats; and I found the two hats at one Mr. Payne's, a pawnbroker, on the 5th of October.

(The hats produced and deposed to.)

Value 8 s. one marked Lyons, it is his hat sent to be cleaned; and the other is so remarkable I can swear to it.

The prisoner lodged at my house upwards of four months; and these hats were kept in the garret, where the prisoner lay.

WILLIAM HURSTON sworn.

I am a servant to Mr. Payne; I took in these two hats of the prisoner, on the 23d or 24th of September; I know him, and am sure he pawned them.

PRISONER's DEFENCE.

This is a malicious prosecution; I was employed by the prosecutor to carry home goods, and bring the stamps back again, to defraud his Majesty of his revenue; and I asked the prosecutor for a hat, and he gave it me; it did not fit me, and I changed it for that hat marked Lyons; I pledged the hats; the other was another man's, pledged the day before, it belonged to a man I worked with; he never saw it before: he has transported two men before; he will try to keep me confined, on account of the information; he laid a capital offence to my charge, a sham robbery, you never heard of any thing so scandalous; I came into the very neighbourhood to work after.

Prosecutor. I deny every thing he says about the information; we are as careful as possible.

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

Prosecutor. He had a very bad hat, and I gave him a decent looking one, from under the counter.

NOT GUILTY .

Tried by the second Middlesex Jury before Justice WILSON.

Reference Number: t17881210-53

53. WILLIAM MAKIN was indicted for stealing, on the 3d day of December , a trunk covered with leather, value 3 s. four quire and a half of gilt post paper, value 2 s. twenty-one quire of fool's cap, value 12 s. six quire of post paper, value 4 s. two quire of other paper called demy, value 14 d. five sheets of blotting paper, value 4 d. two copy books, value 7 d. two pound of sealing wax, value 8 s. one box of wafers value 3 d. eight balls of twine, value 6 d. one hundred and a half of pens, value 4 s. the property of John Robson .

The prosecutor saw a man take his trunk out of the shop and run away; he pursued, and saw him drop it; and the prisoner was afterwards stopped by another witness; but the prosecutor having lost sight of the prisoner, could not depose to him.

NOT GUILTY .

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

Reference Number: t17881210-54

54. SAMUEL SOLOMONS was indicted for stealing, on the 24th of September , thirty-six pounds weight of lead, value 6 s. belonging to Edward Rogers , and affixed to a certain house of Stephen Pender , against the statute .

EEWARD ROGERS sworn.

I only speak to the property; the lead was taken from a cellar that I rent; it is a laaden pipe, with a ball and cock fixed to it; the plumber is here that I employed for the purpose of putting it up; it was

fixed to the house, which belongs to Stephen Pender .

JOSEPH WRIGHT sworn.

I am a watchman; I found the prisoner behind Aldgate workhouse gate, and he said, you old bloody b - r you must find your way out here, and took a short stick from under his coat; my partner came up, and we took another man that ran away; the leaden pipe stood behind the prisoner; the prisoner ran into Meeting-house-yard, and hid himself behind a necessary.

Hugh Douglass , another watchman, and the constable of the night, confirmed the above.

(Deposed to by Mr. Askew, the plumber and Mr. Rogers.

Prisoner. I did not take it.

The prisoner called two witnesses to his character.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17881210-55

55. JOHN DOVDY was indicted for stealing, on the 30th of October , forty pounds weight of leaden pipe, value 5 s. belonging to Walter strictland , affixed to a stable of his, against the statute .

The prisoner was taken by the watchman, with the pipe, and carried to the watch-house.

(The lead produced and deposed to.)

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17881210-56

56. JAMES GOOD was indicted for stealing, on the 8th of December , a pair of men's leather shoes, value 5 s. and one man's leather shoe, value 12 d. the property of John Sharp .

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17881210-57

57. EDWARD SMITH was indicted for stealing, on the 25th day of November last, six shirts, value 20 s. a pair of corduroy breeches, value 20 s. three pair of cotton and worsted stockings, value 2 s. two handkerchiefs, value 1 s. two aprons, value 1 s. the property of William Probyn .

The prisoner came backwards and forwards to the prosecutor's house; and soon after the things were missing, the prisoner pawned the things.

Prisoner. I found the things.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Justice WILSON.

Reference Number: t17881210-58

58 THOMAS ALEXANDER was indicted for stealing, on the 1st of November ; one iron hand saw, value 2 s. the property of John Swift .

GUILTY .

Whipped .

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

Reference Number: t17881210-59

59. PATRICK FLANNAGAN was indicted for stealing, on the 8th of October , one pair of men's leather shoes, value 2 s. three upper-leathers for shoes, value

3 s. a pair of soles, value 1 s. a cloth coat, value 5 s. and other things , the property of Conrad Speckman .

ROBERT HOLMES sworn.

The prosecutor and me live in the same house; on Sunday night, between twelve and one, I heard a noise below; I looked into the area, and I saw two people busy; I heard one say to the other, you make haste in again, and get all the shoes you can, and all the working tools; I called out what are you about; the other man ran away immediately; then I called out, stop thief, and watch; and the watchman came immediately.

DAVID HAYNES sworn.

I am the watchman; I took the prisoner the upper end of Black-Jack-alley, by the prosecutor's door; the man was concealed in a little place, just by the door; the coat was spread, and the articles were in it.

(The things produced and deposed to.)

PRISONER's DEFENCE.

I was coming along that night, and I was very much disguised in liquor, I laid down, and I dropped asleep; and when I awaked, it was with the noise of calling the watch-man; he asked what I was doing there; I did not know what to do.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17881210-60

60. ANN SMITH and MARY HALL were indicted for stealing, on the 16th of November , a silver watch, value 20 s. the property of Henry Lacey , privately from his person .

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17881210-61

61. HENRY JOSEPH was indicted for stealing, on the 26th of November last, a pair of linen sheets, value 3 s. a pillow-bier, value 6 d. the property of David Hyams .

The prisoner was taken with the sheet and pillow-case under his arm.

GUILTY .

Transported for seven years .

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

Reference Number: t17881210-62

62. WILLIAM GOODMAN was indicted for stealing, on the 26th of November , a silver cross-stand, value 3 l. the property of Dame Sarah Asgill .

The prisoner was found by the butler on the area steps; he pretended he came to sweep the chimney; the butler immediately missed the silver cross, and pursued the prisoner, and found it under his waitcoat.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17881210-63

63. FRANCIS BUNTING and ANN GALLANT were indicted for stealing, on the 2d of December , two pair of linen sheets, value 30 s. two pair of linen pillow-biers, value 3 s. a cotton sopha cover, value 10 s. two table cloths, value 8 s. a large table spoon, value 12 s. two silver tea spoons, value 2 s. and one pair of silver tea-tongs, value 5 s. the property of Mary Underhill .

MARY UNDERHILL sworn.

The woman at the bar came to take my lodging, for her master and mistress, a gentleman and lady, and an interpreter; I did not know her before; she came the 2d of this month; they are foreign people; the interpreter is the man prisoner: she said they were at the French hotel, Jermyn-street; and the day before she came to make the fires, and air the rooms; and the lady and the interpreter came the Wednesday evening after; the woman prisoner ordered in coals; I went up stairs with them, and gave them an inventory of the linen and plate; they were only four days with us; on Sunday evening the lady and the interpreter went away; on Monday morning the servant came to me, about nine in the morning, and said, did you hear my master or mistress go out last night? I said no; she said, God bless! they have not been in bed to night; I went up, and there were no sheets on the bed; I looked about when I opened the door, and found the key of the drawers, which was locked, and all my property, that I delivered, was gone; I stopt the servant maid, and sent for a constable; and before the Justice she told me where the interpreter was, and he was taken also; the interpreter and the woman servant, confessed without promise of favour.

Mr. Akerman. The man prisoner says he can speak a little English, but cannot properly pronounce it so as to be understood.

Jury. Is the prisoner the same man who called himself the interpreter? - Yes, he is.

Court. In what way did he talk English, when he spoke to you? - Very well.

To the woman prisoner. Can he talk English? - Yes; very well.

- SHAW, ESQ. sworn, (as interpreter.)

Court to prisoner. You went to the house of the prosecutrix with the prisoner, and you and the lady went away on the Sunday evening? - Yes, the lady did; I did not go with her.

Then she says, she missed several things on the Monday morning out of the house; and that you was afterwards taken up by her? - Yes.

Will you ask the prosecutrix any questions? - No.

THOMAS DALTON sworn.

I am an officer belonging to Litchfield-street; I took the man prisoner into custody; the woman told me two or three places where she thought it most likely I should meet with him; first to the French coffee-house, in Jermyn-street; she said she was chair-woman, and called out to hire a lodging; they denied knowing any thing of either of them; she was with me coming from here to Litchfield-street; she mentioned a French hair-dresser's in Peter-street, where we took him in custody; I left him with my brother-officer; the woman called me aside, and told me, as we had found him, we should know where the things were; we made her no promise; I took her down stairs to a place below, and wrote down several things, where they were at the different pawn-broker's; he would not speak English till I put him into the watch-house, and then he spoke it as clear almost as I can; I took the woman with me after I put him in the watch-house, to the different pawn-broker's where she led me, where I found the things which are in court; I took her back to the watch-house, and afterwards took them to Litchfield-street, where the magistrate ordered they should be kept till the morning, in order to find out the other woman; there was a constable belonging to the office that could speak French; and the prisoner then pretended he could not speak French; I went to the pawn-broker's by his directions, and I could not find the tea-tongs and spoon; but on Tuesday morning, the 3d, I took him out with me, and he went to a pawn-broker's, where we did find them; on the same Tuesday morning, we took the prisoner before the magistrates, and the things were sworn to; I searched both the prisoners, and found some duplicates which do not relate to this business.

JEREMIAH MILES sworn.

I am a pawn-broker: on the 28th, the prisoner, Bunting, brought to me these pair of tongs and a table-spoon, for 12 s. 6 d.

(Deposed to by the prosecutrix.)

JOHN BROWN sworn.

On the 28th November, the woman prisoner brought these things to pledge with me; two pair of sheets, a sopha-cover, two silver tea spoons, and a table-cloth.

(Deposed to by the prosecutrix.)

The prisoner said she brought them for a Mrs. Wilmot.

JOHN CARTER sworn.

I lent the man-prisoner 1 s. on this small table-cloth; he asked for it in English; some of these things were brought by both the prisoners; they came and took some things out that were pawned about two or three days before; I do not know which of them pawned them.

- WATSON sworn.

I am a constable; I took charge of Gallant, the woman.

PRISONER's DEFENCE.

The lady asked me to carry some things, I did, and afterwards I refused her, with that she sent this man with them, and he pawned them; I always gave my Mistress the money.

Court to prosecutrix. What name did the lady go by? - She gave me the name of

Chessup; they went by a number of names.

Court to Miles. In what name was the spoon and tongs pawned? - In the name of Marswick; he then spoke English so as to be understood; he told me they were his own property.

PRISONER BUNTING's DEFENCE.

I received the spoons and the tongs from the lady; I lived with her as a servant; her name was Chessup; I always gave her the money.

To Prosecutrix. Did you ever hear that this lady went by the name of Marswick? - No.

The prisoner, Bunting, called one witness to his character.

BOTH GUILTY .

Each transported for seven years .

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

Reference Number: t17881210-64

64. JOHN NICHOLLS and FRANCES MIDWIFE were indicted for stealing 3 s. 6 d. the monies of Richard Smith , October 11th .

The prosecutor was called on his recognizance, and not appearing, the prisoners were BOTH ACQUITTED .

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

Reference Number: t17881210-65

65. JOSEPH NOTTING was indicted for stealing, on the 8th of November last, a cloth coat, value 25 s. a silk and cotton waistcoat, value 10 s. a pair of breeches, value 16 s. a linen shirt, value 4 d. a silk handkerchief, value 2 s. an half handkerchief, value 1 s. two pair of thread stockings, value 3 s. a mariner's quadrant, value 40 s. and a spying-glass, value 40 s. the property of William Newby .

NOT GUILTY .

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

Reference Number: t17881210-66

66. CHARLES WILLIAMS was indicted for stealing, on the 3d of November last, one half-crown piece, 2 s. and two six-pences property of Peter Root .

The prisoner was taken in the prosecutor's shop by his wife, taking the money out of the till.

GUILTY .

Whipped .

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

Reference Number: t17881210-67

67. JOHN MARTIN was indicted for stealing, on the 25th of November last, a live cock, value 18 d. the property of Jane Cox ; and on the 28th of November, two live hens, value 2 s. her property; and on the 1st of December, a mahogany tea-chest, value 18 d. her property .

GUILTY 10 d .

Transported for seven years .

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

Reference Number: t17881210-68

68. JOSEPH COLLINS and EDWARD FARREL were indicted for stealing, on the 4th of December , a looking glass, value 20 s. the property of John Watson .

The prisoner Collins was taken with the glass directly after it was lost.

JOSEPH COLLINS , GUILTY .

Transported for seven years .

EDWARD FARREL , NOT GUILTY .

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

Reference Number: t17881210-69

69. WILLIAM GREEN was indicted for stealing, on the 26th of November , three live sucking pigs, value 13 s. the property of Thomas Wager .

NOT GUILTY .

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

Reference Number: t17881210-70

70. RALPH GRAHAM was indicted for stealing, on the 10th of November , eighteen ounces of raisins, value 6 d. two glass bottles, value 6 d. half a pint of Madeira, value 9 d. a gill of catchup, value 2 d. a stone jar, value 2 d. two ounces of honey, value 1 d. half an ounce of cinnamon, value 1 d. and four ounces of citron, value 4 d. the property of George Pressey .

The prisoner was porter to the prosecutor, and was stopped going out at night with the raisins and the sugar under his coat; and the rest of the things were found at his lodgings.

GUILTY, 10 d .

Imprisoned Six Months .

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

Reference Number: t17881210-71

71. JOHN HAMILTON was indict- for stealing, on the 5th of November , a looking-glass, value 10 d. the property of John Anthony .

GUILTY .

Whipped .

Tried by the second Middlesex Jury before Justice WILSON.

Reference Number: t17881210-72

72. BARTHOLOMEW BURNE was indicted for stealing, on the 4th of December , one earthen jar, value 5 s. one wicker basket, value 1 s. and twelve gallons of oil, value 10 s. the property of Charles Wilkins .

CHARLES WILKINS sworn.

I can only prove the property.

JOHN OLIVER sworn.

I was going along Tower-street the 4th of December, between six and seven in the evening, I saw the prisoner standing at the corner of Seething-lane, with a jar of oil on his shoulder, which was broke, and running down his back; he asked a lamplighter to help him down, and he would not; I helped him down, and asked him where he got it from, and he said from the Ticket; I did not know what he meant; I persuaded him to take it back, and then I left him; I went on about two hundred yards, and returned back, and found the prosecutor's porter enquiring after a jar of oil; I assisted in searching for him; I went with another man of Mr. Wilkins's; we found him by the bar of Tower-dock, with the jar; Mr. Wilkins's man and a watchman took him back to Mr. Wilkins's; and me and another took the jar of oil back.

MARTIN INGRAM sworn.

I am a waterman; I assisted in taking the prisoner; he had the jar of oil, and wanted to put it in a cart; he struck the other man that was assisting in taking him.

JOHN LONGWELL sworn.

I am a servant to the prosecutor; I went with John Oliver , and we brought the prisoner and the oil back, and delivered him to Holmes the constable: I know the jar, because I marked it; it was in the ware-house the same day.

PRISONER's DEFENCE.

Going along, I met two men on the curb-stones, who asked me to carry this jar of oil to Houndsditch; going along my foot slipt, and I let it fall, and broke the mouth of it; then I asked a lamplighter

to assist me to help me down with it; he refused, and then the young man helped me down with it; I never was in a gaol in my life before; I have a wife and three small children; the men wanted to take the oil into a public-house, and I pushed one of them away; I never struck.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17881210-73

73. SARAH RAY was indicted for stealing, on the 9th of December , a linen shirt, value 10 s. 6 d. the property of Charles Cunningham .

The prisoner came into the room of the prosecutor's sister, and took the shirt mentioned in the indictment which was pawned by her at Mr. Shenazy's, who produced it, and it was deposed to.

Prisoner. She gave me the shirt to pawn.

Mrs. Cunningham. It is false.

The prisoner called one witness to her character.

GUILTY .

Imprisoned six months .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17881210-74

74. ESTHER CURTIS was indicted for stealing, on the 20th of August last, a satin waistcoat, value 12 d. a pair of nankeen breeches, value 12 d. a pair of corduroy ditto, value 18 d. a pair of cotton stockings, value 12 d. a velveret waistcoat, value 12 s. a linen waistcoat, value 6 d. a pair of cloth breeches, value 12 d. another pair of ditto, value 6 d. a cloth waistcoat, value 2 s. and one shirt, value 2 s. the property of Charles Marsh :

CHARLES MARSH sworn.

On the 20th of August, I got up in the morning about a quarter before five, and went into the yard; I heard a woman's voice in the necessary, and the prisoner came out; she said she was in liquor, and had slipped in the night before, and fell asleep on the stairs; Mr. Blair, who lives in the same house, came out; we questioned her, and let her go; when I came up stairs, I missed the things in the indictment; on the 21st of last month, I found the same person at my door, without her shoes; I took her into custody; she enquired then for a strange name; I knew her immediately, and sent for Mr. Blair, who knew her also; I never found any of my other things again, but those that were taken out of the necessary.

JAMES BLAIR sworn.

Deposed to the same effect, and added, that he heard a foot go softly up stairs, and come down again harder, on the night before the 19th of August, when she was found in the morning in the necessary.

PRISONER's DEFENCE.

I was going through Cranbourn-alley, and I met a man; he gave me a crown, and told me to go to his lodging, at the prosecutor's house, and to open the door softly because his landlady was ill; at the door he told me to take off my shoes while he went to get a bit of candle; and they came and took me.

GUILTY .

Transported for seven years .

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

Reference Number: t17881210-75

75. JOHN CONNER and THOMAS SMITH were indicted, for that they, on the 16th of November last, thirty pounds weight of lead, value 3 s. belonging to George Russel , and George Russel the

younger , affixed to a certain building of theirs, feloniously did break, with intent to steal .

WILLIAM STOKES sworn.

I know the buildings belonging to George Russel and George Russel the younger, in the parish of St. Ann , in order to describe it, it consists of a large set of ware-houses and a dwelling-house adjoining, unoccupied, held on lease by Mr. George Russel the father and son; at the east end of these premises, is a garden enclosed with a high paling, and at the west end, is a stable-yard, inclosed with a wall, and in that stable-yard is a small dwelling-house, in which lives a person, whose name is Palmer, and his family; I live in a house adjoining to them. On the 16th of November last, between the hours of seven and eight in the evening, Palmer sent word to me, that he heard the noise of people on the premises; I immediately went to the publick-house to collect some working people; and in the room, I saw three men in sailor's jackets; I went backwards to the publican and enquired about them; and we went with a gun and some people, and the watchman; and me and another took one man in the garden, that was Conner, and another let himself down from a roof into the garden, that was Smith: we took them to the publick-house; and I took Conner into a room, and he cried very much, and said it was the first time; I did not promise him any thing; he said there were six in the gang, but three worked at a time, and the other three were at the publick-house; (them were the men I saw in sailor's habits) then I called in Smith, he would not tell me any thing; then we took them to the watch-house; and on Monday I went with Mr. Palmer, and saw the first gutter was stripped of every bit of lead, which was half a ton, and part of the next gutter was stripped, and another part loosened ready to cut off; and we found another man in the chimney, and sent for the officer of the parish to take him up, and the man was dead: Conner and Smith had no lead about them when we took them; I had not been to the top of the house lately.

HENRY PALMER sworn.

Confirmed the above account, and said, when they went, he saw three men run up the tiling out of the gutter.

WILLIAM WALTON sworn.

I heard the cry of thieves; I went out, and saw Conner slip off the lentvo; I took him, and assisted taking another, who was without stockings.

Court to Stokes. Did you observe any lead cut off? - I did; it was as fresh cut as possible.

WILLIAM JOHNSON sworn.

I was in the publick-house when the alarm was given; I ran down and assisted taking the prisoners, and on Smith I found this knife; he had trowsers on, but no stockings.

John Jones , the watchman, confirmed the other witnesses as to the story, but could not be certain of the prisoners; he assisted in taking the dead man out of the chimney.

PRISONER CONNER's DEFENCE.

I was coming from Blackwall between eight and nine o'clock, and passing by this place I heard a cry of thieves; I went to look about, and they sung out, there is one of them; I jumped into the garden, and they came and laid hold of me.

PRISONER SMITH's DEFENCE.

I had been down to Blackwall to a ship, and was coming up again; I laid there the night before, and I came there to lay again, and the people cried thieves; and I went to get up, and they said there is one, shoot him; I went to get over the pales

and he cut at my fingers, and I went back again.

JOHN CONNER , GUILTY .

Transported for seven years .

THOMAS SMITH , GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Justice WILSON.

Reference Number: t17881210-76

76. THOMAS JONES was indicted for burglarously and feloniously breaking and entering the dwelling house of John James , Esq . about the hour of five in the night, on the 5th day of December , with intent his goods, chattels, and monies, then and there being, burglariously and feloniously to steal .

THOMAS JOHNSON sworn.

I am son in law of Mr. James, New-End, Fulham : on Friday morning, between seven and eight, I was informed by the servants, the house was broke open; there was nothing lost: there was a room I kept to myself, when I entered that room the window was open, it was a sash half circular window, pulled to at top, it has no fastening, only pulled close at top; I am sure it was shut over-night; it was up one pair of stairs, covers the laundry; there were no shutters to that part of the house.

Court. When one half of the sash is pulled to, is the other half large enough for a man to get in? - I do not think a man could get in, but a boy might; there was nothing gone out of that room; I proceeded to the next room, and then to another, there I saw the drawers of the bureau were driven out, and his clothes pulled about; there was a wooden box which had been locked, was broke open, and the shirts and stocks that were in it pulled about, but nothing gone; I went into the yard and saw the ladder taken out and put against the next window to mine; it was the same sort of window; in the farm yard we found the cow-house door open, and the lock of the gardiner's tool-house was burst open, from whence the ladder was taken; I saw nobody about the house overnight, but between eleven and twelve o'clock when I went to bed the dog barked very much; the prisoner had lived in the family; when the prisoner was taken and going to the justice, he stepped aside to speak to me.

Was there any promise or threatening used to him? - No, it was by the Adam and Eve, at Kensington; he said, Thomas, I hope you will not hurt me, I was drunken and foolish and did not know what I was about; I have done no harm, I have taken nothing away.

Mr. Garrow, prisoner's council. Explain what this place is; it is the outhouse, is it? - No, it is adjoining to the house, it is part of the mansion.

How long did this man live in the family? - About seven months; he left us about February last.

Did the prisoner bear a good character? - But very indifferent.

Not dishonest? - No.

Drunken and foolish? - Yes.

Did the prisoner tell you who had been making him drunk? - No.

GEORGE TOVEY sworn.

This prisoner called me out of the Red Lion, Ealing, on Thursday night, the 4th of this month, and asked me if I wanted any money; I said no; he said I should have two shillings; and he lent me two shillings; he called me out of doors again, and asked me if he could trust me with a secret; I said, I do not know that you can; he said he was going to break a house open that evening; that there was plenty of things; this was about seven; I went and told a king's officer of it in the house, the same night; he asked me to go with him; the officer's name is Taylor, a constable, at Ealing.

Had you been much acquainted with him before? - No, I knew him when he was coachman at Ealing; there were two

men in company, one is soldier, and the other a day labouring man; he went to another publick house, the Rose and Crown, staid there half an hour, and from thence to Brentford, I went with him, by the constable's orders the constable had taken the other two men, that were with the prisoner, but he did not know that; I did not go with him to the house; he went to Brentford, and from thence in Turnham-Green, and from there to Hammersmith, and at the Coach and Horses he gave me sixpence, to buy the dog some liquor; I gave it to the constable; he jumped over into the garden; I went and entered the garden with him, and then gave a signal for the other man to come up; he said, d - n your eyes, if you do not stand staunch to it, I will cut your throat; he jumped over into this garden, and we saw no more of him; we staid till about two; I believe the garden he jumped into, was about two hundred yards from Mr. James's house.

Mr. Garrow. What are you? - look to those gentlemen? - I am a hard working man; I have a wife and family to maintain.

What business? - I have been a postition.

There has been a great many robberies in the place where you live? - A great many.

There was a reward of ten guineas for taking any of these people? - Yes.

Perhaps a pardon to any accomplies? - I did not know any thing of that.

WILLIAM TAYLOR sworn.

The constable confirmed the last witness in part of his story, as to his informing him of the robbery, and going with him.

JAMES STEVENS sworn.

I live with Mr. James; I got up on this day, between five and six, and I heard a rattling of some body over-head; when I went below, it was not light, I had a candle and lanthorn, I saw the ladder against, the window that goes into the gardiner's apartments; I went back and acquainted the gardiner, and went with him into his room and saw it broke open, and the things laying about.

JOHN CARE sworn.

The gardiner confirmed the above account.

JOHN REDFIELD sworn.

Deposed, the prisoner asked him, at the Red Lyon, to go along with him, but did not say where, or what about; but he abused him, and ran a stick in his face, because he would not go with him; he told the constable his suspicions, and went with the constable; the prisoner was sometimes near them, sometimes before; then he went into a garden, and the witness and constable followed him; and he went over into another garden, and they waited till two, and he did not return; and saw no more of him till he was taken.

Prisoner. I was so drunk I did not know where I had been.

FOR THE PRISONER.

JAMES HENLEY sworn.

I keep the Seven Stars and Half Moon, at Hammersmith; I remember seeing Tovey at our house, in company with the coachman, they had only a pint of porter; the coachman was very drunk indeed; it was about ten; I wanted him to go to bed, and the other dragged him out of that house, and said he should go with him; I wanted him to go to bed, or he should not lodge with me any more; he had lodged with me; I have sent him out for change, and he has brought it very honestly; the prisoner had a good character; the other had not; the prisoner would have staid all night, if Tovey had not dragged him out; the prisoner was then in employ in the gardening way, and lodged with me.

The prisoner called two reputable witnesses, who gave him a very gond character.

William Haywarden , who keeps the New Inn at Great Ealing, deposed, he had known Tovey seven years, and was obliged to put him away about ten days before the trial, for being idle, drunken and saucy; that he was not to be trusted on his oath; would do any thing for money; and would say any thing almost for a little pelf.

Another witness deposed to the same effect of Tovey, and gave the prisoner a good character.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17881210-77

77. ELIZABETH BIDDLECOMB was indicted for stealing, on the 30th of October , two pillows, value 12 d. a bolster, value 2 s. a pair of sheets, value 4 s. a linen counterpane, value 8 s. a fire shovel, value 12 d. a pair of tongs, value 12 d. a pair of bellows, value 9 d. a wooden pail, value 6 d. a print, value 12 d. a mahogany tea board, value 12 d. the property of John Jeremiah Whitmarsh , let to her by contract, with a lodging .

NOT GUILTY .

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

Reference Number: t17881210-78

78. ANN ( wife of John) BRADY was indicted for stealing, on the 11th of November last, a linen bed quilt, value 2 s. a pair of sheets, value 4 s. the property of Ambrose Thornhill , let to her by contract, with a lodging .

There being no proof of her being the wife of John Brady , she was ACQUITTED .

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

Reference Number: t17881210-79

79. ANN BONE otherwise SMITH was indicted for stealing, on the 18th of August last, two cotton gowns, value 16 s. one silk gown, value 10 s. two clocks, value 16 s. one shift, value 1 s. one pair of satin shoes, value 2 s. three caps, value 3 s. one handkerchief, value 4 s. another ditto, value 1 s. the property of Elizabeth Setch , spinster , in the dwelling-house of John Tranter .

The prisoner's sister lodged in the same house with the prosecutrix, and was taken the evening of the robbery with the prosecutrix's apron on her; the other things were never found.

The prisoner was seen going up stairs, just before the things were missed.

GUILTY of stealing the apron .

Transported for seven years .

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

Reference Number: t17881210-80

80. EDWARD ANDERSON otherwise ATKINSON was indicted for stealing, on the 27th day of November last, fifty-five pounds weight of Russia tallow, value 20 s. the property of Thomas Orr .

The prisoner was taken coming over the prosecutor's paling with the tallow.

GUILTY .

Transported for seven years .

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

Reference Number: t17881210-81

81. THOMAS CARTER and JOHN AIKEN were indicted for feloniously stealing, on the 30th of November , three cloth coats, value 20 s. two cloth great coats, value 20 s. two blankets, value 6 s. one bed quilt, value 2 s. one sheet, value 2 s. a pair of velvet breeches, value 5 s. a

telescope, value 10 l. a quadrant, value 5 s. the property of Florence Mahoney ; a pendant, value 6 d. one ship's ensign, jack, and two pieces of canvas, value 1 s. a looking glass, value 4 s. a copper firepan, value 6 d. a pair of stilliards, value 6 d. the property of James Thompson , in a certain ship, called the Friendship, on the navigable river of Thames .

FLORENCE MAHONEY sworn.

I lost the sundry articles mentioned in the indictment; these things, that were mine, were in my state room, on board the ship; I saw them about a week before the 30th of November, and on that day they were taken; I had a great many articles out of my vessel, in the boat, at the time; they were the property of James Thompson and me; we were concerned in the vessel together.

(Mentions the things laid to be their joint property.)

I have seen the things again, and know them.

JAMES THOMPSON sworn.

On the first of December, in the morning, about six o'clock, I came home; it was the Monday morning, my servant informed me, that my vessel had been broke open and robbed; I am in the piloting branch, and I had been down to Gravesend; I came on shore close by where the ship lay, which was at Wapping Old-stairs; I did not go on board the ship till, I believe, about nine or ten; when I went on board, I saw the companion broke, the state room was broke open; I saw the captain's chest, that was broke open; the master of the vessel, is Florence Mahoney, we were part owners; the articles that are mentioned in the indictment I saw in their places, as my servant had put them.

ROBERT WILLIAMS sworn.

I am chief mate of the ship; and I went on shore, on the 30th of November, between one and two in the afternoon.

What day of the week was it? - The Sunday night; I locked up the companion when I went on shore; and found it broke open; I staid on shore four or five hours; I left nobody on board.

What time did you come back? - About seven; I went out between one and two, when I came back, I heard a rattling in the cabbin; I went as far as the companion; and I saw the companion was broke open; directly I went on board the other ship, and I saw two of these lads jump out of the cabbin window.

Was not it dark? - Yes, very dark; indeed.

What distance was you, when you was on board the other ship from the cabin window of your ship? - She was close along side the other ship, I suppose it was about as far as from here to your Lordship, not further, I sung out, yaw haw, who's there? I was on board the next ship, and I sung out, thieves, thieves.

Was there any body on board the next ship? - Yes; and John London run round from the stairs, and catched Thomas Carter , that is one of the prisoners; I saw him catch him; I was near enough to see him.

Had the lads that leaped out of the cabbin window ever been out of your sight before London caught Carter? - No.

Then you are quite sure that one of the persons that jumped out of the cabbin-window was Carter? - I saw two people jump out of the cabbin-window, and there were nobody caught in the mud but the two prisoners; I never lost sight of them before Carter was in custody.

Are you quite sure that he was one that jumped out of the cabbin-window? - No.

What makes your doubt about it, if he was always in your sight? - He was not out of my sight till he was taken; I am sure that Aiken was one of them; I had not lost sight of either of them; I think it is the same; I saw London carry him away to the watch-house; I stood in the boat.

Are you quite sure that the same person that London took up was one of those that

leaped out of the cabbin-window? - I think it must be one, as there was nobody else; I never had my eye off them.

You said, nobody else, and never had your eyes off the person, and saw London take him? - Yes; they leaped right into the mud.

What became of the other? - I do not know what became of Aiken; he jumped right out of the cabbin-window, and held fast by the boat where the property was; and Charles Moss took John Aiken ; I was close by him, and saw him.

Have you any doubt whether Aiken was one of the persons that leaped out of the window? - He had a long coat.

Are you sure that Aiken was one that leaped out of the window? - Yes.

Whose boat was it? - It belonged to the lieutenant of the brigs it did not belong to our ship; the things in the indictment were in the boat; (describes them) and there was the furniture of the ship, and a jack ensign pendant, two pieces of canvas, a looking-glass, and a pair of stilliards, and a fire-pan; and the other boy handed them on board; and then I saw the companion-bow broke open, and the captain's chest broke open.

JOHN LONDON sworn.

I am a waterman: on the 30th of November, I was upon the watch at Wapping Old-stairs; I heard an alarm of thieves; I had my boots on, and I run through the mud; it was about seven in the evening; the first person I saw was Carter; he was paddling in the mud with his hands, to get on shore; I was over my boot-tops, and I could not get at him; Mr. Taylor, the blockmaker's servant, brought me a staff, by the assistance of which I caught hold of Carter by the collar, and I dragged him on shore; I just got him to the end of Mr. Hailes's rails, and I saw Aiken jump out of the cabbin-window; after I had got Carter on shore, I was going to carry Carter to the watch-house, and just as I was going, Charles Moss came round with the boat, and he caught the other with his hands; I was in the mud; I saw Moss shewing the boat into the mud, where Carter was paddling in mud, and where Aiken jumped out of the window; I saw him above the boat about the place where they were paddling in the mud.

You saw a person jump out of the cabbin-window, when you had Carter in custody? - Yes; I was much about the distance of you to me; I was close to him, I could not go farther in the mud without being smothered.

It was a dark night? - It was dark, but there was plenty of lanthorns and candles, on the cry of thieves.

Can you undertake to say that Aiken was the other person? - I cannot, I did not think it, but I saw a person jump out of the cabbin-window, and lay hold of the gunnel of the boat.

CHARLES WALSH sworn.

On the 30th of November, on Sunday evening about seven, I heard the alarm of thieves from Wapping Old-stairs causeway, I saw John London in the mud; I took a boat from the stairs, and rowed round to the stern of the Friendship, and I saw John Aiken hold fast by a boat in the mud; I took him by the collar, and desired him to get into the boat, he immediately got in, and I rowed him on shore to Wapping Old-stairs, and took him to the watch-house, and gave charge of him.

THOMAS COLE sworn.

I am the constable; this prisoner was delivered into my custody that night between seven and eight, to the best of my knowledge; I received the property on the first of December; I went on board to fetch part of them; there was a deal left behind, that was taken away; the captain delivered that part of the property to me that I brought away; his servant boy was with him, and another.

(The things produced and deposed to.)

Cole. There are the things that were

delivered to me in the cabin.

Court to Mr. Roberts. You were present when all the things were delivered to Cole, in the cabbin? - Yes.

Were all the things that were delivered to Cole in the cabbin, things that were put out of the boat into the ship? - They had been removed and carried back again.

(Deposed to by Mr. Mahoney and Thompson.)

Prosecutor. These are not a tenth part of the things that they had; there are no particular marks upon them, but I know them; I know the coat by the buttons; there is on the quadrant, John Goater , maker; I have had it these twenty years; the spy glass I am very confident of.

PRISONER CARTER's DEFENCE

I was on board of a ship called the Joseph, a West India-man, all day; coming on shore between six and seven, both being in liquor, we slipped off the ship, into the mud, both this other lad and me.

PRISONER AIKEN's DEFENCE.

I was on board a vessel; as I was coming over the tier, I saw this lad a little in liquor, and in the mud; I was coming to help him, and I fell in myself; this gentleman came and took me; I know nothing of the affair; I am a stranger in the place; I was left on shore sick, in a vessel from Scotland.

Court to London. Did you see the man jump out of the window of the cabbin of the ship? - Yes, I saw John Aiken jump out.

Was that the same man that was taken into custody? - I did not see him take him.

Was that man that was down in the mud, the man that leaped out of the cabbin window of that ship? - The Joseph had been gone away from the tier a fortnight; she was not there at that time.

THOMAS CARTER , JOHN AIKEN ,

GUILTY , Death .

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

Reference Number: t17881210-82

82. SOLOMON BOCKERAH and ROBERT HOBBS were indicted for burglariously breaking and entering the dwelling house of James Pinkinton , about the hour of seven in the night, on the 1st of November last, and burglariously stealing one piece of velveteen, containing thirty-nine yards, value 8 l. 4 s. his property

JAMES PINKINTON sworn.

On the 1st of November, about seven o'clock in the evening, I and my man were in the shop, the door was then shut, and upon the latch; the prisoner, Bockerah, came, and he then put his hand in at the door, after having unlatched it, he and two or more persons rushed in and took away a piece of velveteen; there were, I believe, two more of them; I only saw their hats; I am sure Bockerah was one; he held the door quite open with his hand, and seemed to stand between me and the velveteen, so as to keep me from seeing him; he asked for a halfpenny worth of thread; he put his hand in his pocket and rattled some halfpence, and said he did not know whether he had enough to pay for what he wanted; then they took the velveteen and ran away; I did not see which way; Bockerah shut the door, and I could not get round the counter fast enough, before they went out; we took Bockerah into custody; Bockerah stood between the other men and me.

Mr. Peat, prisoner's counsel. How far was you from the door at the time? - About four yards.

Are you sure the door was latched? - Yes, I am sure, because it goes with a spring.

Did you look particularly at the door yourself? - No.

Court. When Bockerah came in, did you perceive him open the door? - Yes.

Mr. Peat. What did he say he wanted when he came in? - He said a halfpenny worth of brown thread.

Did he say any thing to the other two? - No.

Then for ought you know he might have been a stranger to them? - Yes, he might.

Then after the other two went out, he staid to get his thread? - I believe he staid to keep me in.

You told me this moment he shut himself in; how long did he take to shut the door? - Not long, he could not get out himself, I followed him so close.

THOMAS WHITHERS sworn.

On the 1st of November, I was sent for to Mr. Pinkinton's; and when I went into the room, I saw Bockerah; I went out to get assistance; and I sent for a coach and put him in, and going along the coach door was opened on the other side, and they pelted us with large stones; and going up Houndsditch, they cut the traces, and the coachman could not drive us any further; we took Bockerah out and another; the constable assisted, he was cut across the face; then I got the assistance of another, and we took him into custody; I found this velveteen at Mr. Clarke's, a pawnbroker, and have had it ever since.

ABRAHAM ABRAHAMS sworn.

I was concerned in this; me, Hobbs, Bockerah, and Bell, went out at night, the 21st of November, with intent to get some money as well as we could; we were out between seven and eight, but we met with no success; then we went towards home; coming along Leadenhall-street, I met with an acquaintance of mine, near the Five Lamps; and coming home afterwards, they shewed us a roll of velveteen; I went to my own room, and then I went to Hobbs's, and found them there; Bockerah was in custody; I knew nothing of him but what they told me.

WILLIAM COWARD sworn.

I was servant to Mr. Pinkinton: between seven and eight, the first of November, the prisoner came in with the view of the purchase of a small commodity; the door was upon the latch; he opened the latch.

Are you sure of that? - Positive of that.

Did you see any body else so as to know them again? - No, I could not; I stopped Bockerah immediately.

Do you know any thing of the other prisoner, to your own knowledge? - No, I do not.

Mr. Peatt. Did you observe whether the person that went out last, shut the door? - Yes, I am positive it was shut; I was behind the counter, and took particular notice of it.

Was your eye upon the door the moment the latch was lifted, if opened at all? - Certainly; the door was upon the latch when he opened it.

Was your eye upon the latch when the latch rose, if it rose at all? - It was upon the door.

Was it upon the latch? - Certainly it was, at the closure of the door.

Did you hear the latch lift? - I heard the door open; it was opened as soon as possible.

Did you hear the latch lift? - I did not positively hear it, because he opened it softly.

Are you sure that the door was latched at the time he came? - I am positive of it, upon my oath.

BENJAMIN SYMONS sworn.

I am a glass-cutter; I had been at the Turk's Head, at Aldgate, taking a pint of beer, and seeing Mr. Johnson there; a man came and wanted a coach, and called me to take up in Hanover-court, Houndsditch.

Court. This is the story of the rescue; that has nothing to do with the indictment.

Did you see Hobbs there? - Yes, I am sure he was there; I saw Hobbs and Isaac Bell there, when the constables was in the coach with the prisoner; they were striking the coach with sticks; I cannot tell what it was upon.

Court. Is there any body here from the pawn broker's? - No.

Mr. Peatt to Abrahams. How often have

you been admitted evidence? - Never before.

How often have you been tried? - Never.

Mr. Peatt. My Lord, I submit, there is no evidence against Hobbs.

Court. I am of the same opinion.

PRISONER BOCKERAH's DEFENCE.

I was coming by, and my coat was torn; I went in for a half-penny worth of thread; there were three men in the shop; his master asked him, says he, John, did not you see a little roll of velvet that stood there: he asked me, no, says I, I have it not; he kept me in custody.

The prisoner, Bockerah, called two witnesses to his character.

SOLOMON BOCKERAH , GUILTY , Death .

ROBERT HOBBS , NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Court. Let Hobbs be detained till the call over, and let the accomplice be detained to give evidence.

Mr. Newman. He is detained for rescuing this man.

Reference Number: t17881210-83

83. ANN ( wife of William) CLAPTON , and CHARLOTTE ( wife of Thomas) MARSH , were indicted for feloniously stealing, on the 28th day of October last, two muslin aprons, value 10 s. the property of Edward Bowerbank , privily in his shop .

EDWARD BOWERBANK sworn.

I keep a linen-draper's shop in Newgate-street : on the 28th of October, about half past four, the prisoner came into my shop, and asked to look at some muslin aprons, which my young man shewed them; I was engaged in the back-shop; my young man sold them one; he called to me for change, which I understood to be a signal or mark of suspicion; I went round the counter to him; and the prisoner Clapton had gone close towards the door; and just as she had got to the threshold, he told her she had something which she should not have, and wished her to produce it; she said she had not; I then turned to the other prisoner, Marsh, and charged her; she said, she had nothing; I suspected her, from her having a bundle under her arm, which did not appear to have been folded up by a linen-draper, which made me desire more to see it; it was prints; part of an apron stuck out of the prisoner's pocket, which my young man assisted her to take out of her pocket; I then took the print from her; the old one made answer then, that they had bought it and paid for it, a little lower down in Holborn-bridge; she varied much in her story; I sent for a constable, and they were committed; the young one said nothing, but the old one made a number of excuses, and said they would pay for them; when they found I was resolute in sending for a constable, the old one kneeled down, and they offered to buy and pay for several things.

Mr. Garrow, prisoner's council. Is your young gentleman here? - Yes.

Had you no other in the shop? - Yes; but he is not here.

WILLIAM ROBERTSON sworn.

I am shopman to the prosecutor; I remember the prisoners coming into the shop between four and five; they looked at some muslin-aprons; I brought some; they chose one, and the younger (Marsh) paid for it; she asked me to change half-a-guinea; Mr. Bowerbank, by my request, sent me the change by a young man; while I was busy, the eldest took an apron; I did not see her, but I begged to search her, and pulled her cloak aside, and found it in her pocket; part of it stuck out; I asked her what she was going to do with it, she said to look at it at the door by the light; I told her it was her intention to steal it; and then

she offered to pay for it; then she went to Mr. Bowerbank, and offered all the money they had, which was 15 s. if Mr. Bowerbank would let them go out of the shop; another apron was found in the pocket of the other; another person of the name of Bowerbank was in the shop, who is not here.

Mr. Garrow. The asking for change was a signal? - Yes.

It was a custom, and of course the other Bowerbank knew it? - Yes.

The other prisoner bought an apron for 4 s. 6 d.? - I believe 5 s.

Was the apron you found on the prisoner of the same value as that she bought? - Yes, and of the same quality.

Court to Bowerbank. Were they searched? - Yes, and I took an apron from under Marsh's cloak.

Thomas Pearson . I am a constable, and produce the apron.

JOSEPH WOLLEY sworn.

I have known the prisoners for seven years, for decency, honesty, and sobriety; I scarcely ever knew their equals.

JOHN OULSON sworn.

I have known them for six years; they have a good character.

THOMAS ELLIOTT sworn.

I have known them seven years; they have a good character.

- FORD sworn.

I have known them six years; good characters.

HANNAH PRESTON sworn.

I have known them four years, good characters.

JOHN PAGE sworn.

I have known them six years, good characters.

THOMAS LEWIS sworn.

I have known them eight years, the best of characters.

ANN CLAPTON GUILTY, not privily .

CHARLOTTE MARSH, NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Transportation. See summary.]

Reference Number: t17881210-84

84. The said ANN CLAPTON , and CHARLOTTE MARSH , were again indicted for feloniously stealing, on the 28th day of October last, eleven yards and a half of printed callico, value 20 s. the property of Timothy Fisher , privily in his shop .

THOMAS HARRISON sworn.

I am clerk to Mr. Timothy Fisher , at Holborn-Bridge , I know the two prisoners; on the 28th of October last, at the closing of the day, near upon four, they came into our shop, and asked to look at some prints; I shewed them some, which they did not want; I had two other customers with me, I attended them also between whiles, when I gave the prisoners a second description of pieces to look at, which they had wished for, and amongst which there was a print which I shall afterwards describe; they did not seem satisfied, and immediately went to the door without buying any thing, and so hastily, that I followed them, to prevail on them to return; but they immediately went off; I did not observe them take any thing.

Who was in the shop besides yourself, of your own people? - There was another shopman on the other side, and Mr. Fisher was to and fro frequently, but I am not positive whether he was in the shop; in a little time after Mr. Bowerbank's man came in with a piece of print, which was my master's property, which I am sure was one of them that I put down before these

good women, I went to Mr. Bowerbank's shop and saw the prisoner.

WILLIAM ROBINSON sworn.

I saw this print taken from under the arm of one of the prisoners in Mr. Bowerbank's shop; she said she bought it below (pointing to Snow-hill); our shop is in Newgate-street, and afterwards she said she bought it at the West-end of the Town, and after being asked where, she said at a great distance; and refused to tell where.

EDWARD BOWERBANK sworn.

I took this piece from under the left arm of the young prisoner, a cloak partly over it, only the end sticking out (this witness agreed with the last in the answer she gave of it). I sent my young man to Mr. Fisher's, and he returned with Mr. Fisher's man, and the old woman pretended to fall into a swoon, and the young one was begging of me to let them go; as soon as he came in he said, these are the women, and the old lady jumped up very quick, and said it was not me, it was her.

(The piece of callico produced and deposed to, by Harrison; the lowest value 20 s.)

ANN CLAPTON , GUILTY, Not Privily .

Transported for seven years .

CHARLOTTE MARSH , GUILTY, Not Privily .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17881210-85

85. GEORGE WILLIAMS was indicted for stealing, on the 1st day of December , twenty one pounds weight of moist sugar, value 8 s. the property of Jacob Warner , and Joseph Warner .

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

JOSEPH WARNER sworn.

My partner's name is Jacob Warner : I lost some sugar the 1st of December, I saw the prisoner in custody of three or four people, I sent for a constable, he immediately begged I would forgive him, for it was his first offence; he was my servant about four years.

Mr. Garrow. I believe Sir, before the prisoner came to live with you, he had lived with Sir Barnard Turner ? - I, do not know.

You have a servant of the name of Humphreys? - I have.

Were they on good terms? - The servants have occasionally quarrelled, but I do not know they were on bad terms.

The prisoner's wages had lately been raised? - They had; I had rather a good opinion of him before.

LEWIS HUMPHREYS sworn.

I am servant to Mr. Warner, so is the prisoner; on Monday the first of December he had a job to do two story high; nobody was there but himself, there was a good deal of moist sugar there; the prisoner came down with a candle in his hand to me not lighted to another warehouse, which is facing that he came from; it was a little past seven, he said he had found it very hard to come down in the dark, he lighted his candle, cut about three or four yards of string, and doubled it up, and went out, then I had a suspicion; he went only to the first story, and looked about; he had two candles lighted then, and I saw him turn a paper bag, which in general holds twenty eight pounds of sugar moist or dry, I saw him put some sugar in this bag; I was in a warehouse opposite without a light; I saw him weigh the sugar very particular to some weights, but I do not know what weights; he tied it up, cut off the string and flung it away;

and he put out one of the candles, and put the other out of my sight, which blinded me so that I could not see much more, only a little by chance, he came several times without any thing in his hand to look out at the door; at last he came down, but I cannot tell whether he brought down any thing with him, because it was too dark; but he went down into the street before me, I went after him as soon as I could, but I could see nothing of him, I returned and shut the gate, and told my master; soon after the prisoner came back without any thing, and went to his work, which was two story high, and finished it very soon, and he asked to go to his club, and he wished us all a good night; I followed him, and he went to a publick-house, in Bell-court, Fenchurch-street, he had a glass of something at the bar, and came out in about a minute with a parcel under his arm, he stood for a minute and a quarter at the end of the court, looked towards Lombard-street; he went towards our house in Mincing-Lane, I followed him, rang at the bell, and our foreman and another fellow servant and me went after him, and took him before he got to Mark-Lane; our foreman touched him on the right arm, and said, George what have you here? he said sugar; he asked him twice where he had it, and the second time he said he bought it; the foreman told him to take it back, and put it where he had it; he considered a little, and returned with us, and I and the foreman came first, and did not look back directly, but when we did, nobody followed us, and presently my fellow servant brought him into the yard, with the sugar; the parcel was burst, but I was not present; Mr. Warner was sent for, and the prisoner asked his pardon several times, and begged to be excused, for it was the first time.

Mr. Garrow. Did you never challenge the prisoner to fight, and he refused you? - If he did, I forget; I am very little for fighting.

Was there any warehouse opposite to this, in which the sugar was kept? - One is here, and the other there; very like my master's dwelling house may be opposite; the warehouse is not directly opposite.

(The prosecutor explained to the court, that the warehouse was not directly opposite, but they might see a part of each warehouse looking obliquely.)

MILES AMPSON sworn.

The foreman and Thomas Lawrence , another servant, confirmed the last witness, and Lawrence said, when they came back with the prisoner, and the foreman rang at the bell, the prisoner ran away; Lawrence ran after him, and overtook him with the sugar, and took it from him, and the prisoner put his hand to the string, and tried to loose it about, but he stopped it; and when the witness rang at the bell, the prisoner ran away a second time, and he slung down the sugar and ran after him.

Prosecutor. The sugar is the same quality with a hogshead we have; we do not keep a retail warehouse.

CHARLES MECARTY .

Mr. Garrow. Do you know the nature of an oath? - I do not; but I believe if I swear false, I shall never go to heaven, but to a worse place, and be punished there.

Sworn.

I saw the prisoner come into our house with a large parcel, and call for a glass of gin; and he asked my mistress to put it by for half an hour, and he would call for it, which he did.

Prisoner. I leave it to my council.

Mr. Garrow. I have many witnesses to his character, but his master has given him a very good character.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17881210-86

86. ANN JONES and MARY CHAMBERS were indicted for stealing, on the 10th of November last, a gold watch, value 10 l. and two seals, value 6 d. and two ditto, value 6 d. the property of John Lightwood .

JOHN LIGHTWOOD sworn.

Returning from the treasury, where I had been drinking tea, and spending the evening; coming up Chancery-lane , on the 10th of November, I met the two prisoners about twelve at night; they both of them laid hold of me, and asked me to go along with them; I refused, and told them it would be better for them to return home themselves; the prisoner, Jones, said if I would go up that court, she would tell me of something very particular; curiosity led me to go to hear what she had to say; where I had not been three minutes, when she pushed me away from her, and the two prisoners ran from me down Chancery-lane; the prisoner, Chambers, was at some distance from the other; she, Jones, mumbled something while I was with her, which I could not understand; when they ran away, I had not gone ten paces before I missed my watch; I enquired after the prisoners, and was directed a contrary way, but a gentleman (who is in court) went with me, and shewed me the women, at the corner of the New Church, Strand; I knew them again, and accused them of having my watch; both of them denied it, or knowing any thing of me; I called a watchman, and they were taken to the watch-house; the watch was found dropt in the street, near the prisoner Jones; it was my watch.

Mr. Schoen, prisoner's counsel. What way of life are you in, Sir? - I am with an attorney , Mr. Fabian, for the improvement of the profession of the law.

And for the ornament of it I hope: this was about twelve at night? - Yes.

Curiosity, a very prevalent motive we know, induced you to follow them up the passage? - Yes.

The same curiosity kept you three minutes there, to hear what they were mumbling? - I do not know whether it was three minutes.

Upon your oath, was you all the time attending to the mumbling of these girls? - No, I was not, one of them was absent up the alley; my curiosity led me to see what she was going to do.

This was a dark passage? - Yes.

That which you wished to hear talk, stood near to you of course? - I did not wish to hear either of them.

JOHN HOOKER sworn.

On the 19th of December I met two women, running in great haste, as I was coming from the Strand, just opposite Temple-bar; one said to the other, make haste; I met the prosecutor, who enquired about two women, and I told him, I saw two women standing at St. Clement's church-yard, but I cannot positively say they were the same; there were several women there standing together; the prosecutor charged one of the women with robbing him; she said, she never saw him before; he charged the watch with them, and as we were going to the watch-house, I saw by the light of the watchman's lanthorn, a watch laying on the ground; the other woman ran away on the charge; and these two prisoners insisted on being searched; the watchman took up the watch in my presence; I did not hear it fall.

JOHN JACKSON sworn.

Produced the watch, which he received from a watchman, who did not attend.

(Deposed to.)

Jury to Prosecutor. Was you perfectly sober? - I was.

Are you sure you had your watch when you went into the court? - I am.

The other woman was not near you at all? - No.

The Jury withdrew for sometime, and returned with a virdict

BOTH NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17881210-87

87 GEORGE BUCKLAND , was indicted for stealing, 21st of November , a hempen sack, value 2 s. nine live ducks, value 9 s. two live drakes, value 2 s. the property of John Gammon .

The Prisoner brought the ducks and drakes in a bag, marked with Mr. Gammon's name at full length, to the house of John Field , at Brentford, and asked him to buy one duck, which he did, knowing the prisoner; he put the other 10 in a coope, and carried them away.

(The Sack produced and deposed to.)

GUILTY .

Sentence respited, being Sick .

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

Reference Number: t17881210-88

88 ANN WILSON was indicted for stealing, on the 13th of November last, a leather pocket-book, value 5 s. and a bank note, value 20 l. the property of William Ashby , privily from his person .

(The witnesses examined separate at the desire of Mr. Peatt, prisoner's council.

WILLIAM ASHBY , sworn.

I am a master sadler , at Northampton, am married, and have one son; I was walking in the Strand, I met the prisoner; she asked me to have a glass of wine; she carried me to the Union, close to Temple Bar , and another woman with her; they stroaked down both sides of my coat, and felt something on this side, which was a pocket-book; I was very sensible, I had been drinking a little, I am sure I had my pocket-book, I saw it as I came down a passage in Carey-Street; they went up stairs first at the house, desired me to follow them; they called for a bottle of wine, which was charged 4 s. the prisoner unbuttoned my coat while we were drinking; I drank only one glass, I was not in the house ten minutes, I did not sit down in the room at all; one of them was trying to go to bed, which I refused; I missed my book when I was down stairs, not in the room; I never saw them before, I had no connection with either of them; the prisoners went away before me, and I followed them; before I got to my lodgings I missed my pocket-book in two or three minutes, I never found it since; I did not perceive them take any thing from me, I did not suspect them then; I saw this prisoner the next morning on Saffron-hill, I pointed her out directly.

Mr. Peatt, prisoner's council. Now, Master Ashby, you was a very jolly fellow this day, it seems; where did you dine this day? - I had a good deal of dinner.

So I suppose; and a good deal of wine and porter too? - I suppose neither.

You forget Goody Ashby, and the children at home? - Well.

What had you for dinner this day; when you had this brace of Ladies? - I cannot recollect, but I came from Carey-street.

How many ladies had you before this woman? - None, neither before nor after.

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

Reference Number: t17881210-88

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex, HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 10th of DECEMBER, 1788, and the following Days;

Being the FIRST SESSION in the Mayoralty of The Right Honourable William Gill , LORD MAYOR OF THE CITY OF LONDON.

TAKEN IN SHORT-HAND BY E. HODGSON, PROFESSOR OF SHORT-HAND; And Published by Authority.

NUMBER I. PART IV.

LONDON:

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

MDCCLXXXVIII.

THE WHOLE PROCEEDINGS UPON THE

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

Continuation of the Trial of Ann Wilson .

I did not intend to have any conduct one with either of them.

Was not you on the bed with either of these women? - I was not.

THOMAS MANSFIELD sworn.

I am an officer belonging to Litchfield-street: on the 13th of November I was coming through Temple-Bar, I saw Mr. Ashby, I never saw him before, he was with four or five women, the prisoner was one; I took notice, as I always do when I see several together; the next morning Mr. Ashby came to the office, I took him to the prisoner, and he said directly she was one that robbed him, I believe there were two other women there.

Mr. Peatt. You say there were four or five women round him? - There might be five or six.

MARY DAVIES sworn.

I live in Shire-lane, the prosecutor came to our house with two women, and had a bottle of wine; the prisoner was one; she came or change for half a guinea, and I gave him the change; the prisoner came out of the room first.

Mr. Peatt. Does it fall to your share to make the beds, or your Duenna? - Sometimes one and sometimes the other; it was not made that I know off till the next day; there were other people in the room, a man and woman were there after; we found nothing; there is a middle door, I opened it when they came down, and I saw the gentleman salute both the ladies when I carried up the wine, I am sure the presecutor was sitting in a chair, and he rose up to pay me.

What were the two Dulcineas doing at the same time? - They were sitting on chairs.

PRISONER's DEFENCE.

The gentleman was on the bed with

the other woman, when this woman brought up the wine.

The Prisoner called two witnesses to her character.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17881210-89

89. DANIEL JONES was indicted for stealing, on the 11th of October last, one deal box, value 6 d. one piece of satin, containing forty-one yards, value 17 l. one piece of silk, called mode, containing sixty-four ells, value 9 l. one other piece, containing sixty-four ells, value 17 l. the property of John Loveday ; ten pieces of nankeen, containing fifty yards, value 3 l. ten cards of black silk-lace, value 9 l. the property of William Leif , and another.

JOHN LOVEDAY sworn.

The prisoner is our porter ; his business was to carry out goods and receive orders; he brought me a letter in the name of Euphelia Bate, soliciting goods; the letter is a French letter, dated at Aberdeen, the 25th of September, signed Euphelia Bate; he said the reason of the letter being in French was, that he and she had conversed in French; the material part of the letter is this:

"According to my promise, I give

"you commission for silks for gowns;

"and I beg that you will take care that

"they shall be very good, and particularly

"in the colour, otherwise they will

"not answer, as I told you before; you

"may send also some cards of French

"lace, the Tame as the last; and six or

"eight pieces of China linen (nankeen)

"as the other that were before sent to

"me." The other parts of the letter are what she will do when she comes to town: In this letter was enclosed a bill of the Antwerp, which failed either the 11th or 12th of October; I sent the prisoner with it on the 11th of October, and three or four times after I sent him with a box; he asked me if I had wrote to Miss Bate of Aberdeen, as he received an answer by the post from her; the order was for two pieces of mode at 5 s. 6 d. and a piece of white satin at 7 s. or 8 s. Before I executed the order, I enquired Miss Bate's character, and received so satisfactory an account, that I determined to execute the order; and the order for the nankeens, I gave to Messrs. Leise and Co. In consequence of a letter I received, I suspected the goods were not sent; the prisoner was out at the time I went to the wharf to enquire if any such parcel had been brought there; in the course of the evening afterwards, I accused the prisoner; he denied it; I told him, that I had reason to believe that the letter which he had brought me, purporting to be the hand-writing of Miss Bate, was a forgery of his own, and that the receipt which he brought me, purporting to be the hand-writing of Captain Airn , was a forgery also; and that the goods were made away with: he seemed to be much struck that I should entertain any such idea; why, says I, Jones, it is in vain for you to deny it; says I, here are two capital offences against you, two forgeries; he stood speechless for a quarter of an hour, looking down on the ground; at last he said, you will never see them again.

You told him they were capital offences? - Yes.

Did you tell him it would be better for him if he did, or worse for him if he did not, confess? - I told him it was a duty incumbent upon me, both to myself and to the publick, to give him up to the law.

Did you tell him that it would be better for for him to confess the whole? - I told him, probably it might obtain him favour in the court, but I never promised him any mercy.

Court. After that we cannot hear what he said, but you may tell us what you did in consequence of what he said? - We found part of the goods at Mr. Cave's, I think, the last Friday in October; there were twelve yards of the white sattin, part

of forty-one yards, and some cards of lace, which are in court.

What is Mr. Cave? - A haberdasher in Holborn.

Were these things that you found at Mr. Cave's, part of the order? - They were; and the goods are in court; I found four pieces of nankeen at Mr. Bradbourne's, a taylor; a piece of lace at Mr. Fletcher's in the Strand; one piece at Mr. Wanley's; part of the modes, and four pieces of nankeen at the prisoner's lodgings in his box; I knew the lodgings to be his the whole time he lived with me.

Prisoner. Please to ask Mr. Loveday, whether he did not promise me not to prosecute, if I would produce the goods, or procure 40 l. to pay him down immediately? - He wanted me particularly to go to his friends to take a bond, which I refused; I told him it was neither doing justice to myself, nor the publick; I never made him any promise.

Prisoner. Please to ask Mr. Loveday, whether he did not tell me, if I was given up to the law, I was a dead man; but if I could procure a friend to enter into a bond, either jointly or separately, or lay the money down, he would burn the paper, and say nothing more of it? - I never mentioned a word relative to burning the paper, of any kind.

JOHN CAVE sworn.

I am a haberdasher in Holborn, No. 273.

Do you recollect a remnant of white satin, and some lace that were found in your shop? - Yes; I bought them of the prisoner the latter end of October; they were found by Mr. Loveday and Mr. Leise.

When, and from whom did you get these goods? - From the prisoner; I believe it was on the 14th of October, the prisoner called at my house, and solicited an order for Mr. Loveday, which he had frequently done before; I informed him there was nothing wanted; he then mentioned to me, that Mr. Loveday had got a piece of three-quarters satin that was damaged by the dresser, and he meant to return it on the dresser's hands; if I wished to buy it, he could sell it me a job; I told him it was an article we had very little call for, and sold very little of; but if Mr. Loveday proposed selling it very cheap, the first time he came by our house, he might call and shew it to me; he accordingly came the same morning, about three hours after, about three o'clock the same day, telling me had brought the piece of satin he was mentioning to me; I desired him to open it; I looked at it, and found it was burnt in several places, apparently by the dresser; I asked him the price, he said 6 s. or thereabouts, allowing two yards damages; I told him I could buy it cheaper; I made an account, and I offered him 4 s. a yard, that was the most I told him, and I would give no more; he told me he could not sell it for that; I told him I had not the least wish to give more; he stopped some time, and he said, he believed he must let me have it, and he would have no farther trouble with it; accordingly when I bought the satin of him, I desired him to make a bill of it, and I would pay him the money; I looked over the bill, and found it was right; then I said, I expected an interest of five per cent; he objected to that, that Mr. Loveday would not find it agreeable to him; I told him then to make my compliments to Mr. Loveday, and tell him to set it down to my account; he said the dresser was accountable; he believed he must let me have it; and I took the discount of five per cent. for them; after he had sold me the satin, says he, Mr. Cave, I have a few cards of black lace that I have to sell by commission, for a friend of mine, who supposes, as I know the trade, I should be more likely to sell them than he should; I looked at the laces, and asked him the prices of them; he told me the price; I thought them too dear; I left him: that was the only business at that time, and he went away; about ten days after he called, soliciting an order as before, for Mr. Loveday; I told him there

was nothing wanted; he then mentioned to me that he had not sold all the black laces he shewed me before, he had a part of them left, and if I would take the trouble of looking at these he had, and he would tell him the most I would give for them, if he could take the money he would, as they were for a stranger, that wanted money; I looked at them, and told him the most I could give, paying ready money; he objected to the price of one or two, and said he could not take it; there is a bill in court, which the prosecutor has of the prices: after I paid him for the laces he went away.

Court. You are a haberdasher in Holborn? - Yes.

Had you any dealings with Mr. Loveday before this? - Yes; I bought some things some time back; I never bought any goods of this man; he called for orders; I never gave him any orders; I have dealt at Mr. Loveday's, but not in the time of this young man's living there.

In what manner did you deal at that time? - They were gauzes, and some things; I did not go to the shop; I never go out; the goods are always brought to me; I gave my orders to the former young man that lived with Mr. Loveday; I do not know his name; the goods were bought with my approbation, and a bill of parcels were made of them; I bought them for credit; they were placed to my account by Mr. Loveday.

Had you ever bought any for ready money before? - No, I believe I never did; I did not certainly; the account was closed some time back.

Court. Let me advise you never to buy bargains in this way again; it is not a proper conduct for reputable men in trade; but take my advice, and do not do it again? - I will not, my Lord, I have had enough of it in this transaction.

(The things produced.)

This is the satin found at Mr. Cave's; I would not swear positively to the satin, because it is not impossible that another piece might be similar, but the papers they are in I swear positively to, with my own hand-writing in it.

Jury. Is that satin really damaged? - The satin when it went out of my house was quite perfect, as good a piece as ever I saw, but it had been singed in two places; Mr. Cave shewed me one part, which is about fourteen inches to the best of my knowledge; I asked him to give me that up with this, but it has never been given up; he then said, there was another piece that was cut out; the satin was worth 8 s. a yard, and Mr. Cave gave 4 s. for it.

Jury. Several of the jury are in the satin trade (looks at the satin.)

WILLIAM LEIFE sworn.

Look at those cards of lace? - I believe the laces are mine, but the cards are changed.

Is there any thing that enables you to speak with certainty as to the laces? - I believe they are my patterns, but the cards are changed.

Cave. I changed the cards; I will speak if you please; the laces were measured over when they were bought from the prisoner; the cards they were on were very indifferent ones; I desired one of my servants to put them on better cards, as they shewed better; that was the reason they were changed.

What became of the other cards? - They may be about the shop now; we always change the cards: the satin was cut in three or four different parts of it; we threw away what we could make nothing off.

Court to Cave. It is fit you should know the full extent of your imprudence, to call it no worse name. I can tell you this, that if you had been indicted on this, I should have left it to the jury; I should have given them no direction to have acquitted you; you do not stand in that situation now, and I hope your future conduct will keep you from the like again.

Prisoner to Cave. Whether there was

not some previous agreement between you and me before I brought the satin?

Court. As that question goes rather to criminate Mr. Cave, than to excuse you, and as he is not indicted, I will not put that question to him.

Cave. I will answer it, my lord, if you please, I wish to answer it; he never spoke to me respecting the satin, till the morning he called upon me, in the same manner I have related; there was no previous agreement.

JAMES STARKEY sworn.

The prisoner lodged at my house, I know when the prisoner brought his box to his lodging, five weeks last Saturday; I asked him what he had there; he said he had a box that was sent him out of the country; I cannot say whether it was the box that was found there, I never saw the box any where till it was brought down broke to pieces.

Court to Loveday. What things did you find in this box? - Here are part of the modes, each piece has been cut.

Are there any of the packages that you know? - I can swear to my hand writing on both pieces.

Liefe. I can swear to the nankeen.

Prisoner. My Lord, I wish to ask Mr. Liefe a few questions, whether he did not go with Mr. Loveday and myself, to my uncle in Oxford-street, on purpose to get a bond signed for forty pound, in order to have the papers burnt, and the affair compromised.

Liefe. We went with Mr. Jones, as he said, to his uncle's; Mr. Loveday went out of the coach to his uncle's, and I staid in the coach with Jones.

Court to Prisoner. What have you else to say? - I have not been able to subpoena witnesses, otherwise I have very material ones.

Court. You are not so uninformed a young man, as not to know that you have a right to subpoenas for your witnesses; and that if you could not have procured the attendance of those witnesses, the Court would have put off your trial? - I did not know it, I have several respectable gentleman to my character, but they are not in Court.

Court to Jury. The question whether this order was real or forged, is not material in the present case; and in this I have also the opinion of Mr. Justice Wilson; this might be an order of Miss Bate, of Aberdeen, and there might be a further order. If the prisoner had obtained the goods in consequence of that order, the offence would rather have been that of obtaining goods by false pretences; than that of felony; but whether the goods were obtained by a real order or not, it appears that instead of carrying them to the wharf, he opened the box, and took out the goods; that is clearly a felony.

GUILTY .

Court to Prisoner. You have been convicted upon very clear and satisfactory evidence, of an offence, attended with such circumstances, which if they had in point of law warranted an indictment and conviction for a capital offence, I certainly should not have recommended you to his majesty's mercy, because I do not remember a circumstance that appears more dangerous, as more aggravated by a breach of trust; you by an artful contrivance have availed yourself of the goods of your master, to plunder and convert them to your use; under these circumstances therefore you certainly ought to receive as severe a sentence, as the law can inflict; and the indictment not being capital, the punishment of the law is transportation for seven years; if the law permitted me to go further in this case, I certainly would do it; and therefore you may rest assured, that any reference of the case to me, unless any circumstances, that seem to be impossible, in this case should come out, I shall never recommend you to any remission of that sentence, which is, that you be transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17881210-90

90. JOHN JARVIS was indicted for feloniously assaulting Charles Darby , on the King's highway, on the 7th of December , and putting him in fear; and feloniously taking from his person and against his will, one watch, with an inside case, and an outside case, made of base metal, value 40 s. a steel chain, value 2 s. a cornealian seal set in gold, value 4 s. a key, value 1 d. a small iron key for a tea chest, value 1 d. one hair locket set in base metal, with a gold rim, value 1 s. his property .

(The witnesses examined separate.)

CHARLES DARBY (a Black) sworn.

Last Sunday week there was a fire in Fenchurch-street , my mistress sent me to know whether the fire had done any damage; I am a servant in Billeter-square; as I was looking at the fire several men came and shoved me; it was about nine o'clock; then I looked up and said, God bless me, good man, do not shove me; and when I turned my face, I saw directly my watch was pulled out of my pocket, after I was shoved; I looked up in the fellow's face, and he pulled my watch out, I saw the watch in the man's hand after he pulled it out, and he gave it to another, I caught hold of him, and I called pick-pocket, pick-pocket, he has my watch; nobody came to my assistance; then there came two or three, pulled me about, and beat me sadly; there were thousands of people round me in a moment before I got assistance; I kept hold of the man all the time, it was the prisoner, I did not know him before, the officer has my watch; at the same time a fellow came and pulled my hair; I lost a pin, that was after I lost my watch; I delivered the prisoner to the officer.

Mr. Schoen, prisoner's council. Did you never say you did not know it was the prisoner that took your watch? - No.

Did you never seize another man? - No, only the prisoner.

Did you never hear of any reward? - No, by nobody, that I swear.

Prisoner. Does he know the danger of an oath.

Do you go to church? - Yes.

Do you know the principles of our religion? - To take a false oath is a wicked thing, for which I shall go to hell.

Court. You say a tall man shoved you; that was not the Prisoner? - No.

ANTHONY HARRISON sworn.

Last Sunday se'nnight in the evening, between ten and eleven, we were at the fire, to prevent robberies; about a quarter before eleven, there was a great noise in Rood-lane; I ran down, and saw this Black and Newman having hold of Jarvis, and a very great mob were pulling him oue way and the other; I took hold of Jarvis with my left hand, and looked at him; says I, is it you Jarvis? In a minute or two somebody hit me behind over the head, not the prisoner; Filcock came and assisted me to take him to the counter; I searched him, and found nothing upon him; we went to the City Arms in Lombard-street, and a witness came in named Clarke, who took the Black's account of the watch and locket, and delivered to him a watch and a locket, which the Black said were his, and which Clarke said he found, and a locket.

JOHN CLARKE sworn.

I came off duty about twenty minutes after nine, from Guy's-hospital, and me and my fellow-servant went to see the fire; and at the corner of Rood-lane I saw the prisoner taken into custody; and I kicked something before me, and I looked at it, it was a watch, the outer case was off; I took it up about a yard from where the prisoner was first taken up as I perceived, though he had been in custody about a minute before I saw him; the watch was nearer to the fire than they prisoner, they took him to Rood-lane, and we followed soon after

with a youngman who had found the case; and about half way down Rood-lane I picked up the Locket; that was about ten minutes after I found the watch; at the City Arms the prisoner described the watch and the seal and keys, he swore the watch was his as soon as I delivered it him, the gold seal was not on it when I picked it up; I delivered it to Mr. Harrison, the city patrole, the next morning.

(The watch produced and deposed to.)

Prisoner. When you saw me, had I a stick in my hand or not? - I will not say.

Speak truth, do, pray do? - I did not see you with a stick in your hand.

To Darby? - I did not see him with any stick in his hand.

To Harrison. Did you see a stick in his hand? - He had a stick in his hand, it could not be him that hit me over the head, I was obliged to hit him before I could get the stich out of his hand; we had enough to do, I asure you.

Harrison. I went to the prosecutor's Mistresses, and I went down into the kitchin, and there were three tea chests on the dresser; I tried the key that was on the watch, and it fitted none but the one which he said was his own.

ROBERT FILLCOCK sworn.

I am an officer, I produce the case.

(Deposed to by the prosecutor, by the watch paper.)

Deposed to the same effect as to taking the prisoner. The prosecutor deposed to the locket, by an S.

ROBERT NEWMAN sworn.

He had a stick in his hand, I took it out of his hand; I was there, and the prosecutor had hold of the prisoner, and said he had robbed him; I kept him in custody; when I came up he was struggling, and jostling, and trying to get away.

Prisoner. How can you be such a villan to say so; I was standing by the fire, and my hand was on one Stephen Fisher 's shoulder, and my stick in the other hand, complaining of my leg; I had a very bad leg by a fall from a horse; in this time, this Black man seized another lusty man by the arm; says he, you have got my watch; then he says to me, you have my watch; says I, search me; they searched me, and took me to the counter; Mr. Fisher is a man of property and independence, I do not doubt but he is here to prove the truth; the Black knows it was not me, till those constables, Newman and Harrison, persuaded him to swear away my life; Harrison did not come till I had been in custody ten minutes.

STEPHEN FISHER sworn.

Where do you live? - In Hammersmith, Brook-green.

What are you? - I am a weaver by trade.

Was you in company with the prisoner on the night he was taken at the fire? - Yes.

Relate what you know of this transaction? - I was at one Mr. Gill's, in Whitechapel; we had a pot of beer, the prisoner and me; I was going home to Hammersmith; I said you may as well take a walk along with me, it was between the hours of eight and nine; there was a fire.

Where does the prisoner live? - In Priest-alley, Tower-Dock, No. 11.

Was the alehouse from whence you went in the way to his home, as well as to yours? - No, it certainly was not: coming to the fire, I stopped there about five minutes; that might be between eight and nine; the prisoner had his left hand on my right shoulder, and a stick in his right hand; he was complaining to me of a pain he had in his leg, from a fall from a horse, about five weeks back; there was a bustle among the people, and a shoving, and the prosecutor took hold of a stout lusty man, in a light-coloured drab coat, he got away from him.

Mr. Schoen. Then you swear that the prosecutor first took hold of a stout man,

with a light coloured drab coat on, who got away from him? - Yes.

How did he take hold of him? - By the collar; I might be two or three yards from him, I cannot tell exactly the distance, by the crouding of the people; I could not hear any thing he said to him; the man broke away from him; the prisoner had hold of me at that time.

Was the prisoner nearer to the black man than you was, or was you nearer to the black man? - I never saw the black man, till he seized hold of the stout lusty man; I saw him then; to the best of my knowledge I was nearer to him, he had his left hand on my right shoulder; he had a stick in his right hand; the stout lusty man got away from the prosecutor, and he seized hold of the prisoner, and said, you have got my watch. I have got no watch, says the prisoner, search me; and the scourge of people took away the prisoner and carried him to the counter.

The prisoner is a butcher, I believe? - I believe he is a butcher, and kept a shop in Russel-street, Covent-Garden, about two years back; his father before him was a butcher; I have known the prisoner from a baby.

He had the misfortune to fail? - He had, he is now a journeyman; I never knew any thing against him.

Court. Did you see Newman, or Fillcock, or Harrison there? - No, there was a struggling among the multitude, and the prisoner was taken away; I do not know by who; I could not follow then, but an hour after I knew he was carried to the counter; I could not get time to tell them he was innocent when they took him, the people crowded so.

Was the fire in your road home? - Yes.

How far was the prisoner going with you? - As far as St. Paul's, to the Goose and Gridiron; then I should have gone to Piccadilly, and taken the stage.

You knew nothing of the fire when you was drinking at the alehouse? - No.

Then coming along you stopt out of curiosity? - Yes.

You did nothing good or bad? - No.

Why did you desert your friend, when they charged him with taking the watch? - The hustle of the people was so great, that I did not know which way he went, when they carried him away, till the next morning.

Did you appear before the justice the next morning? - Yes, I did.

Was you examined? - I was called in, and sent out again; before I went in again, they said I had no business there; Mr. Harrison says to me, you have been making it up with this man, concerning the watch; No, says I, I have not; I went to him, and spoke to him directly, and asked him; No says he, I never saw you before; there was a little man, a barber, with a loose coat on Mr. Harrison, said I, wanted to make it up with him.

Court to Harrison. Was the witness at the justices the next day? - He was; I know him very well; he came to give an account, if they would let him; I told him afterwards, that I suspected he was going to make it up.

Jury to Fisher. What way are you in now? - I have not followed business these two years; I have above fifty pounds a year, and I had one hundred fifty pounds, when it was left me; I have nobody but my wife and myself; and we live upon it, at Brook-Green, under Mr. Ward.

ELIZABETH LEAK sworn.

I live in Whitechapel; I have known the prisoner many years, he was a butcher; I never knew any dishonesty in my life, nor ever heard any; I travel the country all the summer with hardware; my husband is a hair dresser; I am at home in the winter.

Then you have not had many opportunities of being with this man or seeing him? - No, [the prisoner said something to the witness.] the day he was apprehended, his sister asked me to go to a publick house, facing the mansion house; I went into the publick house; his sister was speaking to the prosecutor, and I heard the

black man say, that all he wanted was his property again; that he could not swear to any body.

How came you forget this when you first came up? - Are you asked me the other question first.

Has any body put it into your mind since? - No, Sir, nobody.

Has nobody spoke to you? - Nobody, not till now, that the prisoner spoke to me; the black man said, that he only wanted his property again, as he could not swear to any body there were the words.

That was said before the sister of this prisoner and you, and several other people? - I do not know, to my knowledge, they there was any body heard it besides the prisoner's sister; and myself.

Court to Darby. Did you say to this woman, or the prisoner's sister, or to any body, that you could not swear to any one? - I did not say any such thing, they came after me to make it up, and I told them I would not.

Did this woman come to help to make it up? - Yes, with another woman, wanted to ask me questions, I told them I could not; they wanted me to go with them, and wanted to ask me questions; my business was at home, I would not.

Did this woman, or did the other woman in her presence, and when she was there, offer to make it up with you? - Yes.

How was that offer made? - The value of the watch to make it up, and not make any words.

Who offered the value of the watch? - His sister.

Was this woman present? - She was there, she heard it.

To Mrs. Leak. What did you go to him for? - I went with his sister, I cannot say what she went to him for.

Was there nothing said about making it up, upon your oath? - Not in my presence.

Not a syllable? - Not a syllable.

Nor about giving him the value of the watch to drop the prosecution? - Not in my presence; I did not ask him any questions; I went with her; I cannot positively say I did not hear her asked the man any thing at all.

Then he voluntarily without being asked any questions, said, what he wanted was his property again? - She went and spoke to him, I do not know what questions she asked him; I heard him say, what he wanted was his property again, that he could not swear to any one; I did not hear the question, I only heard the answer.

EDWARD JARVIS sworn.

I live No. 11, Priest-alley; the prisoner lodged with me four or five months, till this happened; I had a character from the last house where he lodged, I have entrusted him with a few guineas, or ten pound note to change; he always brought it to me very honest.

The prisoner called two more witnesses to his character.

GUILTY . of stealing.

Not of the highway robbery.

Tried by the London Jury before Mr. Justice WILSON.

[Transportation. See summary.]

Reference Number: t17881210-91

91. ISAAC COCKWAINE was indicted for feloniously stealing, on the 7th of November last, two men's hats, value 28 s. the property of Benjamin Rankin .

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

BENJAMIN RANKIN sworn.

On Friday evening the 7th of November, about seven in the evening, the prisoner came into my shop; I live in Leadenhall-street ; I never had seen him before; he asked me if I knew Mr. Sansum, a merchant, in London-street; which is a neighbouring street; I told him I did; he said he came from Mr. Sansum; that Mr. Sansum was going out of town early the next morning, that he wanted a new

round hat, and desired I would take some down to shew him; I said to him, my friend, you must be mistaken; I know Mr. Sansum, but I know also, that he buys his hats of another hatter in the street, you have made a mistake in the shop; he said he had not, that Mr. Sansum had sent him to me; accordingly I waited on Mr. Sansum; when I came there, I not only found that Mr. Sansum was not at home; I hasted back, and found two hats gone out of the window; that is all I know.

What distance was Mr. Sansum's from you? - It is a neighbouring street, not more than two or three hundred yards, I cannot be very accurate as to distance; I never saw the two hats again.

WILLIAM MORGAN ,

What age are you? - Fifteen the 25th of April.

Sworn.

I live No. 129, I live No. 129, Wood-street, Cheapside, with Mr. Kanner, he is a hair dresser; I am upon liking; I have left Mr. Rankin, my master; I lived with him for three quarters of a year; I lived with him at that time; it is a fortnight yesterday evening since I left him; the prisoner came in between seven and eight, and he asked my master if his name was Rankin, he told him it was; he asked him if he knew a Mr. Sansum, of London-street; and he told him, he did; he told him he must bring some hats for him to look at them, for he was to go out of town on Sunday morning; my master told him he would; the man went out of the shop; and my master went out of the shop; and in a little time the prisoner came to me and said, your master is at our house, and has sent me, and says you must give me the cocked hat and the round hat, that are in the window; my master had been gone out about three minutes; I am sure it was the prisoner that came back; I gave him them; and I saw no more of him 'till I saw him in the counter.

Had you ever seen him before? - No, not to my knowledge; I do not recollect ever seeing him.

Are you quite sure this is the same man? - Yes.

Quite sure? - Certain of it.

Mr. Garrow. Were you always sure that he was the man, my little fellow? - Yes.

What made you cry so much, when your master threatened you about not swearing to him? - My master did not threaten me; I said I knew him by his stripped coat, in particular, and in the Compter he was among a good many more; and they put them all in a row, and desired me to find him out, and I knew him by his face as well as the stripped coat; this was the 7th of November.

Then all that he said to you was, that your master had sent him for a couple of hats? - Yes, he said your master is at our house, and says you must give me the cocked hat, and round hat, that lay in the window; upon which I delivered them to him.

Did you deliver them because you thought your master was at this house, and had sent for them? - I did; I saw him come in to order them.

Court to Prosecutor. Did you send the prisoner, or any body for the cocked hat, and the round hat, out of the window? - No, I did not.

JOHN ROBINSON sworn.

I was in Mr. Rankin's shop the evening of the 7th of November; I saw the prisoner come and demand of the servant, Mr. Rankin's boy, a cocked hat and a round one, which he said, were in the window; observing, that his master was at their house, and desired they might be sent; he said your master is at our house, and desires you will send a round hat, and a cocked hat, which are in the window; the boy delivered the hats immediately; I saw him; I never saw the prisoner before to my knowledge.

Mr. Garrow. My Lord, I mean to submit to your Lordship, that upon the facts which have been stated, it is impossible to sustain the present prosecution; I need not

cite to your Lordship, cases to establish this, which I take to be the first principle of criminal law; for from the definition of larceny, and other offences, which are perfectly distinct from that of larceny, it is perfectly clear, that this is not a felony; and I shall take the liberty of contending that it is no other crime punishable here; the definition of larceny from Serjeant Hawkins's Pleas of the Crown, is in point; and I submit that there has not been any thing in this case, but that which by the most forced construction can be made a misrepresentation; he mistates a transaction, he lays his caution asleep, and induces him to part with the goods of his master; my Lord, I submit that includes no trespass in point of common sense, or in point of law: my Lord, I contend this would not constitute a cheat; and that if this man was now trying under such an indictment, he could not possibly be convicted; and for that, I think, I have the authority of all the writers on criminal law; Serjeant Hawkins says, of cheats punishable by prosecution, there are two kinds, &c. and he says,

"A cheat that is accompanied

"with no manner of artful contrivance,

"is not punishable by a criminal prosecution." He does not say it is not punishable as a felony, but it is not punishable by a criminal prosecution; and he says,

"Because it is accompanied with

"no manner of artful contrivance." What is the present case? A false pretence of having a message and order for that purpose; and I argue from proving that it is not a cheat, a fortiori, that it cannot be a felony. This transaction is accompanied with no manner of artful contrivance; if he had brought one of his master's shop-bills, one of his master's hats, or his master's name on a card, I agree there would have been an artful contrivance; and Serjeant Hawkins proceeds, and says, it wholly depends on a bare naked lye, &c. Now, is there any thing in the present case beyond that? If this message had been addressed to any body of riper years, they would have said, very good, I will carry it; and a person of still more caution, would not have carried them at all. I remember a case which happened very soon after I was at the bar, before Mr. Justice Ashurst, where the representation was of this sort: I have taken the Essex Arms in Essex-street, and I shall want a great number of candles: the allegation was,

"That whereas he

"had not taken the Essex Arms, nor any

"other house;" and the learned judge was of opinion, that it was a bare naked lye; for the prosecutor could have gone to the landlord, and made himself certain. My Lord, if I was defending this man on an indictment for a fraud, I should content myself with reading this line from Serjeant Hawkins, to your Lordship, he says,

"it is said to be needless to provide

"severe laws for such mischiefs." - What severe laws? Punishing him for a cheat? then this monstrously absurd doctrine follows; that if this man had been indicted for a cheat, upon which this court could only impose a slight punishment, if he was convicted, but which the law authorities have said is not the subject of any criminal prosecution; yet you are called here today, though sitting here, as I contend, without a power of convicting this man of a fraud; and sitting on a case where the law says, it does not make a severe punishment necessary; you are to punish him with more severity. My Lord, I submit it is not even a cheat, and if it is not a cheat, it cannot be a felony; I submit that there is no ingredient of larceny in this case, no trespass, but that it is a bare naked lye.

Court. How do you distinguish this case, Mr. Garrow, from the case of a man going to buy a horse, and saying, Sir, I will be obliged to you to let me try this horse's paces; he gets on the horse's back with the consent of the owner, and rides away with him. Then there was the case of a man who bought a coffee-pot, or some piece of silver, and carried it to Gray's-Inn coffee-house, and delivered it to a person at the bar, and says, take care of that till I come again; soon after he was gone

out, she says to the boy, if the gentleman calls for that piece of silver, you must give it to him; she went out, another man came in, and it was delivered; he did not say I am the man, but he came so immediately in the same manner that the other man did, who said he would come, that the boy delivered it; and there it was held to be a felony. Then there was another case, where a servant, a porter, I think, was carrying goods, and he was met by some of his companions, who said it would be a better thing to take them to another place and sell them, and prevailed on him to do so; that was a stronger case; for in all the other cases it had been held, that if the fraud was done at the time, animo furandi, then it was a felony; but if afterwards the man was tempted to do it, then it was not a felony. But there is so little distinction between frauds and felonies, that I think it my duty to save this case for the opinion of the Judges, to see if we can get this doctrine of felony and fraud into something of better order, than I confess it is at present, in my mind, at least.

Mr. Garrow requested to have a special verdict, to which the court assented.

Mr. Garrow to prosecutor. I have only one question, Sir. My Lord put it to you very distinctly; do you mean to swear positively that this is the man? - That is the man that came to me into the shop first.

It is stated to me, that at first you charged him only on suspicion? - I certainly did; I committed him that night on suspicion, because, though I was certain in my own mind, without the smallest doubt, yet if I found on the boy's seeing him, and the other gentleman's seeing him, that they would not identify him, I did not intend to prosecute him; the boy was shewn the man in the Compter, in presence of several people, and he picked him out directly.

The boy had been informed, I take it for granted, before he went into the Compter, that you had taken the man that you had seen come into the shop that evening? - Yes, that he did know.

The boy is represented to me as having cried a great deal? - He did cry before the magistrate, but it was at the appearance of the magistrate.

Did the boy at any time express any doubt on the subject, or do you believe his mind has been made up since? - Never, on my oath; the moment that he saw him, he pitched on him directly.

Did you never hear there was a person in Clerkenwell, that was committed for the same crime? - I never did.

What day did you charge him upon suspicion? - The 19th.

You had not seen him for twelve days? - No.

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

Court to Jury. Gentlemen of the Jury, this is an indictment for stealing two hats, and there will be two questions for you to consider: the first is, whether from the character given of him, and the evidence taken altogether, you believe him to have been guilty at all; whether he is the person that has done it, or if he did it, whether he did it with any bad intent at all: Mr. Rankin tells you, he is quite sure the prisoner came into his shop in the evening of the 7th of November, &c.

Here the learned judge summed up the evidence, and then added -

Gentlemen, if you are of opinion, from these circumstances, that the prisoner did go with this false story, with intent to get into his own possession, and convert to his own use, the hats belonging to the present prosecutor, and that he was the person that came back with that other false story, that Mr. Rankin had sent for those hats, and that by that means he obtained the hats in order to convert them to his own use, then you will tell us so, and we must put that on the record, for the Judges to decide, whether that under the circumstances be a felony, or if it be only a fraud: if it be a felony, the court will determine on your stating the particulars, that he is guilty, and they will punish him accordingly; if it is only a fraud, of course the prisoner, being now indicted for a felony, will be

acquitted; and it will be for consideration afterwards, whether he shall be indicted for a fraud or not.

Jury. My Lord, we are bound to believe the evidence, and that the prisoner was the person that obtained the hats.

Mr. Shelton read the special verdict. That the prisoner, with intent unlawfully to obtain, and to convert to his own use the goods mentioned in the indictment, went on the 7th of November to the shop of Mr. Rankin, and there told Mr. Rankin, that Mr. Sansum,

[Court. I suppose the jury mean to find, that when he went in the first time, he had the same intent? - Jury. No doubt.]

who lived in London-street, wanted a hat, and desired that he (Rankin) would carry him some to look at:

[Court to Rankin. You did carry some hats with you? - Yes, I did.

Did the man go out after you, or before you? - Before me.]

Mr. Rankin then went with some hats to Mr. Sansum, in London-street; while Mr. Rankin was gone, the prisoner at the bar returned in three minutes to the shop, and said to the man who had been in the shop when the prisoner first went there,

[Mr. Garrow to Morgan. Little boy, was you in the shop when the prisoner first came and told your master? - Yes, I was.]

your master is at our house, and he has sent me, and says, you must give me the cocked has and the round hat that are in the window, which he accordingly than and there delivered to the prisoner, who went away with them, and converted them to his own use; and they further find, that Mr. Rankin did not send the prisoner, or any other person for the hats.

GUILTY , sentence reserved .

Tried by the London Jury before Mr. Justice WILSON.

Reference Number: t17881210-92

92. JOSEPH STOWE was indicted for stealing, on the 8th of December , a hundred and ten pounds weight of pewter, value 50 s. the property of certain persons unknown.

The prisoner was taken with the pewter, carrying it into an old iron shop, but no felony being proved to have been committed, he was ACQUITTED .

Tried by the London Jury before Mr. Justice WILSON.

Reference Number: t17881210-93

93. WILLIAM ENGLAND was indicted, for that he, with divers other persons at the parish of Aldborough, Wilts , on the 25th of December, 1786 , did unlawfully and violently make an assault on James Hiscot , and William Curtis , officers of the Excise , in the execution of their duty, in seizing twenty gallons of spiritous liquors, called brandy, liable to be seized by them, and did unlawfully hinder, oppose, and obstruct them, then being on shore, in the due execution of their duty .

A second Count. For obstructing them and assaulting them on shore.

A third Count. For a common assault.

(The Witnesses examined separate.)

The Indictment was opened by Mr. Garrow, and the case by Mr. Silvester.

JAMES HISCOT sworn.

(Examined by Mr. Fielding.)

I am now what is called a supervisor of Excise; I know the defendant, William England .

State to my Lord and the Jury the circumstances as they arose in Wiltshire, when this assault was made on you and Curtis? - It was the 25th of December, 1786, in the parish of Aldborough, I went by myself between eleven and twelve in the morning; I found a large quantity of tubs; as soon as I found them, I tasted one of them, and found it to be brandy; I found them in a thicket; I waited there about twenty minutes, as near as I can guess, and then William Williams , and William Curtis , officers of Excise, and John Owen, collector, came to me with three marines; I had received information in the morning of that day; I had given them previous notice of my intention; Owen went away immediately to get a waggon, and Williams, and Curtis, and myself, assisted by the marines, began to take the tubs out of the thicket, that we might have them in a convenient place for loading; when we had got them nearly all out, (I suppose there might be about twenty left in the thicket) there came a large gang, a large company of men; one in particular had his face blacked, some were armed with horse-pistols, others with a pocket-pistol, one with a blunderbuss, some with prongs and long sticks.

Are you enabled to say nearly how many the number might consist of? - As near as I can guess, about thirty, but they were not all armed; I recollect one had his face blacked, and one bad a double barrel-gun.

Did you perceive England, the defendant, at the bar, among the number of men? - I do not recollect that I did: when they advanced upon me, I desired them to desist; there was a gate between us; we laid the tubs against the gate which separates the road from the field; I was on one side of the gate, and this gang of men on the other; some of them presented their arms over the gate towards us, and the others drew off to the part where the tubs were, and sunbunded us; I persuaded them not to meddle or make with them; I told them that I know a great many of them, and that they would forfeit their lives, if they meddled with them; they swore; I threatened them; and the man who had his face blacked, whose name is James Ford , came and beat in the hand of one of the tubs with the heel of his shoe, and prevailed on the soldiers to drink; I desired them not, but I could not prevail on them, so the soldiers took a little of the brandy; after they had been there about ten minutes, there came two waggons, and the mob, the company of men, immediately began to load the waggons.

Were those the waggons that Owen was to bring? - No, their own waggons; some of them formed themselves into a sort of line, and handed them one from the other, and some carried them in their hands; when they had got them all up in the waggons except about twelve, they consented to give us forty of them; and I asked them for a waggon to take them away, and they said we should not have one of their waggons, but they would let me have a cart.

How many tubs might there be in all? - About two hundred; one of the men immediately went with me to a farmhouse and got a cart; I left Williams and Curtis with the tubs; I returned in about twenty minutes, then the waggons were gone, but the people were not doing any thing; one of the waggons was gone before I went for the cart: I saw England in the line long before that; the first time I took any notice of him was when he was lifting the tubs in the line.

Was he amongst the men in this line, lifting the tubs from one another? - He was.

Did you perceive, or take any notice of him at any time when you saw him in that situation? - No, I did not; I am sure he is the man; for when I went to the farmhouse with the cart, I accused him with it;

says he, I have a night to do what I please on my own gowned and I think I saw head about way to the farm-house.

Then you have no doubt at all of the man? - I am sure it is the man.

Did Williams and Curtis drink of this brandy when the cug was open? - I do not know; yes, Williams got very drunk, Curtis was very sober; when I was going away with the cart loaded, one of the soldiers was so drunk, he could not walk, and I was unwilling to leave him behind, and we lifted him on the cart, and we had a great struggle; and I tied him on with one of the things; and Williams was so drunk, and he lifted up his eyes, and I tied him on with the soldier, and I fastened him on, and the horse was not able to draw him, and I took him off and put him down; and one of the smugglers took him on his back, and ran away with him; and so I desired Curtis to take care of the man.

Mr. Shepherd, prisoner's council. How long might you be about all this, from the time you first made your seizure? - I suppose it might be two hours or more; I cannot so well conceive of the time in such confusion.

You did not see this man at first? - No.

The first time you observed him, was lifting the tubs from one another? - Yes; they formed a line in the place.

Was not that after you had agreed to take the forty tubs? - No; they never proposed giving us forty, till they were all loaded, except twelve.

Did you see England there till after you made the agreement about the tubs? - Yes, long before that; he never spoke to me at all, nor I to him in my life, till I spoke to him at the farm-house.

He was not there when the forty tubs were loaded? - Not that I know of.

Do you remember a woman going to strike you? - No, I do not.

Upon your oath, did not England prevent the smugglers from beating and attacking you? - No, not in the least; if he did, he did it secretly; I am sure I am a stranger to any such thing.

Had he any arms? - I did not see that he had any.

How long had you been at the spot before you saw him? - I cannot recollect.

You must recollect; I mean from the time of the first seizure? - I suppose more than an hour before the mob came; I cannot tell exactly.

Do you mean to swear that? - I cannot tell exactly; we must be pretty near an hour before any of the mob came.

How long after the mob came did you see England? - I suppose about twenty minutes.

I think you say you told several of them that you knew them, and they were committing an offence against the laws? - Yes.

You know several of them now? - Yes.

How comes this man to be the only one against whom you gave information? - They are not yet taken.

Have you ever seen them since? - Yes.

Have not you frequently seen them within the last two years? - Yes, many of them, but I knew I did not dare to touch them.

How came the others not to be taken? - I hardly dared to look at them; I staid there at the hazard of my life; I did not fix upon England; it was not I that took him; I have been gone from the country above a twelvemonth.

Do you mean to swear that you could not have taken many of the others in the same way you have taken England? - I

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

Reference Number: t17881210-93

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex, HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 10th of DECEMBER, 1788, and the following Days;

Being the FIRST SESSION in the Mayoralty of The Right Honourable William Gill , LORD MAYOR OF THE CITY OF LONDON.

TAKEN IN SHORT-HAND BY E. HODGSON, PROFESSOR OF SHORT-HAND; And Published by Authority.

NUMBER I. PART V.

LONDON:

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

MDCCLXXXVIII.

THE WHOLE PROCEEDINGS UPON THE

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

Continuation of the Trial of William England .

have met several of them, but I knew I did not dare to meddle with them; I did not dare live in the place with any safety.

This happened, I think, near two years ago? - Yes.

When was that man taken up? - I do not know particularly.

Was not it a twelvemonth very near after it happened? - Yes.

Was not he taken last September, and do not you know it? - I do not know the month without some recollection: I never knew anything of his being taken, till I read orders to attend the trial.

Do not you know now that it was last September that this man was taken? - It was sometime about the last sessions.

How long did you remain in that part of the country after this happened? - I suppose eight months.

Had you ever seen England between the time that the affair happened, and the time that you quitted that part of the country? - I had.

At his own house? - I never was at his house in my life to my knowledge; I saw him at Salisbury market, and frequently about Salisbury.

Did you know where he lived? - I knew he lived at Aldborough, but not particularly to the house; I knew his name.

You saw him several times at Salisbury about his common ordinary business? - Yes, I saw him several times at Salisbury.

You took away your forty tubs? - Yes.

By agreement? - Yes.

How came you to compound? - We could not get the whole.

Did you make a bargain with these smugglers to take forty, and that they should have the rest? - They forced us to do it.

So that you thought if you could not make a seizure according to your duty, the next best thing was to make a bargain with the smugglers? - I did the best I could.

When did you give information about

this? - That was not my business; I informed the collector immediately; I knew if I attempted to take any of them, I was liable to have my house pulled about my cars.

Did you ever point them out? - Yes, I did to the collector; he informed the Board of it.

Mr. Fielding. I believe you was in Essex, when this man was apprehended? - Yes.

You had discharged your duty in informing the collector? - Yes.

Court. When some of the people presented their arms at you, their guns, and blunderbusses, and pistol, and the other part drew off to the tubs, you did not at that time see England there at all? - I do not recollect I did; I had no personal knowledge of the man before; the first time that ever I took notice of him was when he was handing the tubs in the line.

Then after you saw England there, there were no arms presented at any of you? - They had conquered us then; the arms were with some of the smuglers.

When they took the tubs, and put them into the waggons, you were entering into a treaty and capitulation? - They had taken all up but twelve; then they consented to give the forty.

Mr. Shepherd. Was not there for a long time a dispute whether you should have thirty or forty? - They would not consent to give us any at first.

Did you ask any? - Yes, I intreated them a great many times not to take any away, but they would not.

Did you ask them for any smaller number? - They made the proposal, they first proposed forty; that was the first consent they made.

What proposal, and what conversation was there about dividing this between you; about their having one part and you another, before they consented to give you forty? - The agreement was among themselves; I consented to take forty, and if they had offered me but ten, I suppose I should have taken it, rather than have gone away without any.

Then there had never been a word about their giving you thirty, upon oath? - Not that I know of, I do not recollect it.

Why you recollect whether there was any bargaining or no? - There was no such bargain; it was among themselves, if they made any bargain, it was their own proposal.

Then among you officers there was no bargaining that you should take less than the whole? - Not at all; we consented to take the forty; I was afraid they would not let us have the whole; there were six of us, and more than thirty of them.

If they had a mind, they could have carried it all away? - They could if they would.

There were several of them armed, and about forty against six? - Yes, they might very easily have carried away the whole if they chose it; the remainder of the forty, above the twelve, were unloaded out of the waggon; they sorted out some of the common liquor, and I objected to take it, but they said I should have that or none.

As they could clearly have carried away the whole without your being able to give them any obstruction at all, how could you object to any thing they thought fit to give you, unless there had been some bargaining between you, that nothing more should be said; was there any thing of that sort upon your oath: you thought yourselves in a scrape; these men could murder you; did you, in order to get out of that scrape, and to get quit of these fellows, say if you will give us thirty tubs or forty tubs, we will part friends, and there shall be no more of this? - I did not say we would part friends; they proposed it, and we consented to take forty.

Then after you had consented to this, you thought they were not using you fairly, in giving you common liquor, and you objected to it? - Yes.

Was the prisoner the possessor of that ground, as he said he had a right to do what

he pleased on his own ground? - I do not know.

WILLIAM CURTIS sworn.

Deposed to the same effect, and that Williams had since been discharged, but did not know for what.

Mr. Shepherd. Why these smugglers were very generous? - Yes.

You told them you would have nothing to do with it, except you could get the whole? - Yes.

But you took forty? - Yes.

You said no, and took them? - Yes, but not to come to any capitulation.

You had the tubs, and what they produced at the sale? - Yes, I suppose so; I never asked them for any, not ever heard any word pass that nothing more should be said, if they would give forty; that I swear.

When did the Excise-office hear of this? - I do not know; it was not to get myself out of any charge; I was sent for to town, last September twelvemonth; we were before an attorney in Salisbury.

How long was it before the smugglers came up, that you first saw England? - It might be five or ten minutes, I cannot say.

No more; rub up your memory? - I cannot pretend to say; ten minutes or a quarter of an hour.

Will you swear it was not half an hour? - I cannot pretend to swear, it may.

Then you cannot tell whether it was five minutes, or half an hour? - I cannot say, we were all in confusion; the first I saw of him, he was moving the tubs.

Was it not above half an hour after? - It may be about that time.

How was he dressed; in his Sunday cloaths? - Very tightly.

How far is this from the church? - I do not know.

Is not there a steeple to the church? - I do not know I ever saw Aldborough church.

Mr. Shepherd addressed the jury on the part of the defendant.

STEPHEN BUNGAY sworn.

Mr. Knowlys. Where do you live? - At Aldborough; in Christmas, 1786, on Christmas day, I was at church; the Christmas before last.

Do you know England? - Yes.

Where was he on that day? - At church; I saw him there during the service.

Was he there all the time? - Yes.

You saw him there? - Yes.

How far is Aldborough church from the place where there was a riot on that day? - Upon my word I cannot tell you.

How many fields off? - I cannot remember.

What time did the church-service break off that day? - About twelve.

Rather before, or rather after? - Rather after, not no great deal.

Where did you go after service? - Home.

Does your home lay in the way to the prisoner's? - No, the opposite way; I do not know which way he went.

What business is the prisoner? - A dairy-man.

How many cows has he? - I cannot tell.

Is it a pretty large dairy? - Yes.

Does he support himself by that business? - Yes.

Has he any family or servants? - Yes; a very honest man.

Did you ever hear of this man being concerned or connected with smugglers? - I never did.

Mr. Silvester. That is not evidence. Then there are a few smugglers in your country? - None that I know of.

You do not know where the willow thicket is, where the tubs were found? - No, I do not know any thing at all about it.

Did all the people that were at church continue there all the time? - Yes.

Who preached that day? - I cannot recollect.

Was there a sermon? - Yes.

Who is the clerk of the parish? - Jonathan Gerrard .

Mr. Shepherd. Are you sure he was there all church time? - Yes.

RICHARD SYMONDS sworn.

Mr. Shepherd. What are you? - A little farmer and butcher; I live in the parish of Aldborough.

Do you remember whether you were at church or not on Christmas day, 1786? - Yes, I was at church, and received the sacrament there, at Aldborough church.

Do you remember coming from church? - Yes; and I remember coming through my own ground; and when I came within a stone's cast of my own ground, I saw a parcel of people got together; and great disputes; a quantity of people, men, women, and children; when I came there, I saw Hiscott and Williams, whom I knew very well; and then I knew what was the matter I did not know Curtis.

Did you see Mr. England there? - No, I do not remember that I saw him there; for I was not there but a quarter of an hour.

Did you see any thing of England that day? - I do not know that I saw him all the day.

Did you make any observation what those officers were about? - I went to Mr. Hiscott, and asked him; and he said they could not agree concerning the tubs; and I asked him what agreement they wanted, and he said that he wanted forty tubs, and never no more should be said of the matter; that it should end there.

What did they say to you first? - When I first came to Mr. Hiscott, I asked him how he did, and said, Sir, I am for this; says he, so am I; are you come with respect to these tubs; I said no, I am just come from church; it is our road: he said they would not come to an agreement about these tubs; and he said they wanted forty; and I went to the opposite party, that was against them, and said, gentlemen, here will be rioting; there were a parcel of women; they were got very rude; and I said there certainly will be mischief; you had better agree; you cannot blame the officers, they are in the king's business and immediately I went and told them of the consequence of these here things; they agreed to take forty tubs; and there was a sample lay on the ground, and I went home directly. Hiscott, and Williams, and Curtis were called together, and they all three agreed that nothing should be said of the matter, if forty were given; the smugglers were not willing to give more than thirty at first; I persuaded them to give all that they required; for I thought the consequence would be great, and mutiny would ensue.

Who counted out the tubs? - I do not know; the officers stood at the same time to see that they had forty: as soon as it was settled, I said good morning to you, gentlemen, and I went home to dine with my wife and family; I was not there above a quarter of an hour; I know England very well; he is a dairy-man, and keeps cows; he has four children; he has been next door neighbour to me for twenty-four years; I knew him that while; I never knew but that he was always a very honest and industrious man; I never knew him guilty of any smuggling, nor never heard by any man that he had a bad character, or was a man of that sort; he was always an industrious man for honesty; I have had a deal of dealings with him myself.

From the time that this transaction happened, where has he lived ever since? - There, in the same house; always attended the markets every day, except two days, then he had the misfortune to put his knee out; he was never in secret, he always was at market twice a-week with his butter and bacon.

Was he lame in Christmas, 1786? - Yes, he was a little limping; he could not walk without a stick.

Was this place in your way home from the church? - Yes, in the high-road; it was not two stones throw from the road; it is England's road from the church, and his road to the ground that he rents for his dairy; we can fling a stone.

Mr. Fielding. Cross-examination. When did you come to town? - Tuesday morning I sat out this day se'nnight for Salisbury, at four o'clock; I do not remember that I saw him that day, but I question but I might.

Why did you say to Williams and Curtis, you were sorry for this? - Because I thought there would be mischief by the women being almost drunk; I was sorry to see there was such a riot; I was come from such a place of receiving the sacrament, I was coming into a very bad place.

But you knew they had seized a parcel of goods, and were opposed by a parcel of smugglers? - Yes.

Did you offer any assistance to them? - Hiscott asked me if I would go and ask them to come to their terms; he said he, did not like it; and I went and apprized them, and they come to the terms.

In what manner were the people employed when you first came up; were they putting the cags into the waggons? - Oh, no, nobody meddled with the cags at that time.

The waggons were there at that time? - There were some in the waggons, and some laid on the foot path.

Were not they then in the very act of putting those cags into the waggons? - They were put into the waggons, I believe, except them on the ground; they took enough out of the waggon to make them forty; I staid till the forty tubs were put on a heap, and they agreed; and then I bid them a good morning, and went home.

Do you know Mr. Bungay? - Yes; he was at church.

But your next door neighbour you did not see? - We sit at a great distance, and then I staying behind, and he did not; that might be the case; I believe he might be at church.

Court. All that were put into the waggons that you saw, were put into the waggons before you came up? - Yes.

And the bargain was not compleat, for you assisted in making this bargain? - Yes.

Mr. Shepherd. Did you see Williams? - Yes; he was as sober as I am at this very minute.

Mr. Fielding. What, was Williams sober? - He was as sober as any man in England.

Did you see the marines there? - Yes.

How were they? - They were very sober; they told me the women got a cag, and beat in the head, and drank out of their shoes.

WILLIAM WILLIAMS sworn.

Was you an officer of Excise at this seizure? - Yes; we found a quantity of goods in an open copse; they were cags of brandy; then we removed them to a little distance, about two hundred yards; we came there about nine; it took us near an hour to remove them; we put them close against a gate; the smugglers came between ten and eleven; they said they would have the goods; they did not belong to us; we at first said they should not; this was about an hour before the waggons came; I do not know who fetched the waggons.

Was you resisting when the waggons came? - Yes; he proposed to let us have a few, if we would accept of them; as near as I can guess, it was ten in the first place; there several propositions, so they came to fifteen, twenty, thirty; they were loading the waggons all the time, so we said we would not accept of one less than forty.

Who said that? - Mr. Hiscott, and we all together; we said we would not accept of one less than forty; there were women by at the time of this conversation; the prisoner, I am sure was one; he tried to persuade them to give up the forty tubs, and Mr. Symonds was the other, he tried likewise, and at last they agreed to give us forty tubs; and we said that then they should carry them safe home to the Excise-office; the defendant went away with Mr. Hiscott to borrow a cart; they did borrow one, and the defendant helped me in particular to load the forty tubs into the cart:

the defendant had the same clotahs on then he has now.

At the time the smugglers first came up, was the defendant there, or was he not? - I never saw the the defendant till about twelve, or a little after, not to take any notice of him; that was more than half an hour after the smugglers came up.

Had he any man with him? - Nothing, but a little stick, about the size of mine.

Did he attack or abuse the officers in any way? - Not in the least. There was a woman going to strike me, and going to strip to fight me; the defendant took hold of her, and persuaded her to be quiet, and put her on one side.

Then you say he did nothing at all to hurt any body, or to abuse the officers? - Nothing at all, to my knowledge.

Mr. Garrow. Cross-examination. You knew the prisoner before, I take it for granted? - I had seen him before, several times, in the market.

You are quite sure of your man? - Yes, yes.

You are quite sure he was the man who endeavoured to persuade them to give you up the 40 s.? - Yes, he and Symonds in particular; and there was another man: they did that as soon as I saw them.

Did you see which way Symonds and the prisoner came? - No, Sir, I did not take any notice till they began to interfere; I do not know whether they came up together.

It was a very fatiguing day to you, Mr. Williams; you could not walk home? - Yes, it was. I fell down.

I believe the marines had some hard service? - Yes.

You and the marines had such hard service that you were very much fatigued? - We had a good deal of trouble in removing the tubs.

Who was put up into the cart? - I never saw any body put up on the cart.

Upon your oath, you was not put up on the cart? Come, now, with this hard service of yours, - I was not put on the cart.

Do you mean to deny that the marine was put on the cart? - I cannot say, because, after I fell down, I could not go any further.

There was nothing to drink; you did not drink? - Yes, I did; I drank twice.

You drank by word of mouth? - Yes.

What liquor might you have? - It was brandy.

You took two hearty sucks at it? - Not very hearty.

Are you sure the prisoner was the man that came up with Symonds? - Came up with him! I never took any notice of him, till he interfered. I saw Symonds in one place interfering, and the defendant in another. Sometimes they were passing each other; sometimes very near to each other.

Near enough for near neighbours to know that each other were there? - I should imagine so. The prisoner did not go away with Symonds; Symonds went away directly, as soon as the matter was settled. The prisoner went away with Hiscott, to borrow the cart. I saw the line of tubs formed: I did not see the prisoner at that time.

Who took you up, like any other drunken log, and carried you away on his back? - I cannot remember. I believe Curtis was there, by my side.

Where did you find yourself when you got to your senses? - Why, at a farmhouse. I was in my senses before I got there.

Who was the farmer? - His name is John Lawrence . It might be between three and four.

Do not you know that Lawrence is one of the defendants in this indictment? - No, I do not.

Was not he one of them that were armed in this affray? - I believe he was.

What piece of fire-arms had he? - To the best of my knowledge it was something of a gun broke, only longer than a pistol.

A gun-barrel cut down; that is what you mean? - Yes.

One of the smugglers, so armed, carried

you away? - Yes. At that time I was hurted by my fall.

But, except being hurt by your fall, you was as sober as you are now? - There were many hurt besides me.

Do you remember being tied up on the slings on the cart? - No, nor nobody else; I will contradict it.

What was you turned out for? - I was not turned out the last time; I was turned out once. I have now got an estate of about 60 l. a year left me, and I thought it was a deal better than the excise.

I believe you had had a hint that it was as well to resign? - Not in the least.

Do you live near the prisoner now? - No, seventy miles below that.

Mr. Knowlys. Did you drink any of of this brandy till all the matter was over? - Yes; once after we removed the tubs we every one of us drank, and not a drop after that till all this matter was settled; and that only once.

Court. Was you drunk or sober when you fell down, upon your oath? - As sober as ever I was in my life, till I fell down. It was so slippery, that no person could hardly stand, neither horse nor man, and the ground all a cake of ice. I mean to say that I was sober, sober enough: I cannot say but that the brandy might effect me a little, having eat nothing all day; but sober enough to know what I was about before my fall.

Mr. Garrow to Hiscott. You hear this? - Upon my oath, I was the person that assisted in putting him on the cart: he was put there on account of his drunkenness, and being unable to go; and there he would have lain, if the horse could have drawn him: and as soon as we took him off, we laid him on the green, and he lay as dead, like a post; and one of the smugglers, Lawrence, took him up, and run away with him; and I desired Curtis to go after him.

Court to Curtis. Upon your oath, was he drunk or sober? - He was very much in liquor; he could not walk; and I assisted Hiscott in putting him on the cart; and then the horse could not move, and he was taken down again. I clapped him upon his back.

Was he so drunk as to be unable to move or stir, or take care of himself? - He was not able to walk at all. I never drank myself till after Mr. Hiscott was gone after the cart.

Court. Can you swear that Williams was in liquor, or might he not be able to walk from the blow? - He did not fall till after he was on the cart, and taken down again. I helped to lead him some distance on the arm, behind the cart.

Court to Hiscott. Did you hear the evidence of Symonds to day? - Yes. I very well recollect seeing Symonds there, but the particulars of the conversation which passed between us I cannot recollect a syllable of it. I was in such a slurry, and so frightened, that I cannot say what I did say; and so much time has elapsed since.

Mr. Silvester replied, and the learned Judge summed up the evidence.

NOT GUILTY .

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

Reference Number: t17881210-94

94. JOHN OLD was indicted, for that he, together with several others, on the 4th of April, in the twenty-seventh year of his Majesty's reign, at Falmouth, in the county of Cornwall , unlawfully did make an assault on Daniel Stewart , being one of the officers of excise in the service of our Lord the King, and being on board a certain boat, within four leagues of the coast of this kingdom; to wit, within one league, in the execution of his duty, in seizing and taking a large quantity of foreign brandy and geneva; to wit, ten gallons; which were liable to be seized by the said Daniel Stewart , as one of such

officers; and did unlawfully and forcibly hinder, oppose, and obstruct him in the execution of his duty .

Second Count. For hindering and obstructing him in the execution of his duty.

Third Count. For assaulting and beating him in the discharge of his duty.

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

DANIEL STEWART sworn.

Mr. Garrow. You was the commander of the British King revenue cutter? - I was in the service of the excise.

Was you on board the cutter on the 3d and 4th of April, 1787? - I was.

Be so good as to tell us what your directions were on the 4th of April? - On the 3d of April, in the evening, I was sitting in a coffee-room at Falmouth. I had some information of two boats coming in, which led me to man my boats. I went off from Dean's Castle, and there I waited with my people till between one and two in the morning. My force was five men and myself. I saw a small cutter boat coming in for harbour: we perceived her standing in: we rowed further into the harbour, close into Falmouth harbour, within the port of Falmouth, over the bars. When we perceived her far enough, we rowed forward, and came up to her. Whenever she perceived us, she stood right for the shore. We overtook her on the rocks, and laid hold of her with the boat-hook. Soon after we hooked her, she struck on the rocks. We told them it was the excise-boat, and to lower their fails. Just as she struck, there was a pretty fresh breeze of wind. I got on board of her. I was surprized to see so many men; I did not expect above four or five; there appeared to me to be ten or twelve people, or perhaps more. They were sitting on the casks when we boarded her: they were casks full of brandy, I suppose about nine gallons each cask.

What quantity do you imagine were on board the boat? - Twenty-one. When I saw so many men, I was a little alarmed. I told them to go on shore immediately, quietly; or else, if they made any resistance, it would be worse for them. No one spoke, or moved. I had a cutlass in my hand, and I cut all the ropes of the rigging, to lower their sails. There were two or three of my own men, that followed me into the boat; I told them to haul the fails down: at the same time it was pretty dark. Just at this moment I perceived a man put his head between my feet, to throw me overboard; that was one of the people of the smugglers. They were all sitting down, and we were standing up. It was very suddenly. Though I had a cutlass in my hand, I had not time to make use of it. I stooped to lay hold of the man whose head was between my feet; upon which one of the people of the smugglers struck me down with a bludgeon. The boat was so low, and nothing to lay hold of, to prevent me from going over, I did not expect to escape. The mark of it is here; and the man who had his head between my legs shoved me; and with that, and the assistance of the blow, I went over back wards into the water. At last I got upon my feet in the water, and caught hold of the boat's gunnel; and as I got my head above water, I received another blow on the cheek, which swelled very much. I found myself very much stunned by the first blow. I then recovered my footing pretty well, and I kept the cutlass over my head, which was bruised by the bludgeons; for we afterwards secured several of the bludgeons, which were square, like a piece of wood cut out of the rough: there were some for one hand, and some for two; which were of course very dangerous weapons. With one of those bludgeons I had my blows. In point of fact, several blows were aimed at me. I received two very severe blows: I kept a great many off my head with my cutlass: the steel bars of the cutlass were knocked down flat on my hand. It was not a common cutlass; it was a better one, that had very strong steel bars. After this, the affray became general in the

boat, between my people and the people of the smugglers.

How did it end, at last? - The man that threw me over, was thrown over by one of my men immediately after: they say it was the prisoner; I do not know him. We at last threw all the smugglers overboard; we then took possession of the boat. When my own people were taking me out of the boat, I received another blow on the breast with a stone. The water was then above my middle, as I stood in the water, and they threw stones from the shore; a great many showers of very large stones. I might be eight or ten yards from the shore. The blow I received was a very large one: my wrist was black, I dare say, for three months; I had not the proper use of it for two months. At last we possessed ourselves of the boat: we found in it one or two and twenty anchors of brandy, I do not recollect which; they contained about nine gallons and a half, or ten gallons. That was the first duty I ever did.

Were they slung? - Yes; there were ropes tied round them for convenience, to carry them away, or whip them on horseback: that is usual in the smuggling trade; not very common in fair trade; there is no such casks used in fair trade. I tasted the spirits; it was foreign brandy.

You was a stranger at Plymouth? - Yes.

You was not acquainted with the smugglers? - No, I was not.

Mr. Knowlys, Prisoner's Council. This was between one and two in the morning? - Yes.

No later in the year than April? - No.

It was last April? - Yes.

PETER WHITFORD sworn.

I was a seaman on board the British King excise cutter, on the 4th of April. I was one of the five men that manned the captain's boat in Falmouth Harbour. We saw this smuggling boat, and waited for it; we gave chace to it, and hailed her: we told them we were the excise-boat, and desired them to haul the fails down. They made no reply at first; we hailed them again: one of them made a kind of answer, just to say they would, or something of that; but they never did, till they run the boat on shore; then we run the boat along side of it; Captain Stewart and I came along side of her. When we came on board, we saw the liquors: I believe there were ten men. We boarded her, and ordered all the sail down: they never once hauled the sails down; but one Solomon Allen , with a little stick he had in his hand, made a blow at Captain Stewart. I knew Allen for some years before. It was a fine night; I knew him; I dealt with him for years. I said, Solomon, what are you about? I had a hanger in my hand, and I came up with my hanger, and fetched a blow at him: he was gone; whether he fell overboard, or was hit overboard, I do not know. With that, John Old , he came and took up the captain, and threw him overboard. I knew Old ten years past; I had failed with him before he was in the smuggling trade: I knew him when he failed in the custom-house employ: he turned a smuggler for two or three years before this.

Are you sure he was the person that stooped down and threw the captain overboard? - Yes, I am sure of it; and when they hove Captain Stewart overboard, a man came forward in the boat with both his hands to a large stick, and struck him over the forehead; and another, with a large stick, (they had all large sticks) as big as my arm, in the hurry I was knocked down into the boat, and had some blows over my arm: my arm was swelled up; I thought it was broke, it was so swelled. I had some blows after I was down. I lost my senses; I saw nobody came to my assistance; I thought the smugglers would have killed me. We three, only, jumped on board. One Peter Mallard got on the stern of the boat, and he was thrown overboard before he could get in, just as he put his foot on the side of the boat. We found twenty-one ankers of brandy and

gin; then we threw the smugglers out of the boat upon the beach; then they have stones at us: but the sail of the smuggling boat kept the stones from damaging us so much, but we had blows from the stones.

Could you see who were the persons that threw the stones? - Not in particular: but, by the quickness, they all threw stones; all the smugglers stood on the beach and hove stones. I cannot say to the prisoner in particular. I thought I saw Solomon Allen make a blow on the captain. At this time John Old ran between Captain Stewart's legs, and threw him into the sea.

Mr. Knowlys. You are in the service of the excise now? - Yes.

How long? - About a year and a half.

This was just as you came into the service? - It was.

Before you came on board the boat, you saw that they were more in number than you were, did not you? - We did not see that they were so many as they were; we did not notice that they were more in number than we.

Your attention, as I take it, was first engaged by Solomon Allen ? - Yes.

He, you say, gave a blow at Captain Stewart? - Yes.

Then your struggle was with Allen? - It was. As soon as ever I gave him a blow with a hanger, he ran out of my way as quick as he could.

You say it was a pretty fine night? - Yes.

No more but perhaps a little star-light? - Yes.

No moon at all? - No. I knew Allen very well; I spoke to him: I did not speak to any body else; I had not time.

Perhaps you attended at the assizes in Cornwall? - Yes.

Perhaps you gave evidence against a Mr. Mispreddenick? - Yes.

You gave evidence, and declared he was active? - Yes.

He was acquitted? - Yes. He was one of the last men in the boat.

Mr. Silvester. Was it light enough to know the prisoner? - I am sure the prisoner was there.

Are you sure he was the man that threw the captain overboard? - I am sure he was the man that threw the captain overboard. I would not say half a word against the prisoner upon any account in the world.

GEORGE HAWKES sworn.

I was a mariner on board the British King. I remember going with Captain Stewart in the boat, to board a smuggling boat in Falmouth Harbour. When I came alongside the boat, one of the men, the master of her, held her fast, while me, and Peter Whitford , and Captain Stewart, went into her; and before any man could come in, John Old , the prisoner, hauled Captain Stewart overboard. He knows me very well, and I him. I have known him fifteen or sixteen years; I have failed with him in the Customs. I believe I have left it off for four or five years. I am sensible he is the person; he put his head between his legs, and turned him backwards; then I took the prisoner directly, and threw him overboard.

What became of the prisoner after that? - I do not know; he went on shore. After they got on shore, they hove stones as hard as they could heave them. We took possession of the boat; we found in her twenty-one ankers of liquor, gin, brandy, or rum; foreign spirits.

Was it slung? - I think they were. Captain Stewart was badly hurt by this; he had a cut in his head.

Are you sure the man you threw overboard was this prisoner? - Oh, that is the very same man.

Mr. Knowlys. This was between one and two in the morning? - Yes. I had but just got on board this smuggling boat.

From that time to the present perhaps you have not seen the prisoner? - Oh, yes, I saw him the next morning go into a publick house at Falmouth.

You took him up, perhaps? - No.

Never applied for a warrant? - No.

Perhaps you appeared at the trial in Cornwall? - Yes, against one man.

The jury acquitted him? - Yes.

Mr. Knowlyes addressed the jury on the part of the defendant.

GUILTY .

Imprisoned Three years .

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

Reference Number: t17881210-95

95. JOSEPH SMITH alias EDWARD HUNT , was indicted, for that he and several, on the 24th of September last, with force and arms at the parish of Berwash, in the county of Sussex , upon Henry Pudsey , one of the officers of Excise , in the due execution of his office, did make an assault, and obstruct him from seizing, twenty gallons of brandy, and twenty gallons of geneva, liable to be seized .

A second Count. For that he, with several others, unlawfully hindering, opposing, and obstructing him in the due execution of his duty.

A third Count. For unlawfully obstructing him in the execution of such duty.

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

JAMES VENIS sworn.

On the 24th of September, I was employed on the hop duty for the Excise; I was stationed at Vinehall, near Battle, Sussex. On the 24th of September, about seven, I saw the prisoner in company with a person of the name of Cain, and a boy, with five horses loaded with spirits; they came through Vinehall; they were about four gallon casks; there were three on each, three horses, and five each on the two led horses each, they were slung across; I applied to Mr. Pudsey, the officer; we pursued them on the road; we thought it was the most likely to meet with them; Pudsey and me, and another, pursued them: Pudsey was the established officer of the Excise; we came to the place called Berwash Weald, which we thought a likely road for them to take; we had not been there some few minutes, before we saw some people stand in the road, at a little distance; we came up with the prisoner and his companions; upon sight of us, they immediately rode away, and left their two led horses, with five tubs each, and by some means, drove off four more: they rode off with the other two horses; the prisoner was certainly one of the persons; I knew him by name before, but not by sight; I am positive he was one of them; Mr. Pudsey, the other officer, pursued them, and I stepped back to take charge of what was left in the road; they might be gone four or five minutes, and they returned with one horse, and one cask more; then for the better taking the things they were down in the road; we took the horses and goods to the stable in Berwash Weald, to the stable of the publick-house called the Weald; we had not been there more than ten or twelve minutes before the prisoner and the other men appeared in sight, about twenty roods from the Weald, and sat on their horses, and used very harsh language, and swore that we should not take it away; at last, the person that was along with the prisoner, called to Mr. Pudsey by his name, to know if he would give him any thing to drink, and he told him if he came back and behaved himself quietly he would give him a glass; they came back within a few roods of the house, and we gave the other man a glass of geneva and some beer; he was there, so that we had an opportunity of observing them; after we were coming away with the things, they began to use very violent means; they concluded, when we were coming out of the stable, to join together, and not suffer us to take them away; they swore they would be true to each other, and not suffer us to take it away; the other person that is not in custody, said, let us stand true to each other, and not suffer them to take it away; the prisoner consented to it, and I believe

there were hands shook to the bargain, but I cannot say I saw that; then they both rode into the yard immediately before the door; they kept the door, and swore we should not come out with the horses nor the goods, and kept us, I suppose, for the space of an hour; and after, as we were standing at the door, desiring them to keep themselves quiet, they struck at the doorway, and broke off the top.

Who did they appear to strike at? - At us, it appeared to be; they swore they would beat our brains out, and kept beating and aiming blows, which fell on the door; they were at that time on horseback; Mr. Pudsey and us advised with each other; I thought it prudent to get more assistance; I went out of the back-door; there were two doors in the stable; I went the back way to Berwash town; no officer was at home; the landlord came, and I desired the constable to come; and when we came back it was very quiet; the prisoner, I found, was shot; I found Mr. Pudsey and the prisoner; the prisoner's hand was very much in blood, and bound up with something, that I suppose, they had found in the house; the goods were then in the stable.

Did you hear in the presence of the prisoner, what had happened while you was gone? - I cannot say I did.

HENRY PUDSEY sworn.

I am an officer of Excise at Battle; I had information the 24th of September last, of five horses loaded with tubs of about four gallons each, of brandy, rum, or geneva; I looked upon it to be prohibited goods; I went in pursuit with Mr. Venis, in order to meet with them; at about nine in the morning, we came to Berwash Weald, and went across the country to meet them; I went to the publick-house, and called for one pot of beer; the landlord is here; we did not stop there but a few minutes; there were two people going in the road; I said we will go forward; we went forward; when we had got a very little distance from the Weald, I saw the prisoner and another, and a boy, all standing still on the road: we made what haste we could to come up with the smugglers; they seeing us come after them, made what haste they could away, and left two horses, with five tubs upon each of them; I put them into the possession of Mr. Venis, and we went on after them; there were four tubs more thrown off from their horses, and further, we came up with a horse and a lad upon it; the lad jumped off and ran away; I did not see them drop them; the prisoner and the other person were half a mile on the road, as hard as they could gallop; I could see them at a distance; I thought it was prudent to return back with what we had seized; we took it to Berwash, to put the horses and goods into the stable, in order to load these tubs, that we might convey them to Battle; we had not been there long, before the prisoner and another came back, with clubs in their hands, the knobs of them as large as my hand, and the other a large walking-stick, like a large long whip-stick, with a head to it; they had no tubs with them when they came, they seemed to be angry a little or so; but, however, one of them got off his horse, as we had tapped one of the tubs, in order to prove the seizure, (which is a very good way, and I always will when I can;) one of them said (that was the other man), he said he would have a soak; he went out again; we did not apprehend any danger as for rescuing them; we got the horses, thinking to come away immediately; one horse was at the door with five tubs upon him; Venis was on horse-back, I was telling him to bring the tubs along, when the other man levelled the large club at my head; I was not apprehensive of any danger; the other had been an officer; says he, take care, upon which I turned my head, and escaped it; then from that, there were some words, and they seemed to be very angry, and I thought it was likely to be a piece of work; and the prisoner said, if the other had half the heart he had, they would not have rode for it at first;

and he said something, I could not tell what, but immediately after that, he d - d his heart and his limbs, that they would stand true to each other, and take the goods from us.

Court. Which of them did that? - I saw both of them shake hands to each other; they bound themselves as true as man could do with words and oaths, in taking the goods from us as soon as they could; the people got round, I think twenty or thirty in all; I said to Venis, the best way is, to get the horse into the stable again, as they seem to raise upon us; he had that horse into the stable; upon that they both rode up; the boy rode up to the door; it was opened, and I stood with a pistol in my hand, desiring them to keep off, or actually I would fire upon them; then I reasoned with them, told, them of the impropriety of their conduct, and the consequence that would follow probably, if they did rescue the goods; I told them if they did, it would be the worst job they ever did in their lives, and they should not if I could prevent it; they had large sticks, and they came up to the door, and the prisoner put his stick under the door; whether he meant to hurt me or not, I cannot say; I caught hold of his stick, and we pulled it away from him; they still continued their attacks, riding up close to the door; then they said they would have a grey horse, and have him turned out; then I told them I could not, nor would not; after that, the other person that was with them, opened his breast, and d - d me, and bid me shoot; I sent Venis to Berwash Weald to procure assistance; the prisoner and the other still kept on, they would have the horse; I pointed my pistol, and turned to shoot at them several times; it took no impression upon them; then we shut the door, thinking they would disperse; we set a person against it, and pressed against it, that they should not break it open; we pulled another stick from them, which is larger then commonly people ride with; the other that is not in custody, went to put up his stick; they got larger sticks, and came back and made a second attack at the door; the prisoner was so daring, he came and opened his mouth, and d - d me, and bade me fire into his mouth; they continued their offence for some time; this continued for two hours and more.

What number of men were there around you? - I can say twenty with safety; but there were some women and children, I did not count them, and others that seemed to assist; they attempted very much to break the door open; I still threatened that I would fire if they did not desist and go about their business; and reasoned with them as well as I could, and the consequence of it. The prisoner said there is a back door, and he swore he would be in at the back door: me and the other officer were against that door, holding it very fast. I stepped up close to the door, and he was some little way off; I says to him, my friend, keep off, or I will fire my pistol; and he came forward; I walked backward. The back door was open, and he was coming in resolute; I said to him, if you do come any further, by God I will fire; with that I cocked my pistol, and the pistol did go off: there was a man hung in his head a little; I loaded my pistol directly. No others approached.

Where did you wound this man? - In the left hand; the ball went through his wrist, and broke a button on his breast, which providentially did not enter his body, or else it would have killed him. When I opened the door, they were all fled: his accomplice said, I would shoot you through the body, if I had a pistol, I sent to the landlord before that, to get a peace officer.

Are you sure that the prisoner is the man that was with the goods? - I am quite confident and positive that he is the man that I saw with the goods; I am quite confident he is the man that opened his mouth, and desired me to fire. After that they were pretty quiet and peaceable; the prisoner came and said, Mr. Pudsey, you have killed me; I cannot do you any hurt, and I

hope I shall die in peace. I said, I hope I have not killed you, but if you are killed, I hope you will die in peace.

Mr. Knowlys. You received no blow from these people? - I received no blow.

You was very safe in the stable, and they all round? - I was not safe.

The goods were in the stable at the same time, and never removed by any body? - I would not suffer them to come in.

You meant to stay some time at this place? - We were going away, and they drove us back into the stable.

How long might this poor man be confined by the shot through his arm? - I really cannot say how long; I never saw him from that time till now.

He never has had the use of his arm since? - No, nor never will, I am afraid.

He had not attempted to strike you? - He had attempted, by pushing a stick under the door; the door, I believe, at that time, was open.

He could not hurt you: then he had done nothing before he pushed the stick under the door? - No.

Court. When the man came to the back-door, you say he had a stick in his hand? - He had. I bade him go again and again; he kept advancing all the time towards me, till I fired at him.

GUILTY .

Imprisoned six months .

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

Reference Number: t17881210-96

96. WILLIAM DEANE was indicted for forging a certain impression used for working and stamping gold and silver plate, upon a certain utensil called a stock-buckle; and which impression was used by silversmiths, against the statute .

Several Counts, laying the offence different ways.

The indictment was opened by Mr. Knapp, and the case by Mr. Knowlys.

Mrs. Sarah Perkins , to whom the prisoner had sold a base-metal stock-buckle, with this forged mark, was giving her evidence, when the Court asked her, and Mr. Perkins, whether, in the course and custom of their trade, they ever called a stock-buckle an utensil; and they replying in the negative, the prisoner was ACQUITTED .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17881210-97

97. JOHN GALLOWAY was indicted for unlawfully uttering a forged certificate, dated Custom House, London, 1st July , 1788, with intent to defraud the Receiver-General of his Majesty's Customs .

Second Count. For uttering a forged receipt, for payment of money, with the like intention.

The Court observed, that the charge in the second count was for a capital crime; and therefore, on this indictment, which was for a misdemeanor only, he must be ACQUITTED .

Tried by the London Jury before Mr. RECORDER.

Reference Number: s17881210-1

The Trials being ended, the Court proceeded to pass Sentence as follows:

Received sentence of death, 6.

Walter Ferguson , Solomon Bockerah , Thomas Thrush , alias Thrust, Thomas Chaffey , Thomas Carter , and John Aiken .

N. B. Andrew Manseller , who was also capitally convicted, was too ill to receive sentence.

To be transported for seven years, 36.

William Strickland , Matilda Johnson , Moses Harris , Jacob Solomons , Mary Dowling , William Davis , Edward Smith , Francis Bunting , Ann Gallant , John Griffin , George Williams , James Windfor , Ann Bone , alias Smith, Edward Anderson , alias Atkinson, Ann Clapton , Charlotte Marsh, Esther Curtis , John Connor , Thomas Smith , John Doody , William Goodman , Henry Joseph , John Martlett , Joseph Collins , Bartholomew Burne, Samuel Solomon , Patrick Flannagan , Charles Cooper , Thomas Smith , Abraham Pole, Thomas Parkes , Mary Oakley , John Cornelius , John Burch , Daniel Jones , John Jarvis .

To be imprisoned for three years, 1.

John Old .

To be imprisoned for six months, 13.

Richard Freemantle , Ann Tilney , John Williams , Elizabeth Hendin , Sarah Warren , William Bartlett , Ralph Graham , William Whitaker , Catharine Wigmore , Sarah Ray , Robert Bolland , Joseph Smith , alias Edward Hunt , Elizabeth Fonseca .

To be whipped, 7.

Thomas Alexander , Cornelius Shehan , James Williams , William Bartlett , Charles Williams , John Hamilton , William Whitaker .

George Buckland , convicted of larceny, being sick, did not receive sentence.

Sentence respited on Isaac Cockwaine .

The trial of James Dawes postponed till next session.


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