Old Bailey Proceedings, 14th January 1789.
Reference Number: 17890114
Reference Number: f17890114-1

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 14th of January, 1789, and the following Days;

Being the SECOND 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 II. 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.

MDCCLXXXIX.

THE WHOLE PROCEEDINGS UPON THE

KING's Commission 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 Right Honourable Sir James Eyre , Lord Chief Baron of his Majesty's Court of Exchequer; the Honourable Sir William Henry Ashurst , and the Honourable Francis Buller , two of the Justices of his Majesty's Court of King's Bench; James Adair , Serjeant at Law, Recorder of the said City; John William Rose , Esq; and others his Majesty's Justice 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.

James Scarlet

William Bailey

William Smith

Paul Hunt

Joseph Wigg

Samuel Wilson

John Scott

Thomas Wells

Samuel Royle

James White

Hugh Russel

John Page

London Jury.

William Osbaldstone

Stephen Wagg

Charles Tyring

Thomas Beldon

John Crichton

George White

John Elliot

Thomas Whalley

Samuel Hayward

George Carr

John Healey

William Cooke

Second Middlesex Jury.

John Cosway

George Roberts

Samuel Atkin

Charles Cleaves

Samuel Kilby

James Maitland

Peter Taunton

John Pass

William Maynard

William Buckland

William Hall

Richard Hamilton

Reference Number: t17890114-1

98. WILLIAM WOODCOCK was indicted, for that he, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, on the 27th day of October last, in the parish of St. Luke, Chelsea, upon Silvia Woodcock , his wife , in the peace of God and our Lord the King, then and there being, feloniously, wilfully, and of his malice aforethought, did make an assault, and with a certain wooden stick, of the value of 1 s. which he, in both his hands, then and there had and held, her, the said Silvia, in and upon her head and face did strike and beat, giving her, by such striking and beating, one mortal wound, of the length of three quarters of an inch, and of the depth of three quarters of an inch, on the right side of her head, and also divers mortal bruises on her head, of which said mortal wounds and bruises she languished till the 31st of October, and languishing did live; on which said 31st of October she died: and so the jurors, on their oaths, say, she the said Silvia, he the said William, feloniously, wilfully, and of his malice aforethought, did kill and murder .

He was also charged with the like felony and murder on the Coroner's inquisition.

(The Witnesses examined separate, by desire of Mr. Peatt, prisoner's council; except the surgeon.)

The case opened by Mr. Silvester.

May it please your Lordship, and you, Gentlemen of the Jury, this is an indictment against the prisoner at the bar, William Woodcock , for the wilful murder of Silvia Woodcock , his wife. The deceased was a Mulatto woman; and in January, 1779, was married to the prisoner: at that time he was a labourer . They continued for some years living together; but for the last two or three years of her life he resided in London and she at Enfield. On the 27th of October last he went down to Enfield, and persuaded her to come to London; telling her he had taken a lodging in Holborn for her, which would be more convenient for him, as he said he was a servant in London. She proceeded from Enfield to London with him, at two o'clock, on Tuesday the 27th of October. On Wednesday the 28th of October, a gardener's servant, who lived at Chelsea, was preparing to go to market: in a narrow lane, called Robinson's Lane, he found a woman laying partly in the ditch, very much beaten indeed, and apparently dead. He immediately applied to the watchman, and told him the situation of the woman; that watchman applied to a second; and they came there, and found the woman in that situation. Supposing she was dead, they covered her with her apron, took care of her, and went to the parish-officer: he, early in the morning, directed this poor creature should be carried to the workhouse, and put into a warm bed; and that a surgeon and apothecary should be instantly sent for. They went immediately; she was put into a warm bed. She remained insensible till towards the evening; then recovered her senses; told who she was, and where she came from. On the next morning a magistrate attended, and she there gave a description of herself; saying her name was Silvia Woodcock ; that she had been married, in the year 1779, to a man of the name of William Woodcock ; that she resided at Cheshunt, in Hertfordshire; that her house, or dwelling, was near the highway, Enfield; and that, on the day before, he had persuaded her to come to town, for the purpose of getting lodging; that he had walked her from Enfield to London, only stopping once; that, when it grew dark, he asked her for the key of her lodging, which she refused, and that he immediately struck her with a large stick which he had in his hand, and which rendered her insensible; that she knew nothing more. Having the description of her person, and the person she was with, application was made at Enfield; and there it turned out, that a neighbour of her's, a Mrs. Brace, had seen this woman

on the Monday, about two o'clock, set off in company with her husband; having in her hand a small bundle, and a good black satin cloak on. On the Thursday afterwards, the prisoner returned to Enfield, and went to the house of the deceased; and the woman having asked him where his wife was, he said that she was gone to Hampton Court, that being a place where a master of her's lived who brought her to England. The woman said she did not believe it; but he said it was so. He left Enfield. It was then unknown where the prisoner lived: he had said he was a servant, and a servant in London; but no trace, no knowledge, could be acquired of the prisoner. Upon which the parish-officers, much to their honour, advertised the man, and offered a reward of 20 l. the consequence of which was, that about a fortnight after, a coachman met the prisoner, knew his person, and apprehended him. They went to his lodgings in Westminster, and there they found he had married another woman, the 2d of November; and it will turn out to you in evidence, that this man had been asked in church, on Sunday the 19th of October, and on Sunday the 26th of October, (which was the day before the murder was committed) as a single man. The murder was committed on Monday the 27th, and the Sunday following he was out-asked in church; and the Thursday after that, he was married to his present wife. On examining the lodgings further, they found a bundle; which bundle was in a coloured handkerchief, which was described by the woman at Enfield to have been purchased that day, and it contained caps and other things: and they also found a stick, a bludgeon, on one side the room, which apparently was bloody: and they also found a satin cloak, which appeared to be stiff with something, but with what they could not tell, as it was a black cloak; but being damped, and wrapped up with white things, it turned out that that stiffness was blood; for it had blooded the white things. Upon these circumstances the prisoner is brought here for trial. I forgot to mention to you, that at the spot was found not only a part of her ear, but a part of the stick, which was bloody. Upon these circumstances, Gentlemen, you are to judge of the guilt or innocence of the prisoner. Happy it is for the publick, that these circumstances have come out which brings this man before you to be tried for this offence. The circumstances appear to me to be very strong: the woman, at a time when she had a recollection, though severely beat, was enabled to describe who she was, who she had been with, and how she had been beat. In that story, though it was on her oath, she will be confirmed by Mrs. Brace, her neighbour; and also she will tell you, the false account which he gave, that he had sent his wife to Hampton Court. If all these facts convince your minds that the prisoner is the man that committed this murder, it becomes your duty, though a painful one, to pronounce him guilty.

HENRY CANNON sworn.

I am a gardener's servant; I live at Chelsea. On the morning of the 28th of October I was going to market; a little turned of three, about a quarter or ten minutes, to the best of my knowledge. I found a woman, which I observed afterwards to be a Mulatto woman: I was going on the road to fetch my master's horses, to go to Covent Garden; it was in Robinson's Lane, Chelsea : I saw she had been very ill used by somebody, and I went and called one William Pennyfeather , a watchman; then we came back, and as I left her so I found her; then we went for one Richard Glover , a watchman, and called him; then I went about my business.

Court. Describe a little more particularly, as far as your observation went, the state and condition in which she was when you first found her? - She laid across the ditch that was on the side of the road, with her head towards the road. I saw she had had a violent blow, or a cut, on the side of her

head. She had a kind of lightish gown on, to the best of my knowledge; I did not take much observation in my fright; and a cloth apron and handkerchief, but no cap or cloak when I found her.

How did her cloaths, her dress lay; was she covered? - She was covered as far as this, every thing of her cloaths lay straight upon her.

Did her cloaths lay in the manner in which, if she had met with any accident, and had fallen, they were likely to lay; or did they appear to have been smoothed? - No, I cannot say they appeared any thing like that; the cloaths lay all straight, as if she had laid herself down, and pulled her cloaths straight, by what I could see of her.

Was the ditch hollow, was there any depth? - A little hollow.

Did the body rest in the bottom of the ditch? - Yes.

Where were the feet? - The feet leaned against the hedge, against the bank.

Were they raised? - Yes.

So the head and the feet were raised, and the body sunk? - Yes.

WILLIAM PENNYFEATHER sworn.

I am a watchman. At the end of Church Lane, Chelsea, I was called by Cannon to a woman who was found in Robinson's Lane. She was laying flat upon her back; no cap at all; her hair tied at top of her head, either with a red ribbon or a garter; her apron was down, and her feet under a hedge; and I saw her wounds very plain on each side of her head: the head was the side of the road, and the feet under the hedge. There was room enough for a person to walk by. She was cut in a most shocking manner; her temples were both cut open, but her left was rather more; and whether her eye was out I cannot justly say, but her left eye was sadly swelled. She had a white apron on; I took it and flung it over her face, and tucked it under her head.

Court. Was the apron clean? - It had been a clean apron, but I really believe there was blood upon it, I cannot justly say; it appeared to be very rumpled. I went down to Richard Glover , to get assistance to take her down to the doctor; and Cannon left me; and Glover and me went and fetched her down; he had her by the right arm, and I by the left: we took her between us, and put her against Mr. Powell's shop, at the end of Robinson's Lane; we set her up against the wall.

Could she walk? - She walked, I suppose, the value of twelve or fourteen yards, and then she said she could not walk any further, she was so weak and so faint: she asked several times, how much further we were going to take her. The clock struck four: I left Glover and went to my watch again. I never saw her after, till I saw her a corpse. I left her in the care of Glover.

She had discovered signs of life before you went to call Glover? - Yes, and spoke to me.

What was the first thing you asked her? - The first thing I asked her was, whether her name was Sophia, because there was a person very like her description who lived near there; she was a Mulatto woman; and she said Silvia, twice very plain: that was all I could get out of her. I asked her several times, who it was used her so ill; she made no answer.

Was that before you went to call Glover? - Yes.

RICHARD GLOVER sworn.

I am another watchman at Chelsea. I was called by Pennyfeather and Cannon, to go to a woman that was laying in Robinson's-Lane. Cannon left us: I took my lanthorn, and went up to Pennyfeather, and saw the body lay; I said, it is a pity she should lay here; let us take her somewhere, to get some relief for her. I went to the bottom of the lane, and called the beadle. He came in about five minutes; then he went to the overseer, and came back again. He said he must take her up to the work-house. Going along, I found

one of her shoes missing: and in the place where she lay, I found the shoe.

Did any thing pass? - I could not understand a word, she had such a rattling in her throat.

Where did you find that shoe you spoke of? - One side the ditch. On the right-hand side going up.

Did you find it in the road, or by the bank, or in the ditch? - In the ditch, where I took her body from.

Can you tell whether her shoes were on at the time you took her up to lead her away, or whether that shoe was off? - I could not tell that.

Then in helping her up, perhaps, you might have drawn off the shoe? - Yes. The next day, the surgeon and apothecary said the body had lost one of her ears; and in the thick of the blood, I raked with my finger, and found her ear; there was a deal of blood there. When it was light in the morning, I went to the spot where she was laying, and there was a deal of blood.

How was she when you first found her? - All over blood; we could not tell what colour she was, only by her hands.

Whereabout did you find the blood? - In the ditch where I took her body from.

Was it a quantity of blood, or drops of blood dispersed? - I believe there might be near a quart of blood, because it was sunk down into the ground. It was quite matted hard; I parted it, and took her ear up. It appeared to be a whole ear that I took out of the blood; I gave it to the surgeon.

Did you find any thing else? - There was a seal lay where her body was in the ditch.

Any thing else? - There was a stick picked up. This is the stick.

(A piece of a common stick shattered at the end)

Mr. Peatt. You was there before she was raised from the ground? - Yes.

Were her feet close together, or in any other position? - Her feet were nearly together.

You never saw her before? - No.

You do not know who she was? - No.

What age did she appear to be of? - I could not tell, she was all in such a situation.

Mr. GIBBS sworn.

I am overseer of the parish of Chelsea. I was called up about five in the morning of the 27th of October, by the beadle, who informed me the watchman had found a woman very much beat and bloody; and that he did not know whether she would live, or was living. I told him to take her to the work-house, and order the master of the work-house to send immediately for a surgeon and apothecary; and as soon as it was light, I went up myself. The surgeon and apothecary were there. They examined the woman, and found that one of her ears was cut off or beat off, and that she was very bloody; and they were of opinion, that she must have been beat some time before, from the congealed blood.

Court. You mean some hours before? - Some hours before. We agreed then to meet at four in the afternoon.

It was a Mulatto woman? - Yes. We agreed to meet at four o'clock, and find then, whether she was able to give any account where she came from; accordingly we met. She informed us, that her name was Silvia Woodcock , of Enfield Highway; and that she, with her husband, came from Enfield Highway, about two o'clock, on Monday, the 27th; and that they stopped at the Basing-house, and drank one pint of beer between them; (that is in Kingsland Road, I believe) and he told her she was to go to a lodging in Holborn; and she walked with him a long way, till it came dark, till they went to a bye place, where there were a few houses; and after passing them, they came to a narrow lane; he then asked her for the keys of her lodging and box; she then told him, William, it is time enough to give you the keys when you come to your new lodging, with that he hit her with a stick, and knocked her down, and she knew no more till she was in Chelsea work-house. When

we left the work-house, I went and examined the place in company with the surgeon and apothecary; and the stick which was produced, and the ear, and the seal which were found; that stick was wet with blood at the time it was picked up. The watchman met us, and there was a great deal of blood. There is another stick which was brought to me the next morning, and found about ten yards from the place: it was brought to me by a man; but not being found at the time, I thought it was not material. That man is not here. This is a part of the seal which was found among the blood. It was only this part of the seal which was found.

(Handed up to the Court.)

It was a seal that turned upon pivots, I see? - Yes.

Mr. Peatt. What time did she mention she came from Enfield? - Near about two o'clock.

Did she say how long it was from the time they left Enfield, to the time of the difference taking place? - She said it was dark. I imagine it was near seven o'clock. She repeated the words twice over.

How far is Enfield from Robinson's Lane? - I should think it fifteen miles. I am not acquainted with the ground.

Court. How could they get to Robinson's Lane, without coming through London? - They must go through the New-road, Islington; that is the only way I know, and then they must go through Hyde Park. I believe the prisoner knows that part of the town very well; as I have heard from Mr. Hall, that he lived groom at Hyde Park Corner.

THOMAS MANBY READ sworn.

I am a surgeon at Chelsea.

Describe to my Lord and the Jury, the whole that you know of this transaction? - On Tuesday morning, about six, I was called up to a poor woman who had been brought into the work house, they said, almost dead: she was a Mulatto woman. I went there and saw her. I met Mr. Powell, the apothecary, and we went and found her in bed. She was in so bad a state at that time, I did not imagine she would live many hours; she was almost senseless at that time. She appeared to have received several wounds on the head, and to have lost a great quantity of blood; her hair was so matted by the blood, that I could not make any examination immediately of the exact state of the wounds. I desired her head might be fomented with some warm water and cloths; I recommended to have some wine given to her, and I should return in the course of a few hours, when I thought I should form a proper examination: it was very evident at that time she had lost her ear. I returned in four or five hours; I found her then considerably better. I examined her head then, and there were in all eight wounds; there were one on each orbit of the eye, the bones of which were laid bare, and evidently fractured and broke, the orbit that was on the right side; on the left side there appeared to be a wound, but I could not at that time find any fracture; there were several other wounds on different parts of the head, but none of them so material as that. I attended her with Mr. Powell the apothecary, two or three times a day; we were generally together. She died, I think, on the Friday night. I saw her on Friday, the last day. On the Sunday, in company with Mr. Powell, I examined her head.

Do you mean that you opened the head? - No, we did not open the head, for we found no fracture of the skull. These were the bones that were taken out of the left side, and those were taken out of the right side; for on examination after this, we found both sides of the face were broke, and the bones shattered in a dreadful manner; that is, the bone which forms the greater part of the orbit: that part of the orbit was detached from its connections entirely on both sides, both from the jaw below, and the skull above.

(The bones that were taken out handed to the Jury.)

On our return, the ear was picked up

by Glover, the watchman. It was delivered into my care.

Could you judge from the appearance of the separation, in what manner it was most likely to be effected; whether it was cut off, or torn off, or wrenched off, or beat off by some sudden blow? - I found myself very much puzzled to form any judgment; but on the whole, I think it was struck off from behind with a stick. It was taken off very close.

Not cut, you think? - I think not.

All that you can say is, that it was more probable it was taken off by a blow from behind? - I should rather suppose so.

(The ear produced to the Jury.)

I suppose it is hardly practicable to have twisted it off? - I should rather suppose not. I really could not form a proper judgment; I endeavoured, and considered the matter as much as I possibly could.

Mr. Peatt. Then you do not affect to know with what weapon it was done? - No, Sir, it is impossible.

If you had seen this subject, independent of the sticks and things you saw, would you have then thought it was done with a stick? - I think I should: if I had been obliged to give one opinion, I should certainly have said I thought it was done with a stick behind, independent of seeing the sticks.

Court. In your judgment, were the wounds the cause of the death? - There can be no doubt but the woman died in consequence of the wounds.

What way did the wounds operate to produce death: was there any appearance of mortification, or was the brain affected at all? - The brain was not affected at all.

Was there any fever? - Only a kind of fever that is occasioned by loss of blood.

Was there any mortification? - A mortification took place all over the face before she died, particularly on the right side. I could form very little judgment of the soft parts, they were in such a state of mortification.

Mr. Peatt. She appeared to be considerably mangled? - Very much.

It is possible that a subject might have that appearance of being so wounded by a round smooth iron? - Undoubtedly.

And there might be much difficulty to distinguish by which the wound was given? - It is not possible to tell whether the blows were given by a stick or by a poker.

Court. You attended this woman from Tuesday morning to Friday evening? - Yes.

During what part of that time was she able to speak? - From the time I returned the second time to the work-house, she was perfectly sensible, even to the last time I saw her. She spoke and gave a very rational account, and very particular as to the several circumstances that have been mentioned. I was the first person that did hear the account.

What was the account she gave? - I will recall it as well as I can to memory. I took it down on paper, then I gave it to one of the officers. The first was, that her name was Silvia Woodcock , that she set out from Enfield in company with her husband, at two o'clock; that they walked together for some hours; when it grew dark about seven o'clock, that they then came to a narrow bye lane, and he asked her for some keys; her reply was, William, it will be time enough to give you them when I see the lodging; and upon that, some altercation took place, and he struck her down.

Did she use the expression altercation, or is it your idea? - It is my idea; she said, upon her refusal again, she received this blow, which deprived her of her senses.

You mean no more by altercation than that there was a talk about the keys? - That was all.

Did you hear this twice, or only once? - I heard it once, which was the first time and every time. I endeavoured to get all I could out of her; and she was very particular in mentioning the keys, and receiving

the blow; this she spoke as very particularly.

I How often do you think you spoke to her on the subject? - Every time I dressed her, which was twice a-day, from Tuesday to Friday.

Then the subject was mentioned four or five times, or more? - Oh, repeatedly. I endeavoured every time, as much as the state of her health would permit.

Were the accounts she gave uniform? - Very much so, indeed.

Consistant? - I do not know that she prevaricated once. I do not recollect a single mistake.

When you asked her questions as to the states of her health, were her answers clear and sensible? - Perfectly so.

It appeared only so then, that these accounts were given with a perfect possession of herself? - Quite so indeed.

Do you know whether she conceived herself to be in any danger? - I do not know that. The day before she died; she seemed to think so; for on a question being asked her, she said it was no matter.

Was this subject mentioned to her on that day at all? - On the day before she died?

Yes? - No, I do not recollect it was mentioned that day.

Did she express any desire that the person that had done her this injury should be punished? - I never heard her.

Did she describe the injury with coolness, or with marks of resentment against the person who had used her so? - No. I think with great coolness.

She expressed no desire of revenge, or any thing of that kind? - Not in my hearing. I never heard her.

Mr. Peatt. You knew nothing of her, but what she said of herself? - Nothing more.

Court. What aged woman did she appear to be? - She was so very much hurt and mangled, that I could form no judgment. I thought she might be between thirty and forty; but I found she was considerably more than that.

What sized woman? - A very small woman: very short.

Was there any circumstance about her person, as far as your observation went; that could lead to her being very well known? - I should suppose from her figure and her colour; that there could never be any mistake made about her person.

Was there any ring on her finger? - There was a ring found before I saw her, by the people of the work-house.

Were her cloaths preserved? - Yes.

Are they to court? - Mr. Gibbs. Not the things she had on when she was taken to the work-house.

They should have been here. Is there any thing here that was about her person at the time? - I believe not.

Court to the watchman. Describe the gown more particularly? - It was like second mourning. Like a raven grey, to the best of my knowledge.

JOHN POWELL sworn.

I am an apothecary to Chelsea workhouse. I was sent for early on the 28th of October. Between five and six I went up to the work-house, as soon as I was called. When I came there, this Mulatto woman was just put to bed. She just swallowed a little warm wine and water. I then looked over her head; it was all blood, and a number of wounds in different parts of her head and face. I looked on the right side of her head, there was no ear: the blood was matted considerably in the hair of her head, and remained very hard; the face was considerably swelled, the blood oozing from the eyes, and from the nostrils. I begged them to put warm things to her feet, and to give her a little more wine, if she could swallow it: then I was informed Mr. Read, the surgeon, was sent for, and I retired immediately, till he came. Mr. Read and Mr. Gibbs soon came, then we three went to her again; and the head was so covered with blood, it appeared so matted, that Mr. Read and me agreed, with the use of warm milk and water, and cloaths, to have it opened a little; we also

agreed on what medicine was best for her. I saw her again in that day, and I saw her twice a day during her life. I assisted Mr. Read mostly in the dressing.

Was she collected and sensible in the afternoon of that day? - She gave an account of her name, and where she was married; she said that she had been married about nine years, at Cheshunt. She said her name was Woodcock; that her husband was a gentleman's servant, and hired somewhere in London; but London was a large place. Afterwards Mr. Read, Mr. Gibbs, and me, went; as we went home, we met Glover, the watchman, and went with him to the place where he found the body; and when we came to that place, the weeds of the ditch seemed to have been pressed down, and on the side of the bank there was blood; and there was blood interspersed among the weeds, in different places. We there found a piece of a stick, and part of a swing seal. Upon recollection of the dryness of the blood upon the woman's head, we could not tell whether she was ill treated there; or had been brought there. We searched for the ear, and found the ear among the weeds, in that ditch; that ear, in my opinion, must belong to the same body.

Court. Then you was satisfied, when you found the ear, that she had been ill-treated there? - Perfectly satisfied. After this I assisted Mr. Read in examining the wounds of the head. The orbit of her right-eye was fractured; the cheek-bone beat in, and fractured; the head was very putrid; I believe there were five fragments of bones taken from the right-side; on the left-side there was a fracture also, and two or three fragments were taken from there, which were quite loose: the putrefaction was very great.

What was the cause of her death? - I should suppose the wounds, and contusions, and bruises, must be the cause of her death; and loss of blood, most likely, contributed also. I heard her give an account of herself at different times.

How many times? - She gave a very good account of herself Tuesday evening; and Wednesday she gave an account of herself; tolerably on Thursday; on Friday I had not an opportunity of asking her many questions.

Did the accounts agree? - They always agreed; the woman seemed to speak the pure truth. I asked her how she got her livelihood; she said, working in the gardens, or any thing. On Thursday evening the putrefaction was getting on so fast at that time, Mr. Read and I had agreed that Mr. North, another surgeon, should be called in. Mr. Read said he did not know whether she would recover or not; the putrefaction was coming on very fast. She gave a good account of herself still; at this time her memory was good. On Friday I do not know of asking her many questions.

Did she seem to have much attention herself to her own condition? - Very little. She wished she could die, because she had no eye-sight, I believe; for when that seal was shewn her, to ask her if it was her husband's seal, she said she could not see, and it sometimes made her blunder. I question whether she could see at all, the swelling was so very great, and the injury.

Mr. Peatt. Would you have taken upon you to say, with any degree of certainty, if the circumstances which have been described had not been told to you, could you have given any opinion as to the instrument? - From the lacerated state of the wounds, I should presume to say it was not done with a cutting instrument.

Would you have said, to any degree of certainty, whether it was done by an instrument of iron or wood? - I could not say any such thing.

What size woman was she? - A small size; delicately made. I have seen many She was rather diminutive: she had no deformity, that I saw: she seemed to be a neat little woman: she was rather pale; than they usually are, but that might be from loss of blood.

I think you say that she said, in general

terms, that her husband was a servant in London? - That he lived in London, and London was a large place.

EDWARD READ , Esq; sworn.

I am a magistrate of the county. I live in Chelsea. I attended at the poor-house, and saw this woman.

Mr. Peatt. Was the examination taken down by your clerk? - I took it down myself; I keep no clerk.

Have you it here? - It was sent to court.

(The examination shewn.)

This is the examination you took yourself from the woman's own mouth? - Yes.

Was she then in a state of perfect recollection? - She was.

Did you put it into your own language, or did you copy it from her own words? -

I asked her the questions, and the answers I put down into writing. I told her it would be necessary for her to speak the truth. I told her I was a magistrate, and I was come to take her examination, and she was to swear to it, and sign it. I asked her if she knew the nature of an oath; (I found she was a Mulatto woman, a native of the East Indies) she said she knew the nature of an oath: I told her she was calling God to witness the truth of what she was to relate; she said she would. In consequence of which I asked her these questions, and these are the answers, in her own words.

Court. What time of the day was it? - About eleven o'clock.

Mr. Silvester. Did you administer the oath to her? - I did. I read it over to her afterwards, and gave it to her to sign; she said she could not see, but she said she would make a mark on the paper, which she did.

Court. Did you tell her your reason for coming to her? - I did. I told her it was necessary for her to tell the truth, that we might find out the person that had used her in that manner.

Did you say any thing to her of the situation in which she herself was at that time; any allusion to her being in any danger? - No, I did not.

(The paper read.)

"Middlesex, To wit. The information

"of Silvia Woodcock , taken before me

" Edward Read , Esq; one of the Justices,

"&c. who being duly sworn, on her oath

"says, that she was lawfully married to

" William Woodcock , in the parish

"church of Cheshunt, Herts; that they

"had not cohabited together for some

"months; that she lived in a small apartment

"at High-street, Enfield; that on

"Monday last, the 27th of October, her

"said husband came to her, and told her

"he had got another lodging for her, and

"insisted upon her going with him to see

"it; that she left Enfield with him about

"two o'clock, and stopped once on the

"road, and had a pint of beer; that at

"night, being very dark, he took her into

"a narrow lane, and asked her for her

"keys; that she told him it would be

"time enough to give him the keys when

"she saw the new lodging; upon which he

"knocked her down with a large stick he

"had in his hand, and beat her about her

"head and face in a most horrid manner;

"when she fell down, but does not know

"what became of her till she found herself

"at Chelsea Workhouse. Sworn before

"me, this 29th of October, 1788.

" EDWARD READ ."

SUSANNAH BRACE sworn.

I live at Enfield Highway. I knew the prisoner very well.

Did you know any other part of the family? - Only his wife.

Where did she live? - At Enfield Highway, the next house to me.

Did he live with her? - Not lately, Sir; he had been at a gentleman's place for about two years, and as much as since last August.

He did not live with her? - No; he came backwards and forwards.

When did you see him last? - I saw him the 30th of October last.

When had you seen him before that? - I saw him the seven-and-twentieth.

About what time? - About two o'clock on Monday, the 27th of October.

Did you see her then? - Yes, she went from my house.

Tell us if you heard from him, or from her, in his presence, where they were going? - Yes; she came to me the 27th of October, and told me she was going to Holborn: he came afterwards to the door; I says, Mr. Woodcock, you are come, says I; I do not like this parting at all; says he, do not you like it, then you may keep her; keep her, says he again, if you do not like it: says I, Mr. Woodcock, what should I keep your wife for. She started up to go; it was about two o'clock; and he said, what need you be in such a hurry, you are in a devilish hurry, you will be time enough; so she staid a little longer, and then she got up, and took her leave of me, and set off for town.

How long had she been to you, to take leave of you, before he came? - About a quarter of an hour.

Mr. Peatt. Was he present when she said she was going to Holborn? - I went to their own house about one, and I said, Mr. Woodcock, are you going? and he said, yes; they were then both together going to dinner.

What did you say? - Says I, what, do you think of going? and they said, yes. Says I, where are you going, Mr. Woodcock? and he said he was going to Holborn. I said, and what is your wife to do there? he said she was to clean a room that was as dirty as the devil, by taking the grates down. Says I, is not your wife to come back? he said he did not know for that; but if she did not, he should come back again. I said, what is your wife to do in an empty room? he said she might lay at his lodging. Says I, do not you lodge at that place? no, says he; but he said he lodged just by. She says, Will, says she, I must come back again to pack up my pea-sticks: she had a large garden, and she had made a reserve of the pea-sticks. Then I took leave of them, and came away from them. I said, I will not bid you good-b'ye, I shall see you again; because they were to leave the key of the house with me, and pass my house to town. She came about two o'clock to me, and he followed her about a quarter of an hour after she had been at my house: they set off a little after two o'clock. When they came, that passed which I have related before, and he went in about half an hour afterwards. He went back to the house, and came back again. I asked him what room he had taken, he said a room in Holborn; and I asked him what he might give a year for the room, and he said, what did I think; I said 5 l. and he said 5 l. 10 s. but he said that was cheaper than giving 10 l. a year. 10 l. says I, you pay but 4 l. what do you give for your lodging in town? he said, what do you think? I said 18 d. he said, yes, but there is nobody to get a bit of hot victuals, and he paid 4 l. for the place he rented there. Then I asked him, when do you think of returning again? when he brought the keys to me, which might be near half after two, for what I know; and he said he should be back on Tuesday or Wednesday, at the furthest; this was Monday: then he went away. He came down again the 30th of October, which was the Thursday, about nine in the morning; he came by one of the morning coaches. He came in for the keys; the officers had been at my house on the Wednesday; and when he came, says I, Woodcock, here has been some of Mr. Wilmot's runners after you. Runners! says he, what should they want with me? Says I, I do not know what they want with you, Woodcock, but they want you; they were here, for one of them was in my house half an hour. I told him the officers had asked me a many questions, and I answered them indifferent, and I am sure they want you; and I told them I expected him home on the Wednesday: he said it must be a mistake, they could not want him. When

he was going into his house with the keys, I said to him, says I, Woodcock, where is your wife? says he, she is gone to Hampton Court. I said, when did she go? he said, on Tuesday morning, the 28th of October. Says I, she is not gone to Hampton Court; for, says I, you know she took nothing with her fit to go to Hampton Court. He said, he knew she did not take much. He took the keys, and went to his house; he returned back again with the keys to me in about rather better than a quarter of an hour, I believe. When he came back with the keys, I looked very stern at him: says I, Woodcock, do not lie, to say your wife is gone to Hampton Court, for she is not; he said, in a very surly, chuff manner to me, but I say she is. I said to him, pray, then, when do you return again here, if she is gone to Hampton Court; he said, when she came back from Hampton Court. I said to him, and where, pray, did you overtake your wife? he said, at the Basing-house. I said, had she got so far as that before you overtook her? and he said, yes. And when he went, instead of taking the road to go to London, he took the downward road, and went across the fields, the back way to town; he went as if he was going down the country, instead of going to town, and went the back way.

Did he say he was going the back way? - No; he went down the great road, as if he was going into the country; I saw him about a stones's throw from my house. I know no further.

Court. Had the people that came from the Justices told you their business? - No; they kept me in the dark; quite so.

Did he leave the key with you again? - Yes.

For what time have you known the woman? - I have known her, I believe near seven years; between six and seven years.

She was a black woman? - A Mulatto.

Do you know of what country? - I cannot rightly say the part she came from.

Where did he marry her from? - From one Mr. Lane's; who lived at Cheshunt at first, but moved after to some part of the town.

What sized woman was she? - She was a very small woman.

Mr. Silvester. Did you see her after this? - No.

Did you see her body afterwards? - Oh, yes, I saw her at Chelsea.

What you was sent for? - Yes.

What day was it you went to Chelsea? - It was on Tuesday; I was there in the afternoon.

And you saw the body at Chelsea? - Yes.

Are you sure that that corpse that you saw was the body of Silvia Woodcock ? - Yes, I am positive of it.

When she left Enfield, what did she take with her? - She had a handkerchief, with a trifle of things in it.

What kind of handkerchief? - It was a blue and white checkered handkered, which she bought in my house of a man that day: what was in it I cannot tell; there were a small quantity of things.

How was she dressed? - In a very good black bonnet, with a white lining; and a very good black satin cloak.

What was the colour of her gown? - A half-mourning gown, and a green petticoat.

Did you see any cloaths when you was at Chelsea? - I saw her gown and her petticoat; and I am positive the corpse was the same.

Mr. Peatt. How far is your residence from the Basing House, in Shoreditch? - About ten miles.

Did you examine the gown and petticoat that you saw at Chelsea? - No, I cannot say I did.

Then, if I understand you right, it was a gown and petticoat of the same colour that she used to wear? - Yes.

The body you saw was very much mangled, was not it? - No.

Was not it in a state of putrefaction? - Why, it smelt very much; but her face was the same as if she had been living.

Was not her face very much disfigured?

- I saw no disfigurement; I knew her as perfect as if she had been alive.

Which was the most perfect part of her face, the lower part or the upper part? - I do not know. Her nose rather seemed flatter.

Did you ever observe, in her life-time, what kind of ears she had? - Never. Her face was not disfigured; I knew her as well as if she had been living. I always had an impression on my mind, on her first coming to tell me she was going to leave me.

Should you have known the woman, without these impressions on your mind, if you had seen her in any field; should you have known that woman upon seeing her in a ditch or field near your house, without any impression on your mind that the woman was murdered or destroyed? - I believe I could, very safely.

Do you think you would say that, upon the recollection that the life of another human creature depends in some measure on what you say, that you can say to a certainty that that was the woman that you knew? - I believe I could, very safely.

Was she altered at all in her colour? - No.

Not the least altered? - No.

JOHN WOOD sworn.

I am a coachman to Mr. Harvey, at attorney, in the Adelphi.

You knew the prisoner? - No; I apprehended him in this manner. I was coming down Half-Moon-street, Piccadilly; there was an alarm of this man going down, that had done the murder on his wife, Silvia Woodcock ; they were going to follow him to a public-house, and sent for a constable; I said there was no occasion for that, and I seized him immediately, and put him into a coach, and carried him to the Rotation Office, in Lichfield-street. I asked him, in the coach, if he had not a wife of the name of Silvia Woodcock ; he said, yes. I asked him what he had done with her; and he said he had not seen her for a fortnight; I said that was very strange. I asked him afterwards where she was; and he said he did not know.

What day did you take him? - Upon Saturday the 8th of November.

Mr. Peatt. Did he tell you that he had been in town all that time? - I did not ask him that, nor he did not tell me.

Did he happen to tell you where he had been in that space of time? - No.

JOHN DIXON sworn.

I am an officer belonging to Lichfield-street. On the 8th of November the prisoner was brought to the office in Litchfield-street, and examined by the Justice. After he had been examined some time, the advertisement being read, and describing him in a red waistcoat, the magistrate asked him it he had such a thing; he said he had, but that it was at Enfield. After that, the magistrate desired him to be taken in the back-office, and searched; he was searched, and this key taken out of his pocket, and some other things, which were trifling; money, and things of that kind. He afterwards asked to speak with his last wife, who was there; she told me she was his last wife; and the magistrate suspecting she was going to take away something, as she had a coach ready to go off, I went with her, and searched his box, at his lodgings, in Charles-street, Westminster, with the key; I took from the prisoner, and I found these things in the box. Here is a cloak, a bed-gown, and a coloured apron, and some other trifling things. The cloak appears to be all blood; as full of blood as it could hold. I was desired, by some of the officers of the parish, that we should dry the cloak. We could not make any thing particularly out. There was a cap in the bundle, in which they lapped some of the wet part of the cloak; and since that it appears in this state. The cloak was wrapped up in the bed-gown; and here is some blood in the bed-gown.

Court. What is the cloak? - It is a black satin cloak. There was a 10 l. Bank-note found in the prisoner's box,

which he owned at the office, and I returned him it again: there was a red waist-him found in the trunk also.

Jury. Did you ever examine if there was any blood on the waistcoat? - We did examine if there was any, but there does not appear to be any.

Does the waistcoat appear to have been cleaned? - I do not know; it is in the state it was. I found this handkerchief, and a coloured apron, all tied up together in the box; except the red waistcoat, which laid on the outside; the handkerchief appears to be clean; there were two course aprons between it and the cloak.

Mr. Peatt. Do you happen to know whether that is blood or no? - Yes.

Do you affect to take upon you to know it from similar substances? - I take upon me to say that that is blood to the best of my knowledge and belief.

To Mrs. Brace. Look at that bed-gown? - I believe it to be her's; there is no particular mark by which I know it; I have seen her wear such a bed gown.

Do you know the cloak? - It is like her's; I do not know it; she wore such a cloak; her's was a black satin cloak, and the same of the cap. She bought just such a handkerchief as this. I believe all these things to be her's; but there is no mark that I would chuse to swear to. This handkerchief is of the very pattern of that which she bought at my house that morning.

JAMES FOX sworn.

Called to prove the second marriage.

Court. I do not think the relation of that circumstance to this case is necessary. It certainly goes to prove that this man meditated to be guilty of bigamy, his former wife being then living; but it does not prove that he meant to go the length of murdering his former wife. I do not see that it is necessarily connected.

Mr. Silvester. My only idea was, to shew that this man was asked in church previous to going out with her.

Court. It is proving upon him another crime, in order to raise a circumstance of general suspicion; and it is general only: it has no relation to any particular fact. It has very often been objected, that that which was an independent crime, could never be given in evidence against a party in another crime: the answer has always been, yes, provided it is a circumstance and ingredient composing another part of that crime; but if it is only a circumstance which leads you to suppose that it is probable that a man may have it in his mind to commit a crime, we never receive it; it is too remote; for if so, all the other bad circumstances of a man's former life may be brought; but that is too general. The obvious tendency of the man in the second marriage, is to be guilty of bigamy.

Mr. Peatt. Does your Lordship think that the proof of these wounds being given by a stick, is sufficient to go to the jury.

Court. The stick is but a circumstance, and if it was with an iron bar, it would be sufficient proof of the indictment.

Court to prisoner. Here is a heavy charge against you, and proved by a chain of evidence, that is very pressing upon you; I hope you may be able to give an answer to it. This is the time for you to make your defence: you will be heard with all manner of indulgence, and say what you can for yourself.

Prisoner. I am not guilty of any thing of the kind.

Mr. Peatt. If you wish to say any thing for yourself, you may, I am not permitted to do it for you.

Prisoner. I can call plenty of witnesses to prove where I was at the present time.

Mr. Peatt. Your solicitor is not here. Do you know what is stated to me as your defence: did you give the instructions yourself? - I did. They are all over the way.

Then you wish your witnesses to be called? - Yes.

Mr. Peatt. Tell the officers, if any one of them is in court, except the one that is called, they will not be examined.

Court. Let the names of the witnesses

you mean to call, but put down on paper, and given to the other side.

(The witnesses all called into court, and set to the inner bar, and an officer ordered to take them into the parlour, and bring them out as called for.)

Mrs. PEACH sworn.

Are you single or married? - A widow. I live at No. 14, Charles-street, Westminster.

What are you? - I keep a butcher's-shop.

Do you recollect the prisoner coming to your house at any time, and when? - The 27th of October. I cannot positively say the time of night. I cannot say any thing that happened that day respecting the prisoner.

Did you see him on that day? - I did.

What time on that day? - After the dusk of the evening.

At what hour, as near as you can recollect? - I cannot particularly say.

Court. Not whether it was early in the morning, or late in the evening? - It was after the dusk of the evening. I cannot be particular as to the time.

Not within three hours? - I sup about nine, and he was there then, but I cannot say particularly the time.

How long had he been there before you went to supper? - I am not particular. I have a shop to mind, and could not be particular to such a thing. I am sure I saw him in the evening of that day.

Mr. Peatt. Do you recollect whether it was in the evening before supper, or after supper? - Before supper. He went to his lodgings. I cannot tell what became of him afterwards. I saw him again the next morning about nine.

Mr. Silvester. How far is your house from Chelsea? - Upon my word, I cannot tell; I never was at Chelsea but once in my life.

DAVID PETERS sworn.

I am at present out of business. I am a gentleman's servant. I live at No. 29, Lancaster Court, Bond-street.

Did you at any time see the prisoner, and when? - I kept the house that the prisoner lodged at: I did then; I do not now. I saw him on the second of November; about eight it might be.

Did you see him any time before that? - Yes. I cannot positively say, he came backwards and forwards to my house as a lodger; sometimes he lay out, and sometimes there.

Do you know where he was the 25th of October? - No.

Court. How came you to mention the second of November? - Because I am positive he was there that night; because we had a six-penny club, and he was at that club, and came home that night.

Where was he the Monday week before that? - At my house.

Do you know what day of the month that was? - I believe it was the 27th.

Mr. Peatt. Then you saw him on the 27th of October? - Yes.

Court. About what time? - I cannot rightly say to a minute or so. He was there in the evening.

What time in the evening? - I know he was at home at ten or eleven. I saw nothing of him any further than going to bed. I cannot positively say I saw him go to bed.

When did you see him again? - I saw him the following morning. He generally came down about half after seven.

Had he then the appearance of a man that had had his natural rest? - Yes, as far as I can judge.

NICHOLAS O'BRIEN sworn.

What are you? - A journeyman coach-maker.

Where do you live? - Why, Sir, at present in New Round Court, in the Strand.

Did you at any time sleep with the prisoner at the bar, and when? - Yes. Sometime back he slept along with me, when I lodged in a house in Wood-street.

When was that? - It is a long time back: I can hardly recollect.

As near as you can recollect? - It may be about three or four months ago.

Cannot you tell within a week, think you, when it was? - No, I cannot.

Is there any circumstance that brings to your recollection the time? - No.

Mr. Peatt. My Lord, there is a circumstance that I forgot to ask the first witness; does your Lordship see any impropriety in my calling her again? - Court. Not the least in the world.

To Mrs. Peach. Had the prisoner any thing with him when he came to your house? - Yes.

What had he with him? - A bundle; but what was in it, I cannot tell.

Did you, or did you not see any thing taken out of that bundle? - No, I did not.

Did you see it open? - No, I did not.

WILLIAM BONNYCASTLE sworn.

What are you? - A taylor by trade; a little master. I live at No. 7, in Wood-street, Westminster.

Do you recollect any time before the imprisonment of the man at the bar, seeing him where, and when? - Yes; I saw him on the Wednesday, the 5th of November.

Did you see him at any time before that? - I cannot say I did. I drank with him at the bar of the Horse and Groom in Wood-street, on Wednesday, the 5th of November.

Had you seen him on the Wednesday, Thursday, or Friday before that? - No, I cannot say I did.

Had you seen him on the Monday or Tuesday? - No, I did not.

HENRY TENCH sworn.

I am a farrier. I keep a shop in Wood-street, Westminster.

Did you at any time see the prisoner? - Yes. I have known him above four years by acquaintance.

How soon before he was taken up for this affair did you see him? - I saw him go past the shop several times.

Do you recollect any particular day or time? - No, but I believe it was in the month of October.

Have you any notion what time in the month it was? - No. It was at a club at a publick-house, which I believe was the 27th of October.

What day of the week was it? - On a Monday night. Our club is held on a Monday night. A weekly club.

Court. What time does your club meet? - At seven. I went away from it about eight.

Was the prisoner there when you went away? - No, I did not see him.

You did not see him the whole of that day? - No. I did not see him that evening.

Why did you say he was at the club that evening? - I did not say so. He was not there while I was there.

Where is the club kept? - At the Horse and Groom, Wood-street. I might have seen him there that day. I do not know; I do not recollect; but I did not see him that evening at the club.

CHARLES BILLING sworn.

I am a master hair-dresser, No. 16, Wood-street, Milbank.

Do you recollect seeing the prisoner at any time before he was apprehended? - Yes. He was in my shop. I shaved him on Thursday morning; and the Saturday following he was taken.

What day of the month was Thursday? - I cannot recollect. I did not take any notice of it.

You do not know where he was on the Monday or Tuesday? - I do not.

- HADDICK sworn.

I keep the Horse and Groom where the prisoner lodged.

When do you recollect seeing the prisoner before he was apprehended? - He slept with me the 4th and 5th of November.

Any time before that? - I did not come into the house before then.

Do you know where he was some few days before that? - I do not know.

Do you know of his having any birds, or partridges, or pidgeons, or any thing of that kind? - No, I do not.

Had he any bundle with him? - No.

Mr. Peatt. Now I shall call witnesses to his character.

(Called on the steps and no answer.)

If they should appear, your Lordship will have the goodness to hear them.

Court. Certainly. Would you ask Mrs. Peach.

Mr. Peatt to Mrs. Peach. What do you know of him? - I never saw any thing amiss of him.

Does he seem to be an ill-natured bad meaning fellow? - I never saw any thing of the kind.

- BOOTH sworn.

I keep a publick-house. I have known the prisoner sixteen years.

What is his character for humanity? - He lived servant with me for two years, and behaved well.

HENRY TENCH sworn.

I have known the prisoner four years.

What is his character for humanity? - I drank with him several times. I never saw any harm by him.

You never saw any disposition in him to be cruel or severe to any person? - I never did.

Court. Gentlemen of the Jury, William Woodcock stands indicted for the wilful murder of Silvia his wife, by beating her on the head and face with a stick, giving her there by several mortal wounds and bruises, of which she languished for some time, and then died. In support of this charge several witnesses have been examined; and I will state to you the substance of their evidence. [Here the learned judge summed up the evidence for the prosecution, in the course of which he observed, he would at once state to them; because it was satisfactorily proved by Mrs. Brace, that that woman was the deceased Silvia, the wife of William Woodcock ; and that Mr. Gibbs had behaved with great humanity, which did him great honour, and was fit to be mentioned to his credit.] His Lordship then added, I was willing you should see how the case stood, even supposing she had been senseless and had never uttered a word; and it seems to me as if the evidence was of a pressing and urgent nature against the prisoner, even so taken: because, here is this man's wife found in the morning, in this dreadful condition at Chelsea, having set out from Enfield Highway by appointment, with the prisoner, in order to go to a lodging in Holborn; the prisoner acknowledging that he joined her at the Basing house, on the professed business of that journey. That he should join her on the road, and should be at that lodging, there is no account of her ever coming to that lodging at all; but she was found at Chelsea the next morning, having, by all appearance, laid there many hours from the state of the blood. The prisoner afterwards returning to Enfield Highway, and there declaring that his wife had gone on the Tuesday morning to Hampton Court, which was absolutely a falsehood; and coupled with that, as soon as he understands that the people were come down in search of him, he goes off another way; and added to all that, articles of wearing apparel, exactly corresponding with those articles of wearing apparel, which that woman set out with that day, found afterwards in the prisoner's possession, in a state which corresponds exactly with the situation in which that woman was found. If the case stood so unexplained by the prisoner, and he was able to shew you, either that he missed her, or that after he had conducted her to Holborn, and there left her; and that she must in some other manner have found her way to the place in which she was afterwards found, being unable to explain the story he told of Hampton Court, and these articles of dress found in his possession, if it stood so, it would have been a series of circumstances

so urgent and so pressing, that they seem to fall very little short of actual demonstration, equal to the evidence of those that saw the blows given. If I was satisfied that the case was quite full, without this circumstance of her confession, I would not state those circumstances to you at all, as I would not wish that they should make any part of the consideration now before you, because they come under some difficulties. Great as this, and every crime of this nature must always appear to be, the conviction must proceed on grounds of legal evidence; and ordinarily legal evidence consists in the deposition of witnesses, taken on oath, before the jury, administered in the face of the court where the prisoner is tried; and that evidence comes down to the jury, under all the advantages which examination and cross-examination can give. There has been admitted beyond that kind of evidence, two other species of evidence; one is the declaration of the dying person who has been murdered; and that has been admitted under certain circumstances, to stand in the place of evidence given before a jury on oath. Another species of evidence has been, that of examinations taken before a Justice of Peace, having under a particular act of parliament, a justification to take such examinations; and being called upon to send such examinations afterwards to the Court of Goal Delivery, where, if by accident, the party should die before the trial of the prisoner, it should be of necessity substituted in his room. A doubt has arisen among us, to which doubt I subscribe, which is, whether the examination taken by Mr. Read, is an examination of that nature; for the examinations directed to be taken by act of parliament, are examinations taken where persons are in custody, and when the justice hears the examination of witnesses against persons in custody, upon which examination he is to do his duty, either to commit, or to bail: such examinations are allowed to be read after the death of the party. It was a very proper and prudent act of the Justice; but it was a voluntary act of him, at the request of the overseer. Now that voluntary examination is like every other, not taken before the jury who tried the prisoner, and therefore not properly to be received as an examination on oath; but though we must strip it of that sort of sanction, yet still it is the declaration of the party, signed by herself; and you may class it with all those other declarations which this woman made after she was found, and before she died. Now, with respect to that, the general rule by which these declarations are made evidence is this, they are declarations made in extremity, when the party is considered as at the point of death, no hopes for this world, with every obligation upon them therefore to speak truth; and that situation being considered as so solmen and so awful, as to create an equal obligation to that of a positive oath, administered in a court of justice. There is but one difficulty attending these declarations with respect to this woman, and that is, the difficulty of finding out whether she herself apprehended herself to be in such a state, as to be going to answer before her Maker for that transaction. I enquired as to that of several witnesses, but I could not get satisfactory information. The surgeon said she did not seem to be much sensible of her situation, though she was in a dreadful one; apparently dying; but she lay there submitting herself to her situation, and without explaining herself upon this circumstance, whether she thought herself likely to live or die. Now the ground upon which the evidence is to be admitted is, that she speaks under the impression of a situation such as that of a person going to die; and my judgment upon the whole of this difficulty is this, that inasmuch as she was certainly mortally wounded, and was in that condition; for it was difficult to get from her particular explanations as to what she thought of herself and of her situation, when every body about her thought she was a person likely to die: that a declaration made by a woman under such circumstances, ought to be consideredby a Jury, of being made under the impression of considering herself as a dying woman; and that, therefore, those declarations, especially as they were carried on to the last, as long as she was capable of speaking; and, as they were uniform, as long as she must have so considered herself; they may very well be considered by a Jury as given under that impression, and therefore as entitled to a certain degree of credit; how much credit, will always be a matter for the sober consideration of a Jury, when they hear it, and couple it with all the circumstances.

I know it is possible that persons in such a situation may aggravate from feelings of resentment. It is possible that though they may appear to be in their senses to those that are about them, yet there may be a false train of reasoning. They have possessed such very infirm minds, where the body is so infirm, that there may be, to that purpose, a sort of sensible delirium, if I may so call it; that is, that they may talk with appearance of reason from a false impression made on the mind: therefore I have thought, that though these kinds of declarations may be received, yet they are to be received with a great deal of caution; and are more or less material, according to the particular nature of the particular case to which they are applied. Here, in truth, they have such abundant corroboration, that I am afraid there can be no room at all for hesitation, as to the decree of credit that ought to be given to this woman's declarations, under all the circumstances; as those declarations were uniform and consistent, both to the surgeon, to the apothecary, to the overseer, and to Mr. Read; that she was the wife of Woodcock; was to go with him from Enfield Highway to Holborn; that she set out, he met her at the Basing-house, walked with her a long way; that, when it grew dark, he got her into a bye place, and demanded her keys; that she told him, William, it is time enough to give you the keys when I see the lodging; that, upon that, he gave her several blows, which, in the end, made her senseless, and she had no further recollection of what passed. And if this was the state of the fact, as I am afraid there is too much reason to believe it was, if she had never said it, then there remains no room for doubt, or for explanation, with respect to the case: it must, in that case, be a very barbarous murder, committed by this man in the coolest and most deliberate train of wickedness that the human mind could be supposed to have framed.

Gentlemen, the prisoner has, in answer to this charge, not been able to explain one single circumstance. He has made, indeed, an attempt to produce something like an alibi; but it amounts to nothing: it consists of the evidence of a Mrs. Peach, who tells you that she lives in Charles-street, Westminster, and that on the 27th of October, after the dark of the evening, the prisoner came to her house: that she sups about nine, and he was there, then, before supper; but cannot say what time he came in. Another witness says he was at his lodgings after supper: and that is the whole account he has given of himself, from the time he left Mrs. Brace, at Enfield Highway, at half past two, till the time that he went to bed at his lodging, at past ten. Now it is obvious that, perfectly consistent with that account, every article of the charge may be true; and it brings him to London, and it creates upon himself the necessity of giving some account of himself before he came to his lodgings, in order to avoid the imputation which naturally arises from his having taken upon himself the care and custody of his wife. Having taken her to carry her to a particular place in Holborn,

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

Reference Number: t17890114-1

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 14th of JANUARY, 1789, and the following Days;

Being the SECOND 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 II. PART II.

LONDON:

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

MDCCLXXXIX.

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 Woodcock .

she being found in that condition, he is obliged to account for her some way or other, from the time he received her into his care, to the time he was seen in London.

Mrs. Peach mentioned a circumstance which rather strengthened the case against him; which was, the circumstance of his bringing a bundle to Mrs. Peach's house. She did not see what was in that bundle; but it was a circumstance that the woman set out with a bundle; that she had not her bundle when she was found; and that the prisoner had a bundle, at an hour later, under all the circumstances, than of the time when the fact was committed: and that there had been afterwards found in his box things which might be conveyed in that bundle.

The rest of the evidence is to shew that he did not abscond; so far it is material for him. He certainly was seen in and about London several times before he was apprehended, after the time this woman came by her death. That there was a woman, when he was carried before the Justice, who appeared in the character of his wife; and there is some reason to apprehend that he married such a woman; therefore he certainly was in about London. In general, to be sure a man appearing openly, against whom there is any ground to lay such a charge as this, is a favourable circumstance. One would not suppose, that a man could have a mind so hardened in guilt, not to wish to fly to the remotest corner of the earth; therefore it would certainly tell, in another case, very much in his favour: what effect it may have in a case so loaded as this is with urgent circumstances, you are to consider.

There are, besides these, three or four witnesses who speak to his character. The character, if it were better established than it is, weighs but little against a chain of circumstances. You will have to consider, first, there is no doubt but that this woman has come by her death by a violent outrage committed on her person, and that it is murder in somebody.

The next consideration is, whether the circumstances of the case do or do not afford you solid and satisfactory grounds to conclude that she did come by her death by an outrage committed by the prisoner, her husband. You see in what manner the circumstances are brought to fix it upon him: he was the person who was last with her, who had undertaken the charge of her, who had appointed her to come from the particular place where she was to town, on a pretence that seems now not to be founded in fact; and having given no account of that, many other circumstances, of a considerable degree of personal share in the outrage. And you will be to consider, whether this is, or is not, equal to that sort of demonstration which arises from the party's being seen by witnesses to commit the fact. The declaration of the woman is, taken with the rest, certainly proper to form a part of your consideration; and, if it be true, reduces that which would barely admit of a doubt, from the rest of the evidence, to that which is equal to absolute certainty.

Gentlemen, this man's fate is in your hands. The public justice of the country requires you should give the case a full and solemn consideration; both for the sake of the public, which is deeply injured by the loss of a subject in the way this poor creature has lost her life, and also the fate of the individual who is charged before you as being the author of it. You will do justice between them.

The Jury immediately gave their verdict,

GUILTY , Death.

GUILTY on the Coroner's Inquisition.

Clerk of the Arraigns. William Woodcock , hold up your hand. You stand convicted of Wilful Murder; what have you to say for yourself, why the Court should not give you judgment to die, according to law?

Prisoner. Not guilty, my Lord.

Proclamation being made, Mr. Recorder pronounced Sentence, as follows:

William Woodcock , you have been convicted, after the most cautious and attentive examination of every circumstance, and upon the clearest and most satisfactory evidence, of a crime the most enormous that human nature can possibly commit. The crime of murder, in itself, whether we consider the malignity of heart which produces it, or the fatal consequences to society, has ever been considered as a crime of dreadful magnitude: the blood of the innocent is said to cry to Heaven for vengeance. The laws of God, as well as of man, pronounce, that whose sheddeth man's blood, by man shall his blood be shed. The crime of murder, in itself, is of such a degree of malignity, as scarcely to admit of aggravation. What must be the horror of your accumulated guilt, under the circumstances with which this murder has been attended! It has been committed with a degree of savage barbarity and violence, scarcely to be found in the history of the most shocking murders: it has been committed without a shadow of provocation, and against that unhappy person to whom you were united by the sacred ties of marriage - ties equally sacred in the sight of God and man - which bound you to cherish and protect the unhappy object who was so connected with you, and not to be the author of dreadful and brutal violence to herself. The circumstances that attend your case, afford but too great reason to believe, that this proceeded from the most deliberate blackness and malignity of heart; and that you seduced this unhappy woman from her dwelling, for the horrid purpose of putting an end to her existence. God only knows what influenced your savage heart! whatever it was, admits of too little ground for any sort of mitigation. Under these circumstances, you cannot, consistent with public justice and the good of society, expect any mercy from those who are entrusted with the administration of the law. The law is for the public; and the safety of society is, that you should

die; and die you must. Happy will it be for you, if your guilty blood can make any atonement in the eye of Heaven for that horrid crime. The mercy of the Most High bnows no bounds; and from that boundless and infinite mercy alone it is that you may hope for favour. I pray God, that the very short time which remains for you to live may be so employed, which, in the sight of that merciful God, may obtain for you some mercy hereafter. It remains, therefore, only for me to discharge the remainder of my duty, in pronouncing upon you the just and awful sentence of the law; which is, That you be carried from hence to the place from whence you came, and from thence to the place of execution; there, on Monday next, to be hanged by your neck until you be dead, and your body to be afterwards dissected and anatomized according to the statute ; and the Lord have mercy on your bloodstained and guilty soul.

N. B. This sentence was executed on on the prisoner on the Monday following, the 19th of January .

Tried by the first Middlesex Jury before the LORD CHIEF BARON.

Reference Number: t17890114-2

99. ROBERT YOUNG was indicted for stealing, on the 29th of December , one iron grate, value 17 s. the property of William Rowden .

WILLIAM ROWDEN sworn.

I caught the prisoner with a stove of my making on his right-shoulder; it was stolen out of my passage; I caught him just by Saltpetre Bank; it was very near six in the evening. He said he was hired to carry it for 6 d. I told him to take it back, and he replied he would see me b - gg - r'd first.

GEORGE SMITH sworn.

Confirmed the above, being journeyman to the prosecutor, and assisted in taking the prisoner.

PRISONER's DEFENCE.

I was hired to carry it.

GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

N. B. Sentence on several prisoners, for larceny, was postponed until the adjournment-day, Friday, the 30th instant.

[Transportation. See summary.]

Reference Number: t17890114-3

100. DOMINICK VERRIOT was indicted for feloniously stealing, on the 16th of December last, nine pair of black silk stockings, value 5 l. 3 s. 6 d. six pair of plain white silk stockings, value 3 l. 15 s. and three pair of white ribbed stockings, value 1 l. 16 s. 6 d. the property of William Wilkinson .

(The Case opened by Mr. Silvester.)

WILLIAM WILKINSON sworn.

On the 16th of December the prisoner applied to me, saying that he had an order from the country for some silk stockings; I shewed him different sorts; he picked out eighteen pair, for which he was to pay 10 l. 16 s. he gave me a card, and directed me to send them to Burleigh-street in the Strand, and desired to know if they would be sent directly; I told him they would; on which he left the shop. I packed them up directly, and gave them to William Hyde , my shopman, with a bill of parcels; telling him to bring me the money. He returned a little after seven; I sent him about five o'clock.

WILLIAM HYDE sworn.

I received a parcel of stockings from my master; I took the parcel, with a bill, and receipt-stamp, to No. 9, Burleigh-street, in the Strand . When I came there, the person was not at home: I waited about ten

minutes; when he came in, and he said he had been to Clerkenwell. I delivered the parcel and the bill, and requested payment of the bill; on which he went into a back room, under pretence of looking at the stockings: he took them out of the paper; he returned from the room, and came to the front room, and said he was going to shew them to a person, a friend of his. He had the shop-door in one hand, and the parcel in the other. It is a broker's shop; the prisoner said he was a wire-worker , and that he was to have one-half of the shop. He immediately went out; I waited about ten minutes or a quarter of an hour; he returned, and I demanded the money, or the goods back again; and he said they were not approved of. After that, I endeavoured to lay hold of his arm, as he was at the door, to stop him. He then went out; but, before that, he asked me if I thought he was going to trick me. He went out, and I waited about two hours, with anxiety, hoping he would return; he did not, and I came home. He was apprehended the next day, at the Magpye and Platter, in Butcher-row, between three and four o'clock. He was taken before Sir Sampson Wright , and there examined. There were ten pair of the silk stockings found in his pocket.

Prisoner (producing the bill of parcels). Is that the bill of parcels you delivered me? - Yes.

Court to Wilkinson. Was you at the apprehending of the prisoner? - Yes. Between three and four we took him to Bow-street, and there were ten pair of silk stockings found in his pocket. We took him from the Magpye and Platter.

(Ten pair of stockings produced and deposed to.)

WILLIAM ALDRIDGE sworn.

I am a pawnbroker; I live with Mr. Lane, in Drury-lane. The prisoner brought a pair of silk stocking to our shop, on the 17th of December, between three and four o'clock: I lent him 5 s. on them. I have known him some time.

- WATTS sworn.

I live with Mr. Reed, a pawnbroker, in Fetter-lane. I took in a pair from the prisoner.

GEORGE PAUL sworn.

I live with Mr. Heather, a pawnbroker, in Long-acre. The prisoner came to our house on the 16th of December, at dusk in the evening, with a pair of silk stookings; I lent him 4 s. on them.

(Deposed to by the prosecutor.)

PRISONER's DEFENCE.

I pawned two or three pair of them, to try the value of them; I should have paid for them when they were approved of.

GUILTY .

Imprisoned six months .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17890114-4

101. JOHN MORRIS was indicted for feloniously and burglariously breaking the dwelling-house of Richard Herring , about the hour of six of the night of the 29th of December , and stealing therein one copper tea-kettle, value 6 s. the goods of the said Richard Herring .

RICHARD HERRING sworn.

On Monday the 29th of December, between six and seven in the evening, I went out: I left my wife and children in the back room. I returned in about three or four minutes, and saw two men at the door, one with his back towards me, and one with his face towards me. I found the one with his back towards me had a new kettle; I collared him, and the other ran away; I took him into custody, and sent for a constable, and took him before Mr. Justice Parker. The kettle had stood on a shelf, in the shop-window; I am positive

it was mine. I left nobody in the shop when I went out; the shop-door was not fastened, I only pulled it to after me; it had a spring-latch, which opens both inside and out: I can't positively say whether I latched it or not when I went out.

JOHN TAYLOR sworn.

I am a constable. I was sent for, and took the prisoner into custody; and the property I have had ever since.

PRISONER's DEFENCE.

I was coming by just before, and I observed two or three men near the door, and I saw one come out with a kettle; I took it from him; and the gentleman came, and found me with it, and took me.

Serjeant MORRIS sworn.

The prisoner belongs to the same company with me. I have known him about a year. He is a very good soldier ; and, I believe, an honest man.

GUILTY, Of stealing, but not of the burglary .

Whipped , and imprisoned six months .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17890114-5

102. MARY HIGGINS, alias HERRALD , was indicted for feloniously stealing, on the 19th of December last, thirty-seven yards of blue silk lutestring, of the value of 7 l. the goods of John Barlow and John Hops , privately in their shop .

JOHN BARLOW sworn.

I live in Cranbourn-passage ; my partner 's name is John Hops . I only prove the property.

JOHN LLOYD sworn.

On Friday, the 19th of December, at three or four o'clock, the prisoner came to our shop, to purchase a few articles, which she paid for. When she came in, I observed the piece of lutestring on the counter: she went out of the shop; I missed it as she was going out; I followed her, and took her about three or four yards from the shop; I brought her back, and took it from under her cloak; she said she picked it up in the front shop, and meant to bring it back again.

(Deposed to by Mr. Barlow.)

The prisoner called three witnesses to her character.

GUILTY, Of stealing, but not privately .

Tried by the second Middlesex Jury before Mr. RECORDER.

[Transportation. See summary.]

Reference Number: t17890114-6

103. CORNELIUS CARTY was indicted, for that he, together with Thomas Ryan and Patrick Ephernon , not having the fear of God before their eyes, but being moved and seduced by the instigation of the devil, on the 3d of January instant, with force and arms, in the parish of Hendon, upon Michael Williams , in the peace of God and our Lord the King, then and there being, feloniously, wilfully, and of his malice aforethought, did make an asassault; and that the said Cornelius Carty , with a certain knife, of the value of 6 d. which he then and there in his right-hand had and held, in and upon the right-side of the head, near the right-eye of the said Michael Williams , did strike, stab, and thrust; giving him, the said Michael, by the said striking, stabbing, and thrusting, as aforesaid, one mortal wound, of the breadth of two inches, and of the depth of three inches, by which he languished till the 6th of January, and languishing did live, on which said 6th of January he died; and so the jurors, upon their oaths, say, that the said Cornelius Carty , together with the said Thomas Ryan and Patrick

Ephernon , him, the said Michael Williams , did kill and murder .

He also stands charged with the like felony and murder on the Coroner's inquisition.

(The case opened by Mr. Silvester.)

MARY WILLIAMS sworn.

I am the widow of Michael Williams . We were going from London to Hendon , on the 3d of this month, which was Saturday se'nnight; my husband, and my son, and me, in a one-horse cart. When we had got to the four-mile stone, we were met by three men, about half after six in the evening, about a quarter of a mile from the four-mile stone. The prisoner took hold of the horse by the reins, and stopped him; they desired my husband to stop, and called him a bloody b - gg - n, and told him to stop, or they would blow his brains out. The other came up with a pistol to the cart, and called my husband a bloody b - gg - n again, and insisted on his money; and my husband said, Gentlemen, have mercy on me; do not hurt me; do not take my life. I have but a little money; I am a poor man; but what little I have I will give you. He gave them what money he had, which was about three or four shillings, I will not be positive; and the man with the pistol came up again, and said, d - mn him, he has got more; he told him he had not; then he said he would blow his brains out. I sat in the body of the cart, and saw nothing but the pistol; I cannot say who that man was. The prisoner, Carty, let go the reins of the horse and he and another came up, and they knocked my husband off the shafts: he got up again, and they knocked him down again. His son being asleep at the tail of the cart, covered over, with the noise he awoke; he jumped up, and asked what all that noise was; and he went to jump out at the tail of the cart, and his smock-frock catched upon something; and the two men came up to the tail of the cart, and he had a tussel with them; and my son seeing a gentleman coming on horse-back, he called for assistance, and there came up two gentlemen immediately to assist; upon their coming up, I got out of the cart, and went to my husband, but which way I got out, I cannot be sure; he asked for a handkerchief as plain as I could understand him. He was laying in the road, and I gave him one to wipe his face. I stood by the side of my husband, and held the horses, while the gentlemen assisted my son. My son never let Carty go out of his hands. Then they secured Carty, and the others jumped over the hedge, and run away. Carty never was out of my sight, till he was secured. We took my husband home in the cart to Enfield.

Was he sensible? - He was so sensible, that all he said was, My head, my head. He continued so all Saturday, but never spoke after.

Court. How soon after that did he die? - He died on the Tuesday following. My husband would have been fifty-five years of age on the next month.

Prisoner. When I was before the Justice, this woman said I had no concern with her husband? - I did not say so.

JOHN WILLIAMS sworn.

I was in the cart with my father and mother. I was asleep, wrapt up under some sacks; when I awaked, I jumped up, and hallowed out to know what was the matter; and there was Mr. Carty and another man with him, and my father lying on the ground. I jumped out of the cart, but my smock frock hung by the cart. I could not get clear to the ground. The prisoner came up, and cut me in the groin with something; I don't know what it was. Here are holes all through my breeches: then I had a skirmish with him. I did not let him go. When we were in the ditch, he cut me down the shoulder. Mr. Franklin and Mr. Finch came up to my assistance. There was a knife found in the ditch the next day. The other man went away. I never let Carty go. I saw no more than two.

Prisoner. Which way did you take hold of me? - By the lap of your jacket.

You did not lay hold of me about the middle, did you? - No, I did not. He drew me up to the ditch, and then I laid hold of his collar.

JOSEPH FINCH sworn.

I am a farmer. I live at Dolles Hill, in Willesden. On the evening I was going home with Mr. Franklin, about seven o'clock, I heard a cry of distress. We hastened our pace; it was about 150 yards beyond the four mile stone When I came there, I saw the deceased lie motionless on the ground: I saw two other men in the ditch, at the bank of the foot-road, lying struggling; there was a third man standing on the bank of the other side of the ditch: I jumped off my horse, and turned him up, and ran to the two men who were contending in the ditch, and enquired which was the thief, upon being informed, I hit him two or three blows with a small stick - I had in my hand, and feetred him; at that instant, Mr. Franklin coming up, the other man run away. I left the prisoner in custody of Mr. Franklin and young Williams, and got on my horse, and rode after the other: after going as far as I thought he could have got, I came back again: he had gone another way; on my coming back, he had been troublesome to Franklin and Williams; I took the reins of the horse, and tied him, and bound his hands. I searched him, and found on him 1 s. and one penny in money; I then sent for a lanthorn to see for the weapons, and while that was coming, I put old Williams in the cart the cart went off, and I saw no more of them that night. I cannot swear to the man.

EDMUND FRANKLIN sworn.

I am a farmer. On the 3d of January, me and the last witness were coming from town together and about the four mile stone, we heard a distressed cry we hastened our pace and came up; and there was the deceased lay in the road in blood: we observed two men scuffling in the ditch together. We got off our horses; I gave my horse and Mr. Finch's to Mary Williams to hold. I got up the bank to assist Mr. Finch and John Williams ; as soon as I got to the prisoner, I began laying on him with my stick, as hard as I could hit him, and he cried out for mercy; then we got him into the road, and Mr. Finch left him with me and John Williams , while he went after the other; Mr. Finch came back again, and took the reins of the horse, and tied the prisoner's hands behind him; Mr. Finch then sent for a candle and lanthorn, and in the mean time we loaded the deceased in the cart; then Mr. Finch searched the prisoner, and I held him, and there were found in his pocket 2 s. and 1 d. nothing else.

THOMAS COZENS sworn.

I am a farmer's-man. I met the prisoner and his partner, about a quarter after six, twice on the Edgware road. It was about a quarter after six the first time; the other men bid me good night twice, and the prisoner asked me what it was o'clock; I told him a quarter after six; he said he knew it as well as me; I went home, and went out again to meet my son; and I heard a cry, as I thought, from a woman and a man; and I went down, and I found Mr. Williams being on the ground bleeding. I found Mr. Franklin had the man in custody; the son and I helped to put Williams in the cart, with violence; I asked me severil questions; and I could not get a word out of his mouth. I went to the place on the Sunday morning early, to look for some instruments, and found this knife in the ditch, where the scuffle was, stuck in the rushes with some trifling blood on the point of it.

(A large knife produced.)

WILLIAM JAMES WARNER sworn.

I am a surgeon at Hendon. I was called in to this poor man on Saturday night, the 3d of this month, between the hours of eight and nine. I found him sitting by the fire, his wife supporting him; he had received

a wound upon the cheek, just below what anatomists called the zygomatic process, which forms part of the cheek-bone. He was not then quite insensible; he wanted very much to be put to bed, making use of the term, Let me go to bed by all means. I understood he had lost a large quantity of blood, and I apprehended the situation I had found him in, might proceed from that loss of blood, and the extreme coldness of the weather, and the place he was in.

Court. Do you mean his apparent weakness and lowness? - Yes, Sir; the weather was very cold, and the place where he was dreadfully cold; I was told the wound had been inflicted by a sharp instrument, of which it had the appearance; I dressed the wound, and desired him to be put to bed, and kept warm; I then left him for that night. I was prevented from seeing him so early the next morning as I wished, by being called to examine the head of the prisoner. I went to him at twelve o'clock; when I came there, I was given to understand he had been in a state of insensibility for the greatest part of the night, and found him nearly in a similar state; a tumour had formed considerably above the wound, which, on pressing, seemed to give pain, and occasioned him to raise his hand to the part; from this circumstance, and the symptoms which accompanied, I judged the scull or brain, or perhaps both had sustained an injury. I thought perhaps an operation might be necessary; but the place where he was not being convenient, I went to Mr. Bond, who ordered the governors of the work-house to fit up the best room for him, and to send a cart for him, and a bed and bedding. I purposed visiting him again as soon as he was removed to the work-house; I waited some time, expecting information that he was arrived at the work-house, but not hearing any thing, I went down to the place between seven and eight, where I had first found him; on my going there, I found his friends averse to his being moved; I found the symptoms much increased; judging it necessary, I made a longituninal incision, to come at the state of the case as near as I could, on the tumour; from this I learned that the skull was perforated: I learned sufficiently to make me pretty sure that was the case. I informed the friends there appeared but one thing, and that afforded but little hope, and that I would go down and consult Mr. Bond on the matter, and return again; Mr. Bond and myself agreed it would be right to have a consultation; and in consequence, a messenger on horseback was dispatched to Mr. Goodwin, an eminent surgeon of Hampstead, requesting his advice and assistance; he declined coming on account of the hour of the night, and thinking it an improper time to undertake any business of that kind; but being rather of a different opinion, and thinking no time should be lost, I formed the resolution of going down, and if I thought it necessary, on inspecting the scalp, to trepan the man. I returned again between ten an eleven, and found the man considerably worse, and I found the friends in general unanimous that it should not be done, as I offered them but little reason to suppose it would be effectual; I represented to them, that in the state he was, die he must; but suggested it to be necessary to trepan him, though I could afford them but little reason to suppose it would be of service; the consequence was, that when they declined it, I left the man without performing the operation. I saw him on the following morning; he was then moved down to a better appartment, and had a comfortable bed; he was considerably worse, and had all the appearance of a dying man. I did not see him again till after his decease; he died that night at eleven o'clock. After he was dead, I removed the scalp, and made some perforations near the part where the injury had been received.

What did you find? - I found the wound of the skull connected with the external wound of the face; the instrument had passed through the arch formed by the zygomatic hypothesis, or process, and entered the skull about three inches above, in

an oblique direction, about two inches and a half from the external wound; it had passed under the arch of bones called the rise of the cheek, and entered the skull about one inch posterior to the orbit. I had penetrated the skull, and found the texture of the brain considerably broke; a large cavity was formed; there was a large effusion of blood, so that I could cover my fingers almost without any impediment.

Do you or not think that that wound was the occasion of his death? - It evidently was.

PRISONER's DEFENCE.

On this Saturday, this Ryan and Ephernon came to my house, of which I gave information to Mr. Bond, and he gave me his honour he would get me a free pardon; they asked me if I was going into the country to day, I said I should go to get a few oranges; and I got to the value of about half-a-crown's worth; Ephernon asked me if I would wish to go on such an affair with them at that present time. What, to rob? Yes. I answered I would not, while I could earn a shilling or eighteen-pence a day by lemons and oranges, and that I thought it better than to go on that line. Ephernon said he did not care, they would both go themselves. He went and told Ephernon I was not to go with him; in about half an hour they both came to my room; with that, my Lord, they both wished me a good morning, and went off, and told me where they were going to; they knew the walk I used to take with these lemons and oranges; and they met me about five o'clock; with that Ryan seemed to be forward in liquor, and they both began to quarrel and fight; with that they rescued the basket away from me, which contained about sixpenny worth of the oranges which I had not sold; I stood still for a little time, and asked them for them again, and they made answer that I should not have them, and should not go home till they pleased. Ephernon made answer, and said, d - n my eyes, if I offered to go out of his sight, without his leave, he would blow my brains out; I said why? he made answer, that I should perform in the action which he was determined to do; I told him, that if he was to shoot me through the body, I would not go with them that night on the actions they meant; with that we parted; this was about half a mile from the place where the fact was committed. I followed them, and thought to have returned home on the Hamstead road; with that, I heard a hue and cry: I came up, guessing and imagining in my own mind they were doing something amiss. The first thing I observed was, a horse and cart across the king's highway before me: there was no room on the foot way for the snow; I thought to get past the horse, and my hands came to the reins of the horse, and this young man jumped out of the cart, and catched me round the body; Ryan went behind the cart, and laid in the snow, and Ephernon went round the hedge; then there were some gentlemen farmers came up, and gave me several blows, and knocked me down nine or ten times. I neither robbed nor committed the murder. I expect nothing, as I find, but death; and I have to say to the hour of my death, I neither intended to rob or murder.

The learned Judge summed up the evidence, and added -

Gentlemen, it is proper I should tell you, that in point of law, if several men go out together upon an illegal purpose, meaning to commit a robbery, and determine to oppose all resistance that may be offered to them in the prosecution of the attempt, if one man kills another, the man that was present, though he is not the hand that gave the blow, he is equally guilty; therefore, if the wound was given by the other man who was in his company, and you are satisfied they both went out on one illegal purpose, he is equally guilty.

The Jury immediately gave a verdict,

GUILTY , Death.

GUILTY, on the Coroner's Inquisition.

Prisoner. My Lord, I beg the mercy of Almighty God, and the benefit of the clergy.

Clerk of the Arraigns. Cornelius Carty , hold up your hand. You stand convicted of wilful murder; what have you to say for yourself, why the Court should not give you judgment to die, according to law?

Prisoner. I am as innocent of the murder and robbery as the child unborn.

(Proclamation made.)

Prisoner. My Lord, I beg the benefit of clergy in the name of Almighty God. I am as innocent as the child unborn; but, at the same time, my Lord, I have been concerned.

Mr. Recorder passed sentence as follows:

Cornelius Carty , you have been convicted of a crime of the greatest magnitude of any that is known in the law. The crime of wilful murder, an offence which not only the laws of this country, but of every civilized society, have judged it indispensibly necessary to punish with death. Your case affords a melancholy instance how naturally the commission of one crime leads on to another; for though there is reason to hope that you did not go out with a deliberate purpose to take away the lives of your fellow-creatures, yet that guilt was the natural cause of the unlawful purpose for which you associated with others; and the life of an innocent subject has fallen a sacrifice to your crimes. It therefore becomes necessary for the safety of society, and to deter others from offending in the like, that your sufferings should hold forth an example to those who cannot be restrained from the commission of crimes by any laws, human or divine. Happy will it be for you, if a sincere repentance of your guilt should obtain for you, that mercy hereafter, which the law must unavoidably deny you here. It is necessary that persons guilty like you should suffer; and it remains only for me to discharge my duty, in pronouncing upon you, the awful sentence of the law; which is, That you be taken from hence to the place from whence you came, and from thence to the place of execution; there, on Monday next, to be hanged by the neck until you are dead; and your body afterwards to be dissected and anatomized pursuant to the statute; and the Lord have mercy on your sinful soul.

Prisoner. My Lord, I beg the benefit of clergy.

Court. The law denies it you, and the justice of the country must be satisfied.

Prisoner. My Lord, I die as innocent as a child unborn.

N. B. The prisoner was executed on Monday following, the 19th instant , and afterwards hung in chains near the four mile stone, on the Edgeware road , pursuant to the order of the Court.

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

Reference Number: t17890114-7

104. JOHN GRIFFITHS was indicted for stealing, on the 29th of November last, seven pieces of ivory, weight 66 lb. value 8 l. 5 s. the property of Thomas Culliford , William Rolfe , and Thomas Bradford .

The Case opened by Mr. Silvester.

JAMES STEVENSON sworn.

I am a carpenter, and foreman to the prosecutor, at No. 26, Great Sutton-street. I delivered the large piece of ivory to the prisoner in Pelican court, to carry to Mr. Culliford's, No. 16, in Fountain-court . He had seven or eight pieces. I know the ivory of smaller size.

JAMES THOMAS FIELD sworn.

I am a comb-maker in Houndsditch. I know the large piece of ivory. I bought it of George Dean . There were six other

pieces, I believe. I bought it on the 29th of November.

GEORGE DEAN sworn.

I live in Crown-street, Moorfields. I received the pieces of ivory I sold to Mr. Dean, from the prisoner at the bar. I am sure the large piece is one of them.

THOMAS CULLIFORD sworn.

I am a harpsichord-maker , in partnership with William Rolfe and Thomas Bradford . Our shop is in Fountain-court, Cheapside.

(Deposes to the large piece of ivory)

I never sold it to any body: the small pieces which are here will match with it. I bought the ivory of Mr. Fonteloy, in Potter's fields.

- FONTELOY sworn.

I am a dealer in hard wood and ivory. I sold some ivory to Mr. Culliford.

(Looks at the ivory.)

This is part of what I sold him. I am positive of it. It is very remarkable.

WILLIAM ROLFE sworn.

I am partner with Mr. Culliford. The prisoner was our porter . He never brought the large piece of ivory to our shop in Fountain-court. I am sure it is our property. The value of the ivory is about 3 s. 6 d. per pound. We did not make any enquiry about it.

To Mr. Fontenoy. What is the large piece worth? - About 40 s.

PRISONER's DEFENCE.

I am innocent of it.

GUILTY .

Tried by the London Jury before Mr. Justice ASHURST.

[Transportation. See summary.]

Reference Number: t17890114-8

105. JAMES LAMB and JOHN KING were indicted for stealing, on the 26th of December, five saddles, value 10 l. and six bridles, value 5 l. the property of James Green .

JAMES GREEN sworn.

I am a dealer in horses . On the 26th of December last, I lost five saddles, and six bridles; they were in the window, the frame of which was taken out.

DAVID WATSON sworn.

I am a saddler. These three saddles were offered me for sale; one was my own make, I knew. They were offered by King, the prisoner. I do not know the other. Six bridles were offered with the saddles. I told Lovell, the baker, for whom I had made one of the saddles. I informed Justice Wilmot, and obtained an order to search a place in Plow-yard. I was afterwards informed by another man, such articles were there to be sold, and King was in the room then, and offered them for sale. I went afterwards with one Mr. Green, to whom a part of the property belonged, and who had got a search-warrant; and we found part of the property which is now in court, at this apartment. The things have never been out of my possession. I do not know how they came there.

JOHN HARLOW sworn.

The prisoner, Lamb's brother, came and took this little tenement of me. I have been there several times, and seen the prisoner there with his brother. I took the prisoner, Lamb, at a publick-house. I could not find his brother. Nothing was said to him; but he begged he might not be sent to goal, and he would tell where the things were; only a part were found; he said they were at a fence in Wentworth-street, but did not know the house;

(Produced. That part deposed to by Watson, which was found in Plow-yard; and James Green particularly deposed to an old bridle which King offered for sale, but which was of little or no value.)

and several of the other things were deposed to by Green.

PRISONER LAMB's DEFENCE.

I told what I knew of the saddles, on Mr. Green's promise that I should not go to goal. The place was not mine. I did not take the saddles; I saw them there, and asked my brother what they did there, and he said it was no business of mine.

PRISONER KING's DEFENCE.

I know nothing of it.

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

JAMES LAMB , NOT GUILTY .

JOHN KING , GUILTY .

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

[Transportation. See summary.]

Reference Number: t17890114-9

106. SARAH ACTON was indicted for stealing, on the 31st of December last, ten live sucking pigs, price 20 s. the property of Simon Shearman .

The pigs were found by Samuel Harper , the officer, under the prisoner's bed, very soon after the robbery.

Prisoner. It is not my room; a woman brought them while I was out.

GUILTY .

Tried by the second Middlesex Jury before Mr. ROSE.

[Transportation. See summary.]

Reference Number: t17890114-10

107. WILLIAM BRETCHER was indicted for stealing, on the 11th of December last, a tenant saw, value 2 s. the property of William Barret .

The prisoner was taken by the watchman with a saw tied up in a handkerchief under his arm; he said he was taking it home, for the building was robbed the other night, and the men were forced to buy new saws, which obliged him to carry them home lest they should be stole again.

Prisoner. I was coming home late, and two men met me, and gave me this saw, and told me to say I was going to Mr. Nash's, in Austin Fryers.

GUILTY .

Tried by the second Middlesex Jury before Mr. ROSE.

[Transportation. See summary.]

Reference Number: t17890114-11

108. JOHN CAMERON was indicted for stealing, on the 20th of December last, one pair of leather breeches, value 12 s. the property of William Berks .

The breeches being laid in the indictment to be the property of William Berks , instead of Nathaniel Whitehead , the prisoner was ACQUITTED .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17890114-12

109. JOHN ALLSO was indicted for stealing, on the 26th of December , one haunch of doe venison, value 15 s. the property of Mary Walker , widow , and Timothy Morthey .

The prisoner was seen by Elizabeth Heskin (a servant at the White Hart Tavern in Holborn ,) takingt he venison from off a hook, and bringing it towards the house; then he turned, and went off with it: she gave information, and he was immediately pursued, and taken with it under his coat.

Prisoner. I wanted to send it a present to my father in the country, and I was taking it to the poulterer's to get it weighed, and then intended to bring it back and pay for it.

GUILTY .

Whipped .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17890114-13

110. JAMES BISHOP was indicted for stealing, on the 2d. of January , a linen sheet, value 4 s. the property of Jesse Grainger .

The prisoner was taken with the sheet upon him.

GUILTY .

Whipped .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17890114-14

111. THOMAS MURRAY was indicted for stealing, on the 1st of January last, nine shirts, value 18 s. and nineteen shifts, value 40 s. the property of Thomas Herbert .

The prosecutor's wife had been washing, and left the things on the kitchen table; presently after, on her going out of the kitchen, she missed the linen; and upon the step of her door she found one shirt and one shift; and very soon after, the prisoner was stopped in Long Alley, by Mr. Harper, with a shirt and a shift in the bib of his apron, which were wet, and were part of those the prosecutrix had lost.

Prisoner. I found them.

GUILTY .

Tried by the second Middlesex Jury before Mr. ROSE.

[Transportation. See summary.]

Reference Number: t17890114-15

112. GEORGE DREW was indicted for stealing on the 18th January , 100 lb. weight of lead, value 8 s. the property of Thomas Simpson , affixed to a certain building of his , against the statute.

JOHN WHISKER sworn.

I am a patrole. I heard some people on this building, and I stopped a little while, and I heard them say now. I drew my cutlass, and took two of them into custody. The lead was on the ground, in the passage, and the two men were close by the lead. I called to my partners, but they did not hear me; and the two men refused to stay, and the prisoner came up at me with a stick in his hand. I said, you rascal keep away, or I will do for you, for I know you well. He then began to strike, and I was obliged to let the man go, and him too. They all ran away. I took the lead to the watch-house. I went in pursuit of the prisoner, knowing him: we knocked at his landlord's door, and I heard somebody frisk down. I took the prisoner before four o'clock; when I laid hold of the other two men, one or two others rushed away, when I heard somebody say now, I heard a great noise, and I suppose the lead fell.

JAMES SADLER sworn.

I assisted in taking the prisoner.

THOMAS BOWDEN sworn.

I fitted the lead to the place.

Prisoner. I went to assist the two men, seeing them in custody, by their desire, to rescue them. I was in liquor.

GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

[Transportation. See summary.]

Reference Number: t17890114-16

113. MARY THORPE was indicted for stealing, on the 10th of December last, a scarlet cloak, value 5 s. a gown, value 5 s. three aprons, value 2 s. sixteen handkerchiefs, value 4 s. a silk bonnet, value 2 s. a gown and coat, value 5 s. two yards of thread lace, value 2 s. a woollen apron, value 6 d. and a cotton apron, value 6 d. the property of Thomas Marchant .

The prisoner lived servant with the prosecutor; and after she had been there seven days, she absconded, and was taken afterwards, with the things upon her.

GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

[Transportation. See summary.]

Reference Number: t17890114-17

114. JOHN DEARMAN and JANE WALTERS were indicted for stealing, on the 12th day of November , a silver watch, value 20 s. a leather bag, value 1 d. and half a guinea, and five shillings, in monies numbered , the property of - Brewer .

- BREWER sworn.

On the 12th of November, between nine and ten, coming along Ratcliffe-highway , the prisoner Walters stopped me, and asked me to give her some gin. She took me to her lodgings; I gave her some money to get it, and I fell asleep. I was awaked by her trying to get a ring off my finger; and she then said, here is the gin, do you chuse to drink? and I drank some, and asked her to shew me the way out to the street; and she ran across the road, and left me; then I missed my watch, and my leather bag, in which I had my money; there was half a guinea, and some silver; and after that I could not find her. I went to the watch-house, and gave information; and the watchman went out, and soon after brought in the two prisoners; my watch was brought back by the watchman. I was in liquor; I had been drinking from two o'clock that day, and it was then between nine and ten. I had not looked at my watch after I went into the woman's apartments; I saw it about half an hour before. The watch was in my fob, and the leather bag in my left-hand breeches pocket: if she took them, it must be when I was asleep.

RICHARD JOHNSON sworn.

The prosecutor came to the watch-house, and said he had been robbed of his watch and money; he was a good deal in liquor. I went upon information to the prisoner Walters's lodgings, and I found the prisoner Dearman with her. I told him they must go to the watch-house, and then I heard something fall, and then I saw the watch lie at Dearman's feet. The woman said she had just picked up the young man in the street; and when the watchman came to the door, she gave him the watch to hold. I found in her pocket half a guinea, four shillings, and six sixpences; going back again, I found this leather case, which the prosecutor owned.

Prisoner Dearman. I know nothing of it.

Prisoner Walters. The young man went home with me; and while he sat drinking by the closet door, I suppose the watch dropped from him.

JOHN DEARMAN , NOT GUILTY .

JANE WALTERS , GUILTY .

Tried by the second Middlesex Jury, before Mr. RECORDER.

[Transportation. See summary.]

Reference Number: t17890114-18

115. WILLIAM GLOVER was indicted for feloniously returning from transportation, and being found at large without any lawful cause , on the 27th of December last.

(The indictment examined with the record.)

JOHN PARROT sworn.

On the 11th of December last, I was gathering pots in High-street, Marybone , in the evening, about ten minutes after five. I left some pots just by the rail, and I came and enquired if the lad of another house had took them. I saw the prisoner at the bar look first at one door, and then at another; I saw the prisoner at the bar take a pot, and throw his handkerchief over it; I asked him what he was going to do with it, he said he was going to get milk in it; I said I'd tell him about milk; I then laid hold of him, and took the pot from him, and a quart pot from under his coat; and there was another pot taken out of his pocket. I got assistance, and he was taken to Lichfield-street, and committed.

JOHN OWEN sworn.

I know the prisoner at the bar, his name is William Glover ; he was tried here with

one William Starkey , in 1787; he was ordered for transportation for seven years, and Starkey was acquitted; it was for robbing one William Welsh . He must have escaped from the hulks, at Woolwich.

PRISONER's DEFENCE.

My Lord, I wish to give the Court as little trouble as possible; I leave it to their mercy. I have a wife and three children; I heard they were starving; I ran away to assist them. I beg hard for my life.

GUILTY , Death .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17890114-19

116. WILLIAM EVERSALL and JOHN HATHAWAY were indicted for feloniously assaulting William Harfield on the King's Highway, on the 14th of December , and putting him in fear, and feloniously taking from his person, and against his will, one shilling, his money .

WILLIAM HARFIELD sworn.

On the 14th of December, on Sunday night, about half past five in the afternoon, on Ball's Pond Road , I was going to Newington Green; just about half past the way, on the road, I met the two prisoners; one of them put a tuck stick to my breast, and cried, stop; the other laid hold of my left-shoulder; I could not see his face. I said, Gentlemen, don't go to hurt me, I hope you won't hurt me; I am a poor man, like yourselves. The man with the tuck said, don't make any hesitation at all, or I'll run you through instantly. Then I pulled out what trifle I had, it was but a shilling, and the man that had hold of me by the shoulder took it out of my hand, and the other d - mn'd me, and bid me go along. I went on as far as Ball's Pond Turnpike, and there I met Sir Sampson Wright 's men, the patrols, and I gave them information directly. I know the man that put the tuck to my breast; the outside one is the man. It was a moon-light night; it was close by a hedge; I had an opportunity of seeing his face by the light of the moon. He kept the tuck stick opposite to me, and swore he'd run it into me. I had notice of their being taken last Monday week: I saw them at Bow-street; they were shewn to me as the two men that were taken up. I knew the face of the outside prisoner, Hathaway, directly; they did not shew me any body; I said, directly, this is the man that robbed me. There is a deal of difference between their conditions now, and when they robbed me; for they were both in sailors dress. I will not positively swear now to either.

JOHN JONES sworn.

On the 14th of December we came up with the prosecutor, who informed us he had been robbed by two men in sailors habits, and a tuck stick; we looked about for them in the public houses about Holloway, and we could not find them. On Sunday week afterwards, we met two men, in sailors dress; with this tuck stick, by the Shepherd and Shepherdess Fields. We took them in custody, and took the stick from them.

Court to prosecutor. Had you any opportunity of particularly observing this stick? - It was a knife-blade, or a razor, and sharped off; it had several knots on it. That is the stick I had hold of; I am sure that is the stick.

Mr. Peatt, prisoner's council. Was you ever in Exeter 'Change? - Not these three years.

Have you been through Fleet-street lately? - No.

Have you been down Snow-hill? - I very seldom walk about.

Perhaps you never saw a stick-shop in your life? - I never saw such a stick as that, with a tuck in it. It was a yellow stick, with a blade; I have no doubt but it is the stick.

Prisoner Hathaway. I bought the stick

at Portsmouth; I gave 3 s. 6 d. for it there. I was just come from my lodgings to get a shirt, last Sunday night was a week, and the runners took me up.

The prisoner Hathaway called six witnesses; who gave him a very good character.

BOTH NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17890114-20

117. JAMES NEWTH was indicted for stealing, on the 5th of January , a cloth coat, value 1 l. 6 s. the property of Thomas Nicholls .

JAMES FERGUSON sworn.

I am servant to the prosecutor. In the afternoon of the 5th of January last, I was told by a neighbour, that there had been a coat taken from Mr. Nicholls's door, which hung for sale. Mr. Nicholls is a salesman , the corner of Fell street, in Ratcliff-highway . I pursued the prisoner down the highway, and charged him with stealing the coat. I saw another man running down the street; I left the prisoner, and ran after him; he dropped the coat, I took it up, and he run away, and I secured the prisoner.

(The coat produced.)

It is my master's property; it hung at the door just before.

SAMUEL STONE sworn.

On the 5th of January, between eight and nine, I saw the prisoner take the coat from Mr. Nicholls's door, and go off with if. I immediately gave information to Mr. Ferguson, and we pursued the prisoner: he walked an ordinary pace till he perceived he was pursued, then he began to run. There was no alarm till I took him. I did not see him shift the coat to another man. I am positive he is the man; I know the whole gang of them.

PRISONER's DEFENCE.

Four or five lads run before me with a coat, and this man took me.

GUILTY .

Jury. My Lord, if there could be any lenity shewn to the prisoner, we should be glad.

Court. So should I: but the business is, to see whether he deserves any. I shall be ready to shew him some, if he brings any person of reputation to vouch for him; in which case, I shall desire him to be favourably dealt with.

Tried by the second Middlesex Jury before the LORD CHIEF BARON.

[Whipping. See summary.]

Reference Number: t17890114-21

118. AQUILA COLE was indicted for stealing, on the 6th of January , a silver watch, value 40 s. a steel chain, value 6 d. and a seal, value 2 d. the property of Charles Cope .

CHARLES COPE sworn.

On the 6th of January, I lost my watch, between twelve and one at night. I was coming home, and I fell down, near to my master's door. I had been in the city. My master's name is Minees; he lives in the Strand , opposite to Bedford-street. The prisoner came up, and took my watch while I was down. My foot had slipped against the kerb, which occasioned me to fall down. When the prisoner had taken my watch, I got up immediately, and pursued him; I caught him by the flap of his coat, at the corner of Buckingham-street. I called the watch three times; and during that time the prisoner threw me down twice, and strove to get away. The watchman came up to my assistance, and he was then secured, and taken to the watch-house. The watch was found, the next morning, in an area, the corner of Buckingham-street, by the maid-servant, about eleven o'clock. I am sure the prisoner

is the man that took my watch; I saw him take it out of my pocket.

Court. Was you drunk or sober? - I was not quite sober.

Cross-examined by Mr. Silvester.

On your oath, Sir, was not you excessively drunk? - I was not: I had been drinking too much.

You say your foot slipped, and you fell, near to your master's door? - Yes.

Then you must have tumbled down forwards? - No, I rolled on my back.

Did not two gentlemen come up just at the time you had got hold of the defendant at the bar, and was accusing him of having robbed you of your watch? - No, not till the watchman came up.

Did not two gentlemen come up to you, and say, young man, mind what you are about; you are very much intoxicated with liquor? - I saw nobody but the prisoner till the watchman came up.

How long had you been laying on the ground before the prisoner came up to you? - About a minute and a half.

Court. Does a sober man, when he falls, lie a minute and a half on the ground? - If I chose to lay there, I might.

Mr. Silvester. I hope your lordship will take notice of his answer.

Did not you ask the watch-house-keeper, the next morning, to shew you the person you had charged the over-night? - No, I did not.

Did not you say you should not know him again? - I did not say any such thing.

On your oath, when you charged the prisoner, did not two gentlemen come up to you, and say, they had watched the prisoner, and that he did not meddle with you? - No, they did not; they came up, and went on, and I followed them to Buckingham-street.

You advertised this watch afterwards? - I did.

The prisoner advertised it likewise, in the same paper, offering a reward of five guineas? - I did not see the advertisement.

Do not you know that that advertisement stood next to your own, in the same paper? - I don't know; I did not look at the advertisement.

(The advertisement put in by the prosecutor, and the advertisement put in by the prisoner, read from the Daily Advertiser.)

You was not cautioned you say, by any body, to be careful, and mind what you was about, on account of your being so excessive drunk? - No, I was not.

You was not sober the next morning, when you went before the magistrate? - Yes, I was.

You told Sir. Sampson Wright that the man was taken opposite to your master's? - No, I did not.

JOSHUA COOPER sworn.

I am a watchman. About half past twelve, on the evening of the 6th of January, coming up Charles-court, I heard the cry of Watch! twice. When I came up, Cope gave me charge of the prisoner. It was near Buckingham-street, at the corner; Cope had him by the flap of his coat. Cope said he had robbed him of his watch; I said, mind what you are about, be cautious, this is a street robbery. Two gentlemen came up, and asked what was the matter: they said they would not go with such a drunken fellow to the watch-house; I said he need not be afraid to go, if he had done nothing amiss. We conducted him there.

Was not Cope very much in liquor? - Not very much; he had drank a little too much, and he was a little sick in the watch-house. I heard that the watch was found the next morning, in Buckingham-street, down in the area.

Jury. Was he very much in liquor? - He was in liquor, but he knew what he said; and he said the same the next morning, before the magistrate.

MARY WILSON sworn.

I live at Mr. Bond's, the hosier's, No. 39, in the Strand, the corner of Buckingham-street.

On the 7th of January, about eleven o'clock in the morning, I found this watch in our area; it is the corner, nearest this place; I gave it to Mr. Battersby. It is in the same condition; the glass is not broke, nor the watch bruised.

- BATTERSBY sworn.

(Looks at the watch.)

It is in the same state as when I received it from the last witness. The area is about four feet down, there is snow and dirt there. The iron bars of the area support the shop window; they are pretty close; I hardly know whether a watch will go through at the bottom. It is the shop window nearest to Temple-bar; the irons extend no farther than the kitchen window.

For the prisoner.

THOMAS CASTLE sworn.

I am a master butcher, in Leadenhall-market. I know the prisoner Cole very well; he has been a butcher . On the night of the robbery he supped with me, and some more friends, at my house. He left my house at about twelve o'clock that night; he had a gun he took home with him; he lives at Westminster.

JAMES HARRISON sworn.

I am a timber-merchant; I live at Cuper's-bridge, Lambeth. I was walking home, on Twelfth-Night, with Mr. Wheeler; we had been at the Bolt-in-Tun, in Fleet-street. At the end of Southampton-street the prisoner passed us with a gun on his shoulder; he walked faster than us. When we came to the end of Bedford-street, a man had hold of him by the flap of his coat, and said he had robbed him of his watch; it was by the pillars of Coutt's, the banker's door. The instant we came up, the watchman came up, and he was charged; the watchman rang his rattle, and another came up; the prisoner did not offer to run, as I saw. They went to the watch-house; they crossed the road, and went on the right-hand side, and turned up Church-court. They crossed directly opposite to Coutt's door; I followed close behind. The prisoner did not offer to make the least resistance, or to make use of his gun; he went very quietly. The prosecutor was very drunk, excessively so; he belched in the room, and was ready to be sick. When I first came up, he was not on the ground. I am not clear whether the prisoner, after we first met him, had got out of sight, or not; it could not have been above two or three hundred yards.

JAMES WHEELER sworn.

I am clerk to Mr. Holyland, a merchant, by Queenhithe.

(Deposed to the same effect as the last witness.)

JOHN SHEPHERD sworn.

I am deputy high-constable. I was at the watch-house that night. I remember the prisoner being brought in. The prosecutor was so excessively drunk, he could hardly give his charge: he could not write his name; instead of writing

' Charles Cope ,' he wrote

'Cope Charles.' He fell a crying and puking; he was so bad, I was glad to get out of the watch-house.

Prisoner's council. My Lord, I have a dozen more witnesses, to prove that the prosecutor was very drunk.

Court. There is no occasion for that.

(The prisoner's council called William Corderoy and William Dickins , who both gave him a very good character.)

Jury. There is no occasion for any more witnesses to character.

Court to Cooper. Have you heard the evidence that these two men have given? - I have.

What do you say to it? - When I came up to the corner of Buckingham-street, I took him. The gentleman, Mr. Harrison, said, before Sir Sampson, that I took him up Bedford-street; but I took him the corner of Buckingham-street, and we went down the Strand till we came to the end of Church-court. He went back to see if he could find the watch in the street; he never came nigh us any more, till he came down, and went back with us to the watch-house. He came out of Round-court, directly opposite where the man was, in Buckingham street; he came across to us.

- JONES sworn.

I was before Sir Sampson the first time this young man, the prisoner, was examined.

Where did the watchman, Cooper, then say he took the prisoner? - Why, he said, to the best of my recollection, he was not there at the first time. He could not say directly where; but it was at one corner or the other of Buckingham-street. In the first place, I believe he mentioned George-court.

Court (reading the information.) He himself was coming up Charles-court? - He mentioned, first, that it was opposite the end of George-court.

Court to Cooper. What court was you coming up, when you heard the cry of Watch? - I was coming up Charles-court. I heard the cry of Watch, twice; and I thought it was somebody called Coach.

Court. The other watchman does not attend here; nor was he examined before the Justice.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17890114-22

119. BENJAMIN BIRD was indicted for stealing, on the 14th of January , two - chain ropes, value 10 s. the property of Almon Hill and Robert Mellish .

The prisoner was found in the warehouse, having moved the chain ropes, which had been cut asunder. Several picklock-keys were found near him.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17890114-23

120. ANTHONY CAIRNES was indicted for stealing, on the 20th of December last, twenty hempen sacks, value 30 s. the property of William Page and Edward Page .

Nobody attending to prove the property, the prisoner was ACQUITTED .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17890114-24

121. JAMES GRACE and JOSEPH WALKER were indicted, for that they on the 19th of December last, one piece of base coin, resembling the current silver coin of this realm, called a shilling, falsely and deceitfully, feloniously and traiterously, did colour, with materials producing the colour of silver .

A second Count. For that they, one round blank of base metal, of a fit size and figure to be coined into a shilling, did as aforesaid, against the duty of their allegiance and against the statute.

(The witnesses examined separate.)

(The Case opened by Mr. Silvester.)

JOHN ARMSTRONG sworn.

I am an officer belonging to Mr. Wilmot's. I had a warrant against the prisoner, Walker, for an assault. On the 19th of December, I went to Leg-alley, Shoreditch . I went up one pair of stairs, and tried the latch of the door: it was fast locked seemingly. I knocked at the door, and a voice answered in the room, Who is there? I said it was Armstrong; and in a minute the door was unlocked; there was a little sort of jingling as appeared to me, to my ear, while I was on the landing-place: when I came into the room, the prisoner, Walker, was sitting on a chair by the fire, and Grace by the side of him; there was in the room a woman and a girl besides. I then acquainted the prisoner, Walker, I had a warrant against him for an assault, I smelt an odd kind of smell in the room; and I asked Walker when it would suit him to come to the office; he said to-morrow, at eleven. I left the prisoners in the room, and ran back to the office as fast as I could; when I came there, I found Harper and Shakeshaft; we returned to the room as soon as we could; we went up stairs as softly as we could; the door was on the latch; I lifted it up softly, and in we all three went to the room; I says, there is the money in the chair; at that time, Grace, the prisoner,

was by the side of Walker, and he moved his hand by his side; and at that time, some base pieces fell from his hand. There was some money in the chair; and as Walker got up, some fell from his lap; it was picked up, and here it is; ten pieces. Here is a piece of black stuff, I do not know the name of it. Some of these pieces were on the chair, and some fell from his lap; but in securing the prisoner, it was all mixt together; that that was in the chair, and that that fell on the ground.

Did you take up that money which you saw fall from Grace, when you got into the room? - Mr. Shakeshaft picked up that; the other officer picked up some other things; the two prisoners and the woman were taken before the magistrate; the child was discharged. I found 12 s. but one by accident has been melted; this one was part of them that were on the ground. It was tried on a shovel this morning, and was made the colour of brass; it was then put by Mr. Vines into some aqua-fortis; he made it boil, and afterwards rubbed it with a little sand; and it then turned as white as ever. I saw nothing else; but the ashes appeared to be wet; with what I cannot tell. Grace Humphries , the woman, was washing in the room at the time.

Mr. Keys, prisoner's counsel. You saw no aqua-fortis in the room? - No.

JAMES SHAKESHAFT sworn.

I went with the other officers. We went up the stairs softly. Armstrong got to the door; he tried the door; he rather looked back. The door was opened, and we all rushed in, in a moment; Walker was sitting down by the fire, and Grace was standing up; and Armstrong said, there is the money in the chair; Walker got up, and as he got up, some of the money fell down on the floor; Grace had some in his hands, which he threw away; this, I believe to be the money he threw away. I found it wide from the other, in the way that he threw it. When I went down to fetch the woman, I found this bottle; I smelt the bottle, and I smelt a sulphurous smell. I knew the smell of aqua-fortis very well; I am certain, on my oath, there had been aqua-fortis in it.

Jury. Was there any cork in it? - None. It had been rinsed out; and I put it at my nose, and it burnt the end of my nose; I afterwards gave it to Armstrong to smell. It had been rinsed with water. The woman was washing close by the fire. There had been a bit of string round the neck of it, and it pulled to pieces like tinder.

Mr. Keys. Is it now in the state you found it? - There were some little drainings in it.

In what part of the room was the woman washing? - Quite close by them; by the fire side.

SAMUEL HARPER sworn.

I went along with the other officers. I found Grace and Walker by the fire; Walker was sitting down, and Grace was standing up; when Walker got up, I saw some money fall from him, and in the chair where he sat, I saw some other money. I found this sand paper, and a bit of black stuff in the cupboard.

Mr. Keys. There were no pieces found in the room uncoloured? - None, that I know of.

ALICE HUMPHRIES sworn.

I know the two prisoners. I was at their lodgings.

What were they doing? - James Grace came up in the morning, and asked Walker if he would go and get some things; and they went down and got sixteen of them.

Court. What do you mean by sixteen of them? - Sixteen shillings.

Were they like shillings? - Yes; they were white the same as shillings. Then he put them on the table; Joe Walker went down with something, and he came up again, and brought something in a bottle. I cannot take upon me to say that I heard him say what it was.

Recollect, because you know you have

been examined before, and what you said was put down before? - It was some liquid, but what, I cannot take upon me to say.

Do not you know what it was? - No. I thought I heard Walker say it was aqua-fortis; but I cannot take upon myself to say so, on my oath.

Did you ever say so? - I believe I did say so.

Do you say you had a doubt when you was examined before? - Yes, Sir; I thought I heard him say to Grace, here is the aqua-fortis. I did not see him do and thing with it. They went to the fire and sat down, and took them into their hand; and they had a little black stuff, or something in their hand; but I did not see them do any thing with it.

What did they do with what was in this bottle? - I don't know; I believe they poured it out in a bason. I was washing at the window; I did not see them do any thing more.

What became of it? - Something in a bason was chucked under the grate.

Then while you was washing, you did not observe them do any thing? - No, I did not; they were behind me.

Did you hear them say any thing? - I heard Grace say, were they a good colour; and Walker said, yes.

What was a colour? - I did not understand what they meant; I believe it was the money.

What is the use of this black? - I do not know.

Mr. Keys. What are you, Alice Humphries ? - I am a misfortunate person.

And have been so a long time? - No, not a great while.

Some years? - No, I have not. I have a sister and my mother to keep besides myself.

This was your lodging? - Yes.

Then it was not the lodging of one of the prisoners? - Yes; Walker did dwell with me.

Did not you take the lodging? - Yes.

Then it was your lodging, was it not? - Yes.

I believe you had a quarrel with Walker some little time ago? - No; no quarrel.

Why, did not you take him up with a warrant? - Yes; that is three months ago. That was for beating of me.

You say there was no money coloured, that you saw, in the room? - None, that I saw.

They were all white, that you saw? - Yes; when he came and laid them on the table.

How many times did you attend before the Justice? - Four or five.

Was you always in the same story before the Justice? - I cannot recollect; I think I was.

Was you and Walker confined in the same room at any time after you were taken up? - Yes.

You was taken up first as a party concerned in this business? - Yes.

Afterwards admitted an evidence? - Yes.

After you was taken up, was you and Walker confined in the same room at any time? - No.

Have not you had a conversation with Walker since he was taken up? - No.

Did not you tell him, that you was compelled to say something against him, and threatened if you did not? - Yes; I said I must tell the truth.

Did not you say you was threatened to say what you should say? - I did say, one told me one story, and another told me another story. One told me I should be hanged, and another, I should be burnt. Several told me so.

Mr. Silvester. Do you mean to say, that what you have said now, and said at the Justice's, is not truth? - What I have said now, is the truth.

Prisoner, Walker. Did not you say, that Armstrong threatned you, with a stick to your head, when he was left with you in the room, if you did not say so? - They told me I should be hanged and burnt, if I did

not say so; they did not hold a stick up to my head.

Did you tell Walker so? - I do not know whether I did or no; I may have said so.

Court. When the liquor; whatever it was, was poured into the bason, what was done with it afterwards? - I did not see; I believe it was thrown under the grate.

Do you know whether the money was or was not put into the bason? - I cannot take upon me to say.

Prisoner, Walker. Please to ask her, whether she has not now a person under sentence of transportation that cohabited with her? The woman is of a very foul character; her evidence is hardly worth taking.

Court. I think you had better ask Armstrong that.

Mr. Silvester to Armstrong. You hear what he says, that this woman has been in custody for other crimes before, and that a person she cohabited with is now under sentence of transportation? - I apprehended her upon a charge, and she was discharged before the magistrate, without fee or reward on my part; and Mr. Vernon himself took this examination. I then said to him, in the face of the magistrate, before this woman; Sir, says I, I asked her if any one officer has said one word to her; I beg, Sir, that you, as a gentleman, will do that; and it was put to her, and she said No.

THOMAS BROWN sworn.

I am a chymist. I know both the prisoners by sight. I have sold Walker aqua-fortis once or twice, some time past. I never sold any to Grace.

Do you know the use of it? - It is used for different things.

Did you learn from them what the use was? - I believe Walker mentioned, the first time he came, that he was liable to take bad silver, and it was to try the silver, whether it was good or bad.

Was it this kind of bottle? - I cannot pretend to say.

Mr. Keys. Then aqua-fortis may be applied to know whether money is good or bad? - We make use of it daily for that.

Mr. Silvester. By what process could you distinguish it? - If it is bad, it turns green on the surface, and if it is good, it turns black.

Do you mean to say now, as a chymist, that aqua-fortis turns brass green? - Yes.

SAMUEL VINES sworn.

I am a partner with Mr. Vernon, the Sollicitor for the Mint. I tried this piece. I burnt it black, and took it out, and put it into cold water and rubbed it with sand; that turns it to this colour; and this black stuff deadens the white, which makes it look like old money. We put it into aqua-fortis, that makes it black; then it is rubbed with sand, that makes it too white to pass; and then that white is deadened by the blacking. Here is one I tried. I restored it to the brass colour, then I put it into aqua-fortis, and afterwards in water; then I rubbed it with sand, and then I rubbed it with that black stuff.

- FLETCHER sworn.

I am one of the moniers of the mint.

(Looks at the shillings.)

They are all bad; I know it from the coppery appearance. They all base metal.

PRISONER GRACE's DEFENCE.

I was at a publick-house along with Mrs. Humphries. She told me she had a coat to pledge, and asked me to carry it: while I was up in the room, Armstrong came up, and said he had a warrant against Walker; Walker begged of him to put it off; Armstrong was gone down about five minutes. I stood by the side of Walker, and they all rushed in. We were doing nothing.

PRISONER WALKER's DEFENCE.

I never knew any thing of the kind, nor never was present at it; nor do I know who brought it into her apartment.

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

The Jury retired for some time, and returned with a verdict,

JAMES GRACE , GUILTY , Death .

JOSEPH WALKER , GUILTY, Death.

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

Reference Number: t17890114-25

122. SARAH BAKER was indicted for stealing, on the 22d of December , one silver watch, value 3 l. the property of John Blare .

The prosecutor went home with the prisoner, and not liking the place, was coming away again; and on the prisoner's asking him what it was o'clock, he pulled out his watch, which she instantly tore from him, and ran away with it.

Prisoner. I never saw any thing of the property: he used me very ill.

GUILTY .

Imprisoned six months .

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

Reference Number: t17890114-26

123. ALLEN CAMERON was indicted for stealing, on the 22d day of December , one looking-glass in a wooden frame, value 7 s. the property of Richard Watts .

NOT GUILTY .

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

Reference Number: t17890114-27

124. ESTHER BRENTON was indicted for stealing, on the 24th of November last, one bombazeen gown and petticoat, value 6 s. one flannel bed gown, value 12 d. one pair of cotton stockings, value 12 d. and two muslin neck, handkerchiefs, value 2 s. the property of James Palmer .

The prisoner looked after the prosecutor's house in his wife's absence, and pawned the things, which were produced by the pawnbroker, and deposed to.

GUILTY .

Imprisoned Six Months .

Tried by the second Middlesex Jury, before Mr. RECORDER.

Reference Number: t17890114-28

125. WILLIAM SIMS was indicted for stealing, on the 14th of January last, one lamp glass, value 2 s. the property of Thomas Maisonneuve .

D. Tarling saw the prisoner take one of the lamps out of the iron.

GUILTY .

Whipped .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17890114-29

126. JAMES DAWES was indicted for feloniously assaulting John Bellingham , Esq . on the King's highway, on the 2d of December last, and putting him in fear and danger of his life, and feloniously taking from his person, and against his will, a gold watch, value 20 l. a gold watch-chain, value 5 l. two cornelian seals, set in gold, value 5 s. and a silk purse, value 1 s. and twenty-three guineas, his property .

(The case opened by Mr. Silvester.)

(The witnesses examined apart.)

JOHN BELLINGHAM , Esq. sworn.

On the 2d of last month, in the evening, I was standing in the pit-passage leading to Drury Lane play-house ; it was about a

quarter after five, just before the doors were opened; the prisoner came close to my right-hand, and another person, who I suppose to be an accomplice, on the left; and just as the door was opening or opened, they pressed exceeding hard upon me; they pressed me so hard, that my arms were fixed, that I could not make use of them; I felt a hand at my right fob, and another at my left hand breeches pocket; I endeavoured to get my hand down, but was in such a situation, pressed by them and the crowd that was about me, that I could not do it; and some one came behind me at the same time, and knocked my hat over my face; and making an effort to save my hat, my watch and purse was gone; I then cried out, that I was robbed, and Mr. Macmanus, who was by, came to my assistance, and seized the prisoner, and brought him to Bow-street. I have my watch now; it is here.

(Produces it.)

It was returned to me on Sunday the 7th of December, about twelve. There were twenty-three guineas in my purse.

Court. That was five days after.

Mr. Schoen, prisoner's counsel. This was at the pit-door of Drury-lane? - Yes; in the passage, some time after five.

That place is not very light, of course? - It was light enough.

I take it for granted, it was very much crouded? - Very much crouded.

Did it occur to you, to see any lady near the prisoner at the time? - No, I did not; I do not recollect in particular; I believe there were women there.

Can you, in the middle of this croud, take upon you to say, that the prisoner was absolutely the next person to you? - I can, for this reason; because he spoke to me; and while he was pressing against me, he told me there would be a great croud, and that we had better edge towards the door.

It did not occur to you, perhaps, to see this circumstance. You did not see him speak to any lady there? - I do not recollect.

Did you hear any lady next him ask what o'clock it was? - I cannot recollect.

Did you see him pull out his own watch, to tell any lady what it was o'clock? - No, he did not; I am sure he did not, while he was engaged with me.

I believe the prisoner was searched by Macmanus? - I believe he was.

Nothing was found upon him? - Nothing belonging to me.

You was before the magistrate? - I was.

You said there, I believe, very fairly, that you did not know that the prisoner was one that took your watch? - I could not swear positively that he took my watch.

Mr. Silvester. Are you enabled, from the observation, and the conversation that passed between you and the person next you, to say, whether the prisoner is the man that was next you, or not? - That is the man.

Court. Was this a night that Mrs. Siddons acted? - No, Sir; it was a night that Mrs. Farmer acted.

Mr. Schoen. I understood you, that at the time you lost your watch, was the exact moment when the pit-door was opened? - Yes.

Court. Were a number of people behind you? - There were; they were pressing to get forward.

I put the question to you directly; did it appear to you, before you felt the hand at your pocket, that the press was occasioned by the crowd of people, by endeavouring to get into the play-house? - Sir, before the door was opened, the prisoner and another man pressed very hard against me, one on each side of me; so hard, that my hands were raised up.

At the moment of the door opening, which naturally increases the press at that moment, did it, before you felt the hand at your pocket, occur to you any thing else than that the press was occasioned by the people crouding to get in? - I felt the hand at my pocket some time before the

door was opened, and I endeavoured to make way.

Did not it appear to you that the persons next you had other persons next to them, and pressing upon them? - A great number; but those two persons were so situated, I think it was impossible that any other persons could have done so.

Jury. Did you feel any blow on your head at the time your hat was pulled forward? - No. If you will give me leave to put my hat on, I will shew you.

Court. If you please, Sir.

(Puts on his hat.)

It was tumbled in this manner (throws it off, over his face); it was occasioned by some small force that was behind me; it occurred to me that it was on purpose.

PATRICK MACMANUS sworn.

I am an officer belonging to Bow-street. I was at the play-house the 2d of December. I know the prisoner; I was in the passage leading to the pit. The first thing that took my attention, was hearing the prosecutor crying out he was robbed; and I rushed forward to the place where he stood, and I found the prisoner at his right-hand, and the other man, Conolly, on the left. I caught them both in my hands. I said to a man, hold this fellow, for I see a watch in his hand; that was the prisoner. Now I will not swear that I saw a watch in his hand, but I swear I saw something like a watch-chain hanging down. When I laid hold of him, he immediately raised his hand; his hand was down before.

Court. His hand was shut, apparently with something in it? - Yes, in this manner. (Clenched.)

Mr. Silvester. Was any thing hanging down? - To the best of my knowledge there was; but I cannot say positively. I think, to the best of my knowledge, I saw part of a chain hanging down in his hand.

It is a very material fact for you to recollect? - I will not positively swear it.

First, did you see any thing at all hanging out of his hand? - I really think there was part of a chain hanging out of his hand.

Does your doubt apply to whether there was any thing, or whether it was a watch-chain; are you positive as to there being any thing in his hand? - I think I did see part of a watch-chain in his hand.

Are you sure you did? - I really think I did; I am very positive I saw something, but I will not swear it was a watch-chain.

Are you sure you saw something? - I am certain: when the gentleman laid hold of Conolly that was on my left-hand, he got away from him, and ran across; and whatever was in the prisoner's hand, he took it out, and ran away through the pitpassage, and got off. I saw him put his hand to the prisoner's hand, and take something out, and run away immediately; I cried, stop him, he has got the watch! and with that the prisoner at the bar pulled out his own watch immediately, and said, this is what I had in my hand - this is what I had in my hand.

Are you sure that was what the prisoner said? - I am sure of it. Then I took him to Bow-street, and the prosecutor went with us.

Jury. Do you think, at the time he took out his own watch, and said, this is what I had in my hand, that he had time to put that watch in his pocket again? - I cannot say.

You found nothing upon him but his own property? - Nothing belonging to Mr. Bellingham.

Mr. Schoen. This was about five in the evening, in the pit-passage? - It might be a quarter after, or twenty minutes.

There was a very great crowd? - There was a great crowd.

You rushed forward on this call, and seized two men? - Yes.

One of which made his escape, the other did not? - No.

You are pretty well known, Macmanus? - Yes.

A man could not at all be ignorant of

the cause of your seizing him? - Not in the least.

I take it for granted, that if a man's hand was down, the best thing he could do was to have dropped the watch? - I do not know, Sir. They know very well what to do in these cases.

Jury. I understood you, that when he held out his hand, you saw him give something to the hand of the other? - No, Sir; I saw the other put his hand to the prisoner; but I did not see any thing pass.

Mr. Schoen. You do not say that you saw any thing pass from the prisoner? - No.

And, in point of fact, you do no not know whether the prisoner might not put his hand into his pocket after? - I do not know what he did with his hand after.

Prisoner. When the prosecutor was before Mr. Bond, I asked him if he could say whether I took any thing from him; he said, no, he could not. I never offered to go from Macmanus. I was crouded as much as Mr. Bellingham was; and I did not rob him, any more than he robbed me.

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

GUILTY, Of stealing the goods and monies, but not violently from the person .

Tried by the first Middlesex Jury before Mr. RECORDER.

[Transportation. See summary.]

Reference Number: t17890114-30

127. MATTHEW MACDONALD was indicted for stealing, on the 24th of December last, a cloth jacket, value 14 s. the property of Issac Barnet .

ISAAC BARNET sworn.

I am a Jew; I keep a sale-shop in Ratcliffe-highway . I lost a blue cloth jacket, on the 24th of December; it was taken out of the shop at eleven at night. I saw the prisoner at the door before; and, all at once, I saw him open the half-hatch, and take off the jacket; he run down Shakespeare's Walk; I am sure it was him. The value is fourteen shillings. I caught him; he dropped the jacket; I saw him.

PRISONER's DEFENCE.

I was fetched away from America by the mate of a ship; and they have left me here, destitute of friends and money; and I never tasted a mouthful of victuals that day, nor the day before, only a roll in the morning. I have no place to go to.

GUILTY .

Privately whipped , and discharged.

Court to prisoner. If you were discharged, what can you do? - I can go to Mr. Howard's, in Rosemary-lane, till I get a ship. I will go right home.

N. B. The Jury, the Under-sheriff, and several of the audience, gave the prisoner money.

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

Reference Number: t17890114-31

128. JAMES M'CULLOCK was indicted for feloniously assaulting Charles Hazlegreen , on the King's highway, on the 10th of January , and putting him in fear, feloniously taking from his person, and against his will, one live pig, value 5 s. the property of John Carr .

NOT GUILTY .

Tried by the first Middlesex Jury before the LORD CHIEF BARON.

Reference Number: t17890114-32

129. SARAH PARSONS and ANN WOOLLY were indicted for stealing, on the 2d of January , one silver table-spoon, value 6 s. the property of Mary Prior .

BOTH NOT GUILTY .

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

Reference Number: t17890114-33

130. EDWARD FARRELL , and THOMAS WILLIAMS were indicted for stealing, on the 21st of December last, one cotton counterpane, value 6 d. the property of Ann Allen , widow .

Robert Hale saw the prisoner, Williams, hand the counterpane off the line to Farrel, who put it under his jacket; he pursued him, and took him with the property upon him.

(Produced, and deposed to.)

BOTH GUILTY .

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

[Transportation. See summary.]

Reference Number: t17890114-34

131. MARGARET DUNAVEN was indicted for stealing, on the 11th of January , two guineas, value 42 s. one half-guinea, value 10 s. 6 d. and five shillings, in monies numbered , the monies of James M'Carr .

The prosecutor catched the prisoner's hand in his pocket, and the money in her hand.

GUILTY .

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

Reference Number: t17890114-35

132. JOSEPH MANNING was indicted for stealing, on the 22d of December last, seventy yards of brown linen, value 40 s. the property of Richard Starey .

WILLIAM THRECKELD sworn.

I am servant to Mr. Starey, linen-draper , in Oxford-street . On Monday, the 22d of December, about two in the afternoon - there were two pieces of linen put out in the morning - a gentleman, about two, came and enquired if there were not two pieces put at the door; he was answered, yes: he said he would shew which way the person that took them went. There was then a piece missing; they were joining to the window, on the ground. We pursued and took the prisoner, running into Wardour-street out of Noel-street, with the linen on his shoulder: it was Mr. Starey's linen; it was the piece that was missed; we took it from him, and secured him.

JONATHAN FISK sworn.

On the 22d of December last, I was coming from the city towards Portman-square, in the neighbourhood of which I live. I saw the prisoner take this piece of linen, and lay it on his shoulder; I saw him turn into Noel-street, and I informed the people of the shop; and we went after him, and took him with the piece on his shoulder.

Prisoner. It was distress and necessity, by the severity of the weather, and being so very bad. I have been a gentleman's servant, and a waiter , and was in St. George's Hospital; then I took up selling gingerbread nuts, and the landlord threatened to turn me out.

Court. If you have hitherto borne the character of an honest man, you can satisfy me of that, by calling witnesses to your character.

Prisoner. My Lord, I do not know any creditable person; I have said about up and down St. Giles's, which is no place of any credit. I have lost my character for some time; I would not make myself more than I am. I hope you will have a little compassion.

Court. You must shew that you are in some sort worthy of it.

GUILTY .

Tried by the second Middlesex Jury before the LORD CHIEF BARON.

[Transportation. See summary.]

Reference Number: t17890114-36

133. FRANCES FIELDING was indicted for stealing, on the 5th of January , two gowns, value 10 s. two flat-irons,

value 2 s. and a cotton handkerchief, value 1 s. the property of Ann Sidebotham .

The prosecutrix stopped the prisoner coming out of her house with the things.

GUILTY , privately.

Whipped , and imprisoned six months .

Tried by the London Jury before the LORD CHIEF BARON.

Reference Number: t17890114-37

134. GREGORY HUGHES was indicted for stealing, on the 14th of September , 10 lb. weight of lead, value 18 d. belonging to Sarah Hall , and affixed to her dwelling-house .

Ann Green , who lodged in the house, met the prisoner with the lead, who was another lodger; he afterwards confessed taking it.

GUILTY, 10 d.

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

[Imprisonment. See summary.]

Reference Number: t17890114-38

135. LEWIS LANG was indicted for feloniously stealing, on the 13th of December last, twenty yards of cotton and linen check, value 20 s. the property of David Peyton , privately in his shop .

DAVID PEYTON sworn.

On the 13th of December, about six in in the evening, the prisoner came into my shop, under a pretence to buy a silk handkerchief, and some linen; he looked at some, and desired to know the amount. I served him myself; I told him the amount; and he was considering a little. There was nobody in the shop but him and I. I was busy putting some things off the counter, and he ran out of the shop. My man who had been out, came in that instant he had ran out, and desired to know whether I had sold the prisoner a piece of check; I said no. I looked round, and missed a piece of check; on which my man ran out immediately, and in a few minutes he returned, and said he had catched the man, and delivered him up a charge to the patrol. I went out with my man, and saw the prisoner in custody; I knew him to be the same man that came into the shop. I afterwards had him taken before the magistrate.

ANDREW ATKIN sworn.

I am shopman to the prosecutor. I had been out on the 13th of December; and, on coming home, I saw the prisoner come out of the shop-door with a piece of check: I had my suspicions, and I asked Mr. Peyton if he had sold a man a piece of check just now; he said, no. I immediately ran after him; I saw him running, and I called out, stop thief! A coachman ran after him, and took him. He was out of my sight a few minutes; the check was not taken on him, he had dropped it. I saw him at the place where it was dropped by; I did not see him drop it; I only saw him coming out at the shop-door; I did not see him before. I am sure he is the same man; I saw him running; I saw him when he was taken.

JAMES M'LOCHLIN sworn.

I am a patrol. I was coming up Wigmore-street about six o'clock in the evening of the 13th. The coachman had taken the prisoner: the prisoner acknowledged he had taken the check; I told him it would be the better for him. A boy picked up the bundle, and delivered it to me.

WILLIAM ESTALL sworn.

I picked up the bundle in the middle of Castle-street, just opposite Bolsover-street.

Court to Atkin. Whereabout in Oxford-street is your master's shop? - The shop is two doors from Prince's-street, between Princes-street and Holles-street. The man went up Princes-street; from there, up Castle-street; from there, up Bolsover-street; then, through Margaret-street, into Cavendish-square; and across the square, into Welbeck-street.

Are you sure he ran up into Castle-street? - Yes.

(The check produced, and deposed to by the prosecutor)

Prosecutor. The man was in my shop about five minutes: it is a light shop; I am sure he is the man; he was dressed very shabby; he had a round hat on, a little over his face. I rather suspected him, till he told me a tale about something, that he was a working man, and was going to the pay-table.

Prisoner. I was at work that day at Marybone.

The prisoner called four witnesses to his character.

Prisoner. My Lord, I have another witness, that was with me at the time.

EDMUND BURKE sworn.

Court. Be Careful what you say? - Yes. I know the prisoner perfectly well; for three years and a half I worked with him at different times. The day he was taken up, he worked at a place on a job with me, as a labourer , by Grosvenor-square. He left work between five and six, and we came down Oxford-road; and he told me he had to call for a pair of shoes, and we parted, and I came towards Drury-lane, we parted about the middle of Oxford-road; he came with me past Cavendish-square. I did not know he was taken up till Monday. As I was coming down Oxford-road, I heard a parcel of people calling, stop thief! It was pretty nigh Golden-square, I had parted from him about ten or fifteen minutes; it was pretty nigh Golden-square that I heard the cry of stop thief! or Soho-square, I cannot tell you distinctly which.

Prisoner. Cavendish-square, my Lord, was the place.

Burke. It was Cavendish-square, my Lord.

Court. I shall pay no attention, now, to any part of your evidence.

GUILTY, four shillings .

Tried by the second Middlesex Jury before Mr. RECORDER.

[Transportation. See summary.]

Reference Number: t17890114-39

136. WILLIAM BOSTON was indicted for stealing, on the 9th of January , six pewter dishes, value 6 s. twenty-four bars, value 4 s. six screws, value 12 d. a chain bolt, value 2 d. and two pieces of unwrought iron, value 1 d. the property of John Caney .

BENJAMIN NASH sworn.

On Friday last was a week, the 9th of this month, between seven and eight, I was coming down Petticoat-lane, and I met the prisoner with a load on his head; he passed me: two men followed him; whether they were in company with him, I cannot say; they said, d - n your eyes, what are you nosing at. The prisoner crossed to an iron shop, one Cowell's and I secured him and the property. He said he worked for Mr. Caney, at fifteen shillings a week; the next day his master came and saw the property, and said it was his.

(The property deposed to by Mr. Caney.)

Thomas Barker deposed to the copper-bars, as he made them.

PRISONER's DEFENCE.

About eighteen months I lived a servant with Alderman Swain; having a wife, mother, and child to maintain, I took two lower rooms in Long-alley, and paid eleven shillings per month; I bought and sold houshold furniture , and iron rags. I kept it on about six months, and took another house in Long-alley, and paid fourteen pounds a year, and bought some other things; then I used to stand under Whitehall Chapel; and there I bought these things of a lady. At this time, the Lord was pleased to afflict me with a fever, and I was obliged to depend on my benefit club; and after the Lord was pleased to raise me out of my affliction, I came to enquire for work of Mr. Caney, and I took a room just by, and brought all this property into the room; and last Friday evening was a week, I was carrying a load for my master, and one of my shoes burst open, so I could scarce walk; so I said to my wife, I will

go and sell this property, and buy a pair of shoes. The things were bought of different people; the lady I bought some of lives at the house adjoining to Whitehall.

Court. Is she here? - No. After they stopped me, they asked me why I did not throw it down, and run away; I said it was my own.

Prosecutor. I swear to this mark; it is my sister's hand-writing. I know nothing of the pewter, only there is pewter missing from the place where it stood.

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

GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

[No punishment. See summary.]

Reference Number: t17890114-40

137. JAMES WALTON was indicted for feloniously assaulting James Pack , on the King's highway, on the 15th of December last, putting him in fear and danger of his life, and feloniously taking from his person, and against his will, a silk handkerchief, value 6 d. a clasp knife, value 1 d. and seven halfpence, his property .

JAMES PACK sworn.

I am a lighter-man . I live at Bethnall Green. On the 15th of December last, I worked at one Mr. Morgan's, at Shadwell; I saw two men before me; they parted and let me go between them; one of them, the prisoner, seized me by the collar, and said, d - n your eyes, you b - r, what have you got; I told him nothing material, only a few halfpence in my jacket pocket; I desired them not to use me ill. The prisoner held my back up against the pales, and put his finger into my handkerchief that was tied round my neck, and twisted it round, and almost throttled me, while the other searched my pockets; they took three-pence halfpenny, and a farthing out of my jacket pocket, and a clasp knife; the prisoner took the handkerchief off my neck, after the other had done searching my pockets, and then left me for about half a dozen yards; and the other came back to me, and would have given me my handkerchief, if this prisoner would have let him; but the prisoner said, d - n your eyes, you b - r, sherry, get off with you. I immediately went across the fields into the direct road to Shadwell, to go back again to Shadwell, to give information to the Shadwell officers. Going along, I crossed the fields into the new road, and got into Ratcliffe Highway, and there I met the prisoner and the other man coming along; I passed them on purpose to get the first I could meet with to assist me; and I met two men, and asked their assistance, and they said they would; I immediately jumped in between the men, and took one in one hand, and one in the other, but nobody assisted me, and I was obliged to let one go; and the prisoner I took to the office myself. He was searched, and nothing was found upon him. It was about five o'clock, as nigh as I can guess, when I met them; and this might be about ten minutes after, not more. I ran as fast as I could.

How far might it be from the place where you was robbed, to the place in Ratcliffe Highway, where you took the two men? - About a quarter of a mile; but then they went a round about way to it: I crossed the fields.

What part of Stepney-fields; was it? - About one hundred yards off one side of the halfway-house.

And you think it is about a quarter of a mile from Ratcliffe Highway? - Yes.

At five o'clock, the 15th of December, I suppose it was dark? - Yes, it was duskish.

Why the night was set in; is that footpath lighted? - No, no lights.

Both the men strangers to you? - I never saw them before to my knowledge.

Was it light enough for you to distinguish their dress? - Yes. That man had a blue jacket, a silk handkerchief round his neck, check cotton shirt, white trowsers; the prisoner had a round hat.

That is the common dress in the seafaring line, and amongst workmen who work on the sea-side? - Yes.

When you met him in Ratcliffe Highway, did you hear him speak? - No, I did not. I am positive he is the same man; I knew them by their dress; and the other had a handkerchief swinging in his hand, which I did suppose to be mine.

What, when you met them in Ratcliffe Highway? - Yes.

Could you distinguish the colour of the handkerchief? - No, I could not.

You came immediately from work? - Yes; I had not stopped any where.

Quite sober? - As sober as I am now.

Could you observe, at the time you left them in Stepney-fields, which way they went? - Yes; I saw them go towards Shadwell; they went a round-about way to it: I went across the fields. I was afraid to follow them in the path-way.

Would the way that they took lead them into Ratcliffe Highway? - Yes; it was the direct road to it.

Did you come from Mile-end down Ratcliffe Highway, or the other way? - I came into Ratcliffe Highway from Tower-hill way, by the way of the New-road; and then I went down the New-road, and I met them.

Now, Sir, you will recollect, that the man's life depends a great deal on your testimony; in the dark, and the dress a common one, and nothing found on the man; are you quite positive he is the man? - Quite positive that he is the man.

Prisoner's counsel. All you knew him by was his dress? - By his dress, and his face.

You never saw the men before, neither of them? - Never, to my knowledge.

JOHN ROBERTS sworn.

The prosecutor brought the man up to the office about six in the evening, and said he had been robbed, and delivered him to me; this was the 15th of December.

Prisoner. I leave it all to my counsel.

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

Jury. My Lord, we wish to know where the person is that was with him?

Court. We have no right to call on the prisoner to oblige him to say who the man was and where he is; to be sure, observations may arise in your minds and mine upon it.

GUILTY , Death .

Tried by the first Middlesex Jury before the LORD CHIEF BARON.

Reference Number: t17890114-41

138. JOSIAH ALEXANDER was indicted for stealing, 2 s. 6 d. and eight half-pence , the property of Samuel Marlow .

SAMUEL MARLOW sworn.

I have known the prisoner about three or four years.

MICHAEL M'DONALD sworn.

On Christmas day last, about a quarter past two in the morning, (I am a watchman in Hosier-lane) I met the prosecutor; he was out of order; very drunk. I took him in hand, in order to take him home; and I waited till the patrole came by; the prisoner, who is a patrole, came by. I kept the prosecutor till he came; and I told him I had a drunken man in my box; he said I had no right to keep him in my box. I assisted him to get home, near to Cow-lane; he said he lived in Fox and Hart Court . We took him there, and laid him down in the court to rest; in two or three minutes afterwards, the prisoner came behind him, as he was laying on the flags in the court, and put his hand under the prosecutor's leather-apron, and put his hand in his pocket, and took something out, and put it in his own coat-pocket; then he lay the man down, and said to me, go you on your duty, and I'll go on mine; he went about ten or twelve yards, and I said, are you going to leave the man there, and take the money out of his pocket for your own use; he said he knew nothing of the money; I said, give the man his money, and help me home with him: he denied it; and I took him by the collar, and brought him about five or six yards; and he struggled, and d - d the man, and said he knew nothing about the money. I said you had better give the poor man his money; he

said, I have got it, and I'll give it to you; well, says I, let's see how much it is; I said, had you any of your own; no, says he, only three farthings; he then took out the half-crown and four-pence, and said, here, you take it; no, says I, go and put it into the man's pocket; no, says he; and my lanthorn was open, and he put it in. I then asked him to help me with the man home, and he did; we found it out, and I gave his wife the money. The prisoner was present.

Court. Did you tell his wife where you had got that money? - I did not. The prisoner came away with me past my box, and said he took it only to keep it safe for the owner. At three o'clock he left me at my box, and went to his duty. The next day being boxing-day, I would not report him before, that he might have his Christmas-boxes; a day or two after that, I did report him to Mr. Ashford, and he was afterwards taken up. I would not have believed it, unless I had seen it, if a hundred had told me. I have known him five years, and always thought the prisoner was an honest man.

Prisoner's counsel. Upon your oath, was you sober or drunk? - Upon my oath, I was sober, I was no more drunk than I am now.

Do you know Hollingsworth, a watchman? - Yes, I do.

Did he see you that night? - Yes, I believe.

Do you know Carty? - No, nor M'Carty.

Did not the prisoner pay the money to the woman? - No; I did.

Do not you know Marlow has worked for the prisoner's brother? - I heard so.

Did not the prisoner tell you he would have you fined for having a drunken man in your box? - He did.

You told him you would give a charge in the watch book against him? - That was when he refused giving me the money.

Then you never reported him? - I never mentioned it to any body, till I told Mr. Ashford.

How long has he been patrole? - I do not know.

For some years? - No, no years.

As long as you have been a watchman? - Not a quarter of the time.

JOHN WARD sworn.

I am a watchman. When I was calling half past two, I heard a contense, and heard M'Donald say to the prisoner, Alexander, you rascal, you villain, fetch back the money you took from the man; Alexander made no answer at all in my hearing; he put his hand in his pocket, and took out the money, and put it in M'Donald's lanthorn. I have known the prisoner eight years; he has been a watchman and afterwards a patrole . He bore the character of an honest, industrious, hard-working man.

Prosecutor. I have known the prisoner a long while. I seriously think, upon my oath, from the knowledge of his character, that he meant to take care of my money. I have worked for his brother for five years.

- HOLLINGSWORTH sworn.

I was in the court adjoining the watchman, M'Donald; he was very much in liquor, on my oath. I have known the prisoner ten years; he has a very good character.

JOHN MILLER sworn.

I have known the prisoner between four and five years. I have trusted the prisoner to the amount of several thousand pounds; and from the evidence that has been given, I would do it again.

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

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17890114-42

139. MARY HOUNSETT was indicted for stealing, on the 15th of October , nine shillings and sixpence in monies, and sixty halfpence, the property of James Digman , privately from the person of Mary his wife .

MARY DIGMAN sworn.

I am the wife of James Digman , a seafaring man ; I live in Whitechapel . On the 15th of October I lost my money out of my house. I had a pocket-apron, that I wore; I had nine shillings and sixpence in one side, and two shillings and sixpence, in halfpence, in the other; I had just before told it. There was nobody in the house but she and me; she lodged in the house for about three weeks. I went to take a nap, about twelve o'clock, on the bed; she covered me over; I had my pocket-apron on; I laid down upon it; I went to sleep; I was awoke by my husband; the prisoner was gone; the pocket-apron was cut at the bottom of each side, and all the money gone; there was only one farthing left. Last Thursday was se'nnight she was found by my husband; she was found in bed at her mother's room; she went away in triumph; she did not come back again. I gave her her bed for three weeks, because she said she was in distress. I never got my money again. She took away this bed-gown with her: it lay under the bolster, at my head; I found it on her bed, at her mother's; she was in bed.

JAMES DIGMAN sworn.

I am husband to the last witness. I came home on the 15th of October, between two and three. The door was looked; I knocked at the door; and nobody coming, I looked through the window, and saw my wife's cloathes turned up over her middle; then I knocked again, and she got up, and let me in; it is a spring-lock; and what things she had in her pocket were tumbled about the floor; her pockets were cut. When I went out, I left nobody in the house but my wife and the prisoner. The prisoner had a room in the house, and paid three-pence a night. We never got the money again. I went out about two, as near as I can guess, before she laid down. We found the prisoner with my wife's bed-gown on.

PRISONER's DEFENCE.

The house was a disorderly house. I thought I would leave it, and go home to my mother; I was afterwards, found in bed at my mother's. I never took the money; I know nothing of it. I used to do the houshold and needle-work for Mrs. Digman; the bed-gown she lent me.

Court. Is your mother here? - No.

Did you really go home to her? - Yes.

Jury to Digman. What time did you go out? - I came home between two and three; I had been out about one hour.

Court to Mrs. Digman. Can you tell, with any certainty, what time you went to sleep? - It was just twelve. My husband went out immediately as soon as ever they had done breakfast. I took away the table, and counted my money, and then I went to lay down; I said, how proud I was I had all my rent but two shillings. I fell into a very heavy sleep.

GUILTY, Death .

Jury. My Lord, we wish to recommend the prisoner to mercy .

Court. I have no objection.

Tried by the first Middlesex Jury before the LORD CHIEF BARON.

Reference Number: t17890114-43

140. THOMAS WARD was indicted for feloniously returning from transportation, and being found at large on the 18th of December .

JOHN OWEN sworn.

I produce the certificate of the prisoner's conviction, from Mr. Shelton.

(Read, and examined by the record.)

CHARLES YOUNG sworn.

I apprehended the prisoner on the 18th of December, at his lodgings in Buckler's-street, St. Giles's . I brought him down to Lichfield-street, and Owen was sent for to identify his person.

Owen. In February, 1785, the prisoner was tried here for stealing goods of Walter Powel , and sentenced for transportation. I delivered him, with others, on board the hulk in Portsmouth-harbour, about the 5th of December, in the same year.

PRISONER's DEFENCE.

I obtained a conditional pardon, and that was obtained before my mother died.

Mr. Akerman. He says there is a pardon in the Recorder's Office.

Townshend. There certainly is such a pardon. I went down with this lad to Portsmouth, and the captain told me to find out his friends, and send them down to take him away, for he had received orders to discharge him. I have seen the pardon, in the name of Ward.

Prisoner. The captain set me at large; I waited on him afterwards.

Dixon. I called at the Recorder's Office myself, and Mr. Jones, the Recorder's clerk, told me there was a conditional pardon; but that the prisoner had never availed himself of it, and it was of no use. He was to enter into sureties to transport himself; and he never did, but made his escape.

Mr. Recorder. If there is any such pardon, which I am inclined to believe there is, it is on condition of leaving the kingdom, and giving security.

Prisoner. Mr. Campbell ordered me to be set at large; and if you write to the captain, you will find it to be true.

Court. Care will be taken to enquire.

Young. He made no resistance when I took him.

GUILTY , Death .

Tried by the first Middlesex Jury before the LORD CHIEF BARON.

Reference Number: t17890114-44

141. WILLIAM WESTON was indicted, for that he, on the 27th of December , feloniously did make, forge and counterfeit, and cause and procure to be falsely made, forged, and counterfeited, and willingly act and assist in the false making, forging, and counterfeiting, a certain bill of exchange; commonly called an inland bill of exchange, purporting to have been drawn by one James Kingdom , and to be directed to John Hatchet and Co. of Long-acre, for payment of the sum of 5 l. 3 s. 6 d. for value received ; which said bill of exchange is as follows -

"No. 414. London,

"Dec. 1st, 1788. Sir, please to pay

"to John Weston , or order, 5 l. 3 s. 6 d. for

"value received, for James Kingdom .

"Check Office, Bank. To Mr. John

"Hatchett and Co. Accepted, for Self

"and Co. John Hatchett ." - With intent to defraud the said John Hatchett and Co .

There were several other counts, laying the forgery in different ways.

JOHN WHITE sworn.

I am a partner with John Hatchett , Charles Hatchett , and Robert Green, of Long-acre. On Saturday, the 27th of December last, a person of the name of Charles Brannon , presented a note for 5 l. 3 s. 6 d. to our house for payment. As soon as the clerks saw it, they knew it not to be Mr. Hatchett's acceptance; and Mr. Hatchett sent for me to my house adjoining; and, by the advice of a gentleman, I went with Brannon to Bow-street; and Mr. Hatchett said it was not his acceptance.

( John Townsend produces the note.)

CHARLES BRANNON sworn.

I offered a note to the house of Hatchett and Co. on the 27th of December; I was stopped with it, and taken to Bow-street. I wrote my name on the back of it; this is the note. On the 23d of December, the prisoner at the bar was at my house,

No. 18, Noel-street , with a couple of ladies; he lodged there; he had been there thirteen or fourteen days. He went out, and said he was going to Leadenhall-market. I was in the kitchen; a woman brought me the bill down; her name was Hutchins; it was on Christmas-eve, or Christmas-day; she said Mr. Weston desired I would get it changed, and pay myself. On the Christmas-day, in the morning, I was dressing the prisoner's hair, and he said he'd go out and buy something, and get the note changed; the note was in a wine-glass, in the kitchen. He said, you shall go with me to Mr. Roberts's, in Bond-street, and we'll have a Twelfth-cake; we did not go that day. On the 26th, he said to me, you have got a watch to raffle; we will put it up at the Green Man, in Bond-street; so he made out a raffle for my watch, and put ten people's names to it. We sat there, and drank three pots of beer; he went out, and came in again, and said, he had had good success, and the note would be taken up on Saturday, at three o'clock. He said the watch should be raffled for on Monday evening. We came away; and on the Saturday morning, he went away from my house, and told me to go to Mr. Roberts's, in Bond-street, to get the note discounted, and keep the balance till he returned. I went to Mr. Roberts, of Bond-street, on the 27th of December, and offered the bill for discount; he told me to go and see if Mr. Hatchett would accept the bill, and Mr. Hatchett stopped me with the bill.

Court. This bill is the same bill that the prisoner told you to get discounted, and keep the balance till he returned? - Yes, my Lord.

(The bill read, as in the indictment.)

Prisoner's council. What are you? - I am a hair-dresser by trade.

Is that the only trade you follow? - Yes.

The only way you get your bread? - I let my lodgings in the best manner I can. I have a wife and four small children.

Who lodged in your house? - They are unfortunate women; the best lodgers I can get; sometimes they pay me, sometimes they do not.

Then I understand you keep that sort of house, the resort of a number of bad women? - My lodgers are the best I can get, and I never suffer any noise or riot in my house.

You was taken up yourself for this? - Yes, I was stopped with it. Nobody ever could say any thing against my character.

ELIZABETH HUTCHINS sworn.

I know the prisoner. I brought the bill for 5 l. 3 s. 6 d. down to Brannon on Christmas-eve, or Christmas-day; Mr. Weston gave it me; he came in on the 23d of September, and gave it to me, and told me to lock it up in a drawer. I did; and on Christmas-day, when we got up in the morning, he told me to give it to Brannon, to get it discounted, and pay himself, and to keep the change till he came back again. I gave it to Brannon. Mr. Weston did not go away till the Saturday morning, which was the second day after Christmas-day. The prisoner had lodged there about a week or ten days. I had known him near a twelvemonth, but was not acquainted with him above a month or six weeks.

Prisoner's council. He went out, I believe, with a person of the name of Boston? - Yes.

You was not much pleased with that, I understand? - I did not say any thing concerning it.

You made use of some expressions of dislike? - Yes, I did.

Court. Was it a man or a woman that he went away with? - A woman.

Prisoner's council. I believe you said, d - n my blood, I'll be a match for you for this? - No, it was not that.

What was it? - I cannot say positively what it was; but I am sure that was not it. I said it to himself, when he was going into the coach; and nobody was present

but myself and the man and woman that went out with him.

Was not there a man of the name of Farthing that heard it? - No, there was not; I do not know such a person.

You are in that unfortunate way of life, I understand? - Yes; he lodged with me. I was very much displeased at his going off with Miss Boston: I cannot remember my words, but I did make use of some threats.

JOHN TOWNSEND sworn.

I am one of the Bow-street officers; I apprehended the prisoner at the play-house, in the two-shilling gallery.

There being no evidence but one of the partners, Mr. White, to prove that it was not Mr. Hatchett's hand-writing; and Mr. White being a party interested, the prisoner was ACQUITTED .

Tried by the second Middlesex Jury before the LORD CHIEF BARON.

Reference Number: t17890114-45

142. CHARLES WOODYER was indicted for feloniously assaulting Ann, the wife of Thomas Sanders , on the King's highway, on the 20th of December last, and putting her in fear and danger of her life, and feloniously taking from her person, and against her will, ten dozen of skins, called kid-skins, value 7 l. 10 s. and a canvas bag, value 6 d. his property .

ANN SANDERS sworn.

On Saturday before Christmas, the 20th of December, about a quarter past nine in the evening, coming along Dover-street, Piccadilly , I was going to Mr. Clenson's, in Berkley-square; I was carrying ten dozen of kids, to make ladies fine kid gloves; I have part of the property here. As I was going up Piccadilly, to go to Dover-street, I felt something come behind me, and feel the leather; the ends of it hung down. The people often feel my leather as I go along. This was as I first entered Piccadilly, next the Haymarket. I did not turn back at that; they felt it again several different times. When I came almost to St. James's Church, there was a man behind me pulled the leather very hard. I turned round, and saw a man, whom I find to be George Green ; but when I came in Dover-street, the prisoner at the bar met me, and ran against me, and sent me staggering backwards. I did not fall at that; but he then knocked me down, with the expression, d - n, or b - st, your eyes! I had a dreadful fall. While I was on the ground, George Green took my property, and ran away with it. I attempted to get up, and the prisoner knocked me down a second time. I got up a second time, and laid hold of him by his arm; he struggled, swore, and either d - n your eyes, or b - st your eyes, you b - h, let go! and he got from me; I saw no more of him. This was just by the cabinet-maker's window, in Dover-street. I was much alarmed. I am sure the prisoner is the man; I could swear to him above all men; I never saw him before. It was not very dark, and the lamps gave a very good light. He was apprehended the next day, (Sunday) by the particular description I gave of him. I first saw him as they were taking him to the Justices; the constable asked me if I I knew him, and I picked out the prisoner directly, from among a parcel of men. I don't think the whole transaction took up above five minutes. George Green was afterwards taken with the kid-skins upon him, in less that ten minutes, and lodged in St. Giles's watch-house: he cut his way through the door, and made his escape. No property was found on this prisoner.

JOHN GODWIN sworn.

I was going home on Saturday night; I live in Dover-street. I heard a woman cry out, murder! I turned round, and I saw the woman have hold of the prisoner's arm. He got away, and another man ran away; he had a bundle; I followed him with the bundle; two young

men stopped him, and he was taken to the watch-house. I am sure the prisoner is the man that the woman had hold of; and I heard him say, B - st your eyes you b - h, loose me; and I saw him again on the Monday. I am certain he is the man. I knew him by his voice.

EDWARD CLENSON sworn.

The property was had from my house, and if any of the skins are lost, her husband is accountable for them.

JOHN PINNICK sworn.

On Sunday, the 21st of last month, the prisoner came to the watch-house to enquire after Green, that cut his way out of our watch-house; the watch-house keeper came to me, and I went; and I thought he answered the woman's description, and I locked him up, and afterwards took him before Mr. Reed, the Justice.

PRISONER's DEFENCE.

On Sunday, the 21st of December, coming along Berwick-street, I met a young woman whom I knew, and she desired me to go to the watch-house, and enquire after one George Green; I went, and they locked me up.

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

GUILTY , Death .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17890114-46

143. ELIZABETH WELLS, alias CARLETON , was indicted for stealing, on the 13th of December , a metal watch, value 42 s. a steel chain, value 6 d. and two seals, value 1 s. 6 d. and two keys, value 1 d. the property of Joseph Briant .

JOSEPH BRIANT sworn.

I am servant to Mr. Charles Langham , of the Piazza, Covent Garden. I lost my watch on the 11th of December. Coming from a friend's in Wardour-street, a little past nine o'clock, I was accosted by the prisoner at the bar; I went up Short's-court with her; and up there I felt her take out my watch; I took her to the watch-house, and it was found upon her.

CHARLES ELLIOT sworn.

I am an officer. I heard the man cry out, and I went and asked what was the matter; he said the prisoner had taken his watch; I took charge of her, and took her to the watch-house. and searched her, and the watch was found upon her.

(The watch produced and deposed to.)

PRISONER's DEFENCE.

I met the prosecutor, and went down the court with him; and he was to give me six shillings; he then said he had no money, and he gave me his watch, and was to meet me the next evening to give me the money, and take his watch. I have been in his company before.

GUILTY .

Imprisoned six months .

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

Reference Number: t17890114-47

144. CHRISTIAN TRAIL was indicted for feloniously stealing, on the 25th day of December , a silver watch, value 3 l. a steel chain, value 6 d. a base metal seal, value 2 d. and a watch-key, value one penny, the property of George Passmore , privately from his person .

GEORGE PASSMORE sworn.

I live at Kensington, and keep a school . On Christmas day last, I went to spend an evening with a friend in the city; coming home through the Strand , the prisoner came up to me, and caught me by the hand; she called to another woman who was at a little distance. I had some suspicion; I put my hand to my pocket, and missed my watch; I laid hold of the prisoner, and the other woman ran away. The prisoner d - d her eyes, and said, she hoped she would not leave her in the lurch; the watchman came up, and she was taken to St. Martin's watch-house; and the constable searched her, and found the watch on her. I had that night drank more than I should have done, or usually do.

THOMAS CROSBY sworn.

On the 25th of December, I was constable of the night; the prosecutor brought in the prisoner, and I searched her, and found the watch in her hand.

(The watch produced and deposed to.)

PRISONER's DEFENCE.

Coming down the Strand, I met the prosecutor; he was very drunk, and I went up a court with him, and he was to give me five shillings; afterwards, he said he had no money, and gave me his watch to keep till he could get to Viller's-street, to get some money; I went with him, and he then said he could get none, and demanded his watch back again.

GUILTY, Of stealing, but not privately .

Imprisoned six months .

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

Reference Number: t17890114-48

145. CATHARINE THOMPSON was indicted for stealing, on the 1st of December , an oval japan tea-tray, value 4 s. a set of fire irons, value 12 s. and a japan bread-basket, value 2 s. 6 d. the property of George Wapshott .

GEORGE WAPSHOTT sworn.

I am a smith and iron-monger in High Holborn . I lost a set of fire-irons, a tea-tray, and a bread-basket. I cannot tell the time I lost them, but I know they were never sold out of my shop. I look after my shop myself; when we sell them, we enter them; and when we buy them, we mark them, and put them up in a particular place; I have others of the same sort, and have sold some, but I know I have not sold these, by the mark on the paper, which I think is A. A. which, with me, means a guinea; A. F. is eighteen shillings. I do not know rightly, whether it is A. A. or A. F. They were taken on the 10th or 12th of December. I had seen them a fortnight before. I knew the prisoner before. She had lived with me as a servant ; she lived with me till the 29th of November, at which time I had no suspicion of her. I never missed these articles till after she went away. The pawnbrokers has them now. The mark is on them now.

THOMAS JOHNSON sworn.

I am a pawnbroker, and live in Short's-gardens, Drury-lane. The prisoner brought me these fire-irons on the 1st of December. She said she brought them from a lady in Brownlow-street. I took down where she lived. She pawned them in the name of Elizabeth Thompson . She did not tell me her mistress's name. I am sure these are what the prisoner brought to me.

WILLIAM COCKER sworn.

I am an apprentice to Mr. Wapshott. I know the fire-irons by the mark on the ornament. When they were brought out of the country, I had the tying of them up, and I was accused of breaking it; I did not discover the loss of the set till after the prisoner went away. I do not know how long it was.

EDWARD TREADWAY sworn.

I am an officer. I had this duplicate of the fire-irons from the prisoner, with several others.

GUILTY of stealing the Fire-irons.

Sentence respited, being Sick .

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

Reference Number: t17890114-49

146. HENRY HOLMES was indicted for stealing, on the 7th of December last, a mare, price 20 l. and a gelding, price 20 l. the property of John Dally .

Mr. Peatt, the prisoner's counsel, observing that they were the property of John and James Dally , and the witness, James Dally , acknowledging that they were, the prisoner was ACQUITTED .

He was again indicted for stealing, on the same day, a coach, value 8 l. and a pair of coach-horse harness, value 30 s. one pair of bridles, value 10 s. the property of John Dally .

The same objection applying to this indictment also, the prisoner was ACQUITTED .

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

The prisoner was ordered to be detained till the call-over, in order to give the prosecutor an opportunity of indicting him properly.

The said Henry Holmes was again indicted for feloniously stealing, on the 7th of December last, a mare, price 20 l. and a

gelding, price 20 l. the property of John Dally and James Dally .

(The Case opened by Mr. Silvester.)

(The witnesses examined apart, by desire of Mr. Peatt, prisoner's council.)

WILLIAM PEW sworn.

I drive a hackney-coach for Messrs. John and James Dally . On Sunday, the 7th of December, about nine o'clock in the evening, I put my coach upon the rank, in Oxford-street , near Bolsover-street; I had been there half an hour; I then went to the watering-house to refresh me, and left my coach on the rank. I staid there nearly half an hour; when I came out I missed my coach, and I said to the watering-man, I have lost my coach. A man came up, and told me that such a coach as I described had gone down Argyle-street. I went to the top of the Haymarket, and gave notice at the stand there; then I went to the High-ground, Piccadilly; and while I was talking to a man, one William Gittal there, I perceived a man driving my coach out of Bond-street, on a swinging trot. Gittal said, there is your coach, I went and caught the near-side horse by the bridle, and stopped them till I had an opportunity of jumping on the splinter-bar. The prisoner, Holmes, who was driving, said, d - n your eyes! what do you want with me? He kept beating the horses, and driving on, and I endeavouring to stop them. He was endeavouring to pass the rank; and opposite the third coach, William Gittal went up, and took the two horses by the head, and then we stopped them. Now, says I, I'll tell you what I want. I took him by the collar, and pulled him off the box; he said very impertinent words, and I charged the watch with him. When I first saw him, he was driving from out of Bond-street, and turning round to go towards Hyde-park-corner. The coach and horses are the property of John and James Dally , I am sure of that; a mare and a gelding.

Mr. Peatt. Are there any persons that attend stands, that drive coaches in the absence of the coachman; persons called caddys? - I have heard talk of such things, but it never happened to me. There are persons that they call bucks.

Mr. Silvester. Had you desired any person whatever to drive your coach, or take it off the stand? - No; when I missed it, it was to my great surprize.

ANDREW HARDING sworn.

I am a coachman; I drove a coach on Sunday night, the 7th of December. I know Pew; I saw a coach taken out of the stand; it was two coaches from me; mine was the last. I saw the coach taken away; it was the fourth; I heard nobody call; it went off in a great hurry. When Pew applied to me; I told him I saw it drive down Argyle street; I observed, and told him the horse-cloths were white. By my direction, he went down that way.

Mr. Peatt; prisoner's council. Do you ever employ any of these bucks? - I never do.

WILLIAM GITTALL sworn.

I am a waterman, at Piccadilly. I remember Pew coming down to me about his coach; I saw the coach coming down Bond-street, and go round towards Hyde-park. We pursued the prisoner, and Pew laid hold of the horses; the prisoner whipped them, and I ran to Pew's assistance; we stopped the horses, and the prisoner said, d - n you, what do you want with me? Do you want to rob me? Pew took him, and afterwards charged the watch with him. The prisoner is what they call a buck ; which is a man that attends hackney-coaches, and occasionally drives for another of a night, when he is employed by any body for that purpose.

Mr. Silvester. Did the prisoner pretend to say that he drove this coach for this man? - No.

Did he offer to say that they desired him to drive this coach? - No; there was no questions asked him.

Court. Did the prisoner appear to you drunk or sober? - I cannot say he was drunk.

Did you ever see him at the Bolsover-street stand? - No.

JAMES DALLY sworn.

I am a partner with my father. These horses are the property of me and my father; my father's name is John Dally . Pew has lived with us about six or seven months.

What kind of fellow is he? - A little fellow.

But is he drunken or sober? - I never saw him disguised in liquor.

Mr. Peatt. Have you and your father had any thing like a written instrument drawn up within these three days? - No, it is a verbal agreement, by which we both take the profits.

Court. Are there any description of people that drive coaches and horses without the authority of the coachman? - Yes, there are such people; they do drive without the knowledge of the masters, or the authority of the coachman; and the man who takes the coach away, gets the money, and leaves the coach in some place, or takes it to the Green-yard.

For the prisoner.

WILLIAM ROTHWELL sworn.

I am a coachman. I know the prisoner; I have known him five or six years; he has drove for me a number of times when I was a servant, and has taken care of my coach and horses.

FRANCIS BROAD sworn.

I am a coachman's son. It is customary for watermen to take care of coaches, but none others, as I know of. I have known the prisoner about three or four years. I believe him to be very honest.

JOHN HAWKINS sworn.

I have known the prisoner a long while; I believe him to be very honest.

MARY BOUCHER sworn.

I have known the prisoner twelve months; he bears a very good character.

GUILTY, Death .

The prisoner was humbly recommended to mercy by the Jury .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17890114-50

147. RICHARD HAYNES was indicted for feloniously assaulting Francis Cooper , in his dwelling-house, on the 5th of January , and putting him in fear, and feloniously taking from his person, and against his will, a silver watch, value 40 s. a steel chain, value 6 d. a base-metal seal, value 6 d. and a watch-key and hook, value 1 d. his property .

FRANCIS COOPER sworn.

I keep a public-house on Brentford-hill . On Thursday evening, the 15th of January, about ten o'clock, the prisoner and another man came into my house, and called for a pot of porter; and they staid a quarter of an hour, and drank it; and I desired them to make haste, because it was the time for shutting up. The other man offered me a bad half-crown; I would not take it, and they found halfpence then. They went across the tap-room to go out: the other went out first; Haynes came out afterwards, and caught me with his left-arm, and lifted me up by the waist twice, and I missed my watch directly. I went out after them; I caught hold of Haynes's coat; I thought I felt something that was not right about my watch, and I missed it directly. I caught him about forty-five yards from the door; I took him by the coat, and I told him he had got my watch. Says he, will you say so? Yes, says I. Then he and I had a struggle, and he flung himself off the foot-way into the road; he got from me, and ran towards Brentford-bridge;

and he was there headed; and he then ran back, and I followed him, calling out, stop thief! and a man came out of my house, and took him. He was sent to the watch-house. The watch was found afterwards in the snow, where we had the scuffle; we got candles and lanthorns, and searched, and the constable picked it up. It was a silver watch, with a steel chain, a base-metal seal, key, and hook. I am sure the watch that was picked up is mine; I am sure the prisoner is the man. I had the watch, I am sure, in my pocket; I saw it ten minutes before I lost it; I told them what it was o'clock, and told them not to keep me up. I know it by a bit broke out in the face.

THOMAS FIELD sworn.

I am headborough. I picked up the watch, and have had ever since. I was called out of bed to take the prisoner into custody.

CHARLES DIXON sworn.

I am a bricklayer. Me and another man were in the house drinking a pint of beer. These two men came in, and called for a quart. The prosecutor pulled out his watch, and said, gentlemen, I hope you will not stay long; it is ten o'clock. After they had drank their beer, there was confusion about a bad half-crown, and they paid halfpence; they went out afterwards. On hearing the prosecutor cry out, stop thief! I went out; and I saw the prisoner coming up the street, and I laid hold of him. I am sure the prisoner is one of the men that were drinking in the room. I heard the prisoner lifting the prosecutor, but I did not see him; I could tell by his breath that the man was squeezing him. When we had taken him, we went out afterwards with a candle and lanthorn, to search. It was about a quarter of an hour afterwards; and there we found the watch. I am sure the watch is the prosecutor's; I know it by the paper in it, which I cut myself.

PRISONER's DEFENCE.

On coming out of the house, I shook hands with the landlord; and wished him good night, and he wished me good night, and he shut the door after us. After we had got about a hundred yards, he came out, and took hold of me, and said I had robbed him. I said I had not, and I got myself away from him; then he cried, stop thief; and another person came up, and I went up to them, and they took me. I never saw the watch. I sent for my master, to Brentford, but he could not come.

Prosecutor. I did not shut the door after him, nor shake hands with him.

GUILTY, Of stealing the goods, but not violently; or of putting the person in fear .

Tried by the first Middlesex Jury before Mr. ROSE.

[Transportation. See summary.]

Reference Number: t17890114-51

148. CUTHBERT RUTLEDGE was indicted for stealing, on the 8th of January , sixty-three pounds weight of bar-iron, value 8 s. the property of Godfrey Thornton , Esq .

Second Count. For stealing the same goods, laying them to be the property of Henry William Hobbes and John Watson .

Third Count. For stealing the same goods, laying them to be the property of other persons.

And PHILIP LAY was indicted for receiving the same goods, knowing them to be stolen .

(The Case opened by Mr. Silvester.)

(The witnesses examined separate.)

GEORGE KERR sworn.

I am the mate of the ship Themis ; she trades to Petersburgh; David Nixon was master; she lay at Bell-wharf Tier . On the 7th of January, on Wednesday, between

six and seven in the evening, I was sitting in the cabin; a man on board the next ship, called, and said, here were thieves on board the lighter, which lay at the ship's bow. She was loaded with four hundred and thirty bars; there were eight taken out, and one hundred and twenty-two remained in her; I jumped out of the cabin, and ran upon deck, and went over the bows, in pursuit on the ice, but they escaped; I found one bar on the ice, about twenty yards from the lighter; one of our boys brought the bar back to the lighter; I went on board, and ordered a watch to be set. I did not tell over the bars at that time.

JOSEPH WILLIAMS sworn.

I knew both the prisoners. On Wednesday the 7th, I was at a Mr. Bishop's, a publick-house, about a quarter after six in the evening. Mr Lay was drinking crank, and I was drinking beer. It is in Sun Tavern Fields, about two hundred yards from Cole-stairs. Rutledge came in, and asked me if I would buy two iron bars of him; I had nothing to do with them, and I said I would not buy them off him. Rutledge is a waterman ; then Mr. Lay said, I will buy them. Lay is a Farrier ; they talked together, and went to the door. Rutledge went away, and Lay came in and drank his crank out; after I had drank my beer, Lay asked me if I was going home, I said yes, to get some tobacco; he said he was going to his shop to get a man, and that he had agreed with Rutledge for the iron; afterwards he came to our stables, about five minutes afterwards, and asked me if I had seen any thing of Rutledge, I said no; if he wanted him he would find him about Cole-stairs; in about five minutes I saw Lay come out of Mr. Shepherd's yard, just by Cole-stairs, with a bar of iron; it was then about half past six; then he pitched it against the corner of a house, and said, I think I can carry another, bring me another out; he said it to either Rutledge or Freeman, I do not know which; Freeman and Rutledge were there when I saw Lay coming out; then Lay carried them about forty yards, and pitched them by the side of a house, and said he could carry them no farther. He gave one to Freeman to carry, and the other he carried himself. I did not see Rutledge till we came to Mr. Bishop's, the publick-house; Freeman and Lay carried it to Lay's house. About half an hour afterwards, Rutledge, Lay, and Freeman came to Bishop's; and Lay put his hand in his pocket, and gave them two half-crowns and a shilling; Freeman then said, is this all, and Rutledge replied, no; I got one shilling coming along.

Mr. Knowlys, prisoner Lay's counsel. Was you with them during the time? - No. I walked with them going up to Mr. Bishop's again; about forty yards.

Was Freeman in the stables with you? - No. I never saw him before.

Did not you refer Rutledge to Lay to purchase the iron? - No; that I swear.

Did not you go out with Rutledge to the door? - I can neither say one way or the other.

Do you owe Lay any thing? - Four or five shillings; he asked me for the money, and threatened to set lawyer Dyke to work at me, if I did not pay it.

Was not the money for this bar-iron first offered to you? - No.

Mr. Silvester. You was to have no part of the profits of this? - No, not a farthing.

Court. When Rutledge came in, he first, you say, applied to you? - Yes; Lay heard him talking about bars, and he said he would buy them. I told him I would not buy any thing of him.

Upon your oath, did not you tell him who you would recommend him to? - I did not recommend him to any body.

Remember you have been examined before, and I have your examination in my hand. Did not you tell Rutledge that Mr. Lay would buy them of him? - I told him they would not do for me, they might do for a blacksmith.

Did not you tell him that there was a

blacksmith by, that might want them to shoe his horses? - I think I might.

Upon your oath, did not you tell him Mr. Lay was there, and would buy them? - Yes, I think I did.

Why did you tell that gentleman (Mr. Knowlys) a little while ago, that you did not recommend Lay to Rutledge. Did not Rutledge ask you for the key of your stables to put the iron in? - Yes, he did; and I told him he should not have it. I went to do the horses up.

How came you to go just at that minute? - It was a quarter past six, and I generally go at that time. It is the way to Cole-stairs.

Did not you tell him you was going to the stables? - I did not tell him so.

Recollect yourself? - Yes, I think I did tell him I was going to the stables.

Why did you tell him you was going to the stables? - I might have told him so.

Did you or not? - I think I might.

Why did you tell him so? - He said he was going towards the stables; and when he came to the stables, he asked me to let him put the iron in, and I said no.

What business had you to leave the stables, and go to Cole-stairs? - That is where my dwelling is.

How much did the iron weigh, upon your oath? - I do not know; no more than what Mr. Lay said at the Justice's.

Was not you by when it was weighed? - No.

Will you swear that? - Yes.

THOMAS COLE sworn.

I am a constable. I went to Lay's house about four, and afterwards about half after five in the afternoon of the 8th Instant, and there I found this iron. I am sure it was the 8th. Lay was not at home, and I took Freeman with me, and he picked out some bars, of which I took three away to the office; they were not right; and I left them at the office, and went and took Lay, and brought him to the office; and he said they were not the right bars, and that he would go back and fetch the bars. I found Lay in his shop; he said his name was Lay; he came with me freely. The magistrate sent us for the bars; and Lay shewed me the bars, and brought one of the bars in his own hand; he said he had them from Freeman and Rutledge;

(Bars produced.)

these are the four bars that he himself picked out. I was present at the examination before the Justice; there was no threats made use of, nor promises made to him. I saw Mr. Staples sign the examination, and Lay also.

(Examination Read.)

"Examination of Philip Lay , taken

"before me, John Staples , Esq; one of

"his Majesty's Justices of the Peace, this

"8th of January, 1788, who says he is a

"farrier, and lives in the Back-lane, St.

"George's, Middlesex, adjoining to Sun

"Tavern Fields, Shadwell; that between

"the hours of six and seven last night, as

"he was at Mr. Bishop's, a publican, one

" Joseph Williams asked him if he wanted

"to buy two bars of iron; says he went

"to Williams's stable, in Lower Shadwell,

"where was Williams, who said the iron

"was not there, it was in the street;

"when Cuthbert Rutledge and John Freeman

"brought two bars from a wharf

"near Cole-stairs, Shadwell, in the presence

"of Williams, and put them at the

"side of a house, when Joseph Williams

"bid him take the said bars away; that

"he and Freeman took the said two bars

"of iron to his house, Williams and

"Rutledge accompanying them; that he

"cut said bars asunder, weighing by steelyards

"above fifty pounds, and paid seven

"shillings for them; and that the four

"pieces of iron produced, are of the said

"bars of iron, which he received and paid

"for the night before, as aforesaid.

(Signed.)

" PHILIP LAY .

"Taken before me, John Staples, one, &c."

Mr. Schoen, another of prisoner Lay's counsel. These were open in the shop? - Yes.

The marks were in them? - Yes.

You know they could be taken out in two minutes? - Yes.

(Kerr deposes to the iron.)

It is the property of Godfrey Thornton , Esq. It is of the value of eight shillings.

JOHN FREEMAN sworn.

I am a sailor, an apprentice to Captain Nixon, of the Themis. I asked Rutledge to drink with me at a booth on the ice last Wednesday was se'nnight; I asked him to drink three or four times. I told Rutledge I was going on board again, for I had got no more money; and he d - d me for a fool, and asked me if I could not get none; I said no; and he asked me if there was no iron or any thing like it about the ship; I said yes, there was a lighter of iron along-side; and he said when it was dark he would put me in the way of getting a shilling or two; and if I would be ruled by him, I never should want for money to spend. About six in the evening he went out of the booth, and told me to stop there till he came back; he returned in half an hour, and said he had got a man to buy the iron; we took two bars from the lighter that lay along-side, and carried them over the ice, and laid them against Mr. Shepherd's wharf, Cole-stairs; then he went away and brought Mr. Lay and Joe Williams ; then Mr. Lay and I took the iron, and set it up against the house; Lay said he would carry them both; he carried them a little way down the street, and then said they were too heavy for him; he gave me one of them, and we took them to his house; he bid me stand at the door, and he got steelyards, and weighed the iron; then we went to Mr. Bishop's, the publick-house, and he gave Rutledge two half-crowns and a shilling; I had half the money. I paid for part of the beer, and then we came away. I should think that Lay must know that we did not come by them honestly; he did not know what ship they came from; he knew I was a sailor.

Court. Did Rutledge say any thing about his having got another shilling? - No.

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

Prisoner, Rutledge. Freeman asked me to help him to move the iron, and I did, and he gave me half-a-crown.

The Jury retired for some time, and returned with a verdict,

CUTHBERT RUTLEDGE , GUILTY .

PHILIP LAY , NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17890114-52

149. The said CUTHBERT RUTLEDGE , and one JOHN BUTLER , was again indicted for stealing, on the 8th of January , one hundred and sixty pounds weight of bar-iron, value 21 s. the property of Godfrey Thornton .

A second and third Count. For stealing the same, laying it to be the property of other persons.

(The case opened by Mr. Silvester.)

JOHN GRIMES sworn.

I am a waterman and lighterman. On the 7th of January, I went into a booth on the ice, about twenty-five yards from the ship Themis ; there was Freeman and the two prisoners, and a man that made his escape. I went out of the booth, and returned back afterwards, and saw the two prisoners take two bars, one after another, out of the barge; they carried them to another barge that lie near the shore, and then they came back again, and sat and drank in the booth; they said they had spent seven shillings in the booth, and that they would have forty-seven shillings by the morning; I staid, till three or four in the morning. I heard one of them say,

they are safe enough, take care of the pop, don't let that go off; I went into a boat, and kept a watch, and I heard the prisoner, Rutledge say, Yeo-ho! I heard a bar drop; I pursued after them. Rutledge had one bar, and the other another; Freeman was there a part of the time. I secured two bars that were on the wharf, and the other bar was taken on the ground, by a young fellow.

- FREEMAN sworn.

The bars were taken, at night between twelve and one, out of the lighter. I was on the deck of the ship; it was my watch-night. I am sure the two prisoners were both concerned, and another man. I saw them take the bars out of our barge, and put them in a west country barge.

GEORGE KERR sworn.

I have examined the bars. I am sure the property belongs to Godfrey Thornton , Esq .

Jury. Might not another ship bring some iron of the same mark? - Yes. There were eight missing out of the lighter.

PRISONER BUTLER's DEFENCE.

Rutledge and Freeman asked me to go to the booth. I was very much in liquor, and Freeman asked me to get him some bars out, which I refused.

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

CUTHBERT RUTLEDGE , GUILTY .

Transported for seven years .

JOHN BUTLER , GUILTY.

( Recommend by Jury .)

Whipped , and imprisoned six months .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17890114-53

150. WILLIAM CADDICK was indicted for feloniously assaulting Mary Ann Rowe , on the King's highway, on the 20th of December last, and putting her in fear and danger of her life, and feloniously taking from her person, and against her will, a silk handkerchief, value 6 d. a linen handkerchief, value 3 d. a woollen apron, value 3 d. a linen towel, value 2 d. and thirteen shillings and sixpence in monies, numbered, the property of William Rowe .

MARY ANN ROWE .

How old are you? - I was twelve last Michaelmas.

You understand you are to take an oath, and speak the truth, and nothing but the truth? - Yes.

Do you know what an oath is? - Yes.

What is it? - Sir, if I tell a falsehood, I shall go to hell.

(Sworn.)

Was you robbed at any time lately? - That there young lad robbed me of half-a-guinea's worth of silver, and a bundle.

Did you know the prisoner before? - Yes.

When was it? - On Saturday night, between nine and ten.

How long ago? - It was the Saturday before Christmas; a week or a fortnight ago; the corner of Park-street . The prisoner sent me into a publick-house, and said he came from my father, and that my father had a young lad come out of the country, and not money enough to buy him cloaths; and the publican gave me half-a-guinea. We deal with the publican. I do not know what publick-house it was: I know the house and the landlord. The prisoner came to our house, and called me down stairs, and told me he came from my father, who had sent him to tell me to get two handkerchiefs, and a cloth, and a blue apron. My father is a gardener ; he was down in James-street at that time; then I went to take things down to my father, and the prisoner told me to go to the tallow-chandler's, and get half a pound of cotton eights; and as I was going into the tallow-chandler's, he took my shirt, and pulled me off the step, and took the money out of my hands which I had from the publican; he told me to tell the publican,

that my father would let him have the half-guinea on the Sunday morning. The publican's name is Thomas Palmer .

Did the prisoner take all the money from you? - Yes.

When did you tell what happened? - On the same night. I told my father about half an hour after.

WILLIAM ROWE sworn.

I am a gardner; father to this girl. I know nothing of the robbery, only as the girl, and the witnesses that let her have the money, told me; she came to me in the road, and said that Will Caddick had been and robbed her, and cried very much; she said he sent her to Palmer's, the publican's, to get half-a-guinea's worth of silver, and to the chandler's shop to get three shillings, and he took it all away from her; that was thirteen shillings and sixpence that he took, two handkerchiefs, and a cloth, and a blue apron, which he told her to get at my house, and said I had sent him.

She did not begin with asking you whether the boy had brought you the money? - No She found he ran away, and when she did not see him with me at my cart, [I stand in Oxford-road, selling of a Saturday night] as he told her he had been with me, she said he had robbed her. I had not seen the prisoner for ten months before he did this fact.

Thomas Palmer called, but did not answer.

ANN RICHARDSON sworn.

The child came to our house, No. 6, Adam-street, and borrowed the money; my mistresses's name is Burton; she keeps a chandler's-shop. She came to ask my mistress to lend her three shillings worth of halfpence; my mistress said she had not three shilling's worth of halfpence, and she gave it to her in silver.

LEE COMBY sworn.

I am a watchman. As I was calling the hour of ten, a man gave me charge of the prisoner; the man said he had robbed him, and robbed Mr. Rowe's daughter, and he would send to Mr. Rowe.

Court to the little Girl. Which money did you get first? - The money at the publick-house.

You said just now that the boy sent you into the chandler's-shop, to get some short eights? - That was at the tallow-chandler's; but I had been before at the chandler's-shop, to get the three shillings.

Prisoner. I have nothing to say. I have no witnesses.

Court. How old are you? - Seventeen.

Mary Rowe . He took the money, and gave me one shilling out of the three shillings; when I went to my father, there was never a lad there.

Court to Jury. If you believe this child's evidence, it does amount to that of taking by force from her, which constitutes highway robbery.

GUILTY , Death .

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

Reference Number: t17890114-54

151. JOHN NORRINGTON and WILLIM CRAIG were indicted for burglariously and feloniously breaking and entering the dwelling-house of William Mountford , between the hours of two and six, in the night of the 28th of December , and feloniously stealing therein, a wooden till, value 6 d. nine hundred and sixty half-pence, value 40 s. a linen apron, value 1 s. 6 d. a felt hat, value 5 s. a set of castors, value 5 s. and a pint of brandy, value 12 d. his property .

(The witnesses examined apart.)

WILLIAM MOUNTFORD sworn.

I keep the Blue Anchor, in Rosemary-lane . My house was broke open on Monday, the 29th of December, between two and six. I discovered it on Tuesday morning when I got up about six; I was the first person up; when I went into the bar, I

found the till was forced from it's place. It was not locked, but two long nails were drove through from the top, to prevent it coming out totally: it would come put so far as to put a person's hand in, but not wholly. There was no lock to it.

Was the bar quite inclosed? - Yes; the door of it was not locked. All the halfpence were gone, till and all.

Was there any thing left in the till on the over-night? - It was almost full of halfpence. I had been out, spending the evening, and came home about half past one; my wife and a servant sat up for me. We always examine the till over-night; it holds almost three pounds. When I came down in the morning, the servant went to open the windows; they open into a court; and he found them put to; and, on my examination, I found the shutters of the back-parlour had been opened by a crow, and the bolts which fastened them within-side were wrenched off. The bolts all run from the inside. It appeared to me, that there had been a hole bored in the shutters with a gimblet or an augre, or something of that kind. The window-sashes are within the shutters: the sash was down; there was nothing to fasten it. There appeared to me to have been plain marks of force on that window; that window is between five and six feet high; the window looked into a public paved court. I examined the beaufet in the parlour, and found that had been broke open also. The servant-man fastened those shutters over night; he is here. The castors were gone; and a felt hat, that hung up in the parlour, and an apron, which my wife put into the bar the same night; it was a linen apron, with a particular mark upon it. They drank about half a bottle of rum, and took away about half a bottle of brandy; which I believe was the means of their being discovered. The two prisoners had used my house about three or four months; but finding they had no visible way of getting a livelihood, my wife desired they would not come there any more.

Court. What are you so delicate in Rosemary-lane? - Yes, so delicate to keep away people of this description, if we know it.

I am very glad to hear it. - I have nothing further to say about it; the other witnesses will describe the manner of their being apprehended.

THOMAS ROWE sworn.

I am servant to the prosecutor. I fastened the shutters the over-night, and the bolts; they were all safe at night. I got up in the morning about six, and found the shutter broke open.

EDWARD JOLLY sworn.

I know nothing of the house. I am a watchman, in Bishopsgate-ward. At a quarter past four, almost half an hour, the two prisoners came by me; the tall man came first, I believe his name is Norrington; they came by me in Widegate-street, Bishopsgate-street; and when he came almost to me, he dropped an iron crow: I did not know at that time that it was an iron crow for certain, for there was a deal of snow and ice on the ground, which made the noise not so loud. The shortest man, Craig, stooped, and picked it up. I followed them about a hundred and fifty yards. The tall man, Norrington, slipped down again, aside the place; and the other man, that had the crow, made his retreat back the same ground that he formerly came to: I followed him, and mended my pace; and when he found I gained ground upon him, he dropped the iron crow, and ran away. I went to stoop to pick up the crow, and slipped down on the ice, and hurt my left knee. My light went out, and I called to my comrade watchman to stop him; he stopped him immediately, before he was out of my sight. I said, Bob, hold him fast, for I have got his play-thing. His play-thing! he said he did not know what that was. I went up with the crow. He was taken to the watch-house, and searched; and in his waistcoat pockets there was found a quantity of halfpence: that was the prisoner,

Craig. I wished to go on my stand, to find the other; I went back to the spot where I saw the tall man fall, and there I found him laying; I desired him to get up, but he was intoxicated in liquor. We got him up, and took him to the watch-house; he was searched by the superintendant to the constable, and in his right-hand coat pocket was found a quantity of halfpence, and in his left-hand coat pocket was found a white linen apron. Mr. Bailey took the apron out of the man's pocket, and I believe he has it in his possession now.

ROBERT ROSEMAN sworn.

I am a watchman. I remember my brother watchman calling upon me to take a man that was in Sandwich-street, near Widegate-alley.

How far was the man from your comrade watchman at the time he called out? - I cannot tell directly. As soon as he called out, I stopped him directly.

Was he, at the time you stopped him, in sight of your comrade? - I will not positively say whether he was or no. It was just at the turn of the corner: my comrade was in Sandwich-street; he was out of my sight.

The man that you stopped, at the time your comrade called, what was he doing? He was running. I could not see exactly where my comrade was, but I heard his voice in Sandwich-street, at the corner of Widegate-alley.

Was he sober or drunk? - He was middling. I took him to the watch-house, and the officers of the night searched him; he had a quantity of halfpence. But I cannot tell the name of the man I stopped; it was the tallest man. (Craig.)

THOMAS BANNISTER sworn.

I am a constable. On the 29th it was my night to sit up, and the watchman brought in Craig, and an iron crow with him, and said the other had run away. My brother officer searched him, and I held my hat; and he took out of his pocket twelve shillings and eleven-pence three-farthings, as near as I can recollect; and eight shillings and sixpence, in silver, out of his breeches pocket.

THOMAS MILNER sworn.

I am a constable; I produce the crow.

Court to Jolly. Is that the crow that you found? - Yes, this is the crow, to the best of my knowledge. I put it on the desk, for the officer to take it; Milner took it.

Milner. This is the crow I received from Jolly, and I marked it. By order of my Lord Mayor, with my brother officers, I was desired to go to the prosecutor's house, to see whether the place that was wrenched corroborated with this crow. I went there, and the beaufet, or cupboard, this part exactly fitted with it. I afterwards went round, with my brother officers, and there were three purchases that fitted entirely with this end of the crow.

Court. Would not it have corroborated just as well with any other crow of that size? - It might.

All that you can say, therefore, is, that there were appearances of the beaufet and the shutters being broke open by a crow? - Yes.

FRANCIS BAILLEY sworn.

I took part of these halfpence out of the prisoner Norrington's right-hand coat pocket; and likewise an apron out of his left-hand coat pocket; I believe there is eleven shillings and three-farthings. Here is the apron; I have had it in my possession ever since. The halfpence were found in one pocket, and the apron in another.

Jolly. These halfpence I took out of Craig's waistcoat pocket.

(The halfpence and apron produced.)

Mrs. MOUNTFORD sworn.

This is my apron; my name is upon it. I saw it last, before I lost it, in the desk in the bar.

Can you tell whether it was in the bar over-night? - Yes.

Bailley. I found the apron in Norrington's left-hand pocket.

Prisoner Norrington. I wish to ask of Mr. or Mrs. Mountford, whether they can tell me of any one instance that they know bad of me? - I had forbid them the house.

PRISONER NORRINGTON's DEFENCE.

On the 29th of December last I was asked to go to a club, at the French Horn, in High Holborn, to spend the evening. I went there; and in the course of the evening I came down, and I saw this young man in the tap-room: knowing him, I asked him to spend the evening, and he went up with me. It being Christmas time, and a number of young men there which I knew, I staid rather longer than was prudent, which is the occasion of my coming before this court; and in coming along, a young man asked us to go home with him to his lodging, as we were both in liquor. We agreed to it; but when we came there, it was past two o'clock, and we could not get in. We went into Drury-lane; and there finding a house open, we had a glass, and made the best of our way to Spitalfields, this young man coming along with me; he said he did not know what to do; I told him I believed I could get him into my lodgings. At the end of the new cut which leads to Bishopsgate-street, he stopped behind; I did not miss him for some minutes; I walked on slowly, and came to Long-alley; I called, and he did not answer. On my calling, two men came from out of the ruins, where they where building. I knowing he was behind, thought to wait for him; accordingly, I went up to this part to ease myself, and I saw something lie white on the ground, which I found to be these halfpence and the iron crow. I took it up; this young man called after me; I took the halfpence. Seeing the watchman in the street, I threw the iron bar on the ground; thinking it was a dangerous thing, and of no consequence. Turning down Catharine-wheel-alley, being very much in liquor, I tumbled down; and was stunned, which the watchman knows: nor did I know this man was taken, till I saw him the next morning in the Poultry Compter.

Court. What way of life have you been in? - I have lived with some of the first master hair-dresser s, or barbers, which you please to call them.

PRISONER CRAIG's DEFENCE.

On Monday the 29th of December, being very sharp frosty weather, and having had no employment for some time, I went to this house.

Court. In what way of life have you been? - In the earlier part of my life, I was put apprentice to a bricklayer; but having had a fall, and not having served above a twelvemonth, I left it, and have since lived servant with several eminent merchants in the city; which is, Mr. Angerstein, and Mr. Thompson. I went abroad to Africa, along with the black poor, to that new settlement, Searleone. Mr. Angerstein not having a vacancy in his family, he wished me to go to work, to one Mr. Sudor, at Greenwich; which I did, till the frosty weather set in so intense, that I came up to town to see for employment; and I had a suit of cloaths, which Mr. Angerstein had made me a present of; and I took those cloaths to a brother of mine, and sold them to him for one guinea. He not having gold nor silver enough, he made an agreement to pay me part in halfpence, and part in silver. I told him I had no objection to take the halfpence, if they were good; he said he would not promise that, but what had halfpence there were among them he would change, and give me silver for them. I received thirteen shillings in halfpence from him; they were done up in papers; I counted them, to see if the quantity was there, and put them loose in my pocket, with intention to take them home: and going from there

across Bishopsgate-street, I met with one Mr. Bond, who was second mate of the Vernon, the ship I went abroad in; he invited me to go into a public-house: I went with him to the top of Oxford-street, to see his sister; there I dined, and stopped till about seven; when I parted with him, as he was going to stay there all night. I came to the French horn, in Holborn, and sat down in the tap-room, and called for a pint of beer. This other prisoner came down stairs; he knew me before, and asked me to come up and spend the evening with him; which I did. We stopped there till nearly two in the morning. There being a young man there, a friend of this young man's, who saw we were both intoxicated, he invited us to go to his lodgings, in Great Wild street; when we came there, he could not make his landlord hear. I wished to get home, being uneasy at having the halfpence in my pocket. We three, I believe, had a glass or two at the bar of a public-house, and then we parted with the young man; and coming along with this prisoner, he said I might go and sleep with him; which I agreed to. Upon coming through Moorfields, just by the watch-house, I stopped: I heard some noise in the watch-house; I went round to see what it was. There was some watchman had taken up some girls of the town; I stopped some time looking at them, thinking this young man was with me; but he had got before me I followed him across Bishopsgate-street, towards the end of Wide-gate-street, he stepping rather on before me, and I coming up behind, kicked against something with my foot; I stooped, and picked up that iron bar. I followed him down Catharine-wheel-alley, nearly towards the bottom of it, where I entirely lost him. Not knowing where his lodging was, I concluded to go back to a night-house in Bishopsgate-street. I had this iron bar in my hand, which I dropped down; it might feel cold to my hand. Coming out at the end of Wide gate street, the watchman stopped me, and searched me, and found the halfpence, and eight shillings and sixpence in silver. The prosecutor said he had lost no silver, and the Lord Mayor ordered me to have it again. Nor did I know that this young man, while he was absent from me, had picked up that apron, or these halfpence, or the bar.

JOHN CUNNINGHAM sworn.

I have known the prisoner Craig for some years; I always knew him to be a very sober, industrious man; I never heard any thing against his character. He worked for Mr. Sudor, which he has mentioned, last summer. Mr. Sudor is now a petty constable, and obliged to attend at quarter sessions. He was discharged, about a month ago, for want of work.

CHARLES TIBBALD sworn.

I live at Greenwich. I know Craig; he lodged at my house about eleven months; he always paid me extraordinary well, and kept very good hours.

Court to Norrington. Where is that young man that was with you at the French-horn? - He is a hair-dresser, and I suppose he is busy.

You have opened a fact, which you might have proved by all the people that were assembled there, that you spent the whole of the evening at the French-horn; have you any of those people here? - No.

Court to Craig. You say you have a brother, to whom you sold your cloaths for a guinea, and that he paid you in halfpence and silver; is he here? - He would very willingly have attended, but he is gone into the country, to a sale.

JOHN NORRINGTON , WILLIAM CRAIG ,

GUILTY , Death .

Tried by the second Middlesex Jury before the LORD CHIEF BARON.

Reference Number: t17890114-55

152. THOMAS NEALE was indicted for stealing, on the 14th of January , two brass cocks, value 1 s. and forty-pounds

weight of lead, value 5 s. a leaden pump, value 30 s. belonging to Joshua Gibson , Joseph Hetherington , and Lewis Pingo , affixed to a dwelling-house of theirs ; he having no title, or claim of title, thereto.

The prisoner was seen coming out of the premises, and was pursued and taken, with three brass cocks in his pocket, and a piece of a leaden pipe. There was another man with the prisoner; who, on being pursued, flung some lead into the ditch, and made his escape.

(The lead deposed to by Mr. Trot, having compared it; he also deposed to two of the brass cocks.)

PRISONER's DEFENCE.

I picked it up.

GUILTY .

Tried by the first Middlesex Jury before Mr. ROSE.

[Transportation. See summary.]

Reference Number: t17890114-56

153. JOSEPH DORREL was indicted for burglariously breaking and entering the dwelling-house of John Jefferson , about the hour of ten in the night, on the 26th of December , and stealing one cotton bed-quilt, value 6 d. a sheet, value 6 d. a shirt, value 6 d. and a curtain, value 6 d. the property of one Charles .

This indictment being defective, not having the sur-name of the prosecutor, the prisoner was ACQUITTED .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17890114-57

154. CHARLES LEE was indicted for feloniously stealing, on the 20th of December , a black mare, value 20 s. the property of William Suddenwood .

Second Count. For stealing a cart, value 42 s. his property.

The prosecutor left his cart in Oxford-street , while he went to take up a load of rabbets dung; on his return, he missed his cart, and overtook the prisoner driving it towards the Green-yard, about fifty yards from the Green-yard.

NOT GUILTY .

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

Reference Number: t17890114-58

155. MARY WADE and JANE WHITING were indicted for feloniously assaulting Mary Phillips , on the King's highway, on the 5th of October , and putting her in fear, and feloniously taking from her person, and against her will, one cotton frock, value 3 s. one linen tippet, value 2 d. one linen cap, value 2 d. the property of John Forward .

MARY PHILLIPS .

Court. How old are you? - Eight years old.

Do you know what you are come here for, child? - Yes.

What are you come here for? - About my frock.

Will you tell me the truth about it? - Yes.

Do you know the difference between what is true and what is false? - No.

Let us try if we cannot go on without her. Call the next witness.

JANE FORWARD sworn.

I am wife of John Forward . When I came home from my labour, on Friday, I enquired for my child, and a boy told me he sent her to the Treasury for a bottle of water; that was the 5th of this month. I came home at half after five; I live in

Charles-street, Westminster; the child was not at home.

Does she live with you? - She is my child; she is eight years old next April.

Is she a sharp child of her age? - Yes.

Have you taught her any thing? - She has been in the country from me four years; I fetched her home in August last.

Have you taught her to say her prayers? - Yes, she can say her prayers.

Have you taught her to say her catechism? - Yes. I sent the boy to look for her; he went, but could not find her: then I went myself. When I came to the door, to go out, I met her at the door crying, saying, mother I have been robbed. She had no frock, no cap, no tippet. I asked her where; she said at the privy, in the Treasury . And I asked her how she came home; she said, there was a gentlewoman came with a light, and two boys; then she knew where she was. The boy's name is John Phillips .

JOHN PHILLIPS sworn.

I am brother to the girl. She went out, that afternoon, a little before five; my mother came home about half after five. The girl went out for a bottle of water; I sent her out: she had a frock, cap, and tippet on. I saw her no more, before my mother came home; I saw her afterwards, without her frock and cap.

CATHERINE M'KILLAN sworn.

I was standing at the bottom of New Pye-street, Perkins's Rents, where we live. At the bottom of New Tothill-street I met the two prisoners; and we used to go to the Treasury very often, to get two or three halfpence; and I asked them why they did not go; and the big one made answer, I will not go for this good while; and the little one said she would not. Then I asked them what they had done, and they said, nothing; but I promised them I would not tell; and they told me they took a frock, a tippet, and a cap, off a little girl, in the Treasury. And says the little one, (that is, Mary Wade ) here is the cap and the tippet; and she said the frock was at Mr. Wright's, in the Almonry, in pawn for eighteen-pence, and she had tore the duplicate; I did not see the duplicate. Then Wade said, I wish I had not not done it, to the big one; and the big one said, it was your own fault. Then the little one said, I was in a good mind to have chucked the child down the necessary; and I wish I had done it.

How long have you known these two girl s? - I have known the little one a twelvemonth, and the other about ten months. The little one was taken up before, for stripping a child, and chucking her into a ditch; only she was too young. This was the Monday evening, the Monday before last, between six and seven o'clock; it was the same night it was done.

Did they give you any part of the eighteen-pence? - No, Sir; I never had a farthing.

When did you tell of this? - The Saturday.

Who did you tell it to? - This gentlewoman; I went to her.

How came you to go to her? - They told me the child lived in Charles-street, at the shoemaker's; and there is but one shoemaker's in Charles-street.

Had you and they quarrelled between that day and the Saturday? - No, Sir; we did not quarrel at all.

How came you to go? - I only went because I thought the gentlewoman would have her property again, the child's frock, and cap, and tippet.

Had you no other reason for going than that? - No, Sir.

Who advised you to go? - Nobody advised me to go, and nobody told me; but the woman that took the cap off her head, that little one, robbed her of every thing she had; and Mrs. Matthews took the cap off the little one's head, and said she would ask the gentlewoman. Them two girls, and a boy that was in Bridewell, were telling of it; and Mrs. Drummond, Mrs. Matthews's mother, heard them talking

of it; and when they robbed her, she went to the board to try to get a shilling or sixpence; and she tied a string about her door, and the little one owned she untied it and took her things; then Mrs. Drummond asked her where they were, and she would never tell; so she told me; both the prisoners, and another boy that is in Bridewell, told Mrs. Drummond themselves; and when the little one would not pay Mrs. Matthews a shilling, she took the cap off her head, and said she would tell this prosecutrix. I know Mrs. Matthews; she did not advise me to tell the woman in Charles-street.

MARGARET TINDALL sworn.

I was getting things ready for washing, and I took a light down to the wash-house, that joins to the privy; there were two children, one ran by me. I went into the yard to see if there was any water, and I heard a child cry, and I went into the privy, and there I saw a child stripped of her frock, tippet, and a cap. I asked the child how she came there, she told me a girl brought her there and stripped her; I told her I thought she knew them, and belonged to them; she said she did not; I let her out of the place, and told her to be a good girl and go home. There was a girl run out by me very quick.

JAMES KIMBER sworn.

I took the frock in pledge on Monday, the 5th of January, in the evening, between six and seven; I think it was a person like the tall prisoner, but I cannot swear positively to the person; it was pledged in the name of the shortest, Mary Wade ; I do not recollect seeing any more than one, nor I cannot recollect the person.

Do you recollect the dress and appearance of the person who pledged it? - No.

A stranger to you? - Yes.

Are you a servant to Mr. Wright? - Yes.

What kind of a frock was this? - Here it is, a dark cotton.

Was it a young person? - Yes; a young person, and like the tall prisoner.

Look at Catharine M'Killan ; was it her? - No, it was not.

Was it a decent person, or a ragged person? - I cannot recollect; I could not recollect when I was before the magistrate.

Do you make a point of taking in every thing, from every body? - No; we ask them many questions when we take them in; it being a week afterwards, I could not recollect the person; I endeavoured before?

Court. In the way you carry on that business, it is a very dangerous one to the publick; your house may become the repository of all the stolen goods in the town.

JOHN TAYLOR sworn.

I am an officer of St. Margaret's parish. This M'Killan, and this little girl, came to my house about a quarter past ten last Saturday night, and M'Killan telling me the story she has related, I said, are you sure you are right; she said I will shew you. I went to apprehend the parties. I went to the woman that had the cap, the corner of the court, just by where the other girl lived; I do not know her name; then I went to the lodgings of the little prisoner, thinking to get it out of her; there I found the child's tippet in the room; from there, the girl went along with me, and we apprehended the tall prisoner; and the little prisoner told me, that the big one wanted her to put the child down the necessary. I put them both into Bridewell. I went to the pawnbroker's that night, and saw the frock.

(The things deposed to.)

To the child's mother. I suppose your child at present is maintained by your husband? - Yes. They are all the things that she lost that night.

Court to the child. Has your mother taught you to say your prayers? - Yes.

And your catechism? - No; I cannot say my catechism.

You have told me, do not you know, the

difference between telling a lie, and telling the truth? - Yes.

Will you be sure to tell me the truth, to tell me all you know about this? - Yes.

You know, when you say your prayers, you pray to God to take care of you, and to protect you? - Yes.

Well, and he will be good to you, if you speak the truth? - Yes.

And if not, you must expect to be punished? - Yes.

Now, remember, you are going to promise before God, that you speak the truth? - Yes.

Court. Give her the oath.

(Sworn.)

Now tell me how you lost your frock, and your cap, and your tippet? - John sent me to the Treasury-yard for a bottle of water, there I saw these two girls, and they asked me to fill the bottle for me, and so they broke it; and they took me into the necessary, both of them, and said they would get me another bottle, and bid me not cry; and the little girl pulled off my cloaths, and the biggest girl staid with the boy; and the little girl pulled off my petticoats, and put them on again; and the great girl staid till the boy came with the bottle of water.

Had you ever seen the girls before? - I saw the little girl sweeping the streets.

How often? - A good many days; almost every day I went to the Treasury.

Had you ever seen the great girl? - No.

You did not know her? - No.

Do you know either of them now? - I know the little girl.

When did you see them afterwards? - Not for a good while.

Did you ever see her again? - No.

Was you before the Justice? - Yes; and the big girl too.

Were the two girls that were before the Justice either of them that stripped you? - There was the little girl that stripped me.

Was that the same little girl that you saw before the Justice that stripped you? - Yes.

As to the great girl, you do not know any thing about her? - No.

How came you to let them strip you? - I did not know but they would give me another bottle; they bid me not cry; the little one did.

But you knew very well they had no business with your cloaths? - Yes.

Why did you let them? How came you to let them take away your cloaths? - I thought they were going to put on my cloaths again; and they ran away with my cloaths instead of putting them on again.

How came you to let them take them off? - I did not know they were going to strip me.

But you know they did take off your frock? - Yes; and they took off my two petticoats, and my pocket, but they put them on again.

That was all that they did to you? - Yes.

Nobody beat you? - No.

Nobody hurt you? - No.

Court to Mary Wade . How old are you? - Going of eleven.

Are not you older than that? - No.

Have you no friends? - Yes.

Are they not here? - No; they live at Westminster; they was here to-day, only they could not come in to me.

PRISONER WHITING's DEFENCE.

I am going in fourteen: I have no friends.

Have you a mother? - Yes; she lives at Westminster, in Peter street.

- WADE.

Are you the mother of that child? - Yes, I am indeed; she was ten years old last December. I have a husband, he is a drover.

Court. I hardly can ask you how your child has behaved; for I am afraid you are as much in fault as she is, by not taking proper care of her, and keeping her at home, and making her industrious; letting

her run about the streets, was the sure way to lead her to the place where she is now; therefore I ought rather to ask you, what you can say for yourself then for her? - It is the other girl that induces her out, when my back is turned, to go a begging with her. I never brought her up to go a begging; all the butchers know me well. I have a great family of them.

I hope you will take better care of the rest, or else they will all come to the gallows.

Court to Jury. Gentlemen, I am distressed how to state to you, that this is a less crime than robbery; because, though there is no such violence as would affect the constancy of a grown person, or alarm them; yet the very circumstance of such a child falling into the hands of two strangers, young as they are, standing over her and stripping her, does seem to me to be equivalent to holding a pistol to the breast of a grown person; therefore, I cannot state it to be any thing less than robbery; the consequence of that is, that they must answer it with their lives. Therefore you are to consider, whether the fact is sufficiently established against both or either of these prisoners. Now, that this child was drawn away into this privy by somebody, and was there stripped of her cloaths, stands so clearly established, that there can be no doubt about it, upon the evidence of Mrs. Forward.

Here the learned Judge summed up the evidence, and then added -

For the sake of example, I cannot recommend to you, if you should be of opinion that the crime is sufficiently fixed upon them, I cannot recommend to you to say, it is of a less degree of attrociousness than robbery: the tender years of these persons may be a circumstance to be attended to in other views; but as to the denomination of the crime, I think it would be a dangerous thing to society, if you were to be induced, by any humanity, to lower the offence at all below the rank of actual robbery. So that if you say, that they are both, or either of them guilty, I think you must say they are guilty of the crime for which they stand indicted, robbery, and not larceny.

MARY WADE , JANE WHITING ,

GUILTY , Death .

Tried by the first Middlesex Jury before the LORD CHIEF BARON.

Reference Number: t17890114-59

156. JOHN BYRNE was indicted, for that he, on the 4th of December last, did falsely and feloniously utter and publish as true, a certain false, forged, and counterfeited letter of attorney, with the name Patrick Donnaghue thereto subscribed, dated 16th July, 1786, witnessed by T. Wright, mayor, with intention to defraud Charles Pinkstone , well knowing the same to be forged .

A second Count. For uttering the same, with intention to defraud Henry Mattocks .

CHARLES PINKSTONE sworn.

I am a navy-agent . On Thursday, the 4th of December, the prisoner brought me a power of attorney, saying he wished me to receive what was due upon it; I looked at it, I saw it to be the power of attorney of Patrick Donnaghue , late belonging to the Tartar frigate, the prize-money for which ship was paying on that very day; from the appearance of the power of attorney, I suspected it to be a forgery. He asked me if I had seen Ann Beach , I said no, nor did I know her; he came in soon

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

Reference Number: t17890114-59

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 14th of JANUARY, 1789, and the following Days;

Being the SECOND 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 II. 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; and J. BELL, Royal Exchange.

MDCCLXXXIX.

THE WHOLE PROCEEDINGS UPON THE

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

Continuation of the Trial of John Byrne .

after, and brought a little woman with him, whom he called Ann Beach ; she said, in the prisoner's presence, that was her name, and she was the attorney. I desired them to go to a publick-house adjoining; I went and tendered the letter of attorney, where the prize-money was paying; and I returned to the prisoner, whom I found with the woman; and I told him to call on me at the Artichoke, and bring the woman with him; the prisoner agreed, but the woman refused, saying she was a servant, and would call another day. The prisoner came to the Artichoke, and tendered the power of attorney, which, I believe, is in the possession of Mr. Mattocks.

HENRY MATTOCKS sworn.

The last witness applied to me with a letter of attorney; I suspected it; about two or three in the afternoon the prisoner came, and said the woman was gone home to her place; I told him I would pay nobody but her; he said he would go and fetch her; he came back between five and six, and said he could not find her; he said she told him she was a servant in the Borough, but he did not know where she lived. This is the power which Mr. Pinkstone tendered to me.

(Read and examined by Mr. Garrow, prisoner's counsel.)

Mr. Garrow. Did you ever see that woman after? - I never saw her before.

Did you see a man of the name of Lyons? - I did see him when he was brought before Sir Sampson Wright .

What is become of him? - I believe he is in custody.

Did you hear Lyons examined? - I did.

The prisoner came to you as other agents do? - Yes; he said it was given him by Beach, the attorney, in the presence of Lyons and one Hagan, at Hagan's lodgings; I presume Lyons was apprehended by the prisoner's friends; the prisoner told the same story.

Have any attempts been made to find Beach? - Not by me.

JOSEPH GARDNER sworn.

This is not Mr. Alderman Wright's hand-writing.

Mr Garrow submitted, that there was no proof that this was not the hand-writing of Donnaghue.

Prisoner. I received this power from Lyons and Hagan together; Lyons gave the power to Ann Beach, and desired me to go with her to any navy agent; and I went with her to Mr. Pinkstone.

Court to Jury. There being no tittle of evidence to prove who this Patrick Donnaghue is, or what connection he has with this woman, Ann Beach, undoubtedly the evidence is very slight; for aught we know Donnaghue himself may have fraudulently uttered this deed, pretending it to be executed before the Lord Mayor, when in fact it was not.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17890114-60

157. MICHAEL LUCAS was indict- for feloniously assaulting Mary Thomas , on the 2d of December , on the King's highway, and putting her in fear, and feloniously taking from her person, and against her will, a silk cloak, value 2 d. her property .

The prosecutrix called, and not appearing, the prisoner was ACQUITTED .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17890114-61

158. ANN HANNAWAY , JOHN HAPPY , and RICHARD COLE , were indicted for burglariously breaking and entering the dwelling-house of Ann Hilton , about the hour of seven in the night, on the 29th of December last, and burglariously stealing therein, two silk gowns, value 30 s. one silk and cotton ditto, value 10 s. a printed cotton ditto, value 5 s. a callico petticoat, value 10 s. a flannel petticoat, value 18 d. a pair of stays, value 7 s. two muslin aprons, value 15 s. two muslin handkerchiefs, value 1 s. four yards of lace, value 8 s. one silk cloak, value 2 s. a silk bonnet, value 6 d. a silk pin-cushion, value 1 d. a shift, value 2 s. one linen check apron, value 1 s. a linen handkerchief, value 4 d. three linen sheets, value 10 s. one woollen blanket, value 4 s. two feather pillows, value 3 s. one bolster, value 2 s. a damask table-cloth, value 5 s. five yards of printed cotton, value 12 s. a cotton bed-gown, value 5 s. a head cloth, value 2 s. a cotton tester-cloth, value 2 s. a footman, value 1 s. 6 d. a pair of tongs, value 1 s. a shovel, value 1 s. her property; one man's cloth coat, value 8 s. three linen handkerchiefs, value 1 s. 6 d. two shirts, value 2 s. a pair of stockings, value 1 s. a hat, value 8 s. a silk hat-band, value 1 d. a hat-buckle, value 1 d. a pair of breeches, value 10 s. a dimity waistcoat, value 1 s. a velveret ditto, value 1 s. 6 d. one printed cotton waistcoat, value 4 s. one silk ditto, value 1 s. the property of William Hilton , in the same dwelling-house .

(The Case opened by Mr. Schoen.)

ANN HILTON sworn.

I am a widow . I live in Silver-street, White Fryers ; I went out between two and three in the afternoon; I secured my apartment; I locked my door, and put a padlock on it; then I turned down the latch, to see if it was fast. The house belongs to the Earl of Radnor. We are all lodgers that are in the house. It is let in separate tenements. I have two rooms in the lower apartment; I always bolt my windows when I go out, every one; I am sure I left my room secure; I returned about a quarter before eight. When I came home, the door was bolted; Mrs.

Shepherd came down and opened it, and said she was afraid all was not well; she lived in the one pair of stairs; my own door was about half open; I did not go in at first, I went up stairs with Mrs. Shepherd, and she and the gentleman up two pair of stairs, went in; and the first thing I saw, was two flat irons, standing on the ground; I durst not go any further; I went back: a little while after, I went in to the parlour, and any drawers were entirely empty; there were nothing in them but papers; my cloths and my son's had been in them drawers before; they were all taken away; the officers had some of the things which I have seen. I did not miss every thing at first, till I came but again; then I missed the blankets, bolster, and two pillows; then I missed my footman, tongs, and fire-shovel; then I missed one curtain of the bed and the tester, and head-cloth; I cannot say I missed any thing more than my son's cloths. The lock was either picked or opened with a false key; it was not broke; the padlock was opened and hung on a ring; my son went to Bow-street; he gave information, and the prisoners were taken. I saw my property again on the Wednesday; it is here. This happened on Monday evening, the 19th of last month; and on the Wednesday following, I saw some of my things at Mr. Wilmot's office in Shoreditch. I saw my footman and my bolster at the prisoner, Hannaway's room, where one of the officers took me; I believe that was on the Thursday.

Prisoner's counsel. Who lives in your apartment with you? - My son.

What age is he? - Twenty-three.

Does he pay any part of the lodging? - No. It is my lodging.

MARY SHEPHERD sworn.

I live in the same house with the prosecutrix. I occupy a tenement there. On the 29th of September, I was coming down-stairs, in the evening, about six o'clock, to light a gentleman out, and I saw her door safe, and all fast.

What did near you to observe the door? - Sometimes I am up and down stairs twenty times in the day, and I observe it on account of my neighbours, because her door is near the stairs; and between seven and eight, I went down, and saw the door open, and the padlock hanging.

Did you happen to know that Mrs. Hilton was out that afternoon? - I did not know she was out; then my fright was so great, I hastened up stairs as fast as I could to call assistance; and about two minutes after this, when we came down stairs, the fore-door was wide open, and all her things were gone; that was about half past seven. I am sure, upon my oath, that at six I saw the door secure.

Court. Who bolted the street-door? - That was after the robbery was committed. I do not know whether I did, or whether the man up stairs did.

Prisoner's counsel. You did not try the door at all as you went by? - Yes, Sir; I always do when I turn to go into the yard; I put my hand to it, and it was safe, and the padlock on.

RICHARD SHAW sworn.

I live near this tenement. I remember the night of the robbery. I live at No. 7, Silver-street, White Fryers, next door but one. On that evening, about seven or ten minutes after, I went to the door to go down further into the Fryers, to a house there, and I observed a person standing at Mrs. Hilton's door; I was going to speak to him; but I saw it was some stranger, and I did not go any farther; my situation might be about eight yards distance. I went to the office with the prosecutrix; the goods were shewn to her; they were owned; and I went the day following, when the prisoners were brought up, and seeing the prisoner at the bar, it struck me the middle prisoner was the man I saw; I believe he is the man; his name is Richard Cole .

Prisoner's counsel. You do not mean to be positive? - I do not, not on my oath; but in my own mind I am satisfied of it.

When did you see him afterwards? -

Not till the Saturday following. I cannot say positively that he is the man; I saw no more than one.

JOHN ARMSTRONG sworn.

I am an officer at Mr. Wilmot's. I, in company with Lucy, Shakeshaft, and Harper, on Tuesday, the 30th of December, went to the lodgings of Hannaway, by information; we found a quantity of goods. Harper and Lucy were in the room. There was a knock at the door; that was about eight; we were there before day-light. Lucy and Harper went down stairs: I heard a noise; I went to the assistance of Harper; I took Cole from him, and brought him up stairs, and searched him immediately; and found in one pocket this black silk cloak, and this waistcoat in another.

Was it you or the other officer that knocked at the door first? - All of us.

Did you get in immediately? - No, Sir, they answered, they would not let us in, Lucy called to me, they are throwing something out of the window: I being the lightest, went round, and secured the property.

Was there any body with Cole? - I was not soon enough; they took him from Harper directly.

Did you find any thing in Hannaway's lodgings? - I saw a number of things found, which Shakeshaft has got. The things that were thrown out, are nothing in this business at all. I searched the prisoner Happy, after he was brought up by Lucy and Harper: I found this pincushion upon him; that was all I found upon him; that was in his pocket. I asked Cole where he lived; he gave me his key, and and a direction to Marybone; I went, but could find no place. Happy refused giving us any answer at all. I never found their lodgings.

Prisoner's council. What alarmed you first, was a noise in the street? - Yes. Here is a bit of lace, which I found in Cole's pocket; it was doubled up.

Prosecutrix. These things are mine; this bit of lace I know; I sewed it together to make a lappet to a cap; I have had it many years; I could swear to it any where; and I know it by having sewed it together: there are two yards of it, and another two yards of another sort. The cloak I know by my own mending and making. The waistcoat I know; it is my son's: I put a piece of dimitty down the back, to keep him warm, one day when it was cold.

Mr. Hilton. I know this waistcoat perfectly well; I am sure it is mine.

JOHN HARPER sworn.

I am another officer of Justice Wilmot's. I went, in company with Armstrong, and Shakeshaft, and Lucy, on Tuesday, the 30th of December, to these lodgings. We were there some time before the door was open. Me, Lucy, and Armstrong, were up in the chamber, looking over a many things that were there; and I heard somebody knock at the door: I went down to see who it was; Lucy came down after me; and as soon as I opened the door, I saw Cole and the other prisoner at the door with these two bundles in their hands; Cole had this, and Happy had this. I laid hold of Cole, with the bundle; the other threw the bundle down, close to my feet. Lucy pursued him, and took him within a few yards, in my presence. I saw this bundle in Happy's hand. There were some things found in Hannaway's room belonging to the prosecutrix; Shakeshaft has them. This is the bundle that Cole had.

(Opened, and shewn to the prosecutrix.)

I know this handkerchief, by cutting it out in the neck: it was very large; and they were not worn so large then.

Court. Pick out two or three of the things that you best know, and can give the best marks of; but you may speak generally, as to your belief, of the rest.

This apron I know by a little darn at the bottom; I know it by that, and the binding of it is my own. This cotton

gown is mine. I can swear to it, by mending it and wearing it; I know the gown.

Have you looked over the other things in the bundle? - Yes; and what I said was mine, is mine.

What are the rest of the articles in the bundle? - These belong to my son.

Mr. Hilton. This is my coat; I know it by the buttons, and a kind of seam that I think is under the left-arm. They are remarkable buttons, in the shape of a heart, inlaid with white; and a piece of cloth has been cut out of the pocket, and seamed under the right-arm. This waistcoat I know is mine.

Court. Now remove these things, and open the bundle that Happy had.

Mrs. Hilton. This is my sheet; I know it by my making, by the hem: they are not marked; there is another, the fellow of it.

Mr. Hilton. These breeches are mine; they are jean; and they have been stained by tea, just under the pocket-hole, which has made a white mark, and I know them by that; I am quite certain of them.

JAMES SHAKESHAFT sworn.

Here are some things that were taken out of the prisoner Hannaway's room. We found this hat, and this sheet, and these handkerchiefs, before the men came there; and this other sheet, this footman, and this bolster. When Mrs. Hilton came to the office, I recollected the footman being in the room, and I took the prisoner out of Bridewell; she had the key, and took Mrs Hilton to the room, and these things were there. When we got up into the room, after she opened the door, I said to her, who lives here? says she, me; says I, nobody else? no, says she, nobody else. I asked her who the goods belonged to; she said, to me. I went to fetch a person that had broke open another house, on Saffron-hill; and, in the mean time, Harper and Lucy had taken Cole and Happy. We asked her who these things belonged to, and she said they were her's. After we had found them, and the things were owned, she said somebody had brought them there.

Prosecutrix. That footman is mine, and this bolster is mine, and this is the fellow to the other sheet; and this I had just turned, and it is worn on one side.

What was the value of the whole property that you lost? - Upon my word, I did not put down the value particularly.

Mr. Fitzpatrick. The value is about eight pounds.

Mr. Schoen. Are they of the full value you have laid them in the indictment? - They are.

Court to prosecutrix. Who carried on this proseution? - I cannot afford to do it.

Who advised you? - My son went to the office to give information; and that was the way it was done.

Why did not you indict the woman for receiving these things, knowing them to be stolen?

PRISONER COLE's DEFENCE.

I was going along this morning that I was taken, and I met a shoemaker, a young man, that had a pair of shoes of mine to mend. Happy was with me; he gave me the two bundles to take to his room, and he said he would give me a pair of shoes he had to mend.

PRISONER HAPPY's DEFENCE.

I say the same, that this young man gave me one of the bundles. Knocking at the door of the shoemaker's room, this man came and opened the door, and knocked me down.

The prisoner Happy called one witness to his character.

ANN HANNAWAY , NOT GUILTY .

Ordered to be detained, to be tried for receiving part of the same goods, knowing them to be stolen.

JOHN HAPPY , RICHARD COLE ,

GUILTY , Death .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17890114-62

159. The said ANN HANNAWAY was indicted for feloniously receiving, on the 30th of December , one linen sheet, value 3 s. one feather-holster, value 2 s. one iron footman, value 1 s. 6 d. the property of Ann Hilton ; one man's hat, value 8 s. the property of William Hilton , parcel of the afore-mentioned goods, for which John Happy and Richard Coe were convicted, knowing them to have been stolen .

ANN HILTON sworn.

My house was broke open the 29th of last month.

Was there among the things you lost a linen sheet, bolster, and a footman? - Yes.

Were these things ever found again? - Yes, they were found in a woman's apartment; I was there. They were found the Tuesday after my house was broke open, on the Monday evening, the 29th of last month. They were found up one pair of stairs; the footman was found by the fire, and the bolster about half way under the bed. I do not know where the sheet was found.

JOHN ARMSTRONG sworn.

On Tuesday, the 30th, I went, in company with the other officers, to the prisoner's apartment, in a one pair of stairs. We found a man's hat, and a number of other things; among which, Mrs. Hilton owned a sheet. We then hearing of other things, took her to the room: she pointed out the footman and the bolster; but the man's hat and sheet were taken in the morning; Shakeshaft has had them, and has them now. While we were there, there was a knocking at the door; Harper and Lucy went down, and took Happy, and in his pocket I found her cloak, and likewise a waistcoat, which was part of her goods; particularly, I saw a bundle brought in by the other officer, which contained a number of things that had been taken from the prosecutrix's house the night before. They were the same two men that were convicted here; they were taken up in the presence of the prisoner. She was particularly asked who lived there; she said nobody but herself; she said the apartments were her own. And whenever we wanted any thing; we took her out of prison, and let her lock her own door. They desired to have some gin; and the two prisoners and she drank together.

They appeared to know each other? - Very much so. She would give no answer how the things came there.

JAMES SHAKESHAFT sworn.

I went with the other officer; the prisoner opened the door; and the first thing I saw in the room was this sheet: this sheet I packed up with a great many other things that were brought to the magistrate.

(The sheet deposed to.)

Prosecutrix. I have turned the sheet; it was worn on one side. I know the bolster and the footman: the footman was broke; I had it mended; I am clear it is mine.

WILLIAM HILTON sworn.

This is my hat. I bought it in the form of a cocked hat; then I had it put into a round hat.

PRISONER's DEFENCE.

The lodging is not mine; I unluckily laid there that night. Here is a gentlewoman whose lodging it is. They made me keep the key.

MARY HUMPHRIES sworn.

I live at the Hole-in-the-Wall Passage, Baldwin's-gardens, No. 2.

Court. Now take care what you say. I do not know whether you have been in court, and heard the evidence? - Yes.

Do you know any thing of this apartment where these things were found? - Yes, I do; my husband keeps them; we have the letting of them.

What had the prisoner to with them? -

I do not know any thing of her; she was not the woman that came with the shoemaker to take the room; nevertheless, she was frequently there. She was not the person that came with the shoemaker to take my rooms; she lived in the rooms.

Who kept the key? - I do not know; she was up and down.

- WOODCOCK sworn.

I live in Snow's-fields; I take in washing. I have known her upwards of three years; never saw any harm of her. She went out a charing; I employed her often myself.

MARGARET RICHARDSON sworn.

I keep a house in Marybone; my husband is a taylor. I have known her ever since she was a baby; I never knew any harm of her.

GUILTY .

Transported for fourteen years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17890114-63

160. ROBERT COX was indicted for feloniously assaulting William Moore , on the King's highway, on the 11th of December last, putting him in fear, and feloniously taking from his person, and against his will, a silver watch, value 30. a cornelian stone seal, set in base metal, value 2 s. a white stone seal, set in base metal, value 12 d. a steel watch-key, value 6 d. his property .

WILLIAM MOORE sworn.

I was robbed on the 11th of December, on Thursday night, between eleven and twelve, in Duke-street, Manchester-square .

Was it dark, or moon-light? - It was dark.

Do you at all know the person that robbed you? - Yes; his name is Robert Cox , the prisoner at the bar. The prisoner asked me what o'clock it was; I took out my watch to see what o'clock it was, and he took it by force out of my hand, and ran away.

As it was dark at this time that the robbery happened; how do you venture to ascertain that the prisoner was the man? - There was no other person with me; he went out with me to see me safe home. I did not know him before that night. He continued with me till the robbery happened. I went out of Bray's-buildings.

What, from a publick house? - No.

From a private house? - Yes. I happened to be with him at the same house.

What was the house? - It was a house of ill-fame.

Was you sober? - No; I cannot say I was right sober.

Was you so far in liquor as not to know what happened to you? - I was sober enough to know what happened to me.

And you are sure it was the man that accompanied you from the house? - Yes.

How soon afterwards was the prisoner apprehended? - He was taken up on the Sunday night; I was robbed on the Thursday.

Have you ever met with your watch again? - Yes, I have seen it since, from a pawnbroker's.

Mr. Knowlys, prisoner's counsel. What are you? - A groom .

The prisoner is a gentleman's servant , likewise? - Yes, for any thing I know.

Do not you know that he is? - I cannot say that he is; I have heard say he was; I have heard him say so.

Where had you been before you got to this house where you met with the prisoner? - I had been to Chancery-lane.

What time was it that you met with the prisoner? - I cannot say: I was not sober when I came into the house, nor very tipsy.

Where did you dine? - I do not know I had any dinner; I had been to many publick-houses.

How many publick-houses do you think

you think you might have been at? - Three or four.

Can you say you did not go to more than four? - I cannot say positively.

What time might you go into the first publick-house? - I do not recollect: about ten in the morning.

From ten in the morning till ten at night, you had been drinking from publick-house to publick-house, the whole of the day? - No.

You had drank at all the publick-houses? - Possibly I might.

Do you recollect whether you had or not? - I do not.

How much might you drink at this house, when you met with the prisoner? - We had two pots of beer, and sixpenny-worth of gin.

Have you recollection enough to know who might pay for this, when you was there? - I paid for some of it.

Will you swear that? - Yes.

Did not the prisoner advance you money while you was there? - I paid three-halfpence for the last pot; I had half-a-crown.

Court. Was that when you came into the last house? - Yes.

Mr. Knowlys. Will you venture to say that the prisoner did not advance you money while you was in the house? - No, he did not.

Will you swear that, in the state in which you was? - Yes, I will swear, so far that he lent me no money.

Did he pay no money for you? - I do not know that he did: we had but very little conversation; we had only one pot of beer at the last, I had the other before.

Was any body else with you? - Yes.

Will you again (young man, be cautious) take upon yourself to say, that, for some purposes in that house, he did not lend you money, or pay money for you? - I swear he did not lend me any.

What time was it before you quitted the house? - Between eleven and twelve. I cannot say positively.

How far is Bray's-buildings from Duke-street? - Goes into Duke-street.

You say you pulled out your watch? - Yes.

You was sober enough to know what you was doing at that time? - Yes.

Can you recollect what you said to him at the time? - I said I could tell, if he would give me time; and he took the watch out of my hand in the mean time.

Did not you say, as you have laid out some money for me, you shall keep my watch till I see you again? - No.

This struck you as very uncivil treatment, on his part. Perhaps you called out, stop thief? - No, I did not.

You might have got your watch again? - I might, if I had called out, perhaps; they might have stopped him.

What became of yourself after that? - I went directly home.

What time was it when you got home? - Twelve o'clock.

No more than twelve? - No.

Then as soon as the man had taken your watch, you took no care about it, but went directly home? - Yes.

When did you see the man afterwards? - On Sunday night; he was at the same house.

Did you go there to look for him? - I went before, but he was not there: on the Sunday night, the man of the house came to tell me he was there.

Did not you come by desire of the prisoner? - No.

Did not he tell you that the prisoner was there waiting for you? - No.

Upon your oath? - No.

Did not you know where to find the prisoner? - No.

When you came there, did not the prisoner tell you, you had not paid him that money which you ought to have paid him? - No.

Between the Thursday and the Sunday, you gave yourself no farther trouble about it? - Yes, I did.

Court. What did you do? - I applied

to one of the runners, to take him where they could find him.

What runner? - Mr. Murray. I forget his name; it is Blacketer.

Why do you talk about Murray? - I went for him, and could not find him; I never saw either of them before. I was recommended to go to Murray.

Who recommended you? - A coachman.

Are you in service now? - No; I left my place last Saturday.

EDWARD FREER sworn.

The prisoner, I believe, (I cannot swear positively to his person, but I believe him to be the man) came to me the 12th of December, and offered me a watch to pledge; I am a pawnbroker.

Did you ever see the prisoner before? - I do not believe I did; that was the only time I ever saw him: I cannot swear to him. The watch is here.

(Produced, and deposed to.)

Prosecutor. I believe it to be mine; I cannot swear positively to it being my watch.

Did not you know the marks of it, nor the name of the maker, nor the number? - No.

Mr. Knowlys to Freer. Were those seals pledged with the watch? - This one; a cornelian seal.

SAMUEL PEACHAM sworn.

I only know that I sold a watch to this William Moore ;

(Looks at it.)

this is the watch.

FRANCIS MURRAY sworn.

I am a constable of Marybone parish; and the man was brought up between ten and eleven to the watch house by the watchman. I found upon him a couple of keys, and ten shillings in silver; I returned that back again. I asked the prosecutor if he was positive that was the man that robbed him of his watch; he said he was positive; the next morning he went before the magistrate; and while we were at the office, Blacketer searched him again, and found these two keys; we went to his lodging, and found in his box the duplicate wrapped up in a letter, and a seal. I was present.

- BLACKETER sworn.

I went to search the prisoner's lodgings; he told me they were his lodgings; I searched the prisoner, and found two keys in his pocket; I asked him what keys they were. I left the prisoner at the office while I went to his lodgings; the prisoner told me that the great key was the key of a yard where his master's carriage used to stand, and the small key was the key of his box; I opened the box with the key that I took from the prisoner; the first thing that I found was a seal; and the prosecutor was there, he said that was his; then I searched all over the box to find the watch, as I found the seal; and I found several letters there, and I felt all the letters; and in one of the letters, I found the duplicate of the watch; I went immediately to the pawnbroker's, and fetched him down to the office.

(The seal and duplicate produced and deposed to by the prosecutor.)

(The watch and seal shewn to the Jury.)

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

GUILTY , Death .

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

Reference Number: t17890114-64

161. JOHN SIMPSON was indicted for burglariously and feloniously breaking and entering the house of William Beswick , about the hour of three in the night, on the 10th of January , and burglariously stealing therein, two check aprons, value 3 s. one linen ditto, value 1 s. a pair of silk

and cotton stockings, value 2 d. two pin-cloths, value 1 d. a muslin cap, value 1 d. one cradle-quilt, value 4 d. and one thread and worsted curtain, value 4 d. his property .

WILLIAM BESWICK sworn.

I live in Orange-court, East Smithfield . My house was broke open, either on Friday night, or Saturday morning the 9th or 10th of January. I was in bed; I went to bed between nine and ten; I was not the last up in the house; a woman that takes care of my wife, was the last up. She is not here. My wife was in bed; she was very ill. The house was all fast when I went to bed.

Who makes fast the house at night generally? - Myself. I keep no servant; I fastened the door. There is one outside door that opens into the street; the window was fast when I went to bed. I was not disturbed till I got up to work, which was just after six; when I got up, the door was fast; I did not take any particular notice of the window. When I went out to work, I pulled the door after me; I did not lock it; it is not a spring lock, only a latch.

HENRY SOAR sworn.

I am a watchman. In the street, just after I had gone half past three, the prisoner came by with this bundle in his hand; I asked him what he had; he said, nothing but what was his own. I took him to the watch-house; he wanted to stop by the way, at the watch-house. I found they were women's things; he said he was taking them to his sister, in Darkhouse-lane. He was locked up that night.

JOHN SHEPLEY sworn.

About half after three, the watchman brought in the prisoner with this bundle in his hand, and said they were some things of his own property. I took the things, and opened them; he said they were his sister's; and he said she had no place of residence at present, but was at a lodging in Darkhouse lane, and he was going to her; I told him I should keep him and the bundle. The next day I enquired, and found the prosecutor had been robbed.

ELIZABETH BESWICK sworn.

All that I know of it is, I was confined up stairs from Wednesday night till Saturday morning, with a cold. On Saturday morning, I missed my cradle-quilt; and I found the casement open, and a pane of glass taken out of the bottom of the casement, and the lead broke; this was between ten and eleven in the forenoon; the first thing I missed, was a little curtain out of the window; we never heard any thing when it was done; then I missed the rest of my things; and the watchman came and informed me.

(The things deposed to.)

This cradle-quilt I know by the piece, and what it is made of; my mother made it me out of the bits of two beds; the aprons, one of them is twice nitched in the selvage, and the other is tore in the binding.

JOSEPH BEYER sworn.

I only apprehended him.

PRISONER's DEFENCE.

I was coming up Ratcliffe-highway about three in the morning, or between two and three, and I saw a woman and a man wrangling one with the other; they went away just before I came to them; and I picked up the bundle; the watchman stopped me; I told him I had some cloaths; I wanted him to look at them; he took me to the watch-house; I have followed the sea ever since I was nine years of age, and never did any thing that was bad.

Court to Mrs. Beswick. Where had these things been on the Friday night? - I do not know.

Who was the woman that took care of you? - A young woman that is out of place. She was not there of the Friday night; it was a mistake of my husband's. I had nobody with me; nobody was in the house of the Friday night but a young

man that lodges with me, my husband and my three children.

Who was the last up that night? - My husband.

He says not? - It is merely a mistake.

Where was the young man that lodged with you? - He was in bed in our house with my child.

How is the window of that room fastened? - It is a casement with an iron button; the shutters were not fastened; my husband forgot them.

Court to Prosecutor. You did not fasten the window that night when you went to bed? - I am sure the window was fast; I forgot the shutter for two nights; I thought there was nothing in the house that any body would come in for. I did not trouble my head about the shutts.

Prisoner. This woman has made her braggs about the neighbourhood, that she would have forty pound for me. I sent for some witnesses, and they promised to come; and the captain of the ship I failed with; but they are not come.

GUILTY. Not of the burglary .

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

[Transportation. See summary.]

Reference Number: t17890114-65

162. GEORGE EVANS was indicted for stealing, on the 8th of December last, two silk handkerchiefs, value 8 s. the property of Henry Snowden .

ROBERT SHAW sworn.

I am servant to Henry Snowden . The prisoner was sent for to put a square of glass into the window; the handkerchiefs were there when he came; it is six weeks ago. After he had done this work, the handkerchiefs were missing; we desired him to stop till he was searched, and two silk handkerchiefs were found upon him.

WILLIAM NORMAN sworn.

I searched the prisoner, and found these two handkerchiefs upon him.

(Produced and deposed to by the paper with-inside, which the witness, Shaw, put in himself.)

It has no writing upon it.

How do you know it is the paper? - It is a sheet of our shop paper; I put it in myself.

Mr. Knowlys, prisoner's counsel. How far may the prisoner live from your master? - About thirty yards; he never was employed before; he had not been long in the neighbourhood.

I believe it was some time after the pane of glass was broke, before this man came? - The pane was broke; we sent for him immediately, and he came soon after.

Was not he in liquor? - I did not perceive it.

How long was he mending this window; did not you observe he mended it very bunglingly? - I did not observe it; he was not long time about it.

Who first told him to stop at your master's till he was searched, you? - No, Sir.

Who, then? - Another young man that was in shop.

Is he here? - No. I took the goods out of the bottom of the window, that they might not be in his way.

The glazier s always carry with them some dirty cloths to mend the windows? - A brush is most properly used. The glazier that glazed for us before used a brush.

Did you happen to observe where those cloths were? - No.

These handkerchiefs lay folded up in a square? - Yes.

A handkerchief that a man dropped out of his pocket might cover this bundle? - It is about six inches square.

You was present when he was searched? - Yes.

Did he make any difficulty in stopping? - No.

Where had he left the diamond that he cuts the glass with? - I do not know.

Do not you know that he left a diamond on the window? - It never was seen there.

He was, I believe, desired to walk up stairs? - Yes.

Who walked up stairs with him? - My master.

I believe your master afterwards left him alone in the room? - I cannot say.

Who went for the constable? - He ordered one of the young men to go for the officer. I was in the shop; I did not pay attention; I did not see my master in the shop before the constable came; he might be there.

Did not this man, in your hearing, say he did not know he had any thing of that sort about him? - He said in the shop, that he did not know he had them. I did not perceive him any worse for liquor.

Did you attend at all to that circumstance? - He went about his business as well as another man.

Was not there, at the same time in his pocket, a very dirty cloth, with which he wiped the windows? - I did not see any dirty cloths; there were his gloves, his pocket-handkerchief, and some other things.

Jury. Can you, on your oath, swear that was the property of your master? - I can, Sir.

Mr. Knowlys to the constable. Did the prisoner make any difficulty to your searching him? - He said he had doubled them up once more than they were before. There were no dirty cloths in his pocket, nor his gloves; there was his key, that he shewed us. His handkerchief was not in that pocket. I did not see the diamond.

Was the prisoner alone in the dining-room when he came up? - No. There were two women in the room, the nurse, and the mistress, she was not able to get out of the room.

- INGATE sworn.

I am a collar and harness-maker in the same yard where the prisoner had the front shop; that is pretty near the prosecutor's.

Do you know the day he was taken up? - Yes.

Was he in your company that day? - Yes. We had two pints of purl; he would have prevailed upon me to have continued drinking, and to smoak a pipe; but I told him I could not stay; I left him in the publick-house. I know nothing of the man, only one fortnight.

The prisoner called seven other witnesses, who all gave him a good character.

GUILTY .

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

[Transportation. See summary.]

Reference Number: t17890114-66

163. HENRY WILSON was indicted for stealing, on the 3d of January , nine spatulas made of iron, with brass ferrels, value 7 s. fifty-four steel files, value 5 s. the property of Richard Ireland Thorogood .

RICHARD IRELAND THOROGOOD sworn.

I live the corner of Fenchurch-street . I am a cutler and surgeons instrument-maker . The prisoner stole from me the things mentioned in the indictment; he had been with me this last time, about six months, as a foreman . He lived with me before, about a year and an half. After he came to me, we were continually missing things; that was the first time, when I turned him away. I had always a suspicion; and in a chest which he had locked up in my house, he had some of my goods; when I was going to turn him away, he wanted to go up stairs for a bundle. I went up with him; there was no bundle; he said it was down in a cellar. He went away; I never suffered him to go into the room any more. The box was locked; I asked him to open this chest, while he went backwards and forwards twenty times. I never could get sight of the things inside; he was indebted to me some money; I was to let him have his tools, and he was to leave those things in the room that were belonging to him, as a security till he paid me my money. I told him, from time to time, that he never should take the chest away till I saw the

inside of it; he left about the 6th of September; on the 31st of December, he came and behaved in a very audacious manner, and told me he would make me deliver the property up; he said he wanted a pocket-book out of the chest, concerning some law-suit, and begged very hard to go up to the chest; after my young man had got the key, he made answer, I do not know whether you will not find some spatulas of yours, and some files, which I put either in the chest or behind the chest, when the rooms were washed. The room never was washed since it was a store-room. I said then, that is the parcel we lost about five months ago; we had lost such a parcel, and the prisoner had been employed with others to get up some others in the place of those. I told him also about some other files which were in a store-room I would not let him go into; he said, when the room was washed, he put them in there because they should not be damaged; and the spatulas were not finished, and the files were in papers, when there were hundreds lying about the same room. The files must have been taken out of another room; my young man and me went up stairs. I never touched the key, nor did I unlock it. The prisoner swore d - n his eyes if he did not go up stairs, and pushed by the man; we were looking for the pocket-book, and there we found the spatulas and files; and the prisoner rushed in to the chest; whether we took any thing out, I cannot say; he endeavoured to put down the lid of the the chest; he locked the chest, and went away with the key. The next day I got a warrant from the Lord Mayor, and it was opened in presence of one of his officers; and these nine spatulas and four dozen and a half of files were found in it. I know the spatulas by being the work in my house; the files I know by the private mark.

THOMAS PARROTT sworn.

I opened the chest, and found these things in it.

(The spatulas and files produced.)

Mr. Schoen, prisoner's counsel. How long have you dealt largely in instrument-making? - Ever since the death of Mr. Wrigglesworth.

Has not this man assisted you very much with custom in that trade? - He certainly has, or I never should have taken him again.

Was not all of your work done from this man's patterns? - Not all of it; most of it was.

Had not he the care of the room where the instruments were? - He had not the key wholly; the key hung always up in the counting-house; he had liberty to go and take it up at any time.

CALEB WITHALL sworn.

I am apprentice to the prosecutor, almost four years; the prisoner gave me the key of the chest to go up stairs to get a pocketbook for him, wherein he said there was a duplicate for a watch, which he wanted; he then said, he believed there were some spatulas and files, either in the chest, or behind the chest, he was not sure which, which he put in when the room was washed. It is a small room, a store-room, and had been so used before he came this last time; but it had been made use of for a bed-room, after he left it the first time. The prisoner was in the shop while I went up: we did not chuse he should go.

Did you find the chest locked? - Yes. I unlocked it; my master was present. I found those spatulas and files, and some other articles. The prisoner came up soon after, forced down the lid of the chest, and locked it and took the key. The next morning my master got a search-warrant, and opened the box, and there were found these spatulas and files.

PRISONER's DEFENCE.

These spatulas were delivered to me, to be finished by me or the other workmen that were to work under my directions; and the files, some of them, had been used; they were put into the chest, because the maid has frequently moped the room, if

not washed it; nobody can swear to the the files. I had a very great opportunity of taking them long before I left Mr. Thorogood; and the spatulas were not finished.

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

NOT GUILTY .

Tried by the London Jury before the LORD CHIEF BARON.

Reference Number: t17890114-67

164. JOHN BURGESS was indicted for stealing, on the 8th of January , four shirts, value 40 s. the goods of Matthew Clarkson .

JANE CLARKSON sworn.

I live at Hackney . I had the shirts to wash. I lost them last Thursday from out of the yard where I had hung them to dry: the yard is inclosed. They were hung out about two o'clock, and I missed them between four and five. I went out to take them in, and I found they were stolen. The shirts were afterwards found on the prisoner. He must have got over the pales.

GEORGE HUNT sworn.

On the 8th of this month, about half past six, me and a friend and my little boy were coming across the fields, and we discovered three men by Bishop Bonner's castle; two were right upon us, and another about twenty yards distance, with a bundle; they passed us, and we got up with them again; and they enquired the way to London; we told them: they passed us again afterwards. We came up with the prisoner, and asked him where he was going, he said to Bethnal Green, and that he did not know any thing of the other two; we watched him past Bethnal Green, and then we had suspicion; I charged him, and he said he had got some shirts his father had sent him; I took him by the collar, and found the four shirts all of a heap, froze up; I sent for an officer, and after taking the marks, I delivered him the prisoner and the shirts.

JAMES GEORGE GREENWOOD sworn.

I have the shirts. I received them from the last witness.

(Deposed to by Ann Clarkson .)

PRISONER's DEFENCE.

The other two men dropped the bundle and I picked it up.

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

GUILTY .

Privately whipped , and discharged.

Tried by the second Middlesex Jury before the LORD CHIEF BARON.

Reference Number: t17890114-68

165. JOHN CARTER and JOHN GUYATT were indicted for stealing, on the 14th of November last, ten hens, value 10 s. three cocks, value 5 s. two ducks and a drake, value 3 s. the property of Peter Chapman .

(The case opened by Mr. Schoen.)

- CHAPMAN sworn.

We live at Greenford . My father is a farmer . On the 14th of November, about twelve at night, I heard a noise in the cart-house, which is about forty yards from the house; I got up to the window, and it ceased; then I went to bed again, and I heard a noise of fowls; I told my brother; we went armed to the cart-house, and Guyatt was on a ladder, with a fowl in his hand; we took him, and afterwards we found Carter concealed by a cart; there were three hens and a cock found within a yard of him, dead; I am sure they were my father's. The next morning, we found seven hens, two cocks, two ducks; and a drake, all dead; and a chissel and a bag lying by the side of the hedge secreted.

SAMUEL CHAPMAN sworn.

I am a brother to the last witness.

(Deposed to the same effect.)

PRISONER CARTER's DEFENCE.

I went into the shed to lie down; I had been looking for some work, and could not get any. I am a sawyer.

PRISONER GUYATT's DEFENCE.

I was on the ladder, looking for a little straw to lie down upon.

BOTH GUILTY .

Tried by the second Middlesex Jury before the LORD CHIEF BARON.

[Transportation. See summary.]

Reference Number: t17890114-69

166. JOHN WILSON was indicted for stealing, on the 7th of January , a stuff petticoat, value 9 s. a silver thimble, value 3 d. one guinea and nine shillings , the property of Ann Humphreys .

(The witnesses examined separate.)

ANN HUMPHREYS sworn.

On Wednesday last I lost the things in the indictment. I went to look after a place. I went into a publick-house; and I don't know how I lost them. I did not feel any body's hand in my pocket: I was intoxicated; it was cold, and I went to get a glass of something; it was in Shug-lane, at the sign of the Black Horse . I believe I was intoxicated when I went into the house; I never was so before, nor never since. The weather was very cold; I had got my coat, I believe, under my arm. I am sure I took it into the the house, but whether I dropped it or not, I cannot tell. I fell asleep, and laid my head on the table. I first had some purl and gin; I did not feel any body take any thing from me. It was towards the evening when I went in, not quite dark. I missed my petticoat when I awaked, and the landlord said the prisoner had it.

THOMAS FERGUSON sworn.

I lodge at the Black Horse in Shug-lane; this woman and the prisoner were drinking together. I saw the prisoner several times put his left-hand into her right-hand pocket; and this bundle lay under the table; he put it under his coat, and sat down; he went to go out of the door, and I laid hold of him. I went for a constable, and the prisoner pulled nine shillings and a guinea, and a silver thimble out of his pocket; and I wanted to return it to the prosecutrix. I have had the bundle and the money ever since.

(The things produced.)

Prosecutrix. I never saw it since I bought it; I believe it to be mine; there are more like it.

JAMES SOUTHGATE sworn.

I keep the Black Horse, in Shug-lane. The prisoner at first said this woman was his wife; and she said she did not know him; I sent for a constable, and before he came, the prisoner pulled out of his pocket a guinea, nine shillings, and a silver thimble; the woman was in liquor. I carried the prisoner a quartern of peppermint, and the woman gave him half-a-guinea to get change; I gave it him; he laid it on the table. I cannot say she took it up; she had only one shilling afterwards.

PRISONER's DEFENCE.

I did put my hands down to her petticoats, but not into her pocket. She gave me the money to take care of.

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

NOT GUILTY .

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

Reference Number: t17890114-70

167. ANN COSGROVE was indicted for stealing, on the 17th of November , one bolster, value 2 s. two sheets,

value 5 s. two blankets, value 10 s. and twenty pound weight of feathers, value 10 s. in a lodging-room, the property of John Langley .

JOHN LANGLEY sworn.

I live in East Smithfield . I let a lodging to the prisoner, about twenty-two months ago; she left me about four months ago, She made away with sheets, blankets, bolster and bed; she replaced the bed with a sack of straw, by cutting the bed in half, and drawing the top part of the feathers to the bottom, and the upper part was replaced with a large sack of straw. She was taken up for an assault between four and five months ago, and sent to goal. I went into the room before she went out of my house. She did not go with me; I found the bed as I have represented to you; and the bolster, and blankets, and sheets were gone; when she was in custody, she sent to me, that if I would but forgive her this time, she would replace the feathers. I never found out what she had done with them. She had a room to herself, and those things were articles of furniture. It is five months or six months since I missed the sheets; and she said they were in the wash, and the blankets, she said, were being scoured. About six weeks afterwards, I asked after the sheets, and she said they were lost.

Do you ever give your lodgers leave to pawn any part of the furniture? - No; I never give my lodgers leave to raise any money on my things.

REBECCA DAWSON sworn.

The prisoner came up to my room with a bolster in her hand, and informed me that she was going to pawn it, as the others had done before. She had pawned things of Mr. Langley's after. About three days afterwards, she told me about the circumstance of the straw.

ELIZABETH FLAW sworn.

I saw the prisoner in her room with a bundle, which appeared to me to be feathers; and when I went into her room afterwards, they were gone, and so was the prisoner.

PRISONER's DEFENCE.

The prosecutor keeps a house for unfortunate women; and I have a family of children. The prosecutor and others in the house, have sent me to prison three or four times, through the quarrelling of these women with me. I did make money of this bolster once.

Court. She was sent to prison for the assault? - Yes.

How long was she in prison? - Three weeks.

When did you go before the justice to charge her? - About two months ago.

How came you not to go before the Justice before? - I could not find any body to prove that she had taken the things, till I found these two women.

Why you cannot prove she took them now? - No farther than what these women say.

Then your account is, that when you found out these two women, you went to the Justice? - Yes.

To whom? - Mr. Smith.

Did she ever pay you any part of the money? - No. She owes me thirty shillings now.

NOT GUILTY .

Tried by the first Middlesex Jury before the LORD CHIEF BARON.

Reference Number: t17890114-71

168. WILLIAM JACKSON was indicted for stealing, on the 24th of November last, one bolster, value 2 s. one blanket, value 18 d. one rugg, value 18 d. a pair of sheets, value 5 s. and other things, the property of Christian Jones , in a lodging-room .

CHRISTIAN JONES sworn.

I live Spitalfields parish . I let the prisoner a lodging the last day of the month of May; it was a furnished room; he

staid with me till November, when I took him up for stealing the things. I missed the things; I sent my wife up into the room, and she found the things in the indictment were gone. I went up to him the next day, and I met him on the stairs, and he told me he had taken them to the pawnbroker's, and I might be d - d, and get them again myself. I did not take him up till three months afterwards; for he promised me to bring them back; he did not; but he fell back in paying of the rent and I took him up; after that, before I took him up, when I went up stairs to him for the house-rent, he told me that he would bring the things back next week; he did not, and I took him up; he told me the things were at Jeremiah Mangall 's, a pawnbroker, in Spitalfields. After the prisoner was in prison, I went to the pawnbroker's, and the boy said they were there; and the master told me if I would bring the duplicates I might have the things: I could not get them from the prisoner. There was a bolster, blanket, rug, sheets, a frying-pan, gridiron, and a pair of bellows, and a flat iron. The prisoner would not let me come into the room, before I took him up, while he was in the room. I went to Mr. Wilmot's office about this, and charged him with robbing the room, and he sent him to Bridewell; and he was to forfeit twelve shillings for so doing.

How came you, after you had confined this man a month, to indict him? - I was told so to do.

NOT GUILTY .

Tried by the first Middlesex Jury, before the LORD CHIEF BARON.

Reference Number: t17890114-72

169. EDWARD RILEY was indicted for feloniously assaulting William Denton , on the King's highway, on the 31st of December last, and putting him in fear, and taking from him a man's hat, value 5 s. his property .

WILLIAM DENTON sworn.

The prisoner on the 31st of December last, stopped me in White's-yard, Whitechapel : there were with him two others, who are not taken; he put his hand on my mouth, (it was about half past nine) and stopt my speech; the other two turned my pockets inside out; they got no money; and they then took my hat from me. I never saw the prisoner before: I was quite close to a lamp, which gave me an opportunity of seeing his face. I am sure he is the man that stopped my mouth; the other two went away before him, I do not know which of them it was that took my hat. On Monday was a fortnight he was apprehended. I was robbed on the Wednesday; a person that came out at a door, at the time I was being robbed, took notice of the prisoner, and laid an information against him.

Prisoner. Did not you say you lost two guineas at the time? - Yes, I said so in my fright; but I found it afterwards; I had luckily lost it at home.

JOHN HAWKES sworn.

I did not know the prosecutor before the time this robbery was committed. I live near the place, and was near the place at the time. I came home at nine o'clock from work, and was sitting at home; about half an hour after, sitting by the fire, I heard a man cry, I am a poor bricklayer ; after that, I heard a mumbling, as if a man could not speak, and I ran out, and my wife came after me, with a candle alight; and I saw the prisoner run past my door; and I says to Denton, the prosecutor, Who was there, what is the matter? He says, I have been robbed! I have been robbed! My wife then held up the candle, and he picked up an old hat, which he has now; he told me at that time, it was not his own; that they had taken his own away. I am sure the prisoner is the man I saw passing by; I have met him often in White's-yard. I am punctual to the man; the prosecutor

said, at the same time, he had been robbed by that man, the prisoner.

Did he say he had lost two guineas? - The prosecutor did say he had lost two guineas, but he found it afterwards at home, as he informed me. We could not pursue him; he had got off, and turned down Saltpetre-bank, where he lodges, which is a dangerous place.

JOSEPH BEARD sworn.

Me and another officer apprehended the man from the information we had received. The prosecutor came down the same night, and swore positively to the person of the prisoner.

PRISONER's DEFENCE.

I was at one George Ashton 's house at that time, and had been there for a long while before. I had not been out that evening.

For the Prisoner.

GEORGE ASHTON sworn.

I live on Saltpetre-bank; the prisoner lodged with me. On the day which they accuse him of commiting this matter, he was at my house from four o'clock in the afternoon, till the next morning between ten an eleven. It was the last day of the old year: I am sure of that; for on the next morning, I was going with him on particular business, with a friend of ours. I desired him not to be out of the way, he said he would not.

Court. Where was you going? - I was going to the Mansion-house, concerning a man that was going abroad, of the name of Wilson. I went with him, and Wilson, who was going abroad in the Greenland fishery.

GUILTY, Death .

He was humbly recommend to mercy, by most of the Jury .

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

Reference Number: t17890114-73

170. JAMES BURLEY , JAMES BENSON , and JOHN HOWARD , were indicted for feloniously stealing, on the 24th day of December last, eight pewter dishes, value 15 s. and five pewter plates, value 3 s. 6 d. the property of Charles Oakley .

CHARLES OAKLEY sworn.

I am a ship's agent . I transact business for the coasting vessels. I had a cask of pewter lying on Dice-quay , on the 24th of December. I had left it there, and happened to be at about a hundred yards distance from the quay. A person came up to me, and asked me if there was any thing lying on the quay that I could lose; I said no, nothing but a cask of pewter; he said he saw a man come away with something in his apron. I then went to the quay with my servant, and I saw Burley. We followed him; and he threw some pewter out of his apron; my man pursued him; I picked it up, and carried it back to the quay; by the time I had picked it up, they took two more men. I picked up five dishes.

JOHN BACON sworn.

I am a lighterman. On the 24th of December, I had loaded some butter at the alley near to Temple-stairs, which is near to Dice-quay. I was watching my butter, and I saw the three prisoners, and some others, lurking about. After my people had brought the butter to the top of the alley, I saw two of the prisoners, and another man, who is not with them, come up the alley with something in their aprons; when they saw me, they were shy, and turned back again, and came down the gateway of Dice-ally. I followed them, and I caught one of them by the skirt of his jacket; he dropped three dishes, and run away. The prisoner, Howard, crept under a cart-tail; and I began to hollow out, and he dropped three dishes. A man followed him, and took him; after that, Benson came with some in his apron, which he dropped, and he was taken.

ROBERT SHAWE sworn.

On hearing Mr. Bacon cry out stop thief, I followed Howard; he dropped some pewter; he was stopped, and I brought him back, and he was taken into custody.

SAMUEL SCOTT sworn.

I took the prisoner, Burley. He ran for about a hundred yards, and dropped the pewter, before I took him; I saw him drop it.

DAVID WALKER sworn.

On hearing Mr. Bacon cry out, I took the prisoner, Benson; he had dropped the pewter from his apron.

PHILIP SHAVING sworn.

I was at work for Mr. Bacon, and I saw the prisoners lurking about on Dice-quay. There was another man with them, who is not yet taken. I saw the prisoner, Burley, cut the hoops off the cask; and all the three prisoners put some of the pewter in their aprons.

Court to Oakley. Did you go immediately to look at the cask? - No, my Lord, I was employed in picking up the pewter. I afterwards went and looked, and found the hoops had been cut.

The prisoners, in their defence, said they picked it up as they were coming from work.

ALL THREE GUILTY .

Each to be transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17890114-74

171. EDWARD HILL was indicted for stealing, on the 18th of December , two cloth coats, value 3 l. the property of William Robinson .

WILLIAM ROBINSON sworn.

I lost my coats, on the 18th of December last, at the Two Brewers, Shoreditch . I went in, about six, for a pint of beer. They were tied up in a check handkerchief. One James Grace was sitting on the table when I went in. The prisoner came in while I was sitting there; my bundle was behind me, and the prisoner was gone; I ran out after him, but could not take him. On Friday week he was taken; and he owned to me, and the officer, and another person, that he had the coats, and sold them to Mr. Abraham Moses , in Rosemary-lane. He owned them also before Mr. Justice Wilmot. Moses denied having bought them. I never got my cloaths.

ELIZABETH UNCLES sworn.

I sell fruit, near the Two Brewers. I remember this alarm. I saw the prisoner come out with a bundle, and run down the alley. I knew him a good bit before, by coming to the same house. It was about six at night; I told the prosecutor. I do not know what the prisoner was; he used to go with the lamp-lighter s.

ABRAHAM MOSES sworn.

I was subpoened to attend here. I know nothing of the matter. I have not bought two coats these eight or nine months. I do not know the prisoner.

PRISONER's DEFENCE.

I know no more of the coats than you do. I lighted lamps for Mr. Coulderoy, of Cripplegate. I worked in the shop, and helped during the frost.

GUILTY .

Privately whipped , and Imprisoned six months .

Tried by the first Middlesex Jury before the LORD CHIEF BARON.

Reference Number: t17890114-75

172. JAMES SEERS was indicted for for stealing, on the 26th of December , seventeen yards of printed callico, value 30 s. and twelve yards of flannel, value 10 s. the property of Sarah Dixon .

SARAH DIXON sworn.

On the 26th of December, I hired the prisoner, who is a hackney coachman , to drive me from my house in Manchester Buildings , to a Mr. Patch's, a linen-draper, the corner of Berner-street, Oxford-road, where I purchased two pieces of callico, and twelve yards of flannel; the parcel was put into the prisoner's coach, and he returned to my house; when I got out of the coach, I ordered him to give the parcel to my servant. I went into the parlour to speak to company, that were there waiting, and in about two minutes returned to the street-door. I saw the coach-door shut, and the window up. I gave him three shillings, and gave him sixpence over, because he drove expeditiously. Before I went to dinner, I asked the servant for the parcel; the servant answered, she had received none. I went to the coach-stand in Palace Yard, where I knew he belonged to; I knew his coach and person. I offered a reward by an advertisement, which he did not answer; and, on Monday the 29th, my servant saw him, and knew his coach and person, and took his number.

Prisoner. She said nothing to me about the parcel being taken out; she gave me my fare, and I went away.

MARIA MASTERS sworn.

I board and lodge with Miss Dixon. I was with her in the coach when she purchased the things, and saw them put in. On Monday, the 29th of December, I was going up Piccadilly. I saw the man's coach on the stand, and him on the box. I told him I could swear to his person and coach; and that he had carried a lady and myself from Manchester Buildings to Mr. Patch's, the linen-draper; and that there was a parcel deposited in his coach; and if he would bring that parcel back to us, in

Manchester Buildings, I was very well convinced the lady, my friend, would reward him, on a proper concession. He then said, that he knew nothing of me; that he had drove the coach only two days.

JOHN ATKINS sworn.

I am a constable; I produce two pieces of cotton, and a piece of flannel. On the 31st of December, the prisoner was summoned to attend at Bow-street; he was charged with this offence, and he sent me to a muffin-shop, in the Sanctuary, Westminster. I went there, and said I came from Seers, for the parcel; and a young woman said, if I would go with her, she would give it to me. I went with her to Bow-street, the back of George-street; and upon her bed, as she said it was, this piece of flannel lay; and these two pieces were in the box. The things were sworn to before the Justice.

(Deposed to.)

PRISONER's DEFENCE.

I took the gentlewomen from Manchester Buildings to a shop in Oxford Road, and brought them back again; then I went to Temple Bar with a gentleman; and after, I had a fare to Tower Hill. I do not know who left the parcel.

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

GUILTY .

Imprisoned six months .

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

Reference Number: t17890114-76

173. JAMES COPUS was indicted for feloniously stealing, on the 8th of January , a silver watch, value 40 s. a seal, value 1 d. and a key, value 1 d. the property of Peter Berry , in the dwelling-house of John Whittington .

(The witnesses examined separate.)

PETER BERRY sworn.

On the 8th of this month, I lost my watch, at Mr. Whittington's, the White Hart, in Ratcliffe Highway . It was very nigh seven in the evening. I was not above ten minutes in the house; I was drinking. The prisoner, and one Murray, was sitting in a box, and had a girl with them; the girl struck me five or six times; she was going to strike at me again, and I shoved her from me. Murray jumped out of the box, and came and held me by the shoulders; and the prisoner came and held me round the middle, and pulled my watch out of my pocket: they both ran out at the door. I thought I felt the watch go; I called out directly: I never got it again; it was a silver watch.

Court. Was this in the open publick room? - Yes. There were several people saw him, but they do not like to come; I have asked them. The landlord seemed to laugh, and take the prisoner's part, and said it served me right. I am a sailor ; I was sober. There were twenty people saw me look at my watch not above a minute and a half before; so did the landlord: he will not come. Forrester was sent for, at last, to search the house. I got a warrant, and caught the prisoner in Ratcliffe-highway, between ten and eleven. I told him, and he asked me to have something to drink; then he began d - mning of me, and knocked me down two or three times. I took him to the watch-house, and the girl went along with us; she struck me several times in the watch-house, and spit in my face. The next day I heard Murray was at the same publick-house; I went and asked the landlord for him, and he laughed, and said, it was no business of his.

GEORGE FORRESTER sworn.

Mr. John Whittington came to me, and said a man was robbed in his house; that two people had absconded; and the prosecutor said he knew the prisoner very well: he got a warrant, and took the prisoner. I never found the watch.

Court. What sort of a house is this? - It is a house where girls resort.

A licensed house? - Yes.

What division is it in? - In the Tower division.

Was Whittington sent for to the Justice's? - No, he was not.

Who is your Justice? - Mr. Staples, and Mr. Green.

You may give them to understand, I think it is the duty of the Magistrates to enquire into the conduct of that house.

PRISONER's DEFENCE.

I was in this house, and had a pint of beer. The prosecutor came in with some girls, and called for three or four glasses of liquor; and he struck two or three girls. I said, messmate, you are no man, to strike a woman; he said, D - n me, I will strike them, or those that take their part. I went out of doors to a publick-house in Wapping; I came back again, and I heard the officer had been after me. I staid there better than an hour, and he did not come. I went over the way, and had a pint of beer, and the prosecutor took me. I am a sailor . Here is a woman at the door that was in the house at the same time.

For the prisoner.

ELIZABETH FENTON sworn.

I was at Whittington's on the night the prosecutor lost his watch. I came in with the prisoner; Murray was in the house before we came in. Berry came in after us; he struck a woman, and trod upon my toes several times, as I sat on the coal-box. I told him to go away, and he struck me; and James Copus laid hold of him, and said he was no man, to strike a woman; and he laid hold of him by the shoulders, or by the middle, I am not positive which, to pull him away, to keep him from striking me. In about ten minutes after, he said he had missed his watch. This prisoner was gone out of the house. An officer was sent for, to search the tap-room; and the prisoner came and waited in the house till past eleven, and the man never came. As he was coming home, the prosecutor charged the watch with him.

Court. How happened you to stay when Copus went away? - I use the house. I did not go out with-him; I came in with him. I never saw the watch.

Prosecutor. This is the woman that spit in my face, and struck me, and asked me, before the Justice, what I would take take for the watch.

GUILTY, 39 s.

Tried by the first Middlesex Jury before the LORD CHIEF BARON.

Reference Number: t17890114-77

174. WILLIAM HULL was indicted for stealing, on the 6th of January , a leather snuff-box, value 5 s. four guineas, and one half-guinea , the property of David William Shaw .

DAVID WILLIAM SHAW sworn.

I belong to the Excise Office . On the 6th of January last, I lost my box and money. I had been spending my evening with some friends; I was in liquor. I fell down between the Horse Guards and the Admiralty, and the prisoner came and helped me up. It was near eleven. He was a stranger to me; but I know it was him that helped me up. After that, we went to a house in St. Martin's-lane , and had some brandy and water. I live in Duke-street, Lincoln's-inn-fields. I was so very sick, that I desired the prisoner to take a shilling out of my pocket, to pay for the brandy and water. After that, we came out of the house, and then I missed my money; and the moment I missed my money, I fell down; and a witness who is here, one Peter Cane , came by, and he and the prisoner helped me up. I heard the prisoner say he knew me very well, and that I lived in Duke-street, St. James's. I immediately contradicted him, and said I did not live there, and that I knew nothing of him. He ran to call a coach, as he said; I told Cane to follow him, for

he had my money: he was brought back by Cane, and taken to the watch-house, and the money found upon him. I lost four guineas and a half, a leather snuffbox, and a quarter of a lottery-ticket.

Mr. Knowlys, prisoner's council. I believe you was very much in liquor? - Yes, I was a good deal in liquor.

Do you recollect what time you had been on the ground before the prisoner helped you up? - About three minutes.

The prisoner did not request you to take him into this alehouse? - No.

How came you to trust the prisoner with your pocket? - I was so very sick, I could not get at my pocket.

Do not you recollect desiring this man to take care of what you had valuable about you? - I am sure I did not. I only drank once, a drop of brandy and water, in the house; I do not know how much there was. The person that helped me up with the prisoner, went with me to the watch-house, and saw me home after.

PETER CANE sworn.

I was coming from Villars-street, York-buildings, about ten minutes after eleven: As I came down to the bottom of St. Martin's-lane, I saw a person fall, on the other side of the way. Curiosity led me to cross the way; I went close by the prosecutor, and the prisoner asked me to help him up on his feet, which I did. I asked the prisoner if he knew the gentleman; he said he was an old acquaintance of his, and lived in Duke-street, St. James's. The gentleman immediately contradicted it; and the prisoner then said, he had one shilling in his pocket, and would treat the gentleman with a coach home. We staid together some time, helping Mr. Shaw; then the prisoner went to call a coach, and the prosecutor desired me to run after the prisoner for his money. I did not place so much confidence in the prosecutor, being drunk; and I followed the prisoner, to see whether he called a coach or no: he ran past the coach stand; then I called the watchman to my assistance. When we got to the watch-house, the property that Mr. Shaw described was found about the prisoner; four guineas and a half, and a snuff-box, and a part of a lottery ticket, was dropped by the fire-side at the watch-house, within half a yard where the prisoner stood; he stood outside of the fender, and it was inside. I know nothing of the parties.

JOHN FURNEAUX sworn.

I recollect the prisoner being brought into the watch-house. I searched him, and found on him four guineas and a half, and a snuff-box; and the watchman picked up a piece of paper within-side the fender, which was a quarter of a lottery ticket; when I took the prisoner before Sir Sampson in the coach, the next morning, he said, I must say it was the young man's money.

- LINDSAY sworn.

I am a watchman; I produce this quarter of a ticket, which I found inside the fender. The prisoner stood with his back to the fire; I did not see him drop it; but it was close by where he stood.

(The snuff-box deposed to.)

Prosecutor. I had a quarter of a ticket of the same number as that produced; and I lost just four guineas and a half.

PRISONER's DEFENCE.

I was not past the first coach when I was detected.

The prisoner called five witnesses, who gave him a very good character; one of whom ( William Adney , a taylor , of No. 31, Charles-street, Westminster, with whom he served his apprenticeship, and who was known by Mr. Stubbs, the under sheriff, to be a man of reputation) offered to take him again.

GUILTY .

Ordered to be privately whipped, and delivered to Mr. Adney .

Tried by the first Middlesex Jury before the LORD CHIEF BARON.

Reference Number: t17890114-78

175. WILLIAM HARPER was indicted for feloniously assaulting Mary Elton , on the King's highway, on the 10th day of January , and putting her in fear, and feloniously taking from her person, and against her will, one hare-skin muff, lined with Persian silk, value 20 s. one tippet, value 10 s. one cambrick handkerchief, value 1 s. the property of Daniel Gough .

(The witnesses examined separate.)

MARY ELTON sworn.

I am a servant to Mr. Gough, who is a gun-maker in Lothbury. Last Saturday evening I was robbed in Bishopsgate-street , of a muff, a tippet, and a handkerchief, belonging to Mrs. Gough; it was between six and seven, going by the end of a court, a man tore the bundle out of my hand with such violence, that he tore away the muff and tippet, with one handkerchief, and left the other handkerchief torn in my hand; the muff and tippet were tied up in two handkerchiefs. It was a hare-skin muff, lined with silk; I had no opportunity of seeing the man that did it; it was very sudden indeed; I do not suppose it was a moment; he took it out of my hand, and ran down the court; he was on the left hand. An acquaintance of mine, a young woman that was with me, cried out, stop thief! and the prisoner was taken. It was not five minutes, before I saw a man, and the muff and the tippet again. I cannot swear to the man that robbed me.

THOMAS SAPWELL sworn.

I produce the muff and tippet. Jacob Spinoza gave them to me. I did not help to stop the man.

JACOB SPINOZA sworn.

I live in Dunning's-alley, Bishopsgate-street. Last Saturday night, between six seven, I heard the cry of stop thief, and I ran out of the door, and faced the prisoner; he was running past my door; I stopped him, and I took the tippet from him; and I was not master enough for him: he chucked the muff into my arms, and I catched it; I kept close to him, running after him till he came into the broad way of Bishopsgate-street, and a young man faced him and caught him in his arms, and we delivered him to the patroles. I was not above half a yard off when he was caught.

From the time that he chucked the muff to you, was he out of your sight? - No; he was not half a yard from me; I had all but hold of him.

Prisoner. First, he says, he met me; but before my Lord Mayor, he said he pursued me; another thing, he never mentioned a word about tippet before my Lord Mayor; he said that the bundle was chucked at him; next, he is a person of that character; and I have sent for persons to prove, that I am not the first that he has been witness against; and the woman that he lived with has been transported. I hope the court will take it into consideration, that I stand on my life; not only that, but he has bought stolen goods.

When was the prisoner taken, and in what manner? - He was taken in Bishopsgate-street, just coming on to the kerbstone from Dunning's-alley, at the corner almost of Angel-alley.

JOHN MILLS sworn.

I was coming along Bishopsgate-street, towards the church near Angel-alley; I saw two men running, this young fellow, (the Jew,) and the prisoner; the Jew was close behind him, and he hallowed out very lustily, Stop thief! stop thief! I came up to him, and stopped him; and the Jew laid hold of him, and said, this is the man that did the robbery; the Jew had something in his hand, what it was I could not tell; says the Jew, I tore the tippet out of his hand, and the muff he threw at me. He was running, and I clasped my hands round him; I laid hold of him on the one side, and the Jew on the other, and we delivered him to William Branton .

Prisoner. Was I taken by, or in Angel-alley? - By it.

No ways up it? - No.

(The muff and tippet deposed to.)

Court to prisoner. Now, Sir, this is the time for you to make your defence. I have this to say to you, you have dwelt a good deal on some small variations that are not extremely material; the question is, whether you are the man that had the muff and tippet, and how you came by them?

Prisoner. I was going up Sweet Apple-court, to the sign of the Bull, to have a pint of porter; I heard a cry of Stop thief! and a person came down the passage, and ran right into the middle of Bishopsgate-street, round a coach; I after him into Angel-alley, and there was a mob taking a poor person to the watch-house; and the man was lost, and they took hold of me; but I was taken half way in Angel-alley, at the third door; the patroles laid hold of me in the alley; if you please to call them. My friends did not think my trial would come on to-day. I am a watch-finisher ; I lived with Mr. Kemp twelve years, in Houndsditch. He left the business a week before this Christmas.

- GREEN sworn.

I am one of the patroles. The prisoner was apprehended in Bishopsgate-street, just by Angel-alley.

In the alley, or in the street? - In the street.

WILLIAM BRANTON sworn.

I am one of the patroles. The prisoner was taken the corner of Angel-alley.

In the alley, or in the street? - In the street.

GUILTY, Death .

He was humbly recommended to mercy by the prosecutor and Jury .

Tried by the London Jury before the LORD CHIEF BARON.

Reference Number: t17890114-79

176. JOHN MAIDWELL and WILLIAM STREET were indicted for stealing, on the 2d of January , two hempen sacks, value 4 s. and eight bushels of barley, value 20 s. the property of John Cooke , Burton Wilby , Thomas Sears , William Smith , Thomas Valentine Cooke , Edward Wilby Brooks , and Thomas Sears ; and ROBERT HUTTON was indicted for feloniously receiving the same goods, knowing them to have been stolen .

EDWARD WILBY BROOKS sworn.

I am a malt-distiller , in partnership with John Cooke , Burton Wilby , Thomas Sears , William Smith , Thomas Valentine Cooke , and William Sears . On Friday, the second of this month, we hired two waggons, one of Mrs. Scott, of Stratford, and one of Mr. Root, of Stratford; to fetch barley out of some vessels that were near Limehouse-bridge; those waggons went twice on that day, each of them; upon their coming home the second turn, I was present at the unloading of them both; we found each of the waggons a sack short of the quantity we supposed they should have brought home; Mrs. Scott's waggon had fifty-nine sacks came home in it, and Mr. Root's waggon thirty-nine. I received an information that these two waggons, in coming home this last turn, had stopped at the sign of the Artichoke, Mile-end .

JOHN HICKS sworn.

I am a miller; I live with Messrs. Cooks, and Co. On Friday, the 2d of January, I was at Limehouse, and loaded thirty quarter of corn, on Mrs. Scott's waggon, of Stratford, and sixty sacks for Cooke, and Co. I stopped and loaded another waggon of Mr. Cooke's afterwards, I put twenty quarters on that. I did not come home with the waggons. When I came home, I helped to unload this waggon of Mrs. Scott's; and when it was emptied, I saw the sacks counted up, and there were only fifty-nine sacks; and I know there was a sack deficient in each waggon.

There were thirty-nine in Mr. Root's waggon. I saw no more of it till I came to the Rotation; there I saw the sacks, which I knew again.

Who are the men that drove these waggons? - One Elisha Willard drove Mrs. Scott's waggon away from Limehouse with the corn.

Who drove the other? - Abraham George , I believe; I will not positively say; I saw him bring the waggon to be loaded, but I did not see him drive it away.

ROBERT BYGRAVE sworn.

I worked for Messrs. Cooke, three twenty quarters of barley; for Messrs. Cooke, in three different waggons. They were unloaded on the lower side of Limehouse-bridge. There were three different waggons; one twenty quarters was in Mr. Cooke's waggon; that was the first waggon that was loaded; there were twenty quarters on the second waggon; I do not know whose waggon that was; on the third, I put twenty quarters. I loaded that waggon, and stowed it myself. The last waggon I loaded belonged to Mr. Root. I do not know who loaded the first or second waggon. Higgs was stowing the two first waggons.

Do you know they were exactly equal quantities in all the waggons? - Mr. Hicks stowed the other two, the last I stowed myself. The last waggon was a distant waggon to those that Hicks loaded. I do not know what became of the barley.

Mr. Schoen, prisoner Hutton's counsel. When you talk of three waggons, on each of which were twenty quarters, do you mean the two that Hicks loaded, and one that you loaded? - Yes.

STEPHEN REYNOLDS sworn.

On the 2d of January, Mr. Brooks came to my house, and told me they had missed two sacks of barley. I am the constable; he asked me to go to find it out; I went to the Artichoke, one Mr. Peck's, Mile-end, and I asked him if there were two sacks of barley left there; I searched the premises with his permission; he said he knew nothing of the matter; I said, may be his hostler might know, and he called the hostler, and the hostler came, and delivered two sacks of barley to me. The hostler is the prisoner, Richard Hutton . I took the two sacks of barley and him into custody. Then I apprehended the other two prisoners by the desire of Mr. Brooks, The prisoner, Street, was carter to Mr. Root's waggon, where one of the sacks was missing from; and the prisoner, Maidwell, was a caddee to Mrs. Scott's waggoner, one who assists.

Mr. Schoen. What sort of place was this in which you found these sacks? - A sort of a hovel, in Mr. Peck's yard.

An open hovel? - I believe there is a bit of door to it. There are a vast many carriages stop there every day. I cannot say whether there is any lock to it. It is a watering-house.

Court. Hutton did not make the least difficulty of giving you these sacks when you asked for them? - No. He gave them me voluntarily.

THOMAS ROOT sworn.

Messrs. Brooks and Co. hired a waggon of me, on the 2d of January, to go for barley. The prisoner, Street, was the driver. Mr. Brooks informed me there was a sack missing out of each waggon.

SAMUEL BURTON sworn.

I am a clerk to Mrs. Scott. I sent a waggon for Cook and Co. the driver's name was Wooller.

Brooks. Maidwell went with the waggon the first time; he said he belonged it. I cannot say whether he went with the second waggon.

JOSEPH PECK sworn.

I keep the Artichoke; I did not see the waggons. Street came into the house that afternoon: he had a pint of purl, and Maidwell had a glass of peppermint.

Prisoner, Maidwell. I leave it to the counsel.

The prisoner, Street, called Mr. Root to his character.

ALL THREE NOT GUILTY .

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

Reference Number: t17890114-80

177. MICHAEL DONITY was indicted for feloniously stealing, on the 28th of October last, sixty yards of camblet, value 40 s. twelve yards of green calimanco, value 10 s. the property of Henry George , privately in his shop .

HENRY GEORGE sworn.

I live in Hollowell-street, Strand . I am a silk-mercer ; I was not at home at the time the affair happened; I know nothing farther, than that my servant acknowledged I lost sixty yards of camblet, and twelve yards of green calimacco.

What is the value of them? - The value of them I imagine to be more then what I have indicted him for; but nearly one shilling a yard. They are different colours.

Are they worth two or three pounds? - Yes.

JOHN NEWMAN sworn.

I am a servant to Mr. George. I know the prisoner.

Did you ever see him in your master's shop? - No, Sir; as I was putting up the shutters, the prisoner asked me the way to London bridge; I directed him; he stood some time talking with me; and as I was turning to shut up the shutters, I saw the prisoner with the goods under his arm.

What goods were they? - They were stuff and camblet. I do not know the things; my master put them into the window himself.

Whereabout were these things? - They were in the window.

Could he get these things without coming into the shop for them? - No.

Were the windows broke? - No. He was taken up in less than two minutes.

With the things upon him? - No.

Did you pursue him? - Yes. When we came to the top of Hollowell-street, the prisoner struck the other witness right across the thigh; he said, what business had he with him, and he threatened to strike him again; other people came to assist, and he was taken. I did not see the goods after. I do not know what he did with them.

Jury. Did you see the prisoner take the goods? - No, I did not.

Prisoner's counsel. What time of night was this? - Between six and seven.

What month? - The 28th of October.

It was darkish? - Yes.

Did you know the prisoner before? - No, I never saw him before.

And you saw a man pass you with a bundle? - Yes. I knew them to be the things out of our window.

How was it packed? - He had them under his arm.

What covering were they in? - There were the wrappers round them that were taken in the shop; the papers were doubled back to shew the goods in the window.

Were they carried openly? - They were under the prisoner's arm.

Do you mean to swear that positively? - Yes.

You was busy shutting up your shop? - Yes. It was in whitish paper.

Did you see this man apprehended? - Yes.

Which way was he coming? - Up the street.

Towards your shop? - Yes.

So this man, in two minutes after, was coming towards your shop, and in his way to your shop, was apprehended? - Yes.

Was nobody else taken up? - No.

Nobody stopped? - No.

Do you mean to say that? Did not you first of all stop any body else?

Mr. George. I desire to speak.

Prisoner's counsel. I desire you will not. I desire Mr. George to go out. This young

man is under your influence. Young man, you must speak the whole truth, upon your oath. Was not there somebody else stopped? - Yes; there was a shortish man stopped.

Why could not you say that when your master was here? - I did not think of it; The two men were both together.

Was not the other man stopped on the other side of the way now? - They were both together.

Answer me; was not the other young man stopped on the other side of the way? - I do not know.

And after some scuffle let go? - Yes.

Was not that in Newcastle-street? - Yes; opposite the coffee-house.

That man was going from your house, was not he? - They were both returning to our house. They were both arm in arm, and they had two long sticks; and as we were coming up to them, they struck the other witness.

Do you mean to say that these two people, when they were stopped, were arm in arm. Who has told you to say all this? - Nobody told me any thing.

You say there were two men stopped, arm in arm? - They were arm in arm when they were coming down the street.

Jury. Speak the truth, and do not be confused.

Prisoner's counsel. Do not fear any body; I do not want to puzzle you. You stopped one man first? - Yes. That man made his escape.

That man was afterwards taken into custody? - Yes; he was taken into the oil-shop, next to the coffee-house.

That man was going from your shop? - Yes.

That man was afterwards let go? - Yes.

This man, after he was discharged, was stopped coming towards your shop? - They were both taken into custody together. When we first came to Newcastle-street, I saw them both, with two large sticks in their hand; and they struck the other witness across the thigh. He ran into the coffee-house. More people came to our assistance, and they were both taken into the oil-shop together.

Jury. You say you saw the prisoner with the bundles under his arm? - Yes.

Did you pursue the prisoner without losing sight of him? - No. They were both taken up to Bow-street; and by some means the other man went out of the door. He was let go from Bow-street.

Court. Was the other man with him at the time he enquired the way to London-bridge? - No, I did not see him.

Do you mean to say it was this man that enquired his way to London-bridge? - No, it was not this man; it was somebody else.

Who that man was, you do not know. I understood you to say, that it was the prisoner who enquired his way to London bridge? - No, it was not the prisoner. I have not seen the man that enquired the way to London-bridge since.

Then you informed a man, and had some conversation with him, and was shutting up your shop; and then you saw the prisoner with a bundle under his arm? - Yes.

How do you know the bundle contained the things your master spoke of? - I am sure they were my master's goods.

How far was the man from the shop-door when you saw him with the bundle of goods under his arm? - Not two yards off. I ran into the shop, and I saw the goods were gone; and the other witness came up to me, and asked me if I had lost any thing; I said yes; and we went up to Newcastle-street, and met the prisoner and another man. They had returned again.

When you came out of the shop, had you lost sight of the man that had the goods? - Yes. I did not see him after he came to the top of Newcastle-street.

Did you ever see the goods again? - No, they were never found.

When you saw the man again, did you know that was the man that went into the shop? - Yes. It was the prisoner I saw with the goods.

Had the man that you saw with the bundle, by the shop, a stick? - Yes.

And you say, both the prisoner and the other man had sticks at the time they were taken? - Yes.

And they struck the other witness? - Yes.

Can you, from that very transient view that you had, positively swear that the prisoner is the very same man that you saw with the bundle by the shop-door? - Yes.

JOHN JONES sworn.

I am a servant to Mr. George.

Did you see the prisoner any where near, or at the shop? - No.

Did you go with the last witness in pursuit of him? - No. There is another witness which I think is proper to be examined before me. On the 28th of November, between six and seven, I had occasion to leave the shop; in the space of two or three minutes, I was informed the shop had been robbed; I instantly came down stairs; the lad that had been in the shop, was gone in pursuit of the person. I was directed to the west end of the street. I pursued, and met one lad turning back. I made up as soon as I could, and saw a man running into Newcastle coffee-house. I suspected him, and laid hold of him; I said, are you one of the villains; no, says he, this is not the man; but pointed to the prisoner, and said, that is the man; I immediately laid hold of the person, and took the men both together into an oil-shop just by; the boy said again, he was clear he was the man; the other person, the witness, could not swear to him, therefore he went off.

Prisoner's counsel. When did the other man go off? - Before he went to Bow-street.

You did not see the other man go to Bow-street at all? - No; there was only this one man taken to Bow-street.

It was a dark night? - It was about seven in the evening. It must be dark.

Jury. The person that told you the prisoner was the man, is the boy that has been examined? - No; it was the witness that is now coming in.

SAMUEL MACHIN sworn.

As I was coming along Hollowell-street, Mr. George's boy was shutting in the shop. I met the prisoner in the street, walking carelessly along, in a slovenly sort of a manner. I saw two men stand on the contrary side of the way. I went on a little before. I stopped, and heard them asking Mr. George's boy the way somewhere; he said, right down there, that is the way; I turned my head, and saw the prisoner come along with the bundle of things under his arm, and two more, one on each side of him; and they passed me; then I ran back to the boy, and said to him, have not you lost something out of your shop; he said yes; I said follow me; and turning up Newcastle-street, I met the prisoner, and the other that was on the left side of him, turning back again.

Had the prisoner a bundle at that time? - No, he had not.

Are you sure the prisoner is the man? - I am sure he is the man that I saw in the street before he had the bundle; I am sure he is the man that passed me with the bundle under his arm. The little man I saw with them before, had left them; as I went past them, one of them struck me very sharp on the thigh; they said not a word; I gave them the pavement. I could not then see which it was. I went to the end of the street, and looked all the three ways; one went to Clare-market, and the other went to Butcher-row, the other to Drury-lane. Michael Donity said, d - n you; and I think he said, what do you want; and he came with his stick up to make a blow at me, and d - nd me; then I ran into the coffee-house; he did not hit me. That was the prisoner.

Did the prisoner follow you? - The prisoner followed me up to the door; and Mr. George's man came up, and said, that is the man that had your things; what he has done with them, I cannot tell; but he is the man that had them when he came by me.

Did you stop the prisoner at the coffee-house door? - Yes.

You did not know him before, I take it for granted? - No.

And you had not many minutes to observe him? - No, not very many minutes, only the time he was passing me; but I looked very earnest at him before he had the things; and when he had the things, he was on the same side of the way, and two more; he had a round hat on, and his hair was in a twist.

And by his just passing you in that transient way, you are enabled to know him again? - Yes.

Then you lost sight of him, for you went to the shop? - I lost sight of him turning Newcastle-street corner, while I went to the shop; then after that, I pursued him up Newcastle-street, and told the boy to follow me.

What was said to these two men coming along? - Not a word. They struck me as I came past them. They were walking towards me; there was not a word of any side after the blow. I went to the top of the street.

Then they did not run away? - They did not; but they followed me to strike me again.

Then you went into the coffee-house, and they followed you close? - Yes.

After that, there was another man there? - There was another man with him at the time; I say he was the man that was with him, but he was the man that had the property; he went into the oil-shop; he had a deal to say; and the instant Mr. George came in, he took himself off.

Then that other man was not taken to Bow-street at all? - He was not.

You did not see where this man came from? - No, I did not. I saw him with the things.

Court to John Newman . You said that these goods were in your master's shop? - Yes.

Were they wrapped up in a wrapper at the time? - Yes, there were wrappers around them, and they laid on the top of the counter.

GEORGE FORRESTER sworn.

How old are you? - Fourteen years old next Saturday. I live opposite Mr. George's. I was standing at the dining-room window, and there was one man I saw talking to the boy, while he was shutting up the shop; and another man went in, and took something out the shop.

Jury. You do not know what man it was? - No. It was too dark.

Prisoner's counsel. Then there is an end to the capital part, my Lord.

The prisoner called six witnesses to his character.

GUILTY. Of stealing, but not privately .

Transported for seven years .

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

Reference Number: t17890114-81

178. ANN MARSH, otherwise NEWBY , was indicted for feloniously taking away, with intent to steal, embezzle, and purloin, on the 17th of October last, a feather-bed, value 10 s. a bolster, value 18 d. a pair of sheets, value 8 s. a flat iron, value 8 d. the property of Susannah Beckley ; let to her in a lodging by contract .

She was also charged for stealing, on the same day, a linen apron, value 2 s. her property.

(The witnesses examined separate.)

SUSANNAH BECKLEY sworn.

I have lived the corner of Hoxton-square these forty years. I know the prisoner. I let a lodging to her on the 15th of October, as a single woman; she has a husband to my knowledge.

Were the feather-bed, bolster, sheets, and flat iron let with the lodging? - They were part of the furniture.

What have you to say against her? - She was not there above four days before she was gone with my things without notice; when she had been gone about a week, I enquired after her. I never had the key. I got the door open by another key, in a weeks time; and I missed the bed and the bolster; the bolster was not a feather bolster, but the bed was a feather bed. I missed a flat iron and a sheet; the things I missed, were a part of the things I let to her. I never got them again. I found her about twelve days after she went away. She was going into a tallow-chandler's, for a candle, and I laid hold of her. I think it was about a week or ten days after I opened the room.

Prisoner. Whether I had not a room of you for almost three months, and paid you honestly and truly; and when I went away I met you, being very much in liquor?

Prosecutrix. Lack-a-day, how can you say so!

Prisoner. I took a pair of sheets off the bed, the coverlid, the candlestick, and all the things, and put them to a neighbour's, next door; she had her key the next morning, and was very well contented, till she said I had robbed her of a brass candlestick, and she would trouble me; I heard of it, and came; I came with my husband to her, and told her where I was; at last she pulled the candlestick out of her pocket. That is the first room I had of her; now, Sir, I never took any room of her; it was a little bit of a place she gave me leave to lay in at night. I asked her what she charged. I treated her with a quartern of liquor. I gave the key to the granddaughter. The next evening, I went to her own daughter for a halfpenny candle. It is all spite, because we owe her a trifle of money.

Court to Prosecutrix. Is the prisoner a married woman? - I do not know any such thing.

Did she and a man, by whose name she went, lodge together in any room? - Yes, she lived with a man; but she never called him her husband.

How long ago was that? - About two months. She owed me twelve shillings. She told me she belonged to the Hall; I went down and enquired, and found she did; that she had so much a quarter from it; so I let her into the other room, hoping she would pay me.

SUSANNAH HOWSE sworn.

I am a granddaughter to the prosecutrix. I was thirteen, the 12th of September. I know the prisoner; she lodged at my grandmother's house twice; the first time, I believe, it was six weeks or a month.

Was there any man lived with her then? - I do not know; but she said there was a shoemaker lived with her then; but that was not her husband. She came again to lodge in about six weeks or a month; she had a room of my grandmother; a ready furnished room. She staid about two days. She came the 15th of October for the key; and on the 16th, she came for a flat iron; about noon; and about seven, she came for a sheet; and said, she must have it; I said I had not got it; she said, she had met my grandmother, and she said, it hung by the fire; I said, it did not: she took the candle off the table, and stole this apron from off the line, which was in our kitchen, just close by the chimney; that was the room where I was. I took the apron from underneath her. She sat herself down in a chair, and said she would not stir till my grandmother came home. I looked, and saw the apron hanging either from under her gown or her petticoat; I said you have something of my grandmother's; and I pulled the apron from underneath her; and another witness came down and saw it: she called me a good-for-nothing, dirty slut; and said, if she had got it, she had got it; I pulled it from underneath her covering; there was my grandmother's name on it; in pulling that apron down, this apron that I have on, fell down with it; and a cinder fell down on it, and burnt it. I saw her no more till she was taken up. A woman came down, and heard a great noise,

and saw me pulling it from underneath her; and she called her a good-for-nothing woman, and shoved her out.

Prisoner. Did not I come at ten at night, and ask for the key? - I was in bed. It was a girl in the house heard her; I did not hear her.

Court. Do you know whether any body that was in the house did hear her? - Yes; there was a girl, not near so big as me, said she did hear her; and she answered her, and said we were gone to bed.

How soon afterwards did your grandmother miss the things? - I believe she went up on the Sunday, and called up to Mrs. Banks.

Jury. Are you sure that the apron did not lay on the chair, and that therefore she was sitting upon it? - No. This apron and another were hanging upon the line. I had been ironing.

Might it not drop off the line? - No, it did not; for in taking this off, it pulled this down, and was burnt; I called in a witness, and shewed it her.

ELIZABETH SETCH sworn.

I heard a great noise in my room. I live up one pair of stairs. I came down, and this girl was taking the apron from her; the prisoner said she came for a sheet. She went out of doors, and I shut the door against her. The apron was behind her, under her cloaths.

HENRIETTA BANKS sworn.

I live in the house. I saw the things in the prisoner's possession. She came to lodge in the house, in a one pair of stairs back room. There were two beds in that room. She came the 15th of October; and I never saw her after the 16th. I heard, on the 17th, in the morning, on the stairs, about a quarter past six; I never saw her after.

Did you know she was gone to any other lodging? - No.

Do you know whether she had paid, and taken her leave? - It was but two days. She did not pay, that I know of.

Afterwards, do you remember opening the room? - Yes; that was the Tuesday following. My landlady came on the Sunday, she does not live in the house; and said she believed the woman laid there. I said I had not seen her since the 16th of the month; she told me concerning the apron; and the Thursday after, which, I believe, was the 25th. She came to me, and said she was afraid she had lost something; her arm was lame. She asked me to open the door with a key, which she had on a bunch; the door was locked; and when we opened the door, one bed was there, but not the other; one was gone. I do not know that the things were ever found again.

Prisoner. She mentioned nothing of the apron before the Justice; the apron hung on the chair. I never touched it; but sitting down on the chair, the skirt of my gown rubbed it down.

Prosecutrix. I never had the key from that time to this. I missed my apron that night. There was a little girl, ten years old, who said she heard the prisoner call. I did not.

Court to prisoner. Where did you go to from this woman's? - To one Mr. Berry's. They are not here now. I was ill of the fever last sessions. I had witnesses then.

NOT GUILTY .

Tried by the first Middlesex Jury before the LORD CHIEF BARON.

Reference Number: t17890114-82

179. CHARLES BATTIE , JAMES DAVIS , and JAMES MARTIN , were indicted for stealing, on the 10th of January , a truss of hay, value 2 s. a bushel of corn, value 5 s. the property of - Whitehead , Esq .

RICHARD PIERPOINT was indicted for feloniously receiving the same, knowing them to be stolen .

(The witnesses examined separate.)

(The Case opened by Mr. Silvester.)

MURDOCH M'MILLAN sworn.

I am a servant to Mr. Whitehead. He lives in Soho-square. The stables are the

of Falconberg-court . I had the care of the dogs, but not of the horses. I went there on Saturday, the 10th of January, between seven and eight to feed the dogs; when I came to the door, I knocked two or three times; nobody answered. I went to the publick-house to see for Battie, who was groom to Mr. Whitehead; and when I came back, he opened the door, and called to me; I asked him why he would not open the door when I was there before; he said he was afraid it was his master. I suspected something was wrong. I looked up and down the stable. He went up to give the horses hay, and I examined the stable; and before one of the horses, I saw some straw heaped up; I saw what it was, it was a truss of hay, covered with some straw. I told my master, and went down to the stable again; he was not there, nor at the publick-house; I told my master; he desired me to go down a second time; he was not there. About eleven, I found him in the publick-house; I told him his master wanted him; he refused to come with me. My master sent another servant, and he came. My master asked him for the key of the stable; he said it was at the publick-house; I went there, and they said it was not there. I came down again, and could not make them hear me; upon his hearing me say that the key was not there, he gave the key to my master; and my master gave me the key; and he went down to the stable with me; there we found James Davis , and carried him up to the house; he came to the door; when we opened it, Davis was behind the door. I cannot say I was inside the door. I was there when the door was opened.

What is Davis? - I cannot say. I did not know him before I saw him sometimes thereabouts. I had seen him in the stables with Battie before. Then Davis said, there was this Martin there, and a boy; we went down again, and the door was bolted. I was obliged to go to get a ladder, and break the window; and we found this Martin and the boy there. The boy's name is Edward Davis . We found the boy in a manger, and Martin was standing still. We carried them up to the house. The truss of hay was gone. I have no knowledge of Davis particularly, further than seeing him at the stable, and at the publick-house with Battie.

Mr. Knowlys, prisoner's counsel. How long have you lived with Mr. Whitehead? - I cannot remember the time rightly; about four or five months since I came about his house first.

You said you knew Davis by sight? - Yes. I had seen him about a fortnight or three weeks. I have met with him at the publick-house, and spoke to the man. I wished him no ill.

I believe, to your knowledge, before this time, Davis had slept in these stables some nights? - I knew he had slept there: Battie had slept there too.

You had not acquainted Mr. Whitehead of that? - No.

I suppose that was not altogether correct? - No; but as he was a poor honest man.

Did you tell Battie there would be no harm if he would let Davis sleep there? - I never did. He never asked my advice concerning it.

Was not Davis in the stable at the time you knocked at the door, when Battie said he was afraid it was his master? - Yes.

Court. Did you see Davis in the stable the first time? - Yes.

Your master's stock of hay was low? - Yes.

Is not it customary for coachmen and gentlemen's servants to borrow hay of each other? - Yes.

How soon this truss of hay came in you do not know? - No.

- WHITEHEAD sworn.

My house is in Soho square; my stables behind Falconberg-court. The prisoner, Battie, was my groom; he had the care of my horses. The last witness had the care of my pointers and spaniels. On Saturday, evening, the 10th of January, Battie was brought to me between eleven and twelve; he appeared to me to be a little in

liquor; I asked him for the key of the stable.

Court. Battie being then a little in liquor, I think we cannot hear any thing but facts; we cannot make evidence of what he said; the objection to the confession of a man in liquor, being stronger than one obtained by promises and threats, and for the same reason, that it may not be true? - In consequence of what he said, I went to the stable; he gave the key, having first said he left it at the publick-house. The last witness is mistaken; he told me there was Davis in the stable, who had the key with him in the stable. After my man had been sent to the publick-house, I went with the watchman, and one or two more; we called out in a feigned voice, Jem, open the door; after which the door was gently opened on the inside; we found Davis there, and brought him to my house; when I got him home, I asked him what business he had there; he then said, there were two others in the stable; that one of them was his own son, and begged I would not alarm or hurt the boy, or words to that effect. I got another watchman; and when we got to the stable the second time, we found the door fast, as we imagined in the inside; we called up our next neighbour to borrow a ladder; the watchman, and the other servant broke a pane, and got into the stable; there we found Martin, and young Davis; they were taken to the watch-house; the prisoner, Davis, to all appearance, was perfectly sober.

Did you make use of any promises or threats, to induce him to tell you why he came into the stable? - I did not to any one.

Did Davis say any thing why he came to that stable? - He made excuses for having come there to assist my men to attend the horses. He made no confession; he denied it. I never suspected Battie of dishonesty before he was found out. I never looked for the hay. I always give my servant a caution never to suffer any person to come into the stables.

EDWARD DAVIS .

Mr. Knowlys. I believe Pierrepont was not taken up till Thursday last? - He was not.

Mr. Silvester. Was you present when he was examined? - Yes.

Was any promise made to him? - No. He said he had been out of the way for some days till the sessions was over, for fear of sending him to gaol.

Court. Before you examine the boy, is there any other witness that affects Pierrepont? - No other.

Then I shall let him give his evidence as to the other three prisoners, but not as to Pierrepont.

Mr. Silvester. How old are you? - Going on fourteen.

Prisoner Davis. He is my son; he was born at Bristol, in the time of the riots.

Do you know what you came here for? - I shall go to hell if I tell a lye.

Do you know you came here to speak the truth? - Yes.

Do you know you are liable to be punished if you speak false? - Yes.

(Sworn.)

Prisoner Davis. Let me speak.

Court. Not till after the boy is examined; afterwards you shall say any thing.

Mr. Silvester. Do you know Mr. Whitehead's stables? - Yes; they are in Faulconberg court.

Do you know Charles Battie ? - Yes.

What is he? - He is Mr. Whitehead's servant. I was in the stable; I had been there a fortnight; me and my father.

Did you lay there? - Yes.

Did any body else lay there? - Yes; there was Martin. Charles sold some hay to Pierrepont for a shilling; a truss he sold for a shilling.

Who carried it? - Pierrepont carried it out of the stable down Falconberg-court. It was Friday se'nnight.

Did any thing happen that day that you was taken up? - No; there was nobody

but me and my father, Martin, and Charles Battie , there. I saw nobody taking hay the day I was taken up; I was out another way.

Was your father and Martin there when they was sold? - Yes.

Court. You were taken up that night, you remember? - Yes.

Do you remember seeing any thing of a truss of hay, that evening, in the stable, under some straw? - No. I saw some corn there.

Do you know Murdock M'Millan ? - I know Murdock; I remember his coming to the stable to feed the dogs: he could not; get in, at first. I was in the stable; and Charles said, I think that is my master coming. Charles was there, and my father: Martin was not there; he was at the alehouse. Charles said to me, get under the manger. Murdock saw me, when we opened the door.

Do you know any thing of a truss of hay that was in the stable when he came to feed the dogs? - There was some hay in the hay-loft; but there was none under the straw, that I know of.

Then that was the day before you was taken up, that the hay was taken? - Yes.

You do not know of any of the Saturday evening? - No.

Do you know any thing of any corn? - Yes; my father used to carry some out in a bag.

Do you know where he carried it to? - To Hedge-lane, to a man that keeps a cart; his name is Davis.

When did he take any corn out? - He took it out (I forget what night it was, now) when Charles sold the truss of hay. My father was there, but Martin was in the publick-house. My father said, stay in the publick-house, do not come in, because my master will turn you away.

Who took the money? - Charles took the money.

What was done with the money afterwards? - I do not know; we went in, and had some beer together.

Did he give any part of the money to any body else? - He gave no money to any body else; he gave my father some beer.

Mr. Knowlys. You say you are fourteen? - I believe I am fourteen.

When did you first believe that; have you never said that you was only nine or ten years of age? - No, Sir; I have not said that this great while.

Did not you say so last Saturday? - I told Mr. Whitehead I was fourteen.

Did not you say, to some other person, that you was only nine or ten? - I did not say that; I am sure I did not.

Do you know a gentleman of the name of Thornton? - No, Sir.

At the Three Tuns, in Oxford-street? - Yes, Sir; his name is Taylor.

Do you know Mr. Whitfield? - Yes.

I believe Mr. Taylor told you that you had stole a pair of shoes of his? - Yes.

Court. If you want to discredit this boy's testimony, you must prove it generally.

Has not Mr. Taylor, of the Three Tuns, charged you with stealing a pair of shoes? - He said I had done it, but I never did.

Now, Mr. Whitfield, did not he say you had stolen a piece of iron of his, and a fowl? - He did say that I stole a fowl in his stable; but I did not.

Do you recollect a little boy, with an ass, who accused you of stealing his ass, too? - I asked him to come along with me, and I would shew him some buildings: he came after me; and when I saw the workman belonging to the fields, I ran away.

Was it the brickman, then, that said you stole the ass? - Yes.

How lately has this been? - A good while ago.

JOHN THORNTON sworn.

I live at the Three Tuns, in Oxford-road; I am a servant there. I know this little boy; I have seen him about a good while.

What character does be bear? - A very bad one.

Would you believe him on his oath, as to any thing he would say? - I would not. I have known him three months back; he came in to warm himself during the frost.

Mr. Silvester. You have been particularly acquainted with him three months since? - Yes.

Intimately acquainted? - No. I have often threshed him out.

You knew his father very well? - Yes, I have seen him there; the father and son were together, in general. I never heard him examined before; never knew he was examined as a witness.

WILLIAM WHITFIELD sworn.

I live in Oxford-road. I have seen this little boy about my shop this hard weather.

What character does he bear? - I know nothing of his character.

Would you believe him on his oath? - I think him a very great rogue.

Would you believe what he says on his oath? - No, that I would not.

Mr. Silvester. What are you? - A farrier.

An old iron shop? - No, I shoe horses; and will for you, if you please. I have lived in Oxford-road a good many years; facing Mr. Smith's brewhouse. I keep thee men.

Court to M'Millan. Whereabout was the truss of hay that you found covered with straw? - Under the manger; it was gone when I went to the stable between eleven and twelve.

When you went in, was Davis and his son there? - I only saw the father.

I think you say Battie went up to the loft, to give the horses some hay? - Yes. I looked about. Old Davis went up to the loft with Battie.

Was it a compleat truss, tied up? - Yes.

JOHN GARREL sworn.

I know Charles Battie ; have known him ever since he has been in these stables, a very good character for honesty; I know nothing against him. I know nothing of Davis.

BENJAMIN WILLIAMS sworn.

I am a coachman; I stand in the same yard. Battie bore a very good character ever since I knew him.

THOMAS HODGE sworn.

I knew Davis eight or nine years; he always followed the occupation of a rat-catcher; I never heard any thing against him. His son came to my house last Wednesday evening. I was going to bed. He told me he was destitute of a lodging, and begged me to let him abide at my house till the morning; I told him he might sit by the fire. In the morning, I gave him some breakfast, and dinner; he staid the whole day. He said his father was in trouble; I asked him what for; he said on suspicion of stealing some hay and corn out of a gentleman's stables in Soho Square, and that he was taken up too. He said, the gentleman took me to his house, and locked me up in a room, and told me I should be hanged, if I did not tell concerning what became of the day and his corn; says he, I did not know what became of it, but they told me it was sold to a coachman, in St. Giles's, one Mr. Pierrepont. I was afraid of keeping him in my place, so I sent him to my brother; and a gentleman took him to Mr. Whitehead. I remember the boy when he was in his mother's arms; I do not look upon him to be more than ten or eleven, though he told me, when he was going to the magistrate, the gentleman told him to say he was fourteen.

How long is it since you knew him? - Ten or eleven years.

Did you know him above eight years? - Yes; he was a little child in petticoats. I first knew him on Saffron-hill; I remember him about eight years.

He was two or three when you first knew him? - He might be.

Do you recollect when you first knew him? - It was since the time of the riots

in L; it might be two or three years since.

How many years is it since the riots? - About eight or nine years.

Jury to M'Millan. What way is the hay brought down to the horses in general? - It is put down from the loft to the rack.

Not put down in trusses? - No.

Whether, when you looked about the stable, you found the boy concealed? - No, I did not.

ALL FOUR NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Court. This man, Davis, and his son, laying about in stables, come within the vagrant act; they ought to be taken before the magistrate.

Reference Number: t17890114-83

180. SARAH, wife of JAMES SMITH , was indicted for obtaining a dozen of wine-glasses, and a dozen of green-handled knives and forks, by false pretences , the property of Eleanor Fothergill .

The indictment stating that Miss Worlings was an acquaintance of, and well known to, Eleanor Fothergill ; and it appearing, from Miss Worlings' evidence, that she never saw her, or spoke to her, the prisoner was ACQUITTED .

Tried by the London Jury before Mr. ROSE.

181. She was again indicted for obtaining, by false pretences, on the 4th of January , one dozen of wine-glasses , the property of John Steel .

JOHN STEEL sworn.

I am master of the Half-Moon, in Smithfield . The prisoner came, the 4th of January, to my house, with Miss Worlings' compliments, and would be glad I would lend her a dozen of wine-glasses; which my man delivered to her, by my order. I know Miss Worlings very well; the prisoner appeared as her servant .

KITTY WORLINGS sworn.

I keep the Bell, in Smithfield. The prisoner lived nine weeks servant with me, four months ago; I turned her away. I never sent her to Mr. Steel for these things.

Prisoner. She cried for me to stay with her.

Miss Worlings. I did not, upon my oath.

Prisoner. I hope you will take it in into consideration; I never did any thing amiss before.

GUILTY .

Fined 1 s. imprisoned six months .

Tried by the London Jury before Mr. ROSE.

Reference Number: s17890114-1

The Trials being ended, the Court proceeded to pass Sentence as follows:

Received sentence of death, 18.

Edward Riley , John Happy , Richard Cole , James Walton , Robert Cox , Mary Wade , Jane Whiting , William Caddick , John Norrington , William Creig , William Harper , William Glover , James Grace , Joseph Walker , Mary Hounsett , Thomas Ward, Charles Woodyer , and Henry Holmes .

To be transported for fourteen years, 1. Ann Hannaway .

To be transported for seven years, 27.

James Dawes , George Evans , Michael Donity , James Burley , James Benson , John Howard , John Simpson , Jane Walter , John Carter , John Guyat , Joseph Manning , John Griffiths , John King , Sarah Acton , William Bretcher , Thomas Murray , George Drew . Mary Thorpe , Robert Young , Mary Higgins , Edward Farrell , Thomas Williams , Benjamin Bird , Lewis Lang , Thomas Neale , Richard Haynes , Cuthbert Rutledge .

To be imprisoned six months, 13.

Frances Fielding , Dominick Veiriott , John Morris , James Seers , Edward Hill , Christian Trail , Elizabeth Wells , Sarah Baker , Esther Brenton , Gregory Hughes , Sarah Smith (fined 1 s.) John Butler , Catharine Thompson .

To be whipped, 7.

John Allso , James Bishop , John Morris , William Simms , James Newth , Gregory Hughes , John Butler .

Sentence respited on William Boston , being lame.


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