Old Bailey Proceedings, 3rd June 1789.
Reference Number: 17890603
Reference Number: f17890603-1

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 3d of JUNE, 1789, and the following Days;

Being the FIFTH 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 V. PART I.

LONDON:

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

MDCCLXXXIX.

[PRICE EIGHT-PENCE.]

THE WHOLE PROCEEDINGS UPON THE

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

BEFORE the Right Honourable WILLIAM GILL , LORD MAYOR of the City of London; the Honourable Sir WILLIAM HENRY ASHURST, one of the Justices of his Majesty's Court of King's Bench; the Honourable Sir RICHARD PERRYN , one of the Barons of his Majesty's Court of Exchequer; JAMES ADAIR , Serjeant at Law, Recorder of the said City; JOHN WILLIAM ROSE , Esq. and others his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Gaol Delivery of Newgate, holden for the said City and County of Middlesex.

London Jury.

Thomas Maddocks

John Lovell

Philip Payne

Charles Skinner

William Borrett *

* John Tubby served on Thursday in the room of William Borrett .

William Batchelor

John Clark

Levy Corke

William Gifford

Thomas Simkin

Thomas Mudford

John Crane

First Middlesex Jury.

Joseph Ashmore

Robert Askew

Samuel Ray

Robert Mimms

Joseph Mathers

Joseph Nash

John Musgrave

Richard Mason

William Cartwright

William Booth

Thomas Yeomans

William Dawes

Second Middlesex Jury.

John Cowey

William Clisshold

Cuthbert Hilton

Thomas Snow

Thomas Sanders

Samuel Collins

John Sym

Charles Langworthy

James Labbott

David Wallace

Stephen Gearing

John Hawkins

Reference Number: t17890603-1

406. JOSEPH RIDLEY was indicted for feloniously stealing, on the 17th of May , fourteen silver table-spoons, value 30 s. and six silver desert-spoons, value 8 s. the property of James Lockhart , Esq.

JAMES LOCKHART , junior, sworn.

On Sunday the 17th of May the prisoner waited upon me at dinner, he was a servant to my father; after dinner he ran away, the next morning I knew he was gone, and there were missing twenty silver

table-spoons; he lived with my father about a month.

JOHN BATEMAN sworn.

The prisoner, to the best of my knowledge, came to my shop; I am a silversmith in Red Lion-street, Whitechapel, I think it was the 20th, I am not positive, it was about dinner, between one and two, he produced a silver spoon, and said he wanted to sell it; I weighed it, and gave him five shillings an ounce for it; he went away, and in a short time brought five more; then I observed a crest upon them, and I asked him whose crest it was; he shook his head, and said it was his own crest; I weighed them, and paid him for them, and then he went away; the next morning on looking over the papers, I saw these same spoons advertised in the papers, I went to Bow-street, and met, I think, young Mr. Lockhart there.

Court. Are you sure the prisoner is the man who brought the spoons to you? - To the best of my knowledge I think it is the same man, I believe he is the person.

Have you any doubt about it? - He was not in this dress at all.

Have you any doubt whether it is the man or not? - I think I have no reason to doubt but it is the same person.

Do you doubt? - No, I do not doubt but it is the same person.

(The spoons produced and deposed to.)

Did this man, coming a second time with five more spoons, give you no suspicion? - Yes; on that account I went to Bow-street, thinking he lived in our neighbourhood, but I never saw him before in my life.

Court. It is very unguarded to buy such things of strangers? - It is very often done.

It ought not to be done, and you should bear in memory the case of the silversmith in the Strand; your business ought to be conducted with great caution, in buying old silver, both for your own sake and the sake of the public.

WILLIAM THURSTON sworn,

I am servant to Mr. Payne. pawnbroker in Bloomsbury; I took this spoon of the prisoner at the bar on Monday the 18th of May; I am sure it was the prisoner.

(Deposed to.)

DAVID LLOYED sworn.

I produce a table spoon which I received of the prisoner on Monday; it was pledged by him.

(Deposed to.)

Prosecutor. We have only recovered these eight, but the prisoner has confessed where the rest are.

Prisoner. I have nothing to say, but to beg my master's mercy, and the mercy of the Court; I have no witnesses.

GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Court to Prisoner. Your master has shewn you as much lenity as you deserve in not indicting you capitally; the crime of a servant robbing his master is so aggravated, that I am sure if you had been capitally convicted, I should not have recommended you to his Majesty's mercy.

[Transportation. See summary.]

Reference Number: t17890603-2

407. LEONARD WILSON was indicted for feloniously stealing, on the 3d of May , a silver tea-spoon, value 2 s. and a watch called a dumb repeater, set with brilliants in gold, value 37 l. the property of Sir George Stanton , Bart.

Sir GEORGE STANTON , Bart. sworn.

The prisoner attended on my son's person, and he spoke Latin to him; my little boy speaks Latin, and this man is conversant in Latin; I have other masters to him, but he dressed and undressed him, and also spoke Latin to him; my son is eight years

old; on Sunday the 3d of May, he asked me leave to go out to see a friend in the afternoon, I gave him leave, and desired him to be at home time enough to put the boy to bed, he was at home about half after 8 o'clock, and went up stairs and put him to bed; about half after 9 o'clock I was informed he was gone out again, which I was surprized at; after waiting some time I ordered my door to be shut about 12 o'clock; he did not return that night; on the next morning my wife took notice her watch was missing, I went up to the usual place where it hung, and it was not there, I went to the watchmaker's who had it to repair, in order to know the name and number which I had forgot; the same day I went to Bow-street, hearing the man had been seen in town; as I was giving an account of the robbery, Mr. Heather, who is now in Court, came in and produced the watch, which he said he had stopped on a person that had sold him a spoon; that person I afterwards saw was the prisoner, on producing the watch I perceived it was mine.

JOHN BECK HEATHER sworn.

I have two shops; on Monday the 4th of May, the prisoner brought this spoon into my front shop about noon; he offered it to sell; I gave him two shillings and three-pence for it; then he went into my back shop and produced this watch to one of my young men, that he wanted to buy a watch exactly like that; when I went in, I asked him what he pleased to have, he held the watch at about a yard distance; I said, let me see it; as soon as I opened it, I asked him where he lived, and how he came by it; he gave me the watch into my hand, and I asked him if he knew the maker's name of the watch; he said it was made in Dublin; I asked him some more questions how he came by it, and in a passion he snatched violently at the watch, but I did not part with the watch; I stopped him immediately, and sent down to Bow-street, I took the watch to Bow-street, and found Sir George there; the prisoner was immediately taken to Bow-street, he never got away the least in the world; Sir George immediately owned the watch.

(The watch produced and deposed.)

PRISONER's DEFENCE.

My Lords and Gentlemen of the Jury; I shall tell the affair what gave rise to it, and also to my taking it; I received permission on a certain Sunday from Sir George, to visit a certain number of friends, being obliged to quit their company at 7 o'clock to put the young boy to bed, I made a promise to return again to the company; having occasion to go into my Lady's room, I saw this watch hanging up, I judged it might be convenient for me to put it into my fob to know the hour of returning, I went to them, we happened to stay out longer than I imagined, then it was too late for me to return back to Sir George's; in consequence of which we were about to spend the whole night drinking and revelling; in the morning I was so drunk I did not know what I was saying, but that my taking the watch did not proceed from any villainous intention, can easily be seen from certain circumstances that attended it and my apparel. At the shop I sold a little tea-spoon which I found the morning before in St. James's-street, the pawn-broker never asked me whether that spoon was found by me, or whether it was my property, or whether it was stolen or not; or if I had any intention of selling the watch; however I never offered to sell it or pawn it; it may easily be seen from that circumstance alone that my intention was not either to sell it or pawn it; I could have no great diffidence at the time with respect to the pawn broker's buying it, for he bought the spoon; secondly he asked my address which I readily gave him; if I was any way apprehensive, I should have given him a wrong address, but I gave him my right address: I have not many acquaintance in this country; Sir George

had a very good character with me, and that person that gave him the character, is the only person that knows me.

Sir George. I know nothing of him except from the character that an usher at an academy wrote to me of him. The prisoner appeared very distressed when he came to me, and as I knew that men may be very honest though very much distressed, I was cautious, I wrote to a man the name of Lawrence, an usher at Greenwich, and he wrote me a letter that had very much the appearance of candor, and said he doubted not but he would behave very well, unless he got into the company of some of his own countrymen, who were great cormorants, speaking of some of the lower sort of Irishmen that were in London; I understood he had been bred in Paris with intent of being a priest, but did not chuse it, he speaks latin very well.

GUILTY .

Prisoner. The gentleman, the pawnbroker, says I made a violent snatch at the watch; I never thought of it; besides he allowed that I never offered either to sell or pawn the watch, nor asked the value of it; all that I said of it was, had he such a thing in his shop.

Court to prisoner. You have been convicted upon the most clear and satisfactory evidence of a crime, attended with such circumstances of aggravation, that if, as from the circumstances of the crime, you had been indicted and found guilty of the capital offence, I certainly should not have recommended you to any mitigation of that sentence which the law would have inflicted; and it is highly probable, from his Majesty's attention to justice as well as to mercy, that your life would have been forfeited. Most unquestionably humanity stands foremost in the list of virtues; yet I cannot give entire approbation in this case to the conduct of the prosecutor, arising from that motive; I think Sir George Stanton , in not charging you with a capital crime, has sacrificed a good deal of public justice at the shrine of humanity. It is my duty therefore to enforce the justice of the country, as far as the law will now permit me to do it; and I cannot shut my eyes against the circumstances attending this fact. You were admitted into the house of Sir George Stanton under a double trust; you were received in distress from motives of humanity, you were admitted in the double trust of a servant, and the still more sacred one of an attendant on his child: you were admitted on account of having had an education superior to your apparent rank and situation in life, which it was supposed might have qualified you, if your disposition had been honest, to have been useful in the family, and to have been of service to yourself; but your own wicked disposition broke through all those ties of gratitude and of confidence, and induced you to avail yourself, contrary to that light and knowledge which education ought to have thrown into your mind, to plunder the property of your master and benefactor. Under these circumstances most unquestionably the sentence of justice must necessarily be the severest the law will permit; had you been capitally convicted, I should most undoubtedly have recommended it to his Majesty to have ordered you for immediate execution; as that is not the case, it is my duty to go as near it as I can, and you are therefore sentenced to be

Transported to the coast of Africa for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17890603-3

408. WILLIAM STEPHENSON was indicted for stealing, on the 20th of May , half a crown and a shilling , the monies of George Potter .

GEORGE POTTER sworn.

I am a haberdasher in Gerard-street, the prisoner has lived in my service rather

more than two years as a porter ; the first intimation I had of it was on Monday, May the 18th; I was informed by some of my servants that he made a practice of robbing my till; and on the Wednesday, at the time of my going to dinner, I prepared some money marked; I went to my smith, and desired he would mark it for me, I saw it marked; I generally leave in the till about a guinea in change at my dining-hour, which is four o'clock; I left that day half a guinea in gold, eight shillings and half a crown, and two six pences which had been previously marked by the smith; this money had likewise been shewn to one of my servants, who noticed these marks in particular; I had likewise prepared a hole through the wainscot, and I placed myself close to the wainscot to watch; I had not been there above seven or eight minutes, before the prisoner at the bar came from the compting-house, which was his proper place behind the counter; he placed himself near the till, took it out, put in his right hand, and took out something which he put into his breeches pocket; as soon as he shut the till again, and was turning round, I rushed out upon him, I collared him immediately, and told him he had robbed me; I then desired he would empty his pockets; he himself took the money from his breeches pockets, where I think there was nine or ten shillings in silver; we then looked into the till, and we missed a half crown piece and a shilling of the marked money, and among the money he himself put from his breeches pocket on the counter, was the half crown and shilling so marked; two of my servants, who saw the whole transaction, are here.

- HUDSON sworn.

I produce the money which was taken off the counter, from among some money which I saw the prisoner pull out of his pocket; I saw this money before it was put in among other, it is the same, I know the shilling in particular, there are other marks in it; the half crown I have no doubt of.

(The money deposed to by the prosecutor.)

CHARLES MORRIS sworn.

I marked this money, I know them by these marks; these are the marks I put upon them, I have no doubt.

Prisoner. I have nothing to say, I have no character; I was advised to plead guilty, and not to trouble my friends.

GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

[Transportation. See summary.]

Reference Number: t17890603-4

409. SAMUEL COOKSON and EDWARD DAVIS were indicted for burglariously breaking and entering the dwelling house of Charles Fricker , about the hour of one in the night, on the 30th of March last, and burglariously stealing therein one hundred pounds weight of stone blue, value 5 l. eight pounds weight of Mecklenburgh blue, value 30 s. a hempen sack, value 6 d. three pounds of sealing-wax, value 2 s. his property .

CHARLES FRICKER sworn.

I live at Holywell Mount ; on the 31st of March last, my compting-house was broke open, and my mill-room; I am a manufacturer for making stone-blue, the buildings all join, I am obliged to come out of my dwelling-house to come into the yard, to come into my compting-house; the yard adjoins my dwelling-house, inclosed in a fence, my servant fastened the door at night; on Tuesday morning about a quarter past six, my men generally come to work; I do not particularly know whether I let them in myself or my servant let them in; he took the keys and went up the yard; I followed him in a very few minutes afterwards, and he informed me the north side of the compting-house door was open, and asked me if I had opened it; I answered in the negative; I found the compting-house in disorder, and a number

of packages about the floor; I said somebody has been in here, there is a parcel of lampblack, sealing-wax, and a number of things on the floor, trampled under foot, on the north side of the compting-house; I found a parcel of stone-blue put in various parts, and sealing-wax, and one of the windows of the mill-room was open, and the sash drawn back, the bolt was nearly wrenched off; I went then and fetched the key that opens the door, and we went in and found the blue boards that were full over night all stripped; I lost about one hundred and sixty pounds weight of blue; an hundred pounds weight of this blue is worth five pounds, and there were some papers of starch, but I cannot positively say how many; an officer belonging to Mr. Walker came and asked me if I dealt in starch, and I went with him to Hyde-street, Bloomsbury, and there were the two prisoners.

JOSEPH GRIFFIN sworn.

I am a servant with Mr. Fricker, I fastened up the mill-house and the compting-house the night before this robbery; at eight o'clock at night; and I particularly fastened that window which was open the next morning; it was before dark about twenty minutes, I was the first person that went to it in the morning, that was about half after six, then it was light; I found the door open, and the mill-room window open, and the things all lay about; I went down the yard, and met my master and told him; he came up the yard with me, he looked into my room, and we saw the lampblack and blue, and sealing-wax laying about.

THOMAS PHIPPS sworn.

I drive a hackney coach, I was taken from Bishopsgate-street, between one and two in the morning, by a couple of young men, I asked them where they wanted to be drove to; they said they wanted to go but a very little way; one got into the coach, and the other got on the box, he on the box told me to drive fast to Holywell Mount, and then to St. Giles's; after I drove him to Holywell Mount, I asked him whether he was going to put any thing into the coach or no; he said yes, they were going to put some parcels into the coach; I told them it was a very unseasonable hour to put property into the coach, and that nothing should be put into the coach that night, for there had been instances of people putting smuggled goods into a coach, and then seizing on the coach and horses; they declared it was nothing of that kind; and in a little while I let them put it into the coach; after they had put it in the coach, one got on the box, and the other into the coach again; I asked them where they chose to be drove to; one of them never left the coach, while the other fetched two bags and put them into the coach, he was not gone above a minute or two; where they fetched the bags from I do not know.

Court. Do you know the men by sight? - I cannot positively say I do, for we hackney coachmen carry all kinds of people, and I had been drinking that night, and I cannot say that these are the men, I believe they are the men, but I cannot swear positively to them, they ordered me to drive them to Conduit-street, I knew of no such street, but I was rather frightened with the men, and I told them I would drive them there, they told me to drive as fast as I could; when I got to Holborn they told me to stop, and they broke the glass of the coach; they said they were very sorry, and asked me if I would not have something to drink; I suspected it was smuggled goods, I persuaded them to stop at a house that I use; but they told me to drive to the Old Pilgrim in Holborn, which is a house that I never use; there they took the things out of the coach, then they asked me the damage of the glass, and I told them half a crown; they asked me what my fare was, I told them two shillings; they said, here is five shillings for you; in the mean while they ordered a pot of hot, I went into the house, it was very full of company, I stopped about ten

minutes, and I came home and went to bed, and two of these gentlemen here came down to me; they had taken the number of the coach at the Pilgrim.

Prisoner's Counsel. When you came to this Pilgrim, the house was full of company? - Yes.

A great many people? - Yes.

You do not know the number? - No.

The persons you took in your coach, whom you cannot swear to, one of them never left your carriage at all, and the other was not gone above a minute or two? - No.

Prosecutor. I beg leave to address your Lordship and the Court on this last evidence.

Prisoner's Counsel. If we are to have comments on the evidence, I desire all the witnesses may go out of court.

GEORGE BAILEY sworn.

The last day of March this coachman drove to the Old Pilgrim, I was servant there at that time; the coachman came in and ordered a pot of hot to be made; I made it, it was between two and three in the morning, I carried the pot of hot to the coach; they asked me if they might leave a little lumber there; I told them to ask my mistress leave; but she would not let them, she said it might be smuggled goods; they ordered me to make another pot, which I did; they came in and sat down, but the goods were found in our yard the next morning when it was light; I saw nothing of the goods going in; I did not see the goods in the coach; one of the men in the coach gave me a crow and a cutlass, and desired me to take care of them, and they would call in the middle of the day; I carried them down, and put them on the head of one of the butts in the cellar; they were taken that morning, and as soon as I found that, I delivered them to the constable that took them.

THOMAS KENDALL sworn.

I was an officer then, but I am not now; on the 31st of March last, between six and seven, I was called out of bed to go to the Pilgrim in Holborn; I met the landlord in Holborn, he told me there were some things in his yard, and there I found two bags with starch and blue, and some other things; I went into the tap-room, and when I went out, the two prisoners walked out of the tap-room into Holborn; I followed them, and took them on suspicion; the landlord's name is Stapleton; I took the two prisoners to the watch-house.

Court to Bailey. How late did the prisoners stay at your house? - I cannot say what time; from between two and three, to seven; it was light when they went away.

When was it that they gave you this crow? - It was between five and six when they gave me the crow.

Who were the men that came in the coach? - I did not see them come out of the coach, but it was the tallest of the prisoners that came in and ordered the pot of hot, there were four or five coaches there besides, the coach could not come close to the door; the other man gave me the crow.

Prisoner's Counsel. There were several coaches at the door? - Two or three besides, I did not see any body get out of the coach, there were four or five coachmen in the house besides; it is a night-house, a watering-house.

Jury. When you carried the first pot of hot to the door, was any body in the coach at that time? - They were not in the coach, they were standing by the side of the coach, and the coachman with them.

Kendall. I searched the prisoners, and on the prisoner Cookson I found this flint and steel in his pocket; I went back to the house, and Bailey gave me an iron crow and cutlass, which he said he received from one of the prisoners; in one of the bags I found this iron crow, which I have had in my custody ever since; and that is all I know.

Prisoner's Counsel. If I understand you right, the things you found were in the open yard? - They were, I cannot be

positive whether any body can go there from the street.

PRISONER DAVIS's DEFENCE.

This man took us into the house and asked the landlord whether he knew who brought the property there; he said no; the landlady said the same, and the waiter the same.

Kendall. I did ask the landlord, and he said he did not know any thing about it; I did not see his wife.

JACOB FREEMAN sworn.

I am a constable; the morning the prisoners were taken Kendall the officer applied to me, and told me he had two suspicious persons in custody, and desired I would look at them; I looked at the property and at the instruments that are here, and I took a coach and went round the town, and found the prosecutor's premises, and I compared the instruments with the shutter that was broke open, and it exactly fitted; the first impression was made with this, then there was the purchase made with this; there was the impression in the shutter exactly corresponding with this instrument; I found the premises in a very confused state; there had been a candle burnt, and a tinder-box lay in the window.

Prisoner's Counsel. You belong to Justice Walker's office? - Yes.

Then you know that any instrument of that size would make exactly the same impression? - If there was one cast in a mould of that size, it would make the same impression; there were two instruments made use of, and these two instruments at their two ends exactly correspond, where the shutter was broke; one raises the shutter up with a smaller purchase, and the other raises it with a larger purchase, and both these instruments fitted to the places.

EDWARD TREADWAY sworn.

I am a constable; on the 31st of March I went with Mr. Kendall to find out the coachman, after we secured the property we found in Old-street-road; we found him by the number of the coach, I do not know who took the number of the coach, whether Mr. Kendall told me the number or no, I cannot be positive, I went to take them, and this handkerchief out of the prisoner Davis's pocket, and by this handkerchief we went to enquire after the person that had been robbed; there is the full name of M. Sutherland on it; the handkerchief was bloody, we enquired for the name of Sutherland, we thought the person's name that was robbed was Sutherland, but it was not.

Court to Bailey. You said you was the waiter at this public-house? - Yes.

When you went to the coach, who did you find there? - The two prisoners and the coachman.

Should you know that coachman again, if you was to see him? - Yes.

Court. Let Phipps stand up.

Court to Phipps. When the liquor was brought out of the public-house, was you standing at the coach with the prisoners? - No, I was giving my horses some hay.

Which of the prisoners was it that went for the liquor, and which stood by the coach? - I do not know which, I do not know these were the men.

Did the two men you brought in the coach, one of them go into the public-house, and the other stop at the coach? - No, they went into the public-house and ordered the liquor out, one of the men; the liquor was brought out by this man the waiter.

What kind of a bag was it that they brought the things in? - They seemed to me to be two sacks of things, they were carried towards the house as far as the door, I saw them carried as I stood feeding my horses.

Court to Bailey. Did you see any thing that contained the things that were brought by the prisoners? - No.

You told us just now that they wanted to leave some lumber? - Yes, when they ordered the first pot of hot; but I did not

see either the bag or any thing belonging to it.

Court to Prosecutor. Look at these things, and for whether you can swear to the property? - Here is the die which I am going to produce to your lordship, which this blue was made from; this dye has a stamp upon it, but I suppose it is so defaced now there is no seeing; this is made from this dye, and it is marked with my own initials, from that I can swear to its being my own property.

Jury. Is there any impression on that blue? - There is a little, but it is almost defaced now; this trial was put off last sessions, on account of the illness of the prisoners; here is a paper of starch which was found on the floor, which I marked with the same hand-writing, which corresponds with those that are taken away.

Prisoner's Counsel. Who wrote it? - I cannot say.

You are, I understand, a very capital manufacturer? - Ah! there is no occasion to ask whether I am a very capital manufacturer or not, the gentlemen of the Jury will judge between us; I make blue, that is what you wish me to answer, I do not wish to have that put upon me, that I do not make; I am not a very capital manufacturer.

Court. Did you see any thing of a tinder-box any where? - Yes.

Where was that? - Upon an iron in the room where the men seal up those papers of lamp-black.

Was that tinder-box yours? - Yes.

Were the flint and steel with it when you found it? - That I cannot say.

There is nothing else that you can swear to, but that blue from your stamp, and that paper which was in your mill-room? - No.

It is Stonard's starch, he is a capital manufacturer of starch? - Yes he it.

PRISONER COOKSON.

I leave it to my Counsel.

PRISONER DAVIS.

I leave it to my Counsel.

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

BOTH NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17890603-5

410. JOHN COWELL was indicted for stealing, on the 6th of May , one wooden box, value 6 s. twelve knives and forks; value 5 s. and one carving knife and fork, value 1 s. the property of Richard Smith .

RICHARD SMITH sworn.

I only prove the property.

ELIZABETH SMITH sworn.

Our shop is in Glasshouse-street, Golden square ; I was sitting in the parlour, I saw a young man go out of the shop with a bundle under his left arm, it was the 6th of May, about half after three, my door was open, and the shop-door was wide open, I did not see him come in; upon that I went out of the door and called stop thief; he got out of my sight, he was pursued and taken, I did not see enough of him to know he was the same.

GEORGE WHITTON sworn.

On the 6th of May I heard the halloo, stop thief, in George-court; the prisoner came running out foremost, I stopped him; he had dropped the property.

Charles Gosling and William Vezey called on their recognizance, but did not appear.

JEREMIAH WILMORE sworn.

I was standing at the door, I saw the prisoner run down George-court with a box of knives under his left arm, I saw him drop them, I am sure he is the prisoner, I knew him by having a black coat and a round hat on; no other man had a black coat near; I saw him in about five minutes after.

Whitton. I saw him come out of the court, he was much ahead of the rest.

(The knives produced and deposed to.

Wilmore. I picked up the knives, and gave them to one Mr. Evans.

Mrs. Smith. I do not know who I received them from, Mr. Evans is not here.

PRISONER's DEFENCE.

I know nothing of them, I was not running.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17890603-6

411. WILLIAM DUNCAN and JAMES DUNCAN were indicted for stealing, on the 30th day of May last, three pair of leather boots, value 6 s. and three pair of men's leather shoes, value 6 s. the property of William Hard .

WILLIAM HARD sworn.

I found these two boys in my stall between ten and eleven at night; I mend shoes ; and I found three pair of boots, and I suppose fourteen or fifteen pair of shoes taken off the nails; but in particular I did not put down any more than three; I locked my stall before nine that night, and returned between ten and eleven, and found both the prisoners in there; they said nothing only they had been at the Bowling-green; my stall is in Duke-street, Grosvenor-square; I found a chissel and a gimblet upon them; I took them to the watch-house.

ALEXANDER GRANT sworn.

I am watchman in the street; I was alarmed by another watchman that the cobler's stall was broke open, and he found these two boys in the stall; we took them to the watch-house, there was a gimblet and a key found upon them.

DAVID HUMMING sworn.

I was calling half past ten, and the cobler called to me, and I saw the littlest of the boys sitting in the stall; there was a gimblet and a key, and a pen-knife found upon them. I saw four holes bored in the door.

PRISONER JAMES DUNCAN 's DEFENCE.

I was going on board the Hebe, and I had been to take leave of my friends, and they had given me too much liquor, and the stall door was open, and I went in to sleep; the door was flying backwards and forwards, the gimblet I picked up in the street, and the key they found on me was the key of my chest; this is my brother.

Jury. Had they those boots and shoes tied together, or had they a bag? - They were laid at the door withinside.

PRISONER WILLIAM DUNCAN

Made the same defence.

BOTH NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17890603-7

412. ISAAC FRAMPTON was indicted for stealing, on the 7th of May , ten carpenter's planes, value 30 s. two saws, value 5 s. one oil-stone, value 2 s. six chissels, value 3 s. one adze, value 12 d. the property of Robert Milton .

ROBERT MILTON sworn.

I am a journeyman carpenter , I lost ten planes and two saws, and a Turkey oilstone, five or six chissels, an iron adze; they were all my own, the axe was my partner's, they were lost out of the new house in the City Gardens ; I have received six planes, and the axe and the adze are found, and I believe all the chissels; I received them from William Lovering for

whom I work; I never saw the prisoner before that day.

WILLIAM LOVERING sworn.

I am a master carpenter; the day after the building was robbed I found the prosecutor absent, I heard he had lost all his tools; a few days afterwards, on Saturday the 9th of May, between twelve and one, as I was coming through White's-row, I saw the prisoner offering a basket of tools for sale, I looked into the basket, and the very first thing I saw was a plane I knew; just as I got to the door, the man said to the woman, if you will give me seven shillings and six-pence for them, you shall have them; I understand the woman had bid money for them before; I then took up the torus plane into my hand, I said to the prisoner, are you a carpenter? yes, says he; have you worked with this plane? and he said yes, a twelvemonth; I said, it has not been made many days; I detained him and sent for my man; the tools were marked with his name, Robert Milton ; and then the prisoner said his name was Robert Milton .

(The tools produced and deposed to.)

PRISONER's DEFENCE.

That morning I met with the tools going up to Islington to work; I work for Mr. Handcock, and I found this basket of tools in a dry ditch; in a day or two after I offered them for sale; my wife was with me but nobody else.

Lovering. When I first interrogated him he told me he had left off carpentering, and was a peg-maker to the brewers.

GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

[Imprisonment. See summary.]

Reference Number: t17890603-8

413. RICHARD MANLEY was indicted for stealing, on the 23d day of May , seven printed bound books, value 20 s. the property of Thomas Cadell .

THOMAS CADELL sworn.

Suspecting that I had been robbed for same time past of several bound books, I desired my servants to take the necessary steps to discover the thief.

WILLIAM DAVIS sworn.

I am servant to Mr. Cadell; (Mr. Cadell having frequently missed books, desired me) on Friday the 22d of May, I marked a number of these books which I put on the shelf; I made a point on the following morning, Saturday the 23d, to watch particularly who came into the shop; we had had some cause to suspect that the prisoner was the thief, and we knew, or at least expected he would be there that morning, and the moment he came into the shop, I put myself into a situation to observe all his motions; the prisoner is a journeyman book-binder, and they have often occasion to apply to us to perfect books; when he came into the shop an opportunity was given him, if he was so minded, to take them, by the other person going to the back of the shop; the moment he had opportunity, I saw him take the books off the shelf, put them first in his hat, and then into his pocket; I then went and got him the sheet he desired, and suffered him to go; I followed him in half a minute, he was running, I soon overtook him, and brought him back to the shop; I made him sit down till an officer was fetched, I stood by him all the time; he was then searched, and the books taken out of his pocket, which will be produced by the constable; he had seven volumes, the titles were, four volumes of Pope's Homer, the Triumph of Temper, a single volume of Blair's Geography, and Dr. Gregory's Father's Legacy.

ARCHIBALD RUTHWIN sworn.

(The books produced and deposed to.)

PRISONER.

Every thing is true that the gentleman has spoken; I have nothing to say, I hope for mercy.

GUILTY .

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

[Transportation. See summary.]

Reference Number: t17890603-9

414. GEORGE ROBINS was indicted for stealing, on the 29th of April, seventeen pounds weight of beef, value 5 s. nine pounds weight of pork, value 4 s. one loaf, value 6 d. three china plates, value 1 s. and one earthen-ware butter-boat, value 2 d. the property of Mary Court , widow .

JOHN GREENWOOD sworn.

I am a watchman in Marybone parish, I was standing at my box the corner of Castle street ; on the 30th of April, at half after three in the morning, I heard the alarm of thieves, I ran up to Mrs. Court's area, and I found the prisoner in the area standing by a blue bundle, he said he had done no harm, for the wind had blown his hat off; and as I looked down the area, I saw a rope fixed to the area; there were plates and a crow, my partner produces it.

HUGH MACCOY sworn.

I produce an apron and the lock of the door of the safe; here is the rope, and here is a crow; they were found in the area where the prisoner was, the pork, bread, beef and butter, were in the apron tied up, a round of beef which weighed seventeen pounds, a leg of pork, a loaf of bread, and some broken bread, some china plates, and butter and cheese, all in the area.

HANNAH TAYLOR sworn.

I am servant to Mrs. Court; I know this lock, and these plates are like what we have at home; my mistress lost two plates and another, I perfectly well know the butter-boat.

Prisoner. Did not the watchman force me into the area?

Greenwood. He was in the area when I came up.

JOHN WILSON sworn.

I am serjeant of the watch, I took the prisoner in the area.

PRISONER's DEFENCE.

I know nothing of it; I got over for my hat.

GUILTY .

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

[Transportation. See summary.]

Reference Number: t17890603-10

415. JAMES WALKER was indicted for stealing, on the 30th of April , one pair of leather shoes, value 4 s. the property of George Barkley .

GEORGE BARKLEY sworn.

I am a shoemaker , I lost a pair of shoes on the 29th or 30th of April, they were of the value of four shillings; the prisoner had been in my shop three times in the course of the week, wanting a pair of shoes; they were too long or too short, too thick or too thin; the last time he came was in the evening of the 30th of April, when I was lighting the candles; he asked me if I had any more shoes since he was in my shop before; I said no; he said then, let me see what you have got; and I went to the shelf and handed down some shoes; none of them pleased him.

- BARKLEY sworn.

I am wife to the last witness; on the 30th of April I was coming out of the parlour with the snuffers in my hand, and I saw the prisoner put the shoes in his pocket, I went up to the board where he was standing, and he turned himself round very quick from me and said, Mr. Barkley had no shoes that would suit him; I said yes, he has, for you have got a pair in your pocket; he said he had not, and was going to break from me; I took hold of his arm, my husband followed him, somebody stopped

him, but we do not know who, he was not brought back; the candles were lighted when he came in, I think I have seen him before, and the day before; I can take upon me to swear he is the person that took the shoes.

Mr. Barkley. I pursued the prisoner, and when I was within a yard of him, he took the shoes out of his pocket and threw them in the street; he was taken an hundred yards distance; I kept him in sight till he was taken.

(The shoes produced and deposed to.)

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

GUILTY .

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

[Imprisonment. See summary.]

Reference Number: t17890603-11

416. WILLIAM BREWER was indicted for stealing, on the 29th of April ; two stuff gowns, value 5 s. one linen gown, value 2 s. one linen bed gown, value 6 d. one stuff apron, value 3 d. the property of William Connel .

(The witnesses examined separate.)

WILLIAM CONNEL sworn.

I caught the thief in the fact, he took the things in the indictment; the prisoner was the man, I found him in the room and the things taken off the line, on the floor along side himself; it was the 29th of April, about 10 o'clock in the morning, the door was fastened within side, and I burst the door open; says the prisoner, Sir, your chimney is on fire, your chimney is on fire: says I, how can that be when there is no fire in the place? but says he, it was on fire; says I, you shall not go off so; he ran away and I cried stop thief, and the people ran after him, and a woman told me he was ran into a shop; I laid hold of him, he said I struck him, that will not do says I; he desired to have his soot sack, there was nothing in the sack, the sack and the clothes were both together, he left the sack on the floor and ran away, and when the sack was brought to the magistrates, he claimed it as his sack.

JOHN REYNOLDS sworn.

The prosecutor rents an apartment from me, and I work hard and rise early, at 2 o'clock, I went to bed, at 10 o'clock I was just fell asleep and heard a noise, and I thought it might be a fire, I went up stairs and found the prisoner there, I am sure he is the man, he had run away I understood and had been brought back, and a bundle of clothes now here lying by his soot bag, making apologies that he did not come in for any hurt, but because the chimney was on fire; I took the prisoner down to Bow-street and the soot sack, I did not see him before he was brought back, I searched him at the office, and found these two keys down his back, this key opens the door of the prosecutor's apartment and locks it, he claimed the soot bag.

Prisoner. Did not you say when you came back that the key would not fit? - It did fit.

PRISONER's DEFENCE.

I was sweeping some chimnies next door, and I went to this house for more work, there was a girl at work with the things about her, I took the grate out of the middle of the room; I was going about the chimney, and the prosecutor came up and began ill using me, and I ran down stairs.

Reynolds. He had no soot in his bag, and had not been called into the house.

GUILTY .

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

[Transportation. See summary.]

Reference Number: t17890603-12

417. JOHN BANNISTER was indicted for stealing, on the 29th of April

last, one hundred pounds weight of lead, value 10 s. belonging to Thomas Hetherington , affixed to his dwelling house .

The witnesses examined separate.

JOHN HETHERINGTON sworn.

I live in York-buildings, but this robbery was committed at my house at Newington Green ; I lost one hundred pounds weight of lead, and more a good deal, it was taken from a small building joining to the dwelling house; a man was stopt the next night by some of Sir Sampson Wright's men, and the lead that was found upon him has been fitted to the place; I saw it tried, and my next door neighbour saw it.

JOHN FREEMAN sworn.

My premises join, and on the 29th of April last, we had a robbery there both of us, I lost a large chain; two or three days after the Bow-street people came down to us, and I went to my neighbour's house to see the place from whence the lead was taken, and Macmanus and another came down with the lead in a sack; I saw where it was cut from, and a plumber and a carpenter were sent for, and they fitted it, and it tallied, the nails and all, to a very great nicety in every respect; I have no doubt but it was the same lead.

JAMES MACMANUS sworn.

On the 30th of April I was one of the patrol, I past the prisoner; I suspected he had something heavy, it was between nine and ten o'clock at night; I saw him pass by the Britannia, I asked him what he had there, he said it was his own; I said what is it? he said some lead to take to my master in Grub-street; I asked his master's name; he made some hesitation; I obliged him to lay down his lead; I said take care of the man; and he immediately made a spring, and run away for some space; I suppose for half a mile backward and forwards, but we apprehended him at last; we took the lead to the Britannia, and sent for a coach and took him to Covent Garden watch-house; the lead was advertised, and we took it to the prosecutors; there was a plumber and a carpenter there, that was the same lead I took from the prisoner.

Mr. Garrow, Prisoner's Counsel. This was the 30th of April? - Yes.

He told you it was lead, and hat he was carrying it to Grub-street? - Yes.

WILLIAM POPE sworn.

The last of April between nine and ten o'clock, I was with Macmanus, I know no more than him.

FOR THE PRISONER.

DOROTHY GOODWIN sworn.

I live at No. 27, Philip-lane Wood-street; I have known the prisoner two years, he lodged in the same house where I lodged; it is kept by Thomas Dancer , I remember the prisoner being taken up, it was on Thursday the last of April; I can positively say the prisoner was in his own apartment between nine and ten o'clock on Wednesday night, I saw him to bed, near eleven I was ironing with his wife; he did not go out from between eight and nine and eleven o'clock; he went out on Thursday between two and three o'clock in the afternoon; he is a porter.

Court. How can you be sure he was not out all night; did you lay in the room? - No, I saw him in bed the next morning between seven and eight o'clock, I breakfasted in the room; Mr. Dancer keeps the key of the house; I heard he was taken up on Friday.

Macmanus. I went there on Thursday, and this woman and the prisoner's wife were washing together, and they very freely shewed me every part of the apartments.

Goodwin. He is a sober, honest, hard working man; I never heard any thing amiss of him.

Jury to Prisoner. How did you come by this lead? - I found it in the New River.

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

NOT GUILTY .

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

Reference Number: t17890603-13

418. WILLIAM GRAY was indicted for stealing, on the 15th of April last, 4 half crowns and 12 shillings in monies ; the monies of Samuel Woodall .

The witnesses examined separate.

SAMUEL WOODALL sworn.

On the 15th of April last, I was going into the pit in Drury-lane , there were five others with me in company, two of which were my daughters; the people called out to take care of our pockets, accordingly I buttoned my pockets as tight as I could, the prisoner pushed by me and shoved my little girl out of my hand; she got before me, and he got before, and he put his breast towards mine; he tried to push back as though he wanted to make way for me to come along; I am sure it was the prisoner, in a minute or two afterwards I found somebody's hand in my pocket; I put down my hand and I found the prisoner's hand in my pocket; he had my money in his hand, in which was four half crowns and about twelve shillings; and as soon as I touched his hand, he dropped the money on the ground; I never saw any more of it.

Court. It was difficult for the prisoner to put his hand in your pocket? - I had a pair of stocking breeches on, but how he got in his hand I cannot tell, the prisoner is the man, I tried to catch at him; I caught him by the shoulder, he never was out of my hand, till I delivered him to the officer Tring.

Mr. Garrow, Prisoner's Counsel. I believe you saw the man searched? - Yes.

No money was found upon him? - No.

It was the 15th of April, there was a great many people going to the play, I take it for granted? - Yes, I believe there was.

This was in the dark passage of the pit? - In the pit passage.

This man was certainly near you? - He was close to me, he touched me all the time.

Jury. Did you hear the money drop? - I felt it drop upon the top of my shoe.

THOMAS TRING sworn.

I am constable, and was on the 15th of April last, the prisoner never was in my custody before that night that I know of; I received him from the prosecutor, he brought him down the steps where I stood.

JOHN HOIROYD sworn.

I was accompanying Mr. Woodall the prosecutor, into Drury lane theatre, on Wednesday the 15th of April; at the avenue leading to the pit, where there was a great croud just at that moment he told me he had his pocket picked, and I saw the prisoner there, and the prosecutor had his hand on his shoulder; the prisoner did not absolutely deny it; but wondered we should think of taking him, and endeavoured to get away; just then I heard money drop on the stairs, it was impossible to pick up the money on account of the great croud; this was at the top of the stairs, it might be on the first or second stair that leads to the pit door; then after some scuffling and endeavouring to get away, the prosecutor gave him to the constable in my presence.

Prisoner. I leave it to my Counsel.

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

GUILTY .

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

[Imprisonment. See summary.]

Reference Number: t17890603-14

419. GEORGE GREEN was indicted for feloniously assaulting on the king's highway;

Ann, the wife of Thomas Sanders , on the 20th of December , and putting her in fear and danger of her life; and feloniously taking from her person and against her will, ten dozen skins called head kids, value 7 l. 15 s. and one canvas bag, value 6 d. the property of the said Thomas .

The witnesses examined separate.

ANN SANDERS sworn.

I am the wife of Thomas Sanders , on the 20th of December last, I was going to Mr. Clempson's, the glover, in Berkley-square; about half past nine at night to take home ten dozen of fine head kids, to make ladies and gentlemens fine kid gloves; they are called head kids for fine, best; I had them then in my possession in a canvas bag; as I was going down Long-acre, I thought I felt somebody behind me, but I did not turn back; but as I came to this first end of Piccadilly, I was sure some somebody felt the leather, as the ends of the leather turned down; I did not turn back then, because so many people were in the street; I carried them under my arm, the bag was tied, and I turned the bottom of the bag under my arm and the ends of the leather hung down.

Could they take out part of these skins? - No, that was a thing impossible; in Dover-street they were taken from me totally together; as I went up Piccadilly I felt somebody several times feel the leather, and when I came to the butcher's shop opposite St. James's Church, I turned round, as far as I can recollect it, and I am positive that is the man that pulled me back; he never said any thing to me, nor I to him; I looked at him by the light of the butcher's shop, and he shunned me.

At that time when you saw the prisoner, had any body plucked at the skins? - Yes, that moment.

Was there any body near you at that time but the prisoner? - No, nobody at all.

Had you ever seen the prisoner before? - No, never, that was the only time I saw him.

When the skins were taken from you, you did not see the person that took them? - Yes I did, the prisoner is the man that picked up the property; I did see him then, it was not a dark night, and the lamp gave a good light.

And you are sure that the prisoner is the same person that you saw opposite St. James's Church? - Yes, I verily believe I am right.

You verily believe; but you must swear properly? - Sir, I have proper witnesses, but I verily believe him to be the man: four men surrounded me; Charles Woodyer was the first that knocked me down; I no sooner strove to get up, than I saw this prisoner pick up my property; and Woodyer knocked me down again; Charles Woodyer was tried in January.

You was knocked down before the things were taken away? - Yes,

Opposite to St. James's Church you did not see any but this man? - No, this man was taken with the property upon him; I cried murder, and I took the man by the arm, and he repeated these words; says he, with violent blows, bl - t your eyes, you b - ch, says he, loose me; this man was running along when he was stopped with the property; he was taken to the watch-house, and he broke out of the watch-house.

SAMUEL SADLOW sworn.

I was going down Albemarle-street, on Saturday the 20th of December, I heard the cry of stop thief, and I saw the prisoner coming along the road with a bundle under his arm; that was the prisoner Mr. Green; I saw that gentleman coming down; he crossed the way, my fellow servant Francis Ashby ran over the way and took hold of him; I saw the prisoner drop the bundle, and I went and took it up.

Prosecutor. I produced the bundle in Court the Sessions when the other man was tried; Mr. Clempson has it; he is not here.

Court to Sadlow. What did that bundle consist of? - It was a bundle skins, of I took them to the watch-house with the prisoner; I am sure the prisoner is the person.

FRANCIS ASHBY sworn.

On the Saturday before Christmas Day, I was in Albemarle-street, in company with Sadlow the other witness; I was going down to Mr. Lock's the hatter; about half past nine o'clock on Saturday the 20th of December, there was a cry of stop thief; the prisoner was the first that was coming by, with a large bundle of leather under his arm; I ran across the way; he dropped the bundle, my fellow servant picked up the bundle; I seized him; he was running away by force; I had the prisoner some minutes before any assistance came, and the constable happened to come up, and the prisoner was taken to Mount-street watch-house.

JAMES STEWART sworn.

I was coming down Dover-street, and the woman cried murder, she was robbed; just coming into Stafford-street I saw her getting off her knees; I thought she was in liquor; I followed down the street and saw the prisoner running with a bundle under his arm; when I came up, he was in the hands of the last witness; I took him to the watch-house; he said what business have you to do with it? I said I am a constable, and I will take you to the watch-house, which I did.

SAMUEL YARREN swrrn.

I am a supernumerary watch-man; George Green is the man that broke out of St. Giles's watch-house; he was brought thereby Mrs. Sanders; I have taken my oath that he is the same man.

PRISONER's DEFENCE.

The principal gentleman that did belong to the watch-house, when I was up before the magistrate, he said he believed me not to be the man; my name is John Lord , and there was another gentlewoman, and they are not here; I have no witnesses; I am totally innocent.

GUILTY , DEATH .

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

Reference Number: t17890603-15

420. RICHARD ARNOLD and DANIEL KINLEY were indicted for feloniously assaulting on the King's highway, John Walker , on the 3d of May last, putting him in fear and danger of his life; and feloniously taking from his person, and against his will, nine shillings and sixpence in monies; his monies .

Prisoners. We have a man to prove that we were in a public-house: but we have no money or friends to subpoenea him.

JOHN WALKER sworn.

I was robbed the 3d of May, at half past ten o'clock at night; I know the men that robbed me; one stood behind me, and the little one robbed me; one held me and the other robbed me; it was a moon light and a star light night, very bright; I was on Tower-hill , I came out of the Tower about half past ten o'clock; they took from me nine shillings and six-pence; they was with me two minutes, as nigh as I could guess.

Are you positively sure and certain they are the men? - They are the men.

Did you ever see them before? - No, never before.

How soon afterwards did you take them up? - On the next day, Monday; this was on the Sunday night; I work at the Tower, I was driving a cart on the Tower wharf; I saw these two men fast asleep on the wall; I looked at them, and I struck my whip at them; one ran away as fast as he could, the other I took hold of by the collar, and cried stop thief, and he was taken on Tower-hill; I took them to the justice in East Smithfield; there was no money found upon them.

Jury. Was you sober on the Sunday evening? - Yes, Sir, as sober as I be now, I had been and done my horses in the Tower, and I had a pint of beer before I went home.

Prisoner Arnold. When we was taken up on the Monday Morning, there was another man taken up with us, and he swore to the other man.

Walker. No, I never swore to him, only these two; there were four or five of them, but I could only swear to those two; I could see more behind, but only these two came to me.

Jury. Had you any doubt about the men when you first saw them the next morning? - I was very clear they were both the men, from the first to the ending.

Prisoner Kinley. What makes him know me in particular, before any other man, because the last hearing before Justice Smith, he swore to another man.

Prosecutor. I never swore to any other men but them two.

JOHN SAYRE sworn.

I apprehended one of the prisoners on Monday the 4th of May; I had been to dinner, and it not being my dinner hour, I went on the wharf looking at the shipping, and I saw the prisoners laying asleep, and the prosecutor came up with a cart and horse, and he bit them over the back with the whip; he said they had robbed him the night before, he said he was sure of them; one of them got up and squared his fist and set off; I set off after him and took him, the other was taken at the top of the Minories; when I took that prisoner he said, d - n your eyes, if you do not let me go, I will have my fist down your mouth.

Jury. Did the prosecutor seem to hesitate when before the Justice? - No, not at all.

PETER MAYNE sworn.

I took one of them which Walker had hold of, the other man was taken by a man that is not in Court, but I took him in charge.

Jury. Were they in the same habit they are now.

Prosecutor. The same as they are now; when they robbed me, they had the same clothes on.

Mayne. He said there were four; I apprehended two more men on his information; but when I brought them before the magistrate, he would not swear to any but them two.

PRISONER KINLEY's DEFENCE.

I had been on board a ship, I went into the Castle and Lion, and there I staid till after eleven, for it rained; the next day, looking out for work, being tired, I sat down on the logs, as the sun shined warm I fell asleep; this man came and struck me several times with the whip, and said I had robbed him; he stood hesitating with me a quarter of an hour, before any body came round; at last the crowd came round, and a man took me; he was very much in liquor then, he could hardly walk; at night there was two more taken up, one he swore to, and the other he would not; then we were sent down for another hearing, and he did not appear, and we were sent down for Monday, if we could have got our friends to come before the Justice, but they came for us on Saturday evening about six, and we were fully committed.

PRISONER ARNOLD's DEFENCE.

When this man first took us the prosecutor swore to ten, and the young man swore to a quarter after one; the young man himself cannot deny it.

Court to Sayre. What time did Walker say before the Justice it was that he was robbed? - He said it was before eleven.

Prisoner. It was a very dark night and not moon-light.

RICHARD ARNOLD , DANIEL KINLEY ,

GUILTY , Death .

Court to Prosecutor. What time was it in the morning that you took them? - I

cannot say within half an hour, some time towards twelve o'clock.

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

Reference Number: t17890603-16

421. ELIZABETH GOUGH was indicted for feloniously assaulting, on the King's high-way, John Hull , on the 10th of May , putting him in fear, and feloniously taking from his person, and against his will, a silk handkerchief, value 2 s. 6 d. his property .

JOHN HULL sworn.

I was robbed the 10th of May in Rosemary-lane ; I was going home, and the prisoner met me and asked me to go home with her; I asked her for what; she said to lay with her; I said she was too little; she said not; and she took hold of my collar with one hand, and whipped off my handkerchief with the other, and ran down the alley; I could not prevent her, she took me all of a sudden, she whipped it off my neck, and ran away; I told some other girls that were just by, nobody was present but these two girls, and they fetched a great oath and said, d - n her, they believed nobody passed but what she robbed; I never saw the girl before to my knowledge; it was moon-light, and the lamps were by the place, the moon shone very bright; I went down the next morning to the Blue Anchor, and enquired for the runner, and told him of the robbery; she was taken on the Tuesday morning, the handkerchief was not found upon her, but I have it in my pocket; she had sold it, this is the handkerchief, the person to whom she sold it cannot be found.

How did you get the handkerchief again? - The officer got it.

MARY HULL sworn.

This is my property, I am his wife, my husband had it about his neck that night.

- BROWN sworn.

I had information on the Monday morning from the prosecutor, I asked him if he knew the person that robbed him; he said her name was Bet Gough, as two girls told him; he asked me if I knew her; I said yes, she lives not a hundred yards from our office; I went after her that day with another of our people, the next morning I took her out of bed; I did not find the handkerchief upon her, but one of our people that is here now, got the handkerchief afterwards, by her information I suppose, I cannot tell how.

JAMES PRIEST sworn.

When the woman was locked up in the lock-up-place, I spoke to her, and asked her whether she had robbed the man of his handkerchief; she told me she had done it, and gave it to one Joseph Croft to sell in Mill-yard, and that he sold it to one Mrs. Squires for fifteen-pence.

Did you make her any promise to induce her to tell you this? - No, I went to Mrs. Squires, and she went up Rosemary-lane with me; there I saw a woman selling a parcel of handkerchiefs; Mrs. Squires asked the woman for the black silk handkerchief, and the woman pulled it out of her apron, and the Justice ordered me to give it to the prosecutor.

GUILTY, Of stealing only .

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

[Transportation. See summary.]

Reference Number: t17890603-17

422. WILLIAM WARD 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 5th of May last, at the parish of Enfield , in and upon Edwin Swaine , 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 him the said Edwin Swaine, with both his fists, in and upon the head, face, breast, and stomach, divers times did violently strike and beat, giving him by such striking and beating divers mortal blows, strikes and bruises, in and upon his head, face, breast, and stomach, of which he instantly died; and so the indictment charges that he, the said William Ward , feloniously, wilfully, and of his malice aforethought, him, the said Edwin Swaine , did kill and murder . He was also charged on the Coroner's inquisition, with feloniously killing and slaying the said Edwin Swaine .

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

May it please your Lordship. - Gentlemen of the Jury: you have heard the indictment opened by my learned friend, which contains the charge of murder, and when I am addressing myself to a Jury, who have discharged their duty so well this sessions, I need say nothing to you to call your attention to so important a charge; you well know what is due to publick justice upon a satisfactory conviction of such a crime; you likewise well know how immense a stake a prisoner has who stands under such accusation: gentlemen, I will state the case to you, as shortly as I can. It happened on the 6th of May, a famous battle was expected to take place at Stilton, between two men, of the name of Humphries and Mendoza, it was a matter of much public conversation, and on the day preceding, the Lincoln coach was passing through Enfield to this place; on the outside was the prisoner at the bar, when the coach stopped, the prisoner cried out what odds? not addressing himself to any person particular; the deceased happened to stand near the coach; he immediately said I will take thirty-five shillings to a guinea; meaning on the event of this battle, upon which the prisoner looked at him, and said to him, what are you a fighter? the deceased immediately said yes, I think I am able to fight you; upon this, Ward came from the box, and there was an offer at that time to fight for a guinea; it seems that the deceased was after this informed, that the man who offered to fight him, was a man known as a fighter, and more experienced than himself; upon this occasion the deceased rather failed in point of courage; then the prisoner finding him reluctant, offered to change that bet for a half crown bowl of punch; the deceased declined the fight; the prisoner went up and used several aggravating words, and put his fist in his face; a person of the name of Badder endeavoured to prevent it, but the deceased turned round to a man of the name of Peacock, and said this is too much; they had two rounds; they fell twice; on the second fall the deceased was accused of pulling the hair of the prisoner; when they got up, the deceased said I will fight no more; he left the prisoner, and moved round a cart, saying he had enough and would fight no more; the prisoner went round on the other side, met him; and I understand some attempts were made to prevent his striking him, but he almost at the same instant hit the deceased, who was not

then in the attitude of fighting, with his left hand in the stomach, and with his right almost in the same instant a blow on the temple; upon that the deceased fell, and in almost an instant appeared dead, and never shewed the least signs of life afterwards. Gentlemen, these are the circumstances attending this business; the deceased declined to fight, he was provoked to it, and at one time had given up the battle. If it appears to you that at the time the deceased declined to fight any more, and had left the prisoner; the prisoner had sufficient time to cool from the heat of the engagement, and went round the cart purposely to meet him, that he went to give him some very violent injury, even though he did not mean death, that he went deliberately to do an injury; even though he might think it short of death; then, under my Lord's direction, I shall hold it was murder; but if you think he did not go round purposely and deliberately, but that having once set his fighting talents at defiance, the prisoner acted under the impression of the rage which that occasioned, then I think you cannot carry it any further than manslaughter. Gentlemen, I shall call all the witnesses; you will hear the whole of the case fairly and impartially, and I am sure the decision that you will give under the direction of the Court, will satisfy all the world.

MICHAEL BADDER sworn.

Examined by Mr. Leach.

Where did you happen to be on the evening of the 5th of May last? - I was at Enfield highway when the Lincon coach stopped.

Do you remember seeing the prisoner at the bar there? - I remember seeing a man of the name of Ward there; that may be the man, but I am not sure: the passengers asked what was the odds on the battle depending at Stilton to morrow; with that Mr. Swain said he would take thirty-five shillings to a guinea, but of which party I am not sure; and I believe one of the passengers, I cannot tell which, asked him if he could fight; he said he would fight him for a guinea; upon that, the gentleman came from the coach, and went to him, and I put my stick to him, and said Swain shall not fight; then Swain asked the other if he would take the law of him, and he said he would not; then some person asked me what I had to do with it; then Mr. Ward I believe hit Swain on the head, whether he fell to the ground I am not sure; people came in between him and me, and they set to it to fight, and they had a round together, and fell side by side as nearly as possible, and in the rising, some man, but who it was I cannot say, went to the assistance of Swain, and he got up with his hand in Ward's hair, and when he was got up, he said he would fight no more, and Ward held his hair towards the passengers in the coach, and said it was not fair; with that one of the passengers said Swain ought to have his liver cut out, or something of that nature, for fighting unfair; Swain went round the cart and stood there, and Mr. Ward met him, and he drew back and said he would not fight any more; Mr. Ward then hit him twice, and he fell and never got up any more.

Mr. Leach. Was Swain in a fighting posture when Ward gave the two last blows? - Not that I know of.

You did not see that he was? - No.

Did Swain after he received these blows and had fallen in consequence of them, shew any signs of life? - No, I never saw him stir afterwards.

Prisoner's Counsel. Blows were given on both sides? - Certainly.

Then they fell down both together? - Yes.

Then Swain the deceased, with one hand had hold of Ward by the hair? - Yes.

And with the other hand he was pegging him? - I did not see him strike, he had hold of him, but I did not see him strike.

Ward was pretty much beat? - I do not know, I did not take any notice of him;

I did not see him; but as he came to the coach with a handkerchief up; my attention was about Swain.

These men did not know each other? - No Sir, not to my knowledge.

They offered to try their manhood for love, I believe at one time? - I believe they did, I never saw the prisoner before; nor Swain never saw him before; Swain was an intimate acquaintance of mine.

Swain was a pretty goodish man in your part of the country? - I never saw him strike any person in my life; I looked upon him to be a strong lusty hale man.

Did not you hear him, when this coach came up, talking very largely how he had challenged a man of the name of Johnson? - Yes Sir, I have often heard him say that; he was often romancing that way, but I never knew him to fight anybody in that way.

Did you see him pull off his apron, and swear he would whip Ward; did you hear him say he would smack his backside? - He might say so, but I did not pay any attention to it.

He was a blacksmith? - He was so; I remember something of his pulling off his apron.

He was a stouter man than Ward? - Much so.

JOSEPH ROWE sworn.

I was at the Black Horse, at Enfield Highway, when this matter took place; the first that I saw was; I was going there to give a horse a mouthful of hay; when the coach stopped, Ward the prisoner sat on the right hand side on the roof, the blacksmith stood by; they were talking about Mendoza, and mentioned immediately a guinea; the blacksmith mentioned about a guinea, and he offered to fight that man for a guinea, with that Ward got off of the roof and went to him; the coachman got hold of the blacksmith's coat and he gave him a pull, and he said for God's sake do not fight that man, for that is Ward the prize fighter; upon that, Swaine changed very white, and he said he would not fight; with that Ward said thus? says he, what will you not fight, you country hawbuck, and with that he tapped him, and said, I could have you here, and I could have you there, and slapped him over the face; with that he says no I shall not fight you now; but another time I will fight you for twenty pound; but now I will not; with that he said, what you will not fight me now? no, says he I will not; with that he kept tapping him; I could have you here, I could have you there; the blacksmith said I cannot put up with this any longer, and with that the blacksmith told him that he would knock him down if he could; with that they had a little bit of a hold, then they had a bit of a skirmish, and the little cart stood, and the blacksmith got hold of Ward's head of hair, he pulled some hair off his head; they were down both together, and the young man that is along with me now, he parted them, like one parted on one side the cart, and one on the other; different parties parted them and lifted them up; when they came up, the blacksmith walked up to the Black Horse bar window, and going in this man says will not you stand another round? they went one on the one side of the cart, and one on the other; the horse and cart stood facing the door way; with that, when they were going up there, he said, you blackguard I never had my hair pulled before in my life, will not you stand another round?

Did Swain make any answer to what was said by Ward? - He said he would fight no more; and as he was going up he hit him over the shoulder, and Swaine the blacksmith made to go into the house, and Ward hit him with his right hand in the belly, and with his left hand on the side of the head, and down the poor man dropped.

At the time he received these two blows, one of which you say was on the head and the other in the belly, was Swaine in a fighting posture? - No, he was not.

How did he appear after he fell, with these two blows he received from Ward? -

I never saw him take no breath at all; he died on the instant; I said doctor lay still, do not get up again till the coach is gone, do not stand to be paid about so; I little thought the man was dead; then Ward went into the coach.

Mr. Garrow, another of Prisoner's Counsel. This was the Lincoln coach, and he went into the coach he came in? - Yes.

You thought the doctor had the worst of it, and had better not fight any more? - Really I did so.

Did you know the doctor much? - Yes.

He was a swaggering man I believe, he thought himself a good man? - I believe he was; I never heard he offered to fight Johnson.

Did you see him take off his leather apron? - Yes, I did.

What did he say, now, when he took the apron off? - Why he flung it down when he gave Ward the challenge.

What did he say that he would do with his apron? - That I cannot say.

You did not hear him say that he would slap his backside with it; did you? recollect yourself now, and remember you are sworn to tell the whole truth? - I would tell the truth; I cannot recollect he did.

They had two pretty good rounds? - No, Sir, not pretty good rounds.

You are not fond of fighting; you do not like it? - I have seen a little of it.

Except the hair it was all fair? - No, asking your pardon, it was not two fair rounds.

I confess I am not much of a fighter, and if any shame belongs to that confession, I must take it; all the rest was fair except his getting his hands into his hair; that is not fair? - No, I do not think it is.

It is still less fair to tear off a man's hair? - No, it is not; to be sure he did pull some of his hair off.

These two men were strangers; this prisoner was a passenger on the coach? - Yes.

You had so little supicion that he was dead, that you advised the doctor to lay snug? - I did.

DANIEL NORRIS sworn.

I drove the Lincoln coach, I was at the Black Horse, Enfield Highway, I stopped my horses to water, which I always do; the blacksmith was standing at the door, or near the door, and Ward was at the top of the coach; somebody in the coach, or on the coach, offered to lay a bet of twenty pounds to ten pounds on the fight at Stilton; the blacksmith made answer immediately, and said, he would lay a guinea to thirty-five shillings; Ward says to him, what do you know about fighting? if you do, you have not a guinea to lay; I then took the blacksmith by the coat, and said to him, my friend do not you meddle with people you have nothing to do with, for it is Ward the fighter, and you will get licked, and lose your money; the blacksmith said again, if you will get off the coach, I will lick you, be you whom you will; I then pulled him by the coat again a second time, and desired him to be quiet; and he says to Ward; if you will get off the coach, I will whip your a - e with my apron; he got down, and they soon after fell to fighting; they fought away from me, I staid by my horses; they fought to the back part of the coach; I saw no more of it.

PHILIP SCOLEY sworn.

I was present when this matter took place; when we stopped at the Black Horse to water the horses, Ward sat at the back part of the roof of the coach with me; this blacksmith was standing down against the window, and he offered to lay a guinea to thirty-five shillings on the fight at Stilton, that was Swaine, I never saw him before; Ward upon the coach asked him what he knew about laying at fighting, and told him he had not a guinea to lay; and Swaine said he would fight Ward for a guinea, and make it up the twenty; Ward got off the coach, and they had some words between them after he got down, and Swaine pulled off his apron, and threatened to whip him with it; in a little time they fell to fighting, the blacksmith catched Ward by the

hair, and bent him back a great way, and they both fell down together; and after they got up again they set to fighting again, and I did not see any more; I did not see the blow struck, when the accident happened.

Mr. Knowlys. Then you say, that from the time of Ward's getting down from the coach, and the time of their beginning to fight, there were some words past? - Yes, there was, but I do not know exactly what it was.

Mr. Garrow. He had offered to fight Ward for a guinea before Ward got down? - He had a guinea in his fingers; Ward was very much beat, he had a cut across his temples, he had a deal the worst of the beating; the blacksmith was stouter a great deal than Ward.

ROBERT WATSON sworn.

I was in the Lincoln coach on the 5th of May, going to Stilton, I saw the fight there; they stopped at the Black-horse Enfield Highway, the coachman stopped to water the horses, and this man Swaine stood at the door drinking along with some more, and he said I will lay a guinea to thirty-five shillings on the fight, which was to be the next day, and some gentlemen said they would lay two to one on the fight; and Ward asked him, what do you know about fighting? Swaine said, d - n me, I will fight you for a guinea or twenty; he took the guinea out in his hand, and held it in his hand, and threw it on the ground; Ward got down off the coach, and Swaine took his apron off, and said he would whip his a - e with it; a few words passed between them, and they went to fighting; Swaine had him held by his hair, and he hit him while he had hold of his hair, and the gentlemen that were there, cried out foul! foul! and they both fell down together; Swaine got up, and Ward got up, and Swaine stooped a little bit back, and they got fighting again, and fought till the very last moment; they stood up hitting at one another till the last moment the accident happened.

Mr. Leach. You know you are sworn to tell the whole truth? - Yes.

Did you or did you not see the deceased desist from fighting, and hear him say he would fight no more; and in order to avoid fighting, did you see him go round the cart? - No, Sir, I did not, I think I was near enough to hear.

Might he have gone round the cart and you not see him? - Yes he might.

Prisoner's Counsel. Upon your oath did you hear him give out at all? - No, and I think I was close enough.

This poor fellow was beat about the head pretty well? - Yes, he had two black eyes, and desperate blows on the temples, the temple was all green and yellow, I do not know whether it was cut.

I believe a man who is beat about the head pretty handsomely, cannot hear so well as those that are not? - No, Sir, they can not.

JOHN PEACOCK sworn.

Mr. Knowlys. Tell us as strictly as you can, what you saw pass on this occasion? - I was at the Black Horse at Enfield Highway when it happened; the Lincoln coach came up to the door, and Swaine was standing drinking a pint of beer, and some of the people upon the roof of the coach called out, what is the best odds for tomorrow? I do not know who it was that said so; and Swaine said he would take thirty-five shillings against a guinea; with that there were some words between the parties, and Ward got down from the coach; there were a good many words passed between them both, but I do not know what it was, Ward came up and held his fist in his face, and asked him if he was a fighting man, or would he fight; and Swaine said no, he did not want to fight, but he did not think Ward was much of a fighter; Ward said he would fight him for a guinea, or a bowl of punch, if he chose it.

Court. Did Ward say that to Swaine, or Swaine to Ward? - Ward said so to Swaine; there were many words passed after that, and then Ward struck him, and Swaine had his apron in his hand, and a guinea,

and he flung his apron down, and gave the guinea to me; I was standing close by, I did not hear him say any thing at all about his apron, any more than flinging it down; then they went to fighting; after some blows they got hold of one another some way, and both fell down to the ground; when they got up again, Swaine said he would fight no more; there stood a cart in the road, and Swaine went round the cart one way, and Mr. Ward came round the cart the other.

Court. Did any thing happen about Ward's hair? - I cannot say that he hung in his hair, I heard people say so, but I did not see him; Ward met him at the head of the horses again, and struck him again; I saw him strike one blow on the head, and he fell to the ground; Swaine was standing by the cart, going with his hands in this form (folded).

Was he at all in an attitude of defence? - No, he was not, he never stirred hand nor foot after.

Mr. Garrow. They went round the cart, and as soon as they met he struck him a blow? - Yes.

Upon your oath, did not you hear the people call foul, foul? - I heard some of the people call foul, but I do not know what they meant by it.

Was not it explained at the time to mean that Swaine had fastened in his hair? - I do not know, I heard people say it was foul play; hit him again, I heard several people say that.

Upon which the smith went round one way, and Ward went the other, and instantly he struck him, and down he fell? - Yes.

You saw him take off his apron? - Yes.

Upon your oath did not you hear him say that he would whip this man with it? - I did not; I was within three yards of him.

Other people might not hear that which you heard? - No, they might not.

You will not swear that he did not say, when he took off the apron, I will slap your backside with this? - No, I will not swear it, he was no particular friend of mine.

A good strong man, was not he? - A strongish man, I do not know the strength of the man, I never tried his strength.

Was not he a very strong labouring blacksmith? - He was a stout built man.

Was not he a remarkable stout man? - No, I do not think he was, he was a stouter man than the prisoner, and taller.

THOMAS BALL sworn.

I was going by the door of the Black Horse on the 5th of May last, I saw the Lincoln coach stand, and there were some men making words; I went up to the door, and there was Ward and Swaine, and Ward offered to fight him for a guinea; and if he would not fight with two hands, Ward said he would fight him with one; or for a bottle of wine, which he liked; and he stood squaring his fist close in his face; he said here I could have you, and there I could have you, slashing at him; and at last they went to fighting, and they fought, and they tumbled down in the path-way, and they got up again; and the blacksmith Swaine said, he would not fight any more, and he was going up towards the bar of the house, and Ward went round and met him, and he struck him, and he tumbled down; I saw nothing more of it.

Prisoners Counsel. Mr. Ball then you was there at the beginning? - No, I was not there at the beginning, Mr. Ward was on the ground when I went round.

JOHN FOWLER COLLUP sworn.

I am a surgeon, I saw the deceased, I believe it was the 5th of May, he was dead; I examined the body, I was informed what happened, but not particularly.

In your judgment was the death owing to blows? - That is beyond a doubt, that his death arose from the blows he received.

Prisoner's Counsel. You opened the body, I take it of course? - I did not, I was once reprimanded by Mr. Philips the late coroner, for opening a body before he had seen him.

What external appearance would there be on a body, to convince you from the inspection

of the body, that there was any blow to occasion his death? - A blow he received on the temple.

That is not always the occasion of death? - Not always, it very frequently is.

A person falling down may occasion a concussion of the brain? - It certainly may.

But you never opened the head to see? - I did not.

Then there was no concussion of the brain, no fracture of the scull? - No.

Suppose a man had been fighting, got a black eye; would you tell from that what was the cause of his death? - No further than from the bruises.

But bruises are not mortal in general; some subjects turn black much sooner than others? - Yes.

Men who live hard, do not turn black so soon as you or I would? - No.

You was not examined before the coroner? - No, I was not.

Mr. SHERWIN sworn.

I am a surgeon, I saw the body the day after the accident.

Did you examine it? - Yes.

What do you think was the occasion of the death? - I do not know, I cannot tell.

Were there any external marks of injury? - There was a bruise on the left cheek bone, the only external mark of injury; I saw none else.

Did you examine the body throughout? - I examined it externally as well as I could, I did not open it, I did not think it of consequence.

Mr. Garrow. Did you observe any thing externally, that could distinguish it from a death by apoplexy? - Certainly not.

You have been long in the business? - Yes, more than twenty years.

Prisoner's Counsel. My Lord, we make no defence.

The learned Judge summed up the evidence to the Jury, and then added:

Gentlemen; this is the evidence against the prisoner; the crime charged is murder; as to that, there does not appear from the evidence, to have been any circumstances from which you will be at liberty to infer that he has been guilty of that crime; for in order to constitute the crime of murder, it must be done with malice aforethought, either expressed or implied; express malice is, where there has been any previous enmity between the parties, where there has been threats made use of, tending to shew a malicious intention in the mind, and some bad feeling of resentment which induced him to take vengeance for a supposed injury; malice implied, or constructive malice, is where the party is either in the prosecution of a felonious illegal act, and murder ensues; the law in that case, will impute malice though perhaps he had no actual antecedent malice against the party; so again, constructive malice may be where a person is acting in defiance of the law, or in opposition to the law, there the law will infer malice; but there is no pretence of any thing of the kind in the present case; neither is there any evidence from whence you can infer actual malice; for they were utter strangers, and this happened in course of words that fell between them, upon which they fell to fighting; therefore the utmost that this crime can amount to in point of law, is the crime of manslaughter; but there is another consideration which you must take into your minds, whether the death of the party happened from the blow that was given; or whether from any extraordinary exertion he might have died of an apoplexy or in a fit, or by breaking a blood vessel; so that if it is not imputable to any blow given from Ward, then you will find him not guilty; but if you think that death was owing to the blow he received, then you are to consider whether or no you will, or will not, find the prisoner guilty of manslaughter: as to that, where people happen to have words, and any sudden quarrel ensues, and death takes place from the blows; yet it can amount no higher than manslaughter, if they fight on equal terms and with equal weapons; and that was the case here; you find from some of the witnesses that the

deceased was the aggressor, and first all challenged the prisoner to fight for a guinea; but whether one way or whether the other way, does not make any material difference in the consideration of the law, for it can amount no higher than manslaughter in this case: most of the witnesses seem to say that the first challenge came on the part of the deceased, and not originally by Ward; in that case Swaine was most to blame; you find they fought perfectly on equal terms, and if you believe the witnesses, the deceased was the stronger man of the two, therefore they fought on equal terms; one or two of the witnesses have said, that before he hit him the last blow that he declined fighting any longer, and that he was not on the defensive; now whenever there has been time to cool, it has been said by the counsel, that in that case it shews malevolence by the party continuing to shew his resentment, when the other had declined the combat; but I do not think much about that, for you find the interval was exceedingly short indeed between their actual fighting and Swaine declining the combat; one of the witnesses has said that they fought to the last, there was no interval, but that of of merely going round the cart; another matter is the aggravation on the part of the deceased, by catching hold of Ward by the hair; now that in this science, which I am very sorry prevails so much in this kingdom as it does at present, it is not any honour at all to the civilisation of this country, and I wish it was laid aside; but if in the science of fighting, it is looked upon as unfair, it might be looked on by the prisoner as a strong aggravation on the part of the deceased, and must naturally raise his resentment; now supposing that to be the case, the interval was so very short; it is not such an interval as the law will consider sufficient for a man's warmth of temper to cool: the law makes that allowance for human frailty; (though to be sure every man ought to keep a guard over his passions) that when a thing is done in heat, and before a man has had time to cool, if death happens, the law will not impute it to any higher crime than manslaughter; therefore there does not seem to be any ground to infer upon that very short interval, if any there was; that he had sufficient time to cool; especially after receiving that fresh provocation of taking hold of him by the hair, which was almost the last thing that was done previous to giving him that blow; therefore at all events this crime cannot amount to more than manslaughter: Gentlemen, if on the other hand, you are of opinion the death was not owing to the blows and bruises he received; you will find the prisoner not guilty.

GUILTY, of Manslaughter .

GUILTY, on the Coroner's Inquisition.

To be fined one shilling , and imprisoned three months .

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

Reference Number: t17890603-18

423. MARY FLOYD and MARY LENORD were indicted for feloniously stealing, on the 16th of May last, one iron key, value 2 d. and three guineas and a half, the property of Andrew Gardener , in the dwelling house of Patrick Lenord .

There being no evidence to affect the prisoners, they were both ACQUITTED .

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

Reference Number: t17890603-19

424. THOMAS JACKSON was indicted for stealing, on the 16th of May , one silver table-spoon, value 8 s. the property of Thomas Nolding .

THOMAS NOLDING sworn.

I live at Greenwich, I am a carpenter ;

I lost a spoon, I can only prove the property.

RICHARD MARGRAVE sworn.

I am a pawnbroker; on the 16th of May last the prisoner brought this spoon, and wanted me to buy it; but not giving a satisfactory account, I put him into the hands of a constable.

Did you know him before? - No.

(The spoon produced and deposed to, having a cypher J. S. M.)

To Nolding. Did you lose any of those spoons? - I missed one.

Had you missed the spoon before you received information? - Yes, from my servants.

Had you sold any of these spoons with this cypher on them? - No, I have the fellow to it; I had four of them.

PRISONER's DEFENCE.

I belong to the Adamant man of war, I had leave to go to see my friends, and I was coming from Greenwich, and coming along, a servant threw some water and other things out of a pail; and I looked among the things and found the spoon, and I took it and I put it in my pocket.

GUILTY .

Publickly whipped , and discharged.

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17890603-20

425. EDWARD HINDE was indicted for feloniously stealing, on the 20th day of April , one linen shirt, value 1 s. one muslin half handkerchief, value 6 d. and one pair of stockings , the property of Nicholas Palmer .

MARY BANKS sworn.

I live in Mr. Palmer's house; on Monday the 20th of April, he lost the things mentioned in the indictment, between two and four, they were in the parlour; the house is No. 4, Horse-ferry-road .

Did you see the prisoner take them? - No.

Did you see any of the property in his possession? - On the Sunday following, I saw the prisoner with the stockings on his legs, and Mr. Palmer had him taken up.

Who took the stockings off the prisoner's legs? - Mr. Palmer.

Did he give them to you? - Yes.

Do you know them to be his? - They were marked with his name, but the mark is picked out.

How do you know them then? - By the footing, I footed them myself; I left the house about two, and on my return I found the window nearest the door open, the window was shut down.

Did you ever see him in the house about that time? - No.

RICHARD WALKER sworn.

The prisoner had missed his duty, and I was desired by Palmer to bring the prisoner to his house, on the 27th of April, the Sunday after the things were missed; when I brought him there, I asked him why he missed his duty; and he said Duckworth had told Palmer of the affair, and that made him afraid to return back.

What did the prisoner say? - He said they were not his stockings; I did not see them taken off, they were taken off next day.

Did not Mr. Palmer deny the property to be his, when Mrs. Banks said she thought they were Palmer's? - He did not say positively either way, but that he had such a pair that his brother gave him.

NICHOLAS PALMER sworn.

Did you take the stockings from the prisoner's feet? - They were ordered to be taken off by a corporal, by the officer in the orderly room; when the prisoner's shoe was taken off, I said I thought them to be mine, I gave them to Mrs. Banks, and she has

had them ever since; I have no doubt but they are mine.

Did the prisoner say any thing about the stockings? - He said I knew his brother had given him a pair like them, and I did; but when his shoe was taken off, I knew them by the foot being drawn, and I could not wear them without gayters.

PRISONER's DEFENCE.

This woman washed for me ever since I came from the barracks, the serjeant knew my brother was to give me some stockings, and they were brought to me from my brother by a corporal, I never saw them before; when I was taken the serjeant said it was not me, it was one of the men that was taken with me.

To Palmer. How came you to suspect the prisoner? - From what I heard Walker say.

To Prisoner. Is your brother here? - He was here all day yesterday.

Palmer. I saw him here this morning, and he said he would come.

GUILTY .

Fined 1 s. and delivered to the serjeant.

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17890603-21

426. FRANCIS HALL was indicted for feloniously stealing, on the 29th day of May , one copper tea-kettle, value 5 s. the property of Jonathan Burnett .

JANE BURNETT sworn.

I am wife of the prosecutor, I live in Seven Dials ; I lost a tea-kettle on the 29th of May, about half past six in the afternoon.

Did you see it in the prisoner's possession? - No; it has never been recovered; the prisoner came to the house in the evening, the kettle was missed directly as he went out.

ELIZABETH HARLTON sworn.

I am servant to the prosecutor; the prisoner came in and asked for a glass of gin and water, I served him, and he paid me for it; I poured the water out of this kettle, I returned into the parlour to ironing, my mistress ordered me to put on the kettle full of water directly after; and when I came back to the tap-room, the prisoner was gone, and the kettle; there was nobody there but the prisoner; I was not absent ten minutes.

Could you have seen any body else come into the tap-room? - Yes, the door was open; I saw the prisoner go out, I did not observe he had any thing; he came again the Saturday following, about the same time, and asked for a glass of gin and water again; and I told my mistress that was the man who took the kettle; and he got up and run out directly; I pursued him and brought him back, and sent for a constable, and he was taken to Litchfield-street office, and he said if my mistress would excuse him, he would make her amends; the next day he said it was broke up.

Prisoner. Why did not you stop me when you saw me go out? - I did not miss it then.

PRISONER's DEFENCE.

I went to ask for a glass of ale, and when the servant went to draw it, I went out to get something to eat, and met an acquaintance, and went to help him to a job, I never saw the kettle in my life, I told her I would go with her any where to search for it, if she would pay me for my time, and go with me.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17890603-22

427. JOHN BARNES and THOMAS WALTON were indicted for feloniously stealing, on the 8th of May , several articles of wearing apparel , the property

of the trustees of the parish of St. Mary Whitechapel .

A second, third, and fourth counts, for stealing the same articles, laid to be the property of different persons.

(The case opened by Mr. Silvester.)

JAMES COFFEE sworn.

I am a watchman in Whitechapel parish, in Wentworth-street; on the night of the 8th of May I was going along, the prisoners followed, they crossed the street, and by the light of my lanthorn, I observed Barnes had something in his breast very bulky, I crossed and asked them what it was; and they said what was it to me; I sprung my rattle, and James Dawson came, and we stopped them, and took them to the watch-house.

JAMES DAWSON sworn.

I went to the assistance of Coffee, and when I came up, I saw something laying on a block by the prisoners, and I asked if that belonged to the prisoners; and Coffee said it did; I asked the prisoners if it did; and Barnes said it was nothing to me; I said you have got some in your breeches; and he pulled his shirt out and dropped something, and I took it up, and took it to the watch-house, and when we were at the watch-house I found several other things round their bodies, between their shirts and their skins.

MARGARET MOSES sworn.

I was in the work-house, I was washerwoman at the time; these things were in the wash-house, I left them on the Friday evening the 8th of May, at half past eight; I am sure they are the same things.

SARAH HALL sworn.

I am sure these are the things I left in the wash-house at eleven on the Friday night, I bolted the door, and left the window open.

ANN DALTON sworn.

I came in the morning, and the wash-house door was open; these things are the property that was in the wash-house.

PRISONER BARNES's DEFENCE.

We had been to Blackwall on that afternoon, it was late, and coming along the corner of Great Garden-street, we picked up this bundle.

PRISONER WALTON

Made the same defence.

JOHN BARNES , THOMAS WALTON ,

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17890603-23

428. JOHN WOOD was indicted for feloniously stealing, on the 16th day of May , six ounces of silver filings, value 30 s. and six penny weights of other silver filings , the property of George Burrows , the elder.

GEORGE BURROWS , the elder, sworn.

I am a silver-smith , the prisoner was a journeyman of mine, I have missed filings for ten months past; in consequence of an information I received, the prisoner was watched, and on the 16th of May, between eight and nine in the evening, six penny-weights of silver filings were found upon him; I saw them taken out by the constable.

Mr. Knowlys. How long has the prisoner worked with you? - Thirteen or fourteen months.

Have not the journeymen an opportunity of working at their lodgings? - If any person chuses to employ them.

Do not the filings sometimes exceed in weight what you would expect, and sometimes fall short? - Sometimes they exceed, but very seldom; if there is not enough to answer the weight, we send them back to sweep the board to make up the weight.

Can you distinguish the filings of one workman from another? - If it is not adulterated

we cannot distinguish the filings of different people, if the silver is of the same quality.

ELISHA WILD sworn.

I am clerk to the prosecutor, I melt the filings; for ten months past, we have found three ounces deficient in twelve pounds weight more than usual; when it was melted it was five pennyweights worse by assay, it should only be two pennyweights worse, because it had passed the hall; in consequence of which I put every man's work separate, I melted them afterwards, and every man's was right but the prisoner's, both in quality and weight; the prisoner's was half as much more waste than I expected, it was owing to some base metal that was put in it; the quality from one assay master was nineteen pennyweights worse in quality in one pound weight, besides the deficiency; I then made another assay by the Goldsmith's Company, and they made it, one ounce one pennyweight and an half worse; we then thought proper to watch. The prosecutor and his son were in the shop, I went down the shop and was close to the prisoner, he was looking at the prosecutor and son, and I saw him put something in his pocket from the hubbing-box; the prisoner turned and saw me, and looked confused; (describes the manner in which the prisoner did it); I called Mr. Burrows and son into the compting-house directly; when the prisoner's work came in that day, I examined the filings, and saw a quantity of lead or pewter in it; I then weighed him out some more; after tea time, about six or seven, he went to sweep his filings up, he took some oil from a crucible, and held it up in one hand, and drew the other hand out of the hubbing-box, and put it in his left-hand breeches pocket: Mr. Burrows had him apprehended.

Mr. Knowlys. Were the prisoner's filings ever melted in his presence? - No.

Did you ever say any thing to the prisoner? - No.

Is not melting silver into the form of an ingot the most saving way? - No.

Were these filings produced to the magistrate in the state of filings? - Yes.

Are they now in the state of filings? - No, the magistrate said they had better be melted to prove the assay; these were not found upon him, they are what was produced from his work.

How much were found upon him? - Four or five ounces at his lodgings, and six pennyweights on him.

GEORGE BURROWS , junior, sworn.

I was in the shop between twelve and one; as I was passing the prisoner, I perceived some paper on the hubbing board, I informed the clerk of it; after Mr. Wild had weighed some other work in the evening, I went into a back shop and looked through a hole, and he was at the trough, and he drew his hand from the trough, and put it in his left-hand breeches pocket; I informed my father and the clerk of it; some buckles were found at the prisoner's lodgings, which did not belong to us.

THOMAS ISAACS sworn.

I searched the prisoner, I found some silver in his left-hand breeches pocket, in some paper, I gave it my brother officer, and he has had it ever since; (produces the filings) I did not go to his lodgings.

- FIDLER sworn.

I searched the prisoner's lodgings, and found this silver in some boxes, (produces it) the prisoner told me where he lived; in one box I found three papers of silver, and in another I found one more; I had it ever since.

Mr. Burrows, senior. They are silver filings which were taken out of his pocket, and the other are all silver but one, which seems to be flux, which we use in our business.

Mr. Knowlys. Can you swear these filings to be yours, which were found in the prisoner's pocket? - No; I believe them to

be mine, another person's filings may be like them.

Court to Burrows. Who found those buckles produced at the magistrate's? - One of my men.

Was it not in the state of an unfinished buckle? - Yes, any person might file one like that.

PRISONER.

I leave it to my Counsel.

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

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17890603-24

429. JANE BARTLETT (aged 11) was indicted for feloniously stealing, on the 20th day of April , one silver watch, value 40 s. one base metal seal, and one base metal key , the property of Abraham Rye .

ABRAHAM RYE sworn.

I live in Stacey-street, St. Giles's , I saw my watch on the 20th of April, by the fire-side, and I missed it afterwards; and on the 13th of May I saw it at Litchfield-street office; I don't know how it was lost, I know nothing of the prisoner.

JOHN ROGERS sworn.

I am servant to Mr. Chandler in Holborn; on the 20th of April the prisoner came to our shop with a silver watch, she asked twelve shillings on it; there was a seal and a key to it, I asked her whose it was, and she said her father's, and her mother sent her with it; she said her father lived at 222 Holborn, I have known them six years, the father has been a coachman; I told her she must send her mother, and she said she was ill in bed and could not come; I lent her twelve shillings on it, I had no suspicion that she had stole it.

(The watch deposed to by the prosecutor.)

Prisoner. The prosecutor said he would forgive me if I would tell him where it was.

Court to Prosecutor. Have you had any conversation with the prisoner? - Yes, I promised to forgive her, if she would tell where it was.

THOMAS DALTON sworn.

The prosecutor said he would forgive her if she would tell where it was; the prisoner said she had it of a person of the name of Wilson; I found the watch by her information.

PRISONER's DEFENCE.

I did not take it, a girl gave it me and sent me to pawn it, her name is Sophia Wilson .

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17890603-25

430. ANN SMITH was indicted for feloniously stealing, on the 12th day of May , a silver watch, value 40 s. and a chain, a seal and key , the property of George Fieldhouse .

GEORGE FIELDHOUSE sworn.

I am a single man , I lost a watch on the 12th of May, between eleven and twelve at night; I was sober sufficient, I had been drinking; coming down Garden-street I was surrounded by the prisoner and two more, they asked me for something to drink, and she put her hand in my pocket, and took my watch.

Did you see the prisoner take it? - I felt her hand, I am sure it was the prisoner, I pursued her, and took her directly, I never lost sight of her; when I took her she gave the watch to another person, the other women ran away, and a man with them, and when I had hold of her, they surrounded me again, and then she gave it one of

them, but I don't know whether it was a man or a woman; the watch was pawned.

Court. Was there light enough to distinguish who took the watch? - Yes, there was, I saw it go out of her hand to another.

Mr. Peatt. There were many people in the street? - Yes.

You had been drinking considerably, was it gin or porter? - Porter, but I had not had any great matters; I told her if she returned it I would not do any thing about it.

How do you know she took it? - She acknowledged taking it.

Where were the others standing? - Close to me.

Where was the man? - In the middle of the road.

Did you not offer to take three guineas? - No it was two guineas; I said if she did not restore my property or the value, I would prosecute her.

THOMAS SEARES sworn.

I am a pawnbroker, I have a watch, I had it from one John Shaw , he pawned it for 2 s. and in the evening he had four shillings more; I know nothing of the prisoner.

(The watch produced and deposed to by the prosecutor.)

PRISONER's DEFENCE.

I never robbed any person in my life.

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

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17890603-26

431. MARY the wife of RICHARD HUNT was indicted for feloniously stealing, on the 4th day of May , one child's frock, value 1 s. one muslin apron and silk cloak, value 5 s. the property of John Latham .

Mrs. LATHAM sworn.

I am wife of the prosecutor, I was a servant at the lying-in-hospital in St. George's-row ; the prisoner was a patient; the things were lost out of the kitchen, they were separate when I saw them; I had the frock in my hand about twelve or one o'clock, the prisoner and two more came for a letter of thanks; I never saw the things till I saw them at the pawnbroker's.

JOHN ATKINSON sworn.

I am servant to Mr. Clark, pawnbroker; on the 5th of May the prisoner brought the things mentioned in the indictment to pawn, and I have had them ever since; I have seen her before, I knew her person.

(Produces the things, and the frock deposed to by Mrs. Latham.)

CHARLES ELLIOT sworn.

I an officer; I found some duplicates on the prisoner; (produces a duplicate) I took this from the prisoner.

Court to Atkinson. Did you give that to the prisoner? - Yes.

PRISONER's DEFENCE.

I have nothing to say.

GUILTY .

Imprisoned six months .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17890603-27

432. WILLIAM PEACHY was indicted for feloniously stealing, on the 3d day of June , thirty-three pounds of lead, the property of Peter William Baker , Esq. fixed to a certain building, against the statute .

JOHN ROBSON sworn.

I am a carpenter; on the 3d of June, in the morning, I was informed that some lead had been disturbed; the house where it was

taken from, was in the Circus, near Portman Square ; I went and looked, and there was a large piece of lead cut out and laid across the gutter; I went away and left it till the evening; I went again, and went into the garret and saw the prisoner roling lead across the joists; he did not see me; I went down stairs and went into the bottom of the next building, and saw the prisoner come down with the lead; and at the corner of the street he joined another man, and I followed them, and went along towards Cumberland-street, and I followed him into Oxford-street and took him with the lead on him, and I took them one in one hand and the other in the other; the pieces of lead exactly cover the place; it has been fitted to the place.

RICHARD CRIPPS sworn.

I saw the prisoner taken, he had two pieces upon him.

(The lead produced.)

Were those two pieces taken from the prisoner? - Yes, my lord.

GEORGE BUCK sworn.

I have seen the house from where the lead was taken; it is the property of Peter William Baker , Esq.

PRISONER's DEFENCE.

I never was in the house.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17890603-28

433. JOHN DIGNUM was indicted for feloniously stealing, on the 4th day of June last, ten shillings and a penny halfpenny in money ; the monies of Henry Tappey .

HENRY TAPPEY sworn.

I lost ten shillings and a penny halfpenny, last Thursday betwen one and two o'clock, near St. James's Palace ; in the street, there was a great many people in the street; I saw the prisoner's hand drawn from my breeches pocket; I had two umbrellas under my arm, and I had one hand on my pocket-book; and when I felt his hand draw from my pocket, I gave the umbrellas to the ladies with me, and pursued him and took him directly, and I asked why he took my money, and he told me to come along and he would give it me, I said I would go no further, and he struggled, and two men belonging to Bow-street came to my assistance; I did not see him examined; I never had my money again.

Are you sure he is man? - Yes, he talked with me just before.

JOHN JONES sworn.

I am a patrol belonging to Bow-street, on the 4th of June about two o'clock, I was going with another person; I heard a noise at the bottom of Paved-alley, and I saw Mr. Tappey had hold of the prisoner, he said he had been robbed, and we took him and searched him, and found two shillings and two-six-pences; the magistrates ordered me to give it him again; it was shewn.

RALPH HOLMES sworn.

I am one of the patrols belonging to Bow-street; I was with Jones, and I saw the prosecutor had hold of the prisoner; I know no more than Jones has said.

PRISONER's DEFENCE.

I am innocent; it is the first time I ever was before such an awful tribunal; if I am set at liberty, I will take care to shun'a crowd another time, and prevent such another unhappy circumstance.

The prisoner called two witnesses to his character.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17890603-29

134. JOHN SENIOR was indicted for feloniously stealing, on the 14th day of May , two wooden sashes, value 4 s. and twelve panes of glass, value 3 s. the property of Harry Pickering .

This indictment being wrong laid, the prisoner was ACQUITTED .

Reference Number: t17890603-30

135. WILLIAM GREEN and CHARLES PINKSTAN were indicted for feloniously stealing, on the 15th day of May , sixty-seven yards of brown linen, value 50 s. the property of John Thwaits , privately in his shop .

JOHN THWAITS sworn.

I am a linen draper in Holborn ; the justice sent to all the linen drapers, that some property had been stolen on the 19th or 20th of May; and I looked and found I had lost some cloth; I had not missed it before.

BARTHOLOMEW GROJAN sworn.

I am a watchman; I caught the cloth on one of the jockey's shoulders (his name is Green) in Hart-street, Bloomsbury, on last Friday three weeks; I don't know the day of the month, it was half past eleven o'clock at night.

Court. Were they talking together? - No, Pinkstan was before Green three or four yards; I asked him what he had on his shoulder, and he said nothing.

Did Pinkstan say any thing? - No, when Green threw the cloth down, they run away together; I sprung my rattle and my partner came, and we pursued them and took them.

EDWARD EDWARDS sworn.

I am a watchman, I came up and took the prisoners, when they ran away they came up to me; when Grojan came up, he said they were the men; Green demanded the coat that was round his cloth; I said you stole this cloth somewhere; and he said he found it in Red-lion-street, in Holborn; Pinkstan said nothing about it.

JOHN TAYLOR sworn.

I was constable of the night; this cloth was brought to the watch-house, I have had it ever since; I put my mark on it; I advertised the cloth, and the prosecutor came and claimed it; it was about four days after the prisoners were taken.

THOMAS CLAY sworn.

I was shopman to Mr. Thwaits.

Court. When did you last see the cloth before it was advertised? - I cannot tell exactly.

Had any part of the piece been sold? - Yes, the whole piece was about one hundred yards; there was about thirty sold, here is sixty-seven yards here.

(Deposes to the cloth by a private mark.)

Do not you sell the cloth with the private mark on it? - Yes.

Had you any more than one piece? - Yes, we had four.

Have you sold any of that cloth with that mark on it? - No, the mark is on the outside fold, and we cut the inside fold: on the evening these were supposed to be stolen, we were busy, and I suppose it might be taken at the time the lamps were dull, and the shop was rather dark.

Thwaits. I am certain the cloth is my property, there is my own private mark and my brother's.

Had you sold any part of this cloth with the mark on it? - No.

PRISONER GREEN's DEFENCE.

I am innocent of the affair.

PRISONER PINKSTAN's DEFENCE.

I never saw the cloth or the young man, till we were at the watch-house.

WILLIAM GREEN GUILTY, Of stealing, but not privately .

Transported for seven years .

CHARLES PINKSTAN NOT GUILTY .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17890603-31

436. SOPHIA LUNT was indicted for feloniously stealing, on the 22d day of April , twelve yards of muslin, value 36 s. the property of Joseph Farrow .

JOSEPH FARROW sworn.

I am a tambour worker , on Wednesday the 22d of April, I lost twelve yards of muslin; the prisoner was a weekly servant to me; I never saw the property on the prisoner; I took her from my house before she was discharged from my service.

JAMES MATTHEWS sworn.

I am an officer at Mr. Staples's; on the 24th of April, the prosecutor came and said he had a person in custody who had stole some muslin; I went with him, and she told me she had sold it for 13 s. to Mr. Eaton, who keeps an iron shop in Cable-street, Rosemary-lane.

Court. Did she say who it belonged to? - She said to the person she lived with, she did not say his name.

MARY FARROW sworn.

I am wife of the prosecutor; on the Wednesday morning the prisoner came, and I desired her to clean the kitchen, and then go up and clean the garrets, and give her the key of the room where the muslin was, to clean the room; it was in a drawer, I missed it in about ten minutes; I did not see her till the Friday after; this was on the Wednesday.

Had she been in custody when you saw her? - Yes, she was in custody then.

Have you ever got the muslin from Eaton's? - No.

Court to Farrow. Had she the key of the room with her? - No, she left it in the door.

PRISONER's DEFENCE.

I did not confess any thing about it; I went to this place about six o'clock in the morning and staid till three o'clock in the afternoon; I went up stairs to make the bed and could not unlock the door, and left the key in and went away.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17890603-32

437. JOHN BRIDGWATER was indicted for feloniously stealing, on the 30th day of May , thirty-two pounds of lead, value 3 s. 9 d. belonging to the Right Honourable Welbore Ellis , and affixed to his garden, against the statute .

THOMAS CARROLL sworn.

I am gardener to the prosecutor; there were sundry pieces of lead missed from the garden at Twickenham ; I first missed it on the 26th of May.

Did you see it on the prisoner? - No, I saw it on the 4th of June at Mr. Tolley's shop at Twickenham; I compared it with the cistern, and it corresponded by the nails; I can positively swear to the lead, by some marks I put on it, when the first was missing.

RICHARD PENNY sworn.

I am a smith, the gardener came to my house on Thursday evening last, the 4th of June; he said he had lost some lead, and that he had a suspicion of the person; and we watched three or four nights, we found the prisoner in the cistern; we laid hold of him, and said we had been waiting

for him some time; we took him before the justice.

WILLIAM TOLLY sworn.

I am a grocer; Carrol told me he had lost some lead, and desired I would buy all the lead I could; I bought the lead of Mrs. Coltridge, she keeps a chandler's shop; Carrol examined it; he has had it ever since; he and I compared it to the cistern, and it matched very near.

JOSEPH CHALK sworn.

I am a broker, I am a constable; I took the prisoner into custody; I have had the lead ever since Saturday last, Carrol gave it me.

(Produces the lead.)

MARY COLTRIDGE sworn.

I purchased some lead of the prisoner, last Saturday week, between dinner and tea.

Court. Was that the lead that is produced? - I believe it is, to the best of my knowledge; I sold it to Tolley.

Court to Tolley. Is that the lead? - Yes.

To Carrol. Did you find any thing on him in the cistern? - Yes, a bag and this instrument for cutting it.

PRISONERS' DEFENCE.

I was coming up Back-lane; I found one of the pieces of lead in the dirt, close to Mr. Ellis's garden; I took it to Mr. Tolley's, and the other I found against the wall and took to Mrs. Coltridge's.

The prisoner called one witness to his character.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17890603-33

438. THOMAS CROSS was indicted for feloniously cutting and ripping, on the 17th day of May , one copper, of the value of 5 s. the property of Jacob Franks , and affixed to his dwelling-house, with intent to steal the same .

JACOB FRANKS sworn.

I keep a house in Lemon-street ; a copper was removed from there, it was on the 17th of May, about a quarter past ten o'clock at night.

JOHN STADE sworn.

I had been out with beer, and when I came back my mistress was sitting in the room frightened, and desired me to go backwards as she heard a noise; I took a candle and went into the wash-house and saw the prisoner pulling the copper out of the brickwork; I pulled him off the brickwork.

Court. Had he cut it? - He had put the knife he had under it; it was about a quarter past ten o'clock in the evening.

Court to Prosecutor. Did you see the copper after this? - Yes, the copper was removed some inches up; the brickwork and mortar was tore away, and the edges cut as they are now.

(Produced by Franks.)

PRISONER's DEFENCE.

I went into this place to ease myself, and the man came and dragged me away.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17890603-34

439. JAMES MURPHY was indicted for feloniously stealing, on the 2d of June , a pair of silver salts, value 20 s. a silver funnel, value 20 s. and two silver salt spoons, value 2 s. the property of William Edwards , in his dwelling-house .

WILLIAM EDWARDS sworn.

On this day week I was in my warehouse, which is behind my house; I saw from the warehouse, the prisoner in the parlour, I then saw him take something from the side-board; immediately on his seeing me from the warehouse, he turned round to avoid me from the window; I came out from the warehouse into the street; I saw the prisoner walk out of the parlour into the passage and went in the street; I called to him and asked him what business he had there; he made no reply, I hastened after him and at the door laid hold of his collar; he was very reluctant; he resisted, I brought him back to the parlour, and rang a bell for a servant to come to me; he told me he wanted to see a Mrs. Smith, there was no such person; in my house, he said he had not seen her; I missed some of the things from the sideboard, and asked him if he had not got some of them, he said he had not; upon which I shook his coat and heard something rattle; I put my hand into his pocket and found this pair of salts, a wine funnel and two salt ladles; they are my property, they were in the parlour on the sideboard; I have no doubt of their being mine.

Prisoner. I never was inside the parlour a young man gave them to me; my father is a shoe-maker.

Prosecutor. I suppose the value is about forty-five shillings.

GUILTY, 39 s.

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17890603-35

440. WILLIAM HESTER was indicted for feloniously stealing, on the 19th of May last, one silk handkerchief, value 2 s. the property of Caleb Whitford , privately from her person .

CALEB WHITFORD sworn.

On Tuesday, the 19th of May last, I lost a silk handkerchief in High-street, St. Giles's , I did not perceive it being taken from me at the time, it was taken privately; I have no reason to charge the prisoner on my own knowledge.

JOHN SEGOE sworn.

Between two and three in the afternoon, on Tuesday the 19th of May, I was in my own shop, in High-street, St. Giles's, and I saw the prosecutor pass my shop; I saw the prisoner and two others following him, and I suspected they had a design to rob him, and I went after them; the prisoner was close to the gentlemen; I ran in between him and the other man; he had picked his pocket, I cannot absolutely say I saw him take it; but he was the next person to the prosecutor; I pushed in and he threw down the handkerchief; I told the gentleman, and he said he had lost his handkerchief.

(Produced and deposed to by the prosecutor.)

Prosecutor. It was marked at the time when I lost it, and it was marked at the office with a pen and ink.

Was it the same handkerchief that was produced to you by the witness Segoe, which was marked at the office? - Here is the office mark upon it.

PRISONER.

I have nothing to say, I have no witnesses.

GUILTY, 10 d.

Transported for seven years .

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

Reference Number: t17890603-36

441. JOHN WORCESTER was indicted for stealing, on the 5th of May last, a pair of plated knee buckles, value 2 s. the property of Edward Arrow .

EDWARD ARROW sworn.

I lost a pair of plated shoe buckles on the 5th of May, I set my master down at the masquerade at one o'clock in the morning; he told me he should not want me for three hours; I knew not where to go better than to a public house to get me a pint of beer; accordingly I sat in a corner on the right-hand side against the wall, and my face towards the prisoner; I fell asleep, I observed the prisoner before I fell asleep; it is the same person; and when I awaked in about two hours, my breeches pocket was cut through on the left-hand side, and my buckles were gone; I had money on the other side, next the wall, which was not so convenient to the prisoner; when I found the buckles were gone, I asked a man that was there, if he saw any thing of my buckles? he said he saw this man stand by me, and he would go and shew me where he was; I went with him, and in about half an hour he shewed me the man, and I took him into custody; I found the buckles in the knees of his breeches; I valued them at two shillings, they have all the appearance of silver.

JOSEPH SMITH sworn.

I am a watch-man, I saw this man in custody, I assisted to take him to the watch-house; I searched him, and found one buckle in each knee of his breeches.

PRISONER's DEFENCE.

I am a porter, I got up between two and three o'clock in the morning, and I bought a pair of buckles of a man in Oxford-road; I gave him a shilling for the buckles and a pot of beer; I have no friends but what are out of town.

GUILTY .

Transported for seven years .

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

Reference Number: t17890603-37

442. JAMES WILSON was indicted for stealing, on the 29th of May , a japanned iron coal-skuttle, value 2 s. 6 d. the property of George Addington .

The prisoner was taken with the coal-skuttle upon him.

GUILTY .

Privately whipped , and discharged.

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

Reference Number: t17890603-38

443. JOHN MILLETT was indicted for burglariously breaking and entering the dwelling house of Giles Powell , Esq. about twelve in the night, on the 18th of May last, and burglariously stealing therein, three muslin handkerchiefs, value 7 s. 6 d. one hat, value 1 s. his property; and one velveret waistcoat, value 2 s. the property of John Frazier ; and four aprons value 3 s. the property of Sarah Fowler , spinster .

JOHN WALBY sworn.

I live at Mr. Powell's house, I am assistant to him, he is an apothecary ; he lives in South Audley-street, No. 66 ; his house was broke open on Monday the 18th of May; before I went to bed, I saw the windows and the door fast, we went to bed between eleven and twelve, and between seven and eight the maid came to let me know that the kitchen windows were broke open; with that I went down and looked at the shutters, and one of the shutters was broke in two in the middle; the lower part of the shutter and the window was lifted up, so that any person might go in; upon examination, three neck handkerchiefs of Mrs. Powell's, and one hat were missing; the handkerchiefs were kept in the two-pair of stairs back-room; I know the hat was in the passage, and I missed that myself; there was a waistcoat and a pair of stockings of the boy's, which he said he had lost, and four aprons belonging to the maid; they are neither of them here; we charged the prisoner, because on Wednesday the 27th, I was called up between eleven and twelve by the watch and Mr. Probatt, who detected this boy in the area; we searched, and did not find any thing of our property upon him at that time; there were two duplicates and a nail; we took him before Justice Read, and there was a hat which he had with the gold lace just taken from the edge of it; I asked him now he came by it, and he said it was the hat of Mr. Powell's, which he took out of the passage on the 17th of May.

Did he say that of his own accord, or was any promise made him? - I asked him before the Justice, and he said he did take it.

You only asked him, but did not you make him any promise? - No, I gave it to the watchman, and he confessed to taking the rest of the things which he sold in the Minories, he said, for four shillings.

JOHN PROBATT sworn.

I was passing along South Audley-street on the night of the 27th of May, about half past twelve; passing Mr. Powell's house I heard a noise in the area, and I saw the prisoner ascending the area rails; surprised to see a man there at that hour of the night, I asked him what he did there; he said the wind had blown his hat over; when he came on the pavement, not thinking that a satisfactory answer, I seized him and called the watch; Mr. Powell's house was alarmed, and I went with him to the watch-house, and saw him searched, and some trifling things were found upon him, amongst which was a nail; the next morning I was fetched to go before Justice Read, and I heard the witness that was last examined asked the particular questions; one was, that the hat he had on was Mr. Powell's hat? which he confessed; the other was, whether he had eat any thing the day he committed the robbery? and he said no, not great part of the day before.

WILLIAM GLOVER sworn.

I am a watchman, I took the prisoner in

charge, he said the wind had blown off his hat, and he went to fetch it, at the same time there was no wind; in the watch-house I searched the prisoner, and found this nail, which it is supposed he had been wrenching the windows with; going to the Justice's, he owned to taking the property out of Mr. Powell's house.

Did he say what time it was? - He said it was between the hours of twelve and one.

PRISONER's DEFERCE.

The last witness came and told me if I spoke the truth his master would forgive me.

Watchman. I told him to such thing, all I said was, if he did the thing, he had better own it.

GUILTY , Death .

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

Jury. We rather think the conduct of one of the witnesses ought to have some weight; and from motives of humanity we wish to recommend him to mercy, having no tools of house-breaking about him.

Reference Number: t17890603-39

444. JOSEPH BATES and SAMUEL WRIGHT were indicted for feloniously stealing, on the 23d of May last, twenty-one yards of printed callico, value 20 s. the property of James West .

WILLIAM HALL sworn.

I am servant to Mr. West, my master lost a piece of goods last Saturday se'night; on information we pursued the two prisoners, and took the prisoner Bates. with the piece of goods, and put him into Wood-street Compter; the property is Mr. West's, we marked it immediately, I have had it ever since; I saw nothing of either of them till I took the print from the biggest of the prisoners.

(Deposed to.)

MATHEW DUFFEY sworn.

I had been to Newgate-street about my business, and returning through Cheapside , I saw the biggest of the prisoners at Mr. West's door, that is Bates; I had not got a step further before I saw the prisoner Wright come out with a piece of print under his arm; then Bates, passed the door and followed the other prisoner down Gutter-lane; I went into Mr. West's warehouse and apprised them of it; they followed them.

JAMES JETT sworn.

I was sent for to take up the prisoner Samuel Wright in St. Paul's Church-yard, by order of the prosecutor, I took them before the Alderman.

Court to Hall. Where was that piece of callico that you now produce? - It only came in an hour or two before the robbery, the value of it is something more than it is laid in the indictment.

PRISONER BATES's DEFENCE.

I was hired by another man to carry it into Old-street; I know nothing of this lad at all, and the man was gone.

JOSEPH BATES , SAMUEL WRIGHT ,

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. Justice ASHURST.

Reference Number: t17890603-40

445. EDWARD TAPP was indicted for feloniously stealing, on the 8th of May last, a diamond, value 4 l. the property of Thomas Jefferies and William Jones .

WILLIAM JONES sworn.

I am in partnership with Thomas Jeffries, we deal in jewels and other articles ; on the 8th of May last we employed the prisoner Edward Tapp in setting diamonds for us; we had lost a pair of diamond earrings, which the prisoner had set for us, and

in order to replace them, the prisoner came to chuse other diamonds; we keep diamonds loose in little drawers, and I had laid two or three little drawers before him of loose diamonds, for him to select out the diamonds that were wanted; I generally stand by them myself, and attend while they take out the diamonds; I was doing so, but was called to the door, a lady in a carriage wanted to speak to me.

Cout. Do you keep any account of the number of those diamonds that you lay before your workmen? - No, it is impossible to do it; one of our young men was by, and I left him to attend him, a shopman, his name is Robert Tate ; on my return he said he had seen him take a diamond, and put it into his left hand waistcoat pocket.

Was this in hearing of the prisoner? - Yes: on which I said to the prisoner; it is a very odd thing, one of our people says, you have taken a diamond, and put it into your left hand waistcoat pocket; now turn out your pocket that we may see whether it is true or not; upon which he put his hand into his left-hand pocket, and after fumbling about some time, he pulled the diamond out, which he threw on the table, and said there it is; he said he hoped I would excuse it; he made an open confession.

Can you swear to that diamond? - It is very difficult to swear to loose stones; but there is something particular in that diamond which makes me swear it is my diamond; there is something in the stone of a particular colour.

Court. There was nothing passed between you and the prisoner, to induce you to believe from any thing he said, that it was not your property, but the property of another person? - Not the shadow of it, he confessed, and he said he had often robbed us.

Had you previous to this confession made him any promise to shew him any favour? - No, my Lord.

Or threatened or frightened him into such confession? - No, nothing of that sort passed.

Mr. Garrow, Prisoner's Counsel. Mr. Jones, how long had this man worked for you? - A considerable number of years.

Every body knows, Mr. Jones, that in your house you do a vast quantity of business, particularly in this way; how many thousand diamonds do you think might be produced to him for his choice? - I suppose in point of number there might be some thousands; but they were principally very small ones.

I believe Mr. Jones, this man had been induced very much by the encouragement of your house to go into the business? - He was a working jeweller.

I understand he was established in that business before your house employed him? - He was not confined to work for us, but he did a great deal for us.

Did it ever happen to you to pay this man in any other way than by cash? - He frequently wanted diamonds, which he said was for a correspondent at York, and we sold him loose diamonds for that purpose.

Then he was in the habit of buying loose diamonds for his own use? - Occasionally he did; whenever he took diamonds, they were immediately placed to his account.

Upon this occasion had he any more diamonds in his pocket than the one that was produced to you? - Not loose, that I know of; but I suppose that he had diamonds to the value of seven hundred pounds to repair.

I need hardly ask you then, whether at that time he was a man of good character, and in your confidence? - He was a man that we had confidence in, certainly, or we should not have done it.

I observe that upon your coming in from the lady, who wanted you, you stated to him what had passed from Tate? - Yes.

Then Tate's conversation to you was not in his hearing? - I believe it was so low that he could not hear it.

Mr. Garrow. Very few people have more experience in this trade than you have; I believe that unless there is a flaw in the stone, neither you nor any body else would venture to swear to a loose

stone? - This has a colour which distinguishes it.

Therefore it would be of the same class with others of the same colour? - There is something that would distinguish it, I mean to say that I had observed it before.

Do you mean to say, as a man conversant in the trade, that it is your's? - I mean to say that I frequently have occasion to six loose diamonds; that to the best of my judgment I have more than once taken up that stone for different pieces of work, and found it so incompleat in colour that it would not do; I do not take upon me to say-positively to it, and yet I say there is something particular in the stone, by which to the best of my judgment I knew it to be mine; there was not any of my other workmen present at that time; I have many others, and they are all supplied in the same manner.

I believe that occasionally the different shopmen, and other persons in your shop, shew those diamonds? - We keep the key of them, either Mr. Jefferies or myself; he is not here; he very seldom is in the shop, he does not attend much; he does sometimes.

In point of fact he has access to that drawer? - Yes, but he had been out of town; he was in town at that time.

Then it is quite impossible that you could swear he had not been there half an hour before.

ROBERT TATE sworn.

I am a shopman in the shop of Mess. Jefferies and Jones; on the 8th of May last I was by the prisoner in that shop, and saw the prisoner take from the drawer a loose diamond, I saw him when he took it from others in his right hand, and take it with his left hand, and put it into his waistcoat pocket, the left hand pocket; I said nothing to him at the time, I acquainted Mr. Jones with the circumstance; Mr. Jones accused him with it, which he absolutely denied at first; but on my persisting on seeing him take it, and telling him the pocket in which it was, Mr. Jones immediately desired him to turn out that pocket; what I said was in the hearing of the prisoner; he did not turn out that pocket, but put his hand in the pocket, and pulled therefrom a diamond which he threw on a paper, saying, there it is; there was no great conversation past, any other than his desiring Mr. Jones to be merciful, or words to that purpose.

Did the prisoner at this time make any pretence that he had taken this diamond with a view to set it in the ear-rings to supply the place of those that were lost, or any thing to that effect? - He did not.

HENRY NAYLOR sworn.

I am an apothecary in Jermyn-street, I am apothecary to the prosecutor, I have known the prisoner I believe ten or twelve years, or more.

Mr. Garrow. State to the Court and Jury, Mr. Naylor, what your opinion was of the prisoner? - I have as a medical man attended that family for ten or twelve years, and he always appeared to me as a very industrious man, a man of great humanity, and I always did believe him a man of great integrity.

RICHRD ATKINSON sworn.

I am partner with Mr. Nayler in Jermyn-street, I have known the prisoner nine or ten years, I never heard any thing in my life against the prisoner; I know nothing to the contrary of his being an honest man, nor ever heard any thing to the contrary, not the least.

THOMAS CALLENDINE sworn.

I live in Compton-street, Clerkenwell; I have known him twenty-six or twenty-seven years; I never knew any thing amiss of him before this affair.

JAMES HASLETT sworn.

I live in Kingsland-road, I am a jeweller; the prisoner served his time to me, I have known him ever since the year 1765, he was bound apprentice to me, I had four score pounds apprentice see with him, he

sustained a very good character I assure you; when he had served three years and a half of his time, I had occasion to go to Paris, and I had so good an opinion of him that I employed him to pay all my workmen, and he had the liberty of my iron chest, and all my diamonds, and every thing; and he went to my bankers in order to pay and receive money, and he conducted himself faithfully; and after he had served his time I employed him as a journeyman four years, till he set up for himself; I would intrust him now with a thousand pounds.

Was he a man likely to pilfer a diamond out of a drawer? - I have not the idea of it; and I do not believe he would have taken a grain of gold, much less a diamond.

- MAJOR sworn.

I live at Walworth, I was formerly in the jewellery and goldsmith business in the Poultry; I have known the prisoner eighteen years, he bore the best of characters, I have employed him, and with very great confidence, I have always found him a man of very great integrity; I never found any of the workmen that I employed stricter or juster in their accounts; at this present moment, was he out of this situation, I would entrust him with any property whatever.

Mr. Garrow. I need not ask you if he was a man likely to steal a small stone out of a drawer? - Very far from it; I could not have suspected him or doubted him; I would intrust him with any sum at this present time, if he was extricated from this.

PETER MYERS sworn.

I live in St. Martin's le Grand, I am a jeweller; I have known him these sixteen years, I had a very good character of him, he lived with me three years and upwards; I would intrust him now with any thing that was in my power, such an opinion I have of him.

JAMES MACLANE sworn.

I keep the Cecil-street coffee-house, and I have known the prisoner from a child; I never heard any thing of him but what was honest, I always had a good opinion of him.

A man worthy of trust? - I never knew nor heard any thing to the contrary.

DANIEL PYAN sworn.

I live in St. Martin's-lane, I am a jeweller; I have known him a good many years, I always knew him to be a fair honest dealing man.

Was he a man likely to steal a small stone out of a drawer? - I never thought so, nor I do not think it now; I have a very good opinion of him.

Mr. Garrow. I will not trouble your lordship with any more witnesses.

GUILTY .

Imprisoned six months .

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

Reference Number: t17890603-41

446. WILLIAM DELFER was indicted for feloniously stealing on the 4th of May last, a man's cloth coat, value 30 s. a sattin waistcoat, value 20 s. a pair of sattin breeches, value 20 s. the property of Patrick Reynolds , in the dwelling house of Timothy Connally .

ISABELLA REYNOLDS sworn.

I am wife of Patrick Reynolds ; on the 4th of May last, my husband lost some wearing apparel; a green coat, black sattin waistcoat and breeches; they were in the drawer in my room, in Mr. Connally's house; we lodged there, I cannot say the value of them, I believe the value to be five pounds ten shillings; the prisoner came into our room on Monday morning about ten o'clock to see my husband; he dined with us, he was there all the afternoon; my husband went to his work about two o'clock; a little after two he ask me to lend him a halfpenny to get some small

beer with, and he sent me for it; when I was gone for the beer, he took the clothes; when I returned, I set down the small beer on the stairs, and went down stairs, and went into the yard to see if the water was on, and he was going along the passage; as I came along the yard, I heard somebody go along the passage; I went to the passage door to see who it was; the prisoner was going along the street towards the first turning with the clothes under his left arm; and I had not the presence of mind to call stop thief; I went up stairs and the clothes were gone; I was at home all the time, till I went out for the small beer; one young man came to our house that morning; that young man was not in the room above ten minutes, nobody else had been there but the prisoner besides him; I never got the clothes again.

Mr. Knowlys, Prisoner's Counsel. Are you sure that this is all that you know about it? - Yes.

Now in the first place; what is this young lad? - A coach carver.

Your husband is in the same business? - Yes.

In whose employ is this young man? - One Mr. Harris, in Shoreditch; he was his apprentice, my husband had known him some time; my husband works at Mr. Savage's in Queen-street; he never worked for my husband; he was not in my husband's employ.

Do you mean to swear that positively, or only to say that you do not know he was not in your husband's employ? - He was not, positively he was not.

How came Mr. Harris, his master, to call upon your husband to threaten him for detaining his apprentice? - He never called at our house.

And told him that if that young lad did not quit his employment, he would bring an action against him? - He never was in our house in his life, nor I never heard of such a thing.

How long was he in your house this day? - Most part of the day; from ten o'clock in the morning, till four o'clock in the afternoon; it was his own fault; you know; my husband asked him if he was going to work; he went out with my husband that day.

Do you know the christian name of the person you rent the room of? - Timothy Connally ; the young lad never was at our house before, and I never saw him at our house; I said my husband knew him, but not me; I never saw him before.

Did not you know from your husband that he had frequently trusted him, and that he had frequently done jobs for your husband? - No, he never assisted my husband, he never was past our house before; that I know positively.

How long was it before you went to your drawers? - Immediately as I went up stairs; the drawers were open, and a gown and petticoat of mine that were in the same drawer were left, and the clothes were gone; my husband and me knew where his master lived; he was taken up Tuesday night.

There was no search after the young man? - Yes.

Will you swear positively, that before the Tuesday, you or anybody on your account went to his master's house? - My husband went on the Monday about five o'clock; I knew of no quarrel between Mr. Harris and my husband about his being detained from his service, and Mr. Harris has made no complaints that he was detained; Mr. Harris said if we did not punish his apprentice he would punish us; he has been taken up two or three times for a run-away apprentice; he said if we did not punish the boy, he would punish us for not punishing him.

PATRICK REYNOLDS sworn.

I lost a coat, waistcoat and breeches; I was not at home when they were lost, it was on the 4th of May I heard of it; my wife came up in great confusion, and told me what happened, in consequence of her information, I went to Justice Wilmot's and took out a warrant against the prisoner, and gave it to one Shakeshaft; on

Monday evening I informed him where the prisoner lived, and on Tuesday the prisoner was taken; the value of the clothes is three pounds ten shillings.

Mr. Knowlys. How long have you known this lad? - About four or five years; he was at this time working as a coach carver; I believe he was very near out of his time; I look upon it, he was capable of making a good living, I fancy he was a good workman; I have worked for about eight months in the same shop that his master kept; I never employed him, the day this happened, was the day he ever was in my room.

You have had some little squables with Mr. Harris? - No Sir, never in my life; Mr. Harris objected to this boy being out of work.

Did he accuse you with that? - He could not.

Did he? - Never, till this late affair happened.

Why, has he not threatened to bring an action against you, for harbouring his apprentice? - Not that I know of; his wife told me he would punish me for not turning his boy away when he called to see me; he never was in my room in his life, till that very day she complained to me for that particular time; he was examined twice at the office.

Francis Harris , the prisoner's master, deposed, that he had threatened to prosecute Reynolds, if his apprentice was kept out of the way; as he took him to be the cause of the boy's eloping, and gave the prisoner a good character.

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

GUILTY, 39 s.

Transported for seven years .

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

Reference Number: t17890603-42

447. ROBERT CRUMP was indicted for feloniously stealing, on the 6th of May last, a glass quart bottle filled with claret, value 5 s. two ditto filled with red port, value 4 s. five quart ditto filled with white wine, value 5 s. the property of Stephen Lushington , Esq.

STEPHEN LUSHINGTON , Esq. sworn.

I lost this wine out of my house, from my cellar; it was sometime past, I missed a very large quantity of wine; and on parting with my butler, I desired a particular account might be taken of every bottle of wine to be given in charge to the new butler; the prisoner came into my service the 24th of January last; the account was taken whilst he was in my service; on the 1st of May, when I went into the country, the prisoner (after he had been discharged my service, not for any fault or suspicion of the kind) I told him he might stay in my house till the Monday, when I should return to town to dinner, and in the afternoon I would pay him his wages before I went out of town; on that day I ordered a pipe of port and a pipe of madeira to be bottled off; when I came back on the Monday, this man was to receive his wages; on the Monday he did not stay in my house, but went to see some friends; he did not return on Monday, but on Tuesday morning I ordered him to be detained; I went down stairs and insisted on having his box opened, he said he had not the key of his box, but he would go and get it; I would not suffer him to go, and the box was accordingly opened by force, and he took all the things out himself, clothes, shirts, and different things, and at the bottom of the box there was a good deal of hay, and among that hay were eight bottles of wine which he took out himself; they were all wrapped up in separate papers, waste paper which I had sent into the kitchen; one had a seal upon it; in consequence of this, I took him to Bow-street; at the desire of the prisoner, I saw him up stairs in my parlour in the

presence of my servant; I promised him favour; I said, as I have been robbed of a great deal of wine, very like you may turn King's evidence, as it will be better for you.

Mr. Garrow, Prisoner's Counsel. I collect Sir, from your sending your servant to see if you had any wine of that kind, you did not know whether you had or not? - I did not, I had a very good opinion of the prisoner; I meant to keep him in my service, and I told him when he would go away, I should give him a a very good character; he did not go for any misconduct at all.

THOMAS COTTON sworn.

I am butler to Mr. Lushington; I found some wine in the prisoner's box, as described by Mr. Lushington, there were eight bottles.

Could you tell all that by the appearance of that wine, to whom it belonged? - In my opinion to my master.

Why do you think so? - The bottle of claret was the same as some in the cellar; nobody but me had the key of this cellar that I know of; I had been in the house about two months.

Had you such an account of your master's wine as to tell whether any was missing? - Yes.

Do you keep a book? - Yes.

Did you find the wine correspond with that book? - Yes.

Was there any wine missing in the cellar? - There was.

Was the same quantity of wine missing in the cellar as described in the indictment? - A great deal more.

Was there any claret missing? - I cannot say there was any missing from the claret binn, there was not; I found in one binn port, claret and sherry intermixed; and I believe madeira also in the same binn; the late butler might have done that; I took the stock regularly from binn to binn; this man had nothing to do with the cellar.

Did you reckon it all as one wine? - I did not know that it was mixed, I reckoned it all as sherry, I have always accounted for it as sherry, but there were some odd bottles that were intermixed, which would have come at the last.

Can you say with certainty, whether any bottles of wine were missing from this binn? - Yes, there were, but I cannot say how many, I believe there were nine bottles missing from this binn, to the best of my recollection.

Had that the seal of Shallico's claret? - I believe it had, I never drew the cork; (The bottle produced.) This is the bottle that I found in the box.

Prosecutor. This has the seal of Shallico upon it.

Mr. Garrow. You say Sir, you apprehend you are able to state that wine was missing out of that binn; you are not able, by your account to state that any claret was missing? - No, I am not; I took account of it as sherry.

Your claret in your other cellar does not appear to have any taken from it? - Not any, that is Shallico's claret and is all right.

Prisoner. I wish to leave it all to the counsel.

The prisoner called five witnesses who gave him an exceeding good character.

Calton. I keep the key of the cellar, they are open binns; the lock of the cellar has been examined, and it does not appear that it has been broke open at all; I never suspected the man of being a dishonest man.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17890603-43

448. JOHN SHEPHERD was indicted for feloniously stealing, on the 10th day of May , a hair comb, value 1 d. fourteen guineas, a half guinea, three half

crowns and a shilling, the property of Clement Rowe , in the dwelling-house of Thomas Herd .

The witnesses examined separate.

CLEMENT ROWE sworn.

The prisoner was fellow servant with me at the Globe Tavern in Fore-street ; on the 10th of May it was my Sunday to go out, the prisoner was at home; I went out about half past two o'clock, and staid till ten in the evening, when I came home, I learned the prisoner was gone; my master desired me to get change for a guinea, I said, I thought I could change it myself, I went up stairs to my box, where I had left my money, and I could not without difficulty get it open; at length I forced it open, and I missed all the money which had been in the box; consisting of fifteen guineas and a half, three half crowns and a shilling, which was in a little box in the great box, and the great box I had left locked; I saw the money at half past two o'clock, when I went out; it was in a little box withinside another, the great box was locked, that was all the money that was in it; I had two shillings in silver in my own pocket, which made me think I could change the guinea; there was also a large comb lost out of the box; when I missed my money, I came and told my master, and he told me that the prisoner who was porter, had gone away from the place; he gave no notice of his going; he was taken up the Friday following in Grub-street; I was not present when he was taken up; when they charged him, he said he was not guilty of any thing; they brought him to the Globe Tavern and told him what he was taken up for, and he denied it; he was searched at the Globe Tavern, and they found a few shillings and some pocket pieces, which he had in his coat; he said that was all he had about him; he was taken to the compter and searched there, but I was not present.

Mr. Garrow, Prisoner's Counsel. How long had you and this young man lived together? - Six weeks.

Always lived on very good terms, had had not you? - Yes.

How often had you quarrelled in the the six weeks? - We had not quarelled above once; that was a good while before he left his place.

Do not you know that he gave warning to his master, because he and you could not agree together? - I do not know that he gave warning; he did not bring down his box to be searched; he was taken in Grub-street, within a few hundred yards of my master's house; a milk-man who was speaking to him, came and told us.

And the prisoner waited till you and the milk-man came back to him? - Yes.

How long might that take? - It took about a quarter of an hour to come and go back.

He was where the milk-man had described he left him, he was standing by a publick-house? - Near a publick-house.

Was this room locked up usually in which you and he slept? - No, it was not.

It is a publick tavern that you live at? - Yes. Both my boxes were locked.

They were not broke open? - I found them locked, and a difficulty to unlock them again.

This comb is worth a penny I see by the commitment? - It is worth six-pence.

Have not you quarrelled more than once? - No more than once.

What was that about? - I do not know indeed; I made a complaint one morning about the fire not being made, and the water not being boiled; he continued in service a month after that; I was neither pleased nor displeased.

How long have you lived there? - Going on nine months, and he six weeks.

THOMAS HERD sworn.

These two lads were both servants to me, the prosecutor and the prisoner.

Do you recollect Rowe going out on Sunday the 10th of May? - I do.

After he went out, do you know what became of the prisoner? - The prisoner came to me about an hour after the prosecutor went out, and he said, I should

be glad to know Sir, whether you intend to continue me in your service; for if you will, I will send into the country for my clothes.

Court. Had there been any talk of his going away before? - None at all; only I told him a fortnight before, that if he did not mend, I should not keep him.

For what fault had you reprimanded him? - For staying of errands and being lazy, and laying in bed of mornings, by complaints of the bar-keeper, and other servants; I told him I did not mean to continue him, he did not suit me; he said he had another place, to go to be a book-keeper to a carrier, and he must leave my place directly, in order to be there on Monday morning; I told him I thought it was an extraordinary manner of leaving his place at that time, and I should not discharge him then; he went up stairs and brought down a bundle, in the space of five minutes he brought me a piece of paper with figures on it, and said his wages came to so much; I threw it back, and said I should not look at it; he said he knew how to get his wages, and he went away.

Then you understood by him, that if you had been willing to continue him in your service, he would have staid? - Perfectly, from what he said; when the prosecutor came back, he missed his money; the prisoner was brought to my house on Friday following, I was present; he did not seem to say any thing; I saw the constable search him, and a leather bag was found upon him, with a few shillings; I did not pay any attention to what he said.

Mr. Garrow. Do you recollect which of your servants complained most of this man? - I believe the cook.

He was porter in the house, therefore it was his business to have eased the work of the others? - It was his business to have done every thing that was required of him.

The prisoner and the prosecutor never had a quarrel that you heard? - I have heard them have some words, but never any that I took notice of.

He never complained to you? - No, that I am quite sure of, he never complained at all.

After this money was lost, it was mentioned to every body about the house, and all the trades people? - Yes.

Can you recollect the expression you used to him about a month before? - I told him if he did not do his business better, if he did not mind better, I should discharge him.

You did not examine his bundle? - No, I did not, he said I might look into his bundle, for he had nothing but his own. The prisoner had been sent out and received a guinea or two.

ANN JONES sworn.

As soon as the waiter went out, the prisoner went up stairs, and was there some time; he went into his own room and the waiter's room, they both laid together; when he came down he went into the parlour to his master and gave warning; when he came out, he desired me to go up stairs with him, to see that he took nothing but his own; I went up with him; he brought his bundle down, and took every thing out, and went out; my master did not look into the bundle; I did, I saw nothing there but his own.

Was the bundle made up before you was up stairs? - Yes.

Were the prisoner and the prosecutor very good friends? - For what I know, I never heard of any disagreement.

RICHARD PITTMAN sworn.

I am a milkman; they take milk of me sometimes; I was going out with milk in Grub-street, and the prisoner was opposite the City Chapel; as soon as he saw me, he turned round and began reading a book, because I knew him; I took hold of him by the shoulder, and I asked him to go with me to the Globe Tavern; he said no, he would not go without a constable; I put the man that carried the pails for me, to take care of him, while I got a constable; then I went to the Globe Tavern, and I got Clement Rowe and Mr. Sedgwick

together; when I went back, I found him there and the man with him; that man is not here; he was taken from there to the Globe Tavern, there he was searched, and they found some silver upon him; and from thence he was taken to the Compter; I went there, he was searched there; I saw the money taken out, when the silver was found, he said he had no more money about him; when he was searched at the Compter, there was found upon him eleven guineas and a half, and a comb; the eleven guineas and a half were found in a fob pocket, the comb was in his coat pocket; nothing else were found upon him; he said nothing at all.

Mr. Garrow. You did not go before any alderman? - Yes.

Was you examined there? - Yes.

Why did not you bring this man, that you made captain over him? - I did not know he would be wanted.

How far was this man from Mr. Hurd's house? - About two hundred yards; I asked him if he would go with me to the Globe Tavern; and he said he would not; that I had no business to take him without a constable; I asked him if he did not rob the waiter.

Had you been much at the Globe? - I never was in the house twice in my life; I know him by sweeping the door.

The coat pocket where the comb was in, was not searched at the globe? - I am not rightly sure, whether his pocket was searched; it was not found, every thing was put on the table and examined.

ROBERT SEDGWICK sworn.

I took the prisoner into custody, I searched him at the Globe, and found some silver in his breeches pocket, in a bag, about ten shillings (in shillings and six-pences) and some pocket pieces; there was something like a counterfeit guinea, his pocket-book I took out of his pocket; we saw some letters there, concerning his own business, I imagine, I saw him searched at the Compter; there were eleven guineas and a half found upon him, and a comb; I have them; (Produced.) The silver was in that bag, and here is the comb.

- HILLIER sworn.

I was bound over, but I was subpoened on the part of the city yesterday, and I could not attend, and I know nothing but ordering him to be searched.

Court to Prosecutor. Was there any thing remarkable in the money you lost? - No, it was all new gold, excepting two guineas, I am sure of that.

What sort of a half guinea was the half guinea? - It was a new half guinea of the last coin.

Strait or crooked? - I believe it was crooked.

What sort of a comb was it that you lost? - A large comb like a mane-comb, quite a wide tooth comb, there were two of the teeth broke out.

Where were they out, at the middle or one end? - At one end.

Was the end broke off? - Only the teeth.

Both ends of the comb then were entire, but two teeth broke out at one end? - Yes, it is the thick end tooth, and the one next to it was broke; I put the comb and the razor, and all the things together into my box; it was locked up, I am sure of it.

Mr. Garrow. Your razor and the comb were together? - Yes.

Your razor was worth as much again as your comb? - I suppose it was.

That was left behind? - Yes.

Look at that comb, and tell me whether you know it or not? - Yes, it is my comb, I am sure of it; it was in the same box with the money; it could not go into the little box, it was in the large box.

Jury. Did you ever lend him that comb? - No.

Prisoner. My Lord, and Gentlemen of the Jury; I shall take it as a particular favour, if you will be kind enough to permit me to read my defence.

Court. By all means, but you had better let your Counsel see it first.

The prisoner then read his defence as follows:

With respect to the comb, it was taken out of my pocket either by a gentleman or the constable, when searching me at the Globe Tavern, in the room with and in the presence of the waiter, my prosecutor, and then and there returned; it was again taken out of my pocket, together with a knife by Mr. Leicester, the turnkey at the Poultry Compter, and there returned; a gentleman, then present, he who took it from me at the Globe Tavern, when returned thereto, asked the waiter if he had lost any articles besides the money; for he observed I had two combs; immediately the waiter, my prosecutor, answered, that he had lost one, and in consequence thereof came down to the compter a second time, and on its being re-produced, instantly laid claim to the same. Now I would ask him, why he did not lay claim to it either the first or second time it was produced, as well as the third time? if he says that it was not found and produced, how could that gentleman see it, and inform him thereof, as he acknowledged, if I mistake not, at Guildhall? and if he replies, that he did not see it; I would ask him if he was not present every time I was searched? and why the chief person concerned could not see it as well as another stranger thereto? But again, suffer me to enquire as it is of the utmost importance; if, on supposition I had stole this money which I am charged with, may we not reasonably suppose that where he deposited such an amount as fifteen or sixteen guineas, that other articles of value would be deposited? and I would ask, as we had the whole room for our own use, and as he had other boxes larger than that wherein he says these articles were deposited; if it be agreeable to reason or common sense to suppose for a moment, either that I should fix my inclination on nothing but an old broken comb, scarce worth noticing, being valued in my commitment at only one penny; or that he ever would deposit in the same place with gold and silver an old comb. There is another circumstance I would beg leave to remark, and that is, supposing I was guilty of taking this comb out of his box, when it was produced and re-produced, can any person suppose I was so destitute of common sense, as to keep it in my possession, when I had such opportunities of destroying it, especially if I had been guilty of such an offence? it must of course occur to my mind that, in case it was found upon me, it would be a certain means of my conviction; but, on the contrary, is it not more reasonable to suppose that it fell into my hands, in the manner described by my honourable friend Mr. Garrow, (and as such at the awful day of retribution it will be found); especially as the contrary supposition proves to a demonstration, that to take an article, such as it was, out of others of infinitely greater value, that I was the veriest fool in nature, and that I stole for stealing sake. Permit me now to say a few words in explanation, with regard to calling no person to my character; permit me in few words to explain: it is little more than half a year since I came to this city; and during the time I have been here, I have formed no acquaintance with any, save with those who were absolutely necessary in transacting the common affairs of life; but I appeal to Mr. Herd himself, my prosecutor, friend and master, whether in any single instance, during the time I was employed by him, I ever wronged him of the value of a farthing, or ever in transacting his affairs, such as carrying out wine, and giving receipts for the same, I ever behaved in any other than an honest, sober, and upright manner, and what was agreeable to the strictest honor, justice and morality: indeed if any thing detrimental to my character could have been found since I came here, it would not have been wanting, as the utmost vigilance, which the most inveterate malice, rancour and revenge could effect, have been used in order to bring to light any thing which might be of prejudice to me at this day: but I bless heaven, that from my youth up to this day, my life has been such, that no person ever

could, or ever did (save in this instance) charge me with any thing contrary to justice and morality. Gentlemen of the Jury, permit me in the last place to address a few words with the greatest deference and respect to you: I thank you for thus candidly hearing me so far; and I bless God and the legislature, that Englishmen are permitted to be heard: as a man, and a member of the constitution, my life is very very dear unto me; and I flatter myself, that in consideration thereof, you will from motives of pity and humanity, condescend to heat me a few moments longer: see me a stranger in a strange place, unknown to every one that can be of service to me in this awful situation; cut off from my friends by a long and inseparable distance; no persons in this city who know me, that can speak in my behalf, I mean they are not qualified so to do, for I am told that none but house-keepers can; else I could procure many of unsullied reputation, who would be glad to do it. In this deplorable situation, it is easy to conceive how acute, how sensible the pain must be which preys upon the vital spirits, and at times almost robs me of reason: In consequence thereof, to his lordship, and to your consideration, I submit with the utmost humility, what I have already said; and to God and to you I trust for a verdict consonant to my uprightness and innocence. Let not wealth and power triumph over poverty and weakness; nor rancour ever crush and consign the innocent and helpless to destruction and oblivion: Conscious of the rectitude of my conduct, I conclude with resting my cause upon him whose tribunal is founded in infallible uprightness,

"where the wicked

"cease from troubling, and where the

"weary are for ever at rest." Denying having any more money, if he did ask me, was owing to the confusion.

Court. Hand me up your defence.

(Handed up.)

Court. He refers to the manner described by you, Mr. Garrow; I have not heard you.

Court to Prisoner. Can you state the manner in which you became possessed of that comb?

Prisoner. My Lord, when I was porter to the Globe Tavern, in the place assigned to me to clean the knives, my master's shoes, and every necessary article, the waiter used to come into that place to dress his hair; he generally made use of a comb, one part wider and one smaller; this comb lay there from the time I first came to them, within a day or two of my departure; I never saw any person use it, I thought that comb was the property of the other porter; when I saw it laying about for some time; one time I picked it up out of the street, I had swept it out, and I took it as my own, not thinking it was the waiter's, because I never saw him use it.

Court. I understand from what you have stated, that you have no witnesses here.

Mrs. ESTHER WEBB sworn.

I live in Philip-lane, I am a widow; I have known him little more than six months, he has not been in town long, he comes from Yorkshire, he has a very good character indeed; I did not know him before, but I heard a good character from Yorkshire of him, he has appeared to deserve it since; he was a school-master in Yorkshire, he has no friends in town.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Court to Prisoner. You have had a very narrow escape indeed; the Jury have taken that which is always the surest side, if there is any degree of doubt; as they have spared your life, I hope it will be so conducted by you, as to make this verdict a benefit to yourself.

Prisoner. My Lord, I should take it as a particular favor to have my property restored.

Do you claim it? - Yes.

Mr. Garrow. I shall make no application for it, I do not think it would become me.

Court. I have my opinion upon it, but I shall give no direction but to return it to the officer.

N. B. The prosecutor took the money.

Reference Number: t17890603-44

449. JAMES BARRETT was indicted for stealing, on the 1st of May last, one dead sow, value 20 s. the property of William Ambridge .

WILLIAM AMBRIDGE sworn.

I am a pork butcher , I lost a dead sow from my slaughter-house; I live in Golden-lane , I saw the two fore-quarters at St. Luke's watch-house.

How did you know them to be your's? - By a bit of skin being cut off the neck.

Do you cut the skin off the neck of all you kill? - I do, all that I leave at that slaughter-house; I swear the two sides to be mine.

Did you find the whole, or only a part? - I found the whole in four quarters.

Mr. Knowlys, Prisoner's Counsel. This was not an intire sow? - No, Sir, the intrails were taken out.

Court. Do you sell a dead sow with the intrails? - No, I sell only the hog or sow dressed for sale; I buy a live hog or sow, and kill it and sell it as other pork butchers do.

Suppose you sell a sow dead, do you call it pork or a dead sow? - I call it a dead sow, because she was too heavy to be called pork.

Mr. Knowlys. This cannot be called a dead sow, being robbed of its intrails, it is no longer an animal; the feet and ears, head and entrails were all cut off; therefore it is no longer an animal; if you were to bargain with a man, would you ask for a dead sow? - Yes.

Should you think that I performed my contract to sell you a sow without a head, ears, feet and intrails; was it a part of a dead sow, or a whole dead sow? - It was only a part of a dead sow.

When had you seen this last? - On Thursday night.

Did you cut it up yourself? - I took the entrails out myself, when I first saw it; the two fore quarters were found upon the prisoner.

JOHN WRIGHT sworn.

I am a watchman; about two o'clock in the morning, on Friday the 1st of May, coming up the steps of Blind-alley, when I came to the top of the alley the prisoner turned from me, and I took him by the collar, and asked him what he had got there; he told me two shoulders of pork, and was going to Newgate-market with it; it was his own property; I told him he was gone the wrong way for Newgate market; and I took him and the pork to the watch-house; the pork was in a bag; I asked him his name, and where he lived, but he would not tell; when at the watch-house, he said he lived in the New-road, Hackney, and his wife was seventy miles off; the man and pork were taken next morning to the magistrate.

Did you put any mark upon it? - I did put my name upon it.

Was the whole of it in the watch-house, or only part of it? - We pursued the other two men, and they each dropped a part, but we could not take them; but brought the other two quarters to the watch-house.

Where did you shew the prosecutor these parts of the sow you found? - In the watch-house; he said there was a bit cut out of the skin of the neck, and out of the hind quarter and off the tail.

Court. How did you mark them? - With a pen and ink.

Court. Were they the same you took to the watch-house? - Yes.

Mr. Knowlys. You have not got them here? - No Sir.

PRISONER's DEFENCE.

I leave it to my counsel.

FOR THE PRISONER.

JOSEPH BINGS sworn.

I have known the prisoner five years, he always bore a very honest character.

NATHANIEL DAWES sworn.

He worked for me two years, he was a very honest man.

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

NOT GUILTY .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17890603-45

450. MARGARET JONES was indicted for feloniously stealing, on the 24th day of April last, one silver cream jug, value 10 s. one callico petticoat, value 4 s. two callico bed-gowns, value 8 s. a watch, value 40 s. and other things, the property of John Thomas , in the dwelling-house of William Warrick .

JOHN THOMAS sworn.

I lodge in the house of William Warrick ; I lost the articles mentioned in the indictment from different parts of my apartment; the prisoner was a servant of mine at the time; they were all missed at one time; on Friday the 24th of April, I saw them at Justice Wilmot's.

CHARLES ALLEN sworn.

I am a headborough; I took the several articles produced from the prisoner, at the Horns, near Shoreditch Church, in the publick room; she said the things were her own property; it was on the 24th of April; I kept the property till now, some of the things were in a coarse cloth: the milk jug and watch were concealed.

ABRAHAM CARTER sworn.

The prisoner desired to leave these things at my house, and she came back in custody of the last witness; she said they were her own property, and how dare he to attempt to stop her; I saw nothing taken from her.

(The things deposed to by the Prosecutor.)

Prosecutor. The prisoner went off without demanding any wages; about an hour after she went, I missed the things.

(Mrs. Thomas deposed to the things.)

PRISONER's DEFENCE.

If I had been right in my head, I should not have done wrong to man, woman, or child.

Court to Prosecutor. What servant was she? - A servant of all work; I saw a person who gave her a character.

GUILTY , Death .

She was humbly recommended to mercy, by the Prosecutor.

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17890603-46

451. ELIZABETH BETTS was indicted for stealing, on the 27th of May last, a copper pot, value 5 s. two copper tea kettles, value 2 s. one tin ditto, value 6 d. one copper saucepan, value 2 s. one pewter dish, value 1 s. two pewter plates, value 1 s. a tea-pot, value 2 d. and a basket, value 6 d. the property of Cosmo Trippo .

COSMO TRIPPO sworn.

I am a publican , the prisoner was my servant ; she came to me the 23d of May; on the 27th in the morning, a person informed me I was robbed, and in consequence of that information, I perceived I had lost the things mentioned in the indictment; the prisoner was then my servant; I charged her with taking the things; my wife asked her for a saucepan, and she seemed much flustrated, and

jumped out of the parlour window; I desired her to come into the house, and I sent for a runner, and had her taken to Poland-street; she was examined, and her examination taken down in writing.

Mr. Shelton. There is no examination returned.

Prosecutor. A tin tea-kettle, and a teapot were found at a woman's house, Mrs. Maccleraith, I have been used to them so long, I am positive to them; the woman came on the 28th, after the prisoner was apprehended, and we took her up on suspicion, and she acknowledged receiving these, but no more; the prisoner acknowledged having given her these things, and said she had sold the remainder of the copper, at a shop; I enquired at that shop, but they were sold again; I had made no promise, but she was persuaded by some people in the office to confess, to clear this other woman.

Was that at your instigation? - Yes.

Court. Then I cannot receive that confession.

JASPER STOCKER sworn.

I saw the prisoner take some coppers, and pewter plates in a basket through a parlour window, on the 26th of May, about four or five o'clock in the afternoon, I cannot tell the articles, I was in a cart carrying out goods; I informed his tenant Edward Roomes , who has a stall under his house; on the morning following I saw the prisoner give the woman, Maccleraith, this tin tea-kettle; I cannot say to the teapot, I also informed Roome of that; I saw nothing more, only the prisoner jumping out of the window; this was on Wednesday morning, the 27th of May.

Prisoner. My master promised to forgive me if I would confess; they frightened me out of my life at the justice's.

EDWARD ROOMES sworn.

I have a stall under the prosecutor's, the last witness informed me of something being taken out of window; and I saw a woman going up the street with a basket; this was on the 27th, I informed the prosecutor.

ANN TAYLOR sworn.

I saw the prisoner to the best of my knowledge last Monday at my shop, I am certain it was the prisoner; she had some pewter and coppers in a basket; I keep a clothes and rag shop; I have seen the prisoner several times at my shop; there was in the basket, a copper saucepan, a copper kettle, a pewter plate and a dish; I did not see this tin kettle; she told my man they were the property of a person distressed to pay her rent, and my man bought the things of her, and he sent to me for six shillings to pay for them; the man is not here.

Court. Did the prisoner offer you any thing before to sell? - No.

PRISONER.

I have sent for some gentlemen to my character.

Her witnesses called, but nobody answered.

GUILTY .

Imprisoned six months .

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

Reference Number: t17890603-47

452. WILLIAM SALT was indicted for feloniously stealing, on the 22d of May last, one hundred and twelve pounds weight of lead, value 16 s. belonging to Joseph Baydon Newditch , then and there fixed to a certain building of his, against the statute .

(The case opened by Mr. Silvester.)

JAMES BUTLER sworn.

I am a gardener to Mr. Joseph Baydon Newditch , he lives at Mount House, near Barnet , he has a green-house there; I missed the lead on Saturday the 23d of May, early in the morning; I am lure it was lost that night, between the 22d

and 23d, because I found a piece of the lead that was dropped on the gravel-walk, which was not there the night before; I locked up and missed all the ridge off the green-house, I packed them over the pales through the kitchen garden; I was present when the lead was brought back by Lucy, the officer, I have no doubt but it was the same lead, I saw it fitted as to the nail-hooks and everything.

MICHAEL WARD sworn.

I saw the prisoner, he brought the lead down the 27th of May to Mr. Pellett's, to whom I am a servant, I took it in and weighed it; it weighed one hundred two quarters and twenty-four-pounds, I gave the weight in to Mr. Pellett's clerk, I believe he was paid sixteen shillings per hundred, I did not see him paid; Lucy came in an hour after; it was all wet, and we had no other wet lead in the premises; I marked it before I delivered it.

Prisoner. It was among three ton weight.

How long was it? - I cannot say, there was no other wet lead in the place.

JOHN LUCY sworn.

On the morning of the 27th of May, I received information that Mr. Salt was in town with a cart with something in a sack, and that he had gone with his cart to Mr. Pellett's, an ironmonger in St. John-street; I went there to know what he had brought, and they said he had brought a quantity of lead; I desired to see it; I saw a quantity of lead laying wet and dirty, which the man said the prisoner had brought there; I saw Mr. Pellett, and told him my suspicion; Mr. Pellett ordered it to be marked and brought to my house, then I went to Barnet and enquired, and was further informed; I met the prisoner and the cart on Finchly Common; I secured him; coming along to town in the coach, he asked me if I could get him admitted King's evidence; the next morning he jumped out, and endeavoured to make his escape; and he endeavoured a second time to make his escape, and struck at me several times; he then asked me if I could get him admitted an evidence; I took him before Mr. Justice Trignet; the Justice asked him how he came by that lead; he said he had had it in his well a year and a quarter, that was the reason he gave for its being so wet, when he sold it; I then took the lead down to Mount House in the chaise, and in the presence of Mr. Lambert, and Butler the gardener, I fixed it to the place from whence it apparently came from; it is the same length and width as the premises, and the same nail-holes and hold-fast holes; upon a second examination before the magistrate, the lead was then again produced, Mr. Salt said that it did not come off of the green-house, and that he bought it, but refused to give any account to the magistrate where; I have the lead here.

You knew Salt before? - Yes.

Prisoner. Fifty such men as he could not have caught me, if I had had a mind to run away; I want to ask him whether he did not swear wrongfully? - No, my Lord.

- LAMBERT sworn.

Prisoner. I know him.

I live near the spot; I was present when the lead was compared; I wish not to pay the same compliment to the prisoner, that he has to me, of knowing me, for I do not know him, but by hear say; I went to see if this lead did match; and it matched so particularly well, that in my opinion I have not the least doubt, but it came from that green house, in every particular; and sometimes, I know in a court where constables come to be examined, that their evidence is not always right; and I was determined to go and see, I took a ladder and went on top of the green house and measured it myself, and I marked it, and the lead is here, so far as I suppose, with a deal of modesty to the prisoner, I think it is the lead.

PRISONER's DEFENCE.

My Lord, on the Wednesday as Lucy

took me, I had been buying some clothes in Rosemary-lane; I keep a broker's shop; I am a taylor, and deal in all sorts of rags, linen, and every thing; I got out of the cart to rest the horse, as my wife is very heavy, and Lucy came and tapped me on the shoulder; says he, I want you on suspicion of stealing lead; says I, I never was a thief in my life, nor stole any lead; says he, you must go with me; Mr. Tarling, the hay salesman, says, do not you make any reflections; Lucy has used you very ill, and if you want me, I will come and speak at the Old-bailey; and I would not have come with him, if he had not said so; he knows I never stole any property; I never was tried or apprehended at a bar in my life; as for them two men, one is a tallow chandler; he makes candles at twelve o'clock at night; I told him I had some moulds to sell.

Mr. Lambert. My Lord, I would not have mentioned it otherwise, but this man has been on board the ballast lighter before, and he says he never was tried before.

Prisoner. I never was caught making candles in the night; my lawyer does not know the bill is found; or Mr. Tarling would have come, Counsellor Garrow 's father would have come; my prosecutors would swear anybody's life away for a shilling; here is Butler, a man I worked for, for years, he is a man that is against me.

Jury. How did you come by that lead? - I bought it, I gave three halfpence farthing a pound for it.

To Mr. Butler. Do you know the prisoner? - Yes.

What character does he bear in the country? - I never troubled myself about his character; I never heard any particular character of him, I never heard any good character of him for some years.

Prisoner. I worked for Mr. Butler, fifteen or sixteen years, till I got into trouble for buying some lead before.

GUILTY .

Transported for fourteen years .

Tried by the London Jury before Mr. Justice ASHURST.

Reference Number: t17890603-48

453. WILLIAM COMBES was indicted for stealing, on the 27th of April last, a jack plane, value 18 d. the property of Colson Nesbit ; another jack plane, value 2 s. two iron squares, value 4 s. one iron axe, value 2 s. the property of John Gill .

CHARLES YOUNG sworn.

On the 5th of May I went in company with Barrier, to search Mr. Skinner's house; there I found a jack-plane, two squares, and an axe, among other things not in this indictment; Skinner keeps a broker's shop, he made no difficulty in letting us search; but after we found the plane, he said he had no more; and there we found them after he said he had bought no more things of the man that he bought the plane of; but we afterwards found the two squares and the axe.

(The things produced.)

- SKINNER sworn.

I am a cabinet-maker and keep a broker's shop; on Tuesday the 28th of April, the prisoner brought these things to my house, he came in the dusk of the evening, after I had shut, or was just shutting shop; he said he had these tools to sell, two planes, two squares, and an axe.

Court. How came you to say you had no more of these things? - I did not know I had any more, I thought they were sold.

ABRAHAM BARRIER sworn.

I am the constable that had a search warrant to search Skinner's house. I went with Charles Young ; I know no more than him.

ANDREW WILSON sworn.

As I was coming along the street, I saw this plane laying for sale, I bought it of Mr. Skinner for one shilling and nine-pence; it was a double-ironed plane; I had heard of the robbery, I knew it to be lost; I gave information at Litchfield-street office, and the Justice gave me an order to search Mr. Skinner's premises.

(Deposed to.)

Barrier. Skinner told us we were very welcome to search, but we found but a few

in the shop; we found the rest below stairs, he denied having those that were below, he said he did not know who he bought them of; the Justices recommended to him to look after the thief, and it seems he was the cause of his being apprehended.

Court to Skinner. Did you know the man at the time he brought them? - Yes.

Did you know his name? - Yes; at first I was not sure, because I had bought a whole chest of tools of a cheesemonger in Brooke's-market, I have not his name now; upon seeing him, and recollecting what things I had, I was well convinced I bought them of the prisoner, and I informed the Justice.

PRISONER's DEFERCE.

Gentlemen, if it was the last thing I have to say, I know nothing of the tools; they told me at the Justices, if this does not do you, we will do you with something else; there were twenty carpenters there, and Mr. Skinner also, who said so.

GUILTY .

Transported for seven years .

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

Reference Number: t17890603-49

454. SARAH COOK was indicted for stealing, on the 23d day of May , one muslin apron, value 4 s. one cotton shawl, value 5 s. one large silver tea-spoon, value 2 s. three pair of cotton stockings, value 3 s. and half a yard of gold lace, value 2 s. the property of Richard Williams .

RICHARD WILLIAMS sworn.

On Saturday the 23d of May I lost the things mentioned in the indictment; the gold lace must be taken from my fore-parlour, and all the things from my dwelling-house; the prisoner lived servant to me two days before she ran away, she took the things the Saturday night she went away between eleven and twelve at night, and left my street-door open; we took her on Tuesday, and found the gold lace in her pocket, nothing else but an old napkin; she gave no intimation of going away, I missed her before twelve on Saturday night; I took her at the woman's where I had a character of her.

(The gold lace produced.)

JOSEPH WIGHTMAN sworn.

I apprehended the prisoner, I searched her immediately and found this gold lace in her pocket, it is in the same situation I found it in.

Prosecutor. There is only this one pattern of this lace, I had it to shew Captain Campbell, I left it on my parlour table, and I am sure this is the same lace, there were about twelve yards of it; this cloak was part of the property she took away; the prisoner fell on her knees and asked my mercy.

GUILTY .

Imprisoned six months .

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

Reference Number: t17890603-50

455. THOMAS DENTON , JOHN JONES and WILLIAM JONES were indicted, for that they, on the 25th of March last, one piece of false, feigned and counterfeit money and coin, to the likeness and similitude of the good, legal and current coin of this realm, called a half crown, feloniously and traiterously did forge, counterfeit, and coin, against the statute .

A second count charging them, upon the same day, with coining a shilling.

(The Case opened by Mr. Silvester.)

The witnesses examined separate.

JOHN CLARKE sworn.

On the 25th of March I went, in company with Carpmeal, Jealous and Shallard,

to the prisoner Denton's house, No. 18, Bell-court, Gray's-inn-lane , it was about twelve at noon; I told the rest of the officers, if I staid in the house so many minutes to come in; I went in alone, after going through the shop, which is a sort of picture and book-shop, there is a little parlour-door; I went in at the street-door, opened the shop-door, and in the little parlour there was Denton and John Jones sitting at a table, and before them this paper book, and these two cards; it appears on the face of them that they had been casting up some stock or another, where it is mentioned, all that I can explain in them papers, bulls and half bulls are crowns and half crowns, in coiner's language, and a bob is a shilling, flat is metal; but I do not know of my own knowledge, only from informations and confessions.

Court. By what means have you known that those phrases, such as bull and bob, bear a meaning so very different? - By experience in court, and by a number of people that I have heard so use them; I have heard them from five hundred people.

Mr. Garrow. My Lord, I submit whether this is admissible?

Court. There is no way by which a man can acquire the knowledge of language but by information; originally all our knowledge of language must come from the information of others; I do not know that bull signifies a horned beast, otherwise than by information; we have heard the word traps given in evidence a thousand times, and never objected to, and a variety of other cant phrases that are as well understood among a certain set of people, as the common words of the English Language; all language is arbitrary; I think it is admissible evidence.

Mr. Clark. Supposing a piece of metal is as thick as my two fingers, and we wish to reduce it to the thickness of one of these blanks, it is taken to the flatting-mill.

Mr. Garrow. And flat has nothing of criminality annexed to it, because it may be used for buttons to a coat, or for a variety of other purposes.

Mr. Clark. In about three or four minutes the officers came in, and I saw the prisoner Jones wish to shift something; but first I must tell you, I asked him his name, and he said it was John Jones , and he lodged at a stay-maker's in Cloth-fair; I enquired afterwards, and he did not lodge there, and it turned out his name was Keys; I did not know his name at that time.

Court. What you enquired and was told is not evidence; we will take it that he told you his name, and that he lodged at a stay-makers in Cloth-fair.

Mr. Clark. As soon as the officers came I desired Denton and John Jones might be searched; they were searched in my presence, and they have kept separate what was found on each; before the prisoners were secured, the other prisoner William Jones came in; I asked him his name, he said William Jones ; I asked him where he lived, and he refused to tell me; I saw all the things found, and I can describe them: upon the prisoner Denton, when he was searched, there were found a latch-key, and a key that opened the door of the three pair of stairs, and some good shillings and half crowns; two half crowns, one sixpence and two shillings, appearing to be reduced on one side, nothing else that I recollect on his person; there is a temporary door at the end of the passage, one was the key of that door, which prevented access to any part of the house but the shop.

Court. Could you go through the back-parlour at any other door? - No; to go up stairs you must come into the shop and into the passage, and open this door; and the other key belong to the three pair of stairs back-room; in that back garret was found a cutting-out press fixed, dies and all fixed; the cutters were withinside ready for work; there was a large quantity of blanks, some only cut out, and some edged; there were these two turn benches, I believe they call them so that use them; one of them was fixed; it is what the watch-makers use also, any thing where nice turning is required.

Court. Was there anything fixed in the turn-bench when you found it? - No, I do not recollect there was; there were two of them in the garret, I found an instrument, it is used for two purposes, one for making, and the other for closing the edges of the metal; I do not know the name of this instrument.

Court. Is this last instrument used in the mint, or is it an instrument new in the mint? - It is the first I ever saw of the kind.

Then it is not a known instrument? - Not to my knowledge.

Mr. Nicholls, Monier of the Mint. It is not an instrument used by us.

Court to Mr. Clark. Is there any machinery belonging to it, or does it work by hand? - It works by hand; there was in the garret eight or ten pounds weight of cecil, and some counterfeit dollars, and three half crown pieces; they are counterfeit, but they are plated on both sides, from that it is turned over and put into this tool, that closes it, the other makes the impression on the edge after it is closed; there were some finished half crowns in the garret, but the plate was taken off at the edge, it was in the same state.

Court. This appears to be broke by some accident? - Here is two of them finished, and one perfect; one is that with the groove in the edge, the other finished but broke in the edge, and the other quite perfect; the one that is quite perfect I think any body would take it; there were a number of little things that are made use of, and there was a boil that they make use of, I believe, but I do not understand it.

Was the cecil and blanks that were found of the same sort of metal plated on both sides? - Yes.

Court. Those blanks do not stand in need of the materials for colouring? - No, not all; I found several other little tools, such as gravers, which are used in other businesses, what they hold at the edge for cutting the grooves; the graver is applicable to the turn-bench; there was some blacking, there was no use for it unless it was to make them look old; these things are applicable to the instrument used for making and closing; I think Denton gave the key of the bureau to Carpmeal; I heard Denton say so before the magistrate; the prisoner Denton acknowledged this key to be his before the justice, with a view of discharging his wire, who was in custody; in that bureau I found these dies, and I found these, which are clearly taken down on one side to make the dies from, they are good coin; in order to make the dies, one raising one way, and the other going in the other, the impressions could not come up; if it was wrought work on each side, it would sink this way, as well as the other, so that the impression is made on one side only of the piece.

Court. And that piece which you suppose the dies has been made from, then, is good coin? - Yes, the impression is totally defaced; on one side quite smooth; I fancy it is turned or smoothed down before they use it.

Why is it necessary to smooth that down? - It is necessary to make the impression stronger.

Have you compared these dies with this piece? - Yes I have, but one shilling being struck from a die of the Tower, is so exact that I cannot venture to swear whether that very die was made from that piece of money, it is impossible, but it evidently appears as such.

Mr. Silvester. Look at that, is that die made from that puncheon? - It has every appearance of it; here are some shillings which are finished (counterfeits) which I found in the bureau; I have not examined them with the dies.

Court. Compare this shilling with that die, and see if you can form any judgment? - I can only say, that they have been struck from such another as this, if not from this; I can carry it no further than your sight; they fit in.

Court. Look at these two shillings with that die? - I do not think they were struck from that, they have a different appearance; I found nothing else in the bureau; Carpmeal found a great many things upon John

Jones; two or three counterfeit dollars, and some papers of account, like those found on the table; I do not recollect any coin found on him; there were two keys, one a latch key, that opens that temporary door in the passage, and another key and a padlock key, which opened a padlock which was in the cellar; the padlock was on a vault under the court, and that was on the inner cellar door where there was a stamping press fixed, and a pair of dies in for striking shillings, and several more dies which will be produced for shillings and half crowns; some metal that had been struck up with the impression of dollars, and some with the impression of half crowns; there was no counterfeit shillings found in that cellar, to the best of my knowledge.

Mr. Silvester. Had the cellar the appearance of being worked in? - Oh dear yes! there is no doubt but they had worked there, the place was all over grease and tallow; but I could not tell when they had been at work there, I should imagine they would be three persons from what has appeared in the court, and what I have seen and known.

Court. Are two sufficient? - Two may be sufficient, one to feed the press, and the other to pull it round; upon William Jones I found several counterfeit shillings, to appearance they were struck from the dies that were found in the cellar; I cannot speak certainly to them, I have not examined them; and there was a broken die found upon him; nothing else but a piece of metal that the die seemingly was made from; in the three pair of stairs front room, which was not locked up, there was some of them tools, which are used in the milling instrument, and there was a lathe; there were several blank puncheons made into dies; in the two pair of stairs back room, there were flasks of sand and every thing for casting, and some patterns of puncheons, the flasks and sand had been used to cast the puncheons in; I do not recollect any thing else material in any part of the house.

Mr. Knowlys, one of the Prisoners Counsel. You say this is plated on the outside? - Apparently so.

You have not taken off the outside plate to assay whether it is plated or not? - No, I have not.

Nor anybody to your knowledge? - No.

Court. This metal is plated manifestly, with a metal having the colour of silver; now the blanks found are cut out of a piece so plated, therefore they have at least the colour of silver; therefore, whether they are silver or not is totally immaterial; the cecils themselves have compleatly the colour of silver.

Mr. Garrow, another of the Prisoners Counsel. If the jury are of that opinion, to be sure there is an end of the objection.

Mr. Knowlys. You admit that this turn-bench is used in several businesses, particularly in watch-making? - The turn-bench undoubtedly is used in several businesses; but there are some things belonging to that turn-bench, that I never saw in any turn-bench before, and I have seen ten thousand; it is those two centers; turn-benches in general run on centres of their own.

Mr. Garrow. Still it is but an improved turn-bench, that is all.

Mr. Knowlys. At the time you found the turn-bench, you say there was nothing at all fixed in it? - Not to my knowledge, the turn-bench is screwed into a vice, and whatever is put in, is put between those two pieces of brass, and then it is turned round, the centres are worked between two points in common.

Mr. Garrow. For the ordinary purposes of a turn-bench; this is an improved turn-bench? - Yes, a watch-maker could not use it in this state; their's is more nice, that may turn round the sixteenth of an inch on one side.

You found nobody whatever making use of this press? - No.

Was the door open? - No.

Court. I think it seems pretty manifest from your account of the situation and manner in which the men were apprehended,

and these things found, that they had not been at work just at that time? - Not a doubt of it.

Mr. Knowlys. On William Jones , the man who came in last, you found no key? - None at all.

And that padlock key which you found on John Jones is a very common pattern? It may be so.

And you very well know that a padlock key will open almost every one? - Yes, they may.

Mr. Silvester. Was the apparatus compleat to carry on the business of coining? - Not a doubt of it.

Mr. Clark. I wish to go out of Court; I will not speak to anybody I assure you.

Mr. Garrow. I can trust you; but for the satisfaction of the prisoners, whose lives are at stake; you say you will not speak to anybody.

Mr. Clark, to the Prisoners. Gentlemen, will you trust me, I will not say anything to any person.

Prisoner John Jones . You have too much honour to do anything of the kind Mr. Clark, we are sensible.

THOMAS CARPMEAL sworn.

I went with the last witness to the prisoner Denton's house, and Jealous and Shallard, and in the parlour there was Denton and John Jones ; I searched Denton, and found this in his pocket, and there was a little key in his pocket that opened the passage door; this is a little latch key, which opened the door of the passage; I found that on Denton, I took it out of his pocket, and I found the key of a chamber door, which I gave to Mr. Clark likewise.

Court to Carpmeal. Were there two keys belonging to the passage door? - Yes, there were three keys, who one was found on, I do not know.

Mr. Garrow. Clark said it was found locked up in the bureau.

To Carpmeal. There were three keys of the same kind? - Yes, I saw three, I found nothing more upon Denton.

Did you find any thing upon John Jones ? - I did not search him; nor William Jones ; I stood by while they were searched; there was a key which I saw Jealous take out of John Jones 's pocket; after I had secured the men, I went into the front kitchen, there was a vault which I found locked with a padlock; I thought the key Jealous took from John Jones might fit this padlock, which it did, and I opened it, and I found a large stamping press fixed, with dies in it; these were the dies that were in the press, there are other dies which were in the cellar; here are some pieces of metal which were found in the cellar with the dies.

Court. These are dollars? - Some of them and some half crowns, and I found some blank sixpences.

Court. These seem to be plated? - I fancy they are silver, I have not seen them tried; in the front kitchen was a small cutting press not fixed, in a basket; in the parlour I searched the bureau, and found a quantity of bad money of different dies (handed up); I found all these in the bureau, I understand them to be counterfeit money; here are some other things that were found in the bureau likewise which Mr. Clark will explain; I found a crucible in the back garret; I was not up stairs with Mr. Clark.

Mr. Garrow. This is a very common key, such as most servants have? - Yes, it is.

This will open any latch of the same size? - Certainly.

CHARLES JEALOUS sworn.

I searched John Jones , in his waistcoat pocket I found two keys; I have tried them myself, one was the passage key, and the other the padlock key; here is the padlock of the door; in John Jones 's pocket I found these four pieces of paper, which I marked.

JOHN SHALLARD sworn.

I went to this house with Mr. Clark and the other officers, and searched William

Jones, and I found upon him this bad shilling, and a piece of metal which is broke, it appears to be part of a broken die; if you look particularly in one part of it, you will find a fleur de luce in one part of it; some good shillings, and two guineas and a half in gold.

Court to Shallard. What metal do you look upon this to be? - I am no judge of metal.

Court. It appears to be silver.

(Shewn to Mr. Clark.)

What metal do you take that to be? - I suppose it to be silver.

Mr. Silvester to Mr. Clark. Look at that money? - I should suppose them to be good shillings; four of these are counterfeit shillings, one is a blank, and the other has an impression such as they make the dies from; there is every appearance that that shilling is struck from that die; this part is not so visible.

Can you say with any degree of certainty, whether that shilling appears to be struck from that die? - I rather think it is; it is rather too much to be positive, but it has every appearance of being so, but I think it is too far for any man to swear to.

Then your evidence is this, that it has every appearance of being struck from this die, but it is going too far to swear positively? - Yes, it is; I would not swear it upon any consideration.

These are bad shillings, give me the reverse die that was in this press; can you form any judgement with respect to that? - It is almost impossible, as these sort of gentlemen work at their business, and these sort of dies are not so true as they should be; therefore you see one side may come up and the other not, in the shilling you will find one of the sides is not up.

Court. No, it is perfectly visible on both? - Then I have not seen it; I have compared the head side (looks at it by a glass), there is a singular circumstance in this, that three of the quarters of the arms are rather visible, and one seems to be weaker; these blanks were found in the garret.

What metal are they made of? - Why Sir, I have not a doubt, though it has been disputed here, but that it is plated on both sides with silver.

Court. I do not think there is much reason to doubt that.

What are these blank six-pences? - I rather think they are silver.

Court. I think in the explanation you gave of the cant word bulls; what did that signify? - Crown pieces.

Bobs you said, signified shillings? - Yes.

I fancy you are not in this case so accurate as to cant language, as to the other parts of the case; let me look at the little book now? - I never looked at it.

It cannot be as Mr. Clark has understood it to be; it is clear that this part of the evidence can have no effect, unless it is accurately explained; and it is clear that Mr. Clark has misunderstood the language used for bulls, if that has an application of the kind, that it is supposed to have; it cannot mean crowns, but must mean guineas; for here are in both the accounts, the book and the paper; one, bulls 25, and the other, bulls 25 pieces, valued at 26 l. 5 s. then there are bobs which are supposed to be shillings, 970 both in the book and in Jones's paper 970, 28 l. 5 s. 10 d. if they were shillings, it would be 48 l. 10 s. the bobs will not do for any current coin in this kingdom, it will not answer; therefore in whatever sense others have used these words, it is perfectly clear, that these people have not used them in that sense; that takes off the application, it is an account of some business, in which they do not make use of the usual language.

Mr. Garrow. It may smuggled tobacco, and obscene books, or any thing.

Court to Mr. Clark. Excepting this shilling that was found on William Jones , was there any of the base money that was found in any other part that fitted the dies that were in the standing press? - I do not know that there were; here is a blank that was found on that Jones, that apparently

was made and manufactured by the tools that were up stairs.

Mr. Garrow. An unfinished blank which might be manufactured from any other tools of the same sort.

Mr. Clark. This is it.

Court. How are you able to say that was manufactured from the tools up stairs; - It is impossible for me to say; it is edged the same, and it throws up a ridge, that where ever manufactured, it must have an instrument of that kind.

Mr. Garrow. It amounts to this; that it might be manufactured with these tools, or with some other tools of a similar sort.

Court. Yes, and it appears very clearly to have a double edge; it is clear this blank is plated metal joined at the edges.

Mr. Silvester. Is this counterfeit money? - Yes.

Court. What metal do you conceive these base metal pieces found in the cellar to be? - I look upon them to be a metal of copper and brass mixed together, but merely for trying the dies; when the dies are not level, one bears on the other, and the impression comes up stronger; therefore they take up a piece of metal to try them.

Therefore this never could be made into silver coin? - No, not as it appears to me; clearly not, as to anything that appears here.

Prisoner John Jones . If you search the key that was found in my pocket, I dare say it will not be found like the others.

Court. It is certainly a very common key.

Mr. Garrow. The same conclusion might be drawn against me very often, for I very often have such a key.

PRISONER DENTON's DEFENCE.

The presses I use in my own way of business.

What is that? - A plater of metal.

You work at that business? - I do.

How are those presses applicable to that business? - Certainly, in cutting out the heads for saddle nails, and striking them and ornaments for saddles, and various other articles of plated goods.

Mr. Garrow. We shall not trouble you with any witnesses.

The learned Judge then summed up the evidence, and observed, that in order to convict the prisoners, the jury must be satisfied of some specific act of coining.

ALL THREE, NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17890603-51

456. The said THOMAS DENTON , JOHN JONES and WILLIAM JONES were again indicted, for that they not being persons, or either of them being a person employed in, or for the mint or mints of our Lord the King, in the Tower of London or elsewhere; nor being persons, or either of them being a person lawfully authorised by the Lords Commissioners of the Treasury, or Lord High Treasurer for the time being, after the 10th of May, which was in the year of our Lord 1697; had in their custody and possession one puncheon made of certain mixed metal, in which was then and there made and impressed the figure, stamp and resemblance of the head side of a half crown, without lawful authority, then and there knowingly had in their custody and possession .

A second Count, Charging them the same day, for that they, one puncheon made of certain mixed metal, which said puncheon would then and there make and impress the figure stamp and resemblance of the head side of a half crown, without authority had in their custody and possession, against the duty of their allegiance, and against the statute.

A third Count. The same as the first, only that it would impress the figure, stamp, resemblance and similitude of the head side of a shilling.

There is a fourth Count. The same as the third; only that it would impress the figure,

stamp, resemblance and similitude of the head side of a half crown, against the duty of their allegiance, and against the statute.

Four other Counts, The same as the first four counts, only calling it a die instead of a puncheon.

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

JOHN CLARK sworn.

I went to the house of Denton on the 25th of March, at Bell-court, I saw a quantity of these puncheons in the cellar; Carpmeal took them out of the press, I call them dies, these are the same I found, I call these dies; this has the head of a shilling, this has the head of a shilling.

Court. You call them dies or puncheons? - If they were dies, the head would be reversed, the shilling is the puncheon, and that makes the die.

This which is a good shilling was made use of as a puncheon to make the die? - Not a doubt of it; these two were found in the cellar.

Court. If I recollect your evidence right, there were no dies found but in the bureau, not in the cellar? - No; the bureau Denton had the key of; and of the cellar-door Jones had the key.

Look at that half crown, would that make an an impression? - Yes it would.

Mr. Garrow. One is a good shilling, and the other is a dye which they say is produced by it.

Court. Did Jones say any thing for himself with respect to these keys that were found upon him? - Not a word.

THOMAS CARPMEAL sworn.

I searched the cellar of Denton's house, I received the key from Jealous, which I saw him take out of John Jones 's pocket, and with that key I went down and opened the padlock, and found these dyes fixed in the stamping-press.

CHARLES JEALOUS sworn.

I searched John Jones and found two keys, one of the padlock, and the other of the door in the passage, and three dollars, and some pieces of paper.

Court. You did not find any counterfeit money upon Jones? - No.

Court. Gentlemen of the Jury, there is no evidence against William Jones .

Court to Prisoner Denton. Do you wish to say any thing?

Prisoner Denton. My Lord I wish to ask Mr. Clark whether any of these puncheons, as he is pleased to call them, is capable of giving the impression or the similitude of any of the current coin of the kingdom? - Yes, I am very sure of it; I wish the Jury to try the hardness of these dyes, because it is usual for dyes to be made of steel.

Court. The act of parliament says, any puncheon, dye, pattern or mould of steel, iron, silver, or other metal or metals, or of spaud, or of fine fuller's earth, or sand, or any other materials whatever.

Mr. Garrow. Those by tuller's earth are used by fusion. [Here he submits the metal is not hard enough to make that impression.]

Court to Jury. Gentlemen of the Jury, It may say the two prisoners Thomas Denton and John Jones are indicted again for a treason of a different description; that is, they are indicted for having in their custody and possession a dye upon which was made and impressed the figure of the head-side of the lawful silver coin of this kingdom, called a half crown, without any lawful authority; there is another charge which states the same offence, only having the head-side of a shilling; upon these two counts of the said indictment the evidence is given; and it is this; that Clark went to the house for the purpose of making a search, and he found the two prisoners Thomas Denton and John Jones together in the back-parlour, and upon searching them, on Denton he found two keys, and he also saw another key taken from Denton, a third key which opened a bureau; in the bureau, the key of which Denton had, he found certain dies which are produced;

and he found also certain pieces of good coin, which he considered as patterns, for the purpose of making the impression on the dies; and he says of the dies so found in the bureau, that they had the impression of the head side of a shilling upon two of them; and they have impressions which he says appear evidently to be taken from the head-side of two of the good shillings, which he considers as the pattern; if therefore you believe that to be so, if your eye-sight confirms the opinion and observation of the witness; and if you believe that these two dies were taken, the impression upon them punched by the application of these two good pieces, these two shillings, then it will put the fact of these two dies having the similitude of the head side of a shilling out of all doubt; for the strongest of all proof is that of the similitude being taken from the shilling; if therefore you are satisfied these two dies being found in the bureau, have the head-side of the shilling which corresponds, then one part of the indictment will stand; that is, that the dies so found have upon them the similitude of the head-side of a shilling; then there are besides those found in the cellar, which is in the house of Denton; and the key at least, with which that cellar was opened, the key of that padlock was found on John Jones ; in that cellar there were found some other dies, some having upon them the resemblance of half a crown, two actually set in the stamping press, which had the resemblance of a shilling; now if you are satisfied of this, that they bore the resemblance of a shilling, then the next question is, whether these dies found in the bureau, or those found in the cellar, or either of them, were in point of fact and law, in the custody and possession of both or either of those two prisoners, Denton and John Jones ; now with respect to Denton, to before, the evidence is extremely strong, for two of these dies were found in a bureau in his house, the key of which bureau is in his own pocket; therefore they are in his own bureau locked up, with the key of it in his pocket, and in his house; it is therefore extremely difficult to suppose that he did not know that these things were in his bureau; there is, to be sure, a bare possibility that they might be put there by some other person, without his knowledge; but that is a very strained supposition; and it is not the duty of the Jury to go quite so far as that in favour of innocence, to make supposition grossly contrary to the probability of the fact. It would be certainly a strong supposition to make, that Thomas Denton did not know that these dies were in his bureau; now if you knew that, it is impossible to say, that being in the bureau of his own house, of which he had the key, they were not in his custody and possession; the evidence therefore is, if you are satisfied, first that they have the resemblance, and are satisfied that he knew they were in his bureau, having the key; that to be sure is very strong evidence against him, he knowingly having, in his possession that, which to possess is high treason. With respect to John Jones , the evidence is this; you see it was not the house of Jones that they were found in, but Jones had a key which opened the door which gave access to this place, where they were found; he had in his pocket the key of the cellar in which was the stamping-press with some dies, and in which were other dies answering: if you are satisfied that they do answer the description in the indictment; you are therefore to consider whether they were or were not in the possession of Jones as well as of Denton; they were not in his house; but he had a key which opened the door where they were; now that would be open still to another question, whether Jones knew what was in that cellar; there is no direct evidence that he had ever opened that cellar, or been in it; what he had to do with the key, if he had not, does not appear: in point of fact, he had the key of the place in which these were locked up in his possession; if while he had that key; he was a stranger to what was doingin the cellar; and it does not appear that he had ever made use of that key, nor how long he had had it; nor does it appear whether Jones did or did not lodge at the place where he said he did, there is no evidence one way or the other as to that: now as to the things found on Jones, there is no counterfeit money except dollars found on Jones; there is no counterfeit half crown nor counterfeit shilling; so that there is nothing found on Jones actually corresponding with any of these dies; these dies are produced, you will judge whether there can be any doubt that they have the similitude of the lawful coin, and then you will judge first as to Denton, and then as to Jones. There is an observation stated by the prisoner Denton upon the metal, of which these stamps is made, which he suggests is too soft to make the impression upon other metal; I doubt a little whether that observation is founded in fact; you are to judge of it, but you are to consider this also, that there is a count in the indictment stating, not that this die was capable of making the impression only; but that this die had upon it the impression: now that it had some impression there is no doubt, and you will judge that that impression, is an impression resembling the coin of this kingdom. Gentlemen, you will take the whole into your consideration; if you can find any reasonable ground to doubt, you will acquit one or both the prisoners; but you must convict one or both of them if you can find no reasonable ground to doubt.

THOMAS DENTON , JOHN JONES ,

GUILTY , Death .

WILLIAM JONES , NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17890603-52

457. ABRAHAM JACOBS was indicted for feloniously stealing, on the 24th of May last, three ewe sheep, value 40 s. and a wether lamb, value 10 s. the property of John Bennett .

And MOSES SILLITOE was indicted for feloniously receiving, on the same day, the said goods, knowing them to have been feloniously stolen .

JOHN BENNETT sworn.

I am a drover , I lost three ewe sheep and a wether lamb; I lost them on a Sunday, I was driving twenty-three score and seventeen; looking over the account we missed four, which was between two and three on Monday morning; I saw them at Mr. Sillitoe's house, he is a butcher in Kingsland-road, he is a housekeeper there; I saw them about five on the Monday, I knew them by the marks, they were all marked separately with distinct marks; one ewe was marked down the off neck, it was just sheered, and just a little stroke of oker on the back, I could swear to it by that; there were two more ewes, one marked down the head and rump, a woolled one, had not had the wool clipped off; one of the other was marked down the head and rump with red oker, the other down the head and near shoulder; I did not put on the marks, I found the sheep all whole, concealed at Sillitoe's, in his back place, where he keeps his sheep; I can swear them to be mine, I know the wether lamb; that was blued in the face, it had no other mark upon it; nothing material passed before me, I never saw them in the hands of Jacobs.

Mr. Knowlys, Prisoner's Counsel. All those sheep were your property, Mr. Bennett? - Yes.

Have you any persons concerned with you in the trade of drover? - Nobody at all.

In driving so large a stock, some of them will get astray? - No, if there was a few it might be done, but being so many together, they will keep to one another, it is impossible they should ever get away one from another; I have had two thousand together,

and never lost any of them; it is not usual, that I swear positively.

Who counted this stock? - I counted them myself; I set out from my own house, five miles from Whitechapel-church; my servant when he came to market told me that there was so many; I told them over when I came to market, I counted them when they were at home, and when they came to market; I never trust to my servants, I counted them at home on the Sunday night before they came to market.

Who set out with them? - My man set out with them, not myself; I came after them with some bullocks to market, I did not come from home till twelve, the sheep set out about eight, my man is here; I have only one man as a servant, I have others that work for me, and assist in collecting, and folding my cattle, and they did on this occasion; they did not assist in counting them, I counted them myself; they divide them and tell them over, and then I tell them over afterwards; I count them at home as they run out of the gate.

Then you pretend to say that they running through a gate, you are accurate in counting them? - Yes, there were twenty-three score and seventeen.

I believe in telling, you now and then reckon more than twenty to the score? - No, never.

You know nothing as to Jacobs? - No.

You found these in Sillitoe's premises? - Yes.

One thing, I confess, struck me a little, you said they were concealed in his place? - Yes.

Now I ask you, on your oath, whether they were in any other place than what his cattle is usually put into, which he receives as a butcher? - It was a little bit of a pound, it is paled up pretty high, that nobody can see them backwards.

Was not this cattle in the ordinary place in which he keeps his cattle in the course of his business? - I cannot say that they were in any other place.

Upon the oath you have taken, whether this cattle, which you state to have been concealed, was in any other place than that in which the man, in the fair course of his business, usually keeps his cattle? - I cannot say no otherwise, only as that place was, they were in that place.

Do you mean to state that they were concealed in any place, in which a person going to this man in the course of his business, would not expect to find cattle? - They were in a back place; I can say no otherwise.

You cannot misconceive the purport of this question; were they, or were they not in that part of his premises in which, according to the course of his trade cattle would be found? - They were adjoining to his house.

Is that an answer that an honest man would give respecting a man's liberty for fourteen years; were they or were they not, I am sure (it is a pertinent question) in that part of Sillitoe's premises, in which any person's cattle, in the course of their business, would be found? - If we had not had an idea, we could not have found them.

I put the question again? - I found them in the place where he always puts them as he tells me.

THOMAS HADEN sworn.

I am a drover, I am servant to Mr. Bennett; we brought out twenty three score and seventeen, some ewes and some lambs, my master lives against the five-mile-stone on the Rumford-road, I set out at eight on the Sunday night, I did not miss any of them on the road; after I drove them off separate, I told the lots, I did not tell them before I came to Smithfield, that was about two, or a little after, then there were three sheep and a lamb missing, they were counted by the penn-man, he is not here, they were delivered up to him about three; my master came about three; after the penn-man and I told him I wanted three sheep and a lamb, he counted them and found them missing, I took the sheep in, down in the country, every man's sheep was marked different, I cannot say how many lots there were; I saw the sheep at Sillitoe's

house a quarter before five; I was there before my master, I knew them to be our sheep by the marks, the shorn ewe was marked down the side of the neck, and touched in the back with oker.

Do you mean to be accurate as to that? - Yes; the other was marked on the off side of the neck, and touched on the back with red oker, one of the others was marked on the head with oker, and down the rump, one was sheered as I told you first; these three were all touched with red oker, two were woolled, one shorn, the lamb was blued right down the face; this Abe, the prisoner Abraham Jacobs , met me at the Globe at Mile-end; I had a ewe went very bad, and he had a dog; and I said, if you do not keep your dog away, I will knock him down; he went to Whitechapel-church, and bade me a good night; I have seen him before in the market.

Mr. Knowlys. What age are you? - About nineteen, I lived two years with my master once before, I came away, and I have lived with him about eight months; I have eight guineas a year.

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

What is the nature of an oath? - That I should not swear false, that I should not tell a lye.

Do you know who you apply to for the truth of what you say? - I know that I should say the truth, and nothing but the truth.

Who do you call to witness to that truth? - I have nobody to witness to the truth.

Who do you call to witness? - Why God.

Then do not let the fear of losing these eight guineas a year, or any thing that your master can say, induce you to tell a lye? - I would not tell a lye for twenty guineas a year, I will not be influenced by any thing, if I know it, I did not count them at home; my master told me there were twenty-three score and seventeen, I cannot tell how many sheep and how many lambs, nor no man living; I cannot tell how many different marks there were.

You lose sheep occasionally? - Yes, we do very often.

They stray you know? - They stray or are stole; they do not stray in London, they are taken away from us; I never had a lamb or sheep strayed from me in London in my life; I never had none strayed from me; I always drive them, when my master has any to drive; I had two men with me, they are not here; I was behind them and they were before me.

Of course they could give as good an account of the cattle as you can? - They were only hired men, they had not the care of the cattle; Abraham is a drover, and is employed as such by many people.

The sheep were in Sillitoe's open back yard? - There was no cover over it; it was open high pales; the people might see out of the window.

He is a butcher, is not he? - It looked more like a cook's shop, than a butcher's; there was meat there, dressed, in the window.

Was he at that time? - No, I was in the house when my master saw them.

Court. How long had your master had these lots? - We went down into the country to gather them on Saturday, and we came up on Sunday, we go first to Stanford le Hope.

Do not other people collect lots marked in the same way? - My master is the only drover in the country, there is no other drover drives for the farmers that we drive for, unless a butcher goes and buys a lot himself, then he drives them home himself.

Court to Bennet. Do the farmers in this part of the country usually employ more drovers than one? - No Sir.

Mr. Knowlys. You are a drover? - I call on Wednesdays and Thursdays.

How many counties do you call in? - Sir!

Do you know the meaning of the word county? - What, counting them over: oh! I call in one county, in Essex, at Stanford le Hope, about thirty miles from London.

How many persons do you deal with? - I suppose four or five and thirty people.

Will you undertake to swear that they do not deal with any drover but yourself? - Yes.

JOHN WOOD sworn.

I live in Kingsland-road, and as I was going home, I met a drove of beast in Whitechapel, at half past ten o'clock on Sunday night the 24th of May, and before I got out of Bishopgate-street, I met this Abraham hunting four sheep, as I thought, he was driving them from Bishopgate church to Shoreditch church; I turned back and followed him, and he hunted them through Shoreditch turnpike, and he got before the church and turned them up Kingsland-road toward Mr. Sillitoe's house, and he went and knocked at the door; Stillitoe said who is there, Abraham said one; the sheep were about a hundred yards from the house; Mr. Sillitoe came out to turn the sheep in; they ran away and were gone very near a quarter of an hour; I stopped a little bit, while they came back again; there was a light in the shop, and Mr. Sillitoe and this Abraham was following them behind; when I went back to Smithfield, I said to one Ned Langham , if you know anybody that has lost any sheep in the morning, only send them to me and I will tell them where they are; I saw one lamb, one shorn sheep, and two Dorsetshire ewes, they appeared to me to be two with wool on, and one lamb; I could not see any of the marks; in the morning I took Mr. Bennet's man and Armstrong, and we went to Sillitoe's and knocked at the door, and his wife came and said she was very bad and could not open the door for a long time; the sheep were backwards in the yard alive.

Could you form judgment enough to say whether they were the same sheep that you saw driven by Jacobs? - Yes, they were the same.

Did you see any other sheep or cattle? - No, only some pigs.

Mr. Knowlys. What are you? - A drover.

How long have you known Jacobs? - I have known him a little while in Smithfield; but never to be intimately acquainted.

He is a drover, is not he? - Yes, as far as I know, he has worked with one Jack Parr 's; I have seen him drive things, but how can I tell what he follows; I have seen him act as a drover; but not repeatedly, sometimes he is a butcher at Whitechapel; he does drive for any of the people in Whitechapel, he is turned off from Jacky Parrs.

Have you constantly worked as a drover? - Yes.

Are you acquainted with this Bennett? - Yes, he knows me very well, and with Haden, before this matter happened; he was driving them as hard as ever he could, I overtook him to see where they went in at, the man never saw me, I will be upon oath; I know he did not come by them honestly; I know they were not the kind of sheep that he drives, though I did not see the marks of them; I can tell Dorsetshire sheep by the horns or wool; it was not so dark but I could see the sheep; sometimes I was close to him, and he was on one side of the way, and I on the other.

Did you tell any watchman on the road? - No.

How many watchmen did you meet? - I cannot say; I did not tell them; I saw one; I might see more; I can swear I did not see twenty; I do not know that I saw any but this watchman in Kingsland-road.

If you had found any sheep, would not you have taken them to the person you knew? - No, I should have taken them to the Green-yard, as the proper place: a man may go for miles and miles, and not look for four sheep in a butcher's shop or cook's shop; there was the Shoreditch pound, and the key can always be found.

What reward is there now for a person who apprehends a sheep stealer? - What is that Sir, did you speak to me.

Do you mean to swear you did not hear me? - I do not know what reward there was, nor did not apprehend him on account of the reward; I do not know what reward there is for sheep stealers, I did not know there was any; I have been a drover above seven or eight years, and never heard talk that there was any reward for apprehending sheep stealers.

WILLIAM SADD sworn.

I am a watchman, at eleven o'clock last Sunday night was a week, I was sitting in my box in Kingsland-road, and I saw some sheep go by, and I noticed them; there were four, and Mr. Sillitoe came and asked me to help him in with them; he desired me to mind his door, and he would go after them; accordingly I minded it, and I saw them go into his house, he brought them up; there were four sheep went into his house, nobody else but the drover and him.

Mr. Knowlys. Sillitoe's is very near your watch stand? - Yes.

Then he who was doing a dishonest transaction, chose of all persons upon earth to ask an honest man who was keeping the peace to help him? - Yes, he did.

Did you see the witness Wood there? - Yes; he ran by me at the time.

Did Wood at that time make any application or any complaint to you about these sheep? - No, not at all; I asked Mr. Sillitoe, says I, master are they yours? he said yes, they were; and he being a housekeeper, I obeyed his orders; I had seen Wood up and down the road sometimes, he lives in the road, about two hundred yards from Sillitoe's.

I believe Sillitoe bears as good a character in the parish as any man? - I cannot say to the contrary of that; I knew him to be in the butchering line.

Court. At the time they were driven in by Sillitoe, was anybody with him? - Only the drover.

JOHN ARMSTRONG sworn.

I was called up by Wood and Mr. Bennet's man, to go to the house of Mr. Sillitoe, concerning some sheep; I knocked at the door and Mrs. Sillitoe was in bed, she answered me, the door was in about five or six minutes opened; in the back yard four sheep were found, and I think there were one or two hogs besides, they were all alive; I cannot describe the marks of the sheep; I went afterwards to apprehend the lad Jacobs in Smithfield, I took him from the room, I said I am come to take you on account of the sheep you left at the butcher's last night in Kingsland-road; says he, I left none; Mr. Bennet has the skins to produce; Sillitoe was not at home; I left word with his wife, that he must come to the justice about five or six o'clock; Mr. Sillitoe sent for Harpur and me, to let us know he was at home; I asked him how the sheep came there, and told him that he must attend the magistrate, which he did; the next day the magistrate had a multiplicity of business and did not go on this; Sillitoe was then ordered to attend again on Saturday, but Bennett chose to have a hearing on Friday; Sillitoe attended, and he was bound over by the magistrate to be a witness on this prosecution; I told him this, that the magistrate was determined to know the rights of the business, and if he had done wrong, he must answer for it, and if not, he had nothing to fear; I thought he must know the consequence; but transportation for fourteen years was not mentioned to him; the magistrate upon hearing how they found the sheep, and how Sillitoe not being at home, and being sent for and coming; he said he thought there was nothing criminal in him, and he should admit him as a witness; he never was committed, but by a certificate after Jacobs was indicted; he always said in the presence of the lad, that he left them there for the use of one Mr. Lee, and Lee was present, and he was bound over as witness: Lee was not a witness.

Can you tell me what curious hand has contrived to have a prosecution for a felony, subjecting this man to fourteen years transportation?

- I cannot tell how he was indicted, but I only know there was a certificate; the magistrate sent for me, I was at home, he asked me what I knew concerning that business; I told him how I found the sheep; for the first word the woman said to me, says she, they are not ours, but left here; I then went after the boy; the boy said he knew nothing of the sheep; but as for Sillitoe, he certainly never was in our custody one hour by warrant or otherwise, till after he was indicted.

Does not Sillitoe bear a good character? - I never knew him till this time, nor was in his house; I am constable of that very liberty where he lives, and I never knew him till this time; till he sent for me and Mr. Harper to know the business.

Have you ever heard the least charge, or the least intimation of dishonesty against this man? - I never knew him till this day; the skins are here; they were delivered to Bennet for him to kill the sheep, and he or his man has had them ever since.

Court to Bennett. Have you kept the skins? - Here is one of the skins; all the ewes were marked with red oker; one is marked head and rump, that is a woolled one; here is one that is marked down the near shoulder; this is the shorn one, marked down off the neck with red oker; this is the lamb skin, it is blued on the face.

Mr. Knowlys. Who advised you to prosecute Sillitoe? - I do not know, I took my own advice; I thought he was as much concerned as the other; I went to the magistrate and asked him for a warrant, and he granted me a warrant; I was advised by many of my friends and my masters; they said I was to blame if I did not.

Is there no person in Court who advised you to prosecute? - No Sir, only this gentleman, he said he thought we could find a bill against him.

What is that person's name? - Mr. Dalton.

Prisoner Jacobs. I leave it to my counsel.

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

Mr. Knowlys. My Lord, as to Sillitoe, I am to submit to your Lordship, that he being before the magistrate, who had a competent jurisdiction to commit or discharge, and he heard the whole evidence; he thought proper in his discretion to discharge this man, conceiving there was no evidence that could affect him in this transaction; but he bound him over to give evidence; he took his examination, he heard all the evidence he had given, and he bound him over; it was decided in the case of Mrs. Rudd, clearly, that where a person is before a magistrate, having a competent jurisdiction, clearly admitted as evidence; that they cannot be indicted for that fact, unless they have given a separate account: it was determined on that principle before the judges, that Mrs. Rudd having been examined, and having told all she knew of the transaction, could not be indicted, excepting that she varied, and on account of that variance, she was indicted; now unless they prove he gave a false account; I take it the magistrate's jurisdiction is competent.

Court. There is no examination returned from the magistrate.

Mr. Knowlys. The prisoner is not to be injured by the neglect of the justice.

Court. If you do not return his examination to me, I cannot take any notice of it.

Mr. Knowlys. There was no examination taken down; a person certifies that there was no examination; I take it the magistrate not having taken it in writing, should not prejudice this man.

Armstrong. I was present; he was bound as I tell you.

Court. Was there any examination of him taken before the magistrate? - Never, none taken in writing.

Armstrong. The magistrate asked him whether the sheep was brought there by the lad, and he said yes; then he asked me

how I found them, and I told him, and he bound him over.

Mr. Knowlys. I take it, he is not, after that to be indicted here for that offence; it clearly comes within the case of Mrs. Rudd.

Court. I am clearly of opinion it is a to be left to the jury.

Mr. Knowlys. If you think it differs from the case of Mrs. Rudd, which was solemnly argued and decided here; I am bound by that opinion; Mrs. Rudd was called before a magistrate, charged there with the fact; she there gave an account before the magistrate, which was an untrue and false one, and on that account only, the judges were of opinion that she should be indicted: here, there is no pretence that there is a variation from the truth of the story, which the man told before the magistrate; I take it he is precisely within that case.

Court. I certainly should not permit you now to examine, if there had been any examination returned, I should not permit you to examine him as to what passed before the magistrate; and you did not examine him as to that, in his original examination, and before me there is no evidence of what he said before the magistrate; if you could have made the question so as to have it saved, you could only have made it on the ground of a written examination; or on the ground of what past before the magistrate.

Mr. Knowlys. Clearly I make it on the verbal examination.

Court. I shall certainly leave it to the jury.

Prisoner Sillitoe. I leave it to my counsel.

The Prisoner Sillitoe called five witnesses who all gave him a very good character.

ABRAHAM JACOBS, GUILTY Death .

MOSES SILLITOE , GUILTY .

Transported for fourteen years .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17890603-53

458. ELIZABETH FORD was indicted for feloniously assaulting Robert Wilding , on the King's highway, on the 10th of May last, and putting him in fear, and feloniously taking from his person, and against his will, a silver watch, value 3 l. a steel chain, value 4 d. a seal, value 1 d. a key, value 1 d. his property .

ROBERT WILDING sworn.

I live in Turnmill-street, I was coming home, and my watch was taken from me in Turnmill-street, opposite Castle-street , on the 10th of May, about ten at night, or a little after; I am sure the prisoner is the woman that took it, it was a silver watch, a steel chain, and one seal, and a key; I crossed over to go on the side I lived on, and just as I got on the pavement, she gave me a blow on the breast, and twitched the watch out of my pocket, and gave it to another woman, who ran up a court, and I tried to run after her, but the prisoner held me by the coat, and scratched me; I did not know her before, I made no application to her, I never got my watch again; I took her to the watch-house, and a constable took her into custody, I did not know the other woman she gave the watch to; the prisoner never was out of my sight, she was always close within half a yard, not during all the time, till she was committed.

Was nobody near you? - No, it was about ten; there was nobody that I knew, I called to the watchman, he did not appear, there were people came, but I did not know them; one gentleman said, hold her fast, and I will go for the watchman, but he did not return.

Prisoner. Did not you pick up two girls in Turnmill-street, a tall girl, and a short one? - No, I had no girl at all with me from the time I left my wife, till I returned to her again; I live within two hundred yards of where I was robbed.

PRISONER's DEFENCE.

I was going home, this man and a girl both stood together, and I said please to

let me come by; this gentleman made answer and said, you may come by, nobody will hurt you; going about ten yards to the place where I lived, I went up stairs; I had been out ever since seven in the evening, and my fire was all gone out, I had no candle or light, I came down again to the chandler's shop, at the corner of the place to get a candle; this same man and girl were standing there again, I went into this chandler's shop for a candle, and just then I heard a noise in the street, and this man was saying he had lost his watch, and there was another girl that lived servant at the chandler's shop, came out of the shop, and he caught hold of us, and looked at us both, and run up the street again, after the girl he had been talking with; he turned up the court, he said he could not catch her, and he took me and said I was the girl that came past him; I never set sight of the man's watch in my life, I never spoke to him till now that he swore against me at the Justice's, I know no more about it, I do not indeed; he took me to the watch-house, and Mr. Bristow, the constable, came from over the way, from the Three Tuns, and he took me into custody.

Court to Prosecutor. Is this true? - No, it is the girl that took my watch, I never let her go out of my sight; I asked her at the watch-house to tell me who the other girl was; and she said no, she would go to bloody Newgate before she would tell me, and there was no other woman that I saw at the time but them two.

Prisoner. I had people here attending yesterday to give me a character, but I did not know when I should be tried.

Jury to Prosecutor. Was you perfectly sober that night? - Yes.

Where had you been at this late hour; what is your employment? - I work with Mr. Angel the bell-hanger, in Berwick-street, at this time; I was apprentice to a watch-dial-maker; I lived at Stratford when I first came to London, and I went to see an acquaintance there, and it was eight when I started from Stratford, and I walked the best way home.

Are there many women of the town that walk about that street? - I believe there are.

Why did not you put the chain of your watch in your pocket? - I did not.

How long have you lived in Turnmill-street? - About six months.

NOT GUILTY .

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

Reference Number: t17890603-54

459. JOHN HALL was indicted for stealing, on the 25th of May last, a linen shirt, value 14 d. a yard of muslin, value 4 s. the property of Edward Pipe ; a man's hat, value 2 s. the property of Robert Blake .

EDWARD PIPE sworn.

I live at the Coach and Horses at Hampstead ; on the 25th of last month I lost a linen shirt, and a yard of muslin; they were taken out of my box, near my bed-side, I am a servant at the house; I suspected the prisoner, the shirt and muslin were both together, he slept in the same room, he came away from his master's that night; I have seen him at his master's.

ROBERT BLAKE sworn.

I lost a hat the same time, I slept in the same room; there were two beds, I never got my hat; when he was taken he owned he had left it at one place and another, but we could not find it; I never saw him before, I said nothing to him.

MICHAEL MALONE sworn.

I am waiter at the Fitzroy Arms, the prisoner left a shirt and two pair of stockings with me to take care of for a day or two.

(Deposed to.)

THOMAS ARMES sworn.

I am headborough; I took charge of the

prisoner on Saturday the 30th of May, I produce the prosecutor's shirt; the prisoner said he had left the hat and a shirt at the George, but there was none there; but I found this shirt at the Fitzroy Arms; then the prisoner told me he had sold the hat for eighteen-pence, and his own hat; I received this shirt from Michael Malone .

GUILTY .

Transported for seven years .

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

Reference Number: t17890603-55

460. EDWARD SMITH was indicted for stealing, on the 9th of May last, four cloth coats, value 46 s. two pair of breeches, value 30 s. one shirt, value 1 s. a pair of stockings, value 1 s. two guineas, and a half guinea , the property of Peter Leslie .

Peter Leslie and Jonathan Redgrave called on their recognizance, and not appearing, the prisoner was ACQUITTED .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17890603-56

461. GEORGE THOMPSON was indicted for stealing, on the 25th of April last, a linen shirt, value 18 d. a pair of worsted stockings, value 6 d. a muslin handkerchief, value 6 d. the property of Joseph Cosby .

The prisoner was taken with the things upon him.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17890603-57

462. ELEANOR DICKINSON was indicted for stealing, on the 13th of May last, a silver watch, value 40 s. a seal, value 6 d. a key, value 1 d. the property of Thomas Newsham .

John Mathews and Thomas Durbridge called on their recognizances, and not appearing, their recognizances were estreated, and the prisoner was ACQUITTED .

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

Reference Number: t17890603-58

462. GEORGE WOODLAND was indicted for feloniously stealing, on the 18th of May last, one cloth box coat, value 20 s. the property of the honourable Frederick Vane , Esq.

MATHEW LAW sworn.

I am coachman to the honourable Frederick Vane; I lost a box-coat between ten and eleven in the morning, at Chelsea , from the coach-house, it was lost on the box, I saw it afterwards in the hands of the prisoner, I pursued him, and saw him throw it on the other side of the hedge; I never lost sight of him, it was a livery frock and a cocked up hat; I suppose I took him in a quarter of an hour; after I took him he begged for mercy, I had had the coat sixteen months, it was not become my property.

(The court deposed to.)

PRISONER's DEFENCE.

I picked up the coat in Chelsea College.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17890603-59

463. JOHN MARSHALL was indicted for stealing, on the 23d of May last, one cotton handkerchief, value 1 s. the property of John Orton .

JOHN ORTON sworn.

The prisoner took my handkerchief about twelve in Cornhill , I felt his hand in my pocket, I looked round, and he snatched his hand out directly, and the handkerchief in his hand; it is a cotton handkerchief, I took it from under his coat directly, and the constable came up directly and took him, and he was committed.

JAMES DARTTS sworn.

I saw Mr. Orton have hold of the prisoner, Mr. Orton had the handkerchief in his hand, he had taken it from the prisoner, and I took the handkerchief from Mr. Orton.

(The handkerchief produced and deposed to by the prosecutor.)

PRISONER's DEFENCE.

A person dropped the handkerchief under

a coach, and I took it up, and several people saw me take it up.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17890603-60

464. MARY M'GUIRE was indicted for stealing, on the 28th of May , one linen sheet, value 5 s. the property of Margaret Newton , widow .

MARGARET NEWTON sworn.

I am one of the sisters of Bartholomew's Hospital , I am responsible for every thing delivered into my care belonging to the hospital; the prisoner had been a patient in Bartholomew's Hospital , the prisoner had been discharged a twelve month, she came to see me; I missed the sheet about three minutes after she was gone, I did not recollect her, she took me by the hand, and said, how do you do?

BRIDGET SULLIVAN sworn.

I was in the hospital at the same time, I saw the prisoner come in and take Mrs. Newton by the hand, and take her to her own room; the sheet was on the bed when she came in, I saw the sheet when the pawnbroker brought it back; there was no other person there at the time but the prisoner.

JOHN BAXTER sworn.

I am a pawnbroker, I live on Snow-hill, the prisoner offered the sheet to pawn to me on the 28th of May, she said it was her own, she wanted seven shillings on it, and I stopped her; the sheet has been in Mrs. Newton's custody ever since, I am sure this is the same sheet.

THOMAS YIELDING sworn.

I am beadle of the hospital; on the 28th of May, between one and three, Mr. Cotdy on Snow-hill came to the hospital, and said a sheet had been offered to be pledged with the hospital mark on it; I went with him and saw the sheet and took charge of the prisoner, and took her to the compter, and took the sheet to Mrs. Newton, and she has had it ever since.

Court to Baxter. Was any other woman with her? - No, my lord.

To Newton. Did you receive the sheet from the pawnbroker? - No, my lord, I received it from the beadle, I have kept it ever since.

(The sheet produced and deposed to by Mrs. Newton.)

PRISONER's DEFENCE.

I did not take the sheet, I was going to buy it of a woman, and she asked me three shillings and six-pence for it, and I went to the pawnbroker's to know the value of it.

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

NOT GUILTY .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17890603-61

465. WILLIAM MULLINS was indicted for stealing, on the 10th of May, one linen handkerchief, value 10 d. the property of Thomas Winchurch .

THOMAS WINCHURCH sworn.

I lost a linen handkerchief on the 10th of May, coming down Long lane with a child in my arms; three boys stood together, I was coming by the corner of the street, and I felt something touch my pocket, I turned round and saw that young gentleman taking the handkerchief out of my

pocket, he had not taken it quite out then, and when I looked at him, he took it quite out, and went to the other two; I left the child in the street and followed them, the prisoner went up the Barley-mow-passage, I followed him and took him in the Barley-mow public-house.

Did you see his face when he took the handkerchief? - No, I lost sight of him in turning the corner, it was about one hundred yards from the place where he robbed me, where I took him; it was dusk, I could not tell the colour of his coat; I knew the handkerchief again, he had just dropped it when I took him, and I picked it up; I saw him drop it; the constable has had the handkerchief ever since.

THOMAS DEMSEY sworn.

I was sent for to take charge of the prisoner; I have had the handkerchief ever since.

(Produced.)

Prosecutor. I cannot swear it is mine, here is no mark on it; there may be others like it.

Demsey. The prosecutor told me he took it out of the prisoner's hand.

Prosecutor. I took it up directly as he dropped it; he had it in his hand when I took hold of him.

PRISONER.

I wish my father to be called.

The PRISONER's FATHER sworn.

The prosecutor took a note of hand for one guinea of one Charles Peake , a cock-founder, in Fleet-lane, not to carry on this prosecution; he was offered a guinea, but would not take it; he said he would have a note of hand; I am a porter, I support my son, he lives with me; I have got him two or three places, and he did not stay.

Winchurch. I tore the note directly, I told them I would not take the note nor the money; they put the guinea down two or three times, I would not take it; they came after me several times to my house, and took me from my work, but I would not take it; I don't know the man who signed the note.

CHARLES PEAKE sworn.

I gave a note to the prosecutor, and he put it in his pocket; he said he would discharge the boy if he was paid the expences; I told him, on the father's account, I would pay the expences; I went and fetched a guinea, and he refused to take it, and said he would not take it, till the boy was discharged, for he could not swear to the handkerchief, and he would be acquitted. The note was for a guinea; the prosecutor would have it on a stamp, and he put it in his pocket.

Winchurch. I tore it, but not in his presence; I tore it after they went out, they were behind me.

NOT GUILTY .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17890603-62

466. DANIEL CALLAGAN was indicted for stealing, on the 25th of April , ten pounds weight of bell metal, value 4 s. the property of John Warner .

THOMAS WALTER sworn.

I am servant to Mr. Warner, he is a founder , he brought up some metal out of the cellar that had been concealed; it was pot metal.

It is the same as bell metal? - Yes, by some people, but not by us; one is hard and the other is soft; I marked the metal with three parts of a W.

Mr. Garrow, Prisoner's Counsel. Which is most valuable, bell metal or pot metal? - Bell metal.

Can you make bell metal out of this? - Certainly not; I think no person who knew what bell metal was, would take this for bell metal, one is hard and the other soft.

Court. There is an end of this indictment.

NOT GUILTY .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17890603-63

467. SAMUEL LEWINGTON was indicted for stealing, on the 6th of May last, two silk purses, value 2 s. and one canvas bag, value 1 d. the property of James Suddens and Hannah Greene .

JAMES SUDDENS sworn.

I am a haberdasher in Newgate-street , the prisoner was my servant ; my partner's name is Hannah Greene ; I found the two purses on the prisoner; he was a shop boy, having lost several times goods to a considerable amount; I suspected him, I found one shilling upon him; when I came down I found a marked shilling was gone; I saw him examined, and the money and purses were found upon him; I found two silk purses and a canvas bag, and two shillings and six-pence which he acknowledged to have taken; the silk purses were in his handkerchief tied round his neck; I told him considering his youth, I would make every allowance I possibly could for him.

Court. Then that is nothing.

Suddens. I cannot swear to the purses, or the canvas bag; I can only swear to the shilling which is marked, the constable has had the possession of it ever since; they were two very small strokes nearly together; I examined the till immediately as I came down stairs, and one shilling was missing; he came to me the 11th of April, I took him from a very respectable character; the money and purses were the joint property of me and Mrs. Greene.

SAMUEL ROBERTS sworn.

The prisoner threw these purses out of his neck, and I took the money out of his pocket; here is six shillings and three sixpences with the shilling that was marked; the prosecutor said it would be better for him, he acknowleged he changed a half crown at the pastry-cook's.

(The money deposed to by two small strokes on the edge of the shilling.)

Court to Prosecutor. You told me that three shillings and sixpence was taken from the prisoner? - Yes, I do not know the exact amount of the money taken from the him.

Prisoner. The money was my own.

The prisoner called two witnesses to his character.

GUILTY, Of stealing 1 s. only .

Privately whipped , and discharged.

Recommended by the Prosecutor and Jury.

Tried by the London Jury before Mr. ROSE.

Reference Number: t17890603-64

468. JAMES LANGLEY was indicted for stealing, on the 25th of April , twenty-nine pounds of iron nails , the property of Benjamin Good .

BENJAMIN GOOD sworn.

I am a tire-smith .

Court. Did you in April last lose any nails? - I believe I did. On the 25th of April I was called on by the watchman, he asked me if I had sent a man out with any nails; he said he had stopped a man on Snow-hill with some, and that he said he had them from me; I went with the patrol to the watch-house and saw the nails; they are my property, they were taken from the prisoner by the patrol; I asked the officer of the night if he had searched him, and he said no, I desired him to search him, and twenty-seven nails were found in his pocket: the prisoner had worked with me eighteen months or thereabouts; but I discharged him before Christmas; I asked him if anybody was concerned with him; and he said no.

RICHARD WILLEY sworn.

I am patrol, I stopped this man on Snow-hill, on the 25th of April; I had suspicion, and asked him where he was going, and he said to Weston's Park, near Lincolns Inn Fields, to a coach-makers, and he said the tire was gone the day before; I told him he must go with me to the watch-house; he said he got up to the top of the place and took the tiles off and got in; and we went and found it was so.

SAMUL ROBERTS sworn.

On the 25th of April, the patrol brought this man to the watch-house with these nails; I asked him where he brought them from, and he said he had them of the prosecutor; I sent the patrol for the prosecutor, and he came and said he had been robbed, and that he had not employed the prisoner to carry these nails; he begged for mercy.

PRISONER's DEFENCE.

I am not guilty.

The prisoner called two witnesses to his character.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17890603-65

469. ISAAC MATCHAM alias BALCHAM was indicted for stealing, on the 12th of May last, one pewter quart pot, value 18 d. and two pewter half pint pots, value 1 s. the property of Thomas Pearson .

THOMAS PEARSON sworn.

The morning that the pots were missing, they were brought to me (deposed to) they were taken from the prisoner.

PRISONER's DEFENCE.

I had been out of business a great while, and in great distress, I had a wife and child almost starving for bread; I never was guilty of anything before.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17890603-66

470. JOHN MERRYMAN and WILLIAM PICKERING were indicted for feloniously breaking and entering the dwelling house of Patrick Neale , about the hour of three o'clock in the afternoon, on the 6th of May last, no person being therein, and feloniously stealing, a feather bed, value 20 s. a bolster, value 4 s. a cotton bed quilt, value 1 s. a blanket, value 2 s. a stove, value 12 s. a tea-board, value 1 s. and a looking glass with a wooden frame, value 1 s. his property .

The witnesses examined separate.

PATRICK NEALE sworn.

I am a house-keeper in Spicer-street, Spital-fields ; my family consists of me and my wife; I live at Esquire Cope's, in Osborne-street, Whitechapel, and I sleep there at nights; on the 5th of May, I was at my master's, and I had been at my own house at ten o'clock at night, I left my wife there; on the next day the 6th of May, my wife came to me about three o'clock, giving notice of an alarm, as if somebody wanted to break into the place; I desired her to alarm the place, for I could not come out, being a yearly servant; through the means of that fright, she is out of her mind, and is now at St. Luke's; when I came there, which was about four o'clock in the afternoon the next day, I found the staples of the front door and the lock strained a little, forced out of the place.

CATHERINE QUIN sworn.

I know nothing about the breaking,

only I know the property to be theirs, they are in the Court.

JAMES SHAKESHAFT sworn.

I am an officer, I have a bed, a stove, a looking glass, and a tea-board, a bolster, a quilt, and a blanket; we took them out of the lodgings of the prisoner Pickering, we took the two prisoners together, the 6th of May, about four o'clock in the morning, and brought the prisoners to the magistrates, and Pickering there was shewn the things, and owned them to be his.

JOHN ARMSTONG sworn.

I have a looking glass and a tea-board, which I found in a room; the prisoner Pickering afterwards owned the goods in the same room with the bed and other things.

Court. There seems to be no foundation for the capital part of the charge.

JAMES ROCHE sworn.

Shall I tell it from the first part of it.

Court. You are an accomplice? - Sir?

Mr. Garrow, Prisoners Counsel. You are a thief? - Yes, Sir.

Court. You went out with the prisoners? - Yes, we was at the Black Bull, in Thomas's-street, and we set out at eleven o'clock, with intent to go out, and some said they would go home, and some said they would go and get some lead; we got some lead coming back; we came to another place, and got some more lead, we carried it to one John Wright 's house, we shoved at the door; the door flew open, we went back, and in going back we saw a woman coming out of her house, she went down Spital-street, right facing her door where she lived in Spicer-street; William Price was with us, John Merryman , William Pickering and me; Price shoved against the door, the door went open, we soon followed him in, and went and got a bed and some bedding, and a looking glass, and a tea-board, and a stove; we saw nobody in the house.

Was the door fast? - I really cannot tell, Price went to the door and pushed, and it opened; we stood at the corner of the alley, I followed him; Price took the bed on his back and carried it to Pickering's house; and we took the stove and tea-board and things to Pickering's house; the things were not sold, and some constables came to the door and stopped us, and when we came back they took Merryman and Pickering, Price was not in the house at the time; some time after they took me.

Mr. Garrow. How soon did they take you my honest friend? - In about an hour.

Where did they find you? - At the top of the house in the loft, at the top of Wright's house.

Wright is an old hand at this trade? - I do not know, I never was at his house before, and then I went to buy a pound of lead for my trade; and I never was a thieving before in my life.

Can you swear that? - Yes, I will swear it.

Will you swear that you never was a thieving before? - I will swear that I never was a thieving before in that there fact, never before.

Mr. Garrow. Aye, in that there fact; now who have you worked for lately? - For Mr. Brewer, and Mr. Carter and Peake; at this time I did work for Mr. Jennings.

Will you swear that you worked at the time you committed this fact? - I did not work for them at this time, I worked for them two days before; I worked for Mr. Dearing, he lives in Grey Eagle-street.

What have you done for him? - I made him a six-penny mould for him; I did not carry it home, I worked journeyman's work at one of the journeyman's house, at Mr. Dearing's house, Dearing is a journeyman.

How many jobs of lead have you done? - We took two this same night.

Did you know Mr. Wright before? - I have seen him in his shop.

Do not you know that Wright is a notorious receiver of stolen goods? - I know it now.

Where did you come from? - I came from Clerkenwell.

How long have you been there? - I cannot justly tell how long I have been there; I have not kept an account, I do not know rightly, a little better than a month as nigh as I can recollect.

How came you to find your way into the loft, if you had not been in Wright's house before? - Because I ran up frighted, there was a way broke open, I could not miss it.

That was into the plant, was not it? - I do not know.

Where is Mr. Wright's plant? - I do know.

Upon your oath, is not that the plant? - I cannot tell.

You know what I mean? - Yes, any one knows what is meant by that.

There are very few honest men in Court that know beside myself, what is a plant my honest friend? - I suppose you mean putting things away.

Catharine Quin called up again.

Court. You have come to prove that this property which was found in Pickering's lodging, was the property of Neal? - I am the prosecutor's wife's sister; I was there the Monday evening before; I know the bed, the tea-board, the glass, the stove, the bolster, the quilt, and the blanket; there is a bit out of the tea-board, which I observed many times; there are two patches on the bed, which I put upon it myself, one of the bolsters is broke very much, which I; knew all these things were the property of Patrick Neal .

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

JOHN MERRYMAN , WILLIAM PICKERING ,

GUILTY, Death.

Mr. Garrow. My Lord, before the verdict is recorded, as to the capital part of the charge, there is no evidence whatever besides that of the accomplice; early in the case your lordship intimated an opinion, that as to the capital part of the charge it was then done away; in consequence of that a great deal of the evidence was not entered into, and the situation of the case rests quite in doubt, except as to the evidence of the accomplice; because the poor poor woman is not here to give any evidence on the subject, and the evidence of the accomplice negatives it: the probability is that this poor woman, either really being annoyed, or fancying that she was annoyed, ran out of the house; and left the door open; and in a case where the lives of two men are concerned, your lordship will forgive me when I suggest, that this probability, that the wife had really gone out, leaving the house insecure: then supposing your lordship would resort to the evidence of the accomplice, on which your lordship made all those humane, and strong and sensible observations, which all Judges make, taking it on his evidence, it amounts to this, that one of the thieves came to the door, he pushed against it, and that he broke it open; he did not apply any crow to it, he did not apply any false key; no, he pushed against it, and he entered: taking it on the evidence of this accomplice unconfirmed, it stands perfectly in doubt, whether this poor woman had not left her door open; and in such a case, always bowing (as I am sure it is my duty to do) to the authority of the Bench, and to the judgment of the Jury, who I know will always remember mercy is the predominent feature in every verdict, and that it is what your lordship kept in view, particularly in your charge on this trial, I took the liberty to make this suggestion, in order that the Jury, if they see fit, might mitigate this case, and not find these two men guilty of an offence, of which it seems to me there is no evidence; I am to intreat pardon for this, and I know I shall very readily obtain it in a case in which the capital part of the charge seemed to be so much abandoned.

Court. I am extremely obliged to Mr. Garrow for taking the trouble of making these observations to the Court. Gentlemen, if you can see any reason to vary that

verdict you have found, it is always my wish that mercy may be mixed with the exercise of justice: as soon as Patrick Neale had began his evidence, I did observe there was an end of the capital part of the case; had the man's wife been here, her testimony alone would have supported it; therefore I thought it was unnecessary to proceed any further on that examination; but on the further investigation of the business, finding that evidence was given of that circumstance from the accomplice, then I should have been glad that the prosecutor had been further examined, with respect to any thing he could have said on that subject; though I think he could not have carried his testimony any further than he did, which was, that when he came to the house at four in the afternoon the next day, he found the staple of the street-door had been forced out; he also found the house in that situation in which the woman could not have left it; that coupled with the testimony of the accomplice, I thought it sufficient to leave it to you; so that the testimony of the accomplice did not stand singly by itself, I thought it my duty to leave it to your judgment: now gentlemen, with respect to this case, as to the evidence of an accomplice, the Judges have lately had before them, in order to consider a case tried by Mr. Justice Buller, whether a person could be convicted on the evidence of an accomplice only, for there was no other witness; he respited the sentence, in order to take the opinion of all the Judges, whether or no that person was properly convicted; I was present as one of the Judges, and they were all unanimously of opinion, that, an accomplice is a competent witness to be received, but his credit is to be left to the Jury; and where a person appears under such circumstances, in order to purchase his own life, by giving testimony against those that are on their trial, Juries do not give credit to his testimony, unless it is confirmed; but I do not say in every circumstance; for though that person's testimony is to be confirmed by the testimony of other witnesses, yet if it is confirmed in the material parts of it, that gives it a credit: now this man's testimony has been confirmed with respect to the things found in Pickering's lodgings; and in my apprehension it gives a credit to him; but that credit, how far it will extend, is for your consideration, it is not for the consideration of the Court; but it is not to be narrowed, as the learned Counsel mentions. In my apprehension the accomplice's testimony he gave in the natural story of that transaction was confirmatory of the other testimony; and my wish would have been that you should have found them guilty of the felony, and not of the capital part of the charge; but it is your province and not mine; it is my duty to make such observations to you, as may assist you to form your judgment: if you agree with them you adopt them, if not you reject them; it is your province to decide and not the Judge's: my wishes were that you would have found them guilty of the felony only.

Mr. Garrow. It is not too late, the verdict is not recorded.

Jury. My lord, it was the general wish of the Jury to leave the capital part out, but their doubts arose whether they had power.

Court. Certainly you have power, it is entirely in your province; and really in a case so circumstanced as this is, with respect to Merryman, my wish was that you would have acquitted him totally, because there was no evidence against him but from the accomplice only, and I so pointed it out to you.

Mr. Garrow. Gentlemen, the verdict is not yet recorded, and I am sure it will reflect no discredit on the Jury to alter their verdict, particularly after the humane observations from the learned Judge.

Clerk of the Arraigns. Consider your verdict, gentlemen.

JOHN MERRYMAN , WILLIAM PICKERING,

GUILTY, 4 s. 10 d.

Transported for seven years .

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

Reference Number: t17890603-67

471. JACOB CANTER , otherwise JOAN RHODE, otherwise RICHTER , was indicted, for that he, on the 23d of September last, feloniously did falsely make, forge and counterfeit, and cause and procure to be falsely made, forged and counterfeited; and did willingly act and assist in the false making, forging and counterfeiting, a certain order for payment of money, dated the 22d of September, 1788, with the name John Moore thereto subscribed, purporting to have been signed by John Moore , of London, refinery and directed to George Prescott , Esq. and others, of London, bankers and partners, by the names and description of Mess. Prescotts, and Co. for payment of 700 l. which said false, forged and counterfeited order, for payment of money, is in the words and figures following, that is to say,

"No. 1919,

"September the 22d, 1788; Mess. Prescotts,

"Grotes, Culverden, and Hollings-worth,

"pay No. 1919, or bearer, 700 l.

" John Moore ," with intention to defraud the said Mess. Prescotts , Grotes , Culverden , and Hollingsworth .

A second count, for uttering the same knowing it to be forged, with the like intention.

A third and fourth counts, the same as the first and second, only with intention to defraud the said John Moore .

Court to Prisoner. Do you wish to be tried by an English Jury, or a Jury of half foreigners and half English?

Prisoner. By an English Jury, my lord.

The witnesses examined separate.

The indictment opened by Mr. Knapp.

The case by Mr. Garrow, as follows:

Gentlemen of the Jury, you have collected from my learned friend the charge against the prisoner, which is, that he has forged, or uttered knowing it to be forged, a draught dated on the 22d of September, 1788, being an order for the payment of money to the amount of 700 l. Gentlemen, when I have the honour of addressing myself to a London Jury in this place, I feel it to be quite unnececessary for me, to make any general observation, on the subject of the crime of forgery, or at any length to call for the attention of a Jury in this commercial city, to a subject in which the interest of the Public are so deeply involved: we know you will not let slip any circumstance which may tend to induce a fair and honest, and conscientious conviction of the guilt of the prisoner; on the other hand, if from any circumstance, more satisfaction might be derived from his acquittal, we know, that however small that circumstance may be, tending to acquit one of your fellow citizens, it will have its full weight, and make a due impression on your minds. Gentlemen, I proceeed to state, as shortly as I am able, the circumstances from which, we, on the part of the prosecution, expect that you may fairly infer the guilt of the prisoner at the bar. Gentlemen, it will be very necessary that you should attend to make some memorandums of the dates of the particular transactions, because you will have but too much reason to observe, that this which constitutes but one of the many depredations on the property of the banking-houses of this great city, is the result of great deliberation, of much caution, and of a settled system. Gentlemen, the prisoner on the 3d of September, applied at the house of Mr. Moore, whose draught this purports to be, and sold him some light gold, the amount of it was forty-two pounds; and the person who bought it of him, was about to pay him by bank notes, but the prisoner desired to have the checque of Mr. Moore, instead of bank-notes; the inference appears to be but too clear; it is not an ordinary thing for a man to prefer

to have the private cheque of any body to a bank-note, for which he has the security of the public, and the whole security of the Bank of England: on the 4th of September the prisoner went to the house of Mess. Grotes and Co. Mr. Moore drew on printed checques, which it is only necessary to fill up the name of the banker to whom it is addressed, and several other particulars of the cheque are already printed; having possessed himself on the 3d of September, with Mr. Moore's character of hand-writing, and with one of the cheques of his banker, on the 4th he went to the banking-house to open an account with them; you know by that, that he becomes possessed of a certain number of those cheques; he has them to make an honest use of; if a bad man, and wants them for any other purpose, he still is provided with the means of drawing on that house. When the prisoner opened an account there, by the name of Joan Rhode , and paid in 100 l. the manner in which he paid it in, the sums of which it was constituted, will be fit for your attention; the draft he received of Mr. Moore the preceding day, was part of the sum; there was a bank-note for 50 l. and 8 l. in cash, making together 100 l. He entered his name as usual in the banker's book, and had some cheques; the clerk in the house, for reasons he will explain to you, if material, from an account opened by a stranger, without any recommendation, an account of 100 l. an account opened by a foreigner, induced him to suspect him; therefore he will tell you he gave him but a very small quantity of cheques; on the 15th of the same month he went again to Mr. Moore, where he sold more gold, to the amount of 45 l. 15 s. 3 d. he there again was offered cash or bank notes for the amount; he again declined, and desired a draft; he had a draft for 40 l. and the rest in cash. I have now stated to you three days, the 3d, the 4th, and the 15th of September; but there is an intermediate day well worthy your attention; that is the 8th of September, upon which 8th the prisoner drew on the house of Mess. Prescotts, and Co. for 55 l. and on the 9th for 40 payable to himself; and on the 16th, the day after he made his second sale to Mr. Moore, and procured his second draft, he drew out the 5 l. remaining: by the 16th he had no longer any money remaining in their hand. It will be for you to judge what induced him to open an account for 100 l. on the 4th, and on the 16th to draw it out. Gentlemen, on the 23d of September, about a week after, a man of the name of Morris, presented to that house a draft, purporting to be Mr. Moore's draft for 700 l. The character of the hand-writing was extremely well imitated; but it occurred to the clerk to whom it was presented, first that Mr. Moore had not cash for so much; next, that he had never in the course of his dealings drawn for so large a sum, upon which Morris was applied to, to know from whom he had received it; he said from a foreign gentleman, at Grays-Inn Coffee-house; for whom he had done several things of the same sort, and for whom he had already been to the banking house of Mr. Prescott; and if they would go with him, he would show him to them; if Morris is believed, there is no possibility of doubt, there is no chance, by which the most humane, the most incredulous Jury men, the most disposed to acquit, can for one moment hesitate about the guilt of the prisoner; therefore it is for you to attend to the character of Morris, and to the manner in which he will give his evidence; it is with that view, I shall be particular in stating what he did on the occasion; one of the partners in Mr. Prescott's house, agrees to go to Mr. Moore, and to be informed by him, whether this was a genuine draft; another person, either a clerk or a partner, was to go with Morris, when they came there, the prisoner was not there; on enquiring of the master of the coffee-house and the waiter, it was found that he had been there, that Morris the witness had been employed; in short Morris was, as he will be to day, mostcompleatly confirmed; it appeared then that there was an additional reason for the prisoner having procured) supposing him to be this bad man) that there was an additional reason for his procuring one or more of those drafts; for it will appear he sent them by Morris, so that Morris became known at the banking-house; Morris became stripped of every doubt as to the employment he was engaging in; he sends the genuine draft of Mr. Moore by Morris, he sends his own draft by Morris, therefore Morris becomes known at the banking-house, and had a reason to believe the man was acting fairly and honestly; and it will appear that whenever a genuine draft was presented at the banking-house, the prisoner waited in the coffee-room to receive it; there he took the money; but upon other occasions, where possibly there might be reasons to suspect that Morris did not come back alone, upon any other occasion upon which Morris had been successful, which does not turn out to be a true one, he did not continue in the coffee-room, but at a little distance; where perhaps the fair inference is, that he might have an opportunity of seeing whether he came alone or had some unpleasant companion with him: information was given at Bow-street, advertisements were immediately published, and every attempt that could be thought of to apprehend him; it was not however, till a considerable time afterwards the prisoner was taken into custody; when he was taken, Morris was applied to; he was taken in disguise, he was taken under circumstances, that the witnesses will tell you the moment that Morris saw him in company with a great many other persons, he said, that is the man that gave me the draft, but he is not in the same dress; he described with great particularity the dress that the prisoner wore, and I shall shew you that was his dress when he first opened his account, that it is precisely the same dress that Morris has uniformly described; I shall prove that the prisoner lived in Gravel-street, in the neighbourhood of Grays-Inn Coffee-house; I shall prove by the master of that coffee-house, I shall prove by the waiter, that at the first time the prisoner desired to have a porter (the house generally have a porter of their own), he expressly desired that it might not be the porter of the house, but a ticket porter, upon which Morris was called from his stand in Grays-Inn, and was applied to by the prisoner; I shall prove that the prisoner, who lived in Gravel-street, and who had agreed for the lodging for a time considerably longer than the time at which he left it; left it on a sudden, left it at the precise time in which it was important that the man who had delivered to Morris this forged draft should abscond; I shall prove he never was seen there again; I shall prove whilst he was there, a great number of persons resorted to him, many of them Jews; I shall produce porters belonging to different inns of Court; I shall after prove his absconding from those lodgings; that very coat described by Morris, I shall prove, was left by the prisoner, together with some other unimportant articles, at the lodgings in Gravel-street; then I shall prove to you beyond all question, that on the 3d of September, the prisoner possessed himself of the genuine draft of Mr. Moore, that on the 4th of September, he opened an account, possessed himself of the cheques, therefore was enabled to draw upon them correctly; that upon the 8th, 9th, and 16th, he exhausted all the money he had at Prescott's; that on the 15th he obtained a new draft; that on the 23d he presented that forged draft in question; the remaining enquiry is only this; whether you sitting there as conscientious men, can safely say you can trust to the story that Morris tells; Morris himself has never been charged or suspected to have been an accomplice in the guilt; Morris was never in custody, Morris comes here to transfer no guilt from himself to another; but merely to state that in his usual occupation of a ticket porter, he had been employed by the prisoner at the bar; if his character should be impeached, I have witnesses of character and credit to thatpoint; but I shall shew you by the master and waiter of the house, that he was sent for by the prisoner at the bar, on several occasions to this coffee-room, they will likewise recollect the circumstance of his sometimes waiting till Morris came back, and I am afraid you will have no doubt about the guilt of the prisoner; I mean by that only, that I feel in common, with you and every body, great anxiety and great reluctance that any man should be found guilty of an offence, the consequence of which I am afraid must be the loss of his life; but you owe a great duty to the publick, and if you believe him guilty on the evidence, it is your bounden duty to pronounce him so, if on the contrary, you have any fair reason to doubt about his guilt, or if you have any fair suspicion of the story that Morris will tell you; God forbid you should pronounce him guilty; and I am sure that great body of persons the bankers, for whom I am concerned, have not a wish for his conviction, if any circumstance appears, on which any reasonable, thinking, sober man can for one moment entertain a serious doubt.

Court. This prisoner has been ill in the gaol has not he? - Yes, my Lord.

Court. Let him have a chair.

JAMES HENRY MOORE sworn.

I live in Silver-street, Wood-street.

Are you in partnership with your father? - Yes.

Mr. Garrow. Was you present at the time this draft was drawn? - Yes.

Have you a fixed salary, or does your income depend on the profits and loss of trade? - No, I have a fixed salary.

Prisoner's Counsel. You have just told me you are in partnership with your father if I understood you right? - Yes.

And you was in partnership with him in September last? - Yes.

What share have you in the business?

Mr. Akerman. My Lord, the prisoner requires an interpreter.

Court. What countryman are you? - A German.

Prisoner's Counsel. If I understand you right, you are in partnership with Mr. John Moore who is your father, he is a refiner? - Yes.

Have you a share of some part of the business? - No Sir, I have not, I have only a fixed salary, my name is in the firm of the house, but I have a fixed salary.

Court. Then he is liable to the payment of the partnership debts.

Prisoner's Counsel. This was drawn at the time of the partnership between your father and you? - Yes.

This was sold to the partnership? - Yes.

Court. I take him as a partner.

Prisoner's Counsel. Then he comes here to prove it was not a draft of his and his father's.

Court. This is not a partnership draft, the partnership draft was paid.

Mr. Garrow. This was a private draft of John Moore .

(An interpreter appointed to repeat the evidence to the Prisoner, but not to the Jury, being by the Prisoner's desire, and need not be sworn.)

Court. Let the interpreter stand by the prisoner and tell him what passed.

James Henry Moore . I remember buying some gold on the 3d of September last, of a person.

Do you know that person? - I am not clear I should know him again.

Look round the Court and see? - The prisoner is very much like him, but I could not venture to swear to him.

Do you believe he is the person from the view you had of him the 3d of September? - He has every appearance of the person, I think he is.

What quantity of gold did you buy of him? - From ten to twelve ounces; we gave him a draft of 42 l. on Messrs. Prescott and Co. the draft was drawn by John Moore only; I recollect nothing more.

Had you any conversation with that man? - We had the conversation of offering him bank notes, and he chose in preference a draft; that was not on the first

time, but at the second time; on the 15th of September a person brought some more light gold; it was the same person, we offered him bank notes, and we paid him a draft, and 3 l. in cash; he desired a draft of 40 l. in preference, on Messrs. Prescott and Co.

Did you give him a draft? - I did.

On Mr. Prescott? - Yes.

Was that a draft on Mr. John Moore ? - Yes, singly.

What was the amount of the draft? - 40 l. and about 3 l. in money besides.

Prisoner's Counsel. I think you say that you do not know the person again, that is, you will not venture to swear to the person? - No, I cannot swear to the prisoner.

These drafts, if they were given, who were they signed by? - By John Moore , they were left out blank drafts on purpose for me to pay.

JOSEPH IFGRAVE sworn.

I lived with Messrs. Moore, at the time of this transaction.

Do you remember on the 3d of September last, any person coming there to sell light gold? - Yes, I do.

Do you remember who that person was? - I believe I should know him.

Look round and tell us if you see him? - I have no doubt but this is the person; Mr. James Henry Moore was there at the time.

What conversation passed? - There was no particular conversation passed, when he came he sold gold to the amount of 42 l. for which he was paid a draft of 42 l. 0 s. 2 d. in cash, this was on the 3 d; I saw no more of him till the 15th; the same person came again on the 15th; he then sold gold to the amount of 45 l. 15 s. 3 d. for which he was paid, Mr. Moore junior asked him how he would be paid, and he said he would have a draft, and speaking bad English, Mr. Moore thought he said dirty, when it was first given to him, he said no, he wanted a draft for forty, speaking bad English; he was asked whether he would be paid by draft or bank notes, he said he would be paid by a draft, and he was so paid; that was the draft of Mr. John Moore .

Have you any recollection of the dress of the prisoner, either on the 3d or the 15th? - He was dressed in a light coloured coat, and his hat was flapped over his face, a cocked hat; I had sufficient opportunities to swear to him, I have no doubt at all; I did not see him till he came to Bow-street, which was at the distance of some months; I knew him again as soon as I saw him, he was not pointed out to me any otherwise, than I was in the room when he came, and there was a whisper that was the man.

Prisoner's Counsel. I suppose he spoke very bad English; - Very bad, we could scarcely understand him, when we asked him how he would be paid, whether in bank or a draft, he said, a draft, nothing particular past the first time, nor the second, nothing, except the alteration of the draft.

It did not take up long weighing these ounces of gold? - No, I never saw him before.

Many people were there that day? - I believe there was.

Both of the days? - No doubt of it.

Now as such number of people came that day, what was there particular in this man you never saw before? - No, only that he came up in a particular manner, he had a canvas bag in his hand, it was the conversation that past, and the alteration of the draft; the draft was for 40 l. the sum paid was 1 l. 15 s. 3 d.

JOHN WOODHOUSE sworn.

(Examined by Mr. Knapp.)

I am Clerk in the house of Messrs. Prescott and Co.

What was the firm of that house in September? - George Prescott , George William Prescott , Andrew Grotes , George Grotes , William Culverden , and John Hollingsworth .

Do you remember anybody particularly

coming to your house the 4th of Septemtember? - Yes I remember the prisoner.

Do you recollect what he came to your house for? - Yes, he came to open an account with us for 100 l. which consisted of a draft drawn by John Moore of 42 l. a 50 l. bank-note and 8 l. in cash.

Did he give you any description of himself that time? - I asked him if he was recommended by anybody to the house, and he said no, he was recommended by nobody; upon which I wrote 100 l. into a small book. and gave him a very few cheques.

Did he tell you what his name was? - He said his name was Johan Rode ; I entered that name in his book.

At any time subsequent to this, did he draw out any of this money out of your house, and when? - Yes, at three different drafts, on the 8th of September, for 55 l. on the 9th he drew one for 40 l.

Court. Did you see him write at the time he opened the account? - Yes I did, on the 16th he drew for 5 l. that was the amount of the whole hundred.

Was there any other draft that you recollect? - That finished the whole transaction.

Have you a draft for 700 l.? - Yes, (produces it.) I received this on the 23d of December, I received this from one Morris; I did not pay it, I asked him in what manner he chose to have it, he said 500 l. in bank-notes, and 200 l. in money, which is a larger sum than we usually paid money; I hesitated to pay it, I went to Grays-Inn Coffee-house with Morris and waited there some time.

Was the prisoner there? - No.

At this time had Mr. Moore in your books to the amount of 700 l. - No, he had not.

Are you perfectly satisfied that the prisoner is the man that opened the account? - I am perfectly satisfied of that.

Prisoner's Counsel. What sort of a hand did the prisoner write? - Not a very good one, I can shew you one cheque; I never see the prisoner before, nor till I saw him at Bow-street.

Court. Did you pay these three drafts? - I paid this 55 l.

Who did you pay it to? - I cannot recollect that it was Morris, but from a collateral circumstance, of which I was reminded by Morris after, I do recollect that when the 55 l. was paid, I referred to the book and examined the hand writing, and seeing it agreed I paid the draft.

Court. Then you recollect that that circumstance happened? - Yes.

Then that recollection leads you to believe what Morris told you to be so? - Yes.

Have you now, independent of what Morris told you, have you a personal recollection who you paid that to? - No, I cannot say.

Prisoner's Counsel. I believe you always do when it is a new customer? - Yes.

Mr. Garrow. You remembered it as soon as it was told you by Morris? - Yes.

Prisoner's Counsel. You took Morris into custody immediately? - I went with Morris and held him.

Then Morris knew that you had hold of him on a suspicion that it was forged? - Yes.

Mr. Garrow. What did you do with Morris? - I went with him to Grays Inn Coffee-house, not in custody of any officer, I waited there for some time; after I had waited best part of an hour, we called this Morris in, Morris staid at the door to watch for the person that sent him.

Was Morris left in any custody at the door? - No, he was not.

He might have gone away if he chose it? - We had no guard upon him; then we called Morris in, then I returned home.

Did Morris go with you? - No, he did not, he was left at large; in the evening I saw Morris at Sir Sampsom Wright's, he was appointed to come there, and he came voluntarily, there was an examination of Morris.

Was he kept that night, or did he go about his business? - I believe he went about his business.

When did you see him again? - I believe it was the following day.

In short, was he at any time in custody at all? - No.

Did he continue in his occupation as a porter, till the prisoner was taken into custody? - That I believe he did.

WILLIAM MORRIS sworn.

Mr. Garrow. What are you? - A ticket-porter, plying in Gray's-inn; I have been a ticket-porter about two years and a half, I know the prisoner, I first became acquainted with him (looking at a memorandum) I made this memorandum at the time I did the business.

Court. How came you to make the memorandum? - I generally do.

Do you put down every business you do? - No, I do not in particular.

Then how came you to put them down? - On account of this forgery, I cannot say I put them down that minute.

Mr. Garrow. Did you put them down before you went to receive the 700 l.? - Yes, I never put down no money business.

Then this is a particular instance in which you did put it down.

Court. How came you to tell me just now that you generally did put down those things? - I do sometimes, and this I did.

Did you ever put down any other message that you was sent on? - I cannot say particular.

I ask you on your oath? - I have made a memorandum, but not in particular to be positive of it.

Did you ever put down any memorandum of any other message that you was sent on? - No, I cannot say I did, I only put this down.

When did you put that down? - I put it down, it may be a day or two afterwards.

Before you took the 700 l. draft? - I had been several times for that person.

Was it before or after you took the 700 l. draft? - After I carried the 700 l. draft.

Why did you say this moment before? - I did not say before.

Yes, you did; who desired you to put it down? - Nobody desired me ever to put it down.

Upon your oath nobody ever desired you to put it down? - Upon my oath nobody ever did.

Court. Then go on, and put the paper in your pocket.

Mr. Garrow. When did you first see the prisoner? - I believe it was the 8th of September, I think it was, I am not sure; the first time that I saw him I was sent for by one of the waiters at the coffee-house, I was in Gray's-inn, a shoe-black woman called me, it was about nine I believe in the morning.

Where was the prisoner? - He was sitting in a box in the coffee-room.

Were there other persons in the coffee-room? - There were.

What passed between you and the prisoner the first time you went to him? - Only he gave me a draft for 55 l. upon Mess. Prescotts, and told me to make haste, and he would wait for me till I came back; I made all the haste I could, I received the cash, and delivered it to the prisoner, he was there sitting in the same box, he asked me what I was to have; I said what he pleased, he gave me two shillings; I do not know who that draft was drawn by; I think I saw him again the 17th, I was sent for to the same coffee-house as before, I believe it was the fore part of the day, I am sure it was.

Was the prisoner the person you was sent for to? - Yes, he was, it was for 44 l. 0 s. 10 d. on Mess. Ladbrooks; he gave me a draft for that sum; nothing passed, he waited till I returned, and he paid me eighteen pence, I gave him the money, I did not see him again till the 22 d; then I met him the bottom of Southampton-building, Chancery-lane; the prisoner says to me, Morris; (he had my name in writing in his book.)

When had he taken it down in writing? - I think it was the 17th, but I am not sure whether it was the 8th, because he took it off from the badge; he said, Morris, where have you been, I wanted to see

you? he returned back again to the gate, and to a porter that he had engaged for the next morning job, says he, I shall not want you as I have found Morris; then he told me to meet him at nine at the coffee-house the next morning; if he was not there, to wait till he came, and he would pay me for my time; nothing more passed on the 22d; on the 23d I went up at nine, the prisoner was not there, I waited till he came, he was there about twenty minutes or half an hour after nine, and the waiter came out and called another porter in; he went in and came out, and he sent me in; the prisoner tapped at the window for me, I went in, and he gave me a draft of 554 l. 8 d. upon Mess. Bidulph and Cox; I received that in notes and cash, I brought it back again, and went into the coffee-house, he was not there, I saw him in about three quarters of an hour at the gate of Gray's-inn; I went to my stand not finding him there; nothing further passed; then I delivered him the notes and the money, between the folding doors of the coffee-room.

Do you know whose draft that was on Cox? - I do not; then he gave me a letter to Mr. Brooks, at Mr. Hughes's riding-school, I could not find him; when I came back again I could not find the prisoner, I did not see him then for I suppose two hours, much about two hours I saw him again at the same place, Gray's-inn-gate, about two o'clock.

Did any thing pass between you at that time? - No further than I gave him this letter, he took it, and said stop here; and he walked half way over Holborn, and returned back to me, and gave me a 700 l. draft to go to Mr. Prescott's, I judge it was about two o'clock; he gave me that draft in the street, the corner of the gateway, and ordered me to have 500 l. in banknotes, and 200 l. in cash; I carried it to Mr. Prescott's, they did not pay it, and I returned to the Gray's-inn coffee-house; two of the gentlemen of the house went with me; the prisoner was not at the coffee-house, nor I never saw him after, till I saw him at Bow-street.

Court. Where did he desire you to bring that money to? - To Gray's-inn coffee-house, we waited there for an half hour, but he did not come; I never saw him again till I saw him at Bow-street; I never was taken into custody about it, I have been in my business of a porter ever since; I have not been from the inn.

Have you seen a coat at Bow-street that was produced by an officer? - Yes.

Do you believe that was the coat the prisoner wore? - I am sure it is.

Are you quite certain the prisoner is the man that gave you the 700 l. draft? - Yes.

Did you know him again at Bow-street? - Yes, I did, when he had his beard on.

Who paid you the 55 l. draft? - This is the Gentleman.

(Pointing to Mr. Woodhouse.)

Mr. Garrow. Mr. Woodhouse be so good as to step out.

Mr. Garrow. What passed between you and the banker's clerk when you presented the 55 l. draft? - There was a little scruple, but on account of my badge they paid it; they asked me if I knew the person that the draft belonged to; I said I really did not know, but I had done other business for him; they paid me the money.

Did they refer to any books or papers that you recollect, before they paid you? - No, I do not recollect.

Prisoner's Counsel. Well, Mr. Morris, you are a porter living in Gray's-inn, in the passage there? - Yes.

You did not know the prisoner before? - Never saw him in my life.

You knew a person of the name of Laurence Jones, Jonas, or Lazarus Jones? - What, Captain Jones? Yes, I knew him very well.

Your wife knew him very well? - She knew him so far as that she washed for the family once.

For these dozen years? - No, nor half a dozen.

She washed for the Captain? - I do not know whether he is a Captain or what he is.

You know the Captain? - Yes.

Have you seen him lately? - No, Sir, I have not seen him these four years; I do not know that I have seen him since I helped to move his things from Dean-street to the Minories.

Does your wife wash for him up to this time? - No, not for these four years.

He knew where you lived? - No, I do not know that he did.

They did not tell you that the captain, knowing you to be a trusly man, recommended you to this job? - No.

And you was sent for particularly? - I was the first that was found, the waiter came to get a porter; I was walking as we do.

Where do you live? - I live in Fullwood's Rents, but I was not at home, I was in the court where my business is.

You were immediately desired, I suppose, to give a description of the person who had given this note to you? - No.

When you carried this 700 l. note, just describe to me, without looking at the man, the description you gave of him then? - Why I gave a description of a man as I supposed him to be then, about forty-five or fifty, tall, thin, cheeks dented in, with a widish mouth, and black countenance.

Any teeth? - Black teeth, very black; I believed by that he smoaked a good deal; but he had a wig on.

Now you know this man is about fifty or sixty, and he has no teeth? - Yes, he has some teeth.

Mr. Garrow. He had teeth at Bow-street.

Prisoner's Counsel. Now you never enquired what he was, or who he was? - What should I enquire for? I never enquired any thing at all about him, he paid me for what I did; I gave myself no trouble.

What time was this draft paid? - I think it was about two, when this last draft was paid, or some minutes over or under.

What day? - The 23d of September; they told me to go back again, and they would attend me, and if I met him on the road I was to take care of him; they were on the one side of the road, and I was on the other.

When he crossed Holborn and turned back, did he meet any body? - Nobody, I never saw any body with him.

You know the Israels, the brothers-in-law of Jones? - I know them all very well, I never saw one with him.

You did not see them come up to him as soon as you had put the papers into his hand, come up and take them out again? - No, Sir.

Recollect yourself? - I did not.

Do you mean to be positive that you did not see one of the Israels? - I am positive, I never saw either man, woman or child with the prisoner in my life, either join him or come up to him, or give him any thing, or be about there.

The draft that you took, you gave no memorandum of it? - No; I have seen one of the Israels.

What did he tell you? - He never said a word to me.

He did not advise you to make memorandums? - No, that I am positive of, I never saw the prisoner before in my life.

Yet you mean to say you knew him again perfectly? - I had been of four or five different messages for him; he had a white coat on in the morning, but not in the afternoon, and there was star buttons and large lappels.

Had he it on at two in the afternoon? - No.

What coat had he on then? - I cannot say; it was a loose coat, a brown one, I believe, but I cannot positively say.

How came you to describe him in your hand-bill, in a whitish coat? - He had a whitish coat on, but he had a brown great coat on at the time he gave me this draft; he had a light coloured drab with star buttons; when he gave me the 700 l. draft, he had a brown coat, and another under it, I believe that was a light-coloured one, that

under one; he had not that coat on with the buttons, particularly with a star, he had it on when he gave me Bidulph's draft; but he had not it on when he gave me the draft for 700 l. I took notice of the button, because it was a pretty button, it was a new button; I am positive of the man, God forgive me if I should say any thing wrong.

And you was not advised by Jones, or the Israels, or any of them to do this, to make memorandums, to take notice of the buttons, or to be concerned in this business? - No.

Mr. Garrow. These Eastwells, of whom you have been speaking, kept a pawnbroker's shop, the corner of Dean-street; Captain Jones lodged there? - He did so, I never saw him.

Mr. Garrow. I see a good many faces here that are connected with him, who would be just as decently and as well employed elsewhere.

Court. Do you know Captain Jones's lady? - Yes, I knew her before he married her name was Miss Betsy Jones, she was in partnership with Eastwell; I have not seen her for several years; nobody advised me to set down this paper of memorandums, I will be upon my oath it is entirely my own doing.

Who lives at Brooks-well, near Gun-dock, Wapping, No. 27? - I do not know.

Whose hand-writing is that? - Oh! that is some parcels that I took to the wharf out of our inn to go on board ship.

Whose hand-writing is that? - This is my hand-writing, the other is not.

Is not the entries that you made of the memorandum your hand-writing? - No, Sir, it is not.

Then whose hand-writing is it? - It is one Metcalf that I got to write it down for me, because I do not understand figuring, and I could not figure down the sums of money.

Who is Metcalf? - He is a porter belonging to the inn; I had put it down, I will shew it to you, and that is it, I gave it him to copy it, I will shew it you in my own hand-writing.

Mr. Garrow. Do not tear it out, give us your book.

(The pocket-book handed to the Court.)

Had you wrote this before ever I examined you at Bow-street? - Yes, I produced it there; in one of the pockets of the book you will find the case that the draft was put in to go to Mr. Cox's; there are private memorandums, in this book.

Was the draft which you received from the prisoner for 700 l. the same you presented to Mr. Woodhouse? - Yes.

(Read.)

"September 22, 1788. Mess. Prescotts

"and Co. pay No. 1919, or bearer,

"700 l. John Moore , 700."

JONATHAN LOWE sworn.

I keep the Gray's-inn coffee-house in Holborn.

Have you ever seen the prisoner? - Yes the last-time I saw him was in Bow-street.

When did you see him before? - At my coffee-house, some time in September, I do not exactly recollect the day, he then used my coffee-house, I saw him several times; I know Morris the porter, I have heard him call for Morris, I have seen him and Morris together more than once or twice; Morris was called for the purpose of going on messages for the prisoner several times.

Was you present when the prisoner first sent for a porter? - I cannot say the first time, but I was present several times at his sending for a porter; I do not remember any particular directions; my bar is a good way from the boxes in the coffee-room.

Are you sure the man at the bar is the man you have seen at your coffee-room? - Yes, I knew him very well in Bow-street; I have known Morris about two years and better, I believe he has been a ticket porter all that time.

Have you a good opinion of him? - A

very good opinion of him, I always took him to be a very honest fellow.

Prisoner's Counsel. I suppose he took his turn as other porters do; does he ply any where else? - Not that I know of.

Therefore if I was to send for a person to your coffee-house, I should find Morris? - Yes.

GEORGE WINTER sworn.

I am waiter at the Gray's-inn Coffee-house; I know Morris perfectly well, I know the prisoner perfectly well; I saw him at our coffee-house, he came into the Gray's-inn coffee-house on Monday morning, the beginning of September; he pulled out a pocket-book, and called for a pen and ink, and a dish of coffee, he then asked me for a porter.

Did he ask for paper also? - No, he then asked for a porter, I was going to call one of our porters belonging to our house; he then said he wished to have a ticket-porter, as his business was money matters, and he should want him again; I went to the back-door and called out porter; I was informed there was not one there, but they would send one, and Morris came in two or three minutes; I said there is a gentleman in the coffee-room that wants a ticket-porter, and I conducted Morris to the prisoner; I saw the prisoner speak to Morris, and give him a paper, the contents of which I do not know; Morris upon that went away; I did not see the prisoner some days, the prisoner did not stay in the coffee-room till Morris came back; he went out, I did not see Morris return, I did not see the prisoner again for some days; then I saw the prisoner and Morris together in a box; at that time I saw Morris speak to the prisoner, and a paper went from the prisoner to Morris; Morris went away upon that, the prisoner went just after; after that I used to see the prisoner different times; but as I had seen him many times before, I did not take any particular notice of him as I did at first; I never took any account of the days of the month, I remember the time that the forged draft was said to be presented, but I cannot say I saw the prisoner that day, but I saw the prisoner several times at the gateway, sometimes underneath the gateway, and sometimes in the coffee-room, that was after the second message; I have known Morris nearly two years, he has been employed occasionally at our house; I am quite positive to the prisoner, I knew him again at Bow-street; as my master and me were going along, we were determined to be very particular with respect to the person of the prisoner, and waited some minutes in the office, and immediately I saw the prisoner come in with many others, and I immediately tapped my master on the shoulder, and said, Sir, I am sorry to say it, but that is the man, I have not the least doubt in the world about it; the man is as clear to me as ever a man was.

Prisoner's Counsel. On the day when this bustle was, and Morris and the gentleman came from the banking-house, you do not recollect seeing him that day at all? - No, on the Monday night I saw the prisoner, that day before he absconded.

Court. You remember the day that the gentleman came back with Morris? - Yes, that day I did not see the prisoner at all, I saw him on the Monday, the day before, at Grays-Inn Coffee-house, he sat down and called for a dish of coffee; he threw down six-pence, drank the dish of coffee, and went out; I did not hear him enquire for anybody then.

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

Reference Number: t17890603-67

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 3d of JUNE, 1789, and the following Days;

Being the FIFTH 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 V. PART VI.

LONDON:

Printed for E. HODGSON (the Proprietor) And Sold by J. WALMSLAY, No. 35, Chancery Lane; 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 Jacob Canter , otherwise Joan Rhode, otherwise Richter, for Forgery.

WILLIAM WILLIAMS sworn.

I live in Gerard-street, Golden-square, I know the prisoner, I have known him since last January was a twelvemonth, he came to my house the 3d of January, 1788, and staid till the 6th of August following, then he went away, he gave me notice he was going; he did not pay his rent, he owes me money now; he came by the name of Roder to me.

Did he employ porters on any business? - Not as I know of, he had a wife and child.

MARY JACKSON sworn.

I lived in Gravel-street, in September last, that is not far from Grays-Inn Coffee-house; I know the prisoner, he lived at my house, he came to lodge with me early in September, he said he should want his lodging about three months, he staid a fortnight and three days, he gave no notice that he was going to quit the lodging, he paid me for three weeks, he paid half a guinea in allowance, I am quite sure he is the man, he left a coat at my house, the coat was given to Jane Willis ; he paid me one time, and his servant brought it up at another time; there are other lodgers, the door was open, I found the coat in his room; I never saw him wear it, I do not know who left it there.

Court. Do you know the Eastwells, that kept a shop the corner of Dean-street, Holborn? - No, I do not.

JANE WILLIS sworn.

I lived at Mrs. Jackson's house, I remember the prisoner living there a fortnight and three days; there was a coat given to me after he went away, to the best of my knowledge I saw him go out with that coat on one morning, the coat that was given to me I pledged, and Carpmeal went with me to redeem it, it is the same coat.

Prisoner's Counsel. His servant I believe came afterwards? - He came to ask where the coat was.

Do you know the Eastwells? - No.

Nor Mrs. Jones? - No.

THOMAS CARPMEAL sworn.

I produce a coat, I had it at a pawnbroker's in Baldwin's-gardens, Mrs. Willis went with me, it is the same coat, I was present at the apprehension of the prisoner, 7th of January, at Wapping Dock, he had a long beard and a red night cap, I think, and a morning gown, up in a two pair of stairs back room; I had very little conversation at that time, I brought him away, I never had any particular conversation with him, I searched him, nothing particular was found upon him; this coat has been in my possession ever since.

Court. Where did you apprehend him? - I forgot the number, I think it was 144, it was between Wapping-Dock and Wapping-Old-stairs.

Court. Was it No. 27? - I think it was a hundred and something.

At whose do you know? - At the house of one Jacobs, a ship broker.

Do you know anybody of the name of Brooks there? - No.

Prisoner's Counsel. Who else did you see in the house? - The door was open, I went up stairs, there was a number of peo-below, the wife was in or upon the bed with her child.

You had information? - I had.

Who gave you the information? - Sir Sampson Wright gave the information, I do not know who gave it to him.

(The draft shewn to James Henry Moore .)

James Henry Moore . I am very well acquainted with the signature of Mr. John Moore , I do not believe this to be his hand writing, there is nobody fills up his drafts but me, this is not my filling up; he very seldom fills them up; it is not his filling up, it is not mine, and nobody else is authorized; it is not his signature, I speak with certainty.

Prisoner's Counsel. Is not it like it? - It is like it.

Mr. Garrow to Mr. Ifgrave. Is that Mr. Moore's? - No.

Is it filled up by his son? - No.

Nobody else is authorised? - No, I should have filled it up, if the son was absent; this is not mine, there were three at the time I was with Mr. Moore, only us three.

Is that like his hand writing at all? - It is like it, but I am sure it is not his.

How does it differ? - The hand on the whole, I cannot immediately say.

Court. Suppose it had been a draft for 70 l. instead of 700 l. and you had seen it at his banker's, should you have known it? - I should have known it was not his.

Now how should you have known it? - It is wrote stiffer, Mr. Moore very seldom paid attention, he wrote generally with a very bad pen, the first that came in his way.

It is like it? - Rather like it.

Mr. Garrow. If instead of that being an order to pay money; if it had been an order to deliver goods, should you have delivered upon it? - I think I should not, I am sure it is not his hand writing; I swear positively this is not the writing of either himself, his son, or me.

JOHN MOORE sworn.

Prisoner's Counsel. This is your draft? - Yes.

Court. You cannot call Mr. Moore.

Winter. The time I saw him, he had a pig-tailed wig, laced waistcoat with gold spots, and a coat like this.

(Holding up a coat.)

Morris. This is the coat I saw the prisoner with; I am looking at the stars on the buttons, it was a new coat and very pretty buttons; at that time I am positive it is the coat he wore.

Prisoner's Counsel. On account of the button: a taylor may make a coat like this, and a button-maker make buttons like them.

Woodhouse. I do not recollect the coat.

Prisoner's Counsel to Woodhouse. Is that draft like the hand writing of Mr. Moore?

- It is not very unlike it, it is more stiff, Mr. Moore generally writes with a pen that is more furzy at the end.

Supposing that had been a draft for 70 l. should you have paid it? - I cannot tell, it is impossible for me to say, perhaps under them circumstances I might.

Court. That might very naturally be, because they might be led to examine it, being so large a sum.

Mr. Garrow. Looking at it now do you believe it to be Mr. Moore's writing? - No.

PRISONER.

My Counsel has my defence.

GUILTY, Of uttering, knowing it to be forged . Death .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17890603-68

472. WILLIAM LOVELY was indicted for stealing, on the 27th of April last, a pair of leather breeches, value 14 s. a cotton waistcoat, value 6 s. a silk handkerchief, value 1 s. two shirts, value 14 s. three pair of cotton stockings, value 7 s. a pair of plated buckles, value 2 s. 6 d. and ten chissels, value 7 s. the property of William Sidney .

WILLIAM SIDNEY sworn.

I live at Old Brentford , I lost the things mentioned in the indictment, on Monday the 27th of April last, they were all my property; I saw the prisoner the day I lost the things, never before; he asked for work of my master Mr. Handcock, a carpenter at Kew-bridge; the prisoner did not stay many minutes, my master gave him work, the things were at Mrs. Franklin's, at my lodgings in the neighbourhood, he asked me for a lodging, I directed him to the house where I lodged, he went there and asked to lie down, pretending to be tired; he went there about six o'clock in the evening; we worked till seven o'clock, Mrs. Franklin sent for me, he was gone out; and I came and missed the things in the indictment, they are here; I went to the shop and told Thomas Palmer and John Young that I had lost those things, and we all three followed him, and found him at the Star and Garter on a coach, going to town, we stopped him and I saw my waistcoat in his bosom; I pulled it out and put it into Young's apron, I found two shirts in his shirt which were mine, I found a pair of breeches and a silk handkerchief in his coat pocket, which were also mine, and three pair of cotton stockings in the waistband of his breeches, and the plated buckles and the tools in his other coat pocket, his left-hand pocket; one pair of stockings he had given to the coachman; I never knew him before that day; he said he hoped I would not hurt him, I took him to a magistrate, and he was committed.

ANN FRANKLIN sworn.

I live at Brentford, the prisoner came, a stranger, and asked for lodgings, and he asked to lay down, I shewed him up to the room, he was there a quarter of an hour; he came down so soon, I had rather a suspicion, and sent for William Sidney to see if he missed any of his things.

JOHN YOUNG sworn,

(Confirmed the above evidence of Sidney) I saw the things taken out of his pockets, (describes the things); Sidney claimed the property, the prisoner said he hoped Sidney would not hurt him.

THOMAS PALMER sworn,

Deposed to the same effect as the last witness.

WILLIAM COX sworn.

The headborough produced the tools and one pair of stockings which were deposed to, and a coachman gave me a pair of stockings, which the prisoner gave him.

Young produced the other things, which were deposed to.

PRISONER.

I plead for the mercy of the Court.

GUILTY .

Sentence respited being sick .

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

Reference Number: t17890603-69

473. ROGER STRICKLAND was indicted for stealing, on the 19th of May last, twenty-four pounds weight of lead, value 6 s. the property of John Taylor .

JOHN TAYLOR sworn.

I am a house keeper, No. 2, King-street, Seven-dials , I am a glazier and plumber ; I lost some lead on Tuesday the 19th of May, the prisoner was my journeyman at that time.

JOHN SCOUTON sworn.

I am a journeyman to Mr. Taylor, on the 19th of May, in the evening, coming home with my master, the prisoner was in the shop; the door was shut, I looked through the window and saw him cutting some new pipe; he took the pieces off his knees and heaved them on the shop-board, after that he came to the shop door and let me in; I spoke to him, he said he knew nothing what I meant, I told him, and he begged I would not tell my master; I took the lead away and laid it on the back part of the shop, and went and told Mr. Taylor, when I came back I could not find the lead; I left the prisoner in the shop; when I came back, the prisoner and the lead were both gone, the prisoner returned no more till he was taken; there might be about half a yard of it, about five pounds, it was a three quarter pipe; I never saw that lead after.

THOMAS MUMFORD sworn.

I attend Litchfield-street office, I had a search warrant to search Mr. Glover's house the 20th of May, he keeps an old iron shop in King-street, Drury-lane.

WILLIAM GLOVER sworn.

I do not remember buying this lead myself, it was bought, I do not know from whence it came.

Court. Do not you keep books of the things you receive? - No.

Mrs. GLOVER sworn.

I am wife of the last witness, I cannot positively swear to the lead, there might some part of it be brought there; the pipe lead was in our shop, I cannot tell who brought it; we have two brothers and a sister, they are not here; I might receive it; I might recollect the prisoner's face; I believe I did buy some lead of him.

(The pipe lead deposed to by the Prosecutor.)

Prosecutor. It is made in my own shop by Scouton; this lead was concealed when they went with the search warrant, I can say it is mine, I have some to match it; I found this lead with pieces of flat and round iron, concealed under a kind of a bulk; I never saw any of this bore of lead, it is customary to make them of pewter, but it was the publican's own fancy; they are to draw liquors through; I am positive this part of the lead is mine, (The pipe lead deposed to by Scouton), three of these small pieces of pipe are stopped with folder, I saw him stopping them, I cut them afterwards; I cut the pieces that were stopped up out.

PRISONER's DEFENCE.

I do not recollect stopping any of them.

Scouton. The prisoner said before the magistrate that he sold what I saw him cutting, to this Mr. Glover, that was not this pipe, it was larger, he owned before the magistrate that he sold the whole of this pipe and that too to Glover for one penny

a pound; I heard no promise before the magistrate.

Prisoner to Scouton. Did not you hear my master say he would forgive me if I would tell any thing? - Yes, I did hear something of the sort.

Prosecutor. I thought it my duty to do this, but I always thought him an honest man; he has worked for me two years.

Court. Do you know of any quarrel between him and Scouton? - No, I have lost a great deal of lead.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17890603-70

474. CATHARINE TASKER was indicted for stealing, on the 21st of May last, one silver spoon, value 20 s. a chain, value 6 d. a key, value 1 d. an apron, value 1 s. the property of Thomas Geens .

THOMAS GEENS sworn.

I am a weaver , I am a married man; I lost my watch and a linen apron; I have a wife and child, my wife had work at home; I work at a cheesemonger's as porter; on the 21st of May, I went home to breakfast, and left my silver watch on the mantle-piece between nine and ten o'clock, the prisoner was a servant at that time in our house three days; I lost my watch, I saw it again the 23d, before the justice, produced by the pawn-broker, his name is Richard Stanley ; I knew the watch to be mine, it is very remarkable, being old, and the inside case does not shut close; and a bit of red silk inside the outside case, which I put in myself, there was no seal, only a steel chain, one of the links of which crossed, which I crossed myself, and a key; I have no doubt of its being my watch.

RICHARD STANLEY sworn.

I am a pawnbroker, in Upper East-Smithfield, the prisoner left this watch with me on Thursday the 21st of May, about the middle of the day; I never saw her before, I am sure she was the person, I have no doubt, (the watch produced and deposed to) she asked for a guinea; I asked if it was her own, she said no, her father was in a little trouble, in White's-yard, just by, and he had desired her to pawn it for a guinea to get him out, she came to my house in about two hours with the prosecutor and one of the runners; I have kept the watch ever since.

Prisoner. He never asked me whose watch it was, and my master promised to forgive me, if I would tell him where the watch was.

Stanley. I offered her fifteen shillings, and she took out a dirty apron and pawned it for a shilling.

Mrs. GEENS sworn.

I lost an apron off the bed in the same room with the watch (produced and deposed to) I can swear to it by the binding, which is white and not common.

PRISONER's DEFENCE.

When I went away I went into Rag-fair and pawned the watch for fifteen shillings, and one shilling on a coloured apron which I took off my sides; about a couple of hours after I was taken to the Rotation, and my master said he would not hurt me, and I told him where it was.

GUILTY .

Imprisoned six months in the house of correction .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17890603-71

475. FRANCES WILLIAMS and SARAH WOODROFFE were indicted for stealing, on the 24th of May last, one silver watch, value 40 s. two metal seals, value 4 d. one pair of silver shoe-buckles, value 16 s. the property of Thomas Heap .

THOMAS HEAP sworn.

I am a single man, I am a waiter at present out of place; last Sunday was a week I lost my watch and buckles, I came from Enfield late at night, and was locked out of my lodgings, and happened to meet with these girls.

Court. Where did you meet them? - At the top of Old Gravel-lane, between five and six o'clock in the morning, they asked me to go home with them; I went to the lodging of Frances Williams .

What passed then? - She took the watch and put it on the mantle-piece, the prisoner Woodroffe was with her; I saw her before and after I lost the watch, the prisoner Williams went away, and Woodroffe was at the door below. She took the watch and buckles, and put into her pocket, and said she would take care of them till morning. I never saw them since; I was undressed and in bed; I did not know she took them down; she had been undressed and dressed again. We had both been in bed; we went to-bed between twelve and one, as near as I can guess; the prisoner Woodroffe told me she belonged to the house; the prisoner Williams said she sold the buckles, I told her if she would only let me know where the property was, I would not hurt her.

CATHARINE MARSHAL sworn.

My husband was a clock and watch-maker, I still carry on the business, he has been dead two months; I bought the buckles of the prisoner Frances Williams , I gave her fourteen shillings and sixpence for them, and she bought a pair of plated buckles at the same time, they weighed three ounces, all but two penny weights, at five shillings an ounce; it was last Monday morning was a week, about eleven o'clock. I know nothing of the watch to my knowledge. I sent a person with them to sell to Mr. Cox's; I have the tongues and chapes; I sold them with other silver.

THOMAS BROWN sworn.

I belong to justice Staples's office, I apprehended the prisoner at Queenhithe, I searched her, and in her pocket was found this seal and ribbon, she called Mr. Heap into the parlour, and told him where the watch was sold, and where the buckles were sold; I heard him tell her he should be very well satisfied.

(The seal deposed to by the prosecutor, having his cypher on it) This is the ribbon I had to my watch.

Court. Had you given this girl any money? - No, I had but ten pence in my pocket, I gave her that to get something to drink.

PRISONER WILLIAMS's DEFENCE.

Between ten and eleven the prosecutor picked me up, and went home with me; the prosecutor delivered the watch and buckles to me in the presence of Woodroffe, and told me to keep them till he paid me for the terms of the night.

FRANCES WILLIAMS , SARAH WOODROFFE ,

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17890603-72

476. JOHN THOMPSON was indicted for stealing, on the 29th of May last, sixteen pounds weight of lead, belonging to Mary Wellford , affixed to a building of her's, against the statute .

(The case opened by Mr. Silvester.)

- BATSON sworn.

I am a builder at Limehouse, I was returning home one morning at two o'clock, in company with Mr. Rich, I had spent my evening at the Britannia; just as we came out of the door we met the prisoner, and having had so may depredations committed lately, I suppose to the amount of one thousand weight of lead and other things, as my servant was lighting me home, I saw two men passing, and suspected them to be thieves, and I asked them what business they were on; they hesitated, and said they had been at tide's work at

Blackwall; I doubted that, I called the watch, but none was to be found; I began to examine about the body of one of them, and he started from me, but my coachman pursued him, two men pursued the other man, but he effected his escape by jumping into the New Cut, and throwing himself over a wall, from which he sell sixteen feet; but this man we secured, he was never out of my sight, only while I turned to pursue the other; I returned immediately, and we took him to the public-house; I took the lead from him, it is a gutter lead, about sixteen pounds; I marked the lead, and the next day I went to the house; this is the lead I marked, it belonged to the public-house, sometimes called the Mitre, and sometimes the Hand and Flower, it fits clearly like an indenture, I have no doubt it is the lead belonging to that house, I believe it is Mrs. Wellford's house, there is a brother of her's receives the rents.

ROBERT CANEY sworn.

I know this house, the Hand and Flower, otherwise the Mitre, it is the property of Mary Wellford ; I receive the rents for her.

PRISONER's DEFENCE.

I had just come up from the ship I belonged to at Chatham, I crossed over Gravesend to go to an acquaintance, and coming up from Berking, I was rather belated, I wanted to go down by the longboat, and coming through the fields by Blackwall, I picked up that piece of lead; I did not take the lead away from the place, nor any thing of the kind.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17890603-73

477. RICHARD DAVIS was indicted for stealing, sixty pounds weight of bacon, value 30 s. an iron hook, value 2 d. the property of Thomas Hawkes .

THOMAS HAWKES sworn.

I live at No. 120, Goswell-street ; I am a bacon merchant ; on Tuesday last the 2d of June, I lost a side of bacon, and bacon-hook, very early in the morning, between two and three, I was in bed, I was called up about five o'clock by my clerk, on the bacon being missed; I had many men at work, they were at work at two in the morning; I saw the side of bacon at the constable's the same morning, about ten, the watchman came to my house and gave information, and I saw the bacon at the watchman's house, and I desired he would bring it, and I would see if it fitted the place, where there was a box of iron went against the shoulder of it, as I could not otherwise swear to it; at the top of the yard there was a large long bar, and that long bar touched the side of the bacon, and where a side of bacon is touched when it is just washed, it makes a mark of the bar; the bar fitted the place to a barley-corn, and I said it was my side of bacon; the bacon hung against the wall on a nail by a hook to get it dry, I hung it on the same nail again, and then the mark on the back fitted the bar.

WILLIAM CABER sworn.

I am the watchman in Old-street-square, about three on Tuesday morning, I met the prisoner with a side of bacon on his back, he asked me the way to Bagnigge-wells; I told him that was the wrong way, he must go with me; the bacon is here.

(Produced, and deposed to.)

Mr. Knowlys to Hawkes. Did you compare it with the other side? - I could not compare it with the other side.

Therefore you had no other means of comparing this with the other part of the hog to which it originally belonged? - No.

You are a considerable dealer? - Yes.

Have you any partner? - No.

JOHN GLASS sworn.

On Tuesday morning the watchman brought the prisoner with this bacon on his back, and I asked the prisoner where he got it; he said he did not know, he knew nothing of the bacon at all, he was a stranger in London; I asked him if he was ever in New Prison; he said no; I said he must go there.

PRISONER's DEFENCE.

I was last Monday at Chelsea Hospital with some company, and when I came home, I parted with them in the Strand, and I was going to St. Paul's, and I missed my road; I asked a watchman the way as I was going on the road, I saw a man run off from the door; there was another watchman coming, and there was this side of bacon standing on a bulk; I took it up, I did not carry it twenty yards, I asked him the way to Bagnigge-wells, I thought I was near there, and he took me into custody; I told him I had not stolen the bacon, and knew nothing of it.

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

GUILTY .

Publicly whipped , and imprisoned six months .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17890603-74

478. JOHN HARPER was indicted for feloniously stealing, on the 9th of May last, one piece of woollen cloth, containing thirty-eight yards, value 8 l. the property of Myles Atkinson , and Mary Thornthwaite , widow , in their dwelling-house .

MYLES ATKINSON sworn.

I am a woollen-draper in St. Paul's Church-yard , where the business is carried on; on Saturday the 9th of May, about seven in the evening, I was standing in the shop; I saw a kind of a shadow, I went out and saw the prisoner at the bar walking with a piece of cloth under his arm, he was about fifteen yards from the door; I followed him immediately, he turned the corner of Cannon-alley, and I called out stop thief! he was stopped by a man at the corner of Pater-noster-row; he had the property under his arm, then he dropped this property, I took the property, which is our's, at the same time I took him; nobody else was in the shop; he said nothing for himself.

JOHN BUZER sworn.

I am fifteen the 29th of next August; I was going past, and I saw a boy about my heighth take some cloth out of Mr. Atkinson's window.

Court. Did he go into the shop? - I saw him in the shop, he walked away with it, I did not see him go in; I am sure he is the man.

(The cloth produced by the constable.)

Constable. I had this at Mr. Atkinson's in St. Paul's Church-yard.

Court to Prosecutor. Is that the same piece you lost? - Yes, here is the mark upon it of my own writing, I am sure it is mine.

Court. What may be the value? - About five pounds.

PRISONER's DEFENCE.

I was coming along St. Paul's Church-yard at the time, I was not nigh the shop.

GUILTY , Death .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17890603-75

479. WILLIAM COOMBER was indicted for stealing, on the 16th of May last, one oil stone, value 5 s. one hand saw, value 2 s. 6 d. one iron hammer, value 1 s. the property of John Winn ; one

other oil stone, value 2 s. two hammers, value 1 s. 6 d. the property of John Garner .

JOHN WINN sworn.

The tools were found in the prisoner's possession, they were taken from a house in Broad-street ; they were left there on the 16th of May, when I left work at six o'clock, it was on Saturday night; when we came on the Monday morning we found the house had been broke open, and my tools were gone.

JOHN GARNER sworn.

I lost my tools at the same time.

DAVID SKINNER sworn.

The prisoner brought some things to my house sometime before this happened, and they were challenged; I was desired to stop him if he came again; he came again on the 16th of May, about eleven o'clock in the evening, and brought the things; he did not offer them to sale, he said they were his own; I took him into custody, the constable took charge of the things.

(Produced and deposed to.)

PRISONER's DEFENCE.

I had the things before ever they were said to be lost.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Transportation. See summary.]

Reference Number: t17890603-76

480. THOMAS HYAM was indicted for stealing, on the 23d of April last, eighteen linen bed sheets, value 4 l. one damask napkin, value 2 s. a piece of harrateen bed curtain, value 6 d. two silver salts, value 20 s. two silver spoons, value 20 s. a pair of silver sugar tongs, value 3 s. the property of Thomas Horn .

JOHN WAINWRIGHT sworn.

On the 23d of April last, about three in the afternoon I was in Thames-street, I saw the prisoner just by the watch-house door; he had this bundle on his shoulder, I had a strong suspicion of him, and I stopped him; I asked him what he had got, he made a very civil answer; I took him into the watch-house, and asked him where he got that from, he said he had it from Black Friar's-road, and he was taking it to Old-street to be washed; he said it was his mother's, I said it was clean linen, it was odd it should go to be washed; I asked him how he came there, he said he crossed the water, I asked him where he landed, he said he could not tell; I said it was very strange; he said it was nothing to me which way he came by it; says he, I met a man on London-Bridge and he gave me a shilling to take it to Blackfriar's; I found that he had eighteen sheets, a napkin, a red cloak, and a piece of a curtain: I searched him, and found withinside his breeches, a pair of silver salts, two silver spoons, and a pair of sugar tongs.

MARY HARGRAVE sworn.

I was in the house when the robbery was done at Bank-side; I had seen the things at twelve that day, it was the day the King went to St. Paul's; I was left to keep the house as a servant; the plate was in the parlour, the sheets were up two pair of stairs, in a back room in a chest; I missed them about four in the afternoon.

Court. Where had you been all that time? - I had been in the kitchen; I suppose he got up the wall and got in at the back parlour window; I did not hear anything.

Court. Do you know the things? - Yes, I know the plate by the marks, and by the figures on them.

JAMES TITMAS sworn.

Court. Do you know the spoons and salts? - Yes, I know them by the marks they have got in them, it is my master's name; I am footman to Mr. Horne.

How long had you seen the plate before

it was lost? - About two minutes, I am sure they are my master's property.

ELIZABETH GOOD sworn.

I know the sheets, I marked them; they are marked T. H. M. I am sure these are belonging to Mr. Horne.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17890603-77

481. THOMAS EVANS was indicted for that he, on the 29th of April last, in the dwelling house of James Drummond , in and upon Betty his wife , did make an assault, and her in corporal fear and danger of her life in the said dwelling-house did put; and two half crowns violently and feloniously did steal, take, and carry away, the property of the said James .

This appeared to be a drunken frolick, without any pretence to call it a felony.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17890603-78

482. CATHERINE MILLER and MARY CASEY were indicted for stealing on the 19th of May last, five guineas and five shillings in monies numbered , the property of William James .

WILLIAM JAMES sworn.

On the 18th of May, I was drinking about twelve o'clock at night, at the White Horse in Carnaby-market; I came into Oxford-street; I should have gone home but I went the wrong way; I was not in liquor, I had had liquor, but I was sensible; I was vexed its my mind which made me not know where I was going; I came to Charles-street, Oxford-street ; I live at No. 9, Alsop's-building, New road, Mary-le-bone; I went to a house and had a glass of gin, and when I came out at the corner, the prisoners caught hold of me, they said, how are you, countryman? I said I want nothing with you; they said I should go with them; I went with them to Bambridge-street, when I came there they asked me up stairs, I went up two pair of stairs; then they must have some gin; I gave the prisoner Miller six-pence to get some gin, she fetched it, and they drank it betwixt them, I had none of it; they said I should go to bed; and one tumbled in on one side, and one on the other; and I put my breeches under the bolster with five guineas and fifteen shillings in my pocket, in less than half five minutes I heard the money chink, and I caught hold of my breeches, and said you have robbed me; I saw the breeches in Miller's hand; after I heard the money chink, I put my hand in my pocket and there was only five shillings, I directly caught hold of Miller, and said, you hussy, you have robbed me; I put on my things, and pulled them out of bed and searched them as well as I could; but I found nothing, I locked the door and fell asleep; and when I waked they were gone, and I found an old woman in the room; it was five o'clock; I was vexed in my mind and I had been walking about before I met with them; I was not drunk, but capable of walking and talking, I am certain I had my money after I went up stairs.

Did you count it? - I am very certain I had the money when I gave the woman the six-pence, I counted it in my hand, I do not know how I did it, I very often count my money, my hand being in my pocket; I counted it then, and I gave them one shilling a piece; about half an hour after I had fifteen shillings besides them two shillings.

Did you search the bed head and bolster to see where it dropped? - It never dropped, it was all in a minute, I heard it cannot, and I thought I heard the window go up, but I am not sure; it was day light.

THEOPHILUS BUTCHER sworn.

I apprehended Miller in the same room, and Casey in Soho-square; Miller said it was very hard she should suffer, for she had only a guinea and a half of the money.

Are you sure she said so? - I think she did.

Do not think about it; you know whether she did or not? - I believe she did, I am not sure, I found nothing on either of them.

PRISONER CASEY's DEFENCE.

I met the gentleman in Oxford-road, between two and three o'clock in the morning, the gentleman was up and down the road with several more women; he asked me to go home with me; and I took him to Mrs. Miller's lodgings, he gave us a shilling a piece, and six-pence to Mrs. Miller to fetch something; he took and began to be very resolute to want the money back again; I would not give him my money back again; then he went into bed, and got up and went to sleep in the chair; he took the key out of the door; for the door was not locked; he was backwards and forwards in Mrs. Miller's house, and it was ten days after that he took us; he was in the watch-house the night before.

Butcher. These women were taken on Saturday was a week.

Court to Prosecutor. What are you? - I belong to Mr. Alsop the cow keeper, in the New-road.

BOTH NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17890603-79

483. THOMAS CRAWLEY and JOHN BUMSTED were indicted for stealing sixteen bushels of peas, value 3 l. and seven hempen sacks, value 14 s. the property of Joseph Lambley .

JOSEPH LAMBLEY sworn.

I lost sixteen bushels of peas, and seven sacks; I received information that a neighbour of mine had received them; I went into the field and saw the peas sown, they appeared to be my peas; the owner of the field is Edward Boswell ; we searched his house and found a sack with my name on it; we took him before Justice Wilmot, and he desired us to make him evidence; and he impeached the two prisoners; I know nothing of them.

WILLIAM JOFFER sworn.

I am a constable, I apprehended the prisoners; this sack was found on Mr. Boswell's premises in the stable, here is Mr. Lambley's name at full length, and Tottenham on the other side.

Lambley. This is my sack and my property, but I cannot swear the peas were in it; I had not missed any sack before; I never had any dealings with Mr. Boswell.

Court. There is no evidence against the prisoners but the accomplice.

BOTH NOT GUILTY .

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

Reference Number: t17890603-80

484. JAMES WELCH was indicted for stealing, on the 4th of May last, a silk handkerchief, value 18 d. the property of James Corbett , Esq. privately from his person .

GEORGE BROWN sworn.

On the 4th of May last, I was going down Piccadilly , and the prisoner was close to the side of Thomas Corbett , Esq. and I was on his left side, and the prisoner had his hand in his pocket and took out this handkerchief; I saw him take it, the prisoner did not drop the handkerchief; Mr. Corbett took hold of it, and then the prisoner said, bl - t his old bl - dy eyes, knock him down and run away; he did throw Mr. Corbett down, upon which I collared him; Mr. Corbett was obliged to

go down to Cheshire to take possession of an estate; I saw this handkerchief taken out of his pocket, I have had it ever since, Mr. Corbett delivered it to me that instant.

PRISONER's DEFENCE.

The handkerchief was upon the ground and the gentleman took hold of me.

GUILTY, 10 d.

Transported for seven years .

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

Reference Number: t17890603-81

485. JOHN DELAP was indicted for feloniously assaulting, on the King's highway, William Perryn , on the 5th of May , putting him in fear, and taking from his person and against his will, one pair of men's leather shoes, value 4 s. his property .

There being no evidence to affect the prisoner, he was ACQUITTED .

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

Reference Number: t17890603-82

486. DAVID MASON and ELIZABETH BIGGS were indicted for feloniously receiving, on the 2d of April , six yards of silk for handkerchiefs, value 20 s. twenty-three cotton handkerchiefs, value 20 s. part and parcel of the goods and chattles, feloniously stolen by Valentine Frier, who was tried last sessions .

WILLIAM WEAVER sworn.

On Friday the 17th of April, about six o'clock in the evening, I went to the Magpye on Clerkenwell Green, on information, I went and saw the woman at the bar offering some handkerchiefs for sale, I asked her if she sold them, she said yes; I asked her whose property they were, she said a sailor's, gone to the East-Indies, then she said the sailor was at Dover; I then told her she should go to the magistrate; she then said, go and take my husband, in George-alley, Field-lane; there I saw the prisoner David Mason , he immediately acknowledged that he sent her out to sell the handkerchiefs, and that he had them of a person, of the name of Frier, who was a carpenter, and worked at the Manchester warehouse, and told me he would go and shew me the person, and I secured that person who was tried last sessions and convicted; I produce the parcel of handkerchiefs which I took on the woman, they are new handkerchiefs; Poly-cats, and silk and other handkerchiefs; the last morning I went to Mason's lodgings again, for from the information I had gathered, I supposed I should find something more; in consequence of the information, I went to the daughter, who at first denied anything of the kind had happened, but when in custody she acknowledged having taken away some handkerchiefs; the prisoners have cohabited together a great many years as I understand, but are not married; Mason was brought to the office about nine o'clock at night, and I searched him, he acknowledged before the magistrate that his wife had the day before sold twenty-eight shillings-worth; I cannot tell whether it was taken down in writing, I found upon him that money, I then asked him whether he had any more money about him at all; he said no; that same day I had likewise received a private information, that he had sold five pounds or five guineas-worth the day before; I then searched him more minutely, and at the bottom of his pocket I found the money that corresponds with this information, I found in the whole 7 l. 8 s. 6 d. upon him; the justice said I must let him have some money, and he had twenty-four shillings.

CHARLES FIELDING sworn.

I am in partnership with James Underwood , we keep a Manchester warehouse, in Bull-court, Queen-street; we lost a great many articles during the time Frier

worked with us, but there are none that we can swear to.

(The Record of the conviction of Frier read and examined.)

JONATHAN REDGRAVE sworn.

I am a constable, Mr. Weaver came and informed me he had stopped this woman with handkerchiefs; I went with him; and then she informed us she received them from the man prisoner; there were some things there, accordingly Mason informed us who was the principal man that robbed the gentleman; he told us it was Frier, we took him into custody, and he was afterwards convicted, the property was part found in Mason's house.

Court. Did Mason say that Frier had robbed the gentleman? - He said he received them from him, and he would assist us to apprehend him.

ELIZABETH BURNISH sworn.

I am a daughter of the prisoner's, I was down at my father's house when the officers came, as I was going out I met my father's landlord and one of the lodgers, and they said if the goods were not honestly come by that he would get into trouble; and I took them out of the room into my own room, that was not done by the order of my father or my mother; I afterwards delivered that bundle to the officer, I cannot tell of what it consisted.

PRISONER MASON's DEFENCE.

I work for Mr. Hall the carpenter; I wish to have the money they tookout of my pocket, this Frier worked for Hall the carpenter about three weeks, and he had these handkerchiefs to sell, and he said he would sell them at fifteen shillings a dozen, the pocket handkerchiefs, and silk ones at half a crown a piece.

Court. Did you buy them from Frier; - No, I was to sell them for him, and he was to allow me a shilling a dozen for selling them.

Did Frier give you any account how he came by them? - No, he said he had them at a raffle, there was nothing but handkerchiefs left with me.

Court to Mr. Fielding. What are they worth a piece? - The cotton handkerchiefs are worth eighteen shillings a dozen, and the silk ones about four shillings and sixpence a piece.

The prisoners called six witnesses who all gave them a good character.

DAVID MASON , GUILTY .

Transported for fourteen years .

ELIZABETH BIGGS, NOT GUILTY .

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

Reference Number: t17890603-83

487. JAMES BAXTER was indicted for stealing, on 30th of April last, one silver pint mug, value 20 s. and two silver half pints, value 19 s. the property of John Edwards .

JOHN EDWARDS sworn.

I live at Lambeth , I keep a school , I lost one silver pint and two silver half pint mugs; I saw them on the Wednesday night, we used them at supper-time; I never saw them afterwards, till I saw them at the magistrate's on Friday morning.

JOHN FREER sworn.

On Thursday the 30th of April, about four in the morning, I saw the prisoner coming up Fish-street-hill, with his pockets full and his hands on them, I looked at him, and he looked at me and mended his pace, and I ran after him and took him, and found these mugs in his pockets; I enquired about St. George's Fields, and heard Mr. Edwards had lost some pots, and he described them to me; the prisoner said if I would let him go, he would give me the mugs.

Did you see any name on the mugs? - I saw done on the mugs, but did not know what it meant.

(Deposed to by the Prosecutor.)

PRISONER's DEFENCE.

On the evening before I was with a Mr. Young, and he said he would give me a letter to go into the hospital; and on that morning I called on a man for eighteen-pence he owned me; coming by the Asylum I saw three men talking together, and they went away; and I went to the place and saw these mugs lying on the ground covered with a napkin.

GUILTY .

Imprisoned twelve months .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17890603-84

488. THOMAS CARROL was indicted for stealing, on the 11th of May , one cloth coat, value 5 s. the property of George Faire .

GEORGE FAIRE sworn.

I am a carpenter ; I lost a coat on the 11th of May, about three o'clock in the afternoon, out of a new house in Cammomile-street; I was at work in the kitchen, and I came up stairs and just turned round and saw the prisoner going out of the door with the coat on his back; I took him directly at the step of the door; I knew the coat directly, it was a blue one; I had it sometime; the prisoner said nothing, but grumbled.

THOMAS GRIMES sworn.

I am a constable.

(Produces the coat.)

PRISONER's DEFENCE.

A man said he would give me six-pence to put it on my back to let him brush it, and when I had put it on, he went away.

GUILTY .

Whipped .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17890603-85

489. THOMAS WADE and PETER GRISLEY were indicted for stealing, on the 7th of May last, one wooden butt bound with iron hoops, value 20 s. the property of John Phillips .

(The case opened by Mr. Silvester.)

MARY FISHER sworn.

I live at No. 4, Winchester-court, Monkwell-street, I know Grisley, he lived next door, and I know Wade to be a brewer's servant ; in March last on the 11th I heard a dray stop at the end of the court between eight and nine in the evening; I stepped to the end of the court thinking it was my husband, and I met a man rolling up a butt, apparently it was Wade; I went to the bottom of the court and saw it came from Esquire Phillips's dray; Grisley was assisting him, they rolled it towards Grisley's house; I saw no more, I went to my own house; Mr. Phillips's clerk came about three weeks or a month afterwards; the night afterwards I heard a noise of sawing in Grisley's Cellar.

Mr. Garrow, Prisoner's Counsel. Your husband is a drayman? - Yes, for Mr. Calvert.

Did you say anything till Mr. Phillips and the clerk came? - No; I never had any quarrel with Grisley or his wife in my life.

Do you know Mr. Burgess? - Yes, I know him to be a bad man.

Has not Grisley an open cellar, as other bricklayers have, for holding lime in? - I don't know, I never saw any thing but a little mortar.

Had you any quarrel with either of the prisoners? - No, I never said anything to Wade.

How came you not to go to Mr. Phillips's? - It did not belong to Mr. Calvert or I should let them know.

SOPHIA WAKELAND sworn.

I live in Winchester-court, I know Grisley, I do not know Wade; I saw a butt rolled up the court one evening between eight and nine o'clock, I do not know who rolled it up, it was dark, whether more than one man I do not know.

Mr. Garrow. Has Grisley a cellar as other bricklayers have? - Yes, he has.

How long have you known Mr. Fisher? - Half a year.

Do you know Mr. Burgess? - Yes, he is a troublesome man, I know him for nothing else.

Do you know a man the name of Driver? - No.

Will you swear it? - I never did.

To Fisher. Was Wade a lodger of Grisley's? - No.

SUSANNA RICHARDSON sworn.

I live in this court, I saw a butt rolled down the court; I do not know who it was rolled it down, it was put in Grisley's cellar; there was only one man rolled it.

ELIZABETH DAVIS sworn.

I live in this court, I saw a butt rolled up the court, but I don't know the person who rolled it up; Grisley has a cellar in which he puts his materials; it is almost always open; Mr. Swinnerton used to keep butts down there; Grisley is a good neighbour.

THOMAS WALLIS sworn.

I am clerk to Mr. Phillips; I went to Winchester-court with Beeby and a constable to Mrs. Fisher's, and Grisley, and I went into Grisley's cellar; I found nineteen butt staves, the constable has got them.

Mr. Garrow. Was Grisley at home? - No.

What was there in the cellar? - The staves were concealed under some laths, and some lime was there and some washing tubs.

PAUL BEEBY sworn.

I am clerk to Mr. Phillips, I was at Grisley's when the staves were found, they were delivered to the constable; Wade was a drayman to Mr. Philips.

SIMON CASEBY sworn.

I am a constable, I went into this cellar with Wallis and Beeby.

(Produces the staves.)

Deposed to by James Sleap , Mr. Philips's cooper.

PRISONER GRISLEY's DEFENCE.

I have kept this house five years, I have two large cellars, I let one of the cellars to Mr. Swinnerton to put beer in; Wade lodged with me, and brought a large oak chest, about four feet long, which I suppose the woman thinks was a butt.

ROBERT BURGESS sworn.

I live in this court, I know Mr. Fisher, I heard her tell my neighbour, since Grisley was in custody, it would be a fine thing to transport Wade, then my husband will get his place, and get more money than he does now.

Mr. Garrow. Is she a woman to be believed on her oath? - I should not, if I was a juryman, believe her on her oath.

What character has Grisley? - A very honest upright man.

Mr. Silvester. How long have you lived in this court? - Two years; I lived in Dobey-court before this, I kept a house in Aldersgate-street of fifty or sixty pounds a year; I lived in the Old Bailey, opposite here.

Where did you go to from the Old Bailey? - I went to live in Long-lane.

How long did you live there? - About three years.

Have you not threatened Mrs. Fisher? - No.

Have you not said you would do for her? - I do not believe I ever said so.

Upon your oath did you never say so? - She abused me, and I might say something in return to her, but I don't know the words.

Will you swear you did not? - No.

You have not had any conversation with that woman? - Never, to my knowledge.

Then you have never said any thing to her about coming here? - I never conversed with her before.

Then you never had any conversation with Mrs. Fisher about her coming here? - No, I know better.

Then you was not much acquainted with Mrs. Fisher? - No, not the least in the world, only as a neighbour.

Did you ever see her in a court of justice? - I once saw her before one of the aldermen.

Not upon this subject? - Oh! yes, I saw her before my Lord Mayor.

Then you had no particular connections or acquaintance with her? - I never spoke a word to her at that time.

Had you any particular acquaintance with her at that time? - No,

Had you any particular acquaintance with her before this time? - No, Sir, never.

Then how dare you in a court of justice to swear that she ought not to be believed on her oath? - The reason I give is, she is a very drunken bad woman, and I should be sorry my life should lay in her hands.

Mr. Garrow. Two or three nights ago, it seems you had been abusing one another? - I never conversed with her in private conversation.

I understand that a night or two ago, you and this woman had some quarrelling on this subject? - Yes.

In that conversation you say you abused one another, and you cannot tell what she said? - I cannot.

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

Counsel to Mrs. Fisher. You know Burgess? - Yes; on the 27th of May I was sitting with two children that I have ill of the measles, and Burgess came home about half past twelve at night; my husband was in bed, he called out Fisher, Fisher; you black-faced b - h, where is your jackass fellow, you b - h? I said in the counter; he said then, you will go to the Old Bailey, you b - h; I said, please God I will; he said then, you b - h, I will do for you; one Mrs. Wood and her husband, that has now the care of my two children, heard the words; she is not here.

Mr. Garrow. He called you a great many abusive names? - Yes, he did.

Did you give him a word or two? - Yes, certainly I did, I called him as he called me; he called me b - h, and I called him dog.

If I do not mistake you must have the best of it, your tongue seems pretty glib; did not he say he would come and blow you up? - No, Sir.

He would do for your evidence? - No, Sir; he got ground of me.

Do you think so? - Yes.

I do not think that; was he drunk or sober? - Between both.

Court to Sleap, the cooper. Do any part of those staves appear to have been sawed? - No, not the staves, the heads might.

BOTH NOT GUILTY .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17890603-86

490. The said PETER GRISLEY was again indicted for feloniously receiving on the 7th of May last, a wooden butt bound with iron hoops, value 20 s. the property of John Philips , which had been feloniously

stolen by certain ill-disposed person, to the Jurors unknown .

NOT GUILTY .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17890603-87

491. MARY COCHRAN was indicted for stealing, on the 5th day of May , one cloak value 20 s. the property of John Smith .

NOT GUILTY .

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

Reference Number: t17890603-88

492. JANE HOPKINS was indicted for stealing, on the 25th of May last, a silver tea-spoon, value 2 s. the property of Christopher Yeward .

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17890603-89

493. FRANCIS DAVIS was indicted for stealing, on the 2d of January last, a variety of wearing apparel, value 44 s. the property of Charles Watkins .

NOT GUILTY .

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

Reference Number: t17890603-90

494. JOHN GLOVER was indicted for stealing, on the 3d of June , a ring with a hair device set in gold, value 22 s. the property of Henry Robins .

- LAWSON sworn.

I was left in care of Mr. Robins's saleroom at Covent-Garden ; I was in the saleroom, the prisoner came in and asked me for a catalogue; he asked me for the ring, which was lot 111; I gave him it to look at, and he kept it, and about two minutes, I asked him for it, and he said he had not got it, and had given it back again; I took hold of him, and he put his hand in his waistcoat-pocket, I thought he put the ring in, I sent to Bow-street, and Thomas Pearce came, and asked the prisoner several times for the ring, and he said he had not got it, he was stripped and searched; he pulled off his gloves himself, and threw them on the floor, and the man looked in the glove, and found the ring in it.

Prisoner's Counsel. He did not attempt to go, old he? - No.

JAMES COX sworn.

I happened to be at the room looking at some goods when the prisoner was asked for the ring; he said he had returned it, and had not got it, he was stripped to his shirt, I took up his gloves from the ground, and one of them dropped; I asked him frequently if he had it, or knew any thing thing of it, and he said no.

Court to Lowson. What sort of a ring was it you gave the prisoner to look at? - A hair device ring, I never looked particularly at it, but I know it again; it has letters round it, I never read it, I saw the letters round it, it was lotted and had a ticket on it; it says a hair device ring, the letters I know nothing about, it is a lock of hair, I know nothing of it, but from the description of the catalogue.

Is that the ring (shewing him a ring)? - No, this is not the ring, the ring lost was a larger ring.

Look at that then? - No, that is not the ring, it had no letters in the middle.

What think you whether that is the ring or not? - This is the ring; I know it by the hair in the middle.

THOMAS PEARCE sworn.

I was sent for to Mr. Robins's room; the prisoner was there, I asked what was the matter; I told him, young man, why do not you give it them again? says he I know nothing at all about it, for I restored

it again; says I, do not tell any stories, you will get yourself into trouble; says I, I must strip you into your shirt; he pulled off his shoes and stockings, and breeches, his coat and waistcoat; and I said, why do not you pull off your gloves? and he pulled off his gloves, and threw them on the floor; Cox took up one of the gloves, and he threw it on the floor, and it rung, and I said there is the ring, and I saw the ring found in the glove, in the inside of the glove; when first I came it was in the ball of his hand.

Prisoner's Counsel. You could not see through the glove? - No I did not.

Doctor JOSEPH HART MEYERS sworn.

I am a physician, I live in John-street, America-square; I have know the prisoner some what about two years, I have attended him in the character of a physician, I cannot speak to his character at all, only attended him as physician; I was called in to him about two years ago, under a great delirium; he had every symptom of insanity; I have not attended him since; but after attending him four or or five weeks, his fever yielded to the treatment we administered; but there was a degree of idiocy which remained, a perfect fatuity, absolute fatuity.

Court. You attended him; how long did you attend him after his fever had abated? - His fever intermitted and returned with as much severity as at the first: I attended him after his fever was removed, and there was a degree of fatuity remained, and idiocy, and a want of recollection in his conduct that convinced he was not recovered.

Is it not common for a state of weakness and wandering of mind to remain for some time after a fever, for a delirium to remain? - Yes.

Were you able from attending him for a week after his fever had left him, to form any judgment whether his disorder was of a permanent nature or not? - From his having been deemed incurable by other professional men, I was convinced his disorder would not yield to the treatment; I believe his disorder was of the kind called idiocy; I frequently met him in the street, and he appeared the same; he had a ticket I believe from St. Luke's, to which I recommended him.

SOLOMON DE BAS sworn.

I am not his apothecary, I never attended him; I knew him; he was along with me about two years ago in the country, he had a very great fright by St. Edmund's-bury, by some thief that there was on the road; we were travelling on the road together, and we were coming by St. Edmund's-bury, and there were some thieves, and we were both frightened together.

Court. Do you mean that he was so frightened, hearing that there were thieves on the road, that he lost his senses; did you lose your reason by being frightened? - I know the reason why we were frightened, because there were thieves on the road; I did not lose my senses, but he was frightened out of his wits; I desired him to be blooded, and ever since he was so.

Prisoner's Counsel. You had no senses to lose.

DANIEL JACOB DE CASTRO sworn.

I have know him a considerable time, some years; I am secretary to the Jewish communion; this man's friends applied for relief, in consequence of his being in a state of lunacy; I looked back to my books, and I found that in consequence of that two guineas were granted March was a twelvemonth; I saw him in a state of melancholy so late as February, I went to carry some charity to him; an unfortunate accident had happened to him which rendered him worse; a child of his was burnt to death, he was sitting with his wife big with child, and he in a state of insensibility, and I have observed him frequently since in the very same state; he had the appearance of a man whose mind was not right; I knew him before, a sprightly young man, I knew no harm of him, but I knew him at that time.

BENJAMIN DECASTO sworn.

I attended this young man with Dr. Meyers; I attended him four or five weeks, I found him in a state of delirium, when that delirium went off, he was quite an ideot; it appeared quite a perfect idiotism, I looked upon him incurable, not only me but Dr. Meyers pronounced him so; I have seen him lately, he was then in that state.

Court. You saw him lately did you? - Yes.

Where? - At his house.

How long were you with him? - Not long.

How long? - It might be about a quarter of an hour; his wife was ill, and I went on that occasion, his wife sent for me, he was in the room at the time I was there.

What conversation had you with him? - I asked him how he did, and he did not give me a proper answer, and I judged his mind was the same.

What answer did he give you? - Upon my honour I cannot take upon me to say the exact words, but I know he did not give me an answer agreeable to what I asked him, I cannot tell you what sort of answer.

How came you to judge it not a proper answer? - I knew he did not give me a proper answer.

Why not? - I remember it was not, and I have seen him since that in the street.

Had you any conversation with him? - None at all, I judged of the state of his mind, by his raving about, jumping about the street; not walking in a manner that a man in his senses should do, he walked in a harum scarum manner.

Now describe a little? - Just as a madman does.

I really do not know how a madman walks till you tell me; I want to know? - By his raving and jumping about.

Did you see him jumping? - Yes, about the street.

In what manner, do describe a little? - Why, jumping from one place to another.

By himself, or with anybody? - By himself.

Where was he jumping? - Why, it was at Bethnal-Green that he was jumping about.

What to try how far he could leap? - I do not know, I do not recollect that anybody was with me, but I know he was by himself; I had no conversation with him then, the last conversation I had with him was at his own house; I asked him how he did, and I do not recollect what his answer was, but it was not a direct one.

Do you think that every man that does not give a direct answer is mad? - No, certainly not; I think that the answer he gave me was not a direct one.

You cannot tell us anything like his answer? - No, I cannot.

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

Reference Number: t17890603-90

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 3d of JUNE, 1789, and the following Days;

Being the FIFTH 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 V. PART VII.

LONDON:

Printed for E. HODGSON (the Proprietor) And Sold by J. WALMSLAY, No. 35, Chancery Lane; 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 Glover .

ISAAC SAUL SILVAREZ sworn.

I am clerk of the Portuguese Synagogue, I have known him many years; I never heard anything at all against him, his character was good about two years ago, he had been deranged in his mind; he has continued in a state of insanity, after the first violence was over; and was put on the lift of the poor, because from his idiotism he was not able to support his wife and family, and once they brought him to the synagogue, and he ran about and threw himself down like a madman; that is about eight months ago, and he continues so still.

Jury. What was he before? - He used to deal in drugs, to the best of my knowledge.

ABRAHAM BALASCO sworn.

I am a watch instrument-maker, I have known him ever since he was a little boy, a very honest young man as any in the world; I nursed him in his disorder about five or six weeks when he had this disorer quite raving; I met him three weeks ago, says I, how are you, he looked in my face and laughed, and would not give me any answer.

MESHOD BELLISLE sworn.

The prisoner had a very good character; I went to see him when he was very ill; I assisted to nurse him several times; when I asked him one question, he answered me another; I asked him how he did, sometimes he laughed, sometimes he answered me contrary, he appeared to be in a sulky manner like.

Court. What appearance of sulkiness had he? was it from his laughing you concluded him to be sulky? - I could not get a word from him.

JOHN SEXTON sworn.

I have known him fourteen months, very honest I believe, and supported his family; I looked upon him to be out of

his mind, from his manner of acting in the shop; I never saw anything dishonest of him.

PROSPER BOTTIBO sworn.

The prisoner's name is Judah Bottibo , the prisoner is the man, he is my own brother.

How long has he gone by the name of John Glover ? - Never to my knowledge, I never knew him by that name; he has been out of his mind two years ago; he went out one morning after his living to maintain his family, and was quite out of his mind; he has been supported part by the synagogue and part by me.

Was he in a state of mind, so as to be able to take care of his family? - No, he was not.

How long before this happened did you see him? - I saw him the day before; he never was perfectly in his mind, since he was taken; he was not in his mind then.

Court to Lawson. How came this man to be indicted by the name of John Glover ? - When he came to the bar at Bow-street, they asked him his name, and he said his name was John Glover ; he was examined before a magistrate, and said he was a Jew; he did not give much account of himself; when he came into the room, he walked round the room, and asked for a catalogue and looked at the things.

Did you observe any thing particular in his behaviour different from other men? - No, I did not.

When he was before the justice, how did he behave himself? - Just the same as he did in the room.

Court to Cox. In what manner did the prisoner behave? - I did not observe him, till they were going to stop him.

When they did stop him, in what manner did he behave? - He stood still and said nothing till I asked him what he had done with the ring; and he said he had returned it back, he had not got it, so he said to the constable, I observed nothing in his behaviour that had the appearance of either a madman or an idiot; I was present before the justice, when he was examined, he behaved the same as he did in the room; Sir Sampson asked him what profession he was, he said no profession; his father was a jew, and he was born in Gibraltar; he said very little more.

Jury. How long was he examining these articles before you missed the ring? - About three minutes, he had in his hand a catalogue and looked at the catalogue.

Did he behave like any other person? - Yes.

Were there rings of more value? - There was no diamond rings.

(Prisoner's Counsel looks at the Catalogue.)

The next article but two is a brilliant ring, and soon after a diamond pin and diamond locket.

The Prisoner's Brother. Please to enquire how he has behaved since he was in confinement.

Owen. I have seen him once or twice, he was committed only the day before yesterday; he seemed to be very stupid since he has been with us; I have taken no further observation of him.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Court. Upon the ground that this man has been acquitted by the jury, care should be taken of him.

Mr. De Castro. I shall take care of him, he shall lie in close confinement; it is out of foolish humanity to let him go at large; I shall certainly take care that he is either put into Bedlam, St. Luke's or a private madhouse.

Reference Number: t17890603-91

495. RICHARD HUMPHRIES , WILLIAM BROMFIELD , and CHARLES ANKLE were indicted for feloniously assaulting, in a certain open place, called St. James's Park , Joseph Perrin , on the 16th of April last, and

putting him in fear, and feloniously taking from his person, and against his will, one linen handkerchief, value 12 d. a silver watch, value 40 s. a stone seal, value 18 d. a base metal watch key, value 2 d. a steel watch key, value 2 d. and six-pence in money , the property of the said Joseph.

JOSEPH PERRIN sworn.

I was robbed on the 16th of April last; it might be twenty minutes or half an hour after eight o'clock, I was returning from Hammersmith, in the Green park, coming from Hyde-park, towards the corner of Buckingham-house, I saw two men coming towards me; they appeared to come very gently, and I was walking very gently along; they had hold of each others arm, and were as close together as they could be, and as near the rails as they could be, when I first saw them; when they got very near me, they seemed to lean down towards me, I thought they were fuddled; then giving a little way like, I spied a third just as I was stepping round that they should not jostle against me, he was behind them, I could not see him till I came round them, not looking particularly; he was in a red jacket, the other two in light ones; whether they struck at me, I cannot pretend to say, or whether they meant to catch hold of me, but they tore my shirt down the back, and swore, if I made the least noise or resistance they would murder me that minute; then they took my watch and sixpence in money, they took it out of my pocket; the fellow handkerchief to this (shewing one) they took from me; it was in my hand, and with their getting from me, they snatched my handkerchief, and said, d - n him, I have got his handkerchief, or d - n him, it is a d - d good handkerchief; they shook my handkerchief after they got a yard or two from me; then after going a few paces, one of the men in the light-coloured jacket turned round and said, if I made any sort of alarm, they would come back and murder me; I stopped a few minutes, and a young man and woman came up; I asked them if they had seen any body; they said they had seen three soldiers, and wished them a good night; I told them I had just been robbed by three soldiers; and I said at Bow-street I could not swear positively to any of them, the handkerchief was found with my name in it, by the duplicate, about ten days after I lost it.

SAMUEL MAYNARD sworn.

I had orders from the magistrates of Bow-street to attend the Park, there having been many robberies committed some time past; on Monday night the first of May, I attended the Green-park, and about nine I saw somebody coming up by himself, that was the prisoner Ankle, we stopped him and searched him, there was nothing upon him; I took him into custody, he said he was going to Kensington; and about a quarter of an hour after, I met the other men in company together; on searching them I found a duplicate of a handkerchief on Bromfield, pawned for six-pence; the next morning I gave the duplicate to one of the men that was with me, whose name was Holmes.

RALPH HOLMES sworn.

I was out with the party with Maynard, he gave me the duplicate, on the 2d of May, I went to Mrs. Vandenburg's where the handkerchief was pawned, and found it there; there are marks upon it.

(Handed to the Court.)

Court to Perrin. What mark had your handkerchief? - J. P. on the corner.

What colour was it marked with? - Blue, or purple; here are two fellow ones, I have seven of them.

Is that your handkerchief? - Yes.

ELEANOR VANDENBURG sworn.

I was not at home when Holmes came in, I only know by the duplicate; I cannot swear to the handkerchief.

Court to Holmes. What did you do with

the handkerchief? - I left the duplicate and the handkerchief with Mrs. Vandenburg.

MARY VANDENBURG sworn.

Holmes has the duplicate, I gave it him again the day he fetched it out, it was pledged the 27th of April, he wanted the duplicate to go to the Justice, I gave it him immediately with the handkerchief.

Court to Holmes. Why did not you say so? - I did leave it with her, and she gave it me again, at least her daughter did.

Court. Let the two Vandenburgs go out of court.

Court to Holmes. You went for this handkerchief, and you took the duplicate that Maynard gave to you? - I did.

What did you do with it? - I gave it to Mrs. Vandenburg.

Who gave you the handkerchief? - Mrs. Vandenburg; then I went back to Bow-street, leaving the duplicate with her.

How did the duplicate come into your hands again, and when? - I found I had done wrong in taking the handkerchief out, and went myself back immediately with one of the officers from Bow-street, I got the duplicate back from Miss Vandenburg.

Where does Vandenburg live? - In King street, Westminster; when I came back I saw Mrs. Vandenburg and her daughter, and got the duplicate from Miss Vandenburg; she came to Bow-street with me.

Was the old woman present when the daughter gave you the duplicate? - She was, and one Mr. Townsend that went along with me.

Was the daughter there when you went first, and got the handkerchief? - No, I believe she was not.

How do you know it to be the same? - I took very particular notice of it, and I know it is the same by a particular crease it had in the corner of it.

What was the duplicate for? - It was for a handkerchief.

What date was the duplicate? - The 27th of April.

(The duplicate handed to the Court.)

Have you had it ever since? - I have not; Mr. Maynard, to whom I gave it and received it from; he has kept the duplicate and I the handkerchief, I received it in court from Mr. Maynard.

Court to Maynard. Did you get the duplicate back from this man? - After the examination of this man, the magistrate ordered me to keep it.

Did you get it from him at the magistrate's? - Yes, I have had it ever since, till I come into court now.

(Mrs. Vandenburg called in.)

When that man came and got the handkerchief from you, what did he do with the duplicate? - He gave it me, and I gave him the handkerchief.

What did you do with it? - I believe I put it into the drawer with the rest of the tickets, but am not sure.

What did you do with it afterwards? - Afterwards that man came back for it, and my daughter gave it him.

Was you present? - Yes, I think I was.

How did your daughter find it among the others? - It was easy enough, they was only just put together.

How did you know it was the same? - Oh! Sir, very easy, there was none like them, nor none of the name.

How do you know that? - They cannot be alike, they are of different dates, and of different things.

But till you read them, how can you know one from another? - Sometimes I write one, sometimes my daughter writes one, sometimes the man writes one; I can find any particular duplicate, if there was ever so many, they are always matched together, there was one to match it by; the man gave me the duplicate, and I had the

duplicate and the handkerchief; she found it by the hand-writing, and the things, it was her own hand-writing; I cannot say I examined whose hand-writing it was before I put it in the drawer; I believe my daughter was by when I put it in the drawer; but I am not sure, nor I am not sure whether I put it in the drawer.

Then where was it when the man came back for it? - My daughter had it and gave it to him; I cannot really say whether she had it, or took it out of the drawer from among the tickets.

How do you know that the duplicate your daughter gave back to Holmes, was the same he gave to you? - Yes, I am sure of it; I knew it by the hand-writing, when he fetched out the ticket he brought it to me, and it answered to the ticket of the handkerchief; then I knew it was our own ticket, I knew it was honestly come by; I did not observe it.

Unless you took particular notice of this before you put it into the drawer, how do you know you took the same out? - Yes, I knew it very well, that I took the right one out; I knew it by the name, and what it was, there was never another ticket of that name in the drawer; there is no other handkerchief for six-pence, I dare say.

What was the name? - Brumpton.

Was there any other of the name? - No, Sir.

( Eleanor Vandenburg called in.)

Was you in the shop when Holmes the officer came back for the duplicate? - No, Sir.

Then you do not know how he got it again? - I gave him the ticket, my mother called me down stairs.

What did she call you for? - Because I took in the handkerchief; I understood that he came for me to go to Bow-street.

Who gave him the duplicate? - I gave it him.

Where did you get it? - My mother gave me both the tickets together on the day the man came.

What time of the day? - When he was there my mother gave me the ticket; I did not see him at all when he come first; when he came the second time, my mother called me down, and I understood that Holmes had been before and took the handkerchief out, and left the duplicate; when Holmes came a second time, another of the runners and he came together, and said the person that took in the handkerchief must come to Bow-street, and my mother on that called me down, and they said I must take the ticket, and my mother gave me the two tickets into my hand, and Holmes said he must have the ticket he brought the first time.

Your mother had not given you the ticket till Holmes came back the second time? - No, I cannot say where she took them from; the came into the parlour, and gave them me out of her hand; I gave one of them to Holmes, the other I have here.

Read the one you have got? - 27th April, 89, a linen handkerchief, six-pence: Mrs. Bromfield. There is nothing else on this.

Court. But there is something else on this? - The girl did say Mary Bromfield , to me; I took in this handkerchief on the 27th of April of one Davis, I believe it is Elizabeth Davis, I gave her that ticket, (the other duplicate handed to the Court) they are both my hand writing.

What is the meaning of 21 on one of them? - The number of the book in which it is entered; that we only put on the duplicate we keep.

Court to Maynard. When you gave Holmes the ticket to go and fetch the handkerchief, did you take any particular notice of the ticket? - I did not mark it, I did not send him for the handkerchief, only to go and see whether it was marked with the letter; I took very particular notice of it to the date and to the writing, so as to know it again; I could not make out whether it was Mary or Mrs. Broomfield; I can say that the duplicate that was brought back, was the same; I am sure of that.

Prisoner's Counsel. There is nothing particular on that duplicate? - No, nothing.

Therefore you swear positively to that ticket though there is nothing particular upon it? - No, I do not swear positively.

ELIZABETH DAVIS sworn.

Court to Mrs. Vandenburg. Is this the young woman that pledged the handkerchief? - It is.

Did you pledge a handkerchief with Mrs. Vandenburg? - Yes.

Did you take a ticket with it? - Yes.

Can you read and write? - No, I cannot.

Where did you get that handkerchief? - William Ruffle gave it to me.

When? - On the 27th of April, to pledge; I gave him the duplicate and the six-pence back again.

Should you know the ticket again? - No.

Prisoner's Counsel. Where did William Bromfield get that handkerchief? - He told me it was Humphries's handkerchief.

Did not you see where he took it from? - He took it out of Humphries's coat-pocket; he told me to pawn it for as much as I could have for it, that he might take Humphries the money on guard.

Humphries lodges in the same house with you? - Yes.

You saw him take it out of his coat.

Mr. Peat. What does he lodge in the same house with Humphries? - Yes.

Where was you? - Up in Bromfield's room.

Then you went from that room to the other? - No, I was not in the other.

How do you know where he took it from? - Humphries's old coat was on the bed in Bromfield's room, and he took it out of the old coat pocket; I know it was Humphries's coat, because I saw him have it on that morning before he went on guard; I saw him have it on oftentimes.

Did you never see the other man have it on? - No.

Do you know who put the handkerchief there? - I do not know, but Humphries had it in his hand the day before; I lived with Bromfield almost a week; I do not know how it came into the pocket, only I saw Humphries have the handkerchief in his hand the day before, no other things where in the room where I lived; Humphries took the coat into Bromfield's room, I saw him.

Court. Did you ever hear Bromfield and Humphries talk about this handkerchief? - No.

PRISONER BROMFIELD's DEFENCE.

I never gave that girl a handkerchief in my life, I never saw the handkerchief before.

PRISONER HUMPHRIES's DEFENCE.

I should be very sorry to leave any of my clothes in charge of a woman of her character; I went out the 18th, and came home the 25th; I had taken my room, I took a different room, and took my clothes knapsack, and every thing into a different room; I never had any thing in her charge.

Prisoner Bromfield called four witnesses who gave him a good character.

Prisoner Humphries called five witnesses who gave him a good character.

Mr. Peat. On behalf of Ankle, there was no evidence against him; I do not know why he came here, for there are no less than two surgeons of eminence to prove that he was in the military hospital at the time.

ALL THREE NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17890603-92

496. DAVID COLEMAN was indicted, for that he, on the 28th of March last, feloniously and falsely 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 order for payment of money, dated London, March 27th, 1789, with the name Richard Hill there to subscribed, purporting to have been signed by Richard Hill of Southampton-street, directed to James Martin , Esq. and others of London, bankers and partners, by the name and description of Mess. Martin, Stone, Foot and Porter, for 60 l. to Mr. J. Field or Bearer , which said order for payment of money is in the words and figures following; that is to say,

"London, 27th of

"March 1789. Mess. Martin, Stone,

"Foot and Porter, pay Mr. J. Field or

"bearer sixty-pounds, Richard Hill. 60 l." with intention to defraud the said Richard Martin , John Stone , John Foot and James Porter .

A second Count, Charging him with uttering the same, knowing it to be forged, with the like intention.

A third and fourth Counts, The same as the first and second, only with intention to defraud the said Richard Hill .

The indictment opened by Mr. Knapp, and the case by Mr. Garrow.

RICHARD HILL , Esq. sworn.

I have a release from the house of Mess. Martin and Co.

(Proved by James Wimbolt .)

Mr. Knapp. You had some dealings with one Mr. Baverstock a china-man, in St. Paul's Church-yard? - Yes, I cannot tell the time.

Court. Which of the Mr. Baverstock's? - I presume he is a china-man, in St. Paul's Church-yard; I bought it without knowing who I bought it of, I did pay for it.

Was it that Mr. Baverstock? - It was of a man who called himself Baverstock; I gave an order for the money 29 l. the order was upon Martin and Co. I do not recollect the day, but it is of my own hand writing, and it will express it if you wish to know particularly, I will tell you.

Mr. Garrow. Did you ever give Mr. Baverstock any other order? - Never in my life.

Mrs. BAVERTSOCK sworn.

I understand your husband keeps a china warehouse in St. Paul's Church-yard? - Yes.

Do you know any thing of Mr. Hill's coming there and giving an order for any goods? - Yes Sir.

How did he pay for them? - The time Mr. Hill paid for them, I was ill in bed.

Do you know what became of the draft that he gave, of your own knowledge? - No.

- ADAMS sworn.

I am clerk to Mess. Moffat, Kennington and Co. I have a draft for 100 l.

(The draft shewn to Mrs. Baverstock.)

Mrs. Baverstock. This was given to me from Mr. Yeates.

Do you know who was sent to receive that draft for 100 l.? - I do, I sent the prisoner at the bar, David Coleman , he was porter to us.

You are sure of that? - I am sensible of that.

When did you send him? - The day after his Majesty went to St. Paul's.

How do you know the draft again? - I know no further than by seeing the writing before, but I imagine it is the same, I sent a draft of Mr. Yeates's to Mr. Yeates's banker; who his banker was, I cannot say; I was in the parlour when the prisoner came back, he came into the parlour, and said, Madam, here is the 100 l. he laid down before me a 50 l. and 30 l. and two 10 l. bank notes; I did not rise from my chair, but says to him, David, put them into that drawer into your master's desk, he will be in, in a few minutes; he did so; Mr. Baverstock came in soon after; he directly said, is David come in? I said yes, there

is the money in the drawer; he took out the bank-notes and wrote his name on the back of each; I said to him why do you do so, why? says he, I am but a new beginner in business, and I wish my friends when they see bank-notes, may see my name upon them.

Do you know to whom they were paid? - No, I know no more of them after I saw my husband put his name on them.

Did you send any other draft of 100 l. of Mr. Yeates's, or any other person's? - No.

Prisoner's Counsel. How long has this young man lived with you as a porter? He has lived in my first husband's time, backwards and forwards eight or nine years; I should not have trusted him if I had any suspicion.

I believe he assisted you in some things after the death of Mr. Butler; he did assist you with money at that time? - He has brought me money to assist me and my children.

Court. How much? - Five guineas, and ten pounds after, he had weekly wages a guinea a week.

Had he any other mode of getting money? - I do not know.

Did he deal in china at all? - He might for what I know.

Had you been at that drawer the day before? - I am sure I cannot say.

Then how could you tell what had been in that drawer, if you had not been at it? - We had not money to make a payment, I think it was 49 l. but I am not sure, I can say positively, that we had not six guineas.

Mr. Garrow. When had you looked into that drawer? - The morning before.

JOHN BAVERSTOCK sworn.

I am a china-man in St. Paul's Church-yard, on the 27th of February Mr. Hill gave an order for some china, and he gave me a draft for 29 l. 8 s. the eight shillings was afterwards deducted, that was upon the house of Mess. Martin, Stone, Foote, and Porter; I had occasion to make use of that draft, after six in the evening, a gentleman from the country called upon me, that I wished to make a payment to, when the bankers being shut, I desired my porter, the prisoner, to get cash for it in the neighbourhood; he went out and got the cash, and at the same time, he brought me a guinea over and above the cash.

In what way did he pay it you? - In gold, all in cash.

Did he tell you where he got it? - He told me, he got it of a Mrs. Barlow, that kept a public-house, near at hand; I begged he would go back to Mrs. Barlow, and tell her to be careful in future, for she had given a guinea too much; I sent him back with the guinea. I remember a draft of a 100 l. which was paid into my house on the 24th of April, the day after the King came into the City; that was a draft on the house of Moffat, the draft was paid into my house, I was not at home at the time; that was on the 24th of April, I knew nothing of that, till I came home and received the cash; I found a note of 50 l. one of 30 l. and two 10 l. bank-notes.

Were there any other bank-notes in the drawer at that time? - No other, I had no other in the house, at that time.

There was not? - There was no other but what I mentioned; when I saw those bank-notes, I was going to pay them to Mr. Maddock; Mr. Maddock had been at my house; I wished to send them to his bankers, but as I frequently do, I wrote my name on the back of them, it was late in the evening, Mr. Maddock desired me to take them to the house of his banker, at the same time desired me to ask for his book; I did so.

What payment had you to make to him? The payment of a hundred pounds.

Mr. Knapp. You did make that payment to him? - Yes, I did, by these notes, and he desired me to pay them into his bankers, Messrs. Harrison's; I paid them in there; I only wrote my name on the banknotes, I am sure these are what I paid into Messrs. Harrison's, the same that I found in the drawer.

Have you ever seen the prisoner write? - Many times.

You know his hand writing? - Perfectly well.

Prisoner's Counsel. You have had dealings with Mr. Maddock the attorney? - Yes.

Both before and since? - Yes.

Had you made him any payments shortly before this time? - Shortly before, and very near the time.

To any amount? - Yes, I paid him a bill, an acceptance of mine; drawn by Mr. Maddock, for two hundred and odd pounds.

How did you pay that? - In cash and bank-notes.

It was your custom to write your name on bank-notes? - Frequently so.

To whom had you paid that previous acceptance? - To Mr. Maddock himself.

Mr. Maddock gave you something in addition, for that 100 l? - Yes, I do not know what it was, I did not examine the paper.

But you know the amount? - It was fifty-two, or fifty-three pounds, including my hundred.

Of course you cannot tell of what that other cash, or money, or whatever it was, consisted? - I cannot.

How many days was it before this, that you had taken up your acceptance? - I cannot recollect; it might be a fortnight, or three weeks.

You, I suppose, had this entered in Mr. Maddock's books? - It was, I fetched the book way from the banker.

You say you had not much cash in the house that day? - I had no bank notes.

Are you certain of that? - Certain.

Had you any the day before? - That I cannot tell, I cannot say upon my oath I had or had not.

Had you any the day after? - That I cannot say.

Had you any in the drawer, the day before? - I cannot say whether I had any in the house the day before, or the day after.

How long was it after this 24th of April? - About three weeks or a month.

Now how came you to be sure, that you had no other bank-notes in the house, on that day, when you cannot tell whether you had any the day before, or the day after? - I wanted to make Mr. Maddock a payment of 100 l. and upon that score, I am sensible I had no bank-notes in the house.

Why did you want to make him a payment of 100 l? - Because I was indebted to him 100 l.

On what account? - If the Court ask me, I will answer it.

Do you think to get credit, by answering so? I assure I have no improper curiosity on the subject; was it on an acceptance? - It was a bill not due on that day, nor the day before; it was a bill paid to me, which I got discounted.

Was it a bill that was necessary to be paid on that day? - No, nor on the day before; it was no acceptance of mine.

Court. The meaning of this question, in this: whether it was a bill you wanted to pay that day? - Mr. Maddock called upon me that morning, and asked me if I could get him cash for a bill of 150 l. or a 151 l. or something of that amount, I told him. I had not cash enough, I got him cash, by a draft and cash.

Then it was not for a debt, but to accommodate Mr. Maddock? - Yes.

Had you no money due on Mr. Maddock the next day, or something about that time? - Not to my recollection.

Not to any body else, about that time? - I have bills coming due often.

Court. You say, this was to accommodate Mr. Maddock? - Yes.

When did Mr. Maddock apply to you for it? - That morning; about twelve o'clock, I got a draft for 100 l. for that purpose; the amount of that bill was 50 l. and odd, Mr. Yeates let me have it, Mr. Maddock had only 100 l. that day, that was a sufficiency for him, I let him have the remainder again.

Mr. Maddock paid in something to his banker? - There was a check, and a draft.

You told me just now, you did not know what it was? - I got a bill discounted for him, of Mr. Yeates, and I paid Mr. Maddock this 100 l.

When did you give Mr. Maddock the remainder of this bill? - Some little time afterwards, I cannot say how long, I believe to the best of my knowledge I gave him an acceptance of my own.

How long afterwards? - He drew upon me for the remainder, and I accepted the bill, I did not advance cash.

Mr. Garrow. If I understand you right, you are sure you paid in no bank notes, to Messrs. Harrison's, but those you indorsed, as the produce of Moffat's draft? - I am not sure; I paid into Mr. Harrison's all I found in the drawer.

THOMAS BEZAT sworn.

I am Clerk to Messrs. Martin, Stone, Foote and Porter, I produce a draft for 60 l. with the name of Hill, subscribed to it; I paid this draft, I have the entry in my book of the payment I made (turns to it); this is the original entry made by me at the time: (read) No. 5205, 29th of November 1788. 10 l. No. 4629, 10th of June 1788, 10 l. No. 2988, 7th of January 1789, 10 l. No. 406, 16th of September 1788, 10 l. and twenty pounds in cash.

Mr. Garrow. Are you sure you did not pay a 50 l. bank-note, as part of that? - Yes, I am very sure of that, I am very sure upon my oath, that I paid it as described, and no other.

What day did you pay it upon? - Upon the 28th of March last.

Have you any entry to whom you paid it? - None at all.

Have you any recollection to whom you paid that 60 l. draft? - I believe to the prisoner, to the best of my knowledge and belief.

I understand you not to be sure? - I cannot be sure.

Do you verily believe he is the person? - I do, I looked at him before, and I look at him now, and I believe he is the person, it is not the first draft I paid to him, I believe I have paid two, there was the 29 l. draft of Mr. Hills, I believe I paid it to the prisoner.

Are you able to say this: whether you paid the 29 l. draft, and the 60 l. draft to the same person? - That I cannot pretend to say.

How was the 29 l. draft paid? - Two 10 l. notes, and 9 l. in cash. No. 3636, 20th of September 1788, 10 l. No. 7507, 12th of December 1788, 10 l. and nine pounds in cash.

Prisoners Counsel. Yours is a shop of a great deal of business? - A banking-house.

There are a great many drafts paid in a day? - Yes, I cannot swear positively to the man; but to the best of my knowledge and belief he is the man.

There were many hundred people in your house that day? - No doubt of that; I have No. 406, the note I paid for the forged draft, with Mr. Baverstock's name upon it, three others are not yet come in.

Where did you get that cancelled note? - From the Bank of England.

Who did you receive it from there? - I cannot say who, but from the principal manager, who has these cases.

Court. That will not do? - Here I have 50 l. and 30 l. 7944, 6th of April 1789, 50 l. 8373, 9th of April 1789, 30 l. each of these have the name of Mr. Baverstock, exactly the same as the 10 l. which I paid for the forged draft.

DANIEL ADAMS sworn.

I am Clerk to Messrs. Moffat and Co. I have my book here.

Turn to your entry, and see the manner in which you paid Mr. Yeate's draft for 100 l. - I have not the least memory of the person to whom I paid it; on the 24th of April last, part bank and part cash, a bank note 7944, the 6th of April 1789, 50 l. No. 8373, the 9th of April 1789, 30 l. and twenty pounds in money.

JOSEPH PROCTER sworn.

I am Clerk to the house of Messrs. Harrison and Co. Mr. Maddock the attorney keeps cash at our house; on the 25th of April there is an entry, I told up the money on the 24th, in the evening; I am sure

it was the 24th in the evening: 151 l. 2 s. 6 d. paid in 10 l. No. 6183, 22d of October 1788, 10 l. No. 8373, 9th of April 1789, 30 l. No. 406, 16th of September, 1788, 10 l. No. 8879, 16th of April 1789, 10 l. No. 7944, 6th of April 1789, 50 l. and a draft 41 l. 2 s. 6 d.

Court. Now it appears upon this, that there was a 10 l. note more than the hundred.

Mr. Garrow. Do you know what became of these bank notes, that were paid in by this payment? - I do not know.

Court. You have spoke of five bank notes that have been paid in, had they all Baverstock's name upon them? - I cannot say.

Court. Look at this draft, and tell me whether it is your writing? - It is not, I speak from the writing, and having no knowledge of the payment.

Do you know any such person as the payee, Flood? - No, I know no person of that name.

And you never did pay any such draft? - I did not.

(Read.)

"London, 27th March, 1789, Messrs.

"Martin, Stone, Foote and Porter, pay

"Mr. T. Flood 60 l. Richard Hill. 60 l.

Court to Baverstock. You have seen the prisoner write? - I have.

Are you acquainted with his character of hand writing? - I am.

Whose writing do you believe that to be? - To the best of my knowledge, I believe it to be the writing of the prisoner; when it was first shewn to me, before the prisoner was taken into custody, I said I believed it to be his, and do think it was the prisoner's, I believe that to be his hand writing to the best of my judgment, I think it is.

Mr. Sheppard, another of the Prisoner's Counsel. That is to say, that from all the circumstances you know, you believe it to be his? - From his writing being familiar to me, I do.

Is it like his usual hand, the name of Richard Hill? - There are several letters that are like it.

If it was exactly as his hand writing is, he could not imitate the forgery? - There are some letters in it, which is very much like his manner of writing.

Why surely you do not mean to say, that you positively believe that to be his hand writing? - To the best of my knowledge it is; I cannot say upon my oath, that it is his hand writing.

Do you mean to say any more than this now; that you conjecture it to be his? - It is to the best of my knowledge of his hand writing, and I conjecture it to be his; there is a book in my shop, which he daily wrote in.

Is there any thing more like that, than a similarity of letters? - No Sir, I cannot say there is, the stiffness in the writing in general, is very much like his writing; he has not been with me above four or five months.

Court to Mr. Bezat. Have you the draft for 29 l. that you paid? - Yes.

Let me look at it.

(Handed to the Court.)

Court to Mr. Hill. Where did you write your draft for 29 l. - At Mr. Baverstock's house.

Who gave you the paper? - I do not remember, it was upon the desk in his inner room.

Who was in the room when you wrote the draft? - Mr. and Mrs. Baverstock was in that, or the adjoining room; who were in that part of the room, I cannot say, in the bottom part they were both, I wrote it in the inner room.

Were both, or either of them, in the inner room? - I cannot pretend to say, I gave the payment to Mr. Baverstock himself.

Was he with you when you wrote the draft? - I was busy at the time, he was in and out of the room.

Do you recollect who gave you the paper? - I do not, it was laid before me, and

I was not apprehensive of any consequences and I cannot recollect.

Do you recollect whether the prisoner was in the room? - I do not recollect.

Court to Mrs. Baverstock. Do you mean to swear, that this draft is in the usual hand writing of the prisoner Coleman? - It is very much like his usual common hand writing, many of the letters are.

Is it in general, like his common hand writing? - I cannot say the generality is.

Mr. Garrow. Look at this, and tell me if you believe this to be the prisoner's hand writing? - Yes, I believe it to be his writing.

Have you the same reason for believing this to be his hand writing, as you have to believe this draft to be his writing? - From the knowledge of his character, and the familiarity of his hand.

Do you believe this to be his hand writing? - Yes I do.

Court. How is the indictment, as to the name of Richard Hill? - Richd: with two dotts.

Mrs. BARLOW sworn.

I know the prisoner very well; on the 27th of February, I remember him asking me for cash for 29 l. I did not see it, for I could not give him change; I told him, I had not change to give him; he sat down in my bar, and gave the change out of his own pocket, all but a few shillings, which he borrowed of me, to the amount of about 10 s. or 12 s. to make up the change.

Did he say any thing to you on the subject? - No further than he said, he should tell his master, he had the change of me, by reason he did not like they should know he had cash by him, on account they might very likely often want to borrow; I never did change any such note, I have changed several bank-notes, but never any drafts; I delivered a bank note to Mr. Winbolt, I wrote my name upon it; this is the bank-note, I believe I received it from the prisoner, I think I did, I recollect very perfectly changing him a 10 l. bank-note the week before I delivered the note to that gentleman Mr. Winbolt.

Do you believe that to be the 10 l. note that you changed? - Yes, the note I wrote my name on, I believe it was his, I cannot recollect.

Had you any other 10 l. bank-note? - I cannot recollect, I cannot positively swear that I received that from the prisoner, but to the best of my recollection I believe I did.

Mr. Garrow. I want to shew that the prisoner received that at the banker's, No. 7507, William Newland , or bearer, dated 12th December, 1788, 10 l.

Prisoner's Counsel. You keep a public-house in the neighbourhood of Mrs. Baverstock? - Yes, I frequently change notes, if I had change I should have given it him; I gave that bank-note to Mr. Winbolt, the day the prisoner was taken up, I think it was, they asked me if I had a 10 l. bank-note.

Have you changed any other note in the mean time? - I cannot recollect myself, most likely I had, I would not positively swear to it.

HENRY MADDOCK sworn.

Mr. Garrow. We understand that on the 24th of April you had a money transaction with Mr. Baverstock; did you deliver to him a sum of money to carry with other money to your banker's? - Yes, I believe it might be about the latter end of April.

What was it you delivered to him to carry to your banker? - The sum made up and sent to the banker was 152 l. to the best of my recollection, I delivered a draft upon Vere and Co. for 42 l. and a bank note of 10 l.

Where did you receive the 10 l. banknote? - I really do not know, I have not the most distant idea where I received it; the only circumstance that induced me to believe that I took a bank-note and draft on Vere and Co. was, because I had just seen my banker's book; and I wish the Court might understand why I presume it to have been so; for I have it not in recollection whether it was cash or bank-note; I am not positive.

Have you any recollection at all whether on the bank-note you delivered to Baverstock his name was wrote? - I have no recollection of that.

If it had been there, do you think it would have struck your observation? - I have no recollection of it.

Court. You received some money, not a great while before this, from Mr. Baverstock, for an acceptance? - Yes, I did.

Have you any recollection whether you received that part in cash, and part in banknotes? - I think it very probable that this same bank note was what had been paid me before by Mr. Baverstock; it might or it might not.

THOMAS CARPMEAL sworn.

I apprehended the prisoner and searched him; I found upon him two keys, the key of the street-door, and the key of the room-door; he was asked what these keys belonged to; he said they were the keys of his lodgings, which was at Wild-street at his brother's; he went with us to his brother's, and searched the lodging, he pretended to lodge there; I forgot the street where he did lodge, but he said he lodged at his brother's since Christmas; I found that neither of these keys answered the purpose; I went afterwards with Mr. Winbolt to King's-head-court, St. Paul's Church-yard; I tried the key to the street-door, and the key opened it; we enquired at the barber's, where he formerly lived.

Mr. Garrow. Did you find any thing there that he has since claimed? - Yes, the other key opened the one pair of stairs door, there I found a 70 l. bank-note, including one bank post-bill; sixty-one guineas in gold, and two half guineas; the gold I returned, the bank-notes are here.

Did he tell you he had these lodgings in King's-head-court? - No, he went with me to Wild-street; he was asked whether he had any other lodgings; he said no, he lived in Wild-street; afterwards he owned the lodgings, and a number of things that were brought from these lodgings were given up to him.

After the key did not agree, did the prisoner say any thing about the keys? - He said they were two keys that he picked up.

Court. The tendency of this evidence is to prejudice the Court and Jury by leading them to suppose that the prisoner had something to conceal; if that something he had to conceal was connected with this charge, it is proper evidence; but if it appears it had no connection with this charge, it is then improper evidence, irrelevant evidence, which can have no other effect then to lead the Jury to suspect that he has been guilty of some other crime.

Mr. Garrow. I submit it is perfectly competent.

Court. It has been heard now, but I shall tell the Jury it is not to be attended to: I am of opinion, perhaps a little differing from some high authorities, I am of opinion, that if a man files; in order to know what he fled for, it is necessary to know what he was charged with.

Mr. Garrow. Then pursuing that, he is charged with forgery, the produce of which is found at the lodging of the prisoner.

Court. Which is not any part of that which was received; therefore any other thing would be just as good evidence as that.

Mr. Garrow. In the case of his namesake, was not that evidence, that a great number of guineas were found upon him, not exactly corresponding with the number that was lost; but if, instead of guineas, a quantity of bank-notes had been found in his possession, would not it have been competent evidence?

Court. This is not money nearly corresponding at all; it is more than double, and where the man is proved to be worth the money.

(Letter read.)

Addressed to

"Mrs. Barlow, the King's

"Head, St. Paul's Church-yard, May

"the 2d, 1789: Tothill-fields, Bridewell.

"Dear Mrs. Barlow. I longed for this

" opportunity to write a few lines to you

"concerning my trouble, which you must

"have heard this matter laid to my charge,

"concerning two ten pound notes that I

"changed for a man I knew, but not his

"name or place of abode; one of the notes

"was given for a false draft; they have

"that strong suspicion of me that I took

"this. I cannot produce the man, but

"I would soon do that if I was at liberty;

"now tell me if a question has been asked

"you concerning this matter, whether the

"runners have been or not; please to give

"a caution to every one that you know

"in respect to where I lodged, and to tell

"them that I lodged at my brother's, No.

"25, Great Wild-street, since quarter-day

"last. I have sent a letter to my

"master this morning to get me out, but

"he is short of cash, that I know; now

"say you do hear such a thing, and if there

"is any such thing, you will be 10 l. yourself

"or more, which you shall not lose

"any thing by, if you do not gain by it;

"I was cautions to write for fear of my

"enemies, and was desirous to have my

"things moved, for fear they should find

"them out, and I said I lodged at my

"brother's; please to give my love to

"Sally: if my uncle deliver this, he may

"write an answer; if not, Sally may spare

"a little time, and send to me, so no more

"at present; I wrote to Mr. and Mrs.

"Baverstock, and gave a man eighteen-pence

"to carry it, you may ask them if

"they heard from me: I am very bad, I

"cannot help myself."

Here is a letter addressed to,

"Mr. John Berry , No. 25, Great

"Wild-street, Drury lane, London, April

"30, 1789; Tothill-fields Bridewell:

"Mrs. Barlow, you remember you gave

"me change for a draft of 29 l. and gave

"me in change 1 l. 1 s. too much, which I

"returned; now I gave change last week

"to a person I do not know from Adam;

"one of the notes proves to be given for a

"forged draft; now I cannot tell the person

"whom I changed it for; I am committed

"to this place; I believe they

"brought you the change from the banker's

"in two days afterwards; I lodged at

"my brother's, No. 25, Great Wild-street

"since the man I lodged with in Carter-lane,

"I could not recollect his name; I

"beg you will send me a line without fail

"this night, to No. 25, as nobody is admitted

"to speak to me; I happened to

"pick two keys up on Ludgate-hill which

"I kept; I did not know how to answer

"for myself, I thought no harm in changing

"these two notes, my master was

"there, but said nothing; pray send what

"news you hear in writing to me by

"somebody or other, and I will pay you

"honorably, and send this letter to my

"brother, which will be sufficient for him;

"I met one John M'Donald when I

"changed the note, I think it was last

"Friday week, the day after the King had

"been at St. Paul's; my brother will see

"this, for I suppose they will go to see

"him, he lives at the Swan with Two

"Necks in Carter-lane. Mrs. Barlow,

"I remain your well-wisher, David Coleman .

"I suppose I will have another hearing

"to-morrow, I cannot tell whether I

"will or no, you and your family knows

"I live in Wild-street; this letter I intend

"to direct to Mrs. Barlow; dear

"uncle go there directly, and let me know

"this night."

Mr. Garrow. I state these to be letters intended to be sent by the prisoner, and intercepted by the officers of justice.

Court. And never delivered to the persons.

Mr. Shepherd. The second letter was certainly obtained under the idea that the first was delivered.

Court. I must have the witnesses who intercepted them.

Carpmeal. They were sent to me by the keeper of the prison, he is not here, I do not know how he got them.

Mr. Garrow. They are proved to be his writing by Mrs. Baverstock.

Court. I do not see a legal objection to refuse hearing these letters, if they were come at by promise.

Prisoner's Counsel. Yes, but you see

they do nothing, but produce the letters, and prove the hand writing, the persons who received these letters might explain them; there might be some promise, instead of which they are stopped in limine.

Mr. Garrow. I apprehend the duty of a Counsel to be this; if they have a case to conduct for the publick, and illegal evidence is put into their hands, they have no power to suppress it; if the Court say it is illegal, that is another thing.

Court. I cannot say it is illegal.

(Read.)

Addressed to Mr.

"Baverstock, No. 35,

"St. Paul's Church-yard, Tothill-fields,

"Bridewell. Dear Sir, I hope you and

"my mistress will think on me in this

"deplorable situation; cannot see nor hear

"nothing, as I have nobody else to depend

"upon; now I am charged with

"that note of Mr. Hill's; that I have not

"had, act, nor part in it, any more than

"the child unborn; and no further than

"changing these two notes for this man:

"a person I know very well, that I would

"give satisfaction to you and them, should

"it be twice the sum; I would sooner

"pay it than stay in the situation I am;

"Sir, if you will be so kind to extricate

"the matter with Mr. Hill, you shall have

"the money from Mr. Maddock, and what

"else in is my power you shall have, and

"I have no doubt but Mr. Williams of

"St. James's will give him that sum, Mr.

"Elliot and Mr. Newberry likewise."

Mr. Garrow, to Mr. Baverstock. Step out of Court a minute.

Court to Mrs. Baverstock. Will you be so good to be very attentive to what I am going to say to you; how long had the prisoner lived in your service, in the lifetime of your former husband? - Between five and six years.

Had he been accustomed to write frequently in your service? - In the shop.

Was you acquainted with his handwriting; did you see him write frequently; did you ever see him actually write? - I cannot say that I have been present when he has been writing; I have seen that writing afterwards.

During the time you was a widow, had you anybody else to assist in the shop? - Yes, I had one Harry Beadle , who lives at one Mr. Stone and Allen's, in the Church-yard.

Can he read and write? - Yes.

Are you acquainted with the prisoner's hand-writing? - So far as I can judge whether any thing is or is not his handwriting; I can answer so far as to say to my belief.

Dou you believe, and do not answer that you do, unless you have a conscious belief of it; do you believe that to be his hand-writing? - I do upon my honor, I do upon my oath, and these two also.

Can you refer me to anybody who lives within a reasonable distance from this place, that is acquainted with his hand-writing? - No, I cannot; I never knew his connections; I have no doubt of its being his hand-writing.

(The rest of the letter read as follows.)

"And get some more from some of my

"friends, and I will with what little matter

"I have myself, which I hope will

"not be a great deal short; and I will

"give it under my hand to you, to pay

"per week; I hope Mr. Maddock will be

"so charitable to assist me for God's sake,

"and if ever in my power, I will make

"recompence, which I have not the least

"doubt but I may have the part of in the

"course of a week, and I will give you

"and the gentlemen my oath that I never

"did see the draft, which if you have it

"now under my hand-writing you will

"say the same: Dear Sir, I will add no

"more; I hope you will be so kind at

"present, so no more from yours; if the

"honourable gentlemen complies with my

"request, I hope you will send an order for

"my releasement; so I can say no more.

James Wise and William Mantell , for the prisoner, called and did not answer.

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

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17890603-93

497. WILLIAM DOWNES was indicted for stealing, on the 11th of May last, one silk handkerchief, value 10 d. the property of a certain person or persons unknown.

THOMAS WYATT sworn.

I am a constable; on the 11th of May, about half an hour after six o'clock, me and one Mr. Jocelyn saw the prisoner draw this handkerchief out of a gentleman's pocket close by Temple-bar ; we laid hold of him, the gentleman turned turned short round, and he gave me charge of him, and enquired the time he was to attend next day; but an urgency happened upon him, and he was obliged to go to Exeter; he gave me his address, his name is Mr. Grainger of Exeter.

Court. Then this is not stealing the property of a person unknown.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17890603-94

498. CATHERINE CALLENDER was indicted for stealing, on the 3d of April , a silver watch, value 40 s. one steel watch-chain, value 6 d. two metal seals, value 2 d. a pair of shoe-buckles, value 20 s. a stock-buckle, value 3 s. a silk handkerchief, value 2 s. five guineas and five shillings in monies numbered, the property of Thomas Andrew , in the dwelling house of James Callendar .

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17890603-95

499. JAMES WILLIAMS was indicted, that he on the 23d of December last, at the parish of Penzance , in the county of Cornwall, upon Joseph Fewens Ascott , then an officer of the Kings, duly constituted and appointed, and then being on shore, in the due execution of his office and duty, in seizing and securing for the King, twenty gallons of brandy liable to be seized, and he being in the peace of God and our Lord the King, unlawfully and violently did make an assault upon him, and him did hinder, oppose and obstruct, against the statute .

Charged in another count for making a like assault upon him, charging him generally, being in the execution of his duty.

A third count for unlawfully hindering, opposing and obstructing him, an officer of excise, and on shore, in the due execution of his duty.

The indictment opened by Mr. Knapp, and the case by Mr. Solicitor General.

JOSEPH FEWENS ASCOTT sworn.

I am an officer of excise ; on Tuesday the 23d of December last, being in company with Mr. Barket and Mr. Julian, one an officer of excise, the other of the customs; we were on the sands near Penzance in Cornwall; about ten in the evening we saw the prisoner Williams, and two other men with him; I had seen the prisoner before, I did not know the other two; Mr. Julian and me followed after them, they were all on horseback; Williams had nothing; the other two had two anchors a piece, flung across a horse; Barkett went to Penzance to meet them, and the three men returned again towards Julian and me; the first that come up was the prisoner, he said halloo; I passed by him and said nothing to him; he went past, then we met the two other men, and ordered them to deliver the goods; then Williams turned back upon us, and made a blow at Mr. Julian, with a large stick about as long as my arm, and as thick as my wrist, a large stick or bludgeon, I suppose; having a stick in my hand, I knocked Williams off his horse; then the other two men that were on horseback, got off the horses, and one came to me, and the other against Mr. Julian; they had both sticks, large sticks, they all carry large sticks; we fought some time, then Williams got up and came upon me; then I had two upon me, I drew my hanger and fought with my hanger some time; at last the other got behind me and pinioned me, while Williams beat me with a large stick; to get him off me I touched him in the neck, then I got loose; I lost my stick in the scuffle, and I was forced to fight with my hanger; Williams and the other man that was upon me got me down twice, I was stronger than either of them, but being two upon me were too hard for me; the third time they got me down, I thought I should not have got up any more; Williams got hold of my hanger, and I got it again, for I thought I would die before I would spare them, I was sure of dying if I had spared them; the third time they got me down I could not get up again; when I was down the other held me, and Williams beat me, they never spoke at all; I desired them when I was down to let me get up, and they should have their goods; Mr. Barket and Mr. Julian came to my assistance; then he seized Williams by the collar, and took him into a landlord's house in Penzance, and kept him some time; we had him a good while in custody, the other two men ran away; we seized the horse

and two ankers of foreign brandy; they stole the horse again, three days after, the horse was gone; who stole it I do not know; the brandy we have a part of now.

Mr. Knowlys, Prisoner's Counsel. Have you your deputation with you as an officer of excise? - Not here, I have at home, that is Cornwall.

This was about ten at night when you first saw these persons? - Yes.

The prisoner was totally without any goods whatever? - No.

How far distant might the other be behind? - As far as to the window; Barkett and Julian were side by side; he said halloo, when he passed by, but when he came up he said nothing.

Upon your oath did not one of you strike this man as he passed you? - No, I did not, till he made a blow at Julian, and then I struck him.

Will you swear that when he passed by you did not strike him? - I would swear a thousand times, that I suppose he called out halloo, to know who we were; I was provided with a cutlass and pistol.

Your arms were not at all held by them before you pulled out your cutlass, and began to strike about you? - No.

That cutlass would have done a little excution, if your arms had not been held - If I could have done it I should, for their behaviour; I thought it was better to kill than be killed, when it came to that.

You had a good intention then? - I had an intention to save myself.

Did you at all speak to Williams before you drew the cutlass through his hands so let it go? - I do not know.

I believe his hand was not much the better for the cutlass being drawn through it? - I do not know what his hand was, but I believe his fingers were pretty well cut one of them; had the gentlemen here been in my place, they would not have found it a laughing matter.

Were not his fingers almost cut off? - I saw one of them.

How was that hanging by the skin? - No, no.

No! was not it very severely cut? - I do know, I know very well, he was cut in the fingers; what finger I do not know, I cannot say that, I know his hand was cut with drawing it thro', but I know he took my hanger, and I drew it thro' his hand, I know the finger was cut.

Mr. Silvester. I believe you thought more about yourself than his hand, when you went to the public house? - I tried to take care of myself, I had some brandy to wash my hand.

What is Williams? - A noted smuggler, he and his three brothers be in the Exchequer now.

JOHN JULIAN sworn.

(Examined by Mr. Knapp.)

I am an officer in the customs.

Was you with Mr. Ascott and Mr. Barker, on the 23d of December? - I was; we expected some muggler the way; I was at Chandem, near Penzance Mr. Barket, and Mr. Ascott, and me went out in the evening, between 9 and 10, we saw three men on horse-back, going towards Penzance on the beach, Mr. Ascott and me followed these three men, and Mr. Barket went on to Penzance town, in order to meet, when I came up with them I knew Williams, we got on towards Penzance Kev, and then the three men turned round and met us; Williams was riding a single horse, I called him by his name, says I, Mr. Williams, is it you? or something of that sort, so I passed on, and made up towards the other two men, who had ankers, Williams had no anker; I made up towards him, and after I spoke to him, I passed by towards the horses; says I, gentlemen, you had better give up the goods quietly; they made no answer, Williams turned round his horse, and rode up to me, and struck me.

Had you struck him before that? - No, certainly not.

Did you strike him at all? - No Sir, I had not struck at any man, Mr. Ascott was alongside of me, he struck Williams, and

knocked him off his horse; with that the other two men on the ankers, jumped off, one ran to me, and struck me, and the other to Mr. Ascott, and he struck me several times over my head, and broke a stick over my head, Williams I believe was on the ground at that time, but I cannot say, we fought some time, at last the man I fought with ran away, Mr. Ascott and the man that attacked him, were fighting at the same time, then I secured a horse, and two ankers, and tasted it, and it appeared to be foreign brandy, when I had secured that, I tied the horse to the anker, and went back to assist Ascott, who was crying out, when I came back to Mr. Ascott, there was this Williams and the other person, and Mr. Barkett, and Mr. Ascott; Mr. Barkett came before me, I saw Ascott just before me, when I came back, and I saw Barkett haul off Williams from fighting Mr. Ascott, and he took Williams then, and secured him, and took him to the public house, the other man ran away, the man I fought with ran away, and took one of the horses with him, the anchor and horse that we did seize, we lodged in the public-house, in Penzance town, the horse they tell me was stolen, I know nothing about that, but the brandy is there still.

Mr. Knowlys. You was the first person that was struck in this business? - Yes.

Now perhaps you may say, as the other witnesses did; that you had given no kind of provocation whatever to Williams, now I will ask you, whether you did not, in passing Williams, give him some insult, or jostle him, or strike him? - No I did not.

DANIEL BARKET sworn.

I am an officer of the excise, with Ascott, and Julian is a Custom-house officer, we three were out at Penzance, on the 3d of December; about 10 at night we went out, with intent to seize smugglers, we saw three men riding over, we did not know who they were, and then I went on before, and we agreed for Julian and Ascott, to follow after, and I promised to meet them, I run as fast as I could, they did not come on at the pace I expected, I went back towards my friends again, when I got about 200 yards off, I heard Ascott calling to me, and when I came up, I found Ascott laying on the beach, and James Williams laying upon him; I cannot say I saw him strike him, I did not get in time, I jumped to him, and took him from him directly, I have been an officer of excise three years, and Ascott pretty nearly the same time, I am sure this is the man I took, I knew him very well before, I cannot say how long Julian has been an officer; I am sure to the man, I knew him before I took him, but because I would be clear in the matter, I took him to the public house; the foreign brandy I secured, and the horse was taken away; Ascott had one very large wound in his hand; and another and I washed him with brandy.

GUILTY , on the first and third Counts.

Imprisoned twelve months .

Tried by the London Jury before Mr. Baron PERRYN.

Reference Number: t17890603-96

* 500. SAMUEL RADENHURST was indicted for wilful and corrupt perjury .

* N. B. John Mean served on this trial, in the room of Mr. Batchelor, who was fined 5 l. and William Borret , who had been fined before and excused, was fined 10 l. for a second absence.

(The Prisoner ordered to have a chair having been sick.)

The case opened by Mr. Garrow.

(The witnesses all ordered out of Court.)

JOHN MARTIN sworn.

I produce a copy of the record, compared with the indictment.

Prisoner's Counsel. Did you compare this with Mr. Shelton? - I read it backwards and forwards, both ways.

Mr. FRAZIER sworn.

I saw the prisoner sworn as a witness.

EDMUND HODGSON sworn.

Did you see the prisoner sworn? - No, I did not.

Do you remember the prisoner? - I think it is him, but I cannot speak positively to him, he appears to have been ill since.

(Mr. Hodgson, the short hand writer, was then ordered to read his notes, which he accordingly did.

Court. It seems to me, that no one of the assignments, which state that Radenhurst swore that Frazier did any thing, are proved. I will tell you my doubts upon that assignment, which struck me upon reading the abstract originally, and I put a query upon it; whether that assignment is or can be a material assignment for this reason, I am inclined at present to be of opinion, that what is in that part of the indictment stated that Radenhurst swore, is not evidence; now if it is not evidence, it cannot, by any possibility be material; as to what the woman swore before the magistrate, it was not admissible evidence, and if it had come out in a state of the prosecution, where it could affect the prisoner, I should not have received that evidence; but on looking over the short hand writer's notes, I find it was not at such a time, but where it was desired by the Prisoner himself; for previous to that I had declared my opinion, that supposing all that Radenhurst swore, to be true, it did not amount to felony at all; therefore it was before that clear that the prisoner was to be acquitted; it therefore became unnecessary for the Court, to watch with any degree of accuracy, whether what Radenhurst said, subsequent to that, was strictly admissible evidence, or not; I doubt even this, whether any thing that Radenhurst said upon examination, subsequent to that direction to the jury to acquit the prisoner, whether any thing he said after the inquiry, whether the Court should give a copy of the indictment, can be considered as material evidence; I have a very clear opinion of that; and the consequence of that on this indictment, will be, that that assignment cannot be brought home to the prisoner; then as resting on the other assignments, it seems to me, that Mr. Hodgson's evidence, as to what the prisoner said, does not support any of the assignments, which charge him to have sworn that Frazier did any thing, for he has in no part of his evidence swore that Mr. Frazier did any act, but that it was done by a person, whom he believed to be Frazier, that it was done by a gentleman like him in green, and assigning as the perjury, that in truth and in fact, he did not believe it to be Mr. Frazier that so did; and in truth and in fact, that the person who so did, is not Mr. Frazier; that will reduce the whole of this indictment, to the first assignment; that Mr. Jenkins did not call a gentleman out of the room, by the name of Frazier.

Prisoner's Counsel. That will not do my Lord, because there was a Mr. M'Cree called out instead of him.

GEORGE FRAZIER sworn.

Mr. Garrow. You was one of these persons, present at the dance, which gave rise to this dispute? - I was.

The prisoner was a man who came there with oysters for the company? - He was.

Was you called out by Mr. Jenkins at all, to speak to the prisoner? - I was not.

Did you in fact, beat him all? - I did not.

Did you take any money from him? - I did not.

Are you positive that you was not called out of the room by Mrs. Jenkins? - Most undoubtedly so, clearly so.

Was any body called out? - That I cannot say.

Was you out of the room? - Not at that time.

At any time when the dispute was between him, and somebody else? - I was not.

Prisoner's Counsel. The man was beat by somebody? - I do not know.

Court. Did Mrs. Jenkins, about the time of that transaction, while Radenhurst was waiting there, call to you at the door of the room, on any occasion? - She did not.

COLIN M'CREE sworn.

Was you one of the party who were present at this dance? - I was.

There was a dispute between the oyster man and somebody? - There was.

Was you called out by Mr. Jenkins? - I was.

By what name? - By my own name, Mr. M'Cree; Mr. Frazier was not called out, he had no share in the dispute.

The dispute was between you and the Prisoner? - It was.

It was the other person, that he was desired to look at? - He was desired to look at all that were present, and point out the person.

Mr. Frazier had nothing to do in the dispute with him at all? - He had not.

Are you quite sure Mrs. Jenkins did not call you, by the name of Frazier? - She did not I am sure, he was dancing at the time; he was beginning to lead down the dance, and I was at the bottom; after she called me, she went to the place where the prisoner was; the dispute was not in the place where the prisoner was, the time the prisoner was sitting in the supper room, I was called out of the dancing room, to the supper room; the prisoner was sitting at the table, behaving in a very riotous manner, insulting all those that passed thro' the room, and Mrs. Jenkins came up to me; the dispute began there but the scuffle began below stairs; Mrs. Jenkins did not go down stairs, Mr. Frazier had nothing to do in the scuffle, above or below, the whole scuffle was between him and me, whatever was done, was done by me.

Prisoner's Counsel. I believe you were all dressed alike in green, at the trial? - Yes.

Had you green, on the night of the dancing? - I was not in green, I believe they call it, the mud of Paris, it had an edging round, and singular from every other dress in the room: Mr. Frazier was dressed in green that night, as well as at the trial; I believe the very colour he now wears.

I suppose there was some noise before you was called out? - Yes, there was a great deal of noise and confusion; it was in consequence of the noise and confusion, that I was called out.

You do not take upon yourself, to say positively what words Mrs. Jenkins used? - She came to me, and said Mr. M'Cree, there is a man in the next room, behaving in a rude and riotous manner, and frightens me; I wish you would come out and speak to him: she was alarmed, she is subject to nervous complaints.

Then you came out, and I believe you struck him? - I defended myself, and of course I struck him; from the appearance of the man, I wished to avoid every dispute with him.

Mr. Silvester. Did you pay him the money? - I did.

Court. Who acted as master of the ceremonies? - Mr. Frazier.

Did you act at all, as master of the ceremonies? - Till Mr . Frazier came, I did act as such.

Do you recollect how long Mr. Frazier had been there, when this happened? - Three hours or near; after he came in, he acted as master of the ceremonies.

Was Mrs. Jenkins in the room, before

Mr. Frazier came, whilst you acted as such? - I don't know, she knew he was to be master of the ceremonies.

Did Mrs. Jenkins, after the prisoner came, call you, as master of the ceremonies? - No, she called me by my name.

ELIZABETH JENKINS sworn.

Do you remember the dispute between the prisoner and Mr. M'Cree? - The prisoner was asked up stairs, to have some supper with the servants, and he was swearing and cursing; I asked him who had affronted him, he said nobody; I asked him if he was paid, he said no; I went to the room, I meant to apply to Mr. Frazier, and found Mr. M'Cree at the bottom, and he turned round, and I nodded to him, and did not mention any name at all, and he came and I asked him to lend me 6 s. he asked me what was the matter, and I said the oyster-man is abusing us, I wish he was paid and was gone; Mr. M'Cree came out, and asked him to come out of the supper room, and he would pay him; he not having change, returned into the dancing room again; the prisoner pushed, and tried to follow him.

Did you call Mr. M'Cree, by the name of Frazier? - No.

Did you mention the name of Frazier? - No.

Did you tell the prisoner you would fetch Mr. Frazier? - No.

Prisoner's Counsel. Was not Mr. Frazier master of the ceremonies? - Part of the night.

Is it not customary for him to pay the bills? - I don't know any thing about it.

When this man was riotous who was the person that ought to have paid him? - I was going to pay him myself, I generally pay for such things, and am paid afterwards, the next morning.

Court. Who did you, at the time understand, was to pay him? - Mr. Jenkins.

What was Mr. Jenkins about at this time? - I don't recollect particularly what he was doing.

When your husband is employed, who takes care of the management.

The master of the ceremonies directs the dances, and Mr. Jenkins pays the bills. I was by myself and much alarmed.

Did you not mention any name? - No, I beckoned Mr. M'Cree.

Did you tell the prisoner your husband would pay him? - No.

Do you know what Mr. Jenkins said to him? - I don't know.

Court. How came you to call M'Cree particularly? - He had been master of the ceremonies, before Mr. Frazier came, and I had some knowledge of him.

Court. When you found you had not money sufficient, who did you mean to apply to for the deficiency? - Mr. M'Cree.

Suppose you or your husband has not money enough in his pocket to pay, who did he usually apply to? - I don't know he ever had occasion.

When you found you had not money enough, did you say any thing, and what to the prisoner? - Nothing, I went to the dancing room, and meant to have him paid, and have done with him; and nodded to Mr. M'Cree, he being at the bottom of the room. I asked him to lend me 6 s. he asked what was the matter; I said a nasty man had affronted me; he came out; and called the prisoner to the door, and he put his hand in his pocket, and found he had not enough, and went into the dancing room, and the prisoner pushed and tried to get in.

M'Cree. When I came out of the dancing room, I asked him the reason of his behaviour, he said he wanted to be paid; I told him if he would go to the bottom of the stairs I would pay him; he refused, I put my hand in my pocket, and found I had not enough, and went into the room, and borrowed some silver.

Did you mention the name of Frazier? - No.

When you found you had not enough, did you say you would go to Mr. Frazier? - No.

GEORGE JENKINS sworn.

First of all the prisoner was in the passage, and I desired him to go up stairs and get some supper, and I would get the money of the gentleman when the dance was done; my wife came in and asked him what he wanted; and he said to be paid; my wife went and fetched Mr. M'Cree, and he said he would pay him, he put his hand in his pocket, and went into the dancing-room again to borrow the money, and the prisoner attempted to follow him, and M'Cree pushed him down the stairs, and when he came out again, he went down and paid the prisoner; he gave him three half crowns, one shilling and one six-pence.

Did you hear your wife mention the name of Frazier, or did she say she would fetch the master of the ceremonies? - No, I don't recollect.

Who generally collects the money; does not the master of the ceremonies? - Not always, sometimes the deputy master of the ceremonies: Mr. M'Cree was deputy-master of the ceremonies.

Did you offer to pay him yourself? - No, my wife went in and fetched Mr. M'Cree.

The prisoner called two witnesses to his character.

NOT GUILTY .

Reference Number: t17890603-97

501. SAMUEL MARKS was indicted for wilful and corrupt perjury .

(The case opened by Mr. Silvester.)

Mr. WILLIAM THORN sworn.

Produces an office copy of the judgment on record, in a cause Dyson versus Sakey, in the court of King's Bench.

I examined it, it has been in my custody ever since.

(Examined with the indictment.)

GEORGE DYSON sworn.

I live in Botolph-lane; on the 23d of April, 1788, a Mr. Sakey applied to me to purchase some fruit; I shewed him twenty-five chests of oranges, and he agreed to give a guinea per chest; he took one away, and paid a guinea, and left his watch for a deposit; on the next day he came and took away eleven chests, he left thirteen chests, and refused to take them; and for the non-performance of the agreement I brought an action; I attended the trial, I saw the prisoner sworn; he swore that about twelve at noon, on the 24th of April, I delivered the watch to Sakey myself, and that there was none of my servants present, and nobody but himself and Sakey, and one Jacob Solomon ; he was asked by the Court whether he was sure of it, and he said he was: I don't recollect I ever saw this man till I saw him at the trial.

Did you deliver any watch to Sakey? - No.

Did you see it delivered to him? - No.

Mr. Knowlys. Had not any of your servants authority to deliver this watch, in case the contract was performed? - Yes.

Court. What was the watch left for? - A deposit for the performance of the agreement. This man said at the trial, that I said it was not material whether he fetched them away or not, as I could make the money of them.

Court. What watch was it? - A silver one I believe.

Court. What was the names of your servants? - Edward Law and Thomas Harris .

Was he shewn the men? - Yes, he was shewn them.

To Mr. Thorn. What was the defence set up at the trial by Sakey? - I did not attend the whole of the cause, I was attending another cause, and I heard the prisoner and Solomon sworn.

DAVID COOPER sworn.

What was the defence set up by Sakey? - That he found the goods not so good as he expected; I understood the watch was a deposit for the bargain; and he fetched eleven chests the next day, and paid for ten only.

What was the defence set up by the

Counsel for Sakey? - I do not know, I heard the prisoner swear that Dyson delivered the watch to Sakey in the presence of him and Solomon; and that Law and Harris, who had been examined before, were not present.

EDWARD LAW sworn.

I am servant to Mr. Dyson; I was present when Sakey came on the 24th of April between six and seven; he paid me ten guineas for ten chests he was to have away, and another guinea, for which I gave him his watch; I understood the watch was left to bind the bargain, and if he left a guinea he was to have it, and the guinea was to bind the bargain; instead of taking away ten chests, he took away eleven, so that he took away the value of his deposit.

Was Mr. Dyson present? - No, Harris was present.

Was the prisoner present? - No.

Was you called up when this man was examined at the trial? - Yes, I was called up after and shewn him, and he persisted in it I was not there.

THOMAS HARRIS sworn.

I saw Law deliver the watch to Sakey; Mr. Dyson was not there; I don't recollect ever seeing the prisoner there in my life; I was shewn to him at the trial, and he persisted in it that I was not present.

PRISONER's DEFENCE.

What I swore on the trial was true, to the best of my knowledge.

The prisoner called two witnesses to his character.

GUILTY .

Imprisoned one year in Newgate , and stand in the pillory, in Guild-hall-yard, one hour .

Reference Number: t17890603-98

502. JACOB SOLOMON was indicted for the same offence .

The evidence was the same as on the last trial, with this difference only, that this prisoner was Sakey's porter, and was present in the shop, when Law delivered the watch to Sakey.

Mr. Knowlys made some objections to Mr Dyson's competency, and made some observations respecting the watch being left as a deposit, and contended that there was not sufficient evidence, whether it was understood by Dyson and Sakey, that it was a deposit for the performance of the contract, or for one chest only; and as to the watch being delivered, it was not a material question on the trial of the cause.

(The Court over-ruled the objection.)

GUILTY .

Imprisoned one year , and stand in the pillory in Guild-hall-yard .

Reference Number: t17890603-99

503. JOB DALLAWAY was indicted for a fraud, by obtaining goods by false pretences .

Mr. HOOD sworn.

I am one of the members of the Carron Company, I know their names.

(Calls the names over.)

Do you recollect what number the company consist of? - No.

Do you know that the names of the persons you have said, are all members of the company? - Yes.

JOHN GARDNER sworn.

Do you remember the prisoner coming with any order for goods? - Yes, on a Monday in the afternoon, about four o'clock, the prisoner came to the workhouse with an order for goods, and I delivered them to him as coming from Mr. Bent.

Court. Did you ever see Mr. Bent write? - No.

Mr. WHITTINGHAM sworn.

I am clerk to the Carron Company; this order was delivered by Gardner to me, and I entered into Mr. Bent's account, and gave it to Gardner to weigh the goods, and I put the weight on the order; the prisoner did not take them all away at once.

Did you usually receive written orders from Mr. Bent? - Yes, but they were usually better written.

(Mr. Hood executed release to Mr. Bent in Court.)

Mr. BENT sworn.

I have no knowledge of the prisoner; I never delivered any order to him; I or my son write the orders; I never sent an order for these goods; this is not mine nor my son's writing.

PRISONER's DEFENCE.

I did not deliver the order to Gardner, I delivered it to another gentleman, and he gave it to Gardner, and he gave me the goods.

The prisoner called four witnesses to his character.

GUILTY .

Fined 1 s. and imprisoned twelve months in Newgate .

Reference Number: t17890603-100

504. LEMON CASEBY was indicted for compounding a penal statute.

(The case opened by Mr. Silvester.)

(This indictment was wrong laid.)

NOT GUILTY .

Reference Number: t17890603-101

505. WILLIAM JOHN WHITE was indicted for wilful and corrupt perjury .

The Counsel for the prosecution declined going into this case.

NOT GUILTY .

All the above misdemeanors were tried by the London Jury before Mr. RECORDER.

Reference Number: o17890603-1

After the Felonies were tried, the Women who had refused his Majesty's Pardon last Session were ordered to be brought up.

Mr. Akerman. Mary Burgess is ill.

Court. What is her complaint? - I do not know; Mr. Simpson has seen her every day, but he has said nothing about her; she appears to us so ill that she cannot be removed with safety.

Court. I shall expect Mary Burgess to be brought up on Thursday.

Martha Cutler , Sarah Cowden , Sarah Storer , and Sarah Mills were set to the bar, and the pardon read, which was read last sessions, as far as respected them.

Court. Jane Tyler , you stand attainted of felony; his Majesty has been graciously pleased to extend his royal mercy to you, on condition of your being transported for life ; are you willing to accept his Majesty's mercy on that condition? - Yes, I will.

The same question was put to Martha Cutler .

Why, I must.

The same question was then put to Sarah Cowden .

I will tell you what; I am willing to accept of whatever sentence the King passes upon me, but Sarah Storer is innocent, I would not care whatever sentence I went through; I will accept it if that woman's sentence is mitigated.

Court. You must either say yes or no? - I will take any sentence, if that woman's sentence is mitigated.

Court. Sarah Cowden, the only question you have to answer respects yourself; the King, after you had justly forfeited your life to the laws of your country, has been graciously pleased to extend his mercy to you, and to spare that life which has been so forfeited; but his Majesty has thought fit to annex a condition to his pardon; your life was in the power of your sovereign, he has extended his mercy so as to spare that life, and he has persevered so much in his merciful disposition, that though he might justly have doomed you to death, without affording you any further opportunity of benefiting by his gracious favor, he has now with unparalelled goodness, afforded you a second opportunity of saving your forfeited life; you therefore have nothing to do with the case of any other person but yourself; and you are to chuse, whether you will accept of the mercy of your sovereign, and preserve that life which he has put into your power to save, or whether you chuse to be remanded to immediate execution? - I will accept of my sentence willingly, if this woman's sentence is mitigated.

Are you, or are you not willing to accept of your life on the condition your sovereign has offered? - I will never accept of it without this woman's sentence is mitigated.

Court. Remove all the women from the bar but Sarah Cowden .

Sarah Cowden . Gentlemen, I hope you will excuse me for being so bold to speak in the court, but this woman is as innocent as a child unborn; she happened to come into the place where this robbery was done, she asked for the loan of a pair of bellows, and she was cast for death; and after being cast for death, I think to be cast for life is very hard; if this woman's sentence is not mitigated I will freely die with her, I am but a young girl, I am but one and twenty years of age.

Court. You will attend to this; the government of the country will not suffer the mercy of the King to be trifled with; if you continue to refuse his Majesty's pardon, I thing it right to tell you your fate, and also that of your companion, for whom you seem so much interested; I have offered the King's pardon to you; if you refuse it, I shall order you to be remanded; and you must prepare to die the day following; you shall be executed the day following. - I hope I shall have more mercy shewn me than ever I had at this bar.

Court. If you are sufficiently prepared to die on Thursday next, the Court will give orders accordingly? - That I am.

Court. Let her stand committed to the cells, and let the sheriffs prepare for an execution on Thursday morning; take her away.

Mr. Garrow. The Court will have the humanity to suspend the judgment of the Court for a moment.

Court. It is trifling with the Court.

Mr. Garrow. My Lord, you have no objection to my going to speak to her? - None at all.

(Mr. Garrow and Mr. Leach went to speak to her.)

Court to Jane Tyler and Martha Cutler . You have accepted of this mercy; if at any future period the King would incline to grant you any further remission of your sentence, your submission to his will, will be an additional motive; I cannot promise you, nor lead you to expect any such mercy, but you have done wisely, you have saved your lives; I shall now order that you be transported according to the present condition of his Majesty's pardon.

Court to Mr. Akerman. Let them be removed to separate apartments from the other prisoners.

The same question asked of Sarah Storer .

No, I will not.

Court. These women have done rashly, I meant in mercy to them to have given them further time, that by the death of one obstinate offender, sufficient warning might have been given to the rest; but you have voluntarily desired to be brought into Court, for the purpose of insulting the Court? - I am willing to accept of it though I am innocent; I am willing to accept of it with all the felicity in life.

The same question asked of Sarah Mills.

Yes.

Court. You have both done wisely, and the Court orders and adjudges you to be transported for your natural lives .

Sarah Storer . I am willing to go, but not for my life, I never will.

Mr. Garrow. When I appeal to the Court, and observe that the admonition your Lordship has given has had that effect, which your Lordship's admonitions seldom fail to produce, I humbly conceive your Lordship will permit that unfortunate woman to be brought in once more.

Court. It is only subjecting the King's mercy to insult, to suffer her to be brought up again.

Mr. Garrow. My Lord, I shall have no objection to go into the gaol with her.

Court. I do not think that the King's mercy should go a begging, or be subjected to insult; the justice of the country is concerned, that the unhappy persons, who have forfeited their lives, should be made examples of; but I can shew no indulgence to those, who treat the mercy of the king with contempt, no application can be heard, that does not come from the prisoner, and an application, even coming from the prisoner, must be now received with great doubt.

Mr. Garrow. I only ask the Court, to consider the order not to be irrevocable.

Court. As to me it is irrevocable; I shall order the execution, unless the King otherwise directs; and the Sheriffs will prepare accordingly.

Sentence of Death was then passed on the following Convicts: viz.

John Harper, Jacob Canter, otherwise Joan Rhode, otherwise Joan Richter, otherwise Jacob Richter, George Green, Richard Arnold , David Kenlin , Michael Jones , John Millett , Abraham Jacobs , Thomas Denton and John Jones .

Mr. Garrow. My Lord; I do not attend your Lordship, nor address myself to the Court, in the character of a Counsel, but as a very humble supplicant, for a very miserable wretch, who desires now, having seen the folly of her behaviour, humbly to intreat, that she may be permitted to accept that pardon of his Majesty, which she has dared contumaciously to refuse.

(Mr. Villett joined in this request.)

Court. At the very humane intercession of you, Gentlemen, the Court will certainly permit her to be brought up, and hear what she has to say.

( Sarah Cowden brought in once more.)

Court. Sarah Cowden , you stand attainted of felony; his Majesty has been graciously pleased, to extend his royal mercy to you, on condition of your being transported for life , are you willing to accept his Majesty's mercy on that condition.

Prisoner. Yes Sir, I am.

Court. From my knowledge of the gracious and merciful disposition of your sovereign, notwithstanding your contumacious behaviour has been such, as justly to forfeit that life, which he has been graciously pleased to spare; I am confident he will forgive me, for once more affording you an opportunity of accepting of his mercy; I shall therefore order you to be transported, during your natural life; pursuant to his Majesty's pardon.

[ N. B. Mary Burgess was put to the bar on Thursday, and was asked if she would accept his Majesty's pardon, to be transported for seven years.

Prisoner. I am sorry for the trouble I gave the Court, but I expected to have my liberty, every session, for fifteen months past; Lord Sydney was my friend, and I understood I was not to go abroad.

Court. You are then to be transported for the term of seven years, pursuant to the conditions of that pardon .]

Reference Number: s17890603-1

Reference Number: s17890603-1

After the Felonies were tried, the Women who had refused his Majesty's Pardon last Session were ordered to be brought up.

Mr. Akerman. Mary Burgess is ill.

Court. What is her complaint? - I do not know; Mr. Simpson has seen her every day, but he has said nothing about her; she appears to us so ill that she cannot be removed with safety.

Court. I shall expect Mary Burgess to be brought up on Thursday.

Martha Cutler , Sarah Cowden , Sarah Storer , and Sarah Mills were set to the bar, and the pardon read, which was read last sessions, as far as respected them.

Court. Jane Tyler , you stand attainted of felony; his Majesty has been graciously pleased to extend his royal mercy to you, on condition of your being transported for life ; are you willing to accept his Majesty's mercy on that condition? - Yes, I will.

The same question was put to Martha Cutler .

Why, I must.

The same question was then put to Sarah Cowden .

I will tell you what; I am willing to accept of whatever sentence the King passes upon me, but Sarah Storer is innocent, I would not care whatever sentence I went through; I will accept it if that woman's sentence is mitigated.

Court. You must either say yes or no? - I will take any sentence, if that woman's sentence is mitigated.

Court. Sarah Cowden, the only question you have to answer respects yourself; the King, after you had justly forfeited your life to the laws of your country, has been graciously pleased to extend his mercy to you, and to spare that life which has been so forfeited; but his Majesty has thought fit to annex a condition to his pardon; your life was in the power of your sovereign, he has extended his mercy so as to spare that life, and he has persevered so much in his merciful disposition, that though he might justly have doomed you to death, without affording you any further opportunity of benefiting by his gracious favor, he has now with unparalelled goodness, afforded you a second opportunity of saving your forfeited life; you therefore have nothing to do with the case of any other person but yourself; and you are to chuse, whether you will accept of the mercy of your sovereign, and preserve that life which he has put into your power to save, or whether you chuse to be remanded to immediate execution? - I will accept of my sentence willingly, if this woman's sentence is mitigated.

Are you, or are you not willing to accept of your life on the condition your sovereign has offered? - I will never accept of it without this woman's sentence is mitigated.

Court. Remove all the women from the bar but Sarah Cowden .

Sarah Cowden . Gentlemen, I hope you will excuse me for being so bold to speak in the court, but this woman is as innocent as a child unborn; she happened to come into the place where this robbery was done, she asked for the loan of a pair of bellows, and she was cast for death; and after being cast for death, I think to be cast for life is very hard; if this woman's sentence is not mitigated I will freely die with her, I am but a young girl, I am but one and twenty years of age.

Court. You will attend to this; the government of the country will not suffer the mercy of the King to be trifled with; if you continue to refuse his Majesty's pardon, I thing it right to tell you your fate, and also that of your companion, for whom you seem so much interested; I have offered the King's pardon to you; if you refuse it, I shall order you to be remanded; and you must prepare to die the day following; you shall be executed the day following. - I hope I shall have more mercy shewn me than ever I had at this bar.

Court. If you are sufficiently prepared to die on Thursday next, the Court will give orders accordingly? - That I am.

Court. Let her stand committed to the cells, and let the sheriffs prepare for an execution on Thursday morning; take her away.

Mr. Garrow. The Court will have the humanity to suspend the judgment of the Court for a moment.

Court. It is trifling with the Court.

Mr. Garrow. My Lord, you have no objection to my going to speak to her? - None at all.

(Mr. Garrow and Mr. Leach went to speak to her.)

Court to Jane Tyler and Martha Cutler . You have accepted of this mercy; if at any future period the King would incline to grant you any further remission of your sentence, your submission to his will, will be an additional motive; I cannot promise you, nor lead you to expect any such mercy, but you have done wisely, you have saved your lives; I shall now order that you be transported according to the present condition of his Majesty's pardon.

Court to Mr. Akerman. Let them be removed to separate apartments from the other prisoners.

The same question asked of Sarah Storer .

No, I will not.

Court. These women have done rashly, I meant in mercy to them to have given them further time, that by the death of one obstinate offender, sufficient warning might have been given to the rest; but you have voluntarily desired to be brought into Court, for the purpose of insulting the Court? - I am willing to accept of it though I am innocent; I am willing to accept of it with all the felicity in life.

The same question asked of Sarah Mills.

Yes.

Court. You have both done wisely, and the Court orders and adjudges you to be transported for your natural lives .

Sarah Storer . I am willing to go, but not for my life, I never will.

Mr. Garrow. When I appeal to the Court, and observe that the admonition your Lordship has given has had that effect, which your Lordship's admonitions seldom fail to produce, I humbly conceive your Lordship will permit that unfortunate woman to be brought in once more.

Court. It is only subjecting the King's mercy to insult, to suffer her to be brought up again.

Mr. Garrow. My Lord, I shall have no objection to go into the gaol with her.

Court. I do not think that the King's mercy should go a begging, or be subjected to insult; the justice of the country is concerned, that the unhappy persons, who have forfeited their lives, should be made examples of; but I can shew no indulgence to those, who treat the mercy of the king with contempt, no application can be heard, that does not come from the prisoner, and an application, even coming from the prisoner, must be now received with great doubt.

Mr. Garrow. I only ask the Court, to consider the order not to be irrevocable.

Court. As to me it is irrevocable; I shall order the execution, unless the King otherwise directs; and the Sheriffs will prepare accordingly.

Sentence of Death was then passed on the following Convicts: viz.

John Harper, Jacob Canter, otherwise Joan Rhode, otherwise Joan Richter, otherwise Jacob Richter, George Green, Richard Arnold , David Kenlin , Michael Jones , John Millett , Abraham Jacobs , Thomas Denton and John Jones .

Mr. Garrow. My Lord; I do not attend your Lordship, nor address myself to the Court, in the character of a Counsel, but as a very humble supplicant, for a very miserable wretch, who desires now, having seen the folly of her behaviour, humbly to intreat, that she may be permitted to accept that pardon of his Majesty, which she has dared contumaciously to refuse.

(Mr. Villett joined in this request.)

Court. At the very humane intercession of you, Gentlemen, the Court will certainly permit her to be brought up, and hear what she has to say.

( Sarah Cowden brought in once more.)

Court. Sarah Cowden , you stand attainted of felony; his Majesty has been graciously pleased, to extend his royal mercy to you, on condition of your being transported for life , are you willing to accept his Majesty's mercy on that condition.

Prisoner. Yes Sir, I am.

Court. From my knowledge of the gracious and merciful disposition of your sovereign, notwithstanding your contumacious behaviour has been such, as justly to forfeit that life, which he has been graciously pleased to spare; I am confident he will forgive me, for once more affording you an opportunity of accepting of his mercy; I shall therefore order you to be transported, during your natural life; pursuant to his Majesty's pardon.

[ N. B. Mary Burgess was put to the bar on Thursday, and was asked if she would accept his Majesty's pardon, to be transported for seven years.

Prisoner. I am sorry for the trouble I gave the Court, but I expected to have my liberty, every session, for fifteen months past; Lord Sydney was my friend, and I understood I was not to go abroad.

Court. You are then to be transported for the term of seven years, pursuant to the conditions of that pardon .]

The Court then proceeded to give Judgment as follows.

To be transported for fourteen years, 2.

Moses Sillitoe , and David Mason .

To be transported for seven years, 34.

Thomas Hyam , William Coombes , Joseph Bates , Samuel Wright , John Marshall , James Langley, James Murphy , Joseph Ridley , William Stevenson , Elizabeth Gough , William Delfer , Richard Manley , George Robins , - Brewer, William Salt , William Hester , John Wooster , John Hall, George Woodland ,

John Merryman , William Pickering , Isaac Macham alias Belsham, George Thompson , James Welch , John Thompson , John Barnes, Thomas Walton , John Wood , William Peachy , William Green, John Dignum , Thomas Cross , John Bridgewater and Sophia Lunt .

To be imprisoned for twelve months, in the House of Correction 4.

James Williams , James Baxter , William Gray , Isaac Frampton .

To be imprisoned for six months, in the House of Correction, 7.

Edward Tapp , James Walker , Elizabeth Betts , Sarah Cook , Catherine Tasker , Richard Davis , (and be publicly whipt); and Mary Hunt .

To be fined one shilling, and imprisoned three months, 1.

William Ward.

Publickly whipped, 2.

Thomas Carroll , Thomas Jackson .

William Lovely being sick, sentence was not passed on him.

Reference Number: a17890603-1

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