Old Bailey Proceedings, 9th September 1789.
Reference Number: 17890909
Reference Number: f17890909-1

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 9th of SEPTEMBER, 1789, and the following Days;

Being the SEVENTH 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 VII. PART I.

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.

BEFORE the Right Honourable WILLIAM GILL , LORD MAYOR of the City of London; the Honourable Sir HENRY GOULD and Sir JOHN WILSON , two of the Justices of his Majesty's Court of Common Pleas; the Honourable Sir NASH GROSE, one of the Justices of his Majesty's Court of King's Bench; JOHN WILLIAM ROSE , Esq. Recorder of the said City; 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.

Joseph Fox

Evan Phillips

Samuel Kettle

Thomas Warrick

John Carbold

John Norris

Erasmus Lawrence

Thomas Branston

Thomas Hose

Redburn Tomkins

Richard Chapman

Benjamin Taylor .

First Middlesex Jury.

George James Sower

Richard Reader

Thomas Preston

John Latchford

William Shrimpton

John Dowfoot

John Allday

Richard Moreby

John Pittman

John Thomas

George Grundy

James Hilliar .

Second Middlesex Jury.

William Yarnold

Thomas Hooper

William Phillips

Richard Willan

James King

John Finney

Robert Turnbull

Jeremiah White

Francis Mayas

James Byfield

John Whittle

Farr Blissett .

Reference Number: t17890909-1

574. CHARLES MARSDEN and JOHN JONES were indicted for stealing on the 5th of August last a silver watch, value 20 s. a steel watch chain, value 6 d. a brass watch key, value 1 d. a muslin apron, value 3 s. and a silk handkerchief, value 2 s. the property of John Williams .

(The Case opened by Mr. Garrow.)

CATHERINE WILLIAMS sworn.

I am the wife of John Williams , a bricklayer , at Hadley ; on Wednesday the 5th of August, the two prisoners came together for apartments, the prisoner Jones said, he wanted a parlour and a bed-room for himself, and another for his servant; I told them we could not accommodate them with a servant's room, that the gentleman who lodged there before, had a servant who lodged out of the house; they desired to see the apartments up stairs; I went up stairs with them, and shewed them the rooms that were to let, and the prisoner Marsden went into my bed-room, the door of which was open, and where the things were, and took from there, a muslin apron and a silk handkerchief; the apron hung on a nail by the window, and the handkerchief lay on the bed; the prisoner Marsden said you have several pretty little rooms, cannot you let the gentleman have one of these front rooms, (that was on my observing him in that room,) I told him no; and he came into the other room, out of my room, and said, to be sure this room is much more commodious; when they came down stairs Marsden asked Jones if he would not go down, and see the kitchen; the watch hung up in the kitchen over the fire-place; he said it was of no consequence, for he should only want it for his servant to sit in during the hour he was in attendance upon him, then the prisoner Jones asked if I had not a place to put his wine in; I told him no, I had not; he went in, and I followed him, then Marsden was in the kitchen; every thing was agreed on, and when we came back into the parlour, Jones asked me if he could depend on me to take a lodging for his servant, and I was to let him know that evening, and to enquire for him that evening at Barnett, by the name of Mr. Williams; then they went away; I am very sure my watch was in the kitchen at the time these two people came in; I cannot say I saw it there while they was in the house, but I missed it three quarters of an hour after they went, it always hung there all day, I missed the things from the bed room as soon as I missed the watch; the watch had a small steel chain and a key, but when the watch was found, it was not in that condition; I am very sure the prisoners are the men that took my apartment, my husband was not at home, but while they were in the house, he was talking to a neighbour at the door; upon my missing my watch I gave an alarm to my husband, and there was a pursuit made.

Prisoner Jones. Was I ever out of the sight of Mrs. Williams, or a yard from her from the time I went into the house to the time I came out? - No, he was not.

JOHN WILLIAMS sworn.

I am a bricklayer at Hadley, I saw the two prisoners who came to look at my lodging; I came to my own door about a quarter past four; I was talking to a neighbour, and out came the two prisoners, and they looked hard at me, and they observed that the place was a very healthful pleasant situation; I am very sure they are the two men; I went into the house as soon as they were gone, the watch was missed in about three quarters of an hour, they were not there; I described them to my son, he immediately went in pursuit of them, and at eleven at night, I heard they were in Highgate round-house, I never saw them since till this time, but I am very sure they are the men.

JOHN WILLIAMS jun. sworn.

I am the son of the last witness; my father described the prisoners to me; I took them at Highgate; they were in a return post chaise going to London; they were drinking brandy and water at a publick house; it was very near six in the evening; the two men appeared to me to answer the description my father gave me; I opened the door and told them they were my prisoner; I immediately saw the prisoner Marsden shoving his hand in his coat pocket, and I saw the watch in his hand, as if going to convey it behind his partner Jones; I immediately got up into the chaise, took the watch from underneath

Jones, and put it into my pocket, and secured them both; they said they were not the gentlemen; they said they had no watch; no, I told them, I had the watch; I gave the watch to Cooper, that was the same I took from Jones, but I cannot swear to it.

THOMAS COOPER sworn.

I am constable at Highgate; I produce the watch that was delivered to me by Williams; it has been in my possession ever since.

(Deposed to by the prosecutor, who had had it fifteen years.)

GEORGE PEARCE sworn.

I drive for Mr. Waterfield: I was returning with my post chaise from Barnett, and took the prisoners up; they were near the Green Man, walking from Barnett; one of the young men had an umbrella; a young woman was in the chaise, whom I took up before them, just on the other side of Whetstone turnpike; when I came to London the young woman found some things in the chaise, and she asked me to give her one of them; I put her down in Gray's-inn-lane, and gave the things to my master; he has them here.

RICHARD WATERFIELD sworn.

These are the things that were delivered to me by the last witness; they have been in my possession ever since.

(Deposed to by Mrs. Williams.)

I am sure these are the things that were taken from my house when the prisoners were there.

Had either of the prisoners an umbrella? - Jones had an umbrella.

PRISONER MARSDEN.

I have nothing to say.

PRISONER JONES's DEFENCE.

I was very ill at that time, and I called on Marsden; I had been acquainted with him above six weeks; I told him I was going into the country to see if I could lodge where I lodged before, at Mrs. Davis's at Whetstone; I asked him to take a ride with me, he said yes; he had nothing to do; he is a composer of music by profession; he said his scholars were out of town: we came to the Adam and Eve, and meant to walk to Kentish Town, but seeing a return post-chaise, we went in it to Whetstone, and stopped a the Green Man; I told Marsden to get us some refreshment, and I went to Mrs. Davis's; she said her lodgings were engaged: I proceeded on to Hadley, and was looking about the town for some lodgings for myself and a person to look after me, and I saw Mrs. Williams's; she asked me half a guinea a week, and I said it was more than I could afford; she said she could not take less, and she could not accomodate me with a room for a servant; I told her any place would do; I said I was going to my mother, and there was a chaise going to town, and I would let her know in the morning when I had consulted my friends; then I walked up with Marsden, but the chaise was gone; then we proposed walking to Highgate, and we met this post boy, who said he was full; but a gentleman who was in the post-chaise was so polite as to get out; Marsden said he would walk to town; I told him he might get into the chaise; he did so with a great deal of persuasion: when we came to Highgate, Marsden said he was very dry; I called for sixpennyworth of gin and water; whilst we were drinking it I saw Mr. Williams coming on horseback; he said these are the two men; he said to Marsden d - n you, I see you, do not put it out; I said what do you mean? Williams said he saw Marsden pull the watch out of his pocket; I said if there is any it is yours, for I had none, and Marsden had none. was informed by a Gentleman, that as I was innocent, I had no occasion for witnesses.

CHARLES MARSDEN GUILTY .

JOHN JONES NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

[Transportation. See summary.]

Reference Number: t17890909-2

575. JOHN TAYLOR was indicted for stealing, on the 27th of July last, one cotton handkerchief, value 10 d. the property of Joseph Daniel .

JOSEPH DANIEL sworn.

On the 27th of July, about seven in the morning, I had my pocket picked of a handkerchief in Newgate-market ; the constable has got it; I had it in my pocket about an hour before; I saw it in Wood-street Counter; the prisoner pulled it out of his breeches in the Counter with several others; I went with the constable to the Counter, and saw him take out; it is marked I. T.; it is a linen handkerchief; the constable's name is John Proctor .

PHILIP COOPER sworn.

Is it a linen or a cotton handkerchief? - I am sure it is a linen handkerchief.

It being laid in the indictment as a cotton handkerchief, the prisoner was ACQUITTED .

Tried by the London Jury before, Mr. RECORDER.

Reference Number: t17890909-3

576. The said JOHN TAYLOR was again indicted for stealing, on the 25th of July , twenty-five copper halfpence and a farthing , the monies of Robert Hall .

ROBERT HALL sworn.

I am a green grocer ; I lost, on the 27th of July last, on Monday, about nine in the morning, as I was about my business in Newgate Market , twenty-five halfpence and a farthing; I saw the man draw his hand out my pocket; I stopped him, but he was too nimble for me, and he dropped the halfpence in his own pocket; I had half a crown's worth of halfpence; I examined him directly; he had twelve penny worth of halfpence, one halfpenny, and one farthing, which was the precise money I found on him; there were two halfpence I could swear to; he was committed for this offence by me, and taken to Wood-street Counter.

(The halfpence shewn to the Jury.)

The prisoner dropped four or five of the halfpence as he took them out of my pocket.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Transportation. See summary.]

Reference Number: t17890909-4

577. NICHOLAS PERCIVAL was indicted for stealing, on the 21st of July , twelve pounds weight of white lead ground in oil, value 5 s. and one earthen pot, value 1 d. the property of Walter Atkinson .

WALTER ATKINSON sworn.

I live in Wood-street ; I lost the lead on the 21st of July last, about two o'clock; I am a painter ; I missed it between four and five.

ELIZABETH CROUCH sworn.

I am servant to Mr. Atkinson; between two and three o'clock I watched the prisoner, and saw him take an earthen pot with twelve pounds weight of white lead ground in oil; he had worked in the morning for my master; he said he took it to mix it with other colour.

Prosecutor. Before I went out I mixed what colour I thought would be wanted in the course of the day; they always take it out in pots; he had not done half an hour's work for me, and that was in stone colour; he had no orders from me to fetch any colour.

PRISONER's DEFENCE.

I went to dinner with another young fellow, and we got in liquor; and by the persuasion of the young man I went and fetched the white lead, not knowing what I was about.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Transportation. See summary.]

Reference Number: t17890909-5

578. HENRY DUTTON was indicted for stealing, on the 2d day of August last, one cotton waistcoat, value 6 d. three flannel waistcoats, value 3 s. two pair of velveteen ditto, value 7 s. 6 d. the property of John Inglefield .

JOHN INGLEFIELD sworn.

On the 2d of August I lost some clothes from the Cross Keys, Grace-church-street ; I saw them in the morning at seven o'clock in my lodging; the prisoner came into my room in the morning between six and seven with the Woolwich coachman; he sleeps in the same room; the things lay on my box; the prisoner took them up, and said damn my eyes, if I had half your duds I would not care for any body; I have known him three years; I shut the door and came out, and he with me, and went down stairs; I was at home all day; I went out in the evening with the Dover coach, and came back about ten minutes past nine with the Woolwich; I went into the tap room, and the chamberlain came down and told me my things were lost; I went up stairs and found these things gone that lay on the box in the morning; the prisoner was seen in the house; I went for a constable, and when I came back he was taken; I saw him the next morning. A woman named Alice Williams came the next morning, and asked me if I had not been robbed of some breeches and other things; I said yes; she said she could shew me them if I went with her to the Fleece in Leadenhall-market; I went and saw them there, and sent for a constable to take them; I found one pair of my breeches on him; the next day he was taken before my Lord Mayor.

MARY COLLIS sworn.

I live at the Cross Keys; I saw a person go down stairs with a bundle; I only saw his back; I cannot swear to him.

MARY SEELY sworn.

I saw a man about half past nine pass my door; I observed he was a stranger to me, but I do not who; I did not see him have anything; I do not know that that was him.

FRANCIS BAYLEY sworn.

On the Sunday night, just before I was going to set my watch, I was sent for; another constable had the prisoner; the next morning I was sent for again to go to the Fleece in Leadenhall-market, and I took this woman into custody with the things, and she was bound over.

ELIZABETH FLOWERS sworn.

I saw the prisoner with a knife on the stairs.

Another WITNESS sworn.

I saw the prisoner have these breeches on the Sunday morning, laying on a bench, that were put into a bundle that that he took out of the book keeper's bed room; I knew them by two marks of grease on the left thigh I had observed.

Prisoner. Had not you and me and the book-keeper a glass of gin together? - Yes, between seven and eight.

DAVID BRADSHAW sworn.

On Sunday morning, between twelve and one, I was going to bed, and I suspected there was somebody in the stables by the barking of a tarrier, and I found the prisoner asleep there; I was angry with the watchman, but he said no harm had come; I knew the prisoner by his standing at a public house adjoining to the inn, to take parcels away that are brought to the warehouse of the inn; I heard nothing more of him till about nine on Sunday evening; I was alarmed as I was at supper in the bar, by the former witness calling out that there were thieves in the gallery, accordingly I went up stairs; they directed me to the part of the chambers which I found to be the book-keeper's room; I saw the things thrown about, and some appeared to be falling; while I was up in the gallery I was called to that he was in the house; I delivered him to the patrole.

ALICE WILLIAMS sworn.

I live in Bishopsgate-street, I get my bread in Leadenhall-market, I black shoes; I never saw the prisoner with my eyes before now, on the Monday morning I came about a quarter before ten, and opened the door to clean my shoes, there was no lock to it, and there I found some things, three pair of breeches and four waistcoats, I carried them to Mr. Bayley's.

THOMAS BRANN sworn.

I have had the things ever since.

(Produced and deposed to.)

PRISONER's DEFENCE.

I went into the necessary in Leadenhall-market, and I saw one pair of breeches lay, and I put them on, and they took me into custody; I was in liquor.

Court. Did you leave your own breeches behind you? - Yes.

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

GUILTY .

Tried by the London Jury before Mr. Justice WILSON.

[Transportation. See summary.]

Reference Number: t17890909-6

579. WILLIAM BEADLE , otherwise WILLIAM SMITH , was indicted for feloniously stealing, on the 8th of July last, a black mare, value 10 guineas , the property of George Dodd .

GEORGE DODD sworn.

I live at Great Waley in Essex ; I lost my mare on Wednesday the 8th of July, she was taken out of the field, opposite my yard, joining to the road; she was put in on the Wednesday, at four o'clock; on the Thursday she was taken out; I missed her at three o'clock; I found the gate open when I went to fetch her up, and there was a horse with her, who was in the road; I could get no information of her, till I came to Bow-street; by my giving a description, Dalton the runner found her, at the Cock, at Soho, there she was stopped; I swore to her, and took her home; I am sure of the mare being mine.

THOMAS SMITH sworn.

Mr. Patie and the prisoner came to me in Oxford Road, on Thursday morning, the 9th of July, and said he had a horse to sell: Mr. Patie desired me to look at the horse, he being near sighted; I went to Great Queen-street, and saw the mare, the prisoner asked eight guineas for her, she was a black mare, fifteen hands high, aged, she had a star in her face, and flat footed; I bid him five guineas for her, we dealt at five guineas, I cannot tell the name of the public house, we gave him a guinea earnest, it was about nine in the morning, the prisoner said, you pay for some beer here, and I will pay for what we have there, meaning the Three Tons, in Oxford-road, where we were going; he said I have been out all night after this mare, and he was hungry, and he would buy a steak, going along; why says I, is this mare, your mare, or do you sell it for any body else? he said no, it was not his own, he sold it for one Mr. Shaw in Long-acre, and he said the mare was his, and he said this poor man Shaw was in trouble and the bailiffs were in his house; then Mr. Patie went to the 3 Tons, and he stopped to buy some steaks; I had some suspicion of the mare, and told Patie so, and when we came into the house this prisoner came in with some steaks; there was an acquaintance of our's, and Mr. Patie and me sent him to enquire for Mr. Shaw of Long-acre; he went, and came back, and said there was no such person; so I said to the prisoner, whereabouts does this Mr. Shaw live? and he said he lived very nigh, the next door almost to Mr. Hatchet's, the corner house; and kept a shop; and the man said he might be mistaken, and went again; and he came back, and said he could find no such man; then the prisoner said he would go and shew me the house; but when we came to Crown-street, he would not go to Long-acre; he

said he had sent Shaw a letter, who was to meet him, at King-street, Bloomsbury; I went with him, to King-street, Bloomsbury; and he enquired only for Mr. Shaw, and the landlord said he had not been there that morning; then the prisoner asked if he was there last night, and they said no; then I went to the constable to take him up, suspecting he had stolen the mare, and I fetched Mr. Dalton; he took the prisoner into custody.

Prisoner. Did not I tell you, I was out at two in the morning, and not all night? - He said he had been out a great while, I think it was all night.

SAMUEL PATIE sworn.

The prisoner came to me at eight in the morning, on the 9th of July; he told me he had a mare belonging to Mr Shaw of Long-acre who was in trouble, and that he had fetched the mare from Lee-bridge at two in the morning; so I told him if I could find out Smith I would take him with me to look at the mare; so me and Smith and the prisoner went together to this stable in Queen-street, Lincoln's-inn-fields, we saw the mare out; he asked eight guineas, I bid him five and put a guinea down; he said it is too little, but you shall have it, and he took up the guinea, and I told him to bring the mare to the stables at the Three Tuns in Oxford-road, and I would go and get the money for the residue; and I looked at the mare and said to one Mr. Teys, I am afraid this mare is stolen, and he said I will go down into Long-acre to seek for Mr. Shaw; he went and returned; and said there was no such man; then I went in and asked the prisoner, and he said he lived next to Mr. Hatchett, and he had dealt with him many years; then Teys went down again and returned; and the prisoner said he would go with them, and they went in half an hour; the prisoner wanted me to give him a receipt; I said no, I would know how he came by the mare; he said he would give me the guinea back again, and he gave me eight shillings back out of the guinea, and said I should keep the mare if it was a month till I knew how it was come by, if it was a month he was in no hurry; he said he would write me a receipt for the mare, and sent for a two penny-stamp, I said I would know how he came by the mare, then he said he would give me the guinea back again; I said then give it me back again; and he gave me eight shillings; he had no more left; then he wanted to go; I sent down to Litchfield-street to the office.

Jury. Are Smith and you partners or do you employ him as a servant? - I employ him as a servant.

THOMAS DALTON sworn.

On the 9th of July I was at the Rotation-office in Litchfield-street, and Smith came down, I went with him to the Three Tuns in Oxford-street; I took the prisoner into custody; I waited with him till they fetched the mare out of the stable, Mr. Patie told me it was his stable; I desired they would bring it and come along with me, I took the prisoner and the mare to Litchfield-street office; the magistrates were gone out of the office; I put the prisoner into St. Ann's-watch house, and the mare I took to the White Bear livery-stable, St. Ann's Soho, I gave the stable-keeper charge of her, to suffer no person to have her but myself; at six in the evening the prisoner was brought before the magistrate and committed on suspicion according to the evidence; I enquired of him very minutely who he was, and where he had lived; I searched him and found this pocket book with several receipts in it in the name of Beadle; I told him then his name could not be Smith, as he had made out the receipt which I found in his pocket book, in the name of Smith; the receipt in his pocket book was to receive the money for a Mr. Shaw who he said lived in Long-acre, I went to enquire, and at last heard of a Mr. Shaw that had lived in Mercer-street, Long-acre, that had kept a chandler's shop and dealt in vinegar, which he told me; the prisoner did not say Mercers-street, he told me Long-acre; I

found several receipts in his pocket book as receipts from Mr. Shaw, some for grocery and some for vinegar, and upon enquiry the people could not tell me where he was: but he was gone away; then the prisoner told me he had the mare from a miller at Lee Bridge out of his marshes, I think his name was Hodges; I went down to Lee Bridge to enquire, and on enquiry there I found they had had none in the marshes for a considerable time; the prisoner farther informed me that he had left word at the turnpike gate at Lee Bridge to inform Mr. Hodges the miller that he had taken Mr. Shaw's mare from the marshes; upon enquiry at the turnpike gate they told me they had had no such message; and Hodges told me he had not had one in the marshes for some time past; he referred me to the marsh driver at Hackney, to know if any had been strolling about; the marsh driver said he had not seen any; and I got a direction to Mr. Dodd; the prosecutor swore to his mare and the prisoner was committed; when the prosecutor came up to town he gave me a description of a man he suspected, that had been at his stables, which answered to the description the prisoner gave to me of Shaw; and according to the description given when he came to town and saw the prisoner, says he, that is not the man I suspected; he then described a person that seemed to me to answer the description that the prisoner had given me of Shaw.

Court to Mr. Dodd. What sort of a mare was your mare? - A black mare about fifteen hands high or better, two white feet behind, ten or a dozen years old, but she was past eight; there was a man came into the stable on the Tuesday night, before I lost the mare, and he asked my servant if he could tell him of a job, I was in the yard but he said nothing to me, but turned out of the stable again; he appeared to have a shortish white waistcoat on, about my pitch, I rather suspected the man, after the prisoner was taken I said to Mr. Dalton, this is not the man I suspected him to be; I have no other reason for suspecting the other man, he was a stranger to me.

Did you ever find out a man of the name of Shaw that they talked of? - No, I do not know any such man; I have enquired, but not heard of such a man; I never saw the prisoner before.

THOMAS SMITH sworn.

I only went to the public house with this person; I never went to Long-acre to enquire about him; I never found him.

Court to Patie. Did you ever find out this Shaw? - No, never; I never heard the description of him any further than the prisoner said he lived in Long-acre, and he dealt with him, and he was in trouble.

Dalton. I never could find Shaw; the receipt I found was a receipt for the use of Mr. Shaw, Long-acre; in his pocket book I found receipts of Shaw to the prisoner, under the name of Beadle; I have made several enquiries about Shaw, but I never could find him.

PRISONER's DEFENCE.

Late in the evening Mr. Shaw's servant maid came to me, and said she had a note from her master, which I read, desiring me to go to such a place, to fetch up a mare from just beyond Lee Bridge, and sell her (as he was in trouble) for what I could, and he would meet me at the Bedford Head, Bloomsbury, and receive the money; that was on Wednesday night; I had not seen Shaw a day or two before; I heard Patie bought horses; I went to him and told him I had one to dispose of, and they went with me to Great Queen-street; I got up much about two o'clock; I live at Islington. Mr. Patie said my man is at such a place; my man buys all my horses; I asked him eight guineas, the man said no, she is a very old mare, and very bad feet; I cannot give so much; we had a pot of porter, and he said I will give five guineas, and if any body will give me a guinea more, they shall have her; says Patie I

have a guinea; and he gave me the guinea; I told him do not want you to pay me; I wrote a note before ever I was stopped, and sent to Shaw, and gave a man a shilling to go to him, desiring him to come and take his money; and they know that.

Smith. I remember, coming along, he had just written a bit of a note; and there was a man with a round frock on called out of the street -

Prisoner. A man that the landlord said I might send safely.

Smith. He called in the man, and gave him a shilling to go somewhere; I understood it was to go to White chapel.

Court. Who was it to? - It was to Mr. Shaw, to come to the Bedford Head to meet him, and take his money.

Prisoner. I returned all the rest of the money back to Patie, for I went out in the morning, and did not return at all there; when we went to the Queen's Head, Bloomsbury, Shaw had not been there; and I never saw him from that hour to this, nor never could hear of him.

NOT GUILTY .

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

Reference Number: t17890909-7

580. MARY DUNNIVAN was indicted for stealing, on the 5th of August , a cotton shawl, value 3 s. the property of Joseph Owen .

JOSEPH OWEN sworn.

I am a linen draper in Oxford-street ; I was not at home when the accident happened.

JOHN BENNETT sworn.

I am servant to Mr. Owen; on Wednesday morning, the 5th of August, the prisoner with another woman came to our shop; the prisoner desired to look at some shawls I shewed her several quantities; she agreed for one at two shillings and threepence; she took out a shilling and offered it as part of the money for the shawl; I saw it was a bad one, and I refused to take it; she said she would fetch me another; she then left the shop; I looked after her, and looked over the shawls, and found one of them missing; I asked a young man, he said he could not find it; I then went after her, and saw her walking before me; when she saw me coming, she set out running; I called after her stop thief; the people directed me where to find her; when I found her I charged her with having taken the shawl, she denied it, and began to strip herself; I said she must go with me; she fell down on her knees, and said, O Sir, I hope you will forgive me, I will pay for the shawl; I then took hold of her, and led her out into another room, through which she had passed, and there the shawl lay in a chair; I have kept the shawl ever since; this is the same; I depose to it by the mark in the corner, which I observed before I shewed it to her; the mark is an O and an A, with a stroke between them; it is not our mark; I do not know the hand writing; we have only one of this pattern and mark.

Prisoner. He has not spoke right; that is not the shawl.

Prosecutor. This is a cotton shawl; it is mine by a particular mark.

PRISONER's DEFENCE.

I came into this shop to buy a piece of cotton; he took some down at two shillings, and some at two shillings and sixpence; I laid down my money, and one of the shillings was bad, and I said I will go back and change this shilling; and he came after me and said I stole his shawl; I let him search me; he found nothing; the shop door was open, and the shawls laying by the door, and man a one might have brought it there besides me.

GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

[Transportation. See summary.]

Reference Number: t17890909-8

581. FRANCIS BURROW and RICHARD STROUD were indicted for feloniously assaulting David Mackintosh on the king's highway, on the 16th of August last, and putting him in fear and danger of his life, and feloniously taking from his person, and against his will, a hat, value 1 s. and 6 s. 6 d. in monies, his property .

DAVID MACKINTOSH sworn.

I was robbed in Tothil-street, Westminster , on the 15th or 16th of August last, about twelve at night; I was coming home to Holborn.

Was you sober? - Yes; these men and another came and laid hold of me, and asked where I was going? I told them I was going home; and then Burrows asked me what I had got? I told him nothing; he put his hand into my pocket, the other two ran before him, and he knocked me down; I struggled for my money, but he got it before he knocked me down.

Had either of the other two spoken to you at all? - Yes, they were accusing me, and calling me all they could call me.

What were they accusing you of? - They were calling me many names; it was the prisoner Burrows that asked where I was going; the other man did not speak; they were speaking to him; I do not know what they said, but they went off; none of them touched me but Burrows.

What sort of a night was it, light or dark? - I think it was about twelve o'clock; it was a dark night; it was not very clear; I struggled with Burrows some time, till I got assistance, and he ran through a narrow passage; I called for the watch, and kept hold of him, he knocked me down and took my hat, and another man seized me by the collar directly; that was after we got down the passage; the passage was a thoroughfare, the street is called the Amby; it was so dark I could not distinguish the faces, except of the man that I caught hold of; the other went off; I held him by the coat till he knocked me down the second time, and I got help; I never missed him; he never was out of my reach or sight, till the watchman and another man came to my assistance; the prisoner was taken and carried to the watch-house; he was in soldiers clothes; the other was taken about a quarter of an hour after; that is the other lad in the red coat: I gave information of three; the prisoner was not searched till he came to the watch-house; the prisoner Burrows came and snatched the hat from the other prisoner, and ran off with it; I saw him; that was before we got him to the watch-house: I saw no money found on him when he was searched; the struggle was some time; they had all bayonets hung in their belts, but used no arms to me.

Mr. M'Nally, Prisoner's Counsel. What business are you? - I am a porter.

Are not you a waiter at a public house? - No.

What house are you porter to? - A gentleman in Ely place.

What gentleman? - Mr. Brodie.

Were not you then, or are not you now waiter at a public house in Holborn? - No, I was not.

What is Mr Brodie? - A wine merchant: I was at a friend's that I have in Westminster, the soldier came up to me, and asked me directly where I was going.

What conversation had you before this? Not much; they asked me where I was going? and I told them I was going home; and in the mean time they had their hands in my pocket; there was no conversation but them words; when this lad had his hand in my pocket; that was Stroud, I saw him putting his hand in my right hand waistcoat pocket.

It was dark? - Yes, it was not moonlight; it was dark; I was a great deal frightened.

Was you near a lamp? - I cannot exactly say.

Was there sufficient light for you to distinguish one man's countenance from another? - Yes; I recollect the countenance of the lad in brown; I do not swear to the countenance of the man in red; the one

that robbed me I never let him out of my sight or hands.

Was not the blow by which you lost your hat a blow in the man's defence, when he was pursued? - He gave me a blow down, he took off my hat and knocked me down after taking it off.

Was not you fighting at the time he took off your hat? - I was struggling to hold him, he was not struggling to get from me, he took off my hat and knocked me down and went forwards.

JOHN CURTIS sworn.

I am a watchman in the Ambry, just before one in the morning, the 15th of August, watch was called; watch! watch! I am robbed of my hat! I ran up and there were three soldiers with their side-arms on and the prosecutor on the ground, when I got up the prisoner Burrows had his hat in his hand; I was going to take hold of Burrows and Richard Stroud took and pushed me away; another man came to my assistance, and I took Burrows as soon as I recovered myself, Stroud snatched the hat out of Burrows's hand and ran away, I ran a little way after Stroud but he got away with the hat, immediately I secured Burrows.

Did you ever see these soldiers before? - I never saw them with my eyes before, we have so many soldiers, it was a dark night; I ran up and held my candle and lanthorn right in their faces to see whether I could swear to their faces again.

That could be only for a short time? - No, Burrows never quitted me.

To Prosecutor. I want to ask you upon your oath and you will be cautious whether in that very short time you had such a view of the face of Stroud as that you can swear he was the man that snatched off the hat and run away? - Yes, and I saw him again in about a quarter of an hour.

To Curtis. Then he called out watch, watch, I am robbed of my hat? - Yes.

That was all he said? - Yes, he did not say he was robbed of any thing else, he was on the ground, he complained of nothing but the loss of his hat, he did not mention any money that I heard till he got into the watch-house.

EDWARD WILSON sworn.

I had been over in the Borough on some business of my master's, it was twelve o'clock, and I went in to have some oysters for my supper, and I saw there three soldiers and David Mackintosh sitting all together, as if they had been of one company; they were sitting quite quietly together, and appeared to me as it the, had come out of the court which comes out of Tothil street into the great Ambry; some conversation passed between them but I did not hear it; presently this young man in the brown coat snatched his hat off his head and pushed him down or shoved him down, he fell, he said we will have this, I immediately made after him, and he did not run above two roods, and I caught hold of him, hat was Stroud; I did not hear any cry out till I had hold, he never spoke after he was on the ground, then I hallooed out for the watchman, and as he was coming up the other young man pushed him aside, and he got up again and made after him, but I called him back, and said let us take this and deliver him to the watchman, and that is all know of him, I never saw this young man before.

From this slight view of the man in the red coat, how can you be sure that is the same man? - I saw the face plain before any thing of this happened; they were all sitting together.

Then they were not one going one way and the others pursuing? - No, not till this hat was snatched off as I saw, I lodged the prisoner in the watch house, I know no more.

Mr. M'Nally. They appeared to be persons sitting in a friendly manner? - They did.

JOSEPH ELLIOT sworn.

I am one of the patrole; I saw the two watchmen taking a man to the watch house, I followed them; I heard this man giving

a charge that he was robbed in the affray, and a person came and gave me information one of the parties were there; I went to lay hold of Stroud, he drew his bayonet three parts out, and a person came and brought the hat but she is not here, her name is Lydia Sawyer ; I did not see the hat taken from the prisoner; I took the man in the red coat in the Broad Sanctuary.

JOHN WATTS sworn.

I was constable of the night, this Curtis and another brought in Burrows, and Mackintosh came and gave a charge, and said he had been robbed of six shillings and sixpence and his hat; I searched Burrows but I found nothing upon him but some halfpence and his black collar; by the time that was done a woman came to the watch-house door and threw in a hat, and said there was the hat and that the other party was in the Broad Sanctuary; and in about ten minutes after Stroud was brought in; in the hurry I forgot to search Stroud, but I searched him immediately after he was locked up, there was nothing found upon him except halfpence.

Jury. Was Mackintosh sober when he came to give the charge? - He appeared to me to be the same as he is now.

Court to Prosecutor. You are quite sure you are not a waiter at a publick house in Holborn? - No.

Never? - Never.

Had you or had you not any acquaintance with either of these two prisoners or with the three soldiers before you saw them that night? - No.

Have you ever seen any of them before? - Not to my knowledge.

You said that they abused you and called you names? - My lord, it was the name when Stroud laid hold of me, they said knock him down, that was the very name that they said and ran off.

But that is not calling you names? - No more; they were talking to themselves, but I do not know any thing more, the other men stopped and Stroud was behind, then they stood, and Stroud came and I laid hold of him, and says I give me my own; and he knocked me down, and I called for the watch.

Was not you afraid to attack three soldiers that had bayonets? - I was afraid.

How came you to follow them? - To get some assistance; I always had hold of Burrows by the coat, and these other men did not come to his assistance, but they stopped till I took the hat out of his hand.

PRISONER BURROW's DEFENCE.

We were coming home and met this Mackintosh in the Ambry with some girls, just against this dark passage, and I heard Mackintosh say he had lost five shillings and sixpence; we were standing by, and that is all I know about it.

Prisoner Stroud. I have nothing to say in my defence.

Court to watchman. You was near this passage? - My box is within one hundred or one hundred and twenty yards from it, I was at my box when I heard the cry.

Court to Wilson. Did you see any girl about the place at that time? - No, I did not take any notice of any such thing, I did not see any.

Did you observe that any one had hold of the others coat? - I did not observe any such thing, the first thing I observed was the snatching of the hat.

BOTH NOT GUILTY .

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

Reference Number: t17890909-9

582. JEREMIAH MAHONY and PATRICK TWOHIG were indicted for feloniously assaulting Jeremiah Callahan , on the king's highway, on the 16th of August last, and putting him in fear and danger of his life, and feloniously taking from his person and against his will, one pitch fork with a wooden handle, value 2 d. six shillings, and nine halfpence, his property .

JEREMIAH CALLAHAN sworn.

I am a weaver by trade, but I was a hay-making the week before, the 16th of August, out all the summer making of hay; on the 16th of August about one in the morning I was knocked down by the prisoner, we were after eating our supper, when we came in company to London on the 15th of August, I had been a haymaking till near nine, then we came to the farmer's house, and he paid our wages; I was making hay for Mr. Larmas near Edgware, I was paid at the rate of ten shillings per week, I was paid nine shillings; the two prisoners had been making hay with me, they received their money at the same time, one of them, I believe that little man, got half a guinea and threepence halfpenny or fourpence, Cornelius Dunnovan was with me, he received his money also; we all concluded to eat our supper together at some publick house that we knew; we all went there, I cannot tell the name of it, it was at Edgware, we staid there till a little after twelve o'clock, till the woman of the house told us she would give no more liquor, and turned us out because it was Sunday morning; then the two prisoners and Cornelius Dunnovan and myself set off for London; I paid my part of the reckoning, I believe about four-pence or fivepence for my share of it, for every one paid an equal share; I had drank porter but I did not keep a right account of it; I was quite sober, the others were quite sober as far as I could guess by them, we came as far as the Hyde on the high road ; then them two gentlemen in the bar my lord came to the cooks shop that was thereabouts, that they resorted to, and they wanted forcibly for the woman to get up at that time of night, she was in bed, they wanted to get meat of her to eat; the door of the house was locked.

Did you help them to make a noise there? - No, I begged of them to come along the road to London, they made a great noise there, and there was a man above stairs threatened to shoot them, they were at the door from five to ten minutes, we all came in company from that place, the space of half a mile, as near as I can tell, when Jeremiah Mahony met with four Englishmen that were coming from the Hoop.

Was it late? - It was near one in the morning; this man Mahony, and Dunnovan wanted, right or wrong, to fight with the people they were Englishmen by their discourse, he and one of his comrades wanted to fight with all four Englishmen, and I prevailed upon him, and the other, to let the people pass, and the people went off, and walked I believe the space of a quarter of a mile myself on before them, and they were coming after me, when Mahony came behind me, and took my fork off my shoulder, struck me with it, and knocked me down, and told me, as he had not satisfaction out of the men that passed by, that he would out of me then; he would have quarrelled with every body he met; then he quarrelled with me; I said nothing, only begged of him to spare my life; he knocked me down several times, and stabbed me in my arm, with my own fork, and took 6 s. 4 1/2 d. out of my right hand pocket, while I was on the fiat of my back; the prisoner Twohig struck me once with a stick; he did not knock me down, it was near one in the morning, it was light enough, that you could see sixty or eighty miles in the road; I lay there for dead, and I saw Mahony go back to the Hyde, with my fork in his hand; I lay there by the hedge, until the day broke upon me, in the morning.

When did you get up? - Just as the day broke, and the morning sun; that was I believe about four o'clock; then I came towards London, to the lodging that I always resorted to; I went to see whether I could get any justice, or a constable to apprehend these people; I went to the justice, but no justice would hear me, it was Sunday; I did not go to any justice the next day, for I never expected to meet one of them afterwards till the Wednesday. I met Mahony just at the end of Oxford-road, I took him, and carried him to the

justice; when I asked him to spare me my life, he desired me to lay alongside of my countrys an that hung in chains thereabouts; I lost all my money, I was perfectly sober indeed, they seemed to me to be sober, excepting Mahony, and he could not be drunk, from what was there, nor none of them; I say they were sober.

Then Mahony was sober? - Yes, but he would wrangle with any body; I could hear that character of him afterwards.

But what did you mean, by saying that they were all sober, excepting Mahony? - I did not except him, they were all sober.

RICHARD RUNNEY sworn.

I am a constable of St. George's bloomsbury; I was sent for, to take Mahony into custody on this charge, while I was taking Mahony to St. Giles's round-house, he seemed to be very desirous of making it up with the prosecutor; he said that if he would forgive him, he would give him his money again, that was all I heard, the other said at first, that if he would pay him six shillings and four-pence halfpenny, and pay him for his time he would make it up.

JOHN TAYLOR sworn.

I am one of the constables of Saint Giles's; whilst Mahony was in the watch house, I had occasion to go there about another prisoner. I spoke to the prisoner, and asked him where his other two accomplices were, he seemed to be very loth to tell me; but he did, and we went to apprehend them; we apprehended Twohig a few days after, the upper end of Holborn; he said Dunnovan kneeled upon him, while the money was taken, but he would not say who took the money, he halted at that, his words came out very slowly.

PRISONER MAHONY's DEFENCE.

I did not rob him, I never had any call to rob him, indeed upon my soul; nor this man was not by at all at the time.

PRISONER TWOHIG's DEFENCE.

I was not in the four at all, and I do not know any more about it, than the youngest infant in London.

Court to Prosecutor. How long have you and the prisoners been acquainted? - We worked together for that week.

Did you know them before? - Yes, we worked in company for three or four days; I did not know them in Ireland, I knew they lodged at the Hyde.

BOTH NOT GUILTY .

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

Reference Number: t17890909-10

583. RICHARD RIDGE , GILBERT BAKER , WILLIAM LLOYD , WILLIAM SHAW , and JAMES M'CAULEY , were indicted, for feloniously and burglariously breaking and entering the dwelling house of Susannah Dewell , on the 21st of August last, about nine in the night, and burglariously stealing therein, a stuff coat, value 1 s. two cloth waistcoats, value 4 s. a child's cotton ditto, value 2 s. a cotton bedgown, value 2 s. a flannel waistcoat, value 3 s. a shalloon ditto, value 3 s. and one cloth coat, value 2 s. her property .

SUSANNAH DEWELL sworn.

I am a sales-woman at Brentford , a widow ; on the 21st of August I was at work in the evening between eight and nine; it was quite dark without candles; I am sure I could not have seen anybody's face, without a candle; I am very sure the door was shut, I heard the latch lift up; I asked who was there; there being no answer made, I got up; the shop was in the front towards the street, and the kitchen behind it; I missed from the shop the several articles in the indictment; some had been hanging without and some within, but they had been all taken down, and laid on the counter; I saw them afterwards on the Wednesday, at Bow-street.

Prisoner. She said at the justice's, that her child might touch the latch? - I thought

it might have been one of my children, but asking who was there, and they not answering, I got up immediately.

WILLIAM COLE sworn.

I lost nine geese, and I went in pursuit of some persons on the road; I took in my company, a man of the name of John Street; overtook the prisoners at Acton, at nine in the morning, they had two asses, loaden with hampers, there were many articles of wearing apparel in the hampers, and a crow.

ELIZABETH SPACE sworn.

I live three miles the other side of Brentford; on Saturday, the 27th of August, about five in the morning, I observed the prisoners, they are the men to the best of my knowledge; I saw four men and a boy, and I told Mr. Cole which way they went, towards Hessham.

CHARLES JEALOUS sworn.

I was at Bow-street when these men were brought in; a person came to me, and gave me information, and I took this waistcoat off M'Cauley, at Bow-street, and this coat I took off Ridge; I never saw Shaw or M'Cauley in my life, I am not the apprehender of any one of them.

Prosecutrix. This is my coat and waistcoat, and all these things; they were on the counter a few minutes before I got up, I am sure they are my property.

PRISONER RIDGE's DEFENCE.

I had been seeking for work, and could not get any, I saw some men coming over Hounslow Heath, and they asked me if I had lost a jack-ass; they gave me a jack-ass, loaded with hampers, and they desired me to take and find an owner for it, so I drove it along, and I overtook this lad; the waistcoat and coat were at top; it rained, and I took the coat and put it on to keep off the rain; before I came to Acton, I overtook the other prisoners, and when we came to Acton, we were stopped, the man came to the jack-ass, and owned it at the justice's.

PRISONER BAKER's DEFENCE.

I went to Brentford, my father was extremely ill; I went with two of the other prisoners, I arrived there the Friday afternoon, I slept at the Bull, and got up about four in the morning, I was very ill, and came to Town, and I met these men, and this boy, driving a jack-ass and hampers; he asked what it was o'clock, it was past five; he said, which road are you going? I said, towards Acton to go home; then I went into the Red Lion, to get a pot of beer, and some bread and cheese, we came out, and Mr. Cole stopped us.

PRISONER M'CAULEY's DEFENCE.

I got up to go to work about three in the morning; I went to the Bull, at Hounslow; I could not find my aunt's, and the man overtook me; says he, here is a jackass strolling along, it was the gentleman in blue, that overtook me; but it rained, and he said, as it rains, we may as well put on these things; so I put on the waistcoat.

Court. How far is Acton from Brentford? - Rather better than three miles.

Court to Cole. Did any conversation pass about this business? - They owned one ass; Ridge owned that which was loaded, but not the others.

Did the others take any part? - Two of them tried to make their escape; that was Shaw, and Baker (the boy), they were all together, before I overtook them.

The prisoner Lloyd called two witnesses to his character.

The prisoner M'Cauley called four witnesses to his character.

ALL FIVE, GUILTY of stealing .

Tried by the second Middlesex Jury before Mr. RECORDER.

[Transportation. See summary.]

Reference Number: t17890909-11

584. SAMUEL AVERY was indicted for feloniously assaulting William Booth

on the king's highway on the 1st of September , and putting him in fear, and feloniously taking from his person, and against his will, a linen handkerchief, value 6 d. a cloth waistcoat, value 6 d. two linen waistcoats, value 8 d. a pair of kerseymere breeches, value 3 s. his property .

WILLIAM BOOTH sworn.

On the 1st of September, at Andrew's gardens, Shoreditch , about nine at night I lost the things in the indictment; I was coming from Rag-fair, and a man came behind me and took hold of a bundle which I had under my left arm, and he violently took it away by force; he gave a snatch or pull, or both; he pulled me quite round in pulling at the bundle; he ran away as soon as he had got the bundle; I cried stop thief; nobody was with me, but a great many soon assembled; I did not see him at first, but when he turned me round, I saw him with the bundle; I went after the thief the way he ran; I lost sight of him; I ran into Kingsland-road; it was nine at night, and moonlight; and presently the next witness, William Tilley , came and said, perhaps we can find the bundle; I did not see it found; they brought it to me; that was three or four minutes after I lost it; and in about ten minutes after, Armstrong the officer brought the prisoner to me; the man that took the bundle; then I went home, and took the bundle with me; I have had them ever since (looks at the things); they are mine; there are no particular marks; the breeches were a little mended between the legs; I do not know I ever saw the prisoner before; I saw his face particularly; and when he turned his back, I saw his garb; I am sure he is the man.

Court. What reason have you for being so sure? - I took notice of his face; and another thing, he was so mean in his garb.

He had the same sort of dress that the man had that snatched the bundle from you? - Yes.

JOHN ARMSTRONG sworn.

I was about fifty or sixty yards from these gardens, waiting to have some oysters, and I saw the prisoner run; he crossed a turning to go on the other side of the way; I followed him; he fell into a large gulley-hole; I brought him back; I was directed to the prosecutor; I never saw him in possession of any bundle; the prosecutor immediately said that is the person.

WILLIAM TILLEY sworn.

I saw Mr. Booth coming up Shoreditch with a bundle, about nine in the evening; I stopped a few minutes at a gentleman's house, and I heard a noise; somebody had lost a bundle: I saw Mr. Booth; I said, have you lost your bundle? he said he had; another man stepped up to him, and said the man has not got your bundle; I did not know that man; I directly said, then he has thrown your bundle away among a number of trees that lay there for a pump-borer's; there we found the bundle; I took it to Booth; I never saw the thief have it.

Prisoner. This witness did not appear at the Justice's; I was going along, and I heard the cry of stop thief, and I ran like another; I have witnesses.

The prisoner called three witnesses to his character.

NOT GUILTY .

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

Reference Number: t17890909-12

585. ELIZABETH CHANCE was indicted for stealing, on the 4th of September , a watch, inside case made of base metal, outside case silver, value 20 s. the property of William Voucher , privily from his person .

WILLIAM VOUCHER sworn.

I am a hair dresser ; I was coming along Oxford road between one and two; I met the prisoner, and being rather in liquor, I went with her into Bentick-street , and in a little while she broke from me all at once, and I missed my watch; I called a watchman

to take her, and in the scuffle the watch fell to the ground; I saw it on the ground, but I did not see or hear it fall; I was rather in liquor; I did not intend to go home with the prisoner.

Court. Had you any money in your pocket? - None; I do not recollect she asked me for any.

Did you feel any thing like the prisoner's pulling it out of your pocket? - No, I did not.

RICHARD HARRIS sworn.

I am a watchman, on Friday last I was called, there was another woman who said she was waiting for a young woman, and at that instant the prisoner came running down, I stopped her, and she had the watch in her hand; I saw it in her hand; she went to give it to another woman; I caught hold of her hand to take it from her, and she dropped it, and I picked it up; and I gave it to the young man, and advised him to let her go; he was much in liquor, and very obstinate, and he would not; the girl swore pretty much, and said he wanted to use her ill for the property; but he was not come up then, for his breeches were loose about his heels; she said he had no money; I kept the watch ever since; I gave it to the young man, and it was returned to me at the Justice's.

Prosecutor. This is my watch; I know it by the maker's name and number; I have had it five or six years.

Court. Was not you so drunk as not to be sure whether that is the woman? - No; I knew what I was after; this is the woman.

PRISONER's DEFENCE.

I met the man in Oxford-road; he asked me where I was going? I said home; he asked me to go with him a little way; I went with him, and asked him for some money; he had only six-pence; I would not go with him; he ran after me, and the watchman says the watch fell between the other girl and me; I had not the watch in my hand.

NOT GUILTY .

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

Reference Number: t17890909-13

586. SARAH CONJUIT , and ELIZABETH, wife of JOHN WOOD , were indicted for feloniously stealing a pair of silk stockings, value 7 s. a pair of cotton ditto, value 3 s. 6 d. the property of Isaac Garner , privily in his shop .

ISAAC GARNER sworn.

I live near Shoreditch turnpike ; I am a hosier ; I was not at home at the time the robbery happened; I only speak to the property.

ELIZABETH GARNER sworn.

On the 19th of August , the two prisoners came into our shop; I never saw them before; I was in the shop; the prisoner Wood asked for men's ribbed cotton stockings; I shewed them some at three shillings and six-pence a pair; they did not like the rib; I shewed them another, but they were not fine enough; then the prisoner Conjuit said there is a pair at the corner of the window, of dark stockings with clocks, which we wish to look at; while I was getting them, I saw the tall prisoner take the pair of cotton; I did not see her take the pair of silk; I asked her four shillings for the dark stockings; she bid me three shillings; I told her we did not deal in that manner; then she bid me six-pence more; I saw the cotton stockings under her arm; I did not see the silk stockings till I came round the counter; she had put the cotton stockings under her cloak; under her right arm, but covered them quite; I took them from her; she gave me bad language; they were both in liquor; she swore, but I cannot recollect the words: the prisoner Wood dropped the silk stockings from her left side, when I shook her; and

the little prisoner took them up, and said are these yours? I said yes; and sent for an officer; he told me to take them into the parlour and search them; I found nothing but duplicates of four pair of stockings pawned that day; I never saw the prisoners before; I saw the silk stockings ten minutes before they came in; they hung on a line at the door and the cotton next to them; the prisoners were twenty minutes in the shop after I began to suspect them; I looked sharp, and saw the prisoner Wood take the cotton stockings.

Court. What distance from the line was the prisoner? - About two yards.

Was it possible these stockings could be shook off the line? - I was on the opposite side of the shop, towards the top, and the line was at the door; I gave the stockings to the officer, and he gave them to me again; I have kept them till this morning.

(The stockings produced and deposed to.)

JAMES SHAKESHAFT sworn.

I returned the same stockings again to Mrs. Garner.

PRISONER WOOD's DEFENCE.

I went to buy my husband a pair of stocings; I asked for a pair of mottled stockings with clocks; she shewed me one pair: I told her, they were too good; she said she missed a pair of stockings; she ran from behind the counter, and shook me in such a manner, whether they fell down or not, I cannot say; I sell things in the streets.

PRISONER CONJUIT's DEFENCE.

I went with this Mrs. Wood to buy a pair of stockings; I had the child in my arms, I saw a pair of silk stockings laying, the child took them up, and gave them to the prosecutrix, the prosecutrix bid me go; she said she said she had nothing against me, I would not go out, the officer came and took us both.

Prosecutrix. I stopped her, and would not let her go, I locked her in, she said she had left half a guinea over the way.

ELIZABETH GILL sworn.

I know Sarah Conjuit from a baby; and her mother and father are very honest industrious, good people; her poor mother lays almost dead in the yard now; I cannot say I ever knew any thing against her till now; she has been a girl on the town, misfortunate, but nothing else.

BOTH GUILTY, Of stealing, but not privately .

The Prosecutrix recommended the prisoners to the mercy of the Court.

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

[Transportation. See summary.]

Reference Number: t17890909-14

587. MARY DESMOND and MARY BUTLER were indicted for stealing on the 5th day of August last, one wicker basket, value 2 s. and nine pecks of French beans, value 4 s. 6 d. the property of Daniel Read .

(The witnesses examined separate.)

AMELIA READ sworn.

I live at Battersea, I sell my garden stuff at Covent Garden ; I lost nine pecks of French beans in a wicker basket; I only prove the property.

RICHARD BLOFIELD sworn.

I was the person that stopt them two gentlewomen (the prisoners), with the basket in Covent Garden market, about half past three in the morning, of the 5th of August; they brought them between them, they were talking in their discourse, in Irish, and they hought nobody understood them, and I did not understand them rightly; but I understood they had stole them; for they said they had made a good market; I never saw the women there before; I come to market every morning with my mistress's goods, they did not bring the things as tho' they wanted to sell them, it was not a proper time, so I stopt them; and I said good women what have you in your basket; they made no answer, but dropt it and made off; the watchman was coming

to his stand, and he followed them, and took them to the watch-house; I spoke to them about three or four times; when I first saw them, I suppose they were twenty yards, and I saw them resting three times, till they came to me.

(The basket produced and deposed to by the letters A. D. R.)

ANTHONY CRAGGS sworn.

I am a watch-man in Covent-garden; I saw these two women about three and when I came up, the women ran off; I asked him what was the matter, and he told me; I pursued, and took them; I asked them where they took the basket from; they denied having them.

PRISONER's DEFENCE.

We had been at a labour, and went to get some drink; the prosecutor began to behave impudent, and this woman slapped his face; and he said you Irish bitch I will be revenged of you; this prisoner dropped a shilling, and we got a candle to look for it, and this prosecutor came up.

PRISONER DESMOND's DEFENCE.

This man owes me an old grudge; he wanted to use me impudent; I was frightened at a big man laying hold of me, and I dropped a shilling; and I had a bason in my hand at the time; and the watchman came up; and then the prosecutor said these ladies are going to steal the beans.

Prosecutor. I never saw one of them before, and I have used the market fifteen years; they brought the goods out of the square by the dial; it was broad day-light.

The prisoner Butler called five witnesses, who gave her a good character.

MARY DESMOND MARY BUTLER

GUILTY .

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

[Transportation. See summary.]

Reference Number: t17890909-15

588. BRIDGET ANDERSON was indicted for stealing, on the 15th of August last, one pair of bellows, value 2 s. the property of William Barrett .

WILLIAM BARRETT sworn.

I am a broker and house-keeper; on Saturday, the 15th of August, a neighbour gave me information, and I followed the prisoner, and took a pair of bellows out of her hand which were my property, and laid at my door; I know them to be mine, and have kept them ever since.

(The bellows produced and deposed to.)

PRISONER's DEFENCE.

I was selling plumbs; a woman laid down the bellows, and I took them, and was blowing them.

Court to Prosecutor. Was this woman walking or running? - Walking from my house; she had them under her cloak; part visible, and part not.

Jury to Prosecutor. Had the woman any plumbs? - I saw none.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17890909-16

589. THOMAS WILMOT was indicted for feloniously stealing, on the 5th of August last, a watch in a gold case, value 5 l. another watch with a metal outside covered with shagreen, value 30 s. the property of Charles Poole , in his dwelling house .

MARIA POOLE sworn.

I am wife of Charles Poole ; we live in Bury-street, St. James's : Mr. Poole is a servant to Mr. Lewis; I keep a haberdasher's and hosier's shop; we have the ground floor; the house is let out in tenements; the landlord does not live in it himself; it is our separate tenement, with a separate way to it: on the 5th of August we lost a gold watch, and a metal watch with a shagreen case, out of the parlour; I saw them both at eleven o'clock; they were hung up; they were mine and my husband's; I missed them between eleven and twelve; I saw the prisoner go out at the shop door; I never saw him before; I did not see him come in; the shop door was open; I was in the bed room behind the parlour for a moment; I heard a noise, and ran to the shop door, and I saw the prisoner go out of the shop; I called after him, to know what he wanted; he made no answer, but walked on very quick; I did not then see I had missed any thing; I looked round, and missed the watches; I ran to the door again; I saw nobody about; I called a person up stairs, and ran to the shop door again, and the prisoner was then turning the corner; I gave a neighbour his description; and said I had lost both the watches; and he pursed him; he was taken to the watch-house; I saw him there about half an hour afterwards; I knew him directly; he is very singular; he has club feet, but I knew his face; I observed he had club feet when he went out of the shop door; and when he turned round to go up the street, I saw his face so as to know him again; I observed his dress, which was a brown jacket; I saw his side face when he was going up the street; I saw the watches at the Justice's.

JOHN ASH sworn.

I live with my father in Bury street; he is a coal-merchant and turner next door but one to Mrs. Poole; I was sitting in the shop window on the 5th of August; I saw the prisoner and another man come past the window to Mrs. Poole's; I rather suspected them; I watched them; I saw the prisoner go into Mrs. Poole's shop; I then sat on the stool, and in four or five minutes I saw the prisoner run by the window from Mrs. Poole's shop; I laid my head down in the window to look down

the street, and I saw Mrs. Poole hold up her hand; I went and asked her what was the matter? says she, that fellow has stole both my watches; I directly pursued him; and in Jermyn-street, close by St. James's Church-wall, I saw the prisoner walk along and turn up Church-passage; then I lost him; and I never saw him again till I was at the top of Church-passage in Piccadilly; then I just saw him walking; he happened to turn round, and seeing he was pursued, he then ran, and I called stop thief; some man attempted to catch hold of his jacket, and it tore; another man, just after, caught hold of his collar; then I caught hold of the other side, and he held one of his hands down; and I clapped my hand on his; and there, in his hand, I took the two watches; we took him to St. James's watch-house, and went to fetch Mrs. Poole; I brought her up, and we took the prisoner to justice Read's, and he was committed: the other man stood at the door; I am sure this is the man that went into the house; after he came out of the house, I saw nobody join company with him; I cannot say what became of the other man; I saw him stand at the door; the other man crossed the way when the prisoner came out.

PRISONER's DEFENCE.

I am a shoe-maker ; I was going to Brumpton-row with a pair of shoes; I sat down opposite Swallow-street, and two men came by me, and dropped these two watches; I picked them up.

(The watches produced and deposed to; the gold one by the seals, and the other by the watch-paper of the prosecutor's working.)

What is the value of the gold watch? - I do not know the value; the gold one about three guineas, the other, one guinea.

GUILTY , Death .

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

Reference Number: t17890909-17

590. JOHN CHANDLER was indicted for stealing, on the 31st of July , a copper boiling kettle, value 3 l. the property of Isabella Reevely , spinster , and Thomas Hailes .

THOMAS HAILES sworn.

I live in Wapping , in partnership with Isabella Reevely, spinster; the yard gate was broke open, and the warehouse door broke, I saw the staples had been drawn on the 1st of August; that gate is but seldom opened, to the best of my knowledge it was fast: it was a large copper kettle that holds forty gallons to boil rosin in; it was not fixed, it was taken out of the warehouse, and carried a few yards out of the yard gate; about ten yards, when we want to boil pitch we bring it out into the yard; I found it when I came at six in the morning about ten yards out of the gate, which was one hundred yards from the place where we used it. I saw the young man (the prisoner) soon after six in the morning, I heard a noise in the street, between the watchman and the prisoner about four.

WILLIAM ANDREWS sworn.

On the 1st of August about four in the morning I was going to work on a ship in Gun dock belonging to the prosecutors; I am servant to them, I had not the key of the gate; and I went to get over and the gate flew open with me, and I got down again and saw the prisoner walking towards me, coming from the kettle, and I asked the prisoner what he did there? he said he came on shore from the tier of ships, I said you could not without being all over mud, and his hands were all over rosin, as if he had been knocking the rosin out of the kettle, to make it lighter; going along he strove to get from me, and fell down in the struggle, and the watchman came and took him; I am sure the kettle had not been out two or three days before, when there is any rosin left, it remains in the kettle till the next time we use it; I did not see him with the kettle, I only saw him come from the place where it was, it is too heavy for one man;

but in about in a quarter after I traversed the foot-marks of people in the mud, who had got off.

Then if people chuse to come thro' the mud, they may get into your master's dockyard? - Yes.

Is it difficult? - Not very difficult: the kettle may be very near two hundred and a half.

Prisoner. Was not I coming out of the gate? - He was coming to the gate; the kettle was eight or nine yards from the gate.

PRISONER's DEFENCE.

I had been with a ship-mate, on board the Boston Indiaman, laying off there, all night; and I came on shore with intent to go on board my own vessel; and just coming out of the gate, the witness stopped me; I asked him, what for? he said I knew what.

Court to Andrews. Might not the footsteps you observed in the mud, be those of a person coming from the mud, instead of going to it? - No, they could not, because the person must have come through a quantity of mud, and have jumped up upon a plank, and the first foot mark in the mud was so far from the plank that he must have jumped from the plank to the mud, by taking a run first, and he could not have jumped such a distance from the mud, up upon the plank.

NOT GUILTY .

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

Reference Number: t17890909-18

591. WILLIAM AKERS was indicted for stealing, on the 13th day of July , a pair of linen breeches, value 2 s. the property of William Howard .

WILLIAM HOWARD sworn.

On the 13th of July, I lost a pair of breeches from the back of a chair, I keep a clothes shop, and a chandler's shop , next door to one another, in Cable-street ; my son called to me about eight o'clock, and told me, the prisoner had run out with something, and I run after him, and took him in White-lion-street; I took hold of him by the collar, a man who was with him run away; I have had the breeches ever since, (produced and deposed to), I missed them before I pursued him.

- HOWARD, jun.

I am going on fourteen.

Do you know the nature of an oath? - I know so far, that if I tell a lie I must go to hell.

- HOWARD, jun. sworn.

I saw the prisoner come out of our shop, I was standing at the door with my father, between the two houses; I was not so near the door the prisoner ran out of, as I was to the other; I was between four and five yards from the door.

Did you see the prisoner go into the house? - No, but I saw him come out tho'; the door was bolted when he came in, and when he was come out, I saw the door unbolted.

How could he get in? - Because I had not my head that way, I told my father, and he went after the prisoner, and brought him back, I saw the breeches hanging on the back of a chair, before the prisoner ran out; I missed them afterwards, these are the breeches.

PRISONER's DEFENCE.

I sold him a hat and quarrelled with him, being in liquor, and he charged me with the breeches.

GUILTY .

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

[Imprisonment. See summary.]

Reference Number: t17890909-19

592. THOMAS JONES was indicted for stealing, on the 7th of September , a man's hat, value 6 d. a pair of leather breeches, value 5 s. and a linen shirt, value 2 s. the property of William Jefferies .

WILLIAM JEFFERIES sworn.

I live in Spital-fields Market ; I was out with my three little boys when the things were stolen; the prisoner was a labourer at work; when I came home, I found the prisoner and my things at the justice's.

JOSEPH COLEMAN sworn.

I am a plaisterer; my master brought the prisoner to me at the prosecutor's house about five, and desired me to employ him till six; he had only worked that day for my master; accordingly, I set him to work till six, to wash a closet; I told him to pack up his tools; coming down I thought I saw Mr. Jefferies's hat on his head; Mrs. Jefferies stopped him; he said the hat was his own; I came into the shop in the god-speed and called him a dirty villain, and took off the hat, and there was his own underneath; I searched him, and in his bosom, there was a shirt; he said the shirt was his, and he was taking it to wash, and I found a pair of leather breeches, buttoned up in his own breeches; they were quite warm, he was taken before the Justice.

(The things produced and deposed to.)

PRISONER's DEFENCE.

I was bringing the things down to the housekeeper, as I had been washing the cupboard.

Prosecutor. The shirt was taken out of the drawers.

GUILTY .

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

[Imprisonment. See summary.]

Reference Number: t17890909-20

593. JOHN HAWTHORN was indicted for stealing, on the third day of August last, a hundred pounds weigh of lead, value 5 s. belonging to the most noble James Bridges , Duke of Chandos , affixed to a building of his, against the statute .

- EYLES sworn.

I am a publican, I keep the Green-man at Hampstead; on Monday the 3d of August, between five and six in the morning, I saw the prisoner and another come by my door, I asked them what they had got, seeing them loaded, they made no answer; I said you shall tell me; the other threw his down, and run away; the prisoner had a bundle under his arm, which he threw down and ran away, and was taken by one Pierce, who is not here; I am sure this is one of the persons.

DANIEL KEANE sworn.

I am a constable; last August I took charge of this prisoner, and another man, the 3d of August, and this lead; these four pieces were in the handkerchief that the prisoner had, I think I can swear to it; there are ten pieces in the whole, four were found on this man, and six on the other.

Mr. PRESTON sworn.

I am a plumber, I live at Stanmore, this lead was delivered to me and Mr. Finch, by the constable, to see whether it matched the mausoleum from which it was taken, I fitted it, and it matched not only one piece, but all the pieces; I was at work on the church on Saturday, and on Monday morning I missed this lead; this mausoleum belongs to the Duke of Chandos, it stands in the church-yard; I am positive this lead was taken from that mausoleum.

Mr. FITCH sworn.

I am agent to the Duke of Chandos, I went in company with the last witness to fit this lead to the mausoleum, it belongs to the Duke, it fitted exactly.

PRISONER's DEFENCE.

The other man was loaded, and he offered me a shilling to help him to carry this lead to Battle-bridge.

GUILTY .

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

N. B. The other man, William Olloway, was too sick to be tried this Session.

[Imprisonment. See summary.]

Reference Number: t17890909-21

594. JOHN DALL was indicted for stealing, on the 21st of July last, a pannel saw, value 2 s. an oil stone, value 3 d. a smoothing plane, value 6 d. one drawing knife with two wooden handles, value 12 d. the property of John Bennett .

JOHN BENNETT sworn.

I lost the tools mentioned in the indictment, from my shop in Shoreditch ; in the morning the bolt of the window shutter was out; I received information of them from the watchman; the things were mine, and are here.

JAMES COFFEE sworn.

Between one and two, as I was going my round, the prisoner laid again a wall in Catherine-wheel-alley; he had a drawn knife in his hand; I saw some tools on him, and I asked him what tools he had? he said he had a drawing knife and a plane; and lodged at the Star in Wingford-street; he said he was there at eleven that night, and came out after another man; I told him to go home, as that knife was an unlawful weapon; he left a saw behind him, and went off; I suspected him, and took him into custody; he was very much in liquor; he went quiet and easy with me: it is about a mile from the prosecutor's shop, to the place where I took him; the tools are here.

RICHARD LANDSMAN sworn.

I was in the watch-house when the watchman brought the prisoner and the things; I have had them ever since.

(Produced and deposed to, having the prosecutor's name on all but the plane.)

PRISONER's DEFENCE.

I had been to a club, and coming home, I went up this alley, and found the plane and the drawing knife; the saw I know nothing of.

GUILTY .

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

[Transportation. See summary.]

Reference Number: t17890909-22

595. JAMES BRADLEY was indicted for stealing, on the 6th of July last, one pillow, value 12 d. and a linen sheet, value 2 s. the property of Mary King , in a lodging room, against the statute .

MARY KING sworn.

I live in Bleeding-heart yard ; I let lodgings; the prisoner lodged with me about six weeks; he left me the 6th of July; I let the prisoner a two pairs of stairs back-room; I lost my feathers, but he left the case; I lost a sheet; I never found any thing.

PRISONER's DEFENCE.

The prosecutrix put me out of the lodgings; and I had the key and my goods there; and she hunted me about, and used me ill.

NOT GUILTY .

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

Reference Number: t17890909-23

596. WILLIAM CROSDALE and JOHN LEASON were indicted for stealing, on the 23d of July last, seventy-six pounds weight of lead, value 10 s. belonging to Charles Fitzroy Lord Southampton , affixed to a certain house of his .

A second Count, for stealing on the same 23d of July, a hempen sack, value 2 s . the property of the said Charles Fitzroy Lord Southampton.

JAMES VERNON sworn.

I know some lead was lost, the property of which was Lord Southampton's; it was missed the 23d of July, and found on that day, I did not see it till the Monday; I live in my Lord's rents, and am his carpenter.

WILLIAM WILSON sworn.

I am a labouring-man? I took the prisoner at the foot of Highgate-hill, on Thursday morning, the 23d of July, between seven and eight; they were sitting

on the sack on one side of the road; I have sawn them before, but not to have an acknowledgment of them; we had a mistrust of them; I was by myself when I first saw them; they got up, and Crosdale took the sack on his shoulder; I laid hold of the sack with one hand, and the man with the other; and I asked him what he had got? and he told me lead; he said he found it; and I asked him where? and he said in some lane; I took him to the constable, and the property was turned out; it was lead: the next witness apprehended the other prisoner, Leason; they made no resistance; they were sitting close together when I first saw them; they were talking together.

Prisoner Leason. Was not I on the footh path, fifty or sixty yards before the other? - He helped the other up with the sack, and then he went off.

JOHN BATEMAN sworn.

On the 23d of July, the prisoners were brought to my house; and as I was taking Leason to Bow-street on the same morning, I observed him put his hand to his pocket, to throw something away; and I found it was some pieces of lead; and they were taken out at Bow-street; and this knife (a clasp knife) from his pocket: the lead is here that was in the sack.

JOSEPH IMPEY sworn.

I was standing at my shop door, the bottom of Highgate-hill; I saw Crosdale come by with the sack on his shoulders, and Leason about ten yards before; they went and sat down at the end of my garden on some pipes; they sat together; Crosdale sat down first, and Leason, who was first, came back and sat by him; then they got up, and Leason helped Crosdale up with the lead, and walked on before; I took Leason to a Constable.

(The lead deposed to by James Vernon .)

James Vernon . It fits to the top of the little dwelling-house, belonging to the farm; it fitted exactly to the place, nail-holes and all; one piece I knew at Bow-street, and wrote my name on it; this piece which has a smoke hole, was found in Leason's pocket; the lead was on it on the Tuesday; I saw it all safe then; the lead was fastened with nails, and has been ripped.

THOMAS COX sworn.

The prisoner Crosdale made hay for me last summer, within a few days before the lead was gone.

PRISONER CROSDALE's DEFENCE.

On the 21st and 22d, I was looking for hay work; and coming down Highgate, I saw this sack laying close beside the ditch, and put it on my back, and brought it towards town; I rested, and this fellow prisoner came past, and I asked him to help me up; and two or three bits fell out of the sack, and I gave them to him, to get him some beer, and he put them in his pocket: when I was taken, I said I found it.

PRISONER LEASON's DEFENCE.

This man was resting a load, and he asked me to assist him up with it; and two or three bits came out, and he gave them to me.

Court to Wilson. Did you see any bits of lead fall out of the sack? - No.

WILLIAM CROSDALE JOHN LEASON

GUILTY .

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

[Transportation. See summary.]

Reference Number: t17890909-24

597. RICHARD BURTON was indicted for stealing, on the 9th of September , one pair of worsted stockings, value 1 s. 6 d. the property of Anthony Mealey .

ANTHONY MEALEY sworn.

I sell stockings ; I was informed a pair were stolen from me, and I followed the prisoner down Dean-street, and found them on him.

(Deposed to.)

JOHN WELCH sworn.

I saw the prisoner take the stockings from the prosecutor's stall between twelve and one, the 9th of September; I informed the prosecutor, those are the stockings.

PRISONER's DEFENCE.

I found the stockings in Oxford-road.

GUILTY .

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

Reference Number: t17890909-25

598. THOMAS YORK and JOHN KING were indicted for stealing, on the 25th of July last, a cotton gown, value 5 s. the property of Margaret Turner .

THOMAS TURNER sworn.

I live at No. 4, Paddington-green ; on the 25th of July I went over to my mother's, as I do every morning, between ten and eleven; I heard the cry of stop thief; I immediately ran down into the field, a man gave me a description of the men, I saw one of them, and pursued him; I took him, and told him he must go with me, he said; for what? then more assistance came, and he went readily; he said he had taken nothing out of the house; I rode after the other, and at Westbourn-green, I took him, and brought him to my mother's; then he began crying, and told me he would go and shew me where he had hid the gown; I told him he had better tell me, I found the gown hid in some bushes near the house, it had been hung out to dry.

Court. Did you see either of them near the place where the gown was? - No.

(The gown deposed to.)

JAMES WATTS sworn.

I was at work for Mrs. Turner at the bottom of her field stopping a gap, and this lad and the man came over to go to Bays-water and struck to the bottom of a field, where a hay-rick stood; between the hay-rick and the garden was a hedge, he kept dodging round the rick, two or three times, which caused me to suspect him; I kept my eye upon him, then he gave a sort of spring and ran into the garden, I moved to another part, to take a clearer view of him, and presently I saw him run out, and I thought he had been getting a few apples; but I saw something under his coat; it might be one hundred and fifty yards; I had a pickax and spade, and other things, I was afraid to leave them; and I called stop-thief, as loud as I could, and Mr. Turner and some of his people came out; I went a wrong way to look after them, and when I returned I saw both of them, they were the same I had seen before.

Court. There is no evidence against John King .

PRISONER YORK's DEFENCE.

I did not take the gown, I went with Mr. King to get a few champilions, and I saw a man take a gown, and fling into the hedge, and when Mr. Turner took me, I told him so; I do not know who the man was, he had a black jacket on.

THOMAS YORK , GUILTY .

JOHN KING , NOT GUILTY .

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

[Imprisonment. See summary.]

Reference Number: t17890909-26

599. WILLIAM FLOWER was indicted for stealing, on the 24th of July last, eighty quire of small hand paper, value 20 s. the property of Thomas Hodgson .

THOMAS HODGSON sworn.

I am a stationer in the Strand , I know nothing of the robbery, I found two bundles of whitish-brown paper in the possession of Boulton, the accomplice; we call it small hand paper, it is worth 6 s. a bundle: I found it on Friday, the 24th of July, at

Boulton's lodgings, at Hungerford-market, in a cellar; I have known the prisoner eighteen years, he has been my servant between two and three years, he was a servant in July.

JAMES BOULTON sworn.

I am a coal-porter, the prisoner called me off Mr. Farrer's wharf, I have known him several years, he said he had a job for me, I went to the gentleman's house in the Strand, it was near six in the morning, and he gave me a glass of gin at the Blackmoor's-head, he fetched it from Mr. Hodgson's shop, and gave it me close to Harvey's buildings, he said he could carry it, at his dinner hour, he desired me to take it to my lodging, and I put it in my cellar, the gentleman came and owned it, about one o'clock, before the prisoner came for it; I knew nothing of its being thieved; that was the same the prisoner gave me to carry.

JOHN SMEETON sworn.

I live just opposite the prosecutor, with a stationer, I saw the prisoner bring some paper, and carry it into Harvey's-buildings, and come out without it, and in a minute after, I saw a person come out, with something in a bag; I did not know who it was; I informed my master, and he sent for Mr. Hodgson, and I told him.

Prosecutor. In consequence of this information, I had the prisoner apprehended; I suspected Boulton, and got a warrant to search his lodging; I saw his wife, she fetched him, and I found the property on Boulton.

PRISONER's DEFENCE.

I went down to Westminster, with six bundles of small hand paper; I put it on the bench, the corner of the public-house, in Downing-street, where Mr. Pitt lives; I went into the house, to go backwards, and a gentleman said he would take care of the load; when I came back, the load was gone; I came back to Parliament-street, and King-street, and Charles-street to look for it; and could see nothing of it; the next morning, as I had the bill, and the stampt receipt, I went to one Mr. Cartwright's, and borrowed three bundles; then I went to Mr. Greenland's in the Little Sanctuary, he lent me three more, I was to make them good; I carried them at twice, to Mr. Wilkinson's, the linen-draper, I brought home the money next morning; our shopman asked me where I had been all night, and I gave him the money; I did not know what to do about this paper; Mr. Cartwright said he would trust me, and I told him of the loss, and when I came back again home, the next morning, I did take these two bundles of paper, and gave to Mr. Boulton; I was going to take them down to this Mr. Cartwright; I went with three the next morning, which the shopman sent me down with to Mr. Greenland's the Little Sanctuary, I brought back the money safe, I never defrauded my master before.

Court to Prosecutor. Is there any mark on the paper? - There is the King's mark.

Court. That is on all paper? - The same number is not on any other papers but these, because the same officer does not survey any other bill but mine, I can swear positively not only to that, but the hand writing upon it.

Court. Do you know any thing of this story? - I am apprehensive that he lost some paper, and I really believe the reason of his taking away this paper was to supply that loss.

MICHAEL BURT sworn.

I have known the prisoner many years; I live on the spot where he has lived many years, twelve years, up to this time, I never heard but a good character of him, till this unfortunate affair; there were three or four of his neighbours came voluntarily, and waited till nine at night; every one of them much more respectable than me; I much doubt they are not here to day; they are people in trade.

GUILTY .

He was humbly recommended to mercy by the Jury and Prosecutor.

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

Court. Certainly it is a case in which a very slight degree of punishment I think is as much as one would inflict.

Prosecutor. He was porter when I went apprentice, and I have known him ever since.

Mr. Recorder. Prisoner, the court have taken your case into consideration; and, though it is no excuse in law, yet as you had a good character to this time, there is every reason to suppose that you did it under the impression of some great distress: the court, therefore, taking into their consideration these circumstances; and that you have already been imprisoned sometime, they wish that I should pass this sentence on you; that you pay the fine of one shilling, and be discharged .

Mr. Justice Wilson. And it will behove you to maintain that good character which you have maintained hitherto, with this one single exception.

Prisoner. I will, my lord.

Reference Number: t17890909-27

600. ELIZABETH FELLOWS was indicted for stealing, on the 8th of August last, a pair of cotton stockings, value 2 s. the property of Joseph Green and Charles Green .

CHARLES GREEN sworn.

I am a hosier , in partnership with my brother; on Saturday, the 8th of August, between five and six in the afternoon, the stockings were found on the prisoner; I never saw her before; the prisoner came in to look at some stockings; some were shewn her at 2 s. a pair, which she did not think fine enough; others were shewn her at 2 s. 8 d.; during the time my servant went to fetch another paper of stockings to shew her, of a superior quality, she conveyed a pair of stockings under her apron; my servant saw her, and gave me a hint; I saw a pair of woman's cotton stockings under her apron, through a hole that was in her apron; the prisoner then went out of the house; I told my servant, William Taylor , to pursue her; he brought her back, and I saw him take the stockings from under her apron.

WILLIAM TAYLOR sworn.

I am servant to Mess. Green; the prisoner came into the shop at this time; I suspected her; I counted the stockings; there were nine pair; while I went to the other side of the counter, and missed a a pair, she went out; I brought her back, and found the stockings under her apron: (produced and deposed to): on counting over the stockings; there were only eight pair.

Prosecutor. There is no mark on them to enable me to know them.

PRISONER's DEFENCE.

I went into the shop to buy a pair of stockings; I had not money enough in my pocket; I went to call my father, and he turned round into Newport-street before he could hear me; the gentleman came and told me I had robbed him; I had no intention to rob him of them; the gentlemen of the jury know me perfectly well; my father is here.

GUILTY .

Recommended by the Jury and Prosecutor knowing her Father.

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

Reference Number: t17890909-28

601. WILLIAM GRANT was indicted for stealing, on the 25th of July last, a silk cloak, value 40 s. the property of John Carver and James Norton .

JOHN CARVER sworn.

I am a mercer in Oxford-street , in partnership with James Norton ; on the 25th of July last, about one o'clock in the day time, I missed a mode cloak from the outside of the door; and I went in pursuit of the prisoner, by information of a waterman, who said to me, I believe you are

done master; in Greek-street I saw some people assembled, and the cloak in the possession of Mr. M'Donald; I have kept it ever since.

(Deposed to.)

JOHN LANGDON sworn.

On the 25th of July, about one, I observed a scuffle between a youth and a man; which, to the best of my recollection, is the prisoner and the witness M'Donald; and another man came nearer, vociferating that he had lost a cloak.

THOMAS M'DONALD sworn.

I am a stone-mason; going home from my dinner across Soho-square, on the 24th of July, at one o'clock, I saw the prisoner run towards me from Oxford-road, and two men; as they passed by me I saw the cloak; the hind most man said d - n your eyes, keep it up; and my partner said, pursue him, he has robbed somebody; I pursued the prisoner, and took him the corner of Hedge-lane, and brought him to Litchfield-street office; I found the cloak upon him, which I delivered to the justice; the other men made their escape.

PRISONER's DEFENCE.

I was coming down Oxford-road of an errand, and in Charles-street I saw this cloak lay; I picked it up, and was going to run home with it.

GUILTY .

He was recommended to mercy.

[Transportation. See summary.]

Reference Number: t17890909-29

602. ROBERT DANIELS was indicted for stealing, on the 27th of July last, one man's cloth great coat, value 6 s. 6 d. six linen shirts, value 4 l. one black satin waistcoat, value 10 s. one pair of satin breeches, value 10 s. one pair of nankeen breeches, value 4 s. four pair of shoes, value 10 s. two pair of stockings, value 2 s. one German flute, value 10 s. two waistcoats, value 4 s. and one wooden box, value 1 s. the property of John Webster .

JOHN WEBSTER sworn.

I live at Berkhamstead, Hertfordshire; the box was lost on St. Dunstan's hill ; I delivered it to the prisoner, to take it to the Old Bell in Holborn; I put the wearing apparel in the box myself, except the great-coat which I put on his arm, on the 27th, on a Monday; I went immediately to the Bell, and found the man had not been with the things; I went back to the sign of the Monument in Little Eastcheap, to enquire after him, but could not hear of him; I then went to justice Staples and got a warrant; and he was taken on the Tuesday night; I saw him at St. George's watch-house; I gave him sixpence when he took the box; he was to take it to the Old Bell for the Berkhamstead coach.

JOHN PAGE sworn.

I saw the box delivered to the prisoner by Mr. Webster; I saw the things put in the box.

JOHN LOVAT sworn.

On the evening of the robbery, the 27th of July, the prisoner came to my house with another, appearing drunk; with a long drab-coloured coat; he said he would be d - d if he had not made a good speak to a box; and Kitty Graham should have a part of them; and he would pay me; he went down to look for Kitty Graham ; about eleven, he returned with a long black coat, a frilled shirt, and white waistcoat; but I would not let him in; the officers came to my house to enquire for him; and he was taken presently after, and committed.

Prisoner. The witness never saw me with the things he has mentioned.

GEORGE GIBSON sworn.

I keep the Sutherland Fishery, East-smithfield; the prisoner came to my house; he had on a black coat, a frilled shirt, and a white waistcoat; he was taken with the same things I have mentioned.

PRISONER's DEFENCE.

The prosecutor employed me to carry

the box, I pitched it at the London stone, I had been drinking in the morning and was very heavy, and fell asleep, and at that time the things were stole from me.

GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

[Transportation. See summary.]

Reference Number: t17890909-30

603. MARY WILKS was indicted for stealing, on the 5th of August , fourteen yards of printed cotton, value 30 s. the property of Joseph King and Richard Cotton , privily in their shop .

SAMUEL GOFF sworn.

I am servant to Messrs. King and Cotton, they live the corner of George's street Minories , the prisoner came in about half past eleven in the morning; I am sure of her person, she has been in the shop before very often, not that day, she bargained with a man, named Hawkins, she staid in the shop about a quarter of an hour; the prisoner did not meddle with any thing, that I saw; she looked out what she wanted of the other man, he is not here, she said make out my bill, and I will come in directly, she was at the counter, some printed cottons were shewn to her; I followed her out; she was about six yards from the shop door, I asked her what she had under her cloak? she said nothing; I took up her cloak, and there was the cotton under her arm, I did not see her take it, it was printed cotton; I brought her back into the shop, and she was committed; the value of the cotton is thirty shillings, it will fetch that; this is the cotton, I gave it to the officer, Nathan Goldsmith ; our private mark is upon it, E. E. and E. S. I know them to be my master's hand-writing; I did not enquire whether such a piece was missing, when I returned.

Mr. Garrow, Prisoner's Counsel. I believe this woman had dealt at your shop, several times before? - She had.

After she was in custody, there was an application made to her, to give up her keys, was not there? - I believe there was, I do not know to the contrary.

Do not you know that she did give up her keys, in order that any search, that was necessary, might be made, as to the goods and duplicates, that might lead to a discovery? - Yes, I believe she did.

Have you any doubt about it? - Yes, she did.

Then she did? - I believe she did, as I heard my master say, deliver the keys of her apartments.

There was a search made; in consequence of that search, there was a petticoat and some other things taken? - There was a petticoat taken, and brought to our house.

That coat was taken on suspicion that it was your master's property, and stolen from him? - Yes.

It was returned to her afterwards? - I do not know.

Do not you know that it appeared to be regularly bought and paid for? - There was a remnant of cotton -

Answer the question; I am confining myself to the petticoat? - I do not know; the remnant of cotton she never bought at our shop.

Is that other shopman here? - He is not here.

She bought some things, and did not pay for them? - I heard her say, I will be in again directly and pay for what I have looked out, make out the bill of parcels; she always went out, before she paid for all she bought, she left some money.

Then Hopkins the shop-man, was doing with her, exactly in the way he was accustomed to do? - Yes.

You did not observe every article she looked out? - I did not.

You cannot tell what passed between them? - I cannot.

Court to Jury. Gentlemen, this woman must be acquitted; she is in conversation with a man, bargaining and dealing with him, from whom it is possible, she had the goods; and this very cotton might be in that very bill, and on credit; and nobody

can prove the transaction between them, but the very man who dealt with her, and whom the prosecutor has not brought, to give an account before you.

Prosecutor. I was ignorant that Hopkins did serve her.

NOT GUILTY .

Tried by the London Jury before Mr. Justice WILSON.

Reference Number: t17890909-31

604. WILLIAM CLARK was indicted for burglariously and feloniously breaking and entering the dwelling house of John Berkenhead , about the hour of one in the night, on the 3d of July last, and burglariously stealing therein, one silver cup, value 6 l. one silver pint mug, value 50 s. two silver salts, value 10 s. a silver sauce-boat, value 50 s. a silver pepper box, value 12 s. a silver tea-pot, value 3 l. 10 s. a silver waiter, value 50 s. a silver soup spoon, value 40 s. six table spoons, value 3 l. six tea spoons, value 10 s. three desert spoons, value 7 s. a silver marrow-spoon, value 10 s. a silver skewer, value 10 s. a silver milk-pot, value 10 s. his property .

JOHN BERKENHEAD sworn.

I am a jeweller in Gutter-lane , the prisoner is my apprentice ; I went out on the 13th of July to Hornsey tea-house; I did not return in the evening, till about a quarter before twelve, owing to the wetness of the evening; I was let in by Richard Batch , my servant; the prisoner William Clark lighted me into the stable, and held the candle, while my servant, Richard Batch rubbed down my horse, and was very particular in having the outward gate made fast; he said to Batch, that he would go down and see it made fast; the stable is connected with my house, there is no back door, upon his return to the best of my recollection, I bolted the outward door, the front door, the horse goes thro' the house, and thro' the kitchen to go into the stable; the prisoner and Batch went up to bed, I looked in the counting-house, and saw every thing safe, and followed soon after, to my own room, one pair, over the compting-house; the dog went with me, who generally slept at my room door; in about half an hour, before I put out my light, I was disturbed by my dog falling down stairs; I went down within six-stairs of the bottom, and saw the dog lay in great agony, at the foot of the stairs, he was a sort of New-foundland-dog, as tall as I am, when on his hind legs; I called to the dog, he appeared to be very ill, and lay on his side; I went back to my own room, and the dog soon after struggled up stairs to his place, I opened my door and saw the dog in great agony, then I heard him quiet, and put out my light; I heard no more till the morning; I went down between six and seven in the morning, and the first thing I saw, was my dog dead at the door, I found the lock of my counting-house door strained, and at the bottom of the door, I picked up this small iron; I perceived the beaufet door in the kitchen, a very little way open and the key in it, my plate had been kept there about thirty-six years; it was all gone, I immediately went out into the yard, and proclaimed this; I went into an empty house, which has a window that any person might get through, which opens into my yard; and in that house, I found this chisel, this window bolt, this dark lanthorn on the floor, and this tinder-box, and the ebony handle of a silver tea-pot, which had been lost; I observed the door of my house, the compting-house door was behind my street-door, and was a kind of secret door, that few people knew; it had not been broke open, but there is the mark of an instrument on it; there was no mark of violence on the street door, or any other door; having a number of young people, creditable men's sons, apprentices, I did not know what to think; I had them watched, and the prisoner in particular: I was before the magistrate, he asked him what he knew concerning the robbery.

Were any promises made use of? - None by me, nor by any person before me.

By the Magistrate? - No.

Any threats? - Far from it, none in the least before me; I saw the justice sign it.

Mr. Garrow, Prisoner's Counsel. You have I believe five apprentices, who all sleep in the same room? - I believe there are six or seven, seven of them sleep in the room besides him.

How long had you been retired to your room, before you heard the dog? - About half an hour, I was just got into bed, but had not put out my light.

I believe on the 14th, you had some magistrates at your house? - No; peace officers, from Bow-street.

Were your several apprentices examined at that time? - They were.

Till the 18th the prisoner continued in your service? - He did.

Was you present at the time he was apprehended? - I was, he was taken by Shakeshaft, Armstrong, and Harper; in my presence, and of Steward, he was taken on the other side Tower-hill, I do not know the identical spot in the street.

I believe at first the officer collared him, and used him a little roughly? - Not in the least, I believe they said no otherwise than this to him, they went up to him, and before they spoke to him, he was going on in a wild station, and when he saw them, he could not stir.

And upon that I believe you said, do not collar him, I do not wish to hurt him? - Upon my word I cannot tell what I said, I was very much confused.

This young man was kept in custody from the 18th till the 20th? - The 19th was Sunday.

What time was he taken into custody? - I think between nine and ten in the evening.

What time on the 20th was he carried before the magistrate? - I did not go down there till about twelve.

In whose custody was he kept during all that time? - These three people that took him, he was kept in the watch-house all the time.

Did you overhear all the conversation that passed between Armstrong and the prisoner, in the way from the place where he was apprehended to the place where he was taken to? - Yes, I believe I was not further behind, than I am from you.

I can very easily believe that you made no promises; did not Armstrong or Shakeshaft, or Harper; but particularly Armstrong, did not he use a great deal of persuasion to this young man, to induce him to confess? - I should think Mr. Armstrong had better answer for himself.

Sir, you will condescend to let me manage the defence of this young man in my own way? - You seem to know about it, you had better explain.

That is very gross and abominable and infamous conduct in a prosecutor; I ask you, and do not tell me again that I had better explain; upon your oath, Sir, what did Armstrong say, and repeat it as nearly as you can? - What Armstrong said to him, was first regarding the robbery.

Court. Consider, you are prosecuting a young man for his life? - My lord I know it; and I am as partial to the prisoner as any man in the court.

Court. Consider your situation; you come here as a prosecutor; if the counsel should ask you a question that is not proper, I shall find it my duty to stop him; but you are not competent to judge of the propriety of the question? - He said where the prisoner had been that night; what he had done; and the different places he had stopped at; what he had left regarding to his boots and other things, as near as I can possibly recollect.

Do you mean to be understood that Armstrong held no conversation with the prisoner respecting the circumstances of the robbery? - Do you think that, when I made an application to the peace officers; I did not tell them the nature of the thing in which I was robbed.

I ask you this, Sir; not what you told the peace officer; I ask you not what you said to any body; but whether Armstrong said any thing to the prisoner respecting the concern he was supposed to have respecting

the robbery of your house? - I cannot give any answer to that.

Flourish apart; and God knows when a man's life is at stake, that is not the time for flourish; did Armstrong, or did he not, say anything to the prisoner at the bar, after he had him in custody, with respect to his supposed share in the robbery? - Not to my knowledge, he did not.

Will you venture to say he did not, as far as you recollect! - I will.

Nothing of any sort? - Nothing.

Then Armstrong did not say in your presence, for God's sake! tell me all that you know of this affair, that innocent persons may not be suspected? - To my knowledge he did not.

He did not desire him to say that he had let in two men to rob your house; and that if he did say so, they wanted to get at those two men, and they would set him at liberty? - He did not.

Nobody ever said in your hearing, that he should have his liberty on any terms? - No such thing in my hearing.

Was not he told that he had better tell the whole truth? - I believe Armstrong said this; what ever you have to tell, tell it; but nothing further, neither better nor worse; that was in the watch-house.

Did not he say that it would be as well for him; or that it would be better for him; for that there were other apprentices that might be suspected: did not he entice him in short, to take this guilt upon himself? - No, Sir, he did not.

After you were at the watch-house, were you and the prisoner alone in the room? - Never till after his examination, which he signed.

Am I to collect from you; that speaking now, seriously and solemnly; taxing your recollection, nothing was said to him to induce him to confess? - No one individual thing to my knowledge.

Does your knowledge afford a certainty of it? - In my hearing they never did.

Did you never authorise any body to do so? - Never; I gave gave a strict charge to any of my people, never to go near him.

Had you any conversation with a brother of his, Francis Clarke ? - Yes.

In the presence of a Mr. John Ewington ? - Not as I know of particularly.

There again it is better for you not to judge: do you mean to swear that you have not had any conversation with that brother about this business? - I believe I spoke to him on the Sunday, to tell him the circumstances his brother then was in; and I likewise spoke to him, that he might have his clothes.

Did not you tell that brother that there had been promises of forgiveness made to this young man, before he made the confession; and that until these promises, he had absolutely denied his guilt? - Never in my life.

Am I to understand you, that you never made use of any expressions to that effect, or of that import to the brother? - Nothing like it.

Did you say anything to the brother about his confession at all? - Upon my word I cannot say, if it was after the Monday I spoke to him concerning his confession.

Did not you tell him that this young man on the day after the robbery, and afterwards, had denied he knew anything about it; but that upon some promise being made to him, he confessed his guilt? - Never, nor anything relating to the kind.

Did you never say to the brother, that you would not hurt the prisoner, as he had confessed it? - No such thing.

How long had this young man lived with you? - As near as I can recollect, I think he came the latter end of last October.

I observed you said, that to the best of your knowledge, you fastened the door when you came in? - I swear positively that that door was fastened when my dog lay against it; I can swear to the best of my recollection, that six nights out of the seven, I fastened it myself.

And therefore, as it was your general habit, you conclude that you did it that night? - I do.

Can a man coming down the stairs, get into the kitchen? - He can.

Will you say with certainty, that that night you fastened the house door? - I will; it has two bolts; I saw them fast when I came down to the dog.

In the morning, how was the outer door found? - With the bars properly fastened up; I have two house doors, and they both open into the front yard.

RICHARD BATCH sworn.

I am servant to Mr. Berkenhead; I sat up for my master; the prisoner sat up with me; he never did so before; I had no conversation with him about it; he usually went to bed about ten.

Mr. Garrow. Where did you sleep? - In the same room with the apprentices.

How many beds were there in the room? - There were four beds, and seven persons; Jack Spencer slept alone; the prisoner had a bed-fellow; I went up before my master.

You did not see anybody shut the outward door that goes into the street? - The prisoner went out twice to shut it; it was my business to shut it, and I usually did it; I mean the large door, leading out of the yard into the street; that door was found fastened in the morning; we have two house doors; I fastened one of the outward doors, but not that which you are speaking of.

That door which had something happened to it in the course of the night, you do not know whether it was fast or not? - I do not; we went to sleep pretty near at one time; I heard no alarm nor disturbance till the morning; the prisoner slept on the other side of the room, five or six feet asunder.

Court. I find you went to bed before your master? - Yes.

Did the prisoner go up with you? - I do not rightly know; I recollect he did come up that night, and he was in bed in the morning.

WILLIAM DAINBOROUGH sworn.

I am apprentice to the prosecutor; I was the first person that got up in the morning; I got up about seven; the first thing I perceived, there was a door at the bottom of the stairs which was fastened on the outside, that I could not open it the first time I pushed against it; that door is always open of a night; I got it open afterwards; there was a chair set against it, and a spit in it, with the point against the pannel of the door, to keep it fast; I forced it open; the next thing I observed, was the door that was usually shut, which went into the court, was open.

Was that the door where the dog laid? - Yes

Prosecutor. That was the door I found the dog at; I slept in the apprentice's room; I was not awakened when Patch came to bed; I was the first up; the prisoner was in bed when I got up; I heard no disturbance in the course of the night.

ELIAZBETH LANS sworn.

I am sister to the prosecutor; the night before the robbery, the plate was in a small closet in the kitchen; there were the things in the indictment (repeats them): I saw them all safe over night; I locked the closet, and put the key under a tea-urn, close to the closet, on the dresser; it was covered with a green cloth.

Can you tell the value of all this? - I cannot tell the value; I imagine there was one hundred and forty, or one hundred and fifty ounces.

Mr. Garrow. The prosecutor is a very considerable jeweller? - Yes.

This was only the plate that you used in your family, that you lost? - No.

There was a large property in the house? - Yes.

Court. Was the beaufet fixed to the house, or whether it was, as many beaufets

are, quite separate from it? - It was a fixture to the house; the key was in the beaufet the next morning.

JOHN SPENCER sworn.

I am an apprentice to the prosecutor; the night before the robbery I was there; I went to bed about eleven.

Did the prisoner go to bed with you? - No; I came in about twenty minutes before eleven; and I said to the prisoner, Mr. Berkenhead is out with the horse; Batch must set up; you may as well go to bed with me; he made no answer; I eat my supper; then I said, will you go to bed with me Clarke? he said no, I will go and keep Batch company; I said when I was going to bed, Clarke, shall I leave the candle alight for you? which is a common thing; and he answered me no.

Mr. Garrow. You did not hear any disturbance in the night? - I did not; it must have been very great if I had, for I sleep very found in general.

GEORGE STEWART sworn.

I was employed a night or two after the robbery, to watch this man; I am a buckle maker; I did watch him on the Friday following the robbery; the robbery was on the Monday; I watched him from Mr. Berkenhead's house, to Mr. Lewis's, silversmith in Cheapside; he went in there; and from thence to Cary's, a shoe shop; and staid half an hour in the shop; I saw boots on his legs; he went in shoes the next day; I watched him again in an alley, leading through from Fenchurch street; he got a pair of boots; he was afterwards apprehended; I saw him before the magistrate.

Now, were there any promises or any threats made to him by you, or by any body else, in your hearing, to induce him to confess? - No, Sir, not in my hearing, not any.

When he came before the magistrate, he was examined? - He signed something; I witnessed it; I saw the justice sign it.

Mr. Garrow. Did you hear what passed between Armstrong, the thief-taker, and the prisoner, as they went along? - It was impossible for any of the officers to say anything to him, as they went along, without Mr. Berkenhead and me hearing of it, I think.

Did you hear Armstrong telling him for God's sake, to tell all that he knew about this affair? - Not to my knowledge.

Did you hear any conversation at all between the prisoner and Armstrong? - All of them spoke to him at times; Armstrong said this is the man; there were several things passed that I cannot charge my memory with now.

These are just the things, that with as little flourish as you please, I should wish to hear? - You shall have them, without any flourish at all.

Did not they tell him, that he should very soon have his liberty, but that he must go before the justice, and tell all he knew? - By no means, I never heard that said.

Did you hear any promise, any threat or any thing that could put him off his guard and induce him to confess this offence? - No.

Mr. Silvester. Is that your hand writing? - Yes.

Did you see the Justice sign it? - I did.

Did you see the young man sign it? - I did.

Was it read over to him? - It was not, he read it over himself.

Mr. Garrow. Did not he understand when he signed it, he was to be discharged? - No Sir, the justice told him he could not do any thing for him.

JOHN ARMSTRONG sworn.

I am one of the officers.

Was any thing said to the prisoner, to induce him to confess? - Nothing in the world.

Any threats? - No.

Any thing by you, or by any body, that could induce him to confess? - No, Mr. Steward and his master were in the room

when he read his confession, I never was with him, but in the presence of his master and Mr. Steward.

Did not you tell this young man, as you went along, that it would be better for him? - I never did, no one has at all.

Did you hear what the others said to him? - I did, I say positively they never said such a word.

- HARPER sworn.

I was one of the officers, he breakfasted with me at my house, before we went to the magistrates.

Did he not understand, that as soon as he had been to the magistrates, and had told all he knew he should be set at liberty? - He was not told so.

Was not he promised, that it would be better for him? - I have sons of my own, and that was my reason for giving him a breakfast; nothing of that kind passed, upon my oath.

The voluntary confession of William Clarke read, dated July 30, 1789.

"Who says, he is an apprentice to John Berkenhead, of Gutter-lane, Cheapside, London, jeweller; and that on Tuesday morning, the 4th of July instant, about two in the morning, he let in two men, into his master's house, with intent to take away his plate; that about two, he came down stairs, and unbolted the kitchen door of the house, and then went up stairs again; Samuel Colston and Joseph Jones were the two men, being with him in Moor-fields on the evening of the robbery, Jones gave him something to give the dog, which Jones said would poison him, which he gave the dog; and on Tuesday evening the day of the robbery, he met Jones and Colston on great Tower-hill, and they gave him two guineas, and no more, and said that was his share of his master's plate, and then he went home to his master's, and says he has not since seen them." (Signed) William Clarke .

PRISONER's DEFENCE.

When I was taken, Mr. Armstrong said if you do not tell the whole of it, you will be hanged; I said I know nothing of it; and he said I did, and my arms must be pinioned; as we came along, he said to me, what I have said in my confession; and when we came to the watch-house, he said, now tell your master what I have said to you; then my brother sent a young man to me, who came in and told me, I had no occasion to fear; for my master would not hurt a hair of my head; I never was before a justice before; I did not know what I was saying; in the morning says Harper, mind what you say, if you do not, you will be hanged; Harper used these words, says he, we have got Jones; says I, what Jones? says he, I will make you know what Jones; says he, I would not take 39 l. a piece for you; and there is a man in the goal, that knows the same, and will be on his oath of it.

(The witnesses for the prisoner examined separate.)

FRANCIS CLARKE sworn.

I am brother to this unfortunate lad.

After your brother was taken into custody, did you see his master at all? - On the Sunday, as he was taken on the Saturday night, the prosecutor came to our house, I was at the next door, having my hair tied, he enquired for Mr. Clarke's, he said he wanted his son, says he, you are not the person; the prosecutor laid hold of my arm, says he my name is Berkenhead, your brother is apprentice to me, and I took him up last night for robbing of me, but says he, I promise not to hurt him, if he will confess; and desired me, by no means, to let my father or mother know it, for he meant to give him his liberty the next morning, Monday morning; he desired me, particularly, when he left me, not to let them know it, because it would occasion them a great deal of uneasiness, and he intended him to have his liberty on Monday morning, and he would not hurt him; he said if he did not confess, he would certainly be hung; I was sent for to Shoreditch watch-house, and I went to my brother, and I told him

what Mr. Berkenhead said to me, and he told me, that Mr. Berkenhead had promised him the same, and the officers, that it would be best, he declared to me that he knew nothing of it; I told him as Mr. Berkenhead had given his word to have his liberty, to say whatever his master would with him to say; that was on the Sunday, and on the Monday he made this confession; nobody was in the shop, but the hairdresser and me, his name is Ewington, I did not know he had heard any thing of the affair till I came in again, and he said that gentleman has been robbed; I said, yes, he has; and he said he does not mean to hurt the person if he will confess; I said no, and let the conversation drop; I found the hair-dresser listened.

And you swear positively that on the Sunday you told your brother what Mr. Berkenhead had said? - Yes.

Mr. Silvester. What day of the month was this? - On Sunday, I cannot recollect the day of the month, it was about one, I went to my brother in the evening, not before; I was not there again in the morning on the Monday; I was at work in a hurry; I supposed by Mr. Berkenhead making that promise, that he meant to perform the promise; when he was fully committed to Newgate, I went then, when Mr. Berkenhead came and told me, I suppose it might be him; nobody was with Mr. Berkenhead, and this conversation was at the door of the shop of the hair dresser, close to our door; it is in Jewin-street, the hair-dresser had nobody in the shop.

Mr. Garrow to Prosecutor. You have heard what this witness has sworn, is that she brother you alluded to when I examined you? - Yes.

Is it true that you went to him at the hair-dresser's? - I called on him at the hairdresser's and asked him where his brother in law, Mr. Franklin, lived.

Did you see Mr. Franklin? - I did not.

Did you see any part of his family except that brother on the Sunday? - No.

Did that conversation which he has now stated, pass between you? - No.

What did you go there for? - Why I wanted to see his brother in law, as it was through him I had the prisoner, he told me he lived in St. Paul's-church-yard, I told him, I supposed he could not be ignorant I had been robbed; he said no, that his brother had been home, and told him that they had all been examined; I told him then, that his brother was in custody, but where, or any thing further, I did not.

Did you tell him not to let his father and mother know of it? - Why I believe I did, not, till I had seen Franklin.

Mr. Garrow. If the boy was to be indicted for a capital offence, the sooner his father and mother knew of it the better; if he was to be set at liberty, it was not worth while to trouble their old age; why did you mention that, unless the young man was the next day, to be restored to his liberty? I can conceive that it is humane, it is kind, it is benevolent not to tell them; but if at the distance of a month, their son is to be hanged, the sooner they knew of it, the better; upon your oath, did not you tell the brother, and recollect that this poor boy's life, depends now upon your recollection; did you tell Franklin so? - Upon my oath I did not, nothing like it.

Now upon your oath did not the boy's brother understand, the boy was not to be committed? - Upon my oath I never understood it myself, nor said any thing of the kind.

Did you tell him that he was to go before the magistrate to-morrow? - I did.

Did not you tell him he was to go to make confession? - I did not.

Do you mean to swear, and to take the risk of it; you are but a young man, you may have many days to live, do you mean to take upon yourself to say that you did not convey to this near relation of his the idea, that the next day he was to be discharged? - On my oath I never did.

Very well! it is your business, thank God! not mine; I defy human ingenuity to point out a reason, except a barbarous one, for the caution, unless he was to be discharged.

Did you ever see Franklin about it, on Sunday? - I never did.

Then your only purpose in going, was to

find Franklin, and to have some conversation with him, and after that you did not see Franklin? - I went home, and from thence went into the country.

When did you next meet Franklin? - Not till Monday.

Not till after the lad was committed? - I believe before.

Will you swear it was before? - Yes, Sir, I will.

Did Franklin attend before the magistrate? - No.

So then neither Franklin, nor the brother, nor the father, nor the mother, nor any of the relations attended before the magistrate; now can you help us to a reason, can you help us to a conjecture about it, why this young man was to be deserted in his distress, unless you was to be his protector.

JOHN EWINGTON sworn.

I am a hair dresser in Jewin-street, it is a short distance.

Do you remember the last witness, Francis Clarke , being at your shop on Sunday, having his hair dressed, when somebody called him out? - It was on a Sunday about six or seven weeks ago, as near as I can recollect; there being nobody in the shop but myself, Francis Clarke came in to be dressed; I had scarce put the cloth, but a short gentleman came in, in a hurry; a short gentleman; I should know him again; this is the gentleman; he came in, in a hurry; and they withdrew to the door; and having nobody in the shop, I judged there was something or other going forward, which led my curiosity to listen; I heard the gentleman say he would promise the person forgiveness, if he would confess; and Francis Clarke asked the gentleman whether he should send his sister to shew where his brother in law lived; the gentleman refused letting the girl go; he asked him in door, but the gentleman refused; the gentleman told him the lad should come home on Monday morning; and desired Francis not to take any notice to his father and mother concerning the matter; they were about five minutes together; I was listening at the shop door, with my head half in the entry, and half in the shop; when Clarke came in, he sat down; I put the cloth about him; says I, that gentleman has been robbed, by what I hear? and he made answer to me, yes, in a slight indifferent manner, as if it was of no consequence to me; I said, I heard the gentleman say he had promised the person he would forgive him, if he would confess; nothing further ensued between us; Clarke dropped the conversation; a fortnight after, we were in a publick-house, drinking a pot of beer; then he related the circumstance to me concerning this affair; I had heard before that his brother was in custody; but I never took any notice to him, till he did to me.

Are you positive that you heard any conversation about forgiveness, and about confession? - I did, upon my honour.

Upon your oath? - Upon my oath.

And about the return of somebody to the house on the Monday morning? - On the Monday morning.

Mr. Silvester. Then it is your custom to listen? - Yes.

Francis and you are pretty well acquainted, I take it? - Very little acquainted; no otherwise than he dresses with me; and I use him as a customer.

He lives next door to you? - He does so; we are but very lately acquainted; I have not known him above two months.

He did not say the person had confessed? - No; he said if they would confess.

Did he desire him to use his interest with the young man? - No; I understood he was to be at home at Mr. Clarke's house.

Then, when he came into the shop again, you did not know it was his brother? - No, Sir, nor for a fortnight afterwards.

Why was it to be at Mr. Clarke's house, if you did not know it was Clarke's brother? - I never saw young Clarke in my life; I collected that he would be at home on the Monday; I understood at Mr. Clarke's house, but I could not justly tell; I cannot positively say it must be at Mr. Clarke's house.

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

Reference Number: t17890909-31

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 9th of SEPTEMBER, 1789, and the following Days;

Being the SEVENTH 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 VII. PART III.

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 William Clarke .

Did not you collect it from the conversation at the time; by hearing that he would be at home on Monday, at his father and mother's house? - I heard him say the person should be at home on the Monday, at the next door, to the father and mother's; and desired him not to take any notice to the father and mother; I understood that he should be at home at his father's.

Who did you understand that father to be at the time? - Mr. Clarke himself, I supposed; I did not know that this was the son of Mr. Clarke, because I never saw the son in my life; I judged within myself, that he was to be at home at Mr. Clarke's house.

Then, how came you not to mention it to Francis Clarke , or say anything about his brother being in custody? - I did not like to take any notice to him, to give him any uneasiness; I only spoke in that other way.

Mr. Garrow. You was one of those who thought (I do not know what my learned friend thinks) that it was just as delicate, to mention it at a distance, as to say your brother is taken up for theft? - Yes.

You imagined that it must be about the father and mother at the next door? - I did so.

When did you hear from any of the neighbours, that there was a suspicion on this young man? - About four or five weeks ago.

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

GUILTY , Death .

He was humbly recommended to mercy by the Jury.

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17890909-32

605. ELIZABETH THOMPSON was indicted for stealing, on the 15th of July , a copper tea-kettle, value 7 s. 6 d. the property of John Clarke .

(The witnesses examined separate.)

JOSEPH BUSH sworn.

I am a servant to Mr. Clarke; he is a brazier in Whitechapel ; the tea-kettle

was just within the door; it was missing; and on an alarm, I pursed the prisoner, and brought her back; she ran about twenty yards, and turned up a turning called Castle-street; she had the kettle in her hand; we took it from her, but she had nothing to say; I had put that kettle an hour before, on a Bath stove at the door; there is no particular mark on it; I have had the kettle in my care ever since.

MARY BATES sworn.

I saw the prisoner and another woman go into the shop; and the prisoner came out with a kettle across her arm; the cloak was across the kettle, with the spout of it bare; it was a copper tea kettle; I gave alarm.

Another WITNESS sworn.

I saw the prisoner come down the steps of the prosecutor's shop, with the kettle under her cloak, and the spout cut.

PRISONER's DEFENCE.

A woman came by and dropped the kettle, and they took me.

GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

[Imprisonment. See summary.]

Reference Number: t17890909-33

606. ELIZABETH JONES was indicted for feloniously receiving some pepper castors , the property of John Alderson .

JOHN ALDERSON sworn.

I was here when M. Connolly was convicted.

(The record read.)

Mr. Garrow, Prisoner's Counsel. The conviction is correct; I need not trouble you; he was ordered to be discharged. Where did you find your spoons again? - At the door of Elizabeth Jones ; on her shop board I found three of these castors, and eleven tea-spoons; she keeps an iron shop in Green's Court, near Peter-street; I was passing by accident, and saw them at the door; they were laying openly for sale; anybody might see them; I returned home, and took my shopman, Richard Mansell, with me; he looked at them; I did not know I had lost any then; the spoons had my mark on; I called several workmen; and among the rest, Connelly confessed taking of them; and he shewed us where he sold them: Mrs. Jones came out, and we took the things; and she said before the justice, she had another, and she brought it, the next day the justice admitted her to bail; the castors we sell at nine-pence apiece, wholesale; and the spoons at eighteen-pence a dozen; she said she gave two shillings and a pint of beer; she said she asked Connelly whether she might put them safely to her door? and Connelly said she might.

RICHARD MANSELL sworn.

Deposed to the above effect.

PRISONER's DEFENCE.

I bought them of the man; I did not know them to be stolen; he said he made them after he had done his work.

Mr. Garrow. I have fourteen or fifteen witnesses to her character.

Jury. We are satisfied.

NOT GUILTY .

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

Reference Number: t17890909-34

607. NATHANIEL TYLED was indicted for feloniously breaking and entering the dwelling house of John Coffee , no person being therein, about ten in the forenoon, of the 15th of July last; and feloniously stealing therein, a cloth coat, value 15 s. a serge jacket, value 5 s. a pair of shag breeches, value 5 s. a velveret waistcoat, value 3 s. a pair of cotton stockings, value 2 s. a shirt, value 3 s. a pair of sheets, value 12 s. a seal, value 1 d. a clasp knife,

value 3 d. a looking-glass, value 4 d. an awl, value 1 d. a looking-glass, value 4 d. and one razor, value 6 d. his property .

(The witnesses examined separate.)

JOHN COFFEE sworn.

I live in the coach-yard, St. Giles's ; I rent the lower part of a house of one Henry Flannagan ; he lives in another place; there are other lodgers; we have one common entrance: on the 15th of July, my house was broken between four and five in the morning and one in the day; I left my wife in the house; when I came home, I found nobody there; both the shutters were open; the doors was both unlocked and unlatched, and only pulled to; I went to my wife, and told her; I missed the things in the indictment (repeating them): the constable found the knife and razor and looking-glass and cobling awl upon the prisoner; I could not suspect any one; the prisoner was taken the same day in another action: I saw him at the justice's; I never saw him before; the bolt of the lock was forced in.

ANN COFFEE sworn.

I am wife of the last witness; on the 15th of July, I left my house before five in the morning; nobody in my apartment; I double locked the door, and shut the window shutters; I came back about one o'clock, after my husband came to me; I missed my husband's clothes, and many other articles; and a pair of sheets; the sheets are worth fifteen shillings; I am certain these things were all in the room when I went out; I never saw the prisoner before.

THEOPHILUS BUTCHER sworn.

On the 15th of July, I was sent for to take the prisoner into custody, for stealing a pair of sheets; on searching him, I found this seal and razor and awl and pocket-knife; I took him at Mr. Riley's house in Church-street, St. Giles's; I took him to the watch-house; and in the afternoon I saw the prosecutor, and he owned the things.

Coffee. This is my seal; I bought it my ownself; I had it almost a twelvemonth; I bought it of a jew in the street; it is the impression of a Turk's head; there is no particular mark; this is my knife; I had it about three months; it is a common pocket knife; this razor is mine: there is a white dot on it.

PRISONER's DEFENCE.

The people were pursuing a man, and I came past, and they took me.

NOT GUILTY .

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

Reference Number: t17890909-35

608. The said NATHANIEL TYLED was again indicted for stealing, on the 15th of July , one pair of sheets, value 3 s. the property of Edward Riley .

ELIZABETH RILEY sworn.

I live in Church-lane ; my husband's name is Edward Riley ; on the 15th of July, I saw a man come out of a house that I let opposite to me, with an uncommon bundle under his coat; I sent a girl after him; she brought him back; that was the prisoner; I found my sheets on him; I went over and looked, and missed a pair of sheets; the constable kept the sheets.

JOHN HUGHES sworn.

I live opposite Mrs. Riley's; I saw a mob; I went there; the prisoner was on his knees, imploring mercy; I asked him what he had done; he opened his coat, and dropped the sheets; I took them up, and sent for Butcher.

Theophilus Butcher produced the sheets.

(Deposed to.)

PRISONER's DEFENCE.

The sheets were not taken from me.

GUILTY .

Transported for seven years .

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

Reference Number: t17890909-36

609. JOHN ATTERWAY was indicted for stealing, on the 27th of August last, a copper tea-kettle, value 6 s. the property of Richard Hunt .

RICHARD HUNT sworn.

I am a publican ; I lost a copper tea-kettle on the 27th of August, from over the parlour door; I missed it directly; I saw it that morning about five; the prisoner came in that morning for a pint of ale; and another with him; they drank the ale, and called for another pint; while I was gone to fetch it, I heard a rustling over my head; I thought they were after no good; when I came up again, they were sat down again; the other appeared to be asleep; he got up, and said I will go; he came back and threw down two-pence halfpenny; this prisoner took it up, and paid me five-pence; says he, if I have halfpence enough, I will have another pint, and he paid for it; I mistrusted him; I took a pint pot, and went just within the cellar door; I heard him get up, and come where this kettle was, eight feet high; he stopped on a pipe box, and reached it down; I stopped him, coming back, with the kettle; he pulled the kettle under him, into the box where he sat before; and his bag to put it in I suppose; the bag was put over to hide it; I came round the table, and learned over the table, and asked him what he had got there? he said nothing; I pulled off the bag, and there stood my kettle; he immediately jumped out of the window, right plump; like a grey-hound; I dashed after him as quick as I could; I caught hold of his skirt; I called thief, and he was taken and committed; I am sure I saw the kettle not two minutes before.

JOHN ROAST sworn.

I confirm the above; I assisted in taking the prisoner; he laughed in my face, and said the landlord is only joking, let me go; I said it was too true for a joke.

PRISONER's DEFENCE.

I had been out all night, and this acquaintance with me; I desired him to get up and have another pint of ale; the other young man went out and went home; the kettle fell down off the shelf; I took it up and put it on the seat.

GUILTY .

Whipped .

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

Reference Number: t17890909-37

610. SARAH PARSONS and ANN CAVE were indicted for stealing, on the 8th of August last, nine yards of muslin, value 25 s. the property of Richard Sanders , privily in his shop .

JANE LAW sworn.

I live at No. 96, in Whitechapel; the prosecutor is my brother; he keeps a linen-draper's shop ; on the 8th of August, the prisoners came into the shop; I am sure of them; but I never saw them before; they came in about five in the afternoon; they asked to look at a piece of muslin to make each of them a cap; I shewed them several; they were very difficult; the piece they bargained for, I opened on the counter; as I was cutting them off one yard and a half at three shillings and ten-pence, I saw Sarah Parsons draw this piece from under the other piece, and drop it on the floor; one of them laid two shillings on the counter; and I found this piece of muslin on the floor, covered with her clothes; an officer was sent for, and they were searched; and they had not money sufficient to pay for the muslin

they had bought; I know this is the same piece; and it is my brother's; I had it on the counter just before; it has our own mark; there were no other persons in the shop.

RICHARD SANDERS sworn.

Deposes to the muslin.

PRISONER PARSONS's DEFENCE.

I went into this shop to buy some muslin; she shewed us two or three pieces; we agreed for it; I was to come and pay her the next morning the rest of the money; and this piece was found on the floor; it fell from the counter; and this young woman said something is dropped.

Mrs. Law. What the prisoner has said is really false; the prisoner Ann Cave did not say something is dropped.

The prisoner Cave called three witnesses who gave her a good character.

SARAH PARSONS , ANN CAVE,

NOT GUILTY .

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

Reference Number: t17890909-38

611. The said SARAH PARSONS and ANN CAVE were again indicted for stealing, on the 25th of July , twenty one yards of printed callico, value 4 l. the property of John Francis , and Christopher Crook .

CHRISTOPHER CROOK sworn.

I live in Surry-street, Strand, in partnership with John Francis , of Covent-garden, I lost a piece of printed callico, the latter end of June, or beginning of July, we had not sold any of them; one of our people discovered it at Mr. Mold's pawn-broker, in Wych-street; I went and found it there, I went to the office in Bow-street; one of the people, on the 20th of August, went and brought the piece to the office; we went to look after the women, and found they were in custody for the last offence.

FLETCHMAN BOWMAN sworn.

I know nothing only receiving the cotton from the prisoners at the bar, they sold it; I gave two guineas and a half for it; I was servant to Mr. Mold, No. 9, behind St. Clements; he knew them, I did not ask them any questions.

(Deposed to.)

The marks have been cut off, being a pattern, of which we have the exclusive; I can swear positively to the piece that it is ours, the printing alone of this cost as much as it was sold for.

PRISONER PARSONS's DEFENCE.

I live in the same house that this young woman does, a gentleman made her a present of it, and she went to pawn it at Mr. Collins's; the gentleman stopped her; it was advertised, and there was no owner, and she was discharged, and we went to sell it afterwards.

SARAH PARSONS , ANN CAVE ,

NOT GUILTY .

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

Reference Number: t17890909-39

612. MICHAEL CAUDEL was indicted for stealing, on the 31st of August , 8 s. and half a crown , the property of Thomas Edwards .

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17890909-40

613. The said MICHAEL CAUDEL was again indicted for stealing, on the 14th of June , half a guinea, and 10 s. 6 d. in silver , the property of Thomas Dudley .

THOMAS DUDLEY sworn.

I am a publican , I keep the Duke of Cumberland, in Great Cumberland-street ,

Marybone; the prisoner was a servant of mine, he came the 4th, and went away the 14th of June; a gentleman in the parlour gave him a guinea on Sunday night to bring to me, to give change; he gave me the guinea, and I gave him half-a-guinea and half-a-guinea's worth of silver, and he made off with it, I never saw him again, the gentleman is here.

ROBERT TOMLINS sworn.

I was at this house when the prisoner was there, the 13th or 14th of June, I gave the prisoner orders to get me change for a guinea, and gave him a guinea to carry to his master; he never returned it to me, I waited a quarter of an hour or twenty minutes, then I asked Mr. Dudley for the change; he said he sent in the change by the prisoner but I never received it.

PRISONER's DEFENCE.

I laid down the change on the table in the parlour, the house was very full, and I was very busy; who took it up, I do not know.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17890909-41

614. WILLIAM DUNCOMBE was indicted for burglariously and feloniously breaking and entering the dwelling house of Richard Good , about the hour of two in the night, on the 23d day of July last, and burglariously stealing therein, one pier glass, in a wooden frame, value 15 s. three diaper table cloths, value 10 s. three brass candlesticks, value 3 s. one brass mortar and pestle, value 3 s. two silver table spoons, value 20 s. six tea spoons, value 6 s. a pair of sugar tongs, value 3 s. two men's hats, value 4 s. and one pen-knife, value 6 d. his property .

A second count, for breaking the said house, about four in the morning of the same day, the said Richard Good and others of his family being therein, and feloniously stealing the same goods.

RICHARD GOOD sworn.

I am a house-keeper, No. 63, Bishopsgate-without ; on Friday the 24th of July, about ten minutes after six in the morning, my apprentice informed me my house was broke open; I went down stairs, and went to the kitchen, and saw nothing in the dresser drawer; and two candlesticks, and a pestle and mortar were missing; I then went into a little parlour, and saw two cupboards broke open, and the other things in the indictment were taken; then I went behind my counter, and found this chissel, with this punching iron, under the shop window, under the partition that separates the place for the shutter, I went round to the street door; the lock was on the door, but another door was broke open, the lock taken entirely off, and I found this candle, this gimblet, this little saw, and this knife; the inside of the partition was laced up with iron hoops, the nails were broke in, and the iron forced in: about eight the same morning Mr. Morgan described a man he saw go from the house; I took the account, and went down to the public-office in Worship-street, and gave a description and an account of the things; and about eleven they brought in the prisoner; I first saw the prisoner, when he was brought to my house, by Harper and Armstrong, they searched him, and asked him where he lived, and went with him to his lodgings, I did not go with them; I went afterwards to the public-office; and Mr. Armstrong, while I was there, brought in a table cloth, which I swore to.

Court. Who went last to bed in your house? - I did; every night before I go to bed; and the night before this, I examined the pins of the windows, and all was safe.

How do you apprehend they got into your house? - I apprehend they got in under the bulk, and from thence made their way to those places, from whence the things were lost.

HENRY MORGAN sworn.

I am a weaver; I know the prisoner, I have seen him three times; at ten minutes after five, the 24th of July, I saw the prisoner and another going over to Mr. Good's house.

Court. It was light then? - It was as light almost as it is now; so his companion knowing something of me declined the job; the prisoner went to Mr. Good's door, and went in, as if he lived there; now I do not take upon me to say he broke the door open, the door was closed, it was under a catch latch; I was too distant to hear a latch move, I was thirty-six yards off; the prisoner shut the door to, and came out into the street, and brought out a pier looking glass, it appeared to me to be a yard in length, and about twenty inches over; by the distance I was, I took him to be the servant of the shop; if he had had other clothes on, I could not have sworn to him, at that distance; I do not go by his face, only his clothes; I never saw him before, in my life; he had on a pair of crimson breeches, two buckles in his hat, a flapped hat, and a red coat; when he left the house he went up a new road, about forty yards off, when I went to the office, the prisoner was precisely dressed the same way, I think; but I am sure the breeches was.

Did you look at the two buckles in his hat; I did not observe it; as to the coat, I made no further observation, but I think it is the same he had on at the office.

ELIZABETH STEDMAN sworn.

I am a servant in the house, I fastened every thing that I had to fasten, and went to bed; I arose in the morning about ten minutes after six, there were three table cloths and a dresser cloth gone; I went into the parlour, and there I saw both the cupboard doors broke open, the cupboards are fixed to the house, I found the street door on the latch; the lock was taken from the door, under the bulk where they put the shutters, that lock was forced away, the door was broke open, but put close, and people appeared to have been in that way.

SAMUEL HARPER sworn.

I belong to the public-office; on Friday the 24th of July, the prosecutor came to me, and told me his house had been broke open, and gave me a description; about ten the same morning, Armstrong and me saw the prisoner, and according to the description, we took him into custody, and when Mr. Morgan saw him, he said in my presence, he was the person, he knew him by his dress; we went to his lodgings, he said his wife was gone to market, we searched under the bed, and in my presence Armstrong found the table cloth.

Did not you promise him it would be better for him to shew his lodging? - No, nothing of the kind.

JOHN ARMSTRONG sworn.

Confirmed the last witness, and assisted in taking the prisoner; Shakeshaft found a little pen-knife, that Mr. Good said was his.

(The table-cloth deposed to marked R. G.)

PRISONER's DEFENCE.

I am an apprentice to Mr. Hall, a paper stainer in Cloth-fair; he was here yesterday.

GUILTY, Of stealing, to the value of 39 s .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17890909-42

615. JOHN HEPWORTH was indicted for feloniously stealing, on the 3d day of September , one linen handkerchief, value 10 d. the property of Richard Johnson .

RICHARD JOHNSON sworn.

I am apprentice to Mr. Jonson, tailor and stay-maker in Oxford street; on Thursday, the 3d of September, between two and three, in Smithfield , I was walking in the fair; I was stopped by a gentleman, who asked me if I had not lost my handkerchief? I said I had; I missed it immediately; it is a red linen handkerchief; I have the fellow of it with me.

CHARLES SHIPLEY sworn.

I cover wire; I work in Newgate-street; I was in the fair on Thursday; I saw the prisoner and another hustle the prosecutor, and take the handkerchief out of his pocket, and put it in his bosom; I laid hold of him by the collar, and gave him to the constable; he was taken to the magistrate, and was committed.

LEMON CASEBY sworn.

I am constable; I only took the prisoner, and the handkerchief I took from his bosom.

(The handkerchief produced and deposed to.)

Prosecutor. I had the handkerchief in my hand half a minute before.

PRISONER's DEFENCE.

I saw the handkerchief laying between some people's legs, and I picked it up; and Shipley took hold of me directly.

GUILTY . (Aged sixteen.)

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17890909-43

616. WILLIAM DAVIS was indicted for stealing, on the 13th of August last, one clock, value 3 l. the property of Wright Birkett and Philip Hillier .

ANN SANDERSON sworn.

I am pew-opener at this place of worship; it is a meeting-house in Little Moorfields ; I saw the clock on the 12th of August, between eleven and twelve o'clock on a Wednesday; I went on Thursday at a quarter past three, and found the clock was gone; the windows were broke open.

- ARMSTRONG sworn.

On Thursday, the 13th of August, I went to the Cross-keys in Winfred-street, about one o'clock; this dial was in a basket by the side of the prisoner; he told me he found it; I took him to the justice, and he was committed.

RICHARD SUMMERSELL sworn.

I am a clock-maker; I made it for the meeting on the pavement, Moorfields.

PHILIP HILLIER sworn.

It is the same clock we paid Mr. Summersell for; and he put it up; I and Mr. Birkett are the deacons of the meeting.

PRISONER's DEFENCE.

I was a mowing in Islington; and going by the Green-gate on the City-road, to work, at five in the morning, I found the basket; and it contained this clock; I carried it to several clock-makers, and could not find an owner; I went to a publick-house at one o'clock, and Armstrong came in and took me.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17890909-44

617. JAMES SPOONER was indicted for stealing, on the 14th of July , one looking-glass in a mahogany frame, called a dressing-box glass, value 20 s. the property of James Brown .

(The case opened by Mr. Garrow.)

JOHN WRIGHT sworn.

I am watchman at St. Luke's, Old-street; I saw the prisoner at two o'clock come by my stand by Blind-alley; on seeing me, he came up the alley again; I caught hold of him, and asked him what he had got there he said a glass, his own property; I took him to the watch-house; next morning, upon enquiry, I found it belonged to Mr. Brown, St. Paul's churchyard; at eleven next morning, he swore to the glass, and said it was his glass.

JAMES BROWN sworn.

My house was burnt down on the 14th of July (the glass produced and deposed to by Mr. Brown); I deal in these kind of goods; I saw it in the shop four or five days previous to the fire.

PRISONER's DEFENCE.

I had a room to white-wash over the water; and going home, I saw something laying against a door, and I picked it up; and going along with it, the watchman took me and the glass to the watch-house.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. Justice WILSON.

Reference Number: t17890909-45

618. JOHN JOHNSON was indicted for stealing two men's hats, value 20 s. the property of Thomas Hart .

THOMAS HART sworn.

I live in Everard's-place, Church-lane, Whitechapel; I was going to remove from Union-street, Bishopsgate, to Church-lane; I applied to Mr. Taylor for a cart, and he sent one, of which the prisoner was driver ; among other things there was a chest of hats; and some that would not go into the chest, and they were put between the leaves of a mahogany table; when the cart was unloaded, I asked the prisoner if he had delivered the whole of my property? he said he had; he drove the cart up Church-lane, and I followed him; I had information he had some of my property in the cart; I laid hold of him, and asked him what he had in the hay-basket under the cart? he said nothing; the hay-basket was pulled out, and in it these hats were found; he was taken to a magistrate, and committed.

THOMAS GEORGE sworn.

I am a porter; I was employed by Mr. Hart to move his goods; I packed up some hats, about one dozen and a half between the leaves of a table; I delivered the hats into the prisoner's charge, into the cart; I went up stairs to fetch some more things down, and when I came back, I saw him with a hat in his hand; and the hay-basket in the cart; I saw him cover one of the hats over with some hay; I asked him what business he had with the basket in the cart? he told me he would move it out immediately and accordingly he did; and I informed my master that he had a hat in the basket; and he went and found it in the basket afterwards.

Prosecutor. The hats have been in my possession till the beginning of the sessions; when I left them with a friend, thinking it inconvenient to carry them about; I can swear to the hats, one of them was made for a clergyman; the lining was not finished; I know it by that.

PRISONER's DEFENCE.

I never put the hats in the basket.

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

GUILTY .

Whipped .

The prisoner was recommended by the prosecutor.

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

Reference Number: t17890909-46

619. GEORGE DAWSON and DEBORAH DAWSON were indicted for feloniously and traiterously, on the 10th iof August last, feigning and counterfeiting a piece of false coin to the likeness of a shilling .

Another Count, for a sixpence.

(The case opened by Mr. Silvester.)

JOHN FLETCHER sworn.

I am one of the headboroughs of St. Paul's, Shadwell; on the 10th of August, I had a warrant to search the prisoner's house in Sun tavern-fields, in the parish of St. George's, Shadwell, Middlesex ; a woman on whose information the warant

was granted, knocked at the door in my sight; I stood at a distance, and nobody answered; I staid about five minutes, and found that the door would not be opened; I together with Stephen Reynolds, went through the next house, and so through into the yard; got over the pales that parted the prisoner's house and the house I went through; and got into the prisoner's yard; broke some wooden bars in a window in the prisoner's house; Stephen Reynolds went in and opened the back door, and I went in to him; we then opened the street door, to let the other people in that were with us; the woman that stands at the bar, looked out at the one pair of stairs window, whilst I stood at the threshold of the door, and spoke to me; she said she was coming; some other people went up stairs before me; I went up after, when I saw the woman appear to me to come down the garret stairs; she was on the garret stairs, very near the bottom.

Court. How many stories are there in the house? - Two stories; there is the lower rooms, one pair of stairs, and garret; I secured the woman, and they all rushed up stairs; I and the woman went up stairs into the garret, and saw the man almost naked in the garret, with only his flannel waistcoat and his breeches on; he at that time was not subdued, but was in the act of resistance; I assisted, and handcuffed him myself; the first thing I saw after that, was a furnace lighted with a charcoal fire in this fore-garret; and this pot was on the fire, which I took off; the contents is in it now.

Mr. Silvester. What else did you find there? - I found every thing necessary for two pair of flasks; the frames, boards, and screws; all these things were found in the garret, besides scouring-paper, cork, charcoal, files, old crucibles, a pair of seales, about an ounce weight of this metal, which I am informed is silver, at least, some of it; I searched the woman at the bar; and while I was searching her right hand pocket, I saw her put her hand into her left hand pocket; and I saw these two six-pences drop; in her right hand pocket I found these two other six-pences; after that, I went down stairs with the man; and a coat lay on the bed; and I asked if it belonged to him? he said it did; I searched the right hand pocket, and I found this silver, two shillings, and seven six-pences, and some silver or metal; he put the coat on, and went away in it before the magistrate: in the back window of the back room below stairs, lay these four base shillings, and seven six-pences.

Mr. Garrow, Prisoner's Counsel. How many stories are there in the house? - There are two cellars, two lower rooms above the cellars, even with the street, two rooms up one pair of stairs, and two garrets.

I observe, Mr. Fletcher, that the information was granted in the name of Johnson; she was the woman that knocked at the door; do you know that woman for any long time? - I never saw her before.

Do you know her by any other name; for I observe that her name in the warrant is on an erasure; was not the information given in the name of Williams? - No.

Do you know that her husband was in custody for a felony? - I do not know she has a husband.

I mean the man she cohabits with, by the name of Williams, is in custody for a felony? - Yes.

He was in custody for stealing a weight, and uttering base money? - I do not know the charge.

Do not you know that Williams and the woman that went with you to the house, occupied the garret which you have searched? - I do not.

That, however, was the woman who gave you the information? - It was.

When you first saw the woman, she was looking out of the window; afterwards you describe her as being on the stairs; she had not time to do anything in the mean time? - No, nothing else but to go up stairs and down again.

Who was up stairs first? - West and Reynolds were both in before me.

JOSEPH WEST sworn.

I was in company with Fletcher and Reynolds; Stephen Reynolds and Fletcher got in backward, and opened the front door for the rest to get into the house; we came in at the front door, and saw nobody in the bottom part of the house; Stephen Reynolds and Thomas Reynolds went up one pair of stairs before me: the house contains two stories only; when I came up one pair of stairs, I observed Stephen Reynolds having a bit of a tussle with the prisoner, the woman at the bar; I passed by them, and followed Thomas Reynolds close up stairs to the garret; I saw the prisoner George Dawson in the fore garret, stand by a strong burning fire, with a pair of tongs in his hand; when I entered the room, he immediately quitted the fireplace, and went to another part of the room, where these irons was fixed with some black mould or earth; and the prisoner kneeled down on his knees, and destroyed all he could, by scattering the sand; and I fell down upon him; and on so doing, some of this money appeared in sight among the sand; I have kept it ever since; he and I had a bit of a tussle; but some more officers coming in, he said he would yield; he would surrender; and then he was handcuffed; we searched the earth or mould, and I myself picked out all this money.

(He produced about forty pieces.)

Mr. Garrow. I know not, Mr. West, whether you you have been present at these sort of apprehensions before? - No, I never was.

Do you know the woman who cohabits with Williams? - What Williams?

That Williams that is in custody for a felony? - No.

STEPHEN REYNOLDS sworn.

I was in company with Fletcher and West, on the 10th of August last; I and Mr. Fletcher sent a woman to knock at the door; we came to the house by going through the next door; I made the first entry in at the cellar door; and afterwards let Fletcher in; I opened the front door; we went up the first pair of stairs into the parlour or kitchen, or what else you please to call it; I saw no one below; I ran up stairs while Fletcher let the rest of the officers in, there I met the prisoner, the woman at the bar, on the garret stairs.

Was she on the garret stairs, when you got up one pair of stairs? - She was; she asked me what I wanted? I told her I had a search warrant against her house for coining: whilst she and I was arguing, and endeavouring to prevent my going up stairs, my brother, Thomas Reynolds , passed by me; I immediately followed him; and there I saw the prisoner Dawson coming out of the garret with a pair of tongs in his hand; he had neither shirt, nor shoes, nor stockings on; he was in a flannell waistcoat and a pair of drawers; he struck at Thomas Reynolds ; I then took a pistol out of my pocket, and told him if he struck again, I would blow his brains out; with that, he ran back again, and went up into the garret.

Where was it he struck at Thomas Reynolds ? - On the stairs, about six or seven stairs from the garret; he turned back again, and ran up into the garret; and Thomas Reynolds after him; and I followed them; and I saw them two a fighting together; then, after we had been at it some time, we secured him, and began to search the place; and I found this coin.

(The coin produced.)

Have you kept them in your possession ever since? - Yes; they are a parcel of six pences which were on the ledge of the garret window; and likewise this leather-bag with some more bits of cut shillings and six-pences.

Do you know anything of the mode of the carrying on this business? - I do not.

Do these cut shillings appear to be good or bad? - Bad.

Mr. Garrow. When did Fletcher come into the room? - He followed me close.

Do you know this woman that lives with Williams? - No.

Do you know where her husband, or the man she lives with, was at the time she gave this information? - I have been told he was in Barking gaol.

You have been told he was in Barking gaol; upon your oath, did you not fetch him from Barking gaol this morning? - Yes, I did.

As a witness in this cause I suppose? - I know nothing of that.

What was he in custody for? - I do not know.

What, had you so little curiosity, that travelled with him from Barking to London, and yet never asked him why he was in custody? - No.

You really do not know what he was in custody for? - No; I heard somebody say he was in for nothing at all.

Who had you your order from? - Justice Staples.

Do you or do you not know that Williams and this woman that gave the information, occupied the very garret you have been searching, till he had the good fortune to get into Barking gaol? - No.

THOMAS REYNOLDS sworn.

I went in company with Fletcher, West, and my brother, to this house; I found there these particulars (produced): I found some money likewise in the room, and put it in this purse.

In which room did you find it? - In the room where the prisoner was in, in the garret; I found it up by the side of the wall, just by where the flasks and things lay.

Mr. Garrow. Do you know Williams, the man you have fetched from Barking gaol this morning? - I never saw him till we fetched him from Barking.

He is to be discharged if these people are convicted, I suppose? - Upon my word I cannot tell.

JOHN CLARKE sworn.

Was desired by the court to explain what the things found in the possession of the prisoners were; and accordingly describes the whole process, he sets the frames, for the inspection of the court; and shews which is called a mould, and the channel in it, which is called the get.

Court. What is the crucible to melt in? - The metal in it was for the purpose of re-melting.

What are these other things? - Here is other flasks, and other metal; here is some appears to be silver; at least, it is of a good composition; and some blanched copper, and something to blanch it with, corks, scouring-paper, files, shears, and a piece of a warming-pan; there is no sand here, but only the faceing; here is every thing compleat for casting; here are some coins made use of for paterns; the white stuff in the window appears to be wrought arsenic; by melting down copper with this, and it being fluxed together, gives it the first degree of whiteness; these which came from the garret, are a quantity of bad shillings and six-pences; here are some just cut from the get; they have got their roughness; these two parcels found on the woman, are counterfeits; these other parcels appear to have been fit for circulation; but they have got too bad since; but I think they have all been in circulation; those found on the man, do not appear to have been in circulation, especially one; this other parcel are some bought up by jews, ready to melt down, to cast again; these in the pocket are in a fit state of circulation.

(Handed to the Court and Jury.)

Court. Supposing all that process you have been talking of, would the effect be to make such things as you have in your hand? - Yes.

Mr. Garrow. You was in the court while the other witnesses were examined; you attended to the manner they gave their evidence? - I did in some part.

You heard the witness describe he found the flasks without the board, and without the screws; I take it for granted, it is perfectly clear that these six-pences could not have been made in the present state of the flask? - No.

In the then state of these cut off from all spray and get, it is impossible they could have run in the sand at that time; the mould was not in a state for running? - That could not be, for they must make a side before they can make a mould compleat; in all probability, that spray was laid all down the sand; that may be half a mould, they cannot take these six-pences out till they have laid the mould upside down.

Of this, Mr. Clarke, we can have no doubt, of the sand and six-pences laying together in irons and flasks; that it is so; but then it was not in a state for using, without first taking out the get and the six-pences; it was impossible to use it in the state it was in? - Most assuredly so.

You have stated that the fusion of base-metal with wrought arsenick, will produce one degree of blanching; when that is done, it is still necessary to make use of something else to draw out the colour; there is no aquafortis here to day, Mr. Clarke? - No, there is not.

So, that in the present state of these things, he could not with them impose upon you or me a piece of base-metal, without the assistance of something else? - No.

RICHARD FRANKLIN sworn.

I am one of the moniers of the mint.

Will you be so kind to look at these, are they base or counterfeits? - They appear to me to be base; these are that are found in the coat.

PRISONER's DEFENCE.

The person who took the garret of me, and was to appear against me, brought all these things in; they are his things, and not mine.

The Jury withdrew for about an hour and a half, and returned with a verdict,

GEORGE DAWSON, GUILTY , Death .

DEBORAH DAWSON , NOT GUILTY .

George Dawson was humbly recommended to mercy by the Jury, being a young man, and perhaps the first offence.

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

Reference Number: t17890909-47

620. THOMAS ASHTON was indicted for feloniously stealing, on the 20th of August last, eleven pounds weight of loaf-sugar, value 10 s. the goods and chattels of John Baker .

JOHN BAKER sworn.

I am a grocer and tea-dealer , No. 10, Budge-row ; I lost some sugar, but did not see it stolen.

ANN SAMPSON sworn.

I keep a publick-house; on the 16th of August, the prisoner brought in two sugar loaves, and asked me to let them stand there till the morning, because he was then to take them over the water; but he never called again for it, so the sugar was in my possession, till I gave it to the constable to bring here; he did not offer to sell it me; or wished me to conceal it; he said when he brought it, it was late, and he would carry it away in the morning.

WILLIAM BLACKMORE sworn.

Produced the sugar.

John Baker again being called up, and asked when he missed the sugar, said, he could not miss it, but he knew it was his property by his own private marks; and deposed, the prisoner confessed that he took them from him in his own shop, but told him that he meant to take them to a lady in Ludgate-hill; and if she approved of them, he would bring him the money: on his cross examination by Mr. Garrow, he said, they were in his own wrappers; and that if he had sold them, he should have sold them as they are now; that he had frequently trusted him with

large sums of money; and particularly just at that time, had intrusted him with 178 l. and found him very honest.

The prisoner called three persons who gave him an excellent character.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17890909-48

621. THOMAS HAMILTON and JOHN DAVIS were indicted for feloniously stealing on the 5th of September , fourteen guineas, two half-guineas, and other things, the property of Nicholas Slumber , privily from his person .

NICHOLAS SLUMBER sworn.

I am a Swede, I was in New Prison, Clerkenwell , on Saturday; I had fourteen guineas, two half-guineas, four half-rupees tied in a silk handkerchief and put in my trowser pocket; the prisoners cut my pocket and took away all my money.

ROBERT COBB sworn.

I was in New prison on Sunday week; the prosecutor came into the shed in the morning with an iron on, the prisoner Hamilton offered to tie up his iron, and felt a large lump, and said there was money, he asked me to lend him a knife; I had never a one, we then went to chapel: I saw the prisoner sit by the prosecutor, and cut the prosecutor's trowsers, and saw him put the point of the knife in his trowsers, but did not see him take any thing, he went out of the chapel, and returned in a few minutes.

JAMES WOOD sworn.

I was in custody for an assault, the prosecutor came in and sat down by the prisoner, and I said no that cannot be done; the prisoners said there was always somebody a narling here; I saw him take the money out of his pocket in the chapel; he came out of the chapel, and he told me, I have done it, I have nabbed three guineas and gave to a prisoner, by the name of green sleeve, afterwards I saw the boy kneel down and take something out of his pocket, which was three or four guineas, and one rupee; I saw Anniseed take the money from the boy.

PATRICK ANNISEED sworn.

I took hold of the boy and searched him, and in the tail of his shirt, I found some money, but how much, I do not know.

JOHN CAIN sworn.

On the Sunday morning, the hour of opening the gaol to let the prisoners out, I heard there were two or three prisoners brought in; I went and asked him for 3 d. and I presently after heard that the prisoner was robbed, and lost fifteen guineas, and four and a half rupees; I searched the boy and found he had got four guineas and one rupee, which I gave to Mr. Roberts.

THOMAS ROBERTS sworn.

I am clerk to Mr. Newman, keeper of the New Goal, I heard that a foreigner had been robbed; Cain came to me, and gave me five guineas, and four and a half rupees then I went to the prosecutor and asked him what he had lost? he said fourteen guineas, two half guineas, and four rupees and a half he shewed me his pocket, and I saw it was cut, and the handkerchief had two holes cut in it also.

(The rupees produced and deposed to.)

PRISONER HAMILTON's DEFENCE.

The prosecutor was at chapel, and I was at chapel, I was told the boy had got some money from the Swede; Mr. Roberts had me put in irons, and in the strong room. I was searched and nothing found upon me.

PRISONER DAVIS's DEFENCE.

I found the money on the table, and enquired for an owner, but could find none.

Wood. I saw the boy take the money out of the prosecutor's pocket.

THOMAS HAMILTON , JOHN DAVIS ,

GUILTY, Of stealing, but not privately .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17890909-49

622. BENJAMIN SPRIGGS was indicted for feloniously assaulting Thomas Howard , on the King's-highway, and putting him in fear, and taking from him seven guineas, his property .

THOMAS HOWARD sworn.

I am a publican ; I live in Dorrington-street, Brooks-market; about 12 o'clock, I went to the Buffalo Tavern, I went in and drank with Cook; and Spriggs was in company; the constables began to insult me, I was knocked down, Cook was one of them; I lost my stick; I was taken, and carried to the watch-house by Spriggs, and others, I was detained about an hour, I got out of the house, through the window; I went to a public house, to bathe my head, Spriggs came in soon after, with another, and seized me, and took me to the same watch; about five in the evening, Spriggs beat me violently, and put me into a back room, and seized me by the collar, and forced me with his right hand, and with his left hand, he took out of my breeches pocket seven guineas, wrapped up in white paper; I had eight guineas in my left hand pocket, in a canvas bag; I took that out of my pocket, and held it to him; and said you viliain, you want this too; I know what you have got; he said d - n your eyes, you can't break out here; and he locked me up; the other constables were about the house; there was nobody present but Spriggs, and myself in the room, which was dark; I could make no resistance, because he had me by the throat; I had the money in my pocket when I went to the watch-house, the second time; in about half an hour, I was taken to Bow-street, upon an assault.

Court. Did you inform the justice at that time, of the robbery? - I did not.

Court. There is an end to it.

NOT GUILTY .

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

Reference Number: t17890909-50

623. PETER, otherwise PHILIP, otherwise PATRICK, otherwise PAUL RYAN , was indicted for that he, together with two other persons, on the 8th of August last, on Matthew Leonard , in the peace of God, and our lord the King then being in a certain dwelling house; wilfully, feloniously, and maliciously, did make an assault; and that one JOHN BURKE RYAN, with force and arms, with a certain pistol, loaded with gunpowder and a leaden bullet wilfully and maliciously did shoot at the said Matthew Leonard , and that he the said Peter and another person, at the time of the felony aforesaid, were present, aiding, abetting, assisting, comforting, and maintaining the said JOHN BURKE RYAN , the felony aforesaid to do and commit .

Matthew Leonard , James Thomas , John Potts , and James Armstrong were called, and not appearing, the prisoner was ACQUITTED .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17890909-51

624. ELIZABETH RICE was indicted for stealing, on the 26th day of June last, one linnen towel, value 6 d. one counterpane, value 1 s. a muslin cap, value 1 s. two aprons, value 2 s. a pair of sheets, value 3 s. half a yard of dimity muslin, value 1 s. a napkin, value 6 d. a handkerchief value

9 d. a table cloth, value 18 d. a muslin handkerchief, value 1 s. the property of Joseph Colleys .

William Christie , a pawn-broker, produced a cap and an apron, that were pawned by the prisoner, and belonged to the prosecutrix, whose servant she was.

The prisoner pleaded illness and distress.

GUILTY, 10 d .

Transported for seven years .

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

Reference Number: t17890909-52

625. CAMEL DELAP STEWARD and MARY PETERS were indicted for feloniously assaulting James Dowd on the King's highway, on the 9th of August last, putting him in fear, and danger of his life, and feloniously taking from his person, and against his will, a silk handkerchief, value 2 s. a half crown, and sixteen copper halfpence, his property .

The witnesses examined separate.

JAMES DOWD sworn.

I came from work, between eleven and twelve to Mr. Tanner's house, on the 9th of August, and I went out from thence between three and four o'clock in the morning; I took a pot in my hand, in order to get a pot of beer; when I was attacked by this Stewart and Mary Peters in Wingfield-street, Whitechapel .

Did you know them before? - I never saw them before they attacked me, there was two women and Stewart; Mary Peters laid hold of my handkerchief that I had round my neck, and they took from my pocket, half a crown, and 8 d. in halfpence, which was all I had about me; I am sure I had them, when they attacked me; I did not feel any one's hands in my pocket, Mary Peters said she would have my life, and called Stewart, and gave him a knife, and he cut me across my throat; I was in as good health then, as ever I was, but I have been ill ever since, and do not think I ever shall be well any more; after they cut me across the throat, they cut me on the chin, and stabbed me on the side, and on the shoulder, and on the calf of my leg strait down, here is the shirt; (shews a very bloody shirt); I suppose it was during this time I lost my money, I had it when they attacked me, and I had it not afterwards; he was going to make a second cut at me; but the other woman called out murder, and desired him to spare my life; she caught hold of his hand, so I got to this friend's house, as fast as I could; the woman (Peters) was all for killing me; I believe it was about three quarters of an hour when I got away from them, my friend went with me.

Then they had not ran away? - They never stirred out of the same place, we found them there; the watchman came up, and they were too much for him; and the other watchman came up, my friend could not take them, there was such a gang, and they were going to serve him, as they served me, there were two watchmen, and my friend and his wife at the taking of them, it was about one hundred yards from the house that I was attacked, I had not been drinking before, that night; I was quite sober, I was at work till very near twelve before we settled, I remained up with my friend's wife, who was washing, and the pot of beer was for her.

When you first met this man, and the two women, did you speak to the women? - I never spoke a word to any of them.

You had no quarrel with them? - No, I never saw them before.

Did you offer to meddle with either of the women? - No.

When you was attacked did you call out? - I called out, but there was was no watchman came to me; when the three came about me, and threatened me, in the manner they did, I did not know what I had best do.

Did you see any body else in the street at that time, but these three? - Never a soul.

Did they meet you, or did they overtake you? - I was passing by them, they were standing still.

When Mary Peters took you by the handkerchief, did they begin immediately to threaten, or did she ask you to go with her or any thing of that sort? - They began immediately to threaten, there was nothing at all like going with her.

What day of the week was it? - It was Sunday morning about five, when I was carried into the London Hospital.

Was it light or dark at the time? - It was not quite day-light.

Was it a dark or a light morning? - It was a little dark, but growing lighter.

How can you be so positive that these two were two of the people that attacked you, if you never saw them before, you was very much alarmed? - Yes.

Then how can you be so positive that these two prisoners were two of the persons that attacked you? - Because I knew them when I was brought to the rotation-office, from the London Hospital, I knew them, because I was by when they were taken: I shewed them to the men that took them.

How long might that be after they had first attacked you? - It was about a quarter of an hour after I got from them.

Can you be quite sure that these wore the same people, or whether these people might not have come up afterwards, for they were standing in the same place? - This man and woman were standing there, the other woman was gone.

How can you be quite positive that these two were two of the people; did you see their faces? - Oh! yes, I saw their faces and I know them now; they gave me good right to know them again.

Upon your oath can you positively undertake to swear that these two were two of the three people, that attacked you in the manner you described? - Yes, that is him, and that is she; I can swear to them both.

The depositions handed up to the Court.

Prisoner Peters. What time in the morning was it when you was cut? - Between three and four.

What time in the morning was it, when I was taken up? - The watchman can best tell that, the witness who took her.

Why did not you give charge of me when I was first detained, it was another man that gave charge of me? - I gave charge of her and of him also.

Did you mention at the watch-house that I robbed you? - I did not think then about robbing, or any thing else; I was afraid of my life, and I was hurried away to the hospital.

Court. Did you then mention your having been robbed, or being cut and wounded? - It was to the watch-house I was taken, there was nobody but the constable of the night there, he did not ask me any thing, but desired the watchman to hurry me to the hospital as fast as he could; I was asked nothing at that time.

Prisoner Steward. Was not there other soldiers besides myself? - No, I did not see any others in the street besides the prisoner.

Court. When did you first give charge? - On the Monday morning following at the Rotation-office before the two justices.

Prisoner Peters. Was not you walking up and down the street with a woman, named Mary Barnes , a carrotty woman? - No, I was not, never spoke a word to the girl that night, lost my silk handkerchief, which was pulled off, and I had like to have been choked when they were pulling it off.

WILLIAM TANNER sworn.

The prosecutor called at my habitation at eleven, he stood godfather to one of my children, I took my child and myself to bed and left my wife and him by the fire, she was washing; I was asleep when he went out, when he came in, in the morning, my wife came and awaked me, and seeing the

man in the condition he was, I asked him if he could shew me the man, he said he could; it was about a quarter before four I saw him, he had his collar open and his hand to his wind-pipe, it bled very much; I tied a handkerchief to stop the wounds; he had a wound on his shoulder and another on his breast, the shirt will tell that; I went out with him, we went directly into Wingfield-street, it was not as far as out into the yard, where the accident was done; I was particular in whether he would shew me the right man; I met a man in the way, and I asked him was that the man, and he told me not; when I came within a hundred yards of the two prisoners they were standing against the wall with their arms about one another's necks, and he said they were the two people, but if we made haste we should take them; whereas he was not able to run, or hardly to walk, I went up to them, and I got hold of him by the collar; says I, you are the king's prisoner, you must go with me to the watch-house, that is the same man I took hold of by the collar, and that is the woman, he struggled with me very much for ten minutes; and my wife she followed me, she halloo'd out, and the watchmen came up, and he struggled with them, and they were obliged to hit him over the head, and knock him down, before they could take him to the watch house; the woman was by, and she followed him down to the watch house, and then the constable of the night knew her, and we gave charge of both; she went of herself; we gave charge of him, to the constable of the night, and then we gave charge of both; I never had seen the like before, and I was fairly scared, and frightened myself, for I thought I should be slaughtered, and my wife; I saw no arms they had; afterwards I took the patient to the London Infirmary

Prisoner Peters. Pray where do you live, when you are at home? - In little Essex-street, Catherine-wheel-alley.

Where were we taken up? - Opposite the sugar-house, in Wingfield-street.

How many yards was that from your house? we were taken at the bottom of Wingfield-street, which is five or six hundred yards off.

Court. How far may it be? - It may be as far as from the gates, I did not measure it.

What part of Catherine-wheel-alley, do you live in? - Just by the Throwsters-arms, No. 4.

Prisoner Steward. I struggled with him, because he collared me.

Court. Did you search either of the prisoners? - No, nor I never saw the people before that morning.

ALICE TANNER sworn.

I am wife of the last witness; the prosecutor came the Saturday night to spend the evening with us; I was washing and ironing, and doing what I had to do; my husband went to bed, and the prosecutor asked me if I would drink some beer? I said yes, I could; but he could not get any? he said yes, he could, at the night-house; he went out, and returned in about three quarters of an hour; and knocked at the door, all cut; I screamed out, and ran to my husband to the bedside; my husband jumped out of bed; says he, Jem, what is the matter with you? oh! says he, I been robbed and murdered almost, in Wingfield-street; my husband went in search of the prisoners, and found the man, and took hold of him; I called out murder when they began to wrangle; and the soldier dropped a knife out of his hand; that is the prisoner Steward.

Did you see the knife drop? - I saw the knife drop; and there is a woman that is out in the court-yard now, that said before the justice, that she lived with this man she picked up that knife and pushed me on my elbow when I went to pick it up.

Did you know that woman? - I know her by eye sight; I never saw her before; she was not taken up.

You followed your husband and the other man immediately? - Yes; and kept

up with them; when my husband laid hold of them, there was nobody but the two prisoners, and the man that was cut, and my husband; the woman that took up the knife, came up afterwards.

Prisoner Peters. Pray where do you live, Madam, when you are at home? - In little Essex-street, Catherine-wheel-alley.

How far was it? - It is not a quarter of a mile to it; it is almost facing George-yard.

Prisoner. Gentlemen, the sugar-bakers is facing Brick-lane? - It is almost facing the Broad-place.

Pray, Madam, did you see this man give any charge of me? - He said you both was in the fact; and my husband took hold of you; and you pulled him and hauled him and dragged him very much, till the watchman came; the prosecutor came and said, that is the woman that held me, and gave the soldier the knife to cut me; he said so in the watch-house; and so he said when he came to my house.

Did you see me have any knife? - I did not see you have any knife, but I saw the soldier drop a knife.

Jury. Did you see the knife drop from any body's hand? - From the hand of the soldier; I am sure of that.

What became of the knife? - A woman that the soldier did live with, (as she said herself before the justice) she picked it up.

Prisoner Peters. Who gave charge of me? - The prisoner Peters followed us to the watch-house; and when we were there, she was detained, and the prosecutor gave charge of her.

JOSEPH GOLDBURN sworn.

I am a watchman; about a quarter before two, on Sunday morning, on the 9th of August, I saw the prisoner and another man, and two women with them, standing in the road-way, facing the Yorkshire Grey in Whitechapel; I went over to them, hearing them talk, and asked them why they did not go home; I knew the other man by working with Mr. Ellis the carpenter; they said they were going home presently; then I went back to my stand, till the clock struck two, and they all four went up the yard; I went my beat, and saw them four in the yard; and the prosecutor was standing near them, but not in company with them; I never saw him before in my life; he was with a girl by the name of Mary Barnes ; as such I left the four together, and the two together, and went away; nothing happened at that time; after I had been to the watch-house with my brother; and coming home about a quarter after four, I heard a great noise in Old Wingfield-street, as if there was a riot; I said to my brother, though we are off our duty, we must not suffer this; we went up, and the woman said the prisoner had cut a man's throat; I seized hold of the prisoner; my brother came up and struck him on the head, and I said Will, cease beating him, he has surrendered to me; and the man laid to me, watchman, take me under your protection; I will go with you any where; he said he would resign himself up to me; they were struggling with Tanner when I came up; I saw nothing of the fact.

I observed you called the hour of two? - Yes; I never saw anything of the parties from half after two, till that time.

Did you call the hour of three? - Yes, but I did not see anything of them.

Did you go round at three? - Yes, but I saw nothing of them; I am about a quarter, or very near half an hour, going round the beat.

Did you go into Wingfield-street when you called the hour of three? - I was obliged to cross it, and cross the Broad-place; I must cross the place, or near the spot; I did not see any body there then.

You did not know the prosecutor before? - No.

Did you speak to him, when you passed him and Mary Barnes ? - Yes; I desired him to get home, and desired the four the same.

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

Reference Number: t17890909-52

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 9th of SEPTEMBER, 1789, and the following Days;

Being the SEVENTH 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 VII. PART IV.

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 Camel Delap Steward and Mary Peters .

Was it light or dark? - It was dark at half past two.

Did you take such a view of the prosecutor, as to be sure he was the person? - Yes; I knew him again as soon as ever I saw him; another man was cut, but he would not give any charge against her; and the prosecutor gave no charge against this woman at that time.

Was he fit to be examined there, and to be giving charges? - No, I do not think he was; for the blood ran so plentifully, we were obliged to get him down to the hospital as fast as we could.

You are quite certain you went the round at three? - Yes.

And saw nothing of them? - No.

Court. Was you ever a watchman in the Tower ward? - Never; I never was a watchman, before I was a watchman in Whitechapel, in my life.

Prisoner Peters. Do you never go any half hour in Wingfield-street? - Never.

WILLIAM GOLDBURN sworn.

I was coming with my brother; we went down Wingfield-street; we saw a great piece of work, and we ran down opposite the City of Norwich; I saw a soldier; this man came up to me; he said, watchman, look how my throat is cut; and he held his throat to me; and he said, that is the man that has done it; I saw the man tusseling, as I thought, to get away; I reached my arm over, and hit him over the head, to prevent him from getting from me; my brother then said, do not strike him any more, he has surrendered himself up to me; the prosecutor came up to me, and said, watchman, look how he has cut me; and I saw the cut; and I thought he should not get away; that was the reason I struck him.

Prisoner Peters. We have a man to call in that had his lip cut; his name is Patrick Fitzpatrick ; I was very much in liquor, and I went to bed; it was last Saturday night was five weeks; it was about eight at night; and I got up at half after twelve; coming down George-street, where this man lived, I saw him at his door; he said his wife and him had had two or three words, and he would not go to bed; I said never mind that, we will make that up, and have something to drink together; we came back again to George-yard, which it might be one, or past one; I met a carpenter, and he asked me what I did out

at that time of morning? I told him I got up to get some water or some beer; he asked me to have something to drink; I went to the Saracen's Head with this prisoner, and his wife, and that man; we had half a pint of liquor, and two or three more half pints; and a pot of beer with the company in the house, and this man, and his company that were with him; and coming down George-yard to my own house, there was a man came up to this man, and knocked him down; and I and this man's wife was standing on the other side of the way; I asked what the man was knocked down for? they told me as how he had cut somebody's throat; I said I was positive he had not, for he had been drinking with me all night; and my prosecutor gave no charge of me; and was very cheerful and full of spirits, only he held his hand to his throat; he gave no charge of me; he was pulling me about; he was in company with Mary Barnes from half after twelve, till he was detained in the morning; Mary Barnes was more liable to have this man's money, and likewise her company-keepers to cut him; we had time enough to make our escape, both of us; and I followed him to the watch-house from Wingfield street, to the bottom of Osborne-street; a man said I cut his lip; when he saw me, he would not give charge of me; on the Monday I asked this man who cut his throat? he said he knew who it was; he would not make me any answer; at last, says I, did I cut your throat? says he, yes; then, at the first examination he said this man cut his throat; and I robbed him of some halfpence; at the next examination he said I robbed him of three shillings and nine-pence halfpenny; and a silk handkerchief, valued at three shillings; now he swears I robbed him of a half crown piece, and sixteen halfpence; and a silk handkerchief, valued at two shillings; if I had robbed him, I would have escaped.

PATRICK FITZPATRICK sworn.

Do you know the prisoners? - Yes, both.

Did you see them on the 9th of August, in the morning? - Yes, last Sunday was five weeks, in Wingfield street, between three and four in the morning; I just came up at the time when the skirmish was between this Poll Peters and the shoe-maker; I do not know his name; the prosecutor; and she desired him to keep off; and then he not keeping off, she drew a knife, and she cut him; I saw her cut him with the knife.

You had not been in the street before that night? - Yes I was, about eight o'clock; and at two o'clock; and before that; I do not deny it.

Who was you with? - I do not know who I was with; I went to get a pint of beer.

You was not with Mary Barnes ? - No, I was not; I do not know who they were; there were several in and out.

Did you see any body in the street at two o'clock? - I do not know; I saw several people walking about, but I did not know any of them; I did not see the prisoner at that time in the street.

Where was Steward at that time? - He was standing about a matter of fourteen or fifteen yards off; I told her at the same time; says I, you ought to be taken up, and sent into prison; what is that to you, you vagabond, says she; I will cut you; and she followed me, and cut me across the lip; I got the watchman, and took her into custody.

Then, at that time, there was nobody in the street, but these two persons and the shoe-maker, and you? - Yes; there was another woman; I do not know who she was.

Was Steward with the other woman? - No, he was not; he was standing a good way from either of them.

He never interfered at all? - No, he never did while I was standing there, not at all.

When she was cutting the man, you did not offer to help him; only told her she ought to be sent to prison? - No; says she, you blackguard, what is that to you;

I will cut you; I walked on, and she followed me, and cut me.

Did you know the woman before? - What, Poll Peters; no, I never saw her before, only once or twice; I am quite sure she was the woman that cut me, and cut my lip.

Did you observe where she hit him? - No, my Lord, I did not; I was afraid to rush in when she cut the prosecutor, because she had the knife in her hand; when I gave charge to the watch of her, it was about four minutes after; the watchmen were present then.

Was there any body else there besides the watchman? - Not as I know on.

Did you see any struggling with any body? - Yes, there was when the soldier was taken.

Did you see any body go up to the soldier? - I saw a man taking hold of him; I do not think that was the watchman; it was another man.

Where was the woman when the man took hold of the soldier? - I had hold of her then, she might be two or three yards; or four, or five yards; he was about fifteen yards off at the time when she cut the man.

Do you mean to swear that he was fourteen or fifteen yards from the woman, when she cut the man? - Yes, I do.

Then before the watchman came up, did he come nearer her? - I did not mind him, I ran after her, to take her, after I brought the watchman.

What distance was the soldier from Poll Peters at that time? - I cannot say; when she had cut me, she ran away; I said, I will be an evidence.

Did you say in the watch-house that she was not the woman that cut you? - No Sir, I did not.

Prisoner Peters. What time was it in the morning when you was cut? - Between three and four.

Did you take hold of me directly when you was cut? - No, it was you cut the man and cut me besides.

Prisoner Peters. My Prosecutor says, it was this man cut him.

Fitzpatrick. If I had not made away you would have cut my throat, so you would.

PRISONER STEWARD's DEFENCE.

I was very much in liquor.

Court to William Goldburn . When these people were taken up, were they drunk or sober? - To all appearance they were middling, in a middling situation, the man was more in liquor than the girl, to my appearance; the man was so faint, he could say nothing of the robbery till the next day; he was hurried to the hospital, the man was like a dead man when we took him to the watch-house.

Jury. My Lord, the Jury wish to have the woman called into Court, who picked up the knife.

ELIZABETH TURVEY sworn.

Were you in Wingfield-street on the 9th of August, in the morning? - Yes.

Do you remember the prisoners being taken up? - Yes.

Where do you live? - I live in George-street.

Who do you live with? - I rented a room of Mrs. Isaacs then, in George-street.

What distance from the prisoner Steward? - In the same house.

You lived together? - We did some time.

When the man was taken up, did you see any knife? - No.

Had you been with the prisoner any time before he was taken up? - I was with him in the evening.

How long before he was taken? - I was in company with him, when he was taken up, and all the evening I was with them.

Did you see either of them meddle with any body? - Not at first Sir, but Steward and me were talking together at the bottom of the street, and I heard some man cry out; and I ran up to see what was the matter, and I saw the woman (Peters), cutting a man with a knife; the man and

me were about fifteen yards away from them, when it happened.

Did you see her drop any knife? - I did not.

What distance were you from them when they were taken up? - I was close alongside of him.

Did you interfere or meddle at all? - I did not, I was taken to the watch house with them, but let out again, because I had nothing to do with it.

You and the prisoners had been all in company drinking together? - Yes in the beginning of the evening.

How came you to have parted? - We were going home to bed, she was going the other way.

And the cry brought you back? - I ran up to see what was the matter, and I saw the man bleeding, and she cutting him, and the other man ran up to her, and asked her would she kill the man? and she said she would serve him the same; and he went to go away, and she ran after him, and cut him down the lip.

Do you know the man that was cut? - Yes Sir, I know him when I see him, but I do not know his name, I never heard his name.

Did you see his face so plain as to know him again! - Yes.

Do you see him now? - Yes, this is the same man (looks at the Prosecutor).

Court to Prosecutor. Upon your oath, was you in the street with Mary Barnes at twelve o'clock? - No, upon my word I was not.

Was you any time that night in the street with Mary Barnes ? - No, I do not recollect that I know who the woman is from Adam.

Were you with any woman that you picked up, or that picked you up that night? - I do not recollect that ever I spent half an hour with any woman in the street that night.

But was you out in the street that night from twelve when you went in, before you went out, for the pot of beer? - No, I was not, I did not go out after I went in at twelve, till I went for the pot of beer.

Jury. You are positive of that? - Yes.

Court. Did you ever find your handkerchief again? - No.

To Alice Tanner . Did Dowd leave you after your husband went to bed, before he went for the pot of beer? - No Sir, he did not, I am positive of that before he went for the pot of beer.

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

CAMEL DELAP STEWARD, MARY PETERS,

GUILTY , Death .

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

Reference Number: t17890909-53

626. MARY LOVELL was indicted for stealing, on the 30th of August last, one black silk cloak, value 7 s. the property of Hannah Bushnell , spinster .

HANNAH BUSHNELL sworn.

I lost a black silk cloak, last Sunday was a fortnight, from No. 1, Red-lion Court ; I was at a wedding, making merry; I was in the house at this time; I left it in the room, where I was sitting, in the kitchen, that was some time in the afternoon, but just to the time I cannot speak.

JOHN TURNER sworn.

I live in Long-alley, I had a warrant against the prisoner, for stealing this cloak; I took her in Shoreditch last Monday fortnight; I took it out of her hand, and told her I had a warrant against her; she said it was her cloak; I kept the cloak ever since.

(Produced and deposed to.)

There was no change of cloaks, the prisoner had a red one on when she came.

Prisoner. This was my mother's cloak.

James Gilligan , a pot boy, saw the prisoner

take a black cloak off a nail, and go out of doors, and come back with it.

GUILTY .

Imprisoned six months .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17890909-54

627. JOHN LEVING was indicted for stealing divers goods , the property of Robert Cross .

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17890909-55

628. SARAH GARLAND and ANN CORBETT were indicted for stealing, on the 19th day of July last, 9 s. and one half crown , the monies of James Temple .

JAMES TEMPLE sworn.

I am a shoe-maker ; a single man; on the 19th of July, between twelve and one, I was going home; I was quite sober; the prisoner Garland laid hold of my arm; but making no alarm, Ann Corbett came up to her assistance; and kept feeling my breeches pocket, to feel if I had got any money; she had her hand in my pocket; when I found they intended to rob me, I put my hand in my pocket; Garland tickled my ribs so, that I pulled my hand out, and left the money in my pocket; and Corbett immediately put her hand in my pocket, and took out nine shillings, and half a crown, which I saw in her hand; and I saw her give it to Garland; and I saw her put it in her left hand pocket: when they were taken, the officer would not let me see him search them.

Mr. Knapp, Prisoner's Counsel. Was it dark? - Not remarkably dark; it was light enough to see my money in her hand.

Had you been drinking? - I and another had drank a pot of beer; I supped at his house; I had a watch, but did not lose that; the officer would not let me see him search them.

WILLIAM JACKSON sworn.

I am constable; the prosecutor brought the two women into the watch-house, and gave charge of them, for robbing him of nine shillings and half a crown; I searched them, and found nothing upon them.

Court. Why did not you let the prosecutor see you search them? - I thought as he was a single man, it was not decent for him to be there.

The prisoner Garland called one witness who gave her a good character.

BOTH GUILTY .

Imprisoned for six months .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17890909-56

629. WILLIAM GOSTICK was indicted for stealing, on the 16th of August last, seven iron hoops for butts, value 4 s. and twenty five pieces of other iron hoops for butts, value 10 s. the property of John Calvert and others.

JOHN NEWMAN sworn.

I am a peace officer of the City; on the 16th of August, on Sunday morning, I saw the prisoner on the ruins in Grub-street, with a bag on his shoulder; when he saw me, he ran down Baptist-head-alley, and threw the bag down; and returned back, and ran towards the brew-house; I got up near him; he was about twenty yards before me; I knew him before; I jumped over the bag and took him; I said, is this Gostick? he said yes, and hoped I would forgive him, for he was only going to make a parish grate; I took him back to the brew-house, and the hoops to my house.

JOHN NEGUS sworn.

When I saw him, he desired Newman and I would let him go back to the brew-house, to make every thing fast, before we took him into the Compter; we went to the place where the hoops were taken from, and locked the door; then we went to the brew-house, and looked round that; he locked the door; and he put the keys in the watch-house, with my brother Negus; then we took him to the watch-house.

WILLIAM NEGUS sworn.

I am cooper at the brew-house; I was ordered to cut some hoops for the bricklayers, for the use of the work then going on, in building a new copper in the brew-house.

JOHN OVERY sworn.

I am horse keeper at the same brew-house; I went into the watch-house about eleven at night, and saw the prisoner there; about three, after being asleep, the prisoner said he was dry, and went to get some small beer; and I saw no more of him.

- BEADMORE sworn.

I am cooper to Mess. Calvert and Co. at eight in the evening, it is his business to take the keys, and lock up the gates, after all the drays are in.

(The hoops produced and deposed to by Mr. Overy.)

PRISONER's DEFENCE.

I cried the hour of four in the morning; and going down Baptist-head alley; and going over the rubbish in Grub-street, I saw the bag lay, and I picked it up; and was taking it home to make a parish grate: I then had two children down with the small pox; I know not how the bag came there; that morning the fire happened at the brew-house.

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

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. Justice WILSON.

Reference Number: t17890909-57

630. THOMAS COOPER was indicted for stealing, on the 30th of August last, four planes, value 4 s. and several other carpenters tools , the property of Thomas Cooper and William Matthews .

WILLIAM MATTHEWS sworn.

I live in Portland-place ; I am a carpenter , in partnership with Thomas Cooper ; on the 30th of last, August, I took the prisoner up two pair of stairs in the house, between eleven and twelve at noon; my wife and me live up in the garret of the new building; my wife said to me, William, there is somebody coming up stairs; I looked down the stair-case, and I saw the prisoner coming up stairs; he immediately went, and escaped on the water-closet, in the first pair of stairs; down a party-wall, into a landry of the next house; I opened my stable door, and saw him go into a coach-house; I asked him what he wanted? he said he wanted a sleep; then he said he wanted to do his occasions; then he ran down Weymouth-street, into a green-grocer's shop; there I took him with his arm on the counter: Dalton took him to Mr. Watson's house; there they searched him, and took him to the watch-house.

Mr. Knapp, Prisoner's Counsel. It is not your house? - No, it is Mr. Gibson's house; I work there, and I sleep there; nay, I live there entirely; I am servant to Mr. Gibson.

Court. You never saw the man before? - I never did; I never lost sight of him, till he went into the coach-house.

THOMAS COOPER sworn.

I put my tools by on Saturday night; when I came on Monday to work, I found my tools had been moved from where I had put them, to the bench; I had put some in the coachman's room; and some under the bench which stood in the hay-loft; the things lost are the joint property of me and William Matthews .

THOMAS DALTON sworn.

I am constable; I heard stop thief cried; I pursued him into Weymouth-street, to a green-grocer's shop; I took him, and searched him; and found a box key; I asked him where he lodged? he said at No. 17, King-street, Seven Dials; I went there, and they told me he did not lodge there; I asked them, has he any box here? they said he had not; I asked if he had anything that this key would open; then they brought me a small trunk, which the key opened; and in the trunk I found a number of duplicates for carpenters tools; that was all I found.

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

NOT GUILTY .

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

Reference Number: t17890909-58

631. WILLIAM LAYTON was indicted for feloniously stealing, on the 17th of August last, a weather sheep, value 20 s. the property of Robert French .

ROBERT FRENCH sworn.

I am a butcher in Rathbone-place; in Charlotte-street; I lost a sheep; I was in the country at the time.

GEORGE CLARKE sworn.

I am a butcher; on the 17th of August, on a Monday, the prisoner at the bar came to my shop in the afternoon; he told me he had the misfortune to have a sheep returned upon his hands by his master; and that his master had stopped his wages; the sheep had been lost two days; and begged my boy might kill the sheep; I gave him leave; and he brought the sheep at seven in the evening, with three others; and my boy killed the sheep; I saw it the next morning; and seeing it was so good a sheep, I thought no person would return it upon his hands; at nine the next morning, he came to ask if it was killed; I asked him whose sheep it was? he told me Mr. French had returned it upon his hands; he afterwards asked me to let my boy kill one of the ewes? I told him he should not, and desired him to take them away; he told me his master had bought a score of sheep; and that he had twenty-one; I went to Mr. French's, to inform him I had a sheep that was killed last night; and would be glad he would send somebody to look at it; he was out of town; but one of his men came and looked at it, who swore it was his master's sheep; he knew it by a mark I. C.; and marked down the rump with oker; the prisoner came in the afternoon, to know if I had sold the sheep; I told him it was sold; but desired him to stay a little; mean while, I sent for a constable, and he was mitted.

GEORGE COLLINS sworn.

I am servant to Mr. Clarke; on Monday, August the 17th, the prisoner brought the sheep with three others; he told me the weather was the sheep I was to kill; I asked him who the other three sheep belonged to? he said he wanted them to stay there that night, in the morning, he wanted to have one of the three killed; my master would not let me.

JOHN DEALY sworn.

I am a butcher; George Clarke came up to our house, to ask if we had lost a sheep? I told him no, not that I knew of; but when my master came home, he found he had lost one; I then went to Mr. Clarke's, and saw the skin, then I knew it was Mr. French's sheep; it was marked I. C.; the prisoner is drover to my master; he drives all our sheep to the cricket ground in Padington; and comes early in the morning, to know what we want fetched up for that day; then he goes and fetches them.

WILLIAM COOKE sworn.

I am constable; Mr. Clarke came to me on the 18th of last month, and gave charge

of the prisoner; and I took him up for sheep stealing.

French. I came home about ten days after this affair happened; I found I had lost a sheep; Dealy kills all my sheep; but Clark's man killed this weather sheep while I was in the country.

Court. Did you give the prisoner any orders to setch up any sheep? - I did not, nor any body on my account, on that day; I have known him and his father ten years; and always bore an excellent character.

PRISONER's DEFENCE.

On Thursday, before my master went out of Town, I went in the field to count his stock, and found all right, having lost one of Mr. Tanner's; and, therefore, there was one above the number in the field; I thought I had a right to it, as I was paying Mr. Tanner weekly for the one I lost; this sheep had ran in the ground for three months before I had it killed.

THOMAS KING sworn.

I live in St. George's market; he is a very honest man; I would be glad to employ him if discharged.

WILLIAM ELMES sworn.

I live in St. George's market; I have known him one year, a very honest young man.

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

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17890909-59

616. ROBERT JONES , alias SAMUEL SAY , was indicted for feloniously stealing, on the 20th of August last, one wooden trunk covered with skin, value 10 s. six linen shirts, value 3 l. the property of Josiah Spode .

JOSIAH SPODE sworn.

I live in Fore-street; I lost the things in the indictment, on Thursday evening, the 20th of August, near eleven, near St. Paul's-church-yard ; there was this trunk and another strapped on before the chaise; I was in the chaise at the time; and while I was coming to town, there had been a fire at Mr. Brown's, which took my attention; I saw it about twenty yards before; I jumped out of the window; I could not open the door; I ran, and met a hackney-coach following my chaise, with a gentleman in it, half asleep; when I came up to the horses heads, the coachman called out, this is your thief! your prisoner! he has just thrown in this trunk, and jumped up to the seat with me; the prisoner was in hearing, but made no answer; after that, I saw the portmanteau; and I seized the prisoner by the collar, and dragged him down to the pavement; we had a violent struggle; after many attempts, I held him fast; no watchman came; at last, Mr. Hoppy, who keeps a shoe-warehouse, threw up the sash, and let off a rattle; then the watchmen came, and I delivered him up into their hands; there was property in the trunk to the amount of six or seven pounds; I saw it carried to a neighbour's house for security; I sent for it the next morning by one of my servants; it was all safe; including the things in the indictment; I have had the trunk three or four years; I can swear it to be mine; I first examined the property the next morning at my own house; I had a list of the articles that were in it; and they exactly corresponded; there were one hundred and twenty-two guineas in gold; and bills of exchange; and a deal of linen; I saw the prisoner afterwards at the watch-house, and swore to him.

ROBERT MOORE sworn.

I am a coachman; I was in Oxford-road at past eleven o'clock, on the 20th of August last, plying for hire; two gentlemen called me; I put them into the coach, and they ordered me to go to the Temple-gate,

opposite Chancery-lane; one gentleman ordered me to go to Tower-street; and as I was going round St. Paul's-church-yard, it was half past eleven; and a man about twenty yards from the end of Watling-street, meets me, and says, stop coachman, d - n you, why do not you stop coachman; he said so two or three times; at last, I pulled my horses in; the man came from Watling-street way; he chucks the trunk up before me, on the top of a shut-down boot, and jumped on the box himself; I went on, and there stood the chaise; and I called halloo, post-chaise boy, here is your trunk, and the man that has it; when he stopped me, I saw no post-chaise; the post chaise was just at the turning at the end of Watling-street, going into Cheap-side, when I came up; I was going along Watling-street; the chaise was in the church-yard; and I stopped my horses as soon as I came up to him; I told him there was his trunk, and the man that had it.

Is the prisoner the man that was on the box with you? - I cannot tell; it was a dark night, and the horses would not stand still; I delivered the man to the watchman, when he came up; I had no opportunity to take any notice of the man; I believe the gentleman himself came up and took the trunk.

JOSEPH NEWELL sworn.

I am a watchman of Castle-baynard ward; I did not see the trunk taken; but I took the man in charge from Mr. Spode, who had taken the trunk; the prisoner was the man that was charged with taking the trunk; I can swear to him; I lodged him safe in the watch-house; and conducted him to the Compter afterwards.

JAMES STEVENS sworn.

I heard a rattle, and I ran after it; when I came to it, this brother watchman had the prisoner fast by the collar; that was that gentleman at the bar; and the gentleman was bringing the portmanteau away from the coach to the house; we took the prisoner to the watch-house.

Court to Prosecutor. Are you sure that is the man that you delivered to the watchman? - I am; and I can positively swear that every word the coachman has uttered, is false; he says he stopped and called to the post-chaise boy, when I jumped out of the post-chaise; when I ran back, I met the coach a dozen yards or more behind my post-chaise; and the coachman had never uttered a word; I ran for the space of a dozen yards rather than where the coach was at the time; the coach was going on at the same time; I ran back and opened the coach door; at the same time, my chaise was a hundred yards off this side the china shop, the corner of Watling-street; which was as near as I can guess, directly opposite to where the fire was at Mr. Brown's; his coach was behind me, I fancy, a dozen or fifteen yards; it was not near Watling-street, in the manner he describes, by fifteen yards; it was four or five yards behind my chaise at the time; I opened the coach door; and after I had opened the coach door, and ran to the horses heads, the coachman stopped, and not till then; the coachman further says, he delivered him to the watchman; I positively swear I had him in my arms for the space of a minute or two, before any body came near me; and it was with difficulty that I could get any body to come near me; at first I had him by the collar with one hand, bringing my trunk, begging somebody to help me; then I called out for help; and Mr. Hoppy threw up the window at the time; then the watchman came after that, hearing the rattle.

Newell. I can swear I received the prisoner out of Mr. Spode's hands, and not out of the coachman's.

PRISONER's DEFENCE.

I have my master here, John Patchell ; going round St. Paul's-church-yard, I saw this man going along; and a post-chaise

before it; and this man was saying post-boy! post-boy! what have you lost; here is a trunk; and the gentleman ran up, and caught hold of me; and the trunk was pulled out of the coachman's boot; I know nothing of it; I think other people lies more liable to be answerable for the box than I was.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17890909-60

617. JOSEPH HOLE alias HOARE was indicted for feloniously breaking and entering the dwelling house of Joseph Harris , no person being therein, about two in afternoon, on the 10th of August last, and feloniously stealing therein, two cloth coats, value 20 s. two shag waistcoats, value 10 s. a scarlet cloth coat, value 12 s. his property .

JOSEPH HARRIS sworn.

I am a labourer , I have a wife and two children; on Monday the 10th of August, I left my house at six in the morning; and my wife came about eight, and left one of my children, at a neighbour's house, at nurse and the other went to work; I found a ladder raised up against my window; I walked up to the window, and found a glass broke in the window, where somebody had gone in and opened it; I went down the ladder again, and heard a great noise in the room, and I called to my neighbour, (Mr. Read) and he came to me; we both went to the ladder again, and we looked up at the windows, and saw this prisoner in the room, then we took the ladder away from the window, unlocked the door, and went into the house, and both of us went up stairs together, and there was a room door broke open that we slept in.

When the window was open could any body get in? - Yes, there was room enough for me to get in, one of the windows was taken out, and the casement opened, when we came into the room, we found the chest broke open, and the clothes taken out, and put on the floor; (Repeats the things) we looked about that room; and could not find him, and in another room we found the prisoner, hid under the bed; (The things produced and deposed to). Mr. Read has the things.

JOSEPH READ sworn.

I am a neighbour to Mr. Harris; he asked me, about two on Monday, the 10th of August, to assist him, to go to his house; I went and saw the ladder set against the window, we went and stood under the foot of the window, and the prisoner was bobbing about in the room, so I desired him to let the ladder down; I pulled the ladder away and went up stairs, and there was a hatchet laid on the bed, and the things taken out and laid on the floor; these are the things; (deposed to), I went into the next room, and came into another room; and I could not perceive any body, I had a fork, and I searched under the bed; I stuck the fork into his waistcoat, and he hallooed out; and said he would come out; he did not make any resistance.

MARY HARRIS sworn.

I am wife of Joseph Harris , my husband and me went a reaping on Monday the 10th of August, I made every place fast entirely, the window of the chamber, where the ladder was, I fastened all safe, and the window was whole every where; this is my cloak, the coat and waistcoat belongs to the young man that lodged with me, they were in our custody, the cloak is worth about half a guinea, it is almost new.

PRISONER's DEFENCE.

I was keeping sheep for a master just by, he had lost sheep; I met with a couple of men, they asked me if I would go, I told them yes; he said young fellow this ladder is here, he said you shall have shares go up this ladder, he followed me just afterwards, and swore at me greatly, and pulled out a great knife against me, and took and

tied my hands, and brought me to the house, and tied a great handkerchief before my mouth, and the other made a great oath, and said if he will not come, make him come; the one shoved me part up, and the other pulled me in, and made a noise, some people came about the house, and they came and got the handkerchief clean off, and I tried to get away; and I got under the bed.

GUILTY, 4 s .

Imprisoned twelve months .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17890909-61

618. JOHN WRIGHT , and WILLIAM CHARLTON , otherwise CHARRINGTON , were indicted for feloniously assaulting William Javoux , on the king's highway, on the 5th of August last, putting him in fear and danger of his life, and feloniously taking from his person and against his will nine shillings and six-pence in monies numbered, his property .

(The witnesses examined separate.)

WILLIAM JAVOUX sworn.

I am a gentleman's servant , I was robbed the 5th of August, between eight and nine in the evening; between Islington and Ball's-pond , behind the carriage; there were company in the carriage, coming from Epping Forest, the carriage was stopped by three or four footpads, but I was first pulled off the carriage, I do not know exactly whether there were three or four, they were running about; the footpads pulled me from the carriage, and ran to the carriage, and robbed it; then Charrington put a pistol to my breast; he made no demand, only put a pistol to my breast, and I gave him 9 s. 6 d. then the prisoner Wright ordered the coachman to go on, and kept me in the highway, about two minutes; I was obliged to run after the carriage; then they went away to go to Ball's-pond; I saw no more of them, there were three or four all went the same way; this might take up about seven or eight minutes, it was a little dark, it was light enough to discover a man's countenance and face, very well, I was rather frightened.

Can you be quite sure that these are two of the men that stopped the carriage, and robbed you? - Yes, I am quite sure; I never saw them before, I saw them again the 9th of September: We gave an alarm at every turnpike, and to the gentlemen and carriages we met in the way; we took no steps to apprehend them, but I was sent for to see them at a public-house, near Sir Sampson Wright's, I went over the way to see if there was any body I knew, I went into the tap-room, and I saw nobody there that I knew, the patrols were with me; they came in a hackney coach, and I was called from the public-house, to Sir Sampson Wright's, I did not see them at the public house at all; some of Sir Sampson Wright's men, pointed to the prisoners, and asked me if they were the people, and I said they were two of them; when I saw them, there were three men; I was sure the prisoners were two of the men; I could not swear to the third, and I said so at that time; I observed Charrington's face, and Wright went by the side of me to look at me, to see if I had any arms, that could make any resistance, and then I observed him go to the horses.

Mr. Garrow. You are a foreigner? - Yes, been in England two years, I am servant to the Marquis D'Haulefort; the Marquis and a lady were in the carriage, I saw the people go to the carriage, but I did not see the things taken.

The Marquis is not here, nor the lady? - No.

Was the Marquis at Sir Sampson Wrights? - No, not since he came from the country, not since the people were taken, he went there soon after the robbery, the lady has been there; the lady is not here; the coachman is here.

Perhaps you may have heard, that in this country, there is a reward for taking up these people, and prosecuting them? -

A reward; I have heard since I swore to them, that there is a reward, if they were found guilty.

Who told you? - Some of the people at the public house, and I heard it at Bow-street.

However, it was not till after you had swore to these men? - It was not; I did not swear to the third, because I was not sure.

There were three put to the bar? - Yes.

Besides being put to the bar, and shewed to you as the men, I take it for granted they had irons on their legs? - They had.

You was a good deal frightened? - I never was robbed before; I was frightened when I saw the pistol to my breast certainly.

You know the lives of these two people are at stake on your evidence? - Yes.

Do you mean still to say they are the persons? - I am sure of it.

Prisoner Wright. Sir Sampson asked him, what he could swear to me by, he said by the colour of the coat, and said I ran up to the horses heads? - I said I swore to him, that he was gone before me, and he looked at me, and then he ran at the horses; I looked to his face, and to his coat, he had a green, or dark coloured coat, and light coloured great coat.

Did you not at first, when you saw these men at Bow-street, speak doubtful of them? - Yes.

Prisoner Wright. My Lord, at the first examination, he said he did not know whether we were the people or not? - I did not.

In the office Mr. Macmanus said, you have no occasion to make any doubt of it, for they are the men; and if you will stick to it, you will do them? - He never said any thing like it.

MOSES LIDIARD sworn.

I was coachman to the Marquis, on the 5th of August, we were stopped between Ball's pond and the lower road of Islington, about nine, it was dusk; they ordered me to take off my hat, and put before my face; there was one man stopped me, the others robbed the carriage; when they had robbed the Marquis of his gold watch, and upwards of nine guineas, he called out to the others to know if they had his watch and his money, and he said he had, and then they told me to go on; I put my hat before my face immediately; he put his hand to his breast pocket, and swore he would blow my brains out; I should not know any of the men: they were with us but two or three minutes, not longer.

JAMES MACMANUS sworn.

I am a patrol, I am out every night; on the 5th of September, on Saturday night, we apprehended the prisoners; I found a loaded pistol and cutlass on the man I secured, that was the prisoner Wright, and a false tail, but nothing concerning this robbery; there was a pistol and cutlass found on Charington.

PRISONER WRIGHT's DEFENCE.

Charington and me living neighbours together, went to turn up a pigeon near Hornsey Wood, and we saw three men in a ditch, and they went away, and we went there, and found these things.

PRISONER CHARINGTON.

I have nothing to say; I leave it to my Counsel.

The prisoner Charrington called nine witnesses, who gave him a very good character; and one of them, who was his mistress, Ann Walker , said, she believed he slept at home the night of the robbery; and generally went to bed at ten.

JOHN WRIGHT , WILLIAM CHARLTON , alias CHARRINGTON

GUILTY , Death .

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

Reference Number: t17890909-62

635. STEPHEN TURPIN was indicted for stealing, on the 12th of August last, three half guineas, thirty-nine half

crowns, and 4 s. the property of Charles Charlesworth , in his dwelling house .

CHARLES CHARLESWORTH sworn.

I live at No. 124, High-Holborn , the prisoner was servant to me, on the 12th of August the other witness informed me the prisoner had taken some money of mine; I charged a constable with him, I went and searched his box, and he produced me a purse which contained thirty-four or thirty-five half crowns; I said, that was mine, I asked him if that was all he had? he said it was all; I then asked him what he had in his pocket? he produced three half-guineas, four or five half-crowns, and four shillings in silver; I then said to him, is this all that you have of mine? he said that it was all that he had of mine; I did not know there was any missing.

Mr. Garrow, Prisoner's Counsel. How long did he live with you? - Seven weeks.

You made him no promise, or threat? - None, I discharged him after searching his box.

CHARLES CHARLESWORTH , jun. sworn.

I am nephew to the last witness; on the 12th of August, I saw the prisoner serve a customer in the shop, and he took some money, and went towards the till, and put some money in the till; on coming from the till he put some in his coat pocket, he then served another customer, and acted as before, only putting part of it in his waistcoat pocket, and I heard it chink.

THOMAS SMITH sworn.

I have known him five or six years, he always bore a very good character.

SAMUEL PLIMTON sworn.

I have known him twelve years, he is a very honest man.

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

GUILTY, of stealing, 39 s .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17890909-63

636. THOMAS COUX was indicted for stealing, on the 6th of June last, five gallons of rum, value 20 s. a five gallon keg, value 1 s. the property of Messrs . Langdale, and Co .

(The indictment opened by Mr. Garrow.)

THOMAS SMITH sworn.

I am carman to Messrs Langdale and Co. Holborn; on Saturday the 6th of June, I went out with goods in the cart; when I got to Goswell-street Turnpike , I had two-pence in my left hand, which the prisoner took, and I took the ticket with my right hand, and going to my horses I saw the feet and legs of a man at the tail of the cart; I went back from my horses, and saw Coux raise a five gallon cask, and take it to the toll-house, there was no body near the turnpike at that time; my horses were going on, I saw a man about twenty yards, and called him to stop my horses, I then pursued him to the Toll-house, and there I saw the five gallon cask of rum, there was the prisoner and Williams, and four or five others about the cask, they were drinking, I said, what a d - d villain you must be, to rob my cart, at this time of day? they said take your cask, it is done only in fun; I said, I sha'n't touch it, I know where to find it; Williams took the cask and turned it out into the road; upon which I took it, and put it into my cart; and said my master will make you suffer for this.

Prisoner's Counsel. Did not Williams say, don't be obstinate, pay your toll? - I never paid no money after I paid the twopence to Coux, I never took any money out of my pocket, after I paid the two pence.

Did this man come voluntarily to the office? - I don't know, he came in a coach.

RICHARD FISH sworn.

I am a labouring man, I was within twenty-five yards of the toll-gate, the cart coming on, I believe the man paid the toll; I believe I saw Coux raise the cask and put it before him, and carry it into the toll house; if there had been any dispute I must have heard it; I saw the carman put out his hand to pay.

THOMAS LANGDALE , jun. sworn.

Smith is our carman, and has lived with us between six and seven years; I applied for a warrant, and Coux was sent for and brought to the office and committed.

PRISONER's DEFENCE.

The prosecutor came to the gate, I demanded two-pence for the toll, he said it was an imposition, and would only pay one penny, and dropped it on the ground.

JOHN WILLIAMS sworn.

I am a butcher, I was at Goswell-street toll-gate; Coux says, Williams, I have a pot of beer, will you drink; just at the time, the prosecutor came up with his cart, and Coux went to demand his toll; the man said it was an imposition, and would pay only one penny; Coux then took the cask out of the cart; there was a mob round the gate, and a gentleman's carriage came up at the time, and ordered the cart to be drove away; I live along with my father, who is a tripeman, in Field-lane.

Mr. Garrow. Did any man say, take the cask, it is only done in fun? - I did not hear it.

Did not you hear Coux say, that Messrs. Langdale might kiss his a - e and you too? - I did not.

How long have you been turned off from the toll gate? - Seven weeks.

For getting drunk? - I had drank too much.

GEORGE COX sworn.

I am a publican, and took a pot of beer to the toll gate; there were words ensued about the toll, and the prisoner took the cask out of the cart, and brought it into the turnpike-house, and the last witness said you had better pay the toll, and have no words; it was about two o'clock, I was just taking the dinner up, with a pot of beer; I saw no money pass, either before, nor after the cask was taken; I heard Williams say, my friend take your cask again, it is only fun; Coux did say, Mr. Langdale might kiss his a - e, and the carman too; the cart stood still at the gate five or six minutes, while he was taking out the cask on the London side of the gate.

JOSEPH BROUGHTON sworn.

I was at the toll gate, and saw the man come up to the gate; there were some words passed, and the toll-man took a cask out of the cart; the carman came up to the toll-house, and more words ensued; and Williams said take your cask and pay your toll; Coux said Mr. Langdale may kiss my a - e.

JAMES CARTER sworn.

I am trustee to the toll gates, the prisoner has been employed at the gates by me, ten years; I have entrusted him with large sums.

JOHN LUCAS sworn.

I have known the prisoner three years, he has been employed for me in the business; I always found him very honest.

CHARLES COOPER sworn.

I have known him twelve years; he always behaved very honest.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17890909-64

637. JOHN GATES was indicted for stealing, on the 15th of August last, 112 lb. of whale-bone, value 4 l. 10 s. the property of Thomas Archer Simpkins .

THOMAS ARCHER SIMPKINS sworn.

I am a lighterman , I live in Seething-lane, Tower-street; the prisoner is my apprentice ; I sent him in the morning of the 15th of August, to fetch five bundles of whale-bone from Greenland-dock, to go on board a vessel, at the Yarmouth pier, off the Custom-house; the whale-bone belonged to James Casenneuve and Co. who employed me to carry this whale-bone, from Greenland-dock to the ship, I sent nobody with him.

THOMAS STRICKLAND sworn.

I am wharfinger at Greenland-dock, I saw five bundles of whale-bone put into the boat by my people, on the 15th of August before dinner; but I am not positive to the time; my orders were to deliver five bundles of whalebone; Messrs. Lucas and Spence were the original proprietors; but Messrs. Casenneuve and Co gave me orders to deliver it to the lighterman; he went afloat from the dock; I am positive to him.

JOHN TAYLOR sworn.

I am a waiting waterman at Tower-wharf; about six weeks ago, I was rowing from pickle herring-stairs, a-stern on the second tier; and one William Rankin bid me get an old boat and follow him, and in a luggage boat, where this William Rankin was, there was some matted luggage; in Rogers's road; I thought it was stock-fish; I asked him to let me have a good one; I walked inside the craft, and he on the outside; I carried the boat to him, I first met with the lug astern, across the second tier; I walked across the craft, and he called me, and gave me some whalebone into the boat, and he says, row ashore at Crows-nest wharf; he takes a porter and puts this into a sack; he says to me, if you will go up to Steele's I will come to you; I said, no, I will go to Browne's; he came in and gave me 3 s. 6 d. I thanked him: Rankin was in the luggage boat, when he first called to me; and there was also, apparently to me, Mr. Simpkins's servant; that is the young man at the bar, and I am very sorry to see him here; it was about an hour and a half, I thought myself greatly paid, the lad went away with the luggage boat, after this was taken out of her; I do not know how many pieces there were; on last Saturday was three weeks, I was standing at Tower-wharf-place; and William Rankin came to me and asked me when the tide would ebb, says he I will ensure you 4 s. or 5 s. I rowed him down to Deptford, I made the boat fast; we had two or three pots of porter and some bread and cheese, this was about twelve or one in the day, he came out, and said follow me up the reach; he went up in the luggage boat, I followed him in twenty minutes, I boarded him twice, and he said not yet, I will call you when I want you; he rowed this luggage boat to Mr. Saunders's road, Wapping; I went along side of him, and he gave me some bone in the boat, and bid me row up to St. Catherine's; the prisoner was in the luggage boat with Rankin; we landed the bone, and he called two porters to take it away, he says to me you go with the porter, and this Will Rankin and a stout lusty man was wrangling about some money; then I came to my own boat; I do not know what became of the prisoner; I parted with him at Wapping; when Rankin took the whalebone out of the luggage boat, I only saw the long matted parcels.

MICHAEL FOREMAN sworn.

At five, the 15th of August, I was coming up facing the King's mill, from Ratcliff-cross, and I saw this lug boat coming up, the prisoner was rowing the boat up, and he had another person, whose name I do not know; I saw the other person, in the stern of the boat, the prisoner was forward; I saw the other person draw out a quantity of bone; I rowed up on board of a ship at Cherry-gardens, and then I was rowing home, and at the head of Union-stairs tier, I saw the lug boat shoot in; the person in the stern, whose name I do not know, lifted the bone out into the wherry,

whose wherry it was I cannot say, there I saw the lug-boat and nobody in it but the prisoner; I went to the custom-house, and left information to a Mr. Simpkins, and he came, and I told him the whole.

Court to Strickland. What quantity of whalebone did you put into this boat? - About fifty-hundred.

Court to Foreman. Could the man who was in the stern of the boat, have taken these things out without the other knowing it? - I saw the prisoner go aft to the other man.

SAMUEL HODGSON sworn.

On the twenty-ninth of June, I attended at Greenland-dock; and saw weighed 51 cwt. 2 qrs. and 17 lb. of whale fins, which were sold to Cassenneuve and Co.

WILLIAM WHITWORTH sworn.

I weighed these five bales of whale-bone, and set them down 50 cwt. 2 qrs. 15 lb.

Court to Foreman. Could you tell any thing of the worth of this whalebone? - No, I could not, but I think it was a hundred weight.

What is an hundred weight of whalebone worth? - About 4 l.

PRISONER's DEFENCE.

I was asleep, and knew nothing of it.

GUILTY . (Aged sixteen.)

Transported for seven years .

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

Reference Number: t17890909-65

638. HENRY TODD was indicted for stealing three pair of casimere breeches, value 3 s. two waistcoats, value 2 s. two ditto, value 3 s. three shirts, value 3 s. one yard of muslin, value 4 s. and one check bag, value 6 d. the property of Susannah Bliss , spinster .

SUSANNAH BLISS sworn.

I lived at No. 20, Liquor-pond-street , when I was robbed, which was eight weeks ago, last Wednesday; one Henry Todd came and knocked at my door; I knew him about three weeks before Christmas; he was a lawyer's clerk, he arrested a man that I lived with; I was unfortunate enough to leave my service, and take in washing; and live with a man, my husband as I called him; the watchman called three, when the prisoner knocked at my door; says I, who is there? Todd, says he; says I, what in the name of fortune has brought you here so soon? and he said, Mrs. Barnes (that was the name of the man I lived with); that man has left you, and is in keeping with a girl; for said he, I was coming from my club last night, and I saw him; he is at Mr. Brooke's or Breary's; I was dressed, waiting for Barnes, to see if he would come; so I said, come along Mr. Todd, I will go directly; and we went to Mr. Brooke's, the hair-dresser in Southampton-buildings; Barnes was not there; when I went down stairs, I locked the door, and put the key in my pocket; and the prisoner went before me; and he asked me what time I should return; he turned towards Hatton-garden; I went home a quarter before eight in the morning; I roved about every where to see for Barnes; when I got home, I found the door hanging on the bottom hinge; and the lock broken open; and the top hinge broke; and my boxes were broken open; and I missed the things in the indictment; part of which were my own; and part intrusted with me; and which I am accountable for; I gave information of the robbery at justice Walker's office; and about four the same afternoon, I heard of my things.

Mr. Garrow, Prisoner's Counsel. This man was a bit of a favourite, was not he? - No, nothing more between him and me, than between your honour and me.

You had had a bit of a quarrel with this Mr. Todd? - Yes.

That was just before the robbery took place? - Just three weeks ago.

You was obliged to pawn the things now and then? - Well, what then.

Has not Todd carried things for you? - No, never; that I swear before your Majesty.

Did not you desire the prisoner to pawn these very things? - No, I did not.

How many names have you gone by? - Never by any but Bliss and Barnes.

Was not this man clerk to Serjeant Bolton? - I do not know; only Barnes told me he was clerk to a gentleman, I have washed and ironed at the Pilgrim in Holborn.

JACOB FREEMAN sworn.

I am a headborough of St. Giles's; I only took the prisoner with this property; that is all I know; I believe it was the 17th of July.

Mr. Garrow. Do you know much of this woman? - I cannot say much about her character; I have heard she uses the Pilgrim; we took two or three housebreakers out of that house the other day.

WILLIAM BARRETT sworn.

I live in Little Turnstile, Holborn; I am a broker; on Wednesday morning, I heard the prisoner had committed a robbery; I had known him about seven days; when I returned home, I found him in my shop, with some things in his hand in a bag; I sent for an officer, and detained the prisoner; he seemed very anxious to go; and Mr. Freeman came and took him and the things; he said he had robbed a person; he did not say who; he said before Freeman came, that he had committed a robbery; he said he had stole the goods; and made a laughing matter of it; he said, I know I have stole them.

Did you consider him in earnest when he laughed? - No; I thought he had stole the goods, and turned it off by way of laugh.

Mr. Garrow. Why, did not you understand his confession, as you call it, to be a denial of it? - He turned it off in that sort of way; I considered it as a laughing matter.

SAMUEL LACEY sworn.

I only know the prisoner by purchasing a child's waistcoat of him, some time about the middle of July, between one and two, at a publick-house, the Six Canns in High Holborn, in the tap-room; I cannot say the day, or the day of the month; I live shopman at No. 104, Holborn; I did not ask how he came by it, it was so publickly offered for sale.

(The things deposed to.)

Mr. Garrow to Prosecutrix. Upon your oath, have you never said that you had been threatened by the thief takers, to be sent to Newgate, if you did not prosecute this man? - No; I never said the word thief taker; I said that a gentleman offered me ten guineas, not to come and appear; his name is Thomas White, a Spittlefields weaver.

Do you happen to know a gentleman of the name Cowperthwaite? - I know him by sight; but he called himself Green to me; it was Friday or Saturday; I never told him so; Mr. White told me that Mr. Green would produce any money to save his life; that gentleman (Cowperthwaite) told me the prisoner was to have 700 l.; he had been down to examine an estate for Mr. White; and begged and desired me to save his life; he told me he was Mr. Green's Clerk.

Do you mean to swear that he ever said one syllable to you of the matter? - Yes; he came to me, No. 20, in Liquor-pond-street, before my landlord; and promised me any money, if I would not appear; my landlord is Mr. Martin, a hair dresser; they came to me on the Saturday, that Todd was committed on the Wednesday; this gentleman came to me, and asked me what it was about Todd's robbery, that he had wrote to him; and he asked me whether I would take five guineas to let him out.

Did this gentleman ever make you that offer? - He offered me so much as this here; with proviso that I would not appear against him, he would make up any money; he asked me how it was; I told him which way he robbed me; and he said, if you tell the gentlemen the same, his neck must swing for it; and he deserves it; he said he would make up any money to me, provided I would not appear against him; and that he was clerk to Mr. Green; but in Liquor-pond-street, he passed as Mr. Green; I asked him if he was Mr. Green? and he said, I am Mr. Green; he did upon my word and honour.

Upon your oath? - Yes.

And you never told this gentleman that you had been threatened by the runners? - I told him I was liable to be put in Newgate, if I did not appear.

Court. Do you know this gentleman that sits next to me (Mr. Green)? - No; I do not think that was one of the gentlemen that came in; but I think that gentleman next to him came in: (pointing to Alderman Le Mesurier); that gentlemen, I think, spoke to me out in the passage, but I will not swear to it; it was concerning this subject.

What, did this gentleman talk to you about Todd's having robbed you? - Yes; I will swear that; I recollect his face now; I recollect him speaking to me about Todd's robbery; it was after candle light; I asked him if I could come in? and he said I must bide out; he said nothing more; I never worked at the Pilgrim but one day in my life; I have not been seen in the doors this five years.

PRISONER's DEFENCE.

I am just as innocent as you are yourself; for she actually gave me the things to dispose of for her own use; I disposed of part of them about eight, and gave her three shillings; she said she wanted to be revenged of the man she had lived with.

- GREEN, Esq. sworn.

I am an attorney in Gray's Inn; in the beginning of the year 1783, the prisoner was recommended to me by a gentleman in Lincoln's Inn, as a servant; and that could write; I did not want him then; I took him into my office, and employed him about six months; then he went to my friend's house as a servant; during the time he was in my service, he was very sober and very honest; and I recommended him to my friend as a servant; and he went and lived with him; and some time since that, he has been with Mr. Serjeant Bolton and another gentleman, as a clerk.

Have you ever trusted him with any money? - I cannot say I ever did; he was not that line.

Have you ever conversed with this woman on the subject? - I never had the least conversation with her in my life; Todd wrote me a letter, and said they were to take five guineas for making it up; I sent Cowperthwaite, my clerk; saying, go and enquire into this; if he has been guilty, let him take the consequence; but give him a little money, that he may not want; and in consequence of that, I gave a brief to you.

- COWPERTHWAITE sworn.

Did you ever ask this woman if she would take a sum of money not to appear? - Never; I say that positively; I have been in Mr. Green's office almost eleven years.

Mr. Justice Grose. Mr. Green is a gentleman of undoubted reputation.

Jury. We are satisfied.

NOT GUILTY .

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

Reference Number: t17890909-66

639. HENRY CAPPEN was indicted for feloniously breaking and entering the dwelling house of Thomas Pheasant , about the hour of five in the afternoon, on the 16th of July last; Margaret, his wife,

being therein; and feloniously stealing one silver pepper-box, value 8 s. two tablespoons, value 16 s. six tea-spoons, value 12 s. one silver salt-spoon, value 2 s. a pair of silver sugar-tongs, value 5 s. a silver punch-ladle, value 10 s. a mug, value 6 d. and a mustard-pot, value 5 d. his property .

The witnesses examined separate.

THOMAS PHEASANT sworn.

I live with Mr. Joseph Smith , Castle-street, Long-acre , I am ostler to him; my house is facing the stable-yard; my landlord lives at Lambeth; I pay about 40 l. a year rent; I was feeding my horses at the time of the robbery.

MARGARET PHEASANT sworn.

I am wife of Thomas Pheasant ; on the 16th of July, I left my parlour about a quarter before five, as near as I can guess; I went up stairs and fastened my back parlour door; and fastened my window; I came out at my fore parlour door, and locked it; I went up stairs; my house is a common lodging house; I came down between five and six; I stopped no longer up stairs than while I drank a cup of tea; as I turned on my stairs, I saw my back parlour door open, which I had bolted; I was surprised at it; and I then saw the prisoner come out of my back parlour door, which was open; the back parlour door opened into the passage; I was half way down the one pair of stairs; I asked the prisoner what he wanted, and who he wanted; he made me some answer; I cannot say what: and as he ran along the passage, I heard the spoons rattle in his pocket; and I pursued him; and never lost sight of him till he was taken; I had my left hand on his face, and my right hand on his left hand pocket; I pursued him about two hundred yards; I never saw him before; my pint mug, and all the other things, were in his left hand pocket; I saw them taken out; they are here.

(Produced and deposed to.)

Mr. Garrow, Prisoner's Counsel. I believe you lost some things that you never found since? - Yes; a counterpane and a sheet.

Are you sure you locked your parlour door? - It was bolted within side, and the key inside.

Court. Did you observe in what manner the door had been opened? - I did not.

GEORGE LEE sworn.

I apprehended the prisoner, and found the things on him.

CHARLES ELLIOT sworn.

I assisted in taking the prisoner.

Prisoner. I leave it to my counsel.

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

GUILTY, Of stealing the goods, but not of breaking and entering the house .

Transported for seven years .

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

Reference Number: t17890909-67

640. WILLIAM OLDING was indicted for stealing, on the 10th of August last, a chariot lamp, value 16 s. the property of William Exall .

WILLIAM EXALL sworn.

I am a coach-maker in Welbeck-street ; I lost a chariot lamp on Monday, the 10th of August; I was fixing a pair of lamps on a post-chaise; I left the lamps on the platform, and went to the work-shop, which is facing the front shop, where the chaise stood; and I saw a man peeping into the corner of the shop; I saw him come in; I watched him, and saw him go out of the shop with his hands stuck together; I ran down stairs, and found the lamp was gone; I pursued him one hundred yards, and took him with the lamp in an old dirty apron; going along, he said he was very sorry; he would pay for it; I am sure it is the same lamp; it matches in colour and pattern.

Prisoner. I never was before a justice before; I hope you will take it into consideration.

GUILTY .

Imprisoned six months , and fined one shilling .

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

Reference Number: t17890909-68

641. CHARLES OLIVER was indicted for stealing, on the 21st of August , one cotton gown, value 10 s. 6 d. the property of Elizabeth Hubbard .

ELIZABETH HUBBARD sworn.

On the 21st of August last, I lost my gown out of the front room of my house; I saw it about a quarter before nine; it was a cotton gown with a chintz pattern; I missed it about a quarter before eleven; I enquired about it; and by information, I went to one Mr. Hall's, who pursued the boy; he lives near me on Bethnal-green.

WILLIAM HALL sworn.

On the 21st of August, I was coming down from work; I saw the prisoner walking up the road; and in about ten minutes after, I saw him come running by my house; I pursued him, and cried stop; and the gown was on the ground; I did not see him drop it, though he was in my sight; he was stopped at the top of the street; I brought him back to the gown; a woman took care of it; and I gave him and the gown in charge of the constable.

JOHN OLDFIELD sworn.

I took charge of the prisoner; I saw the prisoner running towards my house;

and just opposite the stall at my door, I saw a woman pick up the gown: Mr. Hall pursued him, and they brought him to me; I did not see him in the act of dropping the gown.

JOHN BOND sworn.

I saw the prisoner drop that gown the corner of Club-row; there were several gathered about it, and I could not see who picked it up.

(The gown deposed to.)

PRISONER's DEFENCE.

I picked up the gown.

The prisoner called one witness to his character.

GUILTY .

Whipped .

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

Reference Number: t17890909-69

642. JOHN MURRAY was indicted for stealing, on the 10th of September , sixty pounds weight of gum, value 5 l. the property of James Bardeau , and others.

JOSEPH CATLIM sworn.

I am one of the king's weighers; I had charge of six serons of gum copald; I had the charge of it on Thursday afternoon; I missed one out of six; it weighed two quarters and eleven pounds; I missed it from the surveyor's office, Custom-house Key ; I pursued the prisoner up Water-lane; and took the prisoner and the bag; and he was charged with a constable; I put a seal on it, that I might know it; and I have brought if here.

- FISHER sworn.

I am a king's weigher; I saw him turn it over, as if to mend it upon his knees; which is usual for the merchants people to do; he was brought back with the bag.

WILLIAM GREEN sworn.

I am a constable on the Keys; I only saw it in the weigher's hands, on Custom-house Key; the prisoner was in custody of the land waiters officer.

Mr. Bardeau. I cannot swear to the bag, only that it was consigned to us, not having seen it.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17890909-70

643. GEORGE COOK was indicted for stealing, on the 20th of August , twenty pounds of sugar, value 6 s. the property of Peter Parnham and Co .

PETER PARNHAM sworn.

I am a gang's-man ; there are six with me; I saw the prisoner come out of Wigan's Key warehouse ; all the sugar in the warehouse was under our care; and we are obliged to make every loss good; he had been stopped by the constable in the warehouse, and a labouring man.

- SMALLETT sworn.

I saw the boy in the warehouse at a hogshead of sugar; and daubed with the sugar; I asked him how he got there? he said he got through a hole; I knew of no hole; and his shoes were all over sugar; we lost to the amount of twenty pounds weight out of two hogsheads of sugar; I found nothing but the sugar in the cloth; a sort of apron that he wore; there was about twenty pounds; then he was taken before the lord mayor.

CHARLES POCOCK sworn.

I produce the sugar; on the 20th of last month, I took it close by the boy, in the warehouse; I have had it every since.

Parnham. This sugar is like the sugar in the hogsheads in the warehouse, that was lost.

GUILTY .

Whipped .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17890909-71

644. WILLIAM COOMBES was indicted for feloniously assaulting William Emerton , on the king's highway, on the 14th of July last, and putting him in fear, and taking 18 s. his property .

WILLIAM EMERTON sworn.

I am retired from business , I live in Fleet-street; on the 14th of July, about one in the day, I had been at the Chapter coffee-house, just by Mr. Newberry's; as the Sols were coming along, I found there was a mob coming along; I stepped back and was hustled by some people, and the prisoner was one; I found my watch was going, I clapped my hand upon my watch, and I saved my watch; then I was shoved up against Mr. Newberry's shutters, and I found my left hand pocket turned inside out, and I looked down on the ground, and saw my money, and a silver pencil, on the ground; the prisoner then struck me against the shutters, and kicked me, and struck me several times, while the others picked up the money, about eighteen or nineteen shillings, and went away towards Cheapside; a man said, you have been robbed; I said I know that; he said, if you have a mind to go, I will go with you; just at the Chapter coffee house, I overtook the prisoner, and he made up the alley, and was putting something into his breeches; he called out go it; and some people that were with him, when taken, beat me very much; I was determined he should not get from me, and by the assistance of the Bridewell beadle, we secured him; he was dressed in a brown coat, nankeen breeches, and strait hair; I saw his face very plain, and am not mistaken about him.

Prisoner. It is a malicious prosecution.

Prosecutor. I am sure he is the man, I wish he was not the man; nothing was found upon him.

JOHN SHERRY sworn.

I am constable; on the 14th of July on a Tuesday, the day the Sols walked, I was walking down Fleet-street ; just turning Newberry's shop, I saw the prisoner kick the prosecutor twice or thrice; the prosecutor and myself followed him till he got in the Alley, I never lost sight of him, we only watched him, we made no alarm; I collared him; his companions said what do you hold the man for, he has done nothing; and tried to get him away, and struck me over the arm, and kicked me about the shins, and so they did the prosecutor, I then tied his hands, and took him to the Counter, and searched him; I found nothing but two knives; the prosecutor said, I'll never leave the scoundrel; I never will.

Prisoner. Did the prosecutor see me take any thing from him? - No, I did not, but he struck me while the others were taking the money from the ground.

GUILTY , Death .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17890909-72

645. CHARLES COOK was indicted for stealing, on the 18th of August , six ounces of thrown silk, value 5 s. the property of Samuel Smith and Charles Smith .

JOHN SMITH sworn.

I am servant to the prosecutors, they are merchants agents at the waterside; on the 18th of August, between three and four this silk was lost from Gally-quay ; I know it to be their silk, by being weighed for them; we house goods for the merchants and are accountable for all goods in our care, we take possession of the goods after they pass the King's Beam; it was

plundered before we could house it, there was missing twenty skains of thrown silk.

JOHN ALEXANDER sworn.

I am a constable; I went to search the prisoner, and in his bosom I found this silk, I have had it in my custody ever since.

THOMAS LUMLEY sworn.

I am King's weigher; on the 18th of August, I had the charge of some drugs; I saw one skain of silk hang out of the prisoner's bosom; it was on Galley key.

Court to Smith. Is there any thing about that silk you can identify it by? - Here is some of the same, that was in the same bale.

PRISONER's DEFENCE.

I was walking on the key, and saw the silk lay on the ground, and picked it up, and put it in my bosom.

The serjeant of his company in the first regiment of guards, said he had known him one year, he was a very good soldier, and knew no more of him.

GUILTY .

Whipped .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17890909-73

646. JOHN HARRIS was indicted for burglariously and feloniously breaking and entering the dwelling house of William Hill , with intent to steal his goods .

This appearing not to be Mr. Hill's dwelling house, the prisoner was ACQUITTED .

Tried by the London Jury before Mr. Justice WILSON.

Reference Number: t17890909-74

647. RICHARD COLEMAN was indicted for feloniously stealing on the 11th of August last, privily from the person of John Wilkins , a promissory note, signed under the hand of Benjamin Castletine, bearing date the 6th of January, 1789, by which said note, the said Benjamin Castletine did promise to pay to the said John Wilkins , 78 l. 15 s. three months after date; the said note being the property of the said John Wilkins , and the said sum of 78 l. 15 s. being then due and unsatisfied to the said John Wilkins , the proprietor thereof, and a leather pocket book, value 1 s. the property of the said John Wilkins .

JOHN WILKINS sworn.

I am a barge-master , in the town of Guildford; I went on Tuesday the 11th of August from Queenhithe about half past 12 o'clock in the day, to Mr. Harrison's the Bankers in Mansion-house-street, there I took my pocket-book out, (being a black leather one, with a strap thereto,) concerning a nine guinea note, wanting cash for it; after I had so done, I put it in again; I then came from there, in order to go to Westminster, and in going along by St. Paul's, I put my hand in my pocket, and found my pocket-book was out of my pocket.

When you took your nine guinea note out had you any thing else in your pocketbook of any importance? - Yes, I had a note of 78 l. 15 s.

Are you sure you had it at the banker's? - Yes.

What was the sum for which it was drawn? - It was in the face of it 78 l. 15 s.

Who was the drawer? - Benjamin Casseltine .

When was it dated? - February 1789, but I cannot positively say what day.

Do you recollect whom it was drawn upon? - It was payable to myself, and was due in three months.

Had it been paid, as I see it is over due? - The principal part was.

How can you say with certainty, that you saw it, when you was at the bankers? - I know I put it in when I came from home,

as I thought I might see the man who drew it.

When did you come from home? - On Monday, the 10th of August, I came from Guildford.

Have you ever recovered your note, or pocket-book since? - No.

Have you any notion, positively, to the time you missed it? - I am not positive to five or ten minutes, either before or after.

Did any thing happen to you, coming to St. Paul's from the bankers, that would lead you to suppose where it was taken from you? - I rather thought once, I was jostled as I was passing through Cheapside , by two men; I cannot take upon me to say it was then taken from me.

Then, it was not any thing at that time, that induced you to look whether your pocket-book was gone? - I did not that very moment; but a minute or two afterwards, I did.

Have you ever seen your pocket-book since? - Yes, at the publick office in Bow-street; I received a letter from the publick office, and came up from Guildford.

How long might that be after you lost it? - Ten days or a fortnight.

When you saw your pocket-book, was it open or empty? - I do not know.

Who put it into your hands there? - Mr. Shallard.

What was in it? - This promissory note was in it.

Have you reason to think, from the appearance of the note, the date of it, and the hand writing, that it is your note? - I am certain.

Do you know, whether after you lost it, any attempt was made to procure payment? - I do not know there was.

Mr. Knapp, Prisoner's Counsel. You know Benjamin Caseltine? - Yes.

When was it you lost your note? - On the 11th of August; on a Tuesday, as I was coming from my bankers.

A great many people were passing at that time of the day? - Yes.

When you was at the bankers, you pulled out your pocket-book with the nine guinea note; there were other notes in it? - There were.

On going from Mr. Harrison's, you felt somebody jostle you? - Yes.

If it had been the prisoner, perhaps you would have known who jostled you; you knew the prisoner before? - No, I never knew the man in my life.

If you had seen him before, you must have known him? - I know nothing of him.

Part of this note is paid? - I have received the whole of it since; I had received seventy pounds before I had lost it; and when I lost it, there was eight pounds fifteen shillings unpaid, which I have received since.

Now, you do not know what date the note bears? - It was dated in February, but I cannot be positive to the day.

Though you put it into your pocket-book in the morning, you cannot ascertain what date it bears? - No.

How long have you known Mr. Caseltine? - Three or four years.

Where did you get your pocket-book? - In Bow-street.

When Shallard gave you the pocketbook in Bow-street, what was in it? - I have not examined every thing in it; there was a note for seventy-eight pounds, fifteen shillings, in it.

Has there any thing passed between you and the prisoner, in Newgate? - I have not seen him.

Any letter? - No, none.

Did you send any body to the prisoner ever? - No person whatever.

Mr. Knapp submitted to the Court, that as the indictment stated the value of the note being seventy-eight pounds, fifteen shillings; and at the time of the loss, seventy pounds had been received on the note by the prosecutor; and the real value of the note being then but eight pounds fifteen shillings, the Court could not proceed on the trial on that part of the indictment, which was granted; and the

prisoner was only after this, tried on the pocket-book, value one shilling.

JOHN SHALLARD sworn.

I belong to the publick office in Bow-street; on the 27th of August, I, Jealous, and another, went to the house of Coleman.

How do you know it was his house? - He was at home, and in bed; it was about eight o'clock in the morning; and in searching the place, underneath the stairs, I found this pocket-book; I asked the prisoner at the bar, how he came by it? he said it was not his, but he had received it from a prig, meaning a pickpocket; and that he meant to return it back to the owner again; I told him that did not signify at all, I should take it away with me; and the clerk wrote to Mr. Wilkins at Guildford; and he came and swore to it; it had the note in it.

Mr. Knapp. You went to some lodgings, supposing them to belong to the prisoner; why did you think it was his lodgings? - We received an information that he lived there.

Where did you find him? - Up one pair of stairs.

Where did you find this pocket-book? - Below in the kitchen.

When you took the pocket-book, he said he received it from a prig; and he meant to return it again? - Yes.

Court to John Wilkins . How do you know it to be your property? - By having letters in it directed to me by the general post; and by several marks upon it.

GUILTY, 12 d .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17890909-75

648. JOSEPH LEE , alias MILES , was indicted for feloniously making an assault on the king's highway, on Thomas Brady , on the 18th of July last, and putting him in fear, and taking from him a printed cotton handkerchief, value 6 d. a linen stock, value 12 d. and eight shillings in money, his property .

THOMAS BRADY sworn.

I am a servant at Mr. Bates's at Islington; on Saturday night, on the 18th of July last, a quarter before twelve, I was going from Islington to White-cross street, where I live; I met the prisoner Miles at the bar, at the corner of the City-road .

How did you know it was the prisoner? - I have known him for three years, by passing and repassing that place.

How came you to know his name? - I know no more of him.

How did you know his name, by passing and repassing through the turnpike? - I had heard his name mentioned.

Now, tell us what passed when you met him? - On Saturday night, as I was coming home from pay-table, the prisoner at the bar met me, and asked me how I did? I told him I was hearty, thanked him, and was going on to my lodgings; immediately, he lays hold of me by my left arm.

Who was with him at this time? - Several more people were with him, all standing together in a croud, about to the number of fifteen; he lays hold of me by the arm, and held me whilst the others picked my pocket of eight shillings and a few halfpence, an handkerchief, and a stock.

Did you make any resistance at this? - No; I dared not; I was afraid of my life.

Why did you beg your life? - I was afraid they would murder me, they jostled me in such a manner.

Had they any arms? - Not that I know of.

How long were they in doing this? - About ten minutes, as nigh as I can tell now.

Did you know any of the others? - No.

What became of you, after this was over? - I came home to my lodgings.

Where did they go after? - I know not; I was afraid if I had gone after them, they would have murdered me.

How far was this from the Blue-coat ale-house? - About three yards from the door.

For what length of time had you seen this man occasionally? - For this three or four years.

Mr. Garrow. This happened after you had been at the pay-table on Saturday night? - Yes.

You know the prisoner's name to be Joe Miles ? - Yes.

Was it a dark night, past ten, past eleven o'clock, was it not pitch dark? - No, it was not.

Now, my good Sir, you swear to this man by his voice? - No, I knew his person.

Where had you been, in circumstances to become acquainted with his voice? - I never conversed with him.

Never spoke with him before? - Yes, in Islington.

On what occasion; only passing by, good morrow, good morrow? - No more.

Never drank with him, nor in company where he was? - I do not think I ever did.

You have no doubt about his voice, nor of his person; you was as sure of his person, as you was of his voice; and as sure of his voice, as you was of his person; now, my honest friend, what countryman are you? - An Irishman.

This man was taken in custody on Monday; and was examined once before the magistrate; and fully committed for trial? - Yes.

Was he committed the first time? - No.

The second time? - No; I do not understand you.

Was he not examined the first time, and committed for further examination; examined the second time, and committed for further examination; and at last, examined a third time, and then fully committed? - Yes.

I find you understand me well enough, if you will. Was you as sure to him the first time, as you was the third? - Yes.

How comes it to pass, he was not sent the first; who examined him? - Mr. Hyde.

I believe, before the third examination, a man of the name of Foreside was taken into custody? - I believe he was.

Do you know any number of the other persons among the fifteen? - No.

The only thing you can recollect, to know any thing about him, is by his voice? Yes.

Did he speak out, or talk as you do now, so low, muttering, you can hardly be heard? - He spoke out.

As you had been to the pay-table, you likely had had a drop? - Yes; I had a drop; I had drank a pot of beer.

A pot of beer does not hurt you? - No.

I wish you could help me to a reason, why this man was not fully committed the first time; did you swear positively to him the first time, second time, or the third time? - At each time.

How near was you robbed from the Blue-coat Boy? - About three or four yards.

I suppose a place as much frequented as Newgate-street; there is the Angel on one corner, and the Blue-coat Boy on the other, just running down to the turnpike; is it not an immense thoroughfare of a Saturday-night? - There was not many people passing then.

This happened on the 18th; can you tell me on what day the prisoner was committed upon? - On the 28th.

It was a fine moon-light night, was it not; was it a rainy night, or a fair one; can you tell us the state of the moon? - No, I cannot.

You had no assistance whatever from the moon; and the principal thing you swear to the prisoner by, is by his voice? - No, it is not; I can swear to his person.

You never worked with him; never have been at a publick-house with him; never had any dealings with him; and yet out of fifteen people, it was he that robbed you? - It was he.

How long were they robbing you? - They were ten minutes robbing me.

Did any body pass by whilst you was being robbed? - I cannot positively say.

Do you believe, there is any one ten minutes, from seven o'clock in the evening, to ten o'clock at night, that less than twenty people do not pass; did you ever know a ten minutes, that a great many were not passing? - I cannot say; there was not many people passing then.

You first lost your hat, and got it back again; so in the end, you was loser of nothing that had a mark upon it; did you get your stock back again? - I never got any thing back again.

Perhaps you have been long enough in England, to know there is a reward for a highway robbery? - I cannot tell.

Consider? - Yes, I did hear there was a reward.

How much? - That I do not know.

No! nor never heard! have you never been told there is a reward of forty pounds, on every person convicted, who commits a highway robbery? - What reward I never heard; no, I never heard any more than twenty pounds.

That there was twenty pounds for the prosecutor, and twenty pounds to be divided among the rest? - No, I did not hear that.

Upon your oath, who told you there was a reward of twenty pounds? - I cannot tell.

Consider a little? - I heard it in several places.

I desire you tell then, who it was in any one place, that mentioned it to you, that there was a reward of twenty pounds; did not you hear it at justice Hyde's? - No, that I never did.

Where then? - I heard people talking about it in the yard.

What! strangers to you? - Yes.

When did you hear the people in the yard talking of it? - On Saturday and Friday.

Court. Now mind what I say to you; you say you heard there was a reward for highway robberies, on Saturday and Friday last; then, what is the reason you first of all told us, you had not heard there was any reward; I want to know that; why did you dare to tell this gentleman, you never heard it at all?

Jury. We are very well satisfied with his evidence.

RICHARD PORTER sworn.

I am the landlord of the publick-house, the Blue-coat Boy, near the Islington Road; the prisoner at the bar was at my house on Saturday, the 18th of July.

What time did he stay? - He came in as nigh half after eleven as possible; and went out a quarter before twelve.

After he went out, was there any thing remarkable that struck you? - I went to bed; I thought I heard a noise in the street; but supposed it was some haymakers.

Mr. Garrow. How many lamps are there near your house? - There is one within eight or ten yards of my house, to the right; the other is rather more to the left.

Do you suppose they were alight? - I believe not, as they are not lighted in the summer quarter.

WILLIAM FORESIDE sworn.

Was you taken up on any charge of this robbery? - I was.

Court. Gentlemen of the Jury, if you could not credit Brady's evidence, I suppose this to be no better.

Jury. We are all satisfied.

NOT GUILTY .

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

Reference Number: t17890909-76

649. JOHN MADGETT was indicted for stealing, on the 5th of August last, two iron head hooks for scales, value 5 s. the property of the king .

(The case opened by Mr. Silvester.)

(The witnesses examined separate.)

JOHN CHURCH sworn.

I am appointer of the weighers at the three stations of the Kings Beams ; we lost a number of head hooks between the 3d and 6th of August; on the 5th I went and placed those tackle hooks, the prisoner was an extra weigher, I ordered him on the 5th to come down and mark some coffee, he came down, and I saw the prisoner there, I asked him what he was doing, he said he was writing a memorandum, I told him I had lost four head hooks, I hoped he had not got them; he said he hoped I did not suspect him, I felt something in his pocket, and felt one; I pulled it out, and he partly pulled out the others; I acquainted our surveyors, they sent for him, he said he had them on the middle station, and they let him go again; on the 6th he was sent for again, and he there desired the gentlemen, in my hearing, not to lay it before the Board, but they said they must, and they told the constable to attend him to the board.

(The head hooks produced and deposed to, one having the king's mark.)

Court. Can you say those were them you missed? - I made no remark on them.

Was the king's mark on those you missed? - I did not observe it, it is the king's beam, and the king's head hooks.

Prisoner. Had not I my left hand in my pocket ready to pull out these head hooks, by the time you asked me? - Not till after I had taken one from you.

Did I not tell you, over and over again, that I brought those hooks from the middle station in the tackle house? - Yes, I believe he might, or else I should have charged a constable with him directly.

Did not you say after, that you was sorry for your error? - He said something to me, and I said I am sorry for your misconduct.

Did not you meet me the next morning in the same station? - do not deny it.

Jury. Had the prisoner any authority to move the scale hooks from one station to another? - Yes, to be sure he had.

JOHN CAREY sworn.

I am a weigher, I was at the tackle house, I came up for some pack-thread to mend some pimento bags, the prisoner was up there; Mr. Church went by him, and he brushed his coat, and took one hook out of one pocket, and the prisoner took the other out of the other pocket; I know no further.

JOHN JACKSON sworn.

I am a weigher; I belong to the middle station, to give the scales out in a morning, I gave the prisoner no head hooks, the day before we had four of them in the middle station; on the 5th there was only one left, and I sent for another short one, these would neither of them do.

Are you sure you was possessed of these hooks on the 5th of August? - Yes, I am sure of it.

Are you sure you did not give the prisoner them? - I am sure of it.

Might not those hooks be in the scale house, and you not know it? - I am positive these hooks were not there at all.

PRISONER's DEFENCE.

On Wednesday the 5th of August, I was appointed that morning by Mr. Church the prosecutor, to follow carts loaded with tea, from Botolph wharf, the upper station, to Parker's-gardens, the India-warehouse, and in my turn, I did my duty in that, and at the hour of two, I left my station; and prior to that Mr. Church (the prosecutor) came to me, and told me, Madgett, it is almost high water, there is a great glut of work come in, and I fear I shall fall short of men; I, sensible of the many obligations I laid under to Mr. Church, as being a distressed young man with a large family to support, I said I would; I set out for my station again, on coming down thro' the station, I recollected having put a little cane in the scale-house, belonging to the same station, and among some cordage and

boards, I found these two hooks, and an old adze, and two old chissels laying: upon that my lord, on taking up this cane, and seeing these hooks, and hearing my worthy Mr. Church (my appointer) say he was short of those hooks, I took them out, and publicly carried them along the middle station towards the scale house, where I intended to deposit them for my own work, but Mr. Wilson, m landwaiter, and a gentleman, the gangsman, crying out, Madgett, Madgett, marker, marker, I immediately repaired to my gangsman; and knowing it was not safe, to lay these hooks out of my hands; I publicly put one into each pocket; I marked forty-five bags of coffee; then I went up into the scale-house and made a memorandum of the transactions, concerning the coffee; the prosecutor came in; it was my duty to make way, which I did; on getting up, I put my left hand to my pocket; on which he said, what have you Madgett? two hooks, said I; he said I have lost so many of these hooks, and I believe your intention is to take them; I, sensible of my intention, said it was not so; Mr. Church took one of the hooks out of my pocket; when I had taken the other out, I went out and staid by my duty, and took care of the coffee: Mr. Church (the prosecutor) happened to come by; I told him, I hope you are sensible that necessity never brought me to that pitch, of thinking those hooks worthy of being picked up out of the gutter, and I hope you will think no more of it; his answer was, he was very sorry for it; I stood my duty till I was relieved by the king's watch, when I went home, and came at six to relieve him; about half past six, the prosecutor happened to come by, I said to him, shall I go to the India work, or take care of this coffee; says he, Madgett take care of the coffee, and see it delivered; very well Sir, says I; I also mentioned to Mr. Church, that I hoped he was sensible of his error, in making a charge of the kind upon me; he said he was very sorry for it; I stood my duty; and about seven, or half past, the prosecutor came, and told me, Madget, says he, you are wanted in the Surveyor's Office; I went with him and he made his charge; and on my defence I was ordered back to my duty; which I went to on the upper station, then I attended the Surveyor's office again, and then Mr. Church made the charge against me, and I made my defence; upon which the gentlemen surveyors said, that they wish propriety, could not discuss the matter, but that they would know the pleasure of the Board; I said what is to be done with me in the evening? one gentleman said was under a penalty of 100 l. for my bondsmen, and it was not safe for them to let me at liberty; then I desired I might be committed to the care of a constable, and they desired to know where my lodging was; that they might search it, told them No. 2, Rose-court, Tower-street; they searched and found nothing, it was the pleasure of the Board, that I should be taken before a Magistrate, I was put into the Poultry Compter without any examination, and then one of the prosecutors said, he would do for me; the subsequent morning, I was taken before the Lord Mayor, and my iron knocked off; and still the rigorous designs of my Prosecutors were such, that I have been credibly informed by one of the turnkeys, that they prevailed so far; or at least forged an order to the Lord Mayor to commit me, whether or no; there are gentlemen in Court I believe on my behalf, I was on the verge of promotion; I should not know to what use to convert them hooks; I could not sell them, as they have the king's broad arrow upon them; and by the 7th article, it is my duty to take care of the weights and scales.

The prisoner called two witnesses to his character.

NOT GUILTY .

Tried by the London Jury before Mr. Justice GROSE.

Reference Number: t17890909-77

650. THOMAS NEALE was indicted for stealing, on the 3d day of June ,

one hundred and forty-four metal coat buttons, gilt with gold, and ornamented with silver, value 18 s. and a great number of other buttons, value 6 l. 16 s. 6 d. the property of John Bentley .

JOHN BENTLEY sworn.

I am a wholesale button dealer , the prisoner was my servant , I missed property, and the buttons in question, (describes them), I delivered them to the prisoner, to expose for sale, and gave him this book in order to set down what buttons he disposed off, he gave account sold to Mr. Parker, and there is no such person, as I can find; he had the articles contained in the indictment, and he was to have returned them that evening, but did not for three or four days; as he could not dispose of them in town, he said, he went to Hodsdon in Hertfordshire, and disposed of part of them to a Mr. Parker; he told me they were to be paid for in fourteen days; I had no employment for him, and I gave him these goods to carry to my customers to fill up his time; he used to work in the shop; I frequently sent him to my customers with goods.

Court to Jury. That makes an end of it; it can turn out no more than a breach of trust.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17890909-78

651. THOMAS NEALE was again indicted, for stealing, on the 3d of August last, one brass stamp, value 4 s. 6 d. ninety-six metal coat buttons, value 5 s. fifteen steel beads, value 1 s. a book, value 1 s. and one watch key, value 1 d. the property of John Bentley .

JOHN BENTLEY sworn.

The prisoner was entrusted in my warehouse, as my servant , I had frequently missed things from my warehouse for a fortnight before, my suspicion on the 3d of August, fell on the prisoner; I charged him with having robbed me, he told me he had bought those things at a stall; being certain that was a falsity; he then told me he gave 3 s. for them, to the boy that lives in my house; I had him taken up, and he was committed; these things were found at his lodgings, in Fetter-lane; I went with the constable, and the prisoner; the constable has the things in his possession.

- SPATEMAN sworn.

I am constable, I found at the prisoner's lodgings these goods; Charles Allen has had the possession of them ever since they were taken out of his box.

CHARLES ALLEN sworn.

I took these things out of two boxes, in the box were found four duplicates of the prisoner's in his apartment; he gave up the keys of his boxes.

(The goods produced and deposed to by Mr. Bentley.)

WILLIAM TYLER sworn.

I live in Fetter-lane; I have known the prisoner five months, he lodged with me, and behaved very well, and very honest.

JOSEPH HALL sworn.

He always bore a good character.

PRISONER's DEFENCE.

The book he produces now, was one of the books the boy had robbed him of; the prosecutor gave me orders to collect them in, wherever I could find them; this was one of them; the watch chain I had wore two months in his house; the other things I made myself while I was at Birmingham, where I learned the trade.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17890909-79

652. EDWARD KEITH was indicted for stealing, on the 7th of September , thirty pounds weight of lead, value 8 s. the property of the church-wardens.

A Second Count, laying it to be the property of the parishioners.

A third Count, the property of persons unknown.

JOHN NOOTON sworn.

I found some lead on the prisoner, on the buildings, in a room below the church; when I went up, I missed some of the men from work; and looking after them, I found the prisoner about five o'clock, beating up the lead; I searched a little further, and found another piece under a stone and rubbish in the same room, close by the prisoner; I carried them to Mr. Baxter's compting-house; I left it in the compting-house; I did not mark it; it appeared to be newly cut; my young master and I went up upon the church, over the porch; we compared this with the place where it was cut from, and it corresponded; the prisoner said he never took any before.

ROBERT BUNN sworn.

This is the same lead that was taken to the compting-house; and it matched to the place; but the other pieces do not fit, there being so much lost, we could not fit it.

ROBERT WATKINS sworn.

I am one of the church-wardens, with John Squires , William Wilson , and another of St. Sepulchre's.

PRISONER's DEFENCE.

I and another were sent to pull down the party wall; I never touched the lead; we were taken to the lord mayor, and I was committed; and the other was discharged; I never meddled with the lead.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17890909-80

653. EVAN EVANS was indicted for stealing, on the 9th of September , five horse shoes, value 8 s. twenty pieces of iron, value 8 d. the property of Margaret Thrupp , widow .

MARGARET THRUPP sworn.

I am a farrier ; on the 9th of September, I lost five iron horse-shoes; I know no more of it.

ROBERT PAGE sworn.

I servant to Mrs. Thrupp; on Tuesday, I missed the things out of the shop; I discovered it the next day.

THOMAS HURASTON sworn.

I am a farrier; I know nothing but they are my mistress's property.

A WITNESS sworn.

Last Wednesday was week, I was coming a quarter before eight in the evening, I saw the prisoner with the bag that is here; and I had a suspicion of him; and I followed him till he got to Poor Jury-street, and there he threw it down; and I stopped him, and brought him to the Compter; and gave charge of him; and he was committed; I am sure it is the same bag; I opened the bag, and found they were horses shoes; I went to Mrs. Thrupp's in Aldermanbury , and found he worked there; and Mrs. Thrupp said, she nor any of her people could not identify them nor the iron.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17890909-81

654. JOHN MAXEY was indicted for stealing, on the 3d of August , one copper tea-kettle, value 3 s. the property of William Hall .

WILLIAM HALL sworn.

I live in Brokers-row, Moor-fields ; on the 3d of August, I lost a copper tea-kettle;

I had seen the prisoner, and three or four more with him, several days prior to the 3d of August; on which day, I saw the boy as the shop was shutting up; my man was secreted behind the door, in order to watch him; and I called in the rest of my men; in the course of a minute, he brought in the boy and the tea-kettle.

(The tea-kettle produced and deposed to by Mr. Hall.)

JOHN HARSER sworn.

On the 3d of August, between eight and nine, I saw the prisoner and three or four boys, walking up and down the row; I took particular notice of the boy, the prisoner; I got behind the door, and Mr. Hall called in the rest of his people; and I saw the boy stoop down, in order to take the kettle; but he was disappointed the first time; he seeing the people all busy, he came a second time; then he took it; I then pursued him, and took him with the tea-kettle in his hand.

PRISONER's DEFENCE.

I was coming along, and a boy struck me; and I took up the tea kettle to shy at him; and the man came up and took me.

JOHN STUBBS sworn.

I was coming home, and I met the boy with the kettle in his hand; the prosecucutor's man came up, and said he had stole it from him.

The prisoner called three witnesses to his character.

GUILTY .

Whipped .

Tried by the London Jury before Mr. Justice WILSON.

Reference Number: t17890909-82

655. MARY MUNDAY was indicted for stealing, on the 26th day of July last, one silver stock-buckle, value 2 s. one earthen dish, value 1 s. one plate, value 2 d. the property of Thomas Fasson ; one muslin neck-handkerchief, value 12 d. and two pair of robbins, value 6 d. the property of Eleanor Frith .

And JEREMIAH RAYMOND , and SUSANNAH his wife , were indicted for receiving part of the said goods, knowing them to be stolen .

ALL THREE NOT GUILTY .

Tried by the London Jury before Mr. Justice GROSE.

Reference Number: t17890909-83

656. ROBERT TUCKER was indicted for stealing, on the 30th of June last, six cut deal boards, value 3 s. four pieces of fir border, called quartering, value 1 s. four pieces of wainscot quartering, value 1 s. the property of Benjamin Reynolds .

BENJAMIN REYNOLDS sworn.

I live in James-street, Covent-garden; I am a carpenter and builder ; the 30th of June, I lost the things in the indictment; I lost slit deals, quartering, wainscoting, &c.; there was some old timber, and old wood, near a cart load; the prisoner was intrusted to take care of them at a house in Long-acre ; I went to his apartments in Leg-alley, and found my property in the cock-loft; I let him the lodging; it was one of my houses; I meant them to be used in the new buildings in Phoenix-alley, and Long-acre; the wainscot had been pulled down by my direction; I saw the prisoner, and shewed him the things; he said he was at my mercy, and fell on his knees for forgiveness; I said, what did you take that stuff for? and he said he thought he should employ himself at odd times in making of tables.

Mr. Garrow, Prisoner's Counsel. This man had worked some time for you? - About a twelve-month.

He had let his wages lay for some time? - He did.

He expected his wife and child from Ireland? - He did.

Had you a man of the name of Sullivan?

- Yes; he is absent since this happened.

Did not the prisoner tell you that Sullivan had brought these things to him, and told him to nail them up against the windows, by your order; and that he would bring him from time to time, such stuff as was necessary? - He made that plea at the justice's.

Court. Was that before, or after he had told you he was at your mercy? - After.

Mr. Garrow. This conversation was the 30th of June? - Yes.

He was not in custody till the 19th of August? - No; he set off.

Did not he send to you, to pay the wages due to him, after he set off? - Yes.

Who did he send? - I do not know.

What answer did you give? - I gave no answer.

Yes, you did; did not you say you would pay nobody but the man himself? - I believe he sent by his wife; I told her I should settle no bills but with him.

Did you not appoint him to meet you at the publick office in Bow-street? - Certainly.

And did not he come there? - He did.

At the distance of a month after you had charged him? - Yes.

Has he not delivered a bill to the amount of ten pounds six shillings, balance due to him? - I do not know the balance; I left him in the custody of Timothy Sullivan , who let him go.

Court. Did you turn Sullivan away for that? - No.

WILLIAM NESS sworn.

I saw Tucker take some short boards under his arm, and carry them two doors lower down, to one of Mr. Reynolds's houses in Phoenix-alley, where Tucker lodges; I believe it was the 24th or 25th of June; they could not be of any great value.

Mr. Garrow. This man worked at Somerset place as a carpenter.

PRISONER's DEFENCE.

Sullivan brought me the boards to nail against the windows; then he went to a publick-house, and I went after him; he would not come to nail them up; he said the rain was ceasing; and the next morning I threw them into the cock-loft, out of my wife's way.

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

NOT GUILTY .

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

Reference Number: t17890909-84

657. MARIA BROWN was indicted for feloniously stealing, on the 4th of August last, two sets of flowered cotton furniture for four-post bedsteads, value 3 l. two white cotton curtains, value 30 s. a feather bed, value 30 s. three blankets. value 12 s. a dining table, value 12 s. a quilt, value 12 s. eight curtains, value 30 s. two dressing glasses, value 15 s. four window curtains, value 15 s. a pair of candlesticks, value 5 s. two glasses, value 3 s. a large looking glass, value 10 s. a flat iron, value 1 s. the property of Alexander Brodie , being in a lodging room .

HENRIETTA BRODIE sworn.

I am wife of Alexander Brodie ; I let my lodgings to the prisoner, to be paid every month; the things in the indictment were in the rooms; she continued with me from January to August; I missed the property on the 4th of August; the collector of king's taxes came to demand their yearly money; the prisoner would let nobody in; I had not the money to pay them; the prisoner owed me the money; when the prisoner was absent, the tax-gatherers opened the door; and the things were missing; I saw them at the pawn-broker's.

JOHN CROUCH sworn.

I am a pawn-broker's servant, in Berwick-street; the prisoner pawned the articles in the indictment; I knew her before; Mrs. Brodie claimed them as hers; I have kept them ever since; three of the articles I took in of the prisoner; a set of flowered cotton furniture, a cotton counterpane, three cotton window curtains, a bed, one pillow, and a blanket; I am certain it was the prisoner; I have known her several years; I gave her duplicates; the cotton furniture and counterpane, was the 22d of June; the three cotton window curtains some time in March; the bed, pillow, and blanket, the 2d of July.

Prosecutrix. They are mine; my making; the counterpane I know by the coarseness; the window curtains are made by myself.

PRISONER's DEFENCE.

I took a house of that gentlewoman, and furniture, at one hundred pounds a year, for one year certain; I have witnesses to prove it; she has the written agreement, if you choose to oblige her to shew it; I looked upon that property as my own for one year, till the 8th of next February.

Prosecutrix. I kept one apartment for myself.

Prisoner. I took the whole house; and she begged to have a cup-board, or rather a closet, to leave something in concerning her religion, when she came to chapel two or three times a year.

Prosecutrix. Here is the agreement.

The agreement read, being for one year certain, without reserving any room to the Prosecutrix.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17890909-85

658. ROBERT ATKINS was indicted for stealing, on the 31st of July , twenty-eight pounds weight of lead, value 5 s. belonging to Thomas Turner , affixed to his dwelling house, against the statute .

JOHN ROBSON sworn.

Mr. Turner lives on Paddington-green ; on the 31st of July he lost twenty-eight pounds of lead; one side of the piedment of the front door; I saw the prisoner going with something on his head, which appeared to be heavy; I took him into custody.

JOSIAH FLETCHER sworn.

Confirmed the last witness.

THOMAS TURNER sworn.

I live on my income; this was my lead from the frontispiece of the door, it fitted exactly.

PRISONER's DEFENCE.

I found the lead.

(The prisoner called one witness to his character.)

GUILTY .

Whipped and imprisoned one month .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17890909-86

659. JOSEPH RUSHLEIGH was indicted for stealing, on the 13th of July last, one iron axe, value 2 s. the property of Samuel Harrison .

SAMUEL HARRISON sworn.

I lost an axe from Stephen-street, Tottenham-court-road ; I found it on the prisoner, about fifty yards from the yard; I had seen it ten minutes before; I had a new eye put to it, I am sure it is mine, and I know the handle; the prisoner said he meant to bring it back after he had cut some wood, he was going from the house.

PRISONER's DEFENCE.

I took it to chop a bit of wood, and I should have returned it, I asked him to go

with me, and see the two bits of wood; and he would not; I think he is too sharp, he first valued it at 8 d. then he came to me at Clerkenwell, and wanted to make it up, then he valued it at two shillings; and as I never was in such a place before, I must leave it to you.

Prosecutor. I never offered to make it up; his son has offered to me.

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

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17890909-87

670. MARY MITCHELL was indicted for stealing, on the 6th of August , one cotton gown, value 10 s. the property of George Lane .

DAVID LLOYD sworn.

I am servant to Mr. George Lane, pawnbroker ; on Tuesday the 6th of August in the evening, between eight and nine the prisoner in company with two young men came into my master's shop to buy a pair of buckles; they looked at some; the prisoner bought a pair, and paid for them; there were some gowns hung on a string, and the tallest went out, and the string was cut, I ran to the door, and cried stop thief; one of the gowns was gone, the prisoner and the other young man was in the shop when I went out; I found the gown at Mr. Duberry's, a pawn-broker.

SARAH WARD sworn.

I live with Mr. Duberry, the pawn-broker; I produce a gown, which the prisoner pawned the 6th of August, about nine; I often saw her, and knew her; she said she gave 19 s. for the gown at Mr. Lane's.

PRISONER's DEFENCE.

I went into Mr. Lane's to buy a pair of buckles, and there were a many people in the shop; he called out stop thief; three ran out; I staid till they all came back, I knew Mr. Lane very well; he did not stop me; as I was coming out, I picked up a gown, I did not know it was his; I went to Mr. Duberry's and pawned it; my friends are all gone home.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17890909-88

671. NICHOLAS DOWLING was indicted for stealing, on the 2d of August , one watch with an inside case, and an outside case made of silver, value 20 s. one guinea, and three shillings in monies , the property of Edward Kennedy .

Edward Kennedy was called, and not appearing, the prisoner was ACQUITTED .

Reference Number: t17890909-89

672. MARY ELIZABETH DOIG was indicted for stealing, on the 5th of August , one knapsack, value 2 s. two shirts, value 2 s. one pair of shoes, value 5 s. two pair of thread stockings, value 12 d. one pair of leather breeches, value 12 d. one pair of linen trowsers, value 12 d. the property of Solomon Harding .

Solomon Harding and John Snook were called on their recognizances, and not appearing the prisoner was ACQUITTED .

Reference Number: t17890909-90

673. THOMAS COPE was indicted for feloniously assaulting William Till on the king's highway, on the 16th of August last, and putting him in fear, and taking from him, one man's hat, value 4 s. his property .

WILLIAM TILL sworn.

I was robbed of my hat on the 16th of July last, between twelve and half past twelve o'clock at night, as I was walking home, in Crown and Sceptre-court St. James's-street ; I was quite sober, I was stopt by two men, apparently soldiers ; the first said young man have you any money? the prisoner was one of the men; I said I have no money, and if I had ever so much, I would not give you any; the other stopt him, and said d - n his eyes, we will have what he has got, or we will knock his brains out; they then immediately began to search my pockets, and searched them all; till they came to my left hand waistcoat pocket, in which I had three shillings and six-pence; then I began to be resolute; I thought I would not be robbed; the man that was behind me, knocked me down, and while I was on the ground, they searched my pockets over again, and by some means, I got up, and ran to my own door, near the place; they were there as soon as I, and they dragged me down the court; when I got to the bottom of the court, by some means, I got on my feet; I then pushed one of the fellows into the street, and the other dragged me down on the pavement; and they searched my pockets again, betwixt them; I was at top of one of the men; and he that I held said, d - n his eyes, take his hat; he then immediately took my hat from my head and ran up St. James's Street; it was the other, who made his escape, that took my hat; I do not know him; in the course of that time, I lost the 3 s. 1 d. in the space of half a minute, my hat was brought back by a chairman, and thrown down on the ground; says he, my friend, I hope you are not hurt; I said, I am not; I never saw him before or since; I there called out murder, and watch, as I had done a great many times before; and I gave charge of the prisoner; going along he made several attempts to knock me down I never lost my hold of the prisoner in he street; till he got to the watch-house; I know he was the man, because he pulled me into the street.

Court. What was the constable's name? - I do not know.

Do you live in this Court? - Yes, I am a house-keeper; I have lived there four years; I have a wife and two children, I am a taylor .

Do you know what the reward is, upon conviction? - I have heard say it is forty pounds.

Was there any light in the court? - There were two, one at my own door; I never saw the prisoner before; both the men appeared to be grenadiers, the prisoner begged very hard of me to say no more of it, to favour him; I was much bruised on my backside.

PRISONER's DEFENCE.

I had been drinking at a public house, and coming out, I heard a disturbance in the alley; and he came out with a watchman and seized me; I had just come out of the hospital, and was rather in liquor; when he appeared before the justice he said he was not ill used, nor touched any more than the people assaulted him; here is a copy of the commitment, (handed up) which was for an assault with intent to rob.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17890909-91

674. ELIZABETH PUDDING was indicted for stealing, on the 2d of December last, one linen shift, value 1 s. one dimity petticoat, value 1 s. one pair of stockings, value 6 d. two aprons, value 1 s. three pieces of thread lace, value 18 d. the property of Mary Osliffe , spinster .

The witnesses examined separate.

MARY OSLIFFE sworn.

I lost the things mentioned in the indictment

out of my father's house, at Enfield , the prisoner was a servant at the time; I have seen the things since, in the house she lived in after she left me; she was a servant there, it was found in her drawers; she acknowledged them as such; she was present when they were opened and I was present; I found all the things in the indictment; I am sure they were mine, they had been marked with an O, but the mark had been cut out; the cotton stockings had an O, and a figure of 1.

Did she make any acknowledgment about the things? - She said she did not know how she came by those things.

Jury. My Lord, some of the gentlemen of the Jury with the lady may be unveiled.

Mr. Garrow, Prisoner's Counsel. It is very convenient to be sure in a Court of Justice.

(The lady put up the veil of her bonnet, which was a considerable depth.)

Miss Osliffe. There are two aprons, an O is still remaining in one.

Mr. Garrow. Madam, before I put any question to you, I wish you should understand, that I do not mean to put any one, from any impertinent motive; but I know no distinction of persons here; I observe this is an indictment for stealing these articles so long ago as December in the last year? - Yes,

I believe the prisoner had lived a servant in your family six years? - Five years and a half.

In whose service did she live the last nine months? - With Mr. Bowes, a neighbour of mine; to whom I gave her a character.

When was it that her boxes and drawers were searched? - About a month ago.

At her master's house? - Yes.

I believe, madam, she was indicted before you made any complaint to a Magistrate; perhaps you do not know the mode of doing business that common people follow? - I indicted her at a justice's first.

I believe you are mistaken; who was the justice? - Colonel Hubbard of Southgate.

She was surrendered in discharge of her bail? - She was

None of these articles of your wearing apparel were new? - None.

I should think it not impossible, that in the course of six years, you might have given her these things? - It is possible that I gave her a few.

Now I should think it extremely possible that you might have given her some few of which you did not keep a memorandum; I dare say, you are one of those who do not let their right hand know what their left hand does, in a way of charity; can you now, at this distance of time, run over with me, a catalogue of all the things you have given her? - I cannot, but I had not given these certainly, any one of the things I have charged her with taking from me.

Can you venture to say, you never gave them away to any other servant? - I had no other servant.

When did you miss them first? - I missed them at different times; I missed different things, while she was with me.

For nine months; she might have burnt or destroyed them; or taken out the marks? - She might; I have valued them very low; to shew that there was no malice in this prosecution.

Had not this young woman given you some cause for discontent and displeasure after she left your service? - I had very great reason.

Had she not in the neighbourhood, said some things respecting your - I never heard that she said a word against me.

Have you never heard that she had said, (I do not say with truth,) that some libel or paragraphs about neighbours, had come from your pen? - I never heard that she did.

What then led to searching the room of this young girl, who had left you with a good character; and was recommended by you to a good service? - She had first lost my good opinion, from her change of dress and behaviour.

Had not she mentioned your having

written something? - I never had written any thing; why should you ask me that.

Because I am instructed so to do; that is my only apology. Had not there been some little misunderstanding between you and some neighbours, about some supposed libels, which were conjectured to have come from you; and which this woman said had come from you? - Certainly there was.

Did not those bickerings relate to some libels, or supposed libels, or some jeers; I dare to say, extremely elegant, if they came from your pen? - I do not come here to answer impertinent questions.

Mr. Garrow. I have no difficulty to state to the Court my reason for putting the questions this lady has stated that the servant lived with her six years; she has stated that there were some little bickerings about something, supposed to be the production of this lady's pen; I mean to ingraft on that examination, to prove, that this suspicion never would have fallen on the prisoner; that her box never would have been searched; and that this prosecution never would have been carried on, if the prisoner had not been suspected to have known too much of these epistolary productions of the lady; and which, she, with great imprudence, has revealed.

Court to Prosecutrix. Wait for the question from the gentleman; and if he puts a question that is not proper, we must stop him.

Mr. Garrow. There were some bickerings about some writings, or some publications, in the neighbourhood? - There were.

There were some persons who suspected you had written them? - There were.

They were supposed to have been written while the prisoner was in your service? - They were.

Was not the prisoner supposed to have known that you had written them? - No.

Did not that suspicion come to your ears? - No.

Was there ever a charge in any shape, made against the prisoner, till after these bickerings respecting the letter? - No.

How long is it since that misunderstanding respecting this letter, or this writing, broke out? - Last June was a twelvemonth; the bickerings have been long forgotten by me.

Have you never heard that this young woman had said, that those publications really came from your pen? - No; I never did hear it.

I am very sorry, but I must ask, was there no other subject of dissatisfaction, that you had towards this young woman, relating to money matters? - There was.

Mr. Garrow. I should think it would be better for every body, if this went no further.

Jury. We really think so, for the sake of the lady.

Prosecutrix. I have only to say, that it was not owing to any bickerings, that I prosecuted her for taking these things; but that I was very well convinced they were my own; but as she is now-sufficiently punished, I hope the gentlemen of the jury will consider her with mercy.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17890909-92

675. ALEXANDER THOMAS GILDEROY , alias GILROY , was indicted for burglariously and feloniously breaking and entering the dwelling-house of David Taylor , on the 9th of September ; and burglariously stealing therein, four tablespoons, value 30 s. three tea-spoons, value 3 s. a pair of silver salts, value 20 s. a fish trowel, value 5 s. two gravy spoons, value 30 s. one watch, value 25 s. and two hats, value 5 s. his property .

DAVID TAYLOR sworn.

I am a shoe-maker ; the prisoner was my apprentice ; he continued with me four years; my house was robbed on the 9th of September; I left my watch and hat in the fore parlour, which I can swear to.

JANE SPRING sworn.

I am servant to Mr. Taylor; I was last in bed; I went to bed about twelve; I left the parlour doors open; they were generally open in the summer; I got up about seven in the morning; laying the cloth for breakfast, I missed a pair of silver salts; the glass and salt was turned out; they were left in the back room after supper; and the silver salts were gone; there were five spoons, a fish trowel, two salt-spoons, two gravy spoons, two tea-spoons taken from the kitchen, two hats, and a watch from the parlour; I saw them there the night before; I saw them afterwards at justice Hyde's office.

CHARLES RILEY sworn.

I am a watchman in Whitcombe-street; on the 9th of this month, about four in the morning, I saw the prisoner in Prince's-court, Whitcombe-street; he was standing at the door of a house of ill fame, with these two hats; he was calling to somebody; and I asked him where he had them he said he brought them from Kensington; and they were his master's in George-street, Grosvenor square; and I stopped him; I heard a woman say she was coming; he rushed from me in Whitcombe-street; he dropped the hats in my sight, and he ran away; I lost sight of him: he was pursued by Cohoan, who took him; and I took him to the watch-house; we found the hats; after that, we went back to Leicester-fields; and within the garden rails, we found five table-spoons, two salt spoons,

two gravy-spoons, and one tea-spoon: I never saw the prisoner before he ran out of the court; I was close at his heels; he turned to the left, and turned the corner; when he dropped the hats, I ran as fast as I could; I am sixty years of age; I have no use for spectacles on these occasions.

JAMES COHOUNE sworn.

I am a watch-man; I heard a rattle about four in the morning; I saw a person coming from towards Hedge-lane, to me; I saw him first at the bottom of Leicester-square, at the west corner; my box stands at the French hotel, near Dr. Hamilton's; when I heard the rattle, I saw the prisoner running; I got across him, and stood before him; he put his hand in his pocket; I heard something gingle, but what he did with it, I know not; I took hold of him, and he got from me; in pursuing him, I fell down, and got up and ran after him again; and found Riley had him; he then had only the two hats; the man at the bar is the person I first stopped: we went afterwards, and found these spoons within the garden rails; he was not half a minute out of my sight; I am quite sure he is the man.

ELIZABETH JACKSON sworn.

I am an unfortunate woman of the town; I know the prisoner; I was sent once to Tothil-fields; and there I got acquainted with the prisoner, who was a prisoner there; on the Wednesday that he was in the watch-house for this robbery, he sent for me; but gave me nothing at that time; but desired me and Nancy to come to the office; and he was committed, on Wednesday afternoon, I carried him some pork for dinner; and I paid for two pots of beer; he gave me a watch out of his waistcoat pocket; he said they had frisked him from top to toe, but had not found the ack; I was to take it to Turner, a pawn-broker in the Hay-market; I picked up a man who was to go and claim the watch as his property; Mr. Turner stopped the man and me; then I told the truth, that the prisoner gave me the watch out of his waistcoat pocket, at Tothil fields Bridewell.

Prisoner's Counsel. Why did not you tell Turner how you came by the watch? - Because I was afraid; the prisoner at the bar desired me to give him the watch again; for he said, I have wrote to the fence; they will be down presently; and it will fetch me fourteen shillings; he said, do not be a fool, go and make half a guinea of it before lockets.

HENRY TURNER sworn.

On the 9th of September, a quarter before nine, Elizabeth Jackson brought this watch to pledge; she told me it belonged to her husband; I sent her to fetch him; and in about a quarter of an hour, she brought a man who said it was his watch; then I stopped them both.

(The watch produced and deposed to by Mr. Taylor; and the plate and hats also deposed to by the prosecutor.)

PRISONER's DEFENCE.

I cannot say I know any thing about it.

GUILTY of stealing the goods, but not of breaking and entering the house .

Death .

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

Reference Number: t17890909-93

676. RICHARD PITHAM was indicted for feloniously stealing a she ass and foal, value 2 l. 2 s. the property of William Curtis , Esq .

(The case was opened by Mr. Silvester.)

Mr. Alderman CURTIS sworn.

I have a house at South-gate; I lost a milch ass and seal; she used to go on Enfield-chase ; the beginning of August, Mr. Kingston called upon me, and said, he supposed she had foaled; and begged me to

lend him her and the gardener went to seek her, and could not find her; she was found afterwards at lady Stormont's; I cannot swear to her myself; I know I had a milch ass; and the prisoner lived at a place called Botany-bay, upon Enfield-chase; I went there to enquire for him; he was gone from there then.

ANDREW BOLSTON sworn.

I am gardener to Mr. Sheriff Curtis; I had the care of his ass; it was kept in Mr. Curtis's fields; she used frequently to get out; she was once pounded by the chase-driver; I delivered her to him afterwards, to take care of, with a foal; and Mr. Curtis would pay him for his trouble; she was found at Lady Stormont's, in August; we heard nothing of the foal she had with her then; she has foaled since.

JOHN LOWIN sworn.

I am chase-driver; I pounded this ass once; then she had a foal with her about a year old, I believe; and afterwards, the gardener brought her to me, and desired me to take care of her; I saw her about Holy Thursday; that is the day of Bush fair.

Have you seen it since it was foaled at Lady Stormont's? - Yes.

Have you any doubt about it? - No.

Mr. Knowlys, Prisoner's Counsel. I believe you can tell us this prisoner's character? - I know nothing about his roguishness, nor yet his honesty.

Mr. Garrow, another Counsel for the prosecution. Come now, since that question has been asked; upon your oath, what has been his general character for honesty? - I cannot tell; you must enquire.

But I will enquire it of you; and I apprize you, that to conceal the truth, is just as much perjury, as if you were flatly to tell me what is false? - I never heard any thing against the man in particular.

Do you mean to swear that? - I have sworn once.

Upon your oath, you never heard any thing about his character? now I will give you chapter and verse; nothing about a poney? - It was not a poney.

Oh! you do know a little; that was not Lord Chumley's? - No; Pitham borrowed it of his fellow servant, who was then in the country; and the poney was lost, and could not be found; and his fellow servant made him pay for it; but he was not accused of stealing it that I know of.

Now, about Lord Chumley's wood? - I do not know; I will say no more to you; I have nothing more to say; I know nothing against the man.

Upon your oath; having once or twice said that you know nothing about character; that you know nothing of his roguish tricks; will you permit it to be taken down as your evidence, that this man bears a good character in his neighbourhood: come Mr. Chase-driver, I know something about that neighbourhood myself? - I do not know; why, you are not to hang a man for a thing seven years ago.

Is his general character in his neighbourhood, a good one or a bad one? - You must go and enquire.

I will make you answer it, or else you will drive no more chases, except in Newgate? - I never heard any thing amiss of the man, any otherwise than what I told you; any otherwise than what you know.

Do you mean, yes or no, to say this man's character is a good one? - I know nothing at all about his character, any otherwise than what I have told you.

How long have you known him? - I have lived in Edmonton parish about twenty-five or twenty-six years; he never lived in that parish; I have known him seven or eight years.

Knowing him seven or eight years, you know nothing about his general reputation? - I know nothing against the man.

That is not my question? - You may talk as long as you like, I shall say no more to you.

Upon your oath, do you mean to swear you know nothing of his general reputation? - I never heard any thing amiss of

him, any otherwise than this horse, and this affair of the Alderman's.

No other thing? - No.

What was that seven years ago? - I know nothing at all about seven years ago.

Was this man's general character a good one? - I can tell nothing about the man's character.

THOMAS VANDERCOMP sworn.

I am a coachman to Lord Stormont; I was riding out with my lady; I met the prisoner about eight days ago, with an ass grazing and a foal besides, about a month old; my lady desired me to ask the price; he asked two guineas and an half for it; the ass was ordered to be drove over to the grove, East Barnet, where the man received two guineas and an half for it.

Mr. Knowlys. There was no concealment I am sure? - No.

How old was the foal? - As nigh as I can guess, about a month.

Was there any other foal with the ass, of ten months or a year old? - Never; I never saw such an one in his custody.

Where did you see the ass? - Grazing the road side, between Potter's-bar and Enfield; I took it to be his house that was by.

Mr. Silvester. That is some miles from Southgate? - Two miles across the country.

( Francis Sturgeon called, but did not answer.)

JOHN PRATT sworn.

I was servant to Mr. Kingston; I knew this ass when it was in his possession; and after, when he gave it to Mr. Curtis; I saw it afterwards at Lady Stormont's; it is the same ass; I have no doubt about it in the least.

JOHN KINGSTON , Esq. sworn.

I believe you made Mr. Sheriff Curtis a present of a milch ass some time ago? - Yes; I afterwards applied to him for the loan of it; my servant saw it at Lord Stormont's within this two months.

Was the animal you saw at Lady Stormont's, the same you gave to the Sheriff? - I think it was; I asked the prisoner whether he had any asses to sell; I was riding out that way; and having heard the ass was sold by a man in that neighhood; he said, the last he had sold to Lady Stormont for three guineas and an half; I said, that was a great price; I asked him how long he had that ass which he sold to Lady Stormont? and he said, about two years; I asked him again (suspecting him) are you sure you had it two years? he said yes, about two years.

Prisoner. I leave it to my counsel.

JOSEPH LOVATT sworn.

I work at a furrier's; I have known the prisoner eight or nine years; I was with him and his son at Smithfield, to buy a horse, on the eighth of May last; I have bought horses for him before; I could not find a horse; I met with him in the market; and while I was walking about, he bought an ass; it was a smallish she ass, with a longish shaggy coat; rather light coloured; I saw it in the yard, and at Lord Stormont's; it had no foal when he bought it; it was very heavy in foal; he bought it of one Michael Robinson ; I was not present; he put it up at the Rose; he shewed it me there; and I led it from the Rose, to the Basing-house in Kingsland-road; and I tied it to the tail of his cart, and wished him a good night: a man of the name of Robinson went down with me before the magistrate.

Mr. Garrow. Where do you live? - in Swan-alley, Goswell-street.

Is this two years ago? - No, nor one.

HENRY PITHAM (the prisoner's son) sworn.

Deposed to the same effect; and that it was the same ass which was afterwards sold to Lady Stormont; and was sure that the ass he saw in the court yard was the same;

and that they have another ass which they have had two years; and was then at home; and that they gave twelve shillings for the ass; and sold it for two guineas and an half.

(Looks at Michael Robinson , and says he is the person they bought it of.)

THOMAS CHAPMAN sworn.

Proved from his toll book, that such an ass was bought at that time, of Michael Robinson , by Richard Pitham . The deponent collector of the toll in Smithfield.

Mr. Silvester. Who do you take the account from? - From the buyer and seller; I did not see the animal.

Mr. Knowlys. My Lord, it is not competent for me to call Robinson, because he stands charged with this felony.

Mr. Silvester. We will call him.

MICHAEL ROBINSON sworn.

Deposed that he sold the ass then in the yard, to the prisoner, on the 8th of May, at Smithfield; and that it was booked; he had had it four days; and bought it of an old man and old woman, going through the Borough.

Mr. Silvester. We would not have it said that there was a witness that we would not call.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17890909-94

677. JOHN DUDLEY was indicted for feloniously assaulting William Marsh , on the King's high-way, on the 29th of July last, and putting him in fear, and feloniously taking from his person, and against his will, one watch, the inside made of metal, and the outside case covered with shagreen, value 30 s. and a cornelian seal, set in base metal, value 6 d. his property .

WILLIAM MARSH sworn.

On the 29th of July, about half after four in the afternoon, on Black Friars Bridge , I was in company with another young man; and the prisoner and four or five more passed me; I am sure the prisoner was one; then the prisoner and one other returned and shoved me against the ballus-trades, and the prisoner snatched my watch from me; I did not see him take it, I saw him endeavour to throw the watch away, it fell on the pavement; I saw a gentleman pick it up; I had him by the collar, and never left him till we got to Earl-street, and his companions came up, and struck me a violent blow on the breast, and rescued him from me; upon which I called out; I lost sight of him; but he was pursued and taken; the gentleman who picked it up, has got it now.

Mr. Garrow, Prisoner's Counsel. You know there is a reward? - I know nothing of any reward in this matter; I have received a reward about four years ago; I know of no reward till the prisoner is convicted.

Do you mean to to swear, you never had any conversation with a Mr. Bell about the reward; and Mr. Bell is a witness? - I never had any conversation with Mr. Bell.

Did you never tell him, the prisoner would weigh his weight? - No, but I told him, he was bound over to appear.

Did not you tell Mr. Bell that the prisoner would weigh his weight? - No.

Do you mean to swear that? - I mean to swear it; I have been almost eight years a constable.

Have you been a witness here before? - Yes, about seven years ago; I have not received any reward since.

JOHN RANDALL sworn.

I was on Black Friars Bridge, on the 29th of July with Mr. Marsh; five or six young fellows passed us, they went about ten or fifteen yards towards Surrey-road; they turned back, four or five of them, and began to push one another about, two of them were nearer Mr. Marsh then the rest, and shoved him close to the bridge; Mr. Marsh said, you rascal, you have got my

watch; he directly collared the prisoner, he threw the watch away; I saw it go out of his hand; I picked it up from off the pavement, and put it in my pocket; and went with them to the corner of Earl-street, where the prisoner was rescued from Mr. Marsh; I ran up Bridge-street; he ran across Salisbury-court with a mob about him; he crossed over to Shoe-lane; I never saw him after, till next day at Guildhall; I have the watch, and have had it in my possession ever since.

Mr. Garrow. You and Marsh went that day, to take somebody that had robbed Fisher and Wells? - We went to take an accomplice that had robbed them.

You know there is a reward upon this occasion? - I have heard so.

Did you ever hear it from Mr. Marsh? - I asked him what crimes there was a reward for.

Where did you ask him that? - It was in this neighbourhood; and he said there was for highway robbery.

Was it before or after you went before the Grand Jury; you had this conversation about the reward? - The bill was found, the bill of indictment.

Do you mean to say, Marsh did not tell you there was a reward? - I told you, I heard there was; but Marsh might be wrong.

(The watch produced and deposed to.)

JAMES HALL sworn.

I know nothing of the robbery; I only assisted the constable in taking him.

LEMON CASEBY sworn.

I know nothing of the robbery; I was in an eating house, and heard the cry of stop thief; I pursued him into Shoe-lane, he ran up King's-head Court, and I took him in Pemberton-street.

RICHARD BELL sworn.

Mr. March and Caseby told me, I was bound over, but I found I was not; I was on the stairs: the prisoner got away in a few minutes, I saw Marsh have a person in custody that got away; I believe it was the prisoner, but I am not quite sure; I cannot swear I should know the prisoner again, I never saw him before; a few days after, I went to Mr. Marsh's house to buy some fishing tackle, and I told him it was no use for me to attend; says he, attend, for he will weigh his weight; and smiled at me; Marsh said so; I had two friends with me at the same time, and one of them says to me; what Dick, do you mean to reblood-money? Marsh smiled at him, and said; oh! what you term it blood money, do you? yes, says my friend, I do; and I gave Mr. Marsh no answer at all; I did not ask Mr. Marsh what he meant, I heard the term, it did not want an answer; one of my friend's names, is Charles Wallis : the other is Samuel Read ; Read is out of town, but I can fetch Wallis directly.

Are you positive this conversation took place in the same way you mention it? - I take my oath of it; I swear positively it did take place.

Did Marsh ever apply to you to go to the grand jury; or to have your name on the back of the bill? - I cannot say Marsh did; I told him, I would have nothing to do with it; I met Mr. Caseby the officer.

PRISONER.

I leave it to my Counsel.

Mr. Garrow. Go and fetch Charles Wallis .

(An officer was sent for him.)

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

CHARLES WALLIS sworn.

Has any body told you for what purpose you are brought here? - No.

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

Did you ever go with him to Mr. Marsh's? - Yes; I believe it was the next evening after the examination at Guildhall;

Mr. Marsh asked Bell if he would not attend; and he said he should not, as he did not know there was any occasion; and Mr. Marsh said the young man would weigh his weight; what do you think of it: Mr. Marsh asked Bell and me, and another young man that was in the shop; what he thought of it; and the other young man, whose name is Samuel Read , he is a porter that plies at the end of Fleet-market; I do not know where he is now; Read says, what would you wish to hang the young man for the sake of the reward, blood money? says Marsh rather with a smile, blood money do you call it? them were the words, and we dame away; and we took a great disgust against the man, for speaking in that sort of manner about it.

Are you positive that in the course of that conversation Marsh said he would weigh his weight; did Read talk of blood-money? - He looked upon it in that light; Marsh seemed to smile, and said, do you call it blood money? I never saw the prisoner in my life, to my knowledge, till the next day at the examination, I was there both days, I went for my pleasure.

Court. Did you mention these expressions to any body at the examination at Guildhall? - No, this was after the second examination.

Court to Randall. On what part of the bridge was it? - This end of the bridge.

GUILTY , Death .

He was humbly recommended to mercy by the jury and prosecutor.

Tried by the London Jury before Mr. Justice GROSE.

Reference Number: t17890909-95

678. JOHN PRICE and WILLIAM POYNTON were indicted for feloniously assaulting Mary Naylor , on the king's highway on the 22d of July last, and putting her in fear, and feloniously taking from her person, and against her will, half a guinea, and 1 s. 6 d. her monies .

MARY NAYLOR sworn.

I lost half a guinea, a shilling, and a sixpence; on the 22d of July last, betwixt eight and nine in the evening, on the road betwixt London and Kentish-town; I was walking, I was returning from London; between eight and nine; and I saw the two prisoners standing in the road between Pancras and Kentish-town ; they appeared to be talking; I never saw them before; when I came almost to them, they met me, and passed me; when I had walked a few steps forwards, one of them overtook me, and went a few steps forwards; and the other, Poynton came up to me, and stopped me; it was Price that passed me; as he passed me, he pulled his hat a little over his forehead, the other stopped me; and I asked him what he wanted, and he said make haste! make haste! I put my hand into my pocket, and gave him my money.

Court. He did not demand your money? - He did not, all that he said, was, make haste; I gave him half a guinea, a new shilling and a six-pence; he took it; it was quite day light; I saw no arms of any sort.

How did he stop you? - He came and pushed his arm against me.

Did you see the other man while this was doing? - Yes, he was a little way before me holding Miss Atkinson; taking her money at the same time.

Was she in company with you? - She was; I saw no other person near; it was about three or four minutes from the time I first saw them that I gave the money to Poynton.

What happened then? - They went away, I observed nothing further.

Did Poynton cover his face? - I did not observe that he did; I saw them the same evening, about a quarter of an hour after, in Kentish-town, where they were taken; a gentleman came up the road, in a one horse chaise; and Miss Atkinson said, them men have robbed us; I was so frightened I could not speak; the gentleman called out, stop thief; I went on to Kentish-town.

Have you or have you not, upon your

oath, my doubt whether these were the two men? - Oh! I was sure it was them; I believe they were searched, but I know nothing about it.

Mr. Garrow, Prisoner's Counsel. You said, (I dare say, very fairly and very truly) that you was so alarmed, that you could not speak? - Yes.

And the time they were with you, did not exceed three minutes? - No.

SARAH ATKINSON sworn.

I was with Mary Naylor on the 22d of July, between eight and nine; we observed the two men standing on the road, between Kentish-town, and Pancras; they turned down the road, and passed us; when we got a few paces further, I heard that man bid Miss Naylor make haste; I saw nothing done to her; she seemed to be close behind me; it seemed from the time we first saw them, till they left us, to be not more than a minute; it did not seem longer; they very soon returned.

Did you take such notice of them, as that you could know either of them again? - I know them perfectly well by sight; I never saw them before; these are the two men; I am quite sure I saw them the next morning at Bow-street; I saw them that night in Kentish-town; they were brought in, in about ten minutes; a gentleman came up in a single horse chaise; I told him we were robbed, and he called out; and somebody in the fields took them; they were then behind me; I did not see them.

FRANCIS UNDERWOOD sworn.

On the 22d of July, about eight o'clock, in my return from Highgate; in leaving Kentish-town, are two roads, one to mother Red-cap's, and the other to Gray's-inn-lane; I saw two young men and women together; being day-light, I had no thought of a robbery; when I came up to the ladies, one of them was rather fainting; that was Miss Naylor; the other said, Sir, we are robbed; robbed! says I? yes, says she, indeed we are; I said, a horse and chaise is an odd thing to pursue thieves in, but I will do the best I can.

Did you see the men leave the women? - I saw them get over the rails, I suppose, as soon as they saw me; and they ran all across the fields, when I hallooed thieves; I stood in my chaise, and looked after them; I saw them make a stop in the field, before they took the road; I turned my mare about, and drove round the corner of the houses as hard as I could drive; a witness you will see presently, had got Poynton, holding him by the collar; they were one on one side of the gate, and the other on the other; I could not see them while I was driving back, on account of the houses; I said, hold him fast, for there has been two ladies robbed; I said, where is the other; that man said, he is gone across the road; up comes the other witness, and Waters had taken Poynton; when this was done, I said, secure them fast, I will turn back and meet the ladies, that they may see them; immediately, I got into the chaise, and drove back, and met the young women; I took them to the public-house, and gave the prisoners in charge to the constable; there we searched them, at the publick-house; and I found upon Poynton, the cock of a pistol, and some gun-powder, and some monies; I cannot say particularly; but I took particular notice of that: Price was searched; and, upon him there was found a silver four-pence, a silver two-pence, and a silver penny, and about a couple of shillings; there was a crown-piece which they said was dropped in the road, which I did not see picked up.

You did not know that they were the same people? - If they had not been pursued, and taken as they were; I did not know that they were the people that committed the robbery; I was not near enough to see their faces.

WILLIAM WATERS sworn.

I was going across the fields the 22d of July; I heard an alarm of stop thief! stop

thief! I turned myself round, and I saw the two prisoners running; I pursued them; I came up to William Poynton ; I laid hold of his collar, and told him he must stop; he asked me what was the matter? I told him I did not know, but he must stop till I did know; he told me he could not stop, he was going to town; I took him to the gate very nigh the road; and Mr. Underwood came up in a chaise; he asked me where the other was; he said he was going on the road; I delivered him to two men that were in the road, and went after Price; when I came up to Price, he was along with two or three gentlewomen; I cannot say which; he had got hold of one of the ladies hands; and had a crown piece in the other hand; and was going to give it to the lady, which she refused; I laid hold of his collar, and told him he must go with me; he asked me what was the matter? I told him I did not know; he must go with me till I did know; I took him across the field; and about the middle of the field, he hung back; I pulled him along, and threw him on the grass; the crown piece then dropped out of his hand; and I picked it up, and put it into my pocket; then we took him to the Castle, where they were searched; and the things the ladies say they lost, were found on them; a half-guinea, a four-penny piece, a two-penny piece, a penny-piece; I saw the half-guinea pulled out of one of their pockets; I cannot say which; Harrison, the officer, searched them; they made no other resistance, than Price hanging back in the field; I have had the crown piece ever since.

JOSEPH REDFEARNE sworn.

On the 22d of July, between eight and nine in the evening, returning from Finchley, two ladies came up to a chaise, and said they were robbed by two men; they were on foot; I immediately got over a bank; and at the distance of a field's length, I saw several people running, crying stop thief! I ran; and when I came up to the gate, the shortest of the prisoners was standing with two other persons; I said, gentlemen, which is the thief; they pointed out Poynton; I immediately laid hold of his collar; says I, my friend, you have robbed two ladies? he said he had not; says I, go with me; and if the ladies say you have not, I shall not keep you any longer; I took him to Kentish-town; and Miss Naylor said, that was one of the men that robbed us; then Harrison came up, and I delivered the prisoner to him; nobody had hold of him when I came up; I heard he had been laid hold of.

THOMAS HARRISON sworn.

I am a constable; the two prisoners were delivered to me the 22d of July, at Kentish-town, a little after eight in the evening; I took them at the Castle, and searched them; I found on John Price , two shillings, a four-penny piece, a twopenny piece, and one penny-piece, and one half-penny; on the other prisoner I found six-pence farthing in copper, two half-guineas, and one shilling and sixpence; it was a new shilling; I found also the cock of a pistol, and some powder tied up in a rag; I took them to the round-house; and before Justice Addington, who committed them.

Court to Waters. I understand you pursued these people immediately? - Yes.

Were there a good number of people in the fields at that time? - None; I saw nobody but these two persons where I went.

Prisoners. We leave it to our counsel.

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

The prisoner Poynton called four witnesses to his character.

JOHN PRICE - WILLIAM POYNTON

GUILTY , Death .

They were both humbly recommended to mercy by the Jury and Prosecutrix.

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

Reference Number: t17890909-96

679. EDWARD STUDSBURY was indicted for that he, on the 13th of August , with force and arms, upon Mary Tollin , spinster , in the peace of God and our lord the king then and there being, did make an assault, and her the said Mary against her will, feloniously did ravish and carnally know .

(The Case opened by Mr. Silvester.)

MARY TOLLIN sworn.

I am going of thirteen; I belong to the parish of Old Brentford; I came out of Ealing work-house to go out nursing; and then I went to Cranford-bridge , as a servant ; I lived with Edward Studsbury and Charles Burton ; when I went there, there were women there; but they went away, I hired myself there at one shilling a week, the parish officers did not put me there; I went there the Friday night, and the next Thursday, Studsbury and Burton began to serve me so, and I ran away on the Sunday night; I was there a week and three days.

What happened on the Thursday? - I was standing by the door; I believe it was between eleven and twelve in the day time; and Edward Studsbury took and dragged me up stairs.

Was that the first time that they had offered to meddle with you any way at all? - Yes, he threw me down on the bed, and he took and got upon me, and he entered my body, and he hurt me very much indeed, and I tried to halloo out, and he clapped his hands before my mouth, and he told me if I made any disturbance he would cut my throat, and then after he had done he said he wanted some tea and sugar, and the boy was gone out, he would have none for fear I should tell.

Had you threatened him you would tell? - No; because if I had, he would not have let me go out; the next day, Friday, I went to Mrs. Jarvis's, and I told her of it; I said, I shall not come here any more, for my master has laid with me; and she said, shame of him; and on the Saturday, Charles Burton served me in the same way; only he did not tell me he would cut my throat.

Are sure as to the hour? - I am not; this was in the bed room; nobody was in the house.

Was this done against your inclination? - Yes; it was done against my will.

Did you resist? - I tried to halloo out, and he clapped his hand before my mouth, that I should not.

Was Mrs. Jarvis the nearest neighbour to you? - No; there was a woman over the way, but I did not know her; Mrs. Jarvis kept a shop about a quarter of a mile off; and there I bought my tea and sugar: my relations acquainted the overseer; I saw my aunt on the Monday, after I ran away on the Sunday; I slept at Mrs. Holmes's on the Sunday night; there was a boy lived there; and the prisoners, and Burton, put me to bed to him; and when I went away, I was quite lousy; they put me to bed with a lousy boy; he lives there now; I do not know his name; I said, I did not like to lay there; and he said I should; they had two beds to themselves; before that, I had a bedstead and some cushions, and a good many old rags.

Did you sleep in any bed with either of these men before? - No, Sir, I never slept in a bed with them of a night, only when they served me so; both these men slept together on the Sunday night, the first night I went there; and I slept in a room by myself; on the Friday night, one of them was gone out, and one was at home; but I slept in one of the beds by myself; there were three rooms up stairs; I slept in one of them every night; the rooms had all beds in them; but there was another boy there; and the boy ran away; one man slept at Mr. Ballard's every night, while the women were there that went away; then there was a married woman and some children; and they used to lay there; and Studbury's sister and me used to lay together; she did not stay in the house long; I believe she staid till the Monday; I cannot tell.

Then, when she and the family went away, there was no woman but yourself? - No,

Then, where did you use to sleep during that time? - In that room, on the right hand side; there was a bed there; and Burton used to go to Mrs. Ballard's.

Did not you use to sleep on cushions and rags? - Yes; that was when Edward Studbury 's sister was there; that was another sister.

You had never been put to bed to this lousy boy, till Saturday night? - No.

Mr. Garrow, Prisoner's Counsel. My little girl, do you know the name of the boy? - No, I do not.

These two people lay with you, each of them once? - Yes.

They, each of them, carried you up stairs to bed? - Yes.

How did they carry you? - Studsbury took me over the arm, and clapped one hand before my mouth, that I should not halloo.

Under which arm? - I cannot tell which arm.

A good wide large stair-case? - It is not such a very wide one.

How many people could go up at a time? - It is a good long pair of stairs, and narrowish; Burton took me up in the same way.

How long was this after Burton had broke his collar bone? - He had his arm out of his sling, when he first served me so; his arm was undone before then; I cannot tell how long; I cannot tell whether one day or two; nor which arm it was.

Has it ever happened to you, to be ravished by any body but these two men? - No, Sir; I never was laid with by any body but them; I am quite sure of that.

Are you sure it was not one o'clock? - I am not sure; it was before dinner; that I am positive of.

And you always said it was before dinner? - Yes.

What time used you generally to dine? - I did not dine that day; I had no victuals; it was before two o'clock; I generally dined at two.

What time did Burton lay with you? - Between twelve and one.

You never said it was between four and five in the afternoon? - No.

Never in your life, that you are sure of? - Yes.

Can you write? - No.

Is that the mark you made? - Yes.

Your examination was read over to you, before you put your mark to it? - Yes.

My little girl, how long after these people lay with you, did you go before a justice of peace? - I cannot tell how many days.

Recollect a little; sure you can recollect. Now I will help your memory a little; first of all, you know Studsbury lay with you on the Thursday; on the Friday you told Mrs. Jarvis; on the Saturday, Burton lay with you; and on the Saturday night, they put you to bed to a lousy boy; and on Sunday, you ran away, and on Monday, you told your aunt? - Yes.

How long after you slept at Mrs. Holmes's, was it that you went to the justice? - I staid at my aunt's till the next Thursday; I believe it was above a week after I got to the work-house, before I went to the justice of peace.

Did you never say this happened between the 8th and 15th of August? - No, Sir; only I said it happened on Thursday; I did not know what day of the month myself; my aunt told the overseers, and they took me to the justice.

Have you any complaint on you now? - Yes; I have a great deal of complaint.

You have the foul disease? - Yes.

You got it then from one of these two people? - Yes.

Nobody else could have given it you? - Certainly not; I have it very bad; and so I had at my aunt's; I told my aunt.

Now, recollect yourself, and remember that nobody can hurt you for telling the truth; upon your oath, how often had you laid with that servant boy? - Sir, I did not lay with the servant boy at all; I did not indeed.

Was you never in Mr. Burton's bed room, with the servant boy, named William Johnson ? - Never.

You never asked him up in that room? - No.

He never lay with you, once, twice, nor thrice? - No, Sir.

Do you mean to swear, that the boy, William Johnson , did not lay with you three times, while you was in the service of these people, on Mr. Burton's bed? - No, Sir, he did not.

He never offered any rudeness to you? - No.

You never played nor toyed with him? - No, Sir.

Nor with any body else, but these two men? - No, Sir, I never did.

When was the boy turned away? - On the Sunday night; that was the lousy boy; the other boy would not stay; he went away of himself; not on the same Sunday.

What was the lousy boy turned away for? - They said he drank the gin; he only gave me a little drop; there were two men came by, and he gave them two glasses apiece; I had two-pence of my own; and the lousy boy persuaded me to fetch a pint of strong beer; he was turned away, because my master had been jawing him; he said he was quite drunk; and he asked me what was the matter; and the boy had been cutting me with a horsewhip, because I would not fetch a pint of beer; and I told him; I was not drunk, but they said I was drunk; just after, I ran away; and about the same time, the lousy boy was turned away; I was not turned away.

Do you remember, that before he was turned away, Burton carried the lousy boy, or Johnson, into his room, and asked Johnson how his bed came to be so beastly dirty? - I did not see him take him up; I know nothing of it; Burton asked me how came the sheets so dirty; that was on Sunday, after dinner; just before I ran away; I said, I did not know, for I had not been up stairs; no more I had.

Court. Why, had not you made the bed? - No; Burton had slept there the Saturday night.

Had you perceived your disorder come on, before you left this house? - Yes.

Mr. Garrow. Were there any marks on your linen on the Friday? - No; my linen was not bad, but I could hardly walk; the midwife said I must take a dose of salts, and I should find some disorder come from me.

Then, all the complaint you had before you left their house, was, that you could not walk? - Yes.

You was so on the Friday? - Yes.

Then, when Burton laid with you on the Saturday, he must hurt you sadly? - Yes, he did.

What sort of dirt was it that Burton complained of? - I do not know; I did not go up to see.

Did not the boy say that you had asked him to go up stairs and lay with you; and that you had done so several times? - He said so when Burton came to ask him the last time.

Did he charge the lousy boy with it? - Yes; there was but one boy there; that was the lousy boy.

Then, he asked the lousy boy how it happened? - Yes; and then the boy brought a mane comb, and said I called him up stirs, but I did not.

What else did he say that you did together, when you got into the bed room? - Sir, he said he had done impudence to me.

What impudence did he say he did to you? - Sir, he said I was looking the fleas; and he locked the door, and threw me down; I was looking the fleas, and the boy took and threw me down, and got upon me; and clapped his hand on my mouth; and that is the truth; he did all this on the Sunday.

Let me see, you was ravished on the Thursday by Studsbury; again on the Saturday by Burton; and then by the boy, on the Sunday? - Yes.

Why, the first question I asked you, was whether you ever was ravished but by them? - I said, that nobody had laid with me before this.

Jury. We are satisfied.

NOT GUILTY .

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

Reference Number: t17890909-97

680. CHARLES BURTON was indicted for committing the same offence , on the 15th of August , on the said Mary Tollin . There being no other evidence, he was ACQUITTED .

Reference Number: t17890909-98

681. CATHERINE HUSSEY was indicted for stealing, on the 15th of August last, a silk cloak, value 10 s. and a silk petticoat, value 10 s. the property of James Stephens .

(The witnesses examined apart.)

HESTER STEPHENS sworn.

I am wife of James Stephens ; I lost a silk cloak and petticoat, the 15th of August, about nine in the evening, out of the shop; I am a piece-broker ; I only saw a hand take them; I did not see the prisoner; I ran round the counter into the street, and cried stop thief; I saw the prisoner afterwards brought into my house; it might be ten minutes after; somebody gave me the things when I ran out; I am sure the silk cloak and silk petticoat that were delivered to me, were mine.

MARY FILDEW sworn.

My husband is a shoe-maker; as I was coming along on Saturday night, I heard the cry of stop thief; and I saw a woman run from the door of the passage; I saw something black under her arm; in about half a yard, she dropped them; a gentleman picked them up, and gave them to the owner.

RICHARD SYMONDS sworn.

I am a constable; and took the prisoner into custody; and produce the things.

(Deposed to.)

A bit is sewed up in the top of the petticoat; I have a gown of the same; the cloak is brown in the lining; and the lace unsewed in one place.

Prisoner. Gentlemen, Mrs. Stevens said she thought the woman that took the things, had a long-sleeved bed-gown on? - I said I thought she had, but I only perceived the hand; she was brought back by a man; and while she stood there, I thought she had a long-sleeve bed-gown on.

Court to Mary Fildew. Had the woman a bed-gown on, or not? - No; she had a gown, the sleeves of which came above the elbow.

PRISONER's DEFENCE.

My mother was in labour; and sent me for the midwife; and to buy some cups and saucers, which I had in my apron, and eight-pence in change of half a crown; and coming past this shop, there was a croud of people; and they took me; I went back directly.

Jury to Prosecutrix. Had she any cups and saucers? - Yes.

The man that picked the bundle up is not here? - No; I did not know who he was.

The prisoner called one witness who gave her a good character.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17890909-99

682. SAMUEL ALSFORD was indicted for feloniously assaulting John Bluck , Esq . on the king's highway, on the 8th of

July last; and putting him in fear, and taking a base metal watch gilt with gold, value 6 l. a seal, value 2 d. a handkerchief, value 6 d. three guineas and thirteen shillings, his property .

JOHN BLUCK , Esq. sworn.

I had been in company this day, and drank too much wine after dinner; I quitted Cheapside about six; and I do not recollect anything till about ten o'clock, when I found myself in a hackney coach; I remember getting into a hackney coach somewhere about Charing-cross; there I first missed my watch and money (as described in the indictment); then I drove home; I do not recollect when I saw the things before.

Prisoner. Do you recollect where you met with me first? - No, I do not.

WILLIAM EDSON sworn.

I am a hair-dresser; about ten minutes past nine, I first saw Mr. Bluck in Little Scotland-yard; he was sitting down on the steps, very much in liquor; the prisoner had hold of his arm at the same time; I am sure it was him; I asked a lamp-lighter, Thomas Tarrant , what was the matter; I looked at the soldier , and said I knew him very well by sight; the soldier pretended to be offended with the gentleman, for not letting him ride in the coach; he said, he knew the gentleman; he did not mention any name; then I saw him take him through the other Scotland-yard , opposite White-hall; and I saw him have his hand towards the gentleman's waistcoat or breeches pocket, taking out some silver, and count it towards the lamp, in his hand; the lamp was over his head.

Court. Did the gentleman attempt to make any resistance? - None; he was in the same condition he was before; then I went home; and the next morning, the prisoner's serjeant came to be dressed, and I told him.

Court. Did it appear to you, that the prisoner's hand was in either of his pockets? - It did.

THOMAS TARRANT sworn.

I was lighting my lamps in Scotland-yard, and I saw this soldier and the gentleman standing together under the gateway; the gentleman was very much in liquor; he just helped him up; then he pretended to fetch a coach; and the gentleman fell down again; as he was lifting the gentleman up again, I saw him take the gentleman's watch out of his pocket; I said, you are going to make a property of the gentleman; if you are his friend, put him in a coach; I saw him in Little Scotland-yard; a hair-dresser came up, and I told him that the soldier had robbed the gentleman of his watch; I believe the soldier to be the man; I have no doubt at all.

Jury. And you left him with the gentleman, after you see him rob him? - Yes, I did; and I went to light my lamps.

JOHN WILLIAMS sworn.

I am a serjeant in the first regiment of guards; I took him up with the property on him; I was informed by Edson, who said he saw the prisoner, whom he knew, and described, rob a gentleman; I found upon him a metal watch, a white linen pocket-handkerchief, one guinea, and thirteen shillings; the prosecutor swore to the watch and handkerchief; I gave the things to the serjeant major.

JEREMIAH HILL sworn.

The things were delivered to me; I produce them.

(The watch and handkerchief deposed to.)

Prosecutor. I know the watch by the maker, the dial, and the seal; I have no doubt; here are J. B. on this handkerchief; and I have a dozen of the same; the money I cannot swear to.

PRISONER's DEFENCE.

I met with this gentleman just at the corner of Exeter-change, with a great mob round him; he was very drunk;

he got me to lead him along the Strand; and he gave me a shilling at first; I led him quite through Scotland-yard; he fell down all along on his back; he said he lived at Fulham, and wanted a coach; I called one as soon as I could; and he gave me his money and watch to take care of till he came to town again; he asked me what regiment I belonged to, and I told him; he tied up his money in the corner of his handkerchief, and gave it me; and I put it into my pocket; the next morning, on guard, the serjeant spoke to me; I told him I had not robbed any body; and he found the man's money upon me, tied up.

Williams. I said, Alsford, do you know that gentleman that you robbed last night; you will certainly be hanged if you do not give him his watch and money? he said, I have neither money nor watch; and I will report you to the commanding officer, for giving me the name of a thief; immediately, I saw something in his fob; says I, what is that? why, says he, I cannot deny it is the gentleman's watch; and he took it out; now, says I, where is the money? says he, you may search me all over; and I saw him pull a handkerchief out of his pocket; says he, that is the gentleman's handkerchief and money; and I immediately gave them to the serjeant major.

GUILTY of stealing, but not violently from the person .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17890909-100

683. PIERPONT WALTER WILLIAMS was indicted for feloniously breaking and entering the dwelling house of Thomas Adams , no person being therein, about four in the afternoon, on the 28th of July last, and stealing therein, ten ounces of black silk, value 25 s. his property .

A second Count, stating that Elizabeth Clarke was in the house.

(The witnesses examined apart.)

THOMAS ADAMS sworn.

I live in Paved-alley, King-John-court ; I am a weaver ; on the 28th of July, I lost eight knots of black silk; it weighed ten ounces: I saw it about a quarter of an hour before; I went out about a quarter before two; it had no particular marks; I left it in a pan in the room; I am only a tenant to one William Rider ; he does not live in the house; we are all lodgers; I left the doors fast when I went out, and a padlock; nobody was in my apartment; the other lock was not locked, nor broke; I looked at the pan when I came in, and found but twelve; my wife and me had been out together; we had only this one room; the prisoner lived in the house eight or nine months; and went away three or four days before; the value was twenty-five shillings.

ELIZABETH ADAMS sworn.

I left twenty knots of silk in the pan, when I went out, and I found only twelve when I returned.

ELIZABETH CLARKE sworn.

I live in the room over Mr. Adams's chamber; the prisoner came up to my room twice on the 28th of July; and when he went down, I heard a rummaging on the stairs; I said, what are you doing? the people are not at home; he said he had the key; he went in; he was not in a great while; and I saw him drop a knot of silk; I said, you have been robbing the people; I said, take it up stairs, and put it where you found it; and I saw him fling it into the pan; he said he had no more; I did not search him; then he locked the door, and went about his business; he said he had locked it; I did not try.

WILLIAM BROWN sworn.

Confirmed the last witness; and saw the prisoner in the prosecutor's room.

JOHN ARMSMRONG sworn.

I took the prisoner, and these keys, he said his sister gave him; they were given me in the presence of the prisoner; I did not find them upon him; this key undoes the stock lock, and this, the padlock.

PRISONER's DEFENCE.

I went there, to the prosecutor's, to ask him to spend a penny; and he was not at home; his door was locked; I know nothing of it.

GUILTY, 1 s .

Transported for seven years .

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

Reference Number: t17890909-101

684. BENJAMIN JONES was indicted for stealing; on the 11th of July last, fifteen feet of mahogany plank, value 5 s. the property of Thomas Cooper .

THOMAS COOPER sworn.

I live at No. 99, Goswell-street ; on the 11th of July, at about half past eleven, I saw the prisoner take a plank out of my premises; I followed him up King street, into Compton-street; I stopped him there, and sent for an officer; he was committed; I never lost sight of him; this is the plank; I have kept it ever since; all the planks were my own.

EDWARD OLDFIELD sworn.

Produced the plank.

PRISONER's DEFENCE.

A man asked me to carry this board to Saffron-hill; and offered me six-pence; I walked gently on, and I was stopped; the man gave me two-pence.

GUILTY .

Whipped .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17890909-102

685. WILLIAM CAWSEY was indicted for stealing, on the 26th of July last, one half bound printed book, called the Holy Bible, value 2 s. two other books, value 2 s. a looking glass, value 6 d. and a frame, value 6 d. the property of Ann Walker .

ANN WALKER sworn.

I live in Southampton-street, Covent-garden ; I lost a part of a Bible; I missed it on the 26th of July; I had not seen it for a fortnight or three weeks before; I missed two volumes of Hervey's Meditations at the same time; and a few trifling articles beside; a small looking glass, and other things; I had not seen any of them for some time; the house had been repairing between two and three months; the prisoner was employed as a painter ; I never suspected him; I keep a school ; and the Bible was useful in my business; I saw it laying for sale at Mr. Satchell's, the end of Rose-street, Covent-garden; I was going to buy it, and gave one shilling earnest; I met a friend, who advised me to go to Bow-street; I know the Bible; I had had it twenty years; and my mother before me; the people at Bow-street went to Satchell; and he brought one Thomas; and Thomas brought the prisoner; I never found the other book; I have no enmity against the prisoner; he was exceedingly well behaved, and industrious in his business; this Bible was in a closet which was not locked.

HENRY SATCHELL sworn.

I keep a book seller's shop in King-street, Covent-garden; the corner of Rose-street; I bought a Bible and some other books; some odd volumes of Henry's Bible, of Mr. John Thomas , a fortnight since; I knew Thomas upwards of twelve years; I had no suspicion of their being improperly come by; I gave half a guinea for the three, the same day Mrs. Walker saw them at the door.

JOHN THOMAS sworn.

I saw the prisoner at Mr. Lucas's, a

sale shop, in Duke's-court, where I had seen him a dozen times; I bought both these books of the prisoner, the 21st of last month.

PRISONER's DEFENCE.

I leave it to Mr. Garrow; I had those books a long while before; I bought them of a labouring man in Covent-garden.

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

GUILTY .

Imprisoned six months .

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

Reference Number: t17890909-103

686. ROSE FLOOD was indicted for feloniously stealing, on the 14th day of August last, one blue linen apron, value 6 d. and one linen table-cloth, value 13 d. the property of William Connell .

WILLIAM CONNELL sworn.

I know the prisoner; she lived in my house; she came to lodge there on the 2d of August; on the 16th, I missed a tablecloth and other articles, out of my bed-chamber; I saw it there the day before, on the table, about three in the afternoon; I missed it the next morning; I suspected her for it; and asked her about it; and she denied it; on the Monday, I enquired in her name, at Mr. Jones's, the pawnbroker's, about three doors off; I asked him if such a thing was pawned on the Saturday, between six and seven; I saw the table-cloth; I told him to look back to the 2d of August, in his books; for I had missed several things between the 2d and that time; I missed a blue apron on the 11th; I never saw that again; the other articles are in another indictment.

Prisoner. Did I take it out of the dining room? - She was in there, cleaning the dining room out that day.

WILLIAM JONES sworn.

I am a pawn-broker, at No. 95, Rosemary-lane; the prisoner pawned a tablecloth with me; I have it here; she pawned it in the name of Rose Flood.

(Mr. Connell deposes to the table-cloth.)

Jones. She pawned it for 13 d.

PRISONER's DEFENCE.

I bought it in Rosemary-lane.

GUILTY .

Transported for seven years .

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

Reference Number: t17890909-104

687. JAMES FLETCHER was indicted for feloniously stealing, on the 8th day of August last, a cloth jacket, value 2 s. a pair of linen trowsers, value 2 s. a pair of cotton ditto, value 2 s. a waistcoat, value 9 s. a shirt, value 2 s. a pair of stockings, value 2 s. a pair of shoes, value 12 d. two linen handkerchiefs, value 9 d. one half silk handkerchief, value 3 d. the property of James Levins .

JAMES LEVINS sworn.

I lost the things mentioned in the indictment (repeating them) on the 8th of August; I brought them from Croydon on that day, to the Star in Piccadilly ; it was half past ten at night; I told the servant of the house, I was going to sleep there; and desired her to get the bed ready; I put the bundle down in the parlour, and left it there; and went into the bar, and had a glass of shub; and went into the parlour again, and my bundle was gone; I was not out of the parlour above two or three minutes; I said to the servant, it is very strange, my bundle is gone; you must know something of it; she said she did not; I went from there to Duke-street, to this young man; and said I had been robbed: we went to several pawn-broker's shops; I went to one,

and saw the bundle lay on the counter at the shop; it was past eleven I believe.

Where was that shop? - In Princes'-street; I saw the bundle on the counter; I said, them are my things; one part of the bundle was untied; the prisoner was in the shop; he staggered back; he was much in liquor, and the young man laid hold of him; I said, go out and call the watchman; he brought one; and the prisoner was taken to the watch-house; I kept the bundle myself when I was in town; and when I went out of town, I delivered it to this young man: the prisoner was so drunk, I do not think he knew what he was about.

JOHN COFFEE sworn.

I went with the prosecutor in search of the bundle, to the pawn-broker's; the goods were on the counter; the prisoner was in there with it; the man was very much in liquor; he tumbled about, as we took him along to the watch-house.

JAMES BIRKHEAD sworn.

I live with Mr. Parker the pawn-broker; I do not know the person of the prisoner: as soon as he came in, these people came and took him away directly; nobody had spoken to him; when they came in, there were more people in the shop; I do not know who put it on the counter.

NOT GUILTY .

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

Reference Number: t17890909-105

688. JONATHAN OAKERS was indicted for picking up, digging up, taking and carrying away, on the 18th of July , about ten at night, twelve plants, called melons, value 10 s. belonging to William Nelliger , Esq . without his consent .

NOT GUILTY .

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

Reference Number: t17890909-106

689. HENRY LANE was indicted for stealing, on the 1st of July last, one watch, with the inside case made of metal, and the outside case covered with shagreen, value 20 s. one seal, value 6 d. one key, value 3 d. one string, value 3 d. the property of John Gray .

JOHN GRAY sworn

I am Mr. Gray's son; my father belongs to the Excise-office; I live at home with my father; I lost a watch the 1st of July, on Wednesday morning, about five; the prisoner laid with me in my father's house; I do not know what time he took my watch; I knew him, and let him lay with me two or three nights, out of charity; I opened the door, and let him out; and he let himself out at the gate; and I went to bed again; and in a short time after, I got up to see what it was o'clock; my watch was in a tin box, an open box in an adjacent room, and it was gone; I went down to his father's at Bedford; and in consequence of some information, I found him the 16th of July; and I saw my watch at Edmonton, at Mr. Cocker's, a carpenter; Mr. Cocker has the watch; he is here.

- COCKER sworn.

I live at Edmonton; I have a watch which I bought of the prisoner the beginning of July; I cannot pretend to say the day; I met him near Newington; I was coming to town; I said, how do you do Mr. Lane? and after some discourse, he said he had lost his waistcoat, and wanted to go home to his friends; and could not without the waistcoat; that a person had took it; and he had no money but his watch; and must part with it; I told him I did not want to buy a watch; we went into a watch-maker's; the shopman said it was worth a guinea; I lent him a guinea and half a crown on it; and told him he might have his watch again; this is the watch.

(Deposed to by the maker's name, John Ballard .)

PRISONER's DEFENCE.

I told you I was going to my father, who is a Justice of Peace; and did not you bring me the watch to sell it? - I did no such thing upon my oath.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17890909-107

690. WILLIAM THOMPSON and WILLIAM SMITH were indicted for stealing, on the 26th of August last, two mahogany bed pillars, value 16 s. the property of James Brown .

The property not being identified, the prisoners were ACQUITTED .

Tried by the London Jury before Mr. Justice GROSE.

Reference Number: t17890909-108

691. SIMON SOLOMONS was indicted for stealing, on the 28th of July last, one deal box, value 1 s. 6 d. thirty-six pounds of soap, value 3 l. 10 s. the property of Daniel Hawkins .

OWEN LYNCH sworn.

I am servant to Mr. Hawkins; on Tuesday, the 28th of July, I pitched some soap on a pitching-block, Camomile-street ; a genteel man came and asked me to go for a coach; and I would not; he told me if it was a box of gold, he was a man sufficient enough to take care of it; I took my knot; and ran twenty yards, and got a coach; I mistrusted what they were about, and came back, and found the box was gone; I turned myself round, and saw the prisoner with the box; and I pursued him, and took him by the breast with the box; and called a constable.

Mr. Knowlys, Prisoner's Counsel. You thought this person had been a gentleman; and put confidence in him; and went for a coach? - I did think so.

Did you see the prisoner at the bar, upon the spot at the time? - I did not see him then; when he had the box, he was going towards Aldgate; he told me the first man gave him orders to carry it to the three Nuns at Aldgate.

Should not you have taken that or any other box for the same gentleman, if he had paid you? - I believe I should.

You say the gentleman and the other porter were acquainted; did you ever see them together in conversation? - I never did; I pitched the box in Camomile-street, close to the corner of Bishopsgate-street.

DANIEL HAWKINS sworn.

(Here is the box: he deposed to it, directed to Mr. Pickering at Bishop Storford.)

Lynch. I have had the box in my possession ever since.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. Justice GROSE.

Reference Number: t17890909-109

692. WILLIAM POWER was indicted for that he, on the 16th of July last, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, with force and arms, in and upon one John Wilkinson , in the peace of God and our Lord the King then being, feloniously wilfully and of his malice aforethought, did make an assault, and with a certain knife, value 1 d. the said John Wilkinson, in and upon his left side, near his short ribs, did strike stab and thrust, giving him by means of such striking, stabbing and thrusting, one mortal wound of the breadth of one inch and of the depth of three inches, of which he then and there instantly died; and so the jurors say that the said William Power , him the said John Wilkinson feloniously wilfully and of his malice aforethought did kill and murder .

He was also charged with the like murder on the coroner's inquisition.

The case was opened by Mr. Garrow as follows:

May it please your lordship. Gentlemen of the Jury; this is an indictment against the prisoner, which imputes to him the crime of the wilful murder of John Wilkinson . It will be my duty on the part of the prosecution to state to you as shortly as I can, the circumstances which form the leading features of this case, and from which, if from any thing, you are to infer the guilt of the prisoner at the bar. In the first place there will be no manner of doubt from the evidence, that the deceased Wilkinson came by his death by means of the prisoner; it will be perfectly clear that that fatal event was in consequence of a stab with a knife, given by the prisoner; but when that fact shall have been established, there will still remain for your consideration, under the directions you will receive from the Court, two questions; I say two, because I apprehend that the circumstances of the case (as well as I have been able to consider it) will exclude the consideration of a third; the only question will be, whether the crime shall be that of wilful murder, or some smaller denomination of offence; for I have not been able to discover any circumstances that can exculpate the prisoner from all imputation of crime. Gentlemen, I have not found that the prisoner and the deceased had any acquaintance with each other, I have not discovered any circumstance of malice or resentment which could have been felt by

the prisoner towards the deceased; the crime imputed to the prisoner seems to have been the result of a general violence of disposition and a general depravity. Gentlemen, on the day on which this melancholy event took place, on the 16th of July, a person of the name of Moses Benjamin , a witness, was at a publick-house, and sitting in a box, where a woman of the town came in; the prisoner was likewise there, and the woman for some reason that does not appear, told him she was a prisoner and in custody of Benjamin, and asked the prisoner to treat her; I believe he did treat her with some beer, and on that occasion used some very horrid expressions which will be stated; among the rest he said, d - n his eyes (with other vulgar expressions) he would stick the first thief-taker that he should see, or should come near him. What the woman said was not true, she was not in custody, and it was so explained to the prisoner; he continued, however to use several menacing expressions, directed generally to thief-takers, by the appellation of those blood selling rascals, the first of whom that came in his way he would stab; Benjamin was very much alarmed, and left the publick-house, under aprehension his life was in danger from the prisoner. Wilkinson, the deceased, who had no concern in this, came in, and I believe Benjamin informed him of the prisoner's expressions; and the deceased said to him you had much better go home about your business, and not use those sort of expressions; upon which the prisoner transmitted those expressions to Wilkinson, abused him very violently, and threatened he would cut his liver out, at the same time drawing a penknife, the deceased was alarmed at this, and sent for a constable, who came, and he gave him charge of the prisoner; the constable and Wilkinson together seized the prisoner, he resisted very much, and they found it very difficult to secure him; and I observe on the deposition of one of the witnesses it is stated that the deceased struck the prisoner at the bar several blows with a stick, which he had, in order to secure him; it was at this period that the deceased drew from his pocket that knife which he had before shewn, accompanied with the expressions I have stated, and he made a cut at the constable but missed him, and he also attempted to stab Benjamin, but he escaped, and in the instant the prisoner insticted the fatal wound on the deceased; there was a great effusion of blood; the poor man immediately called out he was a dead man, and in about half an hour afterwards he died. Gentlemen, the prisoner can have no apology to make for this offence, so as to exculpate him from all imputation of crime. You have the good fortune to try the prisoner, and he has the good fortune to be tried, under that direction which you will receive from a very learned and a very humane quarter; I am quite sure that every circumstance that can be even strained in favour of life, that can be urged in mitigation of the crime imputed to the prisoner, that can at all soften it down to a crime of a more innocent description than wilful murder, will be attended to. It is unnecessary for me to enlarge on the law upon the subject. It will remain only for me to call to you the witnesses; I shall call all those which I am instructed know any thing that passed on the occasion; and then I am sure the prisoner will receive at your hands, a fair, honest, and merciful consideration of his case; such an one he is entitled to, the laws of his country ask for such an enquiry, and in the result I have no doubt but publick justice will be satisfied.

MOSES BENJAMIN sworn.

I am a Jew, I am a hatter by trade, and I am street-keeper of Rosemary-lane.

Did you happen, on Thursday the 16th of July, to be at the King's Arms in East-smithfield ? - I was in the afternoon between six and seven, I saw the prisoner there; he came in after me, I was sitting in a box and a woman of the town sat next to me; when the prisoner came in, the girl said, calling the prisoner by his name, Mr. Power or Powell, will you give

me a pint of beer? the prisoner said, what shall I give you a pint of beer for? the woman said she was a prisoner, and taken with a warrant; the prisoner called for a pint of beer, he drank to her, she drank to me; I said I will drink none, you tell the man you are a prisoner, you are none; he says to her, who is your officer, who has got you in custody? so she pointed to me that I was the officer; and I was not; so I said to her, what do you mean by this, making the man believe you are a prisoner? you are not, you have a person here in the back place that you have taken up by a warrant (that was the fact); the prisoner immediately said damn my eyes I was stopped in this place, and I was sent to prison for four or five days, but damn my eyes (and worse expressions if possible to express them) the first of any of the blood-selling thieves that I can lay hold of, I will cut their liver and lights out; he put his hands in his pocket in a passion; and I apprehending he would do some mischief, I went out of the box, not out of the house; while I was there he did not produce any instrument; I was so frightened, I went to the bar, and said Mr. Langley give me a glass of gin; when I went out of the box the prisoner went into the yard backwards, and in the course of three minutes a woman came in and said Benjamin! Benjamin! a man has done some mischief in the yard, I wish you would go into the yard; I went into the yard, and saw the prisoner standing with his back against the wall with a knife in his hand; the yard is a narrow thoroughfare to Nightingale-lane, about a yard and a half wide; the knife was open, it was a little penknife. There was an officer, Alexander M'Call standing in the passage, who was sent for to take him, he was afraid to go near him, he was about two yards from him; when I first went out into the passage, I only saw the back of Wilkinson going out toward Nightingale-lane; he said nothing that I heard; and I heard no quarrel; I had a broom in my hand; the prisoner knew me, and as soon as he saw me he put the knife in his pocket, I believe he shut it; I said to the prisoner when I saw him putting up the knife, what have you done? as soon as I asked him the question, Peter Mayne came round another way, hearing the alarm, and says to him my friend what have you done here; you know what you have done; he said it is done now, it cannot be helped, I will surrender myself

Did any body say any thing to him more than what you have said? - Not a soul, he was taken into custody, and somebody, I believe Mayne, took the knife; I never saw Wilkinson after, either dead or alive; what the prisoner said before the justice was taken in writing.

Was the prisoner drunk or sober? - He was not very drunk; I really believe he had a drop more than I have had this morning.

Did he appear to you to be in liquor? - I believe so, not very drunk, he knew what he was about.

Court. He appeared something in liquor? - I really believe he had drank something but not much disguised.

Mr. Parke, Prisoner's Counsel. How long had you been in the house before? - About two hours.

Did you observe he was drunk? - I observed he was troublesome, I knew him before that time.

He was drunkish in your opinion? - Not very much; you know people make themselves worse than they are sometimes.

How much did he drink when he came in? - Not a drop more than that pint; I did not sit two minutes with him.

Now every thing that passed between the prisoner and the deceased in the yard was over before you went there? - Yes.

Did the prisoner eat any thing in the house in your presence? - No.

Did you see him take any thing out into the yard to eat? - No.

Did you see Wilkinson in the tap-room with the prisoner? - Yes, he passed through the house, and said to me how do you do?

Are you positively sure that when Wilkinson spoke to you, and said how do you

do? and passed on, that he did nothing or said nothing to the prisoner? - I did not see him.

Had Wilkinson any thing in his hand at that time? - He had a little switch three quarters of a yard long, this is the stick, I can swear to it (a common switch).

Speak with accuracy, whether Wilkinson in passing through the room did or did not strike the prisoner with that stick? - Not that I saw.

RICHARD COLE sworn.

I am a waterman by business; on Thursday, the 16th of July, between six and seven, I was walking up Nightingale-lane, and I came just by the corner, the oil shop, about two doors from the King's Arms in East-smithfield, just as I came round the corner the prisoner came out of the King's Arms with an open knife in his hand, and swore damn his bloody eyes if he would not stick the first thief-taker that ever he saw come near him; the knife was open in his hand, and he put it into his pocket and walked to a post, the corner of Nightingale-lane and East-smithfield, then he took his knife out again, and he had a pair of long canvas trowsers on, and he took his knife and cut a bit of the flap of them off; then he held his knife to Wilkinson, who was standing on the foot-path about two yards from him, talking to two gentlemen; the prisoner kept swearing all the time, damn his bloody eyes and limbs he would stick the first thief-taker.

Had Wilkinson done any thing to him at any time? - Nothing that I saw.

Did he strike him? - Never in my presence.

Did he raise his stick in a posture threatening him to strike him? - No; only put the stick in an upright posture, telling him to go away.

Was the soldier in liquor? - He appeared a little in liquor, but not so very bad.

Did the prisoner make any reply to Wilkinson? - He kept swearing, but I cannot recollect the particular expressions; he was damning and blasting his eyes; Wilkinson desired somebody to fetch Mr. M'Call, for he was afraid of his life; and he would give charge of him; when the man was gone for Mr. M'Call, the prisoner walked round the corner of the court, into the passage that leads to the King's-arms; that is about ten or a dozen yards; he kept muttering bad words to himself; I saw M'Call come in half a minute, and join Wilkinson; and then I saw them go together towards the passage; I did not see what passed in the passage.

What was Wilkinson? - He was an attendant at the office, I believe, which is facing the King's-arms; the next thing that I saw, was Wilkinson coming from the passage; from that way, with his left hand on his left side; and his right hand upon the left; I said, Mr. Wilkinson, are you stuck? and Wilkinson said, I am a dead man, go and fetch Dr. Davis; he walked home not quite twenty yards; I never saw him afterwards, neither alive nor dead; after I saw Wilkinson, Peter Mayne came; and I went into the passage, and there I saw the prisoner standing against the wall; that was in less than a minute; he had nothing in his hand; and Mayne took the knife out of his pocket; and as soon as Mayne took the knife out of his pocket, the prisoner said, I have done it, I have done it, I have done it; we immediately walked him into the King's-arms.

Mr. Parke. I believe this is a lock-up-house? - Yes.

When the prisoner was cutting the flap of his breeches, did he go towards the wall to make water, or anything of that kind? - No; he did not move from there, till Wilkinson bid the man go for M'Call; I saw nothing in his hand but the knife; he stood about four minutes against the post, from the time I saw him come out of the house with a knife in his hand, to the time I saw him go into the passage.

You say, what the prisoner was muttering, was to himself? - Yes; after Wilkinson had sent for M'Call, he went out of the sight of Wilkinson; and went entirely

out of my sight; Wilkinson and M'Call went directly afterwards.

Benjamin Broad called on his recognizance, and not appearing, a subpoena was made out, and an officer of the Court was sent to fetch him.

ALEXANDER M'CALL sworn.

I am a headborough of Aldgate Parish; I was sent for, near seven, on Thursday, the 16th of July; I went to the corner of Nightingale-court, which is the passage that leads to the King's-arms; Wilkinson told me that a man had drawn a knife upon him twice, and gave me charge of him.

Was the prisoner within sight or hearing at that time, when he gave you charge of him? - No; I did not see him; I do not believe he was; then Wilkinson and me went to take the prisoner; there is only one house between the street and the court.

When you got into the passage, did you see the prisoner? - Yes.

What was he doing when you first went into the passage? - Making water.

What passed between you, when you went in? - Wilkinson said, this is the man I give you charge of, for drawing a knife on me twice; and threatening my life.

What passed next? - I took out my staff, and told him he was my prisoner, and must go with me; he said he would not; I desired Wilkinson to assist me; Wilkinson laid hold of the prisoner's right arm; and I laid hold of his left arm; we got him along about two yards.

What do you mean by you got him; do you mean that you took him against his will? - I told him, it is of no consequence, my friend, you must go before a magistrate; and he rushed Wilkinson against the wall with such force, that Wilkinson fell behind him, and lost his hold.

Was this a very narrow passage? - No, Sir; the part that we were in at this time, was as far as from me to the Jury; I suppose three yards wide. Wilkinson had this stick in his hand by the middle, which is broke; is leather, in imitation of wanyee.

There is no sword in it? - No; it has never been out of my custody; he held it by the broken part; and he struck him over the back with it.

Did he strike him more than once? - I believe he might strike him as many times as three, he struck him straight up the back; not across the shouldes.

What did the prisoner do to Wilkinson, at the time he struck him? - He had rushed him against the wall with such force, that he had lost his hold; he jammed Wilkinson against the wall, ready to knock him to pieces; he was a very little man; and the most inoffensive man in the world: then Broad came up, and laid hold of the prisoner by the collar; Wilkinson then got on the side of him again, and laid hold of him; from that spot, he went quietly into the narrow passage, I suppose five yards; when he got into the narrow passage, in which it is as much as two can do to walk on abreast, Broad kept walking backwards, with his hand on his collar; I and Wilkinson held him by the arm; and he fell back; he began to be very obstropulous.

What did he do or say? - He shoved us; and rushed one way and the other, struggling and trying to get from us; then he made a stop, which appeared to me, to be with intent to throw Broad; Broad is rather bigger than me [the witness was a middle sized man]; we were about in the middle of the passage.

Court. Then, that is a yard and an half further than the five yards? - Yes; in the act of stopping, he had drawn the knife; I did not see his knife before; nor I did not see him draw it; he had drawn his knife, and made a stab at Broad; and cut through his red cloth breeches; and through the leather lining; when the prisoner saw he had not stabbed Broad, he immediately attempted to stab me; and I jumped back against the door, and avoided the knife.

Did he accompany those attempts to you and Broad, with any expressions at the time? - There was not a word said at the time; as I jumped from him, the way was wider; I quite quitted him; and was three feet from him; and he caught hold of Wilkinson by the collar, and stabbed the knife into him; into his left side, with the other hand; when the knife was in, up as far as his hand would let it go, he gave his hand a twist, and with all the heart-felt satisfaction -

Mr. Garrow. Do not talk of heartfelt satisfaction; do you state facts, and do not make comments upon them? - Well, he did shew all the heart-felt satisfaction; and said, you b - r, I have done you.

Did he say that, whilst the knife was yet in the body of Wilkinson? - At the instant he gave his hand that turn.

What happened next? - He drew the knife from the body of Wilkinson; he came towards me; Wilkinson put his hand on his side, and said he was a dead man, fetch Dr. Davis for God's sake! then the prisoner came towards me with his knife in his hand; I went out of the end of the passage, and the prisoner clapped himself against the wall; and seemed very much agitated; he had the knife naked in his hand; I stood at some distance from him a minute, when Mr. Mayne came out; then we both went up; I was afraid before; whilst he stood against the wall, he shut his knife, and put it into the pocket of his trowsers; Mayne said, what have you done, my friend; I pointed to Mayne, to take out the knife from his pocket, which he did: the prisoner said it was done, and it could not be helped.

As nearly as you can, state his own words? - He said he knew what he had done, and it could not be helped; I went to Wilkinson's; he was sitting on a chair, with his hand on his side, and reaching; I do not suppose he lived an hour.

Court. Are there any examinations returned? - There are not.

Mr. Parke. Did you happen to know the prisoner before this? - I never saw him before.

Did he appear when you saw him first, to be in liquor? - I did not observe that he was; I conceive by his conduct, he must be in liquor; I just put my staff on his shoulder.

When Wilkinson spoke, did he use the stick in any way whatever? - He did not use the stick, till he had rushed him against the wall, and thrown him on his back; I am perfectly sure of that; nothing could be done by either party, that I did not see.

What time might elapse, after you came up, to the time the wound was given? - I think it was four or five minutes, but hardly so much as five.

Court. What are you, constable or a headborough? - I am headborough of Aldgate.

Was there any constable in the passage at that time? - There was not.

Had you any warrant to apprehend this man? - No; they sent for me to apprehend him, for drawing a knife on this man.

Had you any warrant from a Justice of Peace to him? - No.

The Judges, Wilson and Grose, who were on the bench, concurred with Mr. Justice Gould (who tried the Prisoner) in opinion that this was an unlawful arrest and imprisonment.

Mr. Justice Gould. Gentlemen of the Jury; there is no question whatever, but the prisoner has been the author of this man's death; to be sure, the expressions he has made use of, are horrid and shocking indeed; but we must lay aside every incentive to indignation; we must try this cause with absolute coolness; and consider what the law of the country is; for we must not violate that law, to satisfy our resentments, which may be of infinite consequence; this man retiring into this dark passage, and being there quiet when these people came in; offering to do nothing till they attacked him; the thing being over, it was unwarrantable in these people

to seize this man thus quiet, without having an authority from a justice of peace, he was therefore illegally assaulted and arrested by these men; where a man therefore is deprived of his liberty illegally, and does an act that causes the death of the assailant, in any manner whatever, certainly by law it reduces the offence to manslaughter; that is the case; and in this state of the evidence, the Counsel admitting that they cannot vary the facts, I think you should find this man not guilty of murder, but guilty of manslaughter.

GUILTY of Manslaughter .

Guilty of Manslaughter on the Coroner's Inquisition.

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

After sentence was passed on the Prisoner for Larceny, Mr. Recorder thus addressed the Prisoner:

Prisoner at the Bar. You have been guilty of a very atrocious offence in killing your fellow creature; in holy writ we find, that whoso sheddeth man's blood, by man shall his blood be shed; your crime has been attended with every circumstance of cruelty and barbarity, scarcely to be paralelled in the records of this court or any other court in this kingdom; and yet you have not been condemned to death, to suffer the sentence of the law as a murderer; your conduct has provoked the just indignation of mankind at large; and yet such is the mild administration of the laws of this country, that the Judges have thought fit, under the circumstances of the case, to direct the Jury to spare your life; but that not from any personal consideration respecting you, but because however provoked by your cruel and barbarous treatment of the deceased, the law of this country is not to be stretched one tittle beyond the letter of it. No circumstance that respects your conduct has favoured you on the present occasion to mitigate your crime; the mistake of the officer alone, who should first have obtained a warrant before he arrested you for the breach of the peace, is the only reason that can be assigned why you should not be ordered to almost immediate execution; under such circumstances the Court will inflict the severest punishment they can on you; and I have one observation to make to you, as a man of your description seems to have very little feeling for others, and that is, that notwithstanding the punishment you will receive, if under any circumstances you should be found killing a fellow creature another time, you will be immediately condemned to execution; the sentence of the Court is, that you be

Branded in the hand with a hot iron , and confined one year in Newgate .

The Prisoner was immediately burnt in the hand in the open Court with a red hot iron .

Reference Number: t17890909-110

693. FREDERICK AUGUSTUS NEWMAN was indicted for stealing two silk cloaks, value 6 l. eleven silver tea-spoons, value 30 s. three silver table spoons, value 36 s. one pair of silver tea tongs, value 12 s. and one silver salt holder, value 10 s. 6 d. the property of John Yates .

(The case opened by Mr. Garrow.)

(The witnesses examined separate.)

AMY ALLEN sworn.

I live with Mr. Yates in Coleman-street , he is a linen draper ; I think it was on Tuesday the 21st of July , two gentlemen came about six in the evening, it might be five minutes past six, they knocked at the door, I did not let them in; Mrs. Yates was at home, Mr. Yates was at Kensington; there was a child in the house who opened the door, I being below in the kitchen was desired by Mrs. Yates to shew the lodging; I went to the passage, when I

came to the passage, there were two gentlemen, one in green, and the other in blue, which is the prisoner at the bar; the gentleman in green asked what apartments we had to let, I said only a second floor, front room, for the rest was engaged; he said, he believed that would not answer his purpose; (there was a bill to let lodgings hung up at the window); and the prisoner said to him you had better walk up, very likely they might suit you; the gentleman in green then walked up stairs, the prisoner appeared to be disposed to stay behind; upon which, when I got a step or two up, I turned round and said, will you please to walk up stairs, Sir? upon which he answered no, madam, I will wait in the passage; the prisoner continued below, I left him in the passage; I did not call to Mrs. Yates to stay with him, but I left him below, I did not think it necessary; I took them to be gentlemen; the gentleman in green said it was a very nice room, and he had no doubt but it would do, but it was not for himself; we came down stairs and then we found the prisoner in the passage, where I left him; as the other gentleman and me came down stairs, he said, the apartments were for a gentleman that was coming from France, on account of the disturbances, that the rent was not of any consequence at all, that it was not any object; that he would take it for a month certain.

That was not in the hearing of the prisoner? - In the hearing and presence of the prisoner; the gentleman said he would call between one and four to give me an answer.

Jury. How long might you be up stairs do you think? - I suppose not more than ten minutes.

After these gentlemen were gone away, how soon did you discover that any thing had been taken away? - An hour and a half before we missed any thing.

What did you first miss? - Our cloaks, that led us to a further examination, and we missed the other articles of the plate.

Where had these things been before the prisoner and his companion came to your house? - In the front parlour, the plate was in a beaufet, the key was in the door, and the cloaks were hanging upon cloak pins in the room; I saw them there not five minutes before the gentlemen came to look at the lodging, for I went to fetch the tea cups out of the beaufet; so that I am positive they were there; I am sure they were there.

How was the door of this front parlour left when you went up stairs? - It was shut but not fastened; there was no fastening at all.

How long was you absent up stairs? - I dare say we might be ten minutes in going up and coming down, for I asked the gentleman in green, if he would like to look at our first floor; it was let, but the gentleman was out of town; I dare say ten minutes were the outside.

Upon your missing these things were any steps taken to recover them? - Mr. Yates went to Mr. Booth an attorney in Craven-street.

I believe you did not see any person that you suspected until the Sunday following? - No, Sir, I was in Kensington-gardens when I saw a person that I suspected; Mr. and Mrs. Yates and me were walking in Kensington-gardens, I think it might be about half after seven on the Sunday evening, two gentlemen passed us, a gentleman in blue and a gentleman in green again; I immediately said to Mr. Yates, good God, says I, that is the man that robbed your house.

Did you say the man or men? - No, the man, because the other was not one of them that came.

What coloured coat had the man on you saw in Kensington-gardens? - A blue coat.

Then you took that to be the same man that had been in a blue coat at your house? - Yes.

And it was the prisoner? - Yes.

Did he strike you on the first sight? - He was past the length of this court and more, we met, and they passed us; Mr. Yates said, if you think so, I will turn back

and see, for Sir Sampson Wright has told me I had a right to take him; we immediately followed them, and as soon as they saw us, they turned out of the gardens immediately; they were going towards the palace, when we first followed them.

Court. Is there not an entrance to the gardens at the palace, and at this end? - There are several entrances; they came in at one gate, and we at the other; so we met; they were going in a direction towards the palace; we turned about and followed them, they perceived us follow them, and they immediately turned round, to come out of the gardens, at Hyde-park.

How long had you been going in that course, towards them, before you observed them to turn? - About twice the length of the Court; then they turned; as soon as they perceived us to follow them, they turned to come out of the gardens; but we turned after them; they turned to go short out of the gardens, and we walked by the side of them, and they passed us; we followed them; they went sometimes slow and sometimes fast; we had a hard matter to follow them, that was Mrs. Yates and me had; we met Mr. Watson, and then Mr. Yates determined on speaking to them; Mr. Watson joined Mr. Yates; I heard what Mr. Yates first said to him, when he spoke to him; he tapped him on the shoulder, and said, pray was you at my house on Tuesday night last? the prisoner said, I at your house! I never was at your house in my life: by that time there were numbers of people gathered round us; and the prisoner began to be in a passion, and swore a good deal.

Had there at that time been any explanation made by Mr. Yates, about the errand upon which he came, or any thing of that kind? - No, Sir, not the least in the world; I said to the prisoner, Sir, you have been at our house several times, for I have often opened the door to you, some time ago; to which he made me no answer.

Was that true, that you had seen him several times at your house? - Yes, Sir, it might have been four months before.

How many times do you think you might have opened the door to him? - Four or five times.

Upon what occasion was it that you opened the door to him before? - Mr. Newman had come to wish to buy some goods of Mr. Yates, for Mr. Yates to take a note from him.

Are you now stating that from the information of Mr. Yates, or from your own knowledge? - From my own knowledge.

Was you present at any time, when the prisoner applied to you or any body else, to this business? - For buying the goods; Mr. Newman has said to me he came to do some business with Mr. Yates; people leave their messages with me when Mr. Yates is not at home.

What message did he leave? - That he would call the next morning, to look at the goods.

So that you collected from the conversation, that that was some transaction about goods? - Yes.

When you saw the person in the passage, below, either when you went up stairs, or before you came down again; had you any recollection that you had seen his face before? - Not when I went up; he was not dressed so clean as he used to be, when I saw him; when I came to let him out at the street door, then I recollected that he was the person I had opened the door to before.

Did you mention that to any body, when you missed your goods? - No Sir.

Why did not you? - I do not know.

Did you know him by name, when he came to the house; did he leave his name? - If he left his name, I forgot it.

Did it never occur to you to say, that you thought one of the men that robbed the house, was a man that you had seen before: had you described the man by any token; such as that he was the man that came for goods, or that he had been there before? - No, I never particularly stated that matter, till we met him in the gardens; not that he was the man that came for the goods; because when he came for

the goods, a Mr. Atkinson always came with him, who generally spoke to me about the goods.

What did you say about it, to Mr. Yates, before you was in Kensington gardens, about your knowledge of the men? - Why Sir, I do not know; in the course of the week there were several things that passed about such a thing as that; I cannot tell what had occurred to Mr. Yates.

You stated to the prisoner at Hyde Park, that he had several times been at your house? - Yes, the prisoner did not say any thing more to Mr. Yates; he used him very ill with his tongue, shook his stick at him, and said he would put a rod in brine for him to-morrow; the prisoner then and his brother walked off to go to Hyde-park (I afterwards understood that it was his brother that was with him); they walked out of Hyde-park, and we after them; and through the Green-park, and into St. James's-park; there Mr. Watson and Mr. Yates met the prisoner again in St. James's-park; they went down Piccadilly; and we went down the Green-park.

Why did not you continue following them? - I do not know; we went into the Green-park, and so into St. James's Park, knowing that they were going along Piccadilly.

How long had you been in St. James's Park, before you met the prisoner and his brother? - I never saw any more of them, till I saw them at Craven-street; at the top of Piccadilly we parted.

How soon after that did you see the prisoner? - It might be an hour and an half after I left them, that I saw the prisoner again in company with his brother and Mr. Yates, and Mr. Watson and Mr. Reilly, and the constable; Mr. Burke was not in the room; he was in the passage; he did not immediately go in the parlour; I went into the dining-room.

What more passed between you and him, or from him in your hearing? - Mr. Burke called me down stairs, to go into the parlour; and the prisoner said to me when I went into the parlour, Madam, I should be glad to know from you, what I am brought here for? I said, Sir, you certainly know what you are brought here for; he said, I know! I wish to know it from you? I said, Sir, I do not think I am a proper person to relate to you, what you are brought here for; but you will hear it from some person that is proper; the prisoner said that he hoped I did not mean to hurt his character; and that he wished to come there to clear his character; and to know what he was brought there for, was what he came for; and he waited to know it; I do not recollect that he said anything more to me at that time; I left him talking to Mr. Reilly; and Mr. Booth was come by that time; but he was not in the parlour with the prisoner; he was in the passage, waiting to speak to me; his brother spoke to me; the prisoner was in the parlour; I should suppose he must hear it.

Have you any doubt he did hear it? - I should suppose he did.

Mr. Fielding, Prisoner's Counsel. Was he attending to you? - Yes; his brother walked with me to the other end of the room; and said, for God's sake, you will not hang my brother, will you? I said, I want nothing from your brother in the world, but to restore to my friends what he has taken from them; I said nothing more to him at that time; I went out of the room, and left them all in the parlour; and a good many people were gathered together; they continued together more than an hour in Mr. Yates's house.

What were they doing? - Talking; I was not in the room; I went up stairs and got my supper.

Mr. Garrow. Did you at any time; hear the prisoner say where he was at the time this robbery was committed? - Yes, several times after, I heard him say several places where he was.

When did you first hear him say anything about it; and where did he describe himself to have been? - In the lock-up house.

Where was it that he first mentioned

where he was at that day? - In Craven-street; on the Sunday evening, I heard the prisoner say, (Mr. Burke asked him if he would give an account of himself, where he was on the Tuesday evening,) that he should immediately be at liberty; for that was all Mr. Yates wanted to know; the prisoner said in answer, good God, he could not recollect particularly where he was; and he said oh! it is very apropos, I was at the lock-up-house from Tuesday, about three; I think he said, till the Wednesday, at eleven; Mr. Yeates immediately went out, to enquire at the lock-up-house if it was true; I forgot the lock-up-house.

Was it Laver's? - Yes, it was; Mr. Yates had not been gone more than five minutes; he was only got to No. 3, when the prisoner recollected himself, and said, oh! good God, it was Tuesday fortnight I was there, go for Mr. Yates to come back with all the embarrassment in the world.

I believe, in point of fact, it turns out that on the Tuesday fortnight he was there? - I do not know.

Mr. Garrow. It is so I am instructed, therefore your Lordship may take it so.

Amy Allen . The prisoner immediately sent for Mr. Yates, when he recollected that; he came back; he seemed confused, and said he was very sorry he could not recollect any other place he was at; he walked about the room quite confused; and at last, he recollected; and they said, if any person you know, will say they know where you was on Tuesday night, it will be sufficient; he said, Mr. Price in Northumberland-street; and Mr. O'Brien in Craven-street; and another gentleman I believe, whose name I have forgot, that would say where he was on Tuesday evening; they were sent for, but neither of them came; but I do not know for what reason; he referred to those gentlemen, to give an account where he was that evening, as he was embarrassed, and could not do it himself; I did not hear him give any account at that time.

In the end, what became of him that evening? - He was taken into custody; and detained that evening in the custody of Michael Burke ; I saw him the next morning at Bow-street; I was examined there.

Did the prisoner there, in your hearing, give any account where he had been on the Tuesday evening? - No, Sir; he was examined three times; first on the Monday morning; then in the afternoon; then on Wednesday evening.

Then in the end, I believe he was admitted to bail? - Yes, he was discharged the first time; the magistrate asked me if I had anything more to say; and I had never been at a court; and I said no; and he was discharged; he was taken into custody the same day, and examined on Monday evening; then he went to Clerkenwell, that he might recollect where he was, till Wednesday; on Wednesday he was examined again; and then he was admitted to bail.

Do you know anything more of this matter? - I do not know anything more, than his offering to give a bond for the value of the property; that was in my hearing on Sunday evening; he was very timorous about being taken into custody; the constable told him that he was really not a prisoner; that he would give him every liberty of a gentleman; and if he could say where he was, he should be discharged; and he said he would sooner pay for the property, than have his character exposed in an open court; though an innocent man, he said he had not money at present, but he would give a bond, or something of that kind, for the value.

Look at the prisoner; this you recollect is a question of great importance to him; are you sure it was him? - I am certain sure it was.

Have you the least doubt at all about it? - Not the least in the world.

Have you from the time you saw him in Kensington-gardens, to this time, entertained the least doubt about him? - Not the least in the world; I can swear positively to him, Sir; if I could not have

done it, I would not have pretended to have done it.

Did he appear to you to be dressed in the same way, when you saw him in Kensington-gardens, as he was at your house? - I believe it was the same coat; his linen was cleaner a good deal on the Sunday, which made him appear very different.

But upon the whole, you are positive he is the person? - I am.

Mr. Fielding. Now young woman, on the 21st of July, about six, it was tolerably light? - Yes, Sir.

The little girl called you up stairs? - Yes.

Who first spoke to you, the man in green, or the man in blue? - The man in green.

Had you any conversation at all with the man in blue? - Not one word then; he said he would wait below.

Did you yourself speak to him at all? - I asked him if he would please to walk up stairs? to which he replied, I will wait here if you please.

Now, mark me young woman; you yourself addressed your conversation to the man in blue? - Yes; I asked him if he would walk up stairs.

Was not it pretty dark in the passage? - There is no light over the door; but the back door is directly opposite, which was standing open.

When you saw this man in the passage; and you asked him if he would walk up stairs; having seen him as you told the Jury, before several times, did not you recognize him as an acquaintance some way or other? - No, Sir.

Then he passed at that time a perfect stranger to you, though you had seen him three or four times before? - Yes, Sir, as a perfect stranger; because the business he came on, he did not do; I did not recognize him at all.

Then you went up stairs with the man in green? - Yes.

Now ten minutes is a very considerable time to look at an apartment? - Yes.

One apartment is soon looked at? - Yes.

At first, the man in green did not seem very desirous to look at the lodging, as it was a second floor? - No.

How long might you be up stairs looking at this second floor? - Upon my word I do not know; not more than five minutes I suppose; five or ten minutes might compleat the whole.

If you would look at the clock, and see how slow the hand moves, you would see that ten minutes is a long time to look at an apartment? - I cannot justly say the time; the gentleman in green walked into the one pair of stairs, and looked at it; and walked in at the bed room door.

What became of the little girl? - She went down stairs.

Was the street door open? - No, it was shut.

Who shut it? - The child shut it.

On the Sunday, you was walking in Kensington-gardens? - Yes.

It was the Tuesday before, that this circumstance happened of the lodging being enquired after? - Yes.

You had lost your cloak, and Mrs. Yates hers? - Yes.

Did you say anything to Mr. Yates about the man in blue, or the man in green? - I never described the people at all to Mr. Yates.

Did you ever at all describe them to Mrs. Yates? - Never; never in the world; never described the prisoner, any more than we lost the things; we did not immediately suppose it to be the gentlemen that came for the lodging.

I dare say not; and I dare say it was not that gentleman that came for the lodging: did you at any time say to Mrs. Yates, good God! if it was the man that came for the lodging; surely I have seen that man before? - Yes, Sir; as soon as we had missed the things, I said so to Mr. Yates and Mrs. Yates.

What did you say to Mr. Yates? - It is of no consequence.

Tell me? - When I told him the gentlemen came for the lodging, I did not suppose them to be the thieves.

How did you describe them, when you took it into your head that they might? - Then I said immediately to Mr. Yates, it must be the man that I left in the passage, that has got the cloaks; Mr. Yates said, what kind of looking men were they? I said, he did not look so much like a gentleman, as the man that went up stairs; Mr. Yates did not stop to ask me anything further about it.

Does your memory serve you to say, that that was the observation you made; that he did not look so much like a gentleman, as the man who went up stairs? - I think that was the words I said.

Did you say nothing more? - I think not.

At first, you say, you had no suspicion that this man took the things? - We had not missed them.

As soon as you missed them, what was your suspicion? - That the person I left in the passage must be the person: I said nothing more to Mr. Yates at that time.

Did you advertize the goods, or make any complaint at Bow-street? - Mr. Yates went to Bow-street with a list of the property; Sir Sampson Wright sent to me the next morning; he examined me; and I said to him, what I have said to you; I told him it was one in blue, and one in green.

What description of the dress did you give of the man in blue; I mean the first time? - That he was dressed in a blue coat, and a striped waistcoat; and I am sure I do not know what hat; but I think he had boots on; because, when I came down, he was whipping his stick, which rattled like boots.

In Kensington-garden you saw two men; the prisoner was one; and his brother, most certainly, in a green coat, was the person in green, the person that was up stairs with you? - No; I am sure it was not.

You had not got very far into Kensington-gardens, before they came back? - No, Sir.

What did you say to Mr. Yates, when the gentlemen passed you? - When they passed us not the length of this court, I said to Mr. Yates, good God! that is the man that robbed your house.

Now, mark me; this man's countenance you had seen, when he called three or four times before? - Yes.

Then, you recollected a countenance? - Yes.

Upon your recollection of that countenance, you concluded he was the man? - Yes; I told Mr. Yates I had seen the man some where, but I positively could not recollect where.

In Hyde-park, Mr. Yates tapped him on the shoulder, and asked him if he had been at his house? - Yes.

Did he tell the young man at that time, that you was ready to swear that he had been at the house? - I dare say not.

Did he explain why he asked the question? - No.

Do not you know, after you parted with Mr. Yates, that this young man went up past Mr. Yates afterwards? - I do not know.

Having seen his countenance before, when he came, you thought it was the same man that came about the lodging? - That was the man I left in the passage.

When you left this man and his brother, and Mr. Burke and Mr. Reilly, then it was that he asked you, what he was brought there for? - Yes.

Why would not you tell him? - I thought it not proper for me to tell him any thing about the matter.

Why so? - I was unacquainted; I thought it was to be related by some peace officer.

When you did communicate that he was the person that came to Mr. Yates's house; in what manner did you say it? - Mr. Burke had told him he was not in custody.

Had you pretended then, to be half so

positive as you are now to his person? - Yes, Sir; Mr. Reilly and Mr. Booth had asked me particularly in the passage.

I want to know, whether in the presence of the prisoner, when Mr. Reilly was there, and Mr. Burke was there, you was as sure then, as you are now? - Because I did not know I was to speak.

When the question was asked you, whether he was the man that was at the house; or if you would take upon you to say that he was at the house, whether you did not qualify it in that way, saying, I think he was? - I said, for my own part, I have not the least doubt but that is the man.

Was that your expression at that time? Yes.

To whom did you say that? - To several people that were in the parlour, that asked me about it.

Did you say that to Mr. Reilly, or Mr. Burke? - I do not know that I did at that time.

Why, when you went before the Justice, was you equally positive there; because, it is very odd the Justice should discharge him? - Yes.

Equally positive before the Justice? - Yes.

You swore that he was the man? - Yes.

And the Justice discharged him out of custody? - Yes.

I see your examination has these words; that you

"believe he was the man;" was that the way in which you swore; did not the Justice say, here is a mistake: in the first examination you say thus,

"Who believes

"is the person that stole the said articles:" in the second examination you get into a more positive manner,

"Who has not the smallest doubt:" and are you equally positive now? - Yes.

What sort of a house is this in which Mr. Yates lives; is it a shop? - Not a shop.

Now, you call him a linen draper? - Yes; he has a room that he keeps his goods in, but not a publick shop.

Where is this room then; is it a mystery, a secret? - Not at all, Sir; he deals in linen-drapery; he has a room, and carries on his business there.

Is there any sign of the business? - None at all.

You had one lodger in the first floor; and had the second floor to let? - We had a gentleman in the first floor; and he was out of town at that time; I suppose he was out of town about three weeks.

What does the family consist of? - Mr. and Mrs. Yates, and myself, the child, and a female servant; we had hired a maid servant that day; and she was not come; and the child that was there, was a child belonging to the nurse that had Mr. Yates's child to nurse; she might be eleven or twelve years old.

Was that the first day she had been in the house? - No.

How long had she been in the house? - I do not know; I was in the country when she came; she had been there almost a week; for I had been home almost a week; she slept there.

Where is the child now? - I do not know; with her friends.

Who are the child's friends? - Their name is Gibbs.

What way of life are they in? - The father of her is a carpenter; I believe he works journey work with a Mr. Archibald; the mother is in no way of business; she had Mrs. Yates's little girl home to nurse.

Do you know what acquaintance this child had in the house? - I do not know; the child came out of the kitchen to open the door.

How long had you and Mrs. Yates been below in the kitchen? - The whole day; I had been to fetch the tea-cups from the parlour not five minutes before.

Who let Mr. Yates in? - I did; I did not miss the cloaks then.

How long was it after Mr. Yates had been in the house, before you discovered that the cloaks were gone? - I suppose it might be a quarter of an hour after Mr. Yates came home; in the whole, an hour and an half.

Now, what sort of situation are those houses? - Iron rails before the parlour windows; but we never leave any windows open, because there have been many alarms of thieves at the tops of houses.

In fact, you had had nobody to act as servant, but the child, for a week? - No.

When had it happened to you and Mrs. Yates, to be out, before this day? - The evening before.

Had you any occasion for your cloaks this day? - No.

Mr. Garrow. Had you observed your cloaks five minutes before? - I did observe them.

From the time the prisoner and his companion went away, till you wanted your cloaks, was there any body else in the house? - Nobody came into the house.

Mr. Fielding. Do you know where the father of this child, the carpenter lives?

Mr. Yates. In Liquor-pond-street, Gray's-inn-lane.

JOHN YATES sworn.

I live in Craven-street; I am a linen-draper; about seven, on Sunday afternoon, we were coming from the palace in Kensington-gardens; coming to London, towards Hyde Park gate, there were a number of people; and two gentlemen went past us; the young woman immediately called to me; says she, that is the man that we left in the passage on Tuesday night? I said, then let us turn about, and look at him; and I said then, immediately, that was him that wanted some goods of me some time ago? and she said, yes, so it is: upon our turning about to walk after him a little way, he looked over his shoulder, and saw us.

Court. Did you see him look at you? - Yes; I saw him look very positively in my face; they turned about, and went to town; and walked very fast; and upon our following him, he immediately turned; and with another gentleman with a green coat on, he immediately turned towards Hyde Park gate; he was going towards the palace before, he walked very fast indeed; we followed after him; and I mentioned I wished I could see somebody and I would ask him; and when we came out of Kensington Gardens coming into Hyde Park; he walked very fast indeed, and sometimes ran a little, and we also; when we were almost at Hyde Park Corner, I met one of my friends, Mr. Watson, and I asked him if he would step with me; I took his arm and went up to Mr. Newman, and clapped him on the shoulder, and took him about twenty paces from the gangway; and said to him, Sir, I believe you are the gentleman that called at my house on Tuesday evening.

Mr. Garrow. Was that all you said till he gave an answer? - It was; and instantly upon my saying that, he said, you scoundrel, you rascal, you blackguard, what do you mean? I am a gentleman, says he, you do not know any thing of me; yes says I, I do; oh yes, says he, I remember, I believe you live in Craven-street, but you do not know my name; I said, I did not recollect it; but says he, I will lay a rod in soak for you; my attorney's name is Smith, he lives in Clerkenwell; I will lay a rod in soak for you; I will do for you; I said, I did not care what he could do, I wished this young woman could positively swear to him; there came a number of people up, and him and the gentleman that was with him went away very fast.

Before they parted, do you recollect Miss Allen saying any thing to him? - Miss Allen, I believe, said to them that she knew him perfectly well.

Did she assign any reason to him for her knowing him? - There were a number of people; I cannot say whether she did or no; he shook his stick at me; upon this him and his brother went away very fast; there was a good many people came up, and they got off; we parted with him there; we came out into Picadilly, he was in Picadilly before us; and we lost sight of him, as soon as he got into Hyde Park Gate; we went into St. James's Park, and in coming through St. James's Park, we met him and his brother again; he was

coming as if he had come in at Spring-gardens Gate; he said it was his brother afterwards; upon meeting him there, Mr. Watson was with me; and I went up to him again, and I clapped him on the shoulder, as I did not know what he would do, and I said if I have done any thing to offend you, we had better go and have something to drink, and make it up; when we came out of the Park he wanted to go into the Cannon coffee house; but I said we would go home and have something to eat, and I would make any apology to him as a gentleman; but I still suspected him to be the man; then when we came home he wanted to see the young woman, to see what she had to say to him; and I immediately sent for one of the neighbours, to ask his advice, what to do; and I sent for Mr. Reilley, and we sent for a constable; he had a good deal to say about it, that he did not know what it was we meant to accuse him of in Hyde Park, as a gentleman, and wished to know what we had to say to him; I never said any thing, nor accused him of any thing, till the officer was come, and it was some time after that he was accused; immediately on his being accused with the thing, he flew into a very great flutter, and cried, and threw himself round; and his brother in the same manner, he cried his God, what would he do, he was a ruined man; and what would he do, he was quite innocent, what would he do, and threw himself on Mr. Watson, to support him; and that was all that I heard him say; that he was quite innocent of any such charge, that he was in the country, that he could easily prove where he was on that day; and he still said he was a gentleman; then after he was charged with taking away the goods, he was desired to recollect where he was on Tuesday, and if he was innocent we were to make an apology to him for troubling him; he said should he be obliged to tell where he was on Tuesday; he said that his substance was very much exhausted, and that he was arrested at the suit of Mr. Groves, on the Tuesday, and was at Laver's spunging-house; Mr. Burke then the constable, desired me to go to see; I went out to go to Mr. Laver's; and I was not gone but a very little time when they called me back; and then he said he had made a mistake, that it was on the Tuesday preceding; and it turns out that he had been there that evening; he then said he had been at Mr. Sterling's wine-vaults in the morning, that he had been drinking, and was drunk there the whole day; I knew Mr. Sterling, and upon my proposing to send for Mr. Sterling, he said he believed it was not on the Tuesday, he mentioned some other day; he then asked me what the value of the property was, that I had lost; which I was desired by my neighbours not to put any value, nor to say any thing about it, unless he returned the things themselves; he often told me that he would sooner pay for the property and have done, than have the risk of standing the trial.

Recollect his particular expression, and do not introduce any thing of your own into it? - He asked me the value of the property, and that would be much better for me than to run the risk of a trial; and the young woman she said she would swear positively to him.

Mr. Fielding. Did not he add, though he was innocent? - Yes, he said though he was innocent.

Did not he say this, than have his character exposed in a publick Court? - Yes, he said so.

Always insisting, however, he was innocent? - Always insisting that he was innocent; he referred us to Mr. O'Brien to give him a character, he sent for him, but he did not come; then he mentioned Mr. Price, an attorney, in Northumberland-street, to give an account of him; and his brother went out and staid out, for some time, and came back again; and on his return he said he had found out now positively, where he was; but he said that in the passage.

Do you mean that they were to give an account, who he was, or where he was? - To give an account where he was that

Tuesday night; the prisoner said no more to me, but that he would sooner pay for the property; in the end he was taken away in the custody of Mr. Burke, and the next day examined at Bow-street and discharged; and in the evening taken into custody, and re-examined; then committed till the Wednesday; re-examined, and then admitted to bail.

Before the magistrate, did Mr. Price attend, in the presence of the prisoner? - I do not know, I do recollect seeing him there; I heard in the evening what he said, but not in the forenoon.

Was he examined at the desire of the prisoner, and in the hearing of the prisoner? - It was in the prisoner's hearing that he spoke to the Justice; he said that he was at his house about six, and left the house a little before six; the prisoner brought a Mr. Read there.

You spoke of the prisoner, as a man that you know on some former transaction; what was that transaction? - One Atkinson came to me, and wanted me to sell some goods to a friend of his, and take a bill; the prisoner called different times at my house, when I was not at home; I went to the Cannon Coffee-house, to meet the prisoner, one evening; he gave me a direction to the gentleman; but by the behaviour of the prisoner, and the gentleman recommended to me; I declined having any thing to do with it.

Mr. Fielding. He had been at your house, we have understood, frequently? - I have only seen him once at my house, and once at the Cannon Coffee-house; but I have seen him often in the streets since; I know him perfectly well; he never told his name.

Have not you heard from Mr. Allen that he had been at your house? - Yes, but he did not leave his name.

Mrs. Allen acknowledged to you in Kensington Gardens, her recollection of his person? - Yes.

Therefore this man knew a little of you; you knew a little of him; and his person was known to Mrs. Allen? - Yes; whether she recollected him, I do not know.

Why, she said she did, you said that was the man that wanted to have the transaction with the goods; she said it was? - Yes.

Now at the time these things were lost, who made the discovery of the loss? - Upon my coming home; we was going to ship some goods; I told this young woman and my wife, if they would get themselves ready, I would give them a sail to London-bridge; immediately they went into the parlour, and missed their two cloaks; and they immediately said there was nobody in the house but these two gentlemen, that came to take the lodging.

Did they describe the persons at all? - Yes, they described the persons, one with a green coat, and the other with a blue coat; and Mrs. Allen said, she knew him, but she did not recollect who he was.

How long ago might this be, when you had the transaction about the goods with Mr. Newman? - I think it was the 31st of January.

Now when you went out of Kensington Gardens, and clapped him on the shoulder, you asked him if he had been at your house? - Yes.

Why did not you accuse him at once of being the person that was at your house? - I do not know why, but I did not.

There were some warm words passed between you? - He was very warm with me, but I was cool.

You have have given me an expression, which I have taken down, and I want to know the reason of this expression,

"because I still suspected him to be the person that took the things;" but you could have no reason to suspect him, but from what she told you? - And by knowing his former character.

What made you wish the young woman could positively swear to him? - Because I thought if she could, I should get my property again.

What made you say so? - I do not know.

However that was the expression you used,

"I wish this young woman could positively swear to you"? - Yes.

When you lost sight of him, where did he go? - I do not know.

Do not you know he went along Piccadilly? - No, I do not.

Do you believe he went through St. James's Park, out of Hyde Park Gate? - I do not know.

Have you never heard from Mrs. Allen, that he went along Piccadilly? - I never heard from her.

Has she never told you so since, that he went along Piccadilly? - Yes, she has told me so, and so did others.

Whereabouts was it in St. James's Park that you met again? - It was a little on this side the chairs.

Court. Has that been since you came home to Craven-street, or was it when you came out of the Park? - I do not remember.

Did not she tell you so at the time? - Not that I remember.

When did she tell you so? - I cannot recollect positively what time; I clapped him on the shoulder, in the same manner, in St. James's Park, and told him if I had done any thing to affront him, I was ready to make him any apology; says he, I wanted to see you.

Mr. Fielding. Now you see another circumstance has escaped you which you would not tell my friend here, he said to you

"I wanted to see you?" - Yes, after I came up to him, he said he was going to send to his Attorney, Mr. Smith, who lived in Clerkenwell; and he wanted to see me before; and he asked me what I meant by accosting him in Hyde Park.

Did you tell him? - No, because I did not chuse to accuse him with it.

Court. Why not? - Because in case I had accused him wrong.

Mr. Fielding. Did he object to going with you? - He objected to going home with me; he proposed going into the Cannon Coffee-house with me, to have something to drink, and to make an apology to him, for stopping him, as he was a gentleman; I said you had better go home with me, and we will have something to drink; and if I had done any thing to offend him, I would make an apology to him.

Did you say any thing to him at your own house, about the charge, before Mr. Burke and Mr. Reilly came? - No.

Did you make known the charge, and in what manner? - That this young woman said he was the man that was left in the passage; and that I had been robbed that night.

And he flew into a great passiion; and cried out; and said he was out of town; always persisting in his innocence; and saying he would rather pay the value of the things, than have his character exposed, and stand a trial? - Yes.

When was Mrs. Allen called in? - When the charge was given of the property; she said he was the man that she left in the passage.

Did he ask her whether she could say he was the man? - I do not remember.

That is very odd, your memory serves you very accurately in other things? - She said he was the man that had taken the property.

Who asked her about his being the man; was it you or Burke, or Reilly? - It was me that accused him with the property being stolen; and she immediately said he was the man.

What were your particular words? - I said, I have been robbed; and this young woman says you are the man that did it.

Was it after your so saying, that Mrs. Allen stood forward, and said he was the man; was that the first time that Amy Allen had accused him to his face? - No; I believe not; I believe she had before.

When was it? - I do not know; I was not in the room.

What led you out of the room? - I went to advise with the neighbours.

Why, you had called in Mr. Reilly and Mr. Burke; did you want further advice? - If I remember right; I believe I

went out to speak to another of the neighbours, to ask him what I should do, before I would charge him.

Why, when you was in possession, as you have told us over and over again, of the assertion of that young woman, did you hesitate at all about it? - I did not know what to do.

Why, had you found any circumstance in addition; have you found any of the property? - No.

Have you advertized it? - Yes.

Do you know where the child's parents or friends live, that happened to be in the house at that time? - In Liquor-pond-street; she is about twelve or thirteen years of age; a daughter of the nurse's.

How far is Liquor-pond-street from you? - It is in Gray's-inn-lane.

Does the nurse visit at your house? - Yes, sometimes.

How long has the child of the nurse lived with you? - About three weeks or a month.

When Burke and Reilly had this young man there, what did they say? - They told him he was not in custody.

Did he attempt to make any escape from you? - He did not.

Did he insist on the matter being enquired into? - No, he did not.

You went before the Justice Addington; you made your charge; and he was discharged? - Yes.

Where did he go to, when he was discharged? - He went to Mr. Reilly's.

What, to the Globe Tavern, the corner of Craven-street; when was he apprehended the second time? - I never had anything to do before a Justice; and I told the Justice he had offered to pay for the goods; and I asked him in what manner I should proceed, so I did not touch his life.

Did you tell the Justice at the same time, that he had declared his innocence of the transaction; and that it was only to keep his character from being exposed? - No, I did not; I called the Justice into the back parlour, and told him I would be obliged to him, to tell me in what manner to proceed against him, not to touch his life? the Justice said, as a magistrate I will do my duty; and he examined him; and discharged him; then Mrs. Allen said he offered to pay for the goods, which the Justice had not been told; and immediately the Justice ordered this warrant to take him up again; to pay for the goods, he thought, that was a sign of guilt; and ordered this warrant to take him up again; then I was called upon again, to give the same evidence, when I was examined, I told the magistrate the whole transaction; I told the magistrate that he did not confess to the property, but he had offered to pay for it.

Did you tell the magistrate the whole circumstance, that we have come at here; that the man declared and protested that he was an innocent man; but that to save his character, and the risk of a trial, he would rather pay for the goods? - In the evening, Mr. Addington and Mr. Bond attended.

During the time he was committed, there was an advertisement, calling together all the people whose lodgings had been robbed? - I believe there was.

Do not you know that many people attended at the office? - I believe they did.

You saw them there? - Yes.

Were not they all asked whether that was the man? - Yes.

Did not they all say that he was not the man? - Yes.

Were you present when he was admitted to bail? - I asked the Justice; they took bail for him; I had enquired after the goods, and had not found them.

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

Reference Number: t17890909-110

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 9th of SEPTEMBER, 1789, and the following Days;

Being the SEVENTH 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 VII. PART VIII.

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 Frederick Augustus Newman .

THOMAS WATSON sworn.

I am a neighbour of Mr. Yates's; on Sunday, after Mr. Yates was robbed, I met him and Mr. Yates, and Miss Allen, in Hyde Park; he said something to me, in consequence of which, he and me went up to the prisoner; Mr. Yates tapped him on the shoulder, and said, my friend, I want to speak to you; the prisoner followed about twenty yards out of the croud; and the first thing Mr. Yates said, was, you was at my house last Tuesday night, Sir? the prisoner immediately flew into a passion at these words; and said, I at your house! what do you mean by that? I never was at your house but once (I think he said) in my life; and threw out some threats to Mr. Yates, what he would do to him for that; and walked off; there was a very great croud came together in a moment, which might be a reason for his going off.

And Mr. Yates did not say to him, what he had against him? - No; after that, we lost sight of the prisoner in Hyde Park, on this side the Serpentine River; about half way between the Serpentine River and the gate; and we were coming down St. James's Park, towards London; the prisoner, and the gentleman that was with him, who was his brother, met us, I did not see them, but Mr. Yates did; Mr. Yates said to me, there, they have passed us again; now, if you will go back with me, we will follow them, and take them into custody? I said I would go back with him; when we came up to them, we told them that we had a little business with them, if they had no objection to going along with us; I believe Mr. Yates spoke first; and I said to the prisoner, Mr. Newman, this is not a place to talk about business, let us go somewhere where we can talk the matter over quietly; and then Mr. Yates will explain it to you? and he said, certainly, he had no objection to go; and he said, I am come here on purpose to seek you; I did upon my soul; for I wanted the business explained to night; I have known him this seven or eight years by name, not further; but I know that was his name; I do not know that I have spoke to him these seven or eight years before: going through Spring-gardens passage, some words passed between Mr. Yates and him; I heard Mr. Newman threaten

to knock Mr. Yates down; but I did not hear what Mr. Yates said to him; then he went quietly with us to Craven-street; I was chiefly in the parlour with him and his brother; there was a little delay in explaining the business; the constable was sent for; and after he came, the business was opened; there was Mr. Booth the attorney; and Mr. Reilly of the Globe, and the constable; the delay was occasioned by sending for the constable; the constable opened the business to the prisoner; the prisoner said, that is a very serious charge; I am very glad that I know the business; it is a very serious charge indeed; but I have it in my power to clear myself of it immediately; he then carried the matter with a high hand, and used some threats to Mr. Yates.

I wish you would not describe it by epithets of your own, but tell us what he said? - Then he said, there is a matter which I must inform you of, though it is very disagreeable to me to relate it; but I must in my own vindication. Last Tuesday night you was robbed? Mr. Yates said, yes: last Tuesday morning, says he, I was arrested; and was in a spunging-house in Chancery-lane, from Tuesday morning to Wednesday evening; after that, the constable then told me that he was very glad the business was likely to end so very happily; in the first place, says he, we will send to the spunging-house, to see if you was there at the time; and Mr. Yates and another gentleman that was there, whose name I do not know, were appointed to go; they set out; and as soon as they got into the street, the gentleman that was with the prisoner, that was his brother I believe, said to the prisoner, was it last Tuesday night, or was it the Tuesday before; upon which, the prisoner then immediately said, oh! good Good! it was the Tuesday before, call Mr. Yates back, call him back, it was the Tuesday before; Mr. Yates was called back; and after that, the prisoner's behaviour was very different to what it was before; he seemed very much affected; he carried it with rather a high hand; he wrung his hands, and said, good God! I cannot recollect where I was on Tuesday last; and was in as great distress as ever I saw any body; he was advised to sit down, that he might recollect, which he could not, he mentioned a great many people that would come to speak to his character; I believe Mr. O'Brien was sent for, and refused to come.

Did you hear the prisoner name any other place where he said he had been? - I did not; he said Mr. O'Brien, and some other gentlemen he mentioned, would all come and give him a very good character.

Do you remember Mr. Price being named? - No, I do not think I do; I do not think he named him; there might be a good deal of conversation which I might not attend to.

Did you understand that Mr. O'Brien, and the other persons in the neighbourhood, were to come to speak to his character; or did they know anything about him? - Only to speak to his character; he was committed that night; I attended one examination; I was not there the first time.

Mr. Fielding. Mr. Watson, you seem to have a perfect memory of what passed, on Mr. Yates's meeting him in Hyde Park? - Yes.

He said to him, you was at my house last Tuesday night, Sir? - Yes, he did; they were the very words he used; upon which, he answered, I at your house! I never was there but once, that I recollect.

Then he did not disclaim all knowledge of him, but seemed to acknowledge that he had been at his house; and that he knew him? - Yes, about three or four months before.

What passed immediately after? - Why, upon my word, I do not know exactly, what might pass, as he was not half a minute before he walked off.

Now, when Mr. Yates walked up to

him, and tapped him on the shoulder, and said this to him, where had he left Mrs. Allen? - A little behind.

Then, the confusion that took place, happened between you and Mr. Yates, and Newman? - Yes.

Mrs. Allen was not at all incommoded by this? - Certainly not; I think not.

She said nothing at all to him? - Not that I know of; I think she did not.

At that time, she did not pretend she had known him or seen him before? - Not in Hyde Park; for he was not half a minute before he got off, there was such a croud.

Now then, you can tell whether Mrs. Allen said on that occasion, I know you, I have seen you before? - He did not pretend at all, that he was ignorant of Mr. Yates; he could not, by giving that answer.

Nor did Mrs. Allen on that occasion, say to him, I know you? - Mrs. Allen might say so; I cannot tell.

You have told me that this matter lasted a minute or two; and that when Mr. Yates spoke to him, you was near him; and Mrs. Allen somewhat behind? - She was; I did not hear her say a word; it might be the confusion; Mr. Yates had not explained the business to me; the words might pass, but I did not observe them.

How far did you go in Hyde Park, before he escaped from your sight? - Not ten yards.

Did you see anything of him, when he went out of Hyde Park? - No.

Do you know whether he went down Piccadilly or not? - No, I do not; I should rather imagine that he went down Constitution-hill, and so turned back.

Where was Mrs. Allen? - She might be sometimes twenty or sixty yards behind.

If she was rather behind, and Mr. Newman and his brother were rather before you, it was more improbable that she should observe, than you should? - It was; she was the greatest part of the way behind; I thought in my own mind, that they had come down Constitution-hill, and had turned back again.

On the accusation being made in this way, when was it that Mrs. Allen was called on to speak to what she knew of the matter? - After the business had been opened to the prisoner by Mr. Burke the constable.

Do you remember Mr. Yates saying to Newman, I wish this young woman could swear positively to you, in Hyde Park? - No, I do not remember that; he might say so, I was so confused; the people gathering, I might not attend to understand it.

When did Mr. Yates first tell you anything about his intention of speaking to Newman at all? - Never; he desired me to follow him, but never told me a word of what he was about.

After the first meeting, what did he say to you? - He told me coming along, the business; and that Miss Allen pointed him out, as the man she left in the passage.

Where was it, in Craven-street, that Mrs. Allen was called in to tell Burke, or anybody else, what she would say? - I do not think she was immediately called in; I should imagine Burke had talked to her; he was in and out several times; and he seemed to know so well what Miss Allen could say.

Do you recollect when Burke went to Mr. Newman, he was not in custody? - Yes; that was before Mr. Yates had gone into Chancery-lane; and it impressed every body that was there, particularly myself, that however one person might be like another, he could not be the man; and Mr. Burke then said, you are not in custody now; you are welcome to go now; he made no attempt to go; on the contrary, I think he said, I do not chuse to go.

Now, as soon as ever he was desired to recollect where he had been on the Tuesday night, he first thought of this place, Laver's, the officer's? - Yes.

Then he immediately rectified that mistake himself, before Mr. Yates had gone far out of the house? - Yes, by his brother.

Was Mr. Price sent to? - I do not

know; I think he was not, but I cannot say.

You say, that when Mr. Newman was attacked by Mr. Yates, and Newman had agreed to go home with him, that in that passage they had some high words; and he threatened to knock Yates down? - Yes.

So that on that occasion, he had exasperated Mr. Yates considerably? - Yates had exasperated him; Yates appeared in a very good humour at home.

Mr. Garrow. Mr. Yates shewed his exasperation, by desiring him to be admitted to bail, and not indicting him for a capital offence.

- BURKE sworn.

I was at Mr. Yates's on Sunday evening; when this gentleman was there; I believe it was about 10 on Sunday evening, the 26th of July, I was sent for to Mr. Yates's in Craven-street; after I took the prisoner into custody, he seemed exceedingly agitated indeed; and cried that he should be ruined; I explained to him why I took him into custody; I told him I was an officer of the parish, and was sent for to take him into custody, on account of a robbery that Mr. Yates had sustained the Tuesday before; the prisoner seemed very much agitated, and asked the consequence of it; I told the gentleman, that that if he could not disprove what the young woman, Miss Allen, had before told me in the passage, that it was my duty to hold him for that night; and to bring him the next day before a magistrate; and I believed, if he could not there disprove it, he would be committed: Mr. Newman asked me what was likely to follow afterwards? I said, if he was committed, of course, a trial would be had; and if he could not disprove it, I was afraid conviction would follow; but I told him I was not much acquainted with such things; but I said to him, Sir, you seem to be a gentleman, and if you can satisfy me where you was on Tuesday night, when the robbery was committed, I will be very happy to discharge you; upon which, Mr. Newman told me he could: and it was now necessary he should explain his situation; on that day, on the Tuesday this robbery was supposed to be done, he was arrested at two o'clock, and had to the house of a Mr. Laver, till between 10 and 11 the next day; and said, there was a gentleman or two in my neighbourhood, naming them, who would satisfy me of the truth of that assertion; I said, Sir, I shall think it no trouble to attend you here, while I send the man of the house to Mr. Laver; and that will be the surest means of being certain; I called in Mr. Yates, and told him, Sir, this gentleman says he was so and so, as I have now described to you; I desire you will take your hat, and go yourself, that you may be sure of the truth of this matter; and know whether it is so or not: Mr. Yates left the room; and in a very little time after Mr. Yates was out of the parlour; a very little time indeed, it was; I cannot pretend to say how many minutes, Mr. Newman seemed to recollect it was the Tuesday se'nnight; I will not be positive; but as far as my recollection can fairly remember, he seemed immediately to recollect it himself; I immediately called the first I saw, which was Mr. Reilly's apprentice boy, to fetch Mr. Yates back; in the course of that time, Mr. Newman again called me aside in the parlour, and asked me over again, what I thought the consequence of this prosecution would be; or whether I imagined the young woman would positively swear to him; I had told him she would positively swear to him; I told Mr. Newman, that though a neighbour, I was an intire stranger to the people of the house; and never had seen or conversed with them before; which was the truth; but that I should advise her over and over, to be very positive in her assertions; and if she did, I thought it would be serious; upon which, Mr. Newman seemed very much distressed indeed, and mentioned his character, which he said would suffer very much by a publick prosecution, by a publick trial; and under that idea; and seemingly under

the idea of getting rid of a publick scandal, he offered to pay for the things; on account of some suits he had in Chancery, and the honor of his family; but all the time asserting in the most solemn manner, that he was to every intent and purpose innocent of the fact; I told him that as a constable, I did not think it was proper for me to hear of any conpromise; nor did I think it safe for the prosecutor to accept of any; but if it was, it must be conducted through some other medium; I then urged the gentleman to reconcile himself, and to recollect where he had spent the Tuesday, assuring him my time was not so precious, but I should be ready to attend him, to satisfy the man of the house, and acquit him: Mr. Newman in a very great agitation, seemed at a loss to know where he was; but a brother of Mr. Newman's who was all this while there, said he would go and bring a certain account where Mr. Newman was on Tuesday; that was in the presence of the prisoner; he took his hat and went out of the house, for that purpose; he returned in some short time afterwards; I cannot be particular to the time, it might be half an hour; and when he came into the parlour, he sat down, and said I now have found to a certainty where my brother spent the day on Tuesday; I said I should be very happy to know; and he said, that early in the day, on Tuesday, in the hearing of the prisoner, he went to Sterling's wine vaults, in the Hay-market, where he drank freely, got partly intoxicated, fell asleep, and staid till late in the evening; I immediately said, is Mr. Sterling coming here to satisfy me of the truth of that? he said he was, as I understood his brother, said he was coming; I waited two hours, and no gentleman or others appearing; I took him to the watch-house.

Did the prisoner make any observation on what his brother said? - The prisoner heard his brother give this account, and he did not contradict it, that I am sure of; but I cannot remember whether he said any thing to it.

Did he hear your enquiry, whether Mr. Sterling was coming? - He certainly did.

He heard the answer, that he would come? - I believe so.

After waiting as long as you did, did you make any observation on going away? - So far, that I was exceedingly sorry for the disappointment; and that I found it my duty to take care of Mr. Newman till the day following, and that there was no place I could take him to but the watch-house; and I told him any little civility I could shew him I would.

When did you say to him, you did not consider him as a prisoner? - That was before I took him into custody; that was before I heard what was said by Miss Allen; I thought at all events I would wait to see his conduct on the occasion; and if I found he abruptly attempted to go away, I would run the risk; but in the mean time Mr. Booth, a gentleman of great reputation, came in and removed my doubts; and it was on that I desired Miss Allen to come into the parlour and point out the identical man, which she did.

Mr. Fielding. In some conversation Mr. Newman said you are an officer? - I said yes; he said then I suppose I am in custody? I said no, you are not, you are at liberty to go about your business; and he did not offer to go away.

Protesting his innocence? - I afterwards, by advice of Mr. Booth, conveyed a line to the prisoner; if he would confess the things, and pay for them, article by article; the prisoner said he was willing to pay for the things, but solemnly protesting he could not confess to a thing he was innocent of; he proposed paying for the things by his own, and his brother's bond; I attended the magistrate with him the next day, and then he was discharged.

Did you know where he went to? - No, I did not; I found him afterwards at Mr. Reilly's house, the corner of Craven-street; he made no resistance; I found him in Mr. Reilly's Coffee-room.

Court. Prisoner at the Bar, now is your time to make your defence; do you

wish to say any thing for yourself, or do you leave it to your counsel? - I leave it to my counsel.

LUKE REILLY sworn.

I believe you live at the Globe in the Strand? - I do.

You was sent for to Mr. Yates's house, on the Sunday night, when Mr. Newman was taken? - Yes, Sir, I had heard of his loss before; he ordered a shilling's worth of rum and water, and he begged I would go over; I went with it, and I saw the prisoner and his brother; the prisoner said, as near as I can recollect, pray what have you to say against me; Mr. Yates told him he should know it in a little time; upon which, with a good deal of excuse, I believe Mr. Yates had sent for the constable, though Mr. Yates said, I was the person that directed him; Mr. Yates and the constable, both, had told him he was not then in charge, and he might go if he pleased; they did not make any charge at this time; when Mr. Yates gave the constable orders to take him in charge, and opened the whole matter of his losing three table spoons and eleven tea spoons; when I heard what had passed, I heard Mrs. Allen accuse him, and say he was the man that positively was in the passage; I was very apprehensive that he was the man, from what she said, because she spoke so pointedly to him; I went to him and said, Sir, if you are guilty you had better confess, and let the man have his property; good God, Sir, says he, how can I be accused of any thing of the kind; I cannot confess that or which I am innocent; says I, Sir, I would not be in your clothes for the world, for you will be hanged as sure as you are born; and if you have sold or made away with the things, make them some allowance? my God, Sir, says he, will you have me confess a thing that I am not guilty of? then Mr. Booth spoke to him; Mr. Yates told me the property came to sixteen or eighteen pounds; I thought it was a great deal of property for the poor man to lose; I staid there a good while; and when he told me he knew Mr. O'Brien, in the street, I went there to enquire into his character.

Then at the time you was sent for to Mr. Yates, he knew you went there as Mr. Yates's friend? - Yes, I went there as such; the prisoner came back to my house when he was discharged from the magistrates, him and two or three more.

Did you see him when he came back the second time? - Yes, the constable told me; I was the person that first acquainted him; and the prisoner was with two or three more in the coffee-room, eating a bit of cold meat; he surrendered directly.

Do you remember when Mrs. Allen was first called upon to see what she knew of the prisoner? - I think to the best of my knowledge, she said, she believed that was the man that was in the house.

What was the question put to her? - I declare I cannot positively tell you.

Then tell me what she said? - That she believed him to be the person that was in the house; that was the word, to the best of my knowledge; I am almost confident that was the word.

Mr. Garrow. Do you mean speaking of Mrs. Allen, to say that that was the exact expression she used? - No.

Was she not most positive, and repeatedly positive at that time, that he was the man? - She was afterwards; she said she believed he was the man; I cannot recollect what she said.

Upon your oath did not she over and over again, say, in your hearing, that she was positive he was the man, and had not the least doubt about it? - No, Sir, she said, to the best of my opinion, the very words I have told.

You mean to say that she did not say it? - She might say it unknown to me.

Did you hear any body say that the prisoner said he had been at Laver's that Tuesday? - I believe it was him.

Do you know whether it was the prisoner that said so? - Yes, I am positive to the best of my opinion; I cannot be positive whether it was him or the brother said it.

Did you hear any things about Sterling's wine-vaults, in the Hay-market; which they said he had been drunk at all day of the Tuesday? - That was mentioned that night at Mr. Yates's.

Who said so? - I do not recollect I heard any body say he was there all day long; I recollect it was said he was there in the evening.

Who did say what was said about Sterling's; do you recollect that? - I cannot recollect that.

Do not you know that they waited two hours for Sterling? - I do not know that they waited at all for Sterling.

Did you hear that he had drank there on the Tuesday? - I heard he was there much about six on the Tuesday.

STEPHEN PRICE sworn.

I am an attorney in Northumberland-street; I know Mr. Newman, I have known him a many years; about ten or a dozen years.

Have you any recollection of the Tuesday, the 21st of July? - Yes, for a very good reason; Mr. Newman was at my house on that day, from half past four till between five and ten minutes after six.

What led him to your house? - I had done business for him as an attorney.

He had business with you? - He had; he staid there till that time.

Do you know of his being arrested the week before? - I did not know it till afterwards.

Where did you understand he went to from your house? - He went out of my house up the street.

How was he dressed; had he any boots on? - He had no boots on I am very sure; he had white stockings, either thread or cotton, I am not sure which.

You are sure of that? - I am very sure of that, and there are people here who belong to my family, that saw it also.

Mr. Garrow. Was it business of a particular nature; I do not ask you what it was; any thing remarkable that would fix it in your memory? - I had a bill of exchange drawn upon me, which indeed, when he was taken up, it was very fresh in my memory, as I had the trouble of sending into the city to take it up.

Was the business of a sort that when it was mentioned to you, you would be likely to recollect? - He had been very short of money, and he came for some; to ask me to lend him some.

Did you lend him some? - I do not recollect whether I did that night or the evening before; either that day or the day before.

Do not you perfectly well know, that when he came in the evening you did not lend him any? - I am not perfectly sure, whether I did lend him any that day or the day before; I rather believe it was on the Monday.

How much did he apply to you for? - Half a guinea.

When was you first applied to, to recollect whether he had been with you on the Tuesday? - On the Monday following, in the morning; he was in the watch-house, and his brother, Mr. George Newman , came to me; the prisoner was there in the afternoon, he said he had not dined, but he, had no appetite, and did not chuse to drink tea.

Was he drunk or sober? - He was very sober; I am confident he was not drunk he is not addicted to drinking; nor was he drunk when I saw him.

My friend has asked you whether he had boots on; did you take much notice of his dress? - I had seen him several times, and always in the same dress.

Had he any cane in his hand? - He had a supple jack, which he had of me.

Was a blue coat a part of his dress? - It was.

How long did he stay at your house? - From half past four till more than five minutes past six; my brother and a young woman were there; he went away, in the end disappointed; I do not think he had an opportunity of speaking to me; I have two rooms, the door of which goes into each; and he walked about frequently, and he might certainly whisper.

Did not he frequently ask you to lend

him a trifle; and did not he in the end, go away disappointed? - I believe he did.

How many minutes walk is it from your house to Mr. Yates's? - About three minutes.

Had he any body with him that day? - There was nobody came with him to my house.

Mr. Fielding. Did any body meet him at your house? - Nobody came there to him; he went away alone.

JOHN PRICE sworn.

I knew the prisoner; I remember seeing him and my brother, on Tuesday, the 21st of July; it was half after four when I let him in at the door; and he remained there from five minutes to ten minutes after six; he came by himself, and went by himself; he had no boots on; he had light stockings; but whether they were silk or cotton, I cannot tell; I am sure he had no boots on.

WILLIAM REED sworn.

I live in Pall-mall; I know Mr. Newman.

Do you remember the Tuesday night, the 21st of July? - Yes.

Did you see anything of him that day? - Yes; he called upon me then about nine or ten minutes after six, at No. 130 in Pall-mall.

Do you keep a house there? - No.

How was he dressed; had he any boots on? - No, Sir, white stockings, no boots; he staid with me till near ten; we went out soon after he called upon me; and we went to the Hay-market, to Sterling's wine vaults, and staid till near ten.

You are positive as to the time? - Yes; one circumstance of a letter, makes me positive as to the time; the circumstance of a letter which I gave to the general-post man, which a lady above stairs sent down by her daughter; and says she, do you take care not to be too late; I looked at the dial, and it was not fifteen minutes after six; and I suppose he had been three or four minutes before; he never was out of my presence, till we parted; nobody was with him.

Did any body join company with you at Sterling's? - Yes; a Mr. Collins came in soon after.

Mr. Garrow. You are quite certain as to the day, as well as to the time? - Yes.

Nine or ten minutes after six? - Yes; I am sure it could not be earlier than that.

Where is your dial? - In the office.

What did you pay? - A penny.

Pray, is the post-man so late as a quarter past six, in the Hay-market? - Yes; they never leave it till a quarter past six; that is the hour of leaving it.

This was Tuesday, the 21st of July; how soon was you called upon afterwards, to recollect the fact? - The Monday following.

Did you attend before the magistrate? - Yes; they did not examine me; I attended.

What business are you? - I am a clerk in that office where he called; the Dublin exchange company's office.

An unlicenced lottery office? - It is not licenced at present; it had a licence last year.

Why, it was an inconvenience for you to go out at six? - Not at all; I seldom stay there after five.

Did Mr. Newman call by appointment? - No, Sir.

You happened to be kept there an hour and a quarter after your time? - I am often there after five, but I have no occasion to attend there after five.

When you went to Sterling's, did you dine together? - No.

Had you any tea? - No; we had a pint of porter, which we did not drink; and then some punch.

Did Mr. Newman tell you where he had dined? - He told me he came from Mr. Price's; I did not ask him where he dined; we had nothing to eat; we did not sup together.

Did he propose supping? - I do not recollect he did.

What day of the month was it? - It was the 21st; the circumstance of the letter; the lady had very often asked me what time it would reach Dublin; and when Mr. Newman sent for me to the round-house, we staid so late, that I got pretty tipsy; I can only speak for myself; Mr. Newman had not called upon me for several months before; and I had not been in a publick-house for four years before.

You had not seen him that morning at all? - No.

He did not tell you he had been at Sterling's in the course of the day? - No.

He did not tell you he got drunk there, and fell asleep there, in the course of the day? - No.

Was Sterling at home? - I saw him there then; he might serve part of the punch; I do not know who I paid the reckoning to; I was so ill for two days after that, I could not be mistaken of the day; besides, the circumstance of that letter; the lady asking me what time it would arrive at Dublin; she asked me several times.

Can you be quite certain that he had a green coat on that day? - No, Sir, I cannot.

What coat had he? - He had a blue coat.

Had he any stick with him? - No, Sir.

Had he no stick with him that day? - I do not recollect he had.

Do you believe he had, or he had not? - I believe he had not.

JAMES COLLINS sworn.

Was you in company with Mr. Newman and Mr. Read, on the 21st of July? - I was, at Mr. Sterling's punch-house, in the Hay-market, at about twenty minutes after six; I think it was quite twenty minutes; the reason I have to give for it, was this, that going to the Haymarket theatre, the door was just opened; I went to the one shilling gallery, and paid my money; and asked what time it began? and they said, not till seven; I then went over to Sterling's punch-house, where I have frequently seen my friend, Mr. Reed; and there was Mr. Newman and Mr. Reed drinking; Mr. Newman said, Collins, how do you do? I was going to the Son-in-law; he replied, never mind the play, stay and drink some punch with us; in consequence of that, we replenished the bowl, and parted at ten in the Haymarket, each of us going home; I am sure of the day, and as to the time.

How was Mr. Newman dressed that night? - As to the coat, I do not know; but I can swear to this, that he had no boots on; he had white stockings on; the Monday following, I met my friend, Mr. Reed; he informed me of the unhappy business of Mr. Newman; and I thought it necessary to take a note of the business, which I did at the very time.

Mr. Fielding. It does not signify.

Mr. Garrow. I desire to see it.

Mr. Fielding. I do not resist it.

Mr. Garrow. How long have you been acquainted with Mr. Newman? - Seven years, and upwards; and I never knew his character impeached or called in question before; I knew him equally with Mr. Reed; I knew them both at the same time.

You became acquainted with them, probably at the same place; where was that? - I am not ashamed to say it was at the King's-bench prison; undoubtedly so.

You were quite sure he had no boots on; how came you to think that was material? - I do not know.

You was out of breath to get to it? - I do not run so fast as that.

How came you to mention the circumstance of a man's not having or having boots? - Because I thought it extremely material to the case; the gentleman asked me whether he had any boots on?

No, he did not, but you knew he would; the favourite farce of the Son-in-law was to be performed that night? - I am quite sure of that.

Have you any doubt of it? - No.

What way of life are you in? - A master

taylor, at No. 20, King-street, St. James's-square.

Was Mr. Newman very sober when you went to Sterling's? - I am not a competent judge whether a man is drunk or sober.

Was Mr. Reed drunk or sober? - He might be for what I know.

What do you think now? - I am not a competent judge.

It is a little unlucky, I think, as you are a taylor, that you could not tell the colour of his coat; I should have thought if you had been a shoe-maker, the boots might have run in your head? - What business have I with the colour of a man's coat, when I do not make it.

So, you never know the colour of a man's coat, without you make it? - I do not like to look at it; what business have I; upon my oath, I do not know what coloured coat he had on; I was in his company, from fifteen or twenty minutes after six, till ten; upwards of three hours, sitting at a table in a box, at a publick coffee-room or drinking-room.

Then you walked on together down to the bottom of the Hay-market? - Yes; that I can do in half a minute.

What made you swear that this man had no boots on, when you sit three hours in his company; and do not know the colour of his coat? - I can see a man's leg that has got a white stocking on; I took more particular notice of it, than of his coat.

Can you recollect whether his shoes were buckled or tied? - No.

I wonder at that; do not you recollect now, that they had ham and sallad for their supper at a quarter past nine? - Not while they were with me; I do positively swear they had nothing to eat in my company, while I was there.

Now, when you went in together, you was not drunk? - I do not know that; perhaps I might be; upon my oath, I do not know whether I was drunk or sober; I do not know what we drank; I told you before, on my oath, that we had our first bowl, and it was replenished; but how often it was replenished, I do not know; we each paid our reckoning.

How much did you pay? - I do not recollect.

How long have you been out of the King's-bench? - These seven years; I have been a man of character these seven years; I do not know what I paid for my reckoning.

Can you guess within four or five shillings, recollect? - I cannot recollect.

Can you recollect within four or five shillings, what you paid? - No, Sir, I cannot; I do not think we drank so much a piece; I believe we paid two shillings a piece.

Did Mr. Newman or Reed appear to you to be drunk, when you quitted the house? - No, Sir, neither of them drunk.

They appeared better for their liquor? - Yes, Sir, I believe they were better for their liquor; for the punch was very good; it is a noted house for good punch

Had Mr. Newman a stick with him, now, as he was sitting in that careless manner? - I do not recollect.

LOUISA FENNING sworn.

I lived servant with Mr. Newman and his wife about four years.

Do you know whether your master is worth a pair of boots, or was worth a pair of boots in July? - Sir, he has not had a pair of boots since the latter end of March; then he gave me an old pair which I sold to a jew; and he has not had any since.

Mr. Garrow. You recollect your master being taken into custody? - I remember there was such a thing happened.

Can you tell me where he had been the week before that; the Tuesday before that? - I think he had been confined in Chancery-lane; not the Tuesday before that, but the Tuesday week before that; he was discharged on the Wednesday; he returned to his own house, at Mrs. Williams's, in King's Road, Chelsea.

Do you recollect where he was the night before the Tuesday; the Monday night, did he sleep at home? - Yes, he did.

How early did he go out on the Tuesday morning? - I cannot say.

Did he breakfast at home? - I cannot say.

Did he dine at home? - No; I am quite sure of that.

Did he drink tea at home? - No, Sir.

Did he sup at home? - No, Sir, I do not think he did; I think Mrs. Newman was in town with him; but they returned together about twelve or one, to the best of my remembrance.

When they came home, had they any supper afterwards? - No, Sir; they went to bed; they walked home.

Did you observe anything particular in your master's manner that night? - No, Sir; he is not given to drinking; I never knew him above half a dozen times in liquor, since I have lived with him; he appeared to me, to be quite steady and sober.

What coloured clothes had he on? - A blue coat and metal buttons; I cannot call to mind whether he brought home his stick or not.

Have you seen it since that night? - No, Sir, I have not; he generally has a stick.

THOMAS HAMMERSLEY , Esq. sworn.

I am a banker; I have known Mr. Newman for several years; he is very respectably connected; and married to a lady very nearly allied to one of the first families in this kingdom; my partner, Mr. Morland, was guardian to that lady; and I should have thought him totally incapable of committing such an act; I know he was in distress with respect to pecuniary matters, but never anything of this kind.

CHARLES NEWMAN sworn.

I remember, on Tuesday, the 21st of July, I was with Mrs. Newman; Mr. Newman was at my house that morning, Tuesday morning; he came back in the evening, and supped at our house.

At what time did he return to your house? - About ten.

Was Mrs. Newman there? - She was there; they supped at our house, and wished us a good night; and said they were going home to Chelsea.

At what time did he return to your house? - About ten.

Had he any boots on, either in the morning or the evening? - No, Sir.

Mr. Garrow. Had he a blue coat on? - Yes.

How late did he stay at your house in the evening? - I believe about half past eleven; I do not recollect the moment; as soon as they came in, it could not be a long while past ten; it might be about a quarter, or twenty minutes; I should suppose not more.

You have been a good deal accustomed to your brother's manner; was he sober when he came to your house? - I do not know; he supped with me, and was very agreeable and merry; I observed nothing particular in his conduct, that made me think he had been drinking.

He was not indecently drunk? - No, certainly not.

He was particularly merry, and in good spirits? - No more than usual.

Had his wife dined at your house? - I cannot recollect that; I mean to say nothing but what I know.

You was not the brother that was walking in Kensington-gardens? - No.

Nor in Craven-street? - No.

JEREMIAH NEWMAN sworn.

I was with my brother in Kensington-gardens, when Mr. Yates saw him there; I remember Mr. Yates being there; my brother and me were walking in Kensington-gardens together; and we observed Mr. Yates and two ladies following us; one of which afterwards proved to be Amy Allen ; we walked two or three times in the gardens, and then went out into

Hyde Park, where my brother was tapped on the shoulder by Mr. Yates.

Did you go with Mr. Yates and your brother, and Mr. Watson, to Mr. Yates's house? - I did.

When Mr. Yates tapped your brother on the shoulder, how near were you to him? - I was very near; Mrs. Allen was a little distance; my brother said he was not at his house; Miss Allen said she believed he was; Mr. Reilly was sent for; I do not suppose we had been in five minutes, when Mr. Reilly came; by brother asked Mr. Yates to explain himself; and asked him what he meant by this; he made no answer, but ordered some rum and water; my brother said, admitting for a moment that I was, what does all this mean? he desired Mr. Yates to inform him, but could get no information at all; he then said to Amy Allen , are you sure I was at your house last Tuesday? she then said, I think I am; he then asked every body present in the room, if they could inform him of the business, but could get no information; this time, I believe Mr. Burke came in; my brother then again asked every body present; at last, the business was broke out either by Mr. Burke or Mr. Yates; my brother treated it with great contempt; and did not seem the least surprised at it; and said, it was a very wicked attack upon him: Mr. Burke then got up, and said, which of the young gentlemen is it? my brother then said, I believe it must be me; my brother then said, I suppose I must go with you; and desired me to look at my watch, which I did; I recollect some person enquiring of him where he was; and he said he was at Laver's lock-up-house in Chancery-lane; and Mr. Yates was going to enquire, but I reminded my brother it was the Tuesday before; on my reminding him, my brother instantly desired Mr. Yates to be called back; my brother could not give any account to the people that enquired of him; he said, in the presence of Mr. Reilly, that he was with Mr. Price part of the day; and with Mr. Reed part of the day; and from thence, he said, he went to Sterling's punch-house in the Hay-market, where he said he remained till ten at night; I did not attempt to enquire about it; Mr. Yates said he had lost several pair of silk stockings; and desired my brother to unbutton the knees of his breeches, which he immediately did; and he said, he could not say they were his; I was then applied to by a Mr. Booth, a gentleman who lives next door to Mr. Yates, to acquaint my brother, if he had taken the things, to tell where they were; and every siress was laid on a tea-pot, because it was given Mrs. Yates on her marriage, by the Duchess of Gordon.

Mr. Garrow. He did not seem the least surprised? - He was not charged at that time.

Did he at any time, alter his conduct about it? - When he was charged the second time, he mentioned Sir Michael Le Fleming, Mr. Dempster, and several other gentlemen that knew him.

Did you go out during any part of this transaction? - Only in the passage; and once in the street, only at the door; I suppose we were not gone more than a minute, or a minute and a half.

What did you say, when you came back? - We were left in the room by ourselves; Mr. Booth told me, for my brother to make restitution of the property.

My question to you is this; when you came back into the room, where there were several persons, whether you said anything; did you, or did you not, at any time, when you returned into the room, after an absence of some time, say anything where your brother had been on the Tuesday? - No, I did not; for I did not know it.

Then, you are very positive that you did not say, you were very happy you had found out where he was that he went early to Sterling's punch-house; he drank freely; he got intoxicated; and he staid there till eight o'clock? - No, I did not say so.

No part of the conversation; I wish

not to hurry you, and I tell you fairly that more persons than one have sworn it; attend to the question, whether after the correction of the mistake about Laver's, you yourself did not say, I am very happy now I can state where he was, he was at Sterling's Punch-house, he went there in the morning, he drank freely, he got intoxicated, he fell asleep, he staid there till eight o'clock? - No, Sir, I did not.

Then all that was said in that conversasation, about Sterling's, was that he had been at Mr. Price's, and that he had been afterwards at Sterling's with Mr. Read? - Yes, that was all.

Do you recollect Mr. Burke saying, is Sterling coming then, Sir? - No, I do not.

Did not you tell Mr. Burke that you had left a message, and expected him? - Me! by no means, it is not possible Sir.

You did not do it? - No, Sir.

Did not Mr. Burke continue there near two hours in expectation of Mr. Sterling's coming, in consequence of what you asserted? - No, Sir.

Once more; I am very sorry; it is very far from my wish to intrap you, or to see you in an awkward situation; do me the Justice to believe I do this merely because it is my duty; I have no pleasure in distressing either the prisoner or you; but I must ask you whether in any part of the conversation you stated that your brother had been at Sterling's in the morning, and that he had drank freely, and got intoxicated, and fell asleep? - There was nothing said of his having been there in the morning, nothing at all to my knowledge; nothing by me; nothing by my brother, in my hearing.

You say you observed Mr. Yates, and those persons following you? - Yes.

Which way were you walking, towards Kensington? - No, Sir, when we observed them we were coming out of Kensington Gardens, towards Hyde Park.

Why? did not you turn after you saw them? - No Sir.

Do you mean to swear, that after you and your brother saw these people following you, you did not turn about? - We did not turn about, excepting we might have turned about in Kensington Gardens.

When you observed Mr. Yates, and these people following you, was not you walking from that entrance at Hyde Park Gate towards Kensington Palace; had not you just before that been walking towards the Palace? - I do not know, I turned round two or three times.

Just before you went out of the Gardens, had not you been walking towards Kensington? - I will only swear to my recollection.

What was there particular in these people following you? - I did not observe them so much in Kensington Gardens, as I did in Hyde Park; I had seen them in Kensington Gardens; my brother said, says he, I think these people are following us.

And upon that you went out of the gardens? - No, Sir, not immediately; I do not suppose we staid five minutes; and I said upon my honor I believe they are following us; so I just stepped on the green, and they followed us.

Mr. Fielding. When this matter arose at Yates's, about your brother being at Price's and with Reed; did that come from him? - It did.

The first you observed of these people, was when you had come out of Kensington Gardens? - Just coming out near the gate, nearest Hyde Park.

After you had spoken to Yates or Yates to your brother, did you go faster than you had gone before? - Not a bit.

Mr. Garrow. I beg to call Mr. Burke.

Mr. Burke called again.

You have heard the question which I have repeated, more than once, to Mr. Newman? - I have; I am exceedingly sorry I am under the disagreeable necessity of contradicting him.

Is the account you gave originally true? - Absolutely true; after the discovering the mistake of the time of being at Laver's, and his having immediately sent after Mr. Yates; the first I saw of it was, Mr.

Reilly the Tavern-keeper with Mr. Newman the prisoner, who seemed then a vast deal more agitated; and so did this young gentleman, insomuch that I believe they cried; however, I then said, Mr. Newman, do not be so warm, recollect yourself; you have time enough to recollect where you was on Tuesday; and this gentleman, his brother, and the prisoner then consulted together, where he had spent the day on Tuesday; they talked of where they had spent the day on Monday; we mentioned Wednesday, Thursday, Friday, and I believe Saturday; this was between themselves; but did not seem to fix where they were on Tuesday, or how Tuesday was passed; and it was, I believe, agreed between them, that this gentleman should go out to bring word; he took his hat, and I stopped in the room, he was gone half an hour, if not more; I am sure he was gone about that time; in the time, while young Mr. Newman was gone, I again went into the passage to consult with Mr. Booth, further about the matter; I spent some time in conversation with Mr. Booth, in the passage, while Mr. Newman was gone; I told him that Mr. Newman, the brother to the prisoner, was gone to bring a certain account; I afterwards returned into the parlour, and some very immaterial conversation passed between the prisoner and myself; I sat down by the table, and this gentleman came in, took off his hat, put it on the table, sat down by the table, and made use of these words, I can now, to a certainty, account where my brother was on Tuesday, or where you was on Tuesday; I cannot say whether it was you or my brother; I said I should be exceedingly happy to know that; and when the gentleman sat himself down, he said his brother early on the day of Tuesday, he did not say morning or evening, went to Sterling's wine-vaults, in the Hay-market, drank pretty freely, got intoxicated, fell asleep, and staid there till late in the evening; I then said, Sir, is Mr. Sterling coming forward to satisfy me of that fact; the witness Newman did not say immediately, that he was immediately coming; but I understood him, and I am sure he was heard, that he had left word with Mr. Sterling's people to send him; and he expected them to send him as soon as he came in; I understood him clearly that he had been to Mr. Sterling's; he said he had left word for Mr. Sterling to come, as soon as he returned; I then said I should be very happy to attend them till Mr. Sterling came, because I should be exceedingly happy to see the point cleared up.

Are you positive that he said he went there early in the day, and staid there late in the evening. -

Mr. Newman. I could not say it.

Mr. Fielding. Does your memory serve you to say so? - I cannot recollect that I said any such thing.

Mr. Garrow. Do you deny the whole conversation? - Possibly my recollection may be so bad that I do not remember it; I am sure I did not go to Sterling's; I could not say that I had been to Sterling.

Do you mean now to swear that you did not take your hat and go out and stay half an hour? - I cannot recollect.

Do you mean to swear that you never went any where, but where Mr. Booth accompanied you? - I will not say, only to my recollection.

Mr. Price has told us that on Sunday evening, a message was carried to his house; did not you carry that message? - Not to my recollection.

Will you venture to swear positively that the Sunday evening, while your brother was at Mr. Yates's, you did not go to Mr. Price's: will you swear you did not come back and express yourself in the manner Mr. Burke has stated? - Yes, positively.

Mr. Justice Grose. He qualifies that with the word recollection, which he seems to me to have sworn positively.

Mr. Garrow. Do you mean now, Sir, to say, that you never was absent from that house twenty minutes during the time your brother was there? - I do not recollect that I was.

Will you swear you was not at Mr.

Price's in Northumberland-street? - Not to my recollection.

Will you swear that you did not say that you left a message for Sterling, and that you expected him? - I do not recollect saying any such thing; I could almost swear it; I think I did not say it; I will not swear it.

Mr. Fielding. It is no other than the proof of this young man's memory.

Mr. Garrow. My lord, I think it will be right to call some of the other witnesses to this fact, to contradict this young man, and to confront him.

Mr. Yates called.

Do you recollect what Burke has stated? - He was gone out about twenty minutes, when he came back, he laid down his hat on the table, and said to his brother; I am happy, I recollect, now I have found out where you was, you was at Sterling's wine-vaults in the morning, and got drunk, and continued there till night.

What more was said about that? - He said no more upon that head, but he said Mr. Sterling was coming, he was not at home; he had left word for Sterling, who was not at home, but who would come as soon as he came in.

Mr. Fielding. You have heard the brother say before, that he himself had past the evening with Mr. Price and Mr. Reed? - Yes.

Then this account of this brother, that young man would contradict that? - I do not know that.

If you had heard from Newman himself, that he had passed the Tuesday evening with Mr. Price and Mr. Reed; this would contradict that account! - I should suppose so.

He said he was happy he had found out where his brother was on the Tuesday night? - I was in the parlour when the brother came in; he seemed to be very much concerned, and cried; he seemed to be very much agitated when he went out, but not so much when he came in.

MICHAEL LASCELLES , Esq. sworn.

I have known Mr. Newman about twelve or thirteen years.

What is the character you are enabled to give him? - All that I know of him, is as a gentleman, and a man of honour; his affairs at present are in an attorney's hands.

Dr. HIGGINS sworn.

I have known Mr. Newman about ten or eleven years, or more.

You had opportunities within that time, of collecting what his character was; what character does he deserve from your report? - I never heard any thing to the impeachment of his moral character; I knew him to be distressed in his circumstances; but, of his morals I never had any reason to doubt.

JOSEPH WEEDON sworn.

I have known him seven or eight years; I always believed him to be a very honest young man; and I have had the pleasure of serving him in the coal trade, while he kept house; I believe him to be a very good character.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Mr. Fielding. My lord, I am told there is a sheriff's officer now waiting to take Mr. Newman into custody for debt.

Court. If that sheriff's officer dares to take him before he gets home, I shall take that sheriff's officer: he has liberty to go home.

Reference Number: t17890909-111

694. GEORGE BRAND was indicted for stealing, on the 7th of July , a watch, inside and outside case made of silver, value 30 s. the property of George Burrows .

GEORGE BURROWS sworn.

On the 7th of July last, the prisoner and

I were at work together; I hung my watch up in the press room; I left it there; I was called down to dinner about a quarter before two; the prisoner said he would go to dinner too; my fellow apprentice followed me in a minute; when I went up again, the watch was gone; and the prisoner never returned; Mr. Shaw, my master, found it at Beauchamp's, a pawnbroker in Holborn.

JOHN TURNER sworn.

I live with Mr. Beauchamp, pawnbroker; a person came to the shop door, and asked if we bought old watches; I said, if they suited us, we did; upon that, he came in with it, and asked a guinea and an half for it; I told him I could sell him one cheaper; he said his name was George Brand; I lent him sixteen shillings; I do not recollect the prisoner was the man, not I cannot say he is not the man that pawned it.

RICHARD SHAW sworn.

The prisoner was my servant; when Burrows, who is my apprentice, had dined, he went up stairs; I followed him; he immediately told me he had lost his watch; I went to look after him, but could not find him; then advertised it; on the Saturday following, the prisoner came into the neighbourhood; I sent another apprentice to the house where he was; I went to him, and asked him what he had done with the watch? he said he was very sorry for it, but he would find it at Beauchamp's the pawnbroker's.

Turner. I have the watch. (Produced; and deposed to by the prosecutor, by a private mark on the case.)

GUILTY .

Imprisoned for six months .

Tried by the London Jury before Mr. Justice GROSE.

Reference Number: t17890909-112

695. WILLIAM WATTS was indicted for stealing, on the 4th of September , a gown and petticoat, value 10 s. the property of Thomas Renshaw .

THOMAS RENSHAW sworn.

I am servant to Mr. Berry, pawnbroker ; on Friday, the 4th of September, about three in the afternoon, the prisoner came to the shop door, and stole a gown and petticoat; I saw him drop it about a yard from the door; he begged I would forgive him; I gave him to the constable.

JOSEPH THOMPSON sworn.

I was sent for, and took him into custody; I took him to Guild-hall, and he was committed; I have had it in my possession ever since.

A WITNESS sworn.

I saw the prisoner take the gown and petticoat off an hook, and wrap it up in his apron; I went and laid hold of him.

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

GUILTY .

Imprisoned for six months .

Tried by the London Jury before Mr. Justice GROSE.

Reference Number: t17890909-113

696. DAVID JONES was indicted for stealing, on the 12th of August last, thirty-six pounds weight of salt butter, value 30 s. the property of Robert Fish .

ROBERT FISH sworn.

I lost a tub of salt butter on the 12th of August, on Wednesday; the prisoner came to my house, and said he was sent by Mess. Keysell and Co.; that the carman had made a mistake, and left a wrong firkin of butter; and if I would return it, I should have a better the next morning; I told the prisoner, that when Mr. Keysell sent me another tub, I would return that; he then went away, and returned again in about an hour, with a very pressing message;

and said, Mr. Keysell was distressed for a firkin of butter to send to another place, where they were not so particular; as being a young man who had lately taken a shop, he thought the butter would hurt me in my customers; in consequence of which pressing message, I let the prisoner have the firkin of butter: I had some suspicion he did not come from Mr. Keysell; in consequence of which, I watched him; he went in a straight line for Mr. Keysell's warehouse, to the end of the street where I live; and to the end of another street; at the end of the first street, he rested at one of the posts; at the end of the second, he crossed Monmouth-street, and there he set it down at the step of a door, and sat upon it; he then went a contrary way to my house, or to Mr. Keysell's, down Monmouth-street, near the middle of it, neither the way to Mr. Keysell's, nor back to my house; I took him to Mr. Keysell's, and he said he never knew him, or employed him.

MARK SKINNER sworn.

I am a clock-maker, and lodge at Mr. Fish's; I was going in; I saw the prisoner take the butter on his head; Mr. Fish asked me to follow him; he turned down the wrong street; I followed him, and took the butter off his head; the prisoner said he was going to return it back again.

WILLIAM BREACH sworn.

I have been servant to Mr. Keysell five years; I never saw the prisoner before.

PRISONER's DEFENCE.

I was out of employ; and I went past Mr. Keysell's shop; and the carman was coming out with some goods; and I went by his desire, with him to the Seven Dials; and he gave me some drink at the Crown; and I went with him to several places; and he sent me for the firkin of butter in Mr. Keysell's name; and Mr. Fish refused to give it me; and he sent me a second time, and Mr. Fish gave me the firkin of butter; and I carried it to the place where he sent me from; I did not see him, and I sat upon it to look for him; and I was going to carry it back, and Mr. Fish took me by the shoulder.

Court to Fish. Did he give you this account when he took him? - No; to the best of my recollection, he said, had not I been in so great hurry, he should have brought it back again.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17890909-114

697. SAMUEL HOUGHTON and RICHARD WILSON were indicted for stealing, on the 14th of July , two iron saws, value 5 s. one leaden glue-pot, value 6 d. one pair of brass and iron dividers, value 6 d. two iron hammers, value 6 d. one pair of iron pincers, value 4 d. the property of James Ross ; one plane, value 10 s. three saws, value 10 s. one oil-stone, value 2 s. two hammers, value 6 d. four chissels, value 6 d. one leaden glue-pot, value 2 s. one pair of compasses, value 1 d. a turn screw, value 1 d. and a winch, value 1 d. the property of Joseph Bourbear .

JAMES ROSS sworn.

I have the management of Mr. Bourbear's business; I am his servant : we lost the tools in the indictment, on Tuesday, the 14th; I saw them there on the 13th; Henry Crawford had them in his possession before the Justice.

JOSEPH VIVIAN sworn.

I am a carpenter; I found the constable had them.

FRANCIS DAY sworn.

I am a watchman; I saw them come along the road with the tools; and I stopped them between three and four o'clock

in the morning; I do not know the day of the month; it was in Tottenham-court-road; it is the high road from Kentish-town; they both had tools; one the bag, and the other a basket; they said they were going to work; I took them to Mr. Croker's; they made no resistance; I delivered them to Croker the constable.

HENRY CROKER sworn.

On the 14th of July, I cannot say what day of the week, I saw the two prisoners at the bar, and the watchman; he knocked at my door; I came down; they had a bag and a basket of tools; I asked them where they found them? they said they were their own; I asked them the marks upon the tools; Houghton could not tell any mark, nor Wilson could not describe any mark; the next morning, I went to Kentish-town, and found the owner; and they went before Sir Sampson Wright; and they swore to them; I let one of them have some of the tools, because he was a poor man, and could not go to work without them; but I marked them first; I found three small tools in the pocket of one, and one in the other.

(The tools deposed to by Ross and Bourbear.)

PRISONER WILSON's DEFENCE.

I am a young man disabled in the hand; and have been so four years; I had been working the other side Kentish-town; and this other prisoner was resting on the road with a bag and basket; and he asked me to give him a lift to London; and offered me some bread and cheese, and a drop of beer; I took them; and the watchman took us.

Court to watchman. Did the prisoner Wilson tell you he received them from the other man? - No; I am sure he did not.

Croker. I heard one of the prisoners, I think it was Wilson. say they would toss up, which of them should get off; I mentioned it particularly at Sir Sampson's.

Prisoner Wilson. The small articles dropped out of the basket, and I put them into my pocket.

PRISONER HOUGHTON's DEFENCE.

I am a seaman ; I work at plaisterer's labour ; I was coming along quite soon in the morning; and just on this side Kentish-town, there were two men in the fields; and I saw these things laying by the side of the hedge; I called to them several times; they did not answer; I asked this man to carry them for me.

Prisoner Wilson. My lord, Croker advised Houghton to have me along with him.

Croker. I did not; and I asked Houghton if he found them; he said no, they are my own.

Watchman. I heard them say they would toss up which should get clear.

BOTH GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17890909-115

698. MARIA MACKETT was indicted for stealing, on the 9th of August , three pair of stays, value 10 s. the property of Henry Broderick .

GUILTY .

Imprisoned for six months .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17890909-116

699. JOHN SMITH was indicted for stealing, on the 9th of July , a mahogany card table, value 40 s. the property of John Arthur .

THOMAS DIXON sworn.

I am porter to Mr. Arthur; while I

went in for another table to tie on this, to carry home, it was stolen; I never saw the table after, nor in the hands of the prisoner.

ROBERT ORFORD sworn.

I am servant to Mr. Brooks, in Holborn; about two o'clock on the 9th of July, the prisoner asked me to buy a table; I told him to let me see it, and if it suited me I would buy it; I sent him for it, he brought it, and I asked him where the fellow of it was; he said he was making of it, it would be finished in about a fortnight; I gave him a guinea for this, and agreed to give him a guinea and a half for the other.

(The table produced and deposed to.)

PRISONER's DEFENCE.

Some time in July I was drinking with a young man; there came a man and asked the landlord of the house to buy a table, and then he applied to me, and I gave him fifteen shillings and a pot of beer for it; he asked eighteen shillings for it.

CATHERINE WYNNE sworn.

I went to Long-acre about some business, in June; I was coming home and two young men tapped at a window; and I went in and drank two glasses of cyder, It was at Southampton-buildings; the prisoner was there; I knew him before, and there was a man came in with a table; I cannot recollect what kind of table, it was a kind of mahogany; I am not sure the number of shillings he gave him for it; but he gave some shillings and took the table, and said he would send a man for it, for his arm was tied up; I knew the prisoner at that time; I lived in a house with his father in Union-court.

Did you never live in a house with this man? - No, never was at his house; he sent for me two or three days ago; the prisoner never slept in his father's house that I know of.

GUILTY .

Transported for seven years .

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

Reference Number: t17890909-117

700. SARAH JONES alias ROOKE and THOMAS JONES were indicted for feloniously stealing, on the 13th day of August last, two pair of silk hose, value 10 s. and one pair of silk and cotton hose, value 4 s. the property of John Berger , privily in his shop .

BOTH NOT GUILTY .

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

Reference Number: t17890909-118

701. JAMES NETHERHOOD and TIMOTHY HOPKINS were indicted for stealing, on the 8th of August last, five pieces of copper, called cakes of copper, value 4 l. the property of Corbyn Langley .

(The Case opened by Mr. Knowlys.)

(The witnesses examined separate.)

ROBERT HOWARD sworn.

I am servant to Mr. Langley; he is a barge-man ; the barge was at Iron Gate the 8th of August; there were five hundred and seventy eight cakes of copper on board the barge; it was between eleven and twelve in the night; I saw two men, one on board Mr. Langley's barge, and the other was standing in a boat; and I saw him hand down the copper to the other; I went to them; and he that was on board the barge, jumped off the barge into his boat; and they shoved off; it was a very light moon-shiny night; I saw one face as plain as could be; one is a brownish man to the other; I should know them if I saw them; (looks round) the prisoners are the two men; that man, Hopkins, was on board the barge; and the other was the man that took it from him; I know them are the men; I never saw them before to my knowledge; I missed five cakes of copper; they rowed a little a head, and went on the other side; I had no boat to follow them; I did not see them till they were taken up.

Mr. Garrow, Prisoner's Counsel. How many minutes did you see them? - About three.

You had no knowledge of them before? - No.

Have you ever found the copper since? - No.

THOMAS HORNER sworn.

I am eighteen; I have been apprentice to a waterman six months; I remember Saturday, the 8th of August; I was watching for my master; I was at St. Catherine's Causeway; that is not far from Iron Gate Wharf; I could see the barge belonging to Mr. Langley; between eleven and twelve, I saw James Netherhood and Timothy Hopkins there; the prisoners are the men; I knew them a good while; they followed the waterman's business; it was

moonlight; I saw them looking into the barge on the causeway; I did not see what was in the barge.

Mr. Garrow. Do you know any thing of an oath? - I do not know indeed, what an oath is.

Nothing but swearing them often on the Thames? - I can read and write; I went to school.

Court. What will become of you, if you swear falsly? - I cannot tell, I am sure; I do not swear falsly; I have heard people swearing

Do you know where they will go to when they die, if they swear falsly? - I suppose they do not to heaven.

Do you believe you are bound to tell the truth? - Yes.

Mr. Garrow. All that you saw them do, was to come there and go away? - They came down the stairs; they had a boat stem foremost; they might hand to one another, and so put anything into the boat; I went with a fair; and coming through the lower tier, Howard was crying stop thief! and the two prisoners before; I never saw Howard before; the prisoner had rowed away; I saw a boat going through iron gate tier; but whether it was them or no, I cannot tell.

Prisoner Hopkins. My lord, on the Sunday morning, between nine and ten, I came down; and Howard was making a complaint to several people, how he had lost the copper; and that it was impossible for him to know the people, it was so late at night.

Howard. I did not say so.

Prisoner. I have witness of it.

JAMES KELLY sworn.

On Sunday morning, after this copper was lost, I was on the causeway; and I saw Howard there; I am positive of it: it was about ten in the morning: the prisoners were both there; I think I saw Hopkins in the barge: there were a great many people there; and he was relating that he had lost his copper; and I said to him, do you think you should know any of the people? he began in his manner, as I do,

"God d - n, - no - cannot know them - quite dark - rowed away directly;" I am sure Netherhood was there at that time; and I saw Hopkins go into his barge, and stow his copper in the presence of the old man; he said he knew nothing of the people; I am sure of that.

Mr. Knowlys. What are you? - A waterman, and ply at the stairs.

THOMAS HAMILTON sworn.

I am a waterman and lighterman; this man was relating this robbery; and I asked him particularly to his face; says I, did you see yourself robbed, and not apprehend the person in the barge; says I, it was a fine night, could not you see whether they wore a brown jacket, or a blue jacket, or what not? no; he positively told me he could not; nor whether they were young men or old men; and these young men were at the causeway at the very time; and he said, if he did not find out who stole the copper, his master must pay for it, and he should lose his place.

BOTH NOT GUILTY .

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

Reference Number: t17890909-119

702. THOMAS GIRLING was indicted for stealing, on the 20th of July last, three guineas , the monies of Edward Vaughan Lloyd .

A second Count, for stealing on the same day, three guineas, the monies of John Hutchins .

(The indictment opened by Mr. Garrow, and the case by Mr. Silvester.)

ANN HORNE LLOYD sworn.

I live at a place near Lampeter; I applied to Mr. Jones at Lampeter, about sending some money to town: on the 18th of July, I went to Lampeter, to the post-office; I applied to Mr. Jones, the postmaster

there; and asked him if he could send some money in a letter? he told me it was his orders to dissuade people; but I had no other mode, and I delivered him an open letter; and three guineas were put in it by Mr. Jones in my presence; the letter was directed to Mr. Hutchins, No. 15, Bell-court, Gray's-inn-lane, Holborn; the letter was sealed in my presence, by Mr. Jones, after the three guineas were put in.

HUGH JONES sworn.

I am the post-master at Lampetre; on the 18th of July Mrs. Lloyd applied to me informing me she wanted to send some money in a letter; I endeavoured to dissuade her, but at her request I put in three guineas, and sealed the letter; it was directed; I made a memorandum of the direction at the bottom of the way bill for the day, this is the bill; the memorandum is

"money letter sent herewith for Mr. Hutchins, No. 15, Bell Court, Grays inn-lane, Holborn;" I put the letter in the bag myself; I sealed the bag, and dispatched it in the regular course, with the other bags, on the 18th of July.

JOSEPH DEVEREUX sworn.

I am a sorter of letters at the post-office; the Lampetre bag of the 18th of July last arrived at London the 20th; I opened the bag, I found a money letter in it, and this letter bill; the deputy post-master of Lampetre had put the superscription of the letter on this bill; I took notice of the letter by the weight only; it appeared to me to have money in it, and I should suppose gold; I delivered the letter to the clerk of the money book, Mr. Pippard.

Prisoner. Pray when you took this letter into your hand, you say by the weight of it you supposed it contained money; might not any thing else besides money be in it? - Possibly some other substance might; I judged from its weight it was gold, and being minuted as gold by the post-master-general, in the country as containing money, I concluded it was money.

Was the letter sealed? - I believe so; I have no doubt but it was.

Court. Then you concluded it to be gold, from the weight and description of the bill? - Certainly; and it appeared to me to be compact, and in the usual form of money letters.

JOHN PIPPARD sworn.

I was at that time clerk of the money book; on the 20th of July I received a letter from Mr. Devereux, which came in the Lampetre bag; I took a memorandum of that letter from this book (read)

"Lampetre, Mr. Hutchins, Bell Court, Grays-inn-lane.

Court. Was that the whole memorandum you took of the direction of the letter? - Yes, and I also took the signature of the gentleman that brought it me, J Dx. that is for Joseph Devereux.

Did this letter appear by the weight to have money in it? - Yes, it did.

To whom did you deliver it? - William Lovat who is a letter carrier in the office.

Court. There is an erasure in the line which I have been reading, what occasions it? - It was a blot in the line; I scratched it out; it was nothing more.

Do you remember yourself delivering that letter to William Lovatt ? - Yes, I do.

Do you recollect the circumstance of the letter itself, at that time; do you say now that you delivered it to Mr. Lovatt, refreshed from the memory you have of that book, or do you remember it? - I do remember it.

Can you tell me then, whether that letter was sealed? - I did not remark whether it was sealed or wafered, it was one or the other; it was fast.

Do you say it was fast, upon the memory you have it was fast; or do you suppose it was fast, because you would have taken notice of it if it had not been sealed; is that the reason upon which you say it was sealed? - Yes.

Do you recollect at the time, observing whether the letter appeared to you to have

money in it? - Yes, I did, it is a general way.

Could you judge at all what money it was? - I could not.

Did it appear to you to be folded up as money generally is? - Letters that generally contain money are folded up as the other are.

WILLIAM LOVATT sworn.

I remember, on the morning of the 20th of July, receiving a money letter from Mr. Pippard; I signed the book; it is the custom of the office; I do not recollect the direction; it appears by the entry, to Mr. Hutchins, Bell Court, Grays-inn-lane, Holborn; the name Lovatt, in the column of receiver, is my writing; I delivered the letter to Mr. Girling; it was delivered to me as a money letter; it appeared by the weight to be a money letter; and I believed it to be so; it was sealed, and had not been opened to my knowledge.

Did you deliver it to Girling as a money letter? - I did, I desired him to take care of it.

Was it at that time in the same condition that you received it from Mr. Pippard? - It was.

When did you give it Girling? - In the course of two minutes after I received it from Mr. Pippard.

For what purpose did you deliver it to Girling? - For Girling to deliver it to the person it was directed to; Girling was a letter carrier of that district.

Court. This was at the general post-office? - Yes.

All this was done in the course of a few minutes? - Yes.

That is, it comes from Mr. Devereux to Mr. Pippard, and from Mr. Pippard to you, then you deliver these letters, that are money letters, to the carriers that take them to the several districts; do you recollect any particular circumstance that makes you remember desiring him to take care of that particular letter? - I remember his telling me he would be careful of the letter and deliver it.

Were there any other money letters at the same time? - I had no other.

How comes it you happen to recollect this particular letter? - As being very careful of our employ; I desired him to be as careful.

Do you do that with all the money letters you receive? - I generally do.

Do you suppose you did it with that particular letter, from that general practice, or do you remember particularly, that you gave these directions with that particular letter? - Particularly.

How came you to remember? - I remember it as a circumstance to be very true.

Do you remember the direction of the letter? - No, I did not observe it.

Why do you think you gave particular directions with that letter? - That he might be careful to deliver it, and bring back a receipt for it, as it was not in my own delivery; I desired him to be particular in the delivery of it.

Prisoner. Mr. Lovatt, I think I heard you say you did not recollect any other money letter, or that there were no other that morning; you know it was not your place to inspect into these cases, therefore you cannot say whether there were or not? - There was no other that I had signed for your delivery; I can say nothing to the others.

JOHN HUTCHINS sworn.

I live No. 15, in Bell Court, Grays-inn-lane.

Do you know Mrs. Horne Lloyd, of Wales? - Yes, she is a relation of mine.

Do you remember to have received any letter on the 20th of July from her? - No, I have not on the 21st nor the 22d; I know the prisoner, this is the fifth time I have seen him.

Did he call upon you any time in July? - The 25th of July he called; I believe so, as nigh as I can guess, at my apartment.

What was his business in calling upon you? - He enquired for me of a neighbour

down stairs; I came down; he asked me if my name was Hutchins; I asked him to come up stairs; when he came in he told me there was a letter in the post office for me, I am certain of the words; I said what is the matter you have not brought that letter to me? he said, Mr. Hutchin's the next time I come I will bring you the letter; but I never saw him till I went to the post office the next Monday, this was on the Wednesday or Thursday; I enquired for the prisoner, and he came to me; I said to him, my friend, where is my letter; says he, I have not got it yet, but I will come to you in the evening; I never saw his face till I came into Bow-street; it was the 12th of August when I was sent for to go there; I received a letter on the 12th of August, from Mrs. Lloyd, informing me that three pounds three shillings had been sent to me; upon that I went to the post-office, to enquire for the letter I had lost, and the gentlemen at the post-office promised to see me righted; and they directed me to go to Bow-street; there I saw the prisoner; I know he is the man that spoke to me before.

Prisoner. The letter was delivered into my care on the 20th, as near as I can recollect; I wish to ask him whether he is positive to the 25th, that I first went to him or not? - It was the 25th of July or the 26th; it was on the Thursday, though I believe at night.

Court. Might it not be the 20th for any thing you know? - I am sure it was not, because I always keep an almanack in my room.

Are you quite sure as to the day of the week? - I believe it was on the Wednesday or the Thursday the 25th.

You are sure of that? - Yes, I am sure of that.

Do you mean to stand there and say positively, on your memory, that it was on any particular day? - I cannot recollect.

Then why did you say just now it was on the Thursday the 25th? - I am sure it was on a Thursday.

What day of the month was it? - Why the 25th, I believe.

You will not venture to speak to the day of the month, only the day of the week? - The letter was dated the 18th of July, that was on a Saturday; I went the Monday following; the prisoner came to me.

Prisoner. Did not I tell you that I had lost the letter? - He told me he had lost the letter out of his pocket; that was the second time I saw him, that he said so.

Did not I ask you to write to your friends, when I told you I had lost the letter? - Yes; he asked me whether I had written to my friends or not; and I told him I had sent a letter away.

Court. When was that? - That was the second time that he came to me; I told him I had written a letter to my friends.

Prisoner. Was there not a person with me, when I came to you? - Yes, a little man.

Did not he ask you as well as me, to write to your friends? - I never heard him.

Did not you, before a witness, after I had said I had lost the letter, agree on the receipt of an answer to that letter, to take to the amount of whatever was contained in the answer from me, as I had lost it? - I thought I should hurt myself by taking any money.

The question repeated. - Yes, he did say so; but then, when I received the account of what was in the letter, I went to the post-office; and on enquiring for him, I heard he was in Bow-street.

Court. When was it that he told you he would pay you the money that was in that letter, when you knew what it was? - It was some time in July.

Prisoner. Whether the person with me did not offer payment as well as myself? - I did not hear him.

Did not I leave him my address? - No; he gave me a bit of a direction with his name.

Court. But you could find him out at the post-office? - Not by that paper.

What name did he give you; was it Thomas Girling ? - Yes.

Was there any place upon the paper, where he lived? - No.

Was it said, post-office, or anything of that sort? - No.

Prisoner. Whether he is confident there were not Lascell's-place, Broad-street, Bloomsbury, on the same paper? - No, nothing but his name.

Where is the paper? - It is at home.

Have you ever looked at it lately? - Never.

Are you sure there was not upon it, Lascell's-place, Broad-street, Bloomsbury? - I am sure there was not; I have it at home in my coat pocket.

Prisoner. I beg the paper might be produced, if possible.

Mr. Fielding, one of the Counsel for the prosecution. Now, honest man, be cool, and recollect yourself; do you remember perfectly, when that young man came first to your house in Gray's-inn-lane? - Yes, I remember it.

He told you that there was a letter for you at the post-office? - He did so.

Did he say anything more than that? - He said there was a letter at the post-office for me; that was all; and I asked him what was the matter he had not brought it? and he told me he would bring it the next time he came that way; he said no more at that time.

Are you sure of that? - Yes.

Did he tell you at that time, that it was a money letter, or contained money? - No; the second time, he told me he would look for the letter, and bring it to me.

Mr. Garrow to Prisoner. Do you wish him to fetch the paper? -

Prisoner. Yes; and I wish an officer might be sent with him.

Court to Lovatt. By the course of the post-office, are not the letters delivered on the same day? - They should be.

HUGH FERGUSON sworn.

I am inspector of the letters at the general post-office; I know the prisoner; on the 20th of July, it was his duty to take letters, and deliver them the same day he received them.

Prisoner. My lord, may I be permitted to call some persons respecting my character.

Court. I will tell you; it is for you to make the best defence you can; and you are at liberty to call any witnesses that you think fit, either to disprove any of the facts that have been proved, or to prove any other facts that may explain those facts; or any thing that you think advantageous to your defence; and besides that, you may call any witnesses to your character; and before you call them, you may, if you think fit, address the Jury.

Prisoner. My lord, and gentlemen of the Jury, the letter was delivered into my care; and according to my usual custom with many letters, I put it into a book which I kept for the purpose; between the post-office and Mr. Hutchins's house, I missed this letter out of my pocket, near Furnival's-inn, where I began my delivery of letters; I went to a friend of mine, and asked him what I should do in the case; whether first to make application to the post-office, or to the person that it was directed to; I had a written receipt from the post-office, in my pocket at the time, which directed me to go to the prosecutor; my friend advised me to go first to the prosecutor, and advise him to write to his friends, whom he supposed might send a letter containing cash; as I supposed by the weight, it did; I went to the prosecutor, and asked him if he expected a letter that day from Wales? he answered no, he did not; but that he had a relation who very probably might send him one; he had a daughter in the country; the person who was with me, said, he had heard me say I had a letter, but I had unfortunately lost it with some other papers, of no value, but to myself; and I immediately begged of him to write to this daughter, whom he supposed might send to him; and whatever it contained, be it what it would, I was very willing to make

him any ample recompence; I desired him not to let the post-office know; the person with me told him, if he would not take my word for the payment, he would be answerable for it; the prosecutor said, all he desired, was to the amount it contained; I immediately wrote him my address on a piece of paper; and told him as soon as he received an answer to his letter, I would immediately wait on him with the money; he agreed to that, and said he was perfectly satisfied; I called several times afterwards, two or three times; I cannot recollect the particular times; but he was not in the way; I asked whether he had received any answer; there was a man in the shop who could not tell; I saw him no more, till I saw him at Bow-street; when I was apprehended on the other matter, he then denied what he had said before; and almost denied my being with him at all; I have nothing further to say; and I submit myself intirely to your consideration.

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

(Hutchins returned without the paper, not being able to find it.)

GUILTY .

Sentence respited till next session, by desire of Mr. Silvester, counsel for the prosecution; who said, that the day before, a charge had been discovered against the prisoner, of a capital offence .

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

Reference Number: t17890909-120

703. MARY MARTIN was indicted for feloniously stealing, on the 30th of July , one muslin shawl, value 2 s. and three muslin half shawls, value 5 s. the property of Samuel Francis , privily in his shop .

SAMUEL FRANCIS sworn.

I live in Windmill-street, Tottenham-court-road ; I am a hosier and haberdasher ; I was not at home; on my return, I met the prisoner in custody of Henry Croker ; and at the watch-house, I examined three half shawls and a whole one, which were my property.

Mrs. FRANCIS sworn.

On the 30th of July, about three, the prisoner and another woman came into our shop to look at some shawls; and none would do; and another woman came in; and they began pulling them about; I had nobody in the shop, but a young infant in the cradle; I know all the shawls; they went out, and bought nothing; and I directly missed one half buff coloured shawl, which the prisoner had looked at in the shop; and was laid down again with several others; I ran after them down the street; and Hannah Boswell ran after them; and the prisoner was taken by Croker the constable; I saw her searched, but nothing was found.

CHARLES STOKES sworn.

I saw this prisoner run into a house, No. 19, in Colwell-court, and come out in a moment; she said to the people, I have robbed nobody; and I followed her to John-street; and there, by the brew-house, I saw her drop this buff coloured shawl; and I delivered it to Croker the con- and marked it at the watch-house.

EDWARD JERDON sworn.

I live at No. 19, in Caldwell-court; and I was sitting at work; I saw the prisoner come in, and throw down these three shawls, at the time Mr. Stokes has just spoke of; I gave them to Croker.

HANNAH BOSWELL sworn.

Deposed to the running after her; and Henry Croker , the constable, came up and took the prisoner into custody.

PRISONER's DEFENCE.

I was walking along; I heard the cry of stop thief, and there were three girls running; they dropt these shawls, and they

took me instead of one of them; I am seventeen the 10th of next June; my friends are in the country.

GUILTY, Of stealing to the value of 4 s. 10 d .

Transported for seven years .

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

Reference Number: t17890909-121

704. NATHAN CRAWLEY was indicted for stealing a truss of hay, value 2 s. the property of John Read and George Smith . And EDWARD BOSWELL was indicted for receiving the same, knowing it to be stolen .

BOTH NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17890909-122

705. ELIZABETH JONES was indicted for stealing, on the 13th of August , an iron trivet, value 15 d. the property of Nathaniel Eggington .

NATHANIEL EGGINTON sworn.

I live in New Compton-street ; I am a smith ; I lost the trivet in the indictment about six weeks ago; but I did not put the time down; the trivet hung by the stall-board; I did not see the prisoner take it; in about a minute after, I brought her back; William Jarvis gave me the alarm; I saw the trivet taken from her by my boy.

WILLIAM JARVIS sworn.

A gentleman gave me information, and I ran after her, and took it from her.

(Deposed to.)

ANN HERBERT sworn.

I saw the prisoner take a trivet from under the stall-board.

PRISONER's DEFENCE.

The prosecutor came to prison to me, and said he should never trouble me about it, therefore I have no friends.

GUILTY .

Imprisoned six months .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17890909-123

706. HANNAH NICOLL was indicted for stealing, on the 24th of July last, a silver watch, value 40 s. the property of James Sykes .

JAMES SYKES sworn.

I am a carpenter ; on the 24th of July, I was very much in liquor, and I went with a woman into Angel court ; I missed my watch as I went home; I cannot say I was in company with the prisoner; I cannot say she took my watch.

THOMAS RICHARDSON sworn.

I am constable of St. James's; about five o'clock, I was going home; I was called back to the watch-house; and the prisoner was there; I knew her; and I said to her, Hannah Nicoll , give the man his watch, and go about your business; I suppose you only took it in a joke; the watch was in her bosom; she persisted she had it not; I pulled it out, when we pulled off her stays; it was down as low as her petticoat strings; then she was committed.

Court. Had she any pockets on? - Yes, she had.

Were her pockets full, or empty? - There was nothing of consequence, but some tickets and an handkerchief.

WILLIAM SMITH sworn.

I am a beadle. (Confirms the above.)

PRISONER's DEFENCE.

I am a married woman; my little boy had been weaned about a fortnight; I went to see him; he was not well; and

as I live at Lambeth, I went to my brother's, No. 14, Queen-street, Golden-square; his name is Walker; and coming down Great Windmill-street, I saw a watch lay; I picked it up, and put it into my pocket; I asked if there was an house open; I went to a publick-house, and shewed it; and two or three came and owned the watch; I would not give it to them; and this gentleman charged me with the watch.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17890909-124

707. SAMUEL DAVIS and WILLIAM WILLIAMS were indicted, for feloniously breaking and entering the dwelling house of Thomas Joseph Bird , one John Smith being therein, about the hour of five in the afternoon, on the 27th of August last, and feloniously stealing therein, a cloth coat, value 40 s. a silk waistcoat, value 10 s. a pair of breeches, value 5 s. a muslin apron, value 5 s. two muslin handkerchiefs, value 1 s. his property; four muslin handkerchiefs, value 8 s. the property of Sophia Steward ; five ditto, value 5 s. an apron, value 1 s. the property of Catherine Steward ; and a muslin handkerchief, value 1 s. the property of Mary English .

(The witnesses examined separate.)

THOMAS JOSEPH BIRD sworn.

I live in Great St. Andrew's-street, St. Giles's ; my house was broke open; I was not at home; John Smith was in the house; I was the house-keeper at that time; my father had it before he died.

JOHN SMITH sworn.

I am servant to the prosecutor; on the 27th of August, I was in his house at work, in the shop which communicates with the house by two doors; one into the parlour, and one into the passage; my master is a gun-smith; and as I was at work, I saw two young men come in at the street door; I thought they had been going into the house about business, to some of the lodgers; but the gentlewoman over the way giving an alarm, I came out of the shop directly, and saw the two prisoners coming down stairs with bundles in their hands; when they came a little nearer to me, I seized the prisoner Williams by the collar; he dropped one of the bundles he had in his left hand, and made his escape; I am quite sure I saw him drop it; I pursued him about twenty rood, hallooing to stop him; and a gentleman put his foot, and threw him down; then I came up, seized him by the collar, and desired the gentleman to assist me; I did not see the other prisoner taken; I never saw either of them before to my knowledge.

Court. Can you be positively certain these are the men? - Yes.

Can you be sure the prisoner Davis was the other man? - Yes.

Was Williams ever out of your sight? - Not half a minute.

Mr. Garrow, Prisoner's Counsel. As there are lodgers, they let themselves in and out, I suppose, by the same door that these people went in at? - Yes.

That door is occasionally left open? - It was upon the latch.

You was minding your work? - Yes.

You do not know it was fastened in any way? - I heard the latch shove up.

But whether it was fastened, you cannot positively swear, to your knowledge? - No.

THOMAS FOLDMAN sworn.

On the 27th of August last, I was at work in Neale's yard; I heard the cry of stop thief; and I saw one of the prisoners coming very fast, and I chucked up his heels, and collared him; then this young man came and said he had robbed his master's house; that was immediately after I took him; going to Litchfield-street, I took these keys out of his pocket (produces a large bunch of keys); I had seen him before; I know him now.

JOHN BURFORD sworn.

I live in the same-street: with the prosecutor; and I heard the cry of stop thief, with a very strange and powerful voice; and I stopped the prisoner Williams, who was running as fast as ever I saw a man run in my life; he was running very hard; I stopped him, and had a long tussle; and sprained my shoulder; this bundle he had under his left arm; he never got from me; I have kept the bundle ever since; I dried the things because they were wet.

JOHN MORGAN sworn.

I saw Mr. Burford run and seize this prisoner Davis; I assisted him; that is the same man.

ANN HINDES sworn.

I was looking out at my three pair of stairs window, on the 27th of August last, between four and five; and I saw the two prisoners taking the linen off the line, out of Mr. Bird's house, the one pair of stairs room; I live opposite; I never saw either of them before to my remembrance; the line where the clothes hung was close to the window; the windows were open; I am quite sure the prisoners are the men, because I hastened down to give the alarm; and I saw the prisoners come out at the door; one had a bundle; that was Williams; the gentleman that stands next to me.

FRANCIS MARY BIRD sworn.

(Looks at the things.) Here are an apron and five handkerchiefs of Catherine Steward 's; four handkerchiefs and three aprons of Sophia Steward 's; the handkerchiefs are marked, but not the aprons; we have had them often to clear-starch; I know them, and one apron and two handkerchiefs of my mother's; them I know; and one handkerchief of Mary English 's, that was sent to be clear-starched.

Court to Smith. Who picked up the bundle in the house? - A gentlewoman in the one pair of stairs; she is not here.

Prisoner Davis. I leave it entirely to my counsel, Mr. Garrow.

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

BOTH GUILTY of stealing .

Transported for seven years .

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

Reference Number: t17890909-125

708. CHARLES SILVERWOOD was indicted for feloniously assaulting William Summers on the king's highway, on the 9th of September last, and putting him in fear, and taking from his person, and against his will, five linen shirts, value 25 s. a silk handkerchief, value 1 s. the property of Andrew Nelson .

(The witnesses examined separate.)

ANDREW NELSON sworn.

I am clerk to Mr. Alexander Brodie , in Carey-street; on the 9th, in the evening, I sent the boy, William Summers , to his mother with five shirts and a silk handkerchief, in Pye-street, to be washed; I saw the things next morning at the Justice's.

WILLIAM SUMMERS .

Court. How old are you? - Twelve years, the 20th of August last.

Can you say your catechism? - Yes.

Do you know the nature of an oath? - Yes.

What will become of you, if you swear falsly? - Go to hell, Sir.

WILLIAM SUMMERS sworn.

I was sent by Mr. Nelson, from Mr. Brodie's to my mother's, with five shirts and a silk handkerchief, what they were tied in; I live at Mr. Brodie's, my mother lives at Westminster; she takes in washing; there was a piece of plumb pudding in the handkerchief, which was my own; as I was coming along the Strand, it was almost eight o'clock; and I saw a hackney coach going along, and I got up behind it, being rather latish, to make haste; I rode

down as far as Lancaster Court in the Strand; then the prisoner and two more came to me, one jumped on one side and one on the other side the wooden rail that is behind the coach, and the third kept running behind; that was the prisoner; and when I got right facing St. Martin's-lane , the prisoner snatched the bundle out of my hand, and ran up St. Martin's-lane; and the other two that were behind ran up the Strand towards Temple-bar as hard as they could; I got down opposite Chancery-lane, and called out stop thief; and I never lost sight of him till two gentlemen got hold of him and the mob got round him; these gentlemen took him into the watch-house; they asked me if it was the man; and I said it was; he had the bundle under his arm: the beadle has the bundle; I described the things before he opened the bundle.

Court. Did either of the three men speak to you? - None of the three men spoke to me at all.

Did they pull you down when they took your bundle? - No, but he gave me a good tug; he snatched the bundle, and ran off as fast as he could; and I cried and run after him; I had no suspicion of his taking the bundle.

Prisoner. Did not you say before Justice Read, that you lost sight of me three minutes? - No, I did not; I said I lost sight of him half a minute, just when the mob got round him.

PHILIP PILGRIM sworn.

On Wednesday, the 9th of September, I was at my door, and I heard the cry of stop thief; I looked down the lane and saw several people running, and saw the prisoner with a bundle under his left arm; I immediately caught hold of him, and secured him against the wall; Mr. John Ashley , a neighbour, was running after him at the same time, and laid hold of him; then the boy came up; we asked the boy if that was the man; he said, yes; and told us every thing before the bundle was opened; the boy said, there were five shirts, and a piece of boiled plumb pudding, and a silk handkerchief.

JOHN ASHLEY sworn.

Deposed to the same effect.

GEORGE GARDNER sworn.

I am beadle of St. Martin's; I was on duty that night at the watch-house, and when I got there the prisoner was there with a bundle under his arm; the boy described the things in the bundle; it has been in my possession ever since.

(The things deposed to.)

Prisoner. I leave it to my counsel.

The prisoner called four witnesses, Mr. Cooper and three other persons, with whom he had worked, who all gave him an exceeding good character.

GUILTY, Of stealing, but not violently .

Transported for seven years .

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

Reference Number: t17890909-126

709. THOMAS TILLEY was indicted for stealing, on the 22d of July last, a brown gelding, value 6 l. and a bay gelding, value 6 l. the property of John Wright .

JOHN WRIGHT sworn.

I am a hackney coach-master ; I swear to my property.

WILLIAM WRIGHT sworn.

I am brother to the prosecutor, I was out with the coach on the 22d of July; I set it at the stand in Piccadilly between eleven and twelve at night; I left it there, I was back in about ten minutes, when I came back it was gone; I ran up and down the rank, I could not see any thing of it; I went to the publick-house, and

pulled off my box coat, and pursued after it towards Vauxhall, and just before I came there I met it coming along the road; I asked the driver where he was going with them horses? he said the coachman was behind; I said you must be the coachman, you are driving it, and he immediately stopped the horses, and jumped down behind; I ran round and took hold of his collar; he said the rest be behind; I looked and there was nobody behind nor in the coach; I looked in the coach; I told him he must go with me; I drove him on the box to Piccadilly, he went very quietly; I took him to the watch-house.

Do you know that this coach and horses were your brother's? - Yes.

What were they? - Both geldings, one a dark brown and the other a light bay; they were worth about six pounds a piece; the prisoner is the man that was driving the horses along the road; I never saw him before; he did not say where he was going.

Mr. Garrow, Prisoner's Counsel. When he said the coachman was behind, there was somebody behind? - There was.

That man immediately made his escape? - He did.

Do you know a man of the name of Holmes? - No.

Have you found him since? - No.

I observe this man was committed only on supicion? - Yes.

The account this man gave of it, was that Holmes had desired him to drive for him some time, and that he had driven him to the Back Hill, and was coming back? - Yes, he said he knew nothing about it.

Your number was upon it just as you left it? - Yes.

Is Marks one of the watering-men, at that rank? - I know the watering-man very well; he is called by the nick name of black muzzle.

Is he here? - Yes.

Did not the prisoner tell you afterwards, that black muzzle can tell you all about it? - Not then.

PRISONER's DEFENCE.

I was standing in Piccadilly; I was called to by Henry Holmes ; he asked me if I was engaged for the night; I told him no; he said he should be glad I would drive him for the night; I was to have sixpence and a slice of bread and cheese for my supper, and something to drink in the morning; I asked him the coach, he told me it was on the rank; he went and fetched it; he brings me the coach, and gave me the whip; and he said he met with a friend; they both got into the coach and pulled the door after them, and told me to drive to Vauxhall, and then he would leave me till three; I drove to Vauxhall, and he got out I suppose a hundred yards before he came to Vauxhall; I enquired of a waterman, and they said there were not many people in the gardens; by that means, he said, you may as well go to the Borough and get some money, and come to me at the Pilgrim in Holborn; and says he I will ride at the back of the coach; they got behind the coach, and I had not come above two hundred yards before Mr. Wright came to me; Mr. Wright says, d - n your eyes stop; what for? says I; says he, because the coach and horses are mine; says I, it never was; that is a d - d lie, because the coachman is behind; says he, the man you now say is the coachman is run away; I went to go look, and he laid hold of my collar.

WILLIAM MARKS sworn.

I was watering-man in Piccadilly; I saw Holmes standing with a whip in his hand, but I did not see this young man; when I heard it was missing, I said, I have no suspicion of any body but Holmes; he had no coach belonging to him.

What is become of Holmes? - I heard of him, that he was at Edmonton Statute these two days; that he drove a coach there, and bilked a man out of eleven shillings and sixpence.

Is it common for the hackney coachmen to get people to drive for them sometimes?

- I do not know; I know Holmes, and he had not been long out of trouble for the same thing; Holmes had a young man with him in an apron; Holmes spoke to William Holland at the same time.

WILLIAM HOLLAND sworn.

I had been driving the jobs; I know a man of the name of Holmes; I saw him that night about twelve, in Piccadilly; I did not observe whether he had any whip; I knew him before; he bore a very middling character; he was once tried for stealing a coach and horses.

Did you see that lad there that night? - I did not, I did not see any body with Holmes; when he came and spoke to me, and said what thief is that? they call him Louse more than his proper name; says I, is that Louse? yes it is, says he, I thought it was some thief or other; very well, says I, I shall see you again about that.

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

NOT GUILTY .

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

Reference Number: t17890909-127

710. The said THOMAS TILLEY was again indicted, for stealing on the same day, a hackney coach with four wheels, value 4 l. the property of John Wright .

There being no other evidence he was ACQUITTED .

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

Reference Number: t17890909-128

711. ISABELLA ROWLES alias HAYES was indicted for stealing, on the 15th of August last, four guineas, and a half guinea , the monies of John Gray .

ISAAC FLETCHER sworn.

The prosecutor came to me on the 15th of August, about ten in the evening, to inform me the prisoner had robbed him of four guineas and a half; I belong to the publick office in Wellclose-square; the prisoner lived in Cable-street, a woman of the town; I went with him and took another person, and searched the house where she lives; she was not there; there are other people in the house; I found nothing; in about a quarter of an hour after, she came and surrendered herself; she was put into the watch-house; she said she knew nothing about it; she was searched, but nothing was found.

JOHN GRAY sworn.

I am a mariner ; the prisoner robbed me of four guineas and a half, the 15th of August, at half after nine; I saw her at the Blue Anchor; I was there with another girl; I was in liquor; I met with her in Cable-street ; I went with her about nine, to her apartment; I did not go any where with the other girl; I was with the prisoner about a quarter of an hour; I gave her four-pence, for half a pint of gin; afterwards she wanted me to stay all night, and I was coming, and she shoved me against the partition and put her right hand round my neck, and her left hand into my trowsers pockets, and took out four guineas and a half; I employed Mr. Fletcher to see me rectified; she went away, and was gone about a quarter of an hour; I did not see the money in her hand; I felt her hand in my pocket; I was not strong enough to prevent her, being rather in liquor at the time; I had not my senses about me, I was so much in liquor; I have got my senses somehow at present; I did not see the money in her hand; I cannot say how long before that I put my hand in my pocket; I had five guineas and two half guineas, before I went with the prisoner; she left a guinea and a half behind.

Prisoner. Have not you been down treating me with some beer, and saying you was sorry you found the bill, for the

other girl was guilty of the affair; it is just now, Mr. Owen saw him.

Owen. He has been talking with her below in the Bail-dock; I know nothing of what they said; they had some beer together.

Prosecutor. I gave her a pint of beer, and that was all.

Have you at any time said to her you was sorry or satisfied that the other girl was guilty? - I did not.

Prisoner. He certainly did, and more than that he gave me three damsons out of his hand; I was standing at my own door and this John Gray came up to me, and he called me by my maiden name; I knew him four or five years past.

Prosecutor. I have known her at different times.

Court. Did she ever rob you before? - No.

Prisoner. He asked me if I would have any thing to drink; he said I have been with a young woman; I fetched a quartern of common liquor; I wanted him to go home; he gave me a groat for more liquor; while I was gone for the liquor, he came out of the place, and said I had robbed him.

NOT GUILTY .

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

Reference Number: t17890909-129

712. MARY MORGAN was indicted for stealing, on the 30th of August last, a metal watch, value 40 s. a steel chain, value 6 d. and three seals, value 6 d. the property of Robert Roberts .

ROBERT ROBERTS sworn.

I lost my watch the 30th of August, about twelve in the day, in Star Court, St. Giles's ; I had a little business to do there.

Was you drunk or sober? - Quite sober; between three and four years ago, the prisoner had been a neighbour of mine; she sold fruit then; and she asked me into her room; I went in; and she gave me a shove immediately, and took my watch out of my pocket, and set off immediately; I followed after her, and could not see her; I got an officer to seek after her; she left her lodgings immediately; and we found her last Wednesday was a week, in the narrow part of Holborn, between nine and ten at night; I never found my watch; I had no acquaintance with her since she left our neighbourhood; my business in Star Court was not with her; nothing else passed between us.

Prisoner. Did you ask me for a dram? - No.

When you went in with her, you did not know or suspect that she wanted any thing with you that was improper? - No, upon my oath.

RICHARD LOVATT sworn.

I apprehended the prisoner the 9th of September in the narrow part of Holborn; the prosecutor was with me; he told me the prisoner was the person who robbed him; I took her into custody; I searched her at her lodgings, and found nothing at all upon her, not the least in the world; there were some duplicates, but nothing relating to the watch.

PRISONER's DEFENCE.

He came to my room, and asked if I would have a dram; after the dram came he had not money to pay for it; I left him in the court; he was very much in liquor; a neighbour called me and my child up to have a bit of victuals with them; by and by he came back again and said he had lost his watch; I left my lodging because I owed money; I went out with my oysters as usual.

NOT GUILTY .

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

Reference Number: t17890909-130

713. JOHN SAFELY was indicted for stealing, on the 9th of September last, four linen aprons, value 8 s. a callico shawl,

value 1 s. a cotton gown, value 5 s. a cotton petticoat, value 5 s. a shift, value 5 s. three cotton stockings, value 1 s. 6 d. the property of Sarah Mayles ; five frocks, value 30 s. eleven pin-cloths, value 6 s. a pair of shoes, value 1 s. two caps, value 6 d. three shirts, value 2 s. two half handkerchiefs, value 1 s. two towels, value 6 d. a folding sheet, value 6 s. the property of George Best , Esquire .

SARAH MAYLES sworn.

I am the nurse that belongs to the child, I live with George Best , Esq. at Stamford Brook ; the child is about fourteen months old; I lost all the linen in the indictment on the 8th of this month, out of the landry; it had been washed and hung out to dry, I saw it at six in the evening; about nine the next morning, I found the landry window broke; the window appeared to have been wrenched open with an iron; the things are here.

JOHN SMITH sworn.

I am servant to Mr. Best; my fellow servant called me in the morning, and I found the window broke open, and this iron sticking in the ground, under it; the window is not above three feet high; it opens towards the shrubbery in the garden; the window appeared to me to have been wrenched open with this iron. (A gardener's tool to hold a line.)

A WITNESS sworn.

I am shepherd to Mr. Bowling, at Turnham-green; about a quarter of a mile from Mr. West's; I saw this prisoner about seven on Wednesday morning, the 9th of September, in the the third field from Mr. Best's; he was walking about the field; it is no foot path, and I thought he had no business there; as soon as I got out of his sight, I watched him, and I saw him go to a dunghill, and take two bundles out; he tied them up in a blue apron, and got over in a common field, and there is a foot path to Acton, and under a bit of a brow of bushes he stopped; I went across to him, and he put the bundle down; I asked him if he was at breakfast, or at work for any body there? and he said, yes; then I named some person, and he said no; I went down a little, to get over the common shore, which is very wide, to get over to him; and as soon as he saw me coming over, he took up the bundle, and made the best of his way; he only walked; I overtook him at some distance; I asked him what he had there? he said it was no business of mine; I told him I thought he had something there, he should not have; I insisted on seeing what he had got; he said I should not; and he kept on; and I kept on the side of him, till we came to the Uxbridge Road; and he made a short turn; and I said, what do you turn for? and he said, I will go back again, what do you follow me about for? I said, I will follow you, go where you will, to see what you have in the bundle; and he turned back towards Turnham-green again; and I turned with him; and when he came into the middle of the field, he threw down the two bundles, and said, you may have the bundles, if you will let me go about my business; and I took him by the collar; and he threw himself back, to get away from me; and drew himself clean out of his coat, and ran away; and I after him; I catched him at some distance, and brought him back, and put his coat on again; and he went down on his knees, and begged and prayed to me; and said he had a wife and five children; and he said, should I either hang or trouble him, what was to become of his family; then I secured him, and took him to Acton; and took the bundle; the constable has had it every since.

WILLIAM HAYWOOD sworn.

I took the prisoner into custody, and the property; I have had it ever since.

(The things deposed to.)

PRISONER's DEFENCE.

On Wednesday morning, I got up from my wife and small family, desiring to get some bread for them; I went through

Hammersmith, and I could not light of any work; I thought I would take across the fields to Acton and Brentford; and as I was going along, I saw an old bit of a dunghill; and commonly there are mushrooms in it; and I went to look, and there I found this bundle; I went directly over to this corn-field, and sat down; and there this man came and took me; and brought a great dog, which frightened me.

The prisoner called one witness to his character.

GUILTY .

Transported for seven years .

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

Reference Number: t17890909-131

714. ELIZABETH RIGBY was indicted for feloniously breaking and entering the dwelling house of Samuel Tagg , no person being therein, about six in the forenoon, on the 1st of August last, and stealing a mahogany tea-board, value 6 d. a looking glass, value 1 s. six table knives, value 3 d. six forks, value 3 d. a tin canister, value 1 d a japanned ditto, value 3 d. an earthen ware tea-pot, value 1 d. a cloak, value 3 d. a bonnet, value 3 d. a shift, value 3 d. six pieces of linen cloth, value 6 d. a bolster, value 2 s. a hood, value 6 d. a tucker, value 2 d. six plates, value 3 d. a glass, value 2 d. four cups and saucers, value 3 d. three towels, value 4 d. and one cane, value 4 d. his property .

SAMUEL TAGG sworn.

I live in New-court, Portpool lane ; there was nobody at home in the house; my wife and eldest daughter were put to gaol by a wrong information; and I have two little children; they live with me; I left my house the 15th day of July last, for fear of my children going to the workhouse; I went to Hosier-lane, where I have lodged ever since, to avoid being served with a bench-warrant that was out against me; my wife continued in the house till the 27th of July; then she and my daughter were served with a warrant, and sent to gaol; the two young children, one about seven, and the other about ten, came to me and told me; and I kept them with me; I went to the house, on or about the 1st of August, in order to get a stove out; my boy and me went about half after four, or a little before five, to the house, in the morning; I thought I saw the necessary door move; I went to it, and saw a woman asleep on the necessary, and two women standing by; and one of them, which is the prisoner (whom I never saw before) said, I am so sorry for your poor wife and daughter? yes, says she, we went to school together; she went to the publick-house, and I got the stove out, and put it on my little boy's back; I opened the shutter of the window, as I could not get in at the door; then I opened the door; and I fastened the door again withinside, with a poker over the latch; I came out at the window; and a pane being broke, my boy put his arm through, and fastened the window; I held him while he did it; and tried it afterwards; I shut the wooden shutters on the outside, put the stove on the boy's back, and came away; some little time, I had occasion to go there again in three or four days; and every thing was turned upside down; and there was not a knife; every thing I had in the world, pulled about; and not so much as a towel left; on the 1st of August, I perceived nothing missing; when I went the second time, the shutters were put to; but the hook was undone that fastened the window; I missed a tea-board and looking-glass; and the knives and forks, about eight or ten; there were two tea-cannisters, and a tea-pot, and cups and saucers; I believe there were four; I did nothing till my wife came out of prison, which was the 13th of August; and she went and took up this prisoner by a warrant; the tea-board and looking-glass were found, and are here; nothing else was found.

Prisoner. Did not you go down to

Holborn-hill with me, and want me to go and sell your stove? - I did not; this is the second time I ever saw her in my life.

Prisoner. You was tried last Monday week yourself, you know; did not you ask me to mind your place; (he keeps a house for company to go into) and let company in; and offer me six-pence a night, and my supper? - I did not.

Did you go to Mrs. Harris's to drink a pint of beer? - Never.

SUSANNAH TAGG sworn.

I can swear to my tea-board and looking-glass.

While you lived in Portpool-lane, did people come to drink in your house sometimes? - No.

Did you let people come to lodge sometimes? - No; she is a stranger to me; I never spoke to the body in my life.

MARY HARRIS sworn.

I keep a shop, a few mercers goods and clothes; I know nothing more of the prisoner, than selling greens, and apples, and fish, and such sort of things; I have bought of her several times; she brought a looking-glass about nine in the morning, the beginning of August; but I cannot tell the day; she asked me to buy it; I looked at it; and I told her the silver was off, it was not saleable; she said, a poor woman was brought to bed, and her distress was great; I gave her six-pence for the looking-glass; on the following morning, Friday, about nine, she brought a tea-board in; I asked her if it was her own? she said it was the poor woman's that was in the same extremity; she asked one shilling; I gave her ten-pence; I never saw Samuel Tagg till he came with his daughter about the things; the prisoner kept a green-stall opposite my door; I have bought fruit and fish of her; she appeared a clean woman; I delivered the things up at the Justice's.

( Sarah Brown called, and did not answer.)

MATTHEW BILBY sworn.

I am a constable; I went to serve a warrant on the prisoner in Portpool-lane; she came very contented; I went to Mrs. Harris's, and found this looking-glass and the tea-board withinside.

(The looking-glass and tea-board deposed to.)

PRISONER's DEFENCE.

The very first day of oysters coming in, I got up to get my oysters; and I saw Mr. Tagg standing there; and he asked me how I did? I said, pretty well, I thank you; and asked him particularly of his wife and daughter; he asked me for a dram; I went to Billinsgate, and came up again; and saw Tagg at the corner of Portpool-lane; says he, Betty, will you do me a favour, to sell my stove? says I, the brokers will blow upon it, you had better have a broker at home; I took this glass, and sold it for six-pence; he stood at the corner of Saffron-street; I gave him the money; the next day I sold the tea-board for him, and carried him ten-pence; says he, if you do not get me more, I will swear a robbery against you; the gentleman at the alehouse, that keeps the Falcon in Portpool-lane, said he would swear anything; Mrs. Tagg asked me to give her a guinea; Mrs. Harris is a witness that she came to me.

Court to Mrs. Tagg. Is that so? - No; she sent to me, to offer me a guinea, and all my things replaced at home.

Court to Mrs. Harris. What distance is the place where this woman keeps a green-stall, from Portpool-lane? - It is some time ago since she kept it; it might be about two hundred yards.

Court to Mrs. Tagg. Did you go to her in the prison? - Yes; but she said nothing about guineas, nor any thing else; I only wanted to know what she wanted; says-she, not to appear against me, or you will hang me; I said, I have nothing to say to you, Bett; I did not know her before.

Mrs. Harris. I heard no conversation

between Mrs. Tagg and the prisoner; I never saw the woman before this trouble.

NOT GUILTY .

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

Reference Number: t17890909-132

715. JOHN BAYNES , alias BARNES , was indicted for feloniously assaulting Thomas Ward , on the 10th of September last, on the King's highway, and putting him in fear, and feloniously taking from his person, and against his will, a canvas bag, value 2 d. nine guineas and sixteen shillings, his property .

(The witnesses examined separate.)

THOMAS WARD sworn.

I live at Wisbeck in Cambridgeshire; I went to see the soldiers exercise on the 10th of September, in the Court-yard, St. James's, to relieve guard; coming back in the narrow passage, coming into St. James's Park , the prisoner and two or three more, stopped me there, and crouded me up against a wall; they lifted me off my legs; I saw the prisoner very plain among the rest; this is the person; I did not know what they were doing; my son called to me, and said I was stopped; and when I got to him, he asked me if I had lost my watch? I put my hand to my pocket, and said, no, I have lost my money; my pocket was half out, and my money was gone, nine guineas in gold, and near twenty shillings in silver; and there were two small keys in the purse; and a gentleman hearing it, said, that villain in the green coat has got it; that was the prisoner; he had a green coat on; my son and me ran after the prisoner; my son caught hold of him by the collar; there was another man with the prisoner, they both put themselves in a position to fight us; I cannot say whether the other man was in the passage; I called out stop thief! there came plenty of assistance; the other man ran away; and we took the prisoner, and held him; we had him to one of Mr. Bond's men; and he searched him; nothing was found on him belonging to me.

Court. At the time you was jostled in this place, how far was the prisoner from you? - Just by.

Court. None of the men said any thing to you? - No.

Did you see his hand in your pocket? - No, I did not.

Did you feel any body's hand in your pocket? - No, I did not; it is impossible in that croud, so as I was jostled.

Who was that gentleman that said, that villain has done it? - I do not know.

Is he here? - No.

Mr. Chetwood, Prisoner's Counsel. Then there was a great croud? - Yes; they made a great croud.

It was just after the guard had relieved? - Yes.

Many people going away, and many coming in? - Yes.

There were a great many people in the whole? - Yes; there were many people going through, to be sure.

You did not observe that man touch you? - I was as near to him, as I am to my hat.

WILLIAM WARD sworn.

I am a son of the last witness; on this day my father and I was in the Court-yard, St. James's, looking at the soldiers relieving guard; and I saw the prisoner, and two more, looking very earnest at my father; when we came out, they followed us into the passage; they were behind us; and then the prisoner stepped betwixt me and my father, and shoved him up against the wall; parted us; he stood right between us with his hands.

Did he do it with violence? - With a shove; I turned round, and said, father, come along; he made answer that these fellows had stopped him, and would not let him go on; my father was shoved close to the wall; I said, have you lost your watch, father? he said, no; he felt to his

pocket, and said he had lost his money; I followed the prisoner immediately; and my father caught him; he made a posture of defence; I had not seen the prisoner do any thing.

Was any body else with the prisoner? - There were two more, but they ran away; one before we caught him by the collar, and the other after.

Did that one that stood behind, put himself in a posture of defence? - I saw two put themselves in a posture of defence.

Mr. Chetwood. Did you take such notice of the prisoner, that you should have followed him, if he had not been pointed out? - Yes; I was not directed to pursue him; I did it, because I saw him look at my father.

Was there a very great croud of people in that passage? - Yes; but not before that shove was.

Have you been told there is forty pound for the taking of this man? - No; I hope not; I hope for nothing of the kind.

WILLIAM ROSE sworn.

Yesterday week, I went to see the soldiers relieve guard; and a woman passed me, and said, what a shame it is to take the old gentleman's watch from him; after I came into the Park, I saw the prisoner and two more young men walking on the paved stones, towards the Park; I saw the prisoner put something into another young man's hand; but what it was, I cannot say; I saw the prisoners in the Court-yard; I did not observe him near Mr. Ward; I never saw the prisoner in the passage at all.

Mr. Chetwood. And when you saw him in the Park, he was walking quietly along? - Yes; very soberly.

PRISONER's DEFENCE.

I had nothing to do, being vacation; I went to see the soldiers; and came out with the rest of the people; I might be pushed against my prosecutor; I cannot say.

The prisoner called one witness to his character.

GUILTY .

Transported for seven years .

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

Reference Number: t17890909-133

716. JOHN WHITEHEAD , alias SMITH was indicted for stealing a cloth coat, value 10 s. the property of William Martin .

WILLIAM MARTIN sworn.

I keep a copper-smith's shop in Houndsditch; I lost my coat from behind the chaise, with my mother in the chaise; I jumped out of the chaise, and a person got the coat; and I pursued the prisoner, and took him; the constable has it.

THOMAS MILNER sworn.

I heard the cry of stop thief! the prisoner was running along; I pursued him, and saw him drop the coat; and took him.

WILLIAM JOHNSON sworn.

I am watchman; I saw the prisoner running with the great coat on his arm; he dropped it in my sight.

GUILTY .

Whipped .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17890909-134

717. JOSEPH SALMON was indicted for stealing, on the 19th of August last, a brass two pound weight, value 1 s. 6 d. one half pound weight, value 6 d. one quarter of a pound ditto, value 2 d. one ounce ditto, value 1 d. one half ounce ditto, value 1 d. the property of Richard Bennett .

RICHARD BENNETT sworn.

I am an oil and chandler-man in Fore-street ; between two and three in the afternoon, of the 19th of August last, the prisoner came into my shop for some small beer; and I heard the chinking of weights in his pocket; and I looked on the counter, and found my weights were gone; he wanted some more beer, and I would not draw it; and he was going out of the shop, and I stopped him; and he pulled out two weights; and he pulled out four more, a quarter of a pound, a two ounce, a half ounce, and a quarter of an ounce.

Prisoner. I was very much in liquor when I went in; I know not how the weights came in my pocket.

Prosecutor. He had the same jacket on he has now.

GUILTY .

Whipped .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17890909-135

718. JOSEPH SPENCER was indicted for stealing, on the 21st of August , fifty pounds weight of lead, value 5 s. the property of Andrew Buck .

ANDREW BUCK sworn.

I live at Hoxton; I lost some lead from a house in Dun's-alley , on the 23d of August, about two in the afternoon; it was taken from one of the gutters; I had but just taken the premises; I cannot say the lead was there; I found the lead afterwards on the premises; I did compare the lead, and tried it, but it did not fit, being cut in many pieces with a tenant saw, and a knife, which was found on the spot; and some being gone, we could not fit it.

DANIEL THURSTON sworn.

The prisoner brought a bit of lead to me on the 21st of August, about eight or nine in the morning; he asked me to buy it; he said he had one hundred and a quarter more; and said, he had had it by him six months; there was eleven pound of it; I gave him thirteen-pence halfpenny for it; here is the lead.

- SACKVILLE sworn.

I only produce the lead; I did try to compare it, but could not find it would fit any part of the gutter; it is milled lead, the same as the other.

Court to Buck. Did you see the prisoner upon the premises? - I did not.

Thurston. I saw the prisoner upon the premises, with his head and shoulders out of the window, upon the gutter; says I, you villain, this is the hundred and a quarter of lead I was to have had; but I went to Mr. Buck and shewed him the man, I supposed had stole the lead; upon searching the house we found this lead beat up together; it had been cut with a saw.

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

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17890909-136

719. EDWARD STEEL was indicted for stealing, on the 7th of September , one guinea, and a half crown , the property of William Mumford .

WILLIAM MUMFORD sworn.

I am a servant , on the 7th of September I was at Bartholomew Fair , at a quarter after four; I took my little boy on my shoulders, near the wild beasts, and two men stopped me; I asked them to let me pass, and they laughed at me, and they pushed me up against the prisoner; and I found my pocket was turned inside out; and the prisoner shoved behind; and the money dropped out of my pocket; on turning myself round, I saw the prisoner picking it up with another man; the prisoner said he only picked up a few halfpence; one Mr. Harper prevented him striking me; the officer and we searched him, and found three shillings, a sixpence, and some halfpence upon him; the guinea we could not find; the sixpence I believe to be mine.

- HARPER sworn.

I am a taylor; I saw a bustle; I looked and saw money drop; I saw Mumford had the prisoner by the collar; upon searching him he had four halfpence in his hand, and three shillings and a sixpence; upon which he was put in charge, and taken before the magistrate, and committed.

ROBERT NEWMAN sworn.

I am a constable; I only took him, and on searching him I found the halfpence, all over mud in his hand, and in his pocket three shillings and sixpence.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17890909-137

720. ROBERRT READ was indicted for stealing, on the 28th of July , 15 lb. of cheese, value 5 s. the property of Christopher Burke .

CHRISTOPHER BURKE sworn.

I am a glazier ; on the 28th of July, on a Tuesday, in the evening; the cheese ten minutes before seven lay in the shop; I saw the prisoner have it in his possession; as soon as he saw me after him, he threw it away; I stopped him within ten yards of the door; I never lost sight of him.

(The cheese produced and deposed to.)

GUILTY .

Whipped .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17890909-138

721. THOMAS MORGAN was indicted for stealing, on the 9th of July last, three large pieces of fir timber, value 3 l. 10 s. the property of George Clay , and Conrad Barrett .

And CHARLES BLAKE was indicted for feloniously receiving the same, knowing them to be stolen .

RICHARD PHILLIPS sworn.

I know Mr. Clay from this circumstance, my father keeps a wharf for drawing timber and deals; on the 8th of July Mr. Blake the prisoner applied for a carriage to draw some timber from our wharf, on the following flood; I arose between five and six in the morning; I saw the timber on the dock; while I was setting the people to work Mr. Blake came on the wharf, and told me it was the timber, and requested me to draw it; I ordered it to be loaded; he asked me the expence; I told him I could not inform him, as we draw by the load; I charged him seven and sixpence, and asked him where it was to be drawn; he said, to Thomas-street, Tottenham-court-road; he paid for it, and I sent the carriage off; on the 9th Mr. Clay came on our wharf, and enquired after the timber; I informed him where it was; I went with him to Thomas-street; I saw the timber lay there; I knew it again immediately; I shewed it to him; I know it to be the same.

Mr. Garrow, Prisoners Counsel. How often did Mr. Blake attend at the magistrates with you, on this subject? - I believe it was twice.

Was it not oftener? - I believe not.

Did he attend in custody, or voluntarily? - Voluntarily.

Did you take any part with him to discover a person of the name of Smith? - I did.

Smith was mentioned by him as the person that sold the timber to him? - He was so.

When you saw them with Blake, they were not cut up, or altered, but in the same state? - Yes, they were laying in the open street.

The prisoner Blake has now surrendered? - Yes.

Did not he take pains, like an honest man who wished to find that person Smith? In answer to that, I am of opinion he did take infinite pains; Blake called on me once or twice; at another time he met me in St. Martin's-lane, he asked my advice; says he, I am taking pains night and day to find the man; could you direct me to find him; why, says I, advertising him will make him keep out of the way; if you can go down below; I never saw him otherwise, but very anxious on the business; Morgan was the waterman who towed these deals; I never saw him before I saw him at the justice's; I am told he is the waterman; I saw Morgan at Sir Sampson's; and he was at liberty to go away; that was the first examination.

Court. Have you any ground upon which you can form any belief, as to the time, since you went before the magistrate? - Between the 10th and 13th of July.

JOHN CLAY sworn.

I am a timber merchant ; my partner's name is Conrad Barrett ; on Wednesday the 8th of July, I saw the timber all very safe; there were four floats; it was in Church-walk, Rotherhithe; it was late in the evening, between eight and nine; I did not miss them, till I received information, which was the next day, in the afternoon; when I had information, I went down and looked myself, and I saw they had been stolen, from the rope being cut that fastened them; we went to Thomas street, and found it there; it was my timber.

Mr. Garrow. I believe afterwards this man, Blake, attended several times at Bow-street? - Two or three times.

He came voluntarily? - I will tell you how far; he was not in custody; but I had

a warrant out, and had taken some pains.

At last he was admitted to bail, and has surrendered here; and I believe from first to last, he told you he had purchased this timber, of a man, whose name was Smith? - He did.

I believe the other prisoner, Morgan, attended, and confirmed that story? - He did.

Was not Morgan discharged at the very first? - I do not know that he ever was taken up; at least it was a very considerable time before he was taken up; two months, at least.

I believe Mr. Blake was bound over, not as the receiver, but as the thief? - Yes.

Did not this man take a great deal of fair pains to examine Smith? - Not that I know of.

THOMAS COX sworn.

I am a tide wharfinger; about two in the morning, on Tuesday the 9th of July, I turned out, in order to do the business of the dock, Mr. Phillips's dock; I saw three pieces of timber lay a head of the dock; I was shoving out a barge, and I wished to get a head of the dock; I turned my head round, and I saw Thomas Morgan , the prisoner, coming over the craft; I asked him if that timber in the head of the dock, belonged to him; he said, yes; I asked him who it was for; he said, he did not know the man's name; I asked him if he had any note with him; he said, no, he said, a note was not material, that the person whom it was for, had been with our clerk the night before, and it was agreed to be drawn early that morning; he then went forward to the head of the dock, he walked over the craft; I told him to shove it up the dock way, as I was satisfied with that answer; the young man took the rope, that was brought up with it, and went away with it.

Mr. Garrow. This man came at the regular time of the tide, with his float? - Yes.

And he left it there without any concealment? - He brought it in the usual way all timber is brought.

What is Morgan? - He is a waterman, and his father is a pilot; I never heard any thing, before this, against his character.

Did he continue in his business, publickly working in the Thames, from the time he was in Bow-street? - I have no doubt but he did; I had not an opportunity of seeing him.

He came to the same wharf in the afternoon? - I believe he did; he was employed as the waterman, towing; otherwise they would have taken him into custody.

Prisoner Morgan. I wish to leave it to my counsel.

Prisoner Blake. I wish to leave it to my counsel.

The prisoner Morgan called three captains of ships, whom he had sailed with, who all gave him a very good character; and Mr. Garrow said he had above twenty witnesses, of the same description, who would all say the same.

BOTH NOT GUILTY .

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

Reference Number: t17890909-139

722. CHARLES SHEPHERD was indicted for stealing, on the 2d of August last, one pair of plated winkers, value 40 s. the property of Philip Godsell , George Morson , and John Wilson , privily in his shop .

GEORGE MORSON sworn.

I live in Long-acre ; I am in partnership with Philip Godsell and John Wilson ; I lost a pair of plated winkers; I caught the prisoner bringing them out of the shop where they take the harness from; our

foreman can swear to them; the prisoner fell on his knees and begged for mercy.

Court. You do not sell by retail? - No.

And them you never sell but when they belong to a carriage? - No.

CHARLES BAXTER sworn.

I saw these winkers after they were taken from the prisoner; they are the property of Messrs. Godsell and Co.

PRISONER's DEFENCE.

I went into the shop with an intent to see a young man that works there; I came down again, and seeing these harnesses lay on the counter, I took them up to look at them; and the gentleman came to me and saw me with them, in my hand; he immediately sent for a constable, and took me to Bow-street.

Court. This is not a shop within the act of parliament.

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

GUILTY. Of stealing, but not privately in the shop .

Whipped .

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

Reference Number: t17890909-140

723. JANE MOLLOY was indicted for stealing, on the 26th of August last, sixteen yards of printed cotton, value 34 s. the property of John Noble , privily in his shop .

JOHN NOBLE sworn.

I am a mercer and draper in Tavistock-street, Covent-garden ; I was not in town when the prisoner came.

THOMAS NELSON sworn.

I am servant to the last witness; on Wednesday, the 26th of August last, between three and four, the prisoner in company with two other women, came into the shop, and desired to look at some prints for a gown and coat; I was at that time serving the next witness, and a relation of hers in the lower part of the shop; I left them to go to the prisoner; and the other two in the middle of the shop; and went with them to the further and narrow part of the shop; and took a considerable number of prints out of the shop; while I was doing that, a very dirty man came in, and took hold of a silk in the window; I immediately got over the counter to speak to him; he did not speak to either of the women; I turned my back to the women; after he had handled the silk, he said it was too thin for a waistcoat, and went away; I returned behind the counter, and the women found fault, and took more pieces out of the window of themselves; then one of them said they would bring a pattern; I do not know which it was said so; on that, they went out of the shop; I accompanied them to the door; and observed the prisoner had something very bulky under her petticoats, as she walked very bad; the next witness came to me, and said he was certain the prisoner had something; I followed the women, and desired the prisoner to walk into the shop again, which she did; and in the space where the flap turns back to admit us behind the counter, she dropped this piece of print; I saw her drop it; I detained her, and sent for one of the Bow-street runners; she begged pardon, and offered to do any thing for me she could, if I would let her go; and affected to cry very much; she was taken away.

Court. What may be the value of this? - Thirty-four shillings.

Is it printed cotton? - Yes.

Is it your master's? - Yes.

Court. Could not you form any judgment at all, when these women were in the shop, at what time she took it? - I conceive she took it when the man was in the shop; I had no suspicion she had any thing, till I saw the bulk before her.

CATHERINE TURNER sworn.

I was in the shop at this time.

Who was in the shop at that time? - A relation of mine, who came out of the country.

Is that relation here? - No; as the prisoner was going out of the shop, I saw a great bulk under her petticoats; and I told Mr. Nelson; I saw her brought back; I saw her shake her petticoats; and it dropped from her, I am very sure.

Did you see her take it? - No.

(The cotton deposed to by the prosecutor, by the mark and pattern.)

PRISONER's DEFENCE.

I went with an acquaintance to buy a gown; the gentleman pulled down a great many things; there was nothing she liked; coming out, he said come back; and the piece of linen was laying behind the counter; and he said I put it there; the other man went away.

GUILTY Of stealing, but not privately .

Transported for seven years .

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

Reference Number: t17890909-141

724. EDWARD HURRY was indicted for stealing, on the 20th of July last, two glazed window sashes, value 10 s. the property of John Buddle .

JOHN BUDDLE sworn.

I live in China-street, Bedford-square; I am a carpenter ; I lost two glazed window sashes from a house near Pentonville-chapel ; they were in a cupboard in the front parlour; I saw them on Friday; they were taken on the Monday morning, about eight, in Clerkenwell watch-house.

JAMES CRANKSHAW sworn.

I am a glazier; I glazed these sashes.

JOSEPH DAY sworn.

I am a watchman; I took the prisoner with the property, on a Friday morning, the corner of Penton-street; I asked him where he was going with them? he said, to Islington, to his master, but he could not tell his name; I suspected him, and took him into custody; I have kept them ever since.

(Produced and deposed to.)

PRISONER's DEFENCE.

I picked them up in the fields; and my intention was to leave them at the first publick-house I found open; there were some horses in the fields, made me take them up.

The prisoner called one witness to his character.

GUILTY .

Whipped .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17890909-142

725. ELIJAH BASSETT was indicted for stealing, on the 20th of August last, a wooden deal box, value 12 d. a great coat, value 20 s. and a number of things, value together 6 l. 10 s. 9 d. the property of Rebecca Harrison .

(The witnesses examined apart.)

EDWARD WILLOUGHBY sworn.

I am fifteen; I am servant to Mrs. Harrison; I carry things out for her; it was a deal box; I brought it from the George-inn, to carry it to Shadwell, to a Mr. Baker, No. 66; the prisoner came up to me at Holborn-bridge, before I got to the pitching-block; and he helped me up with them; I went on to Thames-street; he said I had better go up here, for fear the people should push me down; then we went up Seething-lane; then he said, you

should not turn your back, for fear any body should take it from you; he pulled it down, and looked at the direction; and said it was 26, instead of 66, then I went over Tower-hill to East Smithfield; I asked my way to Shadwell; and a well dressed man came up to me, and asked me if this box was not for Mr. Willis? I said, yes; he then took me into a publick-house, and there he called for a pint of beer, at the Paviour's Arms; and he sent for a coach; and the box was left there by order of the gentleman; and not to be delivered without his order.

RICHARD WILLIS sworn.

I am a surgeon; the box was sent to me by my brother, but I never received it.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17890909-143

726. RICHARD ALLIFORD was indicted for stealing, on the 23d of July , five yards of printed cotton, value 4 s. the property of James Thomas .

Mrs. THOMAS sworn.

My husband is a labourer ; I make up child's frocks, and bed-gowns, and caps, and such things; I lost five yards of printed cotton, on Thursday, the 28th of July; I did not see it taken; I missed it at two o'clock, from my shop window, No. 12, Cow-cross, by Smithfield .

WILLIAM POOLE sworn.

I was in my shop about two; I heard the cry of stop thief! I saw the prisoner running; and as he turned the corner, he took this from under his coat, and threw it down a cellar; I never lost sight of him; another person took him in my presence.

SARAH BARKER sworn.

I saw the prisoner put his hand into the window, and take out the cotton.

(Deposed to.)

PRISONER's DEFENCE.

I know nothing of it.

The prisoner called one witness to his character.

GUILTY .

Whipped , and imprisoned six months .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17890909-144

727. MARGARET GIBBS was indicted for stealing, on the 1st of August last, five muslin caps, and other things , the property of Ann Stears

And ANN KNOWLAND was indicted for receiving part of the said goods knowing them to be stolen .

The prosecutrix not appearing the prisoners were ACQUITTED .

Reference Number: t17890909-145

728. REBECCA CHIPPENHAM was indicted for stealing, on the 10th of September last, eight silk handkerchiefs, value 32 s. the property of Edward Weaver .

SAMUEL ROYSTON sworn.

I am servant to Mr. Royston, a linen-draper and haberdasher; I saw a hand take the handkerchiefs; they were in the window, in three quantities; I did not see the face; on Thursday week, between seven and eight at night, the prisoner and another girl came into the shop; and some other customers came in; she went out; and in the space of five or ten minutes, I saw a hand in the window; and this little girl, who was a customer in the shop, ran to the door, and said, that is her; I followed her and thrust her into a house, and I saw the handkerchiefs fall out of her apron; I took them out and gave them to the watchman.

ELIZABETH EDMONDS sworn.

Did you ever take an oath? - No.

What will become of you if you tell a story? - It is a bad thing to take a false oath.

Do you know what will become of girls in the next world that tell stories? - No.

Court. We cannot examine her.

(The things deposed to.)

PRISONER's DEFENCE.

I found them; I told the gentleman so.

The prisoner called one witness to her character.

GUILTY ,

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17890909-146

729. THOMAS HERRING was indicted for stealing, on the 15th of July last, one man's hat, value 10 s. the property of Thomas Rourke .

THOMAS ROURKE sworn.

I am a taylor by trade; I was drinking at the Black Lyon, Salt Petre Bank ; the prisoner came in; he was a stranger; I was intoxicated, and laid my head on the table, and fell asleep; when I awaked I missed my hat; there was no hat left there; the prisoner offered to pay for the hat at 6 d. a week.

BRIDGET CARTY sworn.

I live in Rosemary-lane; I saw the prisoner come into the room, when Mr. Rourke laid his head on the table, and I saw him take it off his head, and go out of the back door; I told the prosecutor the next day; he was very much in liquor then; the prisoner would not own to the hat.

PRISONER's DEFENCE.

The night the fire was at St. Paul's, I was at work at the engine; I came to this house and had a pot of beer; there were six in company; the prosecutor fell asleep, and laid his head on the table, and his hat fell off: we all went out; the landlord was the last that came out; he said he had no tobacco in the house, and I went for a halfpenny worth, and came in again.

NOT GUILTY .

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

Reference Number: t17890909-147

730. JOHN NOBLE was indicted for stealing, on the 3d of August last, a silver watch, value 40 s. a steel chain, value 6 d. a silver seal, value 8 d. a cornelian seal set in silver, value 6 d. a key, value 2 d. the property of Edward Knight , in the dwelling-house of John Kent .

Mrs. KNIGHT sworn.

I am wife of Edward Knight , Cleveland Row ; I live in the house of Mr. Kent; on the 3d of August last, after I was in bed, I heard a knock at the room door; my little girl opened the door, and said, mammy here is Mr. Noble; I said, tell him to come in; he did; and he said, he was very sorry to see me in such a situation; he took my little girl in his arms, who was four years old, and walked up and down with her, and come to the bed side, and asked me if I would have any thing to drink; I said, I cannot swallow my throat is sore; he said, you shall; my little girl went to the closet to get a milk jug; and he gave her some money for a quartern of peppermint; the child went and came back immediately; while she was gone he went from my bed side towards the fire place, to the lower part of the room, I saw him; the watch hung on a hook, on the side of the mantle piece; I was afraid of him, at the same time, for fear he was come on a bad errand; I turned my head round as he went to the mantle piece, and I saw him take the watch off the hook; I said nothing; there was

nobody with me but the two babies; the child just came into the room with this peppermint; the first thing he said was, Nancy, is there any body at the door; there is a man waiting far me; says she, nobody at all; says he, I must make haste, for I am going to Hampstead to work; he poured out a glass of peppermint and drank it, and went out directly; he wished me good bye, for he could stop no longer, he said, he went out and shut the door after him; I said, Nancy, Mr. Noble has taken your daddy's watch; run down and make an alarm; the child went down; and I got out of bed as quick as I possibly could; the child returned immediately and could not find him; I went down stairs and alarmed the house; he could not be found.

EDWARD KNIGHT sworn.

I had broke my arm, and was at the Middlesex Hospital.

ANN KNIGHT .

I am eleven years old.

Can you say your catechism? - Not exactly.

Do you know you must swear true? - Yes.

What will be done to you if you swear false? - Go to the naughty man.

Do you know that you are liable to be punished here in a Court of Justice, if you swear false? - No.

But do you think if I should tell you you are liable to be punished here, if you swear any thing that is false, that you would? - Yes.

Sworn. I know the prisoner, his name is Mr. Noble; I was in the room when my mother was ill in bed; the prisoner came there, it was on a Monday, the 3d of August, about half after twelve in the day; I was in the room when Mr. Noble came in; my mother was in bed just before he came in; my mother was asking me what it was o'clock, I said it wanted but five minutes to twelve; I looked at the watch, which was hanging at the side of the fire place; I can tell what it is o'clock when I look.

Court. Look at that clock? - It wants two minutes to twelve.

Look again; (put her on the table)? - It wants six minutes.

Court. Look at my watch? - It wants a quarter.

Court. Wrong in every instance.

The prisoner knocked at the door; he had a great stick, thicker than my arm, and three horns at the top of it, I opened it; my mother told me to open it; she asked me who it was? I said, Mr. Noble; she told me to tell him to come in, and he came in; and he said, O Christ Mrs. Knight, what a shocking situation you are in; and he asked my mother if she would have any peppermint; and my mother said, she could not touch nothing, if it was ever so; and he said, ever so many wicked words to her, that she should have some, and so he insisted upon it; and so I went and fetched a cream jug out of the closet; and he gave me some money, one shilling, and told me to get a quartern of peppermint; I was not two minutes gone, for I had heard he was so very wicked a man; I was afraid he would kill my mother, or do something wrong.

If you was afraid he would kill your mother, you could not have prevented him? - No, but I was not sure; when I came back he asked me if there was not a man waiting for him; I said, I did not see any body; he said he expected a man, for he was going to Hampstead the next day to do a job; then he said, there was a man waiting at the corner for him; then directly as he drank the peppermint, he went away; and directly as he was gone my mother told me to run and make an alarm, because he had taken my daddy's watch; and I did not know what an alarm meant, and I ran after him; I did not make an alarm; my mammy told me when I came back what an alarm is; so that I know now; I ran up the fields towards Hampstead; my mother lives No. 2,

Cleveland-street, at the top of the rope walk, between London-street and Clipstone-street; it is near the fields; Mr. Strickland and Mr. Howison live next door; their houses join ours; it is a row with ten houses on one side; I was afraid my mother did not want people to know of it, because I thought she did not want my father to know of it; I ran after him to ask him to give me the watch; I told nobody; he never used my mother ill that I know of; I do not know that they ever had any quarrel, or my father and him; It was a large silver watch, with a solid silver trinket, with a seal in it; there was one silver seal, with a red stone in it, and some flower; there was a little cradle, a trinket.

HENRY CROKER sworn.

I apprehended the prisoner; I found nothing on him.

PRISONER's DEFENCE.

My wife nursed Mrs. Knight's two children; I called on her for some shillings, part of what she owed me; and I saw her so bad that I said nothing of the money; I treated her with a glass of peppermint, and told Mr. Smith, to let her know where I was, if she wanted me.

Court to Jury. There being a mistake in the indictment; calling him John Kent instead of Henry, takes off the capital part of the charge.

GUILTY of stealing .

Transported for seven years .

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

Reference Number: t17890909-148

731. THOMAS BROWN was indicted for stealing, on the 25th of July last, a garnet stone breast buckle, set in gold, value 3 s. a pair of child's shoes, value 12 d. the property of Daniel Gilks .

DANEL GILKS sworn.

I live near Gun-dock, Wapping ; in July last I lost the things in the indictment; I keep a shoe warehouse and sale shop ; I only speak to the property.

RICHARD MATTHEWS sworn.

The prisoner came in to look at some breast buckles, on the 25th of July, about four in the afternoon; I shewed him some breast buckles for half an hour, and he said he did not like any of them; and he gave me half a crown, to take two pence for my trouble, which I did; and I went up stairs for the change, and gave it him; and then when I come to put the breast buckles away, I missed one; I knew what buckle it was; it was a remarkable little garnet stone buckle; I put them on the counter, and took them away on a table, on the side of the counter; I am not quite punctual that it was there, when I shewed him the buckles; I challenged the prisoner with it before he went out of the shop; he denied it; I sent up for my master, and then the prisoner produced the breast buckle, and gave it me; and he said, I gave it him with the change; but I did not; my master gave me the change into my hand, and I gave it immediately into his.

Prosecutor. When I came down stairs the last witness had the breast buckle in his hand, and he said it was given him by the prisoner, whom he taxed with stealing it; I sent for a constable, who searched him; the prisoner had an apron on, and these small pair of shoes were taken out of his breeches; they are mine; I lost such a pair; I know them by the mark within side, a seven and a two; nine pair had been brought in five minutes before, and there were but eight.

PRISONER's DEFENCE.

I had been down to Woolwich after a ship, and coming home (I live at Edmonton) I happened to see some breast buckles in this man's window laying for sale; I went in and asked him the price of a silver breast buckle; he said one was eighteen-pence and one was one shilling; I offered him fifteen-pence for one; he said he could not

take it; he went and asked his master, and he came down and said no; he asked me eighteen-pence for the buckle; he called his master, and said he had lost a garnet breast buckle; and I picked it up from the ground and gave it him; the shoes lay the corner of the counter; and as I was unloosing myself, the shoes dropt right down into my breeches.

GUILTY .

Transported for seven years .

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

Reference Number: t17890909-149

732. WILLIAM WHITTINGHAM , JOHN HARDY and THOMAS LYON were indicted for feloniously assaulting Henry Gore Clough on the king's highway, on the 12th of August last, and putting him in fear, and feloniously taking from his person, and against his will, a metal watch, value 20 s. a chain, value 1 s. a seal, value 6 d. a steel seal, value 6 d. a key, value 3 d. and 9 s. 6 d. in monies, his property .

ALL THREE NOT GUILTY .

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

Reference Number: t17890909-150

733. MARY WILCOX was indicted for stealing, on the 5th of April last, a stone seal set in silver, value 2 s. 6 d. a linen dolly, value 1 d. 8 lb. 4 oz. weight of sugar, called loaf sugar, value 5 s. 1 lb. 12 oz. of starch, value 1 s. 1 oz. of hyson tea, value, 2 s. 3 lb. 4 oz. of soap, value 2 s. and other things . the property of John Shank .

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17890909-151

734. JOHN UNDERWOOD was indicted for stealing, on the 4th of July last, a clock, called an eight day clock, in a mahogany case, value 20 s. the property of Thomas Whiteland .

There being no proof of felony, the prisoner was ACQUITTED .

Tried by the London Jury, before Mr. Justice WILSON.

Reference Number: t17890909-152

735. JOHN BECK , JOHN GOULDER and WILLIAM REEVES were indicted for feloniously assaulting Isaac Jefferies on the king's highway, on the 24th of August last, and putting him in fear, and feloniously taking from his person and against his will, one man's hat, value 1 s. and 6 d. in money, his property .

ALL THREE NOT GUILTY .

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

Reference Number: t17890909-153

736. GEORGE CLARKE alias BLACKMAN (a black) was indicted for burglariously and feloniously breaking and entering the dwelling-house of Thomas Alexander , about the hour of two in the night, on the 18th of August last, and burglariously stealing therein, one oil skin umbrella, value 5 s. the property of Joseph Elliot .

A second Count, for breaking the same house with a felonious intent to steal the said goods.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17890909-154

737. NATHANIEL SEARLE was indicted for feloniously stealing, on the first day of June last, a silver watch, value 3 l. a steel chain, value 6 d. a brass key, value 1 d. the property of William Wilson , in his dwelling-house .

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17890909-155

738. JAMES FLINDELL was indicted, for that he about eight in the night, on the 26th of August last, unlawfully did enter the dwelling house of Thomas Ledger , with intent to steal his goods .

GUILTY .

Imprisoned for six months .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17890909-156

739. CHARLES YOUNG was indicted for obtaining by false pretences, a base metal tea urn, value 9 l. and a plated cruet frame, value 3 l. the property of Mess. Young and Co .

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17890909-157

740. RICHARD RICKFORD was indicted, for that he, about two in the night, on the 29th of August last, unlawfully did secretly enter the dwelling house of Edward Clarke , with intent to steal his goods .

EDWARD CLARKE sworn.

I live in Bishopsgate-street ; I found the prisoner in my house on the 29th of August, about two o'clock; he was secreted in a recess in the shop; I saw him there; the next witness took him from there in my presence; he said he had missed his way to his lodgings; he was examined by the watchman, who found a knife upon him.

EDWARD TRUSTY sworn.

I am watchman; on the 29th of August, I was called in, and found the prisoner in custody; I searched him, and found this knife and two keys; they are common keys; it was about two in the morning; he was taken before a magistrate, and committed.

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

GUILTY .

Imprisoned six months .

Tried by the London Jury before Mr. RECORDER.

Reference Number: o17890909-1

John Boxley , on condition of transportation for life , which he accepted.

Reference Number: o17890909-2

William Davis on the same condition, which he refusing, the Court addressed him as follows:

Prisoner at the bar, I think it my duty to state to you the very perilous situation in which you now stand; you have been convicted of an offence, for which, by the laws of your country, you have forfeited your life; but by the indulgence of a very kind sovereign, that life has been spared, to give you an opportunity of becoming a better man, in a different situation. I will, for one moment, throw aside the character of the Judge, for the Judge should, in his private capacity, be a friend to the unfortunate; at present, I address you, therefore, not as a Judge, but as a friend to an unfortunate man; and recommend it to you most sincerely, not to throw away that life which you have now an opportunity of saving. Having given you that advice as a friend to a man in a most lamenable situation, I shall now resume the character of the Judge; and tell you, that the administration of the justice of this country will not be sported with by men of your description; and if you do not accept the terms of the king's pardon, I shall order you for immediate execution; having given you this fair notice, I leave you to decide for yourself; but that decision must be made now, because you will not exist perhaps two days; perhaps not one, after your refusal.

(The question asked.)

Prisoner. Death is more welcome to me than this pardon.

Will you accept it? - I will not.

Court. Take him back to the condemned cells, and I shall sign a warrant of execution, as soon as I settle with the sheriffs, to prepare for that purpose.

Reference Number: o17890909-3

William Rayner set to the Bar. Will you accept the king's pardon, on condition of transportation for life ? - Yes; and I humbly request my sentence may be put in force; and that I may not be made a slave in a free country.

Reference Number: o17890909-4

James Watts . My lord, I beg a few

minutes indulgence, to address myself to the Court; I do not mean to refuse my sentence, in my unhappy situation, which is yet different from my unhappy fellow sufferers. Previous to my trial, my prosecutor was proved to have been in a madhouse at Bethnal-green; and two days afterwards, he snatched his child newly born, and had liked to have dashed his brains out; and he was then sent to Bedlam; his two brothers are there now: and from the improbability of the robbery, and the circumstances attending it, I am sure your lordship will be convinced that me and Francis Hardy