Old Bailey Proceedings, 28th October 1789.
Reference Number: 17891028
Reference Number: f17891028-1

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 28th of OCTOBER, 1789, and the following Days;

Being the EIGHTH 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 VIII. 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 Beaumont Hotham , one of the Barons of his Majesty's Court of Exchequer; the Honourable JOHN HEATH , one of the Justices of his Majesty's Court of Common Pleas; JOHN WILLIAM ROSE , 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.

John Johnson

James Holbird

Samuel Gammon

Richard Payne

Joseph Scammell

John Jones

Peter Tanner

Timothy Serle

Joseph Morton

William Walton

William Dyer

Thomas Hargrave .

First Middlesex Jury.

Thomas Kineleside

James Rutherford

Richard Eshelby

Thomas Mills

Richard Davis

Robert Muskett

Peter Clunn

Stephen Symonds

Charles Ashby

John Ellis

John Parker

Robert Williamson .

Second Middlesex Jury.

William Arnold

Jacob Dinning

Lacey Funderson

William Edridge

Martin Durand

Robert Fletcher

James Stewart

Richard Welch

George Howell

Thomas Gallard

Peter Taylor

William Battle .

Reference Number: t17891028-1

741. NICHOLAS ROGERS was indicted for feloniously stealing, on the 21st of August last, a silver watch, value 15 s. a watch, with the inside case made of silver, and the outside case of silver, and gilt, value 15 s. another watch, the inside case metal, and the outside shagreen, value 15 s. and two outside watch cases,

made of silver, value 16 s. the property of Joseph Ihon , in his dwelling house .

JOSEPH IHON sworn.

I live in Nightingale-lane, East Smithfield ; I am a publican ; I lost the things in he indictment, from my dwelling-house, on Friday the 21st of August; I saw them that day at five in the afternoon; they were all up one pair of stairs, in a small room, adjoing to a sleeping room; I never saw the prisoner before to my knowledge; about six, as near as I can guess, the prisoner, with two more in company, came into my house,; they walked through the passage into a back room; I followed them; one ordered a pint of beer; not the prisoner, I went into the bar; and a person, in half an hour, asked me if I had any company; and on his information I turned round with intent to run up stairs, and met the prisoner at the bottom coming down; he turned quick round to go into the room again, where the others were; I suspected him; and ran up and missed my watches; they were hanging on hooks, on a work board; I am a watch maker by trade; I came down again, and he was gone; I ran after him, and called stop thief; and he was stopped; I never lost sight of him after he got out of doors; I had him searched, and a watch was found on him, which is valued in the indictment at 15 s. and I found another watch on him, which I valued at 15 s. and another, value 5 s. which is an old watch out of a pair of cases; I also found two silver outside cases, value about ten shillings, I can say with certainly that they are mine.

Mr. Garrow, Prisoner's Counsel. You seem to state very fairly, that they were old watches left with you for repair? - Yes.

A hundred years ago there would not fetch forty shillings? - I cannot say.

RICHARD RUSHBY sworn.

I am a labouring man; I saw the prisoner go up stairs, in the prosecutor's house; I saw him come down; and I told the prosecutor; I saw the prisoner go out of the house, and I saw him taken.

CHARLES FOX sworn.

I saw the prisoner taken; and three watches and two watch cases were taken from him.

PETER MAYNE sworn.

I am a constable; I produce the watches and cases, which I took out of the prisoner's pocket, and have kept them ever since.

(Deposed to.)

Prisoner. I have nothing to say.

GEORGE MELLING sworn.

I knew the prisoner five or six years; he has been in London fourteen or fifteen weeks; he was in business in Ireland; I never knew any thing against him there.

GUILTY, 39 s.

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17891028-2

742. JAMES HOLLOWAY was indicted for stealing, on the 3d of August last, 100 lb. weight of lead, value 5 s. belonging to the most noble James Brydges , duke of Chandos , affixed to a certain building of his, against the form of the statute .

(The Case opened by Mr. Silvester.)

JOHN PEARCE sworn.

I live at Hampstead; I work for Mr. Eyles; he keeps a publick house; on the 3d of August last, about six in the morning, I observed two men coming along, one with a load, the other with a handkerchief; my master was there; we spoke to them; they threw down the things and ran away; the prisoner threw down the bag, and ran away; I pursued, and took him; the lead

was in the bag, and an iron chissel; I gave the bag to my master; I know the bag; the lead and the bag were given the same day, to Mr. Keen the constable; I am sure the prisoner is the man; he never was out of my sight.

DANIEL KEEN sworn.

I am constable of Hampstead, which is eight miles from Stanmore church; Mr. Eyles gave me this lead; it laid in his house; he resigned it to me, Mr. Fitch and Mr. Preston; I took it out of the bag, and counted the pieces; and gave it to Mr. Fitch; I saw no lead when I took charge of the prisoner, which was in the morning; but I saw the lead and the prisoner, before the Justice; Mr. Eyles took the lead to his own house; I am sure this is the same lead that was before the Justice; I put my mark on it; I compared it with Mr. Preston.

(Deposed to.)

- PRESTON sworn.

I compared the lead with the duke's mausoleum; I compared it with the hips; every part matched; there were ten pieces; it is cut off like a tally; I have no doubt but it came from that mausoleum; it was quite fresh cut; the mausoleum is built against the church.

- FITCH sworn.

I am agent to the duke; the lead belonged to him; I paid for this very lead being put up; the duke and his family always kept it up.

PRISONER's DEFENCE.

I was coming along the road, and this other man was sitting by the lead; and he asked me to carry it to Kentish-town, and he would pay me.

GUILTY .

Transported for seven years .

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

Reference Number: t17891028-3

743. EDWARD SHUTE was indicted for feloniously stealing, on the 13th day of August last, two pair of silk hose, value 10 s. one pair of silk and cotton hose, value 4 s. the property of John Berger , privily in his shop .

Sarah Berger, Hannah Woodyer , and Ann Kelly called on their recognizances, and not appearing, the prisoner was ACQUITTED .

The recognizances was ordered to be estreated.

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

Reference Number: t17891028-4

744. ELIZABETH BERRY was indicted for stealing, on the 4th of August , four linen shirts, value 4 l. a silver tablespoon, value 12 s. two candlesticks, value 5 s a blanket, value 2 s. two pair of cotton stockings, value 3 s. two flat irons, value 3 s. the property of William Cockran .

WILLIAM COCKRAN sworn.

I lost the things in the indictment; the prisoner was a servant to me; she took the things away; the prisoner lived with me above a twelvemonth; I had a character with her; I missed the things at different times, but I cannot tell when; I am most certain to the shirts and the spoon; the prisoner went unknown to me, on the 4th of August last; she said nothing about going; then I missed a number of articles; I did not see the prisoner till about three weeks ago; she was taken at Lambeth, by the constable; I charged her with stealing these articles; I made her no promise; she sent me word where they were pawned.

CHARLES BELL sworn.

I live at No. 9, Peter street, Golden-square; these things were pawned by the prisoner at different times; I am sure it was her.

(A shirt deposed to, marked W. C.)

Prisoner. I beg for mercy.

GUILTY .

Imprisoned one year in Bridewell .

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

Reference Number: t17891028-5

745. MARY OWEN and SARAH MALONE were indicted for feloniously assaulting Robert Adamson , on the king's highway, on the 21st of October , and putting him in fear, and feloniously taking from his person, and against his will, a piece of gold coin, called half a guinea, and six shillings, his property .

(The witnesses examined separate.)

ROBERT ADAMSON sworn.

I am a seafaring man ; I was robbed the 21st of this month; I was coming out of Rag-fair between six and seven at night; coming down Saltpetre-bank , all alone, I met with the two prisoners; I never saw them before; I asked them for a woman's name in the place; they knew nothing of her; and they asked me for some beer; and I went into a publick-house, and was having some beer and gin; and they fell out betwixt themselves, which I should go home with; I told them, neither; in the mean time, there came up a man, and took me by the collar, and fought me; and called me several times, a d - d rascal; in the mean time that they held me, the two women between them, turned my pocket inside out; and the money was taken out of my pocket by these two women; I lost half a guinea in gold, and seven shillings in silver; I tried to get away; the man quitted me immediately, when my money was gone; and I rushed from the two women; and they wanted to get my coat off; I never saw the man after; I went home as fast as I could, for fear of my life; I took the two prisoners up in one of the houses that I was in the night before; I had been in two houses with them the night before; the man was not in company with them.

Court. Had you paid for the liquor and gin you had got? - Yes.

Did you give them any thing besides; how long did you stay together? - About an hour and an half.

I suppose you was not very sober? - I was so sober, I knew where I was; I was as sober as I am now; I did not like the place I was in, and I would not drink any thing.

Did they say any thing to you, at the time they were turning your pocket out? - Yes; they threatened me with words.

What words? - Says they, we want your money; as soon as I found my money gone, I made away as fast as I could.

What were the threatening words? - You rascal, and such audacious names; they told me they had my money, and wanted my clothes off my back; I never saw the man before in my life; I had no quarrel with him, nor no words; all the words I had with them, was because I would not go with them; I am perfectly sure they are the two women; I never saw them before to my knowledge.

Prisoner. Did not you go into the publick-house, and change half a crown, and take a bad shilling? - Yes, I did; and upon that account, I would not stay in the place.

Prisoner. The next day morning, he took me up, and asked me if I was frightened? I told him, no; I knew nothing about it; he came back again to the publick-house, and said, I believe you are frightened, here is two-pence to drink; then I saw no more of him till the night.

Prosecutor. The next morning, she denied ever seeing me; I gave her two pence to buy her a glass of gin, in the street; I told the officer to let her go, because she said she was not the woman.

Then, I suppose you was not sure whether it was her or not? - Yes, I was sure of it.

Then, how came you to let her go? - Because I could not find the other woman that was along with her.

WILLIAM CHAPMAN sworn.

I am a lighterman; the prosecutor lodges at my house; he came home the 21st, at night, and said he had been robbed of half a guinea, and seven shillings in his waistcoat pocket, and half a guinea out of his breeches pocket; his hand was full of blood.

ROBERT DAWSON sworn.

I know nothing of the robbery; I apprehended the prisoners on Thursday night last, in company with the prosecutor.

PETER MAYNE sworn.

Deposed to the same effect.

MARY OWEN - SARAH MALONE

NOT GUILTY .

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

Reference Number: t17891028-6

746. WILLIAM HOW , JOHN GILES , ROBERT WELLS , and JOSEPH INKINS were indicted for stealing, on the 3d day of October , four pieces of flannel, commonly called long ells, value 6 l. the property of William Dawson , William Atkinson , and George Brown .

A second Count, stating it to be the property of Samuel Wingate .

(The case opened by Mr. Silvester.)

(The witnesses examined separate.)

GEORGE AUGUSTUS GEORGE sworn.

I am clerk to Mess. William Dawson , William Atkinson , and George Brown , wharfingers at Chamberlain's wharf ; there were ninety bales of flannels from Mr. Wingate, for Mr. Perrins, to whom they were consigned; we received them on his account; it was the 3d of October; they were landed in the course of the day; I saw them about five; there appeared no deficiency then; I am sure this bale that was afterwards broke open, was then safe.

JAMES ROBINSON sworn.

I am watchman at Chamberlain's wharf; about ten minutes after seven, I was going my rounds, and found a bale of white flannel cut open, and some taken out; I went to the compting-house, and acquainted the clerks; I saw that five pieces were left behind; such bales always contain ten pieces.

JOHN PERRINS sworn.

I am the factor; each bale should contain ten pieces.

BENJAMIN STUBBS sworn.

I live at No. 40, Upper East Smithfield; I am a buckle maker, and money balance maker; I know the prisoners; I saw them the 3d of October; I saw the prisoner Joseph Inkins first; he came to my door, and asked me to buy some flannel; it was between seven and eight in the evening; I told him I would have no concern with him; I went out to the door, and saw How and Giles come into the house with the flannel; they laid it on a chair; immediately the officers, Mr. Whiteway and Mr. Beyer, came in and took Giles and How, who were in the room; Inkins went away directly; I never saw the prisoners before.

Prisoner Inkins. Did not you swear before the Justice, that I brought nothing into the house? - I did not.

CATHERINE STUBBS sworn.

I am wife of the last witness; Giles and How brought these pieces of flannel, and offered them for sale; I said I would have nothing to do with them; which brought it in, I cannot say; I did not see Inkins.

WILLIAM WHITEWAY sworn.

I attend the publick office in East Smithfield; on Saturday evening, the 3d of this month, I went, on information, with Beyer to Stubbs's house; I saw How and Giles with Mrs. Stubbs; these two pieces of flannel laid on a chair; Mrs. Stubbs said the flannels did not belong to her; the prisoners said they did not belong to them; I took the two prisoners to the office, and the flannel; I went out again; going up East Smithfield, I saw the other two prisoners on the opposite side of the way, going with the bundles; that is Inkins and Wells; I ran and laid hold of the prisoner Wells, and took a piece of flannel from under his arm; one of these pieces of flannel; Beyer ran and laid hold of Inkins, and took a piece from him; I secured the men and the flannel.

JOSEPH BEYER sworn.

I was in company with Whiteway; I secured How and Giles in the shop, first; then we went out a second time; and I took the prisoner Joseph Inkins , with a piece of flannel upon him; it has been in our possession ever since.

(The flannel deposed to by Mr. Perrins.)

They are the property of Mr. Samuel Windage of Devonshire, consigned to my care; they appear the same as those that were in the bale; I have brought one of the other pieces; they correspond as much as possible.

PRISONER HOW's DEFENCE.

I went into this shop to buy a lock and key to my chest; the man and woman both swore different before the Justice; they swore that a short man came in, in a brown jacket, and a pair of trowsers, and a cast in his eye.

PRISONER GILES's DEFENCE.

I was coming under the gateway; I saw something lay, and I picked it up; and as I was going past this man's shop, he asked me if I had anything to sell; I offered him this flannel; I asked him a shilling a yard; he bid me eight-pence; he went to get a measure to measure it, and the officer came in.

PRISONER WELLS's DEFENCE.

I saw a coach come by East Smithfield; and two pieces fell out of the coach, and we picked them up.

Prisoner Inkins. I can say no more than this man.

WILLIAM HOW JOHN GILES ROBERT WELLS JOSEPH INKINS

GUILTY ,

Transported for seven years .

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

Reference Number: t17891028-7

747. JOHN OLDING was indicted for stealing, on the 8th of October , a hair trunk, covered with leather, value 2 s. two pair of sheets, value 30 s. one other sheet, value 5 s. three pair of pillow cases, value 3 s. two ditto, value 1 s. eight muslin handkerchiefs, value 8 s. two cotton gowns, value 30 s. two dimity petticoats, value 20 s. a black silk handkerchief, value 1 s. three caps, value 5 s. five pair of cotton stockings, value 5 s. two bed-gowns, value 2 s. the property of Susannah Merriday , spinster ; a black silk handkerchief, value 2 s. three shifts, value 5 s. three aprons, value 4 s. a pair of leather gloves, value 1 s. a pair of cotton stockings, value 1 s. two muslin handkerchiefs, value 5 s. an apron, value 1 s. two caps, value 1 s. three muslin ditto, value 3 s. two pair of muslin robbins, value 6 d. four handkerchiefs, value 6 s. a cotton gown, value 20 s. a dimity petticoat, value 10 s. a callico ditto, value 4 s. the property of Jemima Baker ; two cambrick handkerchiefs, value 5 s. a linen riding gown, value 20 s. a cotton gown, value 20 s. a muslin handkerchief, value 5 s. two riding shirts, value 2 s. a pair of stays, value 3 s.

a linen riding waistcoat, value 3 s. twenty four pair of silk stockings, value 24 s. a linen towel, value 6 d. a dimity petticoat, value 16 s. the property of Sterne Figg , Esq.

Susannah Merriday , Jemima Baker , Thomas Townsend , called on their recognizances, and not appearing, the prisoner was ACQUITTED .

The recognizances ordered to be estreated.

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

Reference Number: t17891028-8

748. JOHN CARGILL was indicted for stealing, on the 22d day of October , two silver table forks, value 10 s. two silver table spoons, value 10 s. one pair of buckles, value 10 s. two linen shirts, value 6 s. a pair of leather boots, value 3 s. the property of Michael Stanhope , Esq.

(The indictment opened by Mr. Knowlys.)

MICHAEL STANHOPE , Esq. sworn.

I live at Winchmore-hill ; the prisoner was my servant three weeks; I discharged him the 21st of October; I gave him leave to stay till the next morning; he went about seven; I missed the things in the indictment; (repeats them); they were my property; I was present at the Justice's, when the prisoner was brought; I did not hear him say any thing.

THEOPHILUS BUTCHER sworn.

I attend Mr. Walker's office; on Friday morning, I was at a publick-house next to the office; and one Barnet asked me to lend him a guinea; the prisoner was with him; and the jew, Barnet, pulled out a table-spoon, and a three pronged fork with a crest; I laid, these are the things I want; the prisoner said they were his, and could bring proof; I put them into the prisoner's box, and took him to Justice Wilmot; and found the prosecutor, who owned them; the prisoner told me while I was with him; at last; he said, the other things, a spoon and a fork, were at a pawnbroker's in Shoreditch; there I found a spoon and a fork; the pawnbroker is here; his name is Francis.

- FRANCIS sworn.

I know the prisoner; I saw him on Thursday, the 22d; he came in the forenoon, and asked me if I bought old silver? I said I did; he immediately pulled out a spoon and a fork; he said they were his own? I told him they were not; he said they were, positively; he was a post-chaise boy, but had been out of employ for a year and a half; and only drove for one person at Dunstable, whose name was Palmer; I told him, I suppose you have taken these from Mr. Palmer, or some other place; the spoon is marked with R. H. and numbered; I told him he had better tell the truth, as I must stop them: and I believed I would stop him; he begged I would not; he had a wife and two children; and had been out of employ; says he, I will go and bring the person to prove the property; on that account, I let him go; in the afternoon, as he did not come, I wrote out an advertisement, and sent it to the daily advertiser; this is the draft of the advertisement that was at the daily advertiser on the same day; so far from my wishing to keep any such thing, I have a person in court, that carried it to the office of the daily advertiser; I went round the counter to the man; I thought he had not the appearance of an old thief; and I knew he would certainly be committed; and he might learn what he might not know before; and I thought if I got the property, it might be a means of saving him; these are the things.

(The things deposed to.)

GUILTY .

Transported for seven years .

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

Reference Number: t17891028-9

749. JANE EDWARDS was indicted for stealing, on the 24th of September last, a child's linen shirt, value 12 d. two linen frocks, value 2 s. a bed-gown, value 12 d. a linen pin-cloth, value 6 d. two linen handkerchiefs, value 12 d. the property of John Berry .

PRUDENCE BERRY sworn.

I am wife of the prosecutor; I lost the things in the indictment; I did not know the prisoner before; I had been washing the day before, and hung these things in the kitchen the night before; and I took them down in the morning, and put them on the dresser, and went into the parlour; and coming back, I met the prisoner with the things in her apron; I gave charge of her.

(The things deposed to.)

PRISONER's DEFENCE.

A woman that I knew about five years ago, treated me with about four or five glasses of liquor; and she said she would take me home; and she took me to this house; I do not know how the things came into my lap.

GUILTY .

Transported for seven years .

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

Reference Number: t17891028-10

750. JAMES BROOMHEAD was indicted for feloniously stealing, on the 16th of October , one ewe sheep, value 12 s. the property of John Jewson and William Nelson .

JOHN JEWSON sworn.

I am a butcher . partner with William Nelson ; I lost a wether sheep; I saw it the 15th of October; it was marked with three ruddle strokes over the shoulder; one across the forehead, and a brand mark; we bought it the Monday before, in Smithfield; we missed it on the 16th; I saw the skin since; it is here; I have seen the prisoner before; he lived in our neighbourhood, and keeps a butcher's shop; I know nothing of his taking it.

THOMAS HARWOOD sworn.

I am a butcher in Newport-market; the prisoner came to me last Friday night was a week; that was on the 16th; with a sheep skin under his arm; and asked me if my skin man was gone? I told him, yes; he said, he had a skin he wished to send? I said it might go with mine on Tuesday; he said, he wanted the money, and I gave him twenty-one pence for it, and threw it down my cellar; I had seen the prisoner before; I did not know where he lived; the next morning Mr. Jewson came, and was talking about it; and saw the skin.

RICHARD MERRYMAN sworn.

I am a drover for Jack Barrett ; I am aged seventeen; I drove some sheep to field; and I saw this sheep in the field, the night of the 15th, about half after five; it was on a Thursday.

Mr. Garrow Prisoner's Counsel. You had nothing to do with these sheep? - No.

Were they all ewes? - Yes, all four.

(The Skin produced by Mr. Jewson.)

I received it from Mr. Harwood, out of his cellar; I know it again.

Mr. Garrow. They are all ruddle marks? - Yes, all but the brand marks; I stood by the drover while he drove them.

The marks are not attempted to be taken out? - No, it is a fair skin.

PRISONER's DEFENCE.

I am not guilty.

Court to Harwood. What time was it that the man came to you? - I believe it was about seven; my next neighbour was present; there was no concealment; it was done in Newport-alley.

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

NOT GUILTY .

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

Reference Number: t17891028-11

751. DAVID BRAITHWAITE was indicted for burglariously and feloniously breaking and entering the dwelling house of Martha Staples , widow , about twelve in the night, on the 19th of October last, and feloniously stealing therein, two linen sheets, value 10 s. one sheet, value 3 s. a pillow case, value 6 d. a table cloth, value 12 d. an apron, value 12 d. nine pair of cotton stockings, value 9 s. two cotton waistcoats, value 2 s. two muslin caps, value 12 d. a yard of flannel, value 12 d. three frocks, value 3 s. two flannel petticoats, value 6 d. two child's linen shifts, value 6 d. a man's hat, value 12 d. two linen handkerchiefs, value 12 d. two pincloths, value 6 d two towels, value 6 d a nankeen coat, value 6 s. a nankeen waistcoat, value 6 s. a pair of linen trowsers, value 2 s. a man's hat, value 12 d. two pair of cotton stockings, value 3 s. a shirt, value 3 s. the property of James Baker .

(The witnesses examined separate.)

MARTHA STAPLES sworn.

I am a widow; of no business; I live at No. 34, Virginia-street ; my house was broke open the 19th of October; I was the last person up; I went to bed at past eleven; I made the house fast; I did not discover it till a little after five in the morning; when I came down I found the window of my back parlour open; and the clothes I had been washing taken away; and a pane of glass had been taken out, and the casement opened; that pane was in the window at night, they had lifted up the bar, or something of that kind; I missed seven striped, and checked linen shirts; five were taken, one dropped into the water tub, and one hanging on the cock of the water tub; I also lost the other things in the indictment; (repeating them) a shirt was found on the prisoner; that was one of those laying on the dresser, and a hat on his head; I suppose the value to me, was about four pounds, or five pounds; I had no reason to suspect the prisoner; the prisoner had left his dirty shirt and a hat behind him, in the garden; I described the things at the office of Mr. Smith; I have only found one shirt and a sheet, that had been purchased.

JAMES BAKER sworn.

I am a seafaring man; this house was robbed on the 19th; I went to bed just before eleven; I did not observe the window of the back parlour, till after the robbery; then it was open, and a dirty shirt and hat laying on the ground.

JOHN COOK sworn.

I apprehended the prisoner the 20th instant; I found a shirt on his back, and a hat on his head, which I produce.

(Produced and deposed to.)

I bought it and made it for one Peters, who lodges with us; it was turned inside out.

Has Peters any more shirts of that make? - He has.

(The hat deposed to by Mr. Baker.)

James Baker . I saw the prisoner with this hat on; and I knew it by the buckle; I ran after him and took it; I pulled it off my head when I went to bed; about a quarter of an hour before.

To Baker. Was Peters at home that night? - He was not.

Mr. Garrow to Cook. You have a woman in custody? - Yes.

You understood her to be a common woman? - Yes.

You understood they slept together? - Yes.

ELIZABETH BAWTREY sworn.

I am a misfortunate woman of the

town; at between twelve and one on Monday night; the justice calls it Monday night, but I think it was Tuesday morning; a man came into my room, where I live, and he threw something down; it waked me; I was drowsy; he went immediately out of the room; and I believe it was the prisoner; and the reason I have to believe it was this, about an hour and a half afterwards, this same David Braithwaite came to my room; and he seemed to be very much in liquor; and he threw himself down on the floor; and went to sleep beside me till the morning; then he said he was going to work; he came again a three in the afternoon; he is a ticket porter; he had left his ticket, and he came back for his ticket; I asked him what was the reason he brought such things into my room, to bring me into a premunire; and he muttered something to himself, but I cannot say what; but I believe he said he would fetch somebody to take them away; I kept them the whole day; and then I went and got a young woman, of the name of Ann Powell to help me away with them from my place to her room, which is at the back of the King of Prussia; accordingly she helped me away with them.

PRISONER's DEFENCE.

I met a man in Rosemary-lane, who said he had a shirt to dispose of; he sold it me for half a crown.

Court to Cooke. Did you happen to observe when you took the shirt off his back, whether it was turned inside out or not? - I did not.

GUILTY , Death .

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

Reference Number: t17891028-12

752. JOHN RICHARDSON and NICHOLAS DUKE were indicted for burglariously breaking and entering the dwelling house of John M'Carty , about two in the night, on the 17th of October last, and burglariously stealing two cloth coats, value 17 s. two cotton waistcoats, value 10 s. a pair of leather breeches, value 12 s. a silk handkerchief, value 1 s. a pair of silver knee buckles, value 4 s. four half crowns, twenty shillings, and four hundred and eight halfpence, his property .

JOHN M'CARTY sworn.

I am a publican in St. Giles's ; my house was broke open the night of the 17th of October; I went to bed at eleven; my wife was last up; I was alarmed about two by the watchman; I got out of bed, and my wife; this room they broke into, was my bed room behind the parlour; I was asleep; they cut the shutter inside, got in to the bolt, and cut the wood off where it fixes, and came in; they took two coats, two waistcoats, a pair of leather breeches, a silk handkerchief, about seventeen shillings, in halfpence and farthings, four half crowns, and twenty shillings; I had a great company, and was tired; these two prisoners were drinking at my house all the afternoon; and had a supper; I suspected the prisoners, and took them up, and found the property on them; Richardson was the mussin man; the other I did not know; I found a remarkable half crown on Richardson, and the clothes at the other prisoners lodging; it is remarkable, because there is the eighth of an inch out of it; I can swear to it; and one of the men that had the draft board, which had been dropped, and which I picked up and put into my pocket, and that was found in my pocket with the halfpence that was found on Duke; and he owned before the constable it was mine; on Duke was found two coats, one waistcoat, a pair of buckskin breeches, and a silk handkerchief; I was present when the constable found them; it was about nine the same morning; I had the half crown for three weeks or a month before; it had the same mark on it; my wife made no mark on it that I know of.

MARY M'CARTY sworn.

I am wife of the last witness; I was the last person up the night of the robbery; it

was about half past twelve; I saw the window of the bed room open; I heard no noise in the night; I burnt a lamp; the window looks out into a passage outside the house, that leads into Drury-lane; we live in Cockpit-alley, and lost the things in the indictment; I was present when they were taken; the prisoners supped at my house the night before; and they run up five pots of beer; and they pushed into the bar, and demanded two pots of beer; in the morning, the watchman called at two; immediately, both my husband and me bounced out of bed, and missed the things; I suspected the mussin man and the other, who is a bird catcher; I was present when Richardson was searched; there were found some half crowns and some halfpence, and a remarkable shilling, bit in two places, because I thought it was bad.

DENNIS AUSTIN sworn.

I am a watchman; last Saturday was a week, I was coming my round, front the prosecutor's house; I found his parlour window broke open, and I put my light into the window, and alarmed them.

- TREADWAY sworn.

On the 17th of October, the prosecutor came to me; I went with him, and took the prisoners into custody; and found this property there; two coats and waistcoats, and a pair of breeches, was found at Duke's lodgings, with his father, near Exeter-change concealed under the stair-case; the mussin man took me to his apartments; I took the mussin man first; and I found these halfpence, and a shilling, in Duke's pocket; here is a remarkable shilling, which I put by itself.

Mrs. M'Carty. This is the shilling I produce; here are the two places I bit in it, that I might know it the next day; it is plain to be seen; I can swear to it.

(Handed to the Jury.)

This is the money I took out of Duke's pocket; M'Carty said, that is mine; and Duke said, a young woman gave it me at your house; on the man, Richardson, I found two half crown pieces.

Prosecutor. The prisoner owned this to be mine before the constable.

Treadway. The half crown I took from Richardson, was rolled up in this letter.

JOHN BEAMISH sworn.

I was present at the same time.

Court to Prosecutor. Look at the clothes? - They are all mine; they were all in my room that night.

PRISONER RICHARDSON's DEFENCE.

I took them two half crowns in the morning; one opposite Beaufort-buildings, and the other I changed at Norfolk-street; my master is here; I am innocent of the fact; and my landlady let me into my lodging at a little past twelve, and a man that I lodge with; Treadway told Mrs. M'Carty to mark the edge of them half crowns again, so that she might know them; there were two shillings and ten-pence halfpenny on me; and I told them to keep that also, and they would not.

Court to Treadway. Did Mrs. M'Carty mark these half crowns according to your directions? - No; she did not know them; the prisoner told me he changed them in Norfolk-street in the Strand.

PRISONER DUKE's DEFENCE.

I was going to Newgate-market to buy some things in the morning; but the country-men not being up, I came back with the money; and these two men came and took me; the things were not found in our room.

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

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

JOHN RICHARDSON NICHOLAS DUKE

GUILTY , Death .

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

Reference Number: t17891028-13

753. MICHAEL SIMPSON was indicted for stealing, on the 10th of October , three ounces of hair, value 2 s. two razors, value 1 s. two brushes, value 2 d. a card with iron teeth, value 1 s. a pair of scissars, value 2 d. a pewter bason, value 6 d. one puff, value 6 d. one silk ditto, value 3 d. two horn combs, value 3 d. one linen dressing cloth, value 6 d. one towel, value 6 d. one pair of curling irons, value 2 d. a hatchet, value 2 d. a curtain, value 6 d. a powder knife, value 2 d. two prints with wooden frames, value 6 d. and two pair of fire tongs, value 1 s. the property of Thomas Harris .

MARY HARRIS sworn.

I am wife of Thomas Harris ; I live at No. 32, Sutton-street, Goswell-street; he is a hair-dresser ; I lost the things in the indictment; they were all in the shop, except the fire irons; my husband was dangerously ill; I said to the prisoner, my friend, be honest to me, and go to shop; and the pictures, and powder knife, and razors, and puffs, I found on him in Smithfield; I found also, a window curtain; and the constables found the rest; I asked him where he was going? he said, to dress a gentleman; I said, what with curtains and fire irons! and I called assistance, and he was stopped; he had not been hired above two hours before; I gave him sixpence; I gave him possession of nothing but the jack towel, and the things to dress my customers with.

GEORGE YATES sworn.

I am a patroll belonging to St. Sepulchre's; on Saturday, the 10th, about four in the afternoon, a gentleman called me to the poor woman's assistance; I went, and they had a scuffle; she was taking this curtain from him, and two prints in frames, two razors, and several other articles; a pair of curling tongs, and two combs, and two tails, one small brush with a bit of chain to it, one green handled powder knife, two razors, one pair of large scissars. I cannot swear whether he had actually delivered the things to the woman, or not; there was a great scuffle.

RICHARD WILLEY sworn.

I am another patroll; my fellow servant had the prisoner in custody; I went to his assistance; and by the prisoners direction, I got the towel and the dressing cloth, where he had sold them, which he said was in Peter-street; the people gave them to me, on paying for them; the woman described the cloth, before I shewed it to her; the prisoner gave me the money to buy them; as we were taking him to the counter, in his right hand pocket, I found this puff and this comb, and two or three other things; the prisoner said he was ashamed of the action, it was such a paltry one.

(The prosecutrix deposed to the prints and frames, and the dressing cloth.)

PRISONER's DEFENCE.

I have very little to say; I have been a good deal about the country; and was in great distress; the major part of the things, were only dressing things; and some other trifling things might be carelessly put up, without thinking.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17891028-14

754. JAMES SCOTT was indicted for stealing, on the 14th of October , a pair of silver shoe buckles, value 21 s. the property of Thomas Smith .

THOMAS SMITH sworn.

I am a seafaring man ; I lost a pair of silver buckles, on Wednesday, the 14th of October, in the morning, in Mr. Emanuel's house, Virginia-street ; I lodged there; the prisoner came there, and had a night's

lodging; he went the next morning, as he said, to fetch his chest; he slept in the same room, but not in the bed with me; I saw him go out about half after six; another man, who is here, slept in the bed with me; I had my buckles over night; I got up about eight, and my buckles were gone; I never got them again; I went on board the Alexandria, where he said he belonged to; I found he had been paid off a month; and I came to the Black Horse in New Gravel-lane, after him; I took him on that Wednesday night, the 14th, between ten and eleven; I never got my buckles again; I found nothing upon him; as I was taking him to the Justice, he fell on his knees, and owned he sold the buckles to a silversmith in the Minories, for a guinea; I went with my landlord, and the man denied it; then we took the prisoner to the silversmith, and he said he sold them half an hour after; I did not threaten or promise the prisoner; I told him I only wanted my property.

WILLIAM EMANUEL sworn.

This prosecutor lodged with me seven weeks; the prisoner came the 13th, at night; he said he came home in the Alexdria; I said, you know the price is half a guinea a week, and he agreed to take it at that; and he went away the next morning; I never saw him till the night following; and when we took him, he fell on his knees, and begged mercy; I said, I can do nothing; he said, I have sold them to a silversmith, whose name is Prier, in the Minories: I am positive the prosecutor did not promise him at that time; when we took him to the silversmith's, he shewed the place where he put the buckles; the silversmith was not at home.

GEORGE FORRESTER sworn.

I was in the office; he acknowledged before the Justice, that he had made away with fourteen shillings; I took seven shillings from him, which he said was the remainder of the guinea that he sold the buckles for.

PRISONER's DEFENCE.

I slept in this man's house; there were six of us slept in the room; I know nothing of the buckles; people went out of the room before me; and I left people in the room; and a black man came out of the house, when I went down stairs; when they took me at night, they desired me to drink; they said, if I would tell them where the buckles were, they would let me go.

Court to Smith. Who slept in the room with you? - There is one man here, Thomas Brown , that slept in the bed with me; and there was a black man that slept in the room; the black man was out of the room, and the prisoner, when I got up.

GUILTY .

Transported for seven years .

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

Reference Number: t17891028-15

755. JAMES RICE was indicted for stealing, on the 5th of October , one shilling , the property of Samuel Fulcher .

SAMUEL FULCHER sworn.

I am a journeyman whitesmith in Shoreditch; I know the prisoner; he is a smith ; he did work with me for Jeremiah Smith ; the prisoner took a shilling from out of my pocket, on the 5th of October, he took it from the room where I slept; I was in bed, sober, and awake; the prisoner slept in the next room; he came in half dressed, about six in the morning; it was light; he took my breeches from under my head, and took one shilling out of my pocket, and ran into his own room; I had two shillings more, and two or three halfpence; I ran after him, and taxed him with it.

Why did not you seize him? - I did not think proper; I thought it was proper to let him go into his own room with it, and take it away first; I went into his room as soon as I got my things on; he had not the shilling, but he told me where

he put it; and I told him it would be the worse for him.

JEREMIAH SMITH sworn.

The prosecutor and prisoner worked for me, and lodged in my house; on Monday morning about six, the prosecutor charged the prisoner with robbing him; he denied it, but afterwards acknowledged that he took it.

Prisoner. I took it.

GUILTY .

Transported for seven years .

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

Reference Number: t17891028-16

756. JOHN OXFORD and DANIEL HURLEY were indicted for stealing, on the 26th day of September last, eighty-four pounds weight of lead, value 12 s. belonging to Thomas Trother , and affixed to his dwelling house .

Thomas Daley, and John Stillwell called on their recognizances, and not appearing, the prisoners were BOTH ACQUITTED .

The recognizances ordered to be estreated.

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

Reference Number: t17891028-17

757. HENRY LLOYD and JOHN DANIELS were indicted for feloniously assaulting in a certain field and open place, near the king's highway, Clement Debney on the 24th of August , and putting him in fear and danger of his life; and feloniously taking from his person, and against his will, a silver watch, value 40 s. a steel chain, value 1 d. a key, value 1 d. a seal, value 1 d. his property .

CLEMENT DEBNEY sworn.

I am gardener at Thomas Hand's, Esq. at Knights-bridge; I was robbed the 24th of August, just after nine, just at the bottom of Constitution-hill ; I was going home alone (it was dusk) in the evening; I saw two men, about an hundred yards before I came nigh them; they were dressed as they are now; they were coming towards me, down the hill; nobody else was in sight at that time; when they came up to me, the man in the red jacket, Lloyd, asked me for my property; he held this; (a great bludgeon) to my head; I turned quick from his hands, and ran away; and they both pursued me; I fell, and they fell upon me; and Lloyd struck me with this bludgeon; I ran down the hill; they were both upon me; the other prisoner had a knife which I saw shine in his hand; he had nothing but the knife; in struggling, I got up, and attempted to run away: the prisoner Daniels I pushed down: and the prisoner Lloyd immediately knocked me down with this bludgeon; after I was down, the prisoner Lloyd asked the other prisoner if I had a watch; the man in the brown jacket, said, yes; the man in the red jacket, asked him again, have you got it? the man in the brown jacket said, no; and the man in the red jacket, then said, come, let us go? and the man in the brown jacket said, no, blast his eyes, cut his throat; that was Daniels, the man that had the knife; he gave the knife to the man in the red jacket; the knife was put to my neck, which left a mark for a month after: it was by endeavouring to cut it: I cried out, Lord have mercy upon me: then, as soon as they got my watch, they ran off: one of them left their hat, which I have here to produce.

How long might all this employ? - very nigh ten minutes, as nigh as I can guess.

Did no one come in sight all that time? - No; there is a centry at the bottom of the hill: I was just opposite the pond; when I came as far as the pond, I turned back; the water frightened me more than the men: and a man came up.

When you was upon the ground, how far might you be from the centry? - I take it, about six or seven hundred yards from

the centry of the queen's kitchen; that was the nearest centry to me: as I returned from pursuing them, I picked up this hat, and my own hat: I did not overtake them that night; they were taken about five weeks after, as nigh as I can guess.

Had you ever seen them before? - Not to my knowledge.

And can you then be positive, having seen them at no one time, but during such a transaction; can you be positive to their persons? - I carefully considered; I have not swore so positive to them yet, but I could with a clear conscience.

Do you swear positively to them now? - I think them to be the men.

Do you mean to swear positively, that they are the two men; or do you doubt whether they are the men? - I do not doubt but they are the men, in the least; I carefully considered a long while before I spoke: there were several men taken up on suspicion of the same robbery; and I had no knowledge of them: but I knew these again, as soon as I saw them; I was very careful after the circumstance.

Has the watch been found again? - Yes.

(The watch produced.)

Prisoner Lloyd. He swore to this man in the brown jacket; at the same time that he swore he was robbed, this man had this jacket on, and was in Tothilfields-bridewell; and was tried here last sessions.

THOMAS SOWERBY sworn.

I am a pawn-broker; on the 31st of August, Monday, in the afternoon, a person of the name of Sarah Winnall , pledged a watch with me; her name, I since find, is Hodges: this is the watch; she said it was her husband's; I advanced one pound thirteen shillings on it.

(Deposed to by the prosecutor.)

I know it by two dots in the face, opposite the hour three, which cannot be wiped out: I have had it three years.

(Shewn to the Jury.)

SARAH HODGES sworn.

I am a married woman: my husband's name is William Hodges : I pledged a watch with Mr. Sowerby; I believe this was the watch.

How came you by it? - I had it of my husband.

What is your husband? - He is a soldier, Sir.

What name did you pledge it in? - In my maiden name, Sarah Winnall .

Why did you pledge it in that name? - I cannot say.

WILLIAM HODGES sworn.

I am a soldier in the coldstream regiment of guards, in Colonel Morgan 's company: the prisoners are in that regiment.

Look at that watch? - I know this watch; I believe it to be the same watch that I received from Henry Lloyd .

When did you receive it from Lloyd? - I cannot say what day of the month it was; it was in the month of August, quite the end of the month; Lloyd asked me sell it for him, if I could; or otherwise to pawn it for him: he told me he had it from John Daniels : then I gave it my wife to pawn.

Prisoner Lloyd. He had the watch from me.

ELIZABETH TAYLOR sworn.

On the 23d, or 24th of August, John Daniels came to my room, and asked me to pawn his watch; I knew he had a watch; I could not go then: he said, never mind, he would get one of his comrades to pawn it: I believe I know the watch; (looks at it); I cannot positively swear, but I believe, to my knowledge, it is the same: I never took any notice of his watch; but I knew he had one, three or four months before: the next morning, Lloyd came to my house, and I asked him if Daniels had pawned his watch? and he said, yes, Hodges's wife had pawned it.

JOHN CRIDLAND sworn.

On the 26th of September, I was going toward Bays-water, with four more; three on the right hand, and two on the left: going down Bays-water-hill, I took the two prisoners: Lloyd had this bludgeon, and this knife concealed in his pocket; Daniels let his fall out of his hand: I found this bludgeon where Daniels let it drop.

MARY VYNER sworn.

I had an old chain of a watch of this woman, Elizabeth Taylor , she was distressed for a meal's victuals.

MOSES MORANT sworn.

Produced the chain from Mary Vyner ; and the duplicate of the watch from William Hodges .

Prosecutor. My watch had such a chain.

HENRY MATTHEWS sworn.

On the 25th of August, I was going to work about a quarter before five, up Constitution-hill, to the queen's gardens; and I found this bludgeon, and a part of a watch chain, and a buckle; the part of the chain appears to belong to the chain; I found it about two hundred yards below the gate.

JAMES RHODES sworn.

I am serjeant of the same company the prisoners belong to; on the 30th of August, I was on duty, on guard at Kensington: the prisoner Daniels was on duty; and with the rest of the men, he took his watch out to see what it was o'clock; I observed it, and desired to look at it; he gave it into my hand; I had it half a minute; I saw the watch after, which I gave to the prisoner Daniels again.

Should you know it again? - Yes.

Shew him the watch; (looks at it); I believe that to be the watch.

Is there any thing that makes you recollect it? - Only the minutes of it, I observed then; and I have since taken notice; I have seen the watch since then.

Was there any conversation passed between you, respecting it? - No.

PRISONER LLOYD's DEFENCE.

About five or six days after we were in the barracks, Daniels said he found a watch; he gave it to me to sell or pawn, and I gave it to Hodges; and his wife pawned it; I am innocent of the robbery.

PRISONER DANIEL's DEFENCE.

On the 21st of last August, in the morning, going in the park, by the canal, I saw this watch lay, and I picked it up, and put into my pocket; I shewed it to all my comrades at the barracks; I could not come out of the barracks; I shewed it all round; I know nothing of the robbery.

Prisoner Lloyd. I wish to call serjeant Rhodes to my character.

Court. Well serjeant, we leave it to you? - My lord, I cannot say any thing to his character.

HENRY LLOYD JOHN DANIELS

GUILTY , Death .

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

Reference Number: t17891028-18

758. WILLIAM CUNNINGHAM was indicted for feloniously breaking and entering the dwelling house of James Baker , about the hour of six in the forenoon, on the 9th of October , one Ann Quin and William Kendrick being therein, and feloniously stealing three callico gowns, value 30 s. three cotton gowns, value 30 s. two stuff petticoats, value 18 s. three shifts, value 6 s. six pair of cotton stockings, value 10 s. a callico shawl, value 5 s. a table cloth, value 12 s. five shirts, value 20 s. two pair of silk and cotton stockings, value 2 s. a cloth coat, value 30 s. a cloth furtout great coat, value 20 s. a dimity waistcoat, value 4 s. a pair of velveret breeches, value 10 s. a hat, value 3 s. two guineas, and four shillings in monies numbered, his property .

CATHERINE BAKER sworn.

I am wife of James Baker ; our house was unlocked, but I cannot say the locks were broke; I keep a saloop stand the corner of Hatton Garden; I was out; I left my house at half past three in the morning; at half past seven I returned, on hearing my door was open; the next morning I took the prisoner, with the assistance of one Winter; I found a callico gown upon him, nothing else; I lost the things in the indictment; (describing them) I value all my things I lost, at eleven pounds; I saw the things the day before; I knew the prisoner before, by coming to my apartment for saloop, with a pint china bason; I took him to be a shopman in Holborn; I do not know his business; when I gave charge of him, I said, that is the man that has robbed me; I said so, because I apprehended him in the morning, in the passage, when I went out; and he had my gown in his bundle; the prisoner said it was a coat, but I opened the bundle, and it was my new gown; the things were kept in my drawer, in my husband's chest; I have but one room; I am but a lodger; a low apartment.

Does the person who lets out the lodgings, live in the house? - No, he keeps a shop at the end of the court; he lets out the house in tenements.

Is this house let out entirely to lodgers? - Yes.

Mr. Knowlys, Prisoner's Counsel. What time these things were taken, you do not not know? - No.

You never found any thing but this gown? - No; the prisoner had been at my apartments four times.

Any body might see he had a bundle? - Yes; I had undoubtedly a strong suspicion of him, seeing him lay in the passage; when I came out in the morning, at half past three o'clock.

Did you speak to him then? - No; sometimes people are locked out.

Did you tell any body that you saw this man there? - Yes, I told my husband, before I knew the things were gone; I said, that young man will not hurt us, he is some young man locked out of his apartment.

This was quite a new gown? - Yes.

JOSEPH WINTER sworn.

I am in the optician way; I met Catherine Baker in Holborn, very much flurried; I spoke to her; she made no reply; her doors were all open; the next day I met her, and the prisoner was on the other side of the way; she desired me to apprehend him; we lost him, and found him ten minutes after; he had a bundle; I stopped him; he said it was a coat; I said, it was in too narrow a compass for that; and I took it out of his hand; and I had a pattern of the gown, at the same time in my pocket; I have had it ever since.

(The gown produced and deposed to by a remarkable mark.)

Catherine Baker. I tore it the second day of wearing, and I darned it myself.

JAMES BAKER sworn.

I left my house at six in the morning; I locked my door, and pulled the fore door after me; I left nobody in my apartment; I saw something stir like a hat; I was going to kick at it, and a man said halloo! I said, what are you doing there? he said, taking a bit of a snooze; I did not see his face; I returned at half past seven, and my clothes were taken out of my chest, and my drawers were stripped of my wife's things; I lost the things in the indictment; there was more money in the chest, but it was not taken; I saw the money in the drawers that morning, which was taken afterwards.

SAMUEL MAYNARD sworn.

I took charge of the prisoner, at Bow-street, with the property.

Mr. Garrow, another Counsel for the Prisoner. My lord, I have a person to prove that the prisoner could not be the person that was seen about the house in the

morning, when the woman says she saw him.

CHARLES WHITE sworn.

I live in Tash-street; the prisoner lodged with me; I remember the time of his being taken up for this offence; the morning before, and that whole week, my wife was very ill with a sore breast; I was up every night; I locked the door at eleven, and took the key into my room; and that morning or any other morning of that week, he did not go out of my place, till half after six; I am quite sure that that morning and every morning that week, he was at home at three and four o'clock; he lodged with me only a few nights.

The prisoner called one witness to his character.

Court to Catherine Baker . It was very dark when you went out of your lodging? - Yes.

Then how do you know it was the prisoner that was there? - I took my candle and lanthorn and looked at him; I saw him lay in the passage; I had a full view of him.

Are you sure of him? - Yes, I am sure it was the same.

Court to Jury. On the first part of the indictment, of the breaking, you must acquit the prisoner; for it is plain Ann Quin and William Kendrick did not live in the dwelling house of James Baker ; then it remains to consider another capital charge, namely, that of stealing property in the dwelling house of James Baker above the value of 40 s.

GUILTY, Of stealing in the dwelling house, to the value of upwards of forty shillings , Death .

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

Reference Number: t17891028-19

759. JOHN WARD and RICHARD GURNEY were indicted for stealing, on the 31st of July last, two trusses of hay, value 3 s. the property of William Dalton .

WILLIAM DALTON sworn.

I am a hay sale's-man : I live in Smithfield : on the 31st of July, I and the constable were in the hay-loft, about two in the morning, I saw the two prisoners go out of the lost with two trusses of hay: Mr. Holmes sprung his rattle, and they dropped the hay; it was quite day light: I reached rather too far, by which means I fell, and hurt myself very much.

WILLIAM HOLMES sworn.

I was with Mr. Dalton in the hay-loft; I saw the two men with the hay.

THOMAS WRIGHT sworn.

I am a neighbour: I had heard Mr. Dalton had been robbed; I advised him to sit up, and watch the hay-loft: and the prisoners were taken the next morning.

JOHN WARD 's DEFENCE.

I know nothing of the hay; I never saw the hay in my life.

Richard Gurney . I know nothing of the robbery.

JOHN WARD - RICHARD GURNEY

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. Justice HEATH.

Reference Number: t17891028-20

760. JOSEPH CONNOWAY was indicted for stealing, on the 16th of October , a linen handkerchief, value 1 s. the property of Jacob Coke .

JACOB COKE sworn.

I am a painter ; on the 16th of October, about half after six in the evening, I was going from Thames-street to Mile-end:

at the corner of Crooked-lane , it being dark, I found I had lost my handkerchief; I pushed him to Mr. Barlow's, a fishmonger's: and immediately, Meller picked up the handkerchief.

- MELLER sworn.

I came by at the time, and I saw the prisoner throw the handkerchief away.

- EWEN sworn.

I am constable: I produce the handkerchief.

(Deposed to by Mr. Coke.)

PRISONER's DEFENCE.

I had been over the water with my brother; and on our return, there was a great croud: and Mr. Coke pushed me into the fishmonger's shop, and said I picked his pocket: I know nothing about it.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. Justice HEATH.

Reference Number: t17891028-21

761. THOMAS PAINTER was indicted for stealing, on the 5th of October , two ewe sheep, value 32 s. the property of Thomas Shelton .

THOMAS SHELTON sworn.

I am a drover : on Monday, the 5th of October, I lost two ewe sheep out of the pens in Smithfield : I heard they were in Bennett's possession, the same day about eleven o'clock; I lost them about nine in the morning; one was branded with a B. on the off side; the other was with an S. and a dot.

ESTHER BENNETT sworn.

I had two ewe sheep: I was standing at my shop in St. John-street; the prisoner brought a parcel of sheep; he asked me to take in a couple of sheep? I told him, yes; he had drove for my husband about two months: and Mr. Shelton came and claimed them with a constable.

JOHN DINMORE sworn.

I am constable: on Monday, the 5th of October, Mr. Shelton came for two search warrants: I went and found the sheep at Esther Bennett 's; there were five, but three were Mrs. Bennett's.

PRISONER's DEFENCE.

I had a hundred sheep; and I was drawing them out; and I found I had two sheep more than my own; and I left them two at the first shop I came to in St. John-street.

NOT GUILTY .

Tried by the London Jury before Mr. Justice HEATH.

Reference Number: t17891028-22

762. THOMAS RUMBALD was indicted for stealing, on the 18th of September last, fifty printed paper pamphlets, value 30 s. and 50 lb. weight of paper, value 9 s. the property of William Woodfall .

(The case opened by Mr. Garrow.)

SARAH ATKINSON sworn.

I live in Dorset-street, Fleet-street; I know the prisoner; I did not buy any thing of him; I bought it of this Christopher, that is Pinchin; I knew Christopher by using the shop before; he said, he had brought me some waste paper; I asked him if it was his? he said, no, the warehouse-man had sent him to sell it, for him; I bought it as waste paper, and used it as such; it is the very same I bought of him.

Mr. Sheridan, Prisoner's Counsel. Did this paper consist of pamphlets that were saleable? - I looked upon them as waste paper.

Did you see by them that they were pamphlets that were unbound, but in the state they came from the press? - I certainly looked upon them as waste paper.

Did you ever see news papers with a stamp, sold for waste paper? - I did not take notice.

You know of no connection between the prisoner and the man that sold them, but what he told you? - No.

WILLIAM WOODFALL sworn.

How long did the prisoner live with you? - About three months.

Prisoner. Eight months, if you please.

A short time; I will state the leading circumstances, which will throw light on the transaction, though they may not be immediate evidence; on Thursday my overseer, Mr. Rogers, sent me word that something alarming had happened; I thought the house was on fire, at least; and in the morning, when I got up, I called him down, and asked him the facts; and in consequence of what the overseer said to me, I went to Bow-street, to ask Sir Sampson Wright or some of the magistrates, what I should do; they said I could do nothing, but wait till I was robbed again, and watch the people, or discharge the man; and extort from him what had been stolen; It has been stated by the counsel, that I sent for the prisoner and Pinchin; but the prisoner stated his suspicions against Pinchin; who declared he never had stole any thing; he said he sold the sweepings to a house in Fleet-lane; and was very willing to go there and make any enquiry; I had hardly been out of my private office ten

minutes before my clerk came over and gave me information against the prisoner; and directed my overseer to Atkinson's; while they were gone to Atkinson's, the prisoner was in my dwelling house; when they came back, they produced the paper, which is now in Court; that was Rogers the overseer, who came back from Atkinson's, and produced the bundles of paper, now in Court; I called the prisoner into the room, and shewed him these, and asked him if he had sold them; he said, yes; not a single word of menace or promise was said to him; I asked him how they came to be his property; he said he considered them as his perquisite; I then took up different parts of them, some of them Morning Chronicles, with a stamp on, on which I could have had the return; I said are these waste papers? he looked blank on them; they are entire pamphlets, tied up in fifties and twenty fives, and for which I paid nine pence a piece; I sent for a constable, and took him before the alderman; he said freely, Christopher was in the room, Pinchin brought him the money; he stated he had, and did not deny them.

Is there any pretence in the trade, for such perquisites? - I have been a printer for twenty years; I never heard of such a thing; but I should think the very appearance of them would prove it; I have stated them considerably under the value at thirty shillings and eighteen shillings.

CHRISTOPHER PINCHIN sworn.

I am a servant of Mr. Woodfall's ever since the 13th of October, I carried these books and papers to Atkinson's; I received them from Thomas Rumbald ; I saw them weighed in three different parcels, with a kind of waste paper round them; I received one and twenty shillings and nine-pence halfpenny; I paid all the money I received to the prisoner.

Mr. Sheridan. Did you know that property belonged to Mr. Woodfall? - Certainly, because it was on his premises.

Did you know it to be the property of the prisoner? - I do not know; he claimed it as his property, by the order of the overseer, to sell as waste paper; it was concealed as waste paper; and tied up with brown paper round it; I never saw the contents till it was brought back again; the person bought it in the lump, without ever undoing it.

Did you ever know the prisoner, from Mr. Woodfall, to have any authority to sell any paper? - No further than what he said he had from Mr. Rogers.

THOMAS ROGERS sworn.

I am overseer of Mr. Woodfall's business; I never till this day heard that the man insinuated such a liberty; I never was applied to; they would have fetched a great deal more money, if they had been really a fair perquisite; I was present when he said he had sent Pinchin with these; he said he had sold it, and thought it his perquisite.

Mr. Sheridan. I believe you hired the prisoner? - Yes.

Did not you tell him that there were some perquisites besides his salary? - Never, indeed, Sir.

JOSEPH THOMPSON sworn.

I am the constable; this paper has been in my cellar ever since the time it was delivered up.

PRISONER's DEFENCE.

I have nothing further to say, than this, when I came into the service I had sixteen shillings a week; I had eighteen shillings before as a book binder; Mr. Rogers told me he supposed I should make it worth my while after I had been some time; I did not make away with one single article of property; had I made away with any thing; I am confident I never made away with one single part; the place was never locked; if it was locked the windows might be taken down at any time, that any person might get in; and I never sold this, nor was it by my consent; I was intrusted with great sums of money, at various times, in Mr. Woodfall's service; never a day

without thirty or forty pounds; and never any one could take any notice of it, only the clerk, to give it me to pay; and several times one hundred pounds and one hundred and twenty pounds; therefore I appeal to you my lord, and the gentlemen of the jury; I hope it will never be thought that I made any ill use of what is here pretended; I declare to God that I know no more of what is there before you, than any one here present; had I had any dishonest intention I might have done it to hundreds of pounds; neither Mr. or Mrs. Atkinson can say, I either bought or sold this property.

Mr. Sheridan. Mr. Woodfall, until that day, you had no reason to suspect the character of this man? - Till the fact came out, I should as soon have suspected my nearest relation: it is most true, he was at times intrusted with large sums of money; he is the last man I should have suspected; I had not the least idea, till it came out: I take it for granted, that I may have given the clerks surplus money.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. Justice HEATH.

Reference Number: t17891028-23

763. JOHN MOORE and ELIZABETH RYMES were indicted for stealing, on the 11th of September last, one woollen blanket, value 3 s. and one linen sheet, value 4 s. the property of Richard Williams , in a lodging room .

(The witnesses examined separate.)

MARY WILLIAMS sworn.

I am wife of Richard Williams; I let a ready furnished lodging to the woman prisoner; a room on the first floor; Moore was not with her; he came the same night. he paid three shillings a week; they were there rather better than three weeks; I took them to be man and wife; but I since find they are not; the room joining their room, was stripped: I made a great outcry, and sent for an officer: I missed a bed-gown, a sheet, and a blanket: the duplicates were found in the woman's pocket; I saw them taken out by the officer.

MARY JOLLY sworn.

I know both the prisoners very well, by seeing them at our shop; a blanket and a sheet were pledged at our house; I did not take them in; I do not know who brought them.

JOHN ELLINGHAM sworn.

I am a carpenter; I went to apprehend the prisoners, by information; I took the prisoners the 12th of September, at No. 5, Rose-lane, Spital-fields; I searched her, and found eleven duplicates on her; and two of which led to the discovery, one of a blanket and the other on a sheet.

THOMAS HUCKWELL sworn.

I am a constable: on the 12th of September, I took the woman, and found on her these duplicates.

(Produced.)

Mrs. Jolly. These are our duplicates; my master's name is printed upon them.

JOHN LODWICH sworn.

I went with the constable to find out the prisoners: the woman was at home; she said to Mrs. Williams, you need not turn down the bed, there is a blanket and a sheet missing; she said they were pawned; and I saw eleven duplicates taken out of her pocket.

PRISONER RYMES's DEFENCE.

I proposed to get the things out; I did not mean to let the things lay in.

PRISONER MOORE's DEFENCE.

I went out about eleven in the forenoon, with intent to get some work; I had been out of work for a long time; I went and got a job; and with the money, I had intention

to get out the sheet and blanket, and pay the rent, which was not due for fifteen hours.

How came she to pass as your wife? - She is not so by law, Sir, but we cohabit together.

JOHN MOORE , NOT GUILTY .

ELIZABETH RYMES , GUILTY ,

Transported for seven years .

Tried by the London Jury before Mr. Justice HEATH.

Reference Number: t17891028-24

764. ROBERT SHARP was indicted for stealing, on the 16th of October , one woollen cloth great coat, value 5 s. and seven yards and a quarter of white callico, value 12 s. 6 d. the property of William Romney .

WILLIAM ROMNEY sworn.

I am ostler at the Bell-inn ; I lost my great coat and some callico; I saw the prisoner in the morning in the yard; I saw him unlock the door, and bring the things out.

PRISONER's DEFENCE.

I went up the yard, in order to get some work.

GUILTY .

Imprisoned two years .

Tried by the London Jury before Mr. Justice HEATH.

Reference Number: t17891028-25

765. MARY STULTZ was indicted for stealing, on the 25th of September last, a flannel petticoat, value 1 s. and a linen shirt, value 1 s. the property of William Foreman .

LYDIA FOREMAN sworn.

I am wife of William Foreman ; we are lodgers; I knew nothing of the prisoner; I lost a flannel petticoat and a shirt: I lodge in Catherine-wheel-alley, Bell-lane, No: 2 ; I missed my child from the door, and the things from off the child; he is five years old; he was taken from the door; it was about five in the evening; he had on a shirt and a flannel petticoat; I saw my child again in about two hours; it was stripped; I never saw the things again: I saw the prisoner at a publick house, and the child on her knee; the things were gone then: the prisoner said she was taking care of my child; the child never goes from its own door, nor hardly down stairs; the prisoner said she found the child naked: the child said, in the hearing of the prisoner, that she sold his things at an old iron shop, but he could not tell where; I have tried but could not find the place; I was so frightened; I do not know whether the child was crying or not; he said, in her presence, that she took him from the door and pulled his clothes off, and wanted to drop him, but he cried and would not be dropped; he said, she took him into a necessary, to strip him, and wanted to drop him in an alley; the publick-house was the Duke's Head, in Wingfield-street.

WILLIAM FOREMAN sworn.

The prisoner said at the watch-house, in my hearing, that she found the child in Castle-street, Spital-fields: the next morning, before the Justice, she said she found it in Bell-lane, Spital-fields; I saw the child brought home; his petticoat and shirt were missing.

JOHN KEY .

Court. Have you ever taken an oath my little boy? - No, my lord.

Do you know the nature of an oath, and what will become of you, if you tell a story? - Yes, Sir; I shall go into brimstone and fire.

Have you been taught your catechism? - Yes.

Do you know you will also be punished in this world? - Yes.

JOHN KEY sworn.

Do you live with your father? - Yes.

What is he? - A shoemaker.

Look about, and look at that woman; did you ever see her before? - No, Sir, not before she took the child; she came to the door, and told the child she would give him a halfpenny-worth of plumbs, to go with her; I heard her; the child said, no; and this other brother wanted to go; and she said he should not, but he should bring some plumbs home in his cloth to his brother; then the child went.

Was the other brother bigger or less? - Why, Sir, he is bigger: I saw them go together into Wingfield-street; they walked; I saw nothing more of them after; the woman had a black gown on, but no cloak.

Are you sure the prisoner is the woman? - Yes; her gown was black.

ELIZABETH JOHNSON sworn.

My husband is a shoemaker; I saw the prisoner when the child's mother took her, which was at the end of Bell-lane; that was after she took the child from her: I heard the prisoner say she found the child in Castle-street.

Court to Mrs. Foreman. After you missed your child, you saw the woman and child at the Duke's Head in Wingfield-street, the bottom of Bell-lane? - Yes; that is pretty near Wingfield-street.

PRISONER's DEFENCE.

I went to carry home a waistcoat; going along, there was this child; I could get nothing out of him, but that his name was Tommy; I brought the child into Mr. Jones's; I went round the tap-room with the child in my arms; from thence I went to the Duke's Head, and to Petticoat-lane; and into Bell-lane, where the prosecutrix lived, not knowing her to be the mother of the child; I went to the corner of Bell-lane, and asked for a halfpenny worth of bread; and desired them to enquire about the child; the prosecutrix found the child in my lap, eating a bit of bread, and drinking beer; I took nothing off the child's back; I cannot say whether she lost any thing.

GUILTY .

Court to Prisoner. Prisoner at the bar, you have been convicted on very satisfactory evidence, of stealing the articles mentioned in the indictment; and under circumstances the most aggravating. One should conceive, that the tenderness of your sex would have prevented you from committing a crime of so horrid and atrocious a nature. I do not know whether you have ever been the mother of children; but if you have, your offence is aggravated beyond measure: for, if you have ever had the feelings of a mother yourself, your mind must be depraved beyond the possibility of conception, to induce you for so trifling an article as this, to have put parents into a situation which might have made them miserable to the end of their lives. For, the death of a child in a natural way, is not so dreadful as losing them thus. It is necessary, therefore, to inflict an exemplary punishment on persons of your description, by way of example to others more than of punishment to you: for I conceive your mind to be so depraved, that no sentence of the Court can make any impression on you. The severest sentence I can pass on you, is to send you abroad, where you will be at such a distance, (although I am not enabled, which I sincerely lament, to transport you for life,) that you will not be able, in all probability, to return; but if you should, I hope you will come back with a tenderer heart, and a mind of some feeling and sensibility. The sentence of the Court upon you, is that you be

Transported for seven years to the coast of New South Wales, or some of the islands adjacent .

Prisoner. My lord, I return you thousands and millions of thanks; they would have had my life if they could; and I am bound in duty to pray for you all.

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17891028-26

766. JOHN PRESTON was indicted for stealing, on the 16th of September last, two saws, value 6 s. the property of Thomas Bullen .

THOMAS BULLEN sworn.

I am a carpenter ; I lost two saws from Chelsea, from a house of Mr. Sanderson's, where I was at work, in Baron-street ; I lost them on Wednesday, the 16th of September, about ten o'clock in the morning: I saw the saws in Mr. White's hands, a carpenter; he is here.

ROBERT SANDERSON sworn.

At one o'clock, the time of my going to see the men at work, I saw the prisoner in custody: I am a master carpenter; the last witness is my servant; the prisoner denied having the saws; I did not see the saws upon him.

JOHN WHITE sworn.

I am a carpenter; I was at a publick house opposite Mr. Sanderson's shop, at dinner; I saw the prisoner go into the shop, pull back the spring lock, go up a ladder, and hoist up the latch of the shop door; he went into the shop; I saw him come down the ladder again, and stand directly opposite the publick house, with one of his hands down; we followed him; he crossed the way, pulled out one saw, and put it over a fence; when we came up to him, we asked him whether he was a chip, and wanted a job? he said, no; we asked him what he wanted in the shop; and I went forward, and found two saws over the fence; one was a small saw; I gave them to Bullen.

Bullen. I gave them to the constable; he is not here; his name is Joseph Feltham : I brought the saws here; I received them from Feltham this morning, in my master's presence.

Sanderson. I saw him receive them.

FRANCIS WEDDON sworn.

I am a carpenter; I went to dinner at twelve; and between twelve and one, I saw the prisoner open the gate and go up into the shop; (speaks to the same effect as White) I carried the saw to the justice's; White gave it me.

JOHN BURTON sworn.

I am a carpenter; I was at the publick-house; (speaks to the same effect as White.)

(The saws deposed to by the prosecutor, one having his name, and the other a cross, made with an awl, on the handle.)

PRISONER's DEFENCE.

Not guilty, my lord; I had been to Little Chelsea, and they took me.

Prosecutor. The saws were marked before the justice, with ink, before they were delivered to the constable.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17891028-27

767. JOHN JONES was indicted for stealing, on the 19th of October , a leather bridle, value 4 s. the property of Thomas Maitland , Esquire.

THOMAS SEDGER sworn.

I am coachman to the prosecutor; he lost a leather bridle from the livery stables; I saw it in the stable on Monday evening was a week; on Tuesday morning it was gone; on the Thursday following I saw it at Mr. Clarke's door, a sadler in Oxford-street; I knew it, having had it four years; and there are particular loops to it; it is here.

- CLARKE sworn.

I am a sadler in Oxford-road; the prisoner came to me with a bridle, either on Monday or Tuesday evening; he came to me with that familiarity, as I knew him two years, as a servant; he was out of place then; he said Clarke, I have a bridle to sell for a widow woman; it is not my

own; the price is so much; says I, Jones, it is a very old bridle; it is not worth so much; I gave him four shillings and sixpence, and he asked five shillings; he said, if the woman did not approve of the price, he was to have it again; he did not return.

(The bridle produced and deposed to.)

PRISONER's DEFENCE.

I never was before any gentlemen before; I have very little to say; I will not tell a lye if I know it; I will speak the truth, let the consequence be what it will; I did sell the bridle to him; I saw it hanging on a door; and I certainly put it into my pocket; I never broke a lock nor opened a stable door.

GUILTY .

Whipped .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17891028-28

768. JAMES GARRICK was indicted for stealing, on the 18th of October , a cloth jacket, value 3 s. an iron shovel, value 4 s. the property of Benjamin Hubbald , and one thickset waistcoat, value 18 d. the property of Alexander Williamson .

BENJAMIN HUBBALD sworn.

I am a cow-keeper : I lost a jacket and shovel, on Monday the 19th of October, from the cow-house; I saw them on Sunday night about nine; on the 20th I saw the prisoner come by my door with the jacket on; I never saw the shovel; I stopped the prisoner; the constable gave me the jacket; he is not here; I knew the jacket when the prisoner had it on; it was tore up the sleeve; there was a white metal button in the pocket, and a ten-penny nail, which I put in the pocket myself; I felt for those things while he had the jacket on.

ALEXANDER WILLIAMSON sworn.

I am a milk-man ; I lost a brown thickset waistcoat, the same morning out of this cow-house; the prisoner had it on when Mr. Hubbald brought him to my house; I know the waistcoat; I have no doubt of it; it had a new sleeve put in; the prisoner said he bought it for nine-pence.

PRISONER's DEFENCE.

Going between Islington and Highgate, I lighted on a man who asked me to buy a cloth coat and waistcoat; he asked me to change mine for his, and a shilling to boot; I gave him nine-pence; if I had stole them I think I should not have come nigh his house.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17891028-29

769. JOHN FULLER and THOMAS FRANKLYN were indicted for stealing, on the 28th of September last, three live hen fowls, value 3 s. and one copper dish, value 6 d. the property of Ralph Dundas .

SARAH NEWBERRY sworn.

I am servant to Mr. Dundas, at Green-street, Enfield highway; he lost three live hens; I cannot say any thing about the fowls; I missed a copper dish, on the 29th of September, in the morning; it was in an open orchard, to feed fowls out of.

EDWARD WRIGHT sworn.

I am a gardener; I am a watchman at Stoke Newington; I stopt these two boys on Michaelmas day, in the morning, about ten minutes after three; we detained them, and sent for a constable; they had three dead fowls, one with the head off; and the maid servant found a head on their premises; they had a copper dish; I think it was Fuller that had the bundle, and I think the other had the dish; they were going on very fast, and would hardly be stopped; they said a man gave them to them; they were both in one story; then

afterwards they owned to the constable where they took them from; and they went with us to the place; the constable told them it would be better for them to tell; and then he took them on one side.

JOHN JONES sworn.

I am a gardener by day, and a watchman at night; I was the first that took the prisoners; I saw the dish taken from Fuller, and the fowls from Franklyn; I afterwards took them to the prosecutor's house; one of the fowls heads was off; and the maid brought a head from the hen house; it was the same colour as that without a head.

THOMAS CHAMPLIN sworn.

I am a constable of Newington; I took charge of these lads; I went to the prosecutor's house; I saw Mrs. Newberry; she swore to the dish directly; and we found one of the heads of the fowls in the hen-house; I have kept the dish; it was delivered to me at the magistrates; Jones carried it there; here is a cross which his majesty marked with a pen knife.

Jones. This is the same dish.

(Deposed to by a place where the copper was worn off.)

Prisoners. We found the property at Enfield highway.

JOHN FULLER THOMAS FRANKLYN

GUILTY , Whipt.

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17891028-30

770. DAVID DAVIS was indicted for stealing, on the 24th of September last, a pair of leather shoes, value 4 s. the property of William Maxfield ; a shirt, value 5 s. three pair of stockings, value 6 s. a pair of boots, value 7 s. a sheet value 6 s. two handkerchiefs, value 3 s. the property of Henry Rees .

The two prosecutors deposed that they lodged in the same house with the prisoner; and missed the respective articles in the indictment, which were found on the prisoner, by Joseph Pick ; and the prisoner confessed taking them, without promise or threat.

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

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17891028-31

771. EDWARD BOYLE was indicted for stealing, on the 24th of October , a leather trunk, value 10 s. an iron lock, value 6 d. and a leather trunk flap, value 2 s. the property of James Beckett .

James Beckett and William Watt were called on their recognizances, and not appearing, the prisoner was ACQUITTED .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17891028-32

772. JOHN WILLIAMS was indicted for stealing, on the 10th of October , a leather saddle, value 15 s. and a pair of plated stirrups, value 2 s. the property of Thomas Dale .

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

Reference Number: t17891028-33

773. RICHARD SMITH was indicted for stealing, on the 9th day of October , a pair of leather shoes, value 4 s. 6 d. the property of Thomas Plews .

THOMAS PLEWS sworn.

I lost my shoes out of my shop; I am a

shoe-maker ; I live next door to the corner of Craig's Court, Charing-cross .

GEORGE STOCKER sworn.

I am a porter; I saw the prisoner come out of the prosecutor's shop with a pair of shoes under his arm; the apprentice boy ran after him, and cried stop him, and pulled hold of him by the coat; and the old man had a stick; and says he, damn you, damn you, and tried to hit him; and threw the shoes at him; and a soldier came past, and picked them up.

ARCHIBALD ADAMS sworn.

The prisoner came in for a pair of woman's shoes; he spoke to my mistress; and she bid me to watch behind the door, because she suspected him; I went behind the door; and while my mistress turned he took a pair of men's leather shoes, and put them under his coat; he ran out; and I ran after him; I caught hold of his tail, and he threw the shoes at me.

Prisoner. They were my own shoes.

GUILTY , Whipt .

(Aged 71.)

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17891028-34

774. GEORGE MARRAM was indicted for stealing, on the 4th of October , a dimity petticoat, value 5 s. a flannel ditto, value 6 d. a silk cloak, value 5 s. a muslin apron, value 5 s. the property of Mary Sandbach .

Mary Sandbach and William Ankers called on their recognizances, and not appearing, the prisoner was ACQUITTED .

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

Reference Number: t17891028-35

775. JOHN FRAZER otherwise FRAZIER was indicted for stealing, on the 27th of October , one linen shirt, value 2 s. the property of James Nicholls .

JAMES NICHOLLS sworn.

I lost my shirt; I suspected the prisoner, and watched for him; I sat in the back room without a light, with an oak stick; and in about an hour and a half the prisoner came in; looked at my wife who was behind the door; he surveyed the linen; I saw him perfectly well; my wife went to the fire; he withdrew; she went to her station again; he advanced again and waved his right hand towards the line, but could reach nothing; and he went out; in about three minutes he came in with a hook stick and looked round the room, and tried the aprons; they were tied to the lines; he put the stick under a wet shirt, and lifted it an inch or two; he continued raising it; at last he got it about as high as himself, and drew it with himself out of the door; I flew across the room, and took him immediately; he dropped the shirt; this is the shirt; it is mine.

Prisoner. I know nothing of it.

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

GUILTY .

Imprisoned three months .

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

Reference Number: t17891028-36

776. ANTHONY ELTSTON was indicted for stealing, on the 20th of October , one hand saw, value 3 s. the property of William Humphreys .

WILLIAM HUMPHREYS sworn.

I am a broker , No. 100, in Ratcliff-highway ; I lost a saw last Wednesday morning, between nine and ten; I was at breakfast in the back room, and was

alarmed; I pursued the man, and by information, I found him; and saw him lay down the saw.

(Produced and deposed to.)

JAMES WINCHWELL sworn.

I saw the prisoner go into the prosecutor's shop, in the morning, about nine; he had nothing when he went in; he staid about a minute, and came out with something; I thought it had been a fender; I told Mr. Humphreys; I am sure the prisoner is the man; I did not know him before.

JOHN DAVIS sworn.

I saw the prisoner coming along; I said to the prosecutor, here is the man with the saw; then the prisoner threw down the saw and ran away.

PRISONER's DEFENCE.

Going down to Blackwall; in Union-street a gentleman picked up the saw; he asked me if it was mine? and I said no; and he laid it down; and I picked it up.

GUILTY .

Imprisoned three months .

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

Reference Number: t17891028-37

777. ELIZABETH DAWSON was indicted for stealing 24 yards of cloth, value 34 s. the property of Cain Mahony .

MARY MAHONY sworn.

I am wife of Cain Mahony , No. 5, Theobald's-road ; I keep a small linen-draper's shop; on the 24th of October, I lost twenty-four yards of Irish linen, between three and four in the afternoon, as near as I can guess; the prisoner took it; I saw her in my shop; a man came in about ten minutes before her; and she and another man came in for a piece of muslin; she said, no hurry, it is very cold; while I was reaching down the muslin, the prisoner took the cloth in her hand, from the shelf, by the side of the counter, about a yard from the ground; she carried it out immediately; the man staid in the shop; I said, I was robbed; and I ran to Fisher-street; and the whole four were standing together; it was not longer than seven minutes before I saw them; when they saw me they ran; I followed them; the man had the cloth under his arm; but he out ran me, and I caught the woman; she never was out of my sight, from the time I saw her in Red-lion-square; I never got the cloth.

Mr. M'Nally, Prisoner's Counsel. Have you always been positive to the person of the prisoner? - I have; that is the prisoner.

Did you never make any proposal to forgive her? - No.

Not for a sum of money, in the presence of Baker or Cooke? - No.

MARY WILLIS sworn.

Deposed to the same effect.

Prisoner. I never was in the place, or touched any thing.

The prisoner called five witnesses to her character; one of whom swore the prosecutor and the prisoner's party came to his house to compromise the matter; and upon being directed to find out the prosecutor, he fixed on the constable, and appeared not to know who the prosecutor was.

GUILTY .

Transported for seven years .

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

Reference Number: t17891028-38

778. JOHN CAVE and JOHN PARTINGTON were indicted for burglariously and feloniously breaking and entering the dwelling-house of John William Anderson , Esq. about the hour of one in the night, of the 21st of September last, and burglariously stealing therein, one gold snuff box, value 20 l. one gold enamelled ditto,

value 31 l. 10 s. a silver ditto, value 20 s. a tortoise-shell ditto, value 20 s. a cornelian ring, set in gold, value 5 l. a stone ring, with diamonds, set in gold, value 10 l. 10 s. ten gold medals, value 15 l. seventy silver ditto, value 5 l. 40 pieces of foreign silver coin, value 6 l. a pair of silver shoe buckles, value 20 s. a pair of Mocoa sleeve buttons set in gold, value 20 s. a cornelian seal set in gold, value 10 s. a silver ink stand, value 20 s. a silver sand box, value 10 s. a pair of silk stockings, value 10 s. a silver waiter, value 10 l. two silver waiters, value 5 l. two silver salts, value 20 s. a silver toast rack, value 40 s. a pair of silver sugar tongs, value 10 s. a silver pint mug, value 3 l. a silver chocolate pot, value 3 l. and two plated candlesticks, value 10 s. his property: one bank note, No. 7732, dated 22d of August, 1789, value 50 l. and an order for payment of money, dated the 15th of August, 1789, value 42 l. 10 s. his property .

(The witnesses, on both sides, ordered out of Court.)

The indictment opened by Mr. Knapp: and the case by Mr. Garrow, as follows:

May it please your lordship.

Gentlemen of the jury; I cannot help wishing for your being permitted to hear what I have to state; because this is a prosecution which, whether you consider the effect to the prisoner, or the importance of it to the public; in all the views, I say, in which it can be considered, it is a prosecution that requires your best attention: I believe there will not be any great difficulty in it, when the circumstances come to be understood, and to be considered with that attention, and with that discretion, which it becomes you to exercise, and which you bring to all subjects, certainly to consider them with. The prisoners, one of them, Partington, was coachman to Mr. Anderson: and it will appear to you that this offence has been committed, by him, in the company of another coachman out of place, of the name of Cave; and the third person, Lasceter, who had lived in the capacity of postillion and groom; both these persons had quitted the service before this robbery was committed; but it will appear without any possibility of doubt, that while Partington was in service he had meditated this robbery, considered the mode by which it could best be effected, had examined the weak parts of the house; and that in short, that which has ended in taking from Mr. Anderson by burglary, a very large part of his property, was formed while this man was in the capacity of a servant: Gentlemen, upon the 21st of September the house was made secure, by a servant who will be called; on the next morning, when that servant came down she found that the house was broke open, that Mr. Anderson's own room had been entered, that his writing desk had been plundered, and that the drawers in the room, and every thing else where any thing of value had been contained, were all of them rifled: from some circumstances in the character of Partington, the alderman entertained suspicions, and also of Lasceter; in consequence of which that man was taken into custody: on the 26th of September a man of the name of Piddington, a constable, went to a house called the Two Chairmen, and to which I will beg you to keep your attention, in the course of what I have to say; and in bed he found the other prisoner Cave; he told him he must get up and dress himself, and go with him; he enquired on what occasion; the constable told him no matter, he must go with him, and that he wanted the key of the stable: the key of what stable? the constable, in consequence of the information he had received, said, why, of the stable in which Mr. Anderson's plate is hid; he at first gave no answer; but at last he said, well let us go back, and in a chair covered with some hair, he produced the key of a stable; he directed the constable to that stable, that it was the next stable to the pump, in a certain mews, which he described, and that in a particular part of that stable he would find the things he was in search of; in

consequence of which, he, with other assistance, went to the stable and found a great number of articles: on the person of Cave, he likewise found a silver watch, five guineas, two half guineas, a quantity of silver, and several other things, which he confessed he had received as his share of a fifty pound bank note, which had been stolen from Mr. Anderson; and he likewise, I think, I am not sure, stated that a draft of forty-two pound ten shillings, which had likewise been stolen, at the time these other things were taken, had been burned: Gentlemen this is abundant evidence, one would think, to connect Cave with this burglary: I avoid for the present stating to you the evidence of Lasceter, because I wish you to consider this case as you go along, always remembering that you are not to attend to any thing that is stated to you from the bar, unless it comes out upon proof; but I wish you to bear upon your minds the different degrees of guilt which attach to these prisoners, in the different stages, always remembering how much of that guilt has attached before the evidence of the accomplice comes to be considered. The evidence against Partington is this, after Lasceter was in custody, he of course had given information, which led to enquire into the transaction; and Partington was pursued into the country; Partington was gone down to Liverpool; he was taken at Preston; and upon his person there were found some things which are extremely material for your consideration and attention; and in the lining of his breeches, next to his skin, I believe, one of those things, which you have seen lately, probably, one of those phosphorous bottles, with matches, by which you may procure light without flint and steel; this will be an extremely important circumstance in the course of this enquiry; there was likewise found upon him two keys, which he acknowledged to be his property, and which he stated to belong to him; there was a pocket book, and in that a receipt from the book-keeper of the Axe inn, in Aldermanbury, for two boxes which had been delivered, as will be proved by the person who had that receipt: Gentlemen, these things the prisoner Partington stated to be his own; the key will be found to open one of the boxes at the inn in Aldermanbury; the receipt will be found to apply to both the boxes found in Aldermanbury, therefore it becomes extremely material for you to consider the contents of those boxes; they contained among many other things, articles of Mr. Anderson's, taken by the persons who committed the burglary in question: when Partington was brought to town he was shewn these different articles, and among the rest a brass ink stand was produced to him; it was not at that time stated where that had come from; but he said it was his property. Gentlemen, it will be proved to you that the brass ink-stand was taken out of the box at the Axe inn, in Aldermanbury; this is to shew you that these boxes were the property of Partington; that the contents of them therefore, are to be presumed to have been conveyed there by him, and therefore it becomes expedient for him to account to you how he came by such articles. Gentlemen, in addition to this it will be proved to you, that the two prisoners, together with Lasceter, had for some nights preceding the 21st of September passed their evenings, and slept at the Two Chairmen, in David's-street, Berkley-square, where I told you Cave had been found in bed: so far we connect the three: but it will be material for you to remember that upon the very night of the burglary neither of these persons, who had for some nights before slept at that house, slept there; where they slept perhaps they will inform you by witnesses; I am afraid I shall be able to give you a very satisfactory account, that they did not sleep at all, but that when the rest of mankind were enjoying that necessary refreshment they were employed in this robbery. Gentlemen, I might pause here, and ask you, whether in a question which is to be made up of circumstances; and where a Jury are to find their way by circumstances; I have not stated enough, if Ican prove it, to intitle the crown to convict these two unfortunate men. Gentlemen, in all iniquities of this sort, at human tribunals, we are not to expect that men who set about to prey on their fellow subjects, and commit depredations on the publick, should call witnesses to their guilt. I cannot prove that such and such witnesses saw the fact committed. All that in general Juries can expect, is that by circumstances, they may be satisfied of the guilt of the persons accused. God forbid, that in such a case as this, I should press it one hair's breadth beyond its due bounds; it is not my duty, and I hope I am not disgraced by the inclination. Gentlemen, there is another circumstance which I proceed to state to you, before I open the evidence of the accomplice; I told you these people would be shewn to have had connections together, at the Two Chairmen, after Partington went out of town; and after Lasceter and Cave were in custody. It was expected, that probably there would be some correspondence between these two persons; and therefore, very properly, directions were given, that any letters coming to Cave, so suspected, might be carried to Sir Sampson Wright's. I shall read to you a letter, which I shall prove to be the hand-writing of the prisoner Partington; it is addressed to the other prisoner, Cave; and before I read it, I wish you to understand, that you are not to consider that as evidence against Cave, to whom it is addressed, further than as it may be a corrobation of the evidence of the accomplice; and strengthen the evidence of the crime imputed. If you, or any of you, can understand it to refer to any honest transaction; if you think it does not bear on the point; if you think it is too obscure, to conclude any thing against the prisoners from it, for God's sake, reject it totally: but if you think that from the phrase of it, it can relate to no other subject, than that on which I have had the misfortune (as far as these people are concerned) to address you, it will confirm the evidence of the accomplice: it is addressed to Cave, at the Two Chairmen.

"Friend, I would have one of you to

"come down to me; and set off from

"London on Monday next, for I have

"got all ready; and stop at the inn at

"Liverpool; if not, leave word where I

"shall find you." And this is addressed from Liverpool; it comes, manifestly, by the post mark, from that place. Gentlemen, the only circumstance I bring it for, is to shew that the accomplice is confirmed, when he says these two persons were concerned in the burglary, and partook of the guilt. Probably, in the course of this session, you may have learned from the highest authority, that the evidence of an accomplice, though such as a Jury receive with caution; and though by the law of this country, it is admissible and competent evidence; yet no Jury is advised by the Court, nor do they at all feel disposed, if so advised, to find a person guilty on his single evidence; because, he comes here, confessing himself to be a bad man; and it is not safe solely to rely upon him: but in a case where without an accomplice, there are circumstances, very strong circumstances, to go to a Jury, where the accomplice appears to have discovered his own guilt, and the guilt of those concerned with him, in the earliest instance; where he is confirmed even in the smallest circumstances, he is a fit witness, whose evidence is to be taken into consideration; and on whose evidence a Jury may safely rely. Gentlemen, this man, Lasceter, will be called; he will tell you he had been postillion to Mr. Anderson, and became acquainted with the coachman, Partington; that Partington had planned the robbery; and he carried the other two persons to the place; and that they perpetrated the robbery in the manner he will describe. Gentlemen, it is fitter, and more safe you should hear it for yourselves; so much of it as is not confirmed, you will not very much rely on; but if his main story should derive confirmation from witnesses of undoubted

credit; from intrinsic circumstances, certainly then you will receive his testimony, with allowance for his situation. Gentlemen, in circumstantial evidence, the smallest circumstances now and then turn out to be extremely strong; and there is one, which it is fit I should draw your attention to. There was an ink stand taken from the writing desk of Mr. Anderson; it will be stated to you by Lasceter, that when they got out into the stable of the Alderman's, to divide the property, Partington said, this d - d ink stand had spilt in his pocket, and had inked him; upon which, he took it out, and emptied the rest of the ink on the hay; now you would expect that confirmation, and you will have it; because, in the pocket of the coat he had on when he was taken into custody, there are the manifest marks of the ink, which had in some manner stained that pocket; it will be for you, therefore, to judge whether this, though a single circumstance, does not confirm the accomplice. Gentlemen, this is a case in which I took the liberty to say, the lives of the prisoners were concerned; and therefore, it calls for your attention. It is a case in which one servant has induced another servant, and another person, not connected in the service of the Alderman, to perpetrate a burglary in his house; and it aims at the best securities under which we live. If servants will betray their trust; if they will meditate while in our service, how to accomplish their depredations on the peaceful dwellings of their masters, God knows by what tenure any of us can hold things dear to us. Gentlemen, the atrocity of the crime ought not to induce you to form a wish for the conviction of the prisoners, without the fullest evidence of their guilt: but if I can satisfy you by a strong unanswerable and unanswered chain of circumstances; if I add the evidence of the accomplice, who comes to make the only retribution in his power, to the laws of his country, that these two men are the perpetrators of this guilt; it will be your duty to the publick; it will be your duty in that sacred character of Jurymen, on your oaths, to pronounce them guilty. If you should have any conscious doubt, I am sure the prosecutor who sends me here, is one of the first men in the court, who will desire you to pronounce them not guilty.

CATHERINE TOWERS sworn.

I was servant to Mr. Alderman Anderson; on the 21st of September last, I locked up the house, and made it secure; I was the only person in the house; I got up in the morning of the 22d, between seven and eight.

In the morning of the 22d, was the house in the same state of security, as it was on the 21st, when you went to bed at night? - No.

Describe how you found the house, at coming down in the morning? - The first place that I came to, was my master's dressing room, which I had double locked, I found open, and the key on the outward side; I went down stairs, and there I found the back area door open, and the candle standing on the bench in the area, in a common kitchen candlestick, which I left on the mantle-piece in the kitchen; there was half, or more, of the candle left; in the morning, it was nearly burnt to the socket; it was standing then on the bench in the passage, leading to the area; then I saw the footman's pantry door open, with the lock hanging by one screw; then I went up stairs, and went into my master's dressing room; there I could see the papers all of a litter on the carpet; I threw open the window; there I found the desk cut across; the top part thrown back; the papers all in confusion; rings, cases, purses, likewise the wardrobe; there was every drawer, every door open.

In short, every thing was rifled? - Yes.

What did you see in the butler's pantry? - There I missed the plate, a considerable quantity of plate; all the things mentioned in the indictment.

Do you happen to know Partington? - No, Sir, I do not.

Prisoner's Counsel. It was between seven and eight, when you got up? - Yes.

Broad day light? - Yes.

You was the only person in the house? - Yes; the area door was wrenched; one of the bolts was off; the door was cut, and the purchases down it, which had wrenched the door; I likewise heard a noise in the night.

What time do you think? - I cannot say.

Was it dark? - Yes.

JOHN PIDDINGTON sworn.

I was a constable at the time the prisoner was taken into custody; on Saturday, the 26th of September, I took the prisoner Cave into custody, at the house of one Clarke, the sign of the two Chairmen, in David-street, Berkley-square.

Did you find the prisoner in bed, or up? - As to stand charged upon oath, it is rather hard to say; he was getting into bed partly, and partly up.

Did you find this man in his bed room? - Yes, Sir, I did.

Did he appear to you, to be a person who had slept in that room that night? - Yes.

Now tell us what passed between you and him, when you came into the room? - I asked him if his name was not John Cave? he said, yes; I told him if his name was Cave, he must put his clothes on, and go with me; he made very little, or no answer; he put on his clothes, and then he changed them, and put on cleaner clothes; there was but very trifling passed at that time, hardly worth observation; then he asked me where I was going to take him to; I told him to the watch-house at present; and I asked him for the key.

How did you ask him for the key? - I asked him where the key was.

What were your own words? - I asked him for the key where the things were; I asked him for the key of the stables, where the things were, that they had robbed from Mr. Anderson.

Did you tell him, that you wanted him respecting that robbery? - Yes, Sir, I believe I did; I could not recollect at that time the examination was taken, so perfectly; and I have made a memorandum since.

What did Cave say to you? - Why, he seemed to say but little about the key at first, till we came down stairs; and nearly about the bottom of the stairs, I seized him by the collar, and called Mr. Clarke to aid and assist in the king's name; and he desired me not to lead him; I told him the laws of my country protected me to lead him, and lead him I must; and I put him into the parlour; we had some words there; I think, that I would not shew him lenity, without he would behave well to me; he desired to go up stairs; when we came up stairs; I followed him up as sharp as I could; when he came up stairs, he went to a chair in the room I had found him in.

Prisoner's Counsel. What had you said to him? now, before you went up stairs; had not you told him that it would be better for him? - I do not know but I might; very possibly I might.

You told him it would be better for him to confess, and tell you where the key was? - Possibly I might.

Mr. Garrow. Do you mean that you did say so? - Did say what.

Why, what the gentleman asked you? - I do not know, as I stand charged upon oath, but I might.

That nobody should hurt him? - No, not that.

Then, after that, I do not ask what he said, I ask a fact? - He went up stairs, and went to the elbow chair, apparently; and the bottom of the canvas was broke; and in the horse hair of the seat of the chair, was this key hid; and when he brought the key out, he said, there is the key of the stable; and where is the stable? says I.

Prisoner's Counsel. What he said, is certainly not evidence, after this promise, only that he gave him the key.

Mr. Garrow. Do you mean to say,

that upon your recollection, you said any thing to this man, that coaxed him? - No further, than it might be better for him.

Mr. Garrow. Then, do not tell me any thing he said? - I went to some stables in Reeve's mews; the stable next to the cistern.

Did you find that the key which the prisoner gave you, opened the stable door next the cistern? - Yes, it did; then I went to the upper end of the stable, under a manger; there I found first some loose straw, apparently to me, left at the bottom carelessly; then I found some bricks laid over, as if it was almost intirely paved; for even the chinks of the bricks were filled full of dirt and rubbish; I took up some bricks, and scratched a little, and there I found a bit of the plate first; and there I found four snuff boxes, some medals, a silver pint pot; I have not had the things; Mr. Hougham and the Alderman, I believe, took them away; they were sealed though; I searched his person at the watch-house, after I had been at the stable; there I found five guineas in gold, two half guineas, eleven shillings and six-pence, and a half crown piece.

Did you find any thing else? - A silver watch.

Prisoner's Counsel. You got at the key, by your promise that it might be better for him? - That might induce him; I am pretty confident I did say so.

JOHN TOWNSEND sworn.

Mr. Knapp. I believe you went down somewhere in the country, to apprehend one of the prisoners? - I went by the request of Alderman Anderson together with Sir Sampson Wright, to apprehend Partington; I got down there on the Thursday morning; I think it was in this month; it was after Cave was taken into custody; there was a warrant sent down from the office, to the mayor of Liverpool, before I went off; and that got down there a day or two before I got there; I got down on the Thursday morning, and went to the mayor, to know if any thing had been done with respect to the warrant that was sent down; and I found that it was agreed by the constable and coachman, to have him in custody that very afternoon; and I waited about a mile and a half from Liverpool, where I found him in a coach; I conveyed him to the watch-house; in the watch-house I perceived something in his breeches; and I thought the coachman had not searched him very strictly; I searched him myself; and I found this phosphorous box; I found it in the inside of his breeches; we went the next day before the mayor; and in the mayor's presence, the money, forty-four guineas and a half, and a pocket book, were delivered up to me in the presence of the prisoner; and the mayor asked him in my presence, whether that pocket book, together with two keys, and the forty-four guineas and a half in a purse, were all his property? and he there, before the mayor, voluntarily said, they were all his; the pocket book was opened at Liverpool; I saw the contents; there was a card which was wrote upon; this is the pocket book; it is now in the state it was delivered to me; Mr. Hougham had it; I then brought him to London; and at the examination before Sir Sampson Wright -

Prisoner's Counsel. Were his examinations taken in writing? - I fancy not.

Was that which was said before the magistrate at Liverpool, taken down in writing? - Certainly not; at the last examination before Sir Sampson, Sir Sampson ordered that the keys might be tried to the boxes; and I tried them; and these two keys that were found on the prisoner, one of them opens the box exactly; the blue box which was before the magistrate; I heard Partington confess it was his box; he was asked if it was his box? and he said it was his; and he said, with all the contents in it; that box is here with it's contents; the other box we could not open, because there was a key broke in the lock.

Did you see his coat taken off at any

time? - I searched his coat; and I pulled out the very pocket where the ink was; that coat is here.

Prisoner's Counsel. Is the coachman here, that took the man? - No.

Then all you know, is that you found Partington at Liverpool, in custody of a coachman? - Yes.

And you found two keys upon him, one of which opened the box? - Yes.

RICHARD ARNETT sworn.

I am book-keeper at the Axe inn, Aldermanbury.

Look at these two boxes, and tell me whether you received them from any body, and whether you gave this card to any body? - Yes.

Who did you deliver that card to? - To a man that brought these two boxes here on Friday night.

What was to be done with these two boxes? - They were to go down to Liverpool, according to the directions: I do not know who brought them to me, but I am sure I gave this receipt on the card, to the person who brought them; they continued in my custody unopened, till the officers from Bow-street came, and opened them in my presence; Mr. Macmanus was the officer.

Prisoners Counsel. You delivered that card to some man whom you do not know? - I do not know him.

Are you the only book keeper there? - The only one.

PATRICK MACKMANUS sworn.

I went to the Axe inn, Aldermanbury, to examine the boxes, on the 26th of September; they were produced to me by the last witness; I opened them in his presence.

Were the things that are now in them, all in them then? - Yes, and more things.

What things were in them then, that are not in them now? - Several articles of wearing apparel, for the prisoner's own use.

How came he to take those things? - He said he was in distress for them, and wished to have them, and I asked Sir Sampson Wright, and he desired by all means to let him have what he wanted; there were things in both the boxes, and he claimed both the boxes as his; they were delivered to him by me.

Do you remember any brass ink stand, being found in any of these boxes? - Yes.

Have you got that? - Yes, I forgot to put it into its place, and the gentleman who was with me, said you have left this out; well, says I, I will keep this, and he shall have it; I shewed that ink stand to him, and he said it was his; in the blue box I found a parcel sealed up.

Court. I think as these boxes were allowed to be his, it does not signify which of them? - In the blue box there is a ticket; the key was broke in this lock, and I took and broke it open by the hinges; at the bottom of this box, after going through all the wearing apparel, I found a pair of silver tea tongs, close to that was a pair of new silk stockings, and close to that was a pair of plain cotton stockings, rolled up, as if they came from a washer-woman; I undid them, and at the bottom of one of the feet of these stockings, I found a ring; I was told it was a diamond ring, it is in this bundle; this bundle is in the same state in which I delivered it; all the things in this bundle were found in the blue box.

Was you present when the prisoner was examined, and when his coat was taken off? - Yes, I took it off myself; I saw the pocket with the ink mark; the coat is here.

Prisoners Counsel. The prisoner Partington was not present when you searched the boxes? - No.

Mr. Garrow. Was it ever stated in his hearing what things were found in the boxes? - Yes, he said he knew nothing at all about them.

GEORGE CLARKE sworn.

I keep the Two Chairmen, in David-street,

Berkley-square; I knew the two prisoners, and Lasceter; they lodged at my house; Partington from the 16th of September to the 25th of September, he lodged with me; Cave lodged with me about three months; Lasceter slept now and then a night by chance; not my constant lodger.

Did they sleep at your house about the 20th of September? - Cave did, but Partington did not.

On the 21st of September did they sleep at your house? - They did not, neither of them.

Were they there any part of the evening? - They were there till between six and seven.

What where they about? - I cannot say, I was not with them; I saw Cave the next day, on the Tuesday.

When did you see Partington again? - Not till the Wednesday.

When you saw them next, what did you observe? - Nothing at all, but as usual, their coming to their lodging; Cave was taken the 26th, in my house.

Look at this letter, and state to the Court and the Jury, whether that arrived at your house by the post? - Yes, it did, on the 27th.

Prisoner's Counsel. Many coachmen lodge at your house? - Yes.

How many other coachmen lodged there? - No other, at that time.

Do you keep a book, when your lodgers come in and go out? - I do not.

What time do you shut up? - Always at eleven.

Therefore if you are gone to bed you do not let them in, if they do not come in time? - No.

And they go to bed when they like, at seven or eight? - To be sure.

You do not know exactly, I suppose, every day they lay out of your house? - I do not, indeed.

And you observed nothing particular the next day, when you saw Cave? - No, I did not.

You do not make their beds? - No.

What time do you get up in a morning? - Between six and seven.

Sometimes your lodgers get up before you? - Sometimes before, and sometimes after.

ELIZABETH THOMPSON sworn.

I know the two prisoners, and Lasceter; I am servant to Mr. Clarke.

Do you recollect whether they lodged at your master's house on the 21st of September? - Yes.

Did they sleep there that night, on the Monday night? - No.

Have you seen them there often in company together? - Yes.

Prisoner's Counsel. You do not recollect every man that sleeps out? - No.

EDWARD LASCETER sworn.

I was groom and postillion to Mr. Alderman Anderson seventeen months; I left him about ten or eleven weeks ago; I came the 17th of March, 1788.

Do you remember the prisoner Partington living with your master? - Yes, he was coachman; he lived there about fourteen months, he went away first about three weeks before me.

Do you know the prisoner Cave? - Yes, I got acquainted with him by lodging at a publick-house, before I came to the Alderman, the Two Chairmen, in South Bruton Mews, not the house kept by Clarke.

When first had you any conversation with any body respecting the breaking into the Alderman's house? - On the Sunday night as the robbery was done on the Monday night.

Where had you that conversation? - At a publick-house; I supped at the Alderman's that night, and went away between eight and nine to my lodgings; John Cave and Partington were at my lodgings; then we went to the publick-house in Old-street, the Rodney's-head, they were both together, and one of them told me they had tried to get into the Alderman's house that night; Cave went down into the yard first, intending to get into the stable, and Mr. Lathwick disturbed him, and asked him

what he wanted there, and he told him he was doing his business, and Mr. Lathwick came out and shut the gate; then they asked me if I would do it the next night; I said I was going into the country, I was not willing; then the coachman pulled out of his pocket a little brown box with a candle and some matches, such a box as that; he pulled the cork out of the bottle, and blew into the bottle, and lighted the match, and then his candle: (the box shewn him) I believe this is the box; they asked me again to go with them; we drank together, and I agreed to go with them to rob the Alderman's house; and we parted from there that night; I do not know what time we parted; I was to meet Partington again next morning, at the first publick-house, the right hand side in Oxford-road; I went and met him, and we went from there to Clarke's house, to find Cave, and when we came there he was not there: we went to the stable; we knew where to find him; we went to the publick-house, and had two pints of beer; he came over to us; then we went to the cooks-shop and dined; and we went to another publick-house, and had some beer; and we were to meet at the Two Chairmen in David-street again in the evening; I am not sure what time it was; I think about five in the evening, there we met; we went to cards there some time, with a baker; then Partington went up stairs to the bed room, and took a plumbers hammer; and we came away from there between six and seven, right into Aldersgate-street; the hammer was to break open the doors; we went by the gates once or twice, and then Partington went in; the gates were shut to, they were not fastened, that is the gate of the yard; it belonged to some butchers and coachmen; that must be about eight in the evening; then he went down and broke a pane of glass of the window, and opened the stable window, put down the bar, and opened the window, and got in; and sometime afterwards he let us in at the Alderman's coach house door; then we went from there up into the hay loft, and we abided there till near one in the morning; then we went from there on the leads, a kind of summer house, and got the ladder, and got down off the leads into the garden, then we put down the ladder into the area, out of the garden, and they two got down and got a light from Partington's little box, then they screwed away with a chissel, where the bolt was, and a plumbers hammer into the area door, that was the door that comes out of the kitchen into the area, and got into the passage of the kitchen; I continued above at that time; then they opened the door, and I went down; then they went to the Alderman's dressing room, and shut the door, and told me to abide in the passage; they bought a candle before they went to the house, but I am not sure whether they used that, or whether they got one of the Alderman's candles; they left me in the passage and told me to abide there; when they got to the Alderman's dressing room, they continued there about an hour; then they came out again; then they went from there down into the butler's pantry and shut the door, and told me to abide in the passage again; and they were there near about an hour longer; then they came out and put out the candle, and I went-up the ladder first, and Cave came up afterwards, then Partington came up last, and gave me two candlesticks; we had some small beer in the house; I asked Partington what he had taken those two candlesticks for; and he said he had taken all he could find; I did not mean any thing by the question, only I asked him; I thought they were silver candlesticks; then we went from there; and Cave told me they had got a fifty pound bank note, and a ring, and he shewed me the ring; and I told him I believed it was my master's picture upon it; it was a gold ring, and stones round the edge of it; the picture was like a man's head.

The remainder of this Trial in the next Part will be Published in a few Days.

Reference Number: t17891028-38

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 28th of OCTOBER, 1789, and the following Days;

Being the EIGHTH 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 VIII. 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 John Cave and John Partington .

Look and see if this was the ring? - I really believe this was the ring, or some such a one; I never saw my master wear it. Then we went up the ladder again, Cave first, and Partington went up, and he let the great silver waiter tumble; and I took it up, and asked him what do you take this for, you had better take this back, I said; and he said no he would not, for that was worth all the rest; then we went into the hay loft, and they pulled some of the things out of their pockets, and Partington put his hand into his pocket, and said the ink was run out of the ink stand into his pocket; and he pulled out the ink stand and emptied it on some hay, and said it had run in his pocket; I did not see the ink stand; it was dark; then they told me to go to my lodging, and I was to call upon them the next morning, or else at five in the afternoon; I followed them, instead of going home; then I overtook them on Holborn Hill, and got along side of them; then they got into a hackney coach, somewhere by Holborn, and bid me a good night; and I went to my lodging; I did not take any thing with me; the next morning I went about eleven to the mews, and I asked for John Cave ; they said he was at work at the stable, where he was at work the day before; and he was there; and he told me that Partington was gone into the country to change the notes, and he would be back either that night or the next morning; that was the very morning of the robbery; then he told me what property he had got; he said, he had a good deal of plate, and some foreign coins, and one or two rings, and two or three snuff boxes; and he told me he had buried the plate in some stable near Grosvenor-square, which he had the key of; then we had a pint of beer together; I went from there to Clapham, and came back again to the Two Chairmen, in the evening, and Cave and I slept there that night, that was the Tuesday evening; the next morning we got up, and breakfasted, and went into Hyde Park, to see the soldiers exercise; I did not see Partington again till Thursday night; Cave and I were walking out together that day, and when we came home Partington was there at cards; and he told us, when the company was gone, that he had changed the fifty pound note, at Staines, and had two twenty pound notes for it, and ten pounds in cash; and he said that he went from there to Winchester, and agreed for a

gold watch at eight or nine guineas, and he offered them the forty-two pounds draft, and the man would not take it, because it was not indorsed at the back; then he said, he went to the bankers and got cash for the two twenty pound notes; when we went to bed he shared the money, Partington gave Cave and me twelve guineas a piece, and the rest he kept for himself, and expences in going about to turn them into cash; that was all I ever got.

How soon after this was you taken into custody? - On the Friday night.

When did you make your confession? - On the Friday night, I told the Alderman so; I described every thing else, that I have now related; then I escaped that night, and was at large for a fortnight; we three slept in one bed that night, which was Thursday night; I got up in the morning, and Partington said he should go down to Liverpool, and some relation of his at Liverpool would melt down the plate, and he was to send up a letter, as soon as possible to John Cave , at the Two Chairmen, and that upon that, either we were to send the plate, or one of us to come down with the plate to Liverpool; in the morning he got up and packed up his boxes; and then we went down to breakfast; then Partington and I was walking about all that day; he was to see Cave that day, before he went; and he asked me to go into the city with him; he went to the Two Chairmen, and got to cards again; then he asked me to go and get a hackney coach; I got one, and went with him into the city; he took two boxes, the boxes he packed up his linen in; there are the two boxes; we took them to the inn, I cannot tell what inn, in the city; the inn was shut up, and we went through a publick-house, and delivered them to a young lad of seventeen or eighteen, I should know him if I saw him, that is the person; (looks at Arnett); he gave some sort of a receipt upon it, it was a card; Partington asked when they would be there; and he said, in about two days-time; then he went away from there, and he was going off by the mail coach; I saw him go off to Liverpool; he got up in Barbican; I saw nothing more of him, till after he was in custody; I never saw him write.

Prisoners Counsel. Well, Mr. Lasceter, so having lived seventeen months with the Alderman, you was the person that committed this robbery? - Yes.

The coachman had not lived with him so long by a great deal, as you had? - No.

So you made shift to make your escape, when you was apprehended? - Yes; I thought I was not wanted any more.

You never thought of telling it, till you was apprehended? - No; I should have done it.

You should have given evidence of it, without being apprehended at all? - Yes; they asked me about it, and then I told them.

It is not usual for you to rob your masters in this manner? - It was not my fault.

How long have you been a servant? - Six or seven years.

You never saw the ring, before Partington shewed it to you? - No.

Mr. Garrow. After you had been once taken, you was at large? - Yes.

Did you go voluntarily afterwards, and make the confession? - Yes.

Not in custody, but voluntarily? - I was not in custody.

- HOUGHAM sworn.

This property was delivered to me; they are in the same state they were when delivered.

Mr. Alderman ANDERSON sworn.

Mr. Garrow. It was your misfortune to have the witness Lasceter, and Partington, for servants? - It was.

How long did the coachman live with you? - Fourteen months; the other, seventeen.

In the course of Partington's service to you, did you become acquainted with the character of his hand writing? - I did; I have seen him write several times.

Look at this letter, and tell me if it is

Partington's hand writing, from your knowledge of his writing? - I verily believe it to be the hand writing of John Partington .

The letter read, addressed to John Cave , at the two Chairmen, David-street, London.

"Friend, I would have one of you

"to come down to me; and set off from

"London on Monday next, for I have

"got all ready; and stop at the inn at

"Liverpool; if not, leave word where

"I shall find you. October the 1st, 1789.

"Liverpool."

You have at some time, probably, heard these several articles which are in the indictment, enumerated? - I have.

Did you lose all these articles at the time of the burglary? - All these, and more; that ring is mine; I am very positive to it; I have had it ten or twelve years.

Have you the smallest doubt of its being yours? - None in the world; I cannot swear so positively to the tea-tongs; but a servant of mine can; this waiter is mine, and this toast rack; this large waiter has my arms upon it; all the things that are in that box are my property, and were lost at this time.

Court. I will ask you Mr. Alderman, for form sake, the value of the whole? - Three hundred pounds, including the bank note, and the draft; there are a couple of gold boxes, which are very valuable; they cost, perhaps, a hundred and forty, or a hundred and thirty guineas.

Prisoner's Counsel. Your coachman used to sign his bills? - Yes; and his receipt for his wages; and several weekly bills for brooms, and other things; he has written some of them in my presence; and added to them, he has signed a receipt for his wages.

Because, in this letter, there is no name? - Oh, I do not go from the name, but from the hand writing, I believe it verily to be his.

(The coat, with the pocket inked, produced by Townsend.)

Mr. Garrow to Alderman Anderson. Did you lose an ink stand from your writing table? - I did, and it is there.

Prisoners. We leave it to our counsel.

The prisoner Partington called seven witnesses to his character.

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

JOHN CAVE - JOHN PARTINGTON

GUILTY , Death .

Mr. Alderman Anderson. My lord, I beg leave to recommend John Cave to his majesty's mercy ; I believe it is his first offence, and that he has been led on by the other, who is a very bad man.

Court to Cave. I dare say, long before this, your own conscience has told you how guilty a man you stand here; you must be deeply sensible, and the laws of your country, and every principle of morality and religion, must have told you that you are a man very unfit to continue here; the law has now sentenced you to death; but the humanity of Mr. Alderman Anderson does interpose in your behalf; I tell you this, not to assure you that your life will be saved; that is in the breast of his majesty; but that you may know, (whatever your sentence may be) that at least, you owe to Mr. Anderson more than you was disposed to pay him, at the time you committed upon him this dreadful depredation.

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

Reference Number: t17891028-39

779. THOMAS BERMINGHAM was indicted for stealing, on the 26th of September last, a linen shirt, value 5 s. two linen handkerchiefs, value 12 d. and a quarter of a yard of nankeen, value 2 d. the property of Peter Henstock .

PHILIP SKEGGLE sworn.

I keep a publick house in Chandos-street; I knew the prisoner and his wife; I bought this shirt of him for five shillings,

26th of last month; he said he found it in this condition, dirty.

PETER HENSTOCK sworn.

I am a servant to Bailey and Co. Cockspur-street; I found my things in the prisoner's apartments; I put a shirt, a neck-hankerchief, and pocket handkerchief, and a bit of nankeen, in the passage, in my great coat pocket; the prisoner is a porter; he was standing in the passage, and saw me do it; I went away, and returned in ten minutes, and the things were gone; they are mine.

PRISONER's DEFENCE.

I found the things at the bottom of the stone steps; I told Mr. Skeggle I had picked up a prize.

NOT GUILTY .

Court to Jury. Gentlemen, I told you, if you wished to have other witnesses examined, I would call them; this is a matter of very great consideration: nine tenths of the people that are tried here, must escape, if you expect that some person should see the crime committed; because, thieves and people capable of committing crimes, commit them in the absence of witnesses; and if property is lost, and afterwards recently found in the possession of another; that is in law, a presumptive evidence of the theft, unless the persons charged with the robbery, can prove how they came by the property; but I will call another witness.

JOHN TOWNSEND sworn.

I am one of the Bow-street officers; this gentleman came to me and Jealous, another brother officer; I know the prisoner: I was present at the searching of this man's lodging; I found part of the property there: I found this handkerchief; the prosecutor was present at the time; he directly said, that is my handkerchief, and this is a piece of my nankeen.

Jury. We cannot alter our verdict.

Court. You will let all the thieves in London escape.

Court to Prosecutor. Look at these things? - They are mine.

Prisoner. They were all in one parcel when I picked them up; I never opened them; I found them in the street, at the bottom of the stone steps.

Prosecutor. I found them in his apartment, about an hour after I lost them.

Court to Jury. Gentlemen, it is my duty to tell you what the law is, and then you will discharge your consciences upon it. The rule of law is, that if property is lost, and recently afterwards found in possession of another, who cannot give a satisfactory account of it; that is in presumption of law, an evidence of theft; now the prosecutor put these things in a coat pocket; and he saw the prisoner, who is a porter , in that very passage; an hour afterwards his lodgings were searched, and these things were found in the possession of the prisoner; and he absolutely sells a part of them: if you do expect eye-witnesses to the commission of every offence, you will have murder, robbery, and every crime pass unpunished; the nature of things will not admit of it; and men commit crimes in secret, in order to avoid punishment; and if they escape, because nobody saw them commit the fact, all our lives and properties are in danger. Gentlemen, you will consider whether you are satisfied by this account.

Jury. My lord, we wish to know whether there was not other people passing in the passage? -

Court It does not depend on this man's being in the passage, but he was in the passage, and an hour afterwards, part of the things were found in his possession; and he sells part as his own.

Jury. It is our opinion, that he is not guilty.

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

Reference Number: t17891028-40

780 ROBERT CAPON and JOHN M'GINNIS were indicted for burglariously and feloniously breaking and entering the dwelling house of Thomas Williams ,

about the hour of nine in the night, on 20th of October last, and burglariously stealing therein, a dressing glass in a mahogany frame, value 10 s. a towel, value 1 d. a cloth coat, value 3 s. a shirt, value 3 s. a gown, value 1 s. a handkerchief, value 1 d. and a tortoiseshell slider, value 3 d. his property .

THOMAS WILLIAMS sworn.

I live in Upper Newman-street, at the sign of the City of Hereford, a publick house ; this robbery was between eight and nine at night, before I went to bed; my servant, Agathy Jones, missed some things, a looking-glass, a coat, and a petticoat, and a slider, which I knew; I missed them out of my bed room; I saw the glass about three o'clock; I saw the things advertised the next day; and I saw them at Litchfield-street; they are mine.

GEORGE ALLEN sworn.

I am a constable; I and Mansfield stopped the two prisoners going to sell these things at an old iron shop in Bowl-yard, St. Giles's; it was about ten at night, on the 20th instant; they said they could not tell what was in the bundle, they had just found them; they have been in my possession ever since.

(Produced and deposed to by the prosecutor.)

PRISONER M'GINNIS's DEFENCE.

I know no more of the things, than the dead in the grave; I was in liquor, and enquiring for a lodging.

PRISONER CAPON's DEFENCE.

I found the things.

ROBERT CAPON JOHN M'GINNIS

GUILTY of stealing ,

Transported for seven years .

Court to Jury. Gentlemen, this is exactly the same as the last case; you see the consequence of going by so uncertain a rule, or no rule at all. It is much safer to adhere to the rule of law, because then you have a certain guide by which to direct your verdict; then magistrates will know on what grounds they ought to commit; and prosecutors will know on what grounds they can support a prosecution.

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

Reference Number: t17891028-41

781. OWEN LYONS was indicted for feloniously breaking and entering the dwelling house of Constantine Egan , no person then being therein, about seven in the afternoon, on the 22d of September , and feloniously stealing a metal watch, value 21 s. his property .

CONSTANTINE EGAN sworn.

I am a bricklayer , No. 3, Short's Gardens, Drury-lane ; on the 22d of last month, I lost my watch.

HANNAH EGAN sworn.

I do not know who broke the door; I found it open on Tuesday, the 22d of September; I went out between four and five, and returned between six and seven; I am not positive whether I left the house fast; it is a very bad fastening; when I returned, the watch was gone, which hung by the fire place when I went out; the watch was found at a pawn-broker's.

THOMAS MANSFIELD sworn.

I attend at Litchfield-street office; I pursued the prisoner on information; I found him at the Spread Eagle in St. Giles's: I took him into custody, and found this duplicate upon him.

Peter M'Donald called on his recognizance, and not appearing, the Court ordered his recognizance to be estreated, and the prisoner was ACQUITTED .

The Court ordered Mansfield and Egan to go to M'Donald the pawn-broker, and

bring him to Court directly. The officer returned with the pawn-broker's servant, Peter M'Donald, who said he told his master he was to be here at nine; and he said he should be time enough.

Have you brought the watch? - Yes.

The watch deposed to by the prosecutor, who was ordered to put it into his pocket; and the recognizance was ordered to be discharged.

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

Reference Number: t17891028-42

782. JAMES ROGERS was indicted for feloniously stealing, on the 27th of September , nine guineas, and two pieces of foreign silver coin, called Spanish bits, value 10 d. the goods of John Chalcraft , in the dwelling house of Edward Thompson .

JOHN CHALCRAFT sworn.

I am a servant lately come from sea; I saw the prisoner on the 27th, at Mr. Thompson's, the Marybone-inn ; I went there a little before ten, and enquired for a lodging; there were four beds in the room; I went to bed in the room; and the prisoner in the bed just opposite; I have a very great suspicion the prisoner took the money; I lost eight old guineas, and one new one, and two Spanish pieces, five-penny pieces.

Court. They are called bits, are not they? - They are not called bits, never are; I am sure they were in my pocket when I went to bed; I arose a little before six; I found my breeches in a different situation from where I left them; and the nine guineas and the two small pieces gone; the prisoner was gone before that; the two servants were in bed; I took particular notice of the prisoner; he asked me for the candle; I applied for a warrant; the prisoner was a soldier, and discharged that day; the prisoner was taken up on suspicion; and he was discharged from the office that night; he was taken up again on suspicion, and searched.

WILLIAM BLACKETER sworn.

I apprehended the prisoner on Tuesday morning, and going by the corner of Monmouth-street, I saw the prisoner buying some breeches, and I knew he had no money the night before and I gave him sixpence; I ran into the shop, and the prisoner tried to throw this bag away; I caught hold of him, and he ran away; I caught him by the hair, as his coat would not hold; and he took up the bag and held it some time; I got it from him; there were seven guineas and a half, and eight shillings.

Prosecutor. I know nothing of the purse, nor the money; but here is a new coined guinea; the two pieces are not here.

Court. Here is nothing to identify this money, nor it does not answer to the sum.

NOT GUILTY .

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

Reference Number: t17891028-43

783. THOMAS HEWETT was indicted for stealing, on the 28th of October, 1788 , one hundred and twenty feet of inch lime tree boards, value 25 s. one hundred and sixty-eight feet of three quarter inch lime boards, value 30 s. the property of John Broadwood .

A second Count, for stealing one hundred and twenty-five feet of inch lime tree boards, value 6 s. two hundred and twelve feet of three quarter inch lime tree boards, value 35 s. his property.

JOHN BROADWOOD sworn.

I am a harpsicord and piano forte maker ; I had a large quantity of lime tree boards, in a yard in Tottenham-court-road , it is a year ago; I employed the prisoner to saw it, and lately it appears I missed some, and was informed that he had sold it in my name; I cannot swear to the wood; it is partly worked up.

Court. It seems needless to go further into this; the prosecutor cannot prove the prisoner took the boards, or if he did, he cannot prove they were his.

NOT GUILTY .

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

Reference Number: t17891028-44

784. WILLIAM KING was indicted for stealing, on the 6th of October last, thirty pound weight of lead, value 3 s. belonging to John Siddons , affixed to his dwelling-house .

A second Count, for stealing on the same day, two brass cocks, value 2 s. his property.

Mrs. SIDDONS sworn.

I am wife of John Siddons ; I live in Wheeler-street ; I lost a piece of pipe belonging to my house, it was missing on Tuesday the 6th of this month; I know nothing of the prisoner.

JOHN COCKER sworn.

The house belongs to me. I do not know that is the pipe.

MARY COCKER sworn.

I saw the prisoner go into the house; I did not see him come out.

NOT GUILTY .

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

Reference Number: t17891028-45

785. DANIEL HAWLEY and WILLIAM PINNELL were indicted for stealing, on the 21st of October , a copper boiler, value 2 s. the property of John Moren .

JUDITH M'NAMARA sworn.

I am servant to the prosecutor; he is a publican in Dyot-street , the Noah's Ark: the boiler was stolen from our house; I saw it at seven at night, on the 21st of October; I missed it next morning; I saw the prisoner Pinnell there cleaning knives for dinner, and he was there after I saw it the last time; I know nothing of their stealing it; I did not see Hawley there.

GEORGE ALLEN sworn.

I am a constable: I caught these two prisoners going into an old iron shop, in Bowl-yard; I caught the little one, and the other put it down, and ran down stairs into the back kitchen; I called Mansfield: I saw them both come together to the house; they could give no account of it: it was advertised; it was Wednesday the 21st, about nine at night.

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

It is an old battered one, and a bit of the lip of the cock is wanting.

Prisoners. We were not in the house; we have no friends.

DANIEL HAWLEY , NOT GUILTY .

WILLIAM PINNELL , GUILTY .

Transported for seven years .

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

Reference Number: t17891028-46

786. JOHN EADY was indicted for stealing, on the 27th of September last, a black silk cloak, value 5 s. a white linen apron, value 6 d. the property of Mary Page ; and one cloth great coat, value 3 s. the property of Thomas Woodwell .

MARY PAGE sworn.

I live No. 111, Old-street ; I lost a black silk cloak, and an old white apron, on Sunday the 27th day of September last, about twenty minutes after eight o'clock in the morning; and a great coat of Mr. Woodwell's; I am servant to him; it was his property then; but he has since

given it to me for my little boy; the things were in a little back room joining the shop, he is a baker ; I did not miss the things till I was informed of the robbery.

WILLIAM PEACOCK sworn.

On Sunday morning, the 27th of September, between eight and nine, going along Goswell-street, I met the prisoner and another with him; the prisoner had a bundle under his coat; I suspected, and followed them; they ran; I pursued them, and the prisoner threw down this black silk cloak, apron, and great coat; I took him into custody.

Court to Mrs. Page. Was you out at that time in the morning? - I was not come down; while my little boy came down and went to light a candle, they were gone; he is not here; I left them on the back of a chair, on Sunday night.

(The things deposed to.)

PRISONER's DEFENCE.

Taking a walk in the fields, I saw ever so many boys, and they ran down a ditch; and I saw these things in Goswell-street field.

GUILTY .

Transported for seven years .

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

Reference Number: t17891028-47

787. JOHN WALTHAM was indicted for stealing, on the 19th of September last, eight pounds weight of bacon, value 5 s. the property of Stephen Silcock .

SARAH SILCOCK sworn.

I am wife of the prosecutor, he keeps a bacon shop in Swan-street, Whitechapel ; I saw the prisoner take the bacon on Saturday evening, the 19th of September; he run into the shop and took it off the counter; I pursued him, and brought him back, he was never out of my sight.

PRISONER's DEFENCE.

I was going into the Minories, and the gentlewoman laid hold of me, and picked up the bacon at a distance; I never saw the bacon; I have no father or mother.

GUILTY .

Transported for seven years .

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

Reference Number: t17891028-48

788. MARY JONES was indicted for feloniously stealing, on the 27th of October , a pair of men's leather shoes, value 3 s. the property of Archibald Read .

WILLIAM BURNETT sworn.

I am servant to Archibald Read , a shoemaker , Seven Dials; I never saw the prisoner before last Tuesday morning; I keep a shop for Mr. Read, High-street, St. Giles's ; about nine I locked the door and went up stairs, and was called down; I run down and saw the prisoner at the door, and a many people round about; I saw nothing upon her; a pair of shoes were given to me.

JAMES COX sworn.

I keep a book shop opposite; I saw the prisoner, and another woman, and a man standing by the shoes, and either the man or the woman handed the shoes down to this prisoner; she wrapped them in her apron, and crossed the way, and dropped them.

- WILLIAMS sworn.

I saw her take the shoes and drop them; I took them up.

(Deposed to.)

PRISONER's DEFENCE.

I was going from St. Giles's pound, where I sell my fruit, this man and woman

came by; I crossed the way and the shoes were dropped; I am very innocent.

GUILTY .

Imprisoned two years .

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

Reference Number: t17891028-49

789. MARTHA BATES was indicted for stealing, on the 19th of October , a child's linen shift, value 2 s. the property of George Pratt .

(The case was opened by Mr. Knowlys.)

GEORGE PRATT sworn.

I live in Portpool-lane, Gray's inn-lane; I lost my little girl on the 15th of October, she is between eight and nine; this is the child; I sent her to school the 15th, in the morning; I am quite certain she had a shift on; she was brought to me on the 20th, by Thomas Lambert , the beadle of the parish.

THOMAS FEATHERSTONE sworn.

I am master of St. Margaret's workhouse; I received the prisoner into our work-house, with this child as her own, with a pass from the parish of St. Mary, Islington; she produced the pass; I knew her before, but I never knew she had a child; she swore it was her own; it had no shift on.

CATHERINE LOWE sworn.

I was one of the poor of St. Margaret's, I saw the prisoner on the 19th, she had a child with her; this is the child; it had no shift on at all; she said it was her own child; I found two duplicates in her pockets, in her huswife; Mr. Lambert has one, and I believe she tore the other.

(Produced by Lambert.)

I am one of the officers of St. John's, Westminster; I had it from the master of the work house.

Catherine Lowe . This is the duplicate I took from the prisoner.

Lambert. With great difficulty I found out the man; he was in tears for his child.

THOMAS WELLS sworn.

I am a pawn broker; I know the prisoner; I took a shift of her the 19th; this child was with her; I am positive to the prisoner, though I never saw her before.

(The shift deposed to.)

Prosecutor. There is no mark on it, but the woman who made it is here.

ELEANOR M'GINNIS sworn.

This is the shift I made for the child; I know my own work, and my child put in one of the sleeves wrong.

Prisoner. I beg the mercy of the Court, and to go to Botany Bay.

GUILTY .

Transported for seven years .

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

Reference Number: t17891028-50

790. PETER MILLS was indicted for stealing, on the 21st of July last, a plane, called a long plane, value 3 s. the property of Henry Roberts .

HENRY ROBERTS sworn.

I lost a long plane the 21st of July, as I believe, out of Lower Sloane-street, Chelsea , from the house where I was at work; the duplicates were found in the chest.

NOT GUILTY .

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

Reference Number: t17891028-51

791. The said PETER MILLS was again indicted for stealing, on the 2d of

July last, a saw, called a hand saw, value 2 s. the property of William Bull .

WILLIAM BULL sworn.

I lost a tenant saw, and was informed of the prisoner; I found the duplicate, and the saw at a pawn-broker's; I called on the pawn broker this morning; he said he was not bound over.

NOT GUILTY .

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

Reference Number: t17891028-52

792. GEORGE M'ENZIE was indicted for stealing, on the 25th of September last, four pair of leather shoes, value 16 s. the property of John Waller ; and MARGARET M'DONALD was indicted for feloniously receiving on the same day, the same goods, knowing them to have been feloniously stolen .

The parties called, and not appearing, their recognizances were ordered to be estreated, and the prisoners were ACQUITTED .

The recognizance was afterwards, on application of the parties, discharged.

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

Reference Number: t17891028-53

793. GUY MURRAY was indicted for stealing, on the 28th of October , a pannel saw, value 1 s. the property of George Brown .

George Brown called on his recognizance, and not appearing, the recognizance was ordered to be estreated, and the prisoner was ACQUITTED .

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

Reference Number: t17891028-54

794. JOSEPH WEBB was indicted for feloniously assaulting in a certain field, and open place, near the king's highway, Mary, wife of William Smith , putting her in fear, and taking from her person, and against her will, a linen handkerchief, value 2 d. and four shillings, her monies .

(The witnesses examined separate.)

MARY SMITH sworn.

I am wife of William Smith ; he is a sailor; I was robbed in Hyde Park ; I was walking at the top of Oxford-road; Sarah Harris was with me; I have been an unfortunate girl of the town three months; it was a quarter past eight at night, on the 13th of October; I have been a married wife three years; I was on St. James's side of the street, as you go down Park-lane; the prisoner came to me, and said, will you go along with me? I will give you a shilling; he said, not far; and I went with him into Hyde Park; there was another soldier with him; he went with Sarah Harris ; when we came into Hyde Park, the prisoner bid them go farther; and as soon as they were gone, he knocked me down; and he said, give me your money? I said, I have no money; he put his right hand before my mouth, and put his left hand into my pocket; and took out four shillings and a pocket handkerchief; afterwards, when he took his hand from my mouth, I cried murder; and he said, if I cried murder any more, he would run his knife through me; I called murder several times, and he ran away; he was going to take my bonnet; he had it in his hand, but he threw it down; and when assistance came, he ran away.

Who came? - The patrol came over the wall; they took the other man; I have spoke the truth.

Mr. Knapp, Prisoner's Counsel. Where was you married? - I was married at Stratford upon Avon, in Warwickshire, three years, come next Christmas; I have been an unfortunate girl of the town three months.

Was not it dark? - Yes.

How many persons were there by you, at the time when he came up to you? - Only this girl, and the other soldier; the other soldier came with him.

Then, you agreed together to go into Hyde Park? - Yes; he gave me no shilling.

You agreed to go with him, on consideration of his giving you a shilling? - Yes.

Did the other man come to your assistance, when you cried murder? - No; they neither of them came, till such times as the patroll came over the wall; he took my bonnet from my head, and threw it down again; he took my four shillings, and my old pocket handkerchief; I had no more money in the world.

How late did you know what money you had in your pocket? - I had it from another gentlemen not half an hour before; I had the money, and put it into my pocket, as soon as I left the other gentleman.

This money was loose in your pocket? - Yes.

You was down on the ground? - Yes, because he knocked me down.

How often did you cry out murder? - I cannot tell whether it was five or six times.

And though there was a man and woman in your company, that had gone a few yards from you, nobody heard you, or came to your assistance? - No one came, till the patrolls came.

Upon your oath, did not you receive from that man a shilling, which he promised to give you? - No, Sir, I had not a farthing from him, or any body else, but the gentleman I had been with, from whom I had four shillings.

At the time this man came up, how came you to be so positive in knowing what money you had in your pocket? - Because I had it from the other gentleman, four shillings.

It was dark, I suppose? - Yes; it was after night, before ever I saw the other gentleman.

How long was you crying out murder? - I cannot tell you how many minutes; we were but just a quarter or an hour in the park.

Did you ever recover your money again? - No, Sir.

How long afterwards did you charge this man? - He was not taken till the next morning; the other man that was in company with him, told of him at the Justice's.

Court. Could you know the man again? - Yes, Sir; that is the man; I knew him the next day at the Justice's; he was dressed in the same clothes he has on now.

Mr. Knapp. Was not you told now, before you went to the office, that there was a person in custody, that it was supposed had robbed you? - No, Sir, I was not.

Was not you told in your way, going to the office, what you was going for? - No, Sir, we were not; we were going to appear against the other man; I did not know this man was there, till I saw him at the Justice's.

What became of the other man? - He was taken to the watch-house with us; he was kept in the watch-house all night.

It was perfectly dark? - Yes.

Had you ever seen this man before? - No; but I can swear to the same man.

Court. What did you mean by being taken up? - We were all taken together in the Park.

Which of you went into Hyde Park first, you or Sarah Harris ? - Me; I went into Hyde Park first; I walked with this man.

How did Sarah Harris walk? - I cannot tell; they were behind me.

In what part of the Park was it you was knocked down? - We went to the corner of the wall; it is broke down level with the ground; we was not got as far as the rails, where the gentlemen ride their horses round.

Mr. Knapp. Have you never heard there is any reward, if you convict this man? - No, Sir; I have been at Clerkenwell

ever since; I can take my oath, that never by any person whatever, I was so told; I never heard of any reward, till now; not till you mentioned it now.

SARAH HARRIS sworn.

How old are you? - Eighteen.

Was you with Mary Smith on the 13th of October, in Oxford-street? - Yes.

What time was it? - About a quarter after eight.

How long had you been with her before? - About the value of half an hour.

Did any body come up to you? - Yes, James Webb ; he is a soldier.

Did you know him before? - No, Sir.

Did any other person come in company with him? - Yes, Joseph Webb .

Did you know him before? - No.

Do you know him now? - Yes, when I see him; that is the man; I did not say any thing to him; he asked Mary Smith to go with him; we went together; and we parted, when we got into the Park.

Who went into the Park first? - Mary Smith and Joseph Webb .

How long did you continue together in the Park? - About the value of ten minutes.

Did you separate after that? - Yes; James Webb desired it.

What did James Webb say? - He asked me to go with him from them.

Did you hear Joseph Webb say any thing? - Joseph Webb said we were not to be together, and so then we parted.

How far did you go from Mary Smith ? - About the value of twenty yards.

Did you hear any noise? - I heard the cry of murder.

Did not you go up? - No, not directly.

Why not? - Because James Webb said he did not think the prisoner would hurt her; as we were going up, the patrolls met us, and took us also; then Mary Smith said she had been robbed.

Was the prisoner there? - No; he was gone.

Mr. Knapp. In Oxford-street, when this man came up to you, it was a quarter past eight o'clock? - It was a quarter past eight the patrolls took us.

What time did they come up to you in the street? - I cannot tell.

Was it dark? - Yes, it was dark, duskish.

Who proposed you should separate? - Joseph Webb .

How far apart were you? - We went better than twenty yards off; I cannot tell justly how far; it was near the turnpike gate; it was above the walnut trees.

Did you hear Mary Smith cry out? - Yes; I heard her cry out murder several times.

How long was she crying out murder? - It might be the value of ten minutes.

You did not come to assist her? - No; we were coming up to Mary Smith , to go out together out of the Park; we went to Bow-street the next morning; and then we were committed to prison.

When the patroll got over the wall, and came to you, did not you all go to the watch-house together? - We went into the turnpike; we went no where else.

Was not you in custody at the turnpike? - Yes, taken by the patroll, all of us.

You went to Bow-street, knowing that there was a person charged with robbing Mary Smith ? - Yes.

CHRISTOPHER CRIDLAND sworn.

I am a patroll; on the 13th of this month, between eight and nine, I returned from the Kilburn road, and came to Tyburn-turnpike; and I heard a person crying out in the Park, murder, very much, very loud, and often; I had then two soldiers in custody at the time, that I had taken on the other road; I suppose I heard the cry five minutes; I then desired one of my comrades to take the two men I had in custody, into the toil-house, and stay till I returned; and I and one of my partners went over the wall to the place; and I saw the two girls and a man together; I asked them what was the matter? and Mary Smith said she had been very

ill used, and robbed, by a man that was run away.

Did she appear to be ill used? - She seemed to be very much frightened.

Did you see any body run away? - No.

Did you observe whether she had a bonnet on or no, at that time? - No, not then; but at the toll-house, I saw her have a bonnet.

Did her clothes appear rumpled and disturbed? - No; she was standing upright.

Had she any marks of violence upon her? - When I took her to the toll-house, she shewed me her arm, which was very black; I saw no other mark of violence about her.

Did her head dress appear much tumbled? - No; I did not take any notice of her hair being rumpled, or her her clothes rumpled, only she shewed her arm; she said she had been knocked down; they were all together; and the woman, Smith, was saying, why did not you come to my assistance.

Who was the man that you saw with this woman at that time? - He is at the door, belonging to the same company and barracks as the prisoner.

Before you said any thing to Mary Smith at all, did she complain of having been treated ill, and robbed? - I immediately asked them, and she made me that reply, that she had been very ill used by a man that was run away, and robbed her of four shillings and her pocket handkerchief.

What sort of an appearance had these bruises on her arm? - Why, it appeared that some person had clinched her round; she said she had a mark on her breast, but I did not ask her to shew me that, because there were many people in the turnpike-house.

She seemed to be much agitated? - She did indeed; she was very much terrified.

Did you know the prosecutrix before? - No; I never saw either of the girls, to the best of my knowledge.

They appeared to you to be common prostitutes? - I knew that by their own discourse; I asked them what business they had in the Park at that time? and they said they went with the men; the next morning, I went and fetched this prisoner out of the barracks.

Did the women themselves, give you any account of the man at that time? - They said he was a very tall man, and appeared to them as a gentleman.

You got your intelligence from the other soldier? - Yes.

JAMES WEBB sworn.

I am not the brother of the prisoner; he and me were coming up Oxford-road, when Mary Smith attacked Joseph Webb , and asked him to go into her parlour, Mary Haris and me went into her parlour, which was Hyde Park, then this Harris and me were together a few minutes; when we heard her making a great noise, says the girl to me, I am afraid she is picking Webb's pocket; says she, I know she is a d - d thief, for she picked a life guardsman's pocket of some silver a few nights ago; I heard some noise; I did not hear her cry murder.

Court to Sarah Harris . Did you say so to the last witness? - Yes, I did.

Prisoner. I leave it to my counsel; I have a person to prove this prosecutrix's character.

NOT GUILTY .

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

Reference Number: t17891028-55

795. JOHN HEAN was indicted, for that he, on the 22d of October , one gelding, price 15 l. the property of our sovereign lord the king , unlawfully, wilfully, maliciously, and feloniously, did maim and wound .

A second Count, for feloniously wounding it.

Court to Jury. Gentlemen, this is not an offence within the meaning of the statute; the offence is maiming a horse out of malice to the master of the horse; malice to the animal is not the offence; there must be an intent to injure the owner of the property.

NOT GUILTY .

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

Reference Number: t17891028-56

796. SARAH WOOLLEY and ANN WHITE were indicted for feloniously stealing, on the 9th of October , four yards of printed cotton, value 8 s. the property of Joseph King and Robert Cottle , privily in their shop .

(The witnesses examined separate.)

ROBERT COTTLE sworn.

I am a linen draper ; my partner's name is Joseph King; on Friday, the 9th of October, the two prisoners came into my shop; I was alone: they came in together, and conversed as they came in; Sarah Woolley asked for a remnant of printed cotton; I told her I had not a remnant of the quantity she asked for, but I would cut her some from the piece; she then desired me to shew her some; I shewed her about four pieces of printed cotton; at that time, my servant, Samuel Goff came into the shop; I called him behind the counter, and desired him to serve her, which he did; and I returned to my other business; after I had left them about one minute, my shopman, Goff, cried out R. F. which is a by-word for any shopman that discovers any robbery; that alarmed me; I came and stood by him; the prisoners seemed very troublesome; they seemed equally busy, and asked one another which they liked; and fixed on a piece, which I ordered to be cut at prime cost, in order to get rid of them; I did not like them; it was cut by Goff; I told the prisoners it came to two shillings and seven-pence halfpenny; it was a yard and a half at twenty one pence; Sarah Woolley gave me three shillings; I was giving her change, when I observed Ann White stoop to the ground; I asked her if she had dropped any thing? she smiled, and said, no; I then gave the prisoner, Sarah Woolley , the four-pence halfpenny; and I observed Ann White 's right hand was in her pocket hole; and there appeared a bulk near her right hip; they then went out of the shop; while they were walking away, I sent Goff out after them; and while he was gone, I walked round the counter, to see what they could have taken most handily: my servant, Samuel Goff , then returned with the two prisoners; I told Ann White I suspected she had robbed me; the bulk did not appear so large then; and while I was sending for a constable, I perceived a piece of cotton laying on her shoe; it was under her petticoats, and on her shoe; I took it up; it was wet and muddy; it was four yards and a half of printed cotton; the streets were dirty at that time: I sent for a constable, and took them before the lord mayor: I could not see it drop; I did not at that time, observe I had missed any printed cotton; but I had shewed it a few minutes before to a customer; my private mark is upon it, E. S. in my hand writing; I am sure I had not sold such a piece; I had seen it not five minutes before.

Court. What would this piece have sold for? - About eight shillings and sixpence.

How long had you had it? - About seven months.

Court. I suppose you had no doubt at this time, when she stooped down, but she stole it then? - I did not know what she stooped for; but I then conceived her to be a shoplifter.

SAMUEL GOFF sworn.

I had been into Cheapside; when I returned, there were only these two women and Mr. Cottle in the shop; he told me to come round and shew some prints, about twenty-pence a yard; I shewed some to them both; they both conversed; and while I was shewing them, the tall woman had got a remnant of printed cotton that was on the counter, rolled up ready to put under her cloak; then I said to Mr. Cottle, R. F. and he came and stood by, and said, here is a print they have bid the cost price for; and I cut a yard and a half, at twenty one pence; she gave him three shillings, and he gave her four-pence halfpenny; the short one, White, stooped down with her hands through her pocket holes.

Do not you think she took the property

at that time? - Yes; Mr. Cottle asked her if she dropped any thing; she said, no, Sir; then they went out of the shop; she had her hands through her pocket hole; Mr. Cottle sent me after them; I followed them twenty yards in the street; and then I brought her back; her hand was through her pocket hole at the time; when I came into the shop, there was nothing on the counter; Mr. Cottle asked her if she had not taken some things off the counter? she said, no; he bid me fetch a constable, and then I saw Mr. Cottle pick up the cotton, partly from under her petticoats; it was on the floor, and all dirty with the marks of her feet; the constable has had it in his care ever since.

- GOLDSMITH sworn.

Produces the piece of cotton, which was deposed to by the prosecutor.

PRISONER WOOLLEY's DEFENCE.

I went into the gentleman's shop to buy a yard and a half of cotton; I agreed for it, and paid him for it, and came out of the shop about five or six doors; he brought us back, and Mr. Cottle said that she wanted to drop something; and there was a piece of cotton laying on the floor, and he said that was the piece he supposed she wanted to drop.

PRISONER WHITE's DEFENCE.

I went in with this young woman as she has said; and we were fetched back; I went back; this piece of cotton was laying on the floor when I went back; Mr. Cottle searched me; this piece of cotton lay about a yard from the floor.

Court to Mr. Cottle. Do you say with certainty, that when the women went out of the shop, there was nothing on the floor? - I do; I made an observation.

You never searched her, nor touched her at all? - Neither of them, otherwise than that she came up to me, and begged me not to do any thing to her, and took hold of my hand; I disentangled myself of course.

BOTH GUILTY of stealing to the value of four shillings and six-pence ,

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17891028-57

797. GEORGE SHIRLEY was indicted for stealing, on the 3d of October , thirty-seven pounds weight of beef, value 10 s. the property of Benjamin Cross .

BENJAMIN CROSS sworn.

I am a butcher in Leadenhall-market ; I lost thirty seven pounds weight of beef; I know nothing of the robbery.

WILLIAM COOK sworn.

I am a porter; I went in with one lot of beef out of the cart; it was Mr. Cross's beef; I brought it to his house in a cart; when I came back, I missed a buttock and edgebone; there were two more in the tray in the cart; we have a particular mark, by putting in a skewer in the mouse buttock side, and the cut of it: I was not four minutes absent from the cart; I saw it in the hands of Chapman first, after I missed it.

JAMES BULL sworn.

I am a constable in Lime-street ward; the prisoner was brought to the watch-house about three in the morning.

EDWARD CHAPMAN sworn.

I am a butcher; I was coming into the market on Saturday morning; I saw the prisoner with a buttock and edgebone of beef on his head; I asked him what he had got there, and where he was going with it? he said to Whitechapel; I asked him where he got it? he said he found it; I took him and the beef to Leadenhall-market,

and gave it and the man to Mr. Cooke.

James Bull . The observation I made when the beef was put into my custody, was, the cloth it was wrapped in, nor the meat, were neither soiled nor dirtied in the least, though the street was very wet and dirty.

PRISONER's DEFENCE.

I am a weaver; I was employed early in the morning to carry oysters, or any thing else I could get to do; my mistress is here to give me a character.

MARY EYRES sworn.

I have known him between eight and nine years; he has worked for me seven years; he has a wife and children; he always behaved very honest to me.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17891028-58

798. JAMES DAVIS was indicted for stealing, on the 17th of October , twenty-eight pounds weight of raw sugar, value 13 s. the property of Richard Taylor .

RICHARD TAYLOR sworn.

I am a gangsman ; there were seven more besides myself on Smart's Key , where the sugars were; we are responsible for them; on the 17th of October, between seven and eight in the evening, the clerk informed me that there was a hogshead broke open.

CHARLES WOOD sworn.

I am the watchman; on Saturday, I saw a number of people more than usual at that time of the evening; I saw the prisoner coming from the cask under the piazza's; I had a candle and lanthorn; I saw him very plain, and took him; I found his hands and jacket all over sugar; I then found a bag full of sugar, and his jacket upon the cask of sugar; we had a great quantity of sugar under the piazza; and I am certain there were no other gangs-men had any sugars there.

CHARLES HUNTER sworn.

I am a constable; I took charge of the prisoner.

PRISONER's DEFENCE.

I was coming along; that gentleman took me, and no other person; I was at Peter's Wharf, over the water; I am a seafaring lad; I had been taking in sugars for Captain Scott, at Hull; the name of the vessel is the John and Susannah; my witnesses were here yesterday.

GUILTY .

Whipped .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17891028-59

799. JAMES LUCAS and THOMAS CRAWLEY were indicted for stealing, on the 21st of September last, sixty pound weight of lead, value 7 s, belonging to George Evison Tapps , Esq. and affixed to a certain building belonging to him .

(The case opened by Mr. Knapp.)

JOSIAH SMITH sworn.

I know the two prisoners by sight; I saw them the 21st or 22d of September, between four and five, or about five, I observed two men from a window where I lodge, No. 15, Quebec-street, taking off some lead from an unfinished house in the Circus; I knew them by sight: I can only speak to one of the prisoners, which is James Lucas , his jacket and apron, and every thing correspond: I saw one take a hammer and wrench some of the lead off the gutter, and sold it upon the parapet wall; they appeared to me to put it into the garret window; I saw no more at that time: about five minutes after I saw him on the ground, in the Circus, and in about half after six I saw one at the watch-house.

Court. Are you sure Lucas was one of them? - I can only speak as to his dress; he had a kind of flannel like jacket, white, and a canvass apron, like, and a round hat; I knew his person again when I saw him; he had the same dress on.

Did you know him to be the same man, when you saw him at the watch-house? - Yes.

Do you know whose house this was? - One Mr. Esquire Tapps, so named.

Do you know of your own knowledge? - No.

Mr. Garrow, Prisoners Counsel. You from a window saw a man behind a parapet wall doing something to the roof? - Yes.

That man had the appearance of a workman, in a flannel jacket, and apron on? - Yes.

There were many workmen about that building, at that time? - Yes, there were several.

Therefore of course some of them might be very lawfully employed about that building? - Yes.

You afterwards saw the prisoner with such a jacket on, and apron, like a workman? - Yes.

He is a workman? - Yes.

Afterwards the prisoner was at the magistrates? - Yes.

And he was admitted to bail? - Yes.

And he surrendered here to take his trial? - Yes.

Now I do not understand you to swear to this man positively, behind the parapet wall? - This person was on the back front of the house, doing something to the garret windows; he went from that house.

Do you mean to swear more to Lucas, than by the circumstance you set out with fairly and honestly, that he had the same sort of dress with the man ripping the lead? - That is all I can say.

Was you in the coach the next day, going to the magistrates? - Yes.

Did not you say then, that Lucas was not the man you had seen behind the parapet, or that if he was he had changed his dress? - I did not say any such thing.

RICHARD WAGSTAFF sworn.

I apprehended the prisoner, I cannot tell the day; I took both of them; they were in company with the other, who ran away.

Mr. Garrow. Another man had something, and he ran away.

JOHN ROBSON sworn.

I was at the apprehending; nothing was found upon them; there was another man who had this lead; the lead is here; I have had it in my custody ever since.

Mr. Garrow. Where did you take it, in the iron shop? - Yes.

The man was there? - Yes.

Were the other men there? - They were both at the door.

BOTH NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17891028-60

800. MARY HUTCHINS was indicted for feloniously assaulting William Williams , on the king's highway, on the 16th of September last, and putting him in fear, and feloniously taking from his person, and against his will, one silver watch, value 3 l. a steel chain, value 2 s. a stone seal set in base metal, and gilt with gold, value 12 d. and one key, value 2 d. his property .

WILLIAM WILLIAMS sworn.

I have chambers, No. 15, Brownlow-street; I am a schoolmaster ; I certainly was robbed on the 15th of September, between the hours of eleven and twelve, on Wednesday night.

Court. It is very unbecoming in you, to come into court in such a condition; I do not like to examine a witness who represents himself to be a schoolmaster, and comes into Court in such a condition: tell your story with as much decency as you can? - I was going home just after eleven; just as I came to Queen's Court, Holborn , the prisoner accosted me and took hold of

my arm; now Sir, says she, will you give me a glass of gin; why no, says I, madam, I am broke down, therefore I cannot; just before I came to Queen's Court, in Holborn; another man comes up with a light coloured coat, a great deal worse than mine; he chucks me up the entry, and knocked me down on my back.

Court. I think, gentlemen of the Jury, no person who sees this man and hears him, but is satisfied that he is in a very drunken condition, and it is a shame he should come into a court of justice, however that justice may be done, I will call the other witnesses.

DENNIS DERVAN sworn.

The prisoner passed me between eleven and twelve: I am a watchman; I saw the prosecutor in Queen's Court, he was on his back.

Was he intoxicated? - Yes, I took him to be in liquor when he passed me, which was just before, the prisoner was with him; I said to the woman I believe you have robbed that man; I did not examine the woman; I brought her out of the court; I sprung my rattle; and when the watchman came to my assistance, I gave charge of the prisoner; I brought out the prosecutor; he could not speak for some time; I took them both to the watch-house, and the constable of the night searched the prisoner, and found nothing.

Did the prosecutor make any charge against the prisoner at that time? - No, he could not speak.

JACOB FREEMAN sworn.

I was constable of the night; the prosecutor had one eye sewed up, and bled very much; he charged the woman with robbing him of his watch; I searched her but found nothing; he was much in the same state then, that he is now.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17891028-61

801. ELIZABETH FUDGE was indicted for stealing, on the 2d of October , one pair of sheets, value 2 s. the property of William Harvey , in a lodging room let by him to her .

WILLIAM HARVEY sworn.

I let lodgings, a ready furnished room, at two shillings and six-pence a week, to the prisoner and her husband, as they said; when I charged them with the watchmen, they gave their names in different; then I found he was not her husband; she was but one night in the lodging; I missed one pair of linen sheets the next night; the prisoner was out of the room when I found the sheets were gone, and the man too; they came back the second day, and she begged the watchman not to take her to the watch-house and she would produce them the next day; I told her if she would tell me where they were it would be better for her, but I never saw the sheets since; I let the lodging to her as a married woman; and she said her husband was to live with her.

Court. Then there is an end of it.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17891028-62

802. JOHN CADMAN was indicted for stealing, on the 13th of October , five dead rabbits, value 5 s. one rabbit skin, value 6 d. the property of John Baretti .

John Baretti and James Barry were called on their recognizances, and not appearing, the prisoner was ACQUITTED .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17891028-63

803. WILLIAM SHAW was indicted for stealing, on the 12th of September last,

one linen sheet, value 4 s. the property of John Sole , in a certain lodging room in his dwelling-house, let by him to him .

GEORGE SOLE sworn.

I am a house-keeper , in Turnmill street, No. 14 ; I let a lodging to the prisoner, to pay two-pence a night; I let them all so; I lost a linen sheet from the bed where he lay; he came to my house the latter end of August, he continued there till the 11th of September; on the 12th we found the sheet upon him; I suspected him, and sent for a peace officer, who found the sheet in his breeches; I did not go up stairs to see whether it was missing, but I saw the sheet on his bed the day before; I knew it to be mine.

Fidler. The constable produced the sheet, which he took out of the prisoners breeches.

(The sheet deposed to.)

The prisoner told me it was Mr. Sole's sheet, and that he was going to Saffron-hill to sell it; there were no promises made him.

PRISONER's DEFENCE.

I had been out of work; I had no money; I took this sheet; I thought to pawn it for a shilling to pay my lodging that night: I was going to work on Monday morning.

GUILTY .

Whipped .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17891028-64

804. HENRY PUDNEY was indicted for stealing, on the 14th of October , one linen shirt, value 4 d. one linen shift, value 6 d. an apron, value 3 d. a cap, value 3 d. the property of William Stone .

ELIZABETH STONE sworn.

I am wife of William Stone , of Hornsey, Highgate : I lost the things in the indictment; they were taken out of our back room window, on the 14th of October; I saw them about ten minutes before they were lost; they hung on a line in the room; I saw them at the constable's.

- STROTHERS sworn.

I live next house to the prosecutor; on the alarm, I followed this lad, and caught him, and took up the bundle which I saw him drop in the ditch; that was about two hundred yards from the prosecutor's; he never was out of our sight; there were more of them; I went after them; I left the lad in care of another person.

JOHN FARRINGTON sworn.

I picked up the bundle; the prisoner shewed me where it was, when I stopped him; he told me if I would forgive him, he would tell me where the bundle was: I delivered it to Cooper the constable.

(The things produced and deposed to.)

THOMAS COOPER sworn.

This the bundle.

Prisoner. I have nothing to say; my father and mother does not know where I am.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17891028-65

805. ANN CRAMP was indicted for stealing, on the 12th of October , a feather bolster, value 5 s. an iron pot, value 2 s. and ten pounds weight of feathers, value 8 s. the property of Eleanor Buckley , in a lodging room .

ELEANOR BUCKLEY sworn.

I live in Hampshire-hog-yard, St. Giles's ; the prisoner lived with me some time, at two shillings a week; the things in the indictment were part of the furniture of the lodgings; I missed the bolster on Monday fortnight, and Saturday fortnight, the pot; I saw her take the pot; she said she was going for water, and she sold it; I caught her in a publick house; she had been gone about two hours.

JOHN CONNER sworn.

I am a taylor; I told her to tell me where the pot was, and I would fetch it; I did not say it would be better for her; she said it was at Mr. Skinner's, a broker's, and she left it there that day; that was on a Saturday; I found the pot at the broker's; it is not here.

Prosecutrix. I saw this iron pot at the broker's; it is there now; I am sure it was mine; there was a little bit of the hook broke; the broker would not let me have it, unless I bought it back again; I told him to come here.

PRISONER's DEFENCE.

It is a two-penny lodging; I know nothing of taking the things.

GUILTY .

Imprisoned for six months .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17891028-66

806. JAMES MURRAY was indicted for stealing, on the 12th day of October , five window casements made of iron and lead, value 5 s. the property of Thomas Cairnes .

THOMAS CAIRNES sworn.

I am a cooper ; this property belongs to me; but the witness who saw him take them, is not here.

ACQUITTED .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17891028-67

807. ANN GRIFFITHS was indicted for stealing, on the 30th day of October ,

twenty-eight yards of printed callico, value 3 l. the property of Godfrey Hill and Samuel Tinecoat , in their dwelling house .

GODFREY HILL sworn.

I am a linen draper , in partnership with Samuel Tinecoat; I only swear to a piece of callico.

SILVESTER HILL sworn.

I live with Godfrey Hill and Samuel Tinecoat ; they are partners; the prisoner came into the shop about four in the afternoon, of yesterday, and asked for a child's frock; there was another woman with her, that appeared to be big with child; and I shewed her a yard and a half of print, at twenty-pence a yard; a quarter of a yard of muslin, and half a yard of Irish; these things were paid for; the other woman took them; the other woman paid for the quarter of a yard of muslin, and the yard and a half of print; and the prisoner paid for half a yard of Irish; they both walked out of the shop together, and went up Winslow-street, about thirty yards; our house is No. 78, Oxford-street; I fetched them both back again; and as soon as the prisoner came into the shop, she dropped down the print from her petticoats; she had no cloak on; I saw it drop down from her petticoats; it was under her petticoats I am sure; it was in the middle of the shop; I am very certain when I went out of the shop, there was nothing on the floor, and nothing near the ground; the other woman was not near her when it dropped; there were twenty yards; it was printed callico; I picked it up; the prisoner said she had not stole it; she stood off from it, and said she had not dropped it; it was quite different to that she bought; it was laying on the counter near to where she was; it has our own mark upon it, O. A.; I gave it to Mr. Silvester Hill; (produced and deposed to); the mark is the hand writing of Jones the shopman.

Prisoner. I did not take it.

JAMES CROSSMAN sworn.

I am constable of Mary-le-bone Parish; this property was given to me by Godfrey Hill; I produce it; she ran away from me, and I ran after her.

Silvester Hill. The last witness gave it to me.

Prosecutor. I cannot put a less value than two shillings and six-pence a yard; that is three pounds ten shillings; the price was reduced at my desire at the justice's; I had not it above ten days.

GUILTY, 39 s.

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17891028-68

808. JAMES KILLIN was indicted for falsly and feloniously making, forging, and counterfeiting, and causing and procuring to be falsly made, forged and counterfeited, and willingly assisting in the false making, forging, and counterfeiting, on the 26th of September last, a certain order for delivery of goods, purporting to be an order of William Forbes , Esq. and to be directed to Dennis Carco , by the name and description of Dennis Carco of Piccadilly, to send a good round hat for him, the said William Forbes , and also to fit the servant, meaning the said James Killin , with intent to defraud the said Dennis Carco and William Rennard .

A second Count, for uttering the same with the like intention.

A third Count, for forging the same with intent to defraud James Forbes .

A fourth Count, for uttering the same with the like intention.

This being a fraud, and not a forgery of a compulsory order for the payment of money, the prisoner was ACQUITTED .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17891028-69

809. RICHARD DAWSON was indicted for burglariously and feloniously breaking and entering the dwelling house of William Harcom , about the hour of one in the night, on the 21st of October , with intent to steal to steal his goods and chattles .

The parties called, and not appearing, the prisoner was ACQUITTED .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17891028-70

810. JOHN TUCKER was indicted for feloniously stealing, on the 3d day of October , four hundred and ninety yards of linen, value 30 l. one hundred and thirty yards of cambrick, value 20 l. ten yards of muslin, value 28 s. forty muslin handkerchiefs, value 3 l. one cotton towel, value 1 s. and twenty yards of printed callico, value 3 l. the property of George Jeremy and Henry Small : and STEPHEN TUCKER and MARY TUCKER were indicted for feloniously receiving on the 4th of October , four hundred and ninety yards of linen, value 30 l. one hundred and thirty yards of cambrick, value 20 l. forty muslin handkerchiefs, value 3 l. one cotton towel, value 1 s. and twenty yards of printed callico, value 3 l. part of the said goods, knowing them to have been stolen .

(The case opened by Mr. Silvester.)

GEORGE JEREMY sworn.

I am a linen draper in Tavistock-street , in partnership with Henry Small ; this young man lived with me between five and six months; and on the 3d of October, having missed some cambricks, and not finding them; on searching thoroughly, I found a piece of muslin in John Tucker 's box; in consequence of which, I sent him to the watch house that night, and the next morning he confessed.

Were any promises made to him, or threats? - No.

Mr. Garrow, Prisoner's Counsel. Was not he told that if you recovered your property, you would not hurt him? - No.

Are you sure of that? - Yes, I am positive; he confessed to the eight pieces of cambrick then missing, and five or six pieces of Irish, and three or four quantities of muslin handkerchiefs; after he confessed that these goods were at his father's and mother's house, I immediately went with two friends, and made the mother acquainted with what I came about; I requested she should give me the goods which her son confessed she had got, the mother lives in James-street, Hay-market; she asked me what I wanted? I told her the whole of my goods; she requested to know how many pieces of Irish? I told her I did not mention any number, but requested to have the whole; she went up stairs, and brought down eleven pieces of Irish; I asked her whether that was the whole? and she said it was; I told her I thought it was not, for there was a quantity of cambrick which I knew she had; she expressed herself a good deal astonished that she had not brought it down, for she said she intended it; she fetched it down; I asked her if she had any thing else? she answered no; I asked her if she had any more goods? and she said not; and on taking down the bed, I found several pieces of cambrick, Irish cloth, and some muslins; they were in the bed; it was a turn-up bed; there were some trunks, and I requested to know what there was in the trunks? and she said there was not any thing in the trunks, that the trunks belonged to her; I requested to have the keys of the trunks; and when they were opened, I found Irish cloths, cambricks, and muslins: on examining, I found they were quite full of goods; by this time, Atkins the constable arrived; and we searched the whole house, but we did not to my recollection, find any thing else besides what I have now mentioned.

She keeps a cook's shop I believe? - A kind of cook's shop or eating house.

Do you know whether her husband lives with her? - I believe he sleeps there; he is

a coachman I believe; we brought home the goods on Sunday, the 4th of October; and the following day we appeared in Bow-street; and there it came out from the confession of the young man.

Court. Was the mother present? - No.

Then that is not evidence against her? - In consequence of that, Atkins and we went down to the father's house, requesting her to give up the duplicates; and to the best of my recollection, she said she had none; on searching, we found I think four duplicates in number, in one of the rooms; Mr. Atkins then thought it was necessary to take the mother-in-law into custody; and we brought her up into Bow-street; and I requested to see the duplicates, and the amount of them; I found the amount to be only thirteen pounds; I said it was not the whole of them; on which Mr. Atkins, and Mrs. Tucker, and myself, went down to James-street: and she immediately got on a chair, and took down a teapot, where there were thirty duplicates; I saw her do it; there were from twenty-six to thirty duplicates; we then went back to Bow-street, where they remained to be re-examined, John Tucker , and Mary Tucker , and the husband.

Court. When she took down the duplicates from the tea-pot, had she been at Bow-street then? - No, she had not.

Were the things found in the trunk and boxes, your property? - The greatest part of them; there is my own writing on several.

Mr. Garrow, Prisoner's Counsel. I believe this young man came to you from Mr. Mann's? - The last place he lived in before he came to me, he had lived there seven or eight months; I heard a very good character of him from Mr. Mann; I had a very good opinion of him, as good an opinion as I had of the rest of the young men in the house.

You thought him an honest man? - I did.

Did you observe that several of these pieces were in the same manner you kept them tied up in your shop? - Yes.

In the same manner in which if any body had purchased of you fairly, they would have had them? - Yes.

This young man was in the habit of carrying out goods? - Yes, he was; but I do not know that he ever waited on three customers of his own; I believe to one; not more than one.

Do you recollect whether on any of these occasions, either to customers of your's or his own, he represented to you, that the lady wished to have the goods left till the next morning? - I cannot call that to recollection.

Was he about to leave you? - He was.

Did you understand whether he proposed to go into business for himself? - I never understood any thing of that kind.

What day of the week was it, when he was first taken into custody? - I believe it was Saturday night or Sunday morning, about half past twelve.

The mother was not taken into custody till Monday? - No.

Do you recollect her coming first to the watch-house, and afterwards to your house to see the young man? - Yes; that was on Sunday morning, about nine, ten, or eleven.

She was, I believe, twice at your house? - No, I believe not.

She was then apprized, I suppose, of the charge against her son? - That he was at the watch-house.

On some suspicion of his dishonesty? - Yes, I believe it was.

When did you go to her house? - Three or four hours after.

Then, she had time enough to have destroyed the duplicates, if she chose it? - She certainly had.

Was not there a bank note found upon him? - There was; he said he generally received the money for them what was pawned.

There was a quantity of gold found upon him? - There were four guineas and a few shillings, to the best of my recollection.

Did he say that in the hearing of his mother? - I do not know for a certainty.

Were any of these articles altered, or played any tricks with? - Some of the cambricks; the marks had been, in a great measure, put out, and others put into their place.

That could not be the work of a woman? - That I cannot say.

Did this young man represent himself to be buying goods in the city, on credit, by which he would lay in a stock, to get some money among the customers, and to set up bye and bye? - I never understood it, any further than from the mother.

Was that in his presence? - I cannot say; I never understood it, either from the mother or any other person.

Journeymen in these trades, do sell a little on their own account? - I believe it is never allowed; the woman told me that her son-in-law had brought them there, and that he had once or twice represented it to her, that that was the mode by which he came by them.

Do you recollect her ever saying that in the presence of the young man, and whether he did not admit that to be the consequence? - I do not recollect that he did confess it before her.

Did he at any other time, when she was not present? - Yes, he did.

It was not likely his mother in law, whom he was not plundering, should suspect him any more than you? - It was not.

Mr. Silvester. What was found in the house, to what value? - About one hundred and fifty pounds.

And what is the value of the cambrick? - About thirty or forty pounds.

Mr. Garrow. This woman was once admitted to go about her business and come back again? - Not to my knowledge.

Did not she come voluntarily to the office at five o'clock on the Monday? - I believe she was in custody at that time.

PETER WOOLLY sworn.

I called on Mr. Jeremy, the 4th of October, at two o'clock; I went with him to the house, and saw the whole transaction; I have heard what Mr. Jeremy has said; I was present the whole time.

JOHN ATKINS sworn.

On the 4th of October, on Sunday, a gentleman came to the office for an officer; I went down to James-street, to Mr. Tucker's house, a cook's shop, there; one gentleman was at the door, and two up stairs; they had some things on the bed, and there was a box, which was full of things: we took away the things, and down stairs we found a coverlid; there was a bed, and the father very voluntarily said they were all the things; and the gentleman let him stay; and I took his word till the next morning; and I met him in Chandos-street, coming to the office on Monday; I fetched the woman into custody, by order of the magistrates; the magistrates were gone, and I let her go till the evening.

Mr. Garrow. She was left at home on the Sunday, and on the Monday you let her go again? - Yes, and in the evening I went to her house; I asked her for the keys, and she gave them to me; I went into the room with her, there I found four duplicates; she said there were some tickets; and I found three in the box, and one in her pocket; I asked her if they were all; and she said, yes, they were of the things in pawn for thirteen pounds odd; then I went to Mr. Priestman's, the pawnbroker.

What did she say? - She said; says she, what could a parent do? and says she, immediately, if you will go along with me, I will shew you; then we went to her house, and she got on a chair, and in a tea pot I found almost thirty duplicates, some were for her own things.

Mr. Garrow. On the Sunday she was left intirely at home? - Yes, on the Monday she was admitted to go, and come back again.

Therefore she had obtained time to burn all these, if she thought it necessary? - No doubt of that.

At the time you stated the amount of these, there was no charge against her, but against her son? - No.

And then she immediately said, good God, what could a parent do? - Yes; the

father came an hour before his time to Mr. Jeremy's house.

(The several pawnbrokers produced the things.)

Prosecutor. The greatest part of them are mine.

Prisoner John Tucker . I wish to say that my mother is totally innocent; I imposed upon her, by telling her I obtained them in the city; and she asked me at different times, how I came by them; and I always told her that I had bought them; and she asked me whether I was sure of it, that I came by them honestly, and I told her that I came by them honestly; I have nothing else to say.

Prisoner Stephen Tucker . I know nothing about it.

MARY TUCKER's DEFENCE.

I have often asked him if they were his own property; he has answered me, indeed mother, they are.

(The prisoner Stephen and Mary Tucker called eight witnesses, who gave them a very good character.)

(The prisoner John Tucker called one witness to his character.)

JOHN TUCKER GUILTY ,

Transported for seven years .

STEPHEN TUCKER NOT GUILTY .

MARY TUCKER GUILTY ,

Transported for fourteen years .

811. The three prisoners were again indicted for stealing various other articles , but the prosecutor giving no evidence, the three prisoners were all found

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17891028-71

812. MARGARET CAIN alias FLINN was indicted for that she, together with Jeremiah Cable, not in custody, feloniously did break and enter the dwelling-house of John Woodhatch , about the hour of twelve in the forenoon, on the 25th of October , the said John Woodhatch , Mary Goodall , and Edward Priest , in the said dwelling-house then being, and on the said Edward Priest feloniously did make an assault, and put him in fear, and take from him half a guinea, and 7 s. his monies .

EDWARD PRIEST sworn.

I am a barber , in Parker-street, Drury-lane; the room that I rent was broke open on Sunday night last; my landlord lives in the lower apartment, and I live in the two pair of stairs front room; my wife and me were having a few words; and this woman and a man came up stairs, broke the door off the hinges, and put her hand into my pocket; I caught her hand in my pocket; and she pulled out half a guinea and seven shillings, and one halfpenny, and she dropped three shillings and one halfpenny of the money; she gave the man the half guinea; I caught hold of him, but he ran down stairs, and she after him; they went away: I could not find a constable till night; then I took the prisoner at the sign of the Golden Harp, in Parker's-lane, that is near where I live.

Court. You was up two pair of stairs quarrelling with your wife? - I was, but that was all made up.

Then she and another man came, and at noon day broke open the door, and ran to your breeches, and snatched out your money? - Yes, all the money I had in the world.

Did you know her before? - I saw her pass and repass.

She did not lodge in your house? - No.

Nor the man? - Yes, the man lodges in the house, in the one pair of stairs.

There were several people in this house at the same time? - There was nobody at all in the room besides me and my wife.

Was not Mary Goodall in the house?

- Yes, she was in the room, that was the person I was with; she was not before the Justice; she is not here.

Was there any other person in the house besides? - No.

Why your landlord was there, was not he? - Yes, he came up stairs when he heard me cry out, when the door was broke open.

Did you make any resistance when this woman snatched this out of your pocket? - Yes, I picked up the three shillings and an halfpenny; and I asked her for the money, and she gave the half guinea to this man.

Then you never struck her? - I never struck her at all.

Prisoner. The room was full of people, and he was beating the woman with the poker, and the woman cried murder, and I ran up stairs with the rest.

JOHN WOODHOUSE sworn.

I keep the lodging house; hearing a disturbance in the house, I went up, and saw the prisoner's hand in this man's pocket; the door was open; and when she put her hand out he hit her on the back of her hand, and she dropped three shillings and a halfpenny; I have seen her, she used my shop, and lodged with me once; she is no stranger in the neighbourhood.

What sort of disturbance was it? - Between the man and the woman that lived with him.

Did you see any marks of violence on the door? - I did not see any marks of violence, any otherwise than that the door was broke off the hinges; she ran down directly, both she and the man; I went out for the constable, at that time.

PRISONER's DEFENCE.

On Sunday, about two, I went up into Mr. Woodhouse's house, to the young woman that lived there; there was a cry of murder; this man and Mary Goodall were fighting, he was beating her with a poker; the people run and burst in the door, and I went up among them, but as to any money, I never saw any.

Court to Woodhouse. How many people were in the room when you came up? - This man, and the woman, and the prisoner, and the man that came with her; there were other people that came afterwards.

NOT GUILTY .

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

Reference Number: t17891028-72

813. JANE, the wife of BENJAMIN ELLEY , was indicted for stealing, on the 23d day of September last, nine yards and three quarters of sprigged muslin, value 10 s. the property of Timothy Fisher .

(The witnesses examined separate.)

RICHARD PINNIX sworn.

I live with Mr. Fisher, a linen draper, at Holborn Bridge; on the 23d of September the prisoner came into the shop, about six in the evening, to look at some sprigged muslin; I shewed her several pieces one of which she fixed on, another that laid handy she swept off the counter with her elbow, she stood over that piece, and desired me to cut off a quarter of a yard of the other; while that was cutting off, with the heel of her shoe she drew the other under her petticoat.

Court. Was it a pretty large piece? - Nine yards and three quarters; I saw all this doing; she then desired me to cut off a nail of plain muslin; the things came to two shillings and two-pence; she put her hand into her pocket for the money, at the same time I saw her lift the muslin higher up, under her stays; I suffered her to go out of the shop, and I followed her close; I stopped her, and desired her to come back, and asked her for the muslin she had concealed; when she came to the middle of the shop she seemed surprized, and denied it, and at the same time let the muslin

fall; as she dropped it she endeavoured to step from it, but the heel of her shoe hung in it, and she made a stumble; she still contined to deny it; I delivered her to the constable: the muslin is here; I am sure of the prisoner.

Prisoner's Counsel. You was standing on one side the counter, I take it for granted, and she on the other? - We were.

Because you seem to say you saw the whole process? - I saw her sweep it off the counter.

Were there other persons in the shop? - There were three or four other persons in the shop.

How many might there be? - I cannot say.

Your shop was full of customers? - No, it was not full.

Perhaps in this very place there were other customers? - No, not one near me at the same counter.

You did not desire her to pick it up? - No, I did not; I let her sweep it off the counter, and do what she would with it, to see whether she was a thief or not.

All this seems to me to be almost impossible? - It may seem so to you, but it is true.

JOHN ROBERTS sworn.

I produce this muslin; I received it from the Alderman, at the examination.

(Deposed to by the private mark, B. R.)

Richard Pinnix. It was marked by myself.

Prisoner. I leave it to my counsel; I did not expect to be tried till two o'clock; when I went into this shop, I went with an intent to buy; the gentleman pulled me about sadly, and he put his hands down my bosom, and I thought it was a very indecent action; he asked me where I lived; I told him; and he went and enquired of my character; and he said to me, are you a married woman? I said, yes; says he, it is a pity you have a big belly; I said, it is no matter, I have a good father for it; says he, I wish I was the father of it; and what he has said against me, is as false as God is true.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. Baron HOTHAM .

Reference Number: t17891028-73

814. JOHN COWEY was indicted for stealing, on the 28th of September last, forty pounds weight of copper, value 10 s. the property of a person unknown.

DANIEL MURPHY sworn.

I am a watchman; I stopped the prisoner at St. Dunstan's Hill, on the 28th of September, turned of four in the morning, he was coming from the keys, with sheets of copper; when he saw me he ran away, back; I pursued him close, and he threw away the copper in Thames street; I left the copper in the charge of Bell, and ran after the prisoner; I kept him in sight, till he was taken by other persons; I am sure he is the man that threw down the copper; he said, he met with it in the street, and knocked his foot against it.

FRANCIS BELL sworn.

I am a watchman in Thames-street; I saw the prisoner pursued, and throw down the copper; I picked it up and took it to my box till the officer of the night sent for it, that is Porter.

JOHN PORTER sworn.

(Produced the copper.) I have had it ever since.

PRISONER's DEFENCE.

I had been to Thames-street, and I fell down over something, and it was this; the watchman saw me, and came and took it away; and then I run away.

GUILTY .

Tried by the London Jury before Mr. Justice HEATH.

Reference Number: t17891028-74

815. ANDREW BANKS was indicted for stealing, on the 29th of September last, a wicker basket, value 6 d. and sixteen dead geese, value 30 s. the property of Edward Knell .

MARY POWIS sworn.

I saw the prisoner take the flat, on Michaelmas day; the prosecutor is a watchman to the Poultry market, it is in Leadenhall-market ; I was picking a goose; I saw the prisoner take a flat of geese off the stall, there were sixteen geese; it was between twelve and one; I cannot tell what he did with it; he took it away as high as the London tavern; I called to one Charles Cane , a journeyman poulterer, opposite to me; the prisoner is the man; the geese belonged to one Thomas Walch , a salesman: Knell is the watchman left in the guard of the whole market, both day and night.

Court. Suppose any thing is lost in the market, does he make it good? - Yes, he pays for every thing that is lost.

LEWIS GREENUP sworn.

I took the prisoner four days after; I found no property on him.

Court to Mary Cowey . Did you see the geese in the flat? - I did.

PRISONER's DEFENCE.

I know nothing of it; I worked very hard that day; I took two flats out of the market, into Lime-street, they were tied down; I do not know what was in them.

Jury. How came you to see the geese in this flat, before the salesman came? - They were put for sale in the market; I saw it open, and the geese in it; and it was tied up again.

Prisoner. It was not a load that any man could run away with; I suppose it was two hundred weight; it was not a thing that a person could put into their pocket; they say they were fat geese.

Jury. Is the journeyman poulterer here that pursued him?

Prosecutor. The young man let him escape, and would not swear to him before the lord mayor.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. Baron HOTHAM .

Reference Number: t17891028-75

816. ELIZABETH LAMPREY was indicted for stealing, on the 2d of September last, a cambrick handkerchief, value 2 s. a lawn ditto, value 1 s. a shift, value 2 s. a diaper towel, value 1 d. the property of Jane Hunt , and three cotton handkerchiefs, value 1 s. the property of Elizabeth Evans .

JANE HUNT sworn.

I keep a toy-shop at Mile End ; I am not married; I live with my brother and sister; I never saw the prisoner, till the day she came to wash at our house; I lost a great many things, and the things in the indictment; I gave them to my servant , Elizabeth Evans , to give to the prisoner, to wash in the kitchen; I saw some of them at the pawn broker's.

ELIZABETH EVANS sworn.

I am a servant to the last witness; I gave the prisoner the things in the indictment, and a great many other things, to wash, and a great many things of my own, as well as the three cotton handkerchiefs, in the indictment; she went away about nine at night, and came of her own accord on the Thursday; she did not stay long, and went away; she came to our house on Friday; she did nothing; she went away on Saturday night, and never returned afterwards; then we missed all the things; I never saw her before she came to wash; she was recommended by a broker, near us.

JOHN NEGUS sworn.

I was sent for on Saturday, the 12th of September, in the evening, to take charge of the prisoner; she denied having any of the property; I searched her, and the

apartments, and found a great number of duplicates; and we went to the pawn brokers, and he gave up those things, because he would not come here; his name is Parker, London Wall.

(The Court sent for the pawnbroker.)

STEPHEN GROOME sworn.

I am servant to Mr. Parker a pawnbroker; I have frequently seen the prisoner at our shop; I remember her pawning many articles, but I do not know what they are; (looks at the things); I do not remember any of these things being pawned.

Court. There is a defect in the evidence.

NOT GUILTY .

Tried by the London Jury before Mr. Justice HEATH.

Reference Number: t17891028-76

817. MARY LEARY was indicted for stealing, on the 7th of October , a black silk cloak, trimmed with lace, value 1 l. 11 s. 6 d. another ditto, value 1 l. 11 s. 6 d. two black silk handkerchiefs, value 3 s. a callico cotton gown and coat, value 15 s. a dimity ditto, value 15 s. a muslin flounce, value 10 s. a check muslin cloak, value 10 s. 6 d. three aprons, value 10 s. a dimity muslin gown, value 10 s. three shirts, value 3 s. three pocket handkerchiefs, value 3 s. two muslin handkerchiefs, value 3 s. a muslin shawl, value 3 s. a neck handkerchief, value 1 s. 6 d. a gause handkerchief, value 1 s. three pair of cotton stockings, value 6 s. one pair of cotton ditto, value 1 s. a shift, value 3 s. a cloth apron, value 1 s. two table cloths, value 2 s. a pair of stockings, value 2 s. a handkerchief, value 1 s. the property of William Langham .

WILLIAM LANGHAM sworn.

I live in Bartlet Buildings ; I am an attorney ; on the 7th of October, I was out of town with my wife; I went between eleven and twelve; I left the prisoner with another young woman in the house; she was my servant; I came home again between nine and ten at night, and was informed the prisoner was gone away.

MARY BIDDELL sworn.

I am servant to Mr. Langham; on the 7th of this month, I was left in his house, when he went out of town; there was his daughter and son; and the prisoner, who was then his servant; I went down stairs between six and seven; and the prisoner was gone, and had left the candle alight; the prisoner had been in the kitchen all day, and I with her; I put out the candle, and came up stairs; I expected her back every minute, but she did not come home; my master came home between nine and ten at night; I saw some of the things in the places in the morning, and in the evening they were gone; I had no suspicion of the prisoner.

WILLIAM BROWN sworn.

On Thursday morning, the 8th of October, about half past nine, I saw the prosecutor at Poland-street; he said he had been robbed; I knew nothing of the prisoner, and went in search of her; I found her at the High Flier; I went up stairs; the door was locked inside; I knocked frequently; nobody answered; I burst the door, and found the prisoner sitting by the fire, and some of the property on the bed, tied up in a white table cloth; I found three shirts in the window; this handkerchief and stockings I found on the prisoner; I have the things.

PRISONER's DEFENCE.

I bought these goods, all the four pieces, from this lady; she told me she wanted to buy some lace; she was ready to lay in, and I lent her two guineas and a half; she told me she had some old things to send to her sister in the country, and she would sell these old things to me for the money; I was to give her four guineas and a half for the old things; I was intending to leave this lady; I served her for half a year, as long as she has been a house-keeper; all

the neighbours gave such a character of her, they desired me to leave her; she was to give me ten guineas, and half a guinea Christmas-box; this lady did not pay me but at the rate of eight guineas; and stopped out of my wages two guineas and a half; I bought this bed gown of her for five shillings; my mistress desired me not to tell my master or this girl of it, because she thought it too mean to sell these old things to me; if these things are looked at, they are all old things only fit to give away.

Court to Mrs. Langham. You hear what this woman says? - Sir, I never sold her any one thing in my life.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. Baron HOTHAM .

Reference Number: t17891028-77

818. ELIZABETH DAVIS was indicted for stealing, on the 13th of September last, a child's cotton frock, value 1 s. a worsted stuff petticoat, value 1 s. the property of Jane Matthews .

JANE MATTHEWS sworn.

I am a widow , in Plough-court, Holborn; I lost the things in the indictment, on Saturday, the 13th of September, which were taken off my little girl in the street; she is seven years old; she was at play; I lost my child for three hours; she came home almost naked, except her little under petticoat, and her shift; she went out a quarter after six in the evening, and returned just before nine.

JOHN GARROOD sworn.

I am servant to Mrs. Fairis, No. 78, Fleet market; the prisoner came to our shop on Saturday, the 19th of September, about seven in the evening, and pawned a frock and shirt for two shillings; she said it was her own property; I am certain it was the prisoner.

(The things produced and deposed to.)

PRISONER's DEFENCE.

I am as innocent as the baby that is unborn; I thought I should not be tried till three o'clock; I was at home at the time this was laid to my charge.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. Justice HEATH.

Reference Number: t17891028-78

819. BARNARD WALFORD was indicted for stealing, on the 11th of September , twenty-eight diaper clouts, value 28 s. a dimity muslin woman's dress, called a bishop, value 20 s. a dimity petticoat, value 10 s. four child's ditto, value 11 s. eight table cloths, value 3 s. a child's cloak, value 3 s. a wicker basket, value 1 s. the property of John Felton .

(The witnesses examined apart.)

JOHN FELTON sworn.

I live at Clapton, in the parish of Hackney; I lost the things in the indictment on the 11th of last month; the prisoner was taken by the description of the boy that carried them; the property is not yet found.

SARAH TENANT sworn.

I was servant to Mr. Felton at this time; on the 11th of September, I saw this linen packed up, and I delivered it in a basket to John Tinsley between twelve and one, to take it to the mangler's.

JOHN TINSLEY sworn.

I am just turned of fifteen; I know the nature of an oath; if I speak wrongfully, I must suffer hereafter. On the 11th of September, I had a basket of linen delivered to me between twelve and one, at Clapton; I was going to Mrs. Hart's in Mansion-house-street,

a mangler; and the prisoner met me by the Mansion-house, in Mansion-house-street; and he asked me if I did not want Mrs. Hart? I said yes; he said she had removed down Leadenhall-street, and he would shew me where she lived; I followed him; and just as I got by the top of Leadenhall-street, I asked him if I was not almost there; and he got me down Creed-lane, by Creed Church; I did not know where it was; he took me down Hooker's-gardens; and another man met him; and the prisoner told the other man, says he, you take this to Mrs. Harts; and the other man said he would; and the prisoner said, make haste back? and he said he would; and the prisoner detained me five or ten minutes, and left me; the other man went the way to Leadenhall-street; the prisoner said he would go to get change for half a crown, and return directly, but he did not; I picked the man out among five or six more in the Poultry Counter; I swear that is the man.

CHARLES SUNSOM sworn.

I am a scowerer and dyer; on Friday, the 11th of September, I saw the boy, and he said he was robbed; the boy described the man, and I went; he said one looked like a jew, in a brown coat with a white cape, and his hair platted with a bit of tape; I went to the Cape-coast Castle with some others, and met one Allwright; then we went to the prisoner's house; a young woman said he was not at home; we went again, and saw the prisoner; he promised to come to the patroll; he said he knew nothing of the things; he believed one Underwood took them; on Saturday, he was gone away; and I took him afterwards the corner of Petticoat-lane.

PRISONER's DEFENCE.

I am as innocent as the child unborn; this fellow that stands at the bar now, has made his brags to swear away my life; they told the boy I was the man at the Justice's; I never left my lodging; I have a great swelling under my arm; I have a witness that I was at home the whole day, that is my landlady; I am a foreigner; I came from Vienna; I have been in England seven years; I was taught English when I was a child.

MARY PIERCEY sworn.

Are not you a jewess? - I am a widow; I live in Whitechapel parish, Dove-court; I know the prisoner; he lodged in my house two years; I have trusted him when I have been out of town for a month or two, and I always found my place as I left it; he was up at six in the morning in summer, and seven in the winter; I never knew him to keep any bad hours; I have no lodgers but him, being a lone woman: I did not choose to keep the house by myself; I know at that time, I heard some men come into the place; I asked him what was the matter; to the best of my knowledge, he was not out.

What day was that? - The day of the robbery.

Do you recollect the month? - No, I do not; I am a very forgetful person; it is about five week ago, to the best of my knowledge; he is troubled with the rheumatism in his limbs, and he will not work; he sits down in a chair, and says his limbs fail him; he is an engraver; he complained; I am obliged to go through their place (it is a bottom place) for water every five minutes; I did not sit with him all that day; about four o'clock I was down, and he was below drinking a little hot tea; and he was in at three o'clock.

When did he go out? - I cannot rightly tell.

I thought you said he did not go out at all.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. Baron HOTHAM .

Reference Number: t17891028-79

820. JAMES CONNER was indicted for stealing, on the 14th of September last, forty six pounds weight of iron , the property of Felix Calvert and Co.

JOHN WAINWRIGHT sworn.

I am a constable; I took the prisoner with some iron, on the 14th of September, about three in the afternoon; I saw the prisoner come up Allhallows-lane; he had something wrapped in his coat very heavy; I followed him, and asked him what he had? he said, two bits of iron; he said it was given to him by the bricklayers, to carry into Rosemary-lane, from Mr. Calvert's brewhouse.

JOHN BUGGATT sworn.

I took the iron down to the brewhouse, and gave it to the bricklayers to be put into the brickwork; it was ten in the morning the 14th of September; this is the iron.

PRISONER's DEFENCE.

Two of the bricklayers gave me this stuff, and desired me to go and sell it for some beer; I thought it was their property.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. Justice HEATH.

Reference Number: t17891028-80

821. WILLIAM WEBB was indicted for stealing, on the 6th of October last, a quart pewter pot, value 8 d. a pint ditto, value 4 d. the property of John Man .

JOHN MAN sworn.

I keep a publick house on Holborn-hill ; I lost a quart and a pint pot on the 6th of October, from my house; I took them from the prisoner about two in the day, I saw him in the house; he came in to have his dinner, and a pint of beer; a person called me out, and there was a quart pot and a pint pot on the table; he was coming out; a woman told me, and I took him; and he pulled the quart pot out of his pocket, and the pint pot from between his shirt and waistcoat; he was searched, and had six knives, and the knife he eat his dinner with.

(Deposed to.)

Prisoner. The knife was my own.

GUILTY .

Whipped .

Tried by the London Jury before Mr. Baron HOTHAM.

Reference Number: t17891028-81

822. JOHN NICHOLSON was indicted for stealing, on the 14th of October , three quarters of a pound weight of wool, called Spanish wool, value 12 d. the property of Emanuel Delator and Joseph Deladehesa .

(The case opened by Mr. Silvester.)

ROBERT FAWCETT sworn.

I am an officer belonging to the Custom-house; I was on board a vessel between four and five in the afternoon, going on the keys, waiting for the evening surveyor to come and sign the book; and I saw a man come from unboard the vessel where I was, with some wool; I took hold of him by the coat; he had the wool about him; the prisoner is the man; I asked him where he was going; he made use of blasphemous oaths, and knocked me down; I cried stop thief! he ran, and a man tripped him up; he got up and drew a knife out of his pocket; and a fellowship porter ran after him, and laid hold of him; and he immediately stabbed the man in the temple; the man fell down directly; he was obliged to be taken to the surgeon's immediately, and from there to St. Thomas's-hospital; I am sure of the man; the wool is here.

EMANUEL DELATOR sworn.

And an INTERPRETER sworn.

What name and number was on the bag? - Barmizida; that is my property and my partners.

Prisoner. I am innocent of the affair; I was at work there, and this man said I had stole some wool? I said I had not; I was eating some bread with the knife; I was out of my mind when I heard I had cut the man.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. Justice HEATH.

Reference Number: t17891028-82

823. EDWARD JONES was indicted for stealing, on the 8th of October last, twelve pounds weight of iron brads, value 5 s. the property of Thomas Silk .

THOMAS SILK sworn.

I am a plaisterer and builder ; on Thursday the 8th of October, about a quarter after six, I was passing my building in Chapel-street, Grub-street , and I saw the prisoner, who was then a servant of mine, unlock the door of the store-house, and immediately afterwards come out with a parcel under his arm; I stood on one side expecting he was going to take them to the workmen, as I had frequently given him orders to do, instead of which he went towards White-cross-street; I suspected him; he crossed the way half before he discovered me; he ran; I called to him; he proceeded on; I said, what have you there? he said, nothing; I said, it must be something, let me look at nothing; I put my hand behind his coat, and took out the nails; he said, he was not going to do any thing with them.

Mr. Garrow Prisoner's Counsel. What sort of nails are they? - Flooring brads.

How long had this man been in your service? - Oh! a great while, seven or eight years.

What may be the value of these things? - Five or six shillings.

How much could he earn a week in your service? - His wages was eleven shillings a week.

How many thousand nails do you think since he has lived with you, he has delivered out to your workmen? - In the course of these last six months I have put great confidence in him, and trusted him with five hundred pounds worth.

You have one Wells, a workman? - Yes.

Have you never said that you would press against this man, if he ventured to have counsel, to ask you questions? - I only said this, I considered the man as injuring himself to have a counsel, when I mean to state nothing but the truth.

You thought he was injuring himself by having counsel? - I thought so.

You told him, I believe, that he would? - No, I did not tell him so; this morning about half an hour ago, I told a man, Wells, what are you doing here? but I appeal to his lordship, whether I have a right to be insulted by you.

Court. You seem very much to mistake your situation, you are certainly bound to answer every question the counsel puts to you, any thing that can in any way relate to this business; and the Court will stop him if he puts any improper question.

Mr. Garrow. Now master Silk stand up; now you see you have not been yet insulted; I know you very well, and I know you understand this subject very well; what conversation had you with the witness attending to prove the defendant's cause to day? - About an hour and a half ago; I saw him and said to him, what are you doing here? I did not know then he was a witness for the defendant? says he, I am come in the cause of Jones; says I, what for; says he, I cannot say; I said, you cannot be an evidence, you was not present; says I, I think he is throwing away his money, if he means to have a

councellor, because I shall state only the truth.

That was all you said? - Yes; his brother came to me several times; I said, I shall be obliged to speak the truth.

Have you never said to any body (and I desire you to be cautious in your answer) that if this man employed counsel or lawyer, you would press the more against him? - No, I did not, upon my oath, I never said I would press the more; I said, I thought I should be obliged to speak the truth.

Did not you say it would be the worse for him? - No, I did not.

Then if there was no counsel you would not speak the truth? - Since the man lias been in this unhappy situation, several stories have been told me.

In the course then of the last six months he has had a most unlimited confidence placed in him? - Yes.

And has delivered out to your workmen numbers of things? - Yes.

And you have a man of the name of Wells? - Yes.

Where does Wells live? - I do not know.

Not what part of the town? - I do not concern myself.

But I do concern myself? - I do not know on my word.

Do not you know that he lives in a court in White-cross-street, into which street this man was going? - Upon my oath I do not know; I will take my oath I do not know where the man lived; I never heard it till you informed me.

Did that man work any over hours, can you tell me? - Not that night.

Had he that week? - I have no right to take notice.

Do not you know that Wells was to do over-work the very next day? - Not to my knowledge.

Have you never heard it? - I never heard it; his master passed by at the very time I detected this man.

Upon your oath do not you know that Wells, your own workman, wanted those nails for your own business? - I never heard so, never since, nor before, nor have no reason to believe it.

Were they the sort of nails that Wells used in that work? - I cannot recollect; I think he was fixing up escutcheons, and then he would not want these nails.

BENJAMIN DUDLEY sworn.

I am a carpenter; I was coming home with my wife that evening; I live about two doors below where the transaction happened; I saw Mr. Silk with several people; and I heard Mr. Silk say, in the hearing of Edward Jones ; Mr. Silk and the prisoner were contesting about the nails, and somebody said here is a constable; I took him to the compter; and Silk gave me the nails.

(Produced and deposed to.)

PRISONER's DEFENCE.

I will speak a few words; this Mr. Wells and another had a job for Mr. Silk, task work; they worked night and morning that whole week, and several times in the course of that day; he asked me for some flooring brads; I not being there; he called at my lodgings for the brads; he could not go on; after the men left work, about a quarter after six, I was going to take these brads to his lodgings; he was to work at six in the morning.

THOMAS WELLS sworn.

I work for Mr. Silk now.

What conversation had you with Mr. Silk since you came here; what has he said to you? - That is not my concern; he told the prisoner's brother that he would be more rash, and aggravate his case if he employed a counsel; and Mr. Silk wished to know what I came here about? I told him, it would be but a few words, and the truth should accompany them; Mr. Silk is not my master; he employed a taskmaster to finish four small houses; he offered me a guinea a week? and I said, if he would let me have a share of the profits

that arose from it, and I would take it; Mr. Silk had spoke many times in the course of that week and the week before; he said, he would advance no money till his work was finished; therefore we were forced to work morning and evening, and particularly of mornings, that no accidents might ensue; we had proposed and fully intended, me and three more, to get up the next morning, and we asked the prisoner for nails; he said, he would bring some to me; I applied to him again; and he said, he would bring some; but he brought none; I did expect that he would have brought them that night; not but that there was other work, but these nails were necessary and wanting in the morning.

Were these the sort of nails that you wanted? - The gentleman knows himself that these are proper nails for the business that we had to do; he had repeatedly, over and over, two or three times a day spoke these words.

Court. What was the work that was to be done? - Flooring, chimney, ground-skirting.

Mr. Garrow to the constable. Are these proper nails? - They are fit most for laying of floors; they are fit for the purpose of laying floors, nothing else.

Mr. Wells. Mr. Jones was not asked for them sort of nails in particular.

Constable. When I was going to the Compter with him, he said, I am very sorry such a thing should happen; I do not know that I ever robbed my master of a farthing; I wish you would let me go.

Mr. Garrow. I leave the case here.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17891028-83

823. EDWARD JONES (another prisoner) was indicted for stealing, on the 16th of September last, 3 l. in monies numbered , the property of Thomas Peatt .

THOMAS PEATT sworn.

I am clerk to the four yeomen of the water side; I lost three pounds on the 25th of September; I locked up my office door just before six in the evening, and went home; on Saturday the 26th, in the morning, I was called about three, by a man that works for me, and informed that my office was broke open, and both my desks, where I had deposited some monies, upwards of three pounds; in consequence of that I came to the office from my own house, about ten minutes or a quarter after three o'clock, and I missed my money, three pounds and upwards, one half guinea, some silver, and some halfpence.

Do you mean to speak exactly to the sum of three pounds? - No; a man was taken up on suspicion, and secured there till I came down; some of my money was found in the possession of the prisoner, it was marked.

JOHN FREER sworn.

I am a constable; on Saturday the 26th of September, I was informed the clerk of the market's office was broke open; I went in and found the lock broke off the door, and two desks were broke open; the office is by the water side, not joining to any house, it is at Billingsgate-market; I found a man in sleep, he was not the man; but on Saturday I saw the prisoner going in and out of the publick-houses, in liquor, and spending his money very free; I took the prisoner into custody, and searched him, it was on Sunday morning about two o'clock; I found upon him half a guinea, four shillings, and some half-pence; I have kept the money ever since; Mr. Peatt came on Monday morning, and I told him, and shewed him the money; there was only one shilling remarkable, which he said he could swear to, and which he returned me again; this is the shilling; it is a crooked shilling with two sixes, or two nines each side; he could swear to it by that before my lord mayor; the lord mayor's clerk asked the prisoner whether any body was with him? he said,

no; he acknowledged the robbery to several people; I heard him say that he was by himself when he committed the robbery, that there was nobody with him; I had not said a word to him, nor did I hear any body say any thing to him to induce him, or threaten him, there or any where else.

(The shilling deposed to by the prosecutor.)

I know it by making a particular remark of the person I took it of, on the Monday morning, and putting it into the wooden bowl when the money was all out; the moment the constable shewed me the money, I took it out, and told him who I took it of.

Prisoner. I have nothing to say.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17891028-84

824. HENRY HILL and WILLIAM BUDGEN were indicted for stealing, on the 6th of October , six trusses of hay, value 12 s. the property of Thomas Allilley .

THOMAS ALLILLEY sworn.

I live in Portland-road ; I am a cow-keeper ; on the 6th of October, I lost six trusses of hay.

PETER HICKEY sworn.

I am servant to Mr. Allilley; on the 6th of October, I saw the hay thrown out of the stack yard; I went for my partner to watch the hay, and we saw three men between eight and nine, come to take the hay, the two prisoners were two of them, the other got away; we took them; they stooped down and had hold of it, but whether they had it off the ground I cannot say.

JAMES FOOLEY sworn.

I was present with Hickey; I cannot say whether they had it off the ground or not.

BOTH NOT GUILTY .

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

Reference Number: t17891028-85

825. ROBERT DENHAM was indicted for stealing, on the 28th of October , seventy-five pounds of lead, value 10 s. belonging to John Lord Clifton , of Layton, Bromfield , affixed to a certain house of his, against the statute .

(The case opened by Mr. Knowlys.)

THOMAS LOCKWOOD sworn.

I am a patrol in Moorfields; I know no harm of the prisoner, any further than taking him in Fore-street, where he had pitched a load; he said, it was lead, and that two men applied to him to carry it; we went the next day to the house, he told us; we told him it would be better for him to confess; we went to a house facing the tenter-ground, the front part over the pavement; we went with it; it fitted exactly, and corresponded with the nail holes; it did not seem to be fresh cut; Mr. Elisha was with me; he took the prisoner, and I took the lead.

JAMES ELISHA sworn.

I receive the rents of this estate; I went with the officers, in consequence of their having taken somebody; it is Baron Clifton of Bromfield; the house was in the tenter-ground, one door from King-street, Moorfields; it fitted as near as could be; the nail holes corresponded; it appeared to have been removed lately, a day or two; the prisoner was taken a quarter of a mile from the house.

GEORGE BUCHAN sworn.

I am his lordship's attorney, baron Clifton, of Layton, Bromfield; I saw the lead fitted, it appeared to tally.

PRISONER's DEFENCE.

When I came from my master's house, about eight o'clock, I went out with a piece of victuals; there were two men at the door, they asked me to take a load for them to such a place, and they would reward me with a shilling? I said, I would; I asked them what it was? they said, it was some lead in a bag; I was to take it into Petticoat-lane, the corner of Cox's-square, to one Thomas's; I was to go through Spittle-square, there the patrols met me; I pitched the lead, and told them; and they took me into custody.

Court to Lockwood. Did the prisoner tell you at the time you apprehended him, that he was carrying it for two men? - He did not say he was to meet any man; he said, he was carrying lead for two men, and was to deliver it there; after we taxed him with it, he said, he came from an empty house with it.

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

NOT GUILTY .

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

Reference Number: t17891028-86

826. SAMUEL MUZARAD , JOHN HARRIS , and WILLIAM PEARCE were indicted for stealing, on the 13th of October , two plated salt-holders, value 2 s. the property of Thomas Christopher .

THOMAS CHRISTOPHER sworn.

I live at Mile-end, Old-town; I am an agent; I only prove the property.

JOHN M'GUIRE sworn.

I was informed of the prisoners; I pursued them about a mile and a quarter, it was the 13th of October, about nine in the morning, they were taken; and they dropt these salt-holders, it was the prisoner Harris that dropt them.

(Produced and deposed to.)

Prosecutor. They are stained within-side; I saw them the night before; I do not know the prisoners; I never saw them before.

MARY COLE sworn.

I live opposite to Mr. Christopher; I saw the prisoner Harris go into Mr. Christopher's house, about nine in the morning, he staid about five minutes; I was at my window; I suspected him, and ran to acquaint the prosecutor; and before I could get across the road, he came out, and ran away; I did not see the other two.

MARY MARTIN sworn.

I live with the prosecutor; that young lad, Muzarad, came into our house, about nine in the morning, and asked for one Moore; I told him, next door; and he went out.

PRISONER HARRIS's DEFENCE.

As I was taking a walk over Stepney-fields, I met these young lads going along; and I saw a great many people running along, and we stopped; and two young men came up and took us; they knocked us about, and told us we must go with them; and the man said we took some silver spoons, and some salts from the gentleman's house.

The prisoner Harris called four witnesses to his character.

SAMUEL MUZARAD WILLIAM PEARCE

NOT GUILTY .

JOHN HARRIS GUILTY ,

Transported for seven years .

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

Reference Number: t17891028-87

827. WILLIAM SAWYER was indicted for stealing, on the 28th of October

last, twelve iron bars, value 10 s. belonging to David Brownlee , affixed to his dwelling-house, against the statute .

The witnesses called, and not appearing the prisoner was ACQUITTED .

The recognizances ordered to be estreated.

Reference Number: t17891028-88

828. MARY WALTERS was indicted for stealing, on the 16th of October last, a cotton shawl, value 1 s. a pair of cotton stockings, value 6 d. the property of Thomas Barber .

THOMAS BARBER sworn.

I am a muffin maker ; I keep a chandler's shop; I was walking in my parlour about four, on the 16th of this month; I saw the line move in my back yard; I walked again to the window, and saw a hand take a pair of stockings from the line; I went out of the shop door into the passage, and met the prisoner.

RICHARD ROBINS sworn.

I was coming by; I assisted the prosecutor, and took the stockings out of the prisoner's pocket; the prisoner is the woman; I gave the stockings to Mr. Barber.

- ELLIOT sworn.

I am the constable; the prosecutor gave me these stockings, and I took this shawl out of the prisoner's pocket; she would give no account how she came by them.

(Produced and deposed to.)

Prisoner. I have nothing to say.

GUILTY .

Transported for seven years .

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

Reference Number: t17891028-89

829. WILLIAM SIMPSON was indicted for stealing, on the 17th of October last, a pair of silk breeches, value 6 s. the property of John Edwards .

JOHN EDWARDS sworn.

I was a salesman , in Ratcliffe-highway , at the time of this offence; I lost a pair of black sattin breeches, the 17th of this month, from my door; they were hanging on a nail; the prisoner and another were in my shop about an hour before, looking at a check shirt.

WILLIAM DAVIS sworn.

I took the prisoner about twenty yards from Mr. Edwards's house, between two and three in the afternoon; I was putting my own shop to rights, and I saw him look at the breeches, and take them and wrap them up; I followed him immediately, and took him; he never was out of my sight.

(Produced and deposed to.)

Prisoner. I have nothing to say.

GUILTY .

Imprisoned six months in the house of correction .

Davis. His mother is in great distress about it, and has attempted to cut her throat on his account.

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

Reference Number: t17891028-90

830. JOSEPH SALMON was indicted for stealing, on the 21st of October last, a linen handkerchief, value 1 s. a leather ink holder, value 4 d. a parchment case, value 1 d. the property of Thomas Patient .

THOMAS PATIENT sworn.

I am a cloth-worker in Hackney-road; I lost a handkerchief and leather ink holder, and a parchment case; I went to the Dun-horse in Kingsland-road , for a pint of beer; and there I missed my property; I had them when I went into the house; I saw the prisoner in the house, and near me; he sat opposite me; I sat in a different box; I did not see him take any thing.

JOHN MURRAY sworn.

I am in the coal work; I saw the prisoner put his hand into Patient's pocket; and he took out a parchment case, and put it under the table; and gave it to the other young man; I saw him look at it, and they went away immediately; I did not mention it then; the prisoner went next to Patient, and took it out with his left hand.

JOHN PYNER .

I am eleven last June.

Do you know the nature of an oath? - No.

What will become of you hereafter, if you swear false? - Go to hell, Sir.

JOHN PYNER sworn.

I was going for a halfpenny worth of tobacco for my father, near Mr. Patient's house; and the prisoner gave me a halfpenny to carry the parchment case to Mr. Patient's; he was not at home; I left it there; I did not know the prisoner then; I never saw him before; the prisoner is him; it might be about one in the afternoon, about a fortnight ago.

PRISONER's DEFENCE.

I went into this place to have a pint of beer with a young fellow; I saw this gentleman asleep in the box; a gentleman waked him, and said, are you coming home? I sat ten minutes, and drank my beer, and went home to work; and came home about eleven; the publican took me up.

Jury to Prosecutor. Was the prisoner at the bar in the same box with you? - I cannot swear that he was.

Was you asleep in the box? - No; I laid down my head, not being well.

NOT GUILTY .

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

Reference Number: t17891028-91

831. SAMUEL KNOX was indicted for feloniously making an assault in the king's highway, on Ann, the wife of Francis Berdmore , on the 17th of October , and putting her in fear, and feloniously taking from her a black silk cloak, value 2 s. 6 d. his property .

Ann Berdmore and George Zeal called on their recognizances, and not appearing, the prisoner was ACQUITTED .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17891028-92

832. TIMOTHY KAYLER was indicted for stealing, on the 12th of October , a silver watch, value 21 s. three silver shoe-buckles, value 10 s. a stock-buckle, value 2 s. and two silk handkerchiefs, value 2 s. the property of Richard Dobbins : and JANE KAYLER was indicted for feloniously receiving on the same day, a silver stock-buckle, value 2 s. his property, part of the said goods, knowing it to have been stolen .

JOHN DAVIS sworn.

I am a pawnbroker; I took in a stock-buckle from the woman prisoner; by the account given at the rotation-office by Dobbins, it belongs to him.

The prosecutor not appearing, the prisoners were BOTH ACQUITTED .

Reference Number: t17891028-93

833. THOMAS MAY was indicted, for that he, with divers other persons, on the 31st day of October last, with force and arms on John Felton , acting in the aid and assistance of Thomas Bradley , in the service of our lord the king, in the excise, in seizing and taking for the king, a large quantity of spirituous liquors: viz. twenty gallons of brandy, twenty gallons of rum, twenty gallons of geneva, which said foreign spirituous liquors were then and there liable to be seized by the said Thomas Bradley , and such officers; and then and there unlawfully, and violently, did make an assault; and the said John Felton then so acting, and being on shore in the execution of his office and duty, unlawfully and forcibly, did hinder, oppose, and obstruct .

A second Count, for that he, on the same day, unlawfully did make an assault on the said John Felton , exercising in the assistance of the said Thomas Bradley , in the execution of his duty.

A third Count, for that he with divers other persons, on the same day, unlawfully did hinder, oppose, and obstruct the said John Felton .

(The indictment opened by Mr. Knapp, and the case by Mr. Silvester.)

JOHN FELTON sworn.

I am an excise officer; on the 31st of January, 1788, I was an assistant to Mr. Thomas Bradley , mate of the Eagle Cutter, in the service of the excise, stationed at Plymouth; we had information of some goods being landed and lodged in several houses at Kingston ; we went to a Justice, and got a warrant to search the houses; there was one Berry and Ellerton, and

seven or eight of us in the whole; we went to the house of George Prous , and knocked at the door; he came to the door; Mr. Bradley told him he had an information against his house; he opened the door himself immediately; he told him to walk in, and to walk up stairs, and to search up stairs; no, he said, he chose to go down to the ground cellar; when we turned, the key was not to be found for half an hour; we broke open one door, and the goods were not there; we went to the door where the goods were; and after a long time, the key was come; he gave the key to me; I unlocked the door; it was full of goods; we seized sixty odd ankers of brandy, rum, and gin; and some they ran away with; we removed them to the house of Jones; I was stationed in the entry; I was handing the kegs to Bradley; he was putting the broad arrow upon them; there were two men in the cellar; when they were all out, the man inside of the cellar called to the mate of the cutter, to walk in and see there was no more in the cellar; in the mean time I was by myself with three anchors; when they found I was by myself, they said, now is the time to have the b - r out; and one man -

Court. Who do you mean by they? - The mob; there was a great number of them.

How many people do you think were assembled round the house? - I cannot exactly tell; there was a great many women at first.

Was it a very large mob? - A very large one; a good deal more than a hundred people; when they rushed in upon me, (there were stairs going up to the fore door into the cellar); I ran up these stairs to the front door; I ran to go to some of our people that were guarding other houses; there were about four or five rushed in; I was glad to get off; but one man laid hold of the keg, and I ran up the stairs; and then I was pursued by all the mob; they heaved stones, and glass bottles, and every thing they could lay hold of, at me; one struck me on the leg; I could not walk for half a year; he struck me with a slint stone about two pounds weight; I observed the prisoner after the goods were taken away; he was the man that laid hold of me, and said he would have me away, that I might as well deliver myself up to him, for that I should never go home to Plymouth alive; I took out my pistol to defend myself; I threatened them, and I swore I would shoot them; the prisoner and two more enclosed me; they came nearer to me, and kept in a round circle; the stones were coming every way; I am sure the prisoner laid hold of me, and caught me by the collar; and after some time, he brought me down; when more assistance came down, they brought me down to the house of Jones; Thomas Bradley, and Ellerton, and Kay, came up; they got me away into Jones's house; and they followed me, continuing heaving stones and glass bottles; and when we got into the fore parlour, they hove stones, and broke all the windows.

How many people were assembled at that time? - I could not see, but there were a great many.

Was there a hundred? - Above two hundred at that time; they hove several stones in the tap-room; we were between two fires; there were some stones hove from the street, and some from the tap-room; we got in there between two and three o'clock; and it was after candle light when we got out; we were there four or five hours; we were released by the captain's officers belonging to the cutter, who rescued me, and took me on board a ship.

Was you able to make any seizure on the other houses? - No; we could not make any seizure or search in the other houses.

When you were in the house, did you see any thing of the prisoner? - Yes; I saw him now and then by the window, swearing what he would do to me; and that they would have me out by and by; some said they would cut me down with

a cutlass, like a bullock; and this prisoner was the same as the rest, saying what he would do.

Prisoner. I hope the Jury will be as easy with me as they can; I have no witness but my own dear self, but I am free to make any affidavit, that I never made any assault while the kegs were taken away.

JOHN ELLERTON sworn.

I was with Mr. Bradley's party on this day; I was at Kingston.

Mr. Fielding. Look at the prisoner; did you see him there? - I did.

Describe to the Jury, what you saw him do? - I took him off from Mr. Felton's collar.

How many were assembled with him at that time; I suppose there was above a hundred and fifty in the mob; he was one of those.

Were you near enough to hear what he said to him? - Yes; he called him a d - d informing b - r; that is all I saw of him; I told him if he did not go, I would knock him down with a stick: I never saw him afterwards.

Was there any one of your party that behaved with the least degree of violence to them? - No.

PRISONER's DEFENCE.

I am free to make my affidavit, that I never saw a keg when they were seized, nor when they were carried away; when that man took me away from Mr. Felton, I immediately went off, and never came nigh the place any more: I have no witness but myself; I hope you will have pity on me and my poor family, now starving.

GUILTY .

Court. When was this man made a prisoner? - About a week ago.

Imprisoned three years in Newgate .

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

Reference Number: t17891028-94

834. LEWIS TEXIER was indicted for wilful and corrupt perjury .

There appearing a variance between the record and the affidavit, in the name of Lewis, the prisoner was ACQUITTED .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17891028-95

835. MARY MAHONY was indicted for uttering counterfeit money, with intent to defraud John Perkins the elder.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

836. She was again indicted for another fraud , and ACQUITTED .

Reference Number: t17891028-96

837. ANN BIRT was indicted for obtaining one guinea, and ten shillings and six-pence, by false pretences , the money of Jane Perch .

JANE PERCH sworn.

On the 20th of September , the prisoner brought a note to me, purporting to be the note of Ann Law ; the constable has had it ever since; (the note handed to the Court); I knew Mrs. Law; I served her with bread many years: I am a baker; the prisoner did live with Mrs. Law as servant, twelve months ago; my daughter took the note from the prisoner, and brought it to me: says I, you do not live with Mrs. Law now? no, says she, the maid is busy, and desired me to step down with it: I did not know Miss Law's hand writing, but believing it was, I let her have the money: it was one guinea in gold, and ten shillings and six-pence in silver.

ANN LAW sworn.

I am a maiden woman; the prisoner was not servant to me at the time; I never sent

this letter by the prisoner, or for any money whatever.

PRISONER's DEFENCE.

I know nothing of it.

Court. Did you stop the prisoner at the time? - No; on Wednesday after she was taken up.

GUILTY .

Imprisoned twelve months .

Tried by the London Jury before. Mr. RECORDER.

Reference Number: t17891028-97

838. THOMAS EDWARD BEVINS , JOSEPH PARKINSON , THOMAS alias JOHN WRIGHT , JAMES AINSLEF , were indicted for a conspiracy .

Before the Jury were sworn, Mr. Shepherd, of counsel for the defendants, observed that such indictments were instituted for the purpose of preventing combinations, very dreadful in their nature and consequence. If that object could be attained without putting the unfortunate defendants in a situation of being without any resource, either for their own support, or that of their families, the ends of public justice would be answered. He thought that the object attained in this case, though there were unlawful combinations existing, and very many persons were then languishing, for similar offences, in different gaols, in the most miserable situation; he therefore threw the defendants on the mercy of the prosecutors, and the Court, undertaking they should plead guilty; and should they at any time be guilty of any sort of offence or combination, or avow any thing against the interest of their masters, then they might be brought up to receive that punishment which they would deserve; and then the hand of the law would fall upon them with all its weight. He wished to avoid the consequences of a conviction, which must inevitably be ruin, misery, and distress, to the defendants.

Mr. Silvester, for the masters, observed, that the ends of these prosecutions were attained, if the defendants were convinced that what they had done was wrong; that the masters had no wish to injure, nor any animosity against any one of the men. It was the alarming combination they wanted to suppress; and the punishment of these men must be exceedingly severe, if the masters proceeded to convict them. It was not their wish to tear them from their familles, and send them for two or three years to a loathsome gaol. He therefore said, if these men were sincere, would come into Court with that contrition which was expected from them, plead guilty, and throw themselves on the mercy of the prosecutors, those prosecutors had no wish to pursue them to a severe punishment, unless they should offend again.

Mr. Garrow said, it will be well for these men to remember, that this is not the conclusion of the business, it is only the evil day postponed. It is only punishment remitted; if they behave as good members of society, this offence will not be included in the catalogue of their sins; but if they do not, it will increase the score of their offences. These men are to understand, that if they do not offend again, they will not be brought up for punishment; but it is also to be understood, that this favour is extended to them on condition that they shall not enter into any new conspiracies themselves, but on the contrary, that they will do their utmost, by their influence and example, to prevent the like in others. In short, he added, it is a sincere repentance that we ask for, and that repentance to be shewn by their good conduct, for the benefit of the trade in general.

Mr. Recorder. - The counsel for the defendants seems to have taken a part which certainly does his feelings much honour, and I hope may be of essential service to the public. If we impose a severe punishment on the parties, when the combination is at an end, we, in fact, do an injury to the public, because we are depriving them of the advantage of a great many honest sober citizens, of men who, having once done

wrong, are disposed to do right. The law knows no resentment against the persons of individuals; it is the crime alone which the law seeks to punish; but if these prosecutions were to take effect, and were to punish these men, the only way would be to send them to a gaol, where, in all probability, they would form very bad connections, and the public would be very materially injured by the enforcement of these kind of prosecutions.

The conduct of counsel for the masters does them equal honour, and the prosecutors have shewn lenity to these men; but at the same time that they have shewn that lenity on those grounds upon which a public man ought always to act as to individuals, they have abandoned any private resentments that might have existed in their minds against these men. In short, public advantage seems to be the only motive of these prosecutions; and the masters are now ready to shew the defendants every favour they can, upon condition of their behaving better in future. It is necessary something should be held over the heads of these people, by way of terror; and after what has been said by the Counsel for the prisoners, I should hope there will be no occasion on the part of the masters, to bring forward against them the Judgment of the Court.

The Defendants then retracted their Plea of not Guilty, and pleaded Guilty .

Their recognizances were respited till further order.

Reference Number: o17891028-1

The three following prisoners who had been capitally convicted at former sessions, and at the last sessions refused his majesty's pardon, and were ordered for immediate execution, were again brought up, and received the said pardon, on condition of being transported for life, viz.

William Davis , Edward Crowder , Thomas Chaffey .

Thomas Girling for stealing money out of a letter, whose sentence was respited last sessions, was brought to the bar, and sentenced to be transported for seven years.

The following prisoners, who had been capitally convicted at former sessions, were put to the bar, and received his majesty's pardon, on condition of being transported for their natural lives. viz,

Edward Glynn , William Sutton , Francis Evans , James Green , William Coombes , John Dudley , Thomas Wilmot , John Price , William Poynton , John Wright , William Charlton alias Charington , Michal Conner , John Happy .

Reference Number: s17891028-1

The Sessions being ended the Court proceeded to pass Sentence as follows.

Received sentence of death, eight, viz.

Henry Lloyd , John Daniels , William Cunningham , David Braithwaite , John Richardson , Nicholas Duke, John Cave , and John Partington .

To be transported for fourteen years, one,

Mary Tucker .

To be Transported for seven years, forty,

Nicholas Rogers , James Holloway , William How , John Giles , Robert Wells , Joseph Inkins , John Cargill , Jane Edwards , James Scott , James Lice , Thomas Rumbald , John Ward , Robert Gurney, Joseph Connoway , Elizabeth Rimes , Michael Simpson , Mary Stults , John Preston , David Davis , Robert Capon , John M'Ginnis, William Pinnel, John Eady , John Walham , Mary Jones , Martha Bates , Sarah Woolley , Ann White , Henry Pudney , Jane Elley , Andrew Banks, Mary Leary , Elizabeth Davis , Barnard Walford , John Nicholson , Edward Jones , John Harris , Mary Walters, John Tucker , Ann Griffiths .

To be imprisoned three years, one,

Thomas May .

To be imprisoned two years, one,

Robert Sharp

To be imprisoned one year, two,

Elizabeth Berry , Ann Birt .

To be imprisoned six months, two,

William Simpson , Ann Cramp .

To be imprisoned three months, two,

John Frazer alias Frazier, Anthony Eltston .

To be imprisoned one month, one,

Elizabeth Dawson .

To be whipped, eight,

John Jones , John Fuller , Thomas Franklyn , Richard Smith , James Davis , William Shaw , James Conner, William Webb .

Reference Number: s17891028-1

The three following prisoners who had been capitally convicted at former sessions, and at the last sessions refused his majesty's pardon, and were ordered for immediate execution, were again brought up, and received the said pardon, on condition of being transported for life, viz.

William Davis , Edward Crowder , Thomas Chaffey .

Thomas Girling for stealing money out of a letter, whose sentence was respited last sessions, was brought to the bar, and sentenced to be transported for seven years.

The following prisoners, who had been capitally convicted at former sessions, were put to the bar, and received his majesty's pardon, on condition of being transported for their natural lives. viz,

Edward Glynn , William Sutton , Francis Evans , James Green , William Coombes , John Dudley , Thomas Wilmot , John Price , William Poynton , John Wright , William Charlton alias Charington , Michal Conner , John Happy .

N. B. William Parrot alias Price was too ill to be brought down.

Reference Number: a17891028-1

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