Old Bailey Proceedings, 9th December 1789.
Reference Number: 17891209
Reference Number: f17891209-1

THE WHOLE PROCEEDINGS ON THE KING'S Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the City of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex, HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday, the 9th of DECEMBER, 1789, and the following Days;

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

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

NUMBER I. PART I.

LONDON:

Printed for E. HODGSON (the Proprietor); And Sold by J. WALMSLAY, No. 35, Chancery Lane; 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 PICKETT , LORD MAYOR of the City of London; the Honourable Sir WILLIAM HENRY ASHURST , one of the Justices of his Majesty's Court of Kings Bench; the Honourable Sir RICHARD PERRYN , one of the Barons of his Majesty's Court of Exchequer; JOHN WILLIAM ROSE , Esq; Serjeant at Law, 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.

James Maidment

John Cooper

David Evans

James Cardiff

John Allcock

John Wallis

John Davis

Thomas Maidment

James Smith

Thomas Nannett

Joseph Giles

James Bennett

First Middlesex Jury. *

* George Mason served a short time on Friday.

Robert Whitfield

John Thompson

Joseph Philips

George Beard

Robert Muffin

James Unsworth

William Bailey

Robert Pesborough

William Reynolds

George Fife

Adam Dunford

William Cook

Second Middlesex Jury.

James Tregent

William Lenden

David Bray

Richard Clarke

Tho. Howlett Warren

John Waghorn

James Wild

Benjamin Smart

Edward Johnson

Christopher Emmett

John Bundey

John Pinchback

Reference Number: t17891209-1

1 D'ARCY WENTWORTH was indicted for feloniously assaulting John Pemberton Heywood , Esq . on the king's highway, on the 10th day of July last, in the parish of Finchley, and putting him in fear and danger of his life, and feloniously taking from his person, and against his will, a silk purse, value 1 s. a base metal

watch, value 40 s. a steel chain, value 1 s. four cornelian seals set in gold, value 8 l. a red morocco leather tweezer case, value 1 d. six guineas, a crown piece, and nine shillings, and a piece of foreign copper coin, value one farthing, his property .

JOHN PEMBERTON HEYWOOD , Esq. sworn.

I was robbed on the 5th of July last, on the highway; I left Lincoln's-inn a little before eleven o'clock; I was going into the north; there was another gentleman with me in a post chaise; it was a very rainy morning; nothing particular happened till we got to Finchley Common ; when the first thing I observed, was two men rode up past the chaise, one on one side, and the other on the other, and called out stop! stop! not having the least idea of a robbery at that time of day, I let down the window, and called out, what do these fellows want? the gentleman that was with me in the chaise, called out, want! d - n me, why we are stopped and robbed; the man who was less than the prisoner, was on a bay horse; the other man, whom I took to be the prisoner, was mounted on a black horse; and the other man rode up to the side of the chaise, and presented a pistol, and said, your purses, your purses; they both presented a pistol; then the taller man that was on my side of the chaise, who staid longer with the postilion than the other, came to my side of the chaise, and presented a pistol, and said, your purses, your purses; he first asked me for my purse. I said something to him, that I was surprised at such a thing happening at that time of day; he immediately said, no talk, your purse I immediately gave him my purse, in which there were six guineas in gold, and some silver; I cannot say exactly the quantity; but I remember there was six guineas in gold, and some silver; as soon as he had my purse, he said, your watches gentlemen, your watches; the other man had taken my companion's watch; I told him I had no watch; he said, no watch! and I said, no, I never travel with a watch? and he said, pho, pho, I know who you are very well; I know you do travel with a watch, give it me; I thought before I denied having a watch any more, that I would look down, to see if it was visible; and I looked down, and saw the seals hanging on my thigh; then I said, if you know so much about the matter, you must have the watch; and I gave him my watch; there were four seals, three cornelian, and one white chrystal set in gold; then he said, now Sir, your rings; and I said, rings, Sir, we have no rings; he seemed to be satisfied with that; he said, your pocket books; he said, you must have pocket books; and I pulled out a red morocco tweezer case, and said, you; surely will not take it? and he said, no; and I was going to put it back; and he said, yes, I will take it too, and there was an imperial farthing in the tweezer case, a pen knife, and a pair of scissars; I mentioned that in my examination at Bow-street.

Look at the prisoner, and tell the gentlemen of the jury whether you can swear positively that he was the person that committed this robbery? - I do verily believe the prisoner to be the man that committed the robbery; I had seen him before, and I was very much struck with the circumstance of his saying, that he knew me; and when he was gone I began to recollect what highwayman it was likely I should know; and seeing the prisoner at York, which I once or twice had the pleasure of doing; I said to the gentleman that was with me, if I was not sure that D'Arcy Wentworth was out of the kingdom, I should be sure it was him; I knew that considerable pains had been taken by myself, and others to get him out of the kingdom; I did at that time think he was abroad: I had some reason to think it; I have mentioned to you, that while he was arguing with me about my watch, he held the pistol to my head, and I said, Sir, we are totally unarmed, and can make no defence, therefore I should be obliged to you to point the pistol another way; upon which he turned his horse a little, and either by accident or the wind, the crape flew up, and I saw the lower part of his

face very distinctly, about as far as his nose; I saw across his face, and I saw the lower part of his face very distinctly.

Then you cannot positively say the prisoner was the person? - Whatever strong belief I might have in my own mind, as I did not see his face, I certainly would only chuse to say what I have said, that I do believe him to be the man, but I did not see his face; he has a pretty strong Irish brogue, as you will hear, if you hear him speak.

You had some knowledge of the prisoner before? - Yes, my lord, he was at York some time, and during one summer assize, I saw him repeatedly at Mr. Sinclair's house, that was four or five years ago; he lived at Mr. Sinclair's house then.

Mr. Garrow, Prisoner's Counsel. Mr. Heywood, I am very glad that in the latter part of your examination, a circumstance has come out, as it explains what you said of knowing the prisoner at York, because, when Barristers talk of knowing a prisoner at York, it makes impressions; I believe when you knew him, it was in the character of a gentleman visiting at a very respectable house in the country of York? - Certainly, it was, and very respectably he behaved; I thought him a very agreeable young gentleman; I know he was introduced by a very respectable gentleman; I believe he is of an excessive good family in Ireland.

You have given your evidence, as all of us, who know you, expected you would, with great candour and fairness; is not the appearance of the prisoner exceedingly altered from that which you remember to have seen of him at York? - Yes, he is grown much larger and stouter.

But the opinion you took up was from the circumstance of having known him before? - Yes, and which circumstance, I am told, made a much greater impression upon me than it should; for I am told it is a very common thing for them to say that they know people: I never saw him since the robbery, till I saw him at Bow-street.

Now, Mr. Heywood, I must ask you a question, which we frequently ask witnesses, to discredit their testimony; you will do me the justice to believe that I do not ask it you with that intention; soon after the robbery did you meet nobody on the common that you might have communicated this to? - I had the pleasure to meet you, Sir, on the common soon after.

And very kindly let me go on to be robbed, I believe? - I had no idea that you would be robbed.

I had the good fortune to escape your kind wishes? - I dare say you had; I do not think you was in any danger of being robbed.

Court. Would the prisoner say any thing.

Mr. Garrow. No, my lord, I would not advise him to say any thing on this occasion.

Have you any witnesses.

Mr. Garrow. No.

NOT GUILTY .

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

Prosecutor. My lord, Mr. Wentworth the prisoner at the bar, says, he has taken a passage to go in the fleet to Botany Bay; and has obtained an appointment in it, as assistant surgeon , and desires to be discharged immediately.

Court. Let him be discharged.

Reference Number: t17891209-2

2. JOHN WILLIAMS otherwise MILLER and WILLIAM WILLIAMS were indicted for feloniously assaulting Richard Capper , Esq . on the 19th of November , on the king's highway, and putting him in fear and danger of his life, and feloniously taking from his person and against his will, a watch, with the outside case made of base metal, and the inside case base metal and fish skin, value 20 s. a stone seal set in gold, value 10 s. a brass key, value 12 d. a ribbon, value 12 d. a hook, value 6 d. and two guineas, and a

half guinea, and thirty shillings, and ten six-pences, his property .

(The case opened by Mr. Garrow.)

RICHARD CAPPER , Esq. sworn.

On the 19th of November, about twelve at noon, going over Stanmore Common , I was met by two highwaymen, one went to my coachman, and held up a pistol to him, before the horses, the other came to the side of the coach, and presented a pistol to me; nobody was in the carriage with me; he then demanded my watch and money; I told him I had no fire arms, and begged him to take away his pistol, which he immediately did; I then gave him two guineas and a half in gold; he said that was not all I had; I said, it was all I had; he said, he would see; I told him it was all I had; but he said, I will see; and he put himself into the coach; I said, I have some silver, but that is not worth offering you; he said, I will have it; and I gave him thirty-five shillings in silver; he then asked me for my pocket book; I took it up and opened it, and shewed it to him, and I unfolded all the letters that were in it, to let him see if there were any notes in it; he looked over me, I put it on the side of the carriage; there were fifteen or twenty letters which he opened; he then demanded my watch; and I told him it was a metal one, it would distress me, and do him no good; he then said, I will have it; I held it up, and I thought he put his hand down as though to the pistol, and I then told him, I told you I had no fire arms, and if you will have it you must; it is a metal watch, the inside case is metal, the outside case made of black fish skin; the maker was Thomas Mudge , No. 436; there was a purple ribbon chain, not a common ribbon, there was one seal set in gold, a watch key, and a hook: nothing more passed; and they rode away; I should think this must take up about ten minutes; the person who came to the carriage had no disguise; it was a very fine day; this prisoner, who is indicted by the name of William Williams otherwise Crew, he is the man I had the conversation with, and who robbed me, and took these things from me.

Had you opportunity enough to swear to the other? - No, I had not; I saw very little of him.

Do you believe the prisoner, William Williams otherwise Crew, to be the man, or do you entertain any doubt at all? - I have no doubt at all; I never saw them from that time till now; I had a letter that two men were taken for other robberies, in Hertfordshire, and I went to the justices, who committed them, and the next morning I saw my property in the custody of one Michaels; I saw the horse at Elstree; I had made so much observation of the horse, that the prisoner rode, that I was satisfied it was the same horse.

Have you any doubt of it? - I would not swear to it.

WILLIAM KING sworn.

I am coachman to Mr. Capper; I drove his carriage on the 19th of November; as my master was going to town in his coach, about twelve, he was stopped by two highwaymen, upon Stanmore Common, near Stanmore; one stood before me with a pistol, and the other with another pistol at the coach door, and demanded my master's money and watch; I saw the man sometime with my master, about five minutes, it might be longer.

Did you observe the persons of either of the men that stopped your master's carriage? - The prisoners are the two men; I have seen them; I am certain sure they are both the two men; I never saw them since, before to day; their horses were very wet and dirty; one horse had a star in his face, and his ears put back; I have seen the horses that the prisoners rode, but I cannot swear to them; I saw the prisoner Crew put my master's watch into his pocket.

ROBERT BYGRAVE sworn.

I am a smith and farrier; I live at Elstree;

through information of a robbery being committed in Hertfordshire, I pursued these highwaymen, on the 19th of November, between the hours of eleven and twelve, I believe it was when I set out after them: I pursued them from Elstree, from my own door; I took the road about two miles from the St. Alban's-road; I found the prisoners at Pinner; they returned back again, and crossed the Common; it is between three and four miles from Stanmore Common; I found them at a publick-house, in a room together.

What were they doing when you went in? - They were standing with their backs to the fire when I went in; nobody was with them; I found the horses in the stable before I found the prisoners.

Was you present when either of the prisoners was searched? - Yes, close by; that was at a publick house before a magistrate.

Who was that magistrate? - Colonel Miles.

State what was found on either of the prisoners? - I cannot particularly state it, but the property was found on both of them; they are here (produced); there were three watches found concealed in the hat of Crew; and these two purses were found, but I do not know which on either; there is another purse that was found in the room; this handkerchief was found on one of the prisoners; that purse was found in a closet in the room, with pistol bullets at one end, and powder at the other; these keys were found upon them; there was another watch found upon them, which I have not got; and a brace of pistols were found on each of them; I do not recollect any thing was found.

Was East with you at the time? - Yes.

JAMES EAST sworn.

I am servant to Mr. Phillimore; my master was robbed in Hertfordshire; I joined with Mr. Bygrave in the pursuit of the highwaymen; I went with him to the public-house at Pinner, where they were found; I went into the room with him, and saw the prisoners; and I found a purse upon each, and a loaded pistol upon each; the pistols are here; they were loaded with powder and ball.

WILLIAM PHILLIMORE sworn.

I saw the two prisoners searched; they were both dead drunk; one of them took off his hat, and was laying it down on the table; I took hold of it; and in the lining of it, puckered up in the new fashioned way, were three watches; the one I took out, which I knew to be my mother's and these are the other two, which were delivered to Mr. Bygrave.

(The watch deposed to by Mr. Capper.)

I have no doubt of it.

Court. Prisoners, what have you to say.

Prisoner. Our distressed situation prevents us from speaking; I have wrote a few lines, if you will permit the clerk to read it.

Court. Is it your hand writing? - Yes.

(Read.)

"It was not from any desire in us to evade justice, that we, at our arraignment, pleaded not guilty; but from a wish that every circumstance attending the commission of the offence with which we stand charged, might be made known to the Court and the Jury; and that we might have an opportunity of informing your lordships of our conduct and character in life, previous to that day, when we unhappily first thought of resorting to so unjustifiable a means of procuring money.

Our situations in life, since we left home, have been that of servant s to different gentlemen, in which character we faithfully endeavoured to discharge every duty, of which, we hope, those whom we served, will now bear testimony. We are not old offenders. We are not, I assure your lordships, hardened in iniquity; and the grief under which we at present labour, is not because we are detected thus early in the commission of our crimes, but because we have so widely strayed from that golden rule, which from our infancy we were

taught, of doing to others, as we would they should do to us. We fear it is now too late to hope for such an extension of the royal mercy, as to afford us an opportunity of convincing this part of the world, of our contrition of mind, and the reality of our repentance. But we do humbly presume to hope, that the gate of mercy will not be wholly shut against us. We have made no bad connections; we are not experienced in the practices of vice; we are very young men. The distress we have occasioned our parents and friends, is a source of the most painful reflection to us. Every possible lenity and indulgence we have experienced from those who are under the necessity of prosecuting us; and we hope to meet their forgiveness for the injuries we have done them. Should mercy be extended to us, our future conduct shall, as far as it is possible, atone for those offences which have reduced us to the disgraceful situation in which we now stand."

The prisoners alledged, that their trial coming on sooner than they expected, their witnesses were not present.

JOHN WILLIAMS , alias MILLER, aged 19, WILLIAM WILLIAMS , alias CREW, aged 20,

GUILTY, Death .

Prosecutor. I beg leave to recommend the prisoners to mercy; one of them I know has respectable connections; they used no particular violence .

Court. Had they the appearance of being drunk, when they robbed you? - They behaved with no particular violence.

You have reason to believe that they have been reputably brought up? - Yes, my lord.

Jury. We wish to join in the recommendation, on the same ground.

Mr. Wells. My lord, I saw several gentlemen yesterday, who said they would come to speak for them.

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

Reference Number: t17891209-3

3. JOHN MAYO, alias CHARLES MORTIMER , was indicted for feloniously assaulting Ann Newbury , on the King's highway, on the 6th of November last, and putting her in fear and danger of her life, and feloniously taking from her person, and against her will, a piece of green baize, value 6 d. a cotton gown, value 10 s. her property .

ANN NEWBURY sworn.

I was robbed the 6th of November last, the corner of Ayre-street, Piccadilly , between the hours of ten and eleven; I had a gown with me, wrapped up in a piece of green baize; it was a flowered, cotton gown; the robbery was committed only by one man; no words passed; a man came up to me, and snatched the gown from me in a violent manner; to the best of my knowledge, it was the prisoner but I cannot swear to him; I know nothing more, the same man was brought back to me with the gown, by John Drew .

JOHN DREW sworn.

On the 6th of November, between ten and eleven, I came up close by the prosecutrix and the thief, the corner of Ayre-street, Piccadilly; and just as I passed them, I heard a woman cry; and I immediately turned round, and saw the prisoner taking a bundle from her; I am sure it was the prisoner; I turned round, and saw him, before he got the bundle from the prosecutrix; and I ran after him; I never lost sight of him; I ran into Ayre-street, and Castle-street; at the farther end of Castle-street, he could get no farther, and he threw down the bundle; and I took him there; he had ran past the thoroughfare.

Did you see him throw the bundle down? - No, I did not; I took him within two yards of the bundle; and there was nobody at the same time by, nor for three or four minutes afterwards; these are the things that were in the bundle they have been in my possession ever since.

(Deposed to by the Prosecutor.)

I know the gown; I cut it out, and made it; and I will swear to the baize.

Mr. Keys, Prisoner's Counsel, to prosecutrix. I am informed you had this bundle snatched from you? - Yes.

The person said nothing at all to you? - No, Sir.

The prisoner is an intire stranger to you? - Yes.

You never saw him before that night? - Never, to my knowledge.

To Drew. What sort of night was it? - Rather a moon light, but the moon was rather in a dulness; I was about five yards before the lady; the prisoner ran up Eyre-street; I am sure there were no other persons there; there were two turnings between Piccadilly and King-street; he turned first into Eyre-street, then into Castle-street; I never lost sight of him; I was within twenty yards of him.

Who directed this indictment, you or the lady? - The lady put in the indictment.

With respect to this being a highway robbery, you know there is a reward I suppose? - No, I do not.

You do not know there is a reward of forty pounds? - No, I do not.

Who directed this indictment for a highway robbery, you or the lady? - The prosecutrix; she was then at Hicks's Hall.

To Prosecutrix. Did you direct the indictment for a highway robbery? - Yes.

PRISONER's DEFENCE.

I was going from my work in Charles-street, Westminster; I supposed my master would be here; he is not; I stopped in the Hay-market at half past eight, and drank part of two pots of beer; and from thence went down to Piccadilly, to a public-house there, to a friend of mine; he was not at home; I went from there up the haymarket; I went to look for the foreman of a shop in Glass-house-street, to enquire whether I should be wanted; in the next street, at the top of Eyre-street, Piccadily, seeing the lady and this man together, coming down Eyre-street; a man went up to this lady; they were there for a moment; I saw the man run; the lady screamed and run; I ran almost down to the top of Castle-street; the rim of my buckle flew off; this man came and caught hold of me; and asked me what I had done with the bundle; he said he saw no thief but me; he caught me by the collar, and I was taken down to the watch-house; my witnesses are not here; it was not ten o'clock; the watch was not set.

Court to Drew. Were there two persons running before you, or only one? - Only one; I swear positively; it was rather better than half past ten.

Jury. Had the person you was pursuing, a bundle under his arm? - Yes.

Prisoner. That was my own coat? - I am sure it was the prisoner; I saw a bundle on him while I pursued him; I never lost sight of him.

GUILTY , Death .

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

Reference Number: t17891209-4

4. ELIZABETH BAGNALL, alias NASH , was indicted for feloniously assaulting on the king's highway, Sarah, the wife of Samuel Stokes , on the 19th of November , and putting her in fear and danger of her life, and feloniously taking from her person, and against her will, one silk handkerchief, value 3 s. the property of the said Samuel .

SARAH STOKES sworn.

My name is Sarah Stokes ; my husband's name is Samuel Stokes ; he is a carpenter and joiner ; on the 19th of November, on Thursday night, at past twelve o'clock, I was coming along Berners-street, near Oxford-street , and two women followed me, and asked me for my money? I told her I had none; they continued to follow me, and ask me for my money; the prisoner was one of the women; I told her I had none, and if I had, I would not give it her; the prisoner immediately knocked me down, stripped me of my

handkerchief, and tried to get off my gown, and beat me very much, and left me almost dead; before I could call out watch; the other woman held my legs, while the prisoner stripped me of my handkerchief, and tried to get off my gown; she got my silk handkerchief; I never saw it again; I called out watchman, as soon as I possibly could; and I got hold of the prisoner by her petticoats, crawling on my knees; and the watchman came up to my assistance, and I charged her with the watch; the other woman got off; a coachman opposite to where I was knocked down, called the watch before I could; I received a blow on my forehead; I remember getting hold of the prisoners petticoats on my knees; I cannot say what passed at the watch-house.

What was the value of the handkerchief? - I valued it at three shillings; I was beat most violently, and left almost dead.

Court. Where was you going, and from what place? - My husband is a person that lives very regular, but he was rather late that night, and I went to seek for him; I did not find him.

What house had you been to? - To several houses where I knew he used.

What was the last place? - At a public-house opposite Berners-street, but the name I do not know; it is the corner of Berwick-street; I do not know the direct sign of the public-house, nor the name; I live at No. 16, Charlton street, Clipston-street.

MATHEW WELLS sworn.

I am a hackney-coach-man; I was sitting with my horses about half past twelve, and I saw the prosecutrix and two women coming down Berners-street; they were speaking together, but what the words were, I cannot tell; but the prisoner knocked the prosecutrix down; there was another woman with them; the three seemed as if they were in company together: the other woman fell upon the prosecutrix, after the prisoner knocked her down; then whether it was a handkerchief or a cloak, I could not be positive, as I sat on the box, that she took from her; but the prisoner was the woman that dragged it off her neck; and then I called the watchman; I did not go to the watch-house with them.

Did this happen in Berner-street? - Yes.

Was it a moon light night? - No, it was not; I saw by lamp light, and by the watchman's lanthorn, which he held up for the purpose of my being satisfied that that was the woman.

Is the prosecutrix the woman? - She is.

Did you see the prisoner do any thing else? - Not besides knocking her down.

Did you see the prisoner attempt to take any thing else? - No, I cannot say I saw any thing done to the gown.

Are you sure, by the light of the lanthorn, that was the woman? - Yes, and by the watchman's bringing her back.

CHARLES ELLIOTT sworn.

I only took her into custody: she was examined the next morning, between ten and eleven; she was brought to the watch-house by Thompson.

Court to Prosecutrix. Did you ever prosecute any body for a robbery before? - Never in my life.

Court to the Coachman. Have you? - This is the first time that I ever was about any such thing, and I hope it will be the last time.

Do you know whether there is any reward for this prosecution? - I do not know I am sure; I do not know any thing about it; I do not do it for the lucre of gain.

You have not heard that there is a reward? - I have heard nothing at all about it.

Do you know who this prosecutrix is at all? - Her husband has worked for a gentleman that is in the same yard where I have worked this twelvemonth; I saw the woman once before at a neighbour's house.

Court to Prosecutrix. Have you heard of any reward? - No.

PRISONER's DEFENCE.

About twelve o'clock, I came out with two more market women; I bid them good night; I saw several women stand, misfortunate women like that; I know that woman positively well; she has bought fruit of me; seeing her roll over and over in the mud, my heart felt for her, and I took up her two slippers from the mud; and the coachman came up in the mean while; as for touching a thing belonging to her, I never did, but her shoes; them I picked up out of the mud; one I put on her foot up at the heel, and the other I could not get up; she had neither bonnet, nor cloak, nor handkerchief, but was intirely rolled in the mud; at the watch-house, I was searched naked; and the next morning, coming through Soho-square, a gentleman came up to the two watchman, and she being so muddy, says the gentleman, is this the woman that was making such an uproar so long last night, and rolling about in the mud? yes, says one of the watchmen, it is; she was undoubtedly very troublesome there; she was so much in liquor, she lost her shoes going to the watch-house.

Court to Prosecutrix. Was you in liquor at that time? - No, I was not; she beat and bruised me in that manner.

Court to Coachman. Was the prosecutrix, the carpenter's wife, at all in liquor? - Not that I discerned at all; the blow she gave her, stunned her; she could not call the watch; she hit her in the face, which knocked her down.

You say you know the prosecutrix to be the wife of a carpenter? - Yes; she is a very well behaved woman; I never saw her in that line of life; her spouse has worked for Mr. Harefall and Mr. Johnson, for seven years.

Prisoner. I have no witnesses; there was nobody by of my acquaintance; there was some of her acquaintance, that walk about where she does, that were laughing at her at the time; they walk in Adam and Eve-court, where she walks herself.

William Thompson called on his recognizance, and not appearing, his recognizance was ordered to be estreated.

GUILTY , Death .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17891209-5

5. WILLIAM STANWORTH was indicted for stealing, on the 6th day of November last, forty-five pounds weight of lead, value 5 s. belonging to Samuel Windmill and William Townsend , affixed to a certain building of theirs , against the statute.

The prosecutors declining to call any evidence, the prisoner was

ACQUITTED .

Reference Number: t17891209-6

6. WILLIAM MOSS was indicted for feloniously stealing, on the 30th of November last, two live heifers, price 6 l. the property of John White .

JOHN WHITE sworn.

I live at Edmonton ; on Monday morning, my man informed me that I had lost two heifers; I went with the man, and tracked the way to London; I sent my son to Smithfield, and followed him, and found my heifers with Mr. Earle the salesman; I waited, and about eleven, the prisoner came; I laid hold of his collar, and asked him how he came to steal my beasts? he said it was necessity; it was at Smithfield, the 30th of November; I caused the prisoner to be taken before my lord mayor; and I swore to the beasts; the prisoner begged I would not hurt him; I told him I must follow the law of him, for the good of myself, and the neighbours; I charged him before my lord mayor, and he was committed; the heifers were marked with a brand mark in the horn, I. W.; I saw them in George-yard; they were the very same I lost; I could know them from a thousand.

JOHN SHEPHERD sworn.

I am servant to the prosecutor; I saw the heifers over night, in the field, on the 29th of November; I missed them first, next morning, about half after seven o'clock; I knew nothing of the prisoner before; I saw the gate of the field had been forced open; I observed the tracks of their feet towards London; I went to London after them; my master followed me on horseback; I went on foot; he found them first; I did not see them till they had come to St. John-street; I have no reason to charge the prisoner.

JOHN WOOD sworn.

I was coming with a drove of beasts from Islington, and the prisoner came and asked me if I did business with Mr. Earle? I said, yes; he said, I have two heifers for your master; and I tied them up; my master sells cattle in the market of Smithfield; then the prisoner left them against the rails; and Mr. White's son came in the morning and claimed them; then I locked them up in the George yard; Mr. White took them out, and delivered them to his man.

GEORGE WHITE sworn.

I am son of the prosecutor; my father sent me in pursuit of the heifers; and I found them in Smithfield, tied up to the rails; I told Mr. Earle they were my father's, and he sent his man, and locked them up; they were carried home; I know nothing of the prisoner.

THOMAS BUCKWELL sworn.

I am the constable; on the 30th of November, a few minutes after eleven, I and Earl were in Smithfield; John Wood comes after me, to take a charge on felony that was at the Crown in Smithfield; there I saw Mr. White the elder, and the prisoner; Mr. White said, that is your prisoner, officer; I immediately took him into custody; and as we were going to Guild-hall, the prisoner owned the guilt to me, that he did it through mere necessity; and had not been in bed for some nights, nor had any victuals to eat.

Previous to that, had Mr. White, or you, or any body, persuaded him to confess? - No; I never extorted a confession from him.

This confession came a voluntary act of his own mind, without any promises or threats? - None at all; he acknowledged he had taken them, but through necessity; and he begged of me, to speak favourably of him to Mr. White; after he was committed from my lord mayor, going to the Poultry-compter with him, he begged of me to let him go; I said it was more than worth my place; that is all I know about it.

JAMES HALL sworn.

I know no more than the last witness; there were no promises or threats, to my knowledge.

Prisoner. I have nothing to say; I have no friend.

GUILTY, Death .

Prosecutor. I with to recommend him to mercy ; I should be sorry he should be hanged, if you could help it.

Court. Make a minute of that. Will the jury join in the recommendation.

Jury. Certainly, my lord.

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

Reference Number: t17891209-7

7. ANN TAYROR and ELIZABETH WYLIE were indicted for feloniously stealing, on the 1st of December , four pieces of cambrick, containing thirteen yards, value 3 l. the property of Ann Tapp , and Anna Maria Tapp , privily in their shop .

ANN TAPP sworn.

I live in St. Martin's-lane ; I keep a muslin and ready made linen warehouse ; on the 1st of December, I lost four papers of cambrick; there was nobody in the shop, but the prisoners; they came in to buy a neckcloth; and when they were paying for it, they came to look at another

neckcloth that lay in the window; two other women came in, while they were in the shop; I turned round to speak to them other women, and I thought I heard something move, while I was speaking to them; I fancied they took the cambrick; I missed it directly; my father came in; I told him; and what passed after, was between my father and them.

Mr. Garrow, Prisoner's Counsel. How long before, had the other women came in? - While they were chusing the first neckcloth, which the prisoner Taylor bought and paid for.

Was your father in the shop? - No.

I believe you gave a signal for your father to come? - I gave no signal at all; he happened to come.

Did your father desire these two other women to appear before the magistrate? - No, they did not.

You was before the magistrate that evening? - I was.

Did you, or not, to any body before the magistrate, express your opinion, that the other two women had taken your property? - No, indeed I did not.

Recollect yourself? - I did not.

Do you recollect speaking to a person of the name of Roberts, belonging to the gaol? - I did not.

You did not say any thing in his hearing? - Yes, I might.

You did not, however, say, that you had reason to believe that the other two women stole your cambrick? - I did not.

The prisoner Taylor bought some cravats? - She bought one, and paid for it.

Do you remember some papers being picked up on the floor? - There were some papers picked up; it was the papers of cambricks; the papers in which these cambricks were contained.

I believe you said that was immaterial, these were only waste papers? - I never said so; somebody said it, but I cannot say who.

But these papers contained the very cambrick that you were in search after? - They did so.

You know that this indictment imputes a capital offence to each of these prisoners? - I do not know the manner of an indictment at all.

You did not know, perhaps, that this indictment affected the lives of the prisoners? - I did not; I should be very sorry.

I verily believe it; there are many reasons why you should be sorry; I believe before the prisoner Taylor had well got to the window, you asked her some such words as these; you asked her to give you the cambricks? - I did not.

What did you first say to her? - I told her that either one or the other must have taken the cambricks; I never said I will thank you for these cambricks; she said, she had no cambricks.

In point of fact there was no cambricks in her possession? - There was not.

Your father has been in very distressed circumstances: on the oath you have taken, is this trade carried on for your sole benefit; or whether it is not for your father's? - It is not; it is for my sole benefit, and my sister's; her name is Anna Maria , my name is Ann.

You are in partnership? - Yes, she is in partnership with me, and no other person; my father has no interest in the business at all but what I chuse to give him; it is one thing to assist a father who is in distress, and another to be a partner.

Did not your father set you up in this business, and has not he a right to demand against you and your sister a certain proportion of the profits of this trade? - It is not so; it never was so; the trade is quite independent of my father; he is not answerable for any thing that goes in, or any thing that goes out.

How many more persons were in at the time this happened? - Nobody but myself.

FRANCIS TAPP sworn.

On the first of this month, I heard a noise in my daughters shop; I went to see, and I saw four women in the shop, two of which she told me had taken four pieces of

cambrick; they wanted to go out, and I would not let them; the two women that came in last were standing by the door, and the two that we supposed the cambrick was upon, were standing one behind the counter, and the other at the shop door; I pulled them away from thence, and put them into the middle of the shop; after they were there I observed to all the four that there was nothing dropped about the counter, or any part of the floor, it was all clear; I knocked my foot for the servant, to send for a constable; the servant did not come; I ran across the shop to the bell, and she came; we got a constable; he brought Mr. Thomas Mumford , and just as he came in one of the women that sat by the fire side came to me, to ask me to let her go, she knowing nothing of them; and during that time, the two prisoners ran up to the counter; one of them said, Lord bless me! here is some waste paper lays; I pulled the prisoner Wylie away, but to say which of them dropped it, I cannot say; it was between them both; that was the opposite side of the counter; I told them that was the very thing they had been challenged with; upon that, the prisoner Taylor desired I would take them up; I told her, no, I would wait now the constables were coming in; but one of them took them up, I do not know which; the constable came in; and he said, it was very necessary the stuff should be measured, and the papers marked; I marked thirteen yards.

Court. What is the worth of it? - Three pounds.

Mr. Garrow. Are you any judge of its worth? - No.

Court to Ann Tapp . What is that cambrick worth? - It is worth three pounds and no more.

Mr. Garrow. Was it by your desire that this indictment was laid capitally? - No.

Every thing considered, I should have been surprised; I thought it could not; I believe you desired the other women to attend at the magistrates? - I did.

They did not attend? - They did not.

Do you recollect saying to any body that you had let the guilty persons escape? - I never said any such thing.

Never to a man of the name of Reeves? - I believe I know one of the other two persons; it is some years since I saw her; I did know her as a neighbour.

When you lived in the Strand? - Yes, I am not sure whether she is the person or not.

How came you to be at your daughters? - I board with my daughters; I was in the house, in the room backwards.

What share of this trade have you? - None, not the least in the world.

I know you are not in a situation to avow that you have? - As to my situation I beg of you not to tell me of that.

I know very well that you cannot at present legally possess any property; but I ask you, is there not an agreement between you and your daughters, that you are to have a share in the profits of this trade? - There is not, upon my oath, any agreement in no share of the profits, any more than an utter stranger.

(The property produced and deposed to.)

This is my property; it was in the shop at the time; it was what I missed.

Prisoners. Did not Mr. Tapp say at the Justice's, that he thought we were innocent, and wished to have us discharged? - By no means; I never said they were innocent; I cannot say but I said at the Justice's that there was a possibility of mistaking, but I never said they were innocent.

The prisoner Wylie called two witnesses to her character.

BOTH GUILTY, Death .

They were humbly recommended to mercy by the Jury .

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

Reference Number: t17891209-8

8. JOHN FLETCHER and MATTHEW CRUTCHFIELD were indicted for feloniously assaulting Edward M'Allester , 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 silk handkerchief, value 2 s. two guineas, a sixpence, and ten halfpence, his property .

EDWARD M'ALLESTER sworn.

I was robbed on the 21st of October, betwixt five and six in the evening, at Whitton-lane, in the parish of Twickenham .

Court. Is there any other name to the place? - Not as I know off; I was riding down the lane, and I saw two people walking before me, one on one side, and the other on the other.

Was you on horseback? - Yes; as soon as I rode up betwixt the two they laid hold of my mare's bridle, and presented a brace of pistols to my breast, and demanded my money; the prisoners are the two men.

Had you ever seen them before? - I cannot say I did, but I then knew their faces.

Was it light or dark? - It was not dark, it was getting dusk; they declared if I would not give up my money directly, they would blow my brains out; and they searched me: one of them put his hand into my pocket, and took from my pocket two guineas, and a sixpence, and a silk handkerchief; and the other took five penny worth of halfpence: I am sure the prisoners are the men.

Jury. Did they oblige you to dismount from your horse? - No, they would not let me.

Prisoner Fletcher. Who took the halfpence? - The man in the light hair (Fletcher); I knew their faces; I knew them to be natives of the place.

THOMAS CHEWSLEY sworn.

I know nothing of the robbery. I took the men.

Did you take any of the property from them that the prosecutor was robbed of? - No.

Did you search them? - Yes; I found a pistol on each, nothing else: I apprehended them at Esher, in Surrey, on the first of November, on a Sunday.

WILLIAM NUNN sworn.

I assisted in taking the men.

ROBERT SCRIVEN sworn.

I also assisted in taking the men.

JOHN WARD sworn.

On the first of November last these two men were committed to the care of my father, who keeps the house of correction at Kingston.

Court. Is there any examination returned? - No.

Who is the committing justice? - Mr. Vincent of Esher. The prosecutor came to see the men, and he said they were the men that robbed him, and that this handkerchief, which I took off the neck of Fletcher, was his.

(The handkerchief deposed to by stains in the middle.)

Court. Do you venture to swear that is the handkerchief you was robbed off? - Yes, I am sure; it is stained.

PRISONER CRUTCHFIELD's DEFENCE.

I bought that handkerchief and another, at a place near Windsor, three quarters of a year ago. I have not a friend near the place at all.

Prisoner Fletcher. Did you ever see my face? - I do not know; I have seen you. I am quite sure of the men.

Jury. You swear positively to their persons? - Yes.

Did they put their hands into your pockets, or did they dismount you? - They

did not dismount me; they put their hands into my pocket.

MATT. CRUTCHFIELD JOHN FLETCHER

GUILTY , Death .

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

Reference Number: t17891209-9

9. The said JOHN FLETCHER and MATTHEW CRUTCHFIELD were again indicted for feloniously assaulting John Bunce , on the king's highway, on the 1st day of October last, and putting him in fear, and taking from his person and against his will a silver watch, value 4 l. a steel chain, value 6 d. a steel seal, value 2 d. a stone seal, set in base metal, value 1 d. a steel key, value 2 d. a base metal key, value 1 d. a purse, value 1 s. and thirty-seven guineas, value 38 l. 17 s. and one half guinea, his property .

JOHN BUNCE sworn.

I know the prisoners; one lived in the parish where I came from, which is Teddington, a servant to Mr. Newman; that is Fletcher, the light haired one. On the 1st of October last I was robbed of my watch, and thirty-seven guineas and a half, in the parish of Ashworth , in the king's highway; the black haired one attacked me with a stick; the other had a pistol; they bid me stand and deliver my money; they demanded my money or my life; they took my watch and thirty-seven guineas, and one shilling, and a Guildford bank note of nine pounds.

Court. How came you, being a poor man, to have thirty-seven guineas and an half about you? - I had been to Brecknock fair to buy a cow; I have a large family; I have seen both the prisoners, and Crutchfield I have seen at Hampton; I have no doubt but the prisoners committed the robbery; the constable, Mr. Tewsley, has my watch here, which has my name in it, and where I came from.

JOHN TEWSLEY sworn.

I am a constable; I apprehended the prisoners at Esher, and found this watch on Fletcher; there were several other things found, but nothing else belonging to this prosecutor.

(Looks at the watch.)

Prosecutor. Here is my name and place of abode at full length; I am sure it was the watch that was taken from me.

(The watch shewn to the Jury,

" John Bunce , Teddington.")

Court. Where was he searched? - At the Three Mariners.

Prisoner Fletcher. I bought the watch.

WILLIAM NUNN sworn.

I was present at searching the prisoners; I saw the watch found on Fletcher.

ROBERT SCRIVEN sworn.

I was present also, and saw two watches found, one on Crutchfield, and the other on Fletcher; I cannot say on which this watch was found.

JOHN WARD sworn.

The prisoners were put under my father's custody; and Mr. Bunce came to see the prisoners; he said they were the men; I asked him, and he described his watch; and my father and me were sent for, to take them into custody; and I saw two watches taken from them; and I took notice of Bunce's watch, which was a new watch with a long swivel; and he went over.

PRISONER FLETCHER's DEFENCE.

I bought this said watch in Moorfields, about three weeks before I was taken.

Prisoner Crutchfield. I am very innocent.

JOHN FLETCHER - MATTHEW CRUTCHFIELD

GUILTY , Death .

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

Reference Number: t17891209-10

10. THOMAS MORGAN , aged fourteen, and JAMES SMITH , aged twelve, were indicted for feloniously stealing, on the 11th of November , a piece of silk handkerchiefs, containing seven silk handkerchiefs, value 30 s. the property of George Gardiner , privily in his shop .

GEORGE GARDINER sworn, by holding up his hand.

I live in Warwick-street, Golden-square ; I am a linen-draper ; on Wednesday, the 11th of November, I lost one piece of silk handkerchiefs, at four in the afternoon: the two prisoners came into my shop about four in the afternoon; Thomas Morgan desired to look at some Irish cloth for a shirt, and saw several pieces from one shilling to two; when I was shewing him that of two shillings, James Smith came up, and desired he would have that; at which, I perceived the corner of a piece of silk handkerchief out of his waistcoat, which I suspected to be mine; Morgan looking at him, saw the handkerchiefs, and gave him a shove with his elbow; at which time, Smith went behind, and shoved it in; upon which, knowing the particular place in the window where such a piece of handkerchiefs lay, I immediately came round to see if it was there; Smith perceiving this, ran off to the door, where I laid hold of him; I brought him in from the door, and immediately opened his waistcoat, and let the piece of handkerchiefs drop on the floor; it is here.

(Produced and deposed to by a particular shop mark, and shewn to the Jury.)

Court. What is the value of it? - Thirty shillings.

PRISONER MORGAN's DEFENCE.

I went in to buy a shirt; I had the money in my hand; I know nothing of this other boy.

THOMAS MORGAN JAMES SMITH -

GUILTY , Death .

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

Reference Number: t17891209-11

11. THOMAS ESSEX was indicted for stealing, on the 30th of October last, eight silk handkerchiefs, value 8 s. four linen ditto, value 2 s. five pair of children's leather shoes, value 5 s. a pair of children's ditto, value 6 d. the property of Mary Parker , privily in her shop .

MARY PARKER sworn.

I am a widow , and haberdasher ; I lost the things in the indictment, on the 30th of October, which was Friday, between twelve and one; I was in my kitchen, directly under my shop; the stairs go from the shop; I heard a noise in the shop; I called, nobody answered; I looked through the kitchen window, and saw a man come down the steps of the shop, with something in his left hand, like handkerchiefs; I went into the shop, and missed the handkerchiefs from the window; I ran into the street after the man, and saw him either walking very fast, or running; he was in Queen-street, Chelsea; I live in Five-field-row ; I called stop thief; he was pursued; I did not see him, when I came first to the door; he was taken about one hundred and fifty yards from my house, the corner of Clifford's-row; I saw him again there in about a minute and a half; I think it to be the same man, but I did not see him distinctly; he had two pair of children's leather shoes, and an odd shoe in his coat pocket; I verily believe the shoes to be mine; I had the fellow to the odd shoe in my shop; I compared it afterwards; I missed the number of shoes exactly, that were found upon him; I lost five pair, and an odd shoe, eight silk handkerchiefs, and linen, I missed; they were produced to me by some person; I cannot say who; I found the handkerchiefs missing on my return; I know them by the tickets of the price, in my writing; I am sure I had not sold them; I saw all the things in the shop, about five minutes before; the silk were laid folded one on another, on some rolls of flannel; the linen were spread; the shoes were on a shelf.

CHARLES HARWOOD sworn.

I am a broker; I heard the cry of stop thief; I saw the prisoner on the opposite side of the way, in Queen-street, where I was, with some handkerchiefs in his hand; they were red and white; some striped; he was running; I immediately ran after him; he turned round Clifford's-row, and turned back, and said he had the things given him; he threw down the handkerchiefs at the corner; and I saw some shoes taken out of his pocket; they were given to Mrs. Parker.

JOHN PITTS sworn.

I am one of his majesty's pensioners, at Chelsea; I took three pair of shoes out from between the legs of the prisoner's breeches: I gave them to Mrs. Parker: Taylor, the constable, has them.

JOHN TAYLOR sworn.

I produce the property.

PRISONER's DEFENCE.

Coming from Chelsea, I picked up a bundle going along; I pulled out the shoes, and put some in my pocket, and some between the waistband of my breeches; the handkerchiefs I had in my hand; I heard the cry of stop thief, and thought they were not come honestly by, and I threw them over the rails.

GUILTY of stealing, but not privately .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17891209-12

12. JOHN SHIRLEY , (aged 20) and THOMAS PARSONS , (aged 18) were indicted for feloniously making an assault in the king's highway, on William Waddle , on the 10th day of November last, and putting him in fear, and feloniously taking from his person, and against his will, a silver watch, value 1 l. a steel chain, value 6 d. a steel seal, value 1 d. his property .

WILLIAM WADDLE sworn.

On the 10th of November (I had spent the evening of the 9th of November, in Frith-street, Soho) on my return to my lodging in the City, between twelve and one, in High Holborn , I was there met by two men, whose names I afterwards understood to be Shirley and Parsons; they came up to me, and the prisoner Shirley with his left hand, pushed against my belly, and with his right hand took my watch out of my fob; he instantly gave it to the other prisoner, who stood on his right hand.

You are sure of the man? - I am sure from circumstances; I did not see his face.

Had you ever seen either of them before? - I had not; I catched at him with my left hand, and they both instantly ran from me across the street, slanting; I followed them, calling watch! thief! and I ran, I believe, twenty yards; when I seized Shirley by the collar, the watchman, whose name I afterwards understood to be Webb, caught the other man, who was still in my sight, at a very small distance from me; another watchman, named Hugh Garrell , came up; we took them to a watch-house, and they were stripped and searched, but no watch was found; but while we were there, another watchman came in with the watch, and said he found it near the place I described to be robbed at; that watchman's name is Michael Waring ; I did not attend to the searching in the watch-house.

How long did this robbery last? - At the time he shoved against me, and took my watch, it was instantaneous; they came from a street close to Bloomsbury-passage.

Can you positively say that the prisoners were the persons that took your watch? - I observed that man that took my watch, had a red waistcoat on; but he never was two yards from me, till he was taken; I followed him up close, and took him by the collar.

ROBERT WEBB sworn.

I am a watchman in Bloomsbury; I had cried the hour two, and was returning to my box; the prosecutor cried out, watch! watch! stop thief! it was the 10th of November; I ran across the street, and caught the little prisoner turning the corner of Newtoner's-street; the gentleman came up immediately, and said, this man, meaning Shirley, has robbed me of my watch, and has delivered it into this man's hands (that was Parsons): I sprung my rattle, and another watchman came up, and we took them both to the watch-house; they were both separately searched, but no watch was found upon them.

What passed after? - Nothing in particular; I searched them, but nothing at all was found upon them of the watch, or any thing of the kind: no other watchman came in with the watch while I was there.

HUGH GARELL sworn.

I watch in Holborn; I was on duty on the 9th of November; I had just cried my beat, which takes about a quarter of an hour; I heard the cry of watch, stop thief! I ran, and came up to that gentleman; William Waddle and he had hold of the prisoner Parsons by the collar; and he says, watchman, take this man, he has robbed me of my watch, and has given it to that little man; I directly took this man, and the other took the little man to the watch-house; I saw them both searched, but no watch was found upon them.

Was any watch brought into the watch-house while you was present? - Not while I was there.

MICHAEL WARING sworn.

I had been crying the half hour after twelve, and I picked up a watch, which the prosecutor owned; I picked it up at Mr. Ludgate's door in Holborn, just facing Bloomsbury-steps; I carried the watch to the watch-house; it is about three hundred yards from the watch-house, where I found the watch; hearing the report of the robbery, I carried it to the watch-house; the prosecutor was there; he said it was his; it was given to Richard Bunney , the constable of the night.

RICHARD BUNNEY sworn.

I produce the watch which was sealed up by the magistrate, and has been in my custody ever since; it is in the same condition as when I received it.

Court to Waring. Is that the watch you found? - Yes, it is the same, and I gave it to Bunney.

(Deposed to by the Prosecutor.)

Having had it ever since 1762; it was made by old Mr. Elliot, No. 2024.

PRISONER SHIRLEY's DEFENCE.

I heard the alarm of stop thief, and I ran across the way and another person met us, and they took me; I did not see him have hold of anybody else.

PRISONER PARSONS's DEFENCE.

I was going home to my bed, I heard an alarm and ran across the way, and that gentleman took me by the collar, and swore I had robbed him.

Jury to Prosecutor. Was you perfectly sober? - I had spent the evening with a few friends, but was perfectly sober.

Jury. Was it a moon-light night or a cloudy night? - No, it was not moonlight, but they never were six yards from me.

JOHN SHIRLEY , THOMAS PARSONS ,

GUILTY , Death .

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

Reference Number: t17891209-13

13. ANN GUEST , ANN YARDLEY , and SUSANNAH BROWN , were indicted for feloniously assaulting John Fogg , on the 18th of November last, putting him in fear, and feloniously taking from his person, and against his will, a metal watch, value 20 s. a silk watch ribband,

value 1 d. a steel seal, value 6 d. a metal watch key, value 1 d. a half crown and one shilling, his property .

The witnesses examined separate.

JOHN FOGG sworn.

I live in the neighbourhood of Widegate-street: I was robbed on the 18th of last month, on Wednesday, at eleven at night; I was going home; at the end of Widegate-street, the prisoner Ann Guest addressed me thus? my dear, I should be much obliged to you, if you would change me a bad halfpenny; I refused: at that instant the prisoner Yardley made a blow at me with something that cut my coat in the middle; I threw my arm out, and a man jumped across immediately, and hit me across my hand; one of my fingers bled; Yardley and Brown instantly fastened on me.

Court. Is this a public street where there are passengers backward and forward? - Yes.

And nobody happened to be passing at that time? - No: I said, do you want to rob me; I know you: and the prisoner Brown said, b - st his eyes, give him a bloody topper; the other one, Guest, said no, no: immediately as that expression occurred, with my left hand I caught hold of the wright wrist of the one that had the weapon, that was Yardley, and I held it; at the same time she advanced a pair of pattens about as high as my head, and threatened me with them; at that instant I expected to receive a stab from one or the other; I stood at that instant so easy, that a child of ten years old might have taken what I had from me; the prisoner Brown was behind, she thrust her hand into my pocket, and drew out what money there was; the other one, Guest, put her hand into my fob, and drew out my watch; I had two books, one in each pocket in my under coat pockets which they did not touch; in an instant they left me, the other one, whose wrist I held, seemed to wish the same; the spot to which they went might be about thirty or forty yards; they went into a court almost opposite this place where they attacked me; I let them advance a little distance, but I kept them in my eye; I saw the house they went into; I went immediately to the watch-house and enquired for the officer; he was not there; but a person there said they could do as well; there were five of them went; I laid hold of a staff and we all went; when we came there, we placed ourselves to the best advantage as we thought; I stood on the outside, two yards from the door, two of them at the door to the best of my knowledge, and two went up stairs; they came down and said nobody was up stairs; they listened at the lower room, and hearing talking, and seeing some persons through the crevises, they insisted on being admitted into the lower apartment; the instant they opened it, I went in, and there were four women and a man below stairs, that was the three prisoners and another woman and a man; I instantly said to the headborough or beadle of the night, I give you charge of these three persons; they are the persons that robbed me.

At the time they made this attack upon you, was it light enough to discover their faces in the space of ten minutes? - There were three lamps, the light reflects very strong, and I have seen these women before; I pointed to Guest, and said that is the one that took my watch; I pointed to Brown, and said that is the one that took my money; I said six shillings and six-pence; I had no particular mark upon them, but there was a half crown among it; instantly one of the patrol searched her pocket, and there were four shillings and a half crown, and some halfpence; I then went up stairs with Riches: before I went up stairs it was hinted to compromize matters if I would receive my property; I said I would not; I looked upon them as dangerous persons, and if they committed murder afterwards, I should think myself accessary to it; one of the patrols called to me and Riches, informing us that the watch was found; I came down and said, do not describe the watch to me till I describe it to you; it is a particular one; I said then, it was a metal

one, there were images on the inside case, but the outside case was exceedingly loose, and would rattle if shook; I said it had a black ribbon instead of a chain; then Riches said, there it is as you said.

Where do you live? - I live about three minutes walk from where it was done; I live at No. 10, Crispin-street, but my business is in the country; I came to Butcher-row, near Temple-bar; I had been at an auction of books, and bought these two; I had been there two hours and a quarter.

Prisoner Guest. Whether at the time of our examination at Justice Wilmot's, whether he was persuaded by Riches and Harrison that he was intitled to three forty pounds on conviction, if he was punctually to swear to us; and he said he had been at the London Tavern at a feast, and it was in Gun Court.

Prosecutor. Upon my oath it is not true.

Was any thing said about three rewards? - Not a syllable of the kind; I can call people to prove I am not so straitened; I keep my family genteel and lay by for a rainy day.

THOMAS RICHES sworn.

I am a patrol, on the 18th of November, about eleven o'clock; I was called on by the prosecutor, to go to the house of these women; he came to the watch-house, and said he had been robbed; I asked him of what; he said in Widegate-alley, he said they were run over into our parish; he said he could shew where they were, for he followed them up to the two pair of stairs room; we went to this two pair of stairs room, and there was a padlock on the door; we found no such people; we came down again, and my partner thought they were in the lower apartment; we knocked at the door, it was some time before any answer was made, at last he told them to open the door, or he would break it open; accordingly, as soon as he came in, the prosecutor looked round, and said, that is one, that is another, and that is the other; them are the three women says he; I will take my oath of it.

Court. Did you search them all, or any of them? - I searched them all, and found on Brown, a half crown piece and two shillings in her right hand pocket, and in her other, there was some silver and some halfpence; that she refused to let me have, and that I took from her; I returned to the officer; I found nothing on the other two particularly: the key of the padlock of the two pair of stairs room was taken from one of them; I do not know which; the watch I had from a man who is now in custody, out of a dust hole: for the prisoner Brown said it was not up stairs, it was hid in a dust hole; accordingly she and me went to the dust hole and found it; I had the watch from out of the dust hole, this is it.

(Produces a Watch.)

You say that was delivered to you by that man that was in their company? - Yes, the prosecutor ordered me not to let him see the watch, till he had given me the description of it; he described it as a metal watch, with images on the outside case, and a black string to it; it answers that description; he told me the maker's name, and every thing, it has been in my custody ever since.

(Shewn to the Prosecutor.)

Prosecutor. This is the watch that was taken from me; I am quite sure of it; I think I have had it about three years.

The remainder of this Trial in the next Part, which will be published in a few Days, containing, among others, the remarkable TRIAL of GEORGE BARRINGTON , with his DEFENCE, verbatim.

Reference Number: t17891209-13

THE WHOLE PROCEEDINGS ON THE KING'S Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex, HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday, the 9th of DECEMBER, 1789, and the following Days;

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

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

NUMBER I. PART II.

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 Ann Guest , Ann Yardley , and Susannah Brown .

Court to Prosecutor. Are you sure it is your property? - Never more clear of any thing in my life; I took them all three to the watch-house together, with the man who delivered the watch to me; they were carried before a magistrate and committed.

Prisoner Guest. Please to ask him whether the prosecutor did not go to Mr. Alexander Kennedy , to want him to come against us for the sake of the reward.

Riches. I do not know who she is talking of, nor do I know the sign of the Swan in Wentworth-street, and I have been a patrol there ten years.

WILLIAM HANWELL sworn.

I was with Riches in Widegate-street, respecting this robbery on the 18th of November last, about eleven at night; the prosecutor came to the watch-house; I happened to be officer of the night, that night on duty; he said he had been robbed; I asked him where and how, and he shewed me his fingers bleeding, and likewise his coat torn; he said he followed the people to such a house; I went with him, and found them there; there was nobody up stairs; we looked below when we got in, there were the three women all in one room.

Was the prosecutor with you at the time the room was open? - Yes, there was a man and a woman which he said he cohabited with; the prosecutor picked out them three, and he said the man was not the man that was with them when he was robbed; he did not charge the fourth woman with the robbery; he first charged the little woman, and we searched her, and I found half a crown and five shillings, and the middle woman said that one of them shillings was her's, for she lent her a shilling; one of the shillings was claimed by the prisoner Yardley; after that she gave them the key to go up stairs to take care of the watch; I went up stairs; they searched her some time; I was informed that it was below; and I called him down;

one of the patrols had then a dark lanthorn, she went to look for it but could not find it; I then said, do you go in and find it. Riches went in with her and found it; I said to Riches keep it private till I see what sort of a watch it is; the prosecutor said it was a watch with images at the bottom of the case; the watch answered the description given; the women and the man were taken before the Justice.

Prisoner Brown. I was informed there was a piece of work, that a gentleman had lost his watch; we went in doors, and the gentleman positively swore to us being the people.

Prosecutor. I stood at the door to watch them; they went into there; they came away the first, then nobody was let in or out.

JAMES SADLER sworn.

I was in company with Riches and Hanwell, on the 11th of November; I was in the watch-house at the time, I went to the house to see what passed, about 11 at night, on the 18th of November, Mr. Fogg came down to the watch-house, with an alarm that he was robbed in Widegate-street, Bishopsgate , and required our assistance to go with him to apprehend the women; we went, and searched the upper part of the house, and found nobody; coming down we observed a light in the lower room; we looked through the crevices and saw some people sitting; we knocked and the door was opened; says Fogg, them are two of the party that robbed me, another was sitting on an old bedstead; says I, what are you? says she, I am not well; says I, stand up; says Fogg directly, that is another, I will be on my oath that them are the three; they are the same three persons that are now at the bar; I am upon my oath, I was present when the prisoners were searched, there was to the amount of six shillings and some halfpence found.

Upon which of them? - I cannot say which, the watch was found concealed under the stairs, but I did not see the watch found. There was another person with us, but there was a mistake that he was not mentioned on the back of the indictment. That man was present.

THOMAS BROWN sworn.

I was at this house with the other witnesses, when we went into the house we saw these people; Fogg said those were the three women that robbed him: I went to seek for the property, I could not find it. I searched the prisoner Brown's pocket, and a half crown piece and other silver was taken out of her pocket; after that she said as how she believed she could find the watch; after that a man went into the hole under the stairs, and brought out the watch which was given to Riches: we brought them to the watch-house. I saw the man pull the watch out of the hole, and put it into Riches's hand. I heard Fogg describe the kind of watch that he had lost; and when it was produced, it answered that description.

Prisoner Brown. Ask him whether he did not take 9 s. 6 d. out of my pocket? - I cannot say how much was taken out, I saw half a crown and 2 s. taken out, and some halfpence besides.

PRISONER GUEST's DEFENCE.

I had been to Tottenham-court-road, Mrs. Yardley was with me, she was taken with a violent pain in her stomach, I called a coach and went with her; I turned down Smock-alley, I asked for Gun-court, to get a band for a bonnet; the gentleman was enquiring for a Mrs. Edingsfield; a woman rushed through from me, and asked for a place; she opened the door immediately to me. The gentleman saw what property the woman produced out of the box. She said she would make me up one against the morning; I never set sight of the people in the room, nor of Mrs. Brown. These had been some words in the court, the man said so, and he supposed they had taken the advantage of the neighbours; this man said his room was his castle, he would not open the door; the gentleman pitched upon every one, except one, that the gentleman said was his wife. I had no money about me;

my witnesses were here the first day; they are very poor people, and live as far as Woolwich; they would have spoke to my character.

PRISONER YARDLEY's DEFENCE.

I had been with this young woman Guest, coming from there I had a violent pain in my stomach; we hired a coach the bottom of Holborn, and told the coachman to drive down to the bottom of White-row; I paid the coachman 18 d. he gave me one shilling out of half a crown. We was going to this young woman that makes up the hats and bonnets, there was a great noise in the neighbourhood, about that gentleman being robbed; this gentleman stopped us two in the court, and said we were the people, afterwards he came to this house, where we were taken, all three, to the watch-house.

PRISONER BROWN's DEFENCE.

Coming through the alley, I met a woman, she said there was two women kept in custody on account of a watch and money, and she told me where it was, and I went to the house, and told them where it was, and I was detained on that account. I know nothing of these women any more than the dead.

ANN GUEST , ANN YARDLEY , SUSANNAH BROWN ,

GUILTY , Death .

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

Prosecutor. My Lord, I beg leave to observe, that the blow that was made at me, was more an act of wantonness than an act of cruelty, for it was not a strait forward blow, it was slanting.

Reference Number: t17891209-14

14 JOHN HARRISON, alias THOMAS DAVIS , was indicted for stealing, on the 19th of November , fifty-six pounds weight of lead, value 8 s. belonging to John Pott , and fixed to his dwelling-house .

JOHN POTT sworn.

I live in Devonshire-square ; I am the mere prosecutor; I know nothing of the robbery.

MOSES EMANUEL sworn.

I am a victualler. I was constable of the night, on a Thursday night, the prisoner was brought to the watch-house, by one John Dungan , a patrol, with the lead in a basket; the prisoner said he was a master bricklayer , then he said he found it in the yard. The next day I went to Mr. Ascough, a plumber, and told him I had a man in custody with a quantity of lead, and Mr. Ascough had the lead in his possession and took it to Mr. Pott.

JOHN DUNGAN sworn.

I am one of the patrol of Portsoken Ward: on the 19th of October, on Wednesday, I took the prisoner with a basket, in Aldgate High-street, and the lead in the basket; I asked him what he had got there; and he said, what's that to you? he said he was a master bricklayer, and was working task-work in Devonshire-street, it was part of a cistern; I took him and the lead to the watch-house; the next morning I took the lead to Mr. Pott's house, after it was taken to the Lord Mayor, the constable had it in possession; I saw the lead examined at Mr. Pott's; it was taken from the back part of the house, and exactly corresponded with the place where it was taken from.

JOHN ASCOUGH sworn.

I am a plumber; on Thursday the 19th of November (the last witness made a mistake in the month) the prisoner at the bar and two other of my people had been changing the lead from the sewer and the cellar to the yard; we had taken up between five and six hundred weight of lead at Mr. Pott's, when we are taking up old lead I always attend; it was lead that was to carry the waste water off, we could not take it

away till the bricklayer had cleared the way, it laying under the pavement; when we came from breakfast the ground was cleared and we took away what we could get at, but this lay near the cellar window. I wanted to persuade the prisoner to lay a few more bricks that I might get some new lead in, but he would not stay; the next morning the prisoner did not come, upon which he was suspected, and I heard he was in the watch-house, I went and examined it, and found it was the lead that was taken from the cellar window; there was another piece in the basket which matched with the first piece I took, they exactly fitted, and I tried it at Mr. Pott's, and they exactly corresponded with the nails; they had neither of them been separated from the houses by any of my men; I received the lead from the constable who brought it from the watch-house, or his man, Moses Emanuel , the constable had the care of the lead afterwards.

(The lead produced.)

This is the piece belonging to the window sill, this was cut by our men: this lay under the pavement, we could not get at it without digging, I am positive this lead came from Mr. Pott's cellar window; when a piece of lead is put down we drive the nails at no regular distance; I don't think it would correspond with any other cellar window but this.

Prisoner. That woman and I was going down Devonshire-street, and we found this basket at the corner of Devonshire-court, with the lead in it.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17891209-15

15. RICHARD RICHARDSON was indicted for stealing, on the 29th of November last, a cloth box-coat, value 30 s. the property of Isaac Currie ; and a pair of leather gloves, value 6 d. and a pair of plated buckles, value 6 d. the property of John Cook .

JOHN COOK sworn.

I lost my coat in Kings's Arms-yard, about half after five, it is in Bishopsgate-churchyard , my master has stables there, I left it on the coach-box, I did not miss it two minutes, and Ellis brought it to me, I should think in ten minutes I ran after the prisoner, endeavouring to find him, and I met Ellis at the corner of Houndsditch, with the prisoner and the coat; I called out, and saw it was my coat; there is a particular mark in the lining, a slit with a nail; it is a livery coat, plain, with a green collar; I have tried it on since: it was made for me; I had it the second of April, but had used it very little; there was a pair of plated buckles, and a pair of gloves in the pocket, they were mine.

JOHN ELLIS sworn.

I am a constable; on Sunday night, Nov. 29, about half after six, I met the prisoner in Houndsditch, he passed me with this coat on his shoulder, pushing on very fast; I went after him and collared him, I asked him if the coat belonged to him, he would not answer me, but threw it down into the dirt; taking him to the counter I met the coachman, I went with him into the stable, the coachman claimed the buckles and gloves, and said there was a tear in the coat with a nail; it has eight capes.

PRISONER's DEFENCE.

Going down Shoreditch, there were six or seven men having many words, and of course they were going to fight; one man threw off his coat, and he asked any body to take his part. I stood by and said nothing; in the God's speed somebody came up and they went away, and this man asked me if that coat belonged to me; he took me to the watch-house.

Ellis. There was nobody with him.

GUILTY , Whipt .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17891209-16

16. HANNAH CARLTON and MARGARET HOLMES were indicted for stealing, on the 4th of November last, fourteen yards of callico, value 16 s. the property of Edward Bowerbank .

EDWARD BOWERBANK sworn.

I am a linen draper in Newgate-street : I lost fourteen yards of callico, on the 4th of November; I cannot tell what day of the week; I was not at home: I was sent for immediately on the prisoners being detected.

JOHN BOWERBANK sworn.

The prisoners came into the shop of Mr. Edward Bowerbank , between five and six, the 4th of November, to buy a cotton bed-gown; I shewed them some prints for it; and Ann Carlton took one of the prints off the counter; I saw her; it was a piece of callico containing fourteen yards; I had shewed it to her the first piece; she laid it on one side; and I saw her take it, and put it under her apron, and go to the door; in consequence of which, she says to the other that she left in the shop, make haste and buy; she made no answer; and while I was going to the counter, she made off; I took her about an hundred yards from the door; she had the property on her; till I brought her into the shop, it was under her apron; I saw her drop it in the shop; I picked it up; I gave it to my brother; and he and me have had the care of it: he locked it up; I am sure that piece belonged to my brother; it has our shop mark: when the prisoners came in, they looked at the prints, and discoursed together; I took her into custody.

EBENEZER BOWMAN sworn.

I am a haberdasher; I was passing along Newgate-street, and happened to stop; there was a confusion of carriages, and I stopped opposite the door; and I saw the prisoner Carlton come out of the door with some thing in her apron; and she said to Holmes, make haste and buy what you want, and come along; Carlton was at Mr. Bowerbank's door; immediately after that, she ran; and then seeing Mr. John Bowerbank come out, she ran very fast up the street; and John Bowerbank caught her about a hundred yards from the door, brought her back, and said she was a shoplifter, and had taken a piece of print; she said nothing; I desired him to be cautious how she dropped it, because she might take it with others; and I saw the print under her apron, and on the step of the door; it was a small pattern, yellowish ground, two or three colours; it was opened, and I particularly looked at it; the cotton was taken care of by Mr. Bowerbank; Holmes was in the shop; I saw her doing nothing.

GEORGE PIERPONT sworn.

I am a constable; I took the prisoners into custody at Mr. Bowerbank's; I left the property with Mr. Bowerbank; I searched them both, and found no property about them, nor any money, except a few bad halfpence; I examined their pockets compleatly.

(The cotton deposed to by Edward Bowerbank .)

There is a shop mark in characters, in figures; it was made by me; the figures were a V turned the wrong way, and a cross; I had such a piece when I went out; I had no property but what was my own.

Prisoners. We have nothing to say; we have no witnesses.

HANNAH CARLTON MARGARET HOLMES

GUILTY ,

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17891209-17

17. OWEN LYONS was indicted for feloniously stealing, on the 10th day of November last, a silver watch, value 40 s. a gold breast pin, value 10 s. a rose diamond

breast pin, value 20 s. a pair of silk stockings, value 3 s. two cambrick handkerchiefs, value 1 s. a pair of breeches, value 10 s. a gown and coat, value 40 s. a Marseilles petticoat, value 40 s.

(The witnesses examined separate.)

CONSTANTINE EGAN sworn.

I live in Short's-gardens, Drury-lane ; I was robbed in November last; I lost my watch, which was taken out of my bedroom, my wife's diamond hat pin, which was a rose diamond, and my gold shirt pin; the other things were bundled up by the prisoner; they were all removed, some from the drawers in the bed-room, and some from the chair; I found the door broke open, and the bundle laying at the door: about half after two, on the 10th of November, my brother came, and told me that my friend at the bar had robbed me a second time; then I went to the building, and such men that I could place confidence in, I sent after this gentleman; and the men who are in Court, took him about nine that night.

HANNAH EGAN sworn.

On this day I went out about eleven or twelve o'clock; I was at home about half after twelve; I sat down to dinner below stairs, and had finished about two; I was alarmed by my little dog in the passage, and I opened the door, and I saw the prisoner go out of the street door; I followed him, and I called him by his name, and he dropped a pair of stockings which I have in the bundle; I picked them up; they were mine; I have a right to know him; I said to a person in the place, Owen has robbed me again; and I went up and found my bed-room door broke open; the prisoner worked for my husband, and lodged with me; I went up stairs, and picked up a bundle in a sheet; I opened it, and found my husband's breeches in it the first; and there was a gown and coat, a Marseilles petticoat, and a dimity petticoat, and a muslin shawl; the sheet was off my bed, and the things from my drawers; I missed a diamond pin, and a gold pin, and I believe, two handkerchiefs; I missed the watch off the nail; I am no judge of the value; I leave that to a better judge; my gown and coat are new; the whole together I would not take five pounds for; I positively know the man; I saw the side of his face as he was going off the step of my door.

JOHN SUTTON sworn.

I work for the prosecutor; he asked me to go to search for the prisoner: the prosecutor shewed me at his room, the staple of the door had been broke off, and the things bundled up: about a quarter past nine, I with the prosecutor, met with the prisoner in Drury-lane; the prosecutor laid hold of him directly; he was searched in my presence, and two pence halfpenny was found upon him; when he was taken, he behaved in a restive manner.

- FREEMAN sworn.

I was sent for to take the prisoner into custody; and then I searched for the watch; and I took the prosecutor with me; I had an information that it was at a pawn-broker's, Mr. Woodin's, in Drury-lane; I went there, and described the watch; they produced it; I saw it answered the description, and I shewed it to the prosecutor; he said, that was his watch; I desired the pawnbroker's man who took it in, to appear at the magistrate's, which he did, and produced it.

WILLIAM NORRIS sworn.

I produce the watch which was pledged with me, I believe, by the prisoner; I think he is the person; there was another person taken up with him at the magistrate's, to whom I had sold a watch; this watch was pledged in the name of Owen Lyons , on the 10th of November.

Court to Freeman. How did you get information to go to this pawnbroker's? - I heard it in a conversation at a public-house; I had a hint given me.

Court to Prosecutor. What do you say to the value of all these things? - They are fairly worth five pounds, but I am no judge of such things, if it was a piece of brickwork I could value it better; the watch, the pins, and the handkerchiefs, were in the bundle.

(The watch deposed to by the maker's name, and number, and seal; the stockings deposed to.)

Prisoner. I know no more of this than the child unborn.

THOMAS EGAN sworn.

On the 10th of November last, after this robbery was committed on my brother, he came to me where I was at work, and he told me of it; we went in quest of him and took him; he was very drunk; that is all I know.

GUILTY , Death .

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

Reference Number: t17891209-18

18. GEORGE BARRINGTON was indicted for feloniously stealing, on the 19th of January, in the 29th year of his present Majesty's reign , at the parish of St. Martin in the Fields, a silk purse, value 2 d. and twenty-three guineas, value 24 l. 3 s. and one half-guinea, value 10 s. 6 d. the property of Havilard Le Mesurier , Esq . privily from his person .

Before the Jury, were sworn Mr. Barrington thus addressed the Court:

Without meaning, my Lord, the least reflection on the gentlemen that compose the Jury, I beg leave to challenge them; and I must own, that I am acting under the influence of a report, which is perhaps very untrue.

Mr. Garrow, Prisoner's Counsel. You mean then, Mr. Barrington, to challenge the first gentleman, and the rest as they are called, I presume.

Mr. Barrington. Yes, Sir.

( William Lenden called.)

Mr. Barrington. I beg leave to challenge him; I beg leave to challenge the whole of the Jury; and I must again observe, that I am acting under the influence of a report which is perhaps very untrue.

Mr. Barrington then proceeded to challenge the whole of that Jury, upon which the second Middlesex Jury was put in the place of the first.

The case was then opened by Mr. Le Mesurier, as follows:

May it please your Lordship. Gentlemen of the Jury: The prisoner, George Barrington , stands indicted for taking from the person of the prosecutor his money privily and without his knowledge; I state this so precisely, because you will find the case involves two questions, for although from the statement of the case you will find what the prisoner has done, amounts to what is commonly called, picking of pockets, it may not be carried on in that manner which brings the prisoner under the most penal part of this indictment; you will therefore keep your attention to these two circumstances: you are first to determine whether he took the money of the prosecutor from his person; and next whether he did it privily and without his knowledge. Gentlemen, this indictment has been preferred so long as two years and a half ago, as you have already heard; and had it been tried soon after the indictment was preferred, I should have had to produce to you a witness that you would have thought very material; I state this, because I think it is incumbent on the prosecutor in every case to remove all doubt, and to produce every person to the Jury, that in his apprehension can assist in such removal. Gentlemen, the person I allude to is Mr. Adeane, who you will find would certainly have been that material witness; that gentleman has an estate in the West Indies, he has been called and has remained there for two years; therefore it would have been impossible to have had the trial put off on his account; it would have been improper, and the Court would not have suffered it: Gentlemen the circumstances

of the case are these: The prosecutor was at Drury-lane play-house , the day mentioned in the indictment, the 29th day of January; after the play was over he wished to pass through the lobby, and recollecting his property, he kept his hand on the outside of his pocket, for he had in his pocket a purse with twenty-three guineas and a half, and a valuable watch; in the course of going through the crowd, he felt that purse go, and he caught a hand actually at his pocket; he actually seized a person to whom that hand belonged, which proved to be the prisoner: immediately this Mr. Adeane sprang forward and seized the prisoner, exclaiming, Sir, you are right, I saw him do it; another person picked up the prosecutor's purse and gave it to him; we have never heard of that person: Gentlemen, with a great deal of difficulty (whether from the crowd or from any preconcerted scheme in protecting the prisoner I know not, however with great difficulty) he was secured and carried to Bow-street, and there delivered into the custody of a constable, and the prosecutor was desired to attend at Bow-street the next day; he did attend, but the prisoner was not there; he had escaped. Gentlemen, to prove this, I shall produce to you the prosecutor, he will tell you how the whole transaction passed more minutely than I can; he will tell you whether it was possible that any other hand could be in his pocket, but the hand that he took hold of; if any doubt should remain, you will have recourse to that which in doubtful cases has weight; he will tell you that the prisoner appeared very confused, intreated to be let go; discovered a great desire that his person might be concealed; you will attend likewise to the circumstance of his having escaped; it is not the mere flight of a man that is in custody; in this case the escape is of that kind which absolutely constitutes in the law another crime; therefore you will be less able to believe that an innocent man would commit that crime to cover this. Gentlemen, I should now leave the case in this situation, if any other person but the prisoner was now to be tried; but I believe you and I have reason to expect that you will probably have appeals to your passions; for I am told at the time when the prisoner last stood in that situation -

Mr. Garrow. I feel myself under the necessity of interrupting the learned gentleman, if I only did it on the entire novelty of the case; for I submit that Mr. Le Mesurier cannot give in evidence that which he is stating to the Jury; I am objecting to that sentence which has been already uttered; Mr. Le Mesurier has already said that which is no secret; therefore I do not object to it on that ground, but I object to it, because it is incompetent to lay it before the Jury by evidence.

Court. It is better to go on in the cause.

Mr. Garrow. My Lord, not to talk of former trials.

Mr. Le Mesurier. I was going to desire you, Gentlemen, to look on that man as a perfectly new man; as though you had never heard he had been indicted or convicted before -

Mr. Garrow. Or acquitted.

Mr. Le Mesurier. Gentlemen, I was going to remind you, that if either the prisoner, or any man for him, should tell you, you ought not to give the full force to the evidence, because you might be biassed by the knowledge you have of the prisoner, or by the impression you have of his character, you should dismiss that entirely from your memory; but, Gentlemen, I trust you are above all temptations of every kind; I trust if I should press you, which I do not mean to do, to give any attention to his bad character, or to increase any conviction which may have been wrought on your minds, so as to suppose that you are to be biassed by any thing but that evidence which will be offered to your consideration, that you would totally reject my attempts: Gentlemen, I will not endeavour after what has been said, to anticipate any thing further which will be alledged by the prisoner; and yet after so much mention has been made of his long imprisonment, I must say that that imprisonment has been continued by the

prisoner himself in a great measure, because he might have been brought before the Court of King's Bench many terms before the last; and therefore I only conclude with observing, that if any appeal should be made to your passions from that length of imprisonment, that you will consider how that happened, and you will give it no other weight than that to which it is entitled on the observations I have made.

HAVILARD LE MESURIER sworn.

Was you at the play-house in Drury-lane, on the 19th of January, 1787? - I was; I saw the prisoner there; it was at the end of the play: I left my party to meet my servants, whom I had appointed at a part of the house opposite myself: as I came into the Lobby, I observed I was excessively crowded; a circumstance had then struck me which had transpired on getting into the carriage to come there, and that was, I happened to take out my purse, and a Lady in the carriage observed there was a great deal of money in it; her maid was at the door; she pressed me very much to give my purse to her maid, telling me I was very wrong to carry so much money as well as a valuable watch, which I had, about my person, to the play, on such a night; I made light of it, saying, I never had been robbed: I state these circumstances, because they led me to be extremely on my guard, when I got into the lobby; not only for fear of losing my purse, and watch, but for fear of ridicule. When I got into the lobby, I put my watch chain very deep in my fob, and put my left hand down, in this manner, to guard my pocket; I went along, pressing through the crowd to get to my servants, I felt my purse move, and on feeling my purse move, I immediately got my hand up in this manner, with my right hand, and with my left I turned round to seize the person whose hand I had, and I seized the prisoner's hand close to my pocket, and with the other hand I turned round and I seized his person; I did not say any thing to the prisoner, my aim and wish was to recover my purse, which I thought was in his hand; I had not time to seize upon him, for a Gentleman, a Clergyman, whom I have since found to be Mr. Adean, stept up and said, sir, you are right, I saw him do it.

Was there any other person at the time it was done so near you, that you thought it could be done by any other person but him? There were people all round: on Mr. Adean's stepping up to me, on my having his hand up still, a Gentleman from the other side called out, sir, here is your purse; and delivered me my purse.

That was while you had hold of the prisoner's hand? - instantly after Mr. Adean had seized him.

Was there any interval between the time of your feeling a hand in your pocket and seizing the prisoner's hand, to leave any doubt in your mind that the prisoner was the person that took your purse?

Mr. Garrow. That is a question to the jury; I object to that question; I take it Mr. Le Mesurier is desiring the witness to draw that conclusion; I do not object to his asking what the length of the interval was; I do not object to his asking whether it was one minute, or five or ten; but he adds to that, have you any doubt whether the hand that you found in your pocket was the hand that stole your purse? that is the whole question in this case.

Court. But there is another way of putting the question; that is, considering the situation of the prisoner, considering that there were other people about you, was there any person about you, that you had reason to suspect other than the prisoner?

Mr. Garrow. My Lord, undoubtedly your question is quite unexceptionable.

Mr. Le Mesurier. From the interval that passed, was it possible that there could be any other person than the prisoner? - There was no interval whatever; it was instantly on feeling my purse move, that I caught the hand; there was no interval whatever; I wish to state the circumstance, because it appears to me you are in an error, in supposing the prisoner's hand, or any hand was ever in my pocket, my breeches

was never unbuttoned; my purse; although it contained twenty-three guineas and a half, which is a weight, got through my pocket without being unbuttoned, and on examining my breeches afterwards, I found that my breeches was cut through, which convinces me that -

Mr. Garrow. Never mind the conclusion, state the fact? - My pocket was cut through, no hand was in my pocket; Mr. Adean and myself kept possession of the prisoner's person; after having recovered the purse, I had the care of it, and it being known there was money in it, I got hold of his person with my left hand; there was a great deal of trouble; we were shoved about: But I ought to state, that the prisoner on my seizing him, and on Mr. Adean's assisting me, he said, what do you mean? I am a gentleman; and I felt as if I thought he meant to follow me, but on Mr. Adean's coming to me, he said, consider sir, what you are doing, I am a gentleman; only consider the consequence of this, for God's sake consider; the prisoner was extremely pale and confused; I kept asking him, who are you? to which he gave me no answer, only saying he was a gentleman; we called out for a constable, and after some time a constable came; we asked the constable, who was the unfortunate Blandy, if he knew him; he looked at him very hard, and said, no, I do not know the prisoner; after a great deal of difficulty he was had to the Brown-Bear, where I delivered him to the custody of Blandy, I attended the next day at the office in Bow-street.

Was the prisoner there? - He was not there.

How came he not to be there? - I cannot tell.

What kind of purse was this? - A striped silk purse.

How much money was there in it? - Twenty-three guineas and a half.

Mr. Garrow. Mr. Le Mesurier, I wish you to describe a little more particularly the manner in which your breeches was cut? - It was merely the lining of the pocket, perhaps a couple of inches, through here, between this part of the lining and the lining of the pocket. (N. B. it was the upper part of the pocket.)

You having your hand off the pocket, turned round expecting to find your purse in the hand that you seized? - Yes, it was instantaneous.

Have you any conception in the world that it was in the hand at the time you seized it? - I really cannot tell.

No I fancy not: what distance was the person that gave you the purse? - He was close; he must have been perhaps the next to me.

At the time you seized the hand did you find any sharp instrument in it? - I did not open his hand.

I beg your pardon, I will not give you much trouble? - I wish a little indulgence.

You cannot want any indulgence; you say the prisoner was confused: I should rather suspect one should be confused on such a charge; you would have looked pale I believe? - I certainly should have been confused; I do not know whether I should have looked pale or red.

It would have had some effect on your spirits, and your spirits would have affected your veins and arteries, and that would have driven the blood either to your face or from it? - Certainly.

It would not have been an effect of pleasure, satisfaction, or gratification? - No certainly.

It confuses an innocent man more than a guilty one who is used to it, I should think; now another thing, Mr. Le Mesurier, I believe, very soon you was told this was Barrington, before you left the lobby? - Yes, but we were a very long time in the lobby; I was not persuaded of it till a long time after.

It is my duty to put questions, your's to answer them, not to argue; the inference from the questions is not for either of us, it is in better hands: before you left the lobby you had heard it was Barrington? - I am trying to recollect myself; I had heard it was Barrington, and I heard it was not Barrington; I had heard both ways.

And do you recollect it being stated by some persons in the lobby, that whether it was Barrington or not, or whether it was the first merchant in London, it was necessary to go before a magistrate? - When the constable said it was not Barrington, Mr. Adean said, I saw him take it, and I will lay down my life on the occasion.

You introduce that which is not evidence, instead of answering my question; did any body say so Sir? - It is very probable, but I really do not recollect.

I wish you would? - But I really do not recollect.

Perhaps my stating to you your answer may bring it to your mind; did not you say upon that, there is no use in my going to the office, for I am not certain of him, and know nothing that can affect him? - Oh Sir, I never said any thing like it.

At Bow-street, do you recollect saying, you seized a person's hand near your pocket, which hand appeared to be the defendant's, and that you therefore believed and suspected the defendant was the person that robbed you? - I believe I did.

I will repeat the words to you, that you seized a person's hand near to your pocket, which hand appeared to be the defendant's, and that you therefore believed and suspected that the defendant was the person that robbed you? - I believe those were the words at the examination in Bow-street.

I observe some of the gentlemen of the Jury are so good as to take down the words; therefore, with my Lord's permission, I will repeat them (repeats them.) How early was it after the transaction in the lobby, that the information was made? - It was the next morning about 12 o'clock.

When the thing was fresh in your recollection? - Yes.

You had taken advice, having the advantage of very good advice? - I had my brother with me.

You could not have better advice or better assistance; I venture to say you knew what was meant by that telling you that was Barrington? - Certainly.

Mr. Garrow. I will not trouble you with any more questions.

Mr. Le Mesurier. You stated something that Mr. Adean said, was it in the hearing of the prisoner? - It was.

Mr. Garrow. If I had asked a question that led to this answer, the prisoner must abide by the imprudence of his counsel; but it cannot possibly be a proper subject of reexamination.

Mr. Le Mesurier. I meant what Mr. Adean is stated to have said in the lobby.

Court. Is Mr. Adean here? - No.

Court. We cannot certainly make what he has said evidence.

Mr. Le Mesurier. It was said in the lobby.

Mr. Garrow. In the confusion of the lobby; my objection is, that the counsel for the prosecution has not come into it in chief; it has not come out fairly in my cross examination.

Court. But the evidence was given in chief.

Mr. Garrow. Therefore it is the less fit to repeat it now; I submit, my Lord, that the counsel for the prosecution cannot re-examine but to any subject that arises out of the cross-examination.

Mr. Le Mesurier. Do you recollect with respect to the words in Bow-street, - I cannot particularly recollect; I do not know that they were the particular words I made use of; I conceived in Bow-street that I was to come before a Court of Justice; I was not anxious.

Mr. Garrow. Do you mean to have it stated that anybody put words in your mouth when you are upon oath? - No, certainly not, what I declared in Bow-street was perfectly true.

Mr. Le Mesurier. You did not declare them so fully? - Not so fully.

Jury. When you seized the prisoner, was he on your right hand or the left? - He was behind me, the person that gave me the purse was on one side; I was standing in this manner, I had the prisoner's hand, and the first idea I had, was, it belonged to the person that was before me, but jerking it up, I found it belonged to the prisoner.

Court. You say the prisoner was behind you? - Yes.

Where was the hand? - The hand was close to my pocket, and he was behind me.

Jury. Did you keep fast hold of him by the hand till you laid hold of him with the other hand? - Yes.

Why had you any doubt in Bow-street? - I had no doubt, my idea was the hand belonged to the man that was before me, and I wanted to know to whom the hand belonged, and jerking it up, I found it belonged to the prisoner.

Yes, but you said in Bow-street, that it appeared to belong to the prisoner, and you suspected it was him that robbed you? - That word appeared I never meant, and if I made use of it in Bow-street, I never meant it.

Mr. Garrow. It is a matter of observation certainly, and very proper.

Jury. The person that delivered you that purse, had you any reason to suppose he was an accomplice of the prisoner's? - By no means.

Was he a gentleman? - He appeared so, I never saw him; my only doubt was to whom the hand belonged.

Jury. You say when you seized hold of his hand your purse was in your pocket? - Pardon me; as my purse moved, I took hold of his hand.

Was your purse in your fob or in your breeches pocket? - In my breeches pocket, just the lining of the breeches was cut.

Mr. Le Mesurier. Do you believe Mr. Adean is out of the kingdom? - Yes.

Prisoner. Whether the prosecutor had any intimate acquaintance with Mr. Adean? - I never knew him or saw him before that day; I never knew him.

Have you ever heard before or since any circumstance discreditable? - Nothing that I know of; I know nothing of Mr. Adean, except that circumstance.

You never heard it mentioned that he was insane and flighty, and that he was not of the best principles? - The only thing I heard was, that he was a gentleman that lived about town.

Lived about town, by what means?

Prisoner. My Lord, as the prosecutor has thought proper to bring forward the mention of Mr. Adean's name, for the manifest purpose of inflaming the minds of the Jury, or at least for strengthening the evidence; I think it but fair that he should also state to the Jury what he has heard concerning this witness he has wished to bring.

Mr. Garrow. Have you ever heard that Mr. Adean was a man of bad character or subject to insanity? - Never. Calling at his lodgings about this business, I have found him not up at twelve in the morning; that is all I know of him, I never heard any thing against his character.

When you said a gentleman that lived about town, you meant a dissipated man of the town? - No, sir, that is not my idea; all I meant, is that he lay in bed late of a morning.

Counsel for the Prosecution. My Lord, I have done, I think it unnecessary to call Townsend, he would only prove facts, not immediately in evidence.

Court. Prisoner, do you wish to say any thing in your defence?

PRISONER's DEFENCE.

May it please your Lordship, and you Gentlemen of the Jury; the benignity and candour which mark the judicial proceedings of this country, of which I have recently met a distinguished proof, induce me to hope, with the utmost humility, that the indulgent attention of the Court will not be withheld on the present occasion; but that it will be extended, not through the merit of any thing I may urge; but from the generous and impartial impulse of your own minds, towards every one who is so unhappy as to stand here, the subject of accusation; and if ever there was a case which called for the calm, I will not say the compassionate, consideration of your Lordship, and the Gentlemen of the Jury, it is perhaps the present, as well from the heavy affliction I have sustained for many months before I could obtain a trial; as from the newspaper calumny

that has been levelled against me, even under the pressure of a long imprisonment, and to the very hour of my trial.

It is but too true that I had the misfortune to be at the play about the time mentioned in the indictment; I had sometimes an opportunity to obtain an order for the play, through the medium of a respectable though no very intimate friend, and it is unnecessary for me to say, that the part of the house is not thought material in general when an order is given; I was going through the box passage on my way home, when some one said, it is certainly Barrington, and almost at the same instant I was addressed by a person who requested me to tell my name; I asked his reason for the enquiry; he turned from me, and said Mr. Le Mesurier, is this the person? the prosecutor said he had lost his purse, and that I was near him, but no more; the passage was extremely crowded, and this conversation excited the general attention: some of the bystanders requested I would give my name; I told them I should decline giving my name there; the matter being of an unpleasant nature, but that, if there was any charge against me, I had no objection to going before a magistrate; some gentlemen close to the prosecutor observed, that such a step would be quite unnecessary, if I would call on any gentleman present; while others said that my name was Barrington: the prosecutor in the mean time was no way active on the occasion, or like a man that was at all convinced in his own mind, and an altercation merely about my name continued, I may venture to say pretty near half an hour; when the approach of the constable was announced, the crowd was so great it was with great difficulty they could come near; and then being asked concerning me, he said he could not recollect me, or words to that effect: some gentlemen continued to suggest the propriety of my calling on some person that knew me, which they said would entirely do away all imputation; while others said, Mr. Le Mesurier, you should go before Sir Samson Wright ; Mr. Le Mesurier then absolutely replied, what is the use of my going there? I am not sure; I can say nothing to affect him: this, Gentlemen of the Jury, was really the language of Mr. Le Mesurier then, however it may have been forgot; however it may have been changed since to answer the present purpose: some little altercation further continued about my name, when some one said, here is Towsend of Bow-street, he perhaps knows something of the prisoner, let us hear what he says; when he mentioned my name, some Gentleman said, I told you how it was; when several other gentlemen observed that my name was then quite immaterial from the declaration that Mr. Le Mesurier had made; that if Mr. Le Mesurier had been convinced of the fact in his own mind, I ought to have been taken before a Magistrate, whoever I was, or whatever my name was; but that as he had declared, he was by no means certain, it was neither fair nor reasonable that a man should be criminated because his name was Barrington. This, Gentlemen of the Jury, was the opinion of many gentlemen; some of whom I am satisfied Mr. Le Mesurier well knows to be such, and the majority of the company concurred in that opinion: the altercation still continued about my name; and it may appear strange, perhaps incredible, that I, who about half an hour before was accused with a breach of the peace, and as an offender, should be then actually employed as moderator in endeavouring to appease the generous impulse that prevailed in my favor, by requesting that the matter might have a legal hearing: such, however, Gentlemen was the fact. I was conveyed to the publick house, the Brown Bear in Bow-street; and however the unhappy circumstance of my withdrawing from thence may have hitherto operated to my disadvantage; I trust that when the circumstances of the case are duly and candidly considered it will lose that effect; I found myself there under a charge that I clearly perceived looked up to something for its support, beyond facts and circumstances; I had just

seen a striking proof what prejudice may be attached to a name, and it was impossible for me to say how far it might not extend. Under apprehension at once natural and alarming, an opportunity occurred to enable me to withdraw, and I embraced it - unfortunately embraced it! I broke no gaol nor watch-house on the occasion; no judicial prosecution or commitment had taken place; and I trust that it may fairly be construed rather as a retreat from prejudice, than as a flight from accusation: In leaving that place, Gentlemen, I neither used violence or pecuniary influence, whatever has been suggested to the contrary; and here it is impossible for me to forbear most solemnly declaring, in the presence of the Court and the World, that the unhappy man who was convicted for suffering me to escape, was neither wilfully or wittingly consenting thereto: if I was of a disposition to rejoice at the calamity of a fellow creature; I perhaps had some reason for it there; for this poor man, instead of doing me any kindness, was perhaps one of the greatest enemies I had in the world: so far, Gentlemen of the Jury, as bringing up my name constantly in the minds of the public every night at the play house; and if I was two hundred miles from London, if I was at any part of the universe, it was immaterial to him; this was still done, it was his constant rule. It is true that the unhappy man was convicted on evidence; for Townsend swore that he must know of my retreat. Gentlemen of the Jury, this poor man was a tradesman, and a shopkeeper; this took up his attention in the day, and in the evening he attended his duty as constable; and he was besides that, an old infirm man, and perhaps in the best of his days he never possessed that keenness of sight which they do who are runners by profession; and I trust Gentlemen, that some little attention will be paid to what I say on this occasion; I have now no longer any interest from it, and he, poor man, can bear no part of it; he is freed now from the strife of life, and not entangled with the perplexities of justice; but it is a tribute due to the memory of an unfortunate man, and I think myself bound to pay it, whatever my own case may be. And, Gentlemen of the Jury, it is with very great concern indeed, that I find myself under the necessity to say any thing, which perhaps may appear invidious or impertinent; I wish not to say any thing that may look like a reflection on the conduct of the prosecutor; and if his memory had not been of the strange nature that I know it to be; I certainly would not say any thing on the occasion, but it is a memory of the most convenient nature; for it can forget circumstances which happened, because they were in my favour; and can fancy others which never did happen, and it can remember only those which may injure and tend to convict me: I therefore, Gentlemen, am compelled to say some thing about the conduct of the prosecutor; the veneration I feel for the wisdom and beneficence of the Court, whose judgment restored me to to the dearest privilege of the subject, the trial by jury, will not permit me to say any thing concerning the law itself, and but little concerning the prosecution; yet thus much I hope I may be allowed to say without incurring the displeasure of the Court; that outlawry is the greatest possible advantage that can be taken by the law of this country, that it sets aside the invaluable privilege of the subject, the trial by Jury, and condemns a man to death unheard; that it was an advantage which the prosecutor derived from real ignorance on my part: that the prosecutor, if he had been the most vindictive and the most cruel man that ever lived in this country, could not have attempted to do more against the blackest traitor, or the most foul murderer that ever appeared in the shape of human nature. Gentlemen of the Jury, I am very far from attempting to extenuate the offence I am charged with; I am conscious of its enormity; I never will commit it; but I hope I may be allowed to say, that there is an immutable distinction in crimes; that policy and humanity demand the preservation of that distinction; if I had been themost violent, if I had been the most inhuman man that ever lived; it was impossible that Mr. Le Mesurier could have proceded to greater extremity than he has done, with respect to me. Among the vices incident to human nature, and the crimes which have so lavishly been imputed to me by newspaper report, there are two which I trust neither the accusing spirit, nor the recording angel need blush or weep at on my account; I mean cruelty, and calumny, which is perhaps the worst of cruelty; for I have ever been more happy to remove than to cast aspersion, and I have never been so tenacious of my life, as to fear risquing it to save a fellow creature from ruin: this is a consolation of which the united efforts of all the paragraphists that now live, or may live hereafter, cannot deprive me; this is a consolation which has supported me through life, and which I trust will attend me to that bourn from whence no traveller returns. Gentlemen of the Jury, if Mr. Le Mesurier had wished to have impressed you with an idea of his candor, he might effectually have done it, by waving that advantage which ignorance on my part gave; and had he, instead of calling an unfortunate fellow creature before the judgment seat, to demand sentence of death against him, and to urge it with all the rigour that a furious mind could dictate; had he omitted this in a moment when the most liberal and humane sentiments seemed to prevail in every part of the world; had he done this, you might have had some opinion of his candor; it would not have tarnished the lustre of his beneficence, or diminished the same of his moderation and modesty. The language of Mr. Le Mesurier, the counsel, I will not much mention; I am convinced it speaks for itself, and will operate more in my favour in any liberal mind, than any thing I can say against it: and perhaps he has been led to such vehemence, by being at once the brother and counsel of the prosecutor: and I wish, I wish, Gentlemen of the Jury, that Mr. Le Mesurier may not have been advised to such extremity from a quarter where of all others it ought not to have proceeded: public justice is a good and necessary thing, but there is something due to individual justice; and a persecuting spirit should never be suffered to overpower the sacred rights of truth and humanity. And permit me humbly to observe, that the question is not now, what the private opinion of individuals concerning George Barrington may be; but whether there is or is not that full, clear and unequivocal evidence, which the wisdom of ages has established as the criterion for Jurors to decide by, and which ought never to be departed from, in any man's case whatever. To strain a point to acquit, may proceed from Godlike motives; and perhaps men of the most vindictive tempers must respect in others the benevolent impulse: but to strain a point to condemn, is repugnant to justice, to conscience, and to humanity.

Court. Gentlemen of the Jury, this is an indictment against the prisoner George Barrington , for stealing a silk purse and twenty-three guineas and one half guinea in money, the property of Havilard Le Mesurier , Esq; privily from his person. Mr. Le Mesurier is called, and he tells you, &c. [Here the learned Judge summed up the Evidence, and then added] Gentlemen, this is all the evidence in the case, you have heard what the prisoner has said in his own justification; you are to give what weight you think proper to that; but at the same time, as one part of the defence goes to affect the prosecutor, I cannot help making some observation on that part of it; the rest I shall leave to your consideration: he imputes cruelty to the prosecutor, in having prosecuted him to outlawry; and he imputes cruelty to the law in suffering a person to be proceeded against by that mode, as it is taking it out of the hands of the Jury: Gentlemen, it is an antient law which has prevailed in this country; and to be sure a prisoner has no right to complain of cruelty, who withdraws himself from the reach of justice; nothing is imputable to Mr. Le Mesurier on that score; for when once the outlawry

was compleat, it was not in the power of the prosecutor to give it up, the law had then attached upon it; suppose the outlawry was good in point of form, certainly there cannot be any improper conduct or cruelty attributed to Mr. Le Mesurier in the steps he has taken; so far I think fit and necessary for me to say in exculpation of the prosecutor; for though a prisoner is permitted to say any thing in his own defence, yet it is not altogether so proper to cast reflections on that prosecutor, and more particularly when those reflections are unfounded; now with respect to Mr. Adean's not being called here to confirm this prosecutor's evidence, he is abroad; therefore the question must rest on the evidence of Mr. Le Mesurier, it must rest on the facts he has disclosed to you: now, Gentlemen, to be sure, there are some facts arising from Mr. Le Mesurier's evidence, which seem to apply pretty close to the case of the prisoner; there is one fact particularly, which came out upon the cross-examination, which may be material for your consideration; that is, that Mr. Le Mesurier told you, at the time he felt his purse move, the prisoner was standing behind him, but his hand was close to his pocket; now to be sure, in the natural position one would expect for a man who stood behind another person, it is not very probable that his hand could be so far advanced before Mr. Le Mesurier, as to be at his breeches pocket; therefore that observation in point of probability, seems to apply very hard against the prisoner; he tells you further, that the moment he felt his purse moving in his pocket, that he instantly took his hand from that part which was over his purse, and caught hold of the wrist of somebody that was near his breeches pocket; that somebody, whoever it was, to be sure in point of probability, does appear the most likely person to whom we could attribute it; he kept hold of the hand and turned round, and with his other hand he seized on the person to whom the hand belonged, which proved to be the prisoner at the bar: these, Gentlemen, to be sure, are strong circumstances; it has been imputed to Mr. Le Mesurier, that he had at the time he went to Bow-street office, said, when he was told he must go the office, it is to no purpose for me to go to the office, I know nothing about it; but he positively denies that he held any such language; he says, as near as he can guess, what he said was this, that he seized a person's hand near his pocket, which appeared to be the prisoner, and therefore he believed him to be the person. Therefore, Gentlemen, it is for you, on the whole of this evidence, to consider whether the prisoner is, or is not, guilty of the crime that is now imputed to him: As to any general knowledge you may have of the prisoner, or of his character; that you are to lay totally out of the case on the present occasion; for every cause must be tried by its own circumstances; therefore you are to consider now only of the particular evidence, and how it must apply. Now, if you believe the account given by the prosecutor, that at the time the purse moved in his pocket, he immediately took hold of the prisoner's hand close by his breeches pocket; and more particularly, if you believe that the prisoner was standing behind him at the time with his hand near his pocket, I am sorry to say it does amount to very strong circumstantial proof, in regard to the prisoner's being guilty of the fact: there has been no evidence called to contradict the account that he has given. Gentlemen, crimes of this kind are generally done in such a manner, as to make it more difficult to detect than most other crimes; it is on account of the frequency of the crimes, and the crime being done secretly, that the difficulty of detection arises; and in order to discourage the practice, the law has thought fit to take away the benefit of clergy from any person accused of such a crime; therefore a reasonable certainty is every thing you can have in cases of this kind; therefore it is your duty to consider on the whole evidence; if you are satisfied that the prisoner is not guilty of the crime, then certainly you ought to acquit him; but if from all the circumstances laid together, you think they do so strongly apply to the prisoner,that he is guilty; in that case you will find him so. Gentlemen, there is one thing that I ought to inform you of; indeed it was given up by the counsel, which is the capital part of the charge; for it was laid to be stolen privily from his person. Now there have been determinations, that whenever the person is sensible of the thing at the time, that that takes off the capital part; therefore the capital part you will acquit him of; but it is still open to the larceny, and the capital part is given up by the counsel on the opening.

The Jury consulted a very short time, and gave a verdict,

NOT GUILTY , and did not fly for it.

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

Reference Number: t17891209-19

19. THOMAS MALTBY and JOHN WOODWARD were indicted for stealing, on the 2d of November last, 36 lb. weight of beef salted, value 12 s. the property of James Alexander .

(The case opened by Mr. Knowlys.)

(The witnesses examined separate.)

ADAM FRAZIER sworn.

I am a watchman at Bell-court, in Mincing-lane , between 50 and 60 yards from the prosecutor's slaughter-house door: on Monday the 2d of November, about half past eight in the evening, I was going round my beat, and I saw Thomas Maltby standing at the door of the slaughter-house, I asked him what he was doing there, he said his master was in the shop, and he could not go in there at present; I told him he must not stand there; I put my hand to the slaughter-house door and found it fast; he said he did not intend to go in; he turned towards Tower-street, and I went away, and I saw him return with his hand at the slaughter-house window, and I saw him pulling a piece of beef through; I stood in the same position and saw one or two pieces more come through the same place; I believe he did not see me; when he had the quantity he went to take it away, and when he was got about 4 or 5 yards, I said what have you in your apron? says he, let me go, for God's sake; it will make a deal of confusion; I told him it was not in my power to let him go, his master might; I seized him, and pulled him to the corner of Mincing-lane; I called Mr. Alexander, two or three times, and the prisoner let his apron go, and the meat fell down in the street out of his apron; then I saw Woodward coming, who must have come out of the shop; he took up the meat and ran towards Fenchurch-street; I called stop thief, and the other watchman stopped him; he was about seventy or eighty yards from me, up the lane, past the slaughter-house door; the prosecutor ordered me to take Maltby to the watch-house, and I saw Woodward at the watch house; when he was stopped I did not see him stopped.

Mr. Garrow, Prisoner's Counsel. How long have you been watch there? - Three years.

He knew you? - Yes, but I did not know him.

You say he could not get into the slaughter-house? - He could not.

Mr. Knowlys. Did Woodward go in the way towards the shop with the meat? - No he ran to the next street.

JOHN FOLINGSAKE sworn.

I am a watchman in Mincing-lane; on the 2d of November, about half past eight, my partner called to me to stop Woodward; I did so; he desired me to let him go; he said he was Mr. Alexander's servant , I said, this is your master's; he made me some query or something to that purpose; he said it was not his master's property, then I took him to his master's, who was not at home.

JAMES ALEXANDER sworn.

I am a butcher in Tower-street; I have two doors to my house, one in Mincing lane, and one in Tower-street; there is a

communication between my shop and slaughter house; I saw the prisoners taken; I saw six pieces of beef, thirty-six pounds.

Court to Watchman. How many pieces of beef were there? - I saw three come through the bars, but there were more? there were four carried to Guild-hall.

Mr. Garrow. It may happen that you may swear this to be your property; by what marks do you understand it? - There is a method we have in trimming beef for salting to go abroad, a different method from any other beef that is salted, and the larger piece is what we call a veiny piece, it was of my own putting into salt on the Saturday in the evening; it is a rule to lay it in salt on Saturday, and to resalt it on Monday; I know these pieces of beef to be my putting in salt; I will swear to the whole of them, from the mode we chop them, and trim them.

But knowing that you are in a considerable way of business, you do not chop and trim a great deal? - Yes, I do.

Do you swear these were your own chopping and trimming? - I swear that the largest piece was mine.

I wish we could have seen them as they were salted? - They are not here.

I suppose that in that part of the world, there are some butchers who salt for shipping besides yourself? - Numbers; there is one person in that neighbourhood, that now and then does a little matter; I mean to swear that I know all the pieces of beef, which were four, to be mine.

You talked of six just now? - That was a mistake of mine.

That proves that you are mortal, that proves that you are fallible? - We are all fallible sometimes.

Might not you forget the number of ribs, and the size of the piece, and the manner of trimming it? - There is but one mode of chopping.

Then there was a veiny piece, and you remember putting a veiny piece into pickle some days before? - Yes, Sir, but I do not verily believe, because I wish that to be out of the question; I swear directly to that veiny piece of beef, to be a piece of beef of my own trimming, and on the Saturday night having salted it.

Now will you swear another thing as directly; that is, that it had not been sold? - Yes.

How many people sell in your shop? - Four or five.

You are not always at home? - I am much at home.

Then these four or five people might have sold this, if it had been applied for? - Certainly.

Were the two prisoners in the number of those that might have sold for you? - They were.

And there were three other persons that had the same right? - Undoubtedly.

Mr. Knowlys. How long had your shop been shut up that evening? - It had not been shut up.

Court. Were those pieces all salted beef? - Yes.

Did you happen to have in your slaughter-house at that time, any salted beef that you had borrowed, that was not your own? - No.

Mr. Garrow. How long had these people lived with you? - Woodward six months, the other about five weeks.

PRISONER MALTBY's DEFENCE.

I leave it to my counsel.

JOSEPH ANDERSON sworn.

I have known Maltby some time, he bears a good character; I put great confidence in him, he lived with me; we parted on a trifling affair; he was always very honest, it was only a little inattention; I would take him again if he was discharged.

Mr. Warren. I have known Maltby four or five years; he always bore a good character; he was a servant of mine, he managed my business while I was in the country.

WILLIAM HIGGS sworn.

I live at Horn-Church, in Essex; I came to town to give Woodward a character;

he always bore an excellent character.

William Giles . I have known Maltby some time, he was a servant of mine fifteen months; he was always honest.

John Herring . I have known Maltby from a youth; he always bore a good character.

John Bagley . I have known Maltby ever since he came to town, ten or eleven years; he always bore a good character.

William Croke . I have known Maltby six years, he always bore a good character.

THOMAS MALTBY , JOHN WOODWARD ,

GUILTY ,

Imprisoned six months .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17891209-20

20. THOMAS GREEN and JOHN WILKINS were indicted for stealing, on the 4th of November last, one woollen hammer cloth, value 30 s. a box cloth coat, value 12 s. a pair of leather breeches, value 7 s. an iron saw, value 6 d. the property of Joseph Wheeler , Esq . a blue cloth coat, value 20 s. a cloth waistcoat, value 4 s. a woollen and cotton ditto, value 1 s. a hempen frock, value 6 d. a pair of linen trowsers, value 6 d. a leather hat, value 2 s. a gold laced hatband, value 2 s. two pair of leather shoes, value 6 d. a linen handkerchief, value 1 s. the property of William Bellamy .

WILLIAM BELLAMY sworn.

I am coachman to Mr. Wheeler; I lost the things in the indictment, from the stable at Highgate ; I saw all the things safe over night; I did not see them on either of the prisoners; on the Tuesday following, some of them were produced at Justice Read's.

RICHARD LOVELL sworn.

I attend Litchfield-street office, on Saturday the 7th of November; I apprehended Green on an information, at the White Horse, Oxford-street; he had this hat on, it is a leather hat, in his pocket this pair of gloves; I apprehended Wilkins in Oxford Buildings, on the Tuesday after Saturday, the 10th: he had on this frock.

FRANCIS MURREY sworn.

I am an officer belonging to Mr. Read, on the 7th of November, I was with Lovell; I pulled off Green's boots, and found these worsted and silk stockings.

FRANCES BROWN sworn.

My husband is a carpenter and joiner; on the 6th of November the prisoner Wilkins came to our house and asked me for a bed to sleep there; he slept there all night, he said he was just come out of the country, and was distressed, and he desired to leave this waistcoat till eight in the morning, that he might find a friend; he never came there, and a constable came for it.

(The things deposed to.)

Samuel North called on his recognizance.

PRISONER GREEN's DEFENCE.

I went into Samuel North 's room, and he was ripping off the lace of a coat, and told a woman to burn it, that the coat might not be known; he had that hat in his hand, I bought it of him, and the stockings and that handkerchief and the gloves, I gave him 4 s. and he had a quartern of gin out of it.

PRISONER WILKINS's DEFENCE.

I bought my smock frock of Samuel North , as he set upright in bed.

BOTH NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17891209-21

21. JOHN KEYS was indicted for feloniously assaulting Richard Davis , on the King's highway, on the 15th of November last; and putting him in fear, and taking from him a linen shirt, value 1 s. his property .

RICHARD DAVIS sworn.

I am errand-lad to Mr. Bradford, a poulterer; I was coming along Moorfields Sunday was three weeks, the prisoner met me near the watch-house, near seven in the evening; the prisoner ran after me; he caught me by my clothes twice, but I got away; then he took me by the arm, and took the shirt out of my pocket; it was quite in my pocket; I hallooed out murder, and thieves, but nobody came to my assistance or I could overtake him; about nine o'clock the same evening I saw the prisoner in Cock-alley, Norton Falgate, 500 yards from the place where he robbed me; I then went to an officer, John Armstrong , who went with me, and took him up with the shirt on his back; the shirt was rather faded, and there was a patch put under it; Armstrong took the shirt from the prisoner's back; he held me by one hand, and took it out of my pocket with the other hand.

ELEANOR DAVIS sworn.

I know the shirt; I put it in my son's pocket; it was a clean shirt; he was going to his master's; I saw the shirt the next evening in Armstrong's hands; I bought the shirt with his own earnings.

JOHN ARMSTRONG sworn.

On Sunday the 15th November, I was in company with Shakeshaft and another, we met the prosecutor, who told us he had been robbed; he described the prisoner, and we traced him to a room in Cock-alley; looking round the room, I observed a dirty shirt; the prosecutor said that was not his; says I, he has got a clean shirt on; he said, if it is mine, it has a patch on the shoulder; I took it off the prisoner's back, and took him to the watch-house.

(Shirt produced, and deposed to by Eleanor Davis , and by Richard Davis , prosecutor.)

Jury. What time in the evening was it? - Between seven and eight in the evening.

Was it light enough for you to see him so as to know him? - I had a link in my hand, and saw him very plain; my mother lives in Duke's-court, Moorfields, and my master lives in Rosaman's-row, Clerkenwell Green.

PRISONER's DEFENCE.

I was going over Moorfields, I picked it up and took it home; having a dirty shirt on, I put on that I found, being clean, as I was going to my master the next morning.

GUILTY , Death . (Aged 16.)

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17891209-22

22. JOHN HILL was indicted for stealing several linen shirts, and other things , the property of James Pye .

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17891209-23

23. ANDREW WOOD was indicted for that he, not having the fear of God before his eyes, but being moved and seduced by the instigation of the Devil, on the 14th of November last , upon Mary Macdonald , spinster , in the peace of God, and our Lord the King, then being, feloniously did make an assault, and her the said Mary, against her will, feloniously did ravish, and carnally know

There being no evidence, the prisoner was

ACQUITTED .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17891209-24

24. JOSEPH ROBERTS and JOHN ROBINSON were indicted for feloniously stealing, on the 13th of September last, six sheets, value 12 s. five yards of cotton, value 5 s. two callico gowns, value 10 s. six clouts, value 6 d. a damask napkin, value 1 s. a cloth, value 6 d. an handkerchief, value 6 d. and 21 s. the property of Henry Eglestone , in the dwelling-house of George Kershaw .

JOSEPH ROBERTS , NOT GUILTY .

JOHN ROBINSON , GUILTY, 39 s.

Tried by the second Middlesex Jury before Mr. RECORDER.

[Imprisonment. See summary.]

Reference Number: t17891209-25

25. WILLIAM MORRIS was indicted for stealing a pillow, value 2 s. a blanket, value 1 s. and a sheet, value 1 s. the property of Rebecca Hart .

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17891209-26

26. THOMAS GROVES and THOMAS CARROLL were indicted, for burglariously and feloniously breaking and entering the dwelling house of Patrick Fox , about the hour of 7 in the night, on the 6th of November last, and burglariously stealing therein, a pair of women's leather shoes, value 2 s. his property .

ANN FOX sworn.

I am wife of Patrick Fox , we live in Middlesex-court, Drury-lane , he is a smith ; our house was attempted to be broke open, at half after seven at night, the 6th of November last, by a person getting over the wall, and lifting up the back window in the yard; there was a pair of my shoes taken away; I am sure the window was shut at dark, and I am sure I heard it

open, and heard them coming over the wall into the yard; when I heard the noise, I put down the child, and I went round the passage that leads into the yard, and saw the two prisoners coming out of the yard; I saw them open the door in the passage; I asked them what they wanted there; they said they wanted one Jones a staymaker; I said a very likely thing to come out of the yard; the eldest said, what else do you think I want? I said, I don't know what you want, but I will know before you go; a man came in for a pennyworth of greens; I said I can't serve you; you must take care of these men; and a woman who was with me in the parlour went out and made an alarm, and they were taken; there was nothing found upon them; they were taken to Bow-street.

PATRICK LEASON sworn.

Mrs. Fox desired me to take a candle and look about for the shoes, and I found them on the cellar stairs.

(Shoes produced, and deposed to by Ann Fox .)

The cellar stairs are just by the yard door, where I first stopped the prisoners.

PRISONER's DEFENCE.

The prosecutrix said at the Justice's she could not swear to the shoes.

Prosecutrix. I do know them well; I know by the wear of them; I gave 4 s. for them about a fortnight ago.

THOMAS GROVES , THOMAS CARROLL ,

NOT GUILTY .

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

Reference Number: t17891209-27

27. JAMES MANN was indicted for burglariously and feloniously breaking and entering the dwelling house of John Pearson , on the 31st of October last, about the hour of four in the night, and burglariously stealing therein a silk handkerchief, value 4 s. his property .

JOHN PEARSON sworn.

I live at No. 4, in the City-road ; I am a house-keeper; on the 31st of October, the prisoner had passed the door several times, and was looked upon by my neighbours as a suspicious person; I heard and saw him about seven o'clock on the 31st of October, strike two blows against the window, and break a square of glass; I saw him try at a piece of chintz, and my wife saw him pull out the silk handkerchief; I ran out, and cried, stop thief, and he was taken about 200 yards from the window; I am a mathematical instrument maker , and my wife keeps a hosier and haberdasher's shop.

MARY PEARSON sworn.

I am wife to the last witness; the prisoner came to our shop, on Friday the 27th of October, and asked if I sold ready-made shirts; I told him no; then he came on the 31st, and asked if I sold combs; I told him no; on the same evening, at seven, he came to the window and broke the square of glass, and put his hand through and attempted to take 10 yards of cotton, but did not succeed; he immediately took the handkerchief and ran away; I cried, stop thief; he was pursued and taken.

SHAKESHAFT sworn.

I produce the handkerchief; I received it from Mr. Pearson, at the Justice's.

(The handkerchief produced, and deposed to by Pearson.)

There is no mark upon it; I had but two of them, here is the fellow to it; it was found in the field where the prisoner was taken, which is a bye-way; when taken his hands were very bloody.

ROBERT PEARCE sworn.

As I was in my house, I heard the cry of stop thief; I went through the ditch into the field, and at the end of the second ditch I took him; I was so muddy that I did not see the handkerchief picked up.

JOHN ISHERWOOD sworn.

I saw the handkerchief picked up in the field, close by where the prisoner was taken.

PRISONER's DEFENCE.

I am a drover. I was going to Highgate to fetch some beast for Mr. Dillon; as I was going along I heard the cry of stop thief. These witnesses came and took me, and kicked me all the way back to the prosecutor's, and used me ill.

GUILTY , Death .

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

Reference Number: t17891209-28

28. MARY SPINKS and ANN WICKS were indicted, for burglariously and feloniously breaking and entering the dwelling house of John Jordan , about the hour of eight in the night, on the 6th of November last, and burglariously stealing therein, a linen gown, value 2 s. an apron, value 1 s. a shift, value 1 s. a handkerchief, value 6 d. five caps, value 1 s. a silk ribband, value 1 d. a pair of silk and cotton stockings, value 2 d. the property of Mary Smith .

JOHN JORDAN sworn.

I live in George-yard, Drury-lane ; I went out at nine in the morning, I have only a room which I rent of Mr. Lloyd; he does not live in the house; there is a staircase that comes down into the yard; there is another room on the right hand, on the same staircase; on Friday the 6th of November, between seven and eight at night, Mary Smith came down to me and desired me to come home, that my room was broke open; I left in the room Mary Smith , who came down to me, and we returned home, and said, good God! we are robbed again: it was fastened with a padlock; the staple had been drawn and put in again. There was nothing missing but Mary Smith 's wearing apparel, and a single stocking of mine.

MARY SMITH sworn.

I live with the last witness. I went out about seven in the evening; I had padlocked the door safe before I went out. One of the prisoners, Ann Wicks , held the candle while I fastened the door: when I came home the lock was locked, but the staple was loose, which was fast when I left it. I lost all the things mentioned in the indictment (enumerates them) and a stocking belonging to John Jordan ; I cannot say the value of them. I found on Ann Wicks one of my caps, and on the other, Mary Spinks , a cap and ribbon.

JOHN BROWN sworn.

I produce the things; I had them of a woman on Friday the 6th of November, but I don't know the woman that brought them to our shop.

JOHN TAYLOR sworn.

I am constable. On the 7th I took the prisoner Spinks, and I found on her a duplicate, two caps, and one stocking; the witness Smith was present, and claimed these things; I took her to the round house, and by the direction of the duplicate I went to the pawnbroker's; I told him my business, and he produced these things. As I was going to the round-house Spinks said she was very cold, and desired to go to the fire there; she told me there was another person concerned with her, she told me where I should find her, and some of the property, such as a cap and a ribbon with a hole in it. I took Smith with me to Spinks's apartment, and there I found her and the cap and ribbon, as before described; I took them both to the magistrate, and they were committed.

Mary Smith . This is the cap found on Wicks: this is the cap and ribbon found at Spinks's apartment.

Prisoners. We have no witnesses to call.

MARY SPINKS , NOT GUILTY .

ANN WICKS GUILTY , Death .

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

Reference Number: t17891209-29

29. MARY WHARTON was indicted for stealing, on the 9th of November last, a pair of silver buckles, value 10 s. a shirt pin, value 1 s. a cane and handkerchief, value 3 s. the property of Phillip New .

PHILLIP NEW sworn.

I live at No. 7, Great Chesterfield-street, Mary-le-bone . I lost on the 9th of November a pair of silver buckles, a shirt pin, a cane, and a handkerchief, out of my box; the box was only corded; it stood in the bed chamber where I live, but I had left those lodgings: when I went to my box I found it had been opened; on looking in the box I found the things mentioned were gone. The prisoner was a servant in the house, and was suspected; she had left her place about a fortnight: on the 23d of November I heard where she was; I took a constable and took her up.

Did you make her any promise of favour? - No, my lord.

Prisoner. Yes, you did.

I did not make her any promise. The buckles she pledged for seven and six-pence, they are in court; the other things I never could get.

( James Muckelston , the pawnbroker, produced the buckles pawned by the prisoner.)

Constable. I received these buckles from the pawnbroker's.

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

Court to Constable. Was you present when they were together: did the prosecutor at any time promise her any favour if she would confess? - No, he did not; he said he would prosecute her.

GUILTY .

Privately whipped and discharged.

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

Reference Number: t17891209-30

30. ELEANOR HAYS was indicted for feloniously assaulting, in a certain dwelling-house, on the 27th of November , one Frederick Seabeck , and putting him in fear and taking from his person and against his will three guineas, and one half guinea, and 13 s. his monies .

FREDERICK SEABECK sworn.

On Tuesday fortnight, the 27th of November, I was robbed in Saint Catherine's-lane , at a house the prisoner took me to: I was sober at the time she took me out of the street; and I sent for some liquor: she took hold of me and tore my breeches pocket off, in which were four guineas and some silver; there was nobody else in the room; then she cried murder, and a man came up and took me by the throat: there was also three other girls; as soon as I could get away I told the constable: I first ran away from the house; then I told the constable: when we came back the door was locked, and we could not get in. On Wednesday morning I found the prisoner close to the house; I am sure the prisoner is the woman that tore off my pocket: I never saw her before: no money was found on her to my knowledge.

Mr. Knapp, Prisoner's Counsel. What are you? - I am a sailor . I lodge in a publick-house. I only drank a pint of beer. I was in Brick-lane when she picked me up; and she asked me for some liquor, but we had none: I had not been in the house two minutes before she tore my pocket off: there were four other women in the house when we went in. The prisoner and me went up two pair of stairs, and she cried out murder; and up came three girls and a man, who took me by the throat: as soon as I could I ran out of the house, and told the constable I had been robbed; we could not get into the house. I did not say any thing to the people that came up stairs. The next morning I took her. I lost four guineas and half a crown; I received the money the same day, but none of the money was found upon her.

Prisoner. I leave it to my counsel.

ELIZABETH FREELOVE sworn.

I know the prosecutor; I saw him the night of the 27th of November; one Mary Dowling took him into a house in the Alley; they staid about half an hour by themselves; it was No. 1, Bell-alley, Saint Catherine's-lane. I heard no cry of murder. I know the prisoner; she was not the girl the prosecutor went with. I went after the half hour into a publick-house, and there I saw the prisoner dancing a reel: I staid with the prisoner till eight o'clock.

NOT GUILTY .

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

Reference Number: t17891209-31

31. ANN HUTCHINSON and MARY HUTCHINSON were indicted for feloniously stealing on the 6th of December one cotton gown, value 1 s. a silk cloak, value 5 s. two handkerchiefs, value 4 s. a pair of ruffles, value 12 d. two aprons, value 10 s. two ditto, value 3 s. a night cap, value 6 d. two pair of cotton stockings, value 3 s. a linen pocket, value 12 d. and 11 s. in monies numbered, the property of Ann Body , in the dwelling-house of Ann Hutchinson .

ANN BODY sworn.

I lived last at Chelsea. I am a housekeeper. I was at Ann Hutchinson 's house in Cross-lane, Saint Giles's , at nine in the evening, to lodge there; I do not know how I came there; I met the prisoner in Holborn, and she took me to her house. I lost a cotton gown, value twelve shillings, a black silk cloak, value five shillings, four neck handkerchiefs, value three shillings, a pair of worked muslin ruffles, value two shillings, two muslin aprons, one value twelve shillings, the other, value nine shillings, two linen aprons, value four shillings, two pocket handkerchiefs, value sixteen-pence, a night cap, value four-pence, two pair of cotton stockings, value four shillings, a linen pocket, value ten-pence, and the money I am positive to is eleven shillings; I lost them at the place where Ann Hutchinson lived: I saw the daughter. I was going to my lodgings in Henrietta-street, in Oxford-street: I met Ann Hutchinson in Holborn, and she accosted me; why you are frightened? no, says I, I am not frightened, but I wish I could get a lodging nearer than where I am; she said, I should be welcome to her house; and sent her young child to Scotch Court, Cross-lane, Saint Giles's; when I got there I undressed myself and went to bed, and placed my things in a chair by the bed side; about nine, after I had been asleep two or three hours, I heard a great noise; I saw both the prisoners come into the room; her daughter came to the bed side and asked her mother what business she had to take in any body to lodge there; the mother desired her to make no noise for she should pay well for sleeping here: the daughter came to the bed side, and said, I should not lay any longer, and said it was the custom of that house, that whoever lay there should pay two shillings for gin, and she took my pockets from me, and insisted on having the contents, and she took from my pocket eleven shillings and some halfpence; she then brought the glass and the gin, and insisted I should drink; I would not, but she made me drink it because I was afraid of her; then she forced me by holding my shoulder and made me drink a second glass, which intoxicated me; then she took my bundle away and returned again in a few minutes without the bundle, and then told me to go about my business; the old prisoner was much in liquor; she was present. I asked her for my bundle; she swore I never brought any bundle there; she then gave the candle to her younger sister to light me down; she would not; then the prisoner took the candle and lighted me down: I said I would not go without my money and bundle; then she said, if I would not by fair means I should by foul means; she took me by the two shoulders and shoved me out of the room, and from thence out of

the house; I asked the daughter to shew me into Holborn; she would not. I met two watchmen, and told them I had been robbed; they told me I was a woman of the town, and said I was a dirty hussey, and if I did not go about my business he would take me to the watch-house; I then met another watchman, I told him; he went with me to the house, but we could not find any thing of mine; then I saw Mr. Treadway, who searched the room, and found a cap, a black cloak, two handkerchiefs, and a cotton stocking.

EDWARD TREADWAY sworn.

I am a constable. On Saturday night last between two and three o'clock the watchman brought in the two prisoners; I went and searched with a candle, and broke open the door, and under a fish basket I found a black cloak in the ashes, this handkerchief under the bed, this cap and apron, this handkerchief in another corner of the room; I found nothing else. The prosecutrix was in liquor: she said the prisoners forced her to drink gin.

(The things produced and deposed to, the handkerchief marked A. G. the stockings marked with an A.)

How came the handkerchief to be marked A. G.? - Because I changed a handkerchief I had with a fellow servant at Chelsea, whose name was Ann Green.

Prisoners. We are innocent; we have no witnesses.

ANN HUTCHINSON , MARY HUTCHINSON ,

GUILTY, 39 s.

Transported for seven years .

The Court ordered Treadway a liberal allowance for his expences.

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

Reference Number: t17891209-32

32. WILLIAM CLARKE was indicted for feloniously stealing, on the 25th of October last, one hair trunk, value 2 s. a wooden box, value 18 d. three linen gowns, value 25 s. six aprons, value 6 s. a woollen apron, value 2 s. a pair of women's stuff shoes, value 3 s. a petticoat, value 3 s. three pair of stockings, value 3 s. three shifts, value 5 s. a gold hat-band, value 3 s. a silver tea-spoon, value 18 d. a silver seal, value 2 s. two guineas, and a half a guinea, a crown piece, and sixteen shillings in monies , the property of Mary Russell , widow .

MARY RUSSELL sworn.

I am a widow; I lost the things in the indictment, on Monday the 24th of October; I am a servant to Mr. Langdon, at the half-way house, Knightsbridge ; I entrusted the prisoner to carry the trunks and things in it to a neighbour's house, to leave them there for me.

You desired him to carry them for you, and he never returned? - Yes; he deserted from his regiment, and sold some of the things at Finchley; I satisfied him before he went; he was to carry them to George Davage 's, but the things were not there; the things were worth 5 l. I told him to confess; and I found some things at Hounslow, at the house of Charlotte Bradshawe ; she is here with them.

CHARLOTTE BRADSHAWE sworn.

I keep an old clothes shop at Hounslow; I bought two gowns, a check apron and a pair of shoes of the prisoner, on a Monday, six weeks ago last Monday; I produce one gown, and a pair of shoes, and an apron; one gown I had sold before the prosecutrix came.

(Produced and deposed to.)

I gave him 12 s. I cannot be sure of the prisoner; it was about three in the afternoon; I did not take notice of him.

A Witness. I saw her deliver the box to the prisoner; he was quartered at the house; he took the things away; George Davage is not here.

PRISONER's DEFENCE.

Fourteen shillings was all I had; I was much in liquor.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17891209-33

33. SOLOMON ISAACS was indicted for stealing, on the 6th of November last, a silver watch, value 20 s. a steel chain, value 6 d. a steel swivel seal, value 6 d. a base metal key, value 1 d. the property of Thomas Eland .

THOMAS ELAND sworn.

I live in Union-street, Whitechapel ; I keep a chandler's shop , and belong to the East-India Company's warehouse; on the 6th of November when I got up, I brought down my watch, and hung it on a nail in the parlour, at the back of the shop, and in about twelve or fourteen minutes after, I left home: I am sure it was there then.

SARAH ELAND sworn.

On Friday morning, the 6th of November, the prisoner came in for a farthing-worth of sand; I went to get the sand, and he followed me into the back-house; my back was to him serving the sand, and he took the watch off the nail; I did not see him; I put the sand in his lap: I followed him, and shut the shop door to stop him from going out; I said what have you got in your lap; we stood on each side the door; I pushed my lame hand into his apron, and pulled out the watch; I said you have got my master's watch? he pushed me down, threw the sand down, and opened the door and ran away; he did not take away the watch.

(The watch produced and deposed to, maker's name, Robert Andrews , No. 1470.)

I have had it near thirty years.

REBECCA HEATH sworn.

My husband is a sailor; about half after eight, on the 6th of November, I heard a great screaming, I saw a man, and this woman lay all along in the shop, with the watch in her hand; she said, stop him; I cried stop, and in three minutes the prisoner was brought back.

PRISONER's DEFENCE.

On the 6th of June I went to Billinsgate market, early in the morning: I could earn nothing; I went to my sister to borrow a shilling; I met her in the street, with a milk pot in her hand; says I, lend me a shilling; says she, I have none, I will ask my husband; she gave me a halfpenny, to get a farthing's-worth of sand; I went next door, I had my apron on; says I, good woman, give me a farthing's-worth of sand; she brought it me; I gave the halfpenny into her hand; she went and took the watch out of the sand, out of my lap.

GUILTY .

Transported for seven years .

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

Reference Number: t17891209-34

34. WILLIAM WIMPEY was indicted for stealing, on the 3d of November last, one pair of velveret breeches, value 2 s. the property of Thomas Roberts .

THOMAS ROBERTS sworn.

I lost a pair of velveret breeches, on Tuesday the 10th of November; the prisoner came to my shop to enquire for a saw maker; I knew nothing of him; he came back again, and took a pair of breeches off from a nail at the door; a neighbour of mine saw him take them, but he is not here; I pursued him, and took him with the breeches in his hand; I brought him back and charged him with a constable.

JOHN EDWARDS sworn.

I heard the cry of stop thief, and I took the prisoner with the breeches.

PRISONER's DEFENCE.

I went into the prosecutor's house to enquire for one Morris a saw-maker, and as I was going along a man dropped these breeches, and I picked them up, and ran and called to him, but he did not return; and Mr. Edwards took me.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17891209-35

35. ROBERT BRIGGS and ROBERT FARRER were indicted for stealing, on the 2d of November last, three woollen cloth coats, value 7 l. two pair of casimere breeches, value 2 l. 10 s. two pair of black satin breeches, value 12 s. a pair of florentine satin breeches, value 20 s. two waistcoats, value 21 s. two ditto, value 10 s. one ditto, value 8 s. and a canvas hammock, value 12 s. the property of Samuel Clark , in the dwelling-house of Robert Hinton .

SAMUEL CLARK sworn.

I am a seaman . I was at Gravesend, and sent the things to Mr. Hinton, at Billingsgate; I sent the things mentioned in the indictment to his house, on the 28th of October: I only know they are my clothes.

WILLIAM REILLY sworn.

I am servant to Mr. Hinton, at the Queen's Head, in Dark-house-lane : we received all the things mentioned in the indictment; I saw them all; they were in the hammock; they were all put in one box, in the tap-room; it was the first box going in on the right hand; to be left till called for. The prisoners came into our house the 2d of November, and called for a pint of beer, about half after one in the morning, before tide time; I drew them a pint of beer, and they sat in the same box: one of them went out and told the other to call for a pint of beer; but instead of that he followed the other; I looked and saw something hang loose about Briggs, and I suspected him, and I pursued them, and called stop thief; and the constable had stopped them, and the things: one of the prisoners had a coat of the prosecutor's on: Freeyer took them to the watch-house, and the things.

JOHN FREEYER sworn.

I am constable and patrole of Billingsgate Ward. On Monday the 2d of November I met with Briggs first with a bundle at his back, about fifty yards from the Queen's Head; I asked him what he had got? he said, his clothes, he brought them from Gravesend, and said, he was going to the Tower to get a boat, to go down the river: I took him to the watch-house; going along Farrer came up and called Briggs; as soon as he came up I took him, with the assistance of the watchman, and put them both in the watch-house: Farrer had the prosecutor's coat on; several other things were found upon them, which I have kept separately; here are two coats, one blue, and one black: these things I took from Farrer, viz. one lamb skin waistcoat, value eight shillings, two black satin waistcoats, value ten shillings, two pair of satin breeches, value twelve shillings, an oldish black coat, value fourteen shillings. These things were taken from Briggs, viz. a blue cloth coat, value three pounds, a black cloth coat, value three pounds, four corded dimity waistcoats, value two pounds ten shillings. (Produced and deposed to.) Briggs had all the new things on his shoulder in the hammock.

Reilly. They were in the house about half an hour; I never saw them in the house before.

BRIGGS's DEFENCE.

I had been on board the Two Brothers with Farrer, from six o'clock till near one; I came on shore and saw two men with these things, they ran away from them, and we picked them up.

The PRISONER FARRER made the same defence.

ROBERT BRIGGS , ROBERT FARRER ,

GUILTY, 39 s.

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17891209-36

36. HENRY GRIFFIN was indicted for feloniously assaulting Joseph Lorimer on the king's highway, on the 8th of December , and putting him in fear and feloniously taking from his person and against his will seven hundred printed bills, value 6 s. the property of William March .

The prisoner's identity not being positively sworn to, he was

ACQUITTED .

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

Reference Number: t17891209-37

37. JOHN DOWTON was indicted for burglariously and feloniously breaking and entering the dwelling-house of John Walker , about the hour of eight in the night, on the 19th of November last, and burglariously stealing therein, two pair of red morocco shoes, value 3 s. his property .

JOHN WALKER sworn.

I am a house-keeper in Turnmill-street, Clerkenwell . On Thursday the 19th of November, my house was broke open; a square of glass was broke in the window: I was not at home.

ELIZABETH WALKER sworn.

I am wife of John Walker . The 19th of November the window was broke; I was in a little back room joining the shop, and I heard the window crack; as near as I can guess it was eight; it was quite dark; I heard the shop window break; and there was a light in the shop, and I saw something like a person's arm drawing out; and the window was broke, and the shelf all clear facing the square of glass; it was cleared of the shoes that stood before the square of glass; they were red morocco shoes; I cannot say how many pair were lost, but on Saturday two pair were brought into our shop to sell with my husband's writing in them, they were brought by a woman that is in court: the shoes are here: I am sure those shoes were mine; my husband's hand writing was on the bottom and the price they were to be sold at: we had not sold any of that sort for some time back, as red morocco shoes are not so much worn in winter; but these came back tacked together as they are now.

ANN MONK sworn.

I am servant to Mrs. Munday, she keeps a chandler's shop. I went out of doors. I live next door to the prosecutor; and I saw the prisoner watching about the door a long time; it was Thursday the 19th of November, about eight; I asked him what he wanted there? and he said, what was that to me: I did not see him do any thing to the window; I was forced to be in doors: I did not see him break the window: I have lived next door to the prisoner four years; I know him and his father and mother; he is a chimney sweeper : there was a light in the shop window: the prisoner is the person; I saw his face, and spoke to him then; there was no lamp near there: I never had any concern with him before to speak to him, but I know him by his face.

JOHN STAPLES sworn.

I am a shoemaker by trade: the prisoner offered to sell me the duplicate of the shoes for eighteen-pence.

Who was it? - Sweep.

Was it Dowton? - Yes; it was a duplicate of two pair of shoes, he said he had found two pair; I got them out of pawn by the duplicate; Sweep gave me the duplicate,

and I gave him eighteen-pence halfpenny for it, and a quartern of gin, and two-pence to buy him another quartern: I took the shoes out of pawn; the pawnbroker lives in Leather-lane, I do not know his name: I sent a woman with the shoes to this shop to sell them; I did not know they were stolen; I sent them by a shopmate's wife.

ANN HOLLINGSWORTH sworn.

The last witness is delirious at times. I am a shoe-maker's wife: the last witness works with my husband; the last witness brought two pair of shoes out of pawn, and brought them to our room, and I saw my husband clean them; they were children's red morocco shoes; and this last witness asked me to carry them to sell to the next shoe-maker's, which is a neighbour, Mr. Walker's; I carried them, and shewed them to Mr. Walker on Saturday (this day three weeks) towards the evening; Mr. Walker looked at them, and said they were his; I said, I could produce the man that gave them to me, and I produced Staples; I left the two pair of shoes with Mr. Walker: I should know them again.

BENJAMIN FIDLER sworn.

I am Headborough of Clerkenwell: I took charge of the prisoner by desire of Walker; they were two pair of red morocco shoes; I have had them ever since.

(The shoes deposed to.)

PRISONER's DEFENCE.

I picked up the duplicate last Thursday, and I sold it to that good man; it was not in my name, but in a contrary name.

Court. Is the pawnbroker here? - I did not think there was any occasion. The prisoner told me he picked up the shoes wrapped up in a paper, at Mr. Wells's door, the pawnbroker in Turnmill-street.

The prisoner called two witnesses to his character.

GUILTY of stealing, but not of breaking and entering .

Tried by the second Middlesex Jury before Mr. RECORDER.

[Transportation. See summary.]

Reference Number: t17891209-38

38. MARY, wife of BENJAMIN JOHNSON , was indicted for stealing, on the 25th day of November , three blankets, and other things, the property of John M'Kenzie , in a lodging room, let by contract, to the said Benjamin .

Mr. Knapp, prisoner's counsel, objected, that the lodging being let to the husband, the wife could not be tried, the contract was made with the husband; which objection was allowed.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17891209-39

39. MARY, wife of BENJAMIN JOHNSON , was again indicted for stealing, on the 25th of November last, one great coat, and sundry other things , the property of John M'Kenzie .

(The witnesses examined separate.)

JOHN M'KENZIE sworn.

The prisoner has taken all the things mentioned in the indictment out of my room; she stripped her own room, and then she stripped mine.

MARY BIRT sworn.

I am wife to Mr. Birt. I was called out of bed (I lodge at Mr. M'Kenzie's) about ten o'clock, in November, the prisoner said she did not know where she was, and I shewed her her room; I saw nothing of this property.

WILLIAM THOMPSON sworn.

I am a watchman. About eleven o'clock I saw the prisoner going along with a bundle, containing a great coat, and sundry other things, all the things mentioned in the indictment, except a tumbler, and I stopped her: I have kept them ever since; I took her to the watch-house.

Mr. Knapp, Prisoner's Counsel. Did the woman appear in liquor, or out of her senses? - No; I asked her what she had there? and she said, what is it to you? and I said, I must see.

WILLIAM SPARROW sworn.

I am a watchman. The 25th of November, at eleven at night, my brother watchman brought this woman to me; we took her to the watch-house; and the prosecutor came and owned the property: Thompson has had the care of the things; the great coat she had on, and the other things were wrapped up in a bedgown, the bellows and iron; the pepper box was in her pocket.

SARAH MACKENZIE sworn.

I am wife of John Mackenzie . By my husband's orders I let the room to the prisoner; she told me she had a husband, but I did not see him.

Court. You did not let her the great coat in the room, nor the irons? - No; I did not see the things till I saw them at the watch-house, which might be an hour after.

(The things produced and deposed to.)

JOHN WESTWOOD sworn.

I think it was Monday evening last, Mr. and Mrs. Mackenzie came from the Sessions-house, at Clerkenwell, and I asked them what they had done? they said nothing then; when they came back the next day, I asked them again; the first word I had from Mrs. Mackenzie was, damn the bitch, I am sorry I cannot hang her; why, says I, Mrs. Mackenzie should you endeavour to do that; she endeavoured to recall that word, but I repeated it to her; then I went away to my apartment, and there I staid some time; I did not go out any more for that evening: Mrs. Birt came home very much in liquor; and I heard Mrs. Chantry say, Mrs. Mackenzie, if I have not done her business, when it comes to the pinch, by God I will put in two or three words, but what it shall be done.

Mrs. WESTWOOD sworn.

Deposed to the same effect.

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

GUILTY .

Imprisoned six months .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17891209-40

40. JOHN AKERS was indicted for stealing a pair of window curtains, and an hempen sack , the property of Simon Brown .

The property being wrong laid, the prisoner was

ACQUITTED .

Reference Number: t17891209-41

41. MICHAEL SMITH was indicted for stealing a pocket handkerchief , the property of Upright Goldworthy .

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17891209-42

42. JOHN STALTUS was indicted for receiving goods knowing them to have been stolen .

There being no evidence he was

ACQUITTED .

Reference Number: t17891209-43

43. JOHN ADAMS was indicted for feloniously stealing, on the 27th of November last, a bay gelding, value 20 l. the goods of William Chesson Wills .

ROGER BLISS sworn.

I am coachman to Mr. John Nightingale ; on Thursday, the 26th of November last, I saw Mr. Wills's bay gelding in the field belonging to Nightingale, at Barnes in Surry , at five in the evening; and on Friday, the 27th, in the morning, a little after seven, I missed the horse; I went round the field, to see if it had broke out any where; it was a very white frost, and I saw nothing broke but the fence; and I tracked a man's foot to it; the track was not quite across the field, but to the break in the fence; I tracked him to the common, and from thence to the high road to London, from Barnes Common; I told my mistress, and came to Smithfield, and found my horse at the Bell-inn stable; I am sure that was the horse; it had been in Mr. Nightingale's field about a fortnight; I have known the horse: there were two splinter bones gone out on his fore legs, and where the saddle had galled him; and the blacksmith's name on the shoe; that is B; his name is Baker; and there is a B on it; I found the horse in the stable at the Bell, between ten and eleven in the morning; the ostler is here; his name is William Rumney ; he told me a little short man brought it to him about four or five in the morning, and left it in his care, as it was for sale; the ostler said the horse was sold; I told him not to let him go from that place; he said he had charged a constable with the man, supposing it to be a stolen horse; I went with the ostler and a constable to the Golden-lion in Smithfield; there we found the man; I charged the constable with him, and took the gelding home that evening.

WILLIAM RUMNEY sworn.

I am a hostler of the Bell-inn in Smithfield; I know the prisoner; the first time I saw him, was, he had got the gelding out of the stable, and was cleaning him, it was the 27th on November, of a Friday, it was about eight; the prisoner asked me why I had not cleaned his horse; he was cleaning it then; I asked him if it was to sell; he said he had it to sell, and he should be glad if I could help him to a chap to buy it; then I told him I knew a young gentleman that would buy it, if he would sell it at a fair price; and he said, what do you think it is worth? you know the price of a horse better than me; then I said, how old is he? and he said, look in his mouth, you know the age of a horse better than me; I asked him the price again, and he said, seven pounds, and would give me a guinea, to help him to a customer; I told a gentleman who deals in horses, he bought it for five pounds, and gave him half a crown for earnest; then I suspected the horse was stolen; and I told my master, and he sent for Mr. Holmes to stop the man; he is a constable; I stopped the prisoner a considerable time; then he went and brought two people to vouch for him; he came back twice; he brought a coachman and a Smithfield drover, and they knew the man very well, but could not be answerable for the horse; we let him go again to find somebody; but I saw him no more, till I saw him with a constable; it was a bay gelding, I did not take notice of his legs, or the saddle, or the shoes; the coachman took the horse away in the afternoon.

- HOLMES sworn.

On Friday morning the 27th of November, I was sent for to the Bell, and I saw the prisoner coming towards the gate; I asked the prisoner how he came by the horse; and he said it was his own property; I asked him how long he had it; he said two years, he was a higler and used it as such; I told him it did not look like a horse for draft, he said it was his; I went round Smithfield with him; but nobody knew him but two drovers, who had seen him near Richmond; I brought him back, and Mr. Worlings at the Bell, saying he

would detain the horse but not the man; I let him go, and afterwards found him at the Golden Lion drinking with some drovers; I called him out and told him I had an owner for the horse, he went quietly.

- NIGHTINGALE sworn.

I know this to be Mr. Wills's horse, his name is William Chesson Wills ; I suppose we have had him more than six months; I saw him at grass in the field, I saw him at Barnes, after he was brought back on the Sunday following; it is the same horse, I have not a doubt of it, the person who bought the horse, entered into a recognizance to appear, and he has not.

Court. Let him be called on his recognizance.

What is the horse worth? - Twenty-five guineas, he is a handsome horse, he is a very high bred horse;

PRISONER DEFENCE.

Coming over Barnet Common, two men overtook me and desired me to take this horse to the Bell Inn in Smithfield, and give him to the hostler to sell for them; I have no witnesses.

GUILTY , Death .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17891209-44

44. LAWRENCE HUMPHRIES was indicted for stealing, on the 28th of November last, a wicker basket, value 6 d. eleven pounds weight of butter, value 9 s. a steelyard, value 1 s. and a pig's head, value 1 d. the property of Samuel Swain .

SAMUEL SWAIN sworn.

I am a higler , I lost a wicker basket unloading my cart from Lime street, into Leadenhall-market ; the prisoner was brought back to me with the property on him; I can swear to the basket; it has a particular shut down, and I can swear to the butter and the steelyard.

FRANCIS BAYLEY sworn.

I am a constable and patrol, I took the prisoner with these things on him; at five in the morning, I was talking to a man who watches, and the prisoner came past; I followed him, saw him take the basket, and took him; the things were in the basket; he carried the basket not above ten yards; I asked him what he was going to do with that basket; he said he was going to carry it a little way.

(The basket and steelyard produced and deposed to.)

PRISONER's DEFENCE.

A countryman asked me to carry it.

GUILTY .

Whipped .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17891209-45

45. MARY VERNON was indicted for stealing, on the 28th of November last, two linen shirts, value 5 s. a sheet, value 1 s. two childs aprons, value 1 d. the property of James Wint .

JAMES WINT sworn.

I live at No. 73, Grub-street ; I am a broker , I lost two linen shirts, a sheet, and two check aprons from my house; the prisoner was my servant , I lost them from my bed-chamber; one shirt has my initials and the other shirt I can swear to; I missed them on Saturday the 28th of November, at night, I had not seen one of them for fourteen days.

WILLIAM HEPTINSTALL sworn.

I am servant to Mr. Parker, a Pawnbroker, No. 74, Grub-street; I know the prisoner, she pawned with me two shirts, two checked aprons, and a sheet; these things were all pawned separate; she had several times been at our house to pawn things.

WILLIAM NEWMAN sworn.

I am a constable, I had four duplicates which I found on the prisoner; a shirt,

two shillings and sixpence; the 20th, a shirt, two shillings and six-pence; the 25th of November, an apron; the 28th, a sheet, three shillings; these things were brought to me by these duplicates.

Heptinstall. These are our duplicates, I have the tickets that correspond with them.

Can you upon your recollection, say, it was this woman that brought the apron? - The owner said she had lost other things, and we searched the warehouse and found another apron.

(The things produced and deposed to.)

Prosecutor. This shirt I know by being joined in the collar, it was too little, and had a piece put in, the other shirt has my initials, I do not know this apron; I cannot swear to the sheet.

Court to Prosecutor. Was she a servant at your house? - Yes, at the time; I took her up immediately on finding the things at the pawnbroker's, I never gave her any shirts, she was only a weekly servant.

PRISONER's DEFENCE.

I have nothing to say in my defence, and have no witnesses.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17891209-46

46. JAMES WALLIS was indicted for stealing, on the 11th of November last, one wicker basket, value 6 d. one half peck loaf of bread, value 15 d. eight other loaves of bread, value 4 s. four other loaves, value 1 s. and eight other loaves, value 1 s. 4 d. the property of Mary Holford , widow.

ALEXANDER NORWELL sworn.

I am journeyman to Mrs. Holford; she lost a basket and bread in the indictment; I found the prisoner with the property, on the 11th of November, the day it was lost; I know nothing of the prisoner; my basket was pitched in Long-acre ; I went to to some customers, and on my return I found my basket gone; I found the bread in the possession of the prisoner, but not the basket; the bread was marked with a W; I met him with the bread under his arm, two quarterns and one half peck; I ran past the basket: all wheaten loaves are marked with a W; there was nothing particular in the W; but I set the bread, and can swear to it.

CHARLES ELLIOT sworn.

I was sent for to take the prisoner into custody; and at some person's house, in some court in Long-acre, I found the three quartern loaves.

JANE SCOTT sworn.

I was in my parlour, and I turned round and saw two men in my shop; I do not know which brought the bread; they were fighting, one says you have robbed me, and the other says you are a lying blackguard; I cannot say the prisoner was either of them; one said I am robbed of my bread, then he called stop thief.

PRISONER's DEFENCE.

I had the bread from one John Morris .

NOT GUILTY .

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

Reference Number: t17891209-47

47. JOHN ROE was indicted for stealing, on the 12th of November last, six pewter plates, value 2 s. 6 d. the property of Thomas Goodfellow .

THOMAS GOODFELLOW sworn.

I lost six pewter plates on the 11th of November, and found them on the 12th; I only swear to the property.

JOSEPH SHAW sworn.

I found these plates in a ditch at Edmonton; I brought them to Mr. Goodfellow's after I made a quiration.

WILLIAM JONES sworn.

I am the constable, I produce six pewter plates which were given me on Thursday the 12th of November; they seemed to be lately used; one had the marks of a red herring and some potatoes; the plates were found by Shaw; I went to him, he put the plates where he found them, and we watched in a field, about the length of the Court; about a quarter before six, a number of men came by from work, none of them stopped; about ten minutes after the prisoner came, went to the place and stooped down about two minutes; we took the prisoner and brought him to the place, then we could not find the plates; we got a candle and found them all covered with grass and removed; but he had not them in his possession to my knowledge; I asked him about them, he knew nothing of them, nor John, (a fellow workman) neither.

(The plates deposed to.)

Prosecutor. The prisoner had a red herring for supper the night before.

PRISONER's DEFENCE.

I am a stranger, I came up to harvest, and lodged at Mr. Goodfellow's; I went to work, and having a bad leg, I used to stop and wash it at the New River; I know nothing of the plates.

NOT GUILTY .

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

Reference Number: t17891209-48

48. ROBERT READ was indicted for burglariously and feloniously breaking and entering the dwelling house of Benjamin Whitehouse , about the hour of six in the night, on the 5th of December , and burglariously stealing therein, two worsted stockings, value 6 d. the property of Robert Key .

SUSANNAH KEY sworn.

I am wife of Robert Key , I live in the house of Benjamin Whitehouse , in Compton-street, Clerkenwell ; I went out on Saturday afternoon, to carry out my work, and I came home about six, and the alarm was that I had been robbed; I found two odd stockings gone which I had to mend; I do not know their value, I know nothing of the prisoner, he was taken when I came home.

WILLIAM BRECKNER sworn.

I live next door to the prosecutor; between four and five I saw the prisoner and a little boy standing about Mr. Whitehouse's door; I had seen them about several days before; I went out and looked at them, I went in again, I sent a little boy to watch them, and in a few minutes he came down stairs, and said he saw the little one try to shove up the sash of Mr. Whitehouse's, that was near upon five; I told him to come in, I went up stairs and looked out of window, and I saw the prisoner shove up the sash, and take out a small parcel and give it to the little boy, he lives next door to me; there was light enough to see his face, my window gives light enough for that; I came down stairs and he was at the next door; I brought him back to the place and sent for an officer, the little boy was gone off with the bundle; nothing was found on the prisoner but a knife.

Court to Susannah Keys . Did you leave those things near the side of a window? - Yes, in a great chair.

Could any body reach to that great chair from the street? - Yes, if they leaned in a good deal; I never got them again, I have the two fellows to them.

PRISONER's DEFENCE.

They said I should pay for all, for they had often been robbed.

NOT GUILTY .

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

Reference Number: t17891209-49

49. MARY RUSSELL was indicted for feloniously stealing, one hank of silk, value 10 s. the property of John Dye and Edward Harvey , privily in their shop .

JOHN DYE sworn.

I live at No. 38, St. Martin's Le Grand , I am a man's mercer and trimming maker , in partnership with E. Hervey; about seven weeks since I first saw the prisoner, she brought a pattern of sewing silk, and said her father used a good deal, and would be a good customer; she came six or eight times a week, a boy served her, and on packing up the paper, we found a considerable decrease in the quantity; this was a fortnight before; from that time we kept our silk weighed and marked, on purpose to detect her if possible, having a strong suspicion; we shewed her a paper containing ten heads, and each head weighing about eight ounces; Thomas Waters served her, who usually did serve her; I went out to see which way she went; when she came out the witness Waters followed her: Mr. Haywood was in the shop, he is not here; he took her back into the shop, I followed her; she sat herself on a stool nigh the counter, and on moving her from thence, we discovered a head of silk dropt on the ground; we sent for a constable immediately, and took her before Sir Sampson Wright's: she said, dear Sir, how can you say so; she did not desire me to shew her any favour.

THOMAS WATERS sworn.

The prisoner came into the shop, we shewed her one paper of raven grey silk; about six pounds in ten different heads, and about eight ounces in each; she purchased three hanks out of three different heads; I had examined that paper just before she was in, and I missed one head, which is eight ounces; I followed her out and brought her to the shop; she sat down on a stool; I sent for a constable, when he came, I was going to remove her into the middle of the shop to examine her, and there was a hank of silk on the floor by the stool; I counted the silk and missed a head before I went out; I did not see her take it; I will swear that hank of silk was not on the floor when she was brought back.

PRISONER's DEFENCE.

I did not meddle with or touch it.

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

GUILTY,

Of stealing, but not privily .

Transported for seven years .

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

Reference Number: t17891209-50

50. GEORGE WOODWARD was indicted for stealing, on the 5th of December last, a canvas wrapper, value 1 s. five pieces of printed callico, value 20 l. four pieces of ditto, value 25 s. eighty silk and cotton handkerchiefs, value 20 s. the property of John Russell , Thomas Russell , and Robert Russell .

TITUS BANCROFT sworn.

I live at the Bell, Friday-street; I am warehouse-keeper to Mess. Russell, carrier s; the property was delivered to me by Mr. Potter's porter, of Milk-street, (I have the bills of parcels in my pocket) it was last Saturday evening, about seven o'clock; a little while afterwards it was missing; I saw them put down in the yard, by the porter; I missed them in about ten minutes; I saw a man going with a truss on his shoulders; I immediately called out to know what truss that was going out, and receiving no answer, I called out stop thief; I only saw his back; he was pursued, he dropped the truss in the gateway: the size of the man appeared the same I saw; I stopped to pick up the truss, others ran after him; he was brought back in a very few minutes: the truss is in Court, I saw him drop it, I can swear to it; the truss is directed to James Tucker , of Honiton.

Mr. Knapp, Prisoner's Counsel. At

the time the truss was delivered to you, you knew nothing of the bills of parcels? - No.

Was there any direction upon it? - Yes.

How are the Russells answerable for these goods? - As being in their possession.

Do you consider a parcel before it is booked as your master's property, when delivered to you without being booked? - Yes.

Court. Had you examined the direction before it was taken away? - Yes.

THOMAS SIMS sworn.

I am a hair dresser; last Saturday night between seven and eight, I was going out of my master's door, No. 52, Friday-street; I heard the cry of stop thief from the Bell Inn; I crossed over the way and saw a man with a truss in the gateway on his shoulder, it was the prisoner; I saw his face, he threw it down in the gateway, he was coming down when I first saw him; he ran out of the gateway and up Friday-street, to the end of Angel-court, he made a stop there, and walked down the street as far as Watling-street; I saw an acquaintance of mine, and told him that was the man that had stole the truss; and he pursued, and I ran after him; I never lost sight of him till he was taken, and he was taken back to the house, and Bancroft said he could not swear to the man, he only saw his back, Mr. Bancroft took the truss.

Mr. Knapp. What time was this? - Between seven and eight.

Was it dark? - Yes; there is a lamp in the gateway.

Had you ever seen him before? - Yes, about an hour before.

Did you run after him? - Yes, as far as Angel-court.

So when he walked, you walked? - Yes.

Were you the first after him? - I believe I was.

Will you swear it? - I don't know, I kept my eye on him all the while.

Did you see his face after he came out of the gateway? - Yes, I did.

When he had stopped and turned round, you said that was the man, and not before? No, I did not.

JOHN SWAINE sworn.

I am a linen draper's servant, on Saturday evening, coming out of the Bell Inn: coming out of the gateway, I heard the cry of stop thief; I turned round and I saw a man under the gateway, throw down a truss; I do not know the man, he immediately ran up the street towards Cheapside; I pursued him, he ran into a Court (I never lost sight of him) and turned about and walked down the street; he crossed the street after he got by the Bell, and when he got to the corner of Watling-street, a person laid hold of him; he and some more that came up, took him to the Bell; I don't know the name of the court he ran into; it is on the same side of the way as the Bell is.

JOHN BOLTRIGHT sworn.

On Saturday night last, I heard the cry of stop thief, and I saw Thomas Hinder following two men, and he shewed me this man, the prisoner made no resistance.

Court to Bancroft. Is the direction on the things? - Yes.

Mr. Knapp. How long had you received it? - About ten minutes; I told the porter to put it under the warehouse window.

Court. First on this parcel there was a direction to Honiton, and you saw it? - Yes.

What sort of truss or parcel was it, on which this direction was? - It was this very truss, the very shape and size, and the truss has never been out of my possession; I was not above two or three yards from it, when it was put under the window, I observed Tucker of Honiton.

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

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17891209-51

51. WILLAM CRAMP was indicted for stealing, on the 3d of December , two saddle-horse bridles, value 10 s. the property of Thomas Hunt .

THOMAS HUNT sworn.

I am a stable-keeper ; I lost two bridles.

ROBERT BEST sworn

I was a servant; on Friday, the 11th of November, I missed one bridle; I did not know the other was missing till I saw it in the bag before the justice.

RICHARD CASTLE sworn.

I am a broker; I know the prisoner; on the 4th of December, he came to my shop, and offered me three bridles to sell, in a bag; I bid him pull them out, which he did; he asked twelve shillings; I asked him how he came by them, he told me he had them of a Jew, and gave half a guinea for them; I told him eighteen pence was as little as he could get by them, but I told him there was a broker lower down would give him more, and I carried him to the constable, and gave him charge of him.

(The Bridles produced and deposed to.)

Prisoner. I really did not steal them.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17891209-52

52. SAMUEL COOK and WILLIAM GRIFFITHS were indicted for stealing, on the 26th of November last, five men's linen shirts, value 10 s. two boy's ditto, value 4 s. two women's linen shifts, value 6 s. two table cloths, value 3 s. one napkin, value 6 d. one pair of dimity pockets, value 6 d. the property of William Thorne .

WILLIAM THORNE sworn.

I lost the things in the indictment the 26th of November, between four and five in the afternoon; they were hanging up in my passage, in Fulwood's Rents, Holborn ; they were taken away between four and five; I did not see them taken; one shirt and a boy's shirt have been found; I was at the magistrates when the prisoners were examined; I did not know them before.

CHARLES ELLIOTT sworn.

I am a constable; I produce two shirts, one of which I took off the little one's back, (Cook) the other was on the back of an accomplice, whose name is Burke.

(The shirt deposed to, which was taken from the back of Cook.)

I know nothing of Griffiths, but from the accomplice.

PRISONER COOK's DEFENCE.

I bought the shirt of a Jew for a shilling, because I was a poor boy.

RICHARD BURKE .

What age are you? - Going on fourteen.

Do you know the nature of an oath; suppose you swear false, what will become of you? - I shall go to hell.

RICHARD BURKE sworn.

I was along with Cook, at the house in Fulwood's Rents; Cook and me stood over the way, and William Griffiths , and a little boy that was discharged, went in and took the shirts; they brought me two shirts, and I went home with them; Cook stood with me on the opposite side of the way; he took what they brought him, and went home with it.

SAMUEL COOK , GUILTY .

Transported for seven years .

WILLIAM GRIFFITHS , NOT GUILTY .

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

Reference Number: t17891209-53

53. JANE ARCHER, alias HEWITT , was indicted for stealing, on the 3d day of December , four linen sheets, value 12 s. four woollen blankets, value 2 s. a rug, value 2 s. two bolsters, value 2 s. and a tin tea-kettle, value 1 s. the property of John Dodd, in a lodging-room.

NOT GUILTY .

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

Reference Number: t17891209-54

54. MATTHIAS CORBETT was indicted for stealing, on the 7th of December , a pair of cotton stockings, value 2 s. the property of John Heath .

NOT GUILTY .

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

Reference Number: t17891209-55

55. WILLIAM SETTLE was indicted for stealing, on the 4th of December , a copper saucepan, value 6 d. a cotton jacket, value 6 d. and a pair of trowsers value 6 d. the property of William Paget .

NOT GUILTY .

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

Reference Number: t17891209-56

56. JOHN SUTHERLAND was indicted for stealing, on the 4th of November , six thrum mops, with wooden handles, value 2 s. 6 d. the property of Ann Willey .

ANN WILLEY sworn.

On Wednesday, the 4th of November, I lost six mops; they are valued at half a crown; I missed them from the door, and was informed the prisoner took them; I ran after the prisoner, and took him in Piercy-street, Rathbone-place; he threw the mops down; I took him before he got farther than five or six yards from the place; Thomas Sweet took up the mops; the prisoner got away, but was not out of our sight; we took him again going along; he begged to go; he said it was the first time he ever did any thing of the kind.

THOMAS SWEET sworn.

On the 4th of November, I was getting in my pots, and I saw the prisoner take the mops from the door of Mrs. Willey; I kept the prisoner in sight till he was taken.

(Produced and deposed to.)

PRISONER's DEFENCE.

A young man asked me to carry them; I never took them from the door.

GUILTY .

Transported for seven years .

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

Reference Number: t17891209-57

57. ABRAHAM SOLOMONS was indicted for stealing, on the 29th of October , twelve yards of linen cloth, value 17 s. a Marseilles petticoat, value 15 s. a silk handkerchief, value 1 s. the property of Margaret Evans .

(The witnesses examined separate.)

MARGARET EVANS sworn.

I lost the things out of the Stratford-coach; I was going to Holloway-mount ; I saw the prisoner standing by the coach between seven and eight, when I lost the parcel out of the coach, but I did not see him take them; I have never got them again.

JOHN HYMAS sworn.

I was going by the coach, and I saw the prisoner and some more by the coach; but I cannot say the day; I saw a man much like him, open the coach door; I believe the prosecutrix was in the coach; I saw a man take a bundle; it was very much like the prisoner, but I cannot swear he is the man.

Court. There is no possibility of putting him on his defence.

NOT GUILTY .

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

Reference Number: t17891209-58

58. JAMES MOTLEY was indicted for stealing, on the 30th of November last, a quilt, value 1 s. a blanket, value 2 s. a bolster, value 3 s. a petticoat, value 1 s. a shirt, value 1 s. a shift, value 2 s. a sheet, value 1 s. a quilt, value 1 s. the property of John Verdille .

JOHN VERDILLE sworn.

I lost the things in the indictment; I lodge in my wife's father's house, in Christopher's-alley, Bunhill-row ; my wife's father and mother was out; we were down stairs; I was reading, and heard somebody above; my wife took the candle, and going up stairs, the prisoner was coming down stairs with the things on his shoulders; there was a boy came came first, which I collared; but he got away; the prisoner threw down the bundle into the yard, and jumped over it; she caught hold of the skirt of his coat, but could not hold him; I collared him, and called for assistance.

ELIZABETH VERDILLE sworn.

Deposed to the same effect.

(The things produced and deposed to.)

PRISONER's DEFENCE.

I know nothing of it.

The prisoner called two witnesses to his character.

GUILTY .

Transported for seven years .

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

Reference Number: t17891209-59

59 WILLIAM LEWIS was indicted for stealing, on the 14th of November last, four cloth coats, value 39 s. a silk waistcoat, value 3 s. a cotton waistcoat, value 3 s. a worsted ditto, value 3 s. two pair of corderoy breeches, value 12 s. and a pair of thickset ditto, value 7 s. the property of Bernard Benjamin .

BERNARD BENJAMIN sworn.

I lost the things in the indictment, the 14th of November; they were lost out of

my shop: I deal in those articles; I know the prisoner very well; I saw him three or four times round my shop, but not on the day of the robbery: I came down in the shop; I saw the prisoner behind the counter, and stopped him with the property: he owned at the justice's, that he opened the lock with a false key; nobody was in the shop when the things were taken.

THOMAS COLLARD sworn.

On the 15th of November, I was in the change, where the prosecutor rents a shop of me; I am the master of the change: I heard the prosecutor calling out very loudly for me; and inside the locker was the prisoner sitting down, and some clothes over him; and he confessed that he took the clothes, and opened the place with a key which he gave me; I do not recollect I promised or threatened him: but I was so flurried, I do not know what I said at the time.

Prisoner. I was in the change, and the prosecutor came and said, you rascally dog, you are a thief; I only went to drink at the pump.

(The things deposed to.)

GUILTY .

Transported for seven years .

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

Reference Number: t17891209-60

60. FRANCES LEE was indicted for stealing, on the 3d of November last, eighty-four halfpence, value 3 s. 6 d. and a wooden bowl, value one halfpenny , the property of Englebert Wageman .

ENGLEBERT WAGEMAN sworn.

I live in Parker-street, Drury-lane ; I am a publican : I put my halfpence into a bowl; the bowl was gone; I do not know how many there were: it was about seven or eight shillings; I saw the bowl about five or six minutes before: it was quite full; it was exactly when I was shutting up my shop, five minutes before eleven at night; the prisoner was there: she frequented the house; she went away, and the halfpence were gone: I went with the patrol, and found her coming out of her apartment.

WILLIAM SHAY sworn.

I saw the prisoner go out of the taproom, open the bar, and take out the till, and take the bowl full of halfpence; I was drawing beer, and I told my master after she was gone out; I am sure it was the woman at the bar.

Prisoner. That young man goes out and steals handkerchiefs, and comes into houses to sell them; he has been in New Prison since I have been confined here.

JOHN HUGHES sworn.

I am the patrol: I went with the prosecutor to this woman's lodging; I searched her, and found nothing but three farthings and a key: we searched her room and cellar, and found nothing: but on the top of the stairs, I found two parcels of half-pence in two handkerchiefs, and the prosecutor swore to three of them.

Prosecutor. These three halfpence were in the bowl; I believe them to be my property; I cannot swear positively to them.

(The three halfpence shewn to the Jury.)

NOT GUILTY .

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

Reference Number: t17891209-61

61. ELIZABETH JOHNSON was indicted for stealing, on the 8th of November last, two linen shawls, value 2 s. a muslin shawl, value 2 s. a silk handkerchief, value 12 d. a linen sheet, value 2 s. a pair of cotton stockings, value 12 d. a white apron, value 12 d. a silk cloak, value 20 s. four yards of silk ribbon, value 6 d. the property of Maria Fox .

MARIA FOX sworn.

On the 8th of November, I lost the things in the indictment (repeating them):

I went to my mother's in the morning; my clothes laid on the box, and when I returned they were gone; the prisoner lodged in the same house with me; when I came home I missed my property; I was informed she was gone out; and the prisoner was found with this cloak and handkerchief belonging to me upon her; we took her at the place where she formerly lodged, on the same day; she had this white shawl and black silk cloak on her, and one pair of stockings, and an apron; Morant has the stockings, he took them off her; this cloak and shawl are mine; I left them in my lodging when I went out.

MOSES MORANT sworn.

I belong to the office in Bow-street: I took the prisoner into custody, and took from her this apron and this pair of cotton stockings.

(Deposed to.)

ELIZABETH ABBOT sworn.

I know the prisoner; she had gone from me a fortnight; she called to see me that morning; she had a silk cloak and the apron on, which Mrs. Fox owned.

Prisoner. She gave me some of the things to wash, and the cloak she lent me.

GUILTY .

Transported for seven years .

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

Reference Number: t17891209-62

62. WILLIAM WEBB was indicted for stealing, on the 11th of November , a feather bed, value 30 s. a bolster, value 2 s. two linen sheets, value 3 s. three blankets, value 3 s. one rug, value 1 s. the property of William Dean .

WILLIAM DEAN sworn.

I keep a house at Black Pot Hill, in the parish of Kingsbury ; it was an empty house; I lost the things mentioned in the indictment out of that house; I saw them there last, about the 8th or 9th of November; I saw them about a month after at the prisoner's house, in the parish of Wilsden: there is a remarkable place tied in the rug, and mended in the sheet and blanket, the feather bed has a very dirty tick, by which I know it, and there is a place in the bolster torn, and a pin in it, which was in when we found it: the prisoner said he bought the things of my man.

(The things were also deposed to by the prosecutor's wife.)

JOHN HOLLAND sworn.

I saw the prisoner the next morning after the things were lost, with a bag upon his back, about a quarter of a mile from the house.

JOHN HOUGHBOROUGH sworn.

On the 10th or 11th of November I went out and bolted, and shut the door; the things were in the parlour; I did not know the prisoner, only I knew he was cutting hills on the Common: I never saw the things after they were missing: I never sold any of those things to the prisoner.

JOSEPH SENER sworn.

I took him into custody.

PRISONER's DEFENCE.

I bought them of John Houghborough , I gave a guinea in silver for them; I laboured for the money: I was newly married.

Court to prosecutor. Is he newly married? - Yes.

Did he keep house before? - No, he lived in lodgings; he has not kept house above a fortnight.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17891209-63

63. EDWARD GARDINER was indicted for stealing, on the 20th of November last, six yards of nankeen, value 5 s. the property of a certain person unknown .

JOHN BEAMISH sworn.

I attend the publick office in High-street, Bloomsbury. On Friday the 20th of November, I saw the prisoner and another coming out of a house we have long had suspicion of; the other said, in the hearing of the prisoner, I shall not take less than six hog for it, meaning six shillings; I stepped up directly; the other saw me, and ran away; I laid hold of the prisoner, and found this nankeen under his left arm; he said he found it in Tottenham-court-road; I took him before a magistrate.

Court. Here is no foundation for the felony.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17891209-64

64. LYON HART , EMANUEL MARKS , and ANDREW HAKE were indicted for feloniously assaulting Samuel Bastin , on the king's highway, on the 7th of December last, and putting him in fear, and feloniously taking from his person and against his will, two shillings in monies numbered, his property .

SAMUEL BASTIN sworn.

I am a ribbon dresser : I work in Newgate-street. Me and William Porter , who is a worm maker, were coming along Wingfield-street, Spitalfields , on Monday night, the 7th of December, between eleven and twelve, he was a head of me about five or six yards: five or six men crossed over from the corner of Bell-lane, and caught hold of Porter; I saw the prisoner Hart lay hold of Porter; and as soon as I came up he seized me, and we both went on the ground; I called for assistance, but could find none: I saw the prisoner Marks draw from under his left hand side, a cutlass or hanger, I saw it shine much, and he cut me over the head; I had hold of Hart with my right arm; and some other came up and beat me with a bludgeon over my cheek, which has the mark now; and over my arm; when they beat me in such an unmerciful manner, searching me; they turned my right hand breeches pocket out, and took two shillings; the prisoner Hart was there, but I cannot say he did any thing; but the prisoner Marks cried out, while he was beating me with a bludgeon, damn your eyes, go it; then they all run away; I tried to follow them bleeding as well as I could, but I could not catch them. I cannot say it was moonlight, but there were three lamps, and it was under one of the lamps, against a house that had been just whitewashed; on the Tuesday I could not get out of my bed; on the Wednesday I went and gave information at the office; I knew the men; I worked in Petticoat-lane, and knew Marks by the name of Foreman John; I never spoke to him: I think they were taken on Thursday; I saw them at the publick-house joining to Mr. Wilmot's office, in Worship-street; there were other people at the publick-house at the same time; I picked out the prisoners; I am sure of all the three prisoners.

Prisoner Hart. He never mentioned the two shillings, till the next day: first he said he lost his hat? - I never said so; I did not lose my hat.

WILLIAM PORTER sworn.

I was with the other witness; we were both sober; we were going home from the Rose in Monkwell-street; we got into Wingfield-street; I live in No. 3, Green-court, in Essex-street; he lives in Fashion-street; going along I saw five men coming over to us; two of them crossed over to me, and one of them pulled out a bludgeon from under his coat, and hit me upon the head, which swelled my head very much, that was the prisoner Hart, he knocked me down, and Hake came and struck me several times over the body and arms; some more came up, but who I cannot say; I caught hold of one: then they left me and went to Bastin; what they did to him I cannot pretend to say; and then some more fresh ones came up to me; I saw five, but I think there were seven; I got one of them down; and two or three hit

me as hard as they could, and I let him go; I got up, and heard Bastin cry watch and murder several times, and I saw the men running away from Bastin: after they were gone Bastin directly told me they had taken two shillings out of his pocket; and we agreed to follow them, but I told Bastin I though his head was in too bad a condition to go, and we went into a man's shop, a chandler's shop, in Wentworth-street, and washed his head with some vinegar; that man is not here; then it wanted a few minutes to twelve: I cannot tell that man's name nor the number of the house; the door was open, but not the windows. I then said I knew all the men very well by sight, but not by name: I saw Bastin safe home, and then went home myself: we were coming the strait road home from the publick-house, when this happened; I saw the prisoners when they were taken up, at the publick-house, in Worship-street, next to the office: there were ten or twelve people.

Were these men pointed out by a girl? - There was no girl with us. There was a kind of twilight when this happened, and there were three lamps in the street, and it was just under one: I lost a hat, but I could not say who took it. There was a girl said she knew all their names; she gave us the names; but she gave them by the names that they went by, not the names they are now indicted by: I snatched at a hat, and tore out a lining: and I picked up this hatband and buckle.

Elizabeth Sutton called, but did not answer.

SAMUEL HARPER sworn.

I know nothing of the robbery; on Wednesday last, the 9th, I was at Worship-street office, the prosecutor and the other witness came there for two warrants, against the prisoners; they said they knew the names of them all; Marks went by the name of Foreman; accordingly on Thursday, about eight in the evening, we went to a house, the corner of Rose-lane, Wingfield-street, without the prosecutor; Marks and Hart were there, I knew their persons but not their names before: We told them about the robbery, and we found Hake at a cook's shop in Smock-alley, eating his supper; the prisoners were carried to the public-house near the office, and the prosecutor and the other man came, and pointed out the prisoners; a girl did not point them out; there were several people there, as many as eight or ten, the prosecutor was very much cut, and his shirt bloody, and the other witness had a bruise on his temple.

JOHN ARMSTRONG sworn.

I know nothing more than Harper has said; we apprehended Marks and Carey, (that is Hart) at a public-house in Rose-lane; the prosecutor gave the names; the name of one is Andrew Higgs , the other a man that goes by the name of Foreman John, and a man by the name of Carey; the third man we took at a cook's-shop; on the Friday morning, we took them to a public-house in Worship-street; the prisoners were picked out by the prosecutor, and by a girl; the prosecutor saw them over night at this very public house; there might be some people at the public house that night, but there were not many; I did not particularly observe; the next morning there were a good many.

Was it the girl or the prosecutor that pointed them out to you? - It was the prosecutor that pointed them out first; the girl did not see them till the next day; we were at the public-house before the prosecutor came, after we had apprehended the prisoners; we had a direction where to find the people, then the prosecutors came, and we told them we had took the people that we had the warrants against; there might be some other people in the tap-room.

Did the prosecutor point out the prisoners, or did you shew the prisoners to the prosecutor? - There was no question asked by us, not whether them were the people, or any such thing; there was no question put by me; they did see them, but I do not know that any question was asked them;

there was not by me; we told them we had got the people, and they must attend the next day, and they went away about their business.

Was there a girl came in with the prosecutor the next day? - There did; they all came in, one at a time, I believe into a room where there were sixteen or seventeen people.

Did you point out the prisoners to either of them? - Never.

Did the girl point out the prisoners to the prosecutor? - Never; she said she knew them, and so did the man then; the girl never was suffered to speak to them, but only brought into the room, and asked who she knew, she said she knew them all three, she was then taken away, and the prosecutor brought in; she was not suffered to speak to the prosecutor: the office is next door to the publick-house, and there is a room that comes through like a parlour, the prisoners were then all in the tap-room, the people were in the other room; they were brought through, one at a time, and asked who they knew, then they were taken back; the prosecutor seemed to have a cut on the head; I did not observe any kind of marks on the other, he complained how he had been beat, and his shirt was a little bloody, and his apron,

JOHN SHAKESHAFT sworn.

I apprehended the prisoners in company with Harper and Armstrong; Porter had told me he had lost his hat, and had shewn me a hat lining, and a band and buckle, and I asked Porter if Hart's hat was his, and Hart said, that is not his hat, for I am sure it is mine, for I lost the lining, and band and buckle out of it; so I kept the hat; this hat I now produce, I had off Hart's head; it is without a lining.

PRISONER HART's DEFENCE.

I have no witnesses; several people were here yesterday and the day before, to give me a character; they advised Marks to be an evidence, and when they found he would not they handcuffed us, and they sent for the prosecutor and this other gentleman, and said here they are; nothing was mentioned that night about losing two shillings, only the hat; in the morning we were brought from the watch-house handcuffed, and they brought me an old hat to put on, and called in Sarah Sutton ; now, says they, look round, and see if you know any of these men; she turned her head round, and said, I know them all three; she did not say what three, but went away, and when we had our hearing, she was sworn; we are innocent, and our poor precious lives are sworn away false.

( Elizabeth Sutliffe called, and not appearing, her recognizance was ordered to be estreated.)

Jury to Bastin. Did you go any where after the men had been with you? - A Jew took me in and dressed my head, in Wingfield-street.

Was it in a shop? - I cannot say, nor what he was, nor what he put on my head; I believe the shop was a chandler's shop, as they sold the other young man a candle for a penny.

PRISONER MARKS's DEFENCE.

Armstrong called me out of a publick-house, and said he had a warrant against me for a highway robbery, and if I knew any thing about it to let him know; I told him Hake was at the cook's-shop, we were all innocent; Armstrong wanted me to be an evidence the next day.

PRISONER HAKE.

I know nothing about it.

Court to Prosecutor. Did you ever prosecute any body before? - I never was in here before in my life.

Do you or either of you know any thing about the reward? - No.

LYON HART , EMANUEL MARKS , ANDREW HAKE ,

GUILTY , Death .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17891209-65

65. WILLIAM JUGGINS and JAMES HUGHES were indicted for burglariously and feloniously breaking and entering the dwelling house of Robert Williams , about the hour of seven in the night of the 24th of November last, and burglariously stealing therein, one wicker basket, value 1 s. four yards of brown holland, value 4 s. two half yards of cambrick, value 9 s. a piece of muslin, value 4 s. and other things, his property .

(The witnesses examined separate.)

ROBERT WILLIAMS sworn.

I keep a corn-chandler's shop at Islington , I am a house keeper; I was not at home at the time.

ELIZABETH WILLIAMS sworn.

On the 24th of November last, between six and seven in the evening, I found the window open when I went to look, I sat at tea in the shop, the things were taken out of the parlour; they were either in the basket, or close by the basket; but best part in it I suppose; no part of the window was broke or forced; I cannot recollect, I was in the parlour after dusk; I think I was there about dusk, I am not certain; I sent in a little boy afterwards; the last time I was in the room the window was down; the window is about a yard from the ground; the property was brought into our house by a watchman, named Hatfield, who is in Court.

CHARLES ROWLEY sworn.

I am a day labouring young man at Islington; as soon as it was dusk, I was getting my supper, and Hughes called me out; I asked him what he had got on the bench? he said a basket of snow: I cannot recollect the day; I believe it was in November; I was getting my supper at the Bluecoat-Boy, Islington: he went away, and after he went, Juggins came to enquire for Hughes, and he went away.

WILLIAM GILLING sworn.

I am a servant to a butcher; Hughes came into the Bluecoat Boy, as I was having my supper, and asked for Rowley, and Rowley went out of the door to him; I followed him out, and heard him ask Rowley for Juggins: and Hughes said he had a basket of snow: Rowley asked him where he got it from; he said up on the Green; Rowley bid him take it back to the Green.

Court. What did he mean by a basket of snow? - I suppose he meant linen, as I have heard.

What did he mean by being up in the Green? - I do not know indeed, it was on Tuesday night, a fortnight ago.

Mr. Knapp, Prisoner's Counsel. You know nothing what this basket contained? - No.

JAMES GILLING .

Mr. Knapp. Did your ever take an oath before? - Yes.

Do you know what an oath is? - Kiss the book.

Do you know the consequence of taking an oath? - No.

How old are you? - About sixteen.

Can you read? - No.

Did you ever learn your catechism? - Yes.

What becomes of bad boys that tell lies? - Go to the devil.

JAMES GILDING sworn.

I sweep the cross-ways and carry out meat; James Hughes gave me fourteen shillings to hold for him; I gave it to him again a few minutes afterwards, at the Angel at Islington; I think it was Wednesday about a fortnight ago; I do not know the month.

FRANCIS BALL sworn.

I am a Constable in Islington; I took up the prisoner; I went with the watchman, John Hatfield , to take Juggins to the watch house, after Hughes was taken; I found nothing upon him.

ROBERT OLDERSHAW sworn.

I am a constable, I took the prisoner into custody, on the information of Mr. Williams; Juggins lives in Peacock-court, and Hughes lives in Three Crown-court, Islington: I believe it was the 25th of November,

on a Wednesday; the robbery was on Tuesday night; I found nothing on either of them.

JOHN HATFIELD sworn.

I am a watchman of Islington; on Tuesday night when the robbery was committed; Mrs. Williams said she was robbed, and on the Wednesday night I apprehended Hughes and Juggins; I found nothing on them.

THOMAS COLLINS sworn.

I am a constable; I know no further than searching the house of Saltres; and finding some things which Mrs. Williams said was hers.

Court. There is no evidence.

BOTH NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17891209-66

66. MARY COLLINS was indicted for feloniously stealing, on the 2d of December , five yards of printed callico, value 21 s. the property of Walter Smith , privily in his shop .

NOT GUILTY .

Reference Number: t17891209-67

67. The said MARY COLLINS was again indicted for feloniously stealing, on the 2d of December , five yards of printed callico, value 15 s. the property of John Dance , privily in his shop .

NOT GUILTY .

Reference Number: t17891209-68

68. The said MARY COLLINS was again indicted for feloniously stealing, on the 2d of December , five yards of printed callico, value 12 s. the property of William Prior , privily in his shop .

NOT GUILTY .

Reference Number: t17891209-69

69. The said MARY COLLINS was again indicted for stealing, on the 2d of December , one half muslin handkerchief, value 2 s. a pair of striped muslin robins, value 6 d. the property of Thomas Treyere .

THOMAS TREYERE sworn.

I keep a sale shop , the prisoner came into my shop about half past three, on the first of this month; she offered me an old white under-coat to sell; I looked at it, and asked her if she had any thing else; she told me she had, and she pulled out a black cloak out of her bundle; I looked at the two and asked her the price; I told her the coat was of little service; I would give three shillings for the cloak: she told me I should have them if I would give her four shillings; I said I would give no more; she said, take the cloak at three shillings: I had only two shillings in my pocket; I left the shop to go into a parlour for some silver; I asked her to give change, she could not, she said I will step opposite and get change; but it does not signify; I will take my cloak; and she took it and went; I immediately missed my handkerchief; I went after her, and said to her; madam, I believe you have taken a half muslin handkerchief out of my window; she said, I believe you will find yourself mistaken; come back to your shop; we went back, and she pulled the handkerchief and robbins out of her pocket; and said, I did take them: she had offered me before a piece of cotton to sell; but I did not chuse to buy it; Mason followed her into the shop; he was coming past at the time; the handkerchief was hanging across a rail in the window, it was impossible for me not to see it; the robins hung with it.

GEORGE MASON sworn.

I was present at this time, when the woman was taken back; and she took this handkerchief and ruffles out of her pocket; she was quite panic struck.

PRISONER's DEFENCE.

I leave it to my counsel.

The prisoner called four witnesses, who gave her a good character; one of whom was Lord Dover's porter, who said she waited on a young lady at his Lordship's house, and was still room maid, which was a place of trust, and lived there more than a year.

GUILTY , aged 22.

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17891209-70

70. JOHN THOMPSON was indicted for feloniously stealing, on the 23d of November last, thirteen iron hoops, value 5 s. the property of John Clarke Steward , privily in his warehouse .

EDWARD BERRY sworn.

Me and Robert Slater were desired to watch, and we heard the jingling of hoops, and they appeared moving and I fired a gun; and by the light of the flash, I saw the prisoner absolutely in the warehouse.

Robert Slater deposed to the same effect, and found in the garden, behind the warehouse, thirteen hoops tied up as they are now; no hoops were kept there.

John Allison deposed that he marked the height of the piles of the hoops the night before, and the next morning there was a deficiency in the piles.

PRISONER's DEFENCE.

A man gave me two shillings to fetch them out.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17891209-71

71. JAMES STEWART was indicted for stealing, on the 7th of December , three pewter quart-pots, value 5 s. and two pewter pint ditto, value 1 s. the property of Francis Peake .

The prisoner went to sell the pots at one John Skinner 's; and on his looking at the prisoner, he said, damn your eyes, who are you looking at? if you don't buy them, I will do you. Skinner fetched the owner, and the prisoner was committed.

PRISONER's DEFENCE.

A young man gave them me to sell.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17891209-72

72. JOSEPH MATTHEWS was indicted for burglariously and feloniously breaking and entering the dwelling house of Martin Butler , about the hour of six in the night, on the 26th of November last, and burglariously stealing therein, three pair of cotton stockings, value 9 s. his property .

MARTIN BUTLER sworn.

I live in the Minories, No. 22 ; on Thursday the 26th of November last, between six and seven at night, as I was sitting in a room at the back of my shop, I saw the arm of a man at the shop door, taking stockings from off a line at the window; I ran out into the street; I saw a man run, and I cried stop thief; I then returned into the house: in a few minutes after word was brought me that there was a man in the watch-house; I went there immediately, and knew those stockings to be mine, the constable shewed them to me, his name is Moses Emanuel ; I never saw the face of the man.

Was the door shut? - It was.

Was you the last that was out of the door? - I do not know.

How do you know it was shut? - I observed it was shut some little time before.

How long before? - It might be a quarter of an hour.

Had any body been out in that quarter of an hour? - No.

You did not hear the door open? - I did not, it opens with a latch.

Mr. Knowlys. Who rents your house? - Myself.

Are you the only person in the trade? - Yes.

Your business was pretty nearly over at the time? - It was.

How many persons might you employ? - Only a female relation that attends the business, she is in the same room.

Is she here? - No.

Who last served in the shop? - I cannot say perfectly, but I think myself; nor do I recollect the customer that was last in the shop, nor how that customer left the shop.

The latch I take it, putting up would make some little noise to a person attending it? - Most certainly.

Your attention was a good deal directed to the door of the shop? - It always is.

A WITNESS sworn.

I sell butter, I was coming up the Minories the 26th of last month, in the evening between six and seven, I heard stop thief; I saw the prisoner running up the street as hard as he could; I caught him in a dozen yards; I know the prosecutor's shop now, I did not then; he was running from the shop before I caught him; he threw something out of his hand, I did not pick them up, the next witness did; I took him in half a minute, in about ten or fifteen yards; there was nobody near; I was close to the stockings when they were picked up; he was taken into custody, the prosecutor said the property was his.

THOMAS HYDE sworn.

I am a shoemaker, I picked up the property; I did not see the prisoner throw it down, the last witness had hold of the prisoner, and said he had thrown down the property; I carried it to the watch-house, the prosecutor came in, in a few minutes; there were three pair of stockings loose, two pair lay together and the other loose; somebody else took up the other pair; they were cotton stockings with a silk clock.

There were several people in the street? - About nine or ten, he was as far before, as from you to me.

JOHN DOUGWAL sworn.

I am a constable, I took the prisoner; Moses Emanuel had the care of the stockings.

MOSES EMANUEL sworn.

Between six and seven I went out on duty; these gentlemen, Mr. Butler and Mr. Hyde came in and gave me charge of the prisoner and the things; I have kept the things ever since.

(Produced and deposed to.)

Prosecutor. I know them no otherwise than by the patterns, and frequently having them in my shop; there is no shop mark, the clocks are silk.

Court to Prosecutor. The lady who usually serves for you in the shop, is in London? - Yes.

GUILTY,

Of stealing, but not of the burglary .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17891209-73

73. JOHN CLARKE was indicted for stealing, on the 1st of November last, forty pounds weight of lead, value 10 s. belonging to David Heneger , and affixed to a certain house of his , against the statute.

DAVID HENEGER sworn.

This lead was stolen from a house belonging to me, on the 1st of November last; and in consequence of some information from Thomas Stanton , I found the property in the prisoner's room: the prisoner came to see some people that lived in the house; he lives about three hundred yards off.

Did you know he lived in that room? - No, I missed the lead about half an hour before it was found; this is my property; this piece of pipe went into the yard by this string.

JAMES CONWAY sworn.

I am one of the patrol of St. Sepulchre: about a quarter before ten the prosecutor came to the watch-house for a constable; I went to a public house in Long-lane, and took the prisoner into custody, on suspicion of stealing this leaden pipe; it was the first of November, on a Sunday evening; I have seen him in bed in the room about a twelve-month ago, but I cannot say how long exactly; I drew a basket from behind a door, and under a stair-case I found some leaden pipe; I took it to the watch-house; I examined part of it that night at the prosecutor's house, and it matched exactly; a piece of pipe that is broke close to the cellar window that comes into the street; it appeared to be newly broke; it matched at one end, and the other end was taken away entirely; as nearly as possible, I can swear it came from that place; it had lost its shape, and we were obliged to bend it in the proper form to try it.

Jury. How long had you known the prisoner? - Five or six years.

RICHARD WILLEY sworn.

I am another patrol, I went with the last witness and took Clarke; and we went to his room, and received the lead from Conway; he has had the lead; I marked it, and the same night we measured; and there is a piece that seems something similar to fit it; all this lead was taken from under the stairs; here is an iron hook that was placed in the wall to support the pipe, and the lead appears to be pressed by it.

SIMON CARTER sworn.

I am another patrol, on the 1st of November, about a quarter before ten on Sunday night, the prosecutor came to the watch-house, I took the prisoner out of a publick house; I did not see the lead till it was brought to the watch-house.

PRISONER's DEFENCE.

I am as innocent as the child unborn; I was at Mr. Stanton's at the time; he is here.

THOMAS STANTON sworn.

The prisoner was at my house that afternoon; I lodged in the house where the lead was taken; I lighted him out about seven; he had nothing with him then; he had been in the house an hour or a couple of hours; I cannot say exactly, he was out and came in again; he only went out once; he let himself out the first time; he was in my company the whole of those two hours; I saw the pipe safe the day before, on the Saturday.

Was he in the house on Saturday or Sunday morning? - Not to my knowledge, it must have been taken before I lighted him out the last time, I saw nothing on him them.

Prosecutor. I had not seen the lead for a week before.

Jury to Stanton. How long was the prisoner out the first time? - About an hour and three quarters.

Court. Did you hear the door open immediately when he went out? - I cannot say I did.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17891209-74

74. SAMUEL THOMPSON was indicted for stealing, on the 9th of November last, privily from the person of John Hawgood , one canvas purse, value 1 d. his property, and one order for payment of money, value 20 l. dated Basinghall-street, 9th of November, 1789, signed by one William Medcalf , by the procuration of John Medcalf , requiring John and George Whitewood to pay him, or J. Wood, or bearer 20 l.; another order for payment of money, dated the 9th of November, 1789, signed by one William Aston , requiring Mess. Barnet, Hoare, and Hill, to pay No. 84, or bearer 10 l. the said orders being his property, and the several sums of money due on, and secured by the said orders, being then at the time of committing

the felony aforesaid, due and unsatisfied , against the form of the statute, and against the peace.

The witnesses examined separate.

JOHN HAWGOOD sworn.

I live in Northamptonshire. I was going up Cheapside on Lord Mayor's Day, between eleven and twelve, and I was privately robbed of above one hundred and fifty pounds, in a canvas purse; it was in my breeches pocket, buttoned up, and my clothes buttoned round; I put it in my pocket at the Greyhound, in Smithfield, between eleven and twelve, as near as I can guess; I was at the bottom of Queen-street, going to Lombard-street; I was very much squeezed as if ten men held me; and as soon as I could get loose, I found my purse was gone; my pocket was not turned out, but the button was unbuttoned; I am sure I buttoned it up at the Greyhound: I felt no hand at my pocket at all; it was taken privately; there were drafts in the purse; I received the drafts about eleven o'clock, at the Greyhound, for cattle I had been selling; I cannot say how many drafts, some ten, some fourteen or fifteen; some twentys: I am sure I put all the drafts which the next witness gave me into my purse, before I came from Smithfield.

Mr. Knapp, prisoner's counsel cross examined the witness.

Michael Bownell , clerk to Mr. Binns, deposed to paying the prosecutor the drafts mentioned in the indictment, for beasts he had sold in the market; and recited the drafts, but that the one for ten pounds, he believed was payable to No. 84, but was not sure: on his cross examination it appeared, that he paid the prosecutor two other drafts of ten pounds, which were put into the same purse, and were drawn payable to No. but not to the same No. and could not say to what No. they were made payable, nor could he say whether they were all the same date.

JOHN NEWMAN sworn.

I am clerk to Messrs. Barnett, Hoare, and Hill. On the 9th of November the prisoner presented one of the drafts in the indictment to me for payment, as near as I can recollect about two o'clock; I asked him what he would have for it; he said, money, or if I pleased a bank note: I shewed it to Mr. Barnett, and he detained the man, and sent for a constable: I have had the draft from that time to this, except a few hours; it was taken with the prisoner to Bow-street, as I understand; I put no mark on it then; it went out of my hands the same day it was presented to me; I cannot say who had the care of it, but one of our clerks went with it in a coach; I gave the note to Mr. Barnett; he is not here.

Are you sure this note which you have in your pocket was the note which you parted with, and which you received from the prisoner? - I can, by some marks on the back; there were several sums on the back of it, by which I am sure of the identity of the draft, that induced me to stop the prisoner; because I was informed of those marks, and if they were on it I was not to pay it.

Do you recollect what those sums were? - Fourteen pounds eight shillings was one sum, and two or three ten pounds, in black ink, it was dated the 9th of November, 1789, drawn by W. Austin, the sum was ten pounds; it was on our house.

Do you remember the figure? - No. 84, or 84; I do not recollect whether there was No. or not.

Mr. Knapp submitted to the Court, whether the draft should be now produced, as it had been in other hands, the law requiring the best evidence.

The Court was of opinion it was a fact to be left to the jury.

(The note handed to the Court.)

Court. You cannot read this note, it is not the note he has described; here are no sums of ten pounds, but one sum of thirty pounds on the back? - I said two or three ten pounds; they are comprized in one sum, thirty pounds.

Court. I never can take it in that way.

Jury. Is there fourteen pounds eight shillings upon it, my lord.

Court. The sum, gentlemen, here is fourteen pounds three shillings.

The Court then informed the jury that this note, which was offered to be produced, not corresponding with the note described by the witness; and the notes not being traced from hand to hand, there was therefore no evidence against the prisoner.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17891209-75

75. GEORGE BROWN and JOSEPH WALLIS were indicted, for burglariously and feloniously breaking and entering the dwelling house of Francis Palmer , between the hours of four and five in the night of the 25th of November last, and burglariously stealing therein, two pewter dishes, value 7 s. his property .

And THOMAS PONTIN was indicted for feloniously receiving the same, knowing them to be stolen .

(The case opened by Mr. Silvester.)

FRANCIS PALMER sworn.

I am a carpenter, and keep the Roebuck, in Turnmill-street, Clerkenwell ; on the 25th of November last, I went to bed about twelve at night; I was the last person up; I went all round, as I generally do, to see myself that the doors and windows were all safe; I was alarmed in the morning, between five and six, I heard a great noise in the back kitchen; I got down as fast as I could, and opened the door of my back kitchen, but it was so dark, I thought somebody would knock me on the head, and I opened my back door, and the watchman brought me a light, and I found the back window was broke open; the square was broke to put in their hand to open the window shutter; there is a mark in the shutter; Brown was taken the very same evening, with an iron crow, which fits that mark as near as can be; the shutter was forced open; it was pressed down; the window was whole, and the shutter fast, when I went to bed; I found two large pewter dishes missing; I alarmed my neighbours, and one and another came in, and in consequence of suspecting the two prisoners, I went out to look after them; I could not see them; and two men went by, and on information, I went to Mr. Panton's shop; Mr. Panton first denied that any of my property was there; I told him downright, he must have it, and he denied it strongly; after a while, I said, you have no reason to deny it, for I have the two men in custody; then he admitted having them, and shewed them to me: these are the dishes; I am sure they are the same; I did not take them away for a good while; they are bent, which was done to take them out; they were quite strait over-night, on the top shelf in my back kitchen; there is a particular mark, an R, scratched in the edge, and the other is much bruised; I am sure they are mine; one of the prisoners, Brown, was taken the same evening; I did not see him till the next morning,

Did you make him any promises or threats? - No.

What did he say? - He owned before the justice.

Mr. Knapp, Prisoner's Counsel. Was it taken down in writing? - It was, before the justice.

Is there any examination returned? - There is no confession returned: Wallis was before the justice at the same time; what he said was taken down in writing.

Mr. Silvester. I have no other evidence.

WILLIAM BRACKNEY sworn.

Mr. Knapp. Do you know any thing but what passed before the justice? - No.

Was that taken down in writing? - Yes; Wallis's friends applied to me on Sunday morning.

Mr. Knapp. What they said is not evidence.

Brackney. Wallis told me, if I would get him made an evidence, he would tell me all he knew.

Mr. Knapp. That will not do.

JONATHAN REDGRAVE sworn.

I was not before the justice; I only found this crow on Brown.

James Penton called, but did not answer.

ALL THREE NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17891209-76

76. RICHARD BLACKBURN was indicted for stealing, on the 19th of October last, one linen shirt, value 2 s. the property of Hugh Jones .

ELEANOR JONES sworn.

A little boy of mine lost a shirt; his name is Robert; my husband's name is Hugh Jones ; I found the shirt put into pawn by the prisoner in Wych-street.

WILLIAM MOLE sworn.

I am a pawnbroker; the prisoner brought this shirt to me to pawn, the 19th of October; I know the prisoner very well; I lent him 18 d. upon it; it is pledged in the name of Mr. Wilson.

(Produced and deposed to.)

PRISONER's DEFENCE.

I brought the things from another person; one Mary Wilson , in Star-court, Chancery-lane; she was here yesterday to prove it.

(Called, but did not answer.)

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

NOT GUILTY .

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

77. He was again indicted for stealing, on the 20th of October last, a linen shirt, value 3 s. the property of Richard Hammond .

RICHARD HAMMOND sworn.

I lost a shirt on the 20th of October; I found it at the pawnbroker's, where he had pawned it.

WILLIAM MOLE sworn.

The next day the prisoner brought this shirt to me in the same name.

The Prisoner made the same defence.

NOT GUILTY .

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

Reference Number: t17891209-77

78. WILLIAM GIBSON was indicted for stealing, on the 15th of November , two cloth coats, value 10 s. two linen waistcoats, value 12 d. three pair of black silk stockings, value 3 s. three thread stockings, value 6 d. two clasp knives, value 2 s. one pair of scissars, value 1 d. one button, value 1 d. one pair of knee buckles, value 6 d. one surtout cloth great coat, value 10 s. one pair of breeches, value 12 d. one linen handkerchief, value 4 d. two pair of worstead stockings, value 4 d. and one pin-cushion, value 1 d. the property of John Weston .

JOHN WESTON sworn.

I am a butcher's servant ; I was out of place; I lodge at Mr. Haine's, Portsmouth-street, Clare-market ; the prisoner was also out of place, and lodged in the same room; the things in the indictment were all in a box locked and corded; I went to a place at Hammersmith, and I left the things in the care of my landlord; I had intelligence that my box had been unlocked, and the things gone; I came up on the 15th of November, and missed the things; on the Monday following I saw the prisoner before justice Walker, and some of my things; the rest of my things were in a great bundle found in the room, ready to be carried off; and the box was locked and corded again.

THOMAS HAINES sworn.

I keep a publick-house, the Crooked Billet, in Portsmouth-street: the prisoner came and called for a pint of beer, and while I was down stairs, he went up stairs

in the garret; it was the 14th of November, on a Saturday, about half after nine at night; he had lodged there with the prosecutor, but had been gone away about twelve days; I saw the prisoner at the room door where he used to sleep; I asked him what business he had there; I went into the room, and I saw a bundle tied up along side the box; the box was locked and corded as Weston left it; the prisoner said it did not belong to him; I brought the bundle down stairs: I went into Clare-market to fetch Weston's brother; he came and opened the bundle: I gave charge of the prisoner: the prisoner stood a breast of the door: I had not been up stairs that day; I had workmen in the house at the time: the prisoner said he came there for a bottle of drops which he had left.

Court. How long had the prisoner been up stairs? - About a quarter of an hour.

JOSEPH BARRET sworn.

I am a watchman: the prisoner was brought to the watch-house, the 14th of November, between ten and eleven at night; I assisted searching him, and there were two pair of worsted stockings, one pair of thread, and one odd thread one, two pocket clasp knives, one pair of scissars, with the point on one side broke off, one small pincushion, and one pair of knee buckles, I believe they were plated, one old waistcoat button; they were given to Robinson, the constable.

AARON ROBINSON sworn.

I am a constable. I received these things at the Justices; I think from Mr. Dobbins.

(Produced.)

RICHARD DOBBINS sworn.

I am a beadle of St. Clement's Danes. On Saturday evening the 14th of November, between ten and eleven, the prisoner was brought to the watch-house; I was there, and searched him, and found in his pocket all the things, but the two clasp knives; I observed the scissars were broke; the things were delivered into the hands of the constable of the night; I believe he carried them to the justice's on the Monday following; I really believe they are the very things I took from the prisoner; I know I did not produce them before the justice's.

Barrett. I will not particularly swear these are the same things, they are the same quantity, but not being in my possession, I cannot swear, they might be changed.

Prosecutor. I can swear to one pair of white thread stockings, lined in the feet with white cotton, they were in my box all the summer; and to one odd stocking mended in the foot, here is the fellow, it was mended by myself; I swear to this knife, there is a lancet on one side, and a hook on the other; and this pincushion and scissars I swear to.

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

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17891209-78

79. THOMAS ROBINSON was indicted for stealing, on the 4th of December , one cloth coat, value 2 s. the property of Robert Roberts .

ROBERT ROBERTS sworn.

I lost a cloth coat the 4th of December, from a house in New Gravel-lane ; I am a carpenter ; I lost it from a garret; I came there to work; I staid on the roof of the house about ten minutes, and came into the garret, and I missed my coat, and saw the prisoner at the bottom of the garret stairs, with a bundle under his arm; I said what have you in this bundle; he made no answer; I asked him again if he had not a coat? and he said, no: I took the bundle from him, and there was my coat; I am sure it is mine.

JOSEPH KENYON sworn.

I am a carpenter. I was coming up New Gravel-lane the 4th of December; I saw about eight or ten people about; I saw the prisoner forcing open the street door of this empty house; this prosecutor was looking over the wall; says the prosecutor, he has stole my coat: I told him to go along; he would not; and I charged him with a constable; he had been turned out of the house.

JAMES WALLIS sworn.

I am headborough: I took the prisoner; the prosecutor charged him with stealing his coat: he tore my shirt and handkerchief: I think he was sober.

PRISONER DEFENCE.

I belong to a brig: I received a guinea, and bought some shirts, and trowsers, and breeches: I was in liquor, and two girls took me into this house; one of them took my bundle; I went up after it.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17891209-79

80. HENRY PERCH was indicted for stealing, on the 3d of November last, one iron stove, value 20 s. the property of William Morris .

WILLIAM MORRIS sworn.

I am an agent to a gentleman in the tobacco trade . I lost this iron stove grate on the 3d of November last, between six and seven in the evening; I was in my kitchen in Noble-street ; I heard a noise in the street of thieves in the house, and a violent rapping at the door; I went up stairs, and in the parlour I saw the prisoner; I enquired of him his business, and how he came there; he said he was walking in the street with two of his companions, and one took off his hat and threw it into my parlour; he had a hat either, on his head or in his hand, I believe, and that he came there to fetch his hat out: there was in that parlour one Bath stove fixed, and one unfixed.

WILLIAM SPOTTEN sworn.

I am a painter: I was at work in the house for the prosecutor; I was in the kitchen with him when there was a cry of thieves: I saw the prisoner in the parlour, on the ground floor; he said as the last witness has described.

HENRY GADSDEN sworn.

I am a porter. On the 3d of November, coming down Noble-street, about half past six, I saw three suspicious people, the prisoner and two more, cross over to the prosecutor's house; I walked down towards Falcon-square; I stopped a little there; I came back pretty quick, and saw the prisoner, and the other two hoist up the window; I saw one of them put the prisoner into the window, hoisting up his leg; then one crossed over, and the other walked towards Falcon-square; I went and looked in at the window, and said, what, you are there, are you, you shall not have the Bath stove; I saw him with the stove, the back towards his knees, carrying it towards the door that goes into the passage; he was moving it towards the door; he dropped down to hide himself behind the stove; I called out.

Mr. Knowlys, Prisoner's Counsel. It was dark? - Yes.

There was no light in the room? - None at all.

You had not been in the room to see where this stove was before? - Never.

Had he his hat on? - Yes, but I saw the left side of him towards the window.

Upon your oath did you see the Bath stove off the ground? - Upon my oath I did; I saw his hands under it; it was six inches from the ground.

CHARLES SMITH .

Did you ever take an oath before? - Yes, at Guildhall.

What will become of you, if you swear that which is false? - It is very bad indeed in this world, and the world to come.

You know you will be punished in both? - Yes.

CHARLES SMITH sworn.

I was going of an errand for my master; I saw the prisoner have a leg into the window; then the fireman cried out, and shut the window too, and called out thieves; the fireman went over the way directly, and slammed the window, and made an alarm of thieves.

Mr. Knowlys. Then the fireman did this in an instant? - No, not in an instant; he went over and said, there you are, and shut the window to.

JOHN COLE sworn.

I am a carpenter; I was at work at Mr. Morris's house, past six o'clock; I heard somebody call thieves, and rap at the door; I went up stairs, and saw the prisoner in the room with his hat in his hand; he said his hat had been thrown into the window.

PRISONER's DEFENCE.

I was coming home from work down Noble-street; two men were standing by the window; one of them asked me what I was looking at; they threw my hat into the window; I knocked at the door, and nobody coming, I got into the window for my hat; and I had not cleared myself of the window, before the fireman came and shut down the window, and said I came in to rob the house; he came into the room directly, and swore I was going to take the stove away; my hat was at the farther end of the room.

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

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17891209-80

81. ANN PHILLIPS was indicted for stealing, on the 31st of October last, a cotton gown, value 5 s. the property of Donald M'Gilleray .

ISABELLA M'GILLERAY sworn.

I am wife of Donald M'Gilleray ; he is a taylor ; I lost a cotton gown from the kitchen, between six and seven on Saturday, the 31st of October; I did not see it taken; I found it under the prisoner's foot, where she stood; I went into the kitchen to wash some pocket handkerchiefs, and missed my gown; I went up stairs to fetch a candle, and I heard a person rushing out of one place to the other; I went to look, and could see nobody; then I went into a dark cellar, and the prisoner was concealed behind the door; I took her out, and said, madam, have I found you; the gown was under her feet, where she stood.

Had you left the gown there? - I had not; I left it in the kitchen; I asked her what brought her there? she said she came to see one Mrs. Williams, who had lent her five shillings; I missed the gown which was drying in the kitchen, and found it in the place where she had been.

Mr. Knapp, Prisoner's Counsel. Let us understand a little the situation of this kitchen; you found the prisoner in the cellar? - Yes.

Is that under the kitchen? - On the one side of the kitchen; as I was going up stairs, I heard a person making a noise below stairs.

How was the street door situated? - You go down about a dozen steps, and all the way along the passage.

Is not the street door of your house nearer to the kitchen door, than the way down to the cellar? - No, it is about nine or ten yards length between the street door, to go down to the cellar.

Have you never said at any other time, and particularly before the magistrate, that the gown at the time it was found, was at the distance of three or four yards from the prisoner? - No, I never did.

Recollect? - I did not; I defy the world.

Miss M'GILLERAY sworn.

I was at home; I was sitting in the

parlour the 31st of October, between six and seven; my mother came up stairs to me, and took the candle, and went down stairs; and I saw my mother take the prisoner out of this coal cellar; the prisoner said nothing about the gown; I saw my mother take the gown out of the coal cellar immediately; she found the gown at the time the woman was coming out of the cellar; I saw the gown there when the woman was there; it was my mother's gown: it was hanging on the kitchen line; I saw it there about half an hour before.

- M'GILLERAY, jun. sworn.

I was at home in my room; I came down, and saw the woman and my mother and sister, and the gown with them; I immediately took her to the magistrate.

(Produced and deposed to.)

GUILTY .

Imprisoned six months .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17891209-81

82. JAMES STANTON was indicted for stealing, on the 10th of December , a silk purse, value 1 s. one silk handkerchief, value 2 s. one linen ditto, value 6 d. and five shillings and six pence in monies numbered , the monies of William Chance .

WILLIAM CHANCE sworn.

I am a clothier ; last Thursday evening, between five and seven, I was going along the Strand to the play; I past, I thought, two suspicious men; presently, I missed something from my right hand coat pocket; I saw two men following me, which I belive to be the same two men I suspected before; one of them ran across the street, and the other ran down the footway, behind me; I pursued him that ran down the path, a considerable way; that was the prisoner; he turned up a little dark court, called Swan-yard; there I stopped him; I found nothing on him; I took him to a magistrate in a coach, and a gentleman with us; at Bow-street, he was searched; and I was desired to search the coach; I went immediately, and searched it; and under one of the cushions of the seats, in the same corner where the prisoner set, I found one of my linen handkerchiefs; this is the handkerchief; the gentleman that assisted me, went away.

Had you missed that linen handkerchief, before you got into the coach? - I missed every thing that was in that pocket; for it was turned inside out; there was this linen handkerchief, a silk handkerchief, and a purse containing five shillings and sixpence, all in that pocket; this handkerchief is the only thing that was found; there is no mark, but it is torn at the corner, which I very well recollect was done some time before by playing with a dog.

PRISONER's DEFENCE.

I had been to my uncle's in Pall-mall; he is clerk to Mess. Christie and Ansell; I heard the cry of stop thief; and I saw a little chap run past me; the prosecutor seized me, and could find no property about me; he broke his stick about my head; then he took me two Bow-street; I am innocent.

Court to Chance. Did you ever lose sight of him? - Never.

Jury. Did you search him before you went to Bow-street? - I just looked in his bosom.

GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

[Transportation. See summary.]

Reference Number: t17891209-82

83. JOHN LEONARD was indicted for burglariously and feloniously breaking and entering the dwelling house of Alexander English , about one in the night of the 10th of December , and burglariously stealing therein, two glass decanters, value 2 s. 6 d. his property .

(The witnesses examined separate.)

ALEXANDER ENGLISH sworn.

I live at No. 2, Tichfield-street, Oxford-market ; on Thursday night, the 10th of this month, my house was broke open; I was the last person up; I went round and saw the house secure; I went to bed ten minutes after eleven; I was alarmed at half past one, by the officer of the night, Pollard: I got up after they knocked hard at the door; I found a pane of glass broke in, and two decanters taken from the place where they stood; the pane of glass was in the front of the shop; none of the shutters were broke; the glass was broke sufficient to take out the largest thing that there was in the shop; the decanters were in the place over night in the window; I saw them since at the justice's in Litchfield-street; and I saw them a quarter of an hour after they were taken, in Pollard's hands and Hughes's; I have reason to believe they are mine, by their stopping the prisoner with them: one of them is remarkable for the size, and corresponds with the mark of the dust that was left; they had stood there some months: I compared the large decanter since with the dust marks; not the other: it was broke when I saw it again; it was not broke before I lost it.

Jury. Was your shop quite shut up? - Yes.

THOMAS POLLARD sworn.

I am a constable; I was talking to the watchman a little before half past one, and five minutes after half past one; I heard a rush of shutters; and instantly a window broke, a pane of glass: I have an assistant patrol goes with me: and we instantly went to the place, and saw the prisoner close at the spot, just at the very front of the shutters; nobody else was there; we followed him across, and collared him: says I, young man, you have been breaking into that house: says he, gentlemen, do not use

me ill: we took him back to the house: and as we went, the watchman was coming past: as soon as he saw the watchman's lanthorn, he shoved his right hand in his pocket, and took out a decanter: he took it up, and threw it down on the foot pavement with great violence; he took out the other, which dropped either on his foot, or some dirt; it did not break; he tried to break it with his foot; I took him to the prosecutor's house, and there the window was broke: says he, gentlemen, I hope you will not take me from my business, I belong to the India-house; I have two or three shillings in my pocket, I will give you them, and let me go; we took him before the constable, and he would not tell his name; he was secured.

THOMAS HUGHES sworn.

I am assistant patrol: last Thursday night, the 10th instant, about half past one, just as the watchman was crying half past one, I heard a noise of some shutters: and instantly, I heard a crash of glass breaking; we ran a little forward, almost opposite, and he was running away; I could see him perfectly by the lamp; I ran across the way, and we both seized him: we asked him, what have you been doing? he said, nothing: we said, you have been breaking the window? he said he had not; he said he lived in the neighbourhood, and his father was a person of property, and worth 30,000 l.; then he took a decanter out of his pocket, and dashed it against the pavement, all to pieces: and another dropped from him; he tried to stamp his foot on it, but it did not break: we went and knocked at the prosecutor's door, and took the prisoner to the watch-house: going along, he begged us to let him go; he said he belonged to the India-house, and had three shillings and six-pence in his pocket, which he would give us to let him go.

- QUICK sworn.

I am a watchman; I saw him in custody: and I saw a bottle in his hand: he dashed it on the stones, and I picked up some of the pieces; I was not present when the other decanter was dropped; I saw it in the patrol's hand; I have the pieces in my pocket now.

(The pieces and the decanter produced.)

Prosecutor. I found the stopper at light, under where the window was broke.

PRISONER's DEFENCE.

My Lord, I have no Counsel to plead for me; I wish to ask this witness a question or two, if you please; have you any other decanters like this? - I suppose so.

Did you ever sell any more decanters besides those? - What do I get them in for but to sell them?

Answer the question, sir? - Yes, I have.

Can you, on your oath say, that that is not the decanter you had sold? - I had not sold that decanter.

The prisoner called one witness to his character.

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

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17891209-83

84. CHARLOTTE M'LOCKLAN was indicted for stealing, on the 21st of November , half a guinea, value 10 s. 6 d. the money of William Wood Cryer .

WILLIAM WOOD CRYER sworn.

I am clerk to Mr. Vickery of St. Martin's-lane; on the 22d of November, coming by St. Giles's church, I met a man I knew, and we went in to have something to drink; the prisoner was nursing a child, and said she knew me, and when I was paying, she snatched half a guinea out of my hand; I told her it was a dangerous circumstance; I called the watch; I never recovered it; I believe this was at the Hampshire Hog; it was after twelve at night; I called the watch, and the prisoner was committed.

JOHN SMITH sworn.

I am a watchman; on Sunday morning, the 22d of November, I heard the cry of watch, several times; I made the alarm, and came to the Hampshire Hog; the prosecutor told us he had been robbed, by a woman that was in the house; I went in to take her; she run into the yard, and I pursued her; she sat down in the yard, on the flags, and was going to hide it; she said have you got it? I said no; she said, damn your eyes, I know where it is, and pulled out two or three halfpence, but no more; she was taken to the watch house.

Prisoner. I know nothing of it.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17891209-84

85. HENRY MORGAN and ELEANOR HOLWELL were indicted for stealing, on the 9th of December , a cotton gown, value 20 s. two stuff petticoats, value 20 s. a variety of other articles, and 20 guineas in money, the property of Edward Baillie , in his dwelling house .

There not being any evidence against the prisoners, they were

BOTH ACQUITTED .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17891209-85

86. WILLIAM MOUNSLOW otherwise HOUNSLOW was indicted for stealing, on the 8th of December last, two quart pewter pots, value 2 s. a pewter pint pot, value 8 d. and a half a pint pot, value 4 d. the property of William Morton .

WILLIAM MORTON sworn.

I am a publican; I keep the Queen's Head, Billingsgate ; I lost the pots in the indictment on the 8th of this month; I did not see the prisoner take them; I saw the prisoner in the tap-room about eleven the night before: I asked him why he did not go about his business; he said, he would when he had drank his pint of beer; in the morning, I was informed the pot was gone; I do not know how many I have; I never sold one.

WILLIAM RILEY sworn.

I am servant to the prosecutor; I drew the prisoner a pint of beer, and when he was gone I missed the pot.

JOHN WAINWRIGHT sworn.

I am a constable of Dowgate Ward; on the 18th of this month, about two in the morning, I saw the prisoner in Thames-street; he turned up Laurence Poultney-lane; I heard the sound of a pewter-pot drop when he was gone 40 or 50 yards; I immediately suspected him; I found a quart pot upon him; he said he found it in Cheapside; in his side pocket there was a quart pot, and a half pint pot; I took him to the watch-house. I took him to the public-house, and kept them ever since, and this pint pot was in his breeches.

(The pots deposed to.)

Prisoner. I was in liquor; I found the pots.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17891209-86

87. JAMES LOWDER was indicted for feloniously assaulting Mary Osborne , on the 4th of November last, and putting her in fear, and feloniously taking from her person; and against her will, two half crowns, and one shilling, the monies of James Warrington .

A second Count, laying it to be her monies.

MARY OSBORNE sworn.

I am a single woman; on the 4th of November last, about seven in the evening, I had been to the grocer's for some tea and

sugar, which came to three shillings and six pence; I took half a guinea, and received two half crowns and two shillings, in change; as I came along, I was looking at the money in my hand, by the light of a cheesemonger's window, in Fore-street ; I had reckoned wrong, and was looking for another sixpence, a man came up to me, and took two half crowns and one shilling out of my hand, and he left one shilling; he immediately ran across the road; he had got half-way across the road before I could see him, which was two minutes, then I lost sight of him; I tried to close my hand when his hand was in mine, but I had not time before he got the money out; he never spoke to me; I could not see the man to know him again; it was Mr. Warrington's money; he gave it me to fetch the tea and sugar for him.

WILLIAM CLARK .

Suppose you tell a story on your oath? - It will be worse in this world, and in the world to come.

WILLIAM CLARK sworn.

On the 4th of November, on Wednesday, I was coming up Fore-street, and I saw the prisoner; between six and seven at night, I saw this young woman standing at the cheesemonger's window, and the prisoner was standing just by her; I stood behind the young woman; presently I saw him snatch at the young woman's hand, and run away; I ran after him, and cried stop thief; I never lost sight of him; he ran into little Moorfields and turned back, and was taken in Coleman-street: I saw him taken but not examined.

- WILLIAMS

Gave the same answer as to swearing falsely.

- WILLIAMS sworn.

I saw the prisoner by the side of the young woman; I was with Clark; I stopped and saw him snatch at the young woman's hand: he ran away, and I saw him taken.

WILLIAM NEWMAN sworn.

I am a constable of Cripplegate Ward; I took the prisoner; I searched him at the Compter, and found nothing on him; there was another chap rushed in between us; several other people and I was afraid he would be rescued, so I took him to the Compter.

Court. Was it very dark? - The lamps were very thick.

BENJAMIN BRADBURY sworn.

I have known the prisoner twenty years, I believe he is a coachman ; I never knew any harm of him till this affair.

Court. What are you? - I am a china burner, have lived in Moorfields twenty-five years.

GUILTY of stealing, but not violently .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17891209-87

88. CATHERINE SPARKS was indicted for stealing, on the 7th of November last, a cotton gown, value 3 s. a black petticoat, value 2 s. a shift, value 1 s. the property of Judith Thompson .

JUDITH THOMPSON sworn.

I live in Green Dragon Court, Cow-lane : I lost the things in the indictment on the 7th of November, on a Saturday, between five or six, out of my lodging room.

ELIZABETH WRIGHT sworn.

I lodge in the same house with the last witness; the things were in her room; the prosecutrix goes out to work, and on her return home she sat an hour in my room; she found her door open; she went in and missed a cotton gown, a black petticoat, and a shift; we immediately went to two pawnbrokers, and found them at Reeves's, in Fetter-lane, and we left them there.

WILLIAM BUTTS sworn.

I am a box maker. The woman came to me and told me she was robbed; I went with her to Reeves's, the pawnbroker, and found the things there; on Tuesday I took the prisoner up, and searched her, and found these two duplicates upon her; she was taken in a room over the prosecutrix's room, in the same house.

JOHN WATTS sworn.

I am servant to Mrs. Reeves, Fetter-lane; I produce a cotton gown, a stuff petticoat, and a shift; I took them of the prisoner, on Saturday the 7th.

(The things deposed to by prosecutrix.)

Pawnbroker. I have heard that she bore an excellent character down to this time.

PRISONER's DEFENCE.

I lived with Mrs. Baillie, in the same house, and she gave them me to pawn in my own name, which I did; Mrs. Wright knows Mrs. Baillie was heard to go up and down stairs several times, about that time.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17891209-88

89. JOHN HAPPY was indicted for returning from transportation, and being found at large on the 26th of November last, without lawful cause .

(Copy of record read.)

JAMES SHAKESHAFT sworn.

The prisoner at the bar was tried here, in January session, 1789; I was one of the witnesses; I am sure the prisoner is the same person; I took him before the magistrate for that offence, for burglary in the house of Ann Hilton ; on the 26th of November last, I found the prisoner at large in the parish of Aldgate , and took him before a magistrate, and he was committed.

JOHN OWEN sworn.

On the 10th of November last we had an order to carry eighty felons on board the Scarborough transport; in the Old Bailey two of them broke away from the chain, the prisoner was one; in October sessions he received his majesty's pardon, to be transported for life; I delivered him at the bar at that time.

PRISONER's DEFENCE.

I made no use of force; the chain gave way, and got off my neck, and I took the opportunity of getting away; I was very ill, and wished to be left behind.

GUILTY , Death .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17891209-89

90. MICHAEL HOY was indicted for returning from transportation, and being found at large on the 11th of November last, without lawful cause .

WILLIAM SIBLEY sworn.

I was removing the prisoners, and we lost two going by Black Friars Bridge, Hoy was one; I have had the care of him upwards of eight months; I found him the next day at No. 11, Joiner-street, Borough .

JOHN OWEN sworn.

In May sessions, 1788, the prisoner was tried and capitally convicted here, for stealing in the dwelling house of Mary Young , spinster, and breaking out of the same: I have had him in my custody a long time; he received his majesty's mercy in September last, on condition of transportation for life; he broke his chain on the 10th of November last; here is the certificate of his conviction.

(Read.)

PRISONER's DEFENCE.

Please you my lord, and Gentleman of the Jury: when that iron was first put upon me; it was nearly cut through, and quite rusty; I did not perceive it; I hope

you will consider; I broke no prison; I used no violence before I got away; I was in the custody of Mr. Akerman; I made my elopement, and went to a friend, to go to Bristol, and from thence to get on board a ship to America or the West Indies; and I am very confident that there is not a convict in the prison but would extricate himself out of the prison if he knew how. If you had a bird, Gentlemen, that you was ever so fond of, and kept it so that it wanted for nothing but liberty, it would get away if it could; and who would be to blame, the bird or the keeper? Gentlemen, ask the keeper if I have not a good character.

Sibley. He always behaved remarkably well in the prison, and always remarkable for his cleanliness.

Owen. I say the same.

GUILTY , Death .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17891209-90

91. THOMAS ANDREWS was indicted for burglariously and feloniously breaking and entering the dwelling house of William Burce , about nine in the night, on the 9th of December , and stealing therein, one linen table cloth, value 2 s. one half yard of linen cloth, value 3 d. one tea cloth, value 3 d. one half yard of cotton, value 3 d. and one necklace made of French beads, value 3 d. his property .

The witnesses examined separate.

WILLIAM BURCE sworn.

I am a lodger at Mr. Woodfall's, the printer, he is my landlord; the prisoner lodged over my head; I am in the one pair, and he in the two; my apartments are not separated from the house: the landlord does not live in the same house; there was only the prisoner and me lodged in the house; there is one street door, and each of us keys; the prisoner asked me and my wife to go over to the publick house, and drink some beer; and he went and left me about half past eight; he left me for a quarter of an hour; I had no suspicion of him; and my wife went home; when I came home, I found him and her together; I knew of no misdemeanor; I left my wife in the house, when I went to the public house.

Mr. Knapp, Prisoner's Counsel. How long had you lodged in the same house with the prisoner: I had lived there nine years and he seven.

Till this time you had no suspicion of him? - No, I had been out with my chips; I had been at no public house before, we had two pots of half and half, a pennyworth of beer and a Welch rabbit; we were not in great intimacy, only good night and good morning; I never went up to his room; he had not been in my room for six weeks, then he came for water; I always lock my door when I go out; the street door has not been locked this half year.

JANE BURCE sworn.

My husband sent me home; I went in and I found my two dresser doors open, which I know were shut; I was in the apartment making my bed, when he first went to the public house; I left my door on a lock latch; I had shut the door, pulled it too and put the hasp that I hang a padlock to, over to make more secure, all that I am clear in; then I went down to the public house; then nothing was gone; I came back before my husband, and found the drawers open; I found my door shut, but the hasp was off: I opened it with the key and went in; I could not tell what I missed; I did not particularly miss any thing; Andrews came into my room: he went away from the publick house about ten minutes before me; and when I was lighting him to bed, I saw my breakfast cloth and a ribband hanging out of his pocket; when I came back from the public house the prisoner was at my shoulder; and he had a piece of canvas and a linen tea cloth, and half a yard of cotton, and a French necklace; I pulled them out myself, he would not; my husband was gone to bed; the prisoner wanted to go out; I dissuaded him

from it; I was talking to him about my drawers, and my husband came in and went to bed; I had been out all day, and came home at half past eight, my husband has one key and I have another.

On cross examination, she confirmed her husband, and said she never heard of any reward.

(The things produced and deposed to.)

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

GUILTY,

Of stealing, but not of the burglary .

Imprisoned six months .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17891209-91

92. THOMAS COLE was indicted, for that he, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, on the 18th day of November last, at the parish of St. Paul's, Shadwell , on one Ann Barret , spinster , in the peace of God and our Lord the King then and there being, feloniously, wilfully, and of his malice aforethought, did make an assault, and her the said Ann, against her will, feloniously did ravish and carnally know, against the form of the statute, and against the king's peace .

The case opened by Mr. Garrow, as follows.

May it please your Lordship.

Gentlemen of the Jury; I am counsel for this prosecution, which imputes to the prisoner at the bar the offence of rape; and Gentlemen, these are cases in which Courts and Juries find considerable difficulties in the consideration; because from the nature of the offence, it is almost always attended with a secresy which makes it necessary for Courts and Juries to find their way as they can, and to judge from the probability and improbability of the story told by the person who complains of the injury:

Gentlemen, the circumstances stated to me, attending the commission of this offence, are extremely bad, and extremely gross; but whether they will be made out in evidence, in a satisfactory way to you, it is not for me to anticipate: I am quite sure you will look at this case with attention and care, and not be drawn to a hasty conclusion either way; and least of all to a hasty conclusion of guilt. Gentlemen, the prisoner is a runner to one of the public offices ; and the prosecutrix, who is a soldier's daughter, was a servant to him a week: after she had lived there there for three days, the prisoner treated her with great indecency; and she told it to a Mrs. Ross, who advised her (very improperly in my opinion) to take notice of it; and her reason was this, because in all probability the prisoner would repeat his conduct, and then it would be a proper time to complain.

Gentlemen, on the 8th of November, the prisoner came home to his house; he found this young woman in the act of drying some clothes; he laid hold of her and desired her to come to him; she refused, and he pulled up her petticoats; taking her on his knees and held her towards the fire; stating to her, that that was to warm her. Gentlemen, it is stated to me, that he behaved to her with an indecency and grossness, which is fitter you should hear from the witness, as you must of necessity hear the account of it once (which is certainly once more than will be pleasant) somebody knocked at the door, and the prisoner took this young woman into the kitchen, which is behind his shop, and there made threats to her, that if she made any noise he would murder her; he then took her on his knees, let down his own breeches, laid her on an easy chair with its face upwards, and on that chair perpetrated the offence of rape: Gentlemen, as to the fact of the girl having been lain with by some person with some violence, will not depend on her evidence: Gentlemen, you

will naturally enquire whether she cried out; it is stated to me that she endeavoured to do so; but the prisoner, from his large size, and a large loose great coat which he had on, prevented her from making any noise or alarm: Gentlemen, in this situation, it is stated to me that the prisoner committed the offence of rape; and after that, he is stated to me to have taken her into another room, and there to have again attempted indecencies of a gross and abominable nature to this young woman; and that on her resisting he behaved in a very shocking manner: Gentlemen, you will hear the evidence, and it is for you to decide: it is not material for me to press upon you any argument that may be favourable to the prosecution; and as for the prisoner, I am sure every thing that may come out in evidence favourable to him, will be stated to you with much greater ability, intelligence and authority than myself, or indeed any of us at the bar, can ever pretend to; and upon the whole you will give such verdict as your consciences shall enforce you to do, after you have heard the whole of the evidence.

ANN BARRETT .

Mr. Garrow. What age are you? - Fourteen.

Can you read? - Yes.

Go to school? - Yes Sir, I always went to school.

Can you say your catechism? - Yes.

Do you know the nature of an oath? - Yes.

What will become of you if you do not speak the truth? - Go to the naughty man.

You know that it is a very wicked and bad thing to tell a lie? - Yes.

ANN BARRETT sworn.

Mr. Garrow. Now do not be frightened, but tell the whole truth? - Yes.

Do you know the prisoner Thomas Cole ? - Yes.

He is a runner belonging to Shadwell office? - Yes.

How long have you been servant to him? - A week. He used me very ill, he began on Monday night; I went there on a Wednesday; when he came home from his office the first night, that was the Monday night; he took me and set me on his knee, and kept stroking and cuddling me up.

What do you mean by stroking and cuddling you up? - Stroking me about my head and face and kissing me; and when he kissed me I cried out, Mr. Cole, if you please, to let me go and do my work, for if my mistress comes home, I shall have anger; he said, never mind your mistress; you may kiss her b - kside if you like; then I said I must not do any such a thing as that, and I must not say any thing to my mistress! oh says he, I will lick you if you are not quiet; then he kept cuddling me up; but did not do any thing more that night.

Did you tell any body of what he had done to you? - Not that first night I did not, because he did not hurt me the first night; I did not take much notice of that.

When did he do any thing to you again? - The second night when he came home from his office, I was in the shop by the door, and he laid hold of my hand, and said, come here, I want to speak to you; and I thought it was about some business; then he took me on his knee and pulled up my petticoats; then he kissed me, and told me to go and do my work: I mentioned that to our lodger, when she came to get some milk, she came into the kitchen; that was on the Wednesday, about noon time; I acquainted her of it; I said to her, says I, Mrs. Ross, when my mistress comes home I dare say I shall have a noise, my work is not done, and Mr. Cole is so rude and so nasty with me, that I cannot bear myself: then I told her how he used me the first night, and the Tuesday night.

You described it to her exactly? - Yes; she said I must tell my mistress, or my mother and father, and if I told them, they would either have him put in a prison or hang him.

That was the advice Mrs. Ross gave you? - Yes.

When did you see your mistress after this? - I did not see her till past eleven at night; my mistress went out almost every night; I do not know what for; and sometimes she brought company home with, her a lady and gentleman, Mr. Morgan and Mrs. Morgan.

Then you did not see your mistress till after all the mischief had been done? - No.

Did you see your father and mother after the time that Mrs. Ross spoke to you, before the prisoner used you ill again? - Yes, they were both of them together; they were going to bed; they lived up at the corner of King David-lane, very near; I had a great deal of work to do.

What time of night was it? - I did not see them till after eleven o'clock; not till after he had used me ill.

Court. Then as I understand you now, you neither saw your mistress nor your father and mother till after the fact was done? - No.

Mr. Garrow. Describe, and go slowly, what he did to you on the Wednesday? - It was between seven and eight in the evening, on the Wednesday, he came home, I was in the kitchen hanging some towels across the line before the fire place, and he caught hold of me round the waist and the arms, and took me in his lap, and pulled up my petticoats, and held me before the fire, as a person would hold a child to the fire to warm; he took me across his two arms with my petticoats up, by the fire side; he held me for about five minutes, then he let down my petticoats, and let go of me; and I went to run away, and he got hold of me, and called me a little bitch, and said he would not do me any harm; I need not be afraid of him, for he did not like to hurt any body's child.

[Here the witness proceeded in a narration too indelicate for publication, which, however, did not amount to legal proof of the crime charged against the prisoner in the indictment.]

NOT GUILTY .

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

Mr. Garrow. I think the Jury would have run a great risk of doing wrong in finding the prisoner guilty of a capital offence; but his conduct has been so gross and indecent, that I feel it my duty to pray the Court, that he may be detained to be tried for an assault with intent to commit a rape.

Mr. Knapp, Prisoner's Counsel. My lord, I have had no opportunity of answering this charge, because in point of law he was entitled to an acquittal; but I do assure your Lordship, I have a strong denial to every one single circumstance, so strong that the magistrate admitted him to bail.

Court. Let him be detained in custody till the end of the session, and let a bill of indictment, for the assault, with intent to commit a rape, be preferred before the grand jury for the County of Middlesex, who are now sitting at Hicks's Hall. It appears from the testimony of Ann Barrett , to be the most indecent behaviour a man could be guilty of to a young girl of her age.

Reference Number: t17891209-92

93. ROBERT PEARSON was indicted for stealing, on the 1st of December , two glass salt holders, in metal frames, value 4 s. the property of William Wrathall .

WILLIAM WRATHALL sworn.

I lost two salt holders from out of a parlour adjoining my shop, on Tuesday night, the 1st of December; I did not see the prisoner take it.

THOMAS WALTER sworn.

I am apprentice to the prosecutor: the prisoner was painting in this little parlour, on Tuesday the 1st of December: I was sent down to the parlour; I staid with him a good while, and saw him open a cupboard door, and he took out a pair of salts, and shewed me; I did not speak a word; I was rather frightened; he put them in again; he asked me several times to draw him some beer; at last I pretended to go, and instead of going I watched him; and I saw him take a pair of steps, and get up,

and take a pair of salts; I cannot say what he did with them; then I drew some small beer, and brought it up, and took no notice; then I went up immediately, and told my mistress, and my master was sent for: the prisoner went out after he had done his work; he staid to finish painting the parlour; this was about eleven at night; I did not attempt to stop him; I did not look to see if the salt cellars were there.

SAMUEL ROBERTS sworn.

I am a constable: I was sent for about half past eleven, to take charge of the prisoner; I found these salt holders upon him; he was in the prosecutor's parlour; in one pocket I found one, and in the other, the other; they have been in my custody ever since; he was begging for mercy.

(Deposed to.)

Prisoner. I leave it to the mercy of the Court.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17891209-93

94. ELIZABETH CRAWFORD and SUSANNAH RUTTS were indicted for feloniously assaulting James Berry on the king's highway, on the 31st of October last, and putting him in fear, and feloniously taking from his person and against his will, two guineas and fourteen shillings, his monies .

The parties called on their recognizances and not appearing, the prisoners were

ACQUITTED .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17891209-94

95. THOMAS DAVIS was indicted for stealing, on the 5th of December , one thickset waistcoat, value 10 s. one child's thickset coat, value 3 s. the property of John Williams , privily in his shop

FRANCES WILLIAMS sworn.

I am wife of John Williams , who keeps a clothes shop , in Fore-street on Saturday the 5th of December, I was behind the counter serving a young woman with a blue apron; and the prisoner and another (who was taller) came into the shop: the tall one asked for some stockings, he said, he was very particular in colour, they must be pepper and salt, with a small rib; I reached one pair to the tall one; the prisoner was behind; the prisoner said, Sir, if you like them, have them; the woman gave me half a guinea to pay for her apron; the tall one asked the price of the stockings: I said, three shillings; and I heard something move behind the tall prisoner and the young woman, as I was weighing the money; that was the prisoner; he was behind the tall one till that time; I never saw his face; I looked up from weighing the money, and the prisoner went out; the tall one threw down the stockings, and ran out; and I missed the property; the prisoner was brought back in ten minutes; I am sure the prisoner is the same man; the prisoner has been at our shop before.

SARAH LLOYD sworn.

I was in the shop: I felt something at my back, and I instantly turned round and saw the prisoner with something under his left arm.

Did not you see them moving? - No, I did not; he was going off the threshold at the door, about a yard and a half from the shelf; I saw the colour of the things, but whether they were both there, I do not know; I do not know what became of the other man; I am sure this is the man that was brought back, which was in ten minutes.

PETER CUTTER sworn.

I took the prisoner and brought him to the prosecutor's house; nothing was on him; there were some things brought in by somebody, but who I cannot tell.

JOHN CLARK sworn.

I am one of the marshalmen; I live near the prosecutor; I heard the cry of stop thief; I ran out; the prisoner was just stopped; I brought him to the house; and soon after I was there, this property was brought back, all over dirt.

Prisoner. My master is here: I was coming from my father's house; there was a cry of stop thief; and they stopped me, and took me.

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

NOT GUILTY .

The prisoner's father appeared and promised to take care of him.

Court to the Father. You are very much obliged to the Jury.

The prisoner's Father to the Jury. Gentlemen, I am your most obedient humble servant.

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17891209-95

96. WILLIAM ROBERT MILLING was indicted for stealing, on the 7th of December , one brass cock, value 1 s. 6 d. and eighteen pounds weight of leaden pipe, value 1 s. 6 d. belonging to William Kibble , then and there affixed to a dwelling house of his , against the statute.

WILLIAM KIBBLE sworn.

I lost this cock and pipe from my house; I do not live in the house, I only sleep in it; it was there on Sunday evening the 6th of December; it was a pipe through a wall, conveying water into the yard; I missed it on Monday the 7th.

WILLIAM MULLEN sworn.

I am a patrol in St. Sepulchre's; I was on duty on Tuesday night the 6th of December, and going down Charter-house-lane; I returned, and I heard a noise of somebody coming through a court; I called the watchman; and I saw the prisoner drop two pieces of leaden pipe; I said to the watchman, here it is; I collared him; another man was in company, who made his escape; the prisoner also made his escape at that time; I carried the lead to the watch-house, and delivered it to the constable of the night; that was the lead I took from the prisoner; it was about a quarter after one in the morning of the 7th, when I saw the prisoner; the prisoner was taken on the Tuesday following; I saw his face at the time; it was a very clear night, and there was a lamp in the court, besides, I knew his face and his name before.

CHARLES FENDRICK sworn.

I was constable of the night; the patrol brought four pieces of lead to me.

(Produced.)

Have they ever been carried to Mr. Kibble's, the prosecutor's house, to fit them? - No.

Prosecutor. I have not the least doubt but they are mine.

PRISONER's DEFENCE.

I am innocent.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17891209-96

97. GEORGE BECK was indicted for feloniously stealing, on the 11th of November last, two thousand five hundred pounds weight of lead, value 20 l. the goods, wares, and merchandize of John Drew ; then and there being in a certain barge, called the William , on the navigable river of Thames .

WILLIAM WALEY sworn.

I am an officer at Union Hall, Mr. Drew came for a search warrant; I went with him, and we found two whole pigs of lead, and three pieces, one pig is here.

JOSEPH WOOD sworn.

I am an officer; I was present at the

taking of the lead, one of the pigs is here.

JOHN DREW sworn.

I am master of the barge, the lead is my property; I lost this barge from Redpool wharf; with an hundred pieces of lead in her, on the 11th of November, I went with the two officers next morning; I found the barge under Dowgate dunghill higher up the river; there were eighteen pieces of lead missing; I went to Union Hall next day; on the Saturday following one of the runners informed me the man was apprehended, and a small piece of lead was found at Mr. Needham's and he absconded.

Court to Jury. There is no evidence to admit the accomplice, and the prisoner must be acquitted.

ACQUITTED .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17891209-97

98. JOHN HOWARTH was indicted for stealing, on the 6th of November last, six pounds weight of sugar, called raw sugar, value 2 s. the property of John Blake and others.

JOHN BLAKE sworn.

I am a gangsman , the persons mentioned in the indictment with myself, are the whole of the gang; we had some thousands of hogsheads of sugar under our care, in Botolph Wharf Buildings ; all the sugar there was under our care; on the 6th of November I heard a violent cry for assistance, while I was called in the garret by the clerk; I saw the wharfinger's man and the prisoner in a scuffle in the garret; I stepped into the next warehouse, and the prisoner run away; I run after him, and running by the spot, I saw some sugar; I caught at him and fell down stairs; I called stop him; I lost sight of him, but he was stopped: I saw him in a few minutes; I came down stairs; he said he had nothing.

JOSEPH SIDGERI sworn.

I am a wharfinger's man, on Friday the 6th of November, I was desired by Patrick the foreman of that gang, to look out after the prisoner; I met him, I knew he had something about him; he was coming to his work; he weighs sugar as a casual man ; the prisoner begged me not to mention it; this was in the garret; mean time he pulled a bundle from between his legs under his apron; he endeavoured to spill it, and gave it into my hand; he tried to get away from me but not to hurt me; then Mr. Blake appeared, and he rushed away about five yards; I shewed Mr. Blake the bundle; it was moist sugar.

WILLIAM PATRICK sworn.

I work for the gangsmen, I cannot tell from whence the sugar was taken; I employed the prisoner, and sent the last witness to seek for him, and while I went backwards he was taken to the compter.

WILLIAM WELLS sworn.

I am constable of the quays, I took charge of the man, and kept the property.

PRISONER's DEFENCE.

A man had stole it; I took it from him, and he ran away.

The prisoner called one witness to his character.

GUILTY .

Whipped .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17891209-98

99. THOMAS JONES was indicted for stealing, on the 7th of November last, forty-two steel files, value 3 s. the property of William Knight .

WILLIAM KNIGHT sworn.

I am an iron-monger , I lost forty-two steel files; I was not at home.

WILLIAM DAVIS sworn.

I am porter to Mr. Knight, on the 7th of November, Saturday, the prisoner

came into the shop and asked for a halfpennyworth of nails, then he wanted a gridiron; I left him in the shop; when I brought the gridirons down, he said they were not the size he wanted; I told him I would go up stairs, he went with me; as I was reaching one down, I thought I heard the rattling of paper, and I had a suspicion, he put something in his pocket: I said nothing to the prisoner; he came down stairs with me; I told Richard Knight my suspicion; he then came to the counter; I desired him to wait till my master came into the shop; and when he came in I examined him, and found forty-two files upon him; the files were in the boxes on the side of the counter; I did not go up to see if any were missing: he said, he had nothing but his own; he said these files were his own; the constable had the files.

DANIEL SHIPLEY sworn.

I produce three dozen and a half of files; I took charge of the prisoner to the counter; then young Mr. Knight gave me these files; sealed them with my seal, and gave them to the prosecutor; they have not been opened since.

RICHARD KNIGHT sworn.

These are files belonging to my father; I know them by a mark G W, which was our private mark on the paper; each paper contains half a dozen; this mark is on one paper; they were tied up together; sometimes we sell them with the paper; we seldom sell more than one or two together; the paper contains three dozen and a half; we possibly may have sold half a dozen; but I do not recollect, and it possibly might have this mark on it; I was present when they were taken from the prisoner's right hand coat pocket; he was reluctant: he said they were his own, and he bought them at Hammersmith, and they were made by one Rocking, of Birmingham; these were made by one Rogers of Sheffield; here is his mark, a heart and star; I know by that mark, that they were made by Rogers of Sheffield: there is a maker of brass work at Birmingham, of the name of Rocking, but not of files that I know of; I do know where they came from.

PRISONER's DEFENCE.

A young man gave them to me, I did steal them.

The prisoner called three witnesses to his character.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17891209-99

100. ELIZABETH M'DOUGAL was indicted for stealing, on the 10th of November , a cotton gown, value 18 s. a black petticoat, value 30 s. three pair of muslin ruffles, value 7 s. three muslin borders for caps, value 10 d. the property of Sarah Bellamy .

SARAH BELLAMY sworn.

I live at Birmingham, I lost the articles mentioned in the indictment, from the Birmingham coach.

JOHN WILLAN sworn.

I drive the Birmingham and Shrewsbury coach to the Bull and Mouth Inn, Bull and Mouth-street .

THOMAS KNIGHTLY sworn.

I am servant to Mr. Knightly, pawnbroker, in Smithfield; I produce a cotton gown and silk petticoat, on the 11th of November; the prisoner at the bar pledged these things for eleven shillings; I know no more, I never saw the prisoner before; I am sure she is the same person.

JOHN CLARK sworn.

I am a marshalman; I went with two others to apprehend the prisoner; in the room we were informed she lodged, we found these things, some upon the prisoner; I do not know it was her lodgings; I took the prisoner a mile and a half from her

supposed lodging; she had this cap on her head, and these muslin ruffles on her arms, and another pair on her person, and a cap border; I have had them in my possession ever since.

Prosecutrix. I know them to be mine, by a mark I put on them myself, S. B. I lost them on the 9th of November; I put them into the bundle at Birmingham, and had them with me all the way on the road; the prisoner came in the coach with me; I saw it last at the Bull and Mouth Inn, in London, I did not miss them till the third day after I came to town; we came to the inn about four o'clock on the Tuesday; on the Friday I missed them; they were tied up in a cloth and put in the coach seat; I left them in the coach while we supped; the prisoner brought no bundle into the coach, but took one out; she told me where she lived; but I did not find her by that direction precisely, but I found her near the spot.

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

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17891209-100

101. ELIZABETH WELCH was indicted for stealing, on the 5th of November last, one pair of cotton stockings, value 2 s. one pair of nankeen breeches, value 1 s 6 d. a silk handkerchief, value 2 s. 6 d. and other things , the property of Elizabeth Owen .

The prisoner was taken with the property on her.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17891209-101

102. GEORGE BARLOW was indicted for stealing, on the 8th of December , one iron fifty-six pounds weight, value 5 s. the property of Richard Taylor and others.

JOSEPH HARRIS sworn.

I am a gangsman, we lost a fifty-six pounds weight from Smart's Key , on Tuesday, the 8th instant; I was in the compting house, and I saw a man bring back the prisoner, with the weight.

JAMES GROVE sworn.

I work on the keys, I took the prisoner with this weight under his great coat.

GUILTY .

Whipped .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17891209-102

103. SAMUEL SANDERS was indicted for stealing, on the 4th of December , eighteen pounds weight of sugar, value 8 s. the property of Samuel Thornton and others.

The prisoner was taken with the sugar.

GUILTY .

Whipped .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17891209-103

104. WILLIAM BELLAMY was indicted for stealing, on the 8th of December , six pair of leather shoes, value 30 s. the property of James Smith , privily in his shop .

JAMES SMITH sworn.

I am a cordwainer ; I lost six pair of leather shoes from my shop, in Beach-lane , on Thursday, the 10th of December, about six, or between six and seven; the prisoner privately came into the shop, and took the things; I did not see him with the things.

SARAH WYBURN sworn.

I am servant to Mr. Palmer; I had been on an errand on the 10th of December, and coming back, I saw the prisoner at the end of the counter, under the window, with the six pair of shoes under his arm; and he had them under his arm when I came in; I took hold of the shoulder of his jacket, and he dragged me out side of the door, with the shoes under his arm; he threw them on the pavement, outside the door; he was secured; I picked up the shoes, and gave them to Mr. Palmer; and they have been in his possession ever since.

WILLIAM PALMER sworn.

Deposed to the same effect, and produced the shoes.

(Deposed to.)

GUILTY of stealing, but not privately .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17891209-104

105. ELIZABETH DUFFIN was indicted for stealing, on the 7th of December last, five pieces of silver coin, called sixpences , the property of John Wilson .

JOHN WILSON sworn.

Last Monday morning, the 7th of December, I got up about half past six; I left the prisoner in the tap-room, cutting some wood to light the fire; she was my servant ; when I went out to undo the window-shutters, I looked in the till, and saw there were nine six-pences, and some half-pence; I suspected the prisoner; when I returned, I found the prisoner in my bar; she said she only came for a knife to cut the wood, to light the fires; at half past eight, I told her to go away; and I fetched a constable to search her; she began pulling off her stockings and shoes, but it was not there; I believe my wife promised her; I found five six-pences, two shillings, and a half crown piece, under her cap in a bit of paper all together, and two shillings in her pocket; she put up her hand, and took the money from under her cap; one six-pence I can swear to; it has O. R. upon it; half the O. is worn out; (produced and deposed to): that six-pence was in the drawer when I went out.

Prisoner. I have nothing to say.

GUILTY .

Imprisoned six months .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17891209-105

106. HANNAH GEORGE and ELIZABETH HUGHES were indicted for feloniously assaulting Robert Anderson in a dwelling house, on the 30th of November last, and putting him in fear, and feloniously taking from his person, and against his will, one guinea, his money .

ROBERT ANDERSON sworn.

I was robbed on the 30th of November last, by the prisoner Elizabeth Hughes , in Angel-court, Lower East-smithfield , in a house in the court; but I do not know who keeps the house; I lived in Rotherhithe, and I was going home, and I was stopped by Elizabeth Hughes and Hannah George , in Angel-court; they laid hold one of one arm, and the other of the other; and they led me into the house by force; I asked them to let me go; I told them I wanted to go home to my business, and would have nothing to do with them; but they would not; when I got into the house, Hannah George left the place, and shut the door; that is the shortest prisoner; it was a kind of a parlour door; then immediately Elizabeth Hughes forced her hand into my breeches pocket, and took out a guinea; she laid hold of my watch chain, but with much difficulty I saved my watch; and the glass was broke in the skirmish; Hannah George hearing the bustle, she came in directly, and told me if I did not get out of the house, she would fix me, or charge the watch with me, or something to that purpose.

Did Hannah George fasten the door of the parlour, when she went out? - Yes.

What did you do then? - They both then went immediately out, and I followed them; they went through some dark entries, and Elizabeth Hughes slipt on one side; where she went to, I do not know; Hannah George says follow me, and I will give you fifteen shillings of the money; but I never saw any of the money; I followed her into Nightingale-lane; there we met the watchman and constable, who took Hannah George into custody; he told me to go to the watch-house; I did not desire him to take her, but he heard her calling to me, cursing my eyes, what

did I follow her for; and upon that he took her into custody; I told him the circumstances, and he took me to the Crown, in Mudlins Rents; where I left my watch on security that I should appear the next day; I am sure these two prisoners are the women.

THOMAS OLIVE sworn.

I know nothing of the robbery: I apprehended Elizabeth Hughes by an information, about two o'clock in the morning; I took her to Wapping watch-house; she was searched, and only one shilling found upon her; the prisoner, Hannah George , was taken by the constable of the night, and he gave me information to take Hughes.

Court. Is the constable of the night here? - No.

Court to prosecutor. Was you quite sober? - Yes.

Jury. Did you make any resistance at the time? - No; I desired them civilly to let me go.

Prisoners. We are innocent.

HANNAH GEORGE , ELIZABETH HUGHES ,

NOT GUILTY .

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

Reference Number: t17891209-106

107. MARIA BUTLER was indicted for feloniously assaulting John Manley on the king's highway, on the 17th of November last, and putting him in fear and danger of his life, and feloniously taking from his person and against his will thirteen shillings and sixpence in monies numbered, his monies .

NOT GUILTY .

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

Reference Number: t17891209-107

108. PATRICK CROCKHALL was indicted for uttering five shillings, and ten sixpences, not being cut in pieces, to one John Rennie, at a lower rate than they imported to be .

(The case opened by Mr. Silvester.)

JOHN RENNIE sworn.

I deal sometimes in linen, and sometimes work labouring work. I know the prisoner better than a twelve-month; I believe I saw him in November last, on the 17th; I saw him about five or six days before that; he came to Mary Collins 's house, and he told me he was a dealer in linen; he wanted me to take some of this money, which he said, was silver; that I might pass it among the country folks; it was bad money, either copper or brass, covered; I cannot say which; I told him I would take some the next time I saw him: I went to Mr. Ackorn, he sent me to Mr. Vernon, and he sent me to Mr. Clarke, and Mr. Clarke told me to buy some of it; I met with him on the 17th of November, at the Cart and Horse, in Aldersgate-street ; he uses that house; and he began to talk to me in Irish; and I answered him; he said, I can serve you now; I handed him five shillings, and he went out, and brought me in shillings and sixpences, as much as amounted to ten shillings; I gave them to Mr. Clarke; I cannot tell how much of each; I asked him what I must give him to learn me to coin; he said, three half guineas; I gave the whole to Mr. Clarke, as he gave it to me; I met him the next day in Aldersgate-street, and I appointed the next day; he was to bring me what amounted to three pounds; and he was taken into custody; the prisoner is the man.

JUDITH CARNAN sworn.

I was at the Cart and Horse the 17th of November; I know the prisoner ever since August last; I saw him in company with Rennie, at this publick-house; they talked Irish; and he gave Pat five shillings; and Pat said, I will serve you by and by; the prisoner is Pat: when Mr. Rennie and me came home, and he shewed me the money; and Pat said, he had done his

work; that was at the publick-house; and Rennie shewed me the money, ten shillings, in shillings and sixpences; and he put them into the paper; and Pat said, he might thank Mrs. Collins for getting him a customer.

Prisoner. Did you see me give them any money? - No.

Did you see me receive any money? - Yes, five shillings.

JOHN CLARK sworn.

I have been employed by the Mint eighteen or twenty years. The prosecutor came to me from Mr. Vernon; I told him to go and buy: he came back, and said he had bought what I have in this paper; it is just as it was delivered to me; here are ten sixpences and five shillings; they are not tower coin; they are not very good; I should rather suppose they have not been in circulation; it does not appear that they have; they are all bad.

JOHN NICHOLLS sworn.

I am one of the moniers of the Mint; they are all bad; I examined them by day light.

(Handed to the Jury.)

PRISONER's DEFENCE.

I never saw this man in my life, before he came to Goswell-street; he came there about eleven o'clock, and called me out; said he had sold some linen cloth, and had four or five guineas, and wanted bad money; I said, I know nothing of bad money; he mentioned Mary Collins ; and this man took me; I had only sixpence and a few halfpence in my pocket; this man has been obliged to leave Liverpool, on account of informing and false swearing, and has been tried for several robberies; and he gets this woman to be his evidence.

GUILTY .

Imprisoned twelve months .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17891209-108

109. THOMAS TAYLOR was indicted for stealing, on the 29th of November last, nine ruled books, bound in placement, value 40 s. two ditto, bound in leather, value 1 s. six books, bound in paper, value 30 s. thirty quires of paper, value 30 s. twenty-four sticks of ing wax, value 1 l. two hundred books, value 30 s. twenty other books, value 1 s. the property of the king .

A second Count laying them to be the property of William Duan , and William March .

(The indictment opened by Mr. Garrow, and the case by Mr. Silvester.)

EDWARD VAUGHAN WILLIAMS sworn.

My brother has an apartment in the store office, in the Excise; I settled the necessary stores to be sent to Colteshall, for the supervisor; I officiated for my brother; I wrote in all the books that I sent; I have seen one of them since; they were packed up by Elston and Horne.

NUNN ELSTON sworn.

I remember a quantity of stores were packed up by Horne, in my presence, to the supervisor at Colteshall; we carried them to the Green Dragon, and delivered them to the book keeper, for Colteshall; I have his receipt; the parcel contained the things in the indictment, and several other things; they are the property of the king.

Mr. Knapp, Prisoner's Counsel. How many other parcels did you pack up that day? - I suppose ten.

Were you present at the packing up of any one besides this? - Yes, several of them.

Do you happen to recollect the contents of any other package? - Yes; I packed up two or three to go to Norwich.

COTTON HORNE sworn.

Deposed to the same effect as the last witness.

HENRY MASEY sworn.

I am the packer of the Norwich waggon,

at the Green Dragon Inn, Bishopsgate-street ; I received, I believe, four parcels; some were to Norwich.

Was there one for Colteshall? - I really cannot say; but one parcel was behind, in the waggon.

Mr. Knapp. Do you know the direction of any one of the parcels you received on that day? - I do not.

RICHARD WOODRIDGE sworn.

I am the driver of the Norwich waggon; I drove this waggon the 28th of November; I did not miss any thing till I came to Newmarket; then I missed the large paper parcel, which was in the middle of the waggon; that was to go to Colteshell, to the supervisor there.

Court. Can you read? - No.

By what do you know that the parcel was for Colteshall? - I know it from the folks that can read; I heard the name called over, as I was in the waggon, in the Green Dragon Yard.

JOHN RISEBOROUGH sworn.

I am the book-keeper to the Norwich waggon. (Said he remembered its arrival on the 20th of November, and produced the weigh bill.)

Read.

One paper parcel for the supervisor of Colteshall, which did not come to hand.

JOHN ARMSTRONG sworn.

I am an officer at the publick office, Shoreditch, and I am a constable of Shoreditch parish; on Sunday, the 29th of November, in company with Shakeshaft and Harper, between eight and nine in the evening, at the corner of James-street, Old-street, we stopped the prisoner with a parcel on his head; I cannot say I knew him till he gave his name; we asked him what he had got there; he made no reply immediately, as I know on; but we then told him we were officers, and would give him our names, and must know; he then said it was something he had just found in the gardens; we then took him to Harper's house, and unpacked the parcel; and we said, the bag does not seem to be any ways muddy; then he said, by the side of the road; I asked him if he had been to a publick-house to ask about it, or if any body saw him; he said, no, and that no person saw him at the time: in searching this parcel we found one book that had some writing in it, which Shakeshaft took with him; and then we went to the Excise office, in Broad-street, and we found it belonged to the Excise: Mr. Ruston said, take care of him: the parcel was in this brown bag, with this cord round it; it had not the least appearance of mud or dirt on it.

Mr. Knapp. The prisoner always said he found it? - Yes.

JAMES SHAKESHAFT sworn.

Deposed to the same effect, being in company with Armstrong and Harper when they took the prisoner with the parcel.

- WILLIAMS sworn.

I have seen these things in the king's stores; I know nothing but the books: this is my property.

PRISONER's DEFENCE.

I found the parcel by the side of Mr. Vincent's wall; he is a pump maker, opposite Mr. Calvert's, the vinegar Merchant's; I was going home, and just as I came to the timber yard I met these gentlemen; I told them I had picked it up, and I did not know what it was; they took me to the watch-house; they searched my house, and found nothing but my property. I have been a house keeper, in the parish of St. Luke's, thirty years: I never was in any trouble, or in a gaol before; my character was always unspotted, and I was always looked upon to be, what I really am, an honest man.

Court to Armstrong. Does the waggon pass by that way? - No.

He did not say how long he had found the things? - He was not asked.

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

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17891209-109

110. WILLIAM GREENSMITH was indicted for stealing, on the 26th of November last, nineteen pounds weight of hempen rope, value 1 s. 4 d. the property of Peter Young .

And THOMAS WATTS was indicted for receiving the same, knowing it to be stolen .

JOHN RICHARDS sworn.

I am servant to Peter Young ; he is a rope dealer , at Union Stairs, Wapping ; my master lost the rope in the indictment, the 23d of November, on Monday, about a quarter after six, in the evening; I did not see the prisoner take it; I saw it in his possession; it was taken from the hemp warehouse; I saw it in ten minutes after, in the hands of the prisoner, at my back door; it was dark: the watchman, William Cole , had stopped him, and brought him to my back door with the rope; I had seen the rope packed up, in the course of the day, and took out some part of it, and left the other, and planted a watchman to see who came for it; it is all pieces, such as we bind other ropes with; we suspected it would be fetched by somebody, because it was taken from the warehouse, and put among the hemp, on the Saturday before, but not by our own people; I can only swear to the rope, because I saw it a quarter of an hour before.

Mr. Garrow, Prisoner's Counsel. This boy is about twelve? - Yes.

How long was this boy in custody, with the rope in his possession? - I suppose an hour.

Did not you go with him to the other prisoner's house to sell it? - Yes.

Did not you force him to go there? - No.

So you went with this boy and gave him your master's rope to carry to the receiver.

Court. There is and end to it, as to the receiver.

Mr. Garrow. Who put the rope in the place? - I do not know, after it had been found there, we left it there again.

Was it old stuff or new? - Old, it is band stuff.

If I asked for rope, you would not shew me this? - No.

But if I asked for band stuff, you would? - Yes.

WILLIAM COLE sworn.

I am the watchman, I took the property from the boy, some old rope, on Monday the 25th of November, about a quarter after six, I found him with it about thirty yards from the premises; it is Mr. Young's property; the foreman has had it, I received it from him.

M. Garrow. You was to stop the boy after he had got it? - Yes.

WILL. GREENSMITH , THOMAS WATTS ,

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17891209-110

111. JOSEPH DORRINGTON was indicted for stealing, on the 1st of August last, 3456 yards of linen tape, called stay-tape, value 4 s. 6 d. the property of George Nelson .

There being no evidence, the prisoner was

ACQUITTED .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17891209-111

112. DAVID BEVAN was indicted for stealing, on the 31st of October last, one pair of pearl ear-rings, set in gold, value 20 l. the property of John Dingworth , Esq .

(The witnesses examined separate.)

The indictment opened by Mr. Bowles, and the case by Mr. Silvester.

WILLIAM MILLER sworn.

Mr. Bowles. Do you remember in November last, packing up a pair of pearl ear-rings in a little box? - Yes, directed to Mrs. Dingworth, Rouse's buildings, Hampstead; I delivered it at the coach office in Holborn, for the Hampstead stage; it was in the evening.

Mr. Garrow, Prisoner's Counsel. There are a good many Hampstead stages? - Yes, I left it at the office; I delivered it to Mr. Potts.

What are you? - A jeweller.

You packed up these ear-rings? - Yes, in a new box; I first wrapped them in a fine paper; put them in the box, then shut the box up and inclosed the box.

I believe you have seen the ear-rings since? - Yes, I have.

I believe you have seen them in a box of the same sort? - I have no reason to doubt but that is the very same box.

You found them wrapped up in the same sort of paper that you sent them in? - Yes.

They were of the value of twenty guineas you suppose? - More than that.

They were very good pearls? - Yes.

Were they of the same setting? - They were.

Had there been any attempt to alter the setting? - Not perceivable.

Would it not have been perfectly easy to have taken those pearls out of that setting, and have appropriated the setting to some other purpose without much loss? - Yes.

I fancy if the pearls were loose, you could not have swore to them? - No.

Or even put into another shape? - No.

If these drop ear-rings had been put into a cluster, you could not have swore to them? - No.

How many days had they been out of your possession? - Some few days.

Plenty of time to make them twice over.

JOHN POTTS sworn.

I am a glover in Holborn; the Hampstead stage goes from my house; on Saturday the 13th of October, I received a parcel from Mr. Miller; I gave it to the coachman, Robert Taylor .

Mr. Garrow. Did you book it? - Yes.

Had you any particular charge with it? - Not particular.

You recollect Miller, and had this parcel? - Perfectly well.

Do you recollect how it was directed? - To Mrs. Dingworth, Rouse's Buildings, Hampstead; I know that perfectly well.

ROBERT TAYLOR sworn.

I am a coachman; I drive the Hampstead stage from the Change; I remember receiving a parcel, directed to Mrs. Dingworth, from Mr. Potts; it was half past seven in the evening; I took up two ladies at No. 9, in Lombard-street; Miss Gibson, Miss Eastwick, and a Mrs. Jackson, whom I set down at Warren Place; Mrs. Jackson got in in Holborn; I put the parcel the right hand corner behind the horses.

Had you any gentleman in the coach that night? - Yes, there was a gentleman came up, just as I was going off in Holborn, and asked if I was going to Hampstead; he got into the coach.

Do you know that gentleman again? - I cannot positively say; I was in a hurry.

Did you put the parcel in before the gentleman got into the coach? - Yes, I sat down about half way, near the Fitzroy Arms, in Warren Place, about two miles from Hampstead, there Mrs. Jackson got out on the near side, the side I let her in.

Court. That is the side the parcel was? - Yes, I got off the box and knocked at the door, and the servant came and opened the door; and I immediately went and opened the coach door, and the lady got out; nobody got out of the coach but her.

Had she any parcels? - No, I stopped next at the end of Pond-street; I asked the gentleman twice over, whether I should set

him down? he said no, he would go out and walk.

What sort of a night was it? - It was quite a fine dry night.

Was it frosty? - Rather frosty.

When the gentleman got out, did you see him walk from the coach? - Yes,

Did he go fast or slow? - He went quite fast down Pond-street.

Had he any parcel? - Not as I saw.

Did you see him go? - I saw him go about thirty yards, he went very fast.

Did you see him stop to pick up any thing? - No.

Was the night perfectly light? - It was a glimmering moon.

When did you stop next? - At Mr. Gibson's, New Inn, Hampstead, there these two ladies got out.

When did you look for the parcel? - Immediately as they got out, while the coach was before their house.

Did you find the parcel? - No, I got a candle and looked every where, and I could not find it.

I suppose you made the loss as public as possible? - Yes.

Mr. Garrow. It is not uncommon for a gentleman to walk a few steps down the street? - No.

HARRIET GIBSON sworn.

Do you remember being in the Hampstead stage, on Saturday the 31st of January last? - Yes, I do; I got in from the Change; there was Miss Eastwick and a lady, and the gentleman at the bar is the gentleman; Mrs. Jackson got in at Holborn: I remember seeing a little parcel in the stage that night; it seemed to me to be a little oval box; the prisoner was the last that got into the coach: the parcel was in before the lady got in; the coach stopped at Warren Place, and set down Mrs. Jackson; she got out alone.

Had she any parcel? - None in her hand, not so much as her cloak.

Where did the coach next stop? - At Pond-street, Hampstead .

Who got out there? - The gentleman got out.

In what manner did he get out? - There was no particular hurry in getting out as I saw.

What sort of a night was it? - It was a beautiful night, I could see every thing that was in the coach.

Moonlight I presume from that? - Yes Sir, it was a beautiful moonlight night.

Did you see the prisoner when he got out of the coach? - Yes, I did; I saw him pay the coachman: I saw him run down Pond-street, with his hands in one another.

Did he stop to pick any thing up? - No.

If he had stopped, should you have seen him? - Yes, I should, because Miss Eastwick and me were at the same window.

Was it a frosty night? - Rather.

At what distance could you see him? - About ten or twenty yards.

Court. If I understand you right, the gentleman sat on the right hand side? did he? - We sat facing the horses, and the gentleman sat facing me.

Then he sat on your left hand? - I sat on the right hand side.

Which side did Mrs. Jackson sit? - She sat on the same side as the gentleman did.

Mr. Bowles. Of which side did Mrs. Jackson get out? - The lady got out of the left hand side; the gentleman on the other side.

Did you see the parcel after the gentleman was out of the coach? - No.

Did any thing pass respecting the parcel afterwards? - No, Sir.

Mr. Garrow. You have been examined several times on this subject, I take it for granted? - Twice.

Twice before magistrates; but you talked this matter over very often? - At home I have.

It has been a good deal the subject of conversation at Hampstead? - I have not been much at Hampstead.

I do not recollect when I had the pleasure

of seeing you last, madam; that you recollect this circumstance of his running down Pond-street? would you venture to swear now, that you told Alderman Le Mesurier that he ran down Pond-street? - I said the very same words, whereever I mentioned it.

Court. After Mrs. Jackson got out, did the prisoner move at all? - Sir, he put his hands behind him as he moved to the place facing Miss Eastwick.

Was that the side of the coach where Mrs. Jackson sat? - Yes.

Then after Mrs. Jackson got out, he moved to that place where she sat? - Yes, he did.

MISS EASTWICK sworn.

Mr. Silvester. You went in company with your sister, Miss Gibson, from London to Hampstead? - We both sat facing the horses; Miss Gibson sat with her right hand next the coach door.

Who sat opposite you? - Mrs. Jackson.

Who sat opposite your sister? - Mr. Bevan; that is him to the best of my knowledge: so we proceeded to Hampstead: Mrs. Jackson got out on the side where she sat, nobody but her: she had no bundle.

You then proceeded two miles further, and then the gentleman got out? - Yes.

Where did the gentleman get out? - At the end of Pond-street.

When he got out did he make any stop, or go off immediately? - He paid the coachman and went off immediately.

Between the time of his going off and the lady, Mrs. Jackson, getting out; had the prisoner continued in the same? - Yes; then he put his hands rather behind him, as if to assist him rather further on where Mrs. Jackson sat.

Mrs. JACKSON sworn.

I went in the Stage to Southampton Place, just by Warren Place.

Had you any bundle with you? - No.

Had you observed a little parcel before you got into the coach? - When I got into the coach at Holborn. I sat upon a little small box, which I took-up and asked if it belonged to either of the two ladies which were in the coach; they told me no, it was the property of the coachman: I threw it down on the other side, not to be inconvenienced by it any more.

Court. Did you put it behind you, or in the corner, or where? - I am not sure where.

On the same side where you sat? - Yes.

Mr. Garrow. you threw it as you describe now, and as you mentioned before the magistrate, carelesly out of your way that it might not inconvenience you? - Just so.

- TWYCROSS sworn.

Do you remember any application to the prisoner respecting a pair of pearl ear-rings, that was sent to Mr. Dingworth? - Yes. I went to the prisoner and told him I was informed he had a pair of pearl earrings; I went to the prisoner's house in the minories; he denied having them, and repeatedly denied it; and I told him several times that I had the best information that he was in possession of the ear-rings; I also was informed, I told him, that he was in the Hampstead stage that evening, which was Saturday, the 31st of October: after some hesitation, and on my repeating it; he acknowledged he was.

What did he say at first; did he say one way or other, whether he was in the Hampstead coach or not; give me a direct answer? - He hesitated a little; he continued still to deny knowing any thing of the ear-rings after that; Mr. Dingworth then came in; I told him Mr. Dingworth was the gentleman the ear-rings belonged to; that they were advertised to be brought to my house: we went all together in the parlour, and were there some time; Mr. Dingworth wished the prisoner to acknowledge having them; which he did after some time: he said he had had the ear-rings, but they were not in his possession; he said, he would go and fetch them; but we thought better to go with him.

Did he consent to that proposal at first? - Yes, I believe he did; he said they were at a gentleman's, a friend of his, in Great New-street; we went there, and the prisoner asked for Mr. Wiltshire, and for the ear-rings; and it came out, that Mr. Wiltshire was out with them; Wiltshire came in afterwards, and the prisoner asked Wiltshire for the ear-rings; and Wiltshire took the ear-rings out of his pocket, and gave them to the prisoner, and the prisoner gave them to me, or Mr. Dingworth; but I had them directly afterwards: Mrs. Wiltshire said in the hearing of the prisoner, that he told her he found them in Walcot-place.

Where is Walcot-place? - The other side of the water I believe; the next day he was taken before the sitting alderman, and was committed; I produce the earrings; I knew them before; I know these to be the ear-rings: I had them to alter, to make some addition to them.

Mr. Garrow. We have learned from your servant, that they were packed originally in a box like this, and wrapped up in fine paper like this? - Yes.

How many days had they been out of your possession? - From the Saturday to the Friday.

So that there had been abundance of time to have altered the shape of them? - They might have broke them to pieces in the time, and set them again.

I take it for granted, if you had seen the pearls loose without the setting, you would not have ventured to have swore to them? - It would have been very difficult to have done it.

Was not this man admitted to bail by the Court of King's Bench? - Yes, I believe he was.

And has surrendered this morning to take his trial? - Yes.

Now, when you went to him, you did not explain to him that you had any peace officer or search warrant? - No, I did not, till we got to Wiltshire's.

The man walked with you? - Yes.

He carried you to Wiltshire? - Yes.

Is Mr. Wiltshire here? - No.

I believe Mr. Wilkinson was the gentleman that came to you? - Yes.

Is he here? - No.

Do you know where he is? - No, I believe not; we went to find him.

Mr. Bowles. You have done all you could to find him? - Indeed I have.

JOHN DINGWORTH sworn.

I live at Hampstead, in Rouse's-buildings; there were some ear-rings which were sent directed to my wife, the 31st of October; I never received them; in consequence of some information I received from an advertizement, I went to the house of the prisoner Bevan; me and Twycross and a constable went together; Twycross went in first.

After he had been there some little time you went in? - Yes; I stood at the door, and looked through the window all the while; it was not above a minute.

After you came in and saw Bevan, tell us what passed? - I went into Mr. Bevan's shop, a register-office for hiring servants, in the Minories; I think, No. 104; I told him my name was Dingworth, that I lived at Hampstead, and was the owner of the ear-rings which had been advertized to be brought to Mr. Twycross the other gentleman, and which we were informed were in his possession; he denied knowing any thing of the ear-rings, or being at Hampstead, or even in the Hampstead-coach on that day, which was the 31st of October; I told him we had positive information of their being seen in his possession, with a direction to Mrs. Dingwall, Rouse's-buildings, inside the box, legible; and that he had been shewn the advertisement, to be carried to Mr. Twycross's house; he still continued persisting to deny knowing any thing about the matter, and said a great deal about honour and reputation and character, and things of that sort, which are not material; he still continued to deny; I told him he must know whether what he had told us, was true or not, and we only wished to have a decided answer; all this

passed in the shop; after this, he asked us (Twycroft and me) to walk into the parlour; he walked backwards and forwards in his back parlour, but still continued to deny knowing any thing about them, till I was tired out with the parlying and altercation; and I told him he must determine in two or three minutes, whether he would continue to deny, or confess, for our opinion was not to be changed; I repeated the clear and pointed information we had, and that there could be no mistake; I did not mention the informer's name; I told him it would be better for him to acknowledge, it would save himself and us both trouble; I told him I really had come there with the most favourable intentions towards him, in hopes he would acknowledge having them, that we did not wish to expose him; and he at last confessed that he had them; he gave us some account of the manner in which he had come by them, by handing a lady out at Warren-place; that he had handed a lady out at Warren-place, that he rang the bell at her gate, the maid servant opened the gate, and he helped the lady to carry in several bundles and parcels from the coach into the lady's parlour; that on returning from her parlour to the coach, he kicked something under his foot that lay in her passage; that he picked it up the outside of her gate or door, and put it in his coat-pocket; that he then stepped into the coach again, and was drove to the top of Pond-street, Hampstead, where he was set down; that was what passed. I then asked him where the ear-rings were now? he told me he had delivered them to a particular friend of his, I think, the day before, who lived the other end of the town; we asked his friend's name, and where he lived; he said his name was Mr. Wiltshire, and he lived in New-street, Shoe-lane; I then asked Mr. Twycross, who lives close by, if he knew of any such name? he said he did not; the prisoner then proposed sending somebody, or writing a letter, to Mr. Wiltshire, to send or bring the ear-rings; I objected to that, but that we would go with him; I then asked him whether he was certain that the ear-rings remained in the same state, as our information led us to suppose they were broke up; he told me I might be perfectly easy on that score, for that his friend was a man of strict honour and integrity, and fortune, and character; and that there was not the least danger to be apprehended on that account; we then asked him to go with us immediately to Mr. Wiltshire; and the prisoner and myself and a servant went off; we had a constable waiting outside the house, but we never mentioned any thing of it to him; Mr. Twycross and the constable followed us: as we went, the prisoner was very desirous that this matter might not be made public, or any thing that might injure his reputation, as he had lived many years in credit; and a circumstance of this sort getting wind, might injure him in the opinion and credit of his neighbours; I told him I certainly had no wish to do so, or to act hostile all to him in any shape that I could avoid; I told him I could make no promises, but it must depend on future events; (I did not yet know whether Wiltshire had the ear-rings); I begged of him to relate to me in a plain and simple manner, the means in which he had got possession of the box; he had told us something about it in his own house, yet I was not satisfied.

(Mr. Garrow objected to this, after what the witness had said, that it must depend on future events; and the Court was of opinion, that after what he said, it ought not to be given in evidence.)

I had no wish; I certainly did not mean to make any promise; when we got to Wiltshire's, we went into his dining-room; there were three or four women at dinner, and one young man; we asked Mrs. Wiltshire if Mr. Wiltshire was at home? she said, no; we asked her where he was? she said she did not know where, nor when he would be at home; we then asked her if she knew if he had in his possession, a pair of pearl ear-rings, which the prisoner, Mr. Bevan, had delivered to him? she said she

had, and they were locked up in the bureau; we said, as that was the case, and as she was not certain whether he would be at home before night, this person that was with us was a constable, and had a search warrant; we had not mentioned the constable before; and that if she pleased, the drawers might be opened if she had a key, or a key could be found in her presence, in order that we might get the ear-rings; she was very unwilling, and would not hear of that; she said his bureau contained things of great value, and he never suffered any person to open it; but finding we were determined, she then said they were not in his bureau, but that he had carried them out in his pocket, in order to have them valued: and she particularly named a shop, a Mr. Field, in Holborn; we desired her to send to find him, and bring him home; and accordingly she sent to several places, and he returned in some time, about an hour, but could not find him; then Mrs. Wiltshire, as we had related to her the conversation, and what he said of finding them at Warren-place; she said that was different to what he had told her, for he had told her he found them at Walcot-place, in Surrey; that he was riding on horseback, saw this parcel laying in the road, and got off his horse and took it up; there was a good deal said about this, his giving different accounts, as it was in the presence of Mr. Twycross and the constable and the ladies that were there; mean time, a coach stopped at the door, and Mr. Wiltshire was in it; Twycross went down stairs; what passed between them below, I do not know; but he presently came into the room, and Mr. Bevan the prisoner, told him these gentlemen were come for the pearl ear-rings which he had given him; he put his hand in his coat pocket, and took out a large silk handkerchief, and pulled out the box, and delivered it to the prisoner; the prisoner offered to deliver it to me, but I declined taking it; I desired him to give them to Mr. Twycross, who had made them, and altered them lately, or I had not seen them since they were altered, which he did; I desired Mr. Twycross to examine them, and see that they were in the same state, which he did, and found they were in the same state; nothing more material passed at that time; they are my property; I knew the drops, because I had not had any alteration in them; I had had them twenty years; I gave them to my wife when we were married; then the prisoner desired to know whether he was at liberty? I told him I apprehended I was not justified in letting him go, till he had been before the magistrate who granted the warrant; and the constable insisted on taking Wiltshire also, but that I had no hand in.

( William Wilkinson called on his recognizance, and not appearing, his recognizance was ordered to be estreated.)

ESTHER RADFORD sworn.

I live at Hampstead; my husband's name is Samuel.

Are you acquainted with the prisoner? - Sir, I remember his coming to my house on the 31st of October, in the evening; he brought a small parcel with him, about five or six inches long.

Please to state what he did with it, and what passed on the subject? - When he came to my house, he said he had picked up that parcel at the top of Pond-street; he brought the box openly in his hand; I asked him what it was, and he told me he could not inform me; I took it in my hand, and from its lightness, I said I supposed it was a box of medicine; it had not been opened; I did not see any direction on the box: the direction was defaced with the dirt of the road; the prisoner endeavoured to make out the direction; he made out some buildings; and he asked me if I knew it? I told him I never heard of such a name, nor have not since: I desired Mr. Bevan to open them to see; there were my servant, my husband, and myself, that is Mr. Radford and Mary Morris ; I said, if they were medicines, that the servant should endeavour to find out the direction, if she walked all night; when they

were opened, and I saw they were earrings; I thought they could not be of any consequence, to deliver that night; Mr. Bevan and me desired the servant to enquire in the neighbourhood if there was any such buildings as those we concluded was on the direction; and that if any such parcel should be enquired after, by describing it, and applying to our house, they might have it; Mr. Bevan desired me to take care of them; he gave them into my possession, and I put them into a bureau, and I desired my servant, when she went out, to get me a newspaper; which was produced to me on the Monday; I read it through, to see if such things were advertised; I saw no such thing: Mr. Bevan left the house on Monday morning, at six o'clock; he desired my husband, if they were not owned before he went to town, to bring them to town in his pocket; and my husband took them to town in the box, in which they were, as they were not advertised; I said, I supposed they were of no consequence; I am no judge of the value of pearl, for my own part; I did not think them worth half a crown.

When did your husband come to town? - On Wednesday, at one o'clock; these things continued in my possession, at Hampstead, till the Wednesday.

If in that time they had been applied for, and described by any body, should you have delivered them? - Most certainly I should; it was the particular desire of Mr. Bevan.

Court. Did you look in the papers after the Monday? - I did not.

Mr. Garrow to Twycross. When did you advertise them? - Wednesday and Thursday.

Mr. Garrow to Mrs. Radford. Did you mention this to any body yourself? - I did not; it was left to the servant.

Mr. Silvester. Pray madam, what may Mr. Radford be? - He is at present with Mr. Bevan, has an annual salary from him, and has had for a year and a half.

In what business? - In Mr. Bevan's business.

Then he is a clerk to Mr. Bevan? - So you may term it.

To Mr. Bevan, a register-office, in the Minories: your house is at Hampstead? - Yes.

This parcel was produced before you; the direction was very much defaced: a wet night perhaps? - I cannot charge my memory.

Was it a frosty night? - I cannot say; I believe it was a moonshiny night; but whether wet or dry, I cannot positively say.

When it was produced to you, where did he say he had found it? - He said he had picked it up at the top of Pond-street.

Getting out of the coach? - I never heard him mention the coach; he said, he had picked it up at the top of Pond-street.

He did not know how it had dropped there? - I never heard him mention it.

How many houses are there from the top of Pond-street, to your house? - Upon my honor, Sir, I cannot tell you.

How long have you lived there? - A twelve-month; I never numbered the houses.

Whether there are four or five, or a dozen? - I cannot say.

You could not see the name at all? - I did not.

The only word that was at all legible, was either Rouse's or Rowl's-buildings, or something of that kind? - Yes; that was not legible.

But you could see, either Rouse or Rowl upon it? - Upon my word I did not particularly look at it; I desired Mr. Bevan to open it immediately.

I should have thought curiosity would have led you to read it? - I did not.

Did he rub the mud off? - He endeavoured to do so.

With what? - With his hand.

Not with a cloth at all? - No, but with his hand.

And there was something of buildings you saw? - Yes.

But whether Rouse or Rowl's, you cannot tell.

It was very wet mud, I take it for

granted? - Upon my word I cannot say; I did not look at the direction.

Yes you did, because you saw the word buildings, either Rouse or Rowl's upon it? - It was very much dirted with the road dirt.

No cloth was attempted to wipe it off? - No.

And you saw the word buildings? - Yes, and something of an R, either Rowl's or Rouse.

You did not know such a place as Rous's-buildings? - No, Sir, I never heard of it in my life; I fancy the hour might be about nine, but I am not positive to the hour.

And early on Monday morning you sent for the advertiser? - Yes; I fancy it was the Gazetteer and Daily Advertiser; it was the Monday's paper to the best of my knowledge, but I cannot particularly say; I looked the paper particularly through; but I never looked at any other paper; I desired the servant to enquire when she went about her business; I never made any enquiry, nor mentioned it to any body: I did not send to the stage, nor to our post office.

How near is your publick-house to you? - I very seldom have any thing from the publick-house; but I told my servant, she happened to have a very shallow memory; she did not enquire; on Sunday I sent her to town, to fetch some friends; she then omitted it; on Monday she did make some enquiry.

When you saw it, you knowing so little of pearls, thought they were not worth half a crown? - I did; I would not have given that for my own wear; I never heard there were any different kind of buildings at Hampstead: I go out very little.

Was the word Hampstead to be seen? - I saw nothing but the word buildings.

Nor the name of Dingworth? - I never saw it.

MARY MORRIS sworn.

I am a servant to Mr. Radford: I know Mr. Bevan; I remember his coming to my master's house, on Saturday night, the latter end of October; he walked up to the dresser, and said, see what I have found; my mistress replied, she thought it was an apothecary's box.

Had it been opened at that time at all? - No; my mistress had it opened; and my mistress said, if it was apothecary's stuff, I should endeavour to find the place, if I walked all night; it was opened, and I saw one ear-ring; I cannot tell what it was; I am not a judge; my mistress said she thought it was a poor paltry thing, not worth a thought; if it was of property, she should soon hear of the owner: I had no direction, that I heard that evening.

When was you directed to do any thing? - The next morning they said I should make enquiry; on the Sunday morning I was sent to town on my mistress's business; as she had company in the evening, which took up my time.

When was you directed to do any thing about this box? - On the Monday morning I enquired of Mrs. Bournell's niece; she was indisposed; (Smith is the name of the publick-house) I asked him for the place which I thought was described.

What place was that? - Upon my word I cannot tell now; it was of so little consequence to me; it was some buildings, I had never heard of the place.

What became of the things on the Sunday, or the Monday? - I never saw them after the Saturday evening; my mistress put them in a drawer, to take care of them till she heard of the owner; and then to return them to him; I could not find out where these buildings were; I mentioned it to one or two more; nobody applied for the things; I went to the publick-house, Mr. Smith's, by my master and mistress's desire, to ask for their paper; that was on the Monday morning; Mr. Smith's reply to me was (I went twice for it, and it was not at home) if your mistress wants any advertisements, Mary, there are none in our paper.

Did you get any newspaper at last? -

Yes; I returned back, and my mistress desired I would go to the George; I replied, we did not deal with them; and I got a little boy to borrow it for me; and I took it to my mistress.

Had you any directions to keep it a secret, that this box was there? - Not in the least.

If any body had described it, they would have had it given to them? - Certainly, they would.

When did Bevan go to London? - On Monday morning, about six; my master went on Wednesday, about one; I believe he took the box to town; I cannot say.

Do you remember seeing Mr. Dingworth? - Yes, on the Tuesday morning that Mr. Bevan had his hearing; I saw him in my master's garden; he brought with him Mr. Smith, the man of the publick-house; that was the 10th of November; Mr. Dingworth asked me if I knew a woman of the name of Jackson; and said, she resided at the Half-way-house, and that she was a woman of the most infamous character; and if he could meet with any person, whom he thought he could father that on; he said, he was sorry for the poor devil, for that he had traced a lady's character, whose name was Jackson, which was a very infamous one; he said, he would free the poor devil, if he could.

You did not know any thing of Mrs. Jackson? - Never heard of the name in my life.

And you told him so? - I did.

What more did he say? - He said, the Hampstead gentlemen had joined in a committee, and obliged him to prosecute him.

When you say you saw Mr. Dingworth in the garden, did he go to the house, or how? - No, he came to the front of the house, where the garden is; I never saw the gentleman before; I assured him I never heard of the name in my life; he asked me if I could tell him of any body else that he could father it on; because he said, he understood such people came to our house.

What people? - Bad people, I suppose he meant.

Mr. Silvester. You did not know Mr. Dingworth before? - I never saw him before.

And he came to you, to ask you if you knew any body that he could father it on? - Yes, that was the word.

There had been an examination the Saturday before? - Yes.

And on the Tuesday afterwards he came to you, and said as you have described? - Yes, Sir; and Mr. Smith, the landlord, heard him; he is in Court.

Did not you think it rather odd, that Mr. Dingworth, whom you did not know, should apply to you? - I could not say any thing to it.

But did not it strike you as something odd? - That is what Mr. Dingworth asked me.

How long have you lived with Mr. Radford? - Almost four years.

What is he? - He is with Mr. Bevan; he keeps an office; he was formerly an haberdasher; now clerk or partner, I do not know which, with Mr. Bevan.

The parcel was very muddy, you know, when Mr. Bevan brought it in? - I never had it in my hand; I could not see whether there was any direction; my business took me another way.

And never looked at all on the direction, nor whether there was any one word at all upon it? - I cannot answer to it; the place they made out to me, they desired me to enquire for.

What place was that? - I cannot tell; I did not know I was to be called on.

Did not you see them take the dish cloth, to wipe off the mud? - I was about my work; I did not see what was done.

Then you do not know whether it was muddy or not? - I heard my mistress say it was.

Did not you look? - I did not look.

Where did he say he found it? - At the top of Pond-street: they read some buildings, and desired me to enquire into it;

they desired me to make more enquiry than I did; this was Saturday night; on Sunday I made no enquiry; Monday I was at Smith's publick-house, and saw Mr. Smith; I made no enquiry there, only asking for the paper.

What did you want to find? - My mistress wished for the day's paper.

For what? - To look for the advertisement.

What advertisement? - To see whether the ear-rings were advertised.

Therefore you knowing that, went to Smith's for the paper? - I did.

Did you say a single word of it to Mr. or Mrs. Smith? - No.

How near do they live to you? - About one hundred yards.

And then you was desired to go to the George? - Yes; I did not go there; I procured the paper.

Did you make any enquiries at any of the stages? - No.

At the post office? - No where.

Who is Mrs. Bournell? - She is in Court; my master and mistress rent a house of her; she keeps a private house and lets it out in lodgings; she lives at the adjoining house.

There is a communication, I understand, between this house and her's? - Yes, there is a door that opens sometimes, between our house and Mrs. Bournell's.

What is that door for? - Upon my word I cannot say.

Then your enquiries did not extend farther than your next door neighbour? - Nobody else.

Mention the name of any one reputable housekeeper in the town of Hampstead, or any person of character that you enquired of? - I cannot give you any more information than I have done; I was desired, but I really neglected it.

How could they come to you; for nobody knew this, but you and Mrs. Bournell's niece? - I looked upon it of so little consequence; I enquired as much as I thought of.

But you did not think of it at all, it seems. Now the conversation that passed with Mr. Dingworth was in your garden, Smith, the publican being present the whole time, and hearing the whole of it? - Yes.

Did not you tell Mr. Dingworth that you had received no directions at all to enquire about it? - No, Sir, I did not.

Upon your oath? - Upon my oath.

SAMUEL RADFORD sworn.

Mr. Garrow. I understand you live at Hampstead? - Yes: I remember Mr. Bevan coming home the 31st of October, between eight and nine, and brought a box, which he said, he had found, and the directions were dirty; they were wet and muddy; he opened the box.

Did he endeavour to make out the direction? - He did, but could not.

Did you make any thing out of it? - We could make out Hampstead and Rowl: the box contained a pair of pearl ear-rings; and my servant was to endeavour to find out the place; my wife thought they contained medicines: Mr. Bevan left Hampstead on Monday morning, at six o'clock; he left them in our care; if they were enquired for, they were there; if not, when I came to town I was to bring them in my pocket: Mr. Bevan likewise desired the servant to say, if they were enquired for, that they were at our house.

When did you come to London? - On Wednesday morning, about eleven; I brought the box with me; I kept it about two hours; I know nothing of it further.

Did you know any such place as Rouse's-buildings, if you had heard this was to go there? - Never.

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

Reference Number: t17891209-111

THE WHOLE PROCEEDINGS ON THE KING'S Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex, HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday, the 9th of DECEMBER, 1789, and the following Days;

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

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

NUMBER I. PART VII.

LONDON:

Printed for E. HODGSON (the Proprietor); And Sold by him, at his House, No. 14, White Lion Street, Islington; Sold also by J. WALMSLAY, No. 35, Chancery Lane; S. BLADON, No. 13, Pater-noster Row; and C. D. PIGUENIT, No. 8, Aldgate.

MDCCXC.

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 David Bevan .

Mr. Garrow to S. Radford. How long have you known Mr. Bevan? - Eleven years.

You are connected with him in business I understand? - I am now for two years; he is as worthy a character I believe, and am sure, as any gentleman in Court, that has been his general reputation.

If any body had applied at Hampstead on the Sunday, Monday, Tuesday, and Wednesday, before you came to London, and described this, would it have been delivered to them? - Certainly, by the direction of Mr. Bevan, I looked for the advertisement on the Tuesday morning; I believe I sent to the publick house that we deal with; but they take in only a Sunday paper.

If you had found the advertisement in that paper, would you have returned the earrings? - Certainly I should.

Are you sure, whether it was Monday, or Tuesday? - I am not sure, but I believe it was the Tuesday morning.

Had the servant directions to make a general enquiry in the neighbourhood on the subject? - She had.

Mr. Silvester. It was late on Saturday night that you saw the parcel? - Yes, we thought it was in the Sunday paper.

How could that well be? - Upon my word I do not know.

What are you? - A haberdasher by trade; I have been assistant to Mr. Bevan near two years; I live at Hampstead, and Mr. Bevan generally comes there on Saturday nights.

What did he wipe the wet and mud off with? - With his own handkerchief.

You did not give him a cloth? - Upon my word I cannot say.

What do you not remember your wife giving him a cloth? - Upon my word I do not know that; I did not take any notice till the box was opened.

Where did he say he found it? - At the top of Pond-street.

Coming from whence? - From Holborn.

Did he say he was getting out of the coach, or how? - Getting out of the coach, he said, he kicked it before him; not getting out of the coach, but after he paid

the coachman, and wishing the ladies good night, he kicked it before him, and brought it to our house; the parcel was very dirty and wet.

Was it a wet night? - No, it was a fine night; if I recollect right.

It was not wet at all? - No.

The word Hampstead was plain? - Hampstead was plain; I am sure I do not know, whether Row, or Buildings, or Street.

Where was she to enquire? - I did not give it a thought.

Therefore you did not say, perhaps it belongs to the coach? - It did not occur to me at all.

Now the word Rowl, you do not know whether it was there, or Rowe? - Indeed I do not know.

You never made any enquiry at Smith's, or any public house? - No.

How did you come to town on the Wednesday? - In the stage.

I suppose you mentioned it to the stage coachman of course? - No, I did not.

Why you knew that Mr. Bevan was desirous of returning it? - Yes, but I did not mention it to a single person; I did not give it a thought.

Do you know a man of the name of Wilkinson? - Yes, I do.

Do you remember seeing him? - Yes.

What day was it? - The Wednesday.

Where did you see him? - At Mr. Bevan's house; nothing passed then about it; Mr. Bevan asked me if any body had owned these things, or if they had been enquired for, or if Mary had taken them home; says he, have you brought them to town? I said, I had not; I said there was not such a place known in Hampstead.

What place? - As some buildings, or row at Hampstead.

Court. No such place as what? - As Rouse's Buildings, or Rose, or Rowl; I cannot say: on the Wednesday evening Mr. Wilkinson, who had been in the line of jewellery; Bevan asked him whether they were pearl or beads; he declared them beads of about fifteen shillings value; and that they would of course not be advertized; and Mr. Bevan said, well, if I go to Hampstead again: I will put them into my pocket, and make the servant endeavour to find out the place; if she walks from the time I go, till I return: on Thursday Wilkinson brought in a paper, and said, Bevan, I have news for you: says he, these very same ear-rings are advertised five guineas reward.

Are you sure as to the day? - On Thursday, we were at dinner at the time; Mr. Bevan went up stairs and put on his hat, and said, I will take them home immediately: five guineas was an object to him at that time: Wilkinson's answer was, that Bevan was a damned fool if he did; for if they were advertised five guineas, they must be a mixture of pearl and beads, and that in the course of two or three days; between that time and Monday they might be advertised twenty: Bevan was not satisfied with that; but insisted on taking them home for the five guineas; and Wilkinson dissuaded him from it; I observed that he might lose the reward, which was five guineas, and he said, says he, no, if it is a month to come, he will have the same reward, as it is now advertised.

Mr. Silvester. You are sure it was on a Thursday? - Yes, the next day Bevan was apprehended; I was was not in the way; I heard no more of it till Bevan was in the Compter.

Mr. Garrow. It was when you was at dinner? - Yes.

Mr. Garrow to Twycross. What time of day did Wilkinson come to you? - On Friday morning between ten and eleven.

ELEANOR WALBROOK sworn.

I live at Mrs. Bournel's at Hampstead, at a house joining to Mr. Radford's; there is a communication between the two houses.

Do you remember any particular enquiry about any particular place at Hampstead? - It was about the beginning of the week; the week that the things were found: I

told her I did not know; but my aunt was so very ill that I did not enquire; she said it was by the particular desire of her master and mistress; she said nothing else.

THOMAS TURVEY sworn.

I live in Furnival's Inn, Holborn, I have known the prisoner ten years; he was recommended to me as a servant; he served me very faithfully and justly two years; he had very great property in his possession, and I always found him faithful; he bore a general good character, or else I would not have kept him: I recommended him to a very worthy family; he was two years with me: I believe it is now seven years ago; I have enquired of his character; I was not very fond of his going into his business, but I have heard he always recommended good servants.

JOHN ALLEN sworn.

I live in Grays Inn, I am of no profession, I have known the prisoner about two years; till this affair, he was a very honest-man.

Mrs. BOURNELL sworn.

I live next door, I have known him almost two years, and twelve months he was a lodger of mine; an honest punctual man, true to his word.

HARRIOT HESLOP sworn.

I am acquainted with the prisoner; he was acquainted with a lodger in a house at Hampstead, where my mother lodged; Mr. Bevan was frequently there, almost every evening; my mother had property of value there, which was constantly unlocked, and therefore, if he had been a person of bad character, he had opportunity of stealing; I looked upon him to be a very honest man.

THOMAS EATON sworn.

I live at Chelsea; I have known him between seven and eight years, always a very honest good character; never heard any thing against him in my life.

(The prisoner called two more witnesses who gave him a very good character.)

Mr. Silvester to Mr. Dingworth. You have heard what that young woman, Morris, has said? - Yes.

Had you any such conversation with her? - The conversation I had, was in the presence of Mr. Smith, the master of the White-horse; on Monday, after the first examination, Mr. Bevan told me he had left directions with Mr. Smith at the White-horse, in case any body enquired.

Mr. Garrow. Had you such conversation with him as has been stated? - No: I had a conversation, but not such a conversation.

Had you any thing like it? - No; what I said to her was, Mr. Smith was anxious to know whether she had said that she enquired at his house, or gave any sort of notice in any shape whatever, to him or his wife, or any person in his house, about the loss of that parcel; because Mr. Smith said he was very much hurt to hear that it had been said, that she had mentioned it to him or his wife, or any person in his house; upon which, Mary Morris said that she certainly had made no such enquiry, nor mentioned nothing of it to him or any of his family; nor she had no such orders to mention it to either, from Mr. or Mrs. Radford, nor to mention it to any body; all that she knew of it was, Mrs. Radford had said to her after Mr. Bevan was taken up, that Mr. Radford had desired her to make enquiry, but she did not hear it: that enquiry was made at the request of Mr. Smith, to clear his character; it was not my desire; he asked me to go; then I told her, says I, my girl, it has been said you had offered to carry it home, but that your mistress, or Mr. Radford, had forbid you; she prevaricated in that story; and I just said to her, my girl, I do not come here to pump you, it is for Mr. Smith's satisfaction that I came here; if you are a witness, speak nothing but truth, and I do not ask you any more; that was the whole, to the best of my knowledge, that then passed; and as to Mrs. Jackson, I had not then heard of her name.

You did not even then know Mrs. Jackson or her name? - No.

Now, did you say that you wanted to father it upon some body? - No, certainly not; I had no knowledge of any of the parties, nor of Miss Gibson.

JOHN SMITH sworn.

I keep the White-horse, Hampstead.

How near was that to Mr. Radford's? - About one hundred and fifty yards.

Did you go with Mr. Dingworth to Radford's house? - Yes, on the 9th of November; I saw the maid, Mary Morris ; I have not been in Court at all.

Tell us the whole of the conversation that passed between Mr. Dingworth and the maid? - We went to enquire of the maid, whether she enquired in the neighbourhood concerning these jewels being lost; and she told us she did not enquire, and that she did not hear Mr. Bevan desire her to enquire; but afterwards Mr. Radford had informed her that Mr. Bevan had bid her enquire, but she did not hear him.

Did she tell you when Mr. Radford told her that? - No; I do not recollect the time she said; I do not recollect nothing more.

Do you recollect any person's name being mentioned? - No, I cannot say I do; I recollect something about Mrs. Jackson at the Halfway-house.

When was that? - At the same time.

What was said about Mrs. Jackson? - I do not recollect what it was.

What day was it? - The 9th of November; it was at Radford's.

What was said about it? - Mr. Dingworth said they thought that Mr. Bevan had found the things at the Halfway-house, at Mr. Jackson's; and if at the Halfway-house, he could prove it clear against her.

Mr. Garrow. What did Mr. Dingworth say about Mrs. Jackson's character? - But little; I do not recollect that.

Does Mrs. Jackson live near the Halfway-house? - Yes.

(The Jury deliberated for some time, and then withdrew, and returned with a verdict,

GUILTY .

Transported for seven years .

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

Reference Number: t17891209-112

113. THOMAS LISCOMB , JOHN STONE , and ELIZABETH CLUFF were indicted for feloniously assaulting Joseph Mendes , on the king's highway, on the 2d of November last, and putting him in fear, and taking from his person and against his will, a man's hat, value 2 s. 6 d. and three half crowns, his property .

JOSEPH MENDES sworn.

I am a manufacturer of tobacco , No. 4, Paternoster-row, Spital-fields; I am a housekeeper; on Monday, the 2d of November, at twelve at night, as I was coming home from Whitechapel; I had been with some friends drinking a little brandy and water, at the house of Mr. George Alderidge , Church-lane, Whitechapel; he is a publican; we serve him with tobacco; and when we go to look for orders, we spend a trifle.

Was you sober? - As sober as I am now; I was coming home the nearest way through Wentworth-street ; and at the corner of George-street, there I met six or seven different people; there were one woman, and five or six men; the woman prisoner was the woman that was in company with the six or seven men; the woman prisoner ran after me, and laid hold of my coat by the breast, and asked me for twopence to pay her lodging; I asked her for what with that she called out John, Tom, and a parcel of christian names; when she had made a hallooing, the prisoner Liscomb came, and used language which I think I am not permitted to repeat here, very bad language, and very threatening language.

You must tell me the language, if it was ever so bad? - They first said, d - n your eyes and limbs, and your b - y eyes and limbs, I will cut your b - y liver out; and the woman said, cut his b - y liver out; he only swore at me at that time; I laid hold of him, and collared him, and called the watch; I saw the watch, but he would not come to my assistance; when I called out watch, the woman prisoner called out again, John, Tom, and the other names; and the other two men came up, and struck me over the breast; the other prisoner was among the other men; I was obliged to let go my hold, when they struck me: I went to get away from them; they would not let me; they crossed the street; they drew me with their fists into the next street; then the woman prisoner says, now give it him; then they knocked my hat off my head; they did together; Liscomb was one; they struck it on one side, and it did not happen to come off; then they struck it on the other side, and it came off; then they unbuttoned my breeches pocket, and took out three half crown pieces; during this transaction, the prisoners Elizabeth Cluff and Liscomb together with the others, beat me, and the others, they were all in company; but Liscomb assisted in taking the money out.

Look at Liscomb? - Yes, I knew him before the robbery was committed; and it was a moon-light night, and done under a lamp; I had a full opportunity of viewing their persons.

Did the prisoner Stone do any thing to you? - He was in company with them, and assisted; but he neither struck me, nor unbuttoned my breeches pocket.

Why, you described Stone as coming up the second time, when the woman called? - He did; he assisted along with the others in striking my wrist, and making me let go my hold; but he did not assist in unbuttoning my breeches, and taking away my property; three of them ran away; I went and gave information; Cluff I swear positively struck me while Liscomb was taking the money out of my breeches.

Had you ever seen the woman before this time? - Yes; they live in that street; I have seen them all, and knew them all; I described them to the officer, before I took them: and I went in and picked Stone out the next day, among thirty or forty people at the public house.

How came there to be so many people there? - Why there were a great many benches and tables; they were as thick as they could be; it is called the Prince of Wales, the corner of George-street; there we took Stone; and from the Black Swan in Rosemary-lane, we took Liscomb and the woman; there were a great many other people there.

Did you lose any thing else besides your three half crowns? - A pocket handkerchief; but I did not think it worth while to put it into the indictment; it was an old one; I lost a silver pencil and pen; that is not in the indictment; nothing else; I lost my hat.

Prisoner Liscomb. Has not he taken up three besides us? - I took three more, but then as there were six or seven in the scuffle, I would not venture positively to swear to them all; I could only swear positively to these three; I fixed my mind on them; and I remarked more when I came to the corner, and when Mr. Staples asked me to be sure and certain of them; I do swear positively to them all; I am very confident.

Prisoner Liscomb. He has taken one of the others again, and afterwards swore to him, and then acquitted him; and the justice said he did not think that it was any thing but an assault; Cook and Brown are the two officers that apprehended them.

JOHN COOK sworn.

I apprehended the three prisoners with the prosecutor, on the 3d of November; he pointed them out to me; he said he was robbed the evening before, by Stone and some others; and that he was robbed of three half crowns and his hat; the same evening I took up the other two; I took the two last at the Black Swan; there were several more; the prosecutor pointed them out before they were apprehended;

he said they were the two others that robbed him the night before; I took up no more that evening; I think the next day there were two more taken up, or it was some time that week; I cannot justly tell the day; they were men; they were discharged; the prosecutor would not swear to them positively.

THOMAS BROWN sworn.

He deposed to the same effect.

PRISONER LISCOMB's DEFENCE.

I never saw the man till he came to the public house: he looked very hard at me; I said, Cook, will you drink; and while he was drinking, the prosecutor said I believe this lad is one, take him with you.

PRISONER STONE's DEFENCE.

I met this man in the street two or three times: he looked very hard at me; I went into a public-house the corner of George-street, and he came in with the runners; and he was whispering, says he, I believe he is one; they said, do you think he is? he said I believe he is: I never saw the man before with my eyes.

PRISONER CLUFF's DEFENCE.

I went to get a pint of beer for my mother; he said I was one of them, and he took me down Catherine-wheel-alley.

GEORGE NORRIS sworn.

What are you? - A barber; Stone is a weaver ; I can swear he was at home at the same time the robbery was done; I saw him go to bed myself; I got up the 2d of November last, on the Monday morning about six, and went to work; I work at one Mr. Partridge's, the New Cut, Wapping, I came into this house, the Prince of Wales; there I was till near ten, had my supper and went to bed.

What time on the Monday did you first see the prisoner Stone? - About half after six or near seven; it was six when I left work; I was in the house where he was in, it did not want a quarter of seven when I got to the house; I had Wapping Church to walk, as far as there, it was six when I left Wapping; I live up two pair of stairs, right fronting the Prince of Wales; I went home about ten, I went up stairs to ask for a light, and then the prisoner Stone was in his own room going to bed, overhead where I lodge; he was going to sleep with the young fellow that had the room over me; the same night he came over to the same house where I was, and when I went up stairs, he was up in the same room; I went to bed; the door is bolted with a couple of bolts: I got up in the morning to go to work; and when I came down in the morning, I found the bolts the same as I left them over night, to the best of my knowledge; there is no lock on the door, they are common bolts.

Then I suppose if ten people had been out of the house that night, and left the door open, and had came in and shut the bolts; you would have found them as you left them? - Yes, I found them to my knowledge the same; I cannot positively swear.

How long had you known Stone? - As nigh as I can guess, about a year and a half.

Court to Prosecutor. Look at the witness, was he one of the party? - I cannot say.

JOHN TUFFEY sworn.

I know John Stone ; I am a weaver, I have known him between six and seven years; he worked with me near two years, boarded and lodged in the house; I never found him dishonest in my life; he never wronged me of a farthing.

Court to Prosecutor. When did you appear last, as prosecutor in this Court? - Never in my life in a criminal Court; I have sued for debts.

Did you happen to hear what was the reward on this occasion? - Never, till yesterday, I heard it talked of at Hicks's Hall, at Mr. Johnson's office, where the people were filing bills; I carried no paper to Johnson what the case was, and he ordered

his clerk to look into a little printed book, and from thence he wrote the indictment.

ALL THREE NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Court. Prisoners, the Jury, in a case which in some measure might be doubtful, have taken the favorable side; in your own consciences you must know whether you have been guilty or not; if you have, I hope you will take warning.

Reference Number: t17891209-113

114. JAMES SULLIVAN was indicted for feloniously stealing, on the first of November last, a gelding, value 30 l. the goods of Jesse Grigson .

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17891209-114

115. WILLIAM CLIPSON was indicted for that he, on the 23d of July last, in the parish of St. Bridget, otherwise St. Bride, being turnkey of the Fleet Prison , did feloniously and wilfully, and of his malice aforethought, make an assault on Charles Hart , then being a prisoner in the said prison; and that he, then and there, without the licence and liberty of the said Charles Hart , did convey him into the strong room, so called, in the said prison; the said room being a cold, damp, and unwholesome place; and that he kept the said Charles Hart closely confined for sixteen days; by which confinement he became mortally sick and diseased in his body; and of such sickness did languish, and languishing did live until the 14th of October; at which time the said Charles Hart of such mortal sickness did die: and the jurors aforesaid say, that he the said William Clipson him the said Charles Hart did kill and murder .

JOSEPH APSEY sworn.

Did you know the deceased, Charles Hart ? - Yes.

How long? - About five months ago; I cannot justly say.

Do you know how he came by his death? - I cannot say particularly; I know he was in a room, called the strong room.

How long before he died, was he confined in the strong room? - I was in bed, and came out of the prison before he died, and how long it was before, I cannot say.

You do not at all know what was the occasion of his death? - I heard the deceased say, that that place would be his death, or words to that effect.

Mr. Garrow, Prisoner's Counsel. How long have you been out of the Fleet Prison? - Perhaps three months, or not so much.

You was discharged by the Thatched House Society; of course you have not been at the Fleet lately? - Yes, I was sent for within this four or five days, by Mr. Barkley.

You have not talked with any other on this subject in the Fleet Prison? - I cannot say that.

Was you in Chancery-lane last night, or with Mr. Jackson yesterday? - I was, not on this business: what carried me to the fleet, was, Mr. Barkley's sending for me.

Tell me, when this man was put into the strong room, was it not in the summer time, in the month of July? - I believe it was.

Was you examined before the Coroner? - I was not.

Are you any relation to the deceased Hart? - None at all.

On the 24th of July, Mr. Hart was put into the strong room? - I cannot say positively.

Do you know that Mr. Hart was a very drunken man; used spirits very much? - I know he would get drunk sometimes.

Do you mean to swear that he was not as notorious a drunken, debauched man,

as ever lived on God's earth? - I do not know that; the man would get drunk sometimes.

On the 24th of July, this man was put into the strong room; he was out when you left the gaol? - I cannot say; I believe he was.

Have you been out a month, two months, or three months, or how long? - I cannot say positively.

On your oath, was not you discharged in the month of August? - I believe I was.

Do you not know that this man left the strong room on the 8th of August, or at least was it not early in the month of August he was turned out of the strong room? - I believe it was.

How long was he in? - When I got up on Friday morning, he was in.

And he was put out on the 8th of August, and did not he live till the 24th of October: pray what sort of a place is this strong room? - It is a room like a cellar, almost, rather under ground; I suppose about three feet and a half.

How high? - I never measured it.

During the time, was there not people that lived there by choice nine or ten months together, and do not you know that Mr. Jackson lived in the room with Mr. Hart? - He was put in the night before Mr. Hart was.

And was not Mr. Hart put in because he swore he would pull down the gaol, if Mr. Jackson was not let out? - I said before I was in bed when he was put in.

Is not this strong room as big as fourteen rooms on the same floor, in which prisoners live with their families; has it not a fire place, and had not he a four post bedstead in it? - Yes, he had.

Do you not believe he died by being confined in that strong room? - I do.

What effect had it on him? - When he came out he was not so well as when he went in.

Mr. Garrow. But he lived on till October? - Yes.

How often did you see him sober in that time? - I have not to my knowledge seen him once, because I left the prison shortly after.

NOT GUILTY .

The prisoner's counsel moved for a copy of the indictment, which the Court granted.

Tried by the London Jury before Mr. Justice ASHURST.

Reference Number: t17891209-115

116. WILLIAM MARRIOTT otherwise MAYOT was indicted for making an assault, on the 16th of November last, in the parish of Stepney, Middlesex , on William Davenport , and then did cast and throw, and with both his hands and feet, in and upon the stomach, back, and sides of the said William Davenport , did feloniously, willfully, and with malice aforethought, strike, beat, and kick him, whereby the said William Davenport did languish, and languishing did live from the 16th of November, until the 19th of the same month, at which time the said William Davenport did die .

THOMAS DAVENPORT sworn.

I am a brother of the deceased, William Davenport; he was a servant to Mr. Wade and Co. dealers in coals at Shadwell, and used to drive the coal waggon; the prisoner was in the employment of the same persons before: my brother took his team, and succeeded him in the same employment: the prisoner and my brother knew each other before this happened; and my brother informed me about a fortnight before they fought, that the prisoner had threatened to ill use him.

Mr. Garrow. Was you present when they fought? - I was.

Did you carry the challenge? - I did not.

What was the name of your brother's second? - Thomas Hickes , and Elias Wilkins was the bottle holder.

And they had a desperate right? - Yes.

Was it not your brother that proposed

to fight for a guinea? - No, it was the company with the prisoner.

And by an unfortunate blow death ensued: your brother got a blow on the jaw and so he died? - Yes.

Your brother had been in the hospital for a salivation? - Yes, he had been out about five weeks, and was a strong man at other times.

NOT GUILTY of murder,

But GUILTY of manslaughter .

Imprisoned in Newgate for three months .

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

Reference Number: t17891209-116

117. JAMES SETKIN otherwise SEKEN was indicted, for that he, on the 21st of November last, in the parish of St. Giles, in the Fields , did feloniously steal, two linen shirts, value 3 s. the property of James Cox .

JAMES COX sworn.

On the 21st of November, I was robbed of two shirts, of the value of about three shillings; my wife had been up stairs, and came down and told me she had been robbed: suspicion fell upon the prisoner, he having been up stairs two or three times; I went up stairs and accused him with it, and he denied it; I took him to the magistrates; they searched him and found some duplicates, although not mine, yet they led to my things, as he owned to the constable where he had left the duplicates belonging to my things, and shewed him where he put it; the constable's name is Elliott.

- ELLIOTT sworn.

I am a constable, the prisoner was delivered into my custody at the magistrate's, where was brought on some other things, and he told a person in the Court, whom he took aside, that he would disclose where the duplicates was; the person's name I know not.

Was there any promise made to the prisoner in case he would disclose where this property was? - Not to my knowledge, and on my coming up to him, he said, he would go along with me, and would shew me where it was; which he did, and went up with me, near St. Giles's Church, and went into a place like a necessary-house, where he put his hand up a hole in the wall, and pulled this duplicate out; (the duplicate produced.) It imports that the goods were pawned at Mr. Fear's, Little Poultney-street; I produced this duplicate to him, and he brought the things to the office in the evening.

ROBERT SIMSON sworn.

(Produces the things.)

I took these things in to pledge, on the 21st of November, of the prisoner at the bar.

(The things sworn to by Mr. Cox.)

PRISONER's DEFENCE.

I was promised if I would disclose where the things were, the indictment should be flawed, by Mr. Chapman.

ROBERT CHAPMAN sworn.

I did not hear what the prosecutor said to the prisoner, but I told him I should be glad he would tell where the things were, to clear my wife and me, as I lived in the same house; on that he said he would tell us, if we would come to the watch-house he would tell us; but I could not promise him any thing about flawing the indictment.

GUILTY , aged 20.

Transported for seven years .

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

Reference Number: t17891209-117

118. THOMAS TOPPING was indicted for that he, on the 10th of October last, did feloniously steal a pick-ax, value 2 s. and a copper pot, value 6 s. the property of Benjamin Bounce .

BENJAMIN BOUNCE sworn.

I am a carpenter at Isleworth ; on the 10th of October last, I missed a pick-ax and a copper pot; I went to James Lover 's at Isleworth; and there I found my pick-axe, and I discovered my copper pot at Richard Richardson's, at Brentford; and the persons who bought them, said they had them of the prisoner.

JAMES LOVER sworn.

I purchased the pick-ax of the prisoner at the bar.

(Deposed to by Mr. Bounce.)

I gave one shilling and sixpence for it.

RICHARD RICHARDSON sworn.

I bought this copper pot, and gave about sixpence a pound for it, but should not know the man again.

(The pot deposed to.)

Court to Mr. Lovel. At the time you bought the ax, did you see him with a pot; I did, and while he came in to me, he put it down at the window, and when he went out, took it away with him.

WILLIAM JEFFERIES sworn.

I saw a copper pot in the possession of the prisoner, between eleven and twelve o'clock, in the month of October, on a Saturday, about three yards from Richardson's shop, and was by the side of him, and saw him go into Mr. Richardson's shop.

GUILTY , aged 22.

Transported for seven years .

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

Reference Number: t17891209-118

119. CORNELIUS NORTON was indicted for feloniously stealing, on the 7th of November last, a piece of timber, called quartering, value 5 s. the goods of John Allanson .

JOHN ALLANSON sworn.

On Saturday, the 7th of November, about half past six in the evening, I lost a piece of timber, called Peterburgh plank, worth about three shillings; Mr. Day, a carpenter, sent to inform me that one of his men had robbed me of a piece of timber, which is the prisoner; I went; and Mr. Day and myself went to a house in Newton-street, there we saw it in a basement story of the house, locked up; in consequence, we went to Justice Walker's, and took out a warrant; and with two of his men brought it to his office in Hyde-street, Bloomsbury; we left it there, and went and apprehended the prisoner, at the Marlborough Arms: he was secured, and took to the office, and from thence to prison.

MICHAEL GLASGOW sworn.

As I was returning from my work, on the 7th of November, I overtook the prisoner with a piece of timber, resting upon a post; I thought it was my master's property; I am a servant to Mr. Day; I let the prisoner pass, and walked on behind him; and saw whom the man was, and knew whose timber it was; I followed him from there into Newton-street; he laid it down on the curb stone, and went down into a cellar, and spoke to a man, who came up immediately with him, and carried the quartering into the cellar; and then this Norton came up, and went about his business: I immediately went down the cellar, and told the man to keep that timber, and let nobody have it, for it was stolen; I immediately came up and told my master, who sent me to Mr. Allanson: I am sure it is the same timber,

because I put some marks on it, which are there now.

(The timber deposed to by Mr. Allanson.)

The prisoner called one witness to his character.

GUILTY, 10 d.

Privately Whipped .

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

Reference Number: t17891209-119

120. JAMES ASTON was indicted for feloniously stealing, on the 2d of November , in the parish of St. Mary-le-bone, a pair of corderoy breeches, value 4 s. a pair of leather half boots, value 12 s. a pair of knee buckles, value 2 d. two shillings, a sixpence, and twelve halfpence in money , the property of John Hardy .

JOHN HARDY sworn.

On the 2d of November, I lost out of my room, No. 9, Mary-le-bone-street , two shillings and sixpence, and six-pennyworth of halfpence; this money was taken out of my breeches pocket; besides which I lost a pair of corderoy breeches, not that in which the money was; a pair of half boots, and a pair of knee buckles; the prisoner lodged with me, and got up that morning, and went out, before the house was open; and was away till the first day of this month, when he came back with the breeches and half boots on; on which day he was taken, and carried before Justice Read; who made him pull them off, and delivered them to me, and they have been in my possession ever since.

(The goods produced and deposed to.)

JOHN RICHARDS sworn.

On the 2d of November last, John Hardy came to me to work, as usual, on Monday morning, and told me what he had lost, and that he had a suspicion of the man that slept with him: on the first day of this month I saw the prisoner coming for a waggon load of bricks, at the buildings where John Hardy worked, and I went and acquainted John Hardy ; who came, and found his breeches and half boots on.

GUILTY .

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

[Transportation. See summary.]

Reference Number: t17891209-120

121. JOHN FINCHAM was indicted for feloniously stealing, on the 29th of October , in the parish of Saint Margaret, Westminster , a clock dial, value 4 l. the goods of William Upham .

NOT GUILTY .

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

Reference Number: t17891209-121

122. ANN BURKE was indicted for feloniously stealing, on the 2d of November , in the parish of Saint Giles's, in the Fields, a silk handkerchief, value 6 d. a muslin apron, value 4 s. a linen shift, value 12 d. a pair of cotton stockings, value 6 d. a piece of linen cloth, value 2 d. the goods of Lawrence Kelly .

LAWRENCE KELLY sworn.

I live in Bulkely-street, Saint Giles's ; I am an housekeeper; the prisoner was

my servant when I lost the things, and continued till I took her up on suspicion of the robbery: I went on the 2d of November, and brought a constable, as I had before missed several things out of my bed chamber: and no one could have recourse to it but herself and mistress, that is my wife; and I could suspect no one but herself; and she acknowledged there were some of my things in her bed room, which she took out of my bed room; and on examining her box, which was in her room and which I desired the constable to open, there we found the silk handkerchief, which was mine; and the other things were found in the prisoner's room.

JOHN TAYLOR sworn.

I am a constable; these things, which the prosecutor claims as his property (the things produced and sworn to by the prosecutor) were found in the prisoner's room and box; and the aprons had been cut off, and the piece cut off had the prosecutor's mark.

MARY KELLY sworn.

Deposed to all the things being her husband's.

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

GUILTY , aged 18.

Privately Whipped .

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

Reference Number: t17891209-122

123. JOSEPH HILL was indicted for burglariously and feloniously breaking and entering the house of Henry Moses , in the night of the 8th of November , in the parish of Saint John's, Wapping , and feloniously stealing therein five new great coats, value 40 s. a pair of velveret breeches, value 10 s. a petticoat, value 5 s. a jean waistcoat, value 5 s. a pair of nankeen breeches, value 5 s. and a linen bed gown, value 2 s. the property of the aforesaid Henry Moses .

NOT GUILTY .

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

Reference Number: t17891209-123

124. ROBERT FOLKES was indicted for unlawfully uttering a bad shilling, knowing it to be counterfeit .

There being no evidence the prisoner was

ACQUITTED .

Tried by the London Jury before Mr. RECORDER.

Reference Number: s17891209-1

The trials being ended the Court proceeded to pass sentence as follows,

Received sentence of death, 26, viz.

John Adams , Ann Guest , Ann Yardley , Susannah Brown , John Happy , Michael Hoy , John Fletcher , Matthew Crutchfield , John Williams otherwise William Miller, William Williams otherwise Crew, John Mayo otherwise Charles Mortimer, Thomas Morgan , James Smith , John Shirley , Thomas Parsons , Elizabeth Bagnall , John Keys , James Mann , Ann Wicks , Owen Lyons , Ann Taylor , Elizabeth Wylie , William Moss , Lyon Hart , Emanuel Marks , Andrew Haike .

To be transported for seven years, 36, viz.

John Harrison otherwise Davis, Hannah Carlton , Margaret Holmes , Ann Hutchinson , Mary Hutchinson , George Woodward , Thomas Essex , William Clark , Solomon Isaacs , James Setkin alias Sekin, Thomas Topping , James Aston , Mary Vernon , Mary Russel , Mary Collins , John Thompson , James Stewart , John Sutherland , John Motley , William Lewis , Elizabeth Johnson , Samuel Cook , Robert Briggs , Robert Farrer , John Dowton , David Bevan , William Morris , James Stanton , Joseph Matthews , William Mounslow , James Lowder , Robert Pearson , Thomas Jones , Elizabeth M'Dougal , Elizabeth Welch , William Bellamy .

To be imprisoned twelve months, 1, viz.

Patrick Croxhall .

To be imprisoned six months, 7, viz.

John Robinson , Thomas Maltby , John Woodward , Ann Phillips , Mary Johnson , Elizabeth Duffin , Thomas Andrews .

To be imprisoned three months, 1, viz.

William Marriot alias Mayot.

To be whipped, 4, viz.

Richard Richardson , Lawrence Humphreys , John Howarth , George Barlow .

Reference Number: a17891209-1

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