Old Bailey Proceedings, 24th February 1790.
Reference Number: 17900224
Reference Number: f17900224-1

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 24th of FEBRUARY, 1790, and the following Days;

Being the THIRD 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 III. PART I.

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.

BEFORE the Right Honourable WILLIAM PICKETT , LORD MAYOR of the City of London; the Honourable Sir HENRY GOULD , one of the Justices of his Majesty's Court of Common Pleas; the Honourable Sir NASH GROSE , one of the Justices of his Majesty's Court of Kings Bench; the Honourable Sir ALEXANDER THOMPSON , one of the Barons of his Majesty's Court of Exchequer; JOHN WILLIAM ROSE , 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.

Stephen Ponder

James Turnbull

Robert Savage

Edward Parry

Richard Bennett

Martin Wilson

Thomas Allum

Thomas Thornton

John Rowley

John Griffiths

John Bye

John Rutt

First Middlesex Jury.

Joseph Hobbs

Thomas Powis

Edward Walbank

Isaac Smith

Joseph Paterson

John Scott

Thomas Price

William Rew

Joseph Sydenham

Joseph Simmons

William Johnson

Thomas Davis

Second Middlesex Jury.

Thomas Young

Christopher Ibberson

James Moor

Richard Ellerbeck

James Record

John Brewer

Samuel Baten

Joseph Griffiths

Edward Harris

John Ward

John Barker

William Tripps

Reference Number: t17900224-1

237. JAMES EAST and WILLIAM WILSON were indicted for burglariously and feloniously breaking and entering the dwelling-house of George Wood , about the hour of one in the night of the 22nd of January last, and burglariously stealing therein, two gallons and an half of brandy, value 30 s. two gallons and an half of rum,

value 20 s. four gallons and an half of anniseed, value 6 s. two gallons of peppermint, value 8 s. two gallons of cholick water, value 4 s. two gallons of bitters, value 8 s. two gallons of raspberry, value 8 s. seven casks, value 7 s. five china punch bowls, value 30 s. a basket, value 2 d. a piece of cloth, value 20 d. a muslin border of a cap, value 2 d. a linen towel, value 3 d. a lace, value a halfpenny, two silk and cotton laces, value 1 d. a piece of worsted binding, value a farthing, a copper farthing, value one farthing, a piece of tape, value 2 d. a shift sleeve, value 1 d. twelve shirt buttons, value one halfpenny, seven balls of worsted, value 1 d. one hundred and sixty-eight copper halfpence, and three hundred and thirty-six copper farthings, his property .

And MARY MACKAWAY and MARY LINTON were indicted for feloniously receiving, on the 23d day of January last, two gallons of rum, value 20 s. two gallons of bitters, value 4 s. two casks, value 2 s. and five china bowls, value 30 s. parcel of the said goods, knowing the same to have been stolen .

And ANN EAST was indicted for feloniously receiving, on the 23d of January , two gallons and a half of brandy, value 30 s. two gallons of peppermint, value 8 s. two gallons of raspberry, value 8 s. one gallon and an half of anniseed, value 6 s. four casks, value 4 s. parcel of the said goods, knowing the same to have been stolen .

And JANE WILSON was indicted for feloniously receiving, on the said 23d of January last, a piece of linen cloth, value 3 d. seven balls of worsted, value 1 d. a shift sleeve, value 2 d. two silk and cotton laces, value 1 d. a piece of tape, value 2 d. a piece of worsted binding, value one farthing, and twelve shirt buttons, value one halfpenny, part of the above goods, knowing the same to have been stolen .

The case was opened by Mr. Garrow.

(The witnesses examined apart.)

GEORGE WOOD sworn.

I keep the Black horse in Kingsland-road . I fastened up my house the night before it was broke open; the inside shutter of the bar is so heavy, that nobody can put it up but myself; it is a moveable shutter, takes up and down: there is a very good outside shutter, which I fastened also; there is a large bolt, and two bolts at the bottom; they were all fast: I was alarmed, to the best of my knowledge, at past two o'clock in the morning by the watchman: I came to the bar door, and found it was fast; I opened that door and went into the bar, and found the inside shutter of the bar window taken down, and reared against the bar door; I pushed it down when I unlocked my bar door: the outside shutter was broke all to pieces, and the sash of the window was thrown up; then I saw the hole in the wall, which I suppose they must have come through; there were four rows of bricks under the bar window taken away, four in heighth and six in length; that was plenty of room for a man to get in: the inside shutter had been taken down on the inside: that had not been forced. In the bar I found this burner of a street lamp; I found nothing else in my house; I found this street lamp with another burner in it outside of my window, missing from a lamp iron; after that I went and found a lamp directly near where these men lodged, which was about two hundred yards from my house: I missed six, and I believe seven, casks of different spirits, five china bowls, about seven shillings in halfpence, about seven shillings in farthings, one part of the farthings were in the work basket, the rest were in the till: I missed a work basket in which was a bit of tape, the string of my blue apron, which I knew: I gave information, and saw the man Wilson in Armstrong's custody: I went with the officers to Wilson's house, and there I saw Jane Wilson , who I understand to be Wilson's wife; the man Wilson was at his lodgings, and in his presence nothing was found: the wife said in his presence, that my linen, that he had taken, she had carried to a neighbour's house; I do not know their names; the woman went with me, and in the garden of that house I found

my things; I first found of mine the apron string wrapped round a bundle, then I found a piece of linen cloth, and a piece of cotton, and some sleeve buttons, and seven balls of worsted, and a piece of edging, and a great many other articles; Armstrong was present: I saw my casks of liquor in Armstrong's custody.

DANIEL WEBB sworn.

I live at the sign of the Gentleman and Porter, Kingsland-road, about two hundred and fifty yards from Mr. Wood's house. I have seen the two men prisoners, and Jane Wilson , and another woman, and a child, and there was William Leicester , the accomplice: I saw them at my house on the Friday before this burglary: Leicester was there I believe about two hours before the rest; then Wilson, and East, and the two women, and the child came in, and called for a pot of beer; they were in company together there, and drank together till half past eleven at night: in the course of this time East took a handkerchief out of Leicester's pocket; he was standing with his back to me, and his face to the company: I stepped to East, I said, young fellow if you will please to give them to Leicester, I will be obliged to you: they all went together about half past eleven, and in about a quarter of an hour the two women came in to my house with one of the King's Head pint pots, and had half a pint of gin put into it.

SAMUEL HANFIELD sworn.

I live in Shoreditch. I am a publican. I have seen the prisoners at my house the 23d of January, about nine; there were Leicester, and East, and two women; they asked me to buy some china bowls; I did not see them: they said there was some liquor to sell: I told them I had nothing at all to do with it; and they went away: I never asked them any thing, how they came by it.

JAMES SHAKESHAFT sworn.

I am an officer, attending the public office in Shoreditch. On Saturday the 23d of January, having information of one of the prisoners, I went to Whitecross-street, Playhouse-yard: on going along Golden-lane, to Mackaway's house, we saw the man prisoner, Wilson, Jane Wilson , and Mary Linton in company together; they were coming from the way to the house: we took them into custody: I believe nothing was found at Mackaway's: then afterwards Wilson and his wife took us to their lodgings, that Leicester had informed us that there was a crow and some linen at their lodgings; and we went there with Mr. Wood: the lodgings were at Haggerstone, about five hundred yards, facing Wood's, across the fields; when we got there the woman, Wilson, went to the closet and pulled out an iron crow; Armstrong has it; the crow was all over brick-dust and mortar, and has it on now; then Jane Wilson said the things were not there, but she would take us where they were: the man, Wilson, was present then, and when the crow was found: we all went to some gardens belonging to a neighbouring house, and there Jane Wilson took out these things in the presence of her husband: Armstrong found some other things: I was present when the prisoners, Wilson and East, were taken before the magistrate: we took East and Leicester together in a clothes shop.

JOHN ARMSTRONG sworn.

I produce a crow. I joined Shakeshaft soon after he took Leicester and East to the office; and in consequence of something that Leicester said, we went to Mackaway's, from there we went to Wilson's lodgings; and this crow was produced by Wilson's wife, in the presence of Wilson: I went with the rest to this garden, and we saw some things taken out of some mould, and these cags I found in the apartments of Ann East ; the man East was not present; the woman was there, and without her shoes: I found these things in the Back-lane, Bethnal-Green: me and Harpur went into the room, and the woman, East, was there: I looked under the bed, and I found nothing: and by the bolster, upon

the bed, covered by the bolster and a piece of the rug; they were laid length ways; I found nothing else at any place: I do not know that East, the man, lived there; I knew it was her's; but I did not know it was his; nor I do not know it now.

Prosecutor. Three of these casks I can safely swear to positively; and one I believe to be mine; here is my hand writing on the end of each, and a letter of the liquor: I wrote my name Wood, and M. for peppermint: here is the apron string which I am sure I tore off; and it tore off a little bit of the apron; it was torn in turning out a fat hog: I always mend my own clothes; I know them all: I know this piece of linen; it is very oddly cut at both corners; I had seen it before: this piece of cotton is a part of my wife's gown: and this linen sleeve is mine.

MARY WOOD sworn.

I know this piece of cotton; the same as the gown I have on: the sleeve is mine; I know it by the ravelling, and by a piece of tape on it: this apron string I know; and all these things are mine: I cannot speak to the casks.

Armstrong. The casks had liquor in as they have now; brandy, peppermint, and rasberry.

WILLIAM LISTER sworn.

On Friday night, the 22d of January, James East and William Wilson and me were drinking together at the Gentleman and Porter, which Webb keeps: we came out of there about half after eleven at night: the women were in company; but they went forwards: William Wilson and me and James East , went to East's house, about an hundred yards from the Black Horse, which was broke open; we staid there about half an hour or an hour: we went together to Mr. Wood's. East took a crow from his pocket, and broke a piece of the outside shutter of the bar window, and then put up his arm, and unbolted the bolt of the outside shutters, and broke a pane of glass, to hoist up the sash: Wilson broke the pane of glass, with the same crow; the sash was fastened so that we could not open it: East took the crow and made a hole through the wall, and got in through the hole underneath the frame, and took down the inside shutter of the bar window, and placed it against the bar door: he hoisted up the sash, and came out from the inside: we crossed the road all three together; we had no light: East got up the lamp post, and took the burner out alight: he came back to the window, and delivered the burner into my hand; and afterwards, East got in; nobody else: East took the burner out, and we all went together to another lamp, and took the glass and burner both alight: then we all came back to the window with the glass lamp, and the burner alight in it: East gave it into my hand, while he got in at the window; he handed out a small basket with some linen in, and tape and worsted; and then handed out the till with some halfpence: the halfpence were emptied into Wilson's pocket, and the till left the outside of the window: East came out of the window, and we all three took the things into the field facing the house: we moved them out of the field, up to Wilson's house: we only just rested in the field: Wilson's house was just across the field. The small trifle of linen was sold to Wilson's wife for eight-pence: we took the seven kegs of liquor down to one Lewis's in Hackney-road; Wilson's wife and Mary Linton brought the five china bowls down to Lewis's, in the morning: I was there then: afterwards, Wilson's wife and Mary Linton took each a cask apiece from Lewis's, and the five china bowls: Wilson's wife carried the bowls: I followed them down; they took them to the house of one Mr. Handfield; we were all in there together: East went backwards to Mr. Handfield, and asked him some questions which I do not know: we went to Handfield's to try to sell the goods: then East came back to us into the tap-room, and said that Mr. Handfield would have nothing to do with them: then we all came out together, and went from thence to Golden-lane, to the prisoner

Mackaway's; the two women brought each one cask and the five bowls away: we left the other two bowls at Lewis's: we all went into Mackaway's entry; and East and I took the two casks and the five bowls from the women, and left them at the door, and Wilson with them: we saw Mrs. Mackaway, and told her we had seven casks of liquor in the whole; she would say nothing to them; East and I left the two casks of liquor at Mrs. Mackaway's house, and sold the two bowls to her for four shillings; she told us to leave the two casks till the others were brought up at night: for she would give us no answer till her mother came from Woolwich: the five china bowls we sold to Mrs. Mackaway's daughter for four shillings; we left the two casks there; then we came out, and Wilson and his wife and Linton went one way, and East and me went another way: and in less than a quarter of an hour, going through Play-house-yard, East and me were taken: I was buying a pair of old shoes at a clothes shop: I have nothing to say against the woman Ann East ; she had nothing to do with this robbery: I cannot tell what became of the rest of the casks that were left at Lewis's: Lewis keeps a smith's shop in Hackney-road; they were put in an empty room before he was up in the morning; the door of which was open: I never was in East's apartments, nor do I know who lived there.

Jury. Whether when he was at Mackaway's it was an absolute sale, or was it a loan? - They were sold to her: East asked her five, and she would give but four.

Was not it a contract to bring the rest of the things? - No; she gave us four shillings for the five bowls; nothing else.

Shakeshaft. The bowls were never found.

Mr. Garrow. Nothing was found at Mackaway's.

PRISONER JAMES EAST 's DEFENCE.

I have this to say; Leicester came to my house about two o'clock, and he said, East, get up and let me in; I did so: he was much in liquor; I advised him to go to his lodgings; and I put on my clothes, and went to see him home at Lewis's; I crossed the road opposite Mr. Wood's house; and he said, I have some kegs of liquor laying here; I will be obliged to you to let me leave them at your house? I said I would not; he said he bought them of a smuggler; and Wilson and him agreed to take them to Wilson's house.

PRISONER WILLIAM WILSON 's DEFENCE.

Leicester came and knocked at my door, when me and my wife were in bed; I would not get up to let him in; he told me I might as well; then he said he had some things; he would not tell me where he got them; and he asked me to let them be at my house? I said, no.

MARY MACKAWAY 's DEFENCE.

I know nothing of the things.

Mr. Keys. My lord, I am for her: there is no confirmation of the evidence of the accomplice.

Court. That is matter for the jury.

MARY LINTON 's and ANN EAST's DEFENCE.

We know nothing about it.

The prisoner Mackaway called three witnesses to her character.

JAMES EAST (Aged 28) WILLIAM WILSON (Aged 19)

GUILTY , Death .

MARY LINTON (Aged 20) ANN EAST (Aged 17) -

GUILTY ,

Transported for fourteen years .

MARY MACKAWAY JANE WILSON -

NOT GUILTY .

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

Reference Number: t17900224-2

238. JAMES BATH was indicted for feloniously assaulting Robert Hall on the 14th of February last, on the king's highway, and putting him in fear, and feloniously taking from his person, and against

his will, one man's hat, value 1 s. 6 d. one silk hatband, value 1 d. one steel buckle, value 1 d. his property .

ROBERT HALL sworn.

I was coming down Drury-lane, about a quarter before two, on Friday morning, the 14th of February. On the top of Parker's-lane , I met the prisoner at the bar, and two more; I came up just abreast of them; as soon as I came up, one of them knocked me down with his fist; not the prisoner at the bar; I jumped up and catched hold of him that knocked me down, by the coat; then the prisoner at the bar, and the other, ran away: he wrenched himself from me; I ran after him, and caught him about ten yards off the man who knocked me down; then the prisoner at the bar, and one other of them, came up and struck me with a bludgeon across the head, several violent blows: they had both bludgeons; in consequence of which, I was obliged to let go the man; and instantly my hat was taken off my head after I was struck; I did not know by which; but I saw it in the prisoner's hand; I caught hold of it, and then two of them got hold of it; another with the prisoner; and took and dragged me down the street for twenty yards by the hat, I having hold of it all the time; and they tried to drag me into a house in Parker's-lane.

Was it in Drury-lane, or in Parker's-lane, when you had hold of the man the second time? - I cannot positively say; it was just at the corner.

Was that a public-house? - No.

Was the door open? - Yes; and I got up one or two of the steps; there are three steps into it: I received then one or two blows on the head and arm with bludgeons; and the prisoner was then one that struck me; then I let my hat go; I ran as fast as possible back again; and they all rushed out after me to catch me, after I was about three houses from them; and as soon as they caught me, one of them drew a cutlass; not one of the first that struck me; there were seven or eight then pursued me; I did not see where the rest of the men came from; and he pushed it at me twice; and I fell down, and said to him, lord, have mercy on me; then the prisoner at the bar and two or three others, struck me ten or twelve times over the head, sides, and legs, with bludgeons; and having done, they all ran down Parker's-lane. The patrols came immediately, and picked me off the ground, and took me to the watch-house: in about an hour after, the prisoner at the bar was brought in.

Where had you been? - To Silver-street, Golden-square.

What kept you so late? - I waited for to go home with a man to Fish-street-hill, as I had let a man have my bed, who came out of the country: I lodge in Silver-street; and the person came with me as far as Brownlow-street; he told me he would overtake me: George Law is his name; and I did not again see him, till I saw him in the watch-house; it was his room I was going to: I was perfectly sober; I did not drink the whole of a pot of beer, not being perfectly well; it was a light night; and when the prisoner met me first, it was close to the lamps; nothing was said to me before I was knocked down; but, in Parker's-lane, one of them said, go it; but I cannot tell which.

Was any thing said to you, when they had hold of you the second time? - It was at that time they said go it.

You had not seen any of these men before, to know them? - Yes; because he had hold of my hat all down the lane; and I took particular notice of the prisoner's face.

How long did the whole of this take? - Not above five or six minutes.

Was that lane well lighted? - There are lights at the corner of the lane: I was not positive, till he came up to me with a bludgeon the second time.

Where was this? - Just at the corner of Parker's-lane.

Were the lamps there? - Yes.

Will you now venture to swear that this prisoner at the bar was one of the men? -

I am very sure that the prisoner at the bar is the first that struck me with the bludgeon.

Court. How soon after you was taken to the watch-house, was the prisoner brought in? - About three quarters of an hour; they were cleaning me, for I was very bloody from top to toe.

How long was it before you was picked up, after they left you? - When the patrol came and picked me up, the prisoner and the others had not gone half a moment; they ran off, some people coming down the lane.

Are the persons here, who brought you in? - Yes; I have still marks of the blows about me: I am a baker .

Had you described the dress, or the persons who first assaulted you, to any one? - Yes; I had, to the people who came up to me; the other two men had two great coats on, with dark rows of plated metal buttons; and the prisoner had got a close buttoned coat on, buttoned half way up.

Did you ever see your hat again? - No.

Did you immediately know the prisoner, or was you some time recollecting him? - I immediately knew the prisoner as soon as he was brought in.

This was on Sunday morning: what was done with the prisoner afterwards? - On Monday morning I made shift to go up to Justice Walker's, and the prisoner was examined, and I swore to him; there were three more taken with the prisoner, and brought into the watch-house, but I could not swear to any but the prisoner.

JEREMIAH HODGES sworn.

I am an officer; constable of the night: when this affair happened, the 14th of February, there came into the watch-house many strangers (none of them are here as I know of) with the prosecutor in a very bloody condition, very much cut and wounded. While rendering the prosecutor all the assistance -

Before this, had the prosecutor given any description of the people? - None that I recollect. The prisoner was brought in with some more; they were brought in for a riot. What the prisoner was brought in for, I am not certain; but he was with the other three in the public-house: the prosecutor got up, and declared the prisoner at the bar was one of the men that cut and wounded him.

Then the prosecutor fixed on this man as one? - Yes.

The charge against him, being that of the riot in Holborn? - Yes; he had drab-coloured clothes on, and his hair very much over his eyes; he had no signs of blood about him: the prosecutor said that the prisoner was the first that knocked him down with a bludgeon or stick: and he mentioned he struggled with him for his hat. I in consequence took care of him till Monday morning, when he changed his clothes, and had his hair cut, his hair was so much over his eyes; what is called by the appellation of the Tyburn-top.

Did the prosecutor offer to know any thing of the other persons? - None of them there: the prosecutor did not speak to any but the prisoner; and of him he never expressed any doubt, or in the least hesitated.

HUGH GARROL sworn.

I am a watchman in Holborn. On the 13th of this month, Sunday morning, about half past two, or thereabouts, I was in my box in Smart's-buildings in Holborn: I heard a rattle spring below Little Queen-street; I went up: and when I stood there, a man said that there was a man taken to my watch-house half murdered: and for some reason or other, I apprehended the prisoner at the door of the Pilgrim in Holborn, below Little Queen-street; I took him out of the crowd; and three more watchmen followed me, each with a man out of this crowd; we brought them into the watch-house; after that, this prosecutor looked round at all; and he pointed to that man; and said that man struck him with the bludgeon; he was not desired by any person to look at him to my knowledge: I lays hold of him, and says, is there any other man here you can pitch

upon? he said, no: the constable then took charge of him. On Monday morning, I conducted the prisoner from the watch-house to the justice's; the prisoner's dress was then altered: at night, he was dressed in a drab close coat; and on Monday morning it was changed.

PRISONER's DEFENCE.

I was going home about eleven o'clock: and going home; I went home and knocked at the door; and I could not make any body hear; and I went and had a pint of beer at the Falcon and Castle, Holborn: I had not been in, I believe, five minutes, before there was a trow at the door; I heard the noise, and ran out, as you might have done, Sir; I running out, I was close by the door; there was a parcel of watchmen standing by the door got hold of three men; they took hold of me with these three men; they took me to the watch-house; I had been in about ten minutes; the prosecutor taps me on the shoulder; he says, you are the man that cut me: I makes answer to him, me the man cut you! I never see you to night, that I know of; he makes answer to me, you cut me in Drury-lane! I makes answer, I cut you in Drury-lane; I have not been in Drury-lane to night; immediately he swore to me; and I was taken down in the book, and put backwards: on Monday morning he come to me at the watch-house, and says, if you will tell me you are the man that struck me, I will forgive you. I immediately said, I cannot tell you a thing I know nothing about; then I was fully committed, and sent down to Bridewell; I went to Bridewell: the next day he comes down to me with my mother, and says to me, I believe you are not the man; if you will give me half a guinea, I will file no bill against you; I immediately said, I have not got half a guinea in the world; do you think I would go to give you half a guinea for a thing I know nothing about; I had a long discourse with him; he asked me, Jem, will you eat any thing? I immediately said, no, I have had my dinner; he said, can you drink any thing? says I, I can drink a little drop of beer; he calls for a pot first, and then after that was out, he called for another: he says to my mother, good woman, I will not prosecute your son, for I do not think he is the person: my mother cried, and begged he would not prosecute me at all; and he said, he would not: he says to me, Jem, if you want any thing to eat or drink, send up to the Coach and Horses, in Silver-street, Golden-square; I says, I am very much obliged to you, Sir, and if you have got an old sack, for I lay very cold, I will be much obliged to you to send me one down; he said he would send me one down the next day; he did not send one, nor have I ever seen him since.

Court to Hall. After you had spoken to the prisoner as being one of those who had knocked you down, when you saw him at the watch-house: did you in the morning say to him, if you will tell me you was the man that struck me, I will forgive you? - No, I never spoke to that effect: I saw him the next morning in the watch-house, but he was one side of the watch-house, and I of the other: I never spoke a word to him that time, till at the justices.

Court. Did you see him after he was committed to Bridewell? - Not before Thursday; on that day his mother had been to my cousin, and begged me to go to him, and hear what he had to say in Bridewell, which I did.

Court. Did you then say, or any other time to the prisoner, that you believed he was not one of the men? - No, I did not, I never said any thing like it; I told him this, you know you are the person, and if you will tell me who was the man who drew the cutlass, it may be better for you; that was what I said.

Court. Did you say any thing to him about his giving you half a guinea on the business? - No, nothing like it.

Court. Or say that you would not prefer any bill against him? - No, I did not.

Court. Did you drink together in any

way? - His mother sent for a pot of beer, and paid for it; I believe I did not; I drank once of it.

Court. You never gave any sort of assurance you would not prosecute him? - No, I did not.

Court. Was there any talk of supplying him with meat or drink? - No, I said nothing about it.

Court. You said you told him, you knew he was one of the men, of the three, and if he would tell you who drew the cutlass, it might be better for him; what answer did he make to that? - He did not know who it was.

Court. The persons are not here who took you to the watch-house? - They were strangers to me: I know not who they were, only I know there was some watchmen.

GUILTY , DEATH . Aged 21.

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

Reference Number: t17900224-3

239. HENRY MESSENGER was indicted for stealing, on the 9th of February , a firkin of butter, containing 56 lb weight, value 36 s. a wooden firkin, value 3 d. the property of Henry Parnell .

HENRY PARNELL sworn.

I live in Chiswell-street . On the 9th of February I lost a firkin of butter, containing 56 lb; I missed it about five in the evening, out of my shop, very near the door, on the inside: I had seen the firkin there about five minutes; I do not recollect seeing the prisoner; my young man pursued him, William Irons ; he was first: the prisoner ran away: my young man pursued him, and I took up the butter, which lay on the ground: my young man brought him up in about ten minutes: it was not light enough for me to distinguish whether the man, my young man brought back, was the same: the prisoner denied being the person that took the butter: I sent for a constable, and took him into custody: I brought him back to my shop: this is the firkin which I picked up, and which I saw the man that Irons brought back, drop: it was marked with a P. in my presence.

WILLIAM IRONS sworn.

I am servant to the prosecutor. A girl gave an alarm that a man had stolen a firkin of butter: I saw a man walking very fast; I ran across the way, and collared him: he threw down the firkin of butter, and struck me: I ran after him about two hundred yards: another person took him: I never lost sight of him.

(Deposes to the firkin.)

PRISONER's DEFENCE.

I was coming from Bishopsgate-street, on the 9th of February; and the firkin of butter was pitched on a block, at a sadler's door, and a young man was standing by it; and he asked me to carry it, and he would satisfy me; and I carried it as far, very near, as Bunhill-row; and this young man laid hold of me: and the man that asked me to carry it ran away directly: I never was in the shop, nor near the shop, in my life.

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

GUILTY .

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

[Transportation. See summary.]

Reference Number: t17900224-4

240. JAMES RANDALL was indicted for stealing, on the 25th day of January last, one silver tea spoon, value 1 s. three brass candlesticks, value 2 s. 6 d. nineteen halfpence, and three farthings , the property of Thomas Cannon .

WILLIAM ROSS sworn.

I am servant to Mr. Thomas Cannon ; he is a publican ; he lost the things in the indictment, two or three months back: he lives in Bishopsgate-street : the things were lost in the house: I had seen them before, a day or two: the silver spoon was missed on Sunday morning, the 24th of January; they were lost out of a place where the servants dine, next to the tap room: we do

not know that he took them, only by his own confession: I heard him confess it upon telling him he should be cleared.

SAMUEL FORTY sworn.

The prisoner used the house a good while: we always took him to be an honest man: I watched; and several things were missing; and three candlesticks and two tea spoons were missing; I cannot say to the day; I believe it was on a Monday morning; he was left in trust of the bar while my fellow servant went up the yard: I found nothing about him: he owned to the candlestick; a gentleman promised him; they said they would clear him.

THOMAS GRIMES sworn.

I took him in custody. I received this spoon, which was found under the bench, in the tap-room, by his confession, on a promise of Mr. Cannon of forgiveness.

NOT GUILTY .

Tried by the London Jury before Mr. Justice GROSE.

Reference Number: t17900224-5

241. GEORGE WILLIAM BARBOR was indicted for stealing, on the 14th of November last, one mathematical instrument, called a quadrant, value 50 s. one thermometer, value 8 s. one cloth coat, value 19 s. one linen handkerchief, value 1 s. the property of Thomas Barnett .

(The witnesses examined separate.)

THOMAS BARNETT sworn.

I live No. 61, Great Tower-street: I keep a shop in the mathematical instrument business ; I am a maker. I lost a quadrant and a thermometer, on the 14th of November, about noon; the prisoner came into my shop, and asked me how I did, in a very free way; I did not know him; I told him so; he asked me if I did not know Captain Williamson, of the Polly, in the Lisbon trade? I said, I knew him very well; he said he was his son, and asked me to clean and repair a quadrant which he had on board; I said, I would: he said he was going to Fish-street-hill, to see a captain, and he asked me to let him have a quadrant with him, and a weather glass; I asked him which? he said a thermometer; he wished to have two sent with him, for the captain to chuse: my wife came into the shop; he asked her in a very hearty way, how she did, and was glad to see her; and asked her if she liked ship beef? she said, she could not say but she did, if it was good; and he desired the boy might be sent with him, with the instruments for the captain to look at, and he would send her some ship beef; I saw him go backwards to the kitchen, to my wife; my wife came and told me he wanted the boy to have a great coat on, and an handkerchief; the boy had no great coat; I said put him on a close coat of mine; which he had put on, with a handkerchief of mine. I gave the boy a quadrant and two thermometers.

Prisoner. Was I drunk or sober? - Between both.

Did not you speak to me first? - I did.

WILLIAM TUCK sworn.

I am going in sixteen. I live with Mr. Barnett: I remember the prisoner being at our house on the 14th of November; that was on a Saturday. The prisoner desired my master to go with him; I do not know for what purpose; my master said he was busy, and could not; and he told him I should go with him: I did not know where I was to go; the prisoner took me to the water side, and hired a boat; and when we got some distance from the stairs, the prisoner asked me if I had some halfpence in my pocket; I said, I had not; then he asked the waterman to trust him till he came again; he said, he could not; then he said he must have something in hand: then he said he would be down in a few minutes: the waterman said, cannot I go to your father's with you? he said, no, his father would be angry at so many coming: the waterman told him, he must have something in hand first; and the prisoner asked him if he would have his

watch? the waterman said, yes, he did not care what it was, so as it was worth the ferry over; so he stood up in the boat and took hold of the chain of his watch, and did not offer to pull it out, and he sat down again; and when we came on the other side of the water, he bid me get out, and go on, and he would follow me; I got out: and the waterman got out of the boat immediately and would not let him go unless he had something in hand; but the prisoner got out and told the waterman he had a chest to be carried over to Iron-gate, and he should return in a few minutes; the waterman still said he must have something in hand till he returned again; then the prisoner called to me, and told me to stop; and he took one of the small weather glasses, the thermometer, from under my arm, to give to the waterman; and he told me he took the number of the boat, and knew the waterman very well.

Court. Did he take the thermometer by your consent? - Yes; he told me to follow him; and he took me into a publick-house, in Tooley-street ; he came out of that immediately; he went into the Green Man, and bid me not speak a word, because it was a smuggling house; and he asked me for my great coat, which was to bring a bit of beef in; I let him have it; and he wrapped the quadrant and the other weather glass in it; he took them both from me; then when he took the coat, I did not know but he was very well acquainted with my master. He took the thermometer and coat from under my arm, and he told me to wait a few minutes, and he should return: he took the things and went out of the publick-house; when he got past the window I went out to see which way he went, and lost sight of him, and did not see him till the 15th of January following, about four in the afternoon, in East Smithfield: I met him, and followed him; and he went into the Cock alehouse, Cock-alley, East Smithfield; I waited two minutes, and he did not come out; and I went home to my master's, and got our young man to go with me: he was coming out as we got there; we followed him; he saw us, and ran into a stable, in White's-yard, Rosemary-lane; the young man took him there; he got away several times; he was very obstropulous: nobody came to assist: he got away from the young man; I followed him, and laid hold of him several times; and he got away; at last we got a constable, and took him; just opposite Well-street, a constable lived: I do not recollect what I said to him: the young man, Thomas Cannon , spoke to him.

Prisoner. Did not your master tell you to let me have the things to shew the person? - No, no such thing; my master told me to let you have the coat to get the beef. You took the quadrant from under my arm, and I did not offer to resist at all.

ABRAHAM FOSTER sworn.

On the 14th of November I took in this thermometer, of the prisoner. I live No. 91, Houndsditch; I am a pawnbroker: it was between twelve and one in the morning; nothing else: we had it in out custody for two shillings; it was broke; he said it was his own property; the gentleman that owned it came to our house, to the best of my remembrance, the 15th of January.

THOMAS CANNON sworn.

I lived with Mr. Barnett on this 14th of November: I never saw the prisoner till the 15th of January, Tuck was sent out, and came back and called me to assist him in taking the prisoner, as he had had a sight of him; I went with him to Cock-alley, and just as we got to the door, he was coming out; then we followed him up several dirty avenues, up Salt Petre Bank; and at last he suspected us, and ran into a stable; I lost sight of him, and went into the stable, and he was close against the side of a horse; I charged him with the robbery, but he denied it; I apprehended him; I told him if he would go with me quietly to Mr. Barnett, and give him satisfaction; first he agreed he would -

Court. Did you mention Mr. Barnett's name? - Yes, he said he did not know Mr. Barnett, or Tower-street; he asked who Mr. Barnett was, but he agreed to go with me: he pretended to know nothing of the matter: I caught him by the collar, and then he said he wanted to go home and see his wife and family first; I told him he should, if he would go with me afterwards; then he began to struggle in Rosemary-lane, and knocked my hat off; and while I was stooping he got clear from me, and the boy pursued him, and got him by the collar; he beat the boy several times and he got clear from the boy, and a butcher's servant knocked him down; I told him the case; nobody else offered to assist; then Abrahams, the constable, came up; he lodged there, and was looking out of window; he took him into custody.

Prisoner. Was I drunk or sober? - I imagine he was about half.

Did not you use me ill, and knock me down? - I did not use him ill, any further than tearing some of his clothes off.

BENJAMIN ABRAHAMS sworn.

I am a constable: I took the prisoner the 15th of January: he offered to pay for the weather glasses not to prosecute him.

(The thermometer deposed to.)

PRISONER's DEFENCE.

I came on shore, and went into this shop; I was going on board again; and I told the prosecutor so, and he let me have the things; he sent them by the boy, and the boy gave them to me to carry to shew, by his master's consent; I left him at a publick-house; and I was so much in liquor, I could not find the house again; when I returned I laid down, and somebody stole my watch. It is necessary for a seaman always to get a drop of liquor, when he has done his business: they used me very ill, and tore my clothes. I have been at sea twenty-seven years, and never offended; I was five years in Turkey, and in 1776 in the American war; at the latter end of the war I was taken prisoner, and brought into Martinico prison, and laid two years there. My lord, the lenity I have shewn to my country, I expect that lenity will be shewn to me now by this honourable court.

GUILTY .

Tried by the London Jury before Mr. Justice GROSE.

[Transportation. See summary.]

Reference Number: t17900224-6

242. JAMES ROUS was indicted for feloniously stealing, on the 4th of February , in the parish of St. Mary Le Strand , twenty-three pounds of lead, value 20 d. the goods of George Todd .

GEORGE TODD sworn.

I am a plumber and glazier : the prisoner was my servant ; I lost a quantity of lead; he was employed by me as a labourer; on the morning of the 4th of this month, Thursday, I set him to work in a shop behind; soon after, I let the rest of the men out of doors; after that, I desired the beadle of the parish to be near my street-door, to watch which way he should go to breakfast. I was then several times in the shop where the prisoner was employed; and before I went to breakfast, I noticed that very piece of lead was in its proper place; and between the time of my being in the shop, and his leaving the shop to go to breakfast, he was there alone; and I saw that no one could go where I breakfasted. When I had finished my breakfast, I seated myself in the yard; soon after the clock struck, he came down the stairs of the shop next the yard, and went along the passage towards the street-door; the yard is between the back part of the shop door, and the front of the house. I then ran up into the shop, and missed a piece of lead from the work-shop where he had been; I then desired Mr. Nicholls to follow him, which he did; soon after, he returned, and went along the passage; and I followed him close: he then attempted to go up the stairs into the upper shop; I laid hold of the skirt of his coat, and pulled

him back; and I saw a piece of lead fall, I suppose from under his waistcoat, which piece of lead was marked with my instrument. I afterwards had him conveyed before a magistrate, from whence he was fully committed.

Was that piece of lead the only piece you missed? - Yes, at that time; I gave this piece of lead to Mr. Nicholls.

SAMUEL NICHOLLS sworn.

I am a beadle of the parish; I stood at the street-door and watched the prisoner; there is but one door belonging to the house; I saw the man come out, and followed him into Holywell-street; he was surprised; and I laid hold of him by the shoulder; I followed him back to the door, and he went back to his master.

PRISONER's DEFENCE.

I took this not with an intent to steal, but to stamp some button-holes upon my gaiters; and in going back, which I did directly, as I was told, in my flurry, I dropped the lead: if my master had been in the way, I should have asked him to have taken it for the same use.

JOSEPH ASHER sworn.

I am a serjeant in the Coldstream regiment: he hath been in it fifteen years; he is a very good soldier; and if he is not publickly whipped, we shall not discharge him, as I never knew any dishonesty of the prisoner in my life-time.

The prisoner likewise called another witness who gave him a good character.

GUILTY (Aged 37.)

Confined in Newgate one week , and fined 1 s.

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17900224-7

243. GEORGE JONES and GEORGE OLIVER were indicted for feloniously stealing, on the 18th of February , in the parish of Tottenham , two linen shirts, value 2 s. and three yards and a half of linen cloth, value 3 s. the goods of William Balam .

WILLIAM BALAM sworn.

I am a black-smith ; on the 18th of February, last Thursday week, I lost two shirts, and three yards and a half of linen cloth; I did not see the prisoners take them.

EDWARD KULLER sworn.

I am a horse-patrol: on the evening Mr. Balam was robbed, a young man came up to me on the road, and asked me if I had seen two such lads as he described; about a quarter before eight, I met these two lads on the road, and asked them where they had been; George Jones told me they had been to Edmonton, at the Golden Lion, to see an uncle; I asked him if he had not got a bundle; this was on the Stamford-road, about three quarters of a mile from Stamford-hill; and I found that apron wrapped round with a piece of cloth; I then asked if he had any thing else? he said, no; I then took hold of their collars, and found each had two shirts apiece on, a clean one over their own; I then took them to a public-house, and told them to strip, which they did: and I gave the constable charge of them, and they were put into the cage.

(The things produced and deposed to by Mr. Balam.)

JAMES HERVEY sworn.

I work with Mr. Balam; I had observed these two boys sauntering about the house, about the hour of four in the afternoon; and about five or six, when the alarm came in, I said to my master, I think it must be those two boys that I had seen lurking about the shop; and that it was best to alarm the watch all the way to London, as they appeared London boys; and in doing this, I got before them; and in coming back, heard they were taken.

PRISONER JONES's DEFENCE.

I met this boy, and he asked me where I was going, and said he had picked up a

bundle, and did not know what was in it; and he gave me one of the shirts.

PRISONER OLIVER's DEFENCE.

I was coming from Edmonton, and picked up this bundle; and this boy asked me to have a shirt.

BOTH GUILTY ,

Publicly Whipped .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17900224-8

244. SUSANNAH BRUSH was indicted for feloniously stealing, on the 4th of February , in the parish of St. James, Westminster, two linen shirts, value 5 s. the goods of Elizabeth Hall .

ELIZABETH HALL sworn.

I live at No. 30, German-street : on the 4th of February, I was in the wash-house, and employed the prisoner as a washerwoman , at two shillings and six-pence a day; I stood close by her in the wash-house, and she took two shirts out of the clothes-basket; one was mine, and the other was one I was entrusted with: this was between two and three in the afternoon; when she went out of the wash-house, I missed them; I never saw the shirts, till I saw the officer who took her: the officer came to me immediately.

CHARLES ELLIOT sworn.

I am an officer of Litchfield-street; on the 4th of this month, I was coming through Piccadilly; I saw the prisoner with a man, and had got these two shirts with a man; I listened to hear what she was going to do with them; I asked her what she was going to do with them? she said, what was that to me; I then brought her up to the office: she told me where she lodged, from whence I learned where she had been to work: I carried the shirts with me to the prosecutrix: the woman had a hearing, and was committed; they have been in my possession ever since.

(The shirts produced and deposed to.)

PRISONER's DEFENCE.

I was very much in liquor when I did it.

GUILTY (Aged 31)

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

Reference Number: t17900224-9

245. JOHN CASEY was indicted for feloniously stealing, on the 19th of February , in the parish of St. Ann, Westminster, three woollen blankets, value 10 s. one woollen rug, value 10 s. two pieces of cotton, value 5 s. and a man's cloth coat, value 5 s. the goods of Thomas Clarke .

THOMAS CLARKE sworn.

I live in King-street, St. Ann's : I am a silk dyer and callico glazier . Last Friday, a little after one o'clock, I left my house; and at my return home, I was alarmed by my shop being robbed; I missed several things, which are in the indictment; the prisoner was my hired servant : I went to the prisoner's lodgings, which were at his mother's; he was gone out to dinner, before I left the shop; I searched his lodgings, and found nothing; on the next day, I received a message from him at Whitechapel; I went to him; he was in the round-house; from which, he was taken before Justice Staples, and committed. Braybroke had my property at the office; I had seen them in my shop just before I went out, particularly the blankets, rug, and two pieces of cotton; they were all clean; the cotton was to be glazed, and the coat was to be cleaned and scoured.

Mr. Garrow, Prisoner's Counsel. How long hath he lived with you? - About three weeks.

He had been used to carry out goods by your order and other persons? - On that very day I sent him out with four blankets, which he pawned.

- BRAYBROKE sworn.

I keep a public-house in Whitechapel; about four in the afternoon, this day week,

the prisoner at the bar came in a coach to my door, and stopt; I went out to see who it was; and an oldish man opened the door outside of the coach; and the prisoner at the bar seemed asleep in the coach; as far as I know, by himself; and he came into my kitchen, and asked for a pint of beer; I told him to walk into the tap-room; he said he would have a pint of beer in the kitchen, or he would go somewhere else: I told him to go about his business, as he was very much in liquor; he then went to the coach door, and the bundle was pulled out of the coach; which I did not see when he first got out; there was two, one small one, and this here, and a piece of linen; I felt of it, and found it a little damp; I asked him how he came by it; he bid me ask his a - , by which I suspected him; and told him, if he would send for his master, he should have the things again; I then laid hold of him; and he was a little obstropulous, and wanted to get away; with that, I gave charge of him to Joseph Nash , to aid and assist me; and sent my boy to the rotation-office to give notice: he had an hearing the next day; he was sent to the watch-house; and I had the care of the bundles till the next day, when some were taken away by the master; and I kept the rest in my custody. His master came down the next day to the rotation-office; he told me his master was his brother.

Mr. Garrow. Was this man sober? - No; very much in liquor.

Was there any body else with him? - A man of the name of Davis.

JOSEPH NASH sworn.

Mr. Braybroke sent for me from the office to assist him: I secured John Casey , with the assistance of Mr. Taylor, who was in the house.

DAVID TAYLOR sworn.

I know nothing farther than assisting the officer in securing John Casey .

STEPHEN CALLAGIN sworn.

I manage business for Mr. Clarke; I saw the blanket in the shop at one o'clock, the time I usually go to dinner, and the rug; the piece of cotton I helped him to fold in the morning of that day: the prisoner is employed in the glazing part of the business; and the coat I had put stuff on to take the powder off the neck and collar.

- NORMANTON sworn.

I was fourteen years old last Thursday, I am Mr. Clarke's apprentice: the prisoner returned from dinner a little before two; he came back as from dinner, and told me he was going to Kensington, and asked me what No. he was to go to with the three blankets and rug I told him, No. 3 (they were brought from there); and that he was not to go before the foreman came in, because there were more things to go that way; he said he must go; I did not see him go, or take the rug, or see any coach; but I found he was gone.

(The things produced and deposed to.)

PRISONER's DEFENCE.

I had been out with different parcels before in the morning; and I understood that when I returned, I was to go with this parcel; I then took these blankets all folded up, not knowing what they were; and drinking too much, and not knowing what I was doing, I called a coach, and told him, as far as I can recollect, to drive home to my master's house; instead of that, he drove me to Whitechapel, where I had never been before.

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

GUILTY (Aged 19.)

Transported for seven years .

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

Reference Number: t17900224-10

246. SUSANNAH BRIDGEN was indicted for feloniously assaulting Susannah,

wife of Thomas Sessions , on the king's highway, on the 18th of January last, and putting her in fear, and feloniously taking from her person, and against her will, a piece of foreign silver coin, called a dollar, value 4 s. 6 d. another piece, called a bit, value 2 d. a counterfeit shilling, value 1 d. a piece of copper, called an Anglesey halfpenny, value one halfpenny, two six-pences and two half crowns, the property of the said Thomas .

SUSANNAH SESSIONS sworn.

I am wife of Thomas Sessions : I was going up St. James's-street on the Queen's birth-day, the 18th of January, a little after four in the afternoon; it was quite light; I found something press me very heavy on my left side, crouded and pushing; I found a hand in my pocket; and I turned, and saw the prisoner over my shoulder with her hand in my pocket; and my pocket-hole being narrow, she got it out with difficulty: I put my hand in my pocket, and found myself robbed: the first thing I missed out of my pocket, being the largest, was a Spanish dollar; I immediately said to the gentleman that was with me, Sir, I am robbed again; I had been robbed in the other pocket about ten minutes before: I searched my pocket, and found the things were gone, mentioned in the indictment: I saw the prisoner taken up and searched.

JOHN COOKSLEY sworn.

I was with Mrs. Sessions at this time; she told me she had her pocket picked; and a lady behind (who is not here) said it was the prisoner; I was in company with her also, when she was robbed the first time; I was about ten yards behind Mrs. Sessions, when she said she had her pocket picked the second time; I said it was impossible; she said she was sure of it, for that woman (the prisoner) had picked her left hand pocket: I immediately laid hold of the prisoner, and never quitted her till we got a constable; we took her up a street with intent to search her, but had no opportunity; we gave her to a constable, and I let go her hand; and then she dropped some money, which the constable picked up; and also six-pence, which I picked up; I am certain it could not fall from any body else, I was so near her; she was taken to the Brown Bear, and searched; and there were some more money found on her, and some thimbles.

PETER THOMAS sworn.

I am one of the patrols that was on duty that day: about ten minutes after four, I was coming down St. James's-street; and I assisted in taking the prisoner into custody, by desire of this gentleman and Mrs. Sessions; I went up St. James's-place to look for a public-house, to search the prisoner; we kept her arms fast; and as she came to Little King-street, Mr. Cooksley quitted her right arm; and I saw something drop from her; halloo! says I, and I fell on my knees directly; and these pieces were on the ground, one dollar, and half a pistorin, which Mr. Sessions remarked before she saw it, had a bit out, and so there is; an Anglesea halfpenny, a halfpenny marked S. W. on one side, and Watson on the other; a bad shilling which was cankered, and six-pence; I searched the prisoner afterwards, and found twenty-four shillings and some halfpence and thimbles.

(The things deposed to: particularly the half pistorin, the bad shilling, the Anglesea halfpenny, and the dump halfpenny.

This woman did not speak to you before? - No.

Nor she did not attack you, or commit any violence on you? - No; I suspected nothing, till I found her hand in my pocket.

PRISONER's DEFENCE.

I am quite innocent; I had nothing about me, but my own property.

The prisoner called one witness to her character.

GUILTY, 10 d.

Not violently from the person.

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

[Fine. See summary.]

[Imprisonment. See summary.]

Reference Number: t17900224-11

247. JOHN BROWN was indicted for stealing, on the 28th of August last, two large silver spoons, value 20 s. the property of John Wilkinson .

JOHN WILKINSON sworn.

I live in Adam-street, Adelphi . The prisoner came to live with me as a footman early in February last, this time twelvemonth, and continued till the latter end of August: on the morning of Friday, the 28th of August, while the prisoner was with me, intending to go out of town on the Sunday, I ordered the prisoner to examine my plate, with a list, with my clerk; when I returned home about two o'clock, it was not done; and I desired it might be ready against my return, which would be about four o'clock, that I might examine it myself; I returned about four, and rang the bell for the prisoner; he came up stairs; and I asked him why he had not brought up the plate chest; he desired me not to ask him; I asked him his reason; he begged of me not to ask him his reasons, nor to ask him; I told him I must examine it, and send it, as usual, to the bankers: he was extremely agitated and confused, and begged I would not ask him; in short I suspected all was not right, and even before that: I then desired he would go down and bring up the chest; he hesitated greatly, but at last said he would go down stairs, and bring up the chest, and give me an account of what he had disposed of; he went down stairs into his own room: I waited twenty minutes; he did not come up; I then rang the bell; nobody answered; I went into his room; he was not there; I went down into the kitchen, below his room, and enquired for him: I did not not find him: he was gone: the plate chest was there, but I could not find the key: then I sent for his father-in-law; and in his presence we found the key, in the pocket of a jacket of the prisoners, which he had left behind; and on opening the chest there was no plate at all: I saw the plate we had commonly in use the day before; but the spoons in the indictment, within a fortnight; they are large gravy spoons; I saw them within a fortnight in use. In consequence of advertisements from the publick-office, I had information of the greatest part of the plate, and those two spoons the day after I missed them; they were produced at Bow-street by a person of the name of Batt, servant to a pawnbroker; they were delivered to me afterwards by order of Sir Sampson: I can say these are two of my spoons, that were in the care of the prisoner; they are marked with my crest: the prisoner was not apprehended till within this three weeks; some time after, in October or November, I returned from the country; and then I summoned the different pawnbrokers.

Mr. Garrow, Prisoner's Counsel. How long had the prisoner lived with you? - Seven months: I trusted him rather more than I should have done, because he had married a servant of mine.

Did you know that at that time his wife and him were in considerable distress? - I believe very far from it; if they had I should have been very ready to have relieved them; I have since he went away.

- HUMPHRIES sworn.

On the 28th of August last Mr. Wilkinson was going out of town; he desired me to look at the plate, by the inventory, to examine it with the prisoner, that it might be sent to the bankers; I went down into the kitchen, and told the prisoner, and asked him for the key of the plate chest; he said he was going out, but would return presently; before he returned I was obliged to go out; and when I returned he let me in, and begged I would step down to his pantry, for he wanted to speak to me; he said he was ruined, unless I could stand his friend; I told him any thing I could do, in my power, I would with pleasure; he hesitated telling me; and I asked him if his wife or child was ill, or was he arrested? he answered, no, it was worse than that: I then asked him if all the plate was right? he shook his head, and burst out a crying; I

asked him if he had pawned it? he said, yes.

Before you asked him if he had pawned it, did you give him any expectations of favor? - No, Sir; and I asked him to what amount? he told me if he had his wages, and if I could lend him ten or twelve guineas more, he should be able to redeem it; or if he could go out for an hour or two, he believed he had a friend who would give him the money; I told him it was out of my power to lend him so much money, but if he would shew me the duplicates, to see what was missing, and give me the duplicates, and then go out and try to get the money; he said, he was afraid his master or mistress might want him; I told him I thought it a very serious matter, and he had better let me see what was missing, and leave the duplicates, and begged him to open the chest; he rather hesitated, and immediately Mr. Wilkinson came in; I told him I had not an opportunity to examine the plate, but that I had every reason to believe it was not all complete, and referred it to him. I went into the city about some business, and returned rather before six or after; when I returned the prisoner was gone; and his father-in-law came, as Mr. Wilkinson sent for him; then in his jacket pocket I found the key of the plate chest; I opened the chest before Mr. Wilkinson and his father-in-law; and there was nothing in it: I never saw the prisoner since, till now.

HENRY BATT sworn.

I did live at Mr. Brown and Dixon, pawnbrokers. On the 26th of August I took in two gravy spoons, of a man, whom I believe to be the prisoner, but I am not certain to him, in the name of John Williams ; I lent one guinea and a half on the spoons; I did not ask him, at that time, how he came by them: I did not see any thing more of him till I saw the prisoner, about a month ago, at Bow-street: I was sent for; and they told me the man was taken up: I believe I had seen the person who pawned the spoons with me twice before: I believe the prisoner now to be that person; I had rather a doubt at Bow-street; he was very much altered in his dress and appearance; he was dressed like a gentleman, when he came to me; the first time I saw him I took in a silver waiter, and he said it was his; it had a cypher on it, A. W. I believe he had been with me from April to August. Two days after I took in those two spoons, a handbill came in; I read it over, and thought it was some of this plate: I shewed it first to Mr. Dixon, then to Mr. Brown: the two spoons I delivered up at Bow-street.

(Looks at the spoons.)

I believe these to be the spoons.

Prisoner. I leave it to my counsel.

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

GUILTY .

(Recommended to mercy by the prosecutor.)

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

[No punishment. See summary.]

Reference Number: t17900224-12

248. DANIEL LYNCH was indicted for feloniously stealing, on the 28th of January , in the parish of Allhallows, Lombard-street , one cheese, weighing thirty-seven pounds, value 14 s. the goods of John Gardiner .

ELIZABETH WOODMAN sworn.

I live with Mr. Gardiner. On the 28th of January, at a quarter past seven in the morning, I was minding my master's shop, in the door way; Daniel Lynch , the prisoner at the bar, took this cheese from two more; the window is in the market; I asked twice before he got it on his head, what he was going to do with the cheese; he made me no answer: he put it on his head, and ran away with it; I ran after him, and I saw a young man in the passage, and I called out stop him, and the prisoner threw the cheese down; I took up the cheese, and carried to the shop, and charged him with a constable: it was about twenty yards from the shop it was picked up.

(The cheese produced and deposed to.)

Prosecutor. I am sure this is my cheese, it has my mark on it.

JOHN ELLIS sworn.

I went after the prisoner, and saw him stopped, and saw him drop the cheese, the 28th, I pursued him and brought him back to the shop.

LEWIS GREECUFF sworn.

I am constable: I took the prisoner.

PRISONER's DEFENCE.

I was going to market with my mother, and I met two porters whom I knew, and they took me into a publick-house, and gave me some two-penny and gin to drink, which I was not used too, and did not know what I did.

GUILTY .

Publickly Whipt .

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

Reference Number: t17900224-13

249. THOMAS CARROL was indicted for feloniously breaking and entering the dwelling-house of Clayton Hand , on the 1st of February , about nine in the forenoon, the said Clayton Hand and others of his family being therein, and feloniously stealing five curtains, value 40 s. one vallence, value 3 s. and two window curtains, value 20 s. his property .

SARAH HAND sworn.

I went up in the garret, and saw the prisoner there, on the 1st of February, in the front garret, about nine in the morning; the men came to work in the morning, about six: the door opens by a latch with a brass nob: I do not know whether the door was shut or open; the prisoner said he came to look for his brother: he was standing with his back towards me; I saw him in the glass; he was doing nothing: he ran down stairs; and I called stop thief: the bundle was tied up, but whether he had tied it up, I do not know: there is five worsted and cotton curtains, a pair of Manchester curtains, and some vallences; they were all in the drawers, except the Manchester curtains, which were in a chair, loose.

JOHN HAND sworn.

I am son to the last witness: Mrs. Hand called me to bring up a hair broom; as I was going up I heard her cry stop thief, and I stopped the prisoner at the bottom of the stairs, and kept him till the constable came.

JOHN COX swern.

I am constable: I took the prisoner and the things, which I have had in my possession ever since.

(Produced and deposed to by Mrs. Hand.)

PRISONER's DEFENCE.

I went up to look for my brother, who worked for Mr. Jones; and the prosecutor came up and cried stop thief, and they took me.

GUILTY of stealing to the value of 20 s. but not of breaking and entering.

Transported for seven years .

Tried by the London Jury before Mr. Justice GROSE.

Reference Number: t17900224-14

249. SAMUEL DRING was indicted for that he, on the 4th of February last, in the parish of St. Mary le Strand, did feloniously and traiterously, falsely and deceitfully, colour a piece of base coin, of the form and figure of an half crown, with materials producing the colour of silver .

A Second Count for doing in the same manner with a round blank, fit to be coined into half crowns, resembling the money of the Mint.

A third and fourth Count, for doing the same with a piece of base coin, of the form and resemblance of a sixpence, and for doing the same with a round blank of base metal, to be coined into a sixpence.

The case was opened by Mr. Silvester.

(The witnesses examined separate.)

PETER MAYNE sworn.

I am an officer, attending the public office, East Smithfield. On Thursday, the 4th of last month, I received information against a barber's shop, in Little Drury-lane , upon this business, to which I went at a quarter after two in that day; I went into the shop, where were two men by the fire; I proceeded up stairs; I left one on the first floor, who went with me; I proceeded up the other pair of stairs; I got to the top, and met the prisoner on the top of the second story; I laid hold of him: we had a scuffle, and he got from me down stairs.

Was he in the room, or on the landing place? - On the landing place.

Had you told him who you was? - No, nor do I believe that he knew me. I called out to the next witness to lay hold of him, whose name is Benjamin Abrahams ; he was on the top of the first story, and Abrahams' brother, Joseph Abrahams , was behind him, standing on the same stairs; he accordingly stopped the prisoner, and brought him up stairs; when I got him into the room, I searched him in the room, at the top of the stairs; in his left hand breeches pocket I took this money out; (produced) this money was found in his left hand waistcoat pocket (produced); in his right hand waistcoat pocket I found a sixpence; then I proceeded to search the room, and in this bason, which was on the shelf, close by the window, this money was in it; there is a liquid in it, and the money was in it; part of this liquid is in a bottle: these two half crowns lay on the shelf, close to the bason; here is a bottle, likewise found on the shelf; here is some sand, which was in a bason, and a bit of scowering paper, and something, which I

know not what it is, which I found in the room, and some white powder, in a paper.

Had you made any observations about this man yourself? - The first thing, when I laid hold of him, I looked at his right hand, and his thumb and finger was black and sandy: while we were in the room the wife of the prisoner came up, and said, my dear, you have been cautioned against Jews, this is the second time a Jew hath deceived you.

Mr. Knowlys. There are rooms above this second floor? - I believe there is a garret.

Did you search that? - I did not.

And you did not see this man come out of the room on the second floor? - He was on the landing place.

Did you call at the house any other time? - Yes, by the desire of the gentlemen who are better acquainted with the business than I am, to see if there was any aquafortis on the floor.

Who was with you? - Benjamin Abrahams , and his brother, Joseph Abrahams , they call him Bear.

He is not here? - No.

Did he assist you in apprehending this man? - He did.

Court. Was the door open, of the room you went into? - Yes, it was.

Whether the prisoner had been in that room you yourself do not know? - I cannot say positively.

BENJAMIN ABRAHAMS sworn.

I went, in company with Mayne, to this house in Drury-lane, between two and three o'clock in the afternoon, on the 4th of February; I went up stairs, Mr. Mayne went before me; and stood on one pair of stairs: there were some women on one pair of stairs, and they asked me what I wanted; within a minute I heard a rustling, and down comes the prisoner at the bar, and Mr. Mayne followed him, and said, do not let him go, bring him up again; on which I told him, you must not go down, you must go up with me; and on going up he made a kind of a bit of a stoop on the stairs; I thought I saw him put something on the stairs; halloo, says I, what have you got here on the stairs; I looked on the stairs, and found three half crowns and a shilling (produced); I then brought him up into the room, where Mr. Mayne was, and we looked about the room, where I saw Mr. Mayne find some things.

Mr. Knowlys. I understand there was some other person went with you and Mayne to this house? - There was another officer, belonging to the same office.

Is he here? - No.

What business are you? - A shoemaker.

Do you follow that business? - Yes; I am an headborough belonging to the parish I live in.

Did you go to this house after the prisoner was in custody? - Yes, I did; I and Mr. Mayne; and there was no man when I went the second time, except a man in the shop.

I believe you went to no other part of the house, the first time, but in the two pair of stairs? - I never went any where else; I was not in the garret.

How long have you known Mayne? - Some time.

JOHN CLARK sworn.

Explain the use of all the things present.

Clark. The bottle had had aqua fortis, and in the bason water, and if any metal is put into the aqua fortis, they then throw it into this water, and the strength of this aqua fortis makes this water all a pickle; I have tasted it, and this is so; by this sort of stuff being put into the aqua fortis, it draws the silver on the surface, and the strength of the aqua fortis turns them black, as some are here, then by being rubbed by sand and water, the black comes off and leaves the white.

(Mr. Clark rubbed one, as a specimen, about a quarter of a minute.)

Among the money produced, is there any fit for circulation? - Here are two half crowns which have been fit, but not being kept properly, are tarnished, but by rubbing

them, they will be as good as ever in a moment; and I can venture to swear that they have been manufactured in the way I have said.

Are they counterfeit coin? - Yes; they are counterfeit Mint money.

Pray what effect hath this on the hands? - It turns them black, as mine are now.

Mr. Knowlys. You have told us, on other occasions, that cork hath been made use of in this business; there is no cork here? - There is not; it appears as if this money hath been in currency, and bought up by the Jews, and coloured afresh, in order to give it currency again; there is no doubt of it.

Court. Can you of your knowledge in this business tell us the quantity of silver may be in that half crown? - According to assays made, a half crown hath about four-pence halfpenny-worth of silver in it, and a shilling two penny-worth.

FOR THE PRISONER.

THOMAS FOSSEL sworn.

I have worked with the prisoner at the bar five and twenty years; he is an hairdresser : I never saw any such materials about the house, as to coining; and all I know is, that he was apprehended by three men, who came with the Jews: I was not up stairs that day; and what was up stairs I know nothing about. When the officers came my master had been up to dinner I suppose about half an hour; and that morning he had been to work up and down.

GUILTY , Death .

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

Reference Number: t17900224-15

250. ANN M'CARTHY was indicted for stealing, on the 25th of January last, one muslin neckcloth, value 2 s. a linen handkerchief, value 1 s. the property of Samuel Sherrington .

SAMUEL SHERRINGTON sworn.

On the 24th of January I had been to Islington; when I came to Moorfields , between eleven and twelve, I saw the prisoner, a man, and another woman; the prisoner called me back, rather in liquor; I asked her what she wanted with me; while I was speaking to her I missed my pocket handkerchief; I charged her with it, and threatened her with charging her with the watch; she immediately gave it me; I then went to the Two Brewers, London Wall, and told them I had been robbed; and they went out with the watch, and found the woman in the same place, where she took my handkerchief, and they searched her, and found my neck-cloth upon her: I was so much in liquor that I had not missed my neck-cloth.

Court. How came you to miss your handkerchief, and not your neck-cloth? - I do not know how that was, but she gave me my handkerchief: I went and drank with them all at the publick-house; the girl and I was talking together five or six minutes together, from the other two; then I missed my handkerchief; then we went to the publick-house door, and she went in and brought some gin to the door; I gave her the money to pay for it.

JAMES GARTER sworn.

This young man came to our house on the 24th of January, and told me he had been robbed in Mooorfields; he was very intoxicated: I went to Moorfields with him, and I heard somebody cry out Nell; and the prosecutor said the prisoner had robbed him of his handkerchief and neck-cloth; she denied it; I went to search her, and she pulled the neck-cloth out of her pocket, and dropped it; I saw her drop it: he did not know he had lost his neck-cloth, till I told him.

MICHAEL WAYMOUTH sworn.

I am a constable. The prisoner was brought in with the prosecutor and another; one had the handkerchief, and the other the neck-cloth: the prosecutor was drunk: he accused the prisoner with having taken

money out of his pocket; and if she would give him the money, he would freely forgive her; she owned to taking the handkerchief and neckcloth.

PRISONER's DEFENCE.

I did not take any thing except the eighteen-pence which he gave him; three of them wanted to lay with me whether I would or not.

NOT GUILTY .

Tried by the London Jury before Mr. Justice GROSE.

Reference Number: t17900224-16

252. FRANCIS BARNSELY was indicted for feloniously stealing, on the 22d of February , in the parish of St. Leonard's, Shoreditch, two iron chisels, value 9 d. one iron padlock, value 2 d. one hundred brad nails, value 3 d. the property of William Quanthrow ; and one iron chisel, value 4 d. an hand-saw, value 4 d. a bradawl, value 2 d. the property of Thomas Barlow .

WILLIAM QUANTHROW sworn.

I am a carpenter , and servant to Mr. Barlow: on Monday was a week, I lost two iron chisels, and other things in the indictment, from a house in Holywell-mount, Shoreditch ; I saw them there between five and six on Monday evening; I did not see the prisoner take them; but they were on his premises, which he rented; the next morning I saw them; he was a watchman facing the buildings; I have had it broke open two or three times: some of them was in a drawer; the padlock was hanging by his bed-side.

THOMAS BARLOW sworn.

I am a carpenter : I lost an iron chisel and other things, a hand-saw and a bradall, on Monday night, in the same house from where the others was taken; it was a new house finishing; I saw them as soon as ever I could get a warrant; I missed them when I came to work on Tuesday morning; I found all the tools in his drawer, except the padlock, with his pistol, cutlass, and rattle; I have kept all the tools ever since; (the tools produced and deposed to.) I am very sure to the chisel, because the handle was split by using it with the hammer; the hand-saw my father has had these thirty years; and the brad-all has got a particular ferrel on.

Quanthrow. This chisel I have had ten or eleven years; and the other I changed the handle; I know the iron padlock by being rubbed over with mortar; and the nails are in a paper which hath a bit of pitch: I suspected the prisoner.

PRISONER's DEFENCE.

As I was going my rounds at two o'clock, I found the prosecutor's door open, and went in with my lanthorn; I saw no one there; and seeing some tools lay on the bench, I thought if I left them behind, they would be lost before morning; I put them into my pocket, with intent to bring them to the buildings as soon as I got up; but at going off at six o'clock, I got rather too much liquor; and when this gentleman came, I did not know what I brought home; the gentleman himself knows, I was undrest when he knocked at the door.

GUILTY (Aged 57.)

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17900224-17

253. THOMAS CARTER was indicted for burglariously and feloniously breaking and entering the dwelling house of Charles Treadway , at the hour of five in the night, on the 10th of December last, in the parish of St. Matthew, Bethnal-green, and burglariously stealing therein, two cotton counterpanes, value 10 s. a linen apron, value 6 s. a muslin apron, value 4 s. two linen table cloths, value 4 s. and a piece of flannel, value 3 s. his property .

And MARY MACKAWAY was indicted for receiving the same goods, knowing them to be stolen .

MARY TREADWAY sworn.

My husband's name is Charles Treadway ; he did not pay the rent; I paid it myself; my husband and I live separate; there was no one in the house, when the house was robbed.

How long had your husband slept in it, before he was robbed? - About a week or a fortnight; he did not return: this is the only house he resides in, for what I know: I was not at home; I went out, and locked the door, at five in the evening; it was dark; I had a lanthorn to come home with: this house is in Somerset-buildings, by Hackney-road ; I was out about twenty minutes, or rather more: I locked the door, and took the key; I left no one in: when I came back, I could just see the back of the man; I let myself in.

Was any part of the house broke? - Yes, a pane of glass, so that they might draw back a bolt; it was over the door in the back part, next a public garden; I never observed it to be broke till I came in.

Did every other part appear to be sound, except this? - Yes: when I came in, I saw the back part of a man; and he went out backwards; I saw him go out, but could not overtake him; there was no other fastening to the door, but a bolt; I did not see him take any thing out with him; I only saw his back: I have never seen any of the things since; neither do I know the man.

JAMES SHAKESHAFT sworn.

I know nothing only through the evidence here, who was taken.

- LISTER sworn.

I was charged with this offence, and turned King's evidence.

Court to Jury. It is in vain to examine this man, as the law does not allow an accomplice's evidence alone.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17900224-18

254. MARY DAVIS was indicted for feloniously making an assault on Francis Jaques , in the dwelling house of John Price , on the 26th of January , in the parish of St. Giles's in the Fields , and taking from him a cotton waistcoat, value 2 s. five cards, value 1 d. and three guineas in money, his property .

Mr. Jaques was called on his subpoena, and not answering, the prisoner was

ACQUITTED .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17900224-19

255. SOLOMON MARKS was indicted for feloniously stealing, on the 28th of January , in the parish of St. Mary, Whitechapel , one pewter quart pot, value 1 s. and a pewter pint pot, value 1 s. the goods of William Cox .

WILLIAM COX sworn.

I keep a public house : on Thursday, the 28th of January, between ten and eleven at night, the prisoner came and ordered a pot of beer; and I saw him go to the place where the pots are commonly kept, and he stole a quart and a pint pot, and carried them out of doors; I had before, this same evening, lost a copper can; and expecting the prisoner to come back, I had got two men waiting in Wingfield-street.

MOSES FONSECA sworn.

On the 28th of January, I was watching the prisoner by Mr. Cox's desire; and hearing an alarm, I catched him quietly in my arms, just as he had come out of the house, with the property; and on, the ground, by the side of him, lay the quart and pint pot; I brought him into Mr. Cox's house; and the watchman carried him to the watch-house and the pots.

JAMES BRAYBROKE sworn.

I am a Headborough; I know no more than Mr. Cox brought in the prisoner and

the pots to the watch-house; and I have had them ever since.

(Produced and deposed to.)

JOB PORTEAU sworn.

I took up the pots, I stopped him, together with Moses Fonseca .

PRISONER's DEFENCE.

I was asked by Cox's boy to get him down a pot; and in doing that a pint pot fell down upon my head; immediately they rang a bell, and carried me to the watch-house.

(The prisoner called three witnesses to his character.)

GUILTY (Aged 14.)

Privately whipped .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17900224-20

256. JAMES LACY was indicted for feloniously stealing, on the 3d of February , in the parish of St. Olaves, Silver-street, six guineas , the property of Edward Lamb .

A second Count, laying it to be the property of James Keates .

And a third Count, laying it to be the property of Mr. Bell and others.

(The case opened by Mr. Garrow.)

EDWARD LAMB sworn.

I am landlord to this house; there is a benefit society held at my house, known by the name of the Amicable Society, in Noble-street, Foster-lane, Cheapside ; the prisoner was one of the members, and one of the stewards, called the under steward : Keates was the upper steward : I give bond in security for one hundred pounds, for money that is in this box: the head steward holds the bond for the benefit of the rest; the box then is deposited in my hands: the box is fastened by three locks; and the money is deposited by the stewards, in the presence of the society; those locks have three different keys; each of the stewards have one; I have the others; (the Bond read by Mr. Garrow.) I am answerable for the box and contents, let it be what it may; there was a meeting of the club on the 3d of February; the prisoner was present; the box was opened in order to go on with business: Lacy had a key; I, the other, and Keates, a third; so, without the three keys, the box could not be opened, all being different locks and different keys; when the box is opened, it there stands till they are ready for business: I did not see him again till the day he was taken, about a fortnight after the club-night.

Prisoner's Counsel. Are you a member of this society? - No.

Your business is to keep the box, and deliver it on club nights, when the members are there met? - Yes.

Then it was not in your possession at the time this money was took, as you had delivered up the key? - No; I had delivered it up.

JAMES KEATES sworn.

I am the first steward; the prisoner was the other; each of us had a key of the strong box, and Mr. Lamb.

Was you at the society on the 3d of February? - I was; the prisoner having the key of Mr. Lamb, unlocked two locks, and I the other; then the prisoner asked me if I would go down for two plates, to receive the money from the different members; when I returned, he was standing by the club box; and as soon as I came in, he went out of the room; in about three or four minutes before, the landlady came up and asked whether Lacy was gone? we said, no, he cannot be gone, because he has left his key behind him; she said she thought he was gone, because he paid three shillings at the bar; and being asked if he was going, said he would be damned if he was not: soon after, we examined the box, and found six guineas gone from the gold bag; on that we apprehended Lacy; there was an advertisement, offering a reward to apprehend him: this man

had been a member about six years; and we contribute about nineteen pence a month; when he was taken, he said that as the box was under an arrest, and he was a young man, he thought he had a right to secure himself: what he alluded to, was this; there was a member, his name is Thomas Gregory , that was scratched out for not paying up his subscription; and this Gregory had laid two actions on the stewards; and the stewards had had a guinea out of the box to defend it.

Court. I conceive there is no plea of accusing him of criminality; because he thought he had a right to it.

Prisoner's Counsel. Then the box and the money was in the possession of this man, when you went down stairs? - Yes; it was on the table with the clerk and the other members.

Court. What was the sum Gregory wanted to recover? - He wanted to recover seventeen years money paid in.

JAMES ROWLAND sworn.

I am a member of this club; I was in there the 3d of February; I saw the club box unlocked, the prisoner took the gold box out, and counted money, I am sure, guineas; I then sat down, and said to him, Jem, what you doing with the gold bag? as soon as Keate returned, he went out of the room; I did not see him again for about a fortnight; I saw the bag opened, and there was about three guineas and a half in it.

Prisoner's Counsel. Was you present when he was before the magistrate? - I was; he then said that the box was under an arrest, and he thought he would take his own.

JAMES ALLEN sworn.

I am a member of this society, but was not present when this was transacted: I saw seven guineas and a half securely locked up on the monthly night before.

CHRISTOPHER GLOVER sworn.

I am the clerk to this society; I was present on the 3d of February; that was the first time he had acted as steward; I saw the prisoner have the gold bag in his hand, and see him chuck it into the box again, go down stairs, and not return, immediately; six guineas were missing: I never knew any one instance where it was allowable for the stewards to take money out of the box, without the authority of the meeting: the payments made to the sick members are always had of the landlord.

JOHN NEWMAN sworn.

I am a constable of the City: about a fortnight ago, I was applied to to take the prisoner, which I did in a court in White-cross-street, in a narrow alley going into White-horse-court; I found him in a room, after I had pushed against the door, and it then broke open, in a corner of the room: I had been after him three or four days with a warrant.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17900224-21

257. THOMAS BROWN was indicted for feloniously stealing, on the 23d of January , in the parish of St. Peter's, Cornhill , forty yards of woollen stuff, called saize, value 4 l. the goods of Stephen Oliver .

THOMAS MARRIOTT sworn.

I am a porter and watchman to the waggon; and a servant to Mr. Oliver: Mr. Stephen Oliver 's waggon came in on the 27th of January, about eleven o'clock at night; on the morning of the 28th, one Coleman was crying the hour of four; I thought I heard something rustling in the waggon; I stept to it, and found the man with the saize under his arm; I called out to the man when he was coming out of the waggon, and he slipped down, and I collared him; he got up again, and he feigned himself to be in liquor; the stuff was picked up by the watchman; another watchman assisted me, and I had

him to the watch-house; he had cut the pack sheet, and picked this out.

JOSEPH BRADWIN sworn.

I am a sea-factor; on the 28th of January, I received in a letter, advice of a pack being sent by the waggon; when I received the pack, one piece was short; it was delivered to me by my servant; it was to come by William Oliver ; it was forty yards of saize that was missing.

JOHN COLEMAN sworn.

I am a watchman in Bishopsgate: when I was beating my round of four, Marriott called me, and gave me charge of the prisoner; I picked up the baize; it was Mr. Stephen Oliver 's; the waggon belongs to Mr. Oliver; it was in the street: I delivered it to Francis Bailey , the officer of the night, who took it to the watch-house.

FRANCIS BAILEY sworn.

I am a constable; the watchman, Coleman, brought down the prisoner a little after four o'clock, without the bundle; I went with him to Gracechurch-street, where Coleman delivered me the bundle.

THOMAS GRINES swern.

I am a constable: about a quarter past four, the prisoner at the bar was brought to the watch-house, charged with stealing the saize; Marriott told me it was in the hands of Coleman: I directed Bailey to go in search of the property.

Court to Marriott. See whether that is the parcel you saw on the prisoner? - I am sure it is the parcel.

Prisoner. I am not guilty.

GUILTY (Aged 36)

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17900224-22

258. JOHN JONES was indicted for stealing, on the 18th of February , in the parish of St. Botolph, without Aldersgate, two diaper table-cloths, value 5 s. two linen shirts, value 3 s. a flannel petticoat, value 1 s. the goods of Joseph Sadler .

ANN SADLER sworn.

I am the wife of Joseph Sadler ; I live in Vine-yard, Aldersgate-street .

Where did you lose these articles mentioned in the indictment from? - From before the house, on the 18th of February; I did not see the prisoner take them; I saw them there at seven o'clock in the evening; and I saw them again at Guildhall the next day.

ELIZABETH SMITH sworn.

I live in Mrs. Sadler's house; I saw the things under the prisoner's arm, in the yard, within about thirty yards of the house; an acquaintance of mine heard a man cry out stop thief! he got him; the prisoner was out of my sight when stopped, but not out of the yard; it appeared to be a shirtsleeve hanging down, for he took them all together, rope and all; I did not observe what the other things were; I did not see the prisoner's face, but I saw his size that instant I went down stairs; I believe it is the same man I saw; he had the same coat on.

HENRY ROOM sworn.

I am a coachman, and live in Vine-yard, and went out to mend my whip; coming back I met two fellows running very fast, and the prisoner at the bar behind; I stopped him, and searched him; he had some wet linen in his arms; we had a bit of a struggle; I gave it to Couchman the constable; I received this from Mr. Sadler; I gave it to Couchman the constable, on the 18th, about seven in the evening.

JOSEPH SADLER sworn.

Did you see the man take these things? - I heard a rattle at the line; Mr. Smith cried out; I then went into the yard, and laid hold of the prisoner; he had not the things; they were given to the constable; they never was given to me.

(The linen produced and deposed to by Mr. Smith.)

PRISONER's DEFENCE.

I was coming down Aldersgate-street gateway, from easing myself; I saw two men drop these things, and I picked them up; and this man came up and stopped me.

GUILTY (Aged 17.)

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17900224-23

259. WILLIAM AUSTIN was indicted for stealing, on the 4th of February , a pair of gold bracelets, value 20 s. a gold locket, value 20 s. a tortoise-shell snuff box, value 20 s. the property of Henry Lynam , privily in his shop .

JOHN LYNAM sworn.

I am brother to Henry Lynam , the prosecutor, No. 76, Strand , a jeweller ; on the 4th of February, on Thursday evening, about eight, the prisoner came into my brother's shop; I shewed him a variety of articles in the shop; he was looking at a fancy article; he did not desire to look at any articles in particular; he was in the shop about half an hour; nobody was there but him and me; nobody was in the parlour adjoining: at the expiration of half an hour, my brother came into the shop; and the prisoner and my brother went into a back room together; I was putting away the articles, and I missed a pair of gold bracelets; and I went to fetch a constable, and took him into the bar to the prisoner and my brother; the constable, Shallard, examined him; and a duplicate of a gold locket was found on him; and I went and took it out from Mr. Parker's Princes-street; this is the gold locket mentioned in the indictment; nothing else was found on him in my presence: I have the gold locket here; I believe it to be the property of my brother, to the best of my recollection; I have been but a very short time in the jewellery business; I cannot swear to it; I think I had seen it in my brother's shop a day or two before.

What did you find of your brother's property on this man? - A pair of gold bracelets was found on him, by the constable; I believe the constable has them: I know they are the property of my brother; they were in the shew-glass in the course of the day: I cannot say I took any particular notice of them: I was not in the shop all the day: nobody belongs to the shop but the apprentice, Henry Green , and my brother, and myself; one of us kept the shop by turns: the bracelet is valued at twenty shillings; nothing else was found on him, while he was in the shop.

Did you see him do any thing that made you suspect him? - No, I cannot say I observed what he was about.

Had you any suspicion of him? - Yes, I had.

You had kept a pretty sharp eye on him? - No, I did not.

What then, did you mean to give him an opportunity of rifling the shop? - Yes; I had a suspicion of his taking some things: I did not particularly watch him: I went to the side of the counter, to fetch some things, and left the things with him.

Did not you keep your eye upon him? - No, I did not.

Mr. Garrow, Prisoner's Counsel. There was one question asked you by the Court, to which you did not give an answer; it is a very important one; upon your oath did you not retire from the place where he was, on purpose that he might have an opportunity of taking something? - Yes, I did.

You said you went for the constable, Shallard; he is an officer, at Bow-street; where did you find him? - At the publick-house, opposite my brother's shop.

Had not you appointed him to be there? - Yes.

So when this young man came in, and was looking at this shew-glass, it was before you invited him to look at the other

articles; you left him there on purpose that he might have an opportunity to steal something; and you went to fetch an officer on purpose that you might have an opportunity to take him? - Yes.

JOHN SHALLARD sworn.

I am a constable. I apprehended the prisoner: I was appointed to be there for the purpose, on suspicion that he was coming to rob the shop; I was in waiting just by: I searched him, and found a pair of gloves and a handkerchief, which I put on the table, and Ting shook one of the gloves, and out fell a bracelet; then he shook it again, and out fell another.

Mr. Garrow, Prisoner's Counsel. Had you been consulted as to the manner in which this was to be done; have you explained to anybody what would make this a capital offence? - Oh, no, by no means.

THOMAS TING sworn.

I am an officer. I was with Shallard at the publick-house, in waiting, about half an hour; then he sent for us, and we went into the back parlour; there was the prisoner and Mr. Lynam; and in his glove I shook out two bracelets, one in one finger, and the other in the other.

(The bracelets deposed to.)

Mr. Garrow, to Lynam. Do not you know that your brother appointed the prisoner to come that afternoon? - I sent to the constable about four o'clock: the prisoner came in about eight: the prisoner was there the day before; he said he should be there the night following: my brother did not send for him; he told my brother he should come the next afternoon.

Your brother invited him to come? - No, I do not believe he did.

What are these bracelets worth? - About twenty shillings.

How much of that is for fashion and workmanship? - I cannot say.

They are very grim things; nobody would wear them now? - They are not very fashionable.

What is the gold worth; is it worth five shillings? - No.

They are out of fashion? - Yes.

What would they sell for? - I do not think they would fetch five shillings.

If you was to buy them, you would buy them as old gold? - Yes.

Prisoner. I leave it to my counsel.

Mr. Garrow. I have a great many respectable witnesses, but I think it better not to call them; I shall not expose the young man any more.

GUILTY of stealing, but not privately .

(Aged 23.)

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

[Transportation. See summary.]

Reference Number: t17900224-24

260. JOSEPH SWIFT was indicted for feloniously stealing, on the 28th of February , a tin oil-kettle, value 2 s. and three quarts of lamp oil, value 15 d. the property of Charles Pownel .

CHARLES POWNEL sworn.

I am a lamp lighter . My kettle and three quarts of lamp oil were stolen from the King's Arms, Limehouse , I left it there about half past five: on Thursday, between six and seven in the evening, as I and my boy crossed Rope-makers-fields, I met the prisoner with it in his hand, about twenty yards from the house; I asked him what he was going to do with it? he said, he was going to the yard to wash his saw; he had no saw about him; I asked him where he got it? he said, he got it out of a house; I took him back to the house where he got it out of, and there were three pints spilt on the ground; I left it in a box adjoining to the bar, in the publick-house; I was late that afternoon, and put more oil in than I thought I should want, and left it there; I have left the oil there ever since Michaelmas day, and never lost any before.

Are you sure it is your kettle? - Yes; one of the cross pieces being broke, and made fast by a piece of cotton.

JOHN ABEL sworn.

I am a lamp lighter. Coming out of Rope-makers-fields, I met the prisoner with the kettle in his hands, coming out of Limehouse-corner, from where the kettle laid, about twenty yards from the house.

Do you know whether it belongs to Pownel? - Yes, I do: the prisoner said he had it given him out of a house, but did not say whose house it was.

Court to Pownel. Was the man in liquor? - Yes, but he seemed to know what he was about, by desiring I would not send for an officer.

PRISONER's DEFENCE.

As my mate and I were coming from Limehouse-corner; we were very much in liquor; my mate kicked a can down, that stood in the passage of this house, and I picked it up again immediately, in doing it I rather fell myself; the man comes to me directly, and asked me what I was going to do with the kettle.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17900224-25

261. EDWARD RILEY was indicted for feloniously stealing, on the 16th of February , two wooden bird cages, value 2 s. and five tame canary birds, value 10 s. the property of William Frewen .

WILLIAM FREWEN sworn.

I am a plaisterer . On the 16th of this month I lost two wooden bird cages, and five canary birds; it was on a Tuesday; I was moving my goods out of St. Giles's ; I kept them in St. Giles's till the prisoner took them; I saw the cages in the apartments where I lately lived; I laid them in the middle of the room, for the prisoner, who was helping me to move; and he took hold of these, and carried them not to my apartment, but sold them the other side of Moorfields; this I know by his own declaration at the Rotation office, in Litchfield-street.

Did you find them by his directions? - No, not exactly; I found them at Mr. Sampson's, in a different street.

How do you know these to be your cages? - In one of the cages I made an alteration myself; and they are very remarkable.

Was there the same number of birds, at the time you found them, as when you lost them? - No, there is one not found yet.

Do you believe those to be your canary birds? - I do.

Now what are these cages? - One is a wainscot, the other is a mahogany, or rattan; both wooden.

Did not you give him these cages to carry? - Yes, I did with the rest of the goods.

- SAMPSON sworn.

The prisoner came to me with a pair of birds, in a cage, and asked me seven shillings and sixpence for them; I told him I would give you six shillings, at a word; they are here; I would not pay him till I knew who he was; and he said if I would go over with him to a publick-house, he would shew me another cage, and a pair of birds, and so I gave him twelve shillings for the two cages, and two pair of birds; I am sure to the prisoner and that they are the same I bought of him.

HENRY TOWNSEND sworn.

I know the man to be the man that was moving the goods; and I went along with the man's wife, and took him; and he said he had sold the birds to one Williams, in Moorfields.

WILLIAM STEVENSON sworn.

On Friday last Mr. Frewen told me he had lost two cages and five birds, and the name of the direction to seek them, was that of Williams; we however found no such name, but found them at Sampson's.

PRISONER's DEFENCE.

I was moving this man's goods; I had the key, and at every turn I locked the

door; and he was there along time; and when he went out again, I gave him the key, and did not go there again.

GUILTY .

Privately Whipped .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17900224-26

262. ROBERT DEAN was indicted for burglariously and feloniously breaking and entering the dwelling house of John Buckey , on the 24th of January , about the hour of seven in the evening, and stealing an alarm clock, value 15 s. a stand for a watch, value 2 s. a pair of metal watch cases, value 4 s. and a silver tea-spoon, value 2 s. his property .

JOHN BUCKEY sworn.

I am a watch maker ; on the night of the 24th of January, being Sunday, I went out, and left my house, no one being within: and I suppose the robbery was done about six o'clock in the evening; and I came home about seven, and found my house broke open, and my things gone; the things mentioned in the indictment.

Court. How soon did you see them again? - The same evening, at the beadle's house. I am not certain of the man; but the officer produced the things that I lost.

BENJAMIN ABRAHAMS sworn.

I am a constable; on the 24th of January, on a Sunday, about seven o'clock, Robert Dean was coming along with two other men; he is a sailor ; it was about three minutes walk from the place of the robbery; I and the beadle of our parish pursued them, Robert Dean having a bundle under his jacket: I asked him what he had there? he said it was not my business, and ran off about five or six houses, where was a turning; I was close after him; he ran against a post that stopped him; I then got up to him, and laid hold of him; he rented his jacket open himself, and out dropped this watch stand; I held him fast with one hand, and picked up the watch-stand with the other; he rented himself from me; I went over to the publick-house; he made a blow at me towards my head, with his fist; I struck at him with my scabbard, and into the public-house I went with the things; and in about a minute, the prisoner came in with his trowsers and his jacket turned inside out: the public house is opposite just where I picked up the things; we said to him, it was no use to hide himself, as we knew him so well; we then took him into custody; and in going to the watch-house, I told him it was very lucky the cutlass had the scabbard on, as I might have cut his arm off, he said I had not hurt him; and the beadle of the parish can witness the same. I and the beadle went and searched his room, and found his trowsers, a great pair; his room is close to the spot where I attacked him; I took a lanthorn, and took up this alarm-bell: when we went back to the watch-house, he asked for his trowsers, for he was perished with cold; he got into the necessary of the watch-house, and we gave them him: there were two people who saw him about the same spot.

Prisoner. It is all false what he says.

RICHARD BARNETT sworn.

I am an officer of Justice Staples's; on the 24th of January, on a Sunday evening, about seven, I was coming past the prosecutor's door, and I saw the prisoner and two others; I asked them what they had done? they said nothing particular: I am sure it is the same person.

JOHN RILEY sworn.

I am an officer: on the 24th of January, Sunday evening, between six and seven, turning out of Ratcliffe Highway into Wellclose-square, I saw the prisoner and two others standing lurking under a shoe-maker's shop window, the distance of five or six yards from the watch-maker's shop; I went by, and went to a public house; and in about half an hour, I heard the cry of a house being broke open; I

immediately went down, and saw the prosecutor's window broke open, and the door; it is a half sash door.

Court. Was there any covering? - Yes, shutters; but I know not whether they were on when the house was broke open; the pane was taken out; it was about ten minutes after seven.

JOB FIELD sworn.

I am the beadle: about seven, Mr. Abrahams and I saw the prisoner and two others; we ran after him; I ran after him, and he dropped these things: it was about two or three minutes walk from the place where the robbery was done; we went over to the public-house, and he came in with his jacket on; we saw him directly; and Mr. Abrahams and I took him to the watch-house; and Mr. Abrahams observed to him, it was well his lash was not open, as it would have cut his arm off; he said he was very glad it was.

(Mr. Buckey deposed to the alarm clock being in his house when he went out, and to the watch-stand and the dial case, and the pair of hands.)

PRISONER's DEFENCE.

About six o'clock in the afternoon, I came from my friends where I had been to supper; and going along, I went into a publick-house, and there Mr. Abrahams told me of the robbery; and told me if I knew any thing about it, I should have a share of forty pounds.

GUILTY of stealing (Aged 18.)

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17900224-27

263. ANTHONY BIGG was indicted for burglariously and feloniously breaking and entering the dwelling house of John Angle , on the 28th of January , about the hour of seven in the evening, and stealing a pair of window curtains, value 2 s. his property .

JOHN ANGLE sworn.

I keep the Fish and Crown in Swallow-street : my house was broke open on the 28th of January, on a Thursday, much about half past seven; I was at home, and in the bar.

HARRIOT BROMFIELD sworn.

I am the niece of the prosecutor; I had occasion to go into the parlour to see the fire on the ground floor; and I saw the shade of a man's leg in the back of the house; it opens into the Mews; the curtains were gone, and the sash thrown wide up; they were linen curtains; they were fixed on a line which draws.

When did you last see this window? - About a quarter of an hour before: this was about six o'clock; there was no fastening besides the sash; I only saw the shadow, not the man himself.

JOHN READ sworn.

I live with Mr. Angle as a servant: I was in Beek-street, on Thursday night, the 28th of January, about a quarter past seven; I saw three men standing; I stood a little while, and saw the curtain in the prisoner's right hand; I never saw him before; I told him he had got my master's curtain, upon which he ran off, and I ran after him; and as he was running, he made a stop, and dropped the curtain in Beek-street; then he ran again, and I followed him till he was taken: soon after the curtain was found in a snuff-shop passage; a woman brought it, and put it into the bar, and away she went directly; it was a red and white curtain; it had figures on it of men, women, and children.

Prisoner. I have one thing to ask him, whether he saw me drop the curtain? - I did not: I turned my head, and found it was out of his hand.

Court to Read. You are very sure he is the man that had the curtain? - Yes, I am.

PRISONER's DEFENCE.

Going along Beek-street, the boy came up and said something, and I walked on; and they came up and laid hold of me, and took me back to the public-house; but I was never there before.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17900224-28

264. SUSANNAH DYER was indicted for feloniously stealing, on the 3d of February , in the dwelling-house of John Goodman , a man's cloth coat, value 15 s. a linen sheet, value 4 s. a linen handkerchief, value 2 s. and a cloth coat, value 10 s. the goods of Benjamin Goodman .

A second Count, for feloniously and burglariously breaking out of the house, to get out of the same .

JOHN GOODMAN sworn.

I live at the Brown Bear, East Smithfield ; the prisoner was a servant at the time I lost my things; I am a single man; she lived with me about five or six weeks; she was a poor girl, and out of place, and I took her in; I was without a servant, and she said she would stay till I got another servant; I paid her a shilling a week: I went to bed a little after ten on the 3d of February; I left my brother in the house with this girl; I got up the next morning at a quarter past three, and found the street-door open; I went up stairs to her room, to see if she was there, and she was gone; I came down stairs, and went about the house, and saw what was missing, as in the indictment: I went up stairs to my brother, and asked him what he had done with Suk? he said she was going to bed when he came up; I told him what things were missing; I came down again, and went to Mr. Dawson, and told him to go after Suk, for she was gone, and had robbed my house; and in about a week, he found her: I never found my things again.

Had you seen the door shut up? - No.

BENJAMIN GOODMAN sworn.

I am the brother of the last witness; I was left in trust of the house that night; he went to bed about ten: between eleven and twelve I did the doors and windows up, and asked the girl to go to bed; I am sure every part of the house was safe; I went up to bed, and left her below; the next morning my brother came to me, and said, where did you leave the girl? I told him, below stairs.

When did you see these things before? - About five minutes before I went to bed, all of them.

Was it dark at the time you saw your brother in the morning? - There was no light at all.

ROBERT DAWSON sworn.

I am an officer: Mr. Goodman called me up on the morning of the robbery; and I did not find her till this day fortnight: she told me whom she sold the things to, and I took him into custody, but he was discharged by the magistrate.

PETER MAYNE sworn.

I am an officer; I know no more than what the last witness has said: she said she had sold the things to one Moses for seven shillings; she said there were two coats, a sheet, and a handkerchief.

PRISONER's DEFENCE.

Both Mr. Dawson and Mr. Mayne gave me a deal of liquor, and persuaded me to say what I did: as to the house, it is a very disorderly one, people going out all hours.

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

GUILTY of stealing, but not of breaking the house .

Tried by the second Middlesex Jury before Mr. RECORDER.

[Transportation. See summary.]

Reference Number: t17900224-29

265. EDWARD MARSH was indicted for stealing, on the 17th of February , one piece of brown linen, value 4 l.

the property of John Thwaites , privily in his shop .

JOHN THWAITES sworn.

I am a linen-draper in Holborn : on the 17th of this month, about seven in the evening, a young man came to the door, and informed me a person was running away with some of my goods: I ran to the door, and ran up Brownlow-street; about half way up Brownlow-street, I saw the goods upon the prisoner's left shoulder; when I came up to him, he was in the act of dropping the piece of goods; he dropped it against my legs; I ran after him to Fulwood's Rents; there he was taken, and carried to Justice Walker's, and the linen: I do not know who picked it up; it was brought to my house: I never lost sight of him; I saw him in the shop in the afternoon before it was taken away; there were, I suppose, forty people in the shop when it was missed: I am sure it was mine; it contains one hundred and twelve yards, value five pounds; it has my own private mark, in my hand writing, and my brother's upon it; I bought it of my brother; it would sell for five pounds: I have had it in my possession ever since.

Mr. Knapp, Prisoner's Counsel. This was on the 17th of this month? - Yes.

It was dark? - Yes; and a great number of people in the shop; I had two pieces of the same linen, and both marked alike.

You would not be able to swear to this piece only? - No, I could not.

You pursued him into Brownlow-street? - I did, and took him; and left the linen, which was picked up by some person, and brought to my shop; but I do not know by whom.

That person is not here? - No.

JOHN TURNER sworn.

I am clerk to Mr. Holroyd in Gray's-inn; a barrister at law I was coming down Holborn on the 17th instant, Ash-Wednesday: I saw a person lift up a bale of linen at Mr. Thwaites's door; the man that was in the act of taking it up, did not appear to me to be their porter, or shop-man; I went into the shop, l gave information of it, and Mr. Thwaites immediately pursued him, and took him; I remained in the shop till he was brought back: I went to the justice; and I verily believe that the prisoner at the bar is the man that took it from the door of Mr. Thwaites.

Mr. Knapp. This happened to be about six, or a quarter after six? - Yes.

This piece of linen you say was of a whitish colour, and taken from the outside of the door, close to the threshold? - Yes.

Candles were lighted in the shop? - Yes.

When at the justice's you saw the prisoner: did you know him? - Yes; but I am very sorry to say one of Mr. Thwaites's men pointed him out to me; but I know he was the man.

HENRY CLARKE sworn.

I am a shoe-maker: I was coming up Holborn; at Fullwood's Rents I heard the cry of stop thief! and I stopped the prisoner: and with assistance, took him to Justice Walker's: that is all that I know.

(The linen produced and deposed to by Mr. Thwaites; and Mr. Turner deposed to his mark which he made at the justice's.)

Mr. Thwaites. The piece stood about three feet within the door; and had not been moved till taken away.

Prisoner. I leave it to my counsel.

JOHN HILLIAR sworn.

I have known the prisoner from a child; he has followed the sea; I always heard he was a very honest young man.

ROBERT WOOD sworn.

I live in Little Britain; I have known him about four years; he is a very honest young man; and should have had no objection to have entrusted him with fifteen or twenty pounds worth of bread.

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

GUILTY of stealing, but not privately .

Tried by the second Middlesex Jury before Mr. RECORDER.

[Transportation. See summary.]

Reference Number: t17900224-30

266. THOMAS CLARKE and WILLIAM BAYLIS were indicted for feloniously assaulting, on the highway, Mary Read , on the 11th day of February , and taking from her a linen shirt, value 3 s. a linen handkerchief, value 6 d. her property .

MARY READ sworn.

I am a single woman. I live at No. 24, Chesterfield-street. I was going to carry a shirt home to Swallow-street, and a linen handkerchief. My mother takes in washing: and the two prisoners followed me in Wimpole-street; as I was going along Great Marybone-street they both looked very hard at me, and I at them; then Thomas Clarke snatched the shirt from me, but never said a word to me, not laid a hand upon me; I struggled with him till he almost pulled me down; then they left me; Baylis did not do or say any thing to me; but they were both in company; I saw Clarke's face, and know him again very well; as soon as Clarke got the shirt he ran away; in a few minutes after Clarke was stopped in my sight by the patrol; he threw the bundle down, but I did not see him do it; it was found on a dunghill, at a very little distance, where Baylis was taken, which was in Little Welbeck-street, up in a corner; Baylis must have picked it up, and taken it to the dunghill: I never saw the prisoners together after I was robbed, till at the justices.

JOSEPH BLIGHT sworn.

On the 11th of February I was coming up Wimpole-street, I saw a gentleman's servant had hold of the prisoner Clarke; he delivered him up to me; I then pursued after Baylis up Welbeck-street, and found him in the corner of the street; I took him to the watch-house; then I went to look for the handkerchief and shirt; I found it just by where I took Baylis.

(Produced and deposed to.)

JAMES BLAIR sworn.

I am patrol of Mary-le-bone parish; between six and seven, on the 11th instant, I was going my rounds, I heard a terrible cry of murder and stop thief, and Mrs. Read came up and told me she had been robbed, and a gentleman's servant brought Clarke to me, and we took him to the watch-house, and Baylis was taken immediately after, and brought to the watch-house.

ALEXANDER MORRIS sworn.

I am a patrol of Mary-le-bone parish. I heard the cry of murder, and stop thief; I made up to the place, and the prisoner Clarke was in custody of a gentleman's servant; the woman said, that is the boy that robbed me; Blair took the other prisoner Baylis, and the woman came up, and said he was in company with Clarke, when she was robbed; we searched both the boys, but found nothing upon them; we took them to the watch-house, and they were committed.

PRISONER THOMAS CLARKE 's DEFENCE.

I know nothing about it; I never saw the woman in my life.

PRISONER WILLIAM BAYLIS 's DEFENCE.

I know nothing of the matter.

THOMAS CLARKE GUILTY of stealing, but not violently .

WILLIAM BAYLIS NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

[Transportation. See summary.]

Reference Number: t17900224-31

267. SARAH LAWES was indicted for feloniously assaulting Harris Levy , on the 26th of January last, in the dwelling-house of Thomas Casey , and putting him in fear, and feloniously taking from him two shillings, his property .

HARRIS LEVY sworn.

I am a married man. I was calling clothes about twelve at noon, in Buckeridge-street, St. Giles's ; the prisoner called me; she had some old clothes to sell; I went up, and there were five women in the

room; and the prisoner shewed me a white bed gown, and asked four shillings for it? I said that wont do; then the prisoner said you have no money, and she took me by my throat with one hand, and with the other hand she took two shillings out of my breeches pocket; after that they threw the chamber pot over my head; then I went down.

Court. Are you sure that is the woman that took your money? - Yes; I saw the two shillings in the prisoner's hand; I went and got an officer, and when I came back I found her in another room; I took her before a magistrate, and she was committed.

ELIZABETH CUMMINGS sworn.

I keep a lodging-house next door to Thomas Casey 's house; I know nothing of the robbery, but I saw the Jew come down very wet; my husband and I went to the justice's with him.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17900224-32

268. JEREMIAH CAREY was indicted for stealing, on the 12th of January last, forty pounds of leaden pipe, value 3 s. the property of Thomas Ball .

JAMES BARKER sworn.

I am a carpenter. I know Mr. Thomas Ball 's house; he lives at Islington . On the 12th of January, I saw the lead the day before safe on the house; the pipe was cut away, and carried some way off from the cellar and the yard; about forty pounds weight: the prisoner I took in the cellar: the house was repairing for him; he had not slept in it yet.

Court. Then there is an end of this indictment.

NOT GUILTY .

Reference Number: t17900224-33

269. ALLEN CAMERON was indicted for stealing, on the 29th of January last, twenty silk handkerchiefs, value 20 s. the property of William Grant .

WILLIAM GRANT sworn.

I keep a haberdasher's shop , in Oxford-street . On Friday, the 29th of January, the prisoner came into the shop and asked for two yards of worsted binding; the boy served him.

RICHARD HIGGINS .

Court. Do you know the nature of an oath? - Yes, if I tell a lie I shall go to the Devil.

RICHARD HIGGINS sworn.

The prisoner came in for two yards of worsted binding; I asked him what it was for? I think he said, to bind a black petticoat; he would not let me wrap it up in paper; but slung it round his arm; on going out he opened a glass case; I went to shut it; and I went to the door, and saw two other boys at the door, a chimney sweeper and another; in about ten minutes he came back, and slid the glass case back, and very suddenly snatched a quantity of handkerchiefs; I jumped over the counter, and caught hold of his pocket, and tore it; some body pulled the door too, and pinched my thumb, that I could not hold him; he ran round a coach, and my master called stop thief: he was taken in Woodstock-street; I never lost sight of him till he got into a publick-house: he dropped the handkerchiefs as he ran round the coach, by the wheel; I saw them drop from his right side; I saw him go into the publick-house; he had a blue coat and black waistcoat on.

GEORGE BUCKLE sworn.

On the 29th of January I heard the cry of stop thief, at the door of Mr. Grant's; I saw the prisoner run round the hind part of a coach; and I saw the handkerchiefs drop from his right side; he ran round to the horses heads, and I pursued him; I never lost sight of him till he got into the publick-house passage: Mr. Grant picked up the handkerchiefs.

JOHN DISNEY sworn.

I am a constable. I was sent for to Mr. Grant's, to take the prisoner into custody, and the handkerchiefs.

Court to Mr. Grant. Now tell me what you did in this business? - I immediately ran across the street, and cried stop thief: I saw the prisoner drop the handkerchiefs by the coach; I picked them up, and saw somebody had him, for they said, here he is: Mr. Buckle was with him when taken.

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

There are twenty of them altogether: my mark is U. R.

GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

[Transportation. See summary.]

Reference Number: t17900224-34

270. THOMAS WOOD and WILLIAM ADAMS were indicted for stealing, on the 25th of January last, an iron anchor and a cable, value 20 s. the property of George Cass .

There being no evidence, the prisoners were

BOTH ACQUITTED .

Reference Number: t17900224-35

271. JAMIMA WILSON was indicted for stealing a gown, value 20 s. a pair of stays, value 20 s. and a quantity of wearing apparel, value 3 l. the property of John Varney .

JOHN VARNEY sworn.

I am a grocer . I lost the things mentioned in the indictment. The prisoner was my servant : on the 9th of February, on a Tuesday, she was to go to washing; she came down stairs between five and six in the morning; I called to her, and asked if she had got a light? she said, no; she came into my room and got a light: I came down about seven, and found no windows open, no fire lighted, but the wash-house door open, which was locked and bolted over night: the wash-house goes into the garden; at the bottom of the garden there is a gate that leads into the field; they were both locked over night, and I found them both open, and she gone; I called my wife, and she called her daughter; my daughter said, she had nothing to put on, all her clothes, her stays, and every thing she pulled off, on going to bed, were taken away.

Mrs. VARNEY sworn.

When I came down in the morning, and found the servant gone, I missed a great quantity of wearing apparel; (enumerates them) I missed of my own, a silk cloak, and bonnet, and check apron; I saw them on the night before behind my chamber door, except the bonnet that was in the dining room; I know the cloak by a bit of a darn on one side of it; I know the bonnet by a sham lace on it, I had it about two years; there is a callico petticoat, of my daughter's, I can swear to; and a linen gown and coat, of her's, I can swear to, by a tear in it, which is darned; here are two coats belonging to the gowns that are lost, which are now in this box.

REBECCA VARNEY sworn.

I can swear to a callico gown, and the other two gowns, and my stays; I can safely swear to the things in this box, that are mine.

MATTHEW EASON sworn.

I am headborough. On the 13th I took charge of the prisoner; she had on her person several of Miss Varney's clothes; I asked her where the rest of the things were; she took me to No. 2, Lower Shadwell, where I found the things in this box, at a house round the corner, which the prisoner said was her box.

WILLIAM ELBY sworn.

On the 13th of February, Eason came and told me he had got the prisoner and the things; I made no offer whatever.

THOMAS BROTHERTON sworn.

I am a pawnbroker: the prisoner pledged

this blue and white handkerchief, and check apron, the 12th of this month.

(Produced.)

Court to John Varney . There is none of your property among these things in this box? - Nothing.

(All the things belonging to Miss Varney produced and deposed to by her.)

PRISONER's DEFENCE.

My mistress and I could not agree: I was not a hired servant; and my young master told me to take as many things as I could, and he would come to me; and he gave me half a crown that evening, before I went away, and paid me three visits afterwards.

GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

[Transportation. See summary.]

Reference Number: t17900224-36

272. THOMAS BENNISON and SAMUEL BELB were indicted for feloniously stealing, on the 4th of February , in the parish of St. Botolph, Aldgate , two linen shirts, and two linen shirts, value 12 s. the goods and chattels of Sarah Peircy .

SARAH PEIRCY sworn.

On the 4th of this month, on Thursday, I lost two shirts and shifts.

Did you see the prisoner take them? - No.

THOMAS TITLER sworn.

I am a patrol at Houndsditch. On the 4th of this month, at about a quarter before nine, I stopped the two prisoners at the bar, in Five Bell court; I found on them a bag, Bennison had it; he was carrying it across his shoulder; I brought him down to the corner of the court, and asked him what he had got there? he said, shirts. I asked him where he brought them from, or where he got them? He said, from his mother. I made him open the bag, and found he had two shirts and two shifts wet, and I have kept them to this day.

(The shirts and shifts produced.)

With regard to Bell, were they together? - He went up to a house in Five Bell-court, and knocked at a door, and Bennison was behind him; this is a house that receives stolen goods; I went and seized them both together, and brought them both to the bottom of the court.

Sarah Peircy . These things wet, were taken from the yard, at the back of my house, in Bermondsey-street ; I had seen them about half after five this day; I am sure they are mine by the marks, one is marked M. the other S. H. one shirt is marked B. the other is my own; I have mended it a great many times.

The prisoner Bennison called two witnesses, and the prisoner Belb called one witness, to their character.

THOMAS BENNISON , GUILTY , (Aged 21.)

Publickly Whipt .

SAMUEL BELB NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17900224-37

273. JOHN PHIPPS was indicted for feloniously stealing, on the 27th of January , in the parish of St. Dunstan's in the West , twenty pounds weight of leaden pipe, value 6 s. the property of Samuel Jackson , then and there affixed to his dwelling house .

SAMUEL JACKSON sworn.

On the 27th of January, I lost a leaden pipe, about ten o'clock at night; I was told that a person was against my water-tub; I ran out immediately into the yard, and caught the prisoner in the entry, within about a yard of getting out into the street; I asked him what he wanted? he asked me what was that to me; I am certain it is the same man: with that, I laid hold of him, and put my hand behind his coat and waistcoat, and found a piece of pipe between his coat and waistcoat; I kept it till I gave it to the constable; I found it matched with the pipe that was fixed to my water-butt; there is the water-butt and pipe altogether; it was fixed along a wall that joins to the Nandos Coffee-house (I live next door) on the outside of his coffee-room, in my yard; I keep the Rainbow; it comes out from the ground, and goes up against the wall of the Nandos; my cistern is in my yard, adjoining to the outside of my house, and lays on the top of it, to drive the water in; it is fixed to part of another pipe that is fixed in the house; I paid four shillings and six-pence for it that very day; it was broken from the ground.

DANIEL BENNET sworn.

I am a constable; Mr. Jackson gave charge of the prisoner for stealing a pipe; I ordered the patrol to search him, and he found this knife.

PRISONER's DEFENCE.

I picked it up.

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

Jackson. The pipe runs through my house, and through the wall of my house into my yard.

GUILTY .

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

Court to prisoner. Are you a married man? - My wife has laid in at the hospital four days.

[Imprisonment. See summary.]

Reference Number: t17900224-38

274. JAMES CARTLAND was indicted for feloniously stealing, on the 13th

of February , in the parish of St. Andrew by the Wardrobe, two bushels and a half of coals, value 2 s. the property of John Eddington and Son .

JOHN EDDINGTON , junior, sworn.

I am in partnership with my father, in the coal trade. On the 13th of this month I had to deliver a barge with coals, at Puddle-dock ; it is a place where our barges are often robbed; I ordered a faithful servant to attend that craft.

- SMITH sworn.

I am an apprentice to these gentlemen. Being ordered by my master to attend at Puddle-dock, as we had been robbed the preceding evening, I attended, and saw the prisoner at the bar, and another person, who made his escape, at work in the craft; I heard a noise of coals rattling as though it was into a sack; I then came to the top of the dock, and told the witness Mawn, that there was no time to be lost, as I was afraid they would get away; I accordingly got into the barge, along-side that in which the coals were in, and followed another one, who made his escape, at that time in the craft where the coals where; I followed the prisoner, and knocked the person who made his escape down; the prisoner then knocked me down; the witness Mawn then came up, as soon as they saw him they let me go, and threw me over the barge's stretch-piece, into the barges room, where was some loom; I then laid hold of the prisoner at the bar, and delivered him to the witness, Mawn, and told him to take care of him while I looked after the other one; he then got away from me, and jumped over-board, as the other had done before, and I jumped after him; he then ran about thirty yards, and I after him; Mr. Raban's watchman fired a blunderbuss; he said, do not come near me if you do I will murder you: he would not be taken; he would kill or be killed first; and after that we secured him; I saw the prisoner filling the bag himself; I could discover him more plainly, because he had a white jacket on; I immediately found the bag, with some coals in it; the bag was not one of our's; I never lost sight of him all the time, except about a minute, while he turned the corner, besides he was perfectly known to me before.

JOHN MAWN sworn.

I am a lighterman. I heard Mr. Eddington's servant say he was going to look after some coals; I followed him; and when we came to the top of the dock, Smith told me there was no time to be lost, as they were at work, and that he would immediately go into the barge; when he got into the barge I saw a scuffle, and heard him call for help, as he was knocked down; I immediately went to him; and saw one make his escape, and the prisoner and Smith rolling together, and he delivered the prisoner to me; and said, I will look for the other; and the prisoner got from me, by giving my thumb a screw, and jumped into the mud, Smith jumped in after him; and he was taken immediately.

PRISONER's DEFENCE.

I know nothing of the coals at all.

GUILTY (Aged 19.)

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17900224-39

275. JAMES PEPPIN was indicted for stealing, on the 29th of January last, two linen gowns, value 10 s. the property of Robert Davidson .

ANN DAVIDSON sworn.

My husband is a carpenter : I lost these gowns off the horse by the fire-place; I saw the prisoner take them: I live at No. 1, Chapel-street, Tottenham-court-road : the parlour where they were stolen from, was on the ground floor; it was on the 29th of January, Friday, about seven in the evening; he took them with a stick; he opened the parlour door; I thought it was my

husband; and in a moment he dragged the things off the horse; I ran immediately after him; when he found I was so close, he took the things and threw them down a cellar; I saw him stopped; he said to me, he was only walking past the door: the things were picked up by Mrs. Saunders, and given to me: I gave them to the constable, Whiteway.

How soon did you see them after the man was stopped? - Immediately.

ELIZABETH SAUNDERS sworn.

Did you pick up the gowns? - Yes.

Who claimed them? - Mrs. Davidson; I gave them to her.

WILLIAM WHITEWAY sworn.

I am a constable: Mrs. Davidson gave me these gowns.

(Produced and deposed to.)

The prisoner called three witnesses to his character.

GUILTY (Aged 21.)

Tried by the second Middlesex Jury before Mr. RECORDER.

[Transportation. See summary.]

Reference Number: t17900224-40

276. PATRICK HILL was indicted for feloniously stealing, on the 24th of January , in the parish of St. Giles's in the Fields , a ewe sheep, value 30 s. the goods of Thomas Wells .

DANIEL PETIT sworn.

I had the care of eighty-seven sheep from Paddington to Smithfield-market: in St. Giles's there was two hackney coachmen coming along; and I saw the prisoner as they stopped, lay hold of the sheep, and pull the sheep out of the drove, on the 25th of January, Monday morning about two o'clock: I did not know the person of the prisoner before this time; he was on the same side as I was, standing up to let the coach go by; he pulled the sheep out of the road, and pulled it up the street; I followed him up the street some distance; I crossed the way before him, and met him, and asked him where he was going to drive that sheep.

Were there any other people about? - No.

Did he not observe you this time? - He might; he told me he was going to take it home; I asked him to let it go, and he would not; he would insist on taking it away home: I called the watch for some time, and none came; the watch at last came from the end of Monmouth-street; I gave charge of the prisoner, and they took him to the watch-house; he had then the sheep in his hand: I never saw the man before as I know of: it was a ewe sheep; the value of it is seven or eight and thirty shillings.

Had he parted with the sheep when the watchman came? - No.

Did he go quietly with him? - Yes.

WILLIAM BOSWELL sworn.

I am a lamplighter: I went along with this man down to Paddington for the sheep; I did not see the man take the sheep; I was before; he called me, and I went and saw the man and Petit together, and the sheep between the man's legs: I am sure the prisoner is the man; he was taken to the watch-house.

EDWARD KNOWLAND sworn.

I am a watchman; I cried the hour of two, and was setting in my watch-box; I heard the call, and went, and Daniel Petit gave the charge of the prisoner; and I took the sheep and the prisoner both to St. Giles's watch-house; the sheep was killed in Bloomsbury-market: and I have got the skin here.

(Produced.)

DANIEL BOSWEL sworn.

I am a drover to Thomas Wells ; and this skin is his property.

Where did you mark it? - At Crisloe in Buckinghamshire; it hath a round ring, and W. on it, which I put on myself; it is Mr. Westcoat's sheep; and Mr. Wells is his salesman; and Mr. Westcoat delivered

them to me for Wells: and I delivered them to Daniel Petit at Paddington; there was only nineteen marked in this way that morning.

Did you deliver any other sheep at Paddington, besides Mr. Wells's? - None besides Mr. Wells's; all the sheep which Mr. Wells was answerable for, I gave to this drover.

Do you hold the salesman is answerable for them before they come to market? - Yes, the moment they are given to me.

Court to Knowland. Was you at the killing of this sheep? - I was, and have kept the skin ever since.

PRISONER's DEFENCE.

I was very much in liquor, and locked out of my lodgings, it being two o'clock when I went home: I had been drinking with Newland; so I went up to go to the Duke's Head; and going along I met this drove of sheep coming down St. Giles's; some coaches stopped till the drove passed; they had a dog which divided them; and up the street the sheep went; I was going on the foot-way; the sheep was on the foot-way before me; then the drover came up; what answer I gave him I do not know: this Knowland comes up, and takes hold of me, and takes me to the watch-house: I was so drunk I could not see through a story ladder.

Court to Boswell. Was this man drunk or sober? - I think he was much in liquor.

Court to Knowland. Was this man drunk or sober? - I do not think he was perfectly sober; he behaved very quietly.

Court to Petit. What did you think of him? - I do not know that he was drunk; he did not attempt to run away.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17900224-41

277. WILLIAM FOX was indicted for feloniously stealing, on the 28th of January , in the parish of Hampstead , four guineas in gold, and eight shillings in silver , the monies of William Assiter .

WILLIAM ASSITER sworn.

I am in the brick-making line, at the Cock and Hog, West End; I came home with the Hampstead stage; I went to bed at my lodgings, while my house was fitting up; I had four guineas in gold, and some silver; and I lost them from the room in which I lay; they were in my pocket; my breeches that night was put by the side of my bed, under my head; I looked at my money by the fire, before I went to bed, and saw I had the four guineas, but I am not certain to the silver: I saw the prisoner take up my breeches; he had worked for me almost ever since Michaelmas; it was about eleven o'clock at night, after I was in bed, a little.

Was you asleep when he came into the room? - No; he came and stooped down: I heard his feet: and took up my breeches, by the light of the fire, and took out the money, and chucked them down again; I heard the jingle of the money: I did not see him go; I wondered how he could do that: he went away out of the room: Mrs. Scott came up; I thought I would get some men up and take him: I had a great mind to let him stay till the morning; this took up some time; it might be after eleven; but the constable and I had something to drink; I took him into custody, and said to him, Fox, how much money have you got in your pocket? he told me, about five and twenty shillings; I asked him to let me search; he says, here is my coat, my waistcoat, and my breeches; and there was about four guineas; however, the constable made a memorandum.

ELIZABETH SCOTT sworn.

I know Mr. Assiter; he has lodged in my house for some time. Fox was missing out of the tap-room that night he was robbed; after being out some time I thought I heard a walking in Assiter's bedroom; I ran up to the bed-room and saw Fox; I asked him what business he had there; he made me no answer, but went

down again into the tap room; and I followed; and he went with the two men that were drinking with him before; when they were all gone out I went to Assiter, and asked him what business he had with Fox in the room; he directly said he was robbed of his money; I went and called the lodgers up; and he went to Fox's lodgings directly.

RICHARD HILL sworn.

I am a labourer. William Fox worked along with me for Mr. Assiter. On Saturday night before this happened, on the Wednesday, he had no money to take; he was in debt; on Wednesday night, when Mr. Assiter went to him in bed, he said, he had five and twenty shillings; he delivered his clothes up to be searched, and there was four guineas and some silver shook out of his pocket; and the constable took him to the watch-house.

THOMAS JACKKSON sworn.

I am a labouring man. The last Saturday night he was in debt at the publick-house: I saw the money shook out of his pocket in bed, four pounds, eleven shillings, and ten-pence farthing; I lodged in the house where Fox did; and work for Assiter.

The prisoner called two witnesses to his character, and the prosecutor likewise gave him a good character.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17900224-42

278. ROBERT WEALD was indicted for feloniously stealing, on the 8th of January , a linen shirt, value 5 s. and nineteen guineas and a half, and two half crowns , the monies and goods of Thomas Close .

Another Count, stating it to be the property of Robert Povey .

THOMAS CLOSE sworn.

I am not a housekeeper; Mr. Povey is the landlord, and lives there, and lets the rest of the apartments: I lost the things by the room door being forced open, and two boxes; it was the 8th; I went out about seven in the morning, and came back within a quarter of twelve at night.

How did you find your door when you came back? - I locked it, and carried the key down to the landlady, to make the bed; when I came home I found the door open; the staple of the door was forced back, and I went and looked at my boxes, and found them broke open, and all my property gone; I have never had any of my property but one shirt; it is in the constable's hands; the constable has it here.

As to the door of the house, was that broke open? - I cannot say to that.

Mrs. POVEY sworn.

The house belongs to my husband, we live in it; and let part of it to lodgers. I went up stairs, as usual, about four o'clock, to make the bed, and at that time every thing was safe; I had the key till the time he came home? I know Mr. Close had boxes in the room, but I know nothing what was missing.

THOMAS TING sworn.

I am a constable. I have a shirt I took off the prisoner's back, on the 2d of February.

(Produced and deposed to.)

JAMES SHALLARD sworn.

I went along with Ting, at the apprehending of this man, and saw the shirt taken off his back.

WILLIAM WEAVER sworn.

I keep the Green Man, in the New-road, Marybone. On Friday, the 8th of January, the prisoner came to my house, in the afternoon, and continued there all the day; and I was desired to take care of some money which he had; it was ten guineas and a half: a patrol before my house sold him a watch for three guineas, which I saw, as well as saw him let a friend have a guinea.

Court to Close. Did you see the lodger in the house the 8th of January? - No, I did not, but he lodged there at that time, and absconded ever since.

PRISONER's DEFENCE.

I was out at work at Whitechapel, from the 9th of January, for three weeks.

HANNAH MAYHEW sworn.

I can swear to making this shirt for Mr. Close.

The prisoner called one witness to his character.

GUILTY of stealing.

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17900224-43

279. ABRAHAM BRISTOW was indicted for feloniously stealing, on the 16th of January , in the parish of St. George, Hanover-square , a silver watch, value 40 s. four silver tea spoons, value 4 s. a pair of silver tea tongs, value 4 s. the goods of James Driver .

MARTHA DRIVER sworn.

I am the wife of James Driver . On Saturday, the 16th of January, the prisoner came to the room, about eleven in the morning; over the stable; I gave him a glass of liquor to drink; he hath been a servant , and is a relation; I left him and went backwards; he called to me, and said, he was going; I went to look what it was o'clock, and missed the watch, which hung up by the fire side; I went to a corner cupboard, and missed four tea spoons and sugar tongs; I have seen them at Hickes's-hall; on the Monday following the pawnbroker carried them there.

This poor creature is a relation of your's? - Yes, he is; I always thought him a very honest creature before this.

JEREMIAH MILLS sworn.

The prisoner brought this watch the 16th of January to our house; I lent him eighteen shillings on it; and with the money he took out some wearing apparel.

JONATHAN BAKER sworn.

I produce four spoons and one pair of tongs, pledged with me for eight shillings.

(Deposed to.)

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

Recommended to mercy .

GUILTY (Aged 28)

Imprisoned one month .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17900224-44

280. JAMES FRANKLIN was indicted for feloniously stealing, on the 18th of February , one cotton gown and coat, value 5 s. the goods of William Far .

Mrs. FAR sworn.

I am wife of William Far . I live at Paddington . On the 18th of February I washed a cotton gown and coat, and hung it in the yard about twelve at noon; the yard is close to the house; it hung there till pretty near three o'clock; I had seen it not above a quarter of an hour before I missed it: I never heard any more of it.

ANTHONY GAUNT sworn.

I live at Paddington. On Thursday, the 18th of February, I was in my master's business; and see this man about three o'clock, about Mr. Far's house; the prisoner was on the outside of the garden, near the fence; I saw him walking backwards and forwards some time; I saw him pull down a board to make a hole in the fence; he ran in, and I saw him draw something from the inside of the garden, and he stuck it under his arm, and ran out, and ran across the fields; he was too far ahead to catch him, so I went to meet him, which I did at Tyburn-turnpike; he saw me, and ran across the road, over Hyde-park wall, and made the best of his way for the

Park-gate; and I, going down Park-lane, met him at the gates; I laid hold of him, and asked him, what he had got there? he said, nothing; I said to him, what is that you pulled out of that garden? he pulled it out, and says, here is what I got; it was a cotton gown; he said, he took it out of the garden: I took him to my master's counting-house; where I took it of him, and him to the watch-house; the gown has been in my possession ever since. He told me that day he came out of Clerkenwell.

(The gown produced and deposed to.)

What is it worth? - Five shillings.

GUILTY (Aged 22.)

Transported for seven years .

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

Reference Number: t17900224-45

281. THOMAS CHASLIN was indicted for feloniously stealing, on the 25th of January , in the parish of St. Giles's in the Fields, two leather boots, value 10 s. the goods of Henry Bell .

HENRY BELL sworn.

I live in High Holborn . I keep a shoemaker's-shop .

When did you lose these boots? - On the 25th of January.

ANN BELL sworn.

I am the wife of Henry Bell . On the 25th of January, about seven in the evening, the prisoner came into the shop; I was just within the parlour door, and saw him; and took two boots off two nails, which hung in the middle there were three lamps at this time: I was sitting in my parlour to watch the shop: he ran out; I went to the door, and called out, stop thief! the patrols stopped him, Michael Stack and John East : he was brought back to my shop: I am very sure it is the same person: the goods were not upon him when brought back.

Had you lost sight of the person from the time of his taking them, to his being brought back again? - No; he was brought back immediately; almost: I picked up the boots at the door of the next house.

MICHAEL STACK sworn.

I am a patrol. On the 25th of January last, my partner, John East and I, were standing in Holborn; I heard the word stop thief; I was within thirty or forty yards from Mr. Bell's shop, just the other side of the street; and saw a woman running in pursuit of the prisoner at the bar; who was also running; the prisoner got a bit a head of her; my partner and I pursued him, and brought him back; he had nothing with him.

Did you find any boots any where? - No; Mrs. Bell had them in her own shop: she owned them and the prisoner, immediately.

Prosecutor. The patrol took them to the justice, and he marked them, and gave them to me to take care of.

(The boots produced and deposed to, by the prosecutor's cutting, and the man's make.)

They might have been made about two months.

PRISONER's DEFENCE.

I was going to my uncle's, who keeps the Green Man, at Marybone, and coming back I heard the cry of stop thief; and the patrols laid hold of me.

GUILTY (Aged 18.)

Publickly Whipped .

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

Reference Number: t17900224-46

282. MARY BUTCHER was indicted for feloniously stealing, on the 11th of February , in the parish of St. Clement's Danes, one silver table-spoon, value 5 s. two silver tea-spoons, value 2 s. one linen towel, value 12 d. the goods of Mary Watson .

Mrs. WATSON sworn.

I live at the Angel-inn, the back of St. Clement's : on the eleventh of this month, I suspected the prisoner, having missed a number of things before: the prisoner was my servant , and had lived with me not quite three months; I examined her box; she opened it herself; I found a number of articles, and amongst the rest, a towel; I examined her person afterwards, and found under her cap, a table spoon in her hair: I have got the table spoon, and kept it ever since.

(Deposed to.)

GEORGE TAPP sworn.

I live at Mr. Watson's: the prisoner went out of our yard on the 11th of February, after she was searched by my mistress; she went down to a vine vaults to get some refreshment; and when she came out, she gave me this huswife; and the duplicates are in it; I carried them to the bar; she gave them to me to let her go about her business; I told her she had better come and settle with my mistress: my mistress took them.

Mrs. Watson. Tapp brought the duplicates to me; and I carried them before Justice Bond; and he summoned the pawnbrokers, Hawkins and Sowerby.

Mr. HAWKINS sworn.

I am a pawnbroker: on the 11th of December, a tea-spoon for fifteen-pence was pawned at my shop; (the tea-spoon produced); I am not sure the prisoner at the bar is the person.

Is that the duplicate you gave? - Yes.

Tapp. I did not look at any of them.

Mrs. Watson. I can swear they are the very duplicates I took out of the huswife.

THOMAS SOWERBY sworn.

I am a pawnbroker: on the 2d of December, a person came to me, and pledged a tea-spoon for eighteen-pence; I asked if it was her own property? she said, yes: I cannot take upon me to swear that the prisoner at the bar is the person.

Did you deliver that duplicate to the person who pawned the spoon? - Yes.

(Produced and deposed to by Mrs. Watson, as before.)

GUILTY (Aged 29.)

Transported for seven years .

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

Reference Number: t17900224-47

283. MARY DIGHTMAN was indicted for feloniously stealing, on the 4th of January , one linen sheet, value 4 s. one woollen blanket, value 2 s. a pillow-bier, value 2 s. an iron pot, value 4 s. the goods of Nathaniel Skuse , being in a lodging room .

NATHANIEL SKUSE sworn.

I live in George-street, Spitalfields, in the parish of Christ Church : some time ago I let the prisoner a lodging; she lodged at my house in January last; she was a lodger, and the other woman with her, Mary Brass , in a one pair of stairs room, paid for by the week, and ready furnished, with a bed and bedding, and an iron pot, a table, a single sheet, and a blanket; they had a bed between them, and furniture.

What did you lose? - I have lost two sheets; I cannot tell when: it is a good while past since I let these lodgings, about half a year, perhaps; they pay two shillings a week, one shilling each of them.

When did they leave it? - Last Saturday.

Did you go into it after they left it? - They sent me the key; and at night the prisoner came home drunk; and I charged the prisoner, and found the things at the pawnbroker's, Mrs. Tate's.

Mrs. TATE sworn.

I keep a pawnbroker's shop in Catherine-wheel-alley, Whitechapel: the prisoner and Mrs. Brass together, pawned the sheet on Monday, January the 4th; I remember her perfectly well; she brought also one blanket for eight-pence, December the 28th, an iron pot for four-pence, the 28th of December, a bolster for four-pence, the

11th of November; the things are all in the name of Brass.

But did this woman come with Brass? - I am positive to giving her the money for the sheet.

(The things produced and deposed to.)

- LEVY sworn.

I know this to be Mr. Skuse's property; I have lodged in his house, and am always in the rooms that he lets; the lodging was let to this woman, to work there; and she took in Mrs. Brass as her companion.

PRISONER's DEFENCE.

Mrs. Brass and I took the room as a two-penny lodging; though necessity I pawned the blankets for eight-pence that I owed; and could not, through necessity, raise the money to get them out.

GUILTY .

Privately Whipped .

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

Reference Number: t17900224-48

284. JEREMIAH BOWERS was indicted for feloniously stealing, on the 18th of February , in the parish of St. Sepulchre, three pounds of white soap, value 1 s. 6 d. the goods of Joseph and William Story .

WILLIAM PETERS sworn.

I live with Mess. Story: I am a yearly servant; Mr. Story's warehouse is in Sharp's-alley, Cow cross : on the 18th of February, I was driving the cart up Sharp's-alley about eleven o'clock; and as I was driving up the cart, the prisoner jumped up behind the cart; I had hold of the horse's head, it being up hill; he took out this piece; there was about a ton of soap in the cart; there was a man near; I halloo'd to the man to take care of the horse and cart; the prisoner went into a public-house near, and held the door on a jar; and just as I got to him, he says, here is your soap: I went and fetched an officer, and gave him charge; he stood at the corner of the door; and the man who had hold of the horse, kept his eye on him: there is about three pounds and a half, worth sixpence a pound: I do not know what the prisoner is, except by sight.

THOMAS CROSSLEY sworn.

I am the officer; and took him into custody; he owned to the robbery.

PRISONER's DEFENCE.

I saw this cake of soap laying on the ground, and I picked it up, and looked about to see if there was any owner for it; and as soon as there was, I returned it.

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

NOT GUILTY .

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

Reference Number: t17900224-49

285. JOHN BREWEN was indicted for feloniously stealing, on the 25th of February , in the parish of St. John, Wapping , eight yards of rope, called head-fast, value 4 s. the property of Thomas Laster .

THOMAS ANDERSON sworn.

I am a wharfinger, and have the care of his barge; he is in the coal way.

JOSEPH BROWN sworn.

On the 6th of February last, I was acquainted that the head-fast of the Prosperity barge was gone, by Edward Anderson : and I was desired by my master, John Ridley , to go and see whether I could swear to the head-fast; I went, and knew it to be the same which I had affixed to that barge: Mr. Laster keeps this barge for a warehouse, and I have the care of it; it was unreeved the end all out of the noose which we fasten it with: it is worth about three shillings and six-pence, or four shillings.

JAMES ASH sworn.

I am a constable: on the 5th of this month, between eight and nine in the

evening, I was at King Edward's stairs; I saw two people coming on shore in a wherry; one of them made a very odd expression, that they had got a shoal; I kept in, and the prisoner came up with the head-fast on his shoulder: I have kept it in my possession ever since; I took the prisoner to the watch-house, and went home and got a lanthorn; and knowing the premises well, I went over, and missed the head-fast from this same Prosperity barge.

(The head-fast produced and deposed to by Brown and Anderson.)

PRISONER's DEFENCE.

I asked two young fellows at Blackwall stairs to give me a cast up, which they did, to King's Head stairs; one of them had this on his shoulders, and asked me if I would carry it up for him.

GUILTY (Aged 15.)

Transported for seven years .

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

Reference Number: t17900224-50

286. DANIEL FISHER was indicted for feloniously stealing, on the 1st of February , one pair of breeches, value 12 s. one linen shirt, value 9 d. one pair of worsted stockings, value 3 d. the property of William Dewett .

WILLIAM DEWETT sworn.

I am a labouring man : I live in Denmark-street, Ratcliffe-highway : on the 1st of February, Daniel Fisher entered into my room between five and six in the evening; he came with Mr. Harlem; they were quarrelling below, and I went down, leaving the prisoner and the other man in the room: when I went out, the other man came down, and left Daniel Fisher in the room; when I came up again, being absent about an hour, I asked for Fisher, and he was gone: I did not miss any thing at that time, till the next morning, when I missed my breeches from a nail where they hung the evening before: I am sure they were there when I went out: my shirt and my stockings I likewise missed: after I missed my things on Tuesday, having suspicion of the prisoner, I went after him, and found them at a girl's where he is sometimes; and I went enquiring about at the pawn-brokers, and found my breeches: the pawn-broker's name is Nightly, in East Smithfield; I found the breeches there, and nothing else; I got the shirt and stockings from the girl the man keeps; the pawnbroker has had the breeches, and I the shirt and stockings; (produced and deposed to); after I had found the things, I had him taken up by an officer: he denied it, till I found it in his pocket; he owned at first to the shirt and stockings.

SARAH LAWLER sworn.

I live in Black-horse-yard, East Smithfield; I was sitting at the sign of the Shovel, the first day of the month, on Monday night, between eight and nine; and Daniel Fisher came and asked me if I would be so kind as to take care of a shirt and a pair of stockings for him till morning; he told me he got them from his washerwoman; I took them from the prisoner; he said they were his own; then I came and told Dewett that he was coming; and while I was gone, the things were gone; I did not see the prisoner take them; I ran after him, and took the shirts and stockings from him; it was in a minute after she called to me; and I ran after him, and took them from him; I never opened the things; but I know they were brown stockings and a white shirt; I know nothing more.

- BEAR sworn.

I am an officer: Dewett brought the man up, and gave him into custody to me on Tuesday morning; on searching him, I found the duplicate in his possession; I have had it ever since.

Prisoner. Did not I deliver the duplicate myself? - Yes.

URSULA BOSTOCK sworn.

I am servant to Mr. Knightley, the pawnbroker: on Monday, the 1st of February, between six and seven in the evening, the prisoner came to our house, and pledged a pair of breeches for five shillings: I never saw him before; they are pledged in the name of John Williams , Denmark-street: I asked him no other question; he was much better dressed then; I saw this duplicate wrote the next morning; Mr. Dewett came and claimed the breeches; I have had them ever since.

(Produced and deposed to.)

JOHN ALLEN sworn.

I was at Dewett's room when this affair happened; there was nobody left in Dewett's room after he went out, except myself and the prisoner; then I went out, and left the prisoner in the room alone, there being a riot below; and then I went up again, and there was no other person in the room but the prisoner; I then staid about ten minutes; then I went down again and left him in the room; then I went with Dewett to the justice's for a warrant; then I went back to the room, and found the prisoner with the prosecutor's wife; then Dewett's wife and the prisoner went out together; I set there till Dewett's wife came back; but Dewett did not return with them: when the prisoner went away, he had a small bag with him; but not having any suspicion of the prisoner, I did not take notice of what he had: I went at the request of the prisoner, to the prosecutor, in order to make up the difference between them: but Dewett would not make it up.

Prisoner. It was Dewett sent to make it up; I did not send to him.

Allen. No; I went on my own account to make it up from them, but could not; the prisoner told me if Dewett would not make it up, he would put him in gaol, and send him out of the country.

Court to Allen. Did the prisoner tell you so? - Yes, my lord, he did.

PRISONER's DEFENCE.

The shirt and stockings I bought; and the breeches belong to James Williams ; he sent me to pawn them for five shillings; and I gave him the money, and we went to a public house and had a pot of beer; and whilst we set there, I bought the duplicate of Williams, in order to take out the breeches myself; I offered him one shilling for it: and if he did not come on Saturday night to the sign of the Shovel, I was to have it for the shilling; but if he came, he was to have it back again: I was at Mr. Dewett's house on Monday evening; that makes him think I took the things; I knocked at the door, and heard a great confusion within; there was a fight; and there came out a great crowd of people; I went and asked him what was the matter? he said a woman had challenged his wife on Sunday, and they were to meet that evening.

GUILTY .

Transported for seven years .

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

Reference Number: t17900224-51

287. JOHN CANE was indicted for stealing, on the 19th of September , a silver table-spoon, value 6 s. the property of John Hack .

JOHN HACK sworn.

I am a porkman ; I lost a silver tablespoon; I cannot be positive when I lost it: it was pawned with Mr. Watts the pawnbroker.

A WITNESS sworn.

I was servant at the time to Mr. Read of Fetter-lane: I produce a silver table-spoon pledged for six shillings on the 19th of September, marked I. H. M.; I do not remember its being pledged; it was pledged in the name of Mary Batley , on the 19th of September, as appears by the duplicate.

(The spoon deposed to.)

JOHN THOMPSON sworn.

I am a peace officer: on Saturday, the 16th of January, or thereabouts, I was sent for to Mr. Hack's; and the prisoner (who was his servant ) his box was brought down, and searched, and this pocket book (among other things) containing this duplicate in the name of Mary Batley , pawned the 19th of September, at Mr. Read's in Fetter-lane; as soon as we found the pocket book, and this duplicate (among others) he then said he had taken the spoon, and that it was his master's; he fell on his knees, and asked for mercy; I told him to take notice I offered him no favour.

Court to Prosecutor. Was this man in your service then? - Yes; I said to him, how came you to have these duplicates of silver spoons in your possession? he cried, and downed on his knees, and said it was mine.

PRISONER's DEFENCE.

It is the first time I ever was guilty of any thing of the kind: I hope you will take it into consideration.

GUILTY .

Recommended to mercy by the Jury.

Court. I am very sorry, gentlemen, I cannot concur in your recommendation. First, he is a servant: a servant is bound to protect our property, and not pilfer it; and we are always strict with servants: but besides that, there is a second indictment against him; though that evidence was not proper to be given in this case: under these circumstances, therefore, I dare to say you do not wish to press that recommendation any farther.

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17900224-52

288. JOHN PHILLIPS was indicted for burglariously and feloniously breaking and entering the dwelling house of Joseph Nicholson , about the hour of seven in the night, on the 16th day of February last, and burglariously stealing therein, thirteen yards of woollen cloth, called toilenett, value 5 l. his property .

JOSEPH NICHOLSON sworn.

I am a woollen-draper : I live in Duke-street, Aldgate , in the parish of St. James's, Duke's-place: between six and seven on the 16th of February, in the evening, I was applied to by the witness, George East , to serve him with some cloth; I served him; he gave me a bill of twelve guineas, to discount it: I was very intent on casting up the account with him; and I lifted up my head, and saw a piece of cloth going from the window of my shop: I called out, there is a thief, stop him: and East ran after him; and I saw him strike him, and make him drop the goods: that was the prisoner: this was at the door of my shop; I believe the door was fastened to the best of my knowledge, but I cannot say positively; I ran round the counter, and out of the door: East was running, and ran fastest, and caught the prisoner, and brought him back to my shop; I did not positively see the things drop from him; I saw the prisoner's hand in the shop, not his body.

GEORGE EAST sworn.

I was in the prosecutor's shop on Tuesday evening, the 16th of February, buying cloth for three great coats: Mr. Nicholson had just served me, and tied up the parcel; I gave him a bill for twelve guineas, and he was casting up the change; I saw the prisoner open one half of the door, and come in; but whether the door was shut fast or no, I do not know; the prisoner came into the shop, and reached down this piece of woollen ratteen: Mr. Nicholson cried out, a thief! a thief! stop him: I then seeing the boy with the goods, making out of the door, I followed him, and struck him over the arm, and he dropped the goods, and ran; I said, if you run, I will knock you down immediately, for you are the person; then he stopped, and walked: Mr. Nicholson came up, and took him, and sent for a constable.

Court. Was it light enough in the street to see a man's face by the light of the day? - No, not by the light of the day; it was not.

JACOB JACOBS sworn.

I produce a piece of toilenette, delivered to me by Mr. Nicholson, on the 16th instant.

Nicholson. This is what the boy dropped; it is mine; I know it by a pattern being cut out.

PRISONER's DEFENCE.

Coming along shoe-maker's-row, they took me, and said I was a thief.

Court to prosecutor. What was the fair value of the goods? - Between five and six pounds.

(The cloth handed to the Jury.)

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

NOT GUILTY of the burglary, but GUILTY of stealing in the dwelling-house, to the value of 40 s. Death . (Aged 16.)

Tried by the London Jury before Mr. Justice GROSE.

Reference Number: t17900224-53

289. JOSEPH WAITES was indicted for stealing, on the 16th of February , one hundred pounds weight of old rope, value 4 s. the property of Walter Walker .

Walter Walker , Michael Lowly , William Smith , and Thomas Osborne called on their recognizances, and not appearing, the prisoner was

ACQUITTED .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17900224-54

290. THOMAS WILLIAMS was indicted for stealing, on the 15th of February , a bacon ham, containing fourteen pounds weight, value 5 s. the property of Richard Price .

RICHARD PRICE sworn.

I am a cheese-monger . On the 15th of February, about a quarter after five, I was in the counting-house, and I heard a child say, a man has taken a ham; my boy, John Davis , pursued him.

JOHN DAVIS sworn.

I saw the prisoner take a ham, about five, on the 15th of February; I pursued after him; and took him with the ham under his arm, just turned the corner of Red-lion-street, Whitechapel; he was running as fast as he could; I never lost sight; and going to catch him, he dropped the ham; I saw him drop it; I picked it up: the ham is here; it has been kept separate: I know it to be one of my master's hams; it was hanging at the door then: when I came back there was a ham missing.

PRISONER's DEFENCE.

I never took the ham, I declare to God; I saw a young fellow drop it, in a red coat. I am a sailor .

GUILTY .

Publickly Whipt .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17900224-55

291. GEORGE KING was indicted for stealing, on the 22d of January last, half a guinea , the monies of Sarah Brown and Elizabeth Bamber .

ELIZABETH BAMBER sworn.

I am partner with Sarah Brown : we are grocer s. On the 22d of January last, I was in the parlour, behind the shop, on hearing a noise I opened the door, and turning round, saw three boys in the shop; I saw the prisoner behind the counter in the act of reaching over to the two boy s that were before the counter; I laid hold of the prisoner; the other two boys made off; and I missed half a guinea from the till; the till was unlocked; I asked the prisoner if he took it out; he was much agitated, and said, the other boys bid me;

I led him round the counter, to the door; at that instant the Reverend Dr. Martin came by, and assisted me; the boy confessed there were twelve in a gang: I am sure his confession was through fear; I never promised or threatened him. I wish to recommend him to mercy. He said, he had no friends.

Court. How old is the prisoner? - Turned of nine.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17900224-56

292. ROBERT JONES was indicted for burglariously and feloniously breaking and entering the dwelling-house of Philip Goads , about the hour of seven in the night, on the 25th of February , and burglariously stealing therein a callico muslin shawl, value 7 s. his property .

PHILIP GOADS sworn.

I am a house-keeper, No. 19, Chandos-street . On Thursday last, about seven in the evening; there was candles in the shop; I was in the room adjoining the shop; my wife cried out, I am robbed of a shawl; I immediately pursued the prisoner, and took this shawl from under his coat, and have kept it ever since; I did not hear the breaking of the window, but when I came back I found it was broke; it is in the street.

Mrs. GOADS sworn.

I am the wife of Philip Goads . I was sitting in the shop at work, and a hand burst through the window and tore out the shawl; I immediately screamed out; and my husband ran after him, and brought him back: my husband brought the shawl to me, by order of the justice, and has kept it locked up ever since. (The shawl produced and deposed to.) It hung up for show in the shop: I keep a small milliner's.

PRISONER's DEFENCE.

As I was going along Chandos-street saw a man running; he passed by, dropped this shawl; I laid hold of it; this gentleman came and took hold of me.

The prisoner called two witnesses to his character.

GUILTY of stealing.

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17900224-57

293. JEREMIAH CAREY was indicted for feloniously stealing, on the 12th of February , in the parish of St. Mary, Isleworth , forty pounds weight of leaden pipe, belonging to Thomas Ball , and fixed to his house .

JAMES BARNES sworn.

I am a carpenter. This house was repairing: it was an empty house. This man came in the morning to work, as usual; he is a bricklayer's labourer ; he had been at work three days, and was discharged; the fourth day, in the morning he took his tools away, and went about his business; he came in the evening lurking, in, and near the house; I saw him then; he was catched in the evening by me, and others; I saw him lay the lead, to take away.

THOMAS CHAPMAN sworn.

I am a carpenter. On Friday morning I went to work, as usual, and heard a person walk in the cellar; I steps to meet my master, and told him there was somebody in the cellar; and I heard the water flush in it: my master bid me go in; I went in; and the man was creeping through the joists of the cellar; I stopped while he got up on his feet, and then I collared him; a constable was had; and he was taken to justice Blackborough.

Was the cellar dry when you left it at night? - The leaden pipe lay upon the floor, along the wall, where he stood upon the

joists over the cellar; that had been broke

Did it appear to be newly broke off? - Newly broke off, sixteen feet: the long pipe was never found.

Did you find any leaden pipe about the cellar loose? - Yes.

Was that any part of what was broke off? - No: none of that was in the cellar; this lead, produced, was found in the house, on the floor of the cellar; these were broke off the back of the house, and it corresponded; I compared it; the prisoner was just under it: I can swear to this one piece, for I made a trough to fit it, the day before.

JOHN MATTHEW sworn.

I am a taylor: I was going by the door at the apprehending of this prisoner, and they called me in to assist; and I gave them a light; and they gave a ladder, to go down below, to see if any one else was below: I did not see any thing about the prisoner: the lead lay upon the floor; but whether all this lay there, I cannot positively say.

Was he near the lead or not? - When I came in with the candle I did not see him nigh, because he was under, in the cellar, and the lead was above.

You went in with these two men at night; where was he? - Coming out of the cellar: I found the lead just laying by the place where he broke in at; the boards were nailed down at night and broke open in the morning; I saw it nailed myself.

PRISONER's DEFENCE.

As I was going along, at seven o'clock in the morning, I saw two men standing at this door; I thought the carpenters were at work; I went in; and was coming out again, when they came in and opened the door.

GUILTY (Aged 42.)

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17900224-58

294. WILLIAM FISHER was indicted for feloniously stealing, on the 14th of February , in the parish of St. James, Westminster , sixty pounds weight of veal, value 20 s. the property of William Steel .

William Steel not attending, the prisoner was

ACQUITTED .

Reference Number: t17900224-59

295. WILLIAM JOHNSON was indicted for stealing, on the 17th of February , in the parish of St. Dunstan, Stepney, two twelve foot three inch white deals, value 12 s. the property of Joseph Hanks .

JAMES FENN sworn.

I am a servant to Mr. Hanks. These deals were in his yard, in Limehouse-hole ; I saw the prisoner take them; he took them from among sixty, about five o'clock in the afternoon, on Wednesday, the 17th of this month; he was proceeding towards Limehouse church, but they being heavy, he pitched them; when I come up to him, as he was resting, and he informed me they were too heavy for him.

Were there any deals there, except your master's? - No.

THOMAS BADCOCK sworn.

I am a constable. The deals were delivered to me, and the prisoner; the deals are at the door.

PRISONER's DEFENCE.

A man asked me to carry these two deals to Ratcliff-cross, and I will satisfy you for it accordingly; I rested them against the wall, and this gentleman came up.

GUILTY (Aged 35.)

Publickly Whipped .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17900224-60

296. WILLIAM PATEMAN and EDMUND PATEMAN were indicted for feloniously stealing, on the 15th of February ,

in the parish of Enfield , a table, value 7 s. the goods of John Maudsley .

The witnesses called on their recognizance, and not appearing, the prisoners were

ACQUITTED .

Reference Number: t17900224-61

297. JOHN STUDLEY was indicted for stealing, on the 2d of February , in the parish of St. Michael, Cornhill, one cotton handkerchief, value 1 s. the goods of Launcelot Brewer .

LAUNCELOT BREWER sworn.

I am a merchant . On the 2d of February I was walking through Bell-court , and all of a sudden I thought something catched my coat, though I neither heard nor saw any body; I turned myself round, and saw the prisoner going away through Bell-court, into Cornhill, walking; I cried out, stop thief! he was stopped: I never lost sight of him; the street constable asked me what was lost; I told him, I lost my handkerchief; I stepped up to him, and he gave me the handkerchief.

CHARLES SILK sworn.

I am the street-keeper of Cornhill; I saw the prisoner give the handkerchief to Mr. Brewer and Mr. Brewer gave charge of him.

GUILTY . (Aged 26.)

Confined six months in the house of correction , and publickly whipped .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17900224-62

298. JOHN HYSON was indicted for feloniously stealing, on the 3d day of February , in the parish of St. Sepulchres, one hempen rope, value 3 s. and one iron hoop, value 2 s. the property of Messrs. Bell and Combrune .

THOMAS CHAMBERS sworn.

I am a drayman to Messrs. Bell and Combrune, in Golden-lane . I was ordered to go with three butts of beer; after I had done, we laid our tackle down, as we usually do; we then put them on the dray, while we went in to have a bit of victuals, and when we came out the rope was gone.

THOMAS COLLINS sworn.

I am a headborough. I went to the prisoner's room, on the 8th of February, in the morning; he was in bed; it was about eight o'clock, on Monday; I asked where he got this rope? he said, he found it, he picked it up in the street: on the next day I found the hoop at an old iron shop, in Turnmill street, hanging for sale.

JOSEPH ALLVERS sworn.

I keep an iron shop in Turnmill-street; and this iron hoop was brought for sale, but I cannot say by whom.

JOHN JONES sworn.

I am a headborough. On the 8th of February, I went to Hyson's room, and it was padlocked; we broke it open, and brought this rope from out of his room.

Court to Thomas Chambers . Can you swear it to be the rope of your master's? - I cannot; I can swear to the hoop.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17900224-63

299. THOMAS PERRY was indicted for feloniously stealing, on the 23d of January , in the parish of St. Lawrence, Poultney , one quart glass bottle, value 2 d. the goods of Thomas Popplewell .

And a second Count, charging him with feloniously stealing the same, the property of Thomas Popplewell , Thomas Harris , and Priscilla Harrison .

(The case opened by Mr. Garrow.)

THOMAS POPPLEWELL sworn.

I carry on the business of a glass seller . This servant had been with me eleven months, and a few days: I received some information that induced a suspicion against the prisoner, and directed he should be watched.

Mr. Garrow. You had a partner? - Yes; his name was Henry Janson ; he is dead; I am the surviving partner; Priscilla Harrison , who was the administratrix of Mr. Janson, has married Mr. Thomas Harrison , and so they are in some degree in partnership with my business, and interested in the trade.

GEORGE BROWN sworn.

I am a servant of Mr. Popplewell's; and was directed to watch the prisoner at the bar; I saw him take a bottle out of a prickle, and step to the door with it; and afterwards Mr. Janson came and told the prisoner he might go home for that time; which he did; and I went after him, and brought him back, and found a glass bottle concealed in his smock frock, as low down as his knees; he had a surtout coat, and under that a smock frock; there was a place, seemingly made on purpose to hold a bottle; he seemed very sorry, and asked Mr. Popplewell a thousand pardons; I have no doubt in the least to it's being Mr. Popplewell's property.

FRANCIS JANSON sworn.

When I came home I directed this man to go; then Brown called him back again, and he took the bottle out of some part of his dress; he, himself, admitted, he took the bottle, but that it was to carry home some liquor to his wife.

PRISONER's DEFENCE.

I had this bottle to bring some small beer in, as the prosecutor did not like to see a pint of porter brought in, while we were washing the bottles.

Court to Janson. Was there any thing in the bottle? - No; it was a new bottle, and nothing in it; it had the bloom on.

The prisoner called one witness to his character.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17900224-64

300. THOMAS TAYLOR was indicted for feloniously stealing, on the 5th day of February , in the parish of St. Sepulchres , one wooden rule, value 6 d. and one wooden plane, value 3 s. the property of John Wills .

JOHN WILLS sworn.

I am a press maker . I lost a wooden rule and plane, from my shop; I did not see the prisoner take it; I saw it the day the prisoner came to dispose of an axe, to sell; I knew him before, by doing work for me, as a smith ; this was on Friday, the 4th or 5th of last month: I had no money for this axe; I went out to borrow the money, and left him in the shop, and came back and paid him for the axe; I missed them presently after; having suspicion of the prisoner, I found my rule.

WILLIAM BEGGS sworn.

On the 15th of February, on a Friday, I saw the rule on the prisoner; I knew it was my master's, by it's being burned with using it, and another mark: I am his servant: about a fortnight after I saw the prisoner with the rule, and informed my master, that I believed the man he bought the axe of, had got his rule; he told me to go and tell him he had got a job to do; so he came and threw it down on my master's work bench, himself; and before this he had said he had none, he had left it at home.

Are you sure it is your master's rule? - Yes, I am sure so: my master had him taken: my master has had the care of it ever since.

(The rule produced and deposed to.)

PRISONER's DEFENCE.

I bought the rule for sixpence; it was not burned; one of my little girls put it into the fire; and on that day he bought the axe we went out to drink a pot of beer together.

The prisoner called Mary Carter and John Denham , who had heard the prosecutor speak of the loss of the rule, but not of the

plane, till this morning; they, together with Thomas Boddle , gave him a good character.

GUILTY of stealing the rule . (Aged 37.)

Privately Whipped .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17900224-65

301. THOMAS ANDERSON was indicted for feloniously stealing, on the 24th of February , in the parish of St. Botolph, Billingsgate, eight pounds weight of raw sugar, of the value of 2 s. the property of Joseph Seaborne , Robert Waghorne , and Co.

HENRY VANTRIS sworn.

On the 24th of February I was on the wharf, and saw the prisoner at the bar coming out of Lion's-key, Loop-hole , which at the first leads into a cellar, where are many casks of sugar, all under the care of our gang, which is twelve: I went to him, and found his hands appeared sugary; I then took hold of him, and asked him what he had been doing? he said nothing; I told him he must be doing something; I found in his breeches a bag of sugar, concealed; on that I took him along the key; and the constable, Samuel Allen , came up, and I gave him to him; the constable and I, after we had took the man, took some sugar out of a hogshead, whose head had been knocked in, and it matched; I had never seen that hogshead before I went in to examine.

How far is the Loop-hole from the cellar? - About a yard and a half; he seemed to wish to conceal himself by it: after he had got to the counter he said, that a cooper told him to go in and take this sugar.

(The sugar produced.)

SAMUEL ALLEN sworn.

I am a constable. I was a walking along the keys, and Mr. Vantris give me the charge; and he gave me the sugar out of his breeches; and I took more sugar out of his pocket, which was loose; and it is in this handkerchief.

PRISONER's DEFENCE.

I have worked for Mr. Vantris six or seven years; and he knows nothing of me before this, but that I was very honest; and I should not have done it, but I was drunk.

The prisoner called George Thompson , his serjeant, to his character.

GUILTY . (Aged 41.)

Confined one month in Newgate .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17900224-66

302. HENRY JONES, alias DENTON , and WILLIAM BARNEY, alias ALEXANDER BROOKFIELD , were indicted for feloniously and burglariously breaking and entering the dwelling house of William Biddle , about the hour of six in the night, on the 29th of January , with intent to steal his goods .

WILLIAM BIDDLE sworn.

I live at No. 87, Long-lane , up one pair of stairs: my house was broke open on the 30th of January, about six in the morning; I was the only person in the two rooms; the rest is let to lodgers: I am the landlord, and the house is my own: about six in the morning, I heard a knocking, which made me set up in my bed; just about six, as the watchman had gone, after the knocking, I heard the prisoner Denton pull some keys; I heard a noise of keys; and somebody put something into the lock twice; the second time, the door opened immediately; Denton came in with this candle and dark lanthorn: when he came into the room, and looked upon the shelves, he brought it in his hand: my bed faces the door; he went to the closet where the victuals was kept, and looked upon the shelves, and then went across the room to the chest of drawers; he crossed the door way twice; when he was at the drawers,

I jumped out of bed, with intent to catch him in the room; hearing me jump on the floor, he ran to the door, and down stairs; and at the bottom, I got hold of his coat; the back part with both hands: he says to a man laying in the passage, why do not you get up? what do you lay there for? the man says, why do not you go out? Denton says, I cannot; he holds me; with that, the man got up, and broke my hold from Denton's coat, and tore the coat down the middle of the back: after that, they sawed something across my belly two or three times: I had nothing but only my shirt on, and I cried out murder, for I expected every minute they would cut my belly open.

Was it the other prisoner who tore the coat from you? - I believe it was not: another person then opened the door: when the door was open, the man set off, and Denton next, and me after Denton; and the other person ran after me, and struck me several times with a stick; Denton turned out of Long-lane, into a turning that leads into Cloth-fair, and ran down Back-alley; I ran after, crying out murder! stop thief! Mr. Campton's men heard it, and stopt him; with that, I said, for God's sake do not let that man go, for I would not lose him for twenty pounds; I never lost sight of him till he was taken: I cannot swear to the other prisoner.

Did you always say the same of the other prisoner? - I never positively swore to him.

ROBERT WILSON sworn.

I am a butcher: on the 30th of January, in the morning, I heard the alarm of murder and stop thief; I ran out, and heard a man running towards me; I took hold of him; he desired me, when he came close to me, to let him go, as he was a poor man: when Mr. Biddle came up, he said, for God Almighty's sake, do not let that man go, I would not let him go for twenty pounds; that is the man who has broke into my room, and beat me: this was just as the watch had gone six.

Court to Biddle. Was Denton a man that you know any thing of? - No; I never saw him in my life, before he came up to my room.

Was you quite sober? - Yes; it was in the morning.

Did the prisoner appear sober? - He did not seem otherwise.

SAMUEL HEATH sworn.

I am a shoe-maker: on the 29th of January, in the evening, I was coming into Long-lane; I saw three men at the back of Mr. Biddle's house; I stopped two or three minutes when they turned off: I knew Denton; he was one of them, and had a drab coloured coat on; he turned into Long-lane.

JOHN LUCY sworn.

I am a constable: only apprehending of Brookfield, and searching Denton's apartments, is all I know.

The prisoner called five witnesses to his character.

HENRY JONES , GUILTY , Death .

WILLIAM BURNEY , NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17900224-67

303. SARAH WALTON was indicted for feloniously stealing, on the 20th of January , in the parish of St. Paul's, Covent-garden, two linen gowns, value 20 s. a child's frock, value 2 s. 6 d. a linen shirt, value 1 s. 6 d. a linen table cloth, value 2 s. a cloth coat, value 6 s. two muslin aprons, one value 2 s. 6 d. the other, 2 s.

And SUSANNAH WARREN was indicted for feloniously receiving the same goods, knowing them to have been stolen : the goods and chattels of Lucy Doyle .

LUCY DOYLE sworn.

I live at No. 9, Rose-street, Covent-garden : I keep Covent-garden-market : at different times, I have lost different things: on the 14th of February, at night, I missed two gowns; this was Sunday; on the next day, Monday morning, I missed three aprons, one frock, a pair of sheets, and my husband's coat (he is dead) a pair of flat irons, and a bed-gown. I taxed the prisoner, Sarah Walton , with the two gowns, on the 14th, on Sunday night, with knowing where they must be, or what she had done with them: she would not tell at first, till I threatened to call the watch; then she owned to knowing of one gown, and that she would get it me in the morning: I told her if that she knew of one, she must know of the other, not missing any thing else then; she would not own any thing till I called the watch: and she was taken to the watch-house: I told her if she would own to any thing, I would not put her in charge. The next morning, Susannah Warren , whom I have seen once or twice in my room, as she rents a room in the house, it being let out in tenements; she came to me, and said she would get the duplicates, and I should have my things again; on that, I told her I could not do any thing with the duplicates, as I had not money to redeem my things, they coming to two guineas; I found, by the duplicates, the things were pawned at Mr. Merrish's, the corner of Rose-street: I then took them before the magistrate, with her; and when they were first called for before the magistrate, she at first denied them; but when they were going to search her, she pulled them out of her bosom; and the pawnbroker was sent for, and the things he had in possession, which answered to the duplicates, except the sheets, as I could not swear to them.

WILLIAM KETTLESTONE sworn.

I live with Mr. Marrish, a pawnbroker in Rose-street: the things were pledged at different times, to the best of my knowledge

by the prisoner Susannah Warren ; and in her own name; (produced): the coat was pawned on the 23d of January, for five shillings, a gown for twelve shillings on the 20th of January, in the name of Elizabeth Warren , another gown for eight shillings, the 3d of January, a shirt for one shilling and six-pence the 4th of January, in the name of Mary Warren , a table-cloth the 31st of December, in the same name, a bed-gown for one shilling and six-pence the 8th of February, a frock for two shillings and six-pence the 11th of February, a muslin apron for two shillings on the 29th of January, in the name of Mary Warren , and a muslin apron for one shilling on the 4th of February; I believe all the things were brought by Susannah Warren , as I never saw Walter before, as I know of.

(The things deposed to by Mrs. Doyle.)

Mr. Knowlys, Prisoners Counsel. This woman has a large family, and has been in the habit of pawning and redeeming, a long while? - Yes.

I believe she once lost a duplicate; and to enable her to redeem the things, made an affidavit? - Yes; but it was never produced.

PRISONER SARAH WALTON 's DEFENCE.

I lent them to Susannah Warren in distress.

SUSANNAH WARREN 's DEFENCE.

Sarah Walton lent me the things for the subsistence of me and six children; and I have pawned them, and got them back several times.

They each called two witnesses who spoke to their character.

BOTH GUILTY .

SARAH WALTON imprisoned six months .

SUSANNAH WARREN transported for fourteen years .

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

Reference Number: t17900224-68

304. ELIZABETH TAYLOR and BENJAMIN FRANKLIN were indicted for feloniously stealing, on the 1st of February , in the parish of St. John's, Wapping, one boar pig, value 5 s. the goods of Thomas Powell .

THOMAS POWELL sworn.

I live in Parrott-alley, Black-horse-yard, Nightingale-lane, East Smithfield : my wife and I went out on the 1st of this month, between two and three o'clock in the afternoon, for about an hour and a half; and when I went out, I saw all the pigs were safe in the yard; and shut the gate, and fastened it with a peg in the inside; when I returned about five o'clock, I went to serve my pigs; this boar pig being a particular one, which I had kept for serving my own sows, was gone: the prisoner Franklin was good natured enough to go with me to look for the pig; he lives next door to me, with his mother, the other prisoner; he went up the yard with me, and told me his mother had lost one: I, however, from suspicion, knowing the pig could not have strayed, told my wife if we got a search warrant, we should find the pig: I went to sleep for three hours; but when I had slept about two, my wife rouzed me; I got up, and some time afterwards, she went to the justice's, and got a warrant: the officer, Whiteway, came down with my wife: my wife and Mr. Whiteway went into the next door, and I saw him bring out the pig in his hand killed, as it appeared to me by an hammer on the top of his head: Elizabeth Taylor went with us to the justice's: Franklin got away; I did not see him, for he did not come through the door; and there I swore to the pig, because of some natural red spots on the shoulder, about the size of a crown piece; and my wife marked it when it was about three weeks old, under the left ear with the scissars; the pig was not quite cold; I can swear positively to the pig; but in what manner it was taken I cannot positively say, as the yard were safe, and the house were safe; and the gates are about six or seven feet high.

Prisoner's Counsel. You are all in the pig trade in that place, I suppose; how many had you? - About twenty.

How many had your neighbour, Mrs. Taylor? - Four.

These people live next door to you; she keeps a chandler's shop , and you keep lodgers; you sometimes have disputes together? - Not that I know of.

Nor no dispute between Mrs. Taylor and your wife? - Not that I know of.

How long have you lived near each other? - About eleven or twelve years.

And you used to deal at this chandler's shop? - Yes.

How much are you indebted to the prisoner at this time? - I do not know that I owe them a farthing.

JANE POWELL sworn.

On the 1st of February, in the afternoon, my husband put the pigs up safe in the yard; I helped him to put them in; I went out, and when I returned, I missed the pig directly; I had cut a notch in its left ear: I had a great suspicion it was at Mrs. Taylor's, the next door: there is only a wainscot between Mrs. Taylor's house and mine: I seated myself on the stairs about six o'clock in the evening, to hear if I could hear any thing go forward of the pig: I heard Mrs. Taylor say to her son, Ben, will you clean it in the chamber, or in the cellar? I knew both their voices very well; he said, in the cellar; that passed on, and I could hear the blowing of the fire; some time after, I heard her say to her son, Ben, go get the pig ready, the water is hot; my husband at this time was in bed; on this, I went and waked him; I went to Justice Smith's office, and asked advice there directly; Justice Smith said he could not grant a search warrant, but he would grant a warrant for Ben Franklin , which he did: and Mr. Whiteway, the officer, went with me; and he waited in my house till he could hear Ben in the shop; on hearing a knife wetting on a stone, I went in, and the officer followed me: Benjamin Franklin was at the bottom of the stairs; I told the officer, there he was; Franklin heard it, and directly ran up stairs; and Whiteway ran after him, and brought the pig down neither clean nor unclean: I saw the spots on the shoulder, and the notch on the ear: I can swear it was my pig; and it appeared to be killed by a bruize on the head, and the throat cut afterwards; and Mr. Whiteway took her up to the justice's with the pig.

Prisoner's Counsel. This is a convenient chandler's shop; you do not owe them any thing? - I do not.

Hath there been no dispute about your daughter? - That is three years ago.

Did you never tell one Mrs. Brown that you would do for her, because she had made your daughter pawn her gown for three shillings? - I did not.

WILLIAM WHITEWAY sworn.

I went with the last witness to Taylor's house; Powell said, there he is; I saw nobody, but heard somebody run up stairs; whoever it was that was there, had made their escape; there was a pail with hot water in the room; and near to that lay the pig; Mrs. Powell followed, and said, the rogue is gone: I believe there are no other rooms; I saw somebody had broke down the place; I observed a hole, as if a leg had slipped through; and there was a window where a person could have got out: they were low houses, about as high as the top of these windows.

Court to Powell. When did you see Franklin in custody? - On the Thursday following.

Had you seen him about his mother's house, from Monday to that time? - No.

Prisoners. We leave it to the counsel.

The prisoner Elizabeth Taylor called nine witnesses who gave her a very good character: and the prisoner Franklin called five witnesses to his character.

ELIZABETH TAYLOR , NOT GUILTY .

BENJAMIN FRANKLIN , GUILTY .

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

[Whipping. See summary.]

Reference Number: t17900224-69

305. JOSEPH LIGHTFOOT was indicted for feloniously stealing, on the 27th of January , fifteen Porcelain ware saucers, value 3 s. and three Porcelain ware cups, value 1 s. the goods and chattels of the United Company of Merchants trading to the East Indies .

JOHN WILSON sworn.

I am a servant of the East India Company: the prisoner at the bar is a labourer of the East India Company: and asked me to let him go out; he said, he was very ill; and if I would let him go home, he would lose a day's work? I told him, as it was but half past eleven o'clock, I would give him leave to go home for an hour, and he should save his day's work; I gave him leave to go; and it is customary to rub every man down that goes out; I felt something in his pocket, and asked him what it was; he said, only some broken china; I brought him into the counting-house, and desired him to let me see what broken china he had in his pocket; and here is what he turned out himself.

Were they broken in the way he described, or were they all sound? - All sound.

Did you ever examine whether any were missing of that kind, and are you sure they belong to the East India Company? - Miss we cannot; but so far I am certain, that he was employed on the business where these goods were put, that day; I only know for this reason, that they are the Company's goods, we have a muster box for each ship; and the ships goods are opened and examined by the muster box; this man was on the goods that belong to this ship, in the warehouse which these goods came in, and it is impossible we can tell what is missed, till the ships goods are examined altogether; these goods were gone to be sorted, and he was one of the parties employed in sorting the china, according to the different patterns; and these we were in a hurry to get forward for the sales; and these, which he had in his pocket, were unwashed, consequently could never have been sold, as they were as they came out of the chest.

RICHARD BRINKWORTH sworn.

I am a constable: I know nothing more than taking the prisoner into custody.

PRISONER's DEFENCE.

On the 27th of January last, I was at work at this ship china, and being ill I did not put them down, for fear they might be broken; I then put them into the skirt of my coat, in the condition your lordship sees them; I then met Mr. Wilson in about three yards from the counting-house, (I had to carry them to the table, and clean in one room distant from the counting-house) I asked Mr. Wilson if he would give me a ticket to enable me to go out; it was impossible I could expect to go out without being stopped; for when I have had a bit of bread and cheese extraordinary, I have been obliged to take it out of my pocket, and shew it.

GUILTY .

Publickly Whipped .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17900224-70

306. HENRY MARKS , ISAAC SIMMONS , and ISAAC LEVY were indicted for feloniously stealing, on the 24th of January , in the parish of St. Mary, Whitechapel, two glass chandeliers, value 30 s . the property of Asher Goldsmid .

(The case opened by Mr. Silvester.)

MICHAEL LEVI sworn.

I am a servant to Mr. Goldsmid; he lives at No. 44, Mansell-street, Goodman's-fields . On the 24th of January last, my master sent me with a message, about a quarter after five in the evening, into Prescot-street, Goodman's-fields; in about ten minutes I returned; when I came up to the outer gate, I saw Henry Marks coming out of the house; I was frightened the instant I saw him; I well

knew his person; it is the tall one; I went into the gate as fast as I could; I saw Isaac Simmons sitting on the frame of the window, one leg in, and one leg out; it is him in the middle, with the black hair; this was at the left hand parlour, the first window; he saw me as soon as I came into the gate; and as soon as I was in the gate, I shut it after me; he came up towards the gate, and I met him; and said to him, you villain, what do you want here? He made me no reply, but said, what do you want, let go; I had not observed any other persons than these two; I then observed Levi coming out of the window; as soon as he was out, he said, in Hebrew, hush, let me go, we are Jews, you know me; I said, I did not care, and went, in order to get to the gate; Simmons pushed me backwards, against the wall, where the gates were fixed to; I am sure it was Simmons; by the force of Simmons's push I received a blow on the back part of my head; I then called out murder, several times, on that Henry Marks came back to the gate, and said, Sir, Sir, what is the matter, I will assist you, and then endeavoured to open the gate, but could not find out the latch instantly, as it is below the lock, and that is low; but after a while he did; when he had, he rescued Simmons from me; they all went to the gate; and I followed them, in order to call after them, stop thief! Levi then turned back, and squared up to me, and said, what do you want? by that time my master had opened the door, and come out to my assistance, with the poker in his hand; my master said, Micke, what is the matter; I went into the house, and shut the gate; and I went into the parlour, in order to shut up the shutters, and my foot kicked against one of the chandeliers; they had been left, when I went out, on the back part of the mantle-piece; and I found them on my return close to the window, where Simmons was standing.

Are you certain as to all the prisoners? - I knew them all before; I have known two of them this nine or ten years.

Mr. Knowlys. Prisoners Counsel. Is this a private house, or a shop? - A private house in Mansell-street, Goodman's-fields.

This street is a very public one? - Not very public.

At what time was it this happened? - About a quarter after five; about dusk.

You say on your first coming, and seeing a man come out of your master's inclosure, you was very much alarmed? - I should not have been much alarmed, if I had not known him; I was so alarmed, I was not myself till I went to bed; I trembled for most of the whole night.

Then from that time, till you went to bed, you trembled for most of the whole night? - I trembled for about half an hour.

How am I to understand you; first you trembled till you went to bed, and then that you trembled for about half an hour; what effect had it on you? - It was a fright, and a shock.

Was it so considerable as to hurt you very much; did you find it had a very considerable effect on you? - Yes; any body might be alarmed at seeing a thief come out.

Upon your oath was you very much alarmed? - I said, I was frightened but not very much.

You have said you felt the effect of the fright, for half an hour? - When I found I had lost nothing, I was more easy.

Till that time then you was frightened? - I was frightened, but not very much frightened; I was then a little more easy than at first.

And yet you continued in a state of alarm, for half an hour; what kind of a night was this; was the moon arose? - No, it was not.

Then not the lighter for that? - No.

How long did this continue before these persons made their escape? - From the first beginning, it might be about three minutes.

You tell us when you laid hold of the man, you suppose to be Simmons, you said, you villain, what do you want here; you did not say, why Simmons, I know

you; you never called him by his name? - No.

But yet in the struggle, your head was against the wall, and in your struggle your fright did not at all lessen? - I cannot say any thing, either one way or another, to that; I do not know it increased.

At first when you came up there was but one? - I shut him out.

Yet your fright did not increase, when there were three? - No, I do not know it did.

I think you said, that Marks came back, and on your crying out, he came and asked you, if you wanted help? - Marks did not lock it after him.

When did you attend at Bow-street? - On Monday night.

When did this happen? - On Saturday.

And at Bow-street you found that all the three persons had come voluntarily to the office, knowing themselves to be innocent? - On Monday morning my master and I went to give information.

Did not you then hear, that these three men had been at the office, hearing their names had been called in question, and they came to answer to it? - Yes; Mr. Townsend told me so.

How long before had you been in the parlour? - I had just shut up the shutters of the back parlour.

Mr. Knapp, Counsel for Levi. Mr. Levi, do you know a brother of the prisoner? - Yes.

Have you never seen either the prisoner or his brother, at Clapton? - Yes.

Have you never said to any body, since the apprehension of Levi, that you thought the prisoner Levi was innocent, and you was mistaken in him? - No; I never did.

Did not you acknowledge this, that at the time some prisoner, of the name of Marks, entered, it put you into such confusion, that you did not know the man of the name of Levi? - No, I did not.

Mr. GOLDSMID sworn.

How long has this last witness lived with you? - About a year, or a year and two months.

What is his character? - I should not have taken him for a servant, if I had not heard a very honest character of him, and I hope I shall find it so. (The chandeliers produced and deposed to.) I sent my servant on the 24th of January, on a message, to Prescot-street, which joins very near Mansell-street; he was not out about five or ten minutes; on his return I heard a great noise; there is a small yard between my gate, and the iron rails: I heard a cry of murder! I concluded something was wrong, and went out with a poker; my door stuck fast, and as it was wet weather I thought somebody held it to prevent me from coming out into the yard; afterwards my servant rung the bell; I came to the door again, and said, Micke, what has happened; says he, I will go and see what is lost; I went to the left hand parlour, and he had shut up one shutter, and carelessly left the other open: I found one of these chandeliers near the window, and the other not far from it, on the floor: the following day I went to give information to Sir Sampson Wright 's.

Mr. Knowlys. You found your servant very much frightened? - He was frightened, but not considerably.

PRISONER MARKS's DEFENCE.

Michael Levy swore at Sir Sampson Wright 's that he knew the prisoner Levi, by seeing him at Clapton; which is his brother, whom he saw there.

WITNESSES FOR SIMMONS.

FRANCES SAMUEL sworn.

I live in Gravel-lane, Houndsditch. Last Sunday was four weeks my brother came to my mother's between three and four o'clock in the afternoon, and desired me to make him some broth; my mother went out, and bought a piece of mutton, and got some made for him; and he returned, after being absent about a quarter of an hour, and staid till near ten o'clock at night; and never went out of the room, any further than into the back yard, for a minute or so; I dare say that was the

greatest length of time he was out, at one time.

Mr. Silvester. It was on a Sunday: and your brother came home and sent for some mutton to make some broth; I suppose your people always serve on a Sunday? - Yes.

Where did you buy your meat? - Of Mr. Isaacks, in Gravel-lane.

Where was your mother all this time? - She was along with me and my brother; he came in between three and four, and staid till near ten; he always comes every day to his meals.

Then there was nothing remarkable on that Sunday? - Only that I remember it was the day before he was charged with this affair.

And so he came there the day before, and you had mutton broth for dinner; I suppose you had a few turneps with your mutton? - Yes.

There was nobody present but you and your mother, and your brother, Isaac Simmons : none of your neighbours called in on you that day? - No; my mother is a poor infirm woman, and cannot afford much company.

Court to Samuel. How came she not to be here now? - She is an infirm old woman; and a woman of her age is not fit to come among so many gentlemen.

How came she to be well enough then to go out and get the mutton? - She was well then, but she is ill now.

Levy's witnesses called.

SAMUEL REYNOLDS sworn.

I am a master weaver; I live in Bell-court, Spitalfields: I saw the prisoner Levi at the Plow in Cox's-square; it was last Sunday four weeks; he and two more Jews were drinking in a box opposite to the fire; I went in at near five, and staid there till near seven, when I left the prisoner there.

How came you to recollect the day? - I went in on the Tuesday following, and the prisoner's wife asked me if I could recollect the man who sat there; and what made me recollect it, was because they were looking at his waistcoat; and the Jews were disputing whether it was kersimere or cloth; I was in company with Brett; he was in company with two other Jews.

Mr. Silvester. Was the landlord there; what is his name? - His name is William Wright : he was serving in the tap-room.

Who was there else? - There is an uncle that helps, a boy and a maid.

I want to know how you came to be so particular as to the day; how came you to fix your attention upon him? - Why, I told you concerning hearing them disputing whether his waistcoat was cloth or kersimere; because it is common for Jews to examine one anothers clothes, and even our hats.

Then, if it is common, what is there remarkable in the circumstance, for to excite your attention, so as you should remember it perfectly? - So it is with Jews.

How long did you see him before? - About two or three days before.

HENRY BRETT sworn.

I know the prisoner Levy: about a month ago, I recollect seeing him at the sign of the Plow, at about half past four in the day; he staid there till almost eight in the evening; I saw him there all the time; he was shewing a waistcoat; and there was a kind of a dispute whether it was cloth or kersimere; I am sure it is the same person; I have seen him two or three times before; I went in with Mr. Reynolds.

Mr. Silvester. How long have you known Mr. Reynolds? - About twenty years.

What was remarkable in that talking about a waistcoat, whether it was kersimere or cloth; what was remarkable to fix your attention? - In a public house they listen to many things which are remarkable.

It seems to be a remarkable thing, that you should by this remember the next day, a man's coming in at an hour, and going out at an hour; it seems to be a very odd thing? - The publican desired me to make this remark.

When did you see him last? - About a fortnight ago; he asked me to remember this circumstance; but he did not desire me to come; I am subpoened.

How many people was in the room with the Jews? - I cannot positively say.

Mr. Brett, you can tell whether there were eight or nine? - I cannot positively say.

Was there five; you can tell whether there was five? - I cannot positively say; there might be five.

Will you swear there were four? - Yes, there were four when this waistcoat was shewn.

MICHAEL LEVY sworn.

I have known the prisoner ever since we have been children: last Sunday four weeks, in the afternoon, about ten minutes before four, I came into the Plow, and called for a pint of beer, and found Levy there; I was in from that time, till almost seven; to the best of my knowledge, I was in company with the prisoner all that time: upon my oath; on the Tuesday following, I came through Rosemary-lane, and his mother called me in, and asked me if I was with her son on the Sunday evening before.

How do you know the time you staid there? - My wife was at her mother's, and I was to go for her at seven o'clock.

How many of your persuasion were in company? - No more than Joshua Simons , Levy, and myself.

How many were in the tap-room? - I cannot tell.

Now I ask you, and will have an answer: how many of your persuasion was examining this waistcoat? - I and Simons and this good man; there was no more to the best of my knowledge.

Mr. Brett and Mr. Reynolds never came to look at it? - Yes; they came and looked at it.

Do you mean to say they handled it? - I suppose they touched it; they got up to see the dispute.

JOSHUA SIMONS sworn.

I know the prisoner Levy: on the 24th of January, I saw him at a public house between three and four in the afternoon, to the best of my knowledge; and was with him till near eight: and he staid all the time I did; I was subpoened to attend here: Michael Levy was there with me; there were other people in the tap-room.

Mr. Silvester. There were other people of your persuasion there besides? - There was Michael Levy ; and we had a little discourse concerning the prisoner's red waistcoat; one said it was beaver, and another said it was kersimere.

It was no dispute at all: then the other people in the tap-room did not interfere at all? - No one came at all.

ALL THREE NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17900224-71

307. CHARLES BASSAGE was indicted for stealing, on the 20th of June, in the 26th year of his majesty's reign , three quart tin jugs with covers, value 7 s. 6 d. and various other things , the property of Nicholas Bullen .

NICHOLAS BULLEN sworn.

I am a tin-plate worker , No. 11, Victualling-office-square: the prisoner came to me on the 20th of June, 1786, and told me a friend of his had taken a large inn at Gravesend, and wanted a quantity of tinware: I had not the goods by me, and I went and purchased some; he ordered them to be sent to the Queen's-head, Dark-house lane , and a bill, and he would pay me; he called a second time in the afternoon, to see if they were ready: I carried them there, and waited with the basket, and he said he had many other goods coming, and he should be very busy with the Gravesend boats; he asked me if I had brought my bill; I told him I had; and if I could give him change for a fifty pound bank bill; I said, how can you expect I can give you change? he went in order to get change, but returned, and said he could not get change; he said, I suppose it will make little difference to you, if I pay you to night

or to-morrow; I said, it would be a great difference to me, as I am a poor man, I must have the money or the goods; he then went out, and said, he would go and borrow the cash; he was gone some time, and did not return; I went to look for my goods, and they were gone likewise: I spoke to two men who I thought were confederates; why, says one of them, he lives on Dowgate-hill; I went there, and there was no such person lived there; the next morning I went to the waterman: he said, he knew him; I never saw him but once before; he was not taken till the February following; the goods were delivered at the Queen's-head, by the prisoner's desire; he was there, and saw me with the goods, and called me from them.

WILLIAM MATTHEWS sworn.

I am clerk to Mr. Hodges, an Attorney, Brick-court, Temple; I called on Mr. Bullen; he told me, he had an order for some goods, and begged me to make out the bill, which I did; and I went down to Billingsgate with him; and the goods were put in the tap room, at the Queen's-head, Dark-house-lane; the prisoner was not there then, but came soon after; he then asked Mr. Bullen, to give him change for a fifty pound bank bill, but he could not; then the prisoner, said he would go and get it changed, but returned and could not; then he said, he could go and borrow the money, but did not return; I then went with Mr. Bullen, to look for the goods, and they were gone; I said, you are taken-in, and defrauded of the goods.

PRISONER's DEFENCE.

I went down to Mr. Bullens; I gave him an order for the goods; I asked him to give me change for a ten pound bank note and five shillings, which was all the money I had about me: well, says he, I am not afraid to trust you, you will pay me when you come to town again.

Court. I am to understand you, that Mr. Bullen agreed to trust you? - He did, he met me, and called me a thief, and took me to Clerkenwell, there I bailed it; some time after, I met him again, and he collared me again, and said I was a thief, and I begged he would not expose me, but I would go where he pleased, and desired we might go to a publick house, there we drank together.

Prosecutor. My Lord, I had a load on my back; and there I would have taken him then, but there was no persons in the tap room, and I could get no assistance, so let him go: the first time I saw him, he was taken and committed to Clerkenwell in February 1787, and he bailed it, and flew from his bail; he was indicted in February 1787, but the prisoner was not in custody, and the Christian name was spelt wrong; he was taken first at the Queen's-head, in Tower-street, then I could not take him: I met him last Monday in Crooked-lane, and took him.

Prisoner. The prosecutor told me, if I could give him seven pounds, and a bond of indemnification, that he should not be hurt, he would not prosecute me.

Court. Is that true.

Prosecutor. I said to the poor woman, with a child in her arms, that I should be glad to do any thing that the law would permit me.

Jury to Matthews. Was you in Newgate to see the prisoner? - I was, I went to see if he was the person I saw at Dark-house-lane, who ordered the goods, but had no conversation with the prisoner, about this business. I, in reality, went to see a debtor, an acquaintance; but I did drink with the prisoner, merely to see if he was the person that ordered the goods of Mr. Bullen.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17900224-72

308. THOMAS ALLWRIGHT was indicted for stealing, on the 1st of September last, twenty-eight diaper clouts, value 28 s. one dimity muslin dress, called a bishop, value 7 s. a petticoat, value 10 s. four childs

ditto, value 10 s. three clouts, value 3 s. and one wicker basket, value 2 d. the property John Felton .

There being no Evidence, the Prisoner was

ACQUITTED .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17900224-73

309. JOHN JONES was indicted for stealing, on the 9th of February , six earthen ware cups, value 10 d. four earthen ware saucers, value 10 d. two earthen ware punch bowls, value 2 s. one earthen ware tea pot, value 2 s. 6 d. the property of Josiah Spode .

JOSIAH SPODE sworn.

I am a manufacturer of earthen ware, and keep a warehouse in Fore-street ; I had had a suspicion some time of some of my men robbing me; I made that known to William Copeland , my clerk; and on the 30th of January, in consequence of his information, I found different parcels of fine blue painted goods secreted below, in the packing warehouse; I had each parcel brought up into the counting house, and marked, and put as before; on Tuesday morning the 9th of February, a part of them was missing; I sent for all the men into the counting house, and told them my suspicions; they all denied it; I asked them to let me send for an officer to search their premises, they all consented; I sent for Mr. Clarke, the officer, and he went with William Copeland , to examine the premises.

Mr. Garrow, Prisoners Counsel. How long had the prisoner lived with you? - Two years and a quarter.

I believe to this time you had had a good opinion of him? - I had.

I believe he had had a very serious illness before that time? - He had.

Did you know what his illness was? - It was a rheumatick complaint, I believe.

Was not it a violent fever, attended with a phrensy of the brain? - I believe it was.

That reduced him to considerable distress? - I do not know that he was, he had twelve shillings a week from his club.

What was the value of the things you lost? - About eight shillings.

You trusted him considerably? - I did, I had a very high opinion of him; I paid him sixteen shillings a week all the time he was unable to work.

WILLIAM COPELAND sworn.

I live with Mr. Spode; on the latter end of January, I found several parcels of earthen ware concealed in the packing cellar, with one black tea pot; I informed Mr. Spode, and I went with Clarke, and on searching Jones's premises, we found two punch bowls, one oval black tea pot, six tea cups, and four saucers; I kept them till they were delivered to the officer at Guildhall.

Clarke. I have kept them ever since, (Deposed to) the six cups and four saucers are marked, as they were marked by Mr. Spode; the cups are marked with one nick at the bottom, and the saucers with two nicks.

Mr. Garrow. You know this poor fellow had had a very serious illness? - Yes.

Did he ever ask you for a few old cups and saucers? - I gave him one.

The poor fellow bore a very good character till his illness? - Yes.

JOHN CLARKE sworn.

I was with the last witness in searching his apartment, and found this property.

Court to Mr. Spode. Do you know these cups and saucers? - These I marked; the other things are my make, but not marked.

PRISONER's DEFENCE.

I had been very ill nine weeks; first from an accident in riding a horse of my master's, a vicious horse that he could not ride; I was insane for above a month, and tied down down to my bed, in a strait waistcoat; his clerk knows it; and I broke many of my things; and I asked the clerk to give me an odd thing or two for my own use,

he said I might take a few; the punch bowls and the tea pot I did not take from this shop.

Court to Copeland. Did you give him leave to take any? - No.

The Prisoner called four witnesses, who gave him a very good one.

NOT GUILTY .

Court. Now prisoner take the best care you can, and spend the rest of your life in such a manner, as to convince the world, that this verdict is well founded.

Mr. Bamfield, one of the witnesses to his character. My Lord, I will take all the pains I can to admonish him, and he shall be taken into society again.

Tried by the London Jury before Mr. Justice GROSE.

Reference Number: t17900224-74

310. ISABELLA SUTHERLAND was indicted for stealing, on the 11th day of February , four yards and a half of cloth made of linen, value 4 s. 6 d. the property of Robert Atkinson and Richard Clarence .

The Witnesses, Richard Clarence , Joseph Shepherd , and William Box , called on their recognizances, and not appearing, the prisoner was

ACQUITTED .

Tried by the London Jury before Mr. Justice GROSE.

Reference Number: t17900224-75

311. SARAH PEARSON was indicted for returning from transportation, and being found at large, on the 19th of February , without lawful cause, before the expiration of the term for which she was transported .

JOHN ARMSTRONG sworn.

I am an officer; I apprehended the prisoner the 19th of February, in Shoreditch parish, in a house; in the same house where I took her before; I was present when she was convicted; I gave evidence; I had an information of her.

(The Record of January 1784, read by Thomas Shelton , Esq. Clerk of the Arraigns, and examined by the Court.)

JOHN OWEN sworn.

I am servant to Mr. Akerman; in January 1784, the prisoner, with one Mary Harding , were tried for stealing a quantity of rings, and the prisoner was found guilty of receiving them.

PRISONER's DEFENCE.

My Lord, in the ship, in which I went away, after the disturbances arose, I was the only woman that was left on board; I loosed the Captain and the Surgeon from their irons: the Captain disposed of me to Mrs. Ann Redwick , in Spanish town, Jamaica, next door to the Governor's; I served her six years, two years of which I was lame, occasioned by a bite I received in my leg, which was three times condemned to be out off, and I was not capable to serve my mistress: A young lady, Miss Gwyan, came to her house for a week, and she took me to Ireland; we entered on board the Snow, captain Wreckham, of Liverpool, but unfortunately for me, as soon as we came there, she died: I was then left friendless, without a farthing of money in the world; unknown to any body; the captain was kind enough, when we came to Liverpool, to say, he would pay my passage to London, which he did, in order that I might get a cure: I came to London, and sought for my cure, and I partly obtained it; and I have no friend in the world but God and you gentlemen, and I beg for mercy.

Court. Have you any witnesses, madam? - No, Gentlemen, I have not a friend alive now.

Mr. Garrow. My Lord, as this poor woman has no Counsel; will you permit me, as Amicus Curiae, to ask Owen a question or two.

Court. By all means.

Mr. Garrow to Owen. You have heard the story this woman has told, about the disturbances that was on board the ship in which she sailed? - I, with Townshend, was sent down to Exeter, to prosecute a

great many, who took the captain at Torbay; they took the ship away from the ship's company; she was afterwards retaken again, by one of his Majesty's sloops of war, and proceeded on her voyage; this woman was delivered on board the same ship; a great many of these men were convicted, and afterwards pardoned, on condition of being transported again.

Did not it appear, on that occasion, that the captain had, in defiance of his orders, intended to carry these persons to some illegal destination, to the Bay of Honduras? - As I understood, that occasioned the rising of the transports.

I believe you know, as matter of fact, that none of those persons were executed at Exeter? - None of them.

The story she has told, you believe to be true? - I believe it was true.

So that she never was carried to the object of her destination? - No.

Mr. Garrow. My Lord, I submit to your Lordship, on Aikles's case; he was tried for the same charge, and the only excuse he could offer, was this, that he was at large; that he was afflicted with a sore leg; miserably poor; without friends; without the means of procuring any assistance; and that really, involuntarily he was in this kingdom.

Court. The only question that can possibly exist with the Jury, is, whether or no, this woman is the woman that was tried and convicted, and that was in this kingdom without lawful cause?

Jury. My Lord, we think she was not at large without lawful cause.

NOT GUILTY .

Tried by the London Jury before Mr. Justice GROSE.

Mr. Garrow. My Lord, I humbly move your Lordship, that this poor creature may be discharged immediately.

Court. Yes, let her be discharged.

Reference Number: t17900224-76

312. JOSEPH BACON and RICHARD BRIGGS were indicted for committing an unnatural crime .

The evidence on this trial, which was utterly unfit for the public eye, did not amount to sufficient proof of the crimes for which the prisoners were indicted, and they were accordingly

BOTH ACQUITTED ;

But remanded to take their trial, for an attempt to commit the same offence; and the witnesses were bound over to prosecute.

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17900224-77

313. THOMAS EVANS was indicted, for that he, being a bankrupt, on his last examination, did not disclose and deliver up to his Commissioners, divers goods, wares and merchandizes , against the statute, and against the peace.

(Mr. Garrow opened the indictment, and Mr. Silvester the case, as follows:)

My Lord, I am likewise of Counsel in this prosecution against the prisoner, Thomas Evans , for concealing his effects, at his last examination, he having been a bankrupt; and to be sure a more serious case, your Lordship knows very well, cannot come before a Court and Jury; such a man certainly deserves to suffer a capital punishment: but a circumstance has happened since the finding this bill, which is, that a very material witness is dead, whose evidence cannot be supplied by any other person; it would therefore be indecent in me, to keep up this case; to go through the whole of the remaining evidence, when, at the latter end, I shall be told, that a circumstance is wanting, which is absolutely necessary to be proved, and that the Jury must acquit the prisoner; therefore, instead of taking up the time of your Lordship and the Jury, I produce no evidence.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Prisoner. My Lord, I wish, and desire the favour of this Court to hear me a few words; I am a man that has been most generally ill treated: they have taken the advantage of me, because they judge I am an ignorant and an illiterate man; these are people that have been acquainted with the quirks of the law, and have had some scholastical education, brought up under the name of Mr. Crossly: I have witnesses, now present, of their making their braggs; and about a fortnight ago, says he, I cannot support this action I have against him no way; but not withstanding that, he never can get out of the bowels of a goal.

Court. If any facts had been stated, that might have been any imputation on you, and you was on your defence, it would be my duty to hear any thing you could say, but not now.

Mr. Silvester. Mr. Evans, I did not chuse, nor was I instructed, to throw imputations on you, but I tell you now, that you are in extreme good luck, that the witness is dead.

Reference Number: t17900224-78

314. JOHN JONES and THOMAS WIX were indicted for feloniously making an assault on the king's highway, on Sarah, the wife of Thomas Sneezby , in the parish of St. Bridget, otherwise St. Brides, on the 1st of February, and putting her in fear, and feloniously taking from her person, and against her will, one guinea and a half, and two shillings and six-pence, a tin nutmeg-grater, value 3 d. and a silk handkerchief, value 4 s. his property .

(The witnesses examined apart.)

SARAH SNEEZBY sworn.

I am wife to Thomas Sneezby ; he is a potter : I believe I have been married nine years: I was married in Whitechapel church: I lodge at the sign of the Bell at Battle-bridge: on this night month I was robbed on Black-friar's-bridge , at very near half past eleven o'clock: my husband had been to his benefit club: and we had missed each other; so he went home Westminster-bridge way alone, and I was coming over Black-friars bridge: I met four men armed with sticks; and they asked me to go with them; and when they found I would not, as I told them I was not the person they took me to be, they asked me to give them some money? I told them I had none; immediately one of the men told me it should be worse for me; and gave me a blow: these are two of the men that were there: in my endeavours to get away, as the blow knocked me down, this Jones jumped upon my stomach, to keep me down; after that, he told me if I cried out, it should be worse for me; after a bit, they abated from me, and let me get up; I got up, and they let me walk on; and Wix crossed the way after me, and says, d - n your eyes, hand over that clout: I told them I had never a one; he directly wrenched off the silk handkerchief from my neck by force; I had two on, a white one and a silk one; and then he struck me over the loins with a stick; I immediately collared him, and called out; and the watchman, James Shepherd , came up.

Was that all you lost? - Yes; I lost nothing but my handkerchief, a guinea and a half, two shillings and six-pence, and nothing else.

Had you taken observation enough of these men, so as to be positive to them? - Yes; they had followed me so much, that I could not help taking observation of them.

Where was it you was knocked down? - Just off the bridge, on the right hand side.

Mr. Garrow, Prisoner's Counsel. Where did the watchman take any one into his custody? - Close by the obelisk in Fleet-market.

So you went the whole length of Chatham-place, and of Bridge-street, before you made the watchman take him into custody; and you and Wix were in custody together? - Yes.

You charged him with the robbery, and he charged you with assaulting him? - Yes.

The prisoner Jones was not in the

watch-house that night? - No, he was not; he came the next day.

What coloured jackets had the people on on the bridge? - The same colour they have on now.

What coloured jackets had they on? - I cannot go to be put on my oath about that.

Have you never been at such places as this before? - I never was in such an open place as this before; I can safely swear that positively; I never prosecuted any body before, never in my life.

Mrs. Sneezby, I know more of your history, than you are aware of; how long is it since you was at Union-hall? - Indeed I can hardly recollect.

About how long? - I cannot really recollect it.

Try to recollect how long ago it was, you was at Union-hall? - I cannot tell if you keep me here all night.

I will not keep you there all night: but if you will not answer my question, you shall spend the night in Newgate? - Would you make me answer to that I cannot?

Is it twenty years ago? - No, it cannot be so long as that.

Is it five years ago? - No, it is not so long as that.

Is it two years? - No, it is not.

Is it a year? - No, it is not.

Is it six months; I do not ask you because I do not know; but I want to see a little of your manner; do not hurry yourself; take your time; we have nothing else to do? - I believe it is three months ago.

I wonder you could not have told me sooner. What was you there about? - It was for no harm.

Well then, as it was for no harm, let us know for what good it was, that you went to Union-hall; do not hurry yourself? - I do not come about that.

I know you did not, but I did; now I ask you again, what did you go to Union-hall about? O Lord! O Lord! we shall be here till to morrow morning, if we go on at this rate! - Why now I cannot recollect.

Do you think I am such a fool as to be satisfied with such an answer as that; or those twelve jurymen, such rogues, as to suppose you was there at Union-hall about three months ago, and you cannot recollect what for? - Sir, I can tell you what I went there for; there was a neighbour of ours had a few words, and I went in her behalf; but I never prosecuted any one before.

Was no one ever transported on your account? - No, never.

At first, when the people came up to you, they took you for a woman of the town? - I suppose they did take me for such, by their pulling me about as such; but I told them they were mistaken in the person.

So these people treated you as if you was not the virtuous creature you are, but as a woman of the town? - They treated me as such.

Which of them was it put his hand into your pocket, when you lost your nutmeg grater? - I did not say I had.

Have you never said, that in the scuffle and confusion, about their pulling your handkerchief, the money rolled out of your pocket? - No, I never said so.

You never did say, in the hustling, you lost out of your pocket one guinea and a half, and two shillings and six-pence: did you lose a nutmeg grater? - Yes, I did.

How came you then to say, that when you was asked about your handkerchief and your money, you never mentioned the nutmeg grater; how happened that? - Upon my word I cannot tell; I know I lost it, for the guinea and a half were in it.

You live now at Battle-bridge; how long have you lived there? - A fortnight.

What part of the world did you live in before? - At Lambeth, in Princess-street.

How long did you live there? - About thirteen months; and I left it because my husband's business lays at Lambeth; I left it with a very good character.

Will you swear that you was not driven out of the neighbourhood? - No one could drive me out there, because it is my own parish.

Do you recollect when you was at the

watch-house, charging any body else with the robbery? - When I was in the watch-house; why they kept me there as well as the prisoner.

Upon your oath, was not his charge of you, for assaulting him in the street? - I do not know he made any such charge.

How many other persons did you charge in the watch-house? - There was a man came in accidentally, and they asked me if he was one? I said he might be one for what I knew.

From whence had you come? - From the Spread-eagle at Lambeth.

Was you in that house? - Yes, I was.

You was not alone, nor with your husband? - I was with myself.

Who is the landlord; is it Monro? - No, Cushion.

You was then by yourself; that you swear? - No; I could not be by myself, because there was people in the house.

Then there was no other person in company with you? - There was only the watchman as I asked to drink.

What was this watchman's name? - Monro.

Did not the man treat you with a glass of gin in Cushion's house? - I would not wish to go to swear any such thing.

Did any body treat you with a glass of gin in Cushion's house, yes or no? - No, Sir, they did not.

Nor with any other liquor? - No.

Did you drink any liquor with any body there? - Yes, along with Mr. Monro.

With no one else? - No.

How long was you in his company? - Not above five minutes.

Was you in Cushion's house more than once that evening? - No, I was not; I swear that positively.

Then you did not go out with the man who had been drinking with you, and come back again, desiring Cushion to take that man into custody for ill-treating you? - No, I did not.

You never came to the door to do that? - No, I did not.

You was perfectly sober? - I cannot say but I was.

Had you had drink? - Yes, I had drink, but not so much as to hurt me.

Where else did you call in to drink whilst you was out? - I drank no where but there, and at the Cross Keys at Lambeth, with a neighbour.

How long might you stop there? - I might stop about three quarters of an hour there; I was along with one Mr. Martin; we had a quartern of brandy.

Then you went to the Spread-eagle, and there had a glass or two of gin? - No, only one.

After you had parted with Monro, who walked with you to the bridge? - No one.

Where had you parted with your husband? - At Battle-bridge; we were to meet at Lambeth, but we missed each other.

Battle-bridge is at least from Lambeth, six miles? - Yes, it may; I and my husband was at Battle-bridge at six: a young woman bore me company all the way; her name is Sarah; she lived at the Bell, at Battle-bridge, as a servant.

Where did you lose her? - I left her at Lambeth.

Did you see your husband at all that night at Lambeth? - No, I did not; I did not go to the Three Compasses, where he was, he was to meet me at his mother's, close by Lambeth Church.

Did you go to his mother, before you went to the Spread-eagle? - Yes.

What time did you set out then from your husband's mother's? - It was very near eleven.

Then you went from Lambeth Church to the obelisk in Fleet-street, in half an hour? - Yes, I did.

You was at his mother's at eleven; after that, you took your drop of drink at the bar of the Spread-eagle, with Monro, and staid a little while with him? - I did not stay any great while.

Upon your oath, did not you stay and sit a considerable time? - No, I did not.

You was quite sober the whole time? - Yes, quite sober.

I have witnesses that have searched the register at Whitechapel Church: do you mean to swear that you was married at

that church? - Yes, I can safely take an oath.

At what time? - I was married at the time that the riot was; when the great buildings were destroyed; that I do swear positively.

Court. Where was it you was to meet your husband? - At the sign of the Three Compasses; he went to his club, and I was to meet him at his mother's house, close by Lambeth Church.

Did you go to his mother? - Yes, and he was not there.

Then not finding him at his mother's, what brought you to Black friars-bridge? - Why, Sir, it is the nearest way.

You knew your husband was at the club; how came you to go home without him? - I heard the club was done, and so told his mother I should not wait any longer for him.

JAMES SHEPHERD sworn.

I am a floor-cloth painter: it was on the 1st day of February, I was coming over Black-friars-bridge: the two prisoners at the bar were standing by a coach drawn up close by the side of the foot-way, watering their horses, in order to go home; they were standing with sticks in their hands; in the mean time the prosecutrix was getting on; this was close by the obelisk near Fleet-market; they all went round the woman at once, and began pulling and hauling her about; and got her close to the post; and while they were by the side of the post, I passed them, and got to the obelisk; just as I got there, I saw her going across the way, and Thomas Wix following her; and he took and began pulling her about; and she laid hold of him, and began crying out murder! watch! directly I ran across the way to her assistance, and asked what was the matter? she said she had been badly used by four of them; and that he was one of them; and directly the watch came to her assistance; as soon as he came up, he let this bludgeon down; (produced); and it fell on my toes; and I have had it in my possession ever since: we took him to the watch-house, and gave the charge to the constable; one of the patrols happened to be there, and he asked me about them; and I gave him information, and he went in search of them.

Mr. Garrow. Where was you coming from? - From Sun-tavern-fields.

Then when you came to the obelisk, you saw that for the first time, which attracted your notice; you know nothing before? - No, nothing before that.

Then as far as you know, the woman and these men had met before then? - Yes, as far as I know, they might.

Did you go to the watch-house with them? - Yes.

Was she sober? - As sober as I am now.

What did you see she had lost? - Her silk handkerchief was gone, and her white handkerchief pulled much about.

It is a very populous place this? - Yes, it is.

It is just where those people meet who are coming from the other end of the town, all the houses of diversion being just then concluded; where those are passing from St. Paul's Church-yard, who live that way, as well as those coming from Black-friars-road, and are going there-to? - There was hardly any one passing by at this time.

When you came to the watch-house, I believe Wix charged the woman with assaulting him? - No, I never heard it.

How many people did she accuse in watch-house, with having used her ill? - I did not hear her accuse any but Wix.

You did not know her before? - I never saw her to my knowledge before.

Had she any friend at the watch-house? - None at all as I know of.

Did she charge any friend of yours with the robbery? - Mr. Hitchell came up, and said, I will swear the young man hath not troubled himself with her at all; says she, I believe if the truth was known, that you may be one of the party.

What was this person's name? - His name is George Hitchell ; he came up casually, and asked what was the matter; then the woman said, she did not know but

what he was one of them; she was going to make a charge against him, but I told her she was very much mistaken; for I told her where he had come from; for on enquiry, I found he had just come from the play, and had just then turned the corner.

Was you present when she charged any one else in this same sort of way? - No, I was not.

BARTHOLOMEW FITZGERALD sworn.

I was a watchman on this night: as I was calling half past eleven, I heard a woman crying out at the bottom of the Fleet-market; and I found this woman had hold of one of the prisoners at the bar, Wix; and in taking the charge of him, he dropped a stick out of his hand: I took him to the watch-house, and delivered the charge to the watch-house-keeper; I found her with her handkerchief half hung behind, and half before; and she said she lost another outside one: I saw the other prisoner Jones go out of the crowd, and go off.

Mr. Garrow. Do you remember a man of the name of Hitchell coming up? - Yes, I do know something of the matter: some one asked if this Hitchell was one? she said she believed he was.

Whether at that time, if Mr. Shepherd had not vouched for the knowledge of this Hitchell, he would not have been taken into charge? - I believe he might.

How many others did she charge besides? - I cannot tell; because as soon as the charge was entered in the book, I went off to my duty.

At that time of night, there is a great concourse of people just at that place? - Yes; it is very populous; it is busy enough all hours of the night.

Did you ever hear the woman say at any time, that she believed she was mistaken, and she would call back the charge? - I cannot positively say; I was not long there.

HENRY WILSON sworn.

I am one of the city patrols: on the 1st of February, about half past eleven, the prisoner Wix was brought into St. Bride's watch-house, charged by a woman with knocking her down, and robbing her of one guinea and a half, two shillings and six-pence, and a silk handkerchief; she giving the description of the others who were with him, the next day we went and took him at the peril of our lives; they drew knives, and the poker upon us.

HUGH ANDERSON sworn.

I was present at the taking of Jones the next day.

PRISONER WIX's DEFENCE.

After the woman took me to the watch-house, she gave charge of me; and after that, she drew the charge back.

PRISONER JONES's DEFENCE.

After this young-fellow was taken, I went to the watch-house door to see what was the matter; and I know nothing more about it.

ALEXANDER MACPHERSON sworn.

I was constable of the night, and was present when the woman gave charge of Wix; she said she had been very badly used by four men, one of which was the prisoner Wix; I asked her how? she told me she had been attacked by four men, and robbed of a guinea, half a guinea, two shillings and sixpence, and a nutmeg grater, a silk handkerchief, a shawl, and a pocket handkerchief.

Do you state this as a perfect recollection of what the charge was? - I do, I have the minute here. (Read.)

During that charge, did she ever say, that Wix was not the man? - She giving the charge so very strong, I sent Wix to the Counter; when he was gone, she began to equivocate; on which account, I detained her in the watch-house till the morning.

Mr. Garrow. What do you mean by her equivocating very much, do you mean she did not stand to the charge so strongly; did she not after Wix went to the Counter, say, she did not know that Wix was the

man? - She seemed rather to draw back from what she had said before.

Did she not charge Hitchell as one of the persons who robbed her? - She did, but she gave it up.

Then her charge to Hitchel, was as strong as to Wix? - I believe it might, but I set him at liberty; because she said, on Mr. Shepherd's knowing him; then I suppose I was mistaken.

Court. Then Mrs. Sneezby was dedetained to prosecute this man? - Yes.

Was any charge against her? - No, none.

In what state did Mrs. Sneezby appear to be, sober or not? - Sober, as far as I know.

- MONRO sworn.

I have known Mrs. Sneezby from a girl; I saw her come into the Spread Eagle, with a man, the night of this disaster; I was in the house; the man says, you will pay for the glass of gin.

The man, I am afraid, was not her husband? - He was a carpenter; after they drank, out they went directly together, and had not been out long before she came and knocked at Cushion's door, and Cushion opened it; come here, says she, along with me; go home, says he, you saucy slut, and get yourself sober.

Was she drunk? - Very much in liquor, and he shut the door against her, I said to the man, get you along about your business; she got up to Mr. Jackson's corner, and I spoke to her; Sal, says I, pin your shawl, or else you will lose it; and told her to go along home; she was very drunk; her bonnet was off, by her tumbling about, and her cap came off.

Thomas Cushion was called upon his subpoena, but did not appear.

BOTH NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17900224-79

315. JOHN SWINNEY was indicted for feloniously stealing, on the 24th of February , in the parish of St. Margaret Patten, thirty-four pounds weight of moist sugar, value 14 s. the goods of Jacob and Joseph Warner .

JOSEPH WARNER sworn.

I am a partner with Jacob Warner ; I know nothing of the circumstance.

- SIMPSON sworn.

I am a servant to Mr. Warner; on Wednesday the 24th of this month, I found the prisoner at the bar, concealed in a sugar hogshead, up one pair of stairs, in Mr. Warner's warehouse; he had a bag, which was under him I believe, it did not appear like ours.

You did not see him fill it? - I did not; this was a linen bag, and we always use paper ones; I desired one of my fellow servants to call up Mr. Warner; and he was taken to the watch-house.

BENJAMIN RAPLEN sworn.

Produced the sugar and bag, which was deposed to by Mr. Warner, as being of the same quality with that in the hogshead.

PRISONER's DEFENCE.

I went up for a bit of sugar to eat, and hearing the gentleman come up, I was so frightened, I got into the cask.

GUILTY . (Aged 15.)

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17900224-80

316. THOMAS ALEXANDER was indicted for feloniously making an assault, on the king's highway, on Martha Harrison , on the 13th of February , in the parish of St. Andrew, Holborn; puting her in fear, and taking from her person, and against her will, a linen handkerchief, value 6 d. a cotton gown and coat, value 2 s. the goods of John Harrison .

MARTHA HARRISON sworn.

I am the daughter of John Harrison , a locksmith and bell hanger ; I know the

prisoner very well; on the 13th of February, Saturday, about a quarter after nine in the evening, as I was going home, from Holborn; I live in Fetter-lane ; just as I come to the corner of Fetter-lane, two or three men stopped me, and put their hand to my mouth; a gentleman going by says, you villain, what do you want with the child? with that they turned off; and I crossed over, because I lived the other side of Fetter-lane, and went a little way, facing a grocer's shop; they put their hand on my face and mouth, and the prisoner snatcht my bundle away; the prisoner crossed over, and ran down Blewet's buildings; I ran over and cried out stop thief! and murder!

Did you see the face of the prisoner? - Yes, because the shop was very light.

Are you sure the prisoner followed you? - Yes.

Was he stopt in your presence? - They were with me about ten minutes altogether; I am sure it is the man, and never lost sight of him; I gave the bundle to the constable, who has kept it ever since.

MARY HARRISON sworn.

She told me the same as she told your Lordship.

JOHN HOUGHTON sworn.

I live at the corner of Blewet's buildings; I heard the cry of murder, and somebody screaming in the streets; I saw the girl running and screaming after the prisoner, he had the bundle in his hand; when he got up to the top he stopt; as the court had no thoroughfare, I did not make much haste; I got up and collared him, and he had dropped the bundle, which was picked up a little from him: I took him down to St. Andrew's watch-house, and sent for Mr. Spateman, and gave charge of him, and gave him the bundle.

- SPATEMAN sworn.

I am an officer; I received the bundle from Mr. Houghton, and have kept it ever since.

Martha Harrison deposed to the petticoat and gown, and handkerchief.

PRISONER's DEFENCE.

I was going to receive a bill for my master, in Fleet-market; I went down these Buildings, and the girl ran up to me, and said, where is my bundle? I told her I knew not what she meant, says she, you stopped me, and took my bundle from me; the gentleman here came up and took hold of me, and had me to the watch-house; I am a chair-maker .

GUILTY . (Aged 21.)

Fined 1 s. and imprisoned twelve months .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17900224-81

317. MARTHA DODDS was indicted for feloniously stealing, on the 16th of February , in the parish of St. Mildred's , six pair of childrens cotton stockings, value 5 s. two pair of women's cotton stockings, value 3 s. six yards of Irish linen cloth, value 5 s. two yards of printed cotton, value 3 s. the goods of George Deane .

GEORGE DEANE sworn.

The prisoner lived servant with me about five weeks; on the 16th of February, the prisoner was in the kitchen, on Tuesday with me; she left me, as I supposed, to go to the parlour; and she went into the shop; from a sky light, I could see the parlour door: not seeing her go there, I went down, and saw the prisoner examining a parcel of goods behind my counter, a parcel of prints; she likewise examined a parcel of handkerchiefs; I saw her move very quick, a though she saw me: I taxed her with robbing me; she cried, and gave me some things which she had, and said they were all; the paper she gave me, I knew not where she took them: she produced one paper of women's cotton stockings, but when I talked of searching her, she pulled out another paper, containing six pair of childrens stockings, from her pocket; Mrs. Deane then insisted upon searching her box; she threw down the keys, and in her box was two remnants of Irish; which have my private mark; a remnant of cotton, which has my private mark; the constable hath kept them ever since.

- FENNER sworn.

I produce some articles given me by the prosecutor.

(Deposed to by the Prosecutor.)

PRISONER's DEFENCE.

He claims a right to things not his own.

GUILTY . (Aged 22.)

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17900224-82

318. MICHAEL FORREST was indicted for stealing, on the 6th of February , sixty-six pounds weight of leaden pipe, value 6 s. belonging to John Henry Warre , Esq . and affixed to his dwelling-house , against the statute.

(The witnesses examined separate.)

WILLIAM DAVIS sworn.

I am a servant of Mr. Warre's, and a

watchman; I saw the prisoner come down Chapel street, about half past nine, on Saturday the 6th of this month: I took the young fellow, and gave a charge on suspicion the lead was not his own: I got orders from Justice Walker's; supposing it came from Squire Warre's.

Did you ever compare it with the lead that was missing? - I cannot tell rightly that it fits the place.

WILLIAM DAVIS sworn.

I am a servant to John Henry Warre , Esq. in Queen's square ; on the 6th of February there was some lead missing from the house, on Saturday.

Did you see the lead safe on the 6th? - I did, on the 7th it was gone.

From what part of the house? - The area, from the front of the square; it was a leaden pipe, twenty feet three quarters; there was a man taken that night; which to all appearance was like that lead.

Have you ever seen that lead, and compared it with the lead taken from the prisoner? - No.

Is there any body here that has measured the lead and the wall? - No.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17900224-83

319. WILLIAM CASEY was indicted for feloniously assaulting Martha Bilby , on the king's highway, on the 4th of February , in the parish of St. Giles's in the Fields , putting her in fear, and taking from her person and against her will, one black silk cloak, value 5 s. and 1 s. in money, her property .

(The Witnesses examined separate.)

MARTHA BILBY sworn.

I live in Cow-heel Alley; as I was coming down Holborn, on Thursday, the 4th of February, about six o'clock in the evening, a handkerchief was dropped, and I stooped, and another gentleman, not in my company, picked it up, and the gentleman that picked it up, said that if there was any thing worth in it, I should have half; and he asked me if I would walk a little way further with him, which I did, and went with him into Turnstile; where he opened the handkerchief, and there was a purse in it, and in the purse a few halfpence, and he pulled the halfpence out, and put them in his pocket; there was a handkerchief pin in the purse, and stuck in a bit of paper, and some writing on it; and the prisoner was coming by; and this other gentleman asked him to read the few lines, and he read them; with that he said he would see me righted; that I should have half; he read where it was bought, and how much it cost; the prisoner said it cost twelve guineas; and the other gentleman said, he had an acquaintance, whom he should like to make it a present to, and he would give me the half in money; but not having so much about him, he would go to an acquaintance and borrow it; and the prisoner asked me, if he should lend me a guinea, if I would leave my cloak; I said, if I should leave my cloak, I should never see it more; then he took it from my shoulders immediately, on my giving him that answer, and gave it to the other gentleman.

Did you make any resistance? - Yes.

How? - I took hold of it, and he pulled it from me.

Do you mean to say, you made as much resistance as you could? - Yes, he then took hold of my arm, and led me against the rails in Lincoln's-inn fields, and asked me, what money I had in my pocket? I told him one shilling and three half-pence; he said, then give me the shilling; with that I gave him the shilling; he asked me if I had a pocket handkerchief? I had not, I told him; then says he, never mind it, and he ran away.

You told him, you had a shilling in your pocket, who pulled it out? - I pulled it out.

In what manner had he hold of your arm? - He took hold of my arm, and drove me off the curb stones, to the rails; I hallooed once or twice, and I thought it was no use going after him.

How come you to give him the shilling? - Because he frightened me, when he took hold of my arm, and dragged me against the rails; I went as far as Moor-street back again.

At the time he did this, was the other man present? - At the time he took the cloak he was, but not when he took the shilling; I went back again into Moor-street, Seven Dials, and I told my master and mistress that I had got a place, and went back again concerning my character; I am a servant of all work ; on coming home again, about half past seven, I saw the prisoner again, and I took hold of him by the skirt of his coat, and said, he was the gentleman that took my cloak, and the patrole came up, and took him to Mr. Walker's: I saw my cloak again at Mr. Walker's; I believe it was taken out of his pocket.

Mr. Garrow, Prisoner's Counsel. You was not frightened before he laid hold of your hand? - No.

How long might you have parted with your cloak then? - Five minutes.

The prisoner offered you a guinea to pay for the pin? - Yes, he did, but I never see him pay it.

And you was to deposit your cloak; the cloak was taken off without your being frightened at all? - Yes, I was not frightened then.

On that you went away, in order to get some money from your friends, and you went to Moor street, at what distance is that from the place where the cloak was taken? - A good bit; I was gone about an hour.

How far was you from the place where you had left him? - Twenty or thirty yards.

Did you not leave your cloak with the man; to wait till you returned to reimburse the money, and take the pin? - I did not.

Was not this man committed first for obtaining this money under false pretences? - I do not know.

Now I happen to have both his commitments here; on the 4th you had not Mr. Treadway examined as a witness, and on the 6th both Treadway and Scandling were examined? - Who is Mr. Treadway?

A thief-taker, attending the office; you know they were not examined on the 4th, so on the 4th, the man was charged and committed for a fraud; on the 6th, when you had the assistance of Treadway and Scandling, you had him committed for a highway robbery: now, did not Treadway desire you to make that charge? - No.

Who did? - No one, as I know of.

Have you never heard if this man was convicted, there is a reward of forty pounds? - No, I have never thought of it.

Have you never heard it? - I have never heard it.

How often have you attended with Mr. Treadway at the Justice's? - The first night was Saturday, once before the Grand Jury, and three days here.

And you mean to swear now positively, that you never heard till this moment, that there was a reward? - Sir, I have heard the people talk of it.

When did you hear of it? - Long enough ago.

Who might you hear talk of it? - I have heard people talk or it, when I have been out of doors.

Where? - If I have been any where and there has been any body that has been cast.

How dare you to tell me not five minutes ago, and your answer was taken down in short-hand, that you, who knew it long ago as the town talk, as a common thing, that you never heard of such a thing, that you never thought of it, and did not know that there was any such thing existing? - I did not think any thing of the reward.

So this man comes in just as you were dividing what did not belong to you? - Yes.

You thought no harm in that? - No.

WILLIAM JOHNSON sworn on the voire dire.

Did you apply to the keeper of the New Prison for copies of the commitments, on which the prisoner was committed? - I did.

Who was the clerk of the papers? - Thomas Roberts ; I have seen him write many times; I believe these are both his hand writing, I received both these copies from him.

- SCANDLING sworn.

I am a patrole, of the parish of Giles's in the Fields; on the 4th of this month, coming up out of Newtoner's street, into Holborn: I head a voice calling out murder! stop thief! I saw this girl have hold of the prisoner by his coat; I laid hold of the prisoner; the girl said, she was stripped of her cloak; my friend, says I, to the prisoner, come along with me before a Justice; he said take me out, do not let me be ill used; accordingly I took him out from the throng of people, and took him into the Justice's; I was there the first time, at the Justice's.

What did the woman charge him with, before Mr. Walker, the first time? - For stripping her of her cloak, and one shilling in money; that was the charge I heard at the Justices; I saw nothing of the fact committed.

Court. Did she explain at all how that stripping was? - Yes; but I cannot say in what manner.

It is impossible that the magistrate should not have enquired further about it? - He did; but there was such a throng, I did not hear.

Did you take him to the prison? - No.

Mr. Garrow. Was Treadway there the first time he was committed? - Yes.

He was so good to assist you with his advice? - Yes.

Who gave instructions at the office for the indictment? - I will not swear whether he did or not, I cannot say.

I will make you say; did you attend with Treadway and this woman at Clerkenwell-green? - Yes.

Who with? - Treadway.

Who else? - Why he got the bill of indictment out.

Now before he got it out, he gave instructions? - He went in; I heard that the girl should be satisfied; there was no money mentioned; but that she was to have her cloak, and be paid for her time, and then she would be satisfied.

EDWARD TREADWAY sworn.

Court. Was you present at the taking of this man? - No, not till he was first brought to the office.

What was the charge? - The charge was for taking a cloak, and giving a guinea, I think, in the lieu of it; then on the second hearing, a letter came from Mr. Justice Triquet, to be kept till the next day; the girl first said, she had been robbed of a cloak, by the prisoner: I went to him, and said, have you got the cloak? She said, yes, but if you will pay me for my time, and the cloak it shall go; and if not, it shall be a street robbery; oh! says I, if that is the case, I will keep the cloak.

Jury. My Lord, we are satisfied.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17900224-84

320. PHILIP GIBSON was indicted for stealing a silk purse containing three guineas, and three bank notes, value 10 l. each, the property of Robert Beby .

ROBERT BEBY sworn.

I am in the service of the East India Company: I was going through the lobby of the play-house: the crowd was very great. I was asked by Hannah Green ; why I did not call on her? and my answer was, that I visited her sister: the play was near over: I was stopped by the crowd near the middle of the lobby: a gentleman, Mr. Williams, who is not here, stood on my right hand; and fronting me, close against me was the prisoner; I felt a pressure on my thigh; soon after that, I drew back, and found my breeches pocket unbuttoned, which I had buttoned just before: I immediately seized hold of the prisoner, and said, you have taken my purse? the prisoner said, who, I? I insisted it was him; upon which, the prisoner said he had not: about that time, I heard a purse drop on the ground; I stooped down and picked it up, and seized the prisoner; the prisoner avowed his innocence; I again seized the prisoner as the person who had taken my purse; he continued to assert his innocence;

but as I was convinced he was the person that had taken it, I called for a constable, and gave him in charge: there were three ten pound notes, and three guineas in the purse: I have the purse here; I am sure it is mine: upon his calling to a woman, Hannah Green , and saying did you see me take the purse? she said, I did see you take it: I know the woman; I have seen her in the lobby; she said, you never call on us; as I know her sister, I said, my acquaintance was with your sister; that was all.

Mr. Garrow, Prisoner's Counsel. I take it for granted, there were a great many ladies of the same sort, in the lobby at that time? - There was: the prisoner was close up to me: the lady was standing near me.

And I think you described before the magistrate, a sort of a tremulous motion that you felt on your thigh? - I did.

Nothing of your's was found on the prisoner? - Nothing but his own property: I took Mrs. Green to Sir Samson's, at the prisoner's request.

Upon the first representation of your story, if I understand you right, you went without Mrs. Green? - Yes.

Upon that, the prisoner alledged that at the time he was charged, he asserted his innocence; and applied to a lady (that was Mrs. Green) by saying, Madam, did you see me? - Yes.

Then Sir Sampson thought it necessary Mrs. Green should be sent for? - Yes.

Then the production of this witness, who was out of town, and who has occasioned the prisoner to lay in gaol since last sessions, was occasioned by the prisoner himself? - Yes, it was.

You for prudential family reasons, would chose to have kept her back? - I would.

HANNAH GREEN sworn.

I was in the lobby of Covent-garden Play-house, speaking to Mr. Beby; and I saw the prisoner put his hand in Mr. Beby's pocket, and take out his purse; I do not recollect the colour of his purse; I cannot positively tell; he let the purse fall instantly.

Was his eye upon you at that time? - I do not know; I was too confused.

Was you near the prosecutor at that time? - He was standing almost on one side of me; and that man came from one side to the other, and came between us both: I did not observe any friend with Mr. Beby.

Mr. Garrow. Was you acquainted with Mr. Beby before? - Yes.

How long? - I cannot say.

Did you make any out-cry about this? - I just nudged his shoulder.

That would not have conveyed any important information? - I thought it would.

Had you been in the same box with him? - I had been in different boxes, just as I pleased.

We had not the pleasure of seeing you last sessions? - No, Sir, I was out of town.

Was not you bound over to attend? - I do not know, I am sure.

Did not you enter into a recognizance to attend? - I do not know.

Shall I take the liberty to ask where you was? - I was at Bath.

It was suggested that the prisoner had procured you to abscond: had he so procured you? - No, upon my honour, not at all.

Then your absence was merely matter of accident, and not design? - Yes.

Do you remember the prisoner asking you if you saw any thing of the kind? - Yes, he did; and I said, yes.

Do you live now where you used to do when this happened? - Yes, I do; I always live in the same place when I am in town.

God forbid I should restrict your liberty? - I should be sorry you should, or any body else.

No, the public would be very much injured by it, to be sure? - You must judge about that.

I have not the pleasure of going so often to the play-house as you do? - How do you know, pray, how often I go; I go to the play-house when I please, I dare say; I do not see why you need ask me about it.

Do not be angry; it does not become you to be angry: if you knew how much

pleasanter you look when you are in good humour, you would not. You did not attend at Bow-street the first time? - Yes, I did.

No, not the first time? - I do not know; I went when I was asked to go by the gentleman.

What was you talking to Mr. Beby about; was not you upbraiding him for not calling to see you? - No, I was not: I had no occasion to do that.

You know the least chiding from you, one should consider as an upbraiding: had not you been hinting it to him? - You must excuse my telling you what I was asking him about.

No, I cannot, nor the Jury will not? - Mr. Beby had been in Ireland, and I was asking him about friends in Ireland.

You had some friends that he was acquainted with? - Yes.

There was no complaints on your part, that he did not call so often as you wished? - Good God! I never thought of such a thing.

Of course, you did not say any thing of this kind: why we never see you now; you never call upon us now; why do not you call? - No, I never said any such thing.

Was that the first time you saw him since he came over from Ireland? - No, it was not: I had no occasion to complain of his visits, for I was very glad to see him.

And his visits were not unfrequent? - I declare I cannot tell any thing about that.

But however, you felt that you had no reason to complain that he did not visit you so frequent as you wished? - Certainly not.

Now, though I am a very unfashionable fellow, I should like to know how it was that your eye was fixed on Mr. Beby's breeches pocket: you are not one of the bashful sort, that do not look people in the face: how happened it in such a conversation, your eye should be fixed so much on the breeches pocket? - Why, Sir, his making such a squeeze, made me look down; when I saw his hand in his pocket, I looked down, because I saw the man make such an uncommon bustle.

You have talked a little about this since it happened? - Talked a little.

Have you never said now, that you expected Mr. Beby would be a better friend to you than before? - No, Sir, I have no friend in Mr. Beby; you are quite mistaken in that, I assure you.

Court. Have you a sister? - I have.

Does she live in the same house with you? - She does.

Mr. Garrow. A sister by the same father and mother? - We call relations now and then.

Which was acquainted with Mr. Beby, you or your sister? - Why he was both our acquaintance; we were in company together.

PRISONER's DEFENCE.

I will speak if you please. May it please your lordship, and the gentlemen of the jury: in addition to the misfortune of standing here, accused of a crime I never committed, I have also the misfortune of being incapable of doing myself justice equal to the prosecutor, however deceived and mistaken he has been: and my lord, as this circumstance happened at the play-house, in a great crowd of people, where the first gentleman or tradesman might be laid hold of, it is not impossible that the prosecutor might be mistaken in what he has sworn: I trust, my lord, that my inability and ignorance to defend myself against such a charge, however false, will not be construed into guilt: I shall therefore rest my defence intirely on the justice and candour of this honourable Court. As to the evidence of Hannah Green , I hope, gentlemen, it will not have any weight with you; I hope you will take her evidence into consideration, and judge according to her situation in life; that it will have no credit with you, where it affects the liberty of a subject whose character was never called into question before this unfortunate time.

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

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17900224-85

322. CHARLES RAPLEY and WILLIAM DORR were indicted for falsely making, forging and counterfeiting, on the 28th of January , in the parish of St. Bartholomew, by the Exchange, a certain order for payment of money, dated the 27th of January, 1790, with the name of Samuel Joseph , of George-street, subscribed, and directed to George Prescott , Esq; and Company, bankers, for payment of 146 l. 5 s. to Mr. Abraham Goldsmith or bearer, with intention to defraud the said Mess. Prescott and Company .

They were charged in a second Count, with feloniously publishing the same, knowing it to be forged.

They were charged likewise in a third Count and fourth Count, in the same manner; only instead of being charged with intent to defraud Mess. Prescott and Company, charged with intent to defraud Mr. Samuel Joseph .

The indictment was opened by Mr. Knapp, and the case by Mr. Garrow.

JOHN WOODHOUSE sworn.

On the 28th of January, a draft was presented me for payment at Mess. Prescott's; I believe it was on a Saturday, between nine and ten in the morning, for one hundred and sixty-five pounds, five shillings, by Rapley, the prisoner, at the bar, in the red waistcoat: I asked him in what manner he chose to have it? he said, fifty pounds in bank, and the remainder in cash: I suspected the draft, and desired him to walk backwards into a small room, where Mr. Hollingsworth, one of the partners, was sitting; I then repeated the question, and he replied as before: Mr. Hollingsworth then asked him from whom he received that draft? he said from a man at the door, who was waiting there: Mr. Hollingsworth asked Dorr his name, in the presence of Rapley: (there was nothing passed after this, but in the presence of Rapley): he told him, William Dorr ; and that he was a carpenter , and worked for the Temple; he then asked him how he came by that draft? he said from a gentleman at the coffee-house; Mr. Hollingsworth asked him if he knew the gentleman's name? he said it was Manley; on which Dorr seemed much confused, and said, gentlemen, you frighten me much, I found it: then there was nothing passed till we went to the public house. When Dorr had mentioned that he found it, Rapley then walked about the office, and said, for Christ's sake! speak the truth? then they were both secured.

Is that draft tendered? - It is.

Is it on the checks of the house? - It is.

Is that Samuel Joseph 's name according to his usual way of writing? - No, it is not his writing; he never writes his name at full length: I have no doubt in the least but it is a forgery.

Prisoner's Counsel. Rapley came in first, and went back immediately; and he went with you to fetch Dorr in; then you asked him Dorr's name: this was all before the hurry of business begins, I believe? - That depends on circumstances.

There were not many people in the shop: I take it there was perfect leisure to attend to every thing? - There was not many in then.

When Dorr came in, you asked him his name; he told you: he said he was a carpenter; he is so: you asked him whom he worked for; did not he say, Mr. Manley? - Yes.

When he came in after this, he said, I am much confused; and at that time, Rapley was walking about the office, as you call it? - He said, after he had said I received it from Mr. Manley, at the coffee-house; says he, gentlemen, you confuse me much, I have found it; on which, Rapley said, for God's sake! tell all you know about it?

They were examined separately after this, and their stories perfectly agreed? - Yes.

You said you knew it was not Mr. Joseph's writing, because it was signed Samuel contracted? - I am perfectly sure it is not his writing; I have paid many thousand pounds to his orders.

Did you ever know this man before? - No.

Court. What balance was there of Mr. Joseph's in your hands at that time? - I cannot tell.

Had he one hundred and forty-six pounds five shillings, in your hands at that time? - I cannot say: but if it had been his draft, I should have paid it; his hand is perfectly known to me.

JOHN HOLLINGSWORTH sworn.

I am one of the partners of this house: on the 28th of January, the prisoner at the bar, Rapley, came into my inner room to me, between nine and ten in the morning: the first thing that passed on his entering the room was, Mr. Woodhouse asked him how he would receive the draft? he said, fifty pounds bank, and the rest money; and then he asked Rapley from whom he received the draft? he said, from a person at the door; I then desired him to go to the door, and bring in the person, which he did: Mr. Woodhouse went with him, and returned with Dorr; I then asked Dorr his name? he told me: I then asked him his business? he said a master carpenter; and that he worked in the Temple. I then asked him from whom he received the draft? he said from a gentleman in a coffee-house in the Temple; I then asked him if he knew him? he said, Yes; I then asked his name? he said, Manley; he then said, I am much frightened.

Had Rapley interposed all this while? - He had not; he said he found it on Black-friars-bridge: they were then desired to walk into another office, and were secured.

How long bath Mr. Joseph kept cash with you? - For seven or eight years.

Be so good as to look at that paper, and see if any part of the hand-writing is according to Mr. Joseph's? - I do not think it is.

Have you the least doubt in your own mind, that it is a forgery? - I have not the least doubt.

You do not know the state of his account at that time? - I do not.

If he should chanced to have over drawn, should you have paid it? - I should.

I observe the word Manley is written on the back of the note? - I understood it so, and as such wrote it down.

Mr. Fielding, Prisoner's Counsel. You wrote on the back of the draft yourself? - Yes.

All this transaction had taken up a small space of time? - Not a quarter of an hour.

When Rapley came into the shop, what was the first thing said within your hearing? - Mr. Woodhouse asked him the first thing, how he would have the draft.

You said, the only question you yourself asked of Rapley, was how he came by it? he immediately told you he had it from a man at the door. Did you go to see if there was such a person at the door? - The man was brought in.

Then you repeated the question to him, but varied the term: you asked him of whom he received it; you did not ask him how he came by it? - I understood it the same.

Your question was, of whom you received it? - Yes.

Then it was, he gave you the name of a person, and told you the profession he followed, was a carpenter? - Yes.

Then nothing more passed between you and Rapley; and the man appeared much confused? - Yes: Dorr immediately on uttering the name of the person, appeared confused, and instantly said he had found it: and Rapley said, son Christ's sake! tell all you know about it.

Mr. Garrow. You have already told us that untill Dorr had mentioned the name of the person Manley, Rapley did not interpose? - Not one question.

Did you at any time afterwards, hear from Rapley, whether he had previous to this, received any information how Dorr came by the note? - No, not till I came to Bow-street: then Rapley said that Dorr came to his house in the evening of the 27th, and told him he had found a draft.

The question I would ask of you, was, whether Rapley interposed any observations

Dorr said he had found it? - No, he did not.

Mr. Fielding. Rapley had no opportunity of hinting to you the falshood of Dorr's assertion, till he did? - No, none.

You asked Rapley how he came by it; but when Dorr came in, you asked him how he received it, supposing he might have received it from some body? - Certainly; it seemed to me to be a proper question to ask, and as such I asked it.

Mr. Fielding to Woodhouse. You was at the examination at Bow-street? - Yes, I was.

I believe some circumstances you heard there; and after that, you examined into the truth of them, and found them true? - Yes, I did.

- WOLFE sworn.

I am clerk to Mr. Samuel Joseph ; I know his hand-writing: this draft, no part of it is his writing; I have lived with him ten months.

SAMUEL JOSEPH sworn.

I am a merchant; and have kept cash at Mess. Prescotts for these fifteen years.

Can you state whether you had any cash, and to what amount, on the 28th of January? - I cannot positively say.

Had you cash to the amount of this note? - I dare to say I had to the amount of some hundreds.

Prisoner's Counsel. Do you know either of these two men? - I never saw them before, to the best of my knowledge.

Mr. Garrow to Wolfe. Are you sure it is not the hand-writing of Mr. Joseph? - Yes, I am.

Does Mr. Joseph draw on Mess. Prescott, on checks? - Yes, he does.

Do you know either of the prisoners at the bar? - No, I never saw them at my house, nor any where else, to the best of my knowledge.

Mr. Fielding to Wolfe. What persons is Mr. Joseph's family composed of? - There are two brothers to Mr. Joseph.

Of what ages? - They are grown up; one of them has a family.

Is there any young man who has access to the place where his checks are kept? - He admits strangers never, and very seldom his brother.

Where are the bankers checks kept; are they kept under lock and key? - To the best of my knowledge they are.

Have you any real ground to doubt of the hand-writing of the word January? - No, none in the least; it is not like any one's about our house.

Court to Mr. Hollingsworth. Are the checks delivered in a book, or how are they delivered? - They are given in whole sheets mostly, but sometimes cut.

Court to Mr. Joseph. Are they delivered to you in sheets, or some ready cut? - Some one way, and some another.

Could you lose any of these checks without knowing it? - I suppose I might.

Mr. Garrow. Every other customer has the same checks, my lord.

Court to Mr. Joseph. Do you know when you received the last checks, previous to the 28th of January? - At the beginning of January, after settling of the book: I took home a new book, and a parcel of checks.

Do you know whether these checks are of the fresh supply, previous to the 28th of January? - All the checks I then received, were delivered to me this way. (Some produced.)

Have you had occasion to have your checks altered? - No, not lately.

Mr. Garrow to Woodhouse. When your checks come home, they do not come home cut in this state in which they are now? - Some do; some do not.

Do you know whether the check is engraved over five or six times, or only once? - I believe only once.

Court. It is obvious they make but one drawing of a sheet.

Court to Hollingsworth. When was your name first introduced into the business? - About two years ago.

How long has this firm been in use? - About a twelvemonth, to the present time.

Prisoner Rapley. I leave it to my counsel.

Court. You are aware your counsel cannot make any observations; you must make them yourself.

WILLIAM DORR 's DEFENCE.

I cannot say any thing but what I said at Bow-street; and as to the rest, I leave it to your lordship and my counsel.

PRISONER RAPLEY's DEFENCE.

On Wednesday evening, the 27th of January, Dorr came to my house about the hour of nine in the evening: after the usual ceremony of how do you do, he told me he had been lucky in finding a draft for a good deal of money; that he had been over Black-friars-bridge to fetch something, and that on his return, nearly facing the Albion Mills, he saw a paper lay, and picked it up, and looked at it as well as he could by the light of the moon; that he proceeded on his way home; and on this side of Black-friars-bridge, he stopped and looked at it by the light of a paper lanthorn; that he took it home, and thought upon consultation, he would call upon me, which he did, and asked me if I was going into the City the next day? I told him I was; and he said he would get me to get it cashed for him: I asked him again in particular, to tell me the manner of his finding it? and he described it exactly as before; I told him I would call on him in the morning, and hoped he had told me the true state of his coming by it; I called on him in the morning, and went with him; he said, if you will be so kind as to receive this for me, as I never was at a banker's, you will do me a great deal of service. The truth of this story of his coming to me, remains with my counsel; I believe they have sufficient witness of his being there; and also of his telling the story in the hearing of others. I observed the draft was dirty at the time he presented it to me; and I asked him whether the draft was off the pavement, or not? he said it was a little off, on the horse road.

Prisoner Dorr. After I had left work, I went home and had a dish of tea; after that, I went over the water to redeem a cloak which was pledged; and not having money enough for that, I took a gown of my wife's, and pledged it for five shillings, at Parker's; the cloak was in for three shillings, and the interest was one shilling more; so the cloak was brought down, and I gave them the four shillings: as I was going home, before I came to Black-friars-bridge, just by the Albion Mills, I saw a piece of paper lay, which I stooped and picked up; and read it by the moonlight as well as I could; from that I went to the first light I saw: I stayed at an apple-stall, and read it; from this I went to my lodgings, and gave it to my wife, to look at it; I asked her if she thought it was proper for me to go to my brother in law's? she said, yes, by all means; so I called at Mr. Rapley's, who agreed to get the cash for me; and that is the whole truth.

Rapley. After Dorr was gone, some gentlemen (acquaintances of mine) came to my house; I told to two of these gentlemen, separately, the circumstance of the draft being found, and by whom; and asked their opinion of the business; the gentlemen are attending to prove this; to prove my shewing it them, and asking them their opinion; their answer was, if I could place an implicit confidence in Dorr, and thought he came by it by no improper means, they could see no great harm there could be in tendering it for payment: and this each of them said.

ABRAHAM GOLDSMITH sworn.

You are a merchant in the City? - Yes; and I know Mr. Joseph.

Do you know either of these men? - I never saw them to the best of my knowledge.

You have had transactions with Mr. Joseph? - Yes, I have had bills of him.

Mr. Garrow. What the prisoner said of going to redeem his wife's cloak, hath been enquired into, and is admitted by the counsel for the prosecution to be true.

Prisoners witnesses.

- STOCK sworn.

I am a carpenter: Dorr hath worked for

me ever since September, for this five months; and always worked till six o'clock, except on the 27th of January, when he left off some time sooner.

JOHN BOWERS sworn.

I am thirteen: I think that is the man (points to Dorr) that stopped at the paper lanthorn, I believe four weeks ago, yesterday.

What time in the evening? - The watchman was coming half past eight.

What did he do? - He held up a piece of paper, and looked at it.

Who was keeping the stall at this time? - I and my sister.

Which side of the way is the stall? - On the right-hand side, this side of the bridge, by Chatham-place; and that man came up, and held up a little bit of paper to the lamp; it was a paper about that size: I am sure that is the man that read the paper.

Your sister was there at that time? - Yes, Sir.

Is she here? - Yes.

Mr. Garrow. You have told my friend it was four weeks ago, yesterday; do you reckon by the weeks? - Yes.

What day of the week was it this happened? - It was the middle of the week: the man took the note.

Now this is Monday: if it was yesterday four weeks, it must have been on a Sunday? - It was not on a Sunday.

Now recollect yourself as well as you can, and tell me what day of the week it was? - I am sure it was in the middle of the week, because my sister was going to place the next day.

She is older than you? - Yes.

Are you certain that the day the man came to the stall, was the day before your sister went to her place? - Yes.

How soon was it you was asked to remember this circumstance? - The next week afterwards.

Who was it came to you? - It was a man; I should know him if I was to see him.

Was he a labouring man? - I believe he was.

What did he say to you? - He said do not be frightened, I only want to speak a word with you.

Where was this he came to you? - He came to my father's house: I live in Crown-court, Fleet-street.

Then the first application they made to you, was at your father's house, Crown-court, Fleet-street: they did not come while you was at the stall? - I believe my sister told them at the stall: I, myself, saw them at the house first.

Was there no one at the stall, but yourself and sister, when the man read the paper? - Yes, there was a gentleman buying some oranges.

No woman? - No.

Did you take any particular notice of the paper: do you think you would know it if you was to see it: do you know whether it was wrote upon or no? - There was some writing upon it.

What did he say to you about it? - He said nothing to me about it

Did he desire you to take notice? - No, he did not.

Did you ever see the man before? - No, I never did.

How long did he stop? - He staid about three or four minutes.

I wish you would recollect yourself, how many days it was after you saw the man at the stall, before you was asked any questions about it? - I believe it was the next week; I am not sure of it.

How early in the week? - I cannot tell.

In the beginning, or at the latter end? - In the beginning.

Look at that paper, and see whether it was such a paper as that? - Yes, it was.

And it appears to have as much writing on it, and as clean? - I did not take so much notice.

Mr. Fielding. He did not desire you to look at it? - No: there was a man buying oranges at the same time.

ANN BOWERS sworn.

How old are you? - I am fourteen.

Are you the daughter of Mary Bowers ? - Yes: my mother keeps a stall facing of

Earl street, in Bridge street, this side Black Friars Bridge, on the right hand side.

Do you remember being at your stall at any time in January? - Yes, and the watch was coming half after eight; the next day I went to get a place, and the gentleman told me to come the week following.

Do you remember any man coming up the night before this, and reading a slip of paper? - I do, and there was a gentleman buying oranges at the same time.

Did he read it by your lanthorn? - Yes, and the watch was coming half after eight, at that time.

How long did he stop? - He did not stay only time enough just to read it, and then he walked away with it in his hand.

Did you go to look after a place on Thursday, as this happened on Wednesday? - Yes, I did.

How long is it ago do you think? - About a month last Wednesday; after this, a man came to me, as I was going to the stall, and asked me where my mother lived, I told him in Crown court, Fleet street.

Did the man ask you to go to Bow street? - He did not, but my brother was to go, he said.

Did you know the man before? - No.

Do you know him now? - I do not know I should.

What sort of a paper was it? - It was about that length and that breadth.

Was it clean or dirty? - I think it was cleanish.

Was there any writing on it? - I do not know.

Did he speak to the watchman? - Not that I know of.

What time does he come on duty? - At eight o'clock.

Are you sure what sort of a night it was? - I believe it was a dry one.

MARY BOWERS sworn.

I am the mother of the two children; I not only keep a stall in Bridge street, but have work at home, and live in Crown court, Fleet street; on Wednesday the 27th of January, my two children kept the stall as I had some work in a hurry, which I wanted to finish.

Do you recollect what sort of a night it was? - It had been a very fine dry day, but a very cold one.

How soon was you applied to on this business? - On the Friday following.

Did your children go to Bow-street? - They were applied to, but did not go.

MARY WADE sworn.

I am a servant to Mr. Rapley; he lives in Orange street, Leicester fields; a month ago last Wednesday, Mr. Dorr, called upon him; I did not see the note, but I heard him tell, he had picked up the note the other side of Albion mills about half past eight o'clock.

Did Mr. Munden and Mr. Rivers, call that night? - They did.

Mr. Garrow. In what room did this pass? - In the back parlour.

What other persons heard the conversation? - There was no persons present besides Mr. Rapley and William Dorr.

Did you know Mr. Dorr? - Yes, I have seen him six months coming to Mr. Rapley's.

Did you hear whether it was a bank note, or what note it was? - I did not.

Did you attend at Bow street? - I did not.

At what time did Mr. Munden come in? - Mr. Munden came in while Dorr was there.

WILLIAM MUNDEN sworn.

I am a builder; I live in Pimlico; on Wednesday the 27th of January, I went to Rapley's house; when I came there, I went into the back parlour, and Mr. Rapley shewed me a note, and said his brother had had good luck, and had found it.

Did you examine it? - I think I should know it again, there was a blot under the ought, (looks at it). It was likewise stained on the outside, exactly so.

MATTHEW RIVERS sworn.

On the 27th of January, I was at the

other end of the town, and called upon Mr. Rapley; after I was there some time, he shewed me a draft, which he said an acquaintance of his had found that evening.

Did you look at it? - I did; (looks at it) this is the draft, I made a remark of a blot on the ought at the time.

Court. It seems to me very sufficient, the defence they have set up, and especially by their calling of children, and they agree in the fact, which it is not likely they would have called children to attest a forged story.

BOTH NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17900224-86

323. JOSEPH COOPER was indicted for stealing, on the 13th of January last, a leather pocket book, value 14 d. the property of Edward Owen .

EDWARD OWEN sworn.

I was standing to see the king go to St. James's, I believe it was the 13th of January last; I was standing in the park, near St. James's Gate ; there were several standing there besides; I was in front, and the prisoner and several others were behind me; there was a great croud; I found my pocket book was gone; I had it in the morning; I immediately accused the prisoner with taking it; and he said he had not; and was going to strike me; I let him go, but others came up; I hallooed out, and he was stopped; I saw him searched, and the pocket book dropt from between his legs; I saw it between his legs; it is mine; I had it that morning; I was going to Mr. Pitt, to receive a bill, and had taken it out to put a stamp in it; and I value the pocket book at 2 d.

Mr. Garrow, Prisoner's Counsel. How far had the prisoner removed when you first challenged him? - As far as from here to the door.

He might have dropped it before he came to that place? - Yes.

PATRICK MACMANUS sworn.

I was at the gate; I heard a great noise, and by the Duke of Marlborough's wall, the prisoner came running towards me, a number of people after him; says I stop; no, says he, damn you, I will not stop; I hit him on the head with my stick, and caught hold of him, and he tumbled me down, he did not strike me; I got up again, and another man had hold of him; I saw nothing of the book till the other witness produced it; Owen came up after I fell; on searching him for the book, I found this pocket book, and something like country bank notes.

Court to Prosecutor. When was it you saw this pocket book between the prisoner's legs? - When I came up to the prisoner, Macmanus had been thrown down. I believe he was got up again then; when I saw the pocket book between the prisoner's legs I was very near him.

How long did you see it before it fell? - A very little time; the prisoner swore he had it not; he was struggling with Macmanus and the other.

Prisoner. I leave it to my Counsel.

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

GUILTY 10 d.

Transported for seven years .

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

Reference Number: t17900224-87

324. JOHN GOODRICK was indicted for that he, about the hour of one in the night of the 22d of December , into a certain garden ground, belonging to Thomas Weatherall , Esq . unlawfully did enter, and seven young plants, called rosemary plants, value 7 s. belonging to him, there standing, growing, and being, without his consent, unlawfully, wilfully, and feloniously, did pluck up, dig up, take and carry away , against the statute.

(The indictment opened by Mr. Coxe, and the case by Mr. Garrow.)

The witnesses examined separate.

JAMES HUDSON sworn.

I am the watchman; the prisoner, and Henry Bartlett , who was convicted last sessions, past me about eleven; I spoke to them; I continued on my watch till twelve; I heard a noise, it was in the back lane, Hammersmith ; the sound of the people's voices seemed sometimes before me, and sometimes behind me; then I went to my watch-box, and blew out my candle; and at one I went out without any light; and coming down the Mall, I heard a noise; and walking gently along, I saw two men come over Mr. Weatherhall's paling, over the fence of the garden; they knocked one of the heads of the rails off in coming over; as I followed them, I picked up a sprig of rosemary, at first I smelt to it; while they were in sight of me, they dropped an arm full of rosemary; I did not pick the whole up, I picked up a bit of it, and found it was the same I had before; it was near the Cannon; at that time they escaped; one had a long blue coat and trowsers on; I went back again, and then went to my watch box, and staid till two o'clock; I cried two o'clock; I went over the same bundle of rosemary, and I went into the garden, and found the rosemary cut, and told the servants: two nights afterwards I questioned the prisoner, he was running round the corner; I followed him to the further corner; and said how come you to serve me as you did? D - n your eyes, says he, how did I serve you? Why, says I, very dirty; that was about going over Mr. Weatherhall's ground, and I said, remember you was over in Mr. Weatherhall's ground; says he d - n your eyes, you lie, I was not; then I retired to my watch box. Two nights after, I was at my watch box, he and somebody came there, and said, d - n his eyes, let him alone, we will watch an opportunity, and rip him open, and wash our hands in his blood; he left the neighbourhood that very night; I did not attempt to take him, he was so bloody minded; I waited to tell Mr. Weatherhall the consequence of it, and ask him what I should do.

Do you know whether any attempts were made to take this man before last sessions? - Yes, there were, and he was taken at Kensington Gravel Pits.

Mr. Knapp, Prisoner's Counsel. He staid two days before he absconded? - Yes.

The way you knew him first, was, only by the long blue coat and trowsers? - Yes, and I saw him twice; twice the length of this court.

Was it a cloudy night? - Yes, and light withall.

What state were his legs in, was he able to run? - I take my oath he was able to run as I am, and did run faster.

Court to Hudson. After he came over the pales, did he talk to you that night? - Not a word, after he came over the pales.

- RILEY sworn.

I am gardener to Mr. Weatherhall; I saw these plants the day before; I missed seven on the 22d of December, there were seven picked up, cut up, and destroyed.

Court. Were the roots gone? - Some were cut off and some were picked up, but entirely destroyed.

What do you value these plants at? - I value them at one shilling a piece, but I have asked the advice of some nursery men, and they say eighteen pence.

How many plants were picked up? - There were two cut up.

What would be the value of them? - Two shillings.

Were the other five cut? - Yes.

Would not they grow again? - No, they were cut so low, that they were not worth anything, they were the same as if plucked up.

Do you mean that they were worth a shilling to sell? - Yes.

What is Mr. Weatherhall? - A gentleman.

Were they worth a shilling a root, as the property of a gentleman? - They were worth a shilling a piece if they had been sold.

What were they worth being in the garden? - Why they must be worth that in the garden.

Mr. Knapp. My Lord, on the part of the prisoner a question in point of law occurs

to me, and I think it my duty to take the objection: This act of parliament creates two distinct offences upon the face of the first, whoever shall, in the night time, lop, top, &c. any plant, or shrub, of the value of five shillings, standing, growing, or being: the second part makes it a felony, to break, or deface, or spoil, any of the plants, without mentioning the taking, or carrying them away: my objection is, that this indictment charges, that he plucked up so many roots, value 5 s. whereas the offence proved is, that there are two roots only plucked up, and that the others have been broken and spoiled in the nursery ground.

Court. It is pluck up, dig up, break, spoil; if he plucks up and spoils, I take it he is within this act of parliament; according to the evidence, two are plucked up by the roots, five have been spoiled.

Mr. Knapp. In the first place, on the face of the indictment, it is charged, that he unlawfully, wilfully, and feloniously, did pluck up, dig up, and carry away seven young plants, called rosemary plants, value seven shillings; the evidence goes to two, I agree, on the face of the indictment, but it does not go to the five others.

Court. There is a great deal in what that gentleman says, there were only two plucked up.

Mr. Garrow. I submit the evidence perfectly supports the indictment; it is material to see what is the charge in the indictment; it is, that he feloniously did pluck up, dig up, take and carry away; and I submit that this particular part of the charge is perfectly well sounded; I submit, first, on the evidence, it is perfectly clear, that all this was, at least, plucked up; then I submit, that the other words, dig up, &c. may be rejected, as surplusage.

Court. Mr. Knapp's objection is, that he must be guilty of either plucking up, digging up, breaking, spoiling or destroying, or carrying away shrubs, or plants, value five shillings: Now, says he, your indictment is only for plucking up, digging up, taking and carrying away, to the value of five shillings, and the digging up goes only to two shillings; and then, he says, that with respect to the other five, it is not included in your indictment: but if the Jury are of opinion that they were taken and carried away, what do you say to that Mr. Knapp? for if he is guilty of either plucking up, digging up, or carrying away he is guilty.

Mr. Justice Gould. Look into the indictment, and see whether it says, then and there standing, growing, and being in the garden ground? - No, it does not.

Mr. Garrow. I submit it is a question of fact, for the Jury, whether this man has dug, or plucked up these plants; I say, that the plant growing in the ground being torn from its root, is plucking it.

Court. That is plucking off, but not plucking out; but there is a much stronger reason which weighs in my mind, on the evidence, that the watchman was at a distance, and it was a cloudy night, at the distance of this room, and that he did not see the prisoner afterwards.

Jury. We are satisfied.

NOT GUILTY .

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

Reference Number: t17900224-88

325. THOMAS DOUGLASS was indicted for feloniously assaulting Charles Heath , on the king's highway, on the 19th of January last, putting him in fear, and feloniously taking from his person, and against his will, two pieces of callico, containing fifty-six yards, value 50 s. a piece of printed cotton, containing forty-nine yards, value 40 s. a linnen wrapper, value 9 d. the property of Samuel Thomas Garrard .

CHARLES HEATH .

How old are you? - Thirteen the 11th of May.

Do you know the nature of an oath? - Yes, I shall go to the Devil if I tell a lye.

CHARLES HEATH sworn.

I live with Mr. Garrard; a linen draper , in Watling street; I am not an apprentice; I have lived with him about two months; on the 9th of January, I was going to Mr. Bowman's, in Whitechapel ; about two o'clock when I went from home; I went to Whitechapel directly; I had two pieces of callico and one piece of print; I went into a shop in Whitechapel, to ask my way, and a man there said, he was going to the house, and he would shew me; I do not know who the man was; he is not here; the man took me down some entries, some alleys; then another man came running down from a public house; the man took me down ever so many turnings; then they had me down some more entries; they asked me to let them feel the weight of my parcel, and they did so; then one took hold of my arm, while the other took away the things from me.

Court. Are either of those two men here? - One of them is cast.

Then you do not know the other man? - No, Sir, I do not think he is the right man, or he is altered very much since; the one that held me, took away a letter which I had in my hand for Mr. Bowman; he took and tore it almost open, and then he gave it me again; and then he swore at me because I would not go after the man that took my parcel; but he shewed me a wrong way; after that I ran out into the streets, and I met a patrole; the other man staid behind; and he and another man had me home, upon my telling them what had happened: I saw one man again, when he was caught; it was the next morning; he was at a public house for me to pick him out; I saw this prisoner at the Counter the morning after he was caught; I never saw him before I went to the Counter; I do

not know what day it was; I cannot swear that the prisoner is one of the men; I swore to the other man: the callicoes were all in one large parcel with a wrapper over them.

(The information sent for.)

Court. Was the man that you swore to, the man that held you, or the man that took away your parcel? - The man that held me, that is the man I swore to before.

BENJAMIN ISAACS sworn.

I am assistant to the patrole of Aldgate; on the 19th of January last, this boy came to me in Petticoat-lane, and told me he had been robbed, and I went with him to the constable; and I went with the boy to his master's: the boy gave me information of a thin faced pretty faced boy, very slim, and therefore I gave the name of the prisoner; but I cannot swear to him.

MOSES EMANUEL sworn.

On the 19th of last month, the boy and the patrole came to me; and I sent the patrole to the boy's master's; the boy described two men, one with a white jacket, and the other with a striped coat; I took three men out of a house in Wellford street, the Duke's Head, on Monday; I brought them, to the Castle public house; I mixed them and sent to the boy to pick out his men; he picked out, the man in a white jacket, who was convicted.

Court. There is no evidence, Gentlemen.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17900224-89

326. GEORGE SWALLOW was indicted for stealing, on the 16th of December last, fourteen pieces of gold coin, called guineas, half a guinea, one half crown, and six shillings and six-pence, in monies numbered , the monies of Peter Martin .

There being no evidence, the prisoner was

ACQUITTED .

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

Reference Number: t17900224-90

327. THOMAS PARNELL was indicted for unlawfully, knowingly, and designedly, obtaining by false pretences, four sheets of paper, each stamped with a 6 s. stamp, value 24 s. 8 d. a piece of parchment printed for a bill of Middlesex, stamped with a 2 s. 6 d. stamp, a piece of paper stamped with a 2 s. 6 d. stamp, value 5 s. 6 d. the property of Robert Findley Warne , with intent to defraud him thereof .

SAMUEL BISHOP sworn.

I am an apprentice to Mr. Robert Findley Warne , a stationer : I know the prisoner at the bar; I saw him the same morning; I took him; and before that, on the 9th of January, he came to Mr. Warne's shop in the evening, and asked for four six shilling stamps of the common size, for bills of Middlesex, and a warrant: I gave them him, expecting to be paid for them; he then said they were for Field and

Brown, at No. 8; I was not satisfied at this, but followed him immediately to No. 8; he went up one pair of stairs: it is but a very few yards: I never lost sight of him; but not hearing the door shut and open; I stood on the stair-case; on that, I looked up the stair-case, and saw him come down: when he came down, he said it ought to have been a latitat; on which I desired him to go into the shop, and they would change it for him; I then saw him to our door; and I had the curiosity to go into Mess. Field's and Brown's chambers; I went into the shop to enquire for him; and in consequence, I went after him; but however, I did not see him till I saw him at the Stamp-office; on seeing me, he immediately ran out; I followed him; and as soon as he got to the top of the steps in Somerset-house-square, he turned round, and asked me if I was following him? on which I answered I was not; after that he went up to the gate that leads into the Strand, and came and asked me which was the way to the Strand? I informed him it was on the left hand; he walked a few yards on this side of the way, and then crossed over, and went through several courts, and enquired for somebody at one or two places; I proceeded, and never lost sight of him; he turned round several times to ask me if I was following him? I said not; in a court leading to Clare-street, he turned round, and said he would knock me down; upon that, I desired several people to lay hold of him.

Now, I would ask you whether the prisoner is the same person you saw on the 9th of January, at the Stamp-office? - It certainly was; I have no doubt about it; not the least.

Mr. Knowlys, Prisoner's Counsel. What time of the evening was it that the young man came to your shop? - About seven o'clock on the 9th of January.

It was candle-light? - Yes, it was.

Was your shop a shop of considerable custom? - Yes, it is.

How long after this was it, before he was apprehended? - It was about the beginning of March, or the latter end of February, that he was apprehended.

And this person had not been in custody till then? - No, he was not.

You had never seen him all this time? - No.

There are a great many young men who are clerks to attorneys? - Yes.

You attended at the lord mayor's when this young man was taken: did you point to a young man who was clerk to the sitting alderman then? - I did not.

I ask you whether he did not go voluntarily to the office? - Yes, he did, very quietly.

I do not know whether it has happened to you, as it has to me this afternoon, that you have taken one person for another? - I might have done so; but I am certain as to the prisoner.

Court. On your cross-examination, you said he went quietly: what day was this? - On the day he went to the Stamp-office.

On that day he was taken; was he taken to your shop? - He was.

Jury to the witness. You have told us that the prisoner came out of the Stamp-office, and asked you the way to the Strand; and that you followed him? - In Clare-street there are two courts; from Clare-street he went through the market; and was going into Vere-street; he was going to turn towards the dead wall, but did not go; he did partly go, but returned; he went afterwards up a court, and then he returned from that court into Clare-street, and went through Clare-street quite into Vere-street, through the market; on this side of the market, which leads to Wild-street.

ROBERT GOLDSPRING sworn.

I am clerk to Mess. Field and Brown, No. 8; I have been clerk there four or five months: I have seen this prisoner, but never at our chambers; and never gave him any orders whatsoever.

In January, do you remember the last witness coming to you? - I do.

Mr. Knowlys. Have Mess. Field and

Brown any clerks but you? - No; but he has a brother in the office.

Mr. BROWN sworn.

I am in partnership with Richard Field .

Do you remember, on the 19th of January, giving any orders for six shilling stamps, and a bill of Middlesex? - No, never, at any time.

RICHARD FIELD sworn.

Did you give any orders to the defendant on the 9th of February, or at any other time? - No, never.

GEORGE FIELD sworn.

I am a clerk to my brother, and was in January last.

Do you recollect whether you gave any orders to the defendant for stamps? - I never did; I know him very well.

The prisoner called four witnesses to his character.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: o17900224-1

OPINION of the JUDGES.

On the first Day of this Sessions, John Wilkins , whose Sentence was respited in April Sessions last, was set to the Bar, when Mr. Justice Gould delivered the Opinion of the Judges on his Case, as follows:

JOHN WILKINS was indicted at the last sessions of gaol delivery for the City of London, on the 22d of April, 1789; (the indictment was in common form) for stealing thirty-six pair of silk stockings, value 20 l. and twelve pair of thread stockings, value 3 l. the property of William Wayte . On the trial, it appeared in evidence, that the prisoner, on the 9th of February, 1789, met the witness Richard M'Michael (the apprentice of Mr. Wayte) on Ludgate-hill: the prisoner asked him where he was going? and he said he was going to Mr. Heath, hosier, in Milk-street: the witness at that time, had under his arm, two parcels directed to Mr. Heath, which were the articles in the indictment; the prisoner told the apprentice he knew his master, and he had sent him for those two parcels; the prisoner then gave the lad a parcel (which afterwards appeared to contain some things of no value) to take to his master directly, that his master might forward them to Mr. Brown; and the prisoner, with the approbation and consent of the apprentice, took from him the two articles described in the indictment: the boy left the prisoner; a suspicion afterwards arising in his mind, he walked after the prisoner, overtook him, and asked him if he was Mr. Heath? the prisoner answered in the affirmative: the boy being satisfied, left the prisoner with the goods, which have never since been recovered. John Newman , another witness, swore, that he was acquainted with the prisoner, and that he was not Mr. Heath. The jury found the prisoner guilty. But the Court doubted whether under all these circumstances, the crime amounted to felony; and therefore did not pass sentence upon him; but referred the case to the opinion of the judges; and I understand that the verdict that is entered, is in general terms, that he was guilty. My respected and learned friend, Mr. Recorder, acted with very great consideration in a case which had excited a variety of opinions, to have this point settled by the judges: and the first day of the last term, ten judges were present, all the judges that could possibly attend; and they were unanimously of opinion that this conviction was right; some observations have occurred to me to support that opinion; and if in any thing my learned brothers who are here, who were present at the time of this unanimous opinion, doubt whether I carry this matter too far, they will be so good as to give any explanation that may arise: I state it, that the exact case in point of fact, has

not, as I apprehend, ever come before the judges; yet the principle on which I think it depends, has been more than once recognized, and resolved; I mean, that I hold, that it was taken from the possession of the owner: the true question then is, whether in consideration of the law, the prisoner did not take these stockings from the possession of the prosecutor, though not from his actual or personal possession? I am of opinion, that by law, the possession of mere personal chattles follows the property; for this purpose I refer to the case reported in Latch, 214, Hudson and Hudson: that was an action in the nature of an action of trover; the declaration was, that the testator was possessed of them; and after his death, they came to the hands of the defendant: there was a verdict for the plaintiff: and it was objected, in arrest of judgment, that the plaintiff had not proved that he was possessed of the goods; for the goods coming from the hands of the defendant, after the death of the testator, it was nugatory for him to stile himself executor: the Court was of that opinion, that it was unnecessary and improper to have stiled himself executor: but all of them, lord chief justice Hyde, &c. agreed for the plaintiff; for they said, upon the matters in the declaration, the law says he was possessed, because the property draws with it the actual possession of goods, upon which you may have trespass: as if a man in London gives me these goods that are at York, if another takes them, they shall have trespass; that seems to have been the solemn opinion by judges of high character and reputation: and that principle that I have asserted, is true, that the possession follows the property. In the next place, the possession of the owner cannot be divested by the thief; and therefore, it is determined, that if a man steals my goods, and then a second thief steals them from the first thief, I may indict that second thief, and in the indictment alledge them to be my property; because that second act of theft does not divest my property. I carry this farther in my judgment and opinion; that the same doctrine will hold when goods are obtained by fraud, that the possession shall not be divested from the true owner by it: and it would be very extraordinary to say, that the man that exercises that fraud by deceit, shall derive an advantage by his own wrongs. Heretofore in the antient times, there were extraordinary opinions, whether servants having the custody or care of their master's goods, embezzling them, were guilty of felony: there was an act of parliament, the 21st of Henry VIII. chapter the 7th, which recited, that when goods were delivered by the owner to his servant to keep, and the servant embezzled them, that it was doubtful whether it was felony by the common law: it did not recite that it was not felony, but only that it was doubtful whether it was felony by the common law: that act therefore, provides, in the case of servants being at the age of eighteen, and not apprentices: so that it left the matter intirely open to servants that were under the age of eighteen, having money, goods, and chattels delivered to them by their masters, that it was an embezzling with intent to steal; but this act of parliament, in my judgment, did not mean to weaken, but to assist the common law; and ever since that act, the opinion of those who held it felony before that act, has been confirmed: therefore, in the case of a butler who had his master's plate, and other instances of servants in the house, and about the house, having the custody of their master's plate or goods, and running away with them, and embezzling them, it has been held to be felony; on this ground, that they have not the possession of them, but the possession continues in the master or employer: and therefore it has been held, that those persons are guilty of felony, if they take them away: and it is not confined to them only; because, in the 21st of Hawkins 83, Lord Hale, 1st volume, 506, says,

"That my shepherd that has the care of my sheep (sheep must of course be out on the pastures) who takes away any of my sheep with intent to steal them, though he has the custody and care of them delivered to him, and is intrusted by me, is guilty of

felony, just as much as any stranger." Now with respect to servants who steal their masters goods from their masters, not intrusted with any dominion over them, but to convey them to any place, or to do any particular act with them towards their convenience; it has been determined, that that servant running away with the goods, is guilty of felony. Very soon after I had the honour of being in this situation, I tried a man at Salisbury, whose name was Purdock: he was the foreman to a mercer at the Devizes; his master delivered to him bills to the amount of 1200 l. to put them in covers, and send them by the post to his correspondent in London; it was on the Saturday; the master had great confidence in this servant of his; the next morning, he desired his master's permission to visit a relation four or five miles distant, and should be at home in the evening; but he did not come; the master's mind misgave him, and he sent, and found the man had not been there: he sent pursuers, and the next day discovered he had changed one of those bills at Salisbury; they overtook him at Topsham in Devonshire, going to set sail for France; they seized him, and very fortunately recovered great part of the bills: this man was tried before me, and very eminent counsel were concerned for him: one, now no more, very well known, which was Mr. Dunning, was counsel for this man: they contended, that he having received those bills from his master, it could not be a felony: they resembled it to the case of a carrier, which I thought bore no similarity to it; but the man was found guilty: my idea was, that the possession of the master was not at all removed, and that it was just the same thing, as if he had stolen it out of his master's desk; however, at the request of those gentlemen, I reserved it for the opinion of the Judges, and they unanimously concurred in the opinion I had given: In Michaelmas term, 1782, one William Bass (and I have the case here) was indicted for stealing a quantity of goods, value eighty pounds; the prisoner was porter to the prosecutor, who delivered to him a parcel, containing the goods in the indictment, to be carried to the customer; in his way, he was met by two men, who prevailed upon him to go into a public house; where they persuaded him to dispose of the goods, which he consented to; and one of the men then brought a person, who bought the goods, and the prisoner received eight guineas of the money: the question was, whether this amounted to a felonious taking; then follows a note, that the goods were taken out of a sack, and that they were delivered to the prisoner, and put into a brown bag; it was tried by the late Recorder, Mr. Serjeant Adair. Now, I should observe, that the last case furnished a colour for a distinction, which has been taken, in the case of a carrier; that if the carrier runs away with the whole bale, he is not guilty of felony; but if he opens the bale and takes out a part of that, then he will be guilty of felony; indeed, after he has got to the place of destination of the bale, then if he takes away the whole, he is guilty of felony; the case of a carrier stands on a peculiar bottom of its own, that the carrier acquires a sort of special property, to protect those goods against every one; that he is responsible to the owner, for the value of them, in every respect without excuse, excepting publick enemy or tempest: but on the consideration of this case, the Judges did not at all see that, as a material circumstance. Upon my return from Lord Mansfield's chambers, the same evening, I set down by myself, and made a memorandum, that all the Judges present held the conviction right, the possession being as they held, still in the prosecutor, the prisoner being his servant; and I put down a memorandum, Purdock's case, tried before me at Salisbury; so also resolved upon the same principle. I am confirmed in this also, by having seen a note of this case, of William Bass , taken by my brother Buller, who puts it down in the same manner, and there is a reason added in his note of the case; that it was in the power of the prosecutor, to have countermanded that servant from carryingthem to his customer. I am sure, if that is right, that is a determination, that the possession still remained in the master; now, these two cases, that I have referred to, the case of Purdock, and the case of Bass, were of servants themselves; the deluders (the persons that drew in William Bass , to go to the public house, and then to defraud his master, in the manner as has been mentioned) they were not taken, they were not brought to justice; so that two instances are mentioned of servants, of immediate servants, taking goods from their masters; but it seems to me, that that should bear harder on the deluder, on the deceiver. Bass, in all probability, would have been innocent, had he not been drawn in by those two wicked persons: and in the present case, the boy that was sent by his master, to deliver those goods to Heath, he is perfectly innocent; it is the prisoner alone, that is comprehended in the guilt. Now, I conclude, that the goods were stolen from the possession of the master; this man's obtaining them by this fraud, that I have stated, from the boy, is just the same thing, as if he had obtained them from the master himself. I hold this to be the same, as if he had come into the gentleman's shop, and taken these goods from his counter, or from his window, and immediately ran away with them; it is just as much a taking from the possession of the master, in my apprehension, as if it had been done in the shop. There was a case of one Fisher, reported in Sir Thomas Raymond 275, where a man came into a lace-shop, and pretended, to the woman that kept the shop, that he wanted two laced cravats; she took them down, and delivered them to him: he asked the price; she said seven shillings; he said he would give three, and immediately run away with them; the objection there was, that these goods were delivered to this man: but Sir Thomas Raymond was of opinion, that it was a felonious taking, and was exactly the same as if he had snatched it from the counter, and run away with it. The famous case here of a man in Smithfield, that desired to try the paces of a horse, the owner let him mount, and he immediately set spurs to the horse, and ran away with him. And not to enter further into the case of obtaining goods under false pretences, meaning at that instant to steal the goods, which has been often held to be felony; I take it, that this case is stronger than that; that it is an actual taking fraudulently from the master; just in the same manner, as if the master himself had been present, and the man had snatched them away. These are the reasons I offer in support of this judgment of conviction.

[Transportation. See summary.]

Reference Number: o17900224-2

James East and William Wilson were executed on Wednesday, 31st March
Reference Number: s17900224-1

The Sessions being ended, the Court proceeded to pay Sentence as follows:

Received Sentence of Death, 7, viz.

Joseph Phillips , Thomas Alexander , Henry Jones , James East , William Wilson , James Betts , and Samuel Dring (this last prisoner to be drawn on a hurdle.)

N. B.

Reference Number: s17900224-1

James East and William Wilson were executed on Wednesday, 31st March ; and Samuel Dring died in Newgate; the rest were respited during his Majesty's pleasure.

To be transported for fourteen years, 3, viz.

Mary Linton , Ann East , and Susannah Warren .

To be transported for seven years, 32, viz.

George William Barber , James Cartland , John Cane , Thomas Carrol , John Swinney , Martha Todd , Thomas Brown , John Jones , Thomas Perry , Thomas Parnel , Joseph Cooper , Robert Deans , Susannah Dyer , Edward Marsh , Thomas Clarke , Allen Cameron , Jemima Wilson , John Casey , Henry Messenger , William Austin , James Pappin , Robert Weale , James Franklin , Mary Butcher , John Brewer , Daniel Fisher , Robert Jones , Jeremiah Carey , Francis Barnsby , Solomon Marks , John Wilkins , and Isaac Sanders N. B. The two last of former session from the time of their conviction.

To be imprisoned six months, 4, viz.

John Phipps , John Shedley , Sarah Walton (fined 1 s.), Susannah Bridgen (fined 1 s.)

To be imprisoned two months in Newgate, 1, viz.

Abraham Bristow Alexander (fined 1 s.)

To be imprisoned one month, 1, viz.

James Rous .

To be whipped, 12, viz.

Joseph Lightfoot , Thomas Bennison , Daniel Lynch , John Studley , Thomas Taylor , Edward Ryley , George Jones , George Oliver , Benjamin Franklin , Thomas Chaselin , Thomas Williams , William Johnson .

N. B. John Brown was convicted this session, of Grand Larceny, but when sentence was going to be passed, Mr. Garrow,

moved in arrest of judgment, on a mistake in the indictment, as to the year of the king's reign, the offence being laid to have been committed in the 31st year of his majesty's reign, and no such period having arrived, the court were of opinion, that the objection was good, and ordered the judgment to be arrested accordingly; in consequence of which, the prisoner was immediately discharged.

Reference Number: a17900224-1

Mr. HODGSON

RESPECTFULLY returns his most grateful Thanks to his Employers and Pupils, for the Preference they have thought proper to give to his Mode of teaching and writing SHORT-HAND, which he flatters himself is at once as concise and correct as any other System; he continues teaching in four Hours, by four Lessons, the whole necessary instructions in this much approved Art. He also takes Trials and Arguments with the utmost Care, which are copied so expeditiously as to be sent home the same Evening, if required.

A new Edition of HODGSON'S TREATISE ON SHORT-HAND is just reprinted, Price Eighteen pence; also

"SHORT-HAND CONTRACTIONS, adapted to every System;

"to which are added, a Comparative Table of Alphabets, and two Extracts by way of

"Specimen, with two Copper-plates annexed," Price 2 s. 6 d. Sold by J. Walmsley, Chancery-lane, and also by Bladon, Matthews, Bell, Brown, Clarke, Egerton, Fourdrinier, and all the Booksellers.

Letters (post paid) from Purchasers of either of his Books, directed to Mr. Hodgson, No, 14, White-lion-street, Islington, or No. 35, Chancery-Lane, will receive immediate Answers; and all Orders from Gentlemen in the Profession of the Law, and others, immediately attended to.

Gentlemen who send in haste to Islington, are requested to send a Porter, and not trust to the Stage or Penny-post.

The numerous and particular Trials which have been much enquired after, Mr. Hodgson has reprinted for the Accommodation of his Customers.

N. B. As many Gentlemen who have taught themselves Systems of Short-hand, not formed on this Plan, and wishing to exchange them, have found the Attempt too embarrassing; Mr. Hodgson has recently succeeded in introducing the peculiar Brevities of his System into others, without altering the Alphabets, and has found the Practice (though novel) perfectly easy.

Mr. Hodgson has a compleat Set of Sessions Papers, for the last thirty-three Years, to dispose of at the usual Price; or any person wanting any particular Trial, have may a Copy of it at Six-pence per Folio.


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