Old Bailey Proceedings, 24th April 1790.
Reference Number: 17900424
Reference Number: f17900424-1

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 FOURTH 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 IV. PART III. (Of the SESSIONS PAPER.)

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.

[PRICE EIGHT-PENCE.]

THE WHOLE PROCEEDINGS UPON THE

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

Reference Number: t17900424-1

330. THOMAS DICKSON was indicted for feloniously stealing, on the 26th of February last, one black gelding, value 10 l. the property of Robert Moffatt .

ROBERT MOFFATT sworn.

I am a coach-master : I lost a black gelding the 26th of February last, from Smithfield , in the street, to be sold; the prisoner brought it out of the stable, to look at it; the prisoner had the possession of it; I paid ten pounds for it; I bought it of the prisoner.

Did you pay the money for him? - Yes, I did, at the publick-house.

Was the horse delivered to you? - Yes.

How did you lose it afterwards? - I went across the market a little way, and the young man had hold of him that was with me; and we went to the publick-house, and there we found the man that I bought him of, and I demanded my money again; the prisoner got on the horse, and he kept whipping the young man that had hold of this horse; and he whipped him once or twice, and hit him over his back and his hand; the young man's name is Aaron Law .

AARON LAW sworn.

I was with the prosecutor. I saw the horse bought, and the money paid: I took possession of the horse: a young man belonging to the party came up, and said, you have bought a glandered horse; he went down to Dickson, and what passed between them, I cannot say; Dickson came out, and put a guinea into the prosecutor's hand, and got on the horse; I would not let the horse go; and the prisoner struck me over the back and hand, and another young man cut me over the legs; and the prisoner rode the horse away: I never knew the prisoner before.

PRISONER's DEFENCE.

This gentleman came to me and asked me the price of the horse; I told him fifteen guineas; says he, that is too much? no, it is not, says I; says he, is he found? I said, yes; he offered me ten pounds; I sold him the horse at ten pounds; a little while after he came to me, and said, you must take this horse back again, for it is not found, and I shall sue you for the money; says I, I have nothing to do with it, it is the property of a man in the country; there is a guinea in part of payment: that

gentleman's nephew gave the horse into my hands; I repeated it over several times, says I, if you will give me my guinea, I will give you the horse, and he would not.

Aaron Law . No payment was offered; he ran away with horse, and money and all.

GUILTY , Death .

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

Reference Number: t17900424-2

331. JAMES MAGG was indicted for burglariously and feloniously breaking and entering the dwelling-house of Mary Chandler , about the hour of eight in the night, on the 13th of April , and burglariously stealing therein a wooden tub, value 2 d. half a gallon of nuts, value 8 d. a cotton chair cover, value 4 d. a yard and a half of cotton, value 2 s. and twenty eggs, value 10 d. her property .

MARY CHANDLER sworn.

I live in St. Sepulchre's, Smithfield ; I keep a house, and a chandlers shop : my window was opened before I went to bed, and the things were taken that are in the indictment: the tub was taken out, which was within side; the window was shut down; it was a sash; I can positively swear it was down, because I live there, and my family; I did not see who took it; the eggs were broke.

ROBERT WALKER sworn.

I am a watchman. I produce a tub, which the constable of the night, Mr. Weldy, gave to me; he is not here; I took the prisoner to the Compter; he had like to have been rescued.

GEORGE GROVE sworn.

I am a mechanic, a watch and clock maker. I was coming casually by the prosecutrix's door, about eight; I heard a sudden noise, and saw the prisoner at the window, I am positive of it; I saw him lift up the window, and take something out like a tub; I told her she was robbed.

PRISONER's DEFENCE.

I was coming down St. John's-street, and I heard them call out, stop thief; and they took me; I took nothing out of the window.

GUILTY , Death .

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

Reference Number: t17900424-3

332. GEORGE COOK was indicted for feloniously stealing, on the 12th of April , seven silver shoe buckles, value 4 l. the property of Joseph Stephens , in his dwelling-house .

JOSEPH STEPHENS sworn.

I live in Aldgate, High-street ; I keep a watch-makers and goldsmiths shop . I know the prisoner; I remember his coming to my shop on Monday last; he asked me if I did not remember buying a pair of buckles of him a fortnight before, which were his wife's; says he, she has been very uneasy ever since; I told her not to make herself uneasy, and I would go to Mr. Stephens, and buy her another pair; he asked to see some buckles; I shewed him one pair; he did not like the pattern; I shewed him another pair; he did not like them; he wanted to see a pair that was larger; I shewed him a larger pair; then he pointed with his fingers to another pair, that was in the window; and I shewed him them likewise; then he said, let me see that green handled knife and fork; these buckles were on the counter, by the door; while I turned round a little to the left; when I turned back again he was run out of the shop, with all the buckles; I saw him go off the step of the door, and went after him; it might be a quarter of a minute; I just shut the door, and called stop thief; I did not lose sight of him till he was taken.

What is the value of the buckles? - About four pounds.

You knew him before? - I have known him some years; he has been a customer many times, which took off all suspicions

from me of his attempting any thing of the kind.

Mr. Garrow, Prisoner's Counsel. How many years have you known him? - Several years.

You knew his family likewise? - Yes; I knew his mother these forty years.

He bore a very good character? - He did.

Did not you think he might be going to shew them to his wife? - No, Sir; no.

- TEPPER sworn.

I produce the buckles; they were given to me by the prosecutor.

(Deposed to.)

Prisoner. I leave it to my counsel.

Court. I take it the prosecutor gives him a good character.

GUILTY, Death .

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

He was humbly recommended to mercy by the jury, from his good character, and the prosecutor's knowledge of him, and his affliction of not hearing; and also recommended by the prosecutor .

Reference Number: t17900424-4

333. SOPHIA ( wife of JOHN) JONES was indicted for feloniously stealing, on the 7th of April , one hundred yards of muslin, value 20 l. one callico wrapper, value 18 d. the property of Walter Smith , privily in his shop .

ROBERT SMITH sworn.

I am past fourteen: I know the nature of an oath. I know the prisoner; I saw her in my father's shop, in Oxford-street , on the 7th of April; she had another woman with her, who asked to look at some printed cottons; nobody else was in the shop; I turned round to get some printed cottons to shew her what she asked for, and when I turned round again I missed the prisoner; before I opened them she said they would not do for her; I missed a bundle of muslins, just as they are now, in this callico wrapper; and I rang the bell for Mr. Smith, and went in pursuit of the prisoner: the prisoner went one way, and the other woman the other: Mr. Smith, my uncle, came into the shop, and immediately I went after the prisoner; I overtook her; I went about three hundred yards below the street she turned up; then I came back, and went up that street; I saw her at the top; I overtook her, and told her she had stolen a bundle of muslin from us; she looked round at me, and dropped them immediately, and she dropped her cloak; I took the bundle up, and gave her leave to pick up her cloak; I brought her home myself; she came home with me; I asked somebody to come to my assistance; but nobody took hold of her; several people surrounded her; it was between four and five.

Court. Are you sure that bundle was the bundle that had been on your uncle's counter before? - I am very positive of it.

WALTER SMITH sworn.

These goods are my property: I was not at home when the things were taken.

Court. This evidence of the boy, which he has given in a very sensible manner, puts all doubt out of the case.

GUILTY , Death .

Tried by the first Middlesex Jury before Lord KENYON.

Reference Number: t17900424-5

334. WILLIAM INGHAM was indicted for burglariously breaking and entering the dwelling-house of Samuel Sainsbury , about the hour of eight in the night, of the 30th of January last, and burglariously stealing therein one woollen blanket, value 12 d. two flannel shirts, value 2 s. a pair of green cloth breeches, value 2 s. eight check linen shirts, value 30 s. a pair of nankeen breeches, value 2 s. a sheet, value 12 d. three pair of stockings, value 3 s. one pair of cotton ditto, value 12 d. four shifts, value 4 s. three white linen aprons, value 2 s.

two check ditto, value 1 s. three white muslin half handkerchiefs, value 1 s. one cotton handkerchief, value 6 d. three womens linen caps, value 6 d. five childs ditto, value 10 d. two night gowns, value 1 s. one frock, value 6 d. two shirts, value 1 s. one flannel petticoat, value 6 d. one woman's dimity coat, value 2 s. four sheets, value 3 s. one shawl, value 6 d. a bed-gown, value 6 d. a mangling cloth, value 3 d. and one pillow bier, value 6 d. his property .

ELIZABETH SAINSBURY sworn.

I am the wife of William Sainsbury , he is a seafaring man ; he lived then, and kept house, at No. 1, Sea-coal alley ; I keep a mangle; on the 30th of January, I went out about eight o'clock with my linen, and I saw three men about the door, the prisoner was one of them, and was nearest to me; it was a bright moon-light night; I had no conversation with them; I was out about fifteen minutes; I did not like the looks of the men, and I made haste home; I locked my door when I went out, and pulled it after me, it is a latch lock; I pushed against it, to see if it was fast; when I returned to my house, I met the other two, just opposite my door; and the tall one gave a cough, as if he seemed to follow me; I halloo'd then, and when I got near my door, I saw my door was open; I hurried in up the steps, and met the prisoner coming out with two bundles of linen, and one woollen blanket, and two flannel shirts, one pair of green breeches, and one shirt, which I have; the other things were distributed into different parts; they were not my property; I put my hand to the prisoner's collar, and said, you thief, you have been robbing me; he left all the rest of the things behind; used no violence; but the breeches remained in my hands; they belonged to my lodger; he ran away after I had told him I would know him among a thousand; the street door goes right into the room; there is no passage; there was fire light.

Court. Upon seeing him in the room, did you immediately recollect that he was one of the three you had seen near your door? - Yes, Sir, directly, and I apprehended him before a magistrate, five weeks after: my neighbours came to me, as soon as the prisoner got away; the things which he dropped, and which were in those two bundles, they were in my house; they were not my property; and the breeches belonged to my lodger, being the first thing I knew, I put my hand upon them; I had left them up one pair of stairs in a chest.

When you went up stairs did you examine that chest? - I saw it examined; the woman to whom this property belonged, was brought, the chest was not locked, and the things were gone out, and the chest was clear; the blanket dragged on his heels; I saw the things in the chest, that very day; I produce a boy's little green skirt, I have nothing else, the other things are all at sea.

Court. Pray when you returned to your house, did you make any observation on your door? - It had been broke open by force, there were two little bits of wood chipped away; the thing which the lock shuts into was copper, and that was quite out on the floor.

JOHN RYLEY sworn.

On Wednesday the 12th of March, I apprehended the prisoner for a robbery; he was examined before Mr. Green the next morning; he was acquitted; the prosecutrix came and swore positively to him.

JOHN FORRESTER sworn.

I know no more.

Prisoner. I have witnesses that the gentlewoman said, I was not the man that did the robbery.

ELEANOR M'GEE sworn.

I know nothing of the prisoner; this good woman told me some time ago, that it was one William Tuckey , a waterman, that robbed her, she would be on her oath of it; I cannot say what day it was before he was taken up.

Court. Did she give you any of the circumstances of it? - She said, his sister lived close by her, and she would be on her oath

that was the man that robbed her, and no other; for she took him by the collar and shook him, and he put her back; she said nothing else.

MARY GORDON sworn.

I know nothing of the prisoner, I never saw him till I saw him in the place of confinement; but when he was first taken, I heard Mrs. Sainsbury say, she could not positively say, that was the person; she came twice to Mr. Green's men, to ask them what she should say, when she came before the Court? I heard her asking the prisoner over and over again to confess the robbery; and I said for God's sake, if you have a mind not to swear against him; first she said she would, and then she said, she would not; this conversation passed at my own door; I never knew any thing of the woman till she came into the neighbourhood; she has been about six weeks in the neighbourhood; she has taken six or seven false oaths in the time; she said, last night, she would begin at the end of the street, and go all down it.

What is your business? - I do not keep any business.

How do you get your livelihood? - Sometimes I go out to a day's work, and my husband keeps me.

Do you take in washing? - Only wash for my lodgers.

Do you take in any lodgers? - I have one lodger, a man.

Court to Mrs. Sainsbury. These two witnesses have positively sworn, the one, that you fixed on another man, by the name of William Tuckey , as the man that robbed you, and that you knew his sister; and the other witness says, that you did not know who was the man? - I did not know the name, I always said from the first; they say his name is Tuckey; his person I will swear to: this Mary Gordon called me a blood-selling b - h, and a great many out of the way expressions.

Do you know such a person as William Tuckey , a waterman? - No, I do not.

Then the only reason you had for mentioning one William Tuckey , was, that you understood this prisoner was called William Tuckey ? - Yes, I said I could not say any thing about his name, but his person I was positive to.

The Jury deliberated a short time, and asked the following question.

Jury. The prosecutrix was gone fifteen minutes, I should like to know how much fire she had?

Court. What sort of a grate is yours? - A Bath stove.

Did you leave a good fire when you went out? - Not a very good one, but a middleing one; for as I went out, I had a candle in my right hand, and I saw them at the door, and I shut to the door for a minute, because I was afraid; then I had my candle in my hand, by which I had been working, the door is but just by; as I came back I had no light but the fire.

Jury. Had you much fire? - It was middling, there was not a great fire, nor a very small fire; it was a moon-light night.

The Jury deliberated some time longer, and then retired for some time, and returned with a verdict

GUILTY, Death .

Jury. The Jury wish to recommend him to mercy ; not to suffer death.

Court. Upon what ground? - Because there was some doubts about the light, and the identity of the person of the man; at one time it was moon-light, and at another time it was fire-light; and being a young man.

Reference Number: t17900424-6

335. THOMAS PARKER , SOPHIA GIRTON , CHARLES GEARING , and ELIZABETH GEARING , were indicted, for that they, on the 13th of March last, a piece of base coin resembling a shilling, falsely, deceitfully, feloniously, and traiterously did colour with materials producing the colour of silver .

A second count, that they did coin a round blank in base metal, resembling a shilling, against the statute.

(The witnesses examined separate.)

HUGH ANDREWS sworn.

I was one of the city constables, in March last; on the 13th of March, about five in the afternoon, I went to No. 16, Brackney street ; Wilson and me and Ramsbottom went there; when we came there, the street door was open; I went up to the door whistling, as I was told, and Mrs. Gearing opened the door; there was Parker, Gunn, and Sophia Girton ; the man, Gearing, was not there; Wilson not following me so close as I expected, I turned round to see what was become of him; Parker immediately threw some money out of the window, and five sixpences fell from him on the floor; I suppose he threw out sixty, the street was covered with them; I looked out of the window and desired Ramsbottom to hold him; Girton said, Lord have mercy on me; and put a nutmeg grater into her pocket; I found some aqua fortis in a bottle; two hammers, two pair of pliers, and a pair of scissars, a flat iron without a handle, and other things; they have been in my possession ever since: these are the sixpences that fell from Parker, and here are two files, and two punches, scouring paper, cork, and cream of tartar; Wilson has the nutmeg grater: Parker was standing with his back to the door; Sophia Girton had nothing in her hand but the nutmeg grater, Mrs. Gearing was going to make tea; Charles Gearing came in afterwards; here are four sixpences in one paper and two in another: Parker's hands were very dirty, in a state of work; Sophia Girton 's hands were dirty.

Prisoner Parker. Did you take that money of Sophia Girton , or pick it up off the ground? - I was standing by, when Wilson took it out of your pocket.

Prisoner. Oh you base wretch! you cruel villain! you cruel false swearing creature.

HENRY WILSON sworn.

I am one of the city officers also; I went on the 13th of March to Brackney street; when I followed the last witness, Parker was standing by the fire, Sophia Girton a little from him; the woman of the house, Mrs. Gearing, was by the fire; Gunn was on the side of Parker; the first thing I saw was, five sixpences fall from the left hand side of Parker.

Court. How came they to fall? - I imagine by his throwing several out; I saw him throw several out of the window; I seized Parker, and searched him; in his right hand waistcoat pocket I found these filings and cuttings, and some pewter; I searched Sophia Girton , and in her right hand pocket I found this nutmeg grater, with five bad shillings in a paper.

Prisoner Parker. You have forgot the good shilling you found in my pocket. - There was a good shilling.

Prisoner Girton. Did you take it out of my pocket, or off the ground? - I took it out of your pocket, I saw the tools found.

Prisoner Parker. You took it off the ground.

Wilson. I took the housewife, and every thing out of her right hand pocket, and she perfectly knows it.

EDMUND RAMSBOTTOM sworn.

I had the prisoner Parker by the collar, as soon as I went in, I saw five white pieces drop from him, like sixpences, I held him fast while he was searched, in his pockets there were two papers, one containing some white metal, seemingly silver.

MARY CLEMENTS sworn.

I picked up four sixpences in Brackney street, on Saturday afternoon; I do not remember the day of the month; I took them home; I have not got them; a gentleman had them away from me, the constable; it was the 13th of March.

What part of the street? - Right facing the house where they lived, it came tumbling down on my head.

JOHN HAT .

I was thirteen last Christmas.

Court. What will become of you hereafter, after your death, if you take a false oath? - I do not know, I never did yet.

What becomes of bad people after their death? - I am sure I do not know.

What becomes of good people after their death? - I am sure I do not know.

Have you learned your prayers and Catechism? - They go to a place of always torments.

JOHN HAT sworn.

I know Brackney street; I picked up two sixpences, I gave them to Mr. Anderson; I do not know what time it was; I left off work, which is six in the evening; I was going to play; I do not know the prisoners.

WILLIAM GUNN sworn.

I know the prisoners, and the house in Brackney street; I was there when the officers came; I was acquainted with Parker, when he worked journey-work with my master, Mr. Rederick, in Aldermanbury, a watch case maker ; I used to go with him to the flatting mills, to carry brass and silver, when it was melted down, then it was flatted down in sheets; then we used to take it home, and cut them out with these punches, the size of shillings and sixpences on a flat iron, with a hammer, on that flat iron; then after that Mr. Parker used to ask me to side them round, which I did; then Sophia Girton used to polish them; then Mr. Parker used to give me money, and I used to go to fetch aqua fortis to colour them; this is aqua fortis; then I used to rub them out with some salt in a cloth; then after that, with some soap on them and tinder, to make them look as if they had been in circulation.

What did the other people do? - I never saw Charles or Elizabeth Gearing do any thing in the work; but they have been in the premises when they were at work.

Now are you sure, that Parker used to send this metal to the flatting mills, and then have it flatted out, and then punched out and coloured? - I am sure. I remember the afternoon the officers came, I went up to Charles Gearing 's lodgings, and there I saw Mr. Parker, and Sophia Girton, cutting out sixpences; they had just done work when the officers came.

What were they about, when the officers came? - Mr. Parker was standing by the window, when the officers came up, and had the money in his hand, and he chucked it out of window.

Prisoner Parker. Gunn, did you see any made with them punches that day? - Not that day, it was a smaller punch than them.

How long was you there before the officers came up? - Between two and three hours.

Have you not been over-persuaded to swear this against us, to take our lives away? - No.

Did not you send from the counter to me, to know what you was to say, when you come to Court, to save us? - No, I never sent at all, you sent people after me.

JOHN CLARK sworn.

Look at those things, together with these, and explain them to the Jury.

I have done business for the Mint upwards of twenty years; this is what we call cecil, it is flatted down to the size, and cut into round blanks, and afterwards filed round the edges, and scoured with paper, cork and several things that are here, and put into aqua fortis, which produces the colour of silver.

Are those the instruments used for counterfeiting coin? - Yes, this is aqua fortis, when it is put into aqua fortis and water, which leaves it black, it is rubbed with sand, or salt, and then it is white, and it is afterwards rubbed with something to make it black; every thing here is compleat: (looks at the sixpence, in the nutmeg grater) the shillings were fit for circulation.

Prisoner Parker. Are they like the Tower shillings? - The Tower shillings, when they come out of the Tower, are all milled, these are made to imitate old shillings.

JOHN NICHOLL sworn.

I am one of the moiners of the Mint; these shillings are counterfeit, and the sixpences

also; and these (which fell from the window) are bad also.

PRISONER PARKER's DEFENCE.

A person was up in the room just before, and left a message for Mrs. Gearing; whether any thing was laid down then, I do not know; I went to look out of the window, and something fell.

PRISONER GIRTON's DEFENCE.

The silver I had from a lottery office, for a number, not knowing them to be bad.

THOMAS PARKER , (aged 42) SOPHIA GIRTON , (aged 25)

GUILTY , Death .

CHARLES GEARING , ELIZABETH GEARING ,

NOT GUILTY .

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

[Girton: Death. See summary.]

Reference Number: t17900424-7

335. EDWARD HUMPHREYS was indicted for feloniously assaulting James Cumberland Bentley , Esq . on the king's highway, on the 30th of March last, and putting him in fear, and feloniously taking from his person and against his will, one linen handkerchief, value 3 s. his property .

(The case opened by Mr. Knowlys.)

JAMES CUMBERLAND BENTLEY Esq. sworn.

I live in Suffolk; on the 30th of March, I attended a meeting at the Crown and Anchor, Strand ; I was returning in the Strand, with Mr. O'Brien; on the left hand side of the way, opposite Southampton street, going from the Crown and Anchor; as I was walking I saw my handkerchief drawing out of my pocket, it had not utterly quitted my pocket before I caught hold of him, and seized the prisoner.

Court. It was not out of your pocket? - It was not quite out of my pocket.

Are you able to ascertain who was the person that was then drawing it out of your pocket? - He singly was drawing it out, but was in company with; two others; who were not further than an arm's length from him; he immediately struck me, with a bludgeon, on the temple, which mark I now bear.

Can you be quite positive, Sir, that the handkerchief was not quite out of your pocket when you received that blow? - If it was out of my pocket it was as much as it was.

You cannot be certain? - I cannot positively swear; in the vehemence of passion I swore I would not quit the prisoner; the prisoner then had the handkerchief in his hand, I had hold of the handkerchief; it was then quite out of my pocket; it was held in the prisoners's hand, with violence from me.

You are sure he had it entirely out of your pocket? - I am sure of it; I said I would not quit him, and he dropped the handkerchief at his feet; in stooping to regain the handkerchief, to pick it up, I saw the prisoner levelling a blow at my head; I had the presence of mind to raise this arm, to save that blow; and from one of the other two, I positively swear, I received a violent blow at the back of my head; by this time a crowd began to gather round, and my friend cried out, for God's sake, will no man assist in taking this thief; I then, by main force, dragged him across the way, and he was secured; I never lost hold of him.

(The handkerchief produced and deposed to.)

KENNITH O'BRIEN , Esq; sworn.

I was coming from the Crown and Anchor, as the gentleman has observed, on the 30th of March, and nearly opposite Southampton-street, in the Strand, he suddenly turned; I saw a scuffle between him and the prisoner; in the scuffle I saw the handkerchief; in whose hands it was I cannot say; but he instantly levelled a stick at Mr. Bentley; and I called to him not to come near him; for he must have killed him with the third-stroke; I followed him pretty close; I called out, will nobody stop a thief; almost in a moment somebody came behind him and caught him; the prisoner was never out of my sight; I could not say from his features,

that he is the man, if I had not afterwards seen him; he certainly never was out of my sight.

THOMAS CROSBY sworn.

I am a constable. I apprehended the prisoner. I saw the prosecutor in the state he relates.

PRISONER's DEFENCE.

As I was coming along the Strand, the gentleman was kissing a woman, in the street; and he turned round and said I took his handkerchief; he saw his handkerchief laying; I never struck him; I had no stick; he beat me, and cut my mouth.

GUILTY , Death .

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

Reference Number: t17900424-8

337 GEORGE WAKEMAN was indicted for feloniously stealing, on the 18th of January last, one silver watch, value 40 s. two stone seals set in gold, value 40 s. the property of Allen Wall , privily from his person .

(The witnesses examined separate.)

ALLEN WALL sworn.

I am a japanner , No. 4, Long Acre. I lost my watch last January in St. James's-street ; my pocket was picked of a silver watch, and two stone seals set in gold.

Did you perceive it taken out of your pocket? - I felt the watch taking out of my pocket.

What time was it? - It was, as near as I can recollect, about four in the afternoon; there was a crowd; it was the Queen's birth day; I was passing to the Thatched House Tavern, to dine with some others; they are tradesmen; I looked at my watch coming up King-street, St. James's-square, very near the narrow passage that crosses St. James's-street; and I felt my watch in my fob in St. James's-street, but very shortly after I felt it going from me; I saw the prisoner standing close to my right side, his left side was to my right side; I never saw my watch again; I missed my watch; I felt it going, and concluded I was robbed; I instantly put down my eyes, and saw my watch in the prisoner's left hand; he was then in the act of drawing himself from me; I charged him with the robbery, and laid hold of him, and to my astonishment he denied, though I saw it in his left hand; there appeared to be accomplices of his present, for they pressed upon me; he struggled to get from me, which he effected, by their assistance; the prisoner got from me a short distance; I was endeavouring to apprehend him; I saw two young men that are in Court; I desired them to stop him: that was Hoddle and Taylor; which they did; I never lost sight of him from the time he robbed me till they took him, nor was he more than three or four yards from me.

Mr. Garrow, Prisoner's Counsel. The prisoner was taken to the Brown Bear before you arrived there? - He was, perhaps ten minutes.

When you came to Bow-street, did you, or did you not, point to some other man as having had your watch? - There was a young man; two of them that were at the fire side, one on the left hand; the prisoner was on the right hand, the two constables sat between him and me; there was one candle burning, that was some distance, and I could not immediately judge one person from another; I believe there was something passed of that kind; there was a young man sat at the left hand; says I, that is the man, in consequence of which the prisoner started up, and said, so you have pointed him out, instead of me; then says I, I could never say that, for thou art the man.

At the time you pointed to the other man, as the man that took your watch, you had not seen the prisoner at the Brown Bear? - He had not caught my eye, for the constables were between him and me.

What did you point out the other man as? - I did say that is the man that took my watch.

Did you mean so then, at the time you said so? - Why, certainly I meant so.

Did you think so, at the time you said so? - I thought so, or else I would not have said it; says the prisoner, you have said this moment, that is the man that robbed you; I did not see him before then; says I, my friend, I was under a mistake, for thou art the man.

How long was this mistake of yours after you saw the watch drawn from your pocket? - About half an hour, I believe.

Had you day-light in St. James's-street, to see the man by? - I had day-light; I believe it was about four, when I was robbed by the prisoner; I enquired of Sir Sampson Wright 's men; it was about six when I reached to Bow-street, which was two hours.

Did you ever find your property again? - Me find my property! no.

Was the prisoner searched at Bow-street? - No; not that I know of.

Do not you remember saying at Bow-street, if he is the man he must have my watch about him? - I never said so; the prisoner was searched at a publick-house in St. James's-street, very shortly after.

Was your watch found upon him? - I did not see my watch.

Do not you know that it was not? - I certainly do.

You know it was not found upon him in St. James's-street? - I believe not.

Have you any doubt about it? - I was present; but there were several people round; and it was not found; I did not search him; I believe it was not found.

Do not you know it was not found? - Well, I say, I know it was not found.

Court. At what distance were you from the man you had pointed out at Bow-street; the wrong man? - I believe it might be as far as from your lordship; something there or thereabouts; a little more.

How large was the room? - It was a pretty large room; and as I entered into the door, at the side nigh the fire there were two young men sat, one of them had a brown coat on, the same colour as the prisoner, that made me conclude he was the same man; but I did not see his face at the time clearly; I judged it in a hasty manner, from seeing him in the same coat; when he stood up he was rather shorter, but he did not stand at the time I made the remark; I did not see the prisoner's face at that time.

RICHARD HODDLE sworn.

I am a coach harness maker, in Shad's-row, Battle Bridge. I was in St. James's-street on the Queen's birth day, about four in the afternoon, walking up the street; I had not got far before I met the prosecutor, who said, that instant he had lost his watch, and pointed to the prisoner, a few yards distance; he said, he was the person that took it, for he saw it in his hand, and begged Joseph Taylor , who was in company with me, to assist in taking him; I was about three yards off; there were some people between us; the prisoner was walking; I overtook him; and he was taken to the publick-house and searched; nothing was found upon him; I went with the prosecutor to Bow-street; but I do not recollect his pointing to another person.

When you went into the Brown Bear did not Mr. Wall point to some other man, and say he was the man? - No, Sir, he did not.

You must have heard it, if he had? - Yes.

You were close together? - Yes; he never deviated in the least.

Then Wakeman never said to him, oh, Sir, a moment ago you said, that is the man that robbed you? - The prisoner pointed to the man on the side of the fire place, and said, that was the man you pointed to in St. James's-street: I think he never deviated from the prisoner; he neither did nor could.

JOSEPH TAYLOR sworn.

I am a coach harness maker. I was in St. James's-street about four in the afternoon,

on the Queen's birth day; going up St. James's-street, on the left hand side of the way; I saw Mr. Wall, and heard him say he had been robbed of his watch; he then pointed to the prisoner, who was some little way from him; he wished me to take him; I assisted Mr. Hoddle in taking him.

Were there any people between the prosecutor and the prisoner, when he was pointed at? - Yes; there were some few I dare say.

Then you do not recollect? - He was at some distance, and there was a crowd.

Was you at the Brown Bear afterwards? - Yes.

Do you remember the prosecutor coming in? - Yes.

Did he point to any other person besides the prisoner? - No; I went in with him.

Mr. Garrow. Then there was no mistake about the person at Bow-street? - None at all.

You must have known it if he had? - Yes; he did not point to any body else; I am sure of it.

PRISONER's DEFENCE.

On the Queen's birth day generally hairdressers go to see the present fashions; I went for that purpose only; I was accused by this prosecutor; I was very much surprized, at it; then Mr. Wall said, good God, if you have not got it, how could I be so mistaken; I said, you should be ashamed of yourself; then two men took me into custody; I offered to go into a publick-house, and be searched; then I was taken to the Brown Bear, at Bow-street; they searched me a second time; after I had been at the Brown Bear Mr. Wall came in, and challenged another person, but on receiving a hint from a person that stood by, he said, that is the person.

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

GUILTY, of stealing, but not privately .

Transported for seven years .

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

Reference Number: t17900424-9

338. THOMAS TURNER was indicted for stealing, on the 5th day of March last, a man's cloth coat, called a box coat, value 16 s. a waistcoat made of cotton and linen, value 4 s. a pair of shoes, value 2 s. a pair of plated buckles, value 1 s. a pair of velveret breeches, value 2 s. 6 d. a pair of stockings, value 2 s. a hat, value 2 s. 6 d. the property of Randal Jones ; a surtout coat, value 8 s. a neck cloth, value 1 s. a silk handkerchief, value 2 s. a pair of leather shoes, value 2 s. the property of John Bottomley .

DAVID YATES sworn.

I am servant to Mrs. Neale of Kensington. I bought a livery box coat of the prisoner about three weeks or a month ago; I did not know him then; I bought the coat of him at the Bear and Ragged Staff Mews; I am certain he is the man; I gave him sixteen shillings for the coat; he said, his master was dead, and his mistress had discharged him, and given him his things.

RANDAL JONES sworn.

I am a coachman to Mr. Serjeant Runnington. On the 4th of March I came home with the carriage, and took off my box coat, and put it in the body of the coach, in the coach-house; it wanted about a quarter of twelve at night; I missed it the next morning; it had six capes; I lost a linen and woollen waistcoat; the prisoner has it on now; I lost a pair of shoes and buckles, and a pair of velveret breeches, a pair of worsted stockings, and a hat I found the breeches, shoes, and buckles on him, when I took him; the hat had been cut; I cannot swear to it; they were missing from the 5th to the 13th of March; they were kept in the stable; under the same roof: I took the prisoner by information, in Fawkener's-square; I asked him where he sold my coat, and he told me; I made him no promise; he begged for me to be as favourable as I could, and told me directly; I found the man that bought the coat, at the Bear and Ragged Staff I can swear to the box coat; it is fresh lined;

there is a piece in the sleeve: the box coat was my master's and was under my care: I can swear to the other things as mine: the things that he had on were not taken from him: I took two duplicates from him.

JOHN BOTTOMLEY sworn.

I am a coachman to Miss Boehm, in Serjeant's-inn, Fleet-street. I lost a man's surtout coat, my own coat, a pair of stockings, a muslin neck-cloth, a silk handkerchief, and a pair of leather shoes; they were in stables adjoining to Mr. Serjeant Runnington's. On the 4th of March, about eight, or a quarter after, I locked up my door safe; I missed the things the next morning; I did not see them till the prisoner was taken, on the 13th; and I found my shirt upon him, with my mark I. B. I found at the pawnbroker's a great coat and a silk handkerchief.

The PAWNBROKER sworn.

I live in Crown-street, Moorfields. I do not know the prisoner: one of these duplicates is mine; it is my servant's writing. I produce a coat, but I do not know who brought it.

JAMES BROOKS sworn.

I am servant to Mr. Davidson, of Bishopsgate-street. I produce a silk handkerchief: this duplicate is my hand writing; and this handkerchief was pawned at the same time.

Bottomley. I cannot swear to this handkerchief; I believe it is mine: I swear to the surtout coat, by a tear under the sleeve.

Prisoner. I was in great distress. I have no witnesses.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17900424-10

339. THOMAS REVELL was indicted for stealing, on the 3d of April , a silver table spoon, value 10 s. the property of John Silk .

JOHN SILK sworn.

I live in Aldersgate-street, at the Aldersgate coffee-house . On Saturday, the 3d of April, the prisoner was assisting my people in the business in the kitchen; he was an occasional assistant to my servants; on Sunday, I missed one spoon, in the morning, when I looked over them; my servants made enquiry, and applied to the constable; and the beadle came and informed me my spoon was at the pawn-broker's.

MARY WHITE sworn.

I am a pawn-broker: I live at No. 19, Little Britain: I took in a table-spoon on Saturday, the 3d of April, between six and seven in the evening; the prisoner brought it; I had seen him several times before; I lent him five shillings upon it; he said it was not his own; I have had it ever since.

(Produces it.)

Silk. This is my spoon; it is marked I. S.; it is one that was missing.

Court. Did you give him any authority to pawn it? - No, Sir.

Did you ask him any thing about it? - He acknowledged taking it.

PRISONER's DEFENCE.

This spoon was in the yard among some rubbish: I expected three witnesses; they are not come.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17900424-11

340. JOHN WELLS was indicted for stealing, on the 19th of March last, a mahogany circular card table, lined with green cloth, value 50 s. the property of Richard Wheeler .

RICHARD WHEELER sworn.

I am a cabinet-maker . On the 19th of March, I lost a table from the back door of my house, in Three-king-court, Fleet-street ; I saw it there in the morning.

JACOB SPINOSA sworn.

I am a constable. On the 19th of March, I found the table near the prisoner, in Gravel-lane, Houndsditch; I have had it ever since. (Produces it.)

SOLOMON JACOBS sworn.

On the 19th of March, about seven in the evening, I saw the prisoner with this table on his head, with three or four others with him: I was going to my mother's: I am very sure this is the table; and I heard the prisoner say, damn his eyes, he was planted; I then saw him put it down by the side of a cart, to hide it: I went and acquainted the constable immediately, and he came and took hold of two; one of them got away, and he took the prisoner: this is the table, I believe.

Mr. Wheeler. I did not miss the table till the Saturday; and on the Saturday, about three o'clock, I received a letter. The table was advertised two or three times: I saw it at Guild-hall about four or five days afterwards; the constable produced it; he has had it ever since: I am sure this is my table: the green cloth did not stick tight, and my servant put an iron on it to keep it flat down, and made a mark on it with the iron.

JOHN GOUNDREY sworn.

I was Mr. Wheeler's clerk at that time. I missed the table on the night it was stolen; I mentioned it the next morning; I cannot swear to it.

WILLIAM LANGLAND sworn.

I am Mr. Wheeler's porter. I finished the table; I am sure this is Mr. Wheeler's; I put the frame on the bottom of it.

JAMES DAVIS sworn.

I know this table: it was made in my father's work-shop for Mr. Wheeler, about two or three months before; I know the wood; I give all the wood out.

PRISONER's DEFENCE.

Two men came up to me, and said I had stolen the table; I said it was not mine; they said they would knock me down; I said I knew nothing about it.

Jacobs. I am sure it was on the prisoner's head.

GUILTY .

Whipped .

Trid by the London Jury before Mr. RECORDER.

Reference Number: t17900424-12

341. JAMES INGRAM was indicted for feloniously assaulting William Moore on the king's highway, on the 8th day of March last, and putting him in fear, and taking from his person, and against his will, one linen handkerchief, value 12 d. one leather glove, value 2 d. one half guinea, and nine shillings and six-pence in monies numbered, his property .

WILLIAM MOORE sworn.

I was robbed about twenty minutes before nine in the evening, in the Strand , near the end of Arundel-street, on the 8th of March. The prisoner passed me and shoved me against the wall; I put down my hand, and caught hold of his arm; and he attempting to get away, pulled me off the flags into the street pavement: a person behind said, damn him, knock him down: he struck me with the stick I have now, on the cheek; I have the mark now on my face; I was obliged to let him go; he ran through the church-yard; I pursued him, and called stop robber! stop robber! he was about four or five yards before me in the passage: I called out, and a young man tripped him up; I never lost sight of him the whole time; I have no doubt but he is the man that robbed me: I lost half a guinea, nine shillings and sixpence, a pocket handkerchief, and a glove; I lost the money out of my breeches pocket, and the handkerchief and glove out of my coat pocket.

Court. Was any part of your property found upon him? - There was money; I did not particularly attend, I was stunned so; the young man who took him, will tell you.

WILLIAM BIRCH sworn.

I was coming down the back of St. Clement's: I heard somebody call stop thief! I saw the prisoner running through the passage the end of Holywell-street; I caught hold of the flap of his coat, and he turned round and tried to strike me, and I hulled him down; I picked up this stick. Mr. Moore came up directly: I took him to the watch house; and going along, he threw some money away: and at the corner of Newcastle-street, a fellow shoved me, and took something from the prisoner; and there was a mob raised, and they tried to rescue the prisoner.

PRISONER's DEFENCE.

I was going for my master to Scotland-yard, for some money: I was going past that gentleman, and I happened to pass that gentleman; and he said, damn you, you have robbed me, and struck me three times; I struck him again, and he called stop thief! and this man took me.

GUILTY of stealing, but not of the robbery .

Transported for seven years .

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

Reference Number: t17900424-13

342. ROBERT NASH was indicted for burglariously and feloniously breaking and entering the dwelling house of Thomas Plews , about the hour of ten in the night, on the 26th of February last, and burglariously stealing therein, twelve pair of leather boots, value 12 l. fourteen pair of leather shoes, value 50 s. his property .

(The witnesses examined separate.)

(The case opened by Mr. Silvester.)

ARCHIBALD ADAMSON sworn.

I am going of seventeen. I am apprentice to Thomas Plews : he has one shop the corner of Chadwick-row, and one the corner of Craig's-court: I always laid at Chadwick-row : I left the shop about nine at night: me and Dennis Madan shut up the shop: I am sure I locked the door, and put the padlock on: we sell boots and shoes.

Mr. Garrow, Prisoner's Counsel. What sort of a place is this: it is a bulk, is it not? - Yes, Sir; it is a long shop: it is built up against the house of Mr. Teasdale, the money agent; there is no chimney in it; it is never used by my master, only to sell the goods.

DENNIS MADAN sworn.

I am servant to Mr. Plews: I shut up this shop the 26th of February; it was all fast.

THOMAS PLEWS sworn.

I am a shoemaker. I was coming from Knightsbridge, past my shop door: I went as usual, to try the shop door: I found the padlock and staple from the shop door; it came open; some person shoved it against me, and the glass broke; then the door went open a little; and the prisoner, who was in the shop, pushed the door against me, and broke the window; after that, I held on the outside of the door: the prisoner pushed out, and ran down the street; he was taken directly; he never was out of my sight: it was a fine moon-light night; we brought him back to the shop, and found two bags, one with boots, and one with shoes: the bags were not mine: the boots and shoes hung up on nails round the shop.

Mr. Garrow. Did you know the man before? - I never saw him before.

Court. Describe the shop? - It is a shop that I built; and it belongs to the house; the house and it are joined together; they are built one against the other.

Court. It is not a bulk in the street? - No, it is not.

EDWARD GEE sworn.

I am a soldier: I heard the cry of stop thief! and took the prisoner.

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

Court to Jury. I am of opinion that as

the boy lay there, it is in point of law, a dwelling house.

GUILTY, Death .

He was humbly recommended to mercy by the Jury .

Court. That recommendation, gentlemen, is a great addition to what before operated in my mind: I think him an object of mercy.

Tried by the second Middlesex Jury before Lord KENYON.

Reference Number: t17900424-14

343. THOMAS HEWETT MASTERS and ESBECK LOVEDON were indicted for that they, not having the fear of God before their eyes, but being moved and seduced by the instigation of the Devil, on the 12th day of March , in this present year, with force and arms, at the parish of Whitechapel, in and upon one Mary Lovedon , an infant of six years , in the peace of God and our lord the king then and there being, did make an assault; and the said Thomas did cast and throw her against the ground; and so on the ground laying, he with both his hands and feet, in and upon the head, stomach, sides, and back of her, did strike, beat, and kick, giving to the said Mary, as well by the casting and throwing her to the ground aforesaid, as by striking and beating her with both the hands and feet of him, several mortal bruises, of which she then and there died; and that the aforesaid Esbeck then and there was present, aiding, abetting, comforting, assisting, and maintaining him, the felony and murder aforesaid, in manner and form aforesaid, to do and commit: and so the jurors upon their oaths say, that her, the said Mary Lovedon , they, the said Thomas Hewett Masters and Esbeck Lovedon , in manner and form aforesaid, did kill and murder .

HANNAH TATE sworn.

I am wife of Thomas Tate : I live in Plow-street, Whitechapel, in White-horse-yard . I know the two prisoners very well; they lodged in the one pair room; there are two rooms on a floor.

How long had they lodged with you? - About a week before Christmas.

What did then family consist of? - One child, and themselves.

What age was the child? - It was near six years old.

Whose child was it? - The woman's, Esbeck Lovedon .

On the 11th of March, had you seen that child? - Yes.

When was the last time you either saw or heard of that child? - The last I heard of it, was about eight in the evening; I heard the prisoner Masters lift up the window and call Polly; the child answered, I am coming, daddy; after that I heard no more of the child.

Did you see any thing of Masters after that? - The woman came home about eleven on Friday; she said she came home to see how things were; and she went up stairs; when she came down again, she said there was nobody at home; and I made answer, and said I had not seen the father nor the child, during that morning; she said she was coming to Whitechapel-market to buy a bullock's heart for her mistress; then she went away; I saw no more of her till twelve on Friday night; I opened the door myself, and let her in; when I let her in, I asked her, where is the child? and she answered me, madam, my husband has been home, and put her to bed; I told her I had not seen the man, nor yet the child, during the day; and I said it was very odd that he should go up stairs, and I should neither hear nor see him; then she said she saw her husband at the Five Lamps, who had given her the key, and told her he had been home, and put the child to bed; she went up stairs, and in about five minutes she returned, and said, oh! Mrs. Tate, my child is dead! my child is dead! the young woman that slept with me, Elizabeth Dickson , got up, and let her into my room; when she came in, she walked up and down the room very unconcerned for her child, but said, oh, dear,

that man will surely make away with himself, for the child has died by his side: Elizabeth Dickson went up stairs along with her, and came down again to the bed-side to me; I did not go up stairs till the morning: on the Saturday morning I went up stairs about seven: when I came into the room, I turned down the bed clothes to look at the infant; and I saw it sadly bruised in every part; I said, how comes the baby to be served so? she said it was the convulsions; I said I never saw a child with the convulsions in this manner.

What appearance had the child? - It was bruised from the very two ends, to the fingers ends, and all up the body; and on the right side of her body, there was a sad bruise indeed, by the side of her belly: when I came down stairs, I said to Mrs. Lovedon, certainly that man has murdered the child: I found the child dead, bruised in that manner: I never saw the man till after he was taken, on the Monday after; I never saw him at the house after.

Had you seen the child on the Thursday, when the father called it up? - I did; likewise the child was down at play with my children all the day.

Did it appear in good health? - In very good health; for its mother had it to Guild-hall that day.

Court. How long had these people lodged with you? - About a week before Christmas, to the 13th of March.

Had you an opportunity of observing how they behaved to this child? - I never saw either of them ill-use the child.

Did you observe any degree of tenderness and good usage? - Always with great tenderness and good usage.

Was it a healthy child? - It was of a very delicate constitution; but I never saw it fail from its victuals while I was in the house.

ELIZABETH DICKSON sworn.

I slept in the same room with Mrs. Tate. On Friday night, March the 12th, about twelve, the mother of the child came home: Mrs. Tate got out of bed, and let her in; when the woman came in, they had some discourse, but what I do not know: Mrs. Tate had just got into bed, when the woman came down stairs, and said, O Lord! O Lord! my child is dead! my child is dead! I let her in, and went up stairs, and saw the child laid out on the bed; it seemingly to me, was properly laid out; I saw many marks about the child; I did not touch it: the woman and me came out together; she said something; I cannot remember what: I put down my arm, and shook my head at Mrs. Tate; I desired her not to go up, because I thought it might frighten her: the woman walked up and down; at last, I took a book in my hand, and read a little; the woman sat on the side of the bed; and all of a sudden, she jumped up, and ran up stairs; I followed her; when she got in the room, she ran round the room till she came to the side of the bed, where there was a little hammock; she pulled out some petticoats, and looked at them again; the woman seemed to be much reconciled; then she looked upon the bed, and cried; I forced her out of the room; I made the woman some tea, and sat up with her: Mrs. Tate was in bed; the woman drank two dishes I believe, and eat a very little bit of bread and butter; I sat up with her till half past seven; I was too much frightened to take notice of what she said.

Court. Was there any concealment of the child: the child was laid out? - No, there was not; there was a wound in the side, that I did not see in the morning; there were bruises all over, but a particular wound in the hip: I did not examine whether the skin was broke.

In what manner did the prisoners treat this child while alive? - They always used it with as tender usage as any parents could use a child with; to outside appearance, more so than most parents: I never saw them strike the child, or even heard the child cry, without it was playing with the children.

You never heard the child cry up stairs? - Never in my life.

ELIZABETH GARRETT sworn.

Court. How old are you? - Seventeen.

You live in Plow-street? - Yes: I went with Mrs. Tate about half after nine on Saturday morning; and the woman prisoner was talking about the door; and I asked who was dead, and nobody made any answer; then I asked her if Polly was dead? and she said, yes; I asked her what she died of? and she said she died for want of breath: I went up with Mrs. Dickson to see the child; I looked at the child all over, and I saw it had many bruises about it.

CALEB MILLER sworn.

I am a surgeon: I was sent for to see this child on Monday, the 15th of March.

Now describe, not technically, but in the plain common way, the situation of the child? - I found the head, the neck, the body, and extremities, marked with a considerable number of bruises, that appeared to have been given from blows at different periods of time, by some kind of blunt weapon: upon opening the body, I found the cawl, which is that membrane which covers the bowels, in a state of laceration; and from a division of some of its vessels, a large quantity of blood had fallen into the belly; the bowels were much inflamed, in some parts more than others, sufficiently so as to cause death: there was an external bruise on the right side of the belly; and that bruise had been given by some kind of iron.

Did you observe the head? - Yes; that had suffered much injury from severe blows, being covered with bruises; and upon opening the skull, there was extravasated blood on the brain, in a considerable quantity, on the left side in particular; in short, the whole scalp was one continued act of violence; it could not be done at one time: all the superior part of the head had been beat: there were a considerable number of bruises in all parts; the arms, the breast, and the lower part of the belly, seemed to carry the greatest marks of violence: there was a grazing of the skin, but no kind of perforation; it might be done with the heel, but it must be done with violence: the brain and the bowels were, in my opinion, mortally affected; the brain must have suffered much from the rupture of vessels that were broke, to cause that extravasated blood.

Court. How long do you think these deadly wounds, on the head and in the bowels, might have been given before the death? - Why, I apprehend that the wounds on the head were recenter than those on the bowels.

How long might that have been given before, do you think? - Why, I should imagine immediately, almost; it might be so; I cannot speak positively to that.

Had they been given twelve hours before the death? - I cannot speak with any certainty upon that; it was three days after the decease of the child, that I saw it.

Court. I have been looking at the account you gave before the coroner; I see nothing of this wound in the head? - I did not examine the head till a more leisure time, which was the day after.

Did you see any thing of a bruise on the hip? - Certainly.

Was that a cut or a bruise? - It was a bruise; there was a division of the parts.

Now, could any of those appearances which you have mentioned and stated here, arise from convulsions, if the child had died in convulsions? - Certainly not.

Would the cawl have been lacerated by convulsions? - By no means; by no spasmodic symptom whatever.

You think the wound on the head might have been given very soon before the death; do you think it might be twelve hours before the death? - It might possibly be so; there was a number of bruises, by turning the scalp back; there were a dozen; the head being round, spherical, it must take a number of blows to bruise it in every part; the right and left side had more blows than any other part.

How long do you think these bruises of the body might have been given before

the death? - The injury or bruises that were in the hip, might have been given two or three, or four, or five days.

JOHN CLAWSON sworn.

Was you at Mr. Staples's when this man was brought there? - Yes.

You are the beadle of the parish? - Yes.

Did you hear what he said, or see it taken down in writing? - I saw it taken down in writing.

Were any promises of any kind made to him, to induce him to say any thing? - None at all.

Were any threats of any kind? - None at all.

You are sure? - Yes.

Was it read over to him? - It was.

Did you see him sign it? - I did.

Did you see the magistrate sign it? - Yes, I did.

Look at that? - I saw the man prisoner sign it.

Now with respect to the woman? - I know nothing of the woman.

(The confession read.)

"Middlesex to wit. The voluntary

"confession of Thomas Hewett Masters ,

"(taken this 19th day of March, 1790,

"before me, John Staples , Esq; one of

"his majesty's justices of the peace, for the

"county of Midesesex) who confesses, and

"says, about nine months ago, he became

"acquainted with Esbeck Lovedon , at her

"lodgings in White-horse-yard, Seething-lane,

"who had one child five-years

"old; and lived with her as man and

"wife: they removed to the house of Mrs.

"Tate, in Plow-street, Whitechapel, on

"Friday, the 12th of March, the said girl

"being along with him, her mother having

"been gone out before light, he gave

"her, the said Mary Lovedon , a blow on

"the head, which knocked her down

"against the bedstead; she fell on the

"floor; he took her up, laid her on the

"bed; and he lay by her he thinks an

"hour and a half, when she died in great

"agonies, not having been able to speak

"since he gave her the blow; and that he

"cannot give any reason why he beat her;

"says, he staid in the room till three

"o'clock, when he locked the door, took

"the key, and went to the Queen's-head,

"Tower-hill, where he staid till eleven:

"that he walked to Leadenhall-street, and

"waited till twelve; hearing Esbeck Lovedon

"coming along, he stopped near the

"church in Leadenhall-street; then they

"walked together till they came to Aldgate

"pump; he told her he was going

"with the smugglers, and gave her the key;

"that she asked him when he should be

"at home? and he answered he could not

"tell; that he departed, she telling him

"she was to go out at six the next morning,

"to work; says some person came

"to the door of the room at eleven, as

"near as he can guess, but who it was he

"did not know; that he did not go to

"the door, and they went away. Signed

" Thomas Hewett Masters . Taken, and

"declared to be truth, before me, John

"Staples."

Court to Surgeon. Did you attend to what was read just now: that he gave the child a blow, and struck it against the bedstead; does that account for all these marks? - No, by no means.

You see, the child was struck, and fell against the bedstead, and from thence to the ground; that accounts for three blows? - That does not account for the whole by any means; I can positively speak to a dozen distinct blows. I will not particularize the number, but a great number.

Do you think by any possible supposition, this account satisfies the number of blows? - By no means; I cannot consider it so.

How many blows do you think were mortal? - The injury done to the bowels was certainly mortal; this injury, seemingly, must have had a fatal effect.

I am talking of the head; suppose a great number of blows given nearly the same time; as fast as they could, by one after another, what effect would it have? - It

may produce a stupor, a convulsion, and many nervous affections; and violent nervous affections cause a death.

Mr. Silvester. My Lord. With respect to the other confession, it does not seem to affect the woman.

Prisoner Masters. What I did, I did not do it with an intention to take the child's life away, but I am willing to resign myself to the laws of my country; this woman is innocent; she was not in the place when it was done.

Court. Perhaps in your present situation it may have escaped you, what this witness has said; you, in your confession, have admitted you gave the child one blow, and she fell against the bedstead; but the account of the surgeon is, that upon examining the head of this child, it does not correspond at all with that confession, because it does not appear to be two bruises only, which would be the natural consequence, if your account was true; but there are at least a dozen.

Prisoner. I struck it upon its temple, and it fell down against the bed.

Court. But the surgeon says, that does not correspond to the account you gave, for there were at least a dozen blows on the child's head. Would you ask him any question, or offer any thing to the jury, by way of remark on that evidence? - No, my Lord.

Court. Gentlemen of the jury. The prisoner, Thomas Hewett Masters , is indicted for wilful murder; it does not appear but that the woman has acted the part of an affectionate mother; and that if the child was murdered, she had no hand in it. (Here the learned judge summed up the evidence, and then added) The first probable cause of this child's death, is the wound on the belly, where the cawl was lacerated, and the extravasated blood introduced; if you were to believe Masters's account in his confession, as it is called, and if the blows on the head could in any degree correspond to that account, you ought to acquit him; because though this blow given to the child without any provocation, and the child accidentally falling against the bedstead, and dying, it would not amount to murder; it could only be manslaughter; but the appearances on the head of this child, I am very sorry to say, in no wise correspond with this account; the surgeon has told you, that he cannot possibly think that the appearances on the skull of this child at all correspond to this account; for he says, that there was at least a dozen blows on the head; the child's head was all over bruises, and it must necessarily occur to any one, that if a great number of blows are inflicted, if one singly would not occasion death, yet all being given at the same time, and one after another, they might have that effect; if so, I do not see how you can make it less than murder, if you believe that account: it can only be manslaughter; on the other hand: if you believe the surgeon, it certainly does amount to murder: to be sure, in cases like this, where persons stand charged with the murder of infant children, there generally appears to have been a series of ill usage; in this case, on the contrary, it appears there has been the greatest good usage and tenderness; the child was never heard to cry up stairs, as if it received any correction, but always was treated in the gentlest manner possible; so much is in favour of the prisoner; it appears also that this woman, affected with all the affection of a mother, and shewed all that distress which was expected in a mother; that was the reason why I did not call upon her for her defence: the evidence only affects the prisoner Masters, and it is for you to give your verdict on all the circumstances of the case.

TH. H. MASTERS, GUILTY , Death.

ELIZABETH LOVEDON, NOT GUILTY .

The RECORDER immediately passed sentence of death on the prisoner MASTERS, and afterwards to be anatomized ; and he was executed the Monday morning following .

Reference Number: t17900424-15

344. GUANARD VILLONI and HUBERT MARTIGNON were indicted for feloniously stealing, on the 13th day of March last, one iron chest, value four guineas, and nine hundred and twenty-six guineas, and several promissory notes, the property of James Daubigny , in his dwelling-house .

Another Count, laying it to be the property of the gentlemen belonging to the Subscription Club .

The indictment opened by Mr. Garrow.

The case by Mr. Silvester.

WILLIAM NEWTON sworn.

I am waiter to the club at Daubigny's. I know the prisoner Villoni; he was Mr. Daubigny's confectioner ; Martignon was a cook there; he left Mr. Daubigny about ten days before the robbery: I know the chest that was taken away; I used to take it from the gentlemen of the subscription, and give it to Mr. and Mrs. Daubigny. On the 10th of March last there were nine hundred and fifty guineas, in gold, and three hundred and twenty pounds in bankers and bank notes; the members of the club kept the key: the notes were originally from Hammersley, in hundred pounds and fifties: marks of violence appeared on the chest: I went into the bedroom and saw the lock of the iron chest was broke open, and the box taken away: this was about three weeks after the prisoner had left the service.

Prisoner's Counsel. What is it you call this club? - A Society of Gentlemen.

Had not Villoni been discharged? - Not that I know of; I never heard any particular business.

Had not Villoni money of his own? - I knew very little of the money; I am generally employed to carry this chest to Mrs. Daubigny.

Is not this an Eo Table Society; and have not they met since the 10th of March? - No, Sir.

Mrs. DAUBIGNY sworn.

My husband keeps this Subscription house , in St. James's-street . There was a small chest belonging to the club, which I received from the last witness; I always kept the large chest in our room, called the plate chest, where we keep our plate, when it is not in use; I happened to go up on the Wednesday before this happened, which

was Saturday, the 3d of April; I saw this iron chest in that great chest, with the door open; Mr. Daubigny was at the chest settling some bills there; I never saw it after that Wednesday; and it disappeared on the Saturday.

MARY HUMONET sworn.

Examined by an Interpreter.

I live in the Hay-market. I have seen the prisoner Martignon but once, but the prisoner Villoni several times, because he used to visit a lady that lived with me: at half past nine at night Villoni brought Martignon to my lodgings; about six weeks ago.

What passed between the two prisoners at that time, in your hearing? - Martignon told her he was going to leave Mr. and Mrs. Daubigny; that they were very much dissatisfied with him: Villoni said he had nothing to complain of, against Mr. Daubigny, that he behaved very civil to him, and had every thing he could wish; Martignon made answer, that he was not in the same case, for whatever he did did not give satisfaction. When Martignon and Villoni were sitting together, Martignon says to Villoni, I wish to be avenged of Daubigny; and Villoni said to him, there is no way to be avenged of him, than by doing what you know: Martignon sat about a quarter of an hour at the house, and then went away; they both went away.

Did they, either of them say any thing more on that subject? - They said nothing more; and Martignon said, to-morrow at breakfast we shall meet one another.

Did either of them say where they were to meet at breakfast? - He said, we shall find one another at breakfast, where you know very well; and we shall see one another about that locksmith that we were talking of; I asked what is the matter? oh, says he, that is not the business of the women; they have not discretion enough to keep a secret; he came the Sunday before he was guilty of that felony, to ask me whether I had heard any news from Paris; and said, he was going to Ireland, that he had taken a place to Ireland, and was going there.

Did you see them afterwards at the Hay-market? - At half after seven the same night of the robbery Villoni came to her.

Had you any conversation with him at that time? - I had no conversation at all; he left me at the top of the Hay-market, and I went another way.

CHARLOTTE DULOTTE sworn.

I was on a visit to Mrs. Daubigny. I remember the time when this chest was missing; it was the third of April; I saw it on the third of April; and a few days before I saw it in the parlour, on the sofa; Villoni was in the house, a servant at that time; Villoni asked me how much there was in that chest? to which I answered, I did not know; says he, well, how much do you think there is? he took it up in his hands, and tried it, and said, oh, d - n it, it is very heavy, and if any body wanted to take it away it would be a very hard matter to do it. On the Saturday, the 3d of April, I was up stairs, in the evening, between four and five, in Mrs. Daubigny's room; it was the room where the chest was kept; the chest was safe then; I sat down upon it; Villoni came up stairs while I was in Mrs. Daubigny's room, and went into his own room; I believe it was about five o'clock; after he had locked his door he called me two or three times; I did not answer; my door was shut; then he opened the door, and asked me what business I had in the room by myself; I said, what is that to you? then he told me to come down to tea, that Mr. and Mrs. Daubigny were gone out; I said, by and by; a few minutes after Mrs. Daubigny sent for me to tea; I went down, and found this Villoni drinking tea in the parlour, with a cup of tea in his hand; I sat down to drink tea; after he had drank that cup of tea he got up, and asked for a drop or two of Marraskeen to make sweetmeats; then he went out; I know nothing more; I saw him no

more; in about five or six minutes I went to Mrs. Daubigny's room; I observed the door was shut and locked; then I came down and told Mrs. Daubigny that the door was locked; Mrs. Daubigny answered me I was a fool; I went up again and found it locked, and asked the maid for the key; the house maid came up stairs and found it locked; she tried to open it, and could not; then I got a key and opened it, and went in, and the chest was open; the hasp was not down; we went and informed Mrs. Daubigny; she came up with me; we looked into the chest, and the small iron chest was gone; I observed marks of force on the iron chest; it appeared to be opened by force; after that we went up stairs, all over the house, to look for Villoni; we did not find his clothes there; and likewise in his own room, nothing was there; it was all taken away.

Mr. Beth. Do you say that there was nobody up stairs but Villoni? - Not that I know of.

You do not pretend to say that nobody was up stairs? - No.

Is it a large chest? - Yes.

Do you suppose any body could open it without a hammer, or some great noise? - They could not have opened it without force.

You heard no noise? - No.

Did you hear Villoni go up stairs? - No; when I sat down upon the chest I am sure it was safe locked.

ELIZABETH INGRAM sworn.

I was house maid to Mrs. Daubigny. I remember being up stairs a short time before, in the evening, about candle-light; it might be twenty minutes or half an hour before the box was missing; I was in the room where the box was; as I was coming out of the room, from turning down the bed, I met Villoni at the top of the stairs, in the dark.

How near did you meet Villoni to the bed chamber of your master? - Close by the door; he was in the dark; I had a candle; he had something in his left hand, but what I cannot say; I said nothing to him, but went into another room, to turn down the beds; he went into the confectioner's room, and opened it; there are three rooms together; I says to him, here Monsieur, here is a candle for you; and he said, in broken English, no, tank you, no, tank you; I went down stairs and told my mistress I had turned down the beds; she desired I would get the tea: I went up stairs in about twenty minutes after; when I went up stairs I found the door locked; I left it shut, not locked; I unlocked the door, and found the box of the lock broke, and the clasps were gone of the latch, like, so as you might put your hands in; I found the box also had been broke open, and the small chest had been taken away; Villoni was gone, and all his things were gone; he had not left my master's service.

Mr. Best, another of Prisoners Counsel. Was this a very bulky parcel that Villoni had in his hand? - I did not see it.

Was not the confectioner's room his place? - No, he was mostly in the kitchen, and did his work mostly in the kitchen.

Was not the confectioner's room chiefly his apartment? - Yes; but he liked to be in the kitchen for company.

Did not he spend much more time there, than in the kitchen? - No; he never was up there in the dark; he never worked there.

Do you suppose this large chest could have been opened without a large hammer, or something to make a noise? - The chest is abused very much; the rooms lay very backward, and we could not hear it.

Did you ever see the small chest? - Yes; I carried it up stairs once, and put it into the box, but it is a good bit ago.

Mrs. Daubigny. The great chest was in my own room; Mr. Daubigny had the key at that time; it is a chest that we keep our property in, in general; I was alarmed about this door being locked; the two servants came down and told me that their master's chest was open; I went up stairs with a candle; when I came up the chest

was upon the hasp; there is a hasp to the chest; it locks with a padlock, as well as a substantial lock to it; that hasp was fallen on the side of the chest; I saw the lock broke; I conceived some depredation had been committed; I said, good God! I am robbed, the iron chest is gone; all the servants came round; every one was at home, except Villoni: I looked round my own room to see that every thing was safe; nothing else was missing; I searched every room; and Villoni's was the last; and when I came to his room, I found every thing that he had, was gone; he had not left the least thing in the world; I said Villoni must have robbed me; and then we pursued him: I went up stairs about one; I met Villoni at the door; he went to the confectionary room.

Prisoner's Counsel. You do not know what was in the iron chest? - I do not.

Had not your husband and Villoni fallen out? - They had no words; I never heard he was to leave us; when I saw Martignon, his countenance was cast down, before Sir Sampson; he denied every thing: Villoni said he would confess every thing; Sir Sampson took it down; I was with him.

There were no promises or threats to induce him to confess? - I said before Sir Sampson, if you do not confess, you will be hanged; but he did not confess after that.

JAMES DAUBIGNY sworn.

I keep the Subscription-house in St. James's-street: this small chest was lodged in my care; and placed by me or my wife, in the plate chest, of which one of us kept the key; I saw it there two or three days before, when I was writing; I had not taken it out for any purpose: when I locked the plate chest about the Wednesday before it was lost, I remember I saw it there; when I came home, I found the house all in confusion: on Monday I pursued Villoni down the river, to Greenwich; and from there I took a post-chaise to Gravesend; from there to Sheerness; and from there I took a ship to Harwich-harbour, where I took the man. I went on board the Good Intent, Captain Cook, bound for Helvetsluys; I was down in the cabin; and I looked down, and found him laying on a bed in the cabin, in his great coat; I desired him directly to deliver me the money; I first of all said to him, give me the money you have robbed me of? his answer was, Sir, I have got but twenty-two guineas and a half; and he gave me twenty-two guineas and an half directly, and four shillings with it: I promised to intercede for him, if he would make a confession: the constable took seven guineas out of one pocket, and eight out of another; I then told him that was far from the sum he had robbed me of; and if he would give it me, if there was any deficiency, if I could intercede with the gentlemen or the Court, I would; he gave me a ten pound note, and a certain number of fifty guinea notes of Hammersley, upon which I made memorandums: he put his hand into bed, and brought out a bundle wrapped in a handkerchief; I opened it, and there was a powder bag with four hundred and forty-eight guineas in gold: Villoni was then in my service; I had a great respect for him; I wished to keep him; I know nothing to affect Martignon.

Prisoner's Counsel. Did you know there was any money in the chest? - Yes, I did; I was present the last time it was opened; (I can certainly say there was money in it) which was the 10th of March.

Do you know that there were not brass or copper, or some metal counters in that chest? - I never saw any but gold and roleaus, notes, and some gold: this money belongs to several gentlemen.

Mr. Garrow. At your club they do not play, as the gentleman supposes, for brass and counters, but for gold and notes? - Yes.

On the 10th of March, you saw there were cash and notes in the box? - Yes.

As far as you know, it never was opened again? - No.

THOMAS LUMLEY sworn.

I took the prisoner; I began to unbutton his clothes to strip him; and I pulled off his clothes and stockings, and found nothing there; then I unbuttoned his great coat, and his other coat, and his waistcoat; and he pointed to the lining of his waistcoat; and I pulled out the notes, and handed them to Mr. Daubigny; there were five fifty guinea notes of Hammersley; one twenty-five guinea of the same banker, and a ten pound bank note; that was all the notes; then he went to his bed, and brought out a bundle in a hair-dresser's bag, containing four hundred and forty-eight guineas, with a piece of ribbon round it, and a handkerchief round that; I searched every part of the cabbin, but found no more; then we brought him on shore; we handcuffed him, and brought him to town that morning.

Mr. Beth. I believe you threatened him, when you accosted him first? - I took him by the collar.

Court to Daubigny. Was this little chest taken out of the great box between the 10th of March and the 3d of April? - Not to my knowledge.

Who kept the key during that time? - I, myself; but sometimes I give the key to Mrs. Daubigny, because there are other keys with that key.

To Mrs. Daubigny. Do you know the last time it was used in the club? - It has has never been opened since the time it was put in, since the 10th of March; I am very sure it has never been to any gentleman since that; I was asked for it once; and I did not deliver it, because I had not the key.

Prisoner's Counsel. Was not it in your parlour sometimes? - Only when it was called for.

But was it not on the sofa? - Yes; then it was in my care: Villoni came into the room, and sat down on the couch; and Charlotte Dulotte was there; I saw it on the Wednesday before the Saturday it was missed.

- NEWTON sworn.

You have such sort of notes for fifty guineas, at Mr. Hammersley's? - Yes.

Prisoner Villoni. I leave it to my counsel.

GUANARD VILLONI , GUILTY , Death .

HUBERT MARTIGNON , NOT GUILTY .

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

Reference Number: t17900424-16

345. JOHN KING was indicted for feloniously making an assault on John Myers , on the 14th of February last, putting him in fear, and feloniously taking from his person, and against his will, five guineas, three half guineas, two half crown pieces, and a shilling, and a piece of a watch key, his property .

JOHN MYERS sworn.

Do you know the prisoner? - I have seen him before.

Where, and on what occasion? - On Sunday, the 14th of February last, in passing through an avenue, from St. James's , into the Park, I had my pocket picked: I lost five guineas, three half guineas, two half crown pieces, and a new shilling, and a piece of a watch key: immediately after I got into the narrow entry, I discovered I was robbed.

Did you feel the hand that robbed you, at the time you was robbed? - No; I discovered my pocket half turned out, afterwards; that was when I was got out of the crowd; and I said to the gentleman that was with me, that I had had my pocket picked, upon which George Allen came up; I never saw him before; he said he knew the man that picked my pocket, if I would follow him, he would bring me to him; that he saw him pick my pocket; I went with him to the Cock in Litchfield-street.

Was the prisoner under any restraint at the time he shewed him to you? - No, not at all; he appeared to be indisposed,

from having a top coat on, and a silk handkerchief about his neck: from that circumstance I could hardly suppose that was the man that had robbed me: the money was produced to me by Allen.

Can you venture to swear positively that this money and the piece of the watch key had been in your pocket that day? - No not as to the money; but as to the watch-key, I can.

Are you sure that the quantity of money produced, and the kind of pieces, corresponded? - As to that, I cannot positively say only for the sum; the sum was the very sum I lost.

Then you do not recollect of what particular pieces of money the sum which you lost, consisted? - No; I was wrong in specifying the pieces before; but that was merely from the strong evidence that appeared in this being found along with the broken watch key in the pocket.

Mr. Garrow, Prisoner's Counsel. You seem a very fair man: if I understand you, you wish to correct that part of your evidence about the number of pieces? - Yes, Sir; I was sorry I had said it.

Describe the condition of this man when he was taken into custody? - He appeared to be very much indisposed.

Did he walk with a couple of sticks? - I did not observe that; I observed he had one stick; and one stick he had buttoned up in his top coat.

This was a loose great coat, and outside pocket, that the man had on? - I did not observe that.

Where was your money taken from? - from my breeches pocket.

There was a great crowd? - Yes; I could not have lost it more than half a minute before I missed it.

You have no idea of force, or violence, or highway robbery? - No, Sir.

Court. There is no foundation for that.

GEORGE ALLEN sworn.

I know the prisoner very well: I saw him and Mr. Myers together, on Sunday, the 14th of February, within the Palace-yard, St. James's, going just after the soldiers were relieved; the crowd were going by the Duke of Marlborough's; Mr. Myers was in the crowd; the prisoner was behind him: there was a great crowd and a pushing; just as he came to the end of the passage, where it was wider, Mr. Myers said, God bless me! I have lost my money, I am robbed; as soon as he said so, I said this is the man that robbed you; I saw him pushing up behind him in the crowd; and being the nearest to him, I caught hold of the prisoner; he had on then a blue great coat; there was a bit of a tussle; and I brought him down to the Cock at the Rotation-office; we searched him; and in his right hand great coat pocket, I found five guineas in gold, three half guineas, two half crowns, a new shilling, and a broken watch key: Mr. Myers followed us down to the public house.

Mr. Garrow. What way of life are you in? - I am constable.

We see you very frequently every where? - Very frequently.

You are a constable? - Yes, belonging to the Rotation-office in Litchfield-street: I was employed as a witness against lottery-office keepers, by the Stamp-office.

So nothing had been said to Mr. Myers, before his property was taken, by any body in the crowd? - Not as I know of; I never saw the man in my life.

I take it for granted, this is under your advice, that this is laid to be a highway robbery? - It is under the direction of Mr. Johnson.

You know it makes the difference of forty pounds, that you are to have your share? - That I am to have my share.

Do not you understand that? - Yes.

Was it a loose great coat? - Yes, and a right hand outside pocket.

Now I am going to ask you a question: Do not you know that it frequently has happened, both at the theatre and other public places, that after an alarm has been given, the thief very often puts the money into an honest man's pocket? - I do not know it.

CHARLES YOUNG sworn.

I know the prisoner very well; I saw the prisoner at St. James's, going through the passage; I saw the prosecutor there; I saw nothing pass; I assisted in taking him into custody; we found on him six guineas and a half, and two half crowns, and a new shilling, and part of a broken watch key, in his right hand great coat pocket.

Prisoner. I leave it to my counsel.

The prisoner called two witnesses to his character.

NOT GUILTY .

Tried by the first Middlesex Jury before Lord KENYON.

Reference Number: t17900424-17

346. ELIZABETH YOUNG was indicted for stealing, on the 7th of February , one gold ring set with diamonds, value 5 l. 5 s. one pair of gold ear-rings, value 1 s. one fruit knife with a silver blade, value 1 s. a linen handkerchief, value 1 s. a steel watch hook, value 1 d. a steel bodkin, value 1 d. a metal bracelet buckle, value 1 d. two pieces of printed cotton, value 6 d. a towel, value 2 d. a cloth, value 1 d. six yards of cotton binding, value 6 d. one tortoise-shell smelling bottle case, value 6 d. the property of Mary Ann Dalziel .

MARY ANN DALZIEL sworn.

I live at No. 84, Queen-Ann-street, East . The prisoner was my servant last month, and for about four months; she left me the 26th of February, when she was taken up: I lost the things in the indictment, on the 17th or 18th of January; I lost my ring; it was a gold ring set round with diamonds, for the fore finger; I did not know I had lost all the articles; I missed the silver bladed knife, but nothing else till her box was searched; and there we found the other things mentioned in the indictment: the first time I searched her box, it was the 7th of February; the boxes were in her own room; she was very ill with the small pox at that time, and was in my house; I had been induced to suspect her before.

CHARLES ELLIOTT sworn.

I belong to Litchfield-street Office. I took the prisoner into custody, and found these things in her box; she delivered the key out of her pocket; the box was in the room, locked; she allowed it to be her box: this fruit knife, and this steel hook, and bodkin, I found in her pocket.

Prosecutrix. I know this knife; I have had it three years; and the bodkin and steel hook are very remarkable; I swear to them, and to every thing that came out of her box.

RICHARD DENNISON sworn.

I saw the box opened, and those things found in it.

PRISONER's DEFENCE.

I know nothing of the property; my boxes were taken out of my room when I was blind of the small pox; and I never saw them till I was sent for down into the parlour, to be taken into custody.

MARY JONES sworn.

I have lived with the prisoner two months in the house; I never saw any thing but honesty by her.

GUILTY .

Transported for seven years .

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

Reference Number: t17900424-18

347. ELIZABETH MASON was indicted for feloniously stealing, on the 21st of March last, one pair of ribbed cotton stockings, value 3 s. one piece of printed linen, value 2 s. 6 d. six muslin caps, value 8 s. a muslin frock, value 3 s. two linen sheets, value 15 s. a damask table cloth, value 10 s. a diaper ditto, value 3 s. four towels, value 6 d. one woollen blanket, value 3 s. eight pillow cases, value 8 s. two diaper napkins, value 2 s. four aprons, value 10 s. one yard

of check, value 1 s. a muslin neck-cloth, value 1 s. two handkerchiefs, value 4 s. one shawl, value 4 s. one printed muslin ditto, value 5 s. eight linen handkerchiefs, value 10 s. three linen ditto, value 3 s. one laced ditto, value 1 s. one white lawn ditto, value 1 s. one pair of thread stockings, value 2 s. 6 d. two waistcoats, value 3 s. 6 d. a shift, value 2 s. a cotton waistcoat, value 6 s. three small pieces of cotton, value 3 s. a piece of muslin, value 1 s. a piece of linen, value 1 s. a silver tea spoon, value 2 s. a silk gown, value 3 s. two cotton handkerchiefs, value 3 s. the property of James Lowe , in his dwelling-house .

And THOMAS PERRY was indicted for feloniously receiving, on the 22d of March last, one blanket, one sheet, one table cloth, four towels, two pillow cases, two handkerchiefs, two waistcoats, one linen handkerchief, two other linen handkerchiefs, one pair of stockings, and one muslin neck-cloth, knowing them to be stolen .

JAMES LOWE sworn.

I know both the prisoners. I am a pawnbroker . On Sunday, the 21st of March, I lost one pair of ribbed stockings, value 3 s. one piece of printed linen, value about half a crown, and six muslin caps, value about ten shillings; I had lost the other things in the indictment previous to that, but cannot say the day. On the 21st of March I had a few friends to dine with me; and we went up to Islington after dinner: the prisoner Mason was our servant ; I left word with her, that we should come back to tea; when I returned back, I found the prisoner Mason very much confused; I found my dining room and bed room, which contains a great part of our property, was safe: when I came down stairs I found the prisoner Mason at the street door; I said, Betty, did somebody knock at the door? says she, I thought so, Sir: my wife came home with her friends, and the prisoner then asked her leave to go to see her sister, at Islington, who was not well; Mrs. Lowe seemed rather angry, that she should ask to go out that night, but she gave her leave to go out, and to return in good time: between eight and nine my apprentice and a warehouse boy came in, and went into the kitchen, and found a parcel, which he brought into the parlour to his mistress; and we consulted what to do, and in about an hour after that the prisoner Mason returned home; and soon after she came in we procured an officer; the things were brought forward, and she denied knowing any thing at all of them.

Where were those goods when you went out in the morning? - In the shop window; they were goods for sale; we had her boxes brought down into my parlour; and there were a variety of articles, the greatest part of them had my shop marks; they consist of linen handkerchiefs, aprons, cotton stockings, &c. the things are all in Court; I was present when her boxes were searched; and I can say with certainty that every article we have here is mine: the prisoner was taken to New Prison: I suspected the prisoner Perry, and I got a search warrant, and went to his master; the prisoner Perry was in the yard; he went up stairs before I did; we desired to see his box; he brought it immediately nearer to the door than it had been, and he opened the box; I do not believe the box was then locked, though the key was in it; in opening the box there were several articles that I laid my hands on; and he said these articles were given him by the prisoner Mason; these things had been lost prior to the 21st of March.

What was the value of each of those articles? - They were some pocket handkerchiefs, and half a neck handkerchief; the neck handkerchief was worth one shilling, and the pocket handkerchiefs worth one shilling a piece; the boy was examined, and very frankly told us, that all these articles were given him by the prisoner Mason: having further information against Mason, I went to Islington, to Margaret Snapp 's, and desired to see the things that were brought there, tied up in a handkerchief; there I found, to my great surprize, a fine Holland sheet, a large damask table cloth,

six pillow cases, and some other small napkins and towels; she said, that was all that they had; soon after she came to my house with some more things, but I only know from information where she got them: she was examined the next day at Mr. Blackborough's, and the examination was taken down in writing.

Mr. Knowlys, Prisoners Counsel. You are a pawnbroker? - Yes.

Have you any body interested in the business besides yourself? - No; I am the sole owner in the business: the prisoner had lived with me seven months.

Of course she had access to the things in the house? - Yes; particularly that day.

MARGARET SNAPP sworn.

I know the prisoner Mason: I remember some goods being brought to my house by her, first a blanket, and sheet, and two or three towels; they were brought by Thomas Perry ; and Mason brought a bundle, containing one fine sheet; I never opened it till Mr. Lowe come; I put it in the drawer; she brought also a table cloth and two pillow cases; she gave me a child's frock once, for some work I had done, which she said she bought of her mistress; there were only two sheets; she said, she bought them of her mistress.

(The things produced and deposed to.)

THOMAS HILL sworn.

I am apprentice to Mr. Lowe. On the 21st of March, the same evening, I returned home, and turning down the table, I found a pair of stockings, and other things; I informed my master; and they appeared to be his property.

WILLIAM WEAVER sworn.

I took charge of Mason: I found the things in her box, and some in Perry's box, which he very readily owned.

ELIZABETH MASON , GUILTY. 39 s.

Transported for seven years .

THOMAS PERRY , NOT GUILTY .

Tried by the first Middlesex Jury before Lord KENYON.

Reference Number: t17900424-19

348. JOSEPH CRAFTS , JOHN CONWAY , and NICHOLAS MURRAY were indicted for burglariously breaking and entering the dwelling-house of John Mac Farlane , about the hour of seven in the night, on the 3d of March , and burglariously stealing therein twenty-four silk handkerchiefs, value 3 l. his property .

JOHN MAC FARLANE sworn.

I am a slop-seller , No. 116, Cock-hill, Stepney . My house was broke open on the 3d of March; I was not at home; I went out, as near as I can recollect, it was dark when I went out; I returned about seven; there were a number of people about my house, and a few in my house; one of the shop windows was broken, the square of glass knocked fairly out of it, and a parcel of silk handkerchiefs missing that I had left in the window, amongst stockings, shoes, and other things, about half a yard from the window, on the shew board; they were so near the window that they might be taken from the out-side by stretching the hand pretty far: I never recovered the handkerchiefs; they were all new silk handkerchiefs, three dozen and two or three; they cost me between six and seven pounds: I found the prisoners, Conway and Crafts in custody, on my return.

Can you undertake to say, that that window was whole before you went out? - Yes, I can: candles had been lighted some time before I went out.

ANN MAC FARLANE sworn.

I am wife of the last witness. I was at home, and heard the square of the shop window break; I ran to the door and called stop thief! I saw a man; he said, I saw the man break the window; he caught him; and Joseph Crafts was brought into the shop; it was candle-light; I saw the handkerchiefs in the window not five minutes before, when I went to snuff the candle, which was in the shop; we never recovered the handkerchiefs.

JOHN COOKE sworn.

I am a constable. The prisoner Nicholas Murray came to me on the 4th of March, about eight in the evening, and said he wanted to be admitted an evidence in a robbery, and would not say any thing till then; I went with him to Justice Staples; he admitted him an evidence; the other two were in custody before; on the 6th of March he was brought up to be examined again, and then he denied his writing or knowing any thing of the business.

JOHN GEARING sworn.

I was coming along near the prosecutor's house, about seven, on the night of this robbery, and I saw the prisoner Crafts break the window; my wife was with me; there were three or four with him; I cannot speak to them: it was done on purpose, with his elbow; I saw nothing taken out of the window; I took hold of him the minute the window was broke; I stopped him instantly; he said, I suppose you are the father of a family, I hope you will not take my life.

DOROTHY GEARING sworn.

I was with my husband, and saw Crafts break the window with his elbow; there were three or four with him; I do not know who they were.

Court to Cooke. Was you present when that confession was signed by the prisoner and the magistrate? - Yes.

"The voluntary information and confession

"of Nicholas Murray , who says,

"last night he, with Joseph Crafts , and

" John Conway , and another, went and

"picked several persons pockets of handkerchiefs,

"and a little beyond Shadwell

"Office, the same side of the way, Crafts

"broke the window of a house, took the

"handkerchiefs, and brought them to Mr.

"Moses, in Cable-street, who gave him

"twenty-five shillings for them, being

"twelve in number, and that he gave the

"other man twelve or thirteen shillings of

"the money".

Court. It says here

"taken and sworn." Who is the magistrate? - Mr. Staples.

PRISONER CRAFTS' DEFENCE.

I was coming from on board the ship, and going past when they took me.

Court. As to this confession, it cannot be evidence against the other two, and it cannot be received as evidence against himself, because by mistake it is taken on oath.

JOSEPH CRAFTS , GUILTY , Death .

NICHOLAS MURRAY , JOHN CONWAY ,

NOT GUILTY .

Reference Number: t17900424-20

349. BENJAMIN GOODALL , JAMES EVANS , and WILLIAM DENBY were indicted for stealing, on the 4th of March , four hundred and fifty-eight pounds weight of lead, value 3 l. belonging to Abraham Adams , affixed to three certain buildings of the said Abraham , against the statute.

(The witnesses examined separate.)

ABRAHAM ADAMS sworn.

I am a builder . I lost some lead on the 4th of March; I was spending the evening with some friends, who told me they had taken a lad with some lead; I only speak to the property.

JOHN ROBSON sworn.

On the 4th of March there had been some lead gone from there before, and I had some property there of my own; the property is in Hyde-street ; I went there a little past seven in the evening; it is the carcase of a house, unfinished; four boy s came in at a square of glass that was broken in the window; I seated myself in a corner, in the back part of the house, where the stair case is intended to be put up; they stood in the door way; they did not see me; they had some conversation among themselves; then they went to the top of the house; I heard them taking off the tiles; I then went out of the house, locked the door, and went for some assistance; I placed one man in the front, and another in the back; we staid from that time till eleven in the evening; I did not

hear them any more after; I left the house; I was not near enough to hear them; the man then began to be uneasy; I told them if they would set there, I would go to the Rotation Office; I went up to the middle gutter; and at the next house I saw something of a lump laying; and there was a boy laying with his head near the trap-door; I could not tell what it was till I came to it, because the man had not a light there; the shade took it away; I heard somebody speak to him; catched at him: I found it was another; and he fell down on the garret cieling; and I believe there were more of them: I took this boy, and called down; by some means they escaped; I then brought this boy down, and took him to the watch-house; that is an accomplice.

Do you recollect the faces of the other three? - Yes; one of them, Denby, he had not so good a coat on as he has now; I cannot be sure, because by moon-light one cannot so well see the colour.

Had you more than a momentary view of his face? - Yes; I can undertake to swear to him: I had been on the top of the buildings about six in the evening; I saw the state of the buildings then; and when I went up again, I examined, and found a great deal of lead was gone, which, when weighed, weighed four hundred and fifty-eight pounds; that was during the time these boys were on the top of the house: I found all the lead moved inside the roof, upon the cieling; I matched it, and it corresponded: it was from the gutter.

THOMAS KELLY sworn.

On the 14th of last March, between ten and eleven, I was called to this house to assist; I went to Hyde-street, Manchester-square, where I saw the evidence in custody; I went from thence to the buildings, the unfinished houses; I could see no sign of any other person; upon the evidence telling who the parties were, I took up the prisoners the following morning.

THOMAS WILLIAMS sworn.

I live in one of the houses; I was fetched; and this evidence was taken: on the morning I matched the lead in the gutter.

(The lead produced and deposed to.)

JOHN MERCHANT sworn.

Court. Remember that you are to speak the truth, and nothing but the truth: therefore, though you are to tell all you know against these prisoners, you are not to say a word more than you do know; and beyond what the truth will bear? - No, my lord. On Thursday night, the 4th of March, me and the three prisoners, all four went up a-top of the house in Hyde-street, and ripped off a great quantity of lead, and moved it out of the gutter: the three prisoners were all with me; they were inside when I was taken; I had just settled the lead.

PRISONER DENBY's DEFENCE.

I was not near the house: I was in bed at two in the morning.

PRISONER GOODALL and EVANS DEFENCE.

We know nothing about it.

BENJAMIN GOODALL JAMES EVANS -

NOT GUILTY .

WILLIAM DENBY , GUILTY ,

Transported for seven years .

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

Reference Number: t17900424-21

350. MARTHA OULDS was indicted for stealing, on the 11th of March last, a linen cap, value 18 d. the property of Reedick Bankey .

NOT GUILTY .

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

Reference Number: t17900424-22

351. GEORGE BARKER was indicted for feloniously assaulting Elizabeth

Foster on the king's highway, on the 8th day of March last, and putting her in fear, and taking from her person, and against her still, two shirts, value 6 s. a pair of stockings made of silk and cotton, value 2 s. a pair of cotton stockings, value 1 s. a silk handkerchief, value 12 d. and two linen handkerchiefs, value 12 d. her property .

ELIZABETH FOSTER sworn.

I saw the prisoner when he robbed me, which was the 8th of March: I was coming along Great Russel-street between eight and nine in the evening; the prisoner rushed from the corner of Charlotte-street, and snatched from me a bundle; he pulled it from under my arm; it contained the things in the indictment; I cried out stop thief! there was a lamp just above, and I perfectly saw his face, so as to know him again.

Can you undertake to say positively, that, with the assistance of that lamp, you know him again? - I can say I know him again; he was stopt directly by a person at No. 10; I cannot say whether any thing was found upon him.

WILLIAM GODFREY sworn.

I stopped the prisoner in Charlotte-street, Bloomsbury. I was at a Gentleman's door; I heard a woman cry stop thief! he was running as hard as he could: when he saw me, I saw him throw his hand; but whether he had a bundle or no, I cannot say; he jumped into the horse-way, and ran; I caught him and held him till the woman and the watchman came up; she said that was the man that robbed her: the bundle was taken within two or three yards of the place where I took the man; I did not observe the bundle.

JOHN CLARKSON sworn.

I am a watchman: I was going down to the watch-house between eight and nine, and I heard the cry of stop thief! and Mr. Godfrey had hold of him; I found the bundle within three or four yards; the prosecutrix owned the bundle immediately; I gave it to the constable.

RICHARD HARPER sworn.

This bundle was delivered to me in the watch-house; I have kept it ever since.

(The things deposed to.)

Prisoner. I have nothing to say; I have some people to give me a character.

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

GUILTY of stealing only .

Sentence respited, being sick .

Tried by the second Middlesex Jury before Lord KENYON.

Reference Number: t17900424-23

352. THOMAS PERKINS was indicted for stealing, on the 7th of March last, sixty pounds weight of lead, value 10 s. belonging to John Serjeant , affixed to a certain building of his , against the statute.

TIMOTHY PRESTON sworn.

I am a watchman: I remember seeing the prisoner come out of the house, No. 69, Queen-street , with a bundle; I followed him, and asked him what he had? he said, what is that to you; and he threw the bundle off his shoulder, and attempted to strike me twice; the second time, he struck me, which blacked my eye round: I took him and the bundle to the watch-house: (produced:) I tried the lead, and it matched.

JOHN ARTHUR sworn.

I am a cabinet-maker. I matched the lead with the last witness, at Mr. Serjeant's, in Queen-street; these are only a part of the whole that was taken, which was seventy foot; but two of these pieces match.

FREDERICK SMITH sworn.

I matched it; and his piece came off a cistern affixed to a building.

JOHN SERJEANT sworn.

It was my house at that time; I matched this lead.

PRISONER's DEFENCE.

On Sunday morning, the 7th of March, about half past six, going to St. Martin's-lane, I saw the watchman the corner of Queen-street; passing by the house, this bundle lay by the side of the door; I took it up, and the man followed me, and took me.

GUILTY .

Transported for seven years .

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

Reference Number: t17900424-24

353. JAMES WARD was indicted for stealing, on the 6th of April , one piece of worked lawn, value 50 s. six pieces of thread lace, value 50 s. three table spoons, value 30 s. and the rim of a buckle, value 1 d. and one ring, value the property Richard Tate .

RICHARD TATE sworn.

I am an upholsterer in Jermyn-street . On the 2d of April, I missed three table spoons; we missed nothing else till the boy went over to the pawn-broker.

THOMAS REDDISH sworn.

I am servant to Mrs. Rochford, in Jermyn-street: I received three spoons from him, the 25th, 27th, and 30th of March; one on each day; I lent five and six-pence, three shillings, and four shillings; they have been in my custody ever since.

(Produced.)

WILLIAM VAUGHAN sworn.

I am servant to Mrs. Rochford, in Jermyn-street: I took in these things.

Mr. Garrow. Open them, and let us see them? - There are six yards and a half of new worked lawn, and six yards of blond lace, make of silk; I lent twelve shillings on them: he asked a guinea: I was convinced they were not worth a guinea.

Did you at the time (you now say on your oath) believe that lace and lawn be not worth a guinea? - I do.

What name did he pledge them in? - In the name of Ann Tate : I am sure he is the person that pledged them.

THOMAS CARPMEAL sworn.

I searched the room the prisoner lodged in: he was a servant in the house; I found this ring and buckle in the prisoner's breeches; he said the breeches were his.

(Prosecutor deposes to the spoons by the cypher R. A. I.

Mr. Garrow. Look at the blond lace? - I know this to be my property by the corresponding numbers in my book.

Is there any mark upon it? - There are particular numbers on the cards; they are not my writing.

Had you lace of that sort which you missed? - I had; and particularly done up in one parcel, to put by, which I not immediately wanted; they would not have been wanted till next Midsummer.

Do you think it a hard bargain to lend a guinea on them? - I suppose, to speak within compass, they cost me above forty shillings: the lawn probably is worth three guineas; I would not so particularly swear to the lawn, as they were all wrapped up together; and the pawn-broker's boy confessed he had taken them all.

Were there any promises made to him? - There was no promise or threat.

What did he say? - He said he had been a very bad wicked boy, and had taken the spoon, but confessed to nothing more: I repeated the question, I believe, fifty times: when these things were produced, he then owned he had taken them; I believe he confessed all the things that Carpmeal has; I recollect seeing Mrs. Tate wear this ring very frequently.

Prisoner. I have nothing to say.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17900424-25

354. EDWARD MACDONALD was indicted for stealing, on the 15th of March last, two guineas and three shillings, the property of Seth Young , privily from his person .

SETH YOUNG sworn.

I never saw the prisoner till this day: I went into the Brown Bear, and had a glass of gin and water, and fell asleep; and when I awaked, I did not know I had been robbed; but as I was passing by, somebody said this is a new-fashion way of wearing breeches pockets, inside out; then I said I have been robbed; I lost three guineas and three or four shillings.

HENRY IRELAND sworn.

I carried the gentleman a glass of gin and water; and, pulling out a shilling to pay for it, I gave it my master; he refused it; and I returned and saw some gold and silver in his hand; he was in liquor.

JOHN HOOD sworn.

I was at the Brown Bear on the 15th of March, and saw the prisoner at the bar pick the gentleman's pocket; I was facing him; so was the prisoner; there was a table betwixt them; and the prisoner put his hand under the table; I thought it had been a joke; the gentleman was asleep when I came in; and I did not know but they were acquaintances; the prisoner had been out, and came in again; the prisoner was taken into custody in about an hour and a half after: the prisoner is a soldier in the guards .

JOHN PITT sworn.

I keep the Brown Bear; and this prisoner is quartered there. Mr. Young came in on Monday, the 15th of March, and had a glass of gin and water, and sat down where there was a prisoner in the house; by and by he came to me, and said I am robbed? I said that cannot be; I accused the soldier; the other man was with him; he seemed very much flurried; they had taken this prisoner that was in the box; to the watch-house: I took the soldier into custody; I searched him, and found a shilling and some halfpence: Sir Sampson committed the soldier, and discharged the other.

Do you know Hood, the last witness? - Yes.

What is he? - He is a shoe-maker, I believe; he comes to my house sometimes: the serjeant and corporal talked together; and they went to search a room by his direction; they found nothing: he said, search the room, under the bed; there I found two guineas, and a particular bad shilling, which the man had offered me before; a very remarkable shilling; I am positive this was the shilling he offered me before.

(The shilling deposed to by the prosecutor.)

PRISONER's DEFENCE.

My lord, and gentlemen of the jury: I have been quartered in the house since the 25th of last August always when I came off duty, I was in the tap-room: I never saw the man sleep, nor even saw him to my knowledge before, till this day: I am innocent of the crime: my witnesses waited till last night.

GUILTY of stealing, but not privately .

Transported for seven years .

Tried by the first Middlesex Jury before Lord KENYON.

Reference Number: t17900424-26

355. LUCY ACOR was charged, on the coroner's inquisition, for that she lately, before the 1st of February last, had taken the custody, care, and charge of one Mary Page , an infant of tender age, about sixteen months , to nurse, and provide for her; and that she, from the said 1st day of February, to the 24th of the same month, had her in custody and charge, to nurse and provide for; and that she, upon the said 1st day of February, not having the fear of God before her eyes, but being moved and seduced

by the instigation of the devil, and on divers other days and times, between that day and the 24th of February, with force and arms on her, in the peace of God, and our lord the king, then and there being, feloniously, wilfully, and of her malice aforethought, did make an assault; and that she, the said Lucy Acor , on the said 1st day of February, and on divers other days and times, between that day and the 24th of February, during all which time she had the custody, care, and charge of her, to nurse and provide for her, falsely, feloniously, wilfully, and of her malice aforethought, did neglect, omit, and refuse to administer to her sufficient and necessary food and assistance, for the necessary refreshment of her body; and at divers times on the said 1st of February, and divers other days; for several, to wit. three hours in each day, feloniously, wilfully, and of her malice aforethought, did confine and desert the said Mary Page , without any proper and sufficient person or persons to take care of her, and provide for her, being an infant of tender years, and unable to take care and provide for herself; and that she, from the 1st day of February to the 24th of the said month, feloniously, wilfully, and of her malice aforethought, did place, lay, and keep the said Mary Page in a certain drawer, on the floor, in a certain room in her dwelling-house; and during all the time aforesaid, feloniously did keep her in filth, and the excrements of the said Mary Page ; and without sufficient and necessary covering to protect her from the cold and inclemency of the weather, she being of tender age, and not able to take care of herself; by reason of which omitting sufficient and necessary food and sustenance for her support and maintenance, and also by keeping her and confining her without proper persons to provide for her, and by such placing and keeping the said Mary Page in a drawer, in the said room, and by keeping her laying in filth, and the excrements of the said Mary Page , without proper and sufficient clothes and covering, the sickness of her body was greatly heightened and increased; and she was mortally sick; and from the said 1st of February, to the 12th of March then following, did languish, and languishing did live; on which said 12th of March, the said Mary Page , of the said mortal sickness and disease, did miserably perish and die: and so the jurors on their oaths say, that she, the said Lucy Acor , her, the said Mary Page , in manner and form aforesaid, feloniously, wilfully, and of her malice aforethought, did kill and murder .

BARBARA CASS sworn.

I live in Chandler's Rents, Black-friars : I am an ink-maker: I know the prisoner; she lived in my house between two and three months; she is of no business, that I know of; her husband is a compositor: she had the care of Mary Page , an infant child; it was seventeen months and a fortnight old, when I had it from her; she was out all night; and I had an opportunity of asking the husband for it; it was, I believe, in the month of February; I saw it several times in the room; I observed to her, that she was starving it, and ill-using it, and advised her to ask the father to take it to the workhouse; I believe it was not a very strong child when she had it first; I never saw it at meals.

Were there any such strong leading marks of neglect and abuse of this child, that you can state to the Court? - The child was so neglected, that the bones were through the skin; and there were holes through the skin.

That was the observation you made, that the child was so thin, that the bones came through the skin? - I had not an opportunity of seeing, it was so still; I took it down stairs that morning: I had it a fortnight and one day; it appeared a little better; but when it had any thing that was nourishing, it was worse.

Did you consult any medical person upon it? - I took it to Doctor Vaux the first morning; he is here.

The child died the fifteenth day after you had it? - Yes.

How long had this woman had it? - I do not recollect how long; she had it the day before the mother was buried; the first day she had it, she went out at twelve, and did not return till four o'clock; and the child was crying then for victuals; the child's head was very bad; I was obliged to set up with it all night, to get it clean enough to take it into bed; she had never taken it into bed.

How do you know that? - I have only her own words for it; she laid it in a drawer.

That was like a cradle? - It was a drawer; it was only three feet and a quarter long; the child could not lay in a drawer after I had it two or three days; I frequently saw it in that drawer; she had no where else to lay it, that her husband would permit her to lay it in.

Mr. Garrow, Prisoner's Counsel. You say the first day she had the child, she went out; that was two or three months before the child died? - Yes.

Did you know the mother? - No.

Did you know the disorder of which she died? - No, I do not know either father or mother.

Do not you know that this infant had the misfortune to be born with a consumptive complaint? - Not that I know of.

This woman had no cradle of her own? - Not that I know of.

Was not this a safe thing, to put it in this drawer? - No, I do not think it was.

How many children had this woman, herself? - I do not know, Sir; she has three now; and one she has buried.

This was a nurse child? - Yes.

How many beds had she and her husband, and her children? - Two.

How often did the father come to see it? - Two or three times in a week.

I always understood, to the time of its death, he came frequently to see it? - Yes, I believe he did.

You had opportunities of speaking to him about his child? - I did send him word about it.

SARAH DEATH sworn.

I visited at the house of Mrs. Cass. I had opportunities of seeing this infant child: I have seen it twice in the prisoner's apartments; the first time I saw it, was within about three weeks after she had it; at the time I saw it in her own apartment, it laid on the outside of the sacking of the bed, on an old stuffed pillow-case (what was in it I cannot tell), with a pair of old blue breeches covered over; and I went to it, and it smelt very disagreeable; I told her it wanted nursing; and she said the child was ill, and would not bear nursing: between the next time that I saw it, I have heard her go out, and leave it, frequently, without any person to take care of it, except three times: she has three children now living; she had four, but buried one; the eldest is about nine years; the children were always together; the last time I saw the child in her apartment, it was in a drawer, on the same stuffed pillow-case, and the same covering; I only saw its face; I did not examine it: I saw it afterwards in Mrs. Cass's room; then it was in a most dreadful situation; I helped to clean the child's head, and the cap was eat into the head; I was forced to cut it with the scissars; it was very disagreeable, and quite devoured with vermin: I cleaned and dressed it according to Dr. Vaux's directions.

Dr. VAUX sworn.

I attended this child; I think it was the 26th of February; if I am not mistaken, it died within a fortnight. Mrs. Cass brought the child to me, observing it to be in the last stage, as they conceived, of a consumption; and that the child could not hold out many days. I thought the sickly state of the child required some better care and attention than what the woman who had the care of it seemed to extend to it; medical advice was out of the question; I desired her to carry the child to the churchwarden, that he might see the woman, to charge her to take care of it, or put it into the care of some other person; in consequence

of this, a message came to me, to request I would attend the child in Mrs. Cass's care; accordingly I went down to see the child: but the child was in that weak state, and indeed so far gone, that it was quite unnecessary for me to do any thing for it; the child had a bad complaint indeed; I conceived the child to have been born of diseased parents; and as such the child's constitution partook of it; and I have not the least doubt but that was the case.

Then upon your view of the child, you rather place the death of the child to the constitution with which it was born, than to any thing else.

NOT GUILTY .

Tried by the London Jury before Mr. Baron HOTHAM.

Reference Number: t17900424-27

356. STEPHEN WARNE was indicted for stealing, on the 13th of April , a brass lock, value 3 s. two iron locks, value 2 s. two iron latches, value 2 s. a pistol, value 3 s. twenty iron keys, value 3 s. a sledge hammer, value 1 s. 6 d. the property of Thomas Bowd .

Thomas Bowd and Mr. Shepherd called on their recognizance, and not appearing, the prisoner was

ACQUITTED .

The recognizance was ordered to be estreated.

Tried by the London Jury before Mr. Justice HEATH.

Reference Number: t17900424-28

357. CHARLES PHILLIPS was indicted for stealing, on the 31st of March last, a cloth coat, value 3 s. the property of Ambrose Thornhill .

SUSANNA THORNHILL sworn.

I am wife of Ambrose Thornhill ; he is a labouring man , in Peter-street ; my husband lost his coat the last day of March; I saw the coat in the bottom drawer: the prisoner lodged with me; I turned him out because he did not pay his lodging; I had not seen it at the time he left the house.

GEORGE WRIGHT sworn.

I had the coat of James Butler , who had it from the prisoner, who said he had it from his brother.

GUILTY .

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

Reference Number: t17900424-29

358. JOHN DILLON was indicted for stealing, on the 25th of March , a silver watch, value 20 s. a steel chain, value 6 d. a key value 1 d. an iron key, value 1 d. a muslin neckcloth, value 6 d. fourteen shillings in monies numbered, and four halfpence , the property of Robert Hayward .

Robert Hayward , James Dytz , Charles Gorcing, and Michael Down , called on their recognizance, and not appearing, the prisoner was

ACQUITTED .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17900424-30

359. JEREMIAH DEVINE was indicted for feloniously stealing, on the 8th day of April , one iron grid-iron, value 2 s. the property of Eleanor Harlow , widow .

JOHN SMITH sworn.

On Easter Monday, I was in Mrs. Harlow's kitchen: I saw the prisoner take a grid-iron out of the shop; I got on the window, and looked through a hole; he carried it away: I followed him into Fleet-lane, and saw him sell it at Mrs. Reed's; I waited till he came; and I spoke to him, and said, how came you to steal things? and he ran away.

Court. How came you not to seize him?

- I was all in a tremble, and fear; I did not know but he lodged at Mrs. Reed's, till I heard them bargaining: the constable has the gridiron.

SAMUEL ROBERTS sworn.

I had the gridiron from Smith, when I was at the end of Cock-lane; the prisoner and Smith were struggling; and I went and secured him, and left him in care of one of the patrol: I went to Mrs. Reed, and asked her for the gridiron; and she denied it; I told her it was no use to deny it, for we had the thief in custody: Smith went the next day, and she gave it him.

Court to Smith. Is that the gridiron? - Yes, I am sure of it; I never saw such a one before.

Mrs. Reed called.

Smith. She was here, and slipped down, and strained her ancle; and she is now at home in bed.

ELEANOR HARLOW sworn.

I lost a gridiron: it has not been used for several years: I am sure this is mine.

Court. I think Mrs. Reed's conduct appears in such a light, upon the evidence of Roberts, that I think she ought to be called on her recognizance.

Mrs. Reed called, but did not appear; and her recognizance was ordered to be estreated.

PRISONER's DEFENCE.

My master sent me to clear some rubbish; and I found this gridiron there, and I sold it for old iron.

The prisoner called three witnesses to his character.

GUILTY .

Fined 1 s. and imprisoned six months .

Tried by the London Jury before Mr. Baron HOTHAM.

Reference Number: t17900424-31

360. THOMAS SMITH was indicted for feloniously stealing, on the 8th day of April , one wooden door, value 4 s. the property of Charles Milner .

The witnesses not appearing, the prisoner was

ACQUITTED .

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

Reference Number: t17900424-32

361. JOEL RAWLINS was indicted for feloniously stealing, on the 28th of March , four pounds weight of lead, the property of John Perry , affixed to a certain outlet building, belonging to his dwelling-house , against the statute.

(The case opened by Mr. Knowlys.)

JOSEPH DEAN sworn.

I am a servant to Mr. Perry, of Poplar : I know the pumps from which the lead was lost; I saw them in the morning, about six in the morning; there had been some lead lost the day before; they are in the dock-yard, near the out-let that goes into the Thames.

Court. How far from the house? - The house stands in the yard; and the pumps are in the dock-yard.

Is the pump a moveable? - It is intended to be removed when the dock is finished; it is now fixed in the ground.

Court. That case does not fall within the law, and therefore the prisoner must be

ACQUITTED .

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

Reference Number: t17900424-33

362. LEVI JACOBS was indicted for feloniously and burglariously breaking and entering the dwelling house of John Wyatt , at the hour of eight in the night, on the 23d of February , and feloniously and burglariously stealing therein, one linen tablecloth,

value 3 s. one pair of cotton stockings, value 1 s. three sheets, value 6 s. one petticoat, value 3 s. the property of Thomas Howell , in the same dwelling house .

The witnesses not appearing, the prisoner was

ACQUITTED .

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

Reference Number: t17900424-34

363. MARIA GREEN was indicted for feloniously breaking and entering the dwelling house of William Livingston , on the 8th of April , about three in the afternoon, several persons being therein, and feloniously stealing therein, one quilt, value 2 s. one linen sheet, value 2 s. the property of the said William Livingston ; and two pair of breeches, and one waistcoat, value 12 s. the property of Archibald Duncanson .

WILLIAM LIVINGSTON sworn.

I live at No. 47, Leather-lane . My house was broke open on the 8th of April: the prisoner went up stairs, and took away a quilt and sheet from the garret; she was a stranger.

Court. Did you see her take it? - I did not; she was followed: my property is here.

Can you swear to it: what marks are there on the quilt? - Different patch-work about it; (the quilt deposed to;) this is mine.

Did you see her take it? - No.

ARCHIBALD DUNCANSON sworn.

On Thursday, the 8th of April, about half past four, Mr. Sultrus, who lives opposite, observed this woman pass by our door.

Court. Did you see her? - No; when she was brought in, she had some of my property upon her.

What is the value of them? - Twelve shillings.

Where were they left? - In the back garret: I locked the door when I went out; and it was broke open.

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

GUILTY of stealing only .

Transported for seven years .

Tried by the first Middlesex Jury before Lord KENYON.

Reference Number: t17900424-35

364. ROBERT DAVY and FRANCIS THOMAS were indicted for feloniously assaulting Moses Saint James , on the 9th of April , putting him in fear and danger of his life, and feloniously taking from his person, and against his will, a cloth jacket, value 4 s. a pair of shoes, value 2 s. a pair of buckles, value 1 s. his property .

MOSES SAINT JAMES sworn.

What are you? - Sixty years old.

What are you? - A Roman Catholick.

What is your profession? - A Roman.

What is your profession and trade? - I follow the sea. I was robbed when I came from sea, about five weeks ago: I was in London, going down aboard the ship; I was robbed on Salt-petre-bank , at two o'clock in the afternoon; I had been in a public house in the highway; and the prisoners were in it; I staid in the public house while I was drinking a pint of ale; they followed me out; they began to drag me; I told them I was an old man; and with that they got hold of my clothes; I began to bawl out; one of them stopped my mouth; and while I was attempting to take his hand from my mouth, they tore my jacket off; one of them swore his eyes, he would take my shoes off; and they took my shoes and buckles; they took my money, three or four shillings; along with my jacket, which was in the pocket: nobody came to my assistance; several were looking on, but not one came near me: I was right sober; the prisoners were taken at the same house; I never got my things again: there is the one that took my shoes: (points to a wrong man:) that is him; that white fellow.

Court. You will acquit the prisoner; after that, I am sure you will not go on.

BOTH NOT GUILTY .

Reference Number: t17900424-36

365. JOHN LOTT and ISABELLA WILLIAMS were indicted for stealing, on the 26th of March , one gilt medal, value 20 s. four other ditto, value 42 s. five velvet collars, laced, value 25 s. three silk ribbons, called garter-ribbons, value 50 s. two pictures

in gilt frames, value 2 s. 6 d. the property of Robert Hayday , in his dwelling house .

A second Count, laying the picture only the property of Mr. Hayday; the others of persons unknown.

(The witnesses examined apart.)

ROBERT HAYDAY sworn.

I keep the Globe public-house, the corner of Market-lane, Pall-mall . I did not know the prisoners before the 26th of March, when I lost my property; they came to my house between ten and eleven; I shewed them into a little parlour; they had a pot of beer; I asked them up stairs, wanting the room; there they had six-pennyworth of gin and water, and three or four Welch rabbits; at twelve o'clock I wanted to shut up my house, and desired them to go. On the Monday following, a person came and asked me if I had lost something? I said I would go up stairs and look; I saw the box in the dining-room was wrenched open; it is a Shakesperian society; and I found several of the medals were gone, and a picture: I was informed it was at Bow-street; the picture was my property: I went to Bow-street with Morant, and saw these things; they are here; I saw the medals on the Wednesday before; I do not recollect when I saw the picture: I will not swear to the prisoner.

MOSES MORANT sworn.

I am an officer of Bow-street. On the 28th of March last, I had these medals and pictures from Mrs. Brown's, Castle-street, Oxford-market.

ELIZABETH BROWN sworn.

I keep a house in Castle-street, Mary-le-bone, a lodging house: I had been washing up some tea-things; and went to throw the leaves down the necessary, and heard something gingle; I got a candle, and found a parcel, and opened it; and I perceived it to be a parcel of sashes, and these medals: the prisoners were gone out to dinner; they had lodged in my house a fortnight: I sent to Sir Sampson's, thinking there might be a robbery; and these things had been thrown down to be concealed; I do not know that the prisoners left any thing there.

Court. These are not medals, gentlemen, they are busts.

To Hayday. Can you swear to this picture? - No.

Court. There is no evidence to affect the prisoners.

NOT GUILTY .

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

Reference Number: t17900424-37

366. JOHN COLLINS was indicted for stealing, on the 10th of March , seven feet of leaden pipe, value 5 s. belonging to Henry Bennet , affixed to a certain house of his , against the statute.

HENRY BENNET sworn.

I know Henry Bennet 's house, the corner of Newtoner's-lane ; it is in tenements; I rent the whole house; the lead was taken either the 9th or 10th of March, in the morning; I saw it there the 9th; I had information it was missing the 10th of March, between six and seven in the evening; it was gone from the pipe in the passage, conveying the water from the yard; the pipe was fixed to the side of the wall, by wall hooks; it communicated with the tub in the yard; I compared the lead; it fits, and is the exact quantity that was missing.

DANIEL HOGAN sworn.

I am a watchman. I know the prisoner. On Wednesday, the 10th of March, at two in the morning; I was calling the hour; I met the prisoner, within six or seven yards of my box; I asked him what he had; he shewed me a piece of pipe; I found four pieces on him; it was under his coat, two on each side; he said, I might take the lead, and let him go; he did not say to whom it belonged; I have kept it ever since.

PRISONER's DEFENCE.

I work at a house at Islington, at a cow-keeper's; I am a labourer; I was obliged to be up by three; and in St. Giles's these pieces of lead lay on the foot way, within seven foot of each other; I intended to take it to the watch-box; I was going to carry it to the watch-house.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17900424-38

367. WILLIAM SAWYER and ELIZABETH SMITH were indicted for feloniously stealing, on the 25th of February last, one glass tumbler, value 1 d. one crown piece, eight half crowns, two pieces of foreign silver coin, value 4 s. 6 d. and forty-five shillings and sixpence, in monies numbered, the property of John Jackson , in his dwelling-house .

JOHN JACKSON sworn.

I am a victualler . I keep the sign of the Magdalen, Pimlico . I lost the things in the indictment from my house on Thursday morning, the 25th of February; I last saw them the 24th, at night; the two prisoners were my servants, cook and pot-boy ; I missed the things from the top of a beer drainer, that we put the pots on; they were in a glass; on the 24th of February, at night; I was going to bed; the rest of the family, but the bar maid, were gone to bed; I search the house every night; I locked the bar door; I had the silver in a tumbler, in my hand, and I set it on the beer drainer, which was close on the outside of the bar door; I intended going into the cellar, which I did, and left the tumbler there; coming up stairs; my wife lay in; and somebody knocked for me, and I ran up stairs, and talking, I forgot the silver: in the morning when I came down stairs I recollected my silver, and missed it; I am positive to leaving it there; I made every secret enquiry; my suspicion fell on Elizabeth Smith ; I ordered her up stairs, and left her there till I had searched the kitchen where she was washing; I found a glass was thrown into the copper fire, and was melted; it was a tumbler, because three parts of the rim of the tumbler remained, having gone through the grate whole; I discharged her: it rested till Thursday, the 11th of March, when the prisoner, William Sawyer , brought me one of the French half crowns, which he said he had taken from Mr. Carr's lodger, for beer; I believe one pot; I knew it to be mine; there is a hole in it, and I believe very near through it; there is a wage between the flower de luce and the crown; I have kept it separate from my other money; I said to him, this is the very half crown that was among the silver that was stole; he made little or no reply, and went into the tap room; he did not ask for the change; he asked me in the course of the evening if I had been over to Mr. Carr's lodger? I told him, I had, and they were out; he staid all that night in his business, as usual, and in the morning he absconded; that was on the 12th; on the 13th, in the morning, I took him, and charged him with the robbery; I told him I should take him to Bow-street, and have him examined; going down Oxford-street he wished to go into a house, and tell me the matter; he told me, that on the 25th of February she gave him the money, and he hid it in the cellar, under one of the stones the beer is placed on; that on the 26th or 27th she met him, and asked him if he had the money; desired him to bring the money, and they would divide it; at the same time he threw me down two half crowns and a shilling, all that was left; I marked it, and it is here; I have nothing more to say.

(The confession handed up.)

This is the prisoner's mark, and Mr. Bond's hand writing.

WILLIAM ROBERTSON sworn.

I am servant to George Brown , salesman, in Monmouth-street: the prisoners bought

clothes of me at my master's, on Tuesday. the 2d of March.

(The confession read.)

"(Middlesex, to wit.) The voluntary

"examination and confession of William

"Sawyer, charged with felony, taken before

"me, the 13th of March, 1790; who

"says, that on Wednesday fortnight, he

"and Elizabeth Smith were servants to

"Mr. Jackson, that about three she got

"up to work; and about half past six

"called him into the kitchen, and said,

"what do you think your master has

"done? and took out a quantity of silver,

"saying her master had left it on the top

"of the cellar stairs; she said, what shall

"we do? he said, you know best; she

"said, let us keep it; she wrapped it in a

"cloth; he carried it into the cellar; she

"was discharged, and met him, and gave

"him a direction to her lodgings, to bring

"the money there, where they parted the

"money, amounting to one pound seventeen

"shillings and sixpence, after which

"they went together to Mr. Dawson's, in

"Monmouth-street, where this examinant

"bought a coat, waistcoat, and breeches,

"for twenty shillings; a pair of stockings,

"and silk handkerchief, and a stuff coat,

"for his mother, for three shillings and

"sixpence; after which they drank together,

"and parted.

"Taken before me, NICHOLAS BOND ."

Witness

JOHN UMPAGE . JOHN JACKSON .

Prisoner Sawyer. I am quite innocent.

WILLIAM SAWYER , GUILTY,

Of stealing two shillings and sixpence .

Transported for seven years .

ELIZABETH SMITH , NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17900424-39

368. ELIZABETH STANLEY was indicted for stealing, on the 9th of March last, one tin tea kettle, value 6 d. a pair of bellows, value 6 d. the property of Elizabeth Eddington , widow ; one pair of worsted stockings, value 4 d. a pair of cotton ditto, value 4 d. a pair of cotton ditto, value 6 d. the property of John Hutchinson .

ELIZABETH EDDINGTON sworn.

I live No. 113, Great Saffron Hill . On the 9th of March, I knew the lodger, John Hutchinson , was out; and I heard a foot on the stairs; I called out to know who was there; and I found Elizabeth Stanley on the stairs; she said she wanted some person that I do not recollect; then she asked if it was not No. 3; I told her no, it was 113, a great way off three, and desired her to come down stairs; she followed me down stairs; at the street-door, she said she hoped it was no offence; she went out; she came in again; I did not see her; I saw her come down; I followed her out, and caught hold of her gown, and found this tea-kettle and a pair of bellows on her; they are mine; they were in the two pair of stairs; the handle of the kettle has been new put on; the nose of the bellows had been out and in again; I found the other things upon her, belonging to the other witness; the tea-kettle was under her apron, and the other things about her.

JANE HUTCHINSON sworn.

I am wife of John Hutchinson . I took the handkerchief and stockings out of her pocket; I know they are mine.

PRISONER's DEFENCE.

A man threw them out, and I picked them up.

GUILTY .

Fined 1 s. and imprisoned six months .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17900424-40

369. EDWARD BRANDON was indicted for stealing, on the 15th of March ,

six silver table spoons, value 30 s. the property of Davison Munton .

Davison Munton called on his recognizance, and not appearing, the prisoner was

ACQUITTED .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17900424-41

370. GEORGE BATHURST and JAMES BUCHANAN were indicted for assaulting John Philips on the king's highway, and taking from his person, and against his will, one man's hat, value 2 s. one guinea and five shillings in monies numbered, his property .

JOHN PHILIPS sworn.

I am a card-maker : I work for Mess. Gibson and Gisborne: I lodge in Dyot-street, at the Black-horse. I was robbed on Tuesday, the 6th of April, about two in the morning; I was going home: I was coming from St. James's; I had been spending the evening with an acquaintance; I was alone.

Court. Had you been drinking much? - I was as sober as I am now. I was going along Holborn, opposite the French Horn gateway , on the same side of the way; I had been home with my friend.

How came you to go into Holborn? - I lost my way.

How long have you lived in London? - Four years. I do not know my direct road in the night.

What happened to you then? - The night was cold; I had my hands in my breeches pocket: I saw the prisoners about six poles off me, and a woman in company; I could distinguish them by the light of the lamps; seeing them stand I took my hands out of my pockets, and buttoned them up, and walked up towards them; as I passed, I gave them the wall; I walked along the curb; as I was passing, Buchanan came with all his force, and shoved me off the curb; he did not push me down; but at the same time, he followed me, and took my hat off, and threw it into a passage just by, and struck me, and knocked me down, after he had taken my hat: Bathurst came to his assistance, and the woman, at the time they knocked me down: I called the watch, and got hold of them both, and strove to hold them; Bathurst clapped his foot upon my breast, and broke away from me; I was down at that time; I endeavoured to keep Buchanan; the patrol came up, and the patrol took hold of him: Bathurst stepped to the gateway; Wright, the patrol came up; I asked him if he was a watchman? he said, yes: I kept Buchanan; they took Bathurst; in the scuffle I lost my money; my pockets were turned inside-out.

Court. When did you lose the money? - When I was upon the ground, I believe.

Was you stunned by the blow? - No: my hat was picked up by the watchman; and he has it here.

Mr. Garrow. You have mentioned all you have lost? - Yes, I have.

You are certain? - Yes.

You lost nothing else? - Yes, some papers.

What were they? - Duplicates of things I had in pledge.

How long had you lodged in Dyot-street? - Five or six weeks.

A private house? - No, a public house.

What sort of a house? - I looked upon it to be a good house.

Will you swear it? - No.

So you had lost your way? - I had.

How soon did you find yourself lost? - I cannot tell.

How far had you got before you found you had overshot Dyot-street? - Into Lincolns-inn-fields.

What did the woman do? - She secured me by the hair of my head.

What became of the woman? - She made her escape.

Did not these men give charge of you? - Yes.

What was it? - I do not know what the charge was.

What became of you? - I was sent to prison with them, and continued till the next morning.

Where was it you offered, if they would give you one pound six and three-pence, they might go about their business? - I never said so.

You will swear that? - I never said any such thing.

Court. Did you, or not? - I might make an offer of that kind.

Mr Garrow. Will you swear it did not happen? - I do not recollect; they were searched.

Was your money or duplicates found: was any copper, silver, or gold found upon them? - I do not know what.

Was not there four shillings found on each of them? - I do not know it.

Have you never heard there is a reward of forty pounds, for the apprehension of a foot-pad robber? - I cannot answer it.

Upon your oath, did you not? - I know nothing of it.

Tell me, yes or no?

Court. That is a plain question; you must give an answer? - For foot-pads I never did; for out-laws, and the like, I have.

Court. Did you or did you not hear of it? - For out-laws, and the like, not for foot-pads.

You was sober, and the prisoners were? - I heard the constable say they were a little infatuate with liquor.

Did he not say you were all drunk? - I do not know.

How long had you been with your friend? - I had been in Rosemary-lane; and went with him to St. James's; and from thence I got into Lincoln's-inn-fields.

Where had you been at in Rosemary-lane? - A public house; the Crooked-billet.

I dare say you have a precious acquaintance; you live in Dyot-street, and visit in Rosemary-lane: how came you to live in Dyot-street? - A young man who works with me, lives there.

Do you know Mr. Sollum, a japanner? - No.

Did you never say they molested a woman you was with? - I never said they molested a woman I was in company with.

How long have you worked with Gibson and Gisborne? - Six weeks: when I came to London, I could not get employment in my own business; I trafficked in the country, from Lydd in Kent.

What did you deal in, moon-shine and tobacco? - No.

You was a smuggler? - No; I was employed by a man.

What trafficking, upon your oath? - In smuggling, if I must tell you.

Court. Gentlemen, it is one of the great blessings of the constitution of this country, that no man can be put upon a trial for his life, without evidence, and the party being produced who gives that evidence: these men are upon trial for their lives; and one is sorry to hear a man give this sort of evidence on such an occasion: upon my word, I think it affronting to you, and every man, to hear such evidence as this: if you think it proper these men should stand in jeopardy of their lives any longer, I am willing to go on.

NOT GUILTY .

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

Reference Number: t17900424-42

371. CHARLES PALMER was indicted for stealing, on the 25th of February , a silver laced hat, value 20 s. the property of Charles Floyer , Esq . and one great coat, value 10 s. the property of George Proctor .

JOSEPH STUBBS sworn.

I cannot swear to the prisoner. I opened the door of Charles Floyer , Esq. I am his servant: there was a knocking at his door some time in February; a person came for a pair of stays of the cook; I left him in the hall, and called one of the

servants on the stairs; during the time I was calling the servant, he went away, and I missed the things.

WILLIAM BALL sworn.

I am servant to Mr. Floyer: I remember Stubbs calling to the other servants; and there was a cocked laced hat, Mr. Floyer's property; and a great coat, the property of Mr. Proctor, who was on a visit to Mr. Floyer; I had seen them about an hour before that, hanging in the hall, the coat on a chair, the hat on a nail.

GEORGE ZEAL sworn.

I am an officer belonging to Litchfield-street: I went and got a description of the prisoner, and apprehended him; I went to the lodgings where he was in bed with a girl, and found a duplicate of a great coat, pawned the 24th, and this hat under the bed; he said the hat was his.

(The hat deposed to.)

THOMAS JONES sworn.

I am a pawn-broker: I know the prisoner; he pawned a great coat with me the 24th of February, about eight in the evening; I asked him some questions, as it was too large for him; he said it was his brother's, and he lent it him.

(The great coat deposed to by Mr. Proctor.)

PRISONER's DEFENCE.

The hat I have no knowledge of; but the Monday before I was in custody, I bought the coat of a Jew; I gave nineteen shillings for it; I pawned it again for fifteen shillings; the same evening I met with a woman of the town, and went with her to her apartments, and staid that evening; in the morning the officers came to this woman's apartments, and took me.

Court to Zeal. What day was you informed of this? - I heard it at a public house.

Stubbs. I saw the prisoner the day following.

The prisoner called two witnesses to his character.

GUILTY .

Transported for seven years .

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

Reference Number: t17900424-43

372. THOMAS SMITH was indicted for stealing, on the 25th of March , four pounds weight of pewter, value 18 d. the property of John Townson and Thomas Crompton .

EDWARD LOCKWOOD sworn.

I know the prisoner; I am overseer of the business of John Townson and Thomas Compton , pewterer s.

RICHARD LISTER sworn.

I know the prisoner. On the 25th of March, I was concealed between the cieling and the roof of the prosecutor's melting house, to watch who came to take away their property: I saw the prisoner take a piece of metal pewter, about four pounds weight, and put it into his pocket; it was about a quarter past seven in the evening; he went away, and staid in the house about half an hour; there was a candle left in the work-house, to light the prisoner and another; the prisoner was a day labourer , employed in the manufactory: the foreman desired me to watch; he was put into that place to light a fire; the value of the four pounds is about eighteen-pence.

THOMAS HANDY sworn.

I know nothing concerning the robbery. I saw the metal in the place a week before it was missed, but not after.

PRISONER's DEFENCE.

On Saturday night I was paid my wages; about ten minutes after, my mistress called me to take down her lanthorn to clean, which I did: these witnesses were following a man out that had got the bar; one of

them said, Thomas, you may as well come in with us; when I went in, I saw the property taken from that man, Thomas Powhill , who was tried to day for stealing some bars; they searched me; and I had no metal in my pocket; and they let me out after the boy said I had taken it.

Court to Lister. Did he continue in your master's employment afterwards? - Yes.

NOT GUILTY .

Tried by the second Middlesex Jury before Lord KENYON.

Reference Number: t17900424-44

373. JOHN SENIOR was indicted for stealing, on the 18th of March , two pieces of glass, called crown glass, value 3 s. 9 d. the property of Elizabeth Burgess , widow .

HENRY BUCKMASTER sworn.

I am a shoe-maker: I rent part of Mr. Burgess's house, No. 4, Little Friday-street . About eight in the morning, the prisoner went into the house; I was at work; he came out in a few minutes with two pieces of glass; I followed him, and brought him back; he said he had a family, and would I let him go; the prosecutrix came down, and the prisoner was secured.

THOMAS LOVELL sworn.

I am the constable: I had these two pieces of glass from Mr. Burgess.

(Deposed to.)

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. Justice HEATH.

Reference Number: t17900424-45

374. MARY DAVIS and HANNAH WYNNE were indicted for stealing, on the 24th of March , six yards and a half of silk ribbon, value 2 s. four yards and a half of other silk ribbon, value 5 s. the property of Edward Collier and Thomas Hammond .

EDWARD COLLIER sworn.

I am in partnership with Mr. Thomas Hammond : I keep a haberdasher's shop at Holborn-bridge ; I saw the prisoners in the shop; and my servant called me; another of the servants brought the prisoners back I saw the ribbon fall from the clothes of a child that was in the arms of Hannah Wynne .

- TURNER sworn.

I am shopman to the prosecutors. I remember the prisoners coming several times before; and on the evening before, they bought two yards of ribbon, at ten-pence a yard; they had three yards at two-pence a yard, for a cockade, and a yard of black ribbon at four-pence; and the next day they came for the cockade; and I saw her take two pieces of ribbon in her hand, and convey one piece into the skirt of the child's frock: the other, Davis, bought a yard and a half at seven-pence a yard, and paid me; and they went out of the shop; I followed them out, and said they had something they should not; they said, what; I brought them back; and Wynne turned out her pockets, and desired me to search her; I said I was not proper to search her; and I called up the maid; then she searched the child in my presence; and I saw a piece of ribbon drop from the child; I picked it up.

ANN SOUTHALL sworn.

I am servant to the prosecutors; I searched the prisoners, and found on Davis some black ribbon; she brought it out of her pocket with some more things, and said it was her own property: I found nothing on Wynne: I searched the child, and at the back of its frock or robe, I felt something; and a piece of light coloured figured ribbon fell down.

SAMUEL SINGLETON sworn.

I produce the ribbons given me by Mr. Collier; I have had them ever since.

Turner. I cannot swear to the black ribbon; I can swear to the other.

Prisoner Davis. The black ribbon is my own property.

Prisoner Wynne. I have witnesses to my character.

The prisoner Wynne called two witnesses to her character.

MARY DAVIS , NOT GUILTY .

HANNAH WYNNE , GUILTY ,

Transported for seven years .

Tried by the London Jury before Mr. Justice HEATH.

Reference Number: t17900424-46

375. WILLIAM REEVES was indicted for stealing, on the 3d of March , one prince's metal candlestick, value 4 s. the property of Joseph Rose the elder , and Joseph Rose the younger .

JAMES PAYNE sworn.

I am an assistant to the prosecutors; they are ironmongers and braziers , and partners, the corner of Foster-lane, No. 17 . On March the 3d, at half past seven in the evening, I was standing at the compting-house desk; the door was opened very gently: I saw a man come in; I asked him what he wanted? he made no answer, but took a prince's metal candlestick; I pursued him; he threw away the candlestick; I never lost sight of him; he was taken.

WILLIAM CLARKE sworn.

I am a constable: Mr. Payne gave me this candlestick; I have kept it ever since.

(Deposed to:)

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. Justice HEATH.

Reference Number: t17900424-47

376. JOHN HALL was indicted for stealing, on the 22d of March , one shirt, value 3 s. a pair of cotton stockings, value 3 s. a pair of leather shoes, value 2 s. 6 d. a muslin neckcloth, value 2 s. a linen handkerchief, value 18 d. a pair of leather boots, value 3 s. 6 d. the property of William Vickery .

WILLIAM VICKERY sworn.

I lost the things in the indictment. I drive the Dover diligence ; the things were in the seat; I put them there; they are my own property; they are here; I saw them about half an hour before I lost them, which was about half after seven at night; I could not get up the gateway: I saw the prisoner there; I knew him; he was a watchman in the yard; I told him to mind the diligence and horses; when I came back, he was gone, and my things; I saw the things afterwards at the pawnbroker's.

WILLIAM TRINKER sworn.

I am a pawn-broker. I produce the things; they were left with me by a man, in pledge for five shillings; I gave him a ticket: I have no recollection of the man.

EDWARD JOHNSON sworn.

I am a coachman, in Plow-yard, Shoreditch. The prisoner brought a pair of boots into our yard for sale, and I bought them; I gave them to the prosecutor; I gave the prisoner one shilling and six-pence for them.

(The boots produced by Walter Smith , the constable, and deposed to.)

Prosecutor. I saw Smith take possession of the boots.

PRISONER's DEFENCE.

He asked me to stand by his horses; he knew me; then he told me to take out the bundles belonging to him; the boots were with the bundle, which I left with that man for one shilling.

GUILTY of stealing the boots.

Transported for seven years .

Tried by the London Jury before Mr. Justice HEATH.

Reference Number: t17900424-48

377. ISAAC SMITH was indicted for stealing, on the 2d of March last, nine pounds weight of thread, value 20 s. the property of Michael Heathcote .

JOHN MITCHELL sworn.

I am shopman to Mr. Heathcote; he is a wholesale haberdasher , in Milk-street : I was in the counting-house: I saw the prisoner go from the door with something under his arm; I followed him; he saw me, and threw down the bundle; I went after him: he turned round, and damned me, and told me not to follow him, if I did he would mark me.

Mr. Knapp, Prisoner's Counsel. What time was this? - It was about half past six.

It was dark? - It was duskish.

The person you saw go out of the shop might be a different person from the person you overtook? - I saw his face when he turned round upon me.

You did not see his face in the shop? - No.

Court. He was never out of sight? - No.

JOHN HILL sworn.

I produce this bundle; I have had it ever since.

(Deposed to.)

Mitchell. A person picked it up; I did not see him, but I saw it in the water; it is the same thread; I do not know who the person was.

Court. When you came back was it in the same place? - No; it was laid on the counter, by the door.

Mr. Garrow. You cannot be sure it is the same? - No; but I believe it to be the same.

You never saw his face once? - I saw the prisoner go from the door.

Prisoner. My witnesses are not come from the country.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. Justice HEATH.

Reference Number: t17900424-49

378. SAMUEL ISAACS was indicted for stealing, on the 18th of March , two mens hats, value 4 s. the property of Cornwall Smalley .

JOHN SMITH sworn.

I missed two hats; one was my master's, which I wear, the other was Symons's, the other servant; they were hanging in the hall; I saw them half an hour before; I saw the prisoner running down the street with them, and took him.

Prisoner. Before the lord mayor he said he did not know me before? - I told the same story before the lord mayor.

WILLIAM LILLIE sworn.

I was standing at the opposite door, and saw the prisoner and another man go backwards and forwards by Mr. Smalley's house; and I saw the other man point to the prisoner; and the prisoner went in; and I saw him come out with two hats in his hand: I went over the way, and informed the servant.

PRISONER's DEFENCE.

I met a servant that said he had two hats to sell; I deal in old clothes.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. Justice HEATH.

Reference Number: t17900424-50

379. JOHN DAVIS the elder, JOHN DAVIS the younger, and RICHARD HARRISON , were indicted for feloniously stealing, on the 22d day of March , one flag stone, value 1 s. the property of the mayor, comonalty, and citizens of the City of London .

RICHARD DORRELL sworn.

I am one of the inspectors of pavements for the city. I was new paving the footway in Holborn , with new moor-stone

paving; and the old stone, which is flagstone, was taken up: I missed a great deal of the old paving, to the amount of two or three hundred feet: I applied to the prisoners whom I knew very well: Harrison is the mason : the boy prisoner is son to the prisoner Davis; they could give me no account of it: as workmen employed by Mr. Burnell, I expected an account; I know nothing of stealing the stone; but being inspector. I am a constable; and I took them into custody on Saturday evening, at pay table; they were the only persons employed at that work.

WILLIAM PIGNELL sworn.

I am foreman to Mr. Burnell, mason to the corporation. About five in the afternoon, on Saturday, the 20th of March, Mr. Burnell went out of town: I went round the work, and the men were absent; I went to Holborn, and returned, and the men were come to their work: I went home, and sent my master's son, Thomas Burnell , junior, down to watch them.

JOHN GOODWIN sworn.

I am a carpenter. On Saturday morning, between eight and nine, going down Holborn, I saw Harrison at work; and as I came back, I asked him where I could buy any old stone? he asked me what I would give a foot for them? I told him I did not know the worth of them; he said if I would give him three-pence a foot, he could help me to some; I said, bring them to the Welch Harp; I never saw any delivered.

JOHN BURNELL , junior, sworn.

Being sent by the foreman on Saturday afternoon, when my father was gone out of town; I went to Holborn about five; I stood on the opposite side of the way; and in about five minutes, I saw John Davis the younger, loitering about with his knot: presently I saw Harrison, and Davis the elder, measure a stone, and put it on the boy's knot; when the stone was on his knot, he crossed over; I followed him as far as Castle-court, Fulwood's-rents; there I saw him put the stone down; I took notice of the stone, and came back and informed the foreman; he looked at it in my presence; there were likewise three more old stones; but we could not tell whether they belonged to us or not.

What becomes usually of these old stones? - They are taken to the mason's yard.

What might be the value of that stone? - About one shilling.

Prisoner Davis. Did that stone belong to them? - It did belong to them; I saw them take it off the ground, and put it on the boy's knot.

Were there any stones there to your knowledge, that were not taken from the pavement? - None had any business there.

JOHN BURNELL , the elder, sworn.

I am workman to the common sewers and pavements in that department.

When the pavement is taken up, to whom do you deliver the stones? - They carry them directly the place they are intended for, otherwise they take them to the yard, till a proper place is assigned for them.

These stones are found at the expence of that commission? - They provide the new ones, and have the old ones.

Court. They are not provided by the city of London, but by the commissioners under the act of parliament? - Yes.

Court. Then there is an end of it.

Court. Was there any stone there that did not belong to the city? - No.

HARRISON's DEFENCE.

This man came past, and asked me if I had some stones, and I said I had some at home; and I sent Davis's son to fetch them.

DAVIS, the elder's, DEFENCE.

I know nothing of it: the man never said any thing to me.

DAVIS, the younger's, DEFENCE.

About ten o'clock I was on Holborn-hill;

and Harrison said had I a mind to earn a shilling; and I went to fetch a stone for him; and I brought it to Holborn-hill; and my father said, take it away, my master will be here presently.

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

Davis, junior, called two witnesses who gave him a good character.

Davis, senior, called one witness who gave him a good character.

Jury to Burnell, junior. Was it a loose stone? - I saw Harrison take the hammer, and knock it up, and put it upon the boy's knot.

At the time he took it, was it fixed as part of the pavement? - It must be, certainly.

Court. This case does not come within the statute; the stone was part of the freehold.

JOHN DAVIS , senior JOHN DAVIS , junior RICHARD HARRISON

ACQUITTED .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17900424-51

380. JOHN GAPP was indicted for feloniously stealing, on the 3d day of March last, one cotton handkerchief, value 1 s. the property of John Callender .

JOHN CALLENDER sworn.

On the 3d of March, I was going from Bishopsgate to Guild-hall. At the end of the South-sea-house, Threadneedle-street , a man jogged me on the left arm; at the same time I felt a pull at my right hand pocket; the prisoner was pulling my handkerchief out; I seized him directly; I saw the end of it come out of my pocket; I said he had got my handkerchief; he said he had not; I took it from his right hand; he got away from me, and ran about thirty yards; I called stop thief! some people standing in Bishopsgate-street, held up their hands, and he slackened his pace; and I collared him again, and took him to the Compter: the man who jogged me, I believe to be an accomplice, for I called to him to assist me, and he would not; and when I had taken him, the other went away in the crowd.

FRANCIS BAILEY sworn.

I received the handkerchief from the prosecutor.

(Produced.)

Prosecutor. This is mine, I am sure.

PRISONER's DEFENCE.

I was coming along Thread-needle-street, and the handkerchief fell out of his pocket; and he said I took it; and he said he could not hang me, but transport me he would.

The prisoner called two witnesses to his character.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17900424-52

381. ROBERT ROBERTS was indicted for feloniously stealing, on the 6th day of April last, twelve pounds weight of thread , the property of Mess. Hodson, Hayter, and Cook .

- PARR sworn.

I am servant to Hodson and Co. On the 6th of April, in the afternoon, I saw twelve pounds of thread taken out of the warehouse; I pursued, and saw the prisoner throw it away in a passage, two doors below our house.

Did you lose sight of him? - I only saw his arm when he took it; he was out of my sight; when he dropped it, I was about eight yards off, I believe; I did not lose sight of him afterwards; I did not see his face.

Are you sure of him? - I can swear that

to be the boy ; he was about five doors off when I took him.

(Produces the thread.)

Do you know that to be this thread? - Yes; I opened it myself: I gave it to the constable.

THOMAS LOVELL sworn.

I received the thread from the last witness; I have had it ever since.

Mr. COOK sworn.

I believe it to be mine; I cannot swear to it; I had some parcels of this sort; it is in the state it came from Scotland; there was a vacancy where this parcel was taken out.

PRISONER's DEFENCE.

I was going down Friday-street, and that gentleman came and took me, and said I had stolen it.

The prisoner called two witnesses to his character.

GUILTY .

Imprisoned six months .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17900424-53

382. FRANCES KELL was indicted for feloniously stealing, on the 24th of February last, three yards of thread lace, value 9 s. one yard and a half of linen cloth, value 18 d. a pair of gloves, value 8 d. one yard of ribbon, value 4 d. the property of Joseph Cutting .

(The case opened by Mr. Garrow.)

ELIZABETH CUTTING sworn.

The prisoner was my servant between a fortnight and three weeks. I missed several things before she had been there ten days: on the 24th of February, I missed two pieces of lace; it was on the table in the room where I generally set; she was going to take it away; and I desired her not; in the evening I went to a drawer where I had put it; there was two pieces, two yards and a half each; I missed three yards out of the five; I rang the bell; she came up; I asked if she had seen the lace; I told her there was some cut off; she said she knew nothing of it; I told her she did; I desired her to go down stairs; and when the other servant came, I told the prisoner I should insist on searching her box? she said I should not; she was going up; I said she should not go up stairs till her master came home: I sent the other servant for Mr. Cutting; while she was gone, I went to look at some work I had, to see if that was safe; and she went up stairs; and she was up stairs when Mr. Cutting came home; I went up stairs, and searched her box; and she behaved very insolent; I found nothing then; I went up again in about ten minutes, and searched the room, and could not find it there; I opened a window, and saw some cloth lying, and the lace rolled up in a piece of paper, the quantity I had lost; I compared them with the lace I had left; I am sure it is mine; she said she knew nothing of them; she saw them taken out of the gutter; two days after, her box was searched again, and a pair of gloves was found, and a piece of ribbon; I asked her how she came by them? she said I had given her them; I said I had not; she behaved very insolent.

Prisoner. There is another maid sleeps with me.

Mrs. Cutting. There is not; she does not sleep on the same floor.

MARGARET ALLEN sworn.

I am servant to Mr. Cutting. I heard my mistress say she would search the prisoner's box; and she objected to it; the prisoner was going up stairs, and my mistress would not let her: my mistress sent me for my master; and while I was gone, he came home; I went down stairs; the prisoner was there; and she said she was going up stairs to turn the bed down; she came down again, and said d - n them, they could not hurt her; they were not found

in her box; after the things were found, I went to call the watch; she went up stairs, and said to my master, well, as I have done it, I hope you will forgive me: I had seen the lace in my mistress's hands several times.

- DOWNES sworn.

I am a constable. I went to search the prisoner's box; the prisoner produced the key; I found the gloves and ribbon; I have the other things.

(Produced.)

Mrs. Cutting. The linen corresponds with the piece I cut it off from; the lace likewise corresponds; I have no doubt they are mine; the gloves are mine, and the ribbon is mine; it was cut in a particular manner.

Jury. Did you ever give her any thing? - I gave her a cap and a pair of stockings, nothing else.

PRISONER's DEFENCE.

May it please your lordship, and you, gentlemen of the jury. I am under the necessity of troubling the Court with a written defence, not being capable of telling my story otherwise, to be so well understood. I lived as servant with the prosecutor at the time of the pretended felony being committed. I happened, accidentally, one day, to scald a favourite dog of the prosecutor's, and was most severely reprimanded by him and his wife for so doing: about three or four days afterwards, between ten and eleven o'clock at night, my mistress called me out of the kitchen, and asked me if I knew of a piece of edging which was on a card? which I denied, not knowing any thing of it; but she insisted that I had taken it, and at that time of night sent for a watchman, and gave charge of me, and I was taken to the watch-house. There not being any alderman sitting next day, I was taken to Wood-street Compter, where I remained two nights before I had a hearing. I was at length taken before an alderman; and the prosecutor attended, and made a charge against me, of having stolen two bits of edging; this charge he had ready framed in writing, prepared for the purpose, which was sworn by his wife; and the alderman, thereupon, thought himself bound to commit me: this was during the last session. The prosecutor desired I might be committed to take my trial this session, but the alderman refused, saying there was plenty of time at the then sessions: the prosecutor, however, did not think proper to prefer a bill of indictment that sessions; but on the last day of it, when I was brought up to be discharged by proclamation, he attended with an affidavit; and I was thereupon remanded; so that I have now been upwards of two months in confinement. I must solemnly declare my innocence of the charge, and beg leave to suggest that the present prosecution originated in my having (unfortunately for me) scalded the dog before mentioned; and if the prosecutor is asked, I trust it will appear that he has repeatedly declared, in the presence of Mr. Wade of Fleet-street, and Mr. Hodgson, and Mr. Evans, both attornies, in Clifford's-inn, that if I had not scalded his dog's back, he never should have thought of prosecuting me; and that it was more to punish me on that account, than for the supposed theft. These gentlemen I have procured a friend to subpoena, to prove this fact. When before the alderman, the prosecutor stated that he expected to find more of his property in my box; in consequence of which, he had an order granted him to search it, where he found nothing but an exceeding old pair of leather gloves, which were given me by my mistress to scour in. I never was charged with a crime of the sort before, and have always preserved a good character.

Mr. Garrow to Downes. Did you go by order of the magistrate? - Yes.

Court to Mr. Cutting. Did you go into that room? - Not before the lace was found: when Mrs. Cutting and the prisoner were there, I was there.

You did not put the lace in the box? - No.

JOSEPH MORING sworn.

I have known the prisoner ten years. Some time in February I was informed she was in custody: I went to Mr. Cutting to enquire what she was accused of; when I went there, they told me a long detail about scalding a dog; I said I presumed that was not the charge? they said, no, it was a theft: that she had stole some lace; I said I thought they had not behaved well, to take her to the watch-house at that unseasonable hour, but take her away to a justice, and investigate it.

N. B. The witness told a long story in order to confirm the defence. The Court stopped him.

Mr. Garrow. The prisoner was a witness to several instruments of yours; and if she was convicted, she would be no witness? - Yes. The master said if he had not detected her in the barbarity of scalding a dog, he would not have prosecuted her.

The witness also gave the prisoner a good character.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17900424-54

383. CATHERINE WIGMORE , ELIZABETH LYON , and MICHAEL BROWN , were indicted for feloniously stealing, on the 18th of March last, one watch, the inside case made of silver, gilt with gold, and the outside case made of gold, value 7 l. one trinket, value 1 d. a key, value 1 d. a striped gown, value 10 s. 6 d. a silk cloak, value 7 s. and one linen apron, value 2 s. 6 d. the property of Francis Rowles , in his dwelling house .

FRANCIS ROWLES sworn.

I live in Tower-street , near the Tower. I only come to prove my property.

CATHERINE HANAGAN sworn.

The prisoners Lyon and Browne lodge at my house. Wigmore came to the door, and said, have you got a lodging? some time in March; I said she had a lodging, and did not want one; she lodged in the neighbourhood; she said if she had no lodging, would I give her one? I said, yes; Lyon came and spoke to her; and Brown came; and I went for some liquor: a person of the name of Armsby, who lodges in my house, said it is almost seven o'clock: Wigmore pulled a watch out, and said it was seven; I believe it was a gold one: I went out of some errands, and when I came back, Wigmore said she had lost her watch; I asked Armsby what was become of it? she said she did not know? and Lyon said, do not be afraid, mother Hanagan, here it is; and gave it me; and I went and asked advice about it: Brown and Lyon said it was stolen; I wanted to find the owner; and I went to some neighbours, and they told me where to find the owner; I did not part with it, till I found Mr. Rowles, the owner.

ANN ARMSBY sworn.

I was sitting by the fire-side when Wigmore came and asked for a lodging.

This witness confirmed the last respecting the watch.

JOSEPH WEST sworn.

I apprehended Wigmore and Brown, and found nothing upon them.

Mr. Rowles. I have the watch; it was sealed up by the justice; I have had it ever since; I am sure it is my wife's watch.

Who can prove how this came to the justice's? - A pawn-broker who lives at the Minories; he is in the country.

Court to Hanagan. Can you swear that is the watch Wigmore pulled out of her breast? - I do not know; I cannot tell; I am no scholar.

ALL ACQUITTED .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17900424-55

384. JOHN JOHNSON was indicted for feloniously stealing, on the 26th of March last, two feet and an half of leaden pipe, with a brass cock and copper water-ball, value 2 s. the property of William Cotton ; and fixed to his dwelling-house .

ACQUITTED .

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

Reference Number: t17900424-56

385. EDWARD CLEMENTS and JOHN WATKINS were indicted for stealing, on the 22d of March last, a plane, value 1 s. another plane, value 1 s. a bowling plane, value 6 d. the property of William Hitchins ; one other plane, value 10 d. the property of Thomas Davis ; and a double smoothing plane, value 12 d. the property of John Welch .

Swainey Keene , a carpenter, stopped the prisoners with the tools upon them, at the end of Swinton-street, Gray's-inn-lane, between two and three in the afternoon: the prisoner Clements had some wrapped up; and Watkins had the rest loose under his arm; and the prisoners ran away; he pursued them, and saw Clements throw down an apron with the tools, and saw Watkins throw the others away. The tools were deposed to by the various owners.

The prisoner Clements called one witness to his character.

BOTH GUILTY .

Transported for seven years .

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

Reference Number: t17900424-57

386. JOHN MARSH , SAMUEL HUNT and MARGARET KILBY were indicted for feloniously breaking and entering the dwelling-house of John Morley , about six in the afternoon, on the 8th of April , no person being therein, and feloniously stealing five cloth coats, value 6 l. a waistcoat, value 5 s. two pair of cloth breeches, value 20 s. and divers other things, value 9 l. 11 s. and 6 d. his property .

JOHN MORLEY sworn.

My house was broke open; nobody was in it.

ANN MORLEY sworn.

I am wife of the prosecutor; he is clerk to a merchant ; we live in Prince's-row, Stepney . I left the house the last person, with my child; no person was therein; it was about a quarter after three in the afternoon, last Thursday week: I double locked my door, and I fastened my windows down: on my return, I found the sash-window was broke, and the window up about an inch, and the fastening broke; I observed my lock was on the single lock, when I went out; I looked in a closet by the fire-side, and I missed four tea-spoons, and a breakfast napkin; I went up stairs, and observed a large deal box that was behind the door, drawn out in the middle of the room, with a drawer upon it; and one muslinet gown and coat, and one callico lawn gown, with long sleeves; I then opened my husband's chest, where his clothes were, and I perceived it empty; there were five cloth coats, a sattin waistcoat and breeches, a pair of black sattinet breeches, a pair of new blue cloth breeches, a pair of corderoy breeches, a pair of leather breeches, a pair of black cloth breeches, and several waistcoats; I saw the things on Monday morning, about twelve o'clock; I lost several other things; I have seen some of the property; there were some sheets: I saw the prisoner John Marsh opposite to my house when I went out: opposite my house is a blank wall; and I saw him turn very quick; and I knew him when I saw him at the office; he was by himself.

ANN SANTER sworn.

I live next door but one to the prosecutor. I heard three or four knocks at his door, and I went to my own door, and saw John Marsh at the door; I took particular notice

of him; he was but a few yards distance; he crossed the way, and came to me, and asked for one Mrs. Jones; he said it must be in that row or the next; I went out, and saw him at the end of the street, talking to Hunt; he held something to him, which he took out of his pocket; I do not know what it was; I know them both very well.

Mr. Blankthorn deposed, that he knew the woman prisoner, saw her last Thursday week with a bundle, which appeared to be the prosecutor's property; she said they were her things, going to the washerwoman.

Ann Ruddle deposed, that the woman prisoner brought a bundle to her house.

John Armstrong produced the things.

ALL THREE, NOT GUILTY .

Court to Prisoners. You have had a proper acquittal: I hope it will be a warning to you: it is impossible to acquit you of all imputation of guilt.

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

Reference Number: t17900424-58

387. JOHN DANIELS was indicted for feloniously assaulting John Flood on the king's highway, on the 22d of March last, and putting him in fear, and taking from his person, and against his will, two shillings and six-pence in monies numbered, and sixty-four copper halfpence, his property .

(The witnesses examined separate.)

JOHN FLOOD sworn.

I drive a barrow in the street, selling oranges, or any thing . I was robbed coming on the New Road, by Ratcliffe-highway , on Monday, the 22d of March, a quarter before seven at night; it was in the Spice Islands: as I was going home with my wheel-barrow to Spitalfields, the prisoner and two more came up to me, and asked me for money; the prisoner had a fustian frock on; he asked me for what I had; two were short, and the prisoner tall; they came together; I refused giving them my money; and I received a blow at the back of my head, from the prisoner; I recovered myself, and the shortest one gave me a blow across my head; I lost a pint of blood; I gave them two shillings and sixpence in silver, and two shillings and eight-pence in halfpence, to save my life; they went away directly: there was a public house in the high road; I cannot tell me sign; it is a new public house; there is no watch nor light there; it was a fine evening, betwixt day-light and dark; there was neither sun, moon, nor stars: I have seen the prisoner before in East Smithfield, and in Rosemary-lane, but never spoke to him; he had a round hat on; he was with me about ten minutes; I am sure he is the man; I saw him at the justice's for another offence, the day before yesterday; one of the runners pointed him out to me and I knew him directly; I know nothing of any reward.

Court. Did you go into the pubic house after you was robbed? - No, I went home.

The prisoner called three witnesses who gave him a good character; and another witness, who deposed that the prosecutor said that he was the person that had robbed him.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17900424-59

388. THOMAS WILLIAMSON was indicted for stealing a leaden pipe with a brass cock, value 5 s. the property of Margaret Chapman .

The prisoner was found with the property upon him.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17900424-60

380. MARY DICKINSON and MARY WRIGHT were indicted for feloniously stealing, on the 3d of March , one callimanco petticoat, value 10 s. the property of John Jones .

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17900424-61

390. ANN BLYTH was indicted for stealing, on the 11th of April , two silk gowns, value 20 s. two silk petticoats, value 12 s one linen gown, value 10 s. two shifts, value 4 s. one silk cloak, value 2 l. one muslin apron, value 2 s. one linen and one laced apron, value 6 s. two gold mourning rings, value 20 s. one silver table spoon, value 6 s. one silk handkerchief, value 12 d. the property of Elizabeth Fearnsworth .

ELIZABETH FEARNSWORTH sworn.

I live at No. 2, Lant-street, Borough . I was robbed last Sunday morning; I was in bed: the prisoner was my servant and companion , and had been with me seven weeks, last Friday: I called Mrs. Blyth, Mrs. Blyth, and knocked against the wainscot; nobody answered; I missed her clothes, for she slept with me; I missed my best cloak, and things from the drawer: I called Mrs. Sutton down; I took a tea-board which was on my box, and removed it; and my things were found on her; she went out about ten minutes after eight: I desired Mrs. Sutton to call on my son; he went after her; I never saw her till now; I have recovered a good many of my things; all the things in the indictment were in my house immediately before; I have known her before, and thought she was an honest woman.

PETER MAYNE sworn.

I am a constable. This lady's son came to me, and gave me information: I went with him in a coach to Peter-street, Westminster, and then to Peter-street, Soho; and up stairs, in the house of one Lloyd, I apprehended the prisoner; I got there about eight, last Thursday night; I found her there, up one pair of stairs, and upon searching a chest which she claimed, I found these pair of stays, and these things; she gave me the key of the chest; on searching her pockets, she dropped this box on the floor, which contained this gold ring; in her right hand pocket I found another gold ring, which is here; and in the chest, I found this spoon; she was committed.

Prosecutrix. One is my sister's and the other my husband's, which I had in my box; here is their names in them; these things are all mine, and many more that she has pawned.

PRISONER's DEFENCE.

Three weeks ago last Friday, Mrs. Fearnsworth brought this little box to me; and she said I had four rings in this, and two I gave away, because my son's wife shall never enjoy them; I give you these two rings; so on Sunday night, when we went to bed, she said she would give me all the rest of the things, that her son's wife might not wear them after she was dead; the silver spoon is my own; I have had it these many years.

GUILTY .

Transported for seven years .

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

Reference Number: t17900424-62

391. WILLIAM STOCKBRIDGE was indicted for stealing, on the 1st of March , one watch, with a metal case, value 30 s. the property of Thomas Reeve , privately from his person .

THOMAS REEVE sworn.

On the 1st of March, I was going into the Temple. As I went along the Strand , about one o'clock, when I came to the corner of Milford-lane, there was a mob that seemed to press down; I stood still,

in order to let the mob go down; when the prisoner came and stood by the side of me, there were some before me about two yards, and some behind me about one yard and a half; and I felt my watch slip out of my pocket; and the prisoner immediately ran away into the middle of the mob, with his right hand held up, and closed; I immediately pursued him into the mob, and caught hold of him, and said give me that watch; he replied, what? Sir; I was immediately forced away by the mob, and obliged to quit my hold; they made way for him, and he ran up the Strand; I was prevented from following him; then I staid to get him by the carriage-way, but some of them pushed me under a horse; I never got my watch; I saw him standing about ten minutes; I got assistance, and came up with him in Essex-street; there was a gang of thirty, whom I believe to be his companions; then he put himself into a posture of defence; and said, now, damn you, what will you do? he was secured.

This was at mid-day, one o'clock? - Yes, noon-day.

At the time you lost your watch, did you see any motion in him? - I was looking to see him, and he ran away, as I felt my watch slip out of my pocket.

Did you see him move his hand?

Prisoner. I have good people to my character; and I have a good shop in Lombard-court.

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

GUILTY of stealing, not privately .

Transported for seven years .

Tried by the first Middlesex Jury before Lord KENYON.

Reference Number: t17900424-63

392. MARY CARTER was indicted for stealing, on the 1st of April , one silver watch, value 20 s. one steel watch chain, and one silver seal, value 3 s. the property of John Hunt .

JOHN HUNT sworn.

I am a labourer ; am a single man. I was going home the 1st day of April, and I met this young woman in Holborn; I had been in the city, to see a young man that came in one of the coaches.

Do you mean to swear you was quite sober? - Quite sober. I met this young woman; she asked me to go home with her to her room in Parker's-lane ; I went, and she put the candle out; I was not undressed; she took the watch out of my pocket, and ran down stairs; it was a silver watch, a silver seal, and a steel chain; I called the watch, but could not find her; the next evening I met her in the street; I asked her to drink, till I got an officer to take her; she said, no, without it was a glass at the bar; while I went for an officer, she ran out; one of her companions (a man) knocked me down; the next day I saw her in the next house, and she was taken into custody; I am sure she is the woman; I never got my watch; she was not above five minutes in my company; it was a very moon-light morning; she had another gown on the second day, and the same on the third day.

CHARLES YOUNG sworn.

I attend the rotation-office in Litchfield-street. I apprehended the prisoner the second time; she was taken before Justice Walker, and discharged.

Prosecutor. She was carried before Justice Walker, and discharged; he said he could not do any thing in it; it was not a plain proof; I took her up again in an hour after.

Court. Had you laid with this young woman? - No.

Had you given her any money? - No.

PRISONER's DEFENCE.

On Good Friday I and another woman met this man; and the next day he came to my room, and took us to Justice Walker's;

first he said I robbed him, then he said she robbed him; we were discharged afterwards; he took me up again in about an hour after.

Court to Prosecutor. Was there another girl with her? - Yes, there was, when I met her in Holborn.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17900424-64

393. SAMUEL GILBERT , ELIZABETH GILBERT and ANN HUGHES , were indicted for burglariously and feloniously breaking and entering the dwelling house of Samuel Warrington , about the hour of three in the night, on the 20th of February , and burglariously stealing therein, one pair of silver shoe-buckles, value 10 s. one pair of small ditto, value 4 s. one silver table spoon, value 6 s. one silver tea spoon, value 2 s. one silver caudle cup, value 12 s. a pepper castor, value 3 s. a sleeve button, value 6 d. a damask table cloth, value 10 s. four shirts, value 10 s. two shawls, value 10 s. a silk handkerchief, value 2 s. two linen handkerchiefs, value 12 d. one muslin handkerchief, value 2 s. a pair of cotton stockings, value 2 s. a linen stock, value 2 s. a half handkerchief, value 12 d. nineteen yards of Irish linen cloth, value 40 s. one guinea and two French half crowns, value 4 s. 8 d. thirty-one shillings in monies, four hundred and eighty halfpence, and ninety-six farthings, and divers other things, value 24 s. his property .

(The witnesses examined separate.)

ANN OAK WARRINGTON sworn.

My husband is a baker , the corner of Poland-street, Oxford-street . Our house was broke open in February, after the family went to bed; our servant went to bed last; her name is Elizabeth Germaine ; the men were the first up; I went to bed about half past one; she came to bed about two; I saw the doors and windows all secure; we were called about eight in the morning; I saw the bolts were wrenched off the parlour windows; I lost the things in the indictment; some new Irish linen was found in the prisoner's apartment; I heard no noise in the night.

ELIZAETH GERMAINE sworn.

I was servant to Mr. Warrington, in February last; I went last to bed, and fastened all the doors and windows: I was down first in the morning, and found a little girl, a customer, in the shop; the bolts were off the parlour shutters; they were all fast when I went to bed; it was a sash window; the sash was fastened as well as the bolts; the sash could be put up; but the sash was down; I know some of the property that was lost; I saw it in the parlour the night before.

JOHN PATTEN sworn.

I am a patrol of St. James's parish. I met three men in Carnaby-street, whom I suspected: I passed my partners, and we agreed to follow them; they went into a house; nobody came out; we went on our duty round the other streets; at eleven the next day I went to St. James's watch-house; I heard the house was broke open; I acquainted the officers, that I could shew them the door of the house where I suspected three men; we all went in; I do not know the three men.

THOMAS DALTON sworn.

I am an officer of the Police in Litchfield-street. I went with Patten, on Sunday, the 21st of February, to a house in Carnaby-street; we searched the apartments of one Gilbert, that is not in custody, and found nothing.

Charles Young , George Jealous and Charles Jealous , searched the apartments of the prisoners, but found nothing that led to the robbery.

SAMUEL GILBERT , ELIZABETH GILBERT , ANN HUGHES ,

NOT GUILTY .

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

Reference Number: t17900424-65

394. THOMAS BUTLER was indicted for stealing, on the 5th of March , one rosin basket, value 12 d. three carpenter's squares, value 3 s. two planes, value 2 s. four iron chissels, value 12 d. a pair of pincers, and sundry other tools, value 1 s. the property of William Gee .

WILLIAM GEE sworn.

I am a carpenter : I lost the things in the indictment from Manchester-street , from the house of Mr. William Rendell , which was building; I was employed as a carpenter there; I last saw them there on the 4th of March, about twelve, upon the two pair of stairs floor; I did not see the prisoner take them; I saw them the next morning, at the watch-house; the constable shewed them me; they were mine.

WILLIAM GEORGE GEE sworn.

I am son of the last witness. At six at night, on the 4th of March, I left these tools in the building; I saw them the next morning at the watch-house; I knew them to be my father's.

LAWRENCE SIDDALL sworn.

I am a watchman: I took the prisoner on suspicion, at half past twelve, on the 5th of March, in Paddington-street, Mary-le-bone; he had these tools in a basket; I took him into custody: (the things deposed to:) he said he had his tools, and was a carpenter; and said so at the watch-house; but he could not tell the name of the tools.

Prosecutor. I can swear to this double iron jack plane; I pared the wedge down; I can swear to the rabbit plane, by the maker's name, and the corners knocked off; I know the three carpenter's squares; I made them myself.

William George Gee . I can swear to these two squares.

Court to Prosecutor. How far is the house where the things were, from Paddington-street? - About four hundred yards.

PRISONER's DEFENCE.

A man employed me to carry them to Paddington.

Court to Watchman. Did he ever tell you a man had given him these goods? - No; he said they were his own.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17900424-66

395. ISRAEL PHILLIPS and JANE TROTTER were indicted for stealing, on the 21st of March , seventeen yards of muslin, value 50 s. the property of Jacob Worthy , John Worthy , and William Hobson , privily in their shop .

JACOB WORTHY sworn.

I am a linen-draper and mercer . I was not at home when the prisoners first came in.

WILLIAM BIXLEY sworn.

I was shopman to the prosecutors at that time: on Wednesday, the 25th of March, about half past eleven, the prisoners came in, and asked to look at some Irish cloth, the same they had on the Tuesday before; they came together, and both asked for two yards of Irish cloth; accordingly I pulled down a piece, and cut them two yards of it; afterwards they asked to look at some muslins; they did not pay for the cloth; I put it on one side; there was another young man in the shop shewing the muslins; he is not here.

Court. Is he alive and well; that young man? - Yes; but he has nothing to do with this business; I shewed them the muslins; the young man was shewing muslins to another lady: they asked the price of the top piece of muslin? I told them five shillings and six-pence; the woman desired me to cut a yard; they came together, the same as man and wife; I knew nothing to the contrary; turning myself round I perceived the woman fumbling with her hands under her apron; the man prisoner asked her what she was

doing; she said, she was feeling for her handkerchief; Phillips asked her if she wanted any thing else? she said, yes; Phillips desired me to shew her some more; but I took no notice of what he said, but took the wrapper, and put it on one side, being of opinion she had stolen some: I sent for my master; I immediately came back to the linen shop, where I left the prisoners, and found Trotter was gone; I had still stronger suspicions that she had stolen something; and I enquired of Phillips, who was in the shop, where she was gone? he said, he knew nothing about her, the prosecutor and I pursued her; we took her in Bowyer's court, a very small distance from our house; we brought her back, and found the property upon her, which is here; it has been in my custody ever since; it is the property of Jacob Worthy , John Worthy , and William Hudson ; I know it by their private marks, O. R. it is my own writing; there is seventeen yards of it; it is muslin; it cost fifty shillings; it was under her cloak; I saw Mr. Worthy take it from under her cloak, after she was brought back to the silk shop: this piece was in the same wrapper with that I cut the yard from.

When you saw her hand under her apron was she stooping? - Rather so; I was behind the counter; the wrapper was on one side of me; the movement of her hands was the first thing that induced me to think she had taken something: the prisoners were taken before a magistrate, and committed: they conversed together as man and wife; he purchased a gown for her at our shop, which she had on.

CHARLES YOUNG sworn.

I took the prisoners into custody.

GEORGE ZEAL sworn.

I took the prisoners into custody.

Jacob Worthy . As soon as I returned my man told me his suspicion of the man and woman; I told him to look sharp after them, and I followed him into the linen shop; then the woman was off; I and my man went after her, and brought her back; she had the two muslins, one on each side of her; and she said, there are your muslins, and it is my first offence. The property is mine; it has my private marks on.

Prisoner Trotter. He promised to favour me if I would confess.

Court to Prosecutor. Did you or not promise to shew her any favour? - I did not.

Prisoner Phillips. I am innocent of the affair.

PRISONER TROTTER's DEFENCE.

To the Right Honourable Lord Judge. I take leave, my Lord, being brought before you to be tried for what I am innocent of: I hope I shall not offend you, or any of the gentlemen of this Court, in producing this, my defence, in declaring myself Not Guilty. I am brought before you for stealing some muslin that I had given me, as a present; I hereby declare myself innocent of knowing it to be stolen; therefore, as I am a stranger, poor and distressed, having no one to plead my cause, but God, I leave myself to your Lordship, flattering myself I shall have some mercy shewn me by the Court, which is all the humble desire of the prisoner at the bar, Jane Trotter . This man, Phillips, hired me as a servant, in Bristol, and asked me one day to go and take a walk, and asked me to have a present of some wearing apparel; he had promised me a muslin gown; he took me into this shop, and he handed me that gentleman's property; and as he was handing it to me it fell down, and I picked it up; I did not put it any ways out of sight, but put it under my arm, till I got out of the shop, and some way down the street; I did not know this man was a thief; when he gave it me he told me to go forward, and he would overtake me.

Court to Bixley. Did any thing of this kind happen? - Not in the least.

And the account you have given in is the truth? - It is; he might do it when my back was turned.

Did you hear him tell her to go out, and he would follow her? - I heard him say that; but he bought only one yard.

ISRAEL PHILLIPS, aged 73 JANE TROTTER , aged 32

GUILTY,

Of stealing, but not privately .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Prisoner Trotter to Bixley. You have swallowed a bitter pill, and if it does not digest this time, it will digest at another time you may depend upon it.

Reference Number: t17900424-67

396. JOSEPH THOMPSON was indicted for stealing, on the 2d day of March last, five ounces of raw silk, value 10 s. the property of George Ashton and Beverley Westwood .

GEORGE ASHTON sworn.

I am partner with Beverley Westwood ; we are dyer s: I lost five ounces of raw silk on the 2d of March last: the prisoner was a servant in my house: I took him the day before as a labourer : I lost the property out of the skeining room, where we lay our silk: I found some raw silk in each of his pockets: my son seized him by the collar; and I insisted on his stripping; there I found the silk; he said, he could not think how it came into his pockets; we missed the exact quantity of silk found on him; I could not persuade him to strip: I sent for an officer; the officer searched him, and found five ounces of raw silk in his breeches.

THOMAS HASELTINE sworn.

I am constable of the parish; I examined the prisoner, and found five ounces and a half of silk, the property of Messrs. Ashton.

(The silk produced and deposed to.)

PRISONER's DEFENCE.

Another man and me were straightening it, and the man went down and helped me; and then my master came down, and insisted on searching me, and he pulled some silk out of my pockets; I knew nothing at all about them.

Court to Prosecutor. Do you know of any quarrel between him and the man? - No, Sir, that was not possible; he was not nine hours in my house.

The prisoner called two witnesses to his character.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17900424-68

397. JOHN DRAYTON was indicted for feloniously stealing, on the 14th day of March last, two pair of silver shoe buckles, value 15 s. one pair of silver knee buckles, value 3 s. seven guineas, one half guinea, and twenty shillings and sixpence, in monies numbered, the property of John Maxwell , in his dwelling house .

JOHN MAXWELL sworn.

The prisoner lodged in my house, at Kensington ; and on the 14th of March, nobody being at home but himself; my chamber door was opened, and my property taken away: I went out before ten, and my family went out about half after two; I came home about six; I found several people in the house.

SARAH HOLDEN sworn.

I live with Mr. Maxwell: I am his niece. On the 14th of March last I was left at home, and I went out for half an hour, about two o'clock, and when I returned the fore door of the house was bolted; the back door was open; I went in, and I went all over the house, and could not find any one; about half after five my aunt came home; she searched, and found

nothing, till she sent for the constable, John Hooke ; he came, and found the prisoner in his own room, where he lodged; it was the two pair of stairs front room.

MARY MAXWELL sworn.

I recollect coming home the 14th of March: and I sent for the constable, and desired him to break open the prisoner's door; I did not go up the second pair of stairs; I missed my money: the constable brought the prisoner down to the one pair of stairs, where I was; the prisoner, and me, and the constable went into the bedroom; the constable went out; and as soon as he went out, the prisoner said he was the man that had robbed me; he asked me not to hurt him? I told him I did not wish to hurt him; I thought it very odd I should be robbed, and he in the house; he said, he had been asleep on the bed: I discovered before I went for the constable, that I had been robbed, by opening the drawer, where I had put my money in the morning, and missing it: when we went into the room the constable left me and the prisoner together; and he took hold of my left hand, says he, Mrs. Maxwell, I am the man that has robbed you, and do send the people away, and do not hurt me; and I came out of the room, to endeavour to send the people away; and I said, have you got Charles's buckles? (which was a young lad I had the care of); and the prisoner said, he had; then I sent for a neighbour, who is not here; nothing else material passed that I remember; there was seven guineas and a half, and twenty shillings and six pence in silver; I saw it there that morning; I counted it, and put it into the drawer; I cannot say whether I locked the drawer; but my keys hung up in the room; I was going to walk, and I thought they would be heavy.

JOHN HOOK sworn.

I was sent for the 14th of March. I saw the prisoner: I went to his room door, and called two or three times; nobody answered; and I forced it open; he was by the door, with his shoes on; his bed was turned up; he said, he was just out of bed; I took him to Mrs. Maxwell, and went out of the room; he wanted to go down to speak to a gentleman; he said nothing to the purpose; then I said to him, you have the property about you; at first he made no answer; then he said, I have, my dear friend; he did not produce it immediately; then I begun to feel about him; and he unbuttoned the flap of his breeches, and pulled it out; here it is (produced) seven guineas and an half, and three half crowns, and some silver, to the amount of twenty shillings and six-pence; and here are the buckles.

Prisoner. Mrs. Maxwell promised me several times over, that if I gave her the money she would not hurt me.

(The buckles deposed to.)

Prisoner. They promised not to hurt me if I would confess.

GUILTY, Death .

He was humbly recommended to mercy by the prosecutor .

Reference Number: t17900424-69

398. BRIDGET COSGROVE was indicted for feloniously assaulting Elizabeth Bailey , a female infant child, under the age of three years , putting her in fear, and taking from her a child's frock, value 2 s. a pin cloth, value 6 d. a cap, trimmed with lace, value 6 d. the property of Thomas Bailey .

THOMAS BAILEY sworn.

I sell physical herbs and flowers in Covent-garden-market. I have a young child, about two years and a half old: her name is Elizabeth Bailey . On the 12th of April instant, as near as I can guess, about six in the afternoon, the child was playing about the Strand; it ran all about the market; it pays its visits all round; about half an hour after Mrs. Johnson and Mr. Ashmore brought the child, and asked me if it was mine; I had not missed it; I had

seen it three quarters of an hour before, at furthest; the child had its frock and pinafore on, without its cap; then I was desired to attend at Bow-street; Mr. Addington was there; the child said the woman put the cap into her bubbies; that was the prisoner; she was searched; Mrs. Johnson pulled out the cap before the justice and me, from the prisoner's bosom.

Mrs. JOHNSON sworn.

I am a taylor's wife. I was going through Russel-court , and Mr. Ashmore gave me the child, to put its clothes on; the child was with the prisoner, in Russel-court; the prisoner wanted her to suck, but the child would not; Mr. Ashmore took the child, and put the frock on backside foremost; there was a great confusion; the child was not dressed; the things were underneath the woman; they were a frock and a pin-cloth; she was forcing the child's shift off, which was off, only over its shoulders; it was at the milliner's private door, in Russel-court, by Mr. Pike's: I took the child to Bow-street; then the child cried for her cap, and told me where it was; the woman said she had not got it; I was ordered to search her, and from under her left arm I pulled out the cap; this is the cap: the father was at Bow-street: the child told me her mammy's name was mammy Bailey, and her name was Betsy Bailey .

Prosecutor. I know this cap to be mine, by the lace, and joining at the corner Mr. Johnson and Mrs. Ashmore gave me information.

Prisoner. I was in liquor.

Court to Mrs. Johnson. Did she so appear? - She appeared to be disguised in liquor.

Prosecutor. I did not take notice.

- ASHMORE sworn.

I was at the cutler's shop; and heard a child cry very much; I enquired the case; from the appearance of the child, being more decent and cleanly than those the prisoner had besides, (she had three more with her) and I began to suspect it was not her own; I charged her; she made no reply; but lifted her up; and from under her I took these things, which I took charge of, and secured her: the things were the frock and pin-a-fore.

(Deposed to.)

Prisoner. I was in liquor: I know nothing about it.

Ashmore. She was in liquor; she appeared very stupid; Mr. Addington asked her where she came from; I think she said she lived in Wild-street; and had a husband, and that she came from Dublin ten years ago.

GUILTY, not of the robbery .

Transported for seven years .

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

Mr. Justice Heath to Prisoner. What is become of the three children you had? - My husband took them to some workhouse near Covent-garden: I do not know whether my husband has got them or not.

Reference Number: t17900424-70

399. JOHN CORFF was indicted for that he, on the 7th of April , six pounds weight of lead, value 15 d. belonging to the Reverend John Wesley , clerk, fixed to a certain building of his, did rip, cut and break; with intent to take it away , against the statute.

RICHARD SHROPSHIRE sworn.

I have the care of Mr. Wesley's building; the chapel and coach-house. I went out between eight and nine in the evening, to fasten the gates, and see all was safe, last Wednesday was a week; and as I came underneath, I saw a man stretched across, ripping up the lead; I called to him, and asked him what he was doing? he said, nothing; I said, you had better come down; he came down; I secured him, and sent for an officer; and the lead was

ripped up from the bottom better than half a foot.

Prisoner. Did you ever see the lead before that evening? - I was looking at it that day; it was whole, entire, then.

Did you see any thing about the prisoner? - I examined him, but found nothing; I apprehended he, himself, had thrown it over into a large timber-yard adjoining; I searched that timber-yard, but could not find any thing; but I found a piece of his breeches, which I apprehend he tore off.

PRISONER's DEFENCE.

I did not see any lead there, nor know there was any lead there; I was distressed for a lodging, and went there to sleep; I had been up all the evening before; the constable knows my father very well; he told my father my time would not come on till to-morrow.

The prisoner called one witness to his character.

NOT GUILTY .

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

Reference Number: t17900424-71

400. JOHN DODDRIDGE was indicted for stealing, on the 17th of April , one linen sheet, value 3 s. one mahogany tea-chest, value 4 s. one linen pin-cloth, value 6 s. the property of David Bentley .

David Bentley and the witnesses called, and not appearing, the prisoner was

ACQUITTED .

The recognizances were ordered to be estreated.

Tried by the second Middlesex Jury before Lord KENYON.

Reference Number: t17900424-72

401. WILLIAM NEWMAN, alias SHACKLETON , was indicted for stealing, on the 11th of March , a pair of linen sheets, value 5 s. a cotton bed quilt, value 3 s. a pair of linen pillow cases, value 1 s. two window curtains, value 5 s. two iron keys, value 2 d. the property of George Eardly , in a lodging room let to him , against the statute.

LYDIA EARDLY sworn.

I am wife of George Eardly : I live in Payne's-row, Coldbath-fields . I know the prisoner; he and another young man came to our house to take a lodging, about the 14th of February: the lodgings were to be ready furnished; he took a front room, up two pair of stairs, for himself and the other young man; and he gave me a direction for his character; he took them by the week; they came to know if I had been for their character; and I had, but the person was not at home; and I let them take possession; they were in the room about a quarter of an hour; they had a fire lighted, and came down to the top of the stairs; and the prisoner said he was going for his box; they locked up the door, and I saw no more of them; I met the prisoner about three weeks after: on the Monday following, I went into the room, and the curtains, and the sheets, and other things in the indictment, were taken away; I searched for the property, but found nothing: I met the prisoner by accident in Lincoln's-inn-fields: I mentioned it to a gentleman and lady that were with me; we followed him; I met him through a passage, and said, how do you do, Mr. Newman? he said, that is not my name, it is Shackleton; I said, you must go with me; he said, with all his heart; when we got him into Bloomsbury, he said he would not go any farther; I said if he did not, I would cry out stop thief! we took him to Justice Walker's; he was committed; I am positively sure he is the person.

Prisoner. Was I the person that took the lodging? - Yes.

ELEANOR WALSH sworn.

I am servant to Mrs. Eardley. I opened the door to the prisoner, when he came to take the lodgings; I am positive to him;

it was about the 14th of the month; I believe the prisoner took the lodgings of me; they were ready furnished, at five shillings a week; he came in on Saturday night, between six and seven; another young man was with him; he was not longer than a quarter of an hour; they came down stairs; this young man gave me the candle, and said he was going to get his box; I saw no more of him; on Friday evening we forced open the door, and the bed furniture, and the other things, were missing.

Prisoner. Did we come down together? - Yes.

PRISONER's DEFENCE.

This young man was an acquaintance of mine; he had directions where to find me in London; and he asked me where to take a lodging; he said he wished to lodge in the airy part of the town; I went with him, and he took a lodging: he directed to one Mr. Humphreys, in Clifford's-inn, who is in the law; and he was in the law himself; he was to have the lodging the next evening; and he asked me to come the next evening to drink tea with him; so I did; and I went away; and he asked me to call at the Bell Savage, and see for his box; I went to the prosecutor, and said, I am going to order the gentleman's box up; I called at the Bell Savage, and there was no such box; I went home, and he came the next morning, and drank tea with me; then he went away, and I never saw him since: then I met the lady in Lincoln's-inn-fields: I insisted on going to a justice of peace, but the gentleman had hold of my coat, and would not suffer it.

Court to Walsh. Are you sure the two persons came down stairs together? - Yes, I am; I did not see the other man.

GUILTY .

Tried by the second Middlesex Jury before Lord KENYON.

[Whipping. See summary.]

Reference Number: t17900424-73

402. JANE HERBERT was indicted for stealing, on the 22d of January , one feather bed, value 30 s. three pounds weight of feathers, value 12 d. a pair of sheets, value 10 s. a bed quilt, value 3 s. two blankets, value 3 s. a pillow case, value 6 d. the property of William Bolton , in a lodging room, let to her by the name of Jane Young , widow, to be used by her, and another woman unknown , against the statute.

WILLIAM BOLTON sworn.

I live in Mitchell-street : I let lodgings. The prisoner and another woman came for lodgings, about a month before Christmas; she was to have a back room, two pair of stairs, furnished, for a week, and to pay two shillings and six-pence a week; I was present; she took possession that same evening, with the other woman; she continued there some time; she took my key away with her; I examined the lodgings five or six days after, and missed the things mentioned in the indictment; I took her the morning after; some duplicates were found upon her; the other woman we take to be a very honest woman; and I would not wish her name to be put in the indictment.

Court. Was the lodging let to this woman singly, to be used by her and another woman, or was it let to both? - The prisoner took it, but the other woman was to come there.

ELIZABETH BOLTON sworn.

I am the wife of the last witness. I was present when the prisoner and another woman, who said she was her mother, came to take the lodging; I was to look to the prisoner only for the rent; she continued in our house about four months; she paid the first two weeks; then she said she was a married woman, and that her husband was in the country, overseer of a gentleman's farm, and asked me to let the rent go on by the quarter? I told her that was an uncommon thing to ask; and that I should expect to be better acquainted with her at the expiration of that month; I received

that month's rent by trifles, at the rate of two shillings and six-pence a week; she went away about a week before she was taken up; she said she was going to nurse an old lady with a pleurisy in her side, which was just before the time she said her husband was to come to town; we took her up on suspicion; and she unlocked the door herself; and entering the room, I found the things in the indictment were gone; the feathers were taken out of the pillows and bolster.

WILLIAM KENDALL sworn.

I am a pawn-broker: I produce a pair of sheets, and two pillow-biers, which I received from the prisoner, on the 16th of January; she gave no account of them; I am perfectly sure the prisoner is the same woman.

(Deposed to.)

CHARLES GILLET sworn.

I received a blanket and a bed-tick on the 9th and 13th of February; I received them from the prisoner; I have seen her several times before.

(Deposed to.)

PRISONER's DEFENCE.

I took the lodging by the quarter, at Christmas day; my rent was not due till the 25th of March; I was at the lodging on the Sunday; I was not gone away; the gentlewoman forced me to pawn the things, to pay her seven shillings for the rent; my husband was out of town; I had no money; and London is a strange place to me.

GUILTY .

Fined one shilling , and imprisoned one week in Newgate .

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

Reference Number: t17900424-74

403. RICHARD HARPER was indicted for stealing, on the 12th of April , twenty-eight feet of deal board, value 4 s. twenty-eight feet of other deal boards, value 4 s. and fourteen feet of deal, value 12 d. the property of William Philby and Daniel Abbott .

JAMES ABBOTT sworn.

I am the manager of Mess. Philby and Abbott's business; they are in partner ship in a building of two houses in Mary-le-bone ; one is a carpenter, the other a bricklayer: I missed deal boards out of the house last Monday was a week; and I saw some corresponding them in the house which the prisoner worked at; they were brought back cut up; they were in whole lengths before; they were in the same part of the house where I had seen them whole; I cannot say it was the same stuff I missed; I cannot say who brought them in again; I cannot swear to them; but they answered to the quality; the prisoner is a carpenter ; he did not work there; nor I do not know where he worked before; I charged him with taking the stuff; and he threatened to serve me with a copy of a writ, if I did not take him up; and I took a warrant directly against him.

A WITNESS sworn.

I saw the prisoner at the building last Friday night; he told me Mr. Abbott gave him authority to be there; he was cutting a piece of joist that was lying down in the middle, by a line; I have known the prisoner long about there; I know nothing of his character; I was not before the Grand Jury: Mr. Abbott boards at my house when he is at Paddington; Mr. Abbott was absent during the Easter week; and in that time the prisoner was there cutting up the joist; I am sure it was last Friday.

PRISONER's DEFENCE.

I bought the stuff, and worked in the house with this young man; and Mr. Philby gave me leave to go in.

James Abbott . The prisoner asked me

leave to plane some boards over, the week before; I gave him leave, but no more.

NOT GUILTY .

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

Reference Number: t17900424-75

404. WILLIAM GENTLEMAN was indicted for stealing, on the 10th of March , a muslin gown, value 15 s. the property of George Bird .

GEORGE BIRD sworn.

I lost a muslin gown the 10th of March last, from Kensington , about a quarter past four; it hung out to dry in the garden; the gown never was found.

ISAAC DAVENPORT sworn.

I know the prisoner; I saw him on the 10th of March, about five in the evening, get over one fence, and get on another, and take off some linen from the lines; I was looking out of my window; the line was in the prosecutor's garden; I saw him take off one article; I could not distinguish what it was; I ran after the prisoner, and took him in one minute; there were two others with him; I am sure he was the man that took the gown; they said they had got no linen; the other two escaped; the prisoner was committed; I particularly noticed the prisoner, and am very confident he was the man; I looked on the ground, and there was nothing; this young fellow's hand bled.

Prisoner. I am innocent: I worked for Sedgwick, butcher, in Westminster; and Mr. Rush and Mr. Stent.

GUILTY (Aged 18.)

Transported for seven years .

Tried by the second Middlesex Jury before Lord KENYON.

Reference Number: t17900424-76

405. JOHN CLARK was indicted for stealing, on the 9th of March , two glass lamps, value 2 s. a tin lamp head, value 4 d. two rims, value 2 d. two burners, value 4 d. the property of William Baylis .

WILLIAM BAYLIS sworn.

I contract to furnish and light the lamps for St. George the Martyr, and St. Andrew, Holborn . On the 9th of March the prisoner was taken up; I swear to my property.

CHARLES BOON sworn.

I am a lamp-lighter; I work for Mr. Baylis. Coming out of Tennis-court, into Southampton-buildings, I saw the prisoner with a new strap lamp of my master's; it was the 9th of March, about six in the evening; the prosecutor's lamps are on a different construction to others: I took the prisoner into custody; he denied having any such thing: one lamp was taken out of Tennis-court , and one out of Quality-court ; the burners were in the bottom of the glass, and my master's name was on them; that was a W. and a cross.

Prosecutor. I have only a W.; I have never a B; I substitute the cross instead of the B.

Prisoner. I know nothing of the man, nor the lamps neither.

The prisoner called five witnesses to his character.

Recommended to mercy by the jury .

GUILTY.

Privately whipped , and discharged.

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

Reference Number: t17900424-77

406. CATHERINE AUSTIN was indicted for stealing, on the 30th of March , a cloth coat, value 7 s. a cloth waistcoat, value 2 s. a man's hat, value 4 s. a linen handkerchief, value 6 d. the property of Francis Fagan .

FRANCIS FAGAN sworn.

I am a taylor : I live in Darby-street, Rosemary-lane : I lost the things in the indictment, on the 30th of March, out of the prisoner's room, in Parker's-lane; I took

a lodging from her that night, and paid her six-pence; as soon as I was in bed, she ran away with the clothes; I was rather in liquor; I saw her the next day, and she had duplicates of the things in her pocket.

GEORGE VIGULIN sworn.

I live with Mr. Dobrey, No. 135, High Holborn. I remember the prisoner coming to our house on the 31st of March; she pledged these things; I am sure it was the prisoner; it was a coat and waistcoat.

(Deposed to.)

PRISONER's DEFENCE.

This gentleman asked me to let him go home with me; I asked him for a trifle? he said he had no money; he pulled off his coat and waistcoat, and bid me go and pledge them, which I did, and he gave me half a crown.

NOT GUILTY .

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

Reference Number: t17900424-78

407. WILLIAM MERRITT was indicted for stealing, on the 10th of March , one pair of velveret breeches, value 4 s. the property of Moses Waterman .

(The witnesses examined separate.)

JAMES PINCHES sworn.

I was at my master's door, who is the prosecutor; he lives in Rosemary-lane : I went across the way; my back was towards the shop; I was informed by a gentleman, and I turned round and missed a pair of velveret breeches, lined with leather, from the door; they hung at the door; they were my master's property; I turned round and saw the prisoner on the run, tucking something under his coat; I pursued him, and cried out stop thief! because he ran faster; he was stopped by Arthur Leary ; I saw him drop the breeches before I came up to him.

(Produced and deposed to.)

Prisoner. I am an American born; I have no friends.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Lord KENYON.

Reference Number: t17900424-79

408. JOHN ALLDIN was indicted for stealing, on the 22d of March , one pair of men's leather pumps, value 3 s. the property of Thomas Sadler .

THOMAS SADLER sworn.

I am a shoe-maker at St. John's, Wapping : I lost a pair of men's leather pumps, on Monday, the 22d of March, between seven and eight in the morning, from my shop: the prisoner lodged with me, and worked for me; I saw them the same morning; I suspected him, and set my wife to watch; she called me down; and I took them from under his coat; he was going into the yard with them; he had lodged with me between six and seven months; I took him out of charity; he worked for me at so much per pair; when he had a mind to work, he could earn ten or eleven shillings a week; but he seldom earned above five or six.

Mrs. SADLER sworn.

I got up rather earlier in the morning, and concealed myself in a little back parlour; and peeped through, and saw the prisoner take them off a line in the shop; I called my husband down.

PRISONER's DEFENCE.

I took these shoes with no other intent than to pay my master for them; I was coming up stairs to bring them to him, to know if he would take a shilling a week; I was not going out of the house with them; I lodged with my master seven months,

and never wronged him of a farthing; I am a poor man, and have nobody that I know of: I never was in such a case before.

GUILTY ,

Fined 1 s. and imprisoned three months .

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

Reference Number: t17900424-80

409. SARAH COOLEY was indicted for stealing, on the 11th of March , seven cotton handkerchiefs, value 10 s. the property of John Shiers .

JOHN SHIERS sworn.

I keep a shop in the linen, muslin, and haberdashery line .

JOHN SHIERS , junior, sworn.

I am thirteen years of age.

What will become of you if you take a false oath? - To be cast into everlasting burnings. My father keeps a shop in the linen trade; I know the prisoner, I remember her coming to my father's shop; there was my mother, and a person that was in the shop, a woman servant; there was another woman came in with the prisoner at the same time; the prisoner enquired for stockings, we did not serve her with any; then, she asked to look at some shawls, she looked at some, but bought none, nor the other woman did not buy any thing; the other went out first, and this woman followed, and upon her going out, I saw her put the handkerchiefs under her arm, she had not quite enough secured them under her cloak, they were calico handkerchiefs; I immediately ran after her, and secured her; I asked her for the handkerchiefs she had taken, and she denied having taken them: I insisted upon them, upon which she dropped them, she was secured; they are my father's property, I saw them on the counter.

BENJAMIN WEBB sworn.

I assisted the lad to take her, I saw the handkerchiefs on the ground.

Prisoner. I leave it to my counsel.

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

GUILTY . (Aged 21.)

Transported for seven years .

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

Reference Number: t17900424-81

410. JOHN GRIMES was indicted for stealing, on the 27th of February , seventy-two pounds weight of pork, value 36 s. four pigs cheeks, value 6 s. the property of William Coy .

WILLIAM COY sworn.

I know the prisoner. On the 27th of February, in the morning, I went to Leadenhall , to buy meat; the prisoner asked me for a job; he is a porter in the market; I said, I had a small job; he said, he would take it: I gave him the things in the indictment, to take to No. 1, Great Spring-street, Shadwell; he did not carry them there: he was stopped; and notice of it was given from the magistrate's office; I went there, and saw the prisoner and the pork: the prisoner said he was drunk; he told me I should find the other things in a court in Ratcliffe-highway; and I found them according to his directions, in a drawer.

JOHN THOMPSON sworn.

I am one of the headborough's of St. Catherine's. I received information on the 27th of February, from a neighbour; I went over, and saw the prisoner; he said, he brought it from Leadenhall, and was taking it to sell; I sent for a butcher, three doors off, to ask him the value; he first said five-pence, then a groat; I told him I believed he had not come honestly by it; I asked him where he lived; he hesitated a good while, and then he told me Ratcliffe-highway; he went with me, and carried the pork; when we came to the King's Arms, East Smithfield, facing the Rotation-office,

I took him in there; he was detained on suspicion; one of the officers belonging to that office stuck up notice: the prisoner was much in liquor.

ANN COY sworn.

I only know the pork did not come to our house; the prisoner came with me from the market, as far as Ship-alley ; then he went from me; I thought he was gone another way.

Prisoner. I was rather in liquor; and I pitched it, and dirtied it, and went to this house to wash it.

Thompson. The pork was a little dirty; not extraordinary clean; he told me he had dirtied it; he seemed much in liquor; but he said it was his own property.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Lord KENYON.

Reference Number: t17900424-82

411. THOMAS OLDIN was indicted for stealing, on the 25th of February , one live cock, value 18 d. six live hens, value 9 s. the property of Anthony Morpeth .

ANTHONY MORPETH sworn.

I only speak to my property.

JOHN BURNAN sworn.

I am a watchman of St. Catharine's. On the 25th of February, about a quarter past eleven, the prisoner came by me with a bag on his back; I asked him what he had? he said, some fowls, that came from Lynn, in a brig, and the brig lay at Deptford; I took him to the watch-house; there were seven hens and a cock; the cock had his head off; he said the captain had no place to put them in, and when he came to Deptford he killed them; Mr. Morpeth came the next day, and owned the fowls.

JAMES NETTLEINGHAM sworn.

I am one of Mr. Morpeth's labourers; I looked after his poultry every day, and fed them; he had six hens and a cock; the last time I saw them was about two, on the 25th of February; I saw them again at the justice's, which was Friday, the 26th; I swear they were my master's property; there were two black hens, one white cock, and four white pullets; the cock's head was found at the door; they were taken from the place where they were kept; they were always locked up; and the next morning the staple was drawn, and the lock opened.

FRANCIS MORLEY sworn.

I work under master Morpeth: I know these fowls to be his property.

PRISONER's DEFENCE.

I got them out of a brig, at Deptford: I came on shore: going home the watchman stopped me; I told him what I had.

GUILTY .

Transported for seven years .

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

Reference Number: t17900424-83

412. ROBERT WILSON was indicted for stealing, on the 20th of March , a steel watch chain, value 1 s 6 d. a steel seal, value 6 d. a brass watch hook, value 3 d. and a key, value 3 d. the property of William Nicholls .

WILLIAM NICHOLLS sworn.

I am a day labouring man , in the stables at Portland-place. I did not know the prisoner. As I was going along Duke-street, Portland Chapel , the prisoner snatched my chain from my watch; he walked with me two or three hundred yards; I had been drinking, but I was

very sensible; I was not worse for liquor; I had lost my way coming home; I had been into the city: I have known the town about three months: and I asked the prisoner my way; and he said, he would go along with me; then he snatched at my watch; I pursued him, and took him as soon as I could catch him; I found nothing on him.

PRISONER's DEFENCE.

I was going down Marybone-street; people were coming along; this gentleman came running after me, and said I had robbed him.

JOHN BLANCHARD sworn.

I took charge of the prisoner. The prosecutor did not appear to be in liquor.

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

GUILTY .

Transported for seven years .

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

Reference Number: t17900424-84

413. EDWARD LEACH was indicted for stealing, on the 26th of February , one saw, value 10 s. the property of Thomas Hearne .

The prisoner offered the saw for sale, and was stopped with it. The saw was deposed to by Mr. Hearne's man, to be his property.

The prisoner said a man met him on Tower-hill, and gave him the saw to sell, and that he did not know him.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Lord KENYON.

Reference Number: t17900424-85

414. THOMAS POWTRILL was indicted for stealing, on the 27th of March , fifteen pounds weight of tin bars, value 9 s. the property of John Townsend and Thomas Compton .

EDWARD LOCKWOOD sworn.

I am foreman to Messrs. Townsend and Compton. On Friday morning, the 26th of March, when I came to the manufactory, between six and seven, I was informed the prisoner had taken away some bars the night before, and secreted them in the stable: I waited till the evening, when the prisoner and the men were gone; and I went and saw three bundles of tin bars in the stable; on Saturday night I saw these bars taken from the prisoner, in the passage of the house; I apprehended the prisoner in the street; and the tin bars were in his pocket, and about him, and William Manley , who is present, took a part of them from him, in my presence, and the rest were taken from him in the watch-house, by Manley; Moss, the constable has had them ever since.

WILLIAM MANLEY sworn.

I am apprentice to Messrs. Townsend and Compton. On the 25th of March we all went to look in a three stall-stable, under the manger, and found three bundles of tin bars hid there; I watched the next morning, and on the Friday morning, when the prisoner (who was carter) came, he went to this place, and stamped his foot, and went away then; and came again, and stood looking at them till somebody came; the next day he was taken at Mr. Compton's house; and six pounds of bars were found in his pocket; the constable has them.

RICHARD VISTOR sworn.

I am an apprentice. I was concealed, and I heard the prisoner come and take the bars; I am sure it was the prisoner; he has a particular cough which no other man in the house has: I heard him carry them from the counting-house into the stable: I

heard him pull the bars out from the middle, and lay them down to make them even. On the Saturday night I saw them taken out of his pocket and out of his waistcoat.

Prisoner's Counsel. You heard a man come by and cough, and put it under the manger? - No; I heard him carry it from the counting-house to the stable.

THOMAS HANDY sworn.

I am journeyman to the prosecutors. I went with the prisoner to the watch-house; I searched him, and found, concealed under his clothes, about nine pounds weight of tin bars; they were marked, and delivered to Moss, the constable; part were under his waistcoat, and the remainder doubled up in his breeches.

THOMAS MOSS sworn.

I am an officer: I took the prisoner into custody, and saw him searched, and about nine pounds weight of tin bars were taken from him.

(Produced and deposed to by Mr. Lockwood.)

By corresponding with the moulds they were poured in; I am clear they belong to the prosecutor.

Prisoner. I leave it to my counsel.

The prisoner called five witnesses, who gave him a good character; and one of them said there would fifty have come from Horn-church, in Essex (where he once was a farmer) if it had been necessary.

GUILTY.

( Recommended to mercy by the jury and prosecutor .)

Publicly whipped .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17900424-86

415. THOMAS ASHLEY was indicted for feloniously stealing, on the 15th day of March last, five quartern loaves, value 2 s. the property of James Love .

The prosecutor not being able to prove the property, the prisoner was

ACQUITTED .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17900424-87

416. MICHAEL DORAN was indicted for feloniously stealing, on the 1st day of March last, eighteen fowls, some ducks, and turkies, value 2 l. 2 s. the property of William Blankley .

And DENNIS COLMAN was indicted for feloniously receiving the said goods, knowing them to have been stolen .

WILLIAM BLANKLEY sworn.

I live in Bloomsbury-market. I am a poulterer . I lost some fowls; I employed Doran as a porter , to take them home from Leadenhall-market ; he never took them; I delivered them to him about ten in the morning; I waited till four in the afternoon, expecting them to come home; then I went in search of Doran; I heard he was at the Craven Head in Drury-lane; I went there; I found nothing upon him; I asked him what he had done with the fowls? and he said, he had pitched them upon Holborn-hill, and went to ease himself, and when he came back they were gone; he said, he wished he was burning in hell-fire if he knew any thing of them; I took him to Justice Walker's; and Mr. Fleming and myself went in search of them; he came up to Justice Walker's with two of them; I saw them there; I saw some others in Colman's room, the same evening in Wild-street.

Was Colman there? - He was; he helped to break the door open; he acknowledged it to be his room; there was fourteen fowls and a pullet; I know they are mine by several marks; I can swear it.

Prisoner Doran. Was that my basket the fowls were in? - Yes; it was the same basket they were packed in at Leadenhall; I have employed him before.

THOMAS FLEMING sworn.

I am a poulterer. I went to Clare-market, and saw some fowls like Mr. Blankley's; I bought two of them from Colman, for two shillings and six-pence: I went to the justice's, and saw Blankley, and asked him if he could swear to them? he said, yes; I know them to be Mr. Blankley's.

Blankley. The chickens Fleming produced were mine; we left Doran, and went to get a constable, and went to Colman; and I asked him how he came by the chickens? he said, he bought them of Doran, and gave a guinea for them; we found the others in his room.

What were they all worth? - More than two guineas.

JOSEPH LETTLE sworn.

I took Colman up, and he confessed he had the property in his room.

PRISONER DORAN's DEFENCE.

I pitched these fowls on Holborn-hill, and went to ease myself, and they were gone; I met with a man, and gave him a shilling to go to Mr. Blankley, and tell him I had lost them.

Blankley. A man came into the market, and said, by the Holy God, a man had lost some fowls; he did not come to my shop; I was only told so.

(Colman was not put on his defence.)

DORAN, GUILTY .

Transported for seven years .

COLMAN GUILTY .

Transported for fourteen years .

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

Reference Number: t17900424-88

417. BENJAMIN PAYNE was indicted for stealing, on the 27th of March , a flock and feather bed, value 12 s. a bolster, value 2 s. two blankets, value 4 s. a stuff coverlid, value 2 s. 6 d. a saucepan, value 1 s. a pan, value 9 d. the property of William Alexander , in a lodging room let to him , against the statute.

WILLIAM ALEXANDER sworn.

I live near the Broadway . I let a lodging to the prisoner about three weeks ago, at two shillings a week; it was next door to my house; it is also my property; he had the things in the indictment; he staid about ten days; he only paid me four-pence, which was the first day he came; the things were all missing when he went away; I found nothing but the saucepan, at a public house, the Feathers, near my house; I know the saucepan by a little bit of tin; I am sure the prisoner is the man; I know nothing of him before.

ELIZABETH MEDCALF sworn.

The prisoner lent me the saucepan to boil some victuals; I work at the Feathers at two shillings a day; it was a tin saucepan; but I cannot swear to it: Mr. Taylor took the same saucepan from me that I had from the prisoner; the prisoner brought it to me, three weeks last Tuesday: I cannot swear the prisoner is the man that gave it me; I know nothing of the prisoner, but coming backwards and forwards to his father and mother, and having victuals drest; I know him by coming for beer.

Court. You are upon your oath; you may be prosecuted for perjury; you may be transported here, and punished hereafter: did the prisoner bring it to you, or not; you have said both ways? - I was in liquor; I cannot say.

Which do you persist in; do you know the man, or not? - I believe he is the man; but I cannot swear to him on any account.

JOHN TAYLOR sworn.

I am a constable, in St. Martin's parish;

I had a warrant to search for this saucepan; I do not know the man's name that keeps the Feathers: the last witness was a servant there; she is not now; I apprehended the prisoner; on his examination he said every thing was safe in his lodging; and that he had not left it; for he owned to having the key about him; I heard there was a saucepan at the Feathers; and this young woman and another, said the prisoner brought the saucepan there; the prosecutor owned the saucepan.

(Deposed to.)

PRISONER's DEFENCE.

I took the room of this man, and paid two shillings a week: I went out about my business on the Friday; the Friday night this gentleman got into my room, and missed the things; every thing was in when I went away, except that saucepan, which I lent to the gentlewoman at the public house, to cook her supper: when I returned on Saturday night, they took me into custody.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17900424-89

418. MICHAEL SMITH and GEORGE BERRY were indicted for burglariously and feloniously breaking and entering the dwelling house of George Butler , about the hour of seven in the night, on the 27th of February , and burglariously stealing therein, six knives, with bone handles, value 1 s. six forks ditto, value 1 s. three pen-knives, with tortoiseshell handles, value 2 s. three clasp knives, with bone handles, value 2 s. eight other pen-knives, with bone handles, value 4 s. two razors, with horn handles, value 1 s. his property .

GEORGE BUTLER sworn.

I keep a house, No. 54, in the Haymarket ; I am an ironmonger : my house was broke open on Saturday, the 27th of February, between seven and eight: I went out between six and seven, and was returning home a little before eight; there was my wife and another person in the house, who heard nothing of the robbery: a boy asked me if I belonged to the shop; and told me that my shop had been robbed, but I cannot find him: I saw a great breach in the glass of the window, next the street; the pane had been cracked before; the shop was not shut up; I waited for a quarter of an hour; then I put up my window shutters; I saw nothing of the prisoners: then a boy named Shepherd, who is here, came and gave me some information about the robbery; the prisoners were taken to the watch-house; and the next morning the watch-housekeeper sent for me, and gave me these two knives; he is here.

WILLIAM OVERSMITH sworn.

I am watch-house keeper of St. Ann's, Soho. Mr. Butler brought the two prisoners the 27th of February, on Saturday, about nine; they were put backwards in the lock-up place; and between one and two the same night, I went backwards; and behind some pewter chamber pots in the lock-up place, I found a clasp knife and a pen-knife; the clasp-knife was stamped in Butler: I sent to Mr. Butler, and gave them him; he said they were his; when the two boys came in, there were three men from a lottery-office; they were in the lock-up place about a quarter of an hour; and then they were put into a little place adjoining; I found the knives about four hours after.

WILLIAM SHEPHERD sworn.

I am nothing in particular; I live on what I can get to do. I did not know the prisoner before the robbery.

Where did you live last in place? - In the Hay-market, with Mr. M'Allen, belonging to the Opera-house. On the 27th

of February, about seven, or half past, I was going along the Hay-market; and I stopped, as I thought I might as well as any body else; and the prisoner Smith came up to me, and told me if I did not go along, he would make me; I did not go just then, and he came again and said so: I went on, and came down the other side of the way, and saw Smith's hand in the window; but what he took out, I do not know.

Are you sure, at the distance of the other side of the way, in the Hay-market, a pretty wide street, you could see what passed? - Yes, you can.

Were there any lights? - Yes, two candles on each side the window: the prisoner Berry was leaning against the post the corner of Panton-street.

Did you see Berry as soon as you saw Smith? - No, I did not; I first observed him in crossing over the way, leaning against the post; I saw Smith come over to George Berry , and they both went off together.

Did you hear any window break? - No.

Could you, at the distance you was, see whether the pane of glass was broke? - It was broke when I came by; I observed it when Smith first spoke to me; I never saw Smith before; but I am sure it was him; I passed Berry two or three times that evening, at the post; I am sure of him also: I went home and told my mistress; I came out for some candles about half an hour after, about eight, and I saw Smith and Berry walking up the Hay-market; and I told Mr. Butler, and we both went after them; and Mr. Butler took them to St. Ann's watch-house; it was about seven, or half after seven, when I first saw them.

Prisoner Smith. Did you see me put my hand in the window? - Yes, I did.

Prisoner Berry. Did you see me break this man's window? - No; I saw you do nothing but lean against the post.

Court to Prosecutor. How did you fasten the door; I pulled it too; it was a common latch; the glass was very badly cracked; but there was no hole.

What time did you take the prisoners? Just when the watch was going nine; there were several together: (the knives deposed to:) I can very safely swear to them, particularly that one that is stamped with my own name; I missed all the things in the indictment; but I recovered nothing but these two knives.

Were these knives in each of the windows? - Yes; they were tied up in small parcels; one is a clasp-knife, with a horn handle; the other is a pen-knife.

Court. Here is never a clasp-knife with a horn handle, in the indictment; what is the other knife? - This is what we call a penknife.

Is that with a bone handle? - No, it is with a horn handle.

Is that a tortoiseshell handle? - No.

Mr. Shelton. There are no horn handles in the indictment.

Court. Then, gentlemen, we are in another difficulty: but the only articles which are traced in the possession of the prisoners, are not in this indictment; and it certainly is material; for though the man was seen at the distance across the street, to put his hand in the shop, he does not know what he took out.

BOTH NOT GUILTY .

Court. I would have you understand that you have had a very narrow escape on the present occasion: the copying clerk of this indictment has saved your lives: I hope you will remember your very perilous situation, and this will be a caution to you to behave better.

Tried by the second Middlesex Jury before Mr. RECORDER

Reference Number: t17900424-90

419. WILLIAM MORSE was indicted for stealing, on the 27th of February last, one callimanco petticoat, value 6 s. one cotton gown, value 12 s. one linen apron, value 10 d. two yards of cotton, value 4 s. one cloth cloak, value 7 s. the property of William Newton .

A second Count, for stealing on the same day, one pair of linen sheets, value 3 s. the property of the same person, in a certain lodging, in his dwelling house, let by him to the prisoner, to be used by him with the lodging aforesaid.

(The witnesses examined separate.)

WILLIAM NEWTON sworn.

I am a weaver . I let the lodging to the prisoner the latter end of July, or beginning of August, a one pair of stairs room, in Baker's-row, Whitechapel, at half a crown a week; he staid till the 27th of February; then he went away, and left the room, he and his wife; the room was not paid for: I took him in the Circus, near Hyde-park-corner; the man went away first; his wife said she would return, but did not; she left the door open; he was to have the room furnished: there were a pair of linen sheets in the room, which were missing, and the other things out of the drawer.

Mrs. NEWTON sworn.

I am the wife of William Newton . My husband let the prisoner a lodging: him and his wife went away the 27th of February; they did not pay me for the lodging; I missed the things in the indictment; the man and his wife told me before they went, that they liked to lay in blankets, and had put the sheets under the bolster; I did not enquire any farther till after they were gone: I saw my sheets at the justices; the pawn-broker is here; the other things were in the drawers in the room; the drawers were not locked; I saw them all before the justice.

JEREMIAH MANGETER sworn.

I am a pawn-broker, in Brooke-street, Spitalfields: I produce a cotton gown, and

a piece of cotton; I heard the prisoner confess to pawning them with me, by the consent of the prosecutrix; the woman has given a note under her hand, that she consented to his pawning them.

JAMES BERRY sworn.

I am servant to Mr. Windsor, a pawnbroker, in Whitechapel: I have forgot to bring the goods with me; I do not know the prisoner; I did not take in the goods.

WILLIAM BOWEN sworn.

I lodge in the prosecutor's house: in regard of the note, the prisoner called me down stairs the Monday before he went away; he read the note over to me.

Prisoner. The justice's clerk gave me this copy of the note which I left with the justice.

(Read.)

William Morse to Martha Newton debtor.

l. s. d.

To boarding, lodging, and sundries 3 9 8 1/4

To cash lent, and sundries - 1 8 - 1/2

To lodging and cash, and sundries 1 18 4 1/2

To things lent to pledge, and sundries, and interest -

1 8 7 1/2

Total 8 4 8 3/4

Accepted February 2d, 1790.

Martha Newton , William Morse .

Court to Witness. Do you recollect whether that is a copy of the note he shewed you? - He read over a note to me for money, that he owed for board and lodging, and money borrowed; that was all that he read over to me; he asked me if I did know any thing of the difference of the the hand writing, which was his name, and Martha Newton 's name; I believe he read such a note over to me, as it is there in record, in regard to board and lodging, and the money borrowed out of Mrs. Newton's pocket; no other article was mentioned to me; but he doubled the note, and got me to make a notch against the name.

Can you read? - No.

Do you recollect any thing being mentioned of goods being pledged? - There was no such a thing.

PETER WATKINS sworn.

I am a cordwainer. Mr. Newton called on me, and asked me to go with him, when the prisoner was taken up by Old Tyburn; he confessed he pawned the things; and we found them at the pawnbroker's, Mr. Mangeter's.

Mrs. Newton deposes to the gown and piece of cotton. I know it by the old fashioned make; I had it made last year; and I had it made that old fashioned way, because I thought it suited me best; the piece of cotton is the same as the gown; it was in the drawer.

PRISONER's DEFENCE.

The petticoat was pledged pretty near four months before I left the lodging, by the consent of that gentlewoman; I asked her for some cash? she told me she had none; the next was the sheets, nigh three months before I left the lodging; and according to agreement, I was to have clean sheets every month; she told me she had no cash to lend me; she said I might take the sheets if I pleased; my wife was continually pledging her things, backwards and forwards; and that same gown once before; the last thing that was pledged, was near two months before I left the lodging; when I asked for my bill, I thought it was very large; we made it up to the 13th of March; we put in the interest; I said, look over the bill, and see if it is right? says she, I never kept any account; oh, says I, I will make affidavit I kept a just account; to the best of my knowledge, she looked on the bill, and said she was very well satisfied; and she signed it: the magistrates said they could not make it felony; they said,

you have signed your husband's property away: every word as I shall answer before your lordship, and the gentlemen of the jury, before heaven; and they gave me that copy; Mr. Green kept the bill which he has; I thought that if a person was indebted to a creditor, that they should have the bill by them; but I am deprived of it; it is the first Court that ever I was before in my life.

Court to Mrs. Newton. He says this petticoat was pledged by your consent, and the sheets and the cloak; is that true, or is it not? - It is not true.

Did you ever give him leave to pledge any of these things which were pledged, which were missing? - No, I did not.

Is all that false which he says? - That, Sir, is very false.

At the time he was a lodger to you, did you ever desire him to pawn any thing for you? - What I begged his wife to do, I always had the paper and the bill; but as to these articles, I never saw any; those things she carried for me, I have got again; I have taken them out myself.

Then you are very sure that none of these things that are missing, were at your request pawned by him? - None of them: we were settling money that I lent him; he was to pay me sixteen shillings a week for his and his wife's board; I did put my hand to that, for the debt he owed me, and for nothing else but the debt; this has been added afterwards.

Was there any thing in that account about pledges? - Not to my knowledge.

Prisoner. I have one favour to beg (she says she knows nothing of the things lent to pledge) which is, to ask her what the whole debt is.

Court to Mrs. Newton. Can you tell me what was the whole amount of the debt? - Upon my word I cannot; for I thought of receiving the money; he pretended he had a one hundred pounds draft in his pocket; and that he was put off from time to time receiving it.

And was that the reason that you settled the account in this way? - Yes.

Court to William Bowman . Do you remember what was the sum he read over to you? - I cannot recollect the sum; but he said it was eight pounds something odd.

Mangeter. I saw the note at Mr. Green's; and there was goods lent to pledge in the note; it was the same writing, and just like all the rest.

(This witness produced some duplicates.)

Mrs. Newton. These are the duplicates that I found in a tea-pot when they were gone.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17900424-91

420. ROBERT SEATON and JAMES SLOPER were indicted for stealing, on the 8th of March , four men's hats, value 15 s. the property of George Ashton .

GEORGE ASHTON sworn.

I am a hat maker , No. 27, Lower East Smithfield . On the 8th of last month, I lost four hats, about half past seven; I was at work in my back shop: I was alarmed by the young man at next door; and the prisoners were taken before Justice Smith.

- M'CAUL sworn.

I live next door to Mr. Ashton. On the 8th of March, about half after seven, I saw the two prisoners standing at Mr. Ashton's door, loitering; I saw Seton in the shop taking the hats out of a press in the shop, and Sloper just inside the shop, he took the parcel from Seton, and ran out; I caught him; it was a hat not quite covered with paper; then Seton came out with a bundle in each hand; and I caught him by the collar; these are the hats.

(Deposed to.)

Prisoners. The gentleman first swore to three hats, then to four.

BOTH GUILTY .

Transported or seven years .

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

Reference Number: t17900424-92

421. ARTHUR CONNOLLY and JOHN DODD were indicted for feloniously assaulting the reverend William Edmiston , clerk, on the king's highway, on the 5th of April last, putting him in fear, and feloniously taking from his person, and against his will, one watch, with the inside and outside case made of silver, value 3 l. one steel chain, value 2 d. a seal, value 1 d. his property .

The Reverend WILLIAM EDMISTON sworn.

On Monday, the 5th of April, a little after two, I was between Fetter-lane and Shoe-lane . I saw a number of people in the street, but nothing like a fixed mob; that is, so close, as to be called a mob; I immediately pulled out my watch to see what o'clock it was; I think it was a little after two; I put up my watch again, and put the chain within side; I tucked up the chain; in a very short time I found myself closely surrounded by a number of people; a man behind me, a tall stout man, pushed me with great violence forwards; that was neither of the prisoners; I called to him not to push, and he said he could not help it; I desired him to let me go back, and he said he could not: the prisoner Arthur Connelly was before me; he was face to face to me; I saw his hand up to my fob; I knocked it down; a second time I thought I saw his hand in the same place.

Court. Had you not a great coat on at that time? - I had, just as I have now, buttoned in the same manner; I saw his hand a second time at my fob, and knocked it down; I was going to make an attempt to get into a small recess, where I thought I might be in safety, among some ironmongery; I believe they were grates: the moment I was going to make the attempt, the prisoner saw me attempt, and forced himself with great violence into an avenue that led to this recess; then we were face to face again; I turned a little to the left, to get into this recess; then I concluded I should be robbed, and prepared myself accordingly; the first thing that was done, my hat was knocked off.

By whom? - I cannot tell; the people on each side pressed in, and kept my arms down; I did not remove them to recover my hat.

Do you mean that you did not, or could not? - I do not know whether I could; but I did not; my arms were then pressed in with great violence, that I was not able to move them; the next thing was, I felt a hand at my fob, taking out my watch.

Do you mean you felt a hand at your fob, or that you felt your watch going; because they are two very different things? - I mean both; at the time my watch was going, I felt a hand touch my left hand, as if it came from between the legs of my left hand neighbour; it seemed like a man groping in the dark; I thought that a man behind my next neighbour, had put his hands between the legs of my next neighbour.

Mr. Garrow. This is all mere circumstances? - It is guess.

Do not let us try men for their lives by guesses; pray do not tell us your guesses nor your dreams, nor any thing of that sort.

Jury. We will be much obliged to you if you will speak from a fact, and not from what you guess.

Mr. Edminston. I felt a hand upon mine some time; immediately afterwards, I heard a voice, which appeared to me to be near the pavement, saying, I have got it; I was immediately released upon that; and I kept my eye upon the prisoner Connelly; he stooped to the side of the foot-way; I then

went up to him, and took him by the hand, and said, Sir, you have taken my watch; he replied, I am very sorry you think so; and immediately a constable took him by the other arm; Connelly then said, says he, if you will go into a shop with me, I will shew you that I have not got your watch; we went into the shop, and he pulled out a red pocket-book with a fifteen pounds bank note in it; and he pulled out six guineas in money; I afterwards committed him to the care of the constable, and he took him to the Compter.

Did you ever recover your watch? - The watch was recovered; I did not see it till I saw it before Sir James Anderson ; I believe it was the next day, on a Tuesday.

Who produced the watch before the magistrate? - Another constable; I do not know his name.

Mr. Garrow. I believe his name is Edwards? - Yes.

Court. Was that your watch which was there produced? - That is my watch; the constable has it.

I do not observe that you have said any thing about Dodd at all? - I know nothing about him; I have nothing further to say; only I really believe Connelly took my watch; I am seriously of opinion that he took my watch.

Mr. Garrow. Mr. Edmiston, I believe, in point of fact, you have no recollection of seeing Dodd, before you saw him before the magistrate? - No.

I am not for Dodd, I am for the other man: this transaction took place on Easter Monday, in the neighbourhood of St. Bride's Church? - Yes; I was told the lord mayor was just gone into church.

Of course there were a great number of persons there? - Not a vast number.

That you know is all comparative? - There was what an ordinary person would call a great number.

Upon what day was the prisoner Connelly examined first before Sir James Sanderson ? - I believe it was the Tuesday.

He was not fully committed for trial then? - No, I believe not; he was remanded till the next day.

Upon that occasion, I believe, he produced some witnesses, in order to satisfy the magistrate what manner of man he was? - He produced witnesses on Tuesday; he had a hearing on Wednesday again.

When was he examined again? - On Thursday, I believe.

Re-committed and re-examined, when? - I really do not know that.

Mr. Garrow. It was Thursday, at least, I observe, when that respectable and worthy magistrate committed him on suspicion of being concerned in taking your watch? - Yes.

Had you any knowledge of the prisoner Connelly before? - Never; I never saw him before that day, in my life.

He immediately went with you into a shop? - Yes.

He was searched, and your watch was not found? - Not found.

Though he was searched instantly? - He was searched instantly.

Do you know how long it was after Connelly was actually in custody, and after he had been searched before the other prisoner, Dodd, was taken into custody? - That I do not know.

Some two or three hours peradventure? - That I cannot tell.

I observe, that with the propriety and caution that becomes a man in your character in life, and your education, and your cloth, you said that you verily believed, that from all the circumstances together, that he was the man that took your watch? - I verily believe it; I did not see him take the watch from me.

How long time had elapsed, from the time you felt your watch go, to the time you said to Connelly, Sir, you have got my watch? - I suppose, not above two minutes.

This was at noon day? - A little after two o'clock.

You had had with this man in the court, some conversation; some altercation passed? - Not a word; it was with another man behind me; a tall stout man.

Was the prisoner Connelly thoroughly searched; and had you any idea, that he, at that time, after he was searched, had the

watch in his possession? - I do not believe he had.

So that he was searched enough to exclude the possibility of that? - I should think he was.

ROBERT NEWMAN sworn.

I was going with the procession with my lord mayor, to St. Bride's Church; I cleared the way; there was a great mob the corner of Shoe-lane; and as I was clearing the way, somebody came and asked me if I was not a constable? I said, yes; he took me into the silversmith's shop; and Mr. Edmison said, this man, Connelly, had robbed him of his watch; the prisoner was then present; I searched him from top to toe, and found no watch at all upon him; I found a pocket-book with a fifteen pounds bank note, and two or three receipts, which proved to be his own; I did not find the watch; however, Mr. Edmiston gave me a positive charge that he had robbed him of his watch, and attempted his fob once or twice; and he gave me his name in writing: I took him to the Compter.

Mr. Garrow. Mr. Newman, your own expression was, that you searched him from top to toe, and searched him directly? - Yes.

Did the clergyman give a positive charge of him, notwithstanding that? - Yes.

He did not say he believed him to be the person? - No; he gave a positive charge; and more than that, wrote his name.

DANIEL EDWARDS sworn.

On Easter Monday I was coming in the procession from St. Bride's, between Fleet-market and the Bell-savage; I was called upon

"Edwards, you are wanted, here is

"pickpocket;" with that I went and took the prisoner Dodd; I searched three before I searched him, at least; I know nothing about Connelly; he was not present then; he was in prison before that; I had no concerns against Mr. Connelly; I searched Dodd in the street, upon the pavement, between Fleet-market and Ludgate-hill; I was called; Dodd was charged as a pickpocket; in searching him, I found this watch upon him, which the gentleman swore to.

Was Mr. Edmiston there? - No, Sir, he was not there.

What time was this? - It was between four and five, as they were coming from St. Bride's: I did not know whose watch it was, till the prisoner was before the Alderman, Sir James Sanderson ; and then I produced the watch; and the clergyman, Mr. Edmiston, was there; he described the watch; he mentioned the number of the watch, and where it was made at Liverpool; he swore to its being his; the watch is here.

Mr. Edmiston. It is my watch; I have no doubt in the world.

Mr. Garrow. What time did you find it? - About half past four, when the procession was all over.

JAMES JOCELYN sworn.

I belong to Guild-hall; an assistant to the officer: I assisted Newman to take Connelly into custody. On the 5th of this month, which was Easter Monday, as the procession was coming back from St. Bride's. I observed Dodd and several others hustle several people; I sent for Edwards; we searched him; and under his arm we found a handkerchief; and I observed him shuffling down by his side; and Edwards put down his hand, and brought it out; he asked him where he got it? and he said it was his own property; that I am sure of; when we were taking him to the Compter, he said in Paternoster-row, it is not my own property, I found it; the next day, when he was brought before the gentlemen, the watch was produced, and it appeared to be this gentleman's.

Mr. Garrow. He was three different days before the magistrate, and at last committed on suspicion?

Prisoner Dodd. If I said it was my property, I thought it was my property, for I found it.

PRISONER CONNELLY's DEFENCE.

I was going into the city on Monday morning, about some business, to a wharf where was a kit of salmon to be left for me; it was not there; but coming back from the city, the coach was turning down St. Bride's-lane; curiosity led me to stop a few moments, as I did, and many thousands more, to look at the coach and the procession: I had not stopped many minutes, before the prosecutor said, Sir, you have taken my watch; good God! Sir, said I, I am surprised at that; if you will step in here, to any shop, I will satisfy you I have not got your watch; the gentleman in the goldsmith's shop, sent for an officer to search me; there was nothing found upon me, but a fifteen pounds note, and six guineas; the gentleman said to me, can you get my watch? I said, good God, Sir, it is impossible: Sir James Sanderson sent down one of his marshalmen to know if I had been at the house at which I represented; my property was stopped, which was a pocketbook containing a note: Sir James was satisfied, and he returned me my pocketbook.

PRISONER DODD's DEFENCE.

Being Easter Monday, I went to see the children walk, and found a watch in the street: these men saw me in the street, and they took and searched me, and found the watch in my fob; they took me to the Compter, and brought me before the Alderman, and I was committed.

JAMES PAGE sworn.

I have known Connelly five or six years; a very good character; I never heard otherwise; I attended before Sir James, in order to satisfy him of his character.

How does he get his livelihood? - I believe he keeps a coffee-house (I understand so) in Martlett's-court, Drury-lane.

Can you state as a fact, on your oath, that you know he keeps a coffee-house now? - I understand he does; I was there, and drank a gill of wine with him twice.

The prisoner called three other witnesses who gave him a very good character, and said that he kept a coffee-house in Martlett's-court.

The jury retired for three quarters of an hour, and returned with a verdict,

ARTHUR CONNELLY , JOHN DODD , -

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17900424-93

422. RICHARD RUSHING was indicted for stealing one ewe lamb, value 1 s. the property of Joseph Ekins .

JOSEPH EKINS sworn.

I have sheep walks in the parish of Finchley : I lost a ram, and ewe lamb. I went to John Wells 's house; I found almost three quarters of the lamb cut out; his wife asked me what I came for? I told her she would know by and by; I came to search the house; I suspected he had robbed me; the prisoner's lodgings are very near where I found it.

JOHN HOWARD sworn.

I am headborough of the parish of Hornsey: Mr. Ekins brought me a search warrant; I went, and found there was a young man brought to Highgate, John Wells ; we found the lamb in Wells's house; it was an ewe lamb; the prisoner lodged in Hornsey, at John Burr 's; I went up stairs, and searched under the bed: Mr. Ekins said to me, here is the wool; and his wife then said, I know what you are come upon; and she then pulled out from under the table, three quarters of a lamb in a pan; Mr. Ekins took the lamb away; I took the live lamb in my apron, and marked it; I took the prisoner; he was committed.

Was you present when the lamb was turned down to the other sheep? - Yes; I desired them to turn five ewes in, and I picked that lamb out.

JOHN WELLS sworn.

I bough the ewe lamb of Richard Rushing , on Sunday evening, about eight; I gave him one shilling, and share of a pint of beer.

How old is the lamb? - As far as I understand, it was about ten hours old.

Was any body present when you bought it? - Nobody but my wife and child; she is not here.

What is it worth, do you think? - I am afraid I gave the full value of the lamb.

WILLIAM EKINS sworn.

On Saturday afternoon, between three and four, I went down, and saw this man jump out of the sheep-house; I looked in, and saw the head of a lamb, and the entrails and pluck; it was my uncle's sheep-house; I looked a little farther, and saw the carcase hanging up; and the skin was concealed in truss of straw; I saw three quarters of a carcase afterwards, which I can speak to with certainty, being the same I saw in the sheep-house; we have the skin here.

By what mark do you know this skin, so as to be certain it was your lamb's skin? - Yes, I saw it afterwards; (the skin produced;) this is the skin that was found on the truss of straw.

ELIZABETH LEMAN sworn.

I was going down, and saw a lamb hanging in Mr. Ekins's sheep-house; and I did not see the prisoner there; I know nothing of him.

Prisoner. I have nothing to say.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17900424-94

423. JAMES PHEALEN and THOMAS MULLINS were indicted for stealing, on the 4th day of March , a linen towel, value 10 d. and two cotton doyleys, value 10 d. the property of Alexander Annesley .

(The witnesses examined separate.)

ALEXANDER ANNESLEY sworn.

I live in New Bridge-street, Black-friars . On Thursday, the 4th of March, my wife and myself spent the evening at a neighbour's in Bridge-street; and between twelve and one, I came home; one of the women servants, with much anxiety, informed me Mullins had a man locked up in the pantry; and I went down in the hall, and found my servant , Mullins, near the door; I told him he was charged by the servants, with having a man locked up in the plate closet; I do not recollect his particular answer; but he stammered a good deal; and I drew a sword, and insisted on his giving me the key of that closet, which he did with some reluctance; with the other hand I opened the street-door, and called the watch, and gave him in charge of the watchman: the patrol then came up, and I took him down with me where this closet was; I left him in the hall with the watchman, and went down with the patrol, Bernard Bogle ; I unlocked the closet, and there I found the prisoner Phealen; we dragged him out, and searched him; and he had in his pocket one of my towels, which one of my servants will swear to; several pieces of cord, and some corks; we then searched the trunk of my servant, the prisoner Mullins; and found two cotton doyleys, which my servant will also prove; after that, I sent them to the watch-house; I cannot speak to either of the doyleys, or the towel; I do not recollect what he said; if I recollect right, he said he was a man of character.

ANN CULLINGHAM sworn.

I am cook to Mr. Annesley. Mr. and Mrs. Annesley went out to spend the evening, on the 4th of March, and left three servants to take care of the house; there was Thomas Mullins , and Elizabeth Kearsley,

and me; near nine at night, Mullins was going after a pair of shoes; and at eleven, he returned, and brought James Phealen in with him; he asked me if my master was come home? I told him, no; he went down into the kitchen with the man, and eat his supper; and after supper, the man and he went into the pantry together; we all four supped together; in the footman's pantry there is a closet where the plate is kept; there is a passage from the kitchen to the pantry; after being there a while, the footman said he must go after his mistress at twelve; he took his hat, and went part of the way up stairs; I asked him if the man was gone out? he answered, yes.

Court. Are you sure he answered yes? - Yes.

You have no doubt about it? - None at all; I asked him which way he went; I did not hear the door; he turned back again, and I perceived him taking a hat off the dresser; he had his own hat before; I looked to see which way he went with it; he took it to the pantry, and put it under a chair; I took no notice; but after he was gone, I took the hat, and carried it up to my fellow servant: when my master came home, I went to the door; I was very much alarmed; I told my master to go up stairs to Elizabeth Kearsley , who would inform him of something, as I was afraid of informing my mistress, who came home with my master in the carriage; my master went up stairs, and came down with a drawn sword, called the watchman, and took the prisoner Mullins into custody; then they came down, and took Phealen out of the plate closet; I held the candle; the prisoner Phealen is the man; he was searched, and a towel was found in his coat pocket; then they took them both away to the watch-house; I saw Mullins's chest searched the next day; and two clean doyleys were found in it; they were my master's, as my mistress said; he has two dozen the same pattern; the prisoner used to put them among his foul linen, to be washed; I do not know that any were missing; the box was opened with the other maid's key.

ELIZABETH TOWSLEY sworn.

I am called the upper servant: the other servant came up stairs, and brought me a man's hat, and desired me to inform my master that a man was locked up in the closet; and asked me to go down and listen; I did so, and rather perceived I heard somebody breathe in the pantry; I went up stairs again, and the other servant came down; when my master came in, the other servant sent him up stairs, and I acquainted him of it; he asked me what was the matter? I told him there was a man locked up in the pantry, which the man had put there: my master went down, and took a drawn sword in his hand; the other servant was washing; Mullins tried to run out of the house; my master stopped him; my master called the watchman and the patrol; they went to the pantry, and with a deal to do, they got the key out of the man's pocket: I did not see the prisoner Phealen taken out of the pantry; he was taken out of the house, and both taken to the watch-house; nothing more was done that night: the box of Mullins's I opened the next day, about twelve, with a key I had from the shelf; no box was opened that night; I took two doyleys out; they were new doyleys.

Mr. Garrow. Do you mean they had never been used at all? - They had been laid on the table twice, but no more.

Then they had not been washed? - No.

Were they clean, or dirty? - They were clean.

Were they your master's property? - Yes; because I know they were what was belonging to two dozen.

How do you know they were the same? - Because I had the care of them.

Are they the same figure as the others? - Yes.

Did you ever look to see if your two dozen was compleat? - Yes; but before, and after, there were two missing.

When were these two discovered to be missing? - About three weeks before.

Mr. Garrow. You locked the box? - Yes.

Where did you find the key? - The key lay on the shelf.

Whose key was it? - It was the key, Sir; I do not know whose key; it was in a drawer where we keep a parcel of old keys; it is not my key.

BERNARD BOGLE sworn.

I am patrol of St. Ann's, Black-friars. On the 4th of March, at half past twelve, I was going my rounds; there was an outcry for the watch and patrol: Mrs. Annesley desired me to go into the kitchen: I found Mr. Annesley there with a drawn sword in his hand; he said somebody was locked up in the pantry; which was the prisoner Phealen; I saw him taken out of the pantry; he had a towel, and a handkerchief, and three pieces of bread, and a parcel of twine; I saw the towel taken out of his pocket: Mr. Annesley owned it; the prisoners were both committed on suspicion of felony; I never saw any doyleys taken out of his box.

Prisoners. We leave it to our counsel.

The prisoner Mullins called six witnesses; and the prisoner Phealen called one witness who gave him a good character.

BOTH GUILTY, 10 d.

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17900424-95

424. CHARLES MANNING was indicted for stealing, on the 7th of April , a wooden box, value 6 d. seven pair of cotton stockings, value 14 s. two cotton gowns, value 20 s. the property of Adam Finch .

MARGARET FINCH sworn.

I am the wife of the prosecutor; he is a private soldier in the eleventh regiment of foot; he lost a box from the Queen's Head, Billinsgate , out of the tap-room; I saw the prisoner take it; I was giving my child something to eat: the prisoner and one North said they would take me to Graves-end; but the boat was not fit; and they took my box; I got a pint of porter in a bottle, to take down with me; they never returned; we found the box broke open, at Rotherhithe, about two miles off; here is the lid of the box; I never saw the prisoner before.

ROBERT ABBOTT sworn.

This is the lid of the box I carried down to Billinsgate for this woman.

JOHN CREW sworn.

This lid of a box was found in a lighter, below Rotherhithe Church, between seven and eight in the evening; I cannot tell the day.

Court to Mrs. Finch. Was it brought in the same night you lost it? - Yes.

WILLIAM MARSDEN sworn.

On Wednesday, the 7th of this month, I saw the prisoner and some more drinking at the Queen's Head, next the water side; I know the prisoner; he is a waterman.

PRISONER's DEFENCE.

I leave it entirely to your lordship, and the Almighty God; I am in very bad hands; I would wish to lay the case down, if you will give me leave to say a few words: to speak. I was in at the Queen's Head; and this woman had a box to carry down to Gravesend: a man applied; it was a Gravesend man: he asked me if I was a waterman? I said, yes; he brought the box down to me in a boat; I took the box in the boat; I only went to the house, to see if the woman was coming down; and before I got down again, the boat was gone.

Court to Marsden. Had you any difficulty in finding the prisoner? - The runners took him that night.

GEORGE MARSHALL sworn.

I am a waterman: I saw the porter deliver the box to the waterman, and saw him put it on the boat's sitting board, and then got out of the boat to call another man to go with him; the mean while, the other man came into the boat, and went away with the boat and box too; directly after, the prisoner stepped into another boat, and rowed after him.

RICHARD PAUL sworn.

I am a porter: I went to Ratcliffe, and saw the prisoner, and a man with him; I knew the prisoner before; they had three large bundles about four that afternoon; one was in a black Barcelona handkerchief, the other in one like this round my neck; after I had had my beer, and smoaked my pipe, I went to Billinsgate.

Court to Mrs. Finch. What time did you deliver this box? - Between two and three; the man looked like a waterman.

GUILTY .

Transported for seven years .

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

Reference Number: t17900424-96

425. MARY OLIVER was indicted for returning from transportation, and being found at large, without lawful cause, before the expiration of the term of fourteen years .

RICHARD SANDERS sworn.

On the 1st of February, I apprehended the prisoner; she is the woman; I took her to the office; and on searching her, I found this letter, and some duplicates, and some stuff for colouring bad money; there was no bill found against her; she was discharged the 1st of March.

WILLIAM SMITH sworn.

On the 3d of March, I received information that the prisoner made her escape: on the 6th of March, I apprehended the prisoner in Rosemary-lane , in company with one William Smith ; I took her before the magistrate; I know her well; she abused me, and beat me when I took her.

Prisoner. That man was convicted at the same time.

Court to Smith. What was you convicted of? - I was capitally convicted at Maidstone; I had the secretary's letter of pardon.

ROBERT STEPHENS sworn.

I am servant to Mr. Watson, keeper of the prison at Maidstone; I remember seeing the prisoner at Maidstone gaol; she was tried at Lent assizes, 1787; I saw her at the bar; she was tried for shoplifting, and capitally convicted, and a man with her; I know her perfectly well: she robbed Mr. Christopher Dobson , of Greenwich; she was afterwards transported; I put her into the coach, April, 1789; I did not go with her; I do not know where the ship was going; it was a ship for that purpose; it was not one of the hulks.

Court. When is the order dated? - The 19th of March, 1787.

Prisoner. I have nobody but the great God, and you, and three small children; my transportation was seven years.

Court. Gentlemen of the jury, you must acquit the prisoner: for the certificate does not agree with the indictment; the indictment charges, that the said prisoner, before the expiration of the said term of seven years; now it turns out upon the certificate, the order was, that she should be transported for fourteen years; that seems to me a flat objection to the indictment.

NOT GUILTY .

Ordered to be remanded to her former sentence.

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17900424-97

426. WILLIAM POMELL was indicted for stealing, on the 17th of March , fifteen knots of black silk, value 30 s. the property of Andrew Lovell .

Andrew Lovell and Daniel Stilwell called on their recognizances, and not appearing, the prisoner was

ACQUITTED .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17900424-98

427. JAMES BOSWELL was indicted for stealing, on the 21st of February , one tin oil kettle, value 5 s. and seven quarts of oil, value 3 s. the property of Dorothy Rutley .

DOROTHY RUTLEY sworn.

I am a tin-plate worker, and lamplighter : I lost the property.

GEORGE TREADWAY sworn.

I am a lamplighter: I lost the kettle and oil; I lost it the 21st of February.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17900424-99

428. WILLIAM CLARK was indicted for stealing, on the 27th of February , four shillings and six-pence in monies numbered , the monies of Robert Dyde and Achilles Scribe .

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17900424-100

429. ELIZABETH HENDON was indicted for stealing, on the 25th of March , nine silk handkerchiefs, value 18 s. the property of Letitia Jukeley .

LETITIA JUKELEY sworn.

I am a lodger, No. 6, Market-street, May-fair , up two pair of stairs: I never saw the prisoner before; I went down stairs, and left my room door open; coming up stairs, I stopped to give the lodger on the first floor, some water in a kettle, and waited a little; I said I thought I saw a shadow come down stairs; and the prisoner was on the stairs; I asked her who she wanted? she said, Mrs. Phillips; she went down stairs; I followed her, and found the property under her arm, which was nine new silk handkerchiefs that had never been washed; I take in washing ; and I was to answer for the property; they are all in one piece, G. H. No. 10, upon every handkerchief: they belong to Colonel Houghton; she said she found them in the passage, and thought they were Mrs. Phillips's property; so she came up to enquire for her; but she did not speak to Mrs. Phillips; I was going to wash; I had laid them in the room; I had not brought them down stairs.

ANN PHILLIPS sworn.

I went out of the room on being asked for: I asked the prisoner what she wanted with me? she made no answer, but went down stairs; I never saw her before: Mrs. Jukeley followed her down stairs, and shook her cloak, and the handkerchiefs dropped out; I picked them up, and gave them to Mrs. Jukeley: (produced and deposed to:) John Thompson came up stairs at the time.

JOHN THOMPSON sworn.

I was called up these stairs, and the prisoner was there; the handkerchiefs had been found; those are the handkerchiefs.

PRISONER's DEFENCE.

The woman sent me of an errand; she desired me to go up stairs to Mrs. Phillips; I did not know her; I went up stairs to her; a woman met me on the stairs, and

gave me that handkerchief; and said if I would follow her, she would give me a shilling and a pint of beer, for my trouble.

Prosecutrix. There was nobody else on the stairs.

GUILTY .

Fined 1 s. and imprisoned six months .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17900424-101

430. ABRAHAM JOSEPH BAERT was indicted for feloniously forging an acceptance on a certain bill of exchange, for the sum of thirty-six pounds eleven shillings, dated January the 14th, 1780, purporting to be the acceptance of Robert Syratt , with intent to defraud Thomas Tapp and James Aldred .

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

A third and fourth Counts, for forging and uttering the same, with intention to defraud Robert Syratt .

(The witnesses examined separate.)

(The case opened by Mr. Silvester.)

THOMAS TAPP sworn.

I am in partnership with Mr. James Aldred ; I live at Whitechapel, No. 98; I am a linen-draper : I have known the prisoner, I believe, about two years, or a little better; he was a wax-chandler ; he did live in Russel-street, Covent-garden; then in Suffolk-street; we had dealings with him for two years; in January last, he applied to have some dealings, by a letter which I received the 26th; I know the hand writing; it is his; he was considerably in our debt at that time; he had a conversation with my partner, which is alluded to in that letter; both me and my partner had frequent conversations with him; there was a bill of exchange in the letter; the body of which I believe to be the handwriting of the prisoner; it is for thirty-six pounds eleven shillings; in consequence of the bill being inclosed, I sent the prisoner the goods he wrote for; I know nothing of presenting the bill; there was another letter sent when I was absent, which is also the prisoner's hand writing; my partner gave it me.

Mr. Garrow. Were your dealings with the prisoner to a considerable amount? - They are to a considerable amount.

To what amount in a year? - I cannot recollect; they may be two or three hundreds a year.

What was the nature of your transactions? - He purchased goods of us; linen and cotton.

Had you any regular stated time of credit? - Yes; we gave him four months upon some; and on others, six.

In the course of two years, of course the time of payment came round more than once? - Yes.

Had he ever made you a payment by bills before? - Yes, Sir, repeatedly.

Did it ever happen to you before, to have an acceptance of Mr. Syratt's? - I have searched our bill-book, and I do not find we have.

Did you know Syratt at all? - No, Sir; I never saw him before this business.

When the first bill came into your possession, which is dated the 14th of January; and the letter, in which it is inclosed as the 26th; and at three months date; and had about ten weeks to run, did you on receiving it, make any enquiry who the acceptor was? - We did not.

You took it upon the credit of Mr. Baert, relying on it, that it was a good bill, and that it would be paid in course? - Relying on the prisoner: as to the acceptor, we knew there was such a person.

At what distance of time, after the 20th of January, did the prisoner become a bankrupt? - I believe, about a month afterwards.

At that time, did the prisoner owe you any money besides thirty-six pounds eleven shillings? - Yes, about four hundred pounds.

Did you hold any other securities besides this bill? - No other.

After that time, it was, I take it for granted, you then set yourselves to enquire into the solvency of the acceptor? - Yes.

On your enquiry as to the solvency of Syratt, I believe your hopes of payment were not increased? - No, Sir, not from what we learnt concerning that bill.

As to the general credit of Syratt, did it stand high, or otherwise? - High.

Did your house purchase some goods of Syratt? - Some person by my order.

What was his name? - Hamilton.

You never had any dealings with Syratt before? - Not at all.

To what amount was Hamilton directed to buy goods? - To about the amount of the thirty-six pounds bill.

Then you did not make application to Syratt, to know whether it was his acceptance, or not? - No, Sir, because we had no doubt at that time, but it was his acceptance.

You did not tell Syratt that your house had a bill for such a sum, and that you wanted to take goods for that sum? - No.

You never questioned him as to its being his acceptance? - No.

Mr. Syratt, like all other insolvent men, did not like to be paid in his own coin? - I cannot tell.

He then denied the acceptance for the first time, as far as you know? - He did.

Mr. Syratt is not yet a bankrupt, that you know? - No.

Do you know whether the prisoner and Syratt were in the habit of accomodating one another with their acceptance? - I do not know; I never gave any accommodation before.

The letter read, addressed to Mess. Aldred and Tapp, No. 98, Whitechapel.

"Mess. I make no doubt but you are

"informed of my conversation with Mr.

"Aldred, last Sunday; and you are agreeable

"to it: I told him, I might, perhaps,

"want some pieces in the course of

"this week; but I should endeavour to

"postpone it; they sent me word yesterday

"evening, I was to carry some pieces;

"so that I am under the necessity of begging

"you the favour [something tore off]

"by bearer, five or six pieces, from two

"shillings and two-pence, to two shillings

"and eight-pence per yard: you will find

"here inclosed an acceptance of Syratt,

"due the 14th of April next, for thirty-six

"pounds, eleven shillings, which you may

"keep for your use. Yours, respectfully,

" ABRAHAM BAERT ."

"Jan. 26th, 1790."

Mr. Garrow. He not only sends his note, but he puts it in a letter, writing the date, and all the circumstances of it.

(The draft read.)

"Thirty-six pounds, eleven shillings.

"London, January the 14th, 1790. Please

"to pay to order, thirty-six pounds, eleven

"shillings, value received on account.

"R. C. Syratt, Berkley-square. Accepted

"R. S."

Another letter, addressed to Mess. Aldred and Tapp, linen-drapers, the Three Crowns, No. 98, Whitechapel.

"Mess. as I must have Syratt's bill,

"in order to discount, a few days before

"it is due; as you may not have the bill

"at hand, my request is, that you will be

"pleased to send me that by return of the

"post; your complying with that request,

"will greatly oblige yours,

" ABRAHAM BAERT ."

JAMES ALDRED sworn.

I am in partnership with Thomas Tapp ; we are linen-drapers in Whitechapel: I know the prisoner perfectly well; this letter Mr. Tapp gave me; it is the prisoner's hand writing; the conversation mentioned in it, was on Sunday, the 24th of January; the prisoner came to my

house; I told him I would not give him any farther credit, unless he paid some of the old account, or gave some further security; I went from home on the Monday morning, and returned in a week or ten days; I received this (the second) letter; it is the prisoner's hand writing.

Mr. Beth. How long have you been acquainted with Mr. Baert? - Two or three years; he has paid us four or five hundred pounds.

Did you give him considerable credit, to the amount of four or five hundred pounds; did not you view him in the light of an honest man? - At first we did, or we should not have trusted him to that amount.

Do you remember sending Mr. Hamilton to apply at Syratt's for some stockings? - Certainly; I sent him myself; I desired him to purchase to the amount nearly, or something more, of the bill appearing to be Syratt's acceptance, which I held of his.

Where did you wait till Hamilton came to you? - At the Queen's Head in St. James's-street.

And when Hamilton came, was there any goods brought? - Yes; Mr. Syratt's shopwoman, and a young man, came down with the goods; I know the young man.

What passed? - I offered the acceptance, to the best of my knowledge; whether Mr. Hamilton did it, or me, I do not recollect.

When the acceptance was offered, what did the maid say? - She said she should not leave the goods for that acceptance; and Mr. Syratt was sent for.

Did she want the cash? - She said she would not leave the goods without the money.

Did not you desire Mr. Hamilton to offer cash for them, in the shop? - Not to offer cash; because he was not to pay for them till they came; I certainly meant to offer the bill for payment; the young man who came down with her, was dispatched back again for Mr. Syratt; and he took the bill with him; and Mr. Syratt came down, and denied the acceptance.

Was you afraid Syratt would not stand his ground? - My reason was; I certainly wished to get the amount of my bill, when it was doubtful; I did not know it was good.

Did not you consider it as a doubtful bill? - I did not know whether Mr. Syratt's affairs would turn out good or bad; I was not satisfied with Mr. Syratt's acceptance, certainly.

Do you know that Syratt is gone out of the way since that time? - Yes, he told me so; that he was at a lodging within the neighbourhood of Charing-cross.

SARAH NIXON sworn.

I have been servant to Mr. Syratt, three years almost; I have often seen him write: (looks at the acceptance:) I do not believe this to be his hand writing; I said so the first time I saw it: Mr. Aldred shewed it to me.

Mr. Garrow. Mr. Aldred shewed it to you at the Queen's Head? - Yes.

Court. Do you mean to say that the R. S. is not his, or that the whole is not his? - There is no part of his writing on the face of the bill.

Mr. Garrow. It is not at all like his writing, I dare say? - It must resemble it a little, or else it could not pass.

You was at Mr. Syratt's shop, perhaps, when Mr. Hamilton came for some stockings? - Yes, I was.

Mr. Hamilton did not tell you he had any bill of your master's? - No, Sir.

Was Mr. Syratt at home, himself? - No.

Who dealt with Mr. Hamilton? - I reached down some of the goods; and Mrs. Syratt served him.

So you was to go with the goods, and take the money? - Yes, Sir; I was to take a bank of England note.

Mr. Syratt was sent for on this? - Yes.

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

Reference Number: t17900424-101

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 APRIL, 1790, and the following Days;

Being the FOURTH 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 IV. PART VIII.

LONDON:

Printed for E. HODGSON (the Proprietor); And Sold by him, at his House, No. 14, White Lion Street, Islington; Sold also by J. WALMSLAY, No. 35, Chancery Lane; S. BLADON, No. 13, Pater-noster Row; and C. D. PIGUENIT, No. 8, Aldgate.

MDCCXC.

THE WHOLE PROCEEDINGS UPON THE

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

Continuation of the Trial of Abraham Joseph Baert .

Do you know Mr. Baert? - Yes; I have seen him at his house, and spoke to him.

Do you know much of your master's dealings in trade? - Yes.

How long had Mr. Baert been acquainted with him; can you tell me? - Indeed, I cannot.

Where does your master live now? - In Berkeley-square.

And always continued to live there ever since? - Yes, always lived at home for the last three years, unless his business called into the country.

Had he ever a country lodging at Charing-cross; it is a rare atmosphere, especially when the fogs from the Thames arise; how long is it since he had that lodging? - I do not know, I am sure.

Try, try; at the time, I suppose, when every body goes into the country, in the middle of winter? - Every body is liable to go into the country.

Now, did not your master go into the country in dog days, in January last? - I cannot recollect that he was in the country in January.

Upon your oath, has he not had a lodging some time since, at Charing-cross? - Yes.

How happens it now, that your memory was so frail, as to fancy that he had lived at home always, the last three years? - I did not know what you said; I believe he was down at Charing-cross.

How long had he that lodging? - Indeed I cannot recollect.

How many weeks was he absent from home; from Berkeley-square? - I am sure I cannot recollect.

Try, try; I would not hurry you for the world; but I must have an answer; why you used to go backwards and forwards to him? - I am sure I cannot tell how many weeks.

When did he first take that lodging? - Indeed I cannot tell.

Was it before or after last Christmas? - It was after last Christmas.

Was it before or after Mr. Baert became a bankrupt? - I believe it was afterwards.

How soon after? - I am sure I cannot tell.

Was it before, or after these stockings were bought at your master's shop? - I believe it was before.

Was it before or after the 14th of January? - I believe it was afterwards; I think so.

How long was he there? - I cannot recollect how long.

How long was it after he was arrested, that he went to live there? - He went there directly after he was arrested.

In the verge of the court? - I believe so.

Who arrested him? - I am sure I do not know his name.

Where does he live? - I have heard, but I do not remember.

What was the amount of the debt? - I have heard, but I forgot; it was not a large sum.

Do you know how that debt arose; whether it was upon his acceptance, or not? - That I do not know.

After your master had been arrested, he went into the verge of the court: how long did he continue there? - I cannot recollect.

He used to come home of a Sunday, did not he? - Yes, I believe he did.

And go back on a Sunday night? - Very likely.

Do not you know he did? - Yes.

How many Sundays did he come to his family, and go home at night? - I do not know.

About how many? - I believe it was not more than a fortnight.

Had he any reason for going there, but for the benefit of the air? I believe this is the gentleman that took the action out? - He was not arrested.

Then he smelt powder, and went away without being shot; does your master live at home now? - Yes.

How long has he been returned to Berkeley-square? - I cannot recollect how long.

Have any of his bills been presented, that have not been paid? - Yes, I believe they have.

When, for the first time, did he begin to have his acceptances refused? - Soon after Mr. Baert became a bankrupt.

How often, think you, have you been obliged to deny the payment of your master's bills, since Mr. Baert could lend him no longer his acceptance? - I can't tell how many; but Mr. Baert was the cause of it; because Mr. Syratt has lost a great deal of money by him.

What bills were refused payment? - I cannot tell; nor to whom given; or for what sums; he has had no more but these two.

Let us hope not: how long has he been come home? - Indeed I cannot recollect.

How long is it since he got a letter of licence from his creditors? - I do not know.

How long is that to last after he has hanged Mr. Baert? - I do not know.

Do you know whether Mr. Baert accepted any bills for your master? - I believe so; I have heard so.

Do not you know that he accepted several bills without money being paid to him? - I do not know; but I heard so; I never saw him.

Do not you know that he accepted to a great amount for Baert; and that Baert accepted for him? - I have heard so.

How long has your master left the verge of the court, to come home? - I cannot recollect.

You have been a witness before? - It is a new thing.

Was you never a witness before? - I once was a witness; only once (a man bought a pair of gloves) to prove a stamp was not in, before a justice: I cannot recollect any other time.

Try; within these three years? - I do not recollect; I never was a witness to any thing but that.

Do you mean to swear that? - To the best of my knowledge, I think I was once

a witness for Mr. Syratt; that was about these glove stamps.

How long is that ago? - I cannot recollect; I believe it is more than a year ago; I am sure I never was but twice a witness before.

Positive? - Yes.

JOHN WRIGHT sworn.

I am a hosier: I live in Milk-street, Cheapside: I have known Mr. Syratt four, five, or six years; I have frequently seen him write; I should not have known it was not his hand writing, if I had not compared it with some I had.

Mr. Garrow. That is no evidence.

Have you seen a good deal of Mr. Syratt's paper? - Not a great deal of it.

Have you the misfortune to have any of his bills over due? - Yes, about one hundred pounds; one due in January, February, and March; bills accepted by him, for goods sold by me to him, and again sold by him.

You have applied for your money? - Certainly.

And could not get it? - I could not get it.

ROBERT HENSHAW sworn.

I am a hosier at Nottingham. I know Mr. Syratt; I have seen him write; I believe this is not his hand writing.

Mr. Garrow. Did you deal with him? - Yes; he owes me one hundred pounds on bills.

Are any of them due? - I think they are.

Do not you know? - Yes: one, I think, was due the 18th of this month.

Any of them earlier? - Yes.

What is the earliest? - There is another last month.

None in January? - I cannot tell, without I look; the first is the 18th of February, for forty pounds; I paid it away; it came back to me, and I was obliged to take it up; the next is the 18th of March, for forty pounds; that has been through a good many hands; the next is April, for forty-three pounds, seven shillings, and threepence.

That you was obliged to take up? - I had not paid it away.

Where does Mr. Syratt live? - In Berkley-square.

You do not know of his country lodging at Charing-cross? - I believe he never had one; for he never told me that he had.

WILLIAM MEE sworn.

I am a hosier, in Wood-street, Cheapside. I have known Mr. Syratt four or five years; and have had several of his acceptances; I have seen him write; I should not think this to be his acceptance.

Is it a good deal like it? - It is.

Mr. Garrow. Does not every man write different at different times? - I believe every man does.

Do you chance to have any of Mr. Syratt's paper in your possession now? - I have not; I think I have not had a bill in my possession of his, for six months.

THOMAS BROOKWAY sworn.

I am a hosier, in Broad-street, Bloomsbury: I know Mr. Syratt; I have seen him write; I believe that is not his hand writing: it is something like it in some of the letters; I have some of his acceptances; more my misfortune; they are past due.

Why, is not he a man in credit? - I do not know that; I have but one now.

Not a large sum? - Fifteen pounds.

When was it that he could not pay his bill of fifteen pounds, that was presented? - Why I believe it was the fifteenth of this month.

That is undoubtedly his acceptance? - Yes.

I would have you burn it, for he will indict you for forgery, if you do not? - That is my chance, you know.

ROBERT SYRATT sworn.

(His release produced.)

The release is by James Aldred and Thomas Tapp ; it is to Mr. Syratt, of all

claims that these two persons have, and ever had, down to the 17th of April, against Mr. Syratt.

Mr. Garrow. If I was to follow the instructions I have received, in the hand writing of the unfortunate foreigner at the bar, containing a great number of very important subjects of cross-examination of Mr. Syratt, undoubtedly I should wave the objection I am about to state; but standing here in any case, but peculiarly in a case of a man unacquainted with the jurisprudence of this country, it seems to me, I should very much disgrace the situation to which I belong, if I did not object to Syratt's testimony. The page of the law of England speaks it in every line; he is the acceptor; he is, and he always must remain, liable to pay the whole: his being prepared with a release, in order to establish the competency, marks that he was not before, a witness; how then can this release alter the objection? first, on the face of the release I insist on my objection; then supposing it to have contained any thing that the ingenuity of man can devise, and to be couched in any form of words; I say, that without other parties, and particularly without the prisoner at the bar, it is impossible to make him a competent witness: first, Mr. Syratt has released all claims against him; but this bill still continues, and still has a binding force. The two parties, Tapp and Aldred, have released their claim; but the assignees have not; this bill appears to have been proved under the commission of the present prisoner; the acceptor remains always liable; and in the hands of the bankrupt's estate, is liable against Mr. Syratt; which as long as his name and his signature continues, is binding against Syratt: take the case to be (as I am bound to take it) that this is the genuine acceptance of Mr. Syratt; that this is a good and bona fide transaction: in the first place, the estate of the bankrupt has a right to recover, as against Mr. Syratt, where that estate should have released; but the prisoner has an interest superadded, which no power upon earth can force him to release; I should contend to day, he must release; you know the bankrupt is intitled to his share of the overplus; therefore, till he does receive his certificate, unless he has released that acceptance, this paper, for the benefit of the bankrupt, continues to be liable to Mr. Syratt. It may appear strange, that I, who am an advocate for the prisoner; and have to take care of his life; and that although mine is not a long experience, yet it has been a busy experience; and I have seen much of the practice of others much abler than myself; and I have practised a little here also; and I have had the good fortune, I thank God, to do it with some success: and I remember a case before one who is intitled to rank in the list of judges, of great experience; I mean your lordship's late predecessor. I remember a case, in which Mr. Jacques was the defendant, for forgery; it was imputed to him, that he had forged the acceptance of a bill of exchange; the name at full length, standing prominent in the face of the paper; I remember, in that case, there was no bankruptcy intervening; and he had the hardiness to deny, that that which was written at full length on the paper, was his hand writing: I know that very accurate and able judge put it to my learned friend and me, whether under all the circumstances of that case, we thought it decent and fit to ask for a verdict? My lord, shall it be said, in courts of justice, that upon the initial letters of an insolvent man, pressed and borne down by his own insolvency, obliged to abscond; shall it be said, to the disgrace of the laws of an English court of justice, that a foreigner shall be doomed to death on the testimony of a witness who can only say, I believe this was his hand writing; if so, those will be the safest, who are the poorest; poverty will be the only security; because, every man who has the acceptance of a bad man (if he will alter, flourish, or write the letter of his name differently) any man may be doomed to death on testimony like this: I know the jury are above it; I know their minds are superior to the taking in any such suspicion:

but you, gentlemen, for the sake of this man, who is by and by to go abroad, though a bankrupt, not a forger, I know, will decide as the impression of your honest minds tells you, the law calls upon you to decide. If my learned friend has the means of telling you he shall be a witness, I have no objection; if my learned friend can in-trench upon me; if he can raise a doubt in your minds, I desire, against the ordinary course of proceedings, that the prosecutor may have the benefit of it. I know Syratt will swear that it is not his hand writing; and I know that jury believe he will: if I dealt in bills, I dare say there are people who would be willing enough to bring me into that place; I am not anxious for the decision.

Mr. Silvester. I scarcely think that the Court will think it necessary to answer the position I contend for, which is, that the acceptor of a bill is a good and proper witness. As to the prejudice of the jury; no prejudice has appeared: as to observations, by way of inference to the jury, my learned friend is perfectly right in that, though not perfectly regular: the observation I mean, is, that it is argued, that no man can, or ought to be convicted on the testimony of the belief of mankind; that I take to be a fact to be left to the jury. In all cases of proof of hand writing, it can only be to the knowledge and belief of the party: if a person comes to swear it is no more than I have seen him write; and I believe it is not; but it must depend on the belief of the party, and the similitude it has to his usual way of writing. Now in regard to the objection which is made, that Mr. Syratt cannot be a witness; I should be glad to know how he is interested in this business: it is a bill of exchange drawn by Baert on Mr. Syratt; and accepted by him; but this is a bill paid by the prisoner into the hands of the prosecutor; he therefore parts with his whole title and right in it, by paying it over to the prosecutor of this indictment; he, therefore, has no claim whatever on any person; because he gives up all right and title to Mess. Aldred and Tapp, by paying it over to them; they being in possession of it, have a claim upon whom? upon the acceptor; that is his interest; because it is a promise by him to pay to the holders of this bill, Mess. Aldred and Tapp; these gentlemen say, knowing this to be a bad bill, we release you; we have no right, no title, no claim whatever on you, Mr. Syratt; then who can sue Syratt? would you apply to him? no person can; the holder of the bill has given a release to the person who is bound to pay it: having released the bill to the acceptor, he has discharged the bill to every other person; and another objection is, they, themselves have proved it under a commission of bankruptcy: say they, we admit this is evidence of a claim which Baert ought to pay. Mr. Jacques was tried here for forgery; and Mr. Griffin was produced here as a witness; but it turned out, that the ingenuity of Mr. Jacques had got another bill of the same date, of the same tenor and force; then it became a doubt which of the two bills were forged; and upon the witness saying also, that he would not say it was Mr. Griffin's hand writing, there cannot be a doubt in your minds, that this man is as clear and independent a man as can be produced.

Mr. Garrow. My lord, my learned friend has asked two or three questions which he thinks to be important; and which is the best way of argueing; he asked, how is Syratt to be interested? Is not he interested, if this is a genuine acceptance? is not he bound to pay it; he supposes that, which I press on the Court, as the foundation of my objection. We are entitled to say that this is a solvent estate; we are entitled to say that this gentleman may tomorrow receive his twenty shillings in the pound: there is no point more settled in the law of England; that as long as the bill continues in England, so long the acceptor of a bill of exchange must continue to be liable; though Baert's estate pays the bill, the assignees become intitled to receive the bill, to carry the produce of it to his estate; and he is interested in the surplus

of that estate; if not, undoubtedly the assignees of the estate would have released it: therefore the prisoner has an interest which is to attach after every other interest is satisfied; and which attaches not only on twenty shillings, but fifteen shillings in the pound. My learned friend says, the release of the acceptor releases every body else; I agree to it; but he must attend to the date; as if the holder of a bill, before it becomes due, will give a release to his acceptor, I shall never be able to recover it: but if after it is due, Baert demands to have this against Syratt, can any man say he shall not have the opportunity; the liability is not altered, only removed to a greater distance: first, the creditors must have their shares out of this; the next liability will rise after the claims of these creditors have been satisfied. And now with respect to Mr. Griffin's case, I am sure my friend's memory has failed him in that respect; my learned friend's memory has failed him in the forgery of Jacques; I think it is extremely probable that his accurate memory may mistake. Old Mr. Griffin swore positively it was not his son's hand writing: but that learned judge said, it is possible that a bad man may now and then alter his signature, in order, if he foresees a storm coming, he may deny his signature wheneever it shall be convenient; therefore, it was, that accurate judge put it to us, whether there was evidence to go to a jury: in this case I agree there is evidence to go to a jury: but the only question is, whether Mr. Syratt can be examined.

The Court was of opinion that the witness was competent.

ROBERT SYRATT sworn.

I live in Berkeley-square. I have known the prisoner Abraham Joseph Baert , since July last; we have had dealings together, and acceptances, since November.

When was it you left off accepting any bills? In December.

Look at that bill and acceptance? - It is not my acceptance.

Did you accept any bill of his on that day? - No, I did not.

Mr. Garrow. What way of business are you in? - A hosier.

In a very large way of business? - Not in a very large way.

How long have you been acquainted with the prisoner? - I was not acquainted with him till the beginning of July last.

Do you keep a bill book? - I do.

Have you got it with you? - No, I have not the regular bill book; I have an account of those bills.

Have you a bill book? - Not a regular bill book.

Have you a good many acceptances? - Yes, I have; I keep a small bill book, but not a regular bill book.

Mr. Silvester. This paper is all the hand writing of Mr. Baert? - That bill is not mentioned in this paper; he delivered it to me as his account.

When did he deliver this to you? - I think it was about the 10th or 12th of January.

Is the whole of it his hand writing? - Yes.

Was that before, or after you refused accepting any bills for him? - It was before.

It was before this bill of the 14th of January? - I think it was.

Did you examine the dates? - I think they were regular with my account; that account was delivered from the 10th, to the 14th or 15th, I am sure.

Mr. Garrow. And this closed all your transactions? - He had a parcel of goods on memorandums, which he fairly swindled me out of.

Now, at the time he delivered you these papers, there were none of your acceptances out-standing? - Yes, there were; they are all in that account.

I observe there are acceptances here, down to the 27th of April: is that so? - Yes.

Did you always give value for Mr. Baert's acceptance, or did you sometimes exchange your favour? - We never regularly exchanged: Baert had goods of me, but I never had any of him, except one parcel of candles.

To what amount, in your whole transactions, did you lend Mr. Baert? - I do not know exactly; I know what I am now liable to.

What is the extent of your transactions? - I cannot possibly tell.

Nor about how much? - About one hundred and eighty pounds (I think I come within twenty pounds, when I name that sum) there were, but not bills fairly accepted by me: Baert has accepted for me as much as one hundred and sixty pounds.

Have you any other bill book at this time except this? - Yes, I have, but not with me; because Baert's bill nor any accommodation bills were entered in it.

Were you never asked about it before the magistrate? - I was; that book is not here.

Upon your oath, did you never say you had destroyed it? - Upon my oath, I never did.

Upon your oath, did not you say you burnt it? - No.

Nor that the children had destroyed it? - No, Sir. I said, that I apprehended that the book was mislaid, and the children had got it.

Was it this book; when was this book made? - I cannot tell; in the course of the last year; I have the book.

How long have you had the book? - Rather more than a twelvemonth.

You began to enter into it, I suppose, as soon as you had it? - I do not know.

You never entered any thing in it since Mr. Baert became a bankrupt? - Nothing but some bad debts.

Is that your hand-writing? - This has been written very lately; that sum in 1784; I took them from another book.

And I see you was so pinched for room, that at last you was obliged to write on the cover of it, though there are a great many blank pages. How came you to begin your account with Mr. Baert in the middle of the book? - I cannot tell exactly what reason I had for it then.

You never make any mistakes in your accounts? - I might sometimes.

Here is a bill, at the bottom, of the 29th of December, twenty-five pounds ten shillings. - I scratched it out afterwards, because it was never used.

Whose bill was that of the 29th of December, for twenty-five pounds ten shillings, which was never used? - That I cannot tell, whether it was my acceptance or Baert's.

Did it ever happen to you to accept any other bills for him which were not used? - No, I do not recollect any other.

You continue still to live in Berkeley-square, and have done ever since? - Not entirely without interruption.

To what amount may your acceptances be in the world? - I cannot tell; there may be bills to the amount of five hundred pounds.

How long have you left your house, and lived at Charing-cross? - I lived there eight days; I went on the 12th of March.

Was that after Messrs. Aldred and Tapp had got some stockings from you? - It was after Mr. Baert's bankruptcy.

Do you happen to know a person of the name of William O'Brien? - Yes.

Did you ever give him any writing for his master of any sort? - Yes, I have.

The bills have been sent by William O'Brien for acceptance to Mr. Baert, and you have sent them back to him? - None of my acceptances since the end of December. William was there one morning with two bills; I returned them by William, and said, I shall see your master in the course of a day or two.

That was since the delivery of this account? - I cannot say.

Do not you believe that this forged bill is one of them? - I cannot say; I did not take any notice; I believe it might be one of those that Mr. Baert sent to me by his porter O'Brien: I was determined not to accept any more; I do not believe I did give O'Brien any answer to them.

You did not send him a written answer by O'Brien? - No, I did not; I did not write any thing in his presence.

You have seen the other bill on which the other indictment is? - I have.

Was or was not that the other bill that was inclosed to Mr. Baert? - I cannot speak to a certainty; it is very probable it was one of the bills.

It was some time after that before Baert became a bankrupt? - Yes, it was.

When did you first see the bill in question? - On the 6th of March, when it was sent to me in payment by Messrs. Tapp and Aldred; at first sight of the bill I took very little notice, but judged it to be a bill of thirty-seven pounds six shillings; and if it had been that bill, I should certainly have given the goods for it.

What did you first say about it? - I said I had been swindled out of a bill; I took very little notice of it; I had been very ill.

When did you first say it was a forgery? - I did not say to any body that it was a forgery till I went down and saw Mr. Hamilton and Mr. Aldred; I just spoke to Mr. Walker, I cannot recollect the conversation; then I went back and compared it with Baert's account, and found it was not the bill I intended to pay; but when I looked closely at it, I found it was not my acceptance.

At that time, upon your oath, had not you this bill in your hand? - I believe I had; I went back to my own house to compare it, and then I was well satisfied that it was a forgery.

Did not you add to it, that the only security you had for this bill was a dozen of candles? - I believe I told that to Mr. Walker.

Do you know a Mr. Hebden of Ironmonger-lane? - I do.

Did you make any application to him? - I did.

Did you not, in February last, apply to Mr. Hebden to accept a bill in which Baert was to be concerned? - I asked him if he would take Baert's acceptance; that was the 5th or 6th of February.

Did Mr. Hebden agree to accept it? - He did.

Did you or not apply to Mr. Baert to give you that acceptance? - I did.

Did Baert accept a bill for you in February? - He refused to do it, saying, I had refused for him; Hebden was to take it as money to the amount of forty pounds.

At the close of this account, how many bills were in Baert's hands unprovided for? - Three bills, to the amount of eighty-three pounds.

At the time you talked about swindling, did you suppose it to be this bill in question? - I supposed it was the bill of thirty-seven pounds six shillings. This twenty-five pounds ten shillings was drawn upon Baert.

(The bill read, and examined with the indictment.)

"36 11 s. - London, Jan. 14, 1790.

"Three months after date, please to pay

"to my order thirty-six pounds eleven shillings,

"for value, on account. A. J. Baert.

"Mr. R. Syratt, hosier, Berkeley-square.

"Accepted, R. S."

Prisoner. This bill of thirty-seven pounds six shillings was drawn in Mr. Syratt's shop, the 8th of December, in exchange of his; I accepted one for him of forty pounds, due on the 10th of March; it was on account of that bill that Mr. Syratt insisted I should accept another bill, to have Manchester goods.

So it could not be on his thirty-six pounds eleven shillings, for the other? - No, it was not.

To Syratt. Upon your oath, did that forty-pound bill, which he gave you, include that thirty-seven pounds six shillings? - I cannot say positively, I think not -

Prisoner. It is in my books.

Syratt. I believe it might be given in exchange of thirty-seven pounds six shillings.

Prisoner. Look in that paper, you will find the forty pounds and the thirty-seven pounds six shillings.

Court. How could you conceive this thirty-seven pounds six shillings to be a swindling bill, when this forty pounds was set against it? - Baert was a bankrupt at that time.

Do you mean to tell the jury that you was swindled out of it because the man was a bankrupt? - Certainly.

Prisoner. I want to see all my books (points to the bill book): you will find the forty pounds and the thirty-seven pounds six shillings.

WILLIAM O'BRIEN sworn.

I was a servant to the prisoner, Mr. Baert, about seven months; I know Mr. Syratt; I used to go on business respecting bills for my master: on the 6th of January, which was Twelfth-Day, I went to Mr. Syratt, carried a note sealed up; I cannot say whether he opened it, but he gave me an answer. I saw him at a distance writing; he was four, five, or six minutes; then he returned it me, and I carried it to my master.

Did he put what he wrote into the note? - I do not know.

I understand you can neither read nor write. - No, I cannot.

JOHN WALKER sworn.

I live next door to Mr. Syratt: all I know of this business is, that on the 26th of March a servant of mine was called on by a servant of Mr. Syratt's, to carry some goods; and when my servant came in, he was telling me a story about that sum: I was working in my shop: I happened to look up, and saw Mr. Syratt pass; he saw that I saw him, and stepped back; says he, Mr. Walker, what shall I do with this affair? What affair? says I; I know nothing of it. Why, says he, it is a bill I am swindled out of.

Had he the bill in his hands at that time? - No: says I, I thought you had been long enough in the world not to put your hand to a bill that you have not value for: says he, I have but a few pounds of candles for it.

Did he at that time suggest any thing of the kind that it was a forgery? - Not in the least; I never learnt it from him at all; I heard it by mere accident: my man went into the shop, and they told him.

Was that the bill? you have been looking at the bill that was offered for the stockings.

WILLIAM KING sworn.

I am in the service of Mr. Walker: I went with Mr. Syratt's servant to the Queen's-head with some goods.

When you came there, there was some dispute about a bill, and you came back again? - Mr. Syratt said nothing to me; but he said, this is the man whom I have lost so much money by: he said no more to me then; he did not say it was a forgery. I remember Mr. Syratt's coming in while I was at my master's; before I could tell him he came in and said, What must I do in this case, Mr. Walker? Says Mr. Walker, I do not know any thing about it. He said, It is a bill I have been swindled out of. Mr. Walker said, I thought you had been too long in the world to set your hand to a bill, and not receive value for it. The answer he made was, I have only a few pounds of candles for it. He never pretended it was a forgery. I heard of it about two days afterwards.

Mr. Silvester. You did not see Mr. Syratt after that to speak to him? - No.

Prisoner. Did you see that bill of thirty-six pounds eleven shillings? - I did.

Did you present it to Mr. Syratt? - Yes: he said nothing more than what I have said.

FRANCIS GLOSSIP sworn.

I live in Frith-street, Soho: I remember the time when the prisoner was committed: I heard Syratt say, after he was committed, (I stood at his back, and he was in conversation with a friend of his, whom I do not know; his friend said, it was a pity this business was brought to such a pitch as this, and that it had not been made up); he said, in return, if I can get rid of this, I can get rid of the whole. I did not know Mr. Syratt before that. That was the expression, as far as I can recollect, or to that effect.

Did you hear him say any thing more about the prisoner? - I did not pay much attention; but that I heard (Mr. Vernon, a gentleman of Mr. Baert's acquaintance, who is a wax-chandler, whom I saw at the Office, and knew), I mentioned the circumstance

to him: I did not know I was to be subpoena'd upon it till I read the subpoena.

Mr. Silvester. What are you? - A refiner of spermaceti and wax.

You did not know Mr. Baert at all? - I did not know him personally.

What had you to do at the Office? - Mr. Freeman, a tallow-chandler, said he would go and hear an examination at the Office, and I went out of curiosity; I did not know Mr. Syratt, nor the person whom he was talking to; I did not hear any reply; the Office was in an uproar.

Then you just heard those words? - I did hear those words: there had been a good deal said before that.

Do you know what was the conversation before that? - The conversation that was between Mr. Syratt and his friend: there appeared much dissatisfaction about the magistrates, and the people seemed to think Mr. Syratt as much to blame as Mr. Baert.

What was the conversation between Syratt and this person whom you do not know, and the words that passed previous to the words you have mentioned? - The conversation I did not pay attention to; but the beginning of it was,

"it is a pity this business should come to this, that it was not made up."

Then that was a friend of Baert's? - I do not know: they said, it was a pity this business should come to this, and that it was not made up before it came to this. Mr. Syratt's reply was, If I can get rid of this, I can get rid of the whole. I did not know what he meant by that. That is all I heard. I mentioned those words to Mr. Vernon immediately at coming out: says he, that is material. I said it was, certainly.

Was there any other person besides you that heard this? - I do not know.

Was it after Baert was committed? - I will not positively say.

Was not the examination over? - The Court was not cleared. I went into the Office with Mr. Freeman, and saw Mr. Vernon and some other friends, or I should not have staid. The magistrates were examining Baert: the bill was produced; I did not touch the bill, nor had any business with it; the sum was between thirty and forty pounds. Mr. Syratt was afterwards called, and he said, among other things, that the bill was forged. Mr. Syratt was blamed by the magistrates, that he did not produce before the magistrates an account of those things that he said the day before he had. They examined them alternately; they examined Mr. Baert, and they examined different persons: Mr. Baert was committed. This conversation was before the commitment, I think: I did not inform the magistrates of this; I informed my friend Mr. Vernon; I had not got twenty yards from the door before I informed Mr. Vernon of it: the prisoner was committed then.

Did Mr. Vernon go back to the magistrate? - No.

Nor you neither? - No.

Will you say that Mr. Syratt was the man that used that expression positively? - I do swear that Mr. Syratt was the man.

And not the other person speaking to Mr. Syratt? - Not the other person, I am sure of that; Syratt was standing with his back towards me.

Did you know Mr. Syratt's voice before? - Never saw him before to my knowledge.

As to the prisoner, you never saw him before? - Never to my knowledge.

At Mr. Vernon's, nor any where else? - I have heard of his name; his wife has been at my house once or twice.

Mr. Garrow. The magistrates had, after the examination was over, blamed Mr. Syratt very much, and that drew this observation? - The magistrate blamed Mr. Syratt, I thought much, as I said before, as being the worst gentleman of the two, but said they were under the necessity of committing him: I believe it was Mr. Bond said, that they could not try a case where there was a positive oath.

My learned friend heard you say another thing, which he did not like the jury should hear, which was, that Mr. Syratt had been examined the preceding day? - Yes, they were angry because he did not produce the

book: he said he had lost it, or burnt it, or something of that sort.

Did he say any thing about the children playing with it? - I recollect that, now you mention it.

Was you there the preceding day? - I think I was the preceding day.

One would think we had picked you up in the street; nobody had ever heard of you; where do you live? - In Compton-street: I have lived in that parish twenty years.

Mr. Silvester to Syratt. Did any such conversation pass between you and a friend of yours? - I was in conversation with the attorney; I said, Now, if I bill this, I must bill all the rest; and another thing I said, I am determined to make the bill-holders to come in for a composition.

Mr. Garrow. I shall be ashamed, after this, to keep it up any longer certainly.

Jury. My lord, we cannot agree; we beg to withdraw.

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

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17900424-102

431. ABRAHAM JOSEPH BAERT was again indicted for feloniously forging and counterfeiting a certain bill of exchange for the sum of twenty-eight pounds, nine shillings, and sixpence, purporting to be drawn on Robert Syratt , of Berkeley-square, with intent to defraud William Cooke .

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

A third and fourth Counts, for forging and uttering the same with intent to defraud Robert Syratt .

Mr. Cooke, the Prosecutor. This bill was paid to me: I have no other witnesses.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17900424-103

432. THOMAS MACDONALD was indicted for obtaining one iron bar, the property of - Batchelor , under false pretences .

JOHN WARNE sworn.

I am apprentice to Mr. Batchelor; he is a smith : the prisoner came to my master's shop for a chimney-bar, on the 5th of December, I don't know the day of the week. He asked me for it: I asked him, for whom? He said, for Mr. Poynder, opposite the London-tavern: he is a bricklayer; I know him by sight; he lives opposite the London-tavern: Mr. Batchelor lives in Camomile-street ; I do not know that my master and Mr. Poynder were acquainted with each other: I told the prisoner I thought he had come wrong, because we did not work for Mr. Poynder: he said, he was sure he was come right, he was told there were stone steps: I said, if he was, it must be right, for the other smith's had no steps. My master came in when I was weighing it; he said he thought he was wrong: I let him have the bar; I followed him; he said the bar was to go to a building in Lime-street: instead of going to Lime-street, he came down Threadneedle-street to the back of the Mansion-house; he went down a place where there was no thoroughfare, and he turned back, and I stopped him and told him I must go with him, as my master knew nothing of the Gentleman: he said I had better it: I did, and I followed him; and he shewed me a building, and said that was it, but the men were at dinner, and he would fetch one of them: I saw a man in the building.

Court. You must not tell us what that man said.

Warne. I had my bar back again, and I did not see the prisoner again.

Why did you give him the bar? - My master came in, and I spoke to him, and he let him have it.

Court. There is an objection: the indictment states that he obtained this from this man; now this man says he obtained it from his master; and therefore the prisoner must be

ACQUITTED .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17900424-104

433. THOMAS MACDONALD was again indicted for another fraud .

THOMAS BUDD sworn.

I am a smith : the prisoner came to my shop the 9th of February last: I live in Bishopsgate-street ; I am in partnership with Samuel Sanders : I was at home: he said, I want a chimney-bar; I asked, who it was for? He said, it was for Mr. Poynder, a master bricklayer, who lives opposite the London-tavern in Bishopsgate-street, about a quarter of a mile from my house.

Court. Did you know him? - No. He said it was to go to the Red-cross in Barbican; there is a large building carrying on there: I told him I did not work for Mr. Poynder, and that Mr. Poynder did not do the brick-work for the Red-cross: he said he did the work for the next house, which was lately burnt down: I asked him, who had done the iron-work before? He said his master and the smith had fell out, and therefore he had sent him to me for a chimney-bar: one of my men made the bar, and he had it at the time; the value of it is five shillings.

Court. How came you to let him have it? - I thought it was safe, as I knew Mr.

Poynder lived in credit; and therefore I let him have it on that account. On the next day, he came again for another bar, in the name of Mr. Pindar, a stone-mason. I asked him, what Mr. Pindar it was? He said, he lived in the New Road, the other side of Moorfields; and he said I was to go and take a jack down. I made the bar whilst he staid, and I delivered it to him; Mr. Pindar I had known some time, and had done some business for him; and on that account I delivered it. He said he would go with my man, and shew him where the house was. When he came the second day, he said there was a mistake about the iron bar; it was not for Mr. Poynder, it was for Mr. Pindar. He had a hasp and two round staples; he said it was to fasten up a door. I let him have the bar, and hasp and staples, on account that I knew Mr. Pindar.

THOMAS POYNDER sworn.

I am a bricklayer: I never sent the prisoner for a bar to the house of Mr. Budd.

WILLIAM PINDAR sworn.

I never sent the prisoner for any thing: I am a mason; I am a customer of Mr. Budd's; I never lived up the New Road; I once lived in Halfmoon-alley.

Prisoner. Did you ever know me? - No.

WILLIAM GREGG sworn.

I live with Mr. Budd: I went with him to take the jack down: he sent me into the City-Road; and when I came there, I enquired for Mr. Pindar, and they said there was no such person there.

PRISONER's DEFENCE.

I know nothing about it.

Gregg. I am sure it is the man.

Budd. I think it is the man; I will not swear it; I did not swear it before His Majesty when we were there.

The prisoner's witnesses called, but did not appear.

GUILTY .

Sentence respited till next Sessions, being ill .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17900424-105

434. WILLIAM HENRY WIMPEY was indicted for obtaining 12 brass cocks, value 18 s. the property of John Chamberlain , on false pretences .

JOSHUA CHAMBERLAIN sworn.

I live in Houndsditch : I am servant to Mr. John Chamberlain . The prisoner came into my brother's shop: he asked for one or two dozen brass cocks; he said they were for Mr. Mason, brass founder, Shoe-lane: I told him we had not so many as two dozen: he said I must let him have what I had got; I said I could let him have one dozen: I took them out of the window, and he put them in his bag and went away: I knew Mr. Mason very well; he had dealt with my brother some years.

JOHN CHAMBERLAIN sworn.

On the 27th of March, between five and six, I came home, and I saw the prisoner, and my men were shewing him them; he said they were for Mr. Mason; and I said, let him have them.

Court. There is an end of this; the indictment states the goods to be obtained from the servant.

ACQUITTED .

Reference Number: t17900424-106

435. WILLIAM HENRY WIMPEY was again indicted for another fraud .

ANN GRAPE sworn.

The prisoner came to my mother's shop; I served him: he told me he came from Mr. Mason; it was on the 27th of March; Mr. Mason is a brass-founder; my mother is not here; she knew Mr. Mason, and so did I; he has dealt with her. He said he wanted some large cocks: I asked him, what they were for? He said, they were to go abroad: I heard the apprentice say he had lived with Mr. Mason: he said they were to serve a Captain that was going abroad: he said he wished I could make haste; that the ship was to sail on Sunday morning, and he had but twenty minutes to go home in: I let him have them, because

I knew Mr. Mason very well: I am sure the prisoner is the man.

Prisoner. I never mentioned a Captain.

Witness. He did.

ROBERT BIGGS sworn.

I am Mrs. Grape 's apprentice: I know the prisoner lived with Mr. Mason; he said he came from Mr. Mason, and he wanted some large cocks; I reached him down nine; he said he wanted nine others for gin kegs; I went to get a dozen for him, and he met me, and I gave them to him in the street.

SARAH TYLER sworn.

I saw the goods delivered to the prisoner.

JOHN MASON sworn.

The prisoner has not been a servant of mine these two years; I did not send him.

NOAH WEST sworn.

I was at work at Mr. Chamberlayne's shop when he came in there, and I saw some cocks there: the prisoner said he had them from Mrs. Grape's; and I knew some of them to be my make.

JOSEPH MYERS sworn.

These cocks were pledged at our house; I did not take them in; I booked them; it was on the 27th of March.

(The cocks produced.)

West. I can swear to the making four of them.

PRISONER's DEFENCE.

I have nothing to say: I have no witnesses.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17900424-107

436. WILLIAM NOBLE was indicted for that he, on the 19th of March , one piece of false and counterfeit money, of the likeness of half-a-guinea, knowing it to be forged and counterfeit, as and for a good half-guinea did offer to Susannah Carter .

A second Count, for uttering another piece of false, counterfeit money and coin, made to the likeness of a shilling, as and for a good shilling, offering it to her, knowing it to be false.

SUSANNAH CARTER sworn.

I keep a liquor-shop , No. 4, Long-lane, Smithfield . On Monday the 19th of March, about ten, William Noble , and two women with him, came in and called for a quartern of gin, and put down the money: I always look at the money of these kind of people before I serve them: he put down half-a-guinea, and I took it up and bent it with my fingers; it bent like a bit of lead. I told him it was a bad one: then he gave me a shilling, and that was bad likewise. I kept the half-guinea, and put back the shilling to him: I told him I would not serve him, I would have nothing to do with him, and charged the watch with him: the constable of the night had the half-guinea: he was stopped till the watch came.

Prisoner. What state did I appear in? - Rather intoxicated.

How long did the women stay that were in company with me? - They were there when he went to the watch-house; they all came in together.

JAMES WEBB sworn.

I found the bad silver; I am servant to Mrs. Carter; I found a bad sixpence, and shilling, on the floor, under the form where people sit; I shewed Mrs. Carter where I found it.

Mrs. Carter. It was directly under the place where he sat: the constable has the bad money.

JOHN COUCHMAN sworn.

I was the constable of the night: Mrs. Carter gave me charge of the man just at ten; she gave me half-a-guinea next day, and some silver (produced): I searched him at the watch-house, and found a bad shilling in his pocket; which is all the money he had.

JOHN CLARKE sworn.

These are all bad.

PRISONER's DEFENCE.

My Lord, and Gentlemen of the Jury; Having already heard the evidence that is produced against me, and even before the magistrate, I humbly submit to you a question of law, whether the uttering proved is complete, within the statute? and, after some little observation to you, Gentlemen of the Jury, I hope I shall meet with an acquittal from your justice. First, then, it appears, that I was in a state of intoxication; it may be the lot of any honest man to tender half-a-guinea, or a shilling, which he may have received in change for a guinea, without knowing it to be bad, and without intention of defrauding: again, Gentlemen, what company does it appear I was in? why with two common prostitutes, whom in the hour of sobriety I should detest. Perhaps the conduct of the prosecutrix is not altogether so proper, in not detaining these women as well as me. I have the painful reflection of my family wanting bread, whose sole dependance was on my labour. With respect to the silver found next morning, I hope you will consider the distance of time, and the number of people that come in and out. I humbly submit to you, to direct the Jury, that, unless I did it knowingly and intentionally, which alone constitutes the fact, I shall be entitled to an acquittal.

GUILTY .

Imprisoned one year in Newgate , and to find security for 2 years more good behaviour .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17900424-108

437. ROBERT HUTCHESON was indicted for wilful and corrupt perjury .

The witnesses not appearing, the prisoner was

ACQUITTED .

Reference Number: t17900424-109

438. MARY ALDER was indicted for a conspiracy .

NOT GUILTY .

Reference Number: o17900424-1

N. B. Anthoni Murrini , Jacintho Phararo , Stephen Apologie , and Thomas Hewitt Masters , for Murder, were executed on Monday the 19th of April.

Reference Number: s17900424-1

The Sessions being ended, the Court proceeded to pass sentence, as follows:

Received sentence of death, 12, viz.

Thomas Dickson , James Magg , George Cook , Sophia Jones , William Ingham , Guanard Villoni , Robert Nash , Edward Humphreys , Joseph Crafts , John Drayton , Thomas Parker , and Sophia Girton (the two last to be drawn on a hurdle to the place of execution, and Sophia Girton to be burnt.)

Transported for fourteen years, 1, viz.

Dennis Colman .

Transported for seven years, 46, viz.

George Wakeman , Thomas Revell , James Ingram , Elizabeth Young , Elizabeth Mason , Edward M'Donald , William Denby , Thomas Perkins , James Ward , Maria Green , John Collins , William Sawyer , Charles Palmer , John Senior , Hannah Wynne , William Reeves, John Hull , Isaac Smith , Samuel Isaacs , Frances Hall, Edward Clements , John Watkins , Thomas Williamson , Ann Blyth , William Stockbridge , Thomas Butler , Israel Phillips , Jane Trotter , Joseph Thompson , Bridget Cosgrove , William Gentleman , William Merritt , Sarah Cooley , John Grimes , Thomas Oldin , Robert Wilson , Edward Leach , Michael Doran , Richard Seaton , James Sloper , William Morse , Thomas Mullins , James Phealan , Charles Manning , William Henry Wimpey , Thomas Turner .

Imprisoned one year, 1, viz. Wm. Noble .

Imprisoned six months, 4, viz.

Jeremiah Devine , Robert Roberts , Eliz. Hendon , Eliz. Stanley , (the two last fined 1 s.)

Imprisoned three months, 1, viz. John Alldin .

Imprisoned one month, 1, viz. Jane Herbert .

To be publicly whipped, 3, viz.

John Wells , Thomas Powhill , William Newman , alias Shackleton.

To be privately whipped, 1, viz. John Clark .

Sentence respited on

George Barker , Thomas M'Donald .

Reference Number: s17900424-1

N. B. Anthoni Murrini , Jacintho Phararo , Stephen Apologie , and Thomas Hewitt Masters , for Murder, were executed on Monday the 19th of April.


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