Old Bailey Proceedings, 15th September 1790.
Reference Number: 17900915
Reference Number: f17900915-1

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 15th of SEPTEMBER, 1790, and the following Days;

Being the SEVENTH 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 VII. PART I.

LONDON:

Printed for E. HODGSON (the Proprietor); And Sold by him, at his House, No. 14, White Lion Street, Islington; Sold also by J. WALMSLAY, No. 35, Chancery Lane; S. BLADON, No. 13, Pater-noster Row; and J. MARSOM, No. 183, High Holborn.

MDCCXC.

THE WHOLE PROCEEDINGS UPON THE

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

BEFORE the Right Honourable WILLIAM PICKETT , LORD MAYOR of the City of London; the Right Honourable Sir JAMES EYRE , Lord Chief Baron of his Majesty's Court of Exchequer; the Honourable Sir HENRY GOULD , one of the Justices of his Majesty's Court of Common Pleas; the Honourable Sir NASH GROSE, one of the Justices of his Majesty's Court of King's Bench; JOHN WILLIAM ROSE , Esq; Serjeant at Law, Recorder of the said City, and others his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Gaol Delivery of Newgate, holden for the said City and County of Middlesex.

London Jury.

Benjamin Jocelyn

Robert White

Walter Robert

George Thompson

Thomas Millington

John Dagley *

* John Duffel served the second day in the room of John Dagley .

James Savage

William Harris

William Mee

John Somers

John Holt

Joseph Vigevena .

First Middlesex Jury.

John Gregory

Edward Shee

Adam Dunford

Charles Green

John Lambert

Henry Mist

Alexander Gardiner

John Crookshank

Richard Rathby

John Debbenham

Thomas Harrison

Thomas Clarke .

Second Middlesex Jury.

Matthew Emmerson

John Worrall

William Hughes

John Ray

John Pettis

James Sammes

John Emmerson

William Sibley

William Carr

Bright Hemming

Daniel Luckhurst

Thomas Page .

Reference Number: t17900915-1

591. WILLIAM SLAUGHTER was indicted for burglariously and feloniously breaking and entering the dwelling house of William Grace , about the hour of twelve in the night, on the 7th of August last, and burglariously stealing therein, a cloth coat, value 20 s. a cloth waistcoat, value 10 s. a pair of velveret breeches, value

5 s. a stuff gown, value 2 s. a man's hat, value 2 s. a man's wig, value 5 s. a muslin neckcloth, value 1 s. a linen handkerchief, value 1 s. a cotton bed-gown, value 1 s a pair of man's shoes, value 2 s. a pair of plated buckles, value 2 d. a linen apron, value 1 s. a linen waistcoat, value 1 s. a velveret hatband, value 2 d. a brass hat buckle, value 2 d. his property .

WILLIAM GRACE sworn.

I live in Black-horse-yard, East Smithfield : I keep a house there, which was robbed on the 1st or 2d of August; I discovered it that night between eleven and twelve: the watchman came and awoke me; I went to bed a little after ten; but I could hear no clock; nobody else slept in the room; I fastened my door with a bolt; I lost the clothes I have on, which I had pulled off when I went to bed, and hung on a line, a coat and two waistcoats, and a pair of velveret breeches; and a hat and wig, and shoes and buckles, and a stuff gown and handkerchief; the gown belonged to my wife; she was not with me; I lost also an apron of my wife's; I suppose the thieves got in by pushing back the bolt; the next morning I found the bolt had been forced open; there was the appearance of some of the door case having been cut; the bolt goes into iron: my wife was up stairs that night taking care of a poor woman that was ill.

JOHN SMITH sworn.

I am a watchman of St. John's, Wapping: calling the hour of eleven, I tried the door; it was fast; coming back at twelve, I found this gentleman's inner door broke open; he was fast asleep; I awoke him, and he said he had lost all his clothes; I went to the watch house, and found the prisoner there and some clothes: I went to the prosecutor to go to the watch-house; he had only an old pair of slippers and a bit of a jacket to go to the watch-house in; he went to the watch-house as naked as he came into the world.

THOMAS OLIVE sworn.

On Sunday night, the 1st of August, I saw the prisoner come by my box a quarter before twelve, with a bundle under his arm; I told him to stop; he went on and took no notice, but seemed to go faster; I called to my brother watchman, and he stopped him; and I came up and took the property from him, which the prosecutor afterwards saw at the watch-house; it contained the same things as when I stopped him.

Grace. I saw the things at the watch-house; I should know them if I was blind.

(Deposed to all the things.)

THOMAS GRAYFLOWER sworn.

I stopped the prisoner with this bundle, which was taken to the watch-house; I took this handkerchief from his neck, which he said was his own property.

Grace. I am quite sure this is my handkerchief.

PRISONER's DEFENCE.

I never had no handkerchief on my neck; I had the hat on my hat, and the handkerchief over my shoulder: coming from work, I found the things in Black-horse-yard: that watchman, Grayflower, saw me pick them up, and then they took me; I told them I did not know what it was.

Court to Grayflower. How is this?

Grayflower. I was walking about my beat: Thomas Oliver called to him to stop; he said he had goods, and would not stop; I did not see him pick up the things.

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

Jury to Smith. When you first went round, how did you find the door? - The outward door was open; and I tried the inward door two or three times; the doors are very near one another.

GUILTY , Death .

Tried by the first Middlesex Jury before the Lord CHIEF BARON.

Reference Number: t17900915-2

592. EDWARD GROVE was indicted for stealing, on the 12th of June last, a pair of half boots, value 5 s. the property of Thomas Adams .

Thomas Adams and James Shodbote were called on their recognizances, and not appearing, the prisoner was

ACQUITTED .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17900915-3

593. THOMAS KING , JOHN KING , and SUSANNAH KING , were indicted for burglariously and feloniously breaking and entering the dwelling house of William Wightman , about the hour of one in the night, on the 16th of July last, and burglariously stealing therein, one gold watch, value 5 l. one gold watch chain, value 50 s. one metal seal, value 6 d. one metal watch key, value 2 d. two guineas and four shillings, his property .

WILLIAM WHITEMAN sworn.

I live in Lyon's-inn, No. 6. On Friday, the 16th of July last, I went to bed about eleven o'clock; the watch was in my pocket when I went to bed, and two guineas, two half guineas, and eight shillings and six-pence in silver, besides; I left my breeches on two chairs, by the bed: on the Saturday morning, about five, I arose, and perceived my clothes were not in the same position I left them; I got up and found my watch was gone and money; I picked up my coat, and two half guineas dropped, and four shillings and six-pence in silver; there was two guineas and four shillings lost, and my watch; I went to the porter of the inn.

Court. Had you fastened your door? - Yes, locked it: there was nobody in the chambers but me; I was in bed by eleven; the door of my bed-chamber was not locked; I was not disturbed in the night at all; the door was locked the same as it was when I went to bed; no part of the chambers was broke; no violence appeared to any part.

Court. How came you to charge these people? - The woman is my landress; she has the key of my chambers: Thomas King is her husband; John is his brother. The constable has my money and watch; I saw my watch about seven in the morning: Jealous shewed me the watch; I sleep with all my doors open but the outside door: the landress had the key.

CHARLES JEALOUS sworn.

On Saturday, the 17th of July, I was called out of bed by the prosecutor, and the porter of Lyon's-inn; I went there, and I went up to No. 4, in the garret of Lyon's-inn, where the prisoners live; I knocked at the door; they did not open it for some time; the three prisoners were all there; I searched the prisoners, and found nothing; I then searched the fore room and back room; and in the floor of the back room I found a hole; and knocking out a piece of the board, I found a gold watch; I shewed it to the prosecutor, and have kept it ever since; I took the prisoners into custody; I found no money.

Court to Prosecutor. Is that your watch? - Yes.

Have you any doubt about it? - No; the chain is a very particular one: the apartments the prisoners were in, were taken by the mother and wife, several years ago; the mother is dead; I believe the brother to be totally innocent; he did not live there.

JOHN OWEN sworn.

I am porter to the society of Lyon's-inn. I saw the watch in Jealous's hand; I did not see him take it out of the hole; the prosecutor claimed it.

Court. Was it light when you got up? - Yes.

PRISONER THOMAS KING 's DEFENCE.

The prosecutor has mislaid two keys of his chambers; there is another key that opens my chambers; and another might put it there as well as myself.

Prisoner Susannah King . I now nothing of it.

THOMAS KING , SUSANNAH KING , JOHN KING ,

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17900915-4

594. ANN GUY was indicted for stealing, on the 26th of November last, a linen shirt, value 8 s. one cotton petticoat, value 4 s. and two linen sheets, value 5 s. the property of John Lee .

JOHN LEE sworn.

I live in the Lower-street, Islington . I lost the things in the indictment from my house, on Thursday, the 26th of November last: I did not see the prisoner take them: I saw them at Mr. Townsend's, the pawnbroker, in Shoreditch.

MARGARET LEE sworn.

I am wife of the last witness. I lost the things in the indictment out of the drawers in the one pair of stairs; on Thursday, the 26th of November, the drawers were not broke open: the prisoner nursed my child at that time: I never saw them till I saw them at the pawnbroker's, ten months after.

- COOKSON sworn.

I produce the things: they were pledged in the name of Ann Lee ; but I cannot say by whom: I know nothing of the prisoner: duplicates were given of the things.

CHARLOTTE TREBLE sworn.

I am servant to Mr. Lee. I put the things in the drawer: they were missed the 26th of November.

ANN TOMS sworn.

I keep a little chandler's shop in Brooks's-gardens. The prisoner came to live there. The prisoner came to me for credit, and brought me this duplicate for a shirt, and a pair of sheets: I cannot tell the day or the month. (The things deposed to.) The duplicate is dated the 28th of November.

PRISONER's DEFENCE.

I never saw the things, nor never had the duplicate.

GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

[Transportation. See summary.]

Reference Number: t17900915-5

595. CHRISTOPHER MORGAN and ROBERT KING were indicted for stealing, on the 9th day of September , thirty-six chimney glasses for lamps, value 10 s. the property of John Holmes .

JOHN HOLMES sworn.

The prisoners were my servants ; one was a servitor, the other a glass blower: I did not miss the property till it was brought to me by Samuel Goodeson , the clerk. I understand the things were found on Brooks.

SAMUEL GOODESON sworn.

I am servant to Mr. Holmes. I found these chimney lamps on Brooks; they are patent lamps: they were both in the same state as they are now; all loose in a bag: Brooks gave me the bag, and went off.

There being no evidence but Brooks the accomplice, the prisoners were both

ACQUITTED .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17900915-6

596. JANE NORTON was indicted for feloniously stealing, on the 10th of July last, thirteen yards of black silk lace, value 20 s. and twelve yards of black silk ribbon, value 1 s. the property of Thomas Strafford and Thomas Smith , privily in their shop .

THOMAS STRAFFORD sworn.

I am in partnership with Thomas Smith , haberdashers , at Holborn-bridge . The prisoner was detected stealing lace and other things, on a Saturday in July: I was at

home: it was about four in the afternoon: I did not see her come in: I was up stairs: I was called down: I found Jane Norton in the shop.

JOHN SPILSBURY sworn.

I serve in the shop of the prosecutors. On the 10th of July the prisoner came into our shop, and asked to look at some muslin handkerchiefs, as she had before: she came in alone: those handkerchiefs were all sold: I said I had some check muslin handkerchiefs, which I offered her, and if the lady did not approve of them, I would take them back again? she said, no; but I should shew her some lace; I shewed her a box of lace, No. 1, which were not good enough; she asked me the price of some in No. 2; I asked twenty-one pence; and she bid me eighteen shillings for twelve yards, and twenty-four shillings for twelve yards, at two shillings and four pence per yard; I told her we always asked one price; she said she wanted a mode; I turned round to get the mode, and pushed the box a little from me; and I observed when I returned with the mode she had arisen from her seat, and seemed very much agitated: I went about three yards for the mode: I left her sitting; when I returned she was standing by the same stool; she looked at the mode, and sat down; I looked at her very much, and in her lap I saw her pocket handkerchief, and underneath a square card, which I supposed to be the card of lace; she was trying to get it into her left hand pocket, and whether it was too large I cannot tell; but she put it into her right hand pocket; I then spoke to one of the young men to fetch down Mr. Strafford; he came down: I told him the prisoner and me could not agree, and that she wanted the lace a considerable deal less than what it cost; Mr. Strafford then spoke to the prisoner respecting the black mode; she bought four squares not quite a yard each; she then said she would leave the lace alone till another day; but wanted some black ribbon for the neck of the cloak: Mr. Strafford said to the prisoner, I believe our young man says, that through mistake you have taken a card of lace that belongs to us; she said, if I have it is more than I know; and putting her hand into her pocket, she pulled out a number of papers, and then afterwards took out her pocket handkerchief, and the card of lace was inside of it; I asked her to pull out her pocket handkerchief, and the card of lace would be found; she then ordered the card of lace to be measured over, and offered to pay any price we chose for the lace; after that a constable was sent for.

Mr. Garrow, Prisoner's Counsel. I believe some money had passed between Mr. Strafford and her before he spoke to her about the lace? - Yes; she was not short of money.

Do you recollect her desiring he would let his young man go home with her? - Yes.

I think that was before he charged her with the lace; for what purpose was the young man to go home with her? - She pleaded about her character, that if any one would go and make enquiry, they would have a good character of her.

I would ask you, whether, before Mr. Strafford addressed her as you have described, she had not for some purpose desired that a young man should go home with her? - No, Sir, she had not.

You are quite sure? - Yes.

She had not told you where she lived before Mr. Strafford spoke to her? - She had not.

She had paid all the money due for the things that were bargained for? - She had paid for the mode; the ribbon I do not know.

Did you enquire whether she had told you the truth or not? - I do not know.

Court. What became of the piece of lace that came out of her pocket in the way you describe? - The constable took charge of it.

Did you know the prisoner before? - No more than serving her once before.

Court to Mr. Strafford. Now relate what passed when you came down? - The young

man was shewing her some mode for a cloak; they disagreed about the price; soon after I came down she agreed to give me the price; I cut it off, and received the money; I then asked if she wanted any ribbon for the cloak? she said, she did; I brought the drawer, and shewed it to her; I stepped aside to ask Spilsbury if he was sure she took the lace; I immediately went to her, and said, I supposed she had put a card of lace in her pocket, it might be by mistake, and should be glad if she would feel if she had it; she was dressed in a very decent manner, and being an old woman, one could not suspect her; she seemed a good deal agitated; she said, no, she never did such a thing; I desired she would feel; and she brought out a pocket handkerchief wrapped round this card of lace; I then thought it proper to have her searched; I took her into a lower warehouse, and sent for the constable; he came and searched her; she dropped one piece of ribbon on the floor, from under her stays; the other the constable found in her pocket, with a pair of gentlemans gloves; I could not absolutely swear to the gloves; there was a paper of them kind of gloves laying on the counter.

Mr. Garrow. Had not she proposed to you to let her have some lace for a guinea, and to send a young man home to receive it? - No such thing.

Did you know her before? - I knew her face.

How many people serve in your shop? - About eight or nine.

SAMUEL SINGLETON sworn.

I produce a piece of black lace.

(Deposed to by the prosecutor.)

It is black silk lace; it is worth two shillings and four pence a yard; I searched the prisoner below stairs in the warehouse; I believe there is a cieling to it; I found there two pieces of ribbon in her pocket, and a pair of gloves; one roll is marked, the other is not: I do not swear to the ribbon.

Spilsbury. Nor I.

PRISONERS DEFENCE.

My Lord, I cheapened no black ribbon at all; I had my umbrella, and the mode; when Mr. Strafford asked me if I had not made a mistake, I immediately felt in my handkerchief, and there it was; I said, Sir, I have it, I beg you ten thousand pardons; the ribbon was my own, I brought it from home to give a little girl, upon my word and honor, if I was to die this minute, and the gloves were my own, I bought them at Mr. Stafford's in the course of the week, and brought them to change them.

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

GUILTY , Death .

Tried by the London Jury before the Lord Chief BARON.

Reference Number: t17900915-7

597. TIMOTHY HOLLISTER was indicted for feloniously stealing, on the 14th of June last, one base metal snuff box, inlaid with silver, value 10 s. one base metal seal, gilt with gold, value 30 s. one key value 1 d. an instrument case, value 5 s. a pair of steel scissars, with silver bows, value 12 d. a silver handled clasp knife, value 18 d. a silver ear picker, value 6 d. a stone ring, with rose diamonds, set in gold, value 20 s. one fancy ring, with garnets, set in gold, value 5 s. one agate box, value 5 s. one red morocco pocket book, with a silver lock, value 4 s. a pencil, value 1 d. a tortoiseshell handled knife, with two blades, value 18 d. an ivory opera glass, value 5 s. a steel razor, value 12 d. a pair of scissars, value 12 d. a trinket, value 12 d. and one shagreen pen and ink case, mounted with silver , the property of Peter Wergman .

PETER WERGMAN sworn.

I am a jeweller in St. James's-street : I lost the things in the indictment; they were brought to my house by an officer from Bow-street, I think the 14th of June; I had not missed them; they were my property; I suppose they had been taken out

of the shop; I knew them to be mine, and when I looked over my goods I found they were missing; the prisoner had lived with me seven or eight weeks as a servant, and was well recommended; he was in my service at that time.

JOHN BECK HEATHER sworn.

I am a pawnbroker in Long-acre: the prisoner brought this box to me, and wanted one guinea and a half for it, on the 14th of June; I suspected him, and sent for a constable, who searched him, and found several things on him which the constable has. I produce this box.

Deposed by the prosecutor, who had it a long while.

JAMES SHALLARD sworn.

I took charge of the prisoner the 14th of June: I found on him a tweezer case, with instruments, a small tortoiseshell snuff box, a metal watch, and a couple of rings, and a pocket book, and a knife, and a purse: I found nothing else upon him.

These things deposed to by prosecutor, having, all but one or two articles, his mark on them; the snuff-box and pocket-book having his mark, and the watch had his name on, but part was taken out; the agate box and instrument case have his mark: could not speak to the purse.

Shallard. I then brought the prisoner to the Office, and asked where he lived, he told me, I went there, and found his box, and found a steel chain, and several trinkets, and a watch string and an opera glass, a pen case, and a pair of scissars, and on a shelf, a razor, and several old watch keys in his pocket in the room.

Prosecutor. This seal, and trinket, like a boot, are marked, and the opera glass also: the rest are like those I had.

JAMES SIMMONS sworn.

The prosecutor left this watch with me, that morning; I missed it and could not find it, and the watch that the constable brought from Bow-street is the same watch.

PRISONER's DEFENCE.

I found the watch in the necessary.

GUILTY .

Tried by the first Middlesex Jury before the Lord CHIEF BARON.

[Transportation. See summary.]

Reference Number: t17900915-8

598. JOHN FINCHAM was indicted for feloniously breaking and entering the dwelling house of William Bullock , about the hour of one in the afternoon, on the 5th day of September , one John Corne and - Askew in the same dwelling-house then being, and feloniously stealing therein 96 leather shoe-shapes, value 12 s. and two kid skins, value 2 s. and one dead goose, value 2 s. his property .

WILLIAM BULLOCK sworn.

I live at No. 10, Charles-court, in the parish of St. Martin's in the Fields : I am a housekeeper there; my house was broken open last Sunday week between eleven and twelve at noon; I was not at home; I went out about twenty minutes after eleven, and returned about half after two; I missed nothing till after dinner, about three, when I went up into my workshop and came down, and went up again and found some of the shoe shapes on the ground; the shop is up three pair of stairs; the shoe shapes were in the closet, and I missed a quantity of shoe shapes; I informed my wife and family; I heard nothing further till Monday, when I saw a hand-bill of another robbery, and the description of the person corroborated with an account I had received; we took the prisoner in his lodgings, and there we found the shoe shapes; the prisoner is the man; he was at work at No. 10, in Hanging-sword-alley, Water-lane; I knew them again; I had some to match them; I saw them on the Sunday morning about eleven, in the workshop, with a great many more: when I went out I locked the shop door where the property was; when I returned I found it locked, not broke at all.

ROGER LEE sworn.

The prisoner worked for me at the time he was taken: he lodged at No. 10, in Hanging-sword-alley; I have called him, and he has answered me out of that window; he has worked for me about three-quarters of a year, very industrious; I always thought him a very good man; he served me very honestly and faithfully; he turned a wheel for me; I am a glass-cutter.

CHARLES HOPKINS sworn.

I belong to the same regiment the prisoner did; I was in Charles-court, and saw the prisoner come out of one house there, and go into the prosecutor's house, between twelve and two, last Sunday was a week; the house he came out of was about two doors from the prosecutors; he walked up the court like a gentleman, and went boldly into the house; the house door was open; I did not see him come out.

THOMAS LAWRENCE sworn.

In consequence of a search warrant, I searched the prisoner's lodging on Monday the 6th of September, about half after two; I broke open his box which was in his lodging in Hanging-sword-alley, Water-lane, and in his box I found these things; they have never been out of my custody since; the prosecutor was present; I found some duplicates in his box, and a pocket book with his name.

Prosecutor. These are my property; they are all goods intrusted to me; they are kid-skin shoe shapes; I am answerable for them; their value is thirty shillings and upwards; I am sure they are mine, by matching them with some that were left in the room; there is no particular mark on the shapes, but on the two skins, which were taken from the same place, I observed this mark; it is the mark of the man that sent them to me, Mr. Stable, glover, in the Strand.

THOMAS BRACE sworn.

I saw a man come out of the prosecutor's house: I work there; the man had a green coat on, and silk stockings, and shoes tied with strings, and a round hat; I did not see his face; I cannot tell who it was; the door of the shop was then locked; I had the key in my pocket; I went up between eleven and twelve, and about two, and the door was locked; it was not broke at all; the things were all there between eleven and twelve, and the goose hung up; when I went up at two, I missed the goose; I did not look in the closet, the door being shut; I was in the court at the time; I saw the man go in; there were several people in the house, but I know not who they were.

Lawrence produced the green coat, with white buttons, white silk stockings, round hat, and shoes, with strings; they were not locked up.

PRISONER's DEFENCE.

I know nothing of it; the lodging was not mine; more people lodge there besides me; I have no witnesses but my master, Mr. Lee.

Lee. All I know of his character, I have already spoken.

GUILTY ,

Of stealing; but not of breaking and entering the dwelling-house.

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

[Transportation. See summary.]

Reference Number: t17900915-9

599. JOHN SMITH was indicted for burglariously and feloniously breaking and entering the dwelling-house of Ann Latham , widow , about the hour of 12, in the night of the 10th of July last, and burglariously stealing therein five pair of silk stockings, value 8 s. four pair of cotton stockings, value 4 s. two pair of silk and cotton stockings, value 5 s. the property of Elizabeth Latham .

ELIZABETH LATHAM sworn.

I live in South-street, St. George's, Hanover-square : it is a stall I keep; I dwell in it; I sleep there; it has only one floor; there is a bed in it; it is all the dwelling-place I have; and whilst I went out, which was at eleven at night, to Oxford-market, the window was opened; the

market is about a quarter of a mile from my stall; the door and window of the stall were both shut; the windows draw together, they do not fling up; there is no fastening but a nail which is put in with your hand in the inside; when I came back from market I found the window open, and the property gone; the nail was drove out by some force, by the shake of the window, as I suppose; I did not look for the nail; but I do not think they could get the nail out; the door was double locked, and so I found it; I returned about twelve, and missed fourteen pair of stockings, and one odd one; they belonged to different people; I had them to mend; it was Mr. Frost's stall; he let it to my mother; she was ill at the time; she is now at home; she was then in St. George's hospital; she is the same business with me; she paid two shillings a week for it; I hired it that week; it was my stall for that week; on Sunday morning I went to the prisoner, whom I had seen loitering about the place, and he would not own to the property; I asked him for it, and he denied it; on the Monday morning I asked him for them, he would not deliver them, and I got a search warrant, and searched his premises; he lives in a stable about a stone's throw off, and we found all the stockings but two pair, twelve pair and an odd one.

Prisoner. Did not you ask me to drink with you? - No, I know nothing about it.

FRANCIS MURRAY sworn.

I produce the stockings which I got, on Monday morning, the 12th of July, between eight and nine o'clock in the morning, at the stables where this man was; the young woman said, that is the lad; I challenged him with the stockings; he said he knew nothing of them, and I found them in that room; the prisoner lived with my Lord Rosebury, as second coachman.

The stockings produced, and deposed to, by being marked when they were brought in.

Court. Had you them to mend, or your mother? - I had them in my care; I was to be paid for them; I never saw the prisoner before that night, I saw him the next morning.

THOMAS JONES sworn.

I live with Mr. Wheble, of Kensington; the prisoner lived then at Lord Rosebury's stables.

Court to Murray. Describe where these stables are? - They are the very next door to the Roman Chapel in South-street.

Court to Jones. Are those Lord Rosebury's stables? - Yes: I bought two pair of stockings of the prisoner on the Sunday morning: (produced and deposed to, by the stripes.) They have no mark, I had them so little a while.

PRISONER's DEFENCE.

I know nothing of the stockings, nor how they came there, any more than any of these gentlemen here; I have a witness that the prosecutrix said she would make it up for three guineas, and not hurt me.

JOHN DEW sworn.

I went to the gentlewoman's house that lost the stockings; I cannot swear to the woman again; are not you the woman?

Had you at any time a conversation with that woman? - As far as this, no further than asking in what manner her stockings were lost.

Was that the woman? - I only was in there about half an hour?

Is that the woman? - I cannot swear to the woman, but it appears to me to be the same.

What did you say to her?

Court to Prosecutrix. Did that man come to you, and talk to you? - There was an elderly gentleman came to me.

Dew. I asked her how she lost her property; the woman said, she knew the stockings on his legs, and she told me, if he would deliver the property again there should be no more said about it; and he said he bought them.

Court to Elizabeth Latham . Did that pass? - He asked me how I lost my property; and I told him that I told the prisoner, if he knew any thing of the property,

I should be very much obliged to him; that was all that passed; there was no ward offered; that was before the place was searched.

Did you tell Mr. Dew, the gentleman that stands near you? - I told him what I had told the prisoner.

But did you say that you told the prisoner, if he would deliver the property there should be no more said about it? - Yes.

GUILTY, of stealing only .

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

[Transportation. See summary.]

Reference Number: t17900915-10

600. ON Wednesday morning, September 15, 1790, at nine o'clock, GEORGE BARRINGTON was set to the Bar to be arraigned, (with the other prisoners) on an indictment, charging him with stealing, on the 1st of September , 1790, in the parish of Enfield , in the county of Middlesex, a watch, with the inside case and outside case made of gold, value 20 l. a gold watch chain, value 40 s. three seals, set in gold, value 40 s. and a metal key, value 2 d. the property of Henry Hare Townsend , Esquire .

When Mr. Barrington was asked, as usual, by the Clerk of the Arraigns, whether he was guilty or not guilty of the felony with which he stood charged, he addressed Mr. RECORDER (the only Judge on the Bench) as follows:

" MY LORD ,

"It is with great concern that I interrupt the business of the Court for a single moment; but I am under the necessity of stating to your Lordship, that when I was taken into custody on suspicion of this felony, every article about my person was taken from me; and although the gentleman who is my accuser, did not attempt to say any money was lost, my money was also taken from me: and although I have made application to the Magistrate that this money should be restored, it is, however, still detained; by which detention, my Lord, I have been hindered from taking those proper measures for my defence, and from obtaining that legal assistance, which my unfortunate situation peculiarly requires."

Mr. Recorder. Mr. Barrington, it is impossible for me to decide previous to your trial, what is your property; but when your prosecutor appears, every thing which has been taken from you, and which is not necessary to be identified on your trial, shall be restored to you.

Mr. Garrow. My Lord, Mr. Chetham, who is concerned for the prosecution, can inform your Lordship, that no money whatever was taken from Mr. Townsend.

Mr. Townsend. My Lord, I am the prosecutor in this case. When the prisoner was apprehended, the money was sealed up which was taken from him, together with a snuff-box, and a metal watch, which were also found on him. This was done under the idea, that these articles might belong to somebody or other, who might afterwards claim them. They were intended to be advertised, but were not.

George Law , the constable, produced the articles above-mentioned, as also a silk purse, with twenty guineas, which were taken from Mr. Barrington, at the time he was taken into custody.

Mr. Recorder. Is there any mark on the money?

Mr. Townsend. No, my Lord, Mr. Hubbard looked over the money, but there was no mark on it.

Mr. Recorder. Mr. Barrington, I shall order your money to be returned to you.

The twenty guineas were accordingly handed over to the prisoner, who after counting them, said, My Lord, I thank you.

Clerk of the Arraigns. George Barrington , are you guilty of the felony whereof you stand indicted, or not guilty?

Mr. Barrington. Not Guilty.

The Jury were then called over, and when the Clerk came to the sixth name ( Henry Mist ), Mr. Barrington said, My Lord, I take the liberty of objecting to Mr. Mist.

Mr. Recorder. Certainly.

The Prisoner was then removed from the Bar, and his trial fixed for Friday at twelve o'clock; at which time Mr. Barrington made his appearance, and the Clerk proceeded to call over the names of the Jury, and when he came to the names of Henry Mist , Mr. Barrington said, My Lord, on Wednesday last I took the liberty of objecting to Mr. Mist; I beg leave to continue that objection.

Counsel for the Prisoner.

Mr. GARROW.

The JURY sworn.

John Gregory ,

Edward Shee ,

Adam Dunford ,

Charles Green ,

John Lambert ,

Matt. Emmerson ,

Alexander Gardner ,

John Crookshank ,

John Debenham ,

Thomas Hamson ,

Thomas Clarke ,

William Peartree .

Mr. Barrington objecting to Henry Mist, one of the Jury, Matthew-Emmerson was sworn in his room.

HENRY HARE TOWNSEND , Esq. sworn.

Court. When did you lose your watch? - The first of September.

Where? - At Enfield, in Enfield Marsh.

On what occasion was you there? - On account of the races.

At a race? - At a race.

At what hour? - Upon my word, I believe it was near two o'clock; that is the time it is fixed for the horses to start.

Was you on foot, or on horseback, or where was you? - I was on foot most of the time; I went on the ground in a phaeton.

Did you alight out of that phaeton? - Yes.

Was you walking about, or did you stand or move, or what? - I was but a small time at a stand, I was walking about chiefly.

And at what time did you miss your watch, and where was you? - I did not miss my watch till I was spoken to by Mr. Blades.

Upon Mr. Blades speaking to you, did you then miss your watch? - Yes.

A gold watch? - A gold watch.

A gold chain? - A gold chain

A metal key? - A metal key.

Did you miss it from your fob pocket? - No, Sir, from my waistcoat pocket.

Was it in your pocket? - Yes, the chain and all was put in.

Do you wear your watch generally in that manner, or did you put it there for any particular purpose? - No, my Lord, I had a new pair of leather breeches on, and I was afraid the seals would dirt them.

How long had you been on the turf before you missed your watch? - I had been on the ground an hour or an hour and a half.

Had you any occasion to take notice whether you had your watch in your pocket at any time after you came on the ground? - I felt my watch in my pocket after I came on the ground.

How long before you missed it? - I think it must have been a quarter of an hour before I missed it.

Did you recover your watch again? - I recollect very well the watch was given to Lady Lake, and she took it home with her; and when we took Mr. Barrington before justice, I sent for the watch, and the watch was given to me by a servant.

Have you the watch now? - The Constable has the watch.

Have you any thing to say to the prisoner at the bar? - Yes, my Lord: the clerk of the course, whose name is Furnish, said somebody wanted to speak to me; I had a horse run there that day, and he won the first heat; I gave a short answer; he said it was something particular: a gentleman at that moment came up to me, and said, he wished to put me on my guard, that he had seen Mr. Barrington follow me about a considerable time, and that he seemed to have some design, and he asked me if I had taken notice of any person; I immediately said, has he a light coloured coat on? he said yes: I then felt for my watch, and found it was gone, for I recollected, after the first heat my horse had won, I was on the stand; I ran out of the stand as quick as I possibly could, and I went and

laid hold of my horse by the bridle, and was leading him to the post, where the jockeys are weighed; it is necessary that a jockey should be weighed at a certain place; a great many people pushed round me; but one person in particular came between my horse and me, which I thought rather particular; he had a light coloured coat on.

Have you any idea of the dress, figure, or the person of that man? - Yes, I had an idea of the dress, figure, and the person of the man the first time.

What is that idea? - It was a person in a light coloured coat; but as the first push was not a very strong one, I did not notice him much; the person that pushed me fell back upon my looking; that was the person in the light coloured coat; then somebody, that I take to be the same person, as that I have sworn to be Mr. Barrington, came against my arm as I was leading my horse, with a more violent push, which I thought an exceeding rude thing, where a gentleman was leading his horse up, and I lost my temper, and asked him, with an oath, where he was coming.

You think that was the same man? - I think it was.

Whether it was the same man or no, he had a light coloured coat on? - To the best of my belief it was the prisoner Barrington.

Cannot you describe a little more accurately how he came up the second time? - I was walking as I might be here, close by the horse's cheek, I was rather behind the horse's head, as it might be hold of the horse's head, so that there was but little room between me and the horse; I thought it was a rude thing for any one pushing against me; the man came up straight against my arm, rather behind me than before me; I looked round, and the person, whoever he was, fell back; and the colour of his coat, and his figure, was what appeared to me to be Mr. Barrington; the second time he pushed against me I looked very hard at him, and he looked with his eyes as if he did not know what he was looking at, as if he was looking at the scales; what made me take particular notice, was the blow being repeated on my arm, and my immediately turning round and looking at the person, and asking him, with an oath, where he was coming to, it struck me as if the person had a wild look with his eyes, and was looking for something, and did not know what.

Is that the whole? - Yes, that is the whole.

Did you see the prisoner, Barrington, that day? - I took him.

Was he then taken? - No.

Then afterwards, in consequence of what Mr. Blades said, and what you recollected, you went after him? - Mr. Blades said, I will see for him, and if I can see him, I will let you know; then one of the witnesses, Mr. Kempton, came up to me, and people asked me questions if I had had my pocket picked, and I said no, it was a false report; I said so to keep the matter quiet; however, Mr. Kempton came to me, and asked me if I had lost my watch; I said in a low voice that I had; then, says he, I can shew you the man; he is gone to the starting post.

Where did you find the prisoner? - I found him by the starting post; the horses started a quarter of a mile from the weighing post; this is about a quarter of a mile from the place where I was when Mr. Blades came to me; I went up on foot; the horses were all drawn up ready to start; I happened to get near to Mr. Blades; I did not know it till I heard his voice; Blades immediately said, there is Barrington, collar him; and I immediately said, that is the man that ran against me; the horses were drawn up, and ready to start; I was afraid to run across the course for fear of interrupting them; I waited till they were passed; I waited till Barrington's back was turned from me; he was walking towards the weighing post; as soon as his back was turned I ran up to him as fast as I could, and I collared him with both my hands, and I said, you rascal, you have robbed me.

Court. I do not think any thing will turn on the conversation you had with him? -

Mr. Blades, who was standing by me, came up and laid hold of Mr. Barrington; and Mr. Kempton seeing what we were about, and he being a stoutes man than Mr. Blades, supplied Mr. Blades's place; and we conducted Mr. Barrington with one hand on his collar; and with the other hand I caught hold of his arm, because I suspected he might have the property about him, from his saying to a man (whom I supposed, by his appearance, was an acquaintance of his); he nodded with his head, and calling him by his Christian name, said,

"Do you walk there." Mr. Kempton and me had him then by the collar.

Where was that? - That was on my side; and the man did walk for about half a quarter of a mile, half way to the stand; and when he had got about half way, that man came up and said,

"Sir, do not trouble yourself with that fellow, but let me take him;" and I said,

"I heard what Mr. Barrington said to you;" and having some friends about us, I said

"Do not let that fellow walk there any longer;" and one man whom I did not know, took and knocked this man on his back, out of the way; and I never saw him afterwards: when I got near the booth, I met my coachman, who was a very stout strong man; I let Barrington go; and I fancied the coachman suspected he had something in his hand; and he laid close hold of his fist, and the other hand by his collar; and in that way conducted him the rest of the way to the booth; I was walking before; I know no more of the business, only I saw him safe in the booth; and as he was going over the booth, there was a little man with a stick struck him over the head once or twice; I was rather in a disagreeable situation; I did not like to see a man beat, with both his hands confined; and I desired him to desist, and he did not; and I was obliged to tell him that if he did not, I would knock him down; and I thought I should have all parties against me.

Mr. Garrow, Prisoner's Counsel. You was dressed pretty much as you are now? - Pretty much; I had nearly the same clothes on.

Does that include that your coat was in the same state it is now, buttoned? - The same as it is now.

Please to front the jury a little more: the sensation that the man in the white coat occasioned to you at first, was that of a man pushing rudely against the proprietor of a horse that had won? - Yes, it was.

No other sensation had been occasioned in your mind till Mr. Blades had spoke to you? - None whatever.

From the period of weighing your jockey, till the time Barrington was secured by you, how much time had elapsed? - It must have been very near half an hour.

In the course of what I have to say, I shall express great ignorance of horse raceing; I know nothing about it, therefore have the goodness to excuse it, if I should ask you any ignorant questions. I apprehend, the moment of the conclusion of the heat is a very anxious one? - Yes, Sir, it is.

And those who have bets on the preceding heat, or have bets to make, naturally wish to see the horse on coming in? - Certainly.

Those that have large bets wish to see it the jockey has any make-weight? - I suppose so.

Therefore the situation of any person who has a bet, is that of getting near the winning post? - Yes.

The first sensation you felt, was, that it was a natural pressure? - I did not think it was natural.

Not for a man to be near the winning horse? - Yes; but I should not have done so, to run against the proprietor of a horse that had won.

I do not know whether you expect the manners of a drawing room on a race ground? - There is a kind of etiquette that is observed.

There are decorums that are better observed, certainly; but an unpolished or ignorant man might run against the proprietor

of a horse. You did not know the person of Mr. Barrington before? - No, Sir, I never saw him before.

You told me that several people, after Blades had spoke to you, had come to you to know if it was true you had lost your watch? - Yes; I suppose there were four or five.

Therefore the thing was not a profound secret? - It was not.

There had got a rumour about the ground, that Mr. Townsend had lost his watch? - Yes, there had.

Did you chance to know that Barrington had come to the course on horseback? - No, I did not.

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

Court. What might be the depth of that waistcoat pocket? - Much the same as this; my waistcoats are all made alike.

Was it the depth of your finger, three inches? - Yes, full the depth of my finger.

Was there a flap to it? - No, just such a pocket as this: (a welted pocket.)

The watch and chain were fairly covered? - Oh, certainly covered, because I thought something of that kind might happen at such a place.

Where did you put your watch in your pocket? - At home; but I felt it when I was there.

BUXTON KENDRICK sworn.

When the prisoner was first brought up into the booth, in custody, I was very near him; I heard something rattle from behind him; I looked that way immediately, and I saw the watch drop.

Did you see the watch dropping on the ground? - I saw the watch dropping.

Falling? - Yes, falling; I immediately stooped to pick it up; it fell down on the ground directly behind the prisoner.

How was you situated? - I was standing to the right of him.

Which way was your face? - Towards him.

Was you next to him, or was any body between you and him? - I was next to him.

How close behind him was the watch? - It dropped almost between his legs, nearly so.

Did you observe at the time, something rattle? - I could not see either of his hands; they were both behind.

Were his hands at liberty at the time? - They were at liberty.

Do you recollect who brought him up into the booth? - No, I do not; there were a great number of people; and a great number of people laid hold of him, at the same time pulled him and pushed him.

How long after he was in the booth was it, that you heard something rattle, and saw the watch fall, and picked it up? - It was not above half a minute.

You was on his right hand? - Yes.

Who was on his left hand? - There were ladies in the other booth, not the next booth; there was a partition breast high between the two booths.

Then there was no person between him and the partition; and there were ladies in the booth on the other side of the partition: is that right? - Yes, that is right.

Did you take notice at the time you saw the watch fall, or that you picked it up, who were behind him? - There was nothing behind him but the boards, and a carpet nailed over them.

Was he placed at the end of the booth? - Yes, almost in the corner.

Who was immediately next to you? - Mr. Townsend's coachman was next to me.

Who was next to the coachman? - I do not recollect; the coachman and myself were the two nearest.

Was there any body but the coachman and you near enough for the watch to have fallen from them? - No.

Where was the booth? - Opposite the ending post where they come in.

Court to Mr. Townsend. Had you been in that booth? - That was the booth I had been in that I came out of.

Had you been in that corner? - No, I do not think I had, indeed; I am pretty sure I had not been in that corner, because I

kept as near as possible; I stood upon a form all the time my horse was running; there was a row of ladies close to the edge of the booth; and I stood up behind them.

Court to Buxton. Was there any form behind the prisoner? - No, no form at all: a circumstance I forgot; the prisoner attempted to kick the watch back almost at the instant I went to pick it up; he attempted just to push it back again with his heel.

What did you do with the watch? - I gave it to Lady Lake that was in the booth, a relation of Mr. Townsend's.

Is Lady Lake here? - No, she is not.

I suppose you did not know the watch, did you? - No; I had never seen it before I had picked it up; I looked at it when I had picked it up.

Did you see it again afterwards? - Yes, I did, at the Angel at Edmonton.

The same watch? - The same watch.

In whose possession? - I do not know exactly who had it then; Mr. Townsend I fancy had it.

Have you ever seen the watch in Mr. Townsend's possession since? - Not since that day; I saw it that day in his possession, and put a mark on it, that I might know it again.

Court to Mr. Townsend. Was the watch that you saw in that gentleman's possession that day, the watch that you lost? - Yes, it certainly was.

Mr. Garrow. I understand you can ascertain the watch, you say, again, by a mark on the inside? - Yes, I can.

Do you mean to be understood, that in the booth you took so much notice of it, that you should know the watch again? - I took notice of it by the hands.

How many hands was there? - Three hands.

That on a race course is of great importance? - Yes.

Because things are minuted on the race ground? - I observed a gold linked chain and a gold seal.

That is not a very uncommon circumstance. In the particular booth to which Mr. Barrington was carried, there were Lady Lake and other ladies, particular acquaintances of Mr. Townsend's? - Yes, there were.

That was a booth on the ground? - Yes.

The next adjoining booth was a covered booth, to which any body was admitted for six-pence? - Yes; the booth was partitioned elbow high.

Not breast high? - No, not so high.

And any other persons who could afford to pay their six-pence, were admitted? - Yes.

Now we have heard that the prisoner was secured at the instant the horses were going to run the second heat: was he carried into the booth then or afterwards? - Just as the horses were coming in.

How long had the rumour of Mr. Townsend's having lost his watch reached you before? - I believe, half an hour; but I did not go out of the booth.

The thing was pretty well known, however? - Yes, it was.

And there was another rumour, I believe, nearly coeval with it; namely, that Barrington was on the course? - Yes, there was.

Had that rumour reached your ears soon after the first heat? - I did not hear he was on the course before I heard he had taken Mr. Townsend's watch.

It was full half an hour before he was taken? - Yes.

Did you see Mr. Barrington searched? - Yes, at the court; he had twenty-two guineas and a half in money.

A guinea means a pound in the language of the turf? - I do not know.

Mr. Townsend. No, a pound means a guinea.

Mr. Garrow. I beg pardon.

- WALDUCK sworn.

I am coachman to Mr. Townsend. I know nothing of the matter till the prisoner was in custody; I helped to take him up into the booth; I had one hand on his collar, and the other hold of his hand.

Which hand? - My left hand had hold of his right hand.

Do you recollect whether his hand was open at the time you laid hold of it, or whether the fingers were closed? - It was open; I laid hold of it when it was open.

Then he could have nothing in his hand? - Nothing at all; we brought him to the booth; when we got into the booth, my master left me in care of him; I put him at the back of the booth; and there was a carpet nailed at the back of it.

Was there any body behind him? - Nobody at all.

Was there any body on one side of him? - Mr. Kendrick, the young gentleman who picked up the watch; he was on one side, and I on the other.

Whereabouts were the ladies? - In the adjoining booth, about three foot and a half, or four foot; they were looking over the booth.

Were they looking over the side you was on, or over the side Mr. Kendrick was on? - The side I was on.

What do you say about the watch? - I saw the watch drop between Mr. Barrington and the carpet.

By the situation you describe, that must be behind him? - It apparently fell on the left side of him, behind him.

You say you saw it drop: do you mean that you perceived any thing of it before it reached the ground, or when it was on the ground? - I saw it as it jingled down, before it had reached the ground.

Then it could not have been on the ground when Mr. Barrington was brought in? - No.

Do you recollect the situation of the prisoners hands or arms at the time? - I did not notice any motion he made at the time.

Where were his hands or arms; were they before or behind? - His arms hung down on each side of him.

Could you see his hands? - I did not particularly notice that I did see his hands.

Who took up the watch? - Mr. Kendrick.

Do you happen to know whose watch it was that was taken up? - I knew it to be my master's watch.

You had seen it before? - I had it a few days before, one afternoon, in my possession, fetching it from London.

What became of the watch? - I do not know who Mr. Kendrick gave it to.

Mr. Garrow. My lord has asked you whether you knew the watch: recollect yourself: you was asked the same question before the magistrate, and the watch was then shewn you? - Yes, it was.

Upon your oath did not you at that time say, that you could neither tell that that was your master's watch, nor the watch that was taken off the ground? - I said no such-thing.

That you are positive of? - I am positive of it.

You was placed in the situation your master had been in; and left to watch Mr. Barrington? - I was.

You kept your eyes upon him? - I did.

If he had put his hands in his pockets you would have prevented him? - I do not know that I was so curious as that.

Upon your oath did he put his hand into either pocket, or attempt any such thing? - Not to my knowledge.

Do not you know he did not? - No, I do not.

THOMAS KEMPTON sworn.

On Wednesday, the 1st of September, on Enfield race ground, I met Mr. Townsend; I asked him if he had not lost his watch? he replied, yes; I told him Barrington was on the course; he asked me where? I told him at the distance post; I went down there, and Mr. Townsend had got hold of Barrington; then I went to see the decision of the plate; and when I returned I saw the watch in Mr. Kendrick's hand.

WILLIAM BLADES sworn.

On the 1st of September I was at Enfield races, close by the stand: I then saw the prisoner, Mr. Barrington, as I thought; I told a friend of mine it was Barrington,

to my best opinion; no, says he, it cannot be Barrington, to be along with Mr. Townsend, for he was as close to Mr. Townsend as he possibly could be.

Did you observe that they had any conversation, or do you know now whether that man was Barrington or not? - I am well convinced it was Barrington: I then went to Mr. Townsend, to be perfectly satisfied; and I asked him if he recollected a tall thin gentleman in light clothes? he said, I do remember seeing such a person, but he is no acquaintance of mine; Mr. Townsend then asked me why I asked the question? why, says I, I have an opinion it was Barrington; he immediately felt at his pocket; says he, I have lost my watch; Mr. Townsend begged the favour of me to walk up and down the course to shew him the person, for he said, he could recollect him; and in twenty minutes time I saw the person, says I. I see the person now; Mr. Townsend said, that is him, is not it? yes, says I, Sir, it is; he went and took hold of him, and said, your name is Barrington, damn me, Sir, says he, you have robbed me of my watch; and I assisted him, and took hold of him; going along, he did not try to get away himself; other people seemed to be trying.

Court. He could not help what other people did? - I saw him in the booth: I did not see the watch.

Mr. Garrow. Did not the prisoner immediately say, you are right, Sir, as to my name; but I have not your watch? - I heard him say nothing about his name.

( George Law , the constable, produced the watch which he received of Mr. Townsend, which was deposed to by Mr. Townsend, to be his watch that he lost on the course that day, which was sent by Lady Lake's servant to the Angel, at Edmonton: it was also deposed to by the coachman, as the watch that was picked up in the booth.

Law. Here is another watch, a purse, and a pair of spurs.

MARY DANBY sworn.

I was in the next booth to that in which the prisoner was brought in; I was but a very little way off him; there was nobody between him and me; nothing but the partition; I was next the partition; the prisoner was sideways to me when he dropped the watch on his side; he dropped the watch from his hand; I told him of it at the time; I cannot recollect which hand: his hand was by the side of him at the time I saw it drop from him; and I mentioned it to him at the time.

Mr. Garrow. Was it the side nearest to you or farthest from you? - Nearest to me.

There were many persons in the same booth with you? - Yes.

You paid for your admission? - Yes.

Did you go before the magistrate? - No.

So this is the first time you was examined on the subject? - Yes.

How was you found out? - I do not know: a gentleman that went with me to the races told Mr. Townsend.

Pray where do you live? - At Ponders End.

A married or single lady? - Single.

Do you know where the prisoner got the watch from? - I cannot say.

You did not see him take it from under his hat? - No.

If it had dropped behind, and he had attempted to kick it, you must have seen that? - I did not pay any attention to that.

If he had got before and attempted to have kicked with his heel backward, you could have seen him? - I looked in his face; and I was pulled away; somebody else crouded to the partition.

Did this gentleman live in London that was with you? - I do not know where he lives. You do not mean the gentleman in the carriage.

Yes, I do? - Oh! I forget his name; Mr. Townsend, I believe, knows him: he was not in the booth with me.

Are you an acquaintance of Mr. Townsend's? - No.

Where did you find that gentleman? - He is an acquaintance of my father's.

Who was entrusted by your father to

carry his daughter to the races in a one horse chaise? - Yes.

How long has he been acquainted with your father? - I do not know: he is my step father. Does any body here know his name?

Do not ask any body else. - I never was in his company but that one time.

Did he come from London? - I do not know where he comes from; I believe he comes out of the country; he called at my father's; and as he was going down, my father asked him to carry me to the races.

Did he bring you back again? - No; I came home in another gentleman's chaise cart.

What was that gentleman's name? - I do not know him.

What part of Ponders End do you live in? - I live just by the Two Brewers.

Do you usually take these excursions? - I was with more company, and it rained very hard.

What company was you in? - I was with my sisters.

Try and recollect the name of one of those gentlemen? - I do not know either of their names; I never saw the gentleman that called in the morning, before or since.

Then he did not come to you with a message from Mr. Townsend? - No, Sir, Mr. Townsend came to me himself.

Is this a young gentleman? - No, he is an elderly gentlemen; he is a farmer in the country.

Should you know his name if you heard it? - I do not know.

Was it Forrester? - I do not think it was; I do not know.

Was it Bishop? - I cannot swear to his name.

Mr. Townsend. I think the young woman's character is in some measure at stake; therefore I wish to clear up this matter: that young woman's father-in-law is a farmer, who has lived a long time in the neighbourhood I live in, and has for a long time been respected; that gentleman to whose care she was intrusted, is an elderly man, whose name was Mr. Chase; he was going to the races in his one horse chaise; he told me of this circumstance; and my coachman said, that when Barrington said,

"did any body see me drop the watch?" a young woman in the booth said,

"Yes, I did!" I related this to Mr. Smith, the attorney to the India Company, and he said this was a very material witness.

Mr. Garrow. I submit Mr. Townsend cannot tell the conversations.

Court. It does not go further than restoring the credit of the witness; therefore it is fit that when any thing seems to bear against the credit of a witness, all manner of circumstances should be related.

Mr. Townsend. Mr. Smith said, that will be a very material witness: I never could learn any thing about her, till on Saturday last I went by accident to Mr. Chase, who had been a long time a servant to my father, and owed a small rent of five guineas or five pounds; he asked me about losing my watch; and he said,

"a young

"woman I carried to the races in my

"chaise saw him drop the watch."

Court. The circumstances were certainly such as made it the duty of the council to go into the examination; but it was also equally fit to hear every thing that could be said to establish the credit of the witness, who certainly appeared to have gone to the races in a way that did not appear proper: there is no way of finding out the truth but by examining into all the circumstances.

Court to Prisoner. Prisoner, you have heard the whole of the evidence that is against you: you are to state the matter of fact to the jury yourself, with the observations on the evidence on the part of the prosecution; and, by way of introduction to your own evidence, if you have any yourself. Your counsel are only permitted to cross-examine the witnesses on the part of the prosecution, and to examine your own witnesses; and this is the time for you to make your defence.

PRISONER's DEFENCE.

May it please your lordship, and you gentlemen of the jury, to favour me with your

attention for a little time. The situation of every person who has the misfortune to stand here is extremely distressing and aukward; mine is so in a peculiar degree: if I am totally silent, it may be considered perhaps as a proof of guilt; and if I presume to offer those arguments which present themselves to my mind, in my defence, they may not perhaps be favoured with that attention which they might deserve; you by no means distrust the candour and lence of the jury; and therefore I beg leave to proceed to state the circumstances of the case as they occur to me, ing but they will meet with some credit, notwithstanding the un- ion I am in. Gentlemen, I the race ground at Enfield, observing the race, on the day that the indictment mentions, where I found myself surrounded by Mr. Townsend, and numbers of others; Mr. Townsend said,

"Your name is Barrington, and you have taken my watch!" I told him he was right as to my name, but he accused me unjustly; however I would go any where with him: I was removed from thence to a stand, from whence the races were viewed; it consisted of two booths, and they were separated from each other with only a railing elbow high; and it is a great misfortune to me, gentlemen of the jury, that you were not able to observe the situation of those booths; for if you had, you would have found it nearly impossible that some circumstances which have come from the witnesses could be true: I was close to the railing that separated the two booths, and some person said,

"here is the watch!" this watch Mr. Townsend claimed, and said it was his. I was removed from thence to the Angel at Edmonton, where the examination took place; and I am very sorry to be under the necessity of observing, that a very material difference has taken place in the depositions delivered that day before the magistrate in various respects. A witness (the coachman) positively declared that he did not see this watch in my hand, that he did not see me take it from my pocket, that he did not see it drop from the person, but that he saw it on the ground; and he might have gone so far as to say he saw it fall: I took the liberty of asking him one question, Whether he had seen this watch in my hand, whether he had seen it fall from me? he declared he did not. I then asked him, whether he could take upon himself to swear, from the situation he stood in at the adjoining booth, that this watch might not have dropped from some other person? he declared he could not observe any such thing. Gentlemen, with respect to the evidence of Mr. Kendrick, he made the same declaration then.

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

Reference Number: t17900915-10

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 15th of SEPTEMBER, 1790, and the following Days;

Being the SEVENTH 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 VII. PART II.

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. 31, Pater-noster Row; and J. MARSOM, No. 183, High Holborn.

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.

Continuation of the Trial of George Barrington .

Mr. Townsend has brought me here under the charge of having committed felony; he has told you, gentlemen of the jury, that he lost a watch out of his pocket, and that pocket is a waistcoat pocket, that he was in a very extraordinary situation; that he was on the race ground, where certainly the greatest decorum is not always observed; and he was also in a situation which exposed him more to the pressure he complained of than any other person; for, instead of his horse being in the possession of his jockey or groom, he attended it himself; and I must beg leave to observe, gentlemen of the jury, that it is a custom where people bet money at races, to wish to see the horse immediately after the heat is over, so that the pressure which Mr. Townsend had, or what he thought he had from me, could not appear very extraordinary; and I am under the necessity of saying, his fancy has rather been improved on the occasion. With respect, gentlemen, to the last witness that has appeared. I will not say any thing on the occasion; that will rest entirely with you. It was a circumstance, however, of a most extraordinary nature, that this person should never come forward till the present moment; and whether the contradictions and strange accounts she has given of herself, are such as entitle her to any credit, particularly in a situation where the life or liberty of another is at stake, is not for me to observe upon. Gentlemen of the jury, it may perhaps be expected by many persons in this place, that I should say a great deal about prepossessions and newspaper reports, and if I had the ability to do it, perhaps I should not be blamed; for he who has been the unhappy object of much defamation, has surely a right to deprecate its baneful effects; where much pains have been taken to defame, some pains may be surely allowed to abate that defamation. Gentlemen, that it has been the hard lot of some unhappy persons, to have been convicted of crimes they did really not commit, less through evidence than ill-natured report,

is doubtless certain; and doubtless there are many respectable persons now in court, fully convinced of the truth of that observation. Such times, it is to be hoped, are past; I dread not such a conviction in my own person; I am well convinced of the noble nature of a British Court of Justice, the dignified and benign principles of its Judges, and the liberal and candid spirit of its Jurors.

Gentlemen, life is the gift of God, and liberty is its greatest blessing; the power of disposing of both, or either, is the greatest man can enjoy. It is also adventitious that, great as that power is, it cannot be better placed, than in the hands of an English Jury; for they will not exercise it like tyrants, who delight in blood, but like generous and brave men, who delight to spare rather than to destroy; and who, not forgetting they are men themselves, loan, when they can, to the side of compassion. It may be thought, gentlemen of the jury, that I am applying to your passions, and if I had the power to do it, I would not fail to employ it; the passions animate the heart; and to the passions we are indebted for the noblest actions, and to the passions we owe our dearest and finest feelings; and when it is considered, the mighty power you now posses, whatever leads to a cautious and tender discharge of it, must be thought of great consequence, for, as long as the passions conduct us on the side of benevolence, they are our best, our safest, and our most friendly guides. Gentlemen of the jury, Mr. Townsend has deposed that he lost his watch, but how, I trust is by no means clear: I trust, gentlemen, you will consider the great, the almost impossibility, that having had the watch in my possession for so long a time, time sufficient to have concealed it in a variety of places, or to have conveyed it to town, it should be still in my possession. You have heard from Mr. Townsend, that there was an interval of at least half an hour between the time of losing the watch and my being taken into custody: there is something, gentlemen, impossible in the circumstance; and, on the other hand, it has sometimes happened, that remorse, a generous remorse, has struck the minds of persons in such a manner, as to have induced them to surrender themselves into the hands of justice, rather than an innocent person should suffer. It is not therefore, I suppose, improbable, that if Mr. Townsend lost his watch by an act of felony, the person who had the watch in his possession, feeling for the situation of an unhappy man, might be induced to place that watch on the ground. But it is by no means certain how Mr. Townsend lost his watch, whether by an act of felony, or whether by accident: it might have fallen into the hands of some other person, and that person feeling for my unhappy situation, might have been induced to restore it. I humbly hope that the circumstances of the case are such as may induce a scrupulous jury to make a favourable decision; and I am very well convinced that you will not be led by any other circumstances than those of the present case; either from the reports of former misfortunes, or by the fear of my falling into similar ones. I am now just thirty-two years of age (shall be so next month) it is nearly half the life of man; it is not worth while being impatient to provide for the other half, so far as to do any thing unworthy. Gentlemen, in the course of my life I have suffered much distress; I have felt something of the vicissitudes of fortune, and now, from observation, I am convinced upon the whole, there is no joy but what arises from the practice of virtue, and consists in the felicity of a tranquil mind and a benevolent heart; sources of consolation which the most prosperous circumstances do not always furnish, and which may be felt under the most indigent: it will be my study, gentlemen, to possess them, nor will the heaviest affliction of poverty, pain, or disgrace, cause me to part with resolutions founded on the deepest reflection, and which will end but with life: I will perish on the pavement before I will deviate from them. For my own part, whatever your verdict may be, I trust I

shall be enabled to meet it with a firmness of mind; he, indeed, has little to fear from death, whose fame is tarnished, and who has endured the ceaseless abuse of unfeeling minds; when Heaven accepts contrition; it receives into favour when it pardons; but man, more cruel than his Maker, pursues his offending brother with unrelenting severity, and marks a deviation from rectitude with a never dying infamy, and with unceasing suspicion and reproach, which seem to exclude him from the pale of virtue.

Gentlemen of the Jury, the thought of death may appal the rich and prosperous, but on the other hand the unfortunate cannot have much to fear from it, yet the tenderness of nature cannot be quite subdued by the utmost degree of human resolution, and I cannot be insensible to the woes which must be felt by an affectionate companion, and an infant offspring; and there is, besides, a principle in human nature, stronger even than the fear of death, and which can hardly fail to operate some time or other in life, I mean the desire of good fame: Under that laudable influence, gentlemen, if I am acquitted, I will quickly retire to some distant land, where my name and misfortunes will be alike unknown; where harmless manners shall shield me from the imputation of guilt, and where prejudice will not be liable to misrepresentation: and I do now assure you, gentlemen of the jury, that I feel a cheering hope, even at this awful moment, that the rest of my life will be so conducted, as to make me as much an object of esteem and applause, as I am now the unhappy object of censure and suspicion.

Mr. Townsend. My Lord, permit me to say a word.

Court. By no means in the world, not a word.

Court to prisoner. Have you any witnesses? - No my Lord.

COURT. Gentlemen of the Jury, this prisoner, George Barrington , stands indicted for stealing a gold watch, a gold chain, three cornelian seals, set in gold, and a metal key, the property of Henry Hare Townsend , Esq. and this being the whole of the indictment, I need not state in you, that it is not a capital offence, but it is a charge of single felony, Mr. Townsend tells you - Here the learned Judge summed up the evidence, and then added.

This is the whole of the evidence; to you see what is the result of it. The result is, that Mr. Townsend having somehow or other lost his watch he not able of his own knowledge to describe the circumstances of having lost it, concludes that his pocket was picked of it somewhere, not that he dropped it: then the circumstances that go to fix the guilt on the prisoner, are these; that he was seen close to Mr. Townsend, in a way that alarmed Mr. Townsend, and he expressed surprise that he should be pushed upon in the way he was, and in a situation that might afford an opportunity to a man who was disposed to make use of it, to have taken his watch: that foundation being laid, they go further, and they endeavour to satisfy you that this watch was in fact in the prisoner's custody; for all the circumstances relative to the dropping of the watch, go to that; and that he endeavoured to get it out of his custody for fear the possession of it should (as it certainly would) be a very evident proof of his having taken it: to be sure, if a gentleman losea his watch on the race ground, and it is found afterwards on a man who does not give a good account of it, and on whom any suspicion can fasten, it calls upon him to answer for such possession; but it certainly is liable undoubtedly to all kind of explanations; because if a watch was found on a man of such character as Mr. Townsend, who could convince all the world that he would not commit such a thing, and he was to say he found it, it would be extremely different: but they do not prove simply that the watch was found there, but that it was seen in the act of falling, and that would have left it open to the possibility of its being thrown down, or falling from some other person: but if it be true that it was in his possession, then it is necessary for him to give you a satisfactory account, how he came by it. He has addressed himself to you, by way of defence,

and he has added every thing that could interest you in his favour; in the general turn of his address to you he has also made all the observations that I think could be made, on his part in his favour, and you have heard them with attention, and you will do him the justice to give them all the weight they deserve, but you will give them no more weight than they deserve; and you will therefore judge now, whether to you it appears with sufficient certainty, that that watch fell from the prisoner, when he was in the booth, and if it did, whether that, together with the other circumstances, of his being seen by Mr. Townsend in the way he describes, do not convince you that he must have been either the person that took the watch, or connected with those that did; in either case you will find him guilty: on the other hand, if you, on the observation he has made to you, or on others that occur to yourselves, see any reason to believe, that the charge does not conclude against him, with sufficient certainty, that he was the man, then you will acquit him.

The Jury instantly found him GUILTY .

After the verdict was pronounced, the Lord Chief Baron thus addressed the prisoner:

Mr. Barrington, Hitherto I have conducted myself towards you on this trial, as if I had never seen you before; but now, when nothing I can say can prejudice the Jury, I must say that you have been treated with much more favour than you deserve. This ought to have been a capital indictment, and it ought to have reached your life, and public justice very much calls for such a sacrifice; for if ever there was a man in the world that abused and prostituted great talents to the most unworthy and shameful purposes, you are that man; and you have done it against all warning, against the example of your own case, and of a thousand other cases that have occurred; and I am afraid, that now, as the punishment does not reach your life, I cannot entertain the least hope that you will in any manner reform; but that you must be a shameful spectacle at your latter end.

Mr. Barrington bowed and retired.

On Wednesday, September 22d, being the seventh day of this session, this prisoner, GEORGE BARRINGTON , was set to the Bar.

Clerk of the Arraigns. George Barrington , hold up your hand; you stand convicted of felony; what have you to say for yourself why the Court should not give you judgment to die according to law.

Mr. Recorder. George Barrington : the sentence of the Court upon you, is, that you be transported for the term of seven years to parts beyond the seas, to such place as his Majesty, with the advice of his Privy Council, shall think fit to declare and appoint .

Mr. Barrington. My Lord, I had a few words to say why sentence of death should not be passed upon me; I had much to say, though I shall say but little on the occasion: Notwithstanding I have the best opinion of his Lordship's candour, and have no wish or pleasure in casting a reflection on any person whatever; but I cannot help observing that it is the strange lot of some persons through life, that with the best wishes, the best endeavours, and the best intentions, they are not able to escape the evenomed tooth of calumny; whatever they say or do is so twisted and perverted from the reality, that they will meet with censure and misfortune, where perhaps they were entitled to success and praise. The world, my Lord, has given me credit for much more abilities than I am conscious of possessing; but the world should also consider that the greatest abilities may be so obstructed by the mercenary nature of some unfeeling minds, as to tender them entirely useless to the possessor. Where was the generous and powerful man that would come forward and say, you have some abilities which might be of service to yourself

and to others, but you have much to struggle with, I feel for your situation, and will place you in a condition to try the sincerity of your intentions; and as long as you act with diligence and fidelity you shall not want for countenance and protection? But, my Lord, the die is cast! I am prepared to meet the sentence of the Court with respectful resignation, and the painful lot assigned me, I hope, with becoming resolution.

Mr. Barrington bowed and retired.

Reference Number: t17900915-11

601. MARY FLYNN was indicted for stealing, on the 13th of August last, three yards of muslin, value 25 s. the property of George Parker .

GEORGE PARKER sworn.

I can only prove the property.

ANN DAY sworn.

I live with Mr. Parker as shopwoman; he keeps a childbed-linen and muslin warehouse ; on the 13th of August, about seven in the evening, I was in the shop, and the prisoner came in and asked to look at some muslin; I was busy with a lady at that time; I took the muslin down and shewed her; she asked the price, and I told her; she said it was too dear; I said we had nothing cheaper; she then drew a piece of muslin from under the piece she was looking at; I saw her do it; she said it was too dear, and left the shop; I followed her, and took her about forty yards from the door; she asked me what I wanted; I said she must come back; she made some resistance, but I brought her back, and she threw the muslin into the shop; the muslin is here; (produced) I can swear to the muslin; here is R. D. on it, in Mr. Parker's hand writing.

Mr. Parker. I know this to be my property, by my own mark.

PRISONER's DEFENCE.

I know nothing about it; I did not take it; I was not from the shop door; she sent for a constable; I have two young children, and they have no father living; I have not seen my children since I came to gaol.

Prosecutor. There were some people here to give her a character last night.

GUILTY .

Imprisoned twelve months , and fined 1 s.

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17900915-12

602. GEORGE HERRINGTON was indicted for stealing, on the 15th of July last, three nail tools, value 5 s. two hammers, value 1 s. and four pounds of old iron, value 6 d. the property of Isaac Satterthwaite .

THOMAS BANETT sworn.

I am a smith; I am servant to the prosecutor; he lost the things in the indictment out of the shop on Friday the 15th of July, between one and two o'clock; I did not see the prisoner take them, I saw him drop it from his shoulder into a cart, about seven or eight yards from my master's house; the prisoner is a dustman; he took out ashes from the shop; as soon as he tumbled the basket into the cart, I went up to the cart; I took the three nail tools out of the cart; I found nothing else in the cart; the hammers were found afterwards; I have had the nail tools ever since. (Produces them.) They were not missed till we examined the shop, and then we found one tool missing; we did not look for any others; I can swear to all the three.

Mr. Knowles. You had known this man before? - No.

He came to take away the dust; and his man, Chillery, was with him? - Yes.

Chillery filled the dust, and this man shot it into the cart? - Yes.

You saw it immediately it was shot? - Yes, and I told the justice I thought he was innocent, and I think this man is innocent;

I let this man go, and took the other man; I believe he never saw it.

Court. After what this man has said; it is unnecessary to go on.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17900915-13

603. MARIA WALKER was indicted for stealing, on the 10th of September last, one pair of sheets, value 2 s. and a bed quilt, value 1 s. the property of Henry Bennet , in a lodging room let by him to the prisoner, to be used by her .

HENRY BENNET sworn.

My wife let a lodging to the prisoner; I knew of it; she was to pay three shillings and sixpence a week; they were furnished; I lost two sheets and a quilt; they were on her bed; I know nothing more of this transaction.

ELIZABETH BENNET sworn.

The prisoner took a lodging of me; the first week that she was there she came and knocked at my door at ten at night, and said she had lost her blanket and quilt off the bed; I told her, she was the person I delivered them to, and I should look to her for them; the next morning she said she had found the rug but not the blanket; the 10th of this month the sheets and quilt were on the bed; I went down on the 11th in the morning, and I found the prisoner on the bed; the things were then missing; she said she knew nothing of them; I told her it would not do, and I went for an officer, and took her up; she said she knew nothing of them; when she was in custody, she asked me to let her have her liberty, and she would pay for them; I said I could not; I have never seen them since.

JOHN M'COY sworn.

I saw the sheets and the quilt on the bed on the 11th, about a quarter past twelve on the Friday morning in her apartments; I was called up; somebody called watch and murder; that was the reason I went up there.

PRISONER's DEFENCE.

I went out a quarter after twelve in the morning, and when I returned I found the padlock broke open, and the bed was stript. I was not out twenty minutes, and I called this same watchman, and he said it served me right for not going to bed before.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17900915-14

604. ROBERT MAPPLES was indicted for stealing, on the 20th day of July last, two linen shirts, value 8 s. and two linen aprons, value 2 s. the property of William Bolden .

WILLIAM BOLDEN sworn.

I keep a public-house at Finchley-common ; I lost two shirts and two aprons; the man, whose wife washes for us, came and asked for the linen to wash; my wife brought them down.

- ROBSON sworn.

I was at the public-house; I went to fetch some linen for my wife to wash; I put it on the table, and asked Mrs. Bolden if she had any thing to wash; I went to the door to hold a horse, and I came in again, and asked Mrs. Bolden for her bundle, and she said she laid it on mine; I said it is not here, nor the man who sat here; I saw him go out with a bundle, but I did not know whose it was.

GEORGE LAWFORD sworn.

I saw the prisoner in a bye path in a field, and I met Mr. Bolden's ostler, and he asked me if I had not seen such a man; I said I had seen him, and told him which way he went; I pursued him, and I took him about three quarters of a mile; he said I suppose you want this bundle; I said

yes, and you too; I brought him back to Mr. Bolden's, and I met Mrs. Bolden, and she asked me if I had got her things; I said I had got a bundle; she told me the contents, and I opened the bundle, and the things were as she described.

(Produces them. Deposed to by Mr. Bolton.)

PRISONER's DEFENCE.

I had been to Barnet to work, and was much intoxicated; I went into this house, and took this bundle by mistake instead of my own.

GUILTY .

Imprisoned one month , and publicly whipped .

Tried by the first Middlesex Jury before Mr. COMMON SERJEANT.

Reference Number: t17900915-15

605. THOMAS BOOTH and JOHN HAMRAN were indicted for stealing, on the 24th of August last, four planes, value 4 s. a saw, value 6 s. 6 d. and divers others carpenters tools, the property of David Evans ; and three planes, value 2 s. a pair of compasses, a pair of pincers, and divers other things, value 10 s. the property of Daniel Griffiths .

DAVID EVANS sworn.

I am a journeyman carpenter ; I lost the articles in the indictment on Saturday the 14th of August; they were locked up in a vault, in the kitchen of a new house which was building in Berner-street ; they were missed on the Monday morning about nine o'clock; the place was broke open, and all were gone; I saw them afterwards on the Tuesday, between twelve and one, in the custody of the constable.

- FIDLER sworn.

I am a constable. About a quarter after ten, on Sunday, the 15th of August, I was told there was some lads in Roebuck-alley had got some carpenters tools; I went there and saw them; and the prisoner Harman had them in a basket; the watchman had stopped him; he had hold of the basket; he said a person gave them to him who belonged to them; I took him into custody: Booth was not there then; there was another lad with him; he was discharged by the justice.

(The things produced.)

SAMUEL JOHNSON sworn.

I am a watchman. I was going my round at ten: I saw Harman and another in Roebuck-alley; I went down, and I detained them; the tools were in a place where a jackass is kept; and they were outside. I desired a man to call a constable; he called Mr. Fidler; the tools remained there till Mr. Fidler came up; he took the tools: at half past eleven I went round, and Booth was in the place where the tools were found; I asked him what he was doing there? he said, to ease himself; he said he came out of Holborn; I took him to the watch-house, and he was committed.

Frances Botwood called on her recognizance, and not appearing, her recognizance was ordered to be estreated.

DANIEL GRIFFITHS sworn.

I am a journeyman carpenter. My tools were in the same place as Evans's; no others were there; the door was padlocked; I did it myself; the lock was taken off.

(Deposes to his own tools. Evans deposes to his tools.)

HARMAN's DEFENCE.

I was going up Gray's-inn-lane, and I saw a man carrying a basket, and he asked me to carry them; he said he knew my father very well; he asked me to get a place to put them in; and I got this place; my father lives in this same court.

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

THOMAS BOOTH , NOT GUILTY .

JOHN HARMAN , GUILTY .

Privately whipped .

The prisoner Harman's master offered to take him, and he was delivered to him.

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17900915-16

606. SUSANNAH CHAPMAN was indicted for stealing, on the 30th of August , five yards of printed cotton, value 10 s. the property of Robert Roberts .

ROBERT ROBERTS sworn.

I live in Russell-street, Covent-garden . The prisoner came into my shop: I was serving some ladies; I saw the prisoner come up to the counter; and I turned quick, and she ran out; I followed her about forty yards, and laid hold of her; and she immediately gave me this gown, and begged for mercy: (produced the gown, and deposed to it): I believe it was on the counter about two minutes before, on the part where she came up to; there has been a number of very respectable people to give her a character; I believe it is her first offence.

Prisoner. I am not guilty.

GUILTY .

Fined one shilling , and imprisoned one month in Newgate .

Reference Number: t17900915-17

607. MARY HUDSON was indicted for stealing, on the 14th day of September , one cotton gown, value 4 s. the property of Solomon Gay .

SARAH GAY sworn.

I am wife of the prosecutor: I live in Drury-lane . On the 14th of this month, I lost a gown out of the yard at the back of the house; I saw it about three o'clock; I hung it out to dry about one; I saw it about five minutes after it was missing, in a place called the Coal-yard, in a woman's hand, who took it from the prisoner; I have had the gown ever since; I did not see it in the prisoner's possession myself.

RICHARD HARPHAM sworn.

I am a constable; I took her into custody.

(The gown produced.)

Prisoner. I know nothing of it; the constable came to me in prison, and said he should get forty by me.

Harpham. I never was there.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17900915-18

608. WILLIAM SMITH was indicted for stealing, on the 27th of August , two pair of linen sheets, value 10 s. the property of William Lewis .

- LEWIS sworn.

My husband keeps a public house at Bow , the Five Bells. The prisoner came one night to our house, and asked for a lodging; he got up the next morning between seven and eight; I saw him go out of the house; he had a handkerchief in his hand; he brought one in with him; I went up about eight minutes after, and two pair of sheets were gone; I sent a person to see after him; he is not here; but here is a boy that produced him; he was brought back in about an hour, by the boy and an officer.

WILLIAM THORPE sworn.

Mrs. Lewis came to me in the town, about two hundred yards from her house,

and gave me a description of a man that she said had robbed her; I pursued him, and found the way he went; I overtook him at Old-ford, about half a mile off: there was a man thatching, and I hallooed stop thief! the man ran after him, and he threw the bundle, into the hedge; about twenty or thirty yards off, he took him; I am sure he is the man that threw the bundle down; I have had the bundle ever since.

SIMON BOLTWOOD sworn.

I was thatching at Old-ford. I heard the cry of stop thief! I saw the prisoner running; I pursued him, and took him, about twenty yards, after he dropped the bundle; I never lost sight of him after he dropped the bundle.

(The sheets produced.)

Mrs. Lewis. They are my property; I bought them myself.

PRISONER's DEFENCE.

I know nothing of it.

GUILTY .

Recommended.

Fined one shilling , and imprisoned one month in Newgate .

Tried by the second Middlesex Jury before Mr. COMMON SERJEANT.

Reference Number: t17900915-19

609. WILLIAM HOLGATE was indicted for stealing, on the 9th of August , one silk handkerchief, value 6 d. one cotton shawl, value 6 d. and one linen gown, value 6 d. the property of Henry Pugh .

HENRY PUGH sworn.

I live at Edmonton . I lost the things off the line in my back yard, on the 9th of August: the prisoner was taken about three hours after they were missed; we found the things in a field, under some peas, about three hundred yards from my house.

JOHN NICHOLS sworn.

I was coming home from work. Scraggs and this boy were in the cage; Scraggs told me where the things were, in a field; and Holgate said so likewise; they said they put them them there; I went and found them, along with Mr. Pugh.

(The things produced. The prosecutor deposed to the property.)

PRISONER's DEFENCE.

I know nothing about it: the other boy asked me to go into the country; I know nothing of him.

GUILTY , (aged 12.)

Publicly whipped .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17900915-20

610. THOMAS TRIMMER was indicted for stealing, on the 14th day of August , a cloth great coat, value 10 s. the property of John Owen .

SUSANNAH BARFORD sworn.

I am servant to Mr. Owen, in Upper Thames-street ; he is a hop merchant . I was washing the door; I left the door open while I went backwards; on my return I saw a man running away with a great coat wrapped in his apron; I called stop thief! he dropped the coat; I did not see him drop it; I picked up the coat, and I ran no farther after him; I cannot swear to his person.

NOT GUILTY .

Tried by the London Jury before Mr. COMMON SERJEANT.

Reference Number: t17900915-21

611. WILLIAM BRANSON was indicted for stealing, on the 24th day of August , an iron bar, value 9 s. the property of Edward Eades .

EDWARD EADES sworn.

I live at Byfield, in Surry. I lost the property from Red-bull-wharf, Thames-street . On the 24th of August, at three in the morning, my man and I was both in bed in the barge; I heard a noise; I looked out from under the tilt; I saw the prisoner taking up a bar of iron; I called my man; he looked out, and asked the prisoner what he did there; I told my man to lay hold of him; he ran towards him, and he dropped the bar; I went to assist him: I called the watch, and the watchman came to the side of the wharf; we delivered him to the watchman; he had a skift along side our barge, with lines and old pieces of rope that had been cut off; he was taken to the watch-house, and from thence to the Compter.

JAMES HAINES sworn.

I was on board the barge: I saw this man with the bar in his hands; I jumped up and took hold of him directly.

- M'KENZIE sworn.

I am constable. The bar is in Mr. Coulson's warehouse, locked up.

PRISONER's DEFENCE.

I brought a man down from Westminster-bridge; I was going ashore; and I went across the barge; and my foot slipped between the bars; and I lifted up the bar to get my foot out.

GUILTY .

Tried by the London Jury before Mr. COMMON SERJEANT.

[Imprisonment. See summary.]

Reference Number: t17900915-22

612. THOMAS GODFREY was indicted for stealing, on the 16th day of September last, twenty-five pounds of hyson tea, value 7 l. the property of John Hotham and Samuel Turner .

- WELLS sworn.

I live with Hotham and Turner, as shopman. On the 16th of September, the prisoner came to our shop for some trifling article; I saw him, when he was going out, take the tea from off a pile of chests; the tea is in a bag; there were several parcels; I threw down the scales, and ran out immediately; he ran a few yards, and dropped the tea; I followed, and kicked his heels up; he got up again, and ran three parts of the way up Clements-lane; and he was taken and brought back; I never lost sight of him after I went out of the shop: (produces the tea): I can swear to the tea; it is Mr. Hotham's writing on it.

Prisoner. I was four hundred yards off when he took me; there was a crowd, and he came up and took me.

GUILTY .

Tried by the London Jury before Mr. COMMON SERJEANT.

[Imprisonment. See summary.]

Reference Number: t17900915-23

613. WILLIAM WILKINSON and THOMAS LEWIS were indicted for stealing, on the 28th day of August , one hundred pounds weight of lead, value 15 s. the property of Jacob, Earl of Radnor , fixed to a certain building of his, against the statute, &c.

WILLIAM MOORE sworn.

I am a bricklayer: I was coming down Essex-street: I met Thomas Lewis with the lead on his head, on a knot, on the 28th of August, between three and four in the afternoon; I went a little farther, and there was a man close to a hole, and he had a basket under his arm; and he got up; he was stooping when I went to him; I asked him what he had got there? and he shewed me a parcel of locks; I took him, and a man held him; and I fetched Lewis back again.

EDWARD DREW sworn.

I am a carpenter: I do the business for Lord Radnor. My man told me he had taken two thieves, and sent them to the Compter; I went and looked at the place.

JOHN DICKS sworn.

I am the constable. Mr. Moore called me, and I came and took charge of them; the lead is here: (produced): I had it from Moore.

Moore. I took it from Lewis.

Mr. Drew. I went to the premises, and measured the place, and measured the lead: I had not seen the place for some time; it appeared as if the lead had been taken off lately.

PRISONER LEWIS's DEFENCE.

I am a porter in Fleet-market. A man asked me if I wanted a job? I said, yes, and was glad of it; I went and took it up, and was to carry it to Shoe-lane: I have been but three months in London; I did not know any of the men.

WILLIAM WILKINSON , THOMAS LEWIS , -

NOT GUILTY .

Tried by the London Jury before Mr. COMMON SERJEANT.

Reference Number: t17900915-24

614. JOHN NASH was indicted for stealing, on the 10th day of July , twenty-four pair of mens leather shoes, value 5 l. 8 s. the property of William Shepley .

WILLIAM SHEPLEY sworn.

I am a plane maker: I deal in shoes . On the 10th of July last, I sent a boy for two dozen of mens shoes, to Mr. Clements, in Cheapside; the boy is here.

WILLIAM WILSON .

Mr. Garrow. How old are you? - Thirteen.

Do you know the nature of an oath? - If I tell a lie I shall go to hell.

WILLIAM WILSON sworn.

On the 10th of July, I rested the shoes, and a man said a gentleman wanted me to call a coach, and he would give me threepence; I went to him, it was in Holborn , on the church steps; I left them, and said do not let any body take them; that was not the prisoner, it was the other gentleman: I went up almost to a coach, and I turned back, and saw the shoes were gone; I asked a gentleman; which way the man was gone? he said, up Shoe-lane; I ran up Shoe-lane after him; and I told a person that a man had stole a bag of shoes; he said he would shew me where the man was gone; and I went with him, and we found the prisoner and the bag of shoes, at the next house but one; he went in to buy some cherries, and to leave the bag there; I saw nobody else but the prisoner there; the shoes were on the counter, and he had hold of them; I know the shoes; there was W. D. on the shoes; the publican took him into his house; I do not know where the prisoner was taken to; I went to fetch my master.

Mr. Garrow. Did you ever lose any thing before? - No.

You had never seen these people before? - No.

You delivered the bag to the gentleman? - Yes.

Did not the prisoner say when you took him, that the gentleman gave him the bag, and said he was waiting for him? - Yes.

What sort of a gentleman was it? - A smart young man.

Where was it that you said another man had got it, and not the prisoner? - In Holborn.

You knew this man had not got the bag from you? - Yes.

He said a genteel smart young man gave them him? - Yes.

You did not examine the marks of the shoes? - I saw W. D. on them when Mr. Clement's man put them into the bag.

Court. How far was it from where you lost your shoes, to where you took the prisoner? - Not far: the man that told me a gentleman wanted me on the steps; that was not the prisoner; I did not see the prisoner till I saw him in the fruit-shop.

GEORGE KELLY sworn.

I am a publican; I live at the Red-lion,

Shoe-lane. On the 10th of July, I saw Nash run past me in company with another man; he ran past me; he had a bag in his hand, which I afterwards found contained a quantity of shoes; he ran into my house; I came in directly, and my wife was serving him with gin; he went out, and I followed him into the court; he was at a chandler's and fruit-shop; I heard that the boy had lost the shoes; I went and took him.

JAMES KINLOCK CLEMENT sworn.

I am a shoemaker. I remember selling Mr. Shepley some shoes, on the 10th of July; I have looked at some of them; I am sure of four pair; I did not put them up myself.

Robert Newman and Charles Allen took the prisoner into custody.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17900915-25

615. MARTIN TOLLINI , DANIEL M'CARTY , and MARY SULLIVAN , were indicted for stealing, on the 22d of July last, a wooden tub, value 4 d. and forty-eight pounds of butter, value 18 s. a flitch of bacon, value 12 s. three pounds weight of cheese, value 1 s. and a quantity of bread, value 6 d. the property of Martin Bennet .

MARTIN BENNET sworn.

I live at Hendon: I worked for Mr. Bond: I keep house: the things were taken from a sheep-house belonging to Mr. Bond; I saw it the same day, about three o'clock; I did not see the prisoners take it; I saw it on the Sunday following; on the Friday we found part of it hid in a hedge, and we left it there to see who came for it; and on the Sunday following, I found part of it cooking at Mary Sullivan 's; part of the bacon; she had a fire in the lane, and was cooking there; she said it was my bacon.

Had you said it would be better for her to confess? - I did not; at that time she was sitting on the bacon; this was between five and six on the Sunday morning.

When she acknowledged the bacon, what did you say to her? - She told me she had it from Tollin and M'Carty; she said they brought it to her, and struck a light for her to cook it.

Had you told her it would be better for her to confess, or any thing of that kind? - No.

Had you any reason beside what she said to suppose it was your bacon? - Martin Tollin told me on the Sunday, that he and M'Carty had stole that bacon from the hedge, where it was left.

Was M'Carty present? - No: they took me to the place where the bacon was hid, and told me that was my bacon.

Did you find the other things? - No.

JOHN BOND, Esq. sworn.

On the Friday morning I went and found my sheep-house broke open; I made all the enquiry I could to find the people who had done it; Martin Tollin came and told me that it was a man who worked at the next farm to mine; I had them taken up: they were discharged: I know no more of my own knowledge.

RICHARD BOND sworn.

I know nothing of this of my own knowledge, only that two forks were lost.

BENJAMIN RYAN sworn.

On Sunday I went to Mr. Bond's, and these people were there. I know nothing, but that two forks were missing.

Court. They are not in the indictment; I cannot hear any thing of that.

JOHN FIELDS sworn.

I am a gardener. I found the bacon on Mary Sullivan . I went with the prosecutor: he went away, and I stopped there: she had the bacon in a handkerchief; she sat down, and had it between her legs; I took the bacon from her, and told her if

she would confess she should have her pardon; and she said Tollin took it.

ELIZABETH WEBB sworn.

I know nothing about the bacon, only about the forks.

PRISONER TOLLIN's DEFENCE.

Coming across the fields on the Sunday morning I saw a man at the hedge; and he went away from it when I came up; and I saw the bacon lying there; and I went to Mr. Bennet, and I told him where it was.

Court to Bennet. Were the other two present when Sullivan told you they stole it? - No, my lord.

ALL THREE NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17900915-26

616. CHARLOTTE WALKER was indicted for stealing, on the 14th of September last, a silver watch, value 40 s. three gilt seals, value 3 s. a metal key, value 2 d. a half guinea, a man's hat, value 10 s. a pair of plated shoe buckles, value 1 s. and two shillings and sixpence in money, the goods and monies of Joseph Visher , privily from his person .

JOSEPH VISHER sworn.

I am a porter to the East India Company. Last Monday, the 13th of September, I went out to take a walk into the country with two or three of my comrades; coming home we went to one of the men's houses in Old-street: it was very late: he asked me to stay all night: I set out to go home; and I missed my way, and went into the lower part of Holborn; this was two or three in the morning; the prisoner was walking there, and asked me if I was going her way? I said, I wanted to go to the Adelphi, and if she would take me there I would give her sixpence; she said, she would: it was very dark: she took me into Parker's-lane , where I never was before; I had my property about me when I went in; there was nobody there but she and I, to my knowledge; I was there about an hour; she said it was her apartment; I had my watch when I went in, in my fob; when I was in her apartment I could not see what o'clock it was, being very dark; I put it in my fob again: the half guinea was in my waistcoat pocket; I put the hat down by me when I sat down; the buckles were in my shoes: I fell into a doze: they were taken from me when I was asleep in the chair: the two and sixpence was with the half guinea: I was asleep about an hour and a quarter: there was no bed in the room; there were some blankets.

Did you miss any thing before you went to sleep? - No, every thing was safe then; when I awoke she was in the room; immediately she upbraided me with being in her apartment; I said, you vile woman, you brought me here instead of taking me home; I missed my things immediately, and called the watch: I never found any of my property; I charged her with it; she said, what business have you in my premises? she declared she never saw any thing of the things.

Had you given her any money? - Not a farthing.

Are you sure you only sat on a chair? - I sat in the chair, and leaned on my elbow: I called the watchman, and he took charge of her, and took her to the watch-house: the constable is not here.

How long have you been a porter to the East India Company? - Two years.

JOSEPH WYBORN sworn.

I belong to the India Company: I am a porter. The prosecutor was with me on the 13th of September, at ten in the morning; he was with me till about two the next morning, the whole time; we parted about two in the morning: he was quite sober when he left me.

How long has he lived in London? - I have known him two years: he was a remarkable

sober man: I saw him the next day, and he told me of this transaction.

PRISONER's DEFENCE.

My lord, on Monday week, the 13th, I was at an acquaintance's, till between four and five in the morning, day light; I came home and found a woman at my door; and I asked what she did there? she said, she had lost her cap, hat, and bonnet: I opened my door: there is no lock: and there I saw this man lying asleep on the bed; I waked him, and asked what brought him there; he said eh! eh! who brought me here! a woman in the dark; and he asked me if it was me? I said, I had not been home since ten at night; he said, he should see into it; I went and called the watchman and constable, and told them the story: there are several girls in the house; any of them could get into my apartment: the constable came, and he gave charge on suspicion; he said, he could not positively swear to me.

Court to prosecutor. Did the girl that let you in unlock the door or not? - I do not know; I know her person; and in particular she had two pair of fine black eyes at the time, she had dark hair.

Was there any other door open? - Not that I saw; it was up one pair of stairs.

Prisoner. I have no witnesses.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Court. Prisoner, I would have you be very cautious how you come here again.

Reference Number: t17900915-27

617. JANE SMITH and BRIDGET KELLY were indicted for stealing, on the 8th of September last, twenty-seven yards of printed cotton, value 3 l. 15 s. the property of John Thwaites , privily in his shop .

JOHN THWAITES sworn.

I live in Holborn . On Wednesday, the 8th of this month, between four and five, the prisoners were at my shop: I was waiting on two ladies near the door; my shop-woman came and said, she suspected the two women had stole something; I was about ten yards from them: the shopwoman was coming towards me, past them; and one of them asked her to shew them some muslin; she then came and told me what she suspected; I waited on the ladies about ten minutes; after that Jane Smith came to that part where I was, as if going out of the shop; she stopped opposite me, and looked hard at me, and came close to the counter, and laid hold of a piece of flannel, and asked me the price of it; I said fifteen-pence halfpenny; she said, cannot you take fifteen-pence? I said, no; she stood about two minutes, and then she walked sharply out of the shop; one of the ladies said the woman had something concealed; I followed her immediately: Kelly was at the further end of the shop then; but she got away while I was pursuing Smith; I overtook Smith about fifty yards from my door; I took her by the hand: she had no cloak on: one piece of the cotton dropped from under her coats; I took it up: it was not in paper: I am certain it is mine; it corresponds with a piece that I had cut off: there is a number on this, and the other piece has the progressive number.

Where did this lay in the shop? - In that part where the prisoners were: here is another piece that dropped from her: I took her into the shop, but did not search her: Kelly was then gone; she was never searched at all.

Did they both come in together? - I never could learn that: I do not know how long they had been there: the goods cost me about four pounds.

Mr. Garrow. You say there were a number of people in the shop? - Yes.

Could any body take any thing without being seen while there were a number of people in the shop? - I think they might; such things have been done.

Was not Smith intoxicated? - Not that I know of.

Prisoner Smith. I leave it to my counsel.

The prisoner Smith called eight witnesses, who gave her a very good character.

Mr. Garrow. My lord, I will not call any more witnesses; here are several others.

Court. You cannot carry character any further.

The prisoner Kelly called six witnesses, who gave her a very good character, and had several others ready to give her a character.

JANE SMITH GUILTY, not privately .

BRIDGET KELLY NOT GUILTY .

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

[Imprisonment. See summary.]

[Fine. See summary.]

Reference Number: t17900915-28

618. JOHN GULL was indicted for stealing, on the 14th of September last, four shillings in monies numbered , the monies of James Goswell .

JAMES GOSWELL sworn.

I live at the Cock, at Hackney . The prisoner has lodged with me for three months past: about a fortnight ago he left my house; he owed me a score of about thirty shillings and for lodgings for three months; he promised me payment, but he never paid me: in the course of last week I lost money several times; on the 13th I lost money; I missed twelve shillings out of the till; I was told of it: the girl said the prisoner had been in the bar: on the 13th, at night, I marked ten shillings; the housekeeper put it in.

Court. What is her name? - Catherine: I saw her put it in; it was between ten and eleven; she went to bed, and I went to bed: when the girl came to me in the morning I told her to let the prisoner go into the bar as usual; the girl told me that the housekeeper had caught the captain's hand in the basket of halfpence: the girl brought the drawer up to me, and there was four shillings gone out; the drawer was locked; mean time he went out of the house; he went to the ship, the next publick-house; I went there, and saw him; I asked him to have something to drink; the prisoner pulled out five shillings among some halfpence; I looked at the four shillings, and I said I could swear to them by the mark I put on them: the officer has the other four.

Mr. Garrow. How long had the housekeeper been up before the girl came up to you? - She got up before the girl, and I told her she had no business up, and bid her go up stairs again.

A good careful steady woman? - Yes.

No little disputes in the family about the captain? - None that I know.

He had the run of the bar and the house. - Yes.

Upon your oath have not you complained that the Captain and Catherine were playing about before you got up, like two kittens, and two lovers in the honey moon? - No; not that I know of.

Did you never say that the Captain and Mrs. Catherine were more free than welcome? - No.

Did she never give him change out of the till? - Yes, and set it down to his score.

Perhaps more than was set down? - I believe there was: I mistrusted there might be a thief come, and I chose rather to trust the girl than the housekeeper.

Court. Which had the key? - The housekeeper.

Did the housekeeper go to bed again when she called the girl? - I do not know: she was watching on the stairs, and she ran down.

Upon your oath, Sir, have not you often quarrelled with her, and said she was fonder of the captain than you? - No, there never was the least dispute at all.

CATHERINE RIDDLES sworn.

I lived with Mr. Goswell, as housekeeper. I saw the prisoner come in the morning, last Tuesday, between six and seven, and saw him throw the upper part of the bar door up; I was on the stair case; I cannot justly say how far off; I could see

very plain; the maid opened the under part of the bar door, and opened the sash, and he went in; and I heard the till come out of its place, and heard it shut up again; the girl was opening the parlour windows; I had the key of the till; the lock was pressed open by some violence; I saw his hand in a basket of halfpence that stood on the shelf; I took him in the bar myself; I took him by the collar; he then sat down, and called for a pint of beer; and I went up stairs to speak to Mr. Goswell, and he ran away in that time; he was taken after that, and there was four shillings gone from the till; they were marked, Mr. Goswell took him at the Ship.

Mr. Garrow. You had the care of the till? - Yes.

As Mr. Goswell had not got up, you had not seen him? - Yes, I had.

What before you was up? - That is nothing to you.

Where was it you saw him? - That is nothing to the purpose.

Did he give you any orders about the money that morning? - No, he had not given any orders either one way or the other; the maid was up first; I did not call her.

Mr. Goswell did not tell you to go to bed again, for that you had no business up? - No.

How long had the captain lived there? - Three months.

He had pretty much the run of the house? - No more than other customers.

There never was any uneasiness about the captain and you? - No.

Mr. Goswell sleeps by himself? - Yes.

And did that night, and does every night? - I will not swear to that.

HANNAH CHESHIRE sworn.

I was the first that let the prisoner in, in the morning; I opened the shutters, and he went and opened the bar shutter; I went and opened the parlour shutters; he desired me to draw a pint of beer; as soon as I got into the parlour the housekeeper came down and caught his hand in the halfpence; the till was locked when I went into the parlour; my mistress had the key of it; when I came back into the bar it was unfastened; the lock was drawn out, and forced open; I went and told my master, and he came down immediately.

Mr. Garrow. Which was up first? - I was up first; nobody had been stirring till I came down; I had not heard my master say any thing to my mistress that morning.

Does your mistress sleep on the same floor with your master? - I do not know.

Had not there been a little talk about your mistress and the captain being too familiar? - Not that I know of.

ROBERT JAY sworn.

I am a constable; I apprehended the prisoner; I took 5 s. from him, four marked, and one bad one.

(Produces them.)

Prosecutor. These four are the shillings I marked.

(The money handed to the Jury.)

Mr. Garrow to Jay. Do you use the Cock? - Very seldom.

You know the master and mistress? - Yes, the master and housekeeper; since this affair it has been the common talk of the place.

PRISONER's DEFENCE.

I leave it to my counsel.

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

GUILTY .

Imprisoned one month , and fined one shilling .

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

Reference Number: t17900915-29

619 THOMAS PARRY was indicted for stealing, on the 10th of July , two pair of woman's callimanco pumps, value

4 s. the property of Joseph and William Chamberlayne .

JOSEPH CHAMBERLAYNE sworn.

I am a shoemaker ; I lost some shoes from my warehouse the 10th of July, between five and six in the evening; the prisoner was my servant; he was porter ; I suspected him, and I searched him, and found them in his pocket; I had reason to suspect he had been in the habit of robbing me for some time; I had not missed them; I know them to be mine by the mark in them, W. I. C. I know the hand writing in them; it is one of our servants.

Court. Had you given him them to carry out? - No my Lord, I am confident I had not; I asked him, how he could think of behaving so; he said, he meant to pay for them, and that they were to serve a friend of his; I sent for a constable, and delivered the shoes to him.

ROBERT NEWMAN sworn.

I am a constable; I received two pair of shoes from Mr. Chamberlayne, and he gave me charge of the prisoner.

CHARLES - sworn.

I am a servant to Mr. Chamberlayne, I saw the shoes in the prisoner's pocket in the warehouse; I told my master; he sent him out, and he returned in two or three minutes, and when he came back my master stopped him, and took them from him; they were given to Newman the constable.

(The shoes produced, and deposed to.)

Court to Mr. Chamberlayne. Can you say these were missing? - It is impossible to miss them out of such a quantity that we have.

Do you sell them with this mark on? - Yes.

(The prisoner delivered a petition to the Court.)

Court to prisoner. I cannot comply at all with the prayer of your petition; you are a servant, and ought to have protected your master's property; you must expect a severe sentence.

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

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Transportation. See summary.]

Reference Number: t17900915-30

620. RACHEL DOWLING was indicted for stealing, on the 26th of August , one printed book, value 2 s. one ditto, value 1 s. one pin-cushion, in a wooden frame, value 6 d. one tortoiseshell snuff box, value 12 d. a ribbon, value 12 d. a shirt, value 5 s. a petticoat, value 4 s. two pair of worsted stockings, value 3 s. half a yard of dimity, value 12 d. a neck handkerchief, value 12 d. two silver table spoons, value 10 s. two silver desert ditto, value 6 s. the property of William Wheatley Hussey ; a linen handkerchief, value 12 d. a pair of cotton stockings, value 12 d. the property of George Nelson .

(The case opened by Mr. Knowlys.)

- BRADLEY sworn.

I am a marshalman; Mr. Hussey's clerk came to me, and desired me to go to some pawnbroker's; I went, and afterwards to Mr. Hussey's, and I found a bundle in the copper hole; I have it here; the prisoner was given in charge to me; she said, she put these things in the copper hole; Mr. Hussey said, if she would ask pardon, he would let her have gone; there were no threats or promises made to her.

(The bundle produced.)

WILLIAM WHEATLEY HUSSEY sworn.

I live in Broad-street ; the prisoner was my servant about a year and a half; we had missed several things: I saw this bundle in

the copper hole; it was either Tuesday or Thursday I think, the 26th of August; the prisoner was at that time our only servant; seeing the things, I had a suspicion, and I took them far enough out to look at them, and I put them back again to the same place, and I sent for Bradley; the prisoner was then in the laundry; Bradley staid in the parlour till she came into the kitchen, and he told her he was sent for, and he would search the kitchen, and he found the bundle in the copper hole; I charged her with the theft, and she said, she had put them there, and had pawned some stockings of mine, a shirt, and some other articles, the property of my wife, more particularly her's, which I cannot recollect; there were a great many duplicates in the bundle; I sent Mr. Bradley and Nelson together to the pawnbroker's; the shirt and stockings, and dimity cloth were produced before my Lord Mayor, and she confessed they were pawned by her.

GEORGE NELSON sworn.

I am a clerk to Mr. Hussey; I went into the kitchen with Mr. Hussey; we took the bundle out of the copper hole, and examined it, and, among other things, we found these duplicates; we took them out; we replaced the bundle; that was before Bradley came; in consequence of finding these duplicates I went to Bradley, and we went to the pawnbrokers, and found the shirt, and some other things; the prisoner confessed that they were her master's, and that she had pawned them.

Court. Where did you find the stockings? - At Mr. Flude's, in Gracechurch-street.

JAMES DALE sworn.

I am a pawnbroker; I am a servant to Mr. Flude, in Gracechurch-street; I produce a shirt and apron, for 3 s. 2 d. a petticoat, and other things, pledged for 3 s. in the name of Elizabeth Dowling ; Mr. Nelson brought the duplicates; I know the handwriting; the petticoat and stockings were pawned the 14th of August; the shirt and apron on the 24th of April last; I do not recollect that it was the prisoner that pledged them; I cannot swear it was; I produced them before the Lord Mayor; I did not hear the prisoner say any thing before the Lord Mayor, except that a handkerchief was Mrs. Hussey's that was produced there; I did not hear her say any thing about the shirt.

HENRY GALL sworn.

I am a servant to Mr. Davis, in Bishopsgate-street; I produce two pair of stockings, pledged on the 3d of June last, in the name of Elizabeth Dowling ; I cannot say who they were pledged by; I have likewise a handkerchief, as a wrapper to a gown, that was pledged on the 11th of August, 1789; there is a duplicate for the gown; Mr. Nelson has got it: I attended before the Lord Mayor; the prisoner acknowledged that the stockings were the property of Mr. Hussey, and the handkerchief was Mr. Nelson's; nobody promised or threatened her.

ELIZABETH HUSSEY sworn.

I am wife of Mr. Hussey; I know the shirt to be Mrs. Hussey's property; I know it by my own work; the prisoner said it was Mr. Hussey's before the Lord Mayor.

(Deposes to the articles.)

(Mr. Nelson deposes to his own stockings.)

Prisoner. I have nothing to say.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Transportation. See summary.]

Reference Number: t17900915-31

621. JOHN AUGUSTUS THOMAS RAYNER was indicted, for that he, on the 26th of June, in the 17th year of the reign of his present Majesty, married Ann Potter , and afterwards married Frances Toozey , spinster , on the 23d of June last, Ann, his former wife , being then living, and in full life .

FRANCES TOOZEY sworn.

I know the prisoner; I was married to him the 23d of June last, at St. Martin's in the Fields; John Lewin and Mary Lewin were present; we were married by licence.

Court. How long did you live together? - Three weeks.

JOHN LEWIN sworn.

I was present when they were married, and gave Miss Toozey to the prisoner.

MARY COOK sworn.

I was present at his first first marriage, in the year 1777, between Ann Potter and the prisoner on June the 26th; they were married, by licence, at Shoreditch church.

Court. Did you know him before? - Yes, but not long; Ann Potter was my sister.

Who gave her away? - A Mr. Grant.

Did they live together? - Yes, some years; I visited them several times; they had one child; my sister was living when this last marriage was had.

Have you seen her since? - Yes, since; I do not know whether she is living now; I saw her about six weeks ago.

Prisoner. You know in the year 1784, a deed of separation was executed between me and my first wife; my first wife she intermarried with another man.

Your sister had a very indifferent state of health? - She had so.

You will allow that this boy intermarried with your sister? - He did so.

Court. Was your sister parted from the prisoner? - Yes.

How long is it since? - I cannot tell exactly.

Prisoner. The 31st of October, 1784.

Court. Do you know whether your sister and the prisoner lived together till the deed was executed? - Yes.

PRISONER's DEFENCE.

I can say no farther, than that I was informed, my first wife was dead, and I thought I had a right to marry again.

GUILTY .

Fined one shilling , and imprisoned two months in Newgate .

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

Reference Number: t17900915-32

622. MARY ELLIOTT was indicted for stealing, on the 28th of May , one silk handkerchief, value 3 s. the property of Elizabeth Peggs , widow .

Elizabeth Peggs and Thomas Winfield called, and not appearing, the prisoner was

ACQUITTED .

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

Reference Number: t17900915-33

623. ELIZABETH CLOSE was indicted for stealing, on the 31st of August , two linen shifts, value 4 s. two linen table cloths, value 2 s. three muslin handkerchiefs, value 5 s. a gown, value 6 s. two petticoats, value 3 s. an apron, value 4 s. and a silver tea-spoon, value 12 d. the property of Aaron Abadey .

MARY ABADEY sworn.

I am wife of Aaron Abadey; he lives in Catherine-street, in the Strand ; I lost the things in the indictment; the prisoner was my servant at that time; they were given her to wash; I did not miss them myself; I saw them the same evening.

Court. Where did you see them? - In the hands of Mr. Scoles; he sent for me; I did not miss the prisoner or the things till I was sent for by Mr. Scoles; I was in my shop all the day, and she was at my house washing.

WILLIAM SCOLES sworn.

I am a shoemaker; the prisoner came to me between five and six in the evening, and asked me, whether I would let her leave a bundle; I told her, she might; she left it; she was gone about an hour and a half, and came back very much in liquor; I asked her, who they belonged to; she said, they belonged to the mistress of the Wandsworth workhouse; she said, they were to go by the stage, from the Coach and Horses; I sent for the beadle immediately; I thought he might know something of her; the workhouse of St. Mary-le-Strand is at Wandsworth; he came, and he has the bundle, and has had it ever since; she was taken up by Nichols, when he came.

Court. Where do you live? - At No. 328, in the Strand, at the back of the New Church.

SAMUEL NICHOLS sworn.

I am a beadle of St. Mary-le-Strand parish; I produce the property; I got it at Mr. Scoles, on the 31st of August; I have had it ever since; it was about seven or eight, at night.

(The property deposed to by Mrs. Abadey.)

Court. When did you first see them? - About eight the same evening.

Did you know them immediately? - Yes.

How did you know it? - Some of them are marked; the shirts are A. A. No. 2, and No. 3.

(The things deposed to.)

Prisoner. I beg for mercy.

GUILTY .

Recommended by the prosecutrix.

Transported for seven years

Reference Number: t17900915-34

624. JOSEPH POCOCK was indicted for burglariously breaking and entering the dwelling house of John Bagshaw , about the hour of one in the night, on the 17th of August last, and burglariously stealing therein, nine pair of silk stockings, value 3 l. 10 s. eighteen pair of thread stockings, value 3 l. 12 s. fourteen pair of cotton ditto, value 3 l. 12 s. two pair of silk and cotton ditto, value 9 s. and seventy-two copper farthings, value 18 d. and twelve shillings in monies , his property.

And SARAH WATSON was indicted for feloniously receiving, on the 18th of August last, one pair of silk stockings, value 11 s. a pair of thread ditto, value 4 s. 6 d. a pair of silk and cotton ditto, value 5 s. 3 d. parcel of the afore-mentioned goods, knowing them to be stolen .

JOHN BAGSHAW sworn.

I live in Great Turnstile, in the parish of St. Giles's in the Fields : my shop was broke open. I should tell you, that on Monday, the 16th of August, the prisoner Pocock came to my shop, and desired to see some coloured silk stockings; I shewed him a bundle in a blue paper; he looked at them, and did not approve of them; I shewed him another sort of silk and cotton, those were not the sort he wanted; he said the stockings were for a friend of his that was in the country, that would be in town in two or three days, and he would bring him; he appeared to me to be very weak and low, and very faint in his voice; and I took a good deal of notice of his person; I put the stockings back to the place, after he went out; on the Wednesday following, in the morning, about six o'clock, I was called out of bed; when I came down, I found the street door open, the shutter wrenched, two panes of glass broke, and the stile that parted the panes of glass, wrenched out; the last inside shutter of my shop was taken down; and I observed a number of bundles of stockings taken out of their places; I went into the shop; and I had locked in my till about twelve shillings in silver, two shillings and nine-pence in farthings, and two Birmingham halfpence; they were gone; taking a farther survey, I found the paper containing three pair of coloured silk stockings, without any thing in it; that was the paper I had shewn him first; this brought to my recollection immediately, the person of the prisoner, who I had shewed the stockings to; in consequence of that, I had a strong suspicion that he was the man that was guilty of the robbery. Between nine and ten in the morning, I went to Bow-street, and gave information, and described the person of the prisoner, and his dress; and the same morning we took the prisoner; Macmanus knew him, and we took him in Round-court, in the Strand, where he lived; he was in bed in his room; we found three pair of stockings, two pair by the side of his bed, loose, without any paper, and one pair was taken out of a drawer at the foot of his bed; I did not see them found; they did not appear to have been worn, or dirty, or soiled; as soon as the stockings were found, they were shewn to me; I was pretty clear in my own mind, that they were mine; and I found some farthings and two Birmingham halfpence; I do not know the particular number of farthings; there were two Birmingham halfpence in the till; I cannot swear to them, nor the farthings; I have a sample of the farthings in the pocket. Mr. Jealous has two pair, and Mr. Shallard has one pair of stockings: different people found them; Shallard and Jealous were both with me.

Mr. Knowlys, Prisoner's Counsel. You were not alarmed till six? - I was not.

It was the middle of August? - The 18th.

At that time it is light before four? - I do not know; it may be.

MARGARET DYKES sworn.

I am servant to Mr. Bagshaw: his house was broke open the 18th of August, about a quarter past two in the morning: I heard the door wrenched open; I slept in the kitchen, one story below the shop, directly under the shop; I heard them go into the parlour, and stop some minutes; there appeared to be three: when the second person came, about five, they took down a shutter: about half after two, they went into the parlour, and then into the shop, and took out the till; I heard the door break open, and I heard a foot step along the passage, before the bolts were unfastened, the bolts of the shop door; I heard them go into the parlour, and stop about ten minutes; the parlour was not directly over my head, but the shop was; they took down one shutter of the shop; the first time they came about a quarter after two; then I heard them go round the counter, and step about the shop, several times; and in about half an hour, I heard some person go out; I heard two persons in the house; the first time, I did not hear them speak; then one person went away; and every ten minutes or so, I heard some person step about the shop, till a little past five.

Do you mean that some one person kept walking about the shop from two o'clock till five in the morning? - Yes.

Are you sure of that? - Yes, I am quite confident of that.

Did you lay towards the street? - It is the kitchen directly under the shop, towards the street; I know it was two o'clock, because, I heard the watchman go half past two soon after; I am sure of that; I knew his voice; I knew him to be the watchman.

Did you hear him go three o'clock? - Yes; I heard both the watchmen go five o'clock; one stands by the corner of Lincoln's-inn-fields; one of the watchmen neglected going half after three; I heard them go every other half hour; one person staid in the house till a little after five; then a second person came; then he went into the shop to the other person; the shutter was down.

The door was broke, and the shutter was down? - Yes; they laid it on the kitchen stairs: the watchman, Welch, goes close by the door; he left his stand that morning, I believe, a little past four.

Does he ever knock at the door? - No, I never observed him do so.

Are there any lamps thereabout? - Yes, one at the corner of our house: when the other man came in at a little past five, they took another shutter down; and one of them made a noise, and the other said, be softly! be softly! I heard that voice, but it was in a loud whisper; I could not be sure of his voice again; then one of them said, do you think there is any thing worth going down in the kitchen for? the other made reply, no, not now, we cannot stay; a third person came to the door, and said, all is well, you may come away now; that was, as near as I can recollect, about ten minutes before six: then Mr. Clark, a neighbour of ours, next door, was opening his kitchen windows, and he put his burner over our kitchen windows; and I alarmed him; I was so terrified, I could not alarm the watchmen; I might, but I was so afraid; I got up directly when I heard them go away, and I found the shutter of the shop on the kitchen stairs; the shutter was wrenched off the upper part of the door, the fastening broke out of the wood; it made a violent noise; I awoke when I heard the noise; the shutter and the glass made some noise.

Mr. Garrow, Prisoner's Counsel. You heard every thing distinctly from first to last? - Yes.

With great accuracy? - Yes.

One of these people said to the other be softly? - Yes.

And he said that in a low whisper, not so loud as the people in all corners of the court are talking now? - No, Sir.

That you could hear in the kitchen distinctly? - Yes.

Can you just give me an idea of that tone of voice, was it thus softly (in a soft tone)? - Yes; there was no voices but those of men.

In a whisper? - Yes.

If you had spoke in the same sort of loud whisper to the watchman, do not you think he might have heard you? - Yes; he might possibly have heard me.

But I will tell you what you might have done; you might have crept softly to the window and called watchman (softly)? - Yes; but I thought somebody was over the area window, but there was nobody over the area window when the watchman passed.

When the watchman came his round every thing was very hush? - I did not observe.

Have you a sash window to your kitchen? - No; one is a door, and the other is a casement.

A casement towards Turnstile? - Yes.

And the first time only two people came in? - No, Sir.

Nor at the second time, nor the third person did not appear to come into the house? - No.

So that that person might have been a person passing by, and having nothing to with what passed before? - As far as I know he might.

Did both the watchmen neglect the half past three? - No; our watchman went his round regularly.

How is the shop secured against the passage that leads to the kitchen? - There is no security at all; no door at the top of the stairs; there are shutters from the stairs; the shutters from the passage of a night, when they are put up between the parlour and the shop.

When they were asking whether there was any thing in the kitchen worth coming for, you must have been a good deal frightened? - Yes; they were then apparently to me in the passage.

It was light long enough before they went away? - Yes, it was light, so that I could perceive any thing, at four o'clock.

Do you think, when you first heard the noise, you should have known a man's face? - No, not at first.

The breaking had been completed before the third man came? - Yes.

PHILIP WELCH sworn.

I am watchman. The prisoner and two more passed my box several times in the night of the robbery; the first time I saw him, was at one o'clock; then I saw them again at half after one; I took notice of them; I did not speak to them; I saw all three at two o'clock; at three, I saw the prisoner by himself; then I went up my beat, and he crossed to the door of the George and Blue Boar. I left my lanthorn with the saloop man, and told him I had a suspicion of some people: then I went into Turnstile, the corner of Weston's Park, near Bradshaw's, after three, not quite half an hour: I saw no sign of any breaking, or harm to the shop; I looked at it, and saw the bars and shutters up; the shutter of the door was up, but whether fast, I cannot say; I was not from this door any time, more than a hundred yards, which is the extent of my best from his shop; my stand is the corner of Turnstile.

Court. Is it so far, but what if there had been a violent breaking of windows and doors, you must have heard it? - I heard none: I met the prisoner in Weston's Park, after three o'clock; I said, halloo, my friend, what are you doing? he said, I am going through; I said, you have been often through, and it is time you was at home; he said he was going home: I looked as sharp as I could at the houses; I did not find any house broke open, the shutters being up.

Mr. Knowlys. You were the watchman of this beat? - Yes.

You were on all occasions extremely attentive to your duty? - Yes.

You examine all the doors and shutters - Yes, once a night.

Court. At what time? - At eleven; I thought the shutters and doors were.

Court. What time did you go off your stand? - At five o'clock; I never saw the prisoner before to my knowledge.

JOHN HUST sworn.

I am a watchman in Lincoln's-inn-fields. I remember nothing respecting the 18th of August: but the 17th, between eleven and twelve, the prisoner came to my box, and asked me the way to Clare-market; I thought I saw something I did not like; I answered him rather roughly, and said, damn me, I believe you know the way to Clare-market as well as I do; I have seen the prisoner several times before, but did not know his name; I have seen him in Holborn, and thereabouts.

Mr. Garrow. Did you recollect then that you knew his person? - No; my duty is down Weston Park; I do not come at all into Turnstile.

JOHN SHALLARD sworn.

I am an officer belonging to Bow-street. On the 18th of August, I went with Jealous and Carpmeal and Bagshaw to the house of Pocock, in Round-court in the Strand: when we came there, Pocock was in bed, about eleven in the morning: we searched the place, and I found a pair of stockings: I found a bag, but nothing in it.

Bagshaw. I verily believe that is one of the pair of stockings that was contained in the blue paper, where I shewed him the three pair: there is no private mark: I only go on the patent: there is no clock in them: it is a kind of patent stocking: it is not a real patent one.

Did you make that stocking yourself? - No: I bought these stockings, and five other pair, of Mr. Wright, in Milk-street.

Is there any mark in these stockings, by which you can swear to them? - There is no mark by which I can swear to them, any otherwise than I think I can swear to them.

Mr. Garrow. Mr. Wright is a very large dealer? - Yes.

What is the prime cost of these stockings? - Eleven and six-pence, I paid for them.

What is the value of the other two pair that you say was found? - One is worth, at prime cost, four and six-pence, the other pair is worth five and six-pence.

CHARLES JEALOUS sworn.

I found a pair of stockings, and in his waistcoat pocket a quantity of farthings: I believe there are thirty-eight, and two halfpence.

Mr. Garrow. He says the farthings are bad.

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

Prosecutor. These are a pair of brown thread that I have had in my possession, to the best of my knowledge, four or five years: to swear absolutely to them, I cannot: there is no private mark: I only judge from the pattern of the clock of the stocking: there is something at the top of the stocking that is of an inferior quality to the rest of it, that I think I can almost swear positively they are mine, but I cannot be positive: these are the stockings I have had in my possession, I believe I may say, six years: I know them by the peculiar mixture: I have been in trade for myself for thirty years, and I never, in the course of my knowledge, saw six pair like them.

Mr. Garrow. It might so happen, that a whimsical person might desire to have a pair of a particular pattern? - There was only six pair; I took three pair.

Court. Will you venture to swear these were in your shop the night of the robbery? - I think I can.

Will you swear? - I will swear I had the bundle open on the Monday morning.

Then you swear these were your stockings before the robbery? - To the best of my knowledge and belief, if it was the last word I had to say, I believe these are the stockings.

Will you venture to say these are your stockings? - No, I will not.

ALEXANDER CLARK sworn.

I keep the adjoining house to Mr. Bagshaw, a publick-house; on Wednesday, the 18th of August, at six o'clock, I opened my house; the prosecutor's maid called to me over the iron grating, begging I would go and knock at her master's house, for she believed somebody had broken in, and she was afraid of coming up stairs, believing they were in the house; I immediately went to the door, and discovered the door shut, but not fastened; I pushed it and went in, and found one of the inside shutters open, and the till standing on the end of the counter; I immediately called out, Mr. Bagshaw, and the girl came up stairs, and seemed very happy in being relieved, and Mr. Bagshaw came down; I saw violence had been used to the screw of the shutter that pinned the street door; it was wrenched out, and one of the bars of the sash belonging to the door, and the glass broke; there was not room enough for one person to get in by one pane; I conceive they got in that way; I do not recollect I heard from the girl at that time the circumstances.

Mr. Garrow. The girl believed somebody had broken in? - Yes.

And she believed they were then in the house? - Yes.

Then she did not distinctly tell you, that she had heard one, two, or three persons in the house, and distinctly heard them going away? - No.

Prisoner. I submit my defence to my counsel.

The Jury retired for twenty-eight minutes, and returned with a verdict

JOSEPH POCOCK GUILTY

Of stealing to the value of thirty-nine shillings.

Transported for seven years .

SARAH WATSON NOT GUILTY .

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

Reference Number: t17900915-35

625. ANN ( wife of JOSEPH) GUY , and MARY HINCHLEY , were indicted for feloniously breaking and entering the dwelling-house of Joseph Swaine , about the hour of four in the afternoon, on the 11th of August last, no person being therein, and feloniously stealing therein, a cotton gown, value 14 s. a cotton flounced petticoat, value 20 s. two cotton shawls, value 5 s. half a quarter of silk mode, value 1 d. and fourteen guineas, his property .

JOSEPH SWAIN sworn.

I am a mason ; I live in Brookes's-gardens, No. 15, Tottenham-court-road ; I keep a house there: on the 11th of August, Wednesday, I went out about four in the afternoon for refreshment; I do not know whether I left any body in the house; I am sure I shut the door on the latch, the street door; I have only my wife and myself in family; I saw my wife, when I went for my pint of porter; she came to the public-house; I have no servant; when I returned I missed nothing that evening; but the next morning, about five, I found the staple was burst out of the door of my own room which I live in, up one pair of stairs; I rent the whole house; I let part of it as a lodging-house, by the year, quarter, or week; I missed fourteen guineas in gold, and the things in the indictment; the things were all in one box; if I was on my death bed, I would make an affidavy of it; I slept in the room that night; the things were locked up in the box; the lock was not broke; the led was split; neither me nor my wife observed it, nor missed any thing that night; it is a lock, with a wooden box, which goes into a staple, which staple was forced; we came home between seven and eight, and went to bed directly.

Was you sober? - Yes, I was sober, but I cannot say my wife was; I had been drinking but very little, I have never seen the things since; only the silk I found in the prisoners apartment the next day; Ann Guy and her husband lodged with me; and Mary Hinchley slept there sometimes; she is the prisoner, Ann Guy 's, mother;

the silk is here; I found it at their bed-side; the runner was with me; it laid open in the room, among some rags; I can swear to it; I have a piece that matches to it.

SARAH SWAIN sworn.

I am wife of the last witness; I moved up stairs, and the prisoner, Guy, helped me, and her mother; and they saw me put this money in the box; between eleven and twelve that day, I locked the box, and the prisoner, Guy, dined with me; after one we went out, and she gave me the slip, and went away with a pot and saucepan, which we went out to sell; then I came home, and went to my husband; I unlocked the door of my room; I did not miss the staple from my door, I locked it when I went out; we staid at the publick-house till between seven and eight; I did not miss the things out of the box till Friday morning; my husband made a mistake just now; I never saw any of the things, but a piece of silk; it is mine; it was a parson's scarff; I gave five shillings for it; this piece was taken from the box, and this piece was left in a drawer; they correspond; this piece was cut for a bonnet; Ann Guy 's husband lodged in the house at that time; we took him up on suspicion; the justice discharged him; the woman came home with a bundle at twelve at night; the man was taken at four the same afternoon.

Prisoner Guy. I know nothing of the money; I found six guineas, and was very glad to embrace the opportunity; I was going to the Dispensary; between ten and eleven, going up Cold-bath-square, I kicked my foot against a piece of rag; I picked it up, and found there was six guineas; I met my husband; he said, as Providence has happened so lucky, go and get your things; I gave him a guinea.

Prisoner Hinchley. I know nothing of it.

Court to Swain. You have other lodgers? - Yes, I have, but she was no lodger to me; I do not believe that any body was in the house; but I would not swear it; nobody was in my apartments, where my property was lost

ANN GUY , MARY HINCHLEY ,

NOT GUILTY .

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

Reference Number: t17900915-36

626. MARY HUDSON and HANNAH HOBBS were indicted for feloniously stealing, on the 11th of August last, four muslin handkerchiefs, value 8 s. the property of Samuel Sheen and Alexander Sheen , privily, in the shop of the said Samuel .

JOHN CHARLES SMITH sworn.

I am a shopman to Samuel and Alexander Sheen, in Drury-lane ; on the 11th of August last, the two prisoners came in together to the shop, and enquired the price of some printed cotton that hung over the counter, and after Hobbs had made many objections to the colours being dead, she said, she could not think of leaving the shop without buying something, and desired me to shew her some cloth, and she bought a yard; she then desired me to shew her some pieces of printed cotton; she objected to the pattern, and desired I would put by them large patterns; during this conversation between me and Hobbs, the prisoner, Hudson, was at the opposite counter, with her child placed near a bundle of muslin; on the counter; a few minutes before the prisoners came into the shop, I saw a part of a piece of muslin handkerchiefs, put into a paper by the apprentice; then the prisoner, Hudson, requested me to shew her some printed cotton for a child's frock; I shewed her a few pieces; she fixed on one at twenty pence a yard, and desired me to cut a yard and a half off of it, and took out half a crown; I told her it was a bad one; she said, she knew where she had taken it, and would go and change it, and call for the print in the evening; they then quitted

the shop both together; this was between two and three: I suspected them, and on examining the wrapper, I missed the piece of muslin; I informed the prosecutors; no other person had been in the shop from the time I saw the muslin; I sent to some pawnbrokers, and in about half an hour after, Mr. Collins, the pawnbroker, sent to me; I went down to Mr. Collins's shop, and found two handkerchiefs on the counter, one of which had my mark on, y | y, with a red pencil; I marked them myself; the prisoners were in the shop; I asked Hudson, if she had any more; she said, she had one more, which she produced; turning round from Hudson, I observed something white hanging from the pocket of Hobbs, which she observing, let fall from her pocket; I took up the handkerchiefs from the ground; and delivered it to the officer; the other officer took up the three from the counter; that handkerchief appeared to me to be part of the piece of muslin that before corresponded with the other three; but it had no mark.

RICHARD DOZZELL sworn.

I live in Great Wild-street with Mr. Collins; on the 11th of August, between two and three, I heard something was lost from Mr. Sheen's; in about half an hour after, these two prisoners came into the shop, and Mary Hudson offered two muslin handkerchiefs to pledge; upon questioning them, whose they were, she said, one was her own, and the other, the other woman's; I asked them, what they gave for them, she said, four shillings and sixpence for the two; I immediately got over the counter, and bolted the shop door, and informed my master, and went to Mr. Sheen's, and then to Bow-street, for the officer; these are the handkerchiefs.

(Produced.)

JOHN ATKINS sworn.

I produce the other handkerchief; it was laying on the counter when I went in.

(The four handkerchiefs handed to the Jury, and compared with the fifth handkerchief.)

JOHN SHALLARD sworn.

On the 18th of August, I was sent for to Mr. Collins's, to take charge of the prisoners; I took this piece of cloth from the prisoner Hudson, and down her bosom I found this remnant; it appears to be a remnant of the handkerchiefs.

Smith. This piece of cloth appears to be the same piece I sold to Hobbs, but I will not positively swear to it; I cannot swear to the remnant of muslin; but the border appears to correspond with this.

Prisoner Hudson. I recommend myself to the mercy of the gentlemen of the Court.

PRISONER HOBB's DEFENCE.

This young woman told me, that she had sent to the prosecutor, and he had sent word to her back again, if he could convict me, and acquit her, he would do it; an answer was sent back, that he could not, without acquitting us both; then he sent word, that he would not do it; this young woman says, that gentleman was very intimate with her, and often gave her things for the child, and that he gave her these four handkerchiefs; and she told the gentleman, that he was her sweetheart some time back; and I really believe there was a great deal of intimacy between them.

Prisoner Hudson. We are both equally guilty.

Smith. My Lord, it is very true; some time ago, the prisoner Hudson had a remnant of muslin from me; the person whom I served my time with, about four years ago, was very intimate with her father-in-law; she came to town very frequently, and came to the shop to see Mr. Coward, the person I served my time with; about three months ago she came to this shop; I had not seen her for three years and a half; she begged of me to shew her some muslin, about three shillings a yard; I shewed her some; she appeared to be in a very deplorable situation; she desired me to cut off two nails of this muslin; I believe it came to two-pence or three-pence; says she, you will not charge me any thing for this; I told her, I was sorry to see her in such a situation, and I would make her

a present of it; the apprentice is here that was present at the time.

Is that the only instance in which you have given her any thing? - That is the only instance that I can recollect; what I might have given her possibly four years ago, I do not recollect; but nothing else, since I have been at this shop.

Have you kept any connection or acquaintance with her, since you have been at this shop? - Not the least; I never saw her but when she came to the shop, and I believe she has been three times within three months.

MARY HUDSON , HANNAH HOBBS ,

GUILTY. 4 s. 10 d.

Imprisoned twelve months , and fined one shilling .

Tried by the second Middlesex Jury before the Lord CHIEF BARON.

Reference Number: t17900915-37

627. FRANCIS FONTON was indicted, for that he, on the 8th of May, 1789 , in the parish of St. Christopher-le-Stocks , feloniously did falsely make, forge, and counterfeit, and cause and procure to be falsely made, forged, and counterfeited, and willingly act and assist in the false making, forging, and counterfeiting a certain receipt for money, with the name J. Pierce thereto subscribed, bearing date the said 8th of May ; and which said false, forged, and counterfeited receipt is as follows:

"50 l.

"four per cent. annuities, consolidated,

"April 6th, 1780. Received this 8th day

"of May, 1789, of William Papps , the

"sum of 47 l. 12 s. 6 d. being the consideration

"for 50 l. interest or share in the

"capital or joint stock of four per cent. annuities,

"consolidated April 6th, 1780,

"erected by act of Parliament of the 17th,

"20th, 21st, 22d, 23d, and 24th years

"of his Majesty, King George the Third,

"intitled, an act for raising a certain sum

"of money, by way of annuities, and for

"establishing a lottery, transferable at the

"Bank of England, together with the proportionable

"annuity attending the same

"by me this day transferred to the said

" William Papps ; witness my hand, J. Pierce, 47 l. 12 s. 6 d. witness F. Fonton," with intent to defraud William Papps .

A second Count, for uttering a like forged receipt, knowing it to be forged, with the like intention.

A third and fourth Counts, for forging and uttering a like receipt, knowing it to be forged, with intention to defraud the Governor and Company of the Bank of England .

The Indictment opened by Mr. Garrow.

And the Case by Mr. Fielding, as follows:

May it please your Lordship. Gentlemen of the Jury: I have the honour to solicit your attention upon this melancholy occasion as counsel for the Governors and Directors of the Bank of England. Gentlemen, the indictment which my learned friend has just stated to you, informs you of the crime now imputed to the prisoner at the bar; and when you are informed that this is a forgery of a receipt for money, in a transaction which has been carried on at the Bank, you at once receive the impression of all the importance that such an enquiry is of: it is not proper, on the present occasion, to travel out of the business which is the subject of the present charge; I shall not therefore seek to throw into the present business any of the other circumstances that bear on the prisoner at the bar, however it might seem to bear on the present prosecution, and fairly to be introduced into that prosecution, as they might, by possibility, seem to carry the appearance of charging, with accumulated imputation, more than was necessary to a matter that is extremely simple in itself: I shall only inform you now, therefore, that the prisoner at the bar has been for, I think, twenty years nearly, a servant of the Bank of England, and having continued so long in such employ, bespeaks his character and reputation, till the time of this discovery, certainly a fair one:

indeed, gentlemen, it is of the utmost consolation to the Bank, when they contemplate that vast machine of public credit, the Bank of England, that no occasion has arisen wherein we have been called upon to question the wisdom of the regulation, the vigilance of the directors, or the fidelity and integrity of their servants; and till, unhappily, the present occasion arose, I think there has been no such occasion: acting, as the prisoner has done for so many years in the Bank, apprized of all the regulations made by the directors, unfortunately for himself, he has disobeyed one of those principal regulations which has involved him in the difficulties of this prosecution: as a clerk in one of the principal offices, he was expressly forbid to act as a broker; and, on the present occasion, he has violated that regulation: Gentlemen, the prisoner, while he was in this employ, not only gained the esteem and friendship of those around him, as well as the approbation of his masters, but likewise the confidence of several of his friends, who had intrusted him with the whole management of their concerns in the different stocks in which they had placed their money: among those people with whom he had obtained this confidence was the present prosecutor, Mr. Papps, who had employed him frequently in purchasing stock, but never in transferring any stock; on the 8th of May, as mentioned in the indictment, Mr. Papps, having at that time some money to lay out, applied to the prisoner, told him his intention, and desired that he would compleat the business for him; the money that he had on that occasion was 47 l. 10 s. 6 d. this was to be laid out in the purchase of so much stock, 50 l. in the four per cent. annuities; Mr. Papps having communicated his intentions to the prisoner, and he having received the money from him for the purpose, he expected the whole transaction should be compleat, till it was necessary for him to appear to accept a receipt, and to sign his acceptance of the stock; Mr. Papps very soon after having intrusted the money in the prisoner's hands, was told by him, that every thing was done and ready, and nothing more was necessary, than that he should sign the acceptance, and have the receipt; Papps, therefore, went with him to the desk, where a book was produced, and an instrument laid before them, and in signing that, which Papps conceived was an acceptance of the stock, he did, in fact, put his signature to a transfer of 450 l. stock of his own; this instrument laying before him, and to which, without any hesitation, he immediately put his signature, had within it those marks which immediately caught his eye; among those was the name of J. Pierce, of the Stock Exchange: soon after this, the prisoner delivered to him a receipt, signed J. Pierce, for that money which he had entrusted the prisoner with; here then terminates the transaction. I do not at present call your attention to that imposition made on Mr. Papps, in getting his hand to the signature of the transfer; this is a species of fraud, about which we are not at present enquiring; but you will see at once the relation which the name of that transfer bears to the name signed to the receipt given to Papps; that transaction, therefore, I say, in itself, rests here. Now to the evidence of this transaction, so as compleatly to bring home the charge of forgery to the prisoner, it will be necessary for you to pay particular attention to the circumstances which I shall now state: Mr. Papps had been in intimacy with the prisoner at the bar for many, many years; he had transacted all the business for him at the Bank; and as the prisoner was well known to Mr. Papps, and as Mr. Papps was well known to the prisoner, it is impossible that any person can have imposed on the prisoner, assuming the person of Papps, where there was so intimate a knowledge of one and the other between the parties: Gentlemen, the instrument of transfer is further material in the present business; you will find the very signature as the witness to this transfer, is that of the prisoner; that of course links him immediately to this transaction, as being concerned for Papps, when he first persuaded him to sign this transfer; then Mr. Pierce will come before you, and tellyou, he was willing to become the purchaser of a share in the stock, if any such was to be disposed of; the prisoner having obtained this signature to the paper, was therefore enabled to proffer this as a proper transfer, in order to turn it over to Pierce, and to get Pierce's acceptance; in truth, he did so; but Mr. Pierce, being a man conversant in the transactions of the Bank, he, in consequence of seeing this transfer, at once signed his acceptance, and there was an end of the business, and Pierce himself had no receipt; but the subject on which we are at present enquiring, being the receipt put into the hands of Papps, purporting to be the receipt of J. Pierce; I say, the name instantly suggested itself to the prisoner; he instantly made use of the name of Pierce to sign to that receipt, which he was to turn over to Papps, as a satisfaction for the money Papps had paid into his hands: so far you see this transaction is then perfectly compleat; the prisoner's knowledge of Papps cannot be doubted; Papps, therefore, will come before you, and tell you, that he having engaged for this, he received this very receipt from the hands of the prisoner; Pierce will tell you, that on the same day he was at the Bank, and had the transaction I have related; that he never signed such receipt, and that it is a fabrication, and a forgery: Gentlemen, therefore, you perceive that the object of your enquiry lays within very small compass; but as it is always satisfactory that the minds of a jury should be made up from all the circumstances that attend the transaction, so I am ready to trust that on your view and consideration of every one circumstance, you will be enabled to make up your minds most compleatly, and without hesitation, that the crime imputed to the prisoner has been effected in the way I have described: now, gentlemen, with respect to the testimony, it appears to me that there cannot be a possible imputation upon any of the evidence which I shall call to you: Mr. Papps comes forward here to give his testimony against his ancient friend; at the same time, Mr. Papps has no interest in the present prosecution; indeed, I am anticipating those objections which can have no force, and therefore I stop and check myself: these gentlemen, when they tell you the simple transaction that I have explained to you, will, I trust, leave no doubt in your minds; as to the receipt given to Papps, and upon which it is the charge of forgery is now established, the very prisoner himself is a witness to that receipt: then, gentlemen, it seems to me, that the case is precluded from every possible observation; those little matters which now and then, indeed, arise in other cases, I think are totally shut out: but, if your minds were not compleatly satisfied on account of the receipt, it would still remain a forgery; and a forgery, as I conceive, proved, assuming that the witnesses will prove all I have related, whether they have a relation or not to that Mr. Pierce with whom the other transfer was transacted, for it still is a forgery by the prisoner; imposition, it is impossible to conceive, in the present case, being made by any person whatever; but, when you come to compare the two transactions together, and when you take into your consideration the result of that comparison, you must be persuaded that the mind of the prisoner was wickedly bent that morning, when Papps applied to him. Therefore, the trouble you will have in your attention to this case, will be short; the charge is confined to the simple circumstance of his having forged that receipt, and the evidence will lay in a very small compass. Gentlemen, lamentable it is, indeed, to see a person of the prisoner's appearance and description, standing at the bar, on a charge like this; it must, on the present occasion, and indeed it does, in the minds of a British Jury, excite emotions of compassion, and every tender feeling: and so far from wishing to interrupt the course, nay, the full indulgence of those feelings, the Governor and Company of the Bank of England, I am sure, will rejoice at every evidence of them; those feelings being at all times the best assurance of the faithful discharge of your respective duties, whether you consideryourselves as citizens, or advert to that more important duty, which you are now to discharge as a jury of your country.

WILLIAM PAPPS sworn.

Mr. Knowlys, Prisoner's Counsel. You come here under expectation to have all that stock replaced of which you was possessed; do not you come here under a promise to have four hundred and fifty pounds replaced to you on condition of giving evidence against the prisoner? - Yes.

Have you not had that expressly intimated to you, that on condition of giving evidence against this man you should be replaced in this sum of four hundred and fifty pounds stock? - No.

How then did you form the expectation of having this stock replaced to you? Have not you had hopes given you that you should have four hundred and fifty pounds, or some sum on condition of giving evidence on this trial? - Yes.

Court. Do you mean to say that there had been a bargain between you and the Bank? - No; none at all.

That if you gave your evidence you should have your four hundred and fifty pounds again, and if not you should not? That you expect shall be replaced to you? - Yes, I hope so.

Have you made your bargain with the Bank about that, and have you stipulated with them, that provided they will do that, you will then give evidence, and if they do not you will not give evidence? - Not from the Bank.

Mr. Knowlys. From whom then was it that you had that hope given you; was it from any servant, any person employed by the Bank in any manner whatever.

Court. Has there been any consideration between you and any body on the part of the Bank, respecting your giving your evidence in this case, making you any promises if you would do it? - No; none at all from the Bank.

Do you know the solicitor of the Bank, Mr. Winter? - Yes.

Was it intimated by him? - Yes; he gave me some hopes of recovering it.

Court. But was it on condition that you would give evidence on this trial? - Yes, my lord.

Mr. Fielding. You perceive this four hundred and fifty pounds transfer is not immediately connected with any other indictment.

Court. Suppose it is not, if this man will come here and say he expects four hundred and fifty pounds in money for giving his evidence, to be sure I shall reject his testimony.

Did you make a bargain with the Solicitor? - No; I made no bargain at all.

Did he on his part promise you, that if you would give the evidence then he would transfer to you? - He did not mention any such thing.

Did he make it an express condition, that on condition of giving your evidence it should be replaced? - No.

Mr. Russell. Do you know the prisoner at the bar? - Yes.

How long? - Some years.

During that time have you been very intimately acquainted with him? - Not very; he used to come backwards and forwards to my house.

Did you ever employ him to do business in the Stocks for you? - Yes, as an acquaintance.

Did you employ him to buy any stock for you in May, 1789? - Fifty pounds, four per cents.

Did he undertake to do it? - Yes; and gave a receipt for it.

How soon did you see him after this business? - Not for some time afterwards.

Did he tell you at any time that he had bought it for you? - Yes; he gave me a receipt for it.

Did you write your name? - Yes, to a transfer book.

When you wrote your name to that transfer book did you consider yourself writing your name to the transfer book or to the acceptance book? - I did not know it

was a transfer book, I thought it had been an acceptance book.

Did he give you the receipt at the same time that you signed your name, or a different time? - At the same time.

When did you pay him the money? - The same day.

Before or after you took the receipt? - Before I took the receipt he came and told me he would get it ready against I came; and I used to go and leave it intirely to him.

How much did you pay? - I cannot recollect justly what the stocks were; what fifty pounds cost; but he put it on the receipt himself.

Was that the paper he gave you? - Yes.

At the time you signed your name? - At the time I signed my name, and he put the figures on the back.

Is that your hand writing? - Yes.

Do you know Mr. Fonton's hand writing? - I have seen it.

Is that his hand writing; look at it? - Yes, I believe it is; it is very much like what I have seen in the corner of the receipt.

Look at the receipt, at that name, Francis Fonton ? - I believe that to be his hand writing.

Did you at any time after that day receive your dividend at the Bank? - I received my divend that same day.

Have you received it since May 1789? - Yes; at Lady day last.

How much did you receive for your dividend? - I received twelve pounds for six hundred and fifty pounds of Mr. Fonton.

Was the dividend you received last Lady day the whole amount of your stock, suppose that four hundred and fifty pounds was standing there? - Yes.

Does that include fifty pounds that you supposed you had bought that day? - That made it up six hundred and fifty pounds.

How came Fonton to pay you the dividend; was it his business? - He never paid me but twice; he used to give the dividend he said, to save me the trouble of waiting.

Mr. Knowlys. I would ask you whether you did not say yesterday, about five in the afternoon, to any body, that you had been promised by Mr. Winter, to have your four hundred and fifty pounds stock replaced, in case you gave evidence on this business, and all your expences, and that if you did not you would not? - No, there was nothing mentioned about expences; there were three gentlemen called upon me yesterday in the afternoon.

Did not you say to these three gentlemen, that you had been promised by Mr. Winter to have your four hundred and fifty pounds stock replaced, in case you gave evidence on this business, and all your expences, and that if you did not you would not; and that you would not have come if that promise had not been made? - No, I said no such thing; they called upon me about appearing against Mr. Fonton, and I told them I must appear, I could not do otherwise: I never made any such promise to any body.

Did you relate to any body yesterday, that such conversation passed between Mr. Winter and you? - I did not say any such words as not appearing.

Did not you tell them that you had a promise made you by Mr. Winter to have your four hundred and fifty pounds replaced, in case you gave evidence on this business, and if you did not you would not? - Mr. Winter said, he hoped it would be replaced, as I understood him; but I never made any agreement or bargain about it.

Then did not you tell somebody yesterday, that Mr. Winter had promised you that the stock should be replaced if you appeared, and gave evidence on this trial? - No; not to the gentlemen that called yesterday.

Mr. Russell. What gentleman was that that called yesterday? - The gentleman is in court.

Point out the man? - That gentleman is one that called, Mr. Slack.

What did he call about? - He called about Mr. Fonton's affair; Mr. Slack mentioned to me to know if I should appear, and I told him I was obliged to it.

What passed between you about it? - I cannot recollect very particular.

Try; what did he want of you; what did he come to you about? - He came with intent like, as for me not to appear against him.

What did he say to you on that subject? - I cannot recollect the very words.

I do not want the very words, but the sense of them? - It was something concerning the not appearing against him.

What was it? - It was, that if the money was replaced by any person, that I would not appear against him: I told him I was obliged to it.

What more? - Nothing further that I can recollect: I said, I was obliged to come because I was subpoened to appear.

WILLIAM EDWARDS , Esq; sworn.

Mr. Garrow. You are Accomptant to the Bank of England? - Yes: I believe this to be the hand writing of the prisoner.

Look at this transfer book; do you believe the name subscribed as witness to the transfer of Mr. Papps is the hand writing of the prisoner or not? - I do; the body of the receipt, which is not printed, and the filling up of the transfer, is his hand writing.

JOHN PIERCE sworn.

I live in Queen-street, Lincoln's-inn-fields.

I believe you are sometimes described of the Stock Exchange? - Yes.

You do business there frequently? - Yes.

Be so good as to look at the signature of that, is that your hand writing? - It is not.

Did you on the day that appears to be dated have any such transfer as that receipt imports? - No.

You did not transfer fifty pounds stock on that day to any body? - I do not know to any body, but not in his name.

Did you sell any sum of fifty pounds stock to the prisoner Fonton on that day? - No, I did not.

Do you remember any transaction that you had respecting stock with the prisoner upon that day? - Yes.

State what it was? - I bought four hundred and fifty pounds of the prisoner.

Look at this book and see whether that acceptance of a transfer belongs to you? - That was the four hundred and fifty pounds that was paid by me; the person who transacts business for me, who is in court, one Mr. Brown, paid it to Mr. Fonton.

You gave directions to Mr. Brown?

Court. I suppose you have other witnesses to prove that this is not the hand writing of another Mr. Pierce; because I doubt a little whether Mr. Pierce is a proper witness to prove his own hand writing.

Mr. Garrow. We have a release.

HUGH PERCY REPWORTH sworn.

I am clerk to Mr. Winter. I saw this executed by Mr. Papps.

Mr. Garrow. This is a release from Mr. Papps.

Mr. Garrow to Mr. Edwards. Are you acquainted with the character of Mr. Pierce's hand writing? - I have frequently seen his signature; he was formerly a clerk in the Bank many years.

Look at this, and see if it is his signature? - It does not appear to be his signature.

ROBERT HAND sworn.

I am clerk to the Three Per Cent Consolidated Office, at the Bank.

Have you examined the books of the Bank with a view to discover how many persons of the name of Pierce had stock in the three per cent. annuities? - One John Pierce , of Barn Elms , and the other John Pierce , of Queen-street, sadler.

That is the same person that has just been examined? - Yes.

Have you examined the transfer books of that day? - I have.

Is there any transfer made on that day by John Pierce to any body? - There is no transfer by John Pierce to Papps.

Is there any transfer by Papps to any body? - Not that I could find.

Mr. Garrow. Now we will proceed to prove that John Pierce , of Barn Elms , was at that time dead.

Mr. Knowlys. Did you examine for any person of the name of James Pierce , or Joseph Pierce , or Ignatius Pierce , or Francis Pierce ? - No, Sir; no other but John.

SARAH PIERCE sworn.

I am widow of Mr. John Pierce of Barn Elms .

Mr. Garrow. When did he die? - The 18th of May, 1788.

To Mr. Edwards. Do you know whether on this day we have been talking of, it was the duty of the prisoner to fill up the transfers in the Three Per Cent . Office? - It was no part of his duty; his department was at that time to pay dividends in the Three Per Cent . Annuity Office; there was other persons appointed to this duty of filling up transfers.

Court. Did he pay dividends or deliver out warrants? - Deliver out the warrants.

Mr. Garrow. Do you know of any order that was communicated to the clerks, by the directors, that no clerks in the Bank should act as brokers? - There was.

That I believe is written up in the office? - Not in those express words,

"No

"clerk in the Bank is permitted to act as

"broker or jobber in any of the funds."

Mr. Knowlys. Notwithstanding that order I believe it is pretty well known to the world that it is done by more than one? - I believe it is.

JOHN BROWN sworn.

I do business for Mr. John Pierce , the stock broker. On the 18th of May, 1789, I paid the prisoner, Mr. Fonton, four hundred and twenty-eight pounds, one shilling, and three-pence, as the consideration for transfer of four hundred and fifty pounds, four per cents.

Do you recollect how you paid it? - I do not exactly; it was in cash and bank notes.

Did you take a stock receipt from him? - No, Sir; I had no receipt.

Do these kind of transactions frequently pass between the brokers without receipts? - Very frequently in the multiplicity of business: we see the transfer is made.

Did you on this occasion satisfy yourself that the transfer was made to your principal? - Yes; I was satisfied of that.

Mr. Knowlys. Then you do not consider the receipt as absolutely necessary among yourselves? - Not as a jobber.

Mr. Garrow to Pierce. Did you take any receipt on this occasion? - No.

How happened that? - Oh, we frequently do them without a receipt; I went and looked at the books, to see if there was any transfer.

How long have you known the prisoner? - A great number of years.

Are you acquainted with the character of his hand-writing? - I have seen it frequently, because I have a great number of receipts of his.

Look at that receipt? - I believe it to be his.

Look at the written part of the body of the transfer: do you believe that to be his? - Yes, I believe it is his.

(Shews him the receipt.)

Look at the body of that receipt; is that the hand-writing of Fonton? - Yes.

Do you believe both of them to be the hand-writing of the prisoner? - I believe both of them to be his.

(The receipt read.)

'4 per cent. annuities, consolidated April

'the 6th, 1780. Received of William

'Papps, the sum of 47 l. 12 s. 6 d. being the

'consideration for 50 l. interest or share in

'the capital or joint stock of 4 per cent.

'annuities, consolidated April the 6th,

'1780, erected by acts of parliament, the

'17th, 20th, 21st, 22d, 23d, and 24th

'years of the reign of his majesty, King

' George the third, intitled

"An act for

"raising a sum of money by way of annuities,

"and for establishing a lottery."

'Transferable at the Bank of England, by

'him transferred this 15th of May. Witness

'my hand,

" John Pierce ." Witness, '

"F. Fonton."

'Directed to the

'court of directors.'

To Mr. Edwards. These receipts have been therefore given, when stock is transferred by power of attorney? - The seller gives the buyer his receipt: the attorney signs his name, William Smith , attorney to William Jones .

So then, according to the common practice, the name of the proprietor himself is signed: it is understood to be the name of the proprietor? - The receipt is given by the attorney for such a one.

You know, by looking at the receipt, whether it is a receipt given by the proprietor himself, or by power of attorney? - Yes.

Mr. Knowlys. That receipt is for so much stock purchased of Mr. Pierce, not a sale? - Yes, it is.

Court. Prisoner Fonton, you hear the charge against you; that it is the having put into the hands of Mr. Papps, a forged receipt, from one John Pierce , for the consideration money of fifty pounds stock, which receipt you witnessed, and which they say is a forged receipt; for that in the first place, as far as they have been able to trace any John Pierce , they have proved that this receipt is not his hand-writing; but beyond that, there is this strong circumstantial evidence, to prove it a forgery. That, whereas, that receipt expresses that this was received for the consideration of fifty pounds, transferred by Pierce to him; there is no transfer by any Pierce to him of that sum; and it is witnessed by you, the body of it; and therefore you are now called upon to satisfy the jury, if you can, how you came to put into the hands of Mr. Papps, such a false receipt.

Prisoner. My lord, I leave my defence to my counsel.

Mr. Knowlys. My lord, I have a great many witnesses to his character.

Court. If his witnesses should happen not to be here, he certainly will suffer nothing by that means, because the circumstance of his having been employed seventeen years and upwards, at the Bank, is a decisive evidence of his good character.

Mr. Edwards. I have known him eighteen years; he has always borne the character of a punctual orderly well-behaved man, very inoffensive in his manners; so much so, that he would have been one of the last in the house that, I should have thought capable of such a transaction.

The prisoner called five more witnesses who gave him an exceeding good character.

GUILTY of uttering, knowing it to be forged.

Death .

Tried by the London Jury before the Lord CHIEF BARON.

Reference Number: t17900915-38

628. BRIDGET CASSIDY was indicted for stealing, on the 5th of July last, a pair of linen sheets, value 4 s. a woollen blanket, value 2 s. a wooden pail with an iron handle, value 6 d. the property of Patrick Carroll , in a lodging room.

PATRICK CARROLL sworn.

I let lodgings in Bambridge-street, St. Giles's . The prisoner had a two pair of stairs front room about five months; nobody was with her but her child; she had some of the things from my wife; I was informed she was gone; and at last I found her in Leicester-fields; and she gave a woman some duplicates in my presence; and one of them was for a sheet; I went to see the sheet, and it was mine; it was pawned at Brown's, in the Strand; I never found any other part of my property; the things in the indictment were all missing.

Mrs. CARROLL sworn.

I remember the prisoner coming to lodge; she had a bed, bedding, a pair of sheets, a blanket, and a rugg; and I have seen her use the pail.

THOMAS BENNETT sworn.

I am servant to Mr. Brown. I produce the sheet; I took it in of the prisoner the 5th of July.

(The sheet deposed to.)

WILLIAM DAVIS sworn.

I took the prisoner in custody: I got the sheet from the pawnbrokers.

PRISONER's DEFENCE.

I was in distress, and my child; I had no work: I left the sheet at the pawnbrokers; I came in the evening for the sheet, with a shilling; and I had not a halfpenny for the interest; and he would not let me have it; the pail I left for twopence.

GUILTY of stealing the sheet only .

Imprisoned one month .

Tried by the second Middlesex Jury before the Lord CHIEF BARON.

Reference Number: t17900915-39

629. GEORGE MACKEY was indicted for stealing, on the 14th of August last, six pounds weight of raw sugar, value 2 s. the property of James Robinson , John Dawson , Abraham Boulogne , Joseph Harris , John Wood , William Tabers , and Thomas Martin .

ABRAHAM BOULOGNE sworn.

I am a warehouse-keeper at Dice and Smart's key, Thames-street . On the 14th of August, we had occasion to employ many men; I locked the stair-foot door of the building about half past seven; they had done work; I locked the door on purpose to search the men when they came down, to see if there was any had taken any sugar; we searched them one by one; the prisoner was up stairs as one; I thought he had some sugar concealed in his breeches; I searched him in the compting-house, and found a handkerchief of sugar in his breeches; I challenged him with it, and took it from him, and kept him till I fetched an officer; and he was committed; I weighed the sugar; it was six pounds.

Was it possible to have taken it in, and worked with it? - I think not; he could get at the sugar; it was two story below where he was working.

How many men were there? - I will say ten; I could not miss the quantity of sugar; I searched the buildings with a constable, and found a hogshead broke open; it was not open at one o'clock; I am certain we have missed a great quantity at different times.

Was it yours? - Yes; we are responsible for all losses.

JOHN DAVIDSON sworn.

I am one of the partners. On the 14th of August, the prisoner was at work for us; and every thing passed that Mr. Boulogne has related.

The CONSTABLE sworn.

I had the man in custody.

PRISONER's DEFENCE.

My lord, I bought the sugar of a man on Tower-hill, in the morning; and a gentleman asked me to work; and when I came down, he searched me, and said it was his.

The prisoner called his serjeant, who gave him a good character as a soldier and an honest man.

GUILTY .

Whipped and imprisoned three months .

Tried by the London Jury before Mr. Justice GROSE.

Reference Number: t17900915-40

630. EDWARD WRIGHT was indicted for stealing, on the 16th of July last, one brass two pounds weight, value 1 s. a brass one pound weight, value 6 d. a brass half pound weight, value 3 d. an ounce weight, value 1 d. a half ounce weight and a quarter of an ounce weight, value 2 d. the property of Robert Metham .

ROBERT METHAM sworn.

I live in Cheapside : I am a goldsmith . On the 16th of July, the prisoner came into my shop between two and three, and asked for some plated buckles; I said I had none; he went away; and a little girl came in and said that man had stole something; I looked out, and went out towards Newgate-street; and I overtook him, and said he had got my weights; I missed them off the counter; I took him along; and I saw the weights in his lining of his coat; he took them out and gave them to me; I took him home, and gave charge of him, and he was committed.

(The weight produced and deposed to.)

- JACKSON sworn.

I am a constable: I took him into custody: I had the weights of Mr. Metham.

PRISONER's DEFENCE.

I have been distressed a great while: I did not know that I took the weights; I laid down a bag and took it up, and did not know I took the weights.

GUILTY .

Privately whipped .

Tried by the London Jury before Mr. Justice GROSE.

Reference Number: t17900915-41

631. THOMAS BROWN , otherwise JOHN BROWN, otherwise THOMAS NEWTON , and MARY SMITH otherwise WOOD , were indicted for feloniously stealing, on the 22d day of July last, four pair of silk stockings, value 34 s. and one silk stocking, value 4 s. the property of John Burgher , privily in his shop .

THOMASIN BRIDGES sworn.

I live servant with Mr. Thomas Burgher , a hosier , the corner of the Savoy steps . On the 22d of July, the prisoners came to our shop between one and two in the afternoon; I was shewing some stockings to two gentlemen: the man prisoner came in with a basket; and the woman came and stood between the two gentlemen, which prevented me seeing the man; he went towards the corner of the counter: I called Mrs. Burgher; the woman said she was in no hurry; she wanted to look at a pair of stockings that were in the window.

JOHN PARKER sworn.

I live with Lovell and Curtis, wholesale hosiers, in Wood-street. On Thursday, the 22d of July, about two, I was passing the house of the prosecutor; accidentally, on turning round my eyes, I observed a hand rush into the window, in the inside, where there were some stockings; and that hand drew some stockings from the window, which I have in this basket; that person was the prisoner Brown; I am sure of it; I waited to see if he made a second attempt, but he did not; I then went into the house, and he had this basket in his hand; I have kept it ever since; these are the stockings I took from him; I asked him what he had in the basket? he made no answer, but seemed quite astonished. With respect to the woman prisoner, she was standing between two gentlemen, who were serving by the last witness, quite to her obstruction: and the man was secreted behind her: it was morally impossible for her to see the man. Mr. Burgher went to Bow-street for an officer: he searched Brown, and found nothing in his pocket but a nail: he then searched the prisoner Mary Smith 's pocket, and found half a guinea and a shilling: in the other pocket he found a handkerchief rolled up: he asked her what was in that? she said only some half-crowns which she had just taken in change of a guinea.

Mr. Knowlys, Prisoner Smith's Counsel. The woman was standing near the counter, as close as she could, by the two gentlemen? - Yes.

Are those two gentlemen here? - No.

You had no difficulty in seeing the stockings taken? - Not the least.

They were not taken slily? - It was entirely slily to the person that was serving.

It seemed to be the impulse of the moment? - It was.

Did you hear the woman prisoner speaking to the woman of the shop, when you came in? - I did.

You say the prisoner Brown was secreted behind the woman? - Yes: where he stood was close against the window: the two gentlemen were nearly close to the window, not so close as he was: the woman was standing in a direct line with the prisoner.

Court. Was there any conversation between the woman and the man, the two prisoners? - None.

How was the prisoner secreted behind the woman? - I only mean to say that the woman stood before the man.

Did the woman stand otherwise than any other two persons would have done? - I do not directly say to secret him, only in imagination.

(The stockings deposed to by Mrs. Bridges, being marked A. in the foot.)

They are the property of Mr. Burgher; I saw them in the window not five minutes before the prisoners came in: the value of them under valued at eight shillings a pair, is thirty-nine shillings and six-pence.

PRISONER BROWN's DEFENCE.

Since I have been in trouble, I have been informed that Mr. Thomas Burgher is a bankrupt, and in the Fleet Prison.

Mr. Parker. It is not so. Mr. John Burgher is accountable for the goods: we sell him the goods: we do not look to Mr. Thomas Burgher for payment.

Whose shop is this? - Mr. Thomas Burgher 's shop.

Mr. Knowlys. Has there been any assignment of the lease from Thomas Burgher to John? - I cannot say.

The prisoner Smith called one witness to her character.

THOMAS BROWN , GUILTY

Of stealing, but not privately.

MARY SMITH , NOT GUILTY .

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

Reference Number: t17900915-42

632. DOMINICK VERRIOE was indicted for stealing, on the 7th of August last, one cotton shawl, value 7 s. the property of Hannah Taylor , spinster .

NOT GUILTY .

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

Reference Number: t17900915-43

633. THOMAS BROWN , otherwise JOHN BROWN, otherwise THOMAS NEWTON , and MARY SMITH otherwise WOOD , were again indicted for feloniously stealing, on the 13th of May last, forty-two pair of leather gloves, value 20 s. the property of Francis Gibbons , privily in his shop.

JOHN LINGARD sworn.

I am shopman to Mr. Francis Gibbons , No. 10, Hayes's-court, Newport-market, in the parish of St. Ann's, Westminster . On the 13th of May last, the two prisoners came into our shop; I did not see them come in: I was serving a lady in the back of the shop; when I came forwards, the prisoner, Mary Wood , stared me so full in the face, I began to suspect the woman was no better than she should be; she stared me out of countenance several times: I went up a little higher, and I saw the prisoner Brown stand up in the opposite corner of the shop by himself; I went into the back shop, and came forward again, and looking at the middle of the shop, I saw three or four pair of gloves lay on the floor, between the two counters; I knew those gloves were on the counter about five minutes before that time; I made up to the prisoner; and as I was going up to him, he was going out of the shop; I went after him; I looked up the court, and either the wind or himself turned his coat on one side; and I saw some gloves under his arm, concealed; I brought him back into the shop; and as he came back, he dropped the gloves all on the floor; he denied having the gloves; I took up the gloves; they are here; they have our private mark withinside; I swear they are Mr. Francis Gibbons 's property; and I put them at the end of the counter five minutes before.

What is their value? - There are forty-two pair of them; his getting off the first time he was indicted, the constables would not take him up again: * the value of those I took from him, eighteen pair, is six shillings; the whole was twenty shillings: the woman was not searched; she went out of the shop.

* He was indicted at a former sessions, and acquitted by mistake.

Mr. Garrow, Prisoner Smith's Counsel. The woman continued some minutes in the shop after the boy went out? - She might continue one minute or two.

PRISONER BROWN's DEFENCE.

I know nothing of it.

THOMAS BROWN , GUILTY , Death .

MARY SMITH , NOT GUILTY .

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

Reference Number: t17900915-44

634. RUTH CHILD , alias RUTH wife of JOHN DEAN , was indicted for stealing, on the 8th of August last, four feet of leaden pipe, with a brass cock, belonging to John Sayers , and affixed to his dwelling house, against the statute .

JOSEPH SAYERS sworn.

I live at No. 9, Castle-street, Long-acre ; I rent a house there: my landlord is Mr. Tibbs; I am a tenant from year to year.

JAMES SELF sworn.

I saw this woman go through the passage of Mr. Sayer's house, with this lead tied up by her pocket, between four and five; I saw part of it through her pocket-hole; I followed her, and took her to St. Giles's watch-house; this is the lead. (Deposed to.)

It appeared to have been cut at one end, and broke at another; it weighs upwards of fourteen pounds, and is about a quarter of an inch thick; I have compared it; I am sure it came from our house: the prisoner had been a lodger about three weeks; she had a husband; he might help her to cut it off; it must be done by force.

PRISONER's DEFENCE.

I found it in the entry; I was in liquor; I did not cut it; I have been in gaol a month, on bread and water, and neither my husband or any other person has come near me.

NOT GUILTY .

Tried by the second Middlesex Jury before the Lord CHIEF BARON.

Reference Number: t17900915-45

635. SARAH CORNFORD was indicted for stealing, on the 7th of June last, two yards of white linen cloth, value 18 d. one yard of black linen cloth, value 12 d. a muslin half handkerchief, value 3 s. three checked ditto, value 1 s. two cloths, value 6 d. and a muslin cap cawl, value 2 d. the property of Elizabeth Weedens , widow .

ELIZABETH WEEDENS sworn.

I lost the things in the indictment, and several things besides. I went to take care of a lady's house near Portland-place ; and the prisoner came to clean the house on the 28th of May; I left the house the 31st; I left the prisoner there; on the 7th of June I missed the things; I went and asked her for them; she said she knew nothing of them; I left the things in the house; I took a search-warrant to search for some papers, to search the prisoner's lodgings, at the back of the Jews-harp-house, on the 9th of August; and I found the three articles in the indictment, in her pocket; they are here; I gave them to the constable.

ELIZABETH SMITH sworn.

I left these things in the house; and the prisoner was left in care of the house.

RICHARD LOVATT sworn.

I searched the house the 9th of August, and found these two articles in the prisoner's pocket; and this cawl of a cap and the check were found in a bag that hung over the bed.

PRISONER's DEFENCE.

I was cleaning this house, and I picked up these old rags; and I put one in my

pocket; and the constable found one in my pocket, and one in the rag-bag.

Lovatt. They were both in her pocket.

Court. What is the value of those things?

Prosecutrix. Three-pence; the cawl is worth one penny.

NOT GUILTY .

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

Reference Number: t17900915-46

636. JOHN PALMER was indicted for stealing, on the 1st of March last, one linen sheet, value 4 s. a muslin apron, value 2 s. a handkerchief, value 2 s. 6 d. a piece of dimity, value 6 d. a silk handkerchief, value 1 s. the property of James Harper .

JANETT HARPER sworn.

I am wife of James Harper : I missed the things in the indictment; but I did not know that this gentleman took them; he lodged with us nine months; I cannot tell when I lost them: I found them on Monday four weeks, where he had offered them for sale.

MARY MAVERN sworn.

The prisoner came to lodge with me the 25th of June, as he came off party; he was a soldier; he lodged with me till the 25th of August; on the 17th of August he offered to sell me this handkerchief and this apron; on the 18th he offered me this sheet for sale; he said they belonged to his sister; I did not look at them; on the 19th I missed my watch, and took him up; I then suspected he had not come honestly by them.

(The things deposed to.)

JULIA KILGOUR sworn.

I know nothing of it.

PRISONER's DEFENCE.

I was working in my room, and this Julia Kilgour asked me if these things were of any use for my sister; and I gave her twelve shillings for it; I took them to my sister, but she had not the money; and I pawned them; and they remained there five or six months; and Mrs. Mavern was willing to buy them for ten shillings: Mrs. Harper is her sister; and she gave her a very bad character.

Kilgour. There is not a word of truth in it.

GUILTY .

Fined 1 s. and imprisoned three months .

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

Reference Number: t17900915-47

637. JAMES ROLFE and JOHN SAVAGE were indicted for stealing, on the 7th of August last, one copper coalscuttle, value 4 s. two copper stew-pans, value 10 s. and a copper quart pot, value 3 s. the property of Elizabeth Twisden .

(The witnesses examined apart.)

ELIZABETH TWISDEN sworn.

I am a widow , No. 3, Great Litchfield-street, Cavendish-square: I am a housekeeper. I lost these things from a house I have in Margaret-street, No. 63 ; it was not let then; but I furnished it to be let. On the morning of the 7th, I awaked a little after five; I heard a great noise; I got up and went to the window, and saw a great croud at my house in Margaret-street; I went to that house, and found the kitchen windows and door open, and many people in the house; I found the bars of the kitchen window broke, and the frame of the sash broke, which had been forced and given way; I found a bundle of copper in the kitchen, in a house-cloth, which I knew; and the two prisoners were in custody; there were two other bundles neatly packed up, ready to take away: the house-cloth and the drinking-pot I know to be mine; and I believe the other two articles to be mine, as I missed coppers of that description.

WILLIAM ATKINS sworn.

On the 7th of August, a little after five, I saw the prisoner, James Rolfe , come over the rails of the area of No. 63, Margaret-street: he walked backwards and forwards two or three times; then he went to Margaret-court, and I lost sight of him for a moment or two; then he came back to the rails, and received a bundle over the rails, from a person inside; I could not discern who that person was; he then went back to Margaret-court; I then went round the houses, to the other end of the court, and met the prisoner; he ran from me, and dropped the bundle; I picked it up, and kept crying, stop thief, and Thomas Soles stopped him; I took him back to the prosecutor's house, and gave the alarm, and while we were at the prosecutor's house there was an alarm of another, which I did not see; I produce the bundle, which I have had ever since.

Prisoner Rolfe. Was not there a man and woman standing against the area rails the same time? - Yes, there was; but they never moved one way or the other.

Which way did they go then? - I do not know.

THOMAS SOLES sworn.

I was at work on the 7th of August, between five and six, in Margaret-street; I heard the cry of stop thief; I ran out; the prisoner, Thomas Rolfe , came towards me; he was running very fast: I had a little knife in my hand, which I use in my business, and I told him not to come any nearer; Atkins came up with the coppers, and assisted me; I took him; I went back to the house, and saw the kitchen door open, broke, and part of the little window broke.

CATHERINE SYMONDS sworn.

I shut up the house, No. 63, Margaret-street, that, and every night. I know the copper pot; it has my mistress's name on it: as to the other things, my mistress had such things.

DAVID WELCH sworn.

On the 7th of August, coming out of Margaret-court, into Margaret-street, I saw the prisoner Savage getting over the rails of No. 63, Margaret-street: I was about twenty or thirty yards off: I called out, stop thief; it was a little after five in the morning: he was stopped by Archibald Stephens , in my sight: he had not gone far: I then got over the railing with others, and saw the window had been forced open, and the step of a foot where they got in.

ARCHIBALD STEVENS sworn.

I took the prisoner Savage on the morning of the 7th of August, between five and six: I saw Welch after I took the prisoner; I suppose it was about sixty yards from No, 63, in Margaret-street; he was running, and a great many people following him, about twenty yards from him.

PRISONER ROLFE's DEFENCE.

I was in St. Margaret's-court, going to call a young man to go to work, and I saw a man go to these rails, and take something, a little while after I heard the cry of stop thief, and I saw a man turn down the court and run after him; and this man took me.

Court. What way of life are you in? - I was a clerk, but out of bread.

To whom? - I was clerk at the Rotation-office in Litchfield-street, and at the Six Clerks-office in Chancery-lane, and in Fetter-lane.

PRISONER SAVAGE's DEFENCE.

My father keeps jobbing carts and horses and attends Covent-garden; I was going there this morning; and I heard a noise, and they stopped me as I was going along the road.

JOHN BEALE sworn.

I have known Savage above nineteen years; he is a shoe-maker: I am a gentleman that gets my bread by the wine business; in regard I am a man you see in years, but I would do my endeavour to speak a true word; that is what I come about: as far

as ever I knew, he always bore a good character; both his father and him before.

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

Jury. Did you find any tools upon them? - No.

BOTH GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before the Lord CHIEF BARON.

Reference Number: t17900915-48

638. JOSEPH SALMON was indicted for stealing, on the 17th of August last, three pieces of check, value 10 s. the property of John Pearson .

JOHN PEARSON sworn.

I am a mathematical instrument maker . On the 17th of August, about half after ten, I was robbed: I only speak to the property.

MARY PEARSON sworn.

I am wife of the last witness. On the 17th of August I set five pieces of check in the shop window, soon after ten in the morning: I live in the city-road ; five minutes after I found the shop door open, which had been shut; and I missed three pieces: I called William Haseltine to pursue; and he brought back the prisoner and the check.

WILLIAM HASELTINE sworn.

I took the prisoner on the 17th of August, with this check. I live with the prosecutor: I was backwards; and my mistress called me in pursuit of the prisoner: I brought the check and the prisoner to my master's house.

(Deposed to by a mark at each corner, by Mrs. Pearson.)

- GILBERT sworn.

On the 17th of August I met Joseph Salmon , about thirty yards from my own house; he seemed in a great fright; and meeting Haseltine, I pursued the prisoner with Haseltine, and took him in a cellar of a new house, in Whitecross-street, with the property.

Prisoner. Did not you swear that you saw a man in a white coat take this property out of the shop, and drop it? - No.

PRISONER's DEFENCE.

I was coming with some cattle of my master's to Islington, and I saw this bundle lay in a hole, tied up in a spotted handkerchief, and this man saw me shewing it to another man that I knew; he came up, and said it was his property.

Court to Gilbert. Were these things in a pocket handkerchief? - No; they were buttoned up in his jacket.

GUILTY .

Fined one shilling , and imprisoned twelve months .

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

Reference Number: t17900915-49

639. ELIZABETH FORD was indicted for stealing, on the 6th of August , one cotton gown, value 8 s. one black quilted stuff petticoat, value 4 s. and a white muslin apron, value 12 d. the property of Sarah Saunders .

SARAH SAUNDERS sworn.

I live No. 80, Newtoner's-lane . I lost the things in the indictment from my place where I lived. I have been servant to Mr. Shawe five years. I mislaid my key, and left my box open; and I missed my things five weeks ago: the prisoner was my fellow servant for seven weeks; but went away the night she took the things; I missed my things about an hour after she was gone: she went away without her wages, or taking leave: I found nothing but my apron; about a month after the prisoner was taken by my master, and a constable: I saw her at the watch-house: she owned to every

thing she took; my mistress chastised her, and asked her if she was not ashamed to rob a fellow servant; and she said, yes; and my mistress asked her where they were pawned; and she mentioned the names of the pawnbrokers; and we went there, but the things were not there.

JOHN CAHUAC sworn.

I am servant to Mr. Woodin, of Drury-lane, pawnbroker; I produce the muslin apron, which I took in of the prisoner the 2d of August last.

(Deposed to.)

PRISONER's DEFENCE.

I did not pawn the gown or coat myself, but a person took it for me; I did not know where to find him.

GUILTY .

Fined one shilling and imprisoned one month .

Tried by the second Middlesex Jury before the Lord CHIEF BARON.

Reference Number: t17900915-50

640. ELIZABETH KELLY was indicted for stealing, on the 26th of June last, six china basons, value 6 s. and one tea pot, value 1 s. two cups and saucers, value 1 s. the property of John Cropp .

LUCY CROPP sworn.

I am wife of John Cropp. The prisoner took my property while I lay in; the prisoner lodged in my house: the things in the indictment were found at the pawnbroker's.

JOHN CAHUAC sworn.

(Produced the things, which were deposed to, which were taken in of the prisoner at four different times.)

Prisoner. I never stole them, I carried them to pawn for the nurse, and the ticket is in her name; I was committed for an assault on the prosecutrix, and she has taken this opportunity to find this bill against me.

Prosecutrix. I never said a mouth full of ill against her in my life: I treated her at the time, she drank to her own destruction.

GUILTY .

Imprisoned twelve months , and fined 1 s.

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

Reference Number: t17900915-51

641. MARTHA JONES was indicted for burglariously and feloniously breaking and entering the dwelling-house of Thomas Smith and John Knowles , about the hour of twelve in the night, on the first day of July last, and burglariously stealing therein two printed callico muslin gowns, value 20 s. two muslin aprons, value 5 s. one stuff petticoat, value 4 s. one linen cloth apron, value 1 s. two dimity petticoats, value 1 s. one linen shift, value 1 s. one muslin neck handkerchief, value 1 s. the property of Mary Smith , spinster : nine guineas, one half guinea, and twenty shillings, and six-pence, in monies numbered, and one canvas purse, value 1 d. the property of the said Thomas Smith and John Knowles .

THOMAS SMITH sworn.

I am in partnership with John Knowles ; we are brandy and wine merchants , in Bishopsgate-street . The prisoner came into my service on the 22d of May. My partner lives next door to me; there are two distinct houses, but they are supported out of the joint stock; the house-keeping and maid servants are distinct, and the occupation also. The prisoner staid with me till the first of July: on the first of July, in the night, or morning of the second, she was gone; when I came down stairs the porters, who sleep in the garret, were in the shop; they said, they had lost their money: the prisoner's bed was made, and one fold of the window shutter in the front room was open, and one window shutter in the kitchen was open, for the purpose of letting in light I suppose: my sister missed the things in the indictment belonging to her; the money was the property of my partner

and myself, what the men had collected for small bills the day before: some wearing apparel of my sister's was found on the prisoner when she was taken.

MARY SMITH sworn.

I am sister to the last witness. I left home the evening of the night when the girl went away; I returned in a month; I missed two muslin aprons, an Irish cloth apron, a stuff petticoat, a pair of pockets, a muslin handkerchief, and a cloth shift; I saw her when she was taken, and she had my stuff petticoat and Irish cloth apron on her: the shift was found at the pawnbroker's by a duplicate she had in her pocket.

(The things deposed to.)

Prisoner. I wish to have the porters examined separate.

GEORGE YEOMANS sworn.

I am a porter belonging to this house; I lodged in the garret; my fellow-servant, William Thomas , lodged with me; I was at home that night; we went to bed at half past ten; I had three guineas, and five or six shillings in silver; the gold was my master's, that I had received that day; I awaked about half past six; my fellow servant was down first; he had been at the door; he asked for the girl; I had not seen her; he said the door was on the latch; I missed the three guineas and the silver; I apprehended this young woman afterwards; I never found the money, or any thing; I found the prisoner in Lincoln's-Inn, about five or six weeks after; my fellow servant went to bed last; my breeches were by my bed-side; my door was not locked, but on a spring bolt, and the key on the outside.

WILLIAM THOMAS sworn.

I am a porter at this house; I slept in the garret with the last witness; I went to bed at half past ten; I fastened the door; a spring lock, and the key the outside; I got up about half past six; I went to the street door first; the chain was undone; the door unbolted, and the lock put back, and the door was on the latch; the prisoner was a servant; she was gone; after a little while I missed my money, six guineas and a half in gold, and thirteen shillings in silver, of my masters, Messrs. Smith and Knowles, and some silver and halfpence of my own; I understood my master was the last person up.

Smith. I came in about half after eleven, and the prisoner let me in; I fastened the door myself; all was safe, and also the windows, which I found open in the morning.

WILLIAM TOOLEY sworn.

The prisoner brought a shift to pledge, the 23d of July, for 1 s. 3 d. at No. 15, Ayre-street, Leather-lane.

(Produced and deposed to by Miss Smith, by the mending.)

THOMAS SAPWELL sworn.

I am the officer; I took the prisoner with a petticoat and apron on, and this duplicate of the shift in her pocket.

Mr. Garrow, Prisoner's Counsel. I submit to your Lordship, on this indictment, the prisoner is entitled to be acquitted as to the capital part of the charge; it is proved to be the single dwelling-house of Smith, the witness; there is no communication between the houses, though the funds of the partnership may contribute to both the houses.

The Court granted the objection.

PRISONER's DEFENCE.

The things I bought and paid for; the reason I left my master's service, was, there was no woman in the house but myself, and the two men were always taking great liberties with me, and I did not like to stay any longer.

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

GUILTY .

Not of the burglary.

Transported seven years .

Tried by the London Jury before the Lord CHIEF BARON.

Reference Number: t17900915-52

642. ROBERT ANDREWS was indicted for stealing, on the 23d of August , a woollen cloth box coat, value 15 s. the property of Samuel Tucker .

SAMUEL TUCKER sworn.

I lost a large box blue coat, on the 23d of August; I am a coachman at times; I lent it to my brother in the morning, and he lost it.

JAMES WELLS sworn.

I lost the coat out of the basket of the coach, the 23d of August.

JAMES WOODMAN sworn.

I took the prisoner into custody.

(The coat produced and deposed to.)

Wells. A young man came and asked me, if I had not lost a great coat; I looked, and it was gone; I went into Little-Britain with two of my fellow-servants, and at the end of Butcherhall-lane, I saw the prisoner wrapped in a great coat; he said a man gave it him; he did not know who it was; I told him to come with me, and I would find-an owner to the coat; I gave him to the constable; this is the coat.

PRISONER's DEFENCE.

I found the coat; I am a printer.

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

NOT GUILTY .

Tried by the London Jury before the Lord Chief BARON.

Reference Number: t17900915-53

643. JOHN SMITH was indicted for stealing, on the 15th of July last, two pair of linen sheets, value 10 s. the property of John Tranfield ; a cloth great coat, value 10 s. a waistcoat, value 1 s. a pair of breeches, value 1 s. an handkerchief, value 6 d. the property of John Sutton ; and a pair of cotton stockings, value 1 s. and a muslin neckcloth, value 1 s. the property of Samuel Fox .

LUCY TRANFIELD sworn.

I am wife to the prosecutor, John Tranfield ; on the 15th of July last, we lost two pair of sheets; I was sitting in my bar; we keep a publick-house ; he was turning the stairs; I ran after a young man, and told him to run after him; the prisoner had a bundle before him; he was taken; I did not see him taken; it was between nine and ten at night; there was a great coat, and waistcoat and breeches, and silk handkerchief, belonging to Mr. Sutton; the sheets belonged to us; the great coat lay by the bed-side; the sheets were in the same room, the two pair of stairs; I gave them to the watchman, Samuel Dean .

SAMUEL DEAN sworn.

I received these things in Mrs. Tranfield's house; the prisoner was in custody; I have kept them ever since.

JOHN HOPKINS sworn.

I was sitting at the door, about a quarter after nine, and I saw this prisoner turn the corner with a bundle of things under his arm; I lost sight of him; Mrs. Tranfield lives in Piccadilly, four hundred yards from Hyde-park-corner; I caught him in the middle of the road, near Hyde-park-corner; he had that bundle of clothes.

JOHN SUTTON sworn.

I was a lodger at this house; these things belong to me. (Deposes to them.)

(The sheets deposed to by Mrs. Tranfield.)

PRISONER's DEFENCE.

I know nothing of it.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17900915-54

644. WILLIAM DALEY was indicted for stealing, on the first of August last, one silver watch, value 20 s. a watch

string, value 1 d. a stone seal, set in base metal, value 6 d. a base metal watch key, value 1 d. the property of James Taylor .

(The witnesses examined separate.)

JAMES TAYLOR sworn.

I am a journeyman printer ; I lost a silver watch and string, seal, and key; I cannot tell how it was taken; on the last day of July, Saturday, I recollect to have had it; I spent my evening in Drury-lane, at the Hermitage; I had it on Sunday morning, between twelve and one; I did not leave that house till about three; the prisoner was not in the company.

Mr. Knowlys, Prisoner's Counsel. You really was in such a state of compleat intoxication, you do not know how you lost it? - I do not; I have seen my watch since at Guildhall, the day after, on Monday, the 2d of August, about ten, in the hands of Mr. Hillear, belonging to the Poultry Compter; I do not know the number, or maker; but the outside case is carved round the edges; a silver watch; no other particular mark.

JOHN WRIGHT sworn.

I am a labouring man; I was in St. George's Hospital, about nine weeks ago, and came out to get a clean shirt; about seven, I saw two or three people at the end of the court in Butcher-row, and Mr. Taylor, the prosecutor, was laying on the ground, and the prisoner was laying on him, beating of him; I said, it was a shame, and I pulled the prisoner from Mr. Taylor; the prisoner said, he was his first cousin; as he was draging him along, Mr. Taylor's watch fell out of his pocket; then Mr. Taylor tried to get his watch, though he was drunk, and he stooped to take up his watch, and laid hold of the string, and the prisoner snatched at it, and took it and clapped it into his waistcoat pocket; says I, it may be your cousin, give him his watch, take a coach, and take care of him; he would not have a coach; they then went along, and he brought him back to the passage where I first saw them; he left Mr. Taylor, and went on to Fleet-street; I pursued him, and brought him back; he would have given the watch to me, I took him into custody, and brought him to the Poultry Compter, and put him to bed; I went there in the morning, and found him there; I delivered the watch and half-a-guinea to Mr. Hillear, and the two shillings I paid for a coach; Mr. Hillear is ill, but Joseph Leicester attends for him; he was present.

Upon your oath, the watch fell out by mere accident? - It fell out by their wrangling; there were more people by.

Then this man took the watch, and put it into his pocket, in the presence of three or four people? - Yes.

What are you? - A porter, and have been for years, which has hurt me much.

Where do you live? - At No. 12, Lamb-alley, Bishopsgate-street, and have near a twelvemonth.

Have you ever been in any trouble? - How do you mean? I never robbed any body in my life.

Have you ever been accused? - Accused! I do not know what you mean.

Have you never been charged? - Charged! what for a robbery?

Have you never been charged with one? - Let us see; I kept a shop about two years ago; then there was a change about some lead that was brought into my place, in Grey-eagle-street; I was taken up on suspicion; the people that brought in the goods are convicted; I was tried and acquitted; I was an evidence them, but never since.

JOSEPH LESTER sworn.

The watch was delivered to me by Wright; I delivered it to Mr. Hillear afterwards; he had it in his custody; Wright was not present; this is the same watch I gave to Hillear; he gave it me this afternoon, about six, being very ill.

(Produced.)

Wright. This is the watch.

Lester. We put Taylor to bed; he was very bloody, indeed.

Taylor. It is mine.

PRISONER's DEFENCE.

We were both very much in liquor, and we fell out, and his watch fell out of his pocket; I took it up, and gave it to Mr. Taylor.

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

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17900915-55

645. HENRY WILSON was indicted for stealing, on the 10th of September last, two pair of silver shoe buckles, value 15 s. two pair of silver knee buckles, value 3 s. twenty-four ivory handled table knives, value 2 s. two lancet cases, value 5 s. eleven silver probes, value 3 s. two silver directors, value 1 s. three silver catheters, value 3 s. six plated table spoons, value 2 s. nine pair of steel scissars, value 1 s. two spring key instruments, value 2 s. the property of Lancelot Palmer .

WILLIAM COMPTON sworn.

I am a servant to Mr. Lancelot Palmer; he sells all kinds of surgeons' instruments, and hardware ; I am employed turning a wheel for him; I saw the prisoner come down into my master's lower shop, rather before eight in the morning, on Friday, the 2d of September, and he brought down a box of knives and forks, covered over with white paper, and tied with a string; I saw him cut the string, and take the wrapper off the box, and throw the paper among some waste paper; I saw they were green ivory handled knives and forks; the forks were three bladed; he put the box on one side, among some other empty boxes; I suspected him; he laid them on the table, about two yards from me; then he went into the upper shop, and he came to me, and sent me to the other shop, to fetch a screw-driver; I brought it back, and saw the knives and forks were gone off the table; I informed my master, and we found the knives and forks at the Red Lion, in Fenchurch-street; I shewed them to my master, and brought them back; soon after he came back, and asked for the parcel; I stopped him; he said, he was going to shew them to a customer; he was taken before the Lord Mayor, and searched; and three duplicates were found in his pocket by the constable, Zachariah Holmes; here are several pawnbrokers with property.

CAROLINE FARNLEY sworn.

I keep the Red Lion; the prisoner was at my house the morning mentioned by the last witness, about eight, and desired to leave a box in the bar; he came again, and claimed it.

ZACHARIAH HOLMES sworn.

I produce the knives and forks, in a box, which was delivered to me by Mr. Palmer; I also found three duplicates on the prisoner, which I returned to the pawnbrokers, and they gave me these things; I produce a pair of silver shoe buckles, three silver catheters, and a silver knee buckle.

MOSES MEARS sworn.

I am servant to Mr. John Howard ; I have known the prisoner two years; he pawned these silver shoe buckles with me.

JOHN GRASSE sworn.

I am a pawnbroker in Tooley-street; on the 13th, he pawned two silver catheters, and a pair of knee buckles, for half a guinea; he said, he was the maker.

Powell. I can depose to these buckles; they were left at the shop, by a gentleman who bought them, to be repaired; we missed such articles; but I cannot swear to them; nor I could not say I missed them.

JOHN MURRAY sworn.

I am a pawnbroker; on the 17th of June I took of the prisoner seven knives and forks; and, on the 21st of July, some more; they were green handled.

Powell. I believe the case is my master's property.

MARY WATKINS sworn.

I am servant to Mr. John Proudley , a pawnbroker; I know the prisoner; I have seen him more than once; on the 17th of June the prisoner pawned ten pair of scissars with me; Mr. Lawrence has them; I believe them to be the same.

Powell. I cannot swear to them, but I believe they are my master's; I know there are some missing of the same kind.

JOHN FLETCHER sworn.

About a month ago I left these buckles at Mr. Palmer's, the prosecutor's, to be repaired, and these are them.

PRISONER's DEFENCE.

I never had any intention of defrauding Mr. Palmer of those articles, or any other person; when I first came to him, he engaged to give me a premium of twenty guineas; but, instead of that, he has asserted that he gave me five; but he never did; for there were two weeks wages deducted; so that I received little more than three; and there are several articles that are not Mr. Palmer's property.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17900915-56

646. MARY ROSSITER was indicted for stealing, on the 26th of March last, one silver table spoon, value 10 s. two pair of silk stockings, value 6 s. and a cotton dressing gown, value 3 s. the property of John Mountain .

Mrs. MOUNTAIN sworn.

I am a performer at Covent-Garden Theatre ; I know the prisoner; she attended in the room where I dressed; I cannot ascertain the things I lost; I missed a great many things from the Theatre.

- DOZELL sworn.

I live in Great Wild-street, with Mr. Collins, a pawnbroker; these things were pledged by the prisoner, a table spoon, the 1st of February.

Mrs. Mountain. I missed the spoon a great while ago; and the other things are mine; I did not mean to prosecute the woman; I never heard any thing amiss of her before; I have trusted her much.

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

GUILTY .

Fined one shilling , and imprisoned twelve months in Newgate .

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

Reference Number: t17900915-57

647. GABRIEL GINNERY was indicted for stealing, on the 29th of August last, five pounds weight of lamb, value 12 d. eight pigeons, value 2 s. and an iron hook, value 1 d. the property of Thomas Wheeler .

The prisoner was taken by the constable, with the things upon him.

GUILTY .

To be whipped .

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

Reference Number: t17900915-58

648. WILLIAM SMITH was indicted for stealing, on the 17th of August last, twelve tame pigeons, value 18 s. the property of John Thomas Liddiard .

JOHN THOMAS LIDDIARD sworn.

I live at Hackney; I lost these tame pigeons from Kingsland ; they were in a pigeon-house; on the 17th of August the pigeons were all safe, and the next morning,

when I got up, they were all gone; there was a rafter put across the wall; the next morning I saw two of my pigeons at Mr. Kemps, in Brick-lane, and eight at Mr. Merryman's.

- KEMP sworn.

To the best of my knowledge, the prisoner is the man I bought them of; I thought I knew him; I paid thirteen-pence for two; I have some slight knowledge of the prisoner; he is the man to the best of my knowledge; the witness Liddiard never saw but one of his pigeons at my house; he took that one, which I believe was his, from the basket; he might see a hundred pigeons at my house, all alive; we have four hundred, I suppose at this time, in the house.

Liddiard. I saw one pigeon in a basket; I picked it out; that had a mark, the other had not; I cut one of the nails off.

JOHN MERRYMAN sworn.

I am a live poulterer in Brick-lane; the prisoner, on the 18th of August, brought me eight pigeons; I bought them in two lots, for five shillings and two-pence: then a man came, and owned them; I believe I have seen him before; I had a slight knowledge of him; he was the man that brought them; the prosecutor came to my house, and picked out these out of a number of others; he said, they where his; he did not say why; he said, he had lost another; I said, if you look in that place, I believe that is the other, and he said, yes, it was; it is a very hard matter to swear to pigeons, without there is a nail off; one of these pigeons that is in the basket was with another, and I took them down to Mr. Kemp, and he chose the wrong from the right, and the prosecutor mistook one yesterday.

Prisoner to prosecutor. How did you come by the pigeon that you cut the nail off? - I bought it of Mr. Kemp, about two years ago.

Prisoner. I bred that pigeon two years ago, and better; I sold that pigeon a dozen times, and it has come home to me.

SOLOMON SHEPHERD sworn.

I am a headborough; I apprehended the prisoner, on Thursday, the 19th of August; the prisoner said, I hope you will speak to the prosecutor as well as you can; I said, I would speak to him; I asked him what became of the rest of the pigeons; he said, he had only these thirteen pigeons; the gentleman declared then that he had fifteen; I understood him fifteen; I am not positive either fifteen or fourteen; but I am pretty sure he said about thirteen; and if the prosecutor would let him go, he would be bound to fetch the other three; but he would suffer death if he would otherwise.

PRISONER's DEFENCE.

On Wednesday morning my wife was taken very ill; she was with child; I wanted to make a little money; I sold some pigeons; I went to work; in the evening, when I came home, they said Mr. Merryman and a constable had been at my house two or three times, enquiring for me; I said, if he wanted me, he must come to me in the morning; I went and fetched some peppermint for my wife; I came home again, and cut my allowance of victuals, and went to go to work, and this constable took me.

JOHN BRADSHAW sworn.

I am a school-master in Spital-fields; a house-keeper; I have known him about two months; he is a married man; he is a cooper; he rented a house of me: he behaved as a very honest man to me, and I believe him to be such.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17900915-59

649. THOMAS DAVIS was indicted for stealing, on the 5th of August last, a watch, with the inside case made of metal, and gilt with gold, value 1 l. 11 s. 6 d. and various other things , the property of Edward Snape .

EDWARD SNAPE sworn.

The prisoner was a servant in the house: he left the house the day of the robbery: and some things were missing.

CATHERINE SNAPE sworn.

On Thursday, the 5th of August, I missed my watch: the outside case was never out of my hands.

SOPHIA FONLEROY SNAPE sworn.

I gave information of the watch being gone: it has since been found: two of the boxes had the hasp in the lock, and the things mentioned in this indictment were missing: I never saw any of them since, but a pair of silk stockings and a watch, in the hands of James Weston , the constable.

JAMES WESTON sworn.

On Sunday morning, the 8th of August, I apprehended the prisoner: I asked him if he had not got a watch to sell: I saw him at a public-house, in Speenham-land, near Newbury, Berks: he offered to sell it for half-a-guinea I asked him how he came by it: he said very honestly, and had sold the outside case, being drove to distress: he said it was metal, and he had sold it for twelve shillings: I said he must be mistaken: he said he gave a guinea and a half for the watch.

(The watch deposed to: valued at one guinea and a half.)

Prisoner. I leave it to the mercy of the Court.

GUILTY. Value 1 l. 11 s. 6 d.

Transported seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17900915-60

650. SUSANNAH CORBETT was indicted for stealing, on the 28th of August last, one cloth coat, value 20 s. one waistcoat, made of silk and cotton, value 5 s. one pair of nankeen breeches, value 5 s. and one silver stock buckle, value 5 s. the property of John Wishart .

JOHN WISHART sworn.

I lodge in St. Martin's-le-grand: I lost the things in the indictment from the lodgings of the prisoner: I had been out with some friends: I went home with the prisoner between twelve and one at night: I think I met her at Cripplegate: I was not sober: I was locked out: I had been at home, and could not get in: the prisoner said, she had a room to herself: I went there; a young woman brought in some liquor: I went to bed, and fell asleep: I awaked, and found myself alone, and my clothes gone: I think the girl did not go to bed: it was about two o'clock when I got out of the house, and got to the watch-house, in Bunhill-row: I saw the prisoner about twelve, next day, at Guildhall: I knew her perfectly well: I saw my things before the sitting Alderman.

JOHN KING sworn.

About ten minutes before four o'clock, in the morning of the 28th of August, the prisoner came across Barbican, and asked John Newman for something to drink: there was something pinned all round her clothes: she said they were clothes belonging to her husband: we searched her, and found a coat, waistcoat, and breeches: and we found where she lived, and we went to the room and found a stock, without a stock buckle: I found the prosecutor that morning, wrapped up in a watchman's great coat: he was in Grubb-street: he described his loss: it was about half past four.

WILLIAM NEGUS sworn.

I am a patrole; I met this woman coming towards the watch-house: she appeared very bulky, and we took her to the watch-house, and the things were then taken from her: in about a quarter of an hour I saw the prosecutor in St. Luke's watch-house, in a watchman's great coat, and a pair of drawers.

(The clothes deposed to.)

King. She said at first that she lived in Aldersgate-street.

PRISONER's DEFENCE.

I went to get something to drink, and took the clothes with me because it was not a safe place.

GUILTY .

Imprisoned three months , and fined one shilling .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17900915-61

651. MARY DORAN was indicted for setting fire to the house of Daniel Maltus , on the 3d of August last.

There were several other counts laying it in different ways.

Mr. Garrow, Counsel for the Prosecution, informed the Court, that, after a very accurate attention, he found he could not support the present indictment, and that there was another indictment presented, and found for a misdemeanor.

Lord Chief Baron. I must take notice of a circumstance which has now twice occurred in the course of this sessions, that is, of indictments being preferred at the same time for a capital offence and for a misdemeanor; I do not think it is a proper course; I think it may produce many inconveniences; I think the capital case should always be entirely disposed of, and that the question, whether a conviction should be founded afterwards for a misdemeanor, should depend a great deal on the sense and judgment of the court; but to have them both found at the same time is abominable; the jury cannot with propriety find two at the same time, and I desire that the officer will understand, that as far as my judgment goes, bills for capital offences, and for misdemeanors, on the same case, should not be prepared at the same time; and I desire notice may be sent to Hicks's Hall, that the Court has taken notice of such practice.

Mr. Justice Grose. They never can be properly found to be sure.

NOT GUILTY .

Tried by the second Middlesex Jury before the Lord CHIEF BARON.

Reference Number: t17900915-62

652. JOHN BAINES was indicted for feloniously assaulting Henry Burbridge , on the king's highway, on the 6th of September last, putting him in fear and danger of his life, and feloniously taking from his person and against his will one watch, inside and outside case made of silver, value 4 l. one brass watch chain, value 6 d. a key, value 1 d. his property .

(The witnesses examined separate.)

HENRY BURBRIDGE sworn.

I was robbed crossing the middle of Smithfield , between four and five in the afternoon: the prisoner and two more came up against me and my wife very resolutely; two of them were sideways and one in the front; this was during Bartholomew-fair: there were a great number of people close to us: they forced me against the mob: John Baines was in the front of me, the other two were at my right arm, on the side of me, forcing me into the mob, that I could not stir, and they even heaved me off the ground, till they got my watch; when the prisoner was taking my watch my wife screamed, and said, Henry, this villain is taking your watch; with that I looked down, and saw the watch in his hand; I saw the prisoner take it out of my pocket; it was gone directly; I held him, and my wife held him for a considerable time by the collar, and called for a constable; a number of people came that I thought were my friends, and they took him away by main force, and said they would have him pressed; he attempted to get away, and stabbed me in the hand with something, and my wife was stabbed in

three places in her arm; I saw him stab myself: a tradesman told me his name: I looked for him, and found him in the fair the next day, near Bartholomew gate, about one hundred yards from the place where he robbed site; I knew the prisoner again by his features, though he was dressed different: he fell down; he would not walk, and we carried him; John Hilliar , the constable, took him to the New Compter: we did not examine him: the second day when he was taken he bit one of the men through the hand; I observed him half an hour; he was with me ten minutes, and I observed him for twenty minutes before; I cannot say what hat he had, but I saw it knocked off, and to my best remembrance it was a round hat, but I will not be certain; he had a light coloured coat the first day, and I think, a black waistcoat, and drab coloured corderoy breeches: the second day he had a black coat, and waistcoat, and corderoy breeches, of the same colour, and a round hat.

Had you such observation of him to say that you can safely and positively swear to him? - Yes; I am positive that is the man that robbed me.

Was you positive of that the next day? - Yes; I knew his features.

Prisoner's Counsel. You was going to Bartholomew fair? - No, Sir; I was going to Foster-lane; we are strangers in London: I never was at Bartholomew fair: we have been eighteen months in London.

You are not accustomed to such a crowd? - I have been used to crowds: I came from Worcester.

In what part of the fair did you miss your watch? - I did not miss my watch till I saw the prisoner take it; I had no suspicion of the watch being taken till I saw it go.

There was no violence about that part of your person where the watch was that led you to suspect it was going? - I did not suspect it was going till I saw it.

How long had you been in the fair before the watch was taken away? - Near half an hour: I came up Cow-lane, from Holborn.

The fair was very full, I suppose? - There was nobody pushing about but them; I bid them go, and they would not.

Was the pushing violent or not? - He forced very much against me in the front.

Were there not many people behind him? - I was behind him: my watch was very tight in; the pocket was torn out in taking out my watch.

Have you never said that they were two soldiers that committed the robbery? - No, never.

Nor your wife in your hearing? - No.

ELIZABETH BURBRIDGE sworn.

I am wife of the last witness; my husband had some business in Cow-lane, and I had a mistress in Foster-lane: my husband and me went through the fair on account of buying some toys; we were in the middle of the fair, and there was a mob of people came round us, and three in particular attacked us; they came up to my husband, and pushed him one way and me the other, and I said to my husband, for God's sake take care of that man, for he is robbing you; that was the prisoner, though in a different dress; but his features are very remarkable; he took my husband and hove him up by the hips, and the other hove him by the arms; he had hold of his breeches and waistcoat at the same time he pulled out the watch (that said gentleman) and my husband, and me, both flew at him, and we called for assistance; I saw the watch in his hand, and likewise a piece of my husband's pocket; he pulled something out of his waistcoat pocket, and stabbed my husband three times, and me in my arm; we held him; my husband's hat was pulled off his head; and he let him go, and catched him again: I was kicked down into the kennel, and my cloak torn from my back, and my handkerchief; I scrabbled at the cloak, and some men came to our assistance, pretending they would take care of them; two of them had soldiers coats; I saw them men come up afterwards; they pretended

to take care of him; and we saw them take him some way.

Before the prisoner laid hold of your husband had you made any observation of him? - Before they came to my husband I saw three of them playing; the prisoner was one; I saw him half an hour before he robbed us, and about us; I saw him in the whole for three quarters of an hour.

When you first observed the prisoner had he a hat on? - He had; but when they took him away he had not.

Was it a round or a cocked hat? - A round hat, bound particularly about the brim.

Are you sure that the prisoner is positively the man? - I should not swear positively if I had not held him so long a time; I looked so much at him, and begged him for mercy's sake to give me the watch again: I saw the prisoner since at Guildhall: he was in a different dress, the next day but one: I went with my husband, and we met him as he came out of the Compter; he was handcuffed: I saw nobody but him: the first day he had a light coloured coat, and the morning, at the Compter, he had an old black coat, and much disguised; but his features are so remarkable, I knew him again.

Prisoner's Counsel. I suppose his features are the most remarkable you ever saw? - He was remarkable to me; I should know him in twenty different dresses: I know him perfectly well: the two men lifted him up under each arm, and the prisoner was in front: the watch has never been found again.

Had you ever been in that fair before? - No; I never gave my mind to such places.

Before you went to the magistrates your husband had told you he had taken the man that robbed him? - Yes; or else we had no business to go.

Court. Do you mean that the prisoner standing in front, and one of the men lifted him under each arm, or that the two men lifted him? - The prisoner was too busy at work in robbing my husband of his watch: the prisoner at the time he took the watch heaved up my husband by the waistband, and the other two men lifted him under the arms.

JAMES DAVIS sworn.

I am a calenderer, in Bedford-street: I was in the fair at the time; I saw the prosecutor have hold of the prisoner; and I heard him say, you villain, you have my watch, and the prosecutor hauled him along for half a dozen yards, or better: he was rescued away: I stood back: I did not see the watch; I saw the prisoner to the best of my knowledge, the value of three minutes; he had a light coloured coat and corderoy breeches, to the best of my knowledge: I am sure he is the man; I know him very well; I knew his person before; I have been in his company once or twice: the prosecutor was wounded in his hand in two places, and Mrs. Burbridge in her arm: I took the prisoner the next day in the fair; I first saw him then, and told the prosecutor he was the man; and the prosecutor laid hold of him; he did not doubt about him: the prisoner fell down immediately.

Prisoner's Counsel. How long have you been a calenderer? - Five years; I was a gentleman's servant before.

Have you never been in trouble on any occasion? - Yes, Sir.

Taken up for any thing? - No, Sir; it was a quarrel with the Duke of Leed's servant.

It was not a charge of assault, for an intent to rob? - No; only for fighting.

Then you never was in trouble, was you? - I was arrested for ten pounds once.

You never was charged before any magistrate? - Never.

JOHN HILLIAR sworn.

I am a peace officer: I took the prisoner into custody.

PRISONER's DEFENCE.

I was passing through the fair on Monday, about four in the afternoon; the concourse of people was numberless: I had

my stick in one hand, and my handkerchief in the other, for fear of losting it; I was pushed nearly under a carriage; the prosecutor caught hold of me, and said I had his watch; he held me fast; the men says, hold him! hold him! I said I was willing; he tore my coat right open; they searched all my pockets, and no watch was found; the mob insisted on his letting me go; and I walked away; I staid in the fair an hour or two; the next day the man caught hold of me, and said, you are the rascal that has got my watch, value 4 l. and I will do for you, and get forty pounds, and that will buy me another.

Court. On the oath you have taken, was this man examined at all the first time? - No, my lord, no further than I clapped my hand on his thigh when I took him.

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

GUILTY of stealing, but not of the highway robbery .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17900915-63

653. MARY FARRELL was indicted for feloniously assaulting Thomas Brown , on the king's highway, on the 17th of August last, and putting him in fear, and feloniously taking from his person, and against his will, a silver watch, value 40 s. a silver seal, value 2 s. a steel chain, value 4 d. a key, value 1 d. and two shillings, his property .

THOMAS BROWN sworn.

I came up Witchcombe-street, which was called Hedge-lane : I stopped with the carriage to have something to drink, at the end of the court: I drive Mr. Boswell of Dean-street: it was Tuesday, the 17th of August: I went into the court and had a glass of gin; and while I was in the court, the prisoner came up to me: I strove to keep her back; there was one of each side of her: I could not keep her off for the life of me; and the prisoner took my watch out of my pocket: neither of the other women touched me: but as soon as I found my watch was gone, I said to the prisoner, you have got my watch: then I was knocked down backwards directly: I fell down: here is the blood on my hat now, through the fall against the wall: it was the prisoner that knocked me down: I saw her: she had nothing in her hand: I lost nothing but the watch: I had been to Bromley: I was perfectly sober: I might drink part of two pints of beer: I found my watch next morning at the pawnbroker's in Penton-street: I never saw the prisoner before the robbery: I was in no house with her: I was afraid of breeding any disturbance that night, for fear of losing my chariot and horses: the prisoner ran away directly: there was no other people there but these unfortunate people.

JOHN JUPP sworn.

I live at Mr. Turner's, a pawnbroker, in Penton-street. This watch was brought to our house to pawn, by a woman of the name of Williams, not the prisoner. Mrs. Williams said she brought it from a coachman that was waiting in Hedge-lane: my master took it in: she put it in the name of Thomas Jones , sent by Ann Williams : it was the 17th of August, about six; our street goes into Hedge-lane: I never saw Ann Williams since: she said she lived in Prince's-court: we knew her before: she cannot be found now: I have known the prisoner above a year: I know nothing dishonest of her.

(The watch produced and deposed to, No. 3066, and T. B. upon it.)

CHARLES ELLIOTT sworn.

I apprehended the prisoner: a woman said her mistress was out: but I went up stairs and found the prisoner on the bed: she pretended to be asleep: then she opened

her eyes, and knowing me, said, damn my eyes, now I am boned: I took the prosecutor with me, and left him below; and as soon as the prosecutor saw her, he said she was the woman.

Prisoner. I never said I was baned; I said, now I must get up.

PRISONER's DEFENCE.

My lord, I was out; and when I came home, the woman that takes care of the house, said to me, Polly, here has been sad work, Nan Williams has robbed a man of his watch, and has ran away: I went to bed, and the next morning the pawnbroker's boy and the constable came; and the boy said it was not me.

Court to Prosecutor. When this woman came up to you, what did she say to you? - She said, my dear, how do you do? and fell a bugging me; and in three minutes she took and robbed me: she snatched out my watch: I endeavoured to prevent her; and then she knocked me backwards: I tried to push her from me, to guard myself: they had got the watch before the blow was struck.

Prisoner to Brown. Did you see me at the pawnbrokers? - Not to my knowledge.

Jupp. They were both at the door together: I think he must have seen the woman.

Brown. I was not at the pawnbroker's at that time: I was there about eight or nine in the morning: I did not notice any woman at the door.

Jupp. The constable was not there till night; the prosecutor was there with another constable in the morning, and with this constable at night.

Court to Prosecutor. What do you say to that? - I was there never but once, till the day before yesterday: the first time, I was there with the man where I lodged, and the constable: I was only there at one time.

Court to Jupp. How often was the coachman there? - I believe he was there twice.

Are you sure of it? - Yes: he was there twice: first of all he came there with some of Mr. Hyde's officers, from St. Martin's-street, about the watch: he came to my master, and begged leave to look at the watch, upon which he took the watch (that officer is not here) and put it into his pocket: says he, this is my property: my master asked him what he meant to do with it? and he said, to keep it: so my master sent me immediately to Mr. Hyde's, and one of Mr. Hyde's runners went along with me to this court to see for Ann Williams , and we could not find her: then we came back and found the coachman; and he went back with me to our house, and gave my master the watch: him or the runner, I am not sure which, gave my master the watch: he came with Mr. Elliott at night.

Elliott. Brown never went with me; I went by myself.

Court to Brown. Did you ever go with Elliott to the pawnbroker? - Only once in the morning part; that was between eight and nine in the morning of the 19th.

Court to Jupp. How is that? - I do not know rightly whether the man did come in the night or in the morning.

But are you sure whether Brown was there once or twice? - He was there with the runners, on the 18th, in the morning, between eight and nine; and he was there on the 19th, in the evening.

Was he at your house once or twice? - Twice; I think he was with Elliott on the 19th; and he was there without Elliott.

Jury. What kind of a woman was Williams? - Rather a broad faced woman.

Was she such a sort of a woman as this? - A middling sized woman.

The jury retired for ten minutes, and returned with a verdict,

GUILTY of stealing only .

Fined 1 s. and imprisoned twelve months .

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

Reference Number: t17900915-64

654. PHILIP MATSELL was indicted for stealing, on the 13th of September , twenty-five pieces of silk and woollen cloth, value 30 l. the property of John Baster , privily in his shop .

JOHN BASTER sworn.

I live in the Strand : I am a breeches-maker ; I deal in every kind of breeches. On Monday, the 13th of September, the prisoner stole into the shop, and took the things in the indictment; I was alone in the shop; it is a shop for retailing breeches and waistcoat goods; it was about nine in the morning; I did not see the prisoner come in; but his going out occasioned some noise, and I turned round and saw the prisoner in the shop with a bundle under his arm; I immediately ran to secure my property, and overtook him just as he got out of the door; I ran to seize him; the prisoner dropped the bundle, and asked his way to Fetter-lane; that was after he had dropped the bundle; I immediately seized him, and told him I would shew him the way to Newgate; the shop is one hundred yards deep; I was within two folding doors, with glass, so that the prisoner saw nobody; (the goods produced and deposed to): the goods were at the farther end of the counter, near the glass doors, about twenty-five feet; when I first saw him, he was eighteen feet within the shop; I know these same goods to have been in my shop; they never were out of my shop; I missed them from the end of the counter, where they had been just before.

WILLIAM FLETCHER sworn.

On the 13th of this month, very near nine, I was at work in the back part of this shop, beyond the glass doors: Mr. Baster called to me several times; I ran to his assistance, and secured the prisoner, while he got a constable; the prisoner offered me half a crown and a shilling several times, to let him go.

PRISONER's DEFENCE.

I was coming by the shop; the door was open: I saw Mr. Baster in the shop; I went to ask him the way to Fetter-lane; that bundle lay on the ground; I took it up, and laid it on a stool some distance from the door, behind the door; I work for Mr. Barber, a toy-maker: I had not been above six months from sea.

GUILTY of stealing, but not privately .

Fined one shilling , and imprisoned twelve months in the house of correction.

Tried by the second Middlesex Jury before the Lord CHIEF BARON.

Reference Number: t17900915-65

655. ROBERT NATCOT was indicted for that he on the 27th day of July last, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, on Moses Davis , in the peace of God and our lord the king, then being, feloniously, wilfully, and of his malice aforethought, did make an assault, and with a certain iron key, which he in his right hand then and there had and held, in and upon his face, near his right eye, did strike and beat, giving him one mortal fracture on his skull, of which he languished till the 4th of August, and then died: and so the jurors on their oaths say, that he, the said Moses Davis , him, the said Robert Natcot, feloniously, wilfully, and of his aforethought, did kill and murder .

(The indictment opened by Mr. Knowlys.)

WILLIAM BLAMPIN sworn.

I was collector of the tolls at Waltham Bridge , the 27th of July. I know the prisoner; he had no employ at that time: I knew the deceased, Moses Davis . An old man came by with a basket of fruit, between four and five in the afternoon; he passed over the bridge; the toll-house is on the Middlesex side. Davis, the deceased, was going into Surry, coming towards the gate on the Middlesex side; he paid his toll; I let him through: then some words arose between the Jew and the prisoner; the prisoner was about twenty yards off the toll-gate, on the Middlesex side, in the road; the Jew was going over the bridge; I first saw the Jew and the prisoner together not many yards from the gate; the words passed about the old man with the basket; the Jew had a box at his back; then the Jew came up and paid his toll; and I let him through the gate; the prisoner walked farther back; then there were some words afterwards; the prisoner came forward to the gate in about two minutes; he took the key off, opened the gate, and went on upon the bridge; I was just turned, going in doors; the gate shuts itself with a spring: the prisoner walked up after the Jew; he he might be ten or a dozen yards off; he overtook him; I heard nothing more; I saw the prisoner strike the deceased with his hand, and the key in it: (the key produced, a large turn-lock key): he held the key with two fingers; but how the key came forward, I do not know; they were the length of this room off; I could not get through

the gate, because it had locked itself; the prisoner struck the Jew only one blow, and the Jew fell down to the ground; the prisoner ran through the gate, and walked about; he said he had knocked down the Jew; he did not say what for: I called to a man on the bridge that was fishing, to go to his assistance; the man was beyond the Jew: I went myself, and helped him up: he bled under the right eye: he was on the ground: we heaved him up; then he spoke, and said the prisoner had given him a violent blow: I knew the deceased: he was taken to the White Horse, which he used: I knew the prisoner, he was my son-in-law; I married his mother; he had been abroad, at sea; he had been in Bedlam one year, wanting two days; he got a very bad fever, and was deranged in his head, and got among the soldiers; and was sent to the Angel; he had been in Bedlam about three years ago; I was then married to his mother; I never saw him there; he was brought from the West Country, in Somersetshire; I saw the person that came up with him; I saw him as soon as he came out of Bedlam; he came down to me at Waltham Bridge; he did not stay long there; he had a violent putrid fever, and rather deranged in his mind; and got a boat, and got away without any oar or any thing; he forced himself out of a window of a room where he was confined, because he was not right in his mind: the soldiers took him up at Hampton-court; he went off to the Indies directly; I saw him once before he went; three or four days after, he got away; he had inlisted: he returned from the Indies about five weeks before this accident; he had sore legs, and was put into St. Bartholomew's Hospital; he was there not many days before he ran away and came home; that might be a week before this accident; he did not behave very well that week; he was very inveterate against his mother; he was to have gone to St. Luke's in a few days.

Mr. Garrow, Prisoner's Counsel. He was attended by Mr. Barney of Surry? - Yes.

HENRY BURRIDGE sworn.

On the 27th of July last, I was fishing on the bridge, near the centre arch; I did not see the accident; the first alarm I had, was a kind of a noise, as if a man had received a hurt; I went up to him; he lay upon the bridge; I asked him what was the matter? he made me no answer for agony; I asked him a second time, and he pointed to the prisoner, and said that man had struck him; the prisoner was ten or a dozen yards off, on the other side of the toll-gate; and the prisoner said he had killed many better men than him; and he would him; if he got at him, he would run him through with a bayonet: then I asked his father-in-law what the Jew had done to him to make him so inveterate? but he gave me no answer: I had seen the prisoner before, but had no acquaintance with him; I never observed his behaviour: Blampin wanted to get the Jew away as fast as possible: he put his box on his shoulder: the Jew let it it fall: he could not carry it; and Mr. said that young man will carry your box, meaning me: I refused at first: then I took his box on my shoulder, and assisted him; and as we were going along, he frequently cried out he was a ruined man, and had lost his eye-sight, and what would become of his wife and family: I took him to the White Heart, to Mr. Hooper's: he frequently lodged there: I saw his eye bleeding, and it seemed to be very much injured.

Mr. Garrow. How long was it before the prisoner was secured? - I cannot tell.

WILLIAM HOOPER sworn.

I keep the White-Hart at Waltham. I knew the deceased, Moses Davis : I saw him soon after he was brought into my house: I saw the eye: all the injury I saw at the time on the surface, was a little issuing of blood on the left cheek: our people were washing him: he desired to be put to bed: he bled very much: the bed was almost full of blood: I sent for a surgeon, who attended immediately: on the Friday I sent him to London by his own desire, to his family: he complained that

he could not see he had walked about the room: I saw him afterwards in London.

Mr. Garrow. I believe you have known the man at the bar for some years? - I knew him about the time he came out of Bedlam Hospital: I have always looked upon him as a man deranged in his mind: he has always had symptoms of madness: a number of people in the neighbourhood can testify it: I remember his taking boat once: he got into my Lord Tankerville's grounds, and overturned the chairs: I saw him after he returned from the Indies: I looked upon him as a madman: I heard he was to go to the hospital.

Mrs. DAVIS sworn.

I am widow of the deceased: I saw nothing of the accident; he was conveyed to my house on Friday: he said he was very ill-used by the young man of the turnpike: that he came running after him, and hit him a violent blow with the key over the eye, which knocked him down directly; and then he said the young man said he had done for the Jew: he was attended by one Mr. Vannoven: he died on the Wednesday after the Friday that he was removed.

JOSHUA VANNOVEN sworn.

I am a surgeon. I saw the deceased on Saturday morning after the accident: I found him laying on the bed in a state nearly delirious; that is to say, that he answered rationally to my questions, but occasionally at random: when I asked him any question beyond the first idea, I could get no answer: I asked him as to the accident, and he said he was struck by the man at the turnpike gate: I then examined his head; and while I was about it, he complained of great pain withinside his head: I found no fracture, but a vast deal of contusion about both eyes: the left eye particularly was very black indeed: the right eye appeared to have lost the sight: I found he could not see: I apprehended some injury to the brain: he was treated by every means that we can suggest on such occasions; and on Wednesday morning he died. On Thursday the coroner desired me to open the head: I wished them to send for another gentleman: they sent for Mr. Bliss, the surgeon of the work-house: I opened it alone: he came in at the latter end of the operation; and we found in the pasces of the scull, the bottom immediately above the orbit of the eye, a quantity of congealed blood, the consequence of his death, and the loss of sight, it must have been evidently occasioned by some external injury.

Prisoner. I have nothing at all to say.

- BARNEY sworn.

I am a surgeon, at Sudbury. I attended this man after he came from the hospital: he came to me on Sunday, the 11th of July, with a large wound in his leg; from his mode of behaviour, from his conversation, and in a word, the whole line of his conduct, it was such, that I judged him at that time, a lunatic: I continued to see him daily from that time: but the 17th, when I found there was no doing any thing with him, and that he was a dangerous man to society, I recommended him to be got into St. Luke's: and till then to be conveyed to Mr. Harrison's private mad-house: that I would fill up certificates, and get a friend in town to sign them, and to take them with him: the certificates were, that in my judgment, he was a lunatic: after that, he was a little more peaceable for a few days: his father, I understood, was out on business, and there was no conveyance for taking him: his leg got better, and he continued under my care, in order that he might be got into St. Luke's: he continued with his leg getting considerably better, till this accident happened: but I have no doubt in the world of his being a lunatic: for I had filled up the necessary certificates ten days previous to this.

Court. When was the last time that you saw him? - I saw him on the Sunday and Monday before; the day before.

You then judged him to be in the same state? - Undoubtedly; and I particularly recommended his being taken to the madhouse;

and I desired his friends to take every care of him: in his conversation he was perpetually threatening them, particularly his mother.

Court to Jury. Gentlemen, if I saw the least reason in the world to hesitate about this, I would go on: but I think it is such a clear case of lunacy, I think we may with perfect confidence rely upon it, that he was a lunatic at the time the fact was committed; if so, it is to no purpose to continue it.

The Court ordered the prisoner to be detained till an order for removing him to a proper place.

NOT GUILTY .

Tried by the second Middlesex Jury before the Lord CHIEF BARON.

Reference Number: t17900915-66

656. THOMAS EGLINGTON was indicted for stealing, on the 14th of August last, a live pig, value 12 s. the property of John Phillips .

JOHN PHILLIPS sworn.

I live at Highgate; I am a labouring man ; I lost my pig the 14th of August; I only speak to my property.

THOMAS ODOM sworn.

I was at work in Hampstead-lane, binding some hay, very near half a mile from the prosecutor's house; that was the place where the pig was killed; I heard the pig cry two or three times; and about eight or nine very heavy blows struck upon the head; the prisoner was one of the men; they came and wiped a stick like blood; the prisoner and another man came down through the gate to me; and when they saw me, they said one to another, that is not our way; and they went back again; I followed them; and when I came up, they had just got the pig out of the ditch, tied up in a blue apron; the man that I took, when he saw me, he rolled the pig into the ditch again; and seeing me come up, he sat down on the pig; I went and asked him, what they had been doing there; he said nothing; they took across the fields, and I overtook the prisoner hid in a hedge; the other man I lost; I have known the pig some time; it was a white pig, three or four months old.

STEPHEN BARNEY sworn.

I heard a noise, and saw the pig in the ditch, quite warm; I brought it about half a hundred yards, and I gave it to the headborough.

THOMAS IRVIN sworn.

I am the headborough; I helped to carry the pig; I have known the pig a long while; I took it to the magistrate's, and gave it to the prosecutor.

Prosecutor. It was my pig; I bred it: the sow was in the lane at the same time.

PRISONER's DEFENCE.

I was out of place, and heard of one at Highgate, and I met the young man that was with me, and he asked me to go with him after some pigs in Hampstead-lane: we drove the pigs down Hampstead-lane, and the pig ran, and he ran after it, and knocked it down with a stick, and put it into his apron, and asked me to carry it, and they came after us, and we ran away, and they took me.

GUILTY .

Fined one shilling , and imprisoned six months .

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

Reference Number: t17900915-67

657. MARY EVERITT was indicted for stealing, on the 4th of September , two child's cloth great coats, value 4 s. the property of Mary Cox .

MARY COX sworn.

I lost two child's cloth great coats, the 4th of September from my lodgings: I

have the care of two children; the great coats do not belong to me: they are a part of their clothes: I found them in pawn at Mr. Aldus's house: I knew the prisoner: she lodged in the same house; I cannot say how long.

JONATHAN BAKER sworn.

I am servant to Mr. Aldus, in Berwick-street; I have only one coat; on the 4th of September the prisoner brought it, about nine in the morning, and pledged it; about eleven in the same forenoon the prosecutor came to our shop.

(The coat produced, and deposed to.)

PRISONER's DEFENCE.

I am innocent; it is a publick-house.

GUILTY .

Imprisoned six months .

Tried by the second Middlesex Jury before the Lord CHIEF BARON.

Reference Number: t17900915-68

658. SUSANNAH PRICE was indicted for stealing, on the 4th of August last, a cotton shawl, value 16 d. the property of John Leddie .

JOHN LEDDIE sworn.

I live at No. 70, High-street, St. Giles's , a hardware-man ; I lost a cotton shawl on the 4th of August; I went to dinner about two; in ten minutes I was called down by the man in the shop; I came down, and missed a shawl that I had pinned to the door.

- DOGGET sworn.

On the 4th of August I was coming down Oxford-road; the prosecutor informed me; his brother described the woman, a short woman; I went into Crown-street; I saw the prisoner coming out of a pawnbroker's shop, and went into a public-house; I told the prosecutor she was gone in: she came out, and the prosecutor's brother said that was the woman; I asked her where she lived; she said she would shew me; she went to the top of Crown-street, and went into a gin shop, and endeavoured to go out at the other door; I laid hold of her, and as I was going to the justice, she tried to destroy the duplicate; I took it out of her hands; she burst into tears, and said it was the first time, and begged I would let her go; I told her I would not.

WILLIAM MORRIS sworn.

I live with my mother; she is a pawnbroker in Crown-street; I saw the prisoner on the 4th of August, about two o'clock; she pawned a shawl for nine-pence; I have it here.

(Produced.)

Dogget. I have the duplicate.

Morris. This is what I gave the prisoner.

PRISONER's DEFENCE.

I am not guilty.

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

GUILTY .

Recommended by the Jury.

Privately whipped and discharged.

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

Reference Number: t17900915-69

659. JAMES BURNHAM was indicted for stealing, on the 7th of September , a child's corduroy dress, value 7 s. the property of Peter Scott .

PETER SCOTT sworn.

Last Tuesday week I saw the prisoner, between four and five o'clock, at my stand, in Rosemary-lane ; he looked at one thing, and then at another; he came back again in half an hour, and took down a corduroy dress, and asked me the price of a pair of breeches; he went away, and a gentleman

called to me, and said this man had got something of mine: I pursued him, and caught him by the collar, twenty yards from my stall: when I laid hold of him, he dropped the corduroy dress: I have it here.

(Deposes to it.)

Prisoner. He said before the justice there were no marks. - No, I did not.

FARREN MACKONE sworn.

On the 7th of September I was in Rosemary-lane: I saw the prisoner run very fast, and Mr. Scott followed him, and caught him, and he dropped this dress at the time I went up: the dress was in the prisoner's hand, when I saw him.

PRISONER's DEFENCE.

I came through Rosemary-lane to buy a hat, and the prosecutor came up, among a crowd of people, and said, I must be the man, by the colour of my coat: Mr. Mackone knows me.

Mackone. I know nothing of his character.

GUILTY .

Imprisoned one month , and whipped .

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

Reference Number: t17900915-70

660. THOMAS SPENCELEY was indicted for stealing, on the 14th of August , one guinea, the property of John Earl of Chatham .

JOHN St . AUBYN sworn.

I am Lord Chatham's valet: I know that a guinea was marked, and put in my Lord's purse: I marked it myself, by my Lord's desire: he had a suspicion of some money being lost: the prisoner is my Lord's footman.

Mr. Garrow. Whose guinea was it? - My Lord Chatham's.

Upon your oath, was it not the porter's? - I never enquired.

Who gave it you? - The groom of the chamber.

Then you do not know it was Lord Chatham's? - Davis gave them me, and I put them in my Lord's pocket: Davis is not here: he said, it was by my Lord's desire: I do not know whose money it was.

CHARLES JEALOUS sworn.

I found a guinea in the prisoner's waistcoat pocket, on the 14th of August.

(Produces it.)

Court to St. Aubyn. What day was it you received this? - The night before I put it in the breeches, in the morning of the 14th.

What became of the breeches? - I put them in the drawers in the dressing room: sometimes they are locked, and sometimes unlocked: the prisoner had been in the dressing room that morning, some time before eight o'clock: I heard him in the room, and saw him come down: (looks at the guinea) that is one of the guineas I marked: but I will not swear it is Lord Chatham's.

Court. Where is it marked? - In one of the G's.

Jury. The mark is in the O.

Mr. Garrow. What is the name of the woman servant that was in there before the prisoner? - Betty.

ACQUITTED .

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

Reference Number: t17900915-71

661. MICHAEL HULCUP was indicted for that he, not having the fear of God before his eyes, but being moved and seduced by the instigation of the Devil, on the 24th of May last, on the King's highway, in and upon one John Rogers , the elder, in the peace of God and our Lord the King then and there being, feloniously, wilfully, and of his malice aforethought, did make an assault, and then and there driving two horses, drawing a certain brewer's dray, him, the said John,

did then and there throw down to the ground, and he being so on the ground, upon and over the said John Rogers , feloniously, wilfully, and of his malice aforethought, the off wheel of the said dray did drive, by means of which his left leg was then and there broken and fractured, of which he, from the said 24th of May till the 26th, did languish, and languishing did live, on which day he died: so the jurors say, that he, the said John Rogers , the said Michael Hulcup, feloniously, wilfully, and of his malice aforethought, did kill and murder.

ANN PARNELL sworn.

On Monday, the 24th of May, I lived at Miss Triquet's, at Lampton-hill ; I met a dray, and the man sat on the shafts; the prisoner was the man; when I first saw him he was about one hundred and twenty yards off; he came as fast as he could, to my judgment; but I would not pretend to say the pace; I was in the horse-road, and was obliged to cross the way; I believe I was not above four or five yards from the fore horse of the dray; the road was pretty wide; I cannot say the width; the prisoner was then on the shafts; I cannot tell how many horses were in the dray.

Did the prisoner call out to you? - No, Sir, he never saw me, I believe; I only observed he had a large nosegay in his hand; a person called to me, and I turned, and the horses were within four yards of me; I did not think they were so near; I did not see the accident; I was in a shop when it happened.

Mr. Garrow, Prisoner's Counsel. Did you know the deceased gentlemen? - Yes.

He was a very old man? - Yes.

Extremely deaf? - Yes.

I have heard he was so deaf, that if a gun had been discharged at his ear, he would not have heard it? - I do not know that; I never spoke to him in my life.

Court. You said, this was a pretty wide road? - Yes.

Was there any foot path on either side, and on which side? - Yes, on the right hand, where I was.

Was there any path on the other side of the road? - Yes, where the gentleman was.

Did the accident happen after you went into this shop? - It happened while I was in the shop.

How wide was the horse-road, at the place where you left the dray? - It was pretty wide; very wide; about two carriages might go.

When you left the road, was there any people in the road? - I saw nobody at all.

Were there any other horses in carriages? - No, I did not see one.

The dray was going the same way you was going? - No, I met the dray.

Did you look after it? - No.

Did you see any people in the road, in the way you was going? - I met the gentleman about three minutes before I saw the dray.

Was he in the horse road, or in the foot road? - He was in no path at all; he was just against the side of the horse road, on one side.

Not in the patside? - When I met the dray there was a path on the right hand.

Was the gentleman going the same way as the dray was? - Yes, he was.

JAMES DRAPER sworn.

I am a labouring man; on Whit-Monday, the 24th of May, at Lampton, I was wheeling a barrow to London towards my own house, and I saw the deceased, about eighteen yards from the place where the accident happened, and about thirteen yards off, on the right hand, the dray came by me; the dray was on the trot.

A slow or a fast trot? - I did not mind; the prisoner was either on the shaft or carriage, I cannot say which; his back was towards me, his face towards the horses; he was looking, I believe, towards the near side of the dray, and when I had gone about eighteen yards, to the best of my remembrance, I heard the prisoner cry whoy, sharply; I looked back, and saw the gentleman either under the carriage, or under the horses, at that distance I could not say which; I ran back, and saw the prisoner

endeavouring to pull back the horses; I picked up the gentleman from the wheel, and I believe the prisoner had pulled back his horses; when I came back the prisoner was by his horse; he came round as soon as he could; the gentleman was then speechless; I said, you have killed my master; I heard him make no answer; the drayman came round to my assistance, to the off side, where the gentlemen was; the gentleman was very much hurt; I believe the wheel went over his left leg, and I believe the driver, in pulling the dray back, put it over the same leg again, to the best of my knowledge; there was the appearance of blood; I assisted in taking the gentlemen home; he died the Wednesday night following; he lay in the off rut, nearer to the foot road on the right hand side.

Mr. Garrow. He lay in the rut of the off wheel of the dray? - Yes.

Have you never said that the prisoner answered that he did not see the gentleman till he was down; that he was extremely sorry for the accident, and that he had not intended it? - He did seem to be very sorry for the accident.

But did not he say so instantly? - I cannot say.

You was examined before the coroner? - Yes; on Saturday, the day he was buried.

Of course at that time all the circumstances and conversations were fresh in your memory? - Yes.

Fresher than they are now? - I do not know that I have studied more about.

You said nothing before the coroner but what was true? - Not to the best of my knowledge.

The driver was looking to the left side? - Yes.

The gentleman met with the accident by the driver's right side; the first you heard of the accident was by the prisoner calling whoy! sharply: you did not say any thing of driving this wheel over the leg a second time? - I was not asked.

You do not mean to impute that he did it wilfully? - No, Sir.

This old gentleman had the misfortune of being extremely deaf? - Yes.

Did not you say, you believed if a gun was let off close to him he would not have heard the report of it? - I did say so; and I think so now.

Was any body in the road? - Not for some time.

Jury. Did you meet a young woman? - No.

Mr. Garrow. Do you recollect whether the prisoner did not say whether he had seen the deceased before or not? - I heard him say he saw him some distance before.

Do recollect; because I have the deposition you made before the coroner, and it is very material you should be consistent: did not you say before the coroner, that he said, he did not see the deceased till he was down? - I do not remember I said so.

Did not you say that he expressed much sorrow for the accident? - Yes.

JOHN JONES sworn.

I work for my father-in-law; he keeps the Black Horse, at Lampton; I was there the 24th of May: I saw the horse down on his knees, and somebody down too; I saw the dray before that just by Mr. Raper's house.

How far was that from the place where the accident happened? - About thirty yards: I saw him on the dray towards the near shaft: I did not mind where the prisoner was when I saw the horse on his knees; there were two horses: it was a long trot: I did not see the gentleman before: I heard the prisoner cry out whoey, three or four times; then I ran up; the gentleman was down, and his head cut, and blood on his head; he was nearest towards the foot path, which was on the right hand side of the dray, which was the off side of the dray.

How long might it be between the time of your seeing the dray, and hearing the cry of whoey? - I cannot say.

Did you assist in taking the gentleman to his house? - No; I went for the surgeon.

Mr. Garrow. Did you get there before or after the driver? - After the driver: I did not hear what passed: I did not observe whether the gentleman was quite from under the dray.

Richard Kent called, but did not answer.

HENRY FROGLEY sworn.

I live at Hounslow: I was sent for on occasion of the accident of Mr. Rogers; I believe it was the 24th of May, between four and five in the afternoon; on examining him, I found the cuticle of the right hand tore away; and the bones lay bare; on examining the head, I found that the skin of the face, on the right side, was likewise torn off, and his scull laid bare on the head; upon examining the left cheek, I found both the bones were broke, and very large lacerated wounds on that leg, so that the points of the bones were discoverable; and on the right leg there was a very large contusion; from this accident, I apprehended him in great danger of a mortification; and he continued extremely ill till the Wednesday; and in the afternoon, or evening, he died; I knew him before, very well; he was an elderly gentleman, about seventy; he was in very good health before; I have no doubt in the world but that accident was the occasion of his death.

Court. Was the old gentleman very deaf? - Very deaf; he was always written to; he could not hear at any rate.

Prisoner. I leave my defence to my counsel.

STEPHEN COLE sworn.

I live at Lampton, a brewer. The prisoner was my servant seven or eight years, a very faithful servant; I could always depend upon him.

With respect to his humanity and good nature, what was his character? - A very good one; I know nothing to the contrary; he was always a very careful servant.

Was he a good natured man? - Very good humoured.

I believe, after he had been taken up, and the coroner's inquisition was over, he was discharged? - Yes.

Did he return to your service? - Yes; he continued three or four months, always behaving very well; we took him again.

EDWARD CHAPMAN sworn.

I am a builder, at Peckham. The prisoner has lived in our neighbourhood seven or eight years; always bore a good character; I saw him often on the road, a very careful sober man; I believe, if necessary, twenty inhabitants would have come; I have observed he was a particular careful man; I never saw any appearance of his being likely to do a wanton mischief to any body.

GUILTY of manslaughter .

Fined 1 s. and imprisoned three months .

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

Reference Number: t17900915-72

662. JOHN COOPER was indicted for feloniously stealing, on the 8th of July last, in the dwelling house of Joseph Coulson , one bill of exchange, value 5 l. 7 s. 6 d. the property of the said Joseph Coulson .

NOT GUILTY .

Tried by the London Jury before Mr. Justice GROSE.

Reference Number: t17900915-73

663. RICHARD BAILEY was indicted for stealing, on the 27th of August , one linen handkerchief, value 8 d. the property of Charles Hamilton .

CHARLES HAMILTON sworn.

I am a carpenter . On the 27th of August, about five in the afternoon, I was in Smithfield ; I was told a boy had picked my pocket; I put my hand down to my

pocket, and missed my handkerchief; I took hold of the boy, and it dropped out of his bosom; I took it up, and the constable came and took him into custody; I had seen it not a quarter of an hour before; I can swear to the handkerchief; it is darned in the middle: the constable has it.

ROBERT NEWMAN sworn.

I am a constable: I took the prisoner into custody; I have the handkerchief; it was picked up when the prisoner dropped it; I saw it dropped, and saw it picked up.

(Deposed to.)

PRISONER's DEFENCE.

I was walking through Smithfield, and saw the handkerchief lying, and I picked it up; I have no witnesses.

GUILTY , (aged 15.)

Tried by the London Jury before Mr. RECORDER.

[Transportation. See summary.]

Reference Number: t17900915-74

664. WILLIAM GATEHOUSE was indicted for stealing, on the 13th of September last, a pair of leather half boots, value 10 s. the property of Richard Dixon , James Kenlock Clement , and William Dixon .

JAMES KENLOCK CLEMENT sworn.

I am partner with Richard and William Dixon : I know nothing of the transaction.

THOMAS LYNN sworn.

I am apprentice to Mess. Dixon and Clement. I saw the prisoner come into the shop and take a pair of half boots: the shop is the corner of Foster-lane, Cheapside ; I was lighting a lamp; I was on the steps; there were candles lighted in the window; the prisoner never was out of my sight; I got off the steps, and I called halloo; he turned his head round, and dropped the boots; I ran after him; I never lost sight of him, only just turning the corner of Horse-shoe-passage; he ran down the passage into Foster-lane; I caught him, and I brought him home; he downed on his knees, and begged a thousand pardons.

ROBERT NEWMAN sworn.

I am a constable: I only took him into custody. These half boots were delivered to me, and I marked them.

Mr. Clement. I can swear to them; I cut them out; I know the workman's make.

Court. If you had seen them at York should you have known them? - I think I should; there is our firm in the inside, and the No. 1791.

PRISONER's DEFENCE.

I had been at the statute, Fleet-market, and I was coming back, and a boy came and hit me over the ear, and said, I had stole these half boots: my witnesses are gone home: I lived with Mr. Kirby.

GUILTY . (Aged 15.)

Whipped .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17900915-75

665. SARAH CHESSE was indicted for stealing, on the 27th day of August last, thirty-eight yards of black silk ribbon, value 9 s. one hundred and forty-four yards of silk ribbon, value 12 s. thirty-six yards of ferret, value 3 s. and a quantity of laces, value 5 s. the property of Hannah Hurst .

HANNAH HURST sworn.

I live in Bridgwater-gardens, No. 10. I lost the things in the indictment on the 27th of August, on a Friday, my daughter lost them.

HANNAH HURST , Junior, sworn.

I was standing in Fleet-market on the 27th of August; I have a stall there, and sell ribbons: I had tied up the things in a

handkerchief: I was standing at the stall facing me: they lay on the board, with an oil cloth over them: there was a quarrel at the next stall to mine: and I turned my head round, and saw the prisoner standing by the board; I asked her what she would have; she said nothing; I saw a bulk under her cloak; I lifted it up, and there was my bundle; I took it from her, and she began to abuse me, and the clerk of the market got a constable; the things belong to my mother.

SARAH DAVIES sworn.

I have a shop in Fleet-market: I was standing at my own door; the prosecutrix and me were talking; there was a quarrel; and she turned round, and she said the prisoner had taken her bundle; I saw her take it from the prisoner; the constable had it: but he gave it to the prosecutrix, and she has it here.

(The things produced and deposed to by Mrs. Hurst.)

PRISONER's DEFENCE.

I was coming through the market, and my child picked up a bundle, and I took it out of her hand, and I was going to give it the prosecutrix, and she came and gave charge of me; she said, she would forgive me if I would beg pardon.

Mrs. Hurst. There was no child with her at the time.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17900915-76

666. MARY GEORGE was indicted for stealing, on the 1st of August last, one silver watch, value 3 l. one cloth great coat, value 5 s. one half guinea, and six shillings, in monies numbered, the monies of John Jones , privily from his person .

JOHN JONES sworn.

I know the prisoner. I am a painter : I live in Little Queen-street: I went for my clean linen on Sunday night, the 1st of August, and I met with the prisoner: my washerwoman was not at home: and Mary George , the prisoner, asked me to sit with her; and I met with her in Parker-street; I never saw the prisoner before: I told her I came for my clean linen; she lives in Star-alley, just by my washerwoman; I went with her home, and dropt asleep soon, because I was tired: I had not been drinking much, only a little; nothing but ale; I was sober; to be sure I was a little disguised: I had not been in the house above ten minutes before I dropped asleep; I laid by the side of the bed; I pulled off my great coat; I did not awake till the next morning about six o'clock; then I missed my property and the prisoner; but she came in soon after: I missed the things in the indictment: I felt the chain of my watch just as I went into the prisoner's room; I know I had it; I did not see the watch while I was there: when the prisoner came in the morning she got a knife to stab me, and said, if I did not get out of her apartment she would stab me; I kept her off as well as I could; she hit me ever so many times over the head as hard as she could; I was very glad to get out of the place; I went and informed against her, and the next morning she was taken up.

Prisoner. Did not you give me your coat to pawn, to sleep with me all night? - No.

Prisoner. Had not we two pots of beer and two half quarterns of gin? - No; I never drank with her.

Prisoner. And a peck of coals, a candle, and a pennyworth of wood? - No.

JOHN HORTON sworn.

I am a painter; I worked with the prosecutor: on Monday morning, the 2d of August, I found him at the Whittington and Cat, in Cross-lane, about nine o'clock; he was waiting to find the prisoner; he was perfectly sober: he said, he knew the

prisoner; I went with him to her apartment, and found Mary Taylor , but not the prisoner; the prisoner was sitting on some steps in Star-court; there are four steps; he said, that was the woman that had robbed him of his watch, great coat, half a guinea, and six shillings; she was in liquor, and could not speak; I threatened to fetch a constable; she made no answer; I got a constable, and she was secured.

GEORGE O'KEFFE sworn.

I am a pawnbroker, No. 135, High-Holborn; I know nothing of the prisoner; I took in this coat of Mary Taylor .

Court to Jones. Did it appear that any body slept in that room that night? - No.

Was you fastened in? - I do not know.

Were these really the lodgings of the prisoner? - Yes, she told me so.

Were there other people lodging in the house? - Mary Taylor said, in the prisoner's presence, that the prisoner gave her the coat to pawn; and she did not deny it.

PRISONER's DEFENCE.

Between eleven and twelve, this man asked me to go home with me; I said he might; he sent for three half-quarterns of gin, and four-penny-worth of meat, and a penny-worth of bread, and a pot of beer, and three half-quarterns more of gin, and another pot of beer; then I said I had some things to wash, and he sent for some soap and coals, and a candle; after all this, says he, can I sleep with you? yes, says I, but I should like to have a little money as well as you sleep for nothing; says he, I can pawn my coat, and go in my waistcoat sleeves, I live hard by: and in the morning, about five, I suppose the little beer or gin made me dry; I had no water; I said, feel whether you have no halfpence; he said, he had not a farthing; I heard Mary Taylor go down stairs; I said, Poll, I wish you would pawn this coat for as much as you can; she brought four shillings; I spent seven-pence-halfpenny; I should have given him some breakfast, for he said he would come the Saturday following.

GUILTY of stealing, but not privately.

Imprisoned twelve months , and fined 1 s.

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

Reference Number: t17900915-77

664. HARRISON ANDERSON was indicted for stealing, on the 31st of July last, ninety-three copper halfpence, value 3 s. 10 1/2 d. the monies of Elizabeth Willis .

ELIZABETH WILLIS sworn.

I live in the Old-Bailey ; I keep a snuff-shop ; on the 31st of July I lost ninety-three halfpence from a shelf-behind the counter; I saw them about a minute before I missed them; I did not see the prisoner take them; I saw them about an hour after, at Guildhall, in the constable's hands; I saw the prisoner behind the counter; I was in a room adjoining the shop; I came out, and he came from behind the counter, and I cried, stop thief!

CHARLES HUPLEY sworn.

I am porter to Mr. Robinson: on the last day of July I was coming up Snow-hill, opposite St. Sepulcher's church, and the prisoner ran by me with a parcel of halfpence, some in his hand, and some in his apron; the prosecutrix came out, and cried stop thief! I pursued him, and took him in Stonecutter-street; I told him he should go back, and he said for God's sake let me go, and I'll give you the halfpence: the constable came up, and the halfpence were taken from him: there were three shillings and ten-pence-halfpenny: the prosecutrix said, he was the boy.

THOMAS WYATT sworn.

I am the constable: I took the halfpence from him, three shillings and ten-pence halfpenny, out of his left hand pocket; (produces them) I went back, and the prosecutrix said he was the boy.

THOMAS UPWELL sworn.

I was present when he was searched, and

saw the money taken from him: I took charge of him.

Mrs. Willis. I do not know them by any particular marks: I cannot swear they are mine: I do not know the quantity, but I missed some, and the prisoner was close to the place where they lay.

PRISONER's DEFENCE.

I was out with a jack-ass, and I received this money when I told my ass.

GUILTY .

Whipped .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17900915-78

665. THOMAS WEBB was indicted for that he, on the 19th day of June last, had in his custody and possession a certificate in the form following

"This is to

"certify, that John Skirrow , an extra tide

"waiter, is on ship duty, and entitled to

"ten shillings and six-pence, as the weekly

"sum for his service on board some ship

"in the Port of London;" and afterwards, on the said 19th day of June, did falsely and feloniously make, forge, and counterfeit and cause and procure to be falsely made, forged, and counterfeited, and willingly act and assist in the false making, forging, and counterfeiting, under the said certificate, a certain receipt for money, with the name, John Skirrow , thereto subscribed, purporting to be a receipt from the said John to Bamber Gascoyne, Esq. then being the receiver general of the customs of our Lord the King, for ten shillings and six-pence , the tenor of which receipt is as follows,

"Received of Bamber Gascoyne,

"Esq. receiver general of his majesty's

"customs, 10 s. 6 d. on account, John

"Skirrow;" with intent to defraud him the said John Skirrow .

A second count for uttering the same, knowing it to be forged, with the like intention.

The indictment opened by Mr. Garrow. And the case by Mr. Fielding, as follows:

May it please your lordship. Gentlemen of the jury, your attention you perceive is now called to a capital charge, namely that of forgery: the commissioners of the customs, who are servants of the publick, in a very high department, have found it their duty to submit the present prosecution to you: before I state to you the particular circumstances of that transaction, which has involved the prisoner in the guilt now imputed to him, it will be proper that I should state to you those circumstances upon which the present crime has been established: so long ago as the year 1768 the commissioners of the customs made an order that a certain class of men, called extra tidesmen, occasionally employed by the customs, when employed on board ships, as their employ would necessarily confine them there, that they should be allowed ten shillings and sixpence a week; that this provision might reach their families, and in order to enable those families to receive this money, or themselves, if absent from on board ship, that they might receive the money, they were to produce certificates of the register of the customs, of their having been so employed; and, that on the production of such certificate, they should be enabled to receive it. Gentlemen, the prisoner at the bar most undoubtedly knew of this order of the Board of Customs; he knew that there were printed instruments containing the form of the certificate, and the form of the receipt; he had contrived to provide himself with one of those papers, and on the 19th of June it was, that he, being at the Custom-house, saw there a young man of the name of Smith, who will be called to you as a witness; this young man appearing to be disengaged, he immediately accosted him, and told him, if he would go up to the pay-master's board, and receive such a sum of money as the certificate imported, to be easily received, he would give him a penny for his trouble: then it was he put into the possession of the lad the

two papers, one of which you will have in your presence; the boy went to the pay-master; he saw a Mr. Simmonds; he presented to him the paper; it was a certificate to this effect; the paper has these words,

"Custom-house, London, June

"the 19th, 1790. This is to certify, that

"John Skirrow, extra tide-waiter, is on

"ship duty, and intitled to board's allowance

"of half-a-guinea, by means of the

"6th of June, 1768, William Irwin , register." Then at the bottom of the paper was a receipt, in these words,

"Received

"of Bamber Gascoigne, Esq. his majesty's

"receiver general of the customs, 10 s. 6 d.

"on account, John Skirrow ." Gentlemen, you see therefore in this paper there are two names signed; the one of Mr. Irwin, which is a fabrication, the other is the signature of a John Skirrow ; it would therefore purport that this was the signature of a John Skirrow, who had been an extra tidesmam, and entitled to board's allowance; now in fact it turns out upon looking over the board's list, that no such person is in existence as John Skirrow ; first here is the fabrication of Mr. Irwin's name, which is material to the present prosecution, resting merely on the publishing the forged receipt; there being no such person as John Skirrow does not at all alter the nature of the crime; if there had, and his name had been fabricated, then there would have been a different mean of ascertaining the guilt of the prisoner; but there being no such person does not at all alter the nature of the offence. Gentlemen, you see, therefore, the simple charge is, that he has forged this receipt, or uttered it, knowing it to be forged; the money he was to obtain by means of this forgery is, it is very true, most insignificant; but it is of the utmost importance, as these matters have happened before this time, that an example should be made for the sake of the publick, of that person who has committed his sort of offence: now as to the other part of the charge, that this was uttered with intention to defraud the receiver general, there cannot be a doubt; if the receiver general, or his clerk, had paid this money, he would have paid it in his own wrong; but it is sufficient, if the intention to defraud should be made manifest to you: therefore you see the complexion of this business; this man knowing well there was a possibility of imposing on the commissioners of the customs, and of imposing on the pay-master, has presented this to them with a view to defraud the receiver general.

Gentlemen, now it is proper I should state to you the sort of evidence you will have in the present case, and the manner in which you will bestow your deliberation on this testimony: I have already told you this man, when at the Custom-house, did apply to a youth of the name of Smith; he went to Mr. Simmonds, the clerk, who contented himself at that time with desiring the boy to produce the person; the boy went down stairs in order to find the prisoner; he did find him there; and told him, that the clerk desired he would come up himself, and receive the money; upon which, without any hesitation, he immediately seemed going up stairs; the boy was following him into the room; but, as he went somewhat quicker than the boy, before the lad had reached the top of the stairs, he met him running down; he ran past him without saying a word; and it was not till some time after this that the prisoner was apprehended by the boy, in company with a friend; seeing him afterwards, he said, that was the man that had desired him to take up the instrument; of course he was taken into custody; you will see therefore that the publishing this instrument was first to the boy, that the boy carried it up stairs to Simmonds, and you of course should watch that boy's testimony, and examine into it; you will see the manner in which he departs himself; the circumstance of the man's (if the boy tells true, and whether he does or not will be for you to determine) going up stairs and running down hastily again will determine that, if you shall think the boy intitled to credit; then the crime will be compleat on the part of the prisoner; for

the moment he gave this receipt to this young man to carry up for this purpose, he in truth uttered it, knowing it to be a forgery, with intent to defraud the receiver general of the customs: therefore, gentlemen, you are now in possession of that testimony which you will have more particularly laid before you: you will be aided likewise with the particular attention of his lordship, in a case like the present: if you find that the boy is deserving of credit in the transaction, you can have no doubt on the present business; and I take the liberty of suggesting to you now, that though the sum is small, yet I trust that your understandings are infinitely of too sober a kind to be at all led astray from your duty, by considering the insignificancy of the sum to be obtained; if there should be in the case any of those circumstances that should intitle the man to a consideration of his majesty, he will undoubtedly consider that circumstance, whether it be proper or not that his royal mercy should be extended to the man; but with respect to the smallness of the sum, with respect to a publick body, these certificates are so numerous; there are a great many of them at the board; and if it could be committed with impunity there would be too much of that which is too often committed in those societies. Gentlemen, you are now in possession of the evidence it is my duty to lay before you, and I am sure if it is satisfactory to your minds, your decision will be satisfactory both to the prosecutors and the publick.

(The witnesses examined separate.)

GEORGE DELAVAL sworn.

I am clerk of the minutes of the board of customs.

Mr. Garrow. Produce the minute of the 17th of June, 1768, respecting the extra tidesman's allowance? - This is it.

That is the extra minute? - Yes.

Is it subscribed by the chairman? - Yes, it is.

(Read, dated Friday, the 17th of June, 1768.)

BENJAMIN SIMMONS sworn.

Who is the present register of the tide-waiters in the port of London? - William Irwin .

What is your department? - I am the clerk appointed by the receiver general, to pay the inferior officers.

I believe you have there a paper that imports to be a certificate respecting one Skirrow? - I have.

Look at it; is that the printed form used on all occasions? - Yes.

It comes to you, signed by Mr. Irwin, the register of these men? - Yes.

Upon which certificate you make the weekly payment of the board's allowance? - Yes.

The expression, being boarded, means that they are on ship duty? - Yes, that they are on board the ship.

Be so good as to tell us when, and from whom you received this certificate of Skirrow's? - This certificate was presented to me by a lad, whose name I since understood to be Thomas Smith , at my office; and the name of John Skirrow being a strange name, I suspected the note was not a good one; I desired the lad to tell the person who gave him the note, to come up and receive it himself.

Had he said any thing of any such person? - I asked the lad, who sent the note? and he said a man on the stairs; the boy went away to desire the man to come; I kept possession of the certificate; he brought another of them at the same time.

Did the boy or any body else return to you upon that? - They did not return for some time; but an hour afterwards the lad came and said the man was run away.

How long was it before you saw the prisoner? - It was a month afterwards, before I saw the prisoner at the bar, not till he was in custody.

Do you know any thing of him, what he was? - He was an officer employed in the

customs; and I have frequently seen him in the office.

What was his department: what had he ever been? - Extra tide-waiter.

Was he at that time an extra tide-waiter? - He was.

Had he any allowance like that which is made to these men? - Exactly the same as this certificate purports.

Then the prisoner was acquainted with the mode by which this money was received? - I should suppose so, Sir, as the had often received it himself.

Are you acquainted with Mr. Irwin's writing? - Yes, Sir.

Look at that, and see if it is Mr. Irvin's writing? - It is so like it that I cannot say whether it is or not; but I should have paid upon it.

Is there any such person as John Skirrow , whose name it bears, in the employ? - There is no such person in the employ.

Mr. Knowlys, Prisoner's Counsel. How are you able to ascertain that there is no such person as John Skirrow in the employ: do: you recollect that from any writing, any book? - No, I do not, Sir: but I never knew any person of that name.

Do you keep any list of such persons? - No, I do not.

Is there no such lift kept in the Custom-house? - Yes, in the office of the register I did not know myself; but I enquired of the register.

Then you do not know only by the register, that there was no such person? - No.

Court. Have you been in this office long? - Four years.

Is it common for persons who are intitled to this money, to sign a receipt, and pay it away as cash? - It has been practised, I understand.

I suppose, if a person ever so much a stranger to you, was to come and produce the receipt of a man that you knew to be a tide-waiter, when you saw his hand, unless you had any doubt about it, you would pay it to any stranger that brought the receipt, should not you? - I should, my lord.

In short, I suppose, among those sort of people, and wives, or the children, or the creditors, that have such a receipt, in them to the money that was to be paid?

Thomas Smith called.

Mr. Fielding. How old are you? - Ten.

Where does your father live? - At the Woolpack and Key, in Thames-street.

Can you read and write? - Yes.

Do you know the nature of an oath? - If I swear a false oath, I must never expect to go to Heaven.

THOMAS SMITH sworn.

Now, my little man, do you remember being in the Custom-house on the 19th of June? - Yes.

How far is that from your father's house? - My father's house is facing it.

What time of day was it when you saw the prisoner at the bar there? - Between twelve and one.

Look at him now; is that the man? - Yes.

Tell my lord, and the gentlemen of the jury opposite to you, what he said to you, and desired you to do? - As I was coming down stairs, he gave me two notes, and said if I took them up and got the money, he would give me a penny.

What were the very words he said to you? - He said, my man, if you take they two notes up to the pay-master, and get the money for them, I will give you a penny.

What did you do with those two notes? - I went up stairs to Mr. Simmons.

Which is Mr. Simmons? - This is the gentleman, (pointing to him.)

Did you give that same paper into the hands of Mr. Simmons, that you received from the prisoner at the bar? - Yes.

What did you say to him when you gave him the two notes? - I gave him the two notes, and he asked me who gave them to me? - I said, a man on the stairs.

What did he desire you then to do? - He told me to go down stairs and desire the man to come up to him.

Then you went from Mr. Simmons to look after the man? - Yes; I went down,

and he was about two or three steps lower than he was when I first met him.

What did you say to him? - I told him to go to Mr. Simmons himself; he went up very nigh the office door, and came running down again.

Did he say any thing to you when he passed you? - No.

When you described him as coming running down again, was he in haste? - Yes; he was.

He was running then in haste down stairs? - Yes.

He got out of your sight then? - Yes; I went home, and went to school in the afternoon, as usual.

Did you call to him to stop? - No: I did not.

What did you do then? - I went home; and the next day my father came to me, and said something about two notes.

Did you go back to Mr. Simmons? - No; not that same day.

Did you go back to Mr. Simmons? - I went to Mr. Simmons then, and then he asked me about these two notes; and then he asked me if I should know the man again; and I said, yes.

Did any thing more pass between Mr. Simmons and you than that? - No; I went down stairs again.

When was it that you happened to see the man again? - About a month afterwards; I saw him leaning against one of the pillars at the Custom-house door.

What did you do upon that? - I went and told my father; and then he told me to go up to the paymaster and tell him; I went up and told him, and Mr. Simmons came down with me; then I shewed him the man.

Did you tell Mr. Simmons that that was the man who had given you these notes? - Yes, Sir, I did.

Now are you sure that is the man? - Yes, Sir.

Had you ever seen him before? - I never saw him before he gave me the notes in my life.

But you are sure that is the man? - Yes, I am positive that is the man.

Mr. Fielding to Mr. Simmons. Is that the little boy that brought you the notes? - Yes, it is.

He came to you the next day? - I do not recollect whether it was the next day or the same day.

To Smith. Are you sure it was the second day, my little man? - Yes; I am sure it was the second day.

To Simmons. Did you mention any thing of it? - I immediately went to the register's-office to see if it was Mr. Irwin's signature.

Did you enquire after the boy? - Yes; I saw him, and desired him if he saw the man again to let me or somebody know.

Had you said any thing that could come particularly to his father? - Not to his father particularly: his father was a stranger to me.

To Smith. How came your father to desire you to go? - I do not know, I am sure; but he said, Mr. Simmons told him.

Mr. Knowlys. I believe your father generally carries those sort of receipts? - Yes, he does.

What does he charge for that? - I do not know.

You have sometimes I believe been employed by your father to take those kind of receipts? - Yes; I have.

Then it is not the first transaction of the kind by a great many? - No, Sir, it is not.

You have done so very frequently before? - Yes, Sir, I have.

Therefore having receipts given you to take for payment was not at all a particular thing to you? - No, Sir.

Then you did not go back to Mr. Simmons, and tell him that the man you was sent after did not come back? - No, Sir.

You thought there was nothing particular in it of course, or else you would have gone back to him and told him? - No, Sir, I did not.

And you did not see the person that gave you the receipt for a month? - No, Sir.

And you never saw him before? - No.

Mr. Fielding. The other receipts which you have at different tines carried up to the pay-master, are those you have received from your father? - Yes.

Then other people have employed you to carry up these instruments? - Yes; but not from strangers.

But having been there at the office before you accepted this employ of the prisoner? - Yes; I did.

Mr. Knowlys to Smith. Did Mr. Simmons offer you any thing if you could find the man? - No, Sir; he did not.

Court. Did he tell you you must find the man? - No, Sir; he did not.

When did he speak to you about it? - The next day.

Was there any noise about it? - No, Sir.

Nothing said about it? - No, Sir.

Your father was not angry with you for taking up this receipt? - To the best of my recollection, I cannot say he was.

Why do you say to the best of your recollection?

Mr. Fielding. Do you hear my lord. Why do you say to the best of your recollection? are you sure he was not angry with you? - No, Sir, I am not.

And when you saw this man again in a month's time, you made the immediate discovery, that you told us of? - Yes.

Court. You never saw this man before this day that you had the notes from him, till he was taken up? - No, Sir.

Court to Mr. Simmons. Was it you, or one of the other witnesses that told me, that the prisoner at the bar was a tide-waiter? - I said he was a tide-waiter.

Of course then he was backwards and forwards from the time that this note was offered to you to the time he was taken up: did you see him? - I do not recollect whether he was at the office or not; it did not lay with me at all.

CLAUDIAS SMITH sworn.

Mr. Garrow. You live near the Custom-house? - I do.

When did you first hear that the boy had been with those notes that were questioned? - I cannot exactly say the day of the month; but I sent up my son with two other notes for two watermen, that use my house, and he brought me the money, the two half guineas; that was the same day as this; there was nothing peculiar in the day; I did not hear of the boy getting those two notes for the prisoner, till the prisoner was gone; I was informed that Mr. Simmons wanted to speak to me, and I went up the next day to Mr. Simmons.

Court. When did you hear that Mr. Simmons wanted to speak to you? - The afternoon of the same day that the boy had been to him.

Mr. Garrow. Was that the first that you heard relating at all to these notes, or the boy's concern in it? - It was the first I heard; I did not know Mr. Simmons's business till I went up; I went to Mr. Simmons.

Mr. Knowlys. Your house is directly opposite the Custom-house? - Yes.

The persons that belong to the Custom-house must be in the sight of your house very much? - Most certainly.

WILLIAM IRWIN sworn.

I am the register of tide waiters.

Look at that certificate; is that your hand writing? - No; it is not.

Was there any such person in the employ under you as John Skirrow ? - No, Sir.

You never gave any certificate in favor of John Skirrow ? - I never did.

Do you know the prisoner? - Yes.

What was he at that time? - He is an extra tide-waiter.

Court. Tell me whether you can swear that is not your hand writing? - I am very sure it is not.

Are you sure of it from the circumstance of there being no such person as John Skirrow , for whom you gave that receipt, or from the writing itself? - There is a difference in the I, that I am convinced it is not my hand writing.

Then if any person had put that receipt

into your hands, you would have said at once it was not yours? - I should have had my doubts at first; but on a further inspection, I should have been convinced it was not mine.

Mr. Garrow. Do you always fill up the person's name? - No; they are brought to me ready filled up; I constantly examine them by the alphabetical list of the tide-waiters.

Therefore you never could have signed that by mistake? - No; I could not.

You say that the prisoner at that time was a tide-waiter? - He was.

Was he the person for whom it was your duty to certify? - Certainly; he could not get it without.

So that he knew the method of such business? - I have signed a great many for him.

Mr. Knowlys. Pray did not you, before the Lord Mayor, say you could not tell whether it was your hand writing or not? - No; I did not say them words; I said, I should have had my doubts at first; but on a closer inspection I was convinced it was not mine; and I likewise mentioned the examining them by the alphabetical list.

Are the tide-waiters very numerous? - Very much so.

Do you keep a list of them? - Of every one.

Have you brought that list with you? - No.

It is not in Court? - It is not.

You say you have examined the list; do you speak only from the list, that there is no man of the name of Skirrow there? - I know that there is no such person existing as a tide-waiter of the name of Skirrow.

Can you take upon you to say that without reference to the list? - Yes, I can; because I have examined it several times.

This man has been a tide-waiter for six years? - I do not know how long a time.

They of course are about the Custom-house frequently? - Certainly; it is their duty to be about there.

- RENSHAW sworn,

Produced the patent; appointing the present commissioners of the customs.

- JONES sworn.

Produced the appointment of Mr. Gascoyne, as receiver general of the customs.

The prisoner called five witnesses, and also Mr. Irwin, who all gave him a very good character.

NOT GUILTY .

Tried by the London Jury before Mr. Justice GROSE.

666. The prisoner was again indicted for a like offence, only charging him with forging the name of James Reeves .

There was no further evidence.

NOT GUILTY .

Court. It seems to me, gentlemen; your verdict is perfectly right.

Reference Number: t17900915-79

669. DANIEL SWINNEY was indicted for stealing, on the 14th of July last, one guinea and one shilling, the property of John Smart , privily from the person of Sarah his wife .

SARAH SMART sworn.

I am wife of John Smart ; he gave me one guinea and two shillings on Tuesday, the 13th of July; I expended one shilling in supper; and Mrs. M'Clane came down, and the prisoner followed her into my parlour and bed room: I had a guinea and a shilling in my pocket: the prisoner lodged in my house: the prisoner sent for half a pint of gin, but he had no money to pay for it; the prisoner boarded with Mrs. M'Clane, and he asked her to lend him a shilling, and she had none, and they both went up stairs again: I sat on a chair, and undid my clothes, and left my pockets on; I did not pull them off; and I leaned my hand on the table, and went into a doze two or three minutes; my bed is in the same room; I awaked, and the light was put out, and I felt Swinney without his shoes; I said to my little boy somebody is in the parlour; and he said, it was only Swinney; and I saw him very plain by the fan light over the door; Swinney was near me; I touched him with my hand; I had not forgot myself three minutes when I felt him down stairs; my money was in my left hand side, and I felt him draw my pockets entirely off, and took them a yard and an half from me; but not out of the room; then I cried out, I was robbed: I went up stairs, and found Swinney laying on the bed, with his breeches and stockings on; the door was on a jar; I said he had robbed me; and I went and got the watchman, and the prisoner was secured; and in his waistcoat I saw the guinea and shilling found by the beadle; there was no other money; I can safely say the shilling is mine; there is a little kind of a small dent in it; the guinea is of the present king, but an old coin: the beadle has the guinea and shilling.

FRANCIS CLULEY sworn.

I am the beadle: I was coming down Long Acre between one and two with two patrols; the prosecutor lives in Long Acre:

she called me, and told me of the robbery; I went up stairs: she opened the door with a key: I took the prisoner; I searched his waistcoat pocket, and found this guinea and shilling; I found no other money.

(The guinea and shilling produced.)

PRISONER's DEFENCE.

The prosecutor asked me to sup with her, and we had half a pint of gin; her husband came in and went out again, because there was no supper for him: she wanted another half pint of gin; I said, no; then she accused me of robbing her, and searched my small hose, and found nothing; she went away, and fell a sleep.

CHRISTIAN M'CLANE sworn.

As far as I have to say I shall speak the truth, if God gives me leave. This man worked in the shop with my husband; he victualled with me: he had been drinking all this day, and did not come home till night; I was going into bed; and he asked for some supper, and I gave it him; and he went to get a pint of beer, and he fell down: the man behaved to the heighth of honesty to me.

JOHN M'CLANE sworn.

I was present when he was searched; every pocket was searched, his coat and waistcoat; and the prosecutrix immediately cried out, you Irish b - r, where are your breeches? and she desired me to search them; this was before the beadle came; I was not called when the beadle came: the prisoner is a sober, honest, well-behaved man.

Prosecutrix. I never searched the waistcoat: it is false as God is true.

GUILTY, of stealing, but not privately .

Fined one shilling and imprisoned one month .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17900915-80

668. DANEL MURPHY was indicted for stealing, on the 19th of July , a silver watch, value 30 s. a steel watch chain, value 2 d. and a key, value 2 d. the property of John Partridge .

CHARLES MORGAN sworn.

I keep the round-house: the prisoner was charged for robbing the prosecutor of a watch; he slept up stairs that night; there are three beds in the room; he had one bed to himself; a man slept in another room: my daughter found a chain in the bed; she is not here; the watch has never been found.

Prisoner. Did not Hunt go to the round-house the next morning? - Yes; he did; but he was not in the bed room at all.

ANN TILLER sworn.

I was looking out at my one pair of stairs back room about a quarter after seven on this Tuesday evening, and I saw the prisoner go up and down the yard, and watch me: I have a room in the prosecutor's house; the prisoner went to the wash-house, and then to the vault, and took off his coat off his shoulders, to dust round the shoulders with his handkerchief; and I saw him look through the back parlour windows several times, where the watch hung; when I heard Mr. Partridge say he had lost his watch, I gave information of the prisoner.

Court. There is no evidence.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17900915-81

668. JAMES DOWLING was indicted for stealing, on the 22d of July last, four coach seats, value 5 s. the property of James Wiltshire .

JAMES WILTSHIRE sworn.

I am a driver of a hackney coach : I am not obliged to make the things good that are lost: I lost one coach seat; it was taken

on the prisoner; I swore to it the next morning before the justice; the constable Elliot has it.

JOHN NORMAN sworn.

I keep a shop in Monmouth-street: the prisoner came into my shop to sell some pieces to me in June; I think I have not brought them; they were light coloured.

CHARLES ELLIOT sworn.

On the 12th of August, about eleven at night, crossing Dean-street, Soho, I heard a man say, there is a thief stealing the seats; I went across the way, and found the prisoner in custody, for robbing Wiltshire's coach: I took him to the watch-house.

Court. There is no evidence.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17900915-82

669. The said JAMES DOWLING was again indicted for stealing, on the 12th of July last, two coach seats, value 5 s. the property of James Bardell .

JAMES BARDELL sworn.

I am a coach-master : I lost two coach seats on the 12th of July.

DAVID ROBERTS sworn.

I lost two coach seats on the 12th of July, about eleven at night, at Saint Ann ; the waterman took him by the collar, and called me; I went up, and took him: the prisoner promised to tell me and Elliot where they was; which was in George-yard, Macclesfield-street, Soho. (Produced and deposed to.) I had drove the coach four months, and whenever it rained I used to turn them; I have nothing else to say; but I will swear to the property.

CHARLES ELLIOT sworn.

I had the prisoner in custody; and I said, have you this man's seats? he said no; he knew nothing of them; at last he said, he would tell me where they were, if I would not hurt him; I would not permit him; he carried me to the place where they had just been.

Prisoner. I have nothing to say.

GUILTY .

Imprisoned six months , and fined one shilling .

Tried by the first Middlesex Jury before the Lord CHIEF BARON.

Reference Number: t17900915-83

670. GEORGE DEACKIE was indicted for feloniously breaking and entering the dwelling-house of James Young , about the hour of six in the forenoon, on the 11th of August last, one Hester Court, Mary wife of James Jones , Stephen Collins , John Hall, and Ann Hall being therein, and stealing a pair of pockets; value 6 d. a callico petticoat, value 5 s. a callico gown, value 5 s. a handkerchief, value 12 d. a purse, value 2 d. a tucker, value 3 d. a half guinea, and one shilling, his property .

HESTER COURT sworn.

I live in Castle-street, Marybone . On the 11th of August last I went to bed; I pulled off my clothes and laid them on the bed: I was alarmed a little after six by the cry of thieves, and that somebody had entered my apartments; I missed my clothes off the chair, and saw my dining room door wide open; my clothes were brought me at the foot of my stairs: I did not find the house broke in any way; it is the house of James Young ; Mary Young was in the house, and Mr. Collins, and Mr. and Mrs. Hall.

MARY YOUNG sworn.

My husband's name is James Young : it is his dwelling-house: he went out to work with the apprentice and a man at six in the morning, the beginning of August: I got up to let in a carpenter, and left the

door upon the latch; I heard a man in the passage, but did not see the prisoner till he was out of the house; the boy was asking him where he had got the things that were under his arm; the boy let him out, and cried stop thief! I looked out at the door, and saw the prisoner with the things under his arm; and I saw him come up the yard again without the things; I saw no more of him till he was brought back, things and all.

TWYDLE DEER ALDRIDGE sworn.

The prosecutor is my master: we were going to work at Newington; I returned for a pair of steel-yards, and when I came to the door I saw a man stand by the rails, with a bundle under his arm; when I saw the door unlatched, and pushed it open; and then I saw the prisoner coming down stairs; my mistress has had the things ever since: I asked him what business he had there; and he made no answer, but smiled, and came to the door; I opened the door, and let him go out; then I called stop thief! I followed him down, he and the other person, till they came to the gateway; he went down the yard, and threw the things about in the yard; and then the prisoner came up and asked me what business I had with him; I called stop thief! the man stopped him; he had the things loose under his arm.

WILLIAM TRIPLETT sworn.

I was in the market facing Castle-street, and I heard the cry of stop thief; and I saw the prisoner coming towards me; he turned down a yard, and came up without the things.

(The things deposed to by Mrs. Court.)

PRISONER's DEFENCE.

I am servant to a gentleman: I lived last with Mr. Dorneus, in Dean-street, Soho, and from thence I lived with Mrs. Fitzherbert; then I went as a monthly servant to a French family; we were ordered to go to Vauxhall the next morning; me and the coachman got a little liquor, and I went as far as Paddington, to see a friend there; I came back towards home, and I was informed there was a girl of the town lived in this street; and I went and asked up and down the street; and there was a person at the door with a bundle; they said he belonged to me; and I asked him; and the door was open, and I went in; I stood at the door a quarter of an hour or twenty minutes; on the landing place these things lay lapped up, and I kicked them half way down stairs; and I took them up, and went out.

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

GUILTY of stealing only .

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

[Transportation. See summary.]

Reference Number: t17900915-84

671. JOHN WILLIAM GAY was indicted for feloniously breaking and entering the dwelling-house of Sarah Hopkins , about the hour of twelve in the forenoon, on the 14th of September , one Ann Hopkins being therein, and stealing a silver watch, value 20 s. the property of the said Sarah .

ANN HOPKINS sworn.

I am daughter of Sarah Hopkins , widow , No. 6, Charter-house-lane . On Tuesday, between twelve and one, the 14th of September; I was below; I heard the street door open, and I came up stairs, and saw the prisoner at the back parlour door, going into the front parlour; and the prisoner gave me this letter (producing a letter) and asked if Mr. Clarke lived there; I said, no, my dear, but you should always knock at the street door; he said, he did knock at the parlour door; I looked on the chimney

piece, and saw the watch was gone, and I saw the prisoner with his hand in his waistcoat pocket, and I saw a bit of black ribbon hang out of the prisoner's pocket; I took the watch out of his pocket; it was a silver watch; it was left by my father between my mother and me, my mother administered: the boy said, he found the watch on the carpet; the bed room door was half open, and he pushed into the bed room, shut the door, opened the parlour door, and ran off; when I opened the bed room door I saw him at the parlour door, when I got to the parlour door I saw him run across the way: there was a court facing our house, where there was no thoroughfare: and I took him in a neighbouring dust-hole; I am confident he is the same boy.

PRISONER's DEFENCE.

I went up this alley, and they said I had stole a watch.

GUILTY of stealing .

Transported for seven years .

Tried by the first Middlesex Jury before the Lord CHIEF BARON.

Reference Number: t17900915-85

672. MARY GOODALL and JOHN GOODALL were indicted for feloniously assaulting Hannah, wife of John Haseltine , on the king's highway, on the 10th of September , and putting her in fear, and feloniously taking from her person and against her will, a woman's linen pocket, value 2 d. a handkerchief, value 2 d. a snuff box, value 2 d. eighteen-pence, and three-pence halfpenny, the property of the said John Haseltine .

HANNAH HASELTINE sworn.

I am wife of John Haseltine . I never saw the prisoners in my life till I was coming up Parker's-lane , with a halfpennyworth of chips, last Friday week; there were a great many people: I was knocked down: it was between four and five in the afternoon: I had eighteen-pence, threepence halfpenny, a snuff box, and a pocket handkerchief in my pocket; and the two prisoners and several more shoved against me, and tore my pocket from my sides. I am afraid to give my evidence, from what I hear by people in the yard, who are the prisoners acquaintance: I saw the woman prisoner take my pocket; it was tore from my side: I saw nothing in her hand: I was afraid she would cut my flesh: then they went away, and I went home directly: I never found my pocket or money: I never saw the prisoners again till I saw them at the justice's: I was sent for to go to the justice's, and have not seen them before or since, till now.

Prisoner. Which way do you get your living? - A hard working woman.

EDWARD TREADWAY sworn.

I only apprehended the prisoners.

MARY GOODALL 's DEFENCE.

Last Friday was a week the prosecutrix was coming down Parker's-lane with an apron full of chips, and very much intoxicated; she fell down; and there were several fellows about her; I saw her naked breasts exposed in the open streets; I went to pin her clothes over; and she said, I robbed her of three half crowns: I have three good witnesses.

The prisoner called three witnesses to her character.

BOTH NOT GUILTY .

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

Reference Number: t17900915-86

673. ELIZABETH GREEN was indicted for feloniously assaulting Richard Davy on the king's highway, on the 24th of August last, and putting him in fear, and feloniously taking from his person and against his will one canvas bag, value 1 d. and twelve shillings in monies numbered, his property .

RICHARD DAVY sworn.

I am a little bit of a pedlar : I am an old man, not fit for any thing; I am sixty-four: I lodge in George-yard, Whitechapel. I lost all my money last Sunday four weeks, between nine and ten at night, at the sign of the Virginia Planter; I had been in there getting a little beer, and I gave her a part of a pint of beer, or two pints, I believe there was; I was at a chandler's shop, and the prisoner followed me to the Virginia Planter, and I gave her part of a pint or two of beer, and a quartern of gin; I paid for my beer, and pulled out my purse, and was going out, and put my purse into my coat pocket, my breeches pocket not being so handy; the prisoner looked at the purse in my hand, but I did not think she wanted to take it away from me; just as I opened the door I felt somebody at my pocket, and I saw my purse in her hand, and she set off; and she did run at such a rate, nothing could be like it, till she got among a gang of thieves, and the gang of thieves tumbled me about, and took a silk handkerchief out of my pocket, and all night long they were ranting and roaring at a terrible rate; I took her up the next day; I came to the Virginia Planter , and told them I was done; my money was gone; they did not leave me so much as would buy me a halfpenny-worth of bread; I only swear to twelve shillings, because I would not false swear: I could not find my purse and money; I desired her to deliver it up: I borrowed my handkerchief, and had four shillings to pay for it since.

Court. How long had you been at the Virginia Planter that day? - I had been walking down the hackney road, and had got a little in liquor to be sure, a little matter.

I suppose you do not give these sort of people beer and gin when sober? - I did not think any harm; sometimes when I have got a little drop of liquor I have given a man a pint of beer.

Perhaps you cannot tell how much liquor you had had; you was pretty forward in liquor? - No, not vastly forward; I knew the purse directly; a nasty black canvas purse; there was nobody but her and me coming out at the door; there were several people in the house; I ran after back; and the further I ran, the further I was behind.

Are there any of the people of the Virginia Planter here.

PRISONER's DEFENCE.

Gentlemen, the prosecutor came in with three girls; I was standing at the door; in about a quarter of an hour he came out with these three girls, and took them to the Virginia Planter; he went round the corner, and in about five minutes he was licking two of the girls: the man never spoke to me till Monday; he said, I had robbed him of fifteen shillings.

The prisoner called one witness to her character.

GUILTY of stealing, but not violently .

Fined one shilling , and imprisoned twelve months .

Tried by the first Middlesex Jury before the Lord CHIEF BARON.

Reference Number: t17900915-87

674. EDWARD COSGROVE was indicted for feloniously breaking and entering the dwelling-house of John Padden , Mary, the wife of John Padden , being therein, about the hour of five in the afternoon, on the 15th of August last, and stealing therein a white linen apron, value 2 s. and two check linen aprons, value 4 s. the goods of Ann Carr .

ANN CARR sworn.

I live at No. 3, New Turnstile, Holbourn , at John Padden 's house. On Sunday, the 15th of August, I went out in the afternoon, about one o'clock, and my son returned at five, and found this man; I left my things in the drawers, and when I came home about six the apartments was open; I double locked it when I went

out: one apron was taken off the back of the chair, and two out of the drawers; nothing was taken away; they were lying on the ground: I did not see him till I saw him him at the justices.

Prisoner. She said, she would not prosecute me if it was not for the constable.

CHARLES CARR sworn.

I am son of the last witness. On the 15th of August, about five in the evening, I came up stairs from church, and saw this man in my mother's room; and when he saw me he came out, and went down stairs: the door was not locked: I ran after him, and I asked him what business he had in that room? he said, what room? he was in no room there: I followed him into a publick-house, and I told the landlord, and he sent for a constable, and he was taken into custody.

Who was in the house? - The landlady.

Did you see her? - No.

Is Mrs. Padden here? - No.

THOMAS DYER sworn.

I attend Mr. Walker's office: some people came for me, and I apprehended him; and I found seven keys, and I afterwards had the keys, and one opened the door as well as her own.

PRISONER's DEFENCE.

I went to see for some linen that Mrs. Butler had to wash for me, and I forgot the number of the house, and I asked a baker, and he told me No. 3; I went and met a woman, and asked her, and she said, she did not know; I found a door open, and I went in; and the boy came up, and he asked me what I was doing; and I said, I wanted Mrs. Butler, and he followed me, and several others, and cried, stop thief! I went into a public-house, and they sent for this constable, and he took me; I found these keys, and some other things in a bundle; I shewed them to an acquaintance of mine, and I said, I should sell them. The boy swore he found the two aprons on the stairs. This constable wanted to be bound over, and the justice would not let him.

Court to Dyer. Where did you find the keys? - I felt down the outside of his pocket, and they were not there, and I put my hand into the inside of his breeches, and I found these false keys. What he said respecting my being bound over is false, my lord.

Prisoner. My lord, I once found a bunch of keys, and I gave them a person, and eight of them would open her drawers.

Court to Dyer. Did you hear the boy say any thing about the aprons? - He said they were on the floor.

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

GUILTY of stealing only .

Transported for seven years .

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

Reference Number: t17900915-88

675. ELISHA COLLIER , JOHN MONK , and SARAH SHARP were indicted for burglariously and feloniously breaking and entering the dwelling-house of William Wallis , about the hour of three in the night, on the 9th of July last, and burglariously stealing therein two pieces of printed callico, containg fifty-six yards, value 30 s. his property .

(The witnesses examined separate.)

JOHN ABRAHAM sworn.

I am servant to Mr. Wallis, a linen draper , No. 128, Cheapside . On the 9th of July, in the evening, about ten, I locked the doors very safe: I do not sleep in the house; my master and the rest of the house sleep there: I locked the warehouse, which is the lower part of the house, and gave my master the keys; the prints and all were safe, and no windows broke; and in the morning a young man that came to dress my master opened the door; he is not

here; I found the glass window broke quite out, one square, and this long stick inside; the window is next the street, with an iron bar before it; and we missed a piece of print (a long stick produced, with two large fish hooks at the end); there were iron bars before the windows, therefore there was no other way of getting these prints out; the prints have since been found; they were marked; I am sure they were there over night.

BENJAMIN DIXON sworn.

I am a watchman in Redcross-street, facing Jewin-street, a quarter of a mile from the prosecutor's. In the morning, about twenty minutes before four, I was going into Well-street with a pint pot, to get some water at the pump, I saw the prisoners coming down Well-street; they passed me, and my brother watchman, Robert Briant , stopped the woman; she appeared to have something particular with her; he asked her what she had got? and she said, some linen a woman had given her in the street, to carry to her mother, to wash; he asked her what it was? she said, she could not tell; we took her to the watch-house; the two other prisoners were with her abreast: the constable, John Newman , examined her, and found these two pieces of linen: we all went after the men, and met with them in Barbican, and we brought them to the watch-house; and they took them to the Compter as well as the woman: we did not stop the men because they did not seem to have any thing about them; they went down Well-street together, and turned the end of Jewin-street: they did not run when we laid hold of her, they only walked; they did not seem to take any notice: I am sure the two men I saw in Barbican were the two men I met in Well-street; it was daylight, between three and four: we did not suspect the men at the moment, or we should have stopped them.

Prisoner Sharp. Did not you say you saw nobody in my company, only you saw one man speak to me, who was a hard working man? - I said, she was in company with two men.

ROBERT BRIANT sworn.

I am a watchman in Well-street, and part of Jewin-street: soon after I had been half after three, I saw the three prisoners, about ten or a dozen yards before they came to me; Monk came first, Sharp next, and Collier last; they all three passed me; I thought the woman had a child at first; they all three passed me; but she not carrying it like a child, I asked her what it was? she said, linen to wash; I opened one corner, and found it was not; and we took her to the watch-house; the men went on; we did not suspect any of them at first; the men walked away; one up a court, the other for Aldersgate-street; after we came the man went through Bull Head-court; it is a thoroughfare all day and night; I live in the square of the court; we opened the bundle, and found the things that are here; then we went after the two men; Nixon and two patrols went to Barbican, and me and the other patrol to Jewin-street; the party that went to Barbican took the two men; but I did not; I knew them again; I never saw them before to my knowledge; I had an opportunity of seeing their dress, and persons; one had a round hat on; these are the two men; I can swear to their faces, though they had a different dress on; it was perfectly light; day breaks between two and three.

JOHN NEWMAN sworn.

I am a constable of Cripplegate, without. On the 10th of July, about a quarter before I saw the woman prisoner brought to the watch-house, I saw the two men, one was on one side of the step, the other appeared just parted from him: on searching the woman I found this hook, which answers to the purpose of those hooks on the stick, and this duplicate, in the name of Elisha Collier , was found on her side after she came in; but he did not stand on that side; she had but one duplicate upon her; it was just such a thing as this: the watch-house

was not quite light: I did not read the name on it.

Was it possible the duplicate could come out of his pocket in the place where it was found? - It was not possible.

Prisoner Sharp. Are you sure I had a duplicate in my pocket? - It was a bit of paper in the shape and make of a duplicate; I am positive sure it was a duplicate.

WILLIAM NEGUS sworn.

I went up Barbican, and met the two men prisoners; I am certain they were talking together: I laid hold of John Monk , supposing he was one, Nixon laid hold of the other; we took them into the watch-house; they denied being in company with the woman, and we took them to the Compter; I was present when they were searched; a duplicate was dropped, and picked up by me; I could not positively swear she dropped it; but it was under her; the other prisoners were on the other side of the watch-house.

Prisoner Sharp. When you picked up the duplicate did not you see it was a handkerchief, and did not I say it was not mine? - I did not tell her what it was for; she at first said she dropped it, and afterwards denied it.

Jury. Which was first, you or Newman? - I was the first.

How long before Newman? - Three or four minutes.

JOHN NEGUS sworn.

I am a constable and patrol: I produce these things; they have been in my custody ever since.

(Deposed to by John Abrahams .)

They were in our warehouse the 9th of July, at night, and they were missing the next morning at ten; they have both my mark.

PRISONER SHARP's DEFENCE.

I know nothing of these men: I live with Mrs. West, in Old-street, when I was out of place; and the night before I was taken up I had been to my uncle's in the Borough, and coming home early in the morning, I crossed over by the Mansion-House, and there was a load of gravel, and underneath it was this cotton, and that hook was in it, and I put it into my pocket.

PRISONER COLLIER's DEFENCE.

I got up soon that morning to go to work, and I went round to delay the time, and this man stopped me.

PRISONER MONK's DEFENCE.

I was going across the way to my shop, and was taken.

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

The prisoner Collier called one witness to his character.

ELISHA COLLIER , JOHN MONK ,

GUILTY of stealing .

Each imprisoned six months , and whipped .

SARAH SHARP , GUILTY of stealing .

Six months imprisoned , and fined 1 s.

Tried by the London Jury before Mr. COMMON SERJEANT.

N. B. William Hopkins served on the 7th day, on the London Jury, in the room of William Mee .

Reference Number: t17900915-89

676. REBECCA SYMONDS was indicted for feloniously stealing, on the 27th day of July last, eighteen yards of black silk lace, a cotton gown, value 12 s. five yards and a half of muslin, value 40 s. a shirt, value 5 s. a shift, value 4 s. four muslin neck handkerchiefs, value 12 s. a shawl, 4 s 6 d. and two hundred steel needles, value 1 s. the property of John Prior , in the dwelling-house of William Falcon .

JOHN PRIOR sworn.

I am a carver and gilder ; I live at No. 4, in Stephen-street, Rathbone-place,

present; I did live in Shoe-lane the 27th of July, about the middle; I lodged a week or two at Mr. Falcon's the White Lion, in Shoe-lane ; I lost the things in the indictment; I went out on the 26th of July, and left my trunk at my lodging; I gave the key to the servant girl, which is the prisoner, because we had two curious dogs, for her to take care of them; and when we returned, on Wednesday the 28th, the box was broke open, and all the things in the indictment were gone; the room door was fast when we came home.

Mrs. PRIOR sworn.

I am wife to the prosecutor; when I came home my landlord said, why did you leave your box open? it was open, and the things gone.

WILLIAM FALCON sworn.

I keep this house; on the Friday preceding the 26th, the prosecutor and his wife went out, and left the key with the servant to clean out the room; she did clean the room, and they gave her four shillings for her trouble; on the Sunday they left the key with her, and on the Sunday evening, their not coming home so soon as we expected, the servant left the key with me; on the Monday morning, about one, they came home; on the Monday they went out again, and left the key with the servant; the two dogs I believe were not there; their not coming home on the Monday night, I was under some alarm about the property which they had told me of; I had a great mind to take the box into my own room, but, as I was alone, I did not think proper; on the Wednesday night, their not coming home, I did open the room; then the box was on the bed, and laces and other property was separate in confusion about the room; I called to the prisoner, who lay on the same floor, and had been sent up to bed ten minutes before; I asked her how these gentle-people left their property; and she said, as it is now, Sir; and I said, what, with the box open, and the window open, and all the things about the room I and she said yes, they did, Sir; I immediately went to bed, something easier than I was; on the next night, when they came home, I asked the gentlewoman how she left her property; the prisoner was present; she said she had left her box locked, and the things secure; then I said, I think all is not right, but the prisoner offered her service, and said I will go up with you, and take the candle: when they came up stairs the gentleman missed this property; I was sent for, and when I came, the prisoner was wringing her hands, and declaring her innocence; I said, it is very extraordinary how this could happen, how did you leave the things when you cleaned out the room? then the box was locked; because, said she, I had occasion to look under the box, and remove it; she said, if I die for it, I will speak truth; then I said, how came you to tell me last night that the box was left open, and the things about: the drawers in the prisoner's room were searched, but nothing found; I cannot tell whether she had been out or not; after I apprized her of the danger she was in, she said -

Court. Then I must not hear what was said.

PRISONER's DEFENCE.

I was never in the room at all; when the lady delivered the key to me, I delivered it to the bar immediately; I had no time to go up; there was a very great skettle-ground behind the house, where the window looks into, where there is a great deal of gaming the beginning of the week, and great beams that come across, any person might get in.

Falcon. Whether I had any other servants I cannot say; people might probably get into the house.

NOT GUILTY .

Tried by the London Jury before Mr. COMMON SERJEANT.

Reference Number: t17900915-90

677. MARIA M'KENZIE was indicted for feloniously stealing, on the 8th day of June last, a gold watch, value 10 l:

a gold seal, value 10 s. a gold watch hook, value 5 s. a gold key, value 2 s. a metal watch key, value 1 d. a silk ribbon; value 1 d. the property of Samuel Playsted , privily from his person .

SAMUEL PLAYSTED sworn.

I am an attorney in Barnard's-Inn; I do not sleep there: on the 8th of June, in Fleet-street, I had been at the Globe Tavern, and walking up from thence to my lodging, it was about a quarter after one, in Johnson's-court, Fleet-street , the prisoner at the bar met me; I was walking with my hands rather behind me, thinking on other things; I had not the least conception she would address herself to me; she was without a hat or cloak, in a very dirty dress, and the instant she came close to me she put both her hands round me; being much surprised, I rather swore at her, and she put her right hand towards the right side of my breeches; I suspected it to be improper conduct in her: she left me, and a few yards after I knocked at the door in Johnson's-court, and feeling for my watch to wind it up, I found I had lost it: I found the breeches pocket was turned inside out: my money in my waistcoat pocket that was not lost: I described the prisoner accurately, for her face was close to mine; but the most pointed thing by which I can speak, exclusive of speech, countenance, and dress, is, that she has lost the right eye, or appears to be blind, and it was by that leading feature that I described her: she was taken up about five weeks after: I never found my watch again: I was perfectly sober.

GUILTY

Of stealing, but not privately.

Transported for seven years .

Tried by the London Jury before Mr. COMMON SERJEANT.

Reference Number: t17900915-91

678. CHARLES EMBERY was indicted for stealing, on the 21st of July last, three pieces of cotton cloth, called chintz, containing twenty-one yards, value 38 s. the property of the United Company of Merchants trading to the East-Indies .

HAILES ROBERT BRISTOW sworn.

On the morning of the 21st of July, while I was on my duty, as landing waiter of the Customs, at Wiggins's Key , some chests of tea had been plundered, and about an hour after the prisoner was coming on shore, I desired he might be examined, suspecting he had some tea: the prisoner disliked to be examined: I sent for a constable: he slipped out of his coat directly, and ran away: when the constable came, he was taken again, and the constable undid his waistcoat, and between his shirt and his waistcoat he took out one piece of chintz: I ordered him to be further examined, and two other pieces were found in his breeches: there was a hoy adjoining, belonging to a Bengal ship, very near to the hoy I was at work on: I went into that hoy afterwards, and saw such sort of goods.

Mr. Garrow, Prisoner's Counsel. The mode of importing Chintz into this country is in a number of bales, carefully packed, or sewed up? - Yes.

Had he any knife, or other instrument about him, capable of unpacking it? - His pockets were not searched in my presence.

These goods are not imported into this country for importation here? - They are not permitted to be sold here; they are very frequently smuggled.

JOHN JACKSON sworn.

Suspecting the tea was smuggled, I said, I should rummage every one that came out of the hoy; Mr. Bristow said, there is a man coming up the lighter now; I immediately took him, and found the things; the things were about his thighs, and round his waist.

Mr. Garrow. He must have had an opportunity of privacy? - I never found any so wrapped round.

HENRY DICKINSON sworn.

I am an East-India warehouse-keeper; I was informed there had been a robbery,

and that the goods were brought to the warehouse to be compared; I immediately went to the warehouse, where I found the constable, and several people, examining different bales; I was not present at the beginning of the examination; in the second bale I saw a hole in the wrapper, and there was a deficiency found.

There was no bale ticket in this bale? - I have not the invoice here; I have an extract from it; it contained damaged goods; it was an uncertain quantity, and a variety of goods.

From the appearance of the bale, could you, who are used to these sort of packages, judge whether that bale had been opened or not? - I did not see the outside package, but from the whole of the inside package, it appeared to me to be, what we, in the usual warehouse phrase, call plundered; the inside package the wrapper had a hole cut through it.

(The property produced.)

Court. I cannot hear what was in the invoice, as the invoice is not here.

JOHN GWILLIAM sworn.

I am the King's officer at St. Helen's warehouse; I have the telling of these goods; I found deficient in one bale sixteen pieces, and in the other ten; it appeared to have been opened; I did not minutely examine it.

RICHARD WALLIS sworn.

I am a company's officer; I take my orders from the warehouse-keeper; I perceived, by the appearance of these two bales, that they had been plundered, and the men opened them.

Did you look at the other parcels that were left in the bales? - I did, at all of them.

Dickinson. I compared the pieces that were found on the prisoner with the contents of these bales, and there was an exact similarity, the same sort of goods precisely, though I suspected that the piece of coloured goods was taken from a bale where a piece of the same sort was not left in the bale; but I compared it with the goods of the other plundered bale, and there was the exact pattern.

Mr. Garrow. I understood you that they were both of them ullage goods? - The one that I saw open was, the other I rather think was a compleat bale.

Court. Which of the bales was it that corresponded with these goods? - From the ullage bale; but there were goods like these, which are ullage goods, in that bale, excepting that bale was described as perfect goods, and there is an imperfect bale.

This is an imperfect piece? - This is a piece that would not be sold at the Company's sale, as a piece of sound goods.

Do you mean to say then, that you suspect that they came out of the perfect or the imperfect bale? - I suspect that they all came out of the imperfect bale.

JOHN BOLTON sworn.

I am a labourer; I opened the bale; it contained sixteen pieces short.

Did the bales appear to have been opened? - When I uncorded it, the inside wrapper was cut or torn; it appeared to have some trick played, and every appearance of plunder.

Court. How was the inside torn, without the outside being hurt? - The other man will explain that.

JOHN THOMPSON sworn.

I cut the rope of the bale, and I found some part of it cut before I put my knife to it, and likewise the wrapper was torn or cut: the cords of the outside package had been cut before, and the inside wrapper either cut or torn; that was a small bale: I cannot tell the number of it.

Dickinson. That is the ullage bale.

WILLIAM HOW sworn.

I took the prisoner into custody; I came down to the quay; the man stood in the corner: he begged I would not search him on the quay; I took him to the house, and

immediately proceeded to search him; in his left side, between his shirt and his waistcoat, by turning up his apron, I discovered the folds of a piece of this chintz stick out; I then unbuttoned the waistcoat, and took a piece out, and two pieces out of his breeches; I immediately took him to the Compter; after he was in the Compter, I asked him how he came by them; he said he brought them out of the hoy; I said, what was one of the chests broke then? he said no, you know they come in bales; he did not say what part of the hoy he was in; he afterwards said he bought them at Rotherhithe, and paid a waterman to bring him on shore; that he stepped over the hoy to get on shore; I next felt the outside of his breeches pocket, but did not put my hand in; he said he had some halfpence and his ticket; I thought I should have felt a knife if there had been one; there was nothing about him that I felt that could cut the bale, or sew it up again; I went to the India warehouse, and examined the bale; the outside stitches were of a different coloured thread to what the original stitches were; there was a knot at the beginning of the sewing, and a knot at the end of it of a different colour; the cords were cut across, so that it is impossible ever to get them two ends of the cord to meet again, and the inside wrapper was cut, with a gash, I suppose, six inches long.

- BALDWIN sworn.

I saw the prisoner jump down out of the lowest deck into the hold, and go on shore; what he had I do not know.

GILBERT HASLOP sworn.

I am a labourer; I opened one of the bales; I found it had been cut open, and plundered, that was the ullage bale, and ten pieces were short: it seemed to be plundered; one end of it was quite low, but it had been sewed up again.

PRISONER's DEFENCE.

I have witnesses here, one that saw me buy them, and the other that I borrowed the money of to purchase them.

THOMAS HALL sworn.

I am a silk-dyer in Brick-lane, Spitalfields; I have known him from a child; he worked on the quays; a ticket porter; always bore a good character, till the present; I have never knew any thing to the contrary, and I have known him three or four and twenty years.

The prisoner called five more witnesses, who had known him many years, who likewise gave him a very good character.

SARAH PARNELL sworn.

I have known the prisoner sixteen or seventeen years; he had a very good character as far as ever I knew; I was the person that was with the prisoner when these three pieces of chintz were bought at Rotherhithe-wall, the 21st of July, on a Wednesday morning.

Who did he buy them of? - There were three or four sea-faring men; I was going down to Greenwich in the morning; the prisoner asked me to go with him; I was glad; we met with three or four men, that asked us to have a piece of handkerchiefs; there was some handkerchiefs muslin, and these three pieces of chintz; we went into a public-house, I think, to the best of my knowledge, the sign of the Cross-Keys, Rotherhithe-wall; they asked us twenty-five shillings for this piece; the prisoner offered them a guinea, if I thought they were worth it; but he had not the money about him, and he left me at the publick-house, while he went to borrow it; he bought them at a guinea a piece, and he paid for them; he took the pieces; he asked me if I had a handkerchief; I told him I had not, nor I could not go home for one; I was obliged to go to Greenwich; I cannot tell what he did with them; he said he would take them home directly; and I went to Greenwich.

Did they appear to be foreign? - I cannot judge.

(Shewn to her.)

Was any body present? - Nobody, but the prisoner and me.

I believe they were pieces like this? - I do not know, for I did not mark them; I only thought they were worth the money.

Court. What time did you meet him that morning? - I met him on the quays, in Tower-street, as I was going to take boat; it was between seven and eight in the morning.

How did you go down to Greenwich? - I walked it; I crossed the water at Execution-dock, and went to Rotherhithe; he went with me; we gave twopence a-piece.

He was to go with you to Greenwich? - Yes, he was; but he did not.

How came he not? - Because he said he should carry the pieces home which he had bought: I went on to Greenwich; I parted with him about nine in the morning, at the Cross-keys; I cannot tell what became of him: when I returned, I heard he had been stopped with three pieces of chintz.

THOMAS GIBBS sworn.

I live at Rotherhithe-wall; I am a hairdresser; I have been acquainted with the prisoner seven or eight years.

Do you remember seeing any thing of him in the month of July? - He came to me in the month of July, near the time.

What time of day? - About eight in the morning; and he asked me the favour to lend him a couple of guineas: I knew him to be of a good principle, and I went up stairs to get it: he said he was going to buy something; I did not take notice: I am a journeyman; I was in my business, combing a gentleman's wig.

How soon afterwards did you understand he was in trouble? - Two days afterwards.

Court. Where do you say you live? - Rotherhithe-wall.

Is there such a house as the Cross-keys there? - Yes, I believe there is; I never was in the house in my life; it is some distance from our house, two or three minutes walk.

How long have you been acquainted with him? - I have been acquainted with him seven or eight years; I have been out with him in company.

Have you often lent him money? - I lent him once a trifle, and he paid me to my satisfaction.

Had he generally such a sum of money as two guineas in his pocket? - Yes, he always paid very creditably; I never saw any thing dishonest of him in my life.

CROFT JACKSON sworn.

I live at Walworth; a surveyor to the East-India company; I know the prisoner; I have seen him before; he has worked in the craft where I have been delivering the hoys on the quays; he always seemed to work very well, and was very honest and solid.

I understand he wishes to examine you as to the mode in which the men do their work in the hoys? - There is myself in the hold of the hoy, and two belonging to the King, to take care nothing is pilfered out of the hoy: that day, the 21st of July, the stern of the vessel could only get in; we had no occasion to lay over the after-part of the hatches, because the crane would not reach beyond the beam; we had to roll the bales from forward all the way aft to the crane, before we came to the property; that was the way that the hoy was delivered: he was not there that day; there were three in the hoy delivering her.

Court. In the bale hoy? - In the bale hoy that day.

Could the prisoner then have opened a bale in the hoy, and have sewed it up again? - He was never in the inside of the hoy, if he was on the dock; I do not know; I was in the hold all the time: upon deck, he must have been in view of many people; it was impossible: there was one bale, I observed, was rather slack; it was tied up with foreign thread; where it was done, I cannot say; it was not done in the hoy; it was done before she was unloaded: but there was not a broken package that day; which is generally the case.

How long had the ship delivered those bales into the hoy? - I believe, the day before; she was just arrived.

Court. How do these hoys lay; what

quay was it? - I do not remember the name of the quay; it was a little above the Custom-house.

What other hoy besides the bale hoy was there? - There was one that was close to the quay, which was a tea hoy; the bale hoy laid adjoining to the tea hoy.

What vessel laid next to the bale hoy? - I think they were sugar-lighters, but I cannot be so positive to that.

Were there a great number lay out for a good way? - A great many sugar-lighters about.

Is that a place where small boats come in or ply? - There is the stairs just by.

How near were the stairs? - About the length of a hoy.

From it or to; which way, up or down? - There is one just above, and another just below, both ways.

Are those stairs kept free for boats to go in and out? - They are blocked up frequently in the day.

I suppose, when they are blocked up, the people come over the lighters or hoys, or whatever is near? - They get on shore in the best manner they can, and there are steps to get up on the quay.

How high is a hoy out of the water? - Sometimes four foot, six foot, eight foot, out of the water; the sugar-lighters laying close to them, you may easily step out of one into the other.

JOSEPH FRANKLIN sworn.

I am one of the King's watchmen; I belonged to the bale hoy; I am one of the persons appointed to watch, to superintend the work; my express business is to see that they do not plunder; I have seen the prisoner by frequently being there as a ticket-porter; I am quite certain he was not on board the bale hoy on the 21st of July; he was not in the hoy, nor on board, for what I know.

Could he on that day have opened a bale, and have plundered it, without your observing him? - Which way was it possible, when he was not there?

Could he by any means have plundered a bale in that hoy? - It is not possible; because he was not there to do it, and when the bales go up; they go on the crane; but he never was below, nor no man else, ever to plunder; there are three of us there.

Did you observe any alteration in one of the bales in any part of its sewing? - I cannot say; it is Mr. Jackson's business.

Court. Was you there from the time that the hatches were unloaded? - The hoy came up between seven and eight; we boarded it; and in half an hour after she began to work.

Was you there from the time that her hatches were unloaded? - The whole time; we never stir from the place as soon as we get entrance to go down.

You was in the hoy then as soon as this man was stopped? - Yes. I heard there was a man stopped.

Had you any curiosity to go and see who it was? - That was impossible; we are not allowed to go out of the hoy.

How long do you remain in the hoy? - Till she is cleared; let her remain as long as she will, if it be a week: we are allowed three hours in the day to go on shore, when she is locked up; and then one remains there.

But you do not lock down the hoy while you go to dinner? - There is no necessity, because the hoy was out; but we never move, nor go away, till the hoy is locked down; not one of us is allowed to go on shore; we are obligated both of us to be on board, only three hours out of the twenty-four; therefore it was impossible.

GEORGE MOLD sworn.

I am the other King's watchman; I went on board the bale hoy in the morning, as soon as she came up; it was in the morning her hatches were all safely secured: I continued in the hoy till she was completely unloaded; I was in the hold, as my duty was.

During all the time that hoy was unloading or delivering her cargo, was the prisoner in the hold? - He was not.

Had he any opportunity of plundering

the hoy? - No man could: the hold was searched on the alarm, and the three men in it were searched directly; the hoy was out, and our superior officer came: I know nothing of the man.

- BAKER sworn.

I am foremen of the labourers: I was on shore: the prisoner was not at work there that day.

Was you withinside of the bale hoy? - No; it is not my business.

Edward Shorland called, but was not well.

FRANCIS WILLOUGHBY sworn.

I was one of the company's labourers, from the time it began till it was ended: upon my oath the prisoner was not there at all; there was only three of us employed.

He had no opportunity of plundering then? - Opportunity, Sir! a man could not plunder if he was not there.

RICHARD HURD sworn.

I was one of the labourers employed in the hold: the prisoner was not there during any part of the time.

WILLIAM STANTON sworn.

I am an extra porter. I have known him between four and five years, an extraordinary good character; I never heard any thing amiss: I understand that there is a person that has given evidence against him, that was in expectation of having a place from the East India Company; I mean one Jones.

Court to Mr. Bristow. You, I think, was the witness that told me you was at the water side attending the landing? - The next hoy to that.

Who was the officer that was attending the bale hoy? - His name is Heathfield: I knew nothing of the transaction till after the man was apprehended.

It seems he came on shore from this hoy? - Yes: he must have passed from some other vessel; the situation of the two hoys was in that direction, that he must have come to the best of my knowledge immediately out of the bale hoy.

What vessels lay beyond the bale hoy? - I really cannot say; there might be a number of sugar lighters.

How are the stairs situated where the people land? - I cannot say whether the stairs were obstructed by boats or not; I had no suspicion of their coming from any place but the hoy; I first considered it a smuggling business, and gave directions to seize the hoy, till the bale appeared to be plundered.

But that bale was sewed up again? - I only go so far as to say the possibility that a man might have concealed himself behind the bales, and opened it.

Dickinson. I understood there was a man that was to prove that he was seen beckoned into the hoy? - There is a ticket porter of the name of Baldwin, that says he saw him beckoned into the bale hoy.

TATTENHAM BALDWIN sworn.

I was at work in the crane.

How near is the crane to the bale hoy? - The chain runs into the bale hoy, to get the goods up: I cannot say how long the chain was.

Did you see any thing of this prisoner that morning? - Yes, I did; there was a lighter of cotton that laid close to this bale hoy, and he laid on the lighter of cotton for some time; then I saw him jump off the deck into the hold of the hoy; he came off of the cotton into the bale hoy.

Did you see him come off of the cotton into the bale hoy? - Yes.

How long did he remain in the hold? - A very little while, a few minutes: he went on shore over the tea hoy; but he was beckoned by some of them; when he jumped down he jumped down in a particular hurry: I saw the motion of the hand of some of them: there was Shorland was employed by Baker.

Mr. Garrow. What paper is that? - An account of the names of the people; I got a gentleman to write it down, because I would not be mistaken in what I should

say; their names employed were Shorland and Milday: I saw a motion from somebody in the hold; and I saw him jump down, and come up again presently; and there was only Shorland employed by Baker and Willoughby; Hurd was not employed that day at all, nor was not paid when we went to be paid; he was in the hold, but he was not employed.

How long did you see him on the cotton lighter? - A quarter of an hour as nigh as I can guess.

Dickinson. There is an observation that occurred to me; the committee of directors, that gave me orders to prosecute this man, desired I would use any means adviseable by the Lord Mayor to endeavour to find out the gang, if I could, as the company had frequent losses; at the examination I asked the Lord Mayor what was proper; he recommended me to go to the prisoner; I went back to the warehouse, and when I arrived there one of the porters in the warehouse, who I had employed at the water side, said, he knew this man very well; I took him to the prison with me, and I there asked him who were concerned with him in the business; he was very averse to say any thing to me; I thought it was on account of the turnkey being present; then we went into another room; I said to him, pray what is become of the rest of those goods? he said, he knew nothing but of four pieces; I said, I suppose you know how the rest were taken? he said, he knew nothing but of four pieces, and they went down into the hoy again: the other person is present that was with me, and in court: I asked the prisoner how many pieces were taken; he said, he did not know but of four pieces more; I said, had you your share? there were twenty-six pieces taken; his answer was, he knew but of four pieces more, and they went down in the hoy, that is down the river, when the hoy went away from the quays.

Court to Constable. Did I understand you right, that when you asked the prisoner how he came by these pieces that were found upon him, that he said, he had brought them out of the hoy? - He said so when he first came to the Poultry Compter; I am sure he said so at first.

You are quite sure he said so? - I am quite sure, on my oath.

Jury. We wish to ask the witness Baldwin, what time he saw the prisoner in the hoy? - I cannot tell the hour.

How long before the alarm of his being taken up? - About a quarter of an hour.

Mr. Garrow. Was you ever in the employment of the excise? - I was.

How long ago? - It is nine years ago.

Did you turn yourself off, or was you discharged? - No; I was discharged.

Is it a fair question to ask for what? - I can tell you what it was for.

If you please? - My lord, it was a few gallons of liquor laid against us before our board of excise; but nothing was sworn against us.

Did you say a few gallons or two? - I said a few gallons.

So, though nothing was sworn, you was discharged? - Yes; we were discharged on circumstances; it was found in the next ship, and they thought it came out of ours.

That is, in plain English, they were wicked enough to suspect you had stolen it? - No, not stolen it.

I believe you have said, that you expect a place under the India Company in consideration of your evidence? - I never asked such a thing.

Nor never mentioned it to any body? - I never in my life mentioned any such thing to nobody, upon my oath that I have sworn.

WILLIAM STANTON sworn.

I heard Mr. Jones mention that he was in expectation of getting a place, and this man together; they were both working together on the ground, at the scale.

Baldwin. I did not work at the scale at all.

Stanton. This was about a fortnight after; Baldwin said he was to be one too; then I said, I expect you will have a bit of

a place; why, says Baldwin, in my old age I shall have something done for me, I hope; Baldwin said that as well as Jones; I said, it is in the East India warehouse; says I, that is a pretty thing for you; says he, I desire no more.

Prisoner. The other man, Jones, would have been here, but he has fallen down and broke his hip, and is in the hospital.

Court. Is the constable a parish constable? - A constable of the ward of the tower.

Mr. Garrow to Dickinson. I understand this visit you paid to the man in goal was in consequence of the recommendation of the Lord Mayor; was the prisoner present when his lordship desired you not to say any more in publick? - I cannot be positive; I did stay after he was gone: the reason I took the person with me was, that he knew him.

Be so good to tell us whether it was not conveyed to this man by some means or other, that it would be better for him to speak out, or speak explicitly? - I said, who are your accomplices? without any introduction: he said, what is to be the consequence if I inform you? I said, I have no terms to offer; if you chuse to suffer me to convey any information to the office, I shall be ready to convey it.

Did not you feel, and do not you feel, that he did it in hopes of a benefit? - I thought he expected the benefit that he has had, that he was not indicted capitally.

Did not he expect favor in the prosecution? - Not in the mode the prosecution is carried on; I do not think he had any reason to expect it; I told him, I can have no kind of animosity against you, you have not robbed me; I am merely an agent.

NOT GUILTY .

Tried by the London Jury before the Lord CHIEF BARON.

Reference Number: t17900915-92

679. WILLIAM PORTER was indicted for stealing, on the 4th day of August , one wooden till, value 6 d. four hundred and forty-four halfpence, value 18 s. 4 d. four hundred and ten farthings, value 8 s. 6 1/4 d. and four sixpences, value 2 s. a knife, value 1 d. one stone seal, value 6 d. and divers other things , the property of John Grainger .

JOHN GRAINGER sworn.

I keep a publick-house in the Minories , the Peacock: I lost the things in the indictment from my bar.

- WILLIAMS sworn.

I saw the prisoner coming out of Mr. Granger's house; I live next door; he came out of the passage that leads into his yard: I went and asked Mrs. Granger if she had lost her till: I am sure that is the man; he crossed the way.

Mr. Garrow. You did not see him inside at all? - No, not near the bar window.

REBECCA GRAINGER sworn.

I am wife of the prosecutor. The prisoner was drinking at my house in the afternoon; he went out, and down a passage that leads into the yard; there is a window: he got the till out by some means: I did not see him at the window; the till is within a person's reach at that window: I do not know whether the window was open.

THOMAS GLASCOTT sworn.

I was in the house; and Miss Williams asked if Mrs. Granger had lost her till; I went out, and saw this man running down the street with the till; I saw it as he ran; he ran down America-square, and ran into a passage, and I lost sight of him; I turned again in the passage, and pushed open the door of a privy, and he was standing there, and the till by him; I took him and the till to Mr. Granger's.

EDWARD JOLLY sworn.

I am a constable: I produce the till; it was delivered to me by Mr. Glascott.

(The till produced.)

JACOB SPINOSA sworn.

I am a constable. I know no more than the last witness.

(Mr. Grainger deposed to part of the property.)

Prisoner. I leave it to my counsel.

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

GUILTY .

Fined 1 s. and imprisoned three months .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17900915-93

680. ANN COOLEY was indicted for stealing, on the 11th day of August , one mahogany tea chest, value 3 s. a looking-glass, value 2 s. and some other things , the property of Thomas Blackmore .

THOMAS BLACKMORE sworn.

I am an upholsterer ; I lost the things in the indictment on the 10th of August; I received information of some things; I went to the prisoner, and found her in a publick-house; she said she had stolen the things in the indictment, and told me where she had sold the feathers and the brass nails, and the horse-hair; and she said she had pawned the tea chest, and sold the other things part, and pawned part; I recovered part of my property: the people are here to whom she sold and pawned them.

Thomas Carr , servant to Mr. Phara, produced a tea-chest he took of the prisoner, to the best of his knowledge.

(The tea-chest deposed to.)

MARY HARRIS sworn.

I knew the prisoner; I bought a looking-glass of her; the constable has kept it; I trusted her: when she lodged in my house she was honest.

- BLACKMORE sworn.

I received this of Mrs. Harris.

- KENNET sworn.

I saw the prisoner; she acknowledged the whole in my presence at the publick-house, and in the parlour; the brass nails were sold at Mr. Dukes's; she said she pawned the other things: the glass was brought home, and delivered to me from Mr. Harris; I wrote upon the glass before it was delivered into the hands of the constable; I have frequently seen the prisoner in the prosecutor's house five or six months before the things were missed.

JOSEPH THOMPSON sworn.

I am a constable; I produce this looking-glass, which was delivered to me at Guildhall; I have nothing more to say, but that I heard her acknowledge taking of them at Mr. Blackmore's house.

PRISONER's DEFENCE.

I lived almost three years in Black-horse-court, Fleet-street: I went out to washing and charing, and she came to me, and asked me to chare for her; I took her for the mistress, and when she had no money, she bid me pledge the things; I never robbed man nor mortal.

Court to Blackmore. Did she tell you where she had them from? - She said she had them all from the servant.

The prisoner called nine witnesses, who all gave her a very good character.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17900915-94

681. WILLIAM FISHER was indicted for stealing, on the 19th day of July last, a leather pocket-book, value 2 s. the property of William Charles Drummond .

WILLIAM CHARLES DRUMMOND sworn.

I am a taylor ; I went to the Golden Lion , a publick-house, for a pint of porter; I sat down, and was a littledrowsy; I had not been up all night; the landlord came and asked me if I had lost any thing, and I felt, and missed my pocket-book: my watch and money were safe; I do not know whether the prisoner was in the house or not; the prisoner came in a few minutes afterwards, and the landlord accused him with it; he denied it, and the landlord told him the name of the person that saw him take it; and that person immediately said, he saw him; the prisoner immediately after struck that person over the head with his stick; I have no recollection of the prisoner being in the room.

Mr. Garrow, Prisoner's Counsel. This was about four o'clock in the morning? - I do not know; it was early in the morning; I cannot tell the hour; I rather think it was six.

I think you told my Lord you had not been up all night? - Very well.

Yes, but is that very well; had you been up all night or not? do I speak loud enough? - I was not up all night.

You take a long while to recollect it? - Why, I cannot talk so well as you can.

Had you really not been up all night? - I had not been up all night.

Where had you been in bed? - Where I should be in bed; where should any man be?

You ought to be in bed with your wife, if you had one; had you been in bed there? - No, I had not.

Cannot you help us to a little kind of random guess what time you went into the publick-house? - No, I cannot.

How long had you been up? - I do not know.

Where had you been before you went there? - I can partly guess; but I cannot say.

Try; guess, guess? - Why, I had been walking, taking a walk.

How many hours might you have been walking, taking a walk? - I cannot tell.

How long think you? - I do not know.

Cannot you help us to a guess about that? - No, I cannot.

Not within an hour or two? - No, I cannot.

What time had you gone to bed the night before? - Why, pretty early, to be sure. sure.

What time does that mean? - Why, may be, eight o'clock.

At what time did you get up? - Why, I very often get up in the summer time, to a walk, at one o'clock in the morning.

So you walked about for some handful of hours, and then you found your way into the Golden Lion? Did you know the young woman that sat along-side of you at the Golden Lion? - No, I did not.

Where might you pick her up? - I did not pick her up.

You never saw her before? - I do not know any think at all about a young woman.

Upon your oath, was not you mortally drunk? - Mortally drunk! I do not know what sort of drunkenness this is.

It is that sort of drunkenness, that, except you a witness, you have the good luck to be in from the first of January to the 31st of December.

What! to be drunk all the year round!

You was drunk, was not you? - Why, I might not be so sober as I have been sometimes.

How long was the young woman sitting, now, side by side with you? - I know nothing at all about the young woman, less nor more.

What was this pocket-book worth? - Two shillings.

Your watch was safe, and your money? - Yes.

Nothing in your pocket? - A book, no bank-note.

JOHN JARVIS sworn.

I am a drover; I was at this publick-house when Drummond was there; I went in about five; I saw the prisoner take Mr. Drummond's book out of his pocket; I am sure he is the man; the prisoner is a drover; Drummond was asleep; nobody was near him but me; my master, John Douglas , was in the room, but he did not not see it; there was no woman in the room; I told my master, and my master told the landlord; he was at the bar; the landlord came in, and sent for the prisoner, for the prisoner went out directly as he took it, from Drummond's left inside coat pocket; the prisoner said the girl and he had pawned it for two six-pennyworths; the prisoner struck me over the head with a stick, for telling the truth.

Mr. Garrow. He struck you for telling he stole it? - Yes.

He gave you a topper? - Yes.

Why, there was no woman in the room, was there? - No, not to the best of my knowledge, there was no woman at all.

That you are sure of? - Yes, nobody else.

That you are sure of? - I believe so.

You are very sure there was not a young woman sitting along-side the gentleman? - I am very sure of it.

Now, did not this man say that the woman had given him the pocket-book, and that he had left it for her, at the wine-vaults, in Long-lane? - What wine-vaults? he said he left it for two six-penny-worths; there was no other person there besides.

Did the prisoner say any thing to your master when he was stealing the book? - No.

Nor to you? - No.

Did you never say there was another person in the room, at the time he stole it? - I do not know that I did.

Then you never said that you heard him speak to another person about it, at the time he was stealing it? - No.

You cannot write, can you? - No.

You are a marks-man, mayhap? Do you know your own mark, when you see it; is this your mark? - Which of them?

Why the W? - No.

You swear that positively; did you make that? - No, I do not know I did.

Will you swear you did? - No, I will not.

Make your mark, my man? - What mark would you have me make?

The mark you usually make.

(Makes a mark.)

Now, my honest friend, was you ever examined at Guildhall, about this? - I believe I was.

Was not you examined before Mr. Alderman Wright? - Yes, I was.

Before him you told the whole truth? - As far as I knew.

It was taken down in writing? - Yes.

And you made your mark to it? - I did.

To Prosecutor. Did you see him make his mark to this? - Upon my word, I do not know; I do not remember, indeed.

Now I will read to you what you swore before the Alderman:

"That the prisoner, William Fisher , now under examination, took the said book out of the said pocket of the other informant, and put it in his apren: and also heard him ask another person to stand before him, while he committed the said theft, of which circumstance he informed the said landlord:" now, upon your oath, did you swear so before the Alderman? - I did say it.

How came you, not a minute ago, to tell me there was no other person in the room, but your master, the landlord and you, and the sleeping man; who was this fifth person that the prisoner desired him to stand before him, while he committed the theft; was there any body else there? - Yes, there was.

Then, what made you tell me just now, that there was nobody else? then that is not true? - It was not true.

Did he desire somebody else to stand before him, while he picked the man's pocket? - You go too fast for me.

Who did he desire to stand before him, while he picked the man's pocket? - One Charles Chapman .

Then Charles Chapman was in the room, was he? - Yes.

How came it you did not tell me Charles Chapman was there before? - I did not recollect it.

Did not you know Charles Chapman before? - Yes.

Did you know his name before? - Yes.

Why did not you tell the Alderman his name? - You will talk me to sleep, if you talk much more.

Did you know Mr. Drummond before? - No.

Was he drunk or sober? - I cannot tell that; I was about my work.

How long have you known the prisoner? - I cannot tell that.

How long has he been a drover in the market? - I cannot tell; before I was born.

You never heard any harm of him? - I never heard any good.

You do not think much good of him: - No; I do not think much good of you, neither.

ROBERT BELL sworn.

I am a constable; on the 19th of July I apprehended the prisoner in the middle of Smithfield; the prisoner told me he would tell me where the pocket-book was; I said nothing to him to induce him: he said it was at the Barley-mow, in Long-lane, and he would go with me; he went there, and demanded the pocket book, and said he had left it for two six-penny-worths the night before; the landlord took it from the till and gave it me; I asked the prisoner if it was the pocket-book; he said it was.

Mr. Garrow. Was you present when Jarvis was examined? - Yes.

You saw him swear to the examination? - Yes: I never saw Drummond before in my life: the prisoner said, that a woman and him had left it at the bar of the Barley-mow.

He denied he had taken it? - Yes, he denied he had taken it from Drummond.

STEPHEN STEPHENS sworn.

My father keeps the Barley-mow, Long-lane: on Monday, 19th of July, between six and seven in the morning, the prisoner brought a pocket-book, and asked me to let him leave it an hour or two, for fear he should lose it in Smithfield: I put it in a drawer: in three minutes after the officer brought him in: Cartwright, the witness, was with me at the time.

STEPHEN CARTWRIGHT sworn.

I am a hair-dresser: I was with Stephens: (deposed to the same effect:) he had some gin, and paid for it: in a minute Bell brought in the prisoner, and he came in and said let me have the pocket-book that I left over night for two six-pennyworths, with a girl: says Stephens, you did not leave it last night, you left it just now: is this the pocket-book? yes, says he: Bell took the prisoner away.

Prisoner. I leave it to my counsel.

The pocket-book produced, and deposed to by the contents; there were several bills and receipts, and bills of parcel in it.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17900915-95

682. THOMAS WILSON was indicted for stealing, on the 12th of August last, three pair of leather breeches, value 20 s. the property of Mary Robotham , widow .

MARY ROBOTHAM sworn.

I am a widow in East-cheap; I am a leather-dresser and breeches-maker : I only prove the property.

RICHARD FALCONER sworn.

I am a leather-dresser, and servant to the last witness: I was at work in our back shop: and a young man gave me information of the prisoner, and I took him with three pair of leather breeches; I have kept them ever since: he had them in his cloth apron; (produced and deposed to.) I took him in Cornhill; I never lost sight of him; the breeches were folded up in the warehouse, to be cleaned; I missed them directly; one pair is marked R. O.

Prosecutrix. I can swear to them all; one is a very remarkable stout pair; the other a gentleman had mended himself.

PRISONER's DEFENCE.

Coming along East-cheap I saw a young lad a little taller than myself, with the breeches under his arm; and he gave them to me, and told me to carry them along; and he went another way directly; my friends are gone home.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17900915-96

683. ANN FRANKLIN was indicted for stealing, on the 22d of July last, a linen frock, value 4 d. the property of Barnard Fitzpatrick .

BARNARD FITZPATRICK sworn.

On Thursday, the 22d of July, about nine in the evening, this child was enticed away from my door; we searched for him for an hour; and a young man brought him back; he had a cotton frock on.

ROBERT SNOOK sworn.

Coming down Cow-lane, I met this woman and a child; the child was crying, and saying that was not the way home; I immediately went up to the woman, and asked her whose child it was; and she said it was her brother's; the child had no frock on; I asked the prisoner for it, and she made no reply; it was in her lap; and I gave it to the constable, who was coming past.

(The frock shewn to the prosecutor by the constable.)

Court to Jury. Gentlemen, this is laid to be a linen frock, and it is proved to be a cotton one, therefore you must acquit the prisoner under this indictment: but as I think this is a most aggravated crime, and little short of murder, this practice of stealing children and stripping them, which occasions such dreadful distress to parents, who feel, perhaps, as much for their children being lost, as if they were dead; I shall therefore order the prisoner to be detained,

and tried again when the indictment is properly laid.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17900915-97

684. GEORGE JOHNSON was indicted for stealing, on the 1st of September , a stone-mason's iron saw, value 1 s. the property of William Meller and Joseph Bocock .

Another count, for stealing, on the 2d of September, another stone-mason's saw, value 1 s. their property.

And RACHEL DUKE was indicted for feloniously receiving the same goods, knowing them to have been stolen .

Court to Jury. Gentlemen, this is an indictment against the prisoner and an accessary; now it is laid as two petty larcenies: larcenies in the law have no accessaries; and the two petty larcenies cannot make one grand larceny; therefore you must acquit the woman, and consider only the case of the man.

RACHEL DUKE , NOT GUILTY .

JOSEPH BOCOCK sworn.

I was informed some of the tools were lost; and the prisoner Johnson was found in a house in Fleet-market; I sent for a constable, and he owned he had taken the two saws in question, to a house in Shoe-lane, to Mrs. Duke's, where they were found; he said they were the property of me and my partner, William Miller ; I went with the constable and prisoner, and found the saws; the prisoner owned he had taken them from our yard; we are stonemasons; I did not tell him it would be better for him; I found two saws were missing.

MATTHEW NIXON sworn.

I work for Messrs. Bocock and Miller. The prisoner took two saws out of the yard; and I found them in Shoe-lane; he had worked for us about a month or six weeks; the prisoner said he had sold them up at Shoe-lane; I knew nothing of it but from his own confession; I brought them from Mrs. Duke's, and have had them ever since.

(Produced one saw, and deposed to by three holes and a particular crooked rib.)

- BOLD sworn.

I am a stone-sawyer; I saw the prisoner untying the saws in the yard; I was at work; he took out the saws; he took one on the 1st, and the other the 2d of September.

Prisoner. I am sixty years old; and have worked for Mr. Bocock fourteen years; I never was in a gaol before; I was in liquor.

GUILTY .

Whipped .

Reference Number: t17900915-98

685. SAMUEL CLARKE was indicted for feloniously assaulting John Turnage , on the king's highway, on the 14th of August last, and putting him in fear and danger of his life, and feloniously taking from his person, and against his will, one base-metal watch case, value 2 s. a piece of silver coin, called a crown, value 5 s. one piece of foreign coin, value 4 s. 6 d. his property .

The witnesses examined separate, at the request of Mr. Garrow, prisoner's counsel.

JOHN TURNAGE sworn.

I have been a watchman, but was dismissed, being unfit for service: I live in Hill-street, Berkley-square, with Mr. Hill, at the Barley-mow. I was robbed the 14th of last month, exactly at two in the afternoon, the corner of Hay-hill ; I was going down Berkley-square, just facing Berkley-street; I did not want to see the sight, but it was when the men were in the pillory; near the top of Hay-hill, I felt somebody pulling at my pockets, two or

three times: I whipped my hand down, and I caught the prisoner with my watch-case, and two crown pieces, one a French crown piece, and one an English one, and he gave it to another man in a moment; then I caught hold of the skirt of his coat, and it began to tear, he trying to get away from me; but with the other hand I took him by the collar, and went down Brew-man's-mews: says the prisoner, I have not got your watch (he thought it had been a watch); that man has got it; says he, and pointed, and repeated it several and several times over; then I did not leave him till I got him into a coach.

The man you took hold of was the man in whose hand you saw it? - Yes: then he said, I have not got it, and pointed to the other, to whom he had given it.

Did he struggle to get away? - He struggled first of all, and I thought he would have been rescued by some of this gang; but I cannot say who is a rogue, and who is not; there was a vast crowd; I was pushed into the crowd; I never got any of my property again: I am a poor man, not able to bear expences.

Mr. Garrow. Then you expect some allowance when this is over? - I expect what they please to give me.

Have you never said you expected to get 40 l. by this? - I never did.

Have you never had any conversation with one James Hill about such expectations? - I never had.

Had you ever wore those two pieces of money in your watch-case, in your fob, before that day? - Very seldom.

Have you ever? - I do not know whether I ever did or no.

You carried it with the string hanging down, the same as a watch? - Yes, and a couple of iron keys to it; I did not know the men were to stand in the pillory that day.

The first thing that attracted your notice was a pulling at your watch-string? - Yes.

Nothing had been said to you before that? - Nothing at all.

No violence used against your person? - No.

No threats? - No.

No demand of your money, or watch, or any thing of that sort? - No, nothing at all.

How long have you been acquainted with Mr. Murray? - Not till I saw him at the justice's.

Does not he belong to Mr. Reid's office, in Poland-street? - That is more than I know: I met him about three times; he called at Mr. Hill's house; I did not then know that he belonged to Mr. Reid's office; I never heard him say one word about the reward of 40 l. I would not say a wrong thing.

Do you know such a person as John Croker , one of the patrol belonging to Bow-street? - No, I do not.

Did not you charge that John Croker with being an accomplice of the prisoner, and attempting to rescue him? - No.

Did not you promise, if two guineas were given you, you would contrive to throw out the indictment against this man? - No, I did not.

Never at all? - Never at all.

Do you know Mr. Hunt? - Very well; he is watch-house keeper; being a watchman, I must know him.

To Prosecutor. Have you any watch that belonged to that case? - Yes, there is a watch, and it is gone to be cleaned; I had the money three months before.

You know there is a reward of 40 l.? - I do not know.

You have heard it? - Never.

How long was you a watchman? - Almost 13 years: I never happened to hear that there was a reward of 40 l.

FRANCIS MURRAY sworn.

I am an officer belonging to Mr. Reid's: I know nothing of the matter; only the prosecutor and the prisoner, and two or three more, in a coach, called on me, and I took charge of the prisoner; I searched him, and found nothing on him; they accused him of stealing a watch.

Mr. Garrow. Are you sure it was a watch? - That word was specified; it was a watch.

WILLIAM GARDINER sworn.

I was at Hay-hill the day the men were pilloried; and, after they were taken out, this old gentlemen was pushed about a good deal: I asked him what was the matter; he said this prisoner had taken his watch from him: I took the prisoner; and the old gentleman and me took him down South Bruton mews: going along, he was asked the question by several people, if he had not taken it from him: he confessed he had, but had not got it; he had given it away: because we would not loose him, he threatened me to mark me, in case he got loose; and when he came in the coach, he was asked the question again, and he confessed he had taken it from the old man, but had not got it; for he had given it to another person.

Mr. Garrow. The old gentlemen, as you call him, was as near to him as you at the time he said all this? - Not quite so near; he was in the same coach, but he was lolling in the corner.

What are you? - A coachman.

To whom? - Lord Stopford, son of Lord Courtown; I drive him when he is in town; he has been out of town about a fortnight; I drove him till he went out of town.

Did any body else hear all this? -

Prisoner. I leave it all to my counsel.

HENRY CROKER sworn.

Mr. Garrow. Have you been in court during the trial? - Yes; I did not hear any order to the contrary. I am one of the patrol employed by the public office at Bow-street, and I was ordered to attend at the execution of the sentence of pillory; I was there at the time, and I saw a great mob going from the street where the persons stood in the pillory; and I saw the prisoner in custody, with several people; the old man in particular had hold of him; he was calling out, and his clothes were very much torn; I desired them immediately not to duck him, but to bring him to the magistrate: I took my staff out; the man turned round, and said, I will go with this man any where: I said, take him to Bow-street: I asked them whether they had searched him; they said they had not, and they would not.

JAMES HILL sworn.

I keep the Barley-mow; the prosecutor lodges at my house; the day that the robbery was committed, when he came home, I asked him where he had been; he said, into Berkley-square; and he said he had his pocket picked looking at the sight, and was surrounded in half a minute by 14 or 15 people, and lost his watch; but, says he, I have got the thief, I seized him immediately: I said, who did you seize? Why the man that stood before me. Says I, was that the man that took your watch? No, says he, I felt my watch jump out of my pocket that moment, and I seized him directly. Did you see the man with the watch? He said, no, he did not; but he said the man he seized pointed to another man. The old gentleman I do not think he is capable of knowing what he does say, or what he did.

Have you ever heard him say that he expected any thing? - I did hear him talk, him and another, about 40 l. I cannot tell what it was; I was in the cellar; he was talking to an old gentlemen that is in the workhouse; I asked him; I told him to be very careful about the business; and he told me he should not have done any thing, he would have put up with it, but only Mr. Murray rather put him up to it: it was still talked of; and in a few days he said it was not a watch, it was the case of a watch, and two crown pieces in it.

Are you sure that for the first day, and some days afterwards, he represented he had lost a watch? - I am sure of that; I asked him how much the value of the watch was, or something of that kind, and he said the watch was but of very little value, but there were two crown-pieces within-side the case; so I asked him what was become of the guts of the watch; says he, they are gone to be mended. He has been a lodger of mine near three years; I never saw him have a watch.

Court. Nor case? - Nor case; nor the crown-piece. He is a very honest man; he always paid me very honest and just.

Had he the appearance of a watch? - I have seen a string out.

Had you the curiosity to ask him where it was that the guts of the watch were gone to be mended? - I did not; I had no doubt about it; I thought he had lost his case, or watch; but I took it to be a watch at first.

Then you did not suspect the old man? - No, I did not.

You are sure you asked him if he saw the watch in the man's hand? - I did, and he said no: I asked him whether the man made any resistance; he said no; but that the man said, I have not got your watch.

Did the old man describe to you the manner of the losing his watch? - So far as this: he said there were 16 or 17 all together, and he missed his watch.

Court to Prisoner. Sir, you have thought fit to leave your case to your counsel; but probably the jury will expect you to give some account of yourself; what are you? - I am a waiter.

Court to Hill. Did the prosecutor describe how the watch was got from him? - No; he said he missed it in a moment; that it was snatched out.

Did he mention that the watch was snatched out of his pocket by any person? - He did.

Did he mention any thing of saying that he felt a digging at the watch before? - No.

Did he use the particular expression of jump out? - No, I do not think he did; he said that he found the watch jump out, or taken out.

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

The Jury withdrew for some time, and returned with a verdict,

NOT GUILTY .

Tried by the first Middlesex Jury before the Lord CHIEF BARON.

Reference Number: t17900915-99

686. HENRIETTA SPENCER and MARY DAVIS were indicted for burglariously and feloniously breaking and entering the dwelling-house of Thomas Sanders , about the hour of one in the night of the 3d day of August last, and burglariously stealing therein one linen shirt, value 5 s. one dimity petticoat, value 5 s. a linen table cloth, value 2 s. three linen napkins, value 2 s. two cotton stockings, value 6 d. two linen caps, value 6 d. two muslin stocks, value 6 d. two muslin aprons, value 4 s. three muslin half handkerchiefs, value 3 s. one muslin handkerchief, value 1 s. the property of the said Thomas Sanders ; and a cotton bed-gown, value 1 s. a dimity petticoat, value 2 s. and a linen apron, value 6 d. the property of Mary Carter .

THOMAS SANDERS sworn.

I keep house in the parish of St. Leonard, Shoreditch; I am a salesman; on the 4th of August last, at seven in the morning, my servant informed me her room window was broke open, and she robbed of her linen: I went to bed between ten and eleven the night before: on an advertisement from the office, two people were stopped, which were the prisoners; I took my servant to the office, to see the property: I saw a large pane of glass broke in the kitchen window, which fronts the street, and has iron rails before it: the sash is fixed; they could not get into the house through the pane of glass.

MARY CARTER sworn.

I am servant to Mr. Sanders: on the 4th of August I came down a quarter before seven, and saw all the things in the indictment missing from the ironing-board, and a great many more; I had been washing all the day before; some of the property was seen in the office.

SARAH HARE sworn.

I am a pawnbroker: there was a shirt pawned with me on the 4th of August last, between one and two in the afternoon, by the prisoner, Mary Davis , for 5 s. (produced and deposed to); the other prisoner was not with Davis.

WILLIAM WHITEWAY sworn.

On the 4th of August, in the afternoon, in consequence of an information, I went to a house in Black-horse yard; there I saw the two prisoners, and these things, a great part, on a table near them; this little parcel in Spencer's pocket; and she said they were her property, and she bought them that morning of a man in Rosemary-lane, I think it was; I took them and the property before the magistrate; she went willingly, and told the same story before the justice: I had them advertised, and the prosecutor claimed them. (These things deposed to).

PRISONER SPENCER's DEFENCE.

I got my living for some years by buying and selling clothes in Rosemary-lane: between one and two, I saw an old-clothes-man, and bought these things of him, and paid for them; but being taken up, I had not an opportunity to find the man, and I was obliged to pawn the things by this other prisoner; and some of the things were found on my daughter's table; and the officer came and took us into custody, and took us before his Majesty: I have a great many witnesses.

ANN WAYLIN sworn.

I know the prisoner Spencer; she lives in Grub-street; I knew her to buy two white petticoats, and an apron; one was a corded dimity petticoat, and one was a worked apron; I deal in the fair, as well as her; she subpoena'd me, or else indeed I should not have interfered; it was either on the Tuesday or Wednesday, I cannot swear; it was a corded dimity petticoat; to be positive, I could not say, but there is no particular mark to swear to; it might be about three in the day; her husband is a cabinet-maker; her private business I cannot pretend to say; I never knew any thing amiss of her; if she is guilty of this, God Almighty knows.

The prisoner Spencer called six more witnesses, who gave her an exceeding good character.

PRISONER DAVIS's DEFENCE.

I lived servant with the daughter, and she sent me to pawn these things; I brought her the money and the duplicates.

Prisoner Spencer. I gave her the things to pawn.

Court to Whiteway. Where did you take those things? - In the daughter's house, in East-Smithfield; the mother claimed them immediately, and said she bought them.

BOTH NOT GUILTY .

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

Reference Number: t17900915-100

687. ALICE WILLIAMS was indicted for stealing, on the 28th of June last, a pair of silver shoe buckles, value 2 s. a gold pin, value 1 s. a shift, value 3 s. the property of Mary Hindes .

MARY HINDES sworn.

I live at No. 7, Tottenham-court road ; I missed the things in the indictment, and the prisoner was gone; I took her in as an act of charity: the pawnbroker produced a gold pin, pledged by some person, but whether by the prisoner or not, he could not say; but the prisoner came afterwards, and said she had pledged such a one.

ELEANOR ALLEN sworn.

I am a cook, out of place; I lodged at the prosecutor's, and heard somebody at her drawer on the night of the robbery, and at the till, and the prisoner was gone in the morning.

CHARLES ELLIOTT sworn.

I apprehended the prisoner; she told me where the pin was; no promises were made to her.

Prisoner. I did it through distress.

GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17900915-101

688. THOMAS BROWN alias NEWTON and MARY SMITH alias WOOD were indicted for feloniously stealing, on the 7th of May last, twenty silk handkerchiefs, value 5 l. the property of John Powell , privately in his shop .

JOHN POWELL sworn.

I live in Cloth-fair . I am a linen draper . The two prisoners at the bar robbed me of twenty silk handkerchiefs: they came in both together; the woman asked to look at some Irish linen; and Brown came and stood by the window, near a parcel of silk handkerchiefs: I turned my back to them, to take down the cloth; when I had taken the linen down, she held the cloth up side ways, as high as my face, as if it was meant to prevent me seeing Brown, and held it up between me and Brown, that I might not see Brown; she held it for some time, and kept looking me full in the eyes; she said, it is strong cloth, but let me see another; I pulled down another, and then my back was again toward them; she served me the same way again; then she ordered me to cut one yard, which I did; when she came to the door, Brown then remarked to the woman, you have soon dealt, cousin; you sometimes make a long wrangling and jangling; and then they went out; and about a minute after I turned my face towards the window, and saw a vacancy between the silk handkerchiefs and the printed callico; a thought then immediately occurred to my mind, that the prisoners had robbed me; I then stepped to the window to see, and missed a large quantity of handkerchiefs; I believe about twenty, to the amount of five pounds or upwards; I having no one in the shop but myself, called my son down stairs, in hopes to overtake them; but before he came down they were out of sight; I ran after them, but could not see them; I saw them no more till the 22d of July, when in consequence of an advertisement in the paper I went to Bow-street, to see whether they were the same people or not: when they were re-examined I saw they were the prisoners at the bar; I know them to be the same: I never saw them between May and July: I went that evening to enquire if I could hear or see any thing of them, but could not.

Court. What time of the evening was it? - It was in the evening, after candle light; I suppose about nine o'clock, or past; I had seen these handkerchiefs before, a few minutes, because I had been looking at them; it may be a quarter of an hour, or half an hour, or more; I had been in the shop from the moment I saw them till the moment they came in; and I am sure there were no more customers in the shop.

Mr. Garrow, Prisoner Smith's Counsel. The woman paid for what she bought, and went away? - Yes.

When you went to Bow-street, you expected to find the persons, from the advertisement? - I went to see whether it was the same or no.

You expected to see the same persons that robbed you? - Yes, I did; I thought there was a similarity in the mode of robbing.

Did you run after the people as soon as you missed your handkerchiefs? - I did as soon as I had called my son.

The woman looked at the cloth, and told you to cut off a yard, and paid for it, and went away? - She looked at it in a very aukward manner.

That is according to your suspicions; were I to look at cloth I should perhaps look at it aukwardly.

Jury. Did you ever see the two prisoners before they came to your shop? - Not that I know off.

PRISONER BROWN's DEFENCE.

The witness has swore very false against this woman.

Mary Smith . I would beg to ask the witness whether he is sure I am the person that came into his shop? - Yes; I am sure.

Court. What dress had she on? - She had a bonnet and cloak on; her bonnet came pretty much over her face; but whether

it had lace on it or no I cannot say; I believe it was a black one.

BOTH NOT GUILTY .

Tried by the London Jury before Mr. Justice GROSE.

Reference Number: t17900915-102

689. JOHN WILSON was indicted for feloniously stealing, on the 4th of September , one wicker basket, value 2 s. the goods of William Fulford , three check aprons, value 2 s. nine caps, value 1 s. two muslin caps, value 2 s. four muslin caps, value 5 s. two muslin aprons, value 42 s. and various other articles , the goods of Charlotte Wheeler .

And MARTHA SHEPHERD was indicted for receiving the said goods, knowing them to be stolen .

(The case was opened by Mr. Garrow.)

ALEXANDER MACKINTOSH sworn.

I am the under butler to Mrs. Wheeler, in Upper Brook-street : I was at home on the 4th of September, about ten o'clock in the evening: the laundress had brought home some linen; my fellow servant took it in; at which time the prisoner at the bar, Wilson, came with these shoes, and told me they were for Mrs. Wheeler's ladies maid; I took the shoes of him, and I went, supposing the ladies maid to be up stairs, and rang a bell; but not finding her there, I went down stairs, and shewed her the shoes, and I found they did not belong to her, nor any in the house: I left the man at the door: I went directly up stairs again, and my fellow servant, Robert Cooke , came down stairs, and found the door open; he asked me what was the reason of the door being open that time of night? I told him, I had been absent about three minutes; and the baskets of linen were in the hall; how many I cannot positively tell: when I came back again the prisoner was gone.

Now look at the prisoner Wilson; did you know him before? - I never saw him before that night.

How long did you see him at that time? - Not above half a minute.

How soon did you see him again? - That day week; I saw him again at the justice's, in Poland-street, at Mr. Read's office.

Did you then know the man? - Yes, directly.

Are you sure that that is the man that came with the shoes? - Yes; I am very sure that is the man.

Did you observe his dress at all? - No; it was his face I observed; I had but a little time to observe that.

Now speak cautiously, and tell us again, whether you are positive that that is the man? - Yes, I am positive.

Prisoner. Did not you say at Mr. Read's office, that if I was the person I had not the same clothes on, and that you could not swear positively to me? - I did not say so; but when I saw him at Mr. Read's office I swore positively to him.

And likewise I told you, that if I was the man I never changed my clothes, and even by my tongue you could not be deceived; but they would not let me speak?

Court. You have heard what the prisoner said to you; did you know his voice again? - No, Sir; I did not take any notice of his voice; but I said, I could swear to him.

Court. Did you say that in his presence? - No; it was other people that told me of the man when he was taken, before I saw him at Justice Read's office; because then I was not certain whether I should know him or not; but I never said so after I had seen him at the office.

Was he in those clothes when you saw him at Justice Read's? - Yes; he was.

Is Mrs. Wheeler here? - No.

ROBERT COOKE sworn.

I am one of the servants of Mrs. Wheeler. I took in the linen, and left three baskets in the hall, and went up stairs: Mrs. Wheeler asked me what that bell

rang for that time of night; I went down stairs to see the reason; on my coming down stairs I found the street door open, and no one there; I staid a second or two at the door, turned about again, and saw no one there, and met my fellow servant coming up stairs; and he told me that some one had been there.

Did you examine how many baskets were gone? - I told my fellow servant there was one gone.

How long had you been up stairs? - About three minutes; not more: when I went up stairs there were three in the hall; four were delivered in the house; when I came down three minutes after there were but two left: I gave information at the office the next day, and saw the prisoner the very next day.

RICHARD LOVELL sworn.

I am one of the officers of Poland-street. On this day week I had an information of this robbery; by the description of the person given me I went to the lodging of Wilson; and the woman prisoner was at home; Wilson's lodgings are at No. 2, Broad-street, Grosvenor-square.

Court. How did you know that that was the lodgings of Wilson? - I had been there before on some business: I took the woman prisoner into custody, whom I found there; I took her into Brooks-court, where I had been informed she had sold a basket to one Edwards, I told her of it before; but she said, she knew nothing of it; the basket was found before there: as soon as I came to Edwards with the woman he knew her, and said, in her presence, that is the woman who sold me the basket; she then said, that another woman had given her the basket; I went back immediately with her to her lodgings, and brought the woman whom she said gave her the basket, which was Jane Giles ; I took Mrs. Giles up to Edwards, and I then found out where was an apron, sold in the same court. I went back to the lodgings of Wilson, and searched the box, and found three odd stockings.

Who claimed the box? - Shepherd said, here is our box; I took her to the office in Poland-street, and there I found a cap on her head, claimed by Charlotte Butler , and I took likewise a pair of stockings from her legs.

How soon after this was the man prisoner apprehended? - The next morning; one Brown apprehended him.

Prisoner Shepherd. I would be glad to ask whether I said any thing about the box? - She said, you are welcome to look into the box: the box was open; she never objected nor endeavoured to hide any thing that coat was restored to Wilson.

JAMES EDWARDS sworn.

I am a broker. I live No. 6; Brooks-court. I know the prisoner and the other by sight: that woman, together with another woman, Giles, came either on the 6th or 7th, being Monday or Tuesday, of this month, to my house, and offered this basket to sell; I bought it for eighteen-pence, and then exposed it for sale immediately; the day following it was claimed by Spelman, the laundress's servant.

Was the basket Spelman saw at your house the same you bought of the prisoner? - Certainly it was.

Prisoner Shepherd. Did I offer the basket first to sell to you or no? - I cannot positively be so clear as to that; but I gave the prisoner the half crown piece to get change; she went over the way, and brought me a shilling back.

JANE GILES sworn.

I am a basket-maker's wife. I live in the same house, in the next room to both the prisoners; they live together as man and wife: I went with the woman to Edwards, on Tuesday, to sell the basket; she told me, she had it from a young woman, who wished her to sell it for her; she sold it, and took the money, and carried the basket to Edwards, and he gave her eighteen-pence for it.

Did you see it in her room? - No; I did not know where it come from.

Prisoner. I would wish to ask whether you did not offer the basket to sell first? - Yes, I believe I did ask the man if he would buy it; she asked me to say so.

Whether I did not tell you it was a man I had the basket of? - No; she told me it was a young woman that brought it to her to sell; it was the first time of my going out after lying in; and I went into her room on the Tuesday morning; and she shewed me a white apron, a coloured apron, and a cap: the prisoner Wilson was not there at the time.

Did you see him that day? - No, but I did see him the day before; she told me of the Tuesday, that she had two beautiful book-muslin aprons in pawn; and she told me that she had pawned them for half-a-guinea; and that she could sell the duplicate for three shillings; she said that they were very handsome, flounced, and drawn at the top; after that she said she had got the duplicates for six-pence apiece; and she said that she had two pair of white stockings, cotton, in pawn, and a cap, for two shillings.

Had you seen the man there between the Saturday and Tuesday? - Yes, I had; and I never knew any otherwise, but they were man and wife.

Prisoner Wilson. Did I shew you any duplicates? - No.

WILLIAM BROWN sworn.

I am an officer at Poland-street. On Saturday last I took the prisoner Wilson in Tottenham-court-road, on the Terrace; I dropped into the yard, and said, Wilson, I want you; he said to me; Brown, I find that my wife and child are in the watch-house; said he, do you know what is against me; I hear Lovett hath broke my box open, and taken my coat; is there any thing else against me that you know of? I told him, that as to the coat, I believed it was his own; but he desired me to think, and to tell him what was against him; I told him the cap on his wife's head, and the stockings on her legs, had been sworn to; that he must go along with me; he desired me to say that I had not seen him; I said it is of no use, for go with me you must; afterwards he said, if I must go with you, I must go with you; I brought him to the justice's: I have often seen him before.

AMELIA FULLFORD sworn.

I am a landress; I work for Mrs. Wheeler. On the 4th of September I sent home four baskets of linen to Mrs. Wheeler's, by my servant, Spelman.

Have you had any opportunity of examining the contents of the basket that was missed? - Yes, all of them; the basket was mine; and I know what was missed; there was two very fine book-muslin aprons, flounced top and bottom, and drawn at top.

(The value not insisted on by the counsel for the prosecution; but the basket was deposed to by a black mark on one of the bandles, burnt with a candle; she likewise deposed to the other things produced.)

SARAH SPELMAN sworn.

I am a servant to Mrs. Fullford: I carried four baskets of linen to Mrs. Wheeler's; three were left in the hall, and one was taken down stairs; and those in the hall were left in the same state as delivered to me.

MARTHA GRANT sworn.

I am a servant to Mrs. Wheeler, the kitchen maid there. I can swear to the blue flannel apron, and to the stockings, three odd ones; the mark is cut out; they were marked with a C.

LUCY ROSS sworn.

Here is a blue woollen apron found at your house, of whom did you buy it? - I bought it of the woman prisoner, and gave her a groat for it.

Was that apron you bought of the prisoner, the same delivered to the witness? - Yes, it is.

CHARLOTTE BURTON sworn.

I am the house-maid to Mrs. Wheeler. I am sure the stockings taken off her legs at

the office, are mine; I folded them myself, and sent them with the cap to Mrs. Fullford's, to wash.

The prisoners called three witnesses to their character.

JOHN WILSON , GUILTY, 39 s.

Transported for seven years .

MARTHA SHEPHERD , NOT GUILTY .

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

Reference Number: t17900915-103

670. THOMAS ABBOT was indicted for feloniously making an assault on the king's highway, on the 16th of July , on Samuel Wergin , and putting him in fear, and feloniously taking from his person, and against his will, a silver watch, value 40 s. a watch chain, value 12 d. two cornelian stone seals, value 10 s. and a leather pocket book covered with needle-work, value 12 d. his property .

SAMUEL WERGIN sworn.

I am a native of Jamaica: I lodge in Basinghall-street. On the 16th of July, I was coming through St. James's Park , I believe, on Friday, about one o'clock at noon: I saw some men looking at Hyde-park-corner, and heard the king was coming to the levee; I went, and some men told me they would shew me where to stand to see the king go in; I know not the name of the gate, having not been in this country for six and twenty years before; the prisoner was among them that offered to shew me where to stand; I went a little further to the right hand, as I did not choose to stand in the midst of the mob; the king immediately came up; and I was squeezed very close; they pressed on me very hard, saying to me, there he is, there he is, when the king was getting out of his coach, so that I was in a very disagreeable situation; I am sure the prisoner was one; as soon as the king went in, the mob began to disperse; as soon as I had liberty to search, I felt for my watch, and found it was gone; I did not feel it when it went; I was squeezed too close for that; I saw some men going off; I immediately said I have lost my watch; I and Mr. Macmanus, who was near, went after the people; and I picked out the prisoner from among the rest, and charged him with having the watch and the pocket-book; he flatly denied it; I lost my handkerchief besides; I have had the watch this twenty-seven years; I told him I was certain I had seen him; he was searched in the park, and nothing was found upon him.

How soon did you pick him out? - When I got up to him, they had got as far as the middle walk of the mall; after he was searched, he was carried to Bow-street in a coach; there he was examined for a long time; and at last I saw the watch produced, but did not see it pulled out of his pocket; the watch was handed to me by Sir Sampson Wright, and I gave it back again into his hand.

Mr. Knapp, Prisoner's Counsel. You have been used to see the king go to the levee in this country before? - Yes, I have.

Then, perhaps, you have known that you have seen as great a crowd before? - Yes, I have.

You had no opportunity of discovering any persons faces, but in the midst of that crowd? - I believe I recollect that man before.

The crowd that happened to you was no more than is common? - Yes, it was done in rather a different manner than common crowds are.

Was you present when Macmanus searched the prisoner in the park? - Yes, I was; the prisoner never went out of my sight.

Even at Bow-street, there was nothing found on him but your watch? - No.

JOHN FURNOW sworn.

I am the St. James's Park constable. On Friday, the 16th of July, the prisoner

at the bar was brought to me by Mr. Macmanus; to take to Bow-street; where, after a little examination, I searched him, and found the watch in his left-hand waistcoat pocket, and it hath been in my care ever since; that is it; I took it from him at Bow-street, and gave it into Sir Sampson Wright's hand; and Sir Sampson returned it to me.

Mr. Knapp. There was a great crowd that day? - No, there was not much crowd, indeed not so many as usual, on that day; I suppose there might be about 100, and sometimes there are 5 or 600.

JOSEPH NIBLOW sworn.

- I am a broker; I was in the Park, attending at the King's levee, when this matter happened: there was a piece of work, and I ran to see what was the matter; and the prosecutor said he was robbed of his pocket-book and watch: Mr. Macmanus had the prisoner in custody; we found nothings on him then; Mr. Macmanus delivered him into our custody, and we took him to Bow-street: he had an hearing; and Sir Sampson desired we would examine him more minutely; which we did; and, in searching of him, we found the watch in his left-hand pocket.

Mr. Knapp. What time was this? - Between two and three.

How long was it after the robbery was committed that you had him in custody? - About five minutes.

You searched him before, and you found nothing? - Yes.

You never thought of examining the pocket before? - Yes, we had done it before, but it was not there then.

JOHN MACMANUS sworn.

On the 16th of July, between twelve and one, just as the King was getting out of the coach, and going in to the levee, there was a great noise behind where I stood; I looked about, and saw the prosecutor and another man standing; and he said, that is the man there that robbed me: I and the prosecutor followed him, and he rather stood still; I took him and searched him, and found a watch in his fob, which the prosecutor said was none of his; I said to the prosecutor, be careful what you are about, this man having nothing about him as I could see; but he was still suspicious, and we put him in a coach in Pall-Mall; I was obliged to stay at St. James's, so did not go to the office.

The watch was produced, and deposed to by the prosecutor, as also the seals.

PRISONER's DEFENCE.

On Monday, the 16th of July, I got up in the morning about six, and went to my business till about twelve; I had an occasion to go out to Pimlico, to a person who was doing some work for me, to ask him if the work was done; it was not; I stopped with him about a quarter of an hour, and made the best of my way to Mr. Ashton's, the Prince of Wales's carver; I heard a cry that the King was coming; by the time I came up, the King had turned round the corner; I made the best of my way back: as to Mr. Macmanus, he searched me from top to toe: it is the first thing ever laid to my charge; and I bear a very good character:

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

GUILTY of stealing the goods, but not violently .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17900915-104

671. SARAH CHEMANEAUX was indicted for feloniously stealing, on the 21st of July , three yards of Wilton carpet, value 2 s. the goods of Thomas Moore and William Fossett .

- HAYNES sworn.

I am a servant to Messrs. Fossetts: on the 21st of July I saw the prisoner take

something through the banister of the stairs of the workshop; going from the warehouse; she is one of the women who work there at sewing up the carpets; it was laying nigh the banisters; she took some carpeting up stairs to the workshop; I communicated it to Mr. Brown.

WILLIAM BROWN sworn.

I am a foreman to the manufactory of Messrs. Fossetts: after being informed by Mr. Haynes of the transaction he has mentioned (it was about half past six in the morning), I consulted with the last witness, and we thought it prudent to say nothing to her: I went up into her room, but could see nothing; I concealed having made observations, I thought it would be more prudent to let her go out into the street; she went to breakfast, and I followed her, about a quarter after seven, at some distance, that she should not discover me till she got to her habitation: she went from the corner of Chiswell-street to Golden-lane, to her own apartments; I went up into her room after her, and accused her; she immediately gave me these carpets here, fastened up in a paper; she at first hesitated at a little, but soon after that gave me these two carpets.

What did you accuse her of? - I had examined the things on that counter, and missed two pieces of carpeting; I accused her of taking some remnant bedside carpets out of the warehouse.

(The carpets produced, and deposed to, being the pattern carpets alone manufactured at that warehouse.)

Court to Haynes. Do you know what it was the prisoner took from the banister? - It appeared to me to be some kind of carpeting.

Can you say they were not sold since the time you saw them before? - No, because it was the last thing almost that we took account of.

PRISONER's DEFENCE.

I know nothing at all of the stealing of them, my lord.

The prisoner called on Mr. Brown, with whom she was a servant, to give her a character; who said, he never knew any thing against her before in his life; as also two other witnesses, who gave her a good character.

GUILTY .

Privately whipped .

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

Reference Number: t17900915-105

672. SARAH SLADE was indicted for feloniously stealing, on the 14th of July , in the parish of St. Mary-le-bone, 2 flannel petticoats, value 1 s. 6 d. the goods of Robert Goodluck .

ELIZABETH GOODLUCK sworn.

I am a lodger; the prisoner was a stranger; from a passage facing the kitchen door I lost two petticoats, in the house where I lodge, No. 8, Union-street, Holborn ; they were there to dry: I did not see her take them, but I saw them five minutes before; they were taken out of the necessary-house, by myself, about three minutes after I missed them; the prisoner was there; they were not found in the prisoner's hand; but it is a little place, and she had fastened the door; they were found loose, down the hole, hanging on a nail: I asked her where they were; she said she knew nothing of them; I looked round, and saw them hanging up; they were put down the hole of the necessary, loose; she was found standing up; the door was held by the latch; she said she came in to make use of the place: I am sure the petticoats are mine; I have kept them ever since: they are not indeed properly mine, as I take in washing; they are marked privately with a bit of worsted, a washerwoman's mark.

( James Copeland called upon his recognizance, but did not appear.)

PRISONER's DEFENCE.

As I was coming along, I went in to

ease myself, and the things were in the necessary; but I did not know it when I came in.

Court to Mrs. Goodluck. Is this necessary public, or in a yard at the back of the house? - In a yard, at the back of the house; but the house is no thoroughfare: the front door is generally shut; she said it was open then, and I dare say it was.

Is the necessary of this house directly in view at the front door? - No.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17900915-106

673. WILLIAM YOUNG was indicted for feloniously stealing, on the 25th of August last, 5 ounces of silk, value 10 s. the goods of Thomas Meadows .

THOMAS MEADOWS sworn.

I am a silk-dyer ; the prisoner is my servant ; he dyes, and occasionally carries work home: I sent him home with 5 ounces to the house of Messrs. Biswell and Co.: after they were delivered some time, they found some of the skains smaller than usual; there were seven different parcels, with six colours; they sent to me to know the reason why they were so small; I went, and it appeared evident to me that they were taken off by the streets-man: the porter went to Mr. Biswell's about nine, and I was there before ten, about ten minutes: I immediately after that came back, and waited till the prisoner returned from breakfast, and charged him with it, and he denied it; he came home from breakfast a little after ten; I desired him to go with me to Mr. Biswell's, which he did very readily, for he was sure there was nothing missed: when he came there, I asked him how these skains came to small, as there must be some taken out; he denied any knowledge of their being made so; he went back with me to my house; there I challenged him with it again; he utterly denied it: I searched him, and found none of the property on him: I went out to fetch a warrant, but was fetched back, and told that he had said that he would make some discovery, provided I would go to Mr. Biswell's with him: when I came back, he was not there; I went to Mr. Biswell's, and found him not there: during the time, he had fetched the silk; and I saw the silk there. (The silk produced).

Mr. Garrow. If he confessed, you told him it would be better? - No, I did not.

How long has he been with you? - About two years.

WILLIAM BARBET sworn.

I live with Mr. Biswell, in Spitalfields: on the 25th of August, Meadow's streets-man brought home some silk (the prisoner at the bar): after he was gone, we examined the silk, and found there were several knots too small; it appeared there was some silk taken out: I sent immediately for Mr. Meadows; he came, and the second time brought the prisoner with him.

Mr. Garrow. The man denied having taken any silk? - Yes.

THOMAS WORTH sworn.

I am a dyer; I went with the prisoner from the dye-house to his own apartment; I know not what day, but it was the same day he carried the silk to Mr. Biswell's; he desired his wife to give him the silk, and she seemed to be very much alarmed: when I went with him, it was between ten and eleven in the morning.

Had you seen the silks at Mr. Biswell's first? - I saw them at our own warehouse, and saw him take them from thence to go to Mr. Biswell's, but did not see him at Mr. Biswell's: he repeated again, give me the silk, for I am a ruined man: she gave him a little parcel of silk, which he took, and put in his pocket, and took it to our shop, and from thence carried it to Mr. Biswell's: he came and laid it on the counter; I went with him: the silk he carried from the warehouse was of six colours, and seven parcels; two parcels of one colour;

those he took of his wife appeared to be of the same colours; and, as far as I can judge, I believe them to be the same silk.

Mr. Garrow. It was after Mr. Meadows and he went together, that he and you went together? - It was when Mr. Meadows was gone for an officer, and I went with him to his apartments.

I do not find you weighed the skeins before they went out in the morning? - I did not: I helped to skain them up.

This man went to his own home? - I believe he did.

He was to do two things at one going out; go to Mr. Biswell's, and get his breakfast? - I believe he was.

The man has got a wife and four children? - He has.

The man had been home, and got his breakfast, and had gone to Mr. Biswell? - He had.

When he was charged with stealing he constantly denied it? - He did.

When he came to his own home he desired his wife to give him the silk, for he was a ruined man; she hesitated, and seemed confused; he said, give me the silk, in a still more peremptory manner; on which the woman went to her drawer, and got the silk? - She gave it to him out of the box.

Mr. Worth, you seem a good humoured looking man, let us see whether it is so: has the man always persisted he did not know any thing had been taken, and did not he say this, the man having gone home to his breakfast, and having laid down the parcel, and having played with the child, if any was taken out, the wife took it out behind his back; did not the man constantly state this to be the case: did not he say, as to stealing any of the silk I know nothing of it; I went home to my breakfast, I laid down my parcel, and played with my child, and if the good woman has taken some few skains, it is my misfortune? - He said nothing like it; he confessed he took it from Mr. Biswell's warehouse.

How old are these children? - I cannot tell.

What was the value of these miserable pieces of silk taken out? - I do not know.

PRISONER's DEFENCE.

I am innocent. I never had a blot in my character. I have been twenty-six years in the dying business, and never had a blot before.

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

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17900915-107

674. OWEN MACARTHY was indicted for feloniously stealing, on the 12th of July , one saw, value 6 s. and one hand saw, value 2 s. the goods of Thomas Webb .

THOMAS WEBB sworn.

I am a carpenter and joiner . On Monday, the 12th of July, I hid my saw in an empty building, in Islington-road , in the third building, in one of Mr. Royston's houses; and I went to a publick-house, and called for a pot of beer: I hid it about five and thirty minutes after twelve o'clock: in consequence of a man giving me information I came out of the Coach and Horses, and saw the prisoner go up the road; and the person told me, that is the man, he has turned out of your house, and shut the door; he went to the first building, and looked into it, and did so to the second, third, and fourth; he goes to the fifth, and stands about a minute, and comes back to the third building, and pulled a board down; he goes up a plank, and goes into the house, and was in for the space of three or four minutes; he came out again with the saws in his right hand, and put them under his coat, and the largest saw would not go quite down; I went to him, and took him with the saws upon him; I have kept the saw from that time to this, and have them here now.

(The saws produced and deposed to.)

PRISONER's DEFENCE.

I went to the buildings with a letter: it rained very hard; and I went in to take shelter; and the prosecutor came up to me, and knocked me down; afterwards he sent in another man, and brought out these two saws, and wanted the man to swear against me, but the man would not; so, he said, he would prosecute me on his own evidence.

Court to Mr. Webb. Where is that man? - He never came into the justice's; he only came and informed me of the man at the publick-house; there was no man with me when I took him; there were plenty of people about me when I got him out of the fence: I took him to the justice's alone.

The prisoner called two witnesses to his character.

GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

[Whipping. See summary.]

Reference Number: t17900915-108

675. RICHARD RICHARDS was indicted for stealing, on the 13th of September , two metal candlesticks, value 8 s. the goods of Charles Hide .

CHARLES HIDE sworn.

I live at the further Red Lion, at Highgate . The prisoner came into my house, and called for a pint of beer, on Monday, the 13th of this month, about half past seven in the morning: she maid going to clean the candlesticks, missed two: and I heard of it about half past eight: the man went away as near as I can guess a little before eight.

Did you ever recover your property? - I saw it at Mr. Gray's, our constable's, the same day about half past twelve.

JOSEPH KILBY sworn.

I am a labourer. This man came by me in Highgate: I was at the Grove: I see him lay these candlesticks by a tree; he laid down four, and laid himself by them; Joseph Baker was coming; and he got up, and ran away; and I called to Joe Baker to run after him, and stop him; he left the candlesticks there; Baker and I tied the candlesticks up in his apron, and took them to the constable, James Gray .

Did Baker overtake this man? - Yes; he took him directly.

Did you lose sight of him? - Yes; I lost sight of him, because he jumped over the pails into the road; but Joe Baker soon catched him: I am sure it is the same man that Joe Baker brought back; I can swear to him.

JOSEPH BAKER sworn.

I am a labouring man; this old man, Kilby, desired me to pursue the prisoner; which I did, over the pales: I saw the candlesticks lay on the ground, in the Grove; and they laid till I brought the man back again to the Grove; afterwards I carried them to the constable, and delivered them to his care: I am sure that is the man.

Jury. How many pair did you see? - Two pair of candlesticks.

JAMES GRAY sworn.

I am a constable: the prisoner was brought home the 13th of September, to my house; I was not at home; I was sent for, and when I came home they had taken him to the cage; and they had given the candlesticks to my wife: I was not gone from home in the whole half an hour.

(The candlesticks produced and deposed to by Mr. Hide, and by Kilby and Baker.)

PRISONER's DEFENCE.

I did not take any property belonging to that Gentleman.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17900915-109

676. JOHN BURROWS was indicted for feloniously stealing, on the 5th day of April last, a grey mare, value 12 l. the property of William Moore .

(The case opened by Mr. Knowlys.)

WILLIAM MOORE sworn.

I know the prisoner; he was in my service once. I lost the mare mentioned in the indictment, between the 18th and 22d of March: the prisoner was employed occasionally in attending this mare, from some time in October, to some time in March: I bought this mare of one Downing, to whom the prisoner was a servant; Downing and he disputed, and he was turned out of employ; about a week or ten days after the prisoner applied to me, and requested me to employ him; I gave him half-a-crown a week to attend the mare: he had often been persuading me that the mare was too small for me: I lost her about the 22d of March; Burrows told me that Alderman Curtis had taken a liking to the mare, and that if I would let him take her to the Alderman, he would give a good price for her; I told him, I had no objection, if I could get a good price, to part with her; he said, I had better write a line; accordingly I wrote, and mentioned, that if he liked her, the price was twenty guineas; the prisoner took it, as I understood, with intent to take her to the Alderman; he returned at night, and said, the alderman was not at home; I told him, I was going to ride her next day, and I had altered my mind; I gave orders that the prisoner should not have the care of the mare, or the keys of the stable; I rode her the next day down to Canons, to Mr. O'Kelly's; I saw her the next day; and about two or three days after that I missed her; I received a letter from Burrows the 26th; that was the first intimation I had of Burrows: (produces the letter.) I had given no orders that he should take her; but the contrary: I never learned where the mare was till the 28th of last month; I saw him in Bolton-street, and I pursued him, and came up to him, and he stopped, and I caught hold of him: he attempted to strike me: a man came up, and I gave charge of him; he was taken to Poland-street; there he confessed that he had taken the mare to Paddington, and sold her for eight guineas; but he would not tell the person's name.

Mr. Garrow, Prisoner's Counsel. What university have you a diploma from? - What is that to you? I won't tell you.

How long have you been in this country? - Twenty-one years.

Without interruption? - No; I was seven years in Ireland: I have not resided longer than a month or six weeks in France, and in other countries, during the last twenty-one years: I have not been in America during that time.

When was you in America? - In my junior days; I left America in 1769.

In what character? - A clergyman, ordained by the presbytery of Londonderry.

How long? - I cannot charge my memory.

What part of America? - Different parts; at Boston, in Novia Scotia .

Are you the same sort of clergyman now that you was in America? - I am.

Where do you practice physic and divinity now? - Where I am employed: I reside at Lambeth.

How long have you lived in Lambeth? - A year and a half: I have not been acquainted with the prisoner above twelve months; I knew him at Mr. Downing's.

Did you never propose to enter into partnership with any man in horse-dealing? - No, never.

Do you know Dr. Norris? - Yes; I have lost five hundred pounds by him; he was a stay-maker.

Had you any annuity on the life of Dr. Norris? - Forty pounds a year.

Did you never authorize the prisoner to offer the annuity on Norris's life for sale, in order to engage in partnership with the prisoner, in the horse dealing business? - He often asked me to lend him fifty pounds; but upon my honor he never had the bond, nor the assignment of the annuity in his possession in his life.

Whose hand writing is this? (Shewing him a letter.) - The hand writing is in some measure like mine; but it certainly is not mine, to the best of my knowledge; but I cannot say.

Upon your oath do you believe that not to be your hand writing? - William Moore is my name.

Upon your oath is that your hand writing or not? - Upon my word and credit I declare it is a good deal like it; but by the oath of a man I cannot say it is.

That is not spelt as you occasionally spell your name? - It is not.

Is it your hand writing or not? - By the honor of a man, and by the life, I do not believe that ever I wrote that, and yet there is a resemblance of my hand writing.

Do you believe it is not your hand writing? - Why, now, I tell you it bears a resemblance, and so does every forgery; but to my knowledge, when in my senses, I never wrote that.

Do you believe it is not your hand writing? - By my oath I do not believe it is my hand writing, though I tell you there is a resemblance in part of it; yet I never spelt my name so.

Do you use any other name than Moore? - I occasionally use the name of Campbell, to make out a bill or so, William Moore Campbell ; I am entered in the parish books by the name of Campbell, since I took my house, which is about a year.

Do you know a man of the name of Henshaw? - I do not recollect.

Was you ever at Plymouth, Doctor? - Yes.

Was you ever in Cornwall, Doctor? - Never.

Never engaged in any mining business? - None but in Wales; I was, perhaps, the only man that went to that mine; carried it on with honour and reputation, publickly declared when I was going to leave it: I had the honour of dining with Judge Parry, the member, and the Archbishop of Canterbury's Chaplain; and it was conducted with honour, character, and reputation.

You never used the name of Henshaw? - Never since I was created.

Look once more at that letter? - It looks extremely like my hand writing; but that R is not like mine.

[Note. This was the letter afterwards

shewn to Dr. Norris, and other witnesses for the prisoner.]

The letter, addressed to Dr. Moore, No. 10, Pratt-street, Lambeth, produced by the witness, and alluded to in his evidence, was read.

"Sir,

"I should have called on you last night,

"but was under the necessity of returning

"as soon as possible, not having any lodging

"for myself and family: you need

"not wish me to expedite the business of

"selling the mare, as it is for my interest

"to sell her soon, and for as much money

"as possible, as I want to begin business

"in the horse way, which from the various

"disappointments you have been the occasion

"of, has distressed me beyond expression;

"not only distressing my wife and

"children, but selling my furniture; but

"as soon as the mare is sold, I must begin

"to do something to extricate my family

"from their present disagreeable situation,

"in which you have been the sole instrument

"of involving them; I shall take

"the earliest opportunity to return; but

"as I have been obliged to leave them

"some debts unsatisfied for the present,

"do not wish to come into the neighbourhood

"till I have discharged them.

" John Burrows ."

Mr. Knowlys. Had you ever given this man an intimation that you had an intention to take him into partnership? - Never; but I had given him a notion that I would lend him sixty pounds, if he behaved well; and I found out he had propagated a report that I had lent him sixty pounds.

Had you intimated to any person on earth that you intended to enter into the horse-dealing line, and to take this man into partnership? - No.

Prisoner. Whose stable had the mare stood in? - I do not know; I paid regularly weekly for it to the prisoner.

Do you even now know the name of the person? - No; by the honour of a man I do not.

WILLIAM MOORE , junior, sworn.

I know nothing about the mare. I was at Justice Read's when the prisoner was brought up; he confessed he had sold the mare for eight guineas; and he produced a paper which he said was sent by Dr. Moore; and he said he had wrote that letter, and taken it to Dr. Moore's house.

Mr. Garrow. Are you of any profession? - I am in the surgical line; I am learning the profession.

Where? - I am attending some of the hospitals occasionally.

Which of them? - Bartholomew's; I go there occasionally.

Do you mean that you are a pupil of any hospital? - No, I am not, but I can go into any of them.

How long have you been in London? - I really am not sure; I suppose about three or four months.

I understand you are of the sister kingdom; you are an Irish gentleman? - No, Sir, I am not; I was born in America.

May I presume to ask how old you are, just to fix the time of the doctor's return? - I am not sure as to the time; about nineteen or twenty.

Who have you been instructed under? - I studied under Surgeon Hallicon , in Dublin; I never saw the prisoner at my father's house; nor till I saw him before the justice; I heard he came there backwards and forwards occasionally.

Do you mean as a visitor? - No, but that he took out the mare occasionally.

Did you know any relation lately of the name of Campbell? - Yes.

How long ago? - That I cannot particularly say.

Has your father used the name of Campbell? - Yes; he has sometimes used both; sometimes Moore Campbell, sometimes Moore.

Which most frequently? - That I cannot take upon me to say.

Then as far as you know, your father has never made out any bills, in which he has called himself Dr. Moore Campbell ? - No, Sir, not as far as I know.

You never saw such a bill? - No, not since I came last to England; I was here about twelve months ago, and then my father made out one bill for Mrs. Brown.

PRISONER's DEFENCE.

My lord and gentlemen of the jury, I am struck with so great an awe, appearing before this grand tribunal, that I fear I shall fall very short in making a defence to meet so heavy a charge as that on which I stand before you; at the same time I feel myself happy that I am before a jury who are men of property and character, and where I may expect that justice which is the grand characteristic of an English jury. The situation I have always held in life, I flatter myself, has been very respectable; my connections have been amongst the bettermost kind of people; and although from the first of my entering into life I have been unfortunate, I cannot accuse myself of being any ways criminal. At the age of twenty years I found myself in possession of a sum of money very little short of ten thousand pounds, an age much too young to turn it to advantage: I thought mankind honest as myself, therefore I the more easily sell into the snares that were laid for me; for every one seemed to court my friendship; and it was who should be first to serve me. At the age of twenty-five I formed a connection with a man who at this time is in a very great line of business, and lost very near five thousand pounds; and I was almost the only sufferer, as a scheme was laid for me, being known to be a man of property; and I was continually arrested, and sometimes imprisoned, while those who were in partnership with me went unmolested: I do not mean to cast any reflection upon my partner's conduct; but it had been better for me during the distress I have since suffered, if he had been endowed with a more liberal heart. That every one to whom we stood indebted, might receive their just demand, I put into the hands of a worthy alderman all my estates, which were sold at public sale to the best advantage, and paid every man twenty shillings in the pound, after which I believe I had a surplus of near one thousand pounds, which I went into business with in the drapery line, in Cheapside; but still fortune was unkind; I was continually harrassed, and became a bankrupt; but so good an opinion had my creditors of me, that upon my examination not one appeared against me, but pitied my situation, and liberally assisted me afterwards; for the course of seven years I indured every kind of distress and hardship; penury and want were continually my companions; still I did not swerve from that which is just, but bore my unhappy situation with a becoming fortitude, and would rather starve than be guilty of a meanness. Fortune once more smiled, and I found myself happily situated as master of the riding school in Gray's-inn-road; there I thought my sorrows and sufferings were at an end, and that the latter part of my life would prove much more favourable than the beginning; my business flourished, my family seemed happy, and I was quite contented: when, dreadful thought! I took into co-partnership a young man from the country, who soon formed an unlawful connection with my wife, robbed me of most of my property, set off for France, and remained there three years, until they had squandered all away; once more I was reduced to poverty, in which state, gentlemen, I now stand before you: and, gentlemen of the jury, as men, as Christians, and no doubt, many of you fathers of a family, picture to yourselves my distresses; robbed of my property, of the partner of my bed, by whom I had had seventeen children; but what must her feelings have been upon cool reflection; she, that should have been the protectress of her family, in one moment, by one base act, brought into a state of beggary; I hope God has forgiven her. Gentlemen of the jury, I have now living five children, which I am happy to say have been taught a proper sense of their duty both to God and

man, that I make no doubt they will make worthy members of society, and I hope will enjoy more comfort than their truly unfortunate father. My lord and gentlemen of the jury, the case now before you is for stealing a horse: can it be supposed, considering the various scenes I have been through, the character I have supported under such distressing circumstances, that I am capable of so base an act? No; I shudder at the thought: the just character that will be given to my prosecutor during the course of my trial, I am sure will operate in my favour, and convince you that it is a malicious prosecution; not content with starving myself and family, he wishes to rob them of their protector, by striking at my life. My lord and gentlemen of the jury, is it possible I could steal that which was partly my own property? as the prosecutor sent one Cook to me, desiring I would call upon him; the purport of which was to propose a partnership; and the first condition, that I should take the mare at the same price that he had given for her; from that time I considered her as part my own; took the whole care and management of her on myself; rode her; kept the bridle and saddle at my own room; and frequently obliged my friends, by letting them ride her when Mr. Moore nor myself did not want her, as will be proved by the evidence of several gentlemen of property and character. My Lord and gentlemen of the jury, can it be supposed; can it carry the least shadow of truth, that I should lend a horse for my friends to ride, that I had no property in? Thus has the prosecutor promised from time to time to advance the money, and kept me in suspence for upwards of five months, until I was under the necessity of pawning all my own wearing apparel, as well as my children's, for support; at last I was obliged to sell my houshold furniture at less than two thirds of the real value; still he assured me the money should be advanced, and that I should be properly recompenced for my time, trouble, and loss I had sustained; that we should not stand still for money, he having it in his power to procure any sum we should stand in need of; and if we went on well, nothing should be wanting My lord and gentlemen of the jury, this language seemed very pleasing to me; my situation required assistance; and a distressed man lays hold of every thing; little did I think I should be so gratefully rewarded, as to be tried for my life! My lord and gentlemen of the jury, I was poor before, but to rob me of all I had, my good name, the only thing left to protect me and my family in this world, is cruel beyond expression: still buoyed up with hopes, I took the resolution of requesting Moore to be open, and acquaint me if he had any doubt of advancing the money, as I had been so long in expectation of it, that I could not wait any longer, as the last thing I had to dispose of was my table-cloth, my sheets, blankets, &c. being already gone; he informed me the money he could have as that day, but was sorry to say upon such disagreeable and unjust terms, as he could not accede to it, therefore required I would endeavour to dispose of an annuity of forty pounds per ann. during the life of Dr. Norris, and set the piece at one hundred and twenty pounds, and assured me, that as soon as sold, I should have part of the money, to immediately begin business with it; every endeavour was used by myself; I made every application in my power to dispose of the annuity, and spent upwards of two guineas in about a fortnight's attendance, on different people, and at different parts of the town; but found to my sorrow, that the annuity was not marketable, as Dr. Norris was advanced in years, and in a very infirm and poor state of health; I waited on Dr. Norris himself, who would not purchase it on any consideration: thus I found I was amused by Moore, to answer his villainous purposes. My Lord and Gentlemen, the latter end of the month of February, Moore rode the mare out, and not paying attention to the road he was going, the mare and himself fell into a place opened in the road to lay down some pipes: the mare received great injury; Moore was very little hurt: he returned home, and immediatelysent for me, but being from home, I could not attend her. In the evening, I went to the stable and found her in the following state; her knees broke, her chest damaged, and her eyes very much hurt. The next morning I acquainted Moore with the state that I had found her in. Moore requested I would immediately fell her, as he was convinced she was not safe to ride. I acquainted him, in the state she was at present, no one would purchase her, unless she was sold on very low terms; therefore we agreed to keep her until the damage she had received should be hid, which, from the attention I paid to her, was accomplished in about three weeks or a month, as it was a time horses shed their coats; and her colour being grey, the blemishes were very little seen. Now, my Lord, and Gentlemen of the Jury, comes the most particular part of the transaction, and which I hope you will pay attention to, as it will throw a proper light on this cruel, unjust, and malicious prosecution. I informed More, as the mare was unfound, and almost blind, it was necessary a letter should be drawn as though she came from the country, and directed to me at a different place from where I resided: he desired me to draw the letter, bring it up to his house, and he would copy it, at the same time throwing down one shilling for luck, in the presence of the witness, which will be produced. I drew the letter (intended only as a copy), Moore read it over, and said there was no need to copy it; it would do as well if he signed it, which he immediately did, and with the same ink. I dated as though he lived at Hendon: this was on the 17th of March. I continued in that neighbourhood, I think about a week, as my landlord will prove, and every day rode the mare out, endeavouring to fell her: but, being unsuccessful, I took her to Paddington, and there sold her for eight guineas, a price much more than she was worth; and acquainted Moore by letter, as soon as I could I would wait on him, but hoped that I should have no more equivocations about advancing the money. Moore, conscious in himself that he meant to deceive me, sent one William Davis to meet me at a public house, behind Mr. Fozard's Yard, Piccadilly, who informed me he was sent by Moore, and that I had swindled him out of a mare. I told him I had sold the mare; but Moore being indebted to me for trouble and attendance upon him for upwards of five months, I should keep it for my own use, and desired him to send for More, which he did; but, not attending, after keeping me in custody from twelve at noon until six in the evening, he let me go about my business, at the same time saying, had he known the business, he would have had nothing to do with it. Thus matters rested, until Moore met me, and took me before Justice Read, Poland-street, where he swore he had neither signed any letter, or given any verbal orders to sell the mare. Gentlemen of the Jury, the proofs that I shall bring, which are all respectable, cannot leave any doubt on your minds, that he gave both written and verbal orders to sell the mare, and left the disposal of her entirely to me as his partner, but that he now wishes to make a property of me. I rest my case entirely on the candour of the Jury (being convinced I am in a just cause) who cannot fail to see into the prosecutor's intention, and that all the evidence given by himself and witnesses, cannot carry any foundation of truth, and hope this Honourable Court will treat it with the contempt it deserves. I now, Gentlemen, trust my life in your hands, resting assured you will acquit me of the whole of this charge, and restore me once more to my truly distressed family.

[The Paper shewn these witnesses was that which was produced to Mr. Moore on his cross-examination.]

GEORGE DOWNING sworn.

I have known the prisoner for some years, ever since the year 1778, a very respectable but unfortunate man: I knew him when he kept the Riding-school, where

he certainly was in a very respectable line.

Have you ever been acquainted with the hand-writing of Mr. Moore? - I have often seen him write.

Do you believe that to be his handwriting? - I do.

Would you have paid a draft with that signature? - No doubt of it at all.

Have you the smallest doubt that it was signed by the man that comes to complain his horse was stolen? - None in the world; I have not the least doubt.

JOHN SERCHILL sworn.

I have known Dr. Moore eleven years; I know his hand-writing; I have no doubt but this is his; I should pay cash for him on seeing such a signature; I have seen his name spelt without an E.

Dr. THOMAS NORRIS sworn.

Do you know a person who calls himself Dr. Moore, and lives at Lambeth? - Yes, Sir.

How long have you known him, Doctor? - Why, Sir, it is some years to be sure.

Where did he live, when you first knew him? - When this man was brought to my house, I lived in Duke-street, Westminster; I did not know that he had any place of residence; my son-in-law brought him to my house; I have often seen him write; I have several receipts of his (here is one) I really believe them to be his, or else I would not pay my money for them.

Look at this paper? - That is his handwriting, there is not a doubt about it?

Have you the least doubt that he signed that paper? - No more than I have of my existence.

But the Doctor denies it? - Was he asked the question?

Yes, he was? - If I had the smallest shadow of doubt, I protest I would not be so positive.

From your general knowledge of the general character of Doctor Moore, do you think him to be a man fit to be believed in a court of justice, on his oath? - Indeed I do not.

I will repeat my question, that we may not be supposed to mistake? - Indeed I do not, where he had any interest to obtain.

Mr. Knowlys. You and he have had many disputes about money matters; have you not? - I could tell you, but it is a long affair; he cajoled a Mr. Lewis, who lent him a sum of money.

One of the Jury. My Lord, I believe the Jury are satisfied.

Jury. We are satisfied.

NOT GUILTY .

677. The said JOHN BURROWS was again indicted for stealing a man's saddle, value twenty shillings, and a bridle, value five shillings , the property of William Moore .

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Mr. Garrow. May it please your Lordship; my Lord, I stand at this moment in a situation, in which I hardly know how to address myself with proper decorum to the Court, because I have to night experienced one of the most uncomfortable scenes that can belong to human nature, in the course of having been called upon as a feeble and very unworthy member of a very honourable profession, to endeavour to preserve the life of a fellow subject; and I have had the good fortune to assist an enlightened jury; I have had the good fortune to be (without any of the affectation of those who talk of the divinity of their nature) able to defeat as nefarious, as abandoned, and as profligate a prosecution as the annals of human depravity can afford; but, my lord, my duty will not permit me to stop here, and your lordship, I will be bold to say, would not do your duty if you

caused me to stop here, if you denied me the requisition I ask: my lord, without meaning to give any offence (for it cannot be my interest, and it is not my inclination) I DEMAND of your lordship, that this innocent, this injured, this oppressed man, whose life has been attacked by perjury, and by the denial of the hand-writing of the prosecutor, may be furnished with the means of further vindicating his injured innocence: your lordship knows, you have the means of damming up the fountain of justice; and though he would not have much to lament, I agree, after the reparation which he has already had; after twelve of his fellow citizens; careful, intelligent, enlightened men, hearing this prosecutor's story; after such a jury have, without any directions from your lordship, without any witnesses to his character; with hearing half his case; when they have said, that they cannot see it necessary to continue the trial any longer; God knows, the prisoner is a happy man, and may retire with comfort and satisfaction: he has been deluded into a situation of ruin; and he has after all, after he has, under the hand-writing of that prosecutor himself, proved, by every witness in the cause, not denied even by the prosecutor himself, (for it is not to be added to the aggravated guilt of this man, I should not do him justice if I asserted he did deny it); the prisoner has proved a written authority, produced before the sitting magistrate, for that, for which he is dragged to the bar of a criminal court, charged with a capital offence. My lord, I ask no commitment of this prosecutor for perjury, I repeat it, for murderous perjury; let him go to his bed with that peace he can enjoy; I do not ask you to set him in the pillory; I do not ask you to confine him within those walls, though he is the only man in court who does not feel that he deserves such punishment, for the wickedness of that perjury, which must have been fatal to the life of that innocent man, if indeed the ways of providence were not above the the ways of those weak, miserable mortals, who fancy they can elude its all searching eye; my lord, all I ask is, that you do not deprive the man at the bar of the means of applying to the future justice of the country; your lordship knows, that without a copy of the indictment Mr. Burrows cannot maintain an action against this prosecutor, which, by your lordship's granting that copy, and the assistance of some generous spirits, who are more disposed to do in secret than to proclaim in publick, he may be enabled to maintain, and to prove, that a malicious prosecutor he was; that he aimed a shaft at the life of an innocent man; and to call for a satisfaction before twelve other men, in the character of a civil jury; my lord, will any body say this is not a demand of justice? let this man put his defence on the record; let him justify his conduct, and join issue with us on the fact; I desire to meet an English jury; I desire to come to an investigation, that is all I ask; I only ask the means of bringing an action, which I pledge myself the poverty of Mr. Burrows shall not prevent his prosecuting with effect.

The court granted a copy of the indictment.

Reference Number: t17900915-110

678. JOHN HARRIS was indicted for stealing, on the 12th of July , a diaper table cloth, value 2 s. a pair of cotton stockings, value 18 d. and two shillings and four-pence in money , the property of Robert Martin .

Phebe Martin and Robert Martin were called upon their recognizances, and not appearing, the prisoner was

ACQUITTED .

Reference Number: t17900915-111

679. EDWARD ANDREWES was indicted for a capital felony, in obstructing excise officers .

Mr. Garrow, on the part of the prosecution, said be should give no evidence.

NOT GUILTY .

Reference Number: t17900915-112

680. THE said EDWARD ANDREWES was again indicted for that he, on the 22d of April, 1785 , at the parish of Stoke Damarel , on one Thomas Kingsword , the elder, being on shore, and engaged in seizing and securing six gallons of spirituous liquor, called geneva, which was liable to be seized, unlawfully and violently did make an assault upon him, being on shore, and in the due execution of his duty .

A second Count for unlawfully and forcibly hindering, opposing, and obstructing him, being on shore.

A third Count for hindering, opposing, and obstructing one Thomas Kingsword , then an officer of his majesty, and on shore, in the due execution of his office.

(The case opened by Mr. Garrow.)

THOMAS KINGSWORD , the elder, sworn.

I am an officer of the excise : we were looking for smugglers, and about two in the morning fourteen or fifteen came over in a boat; every man had a cag on his back, and a bludgeon when they landed; then we ran after them, and took some cags from their backs, which were all slung; we made good our seizure, and the head-most of the smugglers ran away, and we ran after them; they put their cags behind an island house, and began beating me, and cut my head all to pieces; then I found it would not do; I was walking away, and they smashed my legs all to pieces by a stone that they hove at me; then one of our people led me along, and laid me down at a publick-house, and just after that the smugglers came down a second time, and broke another officer's leg, that is Taylor's, and they took my pistols from my pocket, and my cutlass from me, and an anker of gin, which we had seized, and carried them off; one part of the smugglers said, have you killed the b - is? and the others said, they are dead enough: I knocked in the head of one of the casks, and tasted it, and found it was foreign geneva: I know the prisoner very well, but do not know that he was there; I did not see him during any part of the transaction.

THOMAS BREWER sworn.

I was an officer of the customs, in Mr. Kingsword's assistance: we heard them taking some goods out, and coming on shore; we went up: I am sure the prisoner was one of them; he had a stick about two feet and a half long, and a cask on

his back: Mr. Kingsword cried out, that his leg was broke: they carried the casks to the boat: we got away; then they broke Taylor's leg: I saw the prisoner next morning a little after day light; he called to me, and said, I was the only man he was looking for; to which Gray, who was with him, bid him hold his peace: I have known the prisoner some years; he was there when they came out with the cags on their back; the prisoner was in company when Kingsword was struck: it was very good star light.

Was it light enough for you to see his face? - Only by the colour of his clothes: he was the only man that had that kind of jacket, and I saw him the next morning so dressed; and I think he said, I was the man he had been looking for.

Are you sure he was there? - Yes.

THOMAS MILES sworn.

I am a boatman.

Mr. Fielding. Do you remember the transaction in 1785? - Yes.

In what employ was you then? - A waterman.

You have a boat belonging to you? - Yes.

You plyed at the ferry? - Yes; between Mutton Cove, and the opposite side; William Kingdom and Thomas Collett hired my boat, to be ready between one and two in the morning; I went to Mr. Elswether's; nine or ten came in my boat; each of them had a cag slung; the prisoner was among that party; I brought him in the boat with the goods; this was the 22d of April, 1785: he was armed with a stick: he was in that boat: they rowed the boat over: I saw them land: they took the goods out, and put them on their shoulders, and carried them towards land: I carried no part.

Did you see the officers when they made their appearance at first? - I went close up after them, and the officers came running after them, to pursue them; I was close to the officers; the officers went past me, and went after them; I went close up after the officers, and there is a house that is by itself; some went behind the house; old Kingsword was behind the house: I heard him cry out after his leg was broke: it might be ten minutes or a quarter of an hour before I heard old Kingsword cry out; two of them came down when old Kingsword was carried over, and they said, you b - r, we will do for you yet; there might be four or five present: the next morning I saw Edward Andrewes come down, when I went to look for my boat; there was nothing passed between us; we went over the water together: somebody had taken my boat over the water: I could not find my oars: I went to the house of Kingdom and Collett: Andrewes said nothing to me: he said, Mr. Brewer, the other officer, was the only man we wanted to catch; Brewer was not in hearing: Brewer came down to Mutton Cove: Mr. Grey, who was in the boat, said, hold your tongue: Brewer was not in hearing, but speaking at him; he said, you are the person we wanted to catch: Brewer was with the officers over night: I went to Guernsey with the prisoner, Edward Andrewes ; they made a subscription of two shillings a piece; Andrewes subscribed his two shillings.

Mr. Knowlys. You have lost an arm? - Yes.

You could not very well maintain yourself? - No.

You was a witness when Grey was tried and acquitted? - Yes.

I believe then you said, that Andrewes was in liquor? - He was a little in liquor. Andrewes had a cag as well as the rest.

THOMAS KINGSWORD , the younger, sworn.

I am likewise in the excise; I was employed in the service the 22d of April, 1785; I was with my father and brother: there was thirteen or fourteen; they had sticks; we seized three or four ankers from the hindermost of the smugglers; my father pursued after: my father went with many smugglers behind the Island-house wall: I

heard the blows: I heard my father cry out; he cried out to me, my leg is broke, Tom; I heard the blows before: I had a cag of geneva: one of the officers fetched him over to the front of the house; there I found him in the condition I described; I knocked for entrance to take my father in; before I could have admittance the smuglers returned again; and they knew my father, and made use of a very bad expression, you b - s, we will murder some of you; then they struck, and knocked down this Taylor, and his leg was broke; he came from the back of the house, where the smugglers were; he came out of the boat, but they did not observe him in particular: the first time I saw him was at the door of the Fortune of War; he came down Liberty-street, with the other party: the attack had been made on my father at the back of the Island-house.

Did he appear to be one of the party? - He was in the party.

Mr. Knowlys. You was examined on the former occasion, on the trial of Grey? - Yes.

Then I believe you was asked whether you could distinguish any of the persons, and you said you could distinguish Joseph Hawkins ? - I could distinguish Joseph Hawkins and Edward Andrewes .

Did not you, on that occasion, expressly say, that you could distinguish Joseph Hawkins , but nobody else? - I did not swear to nobody else.

I will put you the question that was asked you by the solicitor general,

"did you

"know any of the others; did you know

" Joseph Hawkins and David Andrewes ;

"could you distinguish any of them?" then your answer is,

"I could distinguish

" Joseph Hawkins ." Did you know any of the others; did you know Joseph Hawkins and David Andrewes ? - I could distinguish Joseph Hawkins .

You did not see Andrewes in the first party? - I cannot swear justly to the first time; but I can swear to the second time.

Another question was put to you,

"you

"said just now, if the other persons that

"were busy in the affray were produced

"to you, you should recollect the features

"of some of them?" your answer is,

"I

"cannot say I should." Did you give that answer to that question? - Yes.

Mr. Fielding. Whatever the questions were that you might have been asked on a former occasion, are you sure he was one of the men that was there? - He was the second time with a bludgeon.

GUILTY of obstructing the officers in the duty of their office .

To be confined to hard labour two years on the river Thames .

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

Reference Number: t17900915-113

681. ROBERT SMITH was indicted for that he, on the 18th of August , one piece of false counterfeit coin, did utter, as and for a good shilling, to one Moses Fonseca , against the statute .

A second Count for having in his possession at the same time, sixteen bad shillings, and two bad half crowns, and four bad sixpences, against the statute.

(The case opened by Mr. Reeves.)

MOSES FFONSECA sworn.

I am a watch and came string maker. I live in Petticoat-lane. I know the prisoner: on the 18th of last month I went into Thames-street, facing the Custom-house: Spinosa was over the way: the prisoner came and asked me to give him two six-pences for a shilling? I said, I believed I could: he was a stranger to me: I put my hand in my pocket, intending to do so: he gave me a shilling that I have got here now; I looked at it, and told him it was a bad one; it looked a good one on the face of it: he stood arguing about it: I said, it was a bad one: Spinosa came up: I gave the prisoner the shilling again: Spinosa asked me what was the matter; I told him: Spinosa knew him; and he took the

shilling out of the prisoner's hand: he was searched, and a great deal more found about him; I have had the shilling ever since: he was committed: Spinosa gave it me.

Prisoner. He has been tried here? - I was tried here for a misdemeanor five or six years ago.

JACOB SPINOSA sworn.

I know the prisoner: I took the shilling from the prisoner: I searched him, and found sixteen shillings, a half crown, and four six-pences. On the 18th of August Fonseca went with me to serve a warrant in Thames-street; I went to look for my prisoner; I came back, and saw the prisoner, and Fonseca, and two or three; I asked what was the matter? he told me the prisoner had asked him for two sixpences for a shilling, and that it was a bad one; it was then in the prisoner's hand; I took it out, and I said, Mr. Badley, you are on your old tricks; I searched him, and found some more bad silver: he said, he bought it for four shillings and a penny, and was going to Cox, the refiner's; I marked the shilling with the head of my staff, across; I kept it till the 20th, then I returned it to Fonseca; I gave it him when the prisoner was committed; I should know it again. (Deposes to the shilling.)

(The shillings, half crown, and six-pences shewn to the jury.)

PRISONER's DEFENCE.

I was walking along, and they came and took me: I never offered them any shilling: I said, I was going to Mr. Cox's to sell them: they will swear any thing, my lord.

GUILTY on both counts.

Imprisoned twelve months , and to find security for good behaviour for two years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17900915-114

682. ELIZABETH BROWN and SARAH KAY were indicted for uttering a bad half crown, knowing it to be counterfeit .

A second Count for having another bad half crown in their possession.

The indictment opened by Mr. Reeves. and the case by Mr. Fielding.

SAMUEL SANDYS sworn.

I lived, when this transaction happened, in Gracechurch-street; I was servant to Mr. Swain, a linen draper. On the 3d of August Brown came in, and asked for a quarter of a yard of Irish cloth, at one shilling a yard; she tendered me a half crown; I had no change; I went next door to get change; they told me it was bad; I thought it was not, and I cut it, and found it was bad; I told her it was bad; she said, so it is, and I found it bad; she went away; I followed her: when she got a few yards I heard Kay call after her, Bet; I did not see Kay till she called; Brown and she joined, and I followed them; they separated, and Brown went into Mr. Howgrave's shop; I went up to the window, and I saw her offer some money, which they refused; I did not see where Kay was at that time; I went in, and said, I thought she had offered them the same half crown that she had me; she was then gone out; and in consequence of what I said, they sent for a constable; I was present when she was apprehended; I asked her whether she had not spoke to somebody between our shop and there; she said, no; I saw Kay standing on the opposite side of the way.

RICHARD BEVIL sworn.

I am clerk to Mr. Howgrave, a haberdasher, in Bishopsgate-street. I know Brown; she came to our shop on the 3d of August, and asked for a piece of ribbon, for a watch string; it came to two-pence; she offered me a bad half crown; I returned it to her again; I had a suspicion, and a constable was sent for, and she was

fetched back; the constable took the half crown from her, and gave it to Mr. Howgrave: I was not present when she was searched.

- HOWGRAVE sworn.

I have a half crown a servant of mine gave to me on the 3d of August; I think I had it from Bevil; I am not sure whether from him, or another of my young men; it was given to me before the constable came.

(The half crown shewn to the court.)

Sandys. This is not the half crown she tendered to me.

THOMAS SAPWELL sworn.

I am constable. I searched Brown, and found nothing on her: in consequence of information I took Kay; she was about three hundred yards off; Mr. Sandys gave me information; I searched her, and found five half crowns in her bosom; I have four of them; Mr. Sandys has the other: I found eight shillings good money, and ten-pence in halfpence.

(The half crown produced by Sandys.)

Sandys. This is the half crown Brown offered to me, and this was found on Kay.

(The half crowns shewn to the jury.)

PRISONER BROWN's DEFENCE.

I leave it to my counsel. My attorney was with me last night, at nine o'clock, and told me he had employed counsel. I am a misfortunate woman; I had the money of a man that slept with me; I had six, and I paid Mrs. Kay five for lodging.

PRISONER KAY's DEFENCE.

I was coming from the Borough, and I met the prisoner Brown, and she paid me five half crowns for five weeks lodging.

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

BOTH GUILTY .

Imprisoned twelve months in Newgate , and to give security for two years good behaviour .

Tried by the London Jury before Mr. COMMON SERJEANT,

Reference Number: t17900915-115

683. THOMAS LOCKITT was indicted for obtaining by false pretences ten glass tumblers, value 10 s. two glass decanters, value 5 s. and twelve wine glasses, value 2 s. the property of Nicholas Goodwin .

JANE GOODWIN sworn.

I know the prisoner. I am wife of Nicholas Goodwin , of Coleman-street. On the 24th of July , between three and four, the prisoner came to me; he brought a note; I have it here. (Produced.)

Do you know such a person as William Copeland ? - Yes; he is clerk to Mr. Spode; I believe he has been at our shop as clerk to Mr. Spode, and done business as such: I gave the prisoner ten half pint tumblers, and two quart decanters: they were my husband's property: he came back for some more, and my daughter served him; I was present; he said, he came for a dozen wine glasses from Mr. Spode.

When he asked for a dozen of wine glasses, who did he apply to? - My daughter; and she gave him them.

JANE SOPHIA GOODWIN sworn.

On the 24th of July last I was present when the prisoner came in with the note; I did not read it; I do not know what it was: my mother gave him ten half pint tumblers and two quart decanters; he came again in less than half an hour; he said, he wanted a dozen of wine glasses; he said, he came from Mr. Spode; I gave them to him: Mr. Spode keeps a Staffordshire warehouse; he has borrowed some things at our house: I knew the prisoner;

he lived at Mr. Spode's once, but not at this time.

WILLIAM COPELAND sworn.

(The note shewn him.)

This is not my hand writing. (The note shewn to the court.) I never sent any such note: I am servant to Mr. Josiah Spode : the prisoner was a servant of Mr. Spode's about five months ago.

JOSIAH SPODE sworn.

I never gave any orders for any wine glasses: I was on a journey at that time.

PRISONER's DEFENCE.

I have never been in the prosecutor's shop these eight months, since I left Mr. Spode's service.

Mrs. Goodwin. I am sure he is the man; the first time I saw him I said, he was not the man; but on seeing him again, I said, he was the man; I had seen him twice or three times, when he was in Mr. Spode's service.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17900915-116

684. RICHARD EVANS was indicted for obtaining by false pretences twenty-four glass tumblers, value 12 s. and twenty-four wine glasses, value 4 s. the property of John Payne .

- PAYNE sworn.

I live in Bishopsgate within. I am wife of John Payne : he keeps a Staffordshire warehouse . I know Mr. Spode; I have known him a great many years; he is a Staffordshire potter. On the 24th of July a note was brought by the prisoner: he said, he came from Mr. Spode. (The note produced.) Mr. Spode lives in Fore-street: the prisoner gave me the note, and said, I must give him the half pint tumblers and wine glasses; he went away, as I said, I had not got any plain tumblers; he came back again, and said, he must have ribbed ones; he said, he came instead of the man that used to drive the cart: I gave him the goods on the credit of the paper.

Court. The prisoner must be acquitted, because the indictment is wrong laid : the indictment says, they were delivered on the credit of his story that he told.

NOT GUILTY.

Tried by the London Jury before Mr. COMMON SERJEANT.

Reference Number: t17900915-117

685. The said RICHARD EVANS was again indicted for obtaining by false pretences two dozen of half pint square goblets, value 17 s. 6 d. the property of William Tagg .

WILLIAM TAGG sworn.

I live on Holborn-hill. I deal in glass and Staffordshire ware . I know Mr. Spode. On the 23d of July the prisoner came and said, he wanted the goods mentioned in this note, signed by Mr. Copeland: he said, he had lived with Mr. Spode two days: I delivered the goods agreeable to this order.

(The order read.)

WILLIAM COPELAND sworn.

I am clerk to Mr. Spode of Fore-street.

(The note shewn him.)

This is not my hand writing. I never saw the prisoner but once before. He was not a servant of ours. I never sent him to Mr. Tagg.

JOSIAH SPODE sworn.

I live in Fore-street. I deal with Mr. Tagg. I never saw the prisoner before.

Mr. Tagg. He said when he came to me, that he came from Mr. Spode.

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

JANE FLEMING sworn.

I am his sister. I know a man of the name of Lockitt; he has been a customer of my mother's a long time; he used to come to our house very frequently: I know my brother was acquainted with him.

GUILTY

Transported for seven years .

Tried by the London Jury before Mr. COMMON SERJEANT.

Reference Number: t17900915-118

686. The said RICHARD EVANS was again indicted for obtaining by false pretences twenty-four half pint tumblers, and twelve adelphi wine glasses , the property of George Pearman .

GEORGE PEARMAN sworn.

I live in Gracechurch-street. I know Mr. Spode; he lives in Fore-street. On the 24th of July the prisoner came to my house, about eleven o'clock, and tendered me this note; I asked who he came from in Fore-street? he said, from Mr. Spode: I told him I had no full half pint tumblers; but I had small ones; he said, it was small ones were wanted, and that he was going to Leadenhall-street, and would call again presently; he came back again; I had them nearly ready; I made out a bill of parcels, and delivered them to him, and he went away: I never saw him before to my knowledge.

(The note read.)

Court. Are you sure as to his person? - Yes.

WILLIAM COPELAND sworn.

I am clerk to Mr. Spode.

(The note shewn him.)

This is not my hand writing.

JOSIAH SPODE sworn.

I never sent the prisoner for any thing.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. COMMON SERJEANT.

Reference Number: t17900915-119

687. JOHN RYAL was indicted for a misdemeanor .

The prosecutors not appearing, the defendant was

ACQUITTED .

Reference Number: t17900915-120

688. ROBERT JACQUES , ROBERT GRIFFIN JACKSON , JAMES APSAY , THOMAS ARNOLD , and ALEXANDER BARCLAY , were indicted for a conspiracy, in causing William Clipson to be indicted for the wilful murder of Charles Hart ; and afterwards, to wit, on the 9th of December last, to be tried for the said murder, when the said William Clipson was acquitted and discharged .

The case opened by Mr. Garrow, as follows:

May it please your lordship. Gentlemen of the jury. Gentlemen, this is an indictment against the several defendants now before the court, Robert Jacques, Benjamin Griffin Jackson , Alexander Barclay , James Apsey , and Thomas Arnold . You have already collected from the stating this indictment, what the nature of the offence imputed to these defendants is; and as it certainly bespeaks that this is a case which will occupy much of your time, it is undoubtedly my duty to abstain from wasting it; and, gentlemen, in discharging the duty imposed on me as counsel for the prosecution (not a very pleasant one) I shall endeavour to draw your attention to the evidence I shall lay before you, with a very few observations on that evidence. Gentlemen, the indictment charges, that Mr.

Jacques, conspiring, with the other defendants, to impute to the prosecutor the crime of murder, did in the progress and carrying into execution that conspiracy, file an indictment against the prosecutor, that the prosecutor was in consequence thereof, indicted, tried, and acquitted. By this time, gentlemen, I am certain you feel that no enquiry can be imagined more important than the present, except that which forms the preliminary enquiry; I mean the enquiry into the guilt of the present prosecutor. Gentlemen, on this occasion I desire that you will feel no alarm, left this prosecution should have any effect to prevent proper enquiries on the death of any of the king's subjects; no man can feel more than I do the necessity of such enquiries being perfectly free, and that nothing should occur to shake such enquiries; on the other hand, nothing can be more important than to guard innocence, and to shelter virtue from the wicked and malevolent attacks of their adversaries; therefore, undoubtedly, though on the one hand, every prosecution that has a probable cause in it, when the death of one of the king's subjects is the point of enquiry, ought to be encouraged; yet on the other hand, if there should be bad men found, equal to the task of forging accusations against others, and supporting such accusations by evidence before grand juries, that also forms a very serious enquiry. Gentlemen, the charge against Mr. Clipson is not that of any ordinary mode of putting another man to death; it does not impute to him, that he brought this man, Hart, to his end, by poison, or by any other violence, but by a specific art, which I am now about to state to you from the indictment, namely, that Hart being a prisoner, and Clipson the deputy turn-key, he placed this man in an unwholsome, damp, and inconvenient room, without his consent, knowing it was an improper place; and that in consequence of that improper treatment and confinement, Hart came to his end; that is the charge. Now, gentlemen, the law is so attentive to the situation of prisoners, that in all cases where a man dies in gaol, it is provided that the coroner's inquest should be summoned, to prevent improper treatment, and to take care that nothing of malice or malevolence should prevail. Gentlemen, in producing the evidence I have to lay before you, I shall first produce the record of Mr. Clipson's acquittal; but I do not stop there; I mean, if I am permitted by the Court, to go into a full and ample and labourious investigation of all the circumstances that attended Hart's preceding illness and death, as fully as if Mr. Clipson was on his own trial; and I do it with this view, to shew you not that he is innocent, but that it is impossible any man alive, from the moment Hart became sick, to his death, or to this moment, can, acting on any fair opinion, on any serious investigation, have believed for a single moment, that his imprisonment in that strong room, either occasioned his death, led to it, or in the smallest degree whatever accelerated it. When I have established the innocence of Mr. Clipson; when I have established the impossibility of any man believing he was guilty, it seems to me I shall have got a considerable way on the journey I have undertaken. I undertake to prove to you that there was malice in those who have indicted him; that there was no reasonable or probable cause for the accusation; if I shew you that you must agree he did not come at his death by those means, I have accomplished a great part of my task. Gentlemen, in general we do not meet with defendants so hardy as I am obliged to state the present defendants to have been; in general, defendants of this complexion shrink from the investigation of the public eye, and do not court public inspection; but I shall shew you, that, antecedent to the death of Hart, that this was looked to as a thing to be hoped for: and that Mr. Jacques, at the head of this conspiracy, talked of it, not doubting but it would prove lucky and desirable; and he did not leave us in doubt of his malice or malevolence; but he stated in terms, in the presence of Mr. Barclay, and in the hearing of witnesses that I shall call, that if Hart should die, then, said he, it will be a luckyshewn to Dr. Norris, and other witnesses for the prisoner.]

The letter, addressed to Dr. Moore, No. 10, Pratt-street, Lambeth, produced by the witness, and alluded to in his evidence, was read.

"Sir,

"I should have called on you last night,

"but was under the necessity of returning

"as soon as possible, not having any lodging

"for myself and family: you need

"not wish me to expedite the business of

"selling the mare, as it is for my interest

"to sell her soon, and for as much money

"as possible, as I want to begin business

"in the horse way, which from the various

"disappointments you have been the occasion

"of, has distressed me beyond expression;

"not only distressing my wife and

"children, but selling my furniture; but

"as soon as the mare is sold, I must begin

"to do something to extricate my family

"from their present disagreeable situation,

"in which you have been the sole instrument

"of involving them; I shall take

"the earliest opportunity to return; but

"as I have been obliged to leave them

"some debts unsatisfied for the present,

"do not wish to come into the neighbourhood

"till I have discharged them.

" John Burrows ."

Mr. Knowlys. Had you ever given this man an intimation that you had an intention to take him into partnership? - Never; but I had given him a notion that I would lend him sixty pounds, if he behaved well; and I found out he had propagated a report that I had lent him sixty pounds.

Had you intimated to any person on earth that you intended to enter into the horse-dealing line, and to take this man into partnership? - No.

Prisoner. Whose stable had the mare stood in? - I do not know; I paid regularly weekly for it to the prisoner.

Do you even now know the name of the person? - No; by the honour of a man I do not.

WILLIAM MOORE , junior, sworn.

I know nothing about the mare. I was at Justice Read's when the prisoner was brought up; he confessed he had sold the mare for eight guineas; and he produced a paper which he said was sent by Dr. Moore; and he said he had wrote that letter, and taken it to Dr. Moore's house.

Mr. Garrow. Are you of any profession? - I am in the surgical line; I am learning the profession.

Where? - I am attending some of the hospitals occasionally.

Which of them? - Bartholomew's; I go there occasionally.

Do you mean that you are a pupil of any hospital? - No, I am not, but I can go into any of them.

How long have you been in London? - I really am not sure; I suppose about three or four months.

I understand you are of the sister kingdom; you are an Irish gentleman? - No, Sir, I am not; I was born in America.

May I presume to ask how old you are, just to six the time of the doctor's return? - I am not sure as to the time; about nineteen or twenty.

Who have you been instructed under? - I studied under Surgeon Hallicon , in Dublin; I never saw the prisoner at my father's house; nor till I saw him before the justice; I heard he came there backwards and forwards occasionally.

Do you mean as a visitor? - No, but that he took out the mare occasionally.

Did you know any relation lately of the name of Campbell? - Yes.

How long ago? - That I cannot particularly say.

Has your father used the name of Campbell? - Yes; he has sometimes used both; sometimes Moore Campbell, sometimes Moore.

Which most frequently? - That I cannot take upon me to say.

Then as far as you know, your father has never made out any bills, in which he has called himself Dr. Moore Campbell ? - No, Sir, not as far as I know.

You never saw such a bill? - No, not since I came last to England; I was here about twelve months ago, and then my father made out one bill for Mrs. Brown.

PRISONER's DEFENCE.

My lord and gentlemen of the jury, I am struck with so great an awe, appearing before this grand tribunal, that I fear I shall fall very short in making a defence to meet so heavy a charge as that on which I stand before you; at the same time I feel myself happy that I am before a jury who are men of property and character, and where I may expect that justice which is the grand characteristic of an English jury. The situation I have always held in life, I flatter myself, has been very respectable; my connections have been amongst the bettermost kind of people; and although from the first of my entering into life I have been unfortunate, I cannot accuse myself of being any ways criminal. At the age of twenty years I found myself in possession of a sum of money very little short of ten thousand pounds, an age much too young to turn it to advantage: I thought mankind honest as myself, therefore I the more easily fell into the snares that were laid for me; for every one seemed to court my friendship; and it was who should be first to serve me. At the age of twenty-five I formed a connection with a man who at this time is in a very great line of business, and lost very near five thousand pounds; and I was almost the only sufferer, as a scheme was laid for me, being known to he a man of property; and I was continually arrested, and sometimes imprisoned, while those who were in partnership with me went unmolested: I do not mean to cast any reflection upon my partner's conduct; but it had been better for me during the distress I have since suffered, if he had been endowed with a more liberal heart. That every one to whom we stood indebted, might receive their just demand, I put into the hands of a worthy alderman all my estates, which were sold at public sale to the best advantage, and paid every man twenty shillings in the pound, after which I believe I had a surplus of near one thousand pounds, which I went into business with in the drapery line, in Cheapside; but still fortune was unkind; I was continually harrassed, and became a bankrupt; but so good an opinion had my creditors of me, that upon my examination not one appeared against me, but pitied my situation, and liberally assisted me afterwards; for the course of seven years I indured every kind of distress and hardship; penury and want were continually my companions; still I did not swerve from that which is just, but bore my unhappy situation with a becoming fortitude, and would rather starve than be guilty of a meanness. Fortune once more smiled, and I found myself happily situated as master of the riding school in Gray's-inn-road; there I thought my sorrows and sufferings were at an end, and that the latter part of my life would prove much more favourable than the beginning; my business flourished, my family seemed happy, and I was quite contented: when, dreadful thought! I took into co-partnership a young man from the country, who soon formed an unlawful connection with my wife, robbed me of most of my property, set off for France, and remained there three years, until they had squandered all away; once more I was reduced to poverty, in which state, gentlemen, I now stand before you: and, gentlemen of the jury, as men, as Christians, and no doubt, many of you fathers of a family, picture to yourselves my distresses; robbed of my property, of the partner of my bed, by whom I had had seventeen children; but what must her feelings have been upon cool reflection; she, that should have been the protectress of her family, in one moment, by one base act, brought into a state of beggary; I hope God has forgiven her. Gentlemen of the jury, I have now living five children, which I am happy to say have been taught a proper sense of their duty both to God and

will necessarily force me to state to you some other offences, in which Mr. Jacques stands involved; and I would not have attempted that, if I had not persuaded myself that my Lord will be of opinion, it is perfectly regular in point of evidence. In 1787, Mr. Jacques was committed to the Fleet, as a debtor; till 1789 he enjoyed the indulgence of the rules of the Fleet; in that time it happened that several actions were brought against the Warden, for the supposed escape of Mr. Jacques, for whether real or supposed, it is all the same: On the 17th of June, 1789, Mr. Jacques was ordered to be brought within the walls, and from that period Mr. Jacques never ceased day nor night to endeavour to work the ruin of the Warden and his Deputy Mr. Clipson; he promised that he would be the ruin of them both, and seems never to have lost sight of that intention. Mr. Jacques accordingly entered into a conspiracy with other persons to procure a person of the name of Shanley to be charged in execution in the Fleet with debts to the amount of a large sum of money, and procured the escape of that Shanley. -

Mr. Jacques. May I be permitted to interrupt Mr. Garrow. I beg your Lordship's pardon: I have no counsel: I have no sort of objection to his going into that case, if he goes into it fully.

Court. He must follow his own discretion, as to the use he proposes to make of that case; while he is in the regular way, he must not be interrupted.

Mr. Garrow. Gentlemen, I knew too well the great risque I should run in stating any thing improper before his Lordship. I proceed to state to you the circumstances I was mentioning when Mr. Jacques interrupted me, and to shew you, under my Lord's direction, how they appear to me to apply; and I desire, if it should turn out that my judgment is erroneous, you will do Mr. Jacques the justice to reject it, and then the prosecutor will be the only person to suffer by his counsel: I have stated to you, that Mr. Jacques had entered into the conspiracy to which I have alluded: Clipson was the turnkey of the prison at that time; he was also the witness against Mr. Jacques: upon his testimony, undoubtedly, a great deal of the weight of that prosecution depended. Now for the application of this observation, I shall shew you, that after the escape of Shanley, after Mr. Jacques felt the weight of Clipson's evidence upon that business, Mr. Jacques contrived this prosecution for murder, knowing the active part that Clipson had taken: he spoke of the death of Hart as a lucky event that would enable them to get rid of Clipson; and men who are ready enough to wish to accomplish their intent at any rate, would look upon this as a lucky event.

Mr. Jacques. I only wish to observe to you, Mr. Garrow, that both your indictments were presented at the same time.

Court. Mr. Jacques, with respect to your observations on the opening, the proper time will be for you to be heard in your defence, you will then be heard with just as little interruption on the part of the counsel, as the counsel must now be heard on the part of the prosecution.

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

Reference Number: t17900915-120

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 15th of SEPTEMBER, 1790, and the following Days;

Being the SEVENTH SESSION in the Mayoralty of The Right Honourable William Pickett , LORD MAYOR OF THE CITY OF LONDON. CONTAINING The TRIAL of ROBERT JACQUES , &c. For a Conspiracy.

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

NUMBER VII. PART IX.

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. 31, Pater-noster Row; and J. MARSOM, No. 183, High Holborn.

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.

Continuation of the Trial of Robert Jacques , Robert Griffin Jackson , James Apsay , Thomas Arnold , and Alexander Barclay , for a Conspiracy.

Mr. Garrow. Gentlemen, it would have been wise in Mr. Jacques not to have made that observation; because, though the two indictments were preferred together, the escape of Shanley was effected on the 28th of August, 1789, which was antecedent to the death of Hart, and subsequent to his confinement in the strong room, and discharge. Gentlemen, with respect to the different shares that the different persons now before you took in carrying on that prosecution against Clipson, it is not material for me to state to you, though it would be more correct if I was able to do it, which I am not; it is enough to shew you their frequent consultations on the subject, and to shew you the hand-writing of some of them, and various other acts which mark them to be the authors of it. Mr. Jackson was the prosecutor, Mr. Jacques was the foundation of it, and he proceeded step by step to its completion, and has had the merit of not deserting it to the end; and after the acquittal of Clipson, he has been indiscreet enough, even on the eve of this trial, to boast of the share he had in that prosecution of Clipson, for murder. Gentlemen, I have, I hope, satisfied you, in the first place, that Mr. Clipson was innocent of the charge; from whence it seems to me that there is a strong inference that those who knew all the circumstances of the death, must have acted not from virtuous, but from vicious principles; and with respect to Mr. Jacques, particularly, I have stated to you that I mean to prove facts and declarations of his intention to ruin the Warden and Clipson. Gentlemen, more does not remain to me but to call the witnesses; with respect to the punishment, that is in the hands of the court: and if you find the defendants guilty, it will be properly administered.

Mr. Knowlys. My Lord, I am counsel for Mr. Barclay and Mr. Apsey.

BARTHOLOLEW BROUGHTON sworn.

I am clerk to Mr. Thomas Holloway . I have an examined copy of the acquittal

of Mr. William Clipson . I examined it at Mr. Shelton's Office.

(Read.)

Mr. Knowlys, counsel for the defendants Barclay and Apsey. I believe the record itself is in this court.

NICHOLAS NIXON sworn.

Mr. Garrow. I understand you are a clerk of the papers in the Fleet Prison? - Yes.

Can you state at what time Mr. Hart, who died in that prison, was committed into custody? - The 24th of November, 1788.

What sort of man was he in point of health and conduct? - I do not know.

Can you state when he was put in the strong room? - No: I believe he was there about sixteen days.

How long had he been discharged from it before he died? - I am not clear, but I think somewhere about two months.

Was you in prison at the time he was put in the strong room? - No.

Mr. Jacques. I wish to ask you, whether any thing you have said, you have said of your own knowledge; how long you have been clerk of the papers? - About fourteen months; I speak from the office-books.

Was you clerk of the papers at the time of the commitment of Hart to the strong room? - I believe I was.

Mr. Garrow. I do not take him to have proved any thing.

FRANCIS LILLE sworn.

Was you any time a prisoner in the Fleet Prison? - Yes.

Are you a prisoner there? - Yes.

Mr. Jacques. My Lord, the Warden of the Fleet would not permit any of our witnesses to be brought up without a Habeas Corpus; therefore I trust, if these witnesses come without, they come under influence, and I hope your Lordship will not examine them.

Court. Then you must make the observations to the jury in the course of your defence: it is no objection to the testimony of the witnesses.

Mr. Garrow. Was you in the Fleet when Hart was a prisoner? - Yes.

Was you with him in the strong room? - Several times, I heard a noise, that Hart was taken to the strong room; to the best of my knowledge I believe it was about eleven at night.

What was the sort of noise that you heard? - A kind of uproar: a number of people assembled together and made a great noise, and they said Hart was carried to the strong room. I frequently visited him, not in the strong room, but at the window: It is a room in that part of the prison which they term (it is a very odd name to strangers) they call it Bartholomew Fair . I have been confined in that strong room myself: - I found no inconvenience; I smoked my pipe very comfortably.

Was it a cold, damp room, unwholesome, and unfit for confinement? No: it was a good room; Hart had superfluity of accommodations, plenty of fire, and plenty of good victuals and drink. I attended him, and saw it.

Did you hear any complaints from him? - I cannot particularly say I did: I heard him say that he would write to a vast number of people, and that it was very improper to put him there: he wanted for nothing. I eat and drank there very often with him.

How long did he continue there? - I do not exactly know; but I believe sixteen or seventeen days.

What manner of man was he in his conduct; was he a regular steady man? - He was quite worn out before he went there.

He was a man addicted to drinking and debauchery? - Yes.

How long did he live after he came out of the strong room? - 'Till he was taken ill; I told him, Hart, you had better not live with us; for we drank too much for him. Says he, By God you are very fine hearty fellows, and I cannot leave you; and soon after he was taken to his bed, as I predicted he would, and he died there.

After he came out of the strong room, did he appear in as good health, and as equal to this high living in the Fleet Prison, as before? - He seemed exactly as before.

Had you any reason to think that confinement hastened his death at all? - Why, no: I cannot say I think it occasioned his death at all: I believe he was ill a few days before his death.

Do you know Mr. Robert Jacques ? - Yes.

He was at the same time a prisoner in the Fleet? - Yes.

Did you know Barclay? - Yes.

Do you remember Jacques saying any thing to Barclay? - I heard Jacques say, after Hart came out of the strong room, to Barclay, It would be a d - d good business if Hart was to die, for they could lay a good indictment against Clipson, or the Warden, for murder.

Have you ever, at any other times, heard Jacques or Barclay, or Jackson, or Apsey, or Arnold, say any thing about indicting Clipson? - I have heard Jacques say, that he would never leave him till he ruined both Clipson and the Warden.

Have you heard Jacques say that more than once? - Several times.

Do you recollect any other expressions of Jacques's about the death of Hart? - No, Sir; no more than his bragging that he had an indictment, and saying, that then he should do for them.

After Clipson was indicted, what did you hear Jacques say? - I cannot expressly mention the words; but he, in a bravo kind of stile, mentioned several times that he had got the better of him, and would do for him, and never leave him till he was in Newgate.

Did you ever hear Jacques say any thing to Cane about Clipson? - No, Sir: not relative to that business; but when Shanley made his escape, I heard him tell Cane to write to Clipson's securities to withdraw them, or else, by G - , they would be fixed to the amount of Shanley's debt. Cane wrote a letter, but, I believe he never sent it.

Do you know who carried on the prosecution? - I believe it was done by subscription, because I have seen letters written by a gentleman, a clergyman, the Rev. Sir Thomas Wheat .

Do you know of any thing done by Sir Thomas Wheat , or any body else, in conjunction with the present defendants? - I know, of my own knowledge, that Barclay conducted the prosecution: he made no application to me, but I believe I can mention several who put their names to the subscription, though I believe they never paid it: Barclay was the principal.

Mr. Knowlys. Are you a prisoner now in the Fleet? - Yes.

You are now on friendly terms with Clipson, the turnkey? - I have no quarrels with him.

Are not you very intimate at this time? - No; not very: if I meet him I say, how are you? but no more.

I believe he indicted you for an assault against him; did he not? - He did.

I believe he never pursued that prosecution? - I believe he pursued it.

Did he ever call you to a trial on that prosecution? - Yes, Sir.

Upon your oath did not he execute a release for it? - Yes; but I was brought to the Old Bailey before I was released.

I believe that release was subsequent to this indictment? - It was.

I believe Mr. Lane was included with you in that prosecution? - He was indicted for the same assault.

You often was with Hart? - Very often.

Upon your oath did not Hart, both to you, and to a great number of other persons, in your hearing, declare frequently that he believed the imprisonment in the strong room would carry him to his grave? - He never did in my hearing.

Did not he say to that effect? - Never to my knowledge; I am sure he never did.

Did he never to your knowledge complain to the warden, that he believed it

would be the cause of his death; and desire to be delivered? - I cannot say I recollect any such circumstance: I know he wrote to the warden to be released.

You were at this time on terms of intimacy with Hart? - Quite intimate.

Mr. Garrow. That appears to be in writing, and the warden is here? - I recollect the warden sending in a surgeon, to see if there was any danger; I heard the surgeon's report, which was, that it was mere nonsense, and that there was no danger.

He thought it a very disagreeable place? - I never heard him mention any other circumstance; but I am pretty sure he did give such a hint; because there was a surgeon sent, as I have mentioned.

How long have you been in the Fleet prison? - I do not exactly know the day, but I believe near two years.

Have not you now the run of the key? - No; I never had in my life.

Was you threatened with the strong room when Hart was there? - Not to my knowledge; I was once there previous to Hart's being there.

I believe there have lately, since Hart's enlargement, been alterations in that strong room? - I can see no other alterations, but that some panes of glass that were broke have been mended; and I believe it has been white washed; something to that purpose.

What kind of place is this strong room; is there any window in it? - It is the best strong room, I believe, in any prison in England.

What have you been in so many prisons? - Never but one; that was in the strong room of the King's Bench; I have been an officer in the army about seven years, and about two months a private.

Was you never taken up for desertion? - No, Sir; I was discharged as a private soldier; I once did inlist as a private: I was very much vexed: I paid for my discharge, and came away; or at least I came away, and paid for my discharge; I have a certificate from the Duke of Dorset, for four years good behaviour as a soldier.

Mr. Jacques. At whose suit are you in the Fleet? - It was at several suits; but at present at the suit of my grandmother.

Upon your oath, why was you detained at the suit of your grandmother?

Court. I do not think you have a right to enquire into the private affairs of this man and his family.

Mr. Jacques. If I should put my questions improperly, it is not intentionally.

Court. I will set you right as far as I can.

Mr. Jacques. Was not you a deserter? I mean to shew that he was detained in the Fleet prison to prevent his being taken up, for desertion and selling his accoutrements? - That is false, Mr. Jacques.

You was indicted by Clipson? - Yes; and I recollect you put a vast number of enormities in my hand, which I believed were all true then; but I have found were all false since.

Was there not a petition drawn up to the judges? - I believe there was.

Do you recollect the contents of that petition? - I do not.

Do not you know that it was for the purpose of obtaining the liberty of Mr. Hart? - I do not recollect such a petition.

Did Hart never tell you that he had presented such a petition? - I understood he had wrote to the warden; but I cannot say I recollect it.

Is that strong room under ground or not? - It is the same as the rooms in Bartholomew Fair ; about two feet and a half under ground.

That strong room you know very well was always empty, unless some offence? - Yes.

How long before Hart was put into that, was there a fire in it? - Upon my honor I cannot tell; I really do not know; but as well as I recollect there had been a fire.

Did you never hear any gentlemen complain of the damps of that room? - I cannot recollect.

Did Mr. Beckford or Barrington never tell you so? - No; if they had I should not have attended to them; because I knew better; having been there myself.

Prisoner Jackson. You have just now observed to the court, that the strong room is all the same as the other rooms on that floor? - Yes.

Are there any windows to that room, except the iron grating? - There are windows.

Were there at the time Hart and me were confined? - There was a grating, and wooden shutters.

At whose expence was the bed and fire? - Either your's or Hart's.

It was our property, and all the furniture: have the other rooms a privy in them? - No.

Is there not one in this room? - Yes; because the gentlemen are not allowed to go out at all times.

Did not you find an inconvenience from the nauseous smell arising from that privy? - I was but a couple of hours there: I cannot say much about the inconvenience; I did not smell any thing myself, because I smoaked a pipe.

You say you heard a riot when Hart was taken to the strong room? - I heard a noise.

What was the name of the surgeon that was employed? - I do not know who it was.

Mr. Jacques. Was Mr. Jackson in the strong room during the whole time Hart was there? - I believe to the best of my recollection he was there before Mr. Hart.

What was the state of Mr. Jackson's health when he went in? - I was not so intimate with him; I have seen him.

He did not appear to be in bad health then? - He looked of a very yellow colour; I believe it is his usual complexion.

Did you ever observe that before he went into the strong room? - I cannot answer that.

What was the situation of his health after he came out? - I cannot charge my memory; he eat and drank exceedingly well, if that is a good sign.

And he appeared in very good health? - Certainly.

Then you mean positively to say, that the strong room was not damp? - I consider it as every other room on that suite.

It is a stone floor? - It is.

ROBERT LANE , Esq; sworn.

Mr. Garrow. Was you confined in the Fleet prison? - Yes, four years; I messed with Mr. Jacques and Mr. Barclay: I remember the time when Hart died; I think it was last August: I recollect his being placed in the strong room; I was not present when he was put in; only from hearsay.

Do you know the situation of the room? - I thought it then a much worse place than I now find it.

What sort of a place is it? - Why, Sir, it is walled; there is no boarded floor, nor to any of the rooms on that floor; I have lived two years nearly, in a room somewhat smaller, but nearly in the same manner and form.

Was it an unwholesome damp place, likely to occasion death? - By no means likely to occasion death; but not so pleasant as the other rooms were.

Was Hart accommodated with bedding and fire? - Sir, I believe better than most rooms in the prison.

Do you recollect at any time hearing any conversations respecting the death of Hart, and the taking up of Clipson? - Barclay, myself, and Jacques messed together: the constant conversation of Barclay and Jacques was respecting this prosecution of Clipson; and their idea was, that Hart's death was occasioned by this confinement of Clipson's, and that they would exert their utmost abilities to prosecute Clipson for the murder, conceiving that he had occasioned the same; that was the general conversation: I did not leave the mess; I frequently left the room when the conversation was unpleasant respecting the matter being mentioned by Jacques and Barclay; I frequently reproved them for it, that it was not my conception that the room was the occasion of the death; I wished them to change the subject: I knew Hart drank

very hard, and was unwell in other respects.

How long did he live after he came out? - I do not exactly know; it may be three weeks or a month.

Was the course and habit of his life known to Jacques and Barclay as it was to you? - I should suppose so.

Mr. Knowlys. You formerly thought this strong room was a bad room? - I did: I have since seen the room.

I believe you have frequently remonstrated with Clipson on confining them there? - I may have done so.

There was a petition? - Yes.

I conceive it was, that they had not done any thing to deserve being put into the strong room? - I recollect something of signing a petition; but I do not recollect the particulars.

Did not you likewise swear, that the contents of that paper was true.

Mr. Garrow. You must produce the original.

Court. There was a petition on oath presented? - There was; I swore to the petition; but do not recollect that petition.

Did you go to visit Hart in this room? - Never in the room; but to the grate several times.

Now did you never hear Mr. Hart declare that he believed that confinement would be the cause of his death? - I do not recollect I ever did: I believe a few days before we were put into the strong room we were not upon such good terms, nor only on speaking terms till his death; we were not at enmity.

Have you ever declared that you have heard Hart say so, that that confinement would be the cause of his death? - I believe I may have heard Hart say, that he thought the confinement would be the cause; but I am not sure.

Where was it that you believe you heard him say so? - In the strong room: I do not recollect before whom.

You was prosecuted by Clipson for an assault upon him? - I believe I was.

You know you was? - Yes; I think I was.

That was before this indictment? - Yes; I think it was.

Did not he release you from that prosecution? - No; he did not: I was acquitted without having spoke to him for a long time: he did not urge the prosecution: my acquittal was subsequent to that indictment.

Were there any glazed windows in this strong room at the time Hart was confined in it? - I believe it was broke.

What was Hart's state of health before he was confined in this room? - I believe very indifferent; I have heard him say he was troubled with a very great asthmatic complaint.

He was confined in this room part of July and August? - Yes.

There was a fire in this room? - Yes.

Mr. Jacques. Did you never say since the death of Hart, that you verily believed the strong room hastened his death? - I do not recollect it; I may have said it.

Have not you said it a hundred times? - If I have said it a thousand times I do not recollect it.

Did you never say it before Mr. Beckford? - I do not recollect it.

Did not you say it to Captain Barrington ? - I do not recollect.

Have not you repeatedly heard me declare I so believed; and have not you as repeatedly said, no, I do not know it was the cause; but it hastened his death? - I recollect I have checked you in saying it was the cause of his death; whether I said it might hasten his death I do not recollect; I will not say I have not said so.

Do you know Mr. Sambridge? - I do.

Have not you repeatedly said, that you might thank Mr. Sambridge for not being prosecuted on that indictment? - I believe I may.

Mr. Jacques. My lord, with respect to the petition, I have given notice to the warden and Clipson, to produce all the

original papers; now I can prove this to be a correct copy.

Court. You may ask him as to any facts that may be mentioned in the petition; but your notice will not oblige them to produce papers which they have not in their custody.

Mr. Jacques. Do you remember signing a petition? - I do.

Court. Any fact that the petition stated, you may ask him whether those things happened.

Mr. Jacques. What was your opinion of the conduct of Clipson, in putting Hart into the strong room? - I was not present that day.

What was your opinion the next day? - I thought he went too far.

Did not you express yourself frequently alarmed for the safety of Hart, while he was in the strong room? - Never, Mr. Jacques.

Did not you visit him frequently? - Very seldom, Mr. Jacques.

Do you think it is a wholesome room at all, or fit for a man of a good constitution to be put into; I hope you will give me a candid answer? - There are better rooms; but I think it would not kill a man.

Court. No; but would the room injure a man not in a good state of health? - No doubt, my lord; a man in a bad state of health being prevented from air would injure him.

Mr. Jacques. But would this room be particularly dangerous to the health of a sick person? - I think not.

Do you happen to know how long Mr. Hart was confined there? - I believe about fourteen days.

Were there any glass windows? - If there were they were broke.

Has it been altered at all? - I believe it has.

Do you think Clipson conducted himself as a humane good man ought to do, in such a situation, to Mr. Hart? - I was not present when he was taken to the strong room.

I believe what you have heard me say on that subject has been open? - Yes; very open.

Do you know Sir Thomas Wheat 's hand-writing? - I think I do.

Be so good to tell me whose hand-writing that is? - I believe it is his handwriting.

(Mr. Jackson shews the direction of the letter.)

Do not you believe that to be Sir Thomas Wheat 's hand-writing? - Yes; I believe it is.

At the time of the petition being presented, did not you approve of the matter, and declare it was a most meritorious act? - I do not recollect I did; nor do I conceive any such thing of it.

Court. It seems a little extraordinary that you should speak with any sort of reserve upon it? - I do not conceive I could be capable of making use of such an expression.

How many were indicted? - I cannot recollect.

Was Sir Thomas Wheat ? - I believe he was.

Was Mr. Lille? - I believe he was.

You was indicted? - Of course.

Mr. Rines? - Yes.

Mr. Lloyd? - I think he was.

Out of all those that were indicted, how many were brought to trial? - That I cannot tell.

Mr. Garrow. I will admit that only Jackson was actually tried.

Dr. BUDD sworn.

Mr. Garrow. Was you called upon in your character of physician, to attend Mr. Hart, the person who died in the Fleet? - Yes; I saw him the Thursday preceding his death; he died on the Saturday.

Please to state to my lord and the jury, in what condition you found him, and what occasioned his death? - I found him in a fever, under which he laboured some days; and by his appearance, I conceived it was an advanced stage of fever; as to the cause, it is extremely difficult to ascertain; I understand,

and was informed he had been a man very much given to debauchery and drinking: I never saw the strong room in the Fleet prison.

Were there any symtoms in your patient, that induced you to think that his death was either occasioned or haslened by improper confinement? - I never had any such thing suggested to me; I saw him the 1st of October, and he died the following Saturday in the night; I saw him twice on the Friday, and once on the Saturday; there was some delirium upon him at first: I thought him better the Friday morning, but not at any time quite competent.

Was you examined before the coroner? - Yes.

The subject of the enquiry was, what brought him to his end? - Yes.

And neither then nor now did you suspect any violence? - I had not the least idea of any such thing; he was a stranger to me; I was called in to see him.

Mr. Knowlys. You was called in by the warden? - I think there was a note came to me from Sir Thomas Wheat , desiring me to come and see Mr. Hart.

Mr. FARLEY sworn.

I am an apothecary in Holborn. I attended the deceased, Mr. Hart, in the Fleet prison; I was called in the 28th of September, and some time before, about three weeks.

At whose desire? - He sent himself.

In what condition did you find him? - He had the itch

Was it an inveterate itch? - No, Sir, a common itch.

Please to describe the state and condition of your patient? - I was called in the 28th of September, in his last illness; the itch had left him for a fortnight or more; he complained of an astma which he had had for some years; I did nothing for that.

How long was it after you had left him, that you heard of him again as a patient? - The 28th of September.

Did he at that time make any complaint of any injury sustained by him, in consequence of his confinement in the strong room? - I never heard any thing of the strong room from him.

In your judgment what occasioned his death? - A fever.

Of which he had no symptoms in September? - None at all.

THOMAS RAINER sworn.

I am a prisoner in the Fleet, and have been about two years. I remember the circumstance of Hart's confinement in the strong room very well; I was not present at the time of the offence; he was there; I believe, six weeks; I was in the strong room myself for four months.

When was that? - After the death of Mr. Hart; I lived there, and eat and drank there myself, that I might let my room; I lived there, and found nothing at all, any more than I do from the room I now live in.

Then it was fit for habitation? - Clearly so; he was hurt, not from the room, but from the manner of living in the room, by drinking spirits, brandy, and wines, from the time he got up in the morning till he went to bed.

How did he get supplied with those things? - By his friends, that were then prisoners.

Do you remember the coroner's jury fitting on his body after he died? - Yes; as the coroner's inquest were coming down stairs, after they had set on the body, after they had viewed the body, I heard Mr. Jacques and Barclay, Mr. Jacques particularly hallooing out, gentlemen, he was murdered! he was murdered! he said so several times.

Where was that? - It was in the third gallery in the Fleet; Mr. Hart was in the top gallery; and they had come down into the third gallery, and were going down.

Was Barclay with him? - Barclay was not with Mr. Jacques, but he was in the same gallery with me; he said as they were going down stairs, just in the same manner.

Did you say any thing to these two gentlemen

on their conduct? - I was afraid of saying any thing; upon this Mr. Barclay went for the defendant, Jackson, who came forward and said that he was murdered, and that the warden of the Fleet might as well put a pistol and shoot him; these were the words as near as I can recollect; I did not choose to reply.

Have you ever heard Mr. Jacques and Barclay, or either of them, say any thing with respect to Clipson, or their conduct with respect to Clipson? - That is all I can recollect.

After Hart got out of this strong room, in what manner did he live then? - Why, drinking; I have seen him in an evening drink five or six or seven glasses of brandy and water; he was, upon the whole, in my opinion, a very intemperate man; I do not know who paid the expences of the prosecution against Clipson.

Mr. Jacques. You then was not in a state of confinement in this strong room? - No, Sir.

Therefore you went out for air as much as you pleased? - I went out, but I was at work; I was in there in the winter time; my windows were glazed.

Many persons made no scruple of saying it was their opinion Hart was killed with this strong room? - I do not remember hearing any other persons but Barclay and Jackson and Jacques.

What age was this man? - I really do not know; two or three and forty.

An old man? - No.

What state of health was he in? - When he was not drinking he was in bad health; he had always some disorder.

Was not he visibly worse than when he went in? - I think he was, for he was with Mr. Lille; he was either always ill or always drinking.

Upon your oath, do you think he was not the worse for being confined in that room? - I cannot say so.

Mr. Jacques. You have just said you heard Mr. Barclay and me say he was murdered, when the coroner's jury were coming down? - Yes.

You heard me declare it then in a very public manner? - Yes; you was very busy about it.

Who was present there? - Mr. Moore was there.

What are you? - I am an artist.

Have you a house in London? - No, Sir; I am a prisoner in the Fleet.

Do not you keep a house any where? - No.

Does not your wife? - No.

Nor any lodging? - No.

Nor have not lately? - About eight months ago.

What was that house? - A house that was let out for lodgings, that I used to work in at the time I was not a prisoner.

To what sort of people? - Sometimes to gentlemen; sometimes to ladies.

Mr. Jackson. Was not the strong room put into a state of reparation previous to your going into it, such as being glazed, and appeared different to what we had? - There was a casement put in, because it was November; but there were shutters at the time when Mr. Hart and me were there.

Did you sleep in it? - Yes.

Was there a privy in it? - Yes.

THOMAS FREEMAN sworn.

Are you a prisoner in the Fleet? - Yes, I was, at the time of Hart's death; I remember his being in the strong room; I knew him before he went; and his habits of life were very irregular, as drinking hard while he was in the strong room; he used to drink a deal of liquor and wine.

Was this strong room a cold, damp, unwholsome place? - I lived next room to it at his death, two years, and it never hurt me; people have lived in the strong room six months, and not been hurt.

Was it at that time in a state in which a man might live in it without any visible danger? - I do not know: I remember having a quarrel with Clipson: Barclay came into my room once, and he said to me he was going round the house to get a subscription with respect to an indictment of Clipson; I told him I was not in a capacity

to give him any thing; I made application to Jacques, that I thought Mr. Clipson used me ill in taking out a bottle of brandy; and I had a bottle of ketchup, and I broke that; so they took my room from me for it; I went to Mr. Jacques and asked him what I should do; and Mr. Jacques said there is a better way than indicting him, that is, to make an affidavit that you gave Clipson seven shillings or half a guinea a week to permit you to sell liquors in the gaol; upon that I looked at Mr. Jacques, and turned from him.

What did you mean by that? - I did not like to hear such a thing as that.

Then it was not true? - No; I never gave Clipson a farthing.

Had you ever represented it to Mr. Jacques, that you had given money to Clipson? - No, never.

Did he explain to you what effect your making such an affidavit would have on Clipson? - He said Clipson would be fixed for it.

You refused to perjure yourself? - No, I would not do any such thing.

Have you ever heard Mr. Jacques or Barclay say any thing with respect to Clipson, what they would do to him? - No, nothing particular.

Do you remember Hart's shewing you any medicinal girdle he had? - After he came out of the strong room about a fortnight or three weeks, or a week, he pulled up his shirt, and he was broke out all over like a leper, says he, this will be the death of me; I looked at him, says he I have put on a girdle, and I am very ill; I went up one time after; I saw him, and he was hardly sensible enough to speak to me; he said he used an ointment; and he said he catched the itch with laying with Jackson in the strong room.

What was his complaint? - The complaint was the itch; I believe he might live about four or five days or a week after that.

Mr. Knowlys. Were you intimate with Hart before he was in the strong room? - For five years.

Did you join in any petition about Hart and Jackson? - There was a petition drawn up, and brought up to us; and a parcel of us swore to it; I believe that disorder of the itch was the death of him, and nothing else.

Mr. Jacques. What are you, Mr. Freeman? - You know me very well; I was bred a butcher.

You are brother to Chase Freeman, the attorney? - Yes.

How have you got your living for some years past? - Many years I lived on my own estate; then when I lost that, which is about nine years ago, I rented one; I have lived this nine years by my business, by butchery, and dealing in cattle, buying cattle by commission, and buying horses by commission.

You bought horses and cattle for your brother too? - No, never; we might buy a horse and cow together, but not these several years.

You kept in the Fleet prison a kind of brandy shop? - Why I might have a glass of brandy in the Fleet prison.

Clipson came down one night to your room, and seized it? - He did.

Did he make use of any pistol? - Why he brought a pistol, but did not make use of it; to be sure he said, if I did not desist, and let him take the liquor, he should blow my brains out.

Then you came up to me and told me? - No, I did not.

You met me? - No, I did not meet you; I saw you the next day; then you said I should fix the warden, and fix them for bringing the liquor in.

Do you mean to swear that? - Yes, swear it! I should not come here without swearing it.

Do you mean to swear positively that I told you to make affidavit that you paid to Clipson seven shillings a week? - To be sure you did.

For what purpose? - You know best; you said it would be better to make an affidavit, than to indict him.

Did you ever give him seven shillings or half a guinea a week? - No, I never did.

How many prisons do you happen to have been in? - I was brought up under a decree, because I would not sign an estate away; and I put myself into the Fleet; I was in Warwick gaol for debt, a little matter of Lord Sandy's, about seven pounds ten shillings; and in Worcester gaol about an estate.

You never was in any other gaol? - I have been in many a gaol, backwards and forwards, but not to stay.

Court. Was you ever in any other gaol as a prisoner? - Yes; I have been in another gaol in Gloucester.

For what? - Why I was brought in there upon a matter about a person; you see, the value of a five guinea matter.

Explain to the Court for what was you in; for a debt, or for a criminal charge? - Why not for a criminal charge.

Was you there for a debt? - A man said I laid hold of five pounds that did not belong to me, for a wager; I borrowed it, and the man had a note of hand for the money.

Then you was on a criminal charge? - I had won five guineas of a man; and the man said I took it up before I won it; and he took me up on a warrant; I never was in any other gaol; that I swear.

Was you never charged with horse-stealing? - No, nor cow-stealing.

Was you never charged with any other fraud? - No; nor that is no fraud.

You swear you never was in any other prison than Gloucester gaol, Worcester gaol, the King's Bench, and the Fleet? - That I swear positively; the King's Bench I never was in.

HENRY ABBOTT sworn.

I have been a prisoner in the Fleet two years: I know Jacques and Barclay; I heard Mr. Jacques insult Clipson three times, twice upon the stair-case, and once in the hall gallery; the first time was, Clipson was coming down stairs with his hands behind his coat: Jacques says, you rascal, you have a knife there to stab; Clipson took out his hands, and said I have no such thing; Mr. Jacques said, you lie, you rascal, I will never leave you till I ruin you; this was after Jacques was locked in as a close prisoner; I think it was before the death of Hart.

Was it before or after Hart had been confined in the strong room? - I think it was before that time; the expression Mr. Jacques made use of, was, that he would never leave him till he had ruined him.

After the death of Hart, did you ever hear Jacques or Barclay say any thing about the prosecuting of Clipson, or the death of Hart? - I know the next time they met on the stair-case, and Clipson was whistling; Jacques said, you are whistling now, but you will squeak at the gallows by and by; the third time was, they met in the hall gallery, and there was rogue and rascal and villain called; and a number of people gathered round, and me among the rest; there Clipson said, you accuse me wrong; you are a rogue and villain; and Jacques called him rogue and villain; and Jacques said he would have new turnkeys and a new warden, for he would ruin them both.

Did you ever hear Barclay say any thing on the subject? - Yes; I was at the club when Barclay came into the coffee-room; that is twelve or fourteen months ago; Hart was alive and there; I think Sir Thomas Wheat was in the chair; Barclay came in to Sir Thomas, and told him that Jackson was taken to the strong room; this was in the evening; and the evening before I heard Clipson give him a notice that there should be no club held there, for it was the order of the warden; and Jackson's answer was, that he would hold his club there, and repel force by force; Mr. Hart got up, and said, let us one and all go and force the door, and let him out; and they went down, a good many of them; Mr. Barclay, Mr. Hart, and others; I staid in the coffee room.

Was that the evening that Hart was confined? - No; Hart was not put in the strong room, I believe, till the next day.

Court. What was Hart put in for the next day? - Why, I do not know; I heard the next morning that Hart was put in the strong room as well as Jackson.

How long did he continue there? - Three or four weeks.

Was he a regular temperate man, or otherwise? - Always drunk, never sober, Sir: I saw no danger: I slept in Bartholomew Fair six months: I have been a prisoner in the strong room myself from eleven till six in the evening; I had my dinner there, and lived very well; I saw no difference between that and another.

Have you ever had any idea that that strong room occasioned the death of Hart? - None at all; Hart was a very ailing man, and he caught a nasty itch, as it was reported, by sleeping with Jackson; he stunk so of brimstone and nasty disordered stuff, that I was very glad I got rid of him.

Had you ever any conversation with him about his health? - He always said, he was poorly.

Mr. Knowlys. Then this strong room is the same as the others? - It has the advantage of a water closet in that room; but I have been in the Fleet two years.

Mr. Jacques. Mr. Abbot, what are you? - You know what I am.

Mr. Jacques. My lord, this witness has been examined before; I hope your lordship will do what was done then, keep him a little in order.

Mr. Abbott. You know I lived in Bishopsgate-street twenty-eight years, and then in credit.

What are you now: you are a prisoner in the Fleet? - I am.

How long? - Two years come Michaelmas day.

Did not you offer to swear yourself worth one thousand six hundred pounds? - I did not; I was not asked the question.

You was not asked the question, what sum you would swear to? - I tell you again I was not asked the question.

What sum of money are you in the Fleet for now? - Eighteen pounds.

You sued for your groats, I believe? - I did.

How long is that ago? - About a year and a half.

Did you give any schedule of your effects? - Certainly so.

And you receive your groats? - I do.

Have you not often told, that you could pay him one hundred pounds, and pulled out a handfull of gold, at the Fleet prison? - You asked me that before; I told you, I did not.

Was not the strong room damp when Mr. Hart was there? - No.

I believe you have frequently held clubs in that room? - Never, but once; that was two or three months after the death of Mr. Hart.

How many times have you been tried in this court? - Not so often as you.

Court. But answer the question? - Once.

Court. For what? - For buying something that was thought to be unfairly come by: but it did not turn out so.

Mr. Jacques. Was not you advertised once? - No.

Mr. Jackson. What time in the evening was it when you came into the club room, and told Sir Thomas Wheat , that I was taken to the strong room? - Between nine and ten at night.

Was there any riot? - None particularly, only knocking on the table; at this time, my lord, there was Jackson, and Barclay, and Hart, and a number of others, that called themselves hearts of oak; and they determined to keep the club in opposition to the warden.

Did you never hear Hart declare, that being put in that strong room was the cause of his death? - I never did; I came to see you there, and asked you to make a concession; you refused that, saying, you would not on no account; and that you would not take five hundred pounds for what you should get of the warden.

Was I not in good health then? - You never looked very well; you always had a sickly look with you; you had a very disagreeable smell with you; I wished you

away, and your wife the same; I was afraid of catching it; I remember you had a combustible disorder about you.

Did I appear to be worse when I came out than I was when I went into the strong room? - You never appeared well; I did not see any difference in you, for my part.

JOHN MARSHALL sworn.

I heard Mr. Jacques say, when they were coming up here, either to take their trial or give bail; Sir Thomas Wheat , and those who were indicted for a riot and assault on Clipson; and Mr. Jacques said, they might go now, but he would take care the warden and Clipson should not go next sessions; for he would never lose sight of them till he had ruined them.

Was that before or after the death of Hart? - I believe it was after.

You was present at the time he made that declaration? - I was standing on the steps.

Was you there at the time Hart was confined? - I was.

Was you present at the time Hart was put into the strong room? - I was not: when I went into the club room there was Jackson had a knife before him; Clipson took hold of the knife first, and jumped on the table; and the other turnkey and he put him into the strong room: I saw Hart frequently in the strong room; he appeared not more sickly than before: he was a man that I knew drank to the rate, between him and another, twenty-four sixpennyworths of brandy before dinner; I have seen him in the strong room with wine; four or five bottles of wine, all ended; there was always somebody there with something to drink, from the time he got out of bed, till twelve or one, when he went to bed; his health did not appear to be impaired at all when he came out; he lived better than a month: I have not the least doubt about the strong room; I should be very happy if I was allowed to sleep in the strong room myself: I think he killed himself with drinking: there was a man lived there by choice, as a favour; I have been there two or three hours together.

Mr. Jackson. The knife before me was a pocket knife? - I believe it was.

JOHN FONTINO sworn.

I am a prisoner in the Fleet. I know Jacques and Barclay: I never heard either of them use any expressions with respect to the death of Hart; I have heard Mr. Hart, the deceased, speak of his being in the strong room, and declare, that being in the strong room, locked up with one Mr. Jackson, that was confined there with him, he had caught a very inveterate itch, and was afraid it would terminate in his death: I knew Mr. Hart well; he was a man very much emaciated before he went into the strong room, and in my opinion that was not the cause of his death: I never heard Mr. Hart attribute his illness to that: I was as intimate with him as I could be.

THOMAS SHELTON , Esq; sworn.

I attended as coroner to the city of London, on the death of Hart: I examined such witnesses as were brought to be examined; I have the inquisition here: the jury found that Hart died a natural death: the persons examined were Doctor Budd , Mr. Farley, Christian Price , Benjamin Griffin Jackson , Robert Johnson , James Weldon , and Robert Jacques .

Mr. Jacques. You remember my being examined as a witness? - Yes; I do perfectly well.

Do you remember when I came before you, informing you that I was on bad terms with the warden and his servants, and therefore wished to decline giving my evidence? - No; I do not remember that.

Will you recollect you made an observation to me at the time, and I believe if you look at your minutes you will find it? - It is not usual for me to minute any thing that is not evidence; I certainly did not minute it.

Do not you remember many of the jury saying, it was very fair; because Clipson had before that said, I would swear any

thing? - I do not remember any such thing; but I remember there was a great deal of noise and confusion; and difficulty to keep order.

Was it at my own request I was called before you, or how? - I believe it was a Sir Thomas Wheat sent me a note, containing a number of names, whom he suggested could give material evidence upon the occasion; there are eight witnesses in the note I have now in my hand, and he sent to me; but Mr. Jacques is not one of them, and therefore Mr. Jacques must have presented himself, I should conceive, voluntarily; but I do not recollect.

Do not you recollect Sir Thomas Wheat observing, at the time he was examined, that Mr. Jacques wished to decline giving his testimony? - I do not mean to say it did not happen; but I certainly do not recollect it.

Do you not recollect any declarations that I made before I was examined, respecting the situation I stood in, with respect to the warden and his servants? - No, I do not, or else I should mention it, certainly.

Do you recollect whether I gave my evidence in a way that was like malice? - I have your evidence here, and that will speak for itself.

Mr. Jacques. May I call for the whole of the evidence.

(The evidence given before the coroner read.)

Mr. Jacques. Have not you the evidence of Robert Paris Taylor? - No, I have not; he was examined; but there were two or three other persons examined, who did not say any thing that occurred to me to be at all material, and I did not take it down.

Mr. Garrow. Of course you did not bind any body over to prosecute? - I did not.

Mr. Jacques. When the jury went up to view the body into the Fleet prison, did you go up with them? - No; I was not there at that time; I afterwards went to see the room; I happened, my lord, to be out of town, and it being supposed that the thing would be of no sort of difficulty, Mr. Fitzpatrick went to take the inquisition.

Was he in the room? - I believe he was; but there being some difficulty, he sent for me to the country, and I came to town.

Mr. Jacques. My only view was, that I declared publickly that the man was murdered.

Mr. Garrow. I will call Mr. Fitzpatrick.

- FITZPATRICK sworn.

Mr. Jacques. You attended there as deputy coroner in the course of the examination? - I did.

Do you remember the jury going down stairs after they had examined the body? - Yes: I went into the room with the jury to view the body.

Did you go with them all the way down? - Yes; I did.

Do you recollect being in the third garret? - I recollect their being a very great riot and noise; and Mr. Weldon, I think it was, I was afraid he was going to strike me, and I made the best of my way to the lobby.

I believe Sir Thomas Wheat was very active on the occasion? - I believe he was.

Do you recollect hearing me call out in the third gallery, to the jury men, the man is murdered! the man is murdered? - No; I do not recollect any such expressions; I made the best of my way down; I thought myself in an aukward situation; to the best of my recollection I saw you there; but I do not recollect your saying any thing.

Jackson. I acknowledge the making the affidavit.

(The affidavit read.)

( William Clipson called.)

Mr. Jacques. I did not know you was going to call him; he was in the court the whole time of the trial.

WILLIAM CLIPSON sworn.

Mr. Garrow. Have you been in court? - I was in court while you opened; I went out of court the moment the first witness was called: I spoke to Mr. Barclay.

Court. I do not know whether I can absolutely reject him; but it was certainly very improper.

Mr. Jacques. Have you not been in the hearing of the examination of any of the witnesses? - I have not.

Mr. Jacques. I have no objection to his giving evidence.

Mr. Garrow. I will not examine you certainly; and if the prosecution fails, you must take it on yourself: it is perfectly true that you should not have been in court.

JACOB SHOTT sworn.

I was one of the turnkeys at the time Hart was committed to the strong room; I was watchman: the first beginning was, I went out on the watch, to do my duty, about ten in the evening; looking round the wall there were several, I believe six or seven of them, round the strong room window; Mr. Jackson had been put in that night; I do not know for what; Mr. Hart was in the strong room singing, and several other persons; one Mr. Lyons; I said, Lyons, you had better go home; he went: Hart was singing, and making a noise; and he said, Jackson, we will soon have you out here; and with that I went to Mr. Clipson, and knocked at the door, and called him down; Clipson huffed me; but come with me, and went back again; and in the course of a little time I found Hart and they were making such a noise, that I went and called him the second time; he came with me; and Mr. Clipson came and said, gentlemen, I think it is time for you to go from this place to your own apartments; no, says Hart, I shall stay here, and make a noise as long as I please; will you, says Clipson? yes, says he, I will; then says, Clipson, I will put you in the strong room too; and we put him in.

What sort of room is the strong room? - A very good room; and such a one as is in Bartholomew Fair : I asked the warden to let me live in it myself; and the warden said, he could not indulge me with it: I remember a prisoner of the name of Truefoot confined there seventeen weeks.

At the time Hart was there was it a healthy convenient place for a man to reside in? - As good a room as that I live in: I think they lived very irregular; as irregular as any two men in London; I think they were three parts of the time intoxicated with liquor: his health was not impaired when he came out any more than when he went in.

Was the confinement represented to the warden? - Yes; I believe in the course of the next day.

Did the warden give any orders? - I do not know.

Do you know of any misunderstanding between these defendants and Clipson? - I cannot say; but I went to fetch him in from Whiteman's; Clipson and Butterfield went with me: Clipson said, I have an order to bring you in to night as a close prisoner; Jacques said, he would not go in for nobody; we took him by the shoulders; he was quiet, and went along with us; I heard him say nothing about Clipson; only he said, he would not go in.

Mr. Knowlys. Do you know of any application of Hart's to take the air one or two hours in a day? - I do not know.

Mr. Jacques. How long was it before Hart and Jackson were put into the strong room, that any other person was in there? - I cannot say.

Had there been a fire within two months before that? - I cannot say.

Would any room in Bartholomew Fair be empty for a month without being damp? - Why, yes, Sir; because I have known it empty for two months, and not damp; I have not had a fire in my own room for two months together.

Did not I tell Clipson I was no prisoner? - I do not know.

Did you never hear either Clipson or the warden say, they had notice from Hart? - No; I never did.

CHARLES WALFORD sworn.

I am a carpenter, and a prisoner in the Fleet. I remember going with Clipson into the strong room, when Hart was confined there; I went to examine at the privy, to see if there was any thing offensive;

I found it in a proper state, so that it discharged itself into a common sewer.

Did you see Hart at that time? - Yes.

Was the room at that time fit for a habitation, and not likely to endanger the health of a prisoner? - No; it was as good a room as any one in the basement story; there was a four post bedstead in the room, and a fire; he made no complaint to my knowledge.

MICHAEL KANE sworn.

I have been for some time acquainted with Mr. Jacques.

Do you know of any acts of Mr. Jacques's on the prosecution of Mr. Clipson, for the murder of Hart; have you seen any handwriting of Jacques's on the subject? - I know but very little of the matter.

That little is sooner told: any thing you have heard from the defendants state it to us. - It is so long back I cannot particularly tell you the circumstance.

Mr. Jacques. He must prove the papers.

Do you know the hand-writing of Barclay; have you seen him write? - I have; I believe this is the hand-writing of Barclay.

Mr. Knowlys. How do you believe? have not you been reading some of the words? - I have not read a line; not a word particular: I think it is the kind of hand he writes.

Did you ever see him write? - I have.

(The account read, entitled, Alexander Barclay , on account of Messrs. Hart and Jackson creditors, 1789, August the 6th.)

You was a prisoner in the prison when Hart was confined? - I was.

Have not you heard Hart solemnly declare, that he verily believed the confinement in the strong room would be the cause of his death? - I do not recollect hearing him say so; but I have heard others say that he said so: I do not remember that I ever said that strong room was the cause of his death; there was a great deal of conversation about it; I might have expressed it; but I do not recollect it.

I believe you was one of those that signed a petition to Lord Loughborough? - I signed one or two; I swore to my belief of the contents.

I suppose you would know it, if it was read to you.

(The affidavit read of all the parties. The petition to the judges read.)

You recollect swearing to that affidavit? - I remember swearing to some affidavit.

Do you remember saying after Mr. Clipson was indicted, publicly in the presence of Mr. Lloyd and Mrs. Lloyd, that you would be at the expence of a habeas corpus, to take yourself up to go against Clipson, if nobody else would, for that your evidence would convict him? - I never said I would be at the expence; but I said, if Clipson merited what was said of him, that I would contribute towards the prosecution of him.

Do you not recollect saying, that if no other person would go on with it, your evidence would be sufficient to convict him? - I never said I knew enough.

Did you never say any thing like it? - I said I would join in the prosecution.

Then you considered there was cause for prosecution? - According to what I had been informed; I cannot recollect whether it was before or after the indictment; but I certainly did believe at that time that there was cause for prosecuting Clipson.

Mr. Jacques. Have not you frequently heard me declare at the time that Clipson was prosecuted, that I would have nothing to do with the disputes of the prisoner, as I was no prisoner? - I have heard Mr. Jacques declare when he was brought in a second time, that he did not consider himself to have any right to make that affidavit, or sign the petition, because he was no prisoner.

Mr. Jackson. Was you present at the time I was put into the strong room? - I was.

SARAH JACOBS sworn.

My husband is a poor man in the Fleet; he cleans the shoes at the gate: I remember the time that Mr. Hart died there; Mr.

Jacques applied to me to be a witness on the subject of his death, on the first trial that came on of Mr. Jacques's.

What did Jacques desire you to do? - Only to speak the truth.

Where was you to go? - I was to come here.

When did he apply to you? - I cannot say; it was between nine and ten months ago; Mr. Jacques told me to come to the Old Bailey, and to speak the truth, and nothing but the truth, about Mr. Hart being in the strong room, at the time he was carried in.

No more? - I knew nothing about his being carried in, till afterwards; I came at his first accusation; I was called here before the gentlemen; and I was examined; Mr. Jacques applied to me twice; I was big with child at the time: I was taken very poorly, and I went home; and he asked me to come again, and I did; and he told me to stay till I was called for, and to speak the truth.

Mr. Jacques. Do you recollect having said repeatedly in my hearing, that you have heard Mr. Hart declare that the strong room was the cause of his death? - I never heard him say so.

Did not I tell you to tell the truth? - Yes.

( William Naylor called.)

Court to Mr. Garrow. I am no friend to converting civil prosecutions into criminal ones. There is no doubt but that you have given a strong evidence of a very malicious prosecution; and of a very malicious prosecution, with very little, if any probable cause; and that evidence would entitle you in a civil action, to recover damages against the parties by whom that evidence was offered; but it is not enough that the parties happen to be poor; it is not enough that the parties happen to be prisoners, to warrant the turning that civil remedy into a criminal prosecution. You have been obliged to insist, that this false and malicious accusation, without probable cause, was by conspiracy between these people. Now, at present, I do not see very distinctly where the evidence of the conspiracy is; the only thing that strikes me as material to that purpose, is the declaration proved by you, as to what was to be done by Jacques, after Hart had been in the strong room, and before his death; that declaration, that this would be a damned good business if Hart should die, for that it would lay a good indictment against Clipson or the warden, for murder. There is a good deal of malevolence in the expression, supposing that this man would proceed to the utmost that he could, in order to support such a prosecution; but that declaration is no conspiracy, because it is his own declaration; it is his individual act; it is true, he says it to Barclay; but Barclay is not involved in it by any answer he gives. The ground that they take, is a distinct ground, namely, that Hart had been in a place, which it now plainly appears they had considered and represented to Lord Loughborough as a bad place; it is also clear that Hart was in such a state of health, that violent, ill-tempered, malicious people might very well hasten to a conclusion that was not just, namely, that this would be murder in the warden: but I do not find that there is any thing like private concert; that there is any proceeding that has led any body to say any thing that was not strictly true; and however erroneous, false, and malicious, yet it was conducted publicly and strictly: and it is particularly taken notice of in the depositions before the coroner. Then this is a case in which it is said, there has been a constructive murder, on the part of Clipson, the officer in the Fleet; the fact of this construction is true; that he was confined in a place very likely to prejudice his health: this was a miserable debauchee, drinking twenty-four drams, or glasses of spirits and water, before dinner: it is a more rational thing, to attribute his death to intemperance; but yet it is a matter open to discussion; and it was more likely to prejudice the health of such a man: I do not mean that the officers are not to keep the prisoners in order; and if a man

was allowed to say I am too ill to be restrained, it would put an end to all regulation. Now they have thought fit to bring this case before a jury; and in my judgment there would be evidence to go to a jury in a civil action; but I do not myself see the evidence of the conspiracy, which is to turn a civil remedy into a criminal prosecution; and which I shall always expect to see, because I abhor the idea of converting a civil remedy into a criminal prosecution; and though this happens to a man who has already shewn a disposition to conspire; yet if you think you can sustain the ground of the conspiracy, in that case I will go on; if not, it is unnecessary.

Mr. Garrow. My lord, whenever any observation comes from the bench, that I should much better serve the interests of the public by bowing immediately and implicitly to their opinion, than by setting up any imagination and conjecture of my own, if I could prove it; and after the patient enquiry which has been continued; and upon the whole, the prosecutor having already had the vindication of the jury of his country, in his acquittal; I have no difficulty in saying, I have felt the pressure of your lordship's observation.

Mr. Jacques. My lord, I beg your pardon. Standing loaded with prejudice, as I do, I wish to go into my defence: I have a great number of witnesses brought here at a great expence; I am loaded with prejudice: God knows, I shall be loaded with still more from the observations, I fear, of your lordship, unless my defence is heard.

Mr. Garrow. My lord, I ought to say that it is hard that some of the other defendants, if they wish to avail themselves of the mercy of your lordship, and the acquiescence of the prosecutor, shall not avail themselves.

Mr. Jacques. I wish for myself to go on: but I wish for the other defendants, that they may be acquitted, as they were indicted only that I might not have the benefit of their testimony; if they are acquitted, I will call them as witnesses.

Court. There cannot be a partial acquittal.

Mr. Jacques. Will your lordship pardon me. If it had been a prosecution in the common way, and there had been no evidence whatever given against any of the parties that stand indicted with me, I submit whether in such a case, those gentlemen that stand indicted with me have not a right to take an acquittal; and whether I am not entitled to the benefit of their testimony.

Court. In this case the evidence is against all the parties.

Mr. Jacques. Does your lordship conceive that there is any evidence given against Mr. Arnold?

Mr. Garrow. I mean to insist to the jury, in reply on Mr. Jacques, that there is no evidence irresistably strong, as against Jacques, Jackson, Barclay, Arnold, and Apsey: now, as to Arnold, I mean to insist to the jury, that if Mr. Arnold, who stood in the character of a surgeon to the deceased, having visited him, having heard the examination of the witnesses before the coroner; and knowing that man died by the visitation of God, that he must have been actuated by malevolence when he went before the grand jury; and that he had by that act taken upon himself the public character of a prosecutor, and assumed that character for base and malevolent purposes, which he proved afterwards by deserting that prosecution; for if Mr. Arnold felt a consciousness that one of his fellow citizens died by murder, it was his duty to have come forward, and stated that in court: these are a few of the observations which it will be my duty to make by and by.

Mr. Jacques. I wish not to involve the other defendants, if their counsel are of a different opinion to me; as to myself, I think it is of consequence to me.

Mr. Reader, Counsel for Mr. Arnold. I declare, on behalf of Mr. Arnold, it is totally indifferent whether we proceed, or whether we save the time of your lordship and the Court.

Court. I think that it would be incumbent on you to appear before the Court, to shew why you did not appear: I do not think it is a pressing circumstance, but it is a circumstance.

Mr. Jacques. As it is, I certainly cannot wish to involve the other parties that stand indicted with me, on any account, however I might wish to enter into my defence, unless I could have the benefit of calling Mr. Arnold, who was the surgeon to Mr. Hart, and Mr. Apsey and his wife, who are witnesses.

Court to Jury. Gentlemen of the jury, I have delivered my opinion on this case so publicly and so distinctly, that it is impossible for me to add any thing to it: my judgment is, that the case that is proved does entitle Mr. Clipson, supposing it not to be contradicted, to a civil satisfaction for a false and malicious prosecution; but that it does not prove the crime here charged, which is a prosecution produced and concerted by conspiracy; therefore, of course, my opinion is, that in point of law, the indictment is not proved, and therefore, if you think fit, you will acquit the prisoners.

ROBERT JACQUES, BEN. GRIFFIN JACKSON , ALEXANDER BARCLAY , JOSEPH APSEY , - THOMAS ARNOLD -

NOT GUILTY .

Tried by the London Jury before the Lord CHIEF BARON.

Court. Now, Mr. Jacques, before you leave the bar I must tell you, that I think it a most unwarrantable thing, the circulating previous to this trial (if you did circulate it) a printed account of the former trial, and a pretty strong reference to the trial that was then depending, for which, if it had been fully brought home to you by evidence, I should have thought it my duty to have censured you: therefore be so good in future to understand, that if you have a case depending, you are not to prejudice the minds of any body on that account.

Mr. Jacques. My lord, I have never circulated any letter respecting that trial, though it has been said I had.

Court. I can hardly think that paper did not come from you or your friends; (holding up a printed paper, which had been distributed to many persons.) I believe the adversary could never have circulated that paper.

Mr. Jacques. My lord, as to writing letters on that subject, I shall not attempt to deny, but that I have written letters on the subject of the late trial; but I have never circulated them to prejudice the minds of any individual.

Mr. Garrow. If Mr. Jacques is not now satisfied, I undertake to prove, as a substantive complaint, that he has circulated a printed paper.

Mr. Jacques. My lord, there is an observation that I trust you will permit me to make, respecting the evidence upon which I was convicted on the former trial; if that evidence is admitted contrary to law, is there no redress for me.

Court. I observe that is one of the points you make in that printed paper: if it will be any satisfaction to you to know my mind about it; if what I have heard be true, that there was other evidence given of the parties being in conspiracy, I am of opinion that evidence was very properly received.

Reference Number: o17900915-1

John Norman , a prisoner of last sessions, whose judgement was respited, was ordered to be confined one month in Newgate , and fined 1 s.

Reference Number: s17900915-1

The Trials being ended, the Court proceeded to pass Sentence as follows:

Received sentence of death, 4, viz.

William Slaughter , Jane Norton , Thomas Brown alias John Brown alias Thomas Newton , and Francis Fonton .

To be transported for seven years, 29, viz.

Timothy Hollister , John Fincham , Thomas Parry , Rachel Dowding , Joseph Pocock , Ann Guy , James Rolfe , John Savage , Martha Jones , John Smith , George Barrington , Elizabeth Close , John Baines , John Wilson , Thomas Abbott , Thomas Davis , Richard Richards , George Deakie , John William Gay , Edward Cosgrove , Henry Willson , Richard Bailly , Sarah Chessett , Alice Williams , Maria Mackenzie , William Fisher , Thomas Wilson , Thomas Lockitt , Richard Evans .

To be confined to hard labour two years on the river Thames, 1, viz.

Edward Andrewes .

To be imprisoned twelve months, 15, viz.

John Smith (fined 1 s.) Mary Hudson and Hannah Hobbs (fined 1 s.) Joseph Salmon (fined 1 s.) Elizabeth Ford (fined 1 s.) Elizabeth Kelly (fined 1 s.) Mary Farrell (fined 1 s.) Philip Matsell (fined 1 s.) Mary George (fined 1 s.) Elizabeth Green (fined 1 s.) Mary Rossiter (fined 1 s.) Mary Flynn (fined 1 s.) Robert Smith , Elizabeth Brown , and Sarah Kay .

To be imprisoned six months, 7, viz.

Thomas Eglington (fined 1 s.) Mary Everitt (fined 1 s.) James Dowland (fined 1 s.) Jane Smith (fined 1 s.) Elisha Collier , John Monk , Sarah Sharp (fined 1 s.)

To be imprisoned three months, 4, viz.

John Palmer (fined 1 s.) Michael Hulcup (fined 1 s.) Susannah Corbett (fined 1 s.) William Porter (fined 1 s)

To be imprisoned two months, 2, viz.

William Branson , Thomas Godfrey .

To be imprisoned one month, 8, viz.

Bridget Cassidy , John Augustus Thomas Rayner (fined 1 s.) James Burnham , Daniel Swiney (fined 1 s.) John Grell (fined 1 s.) Robert Mapples , Susannah Chapman (fined 1 s.) William Smith (fined 1 s.)

To be whipped, 11, viz.

James Burnham , Owen M'Carthy, Harrison Anderson , Gabriel Ginnery , William Gatehouse , Robert Mapples , William Holgate , Elisha Collier , John Monk , Thomas Godfrey , and George Johnson .

Reference Number: s17900915-1

John Norman , a prisoner of last sessions, whose judgement was respited, was ordered to be confined one month in Newgate , and fined 1 s.


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