Old Bailey Proceedings, 27th October 1790.
Reference Number: 17901027
Reference Number: f17901027-1

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 27th of OCTOBER, 1790, and the following Days;

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

Thomas Buxton Thorne

William Eaton

Richard Hobdale

William Paton

Felton Matthew

John Heaps

John Hayes

Richard Sykes

Benjamin Yates

Charles Fenn

Thomas Danbykin

Thomas Sherwood .

First Middlesex Jury.

James Caney

Thomas Bradshaw

Richard Price

Matthew Dawes

Joseph Jollands

George Potter

John Moakes

Jonathan Punderson

John Hardy

Samuel Wardel

James Stewart

Charles Cooper .

Second Middlesex Jury.

Samuel Cochran

James Gibson

George Oliver

David Goughly

John Hartshorne

Joseph Stanley

George Brandy

John Goodchild

Joseph Gateskill

Richard Francis

Benjamin Bond

Daniel Willis .

Reference Number: t17901027-1

689. MARY WHITTLE was indicted for stealing, on the 26th day of August last, one pair of linen sheets, value 6 s. a woollen bed-gown, value 6 s. a tea-kettle, value 4 s. an iron pot, value 1 s. the property of William Grace , in a lodging room .

WILLIAM GRACE sworn.

I live in East Smithfield . The prisoner and her husband came to lodge with me about the beginning of June last, in the first floor; she staid with me about two or three months; they paid half-a-crown a week; it was a furnished lodging; her husband was constantly with her till they went away.

Court. It is unnecessary to go any farther; because if the husband was constantly with the wife, up to the time of the felony being committed, the presumption of the law is, that it was either done by the husband, or by the wife, under the coercion and command of the husband.

NOT GUILTY .

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

Reference Number: t17901027-2

690. JOHN FISHER was indicted for stealing, on the 17th of September , two silver table spoons, value 20 s. the property of David Thomas .

NOT GUILTY .

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

Reference Number: t17901027-3

691. THOMAS GRIFFITHS was indicted for stealing, on the 13th of October , three pounds in monies numbered , the monies of Frederick Willats .

Frederic Willats and Walter Drury called on their recognizances, and not appearing, their recognizances were ordered to be estreated, and the prisoner was

ACQUITTED .

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

Reference Number: t17901027-4

692. GEORGE STOREY was indicted for feloniously assaulting John Briggs , on the king's highway, on the 17th of October , and putting him in fear and danger of his life, and feloniously taking from his person, and against his will, one watch, with the inside case and outside case made of metal, value 30 s. and one steel chain, value 6 d. his property .

(The case opened by Mr. Knowlys.)

JOHN BRIGGS sworn.

I live in Jeffry-square, St. Mary Axe. I was returning from Colney-hatch, on Sunday, the 17th of October, in Mr. Paisley's carriage; we set out from Mr. Paisley's house; at Colney-hatch, about a quarter after six; we got a little way on Finchley Common , when the carriage was stopped by a man holding the bridle of one of the horses, with a pistol in his hand; it was Mr. Paisley's chariot; it was a clear moonlight night; it was not more than ten minutes or a quarter of an hour, from our setting out: I observed a man come to Mr. Paisley's side, and endeavoured to force open the door; Mr. Paisley held it tight; that man had a pistol; the prisoner then came to my side with a cutlass, and opened the door, and demanded our watches and money; he used very violent threats; and after being some time at the door, he called out to the man at the opposite side to fire; I had not then delivered any part of the property; the prisoner had a cutlass; Mr. Paisley caught hold of the cutlass, and had his finger violently cut; the prisoner at the same time drew out my watch from out of my fob; then Mr. Paisley leaped out of the carriage, and caught hold of the man with the pistol, when a scuffle insued; the prisoner immediately quitted my side of the carriage, and went round to Mr. Paisley, upon which I leaped out, and went round immediately after, when I saw Mr. Paisley on the ground, by several violent blows, which he received from the prisoner; this is the hat which Mr. Paisley had on; I saw one blow given, the last blow, upon which Mr. Paisley fell; that blow was given by the same cutlass he had when he opened the

door, upon which I ran up towards Mr. Paisley, seeing the man's arm raised, and received a back-handed blow on my neck with the cutlass; Mr. Paisley then called out that there were horsemen coming up, and they would all be seized, for we expected friends, upon which they went off; the prisoner at the bar took my watch, and I saw no more of it.

What time do you think this transaction took up? - I think they could not be less than five minutes, from the time they came up, to the time they went away.

Had you an opportunity of observing the person of the man whom you suppose to be the prisoner? - Yes, I had; he had his face some time in the carriage.

Was you under any alarm at the time? - Yes, I was; but not under so great an alarm as when I got out.

Were you under considerable alarm when they first came? - No, Sir, not so as to prevent my observing any man's face; he had a round hat on.

From the opportunity you had of observing him, from the light there was, and the length of time, can you conscientiously take upon yourself to say that he was present at the commission of that robbery? - Yes.

Have you any doubt of it? - I have not the smallest doubt in my own mind.

Did you afterwards give any alarm of this matter? - Yes; but there is one circumstance I mentioned when the prisoner was going off; I called out loudly that I should know the man with the cutlass, upon which he turned round, and threatened with oaths to murder me, or words to the same meaning.

Had you any opportunity of seeing him? - No, Sir, not enough to swear to him.

How long was it before they were taken? - On Monday, the 25th; that was the Monday week following.

Had you an opportunity of observing the other? - There was another man taken with the prisoner, whom I believe to be the man, from the appearance; but I could not observe enough to swear to him; I had not the same opportunity of observing the other as this man; I have no doubt of the prisoner: mine was a metal watch, with double metal cases.

Court. When the man's face was in the chariot, was the moon then shining upon him, or was the moon on his back? - The carriage was perfectly clear: I could see the man's face: the moon shone into the carriage.

Did it shine in the man's face? - I really cannot say that: it was perfectly light in the carriage, enough to observe the man's face; he had his hair about his ears, and was dressed in dark clothes: I gave a description to Dawson, the officer; I said with respect to the man with the cutlass; I said, I should have it in my power to swear to him, and described him as a thin man, shorter than myself, with a thin face, and a large nose, rather bent, and dressed in dark clothes, a round hat, with his hair about his ears, and I described the cutlass as a large one, with a cut and thrust. Mr. Paisley will not be able to get out for some time, from the wounds he has received.

ROBERT DAWSON sworn.

I am an officer. I took the prisoner by his father's sire side. I found nothing upon him; no cutlass; Mayne and Bewe accompanied me.

PRISONER's DEFENCE.

The day I was apprehended was last Monday, between twelve and one, at my father's house: I had been at work all the morning, and just come to dinner: my mother being frightened, fainted away; my father said, what do you want with him? they said, they had only a warrant; I went with them to Bishopsgate-street; they drove to Jeffery-square, and stopped; in two or three minutes, I suppose, five or six gentlemen came down, and Mr. Briggs among the rest; he looked very hard at me; what he said, I cannot tell; Dawson immediately took him out of Jeffery's-square,

and returned again: when I went to have my hearing the justice asked Mr. Briggs, whether the coachman could swear to me? he said, no; he believed he was privy to the robbery: some time ago I was at the King's Arms, and Maine and me had some words, and Maine said to me, you rascal, the first spice that is done, I will sell you in the manner that I did Bill Hussey ; that was a man that had been just then executed; and says he, if a man that I know now was not in the country, I certainly would apprehend you; but you rascal, I will not forget you.

Court to Mr. Briggs. Where did you first see this man? - In Jeffery-square, in the coach; Dawson said, do you know this man? I immediately said to Dawson, on looking at him, though not in his hearing, this is the man that held the cutlass when we were robbed.

Court to Dawson. Did Mr. Briggs tell you so? - Yes, my lord.

What did you go out of the coach for? - Mr. Briggs lives at Mr. Paislays, in Jeffery-square: when I came the mother fainted away; and I said, we had only a warrant: when we came to the end of the square, I desired Mr. Briggs to go and look into the coach, to see if he knew any body there; that was all I said to him; he said, that was the man that held the cutlass.

GUILTY , Death .

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

Reference Number: t17901027-5

693. ELIZABETH COOPER was indicted for that she, on the 24th of May, in the 27th year of his Majesty's reign , being then married, and the wife of William Cooper , with force and arms, at the parish of St. Luke, Chelsea, feloniously did marry and take to husband, one John Prior , the said William Cooper being then alive .

A second Count, for that she, on the 27th of April, in the 12th year of his Majesty's reign, at the parish of St. Leonard, Shoreditch, by the name of Elizabeth Fletcher , spinster, did marry William Cooper , and had him for her husband, and being so married, afterwards, on the 24th of May, in the 27th year of his Majesty's reign, at the parish of St. Luke, Chelsea , feloniously did marry and take to husband the said John Prior , the said William Cooper , her former husband, being then alive.

(The case opened by Mr. Garrow.)

GEORGE FLEMING sworn.

I am the parish clerk of St. Leonard, Shoreditch: I have the register book.

"27th of April, 1772, William Cooper,

"batchelor, and Elizabeth Fletcher , by

"banns. Witness William Burgess ." He is dead; this is his hand-writing.

WILLIAM FRANCIS sworn.

I am son of William Francis , who subscribed this; he is dead; this is his handwriting; I was present at that marriage; I saw the parties sign the register; I went to fetch her from the place where she was servant; the prisoner is the person; I knew her before; I carried letters backwards and forwards between him and her; her first husband is now living and in court.

MARY NICHOLSON sworn.

I know the prisoner. I knew her husband. I nursed her when she lay in by Cooper, of the boy, who is now living; they lived together about a year and a half; they never lived together since she went wet nurse to Lady Bathurst: he has never been out of England; but lived principally in London: she lived some where in Kent.

Mr. Shepherd, Prisoner's Counsel. Was not she in Ireland? - Yes; with Lady Bathurst: she never lived with her husband afterwards, that I know of: she might be two years in Ireland.

Mr. Garrow. Did you know her while she lived with Mr. Burrows? - I cannot say: she lived there as housekeeper.

JAMES BROOKS sworn.

I know the prisoner: I was present at the marriage of the prisoner with John Prior , on the 24th of May, 1787, at Chelsea church; I had been some time acquainted with John Prior : it was reported that her husband was dead.

Mr. Shepherd. Prior and the prisoner have been married three years? - Yes; they have two children: I suppose he courted her about a year.

Was it not with the knowledge of all her friends, and her mother, and sister? - I have seen the mother and brother; we went from the mother's house to the church: Prior is a gardener ; they have lived together since the marriage on very comfortable terms.

GEORGE GOODYERE sworn.

I am the parish clerk of St. Luke's, Chelsea. 24th of May, 1787, I find a marriage of John Prior , widower, and Elizabeth Cooper , widow, by licence, and James Brooks is one of the subscribing witnesses: I was present at the marriage: I cannot recollect the prisoner.

James Brooks . This is my writing.

WALTER WILLIAMS sworn.

I am related by marriage to the husband, Cooper; I married his sister: during the seven years preceding May, 1787, Cooper was sometimes in town, and sometimes in Leicestershire, and used frequently to go to Aldridge's stables, in St. Martin's-lane, who is a brother to the prisoner: I maintained the son of the first marriage for nine years: he very often visited his mother, and continued doing so till May, 1787; he went frequently to the mother and grandmother; the mother lived then at Burrows's, at Plumsted, in Kent: the son knew the father was living; because when the father came to London, he came first to our chambers, in Lincoln's-inn: he knew all the seven years his father was alive; they corresponded together by letter: I never heard of the father's death till after this marriage.

Mr. Shepherd. Upon your oath can Cooper write? - He used to get a person to write for him; and he used to write to me, to know how his son Cooper was; Cooper himself cannot write.

Have you any letter now in your possession that ever came from Cooper to his son? - I have none now; but I could produce a great many.

Where was the father? - With Colonel Skeffington , at Skeffington-hall: I believe he went from Mr. Tattersa's; he lived there about two years: on the twelvemonth before this marriage he lived with Mr. Emmerson, in Piccadilly; he has lived there now about three years.

When did you first hear of this second marriage? - I will tell you, if I know.

Recollect yourself? - I think it was the boy himself informed some of my family; and I believe it was my wife.

When was that? - I suppose about two years ago, or two years and a half; I could not believe it.

Do not you carry on this prosecution, upon your oath? - I do not, upon my oath.

You are not the person that carry on this prosecution? - I am not.

Did you communicate it to Cooper? - He knew of it before I did.

Why did this Mr. Cooper remain silent for two years and a half? - I fancy he was not silent; I fancy some business was done in it about a twelvemonth ago.

Upon your oath was it the first active step that was taken, finding a bill the next sessions? - I was out of town.

Do not you know that was the first step that was taken? - I do not know; I took no step.

Do you know now of any step that was taken? - No further than I saw the indictment: I remember Mr. Barker of Gray's-inn sent his clerk to me, to know whether any thing could be done for the child, by the first husband, for she had children enough by the second.

Upon your oath was any steps taken before? - Yes; I believe there was.

What step before the last session? - Upon my word I cannot tell you any step.

How many children has this woman had by this unfortunate second husband? - She had one by Mr. Burrows.

I ask you, Sir, by Mr. Prior? - I do not know.

Do not you know she has had two children while the first husband has been laying by? - I do not know that, upon my oath.

Did Mr. Cooper and she ever meet to your knowledge? - Not to my knowledge, only hearsay.

You have had nothing to do with this prosecution? - Nothing at all.

Did not you go with the constable to take the woman up? - Yes; I went to identify her.

You knew where she was to be found? - Yes.

So you did the last two years. - Upon my oath I could not believe, as I told you before, that she was really married.

Did not you know for two years where she was? - Yes.

Mr. Garrow. Do not you know that a good deal of time was consumed in finding out where the second marriage was had? - Yes; there was.

You concluded that the connection was the same sort with Prior as with Burrows? - Yes.

Mr. Shepherd. If you suspected that she was married a second time, and meant to take any steps, why did not you go and give the second husband notice? - I could not believe she was married.

Did not you employ Mr. Barker? - I sent to the house, and to Mr. Barker, and went there myself, to know if any thing could be done for the child; that was two years next November.

Now did you ever take any steps on the subject of a second marriage at all, till after the woman had said, she could not maintain the child? - I went there.

Mr. Shepherd. I have a great many witnesses to call, to shew that she had the strongest reason to believe that the husband was dead; and she is stated as a widow in the second marriage.

JANE ALDRIDGE sworn.

I am mother to the prisoner: I remember the circumstance of her being married perfectly well with Cooper: I think the child was but a quarter old when she went away: they did not live above a year and a half together.

Did they live together after she went to Ireland? - No, Sir; nor she never saw his face, that I know of, but once; that is about eleven years ago; he came into my house; but he did not demand his wife, nor did not say any thing to her, any further than how do you do, and how do you do: she was just come from Ireland; she was there great part of three years; she was there in several families: I can take a safe oath that she never saw him after that time; she has heard of him after she was married to Mr. Prior; she asked my consent; she was in Kent; and he went into Kent: she lived in Kent about three years, with Mr. Burrows: Prior courted her about a twelvemonth; I knew of it.

What reason had that woman to believe that Cooper, her husband, was dead? - By nothing but her own child; I was present about three years before she married Prior; I cannot; justly say; but it was a considerable time before; the child said, he was dead; says I to him, Jemmy, where is your father, I have not heard nor seen any thing of him a great while? why, says he, my father is dead; says I, do not say that, it is impossible; you are not in mourning; oh, says the child, such a father as I have is not worth mourning for; but my aunt and my uncle are in mourning.

What did the child say when he communicated his father's death? - He said nothing more than that to me; that his father had been dead some time in the country; and he said, he had his buckles, and his watch, and some things from the country.

Do you know whether the father had supported this child or not? - That I cannot say; I believe it was not in his power.

After the child had said that to you, have you any reason to know whether the

prisoner ever did hear from her husband? - She never did, I am very confident of it; she never heard from him; nor never saw him but that one time.

Was it among those who knew her, or knew any thing of Cooper, reported among them that he was dead? - Yes; Sir; it became a common talk that he was dead; by that that the child said so.

Did you believe so? - Why, yes; or else I would not have given my consent to the second marriage.

How long has she and Prior lived together? - Three years.

How many children have they? - Two children.

Mr. Garrow. Did she ask your consent to live with Mr. Burrows? - That was her father's doing at first; when she went she went as a visitor, and Mr. Burrows wanted a housekeeper, and my husband said, you may as well keep my daughter.

What age was this boy that was the messenger of his father's death? - He was about fourteen.

He accompanied the news of the death of your son-in-law, and of his mother's husband, with the observation that he was so worthless that he was not worth going into mourning for? - Yes.

Now was there ever the least pretence for supposing or stating the father to be dead, but that conversation? - I had no other grounds for it.

You do not know who instructed him to say so: who was this uncle and aunt that were in mourning? - Mr. and Mrs. Williams.

Did you ever go to enquire where he was buried? - No.

How far off was it? - In St. Martin's-lane.

Did not you frequently see Cooper at your son's repository? - No; never since this happened, nor before.

How lately before this woman married a second time had you seen Cooper? - Never for eleven years.

What makes you remember it was eleven years? - Because it is true.

Did you know that Mr. Cooper was an hostler at Skeffington park? - No.

Did your daughter, or you, or those that advised her to this second marriage, ever make the least enquiry?

Mr. Shepherd. Was there any other means of communication at any time between this man and this woman, except by means of the son? - Not to my knowledge.

Then he, who had been the only go-between the husband and the wife, was the person that informed you that the husband was dead? - Yes.

And you believed it? - Yes.

Did you consent that this woman should live with Mr. Burrows on improper terms, or did you understand that she went as a housekeeper? - I understood that she went as a housekeeper.

SARAH PEATT sworn.

I am sister to the prisoner: I was present at her marriage with Mr. Prior: I cannot say exactly how long she had been separated from Cooper: she had been servant in several families: Prior courted her a twelvemonth: I heard the prisoner's child say his father was dead, and died a great way off in the country; but did not know the place; I believed the report: I approved of the second marriage, which I would not have done but for that report.

Mr. Garrow. Did you take the pains to go to Mr. Williams, to enquire the truth of it? - No; because they behaved very abruptly.

Did you live at Mr. Alderidge's repository during any part of the seven years, preceeding May, 1787? - Yes; I think I did.

Upon your oath, during this seven years, how often did you see Cooper bringing horses to your brother's repository? - Upon my oath I did not see him, nor I do not know when I have seen him; I do not recollect seeing him since he came to see the child, when my sister was in Ireland; I have never seen him since to my knowledge.

My friend has asked you whether it was

not generally believed in the family that Cooper was dead; upon your oath was not it stated to you by Alderidge, that he frequently came there? - No, Sir; it was not.

From the year 1780 to 1787? - No, Sir; I do not remember it.

Do you know when this boy was the messenger? - I do not know, nor I do not care, and that is more.

You do not know who told him to say that his father was dead? - I do not.

Was that before Prior began courting your sister? - Yes; it was.

Did Mr. Prior court her while she was at Plumsted? - Yes.

Mr. Shepherd. At the time of that conversation with the boy did Prior or any body propose to marry her, to your knowledge? - Not to my knowledge.

Were you and Williams on good terms? - No; I never had any communication with them.

JANE SUDBURY sworn.

I know the prisoner, and her son, by Cooper: I am her sister: I knew of her marriage with Prior, and his courtship: I recollect the boy saying his father was dead, and he pulled out a watch, and said, his father had left him that watch; it was about a twelvemonth before she was married; I believed the report; and I asked him why he did not go into mourning, and he said, he lived with a master that found him in clothes, and he must wear what he gave him.

Have you ever heard that conversation by other people? - Yes; I have.

Was it generally understood among them?

Mr. Garrow. Your little circle believed it; but you took very little pains? - I did not make enquiry about it.

Had you the least reason, except from what he stated, to believe he was dead? was you present when this boy told your mother? - No, it was another time; I was alone.

He seems to have taken pains to have told this story? - I lived In Crown-street, Soho; I frequently saw Aldridge.

Did not Mr. Aldridge tell you it was false, for that the man was coming frequently to his stables? - No, he did not.

What did he say: did he say he believed it, or not? - He said it was very possible; he did not know any thing about it; he approved of that second marriage.

Mr. Shepherd. Did any body else ever come from the man to the woman, but this boy? - No, nobody but him.

You was not on good terms, I believe, with Mr. Williams? - No.

WILLIAM SMITH sworn.

I am a builder, at Paddington. I know the prisoner, her mother, and family: I know Mr. Prior: I had heard of Cooper previous to this marriage; I have heard it spoke of more than once, by several people, but much by the family; I have heard it generally spoke of in the family.

How long was it before the marriage? - About four or five years before the marriage: I have heard it doubted long before the marriage, whether he was dead or alive; and then I heard it positively said; and Mrs. Cooper thought herself at liberty.

Mr. Garrow. What are you? - An independent person.

Mr. Shepherd. I believe you are a friend of Prior's? - In some measure; I am an acquaintance of his.

Did you so much believe this report, as to give your consent to the marriage? - I did; I was consulted as a friend; I am a trustee to Mrs. Cooper.

Mr. Garrow. How do you mean you was consulted? - How it might suit, he having a family before; I had not the least doubt of the death of the husband: I was an acquaintance of Mr. Burrows, and by that means I became acquainted with Mrs. Cooper.

Mr. Burrows wished to protect his housekeeper, when she was going to change her state? - Yes, and lawfully protect her: Mr. Prior is a tenant of mine, and bears an undeniable character, as any man in the

world, and has it of several people; if he had known she had a husband, he would not have married her.

The jury conferred for some time, and then withdrew for an hour, and returned with a verdict,

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17901027-6

694. EDWARD GARDNER and MARY PARKER were indicted for feloniously breaking and entering the dwelling-house of William Gillingham , about six in the afternoon, on the 20th of September last, one William Woodhouse and one William Thompson being therein, and feloniously stealing one cloth great coat, value 20 s. two dimity waistcoats. value 10 s. one pair of velveret breeches, value 10 s. one cotton waistcoat, value 6 d. one linen shirt, value 4 s. one muslin gown and petticoat, value 20 s. one cotton gown, value 3 s. one stuff petticoat, value 4 s. a linen table cloth, value 5 s. a linen apron, value 1 s. one cotton shawl, value 4 s. one gauze cap, value 12 d. a muslin cap, value 18 d. two linen caps, value 1 s. two pair of muslin ruffles, value 4 s. four muslin handkerchiefs, value 18 d. one neckcloth, value 1 s. one muslin half handkerchief, value 1 s. two pair of cotton stockings, value 6 d. a pair of leather gloves, value 6 d. one mahogany tea caddy, value 5 s. a tin box, value 1 s. and two guineas in money, the property of the said William, in the said dwelling house .

WILLIAM GILLINGHAM sworn.

I keep the house that was broken open: I am a carpenter , No. 23, Crown-street, Moor-fields . On the 20th of September, my house was broke open; I left it at one at noon, to go to work; then I went where my wife was, and came home with her at past six; I let lodgings from top to bottom; I do not know which of them were in the house; I left my wife at home; when I returned, I found William Woodhouse there; he is dead since.

LUCY GILLINGHAM sworn.

I am wife to the prosecutor. My husband went out at one; I went out between two and three: I left the people in the two pair of stairs rooms; their name is Stokes; I cannot tell whether William Woodhouse or William Thompson were within or not; when I returned between six and seven with my husband, I found my house had been broke open, by finding my door open; all the property is in court. The prisoner Mary Parker frequently came to see the people in our one pair of stairs room; their name was Woodhouse; I do not know the prisoner Edward Gardener ; but our property was found on his premises; and I saw Thomas Cave take my husband's shirt off Gardener's back, the third day after the robbery; that shirt is here: I saw the things at Mary Parker 's lodgings.

WILLIAM VALE sworn.

I am a constable at Union-hall. I searched some lodgings which I was informed was Parker's; the people that told me so are not here; I found the property in the lodgings; it is here.

THOMAS CAVE sworn.

I apprehended the two prisoners at their lodgings, where Vale had been; they came home together about eleven; I took them to the watch-house; and under one of Mary Parker 's arm-pits, I found a box of duplicates; and a shirt and handkerchief belonging to the prosecutor, on Gardener's back; Gardener said immediately, Parker gave them to him, in her presence, and she did not deny it; she would give no account: I went to the pawnbroker's, and took the prosecutors with me; and they swore to the property.

(The duplicates produced.)

(The witnesses examined separate, at the request of Mary Parker.)

JOHN GRAYSON sworn.

I received these things of the prisoner Mary Parker ; I knew her before she pawned them; she told me they were her husband's; she pawned them for five shillings.

(A pair of breeches deposed to by the prosecutor, by a slit in the lining, and a gown, and a laying-inn gown.

ELIZABETH GRAYSON sworn.

I took in a gown and petticoat, and waistcoat of the woman prisoner, for three shillings and three pence, on the 20th of September, between seven and eight in the evening: Mr. Grayson was not present.

Prosecutor. I know my wife's petticoat and gown, and this laying-inn gown.

JOHN THOMAS sworn.

I am servant to John Parker , pawnbroker, Bermondsey-street; I know the prisoner Mary Parker ; she pawned a blue coat for half a guinea, and a white dimity gown for six shillings, the 21st of September, in the morning, between seven and eight, in the name of Mary Gardener ; she said they were her husband's property; and he had passed his word for a person; I never saw her before to my knowledge; but I am positive she is the woman that pawned them.

(Deposed to.)

Here are my gloves in my pocket; I lost a tea-caddy with two guineas in it.

MARTHA BRIANT sworn.

I am a poor washerwoman; I live next door but one to the prosecutor; and I was at home that evening, the 20th of September, about six in the evening; and I saw the prisoner Mary Gardener on the step, coming from the house, with her apron as full as she could hold it; it was quite chuck full.

ELIZABETH BAGGIT sworn.

I am a silk winder. I met Mary Parker the 20th of last month, between five and six in the evening, with her apron full, coming from the prosecutor's, about ten yards from his house.

PRISONER PARKER's DEFENCE.

On the 20th of September, I was at Rag-fair, never near the house at all.

Mrs. Grayson. The prisoner Parker took a caddy out of her apron the same evening, as she stood close to the counter, in my shop; she opened it, and took two guineas out of it; she broke it open with the scissars; the caddy is here.

(Produced by William Vale , and deposed to by the prosecutor.)

Vale. The landlord and landlady brought this tea-caddy to me.

Prisoner Parker. I wish to have my property before I make my defence on my trial. I went on the 20th of September to Rag-fair, with eight shillings of Mr. Gardener's in my pocket, to buy two shirts; and at the bottom of the fair I met a woman with a tea-chest and some things in her apron; she wanted to get it open; and I took her to Mrs. Grayson's, where I had a tea-caddy, that I thought the key would open it; it would not; Mrs. Grayson asked me to open it with my scissars; Mrs. Grayson took the lock under her care; and I fetched it away for six-pence the next morning; there was two guineas in it, and I believe about half an ounce of tea: I have no witnesses but Mrs. Grayson: Edward Gardener is really innocent of any thing that is transacted; he was in work.

EDWARD GARDENER , NOT GUILTY .

MARY PARKER , GUILTY, 39 s .

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

[Transportation. See summary.]

Reference Number: t17901027-7

695. THOMAS TYLER was indicted for that he, on the 16th of July last, at the parish of St. Mary, Islington , feloniously did falsely make, forge, and counterfeit, and cause to be falsely made, forged, and

counterfeited, and feloniously act and assist in the false making, forging, and counterfeiting a certain bill of exchange, purporting to have been drawn by one James Lindsey , directed to William Fielder, No. 25, Gun-street, Spital-fields, London, merchant, requesting him to pay to John Thomas Philips , or order, ten pounds, seventeen days after sight, as per advice, to him the said James Lindsey , with intention to defraud Margaret Cockburn , widow .

A second Count, for uttering and publishing as true the same bill, knowing the same to be forged, with the like intention.

A third Count, for forging an indorsement on the same bill, in the name of John Thomas Phillips , with the like intention.

A fourth Count, for uttering the said indorsement with the like intention.

A fifth Count, for forging an acceptance on the said bill, purporting to be written by the said William Fielder , in the words and figures following

"accepted, the 29th

"of June, William Fielder ", with the like intention.

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

Prisoner. I have two particular witnesses that I cannot with safety proceed to trial without; I expect them tomorrow morning, or I will send for them this evening.

Court. We cannot wait.

MARGARET COCKBURN sworn.

I am a widow. I know the prisoner. I keep an academy , for the education of young gentlemen, at Newington-green. The prisoner came to me about the middle of July last, as near as I can recollect, and told me, he had a son to place out at my academy; I told him the terms of the school; I likewise gave him a bill of the terms, which was twenty-five guineas a year, and five guineas entrance; he looked at the bill, and said, his son should dance; that was one guinea more; he said, it did not suit him to bring him to school on the Tuesday after; which was the day we opened; for he was going to Weymouth, and would send his sister with his son, and wished to pay the entrance then: he produced me this bill to the amount of ten pounds.

What did he say concerning the bill? - I did not ask him if it was a good bill; I had no suspicion that it was a bad one; he indorsed it in my presence by the name of Thomas Tyler ; I gave him the change, which was three pounds, fourteen shillings: the entrance for the education was five pounds, five shillings, and the entrance for dancing was one guinea.

Did you apply for the payment of the bill? - Yes; I was rather fearful as soon as he was gone, that it was not a good one; I sent a gentleman that is here, Mr. Foreman, to see if there was such a man; and I could not find any such a man; I never saw him after, till he was in custody.

How long was it after this transaction that you saw him in Bow-street? - About two months, I believe.

You asked him no questions about the bill? - No; I did not.

WILLIAM POWELL FOREMAN sworn.

I was desired by Mrs. Cockburn to make enquiries concerning William Fielder ; I did enquire first of all of a person that keeps a shop in Gun-street, Spital-fields, and then went to a public-house; I went to No. 25; the house appeared to me to be empty, and the windows shut; I enquired in the neighbourhood, and could not hear of any such person; on the day I went to present the bill I took two gentlemen with me; I knocked at the door, and a woman looked out of the window, and asked me who I wanted; I said, I came to present a bill for payment, on Mr. Fielder; and she said, there was no such person lived there, and the last tenant that lived in the house was Mr. Johnson, a taylor.

There were no other enquiries made but about this Fielder? - No; no other.

Prisoner. I wish him to be asked what time it was when he went the last time to make enquiry? - I went since I was before Justice Addington.

How long was it after the bill became due that you made this enquiry? - Why, to the best of my recollection, I went the day after the bill became due; I went before the day of payment, on the day of payment, and after.

Court to Mrs. Cockburn. That is the bill which the prisoner negotiated with you? - Yes; that is the bill.

(The bill read and compared with the indictment.)

"No. 479, 10 l. Bristol, 20th of June,

"1790. Seventeen days after sight, please

"to pay John Thomas Philips , Esq; or

"order, 10 l. James Lindsay . Accepted

"29th of June. William Fielder . Value

"received as per advice, of Mr. William

"Fielder, merchant, No. 25, Gun-street,

"Spital-fields, London.

Court. They made no enquiry about the indorsement? - No.

Prisoner. I took the draft of the last indorser, Mr. Philips; I went to Gun-street and had it accepted by Mr. Fielder there, and a day or two afterwards I passed it to that lady, and indorsed it with my own name.

Court. Now shew that there was such a person. - The person was arrested a few days afterwards, and he bailed it, and I could not bring him forward; but I could bring the nurse that nursed his wife, and and some people that assisted him in his business, therefore I asked for a little longer time, as I was not prepared.

Court. You might have called people enough if this man had lived there.

GUILTY , Death .

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

Reference Number: t17901027-8

696. MARIA ANN COOKE was indicted for stealing, on the 21st of July last, a linen night cap, value 12 d. a lawn apron, value 2 s. a linen cap, value 12 d. two muslin handkerchiefs, value 12 s. a linen shift, value 2 s. a cotton shawl, value 6 d. a pair of cotton stockings, value 18 d. a black queens stuff petticoat, value 3 s. a black silk cloak, value 10 s. a check linen apron, value 12 d. a silk handkerchief, value 3 s. a black silk bonnet, value 12 d. the property of Hannah Swinchurch , widow .

HANNAH SWINCHURCH sworn.

I am a widow in St. Catherine's-lane : I keep a small house there. On the 21st of July I lost the things in the indictment (repeating them) part of which were found on the prisoner; she came to my door lame, a stranger to me; she lived with me three weeks and three days; I took compassion on her because she had sprained her foot; I hired her at a shilling a week, and she robbed me the 21st of July; she was taken the 23d of July by the watchman.

JOSEPH GOLDBURN sworn.

I am a watchman in the parish of St. Mary, Whitechapel. I took the prisoner between twelve and one, at No. 1, in Angel-alley; she was in bed: I went up with James Dawson : she said to me, I know what you want: she was putting on the black stuff petticoat; I asked her, if that was not her mistress's property? (the prosecutrix)? she said, yes; there was the black bonnet, cap, stockings, and a shift on her back.

(The things produced and deposed to.)

JONATHAN MURRAY sworn.

The prisoner came into our house the 25th of July, to dispose of her cloak; I know this to be the same cloak; it was put into a drawer by itself.

JAMES DAWSON sworn.

I went with the watchman to take up the prisoner; she was in her shift; and she put on a pair of cotton stockings, a black stuff petticoat, and a cap; this is the petticoat; it has been in my possession ever since.

PRISONER's DEFENCE.

She gave me a shilling a week, and if I

did not bring home a man with me every night, I might as well be buried alive: she keeps a bad house, and turned out three girls as naked as they were born: she gave me the things to pick up men in, and I thought I had a good right to them.

Court to prosecutrix. Did you at any time give her any of these things? - No; I did not: nobody lodges in my house, nor has done.

GUILTY .

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

[Transportation. See summary.]

Reference Number: t17901027-9

697. MORRIS HALEY was indicted for stealing, on the 30th of August last, a printed bound book, in folio, being the first volume of a certain work entitled, a Compleat Body of Heraldry, value 10 s. the property of Thomas Thorpe and Basnett Lee .

JAMES COLE sworn.

I live with Mr. Thomas Thorpe and Basnett Lee, coachmaker s, in High Holborn ; they lost the book in the indictment the 30th of August; I took the book from the prisoner on the same day, about a moment after he came out of our shop; he was a stranger to me: I saw him go into the counting-house, and seeing something under his coat, and he walking out of the shop, I stopped him.

(Produced and deposed to.)

PRISONER's DEFENCE.

Going down Holborn I saw a young man I had not seen for eight years: I was very much in liquor: I do not know what I did.

GUILTY, 10 d.

Whipped .

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

Reference Number: t17901027-10

698. THOMAS PEARSON was indicted for stealing, on the 24th of June last, one watch, with the inside case and outside case made of metal, value 50 s. and six guineas, and half-a-crown , the property of Rebecca Brooks , widow .

REBECCA BROOKS sworn.

I am a poor widow with eight children. I lodge in Marybone. I know the prisoner; he went to fetch me the money from the Bank; I gave the prisoner the money in Marybone-street: I was walking in the park on quarter day; I cannot tell the month; it was in the spring of the year; the leaves were out; it was about half after one when I first met with him; he threw down a purse; and I said, you have picked up a present, and I must have half; we went and sat on one of the benches in the park, just right facing the clock; then there came up a well dressed man, very genteel, and said, your servant, and your servant, and he made obedience; and the prisoner had a long paper bill of a diamond ring, and he said, can you read this? I said, no, I have no eyes to read; so then the prisoner gave the bill to one Mr. Morgan, as he calls himself; he pretended to belong to the Prince of Wales, and looked after his horses; there was the account of the ring, and how much the diamond was worth: Morgan asked the prisoner what he was, and he said, he was a jobber in Smith-field; then Mr. Morgan said to the prisoner, do you go and fetch this gentlewoman some money; Morgan stayed with me: the prisoner returned in half an hour, and said, he went to a gentleman, who was not at home, but at four o'clock he told me I should have the money, and Mr. Morgan would go with me to put it into the Bank: Mr. Morgan asked me what I had? I said, a watch and half-a-crown in my pocket; but I had no more; so I left them in a coach, and went home, and fetched all the money I had, which was six guineas; and here is his brother-in-law; he has been dodging me all day, and offered

to give me three guineas; and the watch is in pawn.

What was you to have for the six guineas? - Upwards of fifty guineas from the prisoner and Mr. Morgan, when he fetched the money: I saw nothing of the prisoner, nor for seven weeks; then I saw him in the Bird Cage Walk? and he threw this paper away; a soldier that is here saw the prisoner throw it away.

Court. Was you to have your watch back again? - No, Sir; they did not say so.

At the time you delivered your watch to them did they say you was to have it again? - No, Sir.

What was to become of the watch? - I do not know; I did not ask them.

Was it proposed you should have your watch again? - No.

Did you mean to part with your watch finally? - No, Sir: my son gave it me that was abroad.

Then you expected to have it back again? - To be sure, when they came from the Bank.

Prisoner. On what day did this happen? - On a Thursday, quarter day.

Upon what day of the month? - I told you before.

To whom did you deliver your watch and half-crown? - To Morgan, while you was gone for the money.

To whom did you deliver the six guineas? - To Morgan.

Where? - Why, you went with us in the coach, and when I came up I did not see you.

Court. Was the prisoner present when you delivered the watch and half-crown to Morgan? - No, Sir; he was gone to fetch the money.

Was the prisoner present when you gave Morgan the six guineas? - No, Sir.

While the prisoner was present, was there any talk about delivering the watch or money? - No, Sir; none at all.

Court. Gentlemen of the jury. There is nothing to affect the prisoner in this case; because, though very probably they both set out with intent to commit a fraud, which might be a larceny, yet you see the prisoner was not present.

NOT GUILTY .

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

Reference Number: t17901027-11

699. ISAAC HOLIMAN was indicted for stealing, on the 19th of October , a silver table spoon, value 5 s. the property of Thomas Daniel .

NOT GUILTY .

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

Reference Number: t17901027-12

700. SARAH DAGLEY was indicted for stealing, on the 25th of October , one linen sheet, value 5 s. a cloth coat, value 20 s. a velveret waistcoat, value 2 s. and two shirts, value 3 s. the property of Thomas Wasing .

Mrs. WASING sworn.

I live in Glass-house-yard : my husband's name is Thomas Wasing : I lost the things in the indictment, my husband's property; they were lost between six and eight, on the 25th of October, Monday evening, out of the garret; nobody else was over the threshold but the prisoner, who lives in the two pair of stairs, from four till between ten and eleven in the evening; she has lived there above two years; an elderly gentlewoman lodges in the first floor; the prisoner went in and out of the house two or three times; my door was open all the time; I set in the parlour; I went into the garret about six, and knew them; in the evening, I went up much about eight to light the boy to bed; I never found the things; I have no servants, nor had no visitors; nor I do not know that she had any.

What is she? - On the town; I have given her warning several times, but she would not take it; I gave her warning last, much about the 12th of August; I have a shirt which was found in her bed loose, in

three pieces, by Winder the officer; her room was searched on Tuesday, much about five o'clock.

Do the three parts make one shirt? - No; the collar is gone.

William Winder called on his recognizance, and did not appear.

PRISONER's DEFENCE.

She broke open my door when I was absent; I had none of her property; she came swearing and blasting, and making such a blasphemous noise.

NOT GUILTY .

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

Reference Number: t17901027-13

701. THOMAS DUNKLEY was indicted for burglariously and feloniously breaking and entering the dwelling house of Hugh Cameron , about the hour of twelve in the night, on the 27th of October , and burglariously stealing therein, one earthen milk pan, value 6 d. his property .

A second Count, for burglariously and feloniously breaking and entering the said dwelling house, with intent to steal his goods.

(The witnesses examined separate.)

MARY WILSON sworn.

I was last up in the prosecutor's house; I am his servant: we were not gone to bed when the gates were broke open; the gates were double locked and bolted: Benjamin Bartholomew seized the prisoner; I locked and bolted the gates at a quarter after seven; the gates lead into the lane; they were the gates of the yard which we call the playground, which adjoins the house; the milk pan that stood opposite the dairy door, was removed and put into a wheel-barrow in the yard; it was at the dairy door about eleven; and about twelve it was found removed. It is a ladies boarding-school; a very large family; none of the family were in the yard after eight, I am sure.

HUGH CAMERON sworn.

I live in Silver-street, Enfield . There is a back yard where they got in; one of the fellows got over a paling about ten feet high, and fifteen yards from the house; it incloses the whole yard; at both ends is a high wall, and in front a wooden paling.

Can any body get in without going through a gate? - No.

Is there any hedge? - No; it is a close gate in the middle of the paling.

BENJAMIN BARTHOLOMEW sworn.

I am a butcher by trade. I went to Mr. Cameron's about a quarter after eleven in the evening, on Wednesday night, the 27th of October; I continued there till ten minutes after twelve; I heard a noise in a small yard; and a few minutes after, as if a man was walking; then the kitchen door was opened; and I observed a man run from the dust hole, at the end of the wash-house; he ran across the yard towards the gate that leads in the back lane; and about three yards before he pitched the gate, I seized him by the collar; he opened the door with his left hand, that leads into the lane, and he got out of the gate; he threw me against the pales, and struck me in the face; then Paul Roe came and seized him by the collar also; and he said I will do for you both before I let you go; and he struck at us both at once; one with the right hand, and one with the left; and we threw him down and secured him.

PAUL ROE sworn.

I am servant to Mr. John Holmes of Enfield. I went to Mr. Cameron's at a quarter past eleven; I continued there till ten minutes after twelve; I heard a noise; I thought it was cats; about five minutes after, I heard the step of a man; I opened the kitchen door, and I heard a man say, they are coming, they are coming; there are two doors; I went to the front door; I could see nobody there; I came back again, and I saw this prisoner about half way in the play ground; and I saw Benjamin

Bartholomew catch him, about three yards, by the collar; he put one hand against the door, and with the other he heaved the latch up, and got into a back lane; I came then to Benjamin Bartholomew 's assistance; and we had a long scuffle; he was secured in half an hour; I had hold of him all the time; the prisoner was not searched; they must come in at the top of the gate; and there were two bolts withinside the double lock.

Court to Mary Wilson . You are sure this door was locked and bolted at seven in the evening? - I am positive of that; and nobody was nigh the door afterwards; the pan stood opposite the dairy door, right opposite the kitchen door; that was moved to the barrow in the yard.

Jury. What gate did the butcher come in at? - At the front gate, that is next the street; this is a back gate.

Prisoner. I know nothing about it.

GUILTY , Death .

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

Reference Number: t17901027-14

702. BENJAMIN COLBORNE and MARY HIPWELL were indicted for feloniously stealing, on the 12th day of August last, two silver sauceboats, value 4 l. a silver coffee-pot, value 6 l. nine silver table spoons, value 3 l. seven silver tea-spoons, value 14 s. two silver salt cellars, value 16 s. a silver punch ladle, value 5 s. a silver cup, value 10 s. an ink-stand, value 10 s. seven silver salt spoons, value 5 s. two silver waiters, value 40 s. four pair of plated candlesticks, value 40 s. a plated candlestick, extinguisher, and chain, value 14 s. a plated cream jug, gilt with gold, value 10 s. one muffinet, the inside gilt with gold, value 10 s. a cruet stand, plated with silver, value 10 s. a gold watch chain with a gold hoop, value 10 l. a green etwee case, mounted with gold, and gold instruments, value 10 l. one mother of pearl rouge box, wrought and mounted with gold, value 5 s. twenty-four beads, value 40 s. a pair of paste buckles, set in silver, value 3 l. a gold ring, value 20 s. five pair of garnet ear-rings, value 10 l. twelve real pearls, value 20 s. twelve Roman pearls, value 12 s. two pair of Roman drops, for ear-rings, value 10 s. one antique Chinese, value 20 l. two other rings, value 3 l. one mourning ring, value 10 s. eight yards of cloth, value 3 l. twelve muslin handkerchiefs, value 20 s. five yards of callico, value 10 s. a silk mode cloak, trimmed with lace, value 5 l. three muslin aprons, value 15 s. fourteen neck handkerchiefs, value 5 s. one wrought bed furniture of India dimity, value 50 l. one India dimity jacket, value 2 l. one muslin petticoat, flounced, value 40 s. one muslin jacket and petticoat, value 20 s. two bed-gowns, value 10 s. two knives, value 5 s. a white silk petticoat, value 20 s. a shawl, value 10 s. a silk gown and petticoat, value 5 s. a white callico chemise, value 5 l. twelve agate handled knives, value 5 l. two linen bed-gowns, value 10 s. one gilt metal, box, value 12 s. a paper machee snuff-box, value 10 l. one blue and gold smelling bottle, with a gilt stopper, value 20 s. two pair of linen pillow-biers, value 18 d. sixty crown pieces, value 15 l. a five guinea piece, value 5 l. 5 s. and eighty silver medals, value 10 l. the property of Elizabeth Tyndall , widow , in her dwelling-house .

The case opened by Mr. Fielding, who informed the jury, that strong as the suspicions were, there was no evidence at all against the man, and none against the woman, as to the capital part of the charge.

MARY TINDALL sworn.

My house is in Bolton-street, Piccadilly . The prisoner Mary Hipwell was left in care of the house, with a strict charge never to leave the house; I left town the 2d of August; on the 9th, I received a letter that my house was robbed; the fastenings are so good, that I am sure no person could get into my house without being let in; I have

no suspicion of the servant being concerned in the robbery, any farther than quitting her charge, and basely going to Sadler's Wells: the plate she had never seen, was not taken; the winter clothes that she had not seen, were not taken; there are not half the things in the indictment, which I lost; I am able to swear to these gloves; when the patrol gave them to me, she said, they are not yours, madam, they are a pair you gave me; no, says I, Mary, these are mine most certainly; they never were worn; they are marked with the maker's name, and the initials of mine; I know them to be mine; I left them in the cabinet, locked up in a drawer; there was a pillow-case found in her box; there is no mark on it; but to the best of my belief it is mine; I saw the gloves the day before I went out of town.

- GRANT sworn.

I am the patrol belonging to Bow-street: I went to Mrs. Tyndall's house about a quarter before one; I took charge of the two prisoners; the woman prisoner told me nothing was lost but plate; the woman gave me the key of her box; and in searching her box, I found the pair of gloves and the pillow-case.

Prisoner Hipwell. Had not my mistress three honest characters with me? - No.

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

BENJAMIN COLBORNE , NOT GUILTY .

MARY HIPWELL , GUILTY of stealing the gloves, value one shilling .

Transported for seven years .

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

Reference Number: t17901027-15

703. THOMAS ALLWRIGHT was indicted for feloniously stealing, on the 11th of August last, forty-eight table knives, with black ebony handles, value 18 s. forty-eight forks, value 9 s. twenty-four other knives, with black ebony handles, value 9 s. twenty-four forks, called three-prong forks, with black handles, value 6 s. four-carving knives and forks, value 3 s. twenty-four other knives, value 40 s. twenty-four other forks, value 20 s. two other carving knives and forks, value 6 s. twenty-four other knives, value 1 l. 14 s, twenty-four other forks, value 17 s. six other carving forks, value 3 s. and one box, value 1 s. the property of John Mott and Thomas Harris .

JOHN MOTT sworn.

I live at the Castle and Falcon, Aldersgate-street. I was not in town when the goods were lost; I know nothing of the robbery.

JAMES BROWN sworn.

I am a carman to Mr. Mott; I had a box delivered to me by the book-keeper. I was going down Cloak-lane , and some people called after me, and said, a box was taken out of the cart; I was close by the cart, and saw the box was gone; I went back directly, to the Three Crowns, Dowgate-hill; the box was there, on the ground: Jones, who is here, said he saw the prisoner take it: the constable took the box.

- JONES sworn.

I am a porter. I went to the Three Crowns, Dowgate-hill, on the 11th of August, between four and five: coming towards Walbrook, I saw a cart coming out of Dowgate-hill, into Cloak-lane: the prisoner was at the tail of the cart; I saw him take a box out of the cart; he passed me towards Dowgate-hill; the cart went towards Cannon-street; he went from me about fifty or sixty yards; and I ran after, and took hold of him, and asked him where he had got the box? he asked what was it to me? I told him I thought he had stolen it; I held him till a constable came; I sent a porter for a constable; the box was put on the ground at the Three Crowns door: the constable had the box.

WILLIAM WILSON sworn.

I expected a box from Birmingham on

that day, in consequence of a letter I received; I had given orders for such things as were in the box; I saw the box at a public house on Dowgate-hill, between four and five in the afternoon.

JAMES NEWMAN sworn.

I am a constable. I was coming with the prisoner to Newgate; at the corner of Foster-lane, he knocked the other constable down, and drew a knife, and cut me on the thumb in two places; he tried to escape; I held him myself; the other officer was afraid to come near him; the prisoner tried to stab me in the side and on the head.

WILLIAM WILLIAMS sworn.

I am a constable. I saw the prisoner in the custody of Jones; I staid with the prisoner till Mr. Wilson came; I asked him if that was his property? he said it was; he gave charge of him: the box was directed,

" William Wilson , Cannon-street;" it has never been opened; I have kept it ever since.

(The box produced.)

Mr. Wilson. I know the hand-writing of the direction; it is the writing of my correspondent, at Birmingham.

Court to Mr. Mott. Is the book-keeper here? - No; he is gone into Yorkshire.

(The box opened.)

Court to Mr. Mott. Are you liable to pay for these goods if they are lost? - Certainly.

PRISONER's DEFENCE.

I work with my father. I was going to take a letter into Thames-street. I went down Walbrook; there was a man in a green coat asked me where I was going? I said, into Thames-street; he had a box with him; he asked me if I was agreeable to carry it for him, and he would satisfy me; I had not got it a minute, when Jones came up to me, and said, halloo, cock, does that belong to you? I told him it belonged to that man; he took me into custody.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17901027-16

704. JOHN PATRICK and EDWARD PEARCY were indicted for stealing, on the 13th day of October , two silver goblets, value 5 l. the property of Thomas Armiger , in his dwelling house .

WILLIAM WILLIAMS sworn.

I am a constable. On Wednesday, the 13th of October, about half past one, the two prisoners were coming through Checquer-yard, Dowgate-hill; I watched them; and at the corner of Elbow-lane, I missed sight of them in an instant, and did not see them till about ten minutes after two; they came back again; they were conversing together; they went by my door, and went to Hand-court; they stopped there, and I took hold of the biggest, Patrick, and asked him what he had got there; he gave me a blow across the nose; he asked what it was to me? he dropped the handkerchief out of his hand, and one of the goblets fell; he got away from me, and proceeded into Checquer-yard; he fell down there; I never lost sight of him; he ran into Thames-street, and I cried stop thief! he fell down, and I took him in Thames-street; when I laid hold of Patrick, the other ran away; and I missed him and the handkerchief, and the other goblet; I kept the goblet that I picked up myself; the other goblet was brought to me by a gentleman; he is not here; I was in Hand-court, and had Patrick in my custody at the time; I have kept the goblets ever since: (produces them): they were advertised; and I found out Mr. Armiger, and carried them to him; he knew them to be his.

THOMAS DICKINS sworn.

I keep a green-grocer's shop in Little St. Thomas the Apostle's. This day fortnight, about two o'clock, I saw the prisoner Patrick come out of Mr. Armiger's back gate, belonging to his dwelling house; he had a blue apron on; and he had something in it about as big as my two fists; he went down Little St. Thomas the Apostle's; I know nothing more.

THOMAS ARMIGER sworn.

I am a surgeon . I missed a pair of goblets on the 13th of this month, off the sideboard; it was very near half past three; they usually stood on the side-board; I had not seen them on that day; I think I should know them again.

(Deposed to the goblets.)

Court. What may be the value of them? - Five pounds.

Mr. Garrow. I suppose one of them is not worth more than forty shillings? - I cannot judge.

Prisoner Patrick. I leave it to my counsel.

Prisoner Pearcey. I have nothing to say.

The prisoner Patrick called two witnesses who gave him an exceeding good character.

JOHN PATRICK , GUILTY, 39 s .

Transported for seven years .

EDWARD PEARCEY , NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17901027-17

705. EDWARD LOWE and WILLIAM JOBBINS were indicted for that they, not having the fear of God before their eyes, but being moved and seduced by the instigation of the Devil, on the 16th day of May last, at the parish of St. Botolph without Aldersgate , feloniously, wilfully, and maliciously did set on fire and burn the dwelling-house of Francis Gilding , there situate, against the form of the statute and against the king's peace .

A second Count, for setting fire to the same.

Counsel for the prosecution.

Mr. Fielding.

Mr. Garrow.

Mr. Gascoigne.

Counsel for the prisoners.

Mr. Knowlys.

Mr. Lawes.

(The case was opened by Mr. Fielding, and the pardon of James Flindall was read.)

JAMES FLINDALL sworn.

I was convicted in May sessions last.

Mr. Garrow. Now recollect that, in all you have to state to day, you are not only to confine yourself to the truth, but to tell the whole truth. - Yes.

Do you know the two prisoners, Lowe and Jobbins? - Yes; I have been acquainted with Lowe about eight years, and Jobbins about seven or eight months.

What way of life was Lowe in at the time you was acquainted with him? - To the best of my remembrance, he served part of his time to his father, a turner .

What was the other prisoner, Jobbins? - I know no more than hearsay: I heard say, he was apprentice to a chymist or apothecary.

Do you remember the fire in Aldersgate-street , in May last? - Yes; it was on the 16th of May, of a Sunday morning; the prisoners and me had been in company at Lowe's house and several other places.

State to the court and jury whether that fire in Aldersgate-street was occasioned by the wilful act of any persons? - Yes, it was.

Who were the persons who set fire to that house? - Edward Lowe and William Jobbins, the two prisoners at the bar, and myself.

Where was it, and at what time, that it was first proposed to do it? - On Wednesday, the 12th day of May, at Edward Lowe 's house.

Who were the persons present at the time? - The two prisoners and myself.

What passed? - On Wednesday, the 12th of May, Edward Lowe and William Jobbins, in company with me, met at Lowe's house, in Hartshorn-court, Golden-lane. William Jobbins then proposed to us that he had pitched on Mr. Gilding's and Mr. Berry's, as proper places to be set on fire, in Aldersgate.

For what purpose were they to be set on fire? - With intent to rob and plunder the inhabitants, while in confusion.

Did you and Lowe agree to that proposal of Jobbins? - Yes.

When did you meet again? - On Thursday, at the Sun ale-house, Cow-cross; Timothy Barnard was there likewise. We acquainted Barnard with the proposal, and Barnard went with me to Aldersgate-street: we left the two prisoners at the Sun, at Cow-cross.

For what purpose did you go? - With an intent to shew Barnard Mr . Gilding's house; we went through the Red Lion-yard, which goes through into Carthusian-street.

Did you observe any thing in the inn-yard? - There was a cart unloading trusses

of clover into a hay loft, which adjoined to Mr. Gilding's warehouse; he was a cabinet-maker, with very extensive premises; Timothy Barnard then proposed this hay-loft as a proper place to be set on fire, as it would soon communicate to Mr. Gilding's dwelling-house and warehouses, as he said, the clover not being bound so tight as hay, would catch fire sooner, and blaze up; then Barnard and me returned to the Sun ale-house, Cow-cross; it might be about two o'clock; Lowe and Jobbins were there; we then told them that we had been to the place, and that Barnard had pitched on the hay-loft as fit to be set on fire; Barnard proposed to get some turpentine wood at the corner of the court where he lived, which being put in among the clover would soon blaze up; it was then agreed to meet Barnard at ten that evening, at his house in Pear-tree-court, Clerkenwell; and we went away about five o'clock: we accordingly met there at that time; in the mean time I directed Mrs. Lowe to get a pennyworth or two of spirits of turpentine, for the two prisoners and me went to Lowe's house, and Barnard went home; we then went out to get some money; we went out a thieving; but we did not get any; then we went to Barnard's at ten o'clock: before we went out a thieving, the turpentine which Mrs. Lowe bought, was mixed up by me, and Lowe, and Jobbins, and his wife, with some rags and paper, and put into a glove with some matches: when we went to Barnard's he was at home, in company with his wife; when we went in he said, he had some very good turpentine wood, and me and him put some into each of our pockets; it is old turpentine barrels cut up: we all four went from Barnard's house to Shoe-lane, with an intent to set fire to Mr. Miller's, a printer's joiner's shop, which was in the back part of his house; that did not have the desired effect; we went from there to Mr. Nash's, a coach-maker's, in Worship-street, Moorfields; I gave Lowe and Jobbins some wood out of my pocket, and they went to set fire to the stables, which soon went out; then we come away, and Barnard and Jobbins went separately; I lodged with Lowe, and Lowe and me went to Lowe's house to bed, about eight or nine in the morning; we staid there till between two and three in the afternoon of Friday; then me and Lowe went to the Sun, in Cow-cross; Jobbins was there; we then proposed to Jobbins and another man that was there, one James Bond , to go out a thieving; we did so; but did not succeed: Barnard was not with us: we staid till about nine at night; and I left them in Old-street, and went to Lowe's house, to desire Mrs. Lowe to get some turpentine, and then came back to them in Old-street, and told them; then we all, Lowe, Jobbins, Bond, and me, went in company to Lowe's house, and at ten o'clock we all went in company to a court in Long-lane, which comes to the back part of a stable, which adjoins Mr. Gilding's premises; Edward Lowe at that time had two picklock keys in his pocket, with intention to open the padlock that is on the stable door; but could not, and therefore could not get the combustibles in; two patrols were coming past the court, and they laid hold of the two prisoners; they were taken to the watch-house; I cannot say the names of the patrols; in the morning they were taken to the houses of their respective fathers; I went home to Lowe's house: I never saw Bond afterwards. On Saturday morning I got up at eleven, and went to the Sun ale-house, Cow-cross; Barnard was there; I then proposed to Barnard to go that night to set Mr. Gilding's house on fire; at that time the prisoners were not there; Barnard left me, and I continued at the Sun ale-house till five o'clock, when Jobbins came in; me and Jobbins continued till eight o'clock, when Lowe came; Lowe said, he had been at work at his father's all day; Lowe and Jobbins went out in company with me a thieving; we had no success, and returned to Lowe's house about ten in the evening; Mrs. Lowe went out and brought some spirits of turpentine in a phial; I cannotsay whether she brought them in that night, or the night before; then, with the assistance of Mrs. Lowe, Lowe, Jobbins, and me, mixed some rags with spirits of turpentine, and got some matches and turpentine-wood, which Mrs. Lowe bought a pennyworth of; it was not barrels, but the best we could get; and we put them all together into a glove; and the wood was put some into my pocket and some in Jobbins's; it was eleven o'clock by that time, and we three went to the Nag's-head, in Aldersgate-street; we left Mrs. Lowe at home, but ordered her not to go to bed; for if she should be called, to come and assist us in taking away the plunder. We had three or four pots of beer, and two half pints of gin, and a paper of tobacco. We staid there till half past twelve, and the landlord refused to draw us any more liquor; that was one of the houses that was burned down that night. We three went out of the house with each of us a pipe in our mouths alight, in order to light the matches and set fire to Mr. Gilding's premises. A stranger to us, a customer, came out at the same time we did. We four went to Carthusian-street, down that street; and by that time two of our pipes were broken: we went to the back gates of the Red-lion inn yard, which are in that street. The prisoner Jobbins got over the gates with a pipe in his mouth, which was the only remaining one; and, in getting over, the pipe was knocked out: I got over directly after Jobbins, and he gave me the pipe: the gate is an old wooden gate, with holes in it; I gave Lowe the pipe through the hole to get lighted, and he returned with it to me lighted; but in the mean time Jobbins went down the yard, and placed a ladder, which he found near the hay-loft, against the hay-loft door, which was the hay-loft pitched on by Barnard and me; then Lowe returned with the lighted pipe, and gave it me through the gate; I then went down the Red-lion inn yard with a pipe, and gave it to Jobbins, at the end of the ladder: the pipe went out as before: he gave me the pipe again, and I returned it to Lowe, which he lighted again, and handed to me through the gate; and at the same time he gave me some matches, which I gave to Jobbins with the pipe. I then went down the yard with Jobbins to the stable; then Jobbins went up the ladder with the pipe in his mouth, and the matches in his hand, into the clover-loft; when he lighted the matches, and set fire to the combustibles, which he had laid before, in my absence, among the clover hay. When I went for the pipe, I saw him go up the ladder: the combustibles soon blazed up. Jobbins and me came back, and got over the gates of the Red-lion yard into Carthusian-street: Lowe was then waiting at the gates, and desired me to go to his house for his wife: the fire then blazed. I went to Lowe's house, and found Mrs. Lowe laying down in her clothes; she returned back with me to the fire, which was then burning very rapidly: Mrs. Lowe and me returned in about twenty minutes. I left Lowe and Jobbins at the fire. We then went down the Red-lion yard, where Lowe was in a house bringing out boxes and things; the alarm of fire had been given, and people assisting: I then assisted, with Jobbins and Lowe, and Mrs. Lowe, to carry away the things that came out of the houses; I carried several things away into Aldersgate-street Buildings, in company with Lowe and Jobbins; they were left in the Buildings, in the care of a watchman. I then went back again to Mr. Gilding's, which was on fire; this was about an hour and an half after the first blaze. I went up into Mr. Gilding's dining-room, and brought down a vase case, containing about two dozen silver table-spoons; there was one gravy-spoon, and about a dozen desert-spoons. I went through the mob with it under my arm, to an inn yard, took out the spoons and put them in an handkerchief, and threw the case under the gateway. I then went home with the spoons and the handkerchief to Lowe's house, in Hartshorn-court, Golden-lane, Old-street, about five or ten minutes walk from the fire; I put them in a cupboard under the stairs, on the right-hand side. I then returned back to the fire; andthe prisoners had brought a great many things, from different houses, into Aldersgate-street Buildings: I met Lowe coming with two drawers, which he carried to the Buildings; I proposed to call Barnard then, and left Lowe and Jobbins at the fire, and went to Timothy Barnard 's house; he came out directly as I knocked. Barnard came with me to the fire; I shewed him the property in Aldersgate-street Buildings; he said, Here is something like, indeed! Then Lowe came, and Lowe and me desired Barnard to fetch a cart; and I left Lowe to mind the things, whilst I went with Barnard to fetch a cart: we could not get one, and came back to Lowe; then Barnard proposed to us, to get what things away we could, without a cart; and Lowe brought the two drawers I met him with before, which were the property of Mr. Gilding, on his head, to the bottom of the Buildings, and took them towards Sutton-street, in the way to Barnard's house; and he desired Barnard and me to follow him, which we accordingly did: he then carried them into St. John-street, near Sutton-street, and Barnard then lifted them off Lowe's head on to mine; and Barnard then desired me to follow him to his house. I followed Barnard till I came to New-prison Walk, which is near his house; Lowe and Barnard accompanied me; where I was stopped by an officer, named Mr. Lucy, with the two drawers on my head: Barnard walked off directly, and Lowe stood still by me, and was brought in afterwards by Lucy to the New-prison. There was a blanket over the drawers, to prevent people seeing what they were. Lowe and me were committed for trial. On the Sunday, Mrs. Lowe came to the prisoner Lowe and me, and brought us fourteen shillings, which in the presence of Lowe she said was part of the price of four spoons, which she said she had received of Jobbins as part of a guinea which the four spoons fetched; that was our two thirds of the guinea; the other seven shillings belonged to Jobbins. She said Jobbins told her he had sold them in Chancery-lane, but would not tell where. Jobbins was usually called by us the Little Doctor. I then told her to go home, and she would find in the cupboard under the stairs some silver spoons, which these four were a part of. The next day she returned to me and Lowe, and brought us three pounds fifteen shillings, which she said was the money she had received for the spoons, of Mr. Samuel, a Jew, whom we knew; and she never gave me any of the money, but took out a pair of stockings for me from pawn, that was two shillings. Then we were committed to Newgate, and I had at different times a few shillings; and some victuals that I had, she paid for it. The bill was not found against Lowe. I was tried, convicted, and have received my pardon.

Mr. Garrow. That is material; he was not tried for stealing the plate, he was indicted for stealing the goods of Mrs. Woodley in the dwelling-house of Mr. Gilding; the jury found him guilty of stealing, but not in the dwelling house.

I was ordered for transportation: I discovered this about six weeks after I was sentenced; I made no discovery of it before. I wrote a letter to Mr. Alderman Skinner: in the ward I was in, there was a person I thought I could depend on as a friend, not to hurt myself more than I was, and I got him to write a letter to Alderman Skinner; I told him the whole circumstance: his name is Wilkins.

Is the story you have been relating to the court and jury the truth? - Yes.

Are these the two persons that had the share in the transaction you have been describing? - They are.

Cross examined by Mr. Knowlys.

Now, Mr. Flindall, on Wednesday, which was three entire days before the fire happened, was the first time this scheme was concerted? - For that place.

You say it was the Thursday before you communicated it to Barnard? - Yes.

Barnard then alone went with you to view the premises? - Yes.

It was not Barnard's original scheme? - No.

Nor do you say that Barnard was present at the commission of the offence? - No.

I should think it then a little odd that Barnard was the person that was with you to view the premises and to concert that scheme? - It was so.

During this interval you certainly amused yourselves in going to search after the execution of plans of robbery? - Yes.

What time did you leave the Sun on Thursday? - Between four and five.

Are you sure of that? look at the jury. - Yes.

Is the Sun a house much frequented? - Yes.

At the times you were there, there were a great many more persons? - There might be three or four people more than we.

Then you do not know whether the house was full of customers or thin? - There might be two or three besides us; the taproom never was over and above thick of company; but the business was settled how it was to be conducted, as we were going to view the place; Barnard and me concerted the scheme, and communicated it to the two prisoners.

How long at any one time on the Thursday were you all together at the Sun? - I cannot say.

How long do you guess? - Half an hour.

Will you swear that you were not more than half an hour together at the Sun? - I cannot positively say, because we were some time together before Barnard and me went to view the premises, and some time afterwards; we might be an hour together the first time.

Might you be two hours together? - Not together.

Were you an hour and an half together? - I will not positively say; we might be an hour and an half, not more.

Did you drink much together? - No.

What did you drink? - Beer.

How much? - Not above a pot, or a couple of pots.

Was this the first time Barnard and you had been at the Sun? - The first time on this business; Barnard has been in company with me there before.

What hour was the first meeting at the Sun when you were all together? - About eleven or twelve.

Was the room thin or full then? - There were not many people there; there might be three besides us.

At what time were you all four there again? - About two o'clock; we were there about half an hour, or more; there were not above two or three people there then, and we had not more then than a pot of beer.

On the Friday, after Barnard left you, how long did you and the two prisoners remain there? - Till five o'clock: we were not all the time in that room; we went backwards in the skittle-ground.

Was the room thin or full during that time? - There were two or three, or four, people going in and out; the room got full and empty again in the time that we continued there.

You say, when you was taken by Lucy, Lowe stood still? - Yes.

He was found immediately on Lucy's going out again? - Yes.

You were in the same gaol together? - Yes.

How have you maintained yourself before that Wednesday? - By different other robberies, in company with the prisoners.

For what length of time had you maintained yourself by a course of robberies and plunder on the public? - About eight weeks.

What way of life was you in before? - I followed the sea for some time.

Do you mean to confine your course of robberies to seven or eight weeks? - With these people: I have been out before.

What has been the course of your life for these last three years, has it not been a course of robbery and plunder? - No, not three years.

How much of the three years? - About two years.

How often have you been in custody, during that time, on various accusations? - Once before within the two years.

Did not you fear that the plan of burning houses might be fatal to the lives of many people in the night? - Without a

doubt I did; but the plan was not proposed by me: when I saw the fire, I cannot say but it shocked me very much, but not before, not the idea of burning people.

You planned it, I suppose, to be in the night? - Yes.

When you wrote to the worthy alderman, you thought you could not be the worse for it? - I did not think so: I applied to this person that was in the same ward, thinking him a friend of mine, and asked his advice; I thought if I could make it appear to the public without hurting myself I would, and therefore I caused this letter to be written.

I believe you proposed to get a pardon by this discovery? - I proposed to get nothing.

Did not you hope to get a pardon for this discovery? - I had an hope that mercy should be shewn me if I should petition for it, but nothing further.

That mercy was a pardon, was not it? - My expectation was, if I wrote a petition to his Majesty, or the Secretary, that, after I had done public justice, I thought I might receive some favour.

Did not you expect a pardon? - No, I cannot say I did; I had a thought that I should receive some favour, I had a hope of receiving some favour, I cannot say a pardon, a free pardon, or any thing of that kind; I expected to go to sea.

Mr. Garrow. Did either of the prisoners ever observe to you, that this would be attended with murder, and that you had better desist? - Never.

So they were as bad as you? - Yes.

You thought, by making a disclosure, you should not make your situation worse, and that, after you had done justice to the public, his Majesty might shew you some clemency? - Yes.

What that was you could not guess? - No.

Have you, as far as depends on you today, been doing justice to the public? - I have.

Have you been telling the truth? - I have.

Have you been making a false accusation against any man? - I have not.

THOMAS DUGGIN sworn.

Examined by Mr. Gascoigne.

I keep the new Sun, in Cow-cross.

How long have you kept it? - Some time.

Did you ever see the prisoners at your house? - Yes, frequently; I believe the prisoner Jobbins used the house before I took it.

Have you seen them in company together at your house? - I think I have.

Do you know Flindall? - Yes.

Have you seen him at your house? - Yes.

In company with the two prisoners? - To the best of my knowledge I have.

You remember the great fire in Aldersgate-street? - Yes.

Do you remember seeing the prisoners at the bar at your house on the Thursday before that fire happened? - I cannot say I do, not to be positive; but I suppose I have, as they used to come in and out.

Do you know the wife of Lowe? - Yes.

Has she been at your house in company with her husband, or Jobbins, or Flindall? - I think she has, to the best of my recollection.

Did she ever leave any thing at your house? - When Flindall and Edward Lowe were in prison, she called at my house, and left a pistol in my custody.

What was to be done with it? - She left it with me till somebody should call for it; I do not recollect that she mentioned who.

Cross examined by Mr. Lawes.

Was you generally at home? - Yes.

You cannot say whether you saw any of those prisoners together? - I think I have, to the best of my knowledge.

Can you be positive of that? - I think I can be positive that I have.

When was the first time you ever saw Lowe, in your life? - I cannot recollect that.

Recollect the deposition you gave before the magistrate relative to that. - I should suppose it was in January.

Did not you say before the magistrate that you never saw Lowe till the evening of the fire? - I did not.

Mr. Fielding. You never said any such thing to the magistrate? - I did not say any such thing to the best of my knowledge.

Mr. Lawes. Can you recollect whether on the day of the fire you saw the prisoners together at your house? - I cannot recollect that I did.

JOHN BURRELL sworn.

Mr. Fielding. Is your name John Burrell ? - I cannot positively say; they call me so.

You are servant to Mr. Thomas Duggin , at the Sun alehouse, Cow-cross? - Yes.

You have lived there, I believe, some years? - Yes.

Look at the two prisoners at the bar; do you remember their being at your house? - Yes.

Look at Flindall. - I know him.

Have you seen them at your master's house together? - Not to the best of my knowledge; I might, but I cannot pretend to say.

You know their persons, you say? - Yes. Have you seen them at your master's house? - Yes.

Have you seen them together? - I cannot recollect; they might; I cannot pretend to say, I cannot charge my memory.

You are sure you have seen them at your master's house? - Oh, yes.

More than once? - Oh, yes, two or three times.

Your business is in and out of the taproom? - Yes.

Mr. Knowlys. Your situation is to carry out beer backwards and forwards to your master's customers? - Yes.

JAMES EDWARDS sworn.

Examined by Mr. Garrow.

I am a watchmaker; I live in Barbican: I know the Nag's-head alehouse in Aldersgate-street; I remember the fire.

Do you remember being at that house the night of the fire? - I do.

Look at the prisoners; were they there that night? - I cannot say to Lowe; Jobbins, I am sure, and Flindall were there; I cannot recollect Lowe at all.

Were there other persons in company with Flindall and Jobbins? - There were.

About what time did you leave the house? - I believe ten minutes after twelve, as near as I can recollect.

Did you leave Jobbins and Flindall, and their companions, there, when you went away? - I cannot be sure whether Flindall was there when I went away, but Jobbins walked round the room with a pipe in his mouth, and I believe he went out of doors; whether he went away or not, I do not know.

How near do you live to Mr. Gilding's? - I believe it is two stones throw, half the length of Barbican; I was just going to get into bed when I was alarmed by the fire.

As to the persons of Flindall and Jobbins you are perfectly sure of? - Yes.

BENJAMIN WILLIAMS sworn.

Examined by Mr. Fielding.

I keep the Nag's-head, in Aldersgate-street; I was burnt out: I remember the night of the fire beginning.

Do you know Lowe? - Yes.

Do you know Flindall? - Yes.

Do you remember them coming to your house the night of the fire? - Lowe and Flindall went out of my house about half after twelve on the night of the fire.

They had been there some time that evening? - They had; and they had either three or four pots of porter, and one if not two papers of tobacco; I can say but to one; they had some pipes, they had half a pint of gin, and they wanted a pot of porter after I had locked up my bar and my cellar; I refused drawing them any more liquor; Flindall pressed very hard for half a pint more gin, but I said I would sell no more. I cannot say that Mr. Edwards was there, nor whether the prisoner Jobbins was there. I was in bed in five minutes after they went away. I was alarmed about one o'clock.

The back part of my yard adjoins Mr. Gilding's premises.

JOHN RUSSELL sworn.

Examined by Mr. Garrow.

You are one of the watchmen belonging to the Charter-house square? - Yes.

How near are you to the gates of the Red-lion? - I cannot say: there is a gate to the square; I do not go beyond those gates: it is a wooden railed gate, an open gate; you may see through it: the Red-lion gate is about six yards from my box.

When you went your rounds, did you carry your lanthorn with you, or leave it in your box? - Leave it in my box.

Do you remember the night that the fire happened at Mr. Gilding's? - Yes.

Do you remember your calling the hour of twelve in that night? - Yes.

Did you leave your lanthorn then in the box? - Yes.

In the course of that night, and before the fire, did you hear any thing that caused your attention? - No, Sir, nothing, till I had done calling half after twelve; then I thought I heard a foot-step in Carthusian-street; I went to look through the gate, but I could see nobody; but I directly saw the fire.

How long does it take you to go round and return to your box? - Sometimes more, sometimes less; sometimes ten or twelve minutes. When I saw the reflection of the fire, I look upon it to be three quarters after twelve, it was beyond the half hour, but could not tell exactly, as we have no chimes to the Charter-house clock; it was before one.

Where did the reflection of the fire come from? - From the Red-lion yard, from some stables; it had just got a little above the tiles; I suppose it had been some time before it could get through the tiles.

What sort of a gate was there to the inn yard, at that time, in Carthusian-street? - A wooden gate.

Could a man easily get over it? - Yes, very easily.

How so? - Because there was a part of the wall broken down by people getting over, some that belonged to the yard, such as coachmen and others; it was easy enough to get over there.

The Charter-house gate was as easy to get over? - Yes, either over or under.

So that if I had wanted to have come to your box for a light, I could have done it easily. - Very easily.

WILLIAM KYME sworn.

Examined by Mr. Gascoigne.

I kept the Red-lion inn: I went to bed about a quarter after twelve: in the morning, about a quarter before one, I was alarmed with fire, by the watchman; I saw a very bad fire in a hay-loft, over a flour warehouse of mine, adjoining to Mr. Gilding's premises; there was clover-hay chiefly in the loft, and some straw and meadow-hay; there was clover brought in three successive days before the fire happened, on Thursday, Friday, and Saturday: there was a ladder locked to the side, that nobody should take it away to any other place; it was to go into the loft.

Was it easy to place the ladder so as to get into the loft? - Oh, yes, very easy; it was for that express purpose. I secured my property in my iron chest, in my bed-room: I went down to fetch a candle; and in about a quarter of an hour after I was alarmed, and I left two or three of my doors open; and very soon after I returned, which was a little after one, this Lowe and Flindall came into my bed-room; I asked them what they wanted, and they said they come to assist me: I told them they were two thieves, I said they were nothing but thieves, and I told them I supposed they came to rob me: then they said they were no such thing as that, they came to serve me, and they would assist me; and I wanted somebody to remove my iron chest further from the fire, and they did assist in that: then they wanted to help me to take my beds and other things away; I told them they should not touch them, I wanted no further assistance from

them, for I suspected them to be nothing but thieves, and they should not meddle with any thing, then they went off, and I had nothing to say to them.

Are you now quite sure, that Flindall and Lowe were the two persons? - I am quite sure.

Is your house in the Inn yard? - Yes, much about the middle.

THOMAS COLLINS sworn.

I am a constable; I attended at the fire in Aldersgate-street; I saw Lowe there; I went there about three, and it was sometime after I was there, about half an hour or three quarters of an hour, he was walking backwards and forwards by the end of Aldersgate-street Buildings; there was a parcel of goods brought from the fire, and a watchman in care of them. I saw Lowe twice or three times walking backwards and forwards: he past by the end of the Buildings, and I went as far as the Vine-yard; I believe Lowe saw me; I went there on purpose; I knew Lowe before, that made me take notice of him; I looked at him to see what he was after, as I did some other people; I am positive he was there; I know Flindall, I know Jobbins; I cannot say I saw either of them at the fire.

HARRY MORAY sworn.

(Examined by Mr. Fielding.)

You remember the fire in Aldersgate-street? - Yes, I was there at the time, about one o'clock.

Look at the prisoner Jobbins, and see if you know him? - Yes, I do.

You have no doubt of him? - None at all.

Did you see him at the fire that night? - Yes.

Whereabouts? - Why in different parts, by Mr. Gilding's, and one time at another house; it was half after one or two when I first saw him; it might be half an hour between one time and another.

THOMAS BURGIN sworn.

On the sixteenth of May last you was a servant to Mr. Gilding? - Yes.

You remember the fire at his house? - Yes.

Look at the bar, and tell us whether you saw the prisoners at the fire? - I saw Lowe only.

Did you see Flindall there? - No; some time after he was getting out the things, I come out of my master's house with some things, and put them across the road; and going back for more, I saw some linen, which turned out to be sheets, coming out of my master's window up two pair of stairs; I caught hold of the sheets; Lowe immediately told me I had no business with them, for he was Mr. Gilding's servant; I immediately looked him in the face, and told him he was not Mr. Gilding's servant, for I was, and if he was also, I should know him.

As you looked him in the face, you are sure that is the man? - Yes.

Positive? - Yes: he still insisted on the things, for I had no business with them; some gentleman came up to him, and told him to let go the things for they knew me to be Mr. Gilding's servant; he immediately let go of them, and went about his business.

Mr. Knowlys. The moment he was sure you was Mr. Gilding's servant, he gave them up? - Yes.

Mr. Garrow. He would not know you was Gilding's servant, but he must have known he was not, must not he? - Yes.

JOSEPH DOUGLAS sworn.

I am a turner; I remember being at the fire in Aldersgate-street; I know Mr. Gilding's counting-house. (The prisoner Timothy Barnard ordered to be brought up.) I saw a person coming towards Mr. Gilding's counting-house, whom I have seen in custody. (Barnard brought in.) I am positive that is the person; I gave him a book to deliver at Mr. Blackburne's, and I followed him; I was close behind him; I saw him go another way; I immediately delivered the book to Mrs. Blackburne, and followed him, and he came back and delivered it; I am sure that was the man, and, to the best of my knowledge, it was about two o'clock.

JOHN CARTER sworn.

I am servant to Mr. Gilding; I know Timothy Barnard ; I saw him there; he was in Mr. Gilding's counting-house; I gave him several books to carry, but I do not know where they were carried to; I had a box on my head, and Barnard wanted to carry it; he said he belonged to them; I said, so did I, and I would not let him have it.

JOHN HEWITT sworn.

I was at this fire; I saw Edward Lowe there; he was coming from the fire with a box on his shoulder; Robert Newman , the constable, stopped him, and said you shall carry it no further, and he pointed to Aldersgate-street Buildings, and made him put it there; I am sure he was the man.

Mr. Lawes. About two in the morning? - Yes.

JOHN LUCY sworn.

I am a peace-officer; I was in Aldersgate-street after the fire happened; I know Flindall and Lowe. In the morning of the 16th of May, about five o'clock, in St. James's Walk, Clerkenwell, at the end of which is Short's Buildings, I observed two men coming after me with some property on their head, and there was a third person looking into Mr. Rhode's, our vestry clerk's garden; I waited till they came up to me in Short's Buildings; I went up to Flindall, who had on his head two drawers, with wearing apparel, covered with a blanket; having heard of the fire, I suspected them: I asked the person, which was Flindall, what he had there? he said some property from the Red Lion Inn Yard, Aldersgate-street, and was going to No. 12, Pear-tree-court, Clerkenwell-close; I laid hold of him, and took him and the property into New Prison; I was then close to the gate; I came out of the prison, and found Lowe near where I had left him; he was without his hat, and his coat wet; I secured him; he said he had been at the fire to assist the sufferers; I took him into custody; Flindall was afterwards tried and convicted for stealing the goods; the bill was not found against Lowe.

EDWARD MOTTRAM sworn.

I am a constable of Aldersgate Ward; I think I know both the prisoners well; Lowe, I am positive, was in my custody about the middle of May, and I am persuaded in my own mind, Jobbins also, but I am not so positive to him; in going round the Ward, to the best of my remembrance, the two prisoners I took up a little passage, which I believe is called Cock-court, Long-lane; I saw a person or two up the passage, and being an unseemly hour, I went up the court and took them into custody, as suspicious characters; they was making water they said; I said it would have been decent in the day, but at night there was no such necessity; I called the patroll; I took them to the watch-house; I searched them, and found nothing; I asked them where they lived, and they gave me a verbal direction; I went home with Jobbins to his father's house, who rents a little tenement of one Brown, an oil-man, at the end of Old-street, in Goswell-street; I came back to the watch-house, and took Lowe home to his father's house in Bridgewater-Gardens; I cannot say particularly what night this was, as I keep no minute, by business being always settled the next morning; the patroll is not here.

JOSEPH SAMUEL sworn.

I live in Still-alley, Houndsditch.

Mr. Garrow. What business do you follow? - Clothes dealing.

A general dealer? - A general dealer, if I can find nothing else.

Do you remember the circumstance of a fire in Aldersgate-street? - Yes, Sir, I remember hearing of it after I had bought some silver of Mrs. Lowe.

What did you buy? - Some silver spoons of Mrs. Lowe, the wife of the prisoner Lowe, as far as ever I understood. I know the prisoner Lowe; I came to his house,

and asked for him; his wife said he was not at home.

Did you at any time buy any thing of Mrs. Lowe? - Yes, ten or eleven desert and table silver spoons, and among them one long narrow spoon, which I believe is called a marrow spoon.

From what place did Mrs. Lowe take those things? - Why, she went out of the room that she and I was in, and took them out of a bit of a closet joining to the staircase on the right-hand; I cannot tell whether she had more, but I bought all she shewed me: I paid her 3 l. 15 s. they were at 4 s. 10 d. an ounce. I sold them afterwards to a man that deals abroad, for 5 s. 2 d. an ounce. The first time I saw Lowe after, was the day he was discharged: he had no hat on, and his coat under his arm. I was going out: says I, how do you do, Lowe, will you walk in? and he said, yes, I am come on purpose to speak to you. I took him in doors, and he then said, Mr. Samuel, if you have got any of those spoons that you bought of my wife, that came from the fire in Aldersgate-street, I beg of you. for God's sake, to make away with them, for I think Jem Flindall will be a rogue: for, says he, the day that Jem Flindall was arraigned at the bar of the Old-Bailey, he sent me down a letter, and required eight or nine shillings of me, that he then wanted: and, in case I did not send it to him, he threatened to tell the Judge the whole affair; and in case Flindall was hanged, he said I (meaning Lowe) should be hanged along with him. I then said, it is something amazing to me that you should be afraid of Flindall's being a rogue, there is nothing to affect you: you are discharged, and at your liberty, in what can he hurt you? and he then said, there are other circumstances in the way. I then begged of him to tell me what he was afraid of: he was a long time hesitating, but at last he said, I may tell you, that I, Flindall, and the others, set them houses in Aldersgate-street on fire, and I now intend to go on board of ship. He then said to me, I think Mr. Samuel, you have used me rather ill. In what? says I. Why, says he, concerning the money you gave my wife for the silver: for, says he, I think that twenty spoons, certainly come to more than three pound fifteen shillings, for says he, the little doctor, (by which name we called Jobbins) had sold some of the desert spoons, which were the smallest, to a person in Chancery-lane, for seven shillings a piece, and had sent Flindall and him fourteen shillings, and kept seven shillings to himself. I then told him, says I, I tell you what, Mr. Lowe, your wife will never tell me to my face that I bought twenty spoons, for if there had been twenty they would have come to more money. He then said to me, I think, Mr. Samuel, I have been very lucky in this business; I said, how lucky? He said, I may say I have saved my life twice; I asked how? Why, says he, I may say, I have saved my life now, by being acquitted; and, the first time, when the fire was in the house of Mr. Gilding, I entered the house and ran up stairs, and I had scarcely been a minute in the room, before it was all in a blaze, and I was forced to make my escape out of one of the windows, and I was catched by the mob. I gave him half-a-crown, and declined going with him.

Did you see Lowe again after that? - Yes; some days afterwards, I was coming from the Borough across London-bridge, I met Lowe coming towards me; I hardly knew him; he had on a canvas jacket, and a pair of nankeen breeches; he said he was going down that evening. Down, says I, where? Says he, to the Nore, on board of ship; and he asked me if I had heard any thing concerning Flindall, about the business, (which I understood to mean the business he had been talking of)? I told him no, I had not troubled myself about it; he asked me to give him something to drink; and I took him to the dram shop in Thames-street, and we had a glass a-piece; and from that time I have not seen him, till I saw him in Guildhall. My wife was present only a short part of the time, for she was very ill.

You knew these people before? - Yes.

I take it for granted, you suspected these things were not come honestly by? - I knew they were not.

Mr. Knowlys. How long have you known Flindall? - Five or six months.

How often has he been at your house? - Pretty often.

On business? - Yes.

You know very well what I mean by business? - Yes, I suppose I do.

That is to say, bringing you the result of his plunder - that you mean? - You mean that I suppose.

Is that true? - Yes, I suppose it might.

For what course of time have you been in this known character: a general merchant we will call it? - Sir!

How long has your house been a house for this purpose? - I do not know that my house has been resorted to but by these people. I have been a general dealer in an honest livelihood, which I can prove, though I have been under the lash of the Court.

How long in the honest way? - Many years.

How long in the dishonest line? - Not long.

You know very well, that by giving evidence, you save yourself from prosecution? - Certainly; but I came voluntarily several hundred miles; I was not sent for; and my wife came up voluntarily too.

Mr. Garrow. The gentleman has asked you whether Flindall came to your house to sell stolen goods? - Yes.

Who came with him? - Jobbins and Lowe.

This is the commencement of your atonement to the public? - Yes.

The property was disposed of? - Yes.

Therefore nothing could come against you? - No.

ELIZABETH SAMUEL sworn.

I am wife of Joseph Samuel .

Do you know Lowe? - Yes, I do.

Do you know his wife? - Very well; I remember the fire in Aldersgate-street, on the 17th of May; I saw Mrs. Lowe at our house; my husband had been out, and he came home with Mrs. Lowe, and brought some silver spoons, and my husband weighed them, and paid her for them.

After this did you see Lowe at your husband's house? - Yes, some time after Lowe came to my house, without a hat, and spoke something to my husband, I do not know what; and he came to me, and he said, Mrs. Samuel, if you have any of those spoons that your husband bought of my wife, make away with them, for they came from a place that we set alight in Aldersgate-street; and he said he was going on board a ship.

Are you sure this was an observation of Lowe, and the conversation he used? - Yes.

Mr. Knowlys. When your husband is out, and people bring things, then you take them in? - I did not buy any thing at all of this; I did not buy any thing from that time; I deal in old cloaths, and cry them about the streets.

Do you mean to swear that your dealings are confined to old cloaths? - I have bought things before, but no great matter.

LLOYD GARSIDE sworn.

I am a hat-manufacturer; I live in St. John's-street, Smithfield. I saw the prisoners the day of the fire facing my door. I know Peartree-court; St. John-street is in the way from Mr. Gilding's to Peartree-court.

Look at Flindall? - He was with Lowe and another; there were three in company; I cannot swear to the third person.

(Barnard brought forward.)

He is very much like him, but I cannot be certain; it was about five in the morning; they were all three together: they were coming down Sutton-street, past my door, and towards Clerkenwell; one of them carried something on his head, covered with a sort of a cloth. Lowe carried it, and by my door he gave it to Flindall.

Mr. Garrow to Mr. Lucy. On the trial of Flindall you produced the articles you

took on his head? - I delivered them to Mr. Gilding, and the goods to Mrs. Woodyere, as her name was then, it is now Burden.

ELIZABETH BURDEN sworn.

My maiden-name was Woodyere; I was servant to Mr. Gilding at the time of the fire in Aldersgate-street; I lost my wearing apparel; these were the drawers I had to put my clothes in, and there were articles of wearing apparel in them; they were in the garret; those drawers and things were a part of the property lost; they were returned to me; they are the same that were lost, and the same that were produced on that trial.

JOHN RICHARDS sworn.

I am in the employ of the Sun-fire-Office; I was present at the apprehension of Lowe: he was on board the Brunswick, entered by the name of Edward Price ; I enquired both for Lowe and Price; he answered to the name of Price, and insisted upon it to me that his name was Price, and not Lowe; he had his trowsers on; I requested he would pull up his trowsers that I might see his legs, for I had information that one of his legs had been fractured, and not having been properly set, it was bent and differed very much from the other; I found it was so, and I asked him how it happened; he said it was from a kick of a horse and not properly set; I told the commanding officer he was the man I wanted, and he was delivered to my orders. At Guildhall I told this to the Alderman, but he then answered by the name of Lowe. The other prisoner was apprehended on board the Crescent; as the men were called over, he was pointed out to me by Clarke, who was with me; he said, Jobbins, I am come for you; the officer said, in his hearing, his name is not Jobbins, his name is Burne; he was secured; the ships were both at Spithead.

Mr. Knowlys. Did you know there was an advertisement offering a reward on the conviction of any of those offenders? - There was a reward of fifty guineas for each of the offenders.

FRANCIS GILDING sworn.

Mr. Fielding. I believe it was your premises that were unfortunately burnt? - They were.

Are those drawers within your knowledge? - They are.

Do you know the quantity of silver spoons that were lost from your house? - About two dozen, in a vase case.

Mr. Lawes. Is this house your own? - Yes.

JANE GILDING sworn.

I can swear to the drawers; I know there were twelve table and twelve desert spoons in a vase case; and there might be a marrow spoon in it, there frequently was.

Mr. Fielding. My Lord, we have finished the case for the prosecution.

Prisoner Lowe. I leave it to my counsel.

Prisoner Jobbins. I leave it to my counsel.

EDWARD WATSON sworn.

(Examined by Mr. Knowlys.)

I am a journeyman watch-finisher; I have known the prisoner Jobbins ten years, from his first going to St. Paul's School; I never heard his character impeached; he was employed in the medical line, as a surgeon and man-midwife; his father gave seventy guineas with him.

Did you ever apply to him in that character? - I did once, on the Saturday, at his father's house, previous to the fire; the fire happened on the Sunday morning; he was not at home in the evening; I waited for him; I saw him.

What time did he come home, that you had the opportunity of seeing him? - It was past twelve o'clock; I went to the west end of the town.

Where had you come from? - From Westminster.

How long had you waited at the house for him? - Very near two hours.

Whose house was this? - Mr. Jobbins, the father's.

Did the son reside at the father's? - He did.

Where is the house situated? - Opposite Charter-house-wall, Goswell-street; it looks into the gardens.

How long after twelve was it when he came home? - About a quarter; it was just turned twelve when he came in; or it might be ten minutes past twelve when he came in.

How long did he continue with you? - I suppose about twenty minutes, or there-away.

What did he do for you? - He made me up some pills.

Did he go away with you when you went away, or did he remain at home? - He remained at home.

Was the father at home? - He was.

Did you see him? - Yes, I certainly saw him, for nobody lives in that part of the house, but the father and son.

(Cross-examined by Mr. Fielding.)

Whereabouts is this house of the father's? - It is a coal-shop, the corner of Rotten-row; it is a double house; the father has all the upper part of the house; he belongs to the Keys, some department under government.

Did you know the master with whom this boy served his time? - No.

How long have you been acquainted with him? - Between nine and ten years.

How did you know he served his time to a surgeon? - By his father coming to me, and borrowing my indenture to copy from.

You never heard him mention the name of the man? - No; I never heard any conversation relative to that business.

Where do you live? - In Golden-lane, with my mother.

Are you out of your time? - Between eight and nine years.

Who did you serve your time with? - One Wiltshire, in Bloomsbury.

Who do you work for now? - Mr. Delasont, at the Change.

Have you any family? - No.

How did your acquaintance begin? - By the father, who came to my father's house.

Then you tell me you never had any conversation with Jobbins about his skill in the business? - I never wanted any thing of the kind before.

What hour did you go at? - About half after eight.

Do you know the neighbourhood? - Yes.

How far is this place from the place where the fire happened? - I never was there in company with him; I have been there since.

How far is it from the father's? - Near half a quarter of a mile.

Is it so far even as that? - I suppose it might be.

Now, young man, you went to this house you say, at ten? - On my return I called upon him.

You went at half past eight, and he was not at home? - No, he was not.

What time did he come in? - Past twelve.

Was he smoking his pipe at that time? - No, he was not.

Was any body with him? - Not as I know of.

How long did he stay then? - About twenty minutes after twelve I left him, or rather more.

Did he smoke there the time he came to his father's? - No; his father was always against his smoking.

What! were your habits of intimacy such as to know that? - I have heard his father say so.

Upon what occasion, or why; take care young man? - I have heard him say so; he had always an objection to company.

Can you recollect any one time now, when you heard the father say so; is the father here? - Yes, I fancy he is.

When was it you heard the father object to his smoking? - Half a year or a year ago; my mother used to wash for the father.

Then not later, you have heard that objection? - No.

Then you remember that half a year ago? - He did, somewhere thereabouts.

How many visits did you pay this young man at his father's house, after that Saturday? - I never had occasion to pay any more visits, because his father came to our house for some linen.

Have you ever been there since? - No; I had no occasion; I had a sufficient quantity, and I satisfied him on the Saturday night.

When did the father come to your house after this Saturday? - The week following, I think he came for some linen; he frequently visits my mother.

Did he hold any conversation with you or your mother, more than to require the linen that he wanted? - No more.

Have you ever seen the father since? - Yes, several times, at my own house; he frequently calls on account of his linen.

Was that the only occasion that brought him to your mother's house? - Yes.

Have you had any conversation relating to his son? - He certainly informed me of the unfortunate situation of his son.

When was that? - About three weeks ago.

In what manner did he inform you? - He told me that his son was gone on board a ship, and that he was taken up for being concerned in this fire; that was the very first I ever heard any thing about this young man, from the Saturday night, till I saw the father, about three weeks ago.

Court. Upon what occasion did you apply to him for the pills? - From a violent fall I had from a chair, which hurt my loins.

When did this accident happen to you? - On the Wednesday before, at my own house.

How came you to go at so late a time of night, on an accident that happened on the Wednesday before? - I went first at half past eight; then I went to Westminster, and called in Fleet-street on my business; the father was at home; I took a book out of the library.

What did you want the book for? - It is common to take a book when one is in a room.

What was the book? - I do not recollect rightly; it was something about medicine; he came in about a quarter after twelve; I staid about ten minutes or a quarter of an hour.

JOHN JOBBINS sworn.

I am the father of the young man at the bar: I live in Goswell-street, in a house of Mr. Brown's; his door fronts one way, and mine the other; there is no communication; it is a separate house; I have lived there about six years. I have only one son; I keep no servant; my income is but small; I am a king's locker at the Custom-house.

Did your son live at home with you at the time of the fire? - He did.

Do you happen to know in what way he disposed of his time for several days preceding the fire, during the week? - He was at home always when I came home, at three o'clock; the former part of the day, I can give no. more account of him than you; I go to my duty at nine o'clock, sometimes not till ten or eleven; he was at home when I was there; sometimes I came home at half after two.

On Saturday, when you returned home, and from three o'clock the day of the fire, was your son at home? - He was at home, writing, and had been writing for the week before; he was writing a chronicle; he continued at home till between seven and eight; I was at home all that time, when I desired him to go to the White-horse Cellar, to see for something that I expected from Gloucestershire, which was to lay there till called for; he did not find any thing; and he did not return till a little past twelve; in the mean time a Mr. Watson came about nine o'clock that evening; he asked me if my son was at home? I told told him no, but he would be in presently, I dare say; he said he was going farther, he would call as he came back; he returned about eleven; he waited till it was a little past twelve, when my son came home.

Do you know the nature of his business with your son? - He asked him if he could

make him up something for a strain? my son told him if he would wait about a quarter of an hour, he could; accordingly he made some pills in a box, and he paid him; I saw him.

Has your son any books? - He has a little library.

When Mr. Watson went away, what became of your son? - He went to bed with me; he had not been in bed half an hour, before the alarm of fire was.

How long was it before he got up? - Half an hour, I believe; and he got up and said, there was a fire; says he, I will run and see it; I said, do not go, for you may be hurt; he said he would take care not to be hurt, and he would not stay long.

Do you know the time he returned? - No, I cannot say I do, for I had been asleep, for I had no light.

Did he return to bed? - He did.

Was he in bed with you when you awoke? - He was.

What became of him on the Sunday? - He was at home all day on Sunday, and until Monday, past nine, till I went to my office.

Who was your son apprentice to? - Mr. Cowley; he is dead; since then he has lived with me; Mr. Cowley was a surgeon and apothecary; I gave fifty guineas with him, and all expences.

Was your son a studious and attentive young man? - Oh, very; he understood Latin very well, and the anatomical science; sometimes for three weeks together he was studying in his profession, and composing things.

(Cross-examined by Mr. Garrow.)

Mr. Jobbins, in the course of my life, I never had so painful a duty as at present. How far do you live from the Nag's-head, in Aldersgate-street? - I do not know where it is; I never go to a public house.

Did you know the premises that were burnt down? - I do not know the situation, nor who lives there.

Am I to understand, that knowing for two months past your son has been in custody upon a charge that was to affect his life, you have never had the curiosity to see the place where he was supposed to be? - Oh, Sir! I see it every day.

So I thought. How far is that place from your dwelling house? - About one hundred yards, or one hundred and twenty, one hundred and thirty, one hundred and forty, or one hundred and fifty.

Did you get up, when your son got up, and look out of the window? - I did, and saw the fire very plain; I thought it was nearer than it was; I thought it was within fifty, sixty, or one hundred yards.

So that I am to understand, you being awoke out of your sleep by a fire within fifty, sixty, or one hundred yards, you reposed yourself into such a sleep, that your son came to bed to you without waking you. Was you awake when he came home? - I do not know that I was awake, for I fell asleep, and he came home; at what time he came home I do not know.

Did you compose yourself at a distance of fifty, sixty, or one hundred yards off such a fire as that in Aldersgate-street, so that you got at last into such a sleep, that a man came to bed to you without waking you? - I do not say but I might awake; I say, what time it was I could not tell, because I had not light enough to see my watch; whether I had or not, I did not look.

Was you, or was you not awake when your son came home? - He awaked me when he came to bed.

He did? - Yes.

Then he undressed himself in your presence? - Yes, he did.

You remember the fact of his coming to bed? - Certainly.

What time was it? - I cannot tell.

Did you enter into any conversation with him? - Why yes; I asked him where was the fire? he said, in Aldersgate-street.

Then you now perfectly recollect your son's coming to bed? - Yes.

Then the reason you did not look at your watch was, because you had not light enough to see it? - I do not know that was the reason; I did not look; there might be

light enough; I paid no attention to the time.

What age is your son? - Nineteen.

How long did he serve Mr. Cowley? - Two years and an half.

And continued with him till his death? - Yes, within a very little.

Then it was not the death of his master that occasioned him to leave Mr. Cowley? - No, Sir, it was not; I thought his master used him ill, and had not practice sufficient for him, therefore I took him away. I went to St. Bartholomew's hospital to treat with a gentlemen: surgeon Sharp said he would give me an answer, to take my son, if he did not take another.

How long, in truth, after he left Mr. Cowley, did he continue to live with you? - Two years.

Did you, in truth, take this young man from his service at the age of seventeen, and continue him in your house as his own master, for two years? - Yes.

Had he any body to controul him there? - I was his father.

You was pretty much from home? - I went out at eight or nine, sometimes ten or eleven, to my duty, and had done by two, or half an hour after three.

Did you hold no other conversation with on his coming to bed, but where the fire was? - I did not ask him many questions; I asked him when I got up.

You did not ask even whether it was a large fire? - He told me it was.

Did you ask him if any lives had been lost? - He told me he had heard of none.

Did he appear to have been very active? - No, Sir, not to my knowledge.

Had you the curiosity to ask him what time it was? - I did not ask him, nor I did not know.

Did your son practise much for himself? - He did practise what he could get, and chiefly a few pills for the disorder.

Where did he keep the ingredients for his medicines? - He went and bought them as he wanted them.

No stock? - Yes, he did, sometimes, two or three pounds of things.

He had the things for Mr. Watson's medicines? - Yes.

Where did he compose them? - In my presence, before the fire; I believe I have some now of the very same that he made.

Did he make them in the presence of the patient? - He did: I never knew what house he used; but I knew he went to public-houses to get his money, a guinea, half a guinea, or fifteen shillings.

He was a very studious young man? - Very studious as to learning.

He was not addicted to drinking or smoking? - I never heard him swear, nor ever saw him drunk.

Did he smoke? - He did smoke sometimes.

What at home? - Yes.

You and he used to smoke together? - I never smoked or chewed.

You never made any objection to his smoking? - Never; he took it for the toothach.

Did he smoke a pipe most nights when he went to bed? - No, Sir, not most nights, only now and then; but if there was strong beer and small together, he used to drink small.

He drank small beer with his pipe to chuse? - Yes; when he wanted any beer, he used to fetch it from the chandler's shop.

Of course, as you never objected to his smoking, you never could have told any body that you did not like his smoking? - Not I; I said to nobody but himself; I said to him, you are a young man, why do you smoke? Oh, says he, it does my teeth good.

That was all the objection you made? - Yes.

You never told any body else? - I might say, that is a silly boy to smoke so young.

You never said that to Mr. Watson, did you? - Not that I know of.

Then this young man was not driven to go out, because you did not like he should smoke at home? - That he was not.

Did not you think that he staid at this White-horse cellar? - He staid too long, I thought.

Did you know much of his patients, or

the company he kept? - I knew little of them, I never troubled myself with them; I never saw Flindall, nor Lowe, nor Barnard, till this affair.

Do you know a person of the name of Towse? - Yes, I do.

What is he? - He is a buckle-maker: I know his father; he is beadle of Joiners-hall; the father is a man of some property.

Have you ever had any conversation with Towse, the father, as to the time your son came home on the morning of the fire? - I never have, since this was talked of.

But before this was talked of, and before your son was accused, upon your oath, have not you mentioned to Mr. Towse the time your son came home that morning? - Upon my oath, I never did.

Then you never said to Mr. Towse, that your son did not come home that morning till four o'clock? - I never told him so to my knowledge.

You swear that positively? - Yes, Sir, I will; I only told him, since this accident happened, that I was sorry to hear that he was accused of any such thing.

That you swear positively? - Positively.

You mean to stand by that? - I never told him in my life.

Neither before your son was accused, nor since? - I do not know what I might have told him since; it might be four in the morning.

Did not you tell him that your son was not at home when you went to bed, and that you was sorry to say he did not return till four in the morning? - I never did, to the best of my knowledge.

Now I tell you, Mr. Towse is here. - Why I may talk about something or other, and I might say I cannot tell what time it was.

Upon a subject where your son's life was at stake, might you be holding idle conversations; did you not say so, upon your oath? - I cannot remember any such thing.

Will you swear you did not say so; upon your oath, is it true that this young man had been to bed that night? - Yes, Sir, he certainly had.

Upon your oath, did you tell Towse he had not been to bed? - I did not tell him he had, or had not, to the best of my knowledge; I cannot swear I did, or did not.

Which way shall I take it? - You may take it which way you please.

Then, in conversation with Towse, you may have said that your son was not at home when you went to bed, and that you was sorry to say he did not come home till four in the morning? - When I went to bed, we went to bed together.

Will you swear positively you never said so to Towse? - I cannot swear positively to any such thing.

What liquor did you and Mr. Watson drink together, while you were waiting the return of your son? - Not one spoonful of any thing that I know of, never drank a drop, neither spirits nor liquors, of any sort; that I can swear.

Do you know a man of the name of Samuel? - I do not know him any farther than this: when the woman declared that my son was innocent, and said she did not know him, before Alderman Skinner, Mr. Towse was standing by me; I said, I am very glad of it, I should be sorry she should know any thing of him; he is not in their list, however: so afterwards he said, there is a husband of her's; if you please, I will go with you, and hear what he says; for fear that he should have something to say to disturb my mind; so he and I went to an indifferent house in the neighbourhood.

Was not that Mr. Farmer's house? - I do not know whose house it was.

Did you send for Samuel to come to you? - Samuel did come, by the wife's desire.

Did not you send for Samuel? - I did not.

Did not you go there on purpose to see him? - I went to see his wife.

What did you say to the wife? - I asked if her husband was at home, and she said he was; and, if I pleased to come along with her, she would bring me to him: Mr. Towse offered to go; she refused; and when he came in, I said, is your name so and so? he said, yes, what would I have; I said, do you know any thing of one Jobbins; Jobbins,

says he to his wife; yes, says she, before Alderman Skinner; no, says he, I do not know him; says she, neither do I know him: I am very glad of it, says I; I would not have him guilty of any such thing for 100 l.: they have since forged a lie, and said I offered 100 l.: this is all that passed.

Did not you say, I am the father of Jobbins, and I shall be very happy if the next time you go up you will be as partial as your wife, to say you do not know any thing of him; no money shall be wanting, any money you please shall be ready? - No, I did not say any such thing; I never said any such thing in the hearing of Towse.

Nor in the hearing of Farmer? - I do not know Farmer.

Did you never say so in the hearing of Towse, Samuel, or Farmer? - I never did; I was very glad they did not know him; for I went to satisfy my mind.

Was your son's library in the same room he compounded his medicines in; where did he keep his books? - In a book-case that cost me sixteen guineas; he had a key of it.

Had he other books in that library besides medical books? - He had his school books; he was six years at St. Paul's school.

Did you hand Mr. Watson the book, or did he help himself? - The book! the pills.

No, the book? - I never handed him a book in my life.

Did he ever take a book? - He never did.

He had no book the night he was waiting for your son? - If he had, he had it from my son.

If he had, you must have seen it? - I must.

How did you and he while away the time while he was waiting for your son? - Spent our time as any body else would do; sat by the fire-side, and talked: I was reading, I believe, in Quincy's Dispensatory, or some other book; I cannot tell what I was reading.

If any body has said that Watson took a medical book out of the library, that is not true? - I never said so; I don't know what I said; suppose a book laid here, he might take it up and look at it.

He is but an illiterate man? - He is not a conjuror.

He can read, can he? - Yes, he can, and write too; you read law, I read physic; I read what suits me.

How soon after this did your son go to go abroad? - I do not know that.

How long after the fire? - I cannot tell.

Try now, and recollect. - It might be three or four months.

Do you mean to swear that it was? - I cannot say.

Was it three months? - I do not know.

Was it two months? will you swear it was two months? upon your oath, did he not go away? - What signifies whether he did or not; I have no remark of it; God zounds, I cannot keep such things in my mind, I cannot recollect if I was all day about it; I never charge my mind with such things, it was not a thing of such a subject to think of; I cannot tell within a month; I believe, about two months. Swear it! I would not swear any such thing; what occasion is there to swear to that.

I desire to have an answer. - I cannot do it; I believe it was upwards of two months; and it might be three.

Had he any intention of going abroad? - None at all that I know of, except when the war broke out, he said he wished he was able to pass his examination, he would go as surgeon's mate; he was gone as an assistant surgeon; so he told me; I do not mean to swear that it was so.

Do not you know that he went as a common foremast-man? - Yes.

By what name? - George Burne ; and his reason was, because I should not know he had entered into any regular list; he told me he was going.

Did you find him any medicine-chest to take with him? - I found him a bottle of six or seven pounds worth of antiscorbutic drops, and a few instruments, and a bed and bedding, and shirts and trowsers, and such things, of the best sort.

Do you mean to swear that you knew he had entered by the name of Burne? - I did not know it till he wrote to me, by the name of Burne, for money.

Do you know any relations of Watson's? - He has a mother: she has lived very well in her time.

Had you any dealings with her? - No, Sir; none of any sort: she made me shirts.

How lately? - Never but once.

How many years was that ago? - I believe it is four or five years ago; and sometimes she has mended a trifle; very trifling.

How lately is it she has done any thing to your linen? - She has not earned half-a-crown for these three or four years: I have not given her any thing to do.

She never was a washer woman? - Never: she never took in washing that I know of: I do not know much of her: she might take in washing and I not know it.

If she had washed for you, you would have known it? - Yes, and have told you too: she has washed me a shirt when she has mended it, within these six or eight months; but Watson's wife has washed me two within this week, and mended them; the old woman should have done it, but she was ill; they have not earned five shillings of my money in the whole course of my life, excepting making.

Who is your regular washer woman? - If I can think of the woman's name, I am not here alive; God bless the woman! now you will think that very odd; and I cannot think of her name.

Where does she live? - I cannot tell you that neither; not the name of the street.

What part of the town? - Why, in Goswell-street; just down a court.

Just in your own neighbourhood? - Yes.

During the last four or five years you have not very much visited the Watsons, have you? - I have not been there, I suppose, three times in a twelvemonth, nor three times in three years.

You are sure of that? - I am sure.

That in the course of the last twelve months you have not been there three times? - Yes; I have been there more than that; six times within the last six months: I had three watches.

The business you went upon was your watch? - Yes; no other occasion: he has not earned of me above half-a-crown, or three or four shillings for years past: only cleaning one, and just doing another.

You had no other business there but about your watch? - No other business of any kind: I am no gossiper or visitor.

Mr. Lawes. You was present, I believe, at the first and present examinations? - I was.

Did Mrs. Samuel or not say she knew your son? - At the first she said, she did not know him, and the next time, I believe, she did say, she knew him; for she was asked the question by Mr. Skinner.

"Do you know that young man?"

"No."

"Did not you know the Little Doctor?"

"No."

"What! not know Jobbins!

"look at him again."

"No."

"You

"never saw him in your life?"

"No."

You swear positively that she swore so at the first examination? - She did.

Upon your oath did you ever offer them any money on any occasion? - I never offered them a shilling in my life.

And what you have said about a hundred pounds, was as you have stated it? - Because I would not for a hundred pounds, or ten thousand pounds, that he should have been guilty of such a thing as that.

SAMUEL TOWSE sworn.

I live No. 2, Lombard-street: a buckle-maker. I have known young Jobbins four years and upwards.

During that time what has been his character for honesty? - All that I knew in the different times he has been at our house, was always good, and like a gentleman.

Was his character that of an honest lad? - I believe so.

Was you present at the examination before the magistrate? - I was at the first and second time.

At the first examination did you hear Mrs. Joseph examined.

Mr. Garrow. I must take your lordship's opinion, whether examinations taken before a magistrate can be got at this way, which are taken in writing?

Court. It is clearly settled, that what

passes before a magistrate is evidence, unless it is formally taken down, and made an examination, then if you object to the parol evidence, ask the question, whether it was taken in writing.

Mr. Garrow to Mr. Alderman Skinner. Is this the examination taken before you? (Shewing him an examination - If it is signed by me it is; I signed them as they were taken.

Mr. Knowlys. Do you mean to be accurate in your memory, to say, that was all that passed. How many examinations were there of Mrs. Samuel? - Four.

Was there any written examination signed by you, of what passed at the first time? - Not any; but what has been since I have.

Did you sign any examination on the first time she was brought before you? - No, I did not: my lord, it will be necessary to state, that every examination that was on oath was reduced into writing, and signed by me.

Court. What she said I think may be received.

Mr. Knowlys to Mr. Towse. When Alderman Skinner asked her whether she knew that young man, she said, she did not; he asked her again, and a third time, with this addition to her, refresh your memory, do not you know the Little Doctor? she said, I do not; then Alderman Skinner said, then you mean to say, that you do not know him in any thing? and she said, she did not.

Mr. Garrow. How long did you know this lad? - About three or four years.

Did you know him in the life time of Mr. Cowley? - I do not know Mr. Cowley.

The man that he was apprentice to? - I had a very slight knowledge of him; only from hearsay.

Did this young man continue with him till his death? - I cannot tell that; I did not know Mr. Cowley.

In what way has the young man been employed these last four years? - I cannot tell that.

How did he support himself? - I cannot tell that: he has frequently been at our house; him and his father; to see my father; to spend the evenings, and some parts of the day: he was an acquaintance of my brothers.

And yet you did not know how he supported himself, or whether he had any employment or not? - Of my own knowledge I did not.

Did you go to Mr. Farmer? - I did not.

Did you go with Jobbins any where? - To a many places: I never saw Mrs. Samuel in his presence: my father is beadle to the joiners company; my brother is nineteen, an apprentice to Mr. Davenport, nearly opposite Whitechapel church; the prisoner never came in company with any body but his father and my sister; I am pretty sure.

You do not know Flindall? - I never saw him before; I only know him by seeing him at the examinations.

THOMAS BROWNE sworn.

I know the father of the prisoner Jobbins; he has had a part of my house five years.

What is the character of the young man? - I never heard any thing amiss of him; I only saw him go backwards and forwards to his father; I have not seen him twice for these twelve months; I never heard his character impeached; I am about my business; and the father and they come in in the evening.

Mr. Garrow. Have you any reason in the world to believe that he has been at his father's house for the last six months? - I cannot say either one way or the other, for we have no communication: I have not seen him to my knowledge.

Do you recollect the night of the fire in Aldersgate-street? - I recollect the fire exceedingly well; I was at it: I was considerably alarmed.

Did you see this young man the next morning? - No, Sir; I did not.

Did you ever hear of any library that he had there? - No, Sir.

Or of any patients that he had there? - No, Sir.

Or of any medicines that he compounded there? - No, Sir; Mr. Jobbins has a private door beyond mine.

JOHN ADLEY sworn.

I am a linen draper in St. James's-buildings. I have known young Jobbins about four years; I never heard any thing against him till this time: he always bore a good character.

EDWARD MORIAH sworn.

I have known Jobbins seven years, to the best of my knowledge: I never heard any thing amiss of his character.

REBECCA ADLEY sworn.

I have known him three or four years: I never heard any thing amiss before.

Did he bear a good character? - For any thing I knew: he visited at my father's.

FOR THE PRISONER LOWE.

EDWARD LOWE sworn.

I am the father of the young man at the bar: I am a turner, No. 8, Bridgewater-gardens: I employed my son, and paid him wages, and did so the whole of the week this fire happened; I paid him that Saturday twenty shillings between nine and ten; I returned home at that time: he does not live with me: he has a wife to support: I know he was at work at eight that Saturday night; because my work was not finished when I went out, which was about eight, and when I returned it was; when I went out, I said to him, Ned, get on with this job for next week; but I did not examine it on my return: he sometimes might earn twenty shillings, twenty-five shillings, thirty shillings, or fifteen shillings a week, just as he pleased.

Mr. Fielding. Do you know who lodged with him? - I understand, Flindall.

Mr. Fielding. I will not ask you any thing more: you may sit down, poor man.

WILLIAM CLUNN sworn.

I am an engraver and an enameller; I know the prisoner Lowe, and have known him five or six years; I never saw any thing but industry by him; I live opposite to his father, and have seen the prisoner at work early and late; I never heard his character impeached before this.

THOMAS PORTER sworn.

I live at St. Thomas's, in the Borough: a mathematical instrument maker; the prisoner Lowe was my man, and worked for me a twelve-month ago; I never heard any harm of him, while he was with me; I always reckoned him an honest hard working young man; I have not seen him above once or twice since.

MARY FIELD sworn.

I live in Cow-lane, Smithfield; I burnish gold and silver plate; I have known him fourteen years, a very honest lad; I never heard any thing to the contrary. I know Flindall's character has been a very general thief; I had an apartment at Flindall's father's twelve years ago, and I quitted the house on account of the bad character of his father and mother.

The Recorder summed up the evidence; when he had finished, Mr. Lowes informed the Court, that there was no description of the local situation of the house; no proof of the parish in which the house was situated: but the objection was over-ruled by the Court, it being sufficient that the house was within its jurisdiction; and besides, that it had been proved by several witnesses, that the house was situate in Aldersgate-street, and the Jury might find the parish of their own knowledge.

The Jury conferred a short time, and without going out of Court, returned their verdict,

EDWARD LOWE , (Aged 23.) WILLIAM JOBBINS , (Aged 19.)

GUILTY . Death .

Tried by the London Jury before Mr. RECORDER.

N. B. When sentence of Death was passed on the capital convicts, Mr. Recorder thus addressed these two prisoners:

"As to you, Jobbins and Lowe, the two prisoners who have been convicted of arson, I hardly know how to address myself to you; I hardly know how to find words to express the abhorrence that I entertain, or that the publick entertain, of the crime of which you stand convicted. The felting fire to houses, in the dead of the night, for the purpose of plunder, at the risk of the lives of the inhabitants of a great city, is a crime not yet to be met with in the records of villainy that have been brought forward in this Court; and as the crime is singular, so the punishment must be marked, and I trust and hope it will be so marked as to make the example such, that if there should be left any persons of the same bad intentions, they will take warning from your fate; and as your crime has been singularly novel, I hope it will be the only one that will ever appear in a Court of Justice of the same description. You therefore must prepare to die, and consider yourselves as men without hope in this world; and give me leave to assure you, as my decided opinion, that for an offence so heinous as yours is, you never can expect salvation in the world to come, unless you make some reparation to your injured country and the God you have offended, by sincerely confessing all the offences of which you have been guilty, and by making the most open and declared exposition of the names of all persons, who either have engaged, or are about to engage, in crimes so detestable, as those of which you stand convicted."

Reference Number: t17901027-18

706. EDWARD ROBERTS was indicted for burglariously and feloniously breaking and entering the dwelling-house of William Carter , about the hour of two in the night, on the 18th day of September last, and burglariously stealing therein fifteen pair of leather shoes, value 30 s. his property .

N. B. John Burgess and Ann Byron had been admitted evidences by the committing magistrate; but the prosecutor presented a bill before the grand jury against John Burgess as a principal, and also against Ann Byron, as a receiver, which bill was found, and they were accordingly put to the bar to take their trials.

706. JOHN BURGESS was indicted together with EDWARD ROBERTS for the same burglary;

And ANN BYRON was indicted for feloniously receiving eleven pair of leather shoes, value 22 s. parcel of the said goods, knowing them to have been stolen .

WILLIAM CARTER sworn.

I lost fifteen pair of leather shoes, the 15th of September: I am a shoe-maker in Shoreditch : I lost them from my shop: they were there when I went to bed at one o'clock at night, in the front of the windows; I missed them at six the next morning; I found them at Mr. and Mrs. Byron's house, concealed under their bed, on the Monday following, two days after: Byron, the man, did not work with me; I know nothing of the taking them by the two prisoners, Roberts and Burgess: Mrs. Byron and her husband lived together; I saw Mr. Byron here to day.

WILLIAM BENSILLON sworn.

I work for the prosecutor, and these are some of my work.

JAMES JENNINGS sworn.

I work for the prosecutor also: I know the shoes.

SAMUEL HARPUR sworn.

I am the officer that had the search warrant. I produce the shoes; I found them in the woman's room; she shewed me the shoes directly.

Court. There is no evidence.

ALL THREE NOT GUILTY .

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

Reference Number: t17901027-19

707. WILLIAM EDBOROUGH was indicted for feloniously stealing, on the 19th day of July last, one watch, the inside and outside case made of base metal, value 20 s. one steel watch chain, value 2 s. a cornelian seal, set in gold, value 5 s. a base-metal key, value 1 d. four plain gold rings, value 8 s. two pair of silver knee buckles, value 4 s. one silver pencil case, value 12 d. one extinguisher, value 2 d. two pair of gilt earrings, value 2 s. three pair of stone buttons, set in silver, value 18 s. one pair of studs, value 12 d. one pair of silver shoe-clasps, value 12 d. a gold pin, value 5 s. three thimbles, value 18 d. half an ounce of mixed gold and silver, value 10 s. three ounces of old silver, value 15 s. a cornelian stone seal, value 12 d. one fourpenny weight of old gold, value 5 s. one reading glass, set in silver, value 10 s. one double-bladed knife, value 12 d. one pair of cotton stockings, value 12 d. the property of Benjamin Laver , in his dwelling-house .

THOMAS LAVER sworn.

I am son to Benjamin Laver ; he is a silversmith and jeweller , in Bruton-street . The prisoner lived porter with us about seven weeks before we suspected him; I searched his lodgings, and found in his own desk, of which he gave me the key, all the things, except the watch, and two or three other things, which were taken from him at Bow-street; I shewed him the things; he was in a coach at the door of his lodgings; he said they belonged to my father; I said nothing to him; the things were in drawers, and different places in the shop.

Prisoner. I had many things of much more value in my possession? - We never trusted him to any great degree; I am confident he was never sent out with these things.

WILLIAM COOKE sworn.

I am a runner, at Bow-street. Mr. Thomas Laver brought in the prisoner between four and five; I searched him, and found this watch in his fob, the chain tucked close in.

RICHARD LAMBERT sworn.

I am servant to William Cooke ; I saw the watch taken; I staid with the prisoner, and searched him, and found these two or three articles; one is the extinguisher and pencil-case, and a plain gold ring; he said nothing about them.

(The watch deposed to by the name Chater being upon it, and the date instead of a number.)

It is a metal watch.

(The extinguisher deposed to.)

Here is a quantity of old gold which I saw my father buy; amongst the old gold is a pair of bracelets which belonged to the Duchess of Gloucester, which I bought myself, and can swear to, value 5 s. they were in the shew-glass; here is a gold pin with my mark on it, value half a guinea; here is the old silver pair of old buckles, three ounces, value fifteen shillings, and some reading glasses, value two or three shillings.

PRISONER's DEFENCE.

Those things that I surrendered up to my master, I had out of the shop; I had a number of jobs; I had them given to me to carry out to different people in the daytime; they were only at my lodgings till the next day, till I had an opportunity to carry them out.

Court to Laver. Were those things ever left with him to carry out? - They were not things fit to carry out.

GUILTY, 39 s .

Transported for seven years .

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

Reference Number: t17901027-20

708. ELIZABETH HOLMES was indicted for feloniously stealing, on the 11th of October , ten yards of worked muslin,

value 5 l. the goods of Meeson Schooley , in his dwelling house .

HENRY COCK sworn.

I live with Mr. Schooley, in Coventry-street . On the 11th of October, about a quarter past three in the afternoon, the prisoner came into the shop; I had seen her several times before; she said she wanted to look at some printed cotton for a gown; we suspected her; I fixed myself in such a situation in the shop, as to observe the whole of her transactions; she had a gown cut off, and paid for it; then she said she wanted a muslin handkerchief; and while the young man's back was turned to look for the handkerchiefs, the prisoner threw down the piece of muslin in the indictment, on the floor, from the counter, ten yards of worked muslin; and she brought it under her petticoat with one of her feet; she was sitting down; then she put her hand through her pocket-hole, as though feeling for her money; and with that hand she drew it under her petticoats; she then said the muslin handkerchief was of no consequence, she would pay for the gown; which she paid fifteen shillings for, and went out of the shop; the muslin cost Mr. Schooley eight pounds ten shillings, as near as I can judge; I was on the stairs that lead into the warehouse, at the back of the shop; her face was towards me; she could not see me; I was almost at the top of the stairs, and looked over a corner of the bannisters; she went out of the shop; I followed her, and brought her back; and she attempted to go to the place where she had stolen it from, which I prevented, and made her sit down in a part of the shop that was perfectly clear; I sent for a constable; she was much agitated, fainted away, and said it was her first offence; she got up five or six times; I set her down as often; at last she got up again, and making a stride or two, she dropped the muslin from under her petticoats, at the distance of about a yard; and I took up the muslin immediately, and it felt very warm; this is the muslin; I know it to be the prosecutor's, by the mark which I put on.

Mr. Garrow. I will only ask you, after the last observation that you made with a smile, whether you know that this case affects the life of the prisoner? - That is not material; I have told nothing but the truth.

You mean to state to the jury that it is immaterial. I ask you, at the time that you made not a very decent nor a very pertinent observation, you knew that this case affects the life of the prisoner? - I do not know; I am not sure that I do.

Do not you know that this is an indictment calculated to affect her life? - It may be.

Do not you know that it is? - I do not understand that it is so.

Do you expect a jury more likely to credit you, when you declare that it is immaterial to you, whether the woman is to be executed in consequence of your evidence, or not? - I understood it was transportation.

You understood so? - Yes.

JOHN HOWARD BAILLIE sworn.

I live with Mr. Schooley: I saw the woman taken into the shop, and saw the muslin immediately as it had fell; I did not see it drop from her.

GUILTY, 39 s.

Imprisoned twelve months , and fined 1 s .

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

Reference Number: t17901027-21

709. THOMAS HARRIS and HANNAH LEESON were indicted for feloniously stealing, on the 15th day of October , thirteen yards of muslin, value 3 l. 18 s. the property of Thomas Patie , Joseph Birchall and Joseph Holmes , in the dwelling house of the said Thomas Patie .

THOMAS PATIE sworn.

I am a linen draper , in Union-street, Old Artillery Ground , in partnership with Richard Birchall and Joseph Toomes. On the 15th of October, I saw these two prisoners were in the shop with other customers; the shop is part of the dwelling house. I told our young man to be cautious.

EDWARD BYERS sworn.

I am the shopman to the prosecutors. I saw the prisoners in our shop, the 15th of October; the prisoner Leeson came in first, and asked to see some muslins; while I was shewing them, Harris entered; I asked him his business? he said, nothing, only with that lady; I shewed him some muslins; they were not fine enough; she bought half a yard of callico for six-pence, and some brown Holland, half a yard for six-pence; I then shewed her another piece of muslin; she bought half a yard for four and six-pence, and paid for all those articles; I was folding up the muslin separate; and I saw her take a piece from the counter; she went out with it; I got over the counter, and pursued both the prisoners; they went out together; I desired them to stop; she consented; Harris refused; I brought them in, and called assistance, and sent for a constable; on turning about, I saw the muslin lay at her feet, which I took up.

FRANCIS JARVIS sworn.

I was headborough belonging to the Old Artillery Ground: I was sent for to take charge of the prisoners; I searched the prisoners; and Mr. Patie's servant gave me the muslin.

(Deposed to.)

Prisoner Leeson. I have nothing to say.

Prisoner Harris. I have nothing to say.

THOMAS HARRIS , NOT GUILTY .

HANNAH LEESON , GUILTY, 39 s .

Transported for seven years .

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

Reference Number: t17901027-22

710. BRIDGET ( wife of John) BRIGHT , was indicted for feloniously stealing, on the 15th of October , one agate box, set in gold, value 5 s. one small silver box, with a Queen Ann's shilling set in the lid, value 2 s. one plain gold ring, value 2 s. one topaz ring, value 5 s. two shirts, value 2 s. three pair of silk stockings, value 3 s. and one five guinea piece, value 5 l. 5 s. the property of Richard Yates , Esq . in his dwelling house .

(The witnesses examined separate.)

RICHARD YATES , Esq. sworn.

The prisoner was my servant , hired in my absence, and served me some time after I came town, as a servant; she was not the servant I originally left, when I left town; she was put in by other people, and continued till about a fortnight ago; the first of my missing my property, I believe was last Monday was se'nnight; I went to look for some paper to settle an account and I missed the things in the indictment.

THOMAS DENHAM sworn.

I am a constable. I searched the prisoner in Sir Sampson's office, and found under her left arm, in the sleeve of her gown, a silver box with a few pieces of silver; I did not observe what they were; I took no observation of the box; I put it on the table at Sir Sampson's; I also found three pair of silk stockings on her, one pair under the gown of her right arm, and two pair under her stays; I put the stockings with the box.

JOHN BROWNE sworn.

I went with them to Bow-street. She had been servant to Mr. Yates, but was then discharged; I helped to search her; I found in the cuff of her right sleeve, an agate box, set in gold, and a diamond ring inside it, a topaz ring, with diamonds, set in gold, and a five guinea piece, in the skirt of her gown, pinned up; I found nothing else; I am certain to the prisoner; all the things were sealed up in a paper, and given to Mr. Yates.

THOMAS BROWN sworn.

I am a pawnbroker; I have known the prisoner a year and a half: I have seen her more than once; on the 18th of October, she pawned with me two shirts, a spoon, and a plain gold ring; I gave her duplicates; I lent her half a guinea on the whole: they are here; I have had the things ever since; the ring is of very little value, would not fetch more than 4 s. the shirts are old left-off shirts; one is not worth above a shilling; the magistrate paid me the half-guinea out of the money they found in her pocket.

Prosecutor. This agate box is mine, it is set in gold; this small silver box is mine, with a Queen Anne's shilling in the head; this plain gold ring I cannot swear to, but I missed one; this topaz ring is mine, I have no doubt of it, it wants a spark: the two linen shirts are marked R. Y. the three pair of silk stockings I cannot speak to; the five guinea piece is of Charles the IId. I have had it above forty years.

(The things shewn to the Jury.)

Prisoner. How did I behave? - Why, as most servants do: some times very good-natured and well: and some times otherwise.

Prisoner. I have nothing to say.

The prisoner called one witness to her character.

GUILTY. 39 s .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17901027-23

711. MARY WALKER was indicted for feloniously stealing, on the 24th of September last, one watch, with the inside case and outside case both made of silver, value 40 s. the property of John Hutton , privily from his person ; and ELIZABETH COX was indicted for feloniously receiving the same, knowing it to have been stolen .

JOHN HUTTON sworn.

I am a chimney-sweeper ; a married man; I was drinking a pint of porter, in a public-house; to the best of my knowledge it was the Blue Anchor, in Rosemary-lane; I was not drunk; the prisoner asked me to give her some liquor; it was between nine and ten in the evening; I had been into Bishopsgate-street on business; the prisoner asked me to go up into her apartments; I went up with her about five minutes; she lived close by; as soon as we went in, it was in the dark, she shut the door, and opened it again, and made the best of her way down stairs, and I missed my watch; I went after her, and met an officer; he pursued her with me; his name is John Cooke ; I gave her sixpence; the watch was in my fob; it could not have dropped out, though my breeches were unbuttoned, and we were on the bed: the fob was so deep it was impossible: my breeches were leather; the prisoner was taken directly by Mr. Cook, but I lost sight of her; I am sure she is the same woman; the officer searched her in my presence; no watch was found, but the next day I went out, and there was an illumination given out about the watch, and Mr. Howard brought the watch to the public-house the next day; I know nothing of Elizabeth Cox ; I told the man that brought the watch that there was J. H. on the outside case, and J. H. on the inside case, a silver watch, maker's name, James Brock .

Prisoner. Was not the prosecutor in company with a young woman of the name of Bella Hayes ? - Yes; but it was some time time before I lost my property with the prisoner; I had my watch when I went into the room with this girl; I saw it five minutes before, in the public-house; I never gave my watch to any body.

Did you go with any other woman? - No; I went with Bella Hayes , but that was an hour before; then I came back, and went with the prisoner.

JOHN COOKE sworn.

I am the headborough of St. George's parish; I was coming along Cable-street,

near the Blue Anchor, and the prosecutor said he was robbed by a woman, who had just ran away; I brought a woman to him, he said it was not her; I went with him to the room, but no watch was there; I knew the prisoner, and apprehended her; the prosecutor said she was the woman; I searched her, and found nothing.

- HOWARD sworn.

I am a salesman, near Mr. Staples's, and about half after eleven the prisoner Cox asked me to buy a watch; I know nothing of Walker or this robbery; I looked for a watchman, and she went over to the publick-house with me; I took her, and I have kept the watch ever since.

(The watch shewn to the Jury.)

PRISONER WALKER's DEFENCE.

Mr. Cooke said to the prosecutor, this is the girl that has robbed you; and he said, yes; he secured me; then Bella Hayes came into the bar, and swore she had robbed him of his watch, and that he had been with another woman; then he said he was a good mind to take her up too.

Prosecutor. That is false.

PRISONER COX's DEFENCE.

I found the watch in the necessary.

BOTH NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17901027-24

712. THOMAS NICHOLS was indicted for stealing, on the 20th of October , two black silk cloaks, value 20 s. the property of David Baldy .

DAVID BALDY sworn.

I live at No. 29, New Bridge-street ; I am in the coal trade ; I lost two black silk cloaks; the outward door is generally open, and the stair-case door; as I was coming home I saw a strange gentleman, whose name is George Lee ; he had hold of the prisoner, and two silk cloaks; it was Wednesday, the 20th of October, about eleven in the forenoon.

GEORGE LEE sworn.

On this day I saw the prisoner and another standing at Mr. Baldy's door; I suspected them; I saw the prisoner go into Mr. Baldy's house; I went on the opposite side of the way, and I saw the prisoner come out; he had two cloaks under his arm; I am positive to the prisoner; I never quitted him; says I, you stole them; no, says he, I found them in the passage; I took him into custody; I let the other go. Mrs. Baldy took the cloaks from him, and sent for a constable.

SUSANNAH BALDY sworn.

I am wife of the prosecutor; these two cloaks hung up in the front parlour; I was called down stairs, and I saw then in Mr. Lee's hands; I gave them to the constable.

THOMAS HOLT sworn.

I produce the cloaks; I am a constable, Mr. Baldy gave me these cloaks at Bridewell Hospital Gate, the 20th of October, between eleven and twelve.

Baldy. I gave them to this constable; I received them from Lee.

(Deposed to by Mrs. Baldy.) One of them caught fire a day or two before, and I had mended it with a bit of silk; the other is an old thick market cloak.

Prisoner. I do not know what to say; here is nobody come.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17901027-25

713. ROBERT RANSOM was indicted for stealing, on the 2d of October last, a feather bed, value 20 s. a bolster,

value 2 s. 6 d. two sheets, value 6 s. a pair of linen bed curtains, value 5 s. the property of Samuel Lewis , in a lodging room .

SAMUEL LEWIS sworn.

I am a house-keeper, No. 43, Aldersgate-street ; the prisoner took a ready furnished lodging of me, near two years ago; lately I found he had sold my bed to a man whom I have a warrant against; he left me, as near as I can recollect, the 16th of October; when he was gone the things were gone; I saw him on the Saturday, but on the Tuesday I found the things were all gone; I lost the things in the indictment; I never saw my bed since it was missing; the prisoner first told me he had pawned the bed at Mr. Berry's, who was burnt out by the fire in Aldersgate-street, and that the bed was burnt; I made him no promises; I believe the very day that he was committed he told me had actually sold it; I questioned him as thus, you have not sold it, have you? yes, says he, I have actually sold it.

Prisoner. The prosecutor promised me, if in case I made up the money the things would come to, he would not hurt a hair of my head; I told him my cousin, in Basinghall-street, would settle it; he went, and was in liquor, though my cousin appointed him at four o'clock.

To Prosecutor. Did you ever go to his cousin? - I went to his cousin, but it was at the request of him; the cousin sent for me; he first of all pretended he would settle every thing, and when I went to him he would do nothing; I never went to him till he sent to me; I never made any promise not to prosecute.

SARAH LEWIS sworn.

I am the wife of the last witness; the prisoner's wife told me in his presence, that he had sold the bed, and the tick was washed not to be known, and the prisoner said he had really sold it for 10 s. to a man in Golden-lane; he said he had emptied the bed, and washed out the mark on the tick, and sold the feathers for four-pence halfpenny a pound; he told me he sold it for ten shillings, and carried it himself.

THOMAS WYATT sworn.

I apprehended the prisoner; he confessed before me that he sold the bed and bolster for ten shillings.

Prisoner. I was out of work for some time, and I had a family, and necessity drove me to what I have done; I intended to have replaced every thing, and kept the key with that view; I do not owe the prosecutor above eight shillings and six-pence or nine shillings.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17901027-26

714. JOSEPH PROSSER was indicted for stealing, on the 18th of October , one leather pocket-book, value 2 s. the property of Alexander Brander .

ALEXANDER BRANDER sworn.

I lost my pocket-book in Throgmorton-street ; I am clerk to an orange merchant , in Thames-street, Mr. Alexander Brander , I am his nephew; I had some business in Lombard-street; I came up that street, and in Lawrence-lane, as I came down Cateaton-street into Lothbury, and had just got into Broad-street, a constable called after me; his name is Johnson; I returned, and saw the pocket-book taken out of the pocket of one Swinburne; Swinburne was carried before the Lord Mayor, and Prosser was taken afterwards in the street; it was my pocket-book; it was in my right coat-pocket; I did not perceive it taken; I never saw the prisoner till I saw him at Guildhall.

GABRIEL JOHNSON sworn.

I saw the prisoner pick Mr. Brander's pocket, the 18th of October, on Monday,

between twelve and one, in Throgmorton-street; I saw the prisoner, and two more, following Mr. Brander; I followed after, and just at the end of Throgmorton-street, before he came to Broad-street, I saw Prosser put his hand into Mr. Brander's right-hand pocket, and pull out his pocket-book; he gave it into the hands of one Swinburne; I took him in possession afterwards with the pocket-book; Prosser made off; I called to the prosecutor, and shewed him the book; he claimed it as his property; it was not above half an hour, for they followed Mr. Brander down Lombard-street, and stopped at a banking-house door, while he went in and came out again; they following him along Lothbury and Throgmorton-street; I several times observed his face; he had a round hat on: I have not the least doubt but he is the man.

CHARLES SHIPLEY sworn.

I apprehended the prisoner, with Johnson, at a publick-house, near Hyde-Park, the day of the review, which was last Wednesday: Johnson knew him immediately: he was put into a coach, and we were directly surrounded by a mob, with mud: they opened the coach door, and one swore damn his eyes if he should go; and he said to them, gentlemen, be quiet.

Johnson. I had a pair of hand-cuffs on him at that time.

PRISONER's DEFENCE.

Johnson took Swinburne with the book upon him: the Lord-Mayor thought fit to dismiss him to go to sea: he ran away, and then this man laid hold of me: I went on, and said, what do you want? he immediately said, you rascal, hold your tongue. I am entirely innocent.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17901027-27

715. WILLIAM PRECIOUS was indicted for stealing, on the 16th of October , one loin of mutton, value 1 s. and one loin of lamb, value 6 d. and a linen cloth, value 2 d. the property of Simon Hawkins .

LEAH HAWKINS sworn.

I am the wife of Simon Hawkins : he is a butcher : I lost the things in the indictment from the shop in the market: the last time I saw them was on Friday night: they were hung on hooks in the shop: the cloth was on a table: I did not see him take them: I saw them in Waghorn's shop on the Saturday morning.

THOMAS WAGHORN sworn.

On the 16th of this month I attended the slaughter-house to kill some sheep: having more room than I want, I accommodate my neighbours with the same: I observed a long basket: on examining it I found the things mentioned in the indictment: they were covered over with hay: I took them to my shop to enquire for the owner: Mrs. Hawkins came to my shop, and claimed it as her property: the cloth is here: the lord mayor ordered the meat to be disposed of: I went down to the slaughter-house: I there saw the prisoner: he asked me if I had found any meat: I said, I had: he said it was his: I told him it was at my shop; he then ran to my shop, and came back, and begged, for God's sake, I would interfere for him with his master, it being his first offence: his master is Simon Hawkins : I went to his master, who was much angered, and charged a constable with him.

Mrs. Hawkins. It was on a Saturday morning: I went to Mr. Waghorn's shop, and saw the meat: I could positively swear to the meat, having taken it in and out for some days: (The cloth produced.) I know the cloth by an eyelet hole: I always make it in my cloths when new: I always cut a piece out at the corner for that purpose.

Prisoner. I am innocent.

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

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17901027-28

716. EDWARD LOWE and WILLIAM JOBBINS were indicted for feloniously stealing, on the 6th day of April last, several articles of linen, value 3 l. the property of William Tolley .

ELEANOR TOLLEY sworn.

I am wife of William Tolley ; I live in Vineyard-Gardens, Cold-Bath-Fields ; on the 6th of April I missed the things in the indictment; they were hanging up to dry, about four; at eight I went to take them in; I had seen them there ten minutes before; the articles were some of them gone; the things were hung upon lines, which were taken away also; the garden was inclosed with pales; my house is a timber house.

JAMES FLINDALL sworn.

I was convicted in May sessions of felony; I have since obtained his Majesty's pardon.

(The pardon acknowledged, having been read before.

You have been for some time acquainted with the two prisoners? - Yes.

You have been engaged with them in acts of several robberies and felonies? - Yes.

Among the rest, did you, in company with them, or either of them, steal any linen? - Yes; I took them from a laundery, nearly opposite the Vineyard publick-house, Vineyard-Garden, Cold-bath-fields.

Was it dry or wet? - Wet.

Where was it, when you took it? - Hanging on some lines in the garden, which was fenced with high wooden pales, boarded round, nine or ten feet high; Edward Lowe got over the top of the pales, by my assistance, and opened the door of the garden; he let me in, and me and Lowe cut the lines down; and Jobbins, and Lowe and me carried parcels to a saw-pit, till we had almost cleared the garden; the things was tied up in a sheet, which was part of the property; we relieved each other, and carried them to the corner of Leather-lane; we then left them in the care of Jobbins, while Lowe went to Holborn, and fetched a coach; the things in the street were put into the coach; the two prisoners got into the coach, and I rode on the box; the coach was ordered to be drove to the end of Houndsditch, opposite Bishopsgate-church; then I got off the box, and went to Mrs. Samuel's, in Still-alley, and told her we had some things in a coach at the end of Houndsditch; she came along with me to the coach, and desired me to follow her with the coach; I got up again, and the coach went to the end of Bishopsgate-street, to a court; and the linen was taken out, and carried by me into a Jewess's house; Jobbins went with me; Lowe stood at the door: we got there a little after ten o'clock; the property was untied, and looked over by Mrs. Samuel, and the Jew who belongs to the house; and at length she bought them; she gave fifteen shillings that night, and two shillings the next day.

Mr. Knowlys, Prisoner's Counsel. You are the same man that was examined on Saturday? - Yes.

You then told us, I believe, that besides having burnt and attempted to burn houses, you have for two years been a thief? - Yes.

How long have you known Samuel and his wife? - Since last April.

Were they the persons to whom you generally conveyed your plunder, to dispose of? - Yes.

Have you any doubt that they knew perfectly well how these goods were come at? - I cannot say what they thought; I suppose they must think so.

To whose house did you convey those things? - They were strangers to me.

Did you never hear their names? - Not to my recollection.

Court. Were there more than one person, besides Mrs. Samuel? - There was a Jew man and his wife, who was in bed.

When you took your plunder to Samuel's, who took it in, him or his wife? - Sometimes one, and sometimes the other.

ELIZABETH SAMUEL sworn.

I know the prisoners, and Flindall; I bought some wet linen of them one Friday evening; they were wet; it is a good while

ago; I do not recollect the time: one Friday evening, before I was going to bed, somebody knocked at my door; and I asked who was there? he answered, Flindall; I opened the door; Flindall came in, and said, I have something for you; and I went with him to Bishopsgate-street; there was a coach by Bishopsgate-church, and Flindall got on the coach-box, and drove to a court in Bishopsgate-street; I desired him to let the coach follow me there; the prisoners Lowe and Jobbins were then in the coach; Flindall got off the box, and brought the things into a house in the court, one of our folks's houses, called Moses; Jobbins and Lowe were there; Jobbins came in, and Lowe staid without; the articles were sheets and petticoats, towels, table-cloths, and several other articles of linen; they were wet; I bought them for fifteen shillings; and I believe I gave them two shillings the next morning; the things were dried and sold, except a few old towels and a bit of cloth, which I delivered up to John Hardy ; they never were out of my custody till then, excepting that a basket cloth had been pawned, wrapping up a coat of my husband's; Hardy went to the pawnbroker's, and redeemed it; I am very sure it is one of the things I bought of the prisoners.

You have occasionally bought several things not honestly come by? - Yes, for seven or eight months.

Mr. Lawes. I think you say, on Friday evening, when somebody knocked at your door, the answer was, Flindall? - Yes.

Now, from thence I collect, that you knew him very well before? - Yes.

How long had you known him before? - I cannot recollect; no great while before.

How often had you dealt with him before? - I have bought things of him before.

Have you not, upon your oath, bought goods frequently of him before? - I have, but not frequently.

Now, you are serious in that answer, are you? - If he had any thing, I bought it.

Whenever you did buy things of him, did not you know they were dishonestly come by? - Yes, Sir, I must know that they were not come honestly by.

What led you to this person of the name of Moses? - Because it was a light night; I was afraid of carrying them to my own place, and therefore I carried them to that place.

What is his real name? - His name is Moses; that is all I know of him.

Moses what? - I do not know.

How long have you known him? - About a twelvemonth; he lives in an alley, but I do not know the name of it; I know the way to it; it is an alley in Bishopsgate-street.

Is there any number on the houses? - I never looked for the number.

Had he lived there all the time you knew him? - I knew him by crying old clothes about the streets; and he is a dealer; that is the way I knew him.

Was he not the same sort of dealer that you and your husband were? - No.

JOHN HARVEY sworn.

Mr. Garrow. You are a constable? - Yes: these things I received from Mrs. Samuel, at her house.

That night you went to the pawnbroker's for one of the articles? - No, I did not: Lucy went there; this is the cloth I had from Lucy.

- TOLLEY sworn.

(Deposed to the basket cloth by a hole in the middle.) These two towels are all my property; they were stolen from my garden.

ANN CRAFT sworn.

I was servant to Mrs. Tolley at the time she lost her linen; these are my mistress's property.

Prisoner Lowe. I assure you I was not there. When that basket cloth was first examined before Alderman Skinner, there was no hole in the cloth, and but two towels; and Mrs. Tolley said they belonged to another gentlewoman; I never saw the things before I saw them at Alderman Skinner's.

Prisoner Jobbins. I wish to leave it to my counsel.

The prisoners counsel referred to the character before given by the witnesses for the prisoners, on the trial for arson.

EDWARD LOWE WILLIAM JOBBINS

GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17901027-29

717. EDWARD LOWE and TIMOTHY BARNARD were indicted for feloniously stealing, on the 16th of May last, two wooden drawers, value 5 s. the property of Francis Gilding ; a yard and a half of muslin, value 5 s. a silk gown, value 2 l. 2 s. a silk petticoat, value 8 s. three cotton gowns, value 2 l. 14 s. a petticoat, value 14 s. a gown, value 10 s. 6 d. a bed quilt, value 10 s. 6 d. another ditto, value 5 s. a petticoat, value 4 s. a yard and a half of brown holland, value 1 s. 6 d. a shawl, value 3 s. two yards of lace, value 5 s. four yards of cloth, value 4 s. a bed-gown, value 3 s. a handkerchief, value 1 s. a pair of stockings, value 1 s. a pair of pockets, value 1 s. a diaper towel, value 2 d. a linen ditto, value 3 d. two yards and a half of linen cloth, value 2 s. two yards and a half of ditto, value 2 s. 8 d. two yards and a half of ditto, value 2 s. 8 d. and three pieces of linen cloth, value 6 d. the property of Elizabeth Woodyere , in the dwelling house of the said Francis Gilding .

The indictment opened by Mr. Gascoigne, and the case by Mr. Fielding.

The prisoner Timothy Barnard 's counsel having challenged the London Jury, who tried Lowe and Jobbins, another jury was sworn as follows:

James Burrows

Thomas Meredith

Edward Robinson

William Wilson

John Butler

William Hardy .

John Lilly

William Beyer

George Kelsall

John Stokes

Thomas Cannon

Charles Howgrave .

JAMES FLINDALL sworn.

(The pardon admitted.)

I know the prisoners; I was tried and convicted of this offence.

On the night of the 16th of May, were Lowe and Barnard in your company at the fire in Aldersgate-street? - Not till four in the morning; then between four and five, I was in company with the two prisoners at the bar, Edward Lowe and Timothy Barnard ; Lowe fetched the two boxes on his head, from Aldersgate-street Buildings; they were brought from Mr. Gilding's house; Barnard desired Lowe and me to follow him to Pear-tree-court; we came to Sutton-street; Timothy Barnard then lifted them off Lowe's head, and put them on my head; we went to the walk that leads to New Prison; Lowe and Barnard were in company with me: near the gates of New Prison, I was stopped by Mr. Lucy, the officer; that is not much more than a hundred yards from Barnard's house; Lowe and Barnard were close to me; at that time there was a man with Lucy who was an overlooker of the watchmen; Lucy took hold of me, and asked me where I got those drawers? I told him I received them from the Red-lion-yard, Aldersgate-street; he then asked me if they were my own property? I said, no? he asked me where I was going to take them to? I told him to Pear-tree-court; then he asked me who gave them to me? then I told him the second time, that I received them from a gentleman in St. John's street; hearing me give a different account, he said he should take me into custody, which he did, and put me in the prison; Barnard walked away; Lowe remained there, and was speedily brought into the prison to me; I was afterwards tried for that offence, and convicted; I did not see Barnard that morning till between four and five; I went to his house in Pear-tree-court; he came out directly, and went to the fire, with another person, named Harman; Lowe first brought out these drawers; at that moment I cannot say where he was; just

as we came to the end of the buildings, I saw Lowe come with them; Barnard was in company with me: I had been in Mr. Gilding's house before, in and out once or twice.

Mr. Knowlys, Prisoner's Counsel. You say Lowe had got out of the house with the things, before Barnard had got to the house at all? - Yes.

Was Barnard nearer than sixty yards at the time Lowe was coming out of the house? - He was not.

When did you go into Mr. Gilding's house to commit this robbery? - It might be about three o'clock; I did not go in to steal those drawers: just as we got to the end of Aldersgate-street-buildings, Lowe was coming across the road.

Do I state right to the jury, when I tell them that you are a person who has burned some houses, planned the burning of others, who has been a thief for two years, by your own confession, and engaged the last six months in schemes of continual plunder? - I do not deny it.

JOHN CARTER sworn.

I saw Barnard at the fire in Aldersgate-gate-street; he was in Mr. Gilding's compting-house, and I was there, getting out the books; I gave them to Barnard to remove; I cannot say where he carried them; I did not go out; I was carrying a box; Barnard laid hold of it, and said, I belong to them, give me the box; I would not; I believe it might be between two and three, or three; I never saw that person before.

JOSEPH DOUGLASS sworn.

I am a joiner. I know Barnard since he has been in confinement; I saw him at the fire in Aldersgate-street; I entered the house, and broke open a desk, and took some books, and gave one to Barnard; I went after him about two doors; I told him he had a book, and he came back and delivered it; I cannot be positive to the time; but to the best of my knowledge, it was two o'clock.

Mr. Knowlys. Nobody troubled you about your conduct? - No; they had no reason.

Where do you live? - In Bridgewater-gardens, No. 15.

Did you work for yourself? - No; for Mr. Goodye always.

Were you at all intimate with a man of the name of George Dunstan ? - I do not know such a name.

Do you know a man of the name of Daniel Macaway ? - No.

Do you know a man of the name of John Barlow ? - No; but I have heard of his name.

What was your fellow apprentice's name that got into disgrace lately? - I heard he was transported.

LLOYD GARSIDE sworn.

Deposed to the same effect as on the trial for Arson.

JOHN LUCY sworn.

Deposed to the same effect as on the former trial, and could not swear to Barnard.

(Elizabeth Burden and Jane Gilding deposed to the property, as on the former trial.)

The court being of opinion that the felony was compleat before Barnard arrived, the jury were directed to acquit him.

EDWARD LOWE, GUILTY , Death .

TIMOTHY BARNARD , NOT GUILTY .

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

Reference Number: t17901027-30

718. JAMES ROYER , JAMES SMITH , and EDWARD IVORY were indicted for that they, not having the fear of God before their eyes, but being moved and seduced by the instigation of the Devil, on the 14th of September last, at the parish of St. Luke , one piece of base coin resembling the current coin of this kingdom, called a six-pence, falsely, deceitfully, feloniously,

and traiterously did colour, with materials producing the colour of silver .

A second Count, for the same offence, only calling it one round blank of base metal, fit to be coined into a six-pence.

(The indictment opened by Mr. Reeves; and the case by Mr. Fielding.)

The witnesses examined apart.

EDWARD RYLAND sworn.

I am by trade a cordwainer: sometimes I act as a constable when I see a thief. I know the prisoners. On Tuesday, the 14th of September, I received information which led to the house of the prisoners. The solicitor of the Mint sent us to Bow-street; and we went with Townsend, Jealous, and old Macmanus, and the young one; and I went to the house of the prisoner, James Royer , No. 10, City-gardens, New-road, Islington : I knocked at the door; Mrs. Royer opened it: the rest of the officers were close behind me: we went up two pair of stairs; the door of the front room was fastened; I could see through the crack of the door, all the people with their shirt sleeves tucked up, in the position of rubbing, as if they were polishing something; I cast my eye to the window board, where Mr. Royer was at work, and there lay a cloth on the window board, with something in it of metal, that appeared to be money; upon which Ivory, I suppose, hearing a noise by the officers coming up stairs, he stuck himself against the door, at the same time Mr. Royer took up this cloth with the money in it, rolled it up in his hand, and before he could well do that, the door was forced open by the rest of the officers; Royer rolled up the cloth in the course of a second after, and threw it out of the window, into a Mr. Fuller's grounds; the window was open: then he escaped out of the window himself, and ran along the gutter; it is a parapet: we took care of Ivory and Smith: I never saw Royer before: I know nothing of his being retaken; but I am positive to his person: the hands of Ivory and Smith were very black, and a pan of aqua-fortis stood on the board, by where Mr. Smith was at work: I did not search for the cloth that was thrown out.

Mr. Knowlys, one of the Prisoners Counsel. The street door was opened to you on your knocking? - It was.

You was the person who had the opportunity of looking through the chinks of the door? - Yes; I being first; with old Macmanus and another witness, looked through the crack of the door.

Ivory clapped his back against the door? - He did.

Is the door narrow or broad? - It is not very narrow or very broad; it is a common door.

Court. Who looked through the chink of the door besides Mr. Macmanus and you? - Mr. Allingham did.

Mr. Knowlys. What business are you now? - I am a cordwainer by trade.

Do you pursue that trade? - I do.

Who do you work with? - For myself.

When did you make shoes last? - For Mr. Bond, on Snow-hill.

How long ago? - About two months ago.

Then for the last two months you have not made shoes? - I have got to be a common thief-taker now.

I have not seen you much here? - I have been here, but have given no evidence: within this last two months trade has been very dead.

You mean the trade you stated to me? - Yes; that of being a common thief-taker.

How long is it since you have been a patrol? - Two years last Christmas.

What parish? - Of this parish; Saint Sepulchre's.

How long was you a patrol of St. Sepulchre's? - Between six and seven years.

How came you to leave the business of a patrol for this parish? - Because me and my fellow servant used to go to the Brewhouse together, the side of the Fleet-market, and drink strong beer instead of small.

Then I believe the people there were illnatured

enough to say that you have taken the strong beer wrongfully? - Yes.

I believe they said, you stole it? - To be sure: I was discharged from the office of patrol for that: there might have been other common reports for aught I know.

Have not you been charged with stealing the oil from the lamps? - Yes; but I deny that: I was dismissed for taking the beer from Mr. Watlington's brewhouse.

What did you do when you was turned away from being patrol? - Work at my business.

Did you work for any master? - I did not use to do any work at all then.

Have you never made any application on the subject of this business, that you could put an end to it? - Never in my life.

You have never said, that you could put an end to it, and could wind Allingham round your finger? - Never in my life.

PATRICK MACMANUS sworn.

I am an officer of Bow-street. On the 14th of September me, and Ryland, Jealous, Townsend, and Allingham went to Royer's house, in the City-gardens; I understood it was a back room: Ryland went up; and I stopped on the second step from the bottom some time; when I got up stairs Ryland and Allingham were stooping; I touched Ryland, and said, what are you doing? he said, I see them at work; I desired him to stand away; he moved his head away, and I looked over him, and I saw three people moving and stirring, doing something; but what I cannot say; they were the three prisoners; their backs were then to me: I kicked the door a little open, and the two prisoners, Ivory and Smith set their shoulders against it, to prevent its being opened; it was opened in less than a minute; and I went in, and pushed in Ryland and Allingham: the first thing I observed was a man getting out of the window; I saw him very plainly getting out.

Had you an opportunity of seeing him, so as to know him again? - No, Sir: Townsend came in, and I said, there is a man got out of the window; he got out, and said, I see him: I do not know more than what Townsend said: some of the glass was broke; and when the man was brought back again his hand was very much cut: he was brought back by Jealous and by Townsend, I believe, in less than five minutes; that was Royer, the landlord: here is the cloth he wiped his hand with when he came back (produces a cloth bloody); we secured the men that were left, and made them sit down; they were all stripped, and their shirt sleeves tucked up; their hands were nearly the colour of this glove, which they use some times (produces a green old glove): on the board, in the front of the window, was this six-pence, not finished.

Court. They are pieces of metal? - Yes. Upon that board lay a parcel of pieces of cork, more than three, and these three pair of pliers, and a great quantity of scowering paper, such as this; I said to Jealous, there is a strange smell of fire, and there is none; and there was a pail near half full, and the colour of the liquor was green; and there was the smell of a slow ugly fire; the pail was as near the end of the bench as it could be: I turned round to my left hand; there was a little stove, made of bricks, that could be made and pulled down directly; I put my hand on it; the bricks were so hot that I could not bear to keep my hand there; and there was a parcel of column, (what they dry malt with) which I understand these people use instead of charcoal: there were also several little barrels of sand, with several bags of this sort; something made out of rotten stone, very offensive smelling things; the sand was white sand, such as is used in casting; and several parcels of this sort of paper, and things, such as they black them with, to make them look like those in circulation; there is blacking in those pipkins now, and here are the dies, and here are two things that Mr. Clarke can describe to you better than I can; but he says, they are the things that they turn the money in the lathe with; these were in the pocket of Smith: these clothes were all out of the room, on the bannisters of the stairs; and when they

begged for their cloaths these were in the pocket of the cloaths that Smith owned.

When Royer returned did he claim any part of the cloathing as his? - Yes; and said it was his house repeatedly.

(Produces several things, which he said Clarke would describe.)

What became of the pickle in the pan? - Jealous brought away a pan full of it.

How long was it before Royer was brought back into the house? - A very little time.

How many of you were in the room during the time of making this search? - We were all in the room at times: there was another Macmanus besides me; he was in the room.

Mr. Garrow. Mr. Macmanus, among the things that you found, you did not find any lathe? - There was part of a lathe in the room.

Not a compleat one? - Not a compleat one.

I believe you have not produced any files? - I believe there are some; I am positive I saw one or two; but whether they were brought away or not I do not know.

Did you find any flasks? - No.

No moulds? - No.

Then the sand could have been of no use for casting, without the flasks or moulds? - No, Sir.

Did you find any crucible? - Not to my knowledge.

Did you find any jet? - I took this out of Royer's pocket, and he said it was physick; this I took out of Royer's pocket; there is good money in it.

Mr. Fielding. I admit that no casting could be carried on there.

Mr. Garrow. Then I shall not pursue this examination.

CHARLES JEALOUS sworn.

I am one of the officers in Bow-street: I was present with Macmanus and Ryland, on the 14th of September: I found in the room of the prisoners, in this pipkin, two hundred and fifty-five pieces of metal, in that state; they appear not to be finished; they resemble six-pences in their size and shape; and some of them in that bag in another state, one hundred and eighty-four; they are ready for dipping in the pickle; this is the pan the pickle was in; it is dried since by the air; it was aqua fortis and water; it was almost half full; but there were two basons on the board at the time I went in; when the aqua fortis is put in it purges the silver immediately: I shewed it to Mr. Clarke afterwards: I went up the stairs; but I did not look through the door: I was outside when Townsend called out, that a man had got out of the window: I fetched Royer out of the two pair of stairs, next door but one, without his coat, and without his hat; and when I was bringing him down I was met by Townsend: his hands were black: I then came up the two pair of stairs at No. 10, and there I saw the two prisoners, Smith and Ivory, without their hats and coats, and their hands very black; the window of the two pair of stairs was facing the garden; there is the path way between that and the garden.

JOHN TOWNSEND sworn.

I was with Macmanus and Jealous on this occasion. On the 14th of September I went to a house, No. 10, in the New-road: Macmanus and two of the other people went up first; I ran up afterwards on hearing a call; and the door was open; and Macmanus said, pursue that man, he has got out of the window; that is Royer; he got out of the window in my presence: I was obliged to run round a table; and I repeated an oath, I would knock him off; and saw him go into the window of No. 12; he run along the gutter: I looked over and saw Jealous in the street, and told him where he was: that is the same man that escaped from the window: after that I came into the room again, went down to No. 12, and came with Jealous, and brought him back; he was in his shirt sleeves, and he asked for his coat: I did not take any notice of the articles: I went round to the

garden, and received this cloth, with a quantity of silver, from him; I counted them; and there were five hundred and twenty six-pences, and four shillings, all in a finished state. It was about twelve, or thereabouts.

WILLIAM SMART sworn.

I am a gardener. I work with James Fuller , City-road. I know No. 10: it is directly facing our garden; there is just room for a carriage between: there is a very high pale to our garden: on the 14th of September I found a cloth with some six-pences in it; I cannot say how many; I gave them to this man (Townsend) immediately; I was about forty yards from the house, at work: I found this about three yards lower down than over against the window, not one yard from the garden pales: I picked it up about half past twelve.

Mr. Townsend. It is the same bundle I received from Smart.

(Produced.)

ANN REID sworn.

I live next door to the prisoner Royer, at No. 11. I remember this bustle the 14th of September: I saw a cloth come from the house, and it alighted in Mr. Fuller's garden; I cannot speak to its appearance: I understood it to be Royer's house: I have seen one of them.

Mr. Garrow. Do you know a man of the name of Morrison? - No: I saw a cart load of goods come to the house a short time before; there was a chair and tables; I did not take notice of the things: they stopped at my door in mistake.

JOHN ALLINGHAM sworn.

I am a carpenter and joiner. I received information that the prisoners were carrying on this illegal practice: I went to the house, and I went up stairs, and looked through the crevice of the door; the door was very wide on the box of the lock, and I could have shoved my hand edgeways; they were all three standing with their shirt sleeves up, found a board; we directly made a rush at the door, and Royer snatches up a cloth with some silver, and threw it into the garden opposite, and made his escape out of the window, that I saw; I directly ran down stairs after him, and Jealous with me; we fetched him out of the two pair of stairs, No. 12: we brought him back; I saw all of them round the board, rubbing; and when we forced the door, Royer took up the cloth with some silver in it.

Mr. Knowlys. How long have you been acquainted with Ryland? - Not long.

How long? - Not above three or four months.

Have you been out with him often? - No, Sir, never; this was the first time.

What business are you? - A carpenter and joiner.

Who do you work for? - For one Mr. Rice; he keeps an iron foundry, on Clerkenwell-Green; I have been at work there this morning, and about three weeks.

Who did you work for before? - One Mr. Butler, in Silver-street, near Wood-street; that was directly; as soon as I left him, I went to Mr. Rice's.

JOHN CLARKE sworn.

Mr. Fielding. I believe, for the space of twenty years, you have had much experience of this kind of offence? - Yes; I have been called upon different times to report the different progress.

First of all, you was at Bow-street, I believe, when Jealous produced this pan, with some thing in it? - I was there, when he produced a pan with some thing in it, but whether that is the pan, I do not know.

Jealous. That is the pan.

Clarke. It appeared from the look and the taste, to be aqua fortis and water.

Why is that necessary? - In the first instance, after the six-pences are prepared making ready to put into aqua fortis, it is put into aqua fortis; after that they throw it into water, and from the silver, and the strength of the aqua fortis, it makes it into a green pickle; then afterwards, by rubbing it with sand and water, the white is left on the surface, drawn by the aqua fortis; it is

impossible for me to tell what the metal is, but I suppose there is silver amongst it; if there is any silver the effect will be to expand the silver appearance over the surface.

Then aqua fortis and water is the necessary ingredient to produce that effect? - Aqua fortis itself; but it is reduced by water, and every bit of metal which is put into aqua fortis, it immediately turns it green; and so, by constant putting it into aqua fortis and water, it turns it green.

Then what was produced to you by Jealous, was what was necessary to produce this appearance? - It wanted the aqua fortis; it has been used, and put into this.

What is the use of that cork? - After they are cast, they are rubbed with a file, and then they are smoothed with scowering-paper from the casting; them pliers may be used for several things, but they are put into them pliers in order to rub; that glove they may use for twenty things; it is not immediately necessary; the backing is in order, after they are made bright from this colouring, they put it in, in order to deaden the bright white, that they may have a better colour.

Court. Have you looked at those pieces of metal which have been produced? - I have looked at some.

Are they the genuine current coin of the kingdom, or are they base metal? - They are base metal; these are ready for circulation, and they are base coin, no doubt of it.

From the view of these things, are they what is necessary to carry on that part of the process for colouring? - No doubt of it.

Mr. Garrow. If I understand you, the liquor that was produced to you by Jealous, was not aqua fortis? - It was not.

And you said, this appeared to be a pickle, produced by throwing some metal that had been put into aqua fortis into water? - Yes.

This pickle, of itself, is not strong enough to throw the whiteness to the surface? - I should not suppose it would; whoever coloured this must have had aqua fortis.

Therefore, the produce of this room, does not afford all that was necessary for the purpose of colouring? - Aqua fortis was necessary to be superadded, not a doubt of it: it would not do in that situation.

- FRANKLIN sworn.

I am one of the moniers of the mint; (Looks at the six-pences.) In my judgment, there were not coined at the Tower.

Are they like the current coin of the kingdom? - Exactly the same colour and shape.

Prisoner Royer. I leave it to my Counsel.

Prisoner Smith. I leave it to my Counsel.

Prisoner Ivory. I leave it to my Counsel.

The prisoner Royer called two witnesses, who gave him an exceeding good character.

ALEXANDER LEVY sworn.

I am a baker; I live in Grub-street; I know the witness Allingham, since he lodged in Hair-court, four or five months, and ought to know some thing about his character.

As far as his general character has come to your knowledge, do you take him to be a man to be believed on his oath? - No, Sir, I do not.

Is his general character a good one, or a bad one? - A bad one.

How does he support himself? - Nobody knows.

Mr. Fielding. Let me look at your hand, will you? - Here is my hand.

Court. How did you discover that he had been a bad character? - At first, when he came to the house.

And how long did you continue him in your house afterwards? - He is in the house now.

RICHARD WILLEY sworn.

I am a patrol belonging to St. Sepulchre's; I had a subpoenea.

Was you appointed in the room of Ryland? - No, Sir, I was fellow-servant with him some years.

What character has he bore; would you believe him, on his oath? - He was turned out from us for illegal practices, and I should not believe him on his oath; I believe he would sell his father for a shilling; he was turned out for stealing at Mr. Watlington's brewhouse, in Fleet-market, him, and one Dodd, and a watchman, for having a bottle, with lamp oil in it, in order to cheat the parish of the oil; the brewer, and Mr. Ashmore, who are respectable characters, will tell you the same; I do not know either of the prisoners.

SARAH BETTS sworn.

Did you ever see that man that stands near you, Mr. Ryland? - No, Sir, not till he came to Mrs. Royer's, since Royer was taken up; he came the 23d of September last; he asked her, whether she knew one Mr. Clarke, the solicitor? he said, he heard there was a hundred and fifty pounds offered for Mr. Royer's discharge; she said, if she was to sell all she had, they would not amount to that sum; he said, he was the only person that could do Royer any prejudice, and he could wind Allingham round his finger, and the man could keep out of the way; and he was to meet her that evening, at eight o'clock, at a publick-house.

Did he come to you home for the purpose you mention? - He did.

Did he offer to keep Allingham out of the way? - He did; that is the man.

Did he explain what prejudice it was he could do Royer? - He did not.

You live with Royer? - I did at the time this happened.

You was apprehended at the time they were in the house? - I was.

And you saw Macmanus, and the other Macmanus, and Jealous and Townshend? - Yes.

Did this man come alone afterwards to Mrs. Royer? - He did, Sir.

What was the first he said about one hundred and fifty pounds? - He said he heard that there was offered one hundred and fifty pounds for Mr. Royer's discharge.

Did not you know that there must have been many more people than himself or Allingham concerned in the evidence in this case? - He did not mention that.

But you knew it? - There was only he came to Mrs. Royer's.

ELIZABETH LAYFIELD sworn.

I know Ryland.

When did you first see him? - The 23d of September last, at Mrs. Royer's house; he said, he could be of service to Mrs. Royer; I asked him, what service he could be? He said, that Allingham and he were the only persons that could do any prejudice, and Allingham he could wind round his finger; and as they had not been sworn at Bow-street, he could keep Allingham out of the way, and he pitied Mrs. Royer, having a family of his own.

Mr. Fielding. I will not ask you any questions.

Mr. Garrow to Ryland. Did you go to Mrs. Royer's house on the 23d of September? - I am not sure it was so late as that; I did go there; Mr. Macmanus desired me to give a call, to see whether I could find the flasks or not; upon which, the very day before I went, I saw the person that gave us the information; I went there in order to look for the flasks.

Do you mean, after hearing these two witnesses, to state, that no such conversation as they have related, passed? - I told them the same that I heard.

Did no such conversation pass? - Not to my knowledge, it did not.

Then you will not venture to swear positively that you did not say so? - I will not.

Mr. Fielding. What did you say to Mrs. Royer about the reward? - I said, I heard there was one hundred and fifty pounds offered, and I told her; says I, Mrs. Royer, if it was in my power to do you any service, it would be a pleasure.

Did not you appoint to meet Mrs. Royer that evening? - I did.

Where? - At the Half-moon in Long-lane.

For what? - To let her know whether there was any truth in it.

Was not it in order to make terms to stay away? - I was there, and she never came.

Did not you offer yourself to this poor fellow's wife, as a person that would stay out of the way? - No; I said, I had a job of goods to move, and it was a chance of a thousand, if I could be in the way.

Did not you give her to understand, that if she could make it worth your while, you would stay out of the way? - No, I did not.

Do you mean to deny now that conversation, that the women have spoke to? - No, they have spoke to part of it.

Mr. Fielding. Which of the Macmanus's was it that desired you to go to see for the flasks?

Macmanus. I do not know that I desired him to go; but I talked to him the day before, the 23d, and I said, I am very sure their flasks must be in the house somewhere; says he, I shall go there soon; very well, says I.

Mr. Garrow. I dare say, Mr. Macmanus, he did not tell you, that he was going to sell himself, to stay out of the way!

MARY DIXIE sworn.

I keep a chandler's shop, in City-Gardens; Royer has dealt with me; I know him; I always took good money of Royer.

EDWARD DALE sworn.

I am a butcher, in Compton-street, Clerkenwell; I have known Royer three quarters of a year; he has bought a good deal of meat of me, and always paid me with good money; I know nothing more of him.

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

Jury. We wish to look at the finished money.

(Shewn to them.)

JAMES ROYER , JAMES SMITH , EDWARD IVORY ,

GUILTY . Death .

Tried by the first Middlesex Jury before Lord KENYON.

Reference Number: t17901027-31

719. EDWARD LOWE and CATHERINE his wife , were indicted for stealing, on the 10th day of May last, a silk cloak, value 5 s. the property of Thomas Bates .

The prisoner Edward having been capitally convicted, Mr. Garrow on the part of the prosecution, declined giving any evidence as to him; and also with respect to his wife, she being supposed to act under the direction and authority of her husband.

BOTH NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17901027-32

720. WILLIAM COOPER 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 29th day of August last, on Susannah Cooper , feloniously did make and assault, and that he, with his hands and feet, the said Susannah Cooper , in and upon her head, shoulders, breast, and stomach, and other parts of her body, did several times strike and beat; and her, then and there, violently did cast, and throw to, and upon the ground; and the said Susannah, so laying on the ground, with his feet, in and upon the head, shoulders, breast, stomach, and other parts of her body, feloniously did strike, kick, and trample upon, thereby giving her divers mortal bruises in and about her head, shoulders, breast, stomach, and other parts of her body, of which she languished till the 18th of September, and then died; and so the Jurors say, that her, the said Susannah, he did feloniously kill and slay .

(The Case opened by Mr. Garrow.)

May it please your Lordships. Gentlemen of the Jury. I am instructed, on the part of the parishioners of Enfield, to state the circumstances by which it is intended, on their part, to submit the case of the prisoner to your consideration, whether the finding of the Coroner's Jury is warranted by evidence; you will agree, that those who come forward with this prosecution, have but done their duty; the King has lost a subject, and we all of us have lost a fellow citizen; and whenever that case occurs, the most solemn and full investigation of the facts certainly ought to take place; besides the example that such a prosecution will afford, in a neighbourhood, in which I am sorry to say, such an example is wanted, will conduce to good order and government: on the part of those that prosecute, I am directed to state to you, that they have not, as they ought not to have, any wish that any thing but justice should take place; if you are of opinion that the unfortunate woman, whose death forms the subject of this enquiry, came to that death by the brutality of her husband, undoubtedly fit it is that he should suffer some punishment. Gentlemen, the present prosecution does not impute to the prisoner the crime of wilful murder; it only charges him with having unlawfully and feloniously killed his wife; and it is fit I should explain to you, subject to the correction I may receive,

what the distinction is that has led to this prosecution. Gentlemen, in order to constitute the offence of murder, you know very well that it is necessary, not only that a death should have taken place, but that it should be occasioned by a malice operating by the hand that gave the blow, either express or implied, either an actual malice against the deceased, or a general malice against all mankind; the general malice the law has defined to be, the unlawful killing of another without particular malice, which may happen in more ways than one; which may happen by a sudden provocation from heat, or involuntarily, without intending death, in the perpetration of an unlawful act: now, the sort of case to be imputed to the prisoner, to come within that definition, is this, that in the act of a brutal, inhuman, and unmanly attack on his wife, not intending to kill her, he has given her an unlucky blow, which has caused her death. Gentlemen, the prisoner, you will collect from his appearance, was one of the lower orders of society, and he and his wife lived alone, and therefore you will not expect that there should be any positive evidence of the blow that was given; it is to be collected from circumstances; and those are principally from the declarations of the deceased. Gentlemen, I ought not to conceal from you, that I feel considerable difficulty on that subject; because, the rule of law, on admission of evidence of that sort, I take to be this, that the declarations of the deceased can only be received, if they were made under the impression, at the time of making them, that the party was near her end; if the declarations should turn out to your satisfaction, under the impression, that she was shortly to turn her back on this world and all its prospects, and come to an account before a more awful tribunal than any this world affords, then the declarations may be received; if, on the other hand, they should turn out to be only the casual conversation of a person in ill health, or the hasty expressions of anger, on the part of the wife, undoubtedly it would be unsafe to receive them: there is another difficulty, that is, among the declarations that I see scattered up and down in the depositions taken before the Coroner; there is a great deal of contradiction; I observe, that a very careful, very attentive, and very honourable member of society, to whom the publick are on this occasion much indebted, a clergyman in the neighbourhood, seemed to be aware of the difficulty, and he very sensibly, as it was his duty, put the question to her, whether, at that time, she apprehended that she was in a state that she should not live; and the account that he gave before the Coroner of her answer, was this, that she spoke in so low and so weak a state, that he was unable to ascertain what her opinion was; that all he could collect from her was, the repetition of the word peppermint, the poor creature being very much addicted to that liquor; that was the only thing he could make out: but I observe, that she said to several other witnesses, who may be called to you, that the report was not true; at other times she desired it might not be mentioned; and once she said, in the presence of her husband, that it was not true; she said it was a false report, and she desired no more might be said on the subject. Gentlemen, it does not occur to my recollection, that on the fact of this man having given her any blow and kick, which could have occasioned her death, there is any other evidence; she was taken violently ill, and the neighbours knowing the terms upon which they lived, suspected some thing of that sort; she to some of them complained he had kicked her; the woman had had a former husband, and had had a son by him, who, meeting the prisoner, and asking him to go some where, the prisoner said he had business enough at home, for his wife and he had had some words, and he had given her kick, and he supposed she would die; but, supposing that to be true, did that, or did it not, occasion her death, because of that too you must be satisfied. Now, gentlemen, on that subject, the evidence appears to me to stand in this way: the woman was certainly ill, the persons who attended her were not very skilful, I mean the neighbours and people of the same condition, andthey supposed that she had, by retching, brought up a great quantity of blood, and that the complaint she made of her belly and side, was occasioned by the kick; there was, however, medical assistance called in; two very respectable and eminent men in the neighbourhood attended her, and one of the gentlemen, I think, saw that, which the neighbours supposed was blood, and it appeared at the time to be bile and not blood; he treated her as having a bilious complaint, and in the end, the woman died. To be sure, here one cannot but lament, that after death, in a case where there had been a suspicion, some more care, some further observation, had not been made on the body after her death, because it does seem to me, that it might have been ascertained, with some tolerable degree of certainty, whether violence, or a bilious complaint, was the occasion of her death, and every body would have been satisfied, and the purposes of publick justice would have been best conducted; therefore, whether this woman came to her death by any violence on the part of her husband, will depend on the testimony of these gentlemen. I am bound to state to you, that their evidence seems to negative it; they (I understand it is a perfect apology for them) they meant right, but they were not informed of any dispute. Gentlemen, the demands of publick justice have brought this case before you: those who prosecute, ask nothing but justice at your hands: if the examinations satisfy you, that this man killed his wife, you will confirm the finding of the Coroner's Jury, by saying so; he knows best whether he was guilty or not; and it will be an awful example to him, and others in his neighbourhood, if he is conscious of having so treated her, he had better employ the remainder of his days in making the only atonement he can to society, and to his God, for the ferocity of his temper. Gentlemen, I will proceed to call the witnesses, and I am sure you will determine the case in such a manner as to give universal satisfaction.

FRANCES HARVEY sworn.

I am daughter of William Harvey ; we were neighbours to the prisoner and his deceased wife; I saw the deceased on Monday morning, the 30th of August last; she was to have come to work and did not, and I went there, and she complained that Cooper and she had had words, and they had been fighting, and he had hurt her side, and was not able to come; that was a fortnight before her death; she did not get to work till the Saturday following, and she took to her bed on Sunday, and continued ill a week, when she died; I did not see her after she took to her bed.

ELIZABETH MILLS sworn.

I am wife of Richard Mills , a sawyer; I knew the prisoner and his wife; I saw her before she died, about a week; she sent for me; I thought her in a very dangerous state; she said, Cooper had murdered her, that he had killed her, that he had done for her now! I cannot say how long she lived after that; it was some days; she died in my arms; the prisoner continued there till he was taken into custody, which was two days after.

The Rev. Mr. COTTRELL sworn.

I am Rector of Hadleigh; on the Friday, under the impression of a report, that she was ill treated by her husband, I went to see her, in the way of my profession, as a clergyman, and also to enquire into the facts of this rumour; I found her in a very languishing state, that I thought she could not live; I sat down by her bed side, and told her what I had heard, that her husband had stamped upon her and kicked her; her reply was, it was not true that he had stamped upon her, for he had only kicked her in the side; at the same time she put down the bedcloaths, and put her hand as if she wished me to examine the side, which I had no desire to do, and declined it; I then asked her, whether she thought the present state in which she lay, was in consequence of her ill treatment; she spoke in so low voice that I could not make out any thing but some thing about peppermint, and a pain in her bowels; I asked her, if she was in a good

state of heath? her reply was, she never was in a better state of health for a long time past, nor better able to do a day's work; I then asked her, respecting another circumstance, of the brutal treatment from her husband, which I had heard, which was, that the night but one after this first affray, that she had escaped from his bed, from an idea that he had a stick there, with which he had intended to murder her, and had lain under the stairs all night; she said, that was not true that she had lain there all night, she had lain there only part of the night; a gentlemen present asked her, if her husband had his shoes on, when he kicked her? she said, she could not tell, he was partly dressed and partly undressed; in the course of my conversation with her, on the dangerous state she was in, and the short time she had to live, and that she ought to make her peace with God, and her own conscience, she said, she was sure her husband did not intend to murder her, and she forgave him with all her heart; I had no doubt, from the state of her pulse, that she was dying.

And you impressed that idea upon her? - I did.

So that you have no doubt but her conversation was with that impression? - Certainly, Sir; it was one object of my attendance upon her, that the fact might be ascertained; I beg leave to mention a circumstance, with respect to the body not being opened; I had it much at heart, not only with respect to the prisoner, but with respect to the community; I thought the best means to ascertain it, would be to have the body opened, and the two medical gentlemen who attended her, were so obliging as to promise to come at an early hour to open the body, and we went to the house, and when we got there, the prisoner put himself between us and the stairs, and vowed by all that was sacred, that nobody should touch her; I went to get a warrant for his apprehension, and it was extreme hot weather, and the nature of her disorder was such, as put the body in a state of putrefaction; but, I believe, the gentlemen I applied to, very properly thought that it would not give a sanction to opening the body.

CHARLES CATER sworn.

I am a son of the deceased; I saw the prisoner on Saturday, the 4th of September, and that day fortnight that she died, I met the prisoner; says I, Cooper, what are not you at work to day? he said, no, I have work enough on my hands, for your mother and I have had some words, and I have kicked her, I believe she will die; and he desired me to get Mr. Rumbold to go to her, for Mr. Wilson would not come; I went to Mr. Rumbold, and he was out; and I went to Mr. Wilson, and said, it was a pity; and he said, that the prisoner had never been with him about it; I never saw her down stairs after this; after she took to her bed, she considered herself as a dying woman; she said, Cooper had killed her, at last he had done for her he had killed her! As to her own sense of danger of going out of the world, I do not apprehend she took much account about.

- WILSON sworn.

I am a surgeon at Barnet; I was employed by Cater to attend his mother; accordingly I went immediately; I found her exceedingly ill; her complaint then was chiefly confined to her bowels; this was on the 4th of September; I sent her some medicines for it, and I visited her again the next day; I then found her better; I attended her three days after, and found her much better: I looked upon her disorder to be a bilious complaint, which was then very prevalent; I was there the day before she died; she made no different complaint; all her complaint then seemed to be in her bowels; the second day I visited her, her daughter produced me some thing, which they supposed was blood; I looked at that, and I looked upon it to be nothing but a bile, which she had brought up.

Now, from the best information and judgment you have of this subject, what do you think occasioned her death? - I look upon entirely to be from a bilious disorder.

Have you any reason to think that her

death was occasioned either by force or a kick? - After the daughter told me her ribs were broke, I asked her such questions as would have enabled me to know; and I looked on the report entirely as a drunken piece of work, and paid no attention to it; I have no reason to think otherwise, but that the bowel complaint was the cause of her death.

PHILIP ROBERT WILSON sworn.

I am son of the last witness; I attended the deceased in the latter part of her illness.

What appeared to you to be the nature of her complaint? - My evidence is nothing but a counterpart of my father's; I have no doubt but she died of a pain in her bowels; I was led to examine her side, on a report that she had been kicked; on examination I did not find the least appearance of violence.

Mr. Garrow. My Lord, I have many more witnesses, but I do not think it necessary to call them.

Court. Gentlemen of the Jury. The most we can say about this, is, that the parish have done very right; it is necessary that enquiries should be made, in order that Jurors might find a verdict; that being done, it is impossible to say that this woman received her death from any kick or blow, which that man gave her; he may have behaved to her very brutally, and very much unlike a husband and a man; but we are now trying, whether her death proceeded from such behaviour; the expression that she used, that he had murdered her and killed her! you all know that is an expression very common with low people; but, after the opinion of these two medical gentlemen, that she died in consequence of a bowel complaint, and that there was no appearance of a blow or symptoms of it, under such circumstances, I should think you would deem it improper to find a man guilty of this offence, and therefore, I presume you will acquit him; if you are not satisfied about it, we will enquire further.

NOT GUILTY .

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

Court. William Cooper , I am perfectly satisfied with the verdict the Jury have given; because, according to the rules of law, I think there was not evidence to reach you; at the same time, my conscience tells me, that your conduct has been by no means such as intitles you to stand well in the estimation of any man in this Court; I am afraid your conduct has been extremely brutal and violent to this poor woman; whether you have or have not been the cause of her death, is between God and your own conscience; but such has been your conduct, that it is fit I should tell you, you may think yourself extremely fortunate, and that you owe a great deal to the strict justice of your country, but you have not shewn her that tenderness or that justice; she is gone to another world; and I advise you now, before you meet her again in that world, that you prepare yourself, by a very serious examination of your own conduct, and by that contrition which can alone intitle you to pardon in another world, though you have been acquitted in this; I advise you very seriously to apply yourself to that, as the only reparation you can make to this unfortunate woman, as well as to the publick.

Reference Number: t17901027-33

721. JOHN WALLIS was indicted for stealing, on the 15th of September , a black silk cloak, value 4 s. a linen handkerchief, value 1 s. and 2 s. in money , the property of Samuel Phillips .

MARGARET PHILLIPS sworn.

I am wife of Samuel Phillips ; my husband is a fan-light-maker ; I come from Durham; I met the prisoner, and he insisted on the money in my pocket, and he insisted on me to untie my cloak, which I did.

What were the words he said? - He said, I insist on you to untie your cloak; I untied it, and he took it from off my shoulders; then he insisted on my pocket handkerchief, which I gave him, and he lapped my cloak in the pocket handkerchief, and gave it to a

man that I never saw before or since; and the prisoner gave the two shillings to that other man also; he kept nothing to himself: the prisoner twice wanted to run away, and I held him by the hand; and the third time he wanted to get away; I ran and shouted, stop thief! I never lost sight of him till he was stopped; it was a moon-light night, and I saw clear: then he was taken to the watch-house: it was about half past eight: I am sure of the prisoner.

Prisoner. My lord, I think I shall have it in my power to prove this to be one of the most villainous prosecutions that ever entered this court. Mrs. Phillips, pray how long have you borne the name of Phillips? How long have you been married? - Almost two years.

Court. Upon the oath that you have taken, are you really married to this man or not? - No; we are not married; but we stand together such as man and wife: it does not signify.

Court. Then, gentlemen, there is an end of this indictment: the law requires the property should be proved as laid.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17901027-34

722. ANNA ( wife of WILLIAM) WILKINSON was indicted for feloniously stealing, on the 7th day of September last, one pair of leather boots, value 20 s. three pair of leather shoes, value 12 s. and one pair of stuff shoes, value 6 s. 6 d. the property of John Huckel , privily in his shop .

JOHN LEWIN sworn.

Do you know the nature of an oath? - Yes.

Did you ever take an oath? - Yes; before the grand jury.

What will become of you if you speak false? - I shall go to the naughty man. Mr. Huckel is my master. The prisoner sent me out for liquor; she sent me out frequently for liquor: she was known to the family; her mother was nurse in it: nobody was left in the shop while I was sent out: my master cautioned me of it, and told me, when she sent me out again, to go for the gentleman next door, which I did; his name is Mr. Adams.

- ADAMS sworn.

I am a victualler. On Monday, the 20th of September, the boy fetched me: I went into the shop, and Mr. Harper and me found the woman sitting down in the shop; I told her, I suspected her; and we searched her in the parlour, and found these pair of shoes, and a quantity of duplicates, of boots and shoes that were in pawn; the shoes she was pushing up behind her stays; these are the duplicates: we found four pair of shoes, and a pair of boots: the boots were pawned at Mr. Brown's for nine shillings.

EDWARD HARPER sworn.

I lodge in the prosecutor's house. On Monday, the 20th of September, I was called down stairs about the middle of the day; I found the prisoner in the shop: I waited some little time, and Mr. Adams searched her with me; and I found a pair of shoes under her arm, and some tickets, which I gave immediately to Mr. Adams.

Adams. I have kept them ever since.

RICHARD NORTHERS sworn.

I am a shoe-maker: I made two of these pair of shoes, and these pair of boots.

JOHN BROWN sworn.

I am servant to Mr. Brown of Long Acre. I took in a pair of shoes of the prisoner.

JOHN JONES sworn.

I produce one pair of stuff shoes, and two of leather, which I took of the prisoner at three different times: I have no doubt of the prisoner: the 30th of August, and the 9th and 11th of September; I lent her two shillings a pair on them; these three duplicates (which were found on the prisoner)

belonged to me: I have kept the shoes ever since.

Northers. I made these two pair of leather, but not the stuff ones.

Prosecutor. These stuff shoes are mine; I made some part of them: I was teaching a young lad to work: I had not sold them: they were made for a servant in Gerrard-street: the three pair of leather shoes are mine; they were for sale in my shop; and I made some part of those leather shoes myself: these boots I can only tell by the man's work; I had not sold them: the man only made this one pair; that man is gone into the country: the lowest value of the boots is sixteen shillings, and the shoes, one pair, is two shillings and six-pence, and another pair two shillings and six-pence.

PRISONER's DEFENCE.

This little boy came to me where I lived servant: he has known me ten or eleven years: I told him I was coming from my place; and one day he came and said, he had heard of a place, and bid me call at their house; I called, and the place was gone; the prosecutor was within; I asked him to measure me for a pair of shoes; I bid him send them to me: they did not come: I called again; the child said, they were not done; I called again, and the prosecutor tried them on, and they were too large: I called several times after, and they were not done: on the Monday morning the child said, he would give me a pack of cards, and I sat down, and he asked me for something to drink, for his master half starved him; I sent him for some peppermint, and went away; and these shoes that the gentleman has sworn to, I bought of a Jew, for half-a-crown, in the street, and had them in my right hand pocket.

Court to prosecutor. Is it true that this woman came at different times for shoes? - She came twice.

Are you sure all these things were in your shop? - Yes.

Do you never carry any of your property out of the shop? - No.

Have you no back room? - Yes.

Do you never leave any of your goods in that back room? - No.

(The boots shewn to the jury.)

GUILTY, value 4 s .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17901027-35

723. RICHARD JOHNSON was indicted for feloniously assaulting Ann White , on the king's highway, on the 25th of September , and putting her in fear and danger of her life, and feloniously taking from her person and against her will two linen sheets, value 4 s. a gown, value 4 s. a petticoat, value 12 d. a muslin handkerchief, value 13 s. three pair of stockings, value 12 d. two muslin caps, value 18 d. two check aprons, value 18 d. and a muslin apron, value 2 s. her property .

ANN WHITE sworn.

I had been in place. I lodged at Mr. Viney's, in Great Marybone-street. I was in the Brentford coach, coming to London, and was getting out of that into a hackney coach: it was in Piccadilly, near the White Horse-cellar , about a quarter before eight: my bundle, box, and band box were all put up into the hackney coach; and as the stage coachman was helping me up the high step of the hackney coach, the coachman and me were pushed down, and I missed my bundle out of the hackney coach; I did not see it taken, but I felt it rushing past my bonnet: I asked the hackney coachman about my bundle; that is the prisoner; and he said, he knew nothing of them; and I asked the stage coachman, and he knew nothing of them; and I came away in the coach without my parcel, to Mary-bone-street; I got my bundle again afterwards: there was no force used in taking it.

JOHN THOMPSON sworn.

I am the stage coachman: I brought

this gentlewoman and the things from Brentford, and put her and the things into the hackney coach, and I was shoved down on the side of the coach.

EDWARD HUGHES sworn.

I am one of the patrol. I took this bundle from the prisoner on Saturday, the 25th of September, about a quarter before nine: I pursued him up Piccadilly: I had heard of the robbery: he was driving his coach: another person was with him, named Jack Peart : I pursued them, and took the bundle from the prisoner; the other man jumped off; and when the prisoner had drove the coach to Princes-street, facing St. Ann's church, he took out the bundle, and walked down the court; I stopped him; he said, Jack Peart gave it him: I secured him.

RICHARD MOUNTAIN sworn.

I am the owner of the coach: the prisoner was not employed by me, nor I do not know how he came to be employed.

(The things deposed to, marked A. W.)

PRISONER's DEFENCE.

I lived fellow servant with this coachman. About four o'clock in this afternoon he was rather in liquor; and he asked me to go out for an hour or two; I went out with his coach about half after seven; I was called from the stand in Piccadilly, and John Thompson put the things in the coach; I never left the coach nor the horses: the lady said, she had lost her bundle; I said, it is of no use making a riot round the coach, for all the mob in the world will not bring the bundle back: I drove her to Marybone; then I was fetched to go to White's coffee-house; when I came to the Gate-house; says the gentleman, is this your bundle? and it fell out between my legs; I said, it is not mine; I took the bundle home till it was advertised.

WILLIAM VINEY sworn.

I saw the prosecutrix get out of the coach; I searched the coach, and there was no bundle in the coach.

GUILTY, of the larceny, not of the robbery .

Transported for seven years .

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

Reference Number: t17901027-36

724. EDWARD HEIFER was indicted for stealing, on the 11th of September last, thirty-five pounds weight of lead, value 3 s. belonging to Allen Burton , and fixed to two certain buildings of his, against the statute .

HANNAH BURTON sworn.

I am wife of Allen Burton , of Brompton: we lost some lead last month. I only prove that the houses from whence the lead was taken are our property.

JOHN RICHARDS sworn.

I am a plumber. I work for Mr. Burton. I fitted this lead, and it answered exactly, nail-holes and all. I laid lead on part of seven or eight houses there, and I believe this was part of that lead: it was three weeks or a month ago: it came from the top of the trap door.

WILLIAM CUSLEY sworn.

I am one of the patrols belonging to Bow-street: as I and another were going off duty we met the prisoner with a bundle; I asked him, what he had there? he said, lead; I asked him how he came by it? he said, he found it; I did not think he could find such a quantity as that; and I took him to the watch-house: I went to the top of the house with the plumber, and saw it fitted; we tried it to No. 27 and No. 28, which belong to Mr. Burton, and it fitted.

PRISONER's DEFENCE.

I was coming to work one morning at the Opera house. I found this lead. I had worked for Mr. Burton a twelvemonth. It was in a basket, standing by the side of some rails, as I came along;

this lead was in it: I took it on my shoulders, and these gentlemen stopped me; I told them I found it.

NOT GUILTY .

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

Reference Number: t17901027-37

725. JOHN PHIPPS was indicted for stealing, on the 4th of October , eighty pounds weight of lead, value 10 s. belonging to James Adams , affixed to his dwelling-house .

JAMES ADAMS sworn.

I am a tallow-chandler . I live No. 42, Whitcomb-street . About half after twelve on the 3d of this month I was alarmed by two lodgers, that there was a thief at the top of the house; we all went into the street naked, and got assistance, and the prisoner was taken.

CHARLES HENRY CONNER sworn.

I am a boot closer. I lodge in the prosecutor's house. I saw a man on the top of the house: William Welch sleeps with me: I heard a noise in the next room, and saw the prisoner come to our window, and looked in; then he tore off the lead, and took it into his window; I informed my employer; and he said, he would kill him; I said, do not be so inhuman, let him be tried: I knew the prisoner before; he lodged at the next house: I saw his face very plain: he was taken directly: I saw the place where the lead had been taken: I saw the prisoner rip and tear the lead from the side of the window.

DUNCAN GRANT sworn.

I am a patrol. It was very near one o'clock. I was alarmed, and went up to the garret with the landlady: I knocked several times; nobody answered; I broke open the door: the man was laying with his breeches on, pretending to be asleep: the prisoner had his breeches and stockings on; and the lead was in another bed in the next room.

WILLIAM JAMES sworn.

I am the watchman. I found this lead in a spare bed, in the prisoner's room: the justice gave the lead to Adams.

Adams. I have the lead: I did not see it fitted; the justice said it was unnecessary.

Prisoner. The lead was in the next room.

GUILTY .

Transported for seven years .

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

Reference Number: t17901027-38

726. JONATHAN MARTINDALL was indicted for stealing, on the 22d of September last, a silk gown, value 5 s. a silk petticoat, value 5 s. a muslin apron, value 2 s. two muslin handkerchiefs, value 2 s. a muslin cap, value 1 s. the property of John Horde .

ESTHER HORDE sworn.

I am wife of John Horde . I live at Henry Cotton 's, Esq; Harley-street . On the 22d of last month, I lost the things in the indictment: the prisoner came to repair the top of Mr. Cotton's house; he was a slater ; I did not see him take the things, but I found my room robbed at night; my room was not locked; nobody had been in the house but the prisoner and his labourer; I saw these things in the morning, when I got up; I found part of them in the prisoner's box, of which the constable will inform you; the prisoner finished that day all that was to be done.

THOMAS SMITH sworn.

I found the things in the man's box, the 22d day, after he was at work, at his lodging, No. 223, Oxford-street; the things are here; the prisoner was in custody.

(The things deposed to.)

Prisoner. The box that they searched and broke open, was not my box; it belongs to the house; I am only a lodger in the house.

Court to Smith. Did you shew the prisoner what you had taken out of his box? - Yes.

Did he then say it was not his box? - No, he never mentioned a syllable; there was very little else there, but a pewter plate, in the box.

Where did the labourer lodge? - In Fox's-court, St. James's-street; a long distance from that; I searched his lodging, and found nothing.

GUILTY .

Transported for seven years .

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

Reference Number: t17901027-39

727. MARY WRIGHT was indicted for stealing, on the 11th of October , a piece of gold coin, called a half guinea, and a counterfeited shilling, value 1 d. the property of Elizabeth Guy .

ELIZABETH GUY sworn.

I am a lodger in Mr. Hooper's buildings, Hooper's-court . I know the prisoner; I lost my money; and this box was found in the prisoner's bosom, or else I have no objection to her; I lost half a guinea and a bad shilling out of a great box which was locked, and stood in one of my rooms; I saw the money not an hour before it was gone; nobody was in my place but the prisoner; it was on last Monday fortnight; I was not out of my lodging; and this woman shut me in when I went to lay down, because I go out early with my oysters; and I heard the door go, and called to her to open the door, and she would not, for the tune of ten minutes; she took the gin-bottle off the shelf: you see, I will tell you the truth, gentlemen; says she, if I have no credit, I have money; I never saw any of the money but the bad shilling, and that I cannot swear to; I heard her rummaging in the next room; and I could not get out; she fastened me in for the tune of ten minutes; she took an old shirt, and set cross-legged, see-sawing, and said, she did not think there was any harm in shutting the door; I lent her a shilling in the morning, to buy her a pair of shoes, out of this box; she returned again to my place; she gave me the box and bad shilling from under the peak of her stays; she said she would not tell me of the half guinea till I took her to the justice's.

Prisoner. She asked me to give her a dram, and gave me this shilling and the box to fetch a dram with; but I never was in the room.

Court to Prosecutrix. Did you tell the prisoner to fetch any money out of the box? - No.

NOT GUILTY .

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

Reference Number: t17901027-40

728. MARY HARRISON was indicted for stealing, on the 30th of June last, three yards of Persian silk, value 12 s. one muslin handkerchief, value 6 d. three ounces of thread, value 12 d. three ounces of cotton, value 18 d. twelve yards of tape, value 6 d. three tea-spoons, value 3 s. a glass pepper-box, value 6 d. a gauze cap border, value 8 d. and two yards of tape, value 2 d. the property of Thomas West .

CATHERINE WEST sworn.

I am wife to Thomas West , of Chelsea. The latter end of June last, I lost the things in the indictment, from No. 26, Lower Sloane-street ; I missed the Persian about a week before; the prisoner lived with me as a servant , five months and a fortnight; I discovered I had been robbed, and suspected another person who was in the house; and I took her up by what the prisoner told me, and found nothing; the prisoner left me,

and went to her sister's; and I got a search warrant, and in her box I found all the things in the indictment; her box was at her sister's house; the prisoner said nothing about the box or things.

THOMAS HAYLEY sworn.

I am a constable. I found these things in the box; the prisoner was below stairs; she saw the things; we found nothing upon her, nor in her box; but we found the things in her sister's box, in the prisoner's apartment; her sister had been at my house.

Court to Hayley. When these things were found, did the prisoner say any thing? - No; she fell a crying directly.

THOMAS LINDSEY sworn.

I was at the prosecutor's house all the time, and I was present at the search; I saw every thing taken out of the box, except the handkerchief, which was found round the sister's neck; the girl was brought up, and cried very much; the sister took a key out of her pocket, and unlocked the box; she afterwards declared it was the prisoner's box, and she had lent it to her; the prisoner was by at the time of the declaration: she said nothing before Justice Gordon; the girl declared she had taken the things from her mistress.

Was that reduced into writing? - I cannot tell.

(The Persian and the pin deposed to.)

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

GUILTY .

Recommended by the jury and prosecutrix.

Transported for seven years .

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

Reference Number: t17901027-41

729. MARY JOHNSON was indicted for stealing, on the 6th of September , a silver watch, value 25 s. a pair of silver buckles, value 5 s. and a gold ring, value 5 s. the property of Samuel Lockey .

And ELIZABETH MARSLEY was indicted for feloniously receiving, on the 16th of September , the same watch, knowing it to have been stolen .

ELIZABETH LOCKEY sworn.

We keep a public house , the Prince Eugene, Chelsea . I know the prisoner Johnson; she had been my servant; she had been discharged some time before, and staid to attend my sick father, and she robbed him; the things were kept in a box in my father's room, which was locked; I saw them about five or six months ago, when my father was taken to his bed; I locked them up in the box in the prisoner Johnson's presence; when I missed the things, the prisoner Johnson was at the other prisoner's; I told her it would be better for her to confess; and when the constable threatened to search her, she delivered to me two duplicates of a watch and a pair of buckles, and a gold ring, part of Samuel Lockey 's property; I gave the ring to Anderson the constable; I can swear to the ring by two letters, E. H.

WILLIAM JONES sworn.

I know the prisoner Elizabeth Marsley . She pawned a watch with me the 16th of September, for a guinea; she said she brought it for another person; I knew her before.

(The watch deposed to.)

WILLIAM WISE sworn.

I am the officer. On the 18th of September, Mr. Lockey sent for me; he gave charge of Johnson, who was in the bar; and she produced two duplicates of a silver watch and a pair of silver buckles.

Prisoner Johnson. I have nothing to say.

Prisoner Marsley. Sir, I am not guilty; I did not know it to be stolen.

Prosecutrix. I believe Elizabeth Marsley to be innocent.

MARY JOHNSON , GUILTY .

Transported for seven years .

ELIZABETH MARSLEY , NOT GUILTY .

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

Reference Number: t17901027-42

730. MARY SMITH was indicted for stealing, on the 14th of October , two lindsey waistcoats, value 2 s. a cloth waistcoat, value 1 s. and three waistcoat sleeves, made of woollen, value 1 s. the property of Lazarus Barnet .

LAZARUS BARNET sworn.

I am a Jew, and work in the slop way . The prisoner worked with me for nine or ten years, off and on; on the 14th of October, I found on her the things in the indictment; I found them in her apartments; she was not at work for me then; I had not given her the things; I missed them a long while.

JOSEPH NASH sworn.

I am a constable. I took the things out of the prisoner's room.

(Deposed to.)

They are not finished; they are pieces to make waistcoats of.

Court to Jury. This is a mistake; they are unfinished.

NOT GUILTY .

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

Reference Number: t17901027-43

731. JOHN STEWART was indicted for stealing, on the 22d of September last, one shovel, value 18 d. the property of James Scott ; and one spade, value 1 s. the property of George Chalfont .

NATHANIEL ALLWAY sworn.

I am servant to James Scott of Hammersmith, a brick-maker ; I prove the property.

GEORGE CHALFONT sworn.

I am a labourer . I lost a spade out of an out-house, locked up separate from the other things; I left it there two months ago; I missed it when I was sent for; I saw it in the possession of Gough.

THOMAS GOUGH sworn.

I had a spade which I took of the prisoner the 23d of September. The prisoner came from under an arch by Shepherd's Bush; I did not know him before; he had a spade, shovel, and hewing iron; he turned several times round with them, and hid them: I jumped over, and took him; he would give no account of himself.

(The things deposed to.)

Prisoner. The man swears against his conscience.

GUILTY of stealing the spade .

Imprisoned six months , and fined 1 s .

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

Reference Number: t17901027-44

732. THOMAS ROBINS and JOHN HARDING were indicted for stealing, on the 17th of September last, two pair of hempen sheets, value 40 s. four cotton pillow cases, value 5 s. two cotton tablecloths, value 9 s. two napkins, value 2 s. the property of John Petrie , Esq ; and a cambrick handkerchief, value 1 s. the property of John Cable .

(The witnesses examined separate.)

GEORGE FITCH sworn.

I live with Esq. Petrie; I drive his cart; he lost the things in the indictment, of Friday, the 17th of September; I was coming from Mr. Petrie's country house,

at Navestock in Essex, between eight and nine in the evening; it is nineteen miles from Whitechapel: I set off between four and five, and was in Broad-street, St. Giles's ; and Mr. Johnson called to me, and asked me if I had lost nothing out of the cart? I said, not that I know of; I looked in the cart, and the bundle of linen was gone; it contained the things in the indictment; I saw the bundle in the cart, for the last time, about the middle of Holborn: there was a large box and other things; I rode on the box; it was a market cart; there was no cover; any body might jump behind, while I was minding my horse.

ROBERT JOHNSON sworn.

I am a child's pump maker. I lived then facing the prisoner Robins; I live now in Drury-lane; I was obliged to move through threats; I saw the two prisoners (I passed them, and they passed me again) by the George and Blue Boar, and crossed the way; I continued on the left hand; and by Bloomsbury, they crossed to my side; and by Smart's Buildings I saw them look into the tail of a cart which was going on; and in Broad St. Giles's, they crossed again, jumped off the pavement into the coach-way, and on the tail of the cart, and took a white bundle, the contents of which I do not know; they both jumped up to the tail of the cart; they ran up a dark street, and we lost sight of them; they went up Vine-street; then a gentleman who saw it, and me, stopped the driver; the prisoners were taken the same night; I believe it was moon-light; it was not dark; I am sure of them both; Robins I lived opposite to, but never spoke to him in my life; I might be ten or fifteen yards off; there were numbers of persons passing.

CHARLES JEALOUS sworn.

On the 17th, near ten at night, Johnson and a boy gave me information; I went with him to No. 4, Peter-street, Saffron-hill: I asked if the prisoner Robins was at home? I was going up, and he came out of the one pair of stairs; I laid hold of Robins; and in that room I saw the prisoner Harding; and this bundle was in two separate parcels; and I took it and them away; the witness Fitch was with me.

Court to Fitch. Did you see both these prisoners there, and the property? - Yes.

ELSPAT JAMES sworn.

(Deposed to the things, living with Mr. Petrie.) I was then in the country, and packed this linen.

Prisoner Robins. I know nothing about taking the things out of the cart.

Prisoner Harding. I was just come into the room to measure Mrs. Robins for a pair of shoes; I know nothing of the robbery.

BOTH GUILTY .

Transported for seven years .

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

Reference Number: t17901027-45

733. JOSEPH MARRIOTT and JOHN SIMPSON were indicted for stealing, on the 17th of September last, a quart of wine, called Lisbon, value 18 d. and seven glass quart bottles, value 2 s. the property of John Bedford .

(The case opened by Mr. Knowlys.)

WILLIAM STEVENS sworn.

I was a waiter at the King's-head at Longford , the 17th of September last: the prisoner Marriott was quartered there: Simpson was quartered at the White Horse, but his horse stood at our stables; I was backwards looking through a window, about four in the afternoon; we went across the yard to the wine-cellar; I was going into our beer-cellar; and there is a window on the left hand by which you may see into the wine cellar; and I saw Marriott take one bottle of wine up, and look at it, and set it down again; then he took another, and clapped it under his jacket, and went

up to his bed-room; no other person was near him; he got up from the cellar by a ladder which comes near the cellar; I went immediately and told my mistress.

Mr. Garrow, Prisoner's Counsel. If any body else had been with Marriott, you must have seen it? - Yes.

There was nobody with him? - No.

There was nothing else taken at that time? - No; the maid was in the cellar at the same time; the man did not go into the cellar; he leaned against the post, and reached round his arm; the maid must have been within two or three yards of him.

Is she here? - No; I do not know what she was doing; she made no complaint.

How long was Marriott doing this? - Not above ten minutes.

In broad day-light, and the maid in the cellar? - Yes.

Mr. Knowlys. Is this cellar in which the wine was, one entire cellar, or is it divided? - It is in two parts.

Which part was the maid servant in? - I cannot tell; I could only just see the cellar door.

MARY BEDFORD sworn.

I am wife of Mr. John Bedford , who keeps this King's-head. In consequence of the boy's information, I saw Joseph Marriott take the bottle of wine out of the cellar, and put it under his jacket, and take it up into his room: John Simpson immediately followed him; Simpson was waiting for his horse; they went out partly in ten minutes; Simpson was just by, in the coach-house; they went out on duty, and came back before we could get the constable; they were absent some hours: on going up with the constable, Simpson unlocked the box readily, as the constable said he would break it open; they first said there was nothing of ours in the box; Simpson refused to let the constable take the man without his leave; in the box was a bottle of Lisbon wine, which I can swear to corking the night before; under the bed was some empty bottles, which had a loose cloth thrown over them; the constable asked Simpson how those bottles came there? and Marriott and John Simpson said they were bottles they made water in; I can swear to the bottle; I marked it myself the day before.

Had they been in the habit of buying wine at all of you? - No, Sir, never.

Mr. Garrow. Who was this servant that was in the cellar? - A maid servant that had lived with us but a very little while, a chamber-maid; when we were busy, we sent her into the cellar.

She of course was intrusted to carry wine to any part of the house, and occasionally to receive the payment for it? - Yes.

Simpson was in the place where his military duty led him? - Yes.

Now with respect to his opposing your taking the man, that was a foolish notion that the civil power is not greater than the military? - Yes.

STEPHEN RIDINGTON sworn.

I am headborough. Mr. Bedford came himself; I went up, and first took Marriott; he made very little resistance; he said he thought it was a bastard child; I said it was a charge of felony; the serjeant said, what! without asking me; I said, if you are the serjeant, I hope you will help me; I went into another room with Marriott; and he asked me what it was? I told him; he said he had nothing in his box; I said, I will open it; Simpson had the key; in the box I found these two bottles; one is as full as they generally are.

(The full bottle deposed to.)

Mr. Garrow. In the state it is in, do you mean to swear to any mark that is upon this cork? - Yes.

(Shewn to the jury.)

There is a crack in the cork; and I had chalked the crack, but being in the box, it had rubbed some off.

Did you chalk any more? - I chalked several dozens.

Mr. Knowlys. At the time it was found in the box, had it the mark upon it that you had put on those bottles of Lisbon? - Yes.

PRISONER MARRIOTT's DEFENCE.

The day this wine was found, I had been helping them in the cellar; both in the ale-cellar and in the wine-cellar; all the time I had to spare; they had been bottling a great deal of wine; and I found this bottle of wine in the manger, which is quite close to the cellar door; I heard some talk of setting mens water there to play people tricks; and I looked at it, and I took it up and put it into my box; and as we were going to the justice's, she said she would value it at six-pence.

Captain HENRY TEMPLER sworn.

I am an officer in the Prince of Wales's own regiment of dragoon s. The two prisoners are both in that regiment: I have known Simpson upwards of seven years: he has the best of characters, both as a soldier, and a private character; he has ever been much respected in the regiment as an honest man and a good soldier: I never heard any thing against Marriott's character; he has ever behaved with honesty, I believe: the serjeant, I had more opportunity of seeing his private character; I never heard Marriott accused of doing any thing dirty, or unworthy an honest man.

WILLIAM LUMLEY sworn.

I am an officer in the same regiment. I have known Simpson two years and a half; he was always perfectly honest; and as I had an opportunity of seeing him, and judging of his conduct, having had him under my command: I have known Marriott the same time; always a good character.

If they were acquitted, would they be received into the regiment? - Undoubtedly.

Mr. Garrow. I will not call others to their character.

Court. No, their characters are very well established.

JOSEPH MARRIOTT , GUILTY .

Fined one shilling, and discharged .

JOHN SIMPSON , NOT GUILTY .

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

Reference Number: t17901027-46

734. MARY WATTS was indicted for stealing, on the 22d of September last, a silver watch, value 42 s. a box, inlaid with silver, value 3 s. a cotton handkerchief, value 6 d. and seven shillings in monies , the property of William Green .

WILLIAM GREEN sworn.

I am a gun-smith . On the 22d of September, in the middle of the night, from half past eleven, till six in the morning, I lost a watch and seven shillings; it was taken out of my breeches pocket in a room: I met with the prisoner and another in Hemmings's-row ; they asked me to give them something to drink; I went to Watts's room, and went to bed; I got up at six, and she was gone and my property; I was not drunk; there was another girl in the room; we were all three in the same bed; I found my watch again the next day but one, at a pawn-broker's in Bow-street, when I took up the prisoner coming out of the pawnbroker's door; I knew her again; an officer who was with me searched her.

WILLIAM SANSOM sworn.

On the 23d of September, the prisoner brought this watch to me; I took it in; she said it was her husband's property; I lent her a guinea on it; on the 24th she came to pledge an apron, and was seized as soon as she went out of the house; I am sure of the prisoner.

(The watch deposed to.)

PRISONER's DEFENCE.

I lodge at Mrs. Bristowe's; this gentleman came with two women, and enquired for a bed, said he had no money, and desired to pledge his watch for a trifle of money to give them; I lighted them up stairs, and left the door open, by their desire; in the morning I pawned the watch, by the woman's desire, for a guinea; and two days afterwards this gentleman took me up, as I went to pledge an apron; I never was no further in his company, than shewing him up to his bed.

Court to Green. Is that true? - It is not; I did not pledge the watch; she was one of the women that was in bed with me; and the door was bolted.

GUILTY .

Transported for seven years .

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

Reference Number: t17901027-47

735. JOHN ASHLEY was indicted for stealing, on the 8th of October , one linen handkerchief, value 1 s. the property of Jacob Wilkinson , Esq .

JACOB WILKINSON , Esq. sworn.

Between one and two, the 8th of October, I was crossing from Cornhill to go into Lombard-street, in the narrow alley that goes into Change-alley, I felt some thing at my pocket; I immediately put my hand to my pocket, and my handkerchief was gone; I turned round, and seized the prisoner, and said, you have picked my pocket; on searching the prisoner, I found a handkerchief concealed upon him, which I knew to be mine; I have kept it ever since; it is a linen handkerchief; the prisoner begged I would forgive him.

PRISONER's DEFENCE.

I was going up a narrow passage, and saw the handkerchief laying on the ground, and took it up; the gentleman said, I had his handkerchief: I said, I had not.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17901027-48

736. ROBERT CARTER and JAMES BARKER were indicted for stealing, on the 26th of September , five trusses of hay, weight 280 lb. value 7 s. 6 d. and half a bushel of oats, value 1 s. the property of Thomas Thompson , Coles Child , and William Sutherland .

THOMAS THOMPSON sworn.

Coles Child, and William Sutherland , are trustees for the children of the late Marmaduke Thompson, a deceased partner; I have the other share; on Sunday morning I was called up; they had stopped a little cart belonging to Carter; I went to the cart, and found five trusses of hay, and some oats in a bag; the hay bands were the perquisite of the horse-keeper, which Barker was; I saw no name on the cart; I know it was Carter's; I knew the horse; I could not miss the things.

Mr. Garrow, Prisoner Carter's Counsel. You said very fairly and candidly, that the hay bands were the perquisite of this man? - They were so.

I believe you are not very particular about their taking sweepings? - I never suffer any loose hay, only hay bands.

ROBERT WOODWARD sworn.

I am a carpenter by trade; on the 26th of September, twenty minutes before six, being a constable, I saw the prisoner Carter coming up out of Old-Swan-passage with a bundle of hay bands; he put them in a little cart, that stood by the end of the passage; I passed him, and went to the watch-house; I stood at the watch-house door, and saw Carter come up once more with

some hay bands; there appeared to be some other hay among it; another man came up with a bundle, and put it in the cart; he is not here; there appeared about a truss of hay, and some hay bands hanging loose over it; when they had loaded it, Carter tied it on with a rope, and drove down Old-swan-passage; we ordered two of the watchmen to stand by the cart, till we went and informed Mr. Thompson; he got up, and came to the cart, and asked Carter what he had there, and he said, hay-bands and rubbish; we turned the hay out of the cart; there were five trusses, which did not appear to be broke.

JOHN CALHAIGAN sworn.

I am a patrole; on the 26th of September I was in the watch-house: I saw Carter come past with a horse and cart; he left the horse and cart, and went down Old-swan-passage; in a little while he came up, and one White, a coal porter, with him; they had hay on their shoulders, and hay bands about it.

Mr. Thompson. I could not miss it.

Court. Gentlemen, you must acquit the prisoners.

BOTH ACQUITTED .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17901027-49

737. ROBERT HOBBS was indicted for stealing, on the 20th of September , thirty-eight pieces of callico, containing 760 yards, value 60 l. the property of Thomas Martin .

JOHN PRICE sworn.

I am porter to Mr. Martin; he is a wholesale linen-draper ; on the 20th of September, between six and seven in the evening, at the back of the Royal Exchange , at the pitching-block, I had pitched my load, and was taking it up again, and a man came behind me, and pulled it off, and ran away; I went to run after him, and another catched me hold by the arm, and enquired the way for the Swan with Two Necks; I thought of my load; I turned round, and saw it turning into Sweeting's-alley; a ticket porter followed him, and I ran through the Change to meet him; I got sight of him in Cornhill, and as he went into Cooper's-court, he dropt it; I ran into the court, and caught hold of the prisoner; I did not see him drop it; the ticket porter stood by the load, and I brought the prisoner to the Compter; the load was carried into Mr. Bates's, the stationer's, while I held the prisoner; I took it to Guildhall; my master has had the load ever since it was at Guildhall; there were thirty-eight pieces of callico in the bundle; I put them in myself; while I had hold of the prisoner, two men tried to get him away.

Mr. Knapp, Prisoner's Counsel. Was it perfectly light when you got to the pitching-block? - Yes.

You know nothing of the man who pulled the load off? - I should know him if I saw him again.

What did the man say, who asked the way to the Swan with Two Necks? - He stuttered a great deal; I gave him no answer, for I was up to it, and I ran after my load.

From the time you saw him at Sweeting's-alley, how long was it till you saw him in Cornhill? - Not more than half a minute.

You did not see the load drop? - I never saw his face till I took him.

ANTHONY JEFFERSON sworn.

I am a ticket-porter; I was standing by the Change; at the bottom of Sweeting's-alley; I saw a man with a load passing by me, he rather ran; I thought it was a robbery; I saw Mr. Martin's porter; he said, he had lost his bundle; I said, follow; I desired him to turn to the right; I ran into Cornhill; the prisoner was just turning into Cooper's-court; I called to the porter, and he came up; he dropped the load at my feet: it was immediately taken to Mr. Bates's, the stationer's: the prisoner was committed: I lost sight of him for a little

time: I am sure he is the man: I saw his face as he passed by me.

CHARLES SILK sworn.

I am the street-keeper of Cornhill; I took custody of the prisoner; the bundle was left at Mr. Bates's, from the Monday till the Wednesday.

THOMAS MARTIN sworn.

(The bundle produced and deposed to.)

I saw the bundle at Guildhall; it was sealed.

Mr. Knapp. You have many pieces of the same quality? - Yes.

Have not you a great many with the same mark? - None, Sir.

You never saw them after you sold them, till you saw them at Guildhall? - No, I did not.

Prisoner. I leave it to my counsel.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17901027-50

738. RICHARD GIBBS was indicted for stealing, on the 11th of October , one pair of leather shoes, value 3 s. the property of William Grove .

WILLIAM GROVE sworn.

On the 11th of this month, about two in the afternoon, the prisoner came to my shop, in Watling-street , to be fitted with some shoes; my boy was in the shop; I was on the stair-case, and I saw him put a pair of shoes in his pocket; I stopped four or five minutes, and I went down; I could find none that would please him; he went out, and I ran after him, and took hold of him, and took a pair of shoes out of his left-hand pocket; I have them here; they have my marks on them.

JOHN MILLS sworn.

I am apprentice to Mr. Grove; the prisoner came to our shop to be fitted with a pair of shoes, and took a pair; my master ran after him, and took him.

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

GUILTY .

(Recommended by the jury and prosecutor.)

Privately whipped and discharged .

Tried by the London Jury before Mr. BARON HOTHAM .

Reference Number: t17901027-51

739. ANN JEFFRIES was indicted for stealing, on the 15th of October , five white cotton stockings, value 3 s. a flannel petticoat, value 12 d. a quilted callico ditto, value 3 s. and a child's night cap, value 3 d. the property of Ananias Ware .

ANN WARE sworn.

I am wife of the prosecutor, No. 3, Upper Berkley-street , a grocer ; I never saw the prisoner before the 15th of October; she came into my house, and took a flannel petticoat, and the other things, from the wash tub; I called, stop thief! she ran away, and was out of my sight about ten minutes; some coachmen stopped her, and she came back, and said she had not them; I am sure she is the person.

JOSEPH COMBE sworn.

I heard the cry of stop thief! I did not see the woman; I took the things out of a dunghill in the Mews the next day; I was filling a dung-cart, and dug it out with a fork.

ANN FORD sworn.

I live in the same house; I saw the prisoner take the petticoat; I am sure it was her; it was a quarter before eight in the morning; she went down the stairs, through the warehouse, and took them off the line; I was looking out of the window, and saw her; I pursued her down the Mews, and lost sight of her five minutes.

PRISONER's DEFENCE.

I was going along, and they stopped me; I had nothing about me.

(The things deposed to.)

GUILTY .

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

[Imprisonment. See summary.] [Fine. See summary.]

Reference Number: t17901027-52

740. JOHN LAWRENCE was indicted for stealing, on the 9th of October , three plated bradoons, value 6 s. a piece of silver, called virgin silver, value 14 s. another piece of silver, called sterling silver, value 14 s. the property of Robert Lewin and Benjamin Lewin .

The case opened by Mr. Knowlys.

ROBERT LEWIN sworn.

I am partner with Benjamin Lewin , platers, founders, and ironmongers, in the coach line ; the prisoner had been our servant two years next February; he was confidentially employed by us; I applied for a search warrant from Bow-street; Carpmeal accompanied me to the prisoner's lodgings, in Great Wild-street; he was at home; he said, he had no property of ours; Carpmeal searched in my presence; we found a roll of silver, in six or eight pieces, on the tester of the bed; it was some virgin silver, and some sterling silver; the plated bradoons were under the bed in a box, and a harness buckle, and a plated nail.

THOMAS CARPMEAL sworn.

I am an officer of Bow-street; I went with Mr. Lewin to the prisoner's lodgings, and found these things; (Producing them) I asked the prisoner, if he had any thing belonging to Mr. Lewin? he said, he had not; when I found the silver, he said there was nothing more; he begged for mercy of his master, and Mr. Lewin told him, he had put it out of his power to shew him any mercy; I was present when this confession was signed.

Mr. Garrow, Prisoner's Counsel. Before that is read, did not he say a great deal more than what is taken down in writing? - He asked several times for mercy.

Now, among other things, did not he say this, that he was going to take it back that morning? - He did.

How happened it, that was not taken down in writing? - I do not know.

Therefore, besides saying what is taken down, to affect him, he said, it was his purpose to have restored every thing that he had taken? - He did not go so far as that.

(The examination of John Lawrence read)

Who says, that he has been clerk to Robert and Benjamin Lewin near two years; that the silver and other articles, now produced by the said Thomas Carpmeal , are all the property of the said Robert and Benjamin Lewin ; and that he took the same out of their shop at different times; signed John Lawrence .

(Deposed to.)

Mr. Garrow to Mr. Lewin. I may venture to ask you, till this affair, you had a good opinion of him? - I had, indeed.

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

GUILTY .

Prisoner. My Lord. Being in this distressed situation, I beg to implore your mercy; I wish my future conduct to be such as will be acceptable to God; and likewise to let the world see, that every favour conferred upon me is not lost.

Transported for seven years .

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

Reference Number: t17901027-53

741. CATHERINE CAINE was indicted for stealing, on the 24th of October , one damask table cloth, value 8 s. one pair of linen sheets, value 2 s. a worked muslin apron, value 2 s. three linen handkerchiefs, value 3 s. a silk ditto, value 2 s. three yards of thread lace, value 3 s. and a linen shirt, value 3 s. the property of James Sharpe .

JAMES SHARPE sworn.

I am book-keeper to Mr. Hankey, and have been for twenty-two years: my dwelling-house is in the Shepherd and Shepherdess Yard ; it has been robbed prior to the 9th of June last; the prisoner worked and slept there; the damask table cloths I know to be mine.

MARY SHARPE sworn.

I am wife of the prosecutor; the prisoner was a chare and washer-woman at my house; I missed my things, which were found on the prisoner; I missed all the things in the indictment; they were taken at several times.

ELIZABETH HODGE sworn.

I bought this damask table cloth of the prisoner, about four months ago, in June; I gave her eight shillings for it; I keep a turner's shop, in Old-street, not far from the prosecutor's; the prisoner told me, it was a friend of her's, at the other end of the town, who employed her to sell it; (The table cloth deposed to) it is the history of the whole city of Jerusalem: there is no mark of mine on it; it may be another cloth.

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

NOT GUILTY .

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

Reference Number: t17901027-54

742. MARIA GRIFFIN was indicted for stealing, on the 16th of September last, three table spoons, value 40 s. two gowns, value 20 s. a muslin apron, value 10 s. a cotton shawl, value 6 s. and a bound book, entitled a Worthy Communicant, value 2 d. the property of James Latimer , in his dwelling-house .

Mrs. LATIMER sworn.

My husband's name is James Latimer ; we keep the George, Leather-lane ; we lost

the things in the indictment out of our bed room; they were locked up; I saw the spoons the same day they were taken, and the other things three days after; I did not make immediate search; the spoons were in my room, locked up, and the other things were in a box, locked; both locks were picked; I found nothing but the book: it is a religious book, but I do not know the title of it: there is my handwriting in it; I found it in the apartment of the prisoner, in Portpool-lane; I went out about three: when I returned, I missed my spoons: I asked her: she knew nothing of them then: she was a charewoman : afterwards I suspected her, and went to her lodgings, and found this book: (The book produced by Matthew Bilby , who never looked at it.) I heard her give no account of the book: (The book deposed to.) Here is wrote in it, in my hand-writing, John Watson : he was a lodger of mine, at one shilling a week: the title is the Communication of the Lord's Supper. (Reads the title.)

Prisoner. It is not her book.

GUILTY of stealing the book, value 2 d .

Publickly whipped, in the presence of women only .

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

Reference Number: t17901027-55

743. GRACE NORTON was indicted for stealing, on the 18th of June last, a silk cloak, value 5 s. and divers other things, value 50 s. the property of Elizabeth Mason .

ELIZABETH MASON sworn.

I do not know the name of the street where I live: I will tell you presently: I am a boarder and lodger: I live with one Mr. Jones, an apothecary and man-midwife, just by the Lying-in Hospital: I lost all the articles in the indictment, and many, many, more: I lost a buff-coloured sattin petticoat, and I have the fellow sack to it: there was a whole box of robbins and facings, that I worked myself in gold and silver: and a thousand things that I cannot recollect: I lost a petticoat with a red and yellow flower on it; the Duchess of Marlborough had the fellow to it, off the same piece: I lost a gown and petticoat, which I gave her in case I died; but as I live she stole it: I did not die.

Court. I believe, gentlemen, from what you have heard of this woman, that upon her evidence, unless there is other evidence, that you would not be able to make any verdict that was satisfactory.

Mr. Garrow. My lord, I have at least twenty witnesses to the prisoner's character, and her defence is, that being nurse to this old lady, she from time to time gave her these things. I can shew you that this woman has been perfectly insane.

Jury. We are all satisfied.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17901027-56

744. ROSANNA LANDERS was indicted for stealing, on the 18th of June last, one silk petticoat, value 5 s. and divers other things, value 5 l. 18 s. the property of Elizabeth Mason , widow , in the dwelling-house of John Jones .

The witnesses examined apart.

JOHN JONES sworn.

Elizabeth Mason is a boarder and lodger in my house: I have seen her in possession of very few of these articles since she came to my house; there were some articles, two or three cambrick handkerchiefs.

There was no evidence.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17901027-57

745. EDWARD TIMMS was indicted for feloniously breaking and entering the

dwelling-house of John Lorien , about the hour of ten in the forenoon of the 20th of September last, the said John and one James Fell being therein, and stealing two sheets, value 5 s. a shirt, value 4 s. and a linen handkerchief, value 3 s. his property .

JOHN LORIEN sworn.

I am a weaver . I keep house in George-street, Bethnal-green : my house was broke open about ten in the morning, on Monday, the 20th of September. The prisoner had four keys, and one of them opened the door: I was at work up stairs with my brother-in-law, James Fell . I lost a pair of sheets, a shirt, and a neck handkerchief: the prisoner was taken by Mr. Kent, with the things on him: the things were in the kitchen; I saw them there when I got up in the morning. I never saw the prisoner till he was taken.

Mrs. FELL sworn.

I live in this house. On Monday, the 20th of September, I went out about ten, and left the prosecutor and James Fell in the house: I locked the kitchen door, as usual, and carried the key up stairs: because we are up stairs in general: the house door was on the latch: I put the key on my loom.

Did you take particular notice when you went out? - I locked it, as usual; I am sure the door was on the latch, and I tried it, and I locked it, as usual; I did not try it afterwards: I staid out about a quarter of an hour; when I returned the door was wide open, and I missed the things in the indictment; a shirt, a pair of sheets, and a lawn handkerchief: I saw the things again in Mr. Kemp's hands: I saw the prisoner come out of the house, as I was coming over from leading the child to school: I did not stop him: I did not know who he belonged to: the prisoner is the man: I saw his face when I returned: I found the key of the kitchen in the place where I put it.

SAMUEL KEMP sworn.

I am a broker. On the 20th of September I was going up King-street; I met the prisoner with something under his arm, without a hat; I thought he looked very odd: I did not stop him: I met him about three hundred or four hundred yards from the prosecutor's house; he was running from the house: I was going into a broker's, and I turned round, and saw Mr. Fell and his brother running; I asked them what was the matter, and I pursued the prisoner, and took him in Hackney-road, and he dropped a hat box; these are the things I took upon him; the things were in an old hat box, under his arm: I delivered him to Mr. Armstrong; I saw Armstrong take four keys and a chissel from him; these are the keys and chissel; they were brought to me about five this afternoon: I tried this key this afternoon, and it opens the kitchen door.

Prosecutor. The sheets were taken from my bed in the kitchen; they are mine, and the shirt is mine; I missed one; it lay on a chair, by the side of the bed: the lawn neck handkerchief was torn at a corner: I value the sheets at five shillings, the shirt at four shillings.

Kemp. Fell brought me the things to day from Armstrong.

Fell. I brought the same things I received from Armstrong.

Prisoner. A man gave me the things to carry.

GUILTY, of stealing to the value of 4 s. 6 d .

Tried by the first Middlesex Jury before Mr. RECORDER.

[Transportation. See summary.]

Reference Number: t17901027-58

746. ANN RILEY was indicted for stealing, on the 17th of September last, a woman's side saddle, value 20 s. and two linen girths, value 1 s. the property of Joseph Yeomans .

JOSEPH YEOMANS sworn.

I am a sadler , No. 125, High Holborn . I only prove the property.

JOHN DAVIS sworn.

I am a pawnbroker in Broad-street,

Bloomsbury. The prisoner brought this saddle to my house (a woman's side saddle) on the 17th of September, about twelve o'clock: the prisoner is the woman: I do not know I had seen her before: she said, she received it from a woman in the street: I stopped her and the saddle: I advertised it; and in three or four days the prosecutor came and claimed it, and described the marks: I have kept it ever since.

(Produced and deposed to.)

GUILTY ,

Imprisoned six months , and fined one shilling .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17901027-59

747. WILLIAM SANDERS was indicted for stealing, on the 28th of September last, a cloth coat, value 2 s. 6 d. the property of John Leddie .

JOHN LEDDIE sworn.

I deal in hardware and second hand clothes , and live in High-street, St. Giles's . I lost a coat; I saw it an hour before; it hung up for sale: it was on Monday, the 27th of September: I took him the 28th.

MICHAEL RYAN sworn.

I work with the prosecutor. I saw the prisoner take the coat: I was in the back shop: I saw him lap the coat under his arm: I thought then he had bought it: it was about one o'clock: I saw his face: he asked me the price of a coat before he took this: he came the night following to the shop; I came down off the counter immediately; I went out and took him: he said nothing. I do not know a halfpennyworth more.

SUSANNAH BURNETT sworn.

I keep a shoe shop next door: he came past my shop nine or ten times: I sent a girl to watch him; that was about a minute before he took the coat: it was about one o'clock on Monday.

ANN SLATER sworn.

Mrs. Burnett told me to watch a man: I did not see his face; but I saw him take the coat: his back was towards me: he came the next afternoon, about four o'clock.

Mrs. Burnett. I am sure to the man.

Prosecutor. I never had my coat again.

Prisoner. I know nothing of it: that day he says I took the coat I was at work.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17901027-60

748. MICHAEL SHERIDAN was indicted for stealing, on the 5th of October , a silver watch, value 3 l. a steel chain, value 18 d. and three stone seals, set in metal, value 1 s. the property of Cornelius Delany .

CORNELIUS DELANY sworn.

I am a labouring man . I lost a silver watch a month ago, from the house of one Leonard: I do not know the sign: I lodged there only a fortnight: it was in White Horse-yard, Drury-lane : the prisoner lodged in the house when I lost my watch; we lodged on the same floor, three pair of stairs: I hung it on one side of the bed: I had a bedfellow with me: he came into the room at three o'clock, and the prisoner went out, and did not come home all night: I saw my watch in Bow-street the second day after I lost it.

JOHN UMPAGE sworn.

I am a constable employed in this business: I apprehended the prisoner; his brother gave me the duplicate at the Brown Bear , in Bow-street: he said in the hearing of the prisoner, he found it; he asked the prisoner what he had been doing, and what the duplicates meant: nobody said it would be better for him: he said, he did not deny

but he had pawned the watch, and had twenty-five shillings on it; it corresponds with the duplicate: the servant's name is Baker.

Jonathan Baker called on his recognizance, and not appearing, his recognizance was ordered to be estreated.

PRISONER's DEFENCE.

I found the watch in a necessary.

GUILTY .

Whipped .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17901027-61

749. JAMES WARING was indicted for stealing, on the 20th of September last, one cotton counterpane, value 5 s. two cotton night caps, value 2 s. five linen neck handkerchiefs, value 6 s. the property of Dorothy Wright , widow .

DOROTHY WRIGHT sworn.

I am a widow. I lost the articles in this indictment on Monday, the 20th of September; between seven and eight in the evening: I last saw them in my dining room, hung up, about an hour before, all but the counterpane, which was on the bed adjoining.

ELIZABETH EVANS sworn.

I am chambermaid to Mrs. Wright, at the Four Swans . I came down stairs and missed the things from the dining room; I took a candle and went up; and found the prisoner; he had a round hat over his face; he came out of the bed room with the bundle under his arm: I was very much frightened, and my candle went out: he run down the gallery stairs, and I cried, stop thief! he went to a door where he was stopped, which I had locked a quarter of an hour before; he came back to the dining room door again, and flung the bundle down within the threshold of the door, and he went down the back stairs: I lost sight of him; I saw him again in five minutes; he was taken off the back stairs by the cook: he was never out of the house: I have no doubt of his person: I picked up the bundle and threw it into a back parlour, where some gentlemen were at supper, and it was brought into the bar to my mistress; I saw the bundle brought out of the bar, and given to Mr. Smith; I saw the contents of the bundle; it contained the things in the indictment.

Mr. Knapp, Prisoner's Counsel. Did you know the prisoner? - No.

Did you know his father? - Yes; but I did not know he had a son; I knew he took care of the horses: he has slept at the inn; but very little in my time; he slept in the boots room, up two pair of stairs, and to get at this room they must go past that room where the transaction happened.

ELIZABETH SIMPSON sworn.

I am the cook. I saw the prisoner in our house: I took him on the third stair of the back stairs; he was coming down stairs: I heard the cry of stop thief! and I went up the front stairs, and the door was locked: I took him into the kitchen: I saw the bundle both in the parlour and in the bar; the chambermaid threw it there; I saw it contained the things in the indictment. The prisoner's father never slept in the house during my time, which is six or eight months.

SARAH WATSON sworn.

I am housemaid. I saw the prisoner in the kitchen; I was just come in as he came down the back stairs: I picked up five lawn neck handkerchiefs when he sat in the kitchen; they were given to Mr. Smith, with the other things in my presence.

ROBERT SMITH sworn.

I am a constable: I took the young man. Mrs. Wright gave me the things from the bar; I have kept them them ever since.

(Produced and deposed to.)

The line was delivered to me with the

things; I asked the prisoner how he came to take the line; he said he ran against the line, and broke it down.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17901027-62

750. WILLIAM BURBRIDGE was indicted for feloniously stealing, on the 5th of October , fifteen yards of woollen cloth, value 10 l. the property of Arthur Skier Lofty , in his dwelling-house .

A second Count, for stealing the same goods, the property of William Marven Everitt .

ROBERT WATKINS sworn.

I am servant to Mr. Arthur Skier Lofty ; he is a factor of woollen cloth . I saw the prisoner with this cloth in his arms; it lay in a stand with ten other parcels, in the warehouse; I believe it was near eleven in the forenoon.

Court. Where is this warehouse kept? - No. 64, Basinghall-street ; the door was half open; it opens into the passage that leads to the street door; he pulled it out with the string at the end, and had it in his arm.

Are you sure he completely lifted the whole of it from the seat where it was? - Yes, quite the whole of it; when I spoke to him, he began to replace it; I asked him what he wanted? he said he wanted one Dr. Rees; I told him I knew no such person; I locked the warehouse door, and put the key in my pocket; he then caught hold of me, and said he had a wife and children, and put his hand in his breeches pocket, and offered me a guinea; he said he never was guilty of any thing before: the constable took him, and marked the cloth: I took it before the alderman; this is the same.

ROBERT MADDER sworn.

I am clerk to Mr. Lofty. I was not present; I know the property; this belongs to a clothier in Wiltshire; and it was lying in Mr. Lofty's warehouse to be sold; as a warehouseman Mr. Lofty is answerable; this was Tuesday, the 5th of October, about eleven; I was not at home; the value is between eleven and twelve pounds; it was to be sold for William Marven Everitt .

Will it sell for eleven pounds? - I dare say it would, if it answers the measure that was sent up.

JAMES PRIOR sworn.

I am the constable. I marked the property, and took the number and length and maker's name, and left the cloth at Mr. Lofty's; the mark is on it now.

Bentley. I am sure it is the same.

PRISONER's DEFENCE.

I came from the White-horse-cellar that evening, and had a hand-basket in my hand with a bit of hay; it had a leg of venison, directed to one Dr. Rees, in Basinghall-street; I went to this house, and knocked with my foot; a young man came out about fourteen or fifteen; he said, if I was to go in, I should get an answer; I went in, and had my hand up to my head to pull off my hat; and this roll of cloth was towards my elbow, and I hit my elbow against it; and I turned round and pushed it into the place where it had like to have fell out; I could not have got it into the same place again; it does not stand to reason, for there were twenty or thirty rolls above it.

Court to Watkins. Are you sure he had this completely in his arms? - Yes.

Had he turned about? - No.

Did you speak to him instantly, as soon as you saw it in his arms? - Yes; there was a string came over it lengthways.

GUILTY (aged 19) Death .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17901027-63

751. ANN FRANKLIN was indicted for stealing, on the 22d day of July last, one cotton frock, value 4 d. the goods of Barnard Fitzpatrick .

BARNARD FITZPATRICK sworn.

About nine in the evening, on the 22d of July, my child was decoyed or taken away from my door; about an hour after he was brought back, found by a person who stopped the prisoner with him.

How long before had you seen the child? - About a quarter before nine; the child was dressed in a cotton frock.

ROBERT SNOOK sworn.

I am a plater of silver. Coming down Cow-lane, I met the prisoner with the child; the child was crying, and said that was not the way home; I went up to her, and asked her whose child it was? she said it was her brother's; seeing the child without a frock, I asked her where the frock was? she made no answer; I saw the frock in her hands, and took it away from her, and delivered it to Roberts, a constable, who was coming by at the time; the frock was in her hands, almost covered with her apron: the constable has the frock.

Prisoner. I had not an apron on? - She had a checked apron on.

Court to Snook. The public are much indebted to you for your conduct in this case.

SAMUEL ROBERTS sworn.

I am a constable. I was coming along, and I saw a mob; I asked what was the matter? they said this woman had stripped a child; I took hold of her, and took the frock from her; an apron was brought to the watch-house, and she said it was her's.

(The frock produced.)

Court to prosecutor. Is that your child's frock? - Yes; here is my name on it, and a particular mark the child got on it by a cart-wheel.

PRISONER's DEFENCE.

I had been to receive a pension at the work-house; I belong to St. Andrew's parish; I have two children; coming along Cow-lane, I saw a mob, and asked what was the matter; and I took hold of the child, and they said I took the child; I know no more.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17901027-64

752. JOHN MESSENGER was indicted for stealing, on the 27th of September last, two geldings of the price of 20 l. the property of Archibald Ranton, the elder .

ARCHIBALD RANTON sworn.

I am a hackney coachman . I live in Hat and Ton Yard, Hatton-garden. On the 27th of September, I lost two horses; I was informed my coach and horses were stolen from Fleet-ditch rank ; I went and saw my coach and horses standing at the watering-house door, at Fleet-ditch; I saw my son there.

ARCHIBALD RANTON , the younger, sworn.

I was the driver of the coach. On the 27th of September, I put in between seven and eight at Fleet-ditch rank; and I went with my uncle to have a pint of beer; I was not two minutes in the house; and the waterman called out, and I went out; and there was but two coaches on the rank; I said, somebody had took my coach; and I went up to the Talbot-inn green-yard with my uncle and another man; I left my uncle at the green-yard, to stop it, if it came there; another man stopped the coach.

HENRY DYSON sworn.

I coming along the Strand. Mr. Ranton said he had lost his coach; I put my coach in at St. Clement's, and I stopped about an hour; and I saw the prisoner coming by with the coach between nine and ten o'clock; I said to the waterman, there goes Ranton's coach; I went up to the prisoner, and asked him what he did with it? he said he had hired it for three quarters of an hour for two shillings; there were people in the coach; he jumped off and ran away; I ran after him; I hallooed out, and a gentleman stopped him going into Strand-lane.

THOMAS LOVEL sworn.

I stopped the prisoner; he jumped off the box; and another young man ran away; two women were in the coach.

Prisoner. It was only a bit of a frolick; I was in liquor; I offered to satisfy the coachman.

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

NOT GUILTY .

Tried by the London Jury before Mr. Baron HOTHAM.

Reference Number: t17901027-65

753. JOHN TAYLOR was indicted for stealing, on the 19th of October , a woollen cloth jacket, value 3 s. a linen handkerchief, value 6 d. and one gimblet, value 7 d. the property of John Place .

JOHN PLACE sworn.

I am a drayman at Mr. Calvert's. The prisoner is the gentleman that stands at the bar: I was loading some beer in Red-cross-street , and my jacket hung over the horse's neck; I did not miss it till a man brought the prisoner to me; there was a handkerchief and gimblet in the pocket.

EDWARD UELL sworn.

I am a brewer's servant. I saw the prisoner take the jacket and run across the way with it.

Prisoner. I picked it up in the road, and that man came up and asked me for half of it.

Bull. I did not.

Prisoner. My witnesses are all bad of a fever.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. Justice HEATH.

Reference Number: t17901027-66

754. THOMAS MATTHEWS , JOHN BETSON , and THOMAS PANK , were indicted for stealing, on the 9th of October , three pieces of worked gauze, containing thirty-six yards, value 18 s. the property of Mary Mann , privily in her shop .

MARY MANN sworn.

I live at No. 18, Red-cross-street . On the 9th of this month, I lost three pieces of point gauze, value eighteen shillings, from a little shelf in the shop-window, near the door; I saw them there about half after seven in the morning; I missed them immediately on two of the prisoners going out of the shop; I do not know who took them; I did not see them taken; I saw the prisoners Matthews and Pank in the shop; the other prisoner did not come in; one of them asked for some thread to mend his breeches; then he would have silk; I went to the drawer, and could find none of the colour; he went away; I opened the door, and let them out; I missed the gauze immediately; I had nobody in the shop; I could not pursue them; they were taken in ten minutes or a quarter of an hour; I am certain to the persons of these two young men: the constable has the gauze; I cannot say whether both came into the shop together; they went out together.

WILLIAM LAMB sworn.

Coming down Wells-street at half past seven, I heard the cry of stop thieves; the prisoners were very near the prisoner Matthews; and I saw him drop three parcels of gauze; I saw Pank close to him; Matthews was immediately laid hold of; these I believe to be the three parcels.

(Deposed to.)

It was two hundred yards from the shop, in a different street, about half past seven in the morning.

JOHN MIGHT sworn.

I was going to my business. Coming down Red-cross-street with a man that worked with me, as we got to the prosecutrix's shop-window, I perceived John Betson stand at the window; and the other two came out, and they all three ran off together; and I saw Matthews putting something under his coat; and I called stop thief! and the corner of Jewin-street, I saw Matthews drop these pieces of gauze; I brought Pank back to the house he came out of; all the three prisoners were taken together directly.

WILLIAM HARRISON sworn.

(Deposed much to the same effect, being in company with the last witness; he brought Betson back, and did not see Matthews drop the things.)

GEORGE HOUGH sworn.

Coming through Red-cross-street on the 19th of October, I perceived the prisoners Matthews and Pank in Mrs. Mann's shop; I saw the prisoner Betson a few yards below the shop; he appeared to me to be watching; I passed them, and went down; I returned back again, and observed the three prisoners coming towards me very fast; that was in three minutes; I saw nothing of Betson: I observed a bundle in Matthews's bosom, as they passed me in Jewin-street; I turned up Jewin-street; Matthews and Pank turned down Wells-street; and turning, Matthews dropped these three pieces of gauze from under his coat; I seized him, and desired Might to seize Pank; they were brought to the shop.

JOHN RIVERS sworn.

I produce the gauze.

Prisoner Pank. I was coming along Jewin-street; I went to buy some thread to mend my coat; and I saw Matthews in the shop; the gentlewoman said she had no thread; I turned out.

Matthews. I went in for some thread, and she had none; and I ran for fear of being too late at work.

Prisoner Betson. I was going to a leather-cutter's; I stopped to tie up my knees, and these two young fellows came out; I know nothing of them.

ALL THREE GUILTY .

Of stealing to the value of 4 s. 10 d.

Transported for seven years .

Tried by the London Jury before Mr. Baron HOTHAM .

Reference Number: t17901027-67

755. JOSEPH BIGGS , alias PAGE , and JAMES SULLIVAN were indicted for burglariously and feloniously breaking and entering the dwelling house of Edward Nicholson , about the hour of seven in the night, on the 23d of October , and burglariously stealing therein, two pair of cotton stockings, value 4 s. and two pair of worsted stockings, value 4 s. his property .

EDWARD NICHOLSON sworn.

I am a linen-draper , No. 23, Barbican . I was at home when my house was broke open, the 23d of October, about seven; I was told five or six lurking fellows had beset the window; I set my apprentice, James Rous , inside the window to look; he had not been there many minutes before he called out; I went out and caught the two prisoners standing close to the window, which was broke; I saw three pair of the stockings laying close to the feet of Biggs, and the other pair just by; they were taken

and committed; the stockings are here: I gave them to the constable; I never saw the prisoners before; there was a knife dropped down the area, open; it is without an edge; it is on purpose to break a window; the maid found it the next morning; there were two pair of cotton stockings and two pair of black worsted.

JAMES ROUS sworn.

I am sixteen, an apprentice to the prosecutor. I was set to watch at the window; I saw a hand withinside the window, but I do not know whose hand it was; it might be one of the prisoners; they were so near, I saw them at the window; it was a man's hand; it appeared to be the hand of one of the prisoners; I saw the hand take out the stockings; I alarmed my master; he went out; I saw him seize the prisoners; and I took up the stockings at the feet of the prisoner Biggs; the stockings were given to Edwards the constable, who took them to the alderman.

Prisoner Biggs. A woman stood close by me.

Prosecutor. I can positively say there was no woman near Biggs.

JOHN EDWARDS sworn.

I am a constable. I have four pair of stockings, two pair of cotton and two pair of worsted; the prosecutor gave them to me when he gave charge of the prisoners; they have been in my possession ever since.

(Deposed to two pair of worsted by a private mark U.)

The two pair of cotton I believe to be mine.

PRISONER SULLIVAN's DEFENCE.

I had been to my master's for work; I was coming back again to Barbican; I happened to look into this shop; I never offered to do any thing; two people ran away from the window. My master was here yesterday, and said he would not come any more.

PRISONER BIGGS's DEFENCE.

I happened to stop at the door, and the gentleman caught hold of me, and said I was a thief: I have not a friend in the world.

Court to Rous. Look at the prisoners at the bar; are you sure they are the same you saw at the window? - Yes.

BOTH GUILTY , Death .

Tried by the London Jury before Mr. Justice HEATH.

Reference Number: t17901027-68

756. WILLIAM LEE , THOMAS DAVIS , JOHN BELL , and JOHN LUXON were indicted for feloniously making an assault, on the king's highway, on Stephen Wilkins , on the 16th of October , putting him in fear, and feloniously taking from his person, and against his will, one watch made of silver, value 40 s. one man's hat, value 2 s. his property .

Stephen Wilkins and Richard Price called on their recognizance, and not appearing, the prisoners were all

ACQUITTED .

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

Reference Number: t17901027-69

757. LAWRENCE M'ENZIE was indicted for burglariously and feloniously breaking and entering the dwelling house of John Daniel Solomon , about the hour of seven in the night of the 17th of October , with intent his goods and chattles, in the said dwelling house then being, feloniously and burglariously to steal, take, and carry away .

JOHN DANIEL SOLOMON sworn.

I keep the sign of the Crown, in Green-street, Leicester-fields . On the 17th of October, in the evening, about seven o'clock, I

had only a few friends, and we were laughing and merry, and my wife was not well, and went up to lay down; this prisoner went to the next door, and went over the water tub and over the wall, and having a few nails in his pocket, he scratched a hole in the wall, and got up to the window; there was a little dog in the room, and he barked, and the prisoner tumbled down and broke the parlour window; I opened the door, and said, the maid has broke all my china basons, and the prisoner ran into my arms; I said, what business have you there? he said, he came in there, and he owned he came over the wall; he had some nails in his pocket; I saw the holes in the wall; he did not rob me of any thing; I had sixty-four guineas up stairs, to pay my brewer, and the landlord; the prisoner had worked at my house before that; the holes in the in the walls were fresh made.

Court. Was it candle-light at that time? - Yes.

Did you go with him to the watch-house? - Yes, and I saw the nails found upon him.

How high might your bed-chamber window be? - One pair of stairs; it is but a small house; the prisoner was a carpenter, and had worked there five or six weeks before.

Mrs. SOLOMON sworn.

I am wife of Mr. Solomon: I was extremely ill that night: I went to lay down: I went up with a candle, which I never did before: that man must have been in the yard when I went up stairs: and I had not laid above a minute before I heard a window open: I could not think it was mine, and I heard the window open a second time, and my little dog barked, and the man fell down, and Mr. Solomon caught him directly, and I called out, that that was the man: he said, no, no, Mrs. Solomon, I beg you will not say so.

Did you see the man, or any part of him. in the room? - I cannot justly say: I could not see him absolutely, because it was in the dark, and the window was open.

It was so dark that you had no view of his person, then? - No, Sir, I could not swear to his person.

Did you see the man, or any part of the man, within the room? - No, Sir, I can swear that the man gave the second jirk to the window.

But you do not know that his body was within side the window, or any part of it? - Then, gentlemen, there must be an acquittal.

NOT GUILTY .

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

Reference Number: t17901027-70

758. ROBERT PERRY was indicted for feloniously stealing, on the 18th of October last, one wooden box, value 6 d. 10 lb. weight of black tea, value 30 s. the property of John Hurley , privily in his shop .

WILLIAM HURLEY sworn.

I am son of John Hurley ; I heard the door creak; I immediately went into the shop, and missed the chest of tea; I went out, and saw the prisoner walking with the chest of tea in the next street: I took hold of him, and he put it down: I brought him back, and the tea; it was my father's; there was about ten or eleven pounds of it; I cannot say the value; I did not see him take it.

WILLIAM NICHOLSON sworn.

I saw the prisoner at the bar on the 18th of October; I saw him come round the corner of Orange-court, Swallow-street, with a box under his arm, and he put it down by our door; I saw him apprehended directly afterwards; in about a couple of minutes I observed the last witness take the box; it was the same that the prisoner put down.

Court to Prosecutor. What was this tea a pound? - I sold the same kind of tea at eight shillings a pound; I had not sold any out of this chest.

PRISONER's DEFENCE.

Coming down Swallow-street, I had been early in the morning to look after a place, and a young man in a white coat, asked me to carry this box; I told him I would; and he said he should give me sixpence; I was to carry it to the first house in Orange-court; I put down the box, and went to look for the young man, and he was gone; and the young man took hold of me, and said, I stole the box; but I did not.

Prosecutor. The morning of the 18th, there were two fellows seen lurking about the door.

GUILTY, 10 d .

Transported for seven years .

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

Reference Number: t17901027-71

759. MARY ANN WILKINSON , ANN CAMPPELL , and ANN DIXON , were indicted for stealing, on the 25th of October last, half a guinea and 8 s. the monies of William Burch .

WILLIAM BURCH sworn.

I am a carpenter ; I lost half a guinea, and eight shillings in silver; between four and five in the afternoon, I went in to have a drop of beer, and there were four women, and one asked me to drink; the prisoners were three of the women, I told her I had no objection, and we drank a pot of porter and half a pint of gin, and a quartern of gin, and putting my hand into my pocket, I slipped a shilling down the lining of my breeches, and while I was looking for that, the three prisoners inclosed me, and violently took my money out of my purse; I could not prevent them; one round my neck, and another round me; and I had a metal watch, and I could not save both; I never saw my money since; I was as sober as I am now, but mellow; I can swear to the three prisoners; I will take my oath before any magistrate under God Almighty's Heavens.

JOSEPH NIBLETT sworn.

I know nothing more than taking the woman into custody; I searched them, but I found nothing on them.

Prisoners. The prosecutor had two women in his company a little before.

Prosecutor. There was no soul in the world, but me and those four women.

When did you see your money last? - When I took my purse out to pay for the liquor.

ALL THREE GUILTY. 10 d .

Transported for seven years .

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

Reference Number: t17901027-72

760. GEORGE RHODES was indicted for stealing, on the 25th of August last, one muslin cap, value 5 s. one braid of hair, value 5 s. the property of John Adams .

MARY ADAMS sworn

I am wife of John Adams ; he is servant to Lord Gainsborough; on the 25th of last August, I had been into Wheeler-street, Spital-fields, to drink tea, and returning to Whitechapel, where I live, I was attacked by several people, who knocked me down, and when I got up, the prisoner came up and snatched off my muslin cap, and braid of hair: it was about eight; it was not very dark; it rained very much; I stood with my back against the wall; he stood fronting me; I am sure of him; he was not apprehended till a few days after; I gave a description of him; I saw him among twenty people; I knew him the moment I came in.

JOHN TANN sworn.

I belong to the Rotation-Office; I apprehended the prisoner; there were several people present, but I did not observe a signal, but there might be a signal, because he and a girl got warranting one another.

PRISONER's DEFENCE.

I was going down the street, and I saw this young woman; she had been thrown in the mud, and a parcel of boys were pelting her; there were a great number of people; I said, what are you about? says she, I think I know you, young man; she would lay hold of my arm; she asked me to lead her to some place; I led her to her lodging-house, and the next day I heard two or three young woman had been leading her about that evening, and drinking with her, and that she had robbed a young woman she lived with, and was confined by my Lord Mayor seven days, in Wood-street Compter.

Mary Adams . I never was in Wood-street Compter in my life.

Nor in any other prison? - No, Sir.

What is your husband? - He is butler to Lord Gainsborough, in Harley-street, No. 2; the prisoner came up, after I was pushed down, and took my cap and braid, and left me directly.

(The prisoner's witnesses ordered to be examined apart.)

SARAH CROAKER sworn.

Do you know the prisoner at the bar? - Yes; the night that this affair happened, it seems he brought the prosecutrix to my door; she was very much disguised in liquor; and the woman that was in my place led her in, and she said, she wanted a lodging, and her things dropped with wet, very wet she was; I looked at her, and saw she had no cap on nor handkerchief, nor nothing, and her head was very bare; I said to the two women that were in my house, mind and take notice what she has got on; one of the women I keep by the week; I give her a shilling a week, victuals, drink, washing, and lodging, to do about the place, because I am not able to do it myself; and the other woman lodges with me.

Then that this first woman is a servant? - Yes, Sir; I said to the two women, look in what a condition she is in; and Mrs. Adams sat down, and swore very wickedly, in a very wicked manner, how she would have some gin; and I seeing her very much disguised, I said, you had better not have any more; with that she took out a few halfpence and a sixpence out of her pocket, and she said, I will have some gin, and I could not pacify her till she had had half a pint; I said, it is needless for you to have any, for none of us can drink any, for I never drink any; in a little while after she said she would lay there, and we were but just moved into the house; I had but two beds, because I keep a broker's shop, and a cloaths shop besides, and we put the two women to lay there for safety; so I said, we have never a bed for you here, but if you come to our other house I can let you lay there by yourself; and I and the other young woman took her down to the other house, to let her lay there: and I said, now will you go to bed? and she said, no, not till I please, and she swore very wickedly: says she, I will not go out till you have me in the scouts: says I, I do not know what you mean! says she, I have lost my tail and cap, and I will charge you, you have got it; and I said, I can bring witness that you had it not when you came to my place.

When did she leave your house? - That same night, she was led out.

At what hour? - Why, I believe, to the best of my knowledge, it might be about half past eleven.

What time did she come? - She came, I believe, about ten: I think it was, to the best of my knowledge, but I cannot take upon me to say exactly the time, but I think it was to the best of my memory.

Had she any think else, besides gin? - No, Sir, I would not let her.

Did any body drink any of the gin with her? - No; Sir, we did not drink any, only the young woman that had helped her out of my place; she drank one glass, but I would not let her have any more: I knew the prisoner before, by seeing him about with sheeps heads.

Are you any way related to the prisoner? - No, Sir, no more than you are.

Did he ever lay in your house? - No, Sir, never.

Court to Mary Adams . You have heard what that woman has said? - Yes, Sir, I have.

Is it any part of it true? - No, Sir, not at all: for when I went to her house to demand protection, she, and a man that keeps an oil-shop, threw two pails of water over me: I said, I had been robbed, and they bid me go along.

Then you did go to demand protection? - Yes, I did not know where to go.

Court. What had you been drinking? - Three glasses of red port, with my acquaintance, that keeps a brush-maker's shop; my husband is out of town with his master.

Do you live with your husband when he is in town? - Yes: but he is in service: he cannot live with me.

Have you any body here that knows you? - No.

MARY DOWNS sworn.

I am a married woman; my husband is a weaver in Aldgate; gentlemen, this woman, the prosecutrix, lived with me in the house; she went by the name of Mary Jones ; she came home in the forenoon, very much in liquor, and being in liquor, she made a great tumult; I sent for an officer to take her away; when she went away this braid was very loose; she went out with one shoe on, and the other shoe off, very much in liquor.

NOT GUILTY .

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

Reference Number: t17901027-73

761. WILLIAM FIELD , SARAH FIELD , and JOHN HOLLAND , were indicted for colouring a shilling and a sixpence, against the statute .

The evidence not coming home to the prisoners, they were all three

ACQUITTED .

Court to Prisoners. It having been intimated to me that this is not first or second time of your appearing here, let me admonish you, if you have any regard to your duty to God, or the preservation of your own lives, to be extremely circumspect in your conduct; I hope you have not been guilty of this crime; but take care that the fourth time of your appearance here does not put an end to your existence; go home, and sin no more, if you have sinned.

Tried by the first Middlesex Jury before Lord KENYON.

Reference Number: t17901027-74

762. THOMAS SCRAGGS was indicted for stealing, on the 9th of August , a silk handkerchief, value 6 d. a cotton shawl, value 6 d. and a cotton gown, value 6 d. the property of Henry Pugh .

Henry Pugh and Gazely Hood called on their recognizances, and not appearing, the prisoner was

ACQUITTED .

Tried by the first Middlesex Jury before Lord KENYON.

Reference Number: t17901027-75

763. SUSANNAH COOKE was indicted for stealing, on the 25th of October , a silk cloak, value 18 d. a pair of stays, value 1 s. a cotton gown, value 3 s. 6 d. a silver cover to a mustard pot, value 18 d. a silver tea-spoon, value 18 d. a bed-gown, value 1 s. a muslin frock, value 2 s. 6 d. another frock, value 1 s. a shirt, value 6 d. an apron, value 18 d. a handkerchief, value 6 d. a book, value 4 d. four pounds weight of beef, value 1 s. two pounds weight of mutton, value 6 d. the property of Levy Symonds .

LEVY SYMONDS sworn.

I am a butcher , in Duke-street, Aldgate . On Monday morning last, the 25th of October, I was awaked about six by my child's crying; I called to my servant girl to take

the child; she answered, yes, but never came; I went to sleep, and awaked again; I called to the girl twice, and she did not answer; I got up, and she was gone, and the things in the indictment taken; that was the prisoner; I went down stairs, and found the door on the latch; I found a mustard pot removed, and the cover, which was silver, was gone; and a silver spoon was gone entirely out of the sugar-box; I called up my wife; I searched for the girl, and did not find her; my wife found her: the things were brought back to me by Saul Mordecai ; I saw the spoon and mustard-pot the day before.

ALICE SYMONDS sworn.

I am the wife of the last witness. The prisoner lived servant five weeks with us. (Deposed to the same effect.)

SAUL MORDECAI sworn.

I live in Duke-street, Aldgate: I am a glass seller: I live next door to the prosecutor: I was informed of the robbery, and found the prisoner in a house of one Ann Gordon 's, in Black-horse-yard; I knocked, and they would not let me in; the window was open, and I got into the window: Mrs. Symonds went with me; I went up one pair of stairs, and saw some things lay in the middle of the room; I called up Mrs. Symonds, and she owned them, and found the prisoner in the one pair of stairs; I went up stairs and saw her; the second time she delivered me this top of a mustard-pot, and this silver spoon, and a parcel of duplicates in her pockets; one of them was for a bed-gown and a child's frock; she denied having any more; I opened a closet, and there was a parcel in a dimity petticoat: Mrs. Levy owned them; these stays were taken from her body; on the shelf in the closet there was some meat and a piece of polony; the girl was apprehended.

(The things deposed to.)

Prisoner. My mistress gave me a very strict charge never to let Mr. Mordecai into the place, for she had missed many things.

Mrs. Symonds. I saw the top of the mustard-pot and the spoon taken out of her pocket, and the stays from her body.

(Deposed to.)

GUILTY .

Whipped .

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

Reference Number: t17901027-76

764. ELIZABETH ROBINSON , alias BATEMAN, alias BENTLEY , was indicted for stealing, on the 22d of September last, two pieces of muslin, containing in length forty yards, value 14 l. the property of Joseph Champney , in his dwelling-house .

Mrs. CHAMPNEY sworn.

I am the wife of the prosecutor; he is a linen-draper , in Cheapside . On Wednesday, the 22d of September, I was in the shop about four o'clock in the afternoon: the prisoner came into the shop, and desired to be shewn some plain muslins; she sat down in the front shop, near the partition that divides the front and the back shop: William Devass , our apprentice, shewed her some plain muslins; soon after she came in, came in two other women, desiring to be shewn some purple and white callico; I ordered a bell to be rang for some person to come down and shew them; a sister of mine came down, who is not used to the shop; I ordered her to shew them ladies some purple and white callicoes, and I would tell her the price; the women answered they were not in a hurry: our young man of the name of Bonum, desired them to walk into the back shop, and took them from my sister; very soon after I was going into the back shop to get change for a bank note, having done with the customers I had been engaged with; I went to a desk at the end of the back-shop, and I saw the prisoner walking gently up to the end of the back shop, on the left hand side; she turned up a wrapper in which there were several quantities of clear-starched muslins, and muslins not starched; she put her hand between the fold of one of them that was not starched; she then turned round and looked about her; I was about two yards from the counter and from the prisoner, and elevated about three feet from the ground; I passed her to the desk; she then turned round and drew the muslin with her right hand off the counter, which she had before looked at; she turned quickly round, and walked as fast as she could down the shop; I saw the muslin hang by her side at the distance of two yards from the place where she took it; I ran after her as quick as I could; but in getting down from the desk, I lost sight of her for a moment; I overtook her in the front shop, near the place where she first sat; I took her by the arm, and I said, give me the muslin that you have just now stolen; she said, muslin! I do not know

what you mean, and immediately began unpinning her clothes in the shop; just at the time that she began to unpin her clothes, two women that were in the back shop, and the only persons that were in the back shop, attempted to get between me and her; I said, she could not be so indecent as to strip in the shop; when these women attempted to get between me and her, I took one of them by the arm, and said, these women belong to you; I did not hear the answer; and at that moment the prisoner got up to walk up stairs to be searched, for she had sat down on the stool she had before been sitting on; I ran down, and returned up stairs; I left her in the company of two ladies and my own servant; I left her a very few minutes; I returned, and nothing having been found, I searched her myself, and did not find any thing: the prisoner then desired to be left alone with me in the back shop, and she was; she then proposed paying for the muslins that were lost! for Mr. Champney had searched, and missed two pieces, which he said he had seen half an hour before; she then said, madam, I am willing to pay you for the muslins, which the gentleman says come to fourteen pounds, or any other recompence; I said, I wanted no recompence, I wanted my muslins; she said she did not know where they were; I said, then you are willing to deposit the value of the money, which appears to be fourteen pounds, which shall be returned to you tomorrow, if the muslins are returned, and no questions asked; she said, I will if I can, but I do not know; I then said, I must consult Mr. Champney; and in the presence of the prisoner, he positively refused accepting any compromise; Mr. Champney went out, and returned, and said there was no alternative, he must take her to the Compter; she then took out a watch which appeared like gold, and I think she said was gold, and said to us both, I will leave this also, if you will let me go.

Mr. Knowlys, Prisoner's Counsel. You will recollect this person at the bar is of the same sex with yourself, and her life is the consequence of this enquiry? - Yes.

Besides that, she meets this charge boldly, and comes in to take her trial? - Yes.

This was on the Wednesday? - Yes.

You have already told me that your shop was full of customers? - Yes.

You had brought down a sister not used to serve in the shop? - Yes.

Your customers that you had served, were waiting for your change? - Yes.

At that time, likewise, you had a great deal of business? - Mr. Champney had four customers, and I had three.

You was willing to get this change as expeditiously as possible? - Certainly.

You was in the back shop, and in a visible situation? - Not visible.

This person might have seen you go there? - I do not know that; I passed on one side of the counter; she was on the other side, and was sitting; I passed by her side; I had a bill to make at the desk; I had been selling some articles; I had then to unlock a desk to take out some money, and to reckon the change.

Did you observe the prisoner with a large handkerchief in her hand at that time? - I do not recollect; I am very sure she had not, because I saw both her hands; I saw one hand turn up the wrapper, and the other was under the muslin.

Did not you see a cambrick handkerchief in her hand at that time? - I did not.

You will not swear there was not? - I will not.

You overtook this lady near the partition, when you came up to her? - Yes; she had not passed any other people, but the two women that were in the back shop.

When you saw these two women, did you openly say, that any person might hear you, you must be concerned? - I said it as loud as I do now; there were a good many customers in the shop.

These two persons were gone, though you had given your public intimation of your opinion? - Yes.

The lady immediately expressed a great

deal of surprize at the charge? - She said, muslins! I do not know what you mean, and sat down on the stool.

How many persons have you serving in your shop? - Mr. Champney, myself, a young man, a porter, and an apprentice; the porter never serves, but he was in the shop: it is probable all these people had been in the shop; I do not recollect whether I served or not.

The lady was then taken up stairs, and thoroughly searched, and nothing found upon her? - She was.

Did not the prisoner say, very possibly you have lost them, or have disposed of them, not knowing it; I will leave the value of the muslins with you, and if you do find them you shall return me the money? - No such words.

Now I tell you that Mr. Dunn is here, who heard it, and I shall certainly call him? - You are very right to call any body; there was no creature in the back shop, nor did I at that time know that any creature was near.

Your servant was listening, and heard every word? - What she said was said in the way I first stated it.

Was it proposed that fourteen pounds should be left, supposing you had mislaid the muslins? - I did not hear it.

Nay, this is a very important part of the conversation; will you swear that did not pass between you and the prisoner in any part of the conversation? - I will swear it.

How came you to tell me that you said, then you are willing to deposit the value of the muslins? - I did, in answer to what she had before observed; it was merely repeating what she said; she said, I will give you the money; and the gentleman said, they cost fourteen pounds; in answer to that I said, then you are willing to deposit the value of the muslins, which shall be returned to you to-morrow, if the muslins are sent back, and no questions asked: there was never any idea of the muslins being mislaid, because I was positive as to their being seen.

There was never any consent on your part to take this fourteen pounds? - Not on my part, any further than as she said; I said, then I must consult Mr. Champney.

Now I ask you, whether fourteen guineas were not actually received from the prisoner, and fourteen shillings returned in change, as the residue above the fourteen pounds? - There was not: I will explain that: Mr. Hodson, a neighbour of ours, a wholesale linen draper, was sent for; Mr. Champney had about two days before bought these very muslins of him: he understood the loss was fourteen pounds; and he said, he thought there could be no harm in his taking the money, supposing she returned the muslins, or gave up the parties concerned; she took out her purse and laid down fourteen guineas; she said, the gentleman says the muslins come to only fourteen pounds, therefore I must have change; Mr. Hodson asked me to give her change; I said, no; I will not; I have nothing to do with this good lady; he gave me a guinea, and I gave him the full change; the whole of the money lay on the counter; it was never taken up by any person; then Mr. Champney returned immediately, and said, there was no alternative, he must take her to the Compter.

Has not your husband told you, that he went out to ask advice on that business? - I do not recollect that he has told me.

Did not you tell the magistrate so? - He returned and said, there was no alternative.

What did he go out for? - I do not know; I suppose to ask advice: I asked him if he had seen any person on the business? he said, no; he, himself, said, he could do nothing; and, I believe, before the observation, he said, my dear, I can do nothing in the business, for it is compounding felony.

How long after you had given the information before the magistrate was it that the person at the bar was bailed? - I believe it was that day week.

You say, she came in before the other persons? - Yes.

JOSEPH CHAMPNEY sworn.

On Wednesday, the 22d of September last, I lost two pieces of muslin, each piece containing twenty yards; one cost me six pounds, the other eight pounds; they were in a wrapper with some other muslins, laying in the left hand corner of the shop: about three in the afternoon I had occasion to take a piece from that wrapper, not having any of that sort of muslin in the cut wrapper, I took a piece from there, and that was the piece which cost me eight pounds; I left in the wrapper the piece cost six pounds, with the other muslins, and threw the wrapper over them; I looked at each piece at time; I took the piece of eight pounds out to the opposite counter; I shewed it to some ladies; it was not approved, and I left it on the opposite counter; the piece of six pounds I left in the wrapper covered over; every customer that was in the shop at the time we missed the muslin, except two, continued in the shop; except the two women that were in the back shop, that Mrs. Champney had suspicions of.

Was you present at time Mrs. Robinson was examined at Guildhall? - I was.

Mr. Garrow. Was that examination taken in writing? - I believe not.

What passed? - On being charged in my shop with having taken a piece of muslin, she denied it: on being examined, no muslins were found upon her; when she came down stairs, she requested to be left alone with Mrs. Champney, which I objected to: the prisoner offered to pay me for the muslin in the back shop; I refused; she afterwards offered to give me the value of the muslins and a watch, to let her go; this I refused, and took her to the counter: at Guildhall she said, she walked up to the further end of shop, where we charged her with taking the muslins, and that she took a white handkerchief out of her pocket, in her hand, which she said, she supposed Mrs. Champney had mistaken for a piece of muslin: she said, she saw on the counter some pretty patterns of purple and white cotton.

What stock had you on the counter at that time? - There was the wrapper containing the muslins, there was a large piece of printed cotton, and printed callicoes.

Were those callicoes folded the right or wrong side outwards? - The wrong side outwards.

Were there any patterns of purple and white on that counter? - No, there were not.

At the time you took her did she give you her purse? - At the time she was charged, before I took her took her to the Compter, she did: she said, her name was Robinson, No. 5, Corporation-row.

Did you hear her say any thing about her address afterwards, or her name? - As to her name, I did not; but at Guildhall, on her examination, when she was admitted to bail by Alderman Watson, she said, she was a married woman, and lived in Bowling-green-lane.

Mr. Garrow. If I understand you right, the muslins contained in the wrapper had been brought into your stock a few days before? - Yes.

So recently that you had not had opportunity to put your shop mark on? - I had not done it.

It was at the commencement of the mourning for the late Duke of Cumberland. One of the pieces that you lost, you had yourself removed from that wrapper to another counter? - I had.

Therefore the piece which the present indictment supposes this woman to have stolen, must have been taken one from the wrapper and the other from some other part of the shop? - Yes.

Was you within hearing of what Mrs. Champney said to this woman at first? - I think I was: upon that this woman sat herself down on a seat where she was.

She was proceeding to open her clothes in a way that your wife thought not so proper? - She was.

While she was up stairs the two other persons went away? - Yes.

You said,

"she offered to pay me for the muslins that I had lost, which I refused,

and took her to the Compter?" - No; she offered to pay me for the muslins that I had lost: she was some little time in the shop; during that period I wanted to find the two women that we thought were connected with her.

Then you went out of the shop? - Yes.

How long might you be gone? - Not ten minutes.

Did you go to Mr. Hodson, your neighbour? - No; I had gone in there before.

Did you desire him to come to your house? - I think I did: when I went out I went to Mr. Medcalfe, an attorney, on Dowgate-hill.

We know him as a very respectable and a very able man. Did you mention to your lady when you returned, that you had been at Mr. Medcalfe's? - I do not think I did till afterwards.

You mentioned that you had been, and the conversation that passed between you? - He was not at home.

What did you go to Dowgate-hill for? - I had some time ago been unfortunate, and went to consult Mr. Medcalfe what was best to do in the circumstance.

Did not you go to him to know whether you could safely accept the proposal of fourteen pounds? - No; I did not.

That you swear positively? - Positively.

Do you recollect what you said when you came back? - I believe I said Mr. Medcalfe was not at home: I consulted nobody else.

Did not you say, I am advised that there is no alternative; it must not be taken; you must go to the Compter? - I believe I might say to the prisoner, that there was no alternative, and that I was so advised.

What was the other alternative that was expected? - Giving up the two women that were suspected.

Was not it this, to take what perhaps there is no great moral guilt in doing, to take the price of your goods and let her go, or to take the money? - The object was to take the other two women; for had I been inclined to take the money I might.

Did you expect to find the other two women were to be found at the office? - No; I did not.

Did not you see fourteen guineas laying on the counter? - I was no nearer the counter than I am to you.

Did you recollect how the guineas came there? - I understood that it was some money which the prisoner wanted to pay.

Did not the prisoner say, that as to producing your muslin, that was a thing she could not undertake for, but the price of them you was welcome to take? - She wanted to pay for the muslins to go about her business.

Was not it put to her, that if she sent back the muslins, she should have her money? - Not by me.

Do not you know that it was stated to the prisoner, that if the next day she would bring the two pieces of muslin no question would be asked of the person bringing them, and she should have back the fourteen guineas? - I know it from information; I knew that when she offered to pay for the muslin: Mr. Hodson upon my refusing to take the money, had a great wish to retain the money till the muslins could be produced, or the other women given up; and in that sort of way I was informed that proposal had been made.

Was not the answer of the prisoner to that proposition, that she could not undertake to bring back your muslins, but that the money you were welcome to, for she desired to go about her business? - She wished to give me the money and watch to lei her go; she said, she did not know that she could bring the muslins.

The woman was since admitted to bail by a worthy magistrate, and here she comes to take her trial? - Yes, Sir.

WILLIAM DEVASS sworn.

Have not you been here all the time your master was examined? - Yes.

Mr. Garrow. Let him go.

Mrs. PICKFORD sworn.

I was at Mr. Champney's shop in Cheapside, on Wednesday, the 22d of September;

I was in the front shop; I saw the prisoner there; there were two women close by her; I did not see them come in; I saw the prisoner sitting and the other standing: I did not hear Mrs. Champney make any accusation against the other women.

Prisoner. I leave it intirely to my counsel.

WILLIAM BAYLEY sworn.

I have known the prisoner about ten years; I always understood she bore a very good character; I saw her the morning she went to Mr. Champney's shop; I went with her.

Had she any woman in company with her? - Nobody but her and myself; I went with her to the door.

(Cross examined.)

Have you been intimate with her lately, to call upon her, and see her frequently? - No, Sir; I cannot say I have.

Where has she lived lately? - The last place she lived before this was, I think, in Leather-lane; the last place I think they call Clerkenwell-close.

How lately is it that you have seen much of her and been intimate with her? - Why, Sir, the little intimacy I had is not with her, but her husband.

Mr. Garrow. Both husband and wife have lived together as reputable people? - Yes; and they have dealt at my house in the country.

MARY BODENHAM sworn.

I have known her eight years, and every thing that I know of her was the best of characters; I never knew any thing dishonest since I had the pleasure of knowing her.

Court. What business does she follow? - Her husband has an independance of his own.

Does she live with her husband? - She does: I have known him and his family ever since I can remember.

What is her husband? - He is in the hop and malt way.

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

Court to Mr. Champney. What is the distance between the two counters where those two pieces of muslin were? - The width of the shop between the counters is about two yards, as I suppose, where I left the muslins, was four or five yards from each other.

And they were on two counters? - Yes.

FRANCIS DUNN sworn.

I am one of the assistants at Wood-street Compter: a person was sent for: I went to Mr. Champney's shop to offer any assistance.

Did you hear any proposal made from Mrs. Champney to the prisoner? - I cannot recollect I did.

PRISONER's DEFENCE.

I had a handkerchief in my hand, which she took for the muslin: Mrs. Champney was the woman that proposed my paying the money; she kept me two hours and a half before she sent me to prison, and then expressed the greatest anxiety on the occasion.

The jury retired for some time, and returned with a verdict

NOT GUILTY .

Tried by the second London Jury before Mr. RECORDER.

Prisoner. My lord and gentlemen of the jury. I beg leave to return you my sincerest thanks, and I will always endeavour to remember your goodness.

Reference Number: t17901027-77

765. JOHN MARSH was indicted for stealing, on the 26th of October , a wooden carravan box, covered with paper, value 3 d. a thread laced cap, value 5 l. a laced handkerchief, value 20 s. a pair of robbins, value 10 s. an apron, value 10 s. a handkerchief, value 10 s. a shawl, value 20 s. the property of Ann Harrison .

The witnesses examined separate.

ELIZABETH MARIA CHURCH sworn.

I went to the Oxford Arms in Warwick-lane, on the 26th of October, to fetch a box which came from Southampton; there were two boxes; I saw the boxes put into the Islington stage coach, between a quarter and half an hour after five in the afternoon, at the Oxford Arms: I went to the Exchange ; the coach stopped then, and filled with passengers, and the boxes were obliged to be taken out; I saw this box in the boot; I heard the cry of stop thief! several times, but I did not know it was the box that was in my care: the coachman came to the coach door, and said the box had been stolen: the box came safe home: I am sure it is the same box.

WILLIAM FIELDER sworn.

I am a coachman. I drive the Islington stage. I brought this lady from Islington to the Oxford Arms: I took two boxes to the Change; then I had five passengers; I took out the trunks, and put them in the boot, and I left a man in charge of the boxes, while I went up to the office to take the money; that is John Elder ; when I came back the trunk was gone.

JOHN ELDER sworn.

I am a coachman. I looked after the boot, and I was the off side of the horses, and a person came and asked me the way to Shoreditch church, and I saw the box go off on the near side, and I run after him as hard as I could, and made him drop it; I called stop thief! the man was stopped; I could not run away from the box; I could not swear to the man: it was the dusk of the evening: a porter stopped the man; his name is Smith.

Mr. Garrow. It was too dark for you to know the man? - Yes; it was dark.

CHARLES BROWN sworn.

I am clerk to a merchant in Austin Fryers, to Messrs. Minett and Fector. I saw the prisoner drop a trunk; and afterwards he was pursued, and taken to the Compter; I am sure it was the prisoner: he might have got twenty or thirty yards; I followed him a little way; I had my eye on him all the way.

Are you enabled to say, that the man who was stopped was the same that dropped the trunk? - Yes.

You are sure of it? - Yes.

Did you lose sight of him at all? - I did not.

Mr. Garrow. You did not know the man before? - I never saw him before; I only saw him drop the trunk; I saw the same trunk before the Lord Mayor.

JOHN SMITH sworn.

I stopped the prisoner: he twisted my fingers, and strained them, and struck at me, and kicked me; I secured him: he struck me in the Compter afterwards, and said, he should know me again.

ABRAHAM SCHOFIELD sworn.

I am constable of Coleman-street. I took him to the Compter.

Prisoner. I know nothing of it.

(The box produced and deposed to by Miss Church.)

The things are the property of Ann Harrison , widow: I have seen my grandmother wear the things; I am sure they are her's.

(The things deposed to also by Mrs. Harrison.)

GUILTY .

Transported for seven years .

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

Reference Number: t17901027-78

766. MARTHA MILLER was indicted for that she, on the 17th of September , at the parish of St. Margaret, Westminster , being with child of a male child, the said male child alone and secretly from

her body, by the providence of God, did bring forth alive, which male child, by the laws of this realm, was a bastard, and that she afterwards did make an assault on this male child, and with both her hands, into a certain privy, wherein there was a great quantity of human excrements and other filth, did violently cast and throw, by which the said male child was suffocated and smothered, of which it died . She was also charged with the like murder on the coroner's inquisition.

CATHERINE GRIFFIN sworn.

I am a midwife. I know the prisoner, by attending her when called on, the 17th of September; I found her on the bed not quite delivered, and I finished my business; the child was born, but she was not quite delivered; I saw the child; it was taken from a water-closet; it appeared to be a full grown child, and perfect in every respect: it appeared that the prisoner went to this necessary from the common feelings of every woman that is delivered; and that from ignorance of her state, she went there to relieve herself; and that the child might have been still born, from her ignorance of rendering it proper assistance; there was not the least mark of violence; some little things were provided for it.

HANNAH BINEY sworn.

The prisoner lived with me about ten or eleven weeks; I suspected sometimes that she was with child; I called her up about half past six; she got up and made the fire; I went to market about seven, and did not return till very near nine; and she was at the water closet very bad; she said she had swooned away twice, dead; so I looked, and found the baby in the place; she seemed a very good girl.

MARY THORNHILL sworn.

I did keep a green-grocer's shop. I have known the prisoner from her birth. (Produced a shirt and a clout, and three caps.) These I gave to the prisoner.

SARAH CAINES sworn.

I am nurse of the ward where the prisoner was brought to; I took these things out of her pocket (a shirt and cap); I took these other things out of her box.

ARCHIBALD HARRIS sworn.

I am a surgeon. I saw the body of the child; there were no marks of violence.

Prisoner. The child dropped from me at the necessary.

NOT GUILTY .

Not guilty on the coroner's inquisition.

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

Reference Number: t17901027-79

767. JOHN SHEPHERD was indicted for that he, on the 18th of September , a bay gelding, price five pounds, the property of Richard Bond , feloniously, unlawfully, wilfully, and maliciously, did maim, by cutting the tongue of the aforesaid gelding, three inches in length, against the statute .

A second Count, for wounding him, by cutting his tongue three inches in length.

RICHARD BOND sworn.

I am a farmer , at South Mimms . I had a bay gelding wounded; I saw it the 19th of September; it was at grass; I kept it in a field near the house; I saw it between six and seven in the morning; I seldom missed a day seeing him; but I cannot positively say to a day; I observed part of the gelding's tongue hanging out of his mouth; a part he appeared to have gnawed entirely off; and the remainder hung in rags, occasioned by his having gnawed it: I sent for the farrier; the tongue was very much inflamed, and appeared to have been cut; but it was so swelled, I could not see whether it was cut or not.

Did it bleed much? - It did not bleed then; the tongue was dead; there was no blood; I attended at different dressings of

the horse's tongue; the horse is alive now; the tongue was injured to a certainty; but I cannot tell how; the prisoner was my weekly servant.

Court. Had you and he had any quarrel? - No.

JAMES LONG sworn.

I am a farrier. I saw this horse the 19th of September, when Mr. Bond sent to me; part of his tongue hung out of his mouth, between two and three inches; and he could not get it into his mouth; and it was swelled, and mortified; it had been done, I suppose a week before; it appeared to have been cut with scissars, and had been dressed with vitriol water, or something; the other piece is getting found.

DAVID GIBBS sworn.

I was there the very morning, on Sunday morning, the 19th, when the man put the horse in; he came to his master, and said, master, the horse's tongue is out; then he came to my house, and said he would do the other horse an injury, if his master did not let him have a horse called Boxer, to go in the team.

WILLIAM SHORT sworn.

On the 18th of September, I saw the prisoner have hold of the horse's tongue, and paid him with the end of the whip over the head; the horse had just shot a load of dung coming back from London; and the horse bled in a terrible manner as he came past me, with his tongue hanging out of his mouth, about a hundred yards off the place: I am a labourer to Mr. Bond; I was making a rick; I had drove the horse; he was a very quiet handy horse, as a man need to have; the horse lives now upon hay and grass; he cannot eat any corn.

Prisoner. That man was twenty pole off me; he was on a stack of hay of five loads; and there was another stack between us of twenty-five loads.

NOT GUILTY .

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

Reference Number: t17901027-80

768. THOMAS BOLTON was indicted for a rape on Ann Cadwell .

NOT GUILTY .

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

Reference Number: t17901027-81

769. EDWARD RORKE was indicted for the like offence on Sarah Carry .

NOT GUILTY .

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

Reference Number: t17901027-82

770. ROBERT PALMER was indicted for the like offence on Sarah Surridge , spinter .

NOT GUILTY .

Tried by the second London Jury before Lord KENYON.

Reference Number: t17901027-83

771. ALICE DAWSON was indicted for perjury .

Henry Atkins , Christopher Doddon , George Brooke , Eleanor Atkins , and Thomas Peachy called on their recognizance, and not appearing, the prisoner was

ACQUITTED .

Reference Number: t17901027-84

772. MARY BENFIELD was indicted for uttering a bad six-pence, to defraud John Weldon , knowing it to be false and counterfeit .

A second Count, for uttering it, having more about her.

JOHN CHAPPEL sworn.

I servant to Mr. Weldon. The prisoner came to buy a savilloy, and offered a bad six-pence; she would not change it, and insisted on having a constable. My master came out of the parlour, and he said there was a constable at hand; and he searched her right hand pocket, and found some halfpence; he perceived she had something clenched in her left hand; she refused to let him see; he tried till he was out of breath; and I tried, and opened her hand; and in her hand were three bad six-pences; I never saw her before to my knowledge; I gave the six-pences to my master.

JOHN WELDON sworn.

I keep a pork-shop on Snow-hill . I know the prisoner; I came into the shop on hearing a noise; I found my servant had refused a bad six-pence; and the prisoner was using bad language, and threatened to fetch a constable; I told her she need not go far, I was a constable, and suspected her; I searched her, but not in a great hurry, and observed her in the mean time put her hands in both pockets, and shift them about; there was in her right hand pocket about three-pence, and some other things; I saw her left hand clenched; says I, what have you in your left hand? no man shall know, says she; and in her hand was found three bad six-pences: (produced): the six-pence I received from my servant is among them.

Prisoner. The young man knows my halfpence were bad; a man gave them to me as I was in distress.

GUILTY on both counts .

Imprisoned a year , and to give security .

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

Reference Number: t17901027-85

773. ANGEL LEVY was indicted for uttering a counterfeit shilling .

(The case opened by Mr. Reeves.)

WILLIAM HOMEWOOD sworn.

I live in Botolph-lane; I am a fruiterer. I know Levy; he came to my house the 16th of August; he bought a hundred and a half of lemons, which he paid me four and six-pence for; and I put the money into my pocket without looking at it; in a few minutes after another Jew bought some lemons, and in giving him change, I found his money was bad; the one and six-pence I had in my pocket was good to the best of my knowledge; but I did not notice it at all; the first time I did not observe them; about three or four in the afternoon, he came again; I then sent for the constable; and when he came, I ordered him to search him, which he did, and found some more bad money; the constable has it.

NOT GUILTY .

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

Reference Number: s17901027-1

The Trials being ended, the Court proceeded to pass Sentence as follows:

Received sentence of death, 11, viz.

No.

Biggs, Joseph, alias Page, John 755

Burbidge, William 750

Dunckley, Thomas 701

Jobbins, William 705

Ivory, Edward 718

Lowe, Edward 705, 717

Royer, James 718

Smith, James 718

Storey, George 692

Sullivan, James 755

Tyler, Thomas 695

To be transported for seven years, 36, viz.

Allwright, Thomas 703

Ashley, John 735

Betson, John 754

Bright, Bridget 710

Campbell, Ann 759

Cooke, Ann Mary 696

Dixon, Ann 759

Edborough, William 707

Franklin, Ann 751

Harding, John 732

Harrison, Mary 728

Hipwell, Mary 702

Hobbs, Robert 737

Johnson, Richard 723

- Mary 729

Lawrence, John 740

Leeson, Hannah 709

No.

March, John 762

Martindale, Jonathan 726

Matthews, Thomas 754

Nicholls, Thomas 712

Parker, Mary 694

Pank, Thomas 754

Patrick, John 704

Perry, Robert 758

Phipps, John 725

Prosser, Joseph 714

Ransom, Robert 713

Robbins, Thomas 732

Saunders, William 747

Taylor, John 753

Timms, Edward 745

Watts, Mary 734

Wilkinson, Ann 722

- Mary Ann 759

Waring, James 749

To be imprisoned twelve months, 3, viz.

Elizabeth Holmes (fined 1 s.) Ann Jeffreys (fined 1 s.) Mary Benfield .

To be imprisoned six months, 2, viz.

John Stewart (fined 1 s.) Ann Riley (fined 1 s.)

To be whipped, 4, viz.

Morris Haley , Maria Griffin , Michael Sheridan, Susannah Cooke .

Reference Number: a17901027-1

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