Old Bailey Proceedings, 8th December 1790.
Reference Number: 17901208
Reference Number: f17901208-1

THE 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 8th of DECEMBER, 1790, and the following Days;

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

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

NUMBER I. PART I.

LONDON:

Printed for E. HODGSON (the Proprietor); And Sold by 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, High Holborn.

MDCCXC.

N. B. The Sessions Papers will be comprised in Two Parts only for the future, by Order of the Common Council.

THE 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 JOHN BOYDELL , LORD MAYOR of the City of London; the Honourable Sir WILLIAM HENRY ASHURST, and Sir FRANCIS BULLER , two of the Justices of his Majesty's Court of King's Bench; Sir JOHN WILLIAM ROSE, Serjeant at Law, Recorder of the said City, and others his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Gaol Delivery of Newgate, holden for the said City and County of Middlesex.

London Jury.

Robert Roberts

Philip Eldon

William Lawrence

Abraham Ord

Henry Freeman

Edward Chappell

Pollard Jocelyn

Thomas Lawford

Fenton Robinson

Henry Hall

Edward Strickland

John Burgham

First Middlesex Jury.

Joseph Smith

Thomas Setree

Peter Baker

Peter Leete

Philip Cornman

William Charpentier

William Way

Edward Barry

Thomas Nevett

William Lovegrove

William Coltman *

* Gideon Charpentier served part of the Third Day in the room of William Coltman.

Thomas Francis

Second Middlesex Jury.

Richard Bowen

Thomas Bromfield

George Langdon

Benjamin Reynolds

William Norris

John Middleton

Samuel Bayley

William Hennings

John Edwin

Robert More

John Kirkby

John Hemmell

Reference Number: t17901208-1

1. EDWARD WELCH was indicted for that he, on the 4th of December instant, not having the fear of God before his eyes, but being moved and seduced by the instigation of the Devil, with force and arms, feloniously, wilfully, and of his malice aforethought, on one Margaret Lane , in the peace of God and our

lord the king, then being, did make an assault, and that he with a certain clasp knife, of the value of sixpence, which he in his right hand, then and there had and held, on the lower part of the belly of the said Margaret, feloniously, wilfully, and of his malice aforethought, did strike and thrust, giving her by such striking and thrusting as aforesaid, one mortal wound, of the breadth of one inch, and of the depth of three inches, of which mortal wound the said Margaret languished from the said 4th of December to the 6th, and languishing did live, on which said 6th day of December the said Margaret, of the said mortal wound aforesaid, did die; and so the jurors on their oaths say, that he, the said Edward, her the said Margaret, feloniously, wilfully, and of his malice aforethought, did kill and murder .

He was also charged with the like murder on the coroner's inquisition.

The case opened by Mr. Garrow.

ELEANOR BURKE sworn.

I live in High-street, Bloomsbury, No. 23 . I am a married woman. I know the prisoner, and the poor woman that lived with him, Margaret Lane; they lived together as man and wife: I lived in the same house: they had lived there going on four months: they used to porter fruit in Covent-garden. I remember the prisoner coming home on Wednesday, the 4th of December, down stairs, without a bit of hat on his head, and with tears in his eyes, and he said, there now, this woman is not at home before me now; I said, she was not gone far, but went out for something she wanted; at the same time he said, I will do for her to night; says I, Ned, for Christ's sake do not have any words in the house to night; he said then, that he would do for her, and give her her guts for garters; he ran up stairs, and I heard the murder going on; I did not hear the woman come in; and I heard the woman crying murder as soon as he got up stairs; she kept crying murder, Nell Burke ! murder, Nell Burke ! I listened still, and heard her speech getting very weak; I did not go at first, because there were often such cries; I thought he was beating her, or pulling her hair; then I went up into the room, and she was crying, Ned, my life! my life, Ned! and so on: on my opening the door, she was on the furthermost side of the room; he was between me and the door; she was standing, leaning back, with her hands by her side, against the wall; he was standing staring in her face, close enough; he had something in his right hand, which I could not tell what it was; he had a candle in his left hand, and he was stabbing her in my sight, all the while before me, and also before I got into the room; I saw him stabbing her; and he said to me, what brought you here, you whore? I will serve you the same; when I saw the man stabbing the woman I got as soon as I could on the landing-place; I bawled out, murder! the woman is done for; then I called out, Mrs. Thorpe! Mrs. Thorpe! the woman is done for now: Mrs. Thorpe lived in the floor facing me: she sent me to the shop to get a man to go up; I could not get ever a man there; then I went to look for the patrol, and when I came back I found Mrs. Thorpe and the patrol at the door; I was not absent half an hour: we went up stairs in the prisoner's room, and found her on the flat of her back, on the floor; we all went into the room: the prisoner was standing on the landing place, in custody of a constable: I supported the deceased's head; I saw her guts out of one side: the poor woman said nothing to me, only to undo her stays and things, for she was swelling up so much, she said, and to send for the doctor, and the gentleman, the clergyman, that she should confess to him: as the prisoner was taking to the justice, he said to the deceased,

"Peggy, was it not the scissars that did it, that were hanging to your side when I wanted to get the money out of your pocket?" and she made him no answer; and he said,

"Peggy, will you not go to see me in the round-house tomorrow?"

but she made no answer: she was laying on the floor, on the broad of her back: the wound was the right side of her belly: she was taken to the hospital about six o'clock; it was not full five when it happened: it was on a Saturday night, and she died on the Monday: they would not let me into the hospital: I saw nothing picked up in the room.

Mrs. THORPE sworn.

I lived in the first floor of this house: the prisoner and the deceased lived there together, as man and wife, about four months: I was sitting in my own room: my door was shut: I was at work: I heard desperate cries of murder, from the two pair of stairs back room, which was the prisoner's room; it was Hannah Lane's voice: I did not attempt to go out of my room, because they were very frequently fighting, and there were often cries of murder; Mrs. Burke went up, and she came down, and alarmed me; says she, Mrs. Thorpe, the woman is killed, come up for God's sake: I went up, and saw the situation she lay in: Welch was standing in the middle of the room, with a knife in his hand, and the deceased laying on the floor, and I ran down stairs, and got the assistance of the constables and patrol; and as we were going up the prisoner was coming down stairs; he had got down one pair of stairs: this had made a great alarm: I told him to go up stairs again, and not be a fool; I asked him how he could do such a thing; and he said, damn her eyes, it was her own scissars; then he returned, and went up first, and we followed him: the deceased was laying as we left her; we took up a light; I saw no other: he got in a little before me, and when we got in he was standing in the middle of the room, with a knife in his hand, which he threw under the table; and the deceased said, for God's sake, Mrs. Thorpe, fetch me a woman and a doctor; I saw her situation; she kept swelling very much; I cut her petticoat strings; she was not unlaced; the wound was in the right groin, the lower part of the belly; and I saw her entrails very much out through the wound; the patrol took the man out of the room while we examined the body more; and I went for a doctor; but I was so frightened I could not get one at all: she kept swelling so much: the patrol cut her petticoats off: I desired Martha Reardon to pick up the knife, which she did, and gave it to me, and I gave it to the patrol; it was a pocket clasp knife, with a picked point; it was very bloody; the blood was wet upon it; she called out for a clergyman, for she was a dead woman; then she was taken to the hospital; I heard nothing more: I saw her no more.

Was the knife the same the prisoner had thrown away? - Yes.

Are you sure of that? - Yes.

Court. In undressing the woman did you observe any scissars by her side? - I did not.

Did she used to wear any scissars by her side? - I never saw any.

MARGARET REARDON sworn.

I lived in the same house; I went up into the room after the patroles took the man to the round-house: I picked up a knife from under the table; Mrs. Thorpe desired me to pick it up; I gave it to her, and she gave it to the patrol; it was full of blood; I did not take notice whether it was fresh or dry blood.

Prisoner. Have not you a warrant against me? - My husband has.

SAMUEL WRIGHT sworn.

I am one of the patrol. I went to the house. Mrs. Thorpe delivered me a knife: it has been in my custody ever since: I was before the magistrate, Mr. Walker: this knife was produced; the prisoner said, if he was hanged for it, this was his knife, several times.

(The knife produced; a large elasp knife with some blood on it.)

CHARLOTTE BARKER sworn.

The deceased had been to my sister's

shop for some potatoes; I served her with some, and my sister served her with a penny candle; in about ten minutes, to the best of my knowledge, I was alarmed with the cry of murder; I saw the patrol coming, and I sent them up; I followed them up stairs; the deceased was sitting on the floor, with one knee up, and the other stretched out; she asked me to fetch her a minister and a doctor; I went down stairs, and fetched a surgeon, Mr. Cartwright, and I stood by one side of her, and I saw a pair of scissars lying fastened to the string of her apron; I had seen the wound; and I asked her if the scissars had hurt her; she said, no, he did it with a knife; the prisoner was then gone to the justice's: there was no blood on the scissars at all.

Court. Did she explain who she meant by he? - No, she did not; she was very faint.

Did you repeat the question? - No; I was glad to get out of the room.

JAMES PINNOCK sworn.

I am the constable; I took the prisoner with the two patroles. She said, she wanted a woman and a doctor.

Mr. Garrow to Mrs. Burke. I believe you Irish women call a midwife a woman? - Yes.

Pinnock. The prisoner said he had been taking some money away from her, and the scissars had run into her side.

THOMAS CARTWRIGHT sworn.

I am apothecary to the united parishes: I was called upon to see the woman; I found her lying on the floor, and a wound on the right side, on the lower part of the belly, and the intestine protruded about four inches; I found the wound so small (being about an inch in length) I found it impossible to reduce the intestine without making the incision much larger; I went to the hospital, and saw the intestine reduced.

Mr. Garrow. Now by the smallness of the wound, and by its size, could you form a judgment whether it had been made by a cutting instrument or by a puncture? - It appeared to have been made by a cutting instrument; I saw the intestine at the hospital, and it was cut through, which confirmed my opinion, that the wound was made with a knife.

JOHN DINGLE sworn.

I am resident house-surgeon of the Middlesex hospital. I saw this deceased: there was a small wound made in the lower part of the right side of the belly, through which a considerable portion of the intestine had protruded: after this woman was considered by me in a dangerous state, and she so considered herself, she said to me that her husband had stabbed her with a knife, and before that he had struck her on the head with a small stick.

Who did she mean by her husband? - The prisoner. She died on the Monday morning; the wound she had received was the cause of her death.

From the appearance of it, could it be made by the puncture of a pair of scissars, in a struggle between two persons? - In my judgment it certainly could not, as the intestine had been cut through; I have no doubt but it was done with such an instrument.

PRISONER's DEFENCE.

I had not seen this knife that was produced at the justice's for some time, the week before; it did belong to me; I had not seen it since Tuesday or Wednesday: on this Saturday morning I did work for Mr. Dumay, in German-street, at the Gun Tavern : I had not a load for this woman, for us both together, as usual; on my return I had half-a-crown in my pocket, which I had earned; I gave it to her to buy provision for the next day; my small clothes were dirtied in carrying these things, and she told me I had dirtied them with a servant maid below stairs; then I went with two bushels of coals, and returning back to my apartment I found my room door open, and nobody in the room; I came down to Eleanor Burke , and asked her if she saw this woman; I said, I had

lost many things, and should lose more; when she came in I gave her a box of the ear, and she fell right against the window; says I, what is the matter with you? says she, I am cut, I am ruined; and I missed my razors; I could not find them: we had sprats for dinner; and I found the razors under the pillow; she said, she had put them for me; she was repeatedly jealous of me; I turned her away, and she went to the people, and threatened to set the house on fire; and she made such a row that the people told me they would not be bothered about her.

The prisoner called one witness to his character.

GUILTY , Death.

GUILTY, on the coroner's inquisition.

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

Proclamation being made, the Recorder passed sentence as follows:

Prisoner at the bar. You have been convicted after the patient hearing of a discreet jury, to whom you could make no objection, of the very heinous crime of murder; that you may make the best use of the short space of time that is allotted to murderers to remain among us, I announce to you the dreadful information, that the court are perfectly satisfied with the verdict of the jury, by which you are doomed to almost immediate death: bad as the crime of murder is in every case, your crime is highly aggravated by the consideration, that you by cohabiting with this woman had taken her under your pecullar protection; the blow given by you to this woman is not only unlawful as a member of civil society, but it was disgraceful to you as a man; it was an attack made by the strong on the weak; it was an attack made by a man with a deadly weapon in his hand, on a poor defenceless woman; it was attended with a Brutal ferocity, and accompanied with expressions that would disgrace the most ignorant and the most inhuman savage; such as I shall not repeat, because they are too shocking for the hearing of such an audience: this, prisoner, was a conduct which nothing could justify or even mitigate, but a direct and violent attack on your own existence: your mind must have been callous to the feelings of humanity, and to the well-being of others. Let me most seriously now recommended to you, to pay some attention to your own welfare, and to your present situation, and to make the best use of your time; cut off from all hope in this world, if possible, to make your peace with God hereafter: and I, prisoner, pray to the Almighty God, that the execution which you are now about in a most publick manner to suffer, may become a serious example to deter others in future, who may be disposed to commit such violent outrages, against, and in defiance of, the laws of God and man, and to the injury of society. Nothing remains for me but that I pass upon you the sentence of the law; which sentence is, That you be taken from hence to the place from whence you came, and from thence on Monday next to a place of execution, there to be hanged by the neck until you are dead, and your body to be dissected and anatomized , pursuant to the statute in that case made and provided.

Reference Number: t17901208-2

2. ROBERT JONES was indicted for stealing, on the 15th of November last, two bay mares, value 40 l. the property of Joseph Kay .

JOSEPH KAY sworn.

I only prove the property: I know nothing of the robbery. On the 16th of November I was told that Spencer, my man, had lost his coach and horses, on the evening of the 15th, and that they had been stopped in Blackfriars-bridge, by the patrol, and that the person that drove them away was in custody.

JAMES SPENCER sworn.

I left my coach and horses at Bride-lane

with the waterman, and gave him charge of them; I went into the publick-house, and when I came out the coach and horses weregone.

Where was this? - In Bridge-street, about half an hour after twelve; I heard of them, and I came to the watch-house at Blackfriars; a hackney coachman told me they were taken there.

JOHN SMYTHIES sworn.

I saw this gentleman, the prisoner, get on the box, at the corner of Bride-lane, in Bridge-street; he turned them about, and went across the rank to the other side of the street; I thought him an awkward driver, and took notice of him; I thought he had been a footman; I went along-side of him, to the corner of Earl-street; I said, halloo, my friend, what are you going to do with that coach and horses? he said, he was going to take up in Chatham-square; I stood still; I saw him making over Blackfriars-bridge, mending his pace; I ran after him, and hallooed out, stop that coach! as loud as I could; the patrol stopped him; and I ran up as fast as I could; I came up and said, he had stolen the coach and horses; the patrol said, will you give charge of him? I said, I would; I took the coach and horses, and the patrol took the gentleman to the watch-house; Mr. Kay's man came in about an hour after, and he owned them; Mr. Kay was not there himself.

Are you the waterman? - No.

Mr. Kay. My man went; he is not here: I did not see them till the next day, when Spencer brought them to my yard.

You swear them to be your property? - I do my lord.

Court to Spencer. Did you go to the watch-house? - Yes; directly; I was in the Borough when I heard it.

Were those the horses that you found there, the horses you drove? - Yes; I have driven them these three years; I took them to Mr. Kays, and put them in the stable; Mr. Kay saw them next day.

Jury. Is the waterman here? - No.

WILLIAM CASSIDY sworn.

I am one of the patrol; I stopped the coach; the prisoner was off the box when I came up.

PRISONER's DEFENCE.

I was going to work, and I got up behind this coach, and somebody called stop, and the man jumped off the box, and they took me; that patrol is not the man that stopped me.

JOSEPH ROBERTS sworn.

I stopped the prisoner; he drew the coach up to the east side of the bridge, and jumped off, and left the coach and horses standing; he was on the box; I saw him jump off.

GUILTY , Death .

Tried by the London Jury before Mr. Justice ASHURST.

Reference Number: t17901208-3

3. ELIZABETH OZELAND was indicted for that she, on the 23d of November last, about the hour of twelve in the night, being in the dwelling-house of Peter Thirston , six pounds weight of silk, value 6 l. one silk cloak, value 1 s. a bonnet, value 3 s. a pair of shoes, value 2 s. a sheet, value 6 d. in the said dwelling-house feloniously did steal, and being so as aforesaid in the said dwelling-house, and having committed the felony aforesaid, in the manner and from aforesaid, afterwards, to wit, about twelve in the night of the same day, the said dwelling-house feloniously did break, to get out of the same .

PETER THIRSTON sworn.

I live in Maidenhead-court, Wheeler-street, Spital-fields, in the parish of Christ-church . I am a worsted weaver . I lost the things in the indictment between the hours of six and ten, in November; I cannot tell the day of the month, but it was this day fortnight: the value of the silk I cannot tell; the master is not here; but I believe the value, as nigh as I can guess, is

about nine or ten pounds: I saw the things at ten at night, and the next morning at six they were gone; I saw the things on Bet Ozeley's back (that is the prisoner) she was taken by the officer at Norton Falgate, last Thursday was a fortnight; she had my wife's cloak and bonnet on; I have known the prisoner above a twelvemonth; she slept in the same room with me and my wife; she was a week woman to my wife, a weekly servant; she went to bed when we went to bed; she blew out the candle; I cannot tell what time she went away; but the next morning she and the things were gone; she unlocked the door and let herself out; the key was in the door; my wife got up and locked the door after Bet Ozeley came in, and went to bed.

LETITIA THURSTON sworn.

I am wife of the last witness. The prisoner left work the afternoon before, at half past three; she told me she wanted to go for some work; she came home at seven at night, and brought home a new coloured apron; she said, mistress, will you let me have a drop of something to drink? this is my birth day; I said, neighbour Ozely, come, I hope it will be comfortable, it may be comfortable as we are old people, we will have a drop of twopenny together, that will comfort us both when we get into bed; I said, do not go down to open the door; but she did; and in the morning my chamber door was open: I got out of bed that very night for fear my door should not be locked, because I had a very great charge of my master Wilson's; in the morning I was told my door was open, by one Mr. Sawyer, who is not here; I saw my chamber door was open; I called, Bet Ozeley! Bet Ozeley! Bet Ozeley! my husband said, the woman is in a dead sleep; I missed my silk, and my cloak, and bonnet, and things; I found my cloak and bonnet on her when she was taken.

JOHN ARMSTRONG sworn.

On Thursday night, the 25th of November, I took the prisoner with this bonnet and cloak on; we never could find any thing of the silk.

(The bonnet and cloak produced and deposed to.)

ISAAC HEYLINS sworn.

On Wednesday morning, about eight o'clock, I went to work with John Smith, and going along he gave me a handkerchief, and I carried it to the prisoner, and she said, she knew it; and she tied up the silk in it, and gave it to me; I do not know what became of the silk afterwards; he gave me three guineas and an half to take to her; it was black silk; it was warped silk: I heard Mr. Wilson say at the office, he was the owner of it, and it was worth six pounds.

PRISONER's DEFENCE.

I worked journey-work with Mrs. Thurston. My husband was abroad. This night was the 23d of November. I had been very early at work: I left off about four in the afternoon; I went out, had my supper, and went to bed; I was the last person that locked the door; and I believe about half after ten I was taken very ill; there was nothing in the house to drink, except water; I got up; I thought it was no harm to put on her hat and cloak, to go out; I went to the White Horse and had something; I stood by the fire, and warmed myself; when I returned I saw a bundle laying; it was black silk; I took it to John Smith ; he said, it was worth five pounds, and if I would stay till the morning, he would get a man to buy it; this young man came to me, and brought a handkerchief, and I put the silk into it; he returned about three in the afternoon, and brought me three guineas and a half, and they charged me six shillings for their trouble: I did not think of being called up to day, or else I should have had witnesses.

GUILTY , Death . (Aged 42.)

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

Reference Number: t17901208-4

4. JOHN HETHERINGTON, alias JOHN CHARLES BROWN , was indicted for feloniously returning from transportation, and being found at large on the first of December , without lawful cause .

Prisoner. My lord, will you grant me one favour; I do not wish to impose on the understanding of your lordship, and the court, and the gentlemen of the jury, so far as to deny the fact, but there are such circumstances as will be proved in my favour on that head, that I wish to state them.

Court. You had better reserve what you have to say, 'till you hear the evidence that is given against you.

GEORGE ZEAL sworn.

I produce a certificate from Mr. Shelton, the clerk of the session of goal-delivery of this court.

(Read, dated 23d May, 27th year of his Majesty's reign).

I know the prisoner: I knew him in Newgate.

Mr. Knapp. My lord, it is an ampazand in the indictment, and the word and at length, in the certificate.

Court. That will not do, for the indictment does not purport to be an exact copy.

Zeal. I remember the prisoner was ordered to be transported in May sessions 1787; he is the man: I was present when he was sentenced; I do not know what became of him since.

GEORGE LONGDEN sworn.

I was sent for to apprehend the prisoner, for house breaking, the first of December; I know nothing of the prisoner; I took him at No. 6, Sackville street.

LEONARD DAVIS sworn.

I only went with the last witness and apprehended the prisoner, the first of this month.

PRISONER's DEFENCE.

My Lord, at this time I am very sorry to say, I am a great way distant from my friends, or I could bring very sufficient affidavits to prove, that I did not return to this country with any bad intention; the only reason of my returning before the expiration of my time, on my conditional pardon was this, I had an uncle merchant in Charles Town , South Carolina, his name the same as my own, he left me one thousand pounds sterling, and he left a Captain Miller, who was his most intimate friend, his executor in trust for me, some time after I had been discharged from the hulks, at Langston harbour, in consequence of some good friends I had, at their intercession to his Majesty for me, I fell extremely ill, there was a surgeon of respectability, in this Metropolis, that made an affidavit which was presented to the Secretary of State, that I was incapable of going to undertake so distant a voyage as that, where I had to go to receive the legacy, in consequence of which, his Majesty was graciously pleased to grant me, one month after the first month's liberty in this country, and at the expiration of that month, I was then not able to quit this country, as appeared by the affidavit of another surgeon of the same respectability in this Metropolis, in consequence of which, I was apprehensive of the fatal consequences that might arise from my being found at large after the limited time for quitting this kingdom, I remained in secret at a confidential friend's house, till I was so far recovered as to go on board a ship, I then went to the Carolina Coffee-house , Birchin-lane, Cornhill; and I applied to a Captain of a vessel, and paid twenty guineas for my passage to Charles Town , South Carolina; I went cabin passenger with him: on my arrival there, to my very great discomfort and disapointment, I received the disagreeable intelligence of my Uncle's executor being gone to the East-Indies; and not finding employment in a merchant's compting-house, (for as I had received a liberal education, I should have been very happy to have engaged myself, even for my board) I was under the disagreeable necessity of returning to this country, with this, and this only view, which was to engage myself in the East-India Company's

service, to go to any of their citadels in India, on board the first ship that was going; I applied to a relation several times, a gentleman whose name I would not wish to mention in this court, tho' I will prove it hereafter, who had the honor of being several years governor of Bencoolen, in the East-Indies, and I have received some promises, that I should have some kind of a birth to go on board the first ship he could get me fitted out in, and the greatest hopes I had of getting into the East-India service, was in consequence, that I had the honor of wearing a commission in his Majesty's service last war sometime, in which I spent five thousand pounds.

Court. Have you any evidence of all this? - (I could have had, had my trial been postponed a day or two, for I wrote on Monday last to some respectable people in the county of Leicester, but it was impossible for them to arrive in town before this evening; I do expect some relations of respectability by this evening's mail coach; I have nobody here at present. The late Duke of Rutland was my principal friend, under whom, I had two uncles commissioned officers, myself was ensign sometime, 'till I engaged with Lord Harrington; I was discharged at Dover Castle, that was the final close of my servitude in the army: my Lord I have omitted one thing; I obtained my liberty from the Hulks; I could have brought Mr. Wigley, a member of Parliament for the city of Worcester, and recorder of the place where my friends lived, and a Mr. Hulchen, one of the members for the county of Leicester, who could have proved that thro' his intercession with his Majesty and the Secretary of state, and the late recorder James Adair , there was a conditional pardon came for me; my hearing was so late last Saturday night, so late before I was committed here, and Sunday being no post day, I had no opportunity to send till last Monday, my friends could not receive my letter before yesterday: this very evening, I expect those friends in town, who could bring sufficient evidence, that I had a conditional pardon, I did not break from the Hulks; I am here by necessity, not by inclination, and I entirely leave myself to the mercy of your lordship, on that head, and the gentlemen of the jury.

Court. What you state is no defence at all, and I am sorry to say, that what you have last mentioned is a reason for not believing the other part, for one of the gentlemen you have mentioned is certainly in town, and known to be so.

Prisoner. Might I send in two hours, to the Temple, to Mr. Wigley, the counsellor.

GUILTY , Death .

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

Reference Number: t17901208-5

5. The said JOHN HETHERINGTON was again indicted for feloniously breaking and entering the dwelling house of Mitchell John Baptist Dewenzel , Esq. commonly called Baron Dewenzel, between the hours of two and three in the afternoon, on the first of December ; one Elizabeth De Petron , spinster, and Rebecca De Petron , a woman child of the age of nine years, being therein, and feloniously stealing one Marseilles counterpane, value 50 s. the property of the said Baron Dewenzel ; and one long cloak, value 50 s. the property of the said Elizabeth De Petron .

ELIZABETH DE PETRON sworn.

I am employed by the Baron Dewenzel , who is now at Paris, to take care of his house and furniture, in Sackville street, No. 6 ; two gentlemen, one of which was the prisoner, came to the door with a double knock, the first of December; they asked if the house was to be let ready furnished; I said yes; I took them into the parlour, they liked every thing very well, and asked to go up stairs, they went into the drawing-room and back room, and two pair of stairs; the prisoner went up stairs with me into the garret, and the other remained

in the two-pair of stairs back-room; the prisoner staid there, and talked with me and settled with me about the rent.

Court. What was to be the rent? - I asked him seven guineas a week, and he offered me six guineas and a half, and was to call again the next day; the other man not coming up gave me a suspicion.

Did you understand from them, if they hired it for themselves, or for another person? - I asked him if he was the gentleman himself; he told me no, he was employed for a gentleman about one hundred and fifty miles off in the country; we came down together, the prisoner walked before me, and I observed the parlour-door that I left open was shut; it was locked, and the key gone, and the street door half shut and half open; I ran and shut the street door, and put my foot against it, and seized the prisoner by the collar, and told him he must give me an account of the other person that came along with him; at the same time I knocked with my heel for the little girl, and she came up, and he was beating me with this stick (produces one) on my head and my shoulders; then I took the stick from him, and with his fist he knocked all my teeth down; she came up, and saw me all in blood; I told her to call the people at the next door; she went out and left the door wide open, and the servants next door came in, and seized the prisoner; they were a man and maid servant, and the woman took the stick from me; the parlour door was broke open, and there was a white Marseilles quilted counterpane gone, and a great long cloak made of padusoy, and a pair of gloves, and a pocket book; the counterpane and long cloak were worth five pounds; I never saw the things since.

ROBERT BURLEY sworn.

I heard the noise in the next house; I went and found the door of No. 6, next door to me, wide open; as soon as I got in I saw the last witness and the prisoner, she had hold of him by the collar, at the back of the staircase, and kept crying out murder, and said, that was the man that had treated her ill, desiring I would lay hold of him, and take care of him; she was all over blood, all the front of her handkerchief and her head covered with blood; her head behind was cut through with the violence of the stick; I saw the stick, which the woman that came in directly after me had in her hand; that was the first I observed of the stick; I was present at the breaking open the door, it was locked, and the key was gone.

MARTHA SPOONER sworn.

I heard the cry of murder, I went to the next door and found Elizabeth de Petron all over blood, her hair and face, and all down her handkerchief, and this stick which I took out of her hand; she said the prisoner was the man.

(The stick produced and deposed to by Mrs. De Petron, being a bamboo with a loaded head.)

Prisoner. I beg leave to ask two or three questions; whether on my entrance into the house, I did not, previous to that knock at the door, and she let me in; whether I treated her with any incivility, and did not behave with the greatest politeness, till we came down stairs? - Yes.

Prisoner. Whether or not I had any acquaintance with the person that followed me in, and whether he did not pull off his hat in the passage, and hang it up in the passage; whether I ever spoke to him or he to me? next, which is the last favour, please to ask her whether I offered to strike her till she first assaulted me, by seizing me by the collar of the coat, and charging me with what I was perfectly innocent of? if I had time I could produce the gentleman that sent me there to enquire after a ready furnished house for six months.

Court. The two men came in together? - Yes.

Did both of them speak to you? - When they knocked at the door they asked if the house was to be let; they both went into the parlour, and said it was a pretty parlour; they both went up one pair and two pair of

stairs; only one spoke to me, the other never spoke a word to me.

Did this man speak to the other at all? - Not that I know of.

Did the other man go up stairs with you? - Yes; they both said it was a pretty parlour.

Prisoner. My Lord, I hope you will hear the truth: I had no intention, as I hope for mercy at a future day from my great Creator, of committing any violence or depredation whatever; I went with this only intion of enquiring what the rent might be, and to know how many rooms there might be on a floor, and what situation the house was in; with respect to the furniture, I never spoke to the man, nor had I any previous knowledge of him, nor did I speak to him in the place; I presumed from his following me in at the door, that he belonged to the house; not speaking to the gentlewoman that let me in, or to me; I neither took any thing, nor attempted to take any thing from the place, nor was it my intention; and further, the only reason of my striking that gentlewoman was in consequence of knowing the aukward predicament I stood in, being a returned convict, before the expiration of my time; and I did not know in what manner to extricate myself from her hands, she having her thumb through the button-hole of my coat; my only apprehension was, I thought I might be taken before a magistrate, and known by those sort of people who make a trade of living on human blood, and of detecting unhappy and unfortunate men for a reward.

Mrs. De. Petron. The cloak was my own, and the counterpane belonged to a family that lodged last winter in our house.

GUILTY , Death .

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

Court to Prisoner. After what has passed at this trial, it is impossible for you to expect mercy on any terms whatever; upon the first case, though we could not help suspecting all that you said to the Jury was destitute of foundation; and the more so, because you shewed by your conduct, that you were very well practised in the arts of this place; not contented with slating facts which might be easily proved, you artfully laid by to throw in some suggestion after I had stated the case to the Jury; and you have done the same on this second trial; and it is now too apparent, that it will be injustice to the public, ever to suffer you to be at large again to commit such depredations on them.

Prisoner. My Lord, I humbly beg for mercy.

Court. Take him away.

Reference Number: t17901208-6

6. SAMUEL WITHERS was indicted, for that he, on the 4th of November last, feloniously and falsely did make, forge, and counterfeit, and cause and procure to be falsely made, forged, and counterfeited, and willingly act and assist in the false making, forging, and counterfeiting, a certain order for the payment of money, dated 4th November, 1790, with the name W. Buller, thereto subscribed, purporting to have been signed by Wm. Buller , Esq; and directed to Francis Biddulph, James Cocks , and Thomas Somers Cocks , and George Ridge , by the name and description of Mess. Biddulph, and Co. for the payment of the sum of sixty pounds, to bearer, with intention to defraud the said Francis Biddulph , James Cocks , Thomas Somers Cocks , and George Ridge .

A second count, for uttering and publishing as true a like forged order for payment of money, knowing the same to be forged, with the like intention.

A third and fourth count, for forging and uttering a like order, with intention to defraud Wm. Buller , Esq.

JAMES WINDOW sworn.

I was clerk to Messrs. Biddulph, and Co. on the 4th of November last. The firm of

house is Francis Biddulph , James Cocks , Thomas Somers Cocks , and George Ridge. William Buller , Esq. kept cash in our house, on the 4th of November last; on that day, about eleven o'clock, the prisoner brought this letter to our house, it was opened by one of the partners, and afterwards brought to me; I asked the prisoner if he had a draft agreeable to the letter, which was fifty pounds; he said he had not, but should bring it in the afternoon; and about one on the same day the prisoner brought a draft for sixty pounds; I asked him how he would have it, in bank notes or in money; he said, the whole in cash; in the mean time we suspected it to be a forgery; in consequence of that suspicion, I desired the prisoner would sit down a little; when the draft was presented, myself and one of the partners asked him what he was, and who he was; he said he was a servant under the steward or butler, at the house of William Buller , Esq. and had been there about a fortnight or three weeks; that Mr. Buller was unwell, and he brought the letter from the butler or steward; I told out the sixty pounds, and put it into a bag, and it was determined to send the prisoner in a coach, with one of the clerks and a servant; I did not go.

You are acquainted with the character and hand-writing of Mr. Buller? - Yes; I have frequently seen him write, neither the letter nor the draft are his hand writing.

(The letter read.)

Addressed to Messrs. Biddulph, and Co. Charing-Cross.

"Bryanston-street, Nov. 4th.

"I have sent my servant the Barrer for

"fifty pounds; in the afternoon you will

"be so kind to let him have the cash. You

"will oblige W. Buller."

(The draft read.)

"Nov. 4th, 1790.

"Messrs. Biddulph and Co. Pay Barrer

"on demand the sum of sixty pounds,

"and you will oblige your humble servant,

"W. Buller."

Mr. Knowlys. Did you see this letter delivered? - I saw the prisoner bring a letter, and I directed him to give it to the other side, for it to go up stairs.

Court. Who did you order to carry it up stairs? - I do not immediately recollect which of the clerks it was.

Mr. Knowlys. Did he stay for an answer? - Yes, I suppose five or six minutes, before the letter was delivered to him.

You have seen Mr. Buller's hand-writing? - Yes.

You could have no doubt that this did not come from Mr. Buller? - Certainly not.

Nor any body in the house? - No.

Was he stopped or told of any suspicion? - No.

Mr. Knowlys. Was this letter ever shewn to the prisoner, and acknowledged by him to be the letter he brought? - I cannot say.

Is there any other Mr. William Buller that keeps cash at your house? - No; none whose Christian name begins with W.

Is there no other person interested in the house but these four gentlemen? - Not that I ever heard of; I have been there twenty years.

The prisoner staid in the shop very composed? - Quite so, and answered a number of questions.

Was you present at the examination in Bow-street, when he gave an account of this?

Mr. Garrow. I submit what the prisoner said cannot be made evidence.

Mr. Knowlys. This young man was taken to Bryanston-street in a coach? - Yes.

Was any person sent from your house to look after any body in the neighbourhood of the Park? - I rather think not.

Mr. Garrow. When he stood in the shop with great composure, he was expecting to receive the cash, I suppose? - Yes.

EDWARD LAVENDER sworn.

I am clerk to Sir Sampson Wright; I

was present when the prisoner was brought there; the examination of the prisoner was taken in writing by me, during which the prisoner whispered to me, that he wanted to go to the door; I told Mr. Bond his wishes, and he desired him to go into the back-room, instead of the door; whilst he was in the room, Mr. Bond desired I would search him; upon the prisoner hearing what he had ordered, he pulled out his handkerchief and gloves, and threw them into the window, and from the handkerchief or the gloves, I am not certain which, this paper dropped; I immediately picked up the paper and saw what it was, and then recollected that the prisoner had frequently told Mr. Bond he could not write; I laid hold of him by the right hand, and on the middle finger was the mark of ink very fresh, and the writing was very fresh: the examination was not signed by him. (The paper read.)

"Nov. 4th, 1790. Messrs. Bidulph and Co. Pay Barrer on demand the sum of eighty pounds, and you will oblige you humble servant, J. or W. Buller." in the same way as it is in the draft; at the bottom,

"Messrs. Biddulph and Co. Please to pay Barrer on demand eighty pounds, and you will oblige your humble servant, W. Buller;" on the back

"Messrs. Biddulph and Co. Charing-Cross." The prisoner was committed.

Mr. Knowlys. What time was the prisoner committed? - About two o'clock.

Do you know that any person was sent to the Park? - I believe there was not.

PRISONER's DEFENCE.

A man gave it me at the Horse Guards.

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

GUILTY , Death .

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

He was humbly recommended to mercy by the Jury, on account of his good character prior to this transaction.

Reference Number: t17901208-7

7. SARAH CAREY was indicted for stealing, on the first day of November last, two striped bed curtains, value 10 s. the property of Abbot Kent , and Joseph Luck .

JOSEPH LUCK sworn.

On the 1st of November, I missed an article out of my house, a remnant of dimity: the prisoner was suspected of taking it; I went to a pawnbroker's to enquire for this dimity; I enquired if he had any other articles that the prisoner had pledged there; he produced two Manchester bed curtains; they are here; I am sure they are my property.

JOHN CROUCH sworn.

I produce two curtains the prisoner pledged with me on the 23d and 24th instant; they were pledged for eight shillings.

(Produces them.)

Mr. Luck. They are my property; I have the two fellows to them in Court.

- THORN sworn.

I am foreman to the prosecutors.

(Looks at the property.)

PRISONER's DEFENCE.

I carried them to pawn for a person that lodged at the same house where I do.

GUILTY .

Imprisoned six months , and fined 1 s.

Tried by the London Jury before Mr. Justice ASHURST.

Reference Number: t17901208-8

8. ANN GRIFFIN and MARY GORMAN were indicted for feloniously

stealing, on the 8th of November , in the parish of St. Giles's in the Fields, seven yards of printed calico, value 10 s. the property of Thomas Clarke , privately in his shop .

THOMAS BOYD sworn.

I live with Mr. Thomas Clarke , a linen-draper , in High Holborn ; on the 8th of November, about seven o'clock in the evening, there were seven yards of printed callico taken away out of the shop.

Who were in the shop? - There were two shopmen, and an apprentice, Mr. and Mrs. Clarke.

Did any customer come into the shop? - There were no customers came but the two prisoners; they came into the shop and asked for some linen cloth for shifts; Mr. Clarke served them, I went to the other end of the shop with some other customers that came in a little after; Mr. Clarke to me, and asked me if I supposed the prisoners had got any thing.

How came Mr. Clarke to come over and say that to you? - I suspected them from their very first entrance.

Had you made any signs, or said any thing to Mr. Clarke, to let him know you suspected them? - No, but he thought I had a suspicion of them by my looking at them; I told him that I thought they had taken something, and with that he sent for a constable who came and found the property upon them; the property is in the constable's possession; the constable's name is Tredway.

EDWARD TREDWAY sworn.

Where did you take that property from? - I took it from under the petticoats of Ann Griffin .

(The property produced and deposed to.)

Court to Boyd. Do you know whether that was in the shop, or on the counter that evening? - I cannot positively say.

How long might they be in the shop? - About a quarter of an hour, or better.

You had suspicion of them when they first came in; you said you watched them then? - I watched them all the while, but did not see them take any thing.

Who asked for the linen? - I cannot positively say, Mr. Clarke can say.

What is the value of that linen? - Ten shillings.

MARY GORMAN 's DEFENCE.

I was going into the shop, this young woman had been in before, and had asked to look at a piece of cloth to make her a shift; I came in, and Mr. Clarke sent for a constable, and found this linen upon this girl; that is all I know about it.

Court to Boyd. Did Mary Gorman come in the same time with Ann Griffin ? - At the very same time; they appeared in all respects to belong together; they talked together, and even Mary Gorman lent the other eighteen pence to pay for a yard and an half of callico which Griffin bought, it came to half a crown, and it was put by for her in the name of Mary Jones ; and Gorman advised Ann Griffin to go home and get another shilling, and she said she would not go home till she went with her, or words to that meaning.

The prisoner Gorman called two witnesses to her character.

MARY GORMAN , aged 21; ANN GRIFFIN , aged 14;

GUILTY , Death .

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

Reference Number: t17901208-9

9. STEPHEN HUNTER was indicted for burglariously and feloniously breaking and entering the dwelling house of Elizabeth Brown , about the hour of seven in the night, on the 28th of November last, and burglariously stealing therein, three linen sheets, value 3 s. and a half cotton shawl, value 6 d. the property of the said Elizabeth.

ELIZABETH BROWN sworn.

I live in a place called Orange-court, in Bow-street , I have lived there almost twenty years; on the 28th of November I went out about six o'clock in the evening, to St. Ann's church, to evening prayers, and returned about four or five minutes after seven, and just before I came into the court, I met a tall thin man, he appeared to me to be in black, and when I went into the court, I met a little short thick man with a white coat and a white apron; I passed by him and gave him the wall, and went on; as soon as I came to my first window, I found it was broke open.

Had you fastened them when you went out? - I fastened them before I went away, and locked my door; I bolted my window about five o'clock.

How was it broke open? - It was pulled open, and the bolt fairly off, and the window was open; there were six panes of glass in the half-sash, and it was fairly open.

Was the glass broke? - No, the glass was not broke.

How could they pull the window out without breaking the glass? - They pushed the window up, and left it wide open; I went and opened the street door, and unlocked my parlour door, and the people in the kitchen brought a light, and I missed three sheets immediately, and a shawl from off the line.

What reason have you to impute this to the prisoner? - He was the person I saw in the court.

You are sure? - Yes, I am.

Was there light enough to describe by a certainty that he is the man? - I met him just by the lamp, and gave him the wall, and was going to speak, but was afraid.

Did he appear to have any thing on him at the time you met him? - Nothing at all.

Did you hear of your property again? - I did, last Thursday was a week, a person came and told me it was in the advertisement.

Mr. Knowlys, Prisoner's Counsel. You say, as you was coming home, you met a person, but you declined speaking to him? - Yes, I did; he was a tallish man which I met first, and when I went a step or two farther, I saw the prisoner,

Had you ever seen him before? - I had not.

Therefore you had no reason to remark the man? - No; still I thought it odd for one man to come before, and another behind.

You never had seen them before? - No, never in my life.

This was on Sunday? - Yes.

Are you sure it was so late as five o'clock in the evening? - It was six o'clock when I went out, and I came back a little after seven o'clock.

Had you left any body at home? - Yes.

How many persons had you left in your house? - Nine persons; there were people in the kitchen, in the one-pair of stairs, and two pair of stairs.

What are they? - They were all married people, and all of them got husbands living with them.

You have not a single person in your house? - No.

Did you call to any of these persons to shew them how your shutters had been broke? - I did; the people of the kitchen came up; I cried out, my God, my God! what have you let me be robbed?

Did you let no one else know immediately that you was robbed? - Yes, I told it to another woman who lives in my house, who has got an husband; he does not come home to sleep.

How soon did you tell her? - Directly.

Have you any of these persons here that you gave the alarm to? - No, none.

Then whether you went out earlier or later, we must rely on yourself for the truth of it; do you know it makes a difference as to this charge, whether it is done in the light? - It was done when it was dark.

Do you know that it is a capital offence if the matter is done when it is dark? - Yes.

That it is a burglary then? - Yes.

Then in this house of yours there are nine people living in it, they are all married

women, and it is not true that your house is visited by people not married? - Sometimes servant maids, out of place, are there a week or two, till they are provided.

Has there never been any enquiry at your house after young apprentices that come after single women at your house? - No, never.

Was there never an enquiry after an apprentice of the name of Levi, whom it was said was concealed in your house? - Not that I ever heard of.

Do you know a man of the name of Holmes? - He has never been above two or three times in my parlour.

You knew him? - I believe my daughter knew him.

He visited your daughter at your house? - No, not in my house; I did not admit him into the parlour above two or three times in my life.

If he did not come into your parlour, he came to your house, did not he? - Yes, but he used to stand at the door, or in the entry; he never spent a pot of beer in my house in his life.

What became of that Holmes? - He is in Newgate, under sentence of transportation.

Was there a man of the name of Mantondillon that used to come to your house? - Yes.

Was there a man of the name of Roberts? - Yes.

And he happened to have the same good luck as Holmes: how long was you acquainted with that man? - I was not acquainted with him; when he came to me, I had a very honest character with him, and he kept to his work, and behaved very honestly while with me.

Was you never called to account about a pair of silver buckles? - Never in my life.

Are you a married woman? - No, I am not; I am a widow, and have been for this six years.

SAMUEL ARBOR sworn.

I know nothing of the robbery: I helped to take the prisoner: on the 28th of November, between the hours of eight and nine, I and three other officers that are here were out, as we go out sometimes of a night, and we stopped at a suspicious house; we had stopped there for the space of four or five minutes; and I saw the prisoner at the bar come out with a bundle; we asked him what the contents of that bundle was; he told us it was sheets; we asked him whose property it was; he said it was his own property, and he had it from his mother; he after that said it was his landlady's property; he said then it was the property of his wife, and she had had them before she was married to him: we hearing him tell so many stories, took him from thence to the watch-house.

JAMES SHAKESHAFT sworn.

Produced the sheets, and confirmed the evidence of Samuel Arbor .

The sheets deposed to by Mrs. Brown.

Court to Mrs. Brown. What is the usual time of prayers? - Six o'clock.

How long does it last? - Till about seven.

The prisoner called William Hunton , his uncle, who gave him a good character; as also William Stephenson, Samuel Wizard , and Jane Harris ; which last witness said that the prosecutrix was a great corruptor of youth, and her daughter is now in Newgate.

GUILTY , Death . (Aged 22.)

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

Reference Number: t17901208-10

10. SAMUEL CLEWES and HENRY WATSON were indicted for feloniously stealing, on the 2d day of November , last, 24 yards of silk ribbon, value 10 s. the property of Francis Thompson , privily in his shop .

HENRY WATSON sworn.

I am shopman to Mr. Francis Thompson. On Tuesday, the 2d of November, between 10 and 11 in the morning, a constable

brought a boy to Mr. Thompson's shop, who is an evidence; the constable put some ribbons on the compter, and asked me if they were mine; I looked at them, and one of the pieces had my mark, D. E. and T. underneath it: we went to the justice, and found the two prisoners there; and I swore to one of the pieces, and one other piece, which Mr. Cummins produced, which he had in his possession, which I also knew, and which was marked: I know nothing more about it; I never saw either of the prisoners in our shop.

JOHN CUMMINS sworn.

I am a coachman: I was going to my stable the 2d of November, and I saw the two prisoners and the accomplice cross the street; it was on a Tuesday; they run down Little Russel-street, towards the Pied-Bull yard, where there is no thoroughfare; in Russell-street I saw them partly concealed in a stair-case that leads to a coachman's room in Little Russel-street; I bid them come down; they made no answer; I went with Mr. Davis and the witness, and took them in the stair-case; we took them up stairs to search them, and going up stairs I saw 6 rolls of ribbon on the side of the stairs where the prisoners had been; I took the ribbon, and put into a basket, which I had in my hand; and, with the assistance of Mr. Davis, I took the prisoners to the justice: I gave 5 pieces of the ribbon to Edward Treadway ; he is not here; he had them about 9 hours; Davis kept one piece till that evening, then I called for it: the pieces I received from Treadway are the same in number, but I did not mark them before I gave them to him; I did when he brought them back; I believe them to be the same; I produce them: I took the ribbon to the prosecutor's, and Watson said he could swear to it; the prisoners said they found the ribbon among some bricks, in a square.

WILLIAM DAVIS sworn.

I am a linen-draper: on the 2d of November I was going down Russel-street; I perceived the two prisoners, and the evidence, running on the opposite side of the way; under Clewes's coat I saw a large lump; I suspected them; they occasionally looked back; I immediately ran after them, and with the assistance of this coachman we took them in a stable-yard, and carried them to the justice: Mr. Thompson's shop is in Oxford-street, nearly opposite Bond-street: when I saw them running, they were in Russel-street, Bloomsbury, half a mile off: I saw the coachman take up these six pieces of ribbon; I took one of the pieces, and gave it to my servant, to find out the owner; and in the evening I gave it back to the coachman: my servant's is not here: I have no doubt of my servant's fidelity, and believe he returned me the same ribbon again; I have not a doubt but it is the same; but I could not positively swear to it, having been out of my custody: the accomplice is not here; he is in some prison.

JANE SWEETING sworn.

I am servant to the prosecutor: I was in the shop; two persons came into Mr. Thompson's shop, and asked to look at some narrow ribbon; it was about half past eight in the morning of Tuesday the 2d of November; nobody was in the shop besides myself: they desired to see some narrow ribbon; I shewed them some; they came in together; but did not talk together; the evidence was one that came in, and the prisoner Watson; Clewes did not come into the shop; the evidence desired to see the ribbon, and then to see some broader; I asked him 4 d. and he offered me 2 d.; I did not miss any ribbon, only from information; the boys were both within the reach of the drawer; I put it on the counter; I did not suspect them.

Court to Henry Watson . Did you see these people in the shop? - No.

How did you know any ribbon was missing? - I looked in the box when the constable came back, and found some pieces missing; it is a box that shuts into the counter; there is only one box of black on

that side of the shop where the young lady serves; and these ribbons were black. (The piece of ribbon produced by the coachman, and deposed to by Watson; and another piece, marked U. T. and T. underneath.) I have sold ribbon with such marks; the mark of the others is rubbed out.

WILLIAM ALLEN , otherwise EVANS.

How old are you? - I want three months of thirteen.

Did you ever take an oath in your life? - Yes, I believe I was sworn before the justice; I did not know what I was saying, but they gave me a pen and ink just to put my cross.

Do you know the nature of an oath? - No.

Do you know what will become of boys that tell stories? - Yes.

What? - Go to hell; is not it?

WILLIAM ALLEN , otherwise EVANS, sworn.

The prisoner, Samuel Clewes , asked me to take a walk, and where I was going; and he told me to go into a ribbon-shop, and if I could steal any thing, to do it; and Clewes was to stay on the outside, and receive it: I went in, and the little one (Watson) followed me; and when the lady turned her back, the little one bid me take something, and I took some ribbon; the big one told him what I was to do: the lady asked 3 d. a yard, and the little one bid her 2 d. and she said she could not take it, and we went out of the shop; the little one took three pieces of ribbon; he told me to take one: when the lady turned her back, he said, take some, and I took one piece: that was all that was taken, I am sure of that: we three went to another shop, and the little one took two pieces at another place, but the lady would not swear to them; the big one was ready to take the four pieces when we came out of the shop; the big one took them of us, and ran as hard as he could; it was about half after nine; we were running towards Shoreditch, to Bishopsgate-street; a coachman was going by, and said we were thieves, and he and another ran after us; we ran up into some stairs; we were taken there; Clewes put the property by the side of the staircase.

Prisoner Clewes. Allen, or Evans, what is your name; did ever I send you into any shop to steal any thing? - Yes.

Prisoner Watson. Did I take any thing? - Yes.

Court to Jane Sweeting . Did the conversation pass between the accomplice and you, or the other boy? - With the accomplice, that I can say with certainty; they came in at one time, I am sure of that.

PRISONER CLEWES' DEFENCE.

I was going an errand, and coming back I met these two boys, and the two gentlemen ran after us, and I went up stairs with them, and he threw down the ribbon on the stairs; I did not know he had any such thing about him, and I never was in the shop; I lived seven years with my master.

PRISONER WATSON's DEFENCE.

I was sitting at my mother's door, and Evans asked me to go with him to buy a hatband; he went into this shop; I thought he bought one; he came out, and I saw him chuck the ribbons down in the staircase; I did not see him take any thing.

Court to Watson the Witness. What is the value of that piece of ribbon that is identified, which Cummins produced? - There are about 16 yards, at 9 d. a yard.

The prisoner Clewes called four witnesses, and the prisoner Watson called three witnesses, who gave them a good character; and the last witness, Elizabeth Barnes, said she knew the prisoner Watson before he was born.

BOTH GUILTY, 4 s. 10 d.

Each transported for seven years .

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

Reference Number: t17901208-11

11. JAMES BOND was indicted for stealing, on the 4th of November last, one woollen cloth coat, value 5 s. three silk waistcoats,

value 6 s. one silk and cotton waistcoat, value 2 s. two pair of leather boots, value 5 s. and one pair of leather saddle-bags, value 2 s. the property of George Forrester , Esq ;

GEORGE FORRESTER , Esq; sworn.

I live in Inner-Temple lane : I cannot exactly tell the time the things were lost; I went out of town the latter end of June, I returned in November; on my return I missed the articles in the indictment.

How soon did you recover them? - I came to town on a Friday, and on the Sunday following the prisoner was taken, and part of the property was found upon him, a coat and a black silk waistcoat; nothing else was found but a duplicate in his box, in the room which he slept in, in my chambers, when he lived with me; we found some other duplicates at a place where he lodged; he was in my service, but I had discharged him before I went out of town; I missed nothing then; when I went out of town, I desired him to give the key to the laundress: I went with Jealous and the prisoner to his lodgings; the prisoner had the key in his pocket; we found the saddle-bags there, and in the saddle-bags there were duplicates of the things which are here; the duplicates were delivered into the hands of Jealous.

ELIZABETH CHIPP sworn.

I am laundress to Mr. Forrester; he went out of town in June, and left the key with the prisoner; in about a week afterwards he gave me the key; I did not know he was discharged; and about a week or fortnight afterwards he came to me for the key again; he never returned it to me again; he had it when he was apprehended.

CHARLES JEALOUS sworn.

I apprehended the prisoner, in Ram-alley, Fleet-street, at a public-house; I took him to Mr. Forrester's, and took off his back a waistcoat, a coat, and a shirt (produces them): I went to the George, in Chapel-street, Oxford-street, to the prisoner's lodgings; I found a pair of saddle-bags, and a pocket-book with some duplicates in it, and in the saddle-bags the key of the chambers; I marked the key, and gave it to the laundress; I went to the pawnbrokers, and got the things; I have three duplicates; they were taken from the saddle-bags (produces the duplicates).

HENRY HOWELL sworn.

I am a servant to Mr. Jones, a pawnbroker, in Fleet-street; I produce a pair of boots, pawned on the 19th of July; I do not know the person that pawned them, but I believe it to be the prisoner; I gave him a duplicate.

(The duplicate shewn him.)

Howell. It is my hand-writing.

JOHN CAHUAC sworn.

I am servant to Mr. Woodin, pawnbroker, in Drury-lane; I produce two waistcoats, one silk, the other silk and cotton; I received them of the prisoner; I had seen him several times before; I gave him a duplicate. (The duplicate shewn him.) These are the duplicates I gave him; these are my hand-writing.

EDWARD FOSBROOK sworn.

I live with Mrs. Cooper, pawnbroker, in Wych-street; I produce a pair of boots, and a silk waistcoat; the prisoner pawned them; I knew him before; I gave him two duplicates. (The duplicates shewn him.) These are my writing.

Court to Mr. Forrester. Who did you give the duplicate to, that you took out of the box? - I do not know what became of it.

(The property deposed to.)

Prisoner. I have nothing to say.

Mr. Forrester gave the prisoner an exceeding good character.

Mrs. Chipp. I have known him near five years; he always bore a very good character.

GUILTY .

Transported for seven years .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17901208-12

12. JOHN HYSEN was indicted for stealing, on the sixteenth day of November , two shillings , the monies of Richard Wakelin .

RICHARD WAKELIN sworn.

I am a sawyer, a labourer ; I was going home on the sixteenth of November; and a woman came up to me in Long-lane , and took hold of me; I desired her to go about her business; at that time the prisoner and six or seven more came out of a sort of a gateway; and they held me; they lifted me from the ground, till the woman picked my pocket; the prisoner held my arm fast; he had hold of me about the space of a minute; he said nothing to me; he had a round hat on; I never saw him before; while they held me, a woman picked my pocket of two shillings.

Where was your money? - In my breeches pocket, it was all; I had leather breeches on; almost new; the flap was buttoned: the woman unbuttoned my flap; and I felt her take the money; I never got my money again; the prisoner was taken directly by the patrols; I gave an immediate alarm; I never lost sight of the prisoner; the woman escaped, by one of the patrols being knocked down; another patrol came up, and the prisoner was taken; there was a lamp not far off; this was by a dead wall; I pursued him to Smithfield, and never lost sight of him; it was not moon light, but very clear.

HENRY RICE sworn.

I am a patrol, belonging to St. Sepulchre's: my fellow servant and me went our usual round; and opposite Long-lane, we saw a man and a woman, and several men together; we went into Long-lane; the prosecutor shewed me a woman, down by Smithfield Bars, whom he said he could swear to; the woman was wrested out of my hands; I saw the prisoner in custody of my fellow servant William Porter ; I was gone about a minute, to fetch the woman; the prosecutor was a little in liquor.

WILLIAM PORTER sworn.

At half after eleven, the sixteenth of November last, I heard a noise; and saw a large party, which made off on seeing us; my fellow servant was knocked down, and the prisoner jumped on my back, to throw me down; I hit him with the stick; he tried to twist it out of my hands, but could not; I mode a blow at him, and took him; the prosecutor was present, and said the prisoner was one of the men, that held him up by the arm, while the woman robbed him; I took the prisoner to the watch-house.

PRISONER's DEFENCE.

Coming across Smithfield, there was a mob, and they took me to the watch-house.

Court to Porter. Was the prisoner searched? - No; nor the woman.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17901208-13

13. WILLIAM HARROLD was indicted for burglariously and feloniously breaking and entering the dwelling house of Edmund Rabbats , at the hour of eight in the night, on the second of December , and burglariously stealing therein one boiling copper, value 10 s. belonging to him, and being a certain utensil fixed and fastened to the said dwelling house of the said Edmund, he the said William having no title, or claim of title thereto, and one iron nozzel of a leaden pump, belonging to the said Edmund, fixed and fastened to his dwelling house .

EDMUND RABBATS sworn.

I live in the coal yard, St. Giles's ; on the second of December, my house was robbed about eight at night, the yard was open, the pump and copper stand in the yard; I charged the prisoner, on information,

having missed the things in the indictment: Mr. Taylor found the nozzle of the pump in the prisoner's possession.

JOHN TAYLOR sworn.

The night of this robbery, Mr. Rabbats was at my house at the time, and about eight there was a message sent to inform him of the robbery; I went with the prosecutor to his house, and found the things gone, the handle of the pump broke off; the leaden nozzle twisted off, and the iron rod taken out of the bucket of the pump; we looked round to see if we could see any body, but in vain; I took him to the watch-house, and asked if he had any accomplices; he said he had none; I made him no promises; he said the nozzle of the pump and the iron work he had sold to Mr. Herbert, one of the witnesses, for seven pence, and he asked him if he would buy a copper, and he said yes; and that he carried it to Mr. Harper, who would not buy it, and that he sold it at another place for three shillings and four pence; I took him to Litchfield street: a search warrant was granted, but I could not find the copper there.

Prosecutor. The nozzle is like mine, but one may be like another; it is about the size of mine; I never compared it.

Taylor. I have tried it: it fits, I know the nozzle, for I am the plumber that made the pump.

JOSEPH HERBERT sworn.

I cannot say I know the prisoner, some person brought me the nozzle of a pump to sell; I am not certain sure, but I really believe that is the man that stands there.

ELIZABETH GRADY sworn.

I locked the door, the middle of the day, and the copper was in the place.

PRISONER's DEFENCE.

I was coming home that night; I came into the yard; I heard the copper was stolen, the day after I was hard at work in my father's shop in the house, and they took me to the round house, and he frightened me; I did not know what I said.

Jury to the Prosecutor. This robbery might have been at four for aught you know? - Yes; it might; I was told of it at night.

GUILTY

(Of stealing to the value of seven pence, not of the Burglary).

Transported for seven years .

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

Reference Number: t17901208-14

14. JOHN MARSHALL was indicted for burglariously and feloniously breaking and entering the dwelling house of William Poole , about the hour of six in the night, on the 22d of November , with an intent to steal his goods .

WILLIAM POOLE sworn.

I keep the Black Horse, Broad-way, Westminster : my father is a stable keeper; it is his house; his name is William Poole . On the 22d of November, our hostler caught the prisoner getting into the window; I was not there; I know nothing of the prisoner.

JOHN RATCLIFFE sworn.

I am the hostler: a little after five on the twenty-second of November; I had been on a message, it was very dark, and a rainy evening; I went into the stable to pull off my coat; coming out, I saw a man stand at the parlour window; I thought it was an acquaintance; I waited at the stable door, directly opposite, about five yards off the place; by and by he opened the window and leaned in; the windows were about the heighth of his breeches waistband; I could see by the light of the kitchen window, he did not find any thing, he came out again, pulled the window very gently down, went to the other window and lifted that up, then he likewise stooped himself down to the parlour, and felt about there to the right hand, where were the books on the bureau; by and by, he seemed surprized at some body

in the kitchen, he came out again, and couched under the window about a second, then he whipped up at the window, and pulled down the window almost a hand's breadth, and couched under the window, then rose up again, and run off; I caught him; I found nothing upon him; the maid went into the parlour to see if there was any thing gone, with a candle, she said nothing was missing, the prisoner was taken before Justice Addington, he was committed.

ELIZABETH HEWLETT sworn.

I heard a noise in the parlour; I heard the window shut down; I saw nobody; I thought it was the hostler; I did not know the prisoner till the hostler brought him into the house, the prisoner is that man; I went into the parlour to see if any thing was lost, and nothing was gone; I found the window a little way up.

PRISONER's DEFENCE.

I called on a young man, whose name is Jack, that works there, to have share of a pint of beer; I know nothing of the window; I expected my master here.

GUILTY , Death .

(He was humbly recommended to mercy by the Jury).

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

Reference Number: t17901208-15

15. ANN ATKINSON was indicted for feloniously stealing, on the twentieth of November last, 19 yards of callico, value 16 s. and nine linen pocket handkerchiefs, value 9 s. the property of Thomas Clarke , privily in his shop .

THOMAS BOYD sworn.

I live with Mr. Thomas Clarke , High Holborn ; I am his apprentice: my master lost the articles in the indictment, on Saturday the twentieth of November, about eleven in the evening; there are two shopmen and another apprentice; the prisoner came in, she asked for some lamb's wool stockings, we had none, I told her so, she stept out at the door, and I perceived something white under her cloaths behind; she pulled the door to after her, as she stepped down, I immediately got over the counter, and took her by the arm, says I, madam, I want you, and I stooped down and took hold of the goods which were under her coats behind, sticking out, she had hold of them betwixt her legs: there were nineteen yards of callico, value 16 s. and nine linen pocket handkerchiefs, value 9 s. nothing was round them: they were in one bundle, the pocket handkerchiefs were inside the callico; they both laid on the counter; I shewed them to a customer not a quarter of an hour before, the prisoner was near that counter; I do not recollect seeing them while she was in the shop: the things were lengthways between her legs; I had not the least suspicion, till I saw something white under her cloaths: they cost more than is charged in the indictment; we had them about two months; they were not remnants. She dropped the property on the floor, and Richard Boyer picked them up, and laid them on the counter; they are marked D. B. I tied them in a paper, and have kept them ever since; they are marked A. X. A. I. X. one is my master's hand writing, the callico, and I believe the other is.

THOMAS DYER sworn.

I apprehended the prisoner.

EDWARD HUGHES sworn.

I know no more than the last witness.

Court to Boyd. How happens it that the other people that were in the shop are not here? - Mr. Walker, the Justice, told me it was not necessary.

Prisoner. I know nothing of it.

The Prisoner called one witness to her character.

GUILTY, Of stealing only .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17901208-16

16. JOHN WATSON was indicted for burglariously and feloniously breaking and entering the dwelling house of James Moore , about the hour of seven in the night, on the eighth of November last, and stealing one iron stove grate, value 3 s. his property.

JAMES MOORE sworn.

I live at No. 1. Lumber street, commonly called Lumber court, in St. Giles's Parish ; I am a broker : on the eighth of November, between six and seven, my back garret was broke open; I left it locked, about six; I went there again a little after seven, in the mean time the prisoner brought a stove to me, to my other house, No. 9, Great Earl-Street, Seven Dials, which I kept at that time; he offered it to me for sale; I directly said, my good man, this stove is mine; no; says he; that cannot he; says I, it is; he directly said, he brought it out of Newtoner's Lane; I did not so recollect as to identify it, when he took it away; I followed him, and went to my house in Lumber Street, and found my garret door broke open; the next day I found my stove at an old iron shop, Mr. Fisher's, in Crown Court; I gave my porter a description of the prisoner, and in half an hour he brought him to me, the stove was loose in the chimney; I am sure to the prisoner, and that the stove is mine.

JOHN TAYLOR sworn.

I took the prisoner. The lock appeared to be violently forced.

Court to prosecutor. Who was in your house? - A man who keeps the shop and parlour, and pays half a crown a week, and another man in the front garret, and a gentleman that has lodged twenty years in the two pair of stairs front room.

PETER FISHER sworn.

I was dealing for some shoes, a little man came in with his hand openly, and said will you buy this grate? I cannot positively say, whether it was the prisoner or not, but he was in different cloathing to what he was the next day; he brought it in the evening; I do not perfectly know the day; I took no notice of the time; I am clear it was not half past six, if it was six; I told him it was only fit for old iron, he said it was his, and he was obliged to make a fire without it: was found in the front of my shop, the porter said how long have you bought this grate, says I, how long have you lost it? says he, a fortnight; then says I, it cannot be this, because I bought it last night; then says he, by God, it is the very thing I want.

What do you deal in? - Old iron and cloaths, and second hand things; I suppose if I had said the grate had been stolen for a month the man would have owned it.

PRISONER's DEFENCE.

My sister lodges at No. 1 Lumber Street, she was brought to bed two days before, she sent to me, and the next day Mr. Moore's porter saw me, and spoke to me, and took me to Mr. Moore's shop, in Earl Street: Mr. Moore said I was like the man that stole the grate; I was taken before the Justice and discharged: two hours after I met the porter, and he took me to Mr. Fisher's shop, both Mr. and Mrs. Fisher said I was not the person, but Mr. Moore took me to Bow Street, and swore to me, and Fisher swore he did not know me.

GUILTY, not of the burglary .

Transported for seven years .

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

Reference Number: t17901208-17

17. MARY WILLIAMS was indicted for stealing, on the fourth of November last, two sheets, value 6 s. the property of Mary Ramsdale .

The prisoner was taken in the passage with the things on her.

GUILTY .

Fined 1 s. and imprisoned six months .

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

Reference Number: t17901208-18

18. RICHARD CHANTREY was indicted for stealing, on the twenty-third of November last, a piece of marble, value 40 s. the property of Thomas Carter .

THOMAS CARTER sworn.

I am a mason in Sloane Street, Chelsea; I lost a piece of marble on the twenty-third of November: it is here; I missed it about eight hours after it was taken away, which I suppose was about six; I heard of it from the patrol about nine o'clock, the next morning I found a piece was gone; I saw it at Mr. Blamire's the Justice's, at Kensington.

ROBERT GREEN sworn.

I was on the watch at Kensington Wall, and placed close to the gate, and the prisoner came up with this marble and another man; I took this man with the property about him.

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

GUILTY .

Fined 1 s. and imprisoned six months .

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

Reference Number: t17901208-19

19. JOSEPH HOLMES was indicted for stealing, on the first of November last, a cloth great coat, value 6 s. a linen smock frock, value 1 s. two pair of shoes, value 8 s. the property of Richard Callis .

RICHARD CALLIS sworn.

I live at Greenford, a working man ; the first of November I lost a smock frock, a great coat, and two pair of shoes; at eight in the evening; they were taken the fifth of November, on the prisoner, at the top of Hanwell-heath.

DANIEL CHAPMAN sworn.

I took the prisoner on Hanwell-heath, on Friday, the fifth of November, he had a great coat and a pair of shoes: these are them; I took the prisoner to the prosecutor's master, and the things.

Prosecutor. These are my things.

Chapman. These are the things.

Prisoner. I bought them of a man for eight shillings.

GUILTY .

Imprisoned six months .

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

Reference Number: t17901208-20

20. JOSEPH HORE was indicted for stealing, on the twenty-third of November , two callico shawls, value 5 s. the property of Philip Gibbons .

PHILIP GIBBONS sworn.

I am a Haberdasher and Hosier , in Tottenham Court Road ; I heard the cry of stop thief, and went to the door and saw some shawls on the ground; I ran out and saw Mr. Gosling scuffling with the prisoner; a person gave me the shawls; I do not know who it was: they were given me four minutes after.

JOHN GOSLING sworn.

I am a carpenter: I was going home about half after seven, on the twenty-third of November, up Tottenham Court Road, I saw the prisoner standing at the prosecutor's door in an improper manner, as I thought, the door was open, and he was peeping in the shop; I rather stopt, and saw him snatch something from the door; I immediately after, called stop thief; I followed him; I never lost sight of him; when I took hold of him, he dropt two shawls between his feet and mine; I saw them drop; I saw a gentleman take them up, and the prosecutor came up and the prisoner was secured; the gentleman gave the prosecutor the shawls. I a carpenter, in Little Howlett-street; I did not know the prosecutor before, nor

the gentleman since; I work with one Mr. Harrison in Rupert-street, No. 28.

(Produced and deposed to)

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

GUILTY .

Whipped and imprisoned one month .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17901208-21

21. RICHARD RICHARDSON was indicted for stealing on the nineteenth of November last, three feather beds, value 9 l. a piece of carpeting, containing eighty yards, value 3 l. and one Persia carpet, value 5 l. the property of John Russell .

GEORGE JACKSON sworn.

I live with Mr. Russell; he lives in Broker's Row; the warehouse is in Moorfields , at the corner of London Wall; on the evening of the eighteenth of November; I left the warehouse safe, a little before eight, I am very sure that all the windows were fast.

THOMAS FROMBS sworn.

I am another servant to the prosecutor; on the nineteenth of November, in the morning, about seven; I went to the warehouse; I found the door wide open; I told my master.

JOHN RUSSELL sworn.

I went to the warehouse; I found the doors open; I discovered the next day, that two squares were broke in a window, and a sash thrown up; we missed some pieces of carpeting, three feather beds, and a Persian pattern carpet; in consequence of information, I went to Mrs. Kirvin's house, in Honey-suckle Court, Grub-street; Clarke, one of the Marshalmen, went with me, one of the feather beds was found there, in a turn-up bedstead; my mark was on it at that time; on the same evening about half past six, we took the prisoner, at the Swan and Hoop, at Moorgate; Mr. Clarke asked the prisoner, if he had a father; he said he had; he would not tell what he was; he said he lived at the other end of the town; we enquired after the prisoner; by the name of the one-ey'd gunner; he was known by that name; his father lived in a court, in Grub-street, within three hundred yards of the place where he was taken; we had his father in custody, at that time; the prisoner did not know it; when he was accused of the fact, he said he sold it to Kirvin; he swore he would not turn evidence; he said he found it at Bethlem Wall, about seven in the morning, without any wrapper on it; it was a very wet morning; it is impossible it could have been found there, for it was neither wet nor soiled.

Prisoner. I wish him to look, and see if the bed is not dirty.

(The bed produced, quite clean.)

THOMAS GREGORY sworn.

I am a porter at the brokers; about half past five in the evening, of the nineteenth; I was going through Honey-suckle Court; a person said there was a nice bed going into No. 9; I had seen a hand bill, and I gave information to Mr. Russell; I went with him, and took the bed from Kirvin's; it could not have been under Bethlem Wall; it was quite clean.

HANNAH KIRVIN sworn.

I got the bed that was found at my house, of the prisoner, on this day three weeks; he brought it there between four and five in the afternoon, of the nineteenth; I was to buy it, but had net the money; and the bed was left there till I could pay him for it; Mr. Russell came in the evening to my house, and took the property away.

RICHARD TOMPKINS sworn.

I am clerk to the prosecutor. (Deposes to the property) the mark is H. I. O. this is one of the beds that was stolen.

WILLIAM FINCH sworn.

I am a hackney coachman, I know the prisoner, I saw him on this day three weeks, about half past eight in the morning, in Old-street, I was at the stand with my coach, at the Greyhound ale-house; he came and ordered me to follow him, I followed him with the coach as he ordered me, up the City Road, towards Islington; there was one Tunstall with the prisoner, and another whom I do not know; I drove to Peerless Pool, the prisoner, and the other men, whom I do not know, walked with me; we went to a stable-yard there, they opened the gates of the stable, I backed my coach in, and then they fastened the gates; they opened a stable in the yard, and they brought out a bed, and four or five rolls of carpetting, about as large as my body, and three or four large floor carpets, they put them all into my coach, and two of them got into the coach, the prisoner and one I do not know, and I drove them to the end of Brick-lane, Old-street; Tunstall stopt in the stable-yard, the other young man carried a bed up the lane on his back, and came back and got in, and ordered me to the end of the Haymarket; I went there, the other man got out of the coach, and the prisoner ordered me to follow him; I followed him to Rupert-street; there the prisoner got out, and followed him up a court in Rupert-street; I waited about half an hour alone, with the goods in my coach: then the prisoner came to me and said, I have a favour to beg of you; says I, what is it? says he, the people that I have sold the goods too, are rather dubious of a coachman, and if you'll let me go with the coach, I am going only into Soho-square, I will be back again in a quarter of an hour; he told me the goods were all stolen; he had the coach, and I staid at the public-house all the while; he was gone near two hours, the goods were all gone when he came back; then these two persons and another stranger came to the watering-house Leicester-fields, there they all got in the coach; I set one down in St. Giles's, one in Grub-street, and the prisoner at the Sun and Hoop at Moorgate, the prisoner paid me seven shilligns and six-pence; Mr. Russell applied to me on the Tuesday following, and I told him; I described the prisoner as being called the Gunner.

JOHN JACKSON sworn.

I live in Bishopsgate-street, I keep the Queen's Head, that is about a quarter of a mile from the prosecutor's warehouse; on the morning of the 19th, about one, the prisoner was at my house in company with two strangers; they staid about twenty minutes or half an hour, there were several coachmen in the house at the time; the prisoner and the others drank mulled raspberry, there was a coach waiting, it was there before the prisoner came; a man of the name of Skinner was there, he is a coachman, I believe it was his coach that was waiting; my house is usually shut up about two o'clock; I have seen the prisoner at different times these two years at my house, oftener in the night than the day; he was known by the name of the Gunner.

JOHN SIMMONS sworn.

I am the pot-boy at Mr. Jackson's, I know the prisoner, I have seen him often at my master's house, he was there in company with two strangers, Skinner's coach was there; I did not see them go, we shut up about two.

Did they or not come back again? - I do not know.

PRISONER's DEFENCE.

I picked the bed up as I was going to work at half past six in the morning.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17901208-22

22. ANN CHANTRELL was indicted for stealing, on the ninth day of November

last, a linen sheet, value 3 s. the property of William Watkins .

The prisoner was taken with the sheet upon her.

GUILTY .

Fined 1 s. and imprisoned one month .

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

Reference Number: t17901208-23

23. JAMES WILLIAMS was indicted for stealing, on the 22d of November last, seven yards of printed callico, value 10 s. the property of John Owen .

JOHN OWEN sworn.

I am a linen-draper in King-street, Covent-Garden ; I was standing in the back of my shop, and I saw a print pulled off; I called to my son John Owen to run as fast as he could, and pursue the person; he run and I run, and about ten yards off I found my print laying in the kennel; I have kept it ever since, I never saw who took it, I only saw it pulled away.

JOHN OWEN , Junior, sworn.

I ran to the door, I did not see who took it, but I saw the prisoner with this print in his hand; I pursued him and he dropped it, I do not know who picked it up, but this is the same piece.

PRISONER's DEFENCE.

I was going on an errand for my father, and coming up King-street two men ran by me and dropped something, and the gentlemen laid hold of me.

GUILTY .

Whipped and imprisoned six months .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17901208-24

24. ROBERT WATSON was indicted for stealing, on the 5th day of November last, a silver tea-spoon, value 15 d. the property of James Raw .

JAMES RAW sworn.

I live at No. 19, Ogle-court. Queen Ann-street, East ; I lost a silver tea-spoon on Friday, the 5th of November last, from off my table, in the front parlour; I was not at home, my wife was out, my child was standing by the table; it was found in about an hour in the hands of a Jew named Hart Solomon; the spoon was marked M. P.

ANN RAW ,

Did you ever take an oath? - No, Sir.

Have you been taught your catechism? - Yes.

Have you never been told what will become of you, if you are a naughty girl and tell stories? - Go to hell, Sir.

ANN RAW sworn.

Robert Watson came into our house on Friday morning the 5th of November; he was a stranger to me, I never saw him before, he is the man, he came into the front parlour about nine in the morning, I was in the room, nobody else, my grandmother was in the back parlour; I asked him who he wanted; he said, is the landlady at home? I said no; and my grandmother in the back parlour called out, who is that? and he stepped into the back parlour; he said, is the landlady at home, I have a nice leg of pork for her; my grandmother said no; she is not; he had nothing in his hand, he came out and went to the door, and came in again, and went into the back parlour again, and asked when she would come in; and he comes into the front parlour to me, and said, go and tell your mammy that Mr. Jones wants you; I said I cannot leave the parlour, nor I shall not for you; then he pushed me from the table and said, tell your mammy I will call in half an hour; I saw no more of him, till he was taken, about ten the same morning.

Did you observe him take any thing? - No, I did not see him take it, but it was on the saucer when he came into the room;

my mother came in and missed it; I did not.

FRANCES HAMMOND sworn.

Deposed to the same effect, as to hearing the prisoner coming into the back parlour, and was sure the prisoner was the man.

HART SOLOMON sworn.

I am a Jew; on Friday morning, I do not remember the day of the month, it was this day five weeks (5th of November) the prisoner called clothes, and he went into a house for a minute or two, and he came out again, and said come this way; I went to him, and he asked me to do him a favour; I said I would if I could; he asked me to go to No. 38, Portland-place, that he was going for a soldier, and was to have five guineas; I shewed him the way, and going along he pulled out a tea-spoon, and asked me two shillings; I felt the weight of it, and offered him one shilling and three pence for it; I bought it of him, and gave it to Mr. Raw the prosecutor; he found me with the prisoner at No. 38, he bid me wait for him, to sell me some more old clothes.

Prisoner. What house did I go into? - I do not know, I went in no house with him but a public-house before we got to Portland-place.

Prosecutor. I found the prisoner and this witness in Portland-place; I took the child with me, and when she saw the Jew standing at the door, she said, daddy, that is one of the men: the prisoner was in the gentleman's house at that time; the child pointed to the Jew, who stood at the door; as soon as the prisoner came out I seized him at the door; the child said that was the man, she knew them both.

Court to the little girl. You said nothing about the Jew man? - No, Sir, the Jew stood over the way, right opposite our house, at No. 4, during the time the other man came in; they both went together, I am sure of the Jew man.

JOHN WILLIS sworn.

I am a carpenter; on the 6th of November I was at work in Portland-place, and I heard the little girl give a description of the prisoner and the Jew opposite, and I went there and saw two men answering the description, and I came and told Mr. Raw, I went back with Mr. Raw and the child; as soon as we took them, the Jew confessed he had the spoon in his breeches, I heard him say so; he wanted to pull it out, and opened the button, and I said, if you have it you may keep it till we get to the office.

Raw. He delivered it me, I have it now; (Produced, marked M. P. and deposed to.) my wife bought it at a pawnbroker's; I had no more so marked.

PRISONER's DEFENCE.

I went into this shop to buy a leg of pork, and asked the little girl if her master or mistress was at home; she said no; I went out again, and came in again, and asked her if she could serve me; I saw the Jew over the way, and said to him, I will humbly thank you to shew me where General Harcourt lives; he said, if you will give me a glass, I will shew you; we went to the public-house, and he was a penny and I was a penny, but I never saw the spoon or the sight of one.

Jury to the little girl. Had any other person been in the front parlour before the prisoner? - Not any body.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17901208-25

25. WILLIAM THOMAS was indicted for stealing, on the 15th of November , three guineas, value 3 l. 3 s. the property of Benjamin Lawrence , in the dwelling house of Ephraim Franco , and Mr. Smith .

BENJAMIN LAWRENCE sworn.

I am groom to Mr. Smith: the prisoner came to my master's house, on the 15th of

November, about ten in the morning, to ask for Mr. Franco's footman's place: I told him I wold speak to the gentleman, I told Mr. Franco a person wanted him, and told the prisoner to sit down in the kitchen, and my master sent me out for about fifteen minutes; I left the prisoner in the kitchen, when I came back he was gone, I missed the money the moment I came in, I rang the bell, and my fellow servant told me the prisoner was gone, and that he would not wait for an answer; my room-door was open when I came in, there is a servant's hall between that and the kitchen; I went into my room before I went out, and shut the door after me, I saw my breeches were moved, they lay on my box unfolded, I searched the pockets, and the money was gone, it was loose in my breeches, there were three guineas and some silver; I have never seen the money since, I looked after him, and I took him on the 19th; I asked him if he recollected being at Mr. Franco's; says he, very well I do; I charged the constable with him directly, I heard where he was, and took a constable with me; the prisoner says, what do you charge the constable with me for? says he, d - n me, let's have a pot of beer; I said he might have a pot of beer, but I would not stop at that house; we took him, and going along he began to cry, and said he was very sorry for what he had done; I asked him what he had done with the money; he said he had taken his clothes out of pawn, and had only one half guinea left; we took him before the justice, we drank part of two pots of beer together at different houses, and I sent to my master to let him know what I had done.

Did the prisoner say any thing more? - Before the Justice he cried and begged for mercy.

Had not you told him it would be better for him to confess? - No, my Lord, he told me there was two shillings in silver, with three guineas.

Court. What is Mr. Franco's name? - They call him Epha. I cannot read.

DAVID SIMPSON sworn.

I am a constable, I apprehended the prisoner in company with Lawrence, on Friday the 19th of November, at the Sash public-house in Moorfields.

Did any thing pass between Lawrence and the prisoner? - Lawrence said, what a wicked man you are to commit such an affair the prisoner owned that he was guilty, and hoped he would forgive him, for he took his clothes out of pawn; Lawrence said he had taken three guineas, the prisoner could not deny it.

Did you or the prosecutor say any thing to desire him to confess? - Neither of us did to my knowledge; the prosecutor said he would do nothing in it himself, he left it to his master.

PRISONER's DEFENCE.

I called that morning after Mr. Franco's place; I waited there, and was obliged to go after another place, and I went away, and the prosecutor took me at the Sash after- afterwards; his master came to the Justice's, I was brought three times to the Justice to see if I could make up the money; he said he would let me go if I could get the money to give to him.

Court to prosecutor. Did you tell him you wanted your money, and if he would give it you he might go? - I told a friend of his I had been three guineas out of pocket, that was all.

To Constable. Did you hear him make any offer of that sort? - He said he would leave it to his master.

Was he brought up three times in order to see if he could make up the money? - He was kept to see if he had a good character. from the two last places where he had lived.

JOHN CARNS sworn.

I live in Crispin-street, Spital-fields, I am a broker, I have known the prisoner six months; before the Justice the coachman agreed, that if he could make up the money, and could bring two housekeepers to give him a good character, his master would discharge him; it stood over on that account, and two housekeepers came, and the master was not there; it was put off till the next day, he could not make up the money; I

offered to give my note at a month; he said he would do nothing in it; if I would go to his master he would treat with me.

Court to Lawrence. Did you offer to let him off if he brought three guineas and a good character? - Yes, if he could get a good character from his two last masters. My master had a letter from the country, and it was a bad character: there was no one attended to give him a character the third day.

To Carns. You said it went off because he could not make up the money? - Yes, There was two housekeepers the second day, Mr. Westofer, he lives in an alley in Featherstone-street, a watch gilder, and James Cornwall , in Christopher's-alley, Moorfields, a silk dyer; neither of them was asked as to his character, the master not being there; they were not there the third day.

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

GUILTY ,

Of stealing, but not in the dwelling-house.

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17901208-26

26. JOHN HARPER was indicted for stealing, on the 3d day of December , a wooden box, value 6 d. three silk gowns, value 20 s. a pair of sheets, value 5 s. a pair of pillow-cases, value 2 s. and divers other things , the property of James Wood .

ROBERT NEWMAN sworn.

I am an officer. On Friday the 3d of this month, about six in the evening, I was going down Fleet-lane; I turned up Seacoal-lane; I got up about twenty yards, and I observed the prisoner coming along with a box on his head; I had a suspicion, and turned back, and saw the prisoner turn into Fleet-lane; I followed him; he had taken the box off his head, and put it under his arm, making off very fast; I ran up to him, and I stopped him; I asked him what he had got? says he, it is a box; I asked him the contents? he said, he knew nothing at all of them, that he was going into Fleet-market with it; he said, one Manby knew of it; I knew Manby; he asked me to go up to Manby's house with him; I went, but Manby was not at home; we saw his wife; she said she knew nothing of that box; I took the prisoner to a public house; the box was locked; he wished a person to go to Manby's again; he said he got the box in Holborn, and begged of me to be as merciful as I could; he did not say how he got it; I took the prisoner to Wood-street Compter; a person that is here carried the box; after I had put him in the Compter, I went again to Manby's; he was come home at that time; I told him what had happened; he said he knew nothing of the business.

ELIZABETH WOOD sworn.

I employed Mr. Manby to move my goods from Gray's-inn-lane to Union-court, on the 3d of this month; when the cart came, he sent two men with it; the box and a picture we missed; there was D. A. on the box; it contained the articles in the indictment: (enumerates them): Newman came to me to ask me if I had lost any thing? I went the next day to Guild-hall, and I saw my box and the man; I can swear to the property: (the box produced, and the things deposed to): amongst the other things, there was the certificate of my marriage.

Prisoner. Did you find the picture? - Yes, the next day.

ALICE WOODWARD sworn.

I saw the prisoner with some other men in the court, when the goods were moving.

JACOB ROBERTS sworn.

I was with Newman; I know no more than he does.

PRISONER's DEFENCE.

I am innocent: I found the box.

The prisoner called two witnesses to his character.

GUILTY .

Whipped and imprisoned six months .

Tried by the London Jury before Mr. Justice ASHURST.

Reference Number: t17901208-27

27. CATHERINE JACKSON was indicted for stealing, on the 21st of November , a cotton gown, value 7 s. the property of Laura Evans .

LAURA EVANS sworn.

I lost a cotton gown about three weeks ago, or it may be longer, from a back room on a ground floor, Little Windmill-street , where I lodge; I saw it a week since, on one Mary Walker ; the constable has it; I know the prisoner, and have seen her before I lost my gown; I do not know where she lived.

MARY WALKER sworn.

I bought this gown, to the best of my knowledge, about three weeks ago, of the prisoner; I offered her seven shillings for it; I asked her if it was her own, and she said her sister gave it her.

JAMES SLADE sworn.

I apprehended the prisoner.

Prisoner. I bought the gown.

GUILTY .

Fined and imprisoned six months .

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

Reference Number: t17901208-28

28. JAMES TEMPLEMAN and GEORGE PLATT were indicted for feloniously assaulting Henry Sharp , on the king's highway, on the 17th of August last, and putting him in fear, and feloniously taking from his person and against his will one half guinea, value 10 s. 6 d. and seven shillings in monies numbered, his monies .

The case opened by Mr. Garrow.

May it please your lordship. Gentlemen of the jury. Gentlemen, I am counsel in this case against the two prisoners: the indictment imputes to them the offence of a highway robbery; and as the circumstances by which this offence is to be brought home to them, are attended with some peculiarity, it will be my duty to state to you some of the leading features of the case, and the law as I apprehend it. Gentlemen, in order to constitute the offence of highway robbery, it is unquestionably necessary that an attack should have been made on the persons of those that come to complain, and that their property should have been taken from them against their will, with some degree of force: on this occasion the terror which has been applied to the prosecutor, and which has induced him to part with his money, is not that which has been applied by any weapon threatening him with personal danger, but it is that which, under the authority of all the judges in England, constitutes as effectual a terror in a highway robbery, as if the most tremendous instrument by which personal mischief can be committed, was produced, and threatened to be applied. Gentlemen, the prisoners, as you may collect from their appearance, are soldiers in the guards; the prosecutor of the present indictment is, and for more than twenty years last has been, a porter to a very considerable manufactory in Covent Garden: some time before the 22d of July he was passing through St. James's Park, on his master's business, where he saw the prisoner Templeman then on duty, and discoursing with his fellow soldiers; he was describing something about a person's being drummed out of the regiment; he listened; Templeman asked him to give him something to drink; the man said, there was no publick-house near, or he had no objection; they parted for that time: soon after this, on the 17th of

August, the time which constitutes the present, among many other complaints; as the prosecutor was passing through Great Queen-street he saw the two prisoners, one of them Templeman, the man he had seen before, crossed the street to him, and said to him, how do you do? the prosecutor said, he was very well; Templeman said, will not you give us something to drink? the prosecutor said, for what reason? to which Templeman made this reply, you know soldiers pay is very small, they cannot live by it, and we must have money some how; the prosecutor said, that was no business of his, they were not to live by him; upon which he swore he would be d - nd if he had not something; the two prisoners joined company, and they both pursued him for a considerable time, threatening him with vengeance, and that they would charge him with an unnatural practice, having behaved indecently to them, and other crimes of the same nature and tendency. Gentlemen, in the publick streets of this great town it is not very much to be wondered at, that the prosecutor should submit to these men; he did so, and gave them half-a-guinea; they pursued him; they insisted he should make it up two guineas, that he should go into a publick-house, and sign a note for the two guineas, and after a great length of pursuit the man parted with seven shillings more of his property, under a promise to meet them at a particular house that was mentioned; at that time he got rid of them. Gentlemen, I know it has been asked by former juries, how it happens that a man submits to part with his money on such an imputation as this; but I am afraid no man is quite equal to the task of deciding how even a wise man, and a man of firmness would act, till brought to the trial; one thing I am quite sure of, that the moment a man has been foolish enough, and indiscreet enough to part with the smallest portion of his money on such a charge, there is no end to the pillage that shall be committed: so it happened on the present occasion, this man having parted with his money, submitted himself to the attack of all the bad men in the regiment, and it forms an important confirmation of the testimony of the prosecutor, so as to involve the prisoners in the guilt. Gentlemen, from time to time the prisoners, sometimes together, sometimes one of them alone, sometimes one of them with other accomplices, continued to harrass this unfortunate man, and extort from the produce of his very hard labour, to the amount of several pounds, in the course of a very few months: I state it to you, that at last worn down by those repeated solicitations, he was driven to apply to a friend, and what passed between one of the prisoners at the bar (for the other was not present at that time) will be extremely material and important for you to take into your consideration. Gentlemen, the prosecutor, Sharpe, after having been repeatedly applied to, and as repeatedly pillaged of his property, applied to a person of the name of Simms, who keeps a greengrocer's shop, for his advice and assistance, and at one of the meetings Simms was present, and he seems to have acted with as much propriety as one would expect; he applies to Templeman, who was with another man, not included in this indictment; coming into the room in which they were together, he says to Sharpe, are these the men that have extorted money from you? this was in the hearing of the prisoner Templeman; the prosecutor said, yes; upon which Simms proceeded to state to them, that he wondered at their conduct, as they were subject to a capital charge, and that he should think they might be in liquor; the reply made by Templeman is of extreme importance; he said, he was not in liquor, he knew very well what he was about, and admitted he was one of those who had already extorted money from the prosecutor: gentlemen, Mr. Simms still proceeded, he said, for God's sake has there ever been any thing indecent passed between you and any of these men? to which the prosecutor protested his innocence, as he will do to night on his oath; and both the persons thenpresent admitted there had been no charge whatever against this man, that they might as well have made the charge against a person a thousand miles off; that they admitted in the most ample, full, and unequivocal manner: upon this they proceeded to write what they called a discharge, Templeman having previously written the letter, which I will read to you;

"Sir, I should be much obliged to you if

"you will please to step out to me, I have

"got something very particular to say to

"you; I did not like to have talk in your

"shop, as I thought you would not like

"it; I expect you to attend me immediately." Gentlemen, in consequence of this the prosecutor went out of the shop, and adjourned to the place, where Simms met them, and the result of the meeting there, when Simms was present was, that the prisoner Templeman wrote this, which he called his discharge, and which was signed by him and another person; -

"I

"do hereby promise that I, Thomas Vick , (which never was Templeman's name)

"and Thomas Brown , will not molest or

"disturb Mr. Sharpe on any pretence

"whatever." - Gentlemen, the question for you materially will be this, is the story in the main, which the prosecutor, shall tell you, true? is it true that he was attacked by two persons, at the time he will describe to you, on the king's highway, and that in consequence of the conversations I have stated, or indeed alluded to, he parted with his money? if so, the next question is, who were the persons who so procured the money from him? were they the prisoners? about that you will have this evidence; first the positive testimony of the prosecutor, who saw them on several occasions, and who had great reason to observe them; the testimony of Simms, an indifferent witness; and the declaration of these two men themselves, after they were taken into custody. Gentlemen, in justice to them, if it could be of consequence to them, I ought to state the whole of those declarations; they did not deny the circumstance of their having obtained money from the prosecutor; but they seemed to have thought, that if there was any foundation for the charge that they had extorted it, they extorted it with impunity, for they stated before the magistrate, that this man had been guilty of those indecencies, and that in consequence of those indecencies, they obtained the money from him. Gentleman, if a man is of unnatural practices and tendencies, in the name of God let those who know it, and can prove it, thrust him to the bar of criminal jurisdiction; let such a man meet with the punishment due to his merits; but God forbid that should be made a pretence upon which bad and guilty men should extort from the king's subjects the money from their pockets; even if that afforded a defence, if it should throw a shade on the testimony of the prosecutor, such a case does not exist in truth; the man will himself deny it; the man himself will solemnly tell you, that he never saw these men but under the guilty circumstances I have stated, and he will confirm this by the testimony of Simms; and I have material witnesses to shew you that the character of the prosecutor excludes all suspicions of such a kind. Gentlemen, I already hinted to you, that there is a degree of doubt excited in the mind of many a man, when he hears of money being parted from; I have already told you that some of the best men that ever ornamented society, have been weak enough not to be able to bear up under the terrors of accusations against their characters, so alarming and so terrifick as the present; that they have submitted with the most perfect consciousness of innocence, to part with a little trifle of money, to prevent being called into a court of justice. Gentlemen, I shall lay before you the evidence. On the one hand, the growing experience of the times shews us that these accusations, which are very easily made, which are extremely difficult to be refused, which may be made by the worst of men against the best members of society, have grown to an amazing height, and it is a duty you owe to the publick to make the prisoners the sacrifices of their own delinquency, if you believe them guilty; but

on the other hand, however much you may abhor and detest the crime imputed to the prisoners, in your abhorrence of the crime you ought not to involve innocent persons in the consequences of guilt. Gentlemen, I have no doubt but you will attend to the evidence with that care and impartiality which ought always, and which, thank God, always does, characterize an English jury. I shall call the witnesses with no anxiety about the result of the case, having no doubt but publick justice will be satisfied.

HENRY SHARP sworn.

I am foreman of the carpet-warehouse under the Piazza, Covent-garden, and have lived there 24 years; I saw the prisoner Templeman first about a year ago, and coming down the steps into the Park from Dartmouth-street; it was of a Sunday; he was telling some persons something about a soldier being drummed out of the regiment; he said it was very cold; he asked me for something to drink; I said, there was no publick-house near, or I should have no objection; he said, he should soon be off guard; I said, I should not be there. On the 17th of August, about eleven in the forenoon, I was going to Queen's-square, Bloomsbury, to lay down a carpet; I saw the two prisoners near the pump in that street; Templeman left Platt, and crossed to me, and said, How do you do? I says, very well; he says, Will not you give me something to drink? I says, no, for what? He said, every one knows soldiers pay is very small, such as they cannot live by, and we will have money somehow; I said, What is that to me? you are not to live by me; he replied, he would be d - ned but he would have some money; I made answer, in the same language, I would be d - ned if he should from me; he said, if I did not, he would charge me with indecent behaviour; I asked him what he meant by that; he said, that the Duke of York gave such encouragement to soldiers, that he would give them five guineas for charging any man with indecency: Platt, during this conversation, walked slowly on behind him; he took no part in it; then Templeman turned round, and waved his hand for Platt to come to him; accordingly Platt came up, and Templeman says to Platt, he will not give us any thing; they both said they would be d - ned but I should; for I had behaved very indecently to them at a publick-house, one Johnson's, down at Westminster; they both repeated, over and over, that the Duke of York had given a man five guineas lately for charging another.

Did they explain what indecency you had been guilty of? - Yes; they said I wanted to search his privates; them were the words.

Who used that expression? - Templeman.

In the hearing of the other? - Both close together: I said, I was very much surprised that they could behave in such a manner, they knew nothing of me; they said, damn their bloods, they did not care, they had so much encouragement, that they would do it, and if I did not give them money, they would have me pilloried, as a man was in Bond-street, or Hay-hill, or somewhere that way: I being very much alarmed indeed with such threats, I could not tell what to do; I was afraid of my life from the people; I told them, if they behaved themselves like men, there was a shilling for them, and I gave Templeman a shilling.

What induced you to give that shilling? - Fear, Sir.

Fear of what? - Fear of being exposed to the people, and my character; I in short was in such terror, that I did not know which way I turned: they said, that would not do; Platt said, what was a shilling between both; they went on abusing me through Gate-street, Little Turnstile, into Holborn, and up Dean-street, still repeating their request, that they would swear indecency against me, and have me punished, if I did not give them more money.

What were the expressions they made use of? - Damning their eyes but they would swear an unnatural crime against me.

Repeat the very words. - Them are the very words; d - n your eyes, if you do not give us more money, we will charge

you with an unnatural crime; in this way they kept following me for some considerable time, till we came to the top of Red-lion square; then Templeman says to a lad that was there, d - n him, where is a constable, we will charge a constable with him; the lad made no answer; upon which the prisoner Platt said, what should we do that for, he will give us more money. We passed the corner of Red-lion square, they still repeating their demands; there I was so much alarmed; and in Lamb's-conduit passage Templeman swore it would not do, he would have two guineas, and gave me the shilling back; I told them I had not two guineas to give them; they were both close together, both joined in the conversation, all the way; they kept repeating their demands, d - n their eyes if they would not charge me with an unnatural crime: when we came into Lamb's-conduit-street, Templeman said, d - n his eyes, a magistrate lived there, and they would take me before him, if I did not give them the two guineas; I told them, if I had done any thing wrong, to do it; I bethought myself where I was, and I turned back up East-street into Devonshire-street, and to Queen-square; and in Little Ormond-street, by the church of St. George the Martyr, we stopped; there they still demanded two guineas, or else they would follow me the whole day, go where I would; I told them I had not the two guineas; Templeman desired I would go into a publick-house, and give them my note of hand; I told them I would not, let the consequence be what it would; Platt asked me if I had not property enough about me, where was my watch; I told them I had none, but I would give them what I had more about me, which was 7 s. more and upwards; Templeman said that would not do, he would have two guineas, and would follow me the whole day: while we were in this conversation, a well-dressed gentlewoman passed; it took, I believe, her attention; to wave, I suppose, the conversation, Platt said, if your brother's note is not paid tomorrow, we will arrest you: then they said, if I had no more money about me, I should meet them at night, and make it up two guineas: Templeman said they would not let me go; Platt said, let him go, his name is Mr. Reynolds, he lives at No. 5, James-street, Covent-garden, he is a carpenter and undertaker: Templeman said it must be that evening, at 8 o'clock; no other time would do: I said, I did not know I could raise two guineas that evening: Platt mentioned the King's-head, James-street; I appointed the Fountain, Round-court; we did not meet; and we parted: on the Friday following I saw Platt alone; I saw the two prisoners together, the 20th of September, on a Monday, I think, about two in the afternoon, at my master's shop; Templeman opened the door and came in, Platt and another was without the door waiting; I followed Templeman out; in consequence of what passed that day, I went to Mr. Arthur Simms on the Tuesday; I was so exceedingly uneasy, I could have wished myself out of the world a thousand times: on Wednesday, between 9 and 10, I went with Simms to find the prisoners; they were not on the Parade; they belong to the 2d regiment: on that Wednesday, about one in the afternoon, the prisoner Templeman and another man came into the shop again, and gave me this letter into my hand; he said it was an order from the Duke of York to attend his Royal Highness at the orderly room: Platt was not there at that time: this is the very paper: (Read.)

"September the 2d, 1790.

"Sir,

"I shall be much obliged to you if you will please to step out to me, as I have got something very particular to say to you; I did not like for to have talked to you in your shop, as I thought you would not like it; I expect you to attend me immediately.

"Yours, &c.

"T. B."

Upon this letter, I followed him out of the door, and looked at it; I asked him to step along with me, I did not say where, but I went to Mr. Simms's stall, as Simms and me had agreed before; he went with me;

Simms was not at home; I sent for him; Mrs. Simms went for him: Templeman said I must go directly, for the Duke was waiting in the orderly room, and he would be gone; I said I would not go without a friend, though I had no objection to go; I desired him to stop till my friend came; he said, d - n your friend, what have we to do with him; if you will not go with us, we will fetch them that will make you: Templeman and the other were very abusive; I really was afraid of a mob: I desired them to go to a publick-house and call for a pot of beer, and I would pay for it, but I would not go till somebody came to go with me: they were very clamorous about my going, and we went to the Northumberland-arms, Great Russel-street; Templeman asked me for some writing-paper, and pen and ink, to give me a discharge, never to trouble me on any pretence whatever; Simms was not yet come; I sent a girl for a sheet of paper, and we went into a back room; I left them, o fetch some money; they came down then to a guinea; I came back with Simms, and we both went into the back room; there were Templeman and Smith; Simms asked me whether them were the men that had extorted the money; that was in their hearing; I told him they were two of them: Mr. Simms got up, and came close to them, and said, Good God, you must be in liquor, you cannot be in your senses; they said they were as sober as he; then he told them they could be but little acquainted with the laws of their country, for, had I acted any thing that was improper, they should have taken me to a justice, for by extorting one shilling in the manner they did, it would most likely affect their lives. Simms asked me, Sharpe, have you, or have you not, at any time, behaved indecent to those men? I declared, as I do now, as God shall never receive me, if I ever knew whether they were men or women, or ever took any liberties with them: Templeman said I was innocent of the charge they had laid to me; they both said, he is an innocent man, but we want money, and will have it somehow: I begged from that time forward that they never would think of such a way of life; I said how unwilling I was to take away the life of fellow-creatures; and they said they were very thankful to me, and would never trouble me again: Templeman wrote this paper, and signed one as his own name, that is, Thomas Vick , and wrote Thomas Brown his mark, to which Smith made a mark.

(The paper read.)

"I do hereby promise, that I Thomas Vick , and Thomas Brown , will not molest or disturb Mr. Sharp on any pretence whatever.

(Signed)

" Thomas Vick ,

" Thomas Brown , his X mark."

Sept. 22d, 1790.

At that time what money did you give them? - Ten and sixpence. The prisoners were taken into custody the 4th of November. Templeman came to my master's shop between seven and eight in the evening; I went to know what he wanted with me; I said, what are your demands with me? he said, money: I desired him to step with me; he said he knew where I was going; he cared neither for me nor my friend: I sent for Mr. Simms; he was making his demand for money; in about two minutes Simms came; he said, Sharp, what would you have done with this man now? I said, take him to Bow-street: he went pretty peaceable till we came near to the end of Bow-street; then he swore he would be d - ned if he went; Simms collared him; he was very resolute; but we took him to Bow-street: Templeman was secured; the other man, Platt, was taken that evening, in consequence of some information Templeman gave: on the examination before the magistrate I was present, and Platt declared he never saw me before, over and over again: they were examined separate: Templeman said he had something to say that he could not say at the public office; Mr. Bond said that was the time; he said, he was on sentry, in the time of duty; that I came up to him and asked him to drink; he said, he could not till he was off duty; that I said I would go to a publick-house

and call for some beer, and he came, and I sat with a pint of beer before me, and I asked him to drink; when that was out, I called for another, and another, and then I asked him where he should be posted the next sentry; he told me it was very uncertain, but he was stationed somewhere at a box facing the recruit-house; it was between eight and nine, or near nine; that I said, halloo, is it you? I said, yes, it is, I know by your voice.

The result was, that Templeman had said some indecencies passed between him and you in the Park? - Yes.

Look at the prisoners; are you quite certain to them; are they the two men who on the 17th of August got the ten and sixpence and the seven shillings from you? - Very certain; I saw Templeman four times before he was apprehended, and Platt seven times; I have not the least doubt in the world but they are the two men; they were following me near half an hour.

ARTHUR SIMMS sworn.

In consequence of a representation made by Sharp, I went to the Northumberland-arms, on Wednesday, I am not cert in to the day of the month; I went with the last witness; there I found Templeman and Smith; I went in just before Sharp, and asked them if they did not want the porter at the carpet-warehouse, naming him; they said, yes; Sharp instantly came in, and I arose from my chair, and I said, Mr. Sharp, are them the two men that extorted the money from you? he then said yes; and I asked the two men what they could think of themselves, to threaten a man with such a crime as they had done; I then asked Mr. Sharp whether he was guilty of it or not; he then said, no, he was not; they both of them then declared that he was not guilty; I told them then that it was a very odd sort of life that they had taken, and as they were both young men I would wish them to apply their minds another way; I asked them if they knew the meaning of extorting money, for I thought one shilling extorted would take their lives, or something to that purpose; Templeman then said my talking to them had taken that effect on him that he would not go that way any more: then they got more money: I saw Templeman write the paper, and sign his name, as he pretended, and give it to the other, who made his mark: this is the paper that Templeman wrote.

Prisoner Platt. Do not you know the sign of the Horse and Groom, in Eagle-street, some years back, a house of a very infamous character? - Yes, I do.

Whether it was not a house that was used by a person of the same description as Mr. Sharp, who is now confined in New Prison, who knows the connection of Mr. Simms for eight or ten years back, who is of the same description as my prosecutor? he is in New Prison, and we cannot get him out.

Mr. Garrow. Have you ever been married? - I have had three wives.

Have you had children by them all? - Not by the present, but by the other two I have had a great many, two at a time sometimes.

PRISONER TEMPLEMAN's DEFENCE.

The first time I saw the prosecutor was when I was standing at the Cockpit steps; it was within a quarter of three; he asked me the hour; I told him; he asked me if I chose any thing to drink; I told him no, there were so many officers passing, I was likely to come into trouble; he asked me what house I used; I told him we generally used Johnson's, the corner of Queen-square; he asked me what time I came off guard; he said he would be there; I went there, and found him sitting there with a pint of beer before him; when I called for a pint of beer, he said I had no occasion to call for any, he had some; he asked me to sit down by him; I did; he asked me if I chose any thing else; he called for another pint; he asked me how old I was, how long I had been in the regiment, and whether I was married; I told him; he asked me when I went on guard again; I told him at

eight o'clock; he asked me what post; I told him I was a sentry at the Bird-cage walk, near the recruit-house; he said he would be sure to be there at eight o'clock; he came, and asked me what it was o'clock; he said he knew my voice; he walked up and down, and asked me several times if I knew one Tillotson, one Jameson, one Stringer; I told him no; he said they were young lads he had a very great regard for, and they had had many pounds of his money; he asked if there were any girls about; he asked me to go into my box; I told him no; he said, you are very hard-hearted; I asked him for what purpose; he went behind my box (if there are any ladies in court, I hope you will desire them to withdraw), and he called me to him; I asked him what he wanted, and he had then unbuttoned his breeches, and got his privates out, and wanted me to feel them, and asked me to feel mine; I said no, is this the purpose for which you have followed me this four or five hours? he immediately buttoned up his breeches; I took hold of him by the collar; my firelock was in my hand, and that was falling down; he got away from me, and I never saw him till the latter end of July or August: going down Queen-street, I was with Platt, and I said, that is the man that used me so ill; he said, how do you do, soldier? I said, how do you do? I mentioned the circumstance; he said, says he, I remember something of it, but I hope you will not hurt me; there is a person behind with a carpet on his head, who belongs to the same shop, and I hope you will not hurt me; he gave me 18 s. 6 d.; says he, I have no more money; if you have a mind to meet me at the Fountain, in Round-court, I will give you another guinea; but, for God's sake, say nothing of it: I took the money, and saw him no more till we went to Mr. Sharp: I was talking with a comrade; Sharp came out and tapped me over the shoulder, and said, do not say any thing, here are five half-crowns, go about your business. I am as innocent as a child unborn.

PRISONER PLATT's DEFENCE.

About the latter end of February, Sharp came to me; I was talking to the sentry; he asked me to have a drop of porter; he gave me a shilling to fetch a pot of porter; I went to the Horse-guards and fetched it; I went to give it to him; he bid me drink, and told me to keep the change for myself: after the beer was out, he went away, and stood by the Horse-guards; he stopped me again, and asked me to have a glass; I told him I would rather not; he asked me my name, and if I could meet him that night, at seven o'clock, at the Black-horse; I told him I could not that night, but the next evening I would; I met him, according to promise; he had a pint of purl and gin, drinking it: just about eight we set off; he paid the reckoning: going up the Park, he kept squeezing my hand, and hugging me; he said it was very cold; he thrust his hand into my breeches, and wanted to kiss me; I knocked him down; he told me then his name was Reynolds, and he lived in James-street, Covent-garden; he was a carpenter and undertaker: when I first found out where he lived, I was waiting for some potatoes; he came out and tapped me over the shoulder, and put five half-crowns in my hand: several other men in the regiment know him. I find Mr. Simms, by all accounts, is as noted a man as any going; he used to live with one Mr. Young, at the Horse and Groom, in Eagle-street, as man and wife.

BOTH GUILTY , Death .

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

Reference Number: t17901208-29

29. STEPHEN SUFFIELD was indicted for stealing, on the 8th of November last, one half-crown, value 2 s. 6 d. and three halfpence , the monies of James Field .

The prosecutor slept with the prisoner and two other men; and he marked a half-crown,

having lost some money before; the half-crown was found the next morning in the lining of the prisoner's coat.

Serjeant Wiredrawer gave the prisoner a good character.

GUILTY .

Fined 1 s. and imprisoned one month .

Tried by the second Middlesex Jury, before Mr. Justice BULLER.

Reference Number: t17901208-30

30. MARY HARRIS was indicted for stealing, on the 28th of October , an hundred iron shoes for beltend poles, value 20 s. the property of Reuben Shaw .

The prisoner was taken in Long-acre with the property.

GUILTY .

Fined 1 s. and imprisoned one month .

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

Reference Number: t17901208-31

31. MARY otherwise ANN HAWKINS , was indicted, for that she, on the 8th of December last, about the hour of four in the night of the same day, being in the dwelling house of Thomas Marshall , four silver table-spoons, value 20 s. and a diaper table-cloth, value 1 s. and a tin box, value 1 d. the property of the said Thomas, burglariously and feloniously did steal, and afterwards did break the said dwelling house about the hour of four in the night, to get out of the same .

The witnesses examined separate, at the request of Mr. Knapp, prisoner's counsel.

(The case opened by Mr. Knowlys.)

ANN MARSHALL sworn.

I am wife of Thomas Marshall , in the precinct of St. Catherines , a wharfinger . I know the prisoner; she came to me last Tuesday; I had her character from a Mrs. Yates, in Portland-street, by word of mouth; I hired her as a house servant ; she did her work on the Wednesday very well, and made no complaint, only she said there was a great many windows to shut; but she did not intimate that she was going away; on Wednesday night I saw all the doors fast; the street door was chained, and bolted with two bolts, and double locked; she took off the cloth from supper at half past ten; our spoons were not in use; I believe the prisoner followed me up immediately; we had two tinder-boxes in the house, one in the kitchen, which I missed, and the other was up stairs; she broke some matches into that tinder-box at twelve that night; I saw her no more till Friday, at the Justice's; I awaked about six; and the street door is just under my room; I set up some time, and I heard a watchman ring at the bell; and somebody went down and opened the door without taking down the chain; it was not light then; I got up about a quarter after seven; I missed four plain silver tablespoons; a large spoon, and a spoon that was cyphered, were left; the diaper table cloth that had been used the night before, and the tinder-box was gone that was in the kitchen the night before; it was a tin box; I put two of the spoons in the case that evening; and I locked the case, and the key was hanging by a bit of string; and I saw the other spoons in the case, only the vacancy of one spoon; I am quite positive

these four table spoons were in the case at night; the table-cloth and spoons were never found; I saw a tinder-box produced.

DANIEL CLARKSON MARSHALL sworn.

I am brother to the prosecutor: I slept in his house on Wednesday last: I got up at ten minutes before seven; the day was just beginning to break; I cannot say it was light; I was called as usual by the watchman; nobody went down while I was dressing me; I laid hold of the latch and pulled it back; but whether it had catched, I cannot say; but I think it was fast; it was not chained or bolted.

Mr. Knapp, prisoner's counsel. It was darkish then? - Yes; there was some light from a window over the door.

RICHARD WALKER sworn.

I lodged in Mr. Marshall's house; I got up after Mr. Clarkson Marshall.

Had you ever gone out that night? - No.

THOMAS MARSHALL sworn.

I keep this house; I am husband of the first witness, Ann Marshall . On this Thursday morning I heard the watchman ring at the door; I did not perceive it was light; I came down about seven, within two or three minutes under or over; hearing the door open without being unchained and unbolted, I got up; I went into the maid's room, and she was not there, nor in the house; I was with the officer when he took her at her lodgings; she gave no intimation of her going; I heard my brother get up and open his door, which makes a noise; I heard nobody come down or go about the house, after the watchman wrang, and my brother went out.

If the door had been opened, and the bolts drawn back between those times, should you have heard it? - I am sure I heard nobody; and it was dark when the watchman rang; my wife's mother was in the house, besides the people that have been mentioned; I did not open the door in the night; I found her at her lodgings; nobody was there but herself, from whence I conclude they were her lodgings; on searching her pocket I found a tin box, and to the amount of two pounds six shillings; we found nothing else that belonged to me; there were some duplicates, one for two shillings, the 26th of November; after we had taken her into custody, the officer and me went back to her lodgings, and found a tinder-box which I cannot swear to.

Mr. Knapp. You heard no question during the course of the night? - None, it was a remarkable dark morning, it was dusk when I went out; there was a brass kitchen candlestick standing behind the door, without any candle in it, or grease or ashes.

ANN FANCOURT sworn.

Deposed to the same effect, being Mrs. Marshall's mother.

ROBERT DAWSON sworn.

I attend one of the publick offices. I went with Mr. Marshall, on Thursday, to various places; but yesterday morning I found her alone in a room, in Pennington-street; I searched her and the room, and found these duplicates, and two shillings and sixpence, in a paper; I found nothing then more than that: we took the prisoner into custody, and went back to her lodgings, and found a tinder box and a steel with it: she said, they were her own lodgings and goods, and had lodged three months.

Court. In what part of the room did you find this tinder box? - In the corner of the room, under a piece of green cloth.

(The tinder box and steel deposed to by Mrs. Marshall.)

The seam of it was unsoldered by the maid's setting a hot iron on it, and in consequence of that there is a little solder run down to the bottom.

How long had that been in your house under your observation? - I fancy eight or nine years; I have no doubt of it: I described

it to Dawson: I came here, and was sworn to tell the truth, and I would not say any other if I might have the place full of money: I am positive it is my property; I have seen it so long and so often it is impossible I should be mistaken.

CHRISTIAN MILLER sworn.

I have done chare-work in Mrs. Marshall's house five years, I know this tinder box; it is Mrs. Marshall's; I am quite sure of it; I have seen it very often.

HANNAH SMITH sworn.

I am the person in whose house the prisoner lodged; she took them three months ago: she did not tell me she was going away; she said, she was going to keep her Christmas; but I forget where: she was taken away yesterday: the furniture was her own.

Prisoner. I am innocent.

David Yates , her late master, gave her a good character.

GUILTY of stealing to the value of 1 d. but not of the burglary .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17901208-32

32. ROBERT BREEZE and JOHN HART were indicted, for that they together, with several other persons, on the 4th of November , in the 30th year of his Majesty's reign; being on board a certain vessel, called the Mary, on the sea, about the distance of one mile from Thornham, in Norfolk; within the limits of the port of Lynn Regis , being one of the ports of Great Britain, bearing certain guns loaded, did shoot at a certain boat, within the limits of the said port, against the statute .

A second Count, For that they, on the same day, being on board of a certain other vessel, called the Mary, on the sea, near Thornham, in the same county, with force and arms at Lynn Regis, on the sea aforesaid, within four leagues of the shore, certain guns, to wit, two guns loaded with gunpowder and leaden shot, did shoot on a certain boat.

A third Count, For being on board the same boat, and in the same situation as in the first count, with four guns loaded with gunpowder and leaden shot, did shoot at William Vitty , one of the officers of his Majesty's Customs, attempting to go on board, in the due execution of his duty.

A fourth Count, Describing the same situation as in the second count, for that they with four guns loaded with gunpowder and leaden shot, unlawfully, feloniously, and maliciously did shoot at the said William Vitty , attempting to go on board.

A fifth and sixth Counts, like to the third and fourth, for shooting at William Vitty , in the due execution of his office, omitting that he was attempting to go on board the said vessel, called the Mary.

Counsel for the prosecution.

Mr. Attorney General.

Mr. Wood.

Mr. Fielding.

Mr. Litchfield.

Mr. Garrow.

Counsel for the prisoner Breeze.

Mr. Knowlys.

The indictment was opened by Mr. Garrow: and the case by Mr. Attorney General, as follows -

Mr. Attorney General. May it please your lordship. Gentlemen of the jury; I have thought it necessary to bring these two prisoners before you, namely, Robert Breeze and John Hart , for the commission of an offence, which must deserve a severe reprehension; the offence of using fire arms, and shooting at a boat, in the service of the revenue; and likewise at an officer in the execution of his duty; gentlemen you will

agree with me, and I dare say, you go before me, in the observation, that the use of fire arms differs most materially from any other obstruction of the revenue; because it is not possible a man should be protected otherwise than by using fire arms against fire arms; and by that means introducing bloodshed; and perhaps the necessity of introducing those who best know the use of fire arms; and by that protection which the law provides: gentlemen, if the last species of protection is in due and fitting cases in time given, it will answer the end of all human punishment; namely, that of mercy to numbers, tho' perhaps of severity to individuals: for if some are deterred from that species of obstruction, which may possibly introduce that which I have alluded to, it may operate with a salutary effect to deter other persons: gentlemen, in the present instance, I would generally state to you, that this is not the sort of a case that some times happens; namely, that a quarrel, small in its origin, may, by the heating of men's minds, rise up to a pitch that was not intended; but you will find, that the intention to use fire arms was deliberate; that the arms were provided at Rotterdam, for the purpose of resisting the officers, if they had met any, and here the first thing that took place, was to fire on any officers they might meet, and they shot one man in the shoulder: gentlemen, on the 4th of November, 1789, a revenue officer, of the name of Vitty, was informed a vessel was expected that night on the coast; he went into a boat, to see whether this vessel had any illicit cargo on board, and it happened that it was so: the night was peculiarly favourable, and particularly bright; they were enabled very easily to discover the vessel, upon this they made towards the vessel, and on coming within thirty or forty yards of it, they were asked who they were: gentlemen, they had understood, that the crew on board were to be met by a person of the name of Ringwood, who had property on board that vessel, and they masked themselves under the name of Ringwood, and said it was Ringwood's boat. [Here the witnesses were ordered to be examined separate]. Gentlemen, upon saying they were Ringwood's, they were invited on board, but having got nearer the vessel, they directed the vessel to bring to; upon this, the vessel fired on them, and the consequence was, one man was shot in the shoulder; the persons on board the vessel could easily distinguish that they were a Custom-house boat, and the men were determined not to proceed any further, but rowed back immediately; the vessel therefore with the cargo escaped, and they effected the purpose for which they made the resistance. Gentlemen, the sum and substance of the whole is this, that with deliberate intention, these people provided themselves with the means, and the only effectual means, of preventing the revenue officers from doing their duty; you know the dangerous nature of their emploment, and it is necessary these officers should be protected, and that this case should be made out in a full, and clear, and satisfactory manner to your understandings; if it is, you will be under the disagreeable necessity of pronouncing a verdict against these persons; but if it should so happen, contrary to my expectations, that there is any ambiguity in the relation, or any uncertainty in the case, you will avoid doing that which is a much greater evil than that these men should escape, namely, that of giving a verdict against men, against whom there is no satisfactory evidence: gentlemen, I trust this case will be made out; but it becomes me to shew you what the witnesses are; one of the witnesses is subject to exception, or at least subject to much scrutiny, being one of those that were on board the vessel; cases like these make it necessary to have such assistance, but he must be very narrowly and carefully watched by you, and if this man was the principal witness, or if he was unsupported by other testimony, unquestionably I should have hardly thought of giving you this trouble; nothing but extreme necessity could have induced me so to do at any rate, but in fact, he is but a confirmatory witness, for you will find by the evidence of Vitty, that they could with easediscern who the persons were, that were on board the vessel, and you will hear who they were, from one that was invited to go on board; he declined, and he afterwards, in conversation with his fellows, learned from them all the circumstances of the transaction, therefore you have that testimony which will be corroborated by the testimony of all the persons on board: gentlemen, if this story is confirmed in the manner I expect, it will, I hope, be of use, in order to prevent confusion, contest, and bloodshed, on any future occasion; gentlemen, this is the nature of the case, and I shall call the witnesses to prove it.

WILLIAM VITTY sworn.

Examined by Mr. Wood.

I am surveyor of the customs; I was at Thornham, Norfolk, the 4th of November, last year.

Tell us whether on the 4th of November, you went out, in order to meet a sloop called the Mary? - I did.

Tell us how you proceeded? - On the 4th of November, about six in the evening, I had information that the Mary, belonging to John Clarke , of Hunstanton; one Henry Graver , master; was then on the coast, with a cargo of smuggled goods; I live at a place called Holme, from thence I went to Thornham, to call one of my officers; we went then and hired a boat, and four men; John Harris , Joseph Coston , senior; Joseph Coston , the younger; Simon Winterbourne , Coston; about eight at night, on the 4th of November, 1789; we went out to sea, from the east harbour of Thornham, in an open boat, when we perceived a sloop under sail, a little to the north of the harbour, which the sailors said they knew to be the Mary, belonging to Hunstanton, Henry Graver , master; it was a very clear moon-light night; the moon shone very bright, with that we rowed as fast as we could, after the sloop, in hopes to board her, by the time we got within hail of the vessel, the master called out to know what boat it was; I knew the master very well, his name is Henry Graver ; John Harris , one of my assistants, said it was Ringwood's boat, the master then bid us come on board, with that we rowed as fast as we could towards the sloop, when we came within the distance of thirty or forty yards; I called out to the master, to bring to; I called him by his name; as soon as I had spoke, I saw the flash of a musket or a pistol, or something of that kind, and immediately after a second, and the report of a gun or a musket.

Jury. Could you distinguish whether it was a pistol or a gun? - I could not at the distance I was, which was about thirty yards; the ball came close past my ear; I heard it hiss as it past me.

Court. At the distance of thirty yards, if it had been a pistol, could you have heard the hiss of it? - I do not know whether it was a pistol or a gun; I rather think it must be a gun; I could not tell: a second and a third gun were fired, which hit Jack Harris in the shoulder, and one ball came right thro' his arm, and another stuck in his shoulder; he called out he was sadly wounded, as indeed I was sure he must; a fourth gun was fired, which appeared to have a great many balls in it, for they rattled very much in the boat, with that I returned the fire with a musket; I had two small muskets and two little pistols; we had no more amunition, so we could not reload again; and two of my assistants called out, we shall be all murdered, and would not row any further nearer the vessel, but rowed back again from the vessel; with that we received two more fires, after we returned from the sloop; the sloop bore away; and we rowed towards Thornham harbour again, we soon perceived a boat coming from the west harbour; one John Ringwood was on board, and another man called long Tom, what his name was, I cannot tell.

Did you observe how many men there were, that were on board the sloop? - I could perceive five plainly.

Did you know any of them? - None but Henry Graver ; I had not been long in the country.

Did you know him well by sight? - I knew him perfectly well, and he knew me very well; it was so light we could read the name on the stern very plain.

What distance was the sloop from the shore, when she fired? - About a mile.

Is it within the limits of the port of Lynn? - Yes; within the limits of the port of Lynn.

For what purpose was you going on board this sloop? - To take her as a smuggler.

Mr. Knowlys, prisoner Breeze's Counsel.

The nearest distance that you was, was thirty or forty yards? - Yes.

How long do you think this might take up? - After I called to them to come to, Graver knew me very well, and the shot was fired immediately.

How long do you think this might take up? - Very little time.

You were glad to sheer off, no doubt? - After we got the man wounded, we were glad; I would have staid, but could not.

Where do you live? - I live two miles from Hunstanton, and two miles from Thornham.

This was so late ago as November, 1789? - Yes.

Breeze I believe was not taken up, till May following? - No.

I believe you know Breeze lived at Hunstanton? - Yes.

Had you been there frequently between the 4th of November, and May? - Frequently.

Had you seen Breeze frequently in that time? - I had seen him, but did not know him.

Therefore you knew perfectly well, that Breeze was at Hunstanton? - As far as I knew.

How many times did you see him at Hunstanton? - I cannot say; I did not know him.

Therefore you have seen Breeze at Hunstanton several times? - I have, several times.

And he, as of course every body in that part of the country did, knew that you was a custom-house officer? - Certainly.

Was he taken at Hunstanton? Yes he was, by a warrant.

I believe he was in custody at Norwich, and to be tried there, but the trial was put off, on affidavit of the absence of Harris? - Yes.

Do you know where Harris was? - He was at sea, somewhere.

I rather think he was at Norwich, at that time? - He came to Norwich that very night it was put off.

JOHN HARRIS sworn.

Mr. Fielding. You was an assistant to Mr. Vitty, on the 4th of November, 1789? - Yes.

What time in the night was it, that you went on board the boat with Mr. Vitty? - It was between seven and eight, when we first went on board the boat.

How many people were in the boat? - There were six of them.

Do you know the names of them? - I know four of them.

Repeat the names of those four? - There was Mr. Vitty, John Bunn , Joseph Coston the elder, and Joseph Coston the younger, and me.

Do you remember the name of the other man? - There was another Coston; there were three Costons.

When you was in the boat, how far did you go from the shore, before you came up with the sloop? - It might be the course of a couple of miles.

Then you came near to a vessel? - Yes.

Do you know what the name of the vessel was? - The Mary.

Did you see her name on the stern? - Yes.

When you got towards her, was any thing said to you from the vessel? - They hailed the boat; they asked what boat it was.

Did you hear them distinctly? - Yes.

What distance was you from them? - It might be about forty yards.

What answer did you make to them? - I

made the answer in John Ringwood 's name.

You made the answer, and said it was John Ringwood 's boat? - Yes.

What immediately followed upon that? - They bid us come along-side.

Jury. Can you speak with precision, Harris, that you suppose you was above two miles from shore? - I cannot tell.

Recollect yourself, and speak with deliberation? - Above a mile, it was one or two miles, but I cannot tell to a little, I am sure.

Mr. Fielding. Are you any judge of the distance you stood from the shore, or do you speak with any correct knowledge of the place? - We were between one and two miles from the shore.

Not more than two, you think? - No; I think we were not.

Court. They bid you come on board? - Yes.

Mr. Fielding. Do you think you know the voice of the person, that bid you come on board? - Yes; I think I do; I think it was the master of the vessel.

Who was he? - Henry Graver .

You think it was his voice? - Yes.

Did you know Graver before? - Yes.

Where did he live? - He lived in Thornham, where I live.

When they told you to come on board, what did they say to you? - They told us they expected a custom-house boat.

Court. What did you say? - At first they asked what boat it was; and I answered them, John Ringwood 's; so they told us to come along-side, for they expected a custom-house boat.

They said so? - Yes; they were afraid of it.

Was any thing more said between you, before you rowed to the vessel? - No; we pulled towards the vessel immediately.

How much nearer to the vessel did you get, from this time, before any thing happened? - Before any thing happened, we might get the space of ten or a dozen yards.

Court. Then did you say any thing to them? - Then Mr. Vitty spoke, and told them to heave to, or else he should fire into them.

Did he say who he was, or what he was? - Sir; they distinguished him, and knew who he was, they said that was Mr. Vitty sitting on the stern; I cannot tell who said it, but it was spoke.

What followed upon this? - A gun flashed, but missed fire, then they fired a pistol, and then after that they fired another; they fired off two, and then they fired a third gun, a musket, at me, that wounded me; I do not think they fired any more.

Whereabouts was you wounded? - In the left shoulder.

Did the ball lodge, or go through? - It is in my shoulder now.

Did you feel the wound immediately? - Yes; I felt it very much.

How near do you think you was, at the time you was shot? - About thirty yards off the vessel.

It was a moon-light night? - Yes; very bright indeed.

You had seen the name on the sloop before you was wounded? - Yes; Mr. Vitty saw it, and we all saw it.

Then you got nearer to the vessel when you was wounded? - Yes; we pulled two or three strokes after.

Were you near enough to the vessel, to distinguish the people on board? - Yes; we were.

You have told my lord before, that you knew Graver by his voice? - Yes.

Did you know him by looking at him? - He was standing by the stern of the vessel.

Then you knew that was Mr. Graver? - Yes.

Now look at the prisoners at the bar, do you know them? - Yes.

Do you know them both? - Yes; one is Breeze, and the other is Jack Hart .

Did you see either of them on board the vessel at that time? - Yes; I think I saw Hart standing along-side of Graver.

Did you see Breeze on board the vessel? - Yes.

Whereabouts was his situation? - He was just by the quarter deck.

Did you distinguish what he was doing, or had done? - I distinguished him so much, that I saw Breeze go off the quarter deck with a musket.

Did you see what he did after he got off the quarter deck, and had this musket in his hand? - He fired it off, he laid the musket on a rail, and fired it off.

When you saw him lay the musket on the rail, and saw the flash, what became of that ball, did you know? - I felt the smart as soon as the report of the gun was.

Was that the gun from which you received the wound? - Yes; the third gun.

That was the gun, then, that wounded you? - Yes.

Hart, you say, stood next to Graver? - Yes.

Do you know what he did? - He flashed the first pistol.

Court. Hart stood next to Graver? - Yes; close to the cabin house.

Mr. Fielding. Did you observe yourself to see any thing more? - No.

Did you hear thing more pass on board the vessel, from Graver to the men or the men to him? - No; immediately upon this, the boat was pulled round, and we went on shore.

Was you wounded in more than one place? - No; another ball went thro' my jacket, but never touched my flesh no where, that I could perceive.

Was that ball from the same piece, at the same time? - Yes; they were both from one piece, they fired them very slowly.

Now my man, I will only ask you, you say it was a very moon-light night? - Yes.

I will ask you whether you can say that your recollection serves you to say positively, that you could see the persons that were on board the ship? - Yes.

Mr. Knowlys. It was so light, that you saw the name of the Mary, on the vessel? - Your Honor, I cannot read, but I know the vessel very well.

Did not you tell us just now, that you read the name on the vessel? - I could see the letters, but I could not put them together.

You say that you saw the letters, but could not put them together? - Yes.

Then by seeing the letters, did you know that it was the Mary? - Yes; I know the vessel.

Did you know the vessel by seeing the letters? - Yes Sir; there was the same letters as was on the vessel, they were painted with white; I know it was the Mary by seeing the same letters.

Did you know the vessel by seeing the letters? - No; your Honor, not only by seeing the letters, but by seeing the vessel.

You say, when you first came up to the vessel, they called to you, and asked what boat it was? - Yes.

Now when you came to, you say Mr. Vitty told them they must heave to, or they would fire into them? - Yes.

That, you are sure Mr. Vitty said? - Yes.

Then you are sure, that before any thing else passed, Vitty said to them, heave to, or I will fire into you? - Yes; before they fired upon us.

And you are sure, that Vitty made use of that expression; that was the first beginning of it? - Yes.

We have not learned that from him; now you say, that you are sure, that the people distinguished Vitty, for they said that is Vitty, that is standing on the stern of the boat? - Yes.

That you are sure of? - Yes.

I take it that was said loud enough for every body in the boat to hear? - Yes.

They pointed and said that is Vitty, that is standing on the stern of the boat; every body on board your boat might hear it? - I cannot tell whether every body on board heard it, but I heard it; I was standing right forward.

Was it spoke loud enough for every body to hear it? - Yes; it was spoken loud.

Now you are sure it was the third gun that hit you? - Yes.

The third gun was the last gun that was fired? - There was another after they turned the boat round that did not hurt us.

You told us there were six people in the custom-house boat? - Yes.

Then there were only five people on board the Mary? - Yes, there were six of them.

That you are sure of? - Yes.

Every body might see there were six? - Yes.

You are sure it was the third gun that hit you? - Yes.

These people were all on deck, were they? this was a deck vessel? - Yes.

All the six people were on deck? - They were on deck some time, some of them went below.

Were they all on deck at one time, so that you could very plainly perceive there were six? - Yes, there were.

That you could plainly see from your boat? - Yes, it was very bright, indeed.

Where do you live? - At Thornham.

How far is that from Hunstanton? - Four miles.

Do you know Hunstanton well? - Yes, I have been there frequently.

Was you there after this matter happened? - I was not there at all to the best of my knowledge.

Was not this man, Breeze, in Norwich gaol last summer? - Yes, he was.

He expected to be tried? - Yes.

I believe you went into Norwich gaol, did not you? - I went in to speak to one Dennis.

Now I ask you this upon your oath, did not you declare in Norwich gaol, that a man there of the name of Hook was the man that struck you? and I will call two persons witnesses; did not you declare in Norwich gaol, that a man of the name of Hook was the man that shot you? - No, my Lord, I was very fuddled when I was there; I do not know that I ever saw such a man; I just saw Breeze in the yard one morning.

What did you go into Norwich gaol for? - To speak to the two Dennis's that were there.

Were they acquaintances of yours? - Yes, very old people.

Were they prisoners? - Yes.

What for? - They were bound for their son.

And they were there for debt? - Yes.

When you went there, they were on the debtor's side; how came you to see Breeze? - I was walking about there a good while.

Have you a clear recollection that you was walking about there a good while? - I was walking out of one room into another, but I was very fuddled.

What did you go the Dennis's about? - I just went to speak to them as neighbours do, to let them know their wives were well.

Did not you there declare that one Hook was the man that shot you? - No, your honour, I never said such a word; I said that how I would freely forgive this man; I did not want to hurt him, I am sure.

Did not you declare there that one Hook was the man that shot you? - No, Breeze, I said was the man.

And you said, in the gaol that Breeze was the man that fired the gun at you, and shot you? - Yes; I am not sure that I said so at the time; I was very fuddled, but the people tell me so since.

Did you, in the gaol at Norwich, last summer declare, that Breeze was the man that shot you? - No, I did not.

Did not you declare, and point to the man, that Hook was the man that shot you on that occasion, on the 4th of November? - If I did I was greatly mistaken.

I ask you, if you did or did not? - I am not advised of it; and I do not think I did.

Will you swear you did or did not? - I cannot say, I was fuddled; I should be very loth to take a false oath; I am sure I would not not do it for the world.

Will you swear that you did not there declare that Hook was the man that shot you? - I will not; if I did, it was not to my knowledge.

Was not the trial at Norwich put off on account of your absence? - So I have understood, I do not know.

And was you at Norwich during the assizes? - No, I came from Swansea.

Upon your oath did not you go into the gaol at Norwich, to see the person who was confined on this charge, and had been concerned in this transaction? - No, that I did not.

That you swear you did not? - I knew the man before for several years.

Did not you go to see the person that was confined on this charge, to tell whether you could know him or not? - To the best of my knowledge I never asked for the man.

Do you recollect perfectly the errand for which you went to the gaol? - I know that the coachman told me, who carried me up, that I went to enquire after the Dennis's; I was so fuddled that I did not know how to walk in the gaol.

Why you walked about the rooms, you have just now told me? - I went into the room where Miles sleeps, he is the man that drew the beer.

Are you sure that you was with Miles on that occasion on that day? - Yes, I might, but I do not know that I did that day, when I went into the prison at first.

Were you in the prison more than once? - Yes, I was there twice; I went once to receive a letter to carry to Dennis's wife.

Court. What was the purpose that originally carried you to Norwich gaol, or to see whom? - To see the Dennis's.

That was the reason that carried you there? - Yes, the whole reason.

Mr. Knowlys. They desired you to call for a letter to carry to their wives? - They sent a man to me the next morning to tell me to call.

Did you know a man of the name of Hook? - No, I did not.

You have never seen a man of the name of Hook? - Yes, I saw a man at Wells of the name of Tom Hook , a carpenter.

Do you know no man of the name of Hook now? - No, not the best of my knowledge.

Not in Norwich gaol? - No, I did not.

Did you know a Hook at Hunstanton? - I may know the man by sight, but I did not know the name.

Who else did you see in the prison the day you went to see the Dennis's; did you see Mr. Simpson? - Who is that?

Why the turnkey? - Yes, I must see him; somebody let me in.

Why, do not you know Mr. Simpson the turnkey? - Yes, I knew one of them; he is here.

Did you know that man before? - I once saw him before, but I did not know him that day.

Will you swear you had no conversation with Mr. Simpson that day that you called on the Dennis's? - Not to the best of my knowledge, I had not.

Did you see a man of the name of Lawes there? - No, I do not know that I did, I might, I cannot say, I am sure.

Mr. Fielding. You went to prison for the purpose of seeing the two Dennis's? - Yes, I did.

You was very fuddled when you went to prison? - Yes, I was very fuddled when the man first took me; I was fuddled when I went into Norwich.

And was you more fuddled when you went into the prison? - Yes, I drank in Norwich.

Did you get any more liquor when you went into the prison? - Yes, I did.

You do not remember having accused a person of the name of Hook being the man that shot you? - No, I do not.

When you was on board this boat, you was in the bow of the boat? - Yes.

Then you was the nearest man to the vessel? - I was.

You had known the sloop before, and seen her after? - Yes, I had been on board of her.

And although you could not read, yet the mark in her stern was the mark by which you knew her? - Yes.

Now I will ask you again, after all you have heard, after all the questions that have been asked you, are you sure that Breeze was the man that fired the musquet, by which you think you was wounded? - Yes, I saw it in his hand, and he laid it across the rail.

JAMES MARCH sworn.

(Examined by Mr. Litchfield.)

What are you? - A labouring man.

Do you know the prisoners at the bar? - Yes, I know one of them perfectly well, but I am not perfect to the other.

Which of them do you know? - I know Robert Breeze .

Do you remember being in company with Robert Breeze any time in November 1789? - I cannot say rightly that it was 1789.

Was it the last November but one? - Yes, it was.

Where was it? - At Hunstanton.

Do you recollect what the day was? - I cannot say exactly what day it was, but I think it was on Gunpowder Treason.

Was it the day after this transaction happened between the sloop Mary and the Custom-house boat? - Yes, it was the day after it was reported.

Had you any conversation with him about that transaction? - Yes, we talked about many sorts of things.

Recollect, as well as you can, whether he said any thing, and what he said relative to the sloop Mary? - Yes, he told me he came on shore at a place called Hulcombe Bar; he did not tell me from what vessel.

Court. Did he tell you when he came on shore? - No, he did not; he only said he came on shore from Hulcombe Bar, without saying when or from what place.

Mr. Litchfield. He did not tell you in what vessel he came ashore? - No, Sir, nor when.

Had you any conversation with him, respecting the Custom-house officers? - Yes.

Relate, as accurately as you can, what that conversation was? - He told me that he shot at a boat, that he supposed was a Custom-house boat.

Court. Did he say when? - No.

Had you any conversation about a thing that had happened lately, or a thing that had happened ten years ago; what did your conversation turn upon? - Why, my Lord, it was about a vessel that had lately fired on the Custom-house officers.

Mr. Litchfield. How lately? - I cannot say; he did not exactly say what time it was.

Did he say who was in the boat? - No, he did not, to my knowledge; but he said he supposed it to be the Custom-house boat.

Did he say what vessel he himself was in? - No, he did not mention the vessel.

Did he say in whose company he was? - No, he did not, to my knowledge.

Recollect yourself, Mr. March, remember you must tell us the whole truth? - Yes, I will tell you the truth as far as I know.

Well do then; did he mention any other person's name that was in company with him at the time he fired on this boat? - He told me he was along with one Graver, that one Graver was master of her.

Master of her; what did you understand by her? - Master of the vessel which he was on board.

What led to this conversation between you and Breeze? - Led! Sir.

What occasioned it; what brought it on? - By reason I had some goods in this vessel, and I went to his house to hear.

In what vessel had you some goods? - It was a vessel that Graver was master of.

What is her name? - They call her the Mary.

And you had some goods on board the Mary, and you went to Breeze's house to hear of them? - Yes.

Then you had not much doubt about what vessel he was talking of? - I paid very little regard to it, but I knew what vessel he was mentioning.

Now the next day, recollect yourself, and tell me whether you did not go on board this vessel? - Yes, I did; it was the Saturday after Gun-powder Treason, that I went on board of her.

That was the next day? - I cannot say as to the next day.

Who did you see when you went on board of her? - I saw Henry Graver , and one Smith, and one Scott, and one Miles.

Were they part of the crew, or did they belong to the vessel? - They belonged to the vessel.

Was there any body else? - Yes, there was one Jack.

Is that Jack, that is standing there? - I do not know, Sir, I cannot tell,

Look at him? - I cannot be sure; I saw him but once, and then it was dark; that is, it was moon-light, and I cannot tell.

Look at him again, and tell me whether you saw that man on board, whatever his name may be? - I cannot say.

How long did you stay on board at that time? - I staid the biggest part of the night, all the night after I went on board.

And you saw all the crew that were on board? - Yes, I did.

Do you remember having any conversation with any part of the crew at that time? - Yes, I know that Graver and some of them were talking about whether I had heard any thing on shore.

Mr. Knowlys. Was that in the presence of either of those two prisoners? - I did not see Breeze there.

Nor Hart? - Yes; Hart I do not know, they call him Jack.

Jury. Did you know Jack at that time? - I did not.

Mr. Knowlys. I submit that is not evidence against this man.

Court. You have evidence that Graver was the captain, but what he said cannot be used as evidence against these men.

Mr. Fielding. We wish to inform you of the whole transaction, namely, of the knowledge that this man had of it.

Court. It either signifies something or nothing; if it applies at all to either of these prisoners, what another man said, as tending to prove the fact upon the prisoners, I apprehend cannot be evidence.

Mr. Litchfield. If we shew that Jack was was on board, then it will be evidence.

Mr. Justice Buller. How far you may make it evidence by intervening evidence is not before the Court now; but the point is settled, that what a man says about a person who was not present, is not to be received as evidence against that prisoner.

Mr. Litchfield. You did not know Jack before? - No.

Mr. Knowlys. Now we are in December? - Yes.

It is a long while ago that you are talking of? - Yes, it is.

When were you applied to, to recollect any conversation of this sort? - What, of these people.

Yes? - I cannot say when it was.

I take it that is a particular thing; have you often been witness in a court of justice? - No, Sir, never before this time.

Cannot you recollect what time you was applied to, to be a witness? - I cannot indeed; I think I was applied to in June following.

In June? - Yes, I believe it was in June.

That you are sure of? - Yes, I am sure it was in June.

Mr. Litchfield. Where did you expect your goods from? - From Rotterdam.

Was you ever applied to, to go on board this vessel the Mary, by Graver? - Yes, I was asked to go over with her.

What were your reasons for refusing to go on board?

Mr. Knowlys. I submit that is not evidence.

March. I refused, because they put it to me, that they meant to have some guns, and I did not like it, and I would not go.

Mr. Knowlys. Breeze lived in Hunstanton; did not he? - Yes.

He was there publicly seen by every body? - I cannot tell that.

Do you live at Hunstanton yourself? - No, Sir, I live ten miles off.

Had you seen Breeze before he was taken up? - Yes, Sir, frequently, I saw him in his own house, when I saw him.

He has a wife and four children? - I cannot say how many children he has.

You know that the shooting with firearms was a capital offence? - I thought it was a thing that I should not have done.

You know very well that it is an offence for which a man is liable to be hanged? - Yes, it is so reported.

Was you ever in conversation with a man who told you he had committed a murder? - No.

Never? - No.

Was you ever in company with a man who told you he had committed a highway robbery? - No.

This man was telling you, glibly enough, that he had been guilty of a capital offence? - Yes, he said he had shot from the vessel.

That made no impression on your memory? - Yes, I thought about it.

But not so far as to take any notice of dates, or places, or any thing of that sort? - No.

Pray what may you be? - I am a labourer, I go to sea now.

In what way do you go to sea? - In a smack of my own, a little sloop.

Was you in any visible way of employment last year? - Yes, I was a day labourer, and the things helped me that I sent for over.

Did you get your bread as a day labourer? - Yes, and it was labour for these things helped me.

So you dealt a little in smuggling? - Yes.

Upon your oath now, did you work as a day labourer? - Yes.

How often in a week? - I cannot say that, some weeks I laboured the whole week.

You, I suppose, took your leisure about day labouring? - Yes, Sir, I worked when I was forced to it.

(March ordered out of Court.)

THOMAS SCOTT sworn.

Mr. Attorney General. What are you? - A labouring man.

Do you go to sea? - I was at sea twice.

Where were you on the 4th of November, 1789? - I do not know the day of the month.

Was you at sea or on shore the beginning of November, 1789? - Please you, I am no scholar, I did not keep an account of the time; I was at sea after last Michaelmas was a twelvemonth.

Where did you go to? - To Holland.

What part of Holland? - Rotterdam.

On board of what ship? - The Mary.

What time did the Mary return? - After last Michaelmas, about a month or five weeks; I cannot speak to the day, because I am no scholar.

Who was the master of the Mary? - Henry Graver .

Who were your ship-mates, who were the others on board? - Bill Miles , John Hart .

Court. What, that man there? - Yes; Robert Breeze , Thomas Scott , and Henry Smith ; there were no more on board but myself.

Then there was no more men on board of the name of John, but John Hart ? - No, Sir.

What did you usually call him? - Jack Hart .

Were you on the coast of Norfolk? - Yes, near Thornham.

What time of the evening was it? - It was the fore part of the evening, but I cannot swear to the hour, because I had no watch.

Did any boat come to you on that evening? - Yes.

What boat was it? - It was a boat with some officers in it.

What do you mean by officers? - Custom-house officers; they did not come on board though.

How near did that come to you? - Between twenty and thirty yards, as near as I can guess.

Between twenty and thirty yards you think? - Yes.

Did you see who was in the boat? - Yes; I saw there were some men in the boat, but I could not tell who they were.

What passed when this boat came up? - When we first saw the boat, we hailed them, and asked what boat it was.

What answer was made to you when you hailed them? - The answer was, it was John Ringwood 's boat.

Was any thing said in return, when they said it was John Ringwood 's boat? - When we came nearer, somebody in the boat said, heave to; and with that Henry Graver said

there is Vitty, fire; and John Hart fired a pistol, and Robert Breeze fired the musquet, and John Hart fired the pistol again; after he had fired again, he was going to fire a third time, and I got hold of his arm, and said, pray John, do not fire any more; then we bore the vessel away to the Lincolnshire coast.

Do you know where these fire arms were got, or the ammunition was got? - They were both got at Rotterdam, both the arms and ammunition.

What arms were there on board? - Only a pistol and musket.

What sort of weather was it? - It was clear weather, a very fine evening.

How was the moon? - The moon I cannot speak to, it was light, but whether it was the moon or not, I say it was not very dark, a fine evening; but I forget whether it was moon-light or not.

Where did you land your cargo? - We landed part on Snatcham Beach, in Norfolk.

What did it consist of? - Gin, small keggs of gin.

Where were the rest landed? - About a score were landed at Hunstanton.

Do you know a person of the name of March? - Yes.

Do you recollect seeing him on board the Mary at this time? - Yes, he came on board at Hunstanton.

Who was on board at the time he came on board? - I was on board, Jack Hart was on board, Henry Graver , Will. Miles, Henry Smith ; Breeze was not on board then.

Do you remember any talk about this matter, that Jack Hart was present and heard, when March was on board? - They talked about it to March in Jack Hart 's presence, so that he might hear it.

What was the talk? - I cannot tell you all the talk they had together about the officers coming, and such.

Such as you can remember you will tell? - They told James March about the officers coming on board, and that they fired at them and kept them off.

Jury. Pray Sir, tell us whether or no those two pistols that were fired by Hart, were small pistols or large ones? - They were pistols about an arm's length.

Was that near enough to do execution? - I do not know what a pistol will do, they were good large stout pistols; I do not know the consequence of a pistol.

Did Hart fire the same pistol twice? - Yes.

Do you say that there were no more than three fires? - No more than three.

Mr. Knowlys. So the evening was not very dark? - It was a fine evening, but whether the moon shone, I cannot say.

Could you see your hand? - Yes.

You heard them say they must heave to, or else they would fire into you? - I heard them say heave too, I did not hear the other.

Where did you come from to give your evidence; where did you come from last into this Court? - From Norwich.

No, but you came from Newgate, did not you, here? - Yes.

From what part of Norwich did you come from to Newgate? - I know nothing about Norwich.

Did not you come from the gaol of Norwich? - Yes.

They were going to hang you for this; was not they? - I was taken up.

You expected to be hanged? - I did not do any thing to be hanged for; though it was done, it was against my will.

Upon your oath, have not you said, that you should be hanged, unless you could give evidence against any body? - I never said such a word in my life.

You are perfectly sure of that? - Yes.

You cannot be mistaken in that? - I am not mistaken.

And you know very well you would have been prosecuted for a capital offence if you did not give evidence? - I know it was contrary to my will, and I sent to the gentlemen directly.

Now, that is every thing but an answer; I ask you if you did not expect to be prosecuted unless you gave evidence; do you understand me? - No, Sir.

Then I will explain myself, and speak a little louder; did not you expect to be hanged, unless you gave evidence? - I do not know the consequence of such a thing.

Do you mean to say, man, that you, being concerned in smuggling, did not know that it was a capital offence to fire on custom-house officers? - Certainly it is a bad fact.

Do not you know it is a fact that affects people's lives when they are convicted? Look at the Gentlemen of the Jury, and speak out; why do you hesitate, man? I will give you as much time as you like; I will repeat the question. - I hope the law will be more merciful.

I dare say you, being an old smuggler, do wish it may be so; upon your oath, do you, or do you not, know that it is a capital offence to shoot at a custom-house officer? - Yes, I do; but I did not understand you, indeed.

Do you mean now to tell the Jury that you did not understand that question; was not you taken up for this offence? - I was taken up, and put into Norwich gaol.

Did not you expect to be prosecuted for that offence? - Yes; I know it is at your mercy.

You know you are not to be prosecuted; as you have given evidence, it would be very wrong you should; you know you are King's evidence, and you are not to be prosecuted? - I do not know that I am not, I am sure.

Court. You do not expect now to be prosecuted? - I hope in God I shall not.

And you give your evidence now under that hope, do you not? - Yes, I do.

Mr. Attorney General. My Lord, I have done.

Prisoner Hart. I have nothing to say.

Prisoner Breeze. I was not there at the time the accident happened, nor do I know any thing about it.

JOHN SIMPSON sworn.

Mr. Knowlys. You are the turnkey of Norwich gaol? - I am.

Do you know Harris? - From his coming into the gaol to speak to Breeze; this is the man.

Was he ever in Norwich gaol at the time that Breeze was in custody there? - He was: an affidavit being made in Court, when Breeze should have been tried, that an evidence was at sea, the trial was put off; that evidence was Harris: the prisoner was then told by the counsel, that he might be bailed out at the next assizes; on my going to the learned Judge, to inform him that bail was ready, his Lordship informed me there was a mistake, he must remain in prison; on my return back, I found Harris in the prison, and he being a stranger, I asked him who he was, and what he wanted; he said, he came to speak to Breeze; says I, have you ever seen him? he said, yes, here he sits; and that was another man, and not Breeze; the man's name was Hook, he was along with the debtors, he was a stranger to me.

Was Breeze present at that time? - He was not present; for we never suffer any body to speak to a felon but in the presence of the turnkey, in our prison.

In your judgement was the man so drunk at that time that he did not know what he was about? - I do not know, Sir, but he might have been drinking; but I asked him why he was not there the day before, and he said it was late before he came into the town.

That was a sensible answer to that question? - Yes; another witness, who you will call, will prove that he got a lodging for Harris.

Did he appear to be in a drunken, insensible state, not to know what he did? - No, Sir; he did not appear so to me, indeed; he appeared to be come from a journey, but he did not appear to be so drunk and insensible; I asked him personally, myself, says I, how long have you known Breeze? his answer to me was, three or four years; I then told him that was not Breeze; he told me he knew Breeze better than I did.

You are in a place of considerable trust, how long have you been in that place? - Ten years; I believe I am pretty well known

to some of the Gentlemen at the Bar, and to the learned Judge.

I believe Scott was in your custody? - He was.

Did you ever hear him say any thing respecting his giving evidence? - Yes; we had an order to keep Scott separate; the gaol being in a state of repair, we were obliged to lock him up in a room by himself; Scott asked me to let him out into the yard an hour or two in a day for the benefit of his health; I told him I dare not do it without the order of a magistrate; because, if any thing should be done to him, any personal hurt, we should be deprived of an evidence for the crown: he said he hoped the poor men would not come to any hurt, for if he did not swear against somebody, he should be hanged himself; and that he should not have said any thing, if his wife had not persuaded him, that he might come home to his family: I said I thought it very strange that Breeze did not flee for it as well as he had done; for Scott had fled the country, and he and Hart were taken up on suspicion of a robbery; that was the way they came to be taken up: his answer to that was, he did not know any thing he did; he hoped the poor man would not come to any hurt, for the sake of his babes.

Are you quite sure he made use of that expression, that if he did not swear against somebody, he should be hanged himself? - I hope I know better than to come into a court of justice to say any thing that is not true.

That is to the best of your recollection? - Them were the words he made use of.

Did Harris say any thing about Hook before you mentioned the mistake to him? - No, he did not.

Did you know Breeze? - I never knew him till he was brought into custody.

You do not know, in point of fact, whether he did stay at home or not? - I do not.

Mr. Attorney-General. I know you perfectly well; but I will ask you a few questions: the truth is, that you apprized Harris of his mistake? - I did, Sir: Hook was not a debtor, but he came in to see the debtors; but I have since heard that Hook was a brother-in-law of Breeze's; Hook is a man perfectly well known, he belongs to Thornham.

Still he persisted in it, that that man was Breeze? - He did; and he acknowledged since the trial came on to two or three people who can prove it; he acknowledged he charged a wrong man: I said to him, how long have you known Breeze, John Harris ? says he, two or three years: I should be very sorry to tell an untruth.

Harris. Your honour, I said I might do it, but I was so fuddled I did not know; I did not deny it to this gentleman.

Did he say he was drunk at the time? - No, Sir, he did not: he said so to me.

Did this Harris, in conversation with you just now, say he had been drinking? - Yes, he said that, and that he charged a wrong man: I knew none of the parties but Mr. Vitty; I have known him for years; and a more respectable character, I take upon me to say, is not to be found in Norwich, or any where else.

You do not know where March had been before he came into the prison? - No.

Had he any liquor in the prison? - We do not sell any; our rules and orders are for debtors and their friends to be allowed one quart of beer a day for themselves and guests.

He was not then so disguised in liquor as not to give a reasonable answer? - I perceived the man was tired.

With respect to the expression that Scott used, if he did not swear against somebody, he should be hanged himself, did that give you the impression that he would accuse any body wrongfully, or that he should save himself by turning King's evidence? - Indeed I supposed, by what he meant by it then, that he meant he should save himself by turning King's evidence; it impressed me in that way; for I am always most willing to take the most favourable side.

Did it appear to you, that, although he knew nothing of the matter, he would swear what was untrue? - No, I cannot say.

What impression did the other expression give you, that he should have said nothing about it, if his wife had not persuaded him; did you collect that he knew nothing of it, or that his wife had persuaded him to become King's evidence? - It struck me in the light that he would turn King's evidence, to get home to his family.

Mr. Knowlys. What passes in a person's breast you cannot tell? - No, Sir.

But he did say, that if he did not give evidence against somebody, he must be hanged himself? - He did.

Did you at all suspect, from Harris's appearance at that time that he made this declaration, that he was at all in liquor? - I do not think it; he came twice to see them, and there was a note that he sent, that he did not know them, and would not know them when he came before the judge.

Jury. How long did Harris persist in that error? - He went away in that manner: I sent for Breeze out, and brought him up among the debtors.

How came he to discover his error? - That was on the Friday; he came again, and signed a note; he did not see Breeze on the Friday again; I met him again on the Saturday, the 31st of July, in the market; I said, John, you must be very cautious of what you swear at the trial, for I shall certainly be obliged to swear; oh, says he, I do not care, I know him very well.

Do you think there is much personal resemblance between these two men? - Not the least.

Did he seem sober the next day? - Quite so; and so he was on the Saturday.

THOMAS LAWES sworn.

I am a worsted weaver; I was in the prison when Harris was there.

Did you hear Harris say any thing about Breeze, who Breeze was? - Yes; I was in a room where a man of the name of Miles slept, and there was a man of the name of Thomas Hook; this man he had taken for Breeze, as I understood, and called him Joe Breeze .

Now did any thing of that sort pass while you was there? - Yes, Sir, in my presence, not only once, but many different times, he called him Joe Breeze .

How long was you there? - It might be four or five hours.

He still called him Joe Breeze ? - Yes.

Then in your judgement did he appear to be far gone in liquor? - He was when I first went into the prison, but he slept in Miles's bed I suppose two hours, and when he awaked he still persevered in calling him so; I then asked him, how long he had known Breeze; he said he had known him three years or more; I asked him if he was often in his company; he said many times in the course of that time.

Jury. Are you a housekeeper? - Yes.

Mr. Knowlys. Did he say any thing about this Hook? - He said, pointing to Hook, I am wounded, and you are the very man that wounded me.

Court. Did Harris, after he had slept there two hours, see that man again whom he called Breeze? - Yes; Hook did not quit the room.

Was it after or before he slept that he said to Hook, you are the man that wounded me? - Both before and after, not only once, but several times.

Are Breeze and Hook at all alike? - Not in the least, nor in size.

Cross examined by Mr. Wood.

What was Hook's Christian name? - Thomas: I asked him; he said his name was Thomas.

You say he was in liquor in prison? - I saw him in liquor when he was in prison; he was asleep for two hours, and with his eyes open, which was very remarkable; he was there till six at night.

Jury. Did you ever see Harris sober? - Yes, Sir; I saw him sober the next day in the prison.

Did he still persist in his error? - Equally so.

Court. Was Hook present the next day? - Yes, he was.

Mr. Wood. Did not you tell him, that

Breeze's name was Robert, and not Joseph? - I did not tell him that, I did not contradict him in any thing.

Hook is Breeze's brother-in-law, is not he? - So I understand.

Jury. Are you related to either of the parties? - No, Sir; quite a stranger; I never saw either of them till they came to Norwich.

The learned Judge summed up the evidence; after which the Jury retired for half an hour, and returned with a verdict,

BOTH GUILTY , Death .

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

Foreman of the Jury. My lord, it is the earnest wish of my brethren, and myself, that you will recommend the prisoners to mercy.

Court. I am desired to ask you, gentlemen, the reason you found your application on.

Jury. The reason we make this application is, the bad characters of some of the witnesses, and the notorious one of him who led the prisoners into this crime, and who has escaped justice.

Reference Number: t17901208-33

33. GEORGE ABBERLEY was indicted for stealing, on the 8th of December last, one pint pot, value 1 s. the property of Thomas Downes ; and one pint pewter pot, value 1 s. the property of Thomas Eve .

THOMAS EVE sworn.

I keep the Ship public-house, in Artillery-lane, Bishopsgate : the prisoner came between eight and nine last Wednesday evening, and called for a pint of porter; he sat some time; he told my wife that he had paid for the porter, and he ordered a glass of rum and water, and my wife gave him change for sixpence; I was coming by him, and I heard the halfpence rattle against the pot; that gave me a suspicion that he had the pots; there was a constable in the house, and I acquainted him of it, and we searched him directly and found the two pots in his pocket; he had that pot of nine to drink out of; my pots are numbered, and I am sure that is my pot: he said that he was distressed.

ROBERT LE MAR sworn.

I am a constable; I searched this man, and found two pint pots; (produces them).

(Mr. Eve deposed to his pot.)

THOMAS DOWNES sworn.

This is my pot.

PRISONER's DEFENCE.

I came from sea last Friday sevennight; I was rather in liquor, and I did not recollect any thing of the transaction; I told Mr. Le Mar that I was going to get a ship, and he said they would get a ship for me, and hoped they should hang me; there was a man that said he knew me, and desired him not to drag me along; he said he knew me in business for myself, and that I bore a good character: I have been a master cooper.

GUILTY .

Imprisoned one month .

Tried by the London Jury before Mr. COMMON SERJEANT.

Reference Number: t17901208-34

34. ROBERT JONES was indicted for stealing, on the 10th day of December , 68 copper halfpence, value 2 s. 10 d. one sixpence, two chip boxes, value 6 d. six two-foot rules, 2 lb. of wire, 12 penknives, 5 padlocks, 106 black-lend pencils, and divers other goods , the property of Messrs. Denham and Tappenden .

THOMAS DENHAM sworn.

I live in Foster-lane; I am an ironmonger ; the prisoner was in our service, as a porter , near three months: we had some suspicion of the prisoner's dishonesty: on last Wednesday we told the money over,

and we missed 2 s. 2 d.; on Thursday the money was marked; Mr. Francis Tappenden marked it; and on the Friday morning, after the prisoner had opened the shop, I called the prisoner into the compting-house, and asked what halfpence he had; he said, none; my partner hit his hand against his pocket, and some halfpence chinked; we sent for a constable, and his pockets were turned out, and there was 2 s. 10 d. that had the mark on them, and a sixpence not marked: the prisoner was sent to the compter.

Mr. Knapp, Prisoner's Counsel. What was the prisoner? - An out-porter.

When the halfpence were marked, did you lock the drawer? - No.

How long after you put them in was it till you missed them? - They were put in on the evening, and we searched him the next morning; there was 2 s. 10 d. found on him, and 1 s. 2 d. in the till, which made up the 4 s. we marked.

FRANCIS TAPPENDEN sworn.

I marked the halfpence, 4 s. worth, with an iron punch, on Thursday night last, between nine and ten; the next morning there was 2 s. 10 d. missing; they were found in the prisoner's pocket; I was present; we asked him if he had any money about him; he said he had nothing but a sixpence of his own; we desired him to turn his pocket out, and he did; and I hit my hand against his pocket; I said, you have a great weight there, let us see what it is; the halfpence were produced, and some few others; we sent for a constable, and the prisoner was sent to the compter; I and the constable, and one of our servants, went to the prisoner's lodgings, No. 3, Bridgewater-gardens; he told us he lodged there; we had the key of his box; the prisoner gave it us; we unlocked his box; the people of the house told us it was his; we found a variety of articles, with our marks on them (the goods produced); we had not missed them; it is impossible we could miss them.

CHARLES SMITH sworn.

I am the constable; I went to the prisoner's lodgings; the prisoner gave me the key; he said there was nothing of the prosecutor's property; we found a box there, which this key opened, and these things were found in that box.

(The halfpence produced.)

Mr. Tappenden. These are the halfpence that I marked.

Mr. Knapp to Mr. Tappenden. The prisoner did not tell you which box to go to? - No.

Was it a common key? - A common box-lock key.

You did not try the other boxes? - No.

Prisoner. I leave it to my counsel.

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

GUILTY . (Aged 19.)

Transported for seven years .

Tried by the London Jury before Mr. COMMON SERJEANT.

Reference Number: t17901208-35

35. GEORGE PLATT and PHILIP ROBERTS were indicted for feloniously assaulting Henry Sharpe , on the 2d of November last, on the King's highway, putting him in fear, and feloniously taking from his person, and against his will, one guinea, and ten shillings and sixpence, in monies numbered, his monies .

The case opened by Mr. Garrow.

May it please your Lordship. Gentlemen of the Jury: Gentlemen, I am of counsel in this case for the prosecutor against the two men at the bar; and it has very often been my fortune to stand in this place, in the situation in which my learned friend stands to-night, called upon to do the best in the compass of my power, to defend real or supposed innocence: Gentlemen, I have not taken leave of the feelings which must necessarily operate on the minds of advocates

placed in so painful a situation, in a place too in which by the wisdom of the law it is denied to the advocate, on the part of his client, to make any address in his defence; all that it is permitted to us who stand as counsel for prisoners, is to endeavour, by such questions as may occur to us, to impress on the minds of the Jury observations tending to excite distrust of the evidence, and to evince that which we are instructed is the truth of the case. On the present occasion, Gentlemen, I feel this to be a very momentous enquiry indeed: on the one hand, the lives of two of our fellow citizens are at stake; the best interests of society, on the other hand, are at stake; and therefore it is material that you, under the direction you shall receive from the Court, should lend your very, very best attention to the minutest circumstance that on the one hand may go to make up the degree of guilt imputed to the prisoners, or that on the other hand may weigh in the scale of innocence. Gentlemen, the prisoners are charged with a highway robbery; and in point of law, if the facts are made out, which it will be necessary for me, on the part of the prosecution, to make out, I must shew to you that the prosecutor of the present indictment has parted with goods to the defendants, on some terror inducing him to dispose of his property not agreeable to his own will: in the ordinary case of highway robbery, you have evidence laid before you, that either a pistol, a cutlass, or some other deadly or offensive weapon, has been produced with circumstances of terror to the man that complains he has lost his property; on the present occasion you will have no such evidence; the prisoners have obtained of the prosecutor his goods, by the apprehension that his character would be ruined unless he parted with his property. Gentlemen, I know of no times in the legal history of the jurisprudence of this country, in which it has been doubted that such a terror applied to any man constituted that force necessary to make a highway robbery; but if at any time it has been doubted, such doubts are quieted and removed by the determination of all the judges of England; they have declared that, if by menaces used by prisoners threatening to charge the prosecutor with an unnatural crime, or with unnatural and unmanly practices, it is as much in the eye of the law a highway robbery as if they should have knocked him down, or produced a blunderbuss or pistol, or any other weapon; therefore, Gentlemen, as you were not the Jury that attended in that place yesterday, of the law then and now laid down there can be no doubt: Gentlemen, I shall now proceed to state to you some of the circumstances in the case, avoiding by choice to be extremely particular about them, by which the guilt of the prisoners is to be imputed to them in evidence; they are, as you may observe by their appearance, soldiers in the Coldstream regiment of guards; one of them, I may state to you without prejudice, I mention it because it is inseparable from the story now to be told you; one of them is already convicted of a similar offence; and he, together with an unfortunate man now under the sentence of the law, is stated to have applied in the streets of this town to the prosecutor, Mr. Sharp, and by threats that they would accuse him of the abominable practice to be stated to you by the witness, obtained from him a sum of money, which was the subject of another prosecution: Gentlemen, I apprehend when once a man has been weak enough to part with the smallest portion of his property, he is the constant marked object of the man that has first made the application; the mind cannot resist the impression, the overbearing and overwhelming impression, that this observation makes upon it, How came you to give money to a man, if you was innocent; if you was innocent of a crime that most disgraces human nature? Therefore, if a man is taken in an unprepared moment, and has the misfortune once to part with any of his property, experience shews us it is extremely difficult to stop the torrent of oppression, and to say, so far it shall proceed, but no further: Gentlemen, the unfortunate victim of the attacks of thesemen, was prevailed upon to part with a considerable portion of his money, considerable as every thing must be according to the situation of the party; he parted with nine or ten pounds; the men were all soldiers in the Coldstream regiment; sometimes a man came with an old accomplice, then he came with a new one: Gentlemen, at last, worn out, the prosecutor applied to an old friend, a Mr. Simms; Simms directed him to take them to a magistrate, and to make application to the laws; it happened that the attack was repeated; and that which forms the subject of the present enquiry is an application made to him, at his master's house, by the prisoner Roberts; he had seen Platt several times before; Roberts, on the 28th of October, came to him, and knocked at his master's door, and procured some money; but this charge will be the attempt of the 2d of November, between seven and eight, when Roberts came to that house, having on a former day said that he came from a soldier, and that they were draughted to go abroad, and wanted money; he told him, he was come now for the last time, that they were absolutely going off on the morrow morning; that they wanted some money before they went; that, as it was the last time, half-a-guinea would do now: on this man's saying he really had not it, but would go out and borrow it, then he joined company with the prisoner Platt and some other soldiers, and they obtained from him 10 s. 6 d. Gentlemen, on the law there can be no doubt, if the money has been obtained in the manner and under the threats I have stated to you, it is a highway robbery; but there is still, Gentlemen, a most important and very anxious question remaining behind; if that which constitutes a highway robbery has been committed, by whom has it been committed? Gentlemen, beyond all question by the two prisoners at the bar, if you believe the witness, the prosecutor; if you believe him, he will tell you he had frequent opportunities of knowing the persons of them both, which makes it beyond all question that they were the men; he will state to you the conversations he had with them, which will put it out of all doubt: Gentlemen, it is my duty to make these observations to you; and it occurs, in prosecutions of this nature, to ask the question, Has the witness a fair, honest, unimpeached, irreproachable, and untainted character? Is he a man singled out by the villainy of others, for the purpose of having this sort of charge made upon him? because, as I stated yesterday, the best men in society may be the victims of those charges, on the prosecution of the worst men that disgrace human nature; but if a bad man should come forward, Juries will look anxiously into the character of the person making the accusation: Gentlemen, as a lawyer, I hold myself intitled to state to you, that it could make no difference in the case, if you should be persuaded that a man had been guilty of the filthy practice which this extortion states; still, if these men, instead of dragging him to the courts of justice, chuse to gratify their own avarice, it would still be a highway robbery; but God forbid that, whilst we in this country have the benefit of trial by jury, any such law should be stated as governing the decision of the case: Gentlemen, I ask your verdict for the publick on this plain, manly, and intelligible ground; Do you, on the result, believe all the witness tells you? If you believe him, when he states himself to have been an innocent and poor man, to have been under the terror of such accusations, of such threats, borne down by the apprehension of danger, and induced to part with his property; if you believe the story he tells you, publick justice, publick security, demand that the prisoners at the bar should be made victims to that publick justice and to that publick security; but, on the other hand, I feel I should disgrace the situation I hold in society, I feel I should dishonour the gown I have now the honour of wearing, if I did not state this to be my opinion; That if you should find the prosecutor, in the course of his evidence, equivocating with truth, tampering with justice, concealing any part of that which the intelligenteye of a Jury should see, on all occasions; if there be any contamination in his character, and he appears interposing other men between himself and danger, dragging others forward, to be placed in that peril that is due to his own crimes; I for one, say, God forbid, that their blood should be sacrificed on the testimony of such a witness; therefore, I on the part of the prosecutor, invite your serious attention, aye, and I beg leave to crave the superintending attention of the Court too; if on this occasion, my learned friend should be able to call witnesses to you, who should cast a shade on the character and conduct of the prosecutor, and on that evidence which he will now give on his oath, in the name of God, Gentlemen, let the prisoners have the advantage of the doubt; it it is better, it has been often said, that guilty men should escape from the difficulty of proof, and the doubt that hangs over that proof, than that you and the sacred administrators of justice sitting on this bench, should run the risk of dooming to death a fellow creature, on precarious or uncertain evidence. Gentlemen, I have feebly done my duty thus far; I have addressed you, as I am informed you are to expect that a shade will be attempted to be cast on the testimony of that witness; on the one hand you have an important duty upon you, to take care that you do not give too much credit to the evidence of a witness coming forward; and on the other hand, it is your duty to the publick, it is your duty to a private individual, the prosecutor, to attend to his testimony. Gentlemen, you owe it to your oaths, to your consciences, and to your God, to get at the truth by the best lights that the evidence shall afford you, and to give a just and satisfactory credit on the present occasion Gentlemen, I shall conclude my address to you, with hoping, and intreating, that the God of all truth, may lead you to that which is the right and proper mode of investigation, in this important case.

(The witnesses examined separate.)

HENRY SHARPE sworn.

Mr. Garrow. I understand you are the porter at a carpet warehouse under the Piazza, Covent-Garden? - Yes; I am the foreman there; I have lived there 24 years last August: on the 27th of August, I, for the first time, saw the prisoner Platt.

He was then in company with a man of the name of Templeman? - Yes; Templeman and Platt, and some other soldiers of the Coldstream regiment, procured money from me, from time to time; on the 28th of October, was the first time; I saw Roberts about half past seven in the evening, he came to my master's shop-door, he asked whether a person did not live there, of the name of Sharpe; I heard him; I was called; I was in the back part of our shop, which is long; I saw a soldier which was Roberts; I asked him what he wanted with me, he said he came from some soldier which he named, but I do not recollect it, he said, did I know none of the Coldstreamers; I did not know they went by that name then; I said no; he asked me if I knew him, or not; I told him no, I was clear I had never seen him before in my life, to my knowledge; he said very possible, but if I would step round the corner, there was a young man there, a soldier, which I should know; I answered him, that I should go amongst none of them; he said he only wanted half a crown for the soldiers, that had been with me before, for them to drink, before they marched, which would be the next morning, for they were going abroad; I told him, it was an extraordinary thing, that a man with a rational understanding should come to demand money, whom I had never seen before; I am very clear, this was the prisoner Roberts.

Upon the next Tuesday, the 2d of November last, did you see the two prisoners? - Yes; it was about half past seven in the evening; I heard a person ask for me by name, which I think was Roberts; I went to the door; the two prisoners were close to the door, but Roberts was nearest; I asked them what they wanted; Roberts said the preceding night that they were going

abroad, and would never trouble me more; I told Roberts, you said I was to see them no more; they were both together: Platt says, you gave my friend two bad shillings in the three, the other night; for I gave Roberts three shillings the night before; I said, if I had, it was more than I knew, then they said, they now were absolutely going away the next morning, and would have some more money before they went; I told them it was very extraordinary, how could they think, or how could they come after me, which knew nothing about them; they both said they would go away, provided I would give them half a guinea; I told them I had not half a guinea; I had no more than two brass sixpences about me, which I had had sometime; then they said, damn your eyes, we will not leave you without you go and borrow half a guinea; and Platt swore he would be damned if he did not go into the shop, and blow me up, unless I did it; I was then within a yard or two of the door; I was the outside next the coffee-house; the shop is shut of a night, all but the door. Roberts says to Platt, do not be such a damned fool, he will give us money; for Platt laid hold of the door, as if to open it, and go in; I told them I had no money, and if I had, I would give them none, they had had enough, and too much already; Platt laid hold of the door again, says he, damn your b - y eyes, I will blow you up; he turned again to me, and said will you get this money for us or no? I said I could not; they said they would not leave me till I did, and both of them together said borrow it; with that I went to the King's head in James street, with a pretence to borrow half a guinea, they followed me; I told them I could not borrow half a guinea; but I had two guineas in my fob, and I went in reality to get change for a guinea; they said they had considered of it, and damn their eyes if they would leave me without a guinea, for they were going on board of ship the next day, they would not go, damn their eyes if they would, without money; I being so much terrified, by their abusing, and accusing me in the manner they did; I was afraid of my character, which is my bread.

What apprehensions had you, when they said they would blow you up? - The apprehension that I had, was, that they would accuse me of some unnatural crime, and that it would deprive me of my character, and my bread; then I agreed to go back to the King's-head, to borrow a guinea, and I took a guinea out of my fob, and came to them, and I said, mind this is the demand you make, this is betwixt you two; Roberts directly puts the guinea into his pocket, and squared his elbows in a boxing posture, now says he, damn my eyes if I part with a penny of this; Platt said he was a villain, why was he not to have half, and then Platt swore, why was he not to have one too, as there is none of this for me; I argued with them, how they could think of going on so, with that, Platt said damn his eyes if he would go without half a guinea; I told him where could I borrow more; but I agreed to go to borrow half a guinea, and I got half a guinea, and half a guinea's worth of silver; the agreement was to give me a receipt for a guinea and a half, I said, I would not give it them without they gave me a receipt or discharge, as others had done, referring to a paper, which had been given me, by Templeman, who was another soldier, who in company with Platt, had obtained other monies, that they had agreed to, this is the discharge from Templeman, to which I alluded, (Read)

"I hereby promise, that I Thomas Vick ,

"and Thomas Brown , will not molest or

"disturb Mr. Sharpe, on any pretence

"whatsoever, (signed) Thomas Vick ,

"Thomas Brown. September 2d, 1790." They made no enquiry what discharge I meant, upon that I advanced the 10 s. 6 d. and desired them to come to some house to sign the receipt; then they refused to do it, adding that as they were to march tomorrow morning, they had no occasion for it, I should never see them any more; Roberts says, damn your eyes, give me your handkerchief, I want it for my bundle; I did not; then they wished me a good night,

Roberts said he hoped I should meet with no worse villains than they had been; I said it was needless; I did not see them till Templeman and Platt were taken on a Thursday with Smith, and on the Friday evening, the prisoner Roberts came to my master's shop in company with another man of the Coldstream regiment; I went to the door, and asked him what he wanted with me; he said he had a receipt on a stamp, for the money that he had three nights before; I told him to give it me, he said he would be damned if he did; I told him he should go with me; I took hold of his arm, and he went pretty quiet a few yards; then, says he, Platt is gone on board of ship; yes, says I, I know he is; I called Mr. Simms to my assistance, he was at his stall, and we took him to Bow-street, there he said he never saw me before; he denied that he had said any thing about a receipt, or had been at my master's shop at all, but was coming promiscuously along the Piazzi, and that I came out and seized him.

Now I ask you, and attend to the question, and answer it deliberately, did you know any thing at all of Platt, till that 17th of August, when you saw him first in company with Templeman? - No; I did not.

Not the least in the world? - No.

Did you know any thing of Roberts, till you saw him in the company of Platt, when he came to your master's shop, on the 28th of October? - No.

Had any thing indecent or improper, ever passed between you and Templeman, or Platt, or Smith, or Roberts? - Never; so help me God, as I stand here on my oath.

Had there with any person whatever, any of the soldiers of the guards, or any person whatever? - No Sir; there had not.

With no human being, any thing of the sort had ever passed? - No Sir.

Mr. Knowlys, prisoner Roberts's Counsel. You have been servant to this carpet ware-house, 24 years? - Yes; I have been foreman about 16 years.

Of course, you are greatly in the confidence of your master who employs you? - I do not know in regard to that; I will explain it, the former part of my time, Mr. Barnet was my master, he died and left a family.

Who is the master of the carpet warehouse now? - Mr. Drury; he commenced last August was 12 months.

Then during that time, you of course saw him almost every day, I suppose? - No; not every day, because he has another shop.

Templeman you had seen about two months before last Christmas? - Yes Sir.

From that time you did not see him, till the May following? - I did not see him; I had been measuring a room in Pall-Mall, the music was playing in the court yard, a person in soldier's cloaths acosted me; I said you have the advantage of me; on the 17th of August, I saw him again, then Platt was with him.

I believe the account you gave on that occasion was, that being charged in the streets by these two men, you did not know but the people might rise upon you?

On the 20th of August, on the 23d of August, on the 18th of September, on the 20th of September, you was applied to, on the same sort of business, and on the 21st of October, another application? - Yes.

Before you had seen any thing of Roberts, there were no less than eight applications made to you? - Yes.

Now, upon none of those applications, had you ever taken any steps to bring the persons applying to you, to justice? - I had not, not till after.

When did you first mention this to Mr. Simms, your friend? - On the 21st of September.

That was after six applications had been made to you? - Yes.

I believe in consequence of that, you went with your friend Simms to the Northumberland Arms, in Great Russel-street? - Yes; I very seldom use a publick house, but I am perfectly known at the King's Head in James-street.

Then, even on the 22d of September, when your friend Simms was with you, and

you had the assistance of every person in the house, no complaint was made to any person? - Not to any third person, it was the tender feelings that I had, because I would not take the life of a fellow creature, if I could help it but I told them if they did not desist, I would put the law in execution, the first was my character, and the next was that.

Were there any other publick houses, at which you were in company with the persons that made these applications to you? - I desired them repeatedly, to go to a publick house, and call for a pot of beer, and I would pay for it; I waited for Simms coming; and they did go to the publick house; I never was at any publick house with them, only at the Northumberland Arms, and at the White Horse, a small publick house; I was at the door, and called for a pot of beer, and paid for it.

Then you never was at the Queen's Head, Tavistock Row? - Not till after that; I was after that, at the Queen's Head with Platt.

There your friend Simms was with you? - Yes.

There another application was made to you? - Yes.

On that occasion, Simms being-with you and the landlord, and the persons in the publick house, the application being made to you, you made no application to any person? - I did not.

On the 28th of October, Roberts came to your shop about half past seven? - Yes; as near as I can remember; he knocked at the door; I came out to him; we conversed together about five minutes, as I suppose.

Have you been often to see the Guard relieved in the Park? - Me! no, not without it was in my business, not once in half a year; I have heard of the Coldstream Regiment, but never took any notice of the name; I know there are three Regiments, first, second, and third; I had not heard of the Coldstream Regiment by name, to my knowledge, to take notice of it.

Did nothing particular happen, at the time that Roberts came to ask you for some money? - Yes; there were some turnips thrown from behind the Piazzas, and I saw several soldiers heads peeping backwards and forwards.

Did not this create some little disturbance? - None at all, the people were not passing thick; there was half a dozen I suppose, not all at once.

Do you mean to say that attracted the attention of nobody at that time? - It did not; I do say it upon my oath, it did not.

Did none of your fellow servants come out at this time? - No; we were just at the side of the door.

Was it always your practice to stand at the side of the door, when any body called? - Not always.

Was it so when these soldiers called? - Then I mostly walked from the door; the whole transaction of the 2d of November did not take up above a quarter of an hour.

Do you mean to say, that at the time of the half play under the Piazzas, that no person whatever interfered, or came up to you? - Nobody interfered with us; an old woman came past and stopped, they bid her go along.

How many people might pass you? - I cannot tell; a good many.

Then you made no complaint, nor offered to stop them, nor told any body what was passing? - I did not.

At the King's Head you was perfectly known? - I was.

You went twice there without calling for any thing? - Yes; just to the left of the door; I stood at the bar and asked the mistress's sister, she said she had it not, and I directly came out.

How long have you known Simms? - Six or seven years; I have frequently bought things of him.

On the Monday, when Roberts called on you, you did not expect him? - No; because there was a warrant out against him at that time.

You have never walked in the Park of an evening? - Never particularly; I have gone through the Park.

Not of an evening, that you swear positively? - I swear positively I have not; I never go out of an evening.

And you have never made any attack on any body in the Park of an indecent nature? - No, Sir, that I have not.

You have never received a blow for any such attack? - No, I have not.

Mr. Garrow. Whilst you was in the Piazza, you, who was alarmed left a mob should rise upon you, did not proclaim that the men were charging you with an unnatural crime? - I did not.

Nobody took notice of you but an old woman? - No.

You mentioned it to your friend Mr. Simms, and took his advice about it? - I did.

At first you said you was reluctant to take the life of your fellow creatures? - I was worn out with their manner.

You say positively, on the oath you have taken, that if any soldier in the guards should be hardy enough to say that you have made any attack upon him, of an indecent nature, and that he had knocked you down, he is guilty of perjury? - He is Sir.

Prisoner Platt. Did not the prosecutor treat me with a pot of beer, once at the Horse Guards, by the Pay Office, and give me the change out of a shilling on my offering it to him? - I did not.

Whether he did not behave in a very indecent manner to me at that time? - I did not see him at all at the place he describes.

Were you guilty of any indecency to him at the time? - Upon my oath, the sacred oath, as I stand here before you, I was not.

Did not I knock you down in the Green Park for indecency? - It is as false as God is true. I can say no more.

ARTHUR SIMMS sworn.

I keep a green grocer's shop in Covent Garden; I have known Sharpe about fourteen years, he had told me of some applications for money; I saw the paper signed by Templeman and Smith. I took Templeman myself, a warrant was granted against Roberts, and on Friday night, the 5th of November, I was drinking a cup of tea with my wife in my stall, and Sharpe came and said, this is the man that we have been looking for; Roberts was with him, I took hold of him directly, and carried him to Bow-street, he was examined there; he declared to me before, and then at his examination, that he knew nothing of the man at all.

Mr. Knowlys. Whereabouts is your stall? - In Covent Garden, the first stand from James-street as you come down.

Where were you on the Thursday? - On the Thursday I took Templeman; on the Tuesday I came down James-street, and saw the two prisoners talking together, attempting to make water; I looked in Platt's face, as I had seen him before, they had two caps on I am sure; I was at my stand in Covent Garden on the Tuesday evening, I suppose that is about twenty-five yards from the hatter's shop.

Mr. Garrow. Are you quite sure you saw the two prisoners in company together? - I am positive of it, I saw Sharpe talking to them, and his hat off; that was on the 2d of November.

Mr. Knowlys. Had not you the curiosity to stop and listen to the conversation? - No, I had not, I was at my stand when I saw them talking.

Now, had not Sharpe applied to you before, on their application for money? - Yes.

Knowing that, and seeing two soldiers with him, had not you the curiosity to go up and know something about it? - No, Sir, I thought he would alarm me; business, or something took my time.

Prisoner Platt. Had you any connection with a house in Eagle-court? - I know no house in Eagle-court; I know a house in Eagle-street, the Horse and Groom, I lodged there, I travelled with a Mr. Rooksby that lived at the next door, where the wax-work is in Fleet-street; I had a wife there and two children, the man's name is Young, my wife and I were there at the time, and when I came from the fair and different things, I commonly came to her,

as usually a man comes to a woman, and Mr. Young used to ask me to draw some beer; I took the authority in the house; if any of these men can come forward; it is about nine years ago.

Whether he never laid with this Young, the same as a man and his wife? - Never, on my oath; I know nothing of it.

Never with a soldier in the guards, named Tillotson, who was a drummer, who is now in the New Prison for an assault? - I never was guilty of any thing of that kind in my life, and never with such a man.

This house was broke, its licence was taken away for the same thing, nobody but those sort of people use the house? - Gentlemen I deny the whole.

Was not there a drummer quartered in the house of the name of Tillotson? - Never in the world to my knowledge; I was away five months at a time.

Mr. Garrow. I called you, that your character might be enquired into; are you married or single? - A married man; this is my third wife.

Have you any children? - I have none by this, I have two in Dorsetshire, a boy and girl.

Had you any children by your second wife? - She died in child-bed of twins.

At the time you lodged at this house in Eagle-street, you lodged there as a married man with your wife? - I did.

When you came to London, did you cohabit with her as men and their wives usually do? - I did.

Did you, as it has been put to you, by the prisoner, having a wife in the house, sleep with a male bedfellow? - I slept with nobody but my wife.

Have you, ever before this prosecution, been accused of unnatural and improper propensities? - Never in my life.

Have you ever been guilty of such? - Never in my life.

Mr. Garrow. My Lord, I submit I shall be entitled to call witnesses to the character of Mr. Sharpe; I give my friend warning I have such witnesses.

Mr. Knowlys. My Lord, I am told I have a witness that is very material, and I should desert my duty very much if I did not call him.

Prisoner Platt. I have a person here to give me a character.

Prisoner Roberts. The witness I have to call, his name is Williams; he came on his own accord.

THOMAS WILLIAMS sworn.

Mr. Knowlys. Are you a private? - Yes.

What regiment? - The second, the Coldstream Regiment of Guards.

Do you know any person round you? - I know Mr. Sharpe perfectly well, the gentleman here.

Go to him and touch him? - This is the gentleman (touches him); I was on the centry, in the Green Park, I do not know positively the day, it was some time before the riot happened that we were drafted to go into the Tower, to go abroad on foreign service; it could not be in the summer, Mr. Sharpe came to me in the night, between the hours of ten and weive, when I was on the centry; I had never seen him before to my knowledge.

Did he do or say any thing? - Yes, Sir, he did, he offered some very unnatural crimes.

Tell us what he did? - He asked me whether I had been done lately; I asked him what he meant; he said he supposed I perfectly understood what he meant; he wanted to know whether any man had any thing to do with me lately; I told him he ought to be kept and taken up, and made an example or; I told him it was a thing I detested, that I was a maried man, and did not give my mind to any thing of that sort; after he found that I would not submit to any of these unnatural crimes, he immediately departed from me, and went away.

Did you ever see any thing more of him after that? - I mounted the Tilt-yard Guard at the Gun; he came to me about half after nine; that was the 5th day at night, after the first attack; I am sure it was the same man, I called him by his name as he came to me; I told him I would

have him taken up, and he immediately left me.

How came you to call him by his name? - I was going some time after the first attack to my quarters in Covent Garden, I saw him stand looking in at a window, and I enquired of a person what was the gentleman's name, and they told me his name was Sharpe; I mentioned to them that he offered very unnatural crimes to me, and ought to be taken up.

Court. Who was the person that you told of it? - I do not know who it was: he told me he lived in the neighbourhood; but he did not tell me in what capacity.

Mr. Knowlys. Did you ever see him again, after this business of the Tilt-yard? - Never, till this time I saw him in the courtyard.

From the opportunity you had of seeing him, are you sure he is the man that accosted you in the Green Park, and at the Tilt-yard? - Yes, Sir, I am perfectly convinced he is the same.

You are quite sure he is the same? - I am quite sure.

Mr. Garrow. When did you see him in the court-yard? - About twelve, when I came here to-day, I saw him on the steps.

What brought you here? - I was ordered here, subpoena'd.

So you came here in consequence of your subpoena, about twelve to-day; when did you receive your subpoena? - I saw it about half after eleven to-day.

I take it for granted, this filthy subject, you had not talked of it to any body? - No, I have not.

No; I take it for granted, except to the person whom you saw under the Piazzas, you have not mentioned it to any body? - No, Sir, I have not.

You can be quite sure, that except to that stranger under the Piazza, you have never mentioned it to any body; recollect, I do not wish to hurry you? - No, not to my knowledge, I never mentioned it to no creature; but since I came to court I saw the gentleman.

Let me see, if I understand you right, except to the stranger in the Piazza, you never mentioned this indecency to any person till you came here to-day; what did they tell you, you was subpoena'd for on the trial of Roberts? - Sir!

Do not I speak loud enough, soldier? - Yes, Sir.

Answer me then, and do not say, Sir! concerning this matter? - What matter.

Who subpoena'd you? - I do not know.

Was it the stranger that spoke to you under the Piazza? - No, a serjeant that came to me.

Upon your oath, Sir, if you never mentioned it to any body, but to the stranger under the Piazza, till you came here today, how came they to know that you could give any evidence here about Mr. Sharpe, when they subpoena'd you? come, that is a point blank shot you was not prepared for, soldier? - I do not know that ever I mentioned it to any person except my serjeant.

Mr. Garrow. Mr. Short-hand-writer, take care, and do your duty; I know you do it always; but I wish this man should know you do it.

Williams. Yes, Sir, I mentioned it to a serjeant that is here now, serjeant Folden.

When did you mention it to serjeant Folden? - I believe I mentioned it to him after I came off the centry, at the Gun in the Tilt-yard.

What did you tell him? - I told him that I had such a person come to me.

Who did you tell him came to you? - I told him Mr. Sharpe came to me.

Now will you venture to swear you did this; look to the Jury Sir, come, will you venture to swear, that when you left your guard on the Tilt-yard, that you told serjeant Folden, that Mr. Sharp had made this attack on you? - I cannot say that I did.

Upon your oath, did you ever in your life, till to-day, mention it to serjeant Folden? - Yes, I did.

When did you? - I am not positive when.

How long ago? - When I came off centry, the time I do not know.

Come, you must answer? - Yes, Sir, I think I did, I am not sure.

Are you sure you did; come, come; look to the Jury, I see it has an effect upon you? - I have mentioned it to him, but I do not positively know when.

Upon your oath have you ever mentioned it before? - Yes.

How long before? - I cannot positively tell.

Where have you mentioned it? - In different places.

In different places; were there many people present? - I do not recollect any body that was present.

Why you made no secret of it, did you? - I did not.

Did you mention it more than once to serjeant Folden? - I cannot say whether I did, I believe it was in the guard-room.

Will you swear that? - I did mention it in the guard-room, to all the guard that was present.

To all the guard that was present! when all the guard was present in the guard-room? I mentioned it to serjeant Folden in the guard-room, whilst all the guard was present; but not as the guard heard me.

What did you mention it in a whisper? - I called him aside, and told of this in the Tilt-yard guard-room; there is no other guard-room.

Was it when you was relieved after Mr. Sharpe had been there? - Certainly, Sir.

Was this attack after the rumour of your being drafted for foreign service had blown over? - No, Sir, it was before that.

How long before Mr. Roberts, your friend, was taken into custody? - Some time.

A long while? - Yes.

Did you tell the serjeant where Mr. Sharpe lived, and what trade he followed? - No, Sir, I did not know.

How came they to think of bringing you here? - I do not know, I mentioned it to the serjeant.

Pray, has these sort of things happened to you often? - No, Sir, never before this time nor since.

Therefore you did not understand what he was saying, when he asked you if you have been done lately? - Yes.

You are a married man? - Yes.

You have been a soldier three years? - Yes.

You have mounted guard with a good many different men, I fancy? - Yes.

And you did not guess at the expression? - No; I told him he ought to know better, and he ought to be taken up and made an example of; so he went off.

It was between ten and twelve; was it nearer ten or twelve? - I cannot be positive whether the clock had gone eleven.

What sort of a night was it? - I am not positive of the night.

Was it, or was it not, a dark or a light night? - I know when I was last on guard in the Green Park, it was a dark night.

What part of the Park was you in? - It was the Green Park; there was a lamp at the house next to the box, about ten or twelve yards off.

The man was nine or ten minutes talking with you; why you had quite a coaze with him, quite an agreeable conversation with him? - It was not very agreeable.

How long was it afterwards when you saw him looking into the print-shop? - It was a day or two.

What did you say to the stranger? - He was looking in there; I asked him if he knew him, he said his name was Sharpe; I said, I believed he was a very bad man, and a man that did not like a woman, and a man that ought to be taken care of.

You did not explain to him why you thought so? - No.

Then it is not true, if any body had said so, that he made a very unnatural attack on you in the Park? - Why I told him he had offered some very unnatural practices to me in the Park.

What said the stranger to this? - He did not say any thing, he laughed and went away.

He did not tell you where he lived? - No, Sir, he did not tell me positively where he lived, he told me Sir, he lived in the neighbourhood, but he could not tell me where.

Did you press him to tell you where he lived? - No, I did not; when I asked him where he lived, he said nothing, but went away; he told me before that, that he lived in the neighbourhood.

So then, you who had kept this so snug, that you did not mention it to any of your comrades, mentioned it to a stranger in Covent-garden? - I did.

Why did not you go with the stranger and take him to Bow-street? - If I had done as I ought to have done, I should.

You are a soldier in the Coldstream regiment? - Yes.

You have the honour to have his Royal Highness the Duke of York for your commanding officer? - I have.

Do not you know instances in your own knowledge of his Royal Highness encouraging soldiers who have detected unnatural practices in the Park? - He has.

Did Mr. Sharpe run away from you? - He went off as fast as he could.

How near was you to another sentry? - Why, a hundred yards and better.

How far from another sentry when you was in the Tilt-yard guard? - From one sentry I do not suppose it was above forty yards.

Then why not call out to the other sentry to take this fellow? - He did not go that way.

What did you say to him? - I called him by his name, Sir; he came up to me, as I called him by his name: when he began to offer this unnatural crime, I told him he ought to be secured, and I would secure him, if he offered any thing of the kind to me; and he made off as fast as he could; it was dark.

What did he say then in the Tilt-yard guard; what was the first thing he said? - He came up to me, when I was on sentry, and talked to me; and he asked me whether my breeches were lined.

What answer did you give him? - I called him by his name, and told him that I knew what he was very well, at least by his behaviour, that he was a very bad man, and to get away, or else I would secure him.

Was that all that passed? - Yes, it was.

Recollect. - I called him by his name, and told him he was a very bad man, and a man that ought to be taken care of, and if he did not go away I would secure him.

When did you tell that to any body? - I mentioned that to Serjeant Folden.

Will you swear that? - I am not positive.

When your guard is relieved, do not you report to those who succeed you what has happened on your guard? - No, unless it is something that concerns our duty.

Then if a man should come to your sentry-box, and should offer any unnatural attempt to your person, that is no part of your duty? - I did not take him, because I could not leave my post.

How long is this last time ago? - It was some time before we went into the Tower.

When did you go to any magistrate to make a complaint that Mr. Sharpe, who lived in Covent-garden, was an unnatural man, and had been offering unnatural practices to you? - I did not go.

Did you knock him down for this? - No.

Have you never said you did? - Not to my knowledge.

Then you never said to any body, that Mr. Sharpe, the prosecutor, had made an unnatural attempt upon you, and that you had knocked him down? - I did not say so to nobody, never in my life, to the best of my knowledge.

That will not do for me; I ask you, and I warn you that I am able to prove the contrary. - I did not say so.

That you swear positively? - Yes, I do swear positively, that I did not say so, never in my life, to any body.

Mr. Garrow to Mr. Sharpe. You have heard all that this man has said; upon the solemn oath that you have taken, and as you will answer it to your God, recollecting that the lives of these two men are at stake, is the account that man has given us true? - As I will answer it at the great and dreadful day of judgment! every word a lie! every word, as I may never stir from this place any more; how villainous it is! I stood patient to hear such villainy!

Is it true, that at any part of your life, you had any conversation with that man in the Green Park? - No, never, Sir.

Is it true, that in any part of your life, you ever spoke to him on the tilt guard? - Never.

In one word, is there a syllable of truth in any thing he has said? - Not a syllable, as I hope for salvation; I can say no more.

Mr. Garrow. If Serjeant Folden is here, I will make him my witness; for in this case, whatever may come of the prosecutor, the whole story shall come out.

SERJEANT FOLDEN sworn.

Mr. Garrow. Do you know the private of the name of Williams, that you brought here by subpoena? - Yes.

You was the person that caused that subpoena to be served? - He was subpoened, and I was sent with it while he was on duty; I was sent from the regiment, from the orderly room, as a part of my regimental duty.

Had you any share in the procuring him to be subpoened? - No, Sir, I had no share.

Had you directed him to be subpoened? - No, Sir.

Had you given any account of what he knew on this subject? - No, Sir.

Had you any knowledge that he was possessed with any circumstance that had any thing to do with this trial? - No, Sir, I was not, indeed.

Till the subpoena was brought, had you any reason to suspect that he knew any thing that related to this prosecution? - No, Sir.

Have you ever heard from him any account, that he had any knowledge of any transaction that could have the least relation to this subject? - No, Sir.

Had you before this day, any conversation with him relating to this subject? - No, Sir.

Did you before this day ever hear him mention a person of the name of Sharpe? - No, Sir, never before this day.

Until this day, you never heard from him the name of Sharpe? - No, Sir, I have not.

Is Williams a private of your guard? - No, Sir, I am not on guard; but I have been on guard with him at St. James's.

Do you remember his being on the Tilt-yard guard, while you had occasion to be at the Tilt-yard room? - Not that I know of.

Did he ever in the guard-room relate to you any circumstance that had happened to him either on the Tilt-yard guard, or the Green Park? - No, Sir, never.

Had he never told you that a man of the name of Sharpe had asked him some indecent questions? - Not till to day.

Are you very positive of that? - Yes.

Are you very sure that he never told you that man was a man of unnatural passions? - Yes.

Do you know much of this man, Williams? - Yes, ever since he has been in the regiment; I cannot say rightly; I have known him four or five years.

Since Roberts particularly has been in custody, have you seen Williams from time to time? - More when he came to his duty.

Had you ever any private conversation with him apart from the guard-room in your life? - No, Sir, not about any such thing.

If he had told you that a man had asked him questions of an unnatural tendency; if he had told you so at any particular time, should you remember it? - Yes, I should.

Are you quite positively sure that he never did? - Yes, I am; he never mentioned any such thing happening to him, to me, never in his life.

Mr. Garrow. Now, my lord, I propose to call witnesses for the prosecutor's character.

Court. I think you are intitled to do it; but the case does not call for it.

Mr. Garrow. It certainly does not; but for the sake of this man in future life, I ought to do it.

THOMAS CHARLES sworn.

I live in Little St. Andrew's-street, Seven Dials; I have known Sharpe twelve or fourteen years.

As far as you have known his character, has he been a man of a manly, fair, virtuous character, or a man that is subject to unnatural propensities? - Amazingly so; I deem him the last man in the world to be guilty of so foul an act; I believe if there is a worthy character between Heaven and earth, he is the very man.

JAMES PEGG sworn.

I am a butcher in Bear-yard, Clare-market; I have four children, that is three, and another a coming: I have known Sharpe five or six years.

Do you take him to be a man of a manly, fair, honest character? - The worst character that I ever heard of Mr. Sharpe, is an honest worthy good sort of man; I have been in his company for many evenings, both alone, and with other company, frequently of an evening when I have done my work, and I never saw any thing indecent in him; I do not believe there is a man living that has a better character.

JOSEPH EMOS sworn.

I am porter at the Queen's mercer's, Ludgate-hill: I have known Sharpe about seven years and a quarter.

What character does he bear as to those manly virtues that adorn mankind? - I never saw any thing indecent in the man in my life; I slept with him four years.

Mr. Garrow to Serjeant Folden. You told me that this Williams mentioned something of this circumstance? - When we were coming here.

Did he at any time say what he did to the man that attacked him? - No, Sir.

Did he tell you whether he did or did not knock him down? - No, Sir, he did not; he said he was coming as an evidence against Mr. Sharpe; he did not tell me what he knew about him.

GEORGE PLATT , PHILIP ROBERTS ,

GUILTY , Death .

Tried by the second Middlesex Jury before Mr. RECORDER.

Court. Let Williams be committed for perjury, and Sharpe and Simms and the serjeant be bound over to prosecute him.

Reference Number: t17901208-36

36. ANN METCALFE was indicted for stealing, on the 2d of November , one fox muff, value 10 s. and one printed book, value 1 s. the property of Thomas Wedd ; and one pair of silk stockings, value 3 s. the property of Thomas Thompson .

The prisoner was employed as a charewoman to Mr. Wedd, who lives in Holborn ; and the property was found in her box, at Mr. Macolms, at Walworth, where she went to live.

(The things deposed to.)

Mrs. Macolm confirmed the evidence of Mr. Wedd.

PRISONER's DEFENCE.

I wetted the muff, and took it to dry; the book I took to read, and the stockings I took in a mistake; I thought to have replaced them.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17901208-37

37. WILLIAM NORTON was indicted for stealing, on the 9th of November last, a silver watch, value 18 s. a steel watch chain, value 2 d. and two metal seals, value 4 d. the property of James Forrester .

JAMES FORRESTER sworn.

I was servant to Mr. Ducarrel, at Margate, between four and five months, and at Ramsgate part of the time. I slept at the White Hart, Chancery-lane , on Monday night, when we came to town; it is a public house; a friend of mine keeps it; I went away in the morning, and left my watch on the bed; I did not miss it till I

went to dress my master; he lodged at the King's Arms coffee-house, over Black Friar's Bridge; I slept there that night, my master having company; and on Wednesday morning I returned to the White Hart; then I made enquiry for my watch; and I went to the pawnbroker's, and found my watch at Mr. Wright's, in the Almonry, on the same day; the prisoner is a soldier in the first regiment, and was quartered in the house; I put the watch on the bed; I did not hang it up; I took it from under my pillow, and left it on the bed; I forgot it; the prisoner slept in the same room, but not in the same bed.

JAMES KENDALL sworn.

I am servant to Mr. Wright. I produce a watch which I received from the prisoner; he was a stranger to me; he brought it on Tuesday, the 9th of November, between one and two; I asked him who the watch belonged to? he said, to himself; I asked him where he bought it? he said, at Gainsborough, where he had worked some time ago; that is the place which is marked on the watch; he told me the maker's name and number; I lent him seventeen shillings and six-pence on it; he said his name was Thompson, and that he lived at No. 3, in Petty France; the prosecutor came and claimed it: (the watch produced and deposed to): a person came about two hours afterwards with the duplicate, and I desired to see the person that brought it, and he sent the prisoner in.

WILLIAM MURRAY sworn.

The prisoner is a soldier, and was quartered upon me; the prosecutor slept at my house that Monday night, and lost his watch; the prisoner slept in the same room with the prosecutor; I saw the prisoner and another soldier go up stairs to tie one another's hair; and they came down again directly, and went out, without tieing their hairs.

Prisoner. Did not other people sleep in the room that night? - Yes, one William Alcock who collects land-tax for one of the wards in the city; and one Mr. Johnson slept in the same room; Johnson writes for Mr. Tancred, in Lincoln's-inn: the prisoner always behaved extremely well before this.

PRISONER's DEFENCE.

I never had the watch in my possession; a Jew offered me a shilling to go to get the watch; I did not pawn it at first.

Court to Kendall. Are you positive to the person of the prisoner? - I am.

GUILTY .

Transported for seven years .

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

Reference Number: t17901208-38

38. MARY SMITH was indicted for feloniously stealing, on the 27th of October , two linen sheets, value 4 s. the goods of Thomas Garner , in a lodging room .

CHRISTIANA GARNER sworn.

I am wife to Thomas Garner : my husband lives in Drury-lane, in Nag's-head-court . I let Mary Smith a two pair of stairs room, furnished, five weeks before she was taken; she had therein five chairs; a table, and a good bed, and every necessary she wanted, and a pair of sheets; on Wednesday night she was in the room between eight and nine at night, and she was gone next morning; she has been in gaol a month; the pawnbroker has the sheets.

JOHN GARWOOD sworn.

I live with Mr. Atwood, Bridges-street. I have only one sheet, which I received from the prisoner on the 28th of October.

(Produced and deposed to.)

PRISONER's DEFENCE.

The sheets are my own; they are marked with my mother's name.

GUILTY .

Fined 1 s. and imprisoned three months .

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

Reference Number: t17901208-39

39. ANN SEYMOUR was indicted for feloniously stealing, on the 24th of November , a flock bed, value 9 s. a bolster, value 6 d. a pillow, value 1 s. 6 d. a linen coverlid, value 3 d. a chair, value 3 s. a picture, value 1 s. and various other articles , the goods of William Scott .

WILLIAM SCOTT sworn.

I live in Little Drury-lane, in the parish of St. Mary le Strand . On the 24th of November last I lost all the things mentioned in the indictment; the prisoner lived with me till the 23d or 24th, and then went away; after she left me I missed these things; they were all in the house when she came to the lodgings, and they were all missed after she left it; I missed them the very same day, or a day after; I cannot be positive.

What time of the day did she go away? - It was between six and seven; I heard her on the stairs then, and never saw her after, till she was taken; I found part of my things at No. 14, in the same street, where I live; I found some more at Mr. Jackson's, White-hart-yard.

Was any promise or threats made use of to induce her to make this confession? - None at all; she had sold some to Mr. Mills, Little Drury-lane, some to Mr. Jackson, White-hart-yard, and the bed down in Cross-street, the bottom of Newton's-lane.

Was you present with Scott when he went to look after it? - No, but I went to fetch some of it yesterday to bring here.

(Some of the property produced; the rest not brought because they were so cumbersome.)

Did the prisoner own to you that she had disposed of such and such things, some at Mills's, and some at Jackson's? - Yes.

What is the value of all those things you did find? - I suppose they might be about a guinea, or two and twenty shillings.

MARY SHIELDS sworn.

Confirmed her husband's evidence.

GUILTY .

Fined 1 s. and imprisoned six months .

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

Reference Number: t17901208-40

40. JOHN PEART was indicted for feloniously assaulting Ann White on the king's highway, and putting her in fear, and feloniously taking from her person by force, a bundle containing a quantity of wearing apparel, her property .

(The witnesses examined separate.)

ANN WHITE sworn.

I was robbed on the 25th of September. I was coming home from Brentford; it was about four in the evening, and was robbed in Piccadilly , in the open street; I got out of the stage, and went into a hackney coach, and all the things were put in. The prisoner at the bar, and the coachman, tried last sessions, pushed me down, and took my bundle out of the coach; they pushed me all along the street, as I was getting into the coach; who pushed me down I do not know, whether the coachman or the prisoner.

What did the bundle contain? - It contained a great many articles, a gown, two shifts, two or three caps, a petticoat, three pair of stockings, five aprons: I got into the coach, and told the coachman I had lost my parcel; the prisoner and the coachman

both damned me several times, and said, they had not got any thing, nor had I lost any thing.

Did they say any thing to you when they first pushed you down? - Nothing at all; they pushed me down, and took the bundle; I went then to my lodgings, and I had the coach searched then, but the bundle was not in it when I got there: Sir Sampson Wright's men found the bundle some time after.

Prisoner. I would wish to ask whether I was nigh her? - The prisoner was near me, and damned me several times: there was only him and the coachman present.

JOHN THOMPSON sworn.

I brought Mrs. White from Brentford to London; she asked me to call an hackney coach; the coach did not come near enough to step out of one coach into another; I went to assist her, and put in her bundles; and as she was getting in, she was shoved down, and the bundle was stole; I was shoved down along with her; I can say there was no one near but the coachman and the prisoner at the bar; the prisoner at the bar was at the hackney coach door at that time; and he was there some time after.

Prisoner. I would ask whether I was not with him from the time that the lady said she lost her bundle, for an hour after? - He was with me some time; I cannot say for the time; he came and attended the coach as usual: he was the watering man, and generally attends the coaches there.

EDWARD HUGHES sworn.

I am one of the patroles: I was on duty in Piccadilly, and heard of the robbery; I was told that John Peart had taken the bundle; I saw him about there a few minutes afterward; and about five minutes after I saw him on an hackney coach box in Piccadilly, with the man who was convicted last sessions; I pursued him up Rupert-street; Peart got off the box; and at the end of a little court, called Edmond's-court, facing St. Ann's church, the coachman stopped, and got off the box; (this might be ten minutes or a quarter of an hour after the robbery was done); he got down and opened the coach door, and took the bundle out, and had walked down the court some yards; and Peart came up from the bottom of the court to meet him; and he was close to him when I apprehended the coachman; his name is Johnson.

What became of the prisoner? - He left London after the sessions, and went to Portsmouth; and an information coming up that he was at work at a stable-yard there, I went down and took him.

Prisoner. He says I rode on the coach, and he followed me about to the dead wall of St. Ann's church; then he says he saw me in the court, at one end, and the coachman at the other; now, if he saw me in Rupert-street, how could he see me at the other end of the court? - He was coming to the coachman, almost the distance as I am to you, my lord; I saw him first at the corner of Air-street; and he passed just the end of the street; I says to the man with me, there is Peart on the coach-box; says I, we will follow him wherever he goes.

Prisoner. Is it possible for a coach to go to Piccadilly, and set the lady down at Mary-le-bone, in this time as he has mentioned he saw me? - I cannot be positive for a few minutes.

(Part of the articles produced and deposed to by Mrs. White.)

Court to Mrs. White. Did you go in Johnson's coach to Mary-le-bone? - Yes, I did.

William Custody , the other patrole on duty, deposed to the same effect.

Court. Did you see enough of him on the coach-box, to swear that he is the same man? - I believe I can swear he is the man, safely.

RICHARD MOUNTAIN sworn.

I am bound over to prove that neither the coachman, Johnson, nor Peart, are servants of mine.

PRISONER's DEFENCE.

I will say I never was with the coach. This man says it was nine o'clock when he saw me on the coach-box with Johnson, when Johnson will say he did not see me; it was one of Mr. Watson's post-boys, at the Plow, Prince's-street; and he set him down at his own door. I never was with the coachman, nor see him.

GUILTY of the larceny .

Transported for seven years .

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

Reference Number: t17901208-41

41. THOMAS FLOCKTON was indicted for stealing, on the 3d of December , two coach springs, value 10 s. the property of Thomas Phillips .

And PETER FISHER was indicted for receiving the same, knowing them to have been stolen .

THOMAS PHILLIPS sworn.

I am a coach-maker in Little Denmark-street . On the 3d of December, I lost four springs in the evening; I have a witness here that found the property.

THOMAS PHILLIPS , the younger, sworn.

On the 3d of December, I was coming out of my father's house, and I saw a man run by with something in his hand; it was about half after six in the evening, as near as I can guess; I went in and informed my father and Mr. Jennings, who were together in the parlour, of it; on looking into the shop, we missed four coach springs; Mr. Jennings said, we had better go after him to the first iron shop, and then we should light of him; as we went on, the prisoner came out of Crown-court, joining Peter Fisher's shop, in Broad-street; he had got two then; the other tapped him on the shoulder; I said, that is him; he followed him into Peter Fisher 's shop; and he laid hold of him, and one of the springs; and I laid hold of him on the other side, and another of the springs; we took the prisoners and the two springs to Bow-street.

(The springs produced and deposed to.)

Mr. JENNINGS sworn.

Confirmed the last Witness.

Prisoner Fisher's Counsel. The moment you got into Peter Fisher 's shop, you secured him? - Yes.

And you was directly in after him? - Yes; he had one on his shoulder, and the other Peter Fisher was helping down.

And there was nothing found in Peter Fisher 's shop? - No.

Prisoner Flockton. A man gave them to me to carry.

Court. I shall not put Fisher on his defence.

Court to young Phillips. Was you able to observe the man that passed by the door, what siz'd man was he? - Very much resembling the size of the prisoner, but I cannot positively say it was the prisoner.

THOMAS FLOCKTON , GUILTY .

Whipped and imprisoned one month .

PETER FISHER , NOT GUILTY .

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

Reference Number: t17901208-42

42. JOHN LEGG was indicted for feloniously stealing, on the 22d of November , a looking glass, value 3 s. the goods of John Hayes .

JOHN HAYES sworn.

On Monday, the 22d of November, I lost a looking glass, taken out of a one pair of stairs room, and stopped the man with the glass in his hand.

GUILTY . Whipped .

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

Reference Number: t17901208-43

43. THOMAS HARDY was indicted for feloniously stealing, on the 17th of November , a pair of linen sheets, value 6 s.

and a quarter of a pound weight of linen rags, in a linen bag, value 1 d. the goods of William Barnett .

ANN BARNETT sworn.

I am wife to William Barnett ; I was sitting in my kitchen, about nine o'clock in the morning, the 17th of last month, the door was open; I had sent my daughter on an errand; the prisoner came in through a long garden into my parlour, immediately he went into a closet in the parlour, and took out these sheets, (the sheets produced) and put them into a leather bag, which was likewise in the closet; the publick house boy happening to come to the door for the pots; I went up stairs to give it him, and hearing a noise in the parlour, I immediately went in, and did not see any body; the stair case of the bed-chamber comes into the parlour, and looking up the stair case, there I saw the prisoner almost into my bed chamber; I screamed out immediately, and ran into the garden; my daughter coming back, and hearing me scream ran up stairs; as soon as we got into the garden, the prisoner came down the steps and told us, he was looking for a dyer; the neighbours came in and advised me to go back into the parlour, and see if I missed any thing; upon this I went into the parlour, and found these sheets packed up in this bag, which had before been in the closet, and they were found upon a trunk; my daughter secured the prisoner.

CHARLOTTE BARNETT sworn.

These sheets I folded up and put into the cupboard, and about three minutes after, I went to the next door on an errand, and while I went there I heard Mamma scream out.

WILLIAM WINDER sworn.

The prosecutor sent to my house for an officer, and I went immediately; I took them into the parlour, and they shewed me the things that he had robbed them off, wrapped up in a bag; he was standing inside the garden gate.

(The sheets deposed to by Mrs. Barnett.)

PRISONER's DEFENCE.

I was out of work, and I was informed that one Mr. Johnson a dyer, lived there; a young lad came out, and I asked him that question, and immediately the gentlewoman came up, and accused me of thieving.

GUILTY , (Aged 17.)

Transported for seven years .

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

Reference Number: t17901208-44

44. EVAN JONES was indicted for stealing, on the 16th of November , two shammoy leather skins, value 2 s. seven leather deer skins, value 7 s. four cloth coloured skins, value 4 s. a red skin, value 10 d. one leather flesh coloured skin, value 10 d. the goods of Thomas Savage , the elder.

SAMUEL SAVAGE , jun. sworn.

I am the son of Mr. Savage, he lives in Chiswell-street ; the prisoner was our porter , and had the care of the stable, at that time, and has had it for five years past. On Tuesday the 16th of November, I was in the stable; two tarrier dogs were working in the straw for vermine; after they had scratched up the straw, they scratched up a bundle, containing two leather linings; I went out to Bow-street, and left it in the same situation, in which they were first found, in order to detect the thief; and when I came back with a search warrant, I gave it to an officer, and we went to the apartments of the prisoner; he was at dinner; about four o'clock in the afternoon we told him that we had a search warrant, and that it was the best way to deliver up what he had; he went up stairs, and we with him, and there were several boxes one upon another, and he himself unlocked the topmost box, and took out

several skins with the letter S. on them, he said this was all; I believe lenity was proposed to him: these things are the property of my father; here are four skins; I found seven others; I have no doubt of their being my father's property.

Are the skins there found in the stable? - Yes they are.

Mr. Knapp, prisoner's Counsel. I want to know the situation of this stable; is it in a yard adjoining to this house? - It is.

It was not locked up at that time? - No.

So that any one might have free access? My reason for believing it to be the prisoner was, because he was the man that looked after the horses.

There was no lock to it, and thereby any one might have free access to it as much as the prisoner, and this man hath been your servant for five years past? - He has.

I believe at Bow-street there was some difficulty about speaking to the property? - I wished to be more positive, that was the reason; I did not swear, because I wanted time to recollect.

Hath the prisoner at any time been used to buy any skins whatever? - I never heard him ask to buy any.

HEWIS sworn.

I am a constable; I had a search warrant to search the prisoner's apartments, and I found thirteen skins in his bed-room; they were in his custody, he took them from two different boxes, they were both locked, and he had the key of them.

Cross Examination.

The prisoner was at dinner, he did not refuse to come out to you at all? - None in the least.

Did he refuse you to open the box; he himself unlocked the box, and shewed you the things? - Yes he did.

Was there any thing passed, that he bought these skins of Mr. Savage's brother? - No.

The box was opened by your desire; the first box he opened very readily? - I told him if he did not make haste I would break it open.

Court to Hewis. Did you go with the prisoner to Mr. Savage's house? - Yes; and I asked him if any of these skins were the skins in the stable; he went up into the loft, and there was room for only one person at a time, as soon as he went up, Mr. Savage had a lanthorn and a candle, and I went up, and the prisoner had got the skins in the loft and brought them to me.

Court to Savage. Are these the skins you found in the stable? - I believe they are, they have never been out of the possession of the Constable; when I went out they were in the stable, and when I came back from Bow-street, I found the prisoner clearing the room of the stable; I sent the prisoner to Dice Key, to consult what to do, and immediately as the prisoner was gone, I found the skins missing, and that was the very same parcel produced from the loft.

Mr. Knapp. What is the mark you know them by? - By the letter S.

On any of them are no other marks than the letter S.? - Yes; there are my men's marks on them.

Your men make the same marks on all the skins, therefore all that you can swear to is, that it is such a mark as your men make? - Yes; it is.

With respect to the letter S. these skins that are particularly marked, those are the same amongst a great number of others, and all the skins of a certain description have that letter S.? - Yes; and they have the men's mark beside.

FRANCIS BRADFORD sworn.

I am a manufacturer of skins, that is one of my doing.

Mr. Knapp. You mark always with the same mark? - Yes.

And that is all the way you know any thing at all about it? - Yes.

PRISONER's DEFENCE.

These here men they came to my house when I was at dinner, they called me out to the passage, and asked me for the skins that were in the stable, that I took away; I told them that I did not take any away; they said that they had got a warrant to

search, and it was better for me to own directly; I went up stairs and opened the box, and they took the property that I bought, and I let them take any thing, my shirts and any thing; as to these skins in the stable, I happened to go to the stable, I was looking after the horses, and I took the fork to take some straw to throw out under the horses, and I saw a bundle of skins under the manger; I threw them up on the hay, and there I left them, and when they came and asked me for them, I told them where they were, and gave it them.

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

GUILTY .

Transported for seven years .

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

Reference Number: t17901208-45

45. ELIZABETH HAMILTON was indicted for feloniously stealing, on the 2d of December , one muslin cap, value 5 s. one muslin apron, value 3 s. the property of William Woodcock ; and one muslin apron, value 2 s. the goods of Richard Morris .

Mrs. WOODCOCK sworn.

I am the wife of the prosecutor; on the 3d of December, I lost a muslin cap, and I missed the apron on Monday morning; I never saw them in the hands of the prisoner, nor after I missed them, till I saw them at Lemoine's the pawnbroker's, there I saw the cap and the two aprons: This woman was my servant, one of all work, at the time I missed the things, and before I recovered them, she had left my place; she left it on Friday after I missed my cap.

Did you part friends? - No; I turned her away on suspicion.

ELIZABETH MORRIS sworn.

I lost a muslin apron from Mrs. Woodcock's room, she being my sister; I lent it her about a fortnight before it was lost; I saw it again at Lemoine's the pawnbroker's.

PHILLP LEMOINE sworn.

I am a pawnbroker; I am a servant to Mr. Beauchamp of Holborn; I had two muslin aprons and a cap pawned to me, on the 2d of this month; I had never seen the prisoner before, but I am positive she is the woman that pawned them. (The things produced and deposed to.)

PRISONER's DEFENCE.

I had never been in the pawnbroker's place in my life, and there hath been so many ups and downs, in my master's place, it is such a publick house, that it is impossible to say who took them from there.

Court to Lemoine. You never saw this woman before? - No; never, but the reason why, I remember the circumstance was, she came on a Thursday in the evening; she said she brought them from her fellow servant; she had then the appearance of a cook, at the time she came; I happened to have no silver, and wanted change to give her, and while the boy was gone, she said she was going for some thread, for her fellow servant, and while she was gone, the boy came back with the silver; and I gave it her.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17901208-46

46. JOHN TULL was indicted for feloniously stealing, on the 31st of October , a violin, value 14 s. thirty-six Wedgewood seals, value 6 s. and six other seals, value 6 s. the goods of John Wilde .

JOHN WILDE sworn.

I keep a second hand music shop , Saville Passage, Saville Row ; on Saturday night, the 30th, or Sunday night, the 31st, of October, I lost the things mentioned in the indictment; I saw them on Saturday before; I shut up the shop, very safe, as usual; I shut it up a little after dark on

Saturday evening, and not go near it till between 11 and 12 o'clock on Monday morning, as I do not live at my shop; on Monday morning the articles were gone, when I opened my shop, I found all the music books scattered on the ground, and trampled upon with muddy feet; I discovered immediately that I had been robbed; I searched after my property, and found the fiddle at Mr. Bell's.

CHARLES BELL sworn.

I am a pawnbroker, at No. 9, Peter street, Golden-Square. The prisoner at the bar pawned this violin with me, on the 1st of November; I had never seen the prisoner before, when he brought it, it was between 9 and 11 in the morning; I cannot say more exactly; I lent him one shilling, and gave him a duplicate in the name of Thomas Sanders , he gave his address as No. 1, Green's Court; I am sure he is the person. On Tuesday the 2d of November, John Wilde came to my shop, and I shewed him the violin, he said it was his; he described it before I shewed it him, as having a grinning head, and a bit of brass on the back; he desired me if the person came with the duplicate, to stop him; a woman brought the duplicate to me, and I stopped it, and told her she must send the person who pawned it; the next morning the prisoner came for it himself, and I apprehended him.

WILLIAM WALKER sworn.

I keep a fruit stall, in New Castle Street, and go on errands; the prisoner about three weeks ago, I believe, I cannot justly say, brought me some seals to buy; I sent him away, and then he came again another day, and I bought them then for 2 s. they were three dozen, or three dozen and a half; I did count them then, but I have forgot now; some polished and some not; Mr. Wilde came to my room, and asked me if I had any back seals to sell; I told him I had got half a dozen, and shewed them to him; he asked me if I had got any more, and I said no; he told me, these are my property; my shop has been broke open; I told him then I have got some more, and I shewed him all. (The seals produced.)

Was the prisoner a stranger? - Yes.

How did you offer them to sale? - I sold three or four for 3 d. apiece; I believe they were some of the rough ones.

(The violin produced and deposed to, and the seals being made by the prosecutor himself, and as he had never sold above one or two of them polished in his life, and a few unpolished, but never half so many as found.)

PRISONER's DEFENCE.

As to the violin; (I am a poor man; I keep a stand at Piccadilly, opposite Devonshire-house:) a man came and offered me this duplicate for sale, and asked me to buy a violin in pawn; I gave him four-pence for the duplicate, and went to the pawnbroker's myself for it, in order to put it up to sell, and the pawnbroker told me it was owned, and sent after the man, and he was not at home, and he gave me liberty to go out of the shop, and I told the pawnbroker, if he would tell me where the man lived, I would go to him myself; he directly took me up to Bow-street, and committed me to prison.

GUILTY .

Whipped and imprisoned twelve months .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17901208-47

47. JAMES MANLEY was indicted for feloniously stealing, on the 3d of December , a pair of linen sheets, value 5 s. the goods of John Leatham .

- LEATHAM sworn.

I am a married woman: my husband is a horse-dealer . I live in Crown-court, Purple-lane. Before this 3d of December I had been robbed; and on that day the prisoner came to me, and told me he could inform me of the people that robbed me, and he knew where the things were pawned;

I went with him to Justice Triquett's, Clerkenwell-green, and got a warrant, and Mary Ellis and the prisoner Manley went with me; we went from there over the water, into the Borough, and he shewed me and the constable the man at work, that had robbed me before, and told us that he did not like to be seen in the business, he would wait at a publick-house, for the constable and me, the Crown, in George-street; when we had taken the man I went to the Crown, in George-street; he was not there, on the Sunday following a woman came to me, and informed me of him, and I found him at an empty garret, No. 23, Leather-lane; when I went, which was about twelve or one o'clock, he told me he was sorry he had sent me that message, and hoped I would excuse him, and would give him a trifle, for he was a good deal in distress: I told him I would get change for half a guinea; and I went and brought up a pot of beer and a constable, and took him.

What did you charge him with? - With stealing a pair of sheets when he came to my house: the constable took him to some prison, I know not where.

ELIZABETH LAMB sworn.

I am a glover, and live in Crown-court, Purple-lane, No. 2: Mrs. Leatham lives at No. 3. I was at my own window, and saw the prisoner go to Mrs. Leatham on Friday the third of December, between three and four in the afternoon, very nigh four; I cannot say I saw him go in, because her house is on a turn; I am sure as to the hour; he went by with nothing but a stick, and came back again with a bundle of soul linen under his arm, in the course of a quarter of an hour; I look upon it that one sheet was tied up in the other, and he carried it outside of his coat: I saw no more of him: I am sure as to the man, because I had seen him at Mr. Leatham's before.

Are you sure that when he went by first he had no bundle, and when he came back he had a bundle? - Yes, I am: my house is the next door.

Are you sure as to the time? - I am certain that is the day and time.

Prisoner. Did ever you see me before in that court? - I saw him just before that very morning.

Did ever I change a word with you in my life? - No: but on that morning, when you went by, you had a red bundle, but you had none when you came back.

PHEBE BATES sworn.

I was at Mrs. Lamb's house, and I saw the prisoner go by just before four o'clock. I live at No. 8. I had seen him go out with Mrs. Leatham in the morning, about twelve o'clock.

Are you sure as to his person? - Yes; I am sure he had nothing but a stick in his hand, and I saw him turn to Mrs. Leatham's house; it is a little passage; and he went to the passage, and could go no where else, for it is no thoroughfare.

MARY KEYS sworn.

I live at No. 7, Crown-court. Last Friday week about four o'clock I was standing at my window washing, and I saw Manley, the prisoner, turn down Mrs. Leatham's alley, which is a little passage which turns out of the court: he had nothing under his arm when he went by; his returning again I did not see: I am positive to the man.

MATTHEW BILBY sworn.

I am the headborough of St. Luke's parish. On the 3d of December the prisoner and the prosecutrix came to me about one o'clock, in order to serve a warrant upon one Ellis; with that we proceeded all over Black Friars-bridge: he told me he would shew me the man, and likewise where he lived, and desired me not to let the man know he was any ways connected with it; we proceeded to George-street, and there the prisoner that I had a warrant against was at work, or going as a paviours labourer; he then left me; this was about

one or two o'clock; I took my prisoner; and he begged of me that I would go to his master that he worked for, in order to settle; with this he delayed us till about four o'clock, and Mrs. Leatham was with us all this time; and I am certain that is the man that shewed me the prisoner.

MARY POWEL sworn.

I live at No 5, Crown-court. On Friday, the 3d of December, the prisoner at the bar came to Mrs. Leatham's about twelve o'clock, to inform her of the man who robbed her; Mrs. Leatham called, and desired me to take care of her children; I directly put the key into the door, and locked it, and put the key in my own possession; about three o'clock I had occasion to go into Mrs. Leatham's room, and brought out what I went for, and left every thing safe at three o'clock; about four, or ten minutes after, my little niece, that lives with Mrs. Leatham, told me that her room was stripped, and her bed clothes all gone, the drawers all open, and every thing in great confusion: I know nothing else.

Prisoner. Did not we leave you in the house? - No; I locked it up.

GEORGE WICH sworn.

I am a constable of St. Andrew's parish: I was sent for last Sunday week, about a quarter before two, to Purple-lane. I apprehended the man: I told the prisoner I had got a warrant against him concerning a robbery at Mrs. Leatham's; Oh! says he, I do not mind that, I was afraid it was something else; he said, there was no one saw him go into the house or come out of the house, and so there is no one can hurt me, I am sure: he said, he would go with me very quietly, which he did.

Prisoner. I never said that no one saw me come out of the house or come in.

Wich. I am certain he said it.

Court to Mrs. Leatham. You never found your sheets again? - No, never.

You left them on your bed safe that day? - Yes; that morning.

Whose property are these? - They are my husband's property.

Witness for the prisoner.

ELIZABETH MALLARD sworn.

My husband works at an iron foundery; his name is Francis Mallard ; he works at Messrs. Ingman and Gifford's, down at Back Hill. The prisoner came to my house last Friday was a week, about twelve, and he went away, and came again about four, as nigh as I can guess, and staid rather better than ten minutes; he left a bundle with me on Friday night, and I saw him no more till Sunday.

What was in that bundle? - There was an old huckaback table cloth, and a little bag, and a red handkerchief, and I believe a pair of stockings; I untied the bundle to wash the handkerchief.

GUILTY .

Transported for seven years .

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

Reference Number: t17901208-48

48. WILLIAM WILLIAMS was indicted for feloniously stealing, on the 9th of November , two pewter pint pots, value 1 s. and a half pint pewter pot, value 4 d. the goods of - Kiley .

- KILEY sworn.

I keep the Carpenters Arms, the corner of Howland-street, in John's-street . On the 9th of November, in the evening, the prisoner Williams come to my house, and called for a pint of porter: he had been a watchman in our neighbourhood, and hath been in the India-house; I have known him this four or five years: it was about nine o'clock when he came in the evening; he had a pint of porter, and pretended he was asleep in the tap-room, and about ten o'clock he paid for his beer, and went out of the house; we were very busy that evening; and he was suspected, as we had lost a good many pots the week or two

he had used the house; I followed him out of doors, but missed of him; but coming home I met him; I heard the pots rattle as he came along, and I called the watchman, and took him into custody, into my own house, and I ordered the watchman to search him; we found two pint pots, a bar cyphered pot, and another pot, and a half pint pot, with my own name upon them, and the name of my house.

Are you sure that these pots were in the tap-room before he went out of the house? - I am certain of it.

And they were the only ones that you missed when he went away? - Yes, at that time; I have no doubt of their being my pots.

SAMUEL SMITH sworn.

I am a watchman of the parish. I took two pewter pint pots, and an half pint pot from out of the prisoner's pocket, in the presence of the last witness; I put my mark on them at the justices, and gave them to Whitewall, the watch-house-keeper, from whom I have fetched them to day; when I came from the justice's the next day I went afterwards to his lodgings, and found several more different peoples pots.

- WHITEWALL sworn.

I am the watch-house-keeper. The watchman, Smith, gave me these pots, and has brought them here to day.

(The pots deposed to.)

GUILTY , (Aged 54.)

Fined 1 s. and imprisoned six months .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17901208-49

49. WILLIAM BREWER was indicted for feloniously stealing, on the 20th of November , a piece of silver coin, called a crown, four half crowns, and seven shillings in money numbered , the monies of George Careless .

GEORGE CARELESS sworn.

On the 20th of November I laid three guineas worth of silver into a bason, in my closet. I live at the Cheshire Cheese, in Angel-street . There was put by a crown piece, eight half crowns, and the rest in shillings and sixpences: they laid there about two o'clock; I had the crown out, and shewed it to several people in the kitchen: when six o'clock came I went to get change, and missed the crown piece, and with that I looked into the bason, and saw the silver looked very little, and took it up, and found it to be no more that two pounds-worth; I found there was gone a crown piece, four half crowns, and eight shillings; I did not know whom to charge it to; I had no one in my kitchen but my servant maid and this drummer, who was ballotted on me; I directly takes the servant maid up stairs, and had every thing searched, and found nothing. I takes my candle up and searched the drummer's room, and I clapped my hand into his grenadier's cap, and there I found my property; I left it there, and sent for Mr. Townsend, and we examined him in my club room; I asked him what property he had got of his own in his room? he said, no property there, excepting some silver, which he said was a four and sixpenny piece, and some half crowns, and some shillings; with that we went up stairs together with Mr. Townsend, and as soon as ever he was in the room, he fell-down on his knees, and said, the money was my property.

Was any thing said to him, to induce him thus to confess? - He owned it before Townsend had searched one thing: I had not time to speak to him.

Was this closet locked, or how was it fastened? - It was shut, but not fastened.

- TOWNSEND sworn.

On the 20th of November Mr. Careless sent for me, and told me the story, and I went to the lad, and desired him to be called into the club room: when I asked him what silver of his own was up stairs, he

said he had a four and six-penny piece, &c. in his cap; I then took him up stairs, and when I had taken the money from his cap, and told him I should take him into custody, and to Bow-street, he said it was was the first time, and he hoped Mr. Careless would pardon him.

Prisoner. They asked me to tell them about it.

GUILTY , Aged 16.

Transported for seven years .

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

Reference Number: t17901208-50

50. HENRY WOOD was indicted for feloniously stealing, on the 8th of November last, an handsaw, value 5 s. and a pannel saw, value 10 d. the goods of Isaac Mead .

WILLIAM HORSEFIELD sworn.

I am a builder, I live in Berner-street; on Saturday the 8th of November, on Monday morning the men were at work at a building in Upper Newman-street ; soon after I had unlocked the door at six o'clock, they returned to me and said they could not go to work, their tools were stolen; on the 23d of the same month, it was a little past seven in the evening, I was going to lock up the door, and after I had locked it, I staid a little time, and I heard a noise in the area, goes forward, and sees a man in the area, with some saws in his hand; I immediately jumped into the area to the man, and lays hold of him, with some tools on him; he made some struggle to get away. I told him he might depend on it I should not quit him; he had these things in his hand together, we got out of the area together, I took him to the public-house nigh, and I said to him, I believe you are the villain that stole the tools about a fortnight or three weeks ago; he immediately made answer and said, I am; then said I, you have them about you, or have the duplicates; he immediately put his hand in his pocket, and produced thirty-nine duplicates; I asked him if these were all stolen tools, and he said they were.

Had you promised him any thing to confess? - I did not; I took him to the Rotation-office, and there I was bound over to prosecute, but not with these men, I have none of the duplicates in my possession except three; these goods of Mr. Mead's were traced by himself.

What became of that duplicate that applied to Mr. Mead's saw? - I have it now.

JOHN HOVACK sworn.

I am apprentice to Mr. Edward Wooding, a pawnbroker, I am pretty sure the prisoner is the man I took in this saw from; I lent two shillings on it, Rhode and another came and asked me if we had any goods in the name of Henry Wood , (the duplicate produced) I have not the least doubt but he is the man.

JOHN RHODES sworn.

I work for Mr. Horsefield, I received a duplicate of him, and I took it down to Mr. Wooding's, the pawnbroker's, and a saw was produced.

(The saw deposed to by Isaac Mead .)

The prisoner called four witnesses to his character.

GUILTY .

Transported for seven years .

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

Reference Number: t17901208-51

51. DOROTHY GREEN was indicted for feloniously stealing, on the 18th of November , one stock bed, value 4 s. a woollen blanket, value 10 d. two pieces of woollen coverlid, value 6 d. the goods of Thomas White .

ANN WHITE sworn.

I am wife of Thomas White , he is at sea: The prisoner came to take an empty

room of me on the 18th of November, I was very loth to let it her, but she prevailed on me till I did let it, and I asked her what she had got to bring into this room; she told me she had nothing, she said she lay on the bare boards; I told her there was a bed in the room adjoining that, which she took, where a single man lay on, who was gone into the shop, and I gave her liberty to lay on it two or three nights; about seven o'clock in the evening I was gone to bed, I thought I heard a rumbling noise, and could not tell what it was; I got out of bed, and slipt on my under petticoat, and went up stairs, and she was gone down stairs, and the bed was gone; I went down and alarmed the rest of the people in the house; we went to the place where she was come away from that day, I came back again, and carried the watch with me, and I went up stairs and found her rolling these two pieces of carpet in the room; the watchman has got them here.

Are you sure that the bed was safe that night? - Yes, I am.

Did you ever find the bed? - No, never.

Had you let this bed to that woman? - I had given her leave to lay on it; she was to pay me nothing for it.

Did you know this woman before? - No.

What is she? - She cries things about the street, oysters; she has lived about Shadwell some years.

JOHN SCOTT sworn.

I am one of the nightly watch; I was called in at eight o'clock at night to take charge of the prisoner, I found these things wrapped up, I asked her what she was going to do with them; nothing, she said, I only took them up to shew you that there was no bed but what these bit of things make that are here; I saw nothing of the bed.

(The things produced and deposed to.)

PRISONER's DEFENCE.

I was going to bed, I had just come in from some oysters; she told me I had better lay on this bedstead than on the floor; I never stole three pennyworth out of the room yet; I am a married woman, my husband is a coal heaver, he was pressed about six years ago; I have two children out of seven, she desired me to lay on the bedstead, and gave me these two things to cover me.

Court. Have you any witnesses? - They were here yesterday.

GUILTY .

Fined 1 s. and imprisoned six months .

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

Reference Number: t17901208-52

52. WILLIAM HUTTON was indicted for obtaining a pair of shoes, value 4 s. the goods of Joseph Bond .

JOSEPH BOND sworn.

I am a shoemaker ; the prisoner came to my house on Saturday the 4th of December instant, I do not exactly recollect the time; he has been in the habit of bringing these notes for a considerable time from Mr. Powell; I know Mr. Powell exceedingly well, he was a customer of mine.

Had Mr. Powell evers ent you any of these notes as a customer? - Yes, and by the prisoner; he came and said, a note from Mr. Powell, Mr. Bond, and delivered me this note; I received the note from his hands, (produced) in consequence of which I delivered to him one pair of men's shoes; I understood he came from Mr. William Powel , the master of Aldersgate-street workhouse, as he had done before.

Mr. POWEL sworn.

I am master of Aldersgate Poor-house, (The note shewn to him, and deposed that it was not his hand-writing.) I never suffered any one to write in my name to Mr. Bond at all.

Did you give any authority to the prisoner at the bar to get a pair of shoes from Mr. Bond at the time? - No, I did not.

JOHN KING sworn.

I am an officer; I was applied to by the prosecutor to apprehend the prisoner at the bar; I took him last Monday night, I found nothing on him; he confessed at Justice Triquet's that he had pawned several pair of shoes.

(A pair of shoes produced and deposed to by Mr. Bond, as having come from his shop, but not positively that they were had under this note.)

MATHEW BILBY sworn.

I am the county officer; I went to the prisoner's house in Hatfield-street, about half past eleven, searched the house, and found nothing in the room at all, nor any duplicates; I took him off to the Horseshoe, I desired Mr. King to go to the prosecutor, to see if he was the man; he came in, I desired him not to point out the man at all; Mr. Bond came and said that was the man, he stiffly denied any thing; the next day he then confessed what he had done, and gave a list where he had pledged these shoes at different times.

Court to Joseph Bond . This man was a pauper in Aldersgate workhouse? - He was.

Has this man had any shoes of you by notes, which Mr. Powel knew off? - Yes, one pair.

How came you to let him have these shoes on account of Mr. Powell? - I had not the smallest suspicion, I did not examine the notes, but since I have, and I cannot say they are exactly alike.

CHARLES SMITH sworn.

I know Mr. Powel's hand-writing; this note is very much different from his handwriting.

PRISONER's DEFENCE.

That gentleman told me in prison, that if I would let him know whether it was me that did it, that it should go more favourable on my side, and they would shew me mercy.

GUILTY .

Whipped and imprisoned six months .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17901208-53

53. JOHN CULL was indicted, for that he, on the first of June last, with force and arms, at the parish of Minstead, in the county of Southampton , on John How , one of his Majesty's officers, in the peace of God and our Lord the King then and there being, unlawfully and violently did make an assault, and him the said John How , then being on shore, in the due execution of his duty, as such officer, did unlawfully and forcibly hinder, oppose and obstruct, against the form of the statute, and against the King's peace .

A second count, for unlawfully making an assault on the said John How , being one of the officers in the service of the Customs of our Lord the King, and on shore, in the due execution of such duty, as such officer, against the form of the statute, and against the King's peace.

A third count, for that he, on the same day, and at the same parish, unlawfully

did hinder, oppose, and obstruct the said John How , then and there being one of such officers of the Customs of our Lord the King, and then and there on shore, in the due execution of his duty as such officer, against the form of the statute, and against the King's peace.

The indictment opened by Mr. Litchfield, and the case by Mr. Attorney General.

JOHN HOW sworn.

What are you? an officer of the Customs? - Yes, I am Riding Surveyor of the Customs at Lymington.

Tell us whether on the first of June last, you made any seizure? - Yes, I did, on the first of June last, near Stoney Cross; I seized a horse and cart loaden with spirits, John Witcher and William Curtis were in it, I was then proceeding on my way to Lyndhurst, in order to secure it there that night, and about half an hour after I got to Minstead, Cull the prisoner ran out and joined the other two men, and had some conversation with them two, I did not know the nature of the road, I enquired, and a woman had directed me; Cull immediately came up and said, you are going wrong, and wished me to go some other way; I told him I did not want his assistance, and should follow the woman's directions; I told him he had no business to follow me, and insisted he should not; he then began to abuse me, and said, he had as much business on the road as I had; I then insisted he should keep at a much greater distance, for I did not like his appearance at all; soon after that he returned to Witcher and Curtis, and they had some conversation together at a distance; and in about ten minutes after that, they came out of a wood opposite to the cart I was driving, and one of them pulled me off my horse, I cannot say which, nor which of them beat me; it was in that violent manner, I cannot say; but they took a pistol out of my pocket, and while I was laying in that manner, Cull says, d - n him, shoot him; he then immediately after that ran to the cart and horse, and turned it about, and began driving it to Stoney Cross, which I had seized; and a woman about a hundred yards off, where they beat me, ran out and cried, and ran for her husband; and when she returned with her husband, they were gone; one of them took away my horse, and bridle, and saddle, and my pistol, but I cannot say which of them it was; the horse was brought to me the next day, but the saddle and bridle I never got again; my arm was dislocated at my elbow, and very much cut, and dreadful bad it was for a month, and I never shall have much strength in it.

Was Cull there at the time? - Cull was the most active man, they were all three together, I saw them together as I was down, and they were beating me.

Mr. Knowlys, Prisoner's Counsel. You had first seized a cart and horse? - Yes.

When you first seized it the prisoner was not by? - He was not.

You saw the prisoner come out from a farm yard? - Yes, I did.

He did not make his appearance to you, till you was in conversation with a woman? - He did not come near till then.

You told him, I suppose, rather huffishly, that you did not want his directions? - I told him, friend, you can have no business here, I am convinced, and therefore you had better go about your business.

Upon which he replied, that he had as much business on the road as you had? - He did.

He certainly was not the man that pulled you off your horse? - No, he certainly was not.

You cannot say which of them it was that beat you? - No, I cannot.

Was you at all stunned with the fall from your horse? - They pulled me from my horse.

Did you fall to the ground in consequence of that pulling? - Of course.

I take it you was a little alarmed? - Of course.

What time of the day was it? - About half after six in the evening of the 1st of June.

Mr. Knowlys addressed the Jury on the part of the prisoner.

A certificate from Henry Penton , Esq; was read, declaring the prisoner was a very inoffensive man.

GUILTY .

To be confined to hard labour on the river Thames for two years .

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

Reference Number: t17901208-54

ON Monday morning, the 13th of December, 1790, at ten o'Clock, RHYNWICK, otherwise RENWICK WILLIAMS, was brought from Newgate to the new Sessions-house on Clerkenwell-green, to take his trial for several assaults

committed on the Miss Porters and others; being set to the bar, the chairman addressed him as follows:

Have you any counsel, prisoner?

Mr. Swift. Sir, I am counsel for him.

Do you know, prisoner, that you have a right to put off your trial till the next session, if you chuse it?

Mr. Swift. Sir, he would rather meet his fate at once, and know it; he has a clear and most indisputable alibi; but there has been such strange swearing; and as the former alibi was not credited, I am decidedly of opinion that no one witness shall be called; not that I am afraid to call them.

Chairman. I could wish not one single word should be said of any former trial till this time.

Prisoner. Mr. Chairman, and gentlemen of the jury -

Court. If you are going at all to open your case, it is improper what you seem to be about; if you have any thing to say with respect to your trial going on, or not going on, this is the proper time; but every other circumstance will come more properly when you come to make your defence.

Mr. Swift. I should conceive you would not object to any thing he may be going to say.

Prisoner. The prejudice of the times being somewhat abated, I look round to those who are to protect my innocence, with more confidence of impartiality than I formerly experienced in another place. I trust they will this day restore me to society: the same Almighty being who has so recently chastized me, will, I trust, not always extend his rod, but will this day defend me from my enemies; relying not more on your justice than on your humanity, I at once plead not guilty; for should I plead guilty for the sake of form, a mistaken world might be apt to think I actually am guilty, not knowing the reasons and motives that might induce me so to do: I said I would plead guilty; but I have since determined not to confess guilt under those circumstances, though by so doing I should avoid much perjury from my prosecutors. Sir, your deep penetration, will, I trust, pierce the veil with which my accusers have endeavoured to conceal the truth from your sight; and your well-known candor and impartiality will not suffer falshood to triumph over truth and innocence. You sit there not clothed in the terrors of an angry and sanguinary judge, but with that mildness of humanity with which you always smile at innocence. In your hands I feel myself safe, and I look up to you with conscious hope for support, in the whole of this trial: yours is the voice of justice, because it is the voice also of humanity: to talk to you of prejudice were an insult, not more to your justice than to your understanding. That I have suffered from prejudice, is certain; but I forgive my prosecutrix, and esteem the former jury for the very verdict they gave me, because they gave it as they believed it: in the same manner I shall respect yours, let it be what it may: I am confident that no other than truth will prevail: if you think me guilty, in the name of God pronounce me that very monster that my soul abhors, and from whose savage hands, I would this moment, at the risk of my life, rescue the very woman who has so barbarously pursued me: to your verdict I submit without a murmur; and should you think me guilty, let the pains of the law be what they may, I shall continue to trust in Almighty God, to enable me to support those sufferings with the fortitude of a man. Once more, Sir, I address myself to you: neither my poverty, my distresses, nor my long confinement, save me from the obloquy of those, whose purses have long been open to criminate me at all events; you, Sir, are neither a severe nor unjust judge; and though I have suffered one conviction, trusting to your mildness and to your candour, I submit to take my trial.

Jury.

T. Lingham , foreman

William Robinson

William Curtis

William Collings

Robert Scott

Golden Cock

William Allen

Richard Trotter

John Pulteney

Francis Wilk

Jarvis Buck

Rowland Thomas .

Counsel for the prosecution.

Mr. Pigott

Mr. Fielding

Mr. Shepherd.

Counsel for the prisoner.

Mr. Swift.

(The witnesses examined separate, at the request of Mr. Swift, counsel for the defendant.)

The prisoner was indicted by the name of RENWICK WILLIAMS, late of the parish of St. James , otherwise called RHYNWICK , for that he being a person of a wicked and cruel disposition, did, on the 18th of January last, make an assault on Ann Porter , spinster , and did then and there with force and arms, maliciously beat, wound, and ill-treat her, with wicked intention, feloniously, wilfully, and of his malice aforethought, to kill and murder her; and that he did then and there, with a certain knife, maliciously cut, strike, and wound her, giving her by such cutting, striking, and wounding, with the knife aforesaid, a dangerous wound in and on the right thigh of her, the said Ann, of the length of nine inches, and the depth of four inches, by means of which she was in great pain and anguish, and lost a great quantity of blood, and was in great danger of losing her life .

A second Count, charging him, for that he, on the 18th of January, in the parish aforesaid, did maliciously make an assault on Ann Porter , and then and there with a certain knife, maliciously did strike, cut, and wound her, giving her by such striking, cutting, and wounding, with the knife aforesaid, a dangerous wound on her right thigh, of the length of nine inches, and the depth of four inches, by means whereof, &c.

A third Count, charging him on the 18th of January, for that he with force and arms did maliciously make an assault on her, and then and there did maliciously beat and bruise her, so that her life was despaired of.

The indictment opened by Mr. Shepherd, and the case by Mr. Pigott, as follows -

Gentlemen of the Jury. You have probably many of you, perhaps all of you, been so frequently called upon to assist in the administration of the justice of your country in that important character, in which you are now invested, that it would be very unnecessary for me to attempt to give you any description of that offence which the law in the technical language it is accustomed to use, has denominated an assault and battery; you know very well the nature of that offence; you know in general to what you are to apply the evidence you hear when such an offence is opened. Gentlemen, if this description of the prisoner's offence would convey to your minds any adequate idea of it, it would be very unnecessary either for me, or for any person Counsel against the prisoner charged with an offence like this, to give you any very laboured or detailed description of it, undoubtedly it would; but Gentlemen, such is the state of the law in this country, (tho' I am sure you will presently see, on the smallest consideration, it is no reproach to that law,) that that very peculiar, and very extraordinary crime, unprecedented as it is, and which I hope will furnish no example to others, that extraordinary crime which it is my duty to day to open to you, those who prosecute are reduced to the necessity of prosecuting it as an assault and battery only. Gentlemen, the business of legislation in making laws by which the peace and welfare of society are to be secured, is the effort of civil wisdom, founded on common experience; the legislators are not speculatists on crimes, legislators are not speculatists on the human heart, they cannot foresee all the miserable courses of depravity, which it will take, they must therefore proceed according to experience and to civil wisdom; they must provide for such crimes as that experience shews to have been committed; we are perfectly familiar, therefore, with those crimes by which the high roads are infested, and with those lesser depredations

in the streets; those also, by which peaceable citizens are disturbed in their dwellings in the night, and so of all the various descriptions of crimes, with which Courts of justice are unfortunately too familiar, with these you are well acquainted; but with a crime of the description, that I am to have the misfortune to state to you to day, no human legislature, no man who had in his power at any time heretofore the task of forming a rule for the conduct of his fellow citizens, could possibly be acquainted, and it therefore stands unprovided for, as it ought to be, but not as I hope it will be, according to your verdict, and the sentence of this Court; and as the most humane mind will think it ought to be, by that punishment which ought to follow for such a crime, of such a nature; a crime, Gentlemen, baffling all human speculation, confounding all the chronicles of this Court, and similar Courts, in all ages of the world. Gentlemen, it is yet however true, that this crime has been committed; and if in looking for a motive for it, if in searching for any possible inducement, you should find that search defeated, I am sure you have too much experience yet to doubt the fact, which will be proved to you beyond the possibility of a cavil. Gentlemen, if we were upon no occasion to believe a fact, the motive of which we cannot discern; if we were to turn the want of motive into an argument of disbelief of the fact; God knows we should be (I will not say every day) but we should be frequently the dupes of our incredulity; and because we do not discover by referring either to our own minds, or to the principles of justice, any impulse by which the person charged with the imputation of this crime, could have acted; it would be singular indeed, if the want of that motive, and the impossibility to discover that impulse, should operate on our minds as a doubt of the fact. Gentlemen, it would be an affectation, perfectly useless, to attempt to hide from you the transactions which were imputed to the prisoner; and which no doubt have been from time to time the subject of much publication, and much conversation. Gentlemen, upon the person, whoever he was, who perpetrated those crimes, and who was the hero of those exploits, the publick have stamped an application that propriety has justified by the strictest use of language; the greatest master in the language, which this country ever possessed, having defined that application, by which the perpetrator of these crimes has been distinguished, to be

"any thing

"out of the ordinary course of nature," that is Doctor Johnson's description of a Monster. Gentlemen, having said this, if the prisoner at the bar had not anticipated me, I should have anticipated him, in requesting that you will efface from your minds all recollection of every syllable you have read and heard about that Monster; that you will not recollect, you have ever heard of his name before; that you will not recollect any one of his transactions; that you will totally blot from your memory any conversation in which you have borne a share, or at which you may have been present, in which he, or his transactions may have been the subject: Gentlemen, if it was necessary so to do to men of your experience, I should conjure you to do so, not to believe the prisoner is the man, until you have it established in a Court of justice; not to apply that epithet till you know he is the man. Gentlemen, God knows the object of those, who have with a publick spirit, of which it were desirable that there were more examples, undertaken this prosecution; and their object would not be obtained, if it were possible that even the prisoner at the bar, whom I charge to have been so forgetful to every right of humanity, should owe his conviction to the smallest degree of popular prejudice: I deprecate it as much as he does; and I declare to you, if there be a man in Court, so ignorant of that Gentleman, to whom the publick is so much indebted for this prosecution, and for bringing the perpetrator of this crime to justice, and so ignorant of those, unworthy as they may be, to whom he has committed the conduct of this prosecution, as to suppose it wants the assistance of popular

prejudice, they are indeed under a great mistake; for neither he nor I, nor any body having any thing to do with this prosecution, would thank a Court or Jury for any verdict that stands on no better foundation than popular prejudice: I ask you therefore, to dispossess it from your minds, if it were capable of making any effect; and to hear the evidence; to listen to it calmly and dispassionately, and to disbelieve it if you can; I ask you to hear what he says in answer to it, and then to hear what shall be replied to that answer, and to do your duty to the publick; that is all I ask at your hands. I must however take the liberty to remind you, that it would be a most melancholy circumstance for the publick justice of the country, if after a criminal has committed crimes of the description which I shall here lay before you, because he is capable of adding one vice more to those which he possessed, namely, that of cant and hypocrisy; because he is capable of coming into a Court of Justice, and presuming to call his maker to witness his innocence, and address a Jury as he has just done in your presence, and will, no doubt do again, on the nature and extent of his sufferings, that he is to mock publick justice, and go out of Court in a situation to do this, which he has already done; or that because he has the effrontery to set up an Alibi, you are of course to believe it. Gentlemen, I am speaking to men of the world; these are tricks which have been played before, they have not the merit of novelty, and I am sure they will not have any improper effect, though they have before been practised by other persons, in other places. Gentlemen, I shall state to you the facts upon which this prosecution is founded. Gentlemen, Mr. Porter has a wife and a large and fine family, as you will presently see, for you will this day be acquainted with many of them; he lives in St. James's street, the left hand side of the street, going from St. James's Palace into Piccadilly: Gentlemen, he keeps a Hotel in that street; as respectable a one (if that were the question to day) as I undertake to demonstrate, as any in London; he has a large family; he has four daughters who are young women grown up. Gentlemen, Mr. Porter is not in such opulent circumstances, as to enable him to box up any part of his family, who have occasion to go out for their business or amusement, in a coach; they therefore walk, sometimes with Gentlemen, sometimes without: it happened, Gentlemen, that for some considerable space of time, the exact space of which will not be material here; some time before the 18th of January, 1789, when the fact which is charged on the prisoner happened, that in the course of the walk of these young ladies, the prisoner accosted them in a manner of which there is no example: Gentlemen, young women that are in the street, undoubtedly, in such a metropolis as this is, are not acquainted with the manners of a savage; the address of the prisoner at the bar was totally the reverse of all that ever they had heard; I shall undoubtedly forbear to desire young women to pollute their mouths with the repetition of that language which issued from him, but it was the most horrid, and the least sufferable to human ears: Gentlemen, the two eldest had most frequently walked out together, he had therefore most frequently accosted them in this manner, and that in the broad day, and not at night, in the publick streets, in publick places: Gentlemen, what were young women to do? he did not commit an assault upon them, on those occasions: he did not strike them; he approached them in a manner of which there is no example, and such as I have given you some faint idea of; they mentioned it at home, the manner, the frequency, the time of the day when the prisoner accosted them in this manner, gave them the fullest opportunity of being acquainted with his person; and I state to you now, that these young ladies were as familiar with his person, as with that of their father, they did not know Mr. Porter's person better than they knew that of the prisoner: Gentlemen, figure to yourselves, young ladies, such as these whom you will presently see, and whether there is any thing in this, calculated to make an impression, whether it islike a gentleman passing a young lady, taking off his hat and asking how far she was going, or so on; that kind of civility does not lead a young woman particularly to retreat, is it that kind of thing: No; it is a man's acosting them in a shivering sort of voice, expressing some thing that is unintelligible, and when he speaks, speaks a most horrid language to them, talks of drowning them in their blood, and of blasting their eyes; are those circumstances to make impressions upon young women, or are they not? Are they likely to know the person of the man that does this, and is all this in the open day, when they are subject to no mistake whatever, when they turn round and look at him? Why, good God! have you any doubt that person to whom such an extraordinary transaction happens, and happens more than once, happens repeatedly! have you any doubt but they know, and are perfectly acquainted with the person of the man that does this: Gentlemen, there can be no doubt; and it will not avail the prisoner to say, either that the person who did all this, was him, but that he was not the person that committed the fact, in which the crime principally consists; or that he was not the person guilty of any of the transactions: Now Gentlemen, the effect this had on these ladies minds, and in the family, was such, that he had by them a name given to him, (not that which the publick has since with one voice unanimously given to him) he was called the Wretch; that was the name they described him by, and I dare say, they will tell you, that if they had the pleasure of being acquainted with any one of you, and saw you passing on the other side of the street, they could not have conveyed a more correct idea to the family, that an acquaintance was passing, if they had seen you there, than they described the prisoner, when they said in the family, there is the Wretch; or when they related any of his ill behaviour in the street to them; that is the Wretch! so that they had the person of the man, perfectly familiar to them, and the name applying to that person. Gentlemen, on the 18th of January, these young ladies, the two eldest, Miss Ann and Miss Sarah Porter , went into the gallery of the ball-room, at St. James's, as perhaps they had done before, in order to see the ball, &c. (Here the learned Counsel minutely related the circumstances of the case, as were after repeated by the Miss Porters and the other witnesses, declaring that he had not words to express the dreadful injury, the shocking barbarity, the brutality, the ferocity of the prisoner, who in total want of all morality, of all humanity, and of all the claims of manhood, had made this attack on the person of Miss Porter. On the point of identity, Mr. Pigott observed)

"If those circumstances

"leave reasonable doubts about identity, there

"is an end of human testimony; no man can

"be identified, that one does not live with,

"and eat and drink with, and see all day:

"Gentlemen, this is the outline of the case

"I shall have to lay before you; I shall not

"anticipate the nature of the prisoner's defence.

"Gentlemen, in the discharge of the

"duty, which is now upon you, you have

"this satisfaction, that whereas, in other

"cases, though the law will have sacrifice,

"yet undoubtedly, your hearts often bleed

"over the victims that we are obliged to

"drag to the altar of justice; but in the present

"case, all the sensibilities of a good

"mind must have the contrary effect here;

"we know that the consequence will be,

"that this man will be prevented from doing

"such mischief for a time at least, and

"we are to hope, that he will be disposed

"of, after he has suffered the sentence of

"the law; he has had the benefit of that

"law already; the venerable Judges, who

"administer and interpret it, have been of

"opinion, that even against him, when

"they had in contemplation such a crime

"as his, that the spirit and letter of a statute

"is not to be stretched an iota, even in

"his case: Therefore, Gentlemen, here

"we are before you, on an indictment of an

"assault and battery, and I am persuaded

"you will do in this case, between the publick

"and the prisoner, that justice which

"will give the most complete satisfaction."

Miss ANN PORTER sworn.

(Examined by Mr. Fielding.)

Every man here, Miss Porter, must feel for your situation; and let me desire you to be collected, and to put on the fortitude that is necessary for the end of public justice, and do not suffer yourself to be overcome by any alarm.

Miss Ann Porter then gave her evidence to the same effect as on the former trial, only mentioning several other times, in which the prisoner had previously insulted her and her sister; one of the jury asking, whether the language he had used was indecent or threatening? Mr. Fielding said, Madam, if you happen to know that sort of language, was it swearing, threatening, or indecent? To which she replied it was all; when she had finished, Mr. Fielding said,

"Miss Porter, now only let me desire you not to be alarmed but collected; recollect the object of public justice, which alone you pursue; and any questions that are put to you by the gentleman concerned for the prisoner, answer them coolly."

Mr. Swift. Whatever opinions have gone abroad of me, I can only say no person has felt more for your situation than I have; I only wish to obtain the truth from you, and shall disappoint these gentlemen in their expectations.

You are sure it was not a quarter after twelve when you left the ball-room? - I am sure it was not.

Was not you much agitated when you felt the blow? - However agitated I might have been, I should have known the prisoner.

Mr. Swift dwelt very much on the circumstance of some lamps, which were obstructed by two bow windows, which might prevent her from seeing the prisoner's person; to which she said, there was a sufficiency of light to see, and she was sure it was him. Miss Porter being just ready to faint at the manner of Mr. Swift's putting his questions, he was reminded by the Chairman, that the mode he adopted was not the most likely to get at truth; upon which he apologized and said, it was only his impetuous manner, and he would endeavour to be more temperate.

When you got home, after all the abuse you had met with in the various walks; whether you told your friends of that conversation? - I do not know what you mean by the various walks, I always told my friends when I went home; my situation always betrayed what I had met with.

When the prisoner came into the room, had you, and your sister, and Coleman any whisper in the corner? - Whisper! no; why should we? we had no occasion to whisper.

Whether the lady did not say at Bow-street, the prisoner had brown hair? - I always said, I thought he had brown hair, but whether light or dark I could not say, because it was always powdered.

Did not you describe him with a remarkable large nose, and very thin? - I said he was by no means a very thin, slim man; for he rather was stout made; I described him in the best manner I could he appeared to me to be about twenty-eight or thirty.

Mr. Fielding. I forgot to ask a question of infinite importance to the public, and I ask it by way of introducing hereafter, the most respectable testimony that ever was introduced into a court of justice; I mean Mr. Angerstein; Have you ever received any reward for the evidence you have given? - Reward! Sir; my God.

You never had? - Never, Sir; Mr. Angerstein told me I was entitled to part of the reward; and I was surprised at the proposal, but I rejected it.

Mr. Swift. Had you directly or indirectly any interest through the medium of Mr. Coleman? - Interest! Sir; I wonder how you can ask me such a question; what connection have I with Mr. Coleman? good God, Sir, no.

M. Fielding. If any body should have said, that you have received fourteen hundred pounds on account of this; is it true or false? - The most infamous falsehood that any body can advance.

Miss SARAH PORTER sworn.

Gave her evidence to the same effect as on the former trial, and was perfectly sure to the person of the prisoner; she added that it was three years since she first saw him; she was cross-examined by Mr. Swift, at considerable length, which she supported with more spirit than her sister, but nothing more material transpired on her cross-examination. Of the language used, she said it was the most shocking and indecent, she ever heard; and that it was indecent, inhuman, and abusive; she gave an account of the blow he gave her, and had said he was in the extreme twenty-five, twenty-eight, or thirty years of age; but upon the question being repeated, she said, she did not recollect exactly what she said, but she never spoke positively about his age; she also said she never saw him before without powder.

Miss REBECCA and Miss MARTHA PORTER sworn.

Deposed also to the same effect as on the former trial, and were also cross-examined by Mr. Swift; they also never saw the prisoner without powder, and had seen the prisoner when he had not spoken to them before.

Mrs. NEALL sworn.

Who was not examined on the former trial, deposed to being with Miss Porters, and confirmed their testimony, but did not see the prisoner's face; as she was going up to Mr. Porter's door, she received a blow on the left side of her temple, which for a moment stunned her; she saw a light like a flash of fire from her eye; as soon as she recovered herself, she saw a man couching down, but did not see his face; she said there was plenty of light in the street, and every subscription house in the street was illuminated.

JOHN PORTER sworn.

Deposed that he was almost fifteen years of age, that he remembered opening the door to his sisters, and a man stood behind them looking in; he never saw him before, and could not swear to him.

Mr. TOMKINS, the Surgeon, sworn.

Described the wound given to Miss Porter, as in the former trial; and added, that he had been in many scenes of horror, but never saw any thing that affected him so much before; that the room was full of blood, and the poor girl laying like a dead corpse; he said that if he had been to have made an incision as a surgeon, he could not have made a clearer wound; the instrument must be very sharp; she had a fever, and was five or six weeks before she could walk.

John Coleman and Macmanus deposed to the same effect as on the former trial.

JOHN JULIUS ANGERSTEIN , Esq. sworn.

Subsequent to the last trial of the prisoner, some days, I sent for Mr. Porter, and told him there was a reward to be given of fifty pounds, on the monster's being committed, and fifty pounds more on his being convicted; and I thought his daughter being so accessary in the finding of him, that she was intitled to half; and Mr. Coleman was to have the other; the father thanked me, and gave me no answer; he brought his daughter the next morning, I repeated to her as I did to the father, told her that I thought she was intitled to fifty pounds, as the reward, in being so accessary in taking of Williams; she thanked me, and refused the money, and said she would not touch a farthing of it, on any consideration whatever; the father then said, Sir, I approve of my daughter's conduct.

Sir, in point of fact, they have, neither this man, nor any part of the family, either directly, or indirectly, had any part of it? - If the contrary has been asserted, it is a mistake.

Mr. Swift. Has Mr. Coleman had any share in it? - Yes; I sent to Mr. Coleman some days after, and told him I had made an offer of half to Miss Porter, and that he was intitled to fifty pounds; he desired some days to consider of it; and some days after

I gave him an order on Mr. Taylor to pay the 50 l to him; I believe he sent somebody for it; I believe I gave an order to Mr. Taylor, who collected the subscription; it amounted to 135 guineas; this family neither directly nor indirectly have touched a shilling.

Mr. Swift then began the Prisoner's Defence, as follows:

Gentlemen of the Jury. I never felt myself in a more aukward situation in my life than I do at this moment; not that I have a bad case to defend, for I think that I have an exceeding good one; but the difficulty I have to contend with is, with gentlemen of great abilities, so great, that I cannot add to them by any praises of mine; I feel my own deficiency; I have been bred to the profession, as you see, but very unhappily I am very much out of the habits of it; I shall therefore hope for some candour and allowance, if through the impetuosity of my temper, or any other cause, I should fall into a mistake: I have another circumstance to encounter; a popular idea has gone forth, but I trust it is very ill founded indeed, that I have an enmity to the sex, and that no man would take up the cause that had not; these are calumnies, however, that no man will venture to my face, and I am sure there is no woman that will: Gentlemen, the cause of beauty is that cause which every man must be proud to be engaged in; but, on the other side, on the closest investigation of the case, the more I examined into it the more innocent I found the man: as for the alibi, I assure you I set it at naught; not that I think that the witnesses are not to be called, but I advised them not to be called; however, I hope you will presently hear them, their testimony will be such which will sufficiently set aside the evidence against the prisoner: the learned Gentleman, whom I must follow at a very humble distance, and in the lowest of his train, he opened this matter, and appeared very much moved; he said he would this day establish the case beyond the possibility of a cavil: I am in the correction of the Court as to the expression, but I will not grant him that he has established it beyond the possibility of a most substantial contradiction; he has described this person, whoever he was, that committed this outrage, as a monster; and I do think that, when he joined his voice with that of the publick, he could not give it a more strong name; it is that sort of name which perhaps may be the strongest our language affords; I heartily join issue with the Gentleman that he also has very humanely and candidly desired you to withdraw your minds from all prejudice I think the prisoner very happy in so enlightened a jury, and I am sure that no circumstance of a former trial will weigh one single feather in the scale this day: Gentlemen, the learned counsel, Mr. Pigot (and I do not mean to impeach the principles, integrity, and virtue, of the worthy Gentleman), observed, that the character of Mr. Angerstein could not be impeached; now, although a man may mean extremely well, yet rewards of a very high and exorbitant nature are attended with a dangerous influence, and in the calendar of the country instances may be found of men who have not only trumpt up evidence to obtain rewards themselves, but to get it in others; I do not mean it is so this day; the legislators have fixed on rewards of a certain sum; and I must say, when a private individual steps out of that line which is constitutionally appointed on those occasions, however he may not err in his heart, he certainly errs in his judgement; the influence which rewards have, if it has not been employed on some part of the evidence you have heard to-day, has been received by others, and you will judge what credit you will give to that man, I mean Coleman: Gentlemen, I am very unused to publick speaking; I have been about this business all day; and if I am in a labyrinth, you will get me out: my learned friend, who first addressed you, called the address that the poor prisoner made to you cant and hypocrisy; he said it was nothing more than cant to call his Maker to his innocence, that it was a mockery of publick justice;

I presume not, and shall establish it to your satisfaction: the Gentleman has softened the expression, by calling it tricks that have been played before: he said they were a fine family, and that they are a fine family you have had a sufficient proof; the Gentleman should have left that to you; I know very well the power of beauty, I know very well its influence on the human heart; certain I am you are not men if it would not have an influence; they are a fine family; but because they are a fine family, justice must not lean all on one side: I shall now, Gentlemen, go into some part of the evidence; and I believe some of you have taken notes more correctly than I have: first, I must press on your memory the circumstantial and very strong declarations of the two first witnesses, and Mrs. Neale, with respect to the hour that they came out of the ballroom; that hour is the best part of my case; therefore I desire you will remember it was a quarter after eleven: Gentlemen, the only question for your consideration is, whether the person who committed this outrage was the man at the bar. Miss Sarah Porter tells you, that just as she passed, a chair was going by, and she felt at that instant a stroke from somebody, who I am very ready to admit was the person that wounded her sister; that they ran all together, and both described that the person, whoever he was, struck that woman, and stooped down; one knew him as he stooped down, and the other knew him as he stood up: Gentlemen, I shall call a witness to you, that shall prove to you, that there is literally a bow window on each side the door, which sufficiently intercept the lights: Gentlemen, your own reason, without my proving it, will tell you, that if there is an interception of light on the right and on the left, if a man stands with his back to the light, it is impossible the light can fall on his face; the only question is, whether, under all the circumstances of the case, this was the man who committed that outrage. Miss Sarah says she knew him by the lights in the passage; that she saw a man, and afterwards believed him to be the man; that I will not dispute; the brother, however, though he held the door in his hand, recollects nothing of him; why not? he did not know him before; therefore the sisters they go on their fore-knowledge, and one of them tells you, if she had not known him before, she should not have known him then; she knows the man that abused her, she knows the man that insulted her, but not the man that wounded her; they have been more circumstantial than they were before: Gentlemen, I happened to use a term very much made use of in the profession, I called it bolstering up of evidence; I do repeat it again; let it give what offence it will, they have found it convenient to bolster up the weak part; they have produced the brother, to prove nothing; they have produced Mrs. Neale, because she has done them no good; they produced her, in order to bolster it up, by a number of evidences, to bring out such matter as was not brought out before; they chuse to bolster it, and I will repeat it here in, and out of Court: Gentlemen, on the former trial I must make an observation; when the Miss Porters told their story there, they did not say one single syllable that, when they got into the house, they mentioned the man to their father, mother, or brother; only that they were wounded by some man or other; to-day they begin and produce the same people, and they themselves get out of them what they know would have been extorted from them in private conversation; therefore I repeat, they are brought to bolster up the weak parts of the former trial. With respect to the number of times that they say they saw the man, I do confess that they saw some man extremely like the prisoner. If there is any one fact that can strengthen the case, that at times a man like the prisoner, and at other times some man, would stop them, and use words the most dreadful; that a man should at one time be so wanton, so savage, lay aside his dignity, and that at another time he should pass on, and not speak to them; this is extraordinary, and I am not disposed to believe it; however,that some man has insulted them in this manner, in their various walks, I do most sincerely and most verily believe. Gentlemen, with respect to the point of identity, there was a particular case, I forget the very year, where a very worthy Gentleman, Sir Thomas Davenport , was robbed somewhere in the vicinity of London; he, his wife, his coachman and footman, and I do not know how many more, swore in a very formal manner to two men; Sir Thomas went so far as to swear to the horse; Lady Davenport would not swear to the horse; I think there were thirty as respectable people as Sir Thomas himself, who proved an alibi, and the men were both honourably acquitted; and yet it was admitted, on all hands, that Sir Thomas swore with the utmost purity of mind; and so the mistake is here; I say it is no impeachment of her veracity, when I say that Sir Thomas himself was mistaken; I only mention this to shew, that though the witnesses speak positively as they thought, yet that they may be deceived; and if I should bring such witnesses to you to night, who shall tell you that they are not mistaken, on another occasion, that they could not be mistaken, I trust you will at least doubt the evidence on the other side, and give the same degree of credit to the testimony on the part of the prisoner: the Gentlemen know the witnesses I have to call; they have had a long time to inquire into the characters of them; if they will bring any one to impeach their characters, I will give them up; I defy them, and dare them to it; Gentlemen, I knew the credit of them before I undertook this cause; I inquired into their credit: Gentlemen, the learned Gentleman has been long versed in the school of eloquence; I have been a retired man; I took up this cause with the feelings of a man; the learned Gentleman can wind round you, he knows all the roads to your hearts; he can talk of a fine family, to work on your feelings; I do not possess those powers; I must tell you, in direct terms, that from my soul I most sincerely believe the prisoner innocent: Gentlemen, the evidence of Miss Sarah Porter , the second sister, is pretty nearly the same as the first; I say, she, in conjunction with her sister, was mistaken: God knows how far her anger against some man that has offended her may induce her to say, let us take up this man: on the other hand, I must observe, that it is a very easy thing to cry, A mad dog! and if you let such a one loose, he may be hanged: you know the story of the Quaker; says he to his dog,

"I will

"neither hurt thee, nor kick thee, nor

"starve thee; but I will do this; I will

"give thee a bad name, and let thee loose;

"halloo, mad dog!" I have that confidence in the Gentlemen on the other side, that they would not take a step that is irregular: it has been usual, in Courts that I have attended, if a counsel on the other side goes to object to the witnesses, and he wishes to know what they call them for; I hope there is impartiality in the Court, and that I am not beat out of that either by the authority above, or numbers below; very likely the Gentleman, when he comes to reply to me, will tell you a very different story: I must say again, that if these two witnesses do not say positively that the prisoner was the man that stabbed Miss Ann Porter , they prove nothing at all; I fancy I shall not be able to prove, because unhappily the poor prisoner is the only person that can prove it; but there has been indisputably an acquaintance between the prisoner and the witnesses, and yet it happens very fatally that there is a flat resemblance between the prisoner and some other man, and that the conversation and the knowledge which the prisoner and the witnesses have was of a very different nature indeed; I will not stain the word justice, by saying that there were private motives behind the curtain, but that there were conversations of a very different nature, such as excited the present prosecution: Gentlemen, one thing you will observe, some of the witnesses - (but, faith, I am so fluttered) - they say that when he used to assault them the mother was not with them; and yet it comes out, that sometimes he did not assault them when

they were alone; but there being two different men; for my own part I see it so strong, and I think the prisoner's alibi will give you the utmost satisfaction: with respect to Mr. Tomkins, I have nothing to say to him; I was almost surprised to hear him say, he never heard of any ladies that had been assaulted since Mr. Williams was in custody; however, as he said he never heard of it, it is very possible he never did. Gentlemen, notwithstanding this surgeon of very extensive practice, I will call a surgeon of less extensive practice, whom I know very well; and whose word I would take beyond the oath of any one of the witnesses I have heard to-day; and if I prove there are any such men abroad, that have used the very same gestures, the very same language, and whose persons answer the description, not of the man at the bar, but of the man that was described at Bow-street; I will prove to you by and by, that there are ladies who have been wounded by a man, who answers the exact description of Miss Porter, in Bow-street; if it will be any satisfaction to the Court, it will be sworn. Gentlemen, I could tell you of a lady that has been most barbarously and cruelly wounded; I was with her at the moment it happened, on the 20th of August; and a most cruel business it was; and I am sorry to say that was the seventh time she had been assaulted since Williams was committed. I could not get the lady here to-day; her father-in-law is a very old man, and he is dangerously ill, but I hope you will give credit to the fact; if not I will be sworn to the truth of it; however, if it should appear that women have received frequent and dangerous wounds in these parts; if it should appear, that the very man who wounded this lady, answers the exact description that Miss Porter gave at Bow-street, and used the exact language of Oh, Oh; and stared her in the face, and stooped at her; I think it will have some influence upon you. Gentlemen, I trust, as the dignity of human nature is at stake, and as a poor helpless man stands here unbefriended, humanity will step forth: if the learned gentlemen deny me that justice here, I must say before-hand, they are afraid to meet the question: as for me, gentlemen, I have nothing to gain in coming here, I may have some character to lose; it may receive a sort of stain from the public; I despise the insinuation from my soul and heart; I despise the man that dares attempt it; I believe I should not stoop to kick him. I stand here, not the defender of the Monster, but the defender of another man; if I prove Williams was at another place, and that there has been these outrages committed by a man of a similar description, I shall gain my point. Gentlemen, I do not wish to take up your time, one observation more, and I will sit down; as to Macmanus, he found no instrument of a dangerous nature; and, with respect to Coleman, it is impossible to follow that man without expressing indignation, which I should be sorry to do: I beg to be corrected in a gentleman-like manner; but of all the witnesses I ever beheld, Coleman is the most extraordinary; the man follows him, he says, out of the Park; he says the prisoner came and looked at her; to be sure he did, they had been always accusing one another; this gentleman was with her and discovers her fears, and she tells him it is the Monster: away goes Monster, and away goes Coleman! I am told the prisoner is a very remarkable active man, and a fast walker; which way the prisoner went is very immaterial; but the prisoner did not look up at a house in Admiralty-court, that I assert; and I expect my word should go beyond his oath at any time; then he went into St. James's-street, and he looked into his brother's shop; observe he does not go across St James's-square, but up St. James's-street, where his person must be known by those ladies whom he so often met; and though they passed Miss Porter's door, they never attempted to take him in; it is all a trump up piece of business throughout. [Mr. Swift continued his observations on the evidence of Mr. Coleman for some time, and said he had enquiredinto the prisoner's character, which he had found to be good; and that he should establish an indisputable alibi, and trusted to the jury, that with their mercy and good sense mixed together, he should have a verdict for the defendant.]

Catherine Armet , Amiable Mitchell, and Frances Bowfield , attempted to establish an alibi, as on a former trial, with some variation, however, in respect to some circumstances; for on being asked how they knew he did not leave Mitchell's till half past twelve, they said they knew the time by the quantity of work that was done, and did not look at a watch or clock; and one of the witnesses said the prisoner might have gone out, and she not have seen him. John Jerceaux proved by an order given to Mitchel for a dress for Mrs. Abington, as mentioned in the former trial. Two of the witnesses said he never went out at the street door, and it was impossible he should, without their knowing, because of a bell. Mr. Swift then informed the Court that he could call five or six witnesses to the prisoner's character, but that as it was so late, he would not detain the Court. Mr. Pigot replied at considerable length, in a very forcible manner, to Mr. Swift's observations, and concluded with reminding the jury of the situation some of their families might be in, if by their verdict the wretch should be set at liberty again. After which the chairman summed up the case, recapitulating the whole evidence very minutely, with many pertinent observations, and begging the jury, for God's sake! to divest themselves of all prejudice; and at one o'clock the jury retired for half an hour, doubting only whether they should find the prisoner guilty of an assault, with an intent to murder, or only of a common assault, when they returned with a verdict,

GUILTY of the whole indictment.

At half after one in the morning, the Court adjourned to the next morning, at eleven o'clock, when being resumed, the prisoner was again set to the bar; and the same jury, with a variation only of Mr. R. Young, in the room of Mr. Trotter, were charged with him; he was indicted for a similar assault , on Elizabeth, the wife of Thomas Davis , with two other counts.

The indictment opened by Mr. Shepherd: and the case by Mr. Fielding, as follows:

Mr. Chairman. Gentleman of the jury, before I call your attention to the particular circumstances of this case, I cannot help availing myself of the opportunity which is now offered me of congratulating you on the justice you have done to your country; and I will say without a particle of flattery, that there never was an instance in this kingdom, of a more patient, a more deliberate, and a more unprejudiced enquiry, then was manifested by you yesterday, when that trial was before you. Gentlemen, you had the satisfaction not only of doing a noble piece of justice to this country, of quieting those alarms that were excessive indeed through this metropolis, but you have likewise the satisfaction, I will now tell you, of restoring peace to an innocent family, that have been for a considerable time in the most miserable agitation: for from the first commission of the crime on Miss Porter, that whole family have had no peace; and by this time you are aware that a late publication must have contributed extremely to their uneasiness. Gentleman, I very well know the quarter from whence that publication came; and I cannot from my soul think but it proceeded from a laudable, though mistaken motive: it frequently happens, that looking at some objects with a particular attention, and not regarding some which do not obtrude themselves to the view, a prejudice is begotten in the human mind; and under the influence of that prejudice, a man is led into a variety of mistakes. [Mr. Fielding proceeded to state the circumstances of his case.] Mr. Swift observed, that let the writer of the publication alluded to, be whom he might, he knew

him so well, that he was not ashamed of a single tittle of it; and that another publication on a late trial would appear.

ELIZABETH DAVIS sworn.

( Examined by Mr. Shepherd.)

I am the wife of Thomas Davis . In May last, I lived in Clarke's-court, Holborn, very near Little Turnstile: I was coming up Holborn, last May, the 5th , between nine and ten in the evening: a man spoke to me; the first word he said, was, where are you going? I did not immediately answer him; he met me, and turned back with me; I did not know he spoke to me; he said again, where are you going? I said, home; he said, where is your home? I said, not far; he said no more to me for some time; he continued walking a little before me, and sometimes a little behind, from the top of Chancery-lane , to near the Bull and Gate; he then accosted me with a nosegay he had in his hand, and said, are not these very pretty flowers? to the best of my recollection; but I cannot say to this last word; it was a largish nosegay; I said, yes, Sir; I did not take particular notice of the flowers; he put it to my nose, but I did not let it touch me.

Had you an opportunity of observing his face and his person? - I took particular notice of him every time he spoke to me; I looked at him when he spoke to me; he then said, will you smell at them? and I said, no, I thank you, Sir, I am not partial to flowers; and I did not think they were natural flowers, but I did not say what I thought.

Did it occur to you at the time that he had the nosegay in his hand, that they were not natural flowers? - Yes, it did; after that, he directly caught me by the throat, and with his other hand he gave me a blow across the thigh; and at that time I heard my clothes rent.

Did you feel the wound at that moment? - No, Sir; I pushed his hand from my throat, and he struck me a blow on my breast; I cried out, to the best of my knowledge, murder; I cannot tell what became of him; he went on, and I turned up my own court, I was so near my own home; there is but one house between the yard and the court; I knocked at the door, and they let me in; I first saw my landlady, Sarah Garrison ; I was so much alarmed, I was not sensible; I did not know what I said; I fell into a fit, and was laid on my landlady's bed.

Do you recollect what coat this man had on? - To the best of my knowledge ( it was candle-light) it was a light coat, with buttons of the same; it appeared to have a lappel, with buttons on the breast.

Had you an opportunity of seeing his face at the different times he spoke to you? - Yes, a great opportunity, because all the shops were open.

Turn round, and see if you can see the same man again? - Yes, that is the man.

Have you the least doubt? - Not the least in the world. I went to Bow-street; my landlady was with me; I saw him in the yard among a great number of other persons; and I said to Mrs. Garrison, that is the man that cut me.

Had you any body to point him out to you, except your own recollection of his person? - No, Sir, there was no person there to say any thing to me; and as soon as I came out of the house into the yard, I saw him, and singled him out directly; he was dressed in buff and blue.

Had you ever been taken to Bow-street by other people? - No, never.

Do look at him again, and tell the jury whether you have any doubt at all of that being the same man that struck you? - No; I have no doubt of the features of his face; his hair was dressed with powder at that time.

Mr. Swift. I have an alibi to this case; I will not ask you a question; as it happens, it is the alibi of yesterday.

Mr. Shepherd. Have you received any reward for giving this evidence, of any sort? - No, not one single farthing, nor any promise of any from any body.

Court. How long after that did you see

him? - When he was at Bow-street, the 4th of June; I never saw him before to my knowledge.

SARAH GARRISON sworn.

(Examined by Mr. Fielding.)

I keep the house where this poor woman lodges; I remember her coming home on the 5th of May; she hallooed aloud in the court; I did not know her voice; I thought it was a common prostitute; I did not open the door directly; she knocked twice before I opened it; and when I opened it, I asked her what was the matter? she did not answer me any farther, than she said, oh, the man! the man! I shut the door, and she dropped down in a fit; I went with her afterwards to Bow-street; and she went into the yard and pitched on the prisoner; there were a great many people in the yard; I thought it was a gentleman that was walking under the Piazzas; she said, no; it was a gentleman in blue, with a buff waistcoat; I never saw the prisoner before; she said she did not think the flowers were natural.

Did you see the wound on this poor woman? - Yes; she was ill about nine days.

Was it a cut with a sharp instrument? - It was like a scar; but the blood was within the scar; no blood besides; it seemed to be a small instrument; the clothes were cut all through at the same part as the wound was.

PATRICK MACMANUS sworn.

Did you go at any time to No. 52, in Jermyn-street? - Yes.

Did you find any clothes there? - Yes; that is the house where the prisoner's mother lived; I went there after I had been to his lodgings; he lived at the George Alehouse in Bury-street; I found this coat at his mother's, a light coloured lappelled coat, with buttons of the same; the prisoner said it was his coat; he did not deny it at all.

Court. Did you ever describe the dress? - Yes, to Mr. Angerstein, at the house, before the prisoner was taken.

JULIUS ANGERSTEIN Esq; sworn.

I saw this poor woman, I believe, a day or two after this happened; she came very ill to my house; she described the coat to be a light-coloured coat; I do not recollect the circumstance of the lappels; I was not well myself at the time; I took particular notice of it, as it was different from the other description.

Did you hear her say any thing of the buttons? - No, Sir; the first description I had of the monster, was a blue coat; and she differed in the colour of the coat so much, that I took notice of it in another advertisement.

The prisoner was going to enter on his defence; but Mr. Swift said, not a word, Mr. Williams; you was prevented from speaking last night, and you shall not be permitted to speak to day.

Prisoner. I shall take the advice of the gentleman, my counsel.

Mr. Chairman. Gentlemen of the jury, I must say, that I never saw either in this, or any other court of justice, a jury conduct themselves with more impartiality, more coolness, more fairness, more deliberation, and more propriety, than you did yesterday; you have done yourselves great honour; you have done your country great service. I am now, gentlemen, to call upon you, and endeavour to impose upon you a still harder task; that you would endeavour, if possible, to forget every thing that passed even yesterday; and to treat this as a new offence; and to treat the prisoner, in your judgment upon him, as if you had never heard of him before, but that he was now, for the first time, brought before you, charged with an assault, proved only by one witness, but with certain corroborating circumstances. Here the chairman summed up the evidence; and the jury immediately found the prisoner

GUILTY .

The prisoner was again indicted for a similar assault , on Elizabeth Baughan , spinster , on the 6th of December, 1789 .

(Mr. Fielding opened the case.)

ELIZABETH BAUGHAN sworn.

I remember being with my sister Frances on Westminster-bridge, on the 6th of December, 1789, about a quarter past seven at night; I was coming towards Parliament-street; I observed a man following us pretty close in Bridge-street ; he kept grumbling in a low tone; I could not hear what he said; he came to the side of me, and walked almost to the end of Bridge-street; I saw him very clearly; he endeavoured to push himself between my sister and the rails; he hit my sister about the small of her back, and then he struck me just at the small of my back; he struck me only once; my clothes were cut to pieces, and a streak on my back; it must have been with some sharp instrument; I saw the prisoner at Sir Sampson's, and pointed him out immediately among others, by my recollection of his person, and by nothing else.

Look at him now? - That is the person.

Have you any doubt? - Not the least: I went to see some other persons at Bow-street, but they were not the right persons. (A blue silk gown produced.) It is cut about half a yard; it was folded up round me; I did not hear it rent at the time; the rest of my clothes were cut, and I am positive they were not cut before, and the scratch corresponded with the cutting of the gown.

Mr. Swift. Unfortunately we have an alibi.

FRANCES BAUGHAN sworn.

I was in Bridge-street with my sister. I heard the prisoner say (with his mouth close to my ear) blast you, is it you; he swore bitterly all the way The blow on my back threw me forward, and I turned round and observed him strike my sister, and he kneeled nearly on one knee when he struck my sister, which was with great violence, and he swore at the time; I saw his face very plain, but not at first; and it came to my recollection, that I thought I had seen him, and knew his voice before; I did not know him so much by seeing him that night, as two years before, when he insulted me from the King's Palace to May's-buildings, and never from that time did I forget him; he insulted me very grossly, insomuch that I slapped his face in the park; I cannot positively say it was the same man; but I think it was from his voice and person.

Look at him now? - I do not forget him.

The prisoner made no defence. The Chairman summed up the evidence.

GUILTY .

Mr. Fielding said, there was an indictment against the prisoner, for an assault on Miss Sarah Porter ; but he was instructed to say, the family did not mean to prosecute him farther. There were several other indictments against him; but the ends of public justice being answered, for which alone these prosecutions were set on foot, he would not go on with them.

The Court considering their verdict, the Chairman addressed the prisoner thus:

Rhynwick Williams, you have been indicted for an assault on Ann Porter ; you have been tried and found guilty, by a cool, impartial, dispassionate, and deliberating jury, much to the satisfaction of the Court, and much to their honour; for I must again say, that I never saw a jury conduct themselves with more propriety in all the experience I have had of courts of justice; they seemed to have divested themselves of all prejudice, and to be unconnected with the general mass of people. The sentence of the Court on you, therefore, is, that for the assault on Miss Ann Porter , you be

confined in Newgate for the space of Two Years. For the assault on Elizabeth Davis, that you be also confined Two Years, to commence from the expiration of the former sentence: and that, for the assault on Miss Elizabeth Baughan , you be also confined for Two Years, to commence from the expiration of the former four : that at the end of the Six Years, you shall find bail for your good behaviour for Seven Years, yourself in the sum of two hundred pounds, and two sureties in one hundred pounds each , and to return in the custody in which you came.

Reference Number: o17901208-1

William Parratt, alias Price , Ann Guest , Ann Yardley , Susannah Brown , Michael Hoy , John Williams, alias William Miller , William Williams, alias Crew , James Smith , John Shirley , Thomas Parsons , John Keys , James Mann , Ann Wicks , Owen Lyons , Ann Taylor , Elizabeth Wyley .

Reference Number: o17901208-2

William Moss , Ann Jackson (she desired her child might accompany her: the Court referred her to the Secretary of State): William North , William Damant , Robert Read , John Mitton , John Cummins , Asher Pollock , Mary Talbot , Joseph Phillips , Thomas Alexander , Henry Jones , alias Denton , James Betts , George Cooke , Thomas Dickson , Elizabeth Asker (seven years) William Slaughter , Thomas Brown, alias John Brown, alias Thomas Newton , William Burbidge , Joseph Biggs, alias John Page , James Sullivan , Thomas Dunckley ,

Reference Number: o17901208-3

The Monster.

ON the 1st day of December sessions, 1790, RHYNWICK otherwise RENWICK WILLIAMS was set to the bar, when the opinion of the judges on his case, which had been reserved, was delivered by Mr. Justice Ashurst, as follows:

Renwick Williams, you have been tried at the Old Bailey sessions, in July last, on an indictment founded on a statute made in the 6th year of the reign of his late Majesty, King George the 1st; and the indictment charges, that you, on the 18th of January, in the 30th year of his present Majesty's reign, at the parish of St. James's, in a certain public street, called St. James's-street, wilfully, maliciously, and feloniously, did make an assault on Ann Porter , spinster, with intent, wilfully and maliciously to tear, spoil, cut, and deface her garments; and that you on that said 18th of January, in the parish aforesaid, in the said public street, did wilfully, maliciously, and feloniously, cut, tear, and deface her silk gown and shift, being part of her wearing apparel which she then had on, and wore on her person, against the form of the statute; upon this indictment the jury have found you guilty; but your counsel made two objections in arrest of judgment; the one to the form of the indictment, and the other to the substance of it, namely, that the facts as proved, did not constitute the offence intended to be punished by this act of parliament. A majority of the judges are of opinion that both the objections are well founded; in respect to the first, the words of the statute make it necessary that the assault and the tearing should be at one and the same time; whereas, here it is not laid as the same act; but for any thing that appears on the face of this indictment, it may be that the assault was on one part of the day, and that the tearing of the clothes might be on another part of the day; because it does not say that you made an assault on such a day, and then and there tore the clothes, but that you made such an assault on such a day; and that on the said 18th of January, you wilfully tore the clothes. Now, the law in favour of a prisoner, requires the utmost precision, and is not to be made out merely by inference; therefore the indictment was certainly not properly or accurately laid: with respect to the other part of the objection, that the case as proved, was not substantially within the intent of the act of parliament; a majority of judges were likewise of opinion that it is not. The occasion of enacting this law, was, that a crime of a very extraordinary and unaccountable nature was then committed, by tearing clothes in the street for the mere sake of mischief; and to bring this case within that act of parliament, the primary intention of the person must be the tearing of the clothes; whereas, your primary intention appears to have been the wounding the person of the prosecutrix: the legislature never looked forward to a crime of so diabolical a nature, as that of wounding his Majesty's subjects in a most savage manner, for the mere purpose of wounding them, without any provocation to the party; if they had, it is probable they would have annexed a still higher punishment for such

an offence, than that in the act of parliament; but as the legislature did not apprehend, and of course have not provided for it, it does not fall within the province of those who are to expound the law, to usurp the office of the legislature: but though you are not within the lash of this law, as far as a felonious act, the common law remedy is still open upon an indictment for a misdemeanor; and if the fact should be proved to the satisfaction of the jury, the common law is armed with sufficient power to punish the offence, so as to make a man repent of his temerity, in having been guilty of so flagrant a breach of it. At present you will be remanded.

Prisoner. I beg leave to address the Court for a few minutes. My lord, after a confinement of six months, as disgraceful as it has been distressing to me, I feel little satisfaction at the interpretation of the statute, which has neither cleared my character as a man, nor established my innocence in the eye of justice; at last I am only reserved for severer trials, though the letter of the law may not apply to a cruel conviction. I have suffered prejudice, which arms justice with new whips to scourge me. My case remains the very same it was five months ago; I have no new evidence to offer: such of the family as were present with me in Dover-street, at the time Miss Porter was wounded, have already given their testimony; that testimony has not been credited; as it was the true, being the only testimony I have to adduce, if it did not avail me then, it will not for the future. Much as I have been abused and libelled in the public prints, and bad as a persecuting world will be disposed to think of me, I will neither bring people to perjure themselves, or prove another alibi; my innocence, however, has not wanted an advocate. After the publication of this, gentlemen, was I to stand a second trial, the same perjury that pushed them on to convict me before, would only be multiplied for the purpose of strengthening those witnesses, as the learned gentleman in his letter to the judge who tried me, has pointed out; and therefore I do not feel the least exultation in discovering that after a cruel and bitter confinement of six months, I have only exchanged a less misery for a greater. Good God! for what am I reserved? without friends! without either money to support me in my difficulties, or to enable me to stand another trial with those whom reward has enriched, and whose case has made friends of all men, it is impossible that a poor and helpless individual as I am, should struggle with the stream, or prevail with those who have determined they will not be convinced. I stand an instance of singular misfortune; while my passion for the sex has nearly been my ruin, that the singular charge of a nature directly opposite, should compleatly be my destruction. I have now nothing to hope for or to look for in this world: to my God alone, to whom my innocence is known, and whom, in this instance, at least, I have not offended, I turn with comfort for support, though justice be denied me here; a father so kind and merciful will not refuse me, when I demand it of my prosecutor in that great day when the judges of this earth will themselves be tried. Most chearfully should I have sought amongst savages in another country, that protection which has been denied me in this. I have nothing farther to add, my lord.

Mr. Williams was then remanded, being charged on several indictments for assaults, to be tried at the new Sessions-house on Clerkenwell-green.

Reference Number: s17901208-1

The Trials being ended, the Court proceeded to pass Sentence as follows:

Received Sentence of Death, 13, viz.

Breeze, Robert - 32

Etherington, John - 4, 5

Gorman, Mary - 8

Gristin, Ann - 8

Hart, John - 32

Hunter, Stephen - 9

Jones, Robert - 2

Marshall, John - 14

Ozeland, Elizabeth - 3

Platt, George - 28, 35

Roberts, Phillip - 35

Templeman, James - 28

Withers, Samuel (dead) - 6

To be transported for Seven Years, 21, viz.

Atkinson, Ann - 15

Bond, James - 11

Brewer, William - 49

Clewes, Samuel - 10

Hamilton, Elizabeth - 45

Hardy, Thomas - 43

Harrold, William - 13

Hawkins, Ann - 31

Hysen, John - 12

Jones, Evan - 44

Jones, Robert - 34

Manley, James - 47

Metcalfe, Ann - 36

Norton, William - 37

Peart, John - 40

Richardson, Richard - 21

Thomas, William - 25

Watson, Henry - 10

- John - 16

- Robert - 24

Wood, Henry -

To be kept to Hard Labour on the River Thames for Two Years, 1, viz.

James Tull .

To be imprisoned Twelve Months, 1, viz.

John Cull .

To be imprisoned Six Months, 11, viz.

Sarah Carey (fined one shilling) Mary Williams (fined one shilling) Richard Chantrey (fined one shilling) Joseph Holms , James Williams , John Harper , Catherine Jackson (fined one shilling) Ann Seymour (fined one shilling) William Williams

(fined one shilling) Dorothy Green (fined one shilling) William Hutton .

To be imprisoned Three Months, 1, viz.

Mary Smith (fined one shilling.)

To be imprisoned One Month, 6, viz.

Joseph Hore , Ann Chantrell (fined one shilling) Stephen Suffield (fined one shilling) Mary Harris (fined one shilling) George Abberley , Thomas Flockton .

To be whipped, 7, viz.

Joseph Hore , James Williams , John Harper , Thomas Flockton , John Legg , John Tull , William Hutton .

The Trial of William Smith was postponed to next Sessions. The Sessions was adjourned to the Saturday following.

On Saturday, December 18th, 1790, the following Capital Convicts were set to the Bar, who were offered His Majesty's Pardon on Condition of being transported for the Term of their natural Lives.

Reference Number: s17901208-1

William Parratt, alias Price , Ann Guest , Ann Yardley , Susannah Brown , Michael Hoy , John Williams, alias William Miller , William Williams, alias Crew , James Smith , John Shirley , Thomas Parsons , John Keys , James Mann , Ann Wicks , Owen Lyons , Ann Taylor , Elizabeth Wyley .

Mr. Recorder accordingly passed Sentence on the above Convicts for their natural Lives.

Also the following in another Class.

Reference Number: s17901208-1

William Moss , Ann Jackson (she desired her child might accompany her: the Court referred her to the Secretary of State): William North , William Damant , Robert Read , John Mitton , John Cummins , Asher Pollock , Mary Talbot , Joseph Phillips , Thomas Alexander , Henry Jones , alias Denton , James Betts , George Cooke , Thomas Dickson , Elizabeth Asker (seven years) William Slaughter , Thomas Brown, alias John Brown, alias Thomas Newton , William Burbidge , Joseph Biggs, alias John Page , James Sullivan , Thomas Dunckley ,

For their natural Lives.


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