Old Bailey Proceedings, 8th June 1791.
Reference Number: 17910608
Reference Number: f17910608-1

THE TRIALS AT LARGE OF THE CAPITAL and other CONVICTS, 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 JUNE, 1791, and the following Days;

Being the FIFTH 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 V. 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.

MDCCXCI.

THE TRIALS AT LARGE, OF THE CAPITAL and other CONVICTS, ON 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 , one of the Justices of his Majesty's Court of King's Bench; the Honourable Sir RICHARD PERRYN , one of the Barons of his Majesty's Court of Exchequer; Sir JOHN WILLIAM ROSE , Serjeant at Law, Recorder of the said City; JOHN SILVESTER , Esq. Common Serjeant; and others his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Gaol Delivery of Newgate, holden for the said City and County of Middlesex.

London Jury.

Thomas Marriott

George Revell

James Sharpe

Michael Laney

John Lake

William Hodgson

James Hall

Thomas Kemble

John Kirby

Josiah Harvey

Daniel Doggett

James Black

First Middlesex Jury.

James Wilkinson

Saul Richardson

Evan Griffiths

William Savage

William Sterch

William Drew

Joshua Johnson

James Dodd

John Keymer

William Clarke

William Parry

Samuel Pinder

Second Middlesex Jury.

John Robinson

Thomas Hawkins

James Faulkner

Alexander Lindsey

William Jackson

John Wardell

William Hickson

Alexander Mackie

Thomas Kealey

William Dale

James Wayman

James Jones

Reference Number: t17910608-1

226. MARY OWEN was indicted for stealing, on the 7th of June , half a yard of silk, value 2 s. 6 d. twenty remnants of cotton, value 5 s. a piece of binding, value 6 d. the property of Richard Hudson and William Corney .

RICHARD HUDSON sworn.

I live at No. 4, Broad-street, Carnaby-market , I keep an upholsterer's shop and cabinet-maker ; we have missed cottons and buckrams, and tapes and callico. On Tuesday morning last I heard the prisoner was

to have a patch counterpane raffled for in the neighbourhood, and upon her not coming back to breakfast, I enquired after her, and understood there were not members enough to be procured; I saw the counterpane, and they were all my patterns of cotton, and I saw a child's frock which was my property; I found all these things in her lodgings by a search warrant; I can swear to them all by the patterns, and to this piece of India silk in particular; it matches to a piece I have here, where it was cut off; the prisoner has worked for me a year and three quarters. The value of all the things I can swear positively to is thirty-nine shillings. William Corney is my partner.

JOHN BROWN sworn.

(Produced the counterpane.)

It was pawned with me for ten shillings, I did not take it in.

DOROTHY HOUSEMAN sworn.

I know the prisoner; she gave my little girl some little bits and shreds to make two counterpanes on, and I was to have one for making the other; she said they were the perquisites that were allowed on cutting out at Mr. Hudson's and Corney's shop.

Prosecutor. I allowed her none, I forbid her taking any bits.

JAMES SLADE sworn.

I am a constable; I went with a search warrant to Mr. Phillips's, No. 5, Edward-street, Broad-street, there I found the prisoner up two pair of stairs, she was coming out with this property tied up in a bundle; a chest that was not locked was full of the same sort, only not such small pieces.

PRISONER's DEFENCE.

I was forewoman , and I looked on all those bits my perquisites, I had but eight shillings a week, I did a man's work; I have no witnesses, I am a stranger in the place.

ANN EDGEWORTH sworn.

I made two counterpanes for the prisoner, she said the pieces were her property, as she was forewoman of the shop.

GUILTY .

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

[Transportation. See summary.]

Reference Number: t17910608-2

227. CHARLES HILTON was indicted for burglariously and feloniously breaking and entering the dwelling house of Henry Bennett , about the hour of ten in the night of the 26th of May last, and burglariously stealing therein, one pair of sheets, value 2 s. one woollen blanket, value 12 d. one woollen rug, value 2 s. and one feather bolster, value 2 s. his property .

HENRY BENNETT sworn.

I live in Newtoner's-lane, St. Giles's . My house was broke open about ten on the 26th of May; I was in bed about ten; it is a house that we let out in tenements ready furnished; I do not inhabit any part, it was the room of a lodger, I cannot tell the name: it was past ten, I was just got into bed, my wife was up; the watchman knocked, and called Bennett; I went to the house, and the pannel of the lock was taken out, and the things mentioned in the indictment were gone.

(Repeating them.)

CORNELIUS BUCKEY sworn.

A little before eleven I was after going on duty; I went for a halfpenny worth of tobacco, and I saw this man; I fancy this is the same man; and I saw him with this property; I fancy this is the same property; he had a bundle; I took him to the watch-house on suspicion, with the bundle, and he said his wife died, and that occasioned him to bring the goods to be sold; he tried to escape from the watch-house-door; Bennet's name was on the things, and I called him. (The things produced and deposed to.) Here is a mark in this, but I

can hardly read it. Here is Henry Bennett in full.

PRISONER's DEFENCE.

I was drinking all the afternoon, I was rather in liquor; I met a man and woman with these clothes, and the woman asked me to carry them a little way for her.

GUILTY,

Of stealing, but not of the burglary .

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

[Transportation. See summary.]

Reference Number: t17910608-3

228. WILLIAM BROWN and JOHN DAWSON were indicted for feloniously assaulting William Maddocks , on the king's highway, on the 4th of May last, and putting him in fear, and feloniously taking from his person, and against his will, a man's hat, value 5 s. seventeen guineas and an half, and seven shillings in monies numbered, and five halfpence his property .

WILLIAM MADDOCKS sworn.

I was robbed on Wednesday May the 4th, in the evening, between seven and eight, at the bottom of Highgate-hill , towards Finchley-common. The two prisoners were the men that robbed me; they took from me seventeen guineas and some odd money, besides my hat and three keys; I was going on foot from Highgate, where I had left my horse, to my own house, about a hundred yards further.

Court. Are you positively sure as to the persons of the two prisoners at the bar? - Perfectly clear; for on going down I was quite abreast of them; I had not the least suspicion of being stopped; they both took hold of me by the collar, they were abreast, one of each side; they asked me for my money.

Court. It must have been perfectly light at that time of night? - Broad day, my Lord.

Which way did they go? - After they stopped me, I told them they were drunk, they were not serious; and by that time I had some how disengaged myself from them, expecting somebody would pass to my relief; I gave them a few blows, but they got me down, and one of them put his hand into my right-hand breeches pocket, and took my money, as I mentioned before; they crossed the field over to get from the spot, to get towards Caen Wood; I proceeded to a neighbour's, within a hundred yards of the spot, to a lady who holds a large farm under Lord Mansfield, expecting to find some assistance from her servants; I found only one at home, in consequence of which I did not wait there, but made the best of my way by running to Highgate, I got on my horse, and rode round by Hampstead-lane, by Lord Mansfield's; there is a little hut just opposite, there I saw a person who said he had just seen the two men, and he supposed they were then in the wood; having nobody with me, I went to the Spaniard, which is very near, and there were several people proposed looking out for them; I left them, and proceeded further through Hampstead, and came to Red Caps, about half way to Hampstead; there I found the patrol, and after giving them the information, I proceeded to go through Kentish-town; after I passed the workhouse, which is close to Red Caps, there is a vacant field, and there I met two soldiers; it being near dark I could not discriminate, and I went to the next public-house; not procuring any assistance, I rode back and passed them before they got to the work-house, and went to the public-house where the patrol were, and they seized the prisoners, who were just come up to the spot; on being brought into the house they were searched, and the particulars the patrol can inform you.

JAMES ALLEN sworn.

I was applied to, to take up the prisoners, we waited for their coming down the road, after he gave the first information; me and my man took them; Dawson had a bayonet

in a belt; I searched Dawson, I found nothing upon him; my man searched the other (Brown) in my presence; there was found upon him two different parcels, one parcel contained ten guineas and some silver, and two halfpence; in the other there was seven guineas and an half, and some silver, and three halfpence; nothing else in my presence. The bayonet my other man took from Dawson.

WILLIAM PICKARD sworn.

I was present with the last witness when these men were searched; I searched Brown, and found this woman's glove, tied up in this manner in the tail of his shirt; it contains ten guineas, two shillings, four sixpences and three halfpence; and I found this handkerchief pushed up between his legs, in his fork, as close as could be, and therein were seven guineas and an half, three shillings, and two halfpence: and I found one gaiter upon him.

PRISONER BROWN's DEFENCE.

My comrade and I had our clothes tried on, and took a walk to Primrose-hill, and had a pint or two of beer at one place, and a pint or two at another; coming home by Mother Red Caps, we was stopped by the patrol, they took us into a public-house, and searched us, and took our property from us, which was no great property, but which was what I had saved by my own industry.

PRISONER DAWSON's DEFENCE.

I have got an impediment in my speech. My comrade and I took a walk round Primrose-hill in the afternoon; we had a pot of beer, he said he had plenty of money about him; what money it was I do not know. When we were at Mother Red Caps we were stopped by the patrols, and taken up and searched, and nothing was found upon me.

Court. Which regiment of the guards do you belong to? - The first.

WILLIAM BROWN , JOHN DAWSON ,

GUILTY , Death .

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

Reference Number: t17910608-4

229. JAMES SMITH was indicted for feloniously stealing, on the 1st of June , two iron spades with wooden handles, value 5 s. the property of Elizabeth Simper , widow .

(The witnesses examined separate.)

ELIZABETH SIMPER sworn.

On the 1st of June I lost two iron spades from the garden. I am a gardeneress in Rose-lane, Ratcliffe ; I found them in about a quarter of an hour, it was about a quarter after eight when he took them away; I first saw them in the custody of Mr. Price, who keeps the public-house.

GRIFFITH PRICE sworn.

I am a publican. On the 8th of June, about eight, Mrs. Simper's people came to breakfast, and about a quarter after eight Mrs. Simper's little boy informed me, and I went and saw the prisoner with two spades on his back, in a field adjoining the garden, about half a quarter of a mile from the garden, walking very fast towards the garden; I said, my friend, where are you going with those spades? he said b - r your eyes, if if you do not let me go, I will cut you down. Me and one East, the foreman of the garden took him into custody: I have kept the spades from that time to this.

WILLIAM EAST sworn.

The two spades I took from the prisoner I gave to Mr. Price, I received them at the Rotation, and gave them to Mr. Price, and brought them here to-day from Mr. Price; they are the same that were taken from the prisoner; there are two notches on them, which I made, I took them from the prisoner about an hundred yards from

my mistress's house, going towards Limehouse; I officiate for Mr. Simper; the prisoner did not come to work that morning, he wanted to go to work at eight; I said, James do not go to work till nine; he said, I do not mind an hour; he went and had some breakfast, and then went and took the spades: he was watched.

Prisoner. Were the spades concealed or on my shoulder? - On his shoulder; he took another person's jacket, and left his coat; when we went up to him I said, you villain, where are you going to? he was in the regular foot-way, I saw him come over the fence, and Mr. Price was very nigh him.

Whether I changed any money with Price, after he took me into custody? - He gave me sixpence, and I gave him change.

PRISONER's DEFENCE.

I went to work, I never staid five minutes; in ten minutes or a quarter of an hour her other people went to breakfast; there were four people digging, two of them took their spades, the fourth was left in my charge; if I had lost it I must have been answerable for it; I pulled off my coat, it was nearer the house than where my work was, I thought it safer there than where it was; the foreman, Mr. East, had told me two or three different times, that they had lost tools out of the ground, therefore I took them with me for safety; I went in my shirt sleeves, I had money due to me from my mistress, wages, and I would hardly have gone away so.

Court to Mr. East. Do you know these spades? - Yes, by the marks upon them, J. S. in several parts.

PRISCILLA PRESTON sworn.

I am married; my husband John Preston is a housekeeper, a carpenter and joiner, a journeyman; I have known the prisoner a long time; I went to his mistress the day afterwards, and I asked her whether she would appear and speak in his behalf; Mrs. Simper said she lent him the spades, I can take my solemn oath of this; I heard of it, and I went to know whether or no he was taken and I asked her whether she did not lend him the spades; and she told me yes, and he comes of very honest parents.

Did she say she lent him the spades that morning? - No; she only said she lent them to him.

She did not say she lent them to him that morning? - No; she said she lent them, that was all; I have known him thirteen years. he served his time to Captain Barrer, to the seas, and was cast away on board the Old Kingston.

Have not you mistaken her; you are a little deaf? - No, Sir, I have not; I was very near to her, and I took particular care; I never was before any body till now; my father married his mother, that is all the relation I am; that is no relation at all.

Does he live in the house that you live in? - No, he does not; I live in Old-street-road, at No. 2, I sells a little tobacco; he lodges at Mile-end, at the Brewer's Arms: it is a great way off.

Court to Mrs. Simper. When did you see this woman? - This woman called upon me past nine o'clock.

And did you tell her you lent him the spades? - No, Sir.

What did she come about? - To beg of me to be merciful to him.

Did you ever say to her that you lent him the spades, or any thing like? - No, Sir, no such word.

Did she appear deaf to you? - No, Sir, she did not; she told me she was his sister, and lived at Hoxton, and she begged of me not to appear against him, and not to bring him to justice.

Then do you mean to say, that what she has sworn is false, that you never did say so? - If I was to say that I did say so, I should tell a falsity.

Did you say any thing that could be mistaken for that? - No, not that I know of.

Prisoner. I was round the world with Captain Cook, and I worked hard for Mr. Hobcroft, and he told me he would have come; but these gardeners and gardenesses hang all in a gang, so that they are obligated

to prosecute right or wrong; they do not stand upon any favour.

Jury. Was there any public-house nigh on the road? - There is one about a quarter of a mile nearer, the Britannia, going to Poplar.

Prisoner. It was my meaning to go to the next public-house to get a pint of beer, and return to my work like an honest man; I left money in my mistress's hands.

GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

[Whipping. See summary.]

Reference Number: t17910608-5

230. WILLIAM BRYANT was indicted for feloniously stealing, on the 17th of May last, fifteen yards three quarters of woollen cloth, value 6 l. 3 s. eighteen yards three quarters of ditto, value 6 l. 9 s. fifteen yards ditto, value 3 l. 10 s. fourteen yards of ditto, value 5 l. 13 s. nineteen yards and an half of ditto, value 4 l. 2 s. and three yards of canvas, value 3 s. the property of John Jackson .

The case opened by Mr. Knowlys.

GEORGE SMITH sworn.

I am servant to Mr. John Jackson , he is the proprietor of the Leeds waggon , three weeks last Monday a truss was put into the Leeds waggon to London; it was directed to Read and Co. Inverness; I loaded it into the waggon at Leeds, it was removed into a cart at Ponder's End , I loaded it into the cart, there were several other goods in the cart, we mostly bring a cart with us; three men came after us, and they went past me, and I them, and then they me; I suspected and watched them, it was about eleven in the forenoon, and the man on horseback, who is not here, rode up and cut the cord; the three men in the cart were just behind him, and the prisoner pulled the truss off our cart into their cart; I am certain the prisoner is the man: they drove away with it as fast as they could in the cart: I drove the waggon into the town of Tottenham , and got a man to stand by it, and I rode after them; Wood, my companion, was behind at the time the matter happened; I went to some brick-fields, where some men were making bricks, and I saw the four men with the cart; I pursued them about a mile, I lost sight of them, I saw the truss in the cart; I rode up to them, and these four men came running, and pulled me off the horse's back; and two of them, each took up a brick, and said, if I meddled they would kill me; and the prisoner and another man got the horse and cart out of the shed, and they rode away with the cart, and the two other men held me; they turned my horse into the field, and I went into the town, and met Wood my partner coming, and several more, and I went back to the brick-fields; I had tired my horse, so I went back to the waggon, and took care of that; I am sure the prisoner whom I saw with Wood, was the same man I saw in the cart.

Mr. Garrow. You never saw the men before? - No.

How near to Tottenham? - Three or four miles.

Had you taken any thing else out of the waggon into the cart? - Yes, several things.

You was near the weighing engine then? - Yes.

Where did you take the goods out; how long before you had got to the weighing-engine? - About four miles.

Did you take any particular account of packages that you took? - No.

This was about eleven in the forenoon? - Yes.

There were a good many people on the road? - Yes, a good many.

Did you give any alarm before you got to Tottenham? - No.

Did you desire any of the people to pursue? - Yes, I did; a lady sent two of her servants to Stamford-hill.

You never saw the man in your life? - No.

DAVID WOOD sworn.

I was in company with the last witness, I

galloped into Tottenham, and had information the parties had rode up White-hart-lane, I found them at Wood-green; I met Smith on the road, I went to the public-house, and asked the landlady about them; I found the prisoner running up a hedge side to get away, I suppose, and caught him the collar; I told him he had robbed my waggon; he said he knew nothing of it; I brought him to the public-house, I made him get upon my poney, and come with me on my poney; I was coming towards Tottenham, and in about thirty yards three men came to my assistance; we came back to the public house, and brought his horse and cart away with us, that he had rode in; I asked him if he knew any thing of the truss; I made him no promise of favour; he said a young man was seeking for the truss, and the prisoner said, it is in that bush, let me go; the young man put up his hand as a signal that he had found the truss; and when he saw that, he jumped on the poney to run away; I got up after him, and knocked him down, and he was secured; the truss that was found in the bush is the same that was taken from the waggon; two iron crows were found besides the truss.

Mr. Garrow. You are the waggoner? - Yes.

You pay for what is lost? - No, Sir.

Your master pays for losses? - I suppose so.

How many porters are there? - Only one in the Leeds waggon.

JOSEPH OAKES sworn.

I was present when this truss was found in the ditch; James Sitton found it, I saw the prisoner then, he was on a poney behind the waggoner; as soon as the truss was found he attempted to escape, but was afterwards secured.

JAMES SITTON sworn.

The waggoner told me he was robbed, I saw the cart and Mr. Bryant in it: (that gentleman that stands here.) I found the truss in the place where the cart passed by, the prisoner was three quarters of a mile off, I carried it about thirty yards.

(The truss produced, and the contents deposed to.)

- BEILBY sworn.

I took possession of the truss and these implements, as an officer of Clerkenwell.

Wood. This is the same truss that was in the Leeds waggon, it is directed, James Read , and Co. Inverness.

Court. What is the value of the trusses? - About twenty-five pounds, or upwards.

PRISONER's DEFENCE.

I was drinking at a house at Wood-green, and this man came up and challenged two or three people in the house; says he, you are one, and I went with him.

The prisoner called three witnesses to his character.

GUILTY .

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

[Transportation. See summary.]

Reference Number: t17910608-6

231. ROBERT FRANKLIN was indicted for feloniously stealing, on the 28th of April last, one stuff boat cloak lined with green baize, value 10 s. the property of George Millett , Esq .

GEORGE MILLET , Esq. sworn.

I was just returned from India, and on a visit at my brother-in-law's, Mr. Coghlan; I lost a brown boat-cloak lined with green, I do not know that it is lined with baize, but my name is worked on the back of it; it was lost the latter end of April, it was lost from Mr. Coghlan's, No. 65, Hatton-garden ; I saw the prisoner at Mr. Coghlan's, who had been brought in, I did not see the cloak in his possession, but I saw some pick-locks taken out of his pockets.

WILLIAM PORTER sworn.

I am servant to Mr. Millet. On the

28th of April the prisoner came to No. 65, Hatton-garden, and knocked at the door, and enquired after Mr. Edwards; he desired me to go and enquire, I went into the parlour, and as I came out, I saw the prisoner walk out of the street-door with the cloak under his arm; the cloak was hanging up in the passage; he run up Hatton-garden with the cloak under his arm; I cried stop thief, and he dropped the cloak; and a gentleman tripped up his heels and we took him. I am sure he is the same person that came to the house, and went out with the cloak.

JOSEPH UNDERWOOD sworn.

I was returning from my work the 28th of April, in the evening; in Hatton-garden, the prisoner was running towards me, he dropped something before he came to me; I pursued him down Hatton-wall, and tripped up his heels; he fell on his face, I fell on him, I took him into custody; I am certain he is the man that dropped something.

THOMAS YOUNGER sworn.

I was constable at the time for Hatton-garden-liberty, I assisted taking the prisoner; I took him into Mr. Coghlan's hall and searched him, and found these pick-lock keys in his pocket, wrapped up tight; we had a coach to take him to the Justice; and in Turnmill-street, somebody cut the coach down, and the door opened, and they began leathering away as they call it; Mr. Millet's servant got terribly wounded; they halloo'd out, damn your eyes, go it; damn your eyes where's your knife Bob, cut away. I expected nothing but murder.

PRISONER's DEFENCE.

I had been drinking pretty freely; coming down Hatton-garden, I heard the cry of stop thief; a man came and tripped up my heels; I told him I was not a thief.

GUILTY .

Transported for seven years .

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

Reference Number: t17910608-7

232. ROBERT COOKSLEY was indicted for stealing, on the 11th of April last, twenty pounds weight of lead, value 3 s. belonging to Thomas Hollis , affixed to a building of his , against the statute.

THOMAS HOLLIS sworn.

I live at Hammersmith . I lost some lead in the week of the last sessions, I was here on the Jury; it was lost out of a gutter, I cannot tell the quantity; I know nothing of the prisoner.

WILLIAM WADER sworn.

I saw the prisoner take some lead from Mr. Hollis's, it was on a Monday, I cannot rightly tell what week it was, it was in April last, between one and two, as the men went to dinner.

Court. Was the house inhabited? - No.

Was the lead affixed to the house or loose? - Affixed to the house.

Did you know the prisoner before? - Yes.

Can you guess what quantity there was? - No.

Was the man taken with the lead upon him? - No, he sold it in St. Giles's; he told me to stand at one corner, while he went and sold it.

You assisted him in taking it? - No, I did not.

Prosecutor. The prisoner and another man were slater s, and this boy was the labourer.

Wader. He took my apron from another man whom I had lent it to; I did not object to his taking it, nobody was about at that time; he took the lead away in the morning about ten, the other men were backwards at work; he put it into a stable.

Was it one pound of lead? - More than that, it was more than twenty pounds.

Did he give you any part of the money he sold it for? - After he sold it he gave me eighteen pence of the money; I refused it, and told him I would not have it, and he forced into my pocket; my hand was in my pocket.

Prisoner's Council. I take it for granted,

my young man, that you are perfectly innocent of all this business yourself? - Yes.

You never was suspected at all? - No.

You had no kind of concern whatever in the transaction yourself? - No, Sir.

None at all? - None.

Upon your oath? - Yes.

I think you say he insisted on your taking the one shilling and six-pence? - Yes.

Are you sure of it? - Yes.

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

Williams had no concern in this? - None.

He did not persist in your taking it? - No.

Did you never swear that he and Williams forced you to take it? - No, I never have.

You never did? - No.

Prisoner's Counsel. Now here is the examination returned, in which he says he did; you never agreed to take part of what the lead came to? - No, Sir.

How soon did you give an account of this transaction? - Three days; I told one of the men two days afterwards, that works with my master, his name is William Reading .

Did you say, on your examination, that he put it into your pocket, or only that he insisted on your taking it? - He insisted on my taking it.

How many times was you examined? - Twice, first I told him, in the morning, when he went to work, he said there was a pigeon; I asked him what he meant; and he shewed me a great piece of lead on the side of the house, and said that was a pigeon, and he went up and cut several pieces; then he wanted another man and me, and we would not; and when I came back, he had it all down; he threw a tile at me, it did not hit me.

Did you never mention this before three days after? - No.

Why did you not go and give information of the whole transaction immediately? - I did not know where to go; I knew Mr. Hollis, but did not know where he lived.

Had you any conversation with this prisoner previous to his going up the ladder? - No, Sir.

Had you any conversation with Williams? - No, Sir.

None at all? - No.

You say, upon your oath, that Williams did not singly insist on your taking the money? - No, Sir, he did not.

And you never swore that they both insisted upon your taking it? - No.

How long have you lived with Mr. Hollis? - A twelvemonth; he employs me still, I told my master of it; I have had conversation with Griffith and Lamb; I told him the same as now, how it happened, and he asked me, and I told Mr. William Reading to tell my master.

What is your master? - A soldier; the prisoner is a soldier too.

Did you never know of any quarrel between your master and this soldier about their work? - No, I never did.

PRISONER's DEFENCE.

When I went to work this boy mentioned this lead, I told him to have nothing to do with it; he went up and fetched down the lead; I persuaded him ten times; says he, last Saturday at Lord Fyfe's they did so and so, they took ever so much; and he carried it out of Hammersmith himself, and lent the other his hat.

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

GUILTY .

Transported for seven years .

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

Reference Number: t17910608-8

233. JOHN NORMAN was indicted for stealing, on the 4th of June , one linen handkerchief, value 18 d. the property of

Thomas Farr , Esq . privily from his person .

(The witnesses examined separate.)

THOMAS FARR , Esq. sworn.

I was going to a fire there was in Rosemary-lane , I thought I felt something press against me, I missed my handkerchief; a man said, is not your pocket picked? says he, this is the man that did it; says he, I saw him take a red and white linen handkerchief out of your pocket; I took him to Justice Staples; and as he was going along, a man brought the handkerchief, and said it had been thrown into the cellar; I did not find the handkerchief on the prisoner, it was last Saturday, the 4th of June, between six and seven in the evening.

Then you did not see the handkerchief go out of your pocket? - I thought I felt somebody running against me, I put my hand into my pocket, and missed my handkerchief.

JAMES RADLEY sworn.

I never saw the prisoner before last Saturday night; I was going to see the fire in Rosemary-lane, I was desired to watch the prisoner: I saw him try several, and pick a handkerchief out of Mr. Farr's pocket, and put it into his own; I am positive to him, and told Mr. Farr; while I was speaking to Mr. Farr, the handkerchief was dropped; I did not see it dropped; he was searched in about five minutes, nothing was found upon him.

THOMAS DAWSON sworn.

I know only that the handkerchief was thrown down into my cellar; my servant delivered it to me.

(Produced and deposed to.)

JOSEPH LANE sworn.

I am servant to Mr. Dawson; these two handkerchiefs were thrown down the cellar window, I delivered them to Mr. Dawson; these are like them.

Dawson. I have had them in my custody ever since.

Prisoner. Can you take it upon your conscience to say I threw them down? - I did not see where you threw them down.

PRISONER's DEFENCE.

Gentlemen of the Court and Jury: I was going down Rosemary-lane to an acquaintance of mine, where I retained and lodged, in Union-street; I happened to see this fire, I heard a great noise about it, which caused me to hurry down Rosemary-lane, where the fire was; when I saw this fire, opposite to the fire there was a great bustle, and in the mean time one of the gentlemen came and laid hold of me, and said, this is the young man; I believe he said, you took a handkerchief out of that gentleman's pocket; he laid hold of me and called for assistance, and searched me; I told him to examine me, the gentleman searched me, and nothing was found upon me; therefore gentlemen, I think it a hard thing that I should be bound into this disgrace, concerning a thing I know nothing about, and I am quite distant from any of my friends; all my friends live in Rotterdam, I lived some time at a shop in Houndsditch, No. 16, where any body may inquire my character; I served very honestly and truly, I never was out at bad hours, in my life. I am quite ignorant of the laws of this nation, I know not what to do at present, I am out of place, I am looking for a place; I have a mother in Rotterdam, I learned a kind of hatting-way, which I was able to perform at this gentleman's in Houndsditch.

How long have you been in this country? - I learned English in Holland, I have been here a twelvemonth; I was thinking about learning the painting business.

GUILTY, 10 d.

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

[Fine. See summary.]

[Imprisonment. See summary.]

Reference Number: t17910608-9

234. JAMES KELLY was indicted for feloniously assaulting, on the King's highway, Richard Levermore , on the 22d of May , and putting him in fear and danger of his life, and feloniously taking from his person, and against his will, one metal watch, value 21 s. a metal watch-chain, value 6 d. a metal watch-key, value 2 d. his property .

(The witnesses examined separately at the request of the prisoner.)

RICHARD LEVERMORE sworn.

I was robbed between ten and eleven on the 22d of May, near the upper end of Newtoner's-lane, Drury-lane ; the prisoner was the man that robbed me; I was returning from Chancery-lane, going home, and I met three men, and as I passed the end of Newtoner's-lane; two of them met me in front, and the prisoner behind me; the prisoner confined my arms, and the other persons, who was nearest to me, took a metal watch from my fob-pocket; they two then absconded down the lane; the prisoner staid behind, and leaned on a post a few paces off; I believe he was sober, I suppose he staid there in order to shew his innocence; I went to him, and told him I should know him when I saw him again; there was a lamp over his head, and a great light from a cook's shop opposite, and I believe the moon shone, I am not sure; I turned as quick as the prisoner, and another witness saw him also; I am sure the prisoner was one of the three; the watch I valued at one guinea, I never got my watch again, I never saw the other two persons; I found the prisoner the next morning at the Red Hart in Parker's-lane; I went to Bow-street and described the man, and brought the runners with me; I take upon myself now positively to swear to the man; he was searched, and there was three shillings and a knife found upon him.

Prisoner. What coat had I on? - It appeared to be a loose surtout coat, a round hat, and a red handkerchief, the same as those in which he was taken, as I think.

ANN LEVERMORE sworn.

I was with the last witness when he was robbed; returning home, three men came up, one behind, and two in front; the one behind confined my brother's hands, while the two before robbed him; the prisoner was one of them, the two in front run away; he that was behind remained some time, and from the good light of an adjacent shop, we could know him again; I am sure the man that stood behind was the prisoner; he did not take him then, because I begged him not, for fear of ill-usage, I am perfectly sure the prisoner was one of the men; my brother never got any of his property again.

MOSES MORANT sworn.

I have belonged to Bow-street sixteen or seventeen years. On Monday the 23d I received information from the prosecutor of his being robbed in Newtoner's-lane, I told him to come at eleven, and we went to the Red Hart, and the prosecutor picked out the prisoner, and said he was one that came behind him.

Court. Is that a house of rendezvous for these sort of men? - I cannot say, there are several such houses in that neighbourhood; the prosecutor said he had no doubt of the man, but he would fetch his sister, who had a better sight of him than he had; the sister came, and I took her in without speaking to her, and she picked the prisoner out again a second time. I found no property upon him.

Prisoner. I have nothing to say, only please to call Joseph Kaine .

Joseph Kaine called, but did not answer.

GUILTY , Death .

To prisoner. How old are you? - Between seventeen and sixteen.

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

Reference Number: t17910608-10

235. RICHARD OWEN was indicted for stealing, on the 22d of May last, a silver watch, value 40 s. a silver tea-spoon, value 2 s. the property of Anthony Winsland .

And JOHN ORFORD and ROBERT KNAPTON were indicted for feloniously receiving the said watch, knowing it to be stolen .

SARAH WINSLAND sworn.

I am wife of the prosecutor. The prisoner Richard Owen lodged in my house a week; I live in Castle-lane, Westminster , it was a fortnight ago last last Monday; we lost nothing while he lodged there; he came home the Monday afternoon about three o'clock, and he tapped at the door and said, I beg your pardon for being so bold, and he went up to the watch, and asked what it was o'clock, and where the case of the watch was, and I said it was in the drawer; and while he was in the room, there came a hard shower of rain; I had been a washing, I ran to the garden to take in the clothes; on my return I saw him coming from the beaufet, I was rather surprised, I put in seven spoons in the morning, and I missed one, and I saw him look, and he turned out of the door, and I locked the door; I did not miss the watch till an hour after, then I found it was gone, the watch hung by the side of the fire-place, I saw it a very little while before he came in and asked me what it was o'clock, and where the case was; and the watch and spoon were found at the pawnbroker's Mr. Mr. Brown's.

JOHN PRICE sworn.

I am servant to Mr. Brown, pawn-broker, Stretton-ground; the spoon was pledged at my master's on the evening of the 23d of May, about seven o'clock; I received it from the prisoner Richard Owen .

(Produced and deposed to.)

JAMES KIMBER sworn.

I am servant to Mr. Wright, in Tothill-street, Westminster, I produce a watch which I received from the prisoner Orford, and Knapton followed him; he asked half a guinea, and said it was his; I asked his name, and he said Knapton.

Did the other prisoner come with him? - He followed him, and said my name is Knapton, it is mine, I have had it sixteen years.

(Produced and deposed to.)

PRISONER OWEN's DEFENCE.

I came home to prepare myself for duty at the Bank. I am a hair-dresser , and the prosecutrix asked me to cut her hair once or twice: She asked me that very evening; I said I had sufficient time to cut her hair, and get myself ready; she condescended for me to cut her hair, then she went into the yard to wash herself: first of all she got up, and she said, Owen. I have no halfpence to ask you to drink; I said never mind madam, I have halfpence, I will go and fetch some porter; and during the time I went about two hundred yards to fetch a pint of porter, I was there about five or seven minutes, and when I came back, we drank the pint of porter together, and I took my leave of her; and in going back to this place, to have my hair queued for the bank duty, I picked up this; she called upon me on the Parade; I went to the house, waiting for the hair-dresser to have my hair tied, to the Three Tuns, and met with my comrades; there we had a pint of porter together; I found the spoon about two hundred and fifty yards from the house.

PRISONER ORFORD's DEFENCE.

We were together at the Three Tuns in Westminster; as I went out Richard Owen came in; they asked me to drink, the tap-room was very full of people; we stopped to the last, and Owen was gone, and I saw Knapton pick up the watch from under the table.

PRISONER KNAPTON's DEFENCE.

We had been in the Birdcage-walk all the forenoon, trying our new clothing: our

comrade had some money left him, he spent nine shillings; I lent Owen a clean shirt, he came into the Three Tuns, and said he would pay for any thing I chose; after Owen was gone I picked up the watch; Owen sat by the side of me.

RICHARD OWEN , JOHN ORFORD , ROBERT KNAPTON ,

GUILTY .

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

[Transportation. See summary.]

Reference Number: t17910608-11

236. WILLIAM HAYNES was indicted for feloniously stealing, on the 21st of May , a watch, inside case and outside case made of silver, value 40 s. the goods and chattles of William Jones , in his dwelling-house .

HENRY HOWELL sworn.

I am a pawnbroker. On the 21st of May the prisoner came into my master's Thomas Jones 's shop, No. 145, Fleet-street , between ten and eleven o'clock, and asked to look at a watch in the corner-square of the window, marked three guineas; I shewed it him; he asked several questions concerning the going of it, and staid, I suppose, for seven or eight minutes, after which he told me to wind it up, and set it; I did so, and gave it him, after which he holds it up to his ear, and in an instant he opened the back-door and ran out; I got after him as the door was going to; I immediately run after him up Wine-office-court, never lost sight of him, and I saw the watchman William Chandler take him: when the watchman took him, I saw him move his arms, and throw the watch into Mess. Faulkner's and Radley's yard, two wine merchants; the watch was not hurt, only the glass broke; I saw it in the garden myself at five o'clock the next morning: I could not get in before.

(The watch produced and deposed to by the maker's name, and by the number being the same on the back of the label.)

What may be the value of the watch? - It cost two guineas.

Prisoner. How many people were in the shop when you missed the watch? - I do not know.

What time was this? - Between ten and eleven.

Was the watch taken out from the window, or from the counter? - I took it from the window.

Have you found the watch? - I have.

Where did you find it? - In Mess. Faulkner and Radley's garden.

Did you see any body put it there? - I did not.

Did you search any place when the watch was first missed? - I could not, because the place was locked.

Did you search no place? - I did not, I searched you.

Did you search no where else, while a person held me by the collar? - No.

Was any present, besides yourself, when the watch was first found? - Yes, there was a lad, John Simmons , who is now at home.

At what time was the watch found? - At five o'clock on Sunday morning.

What was you doing when the watch was first missed? - Shewing it to you.

What reason have you to suppose that I had the watch? - I have witnesses to swear it besides myself.

Do not you think that any one person may resemble another in size, person, or stature? - You never was out of my sight.

Court. Did you lose sight of the man? - I did not.

Are you sure of that? - I insist upon it.

Prisoner. When there was so many people in the shop, how could you tell who took the watch out of the shop? - You had it, and held it up to your ear.

Was the watch in motion? - No.

Not at all? - Not till after I gave it you, when you told me to wind it up and set it to time.

Where did you put it when it was wound up? - Into your hand.

When I was not in your shop? - I am certain you was in the shop.

How many were in the shop besides you? - Several others were in the shop, but there was no one ran after you, till you was taken by the watchman.

Do not you think that any other person may put it there as well as I? - You never was out of my sight, and I found the watch the next morning near the place where you was taken.

Did you search any person but me? - No.

How many persons were there that saw the watch first found? - One person besides myself.

Did you find any thing in my possession? - Not on you, I did not.

If you found nothing in my possession, what have you got to alledge against me? - You stole this watch; you stole this watch.

I stole that watch! you found it in my possession, you say? - I saw you throw it away, or at least I saw you move your arms as if you were throwing it away.

How do you know I threw it away, you found nothing in my possession? - I could not observe the watch go, because it was dark.

Jury. Will you take upon you to swear, that the watch you delivered to that young man, is the same watch taken out of Faulkner's and Radley's yard? - I do, I took it up myself.

Court. When did this man come to your shop? - Near eleven on Saturday evening.

Jury. Did you make any minute of the time you picked it up? - I did not.

Court. You have kept it from that time to this? - I have.

JOHN CARNEY sworn.

I am an hair-dresser; I was in Mr. Jones's shop when the prisoner came in to purchase the watch; it was taken down and shewn him, and he examined it some time, and closed the watch, and I thought he had settled in himself to purchase it; he stood afterwards for the course of a minute or two, and ran out of the shop; Mr. Jones's man and I run after him, and brought him back from Vine-office-court; I lost sight of him only while the door was shutting; I saw nothing what became of the watch.

Prisoner. Was you in the shop when the watch was first missed? - I was.

How many people were in the shop? - Two or three, I am certain there were two.

At what time was the watch missed? - Very near eleven.

How near? - Very near.

Was the watch taken from the window or counter? - It was taken out of the window, and put into your hands.

Was the watch found again? - It was.

Where? - In Mr. Faulkner's and Radley's yard, over the rails.

Did you see any body put it there? - I did not.

Did any body search any other place? - Wine-office-court was examined.

Who was the first person that found the watch? - The young man that shewed you the watch.

Shewed me the watch! - Yes, you, Sir, I am certain it was you.

Was any other person present at the finding? - I was not present.

What was you doing when the watch was first missed? - I had business there like you.

Did you come there for a watch? - I came there for the business I wanted, and you seemed to come for some purpose.

What reason have you to say that I had the watch? - I saw you carry it out.

What part of the shop was you in? - I was in the shop close to you, and there was two women in the shop at the same time.

Do not you think it possible for one man to resemble another? - I am so certain that I am not mistaken.

Have I any particular marks you know me by? - I know you by your person, and I suppose that is sufficient.

When there were so many people in the shop, how could you tell particularly who took the watch? - There were two women in the shop, and you was the only man besides myself in the shop.

Was the watch in motion? - I saw the young man seemed to set the watch a going.

Where was the watch put after that? - Into your hands.

Why the man must have gone to sleep to put it into my hands; how many people searched for the watch after it was first missed? - This young man and one watchman.

How many watchmen were in Mr. Jones's shop? - One.

You found nothing about me? - No, nothing.

Do not you think any other person could put it in the yard? - I know you took the watch.

Was any other person searched but me? - I saw no other person searched.

WILLIAM CHANDLER sworn.

I am a watchman, I know nothing of the robbery; I stopped the prisoner on the 21st of May, on Saturday, about eleven o'clock, in Wine-office-court, Fleet-street; I did not see the watch at all. The prisoner is the man I took, he was running along, and upon the alarm of stop thief, I took him prisoner.

Prisoner. What time was it you first saw me? - About five minutes after eleven.

Where did you take me? - In Wine-office-court.

Where did you take me to afterwards? - I surrendered you up to two young men.

Was not you in Mr. Jones's shop? - I was afterwards.

You searched me? - Yes, slightly, but I ordered you to be taken to the constable.

Have you any reason to believe that I had a watch? - You played with your hands, and the watch was found inside the rails the next morning.

Did not you conduct me to the watch-house that night? - I helped, aided and assisted.

Do you know what time the watch was found? - I do not know, only what I was told.

Was your walk from the corner of Wine-office-court? - It is.

Did you see any watch there; how long might you stop there? - I suppose I stopped there about twenty minutes.

What time did you leave your walk? - About twenty minutes after four, in broad day-light.

Jury. Did you see the prisoner make any motion with his arms? - No, I did not.

PRISONER's DEFENCE.

Although my poverty has precluded me the benefit of counsel, yet I thank heaven that that misfortune will be supplied by the humanity of the Judge who tries me; the Jury will observe that I call no person to my character, that the case may be reduced to its own merits; theirs is the character I rely upon; not on my own: On their discernment and not on my own I rely. I sent to none of my friends, because I did not wish them to know the disgraceful situation into which I am plunged; my character is lost by the situation itself: Gentlemen, believe me innocent; I lived till this misfortune by an honest trade, that of a stay-maker, and by that trade I hope to maintain myself as usual, by the favour of your verdict, and the recovery of my usual health and spirits.

The Jury retired for ten minutes, and returned with a verdict,

GUILTY.

Of stealing to the value of 39 s.

(Aged 25.)

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17910608-12

237. RICHARD MARTIN was indicted for feloniously stealing, on the 28th of May , four ounces of tea, value 12 d. the goods of the East India Company .

The case opened by Mr. Garrow.

JOHN TADMIRE sworn.

I am a labourer in the East India Company's tea warehouse; the prisoner was a labourer also. On the 28th of May last, I

saw the prisoner put his hand twice into the chest, and take tea out, and put it under his coat; I gave Mr. Wilson information, he sent for the prisoner to the counting-house.

Mr. Knapp, Prisoner's Counsel. In what situation was the prisoner? - In his working clothes.

You had access to the teas whenever you pleased? - We had been nailing the teas up.

Court. What is it the labourers do about these teas? - The teas are stowed before the sale, the brokers come, and the chests are opened for them to take samples, and then a sheet of paper is put over to cover it, and lead over that, and then the wooden lid put on, and then that is nailed down; that is the duty of the labourers.

- HOWELL sworn.

I am an officer, I searched the man, and found the tea in a pocket patched to his breeches behind. According to my best recollection there was no hole behind.

(The tea produced.)

Was that tea such as they had on shew at this time? - Certainly it was, but I cannot swear positively it is the Company's tea, it is impossible.

Mr. Knapp. You say positively you cannot say whether that is your tea or not? - I cannot.

Court. Was it a common side-pocket on the breeches? - No, it was a patch behind.

Mr. Knapp. Was this patch to mend the breeches? - I cannot say.

Did it look like it? - I cannot say.

Mr. Garrow. Do you mean to say that it had the least appearance of a patch to mend the garment, or was it a pocket fastened on the outside? - To the best of my recollection, it was a pocket or a patch, outside of the breeches.

Did it appear as if it was to mend them? - All I can say it, it was sewed outside of the breeches.

With all these number of ounces of tea in it? - Yes.

- WILSON sworn.

I am an elder; I look over the labourers. On some information I received, I sent for the prisoner to come down to the counting-house, I asked him, Martin, have you got any tea about you? not to my knowledge, says he; on which I desired him to walk further into the counting-house, and desired Mr. Howell to rub him down, and he could not find any, on which his countenance seemed to clear up; (they are commonly rubbed down by their sides) I desired him to examine him again, and he did; and in coming round the second time, he found it; says he, here is a bulk; on examining this we found a large piece of leather sewed to the waistband of his breeches, sewed quite round, separate from the breeches, and open on the top of the waistband, and in it was that tea: on this he said he was sorry for what he had done, and it was the first time.

Had you at this time any tea of this sort on shew? - A great number, some thousands of chests; it was part of the prisoner's employment to nail up the chests where this sort of tea was.

Mr. Knapp. Was there nothing passed of holding out any favour to the prisoner at the time, to make him confess? - No, nothing at all.

The pocket, whatever it was, was open for any one to see? - No, it was not, till the skirts were taken up.

How long had this man been in the warehouse? - Three years.

I would venture to ask you this question; whether during this time, you had ever reason to suspect him before? - I cannot say I had.

He had been three years however? - Yes, he had.

Court. What had he on when he was brought down to the ware-house? - He had a coat and a great coat on.

Mr. Knapp to the Court. My Lord, we have not had the fact proved, that the

ware-house was the property of the East India company.

Mr. Garrow. There is not a single witness, my Lord, that has not stated it.

Court to Mr. Knapp. Under circumstances of this kind, I think it has been proved; but if it appears a doubtful question, and you wish to ask concerning the fact, let Mr. Tadmire stand up.

Court to Mr. Tadmire. From what warehouse are we to understand that the tea was taken; did it belong to the East India Company? - It did.

PRISONER's DEFENCE.

I am innocent of putting it in, my Lord.

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

GUILTY .

Whipped .

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17910608-13

238. JOHN STEPHENSON was indicted for feloniously stealing, on the 19th of May last, one pair of sheets, value 8 s. two cloth aprons, value 18 d. one coloured apron, value 6 d. three linen shirts, value 10 s. two linen pocket aprons, value 6 d. one cotton table cover, value 2 d. three linen towels, value 9 d. the property of Thomas Thomas .

ELIZABETH THOMAS sworn.

I am wife of Thomas Thomas . On the 19th of May we lost a pair of linen sheets, three shirts, two white aprons, and a coloured apron, two pocket aprons, worth all together, sixteen or seventeen shillings; I was ironing in the room above, when the things were lost; the maid came and called out I was robbed; and I came down stairs and missed the things, some off a horse, and some out of the clothes basket: my servant brought the things back, and the prisoner; her name is Sarah Millery .

SARAH MILLERY sworn.

The prisoner was in our house drinking a pint of beer: my master keeps the Guy Earl of Warwick in Gray's-inn-lane , a public-house; the prisoner afterwards went backwards into the yard, and when he came back again, he went into the back-parlour, and took those things out, a pair of sheets, three shirts, two aprons, and three linen towels, they were on the horse; he went out of the street-door, and I ran after him; he ran up Gray's-inn-lane, crossed Holborn into Castle-street; I halloo'd out, and he dropped the things just by Magpie-alley, in Castle-street; I picked them up, and Collingridge brought the prisoner to the house: my mistress has had the things ever since.

GEORGE GOODCHILD sworn.

On the 19th of last month I was looking through my master's shop window, opposite Guy Earl of Warwick, Gray's-inn-lane, and I saw the prisoner run out of the house with his apron full of linen. As soon as he came out, I saw some of the linen drop out of the cloth, and he did not stop to pick them up, from whence I suspected him; I ran out of the shop, and called stop thief; the prisoner ran up Gray's-inn-lane, cross Holborn, up Castle-street; I kept my eye upon him till he got nearly the top of Castle-street, and then he turned the corner of Magpie-alley; and when I got to the corner of Magpie-alley, I saw Collingridge had got the prisoner by the collar; I am positive to the man.

THOMAS COLLINGRIDGE sworn.

I stopped the prisoner in Magpie-alley, I was coming up Holborn, running among the rest, and did not know who the thief was till he dropped the clothes; I pursued him, and catched him; I took him to Bow-street, I took him to the house first, for the woman to go along with us, and there the property was sworn to.

GUILTY . (Aged 24.)

Transported for seven years .

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

Reference Number: t17910608-14

239. JOSEPH THOMAS was indicted for stealing, on the 30th of May , one handkerchief, value 1 s. the property of Samuel Skinner .

SAMUEL SKINNER sworn.

I am a butcher , No. 3, Brooks's-market. On Monday, the 30th of May, between six and seven, coming along Newgate-street , Charles Shipley tapped me on the shoulder, and asked me if I had lost my handkerchief.

CHARLES SHIPLEY sworn.

I am porter to Mr. Robinson, skin-broker, I was going along Newgate-street, and saw the prisoner take the silk handkerchief out of Skinner's pocket, and put it under his jacket; I stopped him, and took the handkerchief from the boy , and he was committed.

(The handkerchief produced and deposed to.)

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. COMMON SERJEANT.

Reference Number: t17910608-15

240. CATHERINE NEALEN was indicted for stealing, on the 30th of April last, a Bath-cloak, value 5 s. a japan tray, value 1 s. a tin saucepan, value 1 d. and various other things , the property of Robert Barclay .

ELIZABETH BARCLAY sworn.

I am wife to Robert Barclay , I live in the lower room; I was gone up stairs, and coming down, I saw the prisoner coming out of my room, with the things; I stopped her, and the said they were her own: my father, Robert Broughton , came to my assistance; we found all the things upon her, and the Bath cloak was hung over her arm; I charged a constable with her, and she was committed.

(The goods produced and deposed to by the prosecutrix.)

GUILTY .

Fined 1 s. and imprisoned a fortnight .

Tried by the London Jury before Mr. COMMON SERJEANT.

Reference Number: t17910608-16

241. WILLIAM NEWMAN and WILLIAM BOYD were indicted for stealing, on the 14th of May last, a linen handkerchief, value 15 d. the goods of James Mackaness , privily from his person .

JAMES MACKANESS sworn.

I am clerk to an attorney in Chancery-lane. The prisoner picked my pocket of a handkerchief, on Saturday the 14th of May, between eight and nine in the evening: I was coming down Chancery-lane , I had just made use of my handkerchief, and put it into my pocket, and somebody halloo'd out stop thief; the boy run down Chancery-lane, I followed him and stopped him, and the constable secured the other; the one I mean was William Boyd : the constable said, you have lost your handkerchief; I felt and missed it, the handkerchief was found on the prisoner Boyd; the constable shewed it me, he has it now. I had but just bought it in Holborn, there was no mark upon it, I am sure it is the same, I have the fellow of it.

JOHN STAPLETON sworn.

I am an officer. On the 14th of May in the evening, I was coming down Chancery-lane, about nine o'clock, I observed the two prisoners and another walking down behind the prosecutor; I had a suspicion they wanted to pick his pocket, I followed them: when they came opposite the New Buildings, I saw the little one (Boyd) take out his handkerchief, and give it to the other one, who put it in his pocket; I immediately crossed the way, and the other, who was behind, run away; I returned immediately

to Newman, and took the handkerchief out of his pocket; I found another upon him, I secured the two prisoners, I have kept the handkerchief ever since.

(The handkerchief deposed to.)

Prosecutor. I gave eighteen-pence for it.

Prisoner Boyd. I would be glad to go to sea, or any thing.

WILLIAM NEWMAN , WILLIAM BOYD ,

GUILTY, 10 d.

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17910608-17

242. ELIZABETH M'CORMACK, alias BOLTON , was indicted for feloniously stealing, on the 2d of June , one silver fork, value 11 s. the property of Ann Martin , widow .

JOSEPH MARTIN sworn.

I am the son of the prosecutrix, she lives at Knight's-bridge , I live in the house with her; she lost the fellow fork to this; the prisoner was cook in the house, this was the second time my mother had taken her, we had a written character with her; I missed the fork on the 2d of June from the closet in the middle parlour; since the robbery she expressed a wish to go. We found it at the pawnbroker's; he is here.

WILLIAM GARNER sworn.

I am a servant to Mr. Sinesa, Covent-Garden; I know the prisoner, I saw her twice; she never pawned any thing with me, she wanted to sell this fork on last Tuesday, the 7th of June, it is a silver fork, broke in two; she asked me if I bought old silver; I said yes; she produced this fork; I suspected it, being broken, and detained her.

CATHERINE WILLIS sworn.

This fork was missed about two, on Thursday morning, the 2d of June; it is marked with L. M. in a cypher at top, a four-prong fork; on the Wednesday night I put it into the closet myself, and locked the closet-door; the next day the fork was gone, I am sure of it; here is another the same, we have only these two.

PRISONER's DEFENCE.

Last Wednesday week, at night, Miss brought the knife-box down as usual, and this fork was in it; I put it into a kettle of water, and after washing my dishes put it into the kettle, it went into the sink; one end went in, and I was trying to get it out; it bent, and bent it so that I strove to straighten it, and it broke, and that is the truth; I would have wished to have made it good, and my mistress had hired a cook; then I told her I could not stay; I had a scald in the house, and came out to help her, I never robbed her; I meant to have made the fork good when she paid me my wages; I had all my witnesses here till nine at night, I did not think my trial would come on; I am a poor widow woman with three children.

GUILTY.

She was humbly recommended to the Court for mercy by the Jury .

Court to Prisoner. There is a considerable degree of aggravation in your offence; for though you have only stolen a silver fork, you have stolen the property of your mistress; but the Jury having recommended you to mercy, I think it right to pay attention to that recommendation, in hopes you will remember how kindly you have been treated by an English Jury; so that your sentence is,

To be confined one month in Newgate and fined 1 s.

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17910608-18

243. WILLIAM SULLIVAN was indicted for stealing, on the 1st of May , a wooden measure, called a peck, value 12 d. a half-peck, value 6 d. and a shovel, value 12 d. the property of Joseph Olive .

(The prisoner was taken in the passage, with the measures.)

GUILTY .

Fined 1 s. and imprisoned one month .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17910608-19

244. JOHN JENKINS was indicted for feloniously stealing, on the 1st of April , thirty-two yards of Scotch linen, value 20 s. four kerseymere shapes for waistcoats, value 20 s. twelve cloaks, value 4 l. fifteen yards of woollen cloth, called swan-down, value 4 l. twelve yards of kerseymere, value 40 s. six yards of duck, value 6 s. twenty yards of Irish linen, value 20 s. forty yards of muslin, value 10 l. twenty-six yards of Irish buckram, value 20 s. eleven night-caps, value 11 s. two yards of cloth, value 12 s. one hundred and forty-four waistcoat buttons, value 5 s. one hundred and sixty yards of black lace, value 8 l. fourteen yards of silk florentine, value 5 l. twelve yards of thread fringe, value 15 s. fifteen pieces of Nankeen, value 4 l. and one hundred and forty-four bed laces, value 9 s. the property of Samuel Nicholson and Robert Harrison , in the dwelling-house of the said Samuel Nicholson .

A second Count, charging him with stealing the same property in the dwelling-house of the said Samuel Nicholson and Robert Harrison .

(The case was opened by Mr. Garrow.)

THOMAS WHITEMAN sworn.

I am employed by Messrs. Nicholson and Harrison as a traveller in the country: the prisoner at the bar was their porter . In consequence of Mr. Nicholson's desire, and a suspicion which he had, I went down to Wells, and after some inquiry I found the prisoner at the house of Jacob Bartlett , a farrier, in Wells; I procured a search-warrant, to search Bartlett's house: when I went in, I inquired for the prisoner, and was informed he was below stairs in the kitchen, under ground: I sent down, in order to speak with him, but he would not come up; I went down, having assistance with me, and told the prisoner I had got a search-warrant to search the house, respecting a parcel of goods which had come down, which were suspected to belong to the prosecutor; he affected to know nothing about the matter; I do not recollect the words he said; upon that I observed to the constable and the vergers, who were with me, that we had better go up stairs, and search there: when we got up stairs, on the first floor, we found a trunk, which we searched; (the prisoner staid below stairs:) I do not recollect whether it was locked or no; in this trunk I found a great many suspicious goods, which I suspected might be the property of Messrs. Nicholson and Harrison; in the same trunk also were many of the clothes of the woman who cohabited with the prisoner. By this time there was word brought up stairs that the prisoner had made his escape: there was a young man with me of the name of Nesbitt; says I, Nesbitt, do you go after him, I cannot leave the house: after that, I went into another room on the same floor, a back room and a bed-room, in which the woman who went by the name of Jenkins at that time was.

Had you known her in London? - I had not. In the corner of the room were four or five boxes, some of which were locked; I asked the woman for the keys, which she readily gave; in these boxes I found a great many haberdashery goods; and at the foot of the bed, at the window, lay a chest; and I asked her for the key of that, and that I did not immediately procure: we got removing some part of these goods to the mayor's house: during this time, I set a man, in one room, to watch what goods I had there; and when I came back, I found this chest, which I had before left found,

broke at its hinges; I looked into it, and I saw clothes in it, it was not quite empty; and we went on to search again, and went up the second pair of stairs, and there we searched the bed; and between the bedclothes we found a great deal of sewing silk loose, in skains, about ten or twelve pound weight: then we came down to the bedroom, on the first floor; in a box, at the foot of the bed, not the chest, we found several more modes and Persians, in half or quarter pieces, quite new: then we proceeded to search the cellar again; or, as it may be called, the kitchen; the place where we first went; there we found some black lace and some Persian, just put on a shelf, put out of the way, in a place where they were liable to be spoiled: these goods were conveyed to the mayor; a part of which I proved to be the property of Messrs. Nicholson and Harrison, by their marks; I cannot swear to all, but I swear to some by the private marks of the prosecutor: the examination took place before the mayor, and Mr. Lovell, a justice; he was asked how he came by those goods I pointed out; he said he knew nothing at all about them: the mayor then enumerated several other articles, which are now produced; he said he bought them of the Jews; some others he said he had bought on board a ship, and pointed at the Nankeens. -

[Mr. Fielding, Prisoner's Counsel, moved the Court, that, before any further proceedings were gone into upon this trial, a felony should be proved. This was objected to by Mr. Garrow, as he conceived he had a right to carry on the prosecution in his own way; and if, at length, a felony was proved, I was sufficient. Mr. Fielding's objection was over-ruled, and Mr. Garrow directed to proceed, by the Court. The examination of the witness was then continued]

Whiteman. He was afterwards committed.

Have you since examined into the Nankeens which he stated he had bought on board a ship? - We generally tie up the Nankeens in bundles of ten pieces in each bundle, and we mark the outermost of them; one of these was marked by Mr. Nicholson himself.

Is there any regular course of their trade by which such goods are carried on board a ship? - No, not Nankeens; their trade is principally in the country.

Have you looked at any other articles; were there any marks on those which he said he bought of the Jews? - Yes, on two pieces of Scotch linen.

Are those the linens without stiffenings? - Yes.

Did you ever sell linen in that state? - No.

Then you was not present at the time the prisoner was taken? - I was not. (Some goods the witness selected before the mayor of Wells, and deposed to then, were now produced.) All these he said he knew nothing of; I found them with the other things which he said he had of the Jews, and bought on board of ship.

Did you find any cloaks? - Yes, scarlet ones; and at the mayor's he desired me, when I wrote home to Mr. Nicholson, to be as favourable as possible to him.

Did you give him any reason to expect he would be at all benefitted by making this confession? - I did not.

Did you threaten him? - I did not; I do not know I said any thing.

Mr. Fielding. There was one word you made use of, and very properly, and that was, that you do not know you made use of any inducement to make him say what he did? - I do not recollect what I said to him; I cannot swear I did not; for I forget what I said, as to the words.

You live with the prosecutors, Messrs. Nicholson and Harrison, as a rider? - I do.

In that employ you are mostly out of town? - I am.

It is not your business to transact the business of the shop? - I do frequently, when I am in town.

How long have you lived with Messrs. Nicholson and Harrison? - Since September last.

Of course, then, it is only from September last you can speak to the marks used

in this firm; what part of that time have you been in the country? - I do not suppose above five weeks in the house.

Five weeks, taken at different times? - Yes.

Then five taken altogether, at different times, is all the time that you have had opportunity of knowing the marks? - By no means; for I take patterns, that are marked, out with me.

How many people does Mr. Nicholson deal with in Somersetshire? - In Somersetshire there are many customers.

When you came into the house first, there were a great number of goods made up, with marks on them? - Undoubtedly there were.

They did not vary the marks at all? - I do not know they did.

So that goods sent out last month, or those that came out a twelvemonth ago, would be marked in one and the same manner? - Yes.

Do you know Mr. Scott? - Mr. Scott was a warehouseman to Mr. Nicholson when I first came into employ.

These Nankeens the mayor did not ask any question upon them? - The mayor enumerated the article of Nankeen.

Was that bundle of Nankeen produced and put before the prisoner? - All that the mayor asked was on the different goods that were there; the mayor asked the question; there are Nankeens, and several other articles, where did you get these?

He did not put any distinct question on that bundle of Nankeens? - No, not as to the producing of them before him.

Now then, when you went down to the house of Mr. Bartlett, you seem to have made the search immediately on your entering? - No, we went down into the kitchen below first, and there he was.

You got an easy access to the house? - Yes.

And was let in immediately? - Yes.

I believe, when you took away these goods from Mr. Bartlett's, you likewise took away a quantity of goods that were certainly not with any mark of Mr. Nicholson's; India goods, smuggled goods? - I do not know; I cannot swear to India goods.

They were goods, however, in this way of business, that you had not the least suspicion of their belonging to Mr. Nicholson?

Mr. Garrow. You do not mean to say that? - I did not mean to take any thing that I did not suppose or believe belonged to Mr. Nicholson, although I took away many goods that were not marked.

Jury. I think you said Mr. Nicholson never exported Nankeens? - Never, to my knowledge.

SAMUEL NICHOLSON sworn.

My partner's name is Robert Harrison : I am an wholesale haberdasher , in Cateaton-street : I have the dwelling-house; my partner does not live there, but he bears the expences of the house equally: the prisoner at the bar was in my service about four years; he was a very useful man, and was employed in the silk wrappers.

Did you employ the woman that you thought was his wife? - She was employed for a considerable time to make up scarlet cardinals, and hats, which we sell both abroad and at home; the man had so much the good opinion of us, that he used to take the cloth home, and cut it up at his own house, and the woman made them up.

When did the prisoner leave your service? - On the 25th of March: he applied to me to make him a warehouseman; as he was in every respect a very useful man, I told him, if you could any way try to write, I should give you the preference to any man I know: he told me he intended to try for such a place; I told him, I would have you to consider that you have a very advantageous place, and, added to that, your wife has work; and, if it is wages you want, four or five guineas a year more shall make no difference, for I will give it you: after two or three days, he said he would quit the place, and go and learn to write, and fit himself for a better place.

Did he intimate to you any intention of leaving London, and taking his wife with him? - No; but, on the contrary, begged

she might work for the house as she used to do; and a few days afterwards we had occasion to send to employ her: on inquiry, the house was found shut up, and he had left the place, having quitted it with great caution.

How soon after this was it you discovered he was at Wells? - About ten days or a fortnight before Mr. Whiteman went down. On finding he had quitted the town in that way, I thought it necessary to inquire more particularly what the neighbours would say, from which I had reason to believe that he was at Wells; in consequence of which I directed Mr. Whiteman to go down.

Have you since looked over any of these articles which are produced? - Here are forty-six yards black lace, I can swear to the mark on the card, it cost 2 s. 8 d. per yard; here are sixteen yards of Scotch linen, cost 10 1/2 d. per yard, an article bought in a state to be stiffened by me into buckram, and not at all saleable.

Did you ever sell any in that state? - No, except to one country customer at Norwich, and that must be at least two years ago. Here is another piece of buckram, cost 10 3/4 d. per yard; here is another piece of Scotch linen, unstiffened, of the same value of the former, 10 1/2 d.; here are forty-two yards of black lace, which have my own mark upon them, at 2 s. 3 d. per yard; here are thirty-eight yards and a half of black lace, at 15 d. per yard; here are twenty-six yards of Irish linen, in an unstiffened state, at 12 d. per yard; we have never sold any of this quality in that state.

Have you any doubt about that linen being your property? - I have not the smallest doubt of it.

Court. What is it worth? - Twenty-six shillings.

Mr. Garrow. What is the course of your trade respecting Nankeens? - Chiefly the country trade; and, in case of Nankeens going for exportation, they go without any mark upon them, with the other goods, on board of ship.

Are these Nankeens marked? - They are, one of them.

Then you are able to say, for a certainty, that that never was intended for your export trade? - I can beyond a doubt.

Whose marking is it upon these Nankeens? - These Nankeens have my mark, with my own hand-writing.

What is that piece worth? - About six shillings, or five shillings and sixpence.

What may be the value of all the property which you believe to be yours? - I did not make an estimate, but I believe it somewhere better than 200 l.

Upon looking at them, are you able to say that you have a strong belief that they have been your property? - I have, most certainly.

Now I will ask you a question; are you able, by any examination into the state of your affairs, to say whether you have been robbed or not robbed? - Our gross profits have been less for two or three years back, and I had reason to suspect that some one or other had robbed us.

That we may go to the whole fact, are you able to say that any particular piece, of Nankeen, or silk, or any other of the articles there, has been missed? - It is impossible I can, in my business; I am not able to say as to one article.

[Mr. Fielding submitted to the Court that they would not call upon the prisoner for his defence; Mr. Garrow objected; and the Court allowed the objection.]

Court. As to the Nankeen, that is certainly evidence for the consideration; but, as to the general evidence which has been given in this case, there is nothing at all applicable.

Mr. Fielding to Mr. Nicholson. You say there is a piece of Irish linen you never sell in that state? - Yes, there is, and it has my own mark upon it.

Can you say that Nankeen to be yours? - I say it was mine, and I think it is mine.

- SCOTT sworn.

I am employed by Messrs. Nicholson and Harrison, as a warehouseman.

Do you remember any night-caps being made for a customer? - They were bought

for a customer, and returned by that customer to our house.

Were such ever sold by the trade? - No.

Were they afterwards missing? - They were.

Did you find these night-caps on examining your stock? - They are amongst these articles.

(The night-caps produced.)

Did you ever sell such night-caps in your shop? - No, never in my life.

They ought still to be in your stock? - They ought.

What do you know of these kerseymere waistcoats? - They are damaged in the printing, and returned; and therefore I believe they were never sold; and they are not in our stock now, where they ought to be; because, being damaged, they are unsaleable.

To Mr. Nicholson. Why are they not saleable? - Because the colour of the spots and stripes is run into the ground.

What was the wages of this man? - Half a guinea a week.

How much might he make of his situation altogether? - Sixty or eighty pounds a year.

Mr. Fielding to - Scott. How many lived in the house of Mr. Nicholson altogether? - Five altogether, exclusive of Mr. Nicholson and Mr. Harrison.

Are you the sixth? - No, I am the fifth.

What is your employ? - My employ is to prepare the goods for orders.

Then you yourself do not make any bargain of sale with the different customers of Messrs. Nicholson and Harrison? - Sometimes I do.

Did you ever sell goods yourself? - I have.

Did you order goods without their knowledge? - I have.

Have you ever sold any goods to the prisoner at the bar? - I have frequently let him have goods.

How did he pay for those goods? - He allowed for them out of his wages.

Can you say whether you ever sold him a kerseymere waistcoat? - I believe I have sold him one waistcoat.

Do not you know that you have frequently let him have goods, and he was to pay for them out of the deduction of his wages? - Some goods he has had.

He used often to have small articles, and allow for them out of his wages? - That was very seldom the case.

Did you know the wife, or the woman he lived with? - Yes.

She was employed in making up cloaks? - She was.

Some goods then you have let him have? - I have.

Did you live in the house all the time he was there? - I was in the country about four months.

You might have sold many articles that Mr. Harrison and Mr. Nicholson might not know any thing of, except by your account? - Certainly I might.

You therefore have taken many goods out of the shop, have determined on the sale, made the agreement yourself, without the interference of your masters; so that it might have happened, that many of these articles, so sold by you, would not have been known by them as sold, unless Mr. Nicholson or Mr. Harrison should come to the spot and make the search; they could only rely on your account? - Certainly.

Mr. Garrow. My learned friend, by repeating it so often, has made it appear that you might have sold many articles to this man; how much might you have sold to him altogether? - About two guineas worth.

Were they things to sell, or for his own use? - For his own use, or his wife's.

Did you ever see him wear it afterwards? - I believe I have.

Did you ever sell him more than one waistcoat-shape? - I cannot positively say.

Had you any conception that he was going into trade that required such a stock as this? - I had not.

Did you ever sell him any quantity of sewing silk? - Never.

Any buckram? - Never.

Any Irish linen in an unfinished state? - Never.

Any night-caps? - Never.

- LUMBLY sworn.

I left the night caps at Mr. Nicholson's when I left Mr. Nicholson's; which was before this transaction took place.

- PALMER sworn.

I am the constable of Wells: the account, as given by Mr. Whiteman, of finding these things, is true: I went in pursuit of the prisoner, and found him standing still, near the Hovel-house, about half a mile from Wells, and about a hundred people about him.

JACOB BARTLETT sworn.

I was at my house at Wells when they came to search.

How long had these boxes and trunks been at your house? - One had been some time before he came down, and two more came down with him; what was in them I did not know; I never saw what was in them till I saw them before the mayor.

When he came down to Wells, had you and he any talk about the goods to which this letter relates? (A letter produced.) Did he inquire whether any boxes had come down before him? - He did; I had had advice, by letter, they were to come.

Is that the letter that brought the advice? - I cannot say, unless I read it.

In whose bed-room was it the chest was found? - In the room the prisoner lay in.

Do you know of any money he had when he first came down? - I know he had money, five or six and twenty pounds, or more.

What did he come down into your country for? - My wife died, and I thought that my daughter could mind my house, and, as I heard he was a young active man, I could learn him my branch of business, especially as I was in low circumstances.

Then when he came down what steps did he take for that end? - He paid the most of my debts; I owed, I believe, fourteen pounds, and was afraid of being arrested; and he laid me in a stock of leather besides, about five pounds worth or thereabouts.

How long had this partnership been thought of before he came down? - I suppose very handy on a twelvemonth.

How often, during that twelve months, did you receive goods of him? - I never received any thing but one box.

Some of these goods came to you by this letter, dated in February, 1789? - That was the first box that came down.

(The letter read by the clerk.)

Prisoner. I leave it to my counsel.

- LAMB sworn.

I live in Chiswell-street: the prisoner was a servant of mine about five years ago; he lived three or four months with me; I likewise gave him a character to Mr. Nicholson: I believe him to be a very good servant.

GUILTY, 39 s.

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17910608-20

245. THOMAS UNDERWOOD , and JOSEH WOOD were indicted for feloniously assaulting on the King's highway, William Beadle , on the 17th of May , putting him in fear and danger of his life, and feloniously taking from his person and against his will, one canvas jacket, value 6 d. one linen waistcoat, value 6 d. a shirt, value 12 d. one pair of trowsers, value 12 d. and ten halfpence, his property .

WILLIAM BEADLE .

Court to Beadle. What age are you? - Fifteen.

Are you acquainted with the nature of an oath; supposing you do not speak what is true now, in the testimony you are going to give against the prisoners at the bar, what will become of you? - I shall go to hell, my Lord.

WILLIAM BEADLE sworn.

On the 17th of May, did you see the prisoners at the bar, or either of them? - Yes, I saw them both; I was on the other side of London-bridge; I never was in

London before, I was asking for a lodging, and they brought me over to Saltpetre-bank , it was past six in the evening; then they knocked me down, took my money out of my pocket, and took my clothes which I had in a bundle; I lost five-pence: the clothes consisted of a jacket, a waistcoat, a shirt, and a pair of trowsers; I am very sure of the prisoners, I never saw them before, I never was in London before; my clothes were found on Joseph Wood , he was in a shop selling them in Rosemary-lane; a gentleman went and caught him, I was in the shop, and saw them there myself.

JOSEPH WEST sworn.

I am an officer, I produce the clothes; at ten at night Underwood was brought to me by the prosecutor and the other witness, and I went in search of Wood on his information, and found him in a shop selling the clothes; I took the clothes from him in the shop, and took him into custody; the clothes have been in my custody ever since.

(Deposed to.)

MATTHIAS TURTLE sworn.

As I was coming home from work, I came up Saltpetre-bank, I heard murder cried three times; the boy said he was a stranger, had been robbed, and was paid off; I was going to my lodgings in Rosemary-lane, I saw Wood with the property, and Underwood with him; I took Underwood to West the officer, Wood ran away with the property, and West and me went to look for him, and found him in a barber's shop, just by the deal-yard in Rosemary-lane, selling the property.

GERRARD PROUDFOOT sworn.

I never saw the prisoners before the night of the robbery, to my knowledge; I was coming down Rosemary-lane, between nine and ten; and at the corner of Mr. Maddox's timber-yard, I saw a number of people assembled; I asked what was the matter; the prosecutor told me: I said, any man is an officer to take a felon: I immediately took him in charge, it was about ten, and at eleven the same evening, we saw the prisoner Wood at a clothes shop, near to the place where I took the first man, disposing of the things for sale; I was in company with West, I cannot rightly say the name of the people that kept the shop, they were Jews; I am quite sure it was Wood, when I went into the shop.

PRISONER UNDERWOOD's DEFENCE.

I know nothing of the lad, I never saw him before.

PRISONER WOOD's DEFENCE.

I was along with the lad, he asked me to go along with him; I went very near as far as Deptford, and he said he would be very glad to go back to the lodgings; at Saltpetre-bank three lads stopped him, some of the lads run past me, and shoved the bundle away, and I picked it up.

Prosecutor. It was the two prisoners, and Underwood put his hand in my pocket, and stopped my mouth, that I assure you.

THO. UNDERWOOD, JOSEPH WOOD ,

GUILTY , Death .

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

Reference Number: t17910608-21

246. WILLIAM BATES , STEPHEN MACAWAY , and EDWARD GILLIKEY were indicted for feloniously assaulting Robert Adair , Esq. on the King's highway, on the 2d of June , putting him in fear and danger of his life, and feloniously taking from his person, and against his will, a watch made of gold, value 40 l. a gold chain, value 5 l. a cornelian stone seal set in gold, value 20 s. a gold key, value 5 s. an iron key, value 1 s. a leather purse, value 6 d. and six guineas his property; and a bank note, value 10 l. the sum of ten pounds secured thereby, then due and unsatisfied to him, against the form

of the statute, and against the King's peace .

The case opened Mr. Garrow.

ROBERT ADAIR , Esq. sworn.

On the 2d of this month I was returning from London to Endfield-highway ; about ten in the evening, near the eight-mile-stone, I was in a coach, accompanied by two ladies, and two children, and was stopped near the eight-mile stone, by three men armed with pistols and a cutlass, three footpads; one came on each side of the carriage, and the other went up to the horse's head; I did not at the time see him go up, they first directed us to get out of the carriage, but did not enforce the order; they opened the doors and mounted on the steps, demanding our watches and monies; it was not so light as to be able to see very distinctly; they took from me a gold watch, a gold chain and seal with coat of arms, and key; a purse containing a bank note of ten pounds, and six guineas in cash, and an iron patent key to an escrutoire, contained in a leather purse: I saw one of the ladies give something; the rest is hearsay. After the robbery they dropped from the side, and left the door opened; I saw no more of them. They swore a good deal, and used intimidating and gross language, but no other bad usage; there was a cart which I got behind, and I saw them no more. One of them gave one of the horses a blow; we proceeded to Ponder's-end, where there was some of the militia, we sent them to pursue them, they returned without success. We went to Enfield-highway, I went to the ale-house, and sent for the constable, I ordered my groom to go with him to town, to lodge an information at Justice Spiller's, and also at Bow-street: the officer's name was George Law , my Groom's name is Joseph Gouland .

Mr. Schoen, one of the Prisoners' Counsel. It was so dark, Sir, you could not see distinctly? - I could not.

To Mrs. Bristow. Was you in the carriage at the same time Mr. Adair was robbed, Madam? - Yes, I was.

Did you lose any thing? - Yes.

Mr. Schoen. I object to this; that is the subject of another criminal charge in this court, and I am sure on having an opportunity, by another indictment which lays before you of inquiring into the loss of Mrs. Bristow will not multiply charges on this indictment; she has a charge before the Court, that is before you and the Jury to decide, and regularly, whatever she has lost, is the subject of inquiry on that charge.

Court. What her evidence will be, I do not at present know; but in the present opening, it seems to me it will be material; the articles were afterwards found in the chaise, in which the prisoners were, and will have an influence on this trial.

Mr. Garrow. You lost your watch, Madam? - Yes.

Have you seen that watch since? - Yes.

(The watch produced and deposed to.)

Mr. Knapp, another of the Prisoner's Counsel. It is not evidence at all for her to prove her property.

Mr. Schoen. Have you had that watch long? - About nine months.

Are you able to ascertain the number? - No.

Nor the maker's name? - No; it is a silver watch gilt, the chain and the seal, from the appearance of them all together, I can say I had such; it is a small antique, I had such an one.

GEORGE LAW sworn.

What are you? - I am by trade an hairdresser and barber, and constable of Endfield-highway. I was sent for to Mr. Adair at the King's-arms, I went with his groom Joseph Gowland in search of three men; I hired a post-chaise, the lad drove with reins in the manner of a return, and the groom with him, I was inside; I told him if he saw any body, to call out, London boy; we saw three men before us at the hill that rises to Tottenham High-cross; I told the lad to draw on the near side of the people

on foot, and they said, are you hired? he said no: they said, what shall we give you to ride to town? he said eighteen-pence a piece; they said they would give two shillings; he made them answer that was too little; he said get up; I opened the chaise door, I said, young men, I will get out; they said, no, Sir, do not by any means; I said yes, I have my dog with me, and I will get out; so I got, and they got in, and I got on the bar by the postboy and groom, and I fell a singing, and the groom sung likewise; I says to the groom, I shall be at home before you: and he said his wife would be angry with him, and we went on gently as far as the sign of the Ship; I said to the man I will get down, it is very heavy driving, here is a shilling for you; he stopped for a minute by way of excuse, and the chaise came up to the turnpike; he opened the gate, and let the horses just through, and I took them all three in my arms, and said, you are all my prisoners: I secured them, and never parted with them till they were committed; I first insisted on searching them, and they gave me some very rough language, that I should not search them, they had done nothing bad, and they would not be searched by me, unless I shewed them my authority; then they said I should search them, which I did as well as I could, and they got out one at a time; at last Bates said he would get out, and the groom was with a stick at one door, and the post-boy at the other. I searched Bates, but found nothing particular on him; then there came up three gentlemen and assisted us; then Gillekey came out second, and Mr. Lindo got into the chaise, and delivered to me these two watches; they are the same I received from him, there was a brace of pistols brought in by somebody at the gate, they told me they brought them out of the chaise, they were not loaded, and these pieces of a bullet I found in Bates's breeches pocket; a guinea dropped when I was searching Mackaway, but I cannot say where it dropped from; no more money was found on them that night only six pence. When they were searched on Friday morning, six guineas and a half in a bag, was found upon Mackaway.

Mr. Knapp. How far is Tottenham-High-cross to the place where you took the chaise? - It is more than four miles.

How soon after you took the chaise, did you come up to the persons you describe? - As near as I can guess, it was three quarters of an hour, or an hour.

Perhaps you might have got three or four miles further? - I do not know, I am not used to these things. I have had the watches ever since I took them before the Justice.

GEORGE CLAYTON sworn.

I am servant to Mr. Dundas. On the 2d of June I was driving my coach on the road to Enfield-Highway, about ten in the evening, much about the eight-mile-stone, three men met me; I saw them seven or eight yards before me, they came to my horses heads, and said stop, stop! damn your eyes stop, or I will blow your brains out; I did not stop immediately; but one of them was separate from the other two, he went right before the horses heads; caught hold of the near horse's bridle, and said, if you do not stop, I will blow your brains out; the other went up to rob the passengers; and after they had done, there was some signal given, and he that had hold of my horse, gave him a cut with a stick, and let him go; says he, damn your eyes, drive on, or I will blow your brains out.

Was you able to discern their persons? - One of them, the man on the right hand, that is Bates, he had hold of my horses, and presented the pistol to me.

Are you sure he is the man that stood at the horse's head? - That is the man that stood at the horse's head.

Are you sure of it? - I am certain of it.

Court. Have you seen him any where any time before? - I have seen him several times before, but I cannot recollect where.

Are you now certain that is the person? - That is the man who had hold of my horse's head.

Mr. Schoen. Mr. Clayton, as you have ventured to say you have seen this man before,

and as there is a reward in this case, I think that you should tell us, where you have seen him; because if you do not do that, we shall give no credit to your having seen him at all? - I cannot say where I have seen him in particular.

Will you venture to swear, you ever saw him before? - No, my Lord, I will not swear to that.

Now, a little as to this night; this was ten in the evening, and as we have heard from your master, whom I would rather trust than you, it was a dark evening, he says he could not see? - It was so light, that I could see him perfectly well.

Had this man on a round or a cocked hat? - He had a round hat on; he was at my near horse's head.

Now I will venture to ask you, do you venture to swear to him, from a supposition of having seen him before, which you cannot prove; or whether you had at that light such a distinct view of him to know him again? - I had a distinct view of him.

How long did this transaction take up? - About eight or ten minutes.

Now, as to his coat, will you venture to swear that his coat was not a black one? - Yes.

It was not a blue coat? - No.

It was not brown? - It was a dark drab colour.

That you could see at ten at night? - Yes.

As well as you could see his face? - Better of the two.

You say this was ten or twelve minutes? - Yes.

As we have heard the transaction stated, it does not appear to me that it would take up so much time; was it five minutes? - It was more than five minutes.

Was it seven minutes? - Yes.

Court. During the time this man stood at the head of the horses, your attention, I suppose, must be engaged entirely in observing him and no other object? - I had him under my eye, for I was afraid to look off him, for fear of having my brains blown out.

Therefore your observation was confined to his person? - My eye was particularly upon him.

Can you venture to swear positively, that that man you speak of now, was at your horse's head, from the observation you made at the time? - Yes, he is the very man that was at the head of my horses.

Unassisted from any observation you made of him before? - Yes.

JOSEPH GOWLAND sworn.

I am groom to Mr. Adair, I was with the postchaise in pursuing these people, I got some information of them at the Golden Fleece, I came up to them on this side the Ship at Tottenham.

What passed on your coming up? - Before we came within thirty yards, we cried London, hoy, for to take up passengers; when we came along-side of them, they halloo'd out, and asked what he would take for them to Shoreditch; the boy said eighteen-pence a piece; they said that was too much, the boy agreed to take two shillings; the constable came out; they said, do not let us disturb you; they got in, and the constable got out, and pretended to give him a shilling, and bade us all a good night, and we wished him a good night; we staid a little that the constable might get on; the gates flew open, I saw no person at the gates; as soon as we got half way through, the constable stopped the chaise, and took the three young men; the prisoners are the three young men; I saw the pistols, a gentleman, Mr. Lindo, brought the pistols first, and then the two watches.

Mr. Knapp. What time was this? - To the best of my remembrance, it might be between eleven and twelve.

How far off the turnpike from Tottenham-high-cross? - I really cannot say, from Enfield Highway I believe it is five miles, as nigh as I can guess; it was half after eleven or twelve before we finished the job.

ISAAC LINDO sworn.

I came up to the turnpike when the chaise came up, I got into the chaise as the third man was getting out, and found a brace of

pistols in the front pocket, and I found two watches close together under the cushion of the seat; I delivered the pistols to the postchaise-boy: when I found the watches, I carried them in my hand till I got into the turnpike-house; then I took down their numbers, and delivered them to Mr. Law, they were the same watches which I found in the chaise.

Mr. Schoen. You know pistols are commonly put into the pockets of a chaise? - Yes.

In travelling, is it not a very common thing to take the watch out of your pocket, and put it into a place of security? - I never did myself.

Have you ever travelled at night? - I have all hours.

Can you judge what other people do? - No, I cannot; as I never did it, I suppose they do not.

Do you mean to answer me? - I do upon my oath; I never knew that any body did do it, and therefore I must suppose they do not do it; I never heard of any person who hid a watch in my life.

Mr. Garrow. Do not be alarmed, you are just in the same situation with me, for I never did neither.

(The watch deposed to by Mr. Adair.)

Mr. Adair. It is a new watch which I have had by me some time, it is scratched in the opening, which I observed before I lost it: it has my seal of arms to it.

Mr. Garrow. Had you been into this post-chaise, and hid your watch? - No, I had not.

Mr. Schoen. You do not know the number of this watch? - No, I do not, I have not had it above nine months.

It is a very common watch? - It is a very dear one, it cost me forty-seven guineas.

You do not mean by saying it is a dear one, that it is an uncommon one? - No.

THOMAS LEE sworn.

You went with this chaise? - Yes.

Did you search the chaise before you set out? - Yes.

Was there any pistols in the pockets? - No.

Any watches under the cushions? - None at all, I turned the cushions.

When you came towards the hill, did you see any body? - We came up with three men about one hundred yards on this side the ship; I saw them in going along the road, and halloo'd out, London, hoy, once or twice; and they said, stop, my lad, are you going to town; and they asked me if I would take them to town; I said yes, at one shilling a piece the tall one said, I cannot afford a shilling a piece, we will give you two shillings for the three; well then, says I, jump in, somebody that can afford must pay another time; Law got out, they would not have had him he said he was going to Stamford-hill, he got out there, when he came to the turnpike gate, and halloo'd out gate, I drove the horses through, the constable came and opened the chaise door, and clapped his hands round them, and said, you are all three my prisoners; the constable said, I know it very well my lads, I hired the chaise for you, I had a suspicion of you; they said they would not get out, they would be searched in the chaise; he could not search them properly, so the groom said, he insisted on the constable doing his duty, and they were searched, one at a time, in the turnpike house. This gentleman, Mr. Lindo, jumped into the chaise, and I with him, as close as I could, he put his hand into the pocket of the chaise, and gave me a brace of pistols; I delivered them to Law, they were the same I saw Mr. Lindo find in the pocket of the chaise, which he delivered me; and then he got the watches, and I delivered them to Mr. Law.

Mr. Knapp. Do you search your chaise in general? - When we deliver a gentleman we sometimes search when we come in, and sometimes when we go out.

You did not find any watches in the last journey? - No, I searched for my short whip.

JOHN ARMSTRONG sworn.

I was present, and searched the prisoners at the office at Shoreditch; I found seven guineas and a half upon Mackaway, and three guineas on Bates, and nothing on the other.

Mr. Schoen. You knew that these men were searched the day before? - Yes.

Do not you, who have long been an officer, know, that if they had had a mind to have got away any thing, they had an opportunity? - I do not say but they might.

Court. Were they in custody all night before they were brought to the Justice's? - Yes, they were brought early in the morning to Shoreditch, and I let the officer, being fatigued, be in the watch-house with them; they have not been in my custody, from the time they were first apprehended.

Prisoner Bates. I leave it to my Counsel.

Prisoner Mackaway. I leave to my Counsel.

Prisoner Gillikey. I leave it to my Counsel.

EDWARD SANDERS sworn.

I live at Temple-bar, I work for my brother and sister, they keep a shop at Temple-bar; I have known Mackaway three years, I have employed him a twelvemonth, he used to go on errands for me; I have entrusted him to go and fetch money, I never knew him wrong me of a farthing in my life.

MARTIN JONES sworn.

I live in Golden-lane, I am a watchmaker: I have known the prisoner Mackaway seven years, perfectly well, I have never heard any thing dishonest of him in my life; I have trusted him in my house, and I never found any thing deficient.

- FOWLER sworn.

I have know the prisoner nine months, a very good character.

SUSANNAH JONES sworn.

I have known the prisoner ever since he was born, a very honest lad.

MARY PARKER sworn.

I have known him above a twelve month, a very honest, sober lad.

ELIZABETH APPLETREE sworn.

I have known him ten years, a very good character till now.

ANN TODD sworn.

I have known him twelve years, I never knew any thing amiss of him before in my life.

CHARLES BLUNT sworn.

I know Gillikey, a very honest lad; I have known him thirteen years.

GEORGE WELCH sworn.

He has lived with me three years, a very honest and just character.

CHARLES MORTON sworn.

I have known him four years, very honest as far as I know.

ROBERT GORDON sworn.

I am his father in-law; I have known him fourteen years, a hard-working industrious man.

CATHERINE WELCH sworn.

I have known him six or seven years, always honest.

MARY BRIAN sworn.

I have known him twelve years, a sober, honest, industrious lad.

THOMAS SLATER sworn.

I have known him ever since he was born, an excellent character.

W. BATES, aged 22. S. MACKAWAY, aged 17. E. GILLIKEY, aged 19.

GUILTY, Death .

All three recommended to mercy by the jury and by the prosecutor, on account of their youth, and making use of no violence .

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

Reference Number: t17910608-22

247. THOMAS MUNDAY and WILLIAM DYER were indicted for feloniously and burglariously breaking and entering the dwelling-house of John Barton , about the hour of ten at night, on the 19th of May last, and stealing therein one pair of linen sheets, value 5 s. one cotton counterpane, value 2 s. two linen shifts, value 3 s. one pair of corduroy breeches, value 2 s. two linen table-cloths, value 2 s. one cloth coat, value 2 s. a silk work-bag, value 2 d. one pair of iron knee-buckles, value 1 d. the property of John Barton ; and one pair of linen sheets, value 5 s. the property of Mary Newmarsh , widow .

MARY NEWMARSH sworn.

I lived in Chopping's-court, Old Gravel-lane : I am a widow, and kept John Barton 's house, while he and his wife went into the country, on the 19th of May, there being no one in the house but myself and my three children: about half past nine, to the best of my knowledge, I put my children to bed; and afterwards I went out, and locked the door, and took the key in my hand; I was not out about half an hour; I found the door, when I came back, on a jar open, when I went out, the sash of the window was fastened down, and a bell in it, and I shut-to the shutters; and when I came back the shutters were shut-to, but not fastened, and the sash was thrown open, and a pane of glass broke out; I found a tea-chest outside of the door: when I came up stairs, I found missing, by examining of the drawers, one pair of linen sheets, a counterpane, two linen shirts, one pair of corduroy breeches, two linen table-cloths, one cloth coat, a silk work-bag, and a pair of knee-buckles, the property of John Barton ; and one pair of linen sheets, my own property: I do not know that the prisoner took the things, I never saw him till I saw him before the justice.

JOHN RILEY sworn.

On the 19th of May, between ten and eleven o'clock, I was going home to Old Gravel-lane, which leads to Farthing-fields; I saw Munday with a bundle; I knew him before; they were both in company; I followed them to a place called Farmer's-street, in the parish of St. Paul's, Shadwell; I saw them run up an alley; I followed them, and saw Dyer standing by the corner of a shed; I took hold of him, and searched him; I found nothing upon him; I am a constable; I called out to one Mrs. Smith for a light, in the mean time Dyer, made his escape: when the light came, I went and looked in the shed, and - found the prisoner Munday and this property, I took them, and have had them in my custody ever since.

(The property produced, and deposed to.)

Prisoner. Mr. Riley, was not you tried once for felony? - I was once tried in a court of justice, and honourably acquitted.

Court. What was the charge? - It was for felony.

PRITCHARD SMITH sworn.

On the 19th of May, late at night, I was at home, and heard somebody cry out, Mrs. Smith, bring me a light; I wondered who it was, and asked who it could be; Mr. Riley said, it is me; I then went down, knowing the voice, and Mr. Riley had hold of a man by his collar, and he was asking him what he had with him; he said, nothing at all; with that he took up the bundle into his hand, and brought the man through the passage; and I heard the man say, Ryley, take the bundle, 'tis not worth grass.

PRISONER MUNDAY's DEFENCE.

On the 19th of May I was going along Wapping, and a press-gang coming after me, I ran into this empty place for a shelter till the gang went by, and that man came and took hold of me, and collared me, and asked me what I had got there; I told him nothing; some woman brought a light, and he found this property; I know nothing about the property at all; this man has been convicted, and been aboard a ballast ship.

PRISONER DYER's DEFENCE.

I am very innocent; I know nothing of this offence; I have friends, but they are

down in the country, and very poor, so as not to be able to come up.

Jury. Have you ever lived in London? - Yes, about three months.

Have you worked for any body? - I have worked for Mr. Smith, Cheapside.

THOMAS MUNDAY , WILLIAM DYER ,

GUILTY , Death .

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

Reference Number: t17910608-23

248. ISABELLA STEWARD was indicted for feloniously stealing, on the 28th of May , in the dwelling-house of John Goodman , one box made of paper and rushes, value 1 d. twenty-one guineas in gold, and a fifty pounds bank-note, the property of Elizabeth Morgan .

ELIZABETH MORGAN sworn.

I was at a visit at my brother-in-law's, Mr. Goodman, he lives at the Salisbury coffee-house, Durham-street, in the Strand ; while I was there I had a little box taken out of my big box, containing all this money in it, a fifty pounds bank-note, and one or two and twenty guineas, I cannot tell which, in the little box; there was no else went into the room, or into the house to my knowledge, therefore I charged the prisoner, she was a servant; some of the property was found upon her, the fifty pounds bank note; Croker found it; he searched her.

JOHN GOODMAN sworn.

I keep the Salisbury coffee-house; the last witness is my sister-in-law. On the 20th of last month the prisoner came to me to be hired as a cook , she told me she lived with Mr. Hooper, the King's-head, Twickenham, the last place; and that Mrs. Hooper, in order to prevent trouble, had left her character with Mrs. Gillam, a housekeeper in Crown-court; I went to Mrs. Gillam, she gave her a very good character for honesty and sobriety, as if ordered by Mrs. Hooper. I saw Mrs. Hooper afterwards, and it was a fiction. She had given her no order, she had lived with her. On Saturday the 28th, the day week after I hired her, she went out, and returned much the worse for liquor; she went out the second time, and did not return till near eleven o'clock, very much intoxicated, and went to bed: about one o'clock my wife came down to me to inform me that her sister had been robbed; I went up to her room and enjoined them silence; accordingly I recollected the Brown Bear in Bow-street, and went there, and staid till Croker came in; I then went with him to my house, and opened the business to my waiter, and had him examined, and had his box opened, and nothing was found; we then proceeded up to the prisoner's room, she was locked in and in bed; after some time we got her to unlock the door, and let us in, and then seized the prisoner's pockets; and in one pocket we found some silver and some copper, and in the other four guineas and two half guineas, and the paper and rush-box, and the bank-note in it.

HENRY CROKER sworn.

I produce the note, I found it in the prisoner's pocket in this box (a box produced of rush and paper) wrapped up in this India paper.

ABRAHAM NICHOLLS sworn.

I am Mrs. Morgan's brother; she had this bank-note from me; the number is 1609, the date 27th of November.

Court to Mrs. Morgan. Was that the note you had of your brother that you lost? - Yes, it was.

ELIZABETH NORMAN sworn.

On the 28th of May the prisoner came to me about eleven o'clock at night, I was in the bar making six-penny-worth of brandy and water; she said she wanted to speak to me, and would wish me to go into the kitchen with her; I said it was a busy night, what she had to say she might say in the bar; she said it was only to deposit a little

money with me till Sunday or Monday, and she left fourteen guineas with me, and at the same time she borrowed eighteen-pence, and for my trouble took a glass of rum.

PRISONER's DEFENCE.

I have seen no person in gaol, since I came into it; the gentlewoman that I put the money with was an old neighbour, and I had received it of my husband, who is at sea. I never was in the room where the money was taken out of, in my life; I know nothing about the notes. The pockets were none of mine.

The prisoner called Mrs. Norman to her character.

GUILTY , Death .

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

Reference Number: t17910608-24

249. THOMAS CLARKE was indicted for feloniously stealing, on the 20th of March , one boiling copper, value 10 s. belonging to Richard Mortimer , fixed and fastened to a certain empty house of his , he the said Thomas Clarke having no title, or claim of title, thereto, against the statute, and against the king's peace.

RICHARD MORTIMER sworn.

I lost a boiling copper on Wednesday, the 20th of April, a little after one o'clock; I saw it in its place a few days before, affixed in Brick-work: I saw it after it was missing, at a public-house, next door to my house, where it was taken from; a man informed me he had taken the prisoner with the copper upon him.

THOMAS STAINER sworn.

I am a bricklayer, I was at work on Wednesday, the 20th of April, at this house, and went to dinner and returned; the house was empty, I went into the parlour, and in a few minutes I thought I heard a noise, I looked down the passage, and saw the prisoner with the copper in his hand, pouring some water out of it in the yard; I ran to him, he dropped the copper, and endeavoured to make his escape; he had not run but a very few yards before I caught hold of him; I took up the copper, and have kept it till now, it was all sooty, I fitted it to the place.

The copper deposed to by the bruising of the rim.

PRISONER's DEFENCE.

I had just finished my work, and they took me.

GUILTY .

Whipped and imprisoned six months .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17910608-25

250. JOHN HARRIS was indicted for stealing, on the 1st of June , one linen handkerchief, value 1 s. the property of Henry Brewer .

HENRY BEVERS sworn.

On the 1st of June, about ten in the evening, on Wednesday, coming up Snow-hill , I felt a pull at my coat; I suspected my pocket was picked; I put my hand in my pocket, and found my handkerchief was gone; I immediately saw a man and a boy close by me, I seized the man; he said, how can you imagine a lame man could pick your pocket; his hand was bound up, I saw the boy running away; I pursued pursued him, and brought him back to the man, and at that time the patrol came up, and the boy gave the handkerchief from out of his bosom; then I gave charge of him.

- ROBERTS sworn.

I am warder; the patrol brought the boy and the handkerchief to the watch-house, and I gave the handkerchief to Mr.

Barton, constable of the night, Willey, the patrol gave me the handkerchief.

- WILLEY sworn.

I am patrole I heard a noise on Snow-hill, and went up, and saw the prosecutor with the prisoner, and saw the prisoner take the handkerchief out of his bosom, and took him to the watch-house.

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

GUILTY .

Transported for seven years .

Tried the London Jury before Mr. RECORDER.

Reference Number: t17910608-26

251. ROBERT BRODIE was indicted for stealing, on the 6th of June , twenty yards of callico, value 40 s. the goods of Edward M'Murdoch .

Mr. Garrow opened the case.

JOHN GARDNER sworn.

I am a labourer to any gentleman; I was employed for Mr. Peasty, at Clay-hall , which is about a quarter of a mile from these grounds; last Monday I saw the prisoner come down the fields, untie a bundle, and take out a piece and tear it; I went to him, and asked him what he was going to do with it; I did not know him; he told me he did not know; I directly took him into custody, to this house at Clay-hall, the nearest public-house; I sent for Mr. Fletcher, he works for Mr. M'Murdoch; I asked him whether he knew that piece; he said yes; and Mr. Fletcher disposed of him afterwards.

Mr. FLETCHER sworn.

I am a callico print-cutter, the prisoner is a glazier ; I was at Clay-hall, the last witness brought him in with a piece of callico. (The cloth produced.) This is my master's property, I know it to be so, I knew the pattern before, Mr. M'Murdoch's name is upon it, it is in a finished state except glazing; they sell it in this state sometimes, I should know the pattern. The prisoner said, pray let me go, I will not face Mr. M'Murdoch; I delivered him to the constable.

WILLIAM LANE sworn.

I superintend the business, the prisoner is a glazier, he might earn three pounds a week; it was his duty to have glazed it; we deliver it as it is, we print them; I heard of it on Monday, I said I was sorry to hear it; he said very little about it.

- SEYMOUR sworn.

I am headborough, it was delivered to me, it has been in my custody ever since.

PRISONER's DEFENCE.

I was not in my senses when I did it; I never yet earned thirty shillings a week.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17910608-27

252. JAMES DILLON was indicted for feloniously stealing, on the 23d of May last, a brass-fronted wind-up jack, value 6 s. and two iron screw-bolts, value 3 s. the property of Clement Batstone .

CLEMENT BATSTONE sworn.

I lost the things from a workshop in Rider-street, St. James's ; I did not see the prisoner take them, he had worked for me two or three days before, but not at that time; I paid him off on a Saturday, I missed them on Monday the 23d of May, about two o'clock. I never recovered them, neither the jack nor the bolts.

ANN LYNCH sworn.

On the 23d of May I had been looking out before my mistress's window in Rider-street, and observed a man standing in the street, which I thought he had been an uncle of mine; in the mean time I saw James Dillon , the prisoner at the bar, coming from Mr. Batstone's shop, with the winding-jack in his hand; I saw him come from the shop, I did not see him come from the door, and I saw the prisoner give the jack to a man who stood by, and the man was on the opposite side, and received the jack, and I saw the prisoner returning to the shop, he went up to the door, but I did not see him go in: I saw the man go away with the jack.

Did you observe what kind of a jack it was? - It was a small brass-fronted iron wind-up jack.

Prisoner. How high was you up stairs when you saw me? - I was at the first-floor window, and I saw the prisoner out underneath the window.

Did you see me give a jack to any person? - I saw you give it to a man on the opposite side of the way, and he beckoned you to come over.

Court to Mr. Batstone. Did you lose the bolts with the jack? - I missed them at the same time; I saw them both there on Saturday, and missed them on Monday.

JOHN HOWSY sworn.

I am a carpenter. On Monday the 23d of May I was at work in Duke-street, St. James's; in passing along to Mr. Batstone's shop, to borrow a hammer, I perceived the prisoner at the bar and two more in very deep consultation; as I was about half a

yard from them, I heard the prisoner mention to them, that when he repeated a whistle, they were to come up; this was in Ryder-court, in Ryder-street; I immediately was struck with a suspicion, and made a stop, and heard him repeat the whistle again; I went to Mr. Batstone's other shop in Ryder-street, he has two shops, and I saw two men, one about fifteen yards distant from the shop, and one about twenty-five yards distant, both fronting the shop; I received the hammer of the boy, and proceeded to my work; about half an hour after, I heard a robbery had been committed, and I communicated my suspicions.

WILLIAM GALE sworn.

I am a smith, I work in the next shop to Mr. Batstone's. On the 23d of May I was coming along from my dinner, and I saw a man going along with a couple of large bolts under the end of his coat, just turning into Ryder-street; I stood and watched him, and the man ran along as fast as he could; by that I takes myself as fast as I could to Mr. Batstone's shop; and when I came there, the prisoner at the bar stood in the shop, leaning on one of the vices; I asked him if any of the workmen had been in the shop for any iron bolts belonging to the building that Mr. Batstone worked for; he told me no; I asked him how long he had been in the shop; he said half an hour; and then I thought I had no more business to ask him, for I thought he was one of the workmen, not knowing he was discharged.

Court to Batstone. Had any part of this property ever been recovered? - No, none at all.

PRISONER's DEFENCE.

I came to work in the morning about eleven or twelve, and Mr. Batstone asked me why I did not come sooner; I said I could not come sooner; says he, I have put on another man in your stead; says I, that is rather too sharp, without letting me know it; I went out, and going along Ryder-street, I met this man (pointing to Howsy) and he asked me where I was going; I told him I was going to look for work, and I went down to Westminster, to seek for work, and got work on the Tuesday following at Mr. Egerton's, and was going to work at the time I was committed.

The prisoner called Mr. Egerton and one more, who gave him a good character.

GUILTY . (Aged 57.)

Whipped and imprisoned one month .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17910608-28

253. JOHN AMBURY was indicted for feloniously stealing, on the 21st of April , one wicker bread-basket, value 6 d. six quartern loaves, value 3 s. 7 1/2 d. one three-penny loaf, and one penny brick , the goods of Lucy Davis , widow .

GEORGE THOMAS CURL sworn.

I live with my aunt, I left all the things in the indictment at the corner of Norris-street, Hay market , on the 21st of April, on Thursday, about a quarter past eleven o'clock; I recovered them in about an hour after, in Great Earl-street, the prisoner had hold of the basket; I asked who it belonged to; and the prisoner said to him; it was standing in the street; I told him it belonged to me, I lost it in such a place; he said it belonged to his master, Mr. Paine, Piccadilly, he wanted me to go to Mr. Paine's with him; he took up the basket, I laid hold of it, and said he should not go till I got a constable; I sent for one, but could not get one. He again took up the basket, and I went to lay hold of it, and he knocked me down, I fell against the other witness's knees, Thomas Roberts , who came up, and we secured him I took the bread and the basket to the Justice's with the prisoner,

and they said, I might keep the basket, the bread would be of no use.

(The basket produced and deposed to by knowing it by sight a year and a half, ever since he lived with his aunt.)

Court. Does any body else carry bread, besides yourself, in this basket? - Yes, the man servant does.

Was there the same quantity of bread in it when you found the basket as when you lost it? - All, except a penny brick; I am sure it was the same bread and basket.

THOMAS ROBERTS sworn.

About a quarter after twelve I was coming from Great Earl-street, and I saw the prisoner at the bar and this boy having a scuffle about this basket of bread; I said nothing at all, nor interfered till the prisoner knocked the boy down; he gave him a blow on his forehead, and I catched him as he was falling; then he asked him if he would give him his basket, and go away quietly; I advised him so to do, but he would not; he said he lived with Mr. Paine, and he would take me along with him, if I would go with him; afterwards he made some objection, and said he would go to Litchfield-street; I took him there, the magistrate told the lad to take the basket home, and put a mark upon it, that he might know it again.

Court to Curl. Did you mark the basket? - The officer that went home with me put six notches on it, just by the handle.

PRISONER's DEFENCE.

I was going along, and out of place, and I met a baker, and asked him, if he could inform me where I could get work; he said he would, if I would go along with him; we went into a public-house, and had some beer and gin, and coming along afterwards, he asked me to carry his basket for him.

The prisoner called one witness to his character.

GUILTY . (Aged 20.)

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17910608-29

254. MARY WOOLLEY was indicted for feloniously stealing, on the 19th of May last, a pair of linen sheets, value 9 d. a woollen blanket, value 3 d. a woollen coverlid, value 6 d. the goods of Henry Bennett .

Mrs. BENNETT sworn.

I am the wife of Henry Bennett ; on the 19th of May in the evening, or the 20th in the morning (my husband lives in Newtoner's-lane ) the things were taken from one of our houses in that lane, let out in tenements, and these things were taken out of a room not let out, all the rest were let out. The woman was a stranger; we recovered them all again on the 26th, they were in her possession; I went to where she lived, and she was but just got up, and dressing herself, and when she saw me, she hustled them all of a heap; I had seen her before, and the prisoner might know me, I took the things; I have the things ever since.

(The things produced and deposed to.)

Why did you suspect the prisoner? - On the 20th of June I was called up about six in the morning; some of the lodgers came and told me that the front door was broke open: and I was informed that the prisoner at the bar was seen to walk about the door that night.

HENRY BENNETT sworn.

On the 20th of May I found the room broke open, and missed the things; we found the woman and the things on the 26th.

CATHERINE STEWARD sworn.

I saw the prisoner round the street door before the door was broke open in the night, and I found it at six o'clock the next morning.

PRISONER's DEFENCE.

A lodger of Mr. Bennett's took a man up stairs, and robbed the man of his watch, and the man went up and broke open the door, and it is very likely to suppose that some body might go in and take the things: that is not the sheet they took from me, nor the blanket; the blanket they took from me was not worth a halfpenny, only fit for a house-cloth.

GUILTY . (Aged 30.)

Fined 1 s. and imprisoned six months .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17910608-30

255. THOMAS PARKER was indicted for feloniously stealing, on the 2d of June , an iron stone-mason's hammer, value 18 d. an iron crow, value 18 d. the property of John Williams ; three iron stonemason's saws, value 4 s. an iron padlock, value 10 d. the property of Henry Vines and William Moreland , and an iron plaisterer's hammer, value 10 d. the property of John Carr .

JOHN WILLIAMS sworn.

The tools mentioned in the indictment were left in a hole locked in a building belonging to Mess. Moreland and Vine, at Islington, except the plaisterer's hammer; on the night of the 1st of June I locked the hole, it is in Scot's-place Islington , about half past seven; I was not the first to work the next morning, but I saw the tools at the Justice's. The constable has them here.

THOMAS FRANKLIN sworn.

I produce the tools all but the hammer, which I returned to the men, after I marked them; I have three stone mason's saws, a padlock, an iron crow, a mason's hammer; I am sure they are the same I received from the magistrate.

JOHN CARR sworn.

I am a plaisterer ; the plaisterer's hammer is mine.

CONRAD LAWYER sworn.

I am a pastry-cook; I saw these tools in the hole where they were locked up, I did not know any body was there; I use the saw-dust, and I went accidentally, I heard somebody, and I thought somebody was in, and I pushed open the door and went in, and I found the prisoner in the hoard, I saw the things all packed up in the hoard in this waistcoat (produced) together; I asked him what he did there: he said he looked after the Irishman who had been in the hoard, and had ran off; he asked me if I did belong to the premises; I told him no; I told him he should come along with me; he did; and the next day he was taken to the magistrates.

JOHN PITT sworn.

Look at these articles produced: did you see them in a jacket in the hoard? - Yes, the jacket belonged to John Williams ; I took charge of the things at Justice Clarke's, and saw them all carried there, and from the Justice's, they were carried to Franklin's the constable's.

Court to Franklin. Are they the same things that were brought to you? - They are.

Court to Pitt. You was there the Wednesday night; was he taken that night? - Yes.

Were the things when you found them, in the same state as they were left? - No,

they were not, they were all left straight, and not in the waistcoat, nor huddled up together.

To Williams. In what state were they left? - They were left straight.

Were they left in the waistcoat? - No, they were not.

Carr. I went away about a quarter after seven, I left my hammer in another house, not where this hoard is.

To Pitt. Was this hammer carried to the Justice's? - It was, it was taken out of his pocket.

To Carr. Is that your hammer? - Yes.

How far is the house you left it in to the other? - About fifty yards.

(Deposed to.)

Williams. I depose to the hammer and the crow to be mine, and the saws belonging to my master: I cannot say as to the padlock.

PRISONER's DEFENCE.

I am very innocent, I had not a halfpenny worth about me, they were very spiteful; I told them I only saw two Irishmen there, and they ran away.

GUILTY . (Aged 36.)

Whipped and imprisoned six months .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17910608-31

256. JAMES HOLLAND was indicted for stealing, on the 18th of April last, divers carpenters' tools, value 17 s. the property of John Branham and others.

JOHN BRANHAM sworn.

I am a carpenter , I work in Bishopsgate-street, Farrer's-rents , I lost my tools on the 18th of April, the prisoner worked at the same buildings; he left work at six and we at seven in the evening; we put up our tools in the shop and store-room: we came to work at five in the morning, and they were all gone: I lost all the things mentioned in the indictment, (enumerates them) he left the buildings till the Saturday after; we found all the things by Mitchell meeting the prisoner on the 10th of May in Chiswell-street.

THOMAS WRIGHT sworn.

I know no more than the other witness has told you, only I lost the things mentioned in the indictment.

(Enumerates them.)

LAWRENCE MITCHELL sworn.

I work at the same building, and lost the things mentioned in the indictment; (enumerates them) I met the prisoner on the 10th of May in Chiswell-street, and followed him to Beech-lane, and saw the tools with him, and I stopped him.

(A plough produced and deposed to.)

WILLIAM BURKE sworn.

I am a carpenter, I work at the same buildings, I lost the things mentioned in the indictment, (enumerates them). I found some of the things at the prisoner's lodgings, in the Borough.

The CONSTABLE sworn.

I found all these tools at the prisoner's lodgings; he told me they were his lodgings.

(The things produced and deposed to by the several prosecutors.)

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. COMMON SERJEANT.

Reference Number: t17910608-32

257. ANDREW BEARDSON and JAMES MACLOCKLIN were indicted for stealing, on the 21st day of April , two pieces of oak timber, value 4 s. the property of Thomas Winckworth .

THOMAS WINCKWORTH sworn.

I am a master carpenter and builder ; I am building Mr. Turner's house in Newgate-street , I live in Silver-street, Wood-street; the prisoners were employed on the 21st of April at the building; they stole two pieces of oak from the building, as mentioned in the indictment, they had been dead shores in the party walls, I put them in myself about five years ago; I ordered my men to take care of those pieces of timber, and told them all in general, that if any of the men should take any of the timbers away, I would prosecute them; I went to dinner at half past two; at four I returned, and they were gone.

JOHN CAMIN sworn.

I work for Mr. Winckworth as a carpenter; these two pieces of oak were taken out of the wall; I met Beardson with one of the pieces, and made him take it back again; when I got back again, the other piece was gone, which I found at a coffee-house the corner of Newgate-market, down in the cellar, and I carried them back to the building, and put it within the hoard.

SCRIVENER ELLIS sworn.

I was at work at the same building; I saw the two prisoners handing a piece of timber out of the hoard, out of the buildings; the last witness stopped them, and went immediately to look for the other piece, which he brought back from the coffee-house.

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

Prisoner Beardson. I have nothing to say, only I have been in England but nine days.

The prisoner Beardson called one witness to his character.

Mr. MUNN sworn.

I am in partnership with Mr. Clarke; I am a bricklayer: Maclocklin has worked with me and my uncle twenty years, and should be willing to employ him again; I am sure he is as honest a man as any labourer that works under us: I never knew him guilty of any thing bad.

Jury. Did you see the prisoners moving the timber from the hoard entirely? - They had both hold of it, but I was at the further end of the building; but before I could get to them, they had got it quite out of the hoard.

BOTH GUILTY .

Whipped , and imprisoned a fortnight .

Tried by the London Jury before Mr. COMMON SERJEANT.

Reference Number: t17910608-33

258. WILLIAM ABBOTT was indicted for stealing, on the 14th of May last, one hundred and fourteen pounds weight of bees wax, value 10 l. the property of Joseph Sabine , and others.

JOSEPH SABINE sworn.

I am a gangsman of Botolph-wharf ; Robert Waghorn , John Salmon , Thomas Knight , James Bullock , Henry Ventress , John England , Timothy Hewlett , Thomas Hinton , and Jonas Dear , those are all our gang; I lost this bees wax: I did not see it taken.

JETHRO SHIPLEY sworn.

I saw the prisoner lower with a cord this bees wax from one story into the gateway: it was loose in a cake in a bag when he lowered it, and a man below took a cord to the mouth of the bag; I went and put the wax in its place; the man that was below

away, the prisoner remained above; the wax was carried to the place he took it from in the warehouse up stairs; I found it in the gateway, just where it was dropped; the prisoner was searched for, and found in a garret on a beam; he said, I desire you will not use me ill; I sent for Mr. Hunter the constable, I have seen the prisoner sundry times, I am certain it was the prisoner; this is the same wax.

JOHN LOUGHMAN sworn.

The prisoner was employed as a labourer , I locked all the doors of the warehouse about one.

Court to Sweatman. What time did this happen? - About two o'clock; how he got in I know not, he was paid about one o'clock; I am certain I locked the door, and the prisoner came down before me, I came down to work again, with my master at two o'clock, and I did not hear of the wax being gone, I shut the garret-door myself; there is a communication from the garret all the way down to the bottom.

WILLIAM ISLES sworn.

I am clerk to the East India Company at Botolph-wharf, I heard of the wax being lost in the Company's office; I went and searched the garret, and found the prisoner upon a beam concealed; having a stick in my hand, I thought I saw something by the shade of a candle, I struck him twice on the legs, and he came down, and desired that we would not use him ill, and I charged him with the constable; there was another man in the garret, and I searched a second time, but we could not find him.

Court to Loughman. Was this man found in the garret that you worked in? - No, there are many garrets belonging to other porters.

THOMAS HUNTER sworn.

I am constable at the Custom-house, I only took charge of the prisoner and the wax, about two o'clock; the wax was given me by Sweatman, I have had it in my custody ever since. (Produced and deposed to by the gangsmen.) There is no mark upon it; I verily believe it to be the cake of wax that was in the warehouse, and taken out of a cask to be tared, and could not be got in the cask again; the other cake was rather smaller than this.

Sweatman. I saw the wax within the forty-eight hours before it was stole.

PRISONER's DEFENCE.

I was at work in the building from ten to one; the man in the smock-frock knows that that man employed me to carry a parcel to Bishopsgate-street, and he would give me a shilling and a pint of beer, I was told it was cheese, and I knew nothing to the contrary; the wax I knew nothing of, but if this was any part of the wax that was weighed at the key, it weighed one hundred two quarters fourteen pounds, and was marked at the top of the wax the weight of it.

GUILTY .

( Whipped .)

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17910608-34

257. WILLIAM SINGLETON was indicted for feloniously stealing, on the 30th of May last, twenty-seven yards of callico, value 27 s. the property of Matthew Pickford and Thomas Pickford .

The case opened by Mr. Garrow.

JOSEPH BUCKLEY sworn.

I am porter to Mr. Miller, Manchester warehouse-man, No. 28, King-street, Cheapside; I packed up some goods, and delivered the goods at the usual place, the Swan with Two Necks, Lad-lane , at the warehouse door; I delivered them the 26th of May.

JOHN MARTIN sworn.

I am head porter to this waggon, they have several packages; the prisoner was a porter under me between two and three years; on the 30th of May last I was at the Crown in Lad-lane, having a pint of beer, and the prisoner went up Swan-yard, and turned to the right hand; I went up in about two or three minutes, and could not see him; in half an hour he was coming down the yard with a bundle under his arm; I said, Singleton, what have you got? he says, some linen: says I, let's see; they were tied up in his apron; I said, pretty linen, indeed; says he, master be as easy with me as you can: I said, damn me, where did you get them? he said, I took them out of the wrapper.

Court. Did you promise that in case he would confess, you would shew him favour? - No, Sir, I sent for a constable, and carried him to the compter; on the Monday we rummaged the warehouse, between the warehouse and the stable there are some iron bars to give light; behind some straw in another warehouse we found the wrapper, that was a place it should not have been in; it had been opened and sewn up again.

(The wrapper produced and deposed to.)

BENJAMIN DIXON sworn.

I received these goods from Martin, this is the same apron, I saw nothing of the wrapper.

Court to Miller. That is the same wrapper you found in the stable? - Yes.

ROBERT MANTON sworn.

You are in the employ of Mr. Miller? - I am.

Look at some of these things, and tell us whether they are the property of Mr. Miller? - When I took it out of the sheet that contained the goods, when it came up from Manchester, I saw this remarkable stain upon it; I called Mr. Miller to shew it him.

Are you sure that was one of those you delivered? - Very confident of it.

Buckley. The direction is my own handwriting.

JOHN JACKSON sworn.

I prove that the names are properly spelled in the indictment.

The prisoner called four witnesses to his character.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. Baron PERRYN.

Reference Number: t17910608-35

260. WILLIAM HAYNES was indicted for feloniously stealing, on the 21st of March , a silver watch, value 30 s. and another, value 26 s. the property of John Beck Heather .

A WITNESS sworn.

I am servant to Mr. Heather, pawnbroker , Long-acre . The prisoner at the bar came into the shop, on the 21st of March last, and asked to look at some silver watches; I handed him down two, and he looked at them, and he asked me to look at a metal watch; I left those two silver watches on the counter, to reach for the metal one, as he wanted, with a long handle, and in that moment he made off with the silver watches, and went out of the shop at the front-door: I saw him go out, I cannot say I saw the watches in his hand when he went out, but I saw them in his hand the minute before. and I missed the watches from the counter; I pursued him but did not see him; I saw him again on the 23d or 24th of May, about two months afterwards at Guildhall; I have never seen the watches again at all; I went to Guildhall in consequence of being informed that a man was taken up on suspicion,

and went to see if that was the person, and I recollected his face again.

Was he long enough in your shop, so as you can say decidedly that is the man? - I can.

Have you any doubt about it? - I have not.

How long was he in your shop? - About ten minutes.

What may the value of these watches be? - They had cost as much as laid in the indictment; one cost thirty shillings, the other twenty-six shillings. It is uncertain what they would have sold at.

Prisoner. How long is it ago since these watches were first missing? - The first of March last.

Was there many people in the shop? - Only one person as I recollect.

Who was that person? - There was a woman standing pretty near you, on the same side of the shop.

Do you know that person? - I know her very well; she remained after you was gone.

Court. What is that person; is she of a good character, how does she get her livelihood? - I do not really know, but I fancy she is a woman of repute; she lived then in the neighbourhood.

That woman is not here? - No.

How came you not to have that woman her? - She could not recollect his face.

What time of the day was it? - About eight in the evening.

When he went out of the door did he run or walk? - I did not see him, after he got out of the door.

How did he get out of the house? - He pulled the door open.

In what manner, when he left the counter, did he go out? - He went out in an instant, quite abrupt.

Prisoner. Have you no reason to suspect that person in the shop? - I had not.

You did not search her? - I did not.

It is very extraordinary you should not see the watch go out; as that woman came to pawn things, she might be distressed for money.

Court. Was she, when in the shop, near the counter, so as to have the watches within her reach? - She stood very near to the prisoner.

PRISONER's DEFENCE.

I am entirely innocent of the fact.

Court. Did the woman come in before him or after him? - She came in I believe after him.

GUILTY, 39 s. (Aged 25.)

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17910608-36

261. CATHERINE BRYANT was indicted for feloniously stealing, on the 11th of May , thirty-six yards of black silk ribbon, value 12 s. the goods of Joseph Winskell , privately in his shop .

JOSEPH WINSKELL sworn.

I am a linen-draper and haberdasher ; I can swear to the property.

MARY HACK sworn.

I live with Mr. Winskell, No. 114, Long-acre . On Thursday, the 11th of May, the prisoner came into our shop between four and five o'clock; there was no person in the shop but myself; she asked to look at some tape, I shewed her some, and she bought as much as came to one penny; she gave me a shilling, and I gave her sixpence in silver, and five penny-worth of halfpence in change; she took up the change, and then asked to look at some black ribbon at three halfpence per yard; I took out the box of ribbons, and shewed her some; she said it was too narrow, and would not do; she then refused the six pence I gave her, she had then had it five minutes or more, and asked me to change it; I took

the six-pence and went to change it, and then she appeared in great confusion, and asked me if I would give her some ribbon, at two-pence one yard only; I had changed the six-pence before I gave her the ribbon; she then gave me the two-pence for it, she then went out in a very great hurry: I missed a piece of black silk ribbon containing thirty-six yards immediately out of the drawer; I looked about and could not find it, I then followed her and brought her back, I found her two doors from our house talking to another person; I asked her if she would be kind enough to walk back, and she came back; she came into the shop, and was in great confusion, and would not stay; Mr. Winskell was up stairs, and the servant met me in the shop; I sent her to call Mr. Winskell, and just before he came she dropped the ribbon, I saw her drop it, it dropped from her left side; she turned round and dropped it, and said, there lay my ribbon. I am quite sure I saw it drop, and when I went out I passed that place, and saw the place quite clear; I told her she had no call to drop it, I was certain she had it; I gave it to the constable.

JOHN SHARRARD sworn.

I produce the ribbon, I received it from the constable, and Sir Sampson ordered me to keep it.

Prisoner. I would ask whether the ribbon was not in the shop, when you brought me in? - I am sure that the shop was clear, and that the ribbon was dropped in the shop.

(The ribbon deposed to by Mary Hack and Joseph Winskell, by having the private mark of the shop, and never having sold such an article; he had had it two or three days, and it cost him seventeen shillings and six-pence.)

PRISONER's DEFENCE.

I sell things in the street; I went into this shop for a yard of ribbon, and three yards of tape; I am sure I was twenty minutes in the shop, and this lady came out after me, and asked me in: and when she got in she turned round and found this ribbon, and picked it up, and the gentleman that stands up there says, let the woman go away; but she said no; I will hang her if it is possible.

GUILTY, 4 s. 11 d. (Aged 50.)

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17910608-37

262. THOMAS EVANS was indicted for feloniously stealing, fifty pounds weight of lead, value 5 s. belonging to Thomas George , affixed to his dwelling-house .

THOMAS GEORGE sworn.

I live at Islington, in the parish of St. James, Clerkenwell . On Easter Sunday Morning I missed about nine feet long and two feet wide, of a lead gutter, affixed to my workshop, called a melting-house; at nine o'clock on Saturday night, I saw it was all safe; when I was first before the Justice, I could not positively swear to it, but it was brought up the next day, and I saw it fitted, and I am now very well satisfied it is my property.

WILLIAM COPPING sworn.

On Easter Sunday morning the 24th of April, I was going up Vine-street, Clerkenwell, and I saw the prisoner with a bag on his shoulder; I suspected him, and followed him to Turnmill-street, and got up to him in Turnmill-street, and said to him, my friend, what have you got on your shoulder? and he would not answer me just then; then I spoke to the person that was in company with me to open that bag; he did; his name is Henry Kepwell ; I asked the prisoner

where he had got it; he told me he had found it; that was all I could get out of him then; I took him to Bridewell; and the next morning Mr. George came to look at the lead, but he could not swear to it; but I went and fitted it myself to the building, and it exactly corresponded; there were five hooks left in the wall, which had fastened the lead to the wall, and there were the five holes in the lead, which those hooks had made.

HENRY KEPWELL sworn.

I was with the last witness; I opened the bag, and looked in, and found some lead tied up in a coarse towel, about 51 lb. weight.

Had it the appearance of lead that belonged to a gutter? - Yes, I was up on the place, and tried it, and it exactly agreed; and I think it was positively taken from that building.

PRISONER's DEFENCE.

I belong to the ship Sallust, that lays at King John's stairs; my master sent me with a bundle to Islington, to his wife; coming back, I found this bundle; I looked at it; a gentleman by said, he dared say some people had stole it, and thrown it there; and accordingly I put it on my shoulder, and that gentleman here stopped me; I told him the same

Court to Coppin. Did these words pass between you and him when you took him? - They did not: he only said he found it.

GUILTY . (Aged 21.)

Transported for seven years .

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

Reference Number: t17910608-38

263. JOHN HURST was indicted for feloniously stealing, on the 24th of April , one linen shirt, value 2 s. one pair of worsted stockings, value 4 d. and a linen handkerchief, value 4 d. the property of Bernard Clemens .

BERNARD CLEMENS sworn.

On the 24th of April I lost the things in the indictment; they were lost from the stable; I live at the Bush, at Staines ; I know nothing of the things being lost, only the things that were found upon him; I had seen them about twelve o'clock, and missed them about half an hour after.

A WITNESS sworn.

I found the things on the bridge, the new bridge, where the barge horses go over near Egham.

THOMAS HALL sworn.

I was going from Egham to Staines with a saddle-horse: when I got to Staines, I saw the prisoner, and he asked me what sort of a job I had, and if I would treat him with a pint of beer; I had seen him before; I did treat him; and I told him, if he would go with me to the Red-lion, I would treat him with another; we went there; and while we were there, he asked me to buy a shirt, a pair of stockings, and an handkerchief; I told him, if I could buy the things worth my money, I would; he went out, and he said he would go down the Bush yard, to fetch the things; I told him I would not go with him, he might go himself; in the mean time, I called the hostler out of the yard, and asked him if he knew any body that had lost any such things; I told him, if he thought the prisoner had come by it honestly, he would buy them, for I thought he wanted as bad as I did; they told me that they knew somebody that had lost such things out of a stable, and they suspected the prisoner to have got them; they told me to go a little way over the bridge, and make a bargain with him, but give him no money; I did so; he gave me a shirt and a pair of stockings, and asked me what I would give for them; I said he should set his own price; he said, a shilling and a pint of beer; then he pretended to go under the bridge, to do his occasions; in the mean time I beckoned to the two young fellows that followed me,

to come and take him; and they did so, and took the things.

(The property produced, and deposed to.)

PRISONER's DEFENCE.

I found an handkerchief by the side where some waggons stood all night, and these things were in it; I never saw that young man before in my life.

GUILTY, 10 d.

Fined 1 s. and imprisoned six months .

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

Reference Number: t17910608-39

264. WILLIAM WARING, alias GEORGE WARREN , and JOHN OXTON , were indicted for feloniously stealing, on the 18th of May , in the dwelling-house of John Fitshee , three Bank notes, value 20 l. each, and eighteen guineas in money, the property and monies of Alexander Johnson .

(The case opened by Mr. Garrow.)

(The witnesses examined separate.)

ALEXANDER JOHNSON sworn.

I am a merchant ; I reside at Elgin, in North-Britain, and sell all kinds of goods. I came to London a few days before the 18th of May, when I was at Mr. Brewer's, the Swan with Two Necks, in Lad-lane; I breakfasted in the coffee-room, with a countryman of my own; and going out, I asked the waiter to shew a good house to purchase hard-ware; he told me of different houses: a man on the opposite side box said, Are you going to buy hard-ware? I said I was: he asked, What sort are you going to buy? if you will go along with me, I will take you to the best house in London, for I came from Birmingham yesterday, and am a partner in a house: there was another man, myself and countryman, and the person who spoke, the prisoner Warren, went out together; the other man has escaped; my countryman's name was John Mullen ; Mullen had forgot something, and went back to the coffee-house, and asked Warren for a direction where he should join them; this was just across the street; Warren gave him a direction to a house of which the last name of the firm was Johnson, and told him the street, and the number of the house; we went on, to go to the warehouse, and I asked him if it was far off; then we went on, and came to a public-house in Bunhill-row, kept by Fitshee; I asked him whether we were now near the warehouse; he said, just by, but he had some errand to call on at that public-house; he asked me in; he should not stop, he would not desire me to sit down; we went into the house, and Warren called for a room; I sat down at the head of the table, and Warren on my left, and the other on my right, who has escaped; they asked me to drink; they called for a glass of rum and water; I refused to sit down; before that was come, a stranger came, and begged pardon for coming in, but asked leave to sit down; that person was Oxton; he sat by, at a little distance, and began talking that he was very much fatigued with his journey, for he had come about ninety miles; he asked Warren, (who called himself Johnson, describing himself as the last person in the firm; he had heard my name in the coffee-room, and shook hands with me; glad he was to see his namesake, and would serve me still on lower terms:) Oxton asked Warren if he should be able to get him a porter, to shew him (Oxton) the other side of the water; he wished to get an honest man, for he was a man of property, that he might not be taken in by him, as being a stranger: Warren said to him, he did not appear to be a man of property; Oxton seemed to be affronted at this; he put his hands by the side of his coat, and pulled out a quantity of notes, in a shabby-looking pocketbook, and said, I have fourteen or fifteen hundred pounds, why do you talk so to me? A parcel of beggars and day-labourers, to

talk to me in such a stile! You cannot even shew me gold, instead of Bank notes! Warren took out of his pocket one or two guineas, and said, here is gold; says the man who escaped, I do not know whether I have gold or no, and pulled out a guinea or half a guinea; and Warren asked me if I had any gold; I told him I had got no gold, nor silver, except half-a-guinea: Oxton then said, I will hold you twenty pounds to ten, that you do not produce me an hundred pounds; this he said to Warren: Warren then asked me if I had got any notes about me; I told him I had not, but I had some bills on banks here, and I was going to purchase goods, and should draw the money that afternoon: Warren said he was going to the Bank this afternoon, and to do some business for the house, and to draw money; he seemed very glad, and said we will both go together; Warren had laid down the bet of 10 l. note, and Oxton laid down the 20 l. note, as they said it was, I did not examine it, and they were put into the other man's hands, and we went away to the bank together, I and Warren, according to agreement, and got the bill accepted for next day; Oxton and the other man staid in the public-house till we were to come back: Warren said, as we could not then be paid, what will you do now? I said it made no odds to me: he then advised me to go to some place and buy five pounds worth of goods, and they would give me the balance: I then said, I would call on Mr. Clark, an acquaintance of my own, and he probably would discount it: I did not know the distance, he said: we took a coach, and I told the coachman to drive to the Swan with Two Necks, and Waring called there for Mullen, and then we went to Mr. Clark's, and he discounted the bill; I desired him to stay there till I returned; when I came back, he was in Lad-lane; he asked me whether I had done my business, and got the money now: I told him I had got a check on Mr. Clark's banker, and was going to get the money; he seemed to be very glad; I asked Waring where he was going to draw his money, to make his shew; he said, I have done that, I have drawn three or four hundred pounds; he asked me what banker I had got the check upon; I told him; he asked me if I knew where it was; I told him no; he said he would go along with me; he did so; I presented the check, and was paid in four 20 l. Bank notes, nineteen guineas, and a shilling; this was paid in the presence of Warren: we came out of the Bank; Warren seemed very glad, and said, now we will take a coach; in the coach he told me he was a man of fortune, seven or eight hundred pounds a year, besides his business, and would serve me remarkably cheap; we found Oxton and the other man exactly as we left them, and sat down on the same seat, and Warren sat on my left, and Oxton asked Warren if he had done his business; he said he had. Warren and the other man asked me what I would drink; Oxton says, taste something now you have been out; he asked me to drink some wine and water; I did. I then told them I had occasion to go to the door; I was going out at the front door, and he pulled me by the coat, and said, here was a more private place, and I wished still to go out at the fore-door; they said this is the room, then they wished me to drink again. Oxton began talking, and said that last night he picked up a girl at Covent Garden, and went home with her, and there was a person in the house, and the supper not being ready, he and the person had amused themselves with chalking; Warren said to Oxton, let me see what chalking for money is; I know not what it is: Oxton says, if I had a piece of chalk, I would let you see. Oxton got a bit of chalk, I do not know where he got it, and laid his hat down; the other man was entertaining me about Scotch cattle, stating that he had formerly been a drover; then about two minutes they had a good scolding, Oxton and Warren had, and Oxton rose up to get away; and then Oxton said to Warren, can you let me see the money you promised to produce? Yes, Warren says, I can shew you money and more, and laid down his pocket-book and did not take out the notes;and says, Mr. Johnson, how many notes, or how much money have you got? I cannot positively recollect: he knew perfectly well what I had, and I think he said how much money I had; he desired me to take out my money; I then took out my pocket-book, and took out of it four twenty pound bank notes, the notes I had received at the banker's, and laid them down on the table, and my left-hand firm on the notes; my nineteen guineas in gold was in my right-hand pocket: Warren says, take out your gold; I then took out eighteen guineas and put it down, and had hardly counted it, while Oxton wished to get a hand of the money; my left hand was both upon the money and the notes; indeed both my right-hand and my left; I put the guineas on the notes, just by the edges; and while I put my right hand into my pocket to take out the gold, my left hand was on the notes, and I kept both my hands on the notes: Oxton then put up both his hands for the money; I did not know what he meant: Warren was on the right-hand, Oxton was at the foot, holding out both his hands for the money; Warren then lifted up my left hand to enable him to get the money by force: his right-hand was towards my left, he griped it up, and assisted Oxton with the money. He kept my hands with one hand, and shoved the money to Oxton; and the other man that has escaped, he took hold of the other hand, and assisted likewise. Warren swept it cross the table to Oxton, both the money and the notes; the other man assisted likewise, just as Warren did. Oxton took the money and notes right off the table, and put it into his pockets, and was going off with it to the door immediately, as quick as he could; the man on my righthand, who escaped, followed Oxton as fast as he could, and Warren was the last out of the room. I attempted to get out before him, and he pushed me back, till he got out. When he went out at the door, he shut the door after him as fast as he could: I lost sight of him till I opened the door, and I went after them; they all three went out at the outward street-door; I looked round me when I came out, and I saw Oxton running down the street as fast as he could. I saw the other two at the same time, Warren running the same way as Oxton; I observed perfectly where he run to; Warren went into some place and shut the door, but I still ran after Oxton; the other man ran a contrary way. I followed Oxton, and called out stop thief; a young lad took him hold by the tail of his coat: I come up to him in a very short time, the lad had him; this lad and another man was holding him when I came up to him: I laid hold of him by the breast, and brought him to Mr. Fitzhees public-house, where we were before, and into the same room, and he asked me what he had got of me; says I, four twenty pound notes, and eighteen guineas in gold; he acknowledged he had; and I said to him, give me my money this moment: yes, says he, I will give you your money, but I do not choose to do it before so many people. I ordered the people all out except six or seven: I shut the door upon them, I then come back to get my money of him: says I, give me my money now; he then said no, without that the whole of the people should go out; I then told him I would have my money directly; Oxton then put his hand into his breeches pocket, and took out the gold before these persons: he says, there is the gold, and was counting it on the table, and the constable was wanting to get in, and Oxton told me to let nobody in; the door not being open, the constable opened a window and got in, and asked what was the matter; then Oxton put the money into his pocket again; I told the constable what was done, he demanded the money, and Oxton refused to give it at all; he then seized him immediately, and took the money out of Oxton's pocket, four twenty pound notes, and the gold; he took the twenty pound notes from his right waistcoat pocket, I am not certain as to the gold. The constable then told him he must go to the Justice; and the constable and I, and two or three more, came out and had a coach, and conveyed him to a magistrate, and there he was committed.

(Cross-examination of Mr. Johnson.)

Mr. Fielding. Have you been in town before? - No, never out of Scotland before.

What became of Mullen? - He went home about a week after this happened.

You knew the town; was not you recommended to any body in town? - No.

How long had you been in town? - About four or five days before this happened.

How old are you? - About twenty-four.

You seemed to have closed your acquaintance with Warren very easily? - I took him to be a friend, to be sure.

What made you take him to be a friend, only having that small opportunity of knowing any thing of him? - Because I did not presume that any body would do such a thing, whom I found at such a respectable coffee-house.

When you went away from this public-house with Warren, what should lead you to discount your bill at this time? - Because I wished to draw my money from the banker's to buy goods.

What time of the day was it you returned to this public-house, before you saw Oxton? - Between one and two o'clock.

Did you mean to purchase articles that day? - I did positively.

Why did not you go? - Because I could not get them out of the house.

When you came back to this house, and had changed your note, you complied with Warren's request to go into the house; why did not you say, I cannot go into the house with you now? - He had this other man there that made up to him in the coffee-house, and he would call upon him before he would go.

Then when he had an opportunity to go in and call upon his partner, what should induce you to go into the room, or to stay there; did you at all at that time, tell him you could stay no longer? - I did, I told him I did not choose to sit down at all.

Why did you not choose it? - Because I wished to do my business.

If you was determined to do your business, how came you to be such a fool as to take out this money? - Because I was attending upon Mr. Warren.

What was there that induced you, wishing, as you did, to buy your goods, to have pulled out your money? - Because this man, Oxton, called us all beggars before.

What should induce him to call you beggars? - Because he had so much property upon him.

So that he was vapouring you were beggars, and not fit to compare to him, and that was the reason, you, in order to shew you was no beggar, went to the banker's to get this money? - I told him I was going to draw money in the afternoon.

What induced you to tell him you was going to draw money in the afternoon? - I do not know what induced me, I did not think of any accident happening to me.

What time was this conversation about beggars? - About eleven o'clock, or a little after.

Did Warren join any part of that conversation? - Yes, he did; he seemed to be a stranger, and as if he had never seen Oxton before.

You was willing to shew you was not a beggar? - Warren asked me if I had any money on me to shew we were not beggars.

Was there any bet made between you on this discovery? - Yes, after that Oxton said, I will hold you twenty pounds to ten pounds a-piece, that you do not produce me a hundred pounds; that was to Warren: Warren said he had not got so much, and then asked me if I had got so much; I told him I had not got one pound, I had but half a guinea; I told him I was going to draw some money at the bank that night; but that would not do for the mean time.

Now in consequence of this, did not you go to the Bank for the express purpose, in order that you might shew the sum about you? - I did not, it was not in consequence to produce the money there again that I went back again.

What after you had got away from Oxton, what should lead you back again to this place? - Because Warren would call there before he went to the ware-room.

Was any bet made between Oxton and and Warren? - Yes.

Then you know you was coming back to this house in order to determine this bet? - Not at all.

But you was going back to Oxton, had Warren got any money at that time; was Warren either to win the bet, in case of your producing the one hundred pounds, or his own producing one hundred pounds? - It was his own producing one hundred pounds.

Then Oxton challenged you both, that none of you, or altogether, could not produce an hundred pounds? - He did.

Then you see, when you came back with the one hundred pounds, you could enable Warren to win the bet of twenty pounds, had you come on purpose for that? - No, but he desired me to take out the notes, to shew the man that we were not beggars.

Now in the coach Warren began telling you the story about the chalking? - No, not in the coach; it was Oxton talked about it in the house.

Oxton then and Warren shewed how the game was played among themselves? - I do not know as they played at all.

What! did not Oxton and Warren play, or pretend to play, at this game of chalking? - I did not see the game at all, I saw Oxton chalking.

When you came into the room, how were they situated that were left, and what did they say? - Oxton asked Warren if he had done his business; he said he had: Oxton then wished to sit at the end of the table.

Did Warren then produce any notes? - No.

What did Oxton do? - I then went out of the door, and did not know what they meant to be about, and I wished to ask the landlord about Oxton, because of the other two I had no suspicion.

Why did not you go about your business and ask this question? - I went out on purpose, and Warren then followed me out to the door; I was going out at the fore-door, and he says, don't go that way, there is a privater place on the back way.

Did this increase or diminish your suspicion; I should have thought that it was most probable, your suspicion would be extremely increased by Warren's wanting to keep you in the room? - Not at all, he did not wish to keep me in, only when I wanted to go out of the door.

Having no resistance made to you, why did you not go from these people, and ask the landlord or landlady something about them? - I was coming in to do it, and passed the room-door, thinking Warren would have gone into the room again; and he takes hold of my coat, and said here is the room.

I want to know why it was, when there was no absolute resistance made to you, and with these suspicions that you was with people that would possibly cheat you, that you did not get away from them? - Because the men were with me.

So at length you did, notwithstanding your suspicions, come into the room with them again? - I had no suspicion at all of Warren and of the other man, my suspicion was of Oxton.

When Warren and Oxton were describing the game of chalk, were they playing together? - I did not observe them playing.

How long was this conversation with the pretended drover? - About three minutes.

Had they made any chalk marks on the table? - Yes, they had.

Did not they ask you to join in the game? - They did not at all; the other man and I were talking about Scotch cattle, and how he got his fortune.

Was there no money staked on the table to play this game? - I did not see any money at all.

You did not stake any money at all? - I did not.

Nor win any money? - Nor win any at all.

Was not your suspicion doubly increased when you saw these marks on the table? - Not at all.

How long was it after this before you was induced to lay your notes on the table? - In a very short time.

How came you to lay your notes down?

- Because they disputed among themselves about the chalking; and then Oxton stood up, and seemed to take something amiss that Warren had said; and Oxton said to Warren, do what you promised, shew me the money; upon which Warren took out his pocket-book and said, there is money plenty.

Do you recollect you was examined before the magistrate? - I was.

What did you say there? - I said he took out his pocket-book.

Only his pocket-book? - Only his pocket-book.

Did you say at the magistrate's he took out nothing else? - He took it out, and opened it, and there seemed to be a large parcel of papers in it; he laid it down, and said to me, Mr. Johnson, how much money have you got? says I, you know perfectly well what I have got, because he was with me the same time when I drew the money.

How did you proceed then? - I took the pocket-book out of my pocket, and took out the four twenty pound notes.

Was not that on purpose to shew Oxton that you had so much money? - It was to be sure, and to shew Oxton I was not a beggar.

Did you think there was any money in Warren's pocket? - I thought there was three hundred or four hundred pounds, I thought the English notes were all so as his appeared to be; I had never seen one in my life till that day I took the money from the Bank.

Did you tell the magistrate on your examination, that Warren pulled out any notes? - I did not; the notes were in his pocketbook, and they had a large appearance.

When was it you went to any body that you employed as a lawyer in this business? - I went to my friend Mr. Clarke that night, who was my particular friend; I went to him, and wished him to inform me how to behave, as I was a stranger.

Did any body go with you? - The constable went with me.

Was he the only person that directed you to an attorney? - The Justice directed me to an attorney.

Did you employ the attorney whom the Justice directed you to? - I did not.

Who is the gentleman that is employed by you here now? - Mr. Newman, I suppose you know the man.

Did you go to the man to whom the Justice directed you? - I did, but the gentleman seemed to be engaged.

Did the magistrate tell you that night, that he should look upon this as a felony? - He did.

Now, if you please, we will go back to the public-house: during this time of chalking between these people, and Oxton's explaining the business to Warren, did not you join with them to wish to know what the game was? - No, I did not at all attend to that; we could not see at all.

Of course then you will tell me that you did not play, or win any money at all? - I will tell you that plainly.

And these men, Oxton or Warren did not play? - They did not play to my knowledge, Oxton was shewing how the person and him had behaved the night before.

When this money was before you, did not Oxton pretend to have won this money? - He did not at all.

What made you, when you produced the notes and guineas out of your pocket, to put your hand down on them; had you any suspicion? - No, I had not to be sure.

What made you keep your hands down upon them then? - Because being in a house where I did not know where I was, I always should keep my hand on it.

Having done this, then it did not strike you there was any danger in putting your money on the table? - I did not think it any danger at all.

Did you think it safe? - I did.

Would have thought it equally safe if you had put it on the middle of the table? - It would not have been so convenient to me, but I might have thought it equally safe.

Would you have had any suspicion of Oxton in laying down your money? - I should not.

Why was it that you now describe your hand as placed upon this money covering your bank-notes and your guineas, and having no suspicion at all; was that the case? - I had no suspicion at all.

Why was it that Oxton wanted the money any more than Warren? - I do not know.

In fact, Oxton called out for the money? He did not call out at all.

Did not he want the money? - He wanted the money to be sure, but he did not ask for it at all, not a word.

Bless your soul, not ask a word! he counted this money; did not he? - Yes, because he got it.

He said he had won it, did not he? - He did not.

Did you yourself make any sort of a noise at this time? - Yes to be sure.

What sort of a noise? - I wished to keep my money; I then thought he had no title to put his hand to my money.

Did you call out for any assistance at this time? - I did not.

You knew there was assistance near; you knew there was a landlord and a waiter? - There was some people in the house, but when my money was gone, I thought it was better get it back again.

But you did not call out for any assistance at this time? - No, I did not.

Why did not you? - Because I thought these men and the people of the house might be concerned together, and then what would become of me then? and so I thought it was better to get out.

Then that suspicion instantly seized your mind, that the people of the house might be in confederacy with them, and therefore you would not call out? - Yes, it was so.

When Oxton got out of the door, Warren wanted to keep you in; how came it he did not keep you? - I got out as fast as I could.

When Oxton was gone out of the house, did you attempt to alarm the house? - Not at all.

You say Warren was desirous of going too? - Yes, as fast as he could.

What part of the house did you go through before you got into the street? - A small passage.

How many people did you see in your way from the parlour? - I did not look at any people at all, because I wished to get out as fast as I could.

How far was Oxton from the house? - About three hundred yards.

When you told him you would have your money again, he acknowledged he had this money? - He did.

Did not he say he won it? - He did not; he seemed very much frightened.

There is no doubt but a man that has played a trick, would wish to give it up to get clear of it; however afterward he was in the very act of delivering this money to you when the constable came in? - Yes, he would have delivered the whole of the money.

The constable, and the attorney, and the magistrate, all agreed in it, that to get the money back again, you must consider it as a felony, not as a fraud? - Yes.

Mr. Garrow. The conversation the gentleman alludes to, passed after you was bound over? - Yes.

Did you ever stake or bet any money with these two men whatever? - No, none.

ELIZABETH FITSHEE sworn.

I am wife to John Fitshee , he keeps the Rose and Crown, Bunhill-row ; I know the prisoners, I know the prosecutor Mr. Johnson; they came to my house the 18th of May last, they were in the back-parlour; there was Warren and Mr. Johnson, and one that is absent: Oxton came in afterwards, in about ten minutes; when he went in there was no more than those three; in about half an hour the prisoner Warren and the prosecutor went out; they walked out, and Oxton and the stranger staid in the room; the prosecutor and Warren returned in an hour and an half, or two hours, the other two were by themselves; the prisoner Oxton was afterwards taken and brought back to my house; Oxton was foremost at going out, two or three minutes: then

Warren and the man that is absent went out; I saw them all pass, they seemed to go out in great haste, the other two was at the door first, and kept the prosecutor back; they did not appear in so great a hurry as he was; I never saw any of them before.

Mr. Fielding. They used no force at all? - No.

You saw Oxton when he was going out? - Yes, he went out quite by himself.

How does the door of the parlour stand with respect to the other part of the house? - The door of the parlour opens into the tap-room.

Then they came through the tap-room to go out? - Yes.

How many people were in your tap-room at that time? - Not above three men, two sawyers and a soldier.

Did Johnson intimate in any way that he had been robbed, or suspected he had been robbed? - Not a word.

How long was it before they returned? - Not above a quarter of an hour; in three or four minutes we heard the cry of stop thief; at going through the room there was not a word said.

These people must be seen by the men in the tap-room? - Yes.

RICHARD INGLEBY sworn.

I remember hearing the cry of stop him, on the 28th of May I stopped Oxton, he gave a swing round, and almost threw me into the kennell, I took him to the Rose and Crown, Bunhill-row; Beilby came in after.

Mr. Fielding. Then Oxton insisted upon it that he had won this money? - No, I did not hear any thing of that.

MATTHEW BEILBY sworn.

I am an officer of St. Luke's, I live very near the place, I saw a mob, and went into the house of Mr. Fitshee; some said there is a man swindled out of one hundred pounds, and some said robbed; the prosecutor seemed to be very confused, and said, I am swindled, I have been robbed; upon which I searched Oxton; I know nothing of the other man. I found on Oxton four bank-notes, and eighteen guineas in gold, I believe it was the right-hand waistcoat pocket; I sewed it up, and put it into Sir James Esdaile 's hand for security; I received it back the same.

Mr. Fielding. Immediately on your getting into the house, you laid hold of him? - Yes.

JOHN HODGSON sworn.

I am one of the pay-clerks in the bank of Sir Richard Glynn , and Co. I made a payment to Mr. Johnson on a draft of Mess. Francis and John Clarke , No. 5007, 2d May, 1791, for 20 l. No. 6316, 11th January, 20 l. 7186, 7th April, 20 l. 5562, 28th April, 20 l. I gave him also nineteen guineas and one shilling; this is the original entry at the time of payment; there was a person with him, I cannot swear to him.

Johnson. These are the same notes that were taken from me.

Prisoner Warren. I leave it to my Counsel.

Mr. Fielding. I am not permitted to speak to the Jury.

PRISONER WARREN's DEFENCE.

On the 18th of May I met with Mr. Johnson, at the Swan with two Necks, in Lad-lane, accompanied with another; I was in the same room with him; I had a glass of wine, he had just done his breakfast. I began to talk about trade, he said he wanted some hardware; I said I thought I could suit him; me and another person went down to Basinghall-street, and had sixpenny worth of rum and water; we went from this house to the Crown in Bunhill-row, there we had six-penny-worth more, I believe it was rum and water, but I am not positive. We got into conversation, Johnson said he was not a poor man, so we laid a wager; Johnson laid us all three a wager that we could not produce 100 l. a piece, in the course of one hour; I put down 20 l. for me, and Mr. Johnson the prosecutor, and the other person that is absent;

Johnson wanted to put down his part of the money, but he had only half a guinea in his pocket, two half crowns, and two or three shillings, I am not positive which; he then pulled out his pocket-book containing four 20 l. Scotch bills, which he has omitted to tell you of, which I never saw before, therefore I put down the 20 l. we put down 100 l. a-piece; he put into my hand a draft for 50 l. we went to Moorfields for a coach, and went to Lombard-street for 65 l. there he got his bill honoured; he begged exceedingly hard of the banker's clerk to get that bill discounted; the clerk said he could not do it, except he found some person that they knew; Johnson still urged very much, and offered to pay any premium; but he would not do it: then we took coach to go to Lombard-street, and then to the Strand, to Mr. Coutts a banker; then Johnson said, I think I can do my business, I owe a tradesman some money, and he will let me have cash for the 100 l. says I, that will save you all the trouble. We came down to the Swan with two Necks in Lad lane: says I, I am afraid we shall be past the time of the wager for the 20 l. says he, never mind, if it is half an hour, it will make no difference? says he, you stop here, and I will go to my friends; he went and came back again; says I, well have you got your bill honoured; yes, says he, I have 100 l. check on their banker; you must go with me: I did so; we took coach again, we went to No. 12, in Birchin-lane; there he got four 20 l. banknotes, nineteen guineas and a shilling: we came back in the coach, there was Oxton and the other man in the room; the chalk was put on the table, and the other man brought the money; so then there was a piece of chalk on the mantle-piece; we began playing, I won a guinea; there was A, B, C, and D on the table; I began playing with Oxton for six penny worth of rum and water, which I won; I then played him myself for half a guinea, that I won also; I had my odds of the game, which was four to one against him; I wanted to give Oxton his guinea again; after that I shewed Oxton the odds of the game, he was to turn his back, and to name a figure, which was four to one against him; I referred to Johnson, says I, it is a pity to keep this man's money, I will give it him again, for if he had the Duke of Bedford's estate he would lose it: says Johnson, no, damn it, keep it, he would keep yours: so then Oxton says, I will go back to them gentlemen and play them all round; says I, then you may as well lay them a guinea a-piece: I put down one guinea to Johnson, he covers that, and puts a guinea to another man that is absent, the same three guineas we won, we all three won a guinea of Johnson; then Oxton said, I could make a letter any way, and he would not play if I made the letter, but if I would let that man make it, referring to Johnson, he would play for 100 l. a piece; Oxton turned his back, and Johnson makes the letter D, and Oxton come to name the letter, and instead of putting down 100 l. he put down eighteen guineas, and four 20 l. notes; he made the letter D, and Oxton turns his back, that is one of the four letters, and he came forward and named the letter right, and Oxton came and named the D, then he lost his money: there were four letters made separate, A, B, C, and D; then in order to game, you must name one of the four, he was to turn his back, and I was to make one of those four letters, and he was to come forward and name the one I had made, which was put under the bowl: I made an A, and put the bowl upon it; then I laid him six-penny-worth of rum and water that he named the wrong. Oxton won the 100 l. then Johnson wanted to play on cards, he would not play with him, because he had no more money.

PRISONER OXTON's DEFENCE.

I have nothing to say but on the same ground as this man says; this man I understood was a person that got a good deal of money, and he wished to engage in playing with me, after he lost the money; when he came back to the public-house he says, give me my money again, I did not understand the game, and go about your business;

when we came back into the room, all the chalks were on the table, which was A, B, C, D; and the letter A and the letter D, which Johnson made while he put down his money: Johnson said when we came into the street that I had cheated him; I told him I had won it very fair, and would keep it; he would not have given me my money if I had lost it: I said I would rather go before a magistrate. He never said any thing about a robbery, till we came before the magistrate.

Prisoner Warren. Johnson's examination was taken before the magistrate three hours before these men came into his company.

The prisoners each called two witnesses to their character.

BOTH GUILTY , Death .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17910608-40

265. MOSES HYAMS was indicted for breaking and entering the dwelling-house of John Brooke , about the hour of twelve at night, on the 7th of April , and burglariously and feloniously stealing therein thirty pounds weight of raw long human hair, value 12 l. twenty pounds weight of prepared long hair, value 30 l. twenty pounds weight of long raw hair, value 8 l. and twenty pounds weight of short raw hair, value 3 l. the property of Thomas Kerr , in the aforesaid dwelling house .

JOHN BROOKE sworn.

I live in Finch-lane, Cornhill, and I keep a house in Hoxton, but no regular residence there for a constancy; I am a taylor . About the latter end of March Mr. Kerr sent to my house several boxes, and a trunk to my house at Hoxton ; they were all safe there, as he left them, on the 1st of April. On the 8th of April I found my house had been broke open; there had been no person lived in it at this time; his boxes and trunk all broke open, and his goods in a very different state to what they were before; on the 23d he came to town, on the 25th we advertised, and printed hand-bills, and was informed that that very morning some had been sold, some to Mr. Byewater, in Golden-lane, and more to Mr. Denham, all goods of the same description; and that a person had applied to Mr. Nightingale, to know if he would take about the exact quantity of goods stolen.

Mr. Knapp, Prisoner's Counsel. On the latter end of March Mr. Kerr sent several boxes to your house at Hoxton? - He did.

How long was it after the latter end of March, that you discovered the house was broke open? - I discovered it on the 8th of April.

Do you swear now that the house was safe on the 1st of April? - Yes, I do.

THOMAS KERR sworn.

On the 1st of April I deposited the goods mentioned in the indictment in the house of Mr. John Brooke at Hoxton, in boxes and trunks; the trunk locked, and the boxes either nailed or corded: I left them all safe on the 1st of April; Mr. Brooke informed me that the house was broke open; on the 23d I came up and saw I had lost that property; the lock was taken from the trunk, the nails drawn from the boxes, and the goods gone, as mentioned in the indictment; in consequence of that I went to Mr. Brooke, and consulted with him whether it was best to send any bills about to the trade, and stop the sale; I did so: the bills were printed, and came home on Monday morning the 25th, and on the same day I received information that part of the goods had been sold to one Mr. Byewater in Golden-lane, which I have sworn to, by the tie of them; every one has a different method, and the tie has not been altered, and every person is allowed to swear to his own manufacturing; the person that manufactures part of them is my brother, who is here, which were found at Byewater's.

Mr. Knapp. I wish you would be so kind to explain some good reason why you

can swear to this hair? - Besides the hair, I can swear to it by the tie, because I tied it up myself.

Will you swear that there is no other person who sells hair, that could tie the hair exactly the same way as you have done? - I can swear they could not do it so exactly, but I could know my own tie from any other.

ARCHIBALD KERR sworn.

I am the brother of the last witness, I have got the hair which was found at Mr. Byewater's, just in the same proportion, I manufactured some of this myself, and I can swear to my own tie; they are tied with thrums. I cannot swear nobody else ties them so.

- BYEWATER sworn.

Look at that hair? - This hair has been out of my possession, I cannot swear it was it.

Prosecutor's Brother. I had this from Byewater.

Court. Do you know the prisoner? - Yes.

Did you ever purchase hair from him? - Yes.

Was that hair delivered to Mr. Byewater purchased of the prisoner? - I believe it was.

Did you buy a larger quantity from the prisoner? - Twelve ounces and an half, the remainder of it I produced myself.

Kerr. I can swear to part of this being my tying.

Byewater. Mr. Kerr immediately fixed on one of these articles as his property; I have dealt with him for raw hairs, and I have sold him an ounce or half an ounce, but I never bought any of this sort from him before.

Mr. Knapp. Are you sure as to the identity of the prisoner coming to you on the 25th of April, with any hair at all? - Yes, I am positive of it; it was on Easter Monday, it was on the day the bills were printed.

I have witnesses to prove him in another place, therefore I warn you before you give an answer? - It was on Easter Monday, and it was the very day the bills were printed, I am certain of the day.

Court. What time of the day was it that you made the purchase? - I cannot tell the hour, but I know it was before twelve, before dinner.

WILLIAM HAZLEBROOK sworn.

I know the prisoner, I knew him before I bought the hair of him, I purchased this hair of him, he came the 22d of April to me, and said he had a large quantity of hair; he asked if I would buy a hundred weight of hair; I asked him to let me see it, and he said as soon as the holidays were over, I should see it; and on Saturday he came with a parcel of hair, and this was among it; I asked him what he would have for it, he said thirty shillings; I gave him a guinea for it, I called my young man to witness paying the guinea; he said, it is my property, why do you call a witness; it was Saturday the 23d of April. He came to my house again the 25th, I bought nothing of him then, but he sold some hair to a person in my shop; it was on the 25th that he sold hair to Mr. Byewater.

You are sure as to the prisoner? - Yes, I know his person well, I was at Mr. Byewater's the 25th, I went with Mr. Brookes and Mr. Kerr; the prisoner was present then.

- DENHAM sworn.

I am a dealer in hair, I purchased this hair from the prisoner on the 25th of April, I am sure it was the prisoner, I bought it in Mr. Hazlebrook's shop at Shoreditch, I am sure it was the 25th, which was Easter-Monday; he asked me half a guinea, I gave him ten shillings.

Kerr. I cannot swear to any of the long hair that has been produced, the ties have been altered, but I believe them to be mine.

JOHN NIGHTINGALE sworn.

The prisoner came to my house, No. 56, Bishopsgate Without, on Monday the 25th of April; I am sure it was the the 25th, it was Easter-Monday, he came to acquaint me

that he had a parcel of hair to dispose of; I then asked him when I could see them; he said not until after his holidays, then he would bring them; he mentioned the quantity to be about an hundred, or an hundred and an half: soon after he was gone I received this hand-bill, and he was taken the next morning.

PRISONER's DEFENCE.

I am innocent; they have known me many years; Mr. Brookes swore before the Justice it was his property, and Mr. Kerr said he manufactured it; please to look, I have the hand-bill, and I have evidence to prove I was not the man.

JAMES KEYS sworn.

Mr. Knapp. I believe you went yesterday to St. Bartholomew's Hospital? - I did.

Where did you go to at the hospital? - The Steward's office.

Who is the Steward? - I forgot the gentleman's name, but it is down in the certificate; he examined the book with me belonging to the hospital.

Did you see in those books the name of the prisoner? - I did.

Did you get the certificate, and did you see him write the certificate at that time? - He gave it me, and I saw him write it; this is the certificate which I had from himself.

Court. That is evidence that the name of Moses Hyams was in the books of the hospital, but I shall not receive the certificate.

When was he discharged by the books? - By the books he appeared to have been discharged the 13th of April.

HESTER FRANCIS sworn.

I am a sister belonging to St. Bartholomew's Hospital; there is a sister to each ward, there are thirty-two wards, thirty-two sisters, and thirty-two nurses; I am a sister to Matthews's Ward, I have been so about seven years, I have been in the hospital as assistant fifteen years.

Do you remember a person of the name of Moses Hyams being in the hospital? - Yes, he came in the 30th of March, and was discharged the 13th of April.

What was his complaint? - A complaint in his side and his head, no wounds.

He was attended I suppose by the faculty? - Yes.

Look at the prisoner, and see if he is the man? - That is the man, I am positive of it.

And are you sure he came in the 30th of March, and was discharged the 15th of April? - Yes, a better man I never wish to see; I wish I was always treated as well by every man as by him; if I had twenty oaths I would swear it was the same.

That is an additional reason for your remembering him.

Court. Does not it appear by the books of the hospital, the time of the dismission, and the time of the discharge? - I sent him to the steward for the discharge.

Mr. Knapp. Your Lordship sees the indictment charges it to be committed on the 7th, which could not be.

Court. Was the nature of the prisoner's disorder such as confined him to the hospital, and that he could not go out occasionally? - Certainly, the hospital confines them to it, they will not let them go out.

Are those that are in the hospital so confined? - Not without leave of the surgeon or physician, or by a discharge.

But such a leave would be on application given? - Yes, if he asked it, but he never did.

How do you know? - Because I should have known, because he was under a particular gentleman, that is Doctor Pitcairn, and if he had said he had wanted to go out, the doctor would have said, let the sister know when you go out and when you come in.

Will you venture to swear here that this prisoner at the bar was never out of the hospital from the 1st of April to the 8th? - Not to my knowledge he was not.

But he might without your knowledge? - He went down stairs to fetch provisions, we give them leave to do that.

How many persons have you under your care? - Fifteen.

Can you give an account of every thing these fifteen persons did during that week? - When I am present I can, but not otherwise.

Do you believe that that man was in the hospital without going out, from the 1st of April to the 8th? - He was to my knowledge, I know we sent him down stairs, he had his linen washed in the place, so he did not go out for it.

- NIGHTINGALE sworn.

I have known this man some time, I can say nothing only he has been a journeyman barber ever since I knew him.

GUILTY,

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

Transported for seven years .

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

Reference Number: t17910608-41

266. ANTHONY BALLESS and STEPHEN EDWARDS were indicted, for that they, on the 31st of January, 1788 , in the county of Devon , on John Felton , then acting in aid and assistance of Thomas Bradley , then on shore, in the execution of his duty, in seizing for the use of our Lord the King, some foreign spirituous liquors, liable to be seized by the said officers, unlawfully and violently did make an assault on the said John Felton and Thomas Bradley , then on shore, and in the execution of their duty .

Two other counts, for opposing and obstructing.

And, a third count for opposing only.

The indictment opened by Mr. Garrow, and the case by the Attorney General.

Gentlemen of the Jury, the two prisoners at the bar are indicted for obstructing, in the execution of their duty certain revenue officer s, under circumstances so cruel, that I thought it fit that you should throw the shield of your verdict over the subjects of your country. Under the circumstances attending this case, I am not sure that the circumstances of the case would not have justified a severer mode of proceeding, they might have been proceeded against capitally, but by the act of parliament, there is a clause wherein they may be prosecuted by a mode as a misdemeanor, whereby they are only liable to be sentenced for imprisonment, not exceeding three years.

JOHN FELTON sworn.

I was aiding and assisting Mr. Bradley, who is since dead, in the excise, on the 31st of January, 1788, we went on purpose to search for a vessel called the Cobler, and we went to the house of Prouse; Mr. Bradley went with me, we demanded the key of the cellar; Prouse's wife said her husband was not at home, and she sent the maid after Prouse, but she staid a considerable time, so we broke the door open, and found about sixty ankers of brandy, gin and rum; we began to carry them out of that cellar to the house of Jones, about ten or twelve yards distant; he handed them one to another with this intention, to put them into Jones's cellar, to the last four of the kegs, when

Edwards come and took one of the kegs away, there might be about fifty came with him, and as soon as Edwards came and took hold of the cask, they all rushed in and said, let us go in to the b - g - rs and take them out; Edwards seemed to be as active as any in taking the kegs; the keg which he got hold of was without the door, waiting for a man to come forward, and the mob rushed in, and carried off the other three, and I went up from the cellar, and saw no more of them; I went out at Prouse's fore-door, and the mob followed me and throwed stones: this was soon as I got out of Prouse's house.

How many might there be at this time? - I suppose there might be about an hundred.

How long was you in this situation? - Above an hour; they drove me, I suppose, one hundred and fifty yards from Prouse's house.

During this time of being pelted by the mob, did you see either of the prisoners in that mob? - I did not.

How did you escape from this mob? - I stood with the pistol in my hand, and one of the cutter's people, Joseph Bray , with his pistol, threatning them, and the mate came up to our assistance, and we got to Jones's, and they throwed stones and glass bottles at us all the way, and the gentleman Edwards came up with a cutlass, now, damn your eyes, says he, now will you shoot me? I said yes, unless he would keep off; he said, I will cut you down like a bullock, you b - g - r; he held up his cutlass towards me, and then he went down lower out of my sight; the mob was all surrounding the house, heaving the stones through the window, and broke all the glass windows outside, and through the casement of glass belonging to the parlour where I was; they kept heaving stones continually till night.

What time of the day was this? - I believe it was about from two or three o'clock till the candles were lighted.

What happened to you personally at this time? - My arm was quite black, and they cut my leg with a stone, that I could not walk to the cutter, but was obliged to be carried.

What else did you see Edwards do? - I saw him do no more; soon after I got into Jones's parlour, I saw the prisoner Balless come to the window and say, you may as well give yourself up, for you shall never go home alive; he had got a large stone in his right hand, but I did not see him heave it, but he had got it in his hand, and there might be above two hundred people near him at the time: I did not see him do any more.

What became of the liquor that had been carried out of Jones's house? - They did not take any out of Jones's house, it was so secured.

What time of night was it before this was well over? - I cannot tell what it was o'clock, it was just dark, and the candles were alight, I had directions to three other houses, but neglected to search.

Mr. Knowlys. Prisoner's Counsel. The mob first collected about at Prouse's house, and from thence you was driven about one hundred and fifty yards; how long do you think the mob was surrounding you before you got to Jones's house? - It might have been an hour.

Did not you drink at Jones's house? - No, I did not.

You are sure you did not? - Yes.

This was three years ago? - Yes, better than three years ago; I knew the house where Balless lodged, he lived on the Causeway.

Did any of your officers stay behind? - Yes, I was taken to the cutter, being disabled.

I believe Balless and you had had some quarrel since this matter happened? - No, no quarrell.

Was not you drunk once, and threatened him with your cutlass? - I attempted to duck him once; I suppose you would wish to know the truth, I attempted to duck him in Cawsand, and I caught him by the collar, he tried to heave me down, and he snatched the cutlass, and ran away with it; that cutlass was returned to me by the surveyor

coming over to demand it; it was returned by the woman he lived with: I say I was not drunk at that time, I am sure I was not.

Had you never said to the defendant Balless, that you knew no harm of him, and could swear nothing against him? - I said he never did me any harm, for a good reason, because he could not; he strove all he could do do it.

Now could not he have thrown that stone at you at the time? - Yes, but he could not have hit me, for I had nothing to do but defend myself; I think if he could have hit me with it, it would have been very agreeable to himself.

Mr. Fielding. It is a desperate undertaking to attempt to take one of these men in Cawsand? - Yes, without it is in day-light, and you know them.

Mary Hill , whom we have heard of, is the woman who lived with him? - Yes, he lived with her.

JOHN NETHERTON sworn.

Mr. Garrow. Was you one of the assistants to the mate of the Eagle, the 31st of January? - Yes.

You went to make this seizure? - I was at Prouse's house, we went into his house, down stairs in the cellar, and we proceeded to make a seizure, I believe I took the first keg out, and Mr. Bradley desired me to go up to Jones's, they were all got up, four or five, and I heard a cry that the men had got Felton upon the green; then I took my pistols and went into the middle of the men; there were one hundred and fifty or two hundred smugglers assembled about Felton, the place was full, and May had hold of Felton by the collar; then I gave him a stripe with my stick, immediately the stones began to fly like shot, as thick as hail, at Felton, and the rest of the officers; when he got round the corner, I had four or five stones on my back, I did not see either of the prisoners at that time; I saw both the prisoners at one time, one of them had a stone in his hand, that was the prisoner Balless, he was doing nothing with it; I asked him what he was going to do with it, and if he did not put it down I would fire at him; then he dropped it; I did not know him before: I called him Brisk, a man said, mind what names you are speaking; then I thought it was not the same man; I saw him two or three minutes afterwards, I am sure he is the man; I saw the other prisoner looking into the window with a cutlass in his hand, holding it up, and he said he would be damned but he would have me out, and cut me down; we were prevented from effecting our purpose; we had three houses more to search. I tasted the liquor at Prouse's, it was brandy and gin; the windows were all broke in, with the discharge of the stones from the smugglers.

Mr. Knapp, another of the Prisoner's Counsel. You stated that there were a great number of persons present? - Yes.

The only person that had a stone in his hand was Balless? - Yes.

The moment you desired him to put it down, he did put it down? - Yes.

Did not Balless, at the time you challenged him with the stone, say, he was going to do nothing with it, and drop it down directly? - Yes.

You said you did not know Balless before? - No.

Have you known him since? - I have seen him since, many times since.

This happened in 1788? - Yes.

Have you not drank with him in a friendly manner? - Yes.

Did not you drink with him that very afternoon after this took place? - I was in the Black Bull when he came, I had a pint of porter before me, he partook of the porter with me.

Did not Edwards speak out so loud, that every body might have heard him? - Yes.

Mr. Garrow. Had you ever any warrant against Balless, when you was in the public-house? - No.

Which of the two instruments did the most execution, the stones or the cutlass? - The stones.

JOHN NEWTON sworn.

Mr. Attorney General. You are the Comptroller of the Customs at the port of Plymouth? - Yes. On the night of the 30th of January, 1788, a large smuggling cutter, by the name of the Revenge, was stranded on Kingston-beach; early the next morning I was informed of it, and went to secure the property: in the afternoon of the day about two, I received a message from Mr. Bradley, mate of the excise cutter, saying that he had made a seizure of a quantity of spirits, and was presently opposed by a large mob, and begged for God's sake, I would go to his assistance: I went; when I came up in the square, before the house of Jones the victualler, I saw a mob of people, to the amount of two hundred: the windows were broke presently, I saw Bradley, I made the best of my way to him through the mob with my men: the mob appeared to be very outrageous, and Mr. Bradley appeared to be very much agitated: I went with Mr. Bradley into the house, there I saw Felton, with (I think) a brace of pistols presented towards the door, he was very much agitated; the mob was still riotous, I saw the prisoner Stephen Edwards , with a cutlass in his hand, flourishing and making up towards the house; as soon as I saw him in that situation I made towards him, to secure him, conceiving him to be the ringleader; he made a blow at me with his cutlass, I suppose I was in Jones's house about an hour; a scuffle ensued, and the prisoner attempted to make his escape, he was pursued; several of the smugglers followed him, and blows passed, during which he made his escape.

Mr. Knowlys addressed the Jury.

ANTHONY BALLESS , NOT GUILTY .

STEPHEN, otherwise STREPHON EDWARDS, GUILTY .

Imprisoned three years .

Tried by the London Jury before Mr. Baron PERRYN.

Reference Number: t17910608-42

267. DANIEL WILD was indicted, for that he, on the 20th of September last, in the parish of Tangmere, in the county of Sussex , on Andrew Hill , an officer of excise , on shore, in the due execution of his office and duty, in seizing for the King, four gallons of Geneva, unlawfully and violently did make an assault, and him being so on shore, in the due execution of his office, unlawfully did hinder, oppose and obstruct .

A second count for assaulting the same person.

A third count for hindering, opposing, and obstructing the same person.

The indictment opened by Mr. Garrow, and the case by Mr. Attorney General.

ANDREW AILL sworn.

I am an officer of excise stationed at Chichester. On the 20th of February, between five and six in the evening, I, in company with William Peachey , an officer of the customs, met the prisoner and his son at Tangmere; they had each of them a half anker carrying openly: knowing them to be smugglers, we demanded it of them: I went to the gentleman, and a battle ensued, and several blows passed, and I received a violent blow on my head, which cut my head through; I got the cask from him, and carried it about seven roods, and the prisoner seized hold of me by the collar, and his wife held me by the other side; at the same time I saw Charles coming at me with a stick, and I endeavoured to extricate myself from them, in doing which, I tore my clothes almost off: then I presented a pistol to Charles Wild , and told him if he did not desist, I would fire, for I was determined to take the cask; I was a minute or two in that situation, and after that I received this blow on the head from Charles Wild : the stick was about five foot long, with a large knob at the end of it, it was what they call a bludgeon; they kept the casks from me: I endeavoured to stave the casks, and some of the liquor came out, and it proved to be geneva; at that time Charles Wild sent a lad to the hedge for a

stick, and he brought one; he saw other people coming along, and Daniel Wild made a hauling up; he observed to me that there were more smugglers coming, the tub in Daniel's hand was never quitted by him, but he held it up; we never got possession of the cask any more, both the casks were carried away; we saw people coming in the further part of the field, but whether they came in consequence of the noise he made, I cannot say. Charles Wild we cannot find, I have heard he was in France: Mr. Peachey was a few yards from me when I had the blow over my head; at the time we were followed, I suppose Mr. Peachey was not two roods from us.

Mr. Knowlys, Prisoner's Counsel. This man here never struck you at all? - No.

You laid hold of him, I suppose? - I never put my hand upon him at all.

WILLIAM PEACHEY sworn.

I was with Hill at the time of the transaction; on the 20th of February last we met with Daniel and Charles Wild , he was conveying half an anker of spirits; I immediately went up to the prisoner and demanded his cask; he stood with his hand up, and says, damn your eyes, stand off; says I, Mr. Wild, lay it down quietly and get off; I saw my brother officer engaging with Charles, he being a stout powerful young man, I went to my partner's assistance; Daniel putting the cask down, Hill took the cask in his hand, and carried it several roods; Charles Wild came up with a great stick directly, and struck him; the woman that was with him took hold of Mr. Hill's frock, I believe she was Daniel's wife, I am not sure; Daniel, after several blows passing sent a lad after a great stick, I saw this stick coming towards us; I had been ill two or three days, I says to my brother officer, let me beg of you to withdraw, we took out our pistols, and threatened to fire: they said, damn your pistols, we do not mind them: then we retreated; says I, I know them both perfectly well, we have taken one cask, and they have taken it back again, we can do nothing but fire; do not take away a man's life for a cask of gin, it is not worth while: they carried away both the casks, we saw several people coming, but they appeared to be smugglers.

Mr. Knowlys addressed the Jury for the prisoner.

GUILTY .

Imprisoned one year .

Tried by the London Jury before Mr. Baron PERRYN.

Reference Number: t17910608-43

268. WILLIAM FRENCH was indicted for obtaining a quantity of buttons, by false pretences , the property of John Trelawney .

JOHN TRELAWNEY sworn.

About the 8th or 9th of February last, Mr. Martin and his apprentice Howell came to me with two quantities of buttons, and a written card, and told me he had never had them, though I charged him with them; I sent him the overplus, besides what French had, by which means the fraud was discovered; he said he never had the six dozen of coat, nor the eight dozen of breast buttons; on my return about three months after, I found the prisoner in custody; the prisoner said he would ruin me and my house for ever.

Mr. Knowlys, Prisoner's Counsel. You did not see him the first time? - No, I was not at home.

JOSEPH MOORE sworn.

I am servant to Mr. Trelawney. On the 8th of February last, a person came to the shop, whom I believe to be the prisoner; I think, to the best of my knowledge, that is the person, but I cannot swear to him; he brought a written order, puporting to be an order from Robert Martin for six dozen of coat, and eight dozen of breast buttons, [the order delivered in] he gave the order to the apprentice, John Holmes , he referred it

to me; I asked the prisoner if he brought that order from Mr. Martin; he said he did; in consequence of which I looked out the goods agreeable to the order, which I delivered into his custody, six dozen coat, and eight dozen breast black imperials; I made them up, a bag of coats and a bag of breasts, and sent them down to Mr. Martin's with the order, by which the fraud was discovered; about two months after this prisoner came to our house and was detected.

JOHN HOLMES sworn.

On the 8th of February the prisoner came to our house, and said he came from Mr. Martin's, he gave me the order, I could not look them out, so I gave them to my fellow servant, and he looked them out; he gave him the buttons as mentioned in the order, and I never saw him till he came again, which was the beginning of May; and in consequence of my knowing him he was committed, I know that to be the man that came with the first order, I had seen him two or three times before.

Mr. Knowlys. How was he dressed on the 8th of February? - Much the same as now, but he had a white handkerchief and round hat.

ROBERT MARTIN sworn.

I am a slop-seller. William Howell is my apprentice; this order is not my hand-writing, nor my apprentice's, the name Howell on the front of the card is my apprentice's writing; he marked his name upon it to know it again. I gave no such order, I know this to be one of my cards.

WILLIAM HOWELL sworn.

I am apprentice to Mr. Martin, this name on the back of the card is my handwriting, I put it there to know it again, the other part is not my writing; it came to-our shop with the bags of buttons, I shewed it to my master, it is signed William Howell ; the W is put topsy turvy.

Prosecutor. We buy these buttons as silk and mohair.

Mr. Knowlys addressed the Jury on the part of the prisoner.

GUILTY .

Whipped and imprisoned six months .

Tried by the London Jury before Mr. RECORDER.

Reference Number: o17910608-1

The OPINION of the JUDGES upon the CASE of JOHN CLINCH , who was convicted in January Sessions of FORGERY, delivered by Mr. Baron PERRYN, Thursday, June 9, 1791,

JOHN CLINCH , You was in January sessions, here at the Old Bailey, tried before me on an indictment for forging a warrant or order unto James Purser , for the delivery of goods, on the statute of the 7th of his late Majesty, with the name of Lewis Desormoacks thereto subscribed, purporting to be the subscription of Lewis Desormeaux , you being his servant in the business of a silk-dyer, purporting it to be a warrant or order to him, as servant, for the delivery of eight pounds weight of raw silk, to the bearer of the said warrant, or order, the tenor of which was set forth in the indictment, and was in these words as follows:

"Please to send by the bearer of that

"wharpe unmarked. L. Desamoacks." With intention to defraud the said Lewis Desormeaux .

There was another count for uttering the same, knowing it to be forged, with the like intent.

And, a third and fourth counts for forging and uttering the same, with intent to defraud James Purser .

It appeared in the evidence that was given on the trial, that the prosecutor Lewis Desormeaux was a black silk-dyer in Spitalfields, that the prisoner had formerly lived with him as a servant or journeyman. On the 7th of December last, about eighty pounds weight of raw silk was taken by James Purser , then a journeyman, to his own house, and delivered by him to his wife, Mrs. Purser, and who received this silk; she deposes, that on the 17th of December, after she had received this silk, the prisoner came to her house, and applied to her for eight pounds of silk, to take to a Mr. Hacker's, who dyed colours, and she told him, she had not so small a quantity; upon which the prisoner said that it was to be eight pounds weight of that silk wharpe she had had that morning delivered to her; and that Mr. Hacker, a dyer of colours, had sent for it to Mr. Desormeaux, and his son had sent the prisoner to her for the silk. She then asked him if he was sure he was sent, he then produced this warrant or order; which is set forth in the indictment, informing her at the same time, that the son of the prosecutor had sent him with that order; she also swore, that understanding that the son was an apprentice to his father, the prosecutor, and managed the father's business in his absence, she gave him the goods, and he received them. She also said, that at the time, she believed the prisoner had been seen by the son, and the name to the warrant or order, was his hand-writing; she did not at that time attend to the spelling of the name, nor did she know how he did spell it, for the name on the order was Desamoacks, and the name of the prosecutor was Desormeaux. She said she gave him the silk on the credit of the said note, about seven pounds ten ounces, and she proved the warrant or order, which warrant or order was proved by the prosecutor's foreman and son not to be his hand-writing.

This seems to be the evidence in this case, and after the evidence had been gone through, the Counsel for the prisoner took several objections on the act of parliament, and also on the form of the indictment; and this being a new case, sentence was respited in order to take the opinion of the

twelve Judges, whether the warrant or order as stated in the indictment, was a warrant or order against the statute.

The Judges have taken this case into their very serious and deliberate consideration, and they have had more than one conference upon it. On the result of which they are of opinion,

First, that on the construction of this statute, on which the prosecution is founded, that the warrant or order for the delivery of the goods, must be either by the owner, or the person who has the disposing power to do it. This judgment on this subject was supported by a variety of cases, as in Mitchell's case in King William the third's reign, and in Jones's case in the Old Bailey, from which they thought that the warrant or order must be directed to the holder, or to the person interrested in, or having the possession of the goods. But in this case, by this warrant or order, set forth in this indictment, it was not directed to any person whatever, for the whole of the warrant is, Please to send by the bearer eight pounds of that wharpe unmarked, L. Desamoacks, without giving any direction to any person whatever. On that ground they were of opinion, that this case, in this indictment, could not be supported.

Secondly, they were of opinion that this indictment was informal, for it ought to be stated in the indictment, that the person subscribing his name had an authority to do it; and in this case it is only to be collected by an infant whose name is Desormeaux, that such a servant had such an authority, and therefore we were all of opinion, that an express authority ought to have been alledged: on this ground judgment must be arrested, and in consequence thereof the prisoner be discharged .

Reference Number: o17910608-2

ELIZABETH CUMMINS , a capital Convict, received his Majesty's Pardon, on condition of being Transported for Life to Botany Bay .

Reference Number: s17910608-1

The Trials being ended, the Court proceeded to pass Sentence as follows:

Received Sentence of Death, 13, viz.

Bates, William - 246

Brown, William - 228

Dawson, John - 228

Dyer, William - 247

Gillekey, Edward - 246

Kelly, James - 234

Mackaway, Stephen - 246

Munday, Thomas - 257

Oxton, John - 264

Steward, Isabella - 248

Underwood, Thomas - 245

Warren, alias Waring, George 264

Wood, Joseph - 245

To be transported for Fourteen Years, 2, viz.

Napton, Robert - 235

Orford, John - 235

To be transported for Seven Years, 19, viz.

Ambury, John - 253

Boyd, William - 241

Brodie, Robert - 251

Bryant, Catherine - 261

- , William - 230

Evans, Thomas - 262

Franklin, Robert - 231

Harris, John - 250

Haynes, William - 236, 260

Hilton, Charles - 227

Holland, James - 256

Hyams, Moses - 265

Jenkins, John - 244

Newmark, William - 241

Owen, Richard - 235

Owen, Mary - 226

Singleton, William - 257

Stephenson, John - 238

Thomas, Joseph - 239

To be imprisoned Three Years, 1, viz.

Stephen alias Strephon Edwards.

To be confined One Year, 1, viz.

Daniel Wild .

To be confined Six Months, 7, viz.

Robert Cooksley , (fined 1 s.) John Norman , (fined 1 s.) John Hirst , (fined 1 s.) Thomas Clarke , Mary Woolley , (fined 1 s.) Thomas Parker , William French .

To be confined One Month, 2, viz.

Elizabeth Mac Cormich , alias Bolton, (fined 1 s.) James Dalton , William Sullivan , (fined 1 s.)

To be confined a Fortnight, 3, viz.

Andrew Beardson , James Maclochlin , Catherine Neeland , (fined 1 s.)

To be Whipped, 7, viz.

Richard Martin , James Smith , William Abbott , James Dalton , Thomas Clarke , Thomas Parker , William French .

The Trial of WILLIAM COOK was postponed to next Sessions.

Reference Number: s17910608-1

ELIZABETH CUMMINS , a capital Convict, received his Majesty's Pardon, on condition of being Transported for Life to Botany Bay .


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