Old Bailey Proceedings, 14th September 1791.
Reference Number: 17910914
Reference Number: f17910914-1

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 14th of SEPTEMBER, 1791, and the following Days;

Being the SEVENTH 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 VII. PART I.

LONDON:

Printed for E. HODGSON (the Proprietor); And Sold by him, at his House, No. 14, White Lion Street, Islington; Sold also by J. WALMSLAY, No. 35, Chancery Lane; and 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 HENRY GOULD, one of the Justices of His Majesty's Court of Common Pleas; the Honourable Sir NASH GROSE, one of the Justices of His Majesty's Court of King's Bench; Sir JOHN WILLIAM ROSE, Serjeant at Law, Recorder of the said City; JOHN SILVESTER , Esq; Common Serjeant of the said City; and others his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Gaol Delivery of Newgate, holden for the said City and County of Middlesex.

London Jury.

Thomas Clarke

John Brooke

Thomas Courtney

William Yates

Philip Benn

William Dean *

* Thomas Boyse served the first day in the room of William Dean .

William Knight

John Beddle

Henry Knock

David Sewell

Caleb Glanville

Martin James .

First Middlesex Jury.

Francis Jones

Robert Faulder

George Martin

Joshua Owen

Thomas Lyne

George Mitchell

Francis Waters

William Wheatley

Joseph Thurpp

Charles Chawler

John Hurley

Edward Adams .

Second Middlesex Jury.

John Dalby

John Calloway

John Allam

Henry Turner

William Gattie

Robert Fogg

Thomas Masters

John Shippey

Thomas Hill

John Taylor

John Gildard

William Low .

Reference Number: t17910914-1

312. GEORGE DINGLER was indicted for that he, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, on the 16th of August last, in the parish of St. Margaret, Westminster , in and upon Jane his wife , in the peace of God and our lord the king then and there being,

feloniously, wilfully, and of his malice aforethought, did make an assault, and her the said Jane then and there feloniously, wilfully, and of his malice aforethought, did strike and kick, and her to and against the floor of a back room did cast and throw, and her laying on the said floor, by means of the casting and throwing, with both his hands, knees, and feet, her the said Jane, in and upon the body of the said Jane, did violently strike, beat, kick, and press, giving her, by the said casting, and by the striking, beating, kicking, and pressing aforesaid, in and upon her head, stomach, and belly, divers mortal bruises, of which she languished from the 16th of August to the 28th of the said month, and languishing did live; on which said 28th of August, she the said Jane, of the mortal bruises aforesaid, did die; and so the jurors say, that he the said George her the said Jane feloniously, wilfully, and of his malice aforethought, did kill and murder .

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

(The witnesses examined apart.)

The case was opened by Mr. Fielding, as follows:

May it please your Lordship: Gentlemen of the Jury; you have collected already, from the indictment which has been read, that the crime imputed to the prisoner at the bar is that of the wilful murder of his wife: on the present occasion, very different feelings must be excited than what obtained on the last trial; for if the evidence be true in support of the present charge, it will exhibit to you a scene as shocking as ever attended the commission of the crime of murder: the circumstances are extremely short, and must necessarily be so, since the crime was committed when he, the prisoner at the bar, and his wife were alone in an apartment; however, we are able to lay before you some of those circumstances, as well from the examination of the woman taken before a magistrate, as from what she herself said to others on her death-bed: it appears that the prisoner at the bar and the woman deceased, his wife, were married, I think, in the year 1790, early in that year; they did not live together long, having lived most unhappily indeed from the commencement of their marriage: at the end of six months they parted; but soon after their separation the prisoner at the bar solicited her, over and over again, to return to him; she resisted all those applications, till very lately, before the day when this fatal circumstance took place, she was, in consequence of a visit of his, persuaded to go to his house; he lived in a place called Strutton-Ground , in the parish of St. Margaret, Westminster, and there kept a pork-shop : about twelve at noon, on the 16th of August, this woman went to the house; she had been in the shop but a very few minutes before there was an appearance about him that alarmed and frightened her much; a very little conversation took place, and it seems the conversation was of this kind; she intimated to him, the prisoner, that he was connected with some woman in that neighbourhood; he, on his part, immediately began a charge of recrimination; he said to her, that his son could attest that she had been seen in bed with several different men; soon after it was (indeed her account even to the magistrate and nurse who attended her on her dying bed does not go much further) he instantly took a knife that lay in the shop; she was considerably alarmed, and retreating from it, she ran into the parlour; he followed her, and instantly rushed upon her; he got her down on the floor, and made a stab at her with the knife, but meeting the resistance of her stays, the knife broke; he left her, and went into the shop a second time, and returned with another knife, indeed a most deadly instrument; the woman, then on the floor, was calling murder! nobody came to her on the instant, so that the savage had got her the second time, kneeling upon her, and stabbing her in several different places; she attempting to make all the resistance she could, putting her hands to the place where she received the wound,

her hands of course became cut, as well as several other parts of her body: at length the cries of the woman drew the attention of the neighbours; several people came round; and it will be proved, that he was seen in such a situation, so using the knife; and the immediate, the inevitable impression on your minds must be, that at that time he was in the perpetration of this murder; at first some women were afraid to go in, but other people came; then the man, alarmed from his savage purpose, he indeed had left off either stabbing or striking her; the woman had got from the floor, and had got, somehow or other, this knife in her hand, rushing out of the parlour, and saying that was the knife he had cut her with: one of the witnesses will tell you that she was driven to every sort of resort that a mind at such a time could enable her to lay hold off; she called out, Dear George, dear George, do not kill me! however, he went on in the completion of this purpose: when he was apprehended, the poor woman was sitting by him; she was taken for medical application, and conducted to the Westminster infirmary; the poor woman lived until the 28th; the medical assistance that she met with indeed turned out so successful, as to all the wounds that had been given by the knife, that several of those wounds were actually healed within that time; and the surgeons hardly attribute the cause of her death to any of those wounds, but to the violent contusion in consequence of the bruises on one of her breasts, which will be more properly described by them, having a sort of connection with the lobe of the lungs, was the cause of her death. Having stated the outline of the evidence, and which will be supplied by testimony that will leave no doubt on your minds, that your attention will be especially called to the particular circumstances of this case; Gentlemen, the crime of murder, in our law, must always have that constituent part, namely, a malice aforethought, and that malice must be either expressed, or implied from the circumstances of the case: whenever any human being comes to death by the hand of another, that homicide must always be accounted for by the person accused but, gentlemen, it sometimes happens, and the law indeed, always attentive to the nature of our being, admits, that circumstances may be of a kind to raise a sudden natural gust of passion where there has been no predetermined malice, nothing before harboured in the mind, and under the impulse of that passion a person even inflicting death on another, that by possibility may only amount to the crime of manslaughter; but, gentlemen, in the present case, under the circumstances I am instructed to state to you, that it appears to me the present case will preclude the prisoner at the bar from all such considerations; but if there should appear any cause, which I at present cannot think can appear; but if there should appear a possibility for his accounting for this horrid transaction, by any thing that can furnish the least degree of excuse, you will hear that excuse with wonderful satisfaction, because it will be for the honour of human nature: if there be any thing on the part of this woman, any thing on the part of this woman's behaviour, any thing that could induce a natural provocation, and that sudden gust of passion not originating from any preconceived malice in his mind, not originating from any circumstance, you will readily attend to it; on the contrary, if the behaviour at the time appears to be such as could not be called for by any provocation that the poor woman could have manifested, and therefore indicates a savage and brutal mind, there can be no doubt but that will come up to the crime of murder: Gentlemen, in common cases, between man and man, for indeed the distinction frequently occurs so as to be obvious, Judges always direct juries accordingly; where a blow has been given, as from man to man, that may easily, naturally, properly (I may almost say), occasion a gust of passion, that may amount to manslaughter; but, as between man and wife, nay, as between man and woman not with that connection, it appears to me that the distinctionof manslaughter can rarely ever arise where the crime has been attended with circumstances like those I have described to you: Gentlemen, on an occasion like the present, I should think myself extremely to blame, if I was to comment more on a case like the present: you shall hear the evidence; and I am sure, gentlemen, your determination will be as satisfactory to the Judge and Jury as any determination can possibly be.

ELIZABETH SPENCER sworn.

Mr. Fielding. Where do you live? - No. 14, Strutton-Ground, Westminster.

Do you live near the shop that was kept by the prisoner at the bar? - Next door to it.

He kept a pork-shop there? - Yes.

On the 16th of August, about noon, did you observe any thing that took place in the shop of the prisoner? - Yes.

Tell your own story, and let my Lord and these gentlemen hear you. - It was on a Tuesday, between the hours of twelve and one; I was sitting in our back parlour, and we heard a rumbling, and then something which fell with a considerable weight, which shook the room where I and Mrs. Gardner were; I was desired by her to go to the door; I went, and I saw many people standing round the door of the prisoner; I went into his house, and went half way up the passage from the street-door; the left hand is the shop; and I heard the cry of murder! very loudly, by a woman; I only heard it once; I went back to my own door, and Mrs. Gardner desired me to go a second time, and I met a woman who lodges in the house, I do not know her name; she took me by the left arm, and pushed me into the back parlour, where the prisoner was, and his wife; the fire-place was facing the door; the woman lay on the floor, on her right side, with her face towards the fire-place; the prisoner was kneeling on her left side with both his knees, between the arm-pit and hip; she was struggling, with both her arms up; she had no cap on, and he had hold of her neck-handkerchief with his left hand, and in his right he had something which appeared like a knife, striking at her with it; it appeared like a knife by the handle, I did not see the blade.

In what manner was he using his hand? - I saw him use his hands once like a back stroke towards her throat, as it appeared to me; then I put my hands together, and ran out.

ANN GATENBY sworn.

I live at No. 64, in Strutton-Ground; my kitchen is directly opposite to the prisoner's; I was there, and heard the screams of murder! I went up stairs, to hear where the cries came from, and I saw Mrs. Spencer come out with her hands up, and from what she said I went in and looked into the parlour; I saw Mrs. Dingler laying on her right side, and Mr. Dingler kneeling on her left side, on both his knees, having hold of her neck-handkerchief with his left hand very bloody, and the knife in the right hand; he seemed to me, by the motion he had under her neck, as if he was attempting to cut her throat; I called to him, with my hands clasped together, for God's sake, Mr. Dingler, do not kill your wife! for God's sake, Mr. Dingler, do not murder your wife! he looked round to me with a sniggling grin, but did not speak; I went out of the room, and saw Mrs. Dingler lay bleeding on the room; then I went away, and called for assistance; I did not go in the house any more: I saw Mrs. Dingler after this; I found assistance was coming, and I returned back to the door; Mrs. Dingler was coming to the door.

How long was this before the time you first left him? - Nearly about ten minutes; then, on returning, I saw Mrs. Dingler coming into the passage, with a knife in her right hand.

Where was Dingler at that time? - About a yard behind, or he was coming after her.

What did Mrs. Dingler say to you? - I came to the door, and I said, Dear me! what a distressed creature here is, murdered! and she held out the knife, and said this is the knife which I am murdered with.

Describe a little the situation of this poor woman when you met her in the passage.

- I saw her in the passage, with a knife in her hand, covered with blood from the head to the foot; she had no cap on at all; she delivered me the knife, and said this is what I am murdered with.

When she said this to you, did Dingler say any thing to you? - He said nothing; he returned into the shop; he was coming after her, about a yard behind; he went into the shop, and looked through the glass of the shop-window at the people.

Court. That was when his wife was gone into the street? - Yes; she fixed her hands, and rested herself on the top of the step, in a very weak condition; and at last she sat on the step of the street-door: I went to the next door but one, and I was shewing it to the people what a weapon it was, and Mr. Barrow came up and desired me to let him look at it; he put it into his pocket, and ran away with it, and I never saw it till I saw it before the justice; the knife was very bloody.

Court. When he was kneeling on the deceased, can you describe what part of the body? - On the side.

Was it on the front, or the back? - It was on the front.

RICHARD BARROW sworn.

On the 16th of August did you receive any knife from Mrs. Gatenby? - Yes; (produces a knife, a large pork-knife, all over blood;) it was all over blood when I had it, wet at the time, handle and all.

Did you see any thing of the situation of the poor woman? - Not when she was in the house; I saw her from our window; the people sent for me; I went, and the man refused to let her in the house; I immediately told him I would not do any thing till she was admitted; then he said she might come in, he cared nothing about her; she was not let in; I desired she might be taken to the Westminster hospital; I took the knife from Mrs. Gatenby, and put it into my pocket; I went to the hospital, but the woman was not come; I waited till she did come.

Had you any further conversation with him or with her? - I had with her, but not with him; I think it was on the Thursday night; I went to see how she did.

Mr. Garrow. This transaction took place on Tuesday? - Yes.

The conversation you are now about to relate was on the subsequent Thursday? - Yes, or on the Wednesday evening.

How long did the poor woman live after that? - I believe, twelve days.

You are a medical man yourself? - Yes.

At that time, when you had that conversation with her, do you imagine she was in danger of death? - At first it was impossible to tell.

But at that time were there hopes of recovery? - There were.

Did you communicate those hopes to the patient? - I did not.

But at that time you considered her not in a dying situation? - I did.

Mr. Garrow. Then you will not relate that conversation; Mr. Fielding agrees with me, that it being so long before her death, that it is not proper.

Did you continue to visit the woman occasionally till her death? - Till within four or five days of her death.

She had some very dangerous wounds? - There was one, the danger of which we could not at first ascertain; it was at the top of the breast bone; it appeared to be inflicted by a sharp, cutting instrument: there were several other wounds; one on her forehead, which appeared to be given by a stab, and two or three cuts on her face like chops.

After this had taken place was her head opened? - I believe it was not.

Therefore you cannot inform us whether there was any fracture of the skull? - No, I cannot; I fancy it was a very trivial wound.

You do not know the state of the brain? - No.

We all know very well a very small stab might occasion an exfoliation of the skull? - Not in this case; it did not appear so to me.

In general that is an effect very likely to be produced by such a case? - It may.

You have known, I dare say, instances in which a blow of the breast has produced that effect? - I never knew it.

In the case of a fracture you do not think there are hopes till the 16th day? - No.

This woman died on the 12th day? - Yes.

Injuries on the lungs are not in general so mortal as injuries on the brain? - That depends on circumstances.

So does every thing; but the brain is of the more delicate texture? - Undoubtedly it is.

Extravasation there does not easily get cured; a rupture of the vessels does not get easily cured? - It does not.

However, there was no opening of the head? - There was not.

From all these appearances, together with the degree of violence that has been described, do not you conceive those wounds, upon an irritable habit, a habit addicted to drinking, were the cause of her death? - No, Sir, I do not consider it from the wounds.

From what cause? - From blows, pressure, or both.

Was the body opened? - It was; I saw it.

WILLIAM DICKSON sworn.

I was going past the prisoner's house on the 16th of August; I run into the house after my dog, and I heard the woman call out, Oh, my dear George! do not do it: then I went into the passage, to the parlour door, and I saw the prisoner kneeling upon her, but his back was towards me, I cannot say on what part, and he was in one corner; he looked round when he saw me, and turned round and got off from her, and wiped his hands, which were bloody, on his apron; and she arose up, and took the knife from off the floor, and brought it to the door, and gave it to one of the witnesses; I saw no more.

WILLIAM ROGERS sworn.

I was coming past this house on the 16th of August, Tuesday; I was coming down Strutton-Ground; I saw a great concourse of people at his door; two women came out, crying out, He is cutting her head off, Murder. I instantly made the best of my way for a constable. One Henderson said, he was a constable. I went in with him to take him; then Henderson said, he would have nothing to do with it. Then I went in again to take him. After that he took up a knife, and went backwards into a back room; then I followed him; I drew my sword; and Henderson and another gentleman followed me immediately, and we secured him.

Had he a knife in his hand at that time? - He had a knife in his hand, his steel round his waist, and a bottle in his pocket, which was taken out afterwards. I desired him not to attempt to do any thing to himself, but to surrender himself up; it would be better for him; the case might not be so bad as he expected. The phial was a small bottle in his breeches pocket; I do not know what it was. Henderson took the phial out of pocket.

JAMES HENDERSON sworn.

I am one of the patroll. I went with the serjeant to apprehend him. I took a phial from him, and gave it to John Taylor , the constable.

JOHN TAYLOR sworn.

I produce a bottle, which Mr. Henderson delivered to me, and a steel which he had by him.

(The bottle had laudanum.)

ROBERT ABINGTON , Esq. sworn.

I am a magistrate for Westminster.

Did you visit this poor creature in the hospital? - I did.

Did you take her examination on oath? - I did, on the 17th.

Mr. Garrow. My Lord, I object to that; I take it I need not state any objection to you. My learned friend does not offer this as the examination of a person deceased, under such imminent danger of immediate death as the law would justify in

receiving without oath; this is an examination upon oath. I humbly submit, that the law is precisely the same, whether it be the examination of the person deceased, whose death is imputed to the person accused, or the examination of any other ordinary witness, who had known something of the transaction, who had died subsequent to that knowledge before the trial. I need not enlarge very much on the danger which would necessarily result from receiving such evidence, if a person in full health (for so I am inclined to state it) as this is, not under the pressure of appearing before a higher tribunal; it stands exactly as if Mr. Barrow, for instance, had gone before a magistrate, and there made an examination upon oath, either in the presence of the prisoner, or in his absence, without any cross examination; because you know it is the course of office of many magistrates, though certainly not very proper, to take just so much as is necessary for the conviction of the prisoner, reserving the rest for his defence on trial. Now, in order to put the argument more distinctly and plainly, taking this to be the deposition of any body else besides the woman deceased, and supposing Mr. Barrow had died since he was examined before Mr. Justice Abington, could his examination have been received as evidence? My Lord, if I am called upon to illustrate the mischiefs that must result from receiving this examination, to be sure the difficulty is not very considerable. It may and will happen, in consequence of death by duelling, for instance, that there is but one single witness; now suppose that witness goes before a magistrate, and there truly deposes that the party fell by my hands, that party who has given in his examination, and was the second, is dead before my trial can come on, and then, according to the argument, his examination not taken in my presence, and without the advantage of cross-examination, taken behind my back, not containing all the circumstances that he knows, but containing just so much as shall justify my commitment, shall be heard against me; suppose this same second to live till the trial, though he should depose on that trial that the deceased fell by my hands, yet suppose on the cross examination he deposed that the deceased assaulted me; that he called me to answer; that I was reluctant, and offered terms of reconciliation; and that I was obliged to discharge my pistol in my own defence; certainly, though I should be discharged, yet by this compendious mode of proceeding, supposing him to have died, I should stand at this bar accused by the testimony of a man who meant no wrong indeed, but who had disclosed so much as was necessary to criminate me. Only consider, my Lord, the situation in which I should stand; and permit me to ask, with great humility, whether this case does differ from that which I have been feebly representing? This woman might have recovered after the examination; the offence would have been a different offence; it is offered to you just as the examination in the case I have now stated; as the examination of a witness before a magistrate upon oath. As far as I have been able to tax my memory, I have not found one instance where such an examination has been received; and although my poor experience is so little, yet to be sure the knowledge and experience of your Lordships, particularly of one of the learned Judges on the bench, would furnish such precedents, if any there are; therefore, I submit that this evidence would be extremely dangerous, if received.

Mr. Fielding. This is not the examination of a prisoner, but the examination of the deceased. It is an examination upon oath.

Court. I have ruled against it.

Mr. Fielding. You attended at the hospital, Sir, when the poor woman was there? - I did, the next day after she was sent there.

You took her examination upon oath? - I did.

Have you that examination in writing? - I have. I took it myself; read it to her, signed it myself, and saw her mark it; which she did with great temper and

great coolness. I recommended to her to be quiet and composed, and not to hurry herself, but to speak the whole truth.

Mr. Garrow. My Lord, I beg pardon, this objection came by surprise; but there is certainly an authority of very considerable weight expressly in point, to shew that this examination under the circumstances cannot be read. I beg pardon for it; the answer to my objection, as it is understood at present, is, that the statute has authorized the magistrates to take the examination of the prisoner, and of the witnesses, to return them to the Court of Gaol Delivery; and if the witnesses should die in the mean time, these depositions should be read. Statute, the 2d and 3d of Philip and Mary, chap. 32, that applies to this question.

The consequence of the law is, that if an examination has been taken pursuant to the directions of this statute, and certified here, that then, if occasion requires, and if the case is let in by the death of the party, it may be read; but I insist that this examination is not taken pursuant to the statute; that it is not one of those provided by the statute, which I shall prove, first, by the language of the statute, and then by the circumstances of the case. The statute says,

"That every Justice or Justices,

"before whom any person shall be

"brought for manslaughter, or felony, or

"suspicion thereof, shall take the information

"of those persons, and of the prisoner,

"of the fact and circumstances

"thereof, and as much thereof as shall be

"material to prove the felony shall be put

"into writing within two days, and returned

"to the sessions." The language of the statute is, that the Justice has nothing to do but with a man coming before him to be committed. This is an examination which Mr. Justice Abington certainly took, from very honourable and proper motives, from the deceased; but it was not in the course of a judicial examination; the prisoner was not present; the prisoner was not on his defence; and though I admit that there is no magic in a Justice's office, and though I admit that he might have held examination in the hospital, acting strictly in pursuance of the statute of Philip and Mary, that he might have thus brought the prisoner before him, and then I agree that this examination might have been read. I take the liberty of telling your Lordship, that this case has been very fully considered indeed in the year 1789, in this place. When I mention to you the authority of the Lord Chief Baron, who was the trying Judge, assisted by Mr. Justice Ashorst and Mr. Serjeant Adair, I shall have instant credit for the case being fully considered. It was a murder of a wife by a husband, of the most atrocious nature; it was a case as atrocious as that which is opened against the present defendant; more, certainly, it cannot be. He had invited his wife to go out in the fields, manifestly for the purpose of murder. A magistrate, of the name of Read, attended this poor woman in the poor-house; he found her a baptised mulatto, in a state of perfect recollection; he told her he was a magistrate come to take her examination. He admonished her to speak the truth; and as she appeared sensible of the importance and danger of falsehood, he administered an oath to her. He took her examination, read it over to her, and gave it to her to sign; she made her mark, and it was read in evidence. The Lord Chief Baron, in summing up the case, for there was no objection taken at the bar to receiving this in evidence, but after it had been read the learned Judges themselves upon consideration were of opinion that it ought not to have been received. It went to the Jury, but it went expressly, and in a marked manner, as an examination taken in extremis, when the poor creature considered herself near her end. The Judge laboriously stated to the Jury, that under all those circumstances it could not be received, in the only way in which the present examination is contended to be received. The Lord Chief Baron says thus:

"If I was satisfied

"that the case was quite full, without

"this circumstance of her confession, I

" would not state these circumstances to

"you at all, as I would not wish that they

"should make any part of the consideration

"now before you, because they come

"under some difficulties. Great as this,

"and every crime of this nature must always

"appear to be, the conviction must

"proceed on grounds of legal evidence;

"and ordinarily legal evidence consists in

"the deposition of witnesses, taken on

"oath, before the jury, administered in the

"face of the Court where the prisoner is

"tried; and that evidence comes down to

"the jury, under all the advantages which

"examination and cross-examination can

"give. There has been admitted beyond

"that kind of evidence, two other species

"of evidence; one is the declaration of

"the dying person, who has been murdered;

"and that has been admitted under

"certain circumstances, to stand in the

"place of evidence given before a jury on

"oath. Another species of evidence has

"been, that of examinations taken before a

"Justice of Peace, having, under a particular

"act of parliament, a justification to

"take such examinations; and being called

"upon to send such examinations afterwards

"to the Court of Gaol Delivery,

"where, if by accident, the party should

"die before the trial of the prisoner, it

"should be of necessity substituted in his

"room." Here he comes to that which, I humbly apprehend, rules the present case.

"A doubt has arisen among us, to which

"doubt I subscribe, which is, whether the

"examination taken by Mr. Read, is an

"examination of that nature; for the examinations

"directed to be taken by act of

"parliament, are examinations taken where

"persons are in custody, and when the justice

"hears the examination of witnesses

"against persons in custody, upon which

"examination he is to do his duty, either

"to commit, or to bail: such examinations

"are allowed to be read after the death of

"the party. It was a very proper and

"prudent act of the Justice; but it was a

"voluntary act of him, at the request of

"the overseer. Now that voluntary examination

"is like every other, not taken

"before the jury who tried the prisoner,

"and therefore not properly to be received

"as an examination on oath; but though

"we must strip it of that sort of sanction,

"yet still it is the declaration of the party;

"signed by herself; and you may class it

"with all those other declarations which

"this woman made after she was found,

"and before she died. Now, with respect

"to that, the general rule by which these

"declarations is made evidence is this, they

"are declarations made in extremis, when

"the party is considered as at the point of

"death, no hopes for this world, with

"every obligation upon them therefore to

"speak truth; and that situation being

"considered as so solemn and so awful, as

"to create an equal obligation to that of a

"positive oath, judicially administered."

My Lord, if one could trust one's self to say a word after this, it would be, that his authority grows out of the statute of Philip and Mary; it is commensurate with the terms of it, therefore it is utterly impossible, that unless the prisoner is present, as it seems on the authority and language of the statute, aided by this late case, your Lordship will be of opinion this examination cannot be read.

Mr. Fielding to Mr. Abington. I understand you did not send for the man to be examined again? - No.

Did you commit on the examination? - After I had committed him once, I sent for him again, that he might have all the advantage he could make of it.

Mr. Garrow. Had he the advantage of suggesting the questions to the woman? - No, he had not.

Mr. Fielding. If your Lordship tells me, that you subscribe to the opinion as delivered in the case cited by Mr. Garrow, I confess it struck me at first as an objection not at all tenable on any possible ground; I should have argued it, setting the act of parliament out of our view; I should have bottomed myself in that first principle; I have reduced all my reasoning within the compass of that principle, that the best evidence

is required that the nature of the case will afford.

(The examination not allowed to be read.)

JOHN SCOTT sworn.

I am house-surgeon to the Westminster Infirmary. On the 16th day of August this poor woman was brought to the Infirmary between twelve and one; she was wounded in different parts of her body; her face wounded superficially in five or six different places; her hands wounded also superficially in four or five places; there was a deep gash on the upper and interior part of her chest on her breast; it appeared to have been made by some cutting instrument.

Were there any other wounds that appeared to have been made by a cutting instrument? - All of them.

Were any of these wounds, according to their first appearance, dangerous in your opinion? - That on the breast-bone might be dangerous.

What did you order to this poor woman when she was taken under your care? - The wounds were dressed. She complained of a pain in her right breast.

From her complaint, and your inspection of the part, could you or could you not determine that there was any danger from that pain? - There were appearances the next day of discolouration of the skin.

Were there any appearances of danger from that? - Yes.

I apprehend you dressed her wounds as soon as you could? - Yes.

The second day, then, from the discolouration of the skin, and the complaint you had heard the day before, you conceived there was danger as well from that as from the wound in the breast? - Yes.

Did any other appearance arise from the course of the second day? - No, Sir, that pain began to increase, and she had difficulty of breathing. I am not able to speak any further, as she was taken under the care of the physicians the second day. I am not very sure whether she complained of this pain in her right breast on the first day, but she did the second.

Did her wounds heal and get better? - They were nearly healed when she died.

How long did the woman live? - Twelve days, I think.

On the twelfth day she died? - Yes, she did.

Was the body opened after the death? - It was.

Could you, before the opening of the body, determine to what cause that death was attributed? - No.

Did you see the body open? - I did, by the direction of Mr. Watson, the senior surgeon of the hospital.

Upon opening the body, did any cause appear to your observation from whence you ascribe her death? - Yes.

From what cause? - From a rupture of some blood vessel in the cavity of the thorax, as there were found two quarts of blood in the right cavity; the internal mischief corresponded with the external.

Describe to the satisfaction of the Gentlemen of the Jury to what external appearance this was connected? - From the bruise received on the right breast.

Then from the bruise that was received on the right breast, this which was the internal injury appeared? - Yes.

Do you therefore think that the death of the woman was to be attributed to that injury, according to the best of your opinion and skill? - I believe it was.

Did you at any time communicate to the woman your opinion of her situation? - No, Sir, I did not; I gave her the best hopes.

Was the head opened? - It was not.

Having gone so far in your enquiry, were you satisfied that the injury you have described was the occasion of her death? - Yes, Sir, I am satisfied in my own mind that it was.

Did any other surgeon attend your examination? - Mr. Watson, he is here, and the physicians were present.

Did these dangerous symptoms increase on the woman? - They did.

At what time did you think there was imminent danger? - About three or four days before her death.

Had the discolouration increased? - No, but the difficulty of breathing had become greater.

Mr. Garrow. On the first day, as far as as you recollect, she complained of the wounds? - She did.

The wound on the breast bone was about an inch deep? - It was.

How far removed from that part of the breast that was discoloured? - About two or three inches.

When you speak of the breast, you mean the breast, properly so called? - I mean the sternon.

Beyond all question, the discolouration of the breast might be occasioned by external violence offered to the breast? - It might.

Might it not be the consequence of a wound on the sternon? - No, Sir, I do not think it could.

Might it not be the consequence of the the extravasation of the blood under the sternon? - I think not.

Was the discolouration on that part of the breast nearer to the sternon or further from it? - Further from it.

Was there any spitting of blood? - I believe there was a little; the expectoration was chiefly blood.

Was it the latter part of the attempt to cure, or the beginning? - I believe it was at the beginning, the discolouration got better.

An injury on the breast must have been of a very violent sort indeed, to have affected the internal part so as to have produced a rupture of the blood vessels? - Undoubtedly.

Is not it possible that that rupture was occasioned by the blow on the sternon? - No, Sir, I do not think it.

Supposing so great a degree of violence to have been inflicted on the cavity of the thorax, to have occasioned a rupture of the blood vessels there (protected as that cavity of the thorax is by the ribs) would not the appearance of the breast have been much worse than it was in the present case? - I think so.

If there had been a sufficient degreee of force applied to the external part of the body on the breast to occasion that extravasation of the blood, the appearance of the breast would have been more discoloured, in all probability, than it would have been on the present occasion? - Yes.

Mr. Fielding. Do you mean, must have been, might have been, or would have been? - There was a greater mischief internally than there was externally.

Was that wound, in your mind, at all the cause of this extravasation in the thorax? - It was not.

Do you, or do you not, attribute that interior injury as arising from this contusion on the breast? - I do.

Court. You say she complained of pain the second day? - She did.

Did you observe any discolouration on that part where she complained of the pain? - Yes, I did.

Mr. HENRY WATSON sworn.

Mr. Fielding. Did you superintend Mr. Scott when he opened this woman? - He opened her by my orders, and I was by when he opened her.

Did you see her before her death? - Yes, almost every day I saw her, the very day she came in, the very hour.

Most of her wounds were cutaneous, except the wound on the breast? - She had a wound between her finger and thumb, which seemed to be made by drawing a knife over her hand.

Was the death of this poor woman occasioned by that wound, the most dangerous one on her breast? - There was a wound in the center of her body on the sternon.

Was that wound which was given by a sharp instrument the occasion of her death? - It seemed to be given, not with a very sharp instrument, but like that knife; it was prevented from going very deep, it stuck in the bone of the sternon; I could not call

any of these external wounds mortal, not any of them, not even that on the sternon; I saw the body opened; she went on for about three days, very tolerably well, the fourth day, and complained of pain in that side of her chest, and difficulty of breathing; she complained a little from the very first day, but not of much consequence till the fourth day; then she began to be very uneasy in her chest, and difficulty of breathing; I examined the breast, there was the mark of bruises, a contusion in the skin, as if a person had been boxing, a little towards the sternon.

Did this, from the fourth day, till the time of her death, alter its appearance? - Not a great deal, it grew rather stronger, the appearance grew rather stronger every day.

When you saw Mr. Scott going through the operation of dissecting the body, did you discover the cause, according, to your opinion, of her death? - That I did very particularly discover; I imagine it was the extravasation of a great quantity of blood and serum in the cavity of the thorax, with a great discolouration of the lungs, which appeared very bad, and which extravasation was enough to have oppressed any body.

What injury done to the body, either exterior or interior, according as you could collect, was the occasion of this? - Either some violent pressure or blows; violent blows on the body, or some great weight upon her of that kind; it had the appearance of pressing, she was a very corpulent woman, very fat, very relaxed, and weak fibres.

Then this appeared to have arisen from some violent pressure on her body? - Yes, I only mention this circumstance of her being so very fat, having such relaxed fibres, that she was more liable to injury from pressure, than others not so corpulent.

Was there any particular part of the body, the breast or any where else, that you derive this inward injury arose from? - From the appearance on the right side of the chest the injury seemed to have been done; she was very clear in her senses, and was very well, she had no pain or uneasiness in her head; we did not open the head, there was no necessity for it.

Do you, on the whole, in the way in which you make up your mind, attribute that inside injury to that cause? - Yes I do, I do not think the wounds with a sharp instrument sufficient.

To the wounds with a sharp instrument you do not attribute her death? - I do not.

Mr. Garrow. Excuse me doctor: to the wounds unconnected with the extravasation, you do not attribute the death? - No.

When you describe her to be a corpulent fat woman, do you mean that she was large made? - Large made.

Supposing a violent blow to have been given there, it would not be extraordinary that there should be a rupture of vessels in some adjacent parts? - That might take place, to be sure.

After the disposition to the rupture of vessels, that appearance would continue to increase till you would not be surprised to find they had discharged two quarts of blood? - That is very certain, if numbers of vessels are broke they will continue to ooze so as to fill a large cavity.

Might not an extravasation of blood be occasioned by the cutting the vessels, as well as by the contusion of them? - Undoubtedly.

Then, supposing any of the vessels on the sternon of my body to be cut by such an instrument as this, a consequent extravasation might take place? - It might happen, and it might not, if a number of small vessels under the skin were cut, supposing the wound to go no deeper.

The extravasation having taken place, from whatever cause, the difficulty of breathing would be occasioned by the cavity being filled, in which the lungs cannot operate? - Certainly.

Are not the vessels under the sternon, which, if ruptured, would discharge their contents into the cavity of the thorax, more exposed to the danger of rupture from the pressure of external violence, than those

vessels under the breast of a fat corpulent subject? - They certainly are; one reason is, they are larger.

Mr. Fielding. Does it appear, according to your best examination, that this wound on the sternon was occasioned by a sharp instrument, or otherwise? - Not from a sharp instrument.

Mr. Garrow. The fair question is this: Whether you can take upon yourself to say, in a case of life, on your oath, whether the cause of the death arose from the injury on the sternon, or from an internal injury? - Not from the injury on the sternon, nor by the injury on the breast externally, but from an internal injury.

The question is, Whether you can venture to say, that that internal injury was not occasioned by the pressure, of which you observed that mark on the sternon? - It is necessary to enquire into what she might have suffered from pressure.

But judging in the abstract, are you enabled to say, that that extravasation was not occasioned by the wound on the sternon? - I do not think it was; it was occasioned by the pressure.

Are you able to say that it was not? - Yes, I am able to say that, because I did not observe any mark of it.

Mr. Fielding. A little beyond what might have been, are you enabled to say, according to the best of your opinion, whether it was owing to any pressure on the sternon, or to any other pressure on the body? - I believe it was owing to the pressure on the whole side of the chest, in which the sternon might have its part, but not singly on the sternon.

Court. Did any of the vessels on the sternon appear to be cut? - No, Sir; it was owing to the external pressure of the sternon.

There was no appearance of the knife going through? - No more than that the skin was cut.

Did those vessels from whence the blood was supposed to extravasate appear to be cut? - No, only the vessels of the skin.

Then it was not from these vessels that this blood could possibly extravasate? - No.

Suppose the woman had made no complaint at all, and you had not seen any discolouration, of the breast, and you had seen that a blow had been given by a knife on the sternon, could you by that have accounted for the extravasation of the blood in the cavities? - No, I could not.

Should you have attributed this extravasation to that blow given by the knife on the breast? - I certainly should not.

Mr. Fielding. Who was the physician that attended this poor woman? - Dr. Morris.

Dr. WILLIAM BLACKBURN sworn.

Mr. Fielding. You attended this poor woman in the hospital? - Not through the whole of her illness; she was admitted on the 9th, and I saw her for the first time on the Saturday following.

What was her situation? - I did not form any opinion of her at that time, because I considered her as a surgeon's patient merely; I could not attend her regularly till the Wednesday following; she appeared to be under considerable distress with respect to her breathing; she had a very bad pain in her side; she could not lay on the opposite side to that which was affected; she was extremely restless, and had a great deal of anxiety in her countenance: these symptoms appeared to me of a very dangerous tendency.

Were her situations and symptoms such as to derive apprehensions in your mind for her situation? - She was very much afraid of dying; she thought she should die. I encouraged her, and gave her hopes; not from any conviction of her recovery, but merely to comfort her, from motives of humanity.

Did you observe, during your continuance, whether the apprehensions you had discovered, were or were not removed from her mind? - I apprehend not entirely; but that is only apprehension; this was on the Wednesday preceding her death.

MARY BLUNT sworn.

I am the nurse at this hospital; I attended her in the day-time during the whole time; there is a night nurse in the night; but if any thing happens, I always come in. The first day that she came in, she was in a very bad condition of blood; when her things were washed, and she recovered herself, she complained of a pain in her side.

You continued to attend her to the hour of her death in the day-time? - Yes, I did.

Now, within the three or four last days did she say any thing to you then? - Only how terrible bad she was; only how her husband had used her.

Did she say any thing about her husband during the three or four last days of her existence? - No; she never mentioned him after the first time that she told me how cruel he had used her, which was on the first day, when she recovered herself a bit.

MARY MUTCH sworn.

I knew the deceased since 1769; I knew very little of this husband, but I knew her first husband.

Did you see her any time after the 16th, or on the 16th? - I saw her the 16th, between six and seven in the evening at the hospital.

Court to Prisoner. You have heard what has been sworn against you by these witnesses. You are charged with the murder of your wife; do you wish to say any thing in your defence.

Prisoner. I leave it to my counsel.

ABRAHAM MARTIN sworn.

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

Did you know his deceased wife? - I did not know a great deal of them.

On the 16th of August was you at his house in Strutton Ground? - Yes, I lodged there.

Did you see any thing pass between the prisoner and his wife at that time? - I was come out of the country, and coming by the shop where they both stood, she had been abusing him, and cursing and swearing at him, and he said nothing at all; then there was a butcher's chopper laying on the window, she took that up, and made a full blow at his head he took the chopper out of her hand after she aimed a blow at him, and he laid the chopper down; I staid a little while afterwards, but there were words, and I went up stairs into my my apartment; I would not stay any longer. I had not been many minutes up stairs before I heard the cry of murder.

How many minutes do you think it was? - Perhaps it might be six or seven minutes.

When you left them they were still quarrelling, and in six or seven minutes you heard the cry of murder? - I do not know what happened afterwards; I saw nothing more happen. I have known the prisoner since Midsummer-day; he is as good a natured man as ever took the house, and a sober man; I saw him three or four times a day.

Mr. Fielding. What day was this? - I believe it was the 16th of August.

How long did you remain up stairs after you had heard any noise below? - Six or seven minutes before I heard a fresh noise again; then I came down stairs, and there were several people in the passage.

When you first went into this shop, you heard them quarrelling? - Yes.

Do you recollect any of the words made use of? - No further than calling rascal and rogue, and such as that; I did not take any great account of what she said further than that; I did not expect any more should be of it.

You did not interfere at all between man and wife? - Not at all; I did not expect any danger.

So he took this knife out of her hand without any difficulty? - Yes.

The prisoner called ten witnesses, who gave him a very good character for sobriety, humanity, good-nature, and tenderness.

Mr. Garrow. I fancy, as far as a good character goes, the jury do not wish for

more satisfaction; there are a vast number more.

Mr. Garrow. My Lord, now the evidence is closed, I feel it my duty, as counsel for the unhappy man at the bar, to state to your Lordship two several objections on his behalf; the effect of one of which, if I succeed, will be, that your Lordship will be compelled in point of law to instruct the jury to acquit the prisoner altogether. If, however, I should fail in that, the remaining objection will have the effect of reducing the crime to manslaughter; and he must have been a very inattentive observer of all that has passed in this Court for some hours, that has not observed that mine is at this moment a very painful situation. To your Lordships, who know the legal constitution of the country, and to whom I may perhaps, without presumption, say, I have the honour to be known; to your Lordships and the Jury I am sure it is unnecessary for me to make the least apology. Let it be recollected, and when I say so I mean, let it be recollected by all the bystanders, (for you do not require to be reminded of it) that every man is presumed to be innocent till proved guilty; that every man who is indicted is entitled, God knows not to make an ample defence by counsel, but to the assistance of counsel; therefore, though the duty of a profession every now then imposes a painful task on an individual, every body must feel it is the duty of that individual to discharge that task manfully, and to the best of his power for the life of the man committed to his care. Nobody can therefore blame me for suggesting two objections to your Lordships. The first objection is that which goes to an acquittal, upon this ground, that the indictment imputes the death of this woman to have taken place by means, and under circumstances, which the evidence before your Lordship and the jury does not sustain. I am not uninformed that there may be modes of death, which, though not charged with perfect accuracy in the indictment, may be charged with something approaching to accuracy; but I take it to be clear, that if the death imputed in the indictment be different and variable in any essential degree, that then the defendant will be entitled to an acquittal. This has been long the law as laid down in the books; the distinction has been broadly marked, so that any man who runs may read. In the present case the indictment charges, that the death was occasioned by throwing the deceased to the ground, by bearing and pressing her with the hands and knees, and feet, and by that sort of pressure. I shall confine myself to my province, and I insist that the evidence proves a death by other and different means; by means so distinct, as to be within that distinction which the ancient wisdom of the law has laid down, and which entitles the defendant to his acquittal. I am aware that the surgeons have delivered their opinion that the death was occasioned by an extravasation of blood which filled the cavity of the thorax; that in their judgment that was occasioned by an external violence opposed to the breast, and not to the sternon. I think, in so stating it, I do ample justice to the force of the pressure of the argument against it; but although the jury are to form an opinion, that is to be an opinion grounded (I speak it with all the respect necessary) from the premises given in evidence; and that they have said, that the pressure of external violence on the sternon has in the present instance done, that which in the abstract it may do: Mr. Scott and Mr. Watson have told your lordships, that from the formation of the human body, from the anatomy of those parts, the probability was, that the extravasation should rather have been on the sternon, than from that part which is more protected from that injury. If the Jury are of opinion that that is so in point of fact, it becomes my duty to apply that in point of law. The indictment should have charged that he, with a certain instrument called a knife, which he had and held in his right hand, did, by one violent cut and blow, which he gave in and upon the sternon of the deceased, which ruptured the vessels, and the

extravasation ensued, and the death came in consequence; and if that fact was so, then I contend that it is not well charged in the present indictment, that the death was occasioned, or the extravasation brought about by means of another species of force and violence, namely, the beating and bruising with the hands and feet of the prisoner. My Lords, the next objection is that, which if the former should fail, will not go to an acquittal, but will reduce the degree of the prisoner's offence; I mean that case which has been stated to you on the evidence of Abraham Martin . My Lords, it is well known that it is not every species of death that is murder. The language of the law is, that in its wisdom, it attends to, and makes allowances for the frailties of human nature, as long as human nature shall continue to be what it is, as long as human nature shall have its frailties and passions, so long Courts of Justice, conversant on the transactions of human nature, must necessarily pay obedience to those passions, and to those frailties; therefore, if you believe the personal danger or violence threatened to the prisoner at the bar, at the time he committed it; then, though you should be of opinion, that he should not have the benefit of the first objection; yet, with great deference, I submit to the Court, that under this evidence, the offence can only be manslaughter. I only mean to shew how the law applies, as I am sure the Jury would not hear me, if I made any observations on the evidence; but the evidence is, that the husband and the wife being engaged in a furious quarrel, she took up a deadly weapon, and aimed a deadly blow at him: that the heat of blood had been increased by this violent act on her part, and still continued, and which still continued increasing, till the cry of murder was heard, and the fatal catastrophe was committed. My Lords, if in any heat of blood, the man has committed this action, under those circumstances, I submit to your Lordships, with all becoming humility, but with considerable confidence in the law, that he is intitled to be found guilty of no higher offence than manslaughter: upon principles so clear as these, recognized in every page of criminal law, from the first books to the last, it would be impertinent to mention precedents; but there is one so lately, and in the presence of the learned Judge, who tries this prisoner, which I dare say he will recollect, before Lord Kenyon, in the last session, he was here; which is so very much in point: it was the case of an indictment against a smith in the neighbourhood of Smithfield, for the murder of his wife by cruelty; the evidence was that in the course of the beating, which the witnesses heard, the woman had repeatedly said this, for God's sake do not kill me, indeed I do deserve it. This was a circumstance which the Judge left for the consideration of the Jury, that she frequently said, indeed I do deserve it. Now, said he, if from this you can collect, that at the time he gave the blows, which occasioned this death, he had received a resistance from this woman, which amounted to that degree of apology, which was sufficient to sustain the observation that the frailties of his nature were the cause of the beating, you may reduce the crime to manslaughter; now that direction his lordship gave, on no better evidence, than that in the course of a severe beating, the poor wretch, who would say any thing for her life, said, to be sure I deserve it. My Lords, I shall not be guilty of the impertinence of renewing an apology on the present occasion, but shall sit down perfectly satisfied that justice will be done to the prisoner.

Mr. Fielding arose to reply.

Court. You have no occasion to trouble yourself, I shall leave it to the Jury, as to the points which have been very accurately stated by the Counsel.

Here the learned Judge summed up the evidence, and the Jury immediately gave a verdict,

GUILTY , Death .

GUILTY, on the Coroner's Inquisition.

Tried by the first Middlesex Jury before Mr. RECORDER.

Clerk of the Arraigns. George Dingler , hold up your hand; you stand attainted for the wilful murder of Jane your wife; what have you to say for yourself, why the Court should not give you judgement to die, according to law?

(Proclamation made.)

Mr. Recorder. Prisoner at the bar, you have been tried and convicted of the very atrocious and cruel murder of your wife: you, by matrimony, had placed yourself in a situation the most likely in this world to afford you happiness and comfort; you had entered into a very solemn contract, for that consolation and comfort which you had a right to expect, to give protection to that woman so long as you both should live; you have, notwithanding that, aggravated your offence greatly, by the consideration that the person whom you have thought fit to murder, was a person whom, above all the world, you was bound by a most solemn contract, by every tie of religion, by every moral consideration, to assist, to countenance, and protect; you have had the good fortune, for this very atrocious offence, to be tried in a country where the administration of justice is a very mild one; and all who hear me can bear testimony, that all the ingenuity of a counsel, and all the patient hearing of a cause, could possibly do in your favour, has been done on the present occasion: the Jury, who upon their oaths are bound as much to protect the rights of the public as the injuries of the individual, after having given every weight that could possibly be given, even to a feather, that might have weighed in your case, have on a deliberate consideration decided against you, and I am under the necessity of telling you the dreadful news, that their decision has the full, complete approbation of the Court: though I have not long had the honour to sit in this situation, I have been called upon twice in the same day to pass the dreadful sentence of the law, which you are now to receive, on two persons who had committed the like offence under the most atrocious circumstances; I pray God, that though their examples have had no effect upon you, that the example which you are about to set, by your sufferings, may have a good effect on others, if there should be any found of a disposition (which God forbid) so brutal as yourself: you have endeavoured to excuse and palliate this offence; for one part of your defence was no alleviation, in point of morality, of your crime; it rested on a point of law, which as Judges we thought it justice to give you the benefit of, however brutal your offence has been; but you have attempted to mitigate that offence, by producing a witness to prove a circumstance of alleviation; and I must say, on that question also, the Court think the Jury have done right in deciding against you: by the sacred scriptures we learn, that whoever spills man's blood, his blood shall be spilled; you therefore, on a clear and satisfactory conviction, have nothing to expect from me but the sentence of the law: I hope you will make use of the very short space of time that is allowed to persons of your description to remain in this world, to the best advantage; and I hope that God Almighty, in his goodness, will at last pardon this very aggravated offence of yours, if you, as you ought, most sincerely repent of the crime which you have committed. Nothing remains therefore, now, but that I pass the dreadful sentence which the law compels me to do; which is, That you, George Dingler , be taken from hence to the place from whence you came, and from thence to the place of execution, there to be hanged by the neck till you are dead, and your body afterwards to be diffected and anatomized, pursuant to the statute; and the Lord have mercy upon your sinful soul!

N. B. This prisoner was executed on the Monday following .

Reference Number: t17910914-2

313. WILLIAM FOLKES was indicted for feloniously breaking and entering the dwelling-house of John Paynton , on the 5th of July last, no person being therein,

and feloniously stealing a wooden trunk, value 5 s. a blue coat, value 2 s. a pair of velveteen breeches, value 1 s. 6 d. a pair of kerseymere breeches, value 1 s. 6 d. a pair of fustian breeches, value 1 s. five linen shirts, value 20 s. two pair of worsted stockings, value 2 s. two pair of cotton stockings, value 4 s. two muslin neck-handkerchiefs, value 2 s a linen pocket-handkerchief, value 6 d. three linen night-caps, value 1 s. 6 d. two cotton night-caps, value 6 d. a black leather pocket-book, value 1 s. 6 d. a pocket dictionary, value 6 d. the Book-keeper's Guide, value 8 d. and two steel razors, value 6 d. the property of John Railton .

JOHN FRANKLIN sworn.

I saw the prisoner come out of this house with a trunk in his hand; I am very sure it was him; he came out of the back room, one pair of stairs; he had the trunk in his hand, and was putting it on his shoulder; he walked across the road with it; I let him go on till I went up stairs to see if any body was at home; I found nobody in that room; I ran down stairs, and ran across the road to Mr. Bearden, who kept a publick-house, and he assisted me to take the man; he had the trunk on his shoulder; this is the same trunk.

- HAMILTON sworn.

I am a headborough; I brought this trunk to the justice's; I received it from the last witness, in the shop, in Queen-street; I have kept it ever since.

(The trunk and articles in it deposed to by Railton, who said he left it in the room, and saw it the next day at the justice's; the value of them is 2 l. 7 s. 9 d. he shut to the door of the room when he went out, but so as the servant could get in to make the bed.)

- BEARDEN sworn.

I was a publican at the time of this robbery; I saw him with this trunk on his shoulder, the 5th of July, in Princes-street; I took him, and Franklin took the trunk.

Prisoner. He said he should prosecute me or lose the 40 l.

Bearden. There is no truth in that; I said I was bound to prosecute him in the penalty of 40 l.

EDWARD TREADWAY sworn.

I only apprehended the prisoner with Theophilus Butcher .

Prisoner. A man offered me a pot of beer to carry it to Kingsgate-street; the man ran away; I told Franklin it was none of mine.

GUILTY, 39 s .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17910914-3

314. JOHN SIMPSON was indicted for feloniously stealing, on the 16th of July last, one watch with a gold case, value 3 l. 3 s. one cloth coat, value 5 s. one waistcoat, value 2 d. four shirts, value 12 s. four muslin neckcloths, value 4 s. the property of Nicholas Grandere ; and four linen shirts, value 7 s. two muslin neckcloths, value 2 s. five pair of cotton stockings, value 5 s. one pair of leather boots, value 5 s. the property of Henry Borreaux ; in the dwelling-house of John Berridge .

(The witnesses examined separate.)

(An interpreter sworn.)

NICHOLAS GRANDERE sworn.

I am a foreigner, a Frenchman; I live in the house of Mr. John Berridge; he is a hackney-coachman; I lodge at Mr. Berridge's; I saw the prisoner take a watch and the other things in the indictment from the house of Mr. Berridge; I was at home the night of the robbery; I lodged in the next room to the hay-loft; in the morning, when I got up, I found I had lost a watch and all the rest of my things; I saw them a few days after.

HENRY BORREAUX sworn.

I am a coachman ; I lodge in the same room with the last witness, my fellow-servant ; I lost the things in the indictment

the night of Friday; I took them from the prisoner, whom I saw the next day, between five and six in the evening; he had the coat, shirt, waistcoat, and stockings, on; the stockings were mine; and he had a gold watch about him, and the lace off a hat; we took him at a publick-house, and he took us where the rest of the things were, and we found the things at No. 4, or 5, in Garden-lane; the prisoner had been hostler in the yard about six weeks before.

JOSEPH FITZWATERS sworn.

I belong to the office in St. Martin's-street; I took the prisoner, with the property; I found this duplicate on the prisoner.

THOMAS HINES sworn.

I am a pawnbroker's servant; I produce a box-coat belonging to this duplicate; it is my hand-writing; I received it from the prisoner; I have no doubt of him; but I never saw him before that time; he pawned it on Saturday, the 16th of July, about eight in the morning.

JOHN BERRIDGE sworn.

I keep this house and stable-yard, in Whitcombe-street ; the prosecutors lodged with me; I know of no violence to the house; I heard of the robbery on Saturday morning, the 16th of July; I assisted in taking the prisoner, and the things on him, as described; and the other articles were found according to Fitzwater's description and the prisoner's directions; the prisoner lodged with me, and behaved very honest.

Court. Is not the coat the property of Mr. Saintsoire? - Yes.

(The four shirts deposed to.)

They are old, he cannot tell their value.

Pawnbroker. These four shirts are not worth above 6 s.

(The prosecutor Grandere deposed to four neckcloths, marked, value 2 s. and to a watch with his name in it, value 3 l. 3 s.)

(The other things deposed to by Borreaux; four shirts, value 7 s. two muslin neckcloths, value 2 s. five pair of cotton stockings, value 5 s. the boots not found.)

PRISONER's DEFENCE.

On Saturday, the 16th of July, I was in Parliament-street, between seven and eight, and I bought these things of a man that appeared to be a Jew, and gave him 5 l. 15 s. for them; I put some of them on, and pledged the coat in the evening, being distressed.

Court to Fitzwaters. What did he say? - He said he hoped we would take compassion on him, and take the things back again; he said nothing about the Jew.

GUILTY , Death .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17910914-4

315. JOHN GILBRAITH was indicted for feloniously stealing, on the 25th of August , five linen handkerchiefs, value 4 s. eighteen yards of check linen, value 15 s. eleven yards of diaper, value 7 s. and eight yards of Russia, value 5 s. the goods and chattels of Samuel Brown and Edward Bacon .

JOHN SAUNDERS sworn.

I am a patrole of Lime-street ward: on the 25th of August, in the morning, about half past twelve at night, I saw a light through Mr. Brown's shutters; he lives in Leadenhall-street ; I had a suspicion, and I peeped through the shutters, and I saw a person folding and unfolding some check, but could not tell for some time whether it was a man or a woman; at last I saw an arm on the counter, and I then believed it was a man; I went and fetched my partner, James Warren , and told him the circumstance, and then we fetched the constable from the watch-house, about an hundred yards off; we went both together; the constable came, and we watched till one o'clock, and then the light disappeared; and in about a minute we saw the light in the upper room till near two o'clock, and then

it came down stairs to the cellar for about two minutes; then it went up stairs, and continued for about four or five minutes, and we saw no more of it. The next morning, that is the same morning we discovered it, we went and acquainted Mr. Deputy Brown of it, and the next morning following Mr. Brown sent for us. I saw no farther. The man was a servant to Mr. Brown; he was there, but I did not see the property then; the constable Edmonds went up and fetched it.

Could you see through the opening of the shutters into the shop? - I could.

Could you see who it was? - I could not? - I could see nothing but a hand and arm of a man folding and unfolding linen.

You do not know who was with the light up three pair of stairs? - I do not know who it was.

How came you not to alarm the house? - We did not know whether it was so proper.

JAMES WARREN sworn.

I am a patrole with Saunders; about half past twelve my partner came to me, and informed me what he had seen. I went, and saw a shadow of a man, and they remained folding and unfolding till one o'clock, and then the light disappeared, and went up three pair of stairs, and stood steady for three quarters of an hour; I saw a young man come, and draw the curtain back, but cannot tell who it was; the candle disappeared, and presently it was down in the cellar; it presently went up stairs again, and there it was till the clock struck two, and then went out. The same morning between eight and nine o'clock we waited upon Mr. Deputy Brown, and the next morning we were sent for again, but I did not find the property.

HENRY EDMONDS sworn.

I am ward-beadle. I was sent for on the 26th of last month by the Deputy, and he gave me a report that he suspected the prisoner had robbed him; the prisoner was at his master's house, Mr. Deputy Brown, Leadenhall-street; he gave me charge of him for robbing him. I went up stairs with the prisoner and the Deputy, and searched his box; he unlocked it himself; and in the box I found this property I have here. (Produced.) It was tied up in his dirty shirt; with that, his master being there, he said he hoped his master would forgive him. I heard nothing more.

Prisoner. I was brought up very unexpectedly.

SAMUEL BROWN sworn.

I am a linen-draper in Leadenhall-street; my partner's name is Edward Bacon . The prisoner lived with me, and lodged also; he had lived there about five months; he slept in the three pair front room. I was present when this property was found in his dirty shirt. (Deposed to.) One of the handkerchiefs having a private mark upon it; and I have great reason to suppose the rest is mine, but they have no mark; they are cut off from pieces, and I had such in my shop of the same patterns.

When they were found, what did the prisoner say? - He begged for mercy.

Prisoner. I could bring two people to prove my good character, but I have been brought up so unexpectedly.

GUILTY , (Aged 26.)

Privately whipped .

Tried by the London Jury before Mr. COMMON SERJEANT.

Reference Number: t17910914-5

316. BENJAMIN EDMONDSON was indicted for feloniously stealing, on the 27th of July , one silk handkerchief, value 2 s. 6 d. the property of Thomas Monkhouse .

THOMAS MONKHOUSE sworn.

On the 27th of July last, coming up Fish-street-hill , the prisoner at the bar took a handkerchief out of my pocket; it was so dexterously done I did not immediately

miss it, till Mr. Sutherland called me back, and he had the boy; I turned round, and saw my handkerchief in his hand. The boy was taken to Guildhall, and committed to prison. The constable has the handkerchief.

- SUTHERLAND sworn.

I live on Fish-street-hill, a groces; not being very busy, I was looking out, and observed Mr. Monkhouse go by, and the prisoner following him; and suspecting the boy, I saw him take the handkerchief very deliberately out of his pocket in a very compleat way, and put it into his side; I then took hold of the boy, and then called Mr. Monkhouse back, and asked him, if he had lost a handkerchief? he said, Yes; for I had a handkerchief about a minute or two before in my pocket.

(The handkerchief produced, and deposed to.)

PRISONER's DEFENCE.

I was coming up Fish-street-hill about one o'clock, and I saw a handkerchief lay under a cart, and I went and picked it up; and that gentleman there came up, and laid hold of me, and said I took it out of that gentleman's pocket.

GUILTY . (Aged 16.)

Transported for seven years .

Tried by the London Jury before Mr. COMMON SERJEANT.

Reference Number: t17910914-6

317. SIMON LUDDET was indicted for feloniously stealing on the 3d of September , one cotton handkerchief, value 10 d. the property of George Wright .

GEORGE WRIGHT sworn.

Coming up Fish-street-hill , the 3d of this > month, I lost my handkerchief; I never felt I lost it; it was about four o'clock; Mr. Sutherland came after me with it in his hand.

- SUTHERLAND sworn.

I was walking up Fish-street-hill, and I saw the prisoner take the handkerchief out of the gentleman's pocket, and place it in his bosom; I took hold of him immediately with the handkerchief, and he endeavouring to get from me, I tore off part of his waistcoat, and he left it in my hand. He made a stroke at me, but thank God I missed it; and endeavouring to ward off the blow, I knocked him down, and two or three people came up and held him, and I ran after Mr. Wright, and he said it was his handkerchief immediately.

PRISONER's DEFENCE.

Going up Fish-street-hill, I saw some man throw this handkerchief down, and being in distress I picked it up, and put it into my bosom, and this gentleman catched hold of me by my collar.

GUILTY . (Aged 20.)

Transported for seven years .

Tried by the London Jury before Mr. COMMON SERJEANT.

Reference Number: t17910914-7

318. ROBERT COX was indicted for feloniously stealing, on the 19th of August last, six pounds of white pewter, value 3 s. 6 d. the goods of Cornelius Swift .

WILLIAM REID sworn.

I am apprentice to Mr. Swift, a pewterer, in Shoe-lane. On Friday, the 19th of August, I had an occasion to go out of the shop; I heard Robert Cox , our porter , off his stool, which he had no business to be; I went to that shop where his coat hung up, and felt something hard on the outside of his coat pocket, which caused a suspicion. My master being out, I went down and told my mistress, and then sent for my master; this was about five o'clock

in the afternoon. At eight, when he was leaving work, I stopped him going out, just off the step of the street door, and went and fetched Singleton the constable, and he searched him, and found pewter in every one of his pockets. While I went for the constable, he was in the kitchen with my mistress, and Mr. Bland with her, a next door neighbour.

Court. What business had he on that stool? - He was cleaning the pewter pots.

Where was you? - I was in the room under him.

SAMUEL SINGLETON sworn.

I am constable of St. Andrew's; I was sent for to Mr. Swift; I live directly opposite; I went over; I went down to Mr. Swift's kitchen, and searched him, and pulled all this pewter out of his different pockets, his coat, waistcoat, and breeches pockets. (Produced.) They weigh upwards of six pounds weight. The man said, he was very sorry for what he had done. I asked him, if ever he had been guilty of the like before? he said, he had not; he meant to sell it to an old iron shop in Shoe-lane.

CORNELIUS SWIFT sworn.

This is my property; I can swear to them.

PRISONER's DEFENCE.

I did not put them into my pocket; the witness Reid has often played tricks with me.

Court to Reid. He says you played tricks with him; did you put this pewter into his pocket? - I did not.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. COMMON SERJEANT.

Reference Number: t17910914-8

319. FRANCIS WEBB was indicted for feloniously stealing, on the 3d of August last, one woollen cloth coat, called a box coat, value 20 s. the goods and chattels of Thomas Hambleton .

THOMAS HAMBLETON sworn.

I am a coachman ; I drive for Mr. Robert Clarke of Cripplegate. I went out with the chariot on the 3d of August with the town-clerk and another gentleman, Mr. Wadd, to Thames Ditton; I returned, and was ordered to set down at Mr. Surgeon Wadd 's, in Basinghall-street ; and when I came there I got off my box, and rung at the bell and opened the door, and Mr. Wadd or Mr. Bird got out, I cannot say which; and I saw my coat going off the box, and I looked between the body and the box, and I saw that man, the prisoner at the bar, pulling off the coat; I went round and saw this man with the coat about two yards from the box, and seeing me he immediately dropped the coat, and I took him about two yards from the coat.

Which way did you go round? - I went round the pole end.

What time was this? - Very near ten o'clock at night.

Are you sure as to the man? - I am sure he is the man, for I saw him take the coat, I saw him have it on his arm, and I saw him drop it.

What time might this take up from the time you saw your coat going off your box, and your taking the prisoner? - It all could not be above one minute.

PRISONER's DEFENCE.

I was coming along Cheapside, and up the Old Jewry; and about three parts up the way, this man took hold of me and said, he would take me on suspicion of stealing his coat; I am entirely innocent.

GUILTY , (Aged 33.)

Transported for seven years .

Tried by the London Jury before Mr. COMMON SERJEANT.

Reference Number: t17910914-9

320. JOHN PROSSER was indicted for feloniously stealing, on the 2d of September , eleven pounds weight and an half of mottled soap, value 5 s. and eight pounds of yellow soap, value 3 s. the goods and chattles of Ezekiel Delight .

EZEKIEL DELIGHT sworn.

I live near Blackfriars Bridge , an oil and colour man ; John Prosser , the prisoner, was occasionally my porter , and he stole a quantity of soap from my cellar on the 2d of September last, about seven o'clock in the evening; he conveyed it away the same night he took it, about five yard from the shop, and I called him back; I saw him carry it out from the cellar in a knapsack on his shoulder, about nineteen pounds and an half; he came to work that day about one o'clock, and he went out, and I went down again into the cellar, to see whether he had moved the soap; and I found there eleven pieces out of the thirteen, which I had seen first moved into the knapsack, one piece of which was marked with a D on it by my man, before it was put in the knapsack; there were two pieces in the box; I paid him his wages, he came back very orderly; in the knapsack I found a regimental coat and waistcoat, and nineteen pounds and an half of soap of two sorts; it was my property, I have no partners.

DANIEL STUDD sworn.

I am shopman to Mr. Delight. On September the 2d, about seven in the morning, I went into the cellar to look for a newspaper, instead of which I observed thirteen pieces of soap; I informed Mr. Delight; the prisoner came to work, and was in the cellar about an hour; about three he went out; we went down and found the knapsack covered with his coat and stowed (as we thought) quite full; in the evening he came to be paid; then he had the knapsack under his arm; I was determined to let him pass out of the door; he came back when I called him.

JOSEPH THOMPSON sworn.

I am a constable; on Friday the 2d of September I was waiting in Mr. Delight's compting-house, the prisoner came up and was paid, he went away and was called back; says I, my friend, what have you in your knapsack? says he, nothing but my coat and waistcoat, and a little bit of soap besides: this is the soap.

Studd. I marked this that morning.

(The soap deposed to.)

Thompson. He first said he had it from a another man; afterwards he said it was the first offence.

Prisoner. I have nothing to say.

Serjeant THOMAS CLARKE sworn.

I have known him about fourteen months in the first regiment, a very orderly soldier , I never heard any thing amiss of him.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. COMMON SERJEANT.

Reference Number: t17910914-10

321. SAMUEL SHERIDAN was indicted for stealing, on the 9th of August , one wooden cask, value 6 d. and twenty-six pounds of anchovies, value 5 s. 6 d. the property of William Walter Veney .

CHARLES CHAWNEY sworn.

I am servant to Mr. William Walter Veney , who keeps warehouses at the water side ; on the 9th of August I lost a cask of anchovies; I met the prisoner coming with it up Galley-quay , in the gateway, near two o'clock; he had something tied up in a wrapper; he said he was going to No. 7, Beer-lane; he was stopped on an alarm, and he had a barrel of anchovies, I found a barrel was missing from the warehouse, and that a partition was broke out, and four

were gone; I reckoned them in January, not since; none had been sold; I had no suspicion that any were stolen.

- JOHNSON sworn.

I apprehended the prisoner; I saw Mr. Sheridan the prisoner come with something on his shoulder; I stopped him, he said, damn and blast it, I am going to carry it to No. 7, Beer-lane; I do not know where he came from, I saw him come from the quays, the warehouse is near the quays.

HENRY ALLEN sworn.

I am a porter, I saw the prisoner in the galley-quay, it was near two o'clock, the door opened into the half story, he was looking out at the door.

Prisoner. I often work in the warehouse among the sugars.

WILLIAM WELLS sworn.

I am quay constable; on the 9th of August I took the prisoner with a cask on his shoulder, and took him to the Compter.

(Deposed to.)

WILLIAM WALTER VINEY sworn.

I am proprietor of those warehouses, I verily believe this cask came out of my warehouse, by the mark upon it, it corresponds with ninety-six that are there; there were an hundred, I lost four, none were sold.

PRISONER's DEFENCE.

I worked as a labouring man on the quays, those gentleman know me, I had been drinking all that morning, I was very much in liquor; a man offered me sixpence to take it to Seething lane, that was Bill Hay , and I pitched it on the steps of the half story.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. COMMON SERJEANT.

Reference Number: t17910914-11

322. ELIZABETH EMMERSON was indicted for feloniously stealing, on the 10th of August last, one pound eight ounces weight of raw silk, value 30 s. the property of James Lewis Desormeaux .

(The witnesses examined separate.)

JAMES LEWIS DESORMEAUX sworn.

I am a silk dyer : on the 10th of August, Wednesday, I lost one pound eight ounces of silk; I sent some to my sister to mark, and when the man returned with it, I found a deficiency; my sister is here, I received the silk from her, and some other which I had sent her before, and that second parcel was deficient; I desired the prisoner to come up stairs, and accused her, and desired her to go into the next room and strip herself; I followed her up, she was surprised I should accuse her, she said; but after she had stripped, I saw the silk in the room, she confessed taking it to me twenty times; I immediately had the silk weighed, and left it with my sister, and took the prisoner before Justice Staples, and she was committed: the silk was deficient when it was weighed, eleven ounces in one parcel, and thirteen ounces in the other, which makes a pound and an half; she fell on her knees and begged for mercy; I told her I never would look it over.

Mr. Knowlys, Prisoner's Counsel. This silk had been dyed? - It had not.

It is put into hands before it is dyed? - It is.

This, in point of fact, was to be divided into skains before it was dyed at your sister's house? - Yes.

Who is the person who is employed to take that silk from the place wherever it was deposited to your sister's? - Not any particular man.

Who conveyed them? - I know him.

Is he here? - He is not here.

In point of fact, that man who did on that day carry those two parcels, whether he knows any thing or not, he is not here? - He is not.

Do you know who assisted your sister when she was parsing those into skains? - I do not know that any body did; I did not suppose that any body did.

Your sister, I believe, has frequently complained of being so hurried, that she had not time to get through her business? - I do not recollect that ever she did tell me so.

Can you take upon yourself to say she did not? - Yes, I can, for I do not recollect it.

Have you any partner? - No.

ELIZABETH DESORMEAUX sworn.

My brother called on Wednesday, the 10th of August, and told me his suspicions; I said I believed the prisoner was honest; I received some silk from my brother that morning, I do not know the quantity, it was sent to me to mark, it comes to me in small skains, that was in skains of different sizes; my brother's servant came for the silk, I gave him all the silk I received that day; the servant's name is Allen Murdoch, he and my brother came back with the same silk, and begged the prisoner might be called up and examined, she being the only one in the house that morning, except my mother; while I was marking the prisoner came in, and asked me if she should assist me, which she did for about ten minutes; there was a bonnet of mine which laid in the room; she said I had better put it by; I said for why? she said out of the dust; I said I will put it away; the silk was in the room at the time, I went out of the room with it, and left her in the room with the silk, I was absent about eight or ten minutes; when I returned I told her I did not want her any longer, and she went down stairs; that was about ten; my brother came about eleven, and sent for the silk, and told me his suspicions: then the silk I had on the Wednesday morning was taken away, and when he returned, the woman was taken up stairs; I went into the room with her, I searched her and found this quantity of silk, which she took out of her pocket, and owned; I begged her to own if she had any about her, she begged for mercy; I have had the silk ever since, (the silk produced) I received it on Wednesday morning.

Court to Prosecutor. Should you have known the silk if you had been at York? - No, possibly I might not.

Why then should you accuse the woman of having the same silk? - Because it was the silk that was in the bag, and she had it in her pocket, and she was left in the room.

Is there any thing particular about the silk? - Nothing particular, there were three sorts of silk, these are two of them, one sort I had finished and put into skains, the other was not in the same sort of skains, none of that which I had finished was missing.

Mr. Knowlys. The man who brought the silk to your house is not here to-day? - No.

Is your mother here? - No.

Your mother assisted you? - No.

Did you not call her to assist you that morning? - No, Sir.

Have you never said so? - No, not that morning.

Did you desire her to assist you occasionally? - Yes.

You could not finish all these by the time they were sent for to be dyed? - No, Sir, I could not have undertaken to have done it by that time.

Did you expect these to be brought back to you marked for dying? - To be sure.

This woman I believe was employed in cleaning the knives of the house? - She was.

Did not you desire the prisoner to make as much haste as she could with this silk? - No.

Upon your oath, did she say at that time, that not being able to get through this business, she had taken it to do it at a time when she had more leisure? - No, Sir, she did not.

Do you mean to say, recollect yourself, that she did not tell you, you had pressed her to make haste, and she put it in her pocket, to do it at an after time? - No, she did not.

How long have you known this woman? - About seven months; she says she is a

widow woman with two children; one is seventeen years old, and is maimed; the other is eleven years old.

In consequence of your mother enquiring into her character you employed her? - Yes.

ALLEN MURDOCH sworn.

I am servant to Mr. Desormeaux. On the Wednesday morning, 10th of August, I sent some silk to Miss Desormeaux to mark, and at the same time I received by a person who carried it, another parcel which she had the preceding day to mark; I weighed that parcel, and found it deficient, and informed Mr. Desormeaux; he went out, and returned, and sent me for the parcel I had sent out that morning; I did so, and received it from Miss Desormeaux, and brought it back, and we weighted it together, and found 1 lb. 8 oz. deficient, being 24 oz. It was not missing from that sort which was marked, but from two other sorts; I carried the silk back in the state it then was to Miss Desormeaux's house, with Mr. Desormeaux. The prisoner was then in the house; she was brought up, and Mr. Desormeaux desired she might be searched; and after that Miss Desormeaux produced this silk, to the best of my knowledge; yes, it is; I believe Miss Desormeaux had the care of it; I believe it to be the silk I sent in the morning; I compared it then, and it corresponded exactly.

Mr. Knowlys. When you first weighed it, did you make an entry of the weight of it? - Yes.

You judged the deficiency from the entry? - Yes.

Have you that book with you? - No; there is such a deal of silk passes through my hands, it is impossible to recollect without the book.

Court. Can you say without the book, or referring to it, whether any of this silk was missing? - Before I brought the silk from Miss Desormeaux in those bundles that are done up, I saw some missing, and I mentioned it to Miss Desormeaux at the time.

Mr. Knowlys. He did not mention that before, nor did Miss Desormeaux mention it at her examination.

Have you not since you went down from the bar been talking with Mr. Desormeaux and Miss Desormeaux on this business? - No, I have not; not a word on this business. Miss Desormeaux has mentioned to me that she was exceedingly flurried when giving her evidence. I positively say that was all.

Prisoner. I leave it to my counsel.

The prisoner called eight witnesses, who all gave her an exceeding good character.

GUILTY, 10 d .

Imprisoned three months , and fined 1 s .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17910914-12

323. DUNCAN CAMPBELL was indicted for stealing, on the 14th of July last, a leather purse, value 1 d. a linen pocket handkerchief, value 10 d. a guinea, a half guinea, and two half crowns, and two shillings , the money of William Lovatt .

WILLIAM LOVATT sworn.

I am servant to Mr. Waller, at Watford. On Sunday, the 24th of June, I came to town with two horses and a saddle horse; I went to Mr. Thomas's, the Green Man, at Paddington , and put my horses up, and went to bed at eleven o'clock; and in the morning I found somebody had been in the room, and I got up; I missed my purse, containing a guinea and a half, two half crowns, and two shillings, and a pocket handkerchief out of my waistcoat pocket; my waistcoat was on the bed, and my breeches under the pillow that my head lay on. I got up, and waked Mr. Thomas between five and six in the morning; Mr. Thomas has the property. The prisoner

slept below stairs; I went into his room with the landlord, and the prisoner pulled the money out from under the bed upon the sacking, and put it on a table. I asked him if he had my handkerchief? he said, he knew nothing about it. I examined the bed, and shook the handkerchief out of the pillow-case.

Was all the money that you lost in the purse when found? - Exactly the same. I gave these things to Mr. Thomas; he has kept them since.

Mr. Knowlys, Prisoner's Counsel. How long had you known the prisoner? - He lived at Otterspool a year before.

You was friends with him? - Yes.

You used to joke together? - No.

You had not got tipsy this day? - No.

Not a little? - No.

Did not you acknowledge in the morning that you did not think he meant to rob you, and that you would take your money, and would be contented? - No.

Did not you say so? - I do not recollect.

Should you have prosecuted him if Thomas had not forced you, and insisted on your prosecuting him? - Thomas did not insist.

Who had him taken up? - Mr. Thomas.

Did not Thomas insist that you should prosecute him? - Never.

How long had you known the prisoner? - Three quarters of a year.

Court. Did the prisoner know you was in the house? - He spoke to me in the evening, and asked me how I did; that was all that passed.

JAMES THOMAS sworn.

I keep the Green Man at Paddington; Lovatt informed me, about five in the morning, that he had been robbed, and I searched the servants' apartments, and found nobody had been out; I went into the prisoner's room, and he was in bed; I asked him if he had not slept up stairs? he said, no; (I understood he was to have slept up stairs the night before.) I went up into the room where the postboy slept, and brought a little cane down, and asked him if it was his? he said, yes; I pulled him out of bed, and I believe struck him; he begged for mercy, and said he had done wrong, and would give up the property; he searched his pockets, but could not find it, and then he went to the bed, and brought the purse out from under the bed, and laid it on the table. The prosecutor said, there was a handkerchief; the prisoner said, he knew nothing of it. The prosecutor took up the pillow-case, and shook it out.

Mr. Knowlys. You was very angry? - Yes, I was.

The postboy was not so angry? - No, Sir, he did not seem so.

The postboy was willing to go, and take no more notice of it? - He was.

You thought it was right to prosecute him? - Yes, I told him to prosecute him.

(The property produced, and deposed to.)

Court to Lovatt. What was your reason for not wishing to prosecute? - I did not understand the law.

Prisoner. He took two shillings out of my pocket.

PRISONER's DEFENCE.

I found this purse, and took charge of it till the morning, and was threatened to have my brains knocked out. Lovatt said he was satisfied. Thomas said, you fool, we will prosecute him. The postboy went away to Watford, and Mr. Thomas went to fetch him to prosecute me.

ALEXANDER WEATHERLEY sworn.

I have known him between ten and eleven years, an honest character.

- CAMPBELL sworn.

I have known him fourteen years; he always bore an honest character.

JAMES BROWN sworn.

I live in Conduit-street; I have known him four years, a very honest character.

RICHARD DAVENPORT sworn.

I have known him between ten and eleven years; he behaved honest always.

JOHN MENZIES sworn.

I have known him eleven or twelve years, an honest character.

Mr. Weatherley. The prosecutor said, Thomas led him into this hobble; it was entirely at his instigation.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17910914-13

324. JOHN FAIRBROTHER was indicted for feloniously stealing, on the 26th of August last, a pair of linen sheets, value 5 s. and a linen pillow case, value 1 s. the property of William Hastings , in a lodging-room .

WILLIAM HASTINGS sworn.

I live at No. 11, Chichester-rents, Chancery-lane . On the 25th of August the prisoner agreed with me for a room; he took the key, and put some things in the room; it was furnished; I lost a pair of sheets and the pillow-case; the things were missed the next morning after he took the room, and taken from him by the beadle.

SARAH MOULDS sworn.

I lodge in the prosecutor's house; I shewed the prisoner the lodgings, and put the sheets and pillow-case on with my own hands. The next morning the prisoner came in, and went into his room; and the prosecutor desired me to stop him if he came down with a basket in his hand. I saw the things after they were taken from him.

JOHN WILLIAMS sworn.

I am beadle of the Rolls liberty. I was coming up Chichester-rents, and Mrs. Hastings had hold of the prisoner; she desired me to call the constable. I took the bundle out of the prisoner's hand; there was a pair of sheets, wrapped up in a green baize; there was no pillow-case that I saw. I gave the property to the constable, and he gave them to the prosecutor. (The sheets produced, and deposed to.) The bundle was under his arm, and he had a basket besides.

PRISONER's DEFENCE.

I went up stairs into the room, and brought the sheets down for the gentlewoman to air; they were damp, and I gave them to her on the stairs.

GUILTY . (Aged 61.)

To be privately whipped , and imprisoned three months in Newgate .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17910914-14

325. JOHN YOUNG was indicted for stealing, on the 23d of August last, a cornelian seal, set in gold, value 5 s. the property of Henry Robins .

HENRY ROBINS sworn.

I am an auctioneer in the Piazza, Covent Garden . I lost a cornelian seal, set in gold, out of an iron safe, out of the counting-house adjoining my house. The prisoner is a carpenter ; he with his master had been at work four days; the prisoner was left alone. I left my key in the iron safe, and went out. I saw the seal a month before. I saw the seal at the office before the magistrate; Mr. Heather had stopped him; it is a white cornelian seal, set in gold; I have no doubt it is mine; it is a very remarkable seal; I had it engraved myself.

JOHN BECK HEATHER sworn.

I live in Long-Acre; I am a pawnbroker. The prisoner brought the seal, and

said, he had found it two days before at Temple-Bar. I told him, I would go to Sir Sampson, and see if it was advertised, and if there was any reward, he should have it; and going through Broad-Court, he made a sudden stop, and said, he would go no further. I then suspected him, and took him to Bow-street; he said there, he had found it. I have known the man several years; he has worked for me; I had no suspicion he had stolen it at first. He has a wife and four children. Mr. Robins was sent for, and owned the seal. I have had it in my custody ever since. This is the seal.

Prisoner. I am very sorry for what I have done; I never was before a magistrate before.

Prosecutor. He is an old man, my Lord; I wish to recommend him to your Lordship and the Jury as an object of mercy.

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

GUILTY, 10 d .

Tried by the first Middlesex Jury before Mr. RECORDER.

Court to Prisoner. Your offence has been attended with some circumstances of aggravation; for a man who is employed in the manner in which you was, though not a direct servant, it comes very near to it; and it is very difficult to guard our property against persons that are let into our houses; and the Court would have been disposed to have treated your case very seriously, but we flatter ourselves it is the first time; the sentence of the Court therefore is, that you be confined one month in Newgate , and he fined one shilling .

Reference Number: t17910914-15

326. THOMAS SMITH was indicted for burglariously and feloniously breaking and entering the dwelling-house of Mary Banbury , widow , about the hour of two in the night, on the 5th of August last, and burglariously stealing therein one feather bed, value 20 s. a feather pillow, value 12 d. a bolster, value 2 s. two woollen blankets, value 10 s. a bed quilt, value 10 d. a cotton window curtain, value 6 d. two pair of snuffers, value 4 d. a brass pestle, value 4 d. a brass mortar, value 8 d. a looking glass, value 2 d. a cotton bed-gown, value 18 d. and a handkerchief, value 6 d. her property .

MARY BANBURY sworn.

I am a widow. I keep house near Cannon-street turnpike, by St. George's in the East ; it is a little tenement by itself, with a garden. I was not at home, I did not sleep at home; nobody was in the house but my furniture; I frequently went on a visit; I had left it for a whole month, and no servant. I left the keys with a neighbour; I set no time for coming back; I used to come back frequently; I came home about eleven o'clock on the 9th, and found the street door had been attempted in five places, which appeared to be wrenched; then the bed-room window was broke, and forced in the brick work; I left all safe when I went out; they had taken out the brick work and the window frames, and got in that way; I missed all the articles in the indictment; they were all in that bed-room. I have seen them since at the rotation-office, the day I came home, at Mr. Staples's office. My bedding and bolster were ordered me back; the pillow is here. I know nothing of the prisoner.

GEORGE DAWKINS sworn.

I am a victualler in St. George's, near to this prosecutrix's; I had the care of her house the 21st and 22d of July, and I left the key at a neighbour's house, named Pratt, where she ordered me, and fastened the house myself, and every thing was there and safe. I know nothing of the prisoner.

JOSEPH PRATT sworn.

I received this key the 21st or 22d of July, from Mr. Dawkins, either Wednesday

or Thursday, and I kept the key till Mrs. Banbury called for it. I never saw the state of the house; I live 3 or 400 yards off. I gave her the key about eleven o'clock, the 9th of August.

JOHN RILEY sworn.

On the 4th of August, about eleven at night, I was called out of my own house by a watchman, who is not here, and Mr. Story and me found another house broken open. We went across the fields, and between two and three in the morning we met the prisoner and another man with the goods in the indictment; the other man made his escape; they were close together; we met them by the halfway house in Stepney-fields; he was going from Mrs. Banbury's house quite a different way; I suppose he was a quarter of a mile from the house; Mr. Story and Mr. Whitfield were with me. This is the property we found on the prisoner; it was inside the bed, wrapped up in the blankets and sheets. This property dropped from the man who made his escape. I left the prisoner in custody of Mr. Story, who was with me, while I and Whitfield went after the other. The man that escaped had this long chisel, which matched with the place where the door was wrenched. I went to the house the Wednesday following; I did not hear of it before; the door of the house was wrenched in two or three different places, and the window broke open. It was between two and three in the morning when we met him; it was very dark that morning, I could not see the man that escaped; he got into a potatoe field.

Court. Might it not be three in the morning? - It might.

Was there not light enough to distinguish the features of a man? - Yes, when we laid hold of him. I have had the care of the things till now.

GEORGE STORY sworn.

I am a victualler. I was out with Riley; we met the prisoner at the halfway-house in Stepney-fields, opposite the door. I do not know Mrs. Banbury's house. Another man was with him; they were walking close together, and talking; we took all these things from them, and the chisel from the other man. It was very dark indeed.

THOMAS WHITFIELD sworn.

I am a brazier. I was with the two last witnesses. (Deposed to the same effect.)

(The property deposed to by the prosecutrix.) One of the candlesticks she had had thirty-five years.

PRISONER's DEFENCE.

I was hired as a porter to carry the things.

The prisoner called one witness to his character.

GUILTY of stealing, value 39 s. but not of breaking and entering . (Aged 61.)

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17910914-16

327. MARGARET PITT was indicted for stealing, on the 17th of August last, two gold mourning rings, value 20 s. the property of Patrick Sheer ; a pair of silver shoe-buckles, value 6 s. and a tablespoon, value 6 s. the property of James Pearce .

JAMES PEARCE sworn.

I live in Drury-lane ; I am a baker . The prisoner lived servant with me about four years; she was out of place, and came to my house, and eat and slept there; she was there ten days or a fortnight; my wife discharged her on suspicion of stealing two rings. I know nothing of the rings, having never seen them. She was taken up on the 2d of August; she was searched, and the rings found upon her, and some spoons and other things; she said, they were

mine; she acknowledged all the things were mine. I promised to forgive her. I had a great opinion of her.

Mrs. PEARCE sworn.

I am the wife of the last witness. She was always made welcome. They were in a top drawer, which was unlocked; I looked into the drawer, and missed the things; they were not my rings, they were left in my care.

Mr. Garrow, Prisoner's Counsel. Except the particular inscription on those rings, you have no other knowledge of those rings? - No.

JOHN FURNEUX sworn.

I am a constable; I had a search warrant against the prisoner; I went to Mr. Bennett's, where she was in service; I told her I had a search warrant; I searched boxes; I do not know that they were her boxes of my own knowledge; I searched her pockets, and found this duplicate, which describes a pair of buckles pawned in the Strand. The landlady said, the boxes were her's; I took the keys out of the pocket of the prisoner. I found two gold mourning rings. The prisoner said, the rings were Mrs. Pearce's.

Mrs. Pearce. I know the rings. (The rings produced.) Upon this ring is Isabella Duff, and the other is Jane Shields .

Mrs. AGNES HERVEY sworn.

I left these rings with Mrs. Pearce five months ago.

(The rings deposed to.)

Mrs. Pearce. I never saw the rings, or other property, during the time the prisoner was in the house.

Prisoner. I am innocent.

RICHARD WILLIAMSON sworn.

I am a pawnbroker; the prisoner at the bar brought me these buckles on the 9th of August; they were left for 6 s. 6 d.

Mrs. Pearce. (Deposes to the buckles.) I left one of the buckles in the glass drawer, in the children's room; the other was in a beaufet in the parlour. I had no present use for the buckles, as I was in mourning.

GUILTY .

Transported for seven years .

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

Reference Number: t17910914-17

328. WILLIAM WATTS was indicted for stealing, on the 31st of May last, a pair of breeches, value 1 s. a shirt and handkerchief, value 2 s. and other things , the property of John Love .

JOHN LOVE sworn.

My Lord, the prisoner at the bar came to me in May last, at Shacklewell; he was very destitute; I took compassion on him, and kept him five or six days. I work in the brick fields ; I went out to work at four o'clock, and left him in bed. He came to me at six o'clock; I gave him the key to go and fetch some pieces of iron hoop to make a fire-place; he staid an hour and a half; I went after him, and found the key of the door in the door, and I missed the things. I found him at West End; he had my breeches, shirt, and handkerchief on his back. The constable took him with the clothes on.

Mr. ALMS sworn.

I took him into custody; he confessed the taking them away. I took him before Master Montague.

PRISONER's DEFENCE.

I worked at the white-lead mills, at Hoxton , I asked him to lend me some clothes, to enable me to get a place; I met him some time after as I was coming to town to make

him satisfaction, and he took me into custody.

GUILTY .

Fined 1 s. and imprisoned six months .

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

Reference Number: t17910914-18

329. JOHN PURDIE was indicted for stealing, on the 19th of August last, nine copper halfpence, value 4 1/2 d. the property of William Adam .

WILLIAM ADAM sworn.

I live in Grafton-street , the prisoner lived with me as porter ; on the 19th of August, having some reason to suspect him, I marked three shillings worth of halfpence, I told him to take care of the shop while I went into the yard; when I returned I missed nine halfpence; I sent for a constable, who searched him and took him to the watch-house; I was not in the yard three minutes, he was not entrusted to pay or receive, never bought or sold goods: I missed goods several times before.

THOMAS DALTON sworn.

I found these halfpence on the prisoner.

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

Prosecutor. Those halfpence that are here I marked twenty-four by the letter of the alphabet, and some by numbers, those which I found on the prisoner correspond with the nine missed.

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

GUILTY .

Transported for seven years .

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

Reference Number: t17910914-19

330. CATHERINE SWEET was indicted for stealing, on the 29th of July last, a silver watch in a shagreen case, value 30 s. the property of Margaret Wilson , widow .

MARGARET WILSON sworn.

I live in Exeter court, in the parish of St. Clements Danes ; I have known the prisoner some years past, she left her husband, I supported her, she did not lodge in my house, I fed her from the 16th of July to the 29th, I did not miss any thing during that time; I missed the watch an hour after she was gone, I laid the watch upon the table; as soon as I missed it I went after her directly, I found her in her lodgings in Bennet's-court, I begged her upon my knees to give me my watch, I told her no harm should come to her; she would not tell me where the watch was: her husband's name is John Sweet . My reason for putting it on the table was, she sat on the chair next to the place where I used to hang it up, so that induced me to lay it on the table.

ROBERT BERESFORD sworn.

This woman came to me and desired me to apprehend the prisoner; I did so, and searched her, and found the duplicate of the watch.

THOMAS WALKER sworn.

I live with Mr. Moulds, I saw the prisoner at our house on the 29th of July, at seven o'clock in the evening, she pledged a watch, I lent her half a guinea on it.

(The watch produced and deposed to.)

Prosecutrix. It was left me about eight years ago by my sister-in-law.

The prisoner called five witnesses to her character.

GUILTY of stealing to the value of 10 s. 6 d .

Fined 1 s. and imprisoned twelve months .

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

Reference Number: t17910914-20

331. MARY ANN BUTTERS was indicted for stealing, on the 24th of August last, a cloak and gown, value 3 s. and a pair of men's shoes, value 1 s. the property of William Nisbett .

ELIZABETH NISBETT sworn.

I left this young person in my house to make a cloak and bonnet, she went away on the 24th of August, I saw the prisoner on the 27th; I missed my cloak and gown, and a pair of shoes of my husband's; I went to the pawnbroker's on missing my things; I found them at a pawnbroker's in Oxford-street.

ROBERT RIX sworn.

I am servant to Mr. Shore, pawnbroker, Oxford-street, the prisoner, I believe, pledged a silk cloak on the 24th of August in the afternoon.

(The cloak produced and deposed to.)

Nisbett. I know the cloak by the two pieces on each side.

HENRY POPKIN sworn.

I live at Mr. Hill's, pawnbroker; the prisoner pledged this gown with me for 6 s. on the 24th of August.

(The gown deposed to.)

JAMES SLADE sworn.

I apprehended the prisoner the 27th of last month, I searched and found the duplicates of those things.

GUILTY, 10 d .

Fined 1 s. and imprisoned six months .

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

Reference Number: t17910914-21

332. ELIZABETH GULLIVER was indicted for stealing, on the 1st of September , one stuff gown, value 3 s. one linen gown, value 6 s. a pair of stays, value 8 s. two aprons, value 2 s. a pair of stockings, value 12 d. three handkerchiefs, value 2 s. a shawl, value 2 s. a silk hat, value 5 s. a shirt, value 2 s. five caps, value 3 s. the property of Susannah Blakeway , spinster .

SUSANNAH BLAKEWAY sworn.

I lived in Parker's-lane , the prisoner robbed me of all my clothes; I went there on Thursday, I went to sleep with the prisoner, I did not know she was a girl of the town, I never knew her before; another girl that I have not catched, enticed me to this prisoner's lodging, it was about three in the evening, in the afternoon, I paid the landlady of the house three-pence for sleeping there; I lighted on the girl in the street, and asked her for a lodging, and she took me to this lodging; I went to bed when it was getting duskish, at about ten I awakened, and missed my things; I awaked about ten, and found my things gone; the prisoner would not go to bed, but she was in the room, when I awoke; the prisoner never came back, and in the morning I went and told the landlady, and she said I should have taken better care of my things; I lost the things in the indictment, I had nothing left but my shift, and stockings, and cap, an handkerchief, and an old petticoat; I came from Shropshire on Saturday to get a place; I took the prisoner the next morning at the top of Parker's-lane, but I cannot read, she had my cap and ribbon on, and my pocket in her pocket; another girl and a man lodged in the same room with the prisoner, I went from the lodgings only in the morning; two young men at the public-house told me to go to Bow-street, it was as soon as they opened the windows, a woman told me I was got into bad company, but the prisoner and the girl said, I need not take any care of my clothes.

ROBERT BERESFORD sworn.

I am a constable; on Saturday, the 3d of September, I was sent for to apprehend the prisoner, this girl was sitting on the bed, and had nothing but her shift and an old

green petticoat, and a kind of a ragged shawl; I went into a back room, and the prisoner was there, and the girl said, that in my cap and ribbon, and in the prisoner's pocket was this girl's pocket.

(The things deposed to.)

PRISONER's DEFENCE.

The other girl and a man took my cap away, and gave me this cap and ribbon and pocket, instead, I put it on, I did not know whose it was.

Constable. She said they had sold the things for nine shillings, and were gone into Kent.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. COMMON SERJEANT.

Reference Number: t17910914-22

333. SARAH GARDINER was indicted for stealing, on the 4th of August , two linen sheets, value 6 s. a cotton counterpane, value 12 d. a tea kettle, value 6 d. and two flat irons, value 12 d. the property of William Vyse , in a lodging-room .

Mrs. VYSE sworn.

The prisoner took my one pair of stairs back-room at three shillings and sixpence per week; she was backwards and forwards for three weeks, I missed nothing till after she was gone; we missed the things in the indictment, we found them at the pawnbroker's.

EDWARD SWAINE sworn.

I am a pawnbroker; in June, July, and August last, the prisoner pledged the things in the indictment at my house. (The counterpane produced and deposed to.) One of the sheets was pledged the 16th, another the 20th, and the counterpane the 23rd of June.

ABRAHAM BARREAU sworn.

I am the constable, I took her, she acknowledged that every thing that was produced was Mrs. Vyse's.

PRISONER's DEFENCE.

I did it through distress, my husband was very bad in the hospital, he is dead since I was here; I have no witnesses but myself and God.

GUILTY .

Transported for seven years .

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

The said Sarah Gardner was also convicted on another indictment for a larceny.

Reference Number: t17910914-23

334. JAMES CANE was indicted for feloniously stealing, on the 17th of August last, one cloth coat, called a box coat, value 20 s. the goods of Richard Evans .

RICHARD EVANS sworn.

I am a hackney coachman . On the 17th of August I sat down a fare in Houndsditch about half after nine. Helping my fare out of my coach I lost my coat off my box; I was opening the coach door, I left it on my box. Mr. Tipper, at whose door I put down my fare, said, he would go and see if he could find it; he did, and fetched back the lad and coat in the course of six minutes. I did not see him take it.

- TIPPER sworn.

I am a constable, I live in Houndsditch: I was sitting in my house on Wednesday, the 17th of August, and I heard the coachman say, I have lost the coat; I went to the door, and told him not to make any noise, and I would go and endeavour to see if I could find the party. I ran up Woolpack-alley, into Gravel-lane, and so into Petticoat-lane, and enquiring, a party told me they had seen such a person go into Shiman Lally's, the nick name of Solomon Isaacs . I went to the house, and the door was fast; I knocked at the door, and this

Shiman Lally's son, a lad about nine or ten years of age, came to the door and let me in, and I directly rushed into the room, and there saw the prisoner at the bar, sitting down in a corner of the room with the coat; he was sitting on part of it; there was nobody but him and the lad that let me in. I took the prisoner and the coat to the watch-house. As I was coming along he told me I had better take the coat and let him go; that was all he said.

How long might you be doing this? - About six or eight minutes.

How far is Shiman Lally's house from where the coat was lost? - Not above thirty or forty yards.

(The coat produced, and deposed to.)

PRISONER's DEFENCE.

I happened to come that way, and I know Shiman Lally, my mother buys her lemons of him, and I went to tell him my mother was sick, and would not want any more lemons, and I happened to sit down by the coat; but I know no more how the coat came there than you do.

GUILTY . (Aged 19.)

Transported for seven years .

Tried by the London Jury before Mr. COMMON SERJEANT.

Reference Number: t17910914-24

335. ALEXANDER DEMPSTER was indicted for feloniously stealing, on the 20th of July , fifteen pounds weight of sugar, value 12 s. the goods of John Potter .

VALENTINE ROSE sworn.

I am shopman to Mr. Potter, Bishopsgate Without, No. 40 , grocer and tea-dealer . On Wednesday, the 20th of July, about nine in the evening, I was serving a person, and the prisoner at the bar was walking by the door in the street, upon the pavement, for some time, and when I had served the customer, he attempted to take a loaf of sugar that was standing on a chest of tea about two yards in the shop; after that, just as I had served the woman, he came and took it off the chest, and ran out, and I ran after him, and I apprehended him immediately. He just ran round the window, and got up a passage, and a person stopped him with the loaf, and he threw it down, and the person marked it in my presence; I saw the loaf of sugar on the ground close by, but it was rather dark in the passage; I did not see him drop it, it was about six yards from our shop, up Catherine-wheel-alley. I am certain to the boy.

THOMAS SOUTHALL sworn.

I produce the sugar I received form Mr. Rose.

(Produced and deposed to.)

GUILTY , (Aged 14.)

Transported for seven years .

Tried by the London Jury before Mr. COMMON SERJEANT.

Reference Number: t17910914-25

336. ROBERT WILLIAMS was indicted for feloniously stealing, on the 27th of August last, one cornelian seal, set in base metal, value 2 s. the goods of Owen Evans .

OWEN EVANS sworn.

I am clerk to Mr. Williams, Bread-street, a silk manufacturer. On Saturday, the 27th of August, between the hours of nine and ten, going along Newgate-street, nearly facing Warwick-lane , a person coming by made an attempt at my watch, it was the prisoner. I had a friend with me, and I turned round instantly, and followed the prisoner, and began to search him, and the first thing I found in his hand was my seal: I then examined my pocket, and found the watch was there, and the chain had broke. The constable has the seal.

WILLIAM HUGHES sworn.

I was in company with Mr. Evans, he called out that that man had taken his watch. I turned about with Evans, and saw him take the seal out of the prisoner's hand.

(The seal produced by the constable, and deposed to.)

PRISONER'S DEFENCE.

I was coming down Newgate-street, and I met these two gentlemen together, I went to pass between them, and having a wooden leg, I slipt, and I catched hold of the gentleman's chain. I gave him the seal immediately, he hardly held out his hand for it, while I was on my knees.

MARY WILLES sworn

My husband is a master taylor, and has employed this young man, he lives at No. 20, Market-row, Oxford-market; he has employed him occasionally these nine years; he was always very honest, he employed him five weeks ago.

JAMES COX sworn.

I am a book and printseller, No. 4, High-street, St. Giles's; the prisoner lives the very next door to me, a very honest man, I have known him upwards of two years; he is a taylor, a single man.

THOMAS BOYD sworn.

I am a shoemaker, I have known him eight years, a very honest character.

WILLIAM POTTER sworn.

I am a hair-dresser, No. 12, High-street, Bloomsbury; I have known him fifteen months, a very honest man.

JOHN LIPSCOE sworn.

I am a shoemaker in Stacy-street, No. 1, in New Compton-street; have known him above two years, a very honest man.

GUILTY . (Aged 24.)

Transported for seven years .

Tried by the London Jury before Mr. COMMON SERJEANT.

Reference Number: t17910914-26

337. JOHN HERBERT, otherwise WILLIAM MUGGLESTONE , was indicted for that he, with one George Hannay , did assault Samuel Watson on the King's highway, on the 27th of July last, putting him in fear, and feloniously taking from his person, and against his will, one steel watch chain, value 6 d. a stone seal, value 2 d. a key, value 2 d. a hook, value 2 d. his property .

The witnesses examined separate.

SAMUEL WATSON sworn.

Court. Was you ever before a court of justice? - I took an oath at Bow-street; I am fourteen next March; I have always been taught, that if I swore false, I should go to hell. I take care of a bookseller's shop , in Fleet-street.

Are you an apprentice? - No.

Whose shop do you take care of? - Mr. Davison's. I was coming home on Tuesday or Wednesday night, I think it was; it was between nine and ten, in July, I think the 27th, facing St. Clement's church; the prisoner crossed upon me in the Strand , and said to a man that was behind, Bob, this is not the way we are going; it was opposite to St. Clement's church-yard. The prisoner turned round, and fronted me, and held me in his arms, while the other man put his arms round my waist, and got hold of my watch-string; the other man that pulled at my watch-string ran away; the chain broke; I lost a steel watch-chain, all the chain went, and a stone seal set in metal gilt, and a watch-key and hook. I held the prisoner till Mr. Hutchinson took him from me; I had not seen them converse together before, nor had I seen the prisoner before. I was particularly careful that evening in keeping my coat over my fob. The prisoner held me down quite fast with his two arms round my body; he endeavoured to put them over my arms as much as he could. I held him by the leg till Mr. Hutchinson came up. People were passing but no tried

Nobody interfered; the place was remarkably clear.

Mr. Knowlys, Prisoner's Counsel. Did not you say at Bow-street, that it was in the Strand, opposite St. Clement's church? - It was opposite the church-yard.

What you said at Bow-street was read over to you? - Yes.

And you signed it? - Yes. I might say St. Clement's church, being so very near the church; it was in the very narrowest part of the Strand.

He could not well get out of your way when he turned round? - He might have got out of my way.

He caught hold of you round the body? - Yes.

That he might do to save himself from falling? - Yes.

He was near falling, I believe? - Yes, he stooped a little; he did not fall; he was very near falling.

At this instant, you say somebody made a pluck at your watch? - Yes.

The person that snatched at your watch offered you no violence at all? - None at all.

This person was very near falling? - Yes, and he made me fall.

You have seen persons fall in like manner? - I have seen them fasten upon one another.

JAMES HUTCHINSON sworn.

I am an oilman. I know the prosecutor. On Wednesday, the 27th of July, about nine in the evening, I was returning from Chelsea, and opposite St. Clement's church the prisoner was a little before this young man, and another behind him; this young man was in the middle, and another behind him; the prisoner turned round, and said, Bob, this is not our way home, we will go the other way; the prisoner turned round, and took hold of this young lad, and the other made a snatch at his watch. This young lad called out, my watch, my watch, murder, my watch. I tried to catch hold of the other, but he got away; then I took hold of the prisoner, while the prosecutor held him by the leg. While I was trying to catch the other, the prisoner begged hard to get away, and said, it was not him who robbed the lad. I at that time held him, and asked the churchwarden to go for a constable; he staid about half an hour, I held him all the time. The constable's name was Talboys. I went with them, and put the prisoner in the watch-house, and next morning he was taken before a magistrate.

Mr. Knowlys. Were there a great many persons passing at the time? - A great many.

The lad was moving towards him? - He was two yards from him.

The lad could hardly avoid running against him? - He could very easy avoid it.

Have you not seen that accident frequently happen? - Never.

Did not the prisoner at the bar almost fall? - No.

Indeed? - Indeed, not to my knowledge. When the lad laid hold of his leg, he jostled him.

Did you make any offer of this kind, the lad saying that he belonged to reputable connections, that you would discharge him if he could bring any reputable connections? - No.

Court. Should you know the other man again? - Why, I could not swear to him; he was a short man, with a round hat.

Did the prisoner, at the time this happened, give any account of the other man? - He called him by his name, which is in the indictment.

JAMES TALBOYS sworn.

I apprehended the prisoner; I received him from Mr. Hutchinson; I searched him, and found nothing on him.

Prisoner. I leave it to my counsel.

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

GUILTY , Death .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17910914-27

338. WILLIAM TRISTRAM and JOHN BERRY were indicted for feloniously stealing, on the 25th of August last, a black gelding, value 5 l. the property of John Cull .

JOHN CULL sworn.

I lost a black gelding on the 25th of August, Thursday; I had it down in a little field that I rent of Mr. Hickfield, at Holloway , in the parish of Islington; I saw it there at night, about eight o'clock on Wednesday night; I missed it on Thursday morning. I had one more in the same field; that was left. I recovered it at Clerkenwell, near eleven o'clock the same day that it was lost; I saw it in the hands of Benjamin Smith ; he buys horses to kill.

How did you know the gelding to be yours? - The hair was off the rump, and one of the eyes almost beat out; I am sure it was my gelding; I have no doubt of it at all; I value it at 5 l.

BENJAMIN SMITH sworn.

I am a horse-slaughterer. Tristram came to me the 24th of last month, Wednesday, and told me, that he had got a relation had got a horse at the Angel, at Islington; and after that, he told me, it was a prig'd horse, meaning a stolen one, and he did not know how to get rid of him. He said, dead or alive, it would come to about 15 s. I went to acquaint our inspector of it; he was going out, he said, for a little way. Tristram and Berry came afterwards to me, at Sharp's-alley, between eight and nine in the evening, and they both asked 24 s. for it, and said they would come in about ten minutes after; Berry rode on the horse, the other walked. I detained them both, and the horse, at my stable, in Sharp's-alley. The prosecutor had the horse away with him before the magistrate; they were taken before magistrate that morning by ten o'clock. He said, it was his property. They desired the horse might be killed, and Tristram represented the prisoner as his cousin, and that the horse must be slaughtered. Then the men were fully committed.

MATTHEW BILBY sworn.

I searched one of the prisoners before the magistrate, and found a chisel on him; and he said, he brought the horse the other side of the water; he was committed for a further examination. I found the owner on Clerkenwell-green; I shewed him the horse, and he owned it. The prisoners were committed, and the prosecutor had his horse again.

JOHN M'CLEVERS sworn.

I am a watchman. On the 26th of August we heard a large spanking horse coming down Cow-cross towards Sharp's-alley; we saw the horse coming down. He said to me, this is the horse I suspect to be stolen. Berry was on the horse; the other man beckoned to Tristram to come under the gate-way; he took the horse, and tied it up against the door. They would not tell to whom the horse belonged. They were taken into custody.

Prosecutor. The gelding had not been taken out of the field for a fortnight.

PRISONER TRISTRAM's DEFENCE.

A young man was going to his father's, to the harvest, and we accompanied him; and returning home, we found this horse was drinking at the pit at Islington; and we said, we would take him to the green-yard; we were taking him to the said green-yard, and this gentleman, Benjamin Smith , stopped us, and said, it was too soon to take it to the green-yard, and offered us a shilling to let him have it. A man came, and said, he wanted something to drink; says Smith, if you will stick to me, and say, these two lads stole this horse, we will have plenty of drink. His character is very well known in the neighbourhood, but we are poor men.

Prisoner Berry. I say the same.

WILLIAM TRISTRAM , JOHN BERRY ,

GUILTY , Death .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17910914-28

339. HENRY COX , ROBERT CLARK , JOHN ROBSON , and JOHN JONES were indicted for feloniously assaulting William Dawson , on the 18th of August last, in a certain field and open place near the King's highway, and putting him in fear, and feloniously taking from his person, and against his will, a watch, with the inside case made of silver, value 30 s. a chain, value 1 s. a canvas bag, value 1 d. nine guineas and four shillings in money, and a bank note, value 10 l. and a black leather pocket-book, value 6 d. his property .

And THOMAS COPE was indicted for feloniously receiving the said watch, knowing it to be stolen .

WILLIAM DAWSON sworn.

I am clerk to Mess. Cox and Bridge, army agents in Craig's-court, Charing-cross; on Thursday morning about a quarter before nine, on the 18th of August, I was coming from Chelsea, in Five-fields-row , to my own house in Craig's-court, I was stopped by a man in a jacket, not a sailor's jacket; it was on the foot-way, there was a bank on each side, the carriage road on the right, and on the left, about the middle of the field, a man came to me with a bludgeon to my head, and desired me to stand and deliver; he took from me my watch, a canvas bag and nine guineas, and four shillings in silver, and a pocketbook containing a ten pounds bank note, No. 1064; he was a middle sized man, I was so terrified I could do nothing; I went back about one hundred yards, and told some people, I saw but one when I was robbed, but I saw three more running; on the Saturday morning afterwards I saw my watch, it was brought to me at my house by one of Sir Sampson's men; about a week after I saw the note, I could not see the colour of the man's jacket, because it was dusk.

Mr. Schoen, Prisoner's Counsel. You are near sighted, I believe? - I am certainly, but I had my spectacles on as I have now, I saw the man running about fifty yards off.

JOHN CREEDLAND sworn.

I am one of the patroles from Bow-street; on the 18th of August; about ten at night, on Thursday, I heard of the robbery; on Friday I went to Richard Acton , about eight in the morning, he produced the watch a few hours after he had told me of the robbery; on the recovery of the watch the next morning, I apprehended Jones in the Almonry, Westminster; and the same day in Covent Garden, I apprehended Cox; there was an offer of favour made to Cox, and he signed a paper before the magistrate; I went with him privately, it was not before it was reduced to writing, but that writing is not here, I saw him sign the paper.

Mr. Schoen. You are an officer, and frequently attend at this court? - Yes, Sir.

Do not you know that there is 160 l. depending on the conviction of these men, between you and your fellow thieftakers? - I have heard such a thing, that there was a reward to be given.

Do you know that the reward was 160 l.? That I do not know, for I have not reckoned it up; the common saying is 40 l.

RICHARD ACTON sworn.

I am a soldier of the Duke of York's regiment; I was going down by the Horseshoe, and was called in by James Daubigny , it was the 19th of August, I believe Friday, it was about eleven o'clock; I bought a watch of Thomas Cope ; he asked me twenty-five shillings, and I gave him two half guineas; Cope begged of me to let nobody see it, and I came out of the house directly; Creedland came to me the same day, and I gave him the watch.

JOHN CANTLING sworn.

I am a hackney coachman; Cope and Robinson got into my coach, in King-street, Westminster, on the 19th, on Friday, a little after twelve in the morning; they told me to drive them to the Tower, and stop at Johnson's-court, Charing-cross; they got out there, and then told me to drive to the Savoy, and got out there, then they told me to go on to the Tower, but I could not get through Temple-bar, and they

told me to drive to King-street, Soho, and from thence to the Horse-shoe, in Tothill-street, Westminster; they paid me four shillings, and could not get change for a guinea, and sold a watch for two half guineas, to one Acton a soldier; he gave two half guineas to Cope, and received the watch from him; Cope took the watch out of his pocket, Robson had nothing to do with it, he had the guinea.

Mr. Schoen. Did you know those men before? - I never saw them before, but I am sure they are the two men.

JOHN BROWN sworn.

I am a waiter at the Old White Horse Cellar, Piccadilly: on Thursday the 16th of August last, between nine and ten in the evening, (I am sure it was on a Thursday, and on the 16th, as near as I can recollect) a coachman called out waiter, and I went to the door, and he told me some gentlemen in a hackney coach wanted me, and Robert Clark put his head out of the coach, and asked me if he could have a post-chaise; I said he could; he got out and gave me a ten pounds bank note, and told me to give him change first; it was between nine and ten, about a quarter before ten; I told him it was too late; he said I must have change, I am going down the road to my captain, to Exeter: I got him change, and he gave me half a crown; the gentleman who changed it has got the bank note; then I asked him if I should get the post-chaise, and he said no; and then he got into the hackney coach again, and drove to Whitcombe-street, there were some others in the coach, but I do not know them; I am sure of the person of Robert Clarke , I had known him for two years, I do not know that he follows any business.

Jury. Did not you suppose him to be a soldier? - Yes, but I did not know him to be of any trade.

HENRY CLUNE sworn.

I keep a public-house, the Coach and Horses, Piccadilly, I changed a ten pounds note on Thursday the 18th of August, about ten.

(The note produced.)

JOHN DUNFEE sworn.

I keep the Highlander public-house, the corner of Whitcombe-street; on Thursday, the 18th of August last, between the hours of ten and eleven at night, three men came into my house, one of them I can swear to, which is Clarke; one I am doubtful on, which is Cox; and I think Robson was another. They asked for two shillings worth of salmon, and had two or three pots of porter, and five slices of bread, a quartern of brandy, and sixpennyworth of rum and water; they said about twenty-five minutes, and paid their reckoning, and went away; they were gone before eleven, and might come about half after ten. I knew Clarke before, I never saw Robson, before, but I took particular notice of Robson, because he was a particularly likely young man. I am not positive to Robson.

SARAH BEACH sworn.

I keep a public-house, the Bell, in Prince's-street, Westminster: I found a pocket book in my parlour on the 18th of August. The young man they call Robson had been there before that day, with two more, whom I do not know; I can swear positively to Robson. I kept the pocket book till a person called for it, I cannot say who it was. Nobody said any thing to me, but they all three went into the parlour, and I saw it there on the seat when I went in for the candle, about two minutes after they were gone; they staid about five minutes. I found it on the seat where the other two were sitting whom I did not know. I knew Robson before. The room had been empty an hour.

RICHARD SIMPSON sworn.

I am a soldier in the first regiment of foot-guards. On Friday morning, August 19, I was coming past Johnsons-court, Charing-cross, Cope and Robson were getting out of a hackney coach; they asked me to go in and drink with them at the Mitre, which I did; during that time Cope pulled

watch out of his pocket, and said they had made it last night, with a 10 l. Bank note, and nine guineas, among four of them, in the presence of Robson; and they asked me to ride with them to Tower-hill in a coach, and I rode with them to the Savoy, and Robson and Cope got out there, I thought myself in bad company, and went away. It was a green cased watch, and a dent on the inside; I think I should know it again, (looks at it) I really believe it is the same watch. They were both very much in liquor, but I will not positively swear to it; there was nobody in the coach but Robson, Cope, and me.

EDWARD HUGHES sworn.

I am one of the patrol belonging to Sir Sampson Wright; I knew Clarke very well, and I apprehended him, on the 5th of September, at Norwich, and brought him to town.

ROBERT BURZEY sworn.

I am a shoemaker by trade, I was at the city of Norwich, and was the cause of Clarke's being apprehended; I saw him in the custody of Hughes.

Prisoner Clarke. I wish to ask that witness, whether he means to have any part of the reward? - Not any of it, I do not expect any.

JOHN SHALLARD sworn.

I only know of the apprehension of Jones, on the 20th of August.

THOMAS TING sworn.

I apprehended Jones on the 20th of August.

(The watch deposed to by the prosecutor.)

Maker's name Berry; I cannot say the number of it, it had another chain, but I can with safety swear to it, I have worn it thirty years.

(The Bank note deposed to by the prosecutor.)

I took notice of the number at the time, it is entered in this book by the clerk; he is not here, but I know his hand-writing, I was present at the entry. I kept the note in my pocket book all the time.

PRISONER ROBSON's DEFENCE.

I leave it to my counsel.

ISAAC WILKINSON sworn.

Gave Robson a good character as a soldier.

PRISONER COX's DEFENCE.

I found this watch in the Five-fields-lane, without any chain in the world; I could hear of no owner.

PRISONER CLARKE's DEFENCE.

On the 14th of August I received a letter from my wife's brother to go to the Bull in Bishopsgate-street, to receive 4 l. I went there, and received it of the waggoner; I was to go down with my wife to see her friends at Norwich. I went away on Friday the 19th.

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

PRISONER JONES's DEFENCE.

I am innocent, I have not acquainted any of my friends and relations; I was at the Marquis of Granby's, in the Almonry, Westminster, on Thursday night, the night of this robbery; I was not out of the house, and I never drank nor saw any of these men before to my knowledge, till after I was apprehended.

PRISONER COPE's DEFENCE.

I went to receive my pay on Friday the 19th of August down Bird-cage-walk, and I met the prisoner Cox, who had the watch in his pocket. He said he had found it, and he asked me if I knew any person that wanted such a thing; and I went with it to Mr. Steel's, in the Almonry, and they refused to take it in; and I went to a man, and he did not want such a thing, and I

bought it of him, and sold it afterwards to Acton for two half guineas.

ROBERT CLARKE , GUILTY , Death .

HENRY COX , JOHN ROBSON , JOHN JONES , THOMAS COPE ,

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Jury. My Lord, we wish to recommend Clarke to mercy.

Court. On what ground, as I am obliged to state it to his Majesty in Council. Settle that among yourselves.

Jury. Only as his person not being sworn to on the robbery, only having the property in his possession, and also on account of his youth.

Reference Number: t17910914-29

340. ROBERT RALPH was indicted for feloniously stealing, on the 14th of August last, four ounces of silver wire, value 20 s. the goods of Peter Bateman and Ann Bateman , widow .

FRANCIS RISK sworn.

I am a silversmith, a journeyman to Mr. Peter and Mrs. Ann Bateman , silversmith s, Bunhill-row ; I had a bit of silver to mount a ten inch waiter, which I sawed off, and I could swear to it; I do not know of my own knowledge that any silver was lost, but after I had done with that piece I put it into a box, which we usually do, and then perhaps we never see it more. I did not know any silver was lost till I was told it was taken away.

Do you know at present whether your master has lost any silver at all? - I cannot say, but I can swear to a piece of silver found in that man's possession to be once my master's property.

Was it sold by you or by any of the servants? - I cannot say it was or was not.

What was the prisoner? - He was a journeyman to my master.

When do you suppose this was taken away? - The prisoner left work there about six o'clock on Saturday the 13th of August.

Mr. LEBROWN sworn.

I am journeyman to Messrs. Bateman; I cannot swear positively to the silver.

Do you know whether they have lost any property? - Yes, my Lord, they have lost it; because the constable has it in his possession, and the prisoner was journeyman to Mr. Bateman, and on the 13th of August was at work there, and left work about six o'clock in the evening. On Sunday morning, the 14th of August, I was sent from home to come to Mr. Bateman's. Coming there, I saw the prisoner with the constable, and the man whom he had been offering to sell it to, Abraham Emanuel . Some of the men were sent for, who swore positively that it had been taken out of the shop; for they had been at work upon some of it.

CHARLES WARE sworn.

I am journeyman to Mr. Bateman. On the 10th of August, there was a bit of silver given to Mr. Risk to mount; and the foreman after that would not have it done with that bit, as he had altered his mind. I took notice of it; and I never saw it any more, till I saw it before the Lord-Mayor.

Are you sure that the piece produced before the Lord-Mayor was the one you saw on the 10th of August? - I have not the least doubt of it.

Did you ever sell this piece of wire? - Never.

JACOB PRIOR sworn.

I am journeyman to Mr. Bateman. I saw the same piece of silver.

- PARKER sworn.

I had this piece of silver wire to turn up, and I never saw it again till the 15th of this month.

ABRAHAM EMANUEL sworn.

I live in Houndsditch, in Five-ball-court; I am a draper. On the 14th of August, I was going out between seven and eight in the morning, and the prisoner at the bar hallooed Hoy, Hoy; I turned about short, and asked him what he wanted; he said, he had some silver to sell. I asked him to shew it me; he pulled it out of his waistcoat pocket. I asked him, if he had any more of it; he said, he had about 40 or 50 ounces more at home. I asked him where he lived; he said, he lived in Brick-lane, Piccadilly, at one Mr. Carter's. I was going along Duke's-place at this time, coming out of a place of worship. I asked him, how he came by it; he said, he brought it from Birmingham. I told him to stop a little there, and I would fetch a man that would come and buy it of him. He stopped there; and I went, and fetched a constable.

What became of the silver? - He had it all the while himself. The constable's name is Davis; he took him into custody, and took him to the Compter.

Prisoner. I met that person, and asked him to buy some silver. He asked me, what I would have for it; I told him, a guinea. He said, he would give me half a guinea. I told him, I would not take it; and with that he got a constable, and took me into custody.

SOLOMON DAVIS sworn.

I am the constable of Duke's-place. Emanuel came, and told me, there is a man stands there that has got some silver to sell; and he told me where he stood. I went up to the prisoner at the bar, and asked him, what silver he had got to sell; he took some out of his waistcoat pocket, and said, he had got 40 or 50 ounces more home. I asked, how he came by he said, he brought it from Birmingham; and it was better than the London silver; and said, if I chose to go home with him, he would shew it me; he said, he lived in Brick-lane, Piccadilly. I was going home with him; and when I came to the Poultry, I put him into the compter. When I came to the Poultry, he said, for God's sake let me go, and take the property to yourself; and when he was at the compter, he said, he lodged in Whitecross-street; I forget the name of the court; I went to the house, and his wife was at home; and I asked her, if she knew any thing about her husband having any silver about him; and I learned from her, that he worked for Mr. Bateman, Bunhill-row.

(The silver produced, and deposed to.)

PRISONER's DEFENCE.

That silver I bought of a man at a public house, in Houndsditch; that man said, he had brought it from Birmingham.

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

GUILTY , (Aged 38.)

Transported for seven years .

Tried by the London Jury before Mr. COMMON SERJEANT.

Reference Number: t17910914-30

341. MARY JONES was indicted for feloniously stealing, on the 10th of September , a silver watch, value 48 s. a steel chain, value 4 d. a steel seal, value 1 d. one guinea in gold, and 14 s. in silver, the goods and monies of John Yates , privily from his person .

JOHN YATES sworn.

Last Saturday, the 10th of September, I was in the prisoner's lodging room, in Turnmill-street , and it was between ten and eleven o'clock; I met with she up above St. John's-street turnpike; she asked me to give she something to drink, the first thing she said to me; and I denied her at first; and she told me she had got a room of her own, and she would give me a night's lodging if I would go home with her. I agreed to go home along with her, to have a night's lodging. I went home with

her. I felt my watch and my money in my pocket when I was in the room; I continued there, as long as I can guess at it, I might be there half an hour; and she asked me, whether I should be against giving her half a crown for the night's lodgings. I told her, I could not afford 2 s. 6 d. I thought 2 s. was enough. She got the money out of my pocket, and then went down stairs immediately.

You felt it in your pocket just before? - I did.

And you missed it directly afterwards? - I did. I had got my shoes off towards going to bed. I lost her for that night; I put my shoes on again, and went out of the room, and went out into the street, and I met with the watchman, and went to the watch-house, and there I staid all night. The next morning I went home, and put on a fresh coat, and about nine o'clock I saw her come out of the yard into another yard, and I followed her, and catched hold of her, and told her, I would swear she was the woman that robbed me; she said, she was not the woman; that she had a husband, and if he heard what I said, he would murder me. A mob came about, and I gave it up, and told her, if she was not the woman, she was very much like the woman; and presently she called me out of the company, and told me, she wanted to speak to me, and she told me, there was another woman in that neighbourhood very like she, and she would see what she could do in the course of the day, whether she could get my watch or not for me. She went round to a little public-house near Hicks's Hall, and there she told me, if I would meet her at seven o'clock in the evening, she would see what she could do in getting my watch again. She met me there according to her promise, and told me, if I could produce half a guinea, she could produce my watch. I told her, I could not then; but if she would give me liberty, I would try if I could make a friend, to let me have half a guinea, and she promised to meet me again at nine o'clock. I went to the beadle of the night-watch for advice what to do in it, and he told me, I had no occasion to give half a guinea, he would try and get my watch back, and it may be some of my money, for nothing. Presently the girl was in the street, at the beadle's door, and he took her up, and sent for a constable, and I swore to what I lay to her charge; and I am very sure that this is the girl.

Court. Was you drunk or sober? - I was a little fresh in liquor, but not drunk.

Had your ever seen her before? - I had not, to the best of my knowledge.

How can you be sure to remember her person so well? - We had a candle all the time, and I was not drunk; I was with her in the room about half an hour.

Have you ever seen your watch since? - Yes, she produced the watch that night after she was taken up, in a house where she was taken to; she either produced it, or ordered it to be produced. The man is here who brought it to me.

Prisoner. Did not you tell me, you was not sure I was the woman? - I always said, I was sure, my dear, you was the woman.

Court. Are you sober now? - Yes; I have had hardly enough to keep body and soul together; I have been obliged to pawn my coat off my back, and my working tools, for support.

THOMAS CROSSLEY sworn.

I am beadle of St. Sepulchre's Without; that night the last witness was robbed, he came into our watch-house, and staid all night. In consequence of his description of the woman, we went, I and the constable, and could not find her. About seven or eight in the evening of the next day he called again, and she came by, and I took her up. When she was in my custody, she desired to speak to a woman. I kept her there for three quarters of an hour. We thought it was time to take her to prison. I had occasion to go to the door, and there were two or three fellows about, and I thought that they wanted to pick my pocket, and they put the watch in my pocket, wrapped up in paper. The constable has it.

FRANCIS WILKINS sworn.

I am a constable. The watch was delivered to me by the last witness. (Produced, and deposed to by the maker's name, John Selby , Cirencester.) I searched the prisoner, and found six-pence, and some halfpence, and a thimble, and I returned them to her again.

PRISONER's DEFENCE.

On Sunday morning I met this man in Cow-cross, in the open street; he tapped me on the shoulder, I turned about, and he said, that he believed he had been in liquor, and had been with me the over night, and he had missed his watch and some money, and that he believed it was me. I told him he was mistaken, I was not the person, and this brought a mob about us; and with that he was frightened, and walked off. He asked me to go a little way with him, and I did; and he said, if I could hear any thing of his watch he would give me half a guinea, and would make me a present for his money. He met me again at seven o'clock, and I told him I had heard nothing of it.

GUILTY of stealing, but not privately . (Aged 28.)

Transported for seven years .

Tried by the London Jury before Mr. Justice GROSE.

Reference Number: t17910914-31

342. FRANCIS TRAMP was indicted for feloniously stealing, on the 24th of December last, one feather bed, value 3 s. one feather bolster, value 2 s. one pillow, value 6 d. two linen sheets, value 4 s. two blankets, value 4 s. a pair of iron tongs, value 3 d. an iron poker, value 3 d. and other things, the goods of John Herne , in a lodging-room .

JOHN HERNE sworn.

I keep a house in East Smithfield , and let lodgings. The prisoner came to me about five weeks, as near as I can speak, after last Michaelmas; he had one apartment at 3 s. a week; he might continue about seven or eight weeks; he went away the day or two after Christmas. It was a furnished apartment; these things, all of them in the indictment, were let with the furniture; I found it out about a day or two after he went; he took away the key, and locked up the door, and left about half his lodging unpaid. On the Christmas morning I went up, and gave them a glass of gin, and told them to get my money as soon as they could; they said, they would. The next day morning I went up, and the room was locked up. I found an iron saucepan, a gridiron, and bolster, pawned with Mr. Hill.

ROBERT HILL sworn.

I produce a gridiron, a pillow, and an iron saucepan, which I received from the prisoner in pledge on the 1st of December. I really think it is the man, but I cannot positively say it is, it is so long ago.

Have you any doubts? - No.

The prosecutor came for the things on the 22d of May.

(Produced, and deposed to.)

PRISONER's DEFENCE.

There are many saucepans marked like that; and in regard to the sheets, there were two blankets, but no sheets at all. As he was very sharp for his rent, and I being something behind hand, and he threatening me to padlock the door, and he being very sharp with me, and I being dubious of losing my two or three trifles, my working tools, and so I left the room, but I left the key in. I never had any poker nor flat-iron in the room; but I left every thing in the room as I found it, and rather more.

GUILTY . (Aged 74.)

Whipped , and imprisoned three months .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17910914-32

343. JOHN WHEELER was indicted for feloniously stealing, on the 28th of July , 28 yards of printed callico, value 46 s. the goods of Thomas Clarke , privately in his shop .

THOMAS BOYD sworn.

I am apprentice to Mr. Clarke. On Thursday, the 28th of July, between the hours of seven and nine, Mr. and Mrs. Clarke, a shopman, another apprentice, and myself, were in the shop, a man came in, and said, shopman, your shop is robbed; I immediately jumped over the counter, and ran to the gateway, and perceived the prisoner at the bar walking up the middle of the gateway; our shop is one door from the gateway; our corner is the corner of High Holborn and the corner of Drury-lane. As soon as the prisoner at the bar perceived me following, he stept into a corner of the said gateway, and dropt the piece of printed callico from under his coat (it was out of paper, loose) on the pavement; I saw it fall from under his coat; I took it up, and have kept it ever since. I marked it in the shop D. J. T. Boyd, D. J. being the private mark what it cost. D. J. was on before, but not my writing; it is Mr. Clarke's own hand-writing. We had only a piece and a half in the house of this pattern, and this is the piece, and the half-piece we have left. I had seen it in the morning, and this happened between the hours of half past seven in the evening, or near eight, as near as I can guess. I am sure this was put up in the morning against the door; I did not put it up, but I saw it. He was committed the next day, as it was too late that day to be examined.

Mr. Garrow, Prisoner's Counsel. On the next day, when he was committed, he was committed on suspicion, I observe? - I cannot really say what he was committed on.

That is not what I ask you; I ask you, whether he was not committed on suspicion for stealing these goods? - I do not know that.

How many people serve in your shop? - Five of us.

The last you had seen of this piece, was when you had made up your shop for shew in the morning? - Yes.

So there had been twelve hours for these five persons to serve in the shop, and you had not missed any thing till the alarm was given you by the other man, and there is none of the other persons who served in the shop here? - None of them.

I observe, that is not an uncommon pattern? - I never saw it before, as I know of.

Do you mean to stake your credit upon that? - Yes, I will, that I never saw the like pattern before nor since.

Probably it might have been made on purpose? - I cannot say.

Attend, young man; do you mean to say, that you have the smallest conception that that piece and a half was made for your master, and then the blocks were broke? - I do not think that; we had two pieces at first.

Who had you it of? - I cannot tell.

It is rather a favourite pattern for furniture? - It is a very pretty pattern.

Do you mean then, Sir, now to repeat it, that you do not know there was any more than these two pieces made; would these two pieces be of any value to the manufacturer? - Most certainly not.

Must you not be certain of that? - Yes, to be sure, I must.

You have told the learned Judge at first, that the private mark was the hand-writing of your master; will you venture to swear it? - If you will give me leave to look at it, I will tell you. (Looks at it.) I will swear it to be my master's hand-writing. I am so accustomed to his hand, that I can swear it.

Did you know this man before? - I nenever saw him before in my life, as I know of.

You are the only person here from your shop? - I am.

JOHN LEDWIN sworn.

I am an hardware man; on Thursday the 28th of July I went into Mr. Linch's, just by Mr. Clarke's, nearly opposite, in Broad St. Giles's; I saw a man walk from the door, and putting a bundle under his

arm, he was passing by the window from the door, I did not perceive him inside the door; I went to the shop door, and called shopman, your shop has been robbed, and went on, and followed the man to the corner of the court, where he turned down; the shopman run past me, and laid hold of him, I saw the piece drop, and the shop-man picked it up, I was not near enough to see where it dropped from, and I helped to carry the man to the house; the prisoner is the man.

Mr. Garrow to Boyd. Which of your masters was it that made this mark? - I have only one master.

What is his partner's name? - He has none.

EDWARD TREADWAY sworn.

I was sent for to take the prisoner into custody, and he was committed on suspicion, and August the 2d examined again, and committed on suspicion again.

Prisoner. I leave it to my Counsel.

The prisoner called five witnesses who gave him an excellent character.

GUILTY . (Aged 21.)

Of stealing, but not privately.

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17910914-33

344. SARAH CAHALL was indicted for feloniously stealing, on the 29th of March last, a dimity petticoat, value 7 s. a pair of cotton stockings, value 18 d. the goods of Mary Harrison , spinster .

MARY HARRISON sworn.

I live in Foster-lane, Cheapside, the Sun Tavern , the prisoner was my fellow servant for one month and three days; on the 29th of March I lost a dimity petticoat and a pair of stockings, and other articles not found; I found them at Mr. Berry's, the pawnbroker's, Ludgate-hill, she left the place the latter end of March, about the 17th day, I recommended her to my lodgings, and my box was broke, and these things were lost; I did not lodge in my place, it was in Green Dragon-court, No. 2, she was very much distressed, being turned away at a minute's warning, and the constable having her in custody, and finding the duplicate, he sent for me.

PHILIP CROCKFORD sworn.

I live with Mr. Berry, Ludgate-hill, pawnbroker, I produce a petticoat and pair of stockings, I received them of the prisoner, on the 29th of March, at our shop, by the name of Mary Cox, I took them in myself, I am sensible it is the woman I took them in off; I lent her 8 s. upon them.

(Deposed to.)

- BUNNY sworn.

About the 2d of August last, I went with the prisoner to Mr. Berry's, and there I found the things now produced; I took the duplicate from the prisoner myself.

PRISONER's DEFENCE.

It is my own petticoat, the constable knows I took him to where my gown and coat were made, and the constable knows that the person at home said, that they had made a gown and coat for me, but that her mother was gone to Brightheinnstone; the constable knows they belong to me. My Lord, I have a very good defence; the prosecutrix and I lived in a place together, and I told my mistress I would not live in one house with her; I said she was not a natural woman, and I would not sleep in one bed with her; and so it is through spite that my prosecutrix has taken me up, and brought me here.

GUILTY , (Aged 25.)

Transported for seven years .

Tried by the London Jury before Mr. COMMON SERJEANT.

Reference Number: t17910914-34

345. WILLIAM ROSS was indicted for feloniously stealing, on the 18th of July , sixteen copperplate prints, value 30 s. two drawings in chalk, value 2 s. four other drawings, value 4 s. one drawing in India chalk, value 6 d. the goods of Thomas Simpson .

THOMAS SIMPSON sworn.

I live in St. Paul's Church-yard , I am a printseller , the prisoner at the bar is my prentice , he has got three or four years to serve; on the 18th of July I came home after having been out of town for two or three weeks, I heard I had been robbed, before which I had no suspicion at all that he had robbed me; upon which I went over to a neighbour, which is in court, Mr. Carr, and desired him to come over to me, whilst I asked the prisoner a few questions; I had him called, and there he confessed he had robbed me.

Before he confessed, did you make him any promise? - No, none, directly or indirectly.

Mr. Garrow. My Lord hath taken the pains to ask you whether you made any promise to induce him to make this confession, but I being particularly instructed, must press that question at this time a little farther; at this time, a Mr. Carr and Mrs. Hughes were present? - I believe they were.

You believe they were! Did not you say that you went out and asked Mr. Carr to come in? - But then I have my doubts respecting the other person, Mrs. Hughes.

Try to recollect yourself then, whether she was there? - She was.

Was a man of the name of Hopkins present? - I believe he was.

I wish to know when you called him up, whether you did not say this to him: "I suppose Ross you know on what business I have called you, and the best recompence you can make is, that you discover the whole, that I may recover my property, and then I will not prosecute you?" - I did in part, but not in the whole.

What part do you own? - I did not give him any promise that I would not prosecute him or take him up.

Will you swear you did not make him the most unqualified promise that you would not prosecute or take him up? - I did not.

Mr. Simpson, having set out that you did not promise directly or indirectly, be so good

to tell what profession you are? - A drawing-master.

Be so good to recollect your own phrase, how you expressed yourself, the very words.

Court. Recollect, before he said any thing to you, what were the words you made use of to induce him to confess? - I told him, Ross, I hear that you have robbed me, I should be glad if you would let me know how much you have robbed me of; and I think he asked to be forgiven, and said if I would forgive him, he would never do the like again; I likewise asked him where my property was, and he told me.

But before we get to this, he put one question to you, which was, what did you say to him, as an inducement? - I told him I would be as merciful to him as I could.

Mr. Garrow. After we had got so far, Mr. Tomkins a schoolmaster might come in? - I believe he might.

Was not this said by Mr. Tomkins to the prisoner, your master has promised exceeding fair, if you will tell what you have done, and where you have sold them, he will not take you up, it is your best way to tell every thing, and I will stand by you, and be your friend? - I believe he might say part, but I did not hear all.

I will read it to you again, it is not any conjuration of mine, Mr. Simpson? - He did not say that all in my presence.

What was not said? - He never said in my presence, he would not take him up.

Well, I will read it to you with that part struck out (Reads it;) do you agree to it now? - I do.

Court. After this do not tell us any more what the young man said.

Simpson. I went with the prisoner to the place where he sold the things, apart; I went to St. Giles's, to Mr. Cox, a printseller and bookseller, and found I believe two prints, but I cannot say what they were, there was a drawing also in chalk; I left them there, the two prints, but I brought the chalk drawing away, because I paid for it; I left word also with Mrs. Cox, he being not at home, to desire her husband to lock up the prints he bought of the prisoner: accordingly the next day Mr. Cox came with sundry prints and drawings which he bought of the prisoner, which are in Court; I found they were my property, and sent for an officer, and took the prisoner up, and we went before my Lord Mayor, and there I swore to them.

Court. Had you any suspicion of him before? - No, I cannot say I had any well-grounded one.

Mr. Garrow, Prisoner's Counsel. This lad was bound to you in a regular way, so as to be intitled to his freedom, and had served you between three and four years? - Yes.

He understood his business very well? - He did.

Have you employed him since he was in custody? - I did since he was in custody, in order to employ his mind.

I believe it was part of your contract to find the young man with clothes? - It was.

You performed it, I take it for granted? - I hope I did.

Then he did not want for any thing? - I do not know that ever he did.

Had you never any complaints upon this head? - I had one complaint from his father.

How long ago? - Not a great while ago, five, six, or seven months ago.

The complaint was, I believe, that he would carry you before the Chamberlian, to make you perform your contract; his father said he wanted shoes and stockings and the like? - His father did, and I said to him, Mr. Ross, I am very sorry you should come to me to ask me for such things as these, when your son has bought himself better things than I wear myself, better hats, and boots he has bought himself at twenty-five shillings a pair.

On your oath, did not you find that whatever he did take, was to provide himself with clothes? - I did not know it was.

Do you mean to say that you always found him; hath any application been made to you to furnish us with the address of a witness present at a conversation in order that we might subpoena her? - Yes, an application

was made, but Mrs. Hughes had been out of town for some days.

You did not tell where she might be found? - The person would not wait for an answer, but went away immediately.

Do you mean to swear that the person who brought the subpoena, and anxious for the attendance of the witness, and desirous to know where she might be found, went away without an answer? - He went away without furnishing me with an opportunity of saying where she lived.

The person that brought the subpoena had two or three in his hand, and he asked for Mrs. Hughes; the reply was no, she does not live here; then he asked where did she live? - He did not upon my oath.

Nor where she was to be found? - No.

Did you give any information? - No.

Then you did not say she does not live here, but you may find her at such a place? I had not the least idea of a subpoena.

She was one of the witnesses present at the no promise made either directly or indirectly.

- COX sworn.

I live in High-street, St. Giles's, I deal in prints and books; this young man brought these prints to me, and I bought them, about a fortnight or three weeks before they were found; I gave him about 52 s. for the whole. The first lot he brought he said he had more to sell; I asked him why he did not bring them altogether? He said, he would when he had copied them off; he said he lived in Holborn. I delivered the prints to Mr. Simpson; I attended before the Lord Mayor with the prints.

JAMES MACGUIRE sworn.

I took charge of the prisoner, and took him to Mr. Cox's shop, and found half a dozen prints, and Cox brought some more before my Lord Mayor, and they are altogether here. I cannot pick out the half dozen.

Cox. I can swear to all the prints, of buying them of the prisoner, except one or two.

(Produced and deposed to.)

- RUTHERFORD sworn.

The prisoner bears a very amiable character, I have taught him writing and drawing; he was four years in my house. I give him an excellent character.

GUILTY . (Aged 17 .)

But recommended to the mercy of the Court, on account of his youth and good character; also recommended by the prosecutor on the same account.

Privately whipped, and discharged .

Tried by the London Jury before Mr. COMMON SERJEANT.

Reference Number: t17910914-35

446. RICHARD GARDNER was indicted for stealing, on the 3d of August , a gold watch, value 4 l. a base metal watch chain gilt with gold, value 6 d. a key, with marquesites, set in mother of pearl, value 12 d. the property of Samuel Heavens , in the dwelling-house of Hester Watson , widow .

JOHN WATTS sworn.

I am shopman to Mr. Bannister, of Bridges-street, salesman; the movement of this watch I received from the prisoner to make new cases, which watch Mr. Heaven's, the prosecutor, claimed. The prisoner gave me no case with it, it was agreed that I should make him a single metal gilt case to this movement, a new dial plate, and cleaning and repairing, all which came to 20 s. He brought it to me on the 10th or 11th, Wednesday or Thursday, and was to receive it on Saturday. He said very likely he should be on guard, and could not come for it. I took a bill of the shop and wrote upon it, the bearer hereof receives this watch by paying the money for it, which was 20 s. A soldier came for it, it was not done. On Monday morning the prisoner came for it himself, I saw him myself on Monday morning; in consequence of some information from Sir Sampson's

men I kept the movement afterwards, and detained the prisoner.

RICHARD PARKER sworn.

I am a private in the Coldstream regiment of guards; I saw the prisoner pass a watch out of one pocket to another; he was changing his clothes, it might be about half past five on Sunday morning, the 7th or 8th of August.

JOHN CREEDLAND sworn.

I am one of the Bow-street patrol, on the 17th of the last month I was desired to search the prisoner at the Office, I am not positive to the day, I found only money. I went round to search for the watch, and found it at the house of this witness's master on the day after, which was the 18th, when the movement was produced by the pawnbroker. The prosecutor, in the presence of the prisoner, said, this was his watch, and not only that, but he sent down to Bath after the name and the number. The prosecutor saw these movements, and the prisoner said, when questioned about it at that time, not a single sentence to my knowledge; the prosecutor said, in the presence of the prisoner, it was his.

SAMUEL HEAVEN sworn.

I am a coach-master , I lost a watch, as mentioned in the indictment, from the Angel Inn, the back of St. Clement's , about the 3d of August. Hester Watson keeps the house, I slept there, and lost it out of my bed-chamber; I do not know the exact day I lost it, I left it in the room on a table by my bed-side; I had not seen it for some days, I think I had it in my pocket on the Sunday before the Wednesday when I lost it, or it may be Friday; the prisoner was billetted at the house; he came very near my room to go to his own, not far off, but not on the same story. I saw the watch at Bow-street about ten days after it was missing; it was only the movements, I could not swear to it without sending to my watchmaker, and he sent me the number to refresh my memory; I recollect the maker's name, Philip Page , London, No. 23626; I received this slip of paper inclosed in a letter from Bath. I have recovered nothing but the movement, I have no doubt but it is mine.

PRISONER's DEFENCE.

My Lords and Gentlemen of the Jury, being quartered at Mrs. Watson's, the sister of Mr. Heaven, at the sign of the Angel Inn, my other comrade was getting up about eight on Thursday morning, the 4th of August last, we both came down stairs in the yard together; I said I must go up the yard, I should soon return; I went with intention to go into the common vault, I found it engaged, necessity obliged me to go into the gentleman's vault; upon entering it I perceived on the side a small parcel of fine paper, which contained the movements of a watch and a chain, without a glass or case; I put it in my pocket, having no time to make any enquiry after it, being almost too late for my duty. It continued in my quarters till Friday the 12th of August, no enquiry was made, I naturally imagined it belonged to some traveller that might have slept at the inn; it was not advertised, nor any enquiry made after it; I took it to Mr. Bannister, to have a case made for it, for my own use, and I agreed to give him 1 l. for repairing it; I went into the hospital, in a bad state of health, on Friday the 12th of August, where I continued till Monday the 15th of August, when I was surprized by the Serjeant Smith, belonging to the same company, who said I must get up and go with him to Sir Sampson's Wright's office in Bow-street immediately; I called at Mr. Bannister's, in Bridge-street, to see if the movement was repaired; it was not till the day following. I came strait to Sir Sampson's office, when I was charged with stealing a watch, the property of Mr. Heaven. I was examined, and sent down for further examination; I came up the second time, the movement was produced, which I had taken to Mr. Bannister, but my prosecutor could swear to neither the movement nor the number, till he should

write down to Bath. I was five times examined before I was fully committed, and as Parker, the evidence against me, says, he saw me take the watch from one breeches pocket to another, which he was at some distance when he saw me do it; no words passed between us, I did not know he saw it; had I stolen it, or knew it to be stolen, I never would have gone to Mr. Bannister in the neighbourhood to have it repaired for my use. My Lord, I call God to witness what I have said is true.

Court to prisoner. You found it without glass or case? - Yes.

Jury. Was there no inside case? - No case at all.

Court to prosecutor. The chain of this watch I suppose was fixed to the outside case in the common way? - Yes.

And there was a glass I suppose to the outside case? - Yes, there was one case I did not lose; I used to leave it without the outside case.

Court. Then it was a watch with a case and a chain, without the outside case? - Yes.

Court. Had you ever been to this place? - Yes, but not that morning; I cannot recollect taking it out of my pocket, I very rarely did it.

Might not you leave it there? - Not that I recollect; it is not my custom to do it; if I take it out I put it in my waistcoat pocket.

What is the value of the watch? - Four guineas, or four guineas and a half.

How long have you had it? - I believe ten years, it is quite an old watch.

GUILTY, 39 s .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17910914-36

347. JOHN TAYLOR was indicted for feloniously stealing, on the 3d of August last, two linen neck handkerchiefs, value 18 d. two linen neckcloths, value 18 d. two linen shirts, value 4 s. a pair of nankeen breeches, value 6 s. two linen waistcoats, value 18 d. the goods of Thomas Buckmaster : A feather bed value 18 s. a linen shirt, value 3 d. a pair of stockings, value 3 d. a flat iron, value 3 d. a bag of worsted, value 2 d. the goods of Jane Cushway , widow .

WILLIAM BUCKMASTER sworn.

I live in Ram-alley, Gingerbread court, Bishopsgate-court ; on going into my father's room (he is a shoemaker ) on the 3d of August, about four o'clock in the afternoon, I saw this man with a pair of breeches in his hand, and as on as he saw me he chucked them into the box; he came out into the middle of the room, and I took him by the collar, and called for assistance; my brother came, and I delivered him up to my brother.

Was the door of the room open? - Yes.

What room was it? - The ground floor.

THOMAS BUCKMASTER sworn.

I came in and my brother had hold of his collar, and I searched him, and took out of his breeches a shirt, one white waistcoat out of his bosom, two plain long neckcloths, and a half handkerchief; and I took him into the court, and I took another white waistcoat and another half handkerchief. I took him down into the street, and gave charge of him to the officer. I did not find any other things.

Did you ask him any questions? - I did not.

Court to William Buckmaster . Did not you see these things found? - No, I was at the other end of the room.

JANE CUSHWAY sworn.

I was out of doors, I can swear to the property.

THOMAS PRICE sworn.

I am a constable, I was at the fire in Sun-street, Bishopsgate-street, and I saw this person pass by with a bed, and he dropped

a flat iron, and a bag of worsted from it, and I picked it up, and put them up again, and he went on again; this was about three o'clock. Some time afterwards there was an outcry of a thief; he was then secured; I came up, and took the charge from these young men; says I, you are the young man that passed by with the bed; says I, do not deny it, for I picked up the flat iron. I went to his lodgings, Three-cups-alley, Shoreditch; and I found a feather bed, a pair of stockings, a flat iron, and a bag of worsted.

Mr. Garrow, Prisoner's Counsel. He directed you to the lodgings as soon as you asked him? - He did.

Had he any coat on, or waistcoat? - He had the jacket on he has on now.

Who has the property ever since?

Thomas Buckmaster . I have. (Produced, and deposed to.) I know them by wearing them, and losing such; and an R. D. being on one of the waistcoats.

Is there a person of the name of Taylor lodges in your house? - They live at the top.

They are weavers, I believe? - They are.

And the prisoner is a weaver? - I do not know the prisoner is.

Did not the prisoner tell you he went into the room in a mistake? - He did not.

How came the mark R. D. on the waistcoat? - I do not know.

If any body had asked you, before the waistcoat was produced, whether there was that mark on it, you would not have have known? - No, I should not.

Court. Had you or had you not seen the R. D. before? - I had; I did see it when I bought it

Court to Mrs. Cushway. Where do you live? - I live up one pair of stairs in the same house as Buckmaster: I am a widow; I was out at washing; I went out between nine and ten that morning; I left these things at home the shirt was inside the bed, the stockings under it, and the flat-iron by the side of the stove. I am sure of the bed being mine, by patching it; and I am sure all the other things are mine; and I left all the things at home in the afternoon.

- BRANTON sworn.

I am an East-India Company labourer; I had just parted with Mr. Price, and hearing a bustle, I went again, and saw the prisoner, and went with him to the compter; and from the compter went to the prisoner's lodgings, and saw the bed, and the things in it, tied up in a rug.

Prisoner. I leave it to my counsel.

ANN KUSEY sworn.

I live in Acorn-alley, Bishopsgate-street. I know the young man by sight nigh on two years; I heard the alarm of fire, and begged the prisoner at the bar to go to Taylor's house, and save what he could. Taylor's lodges up two pair of stairs in the same house; I told him. I told him, Bet Taylor's father, Colley's wife, who worked in the same shop with the prisoner at the time; I knew him; and by my mentioning her name, he knew whom I meant. I never heard any any harm by him, nor received any harm from him; he comes from the country; he has worked with my brother-in-law twice, who lives in Angel-alley, Smith's-buildings, No. 4.

Court. You said, you knew the young man by sight? - Only by working at my brother-in-law's.

You are sure you told him Taylor lived up two pair of stairs; you did not say the ground, nor the one-pair of stairs? - Neither.

What time of day was this? - Between four and five o'clock.

Do you mean to say, that this was the time you saw him first, between four and five o'clock? - It was.

But the constable saw him with the bed at three; how long have you known this man? - About two years.

Then you know him more than by sight? - Yes; he used to come to my room to warp his ribbons.

Are you particularly acquainted with him, then? - Yes, Sir, so far as that.

Court to Price. Do you know when the fire began? - About three o'clock, but it did not break out at Taylor's till between four and five.

Are you sure that you saw him with the bed between three and four? - As near as I can tell, it was.

Do you know whether it was before Taylor's house was on fire? - I cannot say positively, I was so much confused.

The prisoner called three other witnesses, to his character, who gave him a very good one.

The jury went out of Court for seventeen minutes, and returned with a verdict,

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. COMMON SERJEANT.

Reference Number: t17910914-37

348. ELIJAH COLLYER was indicted for feloniously stealing, on the 27th of July , one looking-glass, in a gilt frame, value 1 s. the goods and chattels of Edward Harris .

EDWARD HARRIS sworn.

I live in Sun-street, No. 7 ; I am a broker . On the 27th of July, about ten in the morning, I returned out of my shop into the back kitchen; in about ten minutes I was called out, to know if I had sold a looking-glass; in about two minutes I came out, and saw the prisoner at the bar with the looking-glass in his hand; I pursued him on the opposite side of the way, that he might have no suspicion of me, and that he might not throw the glass down, and break it. When I came level with him, I immediately ran across the way, and stopped him; he then threw down the glass against my legs; it being a gilt frame, and wire ornaments, and it pitching on the back, the glass did not break at all. I was obliged to let go my hold of him, or step through the glass; I let him go, and he ran about ten yards; I pursued him immediately, and called out, Stop thief; and then a man immediately ran before him, and stopped him; the man that stopped him the second time brought him back immediately. I never lost sight of him. He is the man, I can swear positively.

(The glass produced by the officer, and deposed to by Mr. Harris.)

- PEDLER sworn.

I stopped the man, and held him till Mr. Harris came up; and he said, he was the man.

THOMAS SACKWELL sworn.

I am the constable of Bishopsgate Without. I had this glass from Mr. Harris, and it has been in my custody ever since.

Prisoner to Pedler. Did you see me throw the glass down? - I did not.

SARAH HARRIS sworn.

I saw this young man come off the step of the door with the glass in his hand; the glass before was in the shop; it stood by the side of the bedstead. I am sure it is the young man.

PRISONER's DEFENCE.

I know nothing about it; I should have had many friends come here, if they had known the prosecutor would carried the cause on.

GUILTY , (Aged 20.)

Transported for seven years .

Tried by the London Jury before Mr. COMMON SERJEANT.

Reference Number: t17910914-38

349. JAMES CLEAR was indicted for feloniously stealing, on the 9th of September , one linen sheet, value 2 s. the goods and chattels of Joshua Neville , in a lodging-room .

He was a second time indicted for feloniously stealing, on the same day, one silk

cloak, value 1 s. the goods of the aforesaid Joshua Neville.

HENRIETTA NEVILLE sworn.

I am the wife of Joshua Neville . Last Thursday was a week the prisoner came to me; I live in Shoe-lane, No. 75 ; between four and five in the afternoon he came, and asked if I had a lodging to let for a single man, only to sleep in on nights, as he was just come out of the country that day to get work, and never was in London before. He was to sleep in the one pair of stairs back room, and was to pay two shillings a week, furnished; I found sheets, and every thing. I asked him for a character; he said, he knew nobody in London, and nobody knew him. I said, you look like an honest countryman, I believe you must come. Going down stairs, I asked him his name; he said, William Smith . About eight o'clock he came to sleep; going up stairs, he asked me, which way he was to get out in the morning, as he should be out before four o'clock, as he had got work at Mr. Pinder's, the stone-mason's, the other side of Fleet-market. That rather surprized me; and I told him to tap at the wainscot, and I would let him out. We had a side door; but I thought it was best for him to tap, as he was a stranger. Between four and five we heard him getting up, as we lay under him. My husband got up to see if he went to Mr. Pinder's; and when he came down, finding he could not get out, he tapt at the wainscot, and my husband went and let him out, and looking after, found he went towards Holborn instead of going the other way. He ran up stairs, and finding the sheet was gone, pursued him.

JOSHUA NEVILLE sworn.

I am a tin-plate-worker . I got up before the prisoner some time; about a quarter of an hour before five; the prisoner got up about five. When the prisoner came down, he went backward to see if that was the way out into the street; but finding it was not, he came in, and tapped at the wainscot. When he tapped at the wainscot, I let him in, and I looked about him to see if I could see any thing that he might take with him; I did not perceive any thing about him, but I let him out. He went the wrong way for Mr. Pinder's; I suspected him by that, and immediately went up stairs, and missed the sheet. I came down, and looked out at the door, and saw him about seventy yards from the house, and I pursued; he did not see me, and he turned up Bagnio-court. I overtook him in about twenty yards up the court; I said, countryman, you have got my sheet; he immediately put his hand into his pocket to give it me; I told him, that would not do for me; he must come along with me; and I took him to the watch-house. Mr. Layton, the constable, searched him before me, and on him was found the sheet, and also a shirt, and a silk cloak.

- LAYTON sworn.

I am the constable. A little after five o'clock on Friday morning, the 9th, I was discharging the watch, when the prisoner was brought in. I searched him, and found a sheet in one pocket, and a shirt in another, and a silk cloak in his breeches, and in his fob two duplicates.

Prisoner. I have nothing to say against the charge.

GUILTY . (Aged 25.)

Whipped , and imprisoned one month .

Tried by the London Jury before Mr. COMMON SERJEANT.

Reference Number: t17910914-39

350. ABRAHAM SWAINE was indicted for feloniously stealing, on the 1st of September , four quartern loaves, value 2 s. 2 d. the goods of James Dron .

JAMES DRON sworn.

I am a baker , the man went out to serve the customers.

ALEXANDER STRAHAN sworn.

I am servant to Mr. Dron, he lives at No. 18, Minories; on the 1st of September I was going over Tower-hill with my basket of bread, and my wife overtook me, and I asked her to go with me to Grace-church-street , to see if we could find the person that had taken so much bread from me; we went to Grace-church-street, and I left my basket facing Talbot-court, as usual, and went about the city with some bread: I left my wife in the care of the basket, when I returned, I found four quartern loaves gone out of my basket, and could not see my wife; I was going towards home, and coming towards Talbot-court, I saw a mob, and my wife and the prisoner were together in the mob, and the man was in the constable's custody.

ELIZABETH STRAHAN sworn.

I am the wife of the last witness, I was left in care of the basket opposite the Talbot; I saw, about three minutes after my husband went, the prisoner at the bar come and look into it, and then for about half an hour walk backward and forward; at last he went to the basket, and took four quartern loaves, and came right across the street, running to the end of the court where I was standing; I had a little child in my hands about two years old, and I got hold of him by the other, and asked him what he was going to do with that bread; he said what was that to me: I told him my husband had given me the care of the basket, and they were my husband's property; with that he gave himself a fling out of my hands, and I ran after him, and cried out stop thief; and he came to the constable's door, and the constable took him into custody; he was never five yards from me, he carried two loaves under one arm, and the other two on the top of them, and his hands upon that.

EDWARD KEMP sworn.

I am a constable; I live in Talbot-court, Grace-church-street; on the 1st of September, I heard the cry of stop thief, and I went to the door, and I saw the man with the loaves under his arm; he laid the loaves down at the bench at the door, and the woman said he stole them from her husband; if that is the case, says I, he must not go, I shall take him into my possession; I kept the loaves till the next morning, when I went before the Lord Mayor, and then I marked them.

(One loaf deposed to.)

PRISONER's DEFENCE.

I had got an acquaintance a journeyman bakers, he pitched his basket in Grace-church-street, and he sent me to fetch four quartern loaves, and I very innocently went to the wrong basket.

GUILTY .

Whipped , and imprisoned two months .

Tried by the London Jury before Mr. COMMON SERJEANT.

Reference Number: t17910914-40

351. MARY SMITH was indicted for feloniously stealing, on the 25th of July last, eleven yards of silk lace, value 10 s. the goods of Thomas Weightman .

THOMAS WEIGHTMAN sworn.

I live in Newgate-street , I am a mercer ; Mary Smith came into my shop on the 25th of July, early in the morning, about nine o'clock, and asked to see some black lace; my boy shewed her, she asked to have some measured, and while he turned his back to get the yard to measure it, he suspected she stole some lace; she had that however, and paid seven pence halfpenny for it, in the mean time I came into the shop and asked him for some muslin, and she had so much as came to sixpence; she went out of the shop, and my boy told me that he suspected that she stole a card of lace; he ran after her, and brought her back.

THOMAS SLATER sworn.

I am shopman to Mr. Weightman; this woman came into the shop about nine o'clock in the morning, and asked for some lace; I asked her to walk in, and she bought about

a yard and a quarter; I turned round to measure it: and when I turned again I suspected her, she having her hand in her pocket-hole; my master came in, and she had six pennyworth of muslin, and went out, and I told my master, and I went out after her, and overtook her in Pye-corner, and told her my master wanted to speak to her; she said my master might come to her; she came down half way Giltspur-street, and went back again, and went to a house in Pye-corner, and attempted to knock at the door, but did not; and I went to her and followed her down Cock-lane, where I told her what I thought of her; and then she told me she would turn back, and see if master could find any thing on her; with that when I got into Giltspur-street, I went to walk behind her, but she would not let me; so I continued to walk before her, till I got to the New Compter, when there was a woman that came with a basket upon her head, and she appeared to cling close to her side; and just as I came to the corner, she pulled the hand out of her pocket, and threw the lace down in the street, and I picked it up.

GEORGE BARTON sworn.

I took the woman into custody, I was sent for to the shop, and the woman and the lace were both there, and she said she was sorry for it, and acknowledged she had taken it.

(The lace produced and deposed to.)

PRISONER's DEFENCE.

I know nothing of it; I never confessed I took it.

GUILTY . (Aged 21.)

Fined 1 s. and imprisoned one month .

Tried by the London Jury before Mr. COMMON SERJEANT.

Reference Number: t17910914-41

352. JAMES BOUTELL was indicted, for that he, on the 3d of March, in the 16th year of his present Majesty's reign, in the parish of Great Seaford, in the county of Cambridge, did marry one Catherine Watts , widow, and that then afterward, on the 20th of May, in the twenty-eighth year of his present Majesty's reign , in the parish of St. Sepulchre , feloniously did take to wife Elizabeth Vanhagen , spinster , the said Catherine, his former wife, being then living, against the form of the statute, and against the King's peace .

JOHN SCOTT sworn.

I am the parish clerk of Great Shelford, Cambridgeshire; I have my register books here.

Do you know the prisoner? - Right well.

Do you know Catherine Watts ? - Right well, I knew her before she married her first husband, I was present at the marriage ceremony of her wish the prisoner, she had four children by him, one is alive, and three are dead; he left her about four years ago, at this present time she is alive and well.

Prisoner. I was a child when this happened, not above fifteen or sixteen years old.

Court to Scott. Do you know how old he was? - I do not know, I suppose him him about twenty or twenty-one when he married her; she was in tolerable good circumstances, she kept a shop .

Prisoner. Had not she four children, and beholden to the parish; I wonder how that can be good circumstances.

Court to Scott. How was he married? - By banns.

ELIZABETH VANHAGEN sworn.

I became first acquainted with the prisoner about four years ago; I was servant to Mr. Thomas Scofield ; the prisoner was a single man, and said, he never was in a church till he went with me. We were married on the 28th of May, 1788. We lived together till this about these ten weeks past. I have had two children by him; but one has since died for want. When he went,

he said, I should never set sight of him again, as he was going to have another wife. He left me very distressed; I had not above a shilling or two in my pocket. He came, and took the sheets off the bed, and two silver spoons out of my pocket. I walked about afterwards for three weeks or a month, to trace out, if I could find out, where he was.

Prisoner. That good woman knows very well, that I was very much distressed, and I thought to go to sea; and as soon as I got a little money, to come home to her.

Court. What have you to say to the charge? - I liked the girl very well, and did not like the first; and I thought no crime in it.

GUILTY . (Aged 32.)

Fined 1 s. and imprisoned twelve months .

Tried by the London Jury before Mr. COMMON SERJEANT.

Reference Number: t17910914-42

353. MARTHA UPSAM , WILLIAM JONES , and JOHN MONRO , were indicted for feloniously stealing, on the 23d of August , two cotton gowns, value 40 s. nineteen yards of printed cotton, value 30 s. the goods of Thomas Staves , in the dwelling-house of John Jones .

SARAH STAVES sworn.

I live at No. 9, Little George-street, in the Minories ; my husband's name is Thomas Staves , a sugar-baker; I live in Mr. John Jones 's house. I lost two cotton gowns made, and some callico. I know the woman and the man; the woman was a day apprentice ; she had lived with me fourteen or fifteen months. On the 23d of August, she took a gown to No. 29, Cross-lane, on the Monday evening, and delivered it on Tuesday morning; when she came, she said, I must go there to measure a gown and coat of a lady that was on a visit. I went there, and when I came, I found I was not wanted. I came home as soon as I could, and found my place stripped, and Martha Upsam gone, and two gowns made up, and three pieces of callico not made, nineteen yards, I believe, altogether. I went to see where I could find her, and on Wednesday I found her. I went to a public-house in Story-street, in the Borough, and there I met John Monro , and heard him tell the landlady where my things were, and he told me where my things were, and that he was to be married to her that morning. He did not tell this particularly to me, but was telling it to the woman of the house; and he afterwards told me where they were pawned. I went according to his directions, and found the goods pawned at four different pawnbrokers. An acquaintance of mine went with me, and found out three of them; but a fourth we should not have found out, if he had not gone with me, and shewed me the last pawnbroker's himself, or else I should not have found it. He said, he did not know they were my property; he thought they were her own.

Mr. Garrow, Prisoners Counsel. How long had this woman been in your service? About fifteen months.

You know that this case affects her life, if she was guilty, and above fifteen years of age? - She may be under the age of fifteen.

Mrs. Stavers, I believe you made some offers to the father of this young woman, that if he would have paid you the loss, you would think no more of it? - I never did.

Do you know a person in Cree-church-lane? - Yes.

Do you know a person of the name of Hunter in Sugar-loaf-court? - I do.

I would ask you, whether these persons, or either of them, were not authorized by you to mention to the father, that you would give up the prosecution if a certain sum of money was paid? - I was not seen in it.

It certainly was most prudent of you not to be seen in it; but how happened it, that these two persons, or either of them, should apply to the father to make up the loss? - I do not know that any body applied.

Have you never said on this sort to any body - I only said, it was hard I should lose my property.

And in consequence of that, might it not happen that you might say, that if the loss was returned, you would think no more of the prosecution? - I did not say so.

How often did you go to the father's house before she was taken up? - I was twice there.

Did not you offer to the father, that if your goods were restored, you would not prosecute? - I did not, positively.

What did you go for? - I only went to tell her father that my goods were lost, and that his daughter was missing.

MARGARET JONES sworn.

I am wife of John Jones , my husband is a clerk, lives at No. 9, Little George-street, Minories. I was up stairs, putting on my cap, that morning, about ten minutes after her mistress went out, I heard the door flap, and I looked out at the two pair of stairs window, and I saw it was the prisoner, but what she had I cannot tell; I saw the corner of a red handkerchief, but whether it was a bundle or what it was I cannot tell, as her back was to me.

JAMES GOBITAS sworn.

I am beadle of Aldgate Ward, I was sent for to Creechurch-lane, to take the young woman up, on the 25th of August, by one Mr. Hunter; they gave charge of her for robbing Mrs. Stavers, and I took her to the Compter, and there she confessed.

Did you tell her she had better confess? - I did not in the least, she said she was very sorry for what she had done, and cried a good deal.

Mr. Garrow. Quite a young girl is she not? - She is.

After that I went over the water, and apprehended Monro the same day: I went to a public-house in Stoney-lane and sent for him, and he said, when the girl and he were face to face, that he was the occasion of her doing it; as to the boy he was drawn in innocently: Monro came in very willingly, and might have escaped if he pleased, for I gave him leave to go back and put on his clothes.

How came you to take the boy? - I believe he pawned some things.

BRARCH GOFF sworn.

I am a pawnbroker in Red-lion-street, No. 30, Whitechapel; on the 23d of August, Tuesday, about eleven or twelve o'clock, the girl at the bar presented a piece of cotton to me, and I left my master, John Goff , to settle with her, he is my brother; I am sure as to the cotton, and the girl, she brought it in the name of Monro; she had 11 s. for it. (Produced.) I have a gown, which I took in of the boy, of the name of Elizabeth Jones , of Colchester-street, in the fore part of the day: I am confident of the boy, I finished the business with him. (Produced.)

Mr. Garrow. Your master is not here? - He is not.

You did not know the young woman before? - I did not.

You did not lend her the money? - I did not, but she presented it to me into my hand.

Of course you did not take particular notice of her person? - I am certain it is the same.

JONATHAN MURRAY sworn.

I am servant to Mr. Brodie, pawnbroker, Whitechapel; on Tuesday the 23d of August, I took in a gown of the young woman at the bar. (Produced.) I am sure of the person, it was about eleven o'clock in the forenoon.

THOMAS SOWERBY sworn.

I am a pawnbroker, No. 105, Whitechapel, I am a servant to Mr. Windsor; on the 23d of August, I think it was in the forenoon, I took into pledge this cotton gown, of a person who called himself John Jones ; I cannot swear he is the lad. (Produced.)

CHARLOTTE TAYLOR sworn.

I am wife of Mr. Taylor, pawnbroker, Ayliff-street; I took in five yards and a

quarter of cotton of the little boy, on the 23d of August.

(Produced and deposed to by Mrs. Stavers.)

Mrs. Stavers. She never wronged me of a pin's point before this.

MARTHA UPSAM , GUILTY. 39 s . (Aged 15.)

To be privately whipped, and discharged .

WILLIAM JONES , JOHN MONRO ,

NOT GUILTY .

Tried by the London Jury before Mr. COMMON SERJEANT.

Reference Number: t17910914-43

354. JOHN WOOD was indicted for feloniously stealing, on the 25th of July , one cotton gown, value 7 s. one linen handkerchief, value 9 d. one check apron, value 12 d. the goods of Samuel Swaine .

MARY SWAINE sworn.

I am wife to Samuel Swaine , and Mr. Reid lodged at my house; the articles were lost from a lower kitchen under ground, they were washed, and hung up on the line. I lost them the 25th of July, this day eight weeks; I saw them on Sunday night, and they were took away on Monday; I never saw them again except before the magistrate.

JAMES SMITH sworn.

I am a journeyman tallow chandler, on the 25th of July last getting up between five and six o'clock to go to work, I saw two young men in the court, Baylis-court, Bell-yard , where the prosecutor lived; one of them was laying across the iron railing over the kitchen window of the prosecutor, Mrs. Swaine; this was the prisoner's companion, I saw him pull up an handkerchief, and give to the prisoner at the bar.

Was it a linen one? - I do not know. The next thing the young man that was laying across the iron railing caught hold of was a gown by a stick, and get it out, and gave it to John Wood , and John Wood put the gown into his apron that he had on, and tucked his apron round him, and went out of the court. We had to go down stairs before we could come at him, and to go up a bit of a street; we went, and as soon as they saw us one of them ran up Chancery-lane; Wood was standing at a step of a door, tying up the bundle in a handkerchief, in Bell-yard, about one hundred yards from the house, or further. As soon as he saw us he threw his bundle down, and run down Bell-yard into Fleet-street, and ran across into the Temple, and there we took him, and a boy brought the bundle to me in about ten minutes. I am sure it was the same bundle that the prisoner threw down. It was given to Scammel at the justice's; I had it at the justice's; I gave it to the constable, William Smith , when it was given to me by the young man.

JOHN SCAMMELL sworn.

I am a dyer, I was getting up between the hours of five and six in the morning on the 25th of July, Monday. Mr. Smith called to me, and I saw the man laying down on the iron railing, and he took out the gown, I did not see him take any thing else, and he gave it to the prisoner, who put it in his apron, and tucked it round him; we went down and went round, and saw them both at Mr. Brodie's door in Bell-yard. When the prisoner saw us he threw down the bundle, and ran off; we followed him down Bell-yard, and took him in the Temple; the bundle was brought to us by a boy; the bundle was delivered at this time to me from Mr. Smith's hands, the constable. I produce it now.

As soon as the young man gave them you, did you see what was in it? - I did, Mr. Smith opened it, there was a gown, an handkerchief, a check apron, and a pair of worsted stockings in the bundle.

Did you examine enough of the gown at the time the constable opened it to know that the gown carried before the magistrate was the same gown? - I do; and am certain

it is the same as was before the magistrate. Deposed to.

The prisoner called one witness to his character.

GUILTY . (Aged 16.)

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17910914-44

355. STEPHEN SUFFIELD was indicted for feloniously stealing, on the 3d of September , a pair of silk stockings, value 2 s. 18 d. a pair of cotton stockings, value 2 s. two muslin neckcloths, value 18 d. a linen shirt, value 4 s. a pair of iron buckles, value 6 d. one breast pin, set in silver, value 6 d. the goods of Richard Matthews .

RICHARD MATTHEWS sworn.

I am a journeyman , I am not a housekeeper, I lodge at the Duke of York's Head, Fulwood's-rents, Holborn ; this prisoner was quartered there on the 25th of August. My box was broke open, he slept in the house only five nights; I cannot tell when my box was broke, I was at my box the 4th of September, and I found then what I wanted, and on the 11th I made a thorough search, and missed the things in the indictment. The soldier slept in the same room with me when he slept there; I believe he slept there three or four nights, the landlord says five. I had a search warrant on Monday the 12th, and found him at No. 9, Pye-street, Westminster: I found one pair of silk stockings there, and I found the prisoner in the room, he said he was there quartered; the things were hung up on a line, I gave them to the constable, Moore. and he has kept them ever since. I found some other things at the pawnbrokers, who are here. He told me he had sold one of the shirts to a man. I told him if he would own to the things I would shew him what favour I could.

Court. Then I must hear no more about that.

JOHN MOOR sworn.

I am constable of St. Martin's: on the 12th of September, about three o'clock, Mr. Matthews brought me the warrant to go to Pye-street. I searched the apartments, and found a pair of silk stockings hanging wet on the line; I found nothing more there, but, after I had taken him, I searched his pockets, and found seven duplicates, two of them of some of the same property, and two others of Mr. Matthews's pledging. I went round to the pawnbrokers, to bring them forward to the examination, and then he was committed.

JAMES KEMBLE sworn.

I am a pawnbroker, a servant; I took in this dimity waistcoat, and this fringed muslin neckcloth, of this young woman, Harriott Smith. I took in the waistcoat on the 2d of September, and the neckcloth on the 3d. (Produced.)

JOSEPH TEMPLE sworn.

I am a pawnbroker, a servant; I took this striped muslin neckcloth of Harriott Smith, for 15 d. and a pair of cotton stockings for 6 d. the neckcloth on the 2 d and the stockings on the 7th.

HARRIOTT SMITH sworn.

I am a married woman; the prisoner used to call sometimes to see my husband, and he came to my house about three weeks ago, and asked me to pledge a pair of silk stockings; I did at Mr. Eldredge's, for 9 d. and gave him the money and the ticket into his hand. I pawned also the neckcloth on the 2d of September I think, and I gave him the money and the duplicate.

SARAH WATSON sworn.

I am a single girl, the prisoner came up to me on Monday week, and asked me to wash a pair of silk stockings, which I did, and hung them on the line, and this gentleman came up and owned them, as they were wet; he came up some time before, and he gave me a breast pin, which this gentleman owned; and he came to me two

or three days afterwards, and gave me a duplicate of a neckcloth to make me a couple of caps, if I would fetch it out. I delivered it up at Sir Sampson Wright's.

Another PAWNBROKER sworn.

On the 1st of September Harriott Smith brought a pair of silk stockings and pawned them with me; on the 12th of September the prisoner came and redeemed them.

Court to Matthews. Are these stockings marked? - No, but I know them to be mine, and can swear to them.

PRISONER's DEFENCE.

These things that I gave Harriott Smith to pawn were things sent out of the country from my friends from Yarmouth, in the county of Norfolk.

GUILTY . (Aged 28.)

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17910914-45

356. JOHN PORTSMOUTH was indicted for feloniously stealing, on the 19th of May , a gelding, value 10 l. the property of John Wood , Esq .

(The case was opened by Mr. Garrow.)

JOHN GREGORY sworn.

I am servant to Mr. Wood; on the 19th of May, Thursday night, the stables were broke open, and the gelding was taken away; I saw it again on the 22d of July, in the possession of Mr. Saunders, I knew it again by its marks, his tongue was very much eat off by a cancer; he had a star in his forehead, and I have no doubt but it was the same gelding, for I could not but know it very well, having the care of it for eight years.

ROBERT BOON sworn.

I am likewise a servant of Mr. Wood; I know the black gelding was lost, and I saw it after it was stolen, and am sure it was the same gelding, as lost from Mr. Wood's on the 19th of May.

THOMAS SAUNDERS sworn.

I live in Northampton-street, Clerkenwell; on Friday the 15th of July I first saw the prisoner with this horse in Smithfield-market; I asked him the price of it, and we did not agree at that time; then on the 20th I saw him again at the Horseshoe-inn, Goswell-street; I bought the horse of him then, and I asked him where he lived; he told me he lived at Edmonton; I asked him how long he had had it, and he said, he had had it ever since May, he had had it for two months, and he had worked him.

Did you ask him where he had got him? - He said he bought him at Godalmin fair, I gave him six pounds for it, after that I had some reason to suppose that it was a stolen one, and about two hours and an half after, a friend and I went with me to look for the man I had the gelding of; and after two or three hours search, I found him in Portpool-lane, he was just going into the Green man; I told him I was afraid he had not come honestly by the horse; he said he did: then we went to a public-house, and had a pot of beer together, and after some more talk, he would not confess but what he came honestly by it; so at length I charged the watch with him, and the next morning he was brought before Justice Clarke, the magistrate in Clerkenwell, and he was sent back again for re-examination.

At the time you took him into custody, you had only a general suspicion? - No, only general; at length Mr. Wood came up and swore to the horse, and he was committed for trial.

Prisoner. I never saw him in Smithfield-market.

Saunders. He is the man I saw in Smithfield.

PRISONER's DEFENCE.

Please you my Lord, I bought the horse at Godalmin fair, the Monday before I saw this man.

Court to Saunders. Do you recollect of a certainty that he said he had had it about two months, and that he had it ever since May? - He told me he had, and that he had had him at grass at Edmonton.

Prisoner. I had it booked at the toll-book at Godalmin, and I wrote a letter to the toll-keeper, and he sent me an answer, and I gave the letter to Sir Sampson Wright, before I ever opened it, and Sir Sampson Wright has kept it ever since; I sent my mother to Sir Sampson Wright for it yesterday, but she is not yet come back; I have now nobody here.

GUILTY , Death .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17910914-46

357. JOHN PORTSMOUTH was again indicted for feloniously stealing, on the 10th of May , a gelding, price 10 l. the goods of Philip Smeath .

(The case opened by Mr. Garrow.)

PHILIP SMEATH sworn.

I am a bricklayer , living in Sheperton ; on the 10th of May my stable was broke open, the lock wrenched off, and the bay gelding was stole; I saw it again on the 17th; the horse was just gone seven days, I cannot tell what day of the week, but it was both one day of the week; it was brought home to my own stables again, and Mr. Morris was present with me when I looked at it, and that gelding was the same I lost; the mark is a bay gelding, ball face, a ball eye, and a scar on the off-shoulder, three white legs, rubbed in the mane by the collar.

JOHN NEWBANK sworn.

I was at Waltham-abbey fair on the 14th of May, I saw the prisoner at the bar there, and he had a horse which he offered to me for seven guineas; there was no voucher there for the sale, in consequence of which he and I set out to come to London to find some such person, he said he was waiting in the fair for Mr. Palmer, who was to vouch that he came honestly by it; at last we set out to come to London; I lent him a horse to ride, and another man rode the gelding; he had taken the money, and delivered the gelding to an acquaintance of mine in the horse-dealing line; as we came along we met Palmer, and he said the gelding was his property, and then Portsmouth, the prisoner, returned the money back; I asked him how he came to sell the horse; and he said he was sent there to sell it, that he brought it out of Holborn, and I struck up a new bargain with Palmer, he said he gave five guineas for it, and I and Palmer agreed for six, and took him again into my possession of Palmer; after this I sent him in three or four days time by James Freer , to Brentford fair, to be sold, the very same gelding.

Have you been present with Smeath, and looked at the gelding since? - Yes, and it is the same he brought to Waltham-abbey, and I bought of him there.

CHARLES PALMER sworn.

Upon the 14th of May, I met Newbank and the prisoner coming from Waltham; I claimed the gelding in question, I was coming out of Smithfield-market on the 13th, on Friday, the day before, I saw the prisoner the top of Fleet-lane, with the gelding in question, he asked me eight guineas for it, I bid him six, but bought it for seven without the saddle or bridle; I had some reasons to suppose it was not found, and told him if he would go to Mr. Paterson's, Fleet-lane, I would pay him there; doubts arising about the soundness of it, I told him I would give him five that night, and two the next morning when he brought the vouchers that it was found; he said he was going to Waltham-abbey fair the next day; I told him I should see him in the morning, and would go with him; in the morning I saw him between seven and eight o'clock; I told him I would go for a hackney, and go and ride with him, and when I came back; he had rode away with the horse, he was not where I left him; at night the horse was

put up in the New Inn at the Old Bailey; I had never the horse in my possession, not finding him there, I hired a horse, and went down to Waltham-abbey, and met them coming up to London, and I claimed the gelding, and I sold it at last to Newbank for six guineas.

Did you ask him where he got the gelding? - He said he lived on the western road, somewhere about Staines, that he had bought the gelding some time ago, and now he had no further use for it; he did not tell me how long before he had bought it, nor from whom.

He had the five guineas? - He had.

Was you to try the mare at the fair at Waltham-abbey, to see if it was found? - I was.

For what purpose was you to go to the fair? - I had other business at the fair, in the horse-dealing line, and there I expected to find a voucher, and it was agreed that he was to go to the fair, when he had the five guineas.

Jury. When you lost your gelding, why did not you go immediately to the fair? - I did, as soon as I could; I was down in the Old Bailey about eleven, and I met them coming home between twelve and one.

Court. That was late to go to the fair? - It was, but I had forty horses to look after first: I was then in business with Mr. Gregson, at the Bull and Gate Yard in Holborn, he keeps a repository.

Do you mean to swear upon your oath that you went to have this gelding vouched? - I did; and I told him I would have nothing more to do with it except it was, and he said when he came there, he would vouch it to me.

What is the nature of this vouching? - When a horse is sold and vouched, the voucher is taken to the toll-keeper to prove that the person who sells it came honestly by it.

JAMES FREER sworn.

I am servant to Newbank. I took the gelding to Brentford fair; there it was stopped, and claimed as Mr. Smeath's property. I took it to Mr. Smeath's; I went upon the horse, and he took me home.

PRISONER's DEFENCE.

I understood that Palmer bought stolen horses, and I knew that he had once before of another person, and I sold it to him as a stolen horse, and told him all the particulars, and where it came from; and he said, that the horse had got a ball eye, but he would put the eye out, and crop it, and dock it, so that it should not be known. He did not buy of me in Fleet-lane, but in a private stable. The next morning, I goes to him about seven in the morning, and told him, I was going to Waltham fair; says he, if you will take the horse to the fair, and get it booked, and made safe to me, I will give you half a guinea more. He was to give me seven guineas, and he had given me five guineas in part of payment of the horse, and he was to give me two more on Tuesday; with that I took the horse to the fair; he had his horse ready to go to the fair; and he said, he must go and get his horse shooed first, before he could go; and he sent me to the fair. With that I took the horse to the fair; and I suppose it was near to five o'clock before he came to the fair. As to how I came by the horse, I and another man stole it out of the stable.

GUILTY , Death . (Aged 26.)

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17910914-47

358. THOMAS PLATA and THOMAS COLLISS were indicted for feloniously stealing, on the 11th of April last, two wether sheep, value 50 s. the property of Criss Pooley .

The case opened by Mr. Garrow.

CRISS POOLEY sworn.

I am a butcher , I live in Pentonville; on Monday, the 11th of April, I bought eleven

sheep of Mr. Simon Payne , in Smithfield market, they were Norfolks; seven of them got into the prisoner Plata's flock, as they were driving them home. My sheep were marked with a P. round the face and down the back; I found five of the seven afterwards in Plata's flock, and in the evening I found the other two at the Green Man, in Portpool-lane; they were dressed ready for market, or ready for a butcher's shop to cut up. We found no skin there, I have seen a skin that was one of the two, which Mr. Reed shewed me. The head of one was not taken off, and upon one side the skin and the wool still remained, that was the side where the loop of the P. round the eye; the skin that Reed produced was fitted to it, and made up the whole of the P.

SIMON PAYNE sworn.

On the 11th of April last I sold eleven sheep to Mr. Pooley, he put a letter P. on the back and round the nose. I saw two carcases at the Green Man, Portpool-lane; I saw one skin and only one head, the other was off; Reed produced a skin that fitted that which had the head on, that was one of the sheep that I sold Mr. Pooley, I knew it by a tar brand, which I believe was W. D. between the ear and the shoulder; the sheep belonged to one William Deigo , that is a remarkable place to mark a sheep, the skin exactly fitted, not one sheep in a thousand are so marked. I have no doubt. I have known Plata some years as a drover in the market, I never knew any thing amiss of him myself.

ALEXANDER SMITH sworn.

I am a smith; on Monday, the 11th of April, I was at the Green Man in Portpool-lane, I saw the prisoners there, in company with Malpas, who is not in custody; Plata came in all in a sweat, and said, b - t the bloody Norfolks, I never had so much trouble as I have had to-day. There were a drove of sheep at the door. Colliss said he would toss him for a pint; Plata said he would have a glass of gin; he did so. Malpas and Colliss went out and pulled in two sheep into the passage, and put them backwards into a stable; Plata was in the house at that time; Malpas and Colliss said to Jackson, the landlord, are these the two sheep you bought at Smithfield-market today? Jackson made answer, yes; (I cannot tell whether Plata heard it,) Colliss said marked J. S. Jackson said, yes. I went and looked in backwards about twenty minutes afterwards, and Colliss and Malpas were dressing them. I had often seen Colliss at the Green Man, he was a drover. I saw Plata in the back kitchen, just in the place where they were dressing. Mr. Jackson and his wife are gone away. Plata staid about two minutes after the sheep were dragged in.

What time was this? - About two o'clock, then Plata went away with the rest of his drove.

Prisoner Plata. Were there any sheep there when I was there? - Yes.

Court to Pooley. What time did you go to this house? - About nine o'clock.

MARGARET FORD sworn.

On Monday, the 11th of April, I saw Plata come into Mr. Jackson's, he had a glass of gin, he said bl - t the bloody Norfolks, he could not get them along, having nobody to help him. Jackson was standing at the door, I was coming out, and I saw to be sure two sheep dragged through the passage. I saw Plata at the justice's, he is the man that came in; I know Malpas, he was one that was dragging them in; they were dragged into the stable; about two hours afterwards I saw two sheep hanging up; I went away I believe before Plata. I cannot speak to Colliss, he is so altered if it was him.

WILLIAM RAGSDEN sworn.

I live in Portpool-lane, near the Green Man; on Monday, the 11th of April, I saw a drove of sheep before the Green Man door, I knew it to be a bad house; I saw a man heading the sheep, driving them back, and I saw two sheep pulled in by two different

men; I cannot swear to the prisoners. I spoke to Reed at the door.

JOHN REED sworn.

I was constable, I stood at the Green Man door, I saw Ann Bulgin come out, and I followed her, and took a bundle from her, in which was a sheep-skin. I took her to Justice Triquet, I came back in the evening, and saw this sheep hanging; I produced the skin to Pooley, and it was matched to the head, and it fitted exactly: it was the same skin I had from Bulgin.

Mr. Pooley. Ann Bulgin is not to be found.

Reed. I saw the woman come out of the house.

JAMES DOCKUP sworn.

I am drover, I drive Mr. Pooley's beasts; on the day after the sheep were killed, Plata came to me and asked me if I would do him a favour; I said yes, if it lay in my power; and he said to go up to your master about the sheep that were lost last night; he said he would warrant the sheep should be paid for, and he would warrant me half a guinea for my trouble, to get my master to receive the money; I went to my master and he refused; I was to meet Plata at three o'clock, I saw him, and told him my master would not take the money, and I left him, and he went away.

Prisoner Plata. Did not I say you should have half a guinea as a reward that was offered? - No.

To Pooley. When was he apprehended? - Not till the last day of July session; he surrendered himself.

Had you taken pains to find him? - I advertised five guineas reward.

Jury. Did you offer him half a guinea? - I told him I would satisfy him for his trouble: my sheep got into his drove at Charterhouse-square, I desired him to wait, and he said he would meet me at Clerkenwell-green; I met him there about an hour and an half afterwards, and there were but five instead of seven.

PRISONER PLATA's DEFENCE.

I had got ninety-six sheep in a lot, and Mr. Pooley had five run into my drove; he came up, and I said if he would let his man go with me he should have them; his man went with me, and he met me in Clerkenwell-green, and he wanted to take one that was not his; I heard he had found his sheep, and I met Mr. Pooley in Newgate-street, and he said he was satisfied with my conduct; I saw bills up about me, and I surrendered myself.

Mr. Pooley. I met him in Newgate-street, and he jumped out of a cart, and asked me if I thought he was the man that stole the sheep; I went to the magistrate, and he granted me a warrant, and we could not find him afterwards.

THOMAS SPENCER sworn.

I am a butcher, I have lived with Mr. Harwood ten years, the prisoner Plata worked with him two or three years off and on; and behaved very honest.

BENJAMIN UPWELL sworn.

I work for Mr. Glynn, I never heard any harm of Plata in my life; I was coming out of Smithfield, and I met Mr. Pooley, I cannot tell the day of the month, it was on a Monday; he asked me if those sheep belonged to me; I told him some of them did: he asked me if I would stop them, and I told him I would: Mr. Pooley's man went with us to Clerkenwell-green, and we stopped there, and Mr. Pooley came, and three more people with him, and he took five out of Mr. Harwood's drove, and told them over, and said he was satisfied that there were no more of his sheep in our drove; and he said he would give us a pot of beer next market-day; the boy that was with us was to take Mr. Harwood's sheep to the Small-pox Hospital, Battle-bridge.

Mr. Garrow. Do not you know that they are close together? - The boy had the care of the whole flock; the sheep were near Charter-house-square.

How far was the Green Man in Portpool-lane from Back-hill, where you left

the boy? - It might be about two hundred yards.

How came Plata and you to separate? - I went to Smithfield directly.

You and Plata, and the boy, went all together to Clerkenwell-green? - Yes.

Had not you been to Back hill before Mr. Pooley came to you at Clerkenwell? - No, we had not.

Which way did you go? - Along Cow-cross.

So then from Smithfield bars to Clerkenwell-green, Plata went strait without stopping any where but at the public-house at Clerkenwell-green? - Not to my knowledge.

Had he never been at the Green Man? - I do not know.

You have told us you have known him ten years, and never heard any harm of him before in your life? - Yes.

He has attended Smithfield-market that time? - I do not know, he was on board a ship.

He was a fellow servant, you knew him very well? - I never took notice about missing him.

Do you mean to swear, that for the last ten years you have never missed him out of the service of Mr. Harwood, except when he was on board ship? - I do not know.

Did you never visit him in Newgate? - No, Sir, he might be there for what I know, but I do not know that he was.

Do not you know, or have not you heard, that he was tried here? - I have heard he was tried here, but not for truth; I do not know when he went away, nor I cannot be certain.

Did you see him from the Wednesday till he surrendered in July? - I do not know what day it was he went away, it was the Wednesday.

Prisoner Plata. Gentlemen, the day I went into the Green Man was the day before; please to examine the boy.

Pooley. The man he mentions, my lad, was the person that the prisoner sent to me to tell me he would wait for me on Clerkenwell-green; I do not know where to find him, he has left my service three months.

GEORGE LAW .

Do you know the nature of an oath? - - I do not know what the nature of an oath is, nor never have been told; I am thirteen.

Have you heard what will become of you, if you tell that which is false? - Yes, I shall go to hell.

GEORGE LAW sworn.

I drove Mr. Harwood's sheep to the field from Clerkenwell, I took them to Battle-bridge; I never saw the sheep till I came to Clerkenwell-green.

CHARLES PURDEY sworn.

I have known Collis between four and five years; I am a bricklayer, not a housekeeper.

Prisoner Plata. My Lord, this woman, Margaret Ford came up to the goal, and went on her bended knees, and wished she might be never delivered, if she knew any thing about it, and said, that the constable came and took off a sieve of currants, and said there was five guineas down, and five guineas more on conviction; she said she would have no blood money, for she knew nothing of the matter; I have three witnesses to prove it.

Margaret Ford . What the man says I know nothing of; it is not true, I was not with child.

THOMAS ARNETT sworn.

(The other two ordered out of court.)

I am a sawyer, I came for both the prisoners; they are entire strangers to me.

Mr. Garrow. What do you shake so for? - I cannot help it; I was in a public-house in Leather-lane, last Monday evening; this woman and another man, Smith I believe he is, came in and told the landlord they had been to find a bill against the two prisoners; the woman asked the landlord if she was to have any reward for prosecuting

the two prisoners; she was told that they thought she would, if they were prosecuted; but she said God forbid she should, for she knew nothing of the matter.

Who told her so? - The landlord and the people of the house, and I might when she asked the question; she went towards the bar, and the man Smith came towards the box where I sat, and said, she be damned, she will swear black is white: about two or three minutes after that, I was by the woman herself, and she told me, that this man Smith, was keeping her, what she called in tow, that is, treating her, I suppose, on purpose to make her swear the same that he did; he said the prisoners were both of them dead men, and he would be damned but he would have the reward; that is all I know about it.

Mr. Garrow. (Cross Examination.) This was last Tuesday? - Last Tuesday about four in the evening.

What are you? - A sawyer, I work for Mr. Hobbs, right opposite to this public-house.

You never was in this court before? - Not as a witness.

No, a witness! no; how long was it since you was here? - Six years, eight years, I was tried here.

God bless me! what for pray? - Tried, I was arraigned, there was no witness against me.

What has you arranged for? - A charge of house-breaking.

God bless me! house breaking! so you did not know either of the prisoners at the bar? - Never in my life.

You went into the house promiscuously? - Promiscuously, no; wilfully; it is a house I go into to get my beer.

Who did they say they had been finding a bill against? - Plata and Collis, and another man, they mentioned their names.

And when did you first mention this to any body? - I went to the gaol, and enquired for the prisoners directly, and told them this story.

What is the name of the landlord? - His name is Bewitt, the sign of the Windmill, Leather-lane.

Is six years ago the last time you was in custody? - Yes.

Never in custody since or before? - Not any where.

Where have you been? - At work in different parts of the town; I have been on board a man of war some time, on board the Latona frigate, part of last summer, Albemarle Bertie was the commander.

How long was you in Newgate at that time? - You ask me questions nothing tending to what I come upon.

How long was you in Newgate? - Seven weeks.

How happened that? - It was the long vacation.

Mr. Garrow to Mr. Smith. Now, upon the oath you have taken, is what this man has said, true? - No, and please you; it was half past five before I left the Crown Tavern on Clerkenwell-green; I was at that public-house he speaks of, but it was seven or eight, I did not see him there, I do not know the man, I have seen him in Leather-lane.

Is the account that he has been giving true, in any one part of it? - No.

Court to Margaret Ford. Is this account, true? Nothing but a falsity, as if I was to say .

Did you say that this man was keeping you in ? - No, Sir, I never saw the man before that I know of.

Never you any body that you and God forbid you should do it for reward? - No, I never did it, what was said is absolutely false.

Court to Arnett. You work for Mr. Hobbs now? - Yes, he is a wooder.

How long is it since your mistress was prosecuted and transported? - It is not that Hobbs.

She was the mistress of Mr. Patrick Madan ? - I do not know any thing of it.

THOMAS GRAY sworn.

I work at Mr. Hobbs's: I came as much

for one prisoner as the other; for I heard it of both; I say as this, that I was over the way, getting me a pint of beer, at the Windmill, at four in the afternoon; I heard this man and woman talking about the affair, about persecuting of these people; she said she would not persecute them on no account in the world, in case she thought she could take their life; with that she went out; and I heard this man say, when she was gone out, it was her falseness, for that she would swear away any man's life for the lucre of gain; more than that, he said she would swear that that table was white, which was a wainscot table, and a very dirty one; when she came in again, Smith said to the woman, he would give her 10 l. for her chance, and he would persecute them, and have the reward, even if it was but twopence, for they were all dead men; that is all I have to say.

Mr. Garrow (Cross Examination). Who did they talk about persecuting? - Why these here two prisoners.

What did they call them? - They did not call them by any name, not to me; but they did before, in my hearing; not when he said he would persecute them.

What did he call them before? - Upon my word, I cannot say.

Was it Greenhill and Johnson, are you sure? - No, that is not the name; the one was Plata, the other I cannot remember.

Was it Malpas? - No.

Do you think it may be Colliss? - It may; I believe it was.

Who was there? - Mr. Arnett was there, and one Mr. Ball.

How long have you been acquainted with Mr. Arnett? - I believe about six weeks, to the best of my knowledge; he lodges at the Windmill, and saw for Mr. Hobbs; the landlord's name is Blewitt, or some such name; the landlord was not present then; Arnett and me, and Ball, were there.

Pray, Mr. Gray, what way of life are you in, if it is not an impertinent question? - I am a porter there, at Mr. Hobbs's.

Where is Mrs. Hobbs now? - I never knew any thing of her.

Oh, dear me! why she is gone abroad lately. Where did you live before? - I know nothing about that; I lived, the last place, at Mr. Flintoff's, in Smithfield, the end of Long-lane; and I lived at Mr. Fleming's, in Chandos-street; he is an upholsterer and cabinet-maker.

When was you here last? - I never was in this room before but once to-day.

How came the prisoner to know that you knew all this? - I do not know; some gentlewoman came to me; I have not mentioned it to any body; I spoke it to my young master, that I would come, young John Hobbs .

Was not Arnett in Newgate before to your knowledge? - I believe he never was there.

You believe he never was? - I dare swear it.

Upon your oath, do not you know that he was, that he was tried at this bar for burglary? - What, Thomas Arnett !

Yes, Sir, Thomas Arnett . - Upon my oath, to the best of my knowledge, I know nothing of it; I never heard it; I have no reason at all to believe it; what I say to you I speak true; I never heard it from him, nor any man else.

How long is it since you worked at Mr. Flintoff's? - The last time it was seven weeks.

Mr. Smith and Mrs. Ford. There is no truth in this; it was half past five before we came from Hicks's-hall.

JAMES BALL sworn.

I am a sawyer, a journeyman; I work for Mr. Hobbs, in Leather-lane.

Which of the prisoners do you come for? - Both of them. I heard this young man and this woman, last Tuesday, about half after four o'clock; I came into the Windmill, in Leather-lane; these two people were sitting together; they first of all called the landlord of the house to them, and this young man asked what they should have a day for trouble; to prosecute two prisoners, suppose they were cast for death, and the landlord told them he did not know; this

man, Thomas Arnett , said, what are you talking about? and they told him it was concerning some sheep-stealing from the Green-man, in Portpool-lane; so Arnett said something to them, and this woman lifted up her hands, and said, if she thought she should swear their lives away, she would keep out of the way; says the man, you need not be afraid of going, for they are sure to be dead men, as sure as we go, and I will give you 10 l. for your chance, and I will take the thing upon myself: directly this woman goes to the door, and this Thomas Arnett went to the door and spoke to her; what they said, I cannot say; I was sitting upon the top of the table, in the tap-room; and this young man said, says he, as to what she says about swearing does not signify a farthing, for she would swear that that was white, which was a dark table.

Mr. Garrow (Cross Examination). You work for Mr. Hobbs? - Yes.

This was watering-time, so that you are sure to the time? - It might be a little before four, or a little after.

Not a quarter of an hour either way; it is what you call watering-time? - Yes, what we call our tippling time.

They did not mention the names of the prisoners? - After they mentioned the names of the people, that is, after we mentioned this story, we made it our business, that is, Arnett did, to go to the bar, and write down these names; their names were Plata, Colliss, I think, and Malpas.

You did not ask the landlord to write it down for you? - No, Arnett wrote it himself at the bar.

Have you seen that paper to-day? - Yes, I saw it this morning.

Who shewed it you? - Arnett, of course.

Mr. Garrow to Arnett. Let us look at it.

(Handed to him.)

Ball. I have worked for Mr. Hobbs five weeks last Monday; I have known Mr. Arnett, off and on, I suppose, these four years.

You did not know him when he was in Newgate? - I never knew he was there.

Mr. Garrow to Smith. Is there a word of truth in what this man has been swearing? - No, Sir.

Mrs. Ford. There is no truth in it; for we were not from Hicks's-hall till half after five.

Court to Pooley. You was with Smith and Ford at the Sessions-house? - To the best of my knowledge, it was past five.

What time did you leave the Sessions-house? - A little after four; then we went to Mr. Bilson's, the Crown; there we continued, I suppose, till half after five; I am sure it was past five before I parted with these people.

From the time that you left the Grand-Jury room, till you parted with them at half past five, had Smith and Ford been ever out of your company? - No.

Court to Smith. If I understand you right, you do not deny that you was in the public-house that day? - I was in the public-house, at seven o'clock, which they mentioned, the Windmill.

Do you mean to say, being at the public-house at seven o'clock, that none of those witnesses that have been speaking were in that room? - No.

Are you sure they were not in the room? - Yes, I am sure.

Can you venture to swear that no such people were in the room? - Yes.

Was you there any time before seven? - No, only once all the day.

And you mean, as far as you can swear, that you have no recollection that any of those witnesses were in that house? - No, not that day; I have seen that man, Arnett, before, but not the rest; I have seen him in that public-house, the Windmill, but he never spoke two words to me.

How far is the Windmill from Clerkenwell-green? - A quarter of a mile.

Court. Was you there before you went to Clerkenwell? - No, that was the first time I was in that house all that day.

Was that the only time you was in the house that day? - Yes, that was seven o'clock.

Court to Mrs. Ford. Was you with Smith at the public-house? - Yes, I was.

Was Arnett, or any of the witnesses, there at that time? - Not to my knowledge; they were not in our company; there was no other person in our company; we might be there half an hour; we had a pint of beer, that was all; I do not recollect that any body else was there besides the landlord, or somebody belonging to the house; it was seven o'clock when we were there, and that was the only time we were there; I never was there, except that evening at seven, and since this affair happened: I have known the house a great while; it is not a great way from us.

Did you see these witnesses in the house that day? - Not to my knowledge; I have seen Arnett backwards and forwards.

Have you ever seen him in that public-house? - No, not to my knowledge.

Court. Had you been at Hicks's-hall before you came to the Windmill? - Yes, we had been there, and staid there with Mr. Payne and Mr. Pooley; we had been examined, and then we went to the Windmill.

Court to Payne. You attended on Tuesday, with these witnesses, before the Grand Jury? - I did.

At what time was the bill presented? - I cannot recollect; but, to the best of my remembrance, it was about four o'clock; after I had been called in, I went to the Crown; we went together.

Did these people continue with you while you were at the Crown? - I took no notice of them; I was the second person that was called, and these witnesses were to go in after me, and I waited for them; they were not out of my sight at all, except while I was in the Grand-Jury room.

Was Read the constable with you likewise? - Yes.

Court. Did you go with either of these witnesses to the Windmill? - No; I do not know where the Windmill is.

Where did you meet together before you went to Hicks's-hall? - At this public-house, at the Crown, Bilson's.

Mr. Garrow to Read. You went before the Grand Jury? - Yes, I met the other witnesses at the Crown.

What time? - I do not know; about ten in the morning: it was past four when I was called in; I was the last but one that was called in.

From ten, the time you went, till you was called to the Grand Jury, were Smith and Ford in your company? - Yes, they were, all the time; we went back to the Crown from the Grand Jury; I suppose they might continue in my company some time after.

Can you be sure to the time? - It was certainly past five.

THOMAS COLLIS , (Aged 42) THOMAS PLATA , (Aged 22)

GUILTY , Death .

Tried by the second Middlesex Jury before Mr. RECORDER.

*** Thomas Arnett , Thomas Gray , and James Ball , were committed by the Court to take their Trials for Perjury.

Reference Number: t17910914-48

359. JAMES POE and ANN TRIBBETT were indicted for feloniously stealing, on the 13th of July , one pair of linen shoes, value 5 s. the goods of Charles Shepherd ; and a linen shift, value 10 d. the goods of Betty Wright .

(The case opened by Mr. Garrow.)

EDWARD KENDAL sworn.

I am a constable; I was sent for in the morning, I believe, of the 3d of July, to take this man, and one woman; I found one of them in bed, the man, and the woman was standing by the bedside, shelling of peas; they were at the Red-lion, Islington; I saw the shoes taken out of the prisoner Poe's pocket, from a coat which hung up by the bedside against the wall, and they were claimed by Mr. Shepherd; says he, I will swear to these shoes, I have worn them some time; the prisoner put on the coat, and walked with it to the cage: I ordered

him up, and asked him about the girl's shift; he declared he knew nothing about it; I told Simmons to examine the bed, and he turned down the bolster of the bed, and there lay the shift that was claimed by Betty Wright : they were secured, and given into the hands of the constable, Richard Richards .

WILLIAM SIMMONS sworn.

I live at the Castle, Islington: Betty Wright is a servant of mine: on the 3d of July, the prisoners at the bar came to my house, and they might be there an hour, or an hour and half: after they were gone, these things were missed from the back room; they were pursued, and found the next morning at the Red-lion; the shoes belong to one Shepherd, and the shift to Betty Wright ; I went with Mr. Kendal, and took the shoes out of the man's pocket, and the shift from between the bed and bolster.

WILLIAM HACHFORD sworn.

I am a magistrate in the neighbourhood of Islington; I have here the original examination; I only asked them what they had to say.

(The examination read, as follows:)

The examination of James Poe and Ann Tribbet , for robbing Betty Wright , taken before me, one of his Majesty's justices of the peace for the county of Middlesex: James Poe says he knows nothing of the shift's being taken, or how it came under his bolster; and she, the said Ann Tribbett , confesses that she was in liquor, and took the shift, and is sorry for it; that she and James Poe have cohabited together for some time.

Signed by their mark.

There is nothing said about the shoes? - The man would not swear to the shoes.

BETTY WRIGHT sworn.

I am a servant to Mr. Simmons; I left a shift in the back room, in a basket; I lost it; I saw it about six in the evening, and missed it about ten; the two prisoners at the bar came to the house about four or five in the afternoon; they did not go away till about nine; and about an hour after they were gone, I missed them.

Did you see a shift that was produced to you by Richards? - I did.

Was that the same you lost? - It was.

RICHARD RICHARDS sworn.

I produce the shoes and shift; they have been in my possession ever since I found them.

(Produced, and the shift deposed to by Betty Wright .)

CHARLES SHEPHERD sworn.

I gave these shoes to Mr. Simmons's boy to brush over with the blacking-brush; I lost them.

Are those the shoes you claimed at the constable's? - I cannot positively swear to them.

Can you read? - I cannot.

You was present when these people were taken up at the Red-lion? - I was.

Did you see any shoes found? - I did.

What did you say? - I could not positively swear to them, but I thought they were mine.

Were yours shoes or pumps you lost? - Pumps.

And your name in them? - I cannot read.

Mr. Garrow. I only want to let the jury know what sort of a fellow this is; he knows them well enough, but he does not choose to know them.

PRISONER POE's DEFENCE.

I am very innocent; I know not how the shoes came into my pocket; God Almighty knows, I cannot say; I went to bed that night, and the next morning the constable came up into my room, and charged me with these things; but I know no more how they came there than a child unborn.

PRISONER TRIBBETT.

I am as innocent of it as a child unborn.

(The prisoner called one witness to his character.)

JAMES POE (Aged 49), GUILTY .

Whipped , and imprisoned six months .

ANN TRIBBETT (Aged 32), GUILTY .

Fined 1 s. and imprisoned six months .

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

Reference Number: t17910914-49

360. THOMAS SHIELDS was indicted for stealing some books, value 10 s. the property of Thomas Cadell .

WILLIAM DAVIS sworn.

Mr. Cadell is a bookseller , and lives in the Strand ; I am his clerk; I found some of the copies mentioned in the indictment had been offered to sale; that which I discovered was Whitlock on the King's Writ: I examined the warehouse where that book was kept, and discovered it had been robbed; I knew none of the copies had been sold; I then went to a man whose name is Yardley, by this Yardley I was referred to a pork shop in Clare-market, where he bought them; his name is Shum; I asked him where he got these books; he told me he had got them of a man who frequently brought him bundles; he particularly described the person; I cannot state any particular time of the taking away any of the articles, except Banyer's Mythology; I recollected that article was in a dark corner of the warehouse, and it was not likely that any thief would have gone to that corner for these boxes, placed before that article; there was also a window that looked into a yard; I thought it adviseable not to apprehend the prisoner till the porkman had seen him; I sent for Shum; he came to our shop; and while standing there, the prisoner passed by; I pointed to him, and Shum said he was the man.

Mr. Knowlys, Prisoner's Counsel. This man was not employed by Mr. Cadell? - No.

Have you any porters employed in your shop? - Many: I went and examined the window; I found it covered with boards, which were quite loose; they could be removed very easily; there were two iron bars across the window; there was room for the prisoner to enter; I think some of the parcels must have been drawn through, as I discovered a rusty nail with a bit of brown paper on it.

- SHUM sworn.

I live in Haughton-street, Clare-market; I keep a pork-shop, and buy a great quantity of waste paper; I have bought a great deal of the prisoner; I gave him twopence-halfpenny per pound; I have one parcel here. (Produced.) I bought them the night before he was taken up.

Davis. I think this parcel is the property of Mr. Cadell; I have no doubt of it myself; they were tied up precisely as they are now; they were not sold, on account of being stained.

- DESBOROUGH sworn.

I have but little to say; I know nothing at all; I live in a house next to Mr. Cadell's; I saw the prisoner take a bag out one morning, but I do not know the contents of the bag: what I have said, I have said; and what I have swore to, I have swore to.

THOMAS DESBOROUGH sworn.

I lodge at the prisoner's house; I know nothing of the business.

For the Prisoner.

GEORGE WYLD sworn.

I live in Somerset-house yard; I am a carpenter; I have known the prisoner seven years; he was a waterman in the first part of my knowledge; since that, he has worked for me as a painter; he is very honest.

DUNCAN CAMPBELL sworn.

He is an honest man; I have known him two years.

THOMAS LINGHAM sworn.

I have known the prisoner thirty years; he is a very honest man.

SAMUEL STIMPSON sworn.

I never heard any thing wrong of him, I have known him five years.

WILLIAM JENNINGS sworn.

I have known him ten years, he has always borne a very good character.

GUILTY . (Aged 31.)

Whipped , and imprisoned six months .

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

Reference Number: t17910914-50

361. ANN ATKINSON was indicted for stealing, on the 27th of July , in the parish of St. Andrew, Holborn, five pewter quart pots, value 5 s. and four pewter pint pots, value 2 s. the goods of John Sparrow .

JOHN SPARROW sworn.

I keep the Red Lion, in Holborn ; I sent my boy out on the 27th of July, to get in pots, there was an alarm that he had lost his pots; this old woman was brought to my house, and the pots taken from her.

JOHN EASY sworn.

I am a coach-harness-maker, I was going past the prosecutor's house, a man told me there was a woman with a parcel of pots under her petticoats, I followed her down Red-lion-street, I asked her what she had got under her petticoats? she immediately dropt the pots.

JOHN JAMES sworn.

I am servant to Sparrow, my master sent me out between nine and ten on the 27th of July, to get in my pots; I laid down some to go and look for some others, and when I returned the pots were gone.

PRISONER's DEFENCE.

I was sent for a pound of beef-stakes, I had sixpence in my hand, and the man asked me what I would give him? I said, give you! why nothing. He then laid hold of me, and said I want a c - , you old bitch, and I will have it out of you.

GUILTY .

Finid 1 s. and imprisoned six months .

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

Reference Number: t17910914-51

362. JAMES BUTTERS and JOSEPH SCOTT were indicted for feloniously stealing, on the 29th day of July , two pair of silver plated shoe-buckles, value 10 s. the goods of John Davis .

RUTH SMITH sworn.

I am shop-woman to Mr. Davis, he is a buckle-maker ; the prisoners came into the shop about eleven o'clock in the morning, they looked at some buckles, but did not buy any, but one of them had a pair in his hand secreted, they were plated; I took them from him, and then they both went out; after they were gone I missed a pair of plated shoe buckles, and soon after the constable brought the same buckles back which I had missed. I did not see them take them. The prisoner Butters was the only person who wanted to buy, there was no person in the shop with me; I did not follow them. They both came together into the shop.

ISAAC BUCHARA sworn.

On the 29th of July I saw the two prisoners look into and go into several shops; I suspected them, I followed them as far as the 'Change, there I seized them, coming out of a silversmith's shop; I seized them, and on searching them I found these buckles. (Produces a pair of buckles.) I found them on Butters, concealed in his breeches, and also a silver mounted pair of spectacles.

Ruth Smith deposes to the buckles.

PRISONER BUTTERS' DEFENCE.

I had been ordered to go to Wapping, I came to the 'Change, and there I saw a Jew, of whom I purchased these buckles.

PRISONER SCOTT's DEFENCE.

I know nothing about it.

JAMES BUTTERS , JOSEPH SCOTT ,

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. COMMON SERJEANT.

Reference Number: t17910914-52

363. TIMOTHY BURT was indicted for stealing, on the 27th of August , twenty yards of black silk ribbon, value 5 s. the property of John Tagg , George Goodger , and William Standridge .

JOHN TAGG sworn.

I live in Wood-street . Mr. George Goodger and William Standridge are my partners. This man lived with us fifteen months, about two months prior to this, my partner was rendered uneasy. My partner was going out of town, I suspected the prisoner from his caution. I desired my apprentices to watch the prisoner; the 27th he stayed out all night; I went up to his box, and, with the constable, searched his box; we all went up stairs together; I desired the prisoner to open his box, it was locked; he opened it, and in taking it out we found several blocks, we found four parts of half pieces of ribbon, which he confessed were our property; I had not made him any promises. During the time he lived with us I had a very high opinion of him; he said they were our property, but he had never taken any thing else.

- HOPPER sworn.

I am an apprentice to the prosecutor, on the night on which he, the prisoner, slept out, I, on passing his room door in the morning, saw his box open, I looked into and saw several blocks; I acquainted the prosecutor as soon as he came to town, and he was apprehended.

CHARLES FLETCHER sworn.

I searched the prisoner's box, and found some ribbon. (Produces them.)

Prosecutor. I cannot swear to them.

PHILIP SHEBOTT sworn.

The prisoner lived with me two years from March 1788, to March 1790; during the time he lived with me he was sober, honest, and punctual.

GUILTY .

Recommended by the Jury on account of his former good character.

Privately whipped, and discharged .

Tried by the London Jury before Mr. COMMON SERJEANT.

Reference Number: t17910914-53

364. ANN BURTON was indicted for feloniously stealing, on the 12th of September , one linen sheet, value 2 s. the goods of Thomas Fortener .

- FORTENER sworn.

I am wife of Thomas Fortener , I lost a sheet out of a box at my own room, I saw it a week before, I found it upon the prisoner, she was a lodger, she lodged in the first floor; I found it the 12th of this month; I lost a great many things before I had a suspicion of it, and I went down to acquaint the landlord of it, and I see her go out with something under her cloak; my son followed her, and Francis Largly .

Court. How old is the prisoner, do you know? - Twenty-seven years of age.

FRANCIS LARGLY sworn.

I pursued the prisoner at the bar by my own choice last Monday was a week, the 12th, and I found this sheet upon her, about eleven o'clock in the morning.

(Produced and deposed to by the prosecutor by the mark F.)

PRISONER's DEFENCE.

It is my own sheet, I bought it of a woman that goes about the street, selling shirts,

sheets, and any thing; I had bought it about three weeks.

GUILTY , (Aged 27.)

Imprisoned six months , and fined 1 s .

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

Reference Number: t17910914-54

365. SUSANNAH DRAYTON was indicted for feloniously stealing, on the 27th of July , twenty-eight yards of printed callico, value 20 s. the goods of Thomas More .

THOMAS MORE sworn.

I know that I lost the callico, and that it is my mark.

RICHARD BIRKITT sworn.

I am servant to Mr. More, linen-draper , Oxford-street ; on the 27th of July I was in the shop, the servant with me, Sarah Hobbs came in and told me that a person had taken a piece off the box at the door; she described the person to us, and told us which way she went; we went in pursuit, Thomas Tindal and me, of her, and overtook her; the person was the prisoner, she gave a piece of printed callico to Thomas Tindal .

THOMAS TINDAL sworn.

I was before Birkitt in the pursuit of the prisoner, we run out together, and I overtook the prisoner first, and she gave me this It has Mr. More's mark upon it.

(Produced and deposed to by Mr. More.)

Mr. More. It has my mark upon it, it had not been in my shop above three days, I had not seen it in my shop that day, for I was out of town.

PRISONER's DEFENCE.

I was going by the door at the very same time, a young fellow was standing at the door, and he asked me to take the bundle for him to Oxford-road, and he told me he would pay me for my trouble; I turned up Newman-street, and his young man here followed me, and asked me for the bundle, and I gave it him, and the servant maid when I came back asked me where the young man was? I told her I did not know; she asked me if I knew him, I told her I did not.

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

GUILTY , (Aged 19.)

Privately whipped .

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

Reference Number: t17910914-55

366. ELIZABETH HYDE was indicted for feloniously stealing, on the 15th of September , a man's cloth coat, value 15 s. two waistcoats, value 5 s. a pair of man's leather gloves, value 6 d. and one key, value 2 d. the goods of Thomas Walker .

THOMAS WALKER sworn.

I am a hair-dresser at Highgate; I had an acquaintance came up to Highgate on Sunday the 4th of September, and I went home with him; coming along we called at the sign of the Adam and Eve, and had some Burton, being rather in liquor I came with my acquaintance to the bottom of Tottenham-court-road, and had some liquor there: I was returning home, and as I was going along I met with the prisoner at the bar, as it was dark I did not rightly see her, being in liquor; however, being persuaded by her, I went home to her at No. 5, Tumble-street, Tottenham-court-road , just at the bottom, and I was there from about ten o'clock till four o'clock in the morning, and there was no other person in the room but the prisoner at the bar; at this time I missed my coat, two waistcoats, one pair of gloves, and a key, which was the key of the room. I immediately got

up and went to the watchman, and he came with me and searched the premises. We found nothing, and I went home to Highgate without coat or waistcoat; I let it be then, and never took no notice of it till next Monday se'nnight following, I went then to the same apartment, and caught the prisoner in the room; the prisoner I believe was in bed, she got up, and went with me to the public-house very readily; she had been there about a quarter of an hour, and she confessed she was the person that took the things, and where they were pawned, at Mr. Lane's, in Holborn. I went to Lane's with an order, and there I found them; she said she had tore the duplicates all to pieces.

ALEXANDER LANE sworn.

I am a pawnbroker, I took a coat and two waistcoats of Elizabeth Wilson , (I now produce them); Elizabeth Wilson is a customer of ours, she pawned them with me for one guinea. (Produced and deposed to.)

Who is Elizabeth Wilson ? - She is a person who hath pledged things often at my shop.

Is she a married woman? - Yes.

Did you ask her how she came by them? - I did not, as I had known her for some years, and she had before brought such things.

PRISONER's DEFENCE.

I pledged these things myself, and the prosecutor promised me, upon his oath, he would not trouble me in the least if I would own to it, and after I had owned to it he told me he would not hurt an hair on my head.

Court. Is that true? - Please you, my lord, I told her I would be as favourable as I could to her.

Did she tell you they were at Lane's? - Yes.

Prisoner. I have no witness but myself.

GUILTY . (Aged 34.)

Fined 1 s. and imprisoned twelve months .

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

Reference Number: t17910914-56

367. ANN THOMAS was indicted for feloniously stealing, on the 22d of August , one copper saucepan, value 6 d. a tin saucepan, value 1 d. one iron hammer, with a wooden handle, value 1 d. an iron fire shovel, value 4 d. a poker, value 4 d. a flat iron, value 4 d. the goods of Richard Chard .

RICHARD CHARD sworn.

I am a lamplighter , I keep a house; I did not see the things taken, but they were taken from the kitchen, I saw them the night before; I stopt the prisoner, I stopt her on the middle of the kitchen stairs, and she had all the articles in the indictment about her, a copper saucepan, a tin saucepan, and an iron hammer in a basket, which she held in her hand. She asked me to go down stairs, and I took the basket from her, and kept the things that were in the basket from that time to this. (Produced and deposed to them.)

Did you find they were missing from the kitchen? - Yes.

When you met her on the stair case, was she going up or down? - She was coming up.

Prisoner. Did you bring these things to the justice? - I did.

Prisoner. You did not, you only brought a shovel and poker.

SARAH CHARD sworn.

My husband calls out to me, and says, Sally, Sally, what has the woman got, do you know these things? I came and I saw her coming up stairs with the basket, and these things in it. She asked my husband to let her go down stairs; I followed her down into the kitchen, and she had a shovel and poker, putting them out of her hand, and the flat iron dropped from under her petticoats directly after. I missed every article I found upon.

PRISONER's DEFENCE.

I know nothing at all about it.

GUILTY . (Aged 64.)

Fined one shilling , and imprisoned one month .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17910914-57

368. THOMAS EASTHOP was indicted for stealing, on the 1st of September , eight wether sheep, value 8 l. the property of Joseph Sellon .

The case opened by Mr. Garrow.

MARTIN BENNETT sworn.

I am servant to Mr. Joseph Sellon . On Thursday, the 1st of September, I saw his flock in the field safe at five in the afternoon. I went into the field to bring home some lame sheep to dress; I saw no person in the field at that time; I turned the sheep into the house, and dressed them in their feet, and drove them back to the field between five and six. To the best of my knowledge there were 43 in that lot; then I went into another field to look after the rest of the flock. As soon as I entered the second field, I discovered a man lying by the ditch side; I observed him; I went down half-way in the field to ask him what brought him there; when I got down about half the field, he arose from the ditch; there was a stile and a path; he appeared to avoid me; I took a short cut, and met him; when he could not avoid me, he asked which was his way to the Harp, a public house; I directed him to it; he went over the gate as I directed him, but turned, and took a direct contrary way; that man was the prisoner; I am sure of him; I have not the least doubt but that is the man. I saw no more of him that day; I believe it might be between five and six in the evening. About eight I counted my flock, and they were all safe. I saw them again about eight in the morning, I missed eight Lincolnshire wether sheep, marked J. S. the initial letters of Mr. Sellon's name; I marked them; it was a brand mark. I went to Bow-street on Saturday, and then with Crocker to the prisoner's house; I think it was about one, to the best of my knowledge; he lives in Sommers Town, and keeps a butcher's shop; it is about four miles or more from where the sheep were lost. The prisoner was not at home; we were waiting at the public-house; the prisoner passed by, and I shewed him to Crocker as the man that had been in the field, and that I suspected him taking the sheep; I immediately recollected him as such. The constable went out after him, and they two came down, and I saw them go into the prisoner's house, and I went with them to the prisoner's house. There we found a quantity of mutton; three legs, a loin, and a side, but no whole carcases; there were not so many joints as would make a carcase; that was all the mutton we could see. The constable shewed him the search warrant, and asked him where he got the mutton; he refused to tell him; he said, what odds does it make to you where I got it? The constable said, if he would not tell him where he got that mutton, he would take him into custody; that if he bought it at a fair market, he need not be ashamed to tell him; that if he would mention where, he would send a man to enquire. He said, it was nothing to him where he bought it. Then the constable called on me, and we went into his back yard; there we saw something like a sack with something under it; there were under it four paunches, and one skin under it; which skin I opened out, and it was branded with Mr. Sellon's brand; I am sure it was the skin of one of those that were taken away; I have not the least doubt. The constable searched for them. Then the constable opened a door out of the yard, like a little wash-house, there was a fifth paunch behind a tub, and in the tub four skins, making five paunches and five skins. I examined the marks of them; they were all the same marks; I am sure they were all Mr. Sellon's skins, I have not the least doubt. The constable noticed the back window of the parlour made fast, the shutters up, and I believe nailed; it was a very small yard. We came into the house, and demanded the key of the parlour of the prisoner, which we got with some difficulty; we asked him numbers of times; they said, both the prisoner and his wife, I will not give it; that the prisoner repeated more than once, and the wife in his presence. At length one of them gave the key, the constable unlocked

the door, I went in, and found three sheep alive, with the same brand mark; I can swear positively they were three that Mr. Sellon lost. I had a further mark on one that was alive; on the rump of it there was a large scab; it produces no wool, part on the rump, and part on the tail; that I observed at the time they were bought and brought home, I observed that particular mark.

That applies only to one? - There were some bits of beef besides, and some lamb, but that I took very little notice of.

Mr. Knowlys, Prisoner's Counsel. The man you believe to be the prisoner you saw between five and six? - Yes.

And you lost sight of him from that time? - I did.

About eight you counted your flock, and they were all right? - Yes.

It was not till eight o'clock the next morning that you were enabled to ascertain whether you had lost any or not? - No.

The prisoner keeps a butcher's shop? - He did then.

The mutton you saw there was in a good state for butcher's meat? - Yes.

Such meat as butchers would buy? - Yes.

Mr. Garrow. What condition were your sheep in? - Very good condition.

They were in a condition that would very likely produce such mutton? - Yes.

HENRY CROCKER sworn.

I am one of the officers of Bow-street, and captain of one of the patroles; in consequence of a warrant from Bow-street, I went with the last witness, Mr. Bennett, to the public-house, and I saw a person pass me whom I did not know; Bennet pointed him out to me, or else it was another butcher said, that is the man: in consequence of that I followed him with another man up the street, I saw him go into another public-house; he was standing at a table, I called him out of the tap-room into a back parlour, I told him he must go home with me to his own house, he seemed to be very much astonished, he wanted to know for what; I did not say much, I did not tell him at that time, I said, I shall not expose you, go home with me, but go and drink your porter; he drank his porter, and came out with me and two others; going along he asked me what I wanted with him to go home; I then told him it was on suspicion of sheep-stealing; I cannot say what he said: when we came to the prisoner's house, Bennett followed me, and I saw some mutton hanging up in the shop; I asked him where he bought that mutton; I believe he said, am I obliged to tell you? I said no honest man, no tradesman would be ashamed to say where he bought his meat; will you, or will you not tell me? he said either, I will not, or I do not chuse; I saw a parlour-door, but would not open it, I demanded the key, that was before I went into the yard, I threatened to break it open, I did not get the key, I said to Sheppard, come with me; I ordered the man to be secured, and in the yard I found one sheepskin, I laid hold of it and spread it, there was a brand mark of J. S. Bennett said it was his master's; I then went into a little place like a washhouse, and in a tub there were four more skins, which Bennett said were his master's, and I believe there were five paunches; I saw a window, and I tried it, and it was fastened; I said immediately to Bennett, there is some of the live sheep here; I immediately went round into the house again, and demanded the key, or I would break open the door; the wife gave me the key; on opening that parlour-door I found three live sheep, they had the same brand mark, which made eight skins of that mark; I found no other live sheep there, nor any other skins; as soon as I went into the house again, to demand that key, I said I am sure there are some of the live sheep there; the prisoner said, yes, there are three.

Mr. Garrow. He had not given you that information before, that there were live sheep there? - No.

Your observation was, there are some of the live sheep there? - Yes; he said there were three.

You had called out to the man in whose custody you had left him, to take care of him, for you had found the skins? - Yes, I had.

Mr. Knowlys. The shop had the appearance of a butcher's shop? - Yes, there was mutton, and lamb, and beef.

The mutton was such as a butcher might sell with credit? - Yes.

Mr. Garrow. The skins were not in a condition to be produced in court? - I brought them to Bow-street, and they were a nuisance.

PRISONER's DEFENCE.

I am as innocent as any man in the world of depriving my prosecutor of his property, I knew not my way where that gentleman tells you he saw me, I was lost, I met the bailiff, and endeavoured to gain intelligence of him; I had business with Mr. Bell, who was not at home, I went to Hendon, to buy a cart for my use, but being full of customers I returned home, and about ten minutes past ten, a man that I had bought many pounds worth of goods from, came up and called me by my name; I thought I knew his face, I went down to the door, and it was a person that goes by the name of Joe, he fells a deal of goods in Smithfield, but does not employ a proper salesman, and always takes his money himself; he told me he had eight sheep, and would be glad I would buy them of him; I told him it was late in the evening, I could not think any thing about buying them, nor should I know the value; he called me by my name again, and said as they were lame with travelling, he would turn them into my premises, I might kill them at my leisure, he would leave the price entirely to me, and call again the first market-day he came to Smithfield; him and his boy went away, I had not the least idea in the world of their being stolen goods, I killed part of them, the skins were ready to go to the salesman when this gentleman came; Innocent as I was about the matter, I knew nothing about the business, I had not a better place to keep them in than in the little place, a place out of repair; the rest I meant to keep for a future time, for I had not the least idea in the world of their being stolen: I was taken into custody before the man came for the account.

The prisoner called seven witnesses to his character.

GUILTY , Death .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17910914-58

369. MARY SMITH was indicted for feloniously stealing, on the 21st of July , a silver watch, value 21 s. one metal seal, value 18 d. a base metal watch-key, value 2 d. a linen handkerchief, value 10 d. the goods of Thomas Hall , privily from his person .

(The witnesses examined separate.)

THOMAS HALL sworn.

I am a coach joiner , Oxford-street; on the 22d of July last, I believe at a quarter past twelve at night, coming up the Haymarket, this woman asked me for something to drink, which at first I refused; but to get rid of her, I went with her, and gave her a glass at the bar; I went into no private room, I believe it was a glass of brandy, or it might be gin, I cannot say positively; I went to the bottom of the street, Richmond-street , I believe it goes into Wardour-street, I thought of going home through Wardour-street, and I felt her hand in my pocket, and I thought I felt my watch go, but was not certain directly, for she pushed me about; I went back with her to the bottom of the street, thinking I had lost my watch, till I came to the watchman at the corner of the street, I charged him with her, and he took her to the watch-house; there they asked me if I had lost any thing else; I said no, because I then did not know it, but she delivered the handkerchief up when they were going to search her.

RICHARD CAREY sworn.

I am watchman of St. James's parish; at about a quarter past twelve, on the 22d of July, Thomas Hall called to the watchman, and I came to him, and he desired me to take charge of this woman; I did so, and took her to the watch-house, and the watch was found upon her.

ALEXANDER WELLINGTON sworn.

I was constable of the night; this woman was brought to the watch-house by the prosecutor and watchman, and she pulled out and gave me the watch, and said he gave her the watch to hold till he gave her two shillings, when they went back to a house where they had been before to have some gin; (Produced.) In the other pocket was the handkerchief, which the prosecutor claimed, and did not know he lost it till he saw it.

(Deposed to.)

Court. Had you given her that watch to hold for two shillings? - I should hardly have done it, when I had plenty of money in my pocket.

Wellington. When the woman said that at the watch-house, I asked the prosecutor if he had any money in his pocket; and he immediately put down on the table half a guinea and some silver.

PRISONER's DEFENCE.

I was going down the Hay-market a little after twelve o'clock, and the prosecutor asked me if I would go home with him, and we went and had some gin at two different places; he then asked me what he should give me; I told him two shillings: he pulled two six-pences out of his waistcoat pocket, and I told him I would not accept of that: he said he had no more silver about him, and asked me if I would trust to his honour; I told him I would not; he said he had gold about him, and said he would leave his watch with me, and would go back to the house where we had the first liquor, and get change, and give me the two shillings; I went along with him, and afterwards he asked me for his watch, and because I would not give it him without the two shillings, after some words, he gave the watchman charge.

GUILTY of stealing, but not privily . (Aged 24.)

Transported for seven years .

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

Reference Number: t17910914-59

370. ELIZABETH GOULGER was indicted for feloniously stealing, on the 7th of August , one guinea and a half, and five shillings, and five halfpence , the monies of William Kelly .

WILLIAM KELLY sworn.

I am a labouring man. I met the prisoner about four o'clock in the morning in Doyle-street; I live in Bloomsbury; I am a bricklayer's labourer . On Sunday morning, the 7th of August, she asked me where I was going; I told her, home; she said, as her husband was not at home I might lay in his bed; she brought me into the lodging, and I asked her what she would have for me to stretch on the bed; she asked me one shilling; I said, I thought sixpence was enough. I gave it her, and laid down on the bed; and the prisoner at the bar came to me, and took my money out of my pocket; I felt her taking the last, and caught hold her of her hand; she cut my pocket through my breeches, and drew my money out of the hole she cut. While I had hold of her, a man stepped into the room, and got hold of me by the collar, and gave her liberty to go off; I kept hold of my money as long as I could, till this man came in, and shoved me out.

Was you sober? - Yes, I was perfectly sober.

When she got away, this man pushed me back again, and went out and locked the door; and in about ten minutes he and

another woman came and pushed me out. I returned about six in the morning with some other men, and seized the prisoner in bed.

Are you sure this was the woman? - I am perfectly sure.

PRISONER's DEFENCE.

I never saw this man till he came about six o'clock in the morning, when he and four Irishmen came and jumpt into the window, and took and dragged me out of bed naked, and dragged me to the watch-house all naked, and they searched me, and found only one six-pence in my pocket, and that was all.

GUILTY . (Aged 29.)

Fined 1 s. and imprisoned three months .

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

Reference Number: t17910914-60

371. SARAH JESSOP was indicted for feloniously stealing, on the 12th of September , one pair of linen sheets, value 7 s. one brass candlestick, value 8 d. the goods of Thomas Stapleton .

The witnesses examined apart by the prisoner's request.

THOMAS STAPLETON sworn.

I keep a public-house , Northampton-street, Wood's-close, Clerkenwell ; I let a lodgings to this woman and her husband on the 12th of the month; a young man out of the country coming to see me, and going to bed, I missed the sheets; in the morning I spoke to the prisoner at the bar, and says, it is my opinion that Mrs. Berry and her sister had stole the sheets, who lodged in the next room. I found the things at the pawnbroker's, and they were pawned in the name of Sarah Wright.

Prisoner. I would be glad if Mr. Stapleton would restore the things which he hath of mine, before I make my defence; he hath got a feather pillow, a pail, a tumbler, and a wine glass.

WILLIAM ALLEN sworn.

I am a carman. Last week I was sitting in the prosecutor's yard drinking a pint of beer, and I saw the prisoner come through the yard with something in her apron, between eight and nine in the evening; the next morning the sheets were missing.

JAMES GILLMORE sworn.

I am servant to Mr. Gillmore, pawnbroker, St. John's-street, Clerkenwell. The prisoner came to our house on the 10th of September, and pledged this candlestick; and on the 12th she pledged a pair of sheets, between seven and eight in the evening, in the name of Sarah Wright; I am sure it is the person; I knew her before, I lent her 3 s. 6 d. on them. (Produced.)

PRISONER's DEFENCE.

I never pawned the sheets at all.

Gillmore. I am sure I took them in of the prisoner. (The sheets deposed to.)

THOMAS PIXLEY sworn.

I am a scale-beam-maker, Monkwell-street; I have know the prisoner above three quarters of a year, a very hard-working young woman. She polishes Japan waiters.

WILLIAM MARTIN sworn.

I am a butcher, Charterhouse-street, No. 2, a journeyman; I have known her four years, a very industrious woman till this time.

REBECCA WADE sworn.

My husband works at Mr. Welch's, the starch-house; she lodged in our house sixteen months, three quarters of a year ago, or not quite so long; I never knew any dishonesty by her in my life.

GUILTY . (Aged 21.)

Fined 1 s. and imprisoned three months .

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

Reference Number: t17910914-61

372. ELIZABETH WRIGHT was indicted for feloniously stealing, on the 1st of September , a linen shirt, value 10 s. the goods of Richard Smith .

ELIZABETH POPE sworn.

I am a washer-woman in Mitre-court, Limehouse ; I lost a shirt the 1st of this month off from the line; I hung it up to dry; it belonged to Richard Smith ; it was found in the prisoner's custody between seven and eight o'clock in the evening.

ELIZABETH BARNETT sworn.

I am a silversmith and slop-seller. On Thursday evening, I believe three weeks to-morrow, the prisoner came to my shop, and asked me to lend some money on the shirt; I told her, I took in no pledges, but I bought outright; with that she asked me, if I would buy it? On this, she took the shirt from under her arm, and opening it, I found it was wringing wet. I told her, it was not her's; she said, her husband was a rigger of a ship, and if I did not like to buy it, to give it her again. I asked her, what she asked for it; she said, three shillings. I told her, I should have liked it better if she had asked three crowns. So I sent out to a neighbour, who is an officer, and we took her to the magistrate's, and I have kept the shirt ever since.

PRISONER's DEFENCE.

I never offered to pledge it; and because I would not take three shillings for it, she sent for a constable. And the way I came by the shirt, a young man met me, and asked me if I would go with him; and he had no money, but he said he would make me a present of that shirt.

(The shirt deposed to.)

GUILTY , (Aged 22.)

Fined 1 s. and imprisoned three months .

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

Reference Number: t17910914-62

373. MARY HUGHES was indicted for feloniously stealing, on the 12th of September , one cotton gown, value 4 s. the goods of Anthony Simpson .

CATHERINE SIMPSON sworn.

Last Monday was a week I lost a little boy, and went out to look after him, and when I came back I met Mary Hughes coming out of my entry with a gown in her apron. I live in Crown-court, Short's-gardens . I charged the constable with her, and the gown being wet, I had it to dry, and have kept it ever since; I had thrown it over a line to dry.

PRISONER's DEFENCE.

I know nothing about it.

RICHARD BUNNY sworn.

This woman gave me charge of the prisoner.

GUILTY . (Aged 49.)

Fined 1 s. and imprisoned three months .

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

Reference Number: t17910914-63

374. WILLIAM BENNET was indicted for feloniously stealing, on the 13th of August , one plane, value 4 d. two iron chissels, value 4 d. one iron adze, value 2 d. one screw driver, value 1 d. one gimblet, value 1 d. the property of Roger Clare ; and one iron hammer, with a wooden handle, value 4 d. one screw driver, value 2 d. and one brad awl, value 1 d. the goods of James Clare .

ROGER CLARE sworn.

I am a carpenter , I was at work at the new buildings, Southampton-street, Pentonville ; on the 13th of August I went to work about five o'clock in the morning, I had left the tools there on the night of the 12th, some laying on the bench and some on the shelf, in the house; I found the top rail broke down, and the shutters very much bent, and the top bolt off, and the shutters were pushed too again.

JAMES CLARE sworn.

I am a carpenter, I had left my tools on the 12th in the same building.

THOMAS SMITH sworn.

I am a watchman, I stopt the prisoner at the side of the Chapel, Battle-bridge, on the 13th of August, just before one, and asked him what he had there? he said, he was a carpenter, and was come from work out in the country, and was going home. I secured him and the tools too. I delivered them to the constable of the night.

(The tools produced, and deposed to.)

PRISONER's DEFENCE.

I went to Kentish-Town to carry a kit of salmon, and as I was coming back I saw these tools lay in the road, and I picked them up, and put them into my apron.

GUILTY . (Aged 50.)

Whipped , and imprisoned twelve months .

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

Reference Number: t17910914-64

375. SARAH WALDEN was indicted for feloniously stealing, on the 29th of August , two silver tea spoons, value 2 s. a check apron, value 1 s. a muslin handkerchief, value 1 s. an half shawl, a woollen petticoat, value 6 d. a linen shift, value 1 s. a cotton neckcloth, value 6 d. the goods of William Northover .

WILLIAM NORTHOVER sworn.

I am a housekeeper, the woman was my servant ; I got up at six o'clock on the 29th of August, the first thing I missed was my watch, on Monday morning I had last seen it hang on the side of the mantle-piece in my bed-room, and all the articles in the indictment, besides many more; I recovered them again at the pawnbroker's about three weeks after I lost them.

JOSHUA ALLEN sworn.

I am servant to a pawnbroker, on Saturday, the 10th of September, the prisoner pawned an apron and a muslin handkerchief; I knew her person; on Tuesday the 13th she pawned another apron.

JAMES WILSON sworn.

I am a pawnbroker; the prisoner pawned a watch the 30th of August with me, and two silver spoons. (Produced.)

JOHN GARUDE sworn.

I am a pawnbroker's servant; I produce a shift, a coloured apron, and a neckcloth, the apron and neckcloth were pawned the 26th of August, and the shift the 6th of September.

JOHN CARR sworn.

I am a relation of the prosecutor's; Mrs. Northover sent for me, and I went to Bow-street, and saw the prisoner searched, and there was a petticoat and half shawl taken from her, (that was this day week,) and several duplicates, which led to these articles. (Produced.) Two applied to the things pawned at Allen's, three to Garude's, and one to Wilson's.

Mrs. NORTHOVER sworn.

I can swear to the shawl, by some of the edge of the fringe worn off; I can swear to the flannel petticoat, for I pieced it.

Mr. Northover deposed to the watch.

PRISONER's DEFENCE.

I beg the mercy of the Court.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17910914-65

376. JOHN ADY was indicted for feloniously stealing, on the 16th of September , two muslin gowns, value 10 s. the goods of Robert Buttersworth .

ANN BUTTERSWORTH sworn.

I lost two linen gowns from the yard, hanging up to dry; I did not see them taken, but I was sent for on the 16th of this month to Sir Sampson Wright's.

MARY PURCELL sworn.

I go out to wash and iron; I was hanging out some clothes out of a two pair of stairs window, and saw a man take a wet gown, and put it under his coat, and I gave an alarm.

DAVID LUMBSDEN sworn.

I follow the sea, I heard the alarm given, and I ran after the prisoner, and took him in Great Earl-street with the bundle under his arm. (Produced and deposed to.) I live in the house from whence they were taken.

How far is that from whence you took the prisoner? - It is the length of a short street and court.

PRISONER's DEFENCE.

I am a taylor by trade; I went into a house in that street to do my business, and as I was coming out again, two young men met me, and desired me to take hold of the things, and asked me if I had an handkerchief in my pocket, and he called me by my christian name, and desired me to hold them things for him, and I did, and this young man came up, and took me upon the alarm, and the other fellow ran off.

GUILTY . (Aged 19.)

Whipped , and imprisoned six months .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17910914-66

377. JANE PORTER was indicted for feloniously stealing, on the 11th of August , one linen sheet, value 4 s. one linen tablecloth, value 2 s. the goods of Thomas Morgan , in a lodging-room .

THOMAS MORGAN sworn.

I let a lodging to the prisoner, the 4th of August; she was to pay 2 s. 6 d. a week, furnished; she staid till the 12th; and when she went, the sheet and the table-cloth were gone; she gave me no notice; she left her room locked; in about three days I got into the room, and found the articles were gone.

- GOUGH sworn.

I am a pawnbroker's servant; I produce a table-cloth, and an half-handkerchief; I took it in the 9th of August, but I cannot tell of whom; the duplicates are of my hand-writing.

JAMES JONES sworn.

I found the duplicate on the prisoner last Thursday; I am a constable.

Mr. Gough. It is the duplicate of a tablecloth and half-handkerchief.

- ALLISON sworn.

I prevented the prisoner from making her escape from the officer; she attempted to strike him, and used him very ill.

(The table-cloth produced, and deposed to.)

Prisoner. I am not guilty; I never was in the pawnbroker's house in my life; I found the duplicate; I cannot read; and I gave it my landlord to read it.

GUILTY , (Aged 43.)

Fined 1 s. and imprisoned three months in Newgate .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17910914-67

378. ELIZABETH MERCHANT was indicted for feloniously stealing, on the 5th of August , one stone knee-buckle, set in silver, value 3 s. and two guineas, and twelve shillings, in monies, numbered, the goods and monies of Thomas Wilton , privily from his person .

(The witnesses examined separate, by the prisoner's desire.)

THOMAS WILTON sworn.

I keep a shop in Red-lion-street, Holborn; I am a peruke-maker , and I lodge in Castle-street, Bloomsbury; I was going up Holborn , on the 5th day of August, early in the morning, nearly two o'clock; the prisoner at the bar met me on the road, and asked me where I was going, and I said, home; she says, you may as well go along with me; I did not know she was a woman of the town.

You could not much doubt what she was? - No, not much; I asked her where she lived, and she said, just by; and being early in the morning, I went with her to a lodging, where the woman of the house asked me a shilling for the bed; I said I will give you a shilling; says I, I do not want any thing of this woman; if you can find her a lodging, I will pay you for it, and she shall have a lodging in any other part of the house; the woman did not seem to say much to what I said, but went up stairs with me; and I took out the money out of my breeches pocket, and put into my stocking, at my knee, and buttoned my breeches up tight, in the presence of the woman; and I took my coat and shoes off, and laid down myself; I fell asleep, and she was in the room; she did not attempt to lay down, or undress herself; I awaked, and I lay awake some time before she offered to go out of the room; I suppose this was in an hour after I had been in the room; seeing her going out of the room, I felt the knee of my breeches, and found the money gone, and my knee-buckle gone; I got up immediately, and laid hold of the woman as she just got the door open, and got out of the room, and calls immediately for a watch; and the landlord came up immediately, and asked what was the matter; and I said, this woman has robbed me, and I will not quit her till the watch comes and takes charge of her; the watchman came, and I gave her into his custody, and put on my coat and shoes to go along with him, and went to the watch-house, and gave charge to the constable: I lost two guineas in gold, and twelve shillings in silver, and my knee-buckle; the woman was searched, and her room, and the knee-buckle was found in her box, but no money.

This was about two o'clock in the morning; where had you been spending your evening, was you sober? - Yes.

How came you to go with this woman? - It was early in the morning, and I did not wish to go to disturb the lodging where I lodged.

You told us you did not know whether she was a woman of the town, at this time; certainly you could have no doubt? - No.

How came you to say that you did not know it? - Because I had not any connexion with her; I went with her for no other view than to get a bed for a night.

Have you lived in London long? - Yes, almost all my life-time.

And you did not know where to get a lodging? - Not that time in the morning, at that part of the town.

You live in Bloomsbury, and you met her in Holborn, therefore it was not a part of the town you did not know? - I did not know of a lodging to go to, without paying an extravagant price for it.

You did not know what you was to pay for this? - If it had been extravagant, I should not have gone.

You was perfectly sober, you had been drinking nothing at all? - No more than a pint or two of beer.

This was past two o'clock? - About two, my lord.

How long had you been drinking? - From six o'clock, and in that time I might have drank three pints of beer.

All this at one public-house? - No, not at one; I was at two or three.

Where was the first? - At six o'clock I went to Cow-lane.

How long did you stay there? - About an hour and an half.

What did you drink there? - We drank some porter; there were seven in company, and I dare say we did not drink a pint a-piece: I went from thence to a house in Holborn, the Blue-Boar tap; there there were four or five in company, that were

neighbours, and I staid there about the same time, about an hour and half: the next house we went to was the French-horn, in Holborn, a little higher up.

And it was about nine o'clock when you got there? - About nine, Sir.

How long did you stay there? - I did not stay there a vast while; I do not think I was there more than half an hour; that was the last house I was in before I met this woman: when I came out, I went along with a friend a little way up Holborn, and left him there in Holborn.

You began at six in the evening, and staid an hour and half at the first place, and then got on for another hour and half, and then got to the French-horn, and staid there about half an hour; this brings the time, from when you first set out, to nine or ten o'clock; what did you do with yourself from nine or ten o'clock till two in the morning? - I must have staid a considerable time more than that, a considerable time.

You must have been drinking much more than what you say? - I do not think I had.

How came you to run from public-house to public-house? - They are customers of mine, and I called in to ask them how they did; I was not all the time in the public-house, because there was the ground of walking.

The ground is not a great deal, it is only the length of Holborn; and it was past two in the morning? - Not quite two.

Your information says past two, between two and three; I wonder how you, a decent man, should go so readily with a woman of that description, between two and three in the morning, and apply to her for a lodging? - It was very wrong, my Lord.

You might have had a lodging at the Blue-boar, or at the French-horn? - I never lodged at the Boar, nor asked them for a lodging.

Now recollect, do you mean to state to the jury, that, though you had been at these three houses, you was perfectly sober, and had not drank above three pints of beer? - I do.

When you got to this lodging, you had some suspicion of this woman, and you put your money in that form because you had some suspicion of the person? - I suspected losing my money somehow or other, and I put it into my knee for safety.

Where was this? - I believe it is called Church-lane, St. Giles's.

How came you to remain there, if you was sober? - Because I was too late to go home.

Prisoner. Did not he swear at first it was three guineas? - I had three guineas in my pocket, but I found one on the top of the bed.

Court. Was she on the bed with you at any time? - She never was on the bed to my knowledge.

Are you a married man, or single? - Single.

What people do you lodge with? - They keep a milk-shop.

They are up early in the morning? - Yes, as early as four or five o'clock.

Then why did not you go and awake these people? - If I had waited for their hours, they would have been up.

Prisoner. The witness insisted at the justice's that I went to bed with him, which I certainly did; and did not you say, first, that you had lost three guineas and fourteen shillings? - I did at first, but afterwards I did not like to charge her with any more than two guineas and twelve shillings.

DANIEL HOGEL sworn.

I live in Buckley-street; I am the watchman; I took charge of the woman, after four in the morning; it was to a common lodging-house; the watch-house keeper desired me to search the woman, and I found nothing upon her but a box, and I gave it to the watch-house keeper; the charge was for robbing him; I looked upon him he was sober.

VALENTINE LUMBLY sworn.

I am watch-house keeper: at past four o'clock these people were brought to the watch-house; the watchman searched the woman, and found a box, and gave it to

me; I opened the box with expectation of finding some money, but there was none in; the next morning I went to the justice's, and turned out all the things on a table, and there was a buckle which the prosecutor said was his, and he swore to it. (Produced.) It has been in my custody ever since.

Prisoner. I insisted upon my box, and they put the buckle in; I know nothing about it. (Deposed to.)

Lumbly. The prosecutor was sober.

Court to Prosecutor. Perhaps this woman awaked you in unbuttoning your knees? - I believe she did.

Prisoner. I was going up Holborn exactly at four o'clock in the morning, and the prosecutor came by and asked me if I could get him a lodging; I told him I did not know where to get one, but he had better go to the French-horn; and he said he would not go there, it was so dear; and he took me to this house, because it was cheaper; and he paid a shilling for himself, and I asked him to make me a compliment; he said he would afterwards; I went to bed with him, and was about half an hour on the bed with him; and then I asked him again if he would make me a compliment; he said he would not; then I went down stairs, and told the gentleman down stairs I would not stay, because the man would not make me a compliment; he came down too, and said he had lost his coat; he went up stairs again; he came down again, and said he had found his coat; he went up stairs again, and said I had robbed him of his money; I was searched, and there was nothing found upon me but twopence halfpenny and my box of duplicates; and when I complained for want of my tobacco-box at the justice's, then Mr. Walker took that knee-buckle in his hand, and asked me if I knew that; I told him I did not; it was put into the box, but I know nothing about it.

GUILTY of stealing, but not privily . (Aged 25.)

Fined 1 s. and imprisoned three months .

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

Reference Number: t17910914-68

379. THOMAS JONES was indicted for feloniously assaulting Thomas Lewis , on the King's highway, on the 18th day of August last, and putting him in fear, and taking from his person, a silver watch, value 40 s. a watch chain, value 3 s. and a seal and key, value 2 d. his property .

(The witnesses examined separate.)

THOMAS LEWIS sworn.

I am a tobacconist , I live in Little St. Martin's-lane; on Thursday, the 18th of August last, between nine and ten in the evening, I was returning home from Brompton; at the corner of Leicester-fields, by Cranbourn-street, I observed four or five men around me, I went as far as Rider's-court, Little Newport-street, I was not alarmed till I got into Newport-street , when they pressed close around me, and the prisoner elbowed me up towards the houses; I am sure he was the man; a man turned short round that was before me, and snatched my watch out of my fob, with a force that staggered me, for it was tight in; I was flurried and crossed the way, and pursued, and called out stop thief; the man that robbed me and the prisoner ran in the same direction, and at the same time; the man escaped that took my watch, the man took my watch and ran down Rider's court into Newport-street, there I lost sight of him, the prisoner was following the man that robbed me, I lost sight of both; I found the prisoner in Little Cranbourn-alley, at the farther end, next Bear-street; the prisoner was at my right elbow, it was nearly at the same time that the watch passed: the prisoner did nothing more to me than elbow me, he gave me a violent shove of the elbow, I do not charge him with any violence at all; it was in a manner that startled me very much, but at the same time it was no violence; I took no notice of them till two or three minutes before; the man that escaped and took my watch ran first, they were both running when I cried stop thief; I secured him when I found him in Cranbourn-alley, I am perfectly sure that he was the man that shoved me by the elbow;

there was not light sufficient to observe his face, he had a round hat on; I knew him from his nature and appearance, I lost sight of him, but in two minutes I got up to him again; the watch was found near the spot where the prisoner was taken; the girl's name that found it is Martha Bray; the main-spring is broke, the outside case is lost to that in all probability it was dropped where it was first snatched; it was a plain silver watch, and a metal chain, and a gold seal, and a common key.

Do not you think this might be the effect of accident; how many people might be about you? - At least three; it appeared evident there was some such intention, I was very much alarmed; there was no carrriage-passing.

Prisoner. Did not you say you had been drinking? - I do not recollect it, at the same time I was rather fatigued in walking from Brompton than otherwise; I am sensible I was rather elevated.

Was you so sober that you can venture to swear to this man? - Yes, I swore the same at the Justices.

GEORGE WILLIAMS sworn.

I am a glass-maker; on the 18th of August last, between nine and ten at night, I saw the prisoner run, I was sitting at the door in Little Newport-street, and I saw Mr. Lewis run after him, and this gentleman that stands here cried out stop thief; he ran to Earl's-court, I ran after him, he ran across Cranbourn-street into Cranbourn-alley, I never lost sight of him; he ran into Bear-street, there I took him, a parcel of people were about him, I carried him to St. Ann's watch-house; I am sure of the prisoner, he had a round hat on, he is the man, I never lost sight of him; the prosecutor did not say before the Justice that he took the watch, but that he hustled him and was in company; he seemed like a sober man, but very much frightened.

JOHN WHITEHEAD sworn.

I am a shoe-maker. On Saturday the 18th of August I was in Cranbourn-alley, and I heard the cry of stop thief, and that gentleman was coming down and I stopped him first, and he struck me over the arms, I had hold of him in Cranbourn-alley, he got out of my hands, he was running as fast as he could run; I am sure that is the man, I saw him afterwards in Bear-street, there I saw him stopped by George Williams and one or two more, it was the same man, he was caried to the watch-house; that is all I know.

Prisoner. Did not the gentleman say I took his watch? - I did not hear him say so, he said it was not the gentleman there (at the bar) that took his watch, it was another gentleman; he said this man shuffled him at the same time, that the other took his watch.

JAMES BRAY sworn.

I am a currier. On the 18th of August, Thursday night, I received a watch from my girl; she is here.

(The watch produced.)

MARTHA BRAY sworn.

I am fifteen the 3d of October. On Thursday the 18th of August last, I was at the corner of Rider's-court, Little Newport-street; I heard the cry of stop thief, I went down Newport-street, through Earl's-court, and across Cranbourn-street, into Cranbourn-alley, and not quite in the middle I kicked something before me; I picked it up, it was a watch, with only one case, my father has it, a great many people ran before me; this is the watch that I picked up in the court, and gave to my father; I shewed it to an acquaintance directly, it was between nine and ten at night.

(The watch deposed to, and chain and seal.)

Prosecutor. I broke the chain some time before, and mended it with an iron ring; the other case was never found; the case was on in the course of the day.

Court to Williams. You saw this man run on the cry of stop thief? - Yes.

Was you near enough to see him push,

the prisoner? - No, I did not; when I first saw them the prisoner was, I believe, about two yards before the prosecutor; I did not see him push him.

PRISONER's DEFENCE.

I went to see my brother, an ostler at the White Horse Cellar, Piccadilly; returning through Leicester-fields, I heard the cry of stop thief in Cranbourn-alley, and saw four men run down a court towards the King's Mews; I stopped, and them two young men came and laid hold of me, and said somebody was robbed, and the gentleman came and accused me, and said I took his watch; I said, young man, consider what you are about; I have no watch; he said you are not the man; I said young man consider you are in liquor; but they do do not speak as they did when before the Justice. I never let my friends know, being innocent.

GUILTY , Death .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17910914-69

380. HENRY BRITT was indicted for stealing, on the 30th of August last, a wooden hand-roll, value 12 d. and eight ounces of unwrought silk, value 20 s. the property of John Thompson .

The case opened by Mr. Garrow.

JOHN THOMPSON , the elder, sworn.

I am a weaver , I live in Duke-street, Spital-fields ; on Tuesday, the 30th of August I had some property of Mr. Bennett's the gauze-weaver, to manufacture; I went to dinner at one o'clock, and left the roll with the silk on it in the scale, on the lower floor, back-room; I returned from dinner about half after one; when I returned I missed this property, I sent my son William to give notice to the loom-brokers, as they were likely to have it offered for sale, I saw it again about half past seven, the the same evening, at my house, brought by Charles Crawley , Mr. Merrick's servant, that was the same I left in my shop at one; it is here.

Mr. Knowlys. You never saw the silk again, only the roll? - No.

Did not the prisoner come to your house? - He did, when I went in the evening, after the hand-roll was brought, I went to Mr. Merrick's.

Did Henry Britt come to your house on the alarm of this? - He did; he went to Mr. Merrick's, and next day came to our house, he said Mr. Merrick informed him there was a cane stolen from that hand-roll, and he bought it among some ribbon the day before, that Mr. Merrick had bought some ribbon looms, on the 29th.

CHARLES CRAWLEY sworn.

I am journeyman to Mr. Merrick; between four and five, on Tuesday, the 30th of August, in the afternoon, the prisoner came to my master's house, and asked if my master was at home, and I told him no; and my mistress said no; he said, well never mind, here is the hand-roll as I bought in the lot yesterday, and he immediately threw it within the door; and he said, never mind, I shall see your master another time, and the next day he came to my master's house, I was not within hearing, he was talking to my master; I ran to Mr. Thompson and gave him notice, and the prisoner said, if I would shew him the house, he would go to clear himself.

Had the looms been paid for before he brought home the roll? - Yes, and some resold; my master is a loom-broker, the looms we bought were those of narrow weavers; we had nothing to do with this sort of rolls.

BARNABAS MERRICK sworn.

I am the loom-broker; I bought seven looms of the prisoner, on the 29th of August; I fetched them all home. I was not at home when the prisoner came on the 30th; there were no hand-rolls to the looms. I saw the prisoner on the 31st; he

came across the way to me; I was dropping a piece of stuff; he came to me, and he said, says he, about that hand roll; about that hand-roll, says I, there has been a pretty piece of work; here has been the foreman of the warehouse, and says, he lost the hand-roll with the silk on; says I, you must go with me, or somebody belonging to me, to the gentleman, to indemnify me, as the property was found in my house. Charles Crawley came home; and I said, you may as well go with him to Mr. Thompson, and he went; I did not go. The prisoner said, he bought it in a lot of goods; he said no more. I bought my lot of goods the 29th; it was the day before I bought mine, so it could not be in my lot; it did not belong to my goods, it belonged to narrow weaving.

Mr. Knowlys, Prisoner's Counsel. There might be in some part of the lot this roll? - Yes.

You thought this man an honest man? - I know nothing to the contrary.

(The hand-roll deposed to by Crawley and Thompson senior.)

Crawley, sen. I lost it about half after twelve from the shop.

WILLIAM THOMPSON , jun. sworn.

I am son of the prosecutor; I know this hand-roll; it was entrusted to my father with raw goods to manufacture; it is marked in my writing in ink B, 1 lb. 8 oz. that meant Bennet, and the 1 lb. 8 oz. is one pound eight ounces, the weight of the roll. I was sent to the loom-broker's, to give notice that it was lost, on the morning of the 30th of August. I am positive it could not be in any lot sold to Merrick on the 29th.

Prisoner. I leave it to my counsel.

The prisoner's witnesses examined separate by desire of Mr. Garrow.

BENJAMIN DYKES sworn.

I am a peruke-maker and hair-dresser; I have known the prisoner about three years; he is an honest man. On the 30th of August I went to his apartment in Webb-square, a front-room, one pair of stairs; I went to shave him, and in the middle of shaving him, a woman came into the room, and said, Mr. Britt, I have a few things to dispose of. Says he, good woman, let me see them. She had a sort of box on her arm, with a string upon it; she asked two shillings; and he said, I will speak to you when the barber has done; and I saw him give her silver and some half-pence; there was a sort of wooden thing that I have seen, some article in the weaving branch; it was like this, but I will not say it is the same. I do not know the name of the woman; I never saw her before or since.

MARY SMITHERS sworn.

I live in the same square with the prisoner; have known him about six years, and never heard any thing of him but a hard-working man; he purchased a little box last Tuesday was a fortnight of a woman; there were some stays and little harnesses, and a hand-roll; I heard her ask a couple of shillings, but whether he gave it I cannot say; it was such a thing as that, but I cannot say it was that.

Mr. Garrow. Was you a servant of his? - I live in the same house.

Not a servant? - Yes, a servant.

A sort of housekeeper? - Yes.

What, he is a single man, I warrant? - Yes.

Had he bought any thing of her before? - Yes, some looms.

Are you not called Mrs. Britt? - Not that I know of; but there are foolish people in the world.

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

Mr. Garrow to Mrs. Smith, one of the prisoner's witnesses. Did you say to Mr. Merrick, that if he dared to say any thing against Mr. Britt, (the prisoner) you would accuse him of coming by that hand-roll and those looms dishonestly? - Upon my soul, I never said any such thing in my life; upon my oath, I deny it; I never said any thing of the sort.

Mr. Merrick, and Mr. Thompson, jun. both positively swore to the contrary.

GUILTY. 10 d .

Whipped , and imprisoned three months .

Reference Number: t17910914-70

381. JOSEPH BROWN and THOMAS INGRAM were indicted for stealing, on the 9th of July last, two silver table spoons, value 6 s. and one man's livery cloth coat, value 2 d. one other coat, value 12 d. the property of Lady Louisa Susanna St. John , widow .

(The case opened by Mr. Garrow.)

RICHARD LOVETT sworn.

I went to Lady St. John's house, in consequence of the information of Ingram, the butler was not at home; I returned to the watch-house, and I found the prisoner Brown in a coach, with the blinds up, and a silver spoon was found upon him. At Ingram's lodgings I found some duplicates of Gordon, the pawnbroker's, and some of Mulcaster's. Brown acknowledged some duplicates to be his, which I found in a dirty shirt at Lady St. John's, they belong to this jacket and waistcoat.

David Gordon produced a spoon which he received of Brown, whom he knew by the name of Mr. Jones.

Robert Mulcaster , jun. produced a great coat, which was pledged in the name of Joseph Brown , to a young man, named George Paul , who was gone away, but could not tell whether he was present when it was taken in, and did not remember being present when a great coat was taken in, and believed he was not present.

Robert Mulcaster deposed that he knew Joseph Brown , and had different customers of that name, and remembered taking different pledges from the prisoner, and a coat, but could not say what sort of a coat, and never told Lovett that he had received that particular coat of the prisoner at the bar, though he had no doubt but it was pledged by Joseph Brown , but did not remember his bringing it.

John Moore , another pawnbroker, produced a coat and waistcoat, which he received in pledge from him, on the 9th of June, 1791, and thinks he was the person, but cannot be certain.

JACOB GUNN sworn.

Deposed to the jacket and waistcoat, as the property of Lady St. John, to whom the prisoner Brown was a servant ; that there was one small spoon, about the size of one then produced, which was in the custody of the prisoner Brown.

PRISONER BROWN's DEFENCE.

I leave it to my Counsel.

Mr. Garrow. I am instructed to say that Lady St. John had a good character with him.

The prisoner Brown called five more witnesses, who gave him a very good character.

Gunn. Brown told me, when he gave me the silver spoon, that he had another making for one that was lost, and he wanted to see if it matched.

JOSEPH BROWN , GUILTY .

Transported for seven years .

THOMAS INGRAM , NOT GUILTY .

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

Reference Number: o17910914-1

The following Prisoners were set to the Bar, and received the King's Pardon, on Condition of being transported to Botany Bay for Life.

John Ryall, alias George King ,

James Sharp ,

Thomas Causey ,

Joseph Druce ,

William Jones ,

Robert Jones ,

James Kelly ,

William, alias George Warren ,

John Oxton ,

Thomas Munden ,

William Dyer ,

William Blewett ,

John Lock , and

Ann Cane .

THOMAS CHASELAND refused, and was ordered to a separate cell.

Reference Number: s17910914-1

The Trials being ended, the Court proceeded to pass Sentence as follows:

Received Sentence of Death, 11.

Berry, John - 338

Clarke, Robert - 339

Collis, Thomas - 358

Easthop, Thomas - 368

Jones, Thomas - 379

Herbert, John - 337

Plata, Thomas - 358

Portsmouth, John - 356, 357

Simpson, John - 314

Tristram, William - 338

To be transported for Seven Years, 30.

Butters, James - 362

Brown, Joseph - 381

Cane, James - 334

Cahall, Sarah - 344

Campbell, Duncan - 323

Collyer, Elijah - 348

Cox, Robert - 318

Dempster, Alexander - 335

Edmondson, Benjamin - 316

Folkes, William - 313

Gardner, Sarah - 333

- , Richard - 346

Gulliver, Elizabeth - 332

Jones, Mary - 341

Luddett, Simon - 317

Prosser, John - 320

Pitt, Margaret - 327

Purdie, John - 329

Ralph, Robert - 340

Scott, Joseph - 362

Sheridan, Samuel - 321

Smith, Mary - 369

- , Thomas - 326

Suffield, Stephen - 355

Taylor, John - 347

Webb, Francis - 319

Wheeler, John - 343

Williams, Robert - 336

Wood, John - 354

To be confined Twelve Months, 4.

James Boutell , (fined 1 s.) Catherine Sweet, (fined 1 s.) Elizabeth Hyde , (fined 1 s.) William Bennett .

To be confined Six Months, 8.

William Watts , (fined 1 s.) Mary-Ann Butters, (fined 1 s.) Francis Tramp , James Poe , Ann Tribett , (fined 1 s.) Thomas Shields, Ann Atkinson, (fined 1 s.) Ann Burden . (fined 1 s.)

To be confined Three Months, 9.

Elizabeth Emmerson , (fined 1 s.) John Fairbrother , Henry Brett , Elizabeth Merchant , (fined 1 s.) Elizabeth Gouger, (fined 1 s.) Sarah Jessop , (fined 1 s.) Elizabeth Wright , (fined 1 s.) Mary Hughes , (fined 1 s.) Henry Britt .

To be confined One Month, 4.

John Young , (fined 1 s.) Ann Thomas , (fined 1 s.) James Clear , Mary Smith , (fined 1 s.)

To be confined Two Months, 1.

Abraham Swaine .

To be whipped.

John Fairbrother , Henry Brett , Francis Tramp , James Poe , Thomas Shields , William Bennett, James Clear , Abraham Swain , Henry Britt .

The trial of BENJAMIN COLEMAN , alias COMBRUNE, postponed till next Session; also the trial of WILLIAM PELFREYMAN and JAMES RANDALL; also the trial of JOHN JOHNSON , alias KELLY.

Reference Number: s17910914-1

The following Prisoners were set to the Bar, and received the King's Pardon, on Condition of being transported to Botany Bay for Life.

John Ryall, alias George King ,

James Sharp ,

Thomas Causey ,

Joseph Druce ,

William Jones ,

Robert Jones ,

James Kelly ,

William, alias George Warren ,

John Oxton ,

Thomas Munden ,

William Dyer ,

William Blewett ,

John Lock , and

Ann Cane .

THOMAS CHASELAND refused, and was ordered to a separate cell.


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