Old Bailey Proceedings, 16th September 1795.
Reference Number: 17950916
Reference Number: f17950916-1

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace Oyer and Terminer, and Gaol Delivery for the City of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex; HELD AT JUSTICE HALL IN THE OLD BAILEY, On Wednesday the 16th of September 1795, and the following Days; Being the SEVENTH SESSION in the Mayoralty of The Right Hon. THOMAS SKINNER, Esq. LORD MAYOR OF THE CITY OF LONDON.

TAKEN IN SHORT-HAND BY MANOAH SIBLY , PROFESSOR OF SHORT-HAND, No. 35, Goswell-Street, And Published by Authority.

NUMBER VII. PART I.

LONDON: Printed and published by HENRY FENWICK , No. 63, Snow Hill. Price TWO SHILLINGS.

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

BEFORE the Right Honourable THOMAS SKINNER , Esq. LORD MAYOR of the City of LONDON: The Honourable Sir WILLIAM HENRY ASHURST , one of the Justices of his Majesty's Court of King's Bench: The Honourable Sir ALEXANDER THOMPSON , Knt. one of the Barons of his Majesty's Court of Exchequer: The Honourable Sir GILES ROOKE , Knt. one of the Justices of his Majesty's Court of Common Pleas: Sir JOHN WILLIAM ROSE , Knt. Serjeant at Law, Recorder of the said City; JOHN SYLVESTER , 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.

John Styles

Joseph Browning

John Gray

William Gale

Thomas Marle

Thomas Allen

Thomas Hayward

John Mackey

John Elliott

* Thomas Whalley

William Cooke

Thomas Lumley .

First Middlesex Jury.

Edwary Berry

Thomas Gleaves

John Hallewell

Joseph Langmead

William Butts

Samuel Adam Crisp

Abraham Walker

Thomas Lonsdale

Joseph Nutting

Edward Kendrick

John Henry Rigg

Lewis Gillies .

Second Middlesex Jury.

Charles Rymer

Barnard Baker

Jacob Roberts

Peter Vincent

William Fleming

George Downing

John Coates

William Williams

Joseph Marsh

Robert Sinclair

William Walker

William Bell .

* William Plaistow served part of the time in the room of Thomas Whalley .

Reference Number: t17950916-1

374. SARAH ENGLISH , HANNAH HOG , and ELIZABETH DEAN were indicted for feloniously stealing, on the 2d of June , a silk handkerchief, value 2d. seven guineas and half a guinea, and four shillings, in monies numbered, the goods and monies of John Miller , privately from his person .

JOHN MILLER sworn.

I was going along Winfield-street, Whitechapel -

Q. What day of the week? - I cannot say.

Q. What day of the month? - I cannot say.

Q. In what month? - I cannot recollect the month.

Q. How long ago? - Better than three months ago; it might be about six o'clock in the evening.

Q. Was it quite light at that time? - Yes; I picked up one of these young girls, I forget her name, I believe it is Deane; I went with her to Mrs. English's house, and there I was robbed of this money.

Q. In what manner were you robbed? - I cannot say, I was so much in liquor.

Q. Are you a married man or single? - A married man.

Q. You see the danger of getting into liquor? - Yes, I was very much in liquor, and I cannot say how I was robbed.

Q. Are you sure that that is the woman that you went home with? - Yes, I was sober enough to know that is the person.

Q. Was you sober enough to know that English was there, that kept the house? - Yes, she kept the house.

Q. Was Hogg there? - Yes. I see her there.

Q. Did you go to bed in the house? - Yes, I went to bed with myself.

Q. Were you undressed? - Yes, I lost seven guineas in the house, but I cannot tell how I lost it.

Q. Did you go to bed as soon as you went into that house; you went in at six o'clock you say? - Yes, but I cannot tell what time I went to bed.

Q. Were you sober enough to know at the time you went into the house, that you had this silk handkerchief, and this money about you? - Yes, I was sober enough to know that, because I pulled it out; the money was in my breeches pocket, all loose.

Q. When had you seen it last, before you picked up this young woman? - I see it at the public house in Winfield-street , I don't know the sign.

Q. Had you spoke to any other woman coming along? - No, I had not spoke to any to my knowledge.

Q. Had any other woman been about you? - Not to my knowledge, I cannot say being in liquor.

Q. Did you ever recover any of your money? - Yes, two guineas, which I tied up in the handkerchief.

Q. What happened to you, that made you discover that the property was missing? - I recollect myself being in a strange room when I awaked.

Q. Were either of these women in the room? - No, neither of them at all; when I awaked I got up and dressed myself and went out, I don't know what time, I was in liquor then almost.

Q. Did you have the people taken up? - Yes, the people were taken up.

Q. Did you describe them? - Yes, I took the man to shew him them, I could not give him much description of them; I found two at the house, Mrs. English and Mrs. Hog.

Q. Were they searched? - I am not certain whether the officer searched them or no, I cannot say.

Q. Did you recover any property at that time? - No, the first money that I recovered was before; they did not rob me of all at first, I had some left after the first time they robbed me, I had two guineas, and I tied it up in my handkerchief for safety, and then afterwards the handkerchief and money and all were gone, but how I cannot say.

Q. When did you ever recover any of this money? - I recovered none that I lost first, but I recovered the two guineas of Deane afterwards, I kept that and spent it.

- GRIFFITHS sworn.

About half past eleven, on the second of June, I apprehended these women; I searched Sarah English and Hannah Hog , and Deane, I found nothing on the two first, the last I apprehended in another house, up a two pair of stairs, from under the bed where she had run under, and the said here is half a guinea, and she said that was all she had about her.

Q. Did you shew that to the prosecutor? - Yes, but he could not swear to it.

SARAH BOOTH sworn.

Q. Do you live in the house with these people? - No, but I was in the house at the time the gentleman came in with this girl; they asked me to go fetch something to drink; they came to ask for the use of the room; I asked for sixpence, and the gentleman gave me the sixpence; I went down stairs, and after I had been down stairs for some time, Elizabeth Deane brought down two guineas and a half, and gave it to Mrs. English, and Mrs. English said that she would not have the money taken from the man, she would have it returned to the man, if the man made any piece of work about it, and she went up to return it.

Q. Did she say how she came by it? - No.

Q. You know that she returned it? - Yes.

All three not GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17950916-2

375. SUSANNAH (a negro) was indicted for feloniously stealing, on the 10th of July , in the dwelling house of Thomas Bridges , Esq . forty-two yards of chequered and striped muslin, value 6l. fourteen yards of cambrick, value 2l. 2s. sixty-one yards of muslin, value 9l. 10s. six yards of callico, value 12s. twelve muslin aprons, value 1l. 10s, thirty-three muslin handkerchiefs, value 3l. six cambrick pocket handkerchiefs, value 10s. two muslin handkerchiefs, with red and gold borders, value 2s. three linen shifts, value 3s. three pair of dimity pockets, value 10s. three pair of cotton stockings, value 2s. a pair of stuff shoes, value 2s. a pair of leather shoes, value 1s. a lace vail, value 1l. twelve yards of muslin edging, value 12s. two yards of lace, value 5s. four pieces of ribbon, containing twenty yards, value 10s. a cotton gown,

value 5s. a muslin petticoat, value 2s. 2l. muslin cap, value 1s. a muslin handkerchief and tucker, value 1s. the goods of the said Thomas Bridges ; and a ten pound bank note his property .

POLLY HILL BRIDGES sworn.

Q. What relation are you to Mr. Bridges? - His wife.

Q. Do you know the prisoner at the bar? - Yes, she lived in my family, a servant , about nine years. I missed this property after this girl went away from my house; she left the house on the 19th of July last.

Q. Were you apprized of her going away then? - No, I was not.

Q. Was she a hired servant to you? - No. she was not.

Q. Had she lived with you ever since she came from abroad? - Yes.

Q. You paid her no wages? - None at all.

Q. What name did she go by in your service? - Susannah.

Q. You never knew any other name she had? - No.

Q. Did you miss the things before she was gone? - No, I did not miss any of them till a week after she was gone.

Q. Had you heard of her before you missed the things? - No, I had not.

Q. What was it you missed? - I cannot exactly say, they are set down.

Q. They are chiefly your own wearing apparel? - Entirely mine.

Q. What do you know about any bank note? - I had a bank note in the chest with the muslins.

Q. Were all the things that you missed in the same chest? - No, they were not, they were in two or three chests.

Q. How lately had you seen this bank note in the chest before you missed it? - I suppose about a fortnight before.

Q. Had you any account of the number? - No, I had not.

Q. What was the sum? - Ten pound.

Q. How did your chests appear to be opened? - None appeared to be opened, I left them locked and found them locked.

Q. What was it you first missed? - Some of the wearing apparel.

Q. Did you on that examine all the chests? - I did.

Q. And it was on that examination you missed the other things? - It was.

Q. Did you ever see, and when, any of the property you lost again? - Yes, I see it soon after I missed it, when she was apprehended.

Q. In whose possession was it that you see it? - In the constable's, William Golby.

Q. What was it that Mr. Golby produced to you? - A large bundle of different pieces of musling and wearing apparel.

Q. You knew them to be your's as soon as you see them? - Yes.

Q. What was the bank note in? - In piece of paper.

Q. Had you received it and put it there yourself? - Yes, I had.

WILLIAM GOSBY sworn.

Q. Where do you live? - At Canterbury, a constable. On the 13th of August last I received a warrant from the Mayor to apprehend Susannah, a black girl; I received information that she had lodgings at one Mr. Read's, a school master; I went to the house, Mr. Read directed me into her appartment, the girl was laying there on the bed.

Q. What time of the day was it? -About five in the afternoon; I told her. she must go before the Mayor of Canterbury, I did not tell her for what then; I asked her whether she had any boxes, or any thing in the room that belonged to her, she pointed then to a trunk, which trunk I took with me to the Mayor with her, the Mayor asked her some few questions,

and he desired to have the key of the trunk; the first thing that presented was a pair of shoes; the Mayor would not look any further into the box, but gave me the key of the trunk, and desired me to comeup to town with it, and take the prisoner to Bow-Street, which I did.

Q. Were you present when the box was opened at Bow-Street? - Yes.

Q. What was found? - These articles.(Produced) they were taken out of the box and tied up in this cloth before justice Bond; it was delivered to me, and Lady Bridges had it from me, as justice Bond thought it would be troublesome for me to take it with me to Canterbury.

Q. Of whom did you receive it again? - Of Lady Bridges.

Q. To Mrs. Bridges. We understand from Mr. Gosby, that he delivered a bundle to you at the public office; what did you do with that bundle? - I have kept it locked up ever since, till I delivered it to him this morning. (Deposes to the articles produced.)

Q. Where were they put? - They were in different chests.

Q. This house is Mr. Bridges, he rents it, does he? - Yes.

Q. How long have you lived there? -About three years.

Q.What part of the house were the chests kept in? - In two different rooms.

Q. How lately had you seen them before you missed them? - I really cannot tell how long, but a very short time.

Prisoner. I have nothing to say.

Court to Mrs. Bridges. How did she come into your service? - I bought her when she was a girl; I brought her with me from the East Indies; she is extremely young, not now fifteen; I am afraid she has been ill advised, or she never would have committed such a crime.

Q. Then you had a good opinion of her till this time? - A very good opinion of her.

GUILTY.

Of stealing to the value of 39s .(Aged 15.)

Transported for seven years .

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

Reference Number: t17950916-3

379. JOHN CARELESS was indicted for feloniously stealing, on the 25th of July , eleven guineas, the monies of Thomas Comerford , in the dwelling house of Peter Kavener .

THOMAS COMERFORD sworn.

Q. Do you know the prisoner at the bar? - Yes.

Q. Did you ever lose any money? - Yes, eleven guineas, on the 25th of July.

Q. Where did you live? - At Peter Kavaner 's, in Oxford street .

Q. Where was this money? - In a box in the room that the prisoner and I lay in. On the Friday night before this happened, this man was out all night; on Saturday morning he came in when I was thinking of getting up, and went to bed, I got up and went out about a little business, and I came in in the course of the afternoon; I went to the box and opened the box, and took out my pocket book, and took a guinea out of it, and put it into my pocket book, and left eleven guineas in it; I locked up the box again; the prisoner was laying on the bed at the time. On Saturday night the prisoner and I lay together; on Sunday morning (I never observed any thing a matter with my box) I cleaned myself and went out pretty soon in the

morning, between nine and ten o'clock, and I left the prisoner in bed; I did not return till between the hours of eleven and twelve at night; I went up stairs and missed the box, and found the prisoner in bed; I enquired of the young woman that cleaned the room, whether she had seen any thing of it; she told me she had never been in the room from the time that I left it, as the prisoner was in bed, till she had cleaned herself, and she was not then in a condition to do the business of the room. Then by making an enquiry for the box, there was a young man up stairs that lay in the room, and he told me it was in his room; I went up stairs, and found the box and some bits of wood in the room were the box was taken to; one of the pieces was about five inches long, and an inch and a half wide, where the box was broke.

Mr. Alley. What house was this Peter Kavener 's? - A public house.

Q. Does he let other lodgings? - Yes, to two of the present witnesses.

Court. Did they lodge in the same room? - Not in the same room.

Mr. Alley. How many other persons lodge in the house besides these? - Nobody but the family of the house.

Q. This was a public house, and on Sunday these persons have a number of persons coming to see them? - Nobody came to see me, I was out at the time.

Q. Pray where was it you found this box? - In the room over head.

Q. That was not in the room where the prisoner lodged? - No, he lodged in the same room as I did, and in the same bed.

Court. Who inhabits that room where you found the box? - The two witnesses.

Mr. Alley. How many boxes had you in your room? - Two

Q. What kind of boxes were these? - The one that my money was in, was rather slighter than the other which I kept my clothes in, but I put the money there because I thought if any thing should happen of this sort, it would not be suspected so soon, to be where my tools and dirty linen were.

Q. Was not there a man, a waterman, lived in the house? - Yes.

Q. I believe he left the house soon after this transaction? - He did.

Q. That man is one of the witnesses on the trial? - Yes, he is.

Q. Did you go any where in the neighbourhood with this waterman, and the prisoner at the bar, subsequent to this time, to drink? - No, I did not.

Q. Did you not on your oath? - I do not recollect that I did.

Q. Will you undertake to say that you did not? - To the best of my recollection I did not go any where to drink a drop with them. On Monday morning when I went after this man to Blackfriar's-road, one of the witnesses, Robert Edmunds and I, had a pot of beer together, with the prisoner.

Q. Then you did drink with the prisoner? - That was not in the neighbourhood.

Q. What is the waterman's name? - Thomas Hughes .

Q. What offer did you make the prisoner at the bar at this time? - I told him it was a hard case I should lose my hard earning, what I worked hard for, that I could not afford to lose any more, as I had it not; if he would return me my money, keeping what he thought proper, if it was a thing that he had it, as I had no suspicion of any body else, I should be very glad, and would have no further trouble with him; he made a reply, that he never put his hand into my box.

Q. I believe you then went away, left the alehouse? - Yes.

Q. And went to the magistrate and took out a warrant? - Yes.

Q. And then you went back again and found the prisoner at work? - Yes.

Q. Then subsequent to this time, that you made this demand on the prisoner, you left him and found him at his work? - Yes, I found him in the same place.

Q. Pray, have you always given the same account of this transaction as you have at present? - Yes; to what was asked me I have said the same.

Q. Then if you was asked a little more you would say a little more. Where did you get all this money? - By my industry.

Q. Pray, how much money had you on the Saturday? - Sometimes two guineas, for my week's labour I mean.

Q. How much money was you master of on Saturday morning? - I was master of twelve guineas; a guinea of which I took out of my box and put into my pocket.

Q. Then, of course, on Sunday morning you had more than the eleven guineas and this guinea that you took out of your pocket book? - No, I had not.

Q. What became of your week's earnings? - I did not work that week, because work was stopped.

Q. How long had this money been in your pocket book? - I cannot say how long.

Q. What time did you count it last? - I counted it on Saturday morning.

Q. You had no more than twelve guineas? - No more.

Q. Then how did you subsist the week if you did not work? - I had some silver in my pocket that I subsisted with.

Q. Did you ever tell any body that you had eleven guineas in your pocket book? - I said at the time when the money was gone, somebody asked me what was lost, I said, perhaps it may be fourteen, fifteen, or sixteen guineas; but that was including my clothes and tools; but when I went to the box I found it to be only the eleven guineas from the pocket book.

Q. How can you give me this answer when you had been to your box and seen that the eleven guineas were gone? Upon your oath would you have missed your things if they had not been there? - No, I should not at that time.

Q. Will you say that you had not the anxiety to examine whether any thing else was gone, when you found your money was gone? - I had not the curiosity to examine at that time.

PETER KAVENER sworn.

Q. The prisoner and the prosecutor lodged at your house? - Yes.

Q. The prisoner lay in the same room with the prosecutor? - Yes.

Q. The prisoner went out and left the prosecutor behind him? - Yes.

Q. Do you belong to the house? - Yes.

Q. Did you see the prosecutor go out of the house? - No, I did not.

Q. Then you don't know when he went out of the house? - No, I do not know exactly the time.

Q. When the alarm was given of the money being lost, what time was that? - About twelve o'clock at night, when he went up to bed.

Q. Did not he come home before twelve o'clock? - Yes, he did; but he stopped in the tap room about an hour. Upon the alarm I went up to the prisoner and asked him why he did not lock the door, when he went out? I asked him why he did not lock the door? he said he could not; he did not say the reason. I went down and brought up the key, and put it into the keyhole, and

it locked and unlocked the door very easy before his face.

Q. What door was it you enquired of? - The door of that chamber. He was laying in bed at the time I went up. The prisoner had left the door unlocked, and had come down and put the key where it used to be, and that gave me suspicion of him more than any body else in the house, his leaving the door unlocked.

Q. Where did you fetch the key from? - I took it out of the bar, where he left it when he went out.

Mr. Alley. How is your house situated? - There are two doors to accommodate the people that came into the house.

Q. Are both the doors common to customers and lodgers? - Yes, common to both.

Jury. Was it customary to lock that door where the money was lost from? - It was customary for the last man that got up to lock the door and leave the key in the bar always.

ROBERT EDMUNDS sworn.

I lodge in the same house. On Sunday, the day on which the house was supposed to be broke open, I got up about two o'clock that day, I did not get up before, because I was fatigued coming up from the country where I had been at work. I then went down stairs, and made no stay in the house, but I went to my uncle that lives in Poland-street, I stopped with him the remainder of the day; I then came with my uncle to Mr. Kavener's, to my lodgings.

Q. What is your uncle's name? - Robert Hoyle . My uncle stopped at Mr. Kavener's, and we had a pot of beer in the tap room, and after he was gone I had a pint of cider, and then it was eleven o'clock, I then got a candle and went up stairs to bed; when I went into the room I found a box laying on the waterman's bed, just the opposite to where I laid.

Q. What is the waterman's name? - Thomas Hughes . I supposed the that box was his, and therefore I took no notice of it, Just as I was going to get into bed I saw three drops of blood on the sheet; I then heard Careless, the prisoner at the bar, cough, on the landing place; he came up into my room and looked at the blood that was on the sheet, and said, he could not think how the blood could come there; but never took any notice of the box, nor I took no notice of it to him; he went down again. Just as I had got into bed I heard this young man come up stairs, Thomas Comerford ; he missed his box as soon as he went into his room; he then went down stairs and asked if the servant had moved his box out of his room? I heard him enquire for the box, and I called to him and told him there was a box in my room; he then came up; as soon as he came to the foot of the bed he sees his pocket book laying at the foot of the bed, as soon as he sees his pocket book laying at the foot of the bed, he said that he was undone, that his money was taken from him. He then went down and called up the landlady of the house, Mrs. Kavener, and he unlocked the box before Mrs. Kavener, and he found nothing disturbed in the box, only the place where the pocket book lay, where a hand was put in.

Mr. Alley. Pray, what are you? - A painter.

Q. That requires good nerves. Don't be so much frightened you lodge in this house. Who advised this prosecution? - I don't know; I was called upon as a witness.

Q. Did not you know that you yourself was liable to be prosecuted for this offence? - No, I did not.

Q. How long do you generally lay in bed in the morning? - Working days I generally get up at six o'clock.

Q. But this day you did not get up till two o'clock? - That was because I had been working in the country and was tired coming home.

Q. You took no notice of this box until the disturbance was made in the house? - I see it lay on the bed; but I thought it belonged to the waterman, as it was on the waterman's bed.

THOMAS HUGHES sworn.

Q. What do you know about this robbery? - I know nothing at all about it no further than Mr. Kavener told me, Monday morning, there was a box lay on my bed the over night.

Q. Where was you all this Sunday? - I was on the rank, watering the horses, feeding them, and such as that. I was up all Saturday night and Sunday night, on the rank; I goes perhaps and lays down three or four hours in the day time; I went and laid down a little after three o'clock on Sunday, and got up between six and seven in the evening. I knew nothing at all about it till five or six o'clock Monday morning; the prisoner called to me while I was on the rank, and asked me what it was o'clock?

The prisoner called six witnesses who gave him a very good character.

Not GUILTY .

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

Reference Number: t17950916-4

377. JOHN GRIFFTHS was indicted for feloniously stealing, on the 24th of August , a gelding, price 3l. the property of Edward Gorton .

EDWARD GORTON sworn.

Q. Where do you live? - At Paddington .

Q. What are you? - A bricklayer .

Q. Have you lost a horse lately? - Yes, the 24th of August.

Q. What sort of a horse? - A bay gelding.

Q. Where did you lose it from? -From the Common, near the end of a place called Green-lane.

Q. What time of the day had you seen it? - I had not seen it from the morning it was taken till the next day.

Q. When did you miss it? - It was missed about eight o'clock; my man missed it. Thomas Reeves .

Q. When did you see the horse last before you missed it? - I see the horse about a quarter after six in the morning, that was the last I see of the horse, when I sent it to the common.

Q. Then you did not see it on the common? - I did not.

Q. Who did you send it to the common by? - By a son of mine about nine years old.

Q. When did you see your horse again? - On Tuesday evening, between and six o'clock.

Q. What day of the week was the 24th? - Monday.

Q. Where did you see it next? - I see it in a stable, in a place called Hog Island, a place in the parish of Mary-le-bone, near Cumberland-place, at the back of Messrs. Ward and Harpur, the Cowkeeper's.

Q. By what marks did you know the horse again? Was it altered in appearance? - Yes, the prisoner had cut the mane, and mangled the hair of its tail.

Q. By what marks did you know your horse? - He is rather vicious in dressing, and he has two of his teeth broke out before, by reason of his biting people; they were broke out before I bought him.

Q. When did you see any thing of the prisoner? - I took the man on Tuesday

myself, with the assistance of another man, whose name is Grissin, he keeps a public house he would have been here to day, but is licence day, and he could not possibly come. When I took him I told him that he must go back with me, for I had a strong suspicion that he stole my horse the night before; he says, I will go any where with you. He then came back with me about a hundred yards, and he began to cry, and said, if I would but forgive him, he would tell me where the horse was.

Q. Did you take him before you had seen your horse or after? - Before. He informed me where my horse was.

Q. Did you promise to forgive him? - I told him I wanted to see the horse, very possibly it was not my horse; he says; it is your horse and I know it; but I have cut his mane and tail; and says he. it is in such a place. I took him to Paddington, to a public house, the sign of the King and Queen, and I sent him for a constable, and from thence I sent him down to Marlborough-street; the magistrate then ordered a search warrant, and sent one of the officers along with me, and we went and found the horse according to the description that he had given before.

Q. Are you positive it is the same horse? - Yes.

Prisoner. When he first met me on the road, I told him that I had got the horse which I took in my drunkenness, but the horse is very safe; he said, will you go along with me? I said, I will go with you; and we went to the Red Lion, and when we got to the Red Lion he said he would forgive me if he could get the horse; and when he and the constable went in with the search warrant, I stood at the door, and the constable went in to look at the horse, he told me to run away any where from the door, as soon as he had seen and was satisfied it was his horse. He knows I only took the horse in a frolic.

Court to Prosecutor. Did you say to him that you would forgive him? - No, I did not. I lost a mare about this time twelve month, and I have a strong suspicion that this is the man that took it.

Prisoner. I have been at home but nine weeks from abroad.

JOHN BISHOP sworn.

I am a coach maker; I live at Westburne green, the other side of Paddington.

Q. Do you know the prisoner? - I have seen him twice before.

Q. When did you see him? - I see him a horse back on the 24th of last month, in the evening, coming by me at the corner of the Black Lion-lane, in Westburne-green.

Q. How far from where Mr. Westbrook lives? - Perhaps three quarters of a mile.

Q. What time of the evening? - Between seven and eight.

Q. What sort of a horse was he on? - It appeared to me to be a kind of a darkish bay.

Q. Did you know the horse? - I see it many times on the common.

Q. Did you know whose it was? - No, I did not till I was told.

Q. Did you give any information to Mr. Goton about it? - I did not.

Q. Have you seen the horse again? - I did, in Marlborough-street.

Q. Do you think the horse that you see in Marlborough-street was the same that you see the prisoner on? - I have reason to think it was, but it was, much altered.

Q. How was it altered? - The mane and tail had been cut.

Q. But though the mane and tail was cut, do you think it was or was not the same horse? - I must incline to think it was the same indeed.

Q. Did you say any thing to the prisoner about the horse? - When he came opposite to me he made a full stop, and said to me this is my officer's horse.

Q. Did he know you before? - I believe he had seen me there a night or two before that.

Q. What size was this horse? - I cannot say; I am no judge of horses; it may be thirteen or fourteen hands high.

ELIZABETH BOSWELL sworn.

Q. You are the wife of Thomas Boswell ? - Yes.

Q. Where does your husband live? - In Hog-lane; he is a coachman to a lady.

Q. Does he keep a stable? - No, the coachman that my husband serves he keeps the stable.

Q. Did you ever see Jehn Grissishs before? - Yes, I see him before.

Q. Have you any thing to say about him? - He brought the horse to our stable the 24th of August, about eight o'clock at night he asked me leave to leave it there all night.

Q. Did he know you before? - Yes.

Q. Whose horse did he say it was? - He did not say whose horse it was. I told him he might leave it there for that night, but not any longer, for fear my husband's mistress should be angry.

Q. Was there room in the stable besides your mistres's horses? - My husband's mistress's horses were not in at that time.

Prisoner. I wish to ask her, whether the next morning I did not tell her it was a stray horse, and that I meant to have it advertised, as I did not know whose horse it was.

Boswell. Yes, he did say so the next morning.

THOMAS BOSWELL sworn.

Q. You are a coachman? - Yes.

Q. Do you know any thing of the prisoner, John Griffiths , bringing a horse to your stable? - He did bring a horse, but I was not at home.

Q. Did you see him afterwards? - Yes, I see him afterwards, the next morning.

Q. Did not you see him on Monday evening? - No, I see him the next morning about nine o'clock.

Q. What did he say to you then? - I examined him about the horse, and I gave him a caution to take the horse away, because my fellow servant would not be pleased at seeing the horse there.

Q. Did you hear the prisoner say where he had the horse, or whose horse it was? - No, I did not.

Q. You did not, upon your oath? - I did not.

Q. Have you been examined before the justice? - Yes.

Q. Do you recollect what you swore there? - Yes.

Q. Do you say now, on your oath, that the prisoner never told you whose horse it was? - No, he never did tell me whose horse it was.

Q. Will you swear that you did not see him at twelve at night on the 24th? - Yes.

Q. You did not see him till nine the next morning? - I did not.

Q. Who did you live with at the time? - I was driving a job at the time that the horse was brought there, for Sir Robert Fitzgerald .

Q. Who was your mistress at that time? - My job was Mr. Titterson's, in Mount-street.

Q. In whose service was your fellow servant? - In Mrs. Thomson's.

Q. Who is Mrs. Thomson? - She lives in upper Berkley-street; it was her stables where the horse was put.

WILLIAM JACKSON sworn.

Q. Are you a constable? - Yes.

Q. You had a search warrant at Marlborough-street? - Yes.

Q. Where did you find the horse? - In a stable in a place called Hog-lane, in the parish of St. Mary-le-bone.

Q. Was that the stable where the person's horses were kept to whom Boswell was coachman? - Yes.

Q. Where did you find the horse? - On the 25th of August, about four in the afternoon.

Q. To Bosewell. What time did Griffiths take away the horse from the stable the next morning? - He did not take it from the stable.

Q. To Jackson. What time did you find it there? - About four o'clock; we took it away about five or six; we waited till the coachman came home.

ELIZABETH HOYNE sworn.

The prisoner came to our house, and I see him pass with the gentleman's horse.

Q. Where do you live? - On Westburne-green.

Q. What day was it? - On the 24th of August; about half after seven in the evening.

Q. Did you say any thing to him? - He asked me if there were any of his comrades at our house. I told him no.

Q. Did he say any thing more to you? - No.

Q. What coloured horse was it that you see him on? - A bay horse.

Q. Is your house a public house? - Yes.

Q. To Prosecutor. What is the value of this horse? - About five pounds. I was bid five pounds one shilling for him last night.

Q. Are you sure the horse that you found was the same horse that you lost? - Yes.

Prisoner. When the prosecutor met me on the green he challenged me with the horse, and I told him I would tell him where it was; and when we had walked some distance on the road, he told me if I would tell him where it was he would freely forgive me, and I begged and prayed that he would for it was merely a drunken frolic; I told him that I met the horse on the road. Accordingly we went into the Red Lion, and Mr. Townsend came in and asked me whether he had got me in custody? he said, he had; he said, he hoped he would keep me. As soon as Mr. Townsend was gone from the room, he said, as soon as I have gone in and seen the horse and was satisfied that it was his horse, do you make your escape, and told me to run as fast as I could, and that I might run any where,all he wanted, he said, was to have his horse. I immediately spoke to the man that was with him, and says, that I did not think he would do what he said; the man said, he would be bound for him that he would, and I said, I hoped he would, for I would not wish for it to go to the regiment. We went from there to the King and Queen, in Paddington, and we had some bread and cheese there, and he charged me with the constable there. As to the mane and tail of the horse it was as I found it.

Q. What corps do you belong to? - The second regiment of the Queen's dragoon guards; part of them lay now at Norwich. The paymaster of the regiment was to be here, but I don't know the reason he is not here.

GUILTY . Death . (Aged 23)

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

Reference Number: t17950916-5

378. THOMAS IZZARD was indicted for feloniously and burglariously breaking and entering the dwelling house of Ann Willis , about the hour of two in the night, on the 12th of August , and burglariously stealing therein, one bed, value 5s. five silk window curtains, value 30l, and an enamelled snuff box let round with rose diamonds, value 5l, the goods of the said Ann Willes .

WILLIAM SHIPPEN WILLES sworn.

Q. Were you in your mother's house on the 19th of August, the day it was broke open? - Yes, I was.

Q. When were you first alarmed? - Between two and three, as they told me.

Q. When you got up could you distinguish where the entry had been? - Yes, it had been made by the dining parlour window.

Q. How did it appear to be affected? - The window was not up, the blind was cut in two places, and the window shutter was broke all to pieces, it had been effected by listing up the sash.

Q. It was an inside shutter, I suppose? - An inside shutter; the sash was down, but the bolt of the sash was not fastened.

Q. What street did the dining room look into? - Into Hereford street, Park-street, in the parish of St. George's, Hanover-square .

Q. When you came down, in consequence of the alarm, in what state did you find the furniture, of the house? - I found several parcels tied up; among other things there were five silk curtains tied up, a bed, and four small inlaid boxes.

Q. Did you find an enamelled box? - No, I cannot speak to that. Two silk curtains belonging to the drawing room, and two belonged to the dining parlour; they were not up, they were taken down when the family went out of town, and put up in clothes.

Q. You had not seen them the day before? - Not to observe them.

Q. Did you examine any other parts of the house? - We examined the whole of the house, and found the stable door was open, and the area door was open, that is unlocked, and the house door was unlocked.

Q. I believe the persons, whoever they were, that had broke in, had made their escape? - We found none in the house. There had been two or three locks picked open; the locks of two small boxes and one chest, in which they found the two boxes.

Q. Does the stable communicate with the house? - It does.

Q. I don't know whether you was present in the stable the next morning? - No, I was not.

Q. What is your mother's christian name -Ann.

Mr. Alley. This transaction must of course take up a considerable portion of time? - No doubt.

Q. Now you will tell me in what manner it was usual to fasten the parlour window? - I cannot speak particularly how it was fastened that night. My mother has not long had the house.

Q. I take it for granted that there is a kind of bolt used for keeping the shutters fast? - I cannot say that.

Q. Do you or your mother pay the rent of the house? - It is my mother's house; I have nothing to do with it.

WILLIAM JONES sworn.

Q. You was servant to Mrs. Willes at the time this matter happened? - Yes.

Q. Do you know how the dining room was fastened that looks into Hereford-street? - The shutters shut from the top to the bottom, and then rasten by a bar which goes across the middle I went round the

house as the clock was striking eleven, to see that all was fast; they were fastened with the bar that went across, I fastened them myself in the dusk of the evening.

Q. Did you fasten it compleatly? - Yes.

Q. In the usual way in which they were fastened? - Yes.

Q. Had you, fastened the asp of the window? - I had positively, both sashes; In the dusk of the evening we always make it a rule to go round.

Q. Did you go into the stable? - I fastened all in the stable, between the hours of four and five, or six in the afternoon, all the three doors; the main door has three bolts.

Q. Do you recollect particularly bolting it that evening? - I do.

Q. What time did you receive any alarm? - It might be just as the watch was going half past two; I was alarmed by some dogs in the street making a great noise; it might be about ten minutes after that I perceived a shadow of a light come in at the room door, and go all round the wall.

Q. Where was your room? - On the top of the house, in a small garret. I did not notice that for some time, but presently I heard the screaking of a door, or of a man walking with screaking shoes, as it seemed to me, that alarmed me, and I got up and listened, and I heard nothing; then a light came all of a sudden, which lighted the room all over, then I got out of bed and alarmed a woman that lays in another room across a little passage; I heard no more till I came back from her, then I heard a kind of shrill voice say, don't go any further, the d-ed people were up there.

Q. Where did this voice come from? - It appeared to be on the stone stair case, as you come up the garret stairs; with that I was so frightened I had not power to speak for a few minutes; then the woman said, when I came to myself, call the watch; I immediately ran into the room and called the watch, then I called for the watchman, and he sprung his rattle, then I see the watchman turn down the area, and come into the house, then I went to the garret stairs and went and called my master; I cannot say whether I walked down stairs or tumbled down, I was so frightened. With that we searched the house, but we found no one person in it; there were some things packed up, two packages laying in the porter's half, going out of the front street door, and some in the servants hall below stairs, close to the area door; and a bed which I used to sleep on, was put into the area.

Q. Do you know what the bundles contained? - The bundles contained table linen.

Q. Any silk curtains? - Yes; they had been packed up, having been taken down before we went out of town; there were three silk curtains in one bundle, and two damask curtains in another.

Q. Where were they carried to? - They were in the porter's hall, they were not there the night before; the silk curtains were packed up, but the damask curtains were not, they were laying down; the silk curtains were in a cloth, but they tied them up in another strong table cloth.

Q. Were the damask curtains silk or damask? - I cannot say.

Q. Where were they the over night? - In the parlour.

Q. After this did you go into the stable? - Yes.

Q. How did you find the stable door? - I found them all open.

Q. Did you go into the stable the next morning? - Yes, between nine and ten.

Q. Did you find any thing? - Yes, I have got the articles into my pocket, several trinkets.

Q. Do you know whether or not they are the property of your mistress? - I can not say.

Q. Is there any snuff box there? - No

Willis. They are only a few garnets and beads, of no sort of value, I cannot swear to them.

Jones, I found them at the bottom of some steps that goes out into the stable.

Q. Did you see the window before Mr. Willis saw it? - Not to my recollection.

Q. Did you see it together? - Yes; the sash was down, not fastlened down.

Q. Was there any fastening to the sash? - I don't think there was.

Q. What was it that you said about dusk? - I went round then and fastened all the shutters.

Willis. There was a hasp to the sash, but it appeared to be broke, or so stiff that it could not be used.

Q. To Jones Do you recollect any thing about fastening the hasp? - No, I do not.

Mr. Alley, I take it for granted that you usually fasten the hasp when you go round? - The window was down, and I cannot say further.

Q. But it is your usual way? - Yes, it is.

Court. Where did you find the iron bar? - The bar was not taken from the shutter, but the wood work was cut out, and two iron hinges broke in two, and the wood shoved out from under the bar.

JOHN WADE sworn.

I am a watchman.

Q. Did you make an alarm on the night of the 19th of August? - I did, near on half past two.

Q. Where is your beat? - In Park-street, joining to Green street, rather better than an hundred yards from Mrs. Willis's house; the rattles seemed to me to spring from Oxford-road, and I directly went away from my beat to go to the rattles, and just as I got to the corner of Hereford street, another watchman that is not here, ran over with his light.

Q. How far is Mrs. Willes from the corner of Hereford street? - It may be ten or twelve yards; Mr. Willes is the second door from the corner of Park-street; just as I was going to turn the corner, the prisoner at the bar was standing rather against the post, or near to it, whether he touched it or not I cannot pretend to say.

Q. Where was that post? - The very corner of Hereford-street; after I past him I thought that he made a step to follow me,but he did not, I thought he was coming after me to follow me up to the door by his movement, but he did not.

Q. Are you sure that is the man? - I am; in about ten minutes after that he came to me at Mr. Willes's door, and one of the Mary-le-bone watchmen was along with him, and I said to the Mary-le-bone watchman, making an observation on Mr. Willes's house, that some of the glass was broke.

Q. What pane of glass did you allude to? - It was the parlour window, the lower one.

Q. You mean of Mr. Willes's house? Yes, the nearest square of glass to the front door; with that the prisoner at the bar comes up -

Q. Had he come up before you made the observation? - We were looking at it when he came up, the prisoner comes up and says, d - mn me, hold your lanthorn over there, and let me look, it is impossible for any man to get in there; I made him answer and said. I don't know, they might for any thing I can tell; he then says again, I am a man of property, and perhaps of as much property as the gentleman that belongs to this house; I then made answer to him, perhaps you

may, for any thing that I know, and if you have you had better to be at home minding of it, than to be out at this late hour in the morning; after that he directly walks round the corner in Park street, he was then absent from me about ten minutes longer; he then comes back again, and comes up to the door, I set my lanthorn down at the front of the door, on the step; he then fits himself along side of it; Mary le-bone watchman said, it is pretty near three o'clock; yes, says I, I believe it is; the watchman then went away, and I walked over to the other side from the street, facing Mr. Willes's door, and the clock had struck three whilst I was there standing; he said watchman, you may go and cry the hour,(he was then sitting by the side of my lantorn, at Mr. Willes's door, at that time) you may go and cry the hour, I will sit here at the door, as I am a man of property, while you are gone; and I made reply again, I do not want you to tell me my duty, if I don't know it, I will not ask you to shew it me; with that he got up and walked away, went round into Park-street.

Q. You did not see him any more? - Not till he was brought back again to Mr. Willes's house.

Q. Was this glass of the window broke? - No, it was the curtain made it appear so.

Q. But you thought it was broke when you made the observation? - Yes, when we made the observation.

Q. I don't know whether you were present when the prisoner was searched? - I was not

Mr. Alley. I believe at the time the prisoner came up to you, he was pretty much intoxicated? - I did not perceive it.

Q. Do you mean to tell me that you did not know at the time the prisoner was not in liquor? - I cannot say whether he was or was not, for I did not take that particular notice, he might have had a little drop, but I cannot presume to say.

Q. I take it for granted you are very attentive to your duty? - Yes.

Q. If any man had been breaking into this house you must perceive it? - I do not go near the house, no nearer than Green-street Chapel, which is rather better than an hundred yards to the front of Mr. Willes's door; the chapel is on the right hand in Park-street, and Mr. Willes's house is on the left hand of Park-street, in Hereford-street; my beat from the chapel is to come forward to Upper Brook-street, Grosvenor-square, and then back again up into Park-lane, and part of Norfolk-street.

Q. What time do you go on your beat? - At nine o'clock.

Q. And you remained there until this period? - Yes

Q. How often do you walk up and down on this beat? - Every hour, and every half hour.

Q. It was after that the watchman said he supposed the window was broke, that this conversation passed with the prisoner? - It was; I thought he had been a servant in the house at the time.

Q. If he had pleased to have gone away, you would not have prevented it? - He might have gone away from me.

Mr. Knowlys. If he had been in a state of complete intoxication, must not you have observed it? - she had I must have observed it, but he might have had some little.

JOHN DAWSON sworn.

Q. You are a watchman; where is your beat? - One half in Mount-street, and one half in Park street.

Q. Did you hear any rattles spring on the 19th of August, at night? - I did not, the patrol called to me, and told me that there were rattles springing.

Q. Where did you go in consequence of that information? - I went along Mount-street, and made for Park-street; after I got into Park-street I see the men go along with their lanthorns very fast, and I pursued after the lanthorns, till I came into North-row, there I see a parcel of watchmen.

Q. Is that at the back of Hereford-street? - It is; I asked the watchmen what was the matter? and they said there was a house broke open; after that I was making into Mr. Willes's stable.

Q. How was the door of the stable? - Wide open, the door opens into Northrow; I was going into the stable to see what was the matter, I met the prisoner at the bar coming out; I am certain he is the man; as he came out of the stable he looks up to the top of the house; I see he had a pair of turned down top boots, the straps turned down, and I judged him to be a servant belonging to Mr. Willes's house, I took no more notice of him, but goes on through the stable into the house, where I see Mr. Willes with a poker in his hand, and his servant along with him; we hunted about the house, but could find nobody in the house.

Q. Did you see this man. the prisoner, again? - I never see him till after I came out of the house.

Q. Did you communicate what you see to Mr. Willes? - I did, after a bit; the servant went and got the keys of the stable, and he said, he could not think which way the door was unlocked, and unbolted, for he found the key in the same place where he put it at five o'clock in the evening; I made answer and said, I dare say it was your fellow servant, for I met your fellow servant coming out of the stable.

Q. What did you do in consequence of what the servant told you? - As soon as the servant told me he had no fellow servant, I went out of the house and asked the patrol where that man was, with a pair of boots on? he said, he had been black guarding there, and had gone down to Park-street; with that I immediately set out after him, and told them if I could see him I would bring him back again; I overtook him just in the middle of Grosvenor-street, as he was crossing out of Park-street; I catched him in the centre of the street, I clapped my arm on his shoulder, and I told him that he was my prisoner, for I took him on suspicion of breaking into Mr. Willes's house; he told me I had no business to collar him, for he was a gentleman of property, and he would not go back with me, I told him he should, and I kept hold of him till I met the patrol.

Q. Did he go back willingly or not? - Not very willingly.

Q. Did he say he would not go back more than once? - Not more than once; I said I would take him back to Mr. Willes, and if he chose to set him at liberty, well and good, but I did not; I took him back only part of the way, and then delivered him up to the two patrols, and they carried him to Mr. Willes.

Mr. Alley. You say you were going your beat, and that extends part of Park-street, and part of Mount-street; I take it for granted that it is usual for each watchman to go their own beat? - Yes.

Q. Unless on extraordinary occasions you do not go out of your beat? - We do not.

Q. It was after the rattles sprung that you came out of Mount-street? - I did not hear them spring, I was told they sprung.

Q. But in consquence of that you went into North row? - It was.

Q. You say that you went into the house, and the prisoner had passed you, and you met the gentleman of the house,

and his servant, and you examined the house along with them, that occupied some time; now what distance was it that you met the prisoner, from the house, when you apprehended him? - I cannot say positively, I dare say it may be about an hundred yards.

Q. How long might you be occupied about the house? - Nigh half an hour.

Q. And you found this man only about four hundred yards from the house.

Court to Jones. You had bolted the outer stable door, had that a lock to it? - Yes, the outer door had a lock, and I took the key from that door, and the key of the coach-house, and laid them on a shelf in the kitchen.

Q. Where did you leave the other keys? - I left them in the door.

Q. And found them in the door - Yes.

Q. Where did you find the key of the outer stable door? - On the shelf, where I laid it, in the same place

Q. To Wade. Did you see any thing of Dawson that night? - I never see him till he came out of Willes's house.

Q. Then you had not given Dawson any information? - No.

Q. You never see the prisoner near the stable? - No, I never see him nearer the stable than the corner of the street.

Q. You had seen the prisoner before you see Dawson? - Yes, I had.

Q. Had you seen him in Park-street before Dawson came out? - Yes; I heard him enquire which was the way; he had gone near ten minutes before.

Q. To Dawson. You said that when you apprehended the prisoner, he was about four hundred yards from Mr. Willes's, and you then had been about half an hour about the house; from what time do you mean? - From the time that I see him till I went out after him; we had been looking about the house about half an hour.

Q. How long was it after you came out of the house, before you see Wade? - Not a minute, I don't believe it was, for he stood right facing the door; I was speaking to the patrol as well as Wade, and asked them where the man was? and they said he was gone down Park-street.

Q. Then you pursued down immediately on the information that you received from the patrol? - Yes.

Q. How long was it before you took him? - Not above three or four minutes; he was speaking to a watchman in the street.

RICHARD STOKO sworn.

Q. You are a patrol? - Yes.

Q. Did you go to this house in consequence of any alarm? - Yes; I was standing in Park-street, at the head of Mount-street; the watchman was going half past two, I heard a rattle spring, and I apprehended it was from Oxford-road; I ran along Park-street as fast as I could; I went into North-row, seeing a number of the watchman standing about the stable door; the stable door was open.

Q. Whole stable door? - Mr. Willes's stable door. I immediately went into the stable, which communicates with the dwelling house.

Q. When you went into the stable had Dawson come up? - Dawson was up before me; he out ran me; he was the first person that I see in the house after going into the body of the house; I likewise went along with Mr. Willes and the servant, in order to search the different rooms and apartments. After I came out I see the prisoner at the bar standing at the corner of Hereford-street, in Park-street, when I went into the stable I went through the house, and came out at the area door, in Hereford-street; after com

ing out of Hereford-street I see the prisoner at the bar, standing at the post, at the corner of Hereford-street, in Park street.

Q. Who was with you? - William James, the other patrol. Says he, gentlemen, I think it would be more proper for you to be on your walks, than to many of you here. I made answer, that it was our duty to come to the sound of a rattle, or any cry, that we did not mean to stay any longer than such a sort of business required. My partner, James, then spoke to him; he said to him, who are you sir. who are so very inquisitive about our business: He made answer and said, that he was a man of property, and a housekeeper, and very probably he had as much to lose as that gentleman whom they had attempted to rob. I turned about and went to the patrols that belong to that ward. I did not see him again till Dawson took him.

Q. Did he say any thing more before Dawson took him? - He said an hour or half an hour was no object to him, and he would wait there to see that we all dispersed. I see no more of him till Dawson had him in custody, four or five minutes after, as near as I can recollect.

Q. Dawson delivered him into your custody? - Yes.

Q. Where did you take him? - To Mount street watch house.

Q. Did he go quietly? - Yes. He wanted to go by the way of his own house; we told him he must not, he might send for any body he wanted when he got to the watch house.

Q. Was he searched? - Yes.

Q. Was any thing found on him - Nothing but a bit of chalk and a bit of twine about fifteen inches long.

Mr. Alley. The time that the prisoner gave you a bit of civil advice, was the first time that you had an opportunity of seeing him? - It was.

Q. Did you disperse after this? - We did, as soon as Mr. Willes had fastened the door and windows.

Q. Did you see any thing of Wade that evening? - Yes.

Q. Where was Wade when you first saw him? - He was at the front of the house in Hereford-street.

Q. Had you seen the prisoner or Wade first? - I see Wade first about half a minute.

Q. Had you heard any conversation between the prisoner and Wade? - I had not.

Prisoner. I am not guilty of the burglary, nor do I know any thing at all of it.

THOMAS HAMPSTEAD sworn.

I am a hair dresser, in Berry-street, St. James's.

Q. Do you recollect being at any time in company with the prisoner at the bar? - Yes, I did; at the Swan, the corner of Berry-street, on the 19th and 20th of last month.

Q. Pray where did the prisoner live? - I really cannot tell you, somewhere about Grosvenor-square.

Q. Were you and he drinking together that evening? - We were. I was superintendant in the house this day; the landlord of the house was out of town.

Q. Pray what time do you recollect the prisoner came there? - The prisoner came to the house about nine, within a few minutes under or over, on the 19th.

Q. What day of the week? - I cannot recollect. He left the house about a quarter or it may be twenty minutes, I cannot be particular to a few minutes, or half an hour after one in the morning.

Q. How had he been occupied during the time he was in the house? What I want to know is whether, in point of fact, he had been drinking during the time

he had been in the house? - He had. He expected two or three to meet him there.

Q. Do you think he was perfectly in a sober state when he left the house? - No, he was not; I cannot pretend to say he was.

Q. Had he been drinking a deal of liquor? - He and his friends had been drinking a few pots of beer; but they got some spirits in the mean time, though I did not serve it them, I got it for them, and they paid me for it. I should have thought bed would have been the best place for him.

Q. What is he? - A coachman

Mr. Knowlys. Perhaps you would think that bed was the best place for every body at that time of the morning? - Yes, it would.

Q. He expected some friends to meet him there? - Yes, he had three or four friends come there about half after nine.

Q. And they all went out together? - Yes, altogether.

Q. Did you know any of these friends? - Really I cannot tell that. I knew but one man, and he has gone into the country with a gentleman.

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

Not GUILTY .

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

Reference Number: t17950916-6

379. WILLIAM RAINSLEY was indicted for feloniously stealing, on the 23d of May , half a guinea ; the money of John Rowning .

JOHN ROWNING sworn.

I wanted to convey a letter to Mr. Brathwaite, to return half a guinea that he sent me by my little girl, which, for particular reasons, I did not think proper to accept; I wrote it at a watchmaker's shop, in Holborn, one Mr. Pearce's.

Q. When was this? - On Saturday, the 23d of May, between ten and eleven in the morning. I wrote the letter to Mr. Brathwaite; I said, 'Sir, ingratitude is not my characteristic, nor I hope never will be; it is impossible I can permit the inclosed to be received, it was given to my little girl.' I then inclosed the half guinea in a piece of paper, and then put the paper and half guinea into the letter, wafered it, and then sealed it carefully down with an instrument from the watchmaker's shop board.

Q. Did you wafer that bit of paper that you put the half guinea in? - No, I did not.

Q. Did you fix it under the seal? - No, I did not; but I put it in that situation which I conceived more secure; then I put it in the letter, and put a cover over that letter to prevent its being soiled.

Q. But before you put this cover on this letter, did you put a wafer to this letter? - Yes, I secured the letter very proper as I thought.

Q. The letter was secured by a wafer you say, did you put a cover over that? - I put a piece of paper over that to prevent its being foiled.

Q. Where did you put the direction? - On the letter, and I put the blank cover on it, to prevent my hand from dirtying it.

Q. Was that blank cover sealed? - No, it was not. I made a reference to Mr. Pearce, he was at work in his shop, says I, do you think this is safe? I wrote the letter and put the half guinea in it in his shop; I then said, I wished that I had somebody that I could send this letter to the Post office by; Mr. Pearce made answer, if my porter was in the way he should take it for you, but he is not. I then went down to the porter's house and I saw the porter's wife, the prisoner's wife,

Rainsley, he is porter to the foreign office, I asked where her husband was? she said he was up at the office; I asked her if the would be so obliging as to let her daughter deliver that letter to her husband, to deliver it to Mr. Braithwaite.

Q. Who did you deliver it to? - To the porter's daughter. She returned in the course of twelve or fifteen minutes; says she, I have delivered to him, and he will deliver it directly. I said, my dear, I am very much obliged to you, I have no money now, if I had I would give you something for your trouble. I returned again the same evening between eight and nine o'clock, and I see the prisoner standing at the door, I said to him, Rainsley, did you deliver that letter to Mr. Brathwaite? he said, no, he had not; I asked what was the reason? he answered, because he was out of town. I was satisfied with that answer, and conversed with him for some time after, it may be twelve or twenty minutes; I said, you will give me the letter I will not trouble you, I will take it to the house myself, and give it to his maid; I said, I am sorry you have neglected delivering it, I wish you had left it He said, no, sir, I will deliver it on Monday; I said, I will not trouble you as you have not delivered it, I am determined to take it myself. After some hesitation I was admitted into his room where he lives, and before I got in I heard a kind of whisper, a found like 'st 'st; when I got in, I said, Rainsley, give me the letter, if you please; he gave it me, and prior to the opening of that letter I said, Rainsley, Mrs. Rainsley, and young man, come here, and I opened the letter before them, and the half guinea was gone

Q. Rainsley gave you the letter you said? - Yes, or his wife; I cannot tell which, out of a drawer in the house. I imagined the half guinea was gone, frora the outside, before I opened it, and when I opened the letter I read the contents to Rainsley, and I said to Rainsley, where is the contents, the half guinea? he said there was no half guinea; I said, there was an half guinea, and by God it must be returned; he said, it was a likely story that I should send Mr. Brathwaite half a guinea; I told him I should not condescend to explain to him the reason, but there was half a guinea sent to him in the letter. Then he abused me very much, he insulted me very much, and took a view of my dress, and the son also. I felt myself very much hurt.

Q. Was the paper in the letter? - The paper nor the half guinea was not there.

Q. Was it put in so loose that it might tumble out? - From the appearance of the letter the wafer was opened, but I do not present to swear that.

Q. Did you give the letter with the wafer wet or dry? - Dry.

Q. From the appearance of the letter or wafer, did you expect any thing had been done to it at the time? - No, I did not at the time. I then left the house and went on Monday morning to Guildhall.

Q. Did the wife say any thing at this time? - No, she returned abuse, and treated me with a vast deal of contempt, in consequence of my supposed authority. I went, on Monday, to Guildhall, and related to Mr. Alderman Coombs what I have related to your lordship and asked his advice, he answered that it was a very awkward piece of business, and he thought I had better drop it.

Q. Do you happen to know the fact one way or the other, whether Mr. Brathwaite was or was not in town? - I cannot ascertain that. I endeavoured to subpoena him to prove that, but he is gone out of town a very great distance.

Q. You have not had your half guinea? - No, I have not.

Mr. Fielding. Look at these gentleman. How long is it since you was dismissed from the Post office? - Four years last May.

Q. You was before that time a clerk in the office? - I was.

Q. How long has that man at the bar been at the office? - A long time.

Q. When was it you presented your memorial to the Post office for reinstatement, in consequence of which the secretary and Mr. Brathwaite sent you half a guinea a piece? - In the month of April.

Q. Before I go any further be so good as to tell these gentlemen how you get your living now? - By honest labour. I am in the army way.

Q. Who did you send your memorial by? - By my little girl.

Q. Was there any thing given to your little girl? - No, it was money that I claimed.

Q. Was no money given to your little girl? - Yes, this half guinea was given to my little girl, but I could not receive it, because I was defending myself against a report of Mr. Brathwaite's.

Q. How long was it before you took it into your head to return this half guinea? - I think I received it on Thursday, and I returned it on Saturday; I think it was the 23d of May.

Q. Where did you write this letter? - At the watch-maker's, in Holborn .

Q. How came you to write the letter there? - Because I knew the person, and it was near where I did my business; I wrote it there because I shewed my friend my resentment, and I went there to ask him to let his porter take it to save the expence of a letter.

Q. When you had written this letter, what was to prevent you from carrying it to Mr. Brathwaite yourself? - From point of delicacy, as I had been in the Post office I did not like to deliver it myself.

Q. How came you to take it to this man's house? - It was his duty to deliver it.

Q. Is his house at the office? - No, but he was on duty, and it was his duty to receive all letters directed to his superiors. I supposed to find the porter at home.

Q. When you found he was not at home, but his wife, why could not you have as well taken the letter yourself as send it by the child? - I have related the reason once, and I have no other reason whatever.

Q. In the evening you had the curiosity to come back again to the house? - Yes, and I will tell you the reason of that curiosity. There was a very unpleasant circumstance had happened at the office, and I wished to know the nature of it; but I had not the most distant doubt of his sincerity at the time. In the course of the conversation I asked him if he had delivered the letter? he told me he had not, "the reason was because Mr. Brathwaite was gone out of town; I was satisfied with that.

Q. You were not contented that he should keep the letter till Mr. Brathwaite came to town? - I did it from this principle, as I had no money to give him I would take it myself to Mr. Brathwaite's house.

Q. You was angry at him for not having left the letter in the office? - I was rather displeased.

Q. Then your letter was given you again? - Yes.

Q. Now you told us that you called his wife and the son when you opened the letter, for what purpose was that? - That they might all see the half guinea was not there.

Q. So when you said there had been a half guinea in this letter they were all angry? - No; they took a review of my dress and so on.

Q. Mr. Brathwaite was the occasion of your being dismissed from the office? - I fancy so; after he superceded me he said, the office wanted weeding, and he offered

me an annuity of sixty pounds a year to resign, which I refused.

Q. Did you do any thing else after the alderman had dismissed this complaint? - He said I had better summons him, and I took the summons myself, and gave it to his wife; and she said, go along you fool to Bath; and flung the summons in my face.

Q. Did he attend the summons before the alderman? - He did; but there was no merit in that, for he must. The alderman said he could not grant a warrant, I had better go to the grand jury, and relate my story there, he could not grant a warrant. This was on the 23d of May.

Q. When did you prefer your indictment? - As soon as the grand jury met.

Q. When you had indicted him you took him up by a warrant? - Yes, a certificate was given me, and he was taken up and carried before Alderman Staines.

Q. Did you opopose his being bailed there? - Not in the first instance; in the second instance I did. He abused me very much, and the clerk said it was not bailable, and there I left it. There were two gentlemen there ready to have bailed him I believe.

Q. Tell me when it was that you took it into your head to address a letter to my lord Chesterfield? - I took it into my head to write a great many.

Q. You wrote to him the 2d of July, I believe? - (A letter shewn him) That is my letter.

Q. Do you recollect the contents of the letter? - I dare say I do.

The letter read.

"My Lord, with the greatest respect and humility I beg leave to address your lordship, as his Majesty's post-master general, being a duty I owe myself in particular and the public in general, to acquiant your lordship of the following fact. In consequence of the last memorial I had of presenting to your lordship, I sent to the secretary for answer by my little girl; Mr. - knowing the child belonged to me, politely made her a present of half a guinea, Mr. Brathwaite also made her a present of half a guinea, which I could not permit to be received, and returned the half guinea in a letter by Mr. Rainsley, the porter in the foreign office; with the particulars of Rainsley's conduct; I shall not intrude upon your lordship's time, but only observe that I have related the whole of the transaction to the grand jury of the City of London, who have found a true bill against the said William Rainsley , for a capital offence, and he is committed to take his trial at the Old-bailey. The grand jury expressed their surprise that I did not acquaint Mr. Brathwaite of the robbery; I told them I did when I sent the half guinea. Mr. Brathwaite has permitted Rainsely to attend at the office, &c. without ever enquiring into the truth; and at the very time of his being taken from his duty Mr. Brathwaite ordered Messrs. - to bail the man, if Mr. Brathwaite did not know his duty, I knew mine, and could not permit him to be bailed, &c. A man in Rainsley's situation was not sit to be at large, he having the key of the foreign office, where there was much public trust."And concluding,"I humbly hope that your lordship, as his Majesty's post-master general will assist me in the prosecution, &c."

Q. Now, this letter you thought proper to address to his Majey's post-master general? - I did. That is my letter.

Q. Be a little more particular as to the manner how you continue to support yourself? - I have employment from different army warehouses, in making up gaiters, coats, knapsacks and things of that sort. I employ thirty and five and thirty people at a time. I took last week twelve or fourteen guineas of Mr. Shedwin, in Bedford-street, in the Strand.

Q. Who do you work for else? - Mr. Dodd, in Bow-street, Covent garden, and Mr. Gardener, in Piccadilly; just as orders come in. The week before last, prior to the finishing of the emigrant order, I had thirty-three or thirty-four people at work, mostly women; there was a woman's name Evans, that lives in South-street, Manchester square, I have employed her near two years in this way; there was also a woman's name Matthew; that lives in Mary le-bone-lane; there was a woman's name Gordon, that lives in Paddington-street.

Q. Now we will come back to this gentleman's house. The letter you say you delivered to the wife or the girl? - I delivered it myself to the daughter.

Q. And when you came back to the house the letter was given you, but, as you say, the half guinea was not in it? - Exactly so.

Q. Have you any other witness? - I have a witness that can prove my putting in the half guinea.

JOHN PEARCE sworn.

I am a watch maker, in Holborn, about two years.

Q. Do you remember on the 23d of May, Mr. Rowning coming to your shop? - Perfectly well. He related that he had received a present from Mr. Brathwaite of half a guinea; and he observed, that he could no in conscience put it into his own pocket, because he had an affair at take with Mr. Brathwaite. He then wrapped it in a small piece of paper and enclosed it in a letter, and then sealed it with a wafer.

Q. He first enclosed the half guinea in a small piece of paper; Did he put any wafer or seal to that? - I did not perceive that he did. He then put the piece of paper with the half guinea into half a street of paper and folded it up.

Q. Did you observe how it was solded? - I cannot describe that. He then sealed that letter with a wafer, and took an implement that we use and jagged the wafer to prevent its opening of itself; he then asked if my porter was in the way, that he might convey this letter for him to Mr. Brathwaite, at the Post office? I answered, he was not in the way, if he was he should take it down for him with pleasure, Mr. Rowning then put the letter into his pocket and went down, as I conceived, to the Post office.

Q. At the time that he enquired for the porter, will you take on yourself to say that the half guinea was in the letter? - It was.

Mr. Knowlys. Mr. Rowning drew your attention to what he did? - He merely asked my advice whether I supposed it would fall cut

Q. Perhaps he had the curiosity to ask you, as you had seen the half guinea put in, to have the goodness to accompany him, and to take care that it was delivered into the Post office? - No, he did not.

Q. He did not request you to attend him that there might be no mistake in the midway? - No, he did not.

Court. He carried away this letter? - Yes.

Q. Did he carry it away immediately, while it was yet wet? - It was yet wet.

Mr. Fielding to Prosecutor. (A letter shewn him) Is that your hand writing? - Yes, it is. This is the letter I afterwards sent to Mr. Brathwaite with the half guinea.

Q. You observe it is dated the 23d of May? - It is the 23d of May. (Read)"Ingratitude is not my characteristic,&c. (as before.) I inclosed the half guinea to you this day week, which Mr. Rainsley thought proper to detain the letter and embezzle the money."

ANN RAINSLEY sworn.

Q. How old are you? - Fourteen next November.

Q. Do you remember a letter being given to you by Rowning? - Yes; he came about ten or eleven o'clock, and said, Mrs. Rainsley, have you a little boy that will take this letter, and if you will lay out a penny or two-pence I will pay you when I have money, for I have not money now. My mother said she was very sorry he was so much like herself; he asked if none of the neighbours children would go? my mother said she did not like to trouble them; and then he asked if I would go? my mother said she did not know how to spare me, but as it was to oblige him I should go. I went up with the letter, and my father was gone up to Christ's Hospital.

Q. When was this, Saturday? - I do not recollect the month or the day of the month. Mr. Rowning desired me to give it to no one but my father, for my father to deliver it to Mr. Brathwaite.

Q. Not finding your father at the office what did you do with the letter? - I brought the letter back and laid it on the top of the drawers, the same as he delivered it into my hand. My father was gone to Christ's Hospital, as I understood, for one of the clerks of the Post office. Before I came back Mr. Rowning was gone, and that our lodger knows, she was securing the stairs the same time as he went out, before I came home with the letter. After this a gentleman came from Camberwell, his wife was very ill, and he came for me, and I went with him, and did not come home till Monday morning; I went about six o'clock on Saturday night.

Q. Were you at home when Mr. Rowning came in the evening? - I was not above a quarter of an hour going to the office and back again.

Q. Was your brother there at the time that man came in? - Yes; he is out at the door.

Q. Do you know what became of the letter? - When I went out it was on the top of the drawers, as Mr. Rowning left it.

Q. Did you see the prosecutor, Mr. Rowning, after this letter was delivered to you? - No, I could not, because I had not seen my father.

Q. After Mr. Rowning had delivered you the letter, did you see Mr. Rowning any more on Saturday? - No, I did not; I never saw him afterwards.

Q. Then you never told Mr. Bowning that you delivered it to your father? - No, he was gone before I came home.

Q. You are sure you never did? - Yes, I tell the truth.

Q. Then if Mr. Rowning has sworn that you told him so, he has sworn that that is false - I tell the truth.

Q. Mr. Rowning has sworn in plain terms that you told him that you had delivered that letter to your father? - I never see him till the Thursday after.

Q. Had you any conversation with him on Thursday? - No, I never spoke to him.

Q. Then you have never spoke to him after he delivered the letter to you? - No, never at all.

SAMUEL RAINSLEY sworn.

Q. You are a son to the man at the bar? - Yes.

Q. Do you remember Mr. Rowning coming to your house on Saturday about a letter? - Yes, I do. I reckon it to be about a quarter before nine.

Q. Who were at home of your family at that time? - There were my mother, my father, and my sister, and myself, and our lodger. He came to know whether my father had delivered the letter to Mr. Brathwaite, and my father told him he had not, because as he was not in town he could not deliver it till Monday.

Q. Was Mr. Brathwaite out of town? - Yes, I know he was, very well.

Q. What did Mr. Rowning say on that? - He said, can I see that letter again?

my father says to me, Sam, go and fetch the letter that laid on the top of the drawers. I went and brought it, and gave it into his hands; he came in doors with the letter, and my mother was ironing, and our lodger was sitting in the chair.

Q. Did you give him the letter before he came into the house? - Yes, I gave it him as he stood at the door. When he came in he broke open the letter and said, where is the half guinea that was in it? my father said, if there was a half guinea in the letter it is there now; he said, he would he upon his oath that he put half a guinea in the letter; my father told him that he knew nothing at all about it, and did not like such expressions in the neighbourhood, and he begged he would depart; and he brought a summons in about a week after from the alderman.

Q. Did you attend the alderman? - Yes; but Mr Rowning pushed me out and said I had no business there

Mr. Const. You were at the door when Mr. Rowning came? - Yes, I was.

Q. What time did your father come home that night? - About a quarter before two, to dinner.

Q. Did he take the letter then? - No, he did not; he took it up in his hand and said it could not be delivered before Monday, for Mr. Brathwaite was out of town.

Q. The letter lay then from the time that your sister brought it back till night, except when your father took hold of it. - Yes.

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

Not GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17950916-7

380. CHARLES JONES otherwise DAVIS was indicted for feloniously stealing, on the 14th of August , a silk handkerchief, value 5s. the goods of George Bowers .

GEORGE BOWERS sworn.

I had a silk handkerchief took out of my pocket, I think it was the 14th of August; it cost me seven shillings and three pence; I should suppose it was very little the worse for wear; it never was washed; it was on Snow-hill , opposite the church, on this side of Smithfield. I did not see any body take it at all; a woman that was sweeping the street said, there goes the man that picked your pocket; I turned round as quick as I could to pursue him; says she, him in the green coat; I called out, stop the pick pocket. I ran as fast as I could, and he ran likewise; but the crowd thickened, and he was taken about thirty rods from the place where he took my pocket handkerchief; he slung the handkerchief away, and it was picked up. I did not see the picking of the handkerchief up, but I thought I see it fly in the air.

PHILIP JOSTLING sworn.

I am a constable The property was delivered to me before the gentleman, at Guildhall, by the next witness.

ROBERT DAWSON sworn.

On Friday, the 14th of August, between one and two in the afternoon, I was at the end of the Old-bailey; I heard the cry of stop thief! I looked up Giltspur street, and I see the prisoner at the bar running; before I came up to him I see him throw the handkerchief out of his hand; I did not stop to pick it up then, I had it afterwards; I followed the prisoner and took him running, about one hundred yards off. The gentleman came up, says he, he has picked my pocket of the handkerchief.

I took the man to the counter, the prosecutor went with me.

Q. To Prosecutor. Did the last witness give you a handkerchief which he had picked up? - Yes; he gave it to me to look at, and asked him if it was mine? I told to the best of my knowledge it was.

Prisoner. I was coming down Giltspur-street, and I heard the cry of stop thief, and the man ran by me, and he crossed over towards Cock-lane; which is nearly facing, and in crossing over be threw the handkerchief from him. The man came and took hold of me, and let him run forward.

Not GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17950916-8

387. HANNAH WHEELER and MARY WHEELER were indicted for feloniously stealing, on the 13th of July , a silk purse, value 1s. five guineas, and four sixpences; the goods and monies of Bridget Wynn , privately from her person .

BRIDGET WYNN sworn.

I live at present, No. 68, South Awn street; but when my pocket was picked I was at a visit to Miss Cater's, No. 8, Devonshire-street, Portland square; I went along with the eldest Miss Cater to make some visits in Westminster, the 13th of July last; returning home, between three and four o'clock (in going we went through the Park, but in coming back again we walked through the street, up Charing Cross , that way) and just by Mr Drummond's, the banker, opposite to Craig's-court, I was hustled; Hannah Wheeler was on my right hand, and prevented my going forward; and I felt a pressure against me on the left hand side, and I found my pocket pushed up, and I looked round there was Mary Wheeler , the other prisoner, she seemed to want to push by me; I had no idea of what they were about as they were so genteelly well dressed. Presently, after a very genteel dressed man brushed opposite me, he had new boots and leather breeches on, dressed as if he had come off a ride or going out; brushed between me and the prisoner Hannah, and said, ma'am, that is the house that was attacked last night, meaning the crimping house, my servant that was walking behind me said, ma'am, have you lost any thing? I put my hand into my pocket and said, good God, James, I have lost my purse; on which he went after them, and took this woman, Mary, and brought her into Mr. Potter's, the haberdasher's shop, where I stood with her while he went in pursuit of the other woman and took her, and they were both taken to the watch-house.

Q. What sort of a purse was it you missed? - It was one of the patent purses, a striped one, whether it was a silk or a mixture I don't know; I gave four shillings and sixpence for it, but I had had it some time.

Q. What was in the purse? - Five guineas, and four sixpences of the new coin, and one shilling at the other end.

Mr. Knowlys. The commitment only said four guineas? - It must be a fault then, for I had five.

Q. You had been walking about London that morning? - No, I had been no further than through the Park. What makes me so particular about the silver that was in my purse, I stopped at Mr. Green's, in Bond street, where I laid out two shillings out of the three that I had. As near as I can tell, then, it must be from twelve to one.

Q. When the street becomes a good deal crowded; so from Mrs. Green's till you had some conversation with your servant, you had no conversation to consult your purse? - No, I had not.

Q. When you came to Charing Cross, I believe there was a great crowd there? - No, there were not, not above five or six people.

Q. The house had been gutted, had it not? - I don't know any thing about it, but the man that passed said, Ma'am, that is the house that was attacked last night.

Q. You say that one of the prisoners pushed against you, as if she wanted to pass you, as you wanted to pass her? - I was between these two women, the further woman interrupted my passing on, and the other seemed to want to pass me.

Q. You say there was a person came up to you in a blue coat, and caught your attention? - Yes.

Q. That happened before any charge was made against these two women? - Yes.

Q. I believe the woman went readily with you, and desired to be searched? -She said we were welcome to search her, and she turned every thing out of her pockets, and she asked, ma'am, did you find my hand in your pocket? no, I said if I had, you should not have got it out so easily.

Jury. Pray what time was it you were at Charing Cross? - Between three and and four; I believe it was.

ANN VINCENT sworn.

I know no further than a lady stopped at the door, and the heel of her shoe seemed to me to have gone into the ron rails; I never got up to see what was the occasion of it, I was at work, I never troubled myself any more about it; in about half an hour after a gentleman came in and said -

Q. Never mind what he said? - I know nothing more.

FRANCIS CLEWLY sworn.

I know nothing of the robbery, I only took one of the prisoners in charge, Richard Mundoy and another took the other.

Q. Did you search that prisoner that you took in charge? - Yes, I found that purse and some small matter of silver.

Q. Did you shew it to Mrs. Wynn? - I did, she denied that it was her purse; it was Mary that I had in charge; I had her a quarter of an hour before the other came in; they seemed not to know one another.

James Wood was called on his recognizance, and did not appear.

Both Not GUILTY .

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

Reference Number: t17950916-9

382. ELIZABETH HILL and SARAH DANCER were indicted for feloniously stealing, on the 22d of July , eight yards of dimity, value 1l. one yard and a half of cambrick, value 1l. a yard of muslin, value 3s. a muslin handkerchief, value 2s. a linen handkerchief, value 2s. a woman's linen cap with a lace edging, value 9s. the goods of Elizabeth Tidd , widow , privately in her shop .

ELIZABETH TIDD sworn.

Q. Where do you live? - In the City-road, facing the French Hospital .

Q. Do you keep a shop there? - I do, a linen draper's and haberdasher's .

Q. You are a widow we understand? - Yes.

Q. What day was it that this happened at your shop, that you have come to relate? - The 20th day of last July, about three

o'clock in the afternoon; the two prisoners came into the shop to look at some muslin handkerchiefs.

Q. Who was in the shop at this time? - Only myself.

Q. Did you know them by sight before, or were they strangers to you? - Entire strangers.

Q. On their asking to look at some muslin handkerchiefs, what did you do? - I shewed them some, they bought one, and paid me a shilling in part.

Q. What was the price they agreed for? - Half a crown.

Q. Did they both bargain with you? - They both whispered together, but it was Hill that bought the handkerchief.

Q. Who paid the earnest? - Herself.

Q. Was any thing said about it? -She told me she would give me the shilling, and she would come again by and by, and have the handkerchief.

Q. That you agreed to, did you? - Yes; then after a little while they left the shop and went out.

Q. Had they seen any other articles than the muslin handkerchiefs? - They looked at some cottons, a great many; they took them up in their hands as they hung up, and asked the price.

Q. What did they look at as they hung up? - Cottons for gowns.

Q. But they did not bargain with you for any of the cottons? - No.

Q. How long were they in your shop altogether at this time; what time do you imagine they staid? - I cannot say justly, it might be ten minutes,

Q. And then they went out together? - Yes, both together.

Q. Now did you miss any thing, either during the time that they staid in your shop, or after they were gone? - Neither, till a gentleman came to the door, and asked me if I had lost any thing (Mr. Algar.)

Q. How long after they wore gone, did Mr. Algar come to your door? - Immediately.

Q. Is he a neighbour of your's? - No, I never see him before.

Q. Then in consequence of some enquiry from Mr. Algar, did you then miss any thing? - Yes, I looked immediately, and desired him to run after them.

Q. On Mr. Algar's coming to you, what was it you missed from your shop? - The first was dimity, that stood in the window, and a gentleman's worked muslin handkerchief.

Q. Where did you miss the handkerchief from? - It hung in the window also.

Q. Then you acquainted Mr. Algar of this, and he went in pursuit you understood? - Yes.

Q. Now you see them come into the shop, and you see them go out of the shop? - Yes.

Q. What opportunity had they of taking these things, and your not observing them? - I did not see them, the door is at the edge of the window, and I was behind the counter.

Q. Does the door face the counter? - It is at the end, the counter goes up end ways to the window, and the door is at the corner.

Q. You missed only these two articles then? - Not then I did not.

Q. How soon did you see any of the prisoners? - Mr. Algar ran after them, and brought them back in a very short time, it might be five or ten minutes

Q. Had you before Mr. Algar brought the prisoners back, and after he had given you the alarm, missed any thing else? - No, I did not look, I was so surprised.

Q. Did he bring them back to your shop, do you mean that? - Yes.

Q. When they were brought to your shop, what passed? - There were another

or two with Mr. Algar, one was Mr. Pearce, and the other was a person named Hobdill, I think.

Q. When they were brought back to your shop, was there any search made? - The constable was with them, and they searched them, and then took them to the watch-house.

Q. Did you see them searched? - No, I did not, I was in the shop.

Q. What passed when they came back? - I asked them why they robbed me of my goods? they said they had got none; and while we were talking Mr. Algar brought the goods in himself; the constable was in before with the prisoners.

Q. Did Mr. Algar bring the prisoners back, or the constable? - The constable came in with them.

Q. What did Mr. Algar bring with him? - He brought all the property with him, some cambrick which I sell at twelve shillings a yard, near two yards of it, not quite; the dimity that I had missed from the window.

Q. You had not missed the cambrick till that time? - No; another muslin handkerchief I missed, and a dirty yard of muslin.

Q. Did he bring the muslin handkerchief likewise? - Yes, altogether, and about a yard of muslin, and a lace cap.

Q. As to two of these articles you had missed them before, but what do you say to the cambrick, the yard of muslin, and lace cap how do you know they were your's? - They were in the shop before, I am sure of it; they had been in a box where I had been taking some handkerchiefs out.

Q. Where did that box stand? - On the counter, where I was shewing them the handkerchiefs out of.

Q. Then the handkerchief which Hill had agreed for, was not the handkerchief that was taken away? - No.

Q. How lately had you seen them in the same box? - While I was looking the handkerchiefs out I see them.

Q. You are sure you see them then? - Yes.

Q. You had not missed them before Algar returned? - No, I had not.

Q. Where did you see them first afterwards? - As soon as Mr. Algar brought them in.

Q. What became of the things that were so found? - They tossed them over the pales before he got at them.

Q. I am asking you now as to your own knowledge, what became of the articles after they were produced at your shop? - Tied up in an handkerchief, and the constable took them with him.

Q. And they are here I suppose? - Yes.

Mr Knapp. You say you are a widow woman? - Yes.

Q. Have you any family live with you? - I had one daughter, but she was not at home.

Q. Have you any partner in your business? - No, none at all.

Q. How long before had you taken any account of your goods in your shop? - About three o'clock in the afternoon.

Q. Had you sold any article in the course of that day, the same sort as these we are talking about? - I don't know that I had.

Q. Will you take upon yourself to swear to the best of your recollection, that you had not sold any articles of the same quality in the course of that day? - I can, upon my word.

Q. How many persons do you think might have been in your shop, and purchased different articles, in the course of that day? - Nothing of that sort as I know of that day.

Q. Mrs. Hill was the person that looked at this box, that my lord has been asking about? - Yes, she was the person.

Q. And she was the person that asked you about the things; Sarah Dancer was looking about the shop? - Yes, she was.

Q. Then Mrs. Hill was the person with whom you had the conversation about the articles that you were shewing? - Yes, they stood both together.

Q. Mrs. Hill was asking questions about the articles that were in the very box where you lost your things from? - They were both looking together sometimes.

Q. When they were brought back, and asked how they came to rob you, they denied having any knowledge of the business? - They denied having any knowledge of it.

Q. Your shop is in the City-road? - It is in French-row, City-road, facing the French Hospital.

Q. How far is that distant from the City-road?

Jury. About twenty yards.

Q. I wish to know whether persons do not pass and re-pass by your door? - Yes.

Q. It is a thoroughfare? - Yes, for foot passengers.

Q. One end comes into the City-road, where does the other end go into? - Into Old-street.

Q. You do not pretend to recollect how many persons had been in your shop in the course of that day? - I have very few.

Q. Can you guess about the number? - I cannot recollect whether any had.

Prisoner Hill. I had been in the shop about ten minutes, and a gentlewoman came in for half a yard of flannel.

Court. While the prisoners was in the shop, did any other woman come in? - I don't think they did.

Q. To buy half a yard of flannel? - No, I don't remember that they did.

Prisoner Hill. There was a woman came in for it, and she told her she sold no such articles.

JOSEPH ALGAR sworn.

Q. Where do you live? - In Old-street.

Q. Relate to the jury and me what you know of this matter? - I see the two prisoners at the bar come out of the prosecutrix's house; before this they passed by my house.

Q. Which way were they walking when you see them? - To the prosecutrix's house.

Q. Did you see them go into the house? - Yes.

Q. Can you see from your house in Old-street, to Mrs. Tidd's house in French-row? - No, I followed them.

Q. Did you come from your house on purpose to follow them? - Yes; I lost a pair of stockings about two weeks before, and I suspected them to be the persons.

Q. What time of the day was it? -About two in the afternoon.

Q. Did you follow them near, or at any distance? - At a distance.

Q. What became of them? - I see them enter the prosecutrix's house, I see them go in and I see them come out.

Q. Where did you stand while they were in the house, at what distance? -About four rods.

Q. How long do you think they were before they came out of the shop, after having gone in? - A quarter of an hour or twenty minutes.

Q. Now when you see them come out of the shop, did you observe any thing about them? - No.

Q. What passed? - I went to Mrs. Tidd's, and asked her if she had lost any thing? and she said she had.

Q. What did you do after you had spoke to Mrs. Tidd, and asked her if she had lost any thing? - I ran after them.

Q. Which way were they then going? Running down St George's row.

Q. Did you see them in St. George's row? - Yes.

Q. Were they running when you see them in St. George's-row? - Yes.

Q. How far is St. George's row from this French-row? - Just by it.

Q. They were both running together? Yes, they might be a little distance, I could not discern than; they turned away from the corner of St. George's-row, I lost sight of them, I ran after them, and I was in sight of them again, and they stopped.

Q. Where were they when you caught sight of them again? - Just at the corner.

Jury. Where were they when you came out of the prosecutrix's house, you said you see them in St. George's-row; you could not see them in St. George's-row from Mrs. Tidd's shop? - I ran and see them in St. George's-row, and got sight of them again just at the corner, I don't know what place they call it; they stopped when they see me so close to them; an officer came up, and we took them into custody; they said they had got nothing about them, but I see the property lay over in the fields, the corner of St. George's-row, where I lost sight of them.

Q. Had you seen any thing laying in the field before you stopped them? - No, I see the things laying as we stopped them, the officer and me were talking to them after I stopped them, at the time they were about a hundred rods of.

Q. How soon did you see the things after you stopped them? - Directly I looked up I see the things lay over in the field.

Q. Was that a place where they had gone by? - Yes, it was at the turning of St. George's-row where they threw them over.

Q. You did not see them throw them over? - No, I did not.

Q. On seeing the things lay there, what did you do, did you take them? - Yes; the officer and me first took the girls to Mrs. Tidd's.

Q. Leaving the things? - Yes.

Q. Then you did not take them by the things, and pick up the things? - No.

Q. Then after having taken the things to Mrs. Tidd, what was done? - The officer desired me to go and fetch the things.

Q. Where did you go to? - To the corner of St. George's-row, in the field.

Q. What did you pick up there? - I picked up a piece of dimity, and a gentleman's half handkerchief, and a piece of irish, and two muslin handkerchiefs, and a soldier's stock, and a cap, and a piece of cambrick.

Q. What was done with the things that you picked up? - The officer took them, and they were carried before the magistrate.

Q. Who had the care of them? - The officer, Mr. Pearce.

Q. You did not see the prisoners throw any thing over there? - No.

Mr. Knapp. Pray sir, what may you be? - I keep a chandler's shop.

Q. When you see these women come out, you did not observe any thing about them at all? - No.

Q. It is the first time you have said they were running, you never said that they run before; you did not tell the magistrate so before? - I don't know.

Q. This parcel, whatever it contained, was above a hundred yards from you when you first see it? - I dare say it was.

Q. Therefore it was not possible for you at that distance, to know what it contained? - No, I did not know what it did contain.

Q. Is this a public path, were you were pursuing these women? - Yes, but they went over into the field, over some high pales.

Q. You know you did not take up the parcel then, but you took the prisoners away, back again to Mrs. Tidd's. How

long a time might clapse from the time that you left the parcel in the field, to the time that you got to Mrs. Tidd's and back again? - I don't know, it might be ten minutes, I cannot say.

Q. Then the parcel was laying there all this time, in this field, a hundred yards from the path, and so it was found? - Yes.

Q. Many persons in the course of a quarter of an hour pass this path? - Yes, I dare say they do, I am not well acquaint ed with the place, I have not been there long.

ROBERT PEARCE sworn.

I am a plumber and glazier, and headborough of Hoxton. On Monday, the 10th of July, I was going with some goods of my own business into French-row, to do a job; I see Mr. Algar running very fast, and I enquired of a girl that stood by what was the matter.

Q. Did you in consequence of any informations you received, join Mr. Algar? - No, I went an opposite way, thinking to meet any body that be might be in pursuit of; I went past the green gate, Mr. Algar went up Ratcliff row, I went up the City-road, and looked into a field, where I supposed that the prisoners might have come, for I apprehended in my own mind, that they came down St. George's-row.

Q. In what situation is the field that joins George's-row? - North west of the green gate; I see the two prisoners in that field, and I suspected them, and I approached them slowly, expecting to see the man that was in pursuit of them overtake them, which accordingly I did; when he came up to them, he said something of this nature, it is you that have stole the goods, or something like it, I cannot exactly recollect the words; and Elizabeth Hill swore at him, and made a blow at him; Sarah Dancer I thought behaved in a very becoming manner, she cried; I told Hill that if she made any piece of work, that I would tie them both together, I shewed her that I was an officer, and they came along with me, I took them to the prosecutrix's house (Mrs. Tidd's) I searched their pockets, and found a number of duplicates, but nothing that was of any consequence.

Q. Were you present when the property was picked up in the field? - No, I see something white laying in the field, at the distance I suppose of eighty yards from the place where I stood and where I took them; my feet were almost as high as the sence; and I said to Mr. Algar, you had better go and fetch the goods, for fear they should be takes away; this was pretty near to Mrs. Tidd's house, and he went and brought the goods; what I have got in this bundle. (Produced.)

Q. Did Mrs. Tidd own them? - Yes, she owned them immediately, she said they were her goods.

Q. Then they were produced before the magistrate, and you have had the care of them? - Yes, I have had the care of them ever since.

Q. Who is James Hobdill ? - I believe he is a goldsmith, I know he lives in the neighbourhood.

Mr. Knapp. So the distance where something white was discovered, was about eighty yards?

Q. How long was it after before you see something white again? - As nigh as I can judge about six or seven minutes, I cannot tell to a minute.

Q. Mrs. Hill was pretty violent, she made use of her tongue, the other prisoner conducted herself very becoming? - Yes, she did.

Prisoner Hill. This gentleman told me when he came up, that I had wronged a woman; I said I had not, they did not lay hold of our hands, nor nothing, but we walked to the shop, and they searched us, and found nothing on us.

JAMES HOBDILL sworn.

I am a goldsmith, No. 3, opposite St. George's-row.

Q. What have you to say respecting the present indictment? - I was passing at the time; I went down George's-row when I heard the cry of stop thief, I was going to pass it till I heard the noise; I see the two prisoners come running before me

Q. Were they in the row when you first see them - Yes, and Mr. Algar; I see him behind them, and he hallooed out stop thief! and I see two women come running, and I did not offer to stop them, because I was afraid indeed. When they came up to me, which was in St. George's-row, where I stood, they turned round the corner, and then threw some things over into the field.

Q. Did you see them throw any thing in the field? - Yes.

Q. Can you say which it was? - No, I cannot positively say that, it was one of the two, but which I cannot positively say.

Q. What was it like? - It appeared to me like linen, white.

Q. What distance were you from the place? - I did not take particular notice, but I look on it it was about ten or fifteen yards.

Q. What did you do on seeing it? - I walked down into the field where they ran to after they had thrown the things over.

Q. Was it one or both that threw the things over? - It was but one as I observed, but which it was I cannot tell.

Q. What did you see them do? - After one had thrown the things over, they then ran down the field, by the side of it, Mr. Algar he went after them into the field, and I walked down after them into the field myself, and then I see Mr. Pearce come across the field, and he took them into custody.

Q. Were you present at the picking up of the articles - No.

Q. Then you did not go back with Algar? - No.

Mr. Knapp. You never see the things at all till you got to Mrs. Tidd's? - I did not see them at Mrs. Tidd's.

Q. Did you go back to Mrs. Tidd's? - Not that day, but I see the things before the justice.

Q. You say at the time the things were thrown over, you were ten or fifteen yards distant; how far might you be from the corner, where the turning was? - I suppose about five yards from the corner.

Q. Had they thrown the things before you turned the corner or after? - I did not turn the corner, they turned the corner; it was after they turned the corner.

Q. And yet you see them do it? - Yes, I did, they had turned the corner, and I was opposite them.

Q. Have you always told the same story; did you tell Mr. Williams that you see them throw what they did throw over into the field? - Yes. I did.

Q. You are sure of that? - I am positive of it.

Q. And you told Mr. William's exactly as you said now? - Yes, exactly, to the best of my memory.

Q. Did not you tell him that you see the prisoner in the field, but whether they had thrown away the things or not, you did not know? - No, not to my knowledge, I never said so.

Q. How long ago were you examined before the justice? - I did not set down the time, it may be four, five or six weeks ago.

Q. You do not mean to say whether you said so or not before the justice? - No.

Prisoner Hill. The magistrate took him back to lock me up, because he would not answer, they asked him a great many questions before he would say any thing.

(Mrs. Tidd deposes to the things, as all having her marks on them, and were in the window, and in the box from which she shewed the handkerchief that the prisoner Hill bargained for.)

Q. To Mrs. Tidd. What is the lowest value of all these things together, that you can set on them? - Two pounds fourteen shillings and eight-pence was my selling price.

Jury. What would they cost you? - About two guineas.

Mr. Knapp. How long might you have had these articles in your shop, may you have had them a twelvemonth? - Not a twelvemonth, I might have had some of them six months.

Q. What quantity of dimity is there? - Eight yards.

Prisoner Hill. Sarah Dancer and I were walking up Old street, and I passed by that gentlewoman's door; we came down a turning, but what turning it was I don't know; we passed by this gentlewoman's door, and I saw this handkerchief at the window, and I went in and asked the price of it, she asked me half a crown, and I bid her two and four-pence, she said she could not take it; then after that a woman came in for half a yard of flannel, and she asked me if I was in any particular hurry? and I told her no; she told the woman she had no flannel; the woman asked her if she had any tape; the woman bought some quantity of tape of her, but what I cannot tell; I told her I would not trouble her for nothing; I bargained with her for a bed gown, and she asked me two shillings a yard, and I did not approve of the bad-gown, and I gave her a shilling off the handkerchief; she took out a piece of the bed-gown to see if I would approve of it, I said I would consider of it; I came out of the shop, and went down the street; I don't know what street it was, I see a mob, Sarah Dancer, and I made up to the mob, there were about seven or eight people, I cannot tell exactly how many; and that gentleman in a white coat tapped me on the shoulder, and said I must go along with him; I asked him where? he said I had robbed a gentlewoman; I went with them to the prosecutrix's house, and then they asked me if I had any objection to take off my things? and I said no, and they took me into a passage, and took off all my things, and they told me to put them all on again, and I did, and then they got a coach and put me into the watch-house, and then they took me before a magistrate.

The prisoner Dancer called five witnesses who gave her a good character, said she worked at childrens pump making.

The prisoner Hill called two witnesses to her character, and said that she had lived in service.

Elizabeth Hill, GUILTY . Death ,(Aged 19.)

Sarah Dancer , GUILTY. Death.(Aged 18.)

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

Reference Number: t17950916-10

383. JOHN COLLINGS was indicted for feloniously stealing, on the 3d of September , two pair of men's leather shoes value 4s. the goods of Benjamin Mason .

WILLIAM BANBAY sworn.

I mend and black shoes.

Q. Do you mend and black shoes for Mr. Benjamin Mason? - Yes. I lost a pair of men's shoes on Thursday. the 3d day of this month; I did not miss them till the next morning, Friday; I lost them out of a little parlour I keep, No. 5, Brewer's-street, Bloomsbury . On Friday my wife

went down Broad-street, St. Giles's, and she see one pair hanging at a shoe-maker's shop, my wife went there and sent for me, and I went and looked at the shoes myself, at Mr. Supple's shop, he keeps a shoe maker's shop, to sell old and new shoes, and old boots, and all them sort of things.

Q. What time of day did you see them there? - It was from twelve to two; I see them there and left them in the shop.

Q. Can you swear they were Mr. Mason's? - Yes, his name is in them.

Q. Any number in them? - None at all, I am sure they are these me I missed, because I took them in myself of the man. I went from there to Mr Sander's, the constable, to ask his advice, what I was to do in the business; and Mr. Supple gave a very good description of the man he bought them of, and therefore Mr. Sanders said he thought he knew the man, provided he came down in the evening.

CHRISTOPHER SANDERS sworn.

I keep the King's Head public house in High Holborn.

Q. Did you see this man take the shoes? - I did not, the man came to me and said he had lost two pair of shoes, and I went up to the shop, and the man described the man he bought them of so plain that I was afraid that it was Collings, who then lodged at my house; I see the prosecutor about an hour afterwards, he did not want to prosecute if Collings would pay the three shillings, which the shoes were sold to Mr. Supple for, and the prisoner then might go about his business, he urged very much to have it settled, and I had five shillings from the prisoner, and I put three shillings own; Mr. Banby or the other man took up a shilling or two, and then there was a demur about a shilling, which was to pay the parish constable; the four shillings was returned to me, and the prisoner has had it back-again, I have given him a little back at different times, more than that since he has been in prison.

Q. What was done with the shilling about the constable? - The constable returned it, for Mr. Banby and the others whispered together; then they insisted on going before the justice, the shilling was given back to me; I had all the five shillings; he has expressed his regret that he did not take the three shillings, and have it settled, and seemed to pity the prisoner very much, that he had sent him to prison.

Q. Is the prisoner in any line of business? - No, he was not then, he has lodged with me six weeks; when I knew him first he kept a good house; a gentleman said he would get him a place in the Custom House, and he went out every morning seeking after it, for the last three weeks, at least he left my house is such.

Q. What was he before? - A gentleman's coachman.

Q. To Prosecutor. Did you receive any of the money from Sanders? - No, I said I was a poor man, and would be very glad to settle it.

Q. Did you give Sander any authority to settle it? - No, but I wished to have it settled.

Q. To Sanders. Was it for the shoes missed by Banby, that the five-shillings was given to settle? - Yes, it positively was.

Q. To Barnaby. What was the worth of these shoes, three or four shillings, that is about the value of the

WILLIAM SUPPLE sworn.

I keep a shoe shop; the corner of King-street, Seven Dials.

Q. Did the prisoner bring you any shoes at any time? - Yes, on Thursday, the 3d of this month, about the middle of the day; the shoes are here.

Q. Who did you deliver them to? - To Banby. There was the name of Mason in them.

Q. Did you ask any questions about them? - No, no other than the usual form of trade.

Q. Did not you ask him at all how he came by them? - No, I did not.

Q. Had you ever seen him before? - Never.

Q. You are sure he is the man? - Yes, I am.(The shoes produced and deposed to.)

Prisoner. I left a gentleman's service as coachman, the 3d of July last; knowing Mr. Sanders for some years, and he knowing me, I went to lodge at his house; I was promited by a gentleman a place in the Custom-House. But as to these shoes, I was walking along the street one morning, and these shoes lay in the street, I picked them up, and thought they would sit me, and I enquired of some children who were at the door near where I picked up the shoes, whether they knew the shoes? they said they knew nothing about them, and I took them to this man's shop.

Q. Where were these shoes the last time you see them here? - The last time they were in my parlour window.

Prisoner. I have not let my friends know any thing at all about it; Mr. Sanders has known me several years.

Sanders. I never heard him charged with any thing before.

Prisoner. The reason I left my place was, the coachman and cook had married away formerly, and had gone into business; after our cook happened to go away, and she made application to come back again into the family, and my master took her, and her husband having lived there before, she made interest with my master to take the husband also, and so I was agreeable to go; my master with give me an excellent character, it is Major Cooke , in New Ormond-street, he had a five years character with me.

Not GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17950916-11

384. BENJAMIN MORGAN was indicted for feloniously stealing, on the 6th of September , two sticks, value 1s. a lawn umberella, value 7s a ground ratan cane, value 1s. 6d. a stick, with a sword therein, covered with horse hair, value 2s. 6d. an ivory handle crutched stick, value 1s. 6d. a silver mounted whip, value 3s. 6d. and a tuck stick, value 1s. the goods of David Moore .

DAVID MOORE sworn.

I am in the stick and umbrella way, No. 225, in the Strand , near Temple Bar; I have been frequently robbed, and missing my property; the prisoner is an apprentice , he has served six years, he was bound for seven. On the 6th of September I slept out of my house on purpose to detect the thieves that were robbing me, it was Saturday night; I got up in the morning at five o'clock, and watched my house at Temple Bar, to see who came out and who went in; I see the prisoner at the bar put his head out of the front garret window, and he was waving a stick out of the window; there were some chaps lurking about, but I could not tell whether it was for him or no, they were two or three people, but they went away; about a quarter of an hour after he came out.

Q. What o'clock might that be? -About a quarter before seven; he brings this stick in his hand. (Produced) and ran across the way as hard as he could run, up Ship-yard.

Q. Do you think he see you? - No, I ran as hard as I could up shire-lane, the house that he went in at has two doors, he went into one door and I went into the other, it is a hair dresser's, Davenports, in Shire-lane.

Q. Is it an open thoroughfare, where people pass? - No, they goin to be dressed at the hair dresser's; I was in the same house as soon as he was; I takes these two sticks from him (produced) and I said to the man of the house, I suppose as he is bringing these sticks here, you have got some more of my property here; Mr. Davenport says directly, I have got some things here that he has left; he produces some of these things, which being my property I took them, and sent for a constable, and gave the prisoner in charge of a constable.

Q. What were the things that Mr. Davenport produced? - Five sticks.

Q. Were they your sticks? - Yes; Mr. Davenport kept them in his possession, I kept only these that I took from him.

Q. Did you know them to be your property? - I see him bring them out of my house; I see them before in my house, one stick I had in my hand about a day or two before, which was planted to be taken away.

Q. You will venture to swear to one of these sticks? - Yes, there is an umbrella which he sold for five shillings.

Mr. Alley. Which of the sticks is it you swear to? - The long one.

Q. There are two or three shops in the neighbourhood that deal in these sort of things? - Yes, but that stick is one of ten thousand.

Q. Don't you know that it is frequently done in your trade that an apprentice carries a stick out in his hand of a Sunday? - Not without it is his own; he may have a stick for asking for.

Q. Though you was this boy's master, and ought to be the guardian of his morals, did you ever tell his friends? - Yes, numbers of times; I told his friends frequently how he had been robbing me, and they never brought him to ask my pardon nor any thing. I have catched him breaking open my drawers with pick lock keys.

GEORGE DAVENPORT sworn.

Q. Are you a hair dresser? - Yes. This lad recommended to me by a person of the name of Beech, about eight months ago, about nine weeks ago he began first to leave a stick; he used to come in and say, Mr. Davenport, I will leave this stick (as customers often will leave their sticks) he used to come of a Sunday morning to be dressed.

Q. Where did he leave the sticks? -Sometimes in the shop and sometimes in the window, and then he would call again in the course of that day; sometimes he would leave them a day.

Q. At the time that the prosecutor came to your house, had you any thing left there? - There were five, one left the day before.

Q. They were all five left in your shop? - Yes, at different times, and he had not taken them away. Here is an umbrella, which it may be about a month ago, I asked him if he would get me a second hand umbrella, if he could get me one cheep I would buy it of him, as he was a customer. About a week after he brought an umbrella, and said, here is an umbrella that cost me, at prime cost, six shillings; and I made him a small tail and gave him five shillings for it. Here is a whip which was left on Saturday morning with one of the sticks, and taken away again on Saturday evening; and on Tuesday, after he was committed, it was put down the area of my house, and I found it there, and took it down to Mr. Moore directly.

Q. Had you no suspicion? You knew he lived at the stick shop? - I knew he was in the stick line. He left some cards for me to give to my customers, if any body wanted any thing in his line. He brought a stick at a time and left it, which, as a customer, I could not refuse.

Q. To Moore. Is that a lawn umbrella? - It is.

Q. Have you a ground ratan, a stick with a sword covered with horse hair,&c.? - Yes.

Q. Do you know all these to be your's? - The umbrella I will swear to it from ten thousand, because of the make of it; if it was put among ten thousand I would pick it out.

Q. You sell a great many umbrellas? - Yes.

Q. Will you venture to swear that this was not sold? - Yes, I will venture to swear this was stole, because we missed it from the shop, and nobody was in the shop but my wife and I, August the 16th. I here is this piece of white leather to it, which none but the man that made this puts in. This is the very one that I missed, because there was none that was so marked in the shop but this one, there were ten.

Q. Have you ever made any other like it? - Yes, I have. This is the whip I had made a very little time before this was stole, there were a dozen of them, and I missed one; I know it is my whip by the mounting of it, we get them up ourselves. This old crutch stick I have seen number of times in my warehouse; I don't know what induced him to take that old thing.

Mr. Alley. Have you any custom in your shop to allow your apprentice and foreman to fell after working hours? - I certainly gave the prisoner privilege to sell my goods, but not to pocket my money; I allowed him that privilege one week but he made a bad use of it.

Q. You gave him five per Cent. for for selling? - I did for one week only; it may be six or eight months ago; I put an end to it that very week.

Prisoner. I leave it to my counsel.

The prisoner called two witnesses to his characters.

GUILTY . (Aged 20.)

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17950916-12

385. ELIZABETH MITCHEL was indicted for feloniously stealing, on the 6th of July , a silver watch, value 4l. the goods of Benjamin Knowles .

BENJAMIN KNOWLES sworn.

I live at No. 91, Purpool-lane, Gray's Inn lane, a carpenter . I met with the prisoner the corner of King street, on the 6th of July last, to the best of my knowledge, between twelve and one in the night, as near as I can tell; I dined in Oxford-road, I staid till the afternoon, till that time. I lodged in Stockwell, in Surry.

Q. Were you going home then to Stockwell - Yes. She asked me to treat her; I told her I had no money; afterwards I told her I did not much mind treating her, for I would have a glass of gin myself.

Q. I suppose you was pretty far gone in liquor at this time yourself - No, I was not. I was coming away from Oxford street about eight o'clock, and I met with an acquaintance, and went back again, but I was not the least in liquor.

Q. How was you to treat her without money - I had money, but I was not willing to let her know I had any. I told

her to go one side of the way, and I would go on the other.

Q. Did you go? - Yes, to the Broad way, to the Cumberland Arms, to the best of my knowledge.

Q. What time of the night was this that you got to the Cumberland Arms? -Between twelve and one.

Q. You found the house open? - Yes; the door was shut, but we knocked at the door and got in; the people were up at the house; she had a glass of gin and I had a glass of ale; we came out of the door after drinking of this; there was an acquaintance of mine that sat in a box, and had a pint of ale, and I had a glass of that with him.

Q. Did you expect to find him there, or was it by chance? - No, it was accidentally. She asked for a glass of ale, and it was given her by me; she asked me whether I was going with her? I told her no; which she stopped till the ale was drank up, the ale that this man was drinking of. I went out of doors, and she followed out after me.

Q. Had you agreed with her that she was to follow you? - No, I told her I would not go with her. When I went out of the door I wished her good night; she turned her hand about and snatched the watch out of my pocket, close to the door in the street; I catched her by the hands and insisted on having of it again; she swore she would be damned if I should, she would have two shillings from the landlord of the house for it, or on it.

Q. Had there been any talk about the landlord having this watch? - No; I don't know what her meaning could be.

Q. Had you agreed before to give her any money? - No, I told her that I had none.

Q. Had any thing passed in the house about the landlord giving her two shillings? - No, nothing was said till she said she would get it of the landlord. I catched her by the hand and held her fast, and she made a very great noise, and I was afraid of getting into the watch house; I thought of getting it more easy, I followed her in to the landlord of the house, she had the property under her apron; I got hold of her gown tail up to the bar door; she asked for Mr. Luxton, the landlord, that she wanted to speak to him; he replied, what do you want? when I stepped from that bar door round into the parlour, to speak to him to take the watch; (you go round into the parlour to get into the bar) but before I could say any thing to him I missed Elizabeth Mitchell ; I ran out of doors without saying any thing to Mr. Luxton; I went up and down the street, and see nothing of her; I came in and told Mr. Luxton what had happened; he told me that he was very sorry for it, that he would try and find her name cut, and where she lodged, by an acquaintance of her's that she had some conversation with before; he found her name by one of the girls that came in; her name was set down and where she lodged, and I stopped there all night; Mr. Luxton told me to make myself easy, I should find my watch the next day. When I got up the next morning I had a particular acquaintance that called in, that came from Stockwell, he was acquainted with Mr. Luxton, which Mr. Luxton wished him to go with me and take this girl. We went, my friend and me, Mr. Luxton was ill with a scalded leg; we went into Peter-street, Westminster; she had been moved from there about three days; we were directed to Pear-street, to the best of my knowledge.

Q. Did you go to Pear-street? - Yes.

Q. Did you find her? - Yes; in a back parlour; I cannot tell you the number, a private house. My acquaintance went in while I stood at the door; he asked her

what she had done with the watch? she said that she had never seen any; I heard him. He brought her out to the door to me, and asked me whether that was the person? I declared that was the girl that was in my company the last night. He took her up to the office, and I followed close behind; when we had got near the office she declared that he had never seen the watch; but before we had her over to the office, my acquaintance went over for a runner, which I was left in care with her at the public house opposite; she said to me the time we were alone, you know that you carried the watch yourself to the landlord; I told her that she was a false woman for so saying, and I insisted upon it she should be punished if she would not deliver the duplicate or the property.

Q. You had no intimation of its being pawned; not till after. Immediately the runner came in and took her in possession, searched her, and found nothing.

Q. Was she searched in your presence? - No. He came to me from the office, and went down to the house where she was taken from, in Pear-street; we found nothing there belonging to me, neither duplicate nor nothing; there were new shoes, and bread and butter, and tea, &c. in the room. We went back to the office and went to the pawnbroker's that is opposite almost, in the same street a the office, the office is in Queen-square, of the name of Brown to the best of my knowledge; the runner asked if there had been such a watch there that morning; the shopman said, there had, but he did not take it in.

Q. The prisoner was not there? - No.

Q. What did you do then? - We went to the office, and she was committed for further trial.

Q. You have not got the pawnbroker here? - No; the justice would have sent for him, but the runner got the pawnbroker off on account of saying he had not taken it in.

Q. What house had you been drinking at in Oxford-road? - One Hanson keeps the house.

Q. What time did you dine? - About three o'clock.

Q. What company were you in? - Twenty or thirty. This is a house of call for the trade of carpenters.

Q. Do you mean to say that you was perfectly sober? - Yes.

Q. What induced you to go with this woman out of your way going home to Stockwell? - Nothing more than wishing to have a glass myself.

Q. What was the reason of your dividing, going different sides of the way? -Because I was afraid of people seeing me with her, as a woman of bad character, as I was well known thereabouts.

Q. You had no sort of connection with her? - Never, not till she took the watch from me.

Prisoner. What he is saying he is telling a great many stories; I never had the watch or did I ever see it.

ABRAHAM LUXTON sworn.

I keep the Northumberland Arms, in the Broadway . On the 6th of July, I think, about the hours of twelve and one, this gentleman and the prisoner came in and had a glass a piece (ours is a watering house for hackney coachmen) and one single pint of beer.

Q. Who paid for that? - Mr. Knowles From that they went out of the house and staid about five minutes to the best of my knowledge.

Q. Was any thing said about my watch before they went out? - No, nothing at all. They came in again, the woman came in first, and I was at the bar, and the says, Mr. Luxton, I want to speak to you; and I made her answer in a hurry, what do you want? In the mean time

Mr. Knowles was coming round into the bar, through the parlour, to speak to me, while he was coming round she went away; from thence the young man ran after her, and he came back and told me his story; I told him I was very sorry for if, if I could find out the person I would. Accordingly I found out the person, and I told him and his acquaintance in the morning where he might find her.

Q. How did you find out where she lodged? - By one of the coachmen, who told me that she lodged at the Cross Keys, in Duke-street. I made Knowles stay there that night till the morning; I thought it was very hard for the man to lose his watch. He was sober when he came into my house. In the morning there was a friend of his came to the house, and they found the prisoner at the bar, and took her to Queen-square; the justice sent for me. She told the justice that Knowles had left the watch with me for two shillings.

Q. Did you go any where afterwards? - No.

Prisoner. I was coming home very late one Sunday night, and I light of this man, and he asked me to go and have a glass of something, and I went with him to have a glass of gin, and he called me on one side in the house, and told me that he would give me two shillings to go home with me; and I said that was too little; and he said, that if I would not take it there were plenty of girls that would. With that he went to the bar to speak to Mr. Luxton about something, but what I cannot say; and I staid in the house all the time, and had half a pint of gin, I and some girls, and we drank the gin, and I came out of the house directly, and I left this Mr. Knowles along with this man in the watering house, talking to him in his own bar, after he gave me the glass of liquor. In the morning he came down to me to my lodgings, and he swore that I had robbed him of his watch, and I said, I have never seen it. With that he and another man began pulling me about, and I said, don't ill use me, gentlemen, I will go any where with you, and they took me down to the office in Queen square, and from there I have been committed to prison ever since.

Court to Prosecutor. Were there any other disorderly women in the house? - Not to my knowledge.

Q. Did you drink with other women there? - No. There were other women there that she drink with.

Not GUILTY .

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

Reference Number: t17950916-13

386. ANN MAYWOOD and SARAH COWDEN were indicted for feloniously stealing, on the 14th of August , a bushel of wheat, value 10s. the goods of William Jones .(The case opened by Mr. Valiant.)

WILLIAM JONES sworn.

I live at Brentford. I rent a hundred and thirty pounds a year fields in Hanwell parish . We had missed wheat out of the field for several mornings, what was taken was from that that was in sheaves and reaps.

Q. Did you see it on the 14th of August? - Yes. My man brought these two women whom he had taken with wheat.

Q. Did you see the wheat that they had? - Yes; the wheat was in their aprons, with about half a foot of straw, cut off as level as could be

Q. Did the quantity cut off appear as near as possible to be the quantity that was wanting on the sheaves. - Yes.

Q. What quantity of sheaves had they? - As much as they could carry; and they

had in the house of one of them two five bushel sacks full.

Q. Do you think they had a bushel? - No, it may be half a bushel.

Q. Was there any other corn down in the neighbourhood? - Not a bit.

Q. Was what you found in their aprons all cut in this way? - Yes, every bit.

Q. Was what you found in the house? - Yes. In the afternoon we found the straw hid, a great deal in the field, and some straw throwed over the hedge into a lane, which was adjoining to it.

ROBERT HAWKINS sworn.

Q. Are you a servant to Mr. Jones? - Yes The 14th of August I got up about five o'clock; I was at this field about a quarter after five, I see he two prisoners in the little lane close to the field, it joins the field; they had two bundles of corn; I took the corn from them; I will not say whether it was up on their heads or under their arms; they said they would make me sorry for taking their corn. It was wheat about half a foot long, ears and all; the corn was almost as high as I am that was in the field.

Q. Was there any corn in the neighbourhood besides your's? - Yes, some standing corn just by, belonging to Mr. Nellett. Afterwards I went into the field, and there was some straw that was left in the field where the wheat had been cut from it; I went a little further and I found some more, and I went a little further and I found some more. It was left as it was cut off. I suppose they were not above six yards from the field when I first saw them. I carried the bundles into the field and then I followed them; I took them and took them to Brentford.

Q. Did you go to their house? - No. My fellow servant see them before me.

Court. I want to know in what condition you found the straw. - A good handful together, and then another handful, and so on.

Q. Did you find any straw about the wheat that had been reaped? - They had pulled it out of the sheaves and then cut it off about the girt.

Q. Supposing they had been gleaning, would it have been scattered in the same manner? - They could not be gleaning there, because the corn covered all the ground, it lay scattered for the sake of drying.

RICHARD STEVENHILL sworn.

I am a working man.

Q. Did you see these prisoners on the 14th of August? - Yes, I see them get over Mr. Jone's gate, over the field, coming towards Brentford; they thought I was the farmer, and when I came up to them, one of them said, he be d-mned, he a farmer; and they went on towards Brentford; they had got a little bundle under their arms, each of them, of wheat.

Q. How long was the straw? - Pretty nigh full length as it was cut.

Q. Was there any other field of corn reaped? - Not that I know of.

Prisoner Cowden. I was leasing in the field near the old Hats, and came across this field for nearness, we got over the gate to come into the road, and Mr. Jones's man came up to us and took the corn from us.

Prisoner Maywood. We were leasing at the Old Hats, and I picked up four handfuls of corn, and we went across Mr. Jones's field for nearness, and we met Mr. Jones's man, and he asked us where we had been? and I said, it is nothing to you where we have been; and he said, that is my master's property, and I will take it away from you.

Jury to Hawkins. Is the field a thoroughfare? - No, I don't know that I ever see any go that way for that purpose.

Q. This corn was all laying down? - No, some was standing.

Ann Maywood, GUILTY . (Aged 29.)

Sarah Cowden , GUILTY. (Aged 20.)

Imprisoned three months in Newgate and fined 1s.

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

Reference Number: t17950916-14

387. ROBERT WALLER was indicted for feloniously stealing, on the 17th of July , a piece of linen cloth, value 4l. the goods of Andrew Webb .

ANDREW WEBB sworn.

Q. Where do you live? - No. 9, Great Tower-street, St. Dunstan's, a ship broker . On the 16th of July, or the 15th, I am not certain which, I sent the prisoner to Messrs Matthews and Holmes, in Newgate-street, No. 5 ; he was an occasional porter ; I gave him a note to them to let him have such linens of mine as were there, which were to be returned; he brought me three pieces; I then told him I had no further occasion for him at present, for him to call in the course of the next day. I supposed he had brought me the whole of the linens, until I found otherwise.

Q. Did he call the next day? - No; he was in custody of Mr. Hanson.

Prisoner. I called on you in the morning, and you gave me two pieces of linen to go and carry to Covent-garden? - I believe it was the same morning.

Q. After I came back you gave me this note to Matthews and Holmes, to fetch back four pieces that had been taken there.

DAVID LEVI sworn.

On the 17th of July I stood at my shop, talking to a man, and the prisoner at the bar came up with a piece of linen, and asked me if it would suit me? It was between the hours of twelve and two.

Q. What is your shop? - A clothes shop. I asked him the price; and he asked me two shillings and four-pence; I told him it was not worth my money; and he asked me what I could give for it? I told him two shillings wanting a halfpenny. I thought it would not fetch me more than two shillings, and he could not take less than two shillings and four-pence. Then Mr. Hanson came up and asked me whether he had offered any thing for sale, and what he asked a yard? I told him two shillings and four-pence; then he told me that he furnished it was stole, and thought it was good I had not bought it; I told him that I did not suspect in broad day that a thief would come to sell such a thing.

Q. Should you know the cloth again? - No, I should not.

WILLIAM HANSON sworn.

I am an officer belonging to the police office, Whitechapel. On Friday, the 17th of July, about the hour of one in the day time, I was walking in Rosemary-lane, and see the prisoner at the bar go to Mr. Levi's shop door; I passed by him and I heard him ask two shillings and four-pence a yard for the cloth; I walked about a hundred yards further on, then I stopped while he came out of the shop again, and then as soon as he came out of the shop, I went to Mr. Levi's shop, and asked him if that person offered any cloth for sale? he said, yes; I asked him what he asked a yard for it? he said, two shillings and four pence; I told him it was very well he did not buy it, as I suspected it was stole. I went after him,

and followed him about two hundred yards from Mr. Lewis's door; I said, my friend, and I catched hold of the piece of cloth, is this for sale? he said no; I said it is very odd; you offered to sell it to a person in the lane, and not to sell it to another; I took him into a public house over the way, as there was several came round, seeing me lay hold of him; he told me that Mr. Webb had given him this piece of cloth to sell for him; I told him he must go before the magistrate; I went to Mr. Webb's house, Mr. Webb was ill, he was not able to attend before the magistrate; the magistrate committee him from Friday the 17th, till the Friday following for. further examination, when Mr. Webb attended and swore to the cloth; this is the cloth, I have had it in my possession ever since.(Deposed to by Mr. Webb, as the same kind of cloth which he sent to Matthews and Hollies for their inspection, about ten or twelve days before he sent the prisoner to bring it back again.

Prisoner. I beg leave before I speak to the indictment, to speak to a few transactions relating to Mr. Webb and me since our first of all knowing one another.

My first acquaintance with Mr. Webb was about seven years ago; I was placed by my father as a shopman to him, he kept a cheesemonger's shop in Fenchurch-street; I lived two years with him as shopman, and then I got another place, at one Price's, in Whitechapel; I lived with him two years and a quarter, in the same capacity, and where Mr. Webb called on me frequently, to see me; a few days after I left Mr. Price I met an acquaintance of Mr. Webb's, who told me that Mr. Webb wanted to speak to me; accordingly a few days after I called on Mr. Webb, Mr. Webb told me that he had heard I was out of place, and he wanted a person to mind his counting house and warehouse; I lived with him fourteen months; in the course of that time I had the care of his counting house and warehouse, the first opening of it in the morning, and the last shutting of it up at night, sometimes there have been six or seven hundred pounds worth of property in that warehouse, likewise I have had notes and cash to the amount of seventy or eighty pounds, to pay bills, likewise I have received money for Mr. Webb, for money that has been due to him; at the end of fourteen months my friends thought of fixing me in business for myself, but it was knocked on the head; however by the character I had borne, they got me into a place in the fore part of the day, which brought me in a very competent livelihood; accordingly Mr. Webb said, if you choose to come and call on me in the afternoon, to see if I have any thing to do for you, you may; accordingly I used to call every afternoon on him, to see if he had any thing to do; I acted in that capacity I suppose nine or ten months, sometimes I have had the amount of ten or twenty pounds worth of linen, sometimes I have been to receive money for goods that he has sold, and sometimes I have had money to pay to the amount of forty or fifty pounds, not only for him, but for another gentleman that used to come to his house, that I can mention; in all which Mr. Webb on his oath must say that he has always found me act to the utmost, with regard to the integrity that he reposed in me. The very day that this affair happened, having nothing particular to do; Mr. Webb was exceedingly had, and he told me that he had two pieces of linen to carry to the other end of the town; one piece was two shillings and nine-pence a yard, and the other was two shillings and eleven-pence; I carried these two pieces for him to Covent-garden; when I came back I asked him if he had any thing else for me to do? he gave me a note to go to

Messrs. Matthews and Holmes, to bring back four pieces of linen; accordingly I went to Messrs Matthews and Holmes, I went to the shop and the gentleman told me to go round the corner to the private door, and I should have them; accordingly I went round to the private door, and waited about five minutes, when a woman came down with the linen in her hand, they were tied up in a brown paper, and rather loose; I received four pieces of the woman; as I was coming home with the four pieces of linen I called into a public house where I generally resort to read the news paper, or have a glass of ale; in order to tie them up; the woman of the house said to me, what is the price of this piece? (taking a piece up) I told her two shillings and five-pence a yard; she said she thought it was very dear; I told her I would leave it with her, and she might consider about it, accordingly I left it; I went home to Mr. Webb with the three remaining pieces, I told him as soon as I came in with the pieces, where I had left one of the pieces of linen, and there were three; he immediately sent me with one of the three pieces to Cornhill, to a shoe-maker's there, which I carried and delivered safe; I came back to Mr. Webb again, and fetched several things in for him; says he, if you are at leisure you may call on me again between two and three o'clock I left Mr. Webb then and went immediately to the public house where I had left the aforesaid piece of linen; I asked the landlady whether she liked it? she said by comparing it with some that she had in the house, she thought it was not equal to some she had bought at two shillings and three-pence a yard; I told her that I had a customer for it, and I would take it away; I took the piece of linen to a customer which I had for it in Ratcliff-highway, one Mr. Price; when I came there I was informed that he was gone into the country, as I had not brought the linen before he was forced to buy a piece; I then took the linen and immediately thought of bringing it home to Mr. Webb, and had no intention of offering it to sell. As I was coming along with it under my arm, along Rosemary-lane, there happened to be a kind of noise, several people were assembled together, I just stopped to see them, accordingly this gentleman he was walking up and down his shop, and it is customary in Rosemary-lane, if they see a man with a bundle or any thing under his arm, they say, will you buy or sell, accordingly that gentleman says, young man, will you buy or sell, he says, what is that under your arm? I said, it is a piece of linen; says he, don't you want to sell it? says he, let me look at it; I said, you may look at it, if you choose to give the price you may have it as well as another; accordingly he walked towards the shop door with the linen in his hand, and he stood at the shop door and opened it, and asked the price of it; I told him two shillings and four-pence, he told me then that he would give one shilling and eleven-pence a yard; I told him I could not take no such money, I went away with the linen, and he called me back, and I understood that he said he would give me a penny a yard more, which was two shillings; I told him that he had no occasion to trouble me any further, that if he did not choose to give me two shillings and four-pence I could not sell it, for it I sold it at that rate I should not get a farthing by it. I took the linen and went off with it, I had not gone above thirty or forty yards before I was accosted by a gentleman who came over the way, he said young man, have you got that to sell? I said on my first answering, no because my full purpose and intention was to carry it back to Mr. Webb, but however there came up another man behind him, and said, I think that linen is stole, stole, says I, I don't know what you mean by that; hesaid, you must go along with me, so he took me over to a public house, there I staid a quarter of an hour or more; while I was in the public house he asked me where I had it from? I told him, he took me to the justice, and he went to Mr. Webb, and I was confined two days and two nights before Mr. Webb came; when he came I had no examination at all, the justice told me I must be committed, accordingly I was committed to prison, where I have been nine weeks.

Prosecutor. I always found him strictly honest.

Q. Did he tell you when you bought the four pieces, where he had left one of them? - I was so exceedingly unwell I could not recollect.

Q. Had you ever suffered him to sell pieces of cloth for you? - No.

Q. Had he ever brought you the money instead of cloth before? - No; I had let him have some pieces of cloth on his own account, and he had spoke for some linen yard and half wide, at two shillings and four-pence.

Q. What was this piece, a yard? - Two shillings and four-pence. The note that I sent with the linen to Messrs. Matthews and Holmes was not sealed, it is possible he might see the price.

Q. But when you sent for the things again, you did not send in your note for four pieces of linen, but only for such things as were to be returned? - That was all.

Q. To Levy. When this lad was coming up Rosemary-lane, did you propose to him to buy or sell? - I did not.

Prisoner to Levy. Is is not a customary thing for people that walk up and down their doors, if they meet any person going up or down, or with a parcel, to stop them? - It is customary for some.

Prisoner. Mr. Webb at a former time had four or five dozen of pattern waistcoat pieces; accordingly he gave them me to carry to a house for sale, they did not like them, he sent me back for them, I got them, and kept three dozen of pieces, and brought him the other two, and I told him, and I have kept them for a week or more, and I offered them for sale, but the price he affixed on them was so much that I could not get any thing by them. Mr. Webb in former times has told me, that any time that I wanted to dispose of a piece of linen, he would affix a price, and I might sell it, and get what I could over to myself. This piece of linen, I would not sell under the price that was affixed; it is well known to every person in Rosemary-lane, that they sell cheap and buy it cheap; but my full intention was, which if I could not fell it to a man that wanted it to wear, to carry it back to Mr. Webb.

Not GUILTY .

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

Reference Number: t17950916-15

388. WILLIAM SINFIELD was indicted for feloniously stealing, on the 2d of July , a copper boiler, value 3s. the goods of Arther Slater .

ARTHER SLATER sworn.

I live in South Mims parish, at a place called Kit's End, in the county of Middlesex ; I keep a small public house , the sign of the Angel; I being absent, coming home I see this man standing in my house; I came home between five and six in the evening; afterwards, as my wife informed me, he went backwards.

Q. Was he drinking there? - Yes, he was, with some acquaintance of his. Going backwards he came back again to his company, and he stopped and drank the value of half a pot of beer, he left some remaining in the pot; he said to a fellow acquaintance of his, I wish you good night. So he went a little way from my house, the value of a hundred yards, then he got over some pales.

Q. Did you see him? - No. He must get over two parcels of rails before he could get at the back place to take it out, my boiler was in a back place belonging to my house.

Q. Was it fixed? - No. It was in a shed that leads to the building, a yard by itself, it opens by a small gate, and it leads to the house; there is a door out of the house into the shed. I see it that day about nine o'clock in the morning, it had been there perhaps for two months. The 2d of July I see it, the same day, I see him with it.

Q. Had you missed it before you see him with it? - I did not; I see him about three hundred yards from the house; I was near the house corner then.

Q. How long after he was gone out? - Hardly five minutes. I was at the corner of the house, outside, and I see him throw the boiler over Squire Baranoe's pales; I did not know what it was, but I see him throw something over; I supposed he see me; I cannot say he did or did not; but he left it there in a corner; he got over the pales again and went forwards on the road; he threw it from the field into a yard where they sold sheep or beasts.

Q. Then you see him in a field about three hundred yards off? - Yes, of Mr. Baronoe's. I thought it was my boiler, or something of that sort. I followed him, and I went towards the place where the boiler lay.

Q. And what did you see laying there? - A boiler.

Q. Where was the prisoner then? - Going along the road. I said to him, you have been doing wrong; I cannot justly say what he said to me.

Q. What became of the boiler? - I took it myself to my house, and I took him away to the justice; but in the first place he was taken to the cage.

Q. When was it you got the boiler? - I had the boiler that night.

Q. How soon after this? - Immediately.

Q. Now, how do you know that to be your boiler? - I can swear to it.

Q. How could he get the boiler to take it from the place in which you see it lay that morning? - The back door in the yard was open; he got over the paling close to the building. I know it by the iron work, the handle of it; I had it about a year and a quarter; I know the person that made it.

Q. You went out after him, thinking he had taken it? - No, I went out after other business, but I see him throw something over.

Prisoner. When I went out of his house I stopped to make water, and I see something laying, and I got over to see what it was, and when I see what it was I got over the pales again, and the prosecutor came after me, and said it was his.

GUILTY . (Aged 27.)

Privately Whipped .

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

Reference Number: t17950916-16

389. JOHN SPENCER was indicted for feloniously stealing, on the 2d of August , five weather sheep, value 7l. two ewe sheep, value 3l. the goods of Samuel Mead , and three lambs, value 2l. the goods of William Dent .

A second COUNT, for stealing the same goods, laying them to be the property of Samuel Choice and William Lover .(The case opened by Mr. Knapp.)

SAMUEL MEAD sworn.

Q. What are you? - I am a butcher in Newport-market.

Q. Previous to the second of August had you placed any sheep in the grounds of Messrs, Choice and Lover, at Islington ? - Yes, I did on the 21st, some ewes and some weathers.

Q. Do you recollect how many there were? - Not exactly.

Q. Did you at the time that you placed these ewes and weathers, place any lambs there? - No, I did not.

Q. Who did? - My drover, I don't cleverly know his name, we call him Anguish.

Q. How soon did you find that you had lost any of these sheep? - On the

3d, at eight o'clock in the morning; I was then in Smithfield, and informed by the field owner, that twenty of the twenty one were missing.

Q. In consequence of that what did you do next? - I did not hear any thing of them till the Wednesday following, when I was informed in the morning there were some sheep; I found them in the yard of the Workhouse of St. James's.

Q. How many did you find? - Seven of the twenty.

Q. What were these seven you found? - There were five weathers and two ewes.

Q. Those five weathers and two ewes were they any part of those that you had placed in the sold at Islington? - They were.

Q. When you see them there, what else did you observe at that time, did you see the prisoner at the bar? - No.

Mr. Knowlys. When did you send them there to the sold? - The Monday before.

Q. Do you know of your own knowledge, how many were missing? - I was informed there were twenty.

Jury. By what mark do you know your own sheep? - By one mark that I mark always with, that I never see any man mark with in my life besides myself, that is a mark (I being left handed) down the nose, and along the left cheek.

THOMAS DANT sworn.

Q. What are you? - A butcher, in Newport-market.

Q. Did you place any lambs at Islington at any time? - Yes, in Messrs. Choice and Lover's ground; they were sent there on the Saturday fortnight, but before these were sent there, I had sent more, but I had them all away except three, before they were lost.

Q. Did you go with the lambs yourself? - No.

Q. Were you with Mr. Mead, the last witness, on Wednesday the 5th, at the workhouse at St. James's? - Yes, I was.

Q. When you got to the Workhouse, did you see any lambs you had missed? -See three there.

Q. Were those a part of the number that you had sent to Messrs. Choice and Lover's, at Islington? - Yes, they were with the weathers and ewes of Mr. Mead, the sheep and them were to together.

Q. What became of the sheep and lambs after you had seen them? - They were left there for some little time in the possession of the keeper of the workhouse.

Q. Where were they? - In his yard.

Q. Are you sure that the lambs which you see there, were part of the same number of lambs which you had sent to Islington? - Yes, I am.

Q. Were there any particular marks on them? - Yes.

Q. How soon afterwards did you see those lambs again? - One Thursday they were driven home to our house.

Q. They were the same lambs that you had seen at the Workhouse? - Yes.

Q. And the same that you sent to Islington? - Yes.

JAMES MASON sworn.

I am a drover.

Q. Were you a drover, employed by Messrs. Mead and Dant, to take some cattle to Messrs. Choice and Lover's at Islington? - Yes, to Islington field.

Q. What number of sheep did you take there? - Twenty-one.

Q. How long before the prisoner was in custody? - The Monday sevennight before he was taken in custody.

Q. What number of weathers? - I cannot rightly say, but I know the number that were left in the field; there were three lambs and twenty-one sheep in the field, I cannot say how many weathers or how many ewes.

Q. To whom did the weathers belong? - To Mr. Mead.

Q. To whom did the lambs belong? - To Mr. Dant.

Q. Where did you take them to? - To Islington, to Mr. Choice's field, at the side of the Workhouse.

Q. Did you leave them there in the field? - There were twenty-one of Mr. Mead's, and three of Mr. Dant's lambs, on Saturday left there by me; I took them there on Monday, and afterwards see them there on Saturday.

Q. They were the same sheep and lambs that you left there on Monday? - They were by the marks.

Q. Did you see them afterwards at the Workhouse? - They were delivered to me at the workhouse on Wednesday, the 1st of August.

Q. By whom were they delivered to you? - By Mr. Holmes, who is the porter to the Workhouse.

Q. Were they the same sheep and lambs that you have before described, that you took to Islington? - Part of them, seven sheep and three lambs; I took seven to Mr. Mead's, and three to Mr. Dant's, who were the proprietors of them at first.

Q. You delivered them there? - I delivered them there, at their shop.

Q. Are you sure they are part of the same that you had taken to Islington, and that you had seen the Saturday afterwards? - I am.

HENRY MOSS sworn.

Q. You are the master of the Workhouse, belonging to St. James's? - Yes.

Q. Do you remember any sheep being brought to you to your Workhouse? - Yes, there was.

Q. How many were there? - Seven sheep and three lambs.

Q. When was it? - The first of August.

Q. What day of the week? - I cannot recollect, I think it was the fifth.

Q. By whom were they brought to you? - They were brought in between one and two o'clock in the morning; the watchman received them, I did not receive them. When I was up I took the charge of them.

Q. Was any body brought to your workhouse? - I don't know.

Q. Did you see the prisoner at the bar that day? - No, nor never did.

Q. What became of those sheep and lambs? - I delivered them by an order that I have in my pocket, to James Mason .

Q. Do you know Mr. Mead, or Mr. Dant? - No.

Q. Did you see them at your Workhouse? - Some gentlemen came to the Workhouse, and said they owned them.

Q. To Dant and Mead. Stand forward.

Witness. I know them now to be the men that owned the sheep, but I cannot say I knew them then.

JOHN SMALL sworn.

Q. What are you? - I look after the cattle of Messrs. Choice and Lover's. On Sunday evening, the 2d of August, when I left the field, I left five and twenty sheep in the field.

Q. What sheep are they, were they all weathers? - I don't know upon my word.

Q. Were there any ewes? - I don't know, upon my word.

Q. Were there any lambs? - I don't know, I have no concern in the affair, I

only take care of them; on Monday morning when I went to the field, as it is my business to do, there were three and twenty gone, and the gate was broke open, then I went up to Mr. Choice's, to tell him they were gone.

Mr. Knowlys. What time was it on Monday morning, that you see the field, and perceived the loss? - Between five and six in the morning.

Q. How far is this field from London? - A mile and a half, or thereabouts, I cannot say positively.

THOMAS PHILLIPS sworn.

I am a watch glass cutter, I live in the neighbourhood of Green's court, Peter-street.

Q. On Tuesday, the 4th of August, where had you been, in the evening? - I went to have a pint of beer at the Bunch of Grapes, the corner of Green's-court, in Peter-street, one end comes into Little Poukney street, and the other end into Peter street. After I had drank my pint of porter, I came out of Green's-court into Peter-street, about eleven o'clock at night, I see the two men driving some sheep into Peter-street, Peter-street has no thorough fare, but the court where the public house is, that is Green's-court; and I watched them to see what they were going to do with these sheep, and I see one out of the two take one by the horns to pull it up, and the other man drove the next after; then they drove them to a rag shop and green shop, in the court; when he got the sheep to the door, he pulled it on the step of the door, and pulled it into the passage, and the other man drove the other sheep after it; when he got them into the passage, he drove them through the passage into the yard, and shut the door after them.

Q. The rest of the sheep followed? - Yes, they all followed, and went in then; after they were all in they came out and shut the door, and went some where to drink together, I don't know where they went to, but they went away from that house; so after I had seen them drive them into this passage, where I had seen them drive them into, I went in where I had a pint of beer, and acquainted the landlady with it; I immediately goes to that watch-house of St. James's, I told the constable of the night my suspicions, and they came along with me.

Q. Who came along with you? -Holmes, the constable of the night, and Carpenter, the beadle.

Q. Where did you go with them? - They came out with me from the watch-house, and came with me to the place where I had seen the sheep go in; they knocked at the door some time before the door was opened. We found the sheep in the yard, and in the necessary.

Q. How many sheep did you find in all? - Seven sheep and three lambs.

Q. Do you know who opened the door to you? - The landlady of the house opened the door.

Q. Did you see any body else at the time but the landlady of the house? - Nobody at all.

Q. After you had seen the sheep in the yard, what did you do then? - Drove them out, and carried them to the work-house.

Q. Did you see any body at that house besides the landlady? - We were coming out of the house and I met the prisoner, and he was dressed like a drover, and I charged the watch with him on suspicion; he was in the court.

Q. How near was he to the house when you stopped him? - Very near, about four yards from the house, coming to his lodgings in that house; he lodged in that house where the sheep were.

Q. What was he endeavouring to do? - When we first came up to come home he wanted to run away when he see the mob at the door; we went round the

corner, and the watchman catched him by the coat, and I desired the watchman to hold him.

Q. He took him, did he? - He did.

Q. Was that the same person that was coming towards home that you had seen? - Yes, that is the man that I charged with the watch, and went to the watch-house and gave charge of him.

Q. You told us just now that there were two persons drawing these sheep into this house; the one by laying hold of the horns, and the other by driving the sheep. Do you know that the man that was taken was either of these men? - I cannot swear to the persons of either, but this is the man that was stopped an hour afterwards, when I brought the constable and beadle, by seeing him in a dress like a drover, and coming to the house.

Q. Do you know whose house it was where the sheep were in? - Mrs. Harrison's, a widow.

Mr. Knowlys. What time did you begin to spend the evening? - I imagine it might be about nine o'clock.

Q. Who did you go with to the public house? - I went to the public house with myself.

Q. How long did you stay in the public house? - I staid about a couple of hours, as I generally do when I have done my work.

Q. You had been drinking a couple of hours in the public house before you see what you tell us? - I had.

Q. The watchman who took them is not here now? - The man that had the care of them is here.

Q. How comes he not to be here? - I don't know, it is not my fault.

ANN HARRISON sworn.

Q. Where do you live? - In Green's-court, St. James's parish.

Q. Do you know the prisoner at the bar? - I do.

Q. Did he lodge with you in August last? - He did.

Q. On the 5th of August, or any time in the beginning of August, do you remember any sheep being brought to your house? - Yes.

Q. Do you know how many there were? - The prisoner was a lodger of mine at the time that he drove them; he knocked at the door between eleven and twelve o'clock, I got up and let him in, and when I let him in he came into the passage, and when he came into the passage he said, will you be so kind as to let me put a few of my master's sheep in your yard for a little while, and I will take them to my master's when the rest are ready; I replied, no, I had no room in my yard for sheep. With that I went into my own room and shut myself in, very much terrified indeed; in three or four minutes after that, the sheep were brought into my passage and put into the yard; they put them into the yard and shut the door.

Q. Did you see any of the persons that put them into the yard? - I see them through the door, and heard them speak, I heard that man at the door.

Q. How long had he lodged with you? - Going on of two years.

Q. You knew his voice, did you? - Yes, I knew his voice very well. Then he went out, and there were people up in the public house smoaking of their pipes, and there was an alarm from that public house to my door, they see him drive them in.

Q. How long had they been gone out of your house before the alarm was given? - About an hour afterwards. This alarm was given between twelve and one, and they put them in between eleven and twelve. I would have made the alarm myself but I was afraid of going out of my own parlour door.

Q. Did you see the people that made the alarm when they knocked at the door? - I was glad when they came, and I went and opened the door, and went and see the sheep in the yard.

Q. Do you know how many there were? - The constable and the people that were there said there were ten, and they were taken out and put into the yard of the workhouse.

Q. Do you remember Phillips and others coming to take them away? - Yes, they took them to the workhouse.

Q. Did you see Spencer after this? - Yes, at the door of the house; he was coming to the door at the time that the alarm was at the door.

Q. Did you see him stopped? - I did not, I was in my own place; but they had him at the door at the time that I opened the door.

Q. Did you go before the justice the next day? - I did.

Mr. Knowlys. What is your watchman's name? - I am sure I don't know.

Q. But you know this watchman very well, if you don't know his name? - I don't know that I should.

Q. What watchman was this? - He was the watchman of Peter-street.

Q. Do you know the headle? - He lives in our parish; he is a very well known man.

Q. But he is not here, is he? - No, I have not seen him here.

Q. How many lodgers have you in your house? - It is only two stories high, and two rooms on a floor; I have got a lodger in my one pair and in my two pair, at this time; I have only two lodgers and a single man besides, his wife is in the country.

Q. Your door was not locked at this time, your street door? - I opened it; it was locked; I let him in.

Q. Did you let him out? - No, I did not, or else I would have made the alarm myself.

Q. What became of the key? - There was no key to the door; but nobody can get in when it is fastened and bolted.

Q. What time was it that this man came in? - Between eleven and twelve o'clock.

Q. What part of the house did you sleep in? - In the parlour.

Q. When he came had he any light? - I had a light in my room; I generally burn a lamp.

Q. In what part of the room do you burn your lamp? - In the fire place.

Q. That is away from the passage? - Yes, it is away from the passage; the light is right opposite the door.

Q. How came you to be so frightened at his asking you to let him put some sheep in? How came that to frighten you? - It did frighten me, and when I was in my room I had not power to come out again. I have two small children, and work hard for my living.

Q. You know sheep are not-lions? - It was a bad time of the night to bring things into my yard; that was the reason that frightened me so very much, so that when I had got into the room I could not have power to come out again; and when the alarm came to the door I plucked up my spirits and went to the door.

Q. Are you sure that you see this man? - Yes, I did; at past eleven o'clock.

Q. Don't you know who this man worked for? Did not you know that he worked for a Mr. Steele? - I have seen his master, but I did not know him by name.

Q. Upon your oath, have you ever said that you never see that man that evening? - I see him between eleven and twelve o'clock.

Q. Have you never said that you did not see him that evening? - I never see

him until he came and knocked at the door.

Q. Have you never said to any person that you never see the prisoner that night? - I never told any body but what I tell you; if I did, I did not tell the truth.

Q. Whether you told the truth or not, did you tell any body that you did not see the man that evening? - I never told any man but what I tell you.

Q. On the oath you have taken, did not you tell Mr. Steele that you never see that man that evening? - No, I told him as I tell you; that I will be upon my oath; this was between eleven and twelve, and it was not three minutes, or between three and four minutes, after he had asked this permission that the sheep came in, and I was terrified in my own room, and they were brought in by him and another man; I heard him and saw him through the hole in the door.

Q. Pray what is this hole in your door? - It is my key hole.

Q. I think that you told me that you were extremely frightened? - Yes, I was.

Q. And yet you see him and the man through the key hole of the door? - Yes.

Q. You told my lord you were so frightened that you could not stir in your bed? - I did not; I told him when I got into my own room I was terrified, and could not get out.

Q. And yet in that state you see this man through the key hole? - I see him pass me through the key hole, and heard him talking.

Q. So you are sure that in that state of fright it you was in, you see him through the key hole, will you stick to that, thought you have once sworn it, that in that extreme state of alarm in which you was in, that you see him pass through the key hole? - I was so alarmed that I was not able to stir out of my place.

Q. Pray, when did you see Phillips last? - I see him a little while before I came in.

Q. Were you not at the public house with the last witness? When were you at the public house with Mr. Phillips? - Since I have been waiting about this business; but not at the public house with him; I don't go to public houses with men. I never was here before in my life.

Q. Did you talk over this business with him, or between you and him? - I never knew what he had got to say; he never told me what he had got to say, only he alarmed the place at the first. I knew he did that.

Q. Did he tell you so or not? - Yes, he did.

Q. I thought you told me that he did not tell you what he had got to say? -He did not tell me any thing particular, but that he was the person that see the sheep brought in.

Q. Then I will ask you whether he did not tell you the whole of what he told us to day? - No, he did not, upon my oath.

Q. He told you that he was there first, and he told you that he see the sheep brought in; did he tell you that he gave the alarm? - Yes.

Q. How came he to tell you this? - I cannot say. I dare say that was not what he had got to say.

Mr. Knapp. Were you before the magistrate? - Yes.

Q. Then you heard what he had got to say there? - No; he was examined before I came.

ANN NIGHTINGALE sworn.

I am a labouring man's wife, I live in Peter street, No. 2l, at the corner, at one Mr. Callow's.

Q. Do you know the prisoner, Spencer?

- He lives the next to me, at Mrs. Harrison's, in Green's court.

Q. Will you tell us, on the 5th of August, in the course of the night what you observed? - I was at work in the military line, between eleven and twelve, in the two pair of stairs; I see Mr. Spencer driving home the sheep, and there was somebody else with him, but who it was I don't know; Spencer I knew him, and I see him; he drove them up the court, Green's-court, and they were drove into Mrs. Harrison's house, and the door was shut; and that is all I know about it.

Q. Do you remember any alarm being given afterwards in the neighbourhood? - No; I did not hear any more about it till next morning.

Q. Look at the man, and tell us whether that is the man that you see that night? - Yes, I am sure that is the man.

Q. Was it a light night? - It was light enough for me to see him.

Mr. Knowlys. You were at work were you? - Yes.

Q. In what garret were you at work in? - I was at work in the two pair of stairs room; I was at work in the military line, and had some work to finish.

Q. Are you a single woman? - No, a married woman.

Q. Was your husband at home? - Yes, but he was in bed.

Q. What day of the week was this? - It was the 4th of August, Tuesday, between eleven and twelve.

Q. You were up two pair of stairs? - Yes.

Q. Was the window down? - No, the court window we take down every Summer, and leave it down all night for air.

Q. You looked out of the window? - Yes; I heard Spencer speak.

Q. Did you speak about that to your husband? - I did observe that it was Mr. Spencer had brought some sheep, and I was surprised as it was not market day.

Q. Could you distinguish what he had on? - I could not distinguish that; he had a flannel waistcoat on. I did not take particular notice of his hat. He had a great trouble to get them in; he made use of an oath that is not proper for me to speak.

Q. How long were you at the window? - About half an hour; he had a great deal of trouble to get them in.

Q. You were in a hurry to finish your work, and you staid half an hour looking out of window? - Yes, I did.

Q. And it was full half an hour? - Yes, I think it was.

Q. You know Phillips, you see him there? - I see some men at the public house, but I did not notice who they were; there was one came out first, and then he went in, and some more came out afterwards.

Q. Did Mr. Phillips ever tell you who this other man was? - I have had no talk with Mr. Phillips only since I have been waiting for the trial.

Q. No conversation has taken place between him and you? - I never trouble my head with him.

Q. If Mr. Phillips, and Mr. Harrison has talked about it at all, or if Mr. Phillips has talked to Mrs. Harrison, you must have heard it? - I have never heard it.

Q. Do you know who those people were who were looking in the court at all this that was going on? - I cannot say who they were; I had no thought of its impropriety.

Mr. Knapp. Your husband, we understand, was in bed all this time? - Yes, he was.

Mr. Knowlys. Did these men talk to one another at the public house? - I cannot say; I did not hear.

Q. Do you recollect the swearing that took place between them? Do you recollect hearing them swear to this man? - I did not.

Q. You see them conversing with him perhaps? - No, I did not.

Q. How near was he to the men? - They might be about seven or eight yards distant.

Q. Was Phillips conversing with those men? - I did not notice the men.

Q. How many more men were there besides? - Two or three, but who they were I don't know

Mr. Knapp. Your husband was in bed all the time, so not being at the window he had not an opportunity of observing what was doing out of window? - He had not.

Q. How near were you to the window? -- Close.

Q. You see Spencer and you noticed his voice? - I did, and that made me get up.

Q. To Mead. What was the value of these sheep of your's? - The value of them was about thirteen pounds or upwards.

Q. Do you know what the value of the lambs were? - About two pounds; they were not mine.

WILLIAM STEELE sworn.

Q. What are you? - I am a drover.

Q. Do you know the prisoner at the bar? - Yes.

Q. Was he your servant ? - Yes, he has been my servant for these seven or eight years

Q. Do you know Mrs. Harrison? - I do not.

Q. To Mrs. Harrison. Stand forward.

Q. To Steele. Have you seen the woman before? - I believe I may.

Q. Had you any conversation with her relative to this business? - I went to Mrs. Harrison's house one day and asked her -

Q. How long ago do you think it is? - I cannot exactly say. I went to the house in Green's-court, but I don't rightly know that that is the woman.

Q. Do you know whether or not it was the house at which Green lodged? - I do not.

Mr. Knowlys to Mrs. Harrison. Is that the person who had some conversation with you? - This man did come to my house once; I believe this is the man.

Q. To Steele. Had you any conversation with her at any time? - I don't know that I changed half a dozen words with her in my life.

Q. Did you ever converse with more than one woman in Green's-court? - Yes, with three or four women.

Q. What character do you give the prisoner? - I have known him for seven or eight years, he has been my servant, and he used to porter at St. James's Market, porter for the butchers, and carry out fish. I have trusted him with four hundred or five hundred sheep and lambs in a drove, and I never lost any thing; and have trusted him with oxen and a number of calves likewise.

GUILTY . Death . (Aged 22.)

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

Reference Number: t17950916-17

390. ROBERT BROWN was indicted for feloniously stealing, on the 31st of August , a trying plane, value 18d. a smoothing plane, value 6d. the goods of Thomas Day ; a Jack plane, value 18d. an edging chissel, value 6d. the goods of James Hughes ; a box rule, value 10d. a wooden gauge, value 2d. the

goods of Richard Handsdale ; a claw hammer, value 4d and a chalk line and roller, value 2d. the goods of Joseph London .

ANN HAWKINS sworn.

Q. Where do you live? - In Painters-rents, Ratcliff-cross . I was standing at my own door between the hours of nine and ten, on the 31st of August, and I heard the bolt go, of the door of the yard of Mr. Joseph Mason , the master of the yard, where the property was taken out, a carpenter.

Q. How far is this door? - Close by my own house, on the opposite side.

Q. By hearing the bolt go, do you mean within? - Yes, within. I turned my head and see the man on the premises, in Mr. Mason's yard; I immediately went up stairs to see who it was, and I see the man go out at the front gate with the property about him; he first looked out of the door and then put the door to again.

Q. From your window up stairs could you see into Mr. Mason's yard? - Perfectly so. Seeing a man with something concealed about him, it being an improper time of the night, I thought to let the persons know; I came down directly and I sent word to James Hughes , whom I knew worked in the shop, and he followed the man and detected him.

Q. How near does Hughes live to you? - Very near indeed, within a stone's throw.

Q. Did you know the man by sight that you see in the yard? - No, I did not till I see him again the next day; I see him when he was brought out of the watch-house. I am sure it was the same man.

Q. What distance were you from the man in the yard? - It is a few yards from my house.

Q. What sort of a light was it? - Moon light.

Q. You did not go with Mr. Hughes to the yard? - I did not.

Q. Had you ever seen the prisoner before? - Not to my knowledge.

JAMES HUGHES sworn.

I am a carpenter .

Q. Who did you work for at this time? - Mr. Mason, George-street, Ratcliff.

Q. Near the house of the last witness? - Yes.

Q. Had you been at work there on the 31st of August? - Yes. I left the yard between nine and ten in the morning; my master put me to another job; I left my tools on the bench, a jack plane and an inch edging chissel.

Q. Did you return to the yard that day before the alarm? - No. Between the hours of nine and ten in the evening it was reported to me that there was a man in the yard, with something about him.

Q. Did you see any body come out of the yard? - No, I did not.

Q. Did you go into the yard? - No, I did not go that road, I went towards Cockhill, by report that he had gone that way. I took the prisoner opposite the East India warehouse, Robert Brown

Q. What distance is this from the yard? - About two hundred yards. I said, my friend, where did you get these things; he had the tools open under his arm.

Q. Did you know him by sight before? - Yes. He told me that he get them from Limehouse; I asked him to let me look at the tools, which accordingly he did. The first thing I had from him was a trying plane, the next thing. I laid hold of was a jack plane, that was my own property; with that he then downed on his bended knees and begged for mercy, which I told him I could not do till such times as I had sent for the foreman.

Q. Had he a great coat on at that time? - Yes, I sent for the foreman; he came

and the prisoner was taken into custody.

Q. To whom were the things delivered? - To the headborough of the night, Thomas Gooding.

THOMAS GOODING sworn.

Q. Have you got the tools? - Yes, all of them.

Q. Where did you receive them? - At the watch-house, at Ratcliff; I was the officer of the night, on my duty. (Produced.)

Q. You have had them ever since? - Yes.

Q. To Hughes. Were the tools all open about the prisoner? - Some of them were in his pocket. The jack plane and inch edging chissel is mine.

THOMAS DAY sworn.

Q. Are you a carpenter ? - Yes.

Q. Do you work with Mr. Mason? - Yes.

Q. What time did you leave the yard on the 31st of August? - Seven o'clock in the evening.

Q. Did you leave any tools behind? - Yes, on the bench, several tools.

Q. Among the rest did you leave the trying plane and smoothing plane? - Yes.

Q. Look at the trying plane and smoothing plane. (Produced) Are they your's? - They are marked with one letter of my name.

Q. Is there any door that opens with bolts? - There is to the back part of the gate.

Q. Does that door look towards Mrs. Hawkins? - Yes.

Q. RICHARD HANDSDALE sworn.

Q. You are also a carpenter employed by Mr. Mason. What time did you have the yard? - Seven o'clock.

Q. Did you leave any tools behind? - Yes, several.

Q. Among other things did you leave a rule and gauge? - I did.

Q. Look at the rule and gauge, and see whether they are your's? - They are mine.

JOSEPH LONDON sworn.

Q. You are also employed by Mr. Mason; is there any thing there your property, that was lest in the yard? - This hammer, and this chalk line, and ruler.

Prisoner. I beg the mercy of the court, and the gentlemen of the jury.

GUILTY . (Aged 20.)

Transported for seven years .

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

Reference Number: t17950916-18

301. JANE HUGHES was indicted for feloniously stealing, on the 22d of August , one guinea, and one half guinea , the monies of Samuel Bott .

Samuel Bott was called on his recognizance, and not appearing the prisoner was

ACQUITTED .

Reference Number: t17950916-19

391. JOHN AKERMAN and CATHARINE AKERMAN were indicted for feloniously stealing, on 3d of August , fifteen pair of cotton stockings, value 1l. 10s. a pair of man's leather shoes, value 2s. seven muslin neck handkerchiefs, value 7s forty three pair of leather gloves, value 3l. three pair of silk stockings, value 1l. 10s. four men's linen shirts, value 2l. ten yards of muslin, value 1l. five yards of russia duck, value 5s. three yards of flannel, value 3s. one hundred skains of silk, value 16s. nine pieces of tape, value 3s. ninety yards of

silk ribbon, value 15s. one pound weight of brass pins, value 2s. the goods of Joseph Cadney , in his dwelling house .

MARIA CADNEY sworn.

Q. Are you the wife of Joseph Cadney? - Yes.

Q. You keep a shop? - Yes; an haberdasher's, hosier's and glover's, No. 6, Union-street, New Bond street ; I went out of town on the 2d of August, to see a child of mine that was at Deptford, and I left Akerman and his wife and child in the house; they lodged with me almost two years and a half; I asked them if they were going out? they said they did not think they should go out that day, and so I was very well satisfied; I returned in the evening between nine and ten o'clock; the shop was locked up, being Sunday; when I returned I knocked three times at the street door, on which a young man, who dined with Akerman that day, let me in, with a candle in his hand; his name is William Jefferies , he is not here; I did not miss any goods till Monday morning.

Q. Did you observe any thing particular in your shop before Monday morning? - Nothing, but when I put the key into the door, I could not turn the key, and I observed to Mrs. Akerman that I had forgot to lock it, it was shut, but not locked; when Mrs. Akerman made answer and said, that she had been out on that day, and that it was very improper for me to leave my shop door open, in case I knew it; I made answer and said, as long as she was in the house I was contented, for I was sure that she would take as great care of my property as myself.

Q. Do you recollect any thing about locking your door when you went away? - I cannot say; on Monday morning a woman came in for some irish cloth, which I was confident that I had left in the shop on Saturday night, eleven o'clock.

Q. What time in the morning was this? - It might be half after ten.

Q. Then your shop had been open some time? - Yes, the shop was open at eight o'clock.

Q. But you did not observe any thing particular about the shop till this woman came in? - I did not; on which I went to look for my goods, and could not find it, and she went away, saying that as I had been so often unfortunate, she had no thoughts of my ever finding it; she was the carpenter's wife that worked for me. I have been losing for these two years, which has impoverished me very much. Curiosity led me to enquire further into the shop, and by looking at several parcels, and examining the shelf, I discovered I had lost some neck handkerchiefs, the irish cloth, some stockings and gloves, and various articles that I sold in the shop; I cannot swear that I lost all the articles from the Saturday night, but the piece of cloth I did, and a half handkerchief, for I left them on Saturday night, the last thing I did, on the snels, and a pair of silk stockings, marked M. B. on which I rung Mrs. Akerman's bell, Mrs. Akerman did not come to me, but sent a person that was up in the garret, down; I then after I had recovered myself, I went up into Mrs. Akerman's apartment, and told her I was robbed, and wished to know if she left the house in the course of the day; she told me she did, she said she was very sorry, and seemed very much hurt at the news, and could not conceive who it was could do it; I wished for her to let Mr. Akerman come with me to Bow street, to get a search warrant, in search of my property; I intended to have searched that house where that young man lived, who dined with them on Sunday, and also my own house. Akerman was

not at home; she seemed very much hurt that I should accuse the young man, and said she thought him innocent; I told her that I could not think him innocent, for the neighbours assured me that there was nobody in the house that day but Akerman and his wife, and this young man, and their child.

Q. What age is that child? - About two years old. I was not satisfied, but I said I would take a warrant out against him, on suspicion, she begged I would go over and look at his boxes; he was in the street, and I called him over, and told him I was robbed; he said he knew nothing of it, but he was willing to be searched, or taken up on suspicion; on which I acquainted one Harley, a carpenter, who built a parlour behind my shop, and Harley told me to make no more hesitation, but to put on my hat, and then we went straight to Bow-street; we could not be supplied immediately with a search warrant; on my return home I came into the shop, and Akerman came into the shop? door, on which I told him that I was robbed the day before, he seemed very much affected indeed, at my telling him, and went up stairs hastily to his wife, what passed there I know not, but in a very little time he went out with a bundle of something, what it was I cannot say; on which the painter, who was painting the parlour, whose name is Samuel, who see him go out, says, why don't you stop that man with that bundle, I made answer and said, no, it is Mr. Akerman, I have such a good opinion of that man, I would not insult him so much; with that I went up stairs to his wife, I see nothing, I came down again, and when I came in, there was a woman came in of the name of Elizabeth Banks , with the key of the street door; the person that was in the shop asked her what brought her with the key of the street door? and she said that Akerman delivered it to her; after that I went up again to Mrs. Akerman; she brought the key to let herself in, it was Akerman's key; she went no further than the shop, she went out again; I went to Mrs. Akerman's apartment again, and this young man was in the room along with Mrs. Akerman when I entered the room, and I said, that something directed me to the garret, and he asked me what could direct me there? I said that I might see the tracks where somebody might have come in while Mrs. Akerman was absent, she said it was of no use, because any body that robbed me would not be so foolish to leave them on my premises. I went up stairs, entered the back garret, and I see the feather bed very high, on which my curiosity led me to see what was concealed under the bed, between the bed and mattras I discovered my property tied up in a pocket handkerchief, to the amount of twenty-eight pounds on that day; it is imposible to mention all the articles, I have brought some for your lordship to see.

Q. Did you find any cotton stockings there? - Yes, to the best of my recollection I think there were five or six dozen; some muslin neck handkerchiefs, I cannot say how many; about fifty pair of leather gloves, one piece of muslin, and two very small remnants, near five yards of russia duck, three remnants of flannel, about seventy skains of silk, a small quantity of ribbon.

Q. What do you think all these were worth, the prime cost? - About twenty-three pounds. On my finding these goods I was very much alarmed, and fell into screaking fits, and the people of the house came to my assistance, Fordham and Samuel, I told them to the best of my knowledge I had all my property, but I did not know the thief; I came then to Mrs. Akerman's apartment, where I found her very much distressed indeed, Akerman had then left her, she threw herself on her knees, and craved for mercy, and said

she was the thief that put them there, she said Akerman did not do it, but he drove her to it; I was very much hurt to see her deplorable distress, I told her I would be merciful to her, but to deliver me up all that she had of mine; she then said there was a great deal of my property taken out by her husband, Akerman, and concealed in a trunk, in the apartments of Elizabeth Barks , which I should have; Harley took Mrs. Akerman to the apartment of Elizabeth Barks , to bright back the property; they came back again to my house.

Q. How far off did Elizabeth Barks live? - I really cannot say.

Q. When they returned what did you see? - I see nothing, the trunk was gone; Mrs. Akerman remained in my house till Tuesday morning, I then told her to fly with her child, and never to let me see her more; she said she would go and send me the same property in that same trunk; that she would seek it out, and send it to me with my property in it; Elizabeth Barks came about seven o'clock in the eveinig, and brought me a note wrote by Akerman, and in about half an hour she said the coach would come with the trunk, on which, thinking it not proper to receive these goods, I sent to Harley, the carpenter, and we went immediately in a hackney coach to Bow-street, with Elizabeth Barks , and left word with Mr. Fordham, if the trunk came that it should come up to Bow-street.

Q. And did the trunk come? - Yes; it was in the custody of Fordham that night; the next morning the coachman brought the trunk to Bow-street.

Q. Were you present at the opening of the trunk? - Yes, and I swore to my property, which is to be produced. I believe the woman had a good character till this happened.

Mr. Knapp. You said that this man and this woman had lived with you about two years, lodged in your house? - Yes.

Q. They were married people? - I believe they were.

Q. Up to the time of the period we are speaking about, she has maintained a good character? - A very good one indeed.

Q. You had a very good opinion of her? - The best in the world, as if it was my own sister.

Q. She said herself that she did it, but she accompanied it with something else, that her husband drove her to it? - She did.

Q. The husband was the person that took the bundle out of the house; the husband was the person who was directed to in order for to get the trunk? - It was so.

Q. She staid in the house two days after this, till Tuesday? - She did, she had not the power to get away.

Q. Mr. Alley. You say this Irish cloth was the only thing that you recollect to have seen on Saturday? - Yes, and half an handkerchief, and a pair of silk stockings.

JAMES HARLEY sworn.

Q. You are a carpenter? - Yes.

Q. You worked at Mrs. Cadney's? - I did. On Monday the 3d of August my business called me on Joseph Cadney's premises, No. 6, Brew-street, Bond-street; I heard of their being robbed at ten o'clock, I told her I was very sorry for it; I advised her to go with me to Bow-street, to give information; of the robbery; she went to give information; when I came back as far as Union-street (I live in Shuttle-street, which is not above a dozen yards from her house) I went home to get some refreshment, and I had not been home above a quarter of an hour before the painter that was at work on the premises, came to inform me that part of the property was found in the back garret; I told the painter that I

should come to the house as soon as I refreshed myself; in a few minutes I went to Mrs. Cadney's house, when I went I was desired to go up into the back garret, to see what was lest there, I did so, and there I see, strewed over the bed, a vast quantity of articles in the haberdashery line, such as muslin, stocking, ribbons, tapes, and a number of things, I have got an inventory of the whole of them in my possession. I went down immediately to Bow-street again, to have the advice of the clerk, how to act; while I was waiting at the office, a friend of Akerman's, a woman, of the name of Barks, came to me to Bow-street, she came with a young man to me, with an express order from Mrs. Cadney, that she thought she had found the whole of her property and begged that I would not proceed any farther on the business.

Q. That young man was Jefferies, I understand? - I believe it was the young man that dined with them, as I understand, the Sunday before I immediately went back to Mrs. Cadney's house, I was told that Mrs. Cadney was up in Mrs. Akerman's room; we went up stairs, Barks and I, when we came there the prisoner at the bar-seemed to be in a very distressed state, and I was rather fatigued, and I sat down in the room a few minutes, after I sat down she downed on her knees, and begged for mercy, and she seemed penitent for what she had done, she acknowledged she had done the robbery, and further said, that if Mrs. Cadney would forgive her, that there was a great deal more of her property in a trunk at Mrs. Barks's apartment, which she would deliver up, if she would forgive her; this Elizabeth Barks was in the room with us, she acknowledged to have two trunks of theirs in their apartment, but said that she did not know what they contained; and the prisoner having a young child, and seeing the child condoling her distress, I advised Mrs. Cadney if she could get the whole of her property back, it would be best to let the woman go about her business, and fall into the hands of somebody else; I went then with Barks and Mrs. Akerman to No. 24, Bryanston-street, the second floor front room; when we went to the door the woman unlocked the door, when we entered the room the trunks were gone, she seemed very much surprised and agitated when she found the trunks were gone, she made this remark, and said, I have got two keys to my door, and I gave one to Akerman some time ago, the trunks were here this morning. and I have no doubt but he has been here and taken them away; I then conducted Mrs. Akerman back to Mrs. Cadney's.

JAMES FORDHAM sworn.

Q. You worked for Mrs. Cadney? - No, I am a victualler; I heard that Mrs. Cadney had been robbed, and I went to enquire what she had done in it; I went up in the garret along with her. and there I saw a vast deal of her property.

Q. Did you hear Catharine Akerman say any thing? - I did not. On Tuesday, according to Mr. Harley's and Mrs. Cadney's desire, I detained the coach, which came with the two trunks in it.

Q. Where did you find the coach? -At Mrs. Cadney's door; I proceeded with the coach to Bow-street, and went up before the justice, and they informed the justice that the trunks were in the hackey coach below, the justice desired me to take them back again, and keep them in my own apartment till the next day; accordingly I did, I locked them up, and no foul entered the room; the coachman that I had them of brought them down, and helped them out with me, and carried them to Bow-street the next day, and there Mrs. Cadney swere to her property.

ELIZABETH BARKS sworn.(The note the prosecutrix received by her, from Akerman, shewn her.)

Q. Do you know that writing? - It is Mr. Akerman's, he gave it me out of his own hands. (Reads.)

" John Akerman orders for Mrs. Barks to do as she thinks proper with my property. me, I. Akerman" August 4th.

Q. On what account did he deliver that to you? - He delivered it to me to part with his furniture, to make the most of it I could, he had two rooms of goods at Mrs. Cadney's.

Q. Does it allude to any thing that was in the trunks? - No, nothing at all.

Q. Do you know any thing about the trunks? - I know the trunks were brought to my apartment about nine days after the last quarter day; Mr. and Mrs. Akerman asked me if I would be so kind as to let their trunks stand in my apartment, as they were going to Scotland; on that morning that I fetched the trunks away, Mrs. Cadney gave them warning to quit the room.

Q. How got they out of your house again? - I really don't know; I went to keep Counsellor Swaine's house last summer, and I had two keys to my door, and to my padlock, because I let my room to single men while I am out, and Akerman had one key of each lock, as the trunks were at my house.

Q. When you went to your house for the trunk, and the trunks were gone, did you observe whether the door was broke open, or opened with a key? - It must have been opened with a key, and I had but one key in my pocket.

Q. There was no sign of its being broke open? - None in the least.

Q. How came you to go with the key of the door to Mrs. Cadney's? - About last quarter day Mrs. Akerman gave Mrs. Cadney warning to leave the room at the half quarter; Mr. Cadney rather demurred at leaving it the half quarter; I said, as they were going to Scotland and the goods were going to be parted with, it was very well that she had got the half quarter.

Q. When you went with the key, did Akerman send you, or did you go of your own accord? - I went of my own accord. Mrs. Cadney knew that I had orders to part with the goods.

Q. Did you knew where the trunks went to? - I did not then.

Q. Do you know now? - Yes, they went to the corner of Quebec street, to Mr. - , a baker.

Mr. Knapp. You had two keys you say? - Yes.

Q. Were these trunks brought to your house before you suspected this robbery? - Yes, Mr. Cadney helped me to cord up these trunks, and take them down to my apartment.

Q. He gave you orders to dispose of the goods as you could? - Yes.

Q. And he gave you the orders so to do? - Yes, he did.

SAMPSON THOMAS sworn.

I am a hackney coachman; I was the first coach at the rank in Oxford road; a man came and called coach; it was in August, I don't know the day of the month, I believe it was on Monday or Tuesday, I don't know which; the prisoner is not the man that called the coach; the man that called the coach had an apron on like a porter; he ran before me; I went up into Gloucester-street with the coach, and there were two boxes on the flag stones.

Q. How far is that from Bryanston-street? - About two hundred yards, or thereabouts. When I came into Gloucester-street the man that fetched me said, turn round here.

Q. Did you take the trunks into the coach? - I did.

Q. Was the prisoner Akerman there? - I cannot say; there were two men there, but whether he was there or no I cannot positively say, because it was dark. I look upon it that the other man was rather shorter than the prisoner at the bar. I cannot say whether he was the other man or not.

Q. Where did you carry these trunks? - To No. 6, Union-street, Bond-street, to Mrs. Cadney's house, where I was ordered to go with them; from thence I was ordered to Bow-street; then I was ordered after a while to take the trunks back again to Mr. Fordham's, the man that keeps the Shepherd and Flocks, and helped the trunks into the room; and the next morning helped him with them down stairs into the coach again.

CHRISTOPHER KENNEDY sworn.

Q. I am an officer of Bow-street; I went and apprehended the prisoner, on the 4th of August, Tuesday evening; I went to a baker's shop the corner of Quebee-street, up two pair of stairs in a back room.

Q. Who directed you there? - Elizabeth Barks. I went with her there, and she shewed me the prisoner Akerman and his wife. I asked him what became of the remainder of the property? While I was speaking to him he pulled two handkerchiefs out of his pocket and threw them under the table; I asked him what he threw there. and picked them up (produced) and put them into my pocket directly; Mrs. Cadney swore to them at the watch-house.

Mrs. Cadney. These are such handkerchiefs as I told in the shop; they have not been wore nor made up.

Q. There is no particular mark? - No.

Konnedy. Then I searched him further and found nothing about him but his pocket book; then I searched the bed in the room, and between the sacking of the bed and the bedstead, I found this waistcoat, wrapped up in this manner (produced) with these things inside of it.

Mrs. Cadney. I believe the waistcoat is my husband's, but I cannot swear to it, there is no mark.

Q. What things are in the waistcoat? - A pair of stockings, a child's shoe, I know it, it has my mark; some ribbon, my mark is not on it, I sell such things.

Mr. Alley. Is there any one concerned with your husband in the profits of the business? - No, nobody; he pays the rent of the house himself; he is a servant, he has been a valet for several years.

Prisoner John. I have nothing to say; I leave it totally to my counsel.

Prisoner Catharine. A wife is but a servant to her husband.

John Akerman , GUILTY.

Of stealing to the value of 39s.

Transported for seven years .

Catharine Akerman , Not GUILTY .

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

Reference Number: t17950916-20

392. GEORGE BRISTOW was indicted for feloniously stealing, on the 15th of July , one pound and four ounces weight of bohea tea, value 3s. 3d. the goods of the East India Company .

JAMES RICKMAN sworn.

I am a labourer and watchman, employed by the East India company in Fenchurch-street warehouse.

Q. Do you know the prisoner at the bar? - Yes.

Q. In consequence of any direction that you had, what did you do on the 15th

of July? - I went down the alley, in the warehouse, where the Camsoy teas were exposed to sale; I concealed myself there behind some of the chests; I observed the prisoner at the bar come into the alley, and he took a bag out of his pocket and filled it up out of a chest, No. 3841, and when he had filled that bag he put it into his pocket, and he went to another chest, No, 3970, and there he tore the lead open and filled a bag also, he put that into his pocket also; and when he had so done he came back to the former chest, No. 3841, and took some out and put it into his pocket and apron.

Q. Then the labourers wear aprons in the warehouse? - Yes, and they have a pocket in it to put their tools in. After that he came out of the alley from between the rows of teas, and I followed him out of that warehouse and through another, which was empty; I never had my eye off from him; I followed him through these warehouses, came up to him, and I put my hand on his shoulder, and said, Bristow, Mr. Wilson wants you; says he, goodness, what does he want with me? I said, I cannot tell you, Bristow, what he wants with you, but you must go with me directly. Accordingly he walked down one pair of stairs into the yard, and when he got there he said he wanted to go to the necessary; I told him that I could not suffer him to go there, he must go to Mr. Wilson; says he, for God's sake, Rickman, don't take me; says I, I am sorry for you, but you must go there. Accordingly, when we got to the counting house door, he made a bit of a stand, having some reluctance to go in; upon which I took him by the shoulder and forced him in. Then Mr. Tarrant, a custom house officer was sent for to search him.

Q. What did he find? - One pound four ounces of tea; one bag in each pocket, and some loose in his apron pocket; he begged for mercy, and said it was distress that had driven him to it.

Q. These chests that he took the tea from were in the company's warehouse? - Yes, in the company's warehouse, where nobody was employed at that time to work.

Prisoner. You said in the last place that there was no man to work on that floor, when there were thirty of forty people there. On what floor was it? - The congou floor.

Q. How can that be bohea tea then? - No, it was Camsoy tea.

Q. Could I have gone out of the warehouse without being searched? - No, you could not.

Q. Don't you expect a guinea for this from the company? - How can I expect that which I have never been promised.

JAMES TARRANT sworn.

Q. I believe you are a revenue officer appointed to superintend at the East India warehouse? - Yes.

Q. Were you present at the time that the prisoner was brought by the last witness to Mr. Wilson? - I was not; I was sent for about ten o'clock. I went immediately into the counting house, and there was the prisoner at the bar standing inside of the counting house, Mr. Wilson said, the man there has got some tea in his pocket, and you must take it from him; I went up to him and said, you have got some tea, and I must have it; on which he put his hand into his apron and took some tea out, and I took the remainder out of his apron.

Q. What tea is it? - Camsoy tea; it is better than souchong, and not so good as congou, a black tea, all bohea. (produced.)

Prisoner. I was employed in the East India company's warehouse as a labourer ; I had been a considerable time sick, and

been away, having worked a long time with the sugar and Indigo; I had been there but four days among these teas when this business happened. I was at work on the congou floor, where the congou and camsoy teas are, and I had an accident to spill this tea out of the chest, which got into the dirt, and I could not think of putting it into the chest, because it would have spoiled the whole, and I thought there could be no harm to take a little out of two chests and put it in this other chest. He may as well charge me with stealing the chests as intending to steal the tea I have a letter in my pocket from Mr. Robert Black , whom I have lived with and since then I have lived with one Mr. Marshall, who is now abroad, and I believe I have one or two housekeepers to speak for me on the outside. If I had been going to steal tea I would not have taken bohea tea, I could have taken hyson tea, which is worth half a guinea a pound.

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

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17950916-21

393. CLARK HILLIARD was indicted for feloniously stealing, on the 5th of August , three silver tea spoons, value 5s. the goods of George Wiltshire and William Marriott .

GEORGE WILTSHIRE sworn.

I lost three table spoons, on the 5th of August, and we had a search about the house, and this prisoner at the bar was a hired waiter for the day; when evening came on the was rather in liquor, and I ordered him to be paid and discharged, and desired the lads, as he was forward in liquor, to feel if he had any thing in his pockets. When the lads went to do that, he seemed to object and ran into the street without his hat; he was brought back again by the lads and the constable; I then told them to examine his pockets, and he did begin, and pulled out the leg of a chicken in a bit of paper that he had; the constable observed that as he was come back he had better be taken into the room and examined; and then, I believe, he found some tea spoons on him; I was not present. The spoons, I have reason to believe, are mine; they have my name on them.

FRANCIS HALNUT sworn.

Q. You are the constable? - Yes. I was officer of the night. and I went out to see that the watchman were all on their duty, and I see the prisoner, and I followed him to Mr. Wiltshire's house, and Mr. Wiltshire thought proper to send him home, but I thought it proper, it being my duty as a constable, to search him, which I did, and found this property on him; he had two pair of breeches on, and between the skin and his under breeches I found this property wrapped up, three tea spoons.

Prosecutor. I can only believe them to be mine; I cannot swear to them; I have one to answer the mark on one of them, A. W. I had three spoons missing that day, and this man attended a large company of forty or fifty who were at tea. He is a man that gets his bread by waiting from house to house, by the day; he waited at my house on that day. I cannot swear to the marks because they are not marked with my name; there were three missing when we counted the spoons, which we did the first opportunity after we found this; we might have counted them a week before; we do not count the tea spoons every day, but we do the table spoons. This napkin in that they are wrap

ped up in I cannot swear to; we had a great many napkins about that day.

Prisoner. I am innocent of it. About half past eight o'clock I was going to the vault, through the yard, as I was going between some empty bottles that were there; I seeing a parcel lay of something as if white paper, I came back again and picked it up, and thought it might have been something that some gentleman might have dropped, and I picked it up and put it into my pocket, I did not know what was in it; there was nobdoy see me pick it up at all. I was as willing to be searched as any one in the place.

The prisoner called two witnesses who gave him a good character, except being guilty of getting a cup of liquor too much.

Court to Prosecutor. What public house do you keep? - The King's Head, in the Poultry .

Not GUILTY .

Tried by the London Jury before Mr. Justice ASHURST.

Reference Number: t17950916-22

394. CLARK HILLIARD was again indicted for feloniously stealing, on the 4th of August , five diaper napkins, value 2s. 6d. a linen doiley, value 6d. the goods of John Bleaden , John Farley , Edward Terry , and John Henry Peacock .

JOHN BLEADEN sworn.

Q. What do you keep? - The London Tavern .

Q. Who are your partners? - John Farley, &c. In consequence of this man being stopped at Mr. Wiltshire's, I got a search warrant to search his lodgings.

Q. Was this man employed about your house? - Yes, for four or five years as an extra waiter , he used to be employed sometimes two or three days in a week, more or less as the occasion required, he was employed, and I believe, he was the day before this happened.

Q. He was not discharged from his occasional employment at the time of his being apprehended? - No, he was not; he was sent out once or twice from the house, being in liquor. Mr. Wiltshire had the search warrant, and I went with Mr. Wiltshire to his house.

Q. Where were his lodgings? - In Welsted-street, Sumer's Town.

Q. When you went there did you see any thing of him? - No; he was in custody on Mr. Wiltshire's charge.

Q. How did you know this to he the prisoner's lodgings? - The woman is here that he lodges with. I found five napkins.

Q. Who executed the search warrant? - The officer of Bow-street; he is here, I believe.

Q. Where did you find these napkins? - In the apartment; the prisoner's wife was there.

Q. Did you happen to know her before this time? - I did not. Some of the napkins were made up in child's clothes, and some into a cloak apparently for a woman. Those that were not made up were found in the front room; the doiley was in the closet.

Q. How many were not made up? - Three. The constable brought the things away.

Q. Are you enabled to speak of your own knowledge to the napkins that were made up, as being your property? - Yes; they are marked with our usual mark.

Prisoner. I always take a clean napkin along with me to bring home the broken victuals in.

Witness. We always give every occasional waiter the broken victuals.

Q. Do you allow them to bring home the broken victuals in your napkins? - No.

Prisoner. When the waiter comes to pay the half crown he always asks for the cloth, and I give him my cloth; and if he has given me one of Mr. Bleaden's cloths I cannot say for that; and the last two days I was at work at Mr. Bleaden's I had no cloth of my own, and the waiter lent me one.

JOHN SAYER sworn.

Q. You was an officer employed on this occasion. Did you go with Mr. Bleadon to the lodgings of the prisoner? - Yes; I believe it was on the 6th of August.

Q. Where were the lodgings? - In Somer's town; I don't recollect the street.

Q. How did you know they were the prisoner's lodgings? - Only as informed by Mr. Bleaden and the other gentleman that went with me. I found the woman up stairs.

Q. You of course did not know that woman before? - No.

Q. What room did you search? - The back and front garret.

Q. Was that the habitation of the prisoner? - Yes; I was informed so by the landlady.

Q. What did you find there? - These things that I have now to produce.

Q. Did you find them all in one room or in different rooms? - I believe most of them in one room, if not all.

Q. What are they? - Napkins and one doiley.

Q. Any things made out of napkins? - Yes, a child's cloak and a bed gown.

Q. Did you apprehend the prisoner? - No.

Q. Were any of these things shewn to the prisoner afterwards? - None of them.

Prisoner. These are the napkins that I was to bring back to Mr. Bleadon's waiters, they gave them me to take home the broken victuals with; and I always made a rule for my wife to wash them.

MARY WOOLLIVANT sworn.

I live at No. 4, Welsted-street, Somer's Town.

Q. Do you keep the house there? - Yes.

Q. Do you let lodgings? - Yes.

Q. Do you know the prisoner at the bar? - I have known him these eight years; he has lodged with me a twelve-month the 1st of October.

Q. What part of the house did he lodge in? - The two garrets, one at the front and the other at the back.

Q. What family had he in your house? - A wife and two children.

Q. Do you remember the time when Mr. Bleaden came with the officers to search his apartments? - Yes, I was at home then.

Q. Did you go up with them to the apartment? - No.

Q. Did you tell them what apartments the prisoner lodged in? - I did.

Q. Were you present when any thing was found or produced? - I keep an haberdasher's shop, and I was below in that apartment.

Prisoner. Mrs. Woollivant knows nothing ill of my character? - I never heard any thing against his character before in my life, and I was quite surprised when I heard this account.

Prosecutor. Two of the napkins I can swear to by the stamp of Bleaden and Co.

Q. Is there any number on the napkins? - There is not.

Q. As to these napkins having been in your house any particular time preceding this is impossible for you to speak to? - That I cannot say, for we lose such quantities it is impossible.

Q. Can you say how long you have had these napkins? - I cannot.

Q. Can you say they were lost a twelve month before this time or less? - I cannot.

Q. There is a doiley, is that in the same situation? - Yes.

Q. How long had the prisoner been employed about your house? - I believe about four or five years, sometimes two or three days in a week. I particularly know the child's skirt, it is made up of napkins; here is my marks.

Prisoner. I never took any thing out of the house without asking my employer, the waiter. As for some of the things made up, my wife bought the things of a person that came round the place. The last time I was working there, the last two days I had no cloth, I asked Mr. Thorn, Mr. Bleaden's head waiter, if he would let me have a cloth to carry home my supper with? and if I get a cloth of any person where I work I always take it back again the next time I go. It is possible I might make a mistake and change my own napkins for one of Mr. Bleaden's; some times we are not sent home till one or two o'clock in the morning.

The prisoner called one witness to his character.

GUILTY . (Aged 40.)

Transported for seven years .

Tried by the London Jury before Mr. Baron THOMPSON.

Reference Number: t17950916-23

395. HANNAH LOTT was indicted for feloniously making an assault, on the King's highway, on the 6th of July , on William Ashton , putting him in sear, and feloniously taking from his person and against his will, a silver watch, value 2l. and a piece of steel chain, value 6d. the goods of the said William Ashton .

WILLIAM ASHTON sworn.

On the 6th of July last, Monday night, between the hours of eleven and twelve, I was going to Back-lane; this Hannah Lott solicited me to know where I was going; I told her I was going home to my wife and family; she asked me to step with her into an alley, for she had some, thing particular to speak to me. Accordingly I did, when I came into the alley I clapped my hand on my breeches to the chain of my watch; I asked her what she wanted me for? she said, nothing; I took hold of the top of the chain, and she took hold of the body of it and twisted the chain in two, and delivered the watch first to one woman, and that one delivered it to another and ran away with it.

Q. Then she got the watch into her possession and broke the chain? - Yes. So I left her, and they took the hat off my head, and by running in pursuit after these that had got my property then in hand, I slipped my foot and fell down.

Q. Had you known the prisoner by sight before? - Never in my life. Then I went into the street, and the watch was going his round, he was going into the alley, and I told him that I was robbed of my watch and chain, and hat. The watchman went round along with me, but he could not find any hat nor none of the girls; I went along with the watchman, and then in about ten minutes I returned to the alley, and near about the same place where I lost my watch, I found my hat laying in the gutter; accordingly after I found my hat I returned back again to go into the street to go toward home, and when I came to the street the prisoner at the bar was sitting on some steps quite unconcerned; I attacked her, and asked what she had done with my watch? and told her if she would be so kind as to let me have my watch again, or let me know how I might get it, I

would give her four or five shillings, and let her go about her business, and not give her in charge to the officer; with that she cursed me in a very profane manner, and that instant that officer came up, and I gave charge of her. That is the very girl that pulled the watch out of my pocket.

Q. Have you found your watch? - No.

Prisoner. Was not I at the end of the court when you lost your watch? - No, you was not.

JAMES CHARLES sworn.

I am a painter and glazier by trade; I am headborough of the parish; I was officer of the night at the watch-house; I heard the man demanding of his watch, I was going my round, and I came up to see what it was; I asked what was the matter, and what led him there? he told me that he had been robbed of his watch, and the prisoner at the bar it was that robbed him. She was present at the time; he gave me charge of her as the woman that robbed him.

Jury. Was the prosecutor sober at the time? - He certainly was not cleverly sober, but he was sensible enough to know what he said and did, for he said exactly the same before the magistrate the next morning.

Prisoner. It was about eleven o'clock at night I came from over the way, from a public house, and I set me down at the end of this court for about ten minutes, and two girls came running down and jumped over me, and said, there is a man going to beat us; about five minutes afterwards this man came down and said that he had been robbed of his hat and watch; he said nothing to me, but went into a chandler's shop, in the mean time, when he was gone, a girl came down with a hat under her apron; says I, that is the man's hat; says she, don't you say nothing about it, I will go and throw it over the wall; and she went away, and I saw no more of it; after that he came back to me and said, you are the girl that robbed me, and he called our officer twice, and the officer came up, and he gave charge of me, and they took me to the watch-house, and searched me. I am sure if I had robbed that man I would never have been there.

Court to Prosecutor. Is any thing true that the girl has said? - No. There were three girls.

The prisoner called two witnesses to her character.

Not GUILTY .

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

Reference Number: t17950916-24

396. CHRISTOPHER COLLINGS was indicted for feloniously stealing, on the 31st of August , two pair of silver shoe buckles, value 30s. the goods of Robert Chandler .

ROBERT CHANDLER sworn.

I am a silversmith and jeweller .

Q. When were you robbed? - The 31st of August last, Monday.

Q. Was the prisoner a servant or a stranger? - A stranger. I was out at the time; I did not come home that night; the first I heard of it was the next morning.

Q. You prove your property, I suppose? - Yes.

Q. When had you last seen the shoe buckles before you went out? - About three hours before that I set the drawers to rights, about the middle of the day.

Q. In what street do you live? - In Leicester-square .

WILLIAM DEANE sworn.

I am shopman to Mr. Chandler. Between seven and eight o'clock in the evening, the prisoner at the bar came into the shop (we had light all the lamps) he asked for a pair of buckles; I was so busy at that time with a lady I could not serve him, I let him stop about three minutes, just before I went to him, he said, are you going to serve me? On my going up to serve him I found the silver buckle drawer pulled open about twelve or fourteen inches; I told him that I suspected him taking a pair of silver backles out of this drawer, and I insisted on searching his pockets. I found two pair of silver buckles in them.

Q. Did you see the boy near the drawer while you were serving the lady? - He was close to it, and no other person near it. I took the two pair out of one pocket.

Prisoner. I would be very glad to go to sea, to serve, my King and country.

GUILTY . (Aged 12.)

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17950916-25

397. ALICE BAKER was indicted for feloniously stealing, on the 18th of August , a silver watch, value 5l. and four shillings in monies numbered, the goods of Henry Willian Weber , in the dwelling house of her the said Alice Baker .

HENRY WILLIAM WEBER sworn.

I am a tailor , a lodger. On the 18th of last month, Tuesday night, I was with the prisoner in her own room, between twelve and one o'clock; I met her in the street; I had seen her several times before. I am a German; I had spoke to her before.

Q. Are you sure of her? - Yes. I met her in the street and asked her how it goes? and she says very well.

Q. And so you went home with her? - Yes.

Q. Where were her lodgings? - In Cross-lane .

Q. Did you go to bed there? - Yes.

Q. Were you drunk or sober? Had you been in any company before? - No, not to drink. I am a single man.

Q. Did you undress completely there? - Yes.

Q. When did you awake in the morning? - Between four and five o'clock; it was hardly day light.

Q. Did this girl go to bed to you at the time? - Yes.

Q. Was she there in the morning when you awoke? - No. I found my breeches under the pillow; I missed my money and my watch.

Q. Where did you put your watch? - In the sob.

Q. Did you find them at any time afterwards? - No, never watch not money.

Q. Did you get up immediately? - Yes.

Q. How soon did you find her? - I did not find her the next day or the day after; I found her in the same street where I found her before. I asked her how do you do, and I asked her if she knew any thing about my watch, and if the knew any thing about it, if she would be so good to tell me or help me to the ticket; she said she knew nothing about it; she said she knew nothing either about the money or the watch.

Prisoner. When I met him first in the night, he asked me if I would go home along with him? I told him I would not, I had got a place of my own; he then asked

me if he might go along with me to my place? I told him, yes; and I asked him to give me something to drink; and we went to a house where there were-seven girls, and we had a pot of beer, and we came out, and he said he would give me half a crown to sleep with me all night; I said that was rather too little, but he said he would make, amends another night, and I went with him, but he had no watch, for he did not know what it was o'clock, and he asked the watchman going along.

Prosecutor. I did give the girl a pot of beer, and in the room. I gave her two shillings and sixpence.

Q. Are you sure you had your watch then? - Yes, I had.

Not GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17950916-26

398. PATRICK WADE was indicted for feloniously stealing, on the 25th of June , a silver watch, value 3l. 3s the goods of Alexander Stark , in his dwelling house .

ALEXANDER STARK sworn.

I am a baker ; the prisoner lived at a public house as pot boy at the time that I was robbed.

Q. Did that public house serve you? - Yes. On Saturday, the 27th of June, I think it was about two o'clock, or it may be ten minutes after, I went into the bakehouse, to the place where my watch used to hang in the bakehouse, my watch was gone; I used frequently to lend it to my man to mind the time of the night with.

Q. How soon did you see it again? - I think it was the 6th of July, that Friday week, I see it at Bow-street; I knew it; I think the pawnbroker gave it me; the pawnbroker has had it evening.

Q. Why do you impute it to this boy? The moment I missed my watch I went up stairs and asked my man that he had done with my watch? he told me that he had missed it the Thursday before, which was the 25th of June, about two o'clock.

Q. When was the boy taken up? - The 6th of July.

Q. You yourself never see it on that boy's possession? - No.

JOHN RIVETT sworn.

I am an officer belonging to Bow-street. On Monday the 6th of July, I was sent for to the pawnbroker's in Short's-ardens, Drury-lane, who told me that a person, who was stopped there, had offered a watch to pledge which had been advertised. In consequence I went there and took the boy, the prisoner, into custody. The pawnbroker produced the watch at the office; and Mr. Stark was sent for, and he said it was a silver watch with a cap to it, which cap I found afterwards, which was particularly described as belonging to the watch, that was lost, but was taken off the watch at the time that he pledged it; the pawnbroker stopped it, because of the number of answering the description without the cap.

ROBERT THOMSON sworn.

I am a baker, a servant; the watch was left in my custody.

Q. When was the last time, that you see this watch? - The 25th of June, about ten o'clock in the morning. It hung on a nail in the bakehouse.

Q. Did you ever see it in the possession of that lad? - No.

JOHN STERNE sworn.

I am a pawnbroker's servant; I produce a watch; I got it of the prisoner at the bar.

Q. Are you sure of his person? - Yes; He offered it to pawn, on Monday, the

6th of July, between eight and nine o'clock; I asked him whose it was? he said it was his father's; I asked him where his father lived? he said in Back-lane, Oxford-street. I had a suspicion of its being stole, and I stopped him. I looked over the book, and saw the watch had been advertised from Bow-street.

Q. Had the watch a cap on as advertised? - No, it had not.

Q. Except the cap did it answer all the other particulars? - Yes, it did. I asked him if he had ever pawned it before for his father? he said, yes; I asked him about how long his father had had it? he said, five years.

Q. You stopped him? - I did.

Q. Have you kept it ever since? - I have.(Produced and deposed to.)

Q. To prosecutor. I find, by your servant, that this watch was missed the 25th of June, was the boy then in this house? - Yes; he left the service on the 27th of June.

Q. Previous to this, and about this time, did this boy come to this bake-house? - I have seen him in the bake-house. He was the boy that brought the beer that I used to give the man of a night; every night I had a pint of beer brought regularly at eight o'clock, and he used to come for the pots in the morning sometimes.

Q. How long have you had the watch? - I think I have had it between seven and eight years, to the best of my knowledge; I bought it of Mr. Rutland, Oxford-street; I think I gave him four pounds ten shillings for it; it was a second hand watch when I bought it. I have valued it at three guineas, I would not take four guineas for it.

Prisoner. There was a man came in one evening for a pot of beer, he puts a pocket handkerchief down and went away and left it, and in the pocket handkerchief lay two watches, and he never came back to look after the two watches, and as I was going away I never told my master that I had found them; and when I left my master I went to pledge one, and I was stopped and sent to prison. I am quite a stranger in this country; there were two bad boys enticed me away from my father. I have no-frends here.

GUILTY,

Of stealing to the value of 39s.

(Aged 15.)

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17950916-27

399. SUSANNA BARLOW was indicted for feloniously stealing, on the 22d of July , a tent cotton furniture, value 10s. the goods of Edward Williams .

EDWARD WILLIAMS sworn.

I am a messenger in the General Post office , a housekeeper.

Q. Was this property stolen from your house? - I was not at home.

Q. Was this property kept in your house? - Yes. The bed was taken down to clean the room and shake the dust off, and not carried up stairs immediately, but put into the parlour in a corner of the room.

Q. Where is your house? - City Garden-row.

Q. When was it you last see it there yourself? - I cannot justly say.

Q. Had you ever seen it in the parlour? - Yes.

Q. How long ago was it? - In July.

Q. Should you know it again when it is produced to you? - Yes. I have had it in my custody ever since; it was taken

to Worship-street, and the prisoner was committed; I took it there with the prisoner; the prisoner was apprehended the next day after the robbery was committed.

Q. Did you ever see it in possession of the prisoner? - No. The prisoner did not take it away but dropped it, as far as I understand.

MARY COOPER sworn.

Q. Do you know any thing of Mr. Williams? - No more than a neighbour. About seven o'clock in the morning. Wednesday, the 22d of July, when I got out of bed I went across my room to look at the window, I see the prisoner at the bar at Mr. Williams's window; I could not tell at what, but looking more at her, I see her pulling something out of the window.

Q. It was at the parlour window? - Yes, about three steps up, she could get at it; by pulling something by little and little out of the window, it came presently out in a lump, which she quickly lapped up and clapped under her arm, and then I cast up my window and called out, Mrs. Williams, you are robbed. The prisoner was making off, and I called out stop theif! and one Mr. Dixey was coming past, and I said, Mr. Dixey, stop that woman, She has robbed Mr. Williams; on my saying that she dropped the property.

Q. Did you see it picked up? - Yes.

Q. What was it? - A tent bed furniture. I then told Mr. Dixey to hold her till I put on my clothes and I came down stairs.

Q. Did Mr. Dixey hold her? - He did.

Q. What was done with the bad furniture? - it was given to Mrs. Williams, who declared it was her property. A Mrs. Turner that picked it up gave it to her.

Q. Did you see it given to her? - I did, at her own door. She said it was her own.

Q. Was the prisoner within hearing? - Close to her own door at the time.

Q. What colour was it? - Striped, brown and red, and white. Here is the furniture; I am sure of this to be the very same.

Q. Do you know any thing of the woman? - I never see her before in my life.

Q. To Prosecutor. Did you receive it of your wife? - I took it out of the parlour. I can swear to it by the figure.

Prisoner. I was going up to get some myrtles at Islington; I deal in myrtle trees; there was an uproar at this gentlewoman's door; by and by, when I got a little way on, a man stopped me, and said, I must go back; I said, what must, I go back for? they said I had stole that property; they afterwards let me go. I was going up the next day, and a gentleman stopped me again, and said they would have me before a justice; and I said, for what? and they took me before Mr. Wilmot, in Hog-lane, and he told them he must send me to this place; where I have been eight weeks for nothing at all.

Court to Cooper. Did you let her go? - Yes, the first morning, on her promising never to come that way again.

Q. How long did you let her go? - A whole day.

GUILTY . (Aged 46.)

Imprisoned six months in the House of Correction and fined 1s.

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17950916-28

400. REBECCA SHORT was indicted for feloniously stealing, on the 28th of July , a muslin apron, value 1s. 6d. a cambrick handkerchief, value 1s. and a pair of silk gloves, value 2d. the goods of William Chapman .

WILLIAM CHAPMAN sworn.

On the 15th of July, Rebecca Short came into my service; on the 2d of August, my wife missed the muslin apron; in consequence of that she was searched; I had a strong suspicion of her, and I gave an officer charge of her, and in searching her he found the gloves and handkerchief in her pocket, a cambrick handkerchief and a pair of silk gloves.

Q. Were you present when she was searched? - Yes. In her pocket was the duplicate of the apron that was in pledge. She cried and made a piece of work, but finding a great number of duplicates, and believing she had been and offender before, I was determined -

Q. What was done with the things? - The officer has them.

Q. Had you a character with her? - Yes, by the mother; the mother took and shewed us the house; but I am sure it was a disgrace to the house to mention in this Court that such a girl should come out of it.

Prisoner. Did I ever behave amiss? - She never behaved amiss, no more than pilfering every thing that she could lay her hands on.

EDWARD GUNN sworn.

Q. Are you the constable? - Yes.

Q. You searched the girl? - Yes, on Monday, the 3d of August. Before I searched her Mrs. Chapman told me that she had missed a silk gown and muslin apron.

Q. What did you find upon her? -A pair of old silk gloves, and an old cambrick handkerchief, and the duplicate of a muslin apron that was pledged.

(Produced.)

Q. Have you kept them ever since? - Yes, in my own custody.

- ACOUT sworn.

I live in Ray-street.

Q. Where does the prosecutor live? - The corner of Saffron-hill , in the same neighbourhood.

Q. What do you produce? - A white apron, pawned by the prisoner on the 28th of July.

Q. Did you ever see her before? - Not to my recollection.

Q. Are you sure it was the prisoner? - Yes, I am. She said it was her own property.

Prosecutor. I can swear it is my wife's apron by some stains in it at the corner, by hanging it over the corner of the door. The black silk gloves I bought of Mr. Jones, on Holborn-hill, myself; the cambrick handkerchief I can positively swear being at my beside the night before it was missing; it happened to be put into a banbox along with some small linen, and the cat got in and tore the lace to pieces.

Prisoner. I lived servant with that gentleman, and I had the washing of the things, and I had aprons like them by me of my own; I put the things away by candle light, and I suppose that I made a mistake, that I put my mistress's away instead of my own. The things that were in my pocket I took them from the children that were playing in the yard, for fear that they should lose them. Gentlemen, I assure you I had no view in keeping them.

Court to Prosecutor. At the time that you searched this woman, did you tell her what you were going to do? - Yes. She refused to be searched, said, she knew nothing at all about any thing. There was a silk gown, and a great many other

things of her mistress's locked up in her box.

The prisoner's father-in-law gave her a good character.

GUILTY .

Imprisoned one month in Newgate , and fined 1s.

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17950916-29

401. ANTHONY CHURCH and JOHN RIVERS were indicted for feloniously stealing, on the 4th of September , a pair of silver knee buckles, value 2s. a silk waistcoat, value 2s. 6d. a velveret waistcoat, value 1s. a blue cloth jacket, value 1s. another cloth jacket, value 5s. a pair of satin breeches, value 5s. a pair of corderoy breeches, value 5s. a linen shirt, value 5s. a silk handkerchief, value 2s. the goods of Antonio Gonsels , in the dwelling house of Henry Cordoza .

(AN INTERPRETER sworn.)

ANTONIO GONSELS sworn.

Q. Where do you live? - In the house of Henry Cordoza .

Q. In what street? - I don't know the name.

Q. How long have you lived there? - Two months very near. I am a sailor .

Q. Did Church live in the same house? - He did.

Q. At the time of the robbery? - Yes. I was on board at the time I was robbed.

Q. Did John Rivers lodge in the house? - Yes.

Q. What day did you lose your property? - I do not recollect; the last month, but I don't recollect the name of the month.

Q. Did you lose a pair of silver shoe buckles, a pair of silver knee buckles, a silk waistcoat, a velveret waistcoat, a blue cloth jacket, a pair of satin breeches, a pair of corderoy breeches, a linen shirt, a silk handkerchief? - Yes.

Q. Were these things kept in your box? - Yes, in the house of Mr. Cordoza, in the garret.

Q. When you went on board the ship was the box locked? - Yes. When I returned I found the box broke open.

Q. What day was this? - Saturday morning, about eight o'clock.

Q. Did the two prisoners lodge in the same room? - I don't know, because I was not on Shore; they sleep one night in one and another night in another; there is no rule in the house.

Q. Have you ever seen any of the property that you lost? - Yes, at the pawnbroker's.

Q. Did you miss all these articles on the same day? - When I went to see my box, I missed every thing all at once. The Wednesday before I see my things safe; I put the pair of silver shoe buckles in the chest then.

Q. Have you seen any of your property any where but at the pawnbroker's? - I have seen a waistcoat in another room belonging to another house, a bad house; I know the house, but I don't know the name of the street; I can find the house.

Q. Did you see any of the property in the possession of either of the prisoners? - No

Q. Shall you know your property again? - Yes.

HENRY CORDOZA sworn.

Q. You keep the house where these sailor s lodge? - Yes.

Q. Did Gonsels lodge in the house with you at the same time? - Yes.

Q. Did Gonsels make any complaint to you of the loss of any property? - He came down in the morning from the garret, I think it was Saturday morning,

5th of August; after he made his complaint to me, I went up stairs with him.

Q. When you went up, did you see his box? - I did; I found it broke open.

Q. You don't know what was missing of course? - I do not.

Q. Should you know any of the things again if you was to see them? - Yes, I went to buy them in myself.

Q. Were any of these things found at any time? - They were altogether, excepting the buckles, at Mr. Hyam's, in Nightingale-lane. Mr. Hanson found a waistcoat afterwards at a woman's house; the buckles were found at another house.

WILLIAM HANSON sworn.

I am an officer, belonging to the police, Whitechapel; I produce a waistcoat. On Saturday, the 5th of September, ten or eleven o'clock in the morning, I found it in a house in Nightingale-lane, in Malaga-court; the prisoner that stands on this side went with me, and shewed me the house. I could not understand what he said, but there was a person in Cordoza's house that told him it would be better for him to give an account of the things.

Prisoner. I told him where every thing was.

Hanson. No, he did not tell where the other things were.

Q. Did you go to the pawnbroker's? - In searching the room that he took me to, where this girl was, I found these two duplicates, that lead me to the pawnbroker's.

Q. Was there any woman there? - No, nobody in the room.

Q. Did he lodge in that room? - The night before, as I understand. It was not the prisoner that pawned the things, it was a person in court, she is admitted an evidence.

JOHN WADE sworn.

I am a pawnbroker's servant, I produce a blue cloth jacket, two waistcoats, a silk one and a velvet one; a pair of satin breeches, and a pair of corderoy; I received them of Mary Tuer , last Friday, about eight o'clock at night.

Q. Had you ever seen her before? - Yes.

Q. You knew her person? - Yes.

Q. Did she pawn all the things that you produce, at one time? - Yes.

Q. To Hanson. Shew him the duplicates.

Q. To Wade. Are these the duplicates? - Yes; one jacket, a waistcoat, and one pair of breeches, in one ticket; and one pair of breeches, a waistcoat, and a shirt in the other.

Q. Did you ever see either of these men at your house? - No.

JOSEPH WILLINGTON sworn.

I am a pawnbroker in Gravel-lane, Shadwell, I produce a pair of silver shoe buckles, I bought them of the prisoner Church, they were both in custody.

Q. What did you give for them? - Four and thirty shillings, he said he bought them at Portsmouth, and gave three guineas for them; Church talked English very well to me.

MARY NICHOLAS sworn.

Q. Where do you live? - In Nightingale-lane.

Q. Do you know either of them men, Church and Rivers? - I never see them till Friday night last.

Q. Did they come together to your house? - It was not my house, the girl called me out of my own place to go of an errand for her, and this man, Rivers, was sitting there with his clothes on his knees.

Q. Where did you see him? - In the girl's room, Mary Tuer; she asked me it I would, go of an errand for her, and pawn these things, Rivers gave them me him self.

Q. Did you pawn all the things that Rivers gave you? - Yes.

Q. How many duplicates did you get? - Two.

Q. In whose name did you pawn them in? - In my own name.

Q. Who did you deliver the money to? - To his own self, he said that he was just come off a voyage, and he would loose them from the pawnbroker's tomorrow or the next day.

Q. To Wade. Is this the woman that pawned the things? - Yes.(The goods were deposed to by the prosecutor.)

Prisoner Church. I know nothing else, that this other man gave me all the things, I was not present when he broke the box open.

Prisoner Rivers. The first day I came on shore, this other prisoner shewed me the house to lodge in, and the other prisoner told me that he had no money, and that they might pledge goods of any kind, and take them out again; and we broke the chest open both together.

Both GUILTY, Of stealing to the value of 39s.

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17950916-30

401. ELIZABETH SPIERS was indicted for feloniously stealing, on the 20th of July , a silver table spoon, value 15s four silver tea spoons, value 5s. two silver salt spoons, value 1s. a table cloth, value 5s. a flannel waistcoat, value 6s. a diaper napkin, value 1s. a linen shirt, value 5s. an ivory box, value 1s. a japan tin box, value 1d. and and iron key, value 1d. the goods of Thomas Haynes ; and

SARAH ROTE was indicted for feloniously receiving on the same day, two flannel waistcoats, value 6s. an ivory box, value 1s. a japan tin box, value 1d. an iron key, value 1d and a diaper napkin, value 1s. being a parcel of the before-mentioned goods, she knowing them to have been stolen .

THOMAS HAYNES sworn.

I live in Great Russell-street, Covent-garden . On Thursday, July 30th, I lost a silver table spoon, two silver tea spoons, a flannel waistcoat, nothing else at that time.

Q. What was the value of these things? - About half a guinea. On Sunday, the 16th of August I missed several other articles.

Court. You cannot go into different felonies at one time, you may six on which you please? - I will rather go into the latter if you please. On Sunday, the 16th of August, I missed two silver table spoons, two silver tea spoons, two silver salt spoons, a shirt, a table cloth, an ivory box; I did not miss any other articles at that time.

Q. What do you value them at? - Somewhere about fifteen shillings, I would wish to lay them at as low a rate as I can. Elizabeth Spiers had lived servant with me, there was a few circumstances that induced me to believe that she was the person that stole my property, in the first place the atrociousness of her character: -

Q. Tell me the facts? - It must be somebody that lived in my house, from the nature of the circumstances, I don't know any thing certainly, it is a conjecture, but there are a number of circumstances that occasion it.

Q. Did you ever find any of this property again? - Yes, at her niece's apartment. Sarah Rote; in consequence of a search warrant I attended with an officer, and a man servant of mine; I found at Sarah Rote's apartments in Bethnal green, two duplicates, one of the duplicates was for a silver tea spoon at one pawnbroker's, and the other for a waistcoat at anothers; I found at Mrs. Rote's also the ivory box, a tin snuff box and a napkin.

Q. How soon after the time that you lost these things, did you find the duplicates? - I believe it was the day following, as soon as the magistrate had granted a search warrant, I went with the constable and man servant so Mr. Richard's in Brick-lane, where I found a silver tea spoon, which I can safely swear to be my property; the waistcoat I found at Mr. Manger's, it was pawned for four shillings, Mr. Manger produced it, and supposing from the size, and its being pledged by the same person that it was mine, which I had not missed, but I can safely say it is my waistcoat.

Mr. Knowlys. I believe the prisoner that lived with you stands in relation of aunt to the other prisoner? - Yes, as I have a ways understood.

Q. I believe Rote knew nothing of you, nor you of Rote? - I do not recollect seeing her much, she has been at my house occasionally.

Court. Spiers is a married woman, I suppose? - Yes, she is.

Q. Had you any reason to know, that Spiers, the eldest prisoner, ever lodged at the prisoner Rote's? - Yes, certainly, by Mrs. Rote's account and her's, only they differ as to time; she left my service on the 6th of July.

Q. She was not married then I suppose? - Yes, I believe many years before.

ANN CARROLL sworn.

I lived servant with Mr. Haynes, I was the person that locked the doors at night; on Saturday night I locked and bolted the back door, and left the key on the inside; I went into my master's room and locked my closet, took the key out, and put the key on the ledge over the chinney piece, that was about ten o'clock at night, or a very little after; in the morning when I came down, the back door was unlocked, and unbolted, and the key out; I went into my master's room, the closet door was a little way open, and the key in, I opened the door, and I missed some spoons; there is a drawer in the closet, under one of the shelves, I missed one shirt and one table cloth out of that; I went to the street door, the chain was down, and the door unbolted; there was a little ivory box in the table drawer in my master's room, which I missed also.

PHILIP BUD sworn.

On the 16th of August I came down stairs from my bed, Ann Carroll told me that the house had been robbed, it was a very strange thing who could have done it; I have nothing more to say with respect to that day; I went with my master on the 22d of August, to Kensington, to endeavour to find the prisoner at the bar.

Q. Then Spiers was not at your house at that time? - No.

Q. Did her husband live at Kensington? - No, but we knew that she had a brother that lived there; we did not find her at her brother's, we found her at the back of Kensington-square, after looking for her a long while; the moment I see the prisoner, I asked her where she had been, that she did not come to her brother's? she said they had met her in the field, and told her there were two men looking for her; I told her that these two men that were looking for her, were myself and my master; she said she thought it was the

runners looking for her for the old affair, and said she was afraid to come; I told her no. There was nothing more said that time, till she was in the coach.

Q. You then took her and got a coach? - Yes, but not directly, because we could not get a coach at Kensington; I asked her in the coach what she had done with all my master's table spoons? she said she knew nothing of them; I told her I was sorry for her niece, Sarah Rote, because I thought that she had brought herself into a very disagreeable situation; I told her that we had found an ivory box, which her niece had said she had given to her on Saturday last, or Sunday morning early; she said no, she had not stolen it then, she took it away with her when she left my master's service, in her work bag, or work basket, I cannot exactly say which; I said she could not have done that, because the box had been seen several times in the house, after she had left my master's service, and had been seen particularly on the Saturday before the robbery was committed, by Ann Carroll.

Mr. Knowlys. You only represented to Spiers that you was sorry for the niece, because as you apprehended, finding some of the things there, it might draw the niece into a scrape? - Yes.

Q. She said that she gave the ivory box to the niece's child for a play thing, I believe? - She did.

JOHN LEWIS sworn.

I took in two waistcoats of Sarah Rote.(Produced.) one was taken in on the 18th of August last.(Deposed to by the prosecutor.)

Q. To Prosecutor. What is the value of it? - It was pawned for half, a crown, I would not value it at any more.

Mr. Knowlys. That is an old waistcoat, and met an impossible thing to be given to a servant? - Not an impossible thing, but there was no such thing there.

Q. To Lewis. You know in the course of your business, that in very innocent transactions, relations do pawn one for each other? - It is very often the case.

JOHN - sworn.

I produce a tea spoon; I am a pawnbroker; it was pledged with us on the 31st of July, in the name of Elizabeth Bennet , I do not recollect the person.

JOHN RIVETT sworn.

I am an officer belonging to Bow-street. On Friday, the 21st of August I went with a search warrant to the apartment of Sarah Rote, in Hare-street, Bethnalgreen; I enquired for Mrs. Spiers, I understood that she lodged there; she told me that she was there the day before; I told her that I had a warrant to search the apartment, the lower apartment.

Q. Who lived there? - Rote; and I searched the place, and found a napkin, which Mr. Haynes believed to be his property, and two duplicates; I asked her how she came by them? she said she did not know that they were in the house; then this ivory box was found; Mr. Haynes mentioned something about a box, she immediately went to a drawer and shewed this box, Mr. Haynes said immediately it was his box.

Prosecutor. This undoubtedly is my box, and the contents that are in it is mine, the key of the pembroke table drawer, it was in my house the Saturday preceding the time of the robbery, which was on Sunday morning.

Q. How did you suppose that these things were taken out of your house? - We have a tarrier dog, which would have made a barking if it had been any strange person, and there is a very easy method for any person who knows the house to get into every room on the first floor, and by knowing her conduct before, I was well convinced it was somebody that was

very well acquainted with the house, and with a dog, for I never heard the dog bark all night.

Q. It was the prisoner Spiers that lived with you? - Yes. Here is a napkin found at Sarah Rote's, that is mine, it is marked rather in an unusual manner, with pen and ink, by myself.

Q. To Rivett. You found that the prisoner Spiers had been at Rote's that day? - Yes.

Q. And when you spoke about the ivory box, she immediately said that she had got it, that her aunt had given it her the day before? - She did.

Both Not GUILTY .

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

Reference Number: t17950916-31

403. MARY PALMER was indicted for feloniously stealing, on the 16th of July , a pair of leather slippers, value 2s. the goods of John Bloomfield .

JOHN BLOOMFIELD sworn.

I live in Maiden-lane, Covent garden , a cordwainer ; I was absent from my shop about half an hour, on the 16th of July last, it was between twelve and one; when I returned I saw a mob about my shop window, on going in I see the prisoner at the bar, my wife, and my apprentice, and they presented a pair of slippers to me, which the prisoner had taken.

Q. Do you know where you had left these slippers when you went out of the shop? - Among other slippers, on a shelf, over the fire place.

Q. Do you know any thing of the prisoner? - I have seen her in my shop before.

JAMES CLARKE sworn.

Q. Are you apprentice to Bloomfield? - Yes. On the 16th of July this woman came into our shop, in company with a man, about eleven o'clock, or it might be near twelve, on Thursday morning.

Q. Was Mr. Bloomfield at home, or gone out? - Gone out; the man said he wanted a pair of shoes, while he was being sitted I see the prisoner at the bar go to the further end of the shop, and take a pair of women's slippers, she took them off a shelf on a bureau bedstead; I could perfectly see what part; my mistress tried on the shoes on the man, and I was standing, and see the prisoner go and take the shoes, I see her put them into her pocket.

Q. Had she said any thing about slippers, or wanting to look at them? - No, only the man about shoes. I stopped about two minutes, expecting my master would come home, in order to detect her, because I was afraid, on account of the man; just before he came home I accused her of stealing the slippers; the man had not bought any shoes; I immediately bolted the door, the man was in the shop at that time, she denied having stole any, she said she had not got any, she was sure she had not, and she struggled very hard to get away; directly as I accused her my mistress laid hold of her, my mistress, by the assistance of a lodger secured her, and my mistress put her hand into her pocket, and took the shoes out, I see her; while I was gone for a constable the man burst open the shop door, and got open the private door, and got away.

Q. What became of the slippers? - My master has had them in his possession, we have got them now. He came home while I was gone for a constable.

Q. Then the slippers taken out of her pocket were delivered to your master? - Yes, they were.

Prisoner. I and the man went in to buy a a pair of man's shoes, and a pair of women's slippers for myself, and I had two half crowns in my hand to pay for them, and I had no pockets on at all.

Clarke. She had pockets on, and had another pair of shoes in her pocket that did not belong to us.

Prisoner. The woman of the shop asked me three shillings and sixpence for the slippers, and I paid her three shillings and three-pence for them; the constable knows that I had no pockets on; the woman herself ripped my petticoat out of the binding; and there was another woman in the shop that see I had no pockets on.

Witness. She said not a word respecting any thing for herself, but only the man. (The slippers produced and deposed to.)

Prosecutor. I see her pockets on.

Prisoner. When the constable came, the boy put on his boots, and said, now you shall go to Botany Bay, and I shall get something by you, and when I was searched at Bow-street, I had no pockets on.

GUILTY .

Transported for seven years .

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

Reference Number: t17950916-32

403. THOMAS SANDERS was indicted for feloniously stealing, on the 26th of August , value 2s. the goods of Elizabeth Stevens .

ELIZABETH STEVENS sworn.

Q. What do you know of the loss of a tea spoon? - I am a poor woman, I hope it will be made up to me.

Q. Did you lose any one in particular? What mark had it on? - R. H.

Q. When did you lose it? - Three weeks ago on Wednesday.(The spoon produced.)

Court. This has M. W? - They that can read tell me it is R. H. I cannot read, but it is my spoon, if there was no mark on it, I could swear to it, I have had it many years; it was picked up by a young lad; it was lost from my own cup on the table, in the back room; I was drinking tea when the man came in; two men came into my shop; I keep a bit of a shop ; when they came in they asked the price of a bit of pudding, I keep a bit of pudding in my window, and a bit of a chandler's shop; that man that came in and asked the price of the pudding, he went away directly to my back room, and he put his hand to my cup; but as to seeing him take the spoon out I cannot say, I missed the spoon directly, and I thought he took it then, but I was obliged to stand at my counter, for fear the other man should take other things. There was a woman drinking tea with me at the time, she was in my room, he told her he had got some washing for her, and she went out with him, to shew him her place, so when she went out with him I called out to her and said, you are wrong, for the man has stole my spoon; then I locked my house up and followed them, and the woman also followed them, and I followed them till other people stopped them, that was half a mile from my house, and the officer came up directly, this man broke the spoon before he was stopped; I did not see him, I see him put his hand into his pocket, but other persons see him break it and throw it away.

LYDIA POWERS sworn.

Q. Were you with Mrs. Stevens when the two men came in, while you were drinking tea? - Yes, I was.

Q. Should you know either of the men again? - Yes, that is one, and the other is out of doors now.

Q. What did this man do? - I did not see him take the spoon; he came up to me, and said he knew me, and I had forgot him; he asked me to take in some washing; I said I did not know nothing of him, no more I did not; he came by the side of the table in the back kitchen, as I sat drinking; I followed and pursued after him, and took him in Union-street.

Q. How far from Mrs. Stevens's house? - I take it to be about half a mile; I did not see him break the tea spoon, but the pieces of the tea spoon were thrown away into the road; I did not see him throw it away, but here is a young lad here that did.

DANIEL GAGE sworn.

I see the two thieves going up Union-street, and I followed them, and as they were going along I see something drop, I did not look to see what it was, I followed them till they were taken; afterwards I went back and found a bunch of keys, and I brought them to the officers, Mr. Mason and Mr. Harper.

Q. Was the prisoner one of those two? - Yes, that is one of them.

CHRISTOPHER KELLY sworn.

I see the man, Thomas Sanders , go down Union-street, and turn up Union-buildings.

Q. What day was it? - I don't know positively; I see the prisoner drop a bunch of keys out of his silk handkerchief, and then directly I picked up one key, and brought it to where the prisoners were with the constable, and I left the other.

Q. Did you see him drop any thing else? - No; I gave the key back to the prisoner; he asked me for it.

ABRAHAM JACOBS sworn.

I and this Thomas Sanders went pass where this woman lives, says he to me, Abe, let us go in and buy a bit of pudding, I said I did not care, I will go in and buy a bit of pudding; I went in and asked the price of a bit of pudding; says she, three halfpence, and I pulled out a shilling, and she said she had no change; in the mean time Thomas Sanders went back into the back room, and she hallooed out he had stole the tea spoon.

Q. Did you see him take it? - I did not; when he came out of doors, he says, Abe, come along.

Prisoner. My lord he has been tried at New Prison for passing bad money, and he has been tried here.

Witness. So then when he came out of doors he put his hand into his right hand waistcoat pocket, and shews me a tea spoon; says I, what have you got there, what do you do with that? throw it away; no, says he, I shall not throw it away, I got it in there, let us walk on; then we walked on a little way, he seeing the women coming after him, he said, let us have a run, so he and I both run till we came to a turning to turn down, and on the way he broke the spoon into bits; we thought when we turned down we had lost the people that were running after him, but in a short time he saw the woman again coming after him; and he said Abe, let us run again, they are coming after us; I said, no, there is no occasion for running, let us walk on, and he threw the tea spoon into a place where they sold sand, and the women were pretty nigh us, and we turned up a turning, and there was no thoroughfare, and we were both taken, and in going up he threw some keys out of his pocket.

Q. To Powers. Was this the other man? - He was.

PETER MASON sworn.

Q. You are the constable? - Yes. On Wednesday, the 26th of August, about five o'clock in the afternoon, a woman, of

the name of Powers came to me, and desired me to go along with her after two men that had stole a silver spoon; I went along with her, and there was a crowd, and I took them into custody, and just as I got hold of him, Gage give me these pick lock keys, and I took them into the nearest public house, and this Harper came and searched them.

Q. Who gave you the tea spoon? - A child of about six years old.

Q. Did you see where the child picked it up? - It was at a place where they sold sand and coals, as I learned from the father of the child.

Prisoner. I have nothing to say, but I would be obliged to you to shew me as much lenity as you can; it was owing to being in bad company, I was never here before.

GUILTY . (Aged 22.)

Transported for seven years .

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

Reference Number: t17950916-33

404. WILLIAM SMITH was indicted for feloniously stealing, on the 15th of August , a pewter quart pot, value 1s. 6d. and a pewter pint pot, value 1s. the goods of Robert Matthews .

ROBERT MATTHEWS sworn.

Q. You keep a public house ? - Yes, the George, in Grosvenor-square , for eleven years. Mr. Sarson, at the Dover Castle had suspicion that he had stolen pots about the neighbourhood, and they watched him, and they found him with this bag, and a quart put in it; he immediately caught him by the collar, and told him that he thought he had got something in his bag that did not belong to him, and he took the bag from him, and found in it a quart pot belonging to me.

-SARSON sworn.

I know no further than I took the pot from the prisoner; I am a great loser by pots. (Produced and deposed to.)

Q. To Prosecutor. Had you lost any that day? - I had lost not less than a dozen a week for these three months; I told the prisoner that I thought he had something else in his pocket, and I took this new pint pot out of his pocket, it cost me fourteen-pence, the quart pot cost me fourteen-pence.

Prisoner. I was going along, and I picked them up in the high road, and I wished to see the owner of them, and it was my business to take them to the owner; I do assure you I should have had witnesses here to my character, had my trial been put off till to-morrow, but my friends are quite away from me at present.

GUILTY . (Aged 34.)

Transported for seven years .

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

Reference Number: t17950916-34

405. JACOB HILLMAN was indicted for feloniously stealing, on the 12th of August , five wooden firkins, value 2s. 6d. and two hundred pounds weight of salt butter, value 81. the goods of William Smith , in his warehouse ; and

ELIZABETH HARRIS for feloniously receiving the same goods, knowing them to be stolen .

WILLIAM SMITH sworn.

I live at the Armitage, a wharfinger .

Q. Where is your wharf? - Just below the Armitage ; my man knows

more of the circumstance than I do.

RICHARD CANDLING sworn.

Q. Are you in the employment of Mr. Smith? - Yes, a foreman.

Q. Have you the care of his business? - Yes, I have.

Q. What have you to say to the loss of any butter? - No, further than having missed some some time ago; we had some come in out of a vessel, but what vessel I forget; it belongs to Messrs. Bell and Higginson; three hundred and ten firkins came from Ireland, it was landed on the wharf the 31st of July; it was placed in Mr. Smith's warehouse, exactly opposite the wharf in the course of rather better than a fortnight afterwards, Messrs. Bell and Higginson sent me an order to have it weighed, and I found three firkins missing.

Q. Here are five in the indictment? - There was three out of another vessel.

Q. Was all this landed on the 31st of July that was missing? - No, some was landed on the 4th of August, and placed in the same warehouse, to deliver to different persons; on missing the three firkins I informed my employer, Mr. Smith, that there was a deficiency in the three hundred and ten, and I thought it very strange how it could go.

Q. What did you do in consequence of it? - In consequence of same discovery of Mr. Dyke's I went into the yard with Mr. Smith, where Mrs. Harris lived, and looked at an empty firkin.

Q. Had you at that time missed any part of the butter, landed on the 4th of August? - No, I had not then.

Q. Is this yard of the house belonging to the prisoner, Elizabeth Harris, near Mr. Dyke's? - It is.

Q. What day was this that you went? - On Thursday, the 13th of August? I missed the butter the day before I found this firkin, or the same morning.

Q. Who did you see in the yard? - Nobody at all; the yard opens into the house; the door was open.

Q. Did you go through the house into the yard? - Yes; by finding this firkin of butter with the mark and number, answering to what I lost. I took it into the warehouse; and my employer went up to the office and fetched an officer.

Q. How near is that to your warehouse? - Thirty or forty yards, not more; we searched Mrs. Harris's house, and found nothing in it; on the next morning I went with an officer to a warehouse adjoining to her house, a warehouse that was building, and found two firkins of butter, one a whole firkin and the other three parts empty, there might be five or six pounds in it.

Q. These buildings were open I suppose? - Yes, but they had been under lock and key all night.

Q. Who did you see there at this place? - The carpenter that was at work there. They were taken away and put into our warehouse; my employer and me and the officer went from there down to Anchor and Hope-alley, in Wapping, the same day, and there we found one firkin three parts full, and another empty, at the house of one Mr. Walton, a tallow chandler, and they were taken to the Rotation office, in Goodman's fields, and left there till the time of examination came on. The firkins are in court.

Q. These firkins contained butter, of different persons? - Of two different persons, and the last of which arrived on the 4th of August.

Mr. Knowlys. You say there was three hundred and ten casks landed? - Yes, I counted them out as they came into the warehouse.

Q. This yard which you describe as Mrs. Harris's yard, I would ask you

whether it is not a yard to which a great number of premises communicate? - Not that I could perceive. The yard was boarded round on one side and a wall on the other.

Q. Does not Mr. Dyke's premises communicate to this yard? - Not that I know of; it is ajoining to it.

Q. This warehouse that is building does not belong to her house at all? - No, not at all.

Q. This warehouse was repairing in such a way as to be open? - The warehouse was building.

Court. How was the warehouse secured that these three hundred and ten firkins were put in? - By a bar across the gates, and a padlock on the side door, only locked at night.

Q. Did you ever observe any marks of violence as if the warehouse had been broke open? - No, never.

Q. Do you know any thing of Jacob Hillman? - I employed him as a labourer under me a fortnight or three weeks, or some where thereabouts, before the time that this was missing. I cannot say who took it. He was employed in removing it, and in watching it before it was removed likewise.

Q. Was he employed in watching and removing the other parcels? - Yes.

Q. You are certain that these parcels were both stowed safely in your warehouses? - They were both.

Q. What persons were employed about your warehouses? - There were divers persons employed at the time of removing it.

Q. Then in the day time the doors of the warehouse was open? - Yes; but I was attending it myself; I left the prisoner in the warehouse several times when I had occasion to go out.

Q. Who kept the key of this warehouse? - I did; I opened it myself and I shut it up myself.

SAMUEL DYKE sworn.

Q. Where do you live? - In Virginia-street.

Q. How near is this to Mr. Smith's? - About half a quarter of a mile; but I did not live there at that time.

Q. Where did you live at the time? - At the King of Denmarks, at Wapping.

Q. How far is that from where the prisoner Harris lives? - About one hundred and fifty yards, or not quite so much.

Q. Do you know the prisoner Harris? - Yes, perfectly well.

Q. She is the wife of Edward Harris , is not she? - Yes. I really cannot tell what employment he follows.

Q. Do you know the prisoner Hillman? - Yes. Hillman came to my house in the month of July, and asked if I knew of ever a baker's place, if I could inform him of any body that wanted a servant as a baker. He is a baker by business, but he could get no employment, and therefore he went to work as a bricklayer's labourer, and I gave him work at my house. One morning in the month of August, I went to Mr. Smith's warehouse, and I asked Mr. Smith's servant if he had lost any butter? I had seen a quantity of butter in Mrs. Harris's house, not in a firkin, in the month of August.

Q. Before you went to Mr. Smith's? - Yes. I went to the house after my pots, I see it laying on the table; it may be ten or fifteen pounds, I cannot positively say to the quantity; it was laying opposite to the door, and the door was wide open. It was in a lump.

Q. Did you give information of what you had seen at Harris's house? - I did.

Q. How that butter, which you see laying at Harris's, came there, you don't know of your own knowledge? - I do not. I see an empty firkin there in the yard the same day as I acquainted Mr.

Smith's man what I had seen in Mrs. Harris's house. It was a little yard belonging to her house.

Q. How do you enter the yard? - By going through her house.

Q. Is there any other communication to the yard but through her house? - No other to my knowledge.

Q. Do any other houses open into the yard? - Not to my knowledge.

Mr. Knowlys. Your house communicates with this yard? - No.

Q. Don't you look into the yard? - Yes, from some leads on the top of the house.

Q. Any body can go into the yard without going through the house? - Not that I know of.

Q. Is it a public or private house? - A private house. She had the whole house.

Q. Mrs. Harris and you have been acquainted for some time? - I suppose for five months.

Q. Did you ever tell Mrs. Harris you should be very glad of her company as far as Bristol? - I can take an oath I never did.

Q. Perhaps you have intimated to Mrs. Harris that you would be very glad for her to accompany you to some place or other? - Why should you ask me that question? I will swear I never did.

JOHN WALTON sworn.

I live in Anchor and Hope-alley, Wapping; I bought four firkins of butter of Mrs. Harris, on the 5th of August; I am a tallow chandler. On Wednesday the 5th of August, I was going along Wapping, and I see Mrs. Harris before me, she turned up a small court, and I walked fast after her. She owed me some money; I had not seen her for near twelve months before then; she told me she had no money, but she had some butter to sell, and asked me whether I would go home with her and look at it? I did; I went home with her, and there were two firkins standing in her yard, and an empty firkin. It was in the court where she lived where I overtook her; and I bought them two of her, in part of my debt; my debt was three pounds all but a few shillings.

Q. What was you to give for the butter? - Sixpence a pound. It was a salt butter; there was somewhere about a hundred and six pounds of it; I only took it in part of the debt, she had some of the money. On Monday following she sent to me informing me that she had two more firkins, if I chose to have them.

Q. What is her business? - I was told she kept a lodging house. She said she bought it over the water; when I dealt with her, and she got into my debt, she dealt in butter. I went on Monday and agreed for them two, one firkin was in her yard, and the other was standing in her room, out of the firkin.

Q. Had you taken away the two that you had bought before? - My boy fetched them away the same day that I bought them.

Q. Did she give you any account of the last butter? - I don't know that I asked her. It was the first time that she told me that she bought them over the water. When I went to look at the second butter, the prisoner Hillman, was at the door, the door was a jar, that to, but not fastened, and when I came up to him he shoved the door open, and went in before me; he asked me if I wanted Mrs. Harris? I told him, yes; he said, she was at the public house, and he would go and send her; he went, and she came to me; then I bought the other two firkins of her; I bargained for them in her house; the two first I bargained for at her door; I was coming away; she wanted more for them than I chose to give.

Q. What did you give for the last two? - The same as before; I gave her a guinea on the two first, and I gave her four or five and twenty shillings on the two last. It was the Wednesday after that I gave her the last money. When I went there the Wednesday after Hillman was asleep in her parlour; I then told her it was so falt I did not think I could use it, I would be glad if she would send me any body to buy it, and she said, she would send a gingerbread baker, or a biscuit baker, and he would buy it. I wanted her to take the firkin back instead of the money; but it coming to more than the money, she said she would send somebody to buy it.

Q. What became of the firkins? - Mr. Smith had two, one with butter in it, and the other empty standing in my shop; and the others my servant broke up and burnt.

Q. What use did you make of the butter? - I melted it; but I should not have given that price for it, as a tallow chandler, if it had not been for the debt that she owed me.

Mr. Knowlys. Hillman lodged in her house; you see him sleeping there? - I don't know that he lodged there, he was there.

WILLIAM FOREST sworn.

I live with Mr. Walton; I went to Mr. Harris's for this butter.

Q. Who sent you? - Mr. Walton. I believe it was the 5th of August, but I cannot say justly.

Q. What butter did she deliver to you? - Four firkins. They were melted.

Q. Did you carry them to Mr. Walton's? - Yes. I went four different times for them.

Q. How many did you carry at a time? - One.

Q. Were they all melted? - There is one whole one here and one empty one.

Q. Then there were only three melted? - Yes.

Q. What became of the casks? - Some were broke up; here are two here whole.

JOHN NOWLAND sworn.

I know no more than finding two casks of butter at Mr. Walton's house, one empty and the other with butter in.

Both not GUILTY .

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

Reference Number: t17950916-35

406. MARY NOWLAND was indicted for feloniously stealing, on the 15th of August , two half guineas, and forty two shillings; the monies of Patrick Pendergrass , in the dwelling house of John Jones .

PATRICK PENDERGRASS sworn.

I am a milkman . The prisoner lived with me three weeks, and it did not suit me to keep her any longer, and on Friday night, the 14th of August, I told her I did not want her any longer; so she went out and said nothing, and said, she would be up with me; she knew the time we generally go for the milk. I went the next day, Saturday, about one o'clock, to meet the women that were coming with the milk, and what money I had in my pocket, two guineas and two half guineas, I put into the drawer and locked the drawer; it was a chest of drawers in the parlour; John Jones he is the landlord. I rented the lower apartment, two rooms; I left the money there, and looked to see if every one of the drawers were locked, and they were locked, every one, and the windows I fastened down with a gimblet, between the two sashes, and locked the door. At four o'clock I came home,

and when I had sat down for about ten minutes I wanted the money to give to a master bricklayer that I serve with milk, and I found the drawer open; I looked at the windows, and I found one of the gimblets pushed in, out of the window. There is a door going out of the chamber room into the passage, and that is always bolted inside and locked, she opened that door, and went out of that door (as I suppose) that way into the passage.

JOHN JONES sworn.

Q. Pendergrass lodged in your house? - Yes, he did.

Q. Where is your house? - No, 5, Warden's-court, facing Staple's-inn, in Holborn . I was at dinner in the kitchen, under the window where she got in, and I see her throw up the window, and I see her get in at the window; what she did afterwards I cannot tell. My wife and I were at dinner.

Q. You had known her before? - Yes; she had been three weeks in his service.

Q. Did you know whether she had been discharged at that time? - I did not, or else I would have endeavoured to have taken her into custody.

Q. What day was it? - Saturday, the 15th of August.

Q. Did you see her come out again? - I did not.

ELIZABETH CONWAY sworn.

I see the prisoner at the top of Mr. Pendergrass's door, between two and three on Saturday, the 15th of August; I asked her whether she was gone away? she said she was not.

BENJAMIN BEVITT sworn.

I took the prisoner into custody, on the 15th, in the evening; I searched her and found two half guineas, ten shillings and some halfpence, and a key; we tried the key, and it opened the drawer. I searched her box and found them mens stockings, and this new petticoat; and the magistrate desired we would keep them to know whether they were bought that day; but that we could not find out.

Prisoner. I left the gentleman on Friday night; when I had done work his wife told me I should not take the pails any more; so then I walked out and bid her good night, and she bid me good night. The next day, Saturday, I went up to Islington, at eleven o'clock, to look for a new master; after one o'clock I see his wife there at the barn; after milking the cows for another man, whose pails I carried till four o'clock, when I left him and came home to my own lodgings, and I was there till about six o'clock, when this gentleman (Bevitt) called me to him, and he said he was very sorry for what I had done; I asked him what I had done? he said, Pendergrass had said I had robbed him of fourteen guineas, and I went to Mr. Pendergrass's house, and she took me to one Mr. Murphy's where I had lived, and he asked me what I had done with the money? I said I knew nothing about his money. This gentleman asked him what he had lost? so they searched me and took what I had about me, and said that key unlocked his drawers; it was the key of my box, and if it unlocked his drawers I cannot help it; and they took me to the House of Correction, and offered me half a guinea if I would own it was his money; and this gentleman took me up to the House of Correction and gave me to the turnkey, and said, I was taken up for fourteen guineas, and to let nobody come into see me.

Court to Prosecutor. Did you pay this woman when she left you? - No; she had taken it before hand.

Q. To Bevitt. Did the key you found

that opened Pendergrass's drawers, open her box? - It did.

GUILTY, Of stealing to the value of 39s. (Aged 17.)

Imprisoned twelve months in the House of Correction , and fined 1s.

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

Reference Number: t17950916-36

407. JOHN PEARSON was indicted for feloniously stealing, on the 4th of August , a wooden box, value 1s. the goods of Robert Russell .

TITUS BANCROFT sworn.

Mr. Russell keeps the Bell Inn, in Friday-street ; I am a servant of his. On Tuesday, the 4th of August, in the evening, nearly eight o'clock, or a little after, I believe, I was writing at the desk, the corner of the warehouse, and the prisoner came pretty near me before I perceived him; he asked some question about the Portsmouth waggon and the White Hart; I told him that the Portsmouth waggons came to the White Hart, in the Borough; he said, is there not a White Hart in this street? I said, no; I asked him if he had any thing? he said, yes; and turned round, and I see part of a box in his hand behind, under his coat; and I followed him, and he went rather hastily out, and I repeated it, let me see the direction, sir, several times.

Q. Was it a great coat he had on? - No, it was not a great coat. After he got from the warehouse door, perhaps eight or ten yards, he spoke very loud, he is coming, he is coming, two or three times to a man that was standing in the gateway; he ran off, and I after them, and he dropped the box just where he stood in the gateway, and I stopped and brought the box back to the warehouse; I followed him no further. Mr. Omerley said they must have the contents of the box, and I carried it to their house in Great Russel-street myself; I put my seal on it, and other marks; I am sure it is the same.

Q. How soon did you get at the prisoner again? - I carried it back into the warehouse, and immediately returned back to the gateway, and he was being brought in at the gateway before I reached the outer part of the gateway; it was not two minutes first.

Q. Are you sure the same man was brought back to you as you see drop the box? - I have no doubt.

Q. What may be the value of it? - I don't know, perhaps a shilling; at that time it had books and papers, which I don't know the contents.

Mr. Knowlys. Pray, what time was this? - Not long after eight if any; I had had a candle some time; it was a dark place where I wrote, especially when waggons stand against the window.

Q. I believe you have the misfortune not to see very well? - Thank God I see very well.

Q. You wear spectacles? - People at my time of life generally do.

Q. It was in this situation that you see the person who asked you about the Portsinouth waggon? - He came near, within about a yard; I had a candle burning that gave a good light.

Q. How long had you lost sight of the person after the box was dropped, before the person who really is the prisoner, was brought back? - Not much more than a minute.

Q. How far was it from the inn that the box was dropped? - It was in the Inn gateway, in Friday-street, two doors from Watling-street.

Q. You never knew the man before? - Not to my knowledge.

Q. You have described this to be the person that keeps the inn? - Yes.

Q. He was not there at that time? - He was not.

Q. Don't you stick up notice that you will not be answerable for any box that may be lost, in consequence of the great business that you have got? - No, we do not. At the time that the embargo was laid there was a bill stuck up, that we were sorry that we could not forward the goods, and hoped people would not be offended, and that we could not be answerable for the goods in case of fire.

Q. Pray, who are in partnership with Mr. Russell? - Nobody at all; there formerly were two others, but not at that time.

JOHN BRADSHAW sworn.

I am servant to Mr. Bancroft; I assist him in writing.

Q. Were you in the yard when the box was taken? - I was. I don't know what conversation passed between Mr. Bancrost and the prisoner, but I see the man come out of the warehouse with the box in his hand (I really believe it to be the prisoner) he stepped on two or three steps, and then he put the box under his his left arm; Mr. Bancroft followed him, and said, I insist upon seeing the direction before you go any further; he kept walking on, did not answer, and he mended his pace, walking faster till he got on a run down the gateway. I was close after Mr. Bancroft when he dropped the box, and Mr. Bancroft stooped for the box, and I pursued after the prisoner at the bar; he set on a run as fast as he could possibly run; I kept up close to him; I had a catch once or twice till I got to Watling-street, and then I took him; I did not see the box again till I came back to the warehouse with the prisoner; I see him before with the box, and see him let it fall by the side of him.

Q. Was it the same man that you see let the box fall, that you ran after and took? - I verily believe it was.

Q. Did you ever lose sight of him from the time he dropped the box? - No. This is the box.

Mr. Jackson. I believe your's is a pretty large inn yard, is it not? - No, we call it a small yard.

Q. An inn of considerable business? - Yes, some business.

Q. Several persons coming in the course of the day for goods; besides which you have a coffee room and a tap room open for all comers and goers? - Yes.

Q. Towards the hour of eight, when it becomes rather dusk, you have a good many frequent this place? - Yes.

Q. I believe you and Mr. Bancroft called stop thief? - The tap boy called out stop thief! and then I likewise, and, I suppose half a dozen more.

Q. Several persons collected together? - There were not above three or four where I took hold of him.

Q. Was you the man that first took hold of him, or a gentleman in the street? - A gentleman coming from St. Paul's, along Watling-street, said, I believe you are the thief; and he rather turned him into my hands; I was close after him; I said, yes, sir, this is the thief.

Q. Did not you say that you believed he was, but you was not sure, you would ask Mr. Bancroft? Have you never said so? - Never.

Q. When that person was laid hold of, did he make any resistance? - He said, you are wrong; I am not the person; you are greatly mistaken. I said, you must go along with me; says he, I will go along with you any where.

Q. Did not he say he was an housekeeper, effered you his address immediately, and said he would go wherever you pleased? - He did.

Court. Are you sure you never lost sight of him? - Yes, I am.

Prisoner. I had been to Pitt-street, Blackfriars; on my return home I called at one Mr. Thacker's, right opposite the Old-bailey; I was going from there to Whitechapel, I went by the back of St. Paul's, just as I entered Watling street, I heard the cry of stop thief! I did not run, I was on a sharp walk; a gentleman says to me, are you the person they are crying after? I made a reply, I am not; and the two men came up and said, where is he? is this the man. I told them I would go any where in the world with them. In every examination I shewed them I was an innocent man, and could have made my escape, but I would not.

Court to Bradshaw. Which way was he going when you was pursuing of him? - Towards Budge-row.

Q. Was there any body else running but him? - No.

Prisoner. When I told the gentleman I was an innocent man, he came to the inn and gave his address before the bookkeeper where he lived.

WILLIAM AYRES sworn.

I am one of the yeomen to the sheriffs. On Tuesday, the 4th of August, I overtook the prisoner at the bar at the bottom of the Old bailey; he told me that he was going to make an enquiry after somebody. I accompanied him to George-street and Pitt-street; I went with him to those places to find out a person that owed him some money.

Q. How long did this business take you up? - We went from Mr. Thacker's, in the Old-bailey, about eight; I was then going to Canterbury square, Southwark, and Mr. Pearson said that he was going my way; I parted with him at Paul's Chain. This must have been about eight o'clock, for I was at Cante bury-square at half past eight.

The prisoner called fourteen witnesses who gave him him a very good character, said, that he had been mostly in the public line, keeping public houses .

GUILTY . (Aged 31.)

Twelve months in the House of Correction and fined 1s.

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17950916-37

408. JANE GLAND was indicted for stealing, on the 10th of July , a pewter pint pot, value 18d. the goods of Thomas Hill .

THOMAS HILL , sworn.

I keep the Fountain Coffee house, in Addle-street, near Aldermanbury . About four or five o'clock, on the 10th of July, the prisoner came into my house, and asked for a penny worth of beer; I served her the beer in a penny pot; a lad came in to call for some beer, and she asked the lad to drink out of the penny worth; I just earned my back to get his beer, and she went out of doors with a pint pot; when I came up the boy told me; I asked which way she went; I went out after her, and took the pot on her, and brought her back to my house.

Q. Had you ever seen her before? - Yes, four or five times that day; I wish I had not. I missed as many pots as cost me sixteen or twenty shillings within two or three days.

Q. Where was the pot? - Between her gown and her apron. I asked her when she came back what she was going to do with it? she said, she washed for an old iron shop in Grub-street, and she would fell it for a penny or three halfpence.(Produced and deposed to) JOSEPH GUFF sworn.

Q. Were you at the house of Mr. Hill, at four o'clock, on the 4th of July?

- Yes. I see the prisoner drinking a penny worth of beer, in a penny pot; and after she had drank part of it, I see her put a pint pot under her gown; she offered me a drink of her beer; I refused, and she put the penny pot down and went out, and she told Mrs. Hill that she would pay for the beer at night; I acquainted Mrs. Hill, and Mrs. Hill acquainted Mr. Hill, and he went out after her. This is the same pot; here is my name on it, in my own writing.

Prisoner. My husband is very bad, and he used to fancy this gentleman's beer, and I used to go every day to this gentleman's house, and used to carry my own pot for the beer, that is, another public house pot, where I have had my beer for these three years, and one day I made a mistake and brought away one of his pots for my own pot.

Q. To Prosecutor. Did she ever bring another pot? - Yes, she has once or twice of another publican's.

GUILTY . (Aged 39.)

Imprisoned six months in the House of Correction , and fined 1s.

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17950916-38

409. RICHARD LAYTON was indicted for feloniously stealing, on the 3d of August , a base metal locket, gilt with gold, value 3s. 6d. the goods of Henry Jefferies .

MARY POPE sworn.

I am niece to Mr. Jefferies; I live in the house with them, No. 91, Fleet-street , a silversmith and watch maker .

Q. Was the prisoner a servant or a stranger? - A stranger. I was in the shop alone, sometimes I serve in the shop; he came into the shop, on Monday, the 3d of August, between the hours of eleven and twelve, to the best of my recollection; he desired to see some metal lockets; I took four out of the window, two plain ones; one enamelled one, and another; the one that I missed was the only one we had in the house of the sort, an old locket, this was an oval one, the other three were round ones; he wanted something shewy, as it was to make a present of to a young woman; I pointed out this locket in particular to him, and he took it in his hands and looked at it; he then pointed to a gold locket in the window, with his finger, but did not touch it, that had a device on it, and said he wanted something like that; I took out that locket and told him it was gold, and it would come much higher than he would like to go to; he looked at it and returned it to me again, and said, if it was gold it would; I put it into the window again, when I turned round I missed the oval locket which I shewed him before.

Q. Then you turned from him to put that locket in the window? - I was obliged to, to get at the window. I said, what was become of that locket which I had pointed out to him as best suiting his purpose? he said I had taken but three out of the window, and they were all there; then I said, that I would take my oath that I had taken four out of the window, and I could find but three; he then desired I would search him; I said, it was a disagreeable thing for me to search any body, what could become of that locket? and there was only him and I in the shop; in the mean time our young man, John Ham , came in; I acquainted him with the circumstance, and he asked me if I was sure that I had taken four lockets out of the window? the prisoner desired again to be searched; Mr. Ham said, if he would turn out his pockets it would be sufficient, and out of his coat pocket he took out a silk handkerchief, and Mr. Ham took up the handkerchief and shook it, and out fell the locket.

Q. In what pocket was the handkerchief? - In the left hand coat pocket; I see it drop from the handkerchief.

JONH HAM sworn.

When I came home there was a locket missed, the young lady told me, in the presence of the prisoner; the prisoner he begged to be searched, he was confident of his own innocence, and so I begged him to pull out his pockets, which he did; from the left coat pocket he pulled out a silk handkerchief, he and I shook it together, and out of his silk handkerchief dropped this locket; I see it; it is a base metal locket gift with gold. I gave it to the constable.

JOHN NEWMAN sworn.

I produce the locket; I had it from the young lady.

Miss Pope. That is the locket; it is worth three shillings and sixpence.

Prisoner. I went into the shop to ask the price of a locket, and I asked this young lady to shew me one, and she said she missed one off the counter, and I desired to be searched, and I took my handkerchief and things out, and this young man afterwards took my handkerchief up and shook this locket out, and they detained me.

GUILTY . (Aged 15.)

For the Navy or Army .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17950916-39

410. SARAH TURNER was indicted for feloniously stealing, on the 18th of August , a callico bed gown, value 1s. the goods of Ann Stockdale , spinster .

ANN STOCKDALE sworn.

I am a lodger, No. 12, Bell yard, Fleet-street . On the 18th of August, between ten and eleven in the morning, I believe it was Tuesday, I am a person that takes in a little washing , I met the prisoner with the things on the stairs, and asked her what she had got? she walked back into my room and put them down; my door was open for the benefit of drying the linen. This gown and petticoat hung over a chair.

Q. Did you stop her? - Yes, I did. She cried, and I said, she was drunk.

Q. Did she appear drunk? - I believe she did.(Produced and deposed to.)

ANN QUNLAN sworn.

I see the prisoner go up stairs.

Q. Did you go into the room along with the last witness? - No.

Q. Did you see her come down? - Yes.

Q. Did you see the things about her? - No.

Q. Are you sure that is the woman that went up stairs? - Yes.

Q. Did you afterwards see her detained by Mrs. Stockdale? - Yes.

Prisoner. I had got a drop of liquor, and I was going to see after a pair of stays.

GUILTY . (Aged 33.)

Imprisoned two years in the House of Correction and fined 1s.

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17950916-40

411. THOMAS PEARSON was indicted for feloniously making an assault, on the 20th of August , on Mary Butler , in a certain field, near the King's highway, putting her in fear, and feloniously taking from her person, and against her will, a silk cloak, value 5s. and five shillings in monies numbered, the goods and monies of the said Mary Butler .(The case opened by Mr. Knowlys.)

MARY BUTLER sworn.

Q. I believe you are a widow lady? - I am a widow; I live near Hampstead.

Q. Were you going to town on the 20th of August, and at what time? - Yes, at six o'clock in the evening.

Q. Whereabouts was it that you met with any interruption? - In the middle field between Chalk Farm and the Britannia.

Q. At the back of Gamden Town, or some where thereabouts? - Yes. The prisoner came up to me and said, money.

Q. Were you alone? - Yes.

Q. When you say the prisoner, are you certain to the person of the man? - Yes.

Q. When he said, your money, what did you do? - I put my hand into my pocket, and gave him some silver and some halfpence.

Q. In what way was it he addressed you with money? - He came up to me and said, money.

Q. After you had given him this silver and halfpence, what past then? -He wanted some more, and I gave him some more.

Q. Were you at this time collected or alarmed? - Very much alarmed indeed.

Q. Had the prisoner any thing with him at that time? - I moved a little out of the road that I was in, and then I saw a stick in his hand and held over my shoulder.

Q. Do you know how much money you gave him the first time? - I cannot say. He then laid his hand on my cloak and laid hold of it, and said he wanted it; I said I would take it off; I took it off and gave it him; I untied it directly.

Q. He pulled it off, I think? - He did.

Q. After that had passed what became of him? - He went from me then.

Q. Had you any opportunity of giving information of this? - I immediately as he left me turned round and see two gentlemen, and I screamed out to them.

Q. Had you lost sight of him before you screamed out? - No.

Q. On your screaming, did they come up? - They did; they came up directly.

Q. Did you see him taken? - No, I did not; he was not taken in my sight.

Q. Did you tell the gentlemen what had happened to you? - I screamed out and said something, but they ran strait on after the man.

Q. How long after this was it that you see the prisoner again? - In a very little while, it might be ten minutes. I ran after him across the field, as fast as I could, into Chalk-lane, and there he was taken when I came up to him, when I came up a young woman had the cloak in her hand.

Q. How she came by it you cannot tell? - No.

Q. Where is the cloak now? - It is here.

Q. In whose custody has it been ever since? - Mine.

(Produced.)

Q. Is that the cloak that you lost on that occasion? - It is.

Q. Have you any doubt of that being your cloak? - None at all.

Q. How long had you had it? - About two or three years.

Q. In justice to the prisoner, I would ask you, did he behave with any uncommon violence or severity to you? - No.

Q. He did the thing as mildly as the thing could be done. I don't know whether you was ever robbed before? - No, I was not.

Court. He did not use any particular violence, nor did not swear at you? - No, he did not

Q. You see the prisoner run off, and you see the gentlemen run after him, but you did not see them lay hold of him? - No, I did not.

SAMUEL COLLINGBRIDGE sworn.

Q. Will you be so good as to tell my lord and jury what you know of this business? - I was walking in company with Mr. Bufford, on the 20th of August, across the field leading to Chalk Farm; when I got about the middle of the field, I heard Mrs. Butler cry out stop thief! the men has robbed me; and I and Mr. Bufford immediately pursued the man.

Q. Could you see the man? - He was at some short distance, within sight; we pursued the man as far as Chalk-lane, where he got over the stile, I suppose about a minute before me; when I got over the stile I found the prisoner at the bar in custody of Mr. Bufford.

Q. Was the prisoner the same man as you see in custody? - I cannot say that, because I am rather short sighted.

Q. You did not see the cloak taken from the prisoner? - I did not. When I came up the prisoner had a stick in his hand, rather a large one.

Prisoner. I never was in a trouble before, and I don't know how to proceed; I always worked very hard for my bread.

- BUFFORD sworn.

I was walking across the field to Chalk Farm, and I observed the prosecutrix throw up her arms, and immediately I see the prisoner run off, and Mr. Colling-bridge and me ran, and at the end of the field he got over the stile, and I got over after him first, before Mr. Collingbridge, and I found him on the other side of the ditch, and I got up to him and took hold of his leg, and he slid down, and there was this stick and this cloak, which I took from him. Mr. Collingbridge then came up.

Q. Where was the cloak when you came up? - He had it in his hand when I came up.

Q. Are you sure he is the person that you see running from Mrs. Butler? - That I can fastely say.

Q. Did you see that cloak delivered to Mrs. Butler? - Yes, I did; I gave it to her myself.

THOMAS ARMS sworn.

I am headborough of Hampstead.

Q. Have you any thing more to prove, than that this man was delivered into your custody? - No, nothing more than I searched him, and found about him this gimblet and this knife.

Q. Any money? - He had returned all the money to Mrs. Butler.

Prisoner. I have nothing to say, I never was in any trouble before in my life; I am a shoe-maker; I have got a wife and family, and never was in trouble before in my life, and know not how to proceed.

Q. What number of children have you? - I have one child twenty months old, and my wife is big with another.

GUILTY. Death . (Aged 30.)

Recommended to mercy by the Jury, because he used no violence; and also recommended by the prosecutrix .

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

Reference Number: t17950916-41

412. DANIEL MAC DONALD and ANDREW MACORKHILL were indicted for feloniously stealing, on the 29th of July , one hundred and twenty copper halfpence, value 5s. and seventeen pounds in monies numbered, the monies of William Young , in his dwelling house .

WILLIAM YOUNG sworn.

I am a publican , keep the Wheat Sheaf in Calomel-buildings, Orchard-street, Portman-square . On the 29th of July, Wednesday morning, my wife waked me, I immediately jumped up and went down stairs, the first person I see was Mac Orkhill at the door.

Q. What time of the morning? - Nearly on five; I see Mac Donald in the bar.

Q. How came you to go down stairs? -My wife waked me, and said there was somebody in the bar.

Q. Did you hear any body in the house yourself? - I did not at that time.

Q. Was Mac Donald inside or outside of the door? - Inside of the door

Q. Had the door been locked the over night? - Yes, I locked it myself; the bar of the door was forced open, that which fastens it up.

Q. Did you know the person of Mac Donald? - Yes, I never see Mac Orkhill but the night before. I looked to the left, and I see Mac Donald in the bar, taking the money out of the till, and putting it into his pocket; I could not tell whether it was silver or halfpence; he still continued taking the money out of the till, and putting it into his pocket; I says, Mac Donald! Mac Donald! Mac Donald had lodged in my house two months.

Q. Then it was Mac Orkhill you see inside of the door, and Mac Donald you see taking the money? - Yes.

Q. You are perfectly sure that you knew Mac Donald? - Yes.

Q. Can you speak to the same certainty to Mac Orkhill? - Yes, I can; they were both in regimentals; I says, Mac Donald! Mac Donald! for God's sake, says he, what is the matter, Mr. Young; my wife answered and said, Mac Donald, what is it you? my wife followed me down stairs, and stood on the right side of me. Says I, when you have done walk forward, I said so to Mac Donald; as soon as he came out of the bar I laid hold of the skirts of his coat, I took him towards the foot of the stairs, I went up some stairs, and he was up one; my wife went up stairs to alarm the house, and one Haydon he came down stairs first, a lodger to me, and as soon as he see Haydon, Mac Donald made a sudden plunge, and got from me, Haydon followed in pursuit of

him; he came back and told me he found it was of no use, he could not overtake them.

Q. Did they both run away? - Yes, both; I immediately went in pursuit of a constable; I followed them down to the Barracks at Knightsbridge, they told me at the Barracks that Mac Donald had been there, and had half drest his horse and gone; I staid there some time, they were called over, and I could not see either one of them there.

Q. What time was the call over? - That might be half after six, or seven o'clock, within a few minutes; I see the corporal, and the corporal told the general, or colonel, or whoever he is, that he was deserted

Q. In consequence of this did you get your money? - I did not, nor no part of it.

Q. How much did you lose in all? - I cannot say to a pound, nearly on twenty pounds, in halfpence and silver, from a till in the bar; I locked it myself the over night; it appeared to be forced. This happened on Wednesday morning; on Friday I went with the constable to the King's Arms, Tower-hill, to take Mac Donald; he had entered into another regiment, the Louth Volunteers; we found the other man at the Barracks at Knightsbridge; he stood centry the same day.

Q. Mac Orkhill you had never seen before that night? - That night he came to lodge with Mac Donald.

Q. At the time that Mac Donald was taking of the money, did Mac Orkhill see what he was about? - Yes, it was daylight almost.

Q. He was standing in a situation that he could see? - Yes, he was standing opposite.

Mr. Knowlys. I am for Mac Orkhill only. When you came down, the person you say was Mac Orkhill had the door open in his hand, and he went away directly, did he not? - Whether he heard me or not I cannot tell, he passed from the door.

Q. In short you see him in the act of going out? - Yes.

Q. Though you are as sure of Mac Orkhill as you are of Mac Donald? - I never see the man before.

Q. That is any thing but an answer. Whenever you see Mac Orkhill, you was as sure of Mac Orkhill as you was of Mac Donald; you did not mistake there? - No.

Q. How long have you been in this house? - Nearly six months, better than five.

Q. The till happened to be very rich? - I don't know.

Q. I think it is a rich till that contains twenty pounds? - It has been as rich a good many times before and since.

Q. You always thought it was somewhere about twenty pounds, and always said so, you are sure of that? - Yes, I am sure of that.

Q. If any body comes and represents you have said otherwise, they must tell a lie of course? - Yes, they must.

Q. Estimating the value of your till, you never said there were ten or twelve shillings in it? - That day I did not know what I had lost, till the next morning, my wife did not tell me; I started off after them as fast as I could.

Q. Did you ever say you had not lost more than ten or twelve shillings? - I might say so, or I might not, to my knowledge I never did.

Q. I wish you to recollect that, because it is an important thing? - I will speak the truth and nothing but the truth.

Q. Try your recollection, and tell me whether you did not say to more persons than one that you had not lost more than ten or twelve shilling? - I don't know to my knowledge particularly what I did say that morning, I might say so, or not, I cannot tell.

Q. Don't you believe that you did, and don't you know that you did? - I could not tell at that time what I had lost.

Q. Did you tell any body that you had lost ten or twelve shillings? - Can I say a thing that I don't know from my heart.

Q. Then now, thought you have taken up the men for robbing you of twenty pounds, yet you cannot tell whether you never told people that you had not lost more than ten or twelve shillings? - I might say so, more or less, I never said positively that I had only lost ten or twelve shillings not to my knowledge.

Q. You were always sure of the person of Mac Orkhill; when you see him; you never in your life could mistake any man for Mac Orkhill? Perhaps you did not hear the question, I will repeat it; you was always sure, &c. - No, never.

Q. Did you ever pitch on any other person as Mac Orkhill; yes, or no? - When I see him I knew that he was the man.

Q. That is any thing but an answer, but I will have an answer I assure you; on your oath the next morning did not you pitch on a man of the name of Waller, and say that is Mac Orkhill, and that I will swear to? - The next morning?

Q. I will not be particular to the morning or afternoon, at any time before Mac Orkhill was taken up did you? - No.

Q. And that you swear positively? - I do.

Q. Now I will refresh your memory a little; on your oath did not Waller remonstrate to you for having pitched on him as Mac Orkhill, and you begged his pardon? - No such thing ever passed. Such a thing might pass, and it might escape my knowledge, one soldier being so much like another.

Q. Such a thing might then pass? - No, it never did.

Q. Now I tell you Waller is here, and I give you time to recollect yourself, I will give you leave once more to give me an answer; did you pitch on Waller as Mac Orkhill ; yes, or no? - No, I did not. (Waller called in.)

Q. Did not you pitch on him as Mac Orkhill? - Not to my knowledge I never did in my life.

Q. Now you have sworn positive? - Have I sworn positive? I did not, besides the man that did it; I did not to my knowledge.

Q. I will have a plain answer, yes, or no? - Not to my knowledge I did not.

Q. Now you see there is nothing like bringing people to the ten; you have sworn positively three times you did not pitch on him; on your oath did not you beg the man's pardon, saying one soldier is so much like another? - I might say that, but I never did beg the man's pardon, I might ask them a civil question, and they might give me a civil answer, the same as other people do.

Q. Did you, or did you not, six on that man as Mac Orkhill? - Not to my knowledge, I might say several things that morning that I do not recollect; did I take the man up on suspicion?

Q. Will you take on yourself to say that you never said that man was Mac Orkhill ? - No, I did not.

Q. I will take that answer. Now one man being dispatched, I take it for granted you could not have fixed on another; did you ever pitch on a man of the name of Mac Naughton, and say that he was Mac Orkhill? - Not particular to my knowledge, I might say a many things; I have a right to take up any man on suspicion.

Q. Did not you pitch on a man of the name of Mac Naughton, as the man that had robbed your house; yes, or no, and I will not be trifled with? - I say, no, I did not.

Q. You swear positively you did not? - I did not, I never did any one particular of the whole regiment, I might be drinking with them all.

Q. Do you know Sanders, the constastable? - Certainly.

Q. I take it he is a man one would believe, a man of credit, is not he? perhaps you may have said this to some person; I think there will be about forty pounds in this business, and it would be a very pretty job to take them, meaning the two persons? - Very likely, I said many things that I do not recollect.

Q. Upon your oath did not you say that, because I shall call the constable? - I might say so, I cannot say that I did or did not.

Q. Then you did know there was forty pounds reward? - How can I tell such a thing as that; how did I know any thing particularly about the forty pounds.

Q. Then you could not talk about it? - Very likely I might talk about it, I will not be on my oath about it, because I don't know whether I did or not.

Q. Did not you believe, upon your oath, that there was a forty pounds reward for taking up these people? - Who was to give me the forty pounds reward? I do not believe it, nor know any thing about it; I could not tell whether there was any such thing or not, I might talk about it, but I had not experienced it; I will not give you my oath on that subject.

MARY YOUNG sworn.

I am the wife of the last witness. On Wednesday morning, the 29th of July, I heard two men get up and come down stairs, which waked me, and I heard one go out of the yard door, and open and shut it several times; it was about five o'clock in the morning; the other went to the bar door, and forced the lock back, I heard it all, I was awake; the bar door was locked the over night; and I heard him go into the bar, and force at the till, and open it, and when it opened it made a gingling, and I awaked my husband, and told him somebody was in the bar, and he ran down stairs, and I followed him, and the first that I see was Mac Donald, in the bar, with his hands in the till, taking out the money, and putting it into his pockets; I called out Mac Donald, but he made me no answer, and my husband called Mac Donald twice, and then he came out and asked him what was the matter, and my husband catched him by the coat, and I ran up stairs to alarm the other lodgers, and the first I came to was William Haydon , and he ran down stairs before me, and when Mac Donald saw him coming down stairs, he forced away from my husband, and ran out at the door, and that was the last that I see him; I see nobody else; I did not see the other at all, I heard two, but I did not see but one.

Q. Mac Donald had lived some time in your house as a lodger? - Yes, he had. It was broad day light.

Mr. Knowlys. Your husband has no other business but the public business? - No.

Q. He gives change from the till as well as you? - No, he does not, he is more in the tap room than he is in the bar, he brings the money to me, and I give change.

Q. I suppose when you went to bed again you talked over your loss? - He went immediately up stairs and dressed himself, and went out and got a constable, and went after them; he never asked me about it till night; there was about twenty pounds in the till, as near as I can guess.

Q. This is a large sum of money to be in the till, a very extraordinary sum, you

never had so much money in the till before? - Yes, we had, but we never had been robbed before, and so we had no suspicion.

Q. Pray how long have you been in this house? - About six months.

Q. And twenty pounds in the till, in silver and halfpence; is it always your custom to leave your till in the bar at night? - It is.

Q. How much beer do you draw in a month? - Ten or eleven butts, besides spirits.

Q. Can you tell me what is the probable receipt in the course of the day? - No, I cannot.

Q. You never took twenty pounds? - No, not in a day.

Court. When did you first examine to see how much money was missing from this till? - I had not seen the till that day, for my husband had the key of the till in his pocket, out with him; the last time I looked in the till was on Sunday night, then there was fifteen or sixteen pounds in silver and halfpence.

Q. After you had been robbed, how soon did you look at your till? - I never looked at the till until night.

Q. How much did you find missing? - It was all gone, but about sixpenny worth of halfpence, and a few farthings.

Mr. Knowlys to Prosecutor. Where do you live now, do you live at this public house still? - We have left it.

Q. Where do you live now? - In Calomel-buildings, No. 10.

Q. With regard to this till, when you went up stairs to dress yourself, after you see the money, did you lock the till, or how did you leave it? - When I went up stairs I left it open, when I came down I locked it; the money was gone, except a few halfpence.

Q. Then before you went out in pursuit of the prisoner, you knew what money was missing? - I did not know particular what was in the till, my wife did, I don't know when I had looked in it before, to know what quantity was in it.

WILLIAM HAYDON sworn.

I am a lodger. The wife came up stairs and awaked me, and I went down stairs, and I said, O, Mac Donald! and he gave himself a turn round, and got away from Mr. Young's hand, and went through the door, and went out, I went out after him, and Mac Orkhill was about ten yards from the door, when I got to the door on the outside; I had never seen him before the over night; he has got a tooth that stands rather out, on the right side, I took particular notice of that in the morning.

Q. Were the two men that you see in the morning, in the same uniform that you see the over night? - Yes, I drank part of a pint of beer with one.

Q. Have you any doubt at all about the person of Mac Orkhill? - All that I have got to say is, I see him within six yards of the door.

Q. Are you sure that is the person that came into the house the over night to lodge? - Yes. I pursued them up the court, and Mac Orkhill says to Mac Donald, d-mn you, come forward, or we shall both be taken. I followed them to Portman-mews, and I durst not follow them any further, and I immediately turned back and came home and dressed myself, and went to the Barracks with Mr. Young; and Mac Donald had dressed one part of his horse, and left the other undressed; I went all through the stable, and could not see him, and we went to a public house and had a pot of beer. and the corporal came and said Mac Donald had deserted; I could find neither of them there, and I came back again.

Mr. Knowlys. You had been living some time with Mr. Young? - It is not

long since I came from abroad, and lodged with Young.

Q. This is a sad loss of Young's? - I cannot tell what the loss was, he told me twenty pounds, two or three days afterwards.

Q. Did not you ask him that? - I did not stop in the house, I was not at home, except at dinner, when I did not stop five minutes in the house, nor did not speak to them.

Q. Nor they to you? - No.

Q. You see Mr. and Mrs. Young when you came home in the evening? - No, I did not see Mr. Young.

Q. Now had not you the curiosity to say, ma'am, what have you lost? - I never asked her that day.

Q. Nor she had not the curiosity to tell you? - No, she had not.

Q. How came it that they told you three or four days afterwards? - They told me that they counted it, and it was twenty pounds that was missing.

Q. Perhaps Mr. Young might tell you that very probably he might get forty pounds for it? - I declare upon my oath he never mentioned such a word to me.

Q. So you were following the people all the way; were you in your shirt? - I had a light flannel jacket on, a pair of trowsers and my slippers; I followed them as far as I durst follow them.

Q. Still you was always behind? - A good reason, because I could not catch them.

Q. You was then always behind? - Yes, I was.

Q. You did not see this tooth behind him? - I see his tooth the over night, and the next morning we stood face to face, waiting for Mac Donald's coming out of the house.

Q. You see him waiting? - How could I see him waiting, as soon as Mac Donald came out he ran on.

Q. You went with Young, did not you see the troops drawn up? - Yes, I see them drawn up in the morning.

Q. Now we will touch collar; was Mac Orkhill there or not? did you see the tooth? I will prove he was there, and you shall find him out if you can. I did not see him there, he might be there and he might not.

Q. Were they not all drawn up at the request of Young? - No, it was to have been a field day.

Q. Were they not drawn up when Young mentioned the fact, and was not Young told that the man was there, and he might point out the man if he could? - Not to my knowledge; they were drawn up.

Court. You was with Young the whole of the time that Young was there in the morning; he did not pitch on any man for Mac Orkhill? - It was in the evening he pitched on a man.

GEORGE CURRY sworn.

I belong to the life guard s; I lodge in Pall Mall buildings; coming out of my lodgings on the 29th of July, I perceived Mac Orkhill coming out of the public house in Calomel-buildings, the Wheat Sheaf; he was in his regimental frock dress; he belongs to the life guards, the same regiment as I do.

Q. Did he run or walk from the house? - He seemed to be walking very easy; I asked him if he was going my road, and I rather halted my pace, thinking he would go with me, and I found he did not come up; I went on for fear of being too late, and I looked round when I got to the top of the buildings, and I see he was not above seven yards from the door.

JOHN MAY sworn.

I am a patrol belonging to Bow-street office; Mr. Young called at my house on the 30th of July, and I went with him to apprehend Mac Donald, at the King's

Arms, by Tower-hill; he had engaged in the Louth Volunteers, and there we found Mac Donald, and brought him up in a coach to Bow-street, and then in the afternoon of the same day we went down to the Barracks for Mac Orkhill, he was standing centry; we enquired for the commanding officer of the Barracks, and enquired for Mac Orkhill, and he was standing centry, and he told the corporal to put another man in his room, and he gave him directly up to us.

Q. Mr. Young see him there, standing centry? - No, it was me and my partner only.

Q. To Mrs. Young. You say you did not know till the evening that the twenty pounds was missing; your husband's account is, that he locked the till when he came down stairs; did not you want to go to the till in the course of the whole day? - No, I did not, I had plenty of halfpence and silver in my pocket.

Q. When was it opened first? - In the evening.

Q. To Prosecutor. Did not you go to the till that day? - I did not, I had the key all day in my pocket.

Prisoner Mac Donald. When I came down stairs I went into the back yard, and when I came from there I came out of doors, and when I came out of doors, I came up to my corporal, and he said it is a field day to day, and you must be very clever, and so we went up to the Barracks.

Prisoner Mac Orkhill. I leave it to my counsel.

BENJAMIN WALLER sworn.

Q. Are you a private in captain Lee's troop? - Yes.

Q. Do you know that young man, the prosecutor? - Yes, by sight.

Q. Did you see him when this enquiry took place, about his being robbed? - Yes, I did, at eight o'clock in the morning, when he came to the Barracks at Knightsbridge, the troop were then parading.

Q. Was Mac Orkhill, then there or not? - He was the next file to me, the next man to me, on the left hand side; Young asked the corporal to look over the men, for the man that had robbed his house, and he did, and when he had done he said the man was not there; he took no more notice of Mac Orkhill than he did of me.

Q. Had you any conversation with him? - Not at that time; in the evening I had. In the afternoon Thomas Bennet and me were going to the stables, in Portland-street, and we met Young, and he came up to me, and he looked me very seriously in the face, and he stopped Thomas Bennet, and he said I was the man. In the evening when I see him at Knightsbridge I asked him what reason he had for thinking I was the man that had been concerned with Mac Donald in robbing his house? he begged my pardon, and said, that one soldier was so much like another that it was very hard swearing to any man; and I think Mac Orkhill was present then.

Q. Did he pretend to know Mac Orkhill then? - He did; but I dare say he did not, because he took no notice of him.

Q. Did you learn at all from himself what was the amount of his loss? - I heard him say that morning, that he supposed that he had lost nearly twenty shillings in halfpence and farthings, and he dared to say there was some silver among them.

Court. You knew Orkhill very well. Has he not rather a remarkable tooth? - He has one tooth that stands out.

ALEXANDER MAC NAUGHTY sworn.

Q. Do you know that young man? - I have seen him.

Q. Did you see him on the occasion, when the enquiry was made about this robbery? - Yes. He pitched upon me on the 29th of July, in the fore part of the night, in my quarters at Knights-bridge; he came with the constable, he is here now, Sanders I believe is his name; he said he thought I was the man.

Q. At that time where was Mac Orkhill? - He was in the house in the mean time. He called me out to the door, when he asked me whether I had not slept in his house the night before?

Q. Did he see Mac Orkhill at the same time? - Yes, I am positive he see him, because he was standing in the house reading the news paper.

Court. Has Orkhill a tooth that stands more out than the rest? - Yes, he has one at the side.

CORPORAL KYLE sworn.

Q. I believe you are corporal to captain Lee's troops? - Yes.

Q. Were you present when Young came in the morning to enquire about this robbery? - Yes, he came about six in the morning; there were about three men with him.

Q. Was Mac Orkhill among them at that time? - Yes; I called Mac Orkhill by name. They both denied that the man was there.

Q. Do you know of your own knowledge that he ever pitched on any man? - Not on the parade.

Q. Did he ever in your presence? - No. I asked him particularly how much he had lost? the first answer he made me was he did not perfectly know; and I asked him a second time; he said he was not perfectly certain. there may be ten shillings in the till and some farthings, but not exceeding fifteen shillings; he told me there was some silver in the drawer, a few sixpences; but he did not say whether they were taken away or not. I went and informed the captain, and he had captain Lee's leave to look over the ranks again, which he did both the front and rear, and the man that was with him, and he said the man was not there.

Q. How long have you known Orkhill? - Seven years this month. I never heard a more honest character than he bears in the troop. I have known Mac Donald three or four years; I never heard any thing amiss of his character.

WILLIAM SANDERS sworn.

Q. I believe you are a constable? - I am. Young called on me, I believe the 29th of July, about five o'clock in the morning, and when I came out he said he had been robbed; he took several different people to be the person that was along with Mac Donald, in the course of the day; he mentioned particularly, to Rhodes that he thought he was the man, he ran after him a considerable distance from me, and he said, if you are not the man, you are very much like the man. There were a great many that he pitched upon in the course of the day.

Q. Did he apply to you to apprehend any person that did rob him? - I thought when I came out that they had got the man and wanted an officer.

Q. Did he say any thing to you respecting the consequence attending the apprehension of any man? - He said, it would be a very snug thing for us if we could get forty pounds, and without a doubt it was to be got.

Court. How was he to get forty pounds? did he explain that? - That I don't know.

Q. Did not you tell him that he could not get forty pounds in this case? - I did not know but what it might be got.

Q. Did you tell him that he could get forty pounds? - I said it was a felony

without a doubt, in case it was as he represented.

Q. Did the mention of forty pounds come from him or from you? - It was not from me, it was from him.

Q. Don't you know there is forty pounds to be got in this offence? - I know nothing about it.

Mr. Knowlys. Are you a parish constable serving for one year, or attending at any public office? - A parish constable, serving for one year.

- BEECH sworn.

I am a private in captain Lee's troops; I see the prosecutor on the morning of the 29th of July, he said that he suspected that he had lost about ten shillings of halfpence from his bar, and if the prisoner, Mac Donald, would come and make it up with him, he would take no further notice of it.

The prisoner Mac Orkhill called four witnesses who gave him an excellent character; and one witness said he had never heard any thing amiss of Mac Donald.

Daniel Mac Donald , GUILTY,

Of stealing to the value of 15s.

For the sea or Army .

Andrew Mac Orkhill , Not GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17950916-42

413. WILLIAM ROFFEE and REBECCA ROFFEE were indicted for feloniously stealing, on the 8th of September , a feather bed, value 1l.3s. and a looking glass, value 5s. the goods of Samuel Gore Pool and John Mills .

- ADDINGTON sworn.

I am a publican, keep the Crown, in Mile End New Town, Pleasant-row .

On Wednesday, the 9th of this month, I was moving; the draymen came to have the beer drawn out of the cellar; it accordingly was so drawn out, and when it was done, and the drays loaded, I shut up the house again, and locked up the tap room and parlour. The bed was in the parlour, locked up, the glass was in the club room, that was not locked, there was no key to that door; the door that locked up the tap room locked up the parlour.

Q. When did you miss them? - About eight o'clock in the evening. I cannot say I see the glass there the day before, but the bed was in the parlour when I went away.

Q. Had these people any connection in your house? - They lodged with me.

Q. How soon did you see your things again? - On the next day, at Mr. Warner's, the White Rose, the corner of Rose-lane. The room that fastens the parlour had been broke open.

Q. Was the tap room broke open? - Yes, it was. I can swear to the looking glass.

Q. These things are laid to be the property of Poole and Miller? - They are brewers at Chelsea. I was in possession of the house till it was let.

THOMAS RAWLINSON sworn.

I am an appraiser; I came to identify the property as appraising it to Mr. Poole.

THOMAS HAYWARD sworn.

I am cooper to Samuel Gore Poole; I can only prove the firm of the house, Samuel Gore Poole and James Miller .

ELIZABETH MACHIN sworn.

I am a doll-maker by trade; I know the bed, it is the same as I have made for Mr. Addington.

EDWARD WALLER sworn.

I am a shopman to Mr. Waller, a pawnbroker. Mrs. Rossee, on the 8th of September, between eight and nine in the evening, brought this glass to pledge, I took it in, I asked her if it was her own property? she said, yes.

Q. What did you give her on it? - Nine shillings.

Q. Had you ever seen her before? - Not to my knowledge.

CHARLES FRENCH sworn.

I am shopman to Mr. Waller, the pawnbroker. I produce a feather bed; I got it of that woman and man; the woman came in first, and brought the bed, and I asked who brought it for her? she said, my husband, here he is, and called him forward; I asked him if it was his own property? he said, yes, it cost him fifty shillings. We advanced a guinea on it.

Q. Are you sure it was that man and woman? - Yes. It was the 9th of September, between the hours of eight and nine, as near as I can guess.

Prisoner William. What dress was I in? - The same dress he is in now.

Court. Will you undertake to say it was between eight and nine? - Yes, it was.

Q. Did you ever see this man before? - No, never to my knowledge; but I perfectly recollect him.

WILLIAM BLACKITER sworn.

I am an officer; I went with Mr. Addington to see which way the house was broke open, and I told him it must be somebody that lived inside, and I asked him who lived inside? and he told me; and I went up stairs, and could see nothing up stairs, and I went round about the brokers, to see if I could see any thing of the bed, and could not find any thing; and I went to the pawnbroker's, and found the glass and bed at the pawnbroker's; I see the glass that night, and I see the bed at the office; the pawnbroker brought it to the office. This man was in a room among fourteen or fifteen, and the pawnbroker came and pointed him out from among all the people.

(The goods deposed to.)

Prisoner William I was at work from five o'clock in the afternoon till half after nine; and I have subpoenaed three people where I was at work, my mistress and two journeymen.

Prisoner Rebecca. When Mr. Addington left the place, I was out till half after nine o'clock, till my husband came home. I never was in the place after my husband went out, and he was out at work at the time.

William Roffee, GUILTY . (Aged 23.)

Imprisoned six months in the House of Correction and publickly whipped .

Rebecca Roffee , Not GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17950916-43

414. JANE CARTWRIGHT was indicted for feloniously stealing, on the 15th of August , a metal gilt watch, value 3l. a black silk watch string, value 1d. a stone seal set in base metal, value 6d. a base metal watch key, value 1d. and a steel key, value 1d. the goods of Tippoo Saib .

TIPPOO SAIB sworn.

I live in Great George-street, Westminster, a servant to Lord Mac Donald, the Lord Chief Baron's brother. I was robbed in King-street, Westminster ; I met with the prisoner there; I was going home, and she went along with me to

George-street; she asked me to go with her; I did, along to George-street.

Q. Did she lodge there? - I don't know.

Q. Did you go into a house there? - No, in no house; I was come to our own door, and was ringing at the bell, standing at the door, and she came aside of me, and I found her hand in my waistcoat pocket, and I put my hand to pull out my watch, and I missed my watch; I ran after her along George-street.

Q. Did you lose sight of her? - Yes.

Q. What sort of a watch was it? - A gilt watch.

Q. Had you a silk string, a stone seal, a metal watch key, and a steel key? - Yes. I met a watchman and asked him if he saw a woman go past? In ten minutes the watchman took up the woman; then I said, this is the woman, and she put the watch on the ground, and bid the watchman take it up and say no more about it. I did not see her put it down, the watchman see her; I took up the watch from the ground myself, near her; I heard her say, watchman, take up the watch and say no more about it; and then I see it on the ground.

Q. Have you kept the watch ever since? - Yes, I have. I know the name of the man that I bought it of; I know it is my own watch; I gave it to the watchman to keep it till the next morning.

Q. Did he return it to you the next morning? - Yes, before the justice.

WILLIAM ROPER sworn.

Q. Look at Tippoo Saib . Do you know him? - Yes, perfectly. On the 15th of last month, August; I see him in the street, Prince's street, Westminster; he was walking along towards meeting me; he asked me if I see a woman pass me? I said, yes, just gone by, about a minute since; says he, she has picked my pocket of my watch, I insist on your going along with me. I turned back, and we got up to the woman; and he says, this is the woman that has picked my pocket of my watch; she said, she had not got it, nor had not seen it; I said, Jane, you must go to the watch-house to be searched. She stooped down and dropped the watch by the side of us; Roper, says she, there lays the watch, take it up and say no more about it. I did not see it go out of her hand, but she said, there it lays, take it up and say no more about it. The prosecutor took it up himself.

Prisoner. I was going along George-street; I am a poor unfortunate girl; I met this man, and he asked me where I was going? I said, going home; says he, will you take me along with you for a walking stick? I said, no; says he, will you take me with you? says I, sir, what compliment will you make me? he said he had but a small trisle of money about him; he said, he had some things of his fellow servant's about him, and he gave me eight-pence halfpenny, and he unbuttoned his things, and wanted to be very rude, and he wanted sadly to prevail with me to go along with him to his master's kitchen; and I would not go with him, and I wished him good night; and he came after me and said I had got his watch, and he went to the place where we were standing, and he picked up the watch, and he said, will you go home with me? I said, no, I will not; and he said, then I will have my revenge of you one way or the other, and he met with the patrol, and said, there is that b-ch has robbed me of my watch; and the patrol said, where is the watch? and he said, I have got it; and they took me to the watch-house.

Jury to Prosecutor. Were you sober? - I had been drinking, but I was sober; I can give my oath on it.

Q. To Roper. Was Tippoo Saib drunk or sober? - I cannot say but he was sober, he spoke so and acted so.

GUILTY . (Aged 28.)

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17950916-44

415. GEORGE TUNSTALL, otherwise STINSON, otherwise TUNSTON , was indicted for that he, on the 5th of September , a piece of false, feigned and counterfeit money and coin to the likeness and similitude of a shilling, falsely and feloniously did forge, counterfeit, and coin , against the duty of his allegiance, and against the form of the statute.

Indicted in a Second COUNT with feloniously counterfeiting and coining a piece of base metal to the resemblance of a sixpence, in like manner.

(The indictment was opened by Mr. Cullen, and the case by Mr. Fielding.)

CHRISTOPHER KENNEDY sworn.

Q. You are one of the officers at the public office, Bow-street. In consequence of some information which you received(I don't ask you what it was) did you go to a house, No 11, Windmill-street? - Yes, I did, near Finsbury-square , on Saturday, the 5th of September; I got there about four o'clock in the afternoon, I and Carpmeal, and others; we went into the shop, some went up stairs, some went down stairs, Miller and I staid on the ground floor; I went into the yard, and there was a necessary, I looked into the necessary, I see the prisoner at the bar in the necessary, I asked him if he was the landlord of the house? he said, yes; I told him to come out, and in turning of him round I see his left hand coat pocket, or right, I am not certain which turned out; I then asked him if he had been throwing any thing down the necessary? he said, no I then took him into his own parlour and searched him, and found nothing particularly on him; I then went down stairs into the back kitchen, and there I found these two cutters. I believe they call them; there was a board put up, and on the window nigh the board, there I found them; I found some of the same sort of things in the front kitchen, a small cutter and three other screws, and one smaller than the other two. I then went up stairs into the garret, and there I found three punches with G. P. and D. on them, and this piece of metal that appears to have been cut out with one of these cutters, one of these small ones. I then found some other little things on a shelf that I am not acquainted with, I found them on a shelf in the back garret. I believe the black ball is to take the deadness off the metal. I then came down stairs, after having searched the other rooms, and at the bottom of the stairs I pulled up a cushion, it appeared to me like a cushion of a one horse chaise, and underneath that was the press. I then went down into the front kitchen, and there I found the fly; and with a candle in the back kitchen, underneath the kitchen stairs, between the stairs and the support of the stairs, I found this leather with these silings, or something to that purpose, and in the shop I found this bottle of aqua fortis.

Q. Did you find any other man in the house? - No other man was in the house.

Mr. Knowlys. On your going into the necessary, you say you asked the man if he was the landlord of the house, he told you immediately? - He did.

Q. He did not make use of any language of this sort, what is that to you, but he told you directly about it. There is one part you have forgot to tell us, part of his dress was unbuttoned? - I believe it was, I cannot positively swear it was or was not, but I believe it was.

Q. You say these things that were found, were some in one place and some in another, no ways collected for the purpose of use? - I described every place where they were found.

Q. Two of these cutters were laying close by a window, that would catch the eye of any person on the out side of that window? - No, I don't think it could, because it was in the yard, and the window was very dirty.

Q. Had you the curiosity to examine whether there were any marks of chalk on the press at the time? - I did not see any chalks, I did not take any particular notice.

Q. You cannot say there were none. Now this man kept a broker's shop? - That was our information.

Q. Did not you find it so, because I ask you the fact? - Yes.

Q. There was a quantity of goods there, such goods as you usually find in a broker's shop? - A great many.

Q. This man had no apron on? - No, he had not.

Q. You have attended trials of this sort? - No, never before.

Q. His hands had no particular mark on them? - I believe not.

Q. This thing that you call the press, was laying where? - On the next step going out of the shop, on the first or second step leading up stairs.

Q. I suppose other things apparently on sale in that shop, laying close to it? - Yes.

Q. Grates and other iron things? - I see no other iron things but grates.

Mr. Fielding. The window you say was close to the back yard? - Yes, it was.

THOMAS CARPMEAL sworn.

Q. You are one of the officers at Bow-street; you went with Kennedy on the 5th of September, to the house? What time of the day? - About four o'clock in the afternoon; it is an open shop, at the front there is a parlour behind the shop.

Q. Who went with you? - Miller, Rivett, and Kennedy, we all went together; I went into the parlour, and there was the wife and servant girl in the parlour, and a child, that was all the people that I first see then.

Q. Where did you go then? - I went up stairs; there is only two pair of stairs in the house; I did not find any body there, I came down again; when I came down again Kennedy had got the prisoner in the parlour, I searched him, and tied his hands, and set him down in a chair.

Q. Did you find any thing on his person? - Only three shillings and three sixpences, all good; the rest of my brother officers they went to search in the cellar, and different parts of the house, and I stopped with him in the parlour; he whispered something to his wife, which I understood to be the vault, with that I called to one of my brother officers to stop with him, and I went to the vault to search it, and on the floor, by the side of the vault, I found this paper, with these sixpences in it.

Q. How far is the vault from the house? - About fifteen yards from the house, in the yard.

Q. Did the paper contain the same as it does now? - It did, there are sixty-eight pieces; and then down in the vault I found this scissile.

Q. Do you mean on the soil? - Yes, in a paper, tied up in a handkerchief.

Q. When you found these things in the vault, you brought them into the house? - Yes.

Q. Tell me what circumstances belong to the other piece of metal which you have in your hand? - It was part of the sciffile, we cut it out to try, when we tried the press, the cutting engine.

Jury. Were the cutters fixed in the press? - Yes, there was only the fly wanting.

Q. Then the piece of metal in your hand, you cut out of some of the sciffile, with the cutter, as you found it, applying the fly to it? - Yes, just so.

Q. Did you cut it out yourself? - There were several of us together; I held the metal. In the two pair of stairs back room there was a lathe fixed, it is to turn any thing, or to clean any thing with; when we knocked the lathe to pieces, and in knocking the lathe to pieces, there dropped a shilling out of the lathe, Miller picked it up.

Mr. Knapp. This is a common broker's shop? - Yes.

Q. You was present at the time the prisoner was apprehended? - No, I came down afterwards.

Q. When you see him had he any apron on? - No, he had not.

Q. Were his hands dirty or greasy at all? - No, I do not apprehend they were, nothing more than common.

Q. You have been a witness in some of these trials before? - Frequently.

Q. I believe the use of some of these articles, would naturally dirty and greasy peoples hands and stain them? - Yes, the aqua fortis would.

Q. You say the cutting engine was not fixed at all; nothing can be done with that without the assistance of the fly? - No.

Q. The fly I believe was found in a different part of the house? - I understand it was.

Q. Then you put the fly to the instrument, in order to cut the shilling, or sixpence? - I did.

JOHN MILLER sworn.

Q. You are one of the officers that went to this house with Kennedy and Carpmeal? - Yes; the first that I observed was Kennedy going into the vault after the prisoner at the bar.

Q. Had you seen the prisoner before you see Kennedy going towards the vault? - I had not; I see Kennedy bringing the prisoner out of the vault, I took the prisoner into the parlour, and I remained there with him some time; with that, Carpmeal and I went (after we had left another person with the prisoner in the parlour) to the vault, and Carpmeal picked up a paper containing a quantity of sixpences; I took a hatchet and broke open the seat of the privy, and stooping down I picked up a handkerchief with something in it.

Q. Did you see what that handkerchief contained yourself? - I did not; I then remained again some time with the prisoner in the parlour behind the shop; then I went up stairs, in the two pair, there was a lathe, and in searching about I found these plyers and this file in that room, and in knocking the lathe to pieces, to get it from the floor, where it was nailed to, this shilling dropped out of it, and this little bit of scissile; I put a mark on the shilling, that I might know it again.

Mr. Jackson. You searched up stairs I think? - I went to take down the lathe, I did not search there at first.

Q. I believe you found the rooms up stairs full of these kinds of fragments of furniture? - Yes, what commonly is at brokers shops; in the front room there were some glasses and china, and two or three tables.

JOHN DIXON sworn.

Q. You are an officer, you went with the officers on this occasion? - No, I was not at the first search, I was at the second examination, and Mr. Vines, the solicitor for the Mint, was enquiring for some files and things that were missing; some one of the officers answered, there were some files, but they did not bring them with them; and the prisoner said to a man standing very near to me, be off, and get them out of the way; I then desired the doors of the office to be fastened, and put two officers to each door, and Mr. Mac Manus desired me to go to the prisoner's house; I went to the prisoner's house, I found a little girl and a man, who were taking care of the house; I went up into the back garret, where the lathe had been fixed, it is only two pair of stairs high, there I found these two files laying on a chair; I went down into the cellar, and there I found the block which the press is fixed on, it sits exactly this press. In the parlour in the cupboard, I found these two pair of plyers, and this cork, and this set of weights, and some scouring paper.

Mr. Knowlys. These files you may buy at any broker's shop? - No doubt, one of them appears to have been used very fresh, and the other is rather rusty, and broke.

Q. I believe at an old broker's shop, it is impossible to find things that oftener meet your eye than a pair of plyers? - I have seen them in other shops, but I cannot say in brokers shops.

JOHN RIVETT sworn.

Q. Were you one of the officers that went to this house of Tunstall's? - Yes. When we went to the house to make search, I believe I was the first that went up stairs where the lathe was produced from; it was fixed in a manner ready for working, every thing was complete with it.

Q. Did you find any thing yourself that day? - No, not that day; I went there again on the 9th; we thought there might be something more that was left, that had not been taken away on the 5th. On the block I found this bit of scouring paper, that has been cut by one of the cutters apparently, there is a hole of the bigness of a sixpence in it. In the shop, by the first stair foot going up stairs, where the press and cutter were taken from, I found these two files, they were laying open, by the other things; being disturbed I believe; in the room where the lathe was I found these trowsers, which have been apparently used, underneath a chair; there were several old chairs in the room, packed one in another.

Q. What is there remarkable in those trowsers? - Being very black. And a waistcoat was found where I found the files, on the stairs.

Q. What is there about that? - Nothing but dirt; and here is some more scouring paper. that was found in the shop the second day.

Q. You found nothing else there? - No, only the block that was found in the kitchen.

Mr. Knapp. This time that you speak of, going to this house, was four days after the prisoner was in custody? - Yes.

Q. The scouring paper perhaps you may have seen before in the course of your life? - Yes.

Q. Were there any grates in this broker's shop? - Yes.

Q. Probably you may know that scouring paper is used to clean grates? - Probably it may.

Q. The files lay perfectly open? - Just on the step, going out of the shop.

Q. Common files? - They are, but you will see the marks, as if silver had been on them.

Q. The trowsers have the appearance of being dirty; I think hard working people may have dirty trowsers? - Yes, certainly.

Q. These trowsers laid under the frame of a chair? - Yes.

Q. If they had been under the seat you would not have seen them? - No.

Q. The waistcoat that was laying on the stairs too was open? - That was laying on the first step, close to the files.

Q. So that you had an opportunity of seeing it? - Exactly so.

Court to Kennedy. Did you see any of these files when you were there, and why did not you bring them away? - Because it was the first time that ever I was on any thing of this business, and I did not know so well what was necessary.

Q. Did you see the files there? - Yes, on the block, and the sand paper.

Q. Did you see any files any where else? - In the window I believe there was one. I am not certain, I know there were some on the block. (The things produced.)

Dixon. The first is the block, the next is the press, which is fixed on the block; here is a cutter and punch, all fixed ready, and here is the fly.

Q. What is the cutter for? - To cut blanks out the size of a sixpence, or any other size, by changing the cutter, undoing the screws, and also the same by unscrewing the punch.

Jury. There are many businesses that use these tools? - Yes, no doubt.

Mr. Fielding. Now let us have the lathe? - This lathe may be applied to many things, it may be used to turn any small article that is to be done quick; they have been used very frequently in edging shillings or sixpences; after the blanks have been cut out they leave a rough edge, and by turning with a small file it takes the roughness of the edge off, and makes the edge smooth.(The shilling shewn him that sell out of the lathe.)

Q. Does that appear to have been turned by the lathe? - It does; I have no doubt of it.

Q. Look at the scissile. - There is none here that corresponds to the size of a shilling, but all to the size of a sixpence.

Q. What is the use of the scouring paper? - There does not appear to have been any used. They may use it after they have used the file, if the edges are left a little rough

Q. Is the file necessary? - Yes, and that file I found in the back garret appears to have been used very lately, for the metal all appears in the teeth of it. The cork is made use of after they are taken out of what they call the pickle; that is, after they are edged and made all ready they throw them into aqua fortis to give them the appearance of silver; that that is produced is aqua fortis without being used; it is called pickle after it has been used. Here are some filings that appear to have been filed off this kind of metal that these blanks are made of. Here is some cream of tartar that is mixed with the aqua fortis in general.

Q. That piece of blacking, what is the use of it? - I have frequently found it in coiners houses; when they are finished they are generally too bright, and they use such as this to dull the appearance to make them pass; it is bees wax and lamp black, I believe; sometimes it is done with foot, and sometimes with bees wax and other things.

Q. Now look at this parcel of sixpences; take some of them comparing them with the scissile and with the cutter, do they correspond with the size? - Exactly so, allowing for the edging of them.

Jury. Is the metal plated? - No, it is a mixt metal, and when it is put into the aqua fortis it draws the silver outside, what little there is of it.

Mr. Fielding. Are all the things you have been explaining, a complete set of things to make a shilling or sixpence? - I see nothing wanting to make them in the state they are in. There is no impression, there is nothing else wanting.

Mr. Knowlys. I believe you never see the press fixed in the way in which you have put it, in the house in the possession of the prisoner? - I was not there when it was found.

Q. The aqua fortis you have found has never been used? - Certainly not, if it had been used it would have been green.

Q. Pray, of what use is the mixing of cream of tartar with the aqua fortis? - To give them a colour; I have heard so by an accomplice in this court.

Q. Do you mean to say that it has ever been given in evidence, that they mix cream of tartar with the aqua fortis? - By an accomplice I have heard so. I have scarcely ever apprehended a coiner but I have found cream of tartar.

Q. These filings must be whatever a person is engaged in the trade of button making; he must file the blanks that he cuts out? - He must.

Q. Therefore wherever the trade of button making is carried on, there you would be likely to find such filings? - No doubt of it, if it was the same kind of metal.

Q. You have not analized the filings or the metal that is now produced? - No.

RICHARD FRANKLIN sworn.

Q. You are one of the moniers of the mint. Look at these sixpences, are they good or bad? - They are all bad.

Q. That shilling is it good or bad? -Bad.

Prisoner. About four months ago I let my back room, two pair of stairs, to one John Hayton , a button-maker, and by his not paying me the rent we differed; he owed me almost three months rent, at so much a week, and he had a good many people coming after him, particularly one that I did not like. When I found that I could not get him away, I threatened him with law for four or five different times, till at length I frightened him in such a manner that he did not come any more; he locked up the door and went away, and in two on three weeks after I got into the room, there were three gentlemen in the shop whom I asked to go with me to break the door open, that came to buy something in the shop; I took out the press, and I took it down stairs, and I set it on the stairs of the shop, and a good many more articles I took out of the back room; and the aqua fortis bottle my wife said that she would put into the shop, to try the silver that she took. The fly took up too much room to stand on the press, I took it off and put it down in the cellar and left the frame of the cutter standing on the step of the shop; then this day fortnight, I had been out about some business, and I came home about four o'clock, when I came home I went into the shop, went through the shop, and through the passage into the back yard, to the vault. I did not see any body in the shop, nor any body in the passage, nor any body in the parlour; I heard a noise up stairs, I thought it was my wife felling some goods to some customers. I went backwards to the vault, and there I sat till such-time as I had need get up, and I heard somebody in the shop; I in a hurry put my hand into my pocket to pull out some paper, and my pocket came out some part of it, being in a hurry, I ran to the necessary door with my breeches down, to see who was in the shop, and this gentleman, Mr. Kennedy,

came and met me at the door of the necessary, and asked me if I had been throwing any thing away? he looked round the necessary and saw nothing, and brought me out into my own parlour. I have nothing more to say.

MATTHEW AYNION sworn.

Q. What way of business are you in? - An optician.

Q. Have you ever been employed by the prisoner at the bar? - Yes, in carrying out goods for him, four or five months occasionally. His family consists of four children, a wife, and servant, some part of the time, and a lodger in the house.

Q. In the course of your employment for the prisoner, did you ever happen to learn what that lodger's name was? -His name was Hayton.

Q. What part of the house did he occupy? - The two pair of stairs back room. He went under the name of a button-maker.

Q. Were you ever in his room? - I never was. I have seen him shew various kinds of buttons to different people in the shop.

Q. How long is it since he left the lodgings? - Four or five weeks ago, to the best of my knowledge; I cannot say to a week.

Q. Did he leave his lodgings without giving notice or what? - I have heard the landlord say it was for not paying of rent. I have often heard the prisoner ask him for rent.

Q. Did you go to his room after he went away? - Yes, I have been in his room since. I have seen Hayton shanking buttons in his room.

Q. Do you know what kind of tools he worked with - No, because I never was in his room; I have stood at the door and see him, but never was in his room.

Mr. Fielding. You are an optician. Who do you work with? - One Mr. Linnell, on Snow-hill; I have not been there this fortnight.

Q. Then till within this fortnight you have worked with him? - Yes; I have worked with Linnell occasionally these six months.

Q. What do you mean by occasionally? - Sometimes work was not brisk.

Q. Look at the sixpences. Was that the commodities that Hayton used to deal in? - Not that I know.

Q. Was there any fire place in this two pair of stairs room? - I never was in it.

Q. You see him shanking buttons, and yet you don't know whether there was a fire place in the room - I do not.

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

Not GUILTY .

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

Reference Number: t17950916-45

416. SAMUEL PALMER WYATT was indicted for feloniously forging, on the 29th of July , a certain paper writing with the name of W. Howard there to subscribed, purporting to be drawn by William Howard , dated Plymouth, 7th July 1795; payable to the bearer on demand, at Plymouth, or at Messrs. Hankey, Hall, and Garthum, London, for the payment of five guineas, with intention to defraud Alexander Robertson .

In a Second COUNT for uttering, as true, a like forged note, with the same intention.

A Third and Fourth COUNTS for forging and uttering a like forged note,

with intention to defraud Joseph Chaplain Hankey , Stephen Hall , &c.

ALEXANDER ROBERTSON sworn.

I live at the Conduit, in Conduit-street.

Q. Do you keep the Conduit public house ? - Yes. About the latter end of July, the prisoner came to me, and asked me if I could give change for a five pound note? I told him that I fancied I could; he called for a glass of shrub and water. He gave me the note into my hand; I see it was a Plymouth note, I desired him to endorse it, to put his name to it, which I gave it him for that purpose; and in the time that I went up stairs to get cash for the note, the note was endorsed.

Q. Was the note that you took when you came down stairs, the same note that you had received of the prisoner when you went up stairs? - It appeared to me the same; I cannot positively say; it has the same appearance, only with the name endorsed.

Q. Was the ink wet or dry? - I did not take particular notice.

Q. What was the name endorsed to it? - I don't know that; I cannot say how it was spelt; I did not take any particular notice, because he was a man so much respected by the company there.

Q. Had you seen the prisoner write before? - Never did.

Q. When you came down again, did you receive the note of him? - It was laid on the ledge of the bar. It was endorsed, but I don't know by what christian name.

Q. You took it from the ledge of the bar? - Yes.

Q. The prisoner was there at the time? - Yes, I believe he was.

Q. Did you cash the note? - Yes. When he had drank the shrub and water says he, I believe I owe you something, what is it? I did not recollect at that moment, I said, that I believed that he did owe me something for eggs, gin and water, and beer, to the amount of a shilling or fifteen-pence. I had not two half guineas, I wanted to give him half a guinea's worth of silver, and one half guinea in the change. I went into the parlour and asked if any gentleman in the parlour had two half guineas for a guinea? I came back and gave him the full change for the note, and he paid me out of it. I kept the note, I did not see him for eight or ten days after, till I see him in prison, in the Borough New Gaol I believe it is; I went and got admitted, and asked him, in the presence of another young man that was in company along with me, how he could give me a forged note? He answered that he did not know it was forged, and that I should not lose by it; I immediately told him that I was a poor man, and could not afford to lose by it; and he said, I should not lose by it, he said. he got it of that fellow Catapodi for a debt or money, or something of that purpose.

Q. He was then taken before the magistrate? - Yes.

Q. Did you attend the examination? - I did. (The note shewn him) This is the note I received of the prisoner, that I took off the ledge of the bar, that I gave him cash for.

Q. Is that the same endorsement that was put on it when you received it? - Yes, it is.

Q. Did you go to Messrs. Hankey's? - Yes.

Q. Did you present the promissory note for payment? - Yes, I did, to one of the clerks; he is not here; they refused payment.

Mr. Alley. Had the prisoner been in the habit of frequently using your house? - Yes, he was; he has dined there with his friends, three or four times.

Q. I take it for granted that to a stranger, you would not have given cash for a country bank note? - No. I would not.

Q. Then I would presume that you gave him this money more on the credit of his endorsement than on considence in the note itself? - Most assuredly I did.

Q. Would the prisoner have been under the necessity of resorting to a fraud on you if he had wanted this money to this amount? - No, he needed not.

Q. Would you have given him this money on his own note? - On his own account I would.

Q. There were some other persons in your house at the time he got this money from you; and after he got this money did he not go in and associate with them? - He was there but a very short time; he wanted eggs, and my wife did not like to send out.

CHARLES STEVENS sworn.

Q. You are clerk in the house of Messrs Hankey. Repeat the firm of your house. - Joseph Chaplin Hankey , Stephen Hall , Robert Hankey , Richard Hankey , Augustus Robert Hankey , and George Garthum .

Q. (A note shewn him) That note was given to you by Mr. Robertson at Union Hall? - It was given me by Mr. Robertson.

Q. Have you had it in your possession unaltered ever since? - Ever since, for the purpose of keeping it till the prisoner should be brought to this bar. It was presented to our house; I have heard of it.

Q. Who does it purport to be subscribed by? - William Howard .

Q. Does such a person keep cash at your house? - No such person of that name keeps cash in our house. I have no recollection of any person of that name; and at Plymouth we have no correspondent.

- WOOLLEY sworn.

Q. You are clerk to Mr. Winbolt? - Yes.

Q. Did you go to Plymouth? - I did, to endeavour to find out whether such a person as W. Howard reside there. I had a letter to introduce me to the banking houses there, there is two in number, one is Bulteel and Co. and the other is Culne and Co. and there is no other banking house there.

Q. In the course of your enquiry, did you find out such a person as W. Howard there? - I did not.

Q. Did you take every means to find out such a person? - The first I did was to enquire of these houses whether they had any person of that name in partnership with them; they told me they had not.

Q. Were you successful from the information that you could get in finding out whether there was a person of that name of Howard lived there? - I was not.

Mr. Alley. I have no doubt but that you made a very general enquiry, but still it is possible there may be such a person at Plymouth? - One of the partners of Bulteel's went round with me to many respectable tradesmen. I afterwards searched the parish books and the Post office, and such a name as Howard was not to be found.(The note read.)

"No. 935. 5l. 5s.

Plymouth, July 7, 1795.

I promise to pay to the bearer, on demand, here or at Messrs. Hankey, Hall, and Co. banker s, London, five guineas, value received.

Signed, W. Howard.

Five guineas.

Entered S.S. 1725."

Court. You don't know any other house of the name of Hankey? - I do not.

Mr. Alley to Prosecutor. Do you think the prisoner at the bar had the least intention to defraud you? - Upon my word I do not.

Prisoner. I should be very sorry to take up the time of the court, but I would wish to state the simple facts that occur in this case. Some months back I was in the habit of going to Islington and Hornsey to spend my afternoon, there I got acquainted with a man of the name of Catipodi; he infinuated himself into my favour, and at several times borrowed money of me to the amount of six pounds; when I asked him for it, he always avoided giving it me, but at last he appointed a certain day; I went to Hornsey at the time, it was the 3d of August last; I told him that I was rather short, as I had been from my ship a considerable time; Catipodi evaded as usual, and said, he had no money in his pocket except a five guinea bill; which I took of him. I went to town about seven in the evening; I went immediately, as the most probable place to get this note cashed, where I was best known in town; and whenever I was in town have bore a most respectable character by every body there; I offered the note to Mr. Robertson as soon as I came in, I asked him if he could change it? he said, yes, he could. He went up stairs and brought down four guineas and a half, and borrowed half a guinea of one that is a witness in my favour. After this I asked for some eggs for supper, which he could not oblige me with, being rather late; so I drank my shrub and water, and wished them a good night. The very next day I was apprehended for being concerned with Catipodi and Davis, whom I had been seen with. It is hardly probable, in the minds of any rational being, to convict a man for going to a house where he was perfectly well known, endorsing a note with his own name, where the majority knew the place of my resort; and I should certainly have called the next day had I not been apprehended the next day, which was the 4th of August.

JAMES MALBERT sworn.

I am a perfumer and hair dresser.

Q. How long have you known the prisoner? - Four years.

Q. How long have you been in the habit of frequenting Mr. Robertson's house? - Nine years. Mr. Robertson has not kept the Conduct all that time. The first knowledge I had of the prisoner was at that house, which, I believe, is now about four years ago; he was very well known at that house; as far as ever I saw he was a perfect honest, up right man; I never heard any imputation of his character till this, not the least in the world. He is a midshipman in the navy .

Q. Was you by when the prisoner endorsed this note? - Yes, I was.

Q. Did he endorse it without any reluctance? - He did.

Q. Were there any other persons in company? - Several.

Q. I believe you know something of his friends? - Only by report.

Mr. Knapp. You say you see him endorse that note; how many were by at the time? - Six or seven.

Q. In the same room? - Yes.

Q. Did you hear Mr. Robertson say that the company was in the other room? - I could hardly hear what he said; I have been up in the gallery.

Mr. Alley. Was not Mr. Robertson above stairs at the time? - He was to the best of my recollection.

The prisoner called two more witnesses who gave him an excellent character.

Not GUILTY .

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

Reference Number: t17950916-46

417. PETER HOUGH was indicted for that he, on the 12th of August , about the hour of two in the night, being in the dwelling house of John Alcock and John Berry , in the same dwelling house feloniously did steal, five silver table spoons, value 4l. 10s. ten silver desert spoons, value 11. two silver boat ladles, value 4s. twenty-four silver tea spoons, value 24s. a silver strainer, value 4s. ten silver bottle ladles, value 11. and seven pounds in monies numbered, the goods and monies of John Alcock and John Berry ; and a ten pounds bank note their property; and having done and committed the said felony, afterwards, about the hour of two, the said dwelling house, feloniously did break to get out of the same .

JOHN BERRY sworn.

I keep St. Paul's Coffee house, in St. Paul's Church-yard .

Q. Have you any partner? - John Alcock . I cannot say to the breaking open the house. On the 12th of August, Wednesday, I fastened the bar fast at two o'clock in the morning, the bar enclosed in the coffee house, in a till where we keep our money was deposited a ten pounds bank note, No. 1330; four guineas in gold, and near three pounds in silver; this drawer was locked; in another drawer unlocked were ten desert spoons, five table, and about a dozen of tea spoons, and two boat ladles in the bar; and a silver strainer and ten bottle ladles and a dozen tea spoons taken out of another drawer which was outside of the bar; I see them myself on Wednesday morning; our house was exceedingly full on Tuesday evening, and I was under the necessity of carrying in them things myself. After locking up this drawer where the money and bank note was, I then locked the outside door that fastens the bar, as I do not live in the house; we both of us have private houses.

Q. You have servants that lay there? - Yes. Going out of the back door which leads into Dean's-court, just at two o'clock, the same morning, I found a back parlour window open, having had company in there, and they staid very late, they had left the window then; I had two servants up, and I called them both, and I waited till I see them make that window fast, and likewise the back door. About half after six the same morning, I was called on by one of my servants to inform me that the house had been robbed. I came to the coffee house immediately, went into the bar, and I found all that property gone, and I believe much more, only that is what I can swear to; I examined the bar, and found the lock taken off the bar door, the lower shelf taken down inside the bar, where the drawer runs upon, and the grove that the drawer runs upon, broke off, or unscrewed, I cannot rightly tell which. I waited till I could go to Mr. Alcock, to know what to do in the business, as he was very poorly, and he then sent for Mr. Hunt, who is a constable; we waited till about nine o'clock before we sent for a constable, and likewise I sent to the police office, and one Mr. Miller came down; he examined all the servants; afterwards Mr. Miller looked outside of the club room window and saw somebody had been over that wall; I observed the print of a hand over a door that leads into a club room; this might be between ten and eleven; this led me to a suspicion that it was Peter Hough . He had been a servant about five years. he had been gone about a year and a half. I went to seek after him, and could not get any intelligence, and afterwards Hough was taken up.

Q. In what way do you suppose that the person got in or got out of your houses Were any of the outer fastenings of the house broke? - None, I believe.

Q. Have you any circumstances that will lead us to a conclusion whether the person broke into the house, or broke out of it? - None.

Q. You say this print of the hand was over the door; was the door open? - It was close by the window, almost inside. The windows looks on leads over the parlour.

Q. Was that window open? - Yes. This is the window that it is supposed the person got in at.

Q. I thought you said you ordered some window to be shut? - That was the lower back parlour window. This window that I am now speaking of belongs to the club room.

Q. Is there a room over the parlour? - No, nothing but leads; then even with these leads are the windows belonging to the club room. I rather think they got in there.

Q. Do you think they returned the same way? - No; we suppose they opened the back door; my servant found the back door open.

Q. You had ordered that back door to shut? - I had.

Q. Could the person who was inside open that door without any difficulty? - Very easily, without any difficulty at all.

Q. How did you find that back door? - Open; my servant had been in before that, Esther Sadler .

Mr. Alley. When was it you found this indictment? - On Thursday.

Q. Who was it advised you to lay this indictment for a burglary? - Upon my word I am an utter stranger to the business.

Q. How many servants do you keep? - Eight.

Q. Pray have not you a servant of the name of King? - Yes; I believe he is here.

Q. Who did you first apprehended on this business? - Charles King ; because I left him in possession. It appeared to me that Charles King and the prisoner were both connected.

Q. Do you mean to say that your first suspicion fell on the prisoner at the bar? - No, not till the circumstances came out.

Q. Pray, how long was it after your suspicion fell on King that you took up the prisoner? - I went from the Lord Mayor to Union Hall, and got a warrant to go after Peter Hough. Charles King told me that he had him in the house, he denied at first that he was in the house, and afterwards he acknowledged that he was in the house; and that was what I was was going to explain by the print of the hand.

Q. Pray, how long was it after you apprehended Mr. Hough? - It may be within the hour.

Q. Pray. where did you find him? -At his lodgings; we were there before he came in.

Q. Did any body go in company with you to the prisoner's lodgings? - Yes, one Hunt, a constable. I left him there while I went round to several pawnbrokers, for half an hour.

Court. He was then in custody when you returned? - He was.

Q. You have told us of a bank note and the number of it. Did the number of that note come to your knowledge previous to the apprehension of the prisoner or since? I did not know the number of the note before the prisoner was apprehended; I applied to the gentleman whom I took the note of, and he said it was either 30, 31, or 32; and I endorsed the note with Mr. Clark's name on it.

Q. Was that before you locked it up in your drawer? - Yes.

Mr. Alley. I believe captain Clark was a customer of your's? - Yes.

Q. We all know that on account of the late forgeries it is customary for people to put their name on notes, therefore Mr. Clark might have passed fifty notes to fifty different persons, and put his name on them.

Court. Has any of your property ever been traced? - None but the ten pounds note, that was the next day, on Thursday; I did not see it myself; I sent a person for it to Mr. Hardy's house, in Tavistock-street, some time in the afternoon.

CHARLES KING sworn.

Q. Were you a servant to Mr. Berry at the time of the robbery? - Yes.

Q. Did you sleep in the coffee house? - Yes. About a quarter after one in the morning I was setting the book belonging to the club, and I heard a noise in the street; I went out to see what it was and they were dispersed, and the prisoner at the bar accosted me, and I did not know him; he accosted me at the end of the court.

Q. Had not he formerly lived with Mr. Berry the time you did? - Yes. I asked him who he wanted, and what he wanted? he made no answer.

Q. Was he with the other people in the street? - No, by himself. I asked him if he wanted any body there? his answer was, d-mn it, don't you know me? I then said, Peter, how do you do? I asked him where he had been so long that I had never seen him? he said he had been cut down lately, that his uncle had behaved very ill to him, and that he meant now to go into the country. I put my hand into my pocket and found that I had the key of the cellar, and I asked him to go in with me to drink a glass of wine; and he said, no; I said, there was nobody up but myself, if he would go in and drink a glass with me, he went in with me, and I fastened the door, and we went down stairs into the cellar, and we drank two or three glasses of wine together.

Q. What hour was this? - It was about three o'clock, as nigh as I can guess when I parted with him.

Q. How was it then, light or dark? - I could not discern any person, not to my knowledge.

Q. Could you distinguish any person's face so as to know him again? - I could a few yards. I fastened him out, and went to bed about three, as nigh as I could guess.

Q. Were you the last person that went to bed? - The last.

Q. When he went in with you, there were none of the servants up? - They were not.

Q. How many servants are there in the house? - There are ten in the whole men and women.

Q. Did you go to the back door? - I fastened the back door. At half after six in the morning I was called up by the porter's boy, William Leech.

Q. Pray, what could induce you to go out at that time of the night to speak to this young man? - I did not know he was there. I went out on account of the noise in the street; nor I did not know him when he accosted me.

Mr. Alley. You say you are a waiter in this house? - Yes; first and last going on of nine years; the last time between three and four years.

Q. Where have you been in the interim? - I lived at the Six Bells, Dove-court, Lombard-street, three months.

Q. A short time! What time of the morning was it you went out? - About a quarter after two.

Q. You went out because you heard mob? - Yes.

Q. You was the last up in the house? - I was.

Q. And you went out and left all the doors open when there was a mob at the door? - I did go out.

Q. You did not recollect your old friend when you met him. He had been a servant in the same house? - He had; but it was so late in the night that I did not know him; he never spoke till I spoke, who he was, and what he wanted, or whether he wanted any body there or no?

Q. Did you think he was an hobgoblin that you should accost him in that kind of way? - He standing before me, and looking me full in the face, that was my reason for asking him.

Q. Upon your oath, did not you say just now, that when the prisoner accosted you, you said you did not know him? - I did not know him; he accosted me.

Q. You took him into the cellar to drink, though he had been such a stranger to you. Honest Isaac is an honest man indeed. How much did you drink in the cellar? - Two or three glasses, I cannot say which.

Q. Did you shut him outside the door? - I did.

Q. Pray, what distance did you go from this house to where the mob was? - Only to the top of the court.

JOSHUA HUNT sworn.

I am constable of Castlehaynard Ward. I was sent for by the prosecutor, on the 13th of August, Thursday, the day after the robbery, he told me he had reason to suspect the prisoner at the bar; on which I went with the prosecutor to obtain a warrant, and went to the prisoner's apartment, the prosecutor went with me; on our first going, he was not at home; I made search in the apartment, I found nothing. By the time I had searched the apartment, the prisoner came, when he came into his room I shut the door and told him my business; on which I searched the prisoner, and found no property on him; he had a new pair of boots on, I asked him where he got them? he said, of Mr. Hardy; I asked him what he paid for them? he said, eight and twenty shillings.

Q. Where did he say Mr. Hardy lived? - I did not ask him, because I knew where he lived. I asked him how long he had them? he said, about five days. The prosecutor was absent he came in by the time I had done searching him, and I told him what I had done, and that now we must take him before a magistrate.

Q. The boots are not the prosecutor's? - No, they are the prisoner's by purchasing them at Mr. Hardy's, though not paid for them.

Mr. Alley. I believe this poor boy was two or three times examined? - Yes.

Q. You did not keep him in custody, he was let go for two or three hours? - I let him go on the wish of the prosecutor till the sitting magistrates met at Union Hall, and finding no property about him.

Q. How long was he absent? - About three or four hours.

Q. And he gave you the meeting before the sitting magistrate? - He came voluntary and gave us the meeting.

THOMAS WILLEY sworn.

I am foreman to Mr. Hardy, boot and shoe-maker, in Tavistock-street. On the evening of the 12th of August, Wednesday, the prisoner came into the shop desiring to purchase a pair of boots; I sold him a pair of boots; he paid me one pound eight shillings, he gave me a Bank of England note of ten pounds to change; he left the house immediately and took the boots in his hand On Friday a person came into the shop, whom I understood

to be a servant of Mr. Berry's, to enquire whether I had sold a pair of boots to a young man, who gave me a ten pounds bank note; I told him I had.

Q. Have you kept the bank note? - No. I sent it to the Bank of England, for cash, after I understood it was stolen.

Q. Is the person here that took it to the Bank? - No, he is not; I took a memorandum of it; the number is 1,330, and the name of captain Clarke on the back of it, and the 11th of August.

WILLIAM CHRISTMAS sworn.

I belong to the Bank of England; I have the note with me; by the books which are regularly transmitted to me, it appears to be paid on the 15th of August, Saturday; I have had it in my custody ever since.

Q. Who did you get it of? - Anderson, Hart-street. Covent-garden.

Mr. Alley. I wish to understand whether you speak to the note of your own knowledge, or from the books alone? - We cannot identify any one single note, because on an average we receive from eight to ten thousand every morning; I received this on Saturday afternoon; it came in on Saturday; I am confident it could not be paid either before or after, because the tellers are obliged to make up their accounts with me before they leave the house.

Court. Can you recollect yourself any thing in receiving this note? - No, only by the face of the books.

Q. Independent of the books, can you say that that note was handed to you on Saturday, the 15th of August? - Yes, because ever since it has been in my custody.

Mr. Alley. The night before it comes to your hands, it goes through several hands in the Bank? - It does.

Q. Therefore the first knowledge of the note is from your books? - Yes; and at the time we receive the books, we receive the notes to compare with the books.

MICHAEL GARMANSWAY sworn.

I am a carpenter.

Q. Where do you live? - In Lambethwalk.

Q. Hough was a lodger with you? - Yes, about three months; he came into my house at half past four in the morning, on the 12th of August.(The note deposed to by the prosecutor.)

Q. To Willey. Is that the note you received of the prisoner? - Yes, it is, by the hand writing of my fellow servant.

Prisoner. I am convinced I am clear and innocent of every thing that is aliedged against me. When I came home I was told there was a constable up stairs, searching my house, and that they were waiting up stairs for me, they also desired me to make my escape over the wall, and they would bring out a table to help me to get over; I would not, I said I had done nothing wrong; I went up stairs; the constable said, how do you do Peter; says he, so and so has been robbed, and it is alledged to you; says he, I must search you, and he searched my pockets and every thing, and see my new boots, and asked me where I bought them? I told him; Mr. Berry came up soon afterwards, and said a few words, and looked over the things that were about me; he then asked me to get my dinner, I did, and then asked me to go to Union Hall; the magistrates were not sitting; they asked me to meet them at half after six, or seven in the evening, I told them I would, and which I did, I was there before Mr. Berry came, waiting for him.

On the morning of the 12th of August I was returning from the Woolpack in Jewin-street, home; I went home through St. Paul's Church-yard, and I saw King, and I halted, and stood some

time before I spoke to him, at last, says he, we will go in and get a glass of wine together; says I, I shall not go in with you; says he, there is nobody up in the house but myself; and so we went in, and went down into the cellar, and drank together; he asked me where I lived? I told him, and I came up stairs and wrote my directions in a small book that I had got; this was on Wednesday, between one and two o'clock when I first see him; when we came out of the cellar I suppose it might be near three o'clock; I gave him my direction, and desired him to call when he pleased on me; which he put in his pocket, and walked out of the house, and I locked the door; and it was four by that time that I got home; it was nearly three before I got out of the cellar, and twenty minutes after three before I got out of the house, so it was four in the morning before I got home; afterwards I went about seven o'clock, and coming up Carter-lane, at the end of Dean's-court, I picked up a ten pounds note, it was wrapped up, quite screwed up, this was the same morning, the 12th of August; the landlord will inform you I was out by that time in the morning.

JANE MACKENZIE sworn.

I am a married woman, I lodged in the same house with the prisoner, at the time he was taken up.

Q. Do you recollect at this day any constable coming to apprehend him? - Yes, I do; he went up to the prisoner's apartment; he came in in about half an hour afterwards; I was in Mrs. Garmansway's apartment when he come in, and I told him that the constable was in his apartment, and I begged he would make his escape, because I thought it was for debt; he said he owed nobody any thing, he did nobody any harm, and he would go up into his apartment, he would be da-ed if he would not.

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

Not GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17950916-47

418. ERIC HANSON FALK was indicted for feloniously forging, on the 29th of September , a certain paper, purporting to be a promissory note, with the name of Robert Martin thereto subscribed, bearing date London, the 18th of September 1794, for the payment of 26l. 5s. stirling; to one Edward Ford or order, fourteen days after date; with intention to defraud Robert Martin .

A Second COUNT, for uttering the like note, knowing it to be forged, with the like intention.

A third and fourth COUNTS, for forging and uttering a forged endorsement to the same promissory note, in the name of Edward Ford , with a like intention.

Four other COUNTS, for forging and uttering a like promissory note, and with forging an endorsement to the same, with intention to defraud William Sills .

And a ninth and tenth COUNTS, for forging and uttering a like promissory note, with intention to defraud Edward Ford .

WILLIAM SILLS sworn.

Q. What have you to say against the prisoner? - He brought me this note on the 29th of September.

Q. Did you know him before? - Yes, I did, he lodged in my second floor, he had it ready furnished.

Q. Where do you live? - In North Audley-street, Grosvenor-square, in the parish of St. George's.

Q. What are you? - A grocer .

Q. What day was it the prisoner brought you this note? - On the 29th of September 1794.

Q. He lodged with you at that time? - No, he had not lodged with me for almost fifteen years, he left me in debt, and he brought this bill to pay that debt.

Q. How long had he lodged with you? - Three quarters of a year.

Q. How much money did he owe you? - Twelve pounds twelve shillings and sixpence, but soon after that he called and paid me three guineas of it, he paid me the three guineas on December 6, 1779.

Q. Then he owed you nine pounds eight shillings and sixpence? - Yes.

Q. That he owed you, what did he pay you after that? - He paid me nothing after that, he brought a forged note, the note that I have got here.(Produced and read by the clerk of the court.)

"26l. 5s. London, September 18, 1794. Fourteen days after date I promise to pay Mr. Edward Ford or order, twenty-six pounds five shillings stirling, value received.

Robert Martin .

Wapping-street, Armitage, No. 163. Endorsed Edward Ford."

Q. What time of the day was it he came? - When he came in it was candlelight, he asked me how I did, and said he believed he was something indebted to me, and said he was sorry it had not been in his power to pay me before; says he, I have got a note, if you will give me change I will pay you; I took the note, and told him that I did not choose to give him my money and receive my own, till I see this Robert Martin .

Q. What answer did he make to that? - He wanted the note again, I told him if he would come the next evening, by that time I would endeavour to see Mr. Martin, and give him the difference, and pay myself, if it was a good note; he then said that the note was a very good one, that he had it from his master with some other cash.

Q. Did he say who his master was? - I think he said captain Peckwell, or Peckman, I am not sure which.

Q. Was he a captain in the army or navy? - In the navy; I told him that I did not choose to give it up till I see Robert Martin , if he would call the next evening I would give him the difference, if it was a good note; he then wanted then he again very much, and said he could get it cashed; when he told me he could get it cashed, I told him I would go with him any where that he would go to; he then would not go, he said it would be giving me a deal of trouble, and taking me out of my business; I told him I did not mind that, whether it was early or late, I should be very happy to receive my own money; I then told him over again that I would not part with the note out of my own hands, till I see whether it was a good one or bad one, and if it was a good one I would pay myself; then he and I agreed for me to go to him the next morning, as I was to go down to Mr. Martin's the next morning.

Q. Did he come the next evening? -He did not come, I staid at home all the evening; and I never set eyes on him from the evening he offered it to me, till the day after he was taken up, which was very near two months.

Q. He never called at all for the difference of the bill? - He never did.

Q. Then you see no more of him till the day he was taken? - when was that? - July the 7th.

Q. Were you present when he was taken? - No, Mr. Martin took him up in St. Paul's Church yard, and then came to me the next morning, and told me of it.

Q. Did you go with the note according to the direction of the note? - Yes, I called at Wapping-street, but Mr. Martin would not acknowledge the note.

Q. To Mr. Woodfull. At the time that this note was presented to you, was it, or was it not endorsed? - It was endorsed, Edward Ford.

Q. Was it on a sixpenny stamp? - It was.

Q. Pray was not the appearance of the prisoner such as indicated his ignorance of these transactions, presenting a twenty-six pounds note on a sixpenny stamp? -He appeared to me very much frustrated.

Court. At the time he lodged with you, in what way of business was he in? - He was out of place, he had been a gentleman's butler, or valet , as he represented to me; at the time he gave me the note, he said he was going as ship steward, that he wanted the money very much, and would allow me discount if I would give him the money then; here is his own hand writing, with direction for me to call about this note; the direction is captain Brown, King-street Hotel; he told me that was the person he was going out with, and was with at that time; I went there, and they told me captain Brown did not lodge there, nor had lodged there, that they knew nothing of him, nor yet of his steward.

Q. What Hotel did you enquire at? - King-street Hotel; I then went to St. James's-street, to Peros, thinking it might be a mistake; the people said also that there was no captain Brown lodged there, nor yet his steward; then I enquired at three Hotels in Jermyn-street, and there was no such person at either of them.

Q. Have you any thing more to say? - When I refused to let him have the note back again till I had enquired about it, then after that he asked me if I would let him have part of the money, that he was very much destitute, I told him that it could not make much odds to him for one night; he then said he was sorry he had been so long in my debt, but he said now he was going as captain's steward, he could be of service to me, he then ordered a quarter of a pound of eight shilling, and a quarter of a pound of ten shilling teas, and some sugar, he did not order any thing else then, but he said he would have some more things of me, as he had kept me out of my money solong; he took the teas and sugar and was going off, but I said to him, Mr. Hanson, you have not paid for it; dear, says he, Mr. Sills, you have enough in your hands; I said there was so many tricks in the world that I could not let him take it without paying for it, for the note might be worth nothing for what I knew; he said he should want it the next morning for his breakfast; I told him then I would bring it down to him the next morning, when I came down to him to King-street Hotel; and I put it in my pocket the next morning to take to him for his breakfast, but he was not there.

Q. Where did he say he would be the next morning? - In the Hotel, King-street, that his master was there, and he should be there himself in the morning.

THOMAS WATERS sworn.

I live at the King's Head, Wapping, I am a taylor, all that I know concerning this business, is that the name to this note, according to the best of my knowledge, is not Mr. Martin's hand writing.

Q. Are you acquainted with Mr. Martin's hand writing? - Yes.

Q. Have you often seen him write? - Yes.

Q. Where does Mr. Martin live? - No. 363, Armitage-street, Wapping.

Q. The number in the note is 163? -Our number is 363.

Sills. I enquired at No. 163, and there was no such person lived or lodged there, as Robert Martin.

Q. To Waters. You live with a Robert Martin, No. 363? - Yes.

Q. Is that his hand writing? (The note shewn him) - No, it is not, according to the best of my knowledge.

Q. Are you well acquainted with his hand writing? - Yes, I have for many years.

Q. Do you live with him? - I work for him, I do not live in the house.

Q. What is he? - He is a slop seller .

Q. Do you undertake to say that this is not his hand writing? - According to the best of my knowledge it is not, it is quite different to the hand writing that I have seen him write for years that I have worked for him, he is not used to write his christian name in full length to bills.

Q. Do you know of any other Robert Martin in Wapping street, Armitage? - There was a Robert Martin that did live about that quarter, but I don't know that he lives there now; but he did not live in Wapping street, he lived in East Smithfield, he was a coal merchant.

Q. How far is East Smithfield from Wapping-street? - But a very little way.

Q. Do you know what number he lived at? - I do not.

Q. When did he live there, how long ago? - I cannot say.

Q. Did he live there a year ago? - Yes, I believe he did.

Q. Did he live there in September last? - I believe he did, I am not certain, I don't think it is quite a twelvemonth since he left the house.

Q. Do you know his hand writing? - No, I do not.

Mr. Woodfall. Pray witness did I understand you rightly just now, that some time since, a man of the name of Martin lived at No. 163? - No, I did not say so.

Court to Sills. You say you enquired at No. 163, and they told you there was so such man there? - They told me there was no Robert Martin but at No. 363; when Mr. Falk gave me the bill, he said that Martin was a very capital man, that he had one brother a master taylor in the Strand, and the other a master of a ship, and that they were very capital people, and that I had not the least reason to doubt the note.

Q. Did he tell you what that Robert Martin was? - Yes, he told me he was a slop seller, and knew him very well, and Martin did know him very well, and he owes him money to this time; and Martin served the ship's crew of one captain Peckman.

Prisoner. I leave my defence to my counsel; the way I got the note was, I I found it in the street.

Mr. Woodfall to Prosecutor. You knew him some years? - I knew him fifteen years ago, and he went off in my debt.

GUILTY . Death . (Aged 45.)

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

Reference Number: t17950916-48

410. JOHN DURAND was indicted for feloniously stealing, on the 29th of August , a quart pewter pot, value 1s. 6d. the goods of Peter Payne .

PETER PAYNE sworn,

Q. Where do you live? - In Oxford-street; I keep the Red Lyon, in the parish of St. Ann's . On the 23d or 24th of August a customer that used the house every day told me we had a pot stealer used the house.

Q. Did you miss any quart pot on the 27th of August? - Yes, I see him take the pot, about four o'clock, rather turned the middle of the day, at that time he came to the bar and had a glass of gin; he had used the house frequently, this six or

seven years, backwards and forwards; on this particular day I looked at him, and he shoved the pot to the other end of the table, he was standing in a box in the tap room, I don't think there was any body in that same box with him; he shoved the pots under his hat, and I looked at him, I see him shove the pot from one end of the table to the other, with his hat, and he was stocking his hair, and was talking with the company in the other box.

Q. Was his hat laying on the table before? - He pulled it off his head, and it was laying with the crown downwards; I had spoke to several people in the house about it; I missed the pot from the box, and did not know which way he had conveyed it away.

Q. Then his manner at that time did not strike you? - Yes, it did, but I was called away, I had occasion to go to the bar.

Q. How long were you absent? - Not half a minute; and he came out at the same time, of the tap room door, and went out into the street; I followed him about three or four doors, and I said, Durand, you have got a pot of mine, and I touched him over the hat, I thought he could not hold the pot in his hat, on his head I found it was not there, and I put my hand round his waist, and felt his pockets, I thought I must really be mistaken, for I felt nothing; I said, if you will come back with me I shall be satisfied, and I certainly will take you back; when he came back I pulled up the bit of apron that he had before him, and he had the quart pot in his breeches, he pulls the pot out of his breeches, and gave it to me; I said, you rascal, what do you mean by taking my pot? he dropped down on his knees, and begged for mercy; I said, you rascal, how can you expect for mercy, when I have flogged my own children through you for these five weeks; he and no answer at all, but begged that I would not prosecute him, for the take of his family; I took him to Marlborough-street, and he was committed. This is the pot, it had remained in my possession ever since.

THOMAS CABLE sworn.

I am a brewhouse servant.

Q. Was you in this house this afternoon? - Yes, I see the prisoner in the top room, I took no notice of him till Mr. Payne thought he had took a pot out of the box, and brought the prisoner back; he was in the middle box; the prisoner went out, and Mr. Payne went out after him.

Q. Had you observed the prisoner do any thing before he went out of the box? - No.

Q. How soon did Mr. Payne go out after the prisoner? Not half a minute, I see Mr. Payne go out in a hurry, and I went just out after him to the door.

Q. Then you went to the door? - Yes; Mr. Payne was bringing of him back, and he took him into the kitchen, and I see Mr. Payne take up the apron that hung before him, and there was the pot inside of his breeches.

Prisoner. I would ask Mr. Payne whether he took the pot from me, or whether I gave it him?

Payne. The prisoner unbuttoned his breeches, and I took it from him when he pulled it out of his breeches; I see the pot inside of his breeches before ever he pulled it out; the pot was quite warm.

Prisoner. When he was before the magistrate he swore that he took the pot from me. I was very bad for about five months in St. Thomas's Hospital, and I am now under the doctor in the goal. I never committed such a crime in my life before; I have a wife and family of

three children; I am very sorry it happened; I throw myself entirely on the humanity and clemency of the court.

GUILTY . (Aged 54.)

Publickly Whipped .

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

Reference Number: t17950916-49

420. JOSEPH SMITH was indicted for feloniously stealing, on the 22d of November , ten pounds, the monies of Charles Inwood ; a warrant for the payment of money, to Messrs Coutts and Co. of the value of 781, three promissory notes, of the value of 5l. 5s. each, dated Blandford; and another promissory note, dated Cobham, directed to Sir James Esdaile and Co. his property .(The case opened by Mr. Knowlys.)

CHARLES INWOOD sworn.

Q. I believe you are a salesman ? - Yes.

Q. Was the prisoner at the bar ever in your service? - Yes, a weekly servant , he had lived with me I dare say two years; on the 22d of November I gave him, at the Angel, Islington , a check of seventy-eight pounds, on Messrs. Coutts.

Q. Who was the drawer of that check? - George Dennett , of Gray's Inn-lane.

Q. Did you give him any thing else? - Four five guinea bills, either payable there, or at the town where they were drawn, or at Sir James Esdaile's; three Blandford notes and one Cobham, all payable at Messrs. Esdailes. He was to take the money and go to Mr. Potter's at Chelsea, and sell a cow that was left at Mr. Potter's, and he went and sold that cow for ten pounds, and kept that money and notes.

Q. What was he to do with this draft? - He was to take the money, and to bring it to me in the country where I live, that evening.

Q. Did you tell him in what way he was to get change for these notes? - I did not. I live at Bush, near Watford, in Hertfordshire.

Q. Did he come that evening? - No.

Q. Did you ever see him before he was apprehended? No, not from that day he went off till he was brought into custody, the 6th of July. I have travelled four hundred miles after him, at last I advertised him, and I had him.

Mr. Knapp. Had you been in the habit of employing the prisoner at the bar to make purchases for you? - Yes, he has bought and sold for me different times.

Q. Has he had large sums of money at times in his possession of your's? - Yes, sometimes he may have had three or four hundred pounds.

Q. Had he lately come to any balance of his accounts with you? - No, not for a fortnight before; that was for road charges. As for sums of money I sometimes gave him a hundred, sometimes two hundred pounds.

Court. Was the account unsettled with him for charges, or for sums of money received? - Only for charges.

Mr. Knapp. You have settled with him for money that you have given him in the course of your business to make purchases? - Certainly.

Q. And you had employed him for about two years? - Somewhere thereabouts.

Q. He did not desire you to give him the drafts, it was your desire of him? - I gave him the drafts to go for the money according to my order.

Q. My learned friend has stated to the jury that you never heard any thing of this man from the time that he went off with the money till he was taken up? - Yes, I never see him.

Q. Have you never heard by letters from him, saying, that he had lost the money, and was exceeding sorry? - Yes, I had letters from him about a month or six weeks before he was taken; I don't know that I had ever another.

Q. On your oath, have not you received many letters from him, acknowledging that he had lost the money, and wishing very much to come to an account some how or other, to give him time, as he wished, to work it out? - He seat me a letter that if I would meet him a hundred miles off he would give me some trifle that he had.

Q. Has he never given directions to any one person to apply to you to settle this business, for you to give him his time? - Nobody made any proposals to me. A man came to me once, and said that he had but twenty nine shillings left.

Court. Did he or did he not in the letter say, that he had lost the money? - Yes, he said he had lost the money.

Mr. Knapp. This draft and notes that you gave him, he was to get cash for them? - No, he was to go and get the money for them, cash or notes; I did not order him to take cash or money; but a man that wanted to take that quantity into the country, I should have thought would not take cash, he would have taken bank notes.

Q. Then you are sure that you delivered him this, not at his requisition, but by your own desire, and for your own voluntary purpose? - To be sure I did.

Q. The notes, in fact, were changed at Messrs. Coutts and Co. and at Messrs. Esdaile's and Co.? - Yes.

Court. Then you delivered to him the notes and the check; and he received the money on the notes and check? - Yes.

Mr. Knapp. Then all you mean to say is, that you gave him this check and notes, and you never see the value of them? - No, I did not.

Mr. Knowlys. How many months had elapsed, and how many times had this money been advertised before the letter came that he had lost the money? - I advertised him several times.

Q. How long was it before he told you this story of his having lost the money; and was it after he had been advertised, or not? - Four or five months, I dare say. I advertised a guinea reward, several times for taking him, and nobody would take him; he was in Lincolnshire, and then in London, and backward and forward several times. I never see him. but I was told so; but when I advertised five guineas reward, then in the course of a month, I had him brought out of Rutlandshire.

FRANCIS SMITH sworn.

Q. I believe you are clerk to Messrs. Esdailes? - Yes.

Q. Do you know any thing about changing any country bank notes? - There were four five guinea notes paid some time in November.

Q. Have you got the books? - No, I have not.

Q. Have you got the notes? - No, we always return them the same day by post.

THOMAS DUGGAN sworn.

There was a draft drawn by George Dennett on Messrs. Coutts, for seventy-eight pounds, paid the 28th of November.

Q. Do you know to whom it was paid? - No.(Produced.)

Prosecutor. I should suppose this is the draft; it is made payable to me for seventy-eight pounds.

Q. Had you any other draft made payable on that day, from Mr. Dennett for seventy-eight pounds? - No.

Mr. Knapp. Do you mean to swear positively that this is the very identical check? - It may be a forgery; a person

may forge this check; this I should not doubt swearing to, it is my name, and made payable to me.

Q. Do you mean to say that that is the draft, in the hand writing of George Dennett ? - I suppose so; but how can I tell but what it is a forgery.

Mr. Knowlys. Did you see Mr. Dennett write that draught himself? - The prisoner received the draft himself of Mr. Dennett.

Court. Were you present? - No.

Mr. Knowlys. Did the prisoner bring to you a draft drawn by Mr. Dennett on Messrs. Coutts for seventy-eight pounds? - Yes, he did.

Q. Which you delivered to him again? - Yes, I did.

Q. Have you any body here to prove the sale of the cow? - Yes, Mr. James Potter.

Mr. Potter was called and did not answer.

Mr. Knapp submitted to the court that there was not evidence sufficient to go to a jury.

Mr. Knowlys contended there was, because Mr. Knapp had proved by his own cross examination of the prosecutor, that the prisoner had acknowledged to receiving the money, because he had written that he had lost it.

Court. The prisoner must be acquitted, because that letter is not produced, which is an acknowledgment of receiving the money; and the clerk who paid the money does not prove that he paid it to the prisoner.

Not GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17950916-50

420. JOHN LEWIS was indicted for that he, with divers other persons, to the number of twenty and more, whose names are unknown, on the 12th of July , with force and arms, in the parish of St. Martin's in the Fields, unlawfully, riotously, and tumultuously did assemble, to the disturbance of the public peace; and being so assembled did feloniously begin to demolish and pull down the dwelling house of William Ostliff .(The indictment opened by Mr. Knowlys and the case by Mr. Fielding.)

ESTHER OSTLIFF sworn.

Q. You are the wife of William Ostliff ? - Yes.

Q. What house did your husband keep at Charing Cross at the time that this disturbance took place? - The King's Arms, No. 23, Charing Cross .

Q. Will you tell us of what you know of what happened on Sunday, the 12th of July? - I was sitting at my tea, between five and six o'clock, and John Lewis , the prisoner, came in.

Q. Did he come alone, or with any body else? - No, there was a lad with him. I went to the door, and I says, pray what do you want? and he said, he wanted a pint of porter.

Q. Who said so? - John Lewis. I told him that there was no porter sold. I I did not sell any; he asked me what then I sold? I told him nothing at all; he then said to the boy, come in my lad, and he swore he would have something before he went out; the words he used were, I believe, he would be d-d but he would have something before he went out. I said no more.

Q. What became of him after this? -He went out of the house; one of the serjeants came down to him.

Q. What was his name? - His name was Cooke Wheeler .

Q. Was that after he came out of the house that the serjeant came down? - Yes, he stood then in the yard.

Q. Was your house a recruiting house, as there were serjeants in it? - It was let to a colonel Blake for recuiting.

Q. What do you mean by its being let? - For a guinea a week, for the purpose of recruiting.

Q. And this was one of the serjeants who did business there? - Yes.

Q. Did you hear what past between Wheeler and the prisoner, when Wheeler came? - I did not hear what Weeler said, I stood at the door, and they walked up the passage.

Q. What happened after this? - As I stood at the bar I see him turn up with his foot and kick the recruit, the only one that was in the house, as he went through the passage.

Q. You see who kicked the young man? - Lewis, the prisoner.

Q. What young man was it the prisoner Lewis kicked? - Lewis Galley , a recruit.

Q. Where did the young man come from? - He was a recruit in the house.

Q. Where did Lewis Galley come from, what part of the house? - He was at tea with me, in the parlour.

Q. When did Galley come to Lewis the prisoner? - He came out of the parlour after me.

Q. How many recruits were in the house besides Lewis Galley ? - Only that one, he was the only one.

Q. Then you see Lewis kick this Galley? - Yes, at the outer door, as he opened the door.

Q. What past after this? - I don't know, I did not see him any more, the door was shut, and I never see him again.

Q. What door? - The outer door of the passage.

Q. Who shut the door? - I cannot say.

Q. After this what was done to the house? - I was in at the neighbours. The minute the door was shut I ran backward to my house, and ran in and fetched a key, and locked another door at the end of the passage, nor joining to my house.

Q. Does your house stand up a passage? - Up a long passage.

Q. Then by the door of the passage, you mean the door at the outer end of the passage in the street? - Yes. I went in to search a key to lock another door that is at the end of that passage.

Q. You went in doors into your own house? - Yes. Before I came into my yard, I tried my neighbour's door at the side, to run into their house, but it was fast.

Q. Did you lock that door of your's? - I did.

Q. You tried your neighbour's at the side that is in the passage, I suppose? - Yes; and I stood in the yard about a minute; while I stood there, the inner door was burst open, the pannel burst through; the second door of the passage that I locked; I thought then I must make my escape, and I went up one pair of stairs, I could not come out but at a window.

Q. Where was you at the time that the pannel was burst through? - I was in the yard.

Q. You mean the pannel was broke? - Yes, a wide pannel. I then went up stairs of my own house, and I was lifted out of window over the boards of a small parlour, into a neighbour's house, and assisted into their house, and I saw no more of the men.

Q. At the time that you were being lifted into your neighbour's house, who were about the house? - Immediately as I got out of the house, the mob came in; the servants of the house cried out, Mrs. Ostliff will be killed, and people came and helped me out of the house.

Q. Did you see the mob? - I did not get up to look at them.

Q. Did you hear them? - I heard a great noise of breaking of things in the house.

Q. When the mob went away how did you find your house? - They were above three hours and upwards I think before the gurards could come.

Q. Tell us what damages were done. - There was a great deal of damages, the furniture was all broke.

Q. Never mind the furniture. What damage was done to your house? - The windows broke, the bricks a good deal hurt by throwing.

Q. Did you observe the window frames? - Some of the window frames were entirely out, and I had some gentleman's property that were going out of England, with books, and trunks of wearing apparel, and my own clothes, every thing was taken away; these things were taken out into the street, and broke to pieces and tore.

Q. I think your husband was not at home at this time? - He had not been in town for these seven months.

Q. You lived in the house? - I lived in the house all the time.

Mr. Gurney. The sign of your house is the King's Arms, I think? - Yes, it is.

Q. It was formerly a public house? -Some years ago it was, not since Mr. Ostliff kept it.

Q. How long has your house been without a licence? - It is three or four years; I cannot tell exactly. It had no licence before my husband came to it.

Q. In what way has your house been employed from that time to the present? - Always been employed in recruiting men for soldiers.

Q. Who was it let to before it was let to colonel Blake? - To colonel Mac Dewell.

Q. Who was the house let to before it was let to colonel Mac Dewell? - To nobody at all.

Q. Who carried on the recruiting when the house was not let to colonel Mac Dewell or colonel Blake? - There was not a man resided there at all.

Q. How long is it since colonel Mac Dewell had it? - A fortnight before colonel Blake had it he had it.

Q. Now, he had it before colonel Blake. Who had it before colonel Blake and colonel Mac Dewell? - Mr. Ostliff kept it himself; and he went in the country and left me in town.

Q. Did not Mr. Ostliff carry on the recruiting business for himself, before he went down in the country? - He did, but not after.

Q. The house for some years past has been employed for the service of recruiting? - It has.

Q. On what terms did you let this house to colonel Blake? - I let it for a guinea a week.

Q. Were the recruiting serjeants in the house all of colonel Blake's regiment? - Yes, there were two serjeants of colonel Blake's regiment.

Q. Were there no other there besides these two belonging to colonel Blake's regiment? - There was a serjeant Steward who has now entered into colonel Blake's regiment.

Q. Then serjeant Steward, at that time, did not belong to colonel Blake's regiment? - No, he did not.

Q. The serjeants of colonel Blake's regiment constantly lived in the house? - Yes, they slept in the house.

Q. Has your husband a lease of the house? - No.

Q. He is a tenant at will? - Yes.

Q. And you let the whole of the house to colonel Blake? - Yes.

Q. You say you let the whole of the house to colonel Blake? - I let the beds, not the whole of the house; I have an apartment in it myself.

Q. You told me just now that you let the house to colonel Blake? - Yes; I did not know that it was improper; I let the house to colonel Blake for his regiment.

Q. You, letting the house to colonel Blake, was permitted yourself to lay in a bed chamber there? - Yes; I let the apartments for a guinea a week.

Q. Then was the house colonel Blake's or your's after you had so let it? - I was the mistress of it, I lived in it; I only let the lodgings to colonel Blake.

Q. How many rooms in the house were you permitted to keep? - I had my parlour, bed room, and dining room.

Q. What rent do you yourself pay for the house? - Two and thirty pounds a year.

Q. Now, the parlour, bed room, and dining room that you keep, do you keep them entirely to yourself; not your bed room, but your parlour and dining room? You told us there was a recruit drinking tea with you. Did they, or did they not use any one of the rooms in common with you? - If they are gentlemen I let them eat, dine and breakfast with me. I never had any body but what was very quiet.

Q. You say that your house was down a long passage from the street? - Yes.

Q. Does any part of your house come into the street? - No, only this door at the end of a long passage.

Q. Was any thing paid to you for any assistance you gave to these men? Did colonel Blake give you any thing for furnishing these men with victuals, or any thing of that sort? - No; I had nothing but a guinea a week of him.

Q. How long was that passage to your house? - I cannot say how long; it was the depth of a house, two rooms in depth.

Q. Somewhere about ten yards perhaps? - There was a room in the front and another room in my yard.

Q. There are two doors in the passage, and both of them must be past before your house could be come at? - Yes, they must.

Q. Your house had another door besides these two doors in the passage? - There is another door, but then you can look over it.

Q. There is a door to your house in the yard? - There is.

Q. Then your house door is the door of the house in the yard? - Yes, it is.

Q. How far is the inner of these two doors in the passage from your house itself? - I believe it is about the distance from me to your lordship.

Q. Then to come to your house, after one has gone through the passage, one must cross a yard? - Yes.

Q. You say that this prisoner and anothere young man came to your house to ask for some beer? - Yes.

Q. Your house still retains the sign of the King's Arms? Yes. There was a painting outside of the door of the passage.

Q. Then there being the sign of the King's Arms, it was nothing extraordinary this man coming and asking for some beer? - No.

Q. You refused to give him any beer. Why even if you sold beer, he was so drunk you would not have given him any? - I did not see him intoxicated with liquor at all.

Q. Do you mean to swear positively that man was not most dreadfully drunk? - I said but very little.

Q. Will you swear he was not drunk when he came to your house? - I cannot swear he was or was not.

Q. Was not he most beastly drunk when he came to your house? - I cannot swear any thing of the kind.

Q. Will you swear he was not drunk? - I cannot do that.

Q. You will swear neither one thing or the other? - I cannot do that. I did not conceive him drunk.

Q. But you will not swear he was not? - No, I cannot swear he was not, as I had so little to say.

Mr. Knowlys. Did you let apartments in this house for any other purpose than that of recruiting? - I did not.

Q. You reserved a part for yourself, and considered yourself as mistress at the time? - I did.

Q. Did you see any body at your house of those whom you call the mob? - I heard the mob; but I was so ill I could not look.

Q. What noise were they making? -A great noise.

Q. Was there any particular cry? - Hallooing and crying out they would set the house on fire.

CHARLES ALEXANDER CRAIG sworn.

Q. You are in the board of works? - I am.

Q. You have viewed these premises? - Yes, I have, about the 29th of August.

Q. You are enabled to form a plan of the premises on paper, so that you can explain the form of the house to his lordship? - I have just done it. The outer door of the passage, you enter it from Charing Cross, that is a covered passage by one or both of the houses adjoining, on the one pair of stairs floor, each of the houses adjoining to that passage have a door in it; that passage, I believe may be about twenty-four feet long, at the end of which there is a door, which goes into the yard belonging to Ostliff's house, that yard, I believe, may be about fifteen feet square, at the further side of the yard is the door of the dwelling house; on the left hand side is what was called the tap room, and on the right the kitchen, each of them having a window looking into the yard; on the left hand side of the yard there is a small room, to which you enter by a door from the yard only, and in which room there is a window which looks into the yard; on the right hand side of the yard there are two small rooms, to the first you enter from the kitchen, and to which there is a window looking into the yard; to the inner room you can only enter from the last room, and that is lighted by a sky light; these rooms on the right and on the left side of the yard are one story high only, and it was over there where, I presume, Mrs. Ostliff made her escape, into one of the back windows of her neighbour's house.

Q. So that the house of Ostliff is perfectly distinct from the others that have their doors in that passage? - Clearly so.

Mr. Ward. What is the width of the passage? - About three or four feet.

PETER COOKE WHEELER sworn.

Q. You are a serjeant in the Northumberland Fencibles? - Yes.

Q. Who commands the corps? - Colonel Blake.

Q. Do you remember, on the 12th of July, being at Ostliff's, in the evening? - Yes.

Q. It was on a Sunday, was it not? - It was, between the hours of five and six.

Q. Who were in the house at his time? - Mrs. Ostliff, for one; Mrs. Napping, Lewis Galley , a recruit belonging to our corps, and a lieutenant belonging to Chatham, named John Steward.

Q. Look at the prisoner at the bar, did you see him in the house? - Yes.

Q. You was in the house when he came there? - Yes.

Q. Any body else come with him? -A young lad of the name of Hollis.

Q. What past when they came into the house? - They called for some porter.

Q. Was any answer made? - The answer was made that there was none fold in the house; it was made by me for one, that there was none fold in the house, nor had there been any for some time; he said, he would be d-ed but he would have some. I went to the young man that came with him, Hollis, and desired him to walk out, not to breed a riot there Lewis got up and -

Q. Had he been sitting? - Yes, he was sitting at the same time. Lewis got up, and the lad said, he would go out, he did not mean any offence.

Q. Then Lewis got up from his seat? Yes. Hollis was going, Lewis took the lad Hollis by the collar and brought him back again; he then swore he would be d-ed if he should not come back and have some porter. We then told him again that the licence was lost, and there was no porter, nor any other liquor sold there, Lewis said he did not care for that, he would have porter I then told Lewis if he did not go, I would acquaint his colonel of him to-morrow; he then said he did not care a d-mn for that, he belonged to the third regiment of guards; and shewed me the buttons at the same time; he then said that we were a set of knidnapping thieves. Steward then took Lewis by the collar and led him to the street door.

Q. When you say the street door, do you mean, the door coming out of the house into the yard, or the door at the end of the passage? - The door at the end of the passage the further end against the street.

Q. That which goes to Charing Cross? - Yes.

Q. What became of you while Steward was leading Lewis to the street door? - I followed behind.

Q. Did any thing pass between them in the passage, that you heard, of any consequence? - Nothing that I heard of any consequence.

Q. When Steward got him to the end of the passage, what became of him? - A recruit that we had in the house, Galway, was shutting the door, Lewis then turned round and kicked the recruit on the thigh, and said, he was one of the party.

Q. After this what became of him? - A short time after that, about five or six minutes, when the door was shut -

Q. When was it shut? - He immediately shut the door, and shut both Lewis and the lad that came with him out.

Q. How did the lad come along the passage, from the room of the house to to the end of the passage, out at the street door? - He went before Lewis, by himself.

Q. Then the recruit immediately shut the door? - Yes, after he received the kick.

Court. Then you say Hollis had gone down the passage before Steward took Lewis down? - Yes.

Mr. Fielding. Then Galway shut the door, and Lewis and Hollis were both shut out into the street? - Yes.

Q. How long did the door remain shut before any thing else happened that you will have to relate? - I believe it was about five or six minutes.

Q. In what way was it shut, when Galley had shut to the door? - There was a spring lock, I believe, on the door.

Q. Was there any other fastening? - There were bolts.

Q. Were these bolts bolted on the door being shut? - Not then.

Q. What became of you after the door was shut? - We all went back into the house, and about five or six minutes afterwards I went to the door to open it, I went by myself; when I opened the door Lewis was standing in the middle of the road.

Q. Was it by accident that you went to open the door, or did any thing happen to occasion you to do it? - Nothing happened

that occasioned me to open it, it was generally kept open.

Q. You observed Lewis in the middle of the road? - Yes.

Q. What do you mean by the middle of the road? - In the middle of the street, by Charing Cross.

Q. What became of the lad? - He was standing there, and Hollis, the lad near to him.

Q. You did not see any people then about? - None at all; he comes up to me, and struck me, and said, d-mn your kidnapping eyes, there, take that; there were two grenadiers that were standing by they got before the door, and prevented me from going into the house.

Q. Did they interfere? - They did, they swore that if I attempted to come in they would knock my eyes out.

Q. Where were they standing when you said so? - At the street door, both of them, they got between me and the door.

Q. I thought you said that you see no people by at the time? - Not before he struck me, they came up while he was striking me, and got between me and the door.

Q. What past after this? - I was obliged to defend myself for some considerable time against Lewis.

Q. When those grenadiers prevented you, did Lewis do any thing? - He came up to strike me, and repeated striking me for some considerable time.

Q. Did he say any thing more to you? - Not then.

Q. Then you say you was desending yourself as well as you could against Lewis? - Yes, till such times as a gentleman belonging to the next house adjoining to the street door, went to get into his house, he assisted me in getting me from the door; I was obliged to get into his house, the grenadiers prevented me from coming into the passage; as I was going in Lewis called out, stop the kidnapping thief; he then told the mob -

Q. Did the people begin to assemble then? - A very great number, there were then several hundreds before I could get in doors.

Q. How many, speak within moderate compass, might there be about this house, before Lewis spoke to that mob? - Two hundred. He told them there were people chained down in the cellar, and one nearly dead; I heard him myself, he spoke these words as I was trying to get in.

Q. In what cellar did he say? - In the King's Arms, in the cellar belonging to the house; he said there were back ways to escape by water.

Q. This was spoke to the multitude that was there? - They were all there, and he spoke it out loud in order that they might stop me. I then got into the door of the house adjoining the passage, and got through the passage into our own house; the front door adjoining the street was then shut and bolted; I don't know who fastened it.

Q. The front door of the passage you mean? - Yes, I went up and see it myself shut and bolted; I then sent for a constable to search the house.

Q. Who did you send? - I don't know any name in particular, but any one I could find.

Q. Who went for the constable? - The landlord's daughter of the next house adjoining; I desired that somebody would go for a constable in the passage.

Q. There being a house on each side of the passage, they could hear you desire that somebody would bring a constable? - There were several people with me then in the passage; I desired somebody to go that was in the passage.

Q. Was a constable brought? - There was one immediately, John Broadfield .

Q. Did you mention for what purpose

the constable was to be fetched? - In order to search the house, to satisfy the mob that there was no such thing.

Q. On this of course the mob were outside? - Yes, in great numbers.

Q. Then they did not hear this offer of your's? - No, they did not; the constable came and searched the house.

Q. In what space of time did the constable come, how soon? - I cannot exactly say, it might be half an hour, or more.

Q. How did he get admission into your house? - In at the door that I came in at, the time Lewis struck me. When he came he searched the house, and went out to satisfy the mob that there was no such thing in the house.

Q. How did he get out to the mob, what way? - I believe he went the same way he came in.

Q. Did you go but with him? - No, I did not go out at all.

Q. What then happened when he was gone? - They took no notice of what he said at all.

Q. You were not there, don't tell us any thing but what you observed; you staid behind? - I staid behind.

Q. What happened after he had gone out? - They continually kept knocking at the door, to break it open.

Q. Knocking at the passage door? - Yes, the passage door.

Q. What happened on this? whereabouts were you? - In the passage at the same time; the mistress of the house then sent a girl to go for the horse guards; I heard her send; Mrs. Ostliff did. In the mean while they broke open the front door, but there are two other doors before we came to the house door, and they were all fastened.

Q. The outer door to the passage you found bolted, you did nothing additional to the door? - I did not.

Q. Did you do any thing else to any other door? - I shut one of them to, somebody else shut one of the others.

Q. Which did you do yourself? - The last door in the passage; there is a middle door in the passage, then there is the passage door from the yard to the passage; I shut and bolted it myself, I don't know which it was.

Q. You see them shut and bolted? - Yes, I see them all three shut and bolted.

Q. What other doors were shut and bolted? - The middle door prevents us from going into the next house, that comes into our passage.

Q. There are two doors in the passage, that opens into other houses? - I do not recollect now whether each of them open.

Q. Was the door of the yard shut or open? - Shut.

Q. How far do you come along the passage before you have a door, from the end of the passage? - There is a door at the end, that goes into the next house.

Q. At the end of the passage there is a door that opens into Ostliff's house? - Yes, there is, but there is another door at the end of the yard; there are three doors besides the house door; the doors are exactly opposite one another.

Q. But they do not all shut up the passage of Ostliff's house? - Yes, they do.

Court. At the end of the passage there is a door that opens into the yard, that was also secured? - Yes, it was, it was pushed to, but I did not lock it myself.

Q. Is there any door in the yard, before you come to the house door? - There is one more in the yard.

Q. Then there is another door more than we were aware of; then there was a second door in the yard, how was that secured? - I shut it to, the same as the front door, and bolted it.

Q. When you got into the house, what did you do with that door, did you shut it yourself? - It was not shut at all while I was in the house, I see it shut after I was out of it.

Q. How long had you been after this outer door was shut, and you had got into Ostliff's house, before any thing happened that alarmed you? - It might be nearly half an hour, or rather more, I don't know exactly the time.

Q. What then happened that alarmed you? - They broke in all doors, then we were all of us obliged to jump out of the one pair of stairs window.

Q. Did you observe any thing more before you made your escape? - I see them all standing in the passage, as many as could be, and threatened they would kill every one in the house, several of them threatened with very bad oaths.

Q. Where you see them was from the house? - We were in the house.

Q. How near had they come to the very house door, before you made your escape? - They came to the last door in the passage, and broke it open.

Q. Then you see them rather on this side of the passage? - Yes, in the yard; some of us got out of the house before they came into the yard, after they made these oaths.

Q. How long did you stay before you made your escape yourself? - I staid a very short time, but they were all gone before me, I got out and assisted them out, and got in again.

Q. Which way did you assist them out? - I got on to the leads, there was a little parlour a little distance, adjoining to the house.

Q. You assisted them out on the leads belonging to Mrs. Ostliff's house? - Yes, and they went along these leads to the third house, a wine vaults, to one Mr. Ray's, and got in at their one pair of stairs.

Q. By which they made their escape? - Yes, I remained in the yard a short time, till they came into the yard, some of them.

Q. You made your escape at last the same way? - Yes.

Q. When you made your escape were you in any situation where you could see what happened in Ostliff's house? - Yes. I was up in the house where we made our escape, in the top garret, and which overlooks the place.

Q. Now what past within your opportunity of seeing it? - I see him go into the house, and bring out the goods, linen, furniture, and bedding.

Q. Not the whole of it? - No, there was a little left in the top garret, which they could not go to, they brought out linen and boxes with clothes, and the furniture, nearly all that was below; it was entirely destroyed in the streets.

Q. Having this opportunity of looking at them, to speak within moderate compass, how many people might come into your house? - The first I see was two little boys, I believe two little blue coat boys.

Q. Then there were several people went in? - There might be twenty or more; the door was broke open by some men.

Q. Did you see any thing done or doing at the house itself? - I see them break the glass and frames of the house.

Q. What do you mean by the frames? - The window frames, and glass windows.

Q. Did you see them do any thing more? - I see them in the street destroy several things.

Q. How long did you stay there? - I staid there a considerable time.

Q. Describe particularly; how did they begin, and what did they do? how far did they go with the windows, and window frames? - They took the pieces

of the door that they had before broke open, and beat the window frame in with it.

Q. When they got these piece of doors, what did they do with them? - Broke the windows and frames.

Q. Did they knock them out? - Yes, frames and glasses, altogether.

Q. How long do you think you continued in this position, where you had the opportunity of overlooking? - I continued till the horse guards came, sometimes looking in the street, and sometimes looking there.

Q. What, your situation enabled you to look into the street as well as to the house? - Yes, there was a front garret to the house, from that I could get into the street.

Q. Could you see any thing further about the house? - Nothing further.

Q. Either in the one place or the street, or the passage, did you see any thing of Lewis, the prisoner? - Not at all, I see nothing of Lewis after the door was shut, as I mentioned before.

Q. You see nothing of him after you went into this gentleman's house adjoining the passage? - Not at all.

Q. And then the horse guards came? - Yes.

Q. How long was it from the beginning of this affair, to the time that the horse guards came? - I cannot exactly say.

Q. It might be two or three hours? - Yes, I dare say it was, as near as I can recollect.

Q. Did you observe any thing when the horse guards came? what time did you get to examine the house? - Nearly eleven, or twelve o'clock.

Q. When you came into the street did you observe any thing of Lewis then? - Nothing at all.

Q. When was it you came into the street? - I did not go into the street directly, there was such a mob round the door; I got into the house the same way as I got out.

Q. When you had any opportunity of examining the house, about eleven or twelve o'clock, what observation did you make on it? - It was a mere skeleton, the furniture was all out.

Q. Was any part of the brick work loose? - I do not remember.

Q. How were me cases of the doors and the cases of the windows? - All entirely broke to pieces, there was not one lost at all at the bottom part.

Q. How was the inside of the house, the partitions? - Torn about very much, all broke to pieces, nearly so.

Q. Now the prisoner and Hollis came into the house? - Yes.

Q. There was no door shut, but they came in at once? - Yes, the door was always kept open in the day time.

Q. It was five o'clock, in the month of July when they came? - Some where there abouts.

Q. Was there any the least pretence for such a tale as this man had put, of their being men chained down in the cellar, and of their escape by water? - None in the least, nor never was to my knowledge.

Q. Was their any other recruit but Galway? - None at all.

Q. And that man helped to put him out of the house? - He shut the door after him; Galway came back to the house, and got out of the window likewise, to make his escape, the same way as I did.

Q. That is the house of William Ostliff ? - Yes.

Mr. Ward. Lewis would have some beer, and yet you told him there was no beer sold there; that was a queer whim enough? - Yes, it was so.

Q. He was drunk, was not he? - He might be so rather, I believe he was rather in liquor.

Q. You talk of a middle door that was bolted; pray what is the use of these doors? you seem to keep your recruits pretty fast there? - I don't know the use of them.

Q. Upon your oath you don't know the use of them? - I don't know any thing particular.

JOHN BROADFIELD sworn.

Q. I believe you are a constable? - Yes.

Q. Were you sent for to this house on the 6th of July? - On the 12th of July Mrs. Ostliff's servant came up

Q. You was sent for to this house? - I was.

Q. What time of the day? - Half after six, to a minute.

Q. You came to the house? - I did.

Q. Did you search the house? - I did, at Mrs. Ostliff's request, to see if there was any body confined in the house, as the mob said there was.

Q. Did you find any person confined? - Not a soul, but a little boy about fourteen years of age, a servant girl and a recruit.

Q. Were there any confined in the house? - None, and the boy and girl were servants of her's.

Q. These persons, were they confined or imprisoned? - None in the least; all frighted out of their wits.

Q. Did you find any trap doors in the house? - None at all.

Q. Did you search with a view to discover whether there were any trap doors or not? - I did, all over the house, at her request.

Q. And you found none at all? - There was none at all.

Q. At the time you made this search, were there many persons about the house? - A number of people assembled, I dare say to the amount of two hundred.

Q. Were they peaceable and orderly at that time? - No, very riotous.

Q. In what way were they riotous? - They said it was a kidnapping house, and there were a number of people confined, and I contradicted them, and said it was no such thing.

Q. After you had searched the house, did you tell the people on the outside what appeared to you? - I came out and said, I am well known in this parish.

Q. When you said that, you contradicted them; was it after you searched the house? - It was, and I offered to resign myself to the mob, if I did not tell them the truth, and if any one of them would go in with me, I said I would take any one in with me, but I would not go in with more; repeatedly I said to them, where is the drummer, the man that has made this riot? they told me he was over the way; I went over the way to him, and I found him sitting in the Ship, in the kitchen, at Charing Cross, with a pot of beer before him.

Q. Do you know that drummer again if you was to see him? - That was the young man at the bar. I said to him, young man you have been guilty of a very great indiscretion, in making a riot about this woman's house, without any foundation; says he. I suppose you belong to the kidnappers, and you are come to vindicate their cause; no, says I, young man, here is my authority, and I had my truncheon, I took out my truncheon; I said, you see I am a parish constable; now young man, you have acted exceedingly wrong, come into the house, and testify to the mob, all to be false, that there was nothing in it, and let us try to disperse this mob if we can, before more comes; he refused going, he told me that I wanted to serve him the same, to take him in.

Q. What did he mean by taking him in? - In order to trepan him; I offered him my address, I said I lived in Chandos-street, you know where to find me if

any thing amiss comes of it; you know there is justice for me as well as there is for them; a number of people all sitting in the box, began to say they would go in if he went in; he would not go without I would take all the rest in who were sitting in the box; I said, if you will not go, young man, and assist me in dispersing this mob, worse will come of it; a number of people that were in the room, and about the door, began to hustle me, and use me extremely ill, and I was glad to make my escape; he did not use me ill himself, but the people that were sitting in the box did, and the people about the door.

Q. How did they begin to use you ill? - They told me I was a crimp and a kidnapper, and come to defend their cause. I escaped then to the horse guards, and begged of the guards to go along with me; a sergeant and twelve soldiers could have quelled the mob at that time.

Q. Why did you go that time to the horse guards? - For to get a guard to protect the house, and we would have kept the house from being hurted, I dare say.

Q. Then you did it from apprehension of danger to the house? - I did.

Q. This hustling that took place on the outside of the door, was it within sight of the mob that were assembled about this house? - It was.

Q. Did you afterwards see any more of this? - I went to the horse guards; they told me they could not grant my request, I must go to a magistrate; afterwards Mrs. Gitliff's boy came running over to me, and I went to see for a magi strate, but there was none; so I brought up two constables from Queen's-square, and the mob were then breaking into the house; the constables said they would go and fetch Serjeant Kirby, at Knights-bridge; do you stay here, Broadfield, and to the best you can. A great number of the mob then began to ill treat me, and said I was come to have a watch over them.

Q. What were they doing at this time? - They were going in in a great force; I could not get up into the passage, but at last I escaped, and got home, and shut up my own house, for they said they would be at my own house.

Q. Just as you came the door of the passage was broke open? - Yes, it was.

Q. Were the mob in the passage? - They were in the passage, and in the house, full.

Q. During the tumult were you enabled to distinguish any person in particular? - Yes, but I had no force, I was frightened to get away as fast as I could, because the mob told me they would be at my house.

Mr. Gurney. When you went to the Ship you found this young man with a pot of beer before him? - I did.

Q. Being drunk he got that to sober him a little? - When I see him he certainly was rather in liquor.

Q. You told him very truly, that he had been guilty of a great deal of indiscretion, and you wanted him to go along with you? - I did, and shewed him my staff.

Q. And when you shewed him your staff, he did not like to go along with you? - He did not.

Mr. Knowlys. He had so much sense as to give you a'frational answer? - He said he was not sorry for raising the tumule about the house, and the house deserved to be pulled down.

Q. What was his expression? - He was not sorry for what he had done.

Q. This was at the Ship, was it? - Yes.

Q. Did he say what it was he had done? - He said there is this young lad coming in just now, I went with him to have some porter, and he said they

wanted to trepan and kidnap the lad.

Q. Who did he say they wanted to trepan and kidnap? - The lad that was with him, John Hollis; he said it had been a kidnapping house, and they wanted to kidnap the lad that was with him, that he went in to have some porter with. With that I made answer, if I can make nothing here, I must go as quick as I can to the horse guards.

Mr. Gurney. The prisoner continued sitting in the box of the tap room? - Yes.

Q. You say you were afterward surrounded and bustled with some people outside of the door, consequently the prisoner was not with them, nor they with the prisoner? - They were not.

Court. Where was it you were hustled? - At the Ship door.

Q. And that was in sight of the mob that were collected together? - Yes.

Q. Where did the people come from that hustled you there? - Different bystanders that were about the door, that were collected by my telling them that they had no foundation to stand there.

Q. Whereabouts is this Ship situated? - Nearly facing this gentlewoman's house.

Q. Was the room where these people were sitting, the room that leads this way? - No, it is the room that is backwards, the kitchen; the tap room is in the front, but this was in the kitchen.

JOHN HOLLIS sworn.

Q. You know the prisoner at the bar? - Yes.

Q. Had you been in his company the 12th of July, Sunday afternoon? - Yes.

Q. Did you go with him to the house of Ostliff? - Yes.

Q. That was between five and six o'clock, was it not? - Yes.

Q. When you got into the house of Ostliff, what did you want there? - The young man asked for a pint of porter, the gentlewoman of the house said she did not sell porter; I said if it was not agreeable to the gentlewoman of the house to let us have some porter, we would go some where else, and I went out of the door immediately, and he said he would have a pint of beer; a young man that was in the bar, immediately came out, and caught him by the collar, to turn him out, and at the top of the passage another young man and he fell a fighting.

Q. Do you know the name of the man he fell a fighting with? - Peter Cooke Wheeler I believe; Lewis Galway I believe was the person that turned him out of doors.

Q. Whereabouts were you when they sell a fighting? - Just at the door; I went over the way, to a house opposite.

Q. Did you leave them while they were fighting? - I did.

Q. So what became of that sight you don't know? - I do not.

Q. How long was it before you see Lewis again? - The next morning. I went away then completely.

Q. I would ask you when you was in this house, did any thing more happen than what you have told my lord and gentlemen? - No.

Q. Was there any attempt to enlist you? - None in the least.

Q. Nor to detain you there? - None in the least.

Q. You see Lewis the next morning? - Yes, before the justice.

Mr. Ward. You are sure it was Wheeler and Lewis sell a fighting on the top of the passage? - As Peter Cooke Wheeler told me.

Q. Then you did not see the fighting? - No. I did not.

Q. Then if Wheeler has told us the contrary, he has not spoke the truth. You and the prisoner are old acquaintances? - No further than I have seen

him two or three times since he came from the Continent.

Q. You and he had been drinking together that day? - We had.

Q. When did you first meet that day? - About the middle of the day.

Q. From the middle of the day till five or six o'clock had you been drinking together? - No, not all the time there were him and me and two or three friends.

Q. How many pots of beer had you drank together? - I cannot say that.

Q. Was not Lewis very drunk? - I cannot say he was very drunk.

Q. He was drunk? - I cannot justly say whether he was drunk or no.

Q. Because perhaps you were so drunk yourself, you could not find it out.

CATHARINE MARSHALL sworn.

Q. Where did you live on the 12th of July, when this happened at Charing Cross? - At Mr. Marshall's house, Charing Cross.

Q. Are you a daughter of Mr. Marshall? - Yes, he keeps a green grocer's shop.

Q. Do you know the prisoner? - Yes.

Q. Did you see him on the 12th of July? - Yes, between five and six o'clock I see him in Mrs. Ostliff's yard; he came in and asked for a pint of beer.

Q. Did you see him after that at any time? - Yes, I see him jump on the goods, between seven and eight o'clock.

Q. Were there any persons about the house when you see him jumping on the goods? - Yes, a mob about the house.

Q. What sort of goods? - I cannot say, there were many different sort of goods.

Court. At the time that the mob were bringing the goods out? - Yes.

Q. What was done with the goods that were brought out? - The mob broke them in the street.

Mr. Fielding to Craigg. You was called upon of course to take your survey of this house? - Yes.

Q. Will you be so good as to tell my lord and jury the state of the demolition; when was it you see it? - I believe it was on or about the 29th day of August. The outer door next Charing Cross seems to have been forced off its hinges; it then lay in the passage with all the six pannels broke; the door at the other end of the passage seemed likewise to have been forced off its hinges, and was not to be found; the upper pannel at the door in the house, was likewise broke; most of the sashes, and of course the glass was destroyed, and some of the internal doors, as was likewise the door in the small room on the left hand side of the yard, and the sash of that room, as well as on the right hand side of the yard, there was a very little left of one of the sash frames. These were the most material damages that were done to the house.

Mr. Fielding to Mrs. Ostliff. You are on your oath; how soon was it after this evening, that you had an opportunity of looking at your premises again? - I never went into the house for two or three days.

Q. Was it when you see it then in the same condition as when Mr. Craigg looked over it? - Yes, it was.

Prisoner. I shall leave it all to my counsel.

SAMUEL BROOKS sworn.

I am a glass cutter; I have known the young man at the bar from his infancy; he has always sustained a very good character, never been given to rioting, as I understand; I always understood him to he a man of good morals; I see him and the young lad with him, on Sunday,

the 12th, go by my own door, both very much intoxicated, this was pretty nigh five.

ADAM ROBERTSON sworn.

I am a sergeant in the third regiment of guards, in the same company as the prisoner; I have known him upwards of seven years, he always bore the best of characters in the regiment, if Lord Charles Fitzroy was in town he would have given him the same character, because he has wrote to me to that purpose. I served with him about two years on the Continent, he always behaved himself as a good soldier ; in the room of being at the head of any riot, or any moroding, he was always to the contrary, and giving information to the contrary.

ROBERT CAMPBELL sworn.

I am a sergeant in the third regiment of guards, Lord Fitzroy's regiment, the same company as the prisoner, I have known him seven years in the same company; I give him this character, that he has been a lad that was always respected by commissioned officers, and non-commissioned officers, and universally loved by his brother soldiers; I was first to last in the field of battle with him, I always found him to behave himself like a soldier in the field, and to take up the arms of those that died by the sate of war.

WILLIAM THOMAS DILKS sworn.

Q. I believe you are the captain of the battallion of guards, to which the prisoner belonged? - I am, I have known him about five years, I was on the Continent with him, I have always considered him as an extreme inoffensive quiet lad, particularly so for the line in which he is.

Q. I believe Lord Charles Fitzroy and Captain Stockton are out of town? - They are.

Q. To Marshall. Where were you when you see the prisoner? - In the front garret.

Q. Whereabouts is your father's house? - The corner of Mrs. Ostliff's house.

Q. Are you able to swear to the prisoner being the person whom you see jump on the goods? - Yes.

Q. Where were you when you first see the prisoner? - In the one pair of stairs back room, it looks into the yard.

Q. Were you near enough to hear what he asked for? - Yes.

GUILTY. (Aged 20.) Death .

The jury recommended him to mercy on account of his youth and good character .

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

Reference Number: t17950916-51

422. SARAH BAKER was indicted for feloniously receiving, on the 23d of May , twenty-five linen table clothes, value 7l. 5s. &c. the goods of Lord Belgrave; and two hats, value 2s. the goods of Uriah Lane ; and two silk cloaks, value 2s. the goods of Alice Pemberton, being parcel of the goods burglariously stolen by Benjamin Green and Richard White , where of they were at the last session convicted of burglariously stealing; well knowing them to be stolen .

The case was opened by Mr. Trebeck, and the prisoner was ACQUITTED .

Reference Number: t17950916-52

423. AGNES VALLANCE was indicted for feloniously stealing, on the 3d of August , a woollen blanket, value 3s. six china cups, value 2s. six china saucers, value 2s. a set of cotton bed furniture,

value 9s. for cotton bed curtains, value 10s. a cotton counterpane, value 6s. seven linen pillow cases, value 14s. eleven linen shifts, value 30s. two linen sheets, value 4s. eleven cotton caps, value 6s. seven gigham bed gowns, value 7s. a cotton handkerchief, value 2s. a cotton quilt, value 4s. ten yards of satin for a petticoat, value 15s. the goods of Elizabeth Rebecca Armstrong , widow ; a gown, value 11s. the goods of Elizabeth Staple , spinster , and eleven muslin frocks, value 3l. the goods of Harriot Armstrong , spinster , in the dwelling house of Elizabeth Armstrong .

ELIZABETH REBECCA ARMSTRONG sworn.

Q. Are you a widow? - Yes.

Q. Where do you live? - No. 25, in Philpot-lane, Fenchurch street .

Q. Was the prisoner a servant of your's? - She was. I went out of town the 2d of June, and I came back the 4th of August; I left her in charge of my house alone; when I came back I found my house in a very uncomfortable situation, exceedingly dirty. Afterwards when I came to examine, I found the windows were broke, table and chairs broke, that shewed there had been very disorderly behaviour in the house; I complained of the house being very dirty to receive me, and she fell a crying, and said, she had been a very bad girl, she said, she had kept very bad company.

Q. This was exactly as it passed between you? - Exactly; I had not been two minutes in the house. She said she had bad connections, and had pawned a great many of my things. I said, you have used me very ill, who have you pawned them to? she said, to a young lady that was with me, whom I had brought out of the country with me, if she would come along with her she would shew her. The young lady said to me, ma'am, you need not go, for I have seen a little here that explains all; it was a letter that she had picked up in the kitchen. On which I said to the prisoner, tell me what you are after; says she, I will give you the duplicates. In consequence of that she gave me a great many duplicates.

Q. Did you trace the property by these duplicates? - Yes, at five pawnbrokers that are now in court.

ELIZABETH STAPLES sworn.

Q. Was you in the house of Mrs. Armstrong when she came home from the country? - I was.

Q. You are a relation to the family? - I am. She gave me up some of the duplicates; I went to my father and asked his advice, and he sent an officer the next morning; and when the officer searched the prisoner, in her pocket book were found three more duplicates.

Q. Did you see them taken from her? - I did. The officer kept them.

PETER MAINE sworn.

I am an officer of the City of London. I produce some tickets; I took them from the prisoner, on Wednesday the 5th of August; I went there in consequence of a message from the lady.

Q. Have you any other duplicates that the young lady gave you? - Yes. I think I have fourteen of different pawnbrokers.

Q. Have you kept them from that time to this? - Yes. The pawnbrokers are all here.

JAMES FISK sworn.

I am apprentice to a pawnbroker; I produce four cotton curtains, pledged the 31st of July; an umbrella for three shil

lings, the 1st of August; a gown and petticoat, on the 3d of August; and eleven china cups, the 29th of July; a muslin frock, pawned the 20th of July; and six china cups and six saucers, pledged the first of August; I did not take them in.

Q. Is there any witness here who did take them in? - No.

Q. Was there any duplicate found on the prisoner of these cups and saucers? - No. I took four of the articles in myself.

Q. What do you think the cotton curtains would sell for? - Ten shillings; the umbrella for five; the muslin frock for six; eleven cotton caps for about five.

Q. Who was the person that pawned all these different articles? - The prisoner at the bar.

Q. Were they pawned in her own name? - Not all of them.

Q. In different names? - Yes, Rawlins, Vallence, and Armstrong.

Q. To Maine. Shew him the duplicates that you took from the prisoner.

Fisk. The duplicate of four curtains is not here, only the duplicate of the umbrella, and the gown and petticoat; a dimity gown and muslin petticoat, I took that in myself.

WILLIAM THURSTON sworn.

I am a pawnbroker. On the 24th of July I took in a gown and petticoat; there are two frocks in the same parcel; there was some died satin pawned the same day.

Q. Were all the articles that you speak to pawned by the prisoner? - It was a young woman; I cannot say the prisoner because I did not know her when I see her at the Mansion House.

Q. What may the two muslin frocks be worth? - About fourteen shillings; it is uncertain the value of them.

Q. Would you give that for them in your trade? - Yes, I would; and ten yards of satin ten shillings.

Q. To Maine. Let him see the duplicates.

Thurston. They are here; it is not my hand writing, but I know them.

Mr. Alley. You say you don't know who brought these things to your house. You know it is the common practice of people who get these tickets frequently to pass them from hand to hand? - They do when they are in want of money.

RICHARD SHARE sworn.

I am a pawnbroker's servant in the Minories. On the 30th of July, I took in five gigham or callico bed gowns for five shillings, on the 31st, four shifts for four shillings, of the name of Armstrong. I have two other pledged which were taken in by a young woman.

Q. Do you know who pawned these that you took in? - Yes, the prisoner.

Q. What may be the value of the gigham bed gowns? - About half a crown a piece.

Q. To Maine. Shew him the duplicates.

Share. They are my duplicates.

ISAAC BANNISTER sworn.

I am a pawnbroker; I produce a set of linen curtains, and three gigham bed gowns, pawned the 31st of July by the prisoner.

Q. To Maine. Shew him the duplicates.

Bannister. That is my hand writing. I would not give above a shilling a piece for them.

MICHAEL CONNER sworn.

I am a pawnbroker's servant; I produce one frock, pledged the 24th of July, for four shillings; four muslin frocks and six pillow cases, for fifteen shillings, the 30th of July.

Q. Do you know the person of the prisoner? - I do not; I did not take the

things in; but I can swear to the ticket, I know the hand writing.

Q. What may be the value of the muslin frock? - Five shillings.

Q. What may be the value of four muslin frocks and six pillow cases? - Fifteen shillings.

Q. To Prosecutor. Were these things left out, or were the drawers left open? - The things that belonged to the child were all in one drawer, but I cannot swear that that drawer was locked; the curtains were on the bed, and the umbrella was in a closet, and this furniture was the furniture of her own bed; the child's things are marked H. it was done in the Indies, never been wore; they are all new.

Prisoner. I leave it all to my counsel.

Court to Prosecutor. Had you any character with this girl when you took her? - I had a very good character, particularly with regard to her morals.

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

GUILTY, Of Stealing to the value of 22s. 6d. (Aged 16.)

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17950916-53

424. THOMAS DUFFIN was indicted for feloniously stealing, on the 21st of August , a bacon ham, of the weight of eighteen pounds, value 14s. the goods of Richard Wilson .

RICHARD WILSON sworn.

I am a dealer in hams and bacon , in Thames-street, near Paul's Wharf ; I was absent when the ham was taken.

Q. What day was you robbed? - Friday. the 21st of August.

Q. When had you the first intimation that it was missing? - Immediately as the man was brought back to me; he was brought back immediately with the ham on him.

Q. Can you identify that ham to be your's - No, I cannot; I have such a number in my warehouse.

THOMAS ROSS sworn.

I am a cooper. On Friday, the 21st of August, about five o'clock in the afternoon, I was coming past the warehouse and I see a strong man scraping of some hams, picking off the straw from the hams; I went and looked at him; coming out again I see two soldiers standing on the opposite side of the way; I looked at them very stedfastly, and I went off; just as I went off I happened to turn round and see the prisoner, one of the soldiers, go into the warehouse, and then I see him come out with a ham in his apron, and I went up St. Peter's-hill, and went after him and took him. I never lost sight of him; he dropped the ham.

Q. Who picked up the ham? - I did, I took him to the warehouse where he took it from, and put him in custody of a public officer that lived at the corner of the warehouse.

Q. Did the prisoner say any thing at the time that you took him? - I asked him what was the reason he took it? he said, he never saw it.

- sworn.

I am a constable; I was sent for to take charge of the two men with the ham; I desired Mr. Wilson to mark the ham, and I left it in their possession; it is here.

Prosecutor. I cannot identify it; I lost half a dozen that day.

Prisoner. I leave it to my counsel.

The prisoner called two witnesses to his character.

GUILTY . (Aged 35.)

One Week in Newgate .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17950916-54

455. WILLIAM JOE, otherwise JONES , was indicted for feloniously stealing, on the 31st of July , a wooden box, value 1s. four linen shirts, value 10s. four pair of cotton stockings, value 4s. two pair of boys leather shoes, value 6s. three callico shirts, value 3s. three cotton night caps, value 18d. a boy's hat, value 5s. two linen handkerchiefs, value 1s. a leather case, value 1d. and two horn combs, value 18d. the goods of Thomas Thornton .

THOMAS THORNTON sworn.

I live at Islington; I belong to the India House. On Friday, the 31st of July, I sent one of my children to school; I gave a boy in the neighbourhood, one of the witnesses, his box of linen to carry to the stage (James Hall) I desired him to meet me at Bishopsgate Church; by some mistake he went to a different part to what I directed him, and lost the box.

Q. What did it contain? - I cannot charge my recollection particularly, but childrens linen chiefly, which I marked myself the night before, about nine o'clock.

JAMES HALL sworn.

Q. How old are you? - Fourteen, the 26th of May.

Q. Do you know Mr. Thornton? - Yes.

Q. Did he give you a box to carry to Bishopsgate Church yard? - Yes. I don't know justly what time of the day, it was in the morning. While I was waiting in Bishopsgate Church-yard , at the pitching block, there came a man to me and asked me whether I was waiting for any body? I said, yes, I was waiting for a gentleman; and he stands a little while by the box, and then went and sit down a little while on a stone, and then comes to me again, and asked me if I was waiting for Mr. Thornton? I said, yes; and he said, you must come along with me just down here to our house; and he said, you have waited longer than you expected to wait, have not you? yes, I said; he lays, you must come along with me, to our house, at the foot of the bridge. Going along he asked me whether he should carry the box; I took the box and followed him some way; then going along he took the box off my head, and he said, I was going out of my way, I might go home; so I observed that Mr. Thornton was to pay me; he said, Mrs. Thornton would pay me; so I left him and the box. I thought the box was going to Mr. Thornton, so I went home.

Q. Do you know the man that took the box? - I think I should know him. I think that is him (the prisoner) but I am not quite sure.

Q. How soon after did you see him? - In two days time.

- GARNER sworn.

I am a hosier by business, and I am Collector of the toll at Moorgate; I happened to know the prisoner and his companion that was with him, by a recent matter, of one who was robbed by them in a similar manner. On Friday, the 31st of July, between eleven and twelve, as near as I can guess, I see the prisoner and another with him, coming along London Wall, by the back of Bedlam; I was standing at the corner of Fore-

street; knowing their characters, I had my eye rather watching them; this prisoner came first, waving his hand, in a perspiration as if he had been running; it directly struck me, and just behind him was his companion, who went with him every day; his companion had a box on his shoulder, the prisoner had not any thing.

Q. Are you sure they were in company together? - I am sure they were; I see them every day, half a dozen times almost. They then turned up the right hand of Bedlam, to go towards Moorfields, but they turned back again and went down London Wall. Curiosity led me to go to the corner of Coleman-street, to see which way they went, and when I came to the corner of Coleman-street, this prisoner was turning the corner, which is a green grocer's, and this prisoner seeing me, he immediately turned back, and made his companion go the back way again. In consequence of that I did not watch them any further then; seeing them go by Bedlam Wall, near Moorfields, happening to go that way, I knew where they went to; they were going through alleys to Mrs. Samuel's, in Grub-street; I takes a different course, and went through Fore-street, and went to Grub-street, and told the constable, Humphries, in Grub-street, that there were two thieves, and to go with me; he immediately took his stick and came down stairs, and I went up Grub-street with him, and I told him the alley they would come through with the property to Samuel's; we were waiting a little while, and we see the companion come empty handed to see that the place was clear, I suppose, and not finding any thing on the man that we stopped, I said to the constable, let us go through the alley and right up to the room where they live. Accordingly we went through the alley and let the other go.

Q. Did you go to the prisoner's lodgings? - We did, and found him, and a woman, his wife, in the room; and there was the property that is here, scattered about the bed, and the box with all the things turned out, and the box standing under the bed.

Q. Was that the same box that you see his companion have a few minutes before? - According to the size of it it was; but it was tied up then in a brown apron; there was no other box of the size in the room. We secured the box and looked over the things; and he said they were his. The prisoner wanted to go out of the room, and I put my back against the door, and told him no. Accordingly when he wanted to shift, the constable came forward and helped me to tie the things up. When we were coming to Guildhall he wanted to make his escape, he made a sudden jerk and away he run from the constable, but we soon catched him again.

JOHN HUMPHRIES sworn.

Q. You are constable of Cripplegate parish? - Yes. On the 31st of July. I I was called upon by Garner to go to this lodging; they were all sitting on the bed, the things were all on the bed, and the box was under the bed; I asked the prisoner whose things those were? he said they belonged to him; he began to be very rusty, said, he would be stopped by nobody but me; and so I left the things and took the prisoner to Guildhall.

ROBERT NEWMAN sworn.

These things were delivered to me at Guildhall, while Mr. Humphries secured the prisoner.

(Produced and deposed to by the prosecutor.)

FRANCES MILLARD sworn.

I live at No. 6, New-court, Ropemakers-alley, Little Moorfields; the pri

soner was a lodger of mine, he had the one pair of stairs room.

Q. Was that the room where he was taken in custody in? - Yes, it was. After he was taken before the alderman I examined the room, and found the lid of the box behind my stove; and my husband and Mr. Garner applied to find out the proprietor of these things.

Prisoner. As I was going up in my room. I met a man coming down stairs, I went up to this woman, and she asked me to have a drop of something to drink, and immediately the officer and this man came up and asked me about this box, and whether these things were mine? I said, no. I never was in that other man's company at all. They were not my lodgings.

GUILTY . (Aged 23.)

Transported for seven years .

Tried by the Second Middlesex Jury before Mr. RECORDER.

Reference Number: t17950916-55

426. HENRY DERKS was indicted for feloniously stealing, on the 8th of September , five pounds weight of raw coffee, value 5s. the goods of William Mashiter and Co.

A Second COUNT, laying it to be the property of persons unknown.(The indictment opened by Mr. Knapp and the case by Mr. Knowlys.)

AN INTERPRETER sworn.

CHRISTOPHER WILLGROVE sworn.

Q. You are a locker, under the employment of the Excise office. Were you in the warehouses of Messrs Mashiter, Johnson, Bing; and Platt, on the 8th of September last? - Yes.

Q. Is it their private warehouse? - It is a warehouse under the survey of the board of excise; I don't know whether it is their private warehouse or no.

Q. Was the prisoner at the bar employed in that warehouse on the 8th of September last? - I believe a labourer there.

Q. About what time of the day did this matter take place? - About eight o'clock in the morning.

Q. Is it the custom of the labourers to leave the warehouse at that time? - Yes, to go to breakfast. About the bottom of the stair case I detected the prisoner with some coffee in his right high breeches or trowsers pocket, I don't know which, I believe he had both on.

Q. Were any other persons going out at that time? - None but him. I observed somethings project on the right side of his breeches, which created my suspicion; I put my hand to him and found it was coffee beans. He was searched immediately in my sight; I saw it turned out of his pockets, it was raw coffee; that in the trowsers or breeches was loose, about a pound, he had got this handkerchief in his hand, and there was a clerk to Mr. Mashiter examined the handkerchief, when I found the coffee in his breeches I see it.

Q. What was found in it? - Raw coffee. It all amounted, what was found in his breeches and handkerchief together, to upwards of five pounds.

Q. Was there any other commodity in this warehouse but coffee? - I believe cocoa nuts. The casks were most of them open at the top.

Q. When you found this coffee on him did he say any thing? - He said something in a foreign language, but I did not at all understand him.

Q. Have you had that coffee in your custody ever since? - I have. It is West India coffee.

Q. Could the man speak English at all? - We desired him to, he would not.

Q. Can he speak English? - To my knowledge he cannot, I never heard him speak English.

Prisoner. The sacks were all open up stairs, and some of the bags were broke, and the coffee came out, and I was bringing it down stairs.

Witness. There were coffee beans laying very thinly all over the floor; you may pick up half a dozen in a foot square.

RICHARD GIBSON WALKER sworn.

Q. Are you clerk to Messrs. Mashiter and Co. - Yes.

Q. Do you know the prisoner at the bar? - Yes; he was employed as a labourer in our warehouses; the 8th of September was the first day he was employed; they are at Iron Gate, some of them on the wharf, and some over the wharf.

Q. Where were these warehouses from whence the coffee was taken? - Over the wharf.

Q. Was there any coffee deposited in those warehouses? - Yes, a great deal, West India coffee.

Q. I suppose your warehouses are open to any merchant that lodge goods there? - Yes.

Q. Do the warehouses belong to Messrs. Mashiter, &c? - Yes.

Q. Had this man any authority to carry away any part of the coffee? - He had not.

- HANCOCK sworn.

I was employed in these warehouses; I was called to from above stairs, and when I came down I see the prisoner and coffee in the possession of Willgrove, Willgrove had taken it.

Q. Had he been up in these warehouses where this coffee was? - I can hardly say. That morning there were sixty bags for exportation up stairs.

Q. Was there any quantity of coffee scattered on the floor? - In different parts of the floor there is coffee scattered about which falls over, and then it is swept up and put into parcels by itself, to be cleaned.

Q. I suppose that is scattered by those that come to look at the coffee? - And by the coopers likewise; it is swept up by itself, and when there is any coffee wanted to make up the weight, then it is sifted and put into the cask to make up the weight; that coffee is taken care of as well as the rest; there was nothing but coffee in the second floor, three or four hundred casks.

Q. Do you know on which floor this man worked? - The second floor.

Q. How many casks may there be there, between two and three hundred? - I don't think there were as many as that; there were sixty bags that were going for exportation that morning, when this man was ordered there to aid and assist in delivering them, and the bags were not open.

Q. But they may have holes in them? - Not them, when they are delivered, because they employ one man to few them up, and another man to deliver the goods. I spoke to him and he answered, but I did not understand him.

Q. To Walker. Does the prisoner understand English? - Not that I know of When I employed him that morning I only asked him his name. I never see him before.

Q. To Hancock. Did you observe that coffee whether it was sweepings? - It did not look like sweepings of the floor, it looked like clean coffee; I went and examined the coffee; there were several

parcels opened close by the loop holes, but that might be by other people, and not by him.

Prisoner. I went with another man in the morning at six o'clock, I went to the warehouse, the second story, to work there, and I picked the coffee up at one place and another, and this is what I spilt, I picked it up and tied it in a pocket handkerchief, and we could not understand one another, and he took me and stopped me with the coffee on me; I brought it down to give it to them, because it was spilt; I had not worked with them any time then, and he took the handkerchief away from me directly.

Not GUILTY .

Tried by a Middlesex Jury half Foreign and half English before Mr. RECORDER.

Reference Number: t17950916-56

427. EPHRAIM DANIELS was indicted for feloniously stealing, on the 7th of July , a pinch beck watch, value 7s. the goods of Robert Westbrooke .

ROBERT WESTBROOKE sworn.

Q. Where do you live? - Red Lion-street, Islington . I am a chemist .

Q. When did you lose your watch; -On the 7th of July, on a Thursday; I was not at home at the time.

REBECCA PINKSTON sworn.

Q. You are servant to Mr. Westbrooke? - Yes.

Q. He lives at Islington? - Yes. That man came with the two coalmen, and he helped them with the coals, and he delivered the sacks to the man as they were brought, in the cart.

Q. Was he in the cart? - Yes; he delivered them all but one, and he said, he must go and wash his hands; he went into the yard to wash his hands; there was nobody at home but myself, and I went to the door listening to the men counting the sacks, I told the men to be so kind as to stop, while I went to see what the man was about who was washing his hands; as soon as I returned up the passage to the man, he went into the kitchen, and the watch lay on the dresser covered over with the work bag, and I came down the passage, and I see the man come out of the kitchen, and I told him he had no business in the kitchen; his answer was, he wanted to see for something to wipe his hands. He comes and stands at the coals for a few minutes, there was a man came with some beer, I went in for some money to pay him; as soon as I came out to pay him, there was a man past by in a blue coat, and the prisoner at the bar said directly, ma'am, there is that fellow just come out of your house; says he, I would have you go and look; I went and looked round the kitchen, and the watch was gone off the dresser; I came out and charged the prisoner at the bar with it; and he said, if I thought he had got it, he would go to the White Lion and get a character directly; and he went there; I told the two coalmen to be so kind as to go after him to see what he had done with it. The men went after him, but they were not quick enough, he went in such a hurry.

Q. Did you ever recover your watch? - No.

Q. What kind of a watch was it? -A metal watch.

Q. Did you see this man come out of the kitchen? - Yes, and charged him with it.

Q. When he told you that another man had been in the house, had that other man been in the house? - No, he never was high the step of the door.

Prisoner. Ask her how long she was up at the coal-yard, up at the top of the

garden? - I never was high the coal-yard at all.

Prisoner. She came down and told me that the man was taken very ill, and he could not carry any more. - One man was ill, but I never left the men at all.

Court. How far is the place where the coals were shot, to where they went with the coals?

Prosecutor. About twenty yards from the back of the house.

WILLIAM DARWIN sworn.

I am a coal carman; I met this man in Gilispur-street. as I was going to Islington to this gentleman's house, and I asked him if he would have any thing to drink? I had been into Newgate with two casks of ale, to Mr. Stone, of Newcastle.

Q. Did you know him before? - Yes, by shoeing our master's horses; he is a farrier by trade. I did not know any thing at all of his being in the kitchen until he was accused, and the young woman desired me to go after him; I went after him and found him in a court; he pretended to go to the White Lion for a character; he did not go to the White Lion, he went down the court and me after him; and when I turned the corner of the court my fellow servant was after him, and when my fellow servant came up to him, he knocked him down.

Q. Did you take him? - Yes, and searched him, but could not find any thing on him.

Prisoner. He did not search me, a constable searched me.

BENJAMIN BRYANT sworn.

Q. You belong to the coal cart? - Yes. All that I know about this business is, that first of all I was telling up the sacks into the waggon, and the gentlewoman came out and told me to stop; I had got fourteen told up into the waggon; she asked which way my fellow servant had gone, she had missed him a good while? with that she went backwards and see him washing his hands, and she came out and had the remainder told up, and afterwards she went in again, and came out and accused the prisoner with the watch; he pulled out and orange and dropped it on the ground, and said, he had got nothing more in his pocket; and he asked her to accept of the orange; she did accept of the orange, and he ran away towards the White Lion; I pursued him first, and my fellow servant followed, and I was up first, and he knocked me down, and my fellow servant came up afterwards and said, now see if you can knock me down.

Q. Did you search him? - I put my hands down, and see no watch, nothing at all but an orange that he had in his hand.

Q. To Prosecutor. Was he searched at all? - I believe he was searched, but it was some time after this accident happened. He had been in this court some considerable time, and there are some not of respectable characters live there, and I suppose that is how the watch went.

Prisoner to Bryant. Ask him if he did not search me before I went away? - No further than my fellow servant felt about him.

Court. Was he searched before he went away from the court? - No, he was not by no soul.

Prisoner. That man, Mr. Darwin, searched me before I went away; I never went no further than to a house the back of the White Lion, and my friend was not at home, and the last witness came after me, and said, I must go back with him; I said, I will go back with you, and I struck him, but not to knock him down; they only want to clear themselves. They met me and asked me to go with them; I went with them; when

the coals were all delivered, I went down to wash my hands; they accused me afterwards with this, and I went for my friend to come forward; he was not at home; I was talking to his wife when they came up to me; I said, I would be righted, and they took me up. The next day I was before the justice, and the justice admitted me to bail, and I was at work till last Thursday twelve o'clock; I beard I was indicted, and I came and resigned myself up voluntary; and one of the evidence know that I have worked ever since.

Prosecutor. I consented it to be made a petit larceny, and he was admitted to bail, thinking he might be of some support to his family.

The prisoner called four witnesses to his character.

Q. To Darwin. Do you know much of this man? - Yes; I knew him about three years by shoeing master's horses I never knew that he bore a bad character before.

Prisoner. He knows that I work piece work. I have to make six dozen of shoes a day; I have two men to strike to me, and then have done work for the day; sometimes I have done by twelve o'clock Not GUILTY , Prisoner. I never was guilty in my life before, nor now neither.

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

Reference Number: t17950916-57

428. THOMAS PRAGNALL was indicted for feloniously breaking and entering the dwelling house of Thomas Bishop , about the hour of eleven in the forenoon, on the 25th of July ; no person being therein, and feloniously stealing, a bushel of oats, value 5s. his goods .

THOMAS BISHOP sworn.

I rent a coach house and stable, and pay twelve pounds a year for it, in Mary-le-bone . On Monday the 25th of July last, I went out about half after nine, and returned about half after eleven, I cannot say to a minutes; I left every thing safe and found, all the doors locked up; when I returned I found the party wall all cut down, and I went up stairs and the oats were gone; that door was not locked. They broke down the party wall joining their premises and mine, so that two people might get in; I went up stairs and missed my oats and sick and all, there was rather better than a bushel.

Q. Your door remained as you left it? - The room door was just the same.

Q. Did you find the oats afterwards? - No. When I missed it I went down stairs and see the oats scattered about the place, and from that I had a suspicion of this person, and the watchman took him up the next morning in the highway, with the sack upon him; he lives in the next place, he and another man rents it; I see the oats scattered out of my place, and on the wall and into their premises.

Q. Have you any other reason to suspect that he had them? - No, no other than tracking them into their place; the next morning he was going to market with the sack on him, and I gave charge of him to the watch man, as he was going to Covent-garden. They opened the sack at the watch-house, and there were several cats shaked out. The sack was one that I borrowed of this man, and when I put the oats in the sack, the oats burst out of the hole.

Q. Did he keep oats in the sack? - I don't know.

Q. Were there any oats in it till you put the oats in it? - I don't know indeed. I am sure of the sack, because when I put my oats in it, the oats bursted out of two holes, and then I put same has in the holes, and put the oats in. I took

more notice of the sack not being mine than being mine.

Mr. Alley. The prisoner keeps a horse, does not he? - He did keep a horse.

Q.Was not this place next to your place, a stable belonging to a friend of his, in which he kept his horse? - His is the same as mine, a coach house and rooms over it.

Q. But he does not live there? - No, he does not.

Q. Now be so kind as to tell us how this stable was connected with your's? - Mine is the corner place, and there is but one party wall, and that belongs to me; it is the only wall in the place.

Q. Who desired you to say that this was your party wall? On your oath answer me, sir. - The party wall belongs to the place that rent. I don't know how to answer. I don't understand what I am to say.

Q. You are to say the truth, because I will have it; and shall have it presently? - Nobody desired me to say nothing; nobody has told me to say any thing, but just to speak the truth, as I thought myself, to say what is right.

Q. You must give me a positive answer? - No person has not indeed.

Q. Then you swear that positively. Then, sir, what are you? - I get my bread by selling things about the street, garden stuff.

Q. Then you and he were old comrades? - No; he frequently used to go out a dusting. I kept his company no more than if we had a pint of beer, I always paid my share of it; I never went out with him to sell any things at all.

Q. Did you deal in oats as well as in greens? - No.

Q. Don't you buy oats and sell them again? - No, I do not.

Q. Be kind enough to give me a desoription of this party wall; how it separates the other stables from your's; whether it is built up from the bottom to the top? - Yes, it is.

Q. Don't you know that this stable of the prisoner's generally his the door left open in the day time? - I cannot say; I have seen it open, but not to say constantly.

Q. When the horse is not there, the stable is left open? - I cannot say.

Q. Pray, sir, was you ever told that there was a large sum of money in the case of a conviction for a burglary? - No, it is not that I have heard that, because they have offered me a horse and cart, and money besides, to make it up.

Q. Have you not, upon your oath, heard there is a reward of forty pounds? that would be a pretty fortune? - I have heard that. I cannot swear who told me that.

Q. Who are the other witnesses on this trial? - John Wade, the watchman.

Q. Have you any patrol, or any constable besides? - There is the sergeant of the night.

Q. Which of those was it told you about the forty pounds? - Never a one of them.

Q. Who was it told you? - I don't know indeed.

Q. How long is it since you learnt this? - I don't know indeed. I did not do it for the sake of the money.

Q. Has it been a week ago? - A long time ago.

Q. Upon your oath, which of them was it? - Neither of them. If I was to say so I must tell a lie; they never advised me, good or bad.

Q. Pray, who pays the rent of this place in which you lodge? - I pay it myself, and have been there near on two years.

Q. What kind of connection has this stable with your house? - There are the rooms over the stable, the room that I

live in is over the stable, by the lost, and the coach house is joining the stable.

Court. The wall that is broke you take as part of your premises? - Yes, I do; my landlord said that it belonged to me.

Q. What may he the value of these oats you lost? - About five shillings, as near as I can guess.

JOHN WADE sworn.

I am a watchman. On the 26th of July, at half past ten o'clock, that same night, as I was going my round, John Bishop came to me, and said he was robbed; he took me down to his place, together with the sergeant of the round, and shewed us the party wall broke, and there were oats scattered about the place. I took the prisoner into custody and the sack about half past four in the morning, and took him and the sack to the watch-house.

Q. Did you see the sack on the prisoner? - Yes. It was taken from him in my presence, at the time that he was charged in the watch-house. I could not discover any thing in the sack.

Mr. Alley. I think you seem to be half and half now? - I don't know what you mean.

Q. You have been in a public house? - I have been in a public house for a certainty.

Q. How long is it since you and the last witness were talking all this over? - I don't know.

Q. It is very odd if he should recollect it and you not recollect it? - We have been talking about nothing further than wishing to be rid of it as fast as we could.

Q. Then if the last witness has said that you and he were conversing about the evidence, he must have told a lie? - I cannot answer that.

Q. I will tell you the story over again if you like it. - It is a thing I cannot answer; it is not in my power to answer it without telling a lie. If I was to say so it would be telling a lie. I know nothing in the world of what you are talking about.

Q. Do you know what that man is indicted for? - He is indicted for stealing oats.

Q. Do you know what the nature of the charge against him is? - I am no counsel.

Q. You seem to keep your own counsel extremely strict. Do you know what this man is indicted for or not? - Yes, I know for what he is indicted, he is indicted, for oats.

Q. Upon your oath, don't you know what the charged against him is? - He was charged for breaking the wall and stealing the oats.

Q. Do you know the consequence of that charged - The consequence is just as the jury please to make it, I dare say.

Q. Upon your oath, don't you know that you are to have a reward if this man is convicted? - Upon my oath, I don't know.

Q. How long have you been a watchman? - As much as three years.

Q. Do you mean, sir, to repeat that you have been three years a watchman, and that you don't know of a reward of forty pounds on conviction for a burglary? - I don't know it; I have heard of such a thing.

Q. Who desired you to say, when you came into conrt to prosecute that man for his life, that you knew nothing of a forty pounds reward? - It is a thing I am quite ignorant of; I only give you a clear evidence, and that is all I can say to you. Upon my oath there was nobody desired me to say any thing more than I have said.

Q. Upon your oath did not you know that there was a reward at the time that this trial commenced? - The reward I paid no attention to, nor neither am I looking for any, but doing justice between man and man.

Q. How long is it since you had this conversation with the last witness? - I don't know that ever we had any conversation.

Q. Then if the last witness has said you had, has that man sworn true or false? - I think he must have sworn false, for I do not recollect I conversed with him in such a manner.

- BATES sworn.

I am lanthorn bearer to Mary le-bone watch-house. On the 16th of July the prisoner was brought in, about half past four in the morning, and the sack along with him.

Q. Was there any thing in it? - Some oats that shaked out on the table; the sack was spread on the watch-house floor, and Thomas Bishop said he could positively swear to that sack; in consequence of that I locked him up with the sack, and when I went to take him before the magistrate in Marlborough-street, about half after ten, the sack was gone; I asked the prisoner what he had done with the sack? he made no answer; I immediately told the magistrate that it must be certainly done by some of the parties that were with him in the morning. I never found it.

Q. Has it ever been found by any body? - No further than one porter told me that this was the sack that he took away from the prisoner.

Mr. Alley. You locked the prisoner and sack up; where did you put the key? I generally hang them up; we have several different places, sometimes in the parlour, and sometimes in the watch-house.

Q. Where did you put the key that morning? - I cannot tell you.

Q. You locked the sack up with the prisoner, and when you came back this wonderful sack, which contains all the magic in it, was gone? - I look upon it it was gone by his parties who came to see him; there is a hole where you can put a quart pot through.

Q. Are you always as careless as you was that morning? - I have always taken care what I have to do.

Q. What have you heard about this reward? - What reward?

Q. Who desired that it should be made a burglary? - I know nothing about it, upon my oath.

Q. Then if your two friends have said that you advised this prosecution as a burglary, they must have told what is false? - I don't know what they have said, I have said the truth.

Q. That is not an answer - If they have said that to be sure they have said what is false, but I suppose they have not said any such thing.

Q. Who heard this conversation before the magistrate? - There were many people in the office, the same as there may be in this court.

MARY WARD sworn.

I have a little horse, and I give a shilling a week for the standing of it in the prosecutor's stable; I went out about half after nine in the morning.

Q. What morning? - I cannot justly say. The wall was safe and found then.

Q. Was there any sack there with oats in it? - Yes, there was. When I came back, about half past twelve, the wall was broke, and the bricks put into the hole, and I went up stairs after I came in; and there was a little sliding along of the sack, and a little streaking of oat corns.

Q. Where did the tract lead to? - Up stairs, into the prosecutor's room.

Q. Did you trace them in a line up stairs, or did you trace them out of the the premises? - Up stairs, the sack was kept at his bedside.

Q. Then where did you trace the oats to? - No further than his room.

Mr. Alley. Have you been of this merry party at the public house? - I don't know what you mean.

Q. Have you been helping your friends to drink a pot of potter? - I have been drinking no potter.

Q. You live in the house where the oats were said to be stolen from? - I do not live there.

Q. You had access though; you had no hand in pulling down the house and taking the oats? - No, I went out with a little garden stuff.

Q. The horse does not stand above stairs, you seem to want us to understand as if the horse stood above stairs.

Prisoner. I leave it to my counsel.

JOHN WYATT sworn.

I am a green grocer, keep a horse and cart, and move goods.

Q. Do you know what occupation the prisoner at the bar pursues? - In the winter time he follows dusting, and in the summer time he goes about with a horse and cart .

Q. Do you know the place where the prisoner keeps his horse? - Yes, the place is always open where the horse is kept, and no lock on the door.

Q. Do you recollect at any time previous to the prisoner being apprehended, and when, being in company with him? - Yes, I was with him that morning about nine o'clock; I don't know the day of the month.

Q. Was it the day he was apprehended? - No, the day before I was along with him about half an hour, and left him; me and Nicholas Porter , and John Herring , going to Lloyd's cricket ground; it was ten o'clock when I left him, I went home with my horse and cart, and went down to Lloyd's cricket ground, where they were playing, and found him there.

Q. Had he been playing? - Yes, he had just given over play, when I got to him; we came up from there to the public house in Queen-street, and there we played at four corners till night.

Q. How long have you known him? -Five years, he lodged in my house a twelvemonth.

Court. You knew where the premises are where he keeps a horse and cart; they are adjoining to the premises of Bishop? - Yes.

Q. How far is that from Lloyd's cricket ground? - About three quarters of a mile, I cannot justly say, it is but a very little way, it may be walked in about ten minutes.

JOHN HERRING sworn.

I keep a car cart.

Q. Follow the same business as the prisoner? - Yes.

Q. Do you know where the prisoner at the bar keeps his horse? - Yes, he kept it in my place for five or six weeks, I rent it; the door of it is all to pieces, and no lock on it at all. I was in company with him the same day, in which the prosecutor says he stole his oats.

Q. What time of the day did you go into company with him? - About nine o'clock in the morning.

Q. Who was in company with you? - Mr. Wyatt. I believe it was much about eleven o'clock at night that we parted; he might be away about half an hour.

Q. Did the prisoner at the bar leave you in the course of the day? - No.

Q. Did you go to Lloyd's cricket ground that day - Yes, we did, much about eleven o'clock.

Q. Were you done playing when Wyatt came to you? - Yes, just done when he came.

Q. How long have you known him? -About four years; I always found him a very upright man, I have had business with him, selling him horses, and buying of him, and likewise I have lent him money, and he always paid me very honestly.

Court. What did you do from nine o'clock till eleven? - We met together in Oxford-road, when we were coming to market; there we had three or four pots others, and then Mr. Wyatt went home to put his horse and cart up.

Q. What did you do after you had done playing at cricket? - We came afterwards to Queen street, in the parish of Paddington, and played at four corners for a leg of mution and trimmings for supper.

JOHN ACTON sworn.

I keep a chandler's shop, and keep a horse and cart likewise. I live No. 10, James's-street, Manchester-square.

Q. Do you know the prisoner at the bar? - Yes, very well.

Q. Did you borrow the prisoner's horse at any time lately, and when? - I did, the morning this affair happened; I took the horse between six and seven in the morning, and returned the horse between seven and eight at night.

Q. You took him back to the stable at that time? - I did, I found the door open, and there was another horse in, belonging to Mr. Herring; it is an old torn door, with neither lock nor bolt.

Q. How long have you known the prisoner at the bar? - I dare say it may be six or seven years, he always went about the street selling greens and garden stuff, and likewise I believe in the winter time went a dusting; he is a good kind of man, I never knew any thing bad of him in my life.

The prisoner called two other witnesses to his character.

Court to Word. Was there a door to the prosecutor's stable? - Yes, there was.

Q. Is there a door to the bed room where the sack was kept? - Yes, there is a door to the bed room, the door was not locked where the corn was in.

Q. Was the stable door locked? - Yes, it was.

Not GUILTY .

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

Reference Number: t17950916-58

429. JOHN WHITEHEAD was indicted for feloniously stealing, on the 18th of July , a silver watch, value 2l. a steel chain, value 6d. a seal, value 3d. and a brass key, value 2d. the goods of James Kidman .

JAMES KIDMAN sworn.

I live at Clapham ; I lost a watch out of the shop, I left it in the shop while I went to breakfast in the back room, Saturday. the 18th of July.

Q. How long were you at breakfast? - About a quarter of an hour.

Q. How came you to charge the prisoner with taking it? - Because he stopped against the windows, and nobody else could take it but him, he was in the shop, he and I worked together.

Q. Did you ever see this watch on him? - No.

JOHN BAYLEY sworn.

I am the officer of Hackney; after the prosecutor had lost the watch, he sent down to my house; I then went and pursued after the man, and I took him in the corn field, under the hedge, near Clapton; I believe it was about five o'clock; when I went to him I asked him where the watch was? he said, what watch I said, the watch of his shopmate; I insisted on

his giving it me, and he then put his hand into his pocket and gave it me immediately, and I have kept it ever since.(Produced and deposed to.)

Prisoner. He let me have the care of the watch.

Prosecutor. It never was in his care, I am perfectly sure I never lent it him.

Q. How long had he and you worked together? - Three weeks.

Q. To Bayley. When you see him did he say he had no watch? - Yes.

Q. How came you to go to the field? - I had some suspicion by his being a same man, that he would not go to London, and so I pursued him down the field.

Prisoner. When Mr. Bayley came to me, he asked me what I was doing there? I said I went out to take the air; he said where is the watch? I said, here it is in my fob, and I gave it to him. I am perfectly innocent.

Not GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17950916-59

432. ALEXANDER TOZER and JAMES BRADSHAW was indicted for feloniously stealing, on the 5th of December , six gallons of rum, value 2l. the goods of Matthias Lucas .

MATTHIAS LUCAS sworn.

On the 12th of July last, I was coming home from the country very early in the morning, and I was surprised at finding Turnley, one of my apprentices up at that time; in Consequence of information received, I had the prisoners apprehended. The only circumstance I know relative to the rum is, that on, or about the 5th of December last, Turnley had the care of a load of rum from Porter's Key to the upper station.

Mr. Knowlys. So that for what you know, except from what this little thief has told you, the rum is as safe and sound s when you sent it away? - It is.

Court. Was Turnley admitted as King's evidence? - Yes.

Q. And there is no other witness? - There is not.

Not GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17950916-60

433. THOMAS COOKE was indicted for feloniously stealing, on the 27th of August , three pounds weight of raw coffee, value 3s. the goods of Edward Hanson , Thomas Pearson , Thomas Stoyles , William Pearson , and Daniel Gossett .

DANIEL GOSSETT sworn.

Q. What are your partner s names? -Edward Hanson, &c. The robbery I cannot prove; the prisoner worked in our warehouse; the coffee is under government locks, the officer of the excise can speak to it.

Q. Can you identify the coffee? - No, it was kept in one of our warehouses in Paul's wharf .

CHARLES CAMPBELL sworn.

I belong to the excise. On the 27th of August, when the men went to dinner, the labourer s that were at work at this warehouse, No. 16, I searched three of them, I asked if there were any more, and they said, yes, one more; I asked the name? they said it was Cooke; accordingly when Cooke came down I searched his stockings, coat, waistcoat and breeches; and while I was searching him some loose coffee sell on my arm, on which I looked up at his hat, and listed off his hat from his head, and in the crown inside, I found three pounds weight of raw coffee; it belongs

to the warehousemen till it is delivered; the bull porters.

Q. Are there about these warehouses, any coffee but what belongs to these bull porters? - To the best of my knowledge there is not. He asked me to look over it, and let him go; I said it was impossible, the thing did not rest with me, I must send for a constable, and deliver him to him.

Q. He was one of the labourers? - He was. He was taken into custody, and before my Lord Mayor, and committed.

JOSHUA HUNT sworn.

I am a constable of Castle Bavnard Ward, I produce three pounds of coffee, I got it on the 27th of August, of Mr. Campbell, who stood by the prisoner, at Mr. Gossett's warehouse.

Q. Did you see him take it from the warehouse? - No, I did not, I have kept it ever since.

Q. To Gossett. Do you know whether you had coffee under your custody, in these warehouses, 15 and 16? - A vast quantity.

Q. Had any other person any custody of coffee in these warehouses besides yourself? - None. I should inform you that the prisoner was not a servant of ours, but a cooper employed by the merchants to cooper the casks.

Prisoner. I was working for Mr. Pugh, there were seven of us in the whole, it was very warm weather, and I pulled off my hat, and in pulling my hat off my wig stuck to my hat, and I worked on till one o'clock, till dinner time; with that I clapped my hat and wig on, so as it may be now; I know I never put any coffee in, nor knew none to be there; the officer that locked us out of the warehouse, he searched me all down, at last he lifted up my hat, and there was some coffee in it, some few grains, and he said, you have some coffee there. I never put it in myself, nor know how it came there.

Q. Have you any witnesses? - No, I had none but my shopmates, and they happened to go down first, I was the last person that came down. I has worked twenty years before this for Mr. Pugh.

GUILTY . (Aged 46.)

Publickly Whipped .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17950916-61

434. BENJAMIN WORTH was indicted for feloniously stealing, on the 22d of July , eight pounds of raw coffee, value 5s. the goods of Edward Hanson , Thomas Pearson , Thomas Stoyles , William Pearson , and Daniel Gossett .

DANIEL GOSSETT sworn.

Q. This firm is well described, the same as the other? - Just the same.

Q. You know nothing of the robbery? - Nothing.

THOMAS MERRIMAN sworn.

I am a constable, Mr. Pearson gave me charge of the prisoner on the 22d of July, I believe it was Wednesday.

Q. What charge did he make against the prisoner, in his presence? - Of stealing some coffee. We went to Joiner's Hallbuildings, and there in a jacket pocket I found this coffee.

Q. Did Mr. Pearson give that to you in a warehouse? - Yes, in a jacket pocket, I emptied it out of the jacket into an handkerchief, and then took it home, and put it into a bag, and kept it sealed up.

JOHN REEVES sworn.

I am an officer belonging to his majesty's customs. On the 22d of July, Mr. Pearson employed the prisoner to work at the warehouses in Joiners Hallbuildings , as a labourer , and to assist in housing coffee from the ship; we compleated taking in our coffee about eleven o'clock in the forenoon, when the principal part of the men employed were desired to leave the warehouse. They obeyed that order, and in quitting that warehouse, being an officer of that warehouse, I and my partner examined the men; on this man, Benjamin Worth , I found in his waistcoat pocket, as near as I can recollect, about a pound; at this discovery he seemed very much alarmed, and proposed to take it out, to which I had no objection to; this was on the first floor where we were then; he went down into the cellar, and I stood at the upper door at the first floor door. I heard some coffee fall as though it fell out of his pocket; I did not hear any thing of him for some little time, and I concluded that he had made his escape; I desired the foreman of the warehouse to go down to see whether he was gone or not.

Q. What did he go down into the cellar for? - To take it down to the cellar to return it. His being quiet in the cellar, I concluded that he was gone. When the foreman came down he was not there, he had made his escape out of the loop hole door; at his coming up he told me that the prisoner was not there, and by accident be put his hand on the hogshead where the blue jacket lay, and found eight or ten pounds of coffee in that jacket. The prisoner acknowledged it was his jacket in my presence, but first of all he denied it.

Q. Did you tell him it would be better for him to confess? - No, nor any thing of the kind. The foreman went in pursuit of the prisoner; the coffee was taken our of his jacket and put into a handkerchief, and it weighed eight pounds, in the presence of Mr. Pearson, the proprietor, the constable, myself, and foreman.

Q. Were the warehouses from whence this was taken, all under the Bull porters? - Entirely.

Prisoner. The Jacket did not belong to me; I have witnesses that I came out in an old regimental red coat.

JOHN GODDARD sworn.

I am foreman to the warehouses adjoining to Joiners Hall, belonging to the bull porters. On Wednesday the 22d of July, Benjamin Worth came to work with me, about nine o'clock in the morning, and about half past eleven o'clock we finished housing the coffee, and the chief part of the men were leaving the warehouse; this man, Worth, was robbed down by the officer, in his waistcoat pocket there was some coffee, which I supposed to be about a pound; he then went down into the cellar; in about three minutes the officer desired me to go down to see where he was; I went down into the cellar, and I found the prisoner was gone; I came up and happened to put my hand on a hogshead of coffee, in which was a blue jacket, and in that was the coffee which is produced. I then went after the prisoner, and took him in Thames-street, in about five hundred yards; I went up to him and took hold of him, and desired him to come along with me down to my master's to take his money, for I told him I thought he was a man not sit to work among us; he seemed very much agitated; he did not make any resistance, but he kept walking on, and passing the Steel house coffee

house, I see master, and I backoned to him, and he came out, and we took the prisoner. I know the prisoner had a blue waistcoat on, and the only man that had a blue waistcoat on in the warehouse.

Prisoner. I am innocent of the charge that is laid against me; the jacket was not mine that the coffee was found in.

The prisoner called two witnesses to his character, one of which said he worked with him the same day in the warehouse, and he had a red jacket on.

GUILTY . (Aged 20.)

Imprisoned one Week and delivered to his Sergeant .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17950916-62

430. RICHARD ROGERS was indicted for that he, with force and arms, in the parish of Westham , on Timothy Jones , an officer of the excise, unlawfully did make an assault, and him, the said Timothy Jones , unlawfully did hinder, oppose and obstruct, in the execution of his office .

A Second COUNT, for hindering and opposing him in the exercise of his duty, without laying it to be done with force and arms.(The Indictment was opened by Mr. Knapp, and the case by Mr. Knowlys.)

TIMOTHY JONES sworn.

Q. You are an officer of the excise ? - Yes.

Q. Were you employed on the 29th of June last to supervise Mr. Wallis's brewery, West Ham? - Yes.

Q. Do you know the prisoner at the bar? - Yes.

Q. He was then in the service of Mr. Wallis? - Yes.

Q. And formerly had been an excise-man? - Yes.

Q. Will you tell us what past on the 29th of June? - I went there to survey; Mr. Gregory was there at the same time, in the brewhouse, in about ten or fifteen minutes after I had been there, Mr. Rogers came in, and finding that Mr. Wallis, his master, was then abusing me, he, Rogers, took it off his hands, and began himself to abuse me, using very illiberal language, calling me a dirty scoundrel and said that I was villainous liar, and a

dirty scoundrel, and I should be exalted, and said, you will be hanged, you dirty scoundrel, you will.

Q. How long did he continue this sort of language? - Near a quarter of an hour.

Q. Had you given him any provocation, or any ill language at all? - Not the least, I never said one single word to him; I was once in a very parlous situation, for Mr. Willis, the master, swore that I should he put into the ton of beer.

Q. Was that this day? - Yes; and Rogers said that I should be exalted as high as the vats, the vats that contain the worts, I suppose they are seven or eight feet high.

Q. After he had thrown this abuse on you, did he do any thing to you? - I went to rest my book on the usual place, against the ledge of the window, to enter my survey, he walked before me, finding where I wanted to put my book, and turned his back against it, and prevented me, and still kept abusing me for a dirty scoundrel, and I desired him to stand on one side, he refused; I then addressed myself to Mr. Wallis, and requested that Mr. Wallis would either desire him to go out of the brewhouse, or command him to be silent, that I might take my survey, but Wallis made me no reply. On this, going to rest my book on the window, I laid my hand on him, and desired him to stand on one side, to let me put my book on the window, that I might take my survey, after having repeatedly desired his master to command him to be silent.

Q. Did you put your hand on him in any degree of force or violence? - None in the least, I had my book in one hand and the pen in the other, and this survey book, open in the place where it is now.

Q. On that what did he do? - He struck me in the face, and repeated his blows several times, till Mr. Gregory pulled him off; he struck me on the eye, and cut my lip through, and other places about the face and head.

Q. This must be done with his first then I suppose? - Yes, with his fist, his fist shut, his clinched fist.

Q. How many blows do you think he might give you? - He might give me six or seven, or more.

Q. Were they violent? - Yes, as violent as ever he could with his clinched fist, at the time.

Q. What was the consequence of the blow on the eye? - It was black, and I could not appear for eight or nine days, and I was obliged to apply conserve of roses to it, and other things, and I was otherwise injured about the side of my head.

Q. Did you offer to return any blow to him? - I never returned one single blow.

Q. Had you, Mr. Jones, given him any provocation to do this? - None in the least, he had at the time before threatened to shoot me, and said that he loaded his pistols ready to shoot me.

Mr. Const. Mr. Rogers and you I believe were not on the best terms? - I considered myself on the best terms with the defendant.

Q. You had some reason to think so; had there never been any connection before between you, in which you was the unfortunate party? - On the 3d of November last he took a warrant out against me, in consequence of my coming forward to give bail for Mr. Higgins.

Q. And there was no other reason?

Court. Had you a dispute in November between you and Rogers? - Yes.

Mr. Const. You say you had some words with Waths, his master, before he came, and then when he came in he took it off his hands? - Yes.

Q. The consequence of that dispute was about a measurement or beer? -

About a charge that was made by the supervisor and myself.

Q. Was not be sent for? - I heard Wallis say to some of the men in the yard, call Rogers; I believe he came in consequence of being sent for.

Q. Then you and he quarrelled, I observed that in your manner of telling the story, you said that you put your hand against him; did you lay hold of him and pull him about, or any thing of that sort? - I did not.

Q. You did not threaten him to turn him out? - No, I did not, but I desired his master to send him out of the brew-house, or command him to be silent.

Q. I do not suppose you can deny it, if it was so, that after you had actually put him out of the room, that Wallis said, why did you turn him out? and your answer was, why it shall not be long before I turn you out? - No, I desy any man to say so, and speak the truth about me.

Q. Do you recollect for what purpose you put your hand against him in that way? - I did as I said before, I wanted to put my book on the ledge.

Q. Why did you touch him? - He stood against the middle of the window, and I had not room.

Q. That was the place particularly chosen by you? - That was the place in Mr. Wallis's house where I always rest my book.

Q. Then you have a rule never to rest it but in one particular place; and so you softly put your hand against him? - To remove him from that place.

Q. You could not appear for some days, you was so hurt; did you go on with your survey at that time? - One of the officers surveyed for me that day, and the day after.

Q. Did not you make three days survey yourself? - I do not mean that it debarred me from doing my duty, I did do it, part of it.

Q. Perhaps you might even on the very day, within an hour or two have gone to some other place to survey? - I made no survey till the following evening, six o'clock.

Q. Will you be so good as to let me look at your book (looks at it) I see the article on the 29th, "Mr. Gregory on survey, obstructed in survey." How happened this to be put between the first article and the last? - I believe you will see.

Court. Did you go on with your business that same day or not? - I did not.

Mr. Const. Was this written the same time? Did you take any further survey that day or not? - To the best of my knowledge I did not; I went to the supervisor, and then to the excise office, to the best of my knowledge.

Q. Mr. Gregory had been there before you, and taken his survey? - I cannot take on me to say whether he had or not.

Q. You are supervisor? - No, I am not supervisor.

Q. From any conversation that has passed since, you really don't know whether he had taken his survey or not? - I do not.

Q. Do you doubt whether he had or not? - I don't know, I believe he had.

Q. Then you did not measure it, and Mr. Gregory did? - I did not see Mr. Gregory take a single gauge in the house.

Q. Did you know whether Mr. Gregory before you went, had taken the survey? - Upon my oath I did not know, nor don't now know, nor ever asked to this moment.

Court. The first article is, Mr. Gregory on survey; do you ever two survey together? - Yes, Mr. Gregory was there.

Q. Then if you found another officer there on survey, did you go on with a different survey? - I go on totally different; I don't know what he did, nor he don't know what I did.

Q. Do you make a survey of the same articles as he makes a survey? - More officers than are appointed at that house, owing to the different offences discovered at that house.

Q. What I want to ask you is this, whether in point of usage, or in the line of your duty, it is the ordinary line of duty, to have two persons taking the survey; one after another? - Yes, it is the case in general throughout London, and in some houses there are three or four officers go one after another.

Q. Then though you found one officer on survey, is it the common and ordinary mode of business of the excise, for you to proceed on the business of the survey, notwihstanding another officer is there? - 1l.

Mr. Knowlys. We have heard of a warrant when Rogers took out against you? - Yes.

Q. Was not that warrant discharged when it came before the magistrate? - No, the magistrate said it was a trick warrant.

Q. Did you, or did you not tell me just now, that the magistrate discharged that warrant? - No, I was bound over in in recognizance.

Q. You say you put your hand against this man, to remove him from the window? - Yes.

JOHN GREGORY sworn.

Q. Were you an officer of the excise on the 29th of June at Mr. Wallis's? - Yes.

Q. You see Jones and Rogers? - Yes.

Q. Will you tell us what passed between Jones and Rogers on that day? -When I went into the brewhouse first, there was no person in the brewhouse; I took my gauges as usual, what was necessary to be done, and then spoke to Mr. Wallis, and told him of the irregularity .

Q. Will you tell us what passed between you and Mr. Wallis, tell us what past when Rogers came in? - Mr. Rogers said, you are a lying villain, you will be exalted as high as the vats, the board are tired of you, and you are a villain; Jones said, they have proved you one, and not an ingenious one neither; then Jones went towards the window, and put his hand towards Mr. Rogers's coat, for Rogers to go out of the way for him to write.

Q. Is it usual for you to put your book on this place to write? - It is a cleanish place, I have seen Jones do it.

Q. What did he do then? - Rogers then began to strike Jones about the face and head, he, Jone, endeavoured to screen his face as well as he could, till I came to his help, but he never struck or attempted to strike.

Q. How long did Rogers continue this beating of him? - He repeated a good many blows.

Q. How did Jones get out of his clutches? - I stepped forward and pulled Rogers off, and that ended it.

Q. How was Jones after this? - His eye was very black, and his lip was cut.

Mr. Gurney. Some days before this you had measured a gine, respecting which there was now a dispute. I believe you measured it twenty-one barrels and three firkins, did you not? - I believe I might.

Q. However the fact is this, your measurement, and the measurement of Mr. Rogers agreed? - It did.

Q. Your measure and Mr. Jones's measure did not agree, Mr. Jones made it some barrels more than you? - Mr. Cooper did I believe, it was Mr. Cooper that found the increase, and pointed it out to me.

Q. Mr. Cooper and Jones persisted in a higher measurement, and Mr. Wallis in a lower measurement; don't you know that Mr. Wallis's measurement agreed with your's? - I believe it might, I think

I have heard Mr. Rogers say what it was.

Q. What you heard Mr. Rogers say what it was, is not what I am asking you; did it not agree with your measurement? - Yes, nearly thereabouts.

Q. Did Jones make any measurement of that? - I don't know.

Court. Who is Mr. Cooper? - The supervisor.

Mr. Gurney. Was it not this dispute about the measurement, that occasioned the dispute with Jones and Rogers? - Yes, I believe it was.

Q. That was the beginning of the dispute that morning; Mr Jones and Mr. Wallis were quarrelling about this measurement? - Mr. Wallis abused Mr. Jones. Mr. Jones did not quarrel at all.

Q. Was there not some sort of quarrel between Mr. Jones and Mr. Wallis, about this gile of beer? - Mr. Wallis said that Jones was a perjured rascal, and after that Mr Wallis sent for the men in.

Q. Who did he send for, he sent for Mr. Rogers, did not he? - Yes, he did.

Q. Did he send likewise for Claridge? - Claridge came in.

Q. Did any other? - I don't remember any other.

Q. When they came then the dispute continued between Rogers and Jones? - Rogers began to abuse Mr. Jones, and said he was a perjured villain.

Q. That quarrel between Jones and Rogers likewise respected the former gile of beer, which was in dispute? - Yes.

Q. Will you first recollect a little more particularly about this dispute; did not Mr. Jones attempt to push Mr. Rogers out of the brewhouse? - No, he did not.

Q. Did he neither attempt to push or pull Mr. Rogers out of the brewhouse? -He did not.

Q. Have you always said so, Mr. Gregory? - I always said so.

Q. Did you ever say any otherwise to any body in your life? - I cannot say, I perhaps might.

Q. Try your memory a little further? - I might.

Q. What you are in the habit of giving different representations of a fact? - I was willing to say to any body that asked me about it, something short, something agreeable and pleasant; I was in a penlous situation then.

Q. To whom did you give a different representation of that fact? - I give the truth here.

Q. Where have you given a false account? - It may be some of the neighbours have asked me a question.

Q. Who are the persons to whom you have given a total different account? - I don't know indeed.

Q. As you are swearing for your bread I will ask you no more.

Mr. Knowlys. The measurement was a matter that had passed some days? - Yes.

Q. Mr. Cooper took the measurement after you? - Yes.

Q. Mr. Cooper reported that he had found an increase? - Yes.

Q. Which made Mr. Wallis very angry? - Yes.

Q. That matter is now depending in the Court of Exchequer? - Yes.

Q. So then before Rogers had began to abuse this man, Mr. Wallis was abusing him, and called him perjured villain, and then he called Rogers, and Rogers began to call him a perjured villain likewise? - Yes.

Mr. Const addressed the jury on the part of the desendant.

JAMES WALLIS sworn.

Q. You are a brewer at Westham? - Yes.

Q. On the 29th of June last, did Mr. Jones, the exciseman, come to your house? - Yes, in the morning about eight o'clock.

Q. Was there any dispute between you and him respecting the measurement of a gile of beer on a former day? - There was.

Q. Did he make the quantity of that gile larger or smaller than you made it? - He made it four barrels and a half larger.

Q. Did his measurement agree with that of the other officer Gregory? - Mr. Gregory never found so much by four barrels and a half.

Q. Did Mr. Gregory's measure agree with your's? - It did.

Q. In consequence of this dispute between you and Jones, did you send for any of your servants to confirm your statement? - I did, for Thomas Claridge, the cooper; Giles Harris , the tunman; and for Mr. Rogers, who was in the counting house; to bring his gauge book to shew Mr. Jones what he had got.

Q. Mr. Rogers had measured that gile of beer which was the subject of dispute? - Yes, he had.

Court. What was Rogers, one of your servants? - Yes.

Mr. Gurney. He was your clerk, I believe? - Yes.

Q. When Rogers came out of the counting house into the brewhouse, where you and Mr. Jones was, tell us what past between them? - I asked Mr. Rogers to look and see what he had got the gile of ale that was brewed the Friday before, to inform Mr. Jones what he had got.

Q. That was the gile of ale the subject of dispute? - Yes, it was Mr. Rogers opened his book and told him that he had got twenty one barrels three sirkins, which was the whole of the gile; in consequence Mr. Rogers said, it was a rascally charge, Mr. Jones had made a charge of four gallons and a half more. There was some alteration between Mr. Rogers and Mr. Jones in conversation, and I believe there was such as, you lie, and you lie, on some former conversation or animosity that they had had before; and Mr. Jones said, you rascal, get out of the brewhouse.

Q. Jones said that to Rogers? - Yes. In consequence they had another word or two; but I was so much agitated by the officers charge, that I did not hear particularly what past. Mr. Rogers pointed up, and said, you will remember the vats for that; relating to some former matter, and Mr. Jones shut his book and held his book in his left hand, and took hold of him with his right hand, took hold of his coat below the lappel, with the knuckle part of his hand towards his body, and pushed him to the brewhouse door, with his elbow; in consequence of his pushing him down to the door, he forced Mr. Rogers against the post that the door hung upon, and the door still was between his legs; Rogers said to him,(he had still hold of his coat) you rascal, or you villain, or something to that purpose, take your hand off me, or I will strike you.

Q. Had he, prior to that time, struck Mr. Jones? - He had not.

Q. Did he take his hands off him? -He struck him first.

Q. Did he take his hands off in consequence of that threat? - He did not.

Q. What past next? - Mr. Rogers struck Mr. Jones first.

Q. Are you quite sure that Rogers never struck Jones till he had previously pushed him to the door past, and he desired him to let him go? - Yes, I am.

Q. How often did he strike? - I believe it was two or three blows, for Gregory, who stood near, went and separated them.

Q. Where did Rogers go then? - As soon as Rogers was loose he walked away.

Q. Till Gregory intersered to part them, had Mr. Jones even let go of Rogers? - I believe he had not.

Mr. Knowlys. I believe you complained of this man having over charged you, and the magistrate dismissed the complaint I believe, in another instance besides this? - Yes.

Q. There it went against you? - Yes, it did.

Q. Mr. Rogers was the witness for you on that occasion? - Yes, he surveved.

Q. And yet Mr. Wallis was unfortunate there? - Yes.

Q. So much for that. I take it for granted you were perfectly cool on this occasion, even before Rogers appeared? - I believe I told him it was a rascally charge, and he used me very ill.

Q. For instance, did not you use such language as this, you are a perjured villain? - I did not abuse him very much, but I was rather warm, I am not accustomed to abuse Mr. Jones in my life.

Q. Pray, where was it that Mr. Jones began to push Rogers? - It was between the first and third square, he had his back towards the square; Mr. Rogers stood with his back towards a window.

Q. At which window Jones was going to finish his account? - It is the most ill convenient in the brewhouse.

Q. So Mr. Rogers likes the most ill convenient place in the brewhouse. Another thing, Rogers did not abuse Jones at all? - There was not much difference in their abuse I believe.

Q. You are sure you observed very accurately all that passed? - I believe I did, I was on the spot.

Q. I think you told us a little while ago, you was agitated, you did not hear what past between them? - I did not, I was so agitated.

Q. Yet you describe particularly all that passed. You did not interfere to take Jones from Rogers, your servant? - It was momentary, I did not.

Q. I should be glad to know how far he pushed him? - It may be about three yards, or two yards.

Q. So he laid hold of him, and was pushing him along? - He was; he had only got him by one hand, and pushed him with his elbow; he laid hold of the off side of his coat with his left hand, and his elbow just met him at his stomach.

Q. Then I take it for granted, you thought Jones was extremely wrong on this occasion? - Yes, I did so.

Q. You never thought Rogers was any way wrong in the business? - Yes, in striking him. It is what I did not give any countenance to.

Q. So Jones was active in pushing this man about, and when Rogers struck him he struck him again? - No, he did not.

Q. He took all very quietly? - Yes.

Q. Perhaps just sheltered his head? - No, I don't know that he did; he had hold of his collar at the time that he struck him.

Q. Had Rogers hold of Jones's collar? - Yes, under the lappel.

Q. So he was laying hold of the coat just under the lappel, and he had the elbow of the same arm in the stomach? - Yes, I believe he had.

Q. That was exactly the position in which they were? - Yes, it was.

Q. How long was Rogers striking him before he was taken off? - Not a minute hardly; he gave him two or three blows.

Q. He did not give him a black eye? It was not a black eye the moment that Rogers was taken off him? - I did not see him. The next day I see he had a black eye. I had no opportunity of seeing him then. Jones walked out directly and left the premises.

Q. I suppose you did not part with Jones on this occasion? - I did, because

I'disapproved of his conduct in striking him.

Q. Perhaps you turned Rogers away the next day? - Yes, I did.

Q. He is, however, in your service, is he not? - He is not, nor has been from that time.

Q. How lately is it since he was a witness for you? - It was when we were at Guildford, about a week ago.

Q. Perhaps he is a witness for you in the Court of Exchequer? - I really don't know.

Q. There are a good many informations against you in the Exchequer? - There was one about six or seven months ago.

Q. Don't you know there are informations against you to the amount of six or seven thousand pounds? - I do not.

Q. Did not you offer to compromise if there was any? - I did offer to settle it for a certain sum if there was any thing.

Mr. Gurney. I believe you would offer to compromise any thing, rather than have a law suit in the Court of Exchequer? - I certainly would.

THOMAS CALRIDGE sworn.

Q. You are a cooper, I believe, to Mr. Wallis? - Yes.

Q. Do you remember being present, the 29th of June, at any dispute about the difference of measurement of beer at Mr. Wallis's brewhouse? - Yes.

Q. Were you there before Rogers came in? - Yes, I was.

Q. There was a difference in dispute, and Rogers compared his account with Mr. Jones's? - Yes.

Q. Tell me all that passed from the first of his coming in? - Mr. Wallis asked Mr. Rogers what he had got in his book? and he said, twenty-one barrels and three firkins.

Q. That was the measure that had been before taken by the other officer? - Yes.

Q. What answer did Mr. Jones make to that? - Mr. Jones did not make any answer. Mr. Wallis asked Mr. Jones where he had taken his account from, as he said there was no such quantity there; and he objected going, said, he had no business to go. He did not go, and then we sent for the tunman our of the yard, to correspond, for to ask him what he had got; and he said, no more than twenty-one barrels and three firkins. Then some conversation took place between Jones and the tunman; then Mr. Wallis sent by the tunman, for Mr. Rogers; and he brought up his book, and he said there were twenty-one barrels and three firkins, they all agreed; Mr. Rogers said, it is a rascally charge, there is no such thing on the premises; and Mr. Rogers said to Mr. Jones, you remember the vats, Jones. There was a summons to Guildford concerning the vats, what they held.

Q. There was no mistaking it for any thing else; you understood it so? - I did. With that Mr. Jones took hold of Mr. Rogers's coat; Rogers stood at that time against the window.

Q. Now, what did Jones do after that conversation? - He made up to Rogers, and took hold of his coat and shoved him out of doors.

Q. Did Mr. Jones say any thing at the time? - Not any thing. While he had hold of his coat he said, you rascal, get out of the brewhouse.

Q. At this time had Rogers struck or attempted to strike, or gone towards him in an attitude as if he meant to strike him? - He did not.

Q. You see it the same instant as Mr. Wallis did? - I did. And Mr. Rogers made a reply, if you don't take your hand off, Mr. Jones, I will strike you.

Q. Was this said loud enough for every body to hear that was present? - Yes.

Q. Gregory was present, then he must have heard it? - Yes, certainly.

Q. Did he repeat it once or more than once? - I think twice, to the best of my knowledge.

Q. And that before he did strike him at all? - Yes.

Q. Having so said, did he take his hands off? - No, he did not.

Q. Rogers afterwards struck him? -He did.

Q. Can you take on yourself to say whether during the time he struck him he still continued to hold him? - He did.

Q. Do you know where he continued holding of him? - Just by lappel of his coat under his collar.

Q. I believe he struck him twice, that is a fact? - Yes, he did, twice or three times, I cannot say.

Q. Gregory, we are told, intersered, and he parted them? - He did.

Q. Till Gregory interfered he still had hold of Mr. Rogers? - He had.

Q. Mr. Rogers went away? - He did.

Q. And Mr. Jones went away? - Immediately.

Q. I don't know whether you see Jones afterwards have a black eye? - Yes, the next day he had. I did not see him that day.

Mr. Knowlys. I take it for granted that you and your uncle, Mr. Wallis, are on very excellent terms with Mr. Jones? - I have no occasion to be against Mr. Jones.

Q. Are not you quarrelling with him, almost every day? - No, I do not speak a word to him, no further than he comes in and says, good morning, and I says the same.

Q. Your uncle was extremely cool to him on this occasion? - He did talk to him concerning that gile of beer.

Q. He talked to him as mildly as you and I talk together? - Really I do not recollect the circumstance.

Q. Do you recollect one part of the story and not the other? You do not recollect whether your uncle was in a passion with Jones or not? - He might be. He asked him where he found that quantity.

Q. On your oath? - I cannot say on my oath. He did not seem in a passion when I was there.

Q. What do you mean by saying he might be? - He might have been before that.

Q. I ask you what past when you was there? You know I know you. You have been before Mr. Bofauquet and other magistrates. Was not your uncle in a passion with Jones when you was there? - He was not when I was there.

Q. How came you to say that he might have been in a passion? - I thought he might have been, concerning the beer, before that, but he was not at the time I was there.

Q. Then perhaps your uncle was not in a passion, nor took any part in the transaction? - Yes, he might be.

Q. Mind I speak at this very time. Was not your uncle very much agitated? - Yes, I dare say he was.

Q. Don't you know he was? - I cannot tell that.

Q. You cannot tell that? - No, I cannot tell that; I did not hear him say any thing to Jones.

Q. How near were you to your uncle? - About two yards from him.

Q. Not so far from them as you are from me. On your oath, did not he call him a perjured villain? - Not to my knowledge.

Q. Recollect yourself. On your oath, did not he call him a perjured villain or a rascal? - Not to my knowledge he did not; I did not hear any such a word while I was present.

Q. Any word of abuse? - Not while I was present.

Q. That is as true as any thing that you have told us? - It is.

Q. Now, pray, what was Jones doing when Rogers was standing with his back against the window? - He had been to tell the casks.

Q. How came Jones to move up to where Rogers stood? - On account of Mr. Rogers speaking to him in that manner, telling him it was a rascally charge, and he might remember the vats.

Q. Then he never made any attempt to minute down any thing? - Yes, he did after the fray was over.

Q. Then Jones stood after this affray was over to minute down his observations? - Yes, he did.

Q. How far did Jones push Rogers? - Two or three yards.

Q. In what manner? - He pushed him by his stomach against the door.

Q. Did you see Rogers strike him? - Yes.

Q. He struck very gently, I suppose? - I do not suppose he struck very gently.

Q. Did he strike him violently or not? - I cannot really say.

Q. You see it? - Yes, I see it. He did not appear to strike hard.

Q. Did you see where he struck him? - Yes, under his eve.

Q. Not hard? - It was not very hard to my appearance.

Q. How long did Jones carry the mark of it? - I see it the next day afterwards, and the day after that.

Q. Jones came to your house every day for a long time afterwards? - He did.

Q. Did you see him the next day following? - I cannot say.

Q. Mr. Rogers had been a very good servant? - He was for any thing that I know.

Q. He had been your uncle's surveying officer before he was dismissed? - He had surveyed for him.

Q. I believe he was turned away the next day by your uncle? - Yes, he was.

Q. Did you remoustrate this with your uncle, that Jones was wrong in the beginning? - I did not.

Q. Upon your oath, do not you think Jones was wrong in the beginning? - He might be in the wrong.

Q. He might be in the right, might not he? So you really formed no opinion in it at all, whether he was right or wrong. Your mind perhaps was passive on the occasion. I take it for granted you are perfectly indifferent about this defence, whether Rogers is convicted or whether he is acquitted, you don't care a pin about it? Where is the difficulty in telling us whether you care about the event of the prosecution? - It is nothing concerning me; it does not make any difference to me at all.

Q. Then you are quite indifferent about it? - It cannot make any difference to me. I would wish to say right on both sides.

Q. You never, for instance, desired people to come forward to be a witness on this occasion? - No.

Q. Take care of that now. Have not you applied to people to be witnesses on this occasion? - No, I did not, on my oath.

Q. Have you never applied to Harris to be a witness on this occasion? - Yes; Mr. Wallis desired me to step up to him, and desire him to step down.

Mr. Const. This thing will not affect you, let it go which way it will? - No, it will not.

Q. My friend seems to understand something about your uncle's conversation. You was not present at the conversation between Wallis and Jones? - No, I was not.

Q. Nothing passed between Wallis and Jones while you stopped? - No, there was not.

Q. Are you sure the minute was made after the fray? - Yes, I see him make it.

Q. You told my friend that you see him there the next day and day after, and every day in the course of his business? - To the best of my recollection he came every day.

MARY GILLMAN sworn.

Q. You live servant to Mr. Wallis, at Westham? - Yes.

Q. Do you recollect seeing Mr. Jones, the officer, there on the 29th of June last? - Yes, in the morning.

Q. What time did you first see him? - I see him going out of the yard, he was not out of the yard.

Q. That was when he was leaving the premises? - Yes, but he was not off the premises.

Q. Who was present at the time that you see him? - My mistress was with me.

Q. Who else? - Nobody else.

Q. Was any body else within hearing? - No, I did not see any body else. I was looking out of the room window in the yard.

Q. Then you could not see who was in the brewhouse? - No, I don't know who was in the brewhouse.

Q. Did you hear Mr. Jones say any thing about your master? - I heard my master say to Mr. Jones, why did you turn Mr. Rogers out of the brewhouse.

Q. Why would you, or why did you? - Why did you. Mr. Jones turned about and said, and I will turn you out, sir, before I have done with you. He said that to my master. That was all I heard.

Mr. Knowlys. How long had Rogers lived with your master? - About three months. I am not certain; some where thereabouts.

Q. He was turned away the next morning? - He was.

Q. You live with him still? - I live with Mr. Wallis now.

Q. When did this happen? - The 29th of June, in the morning.

Q. You put it down? - I did not put it down; but my mistress bid me take notice what day of the month it was.

Q. Did your master ever speak to you on the subject? - My master asked me if I heard what was repeated? I said, yes, I did.

Q. It was before you was summoned at Guildford? - I don't know about that.

Q. Did they tell you to put down the words? - They did not; but she bid me to keep them in my memory.

Q. She said then that you would be called upon, perhaps, to recollect them? - She said, in case I should be called upon.

Q. Did your mistress hear what past in the brewhouse? - No, she was up stairs in her own room, looking out of window along with me.

HENRY CHALLEN sworn.

Q. I believe you are sexton of Westham parish? - I am.

Q. Do you know Gregory that is here to day as a witness? - I do.

Q. Have you had any conversation with him on the subject of the quarrel between Mr. Rogers and Mr. Jones? - Yes; and before that we have had conversation together.

Q. Tell us what account he gave you of this transaction at Mr. Wallis's, on the latter end of June, or the beginning of July? - He told me that Mr. Rogers and Mr. Jones had a kind of dispute, in the brewhouse, about something or other, and that Mr. Jones used, Mr. Rogers very ill, by pushing him out of the brewhouse. Mr. Rogers was sent for about an overcharge of four barrels and a half of beer, that Mr. Jones had made.

Q. Did he tell you this unasked, or was any body about with whom he might be alarmed or afraid? - It was voluntary. And many times he has told me that he

has not liked to be in that situation under Mr. Jones.

Mr. Knowlys replied on the part of the prosecution.

GUILTY .

Four months in the House of Correction .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17950916-63

431. THOMAS HAZLE and HENRY HALE were indicted for burglariously breaking and entering the dwelling house of William Hodson , about the hour of two in the night, on the 7th of July , and burglariously stealing therein, five linen table cloths, value 1l. eight yards of cotton cloth, value 19s. two check frocks, value 2s. a pair of mens leather shoes, value 5s. a pair of silk stockings, value 12d. four linen handkerchiefs, value 4s. two silver table spoons, value 25s. two silver tea spoons, value 7s. fourteen pounds weight of loaf sugar, value 10s. and four pounds weight of tea, value 12s. the goods of the said William Hodson .

WILLIAM HODSON sworn.

Q. Where do you live? - I keep the Guildford Arms, in Guildford-street , that is by the new buildings, by the Foundling Hospital.

Q. What morning was it you discovered any thing amiss to your house? - Tuesday morning, the 7th of July.

Q. The night before, who was the last up in your house? - I was.

Q. That was on the 6th? - Yes; nearly on the stroke of twelve, as near as possible when I went to bed.

Q. Before you went to bed in what state of security did you leave your house? - The street door bolted with two bolts, and the bar door was locked.

Q. Did the bar door open within or without? - It opens within.

Q. Then it is within the house? - Yes, within the house; within the lobby.

Q. Did you bolt the street door yourself? - I did.

Q. And the bar door, how was that fastened? - That was bolted, a catch first and then a catch that pushes further.

Q. Were your windows all left secure? - I will not say they were. I went round the coffee room, and they appeared as usual; but I will not take my oath that they were all fastened with the cheek bolts; they are slide up shutters. There are only two rooms on the floor, the bar and the coffee room.

Q. Can you undertake to say whether the shutters of the coffee room windows were fastened or not? - I cannot; the shutters were up, but whether they were fastened or not, I cannot say; one shutter draws up half way, and then another draws up over that, up to the top; the pin was in the middle between the shutters, but whether the side bolts and catch was in I cannot say; I am sure the pin was in, because I had made a particular piece of work with my servant for losing the iron pin, and I made use of a wooden pin; the wood served the same as another pin provided the cheek bolts had been in. The sashes were down.

Q. Did you hear any disturbance in the course of the night? - Not till my servant came up to me about half after five, and told me the house was broke open, Stephen Blake , he is here. I got up and found my bar broke open; there are two bars in the house; the tap room is below stairs.

Q. You mean that bar was broke open that you spoke of as being locked? - Yes; that I locked with my own hands.

Q. Describe how it appeared to be broke open. - There are two screws that screws the cap on, that goes on in one side of the door post, and the two screws were wrenched off, and the cap down. The street door stood half open on a sort of jar.

Q. Did it appear that any violence had been done to that door? - None. That was opened inside apparently, and the other door that opens in the passage, after you enter through the street door, that was put back, and tied back by a knot in the string; I had left it put to over night, but not bolted. My windows were put down the same as I could see as I left them the over night, but I see the mark of a foot step from the area gate, which comes across the cellar flap on to a bearing iron.

Q. Was that area gate locked? - It was locked, but it was apparently wrenched open, room enough to push it away. the cap of the area gate was pushed on one side, it was put to as when I left it, but the cap was pushed on one side; where they let down the beer there is a large cellar flap within the area; then the foot step was from that across about a foot, it was wet; then they went from that across to the other area again; I have two fronts, it is a corner house, there is an iron rester between the two areas, and they got on that to get into the coffee room window, there was the mark of dirt and wet on that rester; I observed there was a mark on the first window in the coffee room, apparently the mark of a shoe; inside I could see no mark of any foot, only on the sill. I found the windows and shutters apparently as I left them the over night, fastened with a skewer. Then I went below in the tap room; the bar of the tap room that my man keeps was in the same predicament as my bar was above stairs.

Q. The bar room door below, how did you find that? - I found it with the cap off and the two screws out, the same as my own bar up stairs.

Q. Did you see any other violence about the house? - Nothing more.

Q. What did you miss at that time? - A great many things; rum and brandy, and wine, and table linen, and tea spoons.

Q. In the first place, where was your rum and brandy that you missed, the over night? - Standing in my bar.

Q. What quantity did you miss? - I cannot particularly tell, because there was large cags of rum and brandy, as well as what we keep in bottles; there was some wine gone, and some peppermint.

Q. You put none of these things in the indictment I observe? - I could not swear to it.

Q. Did you lose any tea and sugar? - That was in a loaf, standing in the bar, and two pounds of moist with it; the tea was in three different cannisters, and in a paper besides I believe.

Q. Now, as to the table cloths? - They were missing all out of the bar. The cotton was in the bar, eight yards.

Q. Where were the childrens frocks? - I do not particularly know that, there were some in making, and some for patterns that they were cutting out by.

Q. What do you know about any shoes? - I don't know a great deal about them, they were in the bottom bar; my man I believe does.

Q. Did you lose any silk stockings? - Yes, one pair; they were out of the bar.

Q. Any handkerchiefs? - Yes, from the same place, out of the drawers in the bar.

Q. How many handkerchiefs do you think? - I don't know the number. Two table spoons, all in the bar, and the beaufet in the bar; three tea spoons.

Q. What weight might the loaf of sugar be? - I believe sixteen or seventeen

pounds, I am not particular to the weight of it. There was above four pounds of tea in different caddies, and some from the grocers.

Q. Did you find any thing in the house belonging to any person supposed to be there? - No, I found nothing, no otherwise than they had got the rummers down and appeared to have been drinking wine; there was wine left in the rummers.

Q. Had you left any light burning in the house? - None, but what I burn all night myself.

Q. Had they taken any thing else? - The money out of the till, but nothing but halfpence and farthings; the lid was lifted up when I found it in the morning, the bolt was not shut in.

Q. Did you see afterwards any part of your property that you could speak to? - I see them all again at the magistrates, the next morning; I see articles that I could swear to.

Q. Among the things did you see your spoons? - No, nor the new linen.

Q. You see your stocking? - Yes; them I could swear to.

Mr. Alley. What is your christian name? - William.

Q. Do you keep this house entirely yourself? - I do, I have no partner.

Q. You have some lodgers in your house? - I have four; I believe there were four then.

Q. I believe at six o'clock in the morning you received an account that the house had been broke open, by one of your lodgers? - No, at half after five, when my servant came up to me in the morning.

STEPHEN BLAKE sworn.

Q. You are servant to Mr. Hodgson. Did you live with him on the 6th of July last? - I did.

Q. Did you sleep in the house that night? - Yes.

Q. Who went to bed first you or Mr. Hodson? - I; I went to bed about a quarter past twelve. I locked my apartment up; the tap room and the bar below.

Q. What did you do with the key? - Carried it to bed along with me.

Q. Did you secure any other part of the house? - No, only the lower part.

Q. You fastened the windows of the lower part? - Yes.

Q. Do you know any thing of the state in which the windows of the coffee room were left before you went? - No.

Q. Did you hear any disturbance in the course of the night? - No, I did not hear any noise at all.

Q. How near is any watchman to your house? - About two hundred yards.

Q. What time did you get up in the morning? - Five o'clock; I was the first up in the house. I found the tap room door open, and I found the bar broke open.

Q. Do you sleep below stairs or above? - Below stairs, on the ground floor, in a little parlour, facing the tap room.

Q. How far from the lower bar? -About three or four yards. I found the bar door broke open, and the staple broke off of the lock, and the tap room door open.

Q. How had you left it at night? -Shut it to; there is no lock to it, only a latch.

Q. Did you miss any thing out of your bar? - Yes; a new pair of shoes wrapped up in brown paper; they had taken the shoes and left the paper.

Q. How long had these shoes been left there? - Only one night, by a brother of mine, who made them for one Mr. Briggs; he was to call for them.

Q. Mr. Briggs, where did he live? - In Somers Town.

Q. Did you miss any thing else from that bar? - No. I went up stairs and found the bar door broke open just the same as mine was.

Q. Then you went up stairs and called your master? - Yes.

Q. Do you know what was missing from that bar of your own knowledge? - Not any thing particular. I found all the drawers pulled out, and the cupboard door broke open.

Q. Did you ever afterwards see any thing that you knew to be the property of Mr. Hodson? - No, only I can swear to the shoes; I have not seen them yet.

Q. That was all you missed from the lower bar. Were there any drawers in the lower bar? - No, nothing of the sort.

Mr. Alley. You say you did not know any thing of this till five o'clock in the morning, when you see the place broke open, this was the 7th of July? - Yes.

Q. It was day light a considerable time before that? - Yes.

THOMAS UNDERWOOD sworn.

I am a watchman; I live at Somers Town.

Q. What is your round? - Southampton-place, between Islington and Paddington, near Tottenham court-road.

Q. Do you remember the morning of the 7th of July? - Yes; I was going round my beat half past three o'clock in morning, I was going round the back side of the row of houses in Southampton-place, when I came to the lower corner of Southampton-place, turning out to go into the turnpike road again, I saw Henry Hale , and Hazle, and another man, and thinks I to myself, here are three men that broke open the house in Gower-street, a little time before. These two prisoners had two bundles, each of them a bundle.

Q. Which way were they coming? - Out of the Turnpike road, that leads from Paddington to Islington, into a brick field belonging to one Mr. Haycroft.

Q. There is a road through the field? - No, there is not where they were going.

Q. How near did they pass you? - Their clothes touched me. I said to them good morning to you, gentlemen, and the words they said to me were, good morning to you watchman; and the words they said to one another were, that watchman has got some suspicion of us, then says the other we had better go across the fields; I cannot say which of them it was.

Q. How near were you to them when you heard them say so? - I was not four yards from them.

Q. Where were they when they said that? - Just at the back side of Southampton place; they came into the fields to go to the south side of Southampton-place; then the other says, we will go our way into a turnpike road again, and then he will not have so much suspicion as he has got.

Q. Was this before you had wished them a good morning? - Just afterwards. Then I made the best of my way to the front of my houses along side of the road; and then thinks I to myself, they were a parcel of bad fellows, and I went on a reservoir which the new river company are making there just at the back side of the King's Head, at the corner of Tottenham Court-road, and I see the prisoners looking about them, all three of them; then I see them go into Charles-street, near Tottenham Court-road; they were about four hundred yards from me when they went into Charles-street, and then I thought if there was another watchman in Charles-street, which I used to find there, I thought we might take all these three fellows there.

Q. Did you find any watchman in Charles-street? - No; I went and called one Croker up; I found him at home; he is one of the patrols belonging to Bow-street; I went to him, No. 4, Tottenham-court road; I called him up; and the words he said to me were, what is the matter, Underwood?

Q. You told him your suspicions? - Yes; and he went with me; we went out of the New-road into Fitzroy-square, and the first watchman I met I asked if he had seen three men with two bundles.

Q. Did you ever see the three men again? - Yes, I see them again between Windmill-street and Percy-street, in Tottenham-court-road.

Q. Who was the watchman that you enquired of in the square? - I cannot say; he is the watchman now in the square.

Q. Where did you go from Fitzroy-square? - All the way down John-street into Windmill-street; then went out of Windmill-street into Tottenham court-road, down as far as Percy-street, and I turned myself round and see these two prisoners at the bar coming down Tottenham-court-road.

Q. Was Croker with you or not? - Yes.

Q. Was the other man with them or not? - No, he was not. And the words I said to Croker were, here are a couple of them coming. I went up towards them to meet them, and as soon as Henry Hale see me coming within the reach of the bundle he said, d-n your eyes, take that; he threw the bundle at me, and away he ran; Croker picked up the two bundles; then I ran as far as Windmill-street after Hale, and I ran into John-street, and in John-street Hale pulled this frock out of his bosom and said, d-n you, then take that too; I picked it up, and I followed him as far as Colvil-court.

Q. Did they both run the same way up Tottenham-court-road? - Yes, till they came to Store-street and Windmill-street, then Hazle turned up Store street, and the other, Hale, up Windmill-street. I followed him as far as Colvil-court, and into John-street, till I was almost out of breath, and I see two watchmen that stood at the bottom, and I begged them to stop this Hale; I cried out stop thief! and they never offered to put their hands to him, and they let him go; then in about ten minutes or a quarter of an hour Hale was brought backup to me, at the Sun, by one Turner (he is here) the corner of Windmill-street; then after we had Hale to the watch-house, then we went to a place where we thought they came across the fields, into a field belonging to Squire Mortimer. I never see him go across the field, nor never see him in the fields but that was the strait road for him to come to Southampton-place.

Q. From where? - You may come across from the Duke of Boulton's, and several other places. It is the way I thought they came. When we came there we went to see the ballast there, what they put on the turnpike-road, and I see it as if scattered about fresh; then I searched out, with a stick that I carry with me every night, and I searched out some tea and sugar, tied up in an handkerchief, and we searched about a little bit longer, and we found another bundle of linen, and table cloths, stockings, and a child's frock, in the next heap to it. Then after that I had intelligence that Hazle was taken down to St. Giles's watch house.

Q. Croker was with you at this time? - Yes, he was.

Q. Did you see any thing more of Hazle at that time? - No, I see him pass up Store-street.

Q. To what watch-house did you take Hale? - To Pancras watch-house.

Q. What was it that led you to go search this field of Mortimer's? - I thought these men had come across that field, because as I heard two men at watch in Store street say that they see two or three men in the field.

Q. How near is this field to any place where you see the prisoners? - It is just along side, it is but just a road that parts the field from my row of houses.

Q. Have you any reason for knowing whether the prisoners had been in this field or not? - I had reason enough, because from the corner of my beat I had seen nobody in the road. I never see them in Mortimer's field.

Q. How near was Mortimer's fields to any place where you had seen them? - Not thirty yards from my place, Southampton place; they came out of the road into my field.

Q. When you did see them, were they coming as from that road? - Yes.

Q. How near did you ever see them to Mortimer's field? - It was about fifty yards from it, where they met me in the field. When I was up at the end of my place I could not hear or see any body in the road, and when I came out of my place again I see them.

Jury. Mortimer's field is the front of Southampton place? - Yes, it is.

Q. What did you do with the things you found in Mortimer's field? - Croker has them. I picked up this frock.

Mr. Alley. You are a watchman, sir, you seem at your ease here? - Not at all.

Q. Have you been here before? - Yes.

Q. Whereabouts is your watch-house? - Pancras watch-house, is about a quarter of a mile from Southampton-place.

Q. How near is the next watchman belonging to the watch-house to which you belong? - In Charles-street.

Q. Don't you generally carry a rattl with you? - Yes.

Q. Had you a rattle with you on this occasion? - I had; I never sprung my rattle till I got into Tottenham-court-road.

Q. Then when the men were gone away you sprung your rattle? - No, he was not gone away; he was in my sight when I sprung the rattle.

Q. Is not this field immediately adjoining that road? - No, near about forty yards from where the common sewer goes across.

Q. Could you not see them cross the field if they had come across that field? - No, I could not; it was a foggy morning.

Q. At what distance were they when you accosted them, and they accosted you? - They came along side of me.

Q. Do you mean to swear that these men, having these bundles with them, were so incautious as to say that you had a suspicion of them? - Yes, they did.

Q. Then after that you also swear that they mentioned the road they were going saying we will go across the field into the turnpike road? - Yes, but they said something before that, that was part of what they said.

Q. Whereabouts is this reservoir where you went to reconnoitre? - At the back side of the King's Head, at Mr. Francis's cow yard.

Q. Whereabouts did you see them? - In the turnpike road.

Q. At what distance when you got on this reservoir was it to the place where you saw the prisoners at the bar? - They were going into Charles-street, not ten yards from the reservoir, just across the turnpike road.

Q. You mean to say that before they were ten yards out of your sight, you thought it necessary for to get on a

place of this kind on purpose to see them, do you mean to swear that too? - Yes, I had.

Q. You have told us that this was a very foggy morning, I think it would not assist you much to get on the top of a reservoir on a foggy morning? - You know it sometimes comes over, and then it casts away again.

Q. How long did you stay on this reservoir? - About five or six, or seven minutes.

Q. When you left this reservoir, you went from there to Mr. Croker? - I did.

Q. As you were going to Mr. Croker, you stopped to speak to somebody in the road? - No, I did not. till I came to Fitzroy-square, after I called Mr. Croker up.

Q. If you could see them on the reservoir, they could see you on the reservoir? - They might if they had looked back, I don't doubt.

Q. Consequently they must have known that you got there only for the purpose of watching their movements? - I don't know what their thoughts were.

Q. How long was it before you returned with Mr. Croker? what distance of time? - When I see them again it was about a quarter of an hour.

Q. How long was it from the time that you got off this reservoir, to the time that you see Croker? - About five minutes, I cannot say to a few minutes, it was not more than ten minutes.

Q. How long was it from the time that you see Croker, to the time that you returned to this place, and see Hale and Hazle? - Not a quarter of an hour after, I see Croker.

Q. Whereabouts was it you first see these men after you returned with Croker? - I went towards Percy street, and I see these two men coming down Tottenham Court road, towards me.

Q. I take it of course they must see you? - Yes, when I came pretty handy to them.

Q. What distance is Percy-street from this reservoir? - About a quarter of a mile.

Q. Can you tell me what reward there is on this occasion? - I never had nothing in my life.

Q. Can you guess what reward there is on conviction of a burglary - What can I guess when I don't know any thing at all about a reward?

Q. On your oath you don't know nothing about a reward? - I do not upon my oath.

Q. How long was it since you was at Great Marlborough-street? - The 7th of July.

Q. Who was the sitting magistrate on that day? - I cannot say who it was.

Q. Was Mr. Conant the sitting magistrate? - I believe he was.

Q. Now upon your oath before Mr. Conant, had you not a squable about the division of the reward, even before this man was committed for trial? - I never heard it at all.

Q. You had no squable with any other persons? - I had not; I was bound over with a forty pounds appearance, that is all I know about money.

HENRY CROKER sworn.

I am one of the conductors of the patrole belonging to Bow-street

Q. Where do you live? - At Tottenham court, in Hampstead-road.

Q. Do you remember the 7th of July? - Yes, between three and four in the morning Underwood called me up, he told me he had seen three men together, of whom he had suspicion; I dare say it was not three minutes before I came out to him; I got up and dressed myself, and put my cutlass under my coat, and came out directly, I dare say I was not four

minutes dressing myself; he told me that they had crossed the field across the Hampstead-road, and into Charles-street, I knew the direction of the place very well; we ran up the new road, towards Paddington, then crossed Fitzroy-square, into Russell-place, and down Charles street; I believe that Underwood ran into another street, but in our pursuit we had not overtaken these fellows, we ran very fast indeed, we had given it up almost, we had got as far as Percy-street in Tottenham Court-road, through different streets below Percy-street, towards St. Giles's, and we thought we had passed them, and we turned back, and Underwood turned round and said, master, here they are, he knew them, I had not seen them before that moment; he said, here are two of them coming, I see the two, and I told him to make on towards them, and I kept in a line; he walks pretty smart to them, as soon as he got pretty near them, they each of them ran.

Q. Were you near enough before they ran, to take notice of their persons? - In regard to their clothes I was, more particular with regard to Hale than I am of Hazle; they ran from Percy street towards Windmill-street and Store-street; just as they ran, being apprehensive who we was, I drew my cutlass; each of them dropped a bundle from under their arm, they dropped them between Percy-street and Windmill-street, and this bottle of spirits was dropped on the stones, and did not break.

Q. Do you know who dropped it? - I do not.

Q. What became of these things that were so dropped? - I picked them all up as quick as I could; and the public house was open at the corner of Windmill-street, the sign of the Sun; I got these things into the public house, and put them into a seat, and then pursued down Store-street.

Q. Did you examine the bundles? - No, I had not time, it was momentary; I pursued then after that prisoner, Hazle, down Store-street; Underwood pursued Hale up Windmill-street; when I got down Store-street, some of the people told me that he was got off, and I returned towards the Sun.

Q. You did not see him in Store-street? - I did not; I see him take that way; I was returning to the corner of Store-street, I looked up, and there I see Hale in the possession of a couple of watchmen, towards the Sun, in the road, coming up.

Q. Are those two watchmen here? - Yes. I then ran towards Hale, and the watchman that had got him in possession, and I came with them to the public house, the Sun, and there I searched them.

Q. Then you have had them bundles in your possession ever since? - I have, except leaving them over the way while I have been waiting here.

Q. How long were you absent from the Sun, before you returned to them again? - About three or four minutes. The watchmen then took Hale to the watch-house, then Underwood expressed, to me something of suspicion, that seeing them coming across the fields where his beat was, where were some gravel pits; in consequence of which I went with him to this field; they call it Squire Mortimer's fields, it adjoins Upper Gower-street; he shewed me the pit, I see then some of the Gravel which had been turned over.

Q. Do you mean to say that you made the observation yourself, or he and you together? - Both together; there in turning over the place we found two table cloths, and a napkin, and a little child's frock, and one pair of stockings, in another place, just by, in the gravel, this I pulled up, or he, I am not sure, we were both together; this bundle containing two handkerchiefs, a quantity

of tea and some sugar, in consequence of which we took this out, and was going towards home, and we met a gentleman with two young women with him, coming towards my house to inform me that a house was broke open near that spot, and that another man was taken, and that he was in St. Giles's watch house, and Underwood and I went and see him in St. Giles's watch-house.

Q. Which prisoner did you see there? - Hazle.

Q. Can you undertake to say that Hazle was one of the two men that you pursued? - I am not so positive to him as I am to Hale, I believe him to be the man, but I am not sure.

Q. Are you very sure that Hale is one of the men? - Yes, I have no doubt.

Q. Was you present when Hazle was searched? - No, I was not; it was an hour and better before I was at the watch-house.

Mr. Alley. You say very fairly, Croker, you are not so positive to Hazle as to Hale? - I am not.

Q. What distance might the prisoners be from you at the time you first see them? - Fifty or sixty, or a hundred yards it may be.

Q. It was a tolerable clear morning? - No, it was a foggy morning.

Q. What time was it that the last witness spoke to you about this reward? -He never in my life asked me such a question; I know there is a reward, but if any of them had asked me such a question I should immediately have stopped his tongue.

EDMUND WELCH sworn.

I am a watchman.

Q. Do you remember this 7th of July? - Yes; I was standing at the corner of Charles-street, Rathbone-place; about ten minutes or a quarter of an hour after four in the morning, I see Croker and the watchman coming down Charles-street, Rathbone-place, nearly opposite Percy Chapel, coming towards me, running as hard as ever they could, I asked the watchman what was the matter? he told me that they were in pursuit of three thieves.

Q. Had you seen any persons before that? - No. I ran down George-street, then I came to the corner of Windmill-street; when I came to the corner I see three men standing together at the corner of John-street, in Windmill-street; I stood for some time and see Croker come up Tottenham-court-road, and I made a signal to him that I had seen such men, and with that one of the three men he parted, and went up towards Percy Chapel , from the two, and the other two, the two prisoners, came down to the corner where I stood, the corner of John-street and Windmill-street; I was standing at the corner of Windmill-street, in Tottenham-court-road; and with that Croker and the watchman they came up towards the place where I was, and at the same time as Croker came up they threw two bundles away; I was within eight or nine yards of them; them are the two at the bar; I am sure of both of them.

Q. What do you mean by each throwing a bundle? - As soon as we came up they threw the two bundles away.

Q. Did you pick them? - I did not, I pursued one of the prisoners, Hazle, and he puts his hand into his coat pocket, and took a bottle out, and threw it away, and smashed it against the pavement; I pursued him down Store-street, and in pursuing him down Store-street he puts his hand into his pocket again, and slung a black silk stocking, new vamped, on the ground, and I picked it up; I pursued him as far as Gower-street, Bedford-square, and he ran out of my reach, and then I turned back, and gave the stocking to Underwood; I see him running down as

far as the long fields, I see him running down the new road leading to the Duke of Bolton's, I see him at a distance; he over run me, I could not run any longer.

Q. How soon afterwards did you see either of the prisoners? - This same morning; when I went back I see Hale with the four watchmen, coming up Windmill-street, I knew the man very well as soon as I see him; I never see him till I see him at the office, about eleven o'clock the same morning.

Q. You are very sure that Hazle is the man that you pursued? - Yes.

Mr. Alley. You seem very positive about this man; you pursued him and lost sight of him, and after that you met the prisoner Hale in custody of the watchmen? - Yes.

Q. Did not they say to you when you came up first, here, this is the man that you are looking after, and then you said yes? - They never spoke a word to me, only I assisted them.

WILLIAM BURNETT sworn.

Q. What are you? - A watchman in Gower-street, Bedford-square.

Q. Do you remember this morning, the 7th of July? - Yes, a little after four I heard a hue and cry of stop thief! come down Store-street, I had been just calling the hour of four, I was at the door, about No.22, Gower-street; several people came down.

Q. Did you observe any body particularly? - None but the prisoner Hazle; I see him about five or six doors up Store-street, he was coming towards Gower-street, towards the fields, running very fast; I ordered him to stop; I was in Store-street then; instead of his stopping he presented a pistol to me, and kept going on, I made a blow, thinking to catch him across the shins, to bring him down, I struck him on the outside of the left leg, but that did not shorten his pace; he took to the fields, and I finding he got the heels of me I sprung my rattle, and kept going on, and the watchman came from Southampton-row, and he seeing the watchman coming towards him, he went over some pales towards the Museum, into a little garden there, and said, good by, I am gone.

Q. Did you see him go in? - I did.

Q. How far did you pursue him? - To the corner of the pales going down from Gower-street.

Q. Where did you see him get over? - Close to the back door of the Museum gate into the field.

Q. How near were you when he spoke, good by, I am gone? - About the distance I am from your lordship. In a very little time afterwards I heard a servant woman call out, here is a man in our garden; I went round and was let in at No.3, and I went over the wall of No.3, into No. 2, and there he was in the garden, secured by a gentleman's servant, laying on the steps, on his back, almost fainting.

Q. And that was the prisoner at the bar? - Yes, Hazle.

Q. Do you know the name of the gentleman to whom this garden belonged? - I do not, no further than the number. I told him he must get up and come along with me, and I and another watchman brought him out; I asked him when I brought him out, where is the pistols that you had in your hand? pistols, says he, did you see any such thing in my hand? I told him yes, and would be on my oath of it; says he, you are a wicked man, you will swear any thing then. I conveyed him to the watch-house, I and another watchman, to St. Giles's, he was searched there by the watch-house-keeper, I was present; there was one black silk stocking found in his pocket, he said it was his own, and there should be a pair of them, and a silk handkerchief, but there was no handkerchief found in my presence.

Q. What was done with the silk stocking? - Mr. Lumley took it into his custody, and kept it.

WILLIAM PERRY sworn.

I am a watchman in Southampton-row, by the Duke of Bolton's, about a quarter past four in the morning I heard an alarm from Gower-street, and the spring of a rattle? I ran down by the back of Montague House; I see the prisoner, Thomas Hazle, coming running along the fields, from Gower-street; my partner, Burnet, was after him, hallooing out stop thief! the prisoner had a pistol in his hand, but he did not offer to fire at me; he turned then short round and jumped into Sir Frederic Cavendish's garden, belonging to No.11; in Gower-street; I did not see the prisoner any more till he was brought out of No.2, to go to the watch-house.

SUSANNA BANKS sworn.

I live at Mr. Cavendish's, No.11, Bedford-square, joining Gower-street.

Q. Were you alarmed at any time the morning of the 7th of July? - Yes, I heard the alarm of a watchman's rattle, and the voice, I looked out of window at the back part of the house, it looks up to Southampton-row; I see the prisoner Hazle in the garden, on the premises of Mr. Cavendish.

Q. Did you see him before he got into the garden? - No.

Q. Did you see him get in? - I did not; the first that I see of him was, his trying to make his escape over the wall, but could not; I gave an alarm where he was, and from that he kneeled down in the garden, behind some everlasting sun flowers; I see him doing something in the mould, but could not tell what he was doing of; he came up the garden and stepped on the steps that led down to the back room, stepped up on to the wall of No.1, Gower-street, went over the wall in No.1, Gower-street, from there I see no more of him till he was taken.

Q. Were you present when the mould was searched, where you had seen him do something? - I searched it myself, and found a pistol, I have it, it was examined at the magistrate's.

Q. What was taken out of it? - A ball, and three, I don't know what, and powder, it was heavily loaded.

Mr. Alley. What distance might you be from where you see the prisoner in the garden at the mould? - I was at the back garret, on the top of the house, and I see the prisoner in less than one minute after ward.

Court. You are very sure he is the same person? - Yes, I am very positive of it.

EDWARD BLOWERS sworn.

Q. Where do you live? - In Store-street, Bedford-square.

Q. Did you apprehend either of the prisoners? - Yes, Hazle, I found him on the 7th of July, on an alarm, between three and four, both at the fore part of the house and at the back; a woman of the house came to me, saying, get up, there are some thieves about the house; I did not get up immediately, I suppose it might be about the space of two minutes; I went down stairs immediately, opened the back door, looked over the garden wall, on the right hand garden, where the prisoner was gone; I found him at a garden, at No.6, laying on the wall; I got up to the wall of No.7, he looked at me side ways; says I, what do you do here?

Q. Had you seen him on the wall of No.6 or 7, before you got up? - I had not seen him on the wall of No.7; he goes running down the side of the wall of No.6, and jumped into the garden of No. 5; he goes out into No. 4, into No. 3,

and so on till he came to No.11, Bedford-square, which is the honourable Mr. Cavendish's garden; he could not escape that wall into the square, he made his return to come back again, he came down again from No.11 to No.1, Gower-street, on the top of the wall, from one garden to another; he comes from No.1 to No. 11 the same, in the out dwelling, which is Mr. Choir's; I takes hold of the prisoner, I asked him what business he had, and how he came there? he said that people had been using of him very ill, throwing sticks and stones at him, but intreated me in a very familiar manner to release him, and he said he would go off quietly about his business; I told him I should not release him, but I calls out watch, I knocks against the door, there was no knocker, but I kicks at the door with what violence I could, to make them let the watchman through there; it was near five minutes before any person came, at No.3 a servant got up, and they came over the wall of No.3 to me, but they took the prisoner through the passage of No.2; I delivered him up to the watchman, and held him by the slap of his coat through the passage, and went with him by the watchman, holding him by his coat; when he was taken to the watch-house he was then examined, I was present when this black silk stocking was taken out of his pocket, he said it was one of his, that there was another of them, but some how or other he had lost it, there should be a pair; he felt in the pockets himself, and said that there should be another, he did not find another; there was nothing more found on him.

GEORGE TURNER sworn.

Q. Are you a watchman? - Yes.

Q. Were you at the apprehending of Hale? - Yes; I heard the alarm of stop thief by a milkman.

Q. Where did you stop him? - In Great Russell-street; he was running when we first see him; James Caple took hold of him

Q. Had he any thing with him when you laid hold of him? - Nothing that I see, nor nothing found on him that I see at all.

JAMES CAPLE sworn.

Q. Were you at the apprehending of that prisoner, Hale, in Russell-street? - Yes.

Q. Did you see any thing that he had? - No, I did not see any thing at all when I catched him, not till I went a little way up Tottenham-court-road. After I apprehended him, I and Turner took him to carry him to Pancras watch-house, and there was another watchman and Croker coming down Tottenham-court road, and the watchman had a bundle in his hand. Hale had nothing about him, only the words that he said were, the Lord have mercy on me.

ANN DENLY sworn.

Q. Did you, on the 7th of July, at any time find any thing, and where? - Yes, this table cloth, it might, to the nearest of my recollection, be a quarter past four o'clock; I found it in Rathbone-place, laying between the wall of an area and lamp iron, part on the lamp iron and part between the walls, between a grocer's and the next door.

Q. Is it near any court? - Not near any court.

Q. Do you know Civil-court? - Yes, it is a great way from Rathbone-place.

Q. How came you to know to whom it belonged? - I told the watchman that I supposed some neighbours had dropped it, and I told him to take it, which he refused, and I gave him my address.

Q. And you was applied to afterwards in consequence? - I was. This is the

one; it never has been out of my possession.

VALENTINE RUMLEY sworn.

I am a watch-house keeper to the watch-house to which the prisoner Hale was taken.

Q. Have you got any thing that you produce? - Yes; the first article is a black silk stocking, from Hazle's pocket; first of all I said to him, is this your stocking? he said, yes; I asked him where the fellow of it was? he said, he had lost it. After I locked him up he called for some water; I took him a quart of water; he was laying on the bench; I says to him, rise and take your water; he rose up, and as he was going to take it this table cloth fell dropped from his person; I says, what have you got here? he says, nothing. I then took it up and it was very warm indeed, and I put it in my pocket.

PETER READ sworn.

I live at the back of the Coach and Horses, in Newtoner's-lane.

Q. Where were you on the 7th of July in the morning? - At the corner of Gouge-street, between four and five in the morning.

Q. Did you see any thing of either of the prisoners at the bar? - Yes, of one. I was at the corner of Gouge street, and I ran town ds John-street, and when I came to John-street one of the prisoners at the bar, Henry Hale , was running up John-street; when he came almost close to me, within ten or twelve yards, he dropped a pistol, and stooped down very readily and picked it up, and turned into Colvil-court and ran away; I sprang my rattle and cried out stop thief! and lost sight of him as soon as ever he got out of Colvil-court. I ran through several streets, in order to meet him again, but I did not till I came into Tottenham-court-road, and there he was in custody of another watchman. I am sure that is the same man.

Q. To Underwood. Have you any black stocking? - Yes; one Welch gave it me at the Sun, just the corner of Windmill-street.

Q. You was not present when it was picked up by any body? - No, I was not.

Q. To Welch. Who did you give a black stocking to? - To Underwood. The prisoner Hazle threw it away, and I picked it up.

Q. And that same you gave to Underwood? - Yes.(The things produced and deposed to by the prosecutor and Mrs. Hodson as their property.)

Prisoner Hazle. I am a young man, have followed the sea from my youth. I was informed that there was an information given against me that I was a seaman, I then was coming along from where I lodged, to go to Gravesend, to eater on board the Fort William East Indiaman; I thought when these people were in pursuit after me they were a press gang; I was then making my escape from them as a press gang; but as to a pistol being in my hand I am totally innocent; and what is alledged to me I am totally innocent.

Prisoner Hale. My lord and gentlemen of the jury, I stand here swore to by a parcel of people who swear against me for the sake of nothing but the reward; I can give you a clear and satisfactory account how I came into Tottenham-court-road at that time of the morning; I had been at Barnet the day before, between twelve and one I set off from Barnet to come to town, and so I came into Tottenham-court road about that time in the morning; I heard a noise, and ran to see what was the matter; was instantly laid hold of, and dragged into a public house, stripped and searched, and nothing found

on me. I am totally innocent of what is alledged to me. I leave my cause first to Almighty God and then to you.

Thomas Hazle, GUILTY . Death .(Aged 26.)

Henry Hale , GUILTY. Death.(Aged 23.)

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

Reference Number: t17950916-64

435. RICHARD BEETLE was indicted for felonously stealing, on the 8th of July , a silver watch, value 1l. a base metal watch chain, value 3d. a brass watch key, value 1d. the goods of William Crowther .

WILLIAM CROWTHER sworn.

I am a lace weaver , a journeyman.

Q. From where did you lose your watch? - From where I lodge. On the 8th of July, Wednesday, I believe. I will not be positive, (the prisoner had been often up to my place to see me, and never had the opportunity of seeing me) he came out of friendship to see my wife, and I was not at home. I am an out door business.

Mrs. CROWTHER sworn.

Q. Are you the wife of William Crowther ? - Yes. I happened to meet Mr. Beetle about four months before this depradation was done, in the City-road, he told me that he knew me; I knew him, but would not make myself known to him; he said he was certain I knew him when he was an apprentice; he asked me where I lived? I told him I lived at No.40, Skinner-street . He came to see me there; he see my little children coming from school, and he said, Mrs. Crowther, I shall bring my wife down to tea with me. He came several times, and he told me that his wife was very bad with a white swelling in her knee -

Q. Tell us how you lost your watch? - Mr. Beetle came on the 8th of July, I think it was Wednesday, coming up stairs he said he had an acquaintance below; I said, undoubtedly ask your acquaintance up. I had nothing in the house to drink, and they seemed a little naturally in liquor; I fetched a pot of porter from the Weavers Arms, in Skinner-street, and when I came up with the pot of porter I see the stranger that was along with Mr. Beetle come out of the back room; I have two rooms where I have lived these ten years.

Q. Did not you see him go into your room? - No; I was gone for the pot of porter.

Q. Did you leave these two men in your room while you went for the porter? - Yes; my eldest daughter was there. They staid and drank the beer; they went down stairs after drinking the beer, and went away. About half an hour after that I went to the back room, I went to go about my work, and I cast my eyes to a little mahogany case, and I missed the watch out of it. Mr. Beetle told me he would be back in twenty minutes, I waited patiently twenty minutes; finding Mr. Beetle did not come back, I was afraid that the rogue was played with me by his acquaintance. I was told where he lived, I went to his house, but I did not meet with any kind treatment there.

Q. When did you find the prisoner? - The next day, coming out of his own door, about half after nine, as near as I can guess. I thought that he rather walk ed fast, and I told my husband that was the person that I suspected; he asked me, I told him I did not suspect nobody but the acquaintance of Mr. Beetle; my husband said, if I did not suspect him he would not cry out stop thief; I said, I suspected the acquaintance that was with him, and I did not know where to find him.

Q. Did you stop the prisoner at the bar? - Yes, my husband stopped him; he abused my husband, which I compute to his liquor, for he was very much in liquor; he told my husband that I was a very bad woman, and he had lain with me.

Q. But what did he say about the watch? - He did not say any thing. He was taken before the magistrate; Mr. Bare coming up said, shall I take him into custody? my husband said, yes; he took him in custody. He was taken before the magistrate, and he abused my husband before the magistrate, which exasperated my husband very much. The magistrate asked if he had been searched? Mr. Bare said, he had not; and there was a watch taken from him with no chain nor seals to it; I saw it in the clerk's hands, it was a silver watch.

Q. Did you know the name or No.? - No. The chain was an old metal chain; I don't remember that there was any key to it.

Mr. Knapp. The justice was very loath to commit him without the number or name being known? - He was.

Q. The stranger that you say came with the prisoner, you see come out of the back room? - Yes, the stranger.

Q. Have you ever seen the stranger since? - I have taken two or three for him; I have heard that he is gone on board a ship.

Q. Could you swear to the watch if you was to see it? - No, I don't think I could.

Q. It was the next morning you was at the prisoner's house, and you found him at home, where he was most likely to be? - Yes, coming out of his own house.

JOSEPH BARE sworn.

I am a trinity house officer; I see a crowd of folks running, and I ran with them into Wellclose-square, and I apprehended the prisoner; he was standing still when I apprehended him.

Q. Was there an alarm of stop thief? - There was hue and cry. He was running about very near his own house; I took him up to the office; I see him searched; I see this watch taken from him; I cannot say from what part.

Q. By whom was it taken? - By one Taplin; he is not here.

Q. Did you see it taken from the prisoner? - Yes; I think out of his pocket. I took him down to my house for about an hour; there was such a crowd of folks, I thought I would not take him to the office till the crowd was dispersed.

Prosecutor. I cannot swear to the watch with a just conscience.

Not GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17950916-65

436. ELIZABETH RAVEN was indicted for feloniously stealing, on the 19th of August , a linen pincloth, value 1s. a pair of silver knee buckles, value 2s. 6d. the goods and monies of Robert Goddard .

GEORGE GODDARD sworn.

I keep house in Fleet-market ; we have been robbed at different times; the prisoner was a servant and had been about three months in my service; losing several things my wife opened her box; I was present; it was about three weeks before she was apprehended; we found about three shillings worth of halfpence and farthings, which I suspected came out of my till; we found among the rest of the things a child's pin cloth, that was on the 19th of August, the day I apprehended her, we see it in the box before I slept

out of town, on the 18th, at Islington. When I came to town on the morning of the 19th, my young man told me that they catched her at the till.

Q. Tell me what you know of your own knowledge? - I see this pin cloth in her box, on the 19th, when we accused her with it. The box was open that morning, but always locked before. There was no other servant not no other person had a box in that room. I acquainted her, and agreed to discharge her; I insisted on searching her before she went away, Thursday the 19th, and, besides the pin cloth of ours, there was a piece of muslin and a piece of lace; I insisted on searching her also before she left my house, as well as her box, that I might see if she had a sixpence that was missed the over night; she was very loath to be searched; I went out for a constable, and just as He was coming up stairs, (she see him) she pulled several things out of her pocket, and among the rest were my silver knee buckles. The things were taken before the Lord Mayor; the buckles and pin cloth have been in my custody ever since. My name is on the pin cloth in full length; I know the buckles by the pattern, I have had them six or eight years, they are quite plain, and there are two or three scratches on them; I did not miss them at the time; the last time I used them I put them in the beauset and dining room, where I should have gone for them when I wanted them.

Q. When you found them did you find they were wanting? - Yes, they were wanting.

Mr. Gurney. On the morning of the 19th you say, when you went to search the prisoner's box the box was open, and in the box you found one pin cloth? - I see my wife take it out of the box with a number of other things.

Q. You have other servants in the house? - Yes, some young men.

Q. And children? - Yes, I have eight children, but they were all at Islington. While she was with me she behaved exceedingly well, excepting finding these things on her, which I was very sorry to do.

THOMAS - sworn.

I am apprentice to Mr. Goddard, a tallow chandler; my master's son and I went to supper, and the maid went to draw some beer, and we thought she went to the till, and we got up and could not see her.

ROBERT GODDARD , Jun. sworn.

Q. Do you know any thing about the pin cloth or buckles? - No.

WILLIAM DAVIS sworn.

I am a constable of St. Sepulchre's; I know nothing more than taking charge of her; she had delivered the buckles up to the prosecutor before I came.

Prisoner. I leave it to my counsel.

Not GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17950916-66

437. JAMES BACON and ANN SMITH were indicted for feloniously stealing, on the 7th of September , a gigham gown, value 10s. a cotton gown, value 10s. a striped muslin petticoat, value 5s. eight cotton stockings, value 4s. and a linen check apron, value 2d. the goods of Sarah Parry , spinster .

SARAH PARRY sworn.

Q. Are you a single woman? - Yes. I have an apartment in Paul's-alley .

Q. Did you lose a gigham gown and a cotton gown at any time? - Yes.

Q. Were these people lodgers in the house, or strangers? - Quite strangers.

Q. Did you see them taken? - I did not. They were lost, on Monday, the 7th of September, out of my front room.

Q. What time of the day did you see them there? - I put them there between three and four in the afternoon; they were altogether, pinned up; I missed them on Wednesday morning, and on Friday I see them at Guildhall, when I went to own them.

PHILIP JOSLING sworn.

I am an officer; I produce the property in the indictment, all the articles, they are all here. On Monday the 7th of this month, I was going up the Old bailey, and I perceived the woman prisoner with something in her apron and the man along side of her; I had a suspicion, I went up to the woman, and the man went a little way on; I asked the woman, good woman, says I, what have you got here? says she, I have got some linen; I asked her how she came by it? she said the man had given it to her to carry, and was to give her eighteen-pence. I immediately called the man to come back; he came back to me; I asked him whether he had; he denied it. I then took them both to the counter; he denied knowing any thing of the property, or that he ever hired her to carry it.

Q. Were they walking and talking together? - I thought there was some conversation, but I cannot swear to that.

Q. Did he say that he knew the woman? - No, he denied knowing her. The next day they were taken before Mr. Alderman Lushington; the woman gave just the same account she had done before. Mr. Alderman Lushington ordered them to be advertised; and on Friday Mrs. Parry came before the alderman to claim the property; and I have kept them ever since.

Prisoner Smith. If you please to remember when you took hold of Mr. Bacon, you said, where are you going to? I don't know what answer he made you, and then you turned round and said to me, what have you got there? and I said, it is that man's; and then he went on a little way.

Prisoner Bacon. The articles I never see till the man called me back.

Prosecutrix. I know the gowns it is property I am entrusted with; I am a laundress , and these are all one lady's things together.

Prisoner Smith. I was coming from Whitecross street, through Paul's-alley, and nearly at the top of the alley this man overtook me, and he had a bundle in this check apron, under his left arm; he asked me where I was going? he said he was going to Drury-lane; and I lived in Shire-lane; so under the gateway he asked me if I would carry this bundle? I said, I did not care; and he gave me the bundle into my apron, and he came down Aldersgate-street, and into the Old-bailey, and then that gentleman stopped him, and asked him where he was going? and with that he said to me, what have you got there? I said, I did not know; says he, whose is it? says I, this man's. With that he made off a little, and Mr. Jostling called him back, and took us both to the counter; and he said he would give me a shillings or eighteen-pence, it being fair time; and he being my own son-in-law, that has worked on his own account for some time, a taylor, I did not know but it was for his own work.

Prisoner Bacon I am innocent of this affair, as false as there is a God in Heaven. I left my own house, where I live in Barbican, No. 52, going down Snow-hill I heard some man calling out after me, Bacon! I immediately stopped, and it was Mr. Jostling, and he said to me, Bacon, do you know what these things are that this woman has got tied up in

her lap so very close? and I said I did not know one article there, you may depend upon it they are not mine.

Court to Jostling. What time was it you met these people? - Between four and five, or nearly five.

James Bacon, Not GUILTY .

Ann Smith, GUILTY . (Aged 46.)

Imprisoned twelve months in the House of Correction , and fined 1s.

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17950916-67

438. JOHN WILSON was indicted for feloniously stealing, on the 29th of August , thirty-six yards of satin ribbon, value 1l. 10s. the goods of James Philby , &c .

JAMES PHILBY sworn.

I am a haberdasher .

Q. What are your partners names? - Samuel Terry and Charles Philby . On Saturday, the 26th of August, I was engaged behind the counter, where I usually attend in the evening, between seven and eight o'clock, the prisoner and another man came into our shop and enquired for some ribbons, of a young man who stood forward at the time, one of my servants; but from an idea given me by him, I served him myself; I took the ribbon drawer out for him to choose; he after some hesitation, desired to have two yards cut off from one piece, which I did, while I was doing that I see him take one piece of ribbon and put into his pocket; while I was doubling this ribbon up, he took another piece, which I did not see him take; I did not miss it, but I found in the event afterwards that there was another piece taken he went; out of the shop. He paid for that I folded up, and I took the money myself; he took it himself with him. After he was served with his ribbon and going out of the shop, I set myself on the counter, and as he was outside of the door I snatched at him; I led him back again down the shop, by the assistance of my young man, and when I got him at the bottom, he begged for mercy; he took out the two pieces of ribbon, which I have here with me, and threw them down. I went for a constable, which I gave him in charge of.

Q. Have you got the two pieces of ribbon? - I have.

Q. Have you kept them till now? - I have.

Q. Is one of them pieces one of which you see him take? - Yes.

Q. Are they both of the same colour? - No, they are not. I could not swear which of the two pieces I see him take.

Q. Could not you see the colour of the ribbon that you see him take? - No, I could not.

Q. Are you perfectly sure that he did take a piece out at that time? - I am confident of that, though I cannot tell the colour of it; one of these is yellow, and the other is a striped.

Q. You have a pretty large quantity of ribbons in this drawer? - Yes, a great many. I cannot miss one piece or two from a drawer of the size these were in; both of them are mine, because they have my private marks on them; I know the hand writing.

Mr. Knapp. Are there no other persons interested in this partnership but Mr. Charles Philby and Samuel Terry ? - There are not.

Q. This was a large drawer full of ribbons? - It was.

Q. These are not uncommon patterns? - One of them was made for us and nobody else.

Q. Then there was more made than this one piece. Those that you sell in pieces, do you sell with your private mark on? - Most assuredly; it cannot be taken off.

Q. And if you had seen them any where, after you had sold them, in other peoples possession, you would not have been enabled to swear to them by that private mark of your's? - Certainly not; but I think I can speak on my oath that one piece of ribbon was in the drawer the time I opened it, for I recollect the piece of ribbon very well being there before this person came in.

Court. Which piece do you speak of? - I recollect that they were both in our drawer before this circumstance took place, and one piece is, I think, in two lengths, (It was unrolled and found to be but one length) Then that is my mistake.

Mr. Knapp. Do you mean to swear that that is the precise piece of ribbon? - I am speaking from circumstances; I have no other way that I can swear to it.

Q. Now we will go to the other ribbon. This is a very common pattern, may be seen in man haberdashers shops? - I don't know that it may at this time.

Q. There is nothing particular in the pattern? - Nothing. We never had to my knowledge, but one piece of this ribbon. That is a half piece.

Q. Are you always in the shop? -Generally I am.

Q. Other people fell in the shop as well as you? - Yes, perhaps five or six.

Q. Do you mean to take on yourself to swear that the persons in your shop, without your knowledge, might not have sold the very identical pattern, or, at least, ribbons of the same pattern? - I believe we never had that pattern or colour before, to the best of my knowledge; and it is impossible to speak to it otherwise, from the multiplicity that we have in our shop.

Q. There was another person with the prisoner in the shop? - There was; I lost sight of him when this man was at the door.

Q. Have you ever seen him since? - Not that I know of.

Q. Was he pretty near to the prisoner at the bar in the shop? - Yes.

Q. Have you ever been of the opinion that it was the other person, and not the prisoner at the bar? - Never in the least.

Court. At the time the man took this ribbon out, had you observed sufficiently the drawer as to say they were in the drawer? - I see them just before, I did not at the time; I observed them in the course of the day; I am in the habit of shewing the drawer very often in the course of the day, and I see them both in the course of the day in the drawer.

THOMAS OSTLIFF sworn.

I am a shopman to Mr. Philby.

Q. Did you see the prisoner in the shop on Saturday, the 29th of August? - I did. I did not see any thing particular. at the time they were serving him; Mr. Pnilby went out and came in again with the prisoner, and I heard him make use of rather a rash expression; I followed, and I heard him say, he would secure him, and I followed him up the shop, and I see him pull two pieces of ribbon out of his pocket, the one was a buss stripe, and the other was a red stripe.

Q. Have you seen this sort of yellow ribbon before? - I don't know that I have.

Q. Have you been in different shops

before you was in this shop? - Yes, I have.

Q. Will you swear that you never see any ribbon before of the same pattern as this? - I don't know that ever I did; I will not venture to swear that I never did.

Q. Did you ever see such a red stripe before? - I cannot say that ever I did.

JOHN HAMMOND sworn.

Q. Were you in this shop at this time? - Yes.

Q. Did you see the prisoners when he came into the shop? - Yes. I see him take two pieces out of the drawer and put them in his pocket, and walked out without paying for them. These are the two pieces; I am certain; These are the initials of my name on them.

Prisoner. I have it to my counsel almost, but I would wish my counsel to put one question to that gentleman, where that ribbon has been since it was taken.

Mr. Knapp to Prosecutor. This ribbon you brought here? - My young man did.

Q. To Ostiliff. You brought this ribbon here, of whom did you receive it? - Of Mr. Philby.

Philby. I put my initials on it when I took it from the constable, by his direction, because I was unacquainted with the usual mode.

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

GUILTY . (Aged 40.)

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17950916-68

439. BRIDGET GREVILLE was indicted for feloniously stealing, on the 20th of August , a linen sheet, value 5s. a linen table cloth, value 4s. two silver table spoons, value 2s. the goods of Justinia De Rosia , in a lodging room .

JUSTINIA DE ROSIA sworn.

I am a widow ; I live in King-street, Soho , keep house there.

Q. Did you let lodgings at any time? - Yes, I let lodgings to Mrs. Greville, for a guinea and half a week, the first floor. Mrs. Greville lived one week in my house.

Q. Was it ready furnished? - Yes.

Q. What did you let in the room? - Every thing that she wanted for her use.

Q. Did you find her linen, sheets, table cloths, and tea spoons? - Yes.

Q. Were these part of the furniture that you let to her? - Yes.

Q. What day did she come to the lodgings? - I cannot tell.

Q. Had you any other lodger in the house? - One in the second floor.

Q. Was that a woman too? - Yes. I lost one sheet, one table cloth, and two tea spoons. She paid fifteen shillings and sixpence; she paid me five shillings earnest, and half a guinea when the week was due, when I sent my servant up stairs.

Q. How do you know she took these things? - Because when I went up I found my things were gone.

Prisoner. I have been in town but seven weeks, and I have been five in prison; I was taken out of her house by Mr. Small.

Q. Was she in your house at your lodgings the time she was taken up? - Yes. She had been one week; the week was out the day that Mr. Small came.

FRANCES ROBINSON sworn.

I was servant to Mrs Greville about three weeks. My mistress desired me to take these things to pawn, a sheet, a table cloth, and two tea spoons.

Q. Who did you pawn them with? -At Mr. Freer's. She bid me pawn them in my own name; I believe the tea spoons were eighteen-pence a piece, and the sheet and table cloth for eleven shillings, or eleven shillings and sixpence, I am not sure which.

Q. What way of life was she in? - I don't know.

Q. What age are you? - Sixteen.

Q. You lived with her three weeks, you must know what way of life she is in? - I did not know when I went to her; nobody came after my mistress but one gentleman. She said that when she took her money she would redeem them, which she expected every day, and she had some to take.

Q. Who did you live with before you lived with her? - I lived once in Hungerford-street, with Mr. Sheldon, carpenter and undertaker; Mr. Sheldon's was the only place I ever lived in.

Prisoner. She says she came from a place; I had her from her father. Mrs. Robinson, her mother, has known me for some years; her father is a master taylor.

Jury to Robinson. Where did the prisoner live before these three weeks? -With Mr. Small, Dean-street, Soho, No. 26, a very creditable house, a quiet house.

Q. Any women live there? - No, one gentleman lived in the second floor.

JAMES SMITH sworn.

I am a pawnbroker's, journeyman to Mr. Freer, No.5, Little Poultney-street, St. James's.

Q. What day were these things brought to you? - The gown, sheet, and tea spoon, the 18th of August; they were all pledged for eleven shillings, but the gown was not stole; a table cloth for three shillings and six-pence, the 15th of August; another tea spoon for eighteen-pence on the 11th of August.

(Produced and deposed to.)

Prisoner. I was very much distressed when I sent these things, and did not think of quitting the ladies lodgings.

Not GUILTY .

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

Reference Number: t17950916-69

440. BRIDGET GREVILLE was indicted for feloniously stealing, on the 16th of August , a linen table cloth, value 6s., a silver table spoon, value 12s. a pepper castor, value 13s. a silver tea spoon, value 2s. the goods of William Small , in a lodging room .

WILLIAM SMALL sworn.

I keep a turnery warehouse , No. 26, Dean-street, Soho About the 23d or 24th of March, the lady at the bar came to take a ready furnished apartment at my house, the first floor, at eight and twenty shillings a week, with accommodation for her servant in the use of the kitchen; she took possession the 29th, and her servant.

Q. No gentleman with her? - No gentleman at all. She represented herself to be the wife of a captain Greville, and that she had been used to live genteel; and as a confirmation of what she said she had a recommendation to one Mr. Robinson, who gave her a very good character, and said, she would prove a very good lodger.

Q. What is Mr. Robinson? - A tailor,

Wild-court, Wild street, near Lincoln's Inn fields. They gave her a most excellent character as any person could possibly have; in consequence of this we let her the apartment, and Mrs. Greville took possession on the 29th of July: but she had not been there many days before we had reason to suppose that we had been very much imposed upon, with regard to the character of the lady, and of course we gave her warning to quit at the week's end; she said, it would be putting her to very great inconvenience to quit the apartment so abruptly, and wished to stay another week till the fortnight was up; I told her it was my wish to be perfectly genteel to her, and if it would put her to so much inconvenience, she should stay another week. Then the day before the second week was up she went away and did not return to the house that night.

Q. What day did she go from you? - Tuesday the 11th of September. We never received a farthing of her money. We could not take possession of the room; the drawers were all locked; she represented herself as out of town, the servant was there, but she came back on Monday the 17th, and slept in our house. She went out again the next morning, and we see no more of her till she was taken. What put us in possession of these facts was, after she slept in the house on Monday, the servant came in and asked my servant if her mistress was returned; she said, no. The servant went up to turn down the bed against her mistress came, and went out again immediately, and did not return any more. The next morning I went up and found one sheet off the bed; in consequence of this we had the closets and drawers opened, and found the things missing, a silver pepper castor. &c.

Q. Were these things all let to her in lodgings? - Yes, they were.

Q. Are you sure they were there when she went into the lodgings? - Yes, I see them there.

Q. When was she taken up? - The Friday following as Mrs. De Rosia sent to enquire her character at our house, and we found she was not far off, and we went and apprehended her. She had the two lodgings at the same time, mine at eight and twenty shillings a week, and Mrs. De Rosia's at a guinea and a half, and was robbing both at the same time.

Q. That you don't know of your own knowledge.

Prisoner. I took the lodgings of Mrs. Small.

FRANCES ROBINSON sworn.

I lived with Mrs. Greville at the same time she lived with Mr. Small; she asked me to pawn these things, which I did; she bid me pawn them in my own name, and I brought ber the money. I pawned them at Mr. Freer's she said she would redeem them when she took her money.

JAMES SMITH sworn.

I am a pawnbroker's man; I produce a table cloth pawned for seven shillings, on the 7th of August; a tea spoon for eighteen pence, the 14th of August; and a table cloth for five shillings, the 5th of August; all in the name of Frances Robinson. I had been there but five weeks, and I enquired of them in the shop, and they said they knew where she lived, and that her father was a capital tradesman, and had such property of his own.

Prisoner. I have nothing more to say.

Court to Robinson. Had she many people coming after her at Mr. Small's? - Only one gentleman at the time that I was with her.

Q. Was he in town at the time she was there? - I don't know.

GUILTY . (Aged 27.)

Privately Whipped .

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

Reference Number: t17950916-70

441. HENRY WETHERALL was indicted for feloniously stealing, on the 22d of July , a pewter quart pot, value 18d. and a pewter pint pot, value 1s. the goods of Richard Gobby .

RICHARD GOBBY sworn.

I am a publican I keep the Swan, on Snow-hill, in the City of London .

Q. What did you lose? - A pot and a pint.

Q. Where were they found? - At the White Lion, St. Giles's, by Mr. Buzzy. The prisoner at the bar was at my house a little before nine o'clock, on the 22d of June, he was drawn a pot of beer; we did not miss the pots that night.

Q. You have a great many pots out? - Yes.

WILLIAM BUZZY sworn.

I am a publican, keep the White Lion, St. Giles's. At half past nine in the evening, on the 22d of July, the prisoner at the bar came and called o a pint of beer at our house; during the time he was drinking of it, some other people came into the box; when he went out some of them informed me that he had got some pots about him, they thought they heard them rattle. I followed him out, and desired him to come back, and told him that he had some pots about him; he said he had, his wife scoured pots; I insisted on his coming back. He came back with me, and I found these pots on him.

Prosecutor. They are mine; I believe he took one pint out of the tap room.

Not GUILTY .

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

Reference Number: t17950916-71

442. HENRY WETHERALL was indicted for feloniously stealing, on the 22d of July , three pewter pint, pots, value 2s. the goods of Thomas Quill .

THOMAS QUILL sworn.

The prisoner at the bar was at my house and had a pint of beer, on the 22d of July; afterwards I was sent for to Great Marlborough-street, to swear to my property.

Q. Can you say how he came by that pot? - I cannot.

Not GUILTY .

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

Reference Number: t17950916-72

443. ANN ROUND was indicted for feloniously stealing on the 25th of July , a silver watch. value 1l. 1s. he goods of Robert Brown ; and

ELIZABETH FLINN for feloniously receiving on the same day the same goods, knowing them to be stolen .

ROBERT BROWN sworn.

I was a seafaring man , I live now in Rosemary lane; my wife was very bad, and this woman, Ann Round , looked after my wife, and when my wife went out(she was out, it may be two hours and a

half) the prisoner told my boy to mind the door, and went out about ten minutes before my wife came in.

Q. What day was this? - Saturday, the 25th of July, and I understand that she went to my box, and took the watch; I was at home working all the time.

Q. What time did your miss your watch? - Between three and four o'clock, out of a little box that stood on the table, in the lower room first floor.

Q. Have you ever seen it since? - Never.

Q. What time did your wife return? - About half after three, or thereabouts.

Mr. Knowlys. I believe there are a great number of these girls liable to be taken up, as disorderly in your house? - No, there is but one woman in my house, a man and his wife.

Q. This girl had lodged in your house about nine months? - Yes, she lodged up stairs, and came down to attend my wife while she was bad, I thought it was the wife of the man that she lived with.

Q. Your house is in Salt Peter Bank? - Yes, it is at the top of it. The last time I had seen the watch was about ten o'clock in the day, I had not seen it since that.

ANN BROWN sworn.

Q. You are the wife? - Yes; I went out about half after one.

Q. Did you see the watch at all on the table? - I had it in my hand, and was going to put it into my pocket; it was in a box about a quarter of a yard in depth, it went down with a spring.

Q. Was it a silver watch? - A silver watch; I put it in the box myself, and told her not to shake the box, for fear of breaking the glass; I gave her the box to put down, it was not locked, it went down with a spring, I shut it to and gave it her, then I went out along with my sister, about a little business.

Q. What time did you return? - Between three and four; as soon as ever I came in I asked where she was? and they told me she was gone out; and I took the box off the table and looked into the box, and see the watch was gone, I went to put my apron in the box.

Q. Have you ever found the watch since? - No. I never have; I went to a pawnbroker's where it was offered, he is not here.

Mr. Knawlys. Pray how long were you gone? - I was out about an hour and a half, I think it was.

Q. A good many people come to your lodgers? - I have none but a man and his wife.

Q. But there was a man that lived with this woman and he went away and never came back again after that time? -He went away the same day as this woman did; they passed as man and wife, and came and took the room of me.

MARGARET HARRIS sworn.

I lived along with Elizabeth Flinn , she lived in Swan-alley. This Ann Round came up in the room while I was there, my back was towards them, and I see Elizabeth Flinn put on her hat and cloak and went out, and I see the watch in her hand; she came there Saturday about five o'clock, she went out and never returned till eight.

Q. Did you see Round give her the watch? - No, her back was towards me; I cannot tell what they said together, because they went on the stairs, and whispered to each other; when she came home she said she could not sell the watch; then she went out a little after that, and she came back again and said how that she got two shillings for it; she gave Round a shilling, I see her.

Q. What colour was it? - Silver, a one case watch.

Jury. How did you know it was a one case watch? - I see them pull the inside out of the case.

Mr. Knowlys. You examined it then very accurately? - I see them when they laid on the bed, open it.

Q. I hope you had not eyes behind you; I thought you told us that your back was towards them? - My back was towards them, and then I turned my face to hang up some stockings.

Q. What colour were the works of the watch? - I believe they were yellow, a kind of brass, like another watch.

Q. Had you ever seen Mrs. Round bere? - Yes, I have.

Q. Never any quarrel between you? - No.

Q. Now stop a little, take care of yourself; never any quarrel between you? - No, there was no quarrel between us.

Q. Has she never struck you? - Yes, she struck me once.

Q. How did that happen without a quarrel? - We had one or two words, and then she struck me; I do not call that a quarrel, such a few words as that.

Q. Have you never said that she had struck you a blow, and that you would never forgive her, and would do for her? - On upon my life I never did say such a yord. I never said them words if I was to be struck a corps this moment, I said she struck me in the time of my sickness, and God Almighty forgive her, for I did.

Q. Pray how long was it before you told these people of it? - It was two or three days after this was done, when I went to Mrs. Brown's.

Q. Did you ever use these expressions to Mrs. Brown? - Yes, I did mention it once to Mrs. Brown.

Q. What occasion had you to tell Mrs. Brown? - I was saving what a sad thing to strike me in the time of illness; it was hard to strike me at the time that I could not help myself, and she was stronger than I was.

Q. How long was it before you see this pretty watch? - About a month before.

Both not GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17950916-73

441. CHARLES FAIRFIELD was indicted for feloniously stealing, on the 17th of August , sixteen exotic plants, value 7l. 11s. the goods of Daniel Grimwood , &c.

(The case opened by Mr. Knowlys.)

DANIEL GRIMWOOD , junior, sworn.

Q. Are you a nurseryman , and are your gardens at Kensington ? - Yes.

Q. What is the firm of the partnership? - Daniel Griotwood ; my father, Samuel Hodson , and Peter Barritt .

Q. Do you know the prisoner at the bar? - I never knew him previous to my going with the search warrant. On Monday, the 17th of August past, I was taking up in the nursery some plants to take into the country, there was a shower of rain, which occasioned me to go with our foreman into the house called the great stove; as soon as we went into the stove we sat ourselves on the curb, and the foreman in looking round missed a plant from a pot, he looked along the shelf and missed other exotic plants; he then looked into the bark pits. he missed another plant out of the bark pit, I see a vacancy, the earth was turned out of the pot, and put under a sheet of paper, upon the tea the pot that was so emptied was partly hid by some other large pots, standing on the curb, We then left that

house and went to a house called the geranion house, and there we missed other exotic plants, having been pulled up by the roots, and the root of one plant left in the pot, broken off, one of those plants so missed, was one that we has bought of Mr. Colvill, a nursery man in Chelsea; I was told that.

Q. Were all these plants growing in pots? - All growing in pots. On missing these plants I spoke to my father about the business, and he advised me to got a search warrant; I got a search warrant on Friday the 21st; we went to Bow-street, and Mr. Bond sent a man with our foreman to the premises of this Fairfield; Mr. Colvill had been there previous.

Q. What is your foremen's name? - William White . One of our young men was in the stove at the same time.

Q. Where did you go to make the search? - To the house of the prisoner, Fairfield, at Chelsea, I found him there, on the officer of the public office knocking at the door, and asking if Mr. Fairfield was at home, the officer went in, and I followed him, and I asked Charles Fairfield, the prisoner at the bar, if he had any plants of mine, he answered no; we told him we had a search warrant against him, and wished to look over his premises; we went into his garden situated at the back of this house at Chelsea.

Q. He is not a gardener by business? - I believe not, he is an artist I believe; I think to the best of my knowledge some of the plants were found in his little stove that he had got there, and I am certain as to the garden, I think part were in his little out house, and part in his garden; when we found all we could see belonged to us; we put them in a basket and took them to the public office. The plants are in court.

Q. When you took them did the prisoner say any thing respecting them? - He said he had bought them, he said further more from the manner in which we treated him, if he was not found guilty, we should suffer for his character; I think he said he bought one plant of Mr. Turrin; it was a geranion I think; I don't know that he pointed out which plant; we took him with the plants in the coach, and he was examined at the public office, and committed.

Mr. Moore. Pray in what description of place were these plants of your's? - in a house, the major part of which is glass, called the hot house.

Q. Was it not situated in your nursery? - Yes.

Mr. Moore to Court. Then I humbly submit that this could only be a trespass at common law.

Court. At common law it certainly was only a trespass to steal things growing in the ground, but these plants were not growing on the freehold ground, but in pots.

Mr. Moore. The nursery in which this house stands is tolerably open, a public place, and a gentleman has liberty to walk in the nursery to look at such plants as he wants for his own use? Have not persons of every description access to this place? do you stop any body from coming in? supposing I was to come tomorrow, would you turn me out? - Conceiving you to be a gentleman I should not.

Q. Is there not a path through it? - There is, but this part is all paled in.

Q. Do you come here to identify the plants? - I do not come here to identify them, but the young man that has come here will do it.

WILLIAM BIRD sworn.

Q. Are you a gardener, in the employment of Messrs Grimwood, Hudson, and Barritt? - Yes.

Q. Do you know the person of the prisoner at the bar? - Yes, perfectly well. On the 17th of August, about half past nine in the morning, I came from breakfast, and morning, I came from breakfast, and went into the stoves, where I particularly remarked two small plants in the long stove, in pots, the elica masonia and the mesembrianthimum.

Court. That is a very common plant? - No, it is a common genus, but a new species.

Mr. Knowlys. Were they in a good state? - Yes. in perfect health, growing. From thence I returned back about my work, with Mr. Grimwood, and went to look out some plants to take into the packing shed, and from that I returned again after some more plants, and took them into the shed again, where I observed the prisoner at the bar in the packing shed.

Q. You had not observed him there before? - I had not.

Q. Was Mr. Grimwood there then? - No, he was not; I asked the prisoner how he did.

Q. You knew him before? - Yes; he told me he was pretty well, and asked me how old Mr. Grimwood did? I told him he was indifferent, but better than he had been for some days before; I then after I had set down the plants in the packing shed, returned with the young man that was with me, to go to Mr. Grimwood, junior, Mr. Wicks, the foreman, and a gentleman's gardener that was there, and as I was going with the hand barrow the prisoner followed me, when I turned to go up the walk, I observed the prisoner to go to the door of the stove house, open it and go in.

Q. Do you mean the same stoves where you had seen these two plants? - In the me range; I then proceeded to my ork.

Q. Did you take any notice of that? - I did not; in about half an hour after I had observed the prisoner going in, I and Mr. Wicks, the foreman, we were going to take up some more plants from the front of the stove of our beautifulls; there came a heavy shower of rain that hindered us from going there; we went into the houses where the plants were, on the curb of the bark beds; Mr. Wicks, the foreman, cast his eye on the shelf where these plants stood; the first plant I observed was a Botany Bay plant, called the banksieur gone, and the two plants I mentioned before; a turneria ulmiformia, and a Botany Bay jeslamine to be gone out of the pots also, standing on a shelf in the front of the stove; the elica masonia had a glass over the pot; I had took the glass up to look at it, and put the glass over it again; the mesembrianthimum was on the same shelf, but no glass over it. Then we went to the other house called the geranion house.

Q. Does it communicate with this? - No, it does not; we observed one plant gone which I called a geranion becanaton, which was purchased of Mr. Colvill about a month before.

Q. Was it of a particular kind? - Yes, it was.

Q. What did your master give for it? - About three pounds, or three guineas, I don't know which; that was taken out of the pot together with some others which have no specific name that I know of; we returned again into the stove, where we had been before.

Q. Did you miss any thing from thence? - Out of the bark bed a pot had been taken, the mould scattered on the bark, covered with a paper, and a pot thrown behind some other plants that stood there on the curb.

Q. Do you know what plant had been contained in that pot? - No, I do not, but we missed another plant taken out of the pot, and the pot still remained in the

bark bed, a plant called neamanthis multistora.

Q. Did you miss any others? - I believe there was, but I do not recollect them by name.

Q. How long after you had seen the prisoner in the garden, was it that you went into the stove and missed these things? - It might be about half, of three quarters of an hour, it was not more than that.

Q. Was the prisoner gone at the time that you made this discovery? - Yes. I believe he was, I did not see him afterwards.

Q. Shall you be able to identify the plants when they are produced? - Yes, I shall.

Q. When Mr. Wicks missed the plants, you discovered what you had observed? - I did.

Q. The prisoner had permission to come into your garden? - I believe he had.

Mr. Moore. I believe Mr. Grimwood is a nurseryman to a very considerable extent, to as large extent as any man? - I cannot say, he has got a very large assortment.

Q. In this hot house I take it there are a very considerable number of plants? - There are some considerable number.

Q. Your master, however large he deals, has not monopolized all the exotics in Europe? - Some, and some I have never seen any where else.

Q. Do you pretend to tell me that in glancing your eye along this house, you can identify the plants? - I went to see whether this elica masonia wanted water or not, and I lifted up the glass to see whether it did or not, and this mesembrianthimum, I went to see whether that wanted any or not.

WILLIAM WYKES sworn.

Q. I believe you are the foreman? - I am. On Monday, the 17th of August last, Mr. Grimwood and I, and William Bird, went into the great stove; I directly observed a plant pulled out of a pot, it was a Botany Bay plant, what we call a banksieur; I directly looked along, and I observed a little elica masonia gone, that was on the shelf, and I looked a little further and I observed a plant called the mesemorianthimum gone, and I turned round and looked into the bark bed, and I observed a sierra leona bulb pulled out of the pot called the neamanthis multiflora; then I observed a Botany Bay jessamine pulled out of the pot, in the same house; from that we went to a house called the geranion house, and from there I missed a geranion mecanaton, which was bought about a month before of Mr. Colvill of Chelsea; there were several other geranions taken, but they were of the bulbous kinds, they were dead down to the pots; one was a geranion penatum.

Q. What were the others? - New kinds, without any name, any further than geranions, I do not particularly recollect any thing else.

Q. About what time of the day was it that you went and missed these things? - Near about twelve o'clock, between eleven and twelve, I believe.

Q. Had you seen the prisoner that day? - Not that day. The evening before that I had observed the plants, I see nothing disturbed.

Q. I believe in consequence of this you applied for a search warrant? - I did, on the Friday following.

Q. Did you know where the prisoner at the bar lived? - I did not, I think it was about two days after that I gained that information.

Q. On Friday did you go with the search warrant? - I did.

Q. Did Mr. Colvill go with you? - No, Mr. Grimwood and an officer of Bow-street.

Q. Had Mr. Colvill been there before you went there with a search warrant? - Yes, he had.

Q. When you went in tell us what you found? - The prisoner at the bar was then at work, I think he was painting; Mr. Grimwood asked him if he had not plants of his? he said no; we then told him we must go up into his garden, and take him along with us; we went into his green house, and there I found twelve plants, the same that we had lost the Monday before, and on the premises I found four other plants, two in the garden and two in the green house, that we had lost before that time.

Q. Are they here to be produced? - Five of them are. The prisoner said he had bought them; he could not say where he had bought them, nor what he had given for them; he said this at Bow-street.

Q. In whose custody have they been ever since? - I have had them under my own care.

Mr. Moore. With respect to some of these plants you have mentioned, they are very common plants? - This sort of bankfieur is not a very common plant, there are more sorts of bankfieur than one.

Q. Supposing you had gone to Mr. Fairfield's house without the ceremony of a search warrant, from what happened when you did go, did not you find that you might have seen all these things without insulting this gentleman, and taking him up; was there any thing like concealment? - They were put into the house, except two, and the elica masonia had a glass over it in the house.

JAMES COLVILL sworn.

Q. I believe you are a nurseryman? - Yes.

Q. Do you know Messrs. Grimwoods? - Yes, very well.

Q. Had you sold him any plant of the name of geranion mecanaton? - Yes.

Q. About how long before you was made acquainted with this business? -About a month; they bought two, and gave me six guineas for two, a red one and a white one.

Q. In consequence of any application of theirs, did you go to Mr. Fairfield's house? - Yes, on Monday, the same Monday as the plant was lost.

Q. Did you see any thing of Mr. Grimwood's property there; I speak only of the geranion that you sold to him? - Yes, I see that on the prisoner's premises, the red one.

Q. Was that so particular a plant in its nature, that you was able to distinguish it so as to swear to it? - Perfectly; I received the information on Monday; on Thursday I went down to Fairfield's house with a little bill.

Q. In what part of the prisoners premises did you see this plant? - At the further end of the hot house; I knew it, it was not actually in the same state as it was when I sold, because the leaves were getting yellow.

Mr. Moore. You say this geranion was in the same state, only it was materially altered; a considerable alteration takes place in a month in a plant, I take it? - In some plants

Q. And there has been in fact an alteration in this plant? - The leaves were decaying.

Q. So this is the only geranion of that kind in Europe? - No, I have got several.

Q. And this you say was considerably altered? - There were only two leaves on it, it is not a fast growing plant, it is of a har I texture.

Q. You went to this gentleman's house with a little bill; now I ask you whether you did not go for the purpose of gaining information for Mr. Grimwood,

and the little bill was a mere pretence? - Yes.

Q. Mr. Fairfield is your customer? -He was about two years ago, or rather better; if I was in Mr. Grimwood's shoes I should be very glad for him to have done the same for me

Q. Mr. Fairfield has at different times bought plants of you? - He has, to a very small account,

Q. Did he manifest any unwillingness to shew you his plants? - He did not, I wish he had; when I went on Monday to Mr. Grimwood's, Mr. Grimwood the elder said, will you go and get a warrant along with my foreman, then on a second thought he said no, I will stay a little longer, very likely the prisoner will be shifting them; it was concluded he would let it alone for two or three days; I took the bill down that day, Mr. Fairfield was not at home; on Thursday Mr. Fairfield was at home, and he took me down his garden, very fond of shewing me his collection, to my great surprise I see all the plants that the foreman described to me, that they had lost on Monday, much more to my surprise I see the plants which they told me they had lost in the spring.

Mr. Knowlys. In short you went with this pretence of a bill, in the way that would create the least alarm or suspicion? - I did in some sort. but it was determined that a search warrant should be out.

Q. You say this geranion had two leaves, had it more when you sold it? - No, it had not.

Q. Then the only variation it had undergone was, that these leaves were becoming a little yellow? - Yes, it was.

Q. Was that plant of two years growth? - No, it was a cutting from one of my others, it was an established plant, or else Mr. Grimwood would not have bought it; it was a cutting from another the autumn preceeding, a cutting from one of my own, under my own eye all the time.

Q. Had you made other cuttings from your own geranion? - Yes.

Q. Have you sold those? - Yes, several.

Jury. As a gardener, if you take a plant out of the pot and move it, is it not likely to fall by moving of it? - No, it is not likely to fall, it is not a succulent plant.(The plants produced)

Q. To Wicks. Is that the same geranion mecanaton that you bought of Mr. Colvill? - I am sure it is, it had leaves on it when I found it, but by being pulled up the leaves are falling off; they are gone; the day I lost it the leaves were in pretty good health; when I see it at Fairfield's the leaves were yellow, from its being pulled up out of the pot, the breaking the roots; when I potted it again I observed the roots had been broke, it was taken away in his pot, but badly potted, and I have re-potted it since; I am sure it is the plant; it is alive now.

The elica masonia has been re-potted, this species is a very scarce plant, we cannot buy one under five guineas.

Q. Are you able to say that that is your master's? - I am sure it is; we had another.

Q. But are they commonly to be found? - They are not, it is very scarce by the price of it.

Jury. I should suppose it very improbable for such a tender plant to be pulled up by the roots, and to keep alive after? - That is dead.

Mr. Knowlys. Did you find any other of the kind on Fairfield's premises? - No other of the kind. At first fight I knew it.

Q. The mesembrianthimum are you able to swear to that? - Yes, I am.

Q. What is the value of that to those that are curious? - Half a guinea.

Q. Is that to be found in other gardens? - I never see it but in one. I am positive it is the plant.

Q. Did you find any other of the kind in Mr. Fairfield's premises? - I did not observe any. I also transplanted that.

Mr. Moore. I understand that these plants not only understand a change, but you also reported them? - I did.

Q. With regard to this geranion, may not a man who has interest with his Majesty's gardener, at Kew, have plenty of them? - I cannot say.(The three plants deposed to also by Bird.)

Q. To Bird. Can you swear positively to them? - I can; I never see two plants alike in my life, exactly similar.

Q. Are you now studying botany? - Yes. I have been with Mr. Grimwood a twelve month, and it has always been my delight.

Mr. Moore. From your knowledge of botany you tell us that you never see two plants like; there are other gentlemen here who will till you a different story. Are you sure that your knowledge of plants is such that you cannot be deceived in a plant? - I am not deceived.

Q. Has there not been persons discharged from Mr. Grimwood's service for stealing of plants? - There was one discharged under the apprehension of stealing trees out of the nursery.

Q. Supposing a gentleman should be here that should say that you told him last night, that there were two plants of a kind stolen, what will you say to him? - I will say that he speaks falsely.(Mr. Colvill deposes to the geranion mecanaton, as the one he sold to Mr. Grimwood.)

Mr. Moore to Mr. Colvill. There are two ways of speaking to your knowledge of a plant. I want to know whether you can speak with complete certainty to the identity of a plant? - That plant is booked against the firm for three guineas.

Q. But looking at that plant, supposing it to be potted and repotted, and by the change that would be produced at the expiration of a month, should you be able then to speak to the indentity of it? - Yes, I can.

Jury. Can you identify that from one of the other cuttings which you had made and disposed of? - We can tell the face of a plant, especially of that scarce sort, as well as we can tell the face of a man. This here was more singular than the rest, and it had not altered any in the time that Mr. Grimwood had it, and therefore when I see it first I knew it again immediately.

Prisoner. I have counsel who will conduct my defence.

Mr. Moore to Mr. Grimwood, junior. Did you know that the things that were taken at the prisoner's garden must be produced at the trial against the prisoner? - Not till I was informed by Mr. Bond, and when the examination was over Mr. Bond told us particularly to take them into our own care, for the better preservation of the plants, and that I was to produce them at Hick's Hall, as well as here.

Q. Did you hope to make out your case of felony with producing the things stolen? - I knew nothing of that matter at all. The plants were very illy shifted when found, as such we shifted them to a greater advantage of the plants, as we were in hopes of saving them; and had we not had permission of the magistrate, we should not have done so; I had my doubts whether we had a right to bring them away in Mr. Fairfield's pots; Mr. Bond told me we had. We turned them out of his pots, the earth not being proper for the plants to grow in, nor the mode

of planting, for the better preservation of them, we shifted them according to our knowledge.

Q. Do you think they would be the better for the purpose of shewing them to the jury in this case? - That was not the case. It was for the preservation of the plants, in hopes that they would live.

JOHN FRAZIER sworn.

I am a nurseryman.

Q. Do you consider yourself to have a competent skill in Botany? - By no means; I do not.

Q. How long have you made it your study? - I have travelled upwards of fifty thousand miles in search of plants.

Q. Did you hear this student of botany give his evidence just now? Do you think that he could have that certainty that he pretends? - There is no man on earth can say that, for there is a likeness of every plant on the face of the earth, of the same species and genera.

Q. Have you, when you have been positive to a plant, had occasion to alter your judgment? - I have. Indeed I would as soon swear to a turnip as to one of these plants. If my child was here present, and his life was at stake I would not give my oath of it.

Q. Should you have any back wardness to proclaim it if you had that knowledge? - No. I have discovered above three hundred new species, and fifty new genera myself.

Mr. Knowlys. I don't know whether you have been busied in the cultivation of plants or no - I have.

Q. Do you mean to distinguish that you cannot distinguish one cutting from another? - It is impossible for you to distinguish an heath cutting from another of the same kind, not after they are gone out of your sight.

Q. That is exactly the thing which I want to know, whether when you have the two cuttings in your hand, one is not perceptible from the other? - There is so little difference that if I was to turn about I could not tell which it was.

Q. You know cuttings have no flowers on them in their first cuttings? - Yes, I beg your pardon; for we never collect specimens without flowers.

Q. Do you mean to say you cannot distinguish one cutting from another of the same plant? - It is impossible. Good God! only ask yourself. I remember last spring I was so foolish and hardy enough to swear to a plant, when I had a caution given me by Lord Coventry, which I shall never forget.

Q. Then it is only since last spring that you have taken up the opinion that you cannot swear to a plant? - No, it never was my opinion, but Lord Coventry confirmed my opinion against it.

Q. Do you mean to say that cuttings of the same plant are all alike? - There is no other difference than a large cutting or a small one.

Jury. Does the face differ, supposing they are cuttings of the same plant, will the leaf alter and grow different from the other? - Yes, they will some times, when they are put under the glass one plant will grow quicker than another, and that will alter the habit of them.

Q. In a rare plant should you not take so much notice of that plant as to know it again? - By no means. There are plants such as these are that I could not swear to after I had sold them one day.

Mr. Moore. You have frequently sold plants to Mr. Fairfield? - I have; I sold him the plant neamanthis multiflora.

Mr. Knowlys. Did you ever sell him the geranion mecanaton, or elica masoma or mesembrianthimum? - No.

CHARLES SCOBY sworn.

I am a gardener, I keep a nursery ground at Chelsea, near where the prisoner lived.

Q. Have you made botany your study? - A little; I am not what they call a proficient, nor do not pretend to it.

Q. Did Mr. Fairfield ever buy any plants of you? - Yes, he has frequently.

Q. Supposing these two plants to have been in his possession a considerable time, and exchanged from one pot to another, do you think you should know them again? - Not at all; there might be a plant I might know.

Q. Would you depose to that knowledge, on oath, at the distance of a month? - No, because it grows out of your knowledge.

Mr. Knowlys. I would ask you supposing, for instance, you had any remarkable plant in your possession, and was to part with it for three or four days, do you think you should be able to swear to it again at that distance of time? - No, I would not swear to it. There might be a plant that I might know, but I would not go to swear to that plant, because it might alter during the time.

Q. You do not deal in rare plants. Have you any at four or five guineas? - No, I have not.

Q. You deal in the common sort? - In the common sort.

JOSEPH SCOWEN sworn.

I am in the gardening line.

Q. Have you paid any attention to botany? - No, sir, I have not.

Q. You sell plants? - Yes, in the common line.

Q. In regard to those that you sell, should you like to depose, on your oath, concerning those that you sell, after they have been out of your possession and potted and repotted? - Potting and repotting makes a material difference, that throws the plant into a decline.

Q. Into such a decline that you would not swear to it? - Not after it has been out of my sight for a time.

Mr. Knowlys. You deal in common sort of plants, but even there with respect to them that are not potted and repotted. and have left you but three or four days, perhaps you can swear to them? - It make a material difference whether they are taken out of the small pot and put into a large pot, because then the change of the roots has not that effect; if it was a small plant and has got small roots it might have that change that I could not swear to it.

Q. I ask you this, whether you could not identify a plant after it had been out of your hands three or four days? - If it was an old plant, and was taken out of a small pot and put into a large one, I don't think that it would have that effect on a plant but a person might know it. I am of opinion that a person may be deceived if a plant moves young.

Q. I would ask you whether you are at all conversant in these expensive sort of plants? - I am not; I know nothing at all about them.

LEWIS VIDELL sworn.

I am an artist.

Q. You paint flowers? - Yes.

Q. You have made the appearance of flowers your particular study? - Yes.

Q. Now I would ask you, even with regard to plants that you have been employed to paint and trace accurately, whether at the distance of a month or week, you could swear to that plant again? - It is not possible.

Q. Have you ever been conversant in rearing or raising of flowers? - I have not.

Q. If any man says that you can distinguish any plant at the distance of a

week, you do not believe him? - I do not.

Q. Your art calls on you to be exceeding attentive to the subject you are delineating? - Yes, for twenty-two years.

Q. Notwithstanding that, supposing you have been drawing a curious plant, and had been shewn that plant at the distance of a week, should you know it again? - I should know it to be the same kind, but not the same plant. I have found a difference between night and morning; I have drawn a plant by candle light, and the next morning I have been obliged to take a fresh drawing.

Q. Do you think if you was told to take notice of the plant for the purpose of recollecting it at the distance of a week, that you should know it? - I should not. I may say it was the same sort, but not the same plant. It is not possible for any man living to swear to it.

The prisoner called four witnesses who gave him a good character, and said, that he had been a painter to the King of France at six hundred pounds a year.

Not GUILTY .

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

Reference Number: t17950916-74

445. ANN CARDWELL was indicted for feloniously stealing, on the 1st of September , nineteen yards of white satin, value 2l. 17s. a yard and three quarters of yellow satin, value 4s. 6d. seven yards and a half of satin, value 22s. 6d. six yards and a half of white figured satin, value 1l. 3s. fifteen yards of black Turkey gause, value 1l. 15s. five silk handkerchiefs, value 35s. 6d. the goods of Thomas Brow and John Fowler , in the dwelling house of Benjamin Chandler .

JOHN FOWLER sworn.

I live at No. 31, Paternoster-row , a warehouseman . On missing several different articles of silk manufactured goods; I had a strong suspicion of the prisoner; on the 3d. of this month I applied to Mr. Alderman Boydell for a search warrant; on stating the particulars I had a search warrant granted me, and gave it to James Hall , one of the city officers, to search the premises occupied by the prisoner; she did live then in the same house with me, rented three rooms in the upper part, over the warehouse that we rented; the first floor is our warehouse, the ground floor is a butcher's shop; there is a kitchen on the same floor as our warehouse, and on the second floor is where the prisoner lived. The house is divided into two parts, and one part belongs to Benjamin Chandler that I rent my warehouse of, and the other half belongs to Mr. Wheatley, the prisoner rents her apartments of him.

Q. Does Chandler occupy any part of it? - Yes.

Q. Does Wheatley? - I cannot recollect; at present I don't know. I went up stairs between twelve and one, on searching the left hand room we observed two folding doors and a bedstead inclosed, and by the side of the bedstead, between that and the partition, there was a parcel of something wrapped up in an old curtain; I was the first that see it, and pulled it out; it contained various goods of silk manufactury, nineteen yards of white satin, seven yards and a half of grey satin, one yard and three quarters of yellow, six yards and a half of white figured satin, ten yards and three quarters of black cloak gauze, and nine eighths of pocket silk handkerchief.

Q. Who did these handkerchiefs belong to? - To me and my partner Thomas Brown.

Q. How did you know they were your property? - By the particular stripes and figures that were on the silks; there are no particular marks that I can swear to, but this piece of black garse, I have had a cloak cut off it, and here is the remainder all left, and this pocket handkerchief we had several of the same.

JAMES HALL sworn.

I went with Mr. Jones to search the premises belonging to the prisoner; and after Mr. Fowler had taken these things by the side of the bedstead, as he has related; I desired to search the prisoner, and out of her hand I took this pocket handkerchief, which Mr. Fowler said was one of his, and seventeen duplicates of different handkerchiefs, and a key which opened Mr. Fowler's warehouse door.

Q. Did you try it? - Yes, in the presence of Mr. Fowler.

- sworn.

This piece of black silk gauze I made for Fowler and Brown; I have not the least doubt. I made it out of my own head, without seeing any pattern.

Prisoner. I never see them till they were found in the room. They came between twelve and one o'clock and littered all my rooms. There were matter of nine or ten lodgers in the house. As to saying finding any duplicates and handkerchiefs in my pocket, it was not, it was in the drawers.(A number of handkerchiefs produced which the pawnbrokers had delivered up.)

MARY WHITE sworn.

I live in Little Britain, a pawnbroker; I have got a silk handkerchief brought the 3d of August, by a woman; who it was I cannot say; it is in the name of Wood.

Prisoner. I know it to be my property.

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

GUILTY, Of stealing, but not in the dwelling house . (Aged 68.)

Imprisoned one month in Newgate , and fined 1s.

Tried by the London Jury before Mr. COMMON SERJEANT

Reference Number: t17950916-75

446. THOMAS WOOD was indicted for feloniously stealing, on the 31st of August , a silver shoe buckle, with a spring chase, value 10s. the goods of Thomas Seare .

THOMAS SEARE sworn.

I am a silversmith and salesman , 31, Fish street-hill . On the 31st of August, between the hours of seven and eight in the evening, I perceived a pane of glass broke in my window, and I see a boy's hand taking something out; it was whole just before: I immediately ran out, and the prisoner was going away from the window; I ran after him and took him the corner of Thames-street, and brought him back into a back room that I had at the back of my shop; in this room there was a fire place; he stood with his back to the fire place; I examined him and found nothing on him. I perceived that he put his hands behind him while I was searching him; I looked behind him, and on the side of the Bath stove that was there, there was the buckle that I perceived him take out of my window. This is the fellow to the same that I lost, that remained in the window; the fellow I missed out of the window.

Q. Are you sure that the pair was in the window just before? - I am sure of it. I should observe to your Worship, that the window was cracked in the course of the day, and I was afraid of losing some property out, and I watched it; there was no hole in it; the corner was cracked as if a pen knife was put in; I had the corner of the same window broke once before, and then I lost three or four pair.

WILLIAM TURTON sworn.

I am a goldsmith; this boy lived two years with me; he left me about last Easter, on account of staying of his errands; he was a very good boy when with me; I have trusted him with hundreds of pounds, and he never made a mistake of a penny in his life.

Court to Prosecutor. Did you see any body else with him? - No; but there did appear to be a boy at some distance before him.

GUILTY . (Aged 13.)

Delivered to Mr. Turton, who agreed to take him again .

Tried by the London Jury before Mr. COMMON SERJEANT.

Reference Number: t17950916-76

447. WILLIAM TOUSE was indicted for feloniously stealing, on the 9th of August , twenty gallons of rum, value 20l. the goods of Robert Jones .(The case opened by -)

ROBERT JONES sworn.

Q. Did the prisoner live with you? - Yes, eight or nine months.

Q. In consequence of any information, what steps did you take to discover this robbery? - On Sunday the 9th of August, I took William Martin with me up stairs to a room where the prisoner lay; I asked which was his box?

Q. Did you search any box? - I did. I undrawed the nails. It was my box that the prisoner made use of.

Q. In searching the box what did you find? - A great coat and ten empty bladders in the pockets, and one bladder half full, makin, eleven bladders in the whole; a square case bottle, empty; a funnel, and a rope. I nailed the box up again, and sent the boy to Mr. Singleton, the person who recommended the prisoner to me; as soon as he came I asked for the prisoner at the bar; the servant told me he did not come in all night. I went away before he came in.

Q. Your house has two street doors? - It has; one opens into St. Mary-hill, and the other in Little Tower-street. I locks all the doors but that in St. Maryhill; I did it that morning; and I shewed Mr. Single on the condition of the box. I then told the servants if he came in in any time, for the maid to go to the country house, and the two servants to watch the door, at my neighbour's, which I had asked my neighbour's leave.

Q. This was Sunday. What time did you return on Sunday? - Between seven and eight in the evening; Mr. Singleton met me.

Q. Which of your servants did you find at home? - Touse, the prisoner at the bar; nobody else. I looked up for the two servants watching, and they came down and came over along with me.

Q. What became of the key of the street door in Tower-street? - I locked that up.

Q. On your coming in, did any thing pass between you and the prisoner? - I told him that I wanted him, and told him I must go to business, I wanted him up stairs. He came up stairs along with me, and I asked him for the key of that trunk.

Q. Was that the same trunk in which you had made the discovery the morning before? - It was. He hesitated, but opened it; I told him I knew the contents of it before; he began to rummage his box with his hands; I told him to stand off, I would examine it again. I lifted up one great coat, which I found very heavy with a bladder in each pocket, full of rum; I lifted up the other, and that was the same; there was a case bottle that was full; there was nothing in this box, of clothes, but the great coats, neither morning nor evening; I asked him what he had done with the empty bladders which I had found in the morning, in the pockets? he told me he burnt them; I told him that answer would not do for me; I desired my servant, Wootton, to go for a constable; he downed on his knees and begged I would forgive him that time; I told him it would not do. I asked him what he was going to do with the rum? he said it was for his own use; I told him it was a very large quantity. The constable came, and I gave charge of him, and I see him myself in the Compter. When I returned home, I desired the men to search after the other bladders. In that bed room where the servants lay, the dressing place, two were found full of rum; we found them all in the night, the eight other bladders we found round the house; I was in the house, but I did not see them pulled out.

Q. What quantity of rum was there altogether? - Upwards of twenty gallons, twenty-three or twenty-four gallons.

Q. With regard to the state of this rum, was it likely to be met with in the market? - Not at all; it was Jamaica rum just put into a large vat the over night, and which was not fine by Sunday morning; it was unfit for sale for a day or two.

Q. Did you gauge to see what was lost out of the vat? - I did not. I ordered a sample to be taken from the vat and a sample from the bladders, and I tried them with the hydrometer. There were upwards of two thousand gallons put into the vat the over night; the rum was exactly the same quality, the same degree of strength, and the same foulness.

Q. Where was this vat kept? - In the cooperage; and no one could get at it but by going in at the trap door over the vat; there was no other way of getting at the rum in the vat.

Q. You told us that you found a rope and funnel in his box; by the assistance of that rope could any vessel be let down to reach the vat? - Certainly.

Court. You have never been able to state exactly the quantity that was lost? - No, we could not tell what we put in.

Mr. Jackson. I believe you are a considerable dealer in this article you describe? - Yes.

Q. The prisoner was in a situation of the utmost confidence? - He was a clerk in my house for nine months; he was what they call a posting clerk.

Q. In that situation, among other cares, he had that of notes and bills to a considerable amount? - Very seldom, sometimes he might.

Q. You, of course, kept your valuables in a safe? - I did.

Q. Did it happen that in any acts of confidence the prisoner had the key occasionally? - Never, only of the outer door; never had the key of the iron chest, only where the books lay.

Q. On these occasions, when you have trusted bills and notes, and other valuable effects of that description to his care, have you had any reason to suspect his fidelity? - None.

Q. I believe he had the good fortune

to be well recommended to you? - By a gentleman that I know.

Q. Now, sir, another question. In your wholesale line of business, does it not happen sometimes to clerks, and to different servants in that situation, to deal privately and by retail among their friends? - I don't know. I don't allow it, and I have been thirty years in trade. I never heard of one in my life.

Q. Have you not learned it from your brethren in trade, as a common practice, that such servants do so? - I have not.

Q. You are perfectly aware that in such an article as rum, there is a very large trade carried on by sinugglers? - I know nothing about it.

Q. Do you believe that smugglers deal in rum? - I don't know that they do.

Q. I would ask you whether you ever did keep your rum either in bladders or in case bottles? - I never did.

Q. Without asking you as to smugglers, are there not subordinate traders in your way who do keep their liquors in bladders and case bottles? - I never heard of it in my life; it is not a proper thing to keep it in.

Q. When you opened the box on Saturday, you had waved the little ceremony of a peace officer, and in the presence of the prisoner? - I took my little boy with me. It is not his box, it is mine; but he kept the keys without any liberty of mine.

Q. On Sunday, by your description, you set a pretty assiduous watch over him, and left no one person in the house but himself? - I ordered them all away.

Q. One other little plan was that of ringing very frequently at the door, to know what part of the house he was in? - I know nothing of that.

Q. Is it a usual thing to leave your house with only one servant? - Never before without two, one clerk and one maid.

Q. Did you learn from your servant that any person rung in the course of the day? - I did.

Q. He might have gone out, in point of fact, in the course of the day? - Yes; but he could not lock the door after him.

Q. On Sunday night, when you described to him that you must now go about business, he readily gave you the key, and was about to examine the box himself? -He did not readily give the key.

Q. Although you was assiduous enough to form this extensive scheme of his apprehension, it did not happen for you to gauge the vat to see whether any was lost or not? - I could not.

Q. In the first place, how much migl you find in the box of your's? - Four bladders full, and the case bottle full.

Q. Where did you find the other bladders? - I did not find them; the servants found them; two were in the room where he lay, in a dressing table.

Q. Did any other person sleep in that room? - Yes, two more.

Q. Then if they had been equally disposed, the rum might have belonged to them? - I don't know nothing about it.

Q. How many servants have you? - Three lay in the house, and three out of the house; I have about eight servants in all.

Q. As to the proof of the Jamaica rum, there may be much about town in the same state and strength? - I mean to say this of that rum that was in this vat, there was none besides this in that state.

Q. If another dealer in rum should put Jamaica rum, on Saturday night, into his vat, it would be as foul on Sunday morning? - It might be as foul, but not the same degree of strength. It is not imported from the West Indies in the state I put it in, it is lowered.

Q. Then whether other merchants lower their liquors to exactly the same tone,

you cannot tell; but may it not happen to be that others may lower it the same as you yourself? - To be sure.

Q. Will not putting rum in bladders and keeping it there, make it of a souler description than if it was kept in another place? - I know nothing of keeping it in bladders.

Q. Has it happened to you to learn of those that you set to watch, that the prisoner, when he came in on Sunday morning, came in with a bundle under his arm? - I don't know that.

Q. When the prisoner fell on his knees did not he implore that you would not accuse him wrongfully, nor risk his character? - He begged for mercy, and hoped as it was the first time, that I would forgive him.

Q. If it had turned out that you found him selling smuggled rum, would you not have turned him away? - I certainly should.

Court. You say you left him in the house alone? - I did, for that purpose, to see what he would do.

Q. Could he have gone out and shut the door either with the key or the latch? - There was no latch on the door, only two bolts and a chain.

Q. So it was impossible for him to go out without leaving the door open? - It was, which I told the other people, if he went out to take care of the door.

WILLIAM MARDLE sworn.

Q. I believe you was a fellow servant with the prisoner? - I was.

Q. On Saturday night tell us what past? - I went up with Mr. Jones and examined the box that Touse's things were in; we found in it eleven bladders, one of them might have about two quarts in it, somewhere thereabouts.

Q. How were the other ten? - Empty, most of them in his two coat pockets, which were in the box; there was a square case bottle, two sample vials which had some liquor in them, there was a funnel and a cord.

Q. Did you see Touse the next morning, Sunday morning? - Yes, I did.

Q. What time did he come home? - Near about eleven or twelve o'clock.

Q. Did you stay at home that day? - I did not. I believe we all went out and left Touse by himself. Mr. Jones gave me charge to go over to the opposite house in St. Mary-hill, and watch, to see who went out and went in.

Q. Was Wootton a fellow servant of your's? - Yes. I believe he went home; he came to me about six o'clock in the evening.

Q. Did you watch? - I did. There were three people came to the door, one was the milk girl, and another was a person with a pair of shoes, which Touse took in, and the other was a person that came to enquire for one of our maid servants.

Q. When your master came home, what time was it? - Between eight and nine o'clock. Wootten, and me, and Mr. Singleton, and Mr. Jones all went in together; we all went up stairs, into the room where the prisoner was; he was cooking a beef steak; Mr. Jones told him he must proceed to business, and he must come into the other room; that was the room where we sleep, and where the box was found.

Q. Did you sleep in that room? - Yes, and Wootten.

Q. Did you go into that room? - I did, and all of us. Mr. Jones asked the prisoner for the key; which, I believe, he produced, and the box was opened; we found two great coats in it, and a bladder in each pocket of his great coats; four bladders; Mr Jones, I believe, took hold of the coats first; they were full, and the case bottles full. The prisoner came down on his knees and hoped Mr.

Jones would forgive him; and said, it was only for his own private use. Mr. Jones told Wootten to go for a constable, and Mr. Jones told him to follow him down stairs, which was before the constable came; we went into a small room, when the constable came I went for the coach, and they went away; I stopped behind.

Q. Did the prisoner say how he had come by the rum? - No, he did not. Mr. Jones asked him what he had done with the remainder? He said, he had burnt them, as he was in fear something would be found out; that was when we were in the room up stairs. We found six or seven bladders more that evening; we found two in the same room where the box was, and four more about the premises, in a house that was in the yard; they were covered up with shavings; they all contained rum.

Mr. Jackson. Were you one of those that let the prisoner in on Sunday morning? - I was. He brought a bundle, under his arm.

Q. You was one of those that was set to watch the whole of the Sunday? - Not the whole of it.

Q. Was you relieved that day? How many watchman might have been on this poor fellow that day? What was your hour of duty? What time did you finish? - I came there about half after one, and staid there till Mr. Jones came home.

Q. Then of course you see these three persons. Did they wait a long time at the door? - They waited about five minutes or thereabouts, as the kitchen was up three pair of stairs.

Q. Has it ever happened to leave this man, or any other person in the sole possession of the house before? - I think it has.

Q. Were you one of those that told the prisoner that you was to go out that day yourself, and you would thank him, if he would be so good as to take care of the house? - I did not, it was my turn to go out.

Q. Then we have got the eight bladders to six, I believe; two about the room and four about the premises? - Yes, and another we found two or three days after.

Q. How many servants does your master keep about the premises? - Four in the house, and two clerks out of the house.

Q. Which of them servants the bladders belonged to you can have no idea? - I don't know whom the bladders belonged to.

Q. Don't you know that servants to distillers and liquor merchants deal privately among their friends? - I don't know of any such thing.

Q. Don't you recollect of having heard of such a thing? - I do not.

Q. When you came home you did not find the prisoner concealing the rum, but cooking a beef steak? - He was.

Q. This person was in the situation of posting clerk? - He was.

Q. Rather a valuable and respectable situation in the house, I believe? - Yes.

Q. You never heard of Mr. Erwig's brother, your fellow servant, wanting that place? - Never.

Q. Mr. Hardwicke is one of your fellow servants? - He is.

Q. Mr. Hardwicke assisted the search? - He did not till after we found the last four bladders.

Q. Did not he say that he thought he could tell where it was? - No; he thought it was somewhere or other concealed.

Q. But has Mr. Erwig a brother? - I have heard him say that he has two brothers.

Q. Have not you heard him express a wish that he could possibly introduce him into Mr. Jones's service? - I did not.

Q. Suppose that rum should be put into a bladder, would it be as fine in that small quantity as it is in a large vessel in a body? - I cannot say that.

Q. Your's must be a mislerious business then. If it had happened that any of you, in a respectable and wholesale house like this, had been detected by your master dealing privately for yourselves, he would have thought it a great offence against him? - I suppose so.

Q. And if he had found you dealing in smuggled rum, he would have been more so? - I suppose so.

Q. You would naturally have intreated him to forgive you? - Very possibly.

JOHN WOOTTON sworn.

Q. Were you desired to watch this door by your master - I was.

Q. Were you present when your master came home? - I was.

Q. You went up stairs with him to this room where the box was. When you came up there, tell us what past between your master and Touse? - Master asked him for the key of his box, on which he hesitated a little to give it him; Mr. Jones opened the box, and directly as he opens the box, Mr. Jones orders me to go for a constable.

Q. Did you see what was in the box? - I did afterwards. There were four bladders in his great coat pockets, two in each great coat.

Q. Did you hear the prisoner say any thing? - No. I went out of the room.

THOMAS STAPLETON sworn.

Q. I believe you as a friend to the prisoner at the bar, had recommended him to Mr. Jones's service? - Yes.

Q. Did you go with Mr. Jones on the Sunday evening, when this discovery was made? - I did. Mr. Jones said to him, we must go to business; and went to the bed room; he said to Touse, open that box. In that case Mr. Jones found four bladders, a case bottle vial, and, I believe, two or three vials full of rum. The prisoner seemed very much agitated, and he sell on his knees and asked pardon of Mr. Jones, hoping he would not hurt him; Mr. Jones finding his property, said, you shall go to the compter; he said, he hoped he would have mercy upon him. The constable came, and he was taken to the compter.

Q. Were you present when any of the bladders were found? - I was not.

Mr. Jackson. I understand that Touse, on being asked, opened the box readily enough? - He might have seemed a little confused.

Q. As any other smuggler would. You stated the sample vials; are there any servants allowed them by courtesy? - I never should think my servant had a right to them.

Q. You, perhaps, are also in the wholesale line of business. How long did that young man live with you? - He never lived with me at all.

Q. You are in the wholesale line of business; be so good to state candidly to the court, whether amongst you liquor merchants, servants do not deal for small quantities among their friends? - Not knowingly to me. I should not employ a servant that I knew did so.

Q. Is it your belief that there is such a practice? - I cannot say the fact as to that; I don't know of any such thing.

Q. Have you not heard conversation among your fellow trade that such things are? - I do not recollect that ever I did; and I will take my oath of it.

Q. Perhaps you know that smugglers do, in point of fact, deal in rum? - I never knew what smugglers do. I have heard tell of such things.

Q. Then, perhaps, you have heard the mode in which they convey it about town is either by bladders or case bottles? -

It is a business I know nothing at all about.

Q. How long have you been in business? - I have been in business a dozen years.

Q. Will not rum put into bladders, appear fouler than that kept in casks? - No, I should think it would be the same brightness.

Q. Perhaps it was not in your hearing when this young man was offered to go for a soldier or sailor? - Yes, I heard the offer made before the Lord Mayor.

Q. And he preferred meeting the jury of his country.

Prisoner. I am innocent of that that is laid to my charge; and I shall leave it to my counsel to plead my cause. I bought the liquor for my own private use of a smuggler.(The rum produced by the prosecutor, and deposed to by the hydrometer, sight, and taste.)

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

GUILTY . (Aged 33.)

Transported for seven years .

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

Reference Number: t17950916-77

447. THOMAS BROCKLEBANK and ALEXANDER TOZER were indicted for stealing six gallons of brandy, value 3l. the goods of Matthias Lucas , being in a lug boat on the navigable river Thames .

MATTHIAS LUCAS sworn.

In consequence of information from my apprentice, I had the prisoners apprehended.

JOHN LUCAS sworn.

I gave charge of the boat to Samuel Turner , the prisoner, on the 23d of May.

Q. What was there in the boat? -Eleven puncheons of brandy The goods were sent down on board the ship by one William Spike .

Q. All you know further is from the apprentice? - Yes.

Q. That apprentice is admitted King's evidence? - Yes, he is.

Not GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17950916-78

448. JOHN COOKSLEY was indicted for that he, on the 30th of May 1794, was married to Ann Sharlott , at Alberton, in the county of Devon, afterwards, on the 1st of August 1793 , in the parish of St. Michael, Wood-street , was married to one Grace Roberts ; and on the 4th of July last, was taken for the same offence, in St. Clement, Danes, Middlesex .

WILLIAM SHARLOTT sworn.

The prisoner was married to Ann Sharlott in the year 1784; I have the certificate; when I heard that he was married to this other woman I wrote down for the certificate to my sister.

Q. Can you prove the hand writing? - I cannot.

Q. Were you present at the marriage? - I was not.

Not GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17950916-79

449. MARGARET COX was indicted for breaking and entering the dwelling house of William Grayson , about the hour of four in the afternoon, on the 16th of July , Ann Winstanley and Phoebe Elson then being therein, and feloniously stealing therein, a blanket, value 5s. a linen sheet, value 2s. a cotton bed curtain, value 5s. the goods of the said William Grayson .

WILLIAM GRAYSON sworn.

I live in Great White Lion-street, St. Giles's ; the prisoner got into the passage door, and she broke open the one pair of stairs room.

Q. The house is your's? - Yes, the passage door happened to be left open; she was catched in the room, the lock was forced out of the socket, and the hinges of the door were forced.

Q. Who was the last person in the room, before she went up? - My daughter, she is not here, she is only twelve years old; I was out at the same time, but I came home and found her in the room, I was not a quarter of an hour from my own house.

Q. Were the things removed from the place from where they had been before she went in? - Yes, one blanket was taken off the bed, and a linen sheet, and a cotton bed curtain; she was catched in the room by a lodger of mine, coming down stairs.

ANN WINSTANLEY sworn.

Q. Were you a lodger in this house? - Yes.

Q. Were you at home at the time of this robbery? - Yes.

Q. Was Phoebe Elson in the house? - Yes; I had been out, and coming up stairs I see the prisoner coming out of the room and the things in her apron, and I stopped her, she was in the room, the one pair of stairs front room; I asked her what she wanted? she said she had got some linen from one Mrs. Peter's of Saffron hill, to wash, and when she saw that I knew the things, she turned them down singly on a chair, the blanket, quilt, and curtain; I took them in my own care, and have had them ever since: I can swear that the curtain is Mr. Grayson's, because the fellow to it is to the bed.

Q. Was it a room you live in? - No, Mr. Grayson, I cannot speak to the sheet or blanket, no otherwise than taking them from her arm.

Q. What may be the value of this curtain? - Five shillings, if I was to purchase it I should not begrudge that for it.

Q. What would the sheet sell for? - Two shillings

Prisoner. She demanded of me the price of five sheets in the New Prison, and she said if I would give her a guinea and a half she would let me go.

Winstanley. The prosecutor lost five sheets the same day, but he did not charge her with it in my hearing; he went to see her in the time of her confinement, and told her that if she would own whether she had the five sheets or not, that he would favour her, and she denied it.

Court. Is it true that you offered to take a guinea and a half? - It is not, nor did I accuse her with the theft.

PHOEBE ELSON sworn.

Q. You was in this house? - I was; Mrs. Winstanley called me down stairs to fetch Mr. Grayson to her assistance; I see the prisoner at the bar standing in Mr Grayson's room, the things lay in a chair, which she is charged with; she said she did not know how she came there, and wished to be searched.

Q. Was she accused of taking up any particular things? - Yes, the cotton curtain, sheet and blanket; Mr. Winstanley told her before us, and she replied that

she did not know how she came there.

Q. Do you know at all how she got into the room, whether that room door was locked in the course of the day? - I cannot pretend to say, it is generally locked; the bottom hinge had been forced.

ROBERT NORMAN sworn.

I am a salesman in Monmouth-street, and an officer of the parish; Mr. Escot, a person that is here present, came over to me, and desired me to step over to Mr. Grayson's, so accordingly I went over, and found the lower hinge of the door forced open, and the lock was forced back by some instrument or other; I went into the room, and found these two women, witnesses here, with the prisoner; I asked what she had done? the first woman told me that she found her in the room with these three articles in her apron, a bed curtain, sheet, and blanket, which were then laying on a chair, and I told her to take care of them.

Q. Did the prisoner deny that they were in her apron? - She did not, I asked her why she came there? she kept crying, and did not say any thing particularly, but before the magistrate I asked her what business she had there? she said she was looking for a washerwoman that lived on Saffron-hill.

Prisoner. They searched me and found nothing on me; when this woman took me in the room, I had a bundle of my own with me; the justice of peace asked them if they found any thing on me of instruments to open this door, and they said I had no instruments on me. I am a soldier's widow, my husband was killed at Point Peter; and I made a mistake in calling at the house, being quite a stranger to the town, I was on the stairs below, knocking at the door when this woman arrested me.

Court to Mrs. Winstanley. What time was it you see the prisoner with the things? - About a quarter after four.(The things produced and deposed to.)

Prosecutor. This casement hook was found in the room, some of the women picked it up that came to my assistance, in the room.

Winstanley. This was brought down the day after the robbery, by his char-woman.

GUILTY, Of Stealing, but not of breaking and entering . (Aged 31.)

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17950916-80

450. SARAH BENTLEY was indicted for feloniously stealing, on the 27th of July , two cotton gowns, value 5s. a cloth cloak, value 5s. a check linen apron, value 6d. a muslin check handkerchief, value 6d. and a shawl handkerchief, value 1s. the goods of John Taylor .

JANE TAYLOR sworn.

Q. Are you the wife of John Taylor ? - Yes.

Q. Where do you keep house? - At Highgate .

Q. Was the prisoner a servant of your's, or a stranger? - I took her in and educated her, and brought her up; on Monday morning, the 27th of July, I went to fetch a little water, I left that girl in the house the while, and when I came back she was absent, and I was robbed; it was about eight o'clock in the morning. I missed all the things immediately as I came home, from one box.

Q. Was that box locked? - Yes.

Q. Was that box broke open? - Yes. I see the things again at Marlborough-street, the Wednesday following; my husband see them the same evening.

JAMES ALDENS sworn.

I am a pawnbroker. On the 27th of July, near twelve o'clock, the prisoner at the bar came to my shop, she brought the gown to pledge, I stopped her with the gown, and I took from her the things that are produced; she told me she came out of the country, and had no friends; I took her to Marlborough-street.

Q. Did you deliver there the things that you took on her? - Yes; she had a box with her, and a great many things in it; I stopped her and the box, and sent for an officer, I found that the gown was not her size; I told her she had better go to her friends in the country, and I should stop her till I found who they were.

JAMES KENNEDY sworn.

I am an officer belonging to Marlborough-street office; I produce a scarlet cloak, two cotton gowns, a check linen apron, a muslin neck handkerchief, and a shawl handkerchief, one of the gowns I took from the prisoner's back, and the scarlet cloak; the other gown was with the bundle; the white handkerchief was about her, the shawl was in the bundle.

Q. You have kept them till now? - Yes; I took them from the prisoner at the bar at the office; Mr. Alden's, the pawnbroker, brought her to the office, and we enquired who she was, and she would not give any account; however I went to Highgate and found out her master.(The things deposed to.)

Prisoner. I have nothing to say.

GUILTY . (Aged 16.)

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17950916-81

451. WILLIAM ROLLISTON was indicted for burglariously breaking and entering the dwelling house of Nathaniel Dawson , about the hour of twelve in the night, of the 16th of September , and burglariously stealing therein, a mahogany desk, value 2l. 12s. 6d. three pair of plated salt holders, value 1l. three razor cases, value 16s. twelve rasors, value 5s. three pair of steel scissars, value 4s. his goods .

NATHANIEL DAWSON sworn.

I live in Huggin-lane, Wood-street, Cheapside . On Thursday morning I was informed that my house, No. 8, in the Strand, was broke open; two partners of us has the house together.

Q. Does your partner live in that house? - No. neither one of us.

Q. Don't you keep servants there? - None, it is an empty house, only there are goods in the shop.

Q. How long is it since any body has resided or slept there? - Three weeks or a month.

Q. Did you leave beds there? - No.

Q. You keep it merely as a sale shop? - Nothing more. Thursday morning I was alarmed that the house was broke open, and I went up there immediately, and I was informed that a man was in St. Martin's watch-house, and I went to see him, and the constable of the night told me that was the man, and told me to be at Bow-street by eleven o'clock.

Q. When you went up to your house on this alarm, did you find it had been broke open? - I did; I missed a writing desk, three pair of plated salt holders, &c. from the shop.

Q. Have you recovered any property you missed? - None.

Q. Why do you impute it to the prisoner? - I know nothing at all about it.

Q. You have a partner in this house in

the strand; is he not a partner in your business? - Yes.

Q. Then half the part of the articles in the house is his as well as your's? - They are.

Not GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17950916-82

452. JOSEPH BROWN was indicted for burglariously breaking and entering the dewlling house of John Fonblanque , about the hour of ten in the night, of the 29th of July , and burglariously stealing therein, a mahogany knife case, value 10s. twenty-four table knives and twenty-four table forks, value 1l. twelve desert knives, value 4s. twelve desert forks, value 4s. a silver sugar ladle, value 5s. ten child's linen shirts, value 10s. and four pair of child's cotton stockings, value 2s. the goods of the said John Fonblanque .

JOHN ELLIS sworn.

Q. Do you live in Mr. Fonblanque's family? - I do, as his clerk, No. 17, Charlotte-street, Bloomsbury .

Q. What is his Christian name? -John. On Wednesday, the 29th of July, about half past nine, I went from the New square, Lincoln's-inn-fields, to Charlotte-street, Bloomsbury, home to sleep; on going up the steps I attempted to ring the bell for admission, I believe it was then ten minutes before ten; on going up the steps of the street door I was going to ring the bell, but on turning my head I see the door was on a jar; I then did not ring, but pushed the door open with my hand; at the foot of the stairs in the passage, I see the prisoner at the bar and another man, each with a knife case in their arms, on seeing them three I asked them what they wanted? there was a lamp in the passage, they were under that lamp; on asking them what they wanted the prisoner at the bar, who was nearest me, answered, it is only a mistake; I then said, what do you mean by a mistake, you have been robbing the house, they said they had not, both of them, the prisoner said again it is only a mistake; I asked them what business they had with the knife cases in their hands? they made me no answer; the prisoner attempted to pass me, being first; I stopped himm, and laid hold of him by the collar, and told him be should not go till he could give me a better account of himself; a struggle then ensued, and the prisoner attempting to escape made his escape down the steps of the door; I had still hold of him; his companion was a distance behind at the foot of the steps; finding he could not get from me, he threw down this knife case on the pavement; he then threw back his arms as if he would have struck me, but he did not; on his throwing down the knife case his companion passed, and ran away, on his running away I called out steop thief! and watch! several times; I still kept hold of the prisoner; on my calling out watch, a watchman and a number of people came to my assistance; I delivered charge of the prisoner to the watchman, and at my feet lay this knife case, which I took up and took it into the house, and I found it contained twelve knives and eleven forks, the knife case was broke to piece, I took and set it down, and knocked violently against the door, and two of our maid servants came up; on my first going in to the door I see no marks of violence whatever, the door was in its usual state, and the key hanging on the arm of the chain, where it ususally does; I went up stairs for a pistol, and I searched the rooms, and found nothing material; the same night I missed, besides the two knife cases, a

trunk; I don;t know what the trunk contained; I went to the watch-house and the prisoner was there, and there was produced to me a spoon which I believe to be the property of Mr. Fonblanque.

Q. Can you identify any of the property? - The knife case I can; the knife case was on the side board in the front parlour, close to the passage, and the trunk was in the passage up the stairs; I see the knife case before I went out, about six o'clock in the evening.

Q. Are you a judge of the value of these things? - Not particularly I am not.

Q. Have you any doubt that that is the knife case of Mr. Fonblanque? - I have not the least doubt.

Mr. Knowlys. How long had you lost sight of the person, whoever he was, before you got the watch-house? - About ten minutes; from the time that I delivered him to the watchman, and the time that I see him at the watch-house, might be about ten minutes.

Q. You gave charge of the same person to a watchman? - I did.

Q. Now I would ask you whether you did not pitch on a person that did not turn out to be the prisoner at the bar, when you got to the watch-house? - No, I did not, I am quite sure of it; the prisoner at the bar was among a number of others, and he was behind them, and I looked about till I see him.

Q. Did you never pitch on another man first? - No.

Court. Are any of these servant girls of the house here? - They are not.

Q. Then how do you suppose these men got in; can you give any account of it? - I cannot.

VALENTINE RUMLEY sworn.

I am the watch house-keeper of St. Giles's.

Q. Look at that young man, Ellis, did he deliver to you a prisoner, at any time? - Yes, on Wednesday, the 29th of July, past ten o'clock, the prisoner at the bar, on suspicion of breaking open the house, and taking knives and forks; I searched him, and found a silver strainer in his pocket, and two or three keys belonging to his father.

Q. You have kept the strainer ever since? - Yes.

Q. To Ellis. Does that belong to Mr. Fonblanque? - I believe it does.

Q. You missed such a one? - I did, from a plate in the closet, in the same parlour where the knives were taken from, it was supposed to be left on the side table where the knife case was.

Q. When had you last seen it? -Some days before, in the closet of the parlour, the crest is exactly the same, a family crest, a helmet.

Prisoner. My defence I shall refer to my counsel, and rest on the mercy of you and the gentlemen of the jury.

The prisoner called eight witnesses who gave him a very good character, said he had been an apprentice to a taylor, and lately had worked with his father in the bricklayering line.

GUILTY.

Of stealing to the value of 39s. and not breaking and entering.

Judgement respited .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17950916-83

453. PETER LANGLEY was indicted for feloniously stealing, on the 21st of August , half a guinea , the money of