Old Bailey Proceedings, 13th January 1796.
Reference Number: 17960113
Reference Number: f17960113-1

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 13th of JANUARY, 1796, and the following Days, BEING THE SECOND SESSION IN THE MAYORALIY OF The Right Honourable WILLIAM CURTIS, ESQ. LORD MAYOR OF THE CITY OF LONDON.

TAKEN IN SHORT-HAND BY MARSOM & RAMSEY, Published by Authority.

LONDON; Printed and published by W. WILSON, No. 15, St. Peter's-Hill, Little Knight-Rider-Street, Doctors' Commons.

1796.

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

BEFORE WILLIAM CURTIS , Esq. LORD MAYOR of the CITY of LONDON; the Right Honourable Sir ARCHIBALD MACDONALD , Knight, Lord Chief Baron of His Majesty's Court of Exchequer; the Right Honourable Sir JOHN HEATH, Knight, one of the Justices of His Majesty's Court of Common Pleas; Sir ALEXANDER THOMSON , Knight, one of the Barons of His Majesty's Court of Exchequer; Sir JOHN WILLIAM ROSE, Serjeant at Law, Recorder of the said City; JOHN SILVESTER, Esq. Common-Serjeant at Law 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.

First Middlesex Jury.

Martin Robinson .

Solomon Erwood .

Francis Feather .

Joseph Simpson .

Charles Charlesworth .

John Wilmot .

Cornelius Paas .

Thomas Griffiths .

Edward Bradley .

John Fullford .

Edward Powell .

William Phillips.

Second Middlesex Jury.

William Napier .

William Bailey .

James Scarlett .

William Smith .

Hugh Russell .

Samuel Wilson .

George Newport .

John Norborn .

Alexander Marshall .

Emanuel Thorley .

John Scott .

Robert Proctor .

London Jury.

William Roberts .

Thomas Hargrave .

Robert Huddy .

Thomas Barber .

Thomas Pearson .

Joshua William Strahan .

John Stribblehill .

Jeremiah Kelly .

Robert Howard .

Isaac Dixon .

Martin Tree .

John Jones .

Reference Number: t17960113-1

58. JOSEPH FRANCIS BODKIN was indicted for feloniously stealing, on the 1st of June, a watch with gold enamelled case, set with diamonds, value 40l. a cluster diamond ring, set in gold, value 81. a rose diamond ring, value 50s. twenty-one pieces of foreign coin, value 20s. and a piece of silver coin, called a shilling, value 12d. the property of Isaac Ardesoif , Esq. in his dwelling-house .

ISAAC ARDESOIF, Esq. sworn.

Examined by Mr. Trebeck. I live in Church-row, Hampstead ; The prisoner at the bar was my servant ; he came into my service about five or six months ago; I keep my property in an iron chest, in a closet; I was formerly a watchmaker and jeweller; I am now retired from business .

Court. Q. When did you see your property last before it was stole? - A. Five or six days I had the diamond cluster ring on my finger.

Q. Did you lose a gold enamelled watch? - A. Yes.

Q. Where used you to keep that watch? - A. In an iron chest in a closet; I always kept the key of that closet in my pocket.

Q. Had the prisoner access to that closet? - A. Never, except he took the key from me; he slept in a room below, very near that closet.

Q. Was it on the same floor with that closet? - A. Yes; except there was one room between.

Q. What was the prisoner's employment at your house? - A. Footman; he used to undress me every morning and every night; I generally put the key upon the table in my room, and several times missed some guineas; I slept up two pair of stairs, and the front floor was broke open.

Q. Did you lose a double cluster diamond ring? - A. Yes.

Q. How long was it before you lost that ring that you had seen it? - A. Two or three days.

Q. Was a double cluster ring set with diamonds part of the property stolen from you? - A. Yes.

Q. Have you ever seen that ring since? - A. Yes, at Bow-street.

Q. How long after? - A. About two months.

Q. Twenty-one pieces of foreign coin, did you lose them? - A. Yes.

Q. When did the prisoner leave your service? - A. About two months ago.

Q. Did he leave you before the house was broke open? - A. I turned him out directly.

Cross-examined by Mr. Knapp. Q. I understand the prisoner at the bar used to dress and undress you? - A. Yes.

Q. So did the other servant that lived with you before, did he not? - A. Yes, sometimes.

Q. Were those things in the same situation in the chest while that other servant lived with you? - A. Yes.

Q. Have you always kept them in that chest? - A. Generally.

Q. How long had the other servant gone away? - A. Seven or eight months.

Q. What is become of him? - A. He is in place; he lived with me twenty years.

Q. How long after he left your service had you seen the things? - A. Two or three months.

Q. You charge the prisoner with having stolen the things contained in this indictment? - A. Yes.

Q. How lately before had you seen the watch? - A. About three months; I saw every thing when he was at my house.

Q. When your other servant lived with you, did you leave the key upon the table? - A. Yes.

Q. How many servants do you keep? - A. Five.

Q. How many men servants? - A. One gardener, one footman, one boy, and one coachman.

Q. All of them knew where this closet was? - A. Yes; but nobody went into the closet but this fellow.

Q. Have not you charged servants with having robbed you before? - A. No; never.

Q. Had not you a person in your service of the name of Gibbs, a woman servant? - A. Yes, the cook; the never came into my room.

Q. Did you never charge her with having robbed you? - A. No; I accused her of having cheated me of 10s.

Q. Did you not charge her with having goods belonging to you in her box? - A. Never.

Q. I will put it again; did not you charge Gibbs with having your property in her box? - A. I opened her box, because she charged me 10s. upon the butcher's bill, and I wanted to see it she had got it in her box; I looked into it to see, but I found nothing.

Q. Did you pay her her wages when she went from your service? - A. I did; and stopped the 10s. out of it.

Q. Did you pay her her wages till she brought an action against you to compel you to pay it?

Court. Q. What can that have to do with this business.

Q. Your servants had persons backwards and forwards to visit them? - A. Sometimes they had.

Mr. Trebeck. Q. Did Ann Hayles come to see any of them? - A. Yes; she came to see Bodkin.

Mr. Knapp. Q. Your house was broke open? - A. Yes; the very same night.

Q. You never found out the persons that broke it open? - A. No.

Q. The prisoner had left your service at that time? - A. Yes.

Q. Had you ever missed your property till after your house was broke open? - A. No.

Q. The prisoner was taken up for that offence, and discharged? - A. Yes.

RALPH HACKWOOD sworn.

Examined by Mr. Knowlys. I am fourteen years of age; I live at No. 35, Half-Moon-street, Piccadilly.

Q. Do you know Mrs. Murdock? - A. Yes, she lived in the same house with me.

Q. Do you know a person of the name of Bodkin? - A. Yes; that is him; I have seen him at Mr. Christian's, and at our house; my father is a musician to the Opera-house; the prisoner came to our house the latter end of July; he brought a parcel for Mrs. Murdock, and gave it to me.

Court.(To Ardesoif.) Q. About what time was your house broke open? - A. The 29th of September.

Q. (To Hackwood.) Was there any direction upon it? - A. Yes, but it was scratched out.

Q. You were not able to make out what that direction was? - A. I was not; Mrs. Murdock was out at the time; and I gave it to her when she came in, with a letter which he gave me at the same time.

Q. What became of that parcel after you had delivered to her? - A. It was left in a drawer; I put it there by the direction of Mrs. Murdock, till a lady came and fetched it.

Q. Did you ever, afterwards, see that lady again? - A. No.

Q. Were you at Bow-street? - A. Yes.

Q. Should you know her if you was to see her? - A. It was Mrs. Hayles.

Q. Did you ever see her after? - A. I saw her at Bow-street.

Q. Was the person you saw at Bow-street the person that came for the parcel? - A. Yes.

Q. And that person was Mrs. Hayles? - A. Yes; I saw her examined.

Q. Was she examined in his presence? - A. Yes.

Cross-examined by Mr. Alley. Q. About what time was this, June or July? - A. I cannot say, but I think it was the latter end of July.

Q. What time was it that your were at Bow-street? - A. I cannot say.

Q. Was it not after September, think you, or in September? - A. I cannot say.

JOHN DIXON sworn.

(Produces some letters which he received from Mrs. Murdock).

ELIZABETH MURDOCK sworn.

I lived in Half-Moon-street, in July last; I live now in Curzon-street.

Q. Do you know the prisoner at the bar? - A. Yes; I have known him six or eight years; I had the care of two young ladies where Mr. Bodkin was butler; I know the prisoner's hand writing; these letters were both written by the prisoner; one of them was brought by Ann Hayles ; the one that has no post mark upon it.

Q. Did you ever receive any thing from Bodkin? - A. Never; I received a parcel from Ralph Hackwood ; I gave it to him again, and told him to take care of it, in a drawer in the shop, till a person called for it.

Q. Did you receive a letter at the same time? - A. Yes; but it is lost; there was nothing in it but telling me not to deliver it but to a person with a letter; Ann Hayles called for it with a letter.

Q. Look at that letter; was that the letter which Ann Hayles brought? - A. Yes.

Q. Did you deliver the parcel? - A. Yes; Hackwood and me together.

Q. Is that the hand-writing of Bodkin? - A. Yes, it is.

Mr. Knapp. Q. Have you seen his writing often? - A. I have seen him write many times.

The letter read. Addressed to Mrs. Murdock, Half-Moon-street, Piccodilly, No. 35, dated 1st Sept. 1795.

"Mrs. Murdock,"Returning many thanks for the favours you"have always shewn me upon all occasions; I"likewise acknowledge the present. In taking"taking care of the parcel, and delivering it, you" will very much oblige your's,"J. Bodkin."(Another letter shewn her.)

Q. Did you see that before or after you delivered the parcel? - A. I cannot say.

Q. Is that the prisoner's hand writing? - A. Yes.

It is read. Address. Mrs. Murdock, at No. 35, Half-Moon-street, Piccadilly. No date.

"Mrs. Murdock,"The person to whom the parcel belongs to,"as you was so kind to take into your charge, is"come to town, and I shall be additionally ob-"liged to you if you will contrive it so that she can"have it when she calls, in case of your being"out. I hope you and the children are well;"and I hope I shall soon hear of your being set-"tled, which will be a pleasure to your ever"thankful," J. Bodkin."

Q. Do you discover any thing upon that letter? - A. Only the post mark.

Q. Do you see any letters upon the post mark? - A. Yes, post paid.

Q. In consequence of these letters the parcel was delivered? - A. Yes.

Q. Did you ever see the person to whom you delivered that parcel before that time? - A. Never.

Q. Have you ever seen her since? - A. Yes, at Bow-street and Hickes's Hall.

Q. Who was that person you saw at Bow-street and Hickes's Hall? - A. Ann Hayles.

Q. Are you sure of that? - A. Yes.

Q. Look at the direction and signature of that letter (showing her another); is that his handwriting? - A. I believe it is.

Q. Are you as certain of that as the others? - A. Yes; it appears to be the same hand-writing as the others.

Q. Did that person appear before the Grand Jury to give evidence? - A. Yes, she did.

Cross-examined by Mr. Knapp. Q. I understood that this last letter, you said, you believed it to be his, from comparison with other writing of his? - A. Yes.

Q. Though you have seen him write, and having looked at this and the other letters, you are only enabled to say you believe it to be his handwriting? - A. Yes.

Q. Perhaps the whole of this letter, the body as well as the signature, is Bodkin's hand-writing? - No, I believe it is not; the signature is very much like his hand-writing.

Q. You had been in service with this prisoner? - A. Yes, three months.

Q. Had you kept up your acquaintance after that time? - A. Yes, he always behaved extremely well.

Q. You have written to each other? - A. Yes.

Q. The parcel was not directed to any body? - A. I don't know what the direction was.

Q. What it contained you don't know? - A. No.

Q. But there appeared to be a direction? - A. Yes.

FRANCIS HENRY CHRISTIAN sworn.

Examined by Mr. Knowlys. Q. Did you know a person of the name of Ann Mayles? - A. Yes; she lived two years and a quarter with me.

Q. You was called upon at Bow-street? - A. Yes.

Q. In consequence of any thing that passed, did she deliver you any thing? - A. Yes, the key of a trunk; I went with Mr. Vanx to No. 8, Angel-court, Throgmorton-street, and found the goods, exactly as she described them; a glove, and in it a watch, a cluster diamond ring, and another diamond ring in a little case; they are in Mr. Vaux's custody now.

Q. Do you know the hand-writing of the prisoner? - A. Yes; he was my servant; I have seen him write; he has given me receipts frequently.

Q. Do you believe that to be his hand-writing? - A. Yes; I believe it from seeing him write, and from seeing his writing frequently.

- VAUX sworn.

Examined by Mr. Trebeck. I know Ann Hayles , she lived servant with me: Mr. Christian called upon me on the first Monday in October, as near as I can recollect; we went together to Angel-court, to Ann Hayles lodgings; we went up stairs and opened a box of Ann Hayles , and found a gold watch and two rings.

Q. Loose, or wrapped up any thing? - A. Wrapped up in a paper.

Q. Were they wrapped up in any thing? - A. Yes, in a glove.

Q. In consequence of this, Ann Hayles was brought up to Bow-street? - A. Yes; (produces the articles.) She was brought up the next day; at which we attended.

Q. Were these things produced at Bow-street, the day after you found them? - A. They were.

Q. Do you know the prisoner? - A. Yes; I saw him at Bow-street.

Q. I believe in consequence of some good opinion you had of Ann Hayles , you were bound for her appearance? - A. Yes.

Q. Did you and Ann Hayles go to Hickes's Hall? - A. Yes.

Q. You both gave evidence before the Grand Jury? - A. We were both there.

Q. After she had been there, she returned to your house? - A. She did; she left me on the Thursday evening after the bill was found; since which time I have never seen her; she gave me a letter.

Q. Is that the letter she delivered to you? - A. Yes.

Q. Have you any doubt about it? - A. No.

Q. You were bound to appear against the prisoner at that sessions? - A. Yes.

Q. How long was it after that she went away? - A. The evening before the sessions was to commence.

Q. Did she give you any notice of leaving your house? - A. Not the least.

Q. Have you endeavoured to find her since? - A. I have taken a great deal of pains, and spent a great deal of money, but have not been able to find her.

Cross-examined by Mr. Knapp. Q. When you searched her box she was not by? - A. No.

Q. Were these things produced at Bow-street? - A. Yes; they were in the presence of Mr. Ardesois; they have been in my custody ever since; the prisoner was not at the table at the time they were produced, but he saw them while they were upon the table.

THOMAS SLEATH sworn.

Examined by Mr. Trebeck. I am one of the clerks at Bow-street; I attended at the time of the examination of the prisoner at the bar.

Q. If any thing he said was not taken down in writing, tell us what it was? - A. Mr. Bond was going to examine some persons about a parcel sent to Mrs. Murdock, with a watch and some rings; he said he would save them the trouble, and confessed that he sent them.

Court. Q. Was any thing taken in writing? - A. No.

Q. There was nothing signed by the prisoner? - A. No.

Mr. Ally. The act of parliament giving the magistrate that authority was made for the purpose of reducing to writing such observations; your Lordship, therefore, seas, that if these declarations of the prisoner are now admitted against him, he is reduced to this dilemma, this witness may swear that which only makes for the prosecution; whereas, if it was in writing, your Lordship would have had every thing, as well that which made for the prisoner as against him, inasmuch as the intention of the legislature was not pursued.

Mr. Justice Heath. This has been often overruled; and there can be no doubt at all about it; it is a principle of common law, if the justice had taken it in writing, it would have been admissible by the force of the statute; and being in writing, it is the best evidence that the nature of the case will admit of, and then the parole evidence, not taken in writing, would be admitted.

Sleath. Bodkin admitted he sent that parcel to Mrs. Murdock; and when he was asked, how he came by the parcel, he said, he kept a bird; I am not certain whether he said a black bird, or what; that going to the bottom of the garden for some worms, he found these things in his master's garden; and he said, the glove they were in was his.

Q. Are these the articles? - A. Yes.

Cross-examined by Mr. Ally. Q. Is it usual for you not to reduce examinations to writing? - A. Almost always; part of it was, but none signed by the prisoner; this is the more occurrence of the day.

Mr. Knowlys to Vaux. Q. What did you hear the prisoner say? - A. The prisoner said, he was going to the bottom of the garden for worms, and found these things; he confessed it was his glove; he confessed it without any thing having been said to him, at which I was surprised.

JOHN DIXON sworn.

I am an officer of justice; I was sent for to Mr. Ardesois's, the morning after his house was broke open; I think it was the 31st of September.

Q. Were you present when the prisoner was at Bow-street? - A. Yes; I apprehended him on the 1st of October.

Q. Were you present when these articles were produced? - A. Yes; Mr. Bond asked him what he said to that; he said, I am sorry I did not save you all this trouble before; the woman knows nothing about these articles; I gave them to her; I found them, looking for snails at the bottom of the garden; and, he said, the glove was his.

Mr. Knowlys to Ardesoif. Look at that watch; is that your's? - A Yes.

Q. It is worth 40l.? - A. More than that.

Court. (To Sleath.) Q. Was any part of the examination taken in writing? - A. Yes; several parts of it.

Produce your occurrence book. (Produces it.)

Q. Upon what occasion was this given? - A. When he was first taken the officer searched him, and this is the account he gave of the things found upon him; his first examination was on the Thursday; the next on Tuesday.

Q. Does that part you have taken down relate to any thing with which he is charged now? - A. No; that is in the information returned to the Court.

Q. Was there any examination of the prisoner taken in writing? - A. No.

Mr. Knapp. Q. If it had been taken properly, it might have been read in evidence; it not being taken properly, it cannot be read in evidence.

Mr. Trebeck to Ardesoif. Q. Are the rings your's? - A. Yes.

Q. You are quite certain about the watch? - A. Yes; I made it myself.(The letter read.)

"Dear Hayles,"It is impossible for me to express to you my"feelings; or point to you, in true colours, my"unfortunate situation; for, in the first instance,"I find myself not only confined in a dreadful"prison, incumbered with ponderous irons, but"I reflect, with terror, on the prospect which"appears before me, which is dreadful in the ex-"treme. The day, with rapid strides approaches,"that will compel me to appear before a solemn"tribunal, and shall be arranged for a crime that,"perhaps, you are the innocent cause of. Be-"lieve me, that in making that assertion, I don't"mean the smallest reflection; I am incapable of"baseness; but only to remind you of my former"assertions, that I would sacrifice my existence"for your sake. Perhaps you imagine that I"dread the event, and am fearful of conviction; - "neither, believe me, is the case, for I have al-"ready confessed my crime; but I dread, and with"horror reflect, that you are going to appear against"me; the person that I hold most dear; - that dear"Hayles! - that I never gave reason to complain,"or ever shall. You may say, perhaps, that it is"neither your wish nor inclination to do me an"injury; that you are impelled to do so by the"instructions given you by the magistrate, or by"the directions of Mr. Christian and Mr. Vaux;"I will admit the plea; but pause for a moment,"and consider that my existence is at stake; that"you, and you alone, can convict me. When"you have convicted me, you will ever after feel"a painful pang, and will then, too late, repent"that you have deprived one of his existence that"adores you. I will likewise admit, that it is"the duty of the magistrate to direct you to"appear against me, but permit me to observe to"you, that no mortal power can compel you to"act or say any thing against your interest or in-"clination; nor can I suppose that Mr. V. or Mr."C. can be instigated by any other motive than"that of justice; but yet mercy is the darling of"heaven; and when they reflect that I have con-"fessed my crime, that I am not guilty of the"crime that I am charged with, that I suffer and"do feel the most pungent contrition, I do slatter"myself with hope that they will relax in their"sentiments, and not direct you to appear against"me. I am not prepared with a counsellor or"attorney. Believe me, at the same time, that"I remain your most affectionate,"J. Bodkin."

Mr. Knapp. By a late order of Court, we are not permitted to see the indictment without your Lordship's permission, I will be very much obliged to your Lordship to let me see it now.

Mr. Justice Heath. Certainly.

Prisoner's defence. I have very little to address to your Lordship and the Jury; I am ha of hearing; but I am given to understand I am accused that there was a watch found upon me; there was no such thing; as to the letter that they say is my signature and direction, I totally deny; I have no concern whatever with the said letter, and I have got a letter of Ann Hayles 's hand-writing to that purpose; and I beg your Lordship to permit me to examine Mr. Vaux as to what passed between him and Hayles.(The prisoner handed the letter to his counsel.)

Court. He has been examined to that point.

Mr. Knapp to the prisoner. This letter cannot possibly be made evidence, and therefore cannot be read; if it could, I would certainly read it.

Evidence for the prisoner.

JAMES PRICHARD sworn.

I live in Orange-street, Leicester-square; I have known the prisoner some years, about eight; I never heard but that he was a very sober, honest young man.

GUILTY . Death . (Aged 33.)

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

Reference Number: t17960113-2

59. FRANCIS FARMILO was indicted for burglariously breaking and entering the dwelling-house of Samuel Capon , about the hour of four in the night, of the 5th of November , and burglariously stealing five men's cloth coats, value 20s. a man's cloth cloak, value 5s. a cloth waistcoat, value 2s. three linen shirts, value 5s. five pair of worsted stockings, value 1s. 6d. a silk handkerchief, value 2s. three linen handkerchiefs, value 1s. a gown patch, value 10s. and a silver tea spoon, value 1s. 6d. the property of the said Samuel .(The case was opened by Mr. Gardner.)

SAMUEL CAPON sworn.

(Examined by Mr. Gardner.) I am a watchman ; On the 5th of November, about four o'clock in the morning, I was on the watch in St. John's parish; I was called by the patrole, and told that my house was broke open; the door was locked when I left it, and when I returned the padlock was broke off; I found three drawers broke open, and a tea chest; I missed two coats out of the drawers, and three others from a chest just by, and a burying cloak that was hanging up; I missed three shirts and a tea spoon out of the drawers, and this gown piece; about five pound of candles, a quartern loaf, and some meat; I keep a chandlers shop; I lost also a table cloth and three pair of stockings;

the lodgers were all in bed; I have lodgers in three rooms in the house; three in one room, two in another, and one in another; the three and the two have lived a long time in the house, and were very honest people; the other was a soldier, and I took him to the Police-office, but he was discharged; I went the next day to Rosemary-lane, about three o'clock in the afternoon; I had been there a very little time, when I saw a Jew come by with some of my property.

Q. Was there any other person coming by at the time? - A. I spoke to this Jew to buy these goods; I told him I had not money to pay for them, and I went to get a constable, and when I came back the Jew was gone; and I saw another man, an Irishman, in the fair, felling a black coat of mine; and a deep blue coat; I told him it was mine, and then a constable came to my assistance, and in going through the fair I met with the same Jew again, and, in consequence of his information, we went together to Mr. Harris's, in Russel-court, Drury-lane; he had sold the things to the Jew, and the Jew sold them to the Irishman; they are in court, in the possession of the constable; the shirts I never found; we found the gown-piece at Mr. Harris's.

(Cross-examined by Mr. Ally.) I live in Woolpack-street, Westminster, and keep a house of lodgers; I discharged this soldier out of the house.

Q. Is any body concerned with you in the profits of your lodgings? - A. No.

Court. Q. What time was it when you quitted your house? - A. About nine at night.

Q. Who did you leave behind you in the house? - A. I left three lodgers in the one-pair-of-stairs, and, I believe, the two were in the two-pair-of-stairs, but this soldier was not in the house at that time.

Q. How do the lodgers open the door, on the outside? - A. They call to the others; my apartments were locked up; there were two locks.

Q. Your lodgers could let themselves in and out when you were out? - A. Yes; one had got a key, and the rest let one another in.

Q. They were all lost out of your own room? - A. Yes; the front room, below stairs.

- HARRIS sworn.

On the 6th of November the prosecutor came with some peace officers to my house, with a Jew that I had sold six coats to that morning about ten o'clock; I bought them of the prisoner at the bar the day before; I bought the gown-patch in the morning, about eleven o'clock; in the evening of the same day he came again, with six coats and a burying cloak. (Produces the gown patch.)

Q. Should you know the coats again that the prisoner sold to you? - A. I cannot say; I bought them in the evening, and when I looked at them the next morning I saw they were a parcel of rags, and would not suit my shop; I called in several Jews to look at them, as we shopkeepers usually do, when we have things not good enough for our shops; I sold them to this man for half-a-guinea, which was what I gave for them; the prisoner was present when I sold them for half-a-guinea.

Cross-examined by Mr. Ally. Q. He came to you first about eleven o'clock? - A. Yes; and he came about five in the evening.

Q. What day was it? - A. The 5th of November.

Q. He produced a card? - A. Yes; I am very cautious who I buy of; I asked how he came by it; he told me he had been recommended to me by a person that, from his description, I supposed to be my brother-in-law; he told me what size he was; he said he did not know his name, nor were he lived.

Q. You would not have purchased these things but for his producing the card? - A. No.

Q. Are you in the habit of shewing these cards to your customers? - A. Yes.

Q. How came the prisoner to be found out? - A. When I was taken, on Friday the 5th of November, the constable let me go upon giving my word for my appearance the next day; I went to my brother-in-law and told him I had bought a gown patch and six coats, and he told me he was a recruiting serjeant.

Q. Do you know any thing as to the custom of an allowance to be made to the recruiting serjeant for the old cloaths? - A. No.

Capon. This gown patch is mine; I bought it of a poor woman; she said it was at Mr. Brown's pawn-shop; the poor woman went to her parish in Clerkenwell; I have had it three or four years.

Q. Are you a married man? - A. No.

Court. What occasion then had you for such a thing? - A. I thought I might have occasion, perhaps, for another wife.

Harris. There are four yards and an half of it.

Court. There is no particular mark about it? - A. No.

Q. Is that the same you bought of the prisoner? A. Yes; I gave him 12s. 6d. for it.

Capon. This is the coat I bought out of a pawn shop, about a year, or a year and a half ago; this blue coat I bought at Rag-fair; and this surtout coat I bought in Tothill-street, I have had it about a year and an half; this burying cloak the church-warden of the parish gave me; this black coat I bought of a lodger about a year and an half ago.

Q. So that you have no doubt about these things; - A. I can positively certain make oath to all of them; they were all missed at the same time.

Cross-examined by Mr. Ally. They had been lying by you some time? - A. Yes.

Q. As to the cotton you have never opened it? - A. No, nor looked at it so as to know what it was; I have had it so long in my custody that I can positively swear to it.

Court. (To Harris). Look at those coats again. - I believe them to be the same that I bought of the prisoner, and sold to the Jew; the cloak is patched in several places.

Harris, cross-examined by Mr. Ally. Q. Do you mean to undertake to swear, having them in your possession so short a time, that they are the same? - A. I cannot positively swear, but I believe them to be the same.

Q. When the prisoner was taken, did he not tell you the name of the persons he had them of? - A. No.

ISAAC BECKROW sworn.

I am a constable; Capon came to me in Rosemary-lane, on Friday the 6th of November, in the afternoon; I went with him and secured two men in Rosemary-lane, who, he said, were selling his goods; I took a coach and went with the prisoner up to Harris's house.

Q. Look at those things, and see if you know any of them. - Yes, these are the coats I took with me to Mr. Harris's shop; Harris acknowledged he sold them to a Jew.

Prisoner's defence. Please your Lordship, and Gentlemen of the Jury-At Bow-street I told the magistrates where I had these things from; and when I went to sell the gown patch to Mr. Harris, the man that owned it went with me; and Mr. Harris gave me 2s. for being recommended by his brother-in-law; their names were Cranmer and Martin; there was a young man in company at the time; they wanted me to buy a gown piece; I got acquainted with them by being in the recruiting service; they are what are called bringers, to persuade men to enlist, at which they were very successful; I told them I knew a person who was only beginning business, a Jew, and he would buy it; Cranmer and I went to Harris's, and he gave me 2s.; I told him, it was customary for me to have an allowance for all I bought or sold, or caused to be bought or sold, of 2s. in the pound, and he agreed to do it; Cranmer had the half guinea, and we went back to Martin, and they shared the money between them; I went to the Bunch-of-Grapes, in the Little Sanctuary; Mr. Harris will not deny that I carried a man with me each time; I went there several times, and if I had stole them, I should hardly have carried them where I was known; this man went with me, and sold the coats, and they gave the young man a shilling for carrying them, who will appear upon my trial; I went to Mr. Harris next morning for the shilling, and he was selling of them to the Jew, for the same money that he gave me for them, and therefore could not give me any thing out of it; I did it in my integrity, without any deception or fraud, not knowing they were stole any more than any gentleman in court; I gave in the names of the two men to the magistrates at Bow-street.

Evidence for the Prisoner.

The prisoner called Joseph Dickson , Charles Townsend, John Helien , John Simmonds , and Isabella Thornbill, who all gave him a good character.(The prisoner also called the following witnesses to facts.)

JOHN THORNHILL sworn.

Examined by Mr. Ally. Q. Do you know the prisoner at the bar? - A. Yes.

Q. Did you know him in the month of November last? - A. Yes.

Q. Do you recollect being in company with him at any time in the month of November last, and at what time? - A. Yes; on the 3d of November, I was with the prisoner all day, and at night he went home with me to my lodgings, in Little Welbeck-street, Cavendish-square; and the landlord did not wish for the prisoner to come to my lodgings, as he knew nothing at all about him; he charged the watch with him, and put him in the watch-house.

Q. What is his name? - A. Rozier.

Court. Q. What time of night was he put into the watch-house? - A. I cannot say; it might be about twelve o'clock.

Q. What was the reason he was kept in the watch-house that night? - A. We made a little bit of a noise, because the landlord did not wish us to be in the house.

Q. Do you know what the prisoner is? - A. A shoemaker.

Q. Had he been in the army? - A. Yes; a recruiting serjeant.

Q. How did you come to know the prisoner? - A. I was enlisted.

Q. You was one of his recruits? - A. Yes.

Q. Did the landlord charge the watch with you? - A. No; he let me be at my lodgings.

Q. Did you see the prisoner next day? - A. Yes, at Marlborough-street.

Q. In consequence of his being charged with the watch? - A. Yes.

Q. He was discharged from the office at that time? - A. Yes; about eleven o'clock in the morn

ing he went away to the Mitre, near King-street, Westminster, and had a pint of beer, and then went to his house to dinner; and he was not very well.

Q. How long did you stay at the Mitre? - A. About twenty minutes; this was about twelve or one o'clock, I believe; I continued with him all day; I went to his lodgings, in York-street, Westminster, it might be about one o'clock, and staid all day and all night.

Q. Recollect very exactly and very concisely; you say you staid there the remainder of that day and all of that night? - A. Yes.

Q. Now what time did you sleep at this house? - A. All night.

Q. Where did the prisoner sleep? - A. I slept in one corner and he in another, in the same room.

Court. Q. You were not in bed, were you? - A. Yes, I was.

Mr. Ally. What time did you get up in the morning? - A. Between nine and ten.

Q. Do you know whether the prisoner was in bed all that night? - A. Yes; positively in bed all night, till near ten in the morning.

Q. When you got up in the morning what did you do? - A. We got up and had our breakfasts, and went to the Parade in St. James's Park.

Q. What occurred to you there? - A. Two men accosted the prisoner, and asked Farmilo if he would buy a gown-piece which they had to sell, or if he would sell it for them; he said he could not buy it, but, if they liked, he would sell it for them; he left us at a public-house in the Strand, while he went to sell it.

Q. Did you see this gown-patch? - A. Yes.

Q. Should you know it again? - A. Yes.

Court. Where did you go from the Parade, and who with? - A. To a public-house in the Strand, with those two men we met upon the Parade.

Q. Where was this public-house? - A. Just opposite Somerset-house, near the church, I believe it is, I don't know the sign.

Q. Did those men stay with you? - A. One of them did; the prisoner and the other man went away, I believe to sell it.

Q. How long was it from the time he left you at the public-house, till you saw him again? - A. About a quarter of an hour.

Q. Where did you see him then? - A. At the public-house.

Q. How long did you remain with you? - A. He did not leave me at all; the man returned with him to the public-house.

Q. How long did you remain at this public-house in company with the prisoner? - A. A few minutes, I believe, and then we went to the prisoner's house.

Court. Q. You left the two men behind? - A. Yes.

Q. Was there any appointment made to meet afterwards, and for what business? - A. There was to be a house-warming at the Bunch-of-Grapes, in the Little Sanctuary; these two men that had the gown-piece said they had got six great coats to sell; they asked Farmilo if he could fell these great coats.

Court. This was after you got to the Bunch-of-Grapes? - A. Yes.

Q. Who went to the Bunch-of-Grapes? - A. I and the prisoner and altogether.

Q. Then it was these two men that said they had these coats to sell? - A. Yes; they asked the prisoner if he would sell them for them; and the prisoner and I went up stairs with the men that belonged to them.

Q. Who was that? - A. I cannot say; it was one of the two men; the coats were tied up in a dirty looking thing, and I carried them to Mr. Harris's.

Q. Who accompanied you to Mr. Harris's? - A. The prisoner.

Q. For what purpose? - A. To sell these things for those two men; they were sold for half-a-guinea.

Q. Where did you go to after that? - A. To the Bunch-of-Grapes.

Q. Who did you see there? - A. These two men.

Q. Do you know what was done with the produce of the sale of these coats? - A. It was thrown down upon the table to them; there was about 9s. or somewhere there abouts.

Q. Were you to get any thing for carrying these cloaths? - A. Yes, I had a shilling for my trouble.

Q. What time of the day was this? - About six o'clock at night.

Cross-examined by Mr. Gardner. Q. These two men were perfect strangers to you? - A. Yes, I never saw them in my life till that day.

Q. I take it for granted then, as an honest man, you enquired how they came by so many great coats? - A. I thought them honestly come by.

Q. How came they to give you a shilling to carry these cloaths, instead of carrying them themselves? - A. I cannot tell; I suppose they did not like the trouble.

Q. What sort of a room was this you slept in on the 4th, all night? - A. A very good room.

Q. How many pair of stairs high was it? - A. Two.

Q. Did you both sleep in one bed? - A. No.

Q. You sleep pretty well in general? - A. No, I am very restless, sometimes.

Q. In consequence of that you can take upon you to say, that he was in the other bed all night? - A. Yes.

Q. You are quite certain as to that? - A. I will be upon my oath he was.

Q. Where abouts is the prosecutor's house; do you know that? - A. No.

Q. You are quite positive? - A. Yes.

Q. You never heard any body say any thing about the prosecutor? - A. No.

Q. Did the prisoner send to you to appear as a witness for him? - A. Yes, he subpoeaned me.

Q. How long do you suppose you were at the Mitre? - A. I suppose about a quarter of an hour.

Q. How did the quarrel begin the night when the watch was charged with him? - A. The landlord did not like strangers in his house to sleep.

Q. Now, the morning after the night that you slept together, what time did you rise? - A. It might be about nine or ten o'clock.

Q. Where was it that the two men first spoke to Farmilo about this? - A. Upon the Parade.

Q. What part of York-street is the prisoner's house in? - A. I cannot say the number.

Q. How often have you been at the prisoner's house? - A. A great many times.

Q. Do you know whether there is a number on the door or not? - A. I cannot say.

Q. Try and recollect yourself? - A. I cannot positively say the number; I believe there is a chalked number upon the door, but I cannot say what the number is.

Q. Have you known the prisoner a great while? - A. Not a great while.

Q. How long? - A. I suppose about three months.

Q. Is he the house-keeper, or a lodger? - A. A lodger only.

Q. What room does he lodge in? - A. The two-pair-of-stairs front room.

Q. How many windows are there in that room? - A. Two.

Q. What time did you go to the Bunch-of-Grapes? - A. To supper; the two men asked me to go.

Q. Do you mean to say you went with these men to dispose of all those things, though you had never seen them before, and without any enquiry? - A. I never saw them before I saw them on the Parade, on the 4th of November.

Q. Then you mean the Court to believe that you speak the truth, and the whole truth; that these men being strangers to you, and offering you so many great coats, you went to help to dispose of them, without asking any questions about it? - A. Yes.

Q. You were to have a shilling? - A. Yes.

Q. You were a recruit? - A. Yes.

Q. You had seen them upon the Parade? - A. Yes.

Q. Did they seem to be intimate with the prisoner? - A. Not very.

Q. What were those men, were they recruits? - A. Something like it by their dress.

Q. You were subpoenaed to come here? - A. Yes.

Court. Q. Was it with the coats you went with the prisoner, or was it with the gown piece? - A. I went with the coats with the prisoner.

Q. Who bargained with Harris? - A. The prisoner.

Q. Where was it? - A. In Harris's house.

Q. Then Harris saw you there? - A. Yes.

Q. Did you say any thing to him on the subject of the bargain? - A. No.

Q. You were there all the time? - A. Yes.

Q. What day of the week was it that you spent the might at the prisoner's lodgings? - . Wednesday.

Q. What day of the month? - A. On the 4th.

Q. How came you not to go to your own lodgings? - A. I thought, as I had been with him all day, I might as well stop with him.

Q. So that you never made any offer to go home to your own lodging? - A. No.

Q. When did you go to your own lodging? - A. The next day.

ISSABELLA GORDON sworn.

Examined by Mr. Ally. I live in Petty France.

Q. Do you know the prisoner? - A. Yes.

Q. Do you recollect when the prisoner was apprehended? - A. Yes.

Q. Do you know where the prisoner lodged? - A. In the same house with me.

Q. What is the name of the place? - A. York-street.

Q. How long had he lodged there? - A. About nine months.

Q. Was it the beginning or latter end of the week that he was taken up? - A. The latter end of the week, on the Friday.

Q. What are you? - A. I go out to a day's work, washing.

Q. When was it you first went to work that week? - A. On Monday; I slept at home on Monday night.

Q. Did you sleep at home on Tuesday night? - A. Yes; I sleep at home every night.

Q. Did you go out to work on Wednesday? - A. Yes.

Q. What time did you return home on Wednesday? - A. Between nine and ten at night; when I returned home I saw Mr. Farmilo, for he spoke to me.

Q. Was there any body with him at the time you saw him? - A. No.

Q. Where did you see him? - A. The outside of the door, between his door and mine.

Q. Did you see who was in the room? - A. No; there was nobody but his wife.

Q. Did you see the wife in the room? - A. I saw her at her own door.

Q. At the same time you saw the prisoner? - A. Yes.

Q. Did you see them the next morning? - A. No; I heard them in the night, for it was a very windy night; I was frightened, and got up, because I knew the prisoner was at home.

Q. How do you know the prisoner was at home in the night? - A. I heard them talk.

Q. Are you so well acquainted with his voice that you could recollect it? - A. Yes.

Q. What time in the night was this? - A. I cannot recollect; it was towards morning.

Court. You got up because you were frightened; what did you do? - A. I opened the door.

Q. You did not go into the room? - A. No.

Q. When you saw him, was he coming up stairs? - A. He was at his own room door.

Q. There was nobody with him? - A. No; his wife was standing at the door.

Q. You saw nobody that night but him and his wife? - A. No.

Q. Nor the next day? - A. No; I went out to work at six o'clock in the morning.

Q. You saw nothing of the prisoner that morning? - A. No; but I heard him talk to his wife, about four o'clock.

Q. Do you know the voice of his wife? - A. Yes.

Q. How many beds are there in his lodging room? - A. Only one.

Q. Where does that bed stand? - A. Close up to the wall; there is only a wall parts his room and mine.

Q. Have you been often in his room? - A. Yes.

Q. You are sure there is but one bed? - A. Yes.

Q. Then there is no place where any body can sleep, but this bed, where he and his wife were? - A. No.

Q. How long have you lodged in this house? - A. These seven years.

Q. How long has the prisoner lodged there? - A. I cannot say.

Q. You did not go into his room when you were alarmed with the fright? - A. No; but I know he was in the room.

Q. How long did you stay up? - A. Not long.

Q. Who keeps that house? - A. One Mrs. Withall.

Q. Is she here? - A. Yes.

Q. You heard him at six o'clock that morning, when you got up? - A. Yes.

Q. Where was he then? - A. Talking with his wife.

Q. You saw nobody else? - A. No.

Q. How long was this before he was taken up? - A. This was on the Wednesday night.

Q. Was it the Wednesday night that you got up in the night? - A. Yes.

Q. When was he taken up? - A. The Friday following

Q. There is no place whatever in that room where any person can sleep, but the man and his wife? - A. No.

Prisoner. She knows there was a cot that I used occasionally as a bed.

JOHN ELLIOT sworn.

Q. Do you know the premises of the prisoner? - A. I do perfectly well.

Q. Repeat to us what furniture he had in his room? - A. I believe his furniture chiefly consisted of a bed, bedding, blanket, two chairs, and a cot, I believe about half, or one third of the length of this table.

Q. Where abouts was that in the room? - A. On the left hand side, at the side of the bed.

Court. Q. How was it mounted? - A. It was not mounted; it lay on the floor.

Q. Is it put up and taken down? - A. I believe it was.

Q. How is it put up? - A. I fancy it is slung to the ceiling.

Q. Did you ever see it up? - A. No.

Q. When did you see it last? - A. Not since August.

Q. Where do you live? - A. In White-Lion-street, Pentonville; I keep a tobacconist's shop.

Q. How long have you lived there? - A. Six months.

Q. Do you continue to live there now? - A. Yes.

Court. (To Harris.) The prisoner was twice with you, first in the morning and then in the afternoon? - A. Yes.

Q. Who came with him then? - Two different men.

Q. Have you seen either of those men here to day? - A. Yes, this young man (pointing to Thornhill.)

Q. What did he corne to you wish? - A. To carry these six coats.

Q. Who came with the other things? - A. Another man.

Q. Who is he? - A. I don't know.

Q. Who bargained with you? - A. Farmilo.

Q. What did the other man come with? - A. A gown patch.

Q. You don't know him? - A. No.

Q. How did you know where to find Farmilo? - A. The person who recommended him, knew where to find him; the person is my brother-in-law that recommended him; he described him.

Q. You did not ask where the person was, or what his name was, that recommended him? - A. No.

NOT GUILTY .

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

Reference Number: t17960113-3

60. WILLIAM PATE and WILLIAM FRANCIS were indicted for burglariously breaking and entering the dwelling-house of William Thompson , about the hour of six in the night of the 19th of December , with intent the goods of the said William to steal, take, and carry away .

WILLIAM THOMPSON sworn.

I am a linen-draper , in Fleet-street; On the 19th of December, the two constables brought in the two prisoners at the bar, and said, they had been cutting the window; I was in my shop.

Q. Were your candles lighted? - A. Yes.

Q. Is your shop part of your dwelling-house? - A. Yes.

Q. You had seen nothing of the prisoners before they were brought in to you? - A. No.

Q. Had you any goods in your window? - A. Yes; I went out with the candle, and observed that the glass of the window had been cut with a diamond, or something.

Q. Were there more than one pane cut? - A. No.

Q. Were there any goods in reach of that pane? - A. Yes; the glass was beat in; it was first cut, and afterwards the piece beat in.

Q. That was your conjecture, from the appearance of it? - A. From the appearance of it.

Q. Nothing was taken out? - A. Nothing was taken out; a table-cloth was removed, but not taken away; the corner was drawn out of the window as far as they could draw it.

Q. How far did it lay from the pane that was cut? - A. Close by it.

Q. Only one end of it was drawn out? - A. Only one end.

Q. It had not been removed, only the end pulled out? - A. No.

Q. What passed upon their being brought in? - A. The witness said, he found them cutting the window; and I found, as I have described, that the table-cloth was bloody; upon which, I went into the shop again, and said, the man whose finger was bloody was the man who attempted to take it out; one of them had his finger cut.

Q. How long had it been dark at this time? - A. About an hour, I believe; I recollect both the prisoners, but I don't know which had his finger cut.

Q. Was any thing said by the prisoners when they were brought in? - A. They protested they had not done it.

Prisoner Pate. Q. Did you hear the window break? - A. No; I did not.

LEEMAN CASEBY sworn.

I am a constable: On the evening of the 19th of December, I was in Fleet-street, between six and seven; I observed the two prisoners at Mr. Thompson's shop window; I and another officer. Dean, were taking a walk up Fleet-street; I saw the prisoner Pate with his face to the window, as if his hands were at work.

Q. What do you mean by, as if his hands were at work? - A. He was stopping at the window, and his right-hand moving, as if at work: Francis stood with his back to the window; they stood close to one another; I and Dean went up and took hold of them; I took Pate, and gave up Francis to Dean; I saw Pate put something in his right-hand pocket; when I was taking him into the shop I searched his right coat pocket; when I got him into the shop, I found this book and an instrument that broke the glass.

Q. You took these two instruments out of Pate's right-hand pocket? - A. Yes.

Q. That does not appear to contain any diamond? - A. No; it was done at the corner of the window; this table-cloth was out at the corner of the window.

Q. Did you observe how the window was? - A. A piece was taken out of the lower part of the pane.

Q. How did it appear to have been taken out? - A. The glass had been starred with an instrument.

Q. Did any part of the glass appear to be cut? - A. The piece was broke out; it did not appear to be cut; this table-cloth had the corner of it out.

Q. How much hung out? - A. Not much; the table-cloth was bloody.

Q. Which end was bloody? - A. The end that was out: I looked at Pate's left-hand, and one of his left fingers were cut.

Q. Was it a fresh cut, and bleeding at that time? - A. Yes; it was bleeding; I looked at it in the shop; we took the prisoners to the Compter; I found nothing on Francis relating to this business.

Q. Francis stood close to him? - A. Yes; with his back to him; looking back in the street; we observed them, and passed them before we took them into custody.

Q. Did you observe either of them doing any thing before this time? - A. Pate was stooping down, doing something to the glass, and we returned and took them.

Q. How long was it before you returned? - A. Not a minute.

Q. Was the glass broke from where the putty is put in? - A. It was broke out from the putty; the hole was big enough to put a hand in.

Jury. You did not see the prisoner pull the table-cloth? - A. No.

Pate. Q. Can you take your oath that my finger was cut? - A. Yes; a finger on his left-hand; I cannot say whether it was his fore finger or middle finger.

JAMES DEANE sworn.

I am a constable: On Saturday the 19th of December, a little after six o'clock, I was going up Fleet-street, with Caseby, the other officer; I observed the two prisoners standing at Mr. Thompson's shop window; Pate was standing with his face towards the window, and Francis with his face towards the street, both together.

Q. How near was Francis to Pate? - A. They were close together, touching each other; we passed them; I observed to Caseby, I thought they were breaking the window; and we immediately returned again, and took them into custody: Francis had this knife open, in his right-hand; we took them into Mr. Thompson's shop, and told him we suspected they had been breaking his window; Mr. Thompson went out and looked, and said, the window had been broke, and a piece of a tablecloth was hanging out.

Q. You did not observe the table-cloth out before you went into the shop? - A. No; I searched him afterwards, and found some other things about him, some knives.

Q. Did you observe afterwards how the cloth was? - A. No; I kept in the shop with the prisoner.

Q. Who went out of the shop? - A. Mr. Thompson.

Q. What became of Caseby? - A. I believe Caseby went out with him; I do not recollect that particularly.

Francis. He says I had that knife open; when he took me, it was in my pocket. - A. It was open when I took him; he was endeavouring to shut it, to put it in his pocket; it was half shut and half open; I saw it open as he stood by the window.

Pate's defence. I never saw Francis in my life, before I was taken up; I was looking, to buy a pair of stockings; this gentleman came and took me into custody; I have worked at a blacksmith's shop.

Francis's defence. I never saw Pate before with my eyes.

Q. (To Thompson.) Was the table-cloth bloody before? - A. It was not.

Both NOT GUILTY .

Tried by the London Jury, before Mr. BARON THOMPSON .

Reference Number: t17960113-4

61. WILLIAM FRANCIS was again indicted for burglariously breaking and entering the dwelling-house of Thomas Wetherall and John Janaway , on the 9th of December , about the hour of six in the night, and feloniously stealing three silver fruit knives with mother-of-pearl handles, value 13s. and three other fruit knives with ivory handles, value 7s. 6d. the property of the said Thomas Wetherall and John Janaway , in their dwelling-house .

JOHN JANAWAY sworn.

On Saturday the 13th of December, as near as I can tell, about five o'clock I went out, and returned at half past six; I did not discover that I had been robbed till Monday morning; the servant took the shutters down, called me, and told me the window was broke; there were three holes made between the putty and the frame, by which means a piece of glass was taken out; I looked in the place where the goods were missing, and missed five or six fruit knives with silver blades.

Q. What is the value of them? - A. I think four or five-and-twenty shillings; I am not certain what I valued them at in the indictment; I sent for the glazier to mend the windows; I was sent for, on Monday morning, to the magistrate, about ten o'clock; I saw my knives, they were marked with my own private mark, and with my own hand; when I went out of town, as I had so frequently had my windows broke, I looked to see that my knives were all there, and they were placed in a regular row in my case.

Q. Might not this window have continued in this state at any time between the time you went out on Saturday and the Monday morning? - A. Yes.

LEMAN CASEBY sworn.

On the 19th of December I and Dean apprehended the prisoner, in Fleet-street, and another with him; I apprehended them, breaking a shop window; we searched the prisoner, and in his under-waistcoat pocket, on the right hand side, Dean took out a tobacco-box, with some knives in it; we went to different shops, to enquire who had had their windows cut; we went to Mr. Parker, in St. Paul's Church-yard, who had had his windows broke, but had lost nothing; we enquired, and found out, that Mr. Janaway was robbed, and sent for him to Guildhall.

JAMES DEAN sworn.

I was with the last witness on the 19th of December, at the time the prisoner was apprehended; I searched him, and in his under-waistcoat right-hand pocket, I took out a tobacco-box with these knives in it, (producing them), I have had them ever since.

Q. (To Janaway.) Did you examine the window yourself? - A. Yes.

Q. Was the shop window shut upon the Sunday? - A. Yes.

Q. Then from half past six on Saturday, till Monday morning, it was shut? - A. Yes; and the shutter appeared to be broke, a piece being cut out by an instrument; there were three holes.

Q. What time did you open your shop? - A. I suppose about half past seven.

Not GUILTY .

Tried by the London Jury, before The LORD CHIEF BARON.

Reference Number: t17960113-5

62. RICHARD DRAKE and JOSEPH ALDRED were indicted, the first for feloniously stealing two hundred pounds weight of copper, value 5l. the property of Thomas Williams , upon a certain wharf adjacent to the navigable river Thames ; and Joseph Aldred for receiving the said goods, knowing them to be stolen .

Second Count. Laying the goods to be the property of Thomas Ashby .

The Case was opened by Mr. Ward.

TOBIAS MITCHELL sworn.

I am clerk to Mr. Williams's wharf, at Castle-Baynard ; he lands and delivers all his copper from that wharf.

Q. Do you remember, in the month of September, any copper being sent from your wharf? - A. I made an entry of some.

Q. Have you the entry here? - A. Yes.

Court. Q. You don't know of your own knowledge that the copper was sent? - A. I do not.

WILLIAM SEDGWICK sworn.

I am bargeman to Mr. Ashby, of Staines; he is a bargemaster; he is a Quaker.

Q. Do you remember taking in any copper from Mr. Williams' wharf, at Castle-Baynard? - A. Yes; and delivered it on Mr. Ashby's wharf, at Staines.

Q. Then the copper you delivered at Staines was the same you took in at Castle-Baynard? - A. Yes.

Court. Q. Do you land immediately from the river upon the wharf? - A. Yes; it is very near the river.

Court. Q. I must ask you for the sake of form; is the Thames navigable as high as Staines? - A. Yes.

Q. (To Mitchell.) Was the copper carried by the last witness, Mr. Williams' property? - A. It was.

Cross-examined by Mr. Knapp. Q. I understood you before, that you made an entry of some copper? - A. I did.

Q. And all your knowledge of the business you derive from that entry? - A. Yes; we are in the habit of receiving old copper from Snow-hill, and the notes which accompany that copper are always copied, when the delivery of the copper is made by Mr. Williams to the mill.

Q. But all the knowledge you have, in copper being sent at all, is from your own entry, and from what you understand from other people? - A. Yes.

Q. Had this copper been in the warehouse? - A. Yes it had.

Sedgwick. We went away on the 11th, in the morning, and got to Staines on the 13th, about twelve o'clock in the day.

Court. Q. Was you present at the landing of that copper? - A. No; I left it in the boat immediately as I got there.

JOHN DAVIES sworn.

I am an agent for Mr. Williams, at Raisbury Mills, within two miles of Staines, in the county of Bucks.

Q. Was any copper, belonging to Mr. Williams, landed at the wharf at Staines, in the month of September? - A. Yes; on the 15th of September; the waggons we employ to convey copper backwards and forwards, brought it to our yard.

Court. Q. As they told you? - A. Yes.

Q. Did you hear the prisoner say it was there? - A. No.

Q. And you did not see it there yourself? - A. No.

Q. You are in the habit of receiving copper from the wharf at Castle-Baynard? - A. Yes.

Q. And was there to your knowledge any other copper but what belongs to Mr. Williams upon that where? - A. No.

Q. Did you ever see about that time any copper up in the wharf? - A. I cannot say positively.

Q. Can you tell your own copper from any other? - A. No.

SAMUEL CLARK sworn.

Examined by Mr. Ward. Be cautious, and take care that you speak nothing but the truth, and relate what you know of this transaction, relative to this copper. - A. Richard Drake, John Knotts, and me, took a quantity of copper off Mr. Ashby's wharf, the beginning of September.

Q. Is there any thing by which you can at all trace in your mind what time this happened? - A. I cannot say what day, but it was the beginning of the month; it might be the 9th, or 10th, or thereabours, or it might be the 12th, about the middle of the night; we put it into John Knott 's boat; he keeps a public-house by the water-side.

Q. What sort of copper was this? - A. Old pieces of furnaces and such things; there might be five hundred weight of it; we carried it to John Knott 's house, and sold it to Joseph Aldred a few nights after.

Court. Q. What became of it that night? - A. It was left with him three or four nights, and Aldred fetched it; Aldred and his wife, John Knotts and his wife, and Drake were present.

Q. Did nothing pass among you why he should take it more than any body else? - A. He sold it to him; he was to bring it up to London, and sell it; he was to give 6d. a pound; he came back next day, and brought eight guineas, and gave us on the table; Drake and I had five guineas between us, and Mrs. Knotts took her husband's money, three guineas, that was half a guinea for the reckoning.

Q. Where was it lying when you took it? - A. On Mr. Ashby's wharf.

Q. Knotts was not by when the money was paid? - A. No.

Q. Did he say any thing about where he was to sell it in London? - A. No; any more than it was his friend; he said, he was going to sell it London to a relation of his; he did not say who it was, nor where he lived.

Cross-examined by Mr. Knapp. Q. So this was two or three days after you had taken it from Ashby's wharf? - A. Yes.

Q. He was to take it to London to be sold, but by whom you don't know; this is the first time you have been here I take it? - A. No; I have been here before.

Q. Were you a witness before? - A. No.

Q. The sessions before? - A. Yes.

Q. You gave evidence before? - A. Yes.

Q. You are liable to be tried, you know, for this very thing yourself? - A. Yes, to be sure, Sir.

Q. Then it is a good thing, is it not, to give evidence against any other persons to save yourself? - A. I told of every thing I knew.

Q. Don't you know you will be saved from prosecution now? - A. I don't know, I am sure; it is with you, gentlemen.

Q. No, it is not; if it was, you would be prosecuted, I promise you; since that time, unluckily, you have been taken up again, and been in prison ever since? - A. I have not been out yet.

Q. And now you are swearing to save yourself from being prosecuted? - A. I don't know.

Q. You know you were before the magistrate; when you gave evidence before, you did not give intelligence about this copper? - A. Yes, I did at the first of all.

Q. The prisoners were not taken up for a long time after? - A. Yes, Drake was.

Q. Did you go to the justice and give an account of these people till after that session? - A. No, not till after the session.

Q. You were ordered to be detained to give evidence respecting this copper; the Court refused, and you were taken afterwards to Hatton-street, notwithstanding the application was refused by the Court; and there gave the account of this copper? - A. Yes.

Court. When was it you were first carried before a magistrate? - A. In October.

Q. Did you then state what you are stating now? - A. Yes; I was examined upon this business in October; and in November this information was brought forward.

Q. And they were not apprehended till after your information in Hatton-street? - A. No.

Q. Were the prisoners in custody till you had been a second time before a justice in Hatton-street? - A. Yes, they were.

Q. And discharged? - A. Drake went about his business.

Q. Though Drake was sent about his business at the first examination, and you pretend to swear this business was entered into before the magistrates the first time, were they in custody till the second examination before the justices in Hatton-street; and upon your second examination Drake was again apprehended? - A. Yes.

Q. Drake was discharged, and told to go about his business, though you had told the same story then that you have told now? - A. Yes.

Q. Do you know if there was any body attended before the magistrate at Staines, before whom you

were carried, on the part of Mr. Williams? - A. I don't know; Mr. Ashby was there.

WILLIAM FIELD sworn.

Examined by Mr. Ward. Q. I am servant to Mr. Willett, grocer, at Chersey; Messrs. Willet, Cobb, and Lacosse, are proprietors of the Chertsey waggon. I am book-keeper to the Waggon.

Q. Do you remember, at any time, a parcel sent by your waggon directed to Mr. Bland in London? - A. I booked a basket for Mr. Bland in Shoe-lane.

Q. Do you know it but from the book? - A. No.

Mr. Ally. Q. Is the book here? - A. No; I have the weigh-bill here.

Mr. Ally. Q. That we have nothing to do with.

Q. Where does your waggon come to in London? - A. The New Inn in the Old Bailey.

- RICHARDS sworn.

Examined by Mr. Ward. Q. I am porter to the New Inn.

Q. Do you remember receiving any parcel from the Chertsey waggon, directed to Mr. Bland? - A. Yes; it was one hundred, three quarters, and five pounds. I delivered it at Mr. Bland's in Shoe-lane.

Q. What is Mr. Bland? - A. I don't know.

Q. How was this parcel done up? - A. In a basket. On the 13th, I delivered it to Mr. Bland.

Cross-examined by Mr. Knapp. Q. All that you know is, that you received a parcel of considerable weight, which you delivered to Mr. Bland? - A. Yes.

Q. That is a waggon that travels so many times a week? - A. Yes; twice.

Q. And brings a variety of things, some heavy and some light? - A. Yes.

THOMAS BLAND sworn.

I am a brass-founder in Shoe-lane.

Q. Do you know the prisoner Aldred? - A. Very well.

Q. In what line of life is he? - A. I have been in the habit of buying old copper and brass of him for two or three years past; he is a fallow-chandler, and a kind of hawker; he keeps a small shop.

Q. Do you remember receiving, on the 13th of October last, a parcel by the Chertsey waggon? - A. Yes.

Q. What did that contain? - A. Various kinds of old copper and brass, bell-metal, and altogether.

Q. Who sent it to you? - A. I believe Mr. Aldred. I have been frequently in the habit of buying old metal.

Court. Q. Have you a doubt about who sent it to you? - A. I have not. I paid him ready money for all I bought; to the best of my recollection, I paid Mrs. Aldred for this, but I am not certain.

Q. Have you any doubt that it was on Mr. Aldred's account? - A. No.

Court. Q. Do you mean to say it is customary to buy goods without taking an account of them? - A. What I deal for in ready money, I never make any memorandum of.

Court. Q. I am very sorry for it. - A. It is the custom of the trade.

Court. Q. It is certainly the greatest encouragement in the world to persons inclined to be dishonest.

Q. Do you know William Field ? - A. Yes.

Q. Have you paid him any money lately? - A. Not very lately.

Q. In October last? - A. No; I did not, to the best of my knowledge.

Court. Q. You have bought frequently of him? - A. Not very frequently.

Court. Q. That is a very wide word; have you a dozen times, think you? - A. Yes; I think I have.

Cross-examined by Mr. Knapp. Q. You have known Aldred some time? - A. Yes.

Q. He had a cart of his own? - A. Yes.

Q. So that he might have sent it by his own cart? - A. He might.

Q. The goods you bought you could not have sworn to? - A. The prosecutor came to me twice; I told them they were perfectly welcome to look all over my metal; and they said they could not swear to it.

Q. Then I shall take it for granted, that if the prosecutor could not swear to it, you could not? - A. No.

Mr. Ward. Q. Do you think there was any thing improper in the prosecutor coming to search your house? - A. They behaved very insolent; they halloa'd in the street in the hearing of my neighbours, "this is stolen copper," when I knew they could not swear to it; and I think that was very insolent.

Aldred's defence. I never had a farthing's worth of this copper.

Drake's defence. My Lord, I never had any of it.

Q. (To Bland.) You have known Aldred some years? - A. I have dealt with him near three years.

Court. Q. What is the price of old copper? - A. From 8d. to 9d. a pound.(The prisoner Aldred called John Wheatley, William Marshall , Hercules Cruise, and Ebenezer Brown , who all gave him a good character.)(The prisoner Drake called Thomas Branch, who had

known him twenty years, gave him a good character, and deposed that he had got seven children.

Both NOT GUILTY .

Tried by the first Middlesex Jury, before The LORD CHIEF BARON.

Reference Number: t17960113-6

63. WILLIAM MORGAN was indicted for feloniously stealing, on the 18th of February , a pair of leather half boots, value 5s. a pair of slippers, value 6d. a pair of leather breeches, value 10s. two coloured dimity waistcoats, value 10s. a pair of leather shoes, value 5s. a linen night-gown, value 10s. ten cotton handkerchiefs, value 11s. a pair of silk stockings, value 5s. five pair of cotton stockings, value 10s. two pair of yarn stockings, value 2s. two cloth coats, value 4l. a linen nightcap, value 1s. eleven muslin neckcloths, value 11s. and a leather trunk, value 10s. the property of Peter Moore .

PETER MOORE sworn.

I am a person who has a little property of my own, which I manage as well as I can; I live in Great George-street, Westminster: about the middle of February last, I had to send some necessaries to my son, at Trinity College, Cambridge; I sent it to the Golden Cross, Charing Cross; but instead of its finding its way to Cambridge, I had intelligence about ten days after of its being lodged in Bow-street; I went to Bow-street, before Mr. Justice Addington, I believe, and stated the situation in which the trunk was; the prisoner had then made his escape; it was at length resolved, that the trunk should be released; the trunk was opened, and an inventory taken of the things; they were all restored to me, except two handkerchiefs; I was then bound over to prosecute, very much against my inclination; for I do not wish to prosecute any man; the cloaths were all mine.

WILLIAM BLACK sworn.

I am a patrole belonging to Bow-street office: On Wednesday evening, the 18th of February, about seven o'clock, I was coming up a court that leads into the back way to the Golden Cross-yard; when I got to the upper end of it, my partner being rather before me, saw a man with a trunk in his left-hand; he asked him, what he had got there; he said, what was that to him; he told him, he was the patrole, and he immediately looked round, and dropped the trunk, and ran down the Strand; I cried out, stop thief, and near the corner of Northumberland-street a soldier met him in his arms, and I directly caught him.

Q. Had you lost sight of him? - A. Never.

Q. You are sure that is the man that had the trunk? - A. Yes; my partner took up the trunk, and we brought him to Bow-street; we were detained there a considerable time, before we got a hearing; after which, he was committed to Tothill fields-bridewell; as we were going round Covent-garden-market, the coach was cut down, and he got out at the near side of the coach, and I got out with him; immediately as I got out with him, I had hold of him; I was struck three blows almost immediately at once; I was beat after that on my left side; the whole of my left side, and my head, were beat to a mummy, as it were; and he made his escape; it was then between nine and ten o'clock.

Q. (To Moore.) What day was it you sent this trunk? - A. I am not accurate as to the day, but the book-keeper can tell.

Prisoner. I was not near the place that he says I was; he met me in the Strand, and said, I have lost the man, if I can have nobody else I will have you; I have known you a good many years.

JOHN GILBERT sworn.

I am book-keeper at the Golden Cross, Charing-cross.

Look at that portmanteau. - A. I cannot say whether this is it or not; it is very much like it.

Look at the entry in your book. - A. (Reads.) Cambridge, No. 5, Mr. Moore, A portmanteau, 18th February, 1795.

Q. How is the direction upon that trunk? - A. There is none.

Black. In the scuffle, my Lord, the direction was torn off.

Q. (To Moore.) Is that your property? - A. This trunk has not been in my possession since I saw it, at Bow-street, six or seven months ago.

Q. Was the trunk you saw in Bow-street the trunk you sent to the Golden Cross, to go to your son at Cambridge? - A. It was the same trunk; here are two handkerchiefs which have remained with the trunk, to be identified. (Black produces two handkerchiefs). I received these from Mr. Moore, at the time the trunk was delivered to Mr. Moore; these two handkerchiefs were kept, with his mark upon them.

Moore. These are my property; the handkerchiefs are so much alike, and the mark so easy, made; the marks are R. M. 16, and R. M. 12.

Q. And they were in your trunk? - A. Yes; the rest of them have been delivered to me by Mr. Justice Addington.

Prisoner's defence. I have no witnesses; I have not been in London more than a fortnight, and I am taken at a nonplus; when he took me this last time, he said he should get a guinea or two by me.

JOHN MAY sworn.

I am a patrole: On the 18th of February, my conductor and I met with the prisoner in the Golden Cross-yard, with a trunk; I touched him, and asked him what he had got there; he asked, who I was, and I said a patrole; he dropped it immediately; I staid with the trunk, and Black came into the yard with him in about five minutes after.

GUILTY . (Aged 35.)

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

[Transportation. See summary.]

Reference Number: t17960113-7

64. WILLIAM FOGDEN was indicted for feloniously stealing, on the 6th of August , a black mare, value 10l. the property of Joseph Dent .

JOSEPH DENT sworn.

I live at Bethnal-green; I am an orchill maker .

Q. What is that? - A. A dye used for silk. I had a black Flanders mare stolen out of a field at Bethnal-green , on the evening of the 6th of August last, or on the morning of the 7th; it was an inclosed field.

Q. Do you know how they got her out? - A The staple was drawn out, and the gate opened by that means.

Cross examined by Mr. Ally. Q. Have you not accused another man of the same offence? - A. No.

Q. Do you know a man of the name of Simmonds? - A. No.

Q. Mr. James Simmonds? - A. I don't know any such man.

Q. You have never accused any other person? - A. I could not.

Q. Did you never suspect any other person? - A. I might suspect.

Q. Do you mean to swear, that before the magistrate you did not say you had accused Simmons? - A. No; I said no such thing.

JAMES KENWARD sworn.

I am a weekly carrier from London to Lewes: I bought a black mare of the prisoner, on the 8th of August, at Lewes, 50 miles from London, about one or two o'clock in the day.

Q. Are you sure the prisoner is the man? - A. Yes.

Q. Look at him again? - A. That is the person that I bought the mare of.

Q. Did you show that mare afterwards to Mr. Dent? - A. No; I kept her about a month; she went too fast for me, and I sold her again to Mr. Ellis, who keeps the King's-head in the Borough, the inn where I have come with my team these seventeen years; I gave 16l. for her, and sold her for sixteen guineas.

Q. The same mare you bought of the prisoner, you sold to Ellis. - A. Yes.

Cross-examined by Mr. Ally. What are you? - A. A carrier.

Q. Where do you live? - A. At Lewes.

Q. How did it happen that you were at this place on that day? - A. That is our unloading day, Saturday.

Q. Do you frequently go there? - A. Yes.

Q. Is there a market there? - A. Yes.

Q. Was there a market there that day? - A. No.

Q. Were not you before the magistrate when this man was committed. - A. Yes.

Q. Where have you come from now? - A. From home.

Q. Have you been at home ever since you was before the magistrate? - A. Yes; only going backwards and forwards.

Q. You have not remained in town any time? - A. Yes; from Wednesday to Thursday.

Q. Where do you stay in town? - At the King's-head inn.

Q. Upon your oath were you not committed to goal on account of this mare? - A. I don't know what you mean.

Court. Were you or not taken up and committed to goal? answer the question. - A. I bought the mare fairly.

Q. Have you not been in goal for stealing this mare? - A. No.

Q. Upon your oath were you not in goal yourself since that man has been committed? - A. I have never been in goal in my life; I never was taken up in my life.

Q. I should be glad to ask you, when you went before the magistrate, did not he ask you if you had any body that could prove that you bought the mare of this man? - A. Yes.

Q. In consequence of not being able to produce some person as a witness for you, what did the magistrate do with you? - A. I cannot say any thing about that.

Q. But you must; what did the magistrate do with you? - A. I could bring a witness up.

Q. You are not to shuffle with me; upon your oath what did the magistrate do with you when you were unable to produce any person to prove it. (The witness hesitated).

Q. Upon your oath, don't you know you are yourself liable to be prosecuted if you don't swear to this man. - A. No; I think not.

Q. Don't you know you are liable to be prosecuted as well as that man? - A. No.

Q. You have plenty of witnesses you say, and yet you bring up no witnesses to the fact; upon your oath, what did the magistrate do with you? answer the question.

Jury. When you came before the magistrate, did he not take you into custody? - No; he did not.

Court. Were you taken before the magistrate to account how you came by the mare? - A. I took him up in Spital-fields.

Q. Were you ever yourself charged with stealing this mare? - A. No.

Q. Not when you were before the magistrate? - A. No.

Q. Who desired you to come here to-day; were you not bound over? - A. Yes.

Q. Who bound you over? - A. The Justices.

Q. The mare was in your possession at one time? - A. Yes.

Q. Then don't you think you were as likely to be prosecuted as the prisoner, if you did not find a witness to prove how you came by her? - A. I don't know.

Q. Upon your oath, do you not think you were liable to be prosecuted? - A. I don't think so.

Q. Where was it you say you first met this man when you took him into custody? - A. At a public house in Spital-fields.

Q. Was any body along with you when you went into the room where the prisoner was drinking? - A. Yes; there were two men, one Mr. Cook, belonging to Shadwell-office.

Q. You took him into custody? - A. Yes.

Q. Are you sure he was the man that sold the horse to you? - A. Yes.

Q. And you took him before the magistrate? - A. Yes.

Q. What happened at the magistrate's? - A. I brought up a man from Lewes, and he told them, as well as myself, that that was the man.

Q. Did not the magistrate ask, if you had any body that could prove you bought that mare of the man? - A. To be sure he did.

Q. Upon his saying that, what did you do? - A. I brought a person up.

Q. Did you bring up any person before you went to the magistrate? - A. Yes.

Q. Now the magistrate told you, did not he, that you must produce somebody to shew you bought the mare of the man? - A. He did.

Q. Did he not say, if you did not, he would commit you till you did? - A. He did not.

Q. Did not he say, he would keep you in custody till you did? - A. No; I told him I would bring one up next week, and so I did.

Q. What did he come for? - A. To prove that he was the man I bought it of.

Q. Was he not bound over to appear here to day? - A. No.

Q. How many miles from town was this? - A. Fifty.

Q. When was it? - A. On Saturday the 8th of August.

Jury. Q. Did the mare appear to be much rode? - A. She went very fresh, but rather stiff with her legs; she was a very nimble walked mare.

Q. Did she appear as if she had come fifty miles in a day? - A. She might.

Q. After it was buzzed about that the mare was stolen, you have not told us how you came to find out the prisoner? - A. There was a gentleman told us, (I dare say that was a quarter of a year after), that he was sworn in for a soldier.

Court. Q. But how did you find out where to find the prisoner? - A. The Runner took me there.

Jury. Q. Did you ever see the man from the time you bought the mare to the time you apprehended him? - A. Never.

Court. Q. You never saw him from the time you bought the mare, till he was taken up? - A. No.

Jury. Q. And that was three months, you say? - A. Yes; I described the man to Mr. Cook, at the Public-office; and he said, he thought he knew where to find him; by telling him how he walked, and how he looked; he walks rather stooping.

Court. Q. Are you able, from the observation you made, and the conversation you had with him at Lewes, to be positive and certain, upon your oath, that that is the man? - A. I am sure he is the man.

Q. How do you know him; what was there particular about him? - A. I took particular notice of him.

Q. How long was you in his company, at Lewes? - A. Four or five hours; he helped me unload the waggon.

Q. And this was in the bustle of a race-day, I believe? - A. Yes.

BARNARD ELLIS sworn.

I live at the King's Head, in the Borough: I bought a mare of James Kenward, the carrier.

Q. When? - A. I did not take particular notice of the time; Mr. Dent came and claimed it afterwards.

Q. That was the same mare you bought of Kenward? - A. Yes.

Q. How long have you known Kenward? - A. A great many years.

Q. What is his character? - A. A very good character.

Q. Is he the master of the waggon? - A. Yes.

Q. Where does he live? - A. A little on this side of Lewes; but he goes from my inn to Lewes every week; and did before I kept the inn.

Q. He had a good deal of property coming from Lewes, in his cart? - A. Yes; he had sometimes a nine-inch wheel, and sometimes a four-inch wheel.

Cross-examined by Mr. Alley. Q. How long ago is this, think you? - A. I cannot say; the mare was taken away, and Mr. Dent swore to her.

Q. Do you mean to say you cannot swear how many months it is since you bought the mare? - A. I cannot say, I found the carrier that I bought her of, and he found his man; it is within these six months.

Jury. Was it in the summer, or winter? - A. It was in the Summer; I had her about ten days, or a fortnight, before Mr. Dent took her away; it was above a week, I know.

Q. You have told us about this man's character? - A. I have known him these eleven years coming to my yard; he came there before I had it; I bought her in my own yard; I gave sixteen guineas for her.

Mr. Dent. It is near seven months since I lost her.

Q. (To Dent.) Are you certain as to the mare; are you sure that it is your mare? - A. Very certain.

Q. You have no doubt about it? - A. Not the least.

Jury. Q. How long was it after you found the mare, before you saw the prisoner? - A. I cannot exactly say; I was sent for before the Magistrate, at Shadwell, to produce the mare; and it was a little while before he was committed; I cannot say the time; here is an officer, he can ascertain the time.

Mr. Ally. Q. That was about seven weeks after you lost your mare, that you recovered it? - A. Yes.

Q. It was a fortnight this man had her in his possession? - A. Yes.

Q. You stated of course, that you would prosecute the person who had the mare? - A. No.

Q. You found your mare? - A. Yes.

Q. And therefore supposed yourself entitled to recover her? - A. Yes.

Court. Q. You had no idea of prosecuting him? - A. No.

JOHN COOK sworn.

I am a constable, belonging to the Public-office, Shadwell: On the 5th of November last, Kenward came to me, and asked, if there was a man in custody for horse-stealing.

Q. Was the prisoner by? - A. No.

Q. He had some conversation with you, which led you to go to some public-house? - A. Yes, to the Weavers' Arms, Baker's-row, Whitechapel.

Q. He applied to you, and not you to him? - A. He applied to me; I desired him to stand on one side; I did not go immediately into the house, and according to the description he gave me, I apprehended the prisoner, and then sent for Kenward.

Q. By his description you knew the man? - A. I did; and as soon as Kenward saw him, he shook hand with him.

Q. What did the prisoner say? - A. He said, how do you do.

Q. How came he to shake hands with him; was that a signal you had agreed upon? - A. No.

Q. What did he charge him with? - A. Horse-stealing.

Cross-examined by Mr. Ally. Q. You are an officer belonging to the Public-office? - A. Yes.

Q. Kenward went up and said, you are the man I bought the horse of? - A. Yes; but I cannot particularly swear.

Q. Did not the prisoner say any thing in reply? - A. He did not say any thing to it; he did not deny it.

Q. I ask you, do you not expect a reward? - A. I do not; I know there is a ticket, but whether it goes to the man or not I cannot say, though I have been in the office so long.

Q. Upon your oath, do you not know that it is to be participated? - A. Upon my oath, I do not.

Court. Q. And he is right, for, in horse-stealing there is no reward, there is a ticket.

Prisoner's defence. He said, by Wednesday week, he would bring forward a witness from Lewes, that was in company with the man he bought it of all the day before; and he was sure that man would swear I was the man; the Justice told him, we ought to be both committed; and he brought the man forward; he took the book in his hand, and said, please your Worship, I cannot swear this is the man; if this is the man, he is greatly altered; and I don't think he is the man: says he, the man that sold the horse was in company with me all the evening; says he, this is not the man that bought the horse; I never went out of the way; I have lived in the parish of Bethnal-Green many years; I went to Mr. Dent, and asked him, if he suspected me, and he said, he did not.

For the prisoner.

THOMAS DURHAM sworn.

Examined by Mr. Ally. I am a pauper, in Hackney workhouse.

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

Q. Do you recollect, any time in the month of August, seeing the prisoner at the bar? - A. Yes.

Q. Repeat, as clearly as you can, what you know of it? - A. On the 8th of August, the prisoner and I were at Homerton together; we were doing a job for one Little Jem, they call him, and we dined at the Lamb; I was in company with him from about ten o'clock in the morning till about seven in the evening.

Court. Q. What house was you in? - A. At the Lamb, in Homerton.

Q. Who keeps the Lamb? - A. One Mr. Gattenbury.

Q. Is he here? - A. No; his licence was taken away last licence-day, and the house is shut up.

Q. He must have observed you, a pauper, spending the whole day with this man? - A. No; we worked at a little job in gardening.

Q. This place, Homerton, is a couple of miles, you know, from Bethnal-Green? - A. Yes.

Q. Whose garden did you work in? - A. Mr. Gattenbury's,

Q. When did you hear of this man's being taken up? - A. I never heard of it till the day before yesterday.

Q. What makes you recollect so well, that it was the 8th of August? - A. We were at work for a master coachman, a haying; and we were afraid we should not get the hay off time enough for Lammas-day, which is the 12th, when they turn the cattle upon the Marsh; we finished the 7th of August getting the hay in, and the next day I was in company with this man.

Q. And who saw you in company together? - A. One Robert Towens .

Q. Is he here? - A. I don't know that he is; and there were several more people.

Q. Who else was in company? - A. One William Smith , a chaff-cutter, that lives at Islington, was in company with us, and one Thomas Bowles, a coachman, that drove one of Mr. Bristow's coaches; but now drives a gentleman's coach, at Walthamstow.

Q. Is he not here? - A. Not that I know of.

Q. Who did you dine with, on the 5th of that month? - A. In at the workhouse.

Q. But you was making hay, you know, then? - A. I cannot say I dined in at the house; but our workhouse is joining to the Marsh almost.

Q. You cannot say you dined at the workhouse that day then? - A. I cannot positively say, because we sometimes carried our victuals with us, and sometimes we did not.

Q. Neither the 6th nor the 7th? - A. No.

Q. Did not he give you a supper on the 7th? - A. No; he gave us no supper, but he gave us a couple of gallons of beer.

Q. Are you a pauper still? - A. Yes.

The prisoner called Robert Brown , who deposed that be had worked for him more than a year, and that be never had an honester servant in his life, and John Hollings, who had known him fourteen months, who deposed that he was an assuduous industrious man.

GUILTY . DEATH . (Aged 25.)

(The prisoner was recommended by the Jury to His Majesty's mercy, on the ground of its being his first offence; but, upon Mr. Common Serjeant afterwards informing the Jury, that he had made enquiry, and found that it was by no means his first offence, the recommendation was ordered to be struck out.

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

Reference Number: t17960113-8

65. WILLIAM JESTERMAN WOOD was indicted for feloniously stealing, on the 26th of June , two linen table-cloths, value 20s. the property of Charles Gordon , Esq.

CHARLES GORDON , Esq. sworn.

The prisoner was my servant; he was employed by me on the 30th of April, as a footman ; he continued in my service till the 14th of December, when I ordered him to give an account of what things he had in his box; instead of which, he eloped. During that time, I had several thefts committed in my house. I had no immediate suspicion of any one person in particular; but, as there were such thefts committed, I desired him to give some account of what he had in his care on the 14th of December. I examined the place where he kept his plate, and I found that several articles, that were in his charge, were missing: a couple of table spoons, a silver mug, &c.

Q. Did you miss any linen table-cloths? - A. Yes; and sundry other articles; the footman, you know, in general, has the use of the table linen. I could not charge him with them, but they were in his access. I concluded that he had taken them, because he had not given me a just account of what he had. My wife sent one of the servants out to the pawnbrokers, on the 24th of December; a pawnbroker came to me, and informed me a person was stopped at their shop, and was in custody; he was carried to the sitting Justice in Great Marlborough-street. I attended his examination at the office, when two table-cloths were produced, they were my property; I knew them from the marks upon them: M. G. 95 - I think, M. G. or M. C. G. I am not certain which.

SAMUEL HAMILTON sworn.

I am an officer belonging to Great Marlborough-street.

Q. What knowledge have you of this matter of Mr. Gordon's? - A. On the evening of the 23d of December, I was sent for to Mr. Harrison's, a pawnbroker, in Tottenham-court-road; I found the prisoner there; he had been stopped taking out a pledge of his own; upon searching him, I found some duplicates, two of which led to the property now produced, which was at Mr. Freer's, in Little Pultney-street; I went to Mr. Freer's, and found the cloths; he attended the examination; that is all I know.

- FREER sworn.

I am a pawnbroker in Little Pultney-street; I was not the person that took them in, they were taken in upon the 12th and 27th of June, as appears from the duplicates. The person that took them in has been at sea these six months.

Hamilton. The duplicates I found upon the prisoner, are the same dates; and correspond with the other two.

Q. (To Freer.) When did Hamilton come to your shop? - A. The 24th of December I believe; I am not quite positive. I attended at the office on the 26th of December; the table-cloths were produced there; I have had them in my possession ever since.

Mr. Gardon. These table-cloths are mine; they have the marks that I have stated.

Prisoner's defence. I don't know any thing of the table-cloths; I never had them in my care, but two a week, and, when they were dirty, they went up stairs, and as they came down they went up stairs again.

GUILTY . (Aged 20.)

Tried by the second Middlesex Jury, before The LORD CHIEF BARON.(There was another indictment against the prisoner, but being convicted of the first, he was not tried upon the second.)

[Transportation. See summary.]

Reference Number: t17960113-9

66. THOMAS BOOTH was indicted for feloniously stealing on the 24th of December , seventeen pounds weight of tea, value 42s. and a tin cannister, value 5s. the property of John Sterling in his dwelling-house .

FRANCIS MASON sworn.

I was shopman to Mr. Sterling, who is a brandy-merchant and grocer , in Denmark-street, St. Giles's ; I was not at home when the property was taken.

BENJAMIN KANE sworn.

I am a servant to the parish of St. Giles's, a bearer: On the 24th of December, about half past-five in the evening, I saw the prisoner at the bar, and another in company, coming down Little Denmark-street: Mr. Sterling's shop is in Great Denmark-street, about forty yards from this place; he had a cannister of tea upon his shoulder; I stopped him, and he said a man had given it him at the corner of Denmark-street: I told him I knew better than that, for I knew them both well.(It was produced in Court.)

Mason. This cannister is Mr. Sterling's property. I left it in the shop when I went out.

Q. Is there any mark upon it? - A. I know it by the tare, the tare is twenty pounds, it is marked within side.

Q. How long has your master had this cannister? - A. twelve months.

Q. Have you any doubt about it? - A. No.

Q. How much tea was there in it? - A. seventeen pounds, it was standing in the shop when I went out, we had two of the same kind.

Prisoner's defence. Coming down Denmark-street, I saw a man with that cannister of tea, he said he would give me 6d to carry it into Hog-lane, and that man came and laid hold of me, the other man went away, and I have never seen him since.

GUILTY, Of stealing to the value of 39s. (Aged 14.)

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

[Transportation. See summary.]

Reference Number: t17960113-10

67. ROBERT DAGLEY was indicted for burglariously breaking and entering the dwelling-house of William Rogers and John Cawkwell , on the 18th of December , about the hour of seven in the night, and burglariously stealing four cotton breeches pieces, value 21s. a worsted breeches piece, value 7s. and a kerseymere waistcoat piece, value 6s. the property of the said William Rogers and John Cawkwell , in their dwelling-house .

JOHN CAWKWELL sworn.

I am a taylor and breeches-maker , in Hanway-street, Oxford-street : I am in partnership with William Rogers ; I live in the house, and we keep house jointly. Upon the 18th of December, the prisoner broke the window, I was standing in the shop between six and seven in the evening.

Q. Is that a part of your dwelling-house? - A. Yes; we go through the shop into the parlour; the candles were lighted, upon hearing the window break I ran out, I was not three feet from the window at the time.

Q. Was there any body else in the shop? - A. Yes; I was serving gloves to a person in the

shop; I ran out and saw the prisoner run before me; I called out stop thief.

Q. Did you see where he ran from? - A. Yes; I saw him as soon as I got out, he turned to the right from our house; a person that is here stopped him.

Q. Had you lost sight of the man before that person stopped him? - A. No; I brought him back into our parlour, where he was searched.

Q. Did you find any thing upon him? - A. The things were taken from him by another person in court; his name is Hitchcock, he had the things in his possession.

Q. Did he produce any thing there? - A. Yes; the things mentioned in the indictment; four cotton pieces, a stocking piece and a kerseymere waistcoat piece.

Q. Did you know those things to be your property? - A. Yes; I had seen them just before in the window, when I took out the gloves to shew a person in the shop.

Q. At what distance were they lying from the glass that is broke? - A. Almost close; the things were lying one by another.

Q. Was the whole pane broke? - A. It was a large pane, and part of it was left in at the top.

Q. You did not see the things taken out? - A. No; but I ran out immediately upon hearing the window broke; he was stopped about two hundred yards from my window.

Q. Are you sure you never lost fight of him? - A. No; I was so quick after him I could not lose light of him; I am sure the prisoner is the man.

Q. Did you see any other person with him at the time? - A. No; I searched him in the parlour.

Q. Had you missed any thing out of your window? - A. No.

Q. How lately had you seen them in the window? - A. Not five minutes before; he was stopped before he got out of Hanway-yard, near Oxford-road.

Q. Did you find any instrument upon him? - A. There was a knife found upon him.

Q. Did the glass appear to be cut? - A. I cannot say; the glazier could not tell, I question whether it was cut or not, it was suddenly dashed.

Prisoner. He swears positively it was me, when at that time it was very dark, so foggy that I could not see any thing before me.

Cawkwell. I never lost fight of him; he was not thirty yards from the window when I got out, he was running in the middle of the road.

ISAAC HAWLEY sworn.

I live in Oxford-street: On the evening of the 18th of December, I was turning into Hanway-yard, from Oxford-street, just as the cry of stop thief was; I heard somebody coming down the street towards me, and I made a stand; I saw a person coming with his hand down, and his hands before him, held down in this manner (describing it); I was afraid of meeting him, I caught hold of him, and clapped my hands upon his arms, that he had not an opportunity of moving them; he struggled very hard, and then dropped something; he could not throw them away, he dropped them between us; there was a glass among the things that he dropped, for I heard it fall; he got loose from one hand and I laid hold of his coat, and tore a part of the slap off; his hands were very bloody; he blooded me a good deal. Mr. Hitchcock then came up, and I desired him to take the things off the ground, which he did; I had then hold of the prisoner: Mr. Cawkwell came up; they took the man away from me, and took him to Mr. Cawkwell's house; I went to the house with him, he wanted to fight with us, if any of us would fight with him; we found a knife upon him; it was said he had a pistol, but we found nothing else; he had put his hand in his pocket, but we would not let him take any thing out till he got into the parlour.

Q. How far was he from Mr. Cawkwell's shop when you first saw him? - A. I suppose two hundred yards, or one hundred and fifty; his shop is about the middle of the street, and this was within four or five yards of Oxford-street.

Prisoner. When he was at Marlborough-street, he swore that he saw me throw some things out of my hand before he laid hold of me.

Hawley. I never said so.

JOHN HITCHCOCK sworn.

On Friday evening, the 18th of December, about half past six o'clock, I heard the found of glass break as I was in my own house, about forty yards from Mr. Cawkwell's, on the other side of the way; almost directly after I heard the cry of stop him, or stop thief: I was not certain which; I immediately ran out of doors towards Oxford-street; my house is in a corner, that I could not see any distance before me; but when I got opposite the dead wall, by the muslin-bakers, I saw the prisoner, and Mr. Hawley had stopped him; the things were lying between them; he had just let them fall; I heard the sound of glass at the same time, and I thought at the time that it was waistcoats and breeches with keys in the pockets, but I found it was breeches pieces; I picked them all up, and took the prisoner to the shop; I had hold of him, I believe, all the way; I gave some of the property to Mr. Cawkwell.

Cawkwell. I don't recollect whether I brought any of them or not, but they were all brought in at the same time.

Hitchcock. I picked them all up; I have had them ever since, excepting when they were at the office, and they were taken to the office in Marlborough-street, by one of the officers.

Q. Is that officer here? - A. Yes.

JAMES KENNEDY sworn.

I am an officer belonging to Marlborough-street: On the 18th of December, between six and seven, I think near seven, a person came to the office for a constable, to go to the prosecutor's house, and take the prisoner into custody; I met them before I got to the house, and the things were brought to the office, they were sworn to, and delivered back to Hitchcock.

Hitchcock. They were delivered back to me at the office. (Produces them).

Cawkwell. This cotton breeches piece is my property; I have got another piece of it at home, from which this was cut off; I cut it off myself; here is another breeches cotton piece, with my private mark upon it, in my own hand-writing; here is another breeches piece, I have another piece at home of the same, this is dirted, and the colour changed; here is another with my private mark upon the ticket, in my own hand-writing, this is dirty and bloody: The worsted breeches piece is all over dirt too, it is my property; this waistcoat piece is mine; I have had it above this twelve month, it is all over dirt too.

Q. You can swear to all these things a having been in your shop-window, before you heard your window break? - A. Yes; I had been in the shop about a quarter of an hour.

Q. The prisoner had not been in your shop? - A. No.

Prisoner's defence. On the seventeenth of December, between six and seven o'clock, I was taking a walk down Hanway-yard, there was the name of stop thief cried out; a person ran by me; I directly, my ownself, went after the person, and several people with me; at the same time, as I was just going out of Hanway-yard, this person ran so very fast, that I lost fight of him, and these two men catched hold of me, and used me very ill; I am quite innocent of the crime laid to my charge; I have not got a friend in the world to speak for me: I leave it to the mercy of the Jury, and you, my Lord; I am a sea-faring young fellow, and have no friends.

GUILTY . Death . (Aged 27.)

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

Reference Number: t17960113-11

68. JOHN SENIOR was indicted for feloniously stealing, on the 21st of December , a piece of linen, containing twenty-five yards, value 50s. ten pair of cotton stockings, value 30s. six pair of leather gloves, value 6s. two muslin cravats, value 5s. and two yards of muslin, value 12s. the property of John Wiltshire in his dwelling-house .

JOHN WILTSHIRE sworn.

I am a linen-draper and haberdasher , and live in Cockspur-street .

Q. Did you lose any thing upon the 21st of December? - A. I lost it by finding it upon the prisoner when he was apprehended; he came to me about seven weeks before that time; that night I took an opportunity of removing the counter, wherein is a counter-bedstead that he slept in, in order to see that he slept decent; it was at the back part of the shop; I desired him to sweep out a parcel of papers, and some dirt that I saw, telling him it was very indecent, which he did; I told him to pull all the clothes down, and make it all neater and more comfortable, with which he gathered up something in his arms in this manner, (describing it), part of his clothes, as I thought; I asked him what he had got in his arms, say he, they belong to me; says I, let me see what they are; he said they belonged to him; I said I insisted upon seeing what it was; he ran to the door with them in his arms; I ran after him to the door, and caught him before he could get to the door; I laid hold of his collar, and he dropped this piece of Irish linen, (producing it); it contains twenty-five yards; I told him I was very sorry to see that, and told him to come back, for I would now go through with it; and I asked him for the key of his box, which was in the same place; he opened it very readily, and took out eight pair of cotton stockings, six pair of mens leather gloves, two muslin cravats, and two remnants of muslin.

Q. What is the value of these articles? - A. Five or six pounds at least, they are full worth that; I sent for a constable, and he took him to the watch-house, and the next morning to Bow-street.

Q. Do you know at all when these effects were taken? - A. I do not.

Q. Can you tell if they were taken at any one time, or at several times? - A. I cannot.

Q. What is the utmost value of any of these articles? - A. The piece of Irish cost me 2s. 2d. a yard, twenty-five yards of it 2l. 14s. 2d.

Q. No other article is of so much value as that? A. No; not separate.

Q. You did not miss any of these articles till you found the whole together? - A. No.

Q. You cannot tell when you had seen them? A. No.

Cross-examined by Mr. Knapp. Q. This unfortunate lad is no more than sixteen years old, I believe? - A. I think, he says about seventeen.

Q. Have you any parter in your business? - A. None.

Q. You would not have known that you had missed any property at all, but for the circumstances you have stated? - A. No.

Q. You stated very fairly that the value you have set upon the Irish was the utmost you could state? - A. Yes; the utmost.

Q. The difference of money is great, since the days of Queen Ann? - A. I suppose so.

Q. He opened his box very readily? - A. Yes.

Q. I believe he came to you from the country? - A. No; from Bruton-street.

Q. You speak of that piece of Irish as to the prime cost? - A. Yes.

Q. And you are speaking of the value of money at this time? - A. Yes.

THOMAS - sworn.

I am constable at St. Martin's watch-house; on the 21st of December, Mr. Wiltshire came to the watch-house for a constable, and desired I would go with him to his house: that his boy had robbed him. I saw the young man in custody of some people that were there; I brought him to the watch-house. I desired that he might go up stairs to bed, and not be put down in the black hole; and next morning, he was taken to the Magistrate. Mr. Wiltshire produced the goods before the Magistrate; he has had them ever since, except these two pair of cotton stockings, which I had out of the prisoner's pocket, (producing them).

Court. (To Wiltshire.) Q. Look at that Irish. Are you able to say that that piece of cloth is your property? - A. Yes; I know it by my own mark. These two pair of stockings, which the constable has, have no mark upon them; the other eight pair, some of them have the marks taken off; there are three pair that have my own mark upon them. The gloves are not marked.

Court. Q. Is there any thing by which you can undertake to say they are your's? - A. I believe it; but I cannot, upon my oath, say that they are my property. One of the muslin cravats is marked, the other is not; the two yards of muslin I believe to be mine from the look of it.

Mr. Knapp. (To Wiltshire.) Q. Many of the articles that have been produced you have not been able to swear to, because they have no marks; you say, from your belief, you believe them to be your's? - A. Yes.

Q. The articles having your mark, have your general shop-mark? - A. Yes.

Q. When you sell goods out of your shop, do you sell them with the marks on, or do you take them off? - A. If that piece of Irish had been cut.

Q. But suppose I go and ask for exactly this quantity, would you sell it me with the mark on? - A. I should sell it with the mark on.

Q. So that this Irish might get, in the course of your trade and business, into other hands? - A. I suppose it might; and I wish you may find it so.

Q. I take it for granted, that if it might get into the world in that way, you will not swear it might not have so gone? - A. Yes, it might; and have come in again, and got into that situation.

Q. The stockings might have got out into the world in the same way as the Irish? - A. Yes.

The prisoner left his defence to his counsel.

For the Prisoner.

JAMES SENIOR sworn.

I am a haberdasher, and live in Bruton-street; I am a distant relation: he came from his father out of the country to me; he lived with me.

Q. What is your opinion of him? - A. Such, that I was sorry to part with him; he lived in my service.

WILLIAM LANGDON sworn.

I live in George-street, Portman-square; I keep the books of different tradesmen: I have known him ever since he first came to London, two years last August: I always thought him to be a sober, honest, obliging young man.

WILLIAM PEARCE sworn.

I live in Richmond-buildings, Dean-street, Soho; I am a lace merchant: I have known the prisoner about two years, he bore a very good character; he has been sent to my house with property, and had always conducted himself faithfully and honestly.

CHARLES ADAMS sworn.

I am a ribbon-manufacturer, in Bread-street, Cheapside; I have known him about two years, his general character is a very good one; he has taken property from my house to Mr. Senior's, and from Mr. Senior's to my house, and always delivered it very honestly.

WILLIAM SENIOR sworn.

I am a distant relation, a haberdasher, in Berkley-square: I have known him for many years before he came to London, but have been intimately acquainted with him these two years; his general character was a very honest, steady, sober young man; he always paid particular attention to his business.

Prosecutor. Exclusive of this act, I believe him to be of a very simple disposition, and a very good kind of a young man.

GUILTY,

Of stealing goods to the value of 39s.

Tried by the second Middlesex Jury, before The LORD CHIEF BARON.

[Imprisonment. See summary.]

[Fine. See summary.]

Reference Number: t17960113-12

69. JANE MILWATERS was indicted for feloniously stealing, on the 28th of December , sixteen guineas, the property of Peter Wilson , in his dwelling-house .

MARY WILSON sworn.

I am the wife of Peter Wilson , who keeps the King's-head, the corner of Chiswell-street : the prisoner was my servant , she came to me the Saturday before Christmas-day. I had the keeping of my husband's money; I kept it in the top chest of drawers, in my bed-room, locked up; I put it in the drawer between one and two o'clock on Monday the 28th of December, the day it was lost. I did not miss it till the Saturday following; I had no occasion to go to the drawer for money before; I have never seen the money since.

Q. What reason have you to charge the prisoner? - A. By the manner of her going away. She left the house the Monday night, the same day that the money was missed; she wanted to go very much, and I asked it of her as a favour to stay, if it was only for a fortnight, and I would handsomely reward her; at last, she said she would stay till tomorrow. Just after, she went up stairs and fetched her bundle down, and insisted on going that night. She confessed it afterwards before the Magistrate.

Q. Did you tell her it would be better for her if she confessed? - A. Yes, I did.

WILLIAM BENNET sworn.

The first time I saw this woman was at the White Hart, Giltspur-street, about six weeks ago, or two months, or not so long; she came there and got a place; a few days after she and I became acquainted together, and from that time she and I lived together: I came home one day in liquor, and I was discharged; she came home to the bar, and said, I was her husband, and insisted upon being discharged to; she pawned some things for two guineas, and bought me some clothes; we lived together from that time; I got a place in Stationers-alley, and she went to live with this lady; she said, she had got some money from the country, and, if I had a mind to leave the place and make her my wife, I should have it; she said it was ten guineas; upon that, I came away; my mistress paid me my wages, 7s. 6d. and as such, we came away; I left my box at the Red Lion, King-street, Golden-square; she agreed to buy houshold goods; we were to have been married; every thing was bought, and it was agreed to continue in service a twelvemonth longer, and put ourselves in a small way of business; and I thought she was a young woman that would make a very suitable wife; and not having a wife, I thought I would embrace the opportunity.

HARRY MOORE sworn.

I am an officer: I apprehended the prisoner, that is all I know.

Prisoner's defence. This money, that they blame me for stealing, a gentleman, in Gray's Inn-lane, gave me ten guineas to sleep with me that night; he said he lived in Gray's Inn-lane, and then he gave me six guineas more, and said, he would take a room for me, and keep me like a gentlewoman.

Mr. Justice Heath. There is no legal evidence to affect the prisoner; it is a very suspicious case certainly; there are some very strange circumstances.

NOT GUILTY .

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

[Mr. Justice Heath. You have had a very narrow escape indeed; there is no doubt, from the evidence, and from your own confession, but that you are guilty.

Reference Number: t17960113-13

70. CHARLES WILSON and JOHN ANDERSON were indicted for burglariously breaking and entering the dwelling-house of John Hunter , on the 3d of January , about the hour of one in the night, with intent the goods of the said John Hunter , in the said dwelling-house then being, feloniously and burglariously to steal .(The case was opened by Mr. Knapp).(The witnesses were examined apart at the request of the prisoner).

JOHN HUNTER sworn.

Examined by Mr. Knapp. I keep the Coach and Horses public-house, upon Eyre-street-hill, Coldbath-fields .

Q. Were you the last person up in the house, on the 3d of January? - A. I was.

Q. Did you see every part of your house secure? - A. I always do.

Q. Did you observe particularly the cellar which comes out into the street, was that secure? - A. Yes; with two bolts, as usual, on the inside.

Q. What time did you go to bed? - A. Between eleven and twelve, my usual time.

Q. All the other persons in the house were in bed? - A. I am always the last up.

Q. Were you alarmed, and what time in the night? - A. At one in the morning, Sunday night, the 3d of January, I was alarmed by the watch man knocking at my shutters; I got up, and came down stairs into the street, and got a light from him.

Q. In consequence of what passed between you

and the watchman, where did you go? - A. I went into the house, and down the cellar stairs, into the cellar.

Q. Before you went there did you see any thing respecting the cellar? - A. When I went out to the watchman to get the light, I saw the cellar slap moved out; it was rose from where the bolts go in, and was drawn out; they were fairly started out.

Q. Does it not open by hinges? - A. No, it does not; it slides in a groove.

Q. What do you mean by the bolts being started? - A. They were fairly bent out of the place where they went into the wood.

Q. Were there any appearances, upon the slap of the cellar, how this must have been done? - A. By a crow, I should suppose.

Q. But, from the appearance of the slap, how do you think it must have been done? - A. By an iron instrument.

Q. From within side, or the out? - A. It must have been on the outside; it could not have been done inside.

Q. This violence appeared to be done to the cellar slap; what did you next do? - A. When I got the light of the watchman, I desired him to watch the door, to see that no thieves came out: when I went down into the cellar, I went to the bottom of the stairs where the slap laid over; there I saw the prints of some people's feet; there were no steps for them to go down; there was a run down into the cellar; I looked to see if I could see any body; I smelt a very strong smell of sulphur; I looked about my front cellar, it is very large; I saw nobody; I then went into my long cellar, which is forty yards long, that goes out of this cellar, there is a door opens between the two.

Q. Is the long cellar your store-cellar? - A. Yes; I then walked on, but could not see any body; I went on till I got near the further end of the cellar; I then could see the further end of the cellar, but saw nobody: I was just upon my heel to turn round, to come back, and all at once, I discovered the crown of a man's hat, behind a butt, adjoining the wall.

Q. Did the hat appear to be upon the man's head? - A. Yes; as soon as I saw that, I halloa'd out murder and thieves, directly, to get people to come to my assistance; and I immediately darted forward, where I saw this man's hat; I darted forward with this weapon, a tuck belonging to a can, which was broke three pieces off; I immediately made a push at the fellow; and I believe I run him through the neck; another man sprang up from the left side of the cellar; the other was upon the right side; he was behind a butt; he immediately knocked the candle out that I had in my hand: after two or three pushes with my weapon, I found it gave way; when I found my tool would do no more execution, I threw it away, and took to my fists; the other man coming and knocking the candle out; I was then engaged with the two; I was then in the dark, and we were all three presently upon the ground; I was soon up, and had at them again, in the dark, and brought them to the ground again; both of them and I were in that situation, up and down, I suppose, a dozen times, before any assistance came to me; my mistress then screamed out, and waked my son; for I had never thought of calling him, not my servant: my son came running down, and the watchman with him, down the same stairs that I came down through the house.

Q. They brought a light with them, I suppose? - A. Yes; the watchman's light, we were then upon the ground all three of us; my son coming along between the butts, picked up a large piece of wood as long as my arm; he saw a man upon me, and he struck the top man and fetched him down from off me, and I got the other man secure in a moment; when I was got shot of one, and when my son struck the tallest man, Wilson, he cried out, what do you want to rob and murder me, and rob me of my property? my son replied, it is much more likely that you come here to rob and murder my father, and my son gave him another blow; the watchman and people, and some others then came up; they all came nearly together, but my son was foremost, he had nothing but his shirt on.

Q. These were the two prisoners at the bar? - A. Yes.

Q. You are quite sure of it? - A. Yes; they were never out of my hands.

Q. After they were secured, was any thing found? - A. There was a parcel of picklock keys picked up by the watchman in my presence, just upon the spot where we had been rolling and tumbling together; he found also a dark lanthorn upon the same spot, they were then secured and taken to the watch-house; after we returned from the watch-house, which was about an hour afterwards, I went down into the cellar to see if we could find any thing else.

Q. Who went with you? - A. My son and several others.

Q. When you went down into the cellar, did you find any thing more? - A. Yes; we found a pistol nearly upon the same spot where we had been struggling, it was loaded with three balls, and an iron crow.

Q. Have you got the pistol here? - A. Yes; with the name of Twigg, London, upon it,(produces it.)

Q. Is it loaded now? - A. Yes.

Q. Was there any thing else? - A. Yes; an open ward key, and some picklock keys; I suppose there were eighteen of them altogether: I then went up stairs, when I got the people away, and went to bed.

Q. Have you ever done any thing with the crow? - A. I tried it with the cellar slap, and it fitted the place exactly where they had rose the slap up; if they had happened to have come behind me, they would have done for me properly with this,(the crow).

Cross-examined by Mr. Ally. I will only trouble you with one question, and that is your Christian name? - A. John.

Q. You went down from your house into the cellar? - A. Yes.

Q. There are two communications to your cellar? - A. Yes, one from the street, and another from the house.

Mr. Knapp. Q.One is for conveying your goods in, and the other to go for any thing you want? - A. Yes.

JOSEPH TUCKLEY sworn.

I am a watchman upon this beat, where Mr. Hunter's house is; when I went half past twelve o'clock, Mr. Hunter's house was fast, the slap of the cellar was fast; I went again past one, I saw the slap of the cellar thrown up, it appeared to have been pushed off by a crow; I put my foot upon it and called Mr. Hunter up; he ordered me to stop till he came down; I gave him a light, and he desired me to watch; I heard a call of murder and thieves, and then I went down into the cellar, and his son followed me down as fast as he could in his shirt, with no shoes, not stock ings, nor any thing on, in the cellar: I saw Mr. Hunter down; I saw the prisoner Anderson striking him; Wilson flew at me, and I struck him; when Mr. Hunter's son and the other man came down, I catched hold of Wilson, they were both taken to the watch-house; I came back and found these things upon the floor near the cellar head,(produces about a dozen picklock keys), and this handkerchief, and a dark lanthorn, (producing them); I have had them ever since, I took them to the watch-house, and they delivered them back to me.

JAMES HUNTER , jun. sworn.

Examined by Mr. Knapp. Q. In consequence of murder and thieves being called out, by your father, you went down into the cellar? - A. Yes; I saw the prisoners there.

Q. Describe in what situation they were and your father? - A. One was on the ground, Anderson, and my father upon him; I got a log of wood off a pile in the cellar, and made use of it immediately; I struck Wilson on the head.

Q. You succeeded in the end, and took the two prisoners? - A. Yes; I went with them to the watch-house.

Q. Were you present at any time when they were searched? - A. Yes; there was a piece of candle found upon Wilson, I believe.

Q. Did you see any thing else? - A. No further than the money that was found upon him.

Cross-examined by Mr. Ally. Q. You live in your father's house? - A. Yes.

Q. Then take it for granted, you are concerned with him in his business? - A. No; I am only at home with him.

BENJAMIN SPRIGGS sworn.

Examined by Mr. Knapp. Q. You are a watch-house beadle? - A. Yes.

Q. Do you remember the prisoner's being brought to your watch-house, on the 3d of January? - A. Yes; between the hours of one and two, by Mr. Hunter and the watchman.

Q. Did you search the prisoner? - A. I did; I found on Anderson, a piece of candle, I think in his right waistcoat-pocket; but I am not clear.

Q. Did you find any thing else? - A. Nothing but some halfpence, a tobacco-box and a pair of gloves; upon the other, I found a watch, two guineas and a half in gold, and seven and six-pence in silver, and some halfpence, which the magistrates ordered to be returned to him; I went the next day to Mr. Hunter's and found the iron crow; I tried it with the slap, and it exactly fitted.

Jury. Q. Did you observe whether the bolts were wrenched up? - A. I did not; I only tried the outside.

Wilson's defence. I have nothing to say; I leave it to your Lordship and the Jury.

Anderson's defence. I hope you will be as merciful as you can; I never was guilty of such a thing before; it is the first time I was ever brought before a Justice in my life.

Wilson, GUILTY , Death . (Aged 36.)

Anderson, GUILTY, Death. (Aged 24.)

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

Reference Number: t17960113-14

71. MARR KAY was indicted for having put off, on the 9th of October , to Edward Rogers, twenty-five pieces of milled money, made to the likeness of the coin of this realm, called a six-pence; the same not being cut in pieces at a lower rate than the same did import, that is to say, twenty-five for half a guinea .(The Case was opened by Mr. Fielding.)

EDWARD ROGERS sworn.

I am an officer of the Police office, Shadwell: On

the 8th or 9th of October, I had directions from the magistrates to look after people in this line; I was passing in Great Queen-street, and saw Mr. Kay, and Mr. Barber who has been convicted, and Mr. Nichols, from Birmingham, standing at the King's-head door, they spoke to me; and we went in together to drink in the tap-room.

Q. Did you know them before? - A. Yes.

Q. Did any thing pass respecting any transaction? - A. Yes; between Barber and I, and the prisoner was in company in the tap-room; I am not certain the prisoner heard what passed; it was said to me in a whisper, Kay, and Barber and I were sitting altogether in a box, and Barber whispered to me, and then whispered to Kay what he had said to me.

Q. Did you hear him? - A. I saw him whisper to him, and then he whispered to me again; Kay went away, and I saw him again in about three quarters of an hour after, in Robins's auction-room, Covent-garden, he was sitting at the table, and purchased some lots of plate, but no conversation took place till he came out to the door; then Nichols, Barber, Kay and I, went to a public-house near the Seven-dials; Kay, Barber and I then spoke relative to the money Barber had told me of before.

Q. Are you sure Kay heard what was said? - A. Yes; I told him I wanted some of the whites, meaning sixpences I had been speaking to Barber of, and asked what time I could have them; Barber, Kay and I agreed to meet at eight in the evening, at the house we had been previously at, in Great Queen-street, Lincoln's Inn-fields; Barber mentioned the terms, and Kay and I agreed to it; we agreed for fifty sixpences for a guinea; I agreed to the terms.

Q. What part did Kay take in this? - A. He mentioned the hour of meeting; I was to have twenty-five for half a guinea; I said that was a small quantity; they both said they were of a superior quality half copper and half silver; I went to Great Queen-street in the evening, according to appointment; Barber and Kay were in the tap-room; Barber whispered to me.

Q. Did the prisoner hear him? - A. I cannot pretend to swear he did; when Barber and I had agreed, we went into the kitchen, and I gave him half a guinea, and he delivered me the twenty-five sixpences; we returned to the tap-room, and Barber handed the half guinea to Kay; Barber told me he could let me have twenty-five more; we went again into the kitchen, and I gave Barber a guinea; we returned to the tap-room, and Barber handed the guinea to Kay, saying, you owe Mr. Rogers half a guinea; accordingly Mr. Kay put his hand in his pocket, and handed me half a guinea. (The sixpences were produced in court.)

Cross-examined by Mr. Ally. Q. You communicated this at the Magistrate's office? - A. Yes, immediately. On the 16th of October, I went with Armstrong, and some other officers, and pointed out Kay, at the same house.

Q. How many days intervened, between the transaction and the apprehending them? - A. The transaction was the 8th, and this was the 16th; that night I had to go to other places; and the next morning I went to the Magistrates.

Court. Q. To whom did you say you wanted the whites? - A. To both; but Barber was the most active.

Q. Did you say it so that Kay could hear it? - A. Yes.

Q. Barber proposed to give you fifty for a guinea? - A. Yes. I wanted more, at the house at the Seven Dials, and they both refused to give me any more.

Q. Kay was not in the kitchen when the twenty-five sixpences were given for the half-guinea? - A. No.

Q. Nor when the other twenty-five were given for the guinea? - A. No.

Mr. Ally. This man surrenders this sessions to be tried, for this charge, a second time? - A. Yes.

Q. Although the agreement was entered into between you, Barber, and Kay, at one place, yet at the time the money was put off to you, was Kay present? - A. No; he was not.

Court. In this case, it does not appear that the prisoner was present at the time of putting off this money; and the putting off is a personal act; which a person must do himself, or be present at the putting off, which is not the case here.

NOT GUILTY .

Tried by the second Middlesex Jury, before The LORD CHIEF BARON.

Reference Number: t17960113-15

72. JOHN ROBOTHAM was indicted for feloniously stealing one hundred and four pounds of raw sugar, value 3l. 3s. and an hempen bag; value 9d. the property of John Newman and Abraham Thwaites .

WILLIAM JACKSON sworn.

I am warehouseman to the prosecutors, Messrs. Newman and Thwaites, grocers , in Fenchurch-street; the prisoner was a porter in our house. On Saturday, the 26th of December, I had some reason to suspect the prisoner, and kept a watchful eye upon him; in the afternoon I observed him in a particular part of the warehouse, where he had no

right to be. About five in the evening, I saw him go into a dark corner, and stay longer than he had a right to stay; he had not business there at all. About half after five or a quarter before six, as I was in the counting-house, I heard the door open, I thought the prisoner had gone out; I went out at a different door of the warehouse, and went round some houses, and up an alley that leads to that door, expecting to meet the prisoner with something, but I met with nobody. I came to the warehouse door, and saw a hole where some bricks were taken out. I then looked through the railings of some pallisadoes that goes into a church-yard, and saw a bag lying in the burying-ground close to the wall of our railing; I got over the railing, and felt the bag with my hand on the outside, and it convinced me there was sugar from the feel; it struck me who put it there; I went and looked in the hogshead I suspected it to come out of, and there was about one hundred weight gone, and the mark of a canvas bag in the sugar, which I never before observed in a hogshead, and the marks of a sist which had been put under the bag to take it up, the sugar was all dug out in one place; I had looked at the hogshead several times in the afternoon, and it appeared to be in the same state that it was the day before.

Q. Before this time you had not observed any taken out? - A. No; not out of that hogshead; about seven o'clock I told Mr. Thwaits what had happened; and set a person to watch who came to take it away; about ten o'clock at night we paid the men their wages, and they went away, and the prisoner among them the rest; I went to a neighbour's house Mr. Hales's, at the bottom of the alley, and, in about twenty minutes, I heard a noise at the top of the alley; I ran out, and three or four of our men had the prisoner and the bag in custody; he had conveyed his knot, privately, out of the warehouse, to carry it away; I saw his knot in the warehouse at nine o'clock.

Q. As you stood at Mr. Hales's house, could you see the knot in the church-yard? - A. No.

Q. Did you take such notice of the bag, when you saw it in the church-yard, as to know it to be the same bag when you saw it afterwards? - A. I saw it before, in the morning, in the warehouse, and I could swear to the bag; it was a new bag; it had never been used in our business; if it had been an old bag, I should not have observed it so much; a new bag had no business there; we sent for a watchman; he was asked, what was in the bag; he said sugar: I said, John, is there any thing else in the bag; he said, no; I asked him, where he was going to carry it; he said, he would not tell me; I took a piece of the sugar out in my hand, it was so like the sugar in the hogshead that, I believe, I could swear to it from circumstances.

Q. Can you swear to the bag? - A. Yes; it was our bag.

Q. How much was contained in the bag? - A. It was weighed, and there was three-quarters and twenty-three pounds; three pounds were taken off for the bag; and there was one hundred and four pounds of sugar; it is in the constable's possession.

Cross-examined by Mr. Knowlys. Q. You kept a watchfull eye over this man, but saw him do nothing? - A. No; I did not.

Q. You saw a bag by a hogshead, and thought it a strange thing? - A. It had no business there.

Q. Did you examine the bag? - A. I took it up twice.

Q. Was there any mark upon it? - A. I don't know.

Q. Having taken it up twice, and without knowing whether it has any mark, you swear to this bag which has a mark? - A. I could swear to the bag; I cannot swear to it in its present state, it has been so tumbled about; when it was produced, I knew it; it was a new bag; I could swear to it from the complexion of it.

Q. Is not the complexion of it the complexion of every new bag? - A. No.

Q. Are not such bags in common use? - A. I never saw such a bag out of our shop; I am told they are used to bring corn from abroad.

Q. Have you any other reason to swear to this bag, than that it was a new bag, and the bag you saw by the hogshead was a new bag? - A. No.

JOHN BELL sworn.

I am shopman to Messrs. Newman and Thwaits: On the 26th of December, about half past ten o'clock at night, I, in company with several other persons, took John Robotham , at the head of Tabernacle-alley, coming from the church-yard.

Q. Did you see where he took the bag from? - A. No.

Q. Do you know who that bag of sugar belongs to of your own knowledge? - A. No.

JOHN WILSON sworn.

I am servant to Messrs. Newman and Thwaits: I was watching the sugar in the church-yard; at near half after ten at night I saw a man get over the church-yard gate; he went near to the bag, and then turned back, and looked down the passage that he came up; he came back and got hold of the bag, and I went and alarmed the people below; I went down stairs as quick as I could, and they had seized him in the passage, when I got there.

Q. Is Tabernacle-alley the passage you mean? - A. I don't know the name of the passage.

Q. Was it the same man you saw that was seized? - A. Yes; there was no other man in the church-yard; I came up in about three minutes and saw the prisoner and the sugar, in the custody of Bell and Hodson.

Q. When the man got over the gate, could you see who it was? - A. No; I could not; I believe it was the prisoner; I could see him in the church-yard.

Cross-examined by Mr. Knowlys. Q. You told us you believed it was the prisoner, because there was no other person by? - A. I swear positively, he was in the church-yard.

Q. Do you mean to say you are certain, because there was only one person in the church-yard, and the prisoner was the man you saw in the alley? - A. I saw him in the church-yard.

Q. There is another sugar-house on the other side of the church-yard, belonging to another person? - A. Not that I know of.

WILLIAM HODSON sworn.

I saw the bag lying in the church-yard, and I took the prisoner with the bag upon him; I did not see who took it up.

Q. This alley was no thoroughfare? - A. No.

Q. Did you observe where the man came from, when you took him? - A. He was coming from the church-yard; he was lifting the bag on his knot; when I first saw him there was a mark where the bag was put over the pallisadoes; Mr. William Jackson asked him where he was going to take it to, and he said, he would not tell him.

Cross-examined by Mr. Knowlys. Q. You saw a man pick up a bag, on this side the church-yard? - A. Yes.

Q. How many persons are employed in your warehouse? - A. I don't know.

Q. How many porters? - A. Eleven.

Q. There is a sugar warehouse on the other side of the church-yard? - A. I believe there is.

Q. Might it not be thrown into the church-yard from the other sugar-house? - A. No, I believe not.

Q. Might it not be thrown from a window of the other sugar-house? - A. I don't know that there are any windows of that sugar-house looking into the church-yard.

Q. Will you swear that there are not twenty windows that look into the church-yard? - A. I don't know that there are any.

Q. If there are any windows, might it not be thrown from there, as well as from your warehouse? - A. No, not in that place.

THOMAS THROWSBY sworn.(Produces the bag of sugar). I received this bag from Messrs. Newman and Thwaites, in Fenrchurch-street: I have had it in my custody ever since.

Mr. Thwaites. I can swear to it as much as any person can swear to sugar; I examined the hogshead; Jackson has more knowledge of it than me; I can swear I firmly believe it to be ours.

Q. (To Jackson.) Can you swear to the sugar? - A. It is impossible for a person to swear to it; I firmly believe it is Messrs. Newman and Thwaites; it is a particular sort of sugar.

Q. Can you swear the bag you saw taken from the church-yard, and found upon this man's head, was a bag of your master's? - A. Yes; I can swear to it positively.

Q. Supposing the sugar was out of the bag, could you swear to the bag being your master's property? - A. Yes; I could.

Mr. Knowlys. Q. If you had seen the sugar in my house, could you swear to it? - A. I cannot say I could.

Q. As to the bag, is there any mark by which you could swear to it? - A. No; only the impression it made upon me.

Q. By what did you know it was your master's bag? - A. By the impression it made upon me.

Prisoner. I leave my defence with my counsel.(The prisoner called five witnesses, who gave him a good character).

GUILTY, Of stealing the bag . (Aged 33.)

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

[Transportation. See summary.]

Reference Number: t17960113-16

73. RICHARD BROOMFIELD was indicted for feloniously stealing, on the 23d of December , seven pounds of raw sugar, value 3s. the property of Joseph Sabine , Robert Wagner , Timothy Holland , Thomas Henton , Jonas Deane , John Taylor , Thomas Knight , Henry Winpus , John Brooke , and John England .

JONAS DEANE sworn.

I know nothing about this business, but from information.

- STEELE sworn.

I am a day-labourer: I was weighing off some sugar, in the first story of the warehouse in Galleyquay ; we went up into the third story to weigh off; I missed a fourteen pounds weight; I went down to the first story, to look for the fourteen pounds weight, and saw the prisoner lying himself down between two hogsheads of sugar, with a hat full of sugar under his arm; he tried to hide it as well as

he could; a part of the hogshead of sugar was knocked in; I asked him what business he had there; he made no answer; I pulled him from between the hogsheads of sugar; I bid him go down stairs, took his hat from him, and put the sugar into the hogshead; I pushed him down, he was loath to go; I said, go down stairs, you have no business here; he went down; I went to my work; a little while after, looking out, I saw the prisoner cross the street to a lone house, where the door was opened.

Q. Was that where the prisoner was taken? - A. Yes? my master bid the keeper give a look out, to see him come out; a few minutes after, I saw him on the leads of the house, where they dry cloaths; I said, there is the man I saw with the sugar; I will swear to him; then my master sent over a man, who took hold of him, and found more sugar about him.

Q. Are you sure this is the man? - A. I am certain this is the man: when I wished him to go down, he said, give me my hat; and pretended to be drunk.

Q. Was he drunk? - A. No; I believe he was sober enough.

WILLIAM GREEN sworn.

I am an officer: I was sent for, on Wednesday the 23d, to take take charge of this man, in the house where he was taken; I searched him, and this sugar tied round his middle, under his apron; I went over, with the gangsman, into the warehouse; I found another hogshead knocked in, took some sugar out, and found it to be the same sort as the sample I took out of the hogshead; he behaved very ill when I apprehended him; this is the sugar,(producing it).

Jury. Q. How do you know it to be the same sort of sugar, by the taste, or look? - A. By the look.

JAMES MILLS sworn.

I am a warehouse-keeper: On the 23d of December I was called out of a warehouse opposite that the sugar was supposed to be taken from; and was told the prisoner was in an empty house, upon the top of the leads; I went there; he was then come down to another story, and pretended to be much in liquor; I saw the sugar taken from him.

- DEANE sworn.

I am a gangsman.

Q. Who do these warehouses belong to? - A. Collings and Johnson.

Q. Who have the care of the things in it? - A. Me and my partners; there are ten of us.

Q. Are you answerable for things in those warehouses? - A. We are; I know nothing of the transaction but what was related by Steole; he called me down; it is like the sugar that came out of the hogshead; but as sugar is so much alike, I cannot positively swear it came out of that hogshead.

Prisoner's defence. I never took it from them; I never belonged to them; a keeper called me to roll nine hogsheads into Water-lane; he told me to scrape the hogshead; there was a little sugar I might have for my trouble; I scraped this out of the hogshead, and put it into the handkerchief; this man came into the house where I was, and took me into custody, and charged me with stealing the sugar.

GUILTY . (Aged 40.)

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

[Transportation. See summary.]

Reference Number: t17960113-17

74. GEORGE WOOD was indicted for feloniously stealing, on the 23d of December , twenty-six pounds of raisins, value 10s. the property of Richard Garratt .

CHARLES BRIGHTWELL sworn.

I belong to the wharf, Cox's quay : On Wednesday the 23d of December I saw the prisoner take a box of fruit off the pile.

Q. What fruit? - A. I believe a box of plumbs; I did not see the inside of it.

Q. Do you know who it belonged to? - A. Richard Garratt; the prisoner took it away; I pursued him up the passage from the quay, and took him with it.

- WELLS sworn.

I am a city constable: I was sent for to take charge of the prisoner; and the box was delivered to me; it has been in my custody ever since.

RICHARD GARRATT sworn.

I am a watchman, on Cox's quay; these goods were in my custody.

Q. Look at that box: was that a part of the goods in your custody? - A. Yes; I saw it on the pile; it contains muscadine raisins; it is marked.

Prisoner's defence. I was coming down to get a job of work; I saw this box of fruit lying in the passage; I took it up and gave it to the man, and said, there was a box of fruit, and bid him take it down; he laid hold of me, and said, he would swear my life away, if possible.

GUILTY . (Aged 43.)

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

[Transportation. See summary.]

Reference Number: t17960113-18

75. JOHN GIBBONS BLOXAM was indicted for feloniously stealing, on the 9th of De

cember , two live pigs, value 4l. 4s. the property of William Laws .

WILLIAM LAWS sworn.

I lost two live pigs, on the 9th of December; I went out about eight o'clock in the morning, they were at home then; my boy used to clean them out, and let them on the Green; I did not return till nine in the evening; they were then missing.

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

Q. How far does he live from you? - A. Not above half a mile: the next day I went to his house, about twelve o'clock; I knocked at the door; his wife came to the door.

We must not hear what passed between you and his wife. - A. I got a search warrant, and went with Griffith and Webb, and saw the pig hanging up whole, only the head off; that was the sow pig, and a quarter of the other; the sow pig was hanging in the garden, the other in the house.

Q. Are you able to judge whether it was your pig or not? - A. I believe that to be my pig, from the mark I subscribed before I went, that was a black mark on the loin.

Q. Was it scalded? - A. Yes.

Q. What sort of mark was it? - A. A black spot; I cannot swear positively to it; I believe it to be my pig.

MARY SHAW sworn.

I live the corner of Digby-street, Globe-lane; about as far as from Mr. Law's, across the way.

Q. Do you know Mr. Law's pig? - A. No: On the 9th of December, from eleven to one o'clock, I saw the prisoner and his son drive home two pigs; one was a very fine pig, but he drove them so fast, I could not observe; but the last pig was a sow pig, all white, but a black mark on its back; he drove them to his own house, on the 10th of December; Mr. Laws came down, and asked, whether I had seen any pigs, and I told him what I had seen.

NOT GUILTY .

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

Reference Number: t17960113-19

76. THOMAS BRODIE was indicted for feloniously stealing one seven foot inch and quarter of wainscot plank, value 2s. and forty-two feet of mahogany veneer, value 10s. the property of James Wells , December 28 .

JAMES WELLS sworn.

I live in Charles-street, Long-acre ; I keep a timber-yard : On Monday last, the 28th of December, my men were come to work, the sawyers; I employ three pair of them; two pair went out of the yard, and one pair was left in the yard.

Q. Was the prisoner one of the sawyers? - A No; he is a cabinet-maker ; I ordered them a gallon of beer at my son's, in Cross-street; four of them went out, and two staid in the yard.

Q. Did you know any thing about the prisoner? - A. No; I was out.

Q. Did you see any thing of the taking away of the boards? - A. No.

Cross-examined. Q. You have known this man some years? - A. Yes.

Q. Has he dealt with you sometimes? - A. He has.

Q. Has he been in better circumstances than now? - A. I know nothing of his circumstances.

Q. Had not he contracted with you for these planks? - A. No.

Court. Q. How long had you dealt with him before this time? - A. Two or three years ago; I never would trust him; he has been in the yard several times; I forbid him the yard, and his wife.

Q. You never trusted him with any thing out of your yard? - A. Nothing at all.

RICHARD PARKINSON sworn.

I live at No. 47, Upper Rathbone-place: I worked for Mr. Wells, the time the prisoner took those planks, as a sawyer: On the 28th of December, me and my partner, that worked with me, were left in the yard by our ownselves.

Q. What is your partner's name? - A. Thomas Burton; he is not here.

Q. About what time of the day was it? - A. About eleven o'clock in the morning; as we were coming out, I saw the prisoner go past the yard end, in Charles-street.

Q. Was your partner with you? - A. Yes; me and my partner stopped at the end of Charles-street; he went down a passage that leads to Brownlow-street; he stopped there about five minutes, or rather better.

Q. Did you stay and watch him all the time? - A. Yes; I saw him all the time.

Q. Did you and your partner stay together? - A. Yes; in the course of five minutes he came up, and went into Mr. Wells's yard.

Q. Could you see Mr. Wells's yard where you were standing? - A. I could see the end of it, the gates; I saw him go through the gateway into the yard.

Q. Were the gates open? - A. Yes; we had left them open.

Q. When you left the yard, who was left behind in it? - A. Only the mistress and maid, up in the room; there were no workmen left in it; Mr. Wells gave us leave to get some beer, the others were gone; my partner and I staid longer behind, and were going to them; he stopped in the yard

seven or eight minutes, we staid in the same place; he came out without any thing, and came up the street towards the Acre, where we were standing, about ten or fifteen yards, and turned back again, and went into the yard again.

Q. What prevented his seeing you, when he came that way? - A. He did not see us, as I know of; and in the course of a minute or two, he brought a clapboard plank out; as soon as he got about ten or fifteen yards from the gateway, toward where we were, as soon as he saw us, he turned into a court.

Q. How came he to see you? - A. We made to him as fast as we could; he perceived us coming, and made away directly, and let the clapboard-plank fall; he was carrying it under his arm, my partner hollowed out, stop thief, and ran after him; I took care that the plank was secured; that he took through Middlesex-court, that leads into Drury-lane, and my partner followed him; when I had secured the plank, I went to my partner's assistance, and my partner had got him in Drury-lane; another young man stopped him before my partner took him.

Q. Is that young man here? - A. Yes; then we brought him back to Mr. Wells's yard: we pulled Mr. Wells's bell, and called the maid down, and sent for Mr. Wells; he came in the course of ten minutes, and took him to Bow-street.

Q. What sort of a plank was it? - A. An inch and a quarter thick in some places; it was an outside plank, and was irregular, it was seven foot long; we took the plank to Bow-street, and Mr. Wells took it in his possession; Mr. Wells took a constable from Bow-street, to search his premisses; I did not go with him.

EDWARD FLOWER sworn.

I live at No. 3, West-street: On the 28th of December, as I was going by Drury-lane, a little after eleven in the morning, I heard the cry of stop thief; I looked round, and saw the prisoner come out of Middlesex-court; I ran after him just as he crossed Drury-lane; I stopped him, and a person who was in pursuit of him came up to my assistance; I went with the prisoner to Mr. Wells's yard, and from there to Bow-street.

Q. Did you see Parkinson? - A. Yes; he came up about a minute after we stopped the prisoner.

Q. You don't know the person that was in pursuit of him? - A. I do not.

Q. (To Parkinson.) Is that last witness the person you found with your partner Burton and the the prisoner? - A. Yes.

Q. Do you know where the plank was in Mr. Wells's yard? - A. No; I don't remember seeing it, only seeing him come out of the yard with it.

Mr. Wells. When I went to Bow-street, I asked for an officer to search his shop; I went with the officer, and saw the prisoner.

Q. Do you think they were stolen at the same time? - A. No; they were in his shop. (The wainscot plank was produced in Court). The length of it is about seven foot; it is what we call an inch and a quarter thick.

Q. Can you speak to that being your property, and being in your yard? - A. Yes; it had been cut about a twelvemonth; I had seen it in the yard that very morning, on the right-hand side just by the gate-way, this stood in the front; there were four or five more behind it, I marked it before the Justice.

Q. Are there any marks upon it by which you know it to be your property? - A. I am certain of it, there is no particular mark upon it; it is a year and a half ago since it was cut out of the log.

Q. Can you undertake to swear that it is your plank? - A. Yes.

Q. The prisoner was not in the habit of coming to take the wood, and to pay you afterwards? - A. No such thing.

Q. (To Parkinson.) When you saw the prisoner going to Mr. Wells's gate, had he any plank under his arm? - A. No; he had not, only a three foot rule in his hand.

Prisoner's defence. I bought this plank, it came to 3s. 8d. I paid him 3s. and he denied I had given him any money for it, and would not give it me; I bought two of these, and paid all but 8d. I happened to be in trouble, and confined in Newgate; I sent my wife for them, he would not give them to her, and said I had given him no money.

Mr. Wals. About four months ago, he came in and asked the price of some planks; I said they were 3s. 8d. I would not let him have them without he paid for them; it was not this plank.

(The prisoner called John Heather , a shoemaker, in Duke-street, Lincoln's-Inn fields; Archibold Reed, a shoemaker, in King-street, Seven-Dials; Thomas Evans , a stable-keeper, in Duke-street; Thomas Bulwins , who lives in Albion-buildings, Bartholomew-Close; and James Anderson, a Broker, in Castle-street, Long-acre, and another witness, who lived in the house with him, who had known him many years, and gave him a good character.)

GUILTY, Of stealing the plank . (Aged 53).

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

The Prosecutor recommended the prisoner to mercy, on account of his age.

[Imprisonment. See summary.]

[Fine. See summary.]

Reference Number: t17960113-20

77. WILLIAM TIPPETT and JOHN PROSSER were indicted for feloniously stealing, on the 24th of December , four live pigs, value 24s. the property of John Willan .(The Case was opened by Mr. Raine.)

THOMAS GROVES sworn.

Examined by Mr. Raine. I was servant to Mr. Willan, he has a farm at Hornsey : I missed four pigs on Christmas-eve: In consequence of a suspicion I had, I went to the prisoner's lodgings the Wednesday after, and saw three pigs in the yard; I knew them again, they were Mr. Willan's; I knew them by attending them, and feeding them always: they were about eight or nine weeks old, they were white pigs; one had a black spot on the hind part, the others were quite white; I then went to Mr. Willan's house, and acquainted him with it, and took up John Prosser the next day. Thursday; I took him at the top of the City-road.

Q. Before any conversation took place, did you tell him it would be better if he confessed; or worse for him if he did not? - A. I told him it would be better for him if he did; and then I took him before a Magistrate.

Court. Q. Had you master any other pigs of the same age? - A. Yes.

Court. Q. How came you to distinguish those from the others? - A. They were of different colours: there were some of them white ones, but they were bigger.

ANN MARCHANT sworn.

I live at Hoxton; the prisoner, Prosser, lodged with me about three months ago; I let my house out in lodgings, some part of it.

Q. Do you remember Groves moving to your house? - A. Yes.

Q. Did Prosser lodge with you then? - A. No; he came and took three pigs away; he had no officers with him; he said they were his property; it was a fortnight ago yesterday. I bought them of Prosser, and paid for them; he said he had been out on Christmas-eve, and had won them at a raffle; he brought two of them to me on Christmas-day.

Q. Do you remember the colour. - A. They were white suckling pigs.

Q. Do you know any thing of the prisoner; - A. No; I never saw any body but him.

Jury. Q. You had three pigs taken away? - A. Yes.

Q. And you bought one? - A. Yes.

Q. How came you by the other? - A. He brought it to me about seven weeks ago; they said, the sow had got too many pigs to suckle, and it was a poor little thing, and I paid him for it the full value, as I did for all the others.

JOHN RAY sworn.

I am a constable: On the 30th of December, I went to the house of Mrs. Marchant, with intent to apprehend Prosser, he was not there; I found out where he worked; I went to his master's, Mr. Marsom, he lives at Hoxton; he informed me that he was gone, but if I would attend there the next morning, I might see him: I went in the morning, and, going up the City road, I saw Prosser and Groves both together, and one Honer, an evidence; Groves said, that is the man (Prosser); I informed them I was a constable; I had seen Groves over night; Honer and he were together; coming along, Honer said, will not you let us have a drop of something to drink, as it is a cold morning? and we went in to have something to drink; when they came out, Honer went away, and Prosser said, that man that was drinking with me is one of the men that committed the robbery.

Q. Had you said any thing to Prosser at this time to induce him to confess? - A. I had not. I immediately went after him; I suppose he was five or six hundred yards off; I kept Prosser in the custody of Groves, and brought Honer back. Honer asked me what I apprehended him for? - I told him on suspicion of stealing some pigs belonging to Mr. Willan He said, he should tell the Magistrate the whole truth, for he was drunk the over night.

Q. This was what Honer said; was it in the presence of the prisoner? - A. No.

Q. Then you must not tell us that. Did any thing more pass between you and Prosser? - A. No.

Q. Do you know any thing about Tippett? - A. Only what came from Honer; when Prosser and Honer were together at the public-house adjoining the office, Honer said, William Tippett, of Hoxton, was the other accomplice.

Q. But Tippett was not present? - A. No.

Q. Did any thing pass at that time respecting Prosser? - A. No.

JOHN HONER sworn.

(Examined by Mr. Raine.) Be cautious of speaking nothing but the truth, remember you stand in a fearful situation? - A. Yes; Prosser worked with me at Mr. Marson's; on Christmas-eve, Mr. Marsom paid us, and we went and had a pot or two of beer, at the King of Prussia; and going home, he asked what I had got for my Christmas dinner; he told me, if I would go with him, he would get me a a good Christmas dinner; I told him I would; he told me to go to the Plough in Hoxton, and he would come to me; I went to Kingsland-road to the Dutchess of York, and had some beer; then I

went to the Plough, Prosser was not come, and I went to his lodgings; I lost Tippett with the beer; he afterwards came with a large sack, I gave him the pot to drink, and said, when we had drank we would go; going along, he said, he was going to his master's for some fat pigs.

Q. Did he mention his master's name? - A. No; when he came to Newington-green, he told us to stop, and he ran as hard as he could run; when he came back, he said, he had been to get some bread for the dog.

Q. Bread for what dog? - A. For the dog in the yard, to give it him to quiet him; I saw him go to Mr. Willan's farm, open the gate, and go in, and he called William Tippett after him; I returned back home, I did not wait till they came out.

Q. How happened that? - A. My heart failed me; in the morning of Christmas-day, between three and four, I went to Tippett's house in Kingsland-road, he said, he had got two pigs, and Prosser had got two.

Court. Q. Was Prosser present? - A. No.

Q. Then you must not tell us that? - A. He said he did not get them then; that they went to Hornsey first for a pick-axe, and then returned again

Q. Did he tell you what that pick-axe was for? - A. No.

Q. Upon their return with the pick-axe, did he say what they had done? - A. Yes; he said they had stole four pigs.

Q. Did Tippett say any thing more respecting himself? - A. No; I went to Mr. Marsom's, between eight and nine the same morning, and there I saw Prosser, and he said, damn you, what did you run away for; I told him I thought it was the best way to run away, when I found what he was going to do; I asked him how many he had got, he said, none; I said, Tippett told me he had got two, and then he owned he had got them where he lodged; he said, he had stole one or two there before.

Court. You must not tell us that? - A. That is all I know.

Tippett's defence. I never saw the man before in my life.

Prosser made no defence.

Tippett, NOT GUILTY .

Prosser, GUILTY , Aged (24.)

Tried by the second Middlesex Jury, before The LORD CHIEF BARON.

[Imprisonment. See summary.]

[Fine. See summary.]

Reference Number: t17960113-21

78. JOHN SIMMISTER was indicted for feloniously stealing on the 18th of December , three yards of green baize, value 1s. a cotton frock, value 5s. and a flannel petticoat value 1s. the property of Edward Snoxell .

EDWARD SNOXELL sworn.

I only prove the property.

RICHARD PRICE sworn.

I am a waterman; I saw the prisoner looking in at the bar window of the Castle and Falcon, Holborn , on the 18th of last month, about nine in the evening, the watch was just gone; I saw him lift up the window, and take out this green cloth, and run away with it; I followed him, stopped him, and called watch; we had a struggle and were both down upon the pavement together; I never lost him, I told the watchman he had robbed the bar; I secured the prisoner and the property.

Prisoner. That gentleman comes forward to prosecute one for the sake of the money; I have two friends that he told so, he said he should get 40l. for it.

WILLIAM DENNING sworn.

I am a watchman, I was calling the hour, I had got a little beyond where the prisoner and the last witness were; I heard the cry of watch; I turned about and saw them down together; I heard him say, I will not let you go, he has robbed my mistress's bar; I told him to let go for I had got him. (The baize was produced in court by Price).

Snoxell. That is my property, it contains three yards.

Q. Where was the frock? - A. We did not miss the frock till the next day, till my wife went to dress the child again; she had, about five minutes before this happened, undressed the child; what came of them we cannot tell.

Court. (To Price.) Q. Did you see any thing of this frock? - A. No;

Q. (To Snoxell.) Was this baize in your bar? - A. Yes; it was what we had to cover the child when he lies in the cradle.

The prisoner made no defence.

Jury. (To Snoxell.) Q. Is there any mark upon that baize? - A. No.

Court. He was seen to take it out, and therefore it is not of any consequence whether there is any mark upon it or not.

GUILTY, Of stealing the baize . (Aged 20.)

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

[Imprisonment. See summary.]

[Fine. See summary.]

Reference Number: t17960113-22

79. SUSANNAH WHITE was indicted for feloniously stealing on the 15th of December , ten yards and a half of silk ribbon, value 4s. 2d. the property of Thomas Barrett .

THOMAS BARRETT sworn.

I am a linen-draper and haberdasher , in Great Chapel-street, Westminster : On the 15th of December, the prisoner came in and enquired for some ribbands, and other articles in the haberdashery line; my young man shewed her a box of ribbands; I was present, serving another person, the other side of the counter; my young man said, in her presence, that she had stolen something; I asked him, three or four times, if he was sure of it; he told me privately that she had (by a private word that we have, signifying stealing,) and I said publicly, are you sure of it, and he said, yes, there was a piece of ribband missing; I let her have several articles that she paid for, and then let her go; I went after her, and told her somebody wanted to speak to her in the parlour; she came back, and I sent for a constable, who was not at home, and so Mr. Winter came in and searched her; she dropped her pockets upon the ground; she told him, he wanted to rob her; he searched her pockets, but found nothing; and then he saw a piece of ribband hang down under her stays.

Q. You did not see it yourself? - A. That I did, after he had pulled it from under her stays; we took her into custody, and had her before a magistrate in Queen-square; that is all I know of it; Mr. Winter has the ribband.

WINTER sworn.

I am a taylor, in Great Chapel-street, Westminster, within four doors of Mr. Barrett's: I went into Mr. Barrett's between four and five o'clock; I sat there some time; when Mr. Barrett brought the prisoner in, and accused her of taking some ribband; I went to search her, and she said, she would pull her pockets off herself, which she did; but I found nothing in them; I desired her to unbutton a great coat she had on, and I saw the end of the ribband hang out of her pocket-hole, and I gave it a pull; she put her hand up to her stomach, and the ribband would not come; I made her pull her hand away, and it presently fell down upon the ground; the bobbin was in it, and it made a bulge; it fell on the ground, and I took it up; I asked Mr. Barrett if that was his ribband, and he said, it was; this is it (producing it).

Q. Are you sure you saw that hang out of the pocket-hole? - A. Yes; to the best of my knowledge and belief.

Court. (To Barrett.) Look at that ribband. - A. I believe this to be the same ribband; it has my private mark upon it.

Court. Q. The prisoner bought several things at your shop? - A. Yes.

Q. You don't know exactly what they were? - A. No.

Q. Might not the ribband be a part of that? - A. No; the boy told me what ribband she had bought.

Q. Is he here? - A. Yes; we never sell ribband with the blocks on; we always take the ribband off.

Q. If it is a remnant? - A. We always take the paper off; and if it be the end of the ribband we give them the block along with it.

Q. But you don't undo the ribband? - A. Yes; we must do that to measure it; the mark is on paper, which goes underneath the ribband, and we write on the block.

Q. Are you able to swear positively it is your property? - A. Yes; as I have reason for it.

Cross-examined by Mr. Ally. Q. You say it is customary, when you sell these articles, to take off the block? - A. Yes.

Q. You do yourselves; but, whether your connexions do it, you cannot say? - A. It is very different from Irish, because there frequently it is left upon the sag end of the Irish, but in ribbands we take off the mark.

Q. But you cannot say, perhaps, by the negligence or disobedience of your shopman, they might have sold it in this kind of way? - A. I don't believe any thing of that kind.

Q. Your's is a shop of tolerable good custom, I believe? - A. Tolerable.

Q. You have a great many persons buying ribband now and then? - A. Yes.

Q. You cannot always tell what is gone? - A. We generally keep the boxes full.

Q. You cannot take upon you to say exactly what goes out of your shop? - A. Yes; we keep them in particular rows in the box, so that we generally know.

Q. Is it not usual for persons to bring a piece of ribband sometimes upon a stick, and sometimes in another way, to match it? - A. I don't recollect an instance of that sort.

Q. Do you mean to say that is a thing unusual; you will not tell me so surely? - A. I never did that I recollect, upon a block, they might upon a card.

Q. But suppose a person keeps a little shop, do you think they would take it off a block and put it on a card? - A. No; not with any mark upon it.

Q. Don't you know this poor woman keeps a little shop? - A. Yes.

Q. Have you any partner in your business? - A. Nobody at all, only my wife, she is a partner in every thing.

Q. Wives are more than partners sometimes, I think they are sometimes masters: Persons do sometimes come in this sort of way, to match

goods? - A. I never remember any thing of that sort, especially with my shop mark upon it.

Q. This appears to be a remnant? - A. Yes.

Q. I should suppose a person coming to steal ribband, it would have been as easy to have stolen a whole piece? - A. To be sure.

Q. I take it for granted you keep none but new ribbands? - A. I should be very happy if we could sell them so quick as to have none but new ones.

Q. This does not appear to be a new one? - A. No; it is not a very new one,

Jury. Q. Do you not make a distinction; suppose you sell to the small shopkeepers, do you sell with the mark on? - A. In general, in Irishes, we sell the marks, but never in ribbands.

Court. You take it off the bobbin to measure it, and then you take off the mark? - A. Yes.

Q. You all of you have private marks? - A. Yes; there may be two having one mark, but it is very rare.

Q. But when you sell to shopkeepers, suppose an ignorant shopkeeper comes to buy ribbands, do you fix that sort of mark, by which they should know the price? - A. No; except they desire it in the bill.

Q. Your mark is that your people may know what to ask? - A. Yes.

Q. Did you know the prisoner before? - A. Yes; she was very apt to come and stay a long time; she keeps a little haberdasher's shop in Little Water-street; I have been robbed a great many times.

JOSEPH SIMMONS sworn.

I am an apprentice to Mr. Barrett: On Tuesday the 15th of December, about four o'clock, the prisoner came to Mr. Barrett's, and asked for some ribbands; I shewed her several pieces; I told her two or three times over, that I missed a piece.

Q. Did she hear you? - A. Yes; and she said, it was no such thing; I saw she had something in her hand; and she watched the opportunity, and put something in her pocket-hole; upon which, I told my master I suspected the prisoner had got something; that is all I know about it.

Q. What articles did she buy? - A. Threads and tapes, and some wire ribband.

Q. What do you call wire ribband? - A. Ribband with wire in it, and some yellow ribband.

Q. Any blue? - A. No; she came in for some yellow and blue.

Q. Are you sure she did not buy any blue ribband? - A. Yes; she said she wanted to buy some, but she pretended she could not see the colour, and she would come again next day; she never offered to show me any to march.

Q. How soon was she taken into custody? - A. I about a quarter of an hour.

Q. Are you sure that is the woman? - A. Yes.

Cross-examined by Mr. Ally. Q. You mean to say, she remained in the shop a quarter of an hour after you had declared she stole a piece of goods from you? - A. Yes.

Court. Q. You are sure you sold no blue ribband? - A. No; I did not.

Q. (To Winter.) Did you find any yellow ribband upon her? - A. Yes; in her pocket; and I gave it her again.

Prisoner. I leave my defence to my counsel.(The prisoner called Thomas Martin, Elizabeth Wimberley , Edward Rowcliffe, and Elizabeth Rowcliffe, who all gave her a good character.)

GUILTY , (Aged 49.)

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

[Imprisonment. See summary.]

[Fine. See summary.]

Reference Number: t17960113-23

80. WILLIAM KEATON was indicted for feloniously stealing, on the 1st of December , a hand-saw, value 5s. and a rabbit-plane, value 6d. the property of William Hitch; a sash-saw, value 3s. and a smoothing plane, value 6d. the property of Edward Cuthbertson .

WILLIAM HITCH sworn.

I was at work at Hampstead ; I lost a handsaw on Tuesday night the first of December, and a rabbit-plane, out of the two pair of stairs front room, of the house of William Collins, Esq. I was repairing the house when we missed the tools; on Wednesday morning we went after the prisoner; he was employed by the same master that I was, as a carpenter .

Q. At that building? - A. He had worked at that building, but my master had sent him to a different job, at a different part of the town; we let our master know, and we heard that he was in the town of Hampstead; he came out of Hertfordshire, and we thought he was gone that way towards home. I, and another, went all over Highgate; we heard that two of our partners were gone to London; we sat down very contentedly and had some dinner, then we went to London, and found him; he was taken up and carried to Bow-street; the Justice granted me the saw; it was found at Mr. Dobson's, in Chiswell-street; the rabbit-plane was given to me from the tools that he had taken and carried to a person's house; my partners fetched them, and gave them me; they are not here.

EDWARD CUTHBERTSON sworn.

I am a carpenter; I worked at Hampstead at Mr. Collins's; I lost a sash-saw, and a smoothing-place, on Tuesday the 1st of December; I found

the sash-saw at Mr. Dobree's shop, and the plane, and some other things, at a woman's house that he cohabited with; the prisoner acknowledged every thing before Mr. Justice Addington.

Q. Was it taken down in writing? - A. I cannot say.

THOMAS DOBSON sworn.

I am a pawnbroker, in Chiswell-street: on the 4th of December, two carpenters came with a ticket for a saw at 2s.

Q. Who did you take it in of? - A. The prisoner at the bar, on Tuesday night.

Q. Are you sure it was the prisoner? - A. Yes; I am certain of it.

Q. What did he pawn it for? - A. 3s. (produces it).

Q. (To Hitch). Look at that saw; is that the saw you received from Mr. Dobson's? - A. Yes.

Q. Are you sure it is your property? - A. I am certain of it; here is the initials on the handle.

Jury. Q. Who made the saw? - A. Cannon is the name.

Jury. Q. You all of you mark your own tools? - A. Yes.

JOHN DOBREE sworn.

I am a pawnbroker, in High Holborn; I took in this saw of the prisoner on the 1st of December, with a parcel of other tools; he lost this saw for 3s.

Q. Are you sure that is the man? - A. I am sure of that.

Couthbertson. This is my saw: I never saw any of the same man's making before; and it happened to fall off my bench and broke a piece off the handle, and I know it by that.

Prisoner's defence. These men took all those things out of pawn, and worked them, and brought them back again, and swore they were the same tools; and they swore I was the man that took them.

GUILTY . (Aged 21.)

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

[Whipping. See summary.]

[Imprisonment. See summary.]

Reference Number: t17960113-24

81. MARY CHAMBERS and MARTHA HOWARD were indicted for feloniously stealing, on the 4th of January , a silver watch, value 3l. 3s. a watch-chain, value 1s. 6d. a seal, value 12d. and a silver watch-key, value 6d. the property of William Cock .

WILLIAM COCK sworn.

I am a Prussian sailor : I lost my watch at St. Catharine's , last Monday eight-days; there were three or four girls of the town, and I went up stairs with them; and they asked me what it was o'clock, and I said, past eleven; one of them said, let me look at your watch; I shewed it them, and the watch walked away.

Q. Was you sober? - A. I was a little sober.

Q. What had you been drinking? - A. I had been in another house; I was before in another house, where there was the fiddler and all.

Q. And you danced there? - A. I danced not.

Q. And you drank there; how much did you drink? - A. I cannot tell, I am sure, how much.

Q. What did you drink? - A. Porter.

Q. How many pots? - A. There were more people as me.

Q. How many pots did you drink yourself? - A. I cannot tell.

Q. You was a little merry, was not you? - A. I was a little sober.

Q. I am afraid you was more drunk than sober? - A. No; the officer has got my watch; the watchmaker, that I bought the watch of, saw it; I have got the watchmaker's name in my pocket.

Q. You had been drinking at a public-house, where there was dancing? - A. Yes.

Q. And there were women there dancing? - A. I danced not.

Q. But there were women there? - A. I can swear, twenty times, it is my watch, and the watchmaker is here. (Pointing to a paper).

Q. Before you went to this house, where you lost your watch, you had been at another house? - A. The girls run away with my watch.

Q. How much did you pay for your liquor? - A. I drank with the other sailors.

Q. What share did you drink? - A. They were all Dutchmans, and they drank altogether.

Q. How much did you pay? - A. That is my watch, and I will swear it twenty minutes; I cannot always understand what you say.

Q. At another public-house you drank with some other sailors; did you pay for your liquor? - A. I cannot say how much we paid; we drank altogether; I was there a long time.

Q. How much did you pay? - A. I can no say how much.

Court. If you were sober, you can tell what it was that it cost you; was it half-a-crown, or one shilling, or how much? - A. I cannot tell; one gave sixpence, and another gave two pence, and so on.

Q. How much did you give? - A. I don't know.

Q. You paid the fidler besides, you know? - A. No; I no fiddle.

Q. You left the ladies there, at this house? - A. That is the watch, I am sure of it.

Court. Your harping upon that watch will not deceive me at all; you know very well what is

going forward, though you are a foreigner; put up that paper about your watch; what liquor did you pay for at this public-house? - A. As you come in at the house, there come much peoples there, and one give four-pence, as you go in, and then you can drink as much as you like, as much as a pot, and then get some clean ticket; but there were other peoples gave me the ticket to drink; I left that house a quarter before eleven; when I got to St. Catharine's, it was about eleven.

Q. Where was this house? - A. In St. Catharine's-lane; they stood at the corner of the house; and I go with the girls up stairs, and they tell me what is the clock, and I took out the watch, and the little girl took the watch, and run away with it.

Q. There were several girls? - A. There were three or four rooms up there, were they live up that stairs.

Q. How many girls were there in this room you went up into? - A. I cannot tell more as that is my watch; I can swear twenty times to it.

Court. Your harping upon that only convinces me that you have more art than you pretend to have; how many girls were there? - A. Three or four, and so on.

Q. How came you to go up into this room, you did not know them? - A. No.

Q. How can you say which of these girls took your watch? - A. It was that little girl.

Q. How many others ran away at the same time? - A. I see no more as that one took my watch.

Q. What became of the others, did they stay in the room? - A. She ran away with my watch, I followed her, and could not find her.

Q. What did the other girls do? - A. I don't know; I cry out after that girl, and I could not find her.

Q. Did you speak to the mistress of the house, that night? - A. No; I did not stay that night, that girl ran away with the watch.

Q. Were there any candles in the room? - A. Yes.

Q. More than one? - A. I cannot say there were more as one.

Q. Is that all you can say? - A. That is all I can say; that I know is my watch.

JOHN ANDREWS sworn.

I am a lady's shoemaker: On Tuesday was a week, Mrs. Parkins came up and asked, if I wanted a watch.

Q. Was either of the prisoners present? - A. No.

Then you must not tell us what she said? - A. I went down stairs, and bought the watch of Martha Howard , the prisoner; I gave her two guineas for it.

Q. Was Mrs. Parkins present? - A. Yes; she was.

Q. Did you pay her any of the money? - A. No.

Q. Where is the watch? - A. It is in the hands of the officer; his name is Anson.

ELEANOR ANDREWS sworn.

I am wife of the last witness: Last Saturday I heard the watch was stolen; and we had to make up our rent, and had pawned it; and I went to fetch it out of pawn.

Q. The same watch the officer has? - A. Yes.

MARGARET CABLE sworn.

I live with my mother: On Sunday night I was taking a walk, and I happened to meet the two prisoners, and two others, and one of them gave me the watch to take home to my mother; and being overjoyed, I ran home, and my mother would not take it.

Q. You are an unfortunate girl of the town? - A. No; I am not; Mr. Anson lives opposite our house, and I went to him and gave it to him; he is an officer.

Court to the Jury. Q. Do you understand this, Gentlemen?

One of the Jury. No: I do not, my Lord.

Court. You never had it from Mr. Andrews's house? - A. No.

- ANSON sworn.

I had the watch from this last witness.

Q. Not from Mrs. Andrews? - A. No; I believe you make a mistake, my Lord, in what the girl says, the names are so much alike; I had it from the last witness.

Court. And the last witness says, she had it from a young woman.

Q. (To Cable.) Who gave you the watch? - A In my flurry I cannot say who it was.

Q. (To Mrs. Andrews.) Who pawned the watch? - A. My husband; I fetched it out of pawn and gave it to Mrs. Parkins.

Q. Where is she? - A. She is not here; she is sister to Mrs. Cable.

Court. Mrs. Parkins is not here; and, I suppose, she is the person that gave it to this girl.

Q. (To the Prosecutor.) Look at that watch? - A. It is my watch.

Court. The two prisoners are charged with stealing a watch; against one of them there is no a tittle of evidence; against the short one there evidence that she ran away with it.

Mr. Ally. I believe I can prove to your Lordship that she never has had this watch.

Court. It would be very dangerous. I think, to convict a woman upon such evidence; the man is at a public-house so drunk that he does know what he paid at the public-house; the girl receives the watch from she does not know who; and Mr. Andrews pawns it; the wife takes it out of pawn, and gives it to Mrs. Parkins; the constable says, that is the watch he received, not from Mrs. Andrews, but from Cable; so that it must have gone through some other hands: then the only evidence against this girl is-this man going to this house and picking up a girl in the street, at that time of night; and going into an improper house; as to the other girl, why she is charged, God Almighty knows; there is not a tittle of evidence against her: now it does seem to me, that if the charge was brought home, it is a serious offence; because women who have lost their virtue should not lose their honesty too; at the same time, these are not prosecutions to be countenanced in a court of justice; men ought to keep out of such houses; if it strikes you as it does me, you will acquit both the prisoners; the counsel says, he was evidence that may make it more clear; it is with you, if you think proper to hear it; but, if you think as I do upon the subject, you will acquit them.

Mr. Ally. I think, from respect to the time of the Jury and the Court, I ought not to trouble them with my evidence.

Jury. The Prosecutor will have his watch again, I presume, my Lord.

Court. Certainly.

Jury. We wish it to be delivered to him under the eye, and by the direction of your Lordship; because, otherwise it may not be done at all; we should not have made that observation, but we saw the officer take it to himself.

Court. It must certainly be delivered up, and I am much obliged to you, Gentlemen, for the observation.

Both NOT GUILTY .

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

Reference Number: t17960113-25

82. WILLIAM WHARTON was indicted or feloniously stealing, on the 3d of December , our linen sheets, value 49s. the property of Thomas Cruden .(The case was opened by Mr. Trebeck.)

JOSEPH OVERDEN sworn.

Examined by Mr. Trebeck. I am servant to Mr. cruden, of Norton Falgate : I took some linen, the 2d of December, up the steps, upon the 1s.

Court. At the top of the house? - A. No; small 2ds that are at the back of the house.

Q. Was that linen wet? - A. Yes, it was; I left it in the basket.

Q. Did you go next morning to look for that linen? - A. No; I was informed, by the washerwoman, these things were missing.

Q. At what time of the evening was it you carried this linen out? - A. Between nine and ten in the evening; the next morning I looked for it, and could not see the sheets; I saw some quilts and other things, but not the sheets.

Court. Do you know whether there were any sheets there when you took it up? - A. I am not sure, I thing there were some.

Q. Were there none there when you went out in the morning? - A. Yes; there were some, but not so many as I carried up.

JAMES CHAPMAN sworn.

Examined by Mr. Trebeck. I am a corporal in the first regiment of guards, 3d battalion: The prisoner was a private soldier in our regiment; on the 2d of December last; the prisoner called upon me about seven o'clock in the morning, I cannot say what day it was; I believe it was in December, near six weeks ago now.

Q. Do you recollect what day of the week it was? - A. I cannot; he came to measure me for a pair of breeches; he is a taylor; he came in a hurry with the breeches, and asked me to let him leave a bundle, which he said contained his working things, and his goose was in it; he left the bundle, and told me he was going to Dr. Beckwith. the surgeon of the battalion, to do a coat for him; the bundle was left in a corner of the room, and I did not take any notice of the bundle that day.

Q. Was there any other bundle of that sort in your house? - A. No, nothing of the kind; I did not particularly observe the bundle that day, because I was going upon duty at the Tower; I saw the bundle after it was left, but I cannot swear that I saw him chuck it there.

Q. Are you sure that bundle was not there before? - A. I am confident of it.

Q. When you returned from duty, did you see that bundle there? - A. I saw it the next day, and I told Serjeant Batty that I thought that bundle was the prisoner's regimentals, and that he was going to be absent, and I thought proper to look into it, which I did in the presence of the Serjeant; I took my knife and opened the bundle, when I opened it, I was very much confused, and found linen in it.

Q. Wet or dry? - A. It was moist.

Q. Did you take particular notice of any part of the linen? - A. I did then, and had an inventory of the things; there was a number 6 upon one of the

sheets which I carried home; I carried every thing in the bundle down to the Serjeant Major's; I took them into his room, shewed him what I had got; he told me to leave them there, and as soon as he he came to my house, to bring the person to him, which I did not, because the next morning he was going on duty; the linen was left at the Serjeant Major's from the Thursday till the Monday, to the best of my knowledge.

Q. What was his name? - A. Serjeant Major Mason.

Q. When did you see the linen again? - A. To the best of my knowledge it might be about five days, four or five days, I cannot rightly say; I saw it at the Serjeant Major's house; I don't know whether it was the same linen or not, I carried it from the Serjeant Major's to Mr. Cruden's.

Q. When you got to Mr. Cruden's, did you look at the linen? - A. I did not, for this reason, that there were gentlemen there, and they looked at them themselves.

Q. Is that the linen you carried to Mr. Cruden's? - A. I cannot swear to it; Mr. Cruden Satisfied me for carrying them, and I thought no more of it till I was called upon again.

Court. You must identify the linen; here is a considerable chasm in the evidence.

Q. Are you quite sure they were out of your possession? - A. Yes.

Q. Do you know where Serjeant Mason is? - A. I cannot say where he is to-day; he is sometimes at the Tower, and sometimes at the other end of the town.

Q. Was he subpoened?

Mr. Trebeck No, my Lord.

Court. We cannot stir a step without him.

Not GUILTY .

Tried by the first Middlesex Jury, before The LORD CHIEF BARON.

Reference Number: t17960113-26

83. JAMES MEAGA was indicted for feloniously stealing on the 25th of December , fifty pounds weight of beef, value 20s. the property of our Lord the King .

Second Court. Laying it to be the property of George Philip Stowrie , Esq. George Cherry , Esq. William Boleawen Esq. Francis Stevens , Esq. Joseph Hunt , Esq. Francis John Hartlay , Esq. and Robert Sadler Mody , Esq.

Third Count. Laying it to be the property of George Rose , Esq.

Mr. Gazelee opened the case.

THOMAS LONG sworn.

I am a cooper belonging to the Victualing-office: The prisoner was a labourer and watchman in rotation; on the 25th of December, he was watchman at St. Catharine's; about half past eleven o'clock that evening, I met the prisoner in East-Smithfield, he had a bag along side of him.

Q. How far from the Victualing-office? - A. I cannot rightly calculate the length of it, it might be a couple of hundred yards; I heard him speak, and I asked him if that was James, he made me no reply; the second time I asked him, he made me no reply; I passed him and asked again, is that James? Yes, Sir, says he; what have you got here, says I, James? a little corn, Sir, says he; it looks to be comical sort of corn, says I, James; and I put my hand in and took out a piece of beef; I put it in again and desired the prisoner to take it from whence he brought it, which he did with a little reluctance.

Q. Did you see where he put it? - A. He carried it inside the stores; I had the prisoner apprehended, and put him in possession of Mr. Lomas; he is the inspector and resident on the premises, and has the charge of the store-house, in Mr. Rose's absence.

Q. What passed in Mr. Lomas's presence? - A. Mr. Lomas asked him, and he said first, he found it outside the gate.

Q. Was any thing said to the prisoner, that it would be better for him to tell the truth, or was any sort of expression made use of to lead him to confess any thing? - A. No, not that I recollect; Mr. Lomas came in and asked the prisoner where he got it from.

Court. Q. Was there any threat made use of to induce him to confess? - A. Not that I recollect.

Court. Q. Are you sure of that? - A. Not to my recollection; he came without any reluctance, and shewed Mr. Lomas and me the cask where he took it from.

Q. Is that the King's store-house? - A. Yes.

Prisoner. My Lord, I was in liquor, and did not know what I said.

Court. Q. Was he in liquor? - A. He might be drunk for ought I know.

Court. Q. I suppose this man had a good character? - A. As far as I know.

Court. His employment proves he had a good character. Gentlemen, this matter seems so clear, that I think, if you are satisfied, it is unnecessary to call any more witnesses.

Jury. We wish to hear another witness.

- LOMAS sworn.

Q. Was you present when the last witness brought the prisoner to the store-house? - A. No; I was in bed, one of the labourers called me up; when I came down, there was a sack with some

beef, but what quantity I don't know; I went to the lobby, where the watchman usually stands, and asked the prisoner how he came to be guilty of such an offence; I could not get a direct answer from him, but he cried and wished me to let him go; I immediately went into the store-house to see if any thing had been plundered, any pickle, or any thing of that kind, that might lead to the plunderer; I searched in vain, with a person of the name of Grove; I went to him at the gate, and told him to come and shew me which cask he had robbed, he pointed it out; I found a cask with one side stripped up.

Q. Did you make any promise if he confessed? - A. No; I was rather harsh with him.

Q. You threatened him with the consequences if he did not? - A. No.

Q. What do you mean by being harsh? - A. I spoke sharply to him, and said, come along, and shew me which cask is plundered.

Jury. We are satisfied, my Lord.

GUILTY . (Aged 21.)

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

[Whipping. See summary.]

Reference Number: t17960113-27

84. JAMES VANDERCOM and JAMES ABBOT were indicted for burglariously breaking and entering the dwelling-house of Merriel Neville , spinster , and Ann Neville , spinster; about the hour of six in the night of the 19th of November , and burglariously stealing a pair of scales, value 2s. a shovel, value 3s. 6d. an iron poker, value 3s. a pair of tongs, value 4s. two feather-beds, value 10l. two bolsters, value 10s. four pillows, value 8s eight woollen blankets, value 40s. eleven pair of sheets, value 7l. three cotton counterpanes, value 3l. 3s. a chintz counterpane, value 21s. eighteen linen table-cloths, value 10l. eighteen linen napkins, value 20s. twelve linen towels, value 18s. twelve linen pillow-cases, value 8s. twenty chair covers, value 10l. seven damask window-curtains, value 7l. 7s. a carpet, value 5l. a looking-glass, value 30s. a feather-bed, value 3l. a bolster, value 10s. 6d. two woollen blankets, value 16s. a carpet, value 5l. two sattin gowns, value 63s. and a dimity petticoat, value 5s. the property of Merriel Neville; two sattin gowns, value 63s. the property of Ann Neville; two feather-beds, value 4l. 10l. two pillows, value 10s. three pair of sheets, value 31s. four linen table-cloths, value 31s. four yards of black sattin, value 31s. four yards of cotton, value 25s. two silk cloaks, value 60s. two sattin gowns, value 31s. a silk petticoat, value 5s. a blue tabinet gown, value 20s. two dimity petticoats, value 6s. a sattin petticoat, value 5s. a pair of silver knee-buckles, value 5s. a silver stock-buckle, value 8s. and five silk gowns, value 5l. the property of Susannah Gibbs , widow , in the same dwelling-house .

Second Count. Charging them with the like burglary, and stealing the like goods, laying it to be the dwelling-house of Merriel Neville only.(The indictment was opened by Mr. Trebeck.).

Mr. Raine. May it please your Lordship and Gentlemen of the Jury; you have already collected, from my learned friend, the nature of the charge which this indictment imputes to the two prisoners at the bar; namely, that of a burglary committed in the dwelling-house of Miss Merriel Neville and Ann Neville . Gentlemen, you cannot but be well aware that this is a capital offence; and I state this to you in the outset by way of requesting your most serious attention to a charge of such magnitude; involving, as you very well know, the lives of the two men at the bar; the interests of the persons for whom I have the honour to be concerned; and, what is still more, the interests of the public.

Gentlemen, the circumstances of the case are briefly these: the two persons, for whom I appear before you, in the conduct of this prosecution, are Miss Merriel Neville and Miss Ann Neville, two maiden ladies, jointly occupying a house, situated in Portugal-street, Grosvener-square : these two ladies went, according to their usual custom, out of town, for the summer, after securing, as far as locks could secure, the house, and the property contained in that house; they left their keys also, according to their usual custom, in the possession of a neighbour, who was good enough, in their absence, to take care of the house, a Mr. Slack, a hatter, in South Audley-street, which is in the same neighbourhood. On the 19th of November, the day after a storm, which you, Gentlemen, may remember, raged most seriously in and about this metropolis, Mr. Slack thought it necessary to go to the house in question, imagining that it might have sustained some damage from the violence of the hurricane; this was about three o'clock in the afternoon; upon going into the house, he found that one of the locks, by which the outer door was secured, had been forced; namely, the patent lock, the other had been opened by means of a master key, a picklock, or some such instrument; the key had been left in his possession; he let himself into the house, and found every thing in great confusion; the locks broke, and many things packed up: this alarmed him considerably; and, after securing the outer door, he went to Bow-street, for instructions how to act; he was advised to watch the house, for that, in all probability, those persons who had packed up the articles in question, ready to be taken off, would come in the course of the evening, to take them away; he accordingly was upon the watch, assisted by several of his friends; on the evening of that day, at six o'clock, he discovered a light in one of the rooms; in consequence of this, he went to the door, found it still locked by the single lock, he opened it with the key which he had in his possession, let himself and friends in, and discovered a light in the passage; a tinder-box, and other articles, which will be mentioned to you by the witnesses; upon his advancing to the stairs, he heard a cry of persons from above, saying "shoot

"them, damn them, shoot them." Mr. Slack, in company with his son, and some other persons, immediately went up stairs, and pursued the persons who had raised this cry into the back drawing-room, from thence into the front drawing-room, and there a scuffle ensued; after considerable resistance, however, they secured the two men who now stand at the bar; and there is reason to believe there was a third; who contrived to make his escape.

Now, Gentlemen, you will be told by the learned Judge, that if I make out in evidence, what I have just now stated to you, that all the essentials, that constitute what is in law called a burglary, will be satisfied, as laid in this indictment; for you see, Gentlemen, that what was done was done in the night time, after darkness had set in; the door; after having been secured by a lock, was opened, and several articles removed from the place where they had been found, that very day, by Mr. Slack, with a view to be taken off; and that the learned Judge will tell you is sufficient to satisfy the allegations of this indictment.

Gentlemen, it is proper that I should apprize you of the defence which these men have already set up; but I apprize my learned friends, that I shall most satisfactorily negative such defence; they pretended to say, that they were let in at the same time that Mr. Slack and his friends were let in to the house, with a view to apprehend the plunderers. Now Mr. Slack will tell you, and so will his son, and all those whom I shall call; that it was utterly impossible for the men at the bar, who were secured in the house, and I will remind you, that it was after resistance that they were secured; it was impossible for them to have got, up stairs before Mr. Slack and his friends, for he was the first person that went up stairs; and he will swear most positively, that it was utterly impossible for these men to have got into the house at the time he unlocked the door. If I prove these facts to your satisfaction, you can have no manner of doubt about the guilt of the prisoners at the bar; and a burglary itself, abstractedly considered from the circumstances that attend this case, is an offence of so alarming a nature, that I am sure you will think it deserves your most serious attention; and when you consider the immense quantity of property, of which those ladies have been plundered, and property of considerable value, of which they were meant also to be plundered.

Gentlemen, my learned friend reminds me, and very properly, I thank him for it, that I should not endeavour to make any undue impressions upon your mind; it is far from my intention to do so; I only wish to excite your serious attention to a cause of such magnitude; and when it involves the interests of the public, and of those for whom I am concerned; but I wish you only to attend to the evidence; I desire of you to efface from your recollection all that I have stated to you that is not supported by evidence; I will call the witnesses, and you will dispose of it as you think proper.(The witnesses were examined apart.)

SUSANNAH GIBBS sworn.

Examined by Mr. Trebeck. Q. Are you not the house-keeper of Miss Neville? - A. I am her cook and house-keeper.

Q. You lived with her on the 19th of July last? - A. I did.

Q. On what day did you and the family leave town? - A. The ladies, the two Miss Nevilles, left the house on Friday the 17th of July last.

Q. Where is the house? - A. In Portugal-street, Grosvenor-square.

Q. How soon after that did you leave town? - A. I left it on Monday the 20th.

Q. How many persons did the Miss Nevilles leave in the house? - A. Me and my fellow servant, the house-maid.

Q. Who was the last person that went out of, town? - A. I was the last person out of the door; I left every fastening fast, that could be fastened.

Q. All the inner doors of the house were locked? - A. They were, and the keys all put on a string, and given to Mr. Slack, in Mount-street, which is just by our house.

Q. Do you recollect how many door locks, or nearly, you locked that day? - A. I cannot recollect, there might be ten, I dare say, or more, I have not reckoned up the number of doors, but they were all locked, except the middle drawing-room door, and the two pair of stairs middle door.

Q. Did you yourself fasten the outer door? - A. Yes; I did it myself, there are two locks on it, a patent lock and a common lock.

Q. Did you fasten both those locks? - A. Yes; I double locked them both.

Q. Did you lock the common lock in the way you did the patent? - A. I locked the patent lock first, I double locked it and tried it with the common lock after: I sprung the common lock back to be sure that the patent lock was secure.

Q. What did you do then with the common lock? - A. I double locked it.

Q. Is there any particular manner in which you fastened the patent lock? - A. There is a pipe that turns round; after I had locked it, I put the keys on the string with the others, and gave them to Mr. Slack, in Mount-street, at the same time with the others; I left the house about eleven in the morning; the house-maid stood and held the other keys while I locked the doors.

Q. Whose house is this house? - A. It is the house of Miss Merriel and Ann Neville .

Q. Was it your duty to see, before you left the house, that the property in the house was taken care of? - A. It was.

Q. You know the articles laid in this indictment? - A. Yes.

Q. Are you certain that all these articles were left safe in the house on that day? - A. Quite certain.

Q. When did you return to town? - A. On the 21st of November.

Q. Was there any property of your's left in the house? - A. Yes; there was.

Q. Were those articles mentioned in the indictment to be your's left safe in the house? - A. They were.

HENRY SLACK sworn.

Examined by Mr. Raine. I live in South Audley-street.

Q. Is that near Portugal-street, Grosvenor-square? - A. It makes one side of Portugal-street; they join each other, in short.

Q. They are both in one parish? - A. Yes: St. George's, Hanover-square.

Q. You have been in the habit of taking care of the house of the Miss Nevilles during their absence in the country? - A. I have.

Q. Do you know when the Miss Nevilles left London last summer? - A. I cannot say exactly; the keys were delivered to me by the last witness, Mrs. Gibbs, the day they went out of town; but I don't know exactly when; I believe it was in July.

Q. Had you these keys in your own possession during the whole of the summer? - A. I had them locked up in my own drawers, previous to the 19th of November last; there had been a high wind, and I was apprehensive there might have been some tiles blown off the house; and I went to the house upon the 19th, about three o'clock in the afternoon; and when we came to the door, we found it only on a single lock; my youngest son, William Slack, was with me, who is a witness here.

Q. How many locks were there to the door? - A. Two: one a patent lock, which had been spoiled; it was forced open, and the box where the lock goes into, was forced out; the door was only secured by the other lock, and that was only upon the single lock. The first thing we saw in the house, was a feather-bed, a bolster, and two blankets, I believe they were, but they were tied up in one, the four corners were tied together; they were brought down into the passage, what we call the hall; we looked into the parlour, and that was all in distress, every paper in every drawer was thrown about, so I would go no further till I had called in some neighbours; the parlour doors were both open; in the fore parlour, there was an harpsichord, and upon that, several empty bottles, and six glasses; there was a looking-glass taken out of a paper-machee frame, and laid upon the table; I cannot speak to any more in that parlour, but in the back parlour, that door was forced open, and the cheek of the door split; every drawer had been opened, and every paper thrown about the room; you could not set a foot but you must tread upon papers; and the library was broke open.

Q. Did you examine any further? - A. We went all over the house.

Q. You saw nobody in the house? - A. There was nobody in the house, upon my honour; the back drawing-room door had been forced to; I had the key of that, and every room; I saw nothing particular in that room, there being no drawers, or things of that sort. We went then into the front drawing-room, I did not observe any force there; that door went out of one room into the other, there was no drawers to open there neither. I found an ornament glass, that was over the chimney-piece broke, the paper was stripped off some large pier glasses; we then went to the two pair of stairs front room.

Q. Is it a bed-room? - A. Yes; the door of that, room had been forced open; at least, it was open; I am not certain it was forced, every thing had been opened, every drawer, and every little box with curiosities thrown under their feet; there was a bureau, and every drawer in it had been opened, and the lock spoiled; and if there was a little cabinet-box with curiosities, or any thing of that sort, it was thrown under their feet; the back room we found in the same confusion, and every drawer opened; I do not recollect whether the door of that was forced or not. We then went into the garrets, and found every thing in the same confusion; every box opened; I believe not a servant's box, or any thing, but what had been opened; the beds were in confusion, and every thing in the same state as every other room; I should have told you, that, by the door of the second floor is a closet, where the linen was: the door was open, and the chest containing the linen was broke open, and every thing in it taken out; we saw that before we went into the garrets.

Q. You don't know, of your knowledge, that there had been any linen in that chest? - A. I do not know; all the garrets were in the same confusion. We went into the kitchen, and from there into the housekeeper's room below stairs; I don't know whether it is a pantry, or what they call it, that was in the same state of confusion as the rest. Underneath the kitchen stairs, we found an iron chest, which was turned on one side; we went to the back wine-cellar, and found the door open; I don't know whether it was picked or not, there were several empty bottles, but not one with any thing in; we fastened the doors of such rooms as were not broke below stairs; I left every thing in the state I found it; I did not move a paper, or any thing.

Q. Did you observe any property in any part of the house, exclusive of this bed and blankets that you described? - A. I don't recollect any other cir

cumstance: the beds were all gone up stairs; we searched every part of the house, and there was not a creature in it.

Q. Did you, before you came away, take particular notice of the situation in which you left every thing? - A. I believe what I have told you is as near as I can recollect.

Q. When you left the house, what did you do? - A. We secured the outer door by the single lock: it is a spring lock, so that it was double locked.

Q. About what time was it you quitted the house? - A. Past three o'clock; but I cannot say how much. When I was going to Justice Addington, by St. James's church, it was just four o'clock.

Q. Did you go immediately from this house to Justice Addington's? - A. I might stop at my own house ten minutes, or a quarter of an hour.

Q. In consequence of some advice you received from Mr. Addington, did you, or not, watch the house? - A. I did.

Q. Where did you go to, and who went with you? - A. Nobody went with me.

Q. When you went to watch the house, where did you go to? - A. To the next door.

Q. What time might elapse between your going to Mr. Addington's and returning to this door? - A. I went home as quick as I could; I cannot say how long I might stay.

Q. Did you go home before you went to the house? - A. Yes; I went to the next door to this house, and staid there till five o'clock.

Court. Q. Was you within the house at the next door? - A. I was both within it, and at the door.

Mr. Raine. Q. Did you make any particular observation at that time upon the house of the Miss Nevilles? - A. No; I saw nothing stir then; I came home then, and finished a letter to the Miss Nevilles; that is, I directed my son to do it; I staid at home to finish the letter; my wife sent the maid to the house first.

You must not tell us that. - A. I returned to the house about six o'clock; I had several neighbours with me; and we observed a light in the parlour.

Q. Did you observe any thing like a light in the parlour when you was there before at five o'clock? - A. I did not look for it.

Court. Q. Was the window fast where the shutters shut? - A. Yes.

Court. Q. Could you see it through the shutters? - A. I cannot say I did myself, my eyes are not very good; when we observed the light, we got some assistance: I myself went to one public house, and my sons went to some others, till we had got, I suppose, a dozen people together; but I carried them as hush as I could, as if we meant to rob the house ourselves. We got lights; and I kneeled down to the key-hole all this time that the people were assembling, to see if I could see any thing stir; I saw the glimmering of a light come out at the parlour door, but saw nobody.

Q. Did you observe any thing else? - A. I asked the people at the door if they were ready to go in with me; I had not tried the lock at that time; they said they were, and I immediately opened the door with a key.

Q. Did you turn the lock once, or twice? - A. Only once; I found it was only pushed to.

Q. Are you very sure it was turned twice when you left it? - A. Yes; I went in myself first, all along the passage.

Q. Had you any light with you then? - A. Yes; I saw two lights burning in the parlour upon the harpsichord; I did not go into the parlour, my son brought one of the lights out of the room, I stood at the bottom of the stairs; I looked in the back parlour, and there was nobody there.

Q. Did you observe any thing in the passage? - A. Nothing but the bed and blankets, that we left in the passage, remained in the same place. Just as we proceeded to go up stairs, there were some voice called out,"Shoot them, damn them," and stamped repeatedly.

Q. Where did those voices come from? - A. From the second landing-place at the drawing-room door, they repeated it over and over a great many times, and stamping with the feet.

Q. You are confident these noises proceeded from above? - A. Yes; I am very certain. I made answer to that, "Oh damn you, I will shoot you."

Q. Who went up stairs first? - A. I did.

Q. Had you any light with you? - A. Yes; plenty: I had a candle in one hand, and a cutlas in the other.

Q. Any lanthron? - A. There was one in company, but I had it not.

Q. Are you enabled to slate, positively, you were the first person that went up stairs? - A. Yes; I went up two or three stairs, I did not get up stairs first; but I went up two or three stairs before any body else of my company.

Q. Are you enabled to state, that when you first proceeded to go up stairs, none of your party could have passed you? - A. I am certain of it.

Court. Q. No person whatever could have gone up without your knowing it? - A. I am positive of it.

Q. State to us, distinctly, what you did in going up stairs? - A. They met us near the first landing-place; when I said, "Damn you, I'll shoot you," they retreated.

Court. Q. Did you see them retreat? - A. I cannot say, it being candle-light, and I am be

tween fifty and sixty; I cannot say that I saw them till we got into the back drawing-room; we ran as hard as we could run up stairs

Court. Q. And met no person upon the stairs? - A. No, not till we got there; my son being very active, got up before me; and another of the witnesses got up before me, I forget his name, he is here.

Q. I understand you to say, that you was third then? - A. I was third up stairs; the prisoners made into the back drawing-room, and from thence into the front drawing-room; I saw them there very plain.

Q. Had they any light with them? - A. No; I saw them making out of one room into the other, for we came up very near them then: the; door opens from one room into the other, they pushed to the door that goes into the front drawing-room, the other witness got his foot in, and my son his arm in, so that they could not get it to; the first light that was carried up was knocked out, the prisoner Abbot knocked it out before he got into the front room.

Q. You saw that yourself? - A. Yes.

Q. Who had the light in his hand? - A. I am not sure whether it was either my son or the other witness; his name is Harvey.

Q. Could you swear that it was Abbot? - A. I believe it was; I am sure it was one of the two, but I believe it was Abbot, I never saw him before that time; when they found they could not get the door shut, they got to arms: there was a kind of flower-bench, like steps, that the Ladies had been used to put flowers upon, that stood in the middle of the room; I believe it was the tall one (Vandercom), but I am not sure, got this flower-stand for steps, to get the bar of the window down; and the other had got a table, or a chair, to make some resistance with.

Court. Did you see him lay hold of the iron bar? - A. Yes, I did; I attacked the man with the iron bar; he was cut on his arm, and he dropped the iron bar, and I immediately picked it up.

Court. Did you cut him? - A. No, I did not; I don't know who it was that did.

Q. And was that man secured? - A. He was secured almost immediately; he ran to help the other, and I think they sought with a table and a chair; but they were soon overpowered, for one of them was cut down.

Q. Were they both secured? - A. Yes; in a little time.

Court. Which was the man that had the iron bar? - A. I am not certain, but, I think, it was Vandercom; they were both cut across the arm, while they were fighting: this knife was found under them, by my eldest son.

Q. Did you see it found? - A. No.

Q. Is he here? - A. No.

Then you must say nothing about it.

Q. After the prisoners were secured, did you take notice of any of the property? - A. Between the time I was there in the afternoon, and that time, the carpet in the back room had been began to be taken up; that was all that I observed; it covered the room; it was nailed down to the floor; when I saw it again it was out across the door, and the nails left in.

Q. Did you observe any other alteration in this carpet? - A. No.

Q. What did you observe besides, about any other part of the property? - A. I believe, no more than what I told you.

Q. Do you know of any curtains? - A. Yes; the curtains were found packed up in a bag.

Q. In what situation were those curtains the first time you went down? - A. I did not observe them then; they were found in that situation by another person.

Q. Did you observe any curtains upon any bed? - A. I am very certain I saw none; and I took; notice that the beds were gone; and there was nothing remained but the bedsteads.

Q. Did you take notice of any other part of the property? - A. No, I don't recollect any thing but what I have told you already.

Q. You spoke to us of a chest, in a closet under the stairs? - A. The iron chest had not been opened, as I understand.

Q. Did you observe it when you first went to the house? - A. Yes; I looked particularly, expecting that might have been done something to.

Q. Did you observe it the second time? - A. Yes; and it was in the same situation that I left it in, in the afternoon.

Q. All this took place upon the 19th of November? - A. Yes.

Q. When you returned to the house it was about six o'clock? - A. Yes.

Q. Was it then dark? - A. Yes.

Q. About what time did the darkness set in that night? - A. It was almost dark when I came from the door at five o'clock, and the candles were lighted in my shop when I went home.

Q. The first time you went, who was with you? - A. My youngest son.

Q. Did he go all over the house with you? - A. He did; and my eldest son, and some other neighbours besides.

Q. He is not here? - A. No; I would not go in alone; I thought my character might be injured; I went alone, first; but, upon finding the room in confusion, I would not go any further; I took some neighbours in with me.

Cross-examined by Mr. Knowlys. Q. I believe, from the time the keys were delivered to you, by the housekeeper, down to the 19th of November, you had never gone into this house? - A. Never.

Q. About five o'clock you quitted your watch upon this door? - A. Yes.

Q. At that time, you say, it was not dark? - A. I said it was.

Q. Not at five o'clock, when you quitted the door? - A. It was so dark that the candles were lighting.

Q. But you know we light candles when there is a good deal of light out of doors? - A. We don't.

Q. Could not you have seen the face of your son, if he had been there, outside the door? - A. I might possibly, I don't doubt that I could, if it was ever so dark.

Q. What I want to know is this, whether, by the remainder of day light that then existed, could you have distinguished the features of any man? - A. Yes; I dare say you might.

Q. Did not this house appear to you to be entered by the door? - A. I am very sure it was.

Q. By means of some key? - A. I told you it must have been forced.

Q. But after you had left it? - A. Yes; or a pick, or something of that sort.

Q. That is, the lock was opened without doors? - A. I don't doubt but it was; they could not get in without a key, or a pick, or something of that sort.

Q. So that that is almost an instantaneous operation; you may do it in a minute as well as in an hour? - A. Certainly.

Q. Therefore, if any body was upon the watch, they could have entered in a minute? - A. Yes.

Mr. Raine. As to this instantaneous operation, did I understand you right, when you said, you left it double-locked? - A. Yes.

Q. And you found it single locked? - A. Yes.

Q. Can you tell us exactly at what time the sun let that night? - A. I cannot exactly to a few minutes.

Court. The sun set at fifty-two minutes before five.

Mr. Raine. Q. Supposing there had been no lamps, do you think you could have distinguished, at this time, the features of a man? - A. I suppose I could, but I had no idea of taking such particular notice.

Jury. Q. We wish to know, if he must not be very near a person, to distinguish his features at that time?

Court. Q. At what distance do you apprehend? - A. I suppose so; but not making any observation of the sort, I did not think of it.

WILLIAM SLACK sworn.

Examined by Mr. Trebeck Q. Do you recollect, on the 19th of November last, going to the house of Misses Neville? - A. Yes; I went with my father, to see if any damage had been done to the house by the high wind.

Q. Who did you go with, and at what time the first time you went? - A. With my father; it was nearly three o'clock.

Q. Did you go all over the house with your father? - A. I did.

Q. Did you make any observations upon the state in which you found the house? - A. Yes; I took notice of a bed which had been brought down from above stairs, and put in the passage.

Q. Wherever your father went did you go? - A. Yes.

Q. Where was this bed? - A. In the passage, tied up in a blanket.

Q. Did you make any observation upon any other property in the house? - A. Yes; I took notice that in the back garret there were some red curtains tied up in a black bag; they were lying upon a bed.

Q. On a bed, or on the bedstead? - A. On the bed, I believe.

Q. Did you make any other observation upon any property about the house? - A. A looking glass taken out of a frame in the front parlour; the frame was left up.

Q. Did you leave all the things in the house in the situation in which you found them? - A. I did; not moving any thing.

Court. Q. How did you know they were red curtains, if they were tied up in a bag? - A. I undrawed it, to see what it was.

Q. Did you make any further observation upon any property? - A. I did not.

Q. Did you leave the house with your father? - A. I did.

Q. Did you see your father secure the door? - A. I secured it myself.

Q. How was it secured? - A. I left it the same way as I found it; I think it was me that locked it.

Q. Are you quite sure of that? - A. I am pretty sure of it; as I brought the key home.

Q. What time that afternoon did you return to the house? - A. We were in till almost four, as near as I can recollect.

Q. Was it your father, or you, that went out first? - A. I think I did, to fetch my brother, for I left my father in the house; I ran home immediately, to tell my brother of it, and our man.

Q. You say you went out of the door first? - A. That was before I searched the house.

Q. When you went away, after searching the house, who went out of the door first? - A. There were several neighbours; but, I believe, I was the last in the house; I think I locked the door.

Q. When you went out at the door, who had the key? - A. I had; I kept the key all the while I was in the house, in my pocket.

Q. Had you originally opened the door? - A. I had.

Q. Not your father? - A. No; but me.

Court. Not your father? - A. No.

Court. Are you quite sure of that? - A. Yes.

Q. When you opened the door, was it single locked, or double? - A. Single locked, when I went the first time.

Q. Is this a spring lock? - A. I only turned it once round.

Q. Supposing, at four o'clock, when you left the house, you had not put the key into the door, and shut the door, would it have shut? - A. It would.

Q. When it was so pulled to, did you turn the key once after it was shut with the spring lock? - A. I did.

Q. How soon did you return to that house? - A. Nearly six o'clock; it was after I had had my tea.

Court. Q. Did you return to watch the house for your father? - A. No.

Q. When you returned to the house, who was in company with you? - A. A young man of the name of Burch; he is not here; my father was with me; I had had my tea; the maid came for me, and I went to my father, in Portugal-street, nearly fronting the house.

Q. When you went to your father, who was in your company? - A. There came up one Harvey.

Q. Was William Bagley in your company? - A. Yes.

Q. Thomas Lawless ? - A. Yes; rather before Mr. Bagley.

Q. Did you or your father unlock the door? - A. My father did, in my presence.

Q. What was the first thing you observed? - A. I observed a light in the parlour, before we opened the door; my father then opened the door; I then rushed past my father into the parlour, where there were two lights.

Q. Did any body else pass your father, at that time? - A. No.

Q. When you got into the parlour, what did you perceive? - A. There were two candles alight upon the harpsichord; I took hold of one of them; and when I came out of the parlour, I heard some voices above, and stamping of feet, as if they were coming down stairs, to meet us.

Court. Q. Was it a wooden stair-case, or stone one? - A. A stone one; I then heard somebody holloa out, "Damn them, shoot them," two or three times: it appeared to come from the second landing-place.

Q. By that second landing-place, do you mean the landing-place of the drawing-room? - A. Yes.

Q. At the time you come out of the parlour with the candle, where was your father? - A. He stood at the bottom of the stair-case; he might be up one or two of the stairs.

Q. Did any person pass your father, when he was at the bottom of the stairs, or upon one of the stairs? - A. No.

Q. Did any person go up stairs? - A. Yes; Harvey and me immediately pushed by my father, and ran up stairs; I then had a glimpse of one or two men, turning back to the front drawing-room door, I followed them.

Q. Did Harvey follow them likewise? - A. Yes; and my father immediately after him; just as they got into the back drawing-room door, they knocked out the candle, which I had in my hand, they then opened the door that leads into the front drawing-room.

Court. Q. Then it was a door between the two drawing-rooms that they had got into, when they knocked out the candle? - A. Yes.

Q. Can you say who knocked it out of your hand? - A. I cannot say, positively, which of them it was.

Q. Did you observe what sized man it was? - A. I did not take that notice.

Q. Did you follow them into the front drawing-room? - A. Yes; they then shut to the door, and held it against us.

Q. Did they entirely shut the door? - A. They shut it against Harvey's arm.

Q. Did any thing else but Harvey's arm prevent their shutting the door? - A. Our pushing against it.

Q. Did you push the door open? - A. We waited about half a minute, till the others came up; we pushed against the door, and they pushed against us; and then they ran away from the door, and we got into the front drawing-room; the first that I saw was the prisoner, Abbot.

Q. Are you sure it was Abbot? - A. It was the least of those two prisoners.

Q. Did any thing happen between you and Abbot? - A. No; I then saw Vandercom, which is the big one, coming from the window; he came round Abbot, took up a pembroke table, and struck me in the face with it.

Q. Were there any lights? - A. Yes, several; there was a young man had a lanthorn, close behind me.

Q. Have you any doubt about this being Van

dercom that struck you? - A. No, I will swear to that; I cut him over the arm, and he dropped the table; I struck him again, he staggered, and I collared him; I believe I cut the other, for I struck at them both; Vandercom tried to strike at me several times with his fist.

Q. Did you secure him? - A. Yes.

Q. Who assisted you? - A. Bagley and Lawless, Harvey had got hold of Abbot.

Q. Were they both secured? - A. Yes.

Q. After they were secured, did you make any observation upon any property? - A. No; I saw my brother take up a knife from under his feet; I sat up in the parlour all the night afterwards.

Q. How soon, after they were secured, did you make any observation upon any property in the house? - A. I took notice of the harpsichord, which was broke, the lid of it was broke off.

Q. You mentioned, that in the morning you saw some red curtains? - A. Yes.

Q. Did you see the curtains that night, after the men were secured? - A. No; I saw them the next morning.

Q. Where did you see them the next morning? - A. In the same place I saw them in before, upon the bed.

Q. Having made your observation in the morning, as to the situation of the property, did you observe any alteration in the property in the evening? - A. I did not.

Q. Did you make any observation at all, during the course of the night that you sat up, where any of the property lay? - A. I did not.

Q. Now endeavour to recollect and tell me, whether you made any observation upon any property in the house, during the course of that evening? - A. I did not, any further than the piece of music that I mentioned; there were several small things thrown out, which were put upon different places, that I should imagine did not belong to those places.

Q. You said that the red curtains were in something in the morning? - A. In a black bag.

Q. Did you see that black bag when you came in the evening? - A. No; I saw it the next morning in the same place where it was left.

Cross examined by Mr. Knapp. Q. You have told my learned friend, that the first time you went to this house was near three; there is no difficulty in ascertaining that it was light then? - A. Yes, it was light then.

Q. You left the house at nearly four? - A. Yes.

Q. It was not dark then? - A. No.

Q. You observed no alteration in the property, between the time you saw it first, and the time you left it? - A. None.

THOMAS HARVEY sworn.

Examined by Mr. Raine. You went to the house of Misses Neville, with Mr. Slack and some others, on the 19th of November? - A. Yes; between five and six o'clock in the evening.

Q. Was it then dark? - A. It was dusk, the lamps were lighting, Mr. Slack opened the door.

Q. The old Mr. Slack? - A. Old Mr. Slack.

Q. He went in first? - A. Yes; and I and the rest of the people followed him directly; young Mr. Slack went into the parlour where the lights were.

Q. Where was old Mr. Slack? - A. He went along the passage to the stairs; I don't know who was first at the stairs.

Q. Did you hear any thing? - A. Yes; a noise of stamping with the feet.

Q. Where was that stamping? - A. Up stairs, and I heard somebody cry out, "shoot, shoot the rascals."

Q. Had you lights with you at this time? - A. Yes; we made a stop about three steps up the stairs; I immediately took a cutlass in my hand from some other person, and I followed the voices up stairs.

Q. Who did you see first? - A. The two gentlemen, the thieves.

Q. Look round, and see if you can see them? - A. That big gentleman, that stands there (Vandercom) and that little gentleman (Abbot) were in the room, the first door as you turn in upon the left hand.

Q. Is that the front or back drawing-room? - A. The back.

Q. Did any thing happen to any of the lights? - A. No; I went to go into the other room, and they held the door; I got my arm in and it was bruised very much; we at last overpowered them; and they left the door and went into the room, and then there was a hat pulled off, and a candle knocked out.

Q. Whose hat was it? - A. I believe it was that little gentleman (Abbot's.)

Q. Was it one of the men? - A. It was one; I then called for another light to come up, and held the door in my hand; when I got into the room, I saw him taking a bar down from the window, he let it fall, and took hold of a pair of steps, and struck me; I immediately struck him with a cutlass; they fought very much, they were at last secured.

Court. Q. Do you mean to abandon the burglary?

Mr. Raine. A. My Lord, I feel that we cannot establish it.

Mr. Trebeck. I trust, that if we can produce evidence, that any piece of property was removed, and the Jury believe that it was removed by those persons who were found in the house, it being left in a state of security, that is evidence to go the Jury.

Mr. Knowlys. My Lord, the party must not be surprized, by the charge he is now called upon to answer; the prisoners at the bar are called upon to answer a burglary, and a larceny connected with circumstances, which may, or may not deprive them of their benefit of clergy, My Lord, it appears to me that they are now about to point out a perfectly distinct felony to that which they before called upon the prisoners to answer.

Lord Chief Baron. It seems to me to be a perfectly distinct felony.

Mr. Baron Thompson . After the house was entered by these men, nothing was actually taken away, even in the construction of law; you lay a charge of breaking the house, and stealing the goods; most unquestionably that may be modified, by shewing that the goods were stolen, though the house was not broke; but it must be connected with the breaking; you are now connecting the prisoner with a prior and antecedent felony, committed before three o' clock; after having tried to convict them of the burglary, and stealing the goods, now, you say, for the purpose of going for the other, that they neither broke the house, nor stole the goods then, but that at another time they stole the goods; and that this is evidence of it, that they were found in the house; this is surely a distinct thing, it is as distinct as any thing can be; any felony, committed by these people, in this house, seven years ago, might as well now be gone into; your indictment has decided it. If you had proved the removal, which you have not been able to do, of those curtains which are proved to have been lying upon the bed in a black bag, and of which he saw enough to identify them; if instead of the bed, those curtains had been found in the passage, that would have been a sufficient removal; after breaking the house, you would then have made out a case, and the only question would have been as to the burglary.

Mr. Raine. I hope your Lordship will detain the prisoners, as we mean to prefer another indictment against them.

Mr. Baron Thompson. Q. Are the grand Jury discharged yet?

Mr. Raine. A. No, my Lord, they are not.

Mr. Baron Thompson . Gentlemen of the Jury, you have heard enough to observe the state of this case; as this indictment is framed, it is impossible legally to convict these prisoners; and I am sure, illegally, no prisoner will be convicted here; if they chuse to prosecute them afterwards, that is another thing.

Both NOT GUILTY .

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

Reference Number: t17960113-28

85. PHILIP PARRY and THOMAS THOMPSON were indicted for that they, on the 16th of December , in and upon Peter Sidebotham , did make an assault on the King's highway, putting him in fear, and taking from his person 9s. in monies numbered, the property of Elizabeth Lee .(The witnesess were examined apart).

PETER SIDEBOTHAM sworn.

On the 16th of December last, as I was going upon my businnes, in the receipt of Mrs. Lee's brewery, at Kingston, to whom I was collecting clerk , I went to Hounslow first, to collect there; from there to Smallbury-green; and from there to Isleworth; and, in coming from Islemworth to Twickenham , I had my wife with me, in a one horse chaise, as near about one o'clock in the afternoon as could be; the prisoner Parry came upon the left side of the chaise, and presented a pistol immediately, and swore most terribly; he demanded my money; I immediately cut the horse, and he could not lay hold of the reins. I got on a little distance, and he laid hold of them again; while he did that, Thompson came up upon the right-hand side, and Parry called him a buggar, and made use of very bad language to Thompson, that he did not come forward sooner, to hold the horse's head. They both presented pistols, and Parry came to my side, after Thompson was at the head of the horse; they drove the wheels into the ditch, so that the horse's head stood in the middle of the road; Thompson stood at the left-side, with a pistol to my wife; and Parry at my side, with his pistol to me, swearing at me, and demanding my money. They kept asking me for money, and I told them I had none, for, I suppose, three or four minutes; my wife was very much alarmed, and begged I would give them some money; when she intreated me, I put my hand into my breeches pocket, and pulled out all the silver I had, which amounted to eight or nine, or ten shillings: Parry took it of me, They then were not contented, but threatened me very hard; my wife jumped out of the chaise; they told me I had more, and insisted upon having it. Then Thompson looked back behind him, and saw some persons in the road, as I suppose, for they went off immediately.

Q. There were some persons came up? - A. There were five or six men not sixty yards off all the time, on foot. Mr. Chapman, the Magistrate, passed me just after, in a chaise; he knew me, but did not speak to me.

Court. Q. What opportunity had you of observing their faces? - A. They had white handkerchiefs up to their mouths; but the wheels being in the ditch. I had a full view of them both.

Court. Q. How long did the whole transaction continue? - A. I suppose five or six minutes; I cannot say justly.

Cross-examined by Mr. Knapp, prisoner Parry's counsel. Q. You live at Kingston? - A. Yes.

Q. You never saw either of the prisoners before? - A. Not before that day, to my knowledge.

Q. You were a good deal alarmed, I take it? - A. Yes. My wife was much more so.

Q. You were considerably alarmed? - A. Not as much as she was.

Q. You described the prisoners to have had a white handkerchief as high as their mouths? - A. Yes.

Q. Beyond their mouths? - A. I don't know that it was. Parry's handkerchief dropped down almost to his chin.

Q. Was there a part of it remaining up? - A. There was some remaining up; they had great coats on, which supported it.

Q. What hats had they on? - A. Round hats.

Q. Over the face, like? - A. I saw their faces.

Q. You had never seen the prisoners before, you were somewhat alarmed, and yet you mean to swear positively to the person of Parry? - A. Yes.

Q. You recollect these men are trying for their lives? - A. I am very sorry there is occasion for it.

Q. You mean to undertake to swear positively to him? - A. I was alarmed most, on account of my wife.

Cross-examined by Mr. Ally, prisoner thompson's Counsel. Q. What time did Thompson come up? - A. Long before I delivered my money.

Q. Were not you examined at Brentford after the men were apprehended? - A. Yes.

Q. Did not you swear you could not at all speak to the person of Thompson? - A. No.

Q. Do you recollect, whether or not you said, before the Magistrate, you were not certain to the person of Thompson? - A. I did not say so.

EDWARD CHAPMAN sworn.

I am a builder and bricklayer: On the 16th of December, about one o'clock, or half after one, I was going down the lane nearly opposite the Crown at Twickenham. I had not gone more than forty or fifty yards down the lane, when I observed a gentleman and lady in a single horse chaise, and two men on horseback, they stood cross-ways in the road: the chaise was in the lane, and stood cross-ways on the road, the men seemed to be detaining them; the chaise was run back into the ditch and out again, I was a great way from them, I was on horseback; I supposed, from the loudness with which they were talking, that they were quarrelling; I was going to make haste forward, I was afraid there would be mischief; as the chaise went into the ditch, my man came up to me and desired me not to go on, he said they were highwaymen; I turned into a house, one Captain Harding's, and desired them to lend me some fire-arms, I found I could get no assistance, I turned me round, and saw the men go from the chaise; I heard the lady holloa murder! Some men were standing with pitchforks, labouring men; I said they were very inhuman men, when they heard the lady cry murder, not to assist; I followed the men, they went on towards I Isleworth, they turned the point of the road that leads up towards Twickenham; I observed through the hedges which way they turned, and continued the pursuit; the first person I met was Mr. Twining's servant, of Isleworth, his name is Smith; I said there were two highwaymen, and I begged him to follow me; he did not immediately follow, but soon after turned after me; they rode through Twickenham town, I did not see them in Twickenham, but I saw them soon afterwards; I still kept crying out highwaymen; the people directed me that they were just before, they turned a number of corners; I got up to very near Lord Orford's gate, at Twickenham, and saw them again riding together.

Q. What pace did they go? -. Fast; a very good pace; they pulled up there, rather slackened their pace, and seemed inclined to let me come up to them; I had nothing to defend myself, I was not in a hurry to come up with them, I kept at about sixty yards distance, they kept on the road to Hampton-Court: there is a parish gate which a woman keeps, she opened it to the first, and he went through; I holloa'd to her, stop thief, and desired her to shut the gate, which she did; as the second man was going through, the gate came in contact with the horse's breast, and almost threw him down, the rider fell from his horse just before I got up to the gate; the first pulled out something and turned round, I cannot say it was a pistol; I went as fast as I could to the gate, where the man had fallen off; Mr. Twining's man came up, and said, O Lord, he was killed; I said, to Mr. Twining's servant, he is very safe, and called to a smith, of the name of Watts, to assist him, while I pursued the other. I then observed the other was down, at Teddington village, at a considerable distance, but within sight; immediately a baker's man came up, on horseback, I desired him to assist me in the pursuit, and we pursued him together; when we were down to the end of the town, he had got round the corner and I could not see him: the baker's man turned the wrong way, I turned right, and pursued; I then saw the horse and not the man; I met a carriage, and asked the man if he saw the man that rode that horse? he said he knew nothing of him. I then saw the man endeavouring to conceal himself in a hedge; I thought I could go to the place where he was, but in leaping the ditch, my horse sell. When I came to the place, I could not see him just for a little space,

he had secreted himself in the hedge out of my sight; I desired a person that followed me to stand where he was, for I was sure the man was not far off; there was a boy in the field with a gun, I asked him to lend me his gun, he hesitated, and I took it from him; and then I heard a holloaing behind me, and saw some people had got the man; I immediately came up to him, and he came to me, and begged to shake hands with me; he said, he hoped I should not use him ill; I told him he should not be used ill there by any body, and begged him to walk up to Teddington village, to the first house; several persons went with me, and he begged I would use him as a gentleman; he said, he believed I was a gentleman, and he would be no other to me; he begged me to search him, and said, he had not taken the advantage of me that he might have done. One of the foot people, the first that came up, pointed to his coat pocket; I said as he had desired me to search him, I would just see what was in that pocket, and he pulled out a short pistol; immediately a man who came up from Teddington, whom I knew, of the name of Bird, put his hand to his breast, and took out another pistol. I said, Bird, are you a constable; he said he was; I desired him then to take care of the man, and take care of these pistols; he took charge of him. I rode with him up to Teddington to the village, and left him in charge of the constable, and went in search of Mr. Sidebotham, that he might come and see them: Thompson was the man that fell off at the gate, and Parry the man that hid himself in the field.

Q. What sort of horses had they? - A. They were both rather bay; the short man had a sort of a dark green coat; it was he that fell off his horse, Thompson; the other was Parry, he had a lighter coat, of a brown cast.

Q. What were the colours of the horses? - A. Both bay; about a hand difference in the height: Parry rode the tallest.

Q. For what length of time, during the pursuit, were they out of your sight? - A. About two minutes, not more.

Q. Have you any doubt in your own mind, that the men you began to pursue, were the men you took and carried to Teddington? - A. I have no doubt at all.

Q. How long, at any one time, was Thompson out of your sight before the gate was shut upon him? - A. Neither of them was more than that out of my sight.

Q. When did you begin to pursue them? - A. I saw them at the chaise, and when they quitted the chaise, I began the pursuit.

Q. Have you any doubt, that the men you took in those two ways were the men that quitted the chaise? - A. I believe them to be the men, I have no doubt of it.

Cross-examined by Mr. Trebeck, prisoner Parry's Counsel. Q. Parry behaved with perfect peaceableness? - A. Quite.

Q. He shewed no symptoms of violence? - A. None at all.

Q. You found upon him two pistols? - A. Yes.

Q. He wished to be searched? - A. Yes.

Q. His demeanor was perfectly peaceable? - A. In every respect.

THOMAS SMITH sworn.

I apprehended a man between Isleworth and Twickenham, at the gate by the Common.

Q. Who desired your assistance in that pursuit? - A. Mr. Chapman.

Q. What happened at the gate by the Common? - A. Calling to the woman to shut the gate, which she did, he fell from his horse; I jumped off, and took him.

Q. Do you see that man here? - A. Yes; the gentleman in black; Thomas Thompson he calls himself.

Q. How was he dressed? - A. I did not take notice of his dress.

Q. Had he a great coat on? - A. Yes.

Q. Did you observe the colour of it? - A. No; I did not.

Q. What did you do with him? - A. I took him to the constable, at the Royal Oak, Teddington; and gave the constable charge of him.

WILLIAM TURNER sworn.

About the 16th of December the two prisoners came riding by; I was unloading some barley, at my master's house, at Twickenham.

Q. Did you take any notice of their horses? - A. Yes; one was a bay mare, the other a bay horse.

Q. Were they both of the same size? - A. The mare was rather higher than the horse, as far as I can tell.

Q. Did you observe their clothes? - A. Not particularly; Edward Chapman and Thomas Smith were riding after them; they cried, "Stop, highwayman," and told me to come on.

Q. Were you on horse-back? - A. I was not then, but my master's horse being by, I took it, and followed them, and, just as I overtook them, they had got one man.

Q. Where was that? - A. At the gate of the Common, at Teddington.

Q. Did you observe that man? - A. Yes.

Q. Was it either of the prisoners? - A. That man in dark clothes (Thompson); I immediately went after the other; Chapman desired me to go

after the other, that was gone forward; I pursued him.

Q. Did you lose sight of him at any time? - A. I lost sight of him just going round the corner of Teddington.

Q. For what length of time did you lose sight of him? - A. For the space of a minute or two; the prisoner Parry was got off his horse, and got over into a field.

Q. Did you see him get off the horse, or see the horse without him? - A. I saw the horse without him; he had crept into a ditch.

Q. Where did you see him? - A. In the ditch; I found him in about two minutes; he was crept into a ditch, under some bushes; as soon as I saw him, I said, to the people that were by, here is the man, and he immediately came out to me; he told me, I need not be afraid of him; he would not hurt me; and he came up to me, and gave me his hand; then we had them off to Teddington.

Q. Are you perfectly sure, in your own mind, the man you pursued, and overtook, is the prisoner at the bar? - A. I be.

Q. That is James Parry? - A. Yes.

Q. Do you know any thing of the man you left at the gate? - A. No.

Cross-examined by Mr. Knapp. Q. Though this man, Parry, had a brace of pistols, one in his pocket, and another in his breast, he immediately came out to you, gave you his hand, and did not offer any violence at all? - A. No.

GEORGE BIRD sworn.

I live in Teddington-street.

Q. What do you know as to Mr. Sidebotham's robbery on the 16th of December? - A. I heard a cry of highwaymen, about half after one o'clock, at my own house, I saw a person riding along.

Q. What pace was he going? - A. As fast as the horse could go, apparently.

Q. Did you observe what sort of a horse it was? - A. A bay mare.

Q. Did you observe his dress? - A. I did not, distinctly, only his great coat; I believe it was a brown one; I went the footway towards Twickenham; after I had got some distance along the foot road, I saw they had taken the prisoner.

Q. Was that the man you saw before? - A. Yes; I crossed a gentleman's park, to come into the road where they were; Mr. Chapman and a good many other people were in the road; I went up to them.

Q. Do you see the man that was taken, here in Court? - A. Yes, Parry: when I came up, I saw a pistol in his breast; I took it out; it was loaded and primed.

Q. You are a constable? - A. Yes; I searched his pocket; I found nothing but some powder, wrapped up in a paper, with a letter, in his right hand waistcoat pocket; and twenty-one shillings and sixpence, that I returned him; I took him into custody, and took him before a magistrate, and he was committed.

Cross-examined. Q. You took the pistol from Parry's bosom, and it was primed and loaded.

Q. He did not attempt to make any violent use of it against any body? - A. No.

THOMAS EVANS sworn.

I kept a livery-stable: three-quarters of a year ago I let it to my brother; he keeps it now; I assist him: on the 15th of December a person came to me to engage two horses on the morrow.

Q. Who was that person, do you know? - A. Yes; it was the least of the persons at the bar, Thompson; I told him my brother was not at home; but, I believed, he could have two in the morning; they were to be ready at half past seven; when my brother came home, I said, I had engaged two horses for Mr. Price; they were engaged for a Mr. Price, by the prisoner.

Q. Had your brother a customer of the name of Price? - A. Yes; to whom he let horses last summer.

Q. Who came for them? - A. The prisoner; my brother delivered them; I was not present at the time; one was a bay mare, the other a bay horse; the mare is higher than the other; it is about fifteen hands and an half; the horse is about fifteen hands; the Saturday following I went to Teddington, with a letter from Mr. Bond, to see them.

Q. What day was the Saturday? - A. The 19th.

Q. Did you see the horses there? - A. I saw the horses there.

RICHARD EVANS sworn.

I am the brother of the last witness; I keep a livery-stable.

Q. Did you at any time in December deliver two horses to hire, to any body? - A. I did, on the 16th.

Q. You delivered them yourself? - A. Yes; I delivered them to the prisoner, Thompson.

Q. Have you seen the horses since? - A. I have not.

Q. Have you any doubt about the person to whom you delivered them? - A. No; I am quite satisfied about the person.

JAMES WALL sworn.

On the 16th of December I was standing in my master's field, upon a dunghill, at Teddington, at half past one o'clock; I saw the prisoner, Parry, ride along very fast; he was going a gallop, as hard

as ever he could go; I saw a carriage on before; I said to our man, that is a highwayman; I saw two men following him; they asked where he was, that was Chapman, and a baker's man; I pointed to them which way Parry went; they passed by me in the lane; Chapman directed me into the field; I immediately went over into another field; then Chapman rode round the field, and went another way, and found the prisoner in a ditch; he immediately surrendered himself up.

Parry. I leave my defence to my counsel.

Q. Thompson's defence. My Lord, I would observe, Mr. Sidebotham declared, positively, he could not swear to my person, at Hounslow.

Q. (To sidebotham). Did you, at Hounslow, or any where else, say, you could not swear to the prisoner, Thompson? - A. No; I have not been at Hounslow since.

Q. Did you, any where, or at any time? - A. No.

For Parry.

BENJAMIN THOMAS sworn.

I live at Brecknock, in South Wales: I have known the prisoner, Parry, and his family, upwards of twenty years; they were people of respectability and property; the prisoner bore a very good character; I had a transaction with him of a recent date, I bought an estate of him, eight or nine months ago; there was a circumstance happened, in which he could have taken an advantage of me, and he came forward in the most honourable manner.

THOMAS ARCHER sworn.

I live at No. 169, Fleet-street; I conduct the wholesale linen-drapery business of Mr. Pearson; I have known Parry more than twenty years; I knew him a boy; I never heard the least impeachment of his character whatever, till I saw this account in the paper: I saw his mother, she said, he was a very good son to her, and lent her every assistance she required.

For Thompson.

JOHN HUGHES sworn.

I am a taylor, No. 2, Percy-street, the Surry side of Blackfriars' bridge: I have known Thompson ten years, up to the present time; I never heard a bad character of him till the present time.

WILLIAM MARSH sworn.

I have known Thompson eighteen or twenty months; he is a very sober, steady young man.

Parry, GUILTY , Death . (Aged 28.)

Thompson, GUILTY, Death. (Aged 26.)(They were recommended to mercy, by the Prosecutor.)

Tried by the first Middlesex Jury, before The LORD CHIEF BARON.

Reference Number: t17960113-29

86. ANN PHILLIPS was indicted for feloniously stealing a piece of muslin, containing twenty-one yards, value 4l. 4s. the property of John Blomfield , in his dwelling-house , December 9 .

JOHN BROOKS sworn.

I am servant to Mr. Blomfield, linen-draper , Fleet-street : On the 9th of December, the prisoner came into my master's shop, about three o'clock, or a quarter after; she asked to look at some India muslin; I asked her to walk to that end of the shop, where we keep the muslins; I shewed her the fort she asked for; after I had opened the wrapper, a lady came in and asked my fellow-servant for the same kind of muslin, he came up to me and took away several pieces; I am not certain to the number, about seven or eight, to shew his customer; I shewed the prisoner the remaining part of them; she told me they would not do for her, they were too thick; I then reached down another wrapper, that were thinner; I shewed her the whole of them, she told me they would not do for her; she thought there was a piece the young man had taken away that would do for her; I left those-muslin all before her, and went to my fellow-servant for the muslin she wished to look at; when I got there, he was just measuring off the quantity his customer wanted; while I stood there, I saw the prisoner take a piece of muslin off the counter, let it fall on the floor, and put it underneath her petticoats, with her foot; I then went up with the muslins, and took the muslin away I left before her, and put them on one side, and shewed her the muslin I had brought from my fellow-servant; she fixed upon one, and desired me to cut her off two squares; I immediately folded it up, and she pulled out a guinea to pay me; I went to the till to get her change, while I was getting the change she followed me; I looked on the floor where she stood, and saw the muslin was gone; she saw a printed cotton on the counter; as I gave her her change, she asked me the price, I told her the price; she said, if I would out her five yards and an half, and make her some little abatement, she would have a gown of it; I told her I could not cut five yards and an half, being a quarter of a yard more than we usually out; I told her I would measure it, however, and see how much there was, and then I should know what to do; I measured it; and found there was six yards; I said, if she would take the whole of it, I would put it up at her price, which she agreed to do; I folded the gown up, and went to the further end of the shop to get same paper, and tapped one of my fellow-servants, and told him my customer had robbed me; I went back and gave her the change for the gown, and asked her if she wanted

any other article; she told me she did not; she then asked me to be so kind to get over the counter to pick up her pattens for her, which I did; she then wished me a good afternoon, and went out; when she had got as far as the next shop, I went after her, and said, I believed I had made a small mistake; she immediately came back with me, and made up to the counter at which I had shewn her she muslins; I observed her intention; I got before her, and endeavoured to prevent her going to that counter; as I endeavoured to prevent her, she dropped the muslin on the floor, which, as soon as it fell, I put my left foot on; in the scuffle she got two or three pieces of muslin off the counter, which I kept separate with my right leg; the young man, who is here as a witness came forward to assist me.

Jury. Q. You saw the muslin drop from the prisoner? - A. Yes.

Q. How long was it after she took the muslin before she dropped it? - A. About ten minutes.

Cross-examined by Mr. Knowlys. Q. What did this woman lay out with you? - A. About thirty-two, or thirty-three shillings.

Q. That is a pretty good customer, I believe? - A. Yes.

Q. Did you communicate this to your master before you brought her back? - A. No; my master was not in the shop.

Q. She staid a good while after this for her change, and afterwards to buy a gown? - A. Yes.

Q. Where was the muslin found after she came in? - A. She dropped it on the floor; I put my foot upon it to keep it separate; I did not see the other muslins fall.

Jury. Q. Were there any muslins on the ground when she went out? - A. No.

DAVID RENNAULT sworn.

On Wednesday the 9th of December, early in the afternoon, I was engaged with a customer; the young man came and told me his customer had robbed him; I bid him take care she did not take away the property; she went out, he followed her, and she came in immediately; when they entered the shop, she ran to the top of the shop, where he had been serving her, and the muslins were lying in disorder; I kept pace with her on the other side of the counter, at the top of which there is a slap falls down; this being open, gave me an opportunity of seeing the prisoner drop a piece of muslin from under her cloak.

Q. Where did she drop it? - A. Near the counter; the young man was tussling with her, to keep her from the counter; she was endeavouring to draw the other muslins upon it; he put his foot upon the muslin to prevent the muslin she drew off the counter falling upon it; she drew off two or three pieces.

Jury. Q. Were there any other pieces of muslin on the ground when she let that fall? - A. No.

Q. Could you observe clearly, that there were no other pieces on the ground? - A. Yes; very visibly.

Cross-examined by Mr. Knowlys. Q. You desired the other young man not to let her go out of the shop? - A. I told him not to let her go off with the property.

Q. You told the Jury there were none on the ground, that you saw; you don't know that there were none on the ground? - A. I am well assured there were none on the ground.

Q. How came you then to give that answer? - A. It did not strike me at the time.

Q. She was close to the counter? - A. No.

Q. You know the young man was keeping her from the counter; was she half a yard from the counter? - A. More than that.

Q. When the boy afterwards gave an account to his master, don't you remember his saying, he was so confused he did not know what to say? - A. No; I do not remember that.

Q. He did give an account to his master? - A. Yes.

Q. And you were by? - A. Yes; I saw the muslin on the ground before the boy reached the counter.

Jury. Q. Did you see any more pieces on the ground besides that? - A. No; I did see some others afterwards.

GEORGE STOTT sworn.

I am a constable; this woman was given me in charge, by Mr. Blomfield's people; I searched her, I found nothing upon her, they delivered this to me, and I sealed it up. (The muslin was produced in Court.)

Q. (To Brooks.) Whose property is that? - A. My master's property.

Q. Do you recollect giving an account of it to your master? - A. I told him of it; I told him I was very much confused when I saw her pull the muslin down.

Q. Was there any private mark upon it? - A. Yes; my master's private mark.

Q. Has your master any partner? - A. No.

Q. Has he the whole house? - A. Yes. (The prisoner left her defence to her Counsel.(The prisoner called Ann Nelson , Mary Hadges , Elizabeth Barthum , and John Bunce , who had known

her two, three, and four years, and gave her a good character.

GUILTY,

Of stealing goods to the value of 39s. (Aged 40.)

Tried by the London Jury, before Mr. COMMON SERJEANT.(She was recommended by the Prosecutor and Jury for a slight punishment).

[Imprisonment. See summary.]

[Fine. See summary.]

Reference Number: t17960113-30

87. EDWARD WRIGHT was indicted for feloniously stealing a silk cloak, trimmed with lace, value 1l. the property of William Watson , privily in his shop , January the 4th .

DAVID WATSON sworn.

I live in watling-street; I am apprentice to Mr. William Watson, a pawn-broker ; On the 4th of July, as I was standing behind the counter, I had several people in the shop; I was informed that a person had unpinned a cloak that was hanging at the door; I jumped over the counter, ran to the door, and saw the prisoner over the way, with one end of the cloak hanging down.

Q. What time of the day was it? - A. Between two and three, he was rolling it up in a coarse wrapper that he had got; I brought him back into the shop, and put the cloak down on the counter.(The black cloak was produced in Court, and deposed to by the witness.)

Prisoner's defence. As I was going along, there was a horse made a slip, a man came by in a hurry, and asked me to hold this cloak, he was running along, and this man came and laid hold of me; I did not take it, a man gave it me.

GUILTY,

Of stealing, but not privily in the shop . (Aged 66.)

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

[Whipping. See summary.]

[Imprisonment. See summary.]

Reference Number: t17960113-31

88. WILLIAM HOLME was indicted for feloniously stealing three pound and an half of copper, value 2s. 7d. and half a pound of brass value 4d. the property of Thomas Warner , December the 5th .

JOHN DYER sworn.

I am servant to Mr. Thomas Warner , a brass-founder : On the 5th of December my master came into the shop, and desired me to follow the prisoner, he thought he had got something; I followed him through Red-cross-street, into Golden-lane; I saw him go into an iron shop, Mr. Rogers's; I staid till he came out; coming down Golden-lane; I saw him put something into his waistcoat-pocket, what, I could not tell; I acquainted my master that he had gone into and old iron shop, what he had done there, I could not inform him of.

Q. What time was this? - A. About one o'clock, when the men went to dinner; we got a search-warrant and searched the house, but could find nothing in it; the runners returned to my master, and desired us to watch him again; accordingly, at five o'clock, we did: we watched him, and he went into a shop; I suppose the signal was given, and he came out again; James Matthews then took hold of him, and said, William, your master wants you; he came back, and I said, I believe we needed a constable to search him; while the constable was gone for, he began taking the metal out of his pocket; I said, William, you may as well take it all out that you have; he said, he had; I said no, he had not; he had a piece of metal in his pocket, and accordingly he took it out.

JAMES MATTHEWS sworn.

I am fellow-workman with the prisoner: On the 5th of December, I went, about seven o'clock in the morning, my master told me he had been robbed; at five in the afternoon, my master ordered me to watch the prisoner out of the shop, I stood opposite my master's house; about five he came out, and instead of turning towards his own habitation, he went down Golden-lane, into the shop of Mr. Rogers, he stopped about a minute; he had understood, by some notice, that there was a search-warrant, and turned round short upon me to come out; I laid hold of him, and told him my master wanted him at home, he gave me no answer at all; I followed him very close, and he shifted the metal out of one pocket into another; I saw it in his hands several times.

Q. You had not told him what you came for? - A. No, I did not; he came back into the shop, and I told him what he was charged with; I sent for a constable, and before the constable came in, he pulled it out of his pocket, and laid it on the counter; my master asked him how long he had robbed him? he said, it was the first time, and he hoped he would forgive him. The constable came in, my master gave him in charge, and he was sent to prison. (The metal produced in Court.) That is my master's property.

Jury. Q. Can you swear that it is your master's property? - A. Yes; it is metal that I cut up the night before.

Jury. Q. Did you never cut any like it before? - A. Yes, many thousands; in the course of the Saturday, I saw this metal in the cellar two or three times; I took particular notice of the metal, for I had marked in the morning a great quantity of it; and between nine and ten o'clock, in the day,

I went down into the cellar and examined the metal, whether any of it was gone; a great part of it was gone that I had marked.

Jury. Q. You did not put any particular marks upon it? - A. No, not as I did upon the other. About four o'clock I went down again, and it was all gone but about two ounces. I look upon it I might have marked eight or nine pounds; and I went down at four o'clock, I took particular notice of this metal lying then in my master's cellar.

Q. Do you swear to it all? - A. No, not to it all; I can swear to these three pieces; they have gone through my hands a great many times. I can take upon myself, positively, to swear that they were my master's property, I had it in my hand before I doubled it, and after it was doubled. About four o'clock was the last time that I saw it before I found it upon the prisoner; I have had as much practice in metal, I believe, as most men in London; I have lived with my master above thirty years.

Jury. Q. What is your mark? - A. There is the mark of a hammer upon one, and a double in another; I had it in my hand about four o'clock.

Jury. Q. Which end of the hammer did you strike it with? - A. The blow came with the ball of the hammer.

Court. Q. You don't use claw hammers? - A. No.

Prisoner. As to cutting it up, my Lord, he did not.

Jury. Q. Do you know whether Mr. Warner ordered this prosecution?

Court. Q. That is a question that we have nothing to do with, Gentlemen.( Edward Warner was called, but, being a Quaker, refused to be examined).

Court. (To Matthews.) Q. How long had he worked for Mr. Warner? - A. About three quarters of a years.

Prisoner's defence. I have some witnesses to give me a character, my Lord.

Jury. (To Matthews.) Q. What may be the value of all that metal? - A. About 3s.

Jury. Q. What is the weight of it? - A. Four pounds, three ounces.(The prisoner called Richard Lewis , a surgeon and apathecary; Thomas Bishop, who had known him thirty years; Joseph Allen, William Granger, and Benjamin Dalton; who all gave him a good character).

Court. (To Matthews.) Q. How long has he lived with Mr. Warner? - A. I believe, about six months.

Court. Q. Do you know where he came from? - A. I don't know how he came there, or who recommended him.

GUILTY . (Aged 47.)

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

[Transportation. See summary.]

Reference Number: t17960113-32

89. WILLIAM FRENCH was indicted for feloniously stealing, on the 18th of November , a woollen great coat, value 4s. the property of Michael Kelly .

MICHAEL KELLY sworn.

I can only prove my property.

JOHN MACARTY sworn.

I am a pawubroker, No. 66, Long-Acre. On the 18th of November I took a blue coat in pledge of the prisoner at the bar.

Q. Did you know him before? - A. Yes.

Q. Did he say how he came by it? - A. No; he pledged it for 4s.

EDWARD TREADWAY sworn.

On the 17th of December I was sent for to take the prisoner in custody; upon searching him I found some duplicates upon him, among which was the duplicate of this coat; it has been in my possession ever since. (The duplicate read.) 18th of November, 1795, 4s. a coat, Holborn, William French .

Q. (To Macarly.) Is that your duplicate? - A. It is mine.

Q. (To Kelly.) Where do you live? - A. I live at No. 2, Middle-row, Holborn; I am a man's mercer and salesman: I lost this coat on the 18th of November; I saw it about a quarter of an hour before the prisoner went out of my shop, he was my journeyman; it had laid upon the counter; I am certain it is my coat, I know it by the size and mark; it was the only great coat, of that size, I had in my shop; it has my mark written in the inside of the sleeve; I had written it a few days before, I valued it at 4s.

Prisoners defence. That cloth I bought myself, to make a small coat for a lad; it did not sit the lad I made it for, and I pledged it to get some more cloth to make the lad another coat. I never did such a crime in my life, as take a coat from any one; I have no friend at all.

Prosecutor. I had this coat from a wholesale house in Thames-street, upon the 23d of October last. A house in that I am in the habit of doing business with, in Bedford-court, Bedford-street, Covent-Garden, he went there, and had goods in my name; and being taken up, the duplicate was found upon him.

Court. You must not tell us that.

Jury. Q. What did this coat cost you? - A. It cost me 8s. 5d.

Jury. Q. What is your private mark for 8s.? - A. My private mark of the price is not upon it; but it is the mark of the size.

GUILTY . (Aged 38).

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

[Whipping. See summary.]

[Imprisonment. See summary.]

Reference Number: t17960113-33

90. JONATHAN LAYTON was indicted for feloniously stealing, on the 20th of December , a watch, called a time-piece, the inside case and outside case made of silver, value 30l. the property of Hugh Lindsey ; a gold watch, value 10l. a gold key, value 10s. and two aornelian seals set in gold, value 20s. the property of John Webster .

JAMES RITCHIE sworn.

I live in Queen-street, Cheapside: I am an officer belonging to the East-India Company; I was commanding officer of the Rockingham East-Indiaman, on the 20th of December last, about eleven o'clock in the forenoon.

Q. Where was the ship lying? - A. At Blackwall . About eleven o'clock in the forenoon, I missed a time-keeper.

Q. Were you homeward or outward bound? - A. Homeward-bound. I missed it from what we call the round-house; the cabin where I slept myself.

Q. Was this a time-keeper belonging to the ship? - A. It belonged to the captain, the Honourable Hugh Lindsey, for the purpose of determining the longitude.

Q. How long had that time-keeper been in your care? - A. At different times, about six months.

Q. How lately had you seen it before you missed it? - A. On Saturday; I had come from London the night before, on the 19th; I had left the ship on Thursday the 17th; I had left the time-keeper in a mahogany case, made for it, in the round-house, standing upon a card-table.

Q. About what time of the day? - A. I think I saw it last about ten o'clock.

Q. Had the prisoner at the bar any thing to do with the ship? - A. No; he was on board as a visitor; I had no suspicion on Sunday, though I missed it, that it was stolen; I thought some other gentleman laid taken the care of it; I made an enquiry about it, and did not suspect it to be stolen, till the 21st; I looked then, to see if any thing else was missing; I caused a search immediately; I did not search myself; there was a gold watch in the same cabin, in the bureau.

Q. Was that gold watch in your care? - A. I put it there myself; I caused the bureau to be searched for it.

Q. Who did you cause to search it? - A. The third made, who is here.

Q. Were you present when that search was made? - A. There was only an open door between us.

Q. When had you last seen this gold watch in the bureau? - A. About the Tuesday before, which was the 15th; it was in the charge of the third mare, Mr. Eckford; it belonged to Mr. Webster.

Q. Was this bureau your's? - A. No; the captain's; I had the key of it; I had all the keys left with me of that bureau; it is a fixture in the ship; and a book-case over it; it was not locked; I knew nothing more of it till I saw the property at Bow-street.

Q. You had locked none of the drawers of this bureau? - A. No; it was my own room, where none came to, except myself.

Q. Tell us what you know of the prisoner? - A. He came on board, as a visitor to one of the officers; the first time he came on board was the 2d of December; we arrived in the River the 29th of November.

Q. Did he continue on board? - A. No; he returned backwards and forwards.

Q. How lately, before you quitted the ship on the 17th, do you recollect having seen the prisoner on board? - A. He went to town with me on the 17th; he was on board that day.

Q. Was he any acquaintance of your's before this time; or; did your acquaintance with him arise from his visiting an officer on board the ship? - A. Yes; just so; he left me as soon as I got to town; I did not see him again till the 19th, when he came on board the Rockingham again; I found him there when I went on board.

Q. How long did you continue to see him on board the Rockingham after the 19th? - A. He staid on board all the night of the 19th, till about four o'clock in the afternoon of the 20th.

Q. Did you see him go away on the 20th? - A. Yes; he went on thore about four o'clock; I saw the time-keeper and the watch at Bow-street.

Q. Was the prisoner there at that time? - A. Yes; in custody, on the 30th of December; I saw nothing of the prisoner in the intermediate time.

Q. Are those articles here? - A. I believe they are.

Q. Did you know them when you saw them? - A. I don't know any thing more about it.

Cross-examined by Mr. Knapp. Q. How many hands were employed on board the Rockingham when you were lying at Blackwall? - A. About forty.

Q. When you go away and leave your ship, is the place you describe, the round-house, locked up, when you leave it? - A. No; the officer who relieves me, takes charge of it.

Court. Q. What mate are you? - A. The second; the first and second mate, one or other of them, must have the charge of it.

Mr. Knapp. Let us know what you mean by charge; do you mean charge of that part of the cabin, like a centinel standing upon guard, to watch it? - A. No.

Q. Then, merely while you are gone, the other mate takes care of it, as well as he can, consistent

with the other duties of his office? - A. Yes; he was left on board as commanding officer.

Q. If there were forty hands on board, they had access to this cabin? - A. No.

Q. During your absence you cannot say, that you never knew, in the course of your life, any of your hands getting into the cabin? - A. I have known them to be sent in to clean it; but I have always been looking after them; they were never there by themselves.

Q. You say, the prisoner had been to visit one of your officers several times? - A. Yes,

Q. And having paid his visits, of course returned; now, on the 17th, he went away with you to town? - A. Yes.

Q. At that time you had not missed any property whatever? - A. None.

Q. He returned again on the 19th? - A. Yes; I found him there, when I returned, on the 19th.

Q. I was, perhaps, too large in my question, of all the hands having access to the cabin; the captain's servants, and the people belonging to the cabin, and who are servants, have of course access to this cabin, backwards and forwards? - A. Yes; my servants and the chief mate's servants.

Q. They go when other people are not there? - A. Yes; whenever they please, trusty servants.

Q. He went away on the 20th? - A. Yes.

Q. Did he go away in the night? - A. No.

Q. Did he go away secretly, or might any body see him go? - A. He went, as a gentleman would leave a ship, without being the least suspected.

Q. The time-piece stood upon the table? - A. Yes.

Q. It was open, and any body that was so disposed might have taken it? - A. The case was about six inches square; they might have taken it away, but they could not put it in their pockets.

Q. They could have taken it under their arm? - A. Yes.

Q. They the time-piece was in such a way that any body might have taken it away? - A. Any body that knew it was there might, at any time that they liked.

Jury. Q. Whether his own private cabin was made from the round-house, or whether it was a public round-house? - A. This was the division that I slept in; I slept there to protect the property that was there; there was a very considerable property there besides this time-piece; there had been a great quantity of diamonds that were put on shore at Long-Reach; this cabin had been appropriated to passengers on the voyage.

Jury. Q. There was a division athwart ships? - A. No; fore and aft; it was on one side the round-house; this property was in the starboard side.

Court. Q. The round-house being divided, and part of it allotted to the commanding officer to protect the property in that part, still the question remains, whether the common people, every body on board, had not access to that part of the round house, or whether the persons whom you have said were employed for cleaning the round-house, and the servants of the officers, had not access to that part which belonged to the officers? - A. Yes; I meant that part of the round-house when I answered that question before.

JOHN ECKFORD sworn.

I am third mate of the Rockingham East-India-man: On Saturday evening, the 19th of December, I went on board the ship along with Mr. Ritchie.

Q. Were you on board before that? - A. Yes; the first time I saw the prisoner was on the 2d of December; he came on board to see the fifth mate; he went on board again on Thursday the 17th of December, and when he came away we walked up to town together, from Blackwall, and parted with him at the Jerusalem coffee-house; Mr. Ritchie and I went on board again on Saturday the 19th, and found the prisoner on board; he staid on board all that night, and the next day, Sunday, the 20th, till the evening; he went on shore about seven o'clock in the afternoon, the next day, about two o'clock in the afternoon, I missed my gold watch from the drawer of a book-case in the round-house; I never saw it again till i saw it at Bow-street.

Q. Did you see the prisoner on board after Sunday the 20th? - A. No, I did not.

Q. When had you seen it in the book-case drawer? - A. On the Sunday on which he went on shore.

Q. Were the drawers of that at all locked? - A. No.

Q. It is called in the indictment the property of Mr. Webster? - A. It belonged formerly to a Mr. Webster, who died lately at Madras; it was brought home by me, to his brother, John Webster .

Q. What was Mr. Webster's name, who died? - A. George; he was heir to his brother.

Q. You took charge of it to deliver it to the brother? - A. Yes.

Jury. Was the watch your's, or Mr. Webster's? - A. Mr. Webster's.

Court. Q. Did you know this watch again when you saw it at Bow-street? - A. Yes.

Q. Do you know any thing of the time-piece? - A. I missed it on the Sunday; I had not seen it for five or six days before.

Cross-examined by Mr. Knapp. Q. First of all, with respect to this watch, the watch was the property

of George Webster, who died at Madras? - A. Yes.

Q. Whose property it was, after his death, you don't know? - A. No.

Q. But you thought you would bring it home to his nearest relation? - A. Yes.

Q. Whether he made a will or not, at Madras, you don't know? - A. Yes, he did.

Q. Have you ever seen the will? - A. No?

Q. Then of course you don't know what that will contained? - A. No.

Q. I understaind that the prisoner went from the vessel on Sunday? - A. Yes.

Q. Are you pretty certain as to the time he went away? - A. I think about seven in the evening.

Q. It was dark then, was it not? - A. Yes.

Q. Are you sure it was seven o'clock in the evening? - A. It was between six and seven, I believe.

Q. Was it not about four o'clock in the afternoon; recollect yourself? - A. I don't think it was, it was very dark.

Q. Was Ritchie by at the time he went away? - A. I don't recollect that he was.

Q. Will you say, he was not present at that time? - A. I cannot say.

Q. I wish you would recollect, because he has told us that he went from on board at four o'clock? - A. It was dark when he went; I think it was between six and seven.

Q. Mr. Ritchie has told us he went away at four? - A. I think it was six or seven.

Court. It cannot be very material.

Mr. Knapp. I don't know, my Lord, I must do my duty as well as I can.

Q. How many were upon deck when he went away? - A. There were a number of people there.

Q. He did not go away secretly? - A. No; he went away publickly.

Q. Did he want a boat to go on shore? - A. Yes.

JOHN SAYER sworn.

I am an officer belonging to Bow-street: On Monday, the 21st of December, a person came to the office.

Q. In consequence of information that came to the office, what did you do? - A. I went to Mr. Parker's, the pawnbroker, in Princes-street, St. Ann's; there I saw the prisoner, Layton; Mr. Parker's told me he had stopped him.

Q. Did Mr. Parker say that in his presence? - A. Yes; I told him to stand up, and in consequence, I searched him: I found this time-piece in his fob-pocket, to the best of my knowledge; and in his other pocket, either coat or waistcoat, I am not certain which, I found this gold chain, two gold seals, and two gold keys; a pistol, and a kind of tobacco-box, or snuff-box, it had some powder and ball in it.

Q. Did you find any other watch upon him? - A. No.

JOSIAH PARKER sworn.

I live in Prince's-street, Leicester-fields, I am a silversmith: On Monday the 21st of December, between one and two o'clock, the prisoner brought the gold watch which I have got in my hand to fell

Q. Did he produce it at that time? - A. He did, as soon as he came into the shop, and asked 10l. for it, to the best of my recollection; I suspected that he had not come by it honestly, and sent to Bow-street for an officer.

Q. Had you, after you had sent to Bow-street, any conversation with him about this watch, how he came by it? - A. No.

Q. How did you amuse him then, while you sent to Bow-street? - A. My brother was in the house, and I acquainted him with the circumstance; my brother came, and got between him and the door; in about a quarter of an hour, or twenty minutes, two officers came and searched, and found a silver time-keeper, a pistol loaded, a snuff-box with powder and ball in it, a gold watch chain, and two seals.

Q. He had not offered the chain and seals to sell to you, nor the time-piece? - A. No.

Q. Did he give you any account how he came by the watch? - A. I asked him how he came by it; he said, he bought it at Portsmouth.

Q. Was there any thing said to him about the time-piece, when it was produced? - A. No.

Cross-examined by Mr. Knapp. Q. You call this thing a time-Keeper? - A. Yes.

Q. You are a silversmith? - A. Yes.

Q. Perhaps you have seen a time-keeper before? - A. Undoubtedly, there is another name for it.

Q. We have heard of time pieces, and timekeepers; is there any difference or distinction between the two names; have you ever seen a timepiece and a time-keeper, under different denominations? - A. Yes.

Q. They are distinct things? - A. Yes.

Q. So that if he had offered you a time-piece, you would have known it by that denomination; and if he had offered you a time-keeper, you would have known it by that, and you would have called them distinct things? - A. I should as a tradesman.

Court. Q. Is it a time-keeper, or a time-piece?

- A. A time-keeper, or a theometer more properly.

Court. The nautical men are the men to speak to that, not a silversmith.

Q. (To Ritchie). Look at that silver instrument, whatever its denomination is, you are a nautical man? - A. Yes.

Q. And used to an instrument of that sort? - A. Yes.

Q. What is the name by which it is called? - A. A chronometer, or a time-keeper.

Q. Is there a distinct name for it? - A. It is generally called a small chronometer.

Q. Has it any other name? - A. No; it is a small chronometer.

Q. Suppose you were to order any person to bring it to you, what would you call it? - A. A small chronometer, I should call it.

Mr. Knapp. Q. Did you ever hear it called a time-piece? - A. Yes; I have heard it called either the one or the other.

Court. Q. Look at it again? - A. This is the chronometer that was taken from the Rockingham, it is the same number.

Court. Q. When did you last see it in the round-house? - A. On Thursday the 17th.

Q. Are you sure that it is the same? - A. Yes.

Q. Do you know any thing about the watch? - A. Yes; I should know the watch, (looks at it.) This is the same chain and seals belonging to the gold watch, they were taken from that drawer in the bureau, they were fixed to the watch.

Q. How came you to know the chain and seals better than the watch? - A. There is something particular about the chain; I know the seal from the crest and the motto; I don't know the watch so well.

Court. (To Eckford). Q. Look at that watch, do you know it? - A. Yes; this is the watch I received to carry to Mr. John Webster .

Q. The watch that was put into the bureau? - A. Yes.

Q. Look at the chain and seals; do you know them? - A. Yes; these are the same.

Q. Look at the silver thing; how long have you known that? - A. Upwards of two years.

Q. How lately had you seen it upon that place? - A. I saw it on Tuesday before the 15th.

Prisoner's defence. Mr. Parker says, that when I was examined, the pistol was found loaded; if you ask the officer that came from Bow-street, he will inform you to the contrary.

Sayer. It was not loaded, and if it had been loaded he could not have fired it off; however it was not loaded.

Mr. Knapp. Q. Does your Lordship think, that in this case, in the first place, the watch called a time-piece is agreeable to the evidence given?

Court. A. I think it is sufficiently described.

Mr. Knapp. Q. Another thing I hinted at, in the beginning of this cause, and I am sure your Lordship will forgive me if any thing occurs to the Counsel for the prisoner, in cases of felony; if I state that to the Court, your Lordship has it in evidence; first of all, this watch is charged to be the property of John Webster ; the watch is proved to have been certainly the property of George Webster ; George Webster is deceased; and the witnes brought it over for the brother John; whether John, as the brother of George, may be entitled to it or not, your Lordship is perfectly in the dark; for thought as heir at law he may be entitled to it, yet, if he has made any disposition of his effects by will and made any disposition of the watch in question, your Lordship knows the property would have been properly described to be the property of the person in whom it was so vested; I have asked whether any part of his property was disposed of by will; your Lordship has it in evidence, that a will has been made, therefore your Lordship will not presume against the prisoner, that this very identical property was not given away by will, and if so it ought to have been correctly described to be the property, which, by the evidence, we are in the dark about; and I am sure your Lordship never will presume against a prisoner; but, that if there is evidence that is in the doubtful scale, your Lordship will give the prisoner the benefit of that doubt; and your Lordships will be of opinion it is too much to take upon yourselves to say, that the heir at law will necessarily have that which might have been disposed of by the brother, and which was certainly in the prosecutor's power if such disposition was made.

Lord Chief Baron. Q. As I understand it, the person, whose property it is laid to be, is the consignee of this watch, he is the carrier of the watch to the brother; was it ever heard of, that it was not sufficient to lay it to be the property of the confignee, the only person to whom we have evidence that it belongs; he is by the witnesses proved most clearly to be the consignee; would not that be perfectly sufficient, if you laid any other species of property to be the true property?

Mr. Knapp. A. My Lord, -

Mr. Baron Thompson. Let us have no more interruptions, Mr. Knapp; it is now my turn, your's is over, if any thing like regularity is to be maintained; if not, farewell to the future administration of justice. I am perfectly satisfied that there is no pretence whatever, not even a

colour for the objection taken by the Counsel in behalf of the prisoner; and I agree entirely with my Lord Chief Baron. The property is laid to be that of John Webster, and the evidence of its being the property of John Webster is that of a person in the East-Indies, upon the death of the brother of that John Webster , of the name of George; he receives from somebody or other a watch upon trust to carry it to England, and deliver it to John Webster ; therefore I say that John Webster , whether, George WEbster died with a will or without, as between the person in possession of the watch, namely, John Eckford, and that John Eckford would be answerable in an action of trover; John Webster was the proprietor of that watch, and that watch being his, in the care of Eckford, in trust for John Webster, is charged in this indictment to be stolen; therefore it was stolen under circumstances which make it undoubtedly the property of John Webster .

GUILTY . (Aged 23.)

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

[Transportation. See summary.]

Reference Number: t17960113-34

91. ANN YATES was indicted for feloniously stealing, on the 3d of December , a cotton petticoat, value 4d. a cotton gown, value 4d. two linen shifts, value 3s. a linen sheet, value 2s. two linen caps, value 18d. two linen aprons, value 18d. two flat irons, value 18d. one cotton frock, value 6d. a cotton handkerchief, value 18d. a linen table-cloth, value 1s. a linen frock, value 8d. and two cotton petticoats, value 6d. the property of Joseph Butler .

JOSEPH BUTLER sworn.

I keep a little coal-shed in Carnaby-Market, No. 38: I hired the prisoner at the bar on the 13th of October, to nurse my sick wife and three small children; one died before she went away; she was pawning the things all the time she was there, but I never missed them till the 4th of December; there were many different articles; they are here in Court.

Q. That is all you know? - A. Yes.

ANN MYNESS sworn.

I am a married woman, I go out a charing to gentlemen's houses; I know the property to be Mr. Butler's.

Q. Do you know how it was taken from him? - A. No; a constable found the tickets in the prisoner's pocket; that is all I know.

JOSEPH FARR sworn.

I am a pawnbroker, the corner of Cross-court, Carnaby-street; I took these things in of the prisoner, from the 15th of October to the 3d of December, at different times: On the 15th of October, I took in a child's petticoat; on the 16th, a child's gown; 17th, a child's handkerchief; 24th, a child's petticoat; 27th, a bed-gown; 31st, a cap; November the 2d, a white apron; 4th, a handkerchief; 7th, a handkerchief; 14th, a handkerchief; 16th, a flat iron; 17th, a frock; 23d, a white apron; 24th, a flat iron; 25th, a coloured apron; 28th, a handkerchief; December the 1st, a table-cloth; 2d, a frock, &c. 8d.; ditto, two shifts; 3d. two children's petticoats.

Q. Have you got all these things here? - A. Yes.(produces them.)

Q. You are sure you took them in of the prisoner? - A. Yes; she pawned them in the name of Yates; I knew her by her coming at different times to our shop; I asked her where she lived, she said, in Carnaby-Market.

Q. You made no enquiries about them? - A. No; she said, they were her own.

Q. Did you put her description on the duplicate? - A. Yes; Ann Yates , Carnaby-Market.

Q. You never asked her in what way of life she was? - A. No.

Q. Let me see the duplicates; (They are handed up.) I see there are some in the name of Yates, but not all? - A. Above half of them, I believe, are.

Q. Here is one of the name of Cousins? - A. That was a person she said was a cousin of her's, that used to come for her.

Q. And there are some in other names? - A. I don't know who it was brought them.

Q. Are you sure as to the prisoner? - A. Yes.

Q. Do you live with Mr. Reedes? - A. Yes; I am an apprentice to him.

Prisoner. I did not pledge them that are in the name of Cousins.

JAMES KENNEDY sworn.

I am an officer belonging to Marlborough-street: On the 4th of December, the prosecutor came to me, and acquainted me, that he was robbed; I went with him and took the prisoner in custody; in searching her pockets, I found the duplicate your Lordship has just seen.

Court. (To the Pawnbroker.) Q. Where are your duplicates? - A. They are upon the articles.

Kennedy. I found these duplicates, and this little shirt, which led me to the pawnbroker's.

Q. (To the Pawnbroker.) Do your duplicates correspond with these? - A. Yes.

Prisoner. I took them to pawn to get the woman more support than her husband allowed her.

Q. (To the Prosecutor.) Look at these things;

do you know any of them? - A. Some of them: this table-cloth has my mark; and this sheet is marked; the child's things I know by sight, but I cannot pretend to swear to them; my wife died too, and lay a corpse in the house at the time some of these things were pawned; this child's bed-gown I know very well, it belonged to my child that died, six months old.

Mrs. Myness. I can swear to this frock and shawl; it is the property of Mr. Butler; they were my property before, and I sold them to the deceased.

Court. (To Butler.) Q. Upon your oath, did she pawn any of these things for the support of your wife? - A. No, my Lord, upon my oath, she wanted for nothing.

Mrs. Myness. The last article that was pledged was while the man was gone out with his wife's corpse.

Q. (To Mrs. Myness.) Was that defence set up before the Magistrate? - A. No, my Lord.

GUILTY . (Aged 35.)

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

Court. You have aggravated your crime exceedingly: in the first place, you were taken into the house of a poor man to nurse his wife and child; to take advantage of that, is such an offence, as calls loudly for punishment; and, therefore, be assured, that the highest punishment that the law can inflict upon you, I shall think it my duty to inflict.

Court. (To the Pawnbroker.) You know perfectly well, that, by Act of Parliament, you are bound to put upon your duplicates, not only the name, but place of abode of the person pledging things, for the purpose of detection; in no one instance, in all these duplicates, have you put down the name of the place of her abode; and you, yourself, knowing her name to be Yates, to receive them in the name of Cousins. Depend upon it, if you had been brought here for receiving stolen goods, I should have thought it my duty to leave it to the Jury, to consider whether you did not take these things into your house, knowing them to be stolen. Your's is a very useful business, when properly conducted.

Foreman of the Jury. My Lord, the Jury wish to return you thanks.

[Transportation. See summary.]

Reference Number: t17960113-35

92. JOHN WILLOUGHBY was indicted for feloniously stealing, on the 3d of December , two pecks of flour, value 7s. the property of William Giles and Edward Giles .

EDWARD GILES sworn.

I deal in corn and coals, and keep a wharf at Upper Clapton ; I live at Stoke-Newington: On the 3d of December, about eight o'clock in the morning, Mr. Grissiths, the beadle of Hackney, came to my house at Newington, and told me the watchman had stopped a man about half past five in the morning.

Court. What they told you we must not hear. - A. I went down to the wharf immediately, and went into one of the warehouses, and there were two sacks of flour untied, and appeared to have been robbed; I taxed Willoughby with it, he was in the warehouse at the time, and I told him there was a man stopped with the flour, as I had been informed, and I was fearful he might know something of the business; he denied it, and said, he did not know any thing about it; I told him to come to me, and we would go to the office; he did not come to soon as I was ready to go to the office, but he followed me; and after being examined, denied knowing any thing at all of it: the other man was examined first; that is all I know of it.

Cross-examined by Mr. Knapp. Q. Who is your partner? - A. My brother, in that business.

Q. How long has he been your partner? - A. Many years we have been concerned in the wharf together.

Q. But when was your partnership dissolved? - A. Never, in that business of the wharf.

Q. But of the flour? - A. He has as much to do with that as I have.

Q. Has he always had? - A. Upon the wharf business.

Q. How long have you been partners? - A. I cannot say how long; many years.

Q. You taxed the prisoner, thought another man was stopped with flour; you told him you were going to the office and desired him to follow, and he did follow you? - A. Yes.

Q. And denied that he knew any thing about it? - A. Yes.

Q. How long had the prisoner lived in your service? - A. Sixteen years, off and on: he was off about two months, I believe.

- GRIFFITHS sworn.

I am a constable of Hackney; On the 3d of December, David Williams , and Daniel Boxall , two of the watchmen, brought in a man of the name of Jones to me, about half after five in the morning, with a little quantity of flour.

Q. Do you, of your own knowledge, know any thing against the prisoner? - A. No.

DAVID WILLIAMS sworn.

I am a watchman of Hackney; I apprehended a man of the name of Jones, between five and six in the morning of the 3d of December, with a bag

of flour inclosed in an old sack: I asked him what he had got there?

Q. But do you know any thing against the prisoner? - A. No.

DANIEL BOXALL sworn.

I am a watchman; I assisted the other watchman in stopping Jones; he said he had got a little bran for the pigs.

Q. Do you know any thing about the prisoner? - A. No.

Cross-examined by Mr. Knapp. Q. Did he say where he got it from? - A. He said he had been in the country, and got it from a cart.

Q. And it turned out to be flour? - A. Yes.

WILLIAM GILES sworn.

I know nothing more of it than my brother does; we found some flour missing.

Q. The prisoner denied knowing any thing about the matter? - A. Yes.

THOMAS JONES sworn.

Q. You were stopped by the watchmen, were not you? - A. Yes.

Q. With a bag with flour in it? - A. Yes.

Q. Where did you get that flour? - A. I had it at a wharf.

Q. Did any body see you take it? - A. No.

Court. Gentlemen of the Jury; it is taking up the time of the Court to examine this man; I shall think it my duty to tell you, that a man taken up for felony is not a witness upon which you ought to convict any body, unless he was corroborated by others: before you can convict a man upon the evidence of an accomplice, there must be other circumstances from creditable witnesses, and such as you can give full credit to, to confirm his story; it serves frequently as the link of a chain when other circumstances are mentioned by witnesses; but here we have examined no less than five witnesses, and what do they say? the watchmen say, that between five and six in the morning, they met this fellow with property in his possession; the constable says, he was brought to him; the Giles's say, the prisoner lived sixteen years in their service; he denies knowing any thing of it; and, therefore, the whole of the evidence must rest upon this man, who is confessedly and avowedly a thief; and is the man who ought, if they can identify the property, to stand at that bar, for it was found upon him; and if he were to swear that that man took it, positively I should say, how can you believe such a man? I ought to tell you, that though you are bound to hear it, you are bound not to believe it.

Not GUILTY .

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

Court. (To the prisoner.) I am afraid there is too much reason to suspect you; I cannot believe these gentlemen would have brought you here, after sixteen years service, unless they believed you were a bad man; and though I cannot convict any man upon such evidence, standing here to do justice, it may happen that a good man may stand at that bar charged by a bad man; I trust, therefore, this will be a warning to you.

Mr. Knapp. In justice to the prisoner, my Lord, I ought to say, that I have upwards of twenty witnesses to call to his character for honesty: the whole Hamlet of Hackney have contributed to befriend him.

Reference Number: t17960113-36

93. ROBERT PIZZEY was indicted for feloniously stealing, on the 3d of December , four pewter pint pots, value 2s. the property of Lucy Keymer .

LUCY KEYMER sworn.

I keep a public-house , the sign of the Plough, at Homerton .

Q. How did you lose your pots? - A. I don't know.

Q. Are you sure you lost them? - A. Yes; I can only speak to the property.

WILLIAM PHILLIPS sworn.

I am a pewterer; I know of the making of these pots, and the selling of them; I made these four pots, and sold them to Mrs. Keymer, a month or two months ago; they were brought to my shop for sale by the prisoner, he deals in pots, he goes about hawking of pots upon strings, and sells them at public-houses; he buys of me sometimes.

Q. Was Mrs. Keymer's name upon them? - A. Yes, and the Plough; they were brought to me the 4th of December.

Q. Do you buy old pots? - A. Yes; a great many thousands.

I am sorry to hear it; for we hear so much of pots being stolen, and hear nothing of what becomes of them afterwards. - A. I changed with him for a dozen of new pint pots that he wanted; I have known him about five or six months only, to have any dealings with him; he came for a dozen of pint pots that he had bespoke of me, he offered me these four among other pots; I believe there might be about fourteen pounds; there was a dish or two that was owned before the Justice, among the pots, that all weighed the weight of my pots, and four of five ounces over.

Q. He had no money to pay you then? - A. Yes; the workmanship, which is a certain price, fixed in trade, we weigh in and we weigh out, and charge

4s. for the workmanship of a dozen pint pots; after he had weighed the metal, he was going away, and I took up one of those pots of Mrs. Keymer, and, says I, halloa, where did you get these from? Why, says he, they are old pots that I have collected; I wish you would not take any notice of it; they were good pots, but bruised a good deal; he said he had bought them of a customer; he would take care in future not to bring me any more of that kind, if I would look over it this time; I told him I would not for 100l. pass it over; I was a very intimate acquaintance of Mrs. Keymer; he went his way about his business, and I let Mrs. Keymar know on the Sunday what I have let you know, gentlemen, that I had got some of her pots, and to consult with her; I knew where he lived.

Q. What is he? - A. I don't know.

Prisoner. I am a pewterer by trade, my Lord.

Q. Is he a pewterer? - A. I believe, no more than your Worship is, there are many sham pewterers in the trade; Mrs. Keymer came to town, we took him before a Magistrate, and he was examined; there were some dishes found in his possession, and other pots he had to mend.

Cross-examined by Mr. Knapp. Q. Several persons attended about other pots? - A. Yes.

Q. Did not other publicans attend, and say he had bought pots of them fairly? - A. Yes; there were three or four.

Q. I believe they all said they had? - A. They all claimed their own pots that he had had to mend.

Q. Now about these pots of Mrs. Keymer; he came to you at what time of the day? - A. I think it was in the morning.

Q. Was it in open day-light? - A. Yes.

Q. Where do you live? - A. On Holywellmount.

Q. Where does Mrs. Keymer live? - A. She keeps the Plough, at Homerton.

Q. Where does he live? - A. Three or four miles from Homerton.

Q. How far is your house from Homerton? - A. As much.

Q. Did not he say he had them of a customer? - A. Yes; from Mr. Stevenson, who keeps the Woolpack, near Mrs. Keymer's.

Q. Is Mr. Stevenson here? - A. Yes.

Q. These pots had the mark of the Plough, and Mrs. Keymer's name upon it? - A. Three of them had, one of them was disfigured.

Q. He was not taken into custdoy, though this examination had taken place; you said you should take no notice of it, and he went home that day? - A. As far as I know.

Q. He was not taken up? - A. No.

Q. Was he not taken up by warrant and found at his own house? - A. Yes; on the Tuesday following.

Court. Q. Were the pots he had to mend for the publicans part of the pots he sold you? - A. No; part of the pots were found at his house.

MARGARET STEVENSON sworn.

I am a publican's wife, and keep the Woolpack, at Homerton; I know the prisoner, I have dealt with him, as a pewterer, these two years and better, I know nothing at all about these.

Q. You never saw them, perhaps? - A. I never saw them.

Cross-examined by Mr. Knapp. Q. You say you have dealt with this man as a pewterer two years? - A. Yes, and better.

Q. Your husband dealt with him at times? - A. No, Sir, nobody but myself.

Q. Did you ever deal with him for pots about this time; how long before this had you dealt with him for pots? - A. I cannot justly say.

Q. Dealing so much with him then, you don't know exactly? - A. I have bought a great many of him, and lost a great many, and that he knows, or else I should have had no occasion to buy so many.

Q. Do you recollect buying some-pots in a washhouse behind your house? - A. No.

Q. Do you recollect ever selling him any pots? - A. Never in my life.

Court. Q. Had you been used to sell him pots? - A. No, never; I have bought pots of him, and if I have had any not sit for use, I have changed with him.

- GRIFFITHS sworn.

I am an officer, these pots were delivered to me by Phillips.

Mr. Knapp. Q. Had you any conversation with the prisoner when he was apprehended? - A. Yes.

Court. You know that is not evidence.

Q. (To Philips.) Look at these pots? - A. These are the same.

Q. They are very goods pots? - A. Yes.

Q. They are bruised? - A. Yes.

Q. You could beat them out? - A. Yes.

Q. You would beat them out, if you had them? - A. No; I would sooner make new ones; three of them I know are Mrs. Keymer's, the other is disfigured, but it has my stamp in the bottom of it, and they are the pots that he brought to me.

Q. (To Mrs. Keymer.) Look at these pots? -These are my pots.

Q. Do you know the prisoner? - A. I cannot

say, but I believe I have seen him offering pots at my house.

Q. (To Mrs. Stevenson.) When did you see this man last at Hackney? - A. I cannot say, whether it is two or three months ago.

Mr. Knapp. Q. (To Keymer.) You did not miss your pots? - A. No.

Q. Did you know the man Stevenson we have been talking about? - A. I have seen him two or three times.

Q. I believe you suspected him? - A. No; I could not suspect him.

Prisoner's defence. I am innocent of the crime that I am here for; I am certain I had the pots of Mrs. Stevenson, she called me into the wash-house, and said she had three pints and one quart to change, and she told me to bend them, and I set my foot upon them.

Q. (To Mrs. Stevenson) Upon your oath, did you ever sell these pots? - A. No; he had three old pints of my own, and one quart.

The prisoner called John Holderness , a cabinet-maker; Frederick Bode , a clerk in the Post-office; George Wood , Robert Cleverly , his father-in-law; Richard Lee , a Drawer in the Goldsmith's Assay-office; and John Smith , a pewterer; who all gave him a good character.

Mr. Bode. My Lord, he can neither read nor write.

Prisoner. Mr. Stevenson came down to me, and said, you know it will not do for me to own to any thing of the kind; but I think you had better be out of the way a day or two, and tell Mrs. Keymer, you had them one from one house, and another from another; I said no, Mr. Stevenson, I cannot say any such thing, for you know I had them from your house.

- STEVENSON sworn.

I keep the Woolpack, at Hackney.

Q. How near is it to the Plough? - A. Not above three hundred yards, I should suppose.

Q. Do you know Mrs. Keymer? - A. Yes.

Q. Do you know the prisoner? - A. Yes; I have known him these three years, if not more.

Q. Have you had any dealings with him? - A. Yes; we have bought a great many pots of him.

Q. Have you sold him any? - A. No; my mistress has changed some pots with him, but I never did; when there were any pots that were cracked, or run, he used to take them with him.

Q. When did you see this man before he was taken up; how long before? - A. The day before; I was with Mrs. Keymer on Sunday, she sent for me, and I went to her, Mr. Philips was there; she asked me what was best to be done? and I told her she should take up the man; but when I came back, my wife was very angry; she said, she would lay under no such a scandal; I should go to London, and take him up: I did not know Where he lived, for he never put his place of abode to his bills and receipts.

Q. Did you ever see him write them? - A. I believe so, am not sure.

Q. Let us look at them? - A. I believe they are not his writing.

Mrs. Stevenson. They were always brought ready wrote.

Q. (To Mr. Stevenson.) What passed when you saw him on the Monday; how came you to go there? - A. Mrs. Keymer had told me and Mr. Phillips, that this man said, he had them from the Woolpack; and my wife was very angry, and said, we should lay under no such scandal; I came to London, and met with him in the Curtain-road; I said, what is this you have been saying to Mr. Phillips, concerning some pots; where did you get them? Why, says he, I cannot say,; I had some from your house, some from the Mermaid, and some from the White Horse; I cannot justly say where I got them; I told him he had better go down to Mrs. Keymer; Mrs. Keymer had told me, that he said he had given Mrs. Stevenson sixpence a piece for them.

Q. Had he any from you? - A. No.

Q. What did you say to him, in answer? - A. I told him he had better go down with me; he said, he could not come then, but he would come at night.

Q. (To Mrs. Stevenson.) Did you sell him any post about that time? - A. Not to my knowledge; it might be that time that he called at our house, that he had three pint post and one quart, the last time.

Q. Were they these pots? - A. No; they had my own mark upon them.

Jury. (To Phillips.) Did you engrave the name of Mrs. Keymer upon the pots you sold to Mrs. Keymer? - A. My son generally engraves them, or some of my people.

Jury. (To Mrs. Stevenson.) Can you read? - A. Yes. (Reads one of the prisoner's receipts)

GUILTY,

Of stealing goods to the value of 10d. (Aged 29.)

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

Court. Prisoner; the defence you have set up is false; which now I have a right to say, by the verdict of the jury; I shall take care to enquire into the character of this woman; the attempt to throw an imputation of felony upon a witness living in credit, who could have no motive for doing it, is such an aggravation, that I shall think it my duty to take particular notice of your case.

Mr. Common Sergeant afterwards informed the Jury, that he had made enquiry, and found she bore a very fair, respectable character.

[Imprisonment. See summary.]

[Fine. See summary.]

Reference Number: t17960113-37

94. JAMES WEST was indicted for feloniously stealing, on the 5th of January , a pair of silver shoe buckles, value 20s. the property of John Johnson .

JOHN JOHNSON sworn.

I live in the parish of Fulham; I am a brewer's servant : On the 3d of January, about half past two o'clock in the afternoon, the prisoner came into my master's yard, at Hammersmith .

Q. Who is your master? - A. Mr. Joseph Cromwell , a brewer; he then went into the kitchen and stole the buckles out of my shoes; they stood under the dresser; a young gentleman, that was at work just by, saw him take them, and called to me; I went after him, and took him; he pulled them out of his lest hand pocket and put them on the ground, as we were going to the Justices.(The buckles produced). These are my buckles.

WILLIAM MILWARD sworn.

I am a bricklayer: I was at work at Mr. Cromwell's house; I saw the prisoner come into the yard, and push the kitchen door open; I directly followed him; he would not be stopped by me; I called the prosecutor; he dropped the buckles, and he took him.

Prisoner's defence. My Lord, I was very drunk, I have not a friend in the world.

GUILTY , (Aged 44.)

Tried by the second Middlesex Jury, before Mr. COMMON SERGEANT.

[Imprisonment. See summary.]

[Fine. See summary.]

Reference Number: t17960113-38

95. WILLIAM WARBY and ANN WARBY were indicted for feloniously stealing, on the 1st of August , a printed cotton tester cloth for a bed, value 2s. and a cotton curtain, value 2s. the property of John Humphries , in a lodging-room .

MARY UNCLES sworn.

I live in Red Lion-street, Whitechapel: My husband is a shoemake r; we let lodgings; I let one room to the prisoner's wife, a year and seven months ago, to the best of my recollection, at the weekly rent of 3s. she has lately left her lodgings at different times; she sleeps at home now and then; he sleeps constantly at home; I suspected the prisoner.

Q. Did they regularly pay their lodging during that time? - A. Pretty well: on the 1st of January I went into the room, and found the bed furniture gone; I had her apprehended on the 2d.

Q. You had charged her with it as long ago as August last? - A. The things were pledged, I believe, at that time; I did not miss them till the 1st of January; I missed the furniture from the bed, a tea kettle; and other things; the sheets are lost, through being in pledge beyond the time.

Q. Were these things part of the things you left to her? - A. Yes; she was to have the use of them.

Q. When did you charge either her or him with this? - A. I have nothing to charge against him.

- CARTNEY sworn.

I am shopman to Mr. Warner, a pawnbroker, No. 14, White's Row, Spitalfields: I only produce the property that Ann Warby pledged with me in August, two curtains and a tester cloth; I am sure it was the prisoner.

Q. Are these the things? - A. Yes.

Q. Have you the sheets? - A. I looked, but could not find them, they were out of date.

WILLIAM HANSON sworn.

I am an officer: I searched the prisoner, Ann Warby, and found three duplicated upon her. (Produces them).

Q. (To Cartney). Do these duplicates answer to what are upon the things? - A. Yes.

Ann Warby's defence. My husband and I were in very great distress; we did not mean to make away with them; we did not leave the room, but meant to return the property again as soon as we could.

Q. (To Mary Uncles). Look at these things, and see if they are your's? - A. I have not the least doubt of it.

William Warby , NOT GUILTY .

Ann WarbY , GUILTY , (Aged 24.)

Tried by the second Middlesex Jury, before Mr. COMMON SERGEANT.

[Imprisonment. See summary.]

[Fine. See summary.]

Reference Number: t17960113-39

96. ANN COOPER was indicted for feloniously stealing, on the 8th of January , a quart pewter pot, value 18d. the property of Francis Day .

FRANCIS DAY sworn.

I am a publican : I keep the Three Tuns, at Kingsland ; I have lost a great many pots; the prisoner often frequents my house, and calls for a pennyworth of beer; the beadle, Mr. Griffths, brought this pot to me, with many others.

WILLIAM PURCELL sworn.

I keep the Mermaid, at Hackney; the prisoner came to my house on Wednesday the 8th of January, and had a pint of beer; as she was going out, a Jew man met me in the passage, and said,

that woman, I believe, has taken something that she should not, she whip'd something into her basket very quick; I said, I had nothing but pots, and I did not think she would take the pots, I had known her a great while; on Thursday she did not come; on Friday she came again; I stopped her, with several pots in her basket, and some under her arms, and others round her waist.

Q. Did you find any belonging to Mr. Day? - A. Yes; I gave it to Griffiths.

- GRIFFITHS sworn.

I am a constable of Hackney: This is Mr. Day's pot; it was given me in charge, with the prisoner, on the 8th of January.

Mr. Day. This is my pot.

Prisoner's defence. I have not a word to say in my own behalf; I was very much distressed, and am very sorry; I hope your Lordship, and the Jury, will be merciful to me.

GUILTY , (Aged 57.)

Tried by the second Middlesex Jury, before Mr. COMMON SERGEANT.

[Transportation. See summary.]

Reference Number: t17960113-40

97. THOMAS KEMP was indicted for that he, being a letter-carrier in the General Post-office , on the 8th of August , a certain letter containing two bank bills, one of the value of 180l. 6s. 9d. and the other of the value of 44l. 8s. 10d. directed to Messrs. Zornlin , Battier , and Co. came into his possession, for delivery to the said Messrs. Zornlin, Battier, and Co. in Devonshire-square, and the indictment further charged, that he having the said letter, did feloniously steal and take out of the said letter, the two said bills of exchange, the several sums of money secured thereon, being due and unsatisfied .

There were several other counts, varying the manner of charging.

(The indictment was opened by Mr. Russell).

Mr. Garrow. May it please your Lordship, and Gentlemen of the Jury. The case now submitted for your consideration is one of very considerable importance to the prisoner now arraigned before you, and also to the public; for as my learned friend has stated to you the offence imputed to him is a capital offence, made so by the wisdom of the legislature for the protection of the commercial intercourse of this country, through the medium of the General Post , which is so absolutely necessary to the existence of the commerce of this country, that every body must be aware, that unless some severe restrictions of the law should take place, in order to correct those who are employed in such a trust, where the most unlimited confidence is necessarily placed in them, unless the scar of punishment should deter them from abusing that confidence, the plunder of property conveyed by the General-post, would be beyond all calculation; all intercourse with the commerce of the country must be at an end; and the interest to the prisoner is the greatest that can possibly be at stake - it is a question of his life or death.

Gentlemen, I shall call your attention to some dates of the transaction, in evidence, from which we for the Crown, think it sir to ask your consideration-whether there can be any doubt of the guilt of the prisoner at the bar, if, in the result of the enquiry, you should entertain any rational doubts, you will be advised (and I am sure will readily adopt the advice), to give the prisoner the benefit of it; but if, on the other hand, they should form such a body of circumstantial proof, as that no reasonable man in the place, in which you are now assembled, or in any other, can entertain any rational doubt upon the subject; it is then your bounden duty, which I am sure you will discharge, though not with equal pleasure, it will be your duty to pronounce a verdict of guilty.

Gentlemen, in my statement to you, I shall dispose of some parts of the case, with that strictness, that the criminal jurisprudence of this country will call upon me to prove, because I undertake, with respect to them, to give the most ample satisfaction.

Gentlemen, I shall shew that the prisoner was a letter-carrier, as alledged in the indictment, in the employ of the General-post-office; I shall shew you that the letter, in question, was put in the post at Liverpool, on the 6th of August; and that, in the course of business, it arrived safe at the General-post-office, on the 8th of that month; you will have the goodness to bear in your mind that most important day the 8th of August.

Gentlemen, I shall shew you that the two bills in question, constituting only a small part of the remittance, which that letter made, were paid by the houses to whom they were addressed for payment upon that very day. It will be material for you to recollect, that I am not able to give you, in evidence, any account of the whole of this remittance, and it is extremely important; you will find the letter contained bills to the amount of upwards of 500l. - 530l. and a fraction; we have been able only to account for one bill of 44l. and another of 180l. both payable upon this 8th of August, the very day the letter arrived in London; the other bills were of later dates; therefore you will perhaps think that if they fell into improper hands, it was not improbable that that should have happened, which did happen, precautions being taken for stopping the payment, and arresting them in their progress, that they never came to hand; those, which we have been able to trace, were payable the very day of their arrival; and therefore it was extremely natural that they should have had the fate which these two bills had, namely, that they were upon that day paid.

Gentlemen, I shall not be able to prove clearly to whom these bills were paid; they were paid by bankers, clerks, who, in the great multiplicity of their business, cannot identify the persons to whom they pay every bill that is paid at their house; but the manner in which they paid them is important; for it will appear that each time the party receiving it was desired to write his name, and in each of the instances, the name of a nonentity

is written by somebody; from thence I suppose you will not think it harsh to infer, that the party who received each of these bills, was conscious he had no title to the cash he was receiving; that he had not acquired it in the fair course of business, and that there was a something that he thought sit to conceal; in each of these instances, the party receiving it, was called upon to give in his place of abode; I shall prove to you, that in each of the instances, though the name was different, and the place of abode different, they were both equally false; but it may be said, was this the prisoner at the bar? - Why, not from any evidence that I shall produce by those who made the payment; but I think I shall put it beyond all doubt, that it was the prisoner at the bar, or somebody employed by him, for I shall shew you that one of these bills was paid amongst others, by a bank note of 50l.; that bank note of 50l. I shall trace beyond all question or doubt into the possession of the prisoner at the bar. I shall shew to you, that another of these bills was paid amongst other valuable property, by a bank note of 40l.; I shall prove to you with equal certainty, beyond all doubt and question, that that 40l. bank note came into the possession of the prisoner at the bar.

Gentlemen, I have now then shewn you, that of the produce of this remittance, which never came to the hands of the person to whom it was addressed, which came in the course of the duty of the prisoner at the bar, into his hands for delivery, that 90l. and that not an entire 90l. but compounded of two sums of 50l. and 40l. came through different mediums into the hands of the prisoner at the bar; it will be for him to shew that consistently, with all fair dealing, he came honestly by these notes; this prosecution calls upon him to shew that he did so, God send he may be able to do it; but it is my duty, in stating this case to you, to tell you what he has already said upon that subject; I suppose, that it is not unfit for me to ask you, whether your own knowledge of the world and its transactions has not taught you, that persons who receive bank notes, particularly those, who are not in the daily habit of receiving a great many, and who receive them to the amount of 40l. or 50l. at a time, generally make a memorandum, either upon the note, or in some book of the person from whom they receive it; and then they trace it back, and are able to give a satisfactory account of how they came by it. I hope to God you will have such a satisfactory account. The prisoner was a letter carrier, a young man of no trade, with no independent property, and from a salary, from whence all his means are to be derived of 14s a week; it will be material for him to shew how so recently, after these bills were lost, he had the misfortune to have this dangerous property come into his hand.

Gentlemen, after these notes were traced, the prisoner was questioned as to one of them, the enquiry went no farther than as to one; he was asked, where he had received the 40l. note which he had got cash for, from a person who will be called to you as a witness; he said he had received it on board a ship; this was very easy of proof: upon being asked on board what ship, and in what transaction, he then said he had found it, was very much confused, and unable to answer any further questions; upon which the humanity of the gentleman, whose duty it was to make the enquiry, led him to desist from asking any further questions, and I am sure no man is more humane, or conducts himself with greater propriety; indeed, I am afraid you will think, that he had arrived at that satisfaction, which alone could be expected from any such enquiry; I am afraid it was the conclusion, that you must, by your verdict, draw, unless this unhappy man can give you some better account of the way in which he came by this property.

Gentlemen, to recapitulate the circumstances of the case, they are shortly these. The letter is put into the post at Liverpool, arrives in its regular course at the General Post-office, does not come into the hands of the persons to whom it was directed, and to whom it should have been conveyed by the prisoner, who had it for delivery, the property is found in bank notes, and traced into his possession. The solemn and important question you have to ask yourselves is, can you doubt that in some unfortunate moment he was tempted to deviate from the line of his duty? If you come to that conclusion you will find him guilty, if not you will acquit him.(The witnesses were examined apart at the request of the prisoner).

WILLIAM POWNALL sworn.

Examined by Mr. Russell. Q. Where did you live in August last? - A. At Liverpool.

Q. Did you send from thence any letter addressed to Messrs. Battier, Zornlin, and Co. in London? - A. I did, on the 6th of August last; I might, perhaps, put in the word Merchants; sometimes I do, and sometime Io not.

Q. Did you enclose, in that letter, any bills of exchange? - A. I did; four.

Q. Look at these two bills, and tell me if they are two of the four? - A. Yes, they are.

Q. When you had put the bills into the letter, did you, or any body else, seal it? - A. I sealed it myself.

Q. When you had sealed it, to whom did you deliver it? - A. To Samuel Catterall , a young man, formerly my clerk; he had left me about a fortnight; he happened to come in at the time, I desired him to give it to one of my clerks, they had left the office for that day; he gave it to one of them, whose name is John Whittle.

Q. Did you give any directions about the payment of the postage? - A. I gave directions for the payment of the postage; it was likewise marked upon the letter post paid.

SAMUEL CATTERALL sworn.

Examined by Mr. Garrow. Q. Are you in the service of Mr. Pownall? - A. No; I am not.

Q. Do you remember receiving, from him, any letter upon the 6th of August, to carry to the post-office at Liverpool? - A. I do.

Q. To whom did you deliver it? - A. To John Whittle, who is now his clerk; after I had re

ceived it from Mr. Pownall, I delivered it to John Whittle , to carry it to the post-office.

JOHN WHITTLE sworn.

Examined by Mr. Garrow. Q. Do you recollect, upon the 6th of August, receiving a letter from the last witness? - A. I do; I took it to the post-office.

Q. What time in the evening was it? - A. It was dusk; I suppose it might be about eight o'clock in the evening; I delivered it to Mr. Walmsley, at the post-office window, and paid him the postage.

Q. You did not put it in as ordinary letters are, but paid the postage? - A. I put it in at the window, with two shillings, one of them was a bad one; and I was obliged to return again for another shilling.

Q. Had Catterall given any particular directions to take care of the letter? - A. Yes.

Q. Did you communicate that to Mr. Walmsley? - A. No.

Q. Are you sure it was the same letter that Catterall gave you, that you gave to Walmsley? - A. Yes.

Jury. Q. You did not leave the letter at the post-office? - A. No; I took it with me, and brought it a second time.

Mr. Knowlys. Q. Are you sure you took the letter back? - A. Yes, I am.

Mr. Garrow. Q. You delivered it in the same state that you received it from Catterall. - A. Yes.

JOSHUA WALMSLEY sworn.

Examined by Mr. Fielding. Q. You are a clerk in the post-office at Liverpool? - A. Yes.

Q. Do you remember, on Thursday evening, the 6th of August, Whittle coming to the post-office with any letter? - A. I don't remember the day of the month; but I remember his coming with a letter, directed for London; he gave in a letter, with two shillings; I perceived one of them to be a bad one, and returned it to him; he told me it could not be a bad one, it had a hole in it; I immediately told him I would not take it; he asked me for trust; I told him I would not trust him, I gave him back the letter, and he returned in the course of a quarter of an hour with half-a-crown, and said, Would that do? I took the half-crown, put the letter to a table to be marked as usual, and returned him one shilling, without any reply.

Q. Was that letter put into the mail in the regular progress of business? - A. Yes.

Q. What is the next stage, in the course of your business, after you have put the letters into their proper place.? - A. The course of my business is, to make up all the bags, except the London ones.

Court. Q. Where did you place this letter? - A. To the left of the clerk of the office, whose name is Henry Mercer, he makes up the London bags.

HENRY MERCER sworn.

Examined by Mr. Fielding. Q. You are a clerk in the post-office at Liverpool? - A. I am.

Q. Do you remember making up a bag of letters for London on the 6th of August? - A. I do.

Q. It was regularly made up and dispatched by you? - A. Yes; it was, in the usual way, given to the guard of the mail coach as usual.

Q. When would those letters have arrived in town? - A. On the second day after.

Cross-examined by Mr. Raine. Q. You know nothing of any particular letter? - A. Not that I can swear to particularly; but I can remember, in the course of conversation, that particular letter; and if I saw the cover, I think I could swear to it.

Q. You cannot be supposed to have a recollection of any particular letter? - A. No.

Mr. Garrow. Q. These conversations you have had since, have brought to your recollection that you had some such letter? - A. Yes.

Jury. Q. Do you conceive that particular letter to have had written upon it, post paid? - A. I think I wrote post paid upon it.

Court. Q. Have you a particular recollection of that? - A. Not so as to be able to swear to it.

JOSEPH RUDDOCK sworn.

Examined by Mr. Garrow. Q. What are you? - A. Clerk in the inland department of the General Post-Office in Lombard-street.

Q. In the regular course, when should the mail, which left Liverpool on Thursday the 6th of August, reach London? - A. On Saturday the 8th.

Q. And its contents be distributed round the town that morning? - A. Yes; in regular course from Liverpool? - A. The Liverpool bag arrived, and I opened it that morning.

Q. You mean that it arrived safe? - A. Yes; in the usual course.

JOHN JACOB ZORNLIN sworn.

Examined by Mr. Garrow. Q. Give us the names of the partners in your house on the 8th of August? - A. John Ralph Battier, and John Jacob Zornlin , myself.

Q. Did you ever receive a letter addressed to your house from Liverpool, dated the 6th of August, which would have arrived of course on the 8th? - A. I did not.

Q. If such letter was addressed to you with re

mittances, did you ever receive any of the remittances it contained? - A. We did not.

Q. I believe you have since found certain bank notes at the Bank of England? - A. Yes.

Q. In consequence of which, you gave some information to the Solicitor of the Post-office? - A. I did.

Q. Your house of business is in Devonshire-square? - A. It is.

Q. Do you know the prisoner? - A. Yes; I have known him, it might be six or nine months, I cannot say particularly.

Q. Was he the letter-carrier of your district? - A. He was.

Cross-examined by Mr. Knowlys. Q. I take it for granted, the letters that come to your house are not immediately delivered to your hands, but come through the medium of some of your clerks? - A. Yes.

Q. They are not in general delivered into your hands? - A. No.

Q. All that you know is, that no such letter came into your hands? - A. I positively swear that letter never came into my hands.

Mr. Garrow. Q. Nor any remittance from that house? - A. No.

Q. Who opens your letters? - A. Either Mr. Battier or myself, nobody else.

JOHN SPARK sworn.

Examined by Mr. Garrow. Q. Upon the 8th of August, were you Inspector of letter-carriers at the General Post-office? - A. Yes.

Q. Upon that 8th of August, was the prisoner employed as a letter-carrier? - A. He was.

Q. Was it his duty, in the course of office, to receive the letters at the Post-office, and deliver them in that district in which Devonshire-square is? - A. It was.

Q. How long had this young man been in the office? - A. Between two and three years, I believe.

Q. What is his income in the office? - A. About fourteen shillings a week.

Q. As far as you know, had he any other income than that derived from the Post-office? - A. Not that I know of.

Cross-examined by Mr. Raine. Q. Had the prisoner any other employment? - A. Not any in the office.

Q. Because it sometimes happens, that one person in your office shall fill more than one department? - A. It is the case.

Q. Do you recollect whether he had any other employment at this time? - A. I cannot say; he might be employed as a messenger in the Inland department; but at that time, I don't recollect that he was; it is a separate office to where we are.

Q. Recollect yourself, whether the prisoner had at that time any other office? - A. He might, and I not know it; I cannot say.

DANIEL JONES sworn.

Examined by Mr. Garrow Q. You are a banker? - A. Yes, in Lothbury.

Q. State to us the names of your house, as they stood on the 8th of August? - A. Jones, Parker, Lloyd, and Company.

Q. The name, Samuel Jones, subscribed there whose writing is it? (Shewing him a bill of exchange). - A. It is my brother's writing.

Q. Did you pay that bill? - A. I did, on the 8th of August; it came due that day.

Q. Look at that cancelled bank note in your hand; does it correspond with that which you paid? - A. Yes; in number, date, and value, with that which I paid in part of the bill of exchange.

Q. Was that the whole sum? - A. No; the whole was 180l. this is for 50l.

Q. Have you any recollection of the person who presented the bill of exchange? - A. I have not any.

Q. Did the person, who received the payment, write any thing upon the back of it? - A. Yes; his name and receipt.

Q. What name? - A. Philip Jackson.

Q. That the person receiving it wrote as his name? - A. Yes; I asked him where he lived; he said, No. 12, Castle-street, Oxford-market; which I wrote upon the bill at the time.

GEORGE FREDERICK WASSELL sworn.

Examined by Mr. Garrow. Q. You are clerk to Messrs. Wood and Fossick? - A. Yes.

Q. Cheesemongers in Bishopsgate-street? - A. Yes.

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

Q. Did you at any time give him change for a 50l. bank note? - A. Yes.

Q. When was it that he applied to you for it? - A. On Monday the 12th of October.

Q. What did he say to you at the time he applied? - A. He said he was going to buy, or pay for a bookcase, or a chest of drawers, I don't recollect exactly which.

Q. Who are your masters' bankers? - A. Williams, Son, and Drury.

Q. Was that bank note you received of the prisoner paid into your masters' bankers' hands? - A. I cannot say; I put it into the drawer where the bank notes are always kept.

Cross-examined by Mr. Knowlys. Q. It was on the 12th of October you gave change for it? - A. Yes.

Q. You took no notice of the note, except that it was a 50l. bank note? - A. No more.

Q. Your master has access to that drawer as well as yourself? - A. Certainly.

Q. You know no more than that you put it in the drawer, and did not take it out yourself? - A. No, I did not.

Court. Q. What is the date of the bill of exchange?

Mr. Garrow. The 3d of August.

SAMUEL JONES sworn.

Examined by Mr. Garrow. Q. You are another of the clerks of Messrs. Wood and Fossick? - A. Yes.

Q. (The bank note shewn him). Did you pay that note into the hands of your masters' banker? - A. I cannot say that it was this; I paid one 50l. note, and only that one.

Q. Between the 12th and 14th of October, had there been any payment to your house? - A. No; there had not.

Q. As far as you know of the transactions of your house, had there been any other bank note of 50l. received between the 12th and 14th? - A. No.

Cross-examined by Mr. Raine. Q. You have no recollection of the note? - A. No.

Q. Did you see every note that was paid in the course of those two days, and put into your drawer? - A. I cannot swear that, because I am sometimes absent at dinner; but our book would shew there was no money paid.

Q. I ask you, to your own knowledge, you did not receive any note yourself? - A. No; there was only a 50l. and a 10l. bank note; there had been no money paid into Williams's, from the Monday.

Jury. Was it not customary, at your house, to make memorandums upon bank notes, or to make any particular marks, by which you might trace them? - A. We were in the habit of taking a vast number of small notes; we never did do it.

Q. (Mr. Garrow to Wossell). From the 12th, when you received the 50l. bank note from the prisoner, to the 14th, when it was paid into the banker's, had you received any other note of 50l.? - A. No.

Q. As far as you know, either from your acquaintance with the transactions of the house, or resorting to the drawer, where the the notes were kept, was the house possessed of any other 50l. bank note, as far as you know? - A. NO.

Mr. Knowlys. Q. Your master attends to the business himself? - A. Yes.

Q. Therefore, what money transactions, or transactions in the note way, he had, you cannot undertake to say? - A. Certainly not.

GEORGE BISHOP sworn.

Examined by Mr. Garrow. Q. You are clerk in the house of Messrs. Williams and Company? - A. I am.

Q. Turn to the book, and tell us whether, on the 14th of October, the house of Wood and Fossick paid to your house a bank note of 50l.? - A. Yes; No. 3343, the 3d of August.

Court. What year? - A. We never insert the year in our books.

Mr. Garrow. Q. Was there any other bank note of that value paid in at that time? - A. No; there was a 10l. note paid in with it.

Q. What did you do with that 50l. note? - A. It was paid to a bank clerk, by Charles Medley .

Cross-examined by Mr. Knowlys. Q. I don't know whether you know enough of bank notes to know that these may be in different years, notes of the same number, and the same value? - A. I cannot say.

Court. Q. Can you or not say, that it is the practice of the Bank, to issue notes in different years, of the same number and sum? - A. I believe it is.

Mr. Garrow. Q. Suppose, for instance, the Bank to have issued a note No. 1, in 1794, do you suppose they would issue another of the same number in 1795? - A. I believe so.

Q. Do you know how many millions of bank notes they issue in a year? - A. No.

Q. Then you cannot say how many millions it is to one against it? - A. No.

CHARLES MEDLEY sworn.

Examined by Mr. Garrow. Q. You are a clerk in the house of Williams and Company? - A. Yes.

Q. Whether you paid to Mr. Taylor, one of the out clerks of the Bank of England, on the 15th of October, any 50l. note? - A. I paid a bank note of 50l. No. 3343, the 3d of August; I have not taken the year, in part of a discharge of a draft drawn by Joseph Atfield , for 695l. 16s.

Q. Who did you pay it to? - A. I cannot say.

WILLIAM TAYLOR sworn.

Examined by Mr. Garrow. Q. Are you one of the out clerks of the Bank of England? - A. Yes.

Q. On the 15th of October did you receive a 50l. bank note from Mr. Medley, from the house of Williams and Company? - A. Yes.

Q. In discharge of what? - A. In discharge of a draft of 695l. 16s. drawn by a Mr. Atfield.

Q. Cast your eye upon that bank note? - A. This is the note that I received at Williams's; I know it by my own mark upon it.

Court. Q. Are you at all acquainted with the manner of issuing notes at the Bank of England,

how they number them, and that sort of thing? - A. Not exactly.

Cross-examined by Mr. Knowlys. Q. You received that note at Williams's? - A. Yes.

Q. Do you mean to pledge yourself that you received it from Mr. Medley? - A. I cannot say.

Q. Do you mean to say it was in payment of that draft, and no other? - A. On that day I received some 50l. notes at Williams's; I cannot swear of my own knowledge, that I received those notes on that day, but from the Bank books.

Q. Not from your own recollection? - A. No.

Q. Were they entered by somebody else? - A. Yes.

Mr. Garrow. Q. Open your book again; is that book your writing? - A. Yes.

Q. Was it an entry of the same transaction in which yourself was concerned? - A. No doubt of it.

Q. How does it appear by your own entry, in your own hand writing, that Atfield's draft was paid by you? - A. I received so many 10l. so many 40l. and so many 50l. notes, and so on; but I have not the dates; I collected the date from the bank books.

Q. (To Medley). Look at that bank note: do you know, that whoever received Atfield's draft received that as part of it? - A. I know that I paid a note of this number, and this date, that day.

Mr. Knowlys. Q. In that book you are looking at, is the entry in your own hand writing? - A. It is.

Court. Q. That 50l. it appears, by your own book, was paid in part discharge of Atfield's draft? - A. Yes.

Mr. Knowlys Q. You only know that you paid a bank note of the sum of 50l. and bearing date the 3d of August, but don't know in what year? - A. I did not enter the year in the book.

Q. Therefore you cannot tell what year it was? - A. No; I cannot.

Q. I don't know whether you know that the same numbers and the same value occur in bank notes of the same date, in different years? - A. They may, but I believe they are not out both at the same time.

Mr. Garrow. Q. Since the world began such a thing might have happened once, but it is about a million million against it. My Lord, I am now going upon to the other bill.

CHARLES SHEPHERD sworn.

Examined by Mr. Garrow. Are you clerk to Messrs. Stevens and Company, bankers, in London? - A. Yes.

Q. Look at this Liverpool bank note; and tell us if you paid that? - A. Yes; I did.

Q. Upon what day does it fall due? - A. Sunday the 9th of August, payable upon the 8th.

Q. Was it in fact paid upon the 8th? - A. It was.

Q. Be so good as look at that cancelled bank note of 40l.; did that form a part of the payment of the Liverpool bank bill? - A. Yes; it corresponds with the number of the note, and the day of the month; the day of the year is not here.

Q. What is the number? - A. 460, dated 31st of July.

Q. You have not got the year? - A. No.

Q. Did the person who received it write any thing upon the bill? - A. I don't recollect.

Q. How do you know you made the payment? - A. By the book.

Q. Turn to it; is that your own entry, in your own hand writing? - A. Yes; I made the payment of it on the 8th of August, by a bank note, No. 460, 31st of July, and the rest in money.

Q. When such bills are paid, is it the constant course of business to have a receipt from the person receiving it? - A. Yes.

Q. Look at the book: does it appear that the same course is taken there? - A. Yes; it is the name of Thomas Thompson.

Q. I take it for granted, you have no memory of the person? - A. No; it says, Thomas Thompson, No. 12, Oxford-road.

Cross-examined by Mr. Raine. Q. You have not entered the year of that bank note? - A. No.

Q. You never do? - A. No.

Q. So that you don't know any thing about what year it was? - A. No.

Mr. Garrow. Q. Then you know as much of that as of any that ever passes through your hands? - A. Yes.

GEORGE ROBERTS sworn.

Examined by Mr. Garrow. Q. Are you a clerk in the house of Dimsdale and Company, bankers? - A. I am.

Q. See if you have an entry of the receipt of a bank note of 40l. upon the 9th of December? - A. Yes;(reads) 40l. No. 460, dated 31st July.

Q. I suppose you have taken no year neither? - A. No.

Q. You never do, I suppose? - A. Never.

Q. It is the usual entry that you make, upon such receipts? - A. Yes.

Q. For what did you receive that? - A. For a bill of 50l. of Mr. Symes.

Q. Look at that bank note, and see if there is any thing in your own hand writing upon it? - A. Yes.

Q. What does it import? - A. That it was received of Mr. Symes.

Q. And that corresponds with your own entry in your own book? - A. Yes.

Cross-examined by Mr. Raine. Q. Might not this bank note have been 1791, 1792, 1793, 1794, or any other year, for any thing you know? - A. It might.

JOHN SYMES sworn.

Examined by Mr. Garrow. Q. Have you paid any bank note of 40l. to the house of Dimsdale and Company? - A. Yes.

Q. From whom did you receive it? - A. I received it from Mr. Wood, at the house of Wood and Fossick, in Bishopsgate-street; I don't remember the particulars of the note, I took it to the Bank immediately, I paid it in discharge of a drast that lay at Dimsdale's.

Q. You received it of Mr. Benjamin Wood, jun.? - A. Yes.

BENJAMIN WOOD sworn.

Examined by Mr. Garrow. Q. You are in the house of Messrs. Wood and Fossick? - A. Yes.

Q. Did you pay to Mr. Symes, on the 9th of December, a bank note of 40l.? - A. Yes.

JAMES ANDREWS sworn.

Examined by Mr. Garrow. Q. You are shopman to Messrs. Wood and Fossick? - A. Yes.

Q. Did you ever change a 40l. note for the prisoner? - A. Yes.

Q. How long might it have been before application was made to you from the Post-office? - A. I don't know of any application from the Post-office.

Q. How long might it have been before his examination at Bow-street that you changed a 40l. note for him? - A. Four or five weeks, it was on a Wednesday.

Q. What passed between you and the prisoner at the time? - A. He asked it as a favour.

Q. Did you do it out of money belonging to the house? - A. Yes.

Q. Then of course it came into the cash of the house? - A. Yes.

Q. You don't know any thing of the particulars of the note? - A. No.

Q. Had he any dealings at your house? - A. No; he had asked me, as a favour, to do it the day before; I told him yes, and I gave him cash for it the next morning.

Q. You think it was on a Wednesday, four or five weeks before he was examined? - A. I believe it was.

Q. You are not very precise as to time? - A. I cannot say that I am.

Cross-examined by Mr. Knowlys. Q. You don't mean to say you recollect the note itself? - A. No; only that it was a 40l. note.

Q. You know nothing of the number or date? - A. No.

Q. This man was well known at your house? - A. By attending with letters.

Q. Did you know his person very well? - A. Yes.

Q. He did this openly and publicly, there was no concealment at all? - A. No.

Q. Just the same as if you had changed a bank note yourself? - A. Yes; just the same.

Q. You are large dealers, and receive large sums? - A. Yes.

Mr. Fielding. Q. You know him as carrier of letters only? - A. Yes.

ANTHONY PARKIN sworn.

Examined by Mr. Fielding. Q. You are Solicitor to the Post-office? - A. Yes.

Q. Tell my Lord and the Jury all you did in consequence of the information you received from Mr. Battier? - A. In consequence of Mr. Battier's disappointment in not receiving some bills, measures were taken to stop payment at the Bank, of certain bank notes which had been received for those bills that were lost by him; we stopped them at the Bank; the 40l. appeared first at the Bank before the 50l. one; that bank note was traced through several hands to the house of Wood and Fossick, in Bishopsgate-street, there we could not get certain information where they received it; they said, they apprehended they had received it from a Captain Evans, who had paid them bank notes; he was gone to Liverpool; he was written to respecting them, and he gave an account of what bankers he had received notes from, but we could not trace it, till a 50l. note which had been received for another of the bills appeared at the Bank; that bank note was traced through various hands, to Williams and Company, the bankers in Birchin-lane, and from thence to the house of Wood and Fossick; and upon enquiry there, it was found, that on the 12th, two days before the prisoner at the bar had paid them the 50l. note; in consequence of that I went to the Post-office on the evening of the 15th, at the time that the prisoner was to come to the office with his letters, after ringing his bell, and I spoke to the officer attending, that when he came, I might see him; he sent him to me, I told him there was a 40l. note that had been traced to his hands, he having negociated it at the house of Wood and Fossick, and it became necessary therefore for me to enquire where he received it; he said, he received it on board a ship; I enquired where, and under what circumstances he received it; he then said he found it, he desired to have a chair to sit down, and he said he was so confused he did not

know what he said; I then said I should not ask him any further questions, he was that evening taken to the Public-office, in Bow-street.

Q. In consequence of part of the intelligence derived from all your enquiries, and finding that there was an indorsement upon the back of the different bills of exchange, directing to a certain house where to find the person receiving the amount of those bills, did you make any enquiry in the places so described? - A. Upon the bill for 180l. 6s. 9d. there appeared a direction, Philip Jackson, No.12, Castle-street, Oxford-market.

Q. Did you apply there? - A. There are two Castle-streets, Oxford-market; there is No. 12, in each of these two streets; I enquired in both, and no such person was there to be found. Upon the bill of exchange for 44l. 8s. 10d. there appears a direction, Thomas Thompson , No. 12, Oxford-street; I enquired at No. 12, Oxford-street, but could not find that any such person as Thomas Thompson lived there.

Cross-examined by Mr. Raine. Q. Upon enquiry at Wood and Fossick's, the first probable account you received was, that it was paid to them by Capt. Evans, of Liverpool? - A. Yes.

Q. He referred you to several bankers that he had had dealings with? - A. Yes; but I could not trace it.

Q. But their idea was, that they had received it from Capt Evans? - A. Yes; there was nothing laid to the prisoner, respecting this 40l. note, till after the negociation of the 50l. because it was not known in the counting house of Messrs. Wood that their shopman, Andrews, had given change to the prisoner for the 40l. till after the circumstance was known of giving him change for the 50l. note.

Q. At the time when you had this conversation with the prisoner, I suppose, upon finding that an accusation was likely to be preferred against him, he was naturally a good deal agitated and alarmed? - A. Yes.

Q. He was under considerable alarm that the circumstance might bereave him of his situation in the Post-office? - A. Yes.

Q. He said he found himself confused? - A. Yes.

Q. And you asked him no more questions? - A. No.

ROBERT CHESSEY sworn.

Examined by Mr. Garrow. Q. What are you? - A. A broker, in Houndsditch.

Q. Were you applied to, on the 10th of October, by the prisoner, to purchase any thing of you in your way of business? - A. Yes; he applied to me to purchase a mahogany book-case.

Court. Q. When was this? - A. I cannot say exactly; I did not take any notice of it.

Mr. Garrow. Q. You can tell, when you see your own bill of parcels, perhaps? - A. Yes, that will determine it.

Q. In what way did he propose to pay for it? - A. He wanted change for a bank-note of 50l.; I told him I could not change it; therefore I did not see the bank note, nor had any thing to do with it; he got change for me, and I let him have the bookcase.

Q. Look at the bill (shewing him a bill of a bookcase and a pembroke table). - A. These are what I furnished him with; it is dated the 12th of October.

Cross-examined by Mr. Raine. Q. He purchased it before-hand, you say? - A. Yes.

Q. Was he acquainted with you any length of time? - A. No further than bringing letters to me.

Mr. Garrow. Q. You knew him as a letter carrier? - A. Yes.

Mr. Garrow. My Lord, I am now going to prove the allegation, that the bills were unsatisfied.

LEWIS LLOYD sworn.

Examined by Mr. Garrow. Q. What are you? - A. A banker.

Q. Are you connected with the house of Mills and Brinsley? - A. They keep cash with my partners at Manchester.

Court. Q. Whose house do you belong to? - A. Mr. Jones's house.

Q. Look at that indorsement of Richard Mills and John Brinsley , whose indorsement is that? - A. It is written by Mr. Brinsley; I think his Christian name is John, I am not sure.

Court. Q. Which bill is this?

Mr. Garrow. This is the bill of 180l. 6s. 9d.

Mr. Knowlys. Q. You don't correctly know that Mr. Brinsley's name is John? - A. No.

Mr. Garrow. Q. Do you believe it? - A. Yes; I have no doubt of it.

Q. You did not see the register of his baptism, I suppose? - A. No.

Q. You never saw John Brinsley written by himself? - A. No.

THOMAS WILKINSON sworn.

Examined by Mr. Garrow. (Mr. Garrow. I am now going to the 40l. bill.) Q. You are clerk to Dennison, and Company? - A. Yes.

Q. Is that the hand-writing of Benjamin Haywood, junior? - A. Yes, it is.

Mr. Garrow. (To Pownall.) Q. There is an indorsement of Thomas Morse upon that bill, I believe, of 44l. 8s. 10d. do you see your own indorsement there? - A. Yes.

Q. Do you know the hand-writing of Mr. Morse

upon that bill of 180l. 6s. 9d. - A. Yes; it is his hand-writing.

THOMAS BOWMAN sworn.

Examined by Mr. Garrow. Q. You are of Warrington? - A. Yes.

Q. Do you see any indorsement of Thomas Simpson upon that bill of 44l. 8s. 10d.? - A. Yes.

Q. It is likewife indorsed by you? - A. Yes.

Q. Is it your writing? - A. Yes.

Cross-examined by Mr. Raine. Q. Did you ever see Mr. Simpson write? - A. Yes.

Mr. Knowlys. (To Mr. Spark.) Q. You knew the prisoner in the office? - A. Yes.

Q. Is there not, in the office, a great number of persons employed in sorting of letters when they are first taken out of the mail, when they first come into the office? - A. There are.

Q. It goes through a considerable number of hands; sorters? - A. Yes.

Q. Previous to its coming into the hands of the letter-carriers? - A. Yes; through a great many hands.

Prisoner. I wish Mr. Spark to explain to the Court the situation I was in; it is a post paid letter, there is a deal of difference between telling the charges, it is a different department to those that are post paid.

Mr. Knowlys. Q. The prisoner was employed as a teller of charges, was he not? - A. Yes.

Q. Was he not so employed on that day? - A. I cannot recollect.

Prisoner. There are three persons in that division that always tell the charges, and I was always one.

Mr. Knowlys. Is that so? - A. It is so; but I cannot say whether it was so that day or not.

Q. You said he was generally employed in that way? - A. Very frequently, I have seen him there.

Q. In his situation as charging letters, of course, the post paid letters do not come to him? - A. The post paid letters should come to him to be delivered in his district; but, if he had been employed in charging of letters that day, it is probable he would not have received that letter till the latter part of the morning: he was more in the habit of telling out the charges, than in sorting the paid letters.

Q. This in question was a post paid letter? - A. So I understand.

Q. I don't know whether you can tell, as a fact, whether a person of the name of Rumbold did not take the paid letters that day? - A. I cannot say.

Court. Q. It might come into his hands as a carrier at last? - A. Yes. (The Bills of Exchange read).

For the Prisoner.

GEORGE HOBSON sworn.

I am a publican in the Strand; I have known the prisoner between three and four years, he is an upright honest character, as I always understood.

WILLIAM FARRER sworn.

I am a beadle of St. Ann's parish; I have known the prisoner from his infancy to be a very upright character.

THOMAS NUGENT sworn.

I am a shoe-maker in Leather-lane; I keep a house; I have known the prisoner fifteen years, he always bore an exceeding good character, I never heard a word against him till this affair.

JAMES CLARKE sworn.

I am a brazier in Hounsditch; I have known the prisoner upwards of four years, and always believed him to be an honest man.

EDWARD SAVAGE sworn.

I am a cheesemonger in Hounsditch; I have known the prisoner, as a letter-carrier, it may be nine months, he is a very honest man, and very punctual; he never over-charged me any thing in the letters.

GUILTY , Death . (Aged 20.)(The Prisoner was recommended, by the Jury, to mercy, on account of his youth, and being his first offence).

Tried by the London Jury, before The LORD CHIEF BARON.

Reference Number: t17960113-41

98. JOHN GRAHAM , GEORGE HOOKER , and JAMES CLEMENTS , were indicted for feloniously stealing, on the 14th of December , one wooden cart, value 10l. seven linen bags, value 7s, and six hundred and fifty-one pounds of thrown silk, value 1195l. the property of James Lewis Desormeaux .

Second Count. Laying the silk to be the property of Joseph Wilson .(The witnesses were examined apart at the request of the prisoners).

JAMES LEWIS DESORMEAUX sworn.(Examined by Mr. Knapp.) I am a silk-dyer in Pearl-street, Spitalfields.

Q. Do you employ two men, Gosden and Godfrey? - A. Yes; Gosden is my streetsman, and Godfrey is my carman.

Q. Were they employed by you upon the 14th of December, to go with a horse and cart to collect any silk? - A. They were; they were to go to the Dolphin in Honey-lane-market, where we have a a room, and keep our silk in; they were to go to Mr. Wilson's for some silk, which they did.

SAMUEL GOSDEN sworn.

Examined by Mr. Gurney. Q. You are streets-man to Mr. Desormeaux? - A. Yes.

Q. On the 14th of December, did you go out with your master's cart? - A. I went out before the cart, to Mr. Wilson's, on the 14th of December, about four o'clock in the afternoon; I received there, about one hundred and sixty pounds weight of silk, from Mr. Joseph Wilson; he himself gave it me.

Q. Who was with you when you received it? - A. I put it into my bag; I had not the cart there at that time; I tied it up, and from thence I went for the cart; the silk was left at Mr. Wilson's; my fellow-servant came with the cart, and I put it in, and saw it locked up.

Q. Are you sure if is the same silk? - A. I am sure they were the same bags I had before tied up; but I cannot swear to the silk; Godfrey, my fellow-servant, drove the cart from there to the Dolphin, in Milk-street; Mr. Wilson lives in Wood-street; I went into the Dolphin first, in order to take up the load; I had a heavy load from there to put into my cart.

Q. What sort of a cart? - A. A covered cart, with doors before, and doors behind, painted blue all over; the doors were locked up, with a bolt and a pin, and a padlock, and that I saw locked up myself.

Q. Where was it you saw the lock fastened? - A. Opposite Mr. Wilson's door.

Q. Was your master's name upon the cart? - A. It was.

Q. That was after you had put in the silk? - A. Yes.

Q. When you went into the room in Honey-lane-market , at the Dolphin, did you leave the cart at the door? - A. Yes; my fellow-servant, Godfrey, came in after me; he went out first, to see how the horse stood: in five minutes after that, he returned, and told me the horse and cart were gone; I went out about seven minutes after, myself, and saw the horse and cart were not there.

Q. You did not find it, I believe? - A. No.

JOHN GODFREY sworn.

Examined by Mr. Knowlys. Q. You are carman to Mr. Desormeaux? - A. Yes: On the 14th of December I took up some goods at Mr. Wilson's, in Wood-street; there were six different bags.

Q. What sort of a cart is your's? - A. A blue, covered cart; it was fastened with a double bolt outside, and bolted and barred in the inside; from there I drove to the Dolphin, in Milk-street.

Q. Did it get safe to the Dolphin, in Milk-street? - A. Yes; it is close by Honey-lane-market; we have a room there; we keep our silk in that, we collect; and I went in to assist my fellow-servant with a very heavy load; I don't think we were absent five minutes; when I came out, I missed my horse and cart; I went back, and told my fellow-servant the horse and cart were gone.

Q. You afterwards went in search of it, without finding it? - A. Yes.

JOSEPH WILSON sworn.

Examined by Mr. Knapp. Q. You are a warehouseman, and live in Wood-street? - A. I am a silk manufacturer.

Q. Do you know Mr. Desormeaux? - A. Yes.

Q. You employed him as your dyer? - A. Yes; on the 14th of December, I sent him about 650 pounds weight of silk; I delivered it to his streets-man, Gosden.

Q. Was it enclosed in any thing? - A. It was put into Mr. Desormeaux's bags.

Q. Did you see it put in? - A. Yes; and they were put into the cart, and taken away from the door.

Q. Whereabouts was the value of all this silk? - A. About 1200l.

Q. About how much per pound? - A. It cost me various prices.

Q. Is half-a-guinea a pound a fair price? - A. The largest quantity cost me two guineas a pound; the lowest might be about a guinea.

Q. Do you recollect how many bags this silk was put into? - A. I do not; there were several.

Q. Have you seen the silk since? - A. Yes, at Mr. Desormeaux's.

Q. Was the silk you saw at Mr. Desormeaux's, the silk you delivered? - A. I don't doubt that it was.

Mr. Ally. Q. Have you any partner in your business? - A. No.

EDWARD BURROUGHS sworn.

Examined by Mr. Garrow. I live in Cannon-row, Westminster: On the evening of the 14th of December, I saw a cart, with the name of James Lewis Desormeaux, about half past six o'clock, or a little better.

Q. Was there any body with it? - A. No.

Q. Was there a horse with it? - A. Yes; it was standing still; the horse appeared to have been drove very violently indeed; it had stood there near three hours; about half past nine I examined him, and found he had been driven very hard; one of the reins was cut, on the right hand side of the horse; I examined the cart, and took the watchman and saw the cart had been broke open; then I came round and saw the name upon the cart, and I put the cart up at the livery-stables, and informed Mr. Desormeaux where his cart was.

ELIAS NATHAN sworn.

Examined by Mr. Knowlys. Q. You are a Jew? - A. Yes.

Q. You live in Swallow-street, St. James's? - A. Yes.

Q. Do you know John Graham? - A. I do.

Q. George Hooker? - A. I do not.

Q. Do you know him when you see him? - A. Yes.

Q. Do you know Clements? - A. No.

Q. Do you know him when you see him? - A. Yes; those are the three men (pointing to them).

Q. Tell us what you know of this business? - A. On Wednesday evening the 16th of December, John Graham and Joshua Wheeler came to my shop.

Q. What is your shop? - A. A sale shop.

Q. At what time was this? - A. About six or seven o'clock in the evening, as near as I can guess, Graham and Wheeler came into my shop; my wife said, do go into the shop; and when I had got into the shop, John Graham shewed me a sample of raw silk; I looked at it, and said, I would have nothing to do with it; then they went about their business; Wheeler said to me, there is a good quantity of it, it will be better to have it.

Q. In the presence of Graham? - A. Yes; I said, I would have nothing to do with it; and they went about their business; the next day, the 17th, I was taken up, and taken to Worship-street.

Q. What did you do, in consequence of what passed between you and the Magistrates; you were set at liberty? - A. Yes; the next morning, Friday.

Q. Did you ever see any of the prisoners afterwards? - A. Not at that time; I went to look for them to purchase it of them, the Sunday following; I saw John Graham in Holborn; I said to Graham, let us go into a public-house and have some rum and water; I then said to Graham, if he could help me to be the purchaser of that silk, I would give him five or ten guineas for his trouble; he came in the evening, between ten and eleven o'clock, with Wheeler.

Q. Did any body else come with them? - A. Not at that time; I believe, little Clements came with them, I cannot be positive; Wheeler said to me, if it had not been for Graham's recommendation, he would not have come to me; I said, never mind, I will purchase it of you, if I can; he said, I must give him half-a-guinea a pound; I said, if I could not get it for less, I would give half-a-guinea a pound; he said, I should have it the next morning at two o'clock.

Q. Two o'clock; before it was light? - A. Yes.

Q. When he made this offer was Graham by? - A. Yes; Wheeler, Graham, and Clements, called me up at two o'clock.

Q. Which is Clements? - A. The least.

Q. What was it Wheeler said to you? - A. He said, I should not have it only for Graham's recommendation; they came at two o'clock, and said, have you got the money altogether.

Court. Q. When did they say that, on Monday morning? - A. Yes; I said no, I have not, I will not deceive you; I have got but 100l. if they would credit me till seven o'clock, I would borrow it; they would not do that; then, I said, I would have it in the evening; then I should have the money together; Graham came in the evening, and said, I am sent by Wheeler, to see all the money ready then; he saw the money; then he said, he had orders not to let the things go from the place where they were, unless I went and paid the money, as soon as they were in the coach; that I would not agree to: no, says I, you may depend, I will pay for them as soon as they come to my place, then Graham went away.

Q. When did you see any of them again? - A. In the course of about an hour after, Wheeler, Graham, and Clements, came to my house; we went to a public-house, and had some drink together; and Wheeler said, why do you object to give me the money, when they are in the coach? I said, I would not buy them except they were brought to my house; then they agreed to call me up at two o'clock on Tuesday morning; at two o'clock on Tuesday morning, Graham, Wheeler, and Clements, came and knocked me up; at two o'clock I got up, and we went into a coach, in Oxford-road; there the coachman changed his coach, and we went over Westminster-bridge.

Q. Do you know the coachman? - A. I should know him, if I saw him: we went to one side of the Apollo, there the goods were.

Q. These three persons called you up; did they leave you, or continue with you, when you went to the Apollo Gardens? - A. They went up to the house; then I saw Hooker, the middle man, and Joshua Wheeler, and Wheeler's brother, and there was another man, I cannot recollect his name; six in all.

Q. What morning was this? - A. Tuesday morning.

Q. What time was it, when you got to the Apollo Gardens? - A. Between two and three; they led me into a little house, near the place I mentioned; and there was eleven sacks of silk.

Court. Q. What little house, a necessary-house? - A. No; it was a small house; the house of George Wheeler; we were all there together.

Q. Do you know it was silk? - A. I felt it, it seemed so; I looked at some.

Q. Was it manufactured or raw silk? - A. Raw silk; we all helped to carry it into the coach; I was the person who took the last sack.

Q. They all assisted? - A. I did not take par

ticular notice who carried, but we were all employed; nobody could go in the coach, it was so full; I went on the box, and the rest followed the coach.

Q. Where did the coach drive to? - A. Towards my house.

Q. Had you before this given information at the office, what you intended to do, when you were to be at your house? - A. Yes.

Q. Did the coach drive to your house? - A. Yes; I opened the coach-door, and my shop door.

Q. What became of the persons that went with the coach? - A. They were all round the coach.

Q. Are you sure the three prisoners were there? A. I don't know whether they were near; I stood at the door, and some were behind me; Joshua Wheeler said, what a while you are opening the door; when the door was opened, one of the sacks was brought into my passage, then the officers immediately laid hold of the property, and the three prisoners; the others escaped.

Cross-examined by Mr. Ally. Q. You had a flight knowledge of Graham, and did not know Wheeler at all? - A. No.

Q. Do you mean to say they came with this sample of property to sell without your knowing them? - A. They meant to sell it me, I suppose.

Q. When were you first before the magistrate? A. On Thursday evening.

Q. Before or after these men were with you? - After.

Q. Were not you taken into custody to the magistrates? - A. I was brought there, I could not be in custody, because I was set at large.

Q. Were you not taken to the magistrate in custody? - A. At that time in course I was, but not kept.

Q. You went in custody at first? - A. Yes.

Q. You were examined before the magistrates? - A. I was.

Q. Did you not hear there was a reward of a 100l. for apprehending the persons that stole this silk? - A. I had heard that, I did not do it for the reward, I have had none and don't desire any.

Q. Upon your oath, do not you hope for any of the reward? - A. No, I do not.

Q. Then, for what reason did you take upon you all this trouble? - A. For an honourable action.

Q. How long was it from the time you were before the magistrate, till the time you met Graham? - A. On the Sunday following, from the Friday to the Sunday following, was two days.

Q. Did you promise the magistrate that you would go in pursuit of the men that offered you the silk? - A. I did.

Q. You did not at this time know where Graham lived? - A. He was not at home.

Q. You did not know Graham? - A. I did not say so, I have known him this twelve-month.

Q. You knew him, but not where he lived? - A.

Q. I knew he lived in King-street; I did not know the number; I went to enquire for him, he was not at home; I did not meet with him till the Sunday following.

Q. How many men are there in custody to be prosecuted, on your oath? - A. None.

Q. Do you mean we should understand you that it was merely from a motive of public honour you came forward to prosecute these men? - A. I can prove so.

Mr. Knowlys. Q. It would have been a profitable thing to have bought this, and you declined it? - A. Yes.

Q. And went before the magistrate to bring these people to justice? - A. Yes.

JOHN ARMSTRONG sworn.

I am an officer of Worship-street; I was present at the apprehending of the prisoners, on the Tuesday between the 22d and the 23d of December; about twenty minutes before four o'clock, I heard a coach, I was at the upper end of Swallow-street, Piccadilly, in Vigo-lane.

Q. How came you to go to Vigo-lane? - A. In consequence of an information; as soon as ever I heard the noise of the coach, I went to the end of that lane; at last I heard a coach stop, it stopped over right Nathan's door; there were five other officers with me, Ray and Blackiter were near me; I went up to the side of the coach, I saw three men coming from it, and caught Graham in my arms; Graham was about a yard, or a yard and a half from the horses heads, coming from it, I immediately carried him back in my arms, and clapped him against the wall, over right the coach door; I saw another man turn round the wheel of the coach, whom Ray catched, that was Hooker; the other prisoner being brought by another officer,(Blackiter), they were about being handcuffed; as soon as they were secured, I opened the coach door and found ten bags, I went into Nathan's house and found another bag, there were eleven in all; I looked about but could see no coachman whatever; I saw the back of a man at one time behind the coach, but whether it was the watchman or coachman, I cannot say, I never saw him afterwards, the prisoners were secured, and the property all put in the coach; we got another coach for the prisoners, took the silk to Mr. Desormeaux's, and locked it up, I keeping the key, I have the key now.

Q. Who produces the silk? - A. I do, it has been weighed and sealed up with my seal, it has never been opened; I locked it up, and have kept the keys till it came into this court.

Cross-examined by Mr. Ally. Q. At the time you took Graham, he was walking along the street? - A. I took him coming from the coach.

Q. You did not see these men on the coach? - A. No; I saw no man on the coach.

Q. Were the other two officers with you at this time? - A. Yes.

JOHN RAY sworn.

I belong to the public-office, in Worship-street; I was on the 22d of December, with Armstrong, in Swallow-street, between three and four in the morning; we had been waiting some time, we heard a coach stop, Armstrong went to the right hand side and laid hold of Graham; I went to the back part of the coach, Hooker immediately came from the other side and ran across the way; I followed him and got him in my arms, he struggled a great deal; I told him it was of no use, if he struggled he must take the consequence; we got them hand-cuffed, there was a quantity of silk in the coach, I got up and drove the coach to Mr. Desormeaux's house.

Q. Were you afterwards with the prisoners? - A. I was in the coach with the prisoners and Ferris, Graham in the coach said, he wondered where the hell we all came from in a minute.

Cross-examined by Mr. Ally, Q. I would ask you whether you don't know Nathan? - A. I never knew him before.

Q. He is pretty well known at your office? - A. Not to my knowledge.

Q. What time of the night was this? - A. Between three and four.

- BLACKITER sworn.

I am one of the officers of Worship-street.

Q. Were you with Armstrong and the rest of the officers, when the prisoners were apprehended? - A. Yes; I apprehended Clements.

Q. Where did you apprehend him? - A. Just before the horses heads; I saw him come away from the coach, and took hold of him directly; I saw Armstrong catch hold of Graham.

Q. Then they were conveyed into custody? - A. Yes.

SAMUEL HARPER sworn.

I am one of the officers of Worship-street; I was present at the apprehension of the prisoners; at the time that Ferris and the other officers were securing the other prisoners, Armstrong had hold of Graham, he struggled very much; I bid him stand still, he would not, I had a hanger in my hand, I struck at him, and cut him, I meant to strike him with the flat side of it. (The silk was produced in Court).

Mr. Wilson. I am sure this is my silk, it is marked two threads dram, No. 3, it is the hand-writing of one of my throwsters, with whose writing I am very familiar.

Q. (To Gosden.) Look at the bags, and tell us if you know any of them? - A. These brown bags are my master's bags that I put the silk into; they are the bags that were in the cart.

Graham's defence. I have people here for my character.

Hooker's Defence. I never saw the coach till they dragged me to it.

Clement's defence. I was going up Swallow-street, these men laid hold of me, and dragged me to the, coach.

For Graham.

HENRY GRIFFITH sworn.

I am a painter and glazier in Castle-street, Saffron-hill; I have known Graham about six years.

Court. Have you known any thing of him for the last year? - A. I have not seen him the last two years.

For Hooker.

JOHN WILKINS sworn.

I am a watch-maker, and live at No. 19, Chapman's-buildings, St. Luke's; I have known Hooker about six years.

Q. Have you known him the last twelve months? - A. Yes; I believe him to be a hard-workingman, he worked early and late.

RICHARD HERBERT sworn.

I live in Old-street-road; I have known the prisoner five years, up to the present time, I have been out of town the last five months; he is a weaver, a hard-working man.

JOHN MIFFLIN sworn.

I am a master chair-maker; I have known Hooker five years, to the present time, I always took him to be an honest hard-working man; I never heard any thing against his character.

Q. Where did you know him first of all? - A. In Golden-lane.

Mr. Knowlys. Q. Did you know him when he was on the river Thames? - A. No, I did not.

JOHN EDWARDS sworn.

I am a shoe-maker in Bridgewater-gardens; I have known him ten years.

Q. Have you known him the last year? - A. Yes.

Q. How far did you live from him? - A. Three hundred yards; he is a sober, and very honest character, except while he was on the river Thames.

Q. How long was he on the Thames? - A. About four years.

ELIZABETH EVANS sworn.

I have known him four years; I never saw any harm by him, nor ever heard any.

WILLIAM HOOKER sworn.

I am brother to the prisoner; he worked for me, he has four small children, he worked very hard.

Graham, GUILTY , (Aged 21.)

Hooker, GUILTY, (Aged 28.)

Clements, GUILTY, (Aged 18.)

Tried by the London Jury, before Mr. Justice HEATH.

They were again indicted for stealing a black gelding, value 10l. the property of James Lewis Desormeaux , but no evidence was offered.

All three NOT GUILTY .

[Transportation. See summary.]

Reference Number: t17960113-42

99 SAMUEL SIMONS was indicted for feloniously stealing, on the 22d of December , a leather saddle bag, value 4d. a pair of kerseymere breeches, value 1s. a pair of leather slippers, value 6d. three pair of leather shoes, value 2s. three pair of cotton stockings, value 6s. two pair of worsted stockings, value 3s. three flannel waistcoats, value 2s. a kerseymere waistcoat, value 1s. a linen shirt, value 2s. 6d. a razor, value 6d. a shaving box, value 2d. a travelling hair cap, value 1s. and a worsted wig, value 2d. the property of Roger Ellison .

WILLIAM HARTLEY sworn.

I am a seaman, belonging to the Enterprize tender: On Tuesday, the 22d of December, as I was carrying some saddle bags belonging to Roger Ellison , along Fenchurch-street , between six and seven o'clock in the evening (I had them on my shoulder), I was stopped by Mr. Hales's door by the prisoner, who desired me to go and fetch him a coach, and make what haste I could, and he would give me a shilling for my trouble; he was dressed in mourning, or very dark clothes, which I supposed to be mourning; I turned round, with the portmanteau on my shoulder, to go for a coach; he took hold of the portmanteau, and took it into the shop, and put it on the counter; he had a pair of spectacles on, without glasses, and no hat.

Q. Did you observe there were no glasses in the spectacles, when he first spoke to you? - A. I could not tell in the dark.

Q. How came you to trust the portmanteau with him? - A. I thought he was the proprietor of the shop; there was nobody else in the shop, the door was open a-jar; I went for the coach, and when I came back again, Mr. Hales asked me, in the presence of this man, whether he was my master; I told him no, he was not; then the prisoner asked me if I was not his servant, I told him no, I was not; I asked him if he did not tell me he would give me a shilling, it I fetched him a coach; he said, he did offer me the shilling, and he gave it me, and asked me if I was not his servant again; I then told him no, I was the King's servant.

Q. Did you ever know any thing of the man before; did you ever see him before? - A. Not that I know of.

Q. Was he detained, and sent to prison? - A. Yes.

Cross-examined by Mr. Ally. Q. He undertook to take care of this portmanteau for you till you came back? - A. I don't know whether he did or not; I thought he was the proprietor of the shop; I would not have given it him, if he had not taken it.

Q. When you came back with the coach, he gave you the shilling, as he agreed? - A. Yes.

Q. You pocketed the shilling? - A. Yes.

Q. For what you know, he might have given you the bags again as he proposed? - A. And he might have run away with them.

Q. You know it was put out of his power to return them, by being detained by another person; where did you find the bags when you came back? - A. Behind Mr. Hales's counter.

Q. Then this man could not give them you back, if he had a mind, they were taken from him? - A. Yes, he offered me half a guinea when I came back not to take him into custody.

WILLIAM HALES sworn.

I am a stationer in Fenchurch-street; On the 22d of December, about twenty minutes before seven, I just came down stairs, and sent my shopman up to tea; I went into my counting-house at the back of the shop.

Q. Had you shut the door? - A. The shop-door was shut, having no light; I saw the prisoner at the bar come in with a portmanteau in his hand, and put it on the counter; I saw him take it off the counter, and put it on the ground; at the same time, I saw the sailor run from the door, with the door open; I immediately came forward out of the counting-house, and came up to the Jew, (the prisoner at the bar), and took hold of the portmanteau, he had held of it likewise; I asked him who does this belong to? his reply was, it was his property. I then asked him what was in it? he said, he could not tell, but his servant, that was gone for a coach, would be back in five minutes, and he would tell me what was in it; I thought it had been cut from a hackney coach, or a post-chaise, because I saw the sailor run away. I then told him he should not have it till I sent for a constable; and he should tell me what was in it before he had it, both him and his servant; I instantly called down one of my shopmen, who has been with me fourteen years, and sent him for a constable; and then I called

another shopman, who has been with me seven years; I wrangled with him about the portmanteau, He wanted to take it away, I said he should not take it away till the constable came, and he told me what was in it; presently after the sailor came, who I suspected was a thief with him; having got the portmanteau in my possession, I brought it round behind the counter; when the sailor arrived with the coach, I asked him if he could tell me what was in the portmanteau? he was very much frightened, and said he could; he began to relate, there were so many shoes, so many pair of stockings, flannel drawers, and shaving things; I then asked him if he was the prisoner's servant? he said no; he then looked round, and said, damn you, I believe you are a thief; I said I thought so too, and had sent for a constable; and if he chose to give charge of him, I would appear as an evidence for him; before he arrived he began abusing me, and bullying me, and said, if I detained him, he would prosecute me with the utmost rigour of the law.

Q. Where was the portmanteau when you first came up to him? - A. He had it on the counter, be brought it further into the shop; when he saw me, he seemed confused; he had a pair of spectacles on and no glasses, he had no hat, he was quite disguised; he looked more like an emigrant priest than any thing else; he offered the sailor half-a-guinea to let him go.

Jury. Q. Did you ever see the sailor before? - A. No, never.

Cross-examined by Mr. Knowlys. Q. I think you first thought it was a portmanteau cut from a chaise? - A. Yes.

Q. Then your mind was full of suspicion? - A. Yes.

Q. He brought it afterward further into your shop? - A. Yes; more out of sight, under the shaving-box.

Q. What was your suspicion? - A. From the manner of his coming into my shop, and taking possession of it, neither with my leave, nor by my leave.

Q. In consequence of which, you took the portmanteau, and prevented him having it? - A. Yes.

Q. From that circumstance, you cannot tell whether he would not have given it the man when he returned? - A. I know he wanted to go away with it.

Q. He had hold of one end, and you the other? - A. We both had hold of it.

Q. He used no kind of violence? - A. No; he would have carried it away if I would have let him.

Q. You carried it behind the counter? - A. Yes.

Q. How do you know but he meant to give it the man when he returned? - A. Because he threatened me if I detained him a minute after the man came back again, he would prosecute me with the utmost rigour of the law.

Q. Except for the suspicion you had, how do you know but what he meant to give it the man when he came back? - A. According to the best of my belief he would have taken it away.

Q. When the young man came back, you had it safe behind the counter? - A. Yes.

Q. Was he not prevented from giving it up by your putting it behind the counter; could not he have returned it if he had been so disposed? - A. I know he would have gone away with it if he could.

Q. Do you pay for any part of this prosecution? - A. No.

Q. Have you given any instructions in the business? - A. No.

Q. He offered to send for some tradesmen to give him a character? - A. He gave a false direction.

- HOPE sworn.

I took charge of the prisoner: the bags were delivered to me; I have had them ever since, (produces them).

ROGER ELLISON sworn.

I belong to the Enterprize tender.

Q. Do you know Hartley? - A. Yes.

Q. Do you know these saddle bags? - A. I sent him for them to the White Horse Cellar.

Q. Are they your's? - A. Yes.

Q. The bag and the contents? - A. Yes.

Prisoner's defence. I stand here in an unfortunate situation: I stand charged with an offence, of which I am as innocent as the child unborn; I am subject to sits; I sell in one, and lost my hat, coming by Mr.Hales's door; I was afraid of having another, I was saint; I asked the prosecutor to fetch me a coach; I put his portmanteau in the shop, till he returned; I gave him a shilling; I meant to return the portmanteau, and this man stopped me; I get my living in an honest way.

For the prisoner.

JOHN MOSS sworn.

I am a baker; I have known the prisoner eight years, and always found him very honest in his dealings with me.

DANIEL ANCAS sworn.

I have known the prisoner three or four years; he has behaved very honestly to me; he has bought goods of me, and always paid me very honestly.

ROBERT THACKER sworn.

I am a victualler, in Bedford-bury: I have known the prisoner seven or eight years; he always bore a good character, to the best of my knowledge; he deals in hardware, and carries about tobacco; I have bought tobacco of him.

JOHN WEST sworn.

I am an undertaker: I have known the prisoner six or seven years; he always bore a good character.

GUILTY , (Aged 23.)

Tried by the London Jury, before Mr. COMMON SERGEANT.

[Transportation. See summary.]

Reference Number: t17960113-43

100. MARY SNOW was indicted for feloniously stealing six yards of linon cloth, called Irish, value 6s. the property of Anthony Twedall , December 7 .

ANTHONY TWEDALL sworn.

I am a linen-draper , in the Minories ; On Monday, December 7, between four and five in the evening, the prisoner came into my shop, along with another woman, and asked to look at some cottons for a gown; I shewed them a great number; there were none that they approved of; and they went out of the shop; I had a number of customers in the shop at the time; a woman in the shop said, they had taken something; I followed them across the street; the corner of John-street, I took hold of the cloak of the prisoner, and under her cloak I saw the linen, which I took from her, and took her back into the shop, and the other along with her; I sent for a constable, and had them searched; I thought they might have something more about them; there was nothing more found upon them.

Q. Did you know her before? - A. I never saw her before, to my knowledge; I enquired after the other, and found, she came from her place to buy a gown, and called on the prisoner, to come with her; I had reason to believe she was innocent; they were sent to the Compter that night, and before the Mayor, next day; she was discharged by the Mayor; I made enquiries respecting the prisoner, I believe it is her first offence; I have heard a good character of her, I believe she was drove to it, through distress.(It was produced in Court, and deposed to, by the prosecutor).

Prisoner's defence. I have nothing to say.

Prosecutor. There was a lady, who lives in Mortimer-street, here last night, to give her a character; she went home last night very ill.

GUILTY, Of stealing goods to the value of 10d.

Fined 1s. and discharged.

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

Reference Number: t17960113-44

101. JOHN ROBERTS , otherwise COLIN RECULIST , was indicted for forging, on the 26th of June , a certain promissory note, bearing date, Plymouth, 24th of May, 1795, purporting to be signed under the hand of W. Howard, where by the said W. Howard promised to pay at Plymouth, or at Messrs. Hankey, Chaplin, Hall and Hankey, bankers, London, five guineas, with intent to defraud George Rubery .

Second Count. For publishing and uttering the same as true knowing it to be forged.

Third and Fourth Counts. For forging and publishing as true the like note, with intent to defraud Thomas Heseltine : And,

Four other Counts. For forging and publishing an endorsement of the like note, with the like intentions.

GEORGE RUBERY sworn.

I am a publican , in Spital-fields.

Q. What have you to say, respecting this charge of forgery, against the prisoner? - A. On the 26th of June, last year, between five and six in the evening, the prisoner came in and asked for a pint of beer.

Q. Did you know him before? - A. I had seen him once before he came to my house.

Q. Did you know where he lived? - A. No; he staid an hour and an half, or longer.

Q. Had he more than one pint of beer? - A. I believe he had; I cannot say.

Q. Did any body come with him, or did he come alone? - A. He came alone; he said, I don't know how I can pay my reckoning.

Q. Had he any other liquor than porter? - A. Perhaps he might have sixpenmyworth of rum and water, I cannot take upon me to say; he said, he was waiting for a friend of his; but he was not come; said he, I have no cash about me, except a small note; I said, it did not matter, perhaps he would come by that way again; says he, I want some cash, can you change me a five guinea note; I told him I could not, I had not so much cash in the house; he asked me, if I did not know the grocer over the way; there is a grocer opposite; he asked me, if he was a good sort of a man; I told him, he was; he said, may be he will cash it, I want some things in his way; I said, very well; accordingly he and I went over.

Q. Did he produce his note before he went over to the shop with you? - A. I cannot say; I took the note in my own hand.

Q. Then he must have given his note to you before you went to Mr. Heseltine's? - A. It was in Mr. Heseltine's shop that he produced it.

Q. Had he produced it without delivering it into your hand before? - A. No.

Q. Then at Mr. Heseltine's shop, he delivered the note into your hand? - A. Yes; Mr. Heseltine was not at that shop.

Q. Were you directed to where Mr. Heseltine was? - A. Yes; I was.

Q. Did any conversation pass at the shop, respecting the note, before you went to where Mr. Heseltine was? - A. No; he did not say a word.

Q. Where were you directed to find Mr. Heseltine? - A. Within two doors of my house, on the same side of the way.

Q. His other shop being exactly opposite? - A. Yes; his other was repairing.

Q. The new shop, that was repairing, you found him in? - A. Yes; and I asked him to change me a five guinea bank note; the prisoner was with me at that time, and heard me make the application.

Q. Did you say whether this note was for yourself, or any other person? - A. I asked, if they could change this man a five guinea note; I had it in my hand; and Mr. Heseltine desired to look at it; he looked at it, and said, it was not a bank note; I told him, I believed it was a very good one; that it was at Mr. Hankey's, in Fenchurch-street; and, I believed it was a very good house; he asked me, if I knew the man; I told him, I had seen the man before, coming to the house; he said, if he would indorse his name upon the back of it, Mrs. Heseltine should give him cash for it; then the prisoner and I went back to the other shop.

Q. Had the prisoner, before you went back, endorsed any name upon it? - A. No.

Q. What took you back? - A. To get the cash from Mrs. Heseltine; she was at the other shop, where we called first.

Q. Mr. Heseltine did not go with you? - A. No.

Q. What passed there? - A. I told her that the person would indorse his name upon the back, and she was to give me cash for it.

Q. How came you to tell her, that she was to give him cash for it? - A. I told her, that Mr. Heseltine had ordered her to give the cash for it.

Q. Upon telling Mrs. Heseltine this, what passed? - A. He endorsed a name upon it.

Q. Do you recollect what name that was? - A. Yes; John Stevenson; and the day of the month, and the date of the year; and then she put him down the five guineas, and he took it up.

Q. Were the five guineas laid down before he said to her, that he should want something in their way? - A. No.

Q. After having laid down the five guineas, what passed? - A. He said, if that was not enough, he would write more.

Q. Was that said with allusion to what he had wrote upon the bill? - A. Yes; then, he said, he wanted a pound of the best hyson tea, a pound of cocoa, and a pound of chocolate; to tie them up in a parcel, and make out the bill, and he would call at my house in the morning and pay for them; the things came the next morning, and a bill of the prices.

Q. But, before that, what became of the note, when the cash was given for it? - A. Mrs. Heseltine took the note.

Q. What became of you and the prisoner, after that? - A. He came with me, to our house.

Q. How long did the prisoner stay at your house after he came back from Mr. Heseltine's? - A. It might be about an hour.

Q. Was there any body in his company during that time? - A. I don't know that there was any body except people that I knew; he gave me a guinea, and desired me to take the reckoning out of it.

Q. How much did you take out of it? - A. It was not more than to the amount of one shilling, I think, I am not certain, it was there or thereabouts.

Q. Are you sure that the note that was left with Mrs. Heseltine, and for which she gave five guineas cash, was the same note that the prisoner had, and produced to you? - A. Yes.

Q. How soon after this did you see the prisoner again? - A. I did not see the note till the Saturday following; this was Friday; and I did not see the note again till the Saturday week; Mr. Heseltine brought it to me.

Q. Had you, in the mean time, seen any thing of the prisoner at the bar? - A. No, I had not.

Q. How soon after this had you seen any thing of the prisoner? - A. I cannot exactly say to a day or two; it might be a week, or more, afterwards.

Q. Where was the prisoner when you saw him again? - A. Before the Magistrate of Greenwich, in custody.

Q. Had he called, or sent, for those articles of grocery that were left at your house? - A. No; Mr. Heseltine took them back again.

Q. Had he said how these things were to be conveyed to him? - A. He desired them to be sent to my house, and a bill, and he would call for them in the morning.

Q. You are sure he said he would call for them in the morning? - A. Yes.

Q. When was it that the things were delivered back again to the grocer? - A. I cannot particularly say.

Q. Was it before the grocer called with the bill? - A. I believe they went back on the Saturday night, or the Monday; I am not sure, because I was obliged to go out of town.

Q. Then you heard nothing of this note being suspected to be a bad one, till the Saturday morning after it was paid away? - A. No.

Q. Then how came these things to be delivered back to the grocer? - A. I was out of town at the time.

Q. In your presence was there any deduction made, out of the five guineas, for the grocery sent to your house? - A. None.

Q. Shall you be able, when this bill is produced, to say, whether it is the bill that was cashed in this way by Mrs. Heseltine? - A. Yes.

Q. Do you know any thing more about the matter respecting this bill? - A. No.

Cross-examined by Mr. Ally. Q. It was some time from the period when the prisoner received the cash, before you saw him again? - A. Yes.

Q. Then, whether the prisoner had been indisposed, and unable to call, according to his promise, you cannot undertake to say? - A. No; I don't know the reason.

Q. You have told us, the prisoner was in your house before he went to Mr. Heseltine's? - A. Yes.

Q. Had he any thing to drink with you? - A. Yes.

Q. Did he pay you for that? - A. I told you, he changed a guinea.

Q. At the time he said the prisoner must indorse the note, he did not make any hesitation, but said, he would indorse any thing necessary upon it? - A. He said he would indorse it, and did indorse it.

Q. Did you ask the prisoner from whom he had got the note? - A. No; I did not.

Q. Then, after he had got cash for the notes, he returned to your house, and had something to drink? - A. Yes.

THOMAS HESELTINE sworn.

I am a grocer, in Spital-fields: Upon the 26th of June last, the last witness, Mr. Rubery, came to me, with the prisoner at the bar, to a shop which I have, that was under repair? I have another shop, directly opposite Mr. Rubery's; Mr. Rubery asked me, if I would give him cash for a five guinea Plymouth note, which he produced, for the prisoner, who was with him; he was a stranger to me; and I asked him if he knew him; he said, he knew him by coming to his house; I told him, I knew nothing of the prisoner; Mr. Rubery said, it was a good one, if it was for 1000l.; I told him, I would give change for the note for him.

Q. Did he give you any reason why it was a good one, when he said that? - A. None; I requested of him, for his own security, to get the man to put his name at the back of it; that after he had seen the prisoner indorse it, Mrs. Heseltine might give the person five guineas for it; the prisoner said he should want some tea and sugar, as he was going on board a ship, or something to that purpose; I told him, whatever he wanted, he might leave the order with Mrs. Heseltine; on the Saturday morning I put up the goods, and carried them over to Mr. Rubery's, as Mrs. Heseltine directed me.

Q. Did you see any thing more of the prisoner afterwards? - A. Not till he was apprehended; I saw him at Greenwich.

Q. Were these articles returned? - A. A few days afterwards, I told Mrs. Rubery they had better be sent over to our shop than lie in her bar, they would be safer.

Q. Was this before you had any suspicion of the impropriety of the bill? - A. Yes; above a week before that.

Q. Then the ordering of them back again was accidental, and not from suspicion? - A. Just so.

Q. It was on Friday that you ordered the note to be so cashed upon its being endorsed? - A. Yes.

Q. When did you see that note again? - A. I received it from Mrs. Heseltine the same afternoon, and paid it away the same evening to Mr. Foxley, one of the carriers of the General Post-office, the next door neighbour to me; he generally sends me a parcel of half guineas, and I send him what I have in the room of it; he frequently sends me of a Saturday thirty or forty half guineas.

Q. You yourself never offered this note for payment? - A. No; I endorsed it that afternoon; I saw upon it the name of John Stevenson , and the date, I put my name underneath it; I did not see that note again till that day fortnight; I received it of Mr. Foxley back again; I went to Mr. Rubery's, he was not at home; the next morning he came over to me, I left word at his house concerning the note, that it was returned to me as a bad one; I gave Mr. Rubery the note, and requested him to go to Hankey's, and try it again to satisfy himself and me likewise; Mr. Rubery gave it me back again.

Q. Was that before he was apprehended? - A. He was apprehended before I gave it back to Mr. Rubery; Mr. Rubery gave it back to me after an examination at Bow-street.

Q. How soon after this Friday was it that you saw the prisoner again, and where did you first see him? - A. At Greenwich, and again at Bow-street, I did not see him till he was in custody.

Q. Then you had no conversation with him respecting this note? - A. None; Mr. Rubery acquainted me with it, I was in the country, and I went to Greenwich to see if I should know him; he was then in custody.

Q. Have you got the note? - A. Yes.

Q. Have you yourself made any enquiry about the drawer of that note, which purports to be dated

person here that went down to Plymouth to enquire.

Q. You know nothing about the authenticity of this note? - A. I see that it is a Plymouth note, and this is the same note that I had from the prisoner.

Jury. Q. You only know by hearsay, that it is not a good note? - A. No.

Q. (To Rubery.) When was it you first saw this note again, after you had so left it? - A. I cannot exactly say, whether it was the Saturday following, or the Saturday after.

Q. Had you seen it before the prisoner was taken into custody? - A. Yes; Mr. Heseltine brought it to me.

Q. Before the prisoner was in custody? - A. Yes.

Q. What did you do with that note upon its being left at your house? - A. Mr. Heseltine desired me to take it to Mr. Hanke'ys, to see if it was a good one.

Q. Did you go to Mr. Hankey's with it? - A. I did; I asked if it was a good one, and they told me there was no such firm of a house in London as that described in that note.

Q. To what Mr. Hankey's did you apply? - A. In Fenchurch-street.

Q. You did not get any tidings of the drawer? - No; I kept the note till I heard the prisoner was apprehended; he was apprehended at Woolwich, passing another note.

Q. He was not in custody upon your taking him? - A. No.

Q. To whom did you deliver the note afterwards? - A. Mr. Heseltine.

Q. Is that the very same note that the prisoner indorsed and left with Mrs. Heseltine? - A. Yes.

Q. You know nothing yourself of W. Howard, Plymouth? - A. No.

WILLIAM BURDEN sworn.

I am a journeyman carpenter, I live at Greenwich: On the 10th of July, 1795, Mr. Richard Best, linen-draper and wine-merchant, Greenwich, came to me, and asked me if I could go into the country for a few days; I told him I could; I went to Plymouth, by the direction of Mr. Best; there was a man there taken up with some forged notes, and I was to enquire if there was a person there of the name of W. Howard.

Q. When did you arrive at Plymouth? - A. On the 13th; I had a letter of recommendation to Mr. Snarden, a linen draper, at Plymouth.

Q. Is he a man of considerable connections, and acquainted with the place? - A. Yes; when he had looked over the letter, he went with me to a banking-house; I don't recollect the name.

Q. Is it the great Plymouth Bank? - A. Yes; we enquired after W.Howard, and there was not such person.

Q. Did you learn how many banks there were in Plymouth? - A. Two; they said there was no such person there in being; when I had been at the banking-house, I had a letter to go to the Mayor of Plymouth; I went to him, and he looked at the letter; and said he could not tell me of any such person of that name.

Q. What other enquiries did you make? - A. I went to the King's collectors of the taxes, but no such person was known to them; I enquired of the Town-clerk, who keeps the militia list, they overhauled the books in my presence, and there was no such name there; from thence I went to the collectors of the poor's rates, but could not find any such name.

Q. Did you find any such name as Howard in Plymouth? - A. Yes; but; not of W. Howard; I enquired of the most capital inhabitants of Plymouth, but could not hear of any such person; I then employed the cryer of Plymouth, I gave him directions in writing, but no such person was to be found.

Q. Did you yourself hear him cry this? - A. I cannot say I did, but a number of inhabitants told me they did; the Mayor of Plymouth gave me a letter of address to one Mr. Lloyd, I believe, a high constable, in Plymouth dock-yard; I went to him, he being a person of consequence in the yard, he said he knew of no such person of the character of issuing out notes, except one William Howard, in the yard, who had been a gate-keeper, I think he said, fourteen or fifteen years; Mr. Lloyd then asked to see the note, and I shewed it him, and he said Plymouth and Dock notes were quite different; this William Howard was a very respectable character of a poor working man.

Q. Plymouth, and Plymouth Dock-yard, are very distinct? - A. Yes; it is four miles distance from each other.

Q. No, it is not so much as that; but, however, they are distinct places? - A. Yes.

Q. No such person then ever was heard of? - A. No.

Q. Had you the note with you at the time? - A. No; I had another with the same indorsement of W. Howard, dated at Plymouth; that is all I know.

Q. The distance is four miles, you say, but that must be a mistake? - A. I am not certain; I never was there but once.

Cross-examined by Mr. Ally. Q. You have told us that, in the town of Plymouth, you did not meet with a person of the name of Howard? - A. There

were several of that name in the town, but none whose Christian name began with the letter W.

Q. At the dock-yard you did meet with a person of that name? - Q. Yes.

Q. Though the town and dock-yard are separate, you don't mean to say, that they don't go under the same denomination of Plymouth? - A. No, they don't; they told me that they were quite different; he shewed me the dock notes, and the Plymouth notes are quite different.

Court. Q. But the places are perfectly distinct? - A. Yes; at the post-office at Plymouth, they told me they had no correspondence with the banking-houses in London.

Q. Who has got this note? - A. Mr. Heseltine.

Mr. Heseltine produces it. This is the note delivered to me by Mrs. Heseltine.

Mr. Rubery. I can swear this is the note that the prisoner produced to me, and left with Mrs. Heseltine; I can swear to it from the writing.

Q. Did you ever hear the prisoner say what was his name, except from writing upon it? - A. No.

Mr. Ally. Q. In consequence of seeing him write, you swear that to be the same note? - A. Yes.

Q. Suppose any other man had gone with another note, and written upon it in the same way, you would have sworn to that note as soon as this? - A. No; I am very sure that is the note.

Court. (To Rubery.) Q. Did you take notice of the number of the note, or the date? - A. No.

Q. Have you put your name upon it at all? - A. No.

CHARLES STEVENSON sworn.

I am clerk to Messrs. Hankey, in Fenchurch-street.

Q. What is the firm of that house? - A. Joseph Chaplin Hankey, Stephen Hall, Robert Hankey, Richard Hankey , Augustus Robert Hankey, and George Garthorne.

Q. But what is the partnership firm? - A. Hankey and Co.

Q. In May, 1795, were the partners the same? - A. Yes, they were.

Q. Do you know any other firm in London of Hall and Hankey, bankers, that can apply to any house but your's? - A. I know of none.

Q. If there were any such other firm under the description of bankers, must you not have known it? - A. Undoubtedly.

Q. Look at that note in your hand; it appears to be drawn upon a check, dated from Plymouth, May 24, 1795, and signed by W. Howard, for five guineas; had your house, at that date, any correspondence at Plymouth with any person of the name of Howard? - A. No; no correspondence at Plymouth at all.

Q. Was that note ever presented at your house for payment? - A. I cannot say.

Q. But if it had been presented, it would not have been paid at your house? - A. It certainly would not.

Court. Q. Is there any person here who knows that, at any time, he had taken the name of John Roberts, otherwise Colin Reculist?

Mr. Best. I was my Lord.

RICHARD BEST , junior, sworn.

I am a wine-merchant and woollen-draper at Greenwich, in Kent; I was present before the Magistrate a fortnight or three weeks previous to the 16th of July, he was before the Magistrate several times, when the Magistrate, at Greenwich, asked him his name, it must have been the latter end of June, or beginning of July, I am not certain which.

Q. You knew nothing of him before that time? - A. No.

Q. Did you hear what he said his name was then? - A. He said his name was John Roberts ; in consequence of what passed there, I sent the young man to Plymouth.

Q. Did he ever own to the name of John Stevenson ? - A. No.

Cross-examined by Mr. Ally. Q. That might have been mentioned when you was not by? - A. No.

Q. I suppose, if a man gets into trouble before a Magistrate, he is not desirous of its being known to his friends? - A. Certainly.(The note read.)

"No. 932, £.5 5s. May 24, 1795.

"I promise to pay to Bearer, on demand, here, or at Messrs. Hankey, Chaplin, Hall, and Hankey, Bankers, London, Five Guineas, value received. W. Howard.

"Five Guineas, on demand. Entered."

Endorsed, " John Stevenson , June 16, 1795; and Thomas Heseltine ."

Prisoner's defence. I am unable to prove my innocence, by my trial not being put off; if I could have got the person that I mentioned, my innocence would have been clearly proved.

Court. You have no reason to complain of that, man, you have had ever since last October sessions.

Prisoner. I humbly thank your Lordship, and the Gentlemen of the Jury, for all the indulgence I have received.

GUILTY , Death . (Aged 34.)

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

Reference Number: t17960113-45

102. JOHN SMITH was indicted for feloniously stealing on the 11th of December , four medals, value 2d. one hundred and twenty-two copper halfpence, value 5s. 1d. and sixpence in money , the goods and monies of Jane M'Cann .(The Case was opened by Mr. Knapp.)

JANE M'CANN sworn.

I keep the Marlborough-head, No.36, Drury-lane ; the prisoner lodged with me about three months.

Q. You have had the misfortune to have had your till robbed? - A. A great many times.

Q. On the 10th of December you had occasion to mark some money? - A. On Wednesday, December the 9th, I had a great quantity of halfpence in the till; I called Mrs. Waterhouse, a person that does my business when I am absent.

Q. Will you come to the night before you lost the things out of the till? - A. This is the Wednesday before; the bar is very large; Mrs. Waterhouse put some halfpence into the till which I gave her to put there, and I saw her lock the till, and lock the bar door; it is customary for me to leave the key for her to go into the bar in the morning, and I gave her the key of the bar, and took the key of the till myself; on Thursday morning, I had not above 8d. in the till.

Q. How much had you put in? - A. Mrs. Waterhouse can tell better than I can; on Thursday night there was 6s. left in the till in halfpence; we went to bed; I begged Mrs. Waterhouse to watch particularly how the bar was in the morning: on Thursday night I took four copper medals and a sixpence to Mr. Hay, a neighbour, and desired him to mark them; I did not see him mark them, but I left them with him; he returned them to me in a few hours after, and I kept them during the day, and at night put them into the till; I called Mrs. Waterhouse to put some more halfpence into it, we left 6s. copper in the till, I told them myself; the medals, the sixpence, and the halfpence; in shutting the till, I told her it was necessary to cover the silver sixpence, she put her hand into her pocket, and took out two-pence, which I covered the sixpence with myself, she stood by me; Mr. Hay came to me by appointment, to sit up with me that night; at eleven o'clock we went into the most convenient room, which was a back parlour, at a great distance from the bar, near the stair-case, close to the stair foot, and between half past one and two, I heard somebody come down stairs, or more properly I heard the stair-foot door fly to.

Q. You are sure that you heard somebody come down stairs? - A. I am certain I heard something of a person moving; we then concluded that we would not alarm the watchman or any body, till the morning; in the morning, at six o'clock, when my family were going to get up, I struck a light, and sent Mrs. Waterhous to search the bar; I did not go with her.

Q. Then you must not tell us what passed between you? - A. I then heard somebody going down stairs, and I found it was Smith with his shoes in his hand; I stopped him, and said, Smith, my house has been robbed three nights running, you, nor nobody else shall go out of my house till I have had you searched; he then returned up stairs, and I called to my man-servant not to open the door, and to take care that nobody should go out; I called for a light, and Mrs. Waterhouse, the servant-maid, and the watchman and I went up stairs into his bed-room, and he was then sitting upon his bedside; the feather-bed had been ripped open, and the feathers had flown all about his back, and about the floor; I went up to him and asked him to give me the money he had robbed the till of, that I had been robbed, and I was sure he was the thief; he made me some answer, I don't recollect what, I told him there was marked money among it, not to hesitate, but give it me directly; he put his hand into his pocket, and pulled out a parcel of halfpence; I begged the favour of Mr. Hay to take them from him, and in turning them out of his hands into Mr. Hay's, I saw the silver sixpence that was marked; I then desired the servant-maid to examine the bed, her name is Margaret Hughes ; I saw her search the bed in my presence, she pulled out a parcel of halfpence from the feathers, in the midst of the bed; I held out my apron, and amongst them were two or three of the marked medals I had put into the till the night before, and two keys, one that unlocked the bar door, and the other unlocked the till.

Q. Were these keys belonging to you? - A. No; I have no knowledge of them.

Court. Q. Where was your room? - A. I always kept both keys in my own room, laid on the table ready for Elizabeth Waterhouse to open the house in the morning; she sleeps with me.

Jury. Q. You had not lost a key of your till or bar before that? - A. No; I searched if I could find any thing, and the maid found a picklock.

Q. Did you know these medals to be your's? - A. I knew them to be mine, but Mr. Hay will prove it.

Q. Do you know what business the prisoner followed? - A. A locksmith.

Cross-examined by Mr. Ally. Q. You usually left your keys upon your table, you say, that this lady might have them in the morning? - A. Upon my own table, locked up in my own bed-room.

Q. Do you keep some other lodgers in the house? - A. Yes.

Q. There are some others who sleep in the same room? - A. At that time there were three persons in that room; my servant man, and a neighbour's servant, that I accommodated.

Q. You told him your house had been robbed, and he should not go out till he was searched? - A. Yes.

Q. And he went up stairs? - A. Yes.

Q. You observed some feathers on his coat? - A. Yes.

Q. What might this man have paid you weekly, for his lodging? - A. Fifteen-pence.

Q. Then the bed could not have been of a very good kind? - A. A very good feather bed; it was on account of his employers, that I took him in.

Q. Do you not know, it is customary for persons, who have not sufficient covering upon the bed, to lay their cloaths upon the bed? - A. I suppose it may.

Q. The prisoner had been out of his room for sometime, of course? - A. There was no place for him to be out of his room, but coming down stairs; I stopped him when he was coming down stairs.

Q. In consequence of his having these feathers upon his coat, you charged him with committing the robbery? - A. I charged him with it in consequence of his taking money out of his pocket.

Court. Q. Did any body sleep in the same bed with him? - A. No; he objected to any body sleeping with him; he slept alone.

JOHN HAY sworn.

Examined by Mr. Knapp. I live in Drury-lane: Mrs. M'Cann came to me on Friday, the 11th of December, to mark some money; and I marked four copper medals, and a sixpence.

Q. How did you mark them? - A. With the prong of a fork; they were different marks.

Q. Are you able to identify the marks you made, when you see them? - A. Yes.

Q. How long had you them? - A. I cannot say; I might have them two hours; I left them for her when I went out.

Q. Were they ever out of your possession? - A. Yes; lying on a table.

Q. Were they wrapped up? - A. Yes.

Q. Did you deliver the same medals, and the sixpence, back again, that you had received from her? - A. I did.

Q. What did you do next? - A. In the evening she asked me to sit up with her, during the night, which I did.

Q. Did any thing happen in the night that you took notice of? - A. Yes; I heard somebody come down stairs, and we took no notice of it, till the next morning, at six o'clock, I went home.

Q. Who has got the medals? - A. I have one of them, and the sixpence.

Q. Who gave them to you? - A. The prisoner at the bar; I was sent for about twenty minutes after I went home; I returned to Mrs. M'Cann's; I found Mrs. M'Cann and the prisoner in the bedroom; she immediately demanded the money, that she said, he had taken out of the till; and he gave me one of the medals, marked, and a marked sixpence, and 1s. 10d. in halfpence.

Q. Was that marked sixpence and that marked medal, the same sixpence and medal that you had marked? - A. The very same. (Produces them).

Q. Tell us if these are the same that you marked, and that the prisoner gave you? - A. Yes; they are.

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

Q. After this, did you see any thing else particular in the room? - A. I saw the feathers, in the room, strewed about; I found a great many halfpence, two keys, a stone bottle of liquor, I supposed to be rum, and a piece of sugar; he was taken to the watch-house, and I saw a key found upon him, of a very particular nature; and a knife that answered the purpose of a knife and a turnscrew; said, by the prisoner, to be a thing he made himself; I left him at the watch-house, and appeared before the Magistrate; and that is all I know

ELIZABETH WATERHOUSE sworn.

I was servant, at this time, to Mrs. M'Cann; I was present on the night when Mrs. M'Cann put four marked medals and a sixpence into the till.

Q. What first happened in the morning, within your notice? - A. Mrs. M'Cann was up stairs; I went down and searched the till, and only found 1s. 1d. out of the money that had been left in the till over night.

Q. Do you recollect how much was left in the till, over night? - A. Six shillings and twopence, in money, four copper medals, and a silver sixpence; I went down to call Mr. Hay, but thought it improper to go without some other person; I went up again, to tell her I thought it was improper; when I came out again, I saw the prisoner coming down stairs; we stopped him; I called Mr. Hay in, and the watchman; they all went up stairs, and I followed them: I heard them speak of the money, up stairs, but I did not see him give them the money.

Q. It was not then that you searched the bed? - A. No.

MARGARET HUGHES sworn.

I went up stairs with Mrs. M'Cann and the last witness and Mr. Hay; I happened to put my hand upon Smith's bed, and felt something very hard, that I knew was not there the day before; I put my hand in, and found a large stone bottle of rum, and a lump of sugar, and 4s. 61/2d. in halfpence; they were in the feathers of the bed, all of a ruck together; two keys, one unlocked the bar door, and the other the till.

Q. How do you know that? - A. I saw them tried.

Q. And they opened both? - A. Yes; when the man was gone to the watch-house, I searched the bed again, and I found a picklock key in the bed.

Q. The same bed? - A. Yes.

Q. Smith did not lie with any body? - A. No; he objected to lie with any body.

Jury. Q. Were the other people asleep at this time? - A. No; they were not; when we first went up, (one is a porter to a Mr. Becket, in Long Acre; and the other, a labourer at a potatoe warehouse); I waked them, and told Kelly, one of them, to get up, for somebody had robbed my mistress.

Q. What was the prisoner? - A. A locksmith.

Q. Was he in work at this time? - A. I believe so; he used to get up very regularly; I found another key, afterwards, in his coat pocket, that was hanging up.

Q. What sort of a key is it? - A. This is it, a key with a hook at the end of it: (produces the keys and the halfpence).

Q. That is all you know? - A. Yes.

Cross-examined by Mr. Ally. Q. After he went out, you found the key in his pocket? - A. Yes.

Mr. Knapp. Q. But when did you find the keys in the bed? - A. Before he went, and the picklock key after I went up again.

VALENTINE ROMNEY sworn.

I am the watch-house keeper: The prisoner at the bar was brought to me, I searched him, and found upon him a knife and a key.

Q. Who has got the knife? - A. The Justice stopped it; he said, it should not do any more mischief; there was a screw-driver at the end of it: (produces three medals); I picked these out of a number of halfpence, that Mrs. M'Cann had in her apron, at the watch-house; the Justice desired me to keep them till the trial.

Mr. Knapp to Mrs. M'Cann. Q. Look at that medal, and the sixpence; were these the ones you put in your till? - A. They are.

Prisoner's defence. I went to bed about eleven o'clock, and was very much in liquor; I said there till six o'clock in the morning, and, as I was coming down stairs, they stopped me.

GUILTY , (Aged 21.)

Tried by the second Middlesex Jury, before The LORD CHIEF BARON.

[Imprisonment. See summary.]

[Fine. See summary.]

Reference Number: t17960113-46

103. JAMES BARWICK and WILLIAM WILSON were indicted for feloniously stealing, on the 17th of December , two wooden casks, value 4s. two gallons of spirits, called gin, value 15s. and two gallons of compound, called pepper-mint, value 10s. the property of Alexander Gordon and Malachi Foot .(The case was opened by Mr. Raine).

DAVID SAUNDERS sworn.

I am carmen to Messrs. Gordon and Foot, distillers , in St. John-street; they are in partnership; On Thursday the 17th of December, I went out with some goods in my cart; I left it in Oxford-street ; I was absent from it about seven minutes; I left three casks; and when I returned there were two of them gone.

Q. What time was this? - A. Between six and seven.

Cross-examined by Mr. Ally. Q. It was dark? - A. Yes.

Q. Could not you, positively, have dropped these casks out of your cart? - A. No.

Q. Where did you come from when you came to Oxford-street? - A. Carnaby-market; it was a close cart, with a tail-board; as close as the cart that had the silk in.

Q. You had not seen the casks, from the time you left Carnaby-market, till you got to Oxford-street? - A. Yes; I rode in the cart all the way.

Mr. Raine. Q. When did you last see them? - A. Immediately before I left the cart.

RICHARD FERRIS sworn.

I am an officer belonging to the Police-office, Worship-street: On Thursday the 17th of December, we had to go to Nathan's, a Jew, in Swallow-street, about some silk; near eight o'clock in the evening, I and some other officers, were in Nathan's shop; I saw the prisoners cross the way, about ten or twenty yards; and, when they got opposite Nathan's door, they crossed the way again; each of them had a cask with him; they knocked at Nathan's door, and Peach, the other officer, opened the door; the prisoner Barwick, was the first that went in, the other had his foot on the step; I pushed them both in; forward, shut the door, and bolted it; they then, directly, let the casks fall, and I took them into the parlour, and handcuffed them together; Mr. Peach fetched the kegs in, and an

iron crow, that dropped at the same time that the kegs did, on the same spot; we took them before the Magistrate, and they were committed; I asked them, where they got them, and they said, they found them.

Mr. Ally. Q. They told you they found them? - A. Yes.

WILLIAM PEACH sworn.

I am an officer belonging to Worship-street: I was with the last witness on the 17th of December, when the prisoners came to Nathan's, in Swallow-street; I was inside the door with another officer, Blackiter; I opened the door; Blackiter said, here are two with swags; that is, that they had something with them; I heard the kegs drop, and a crow; I said to Ferris, that is a crow, I will be bound for it; we took them into the parlour, and Ferris and Blackiter hand-cuffed them; there were two lights in the room; and I took one, and went into the passage, to see what it was that dropped; and I found these two kegs, and this crow, (producing them); I took them into the parlour; and one of them, Wilson, said, they did not belong to them, they did not know any thing of them, they were come in to buy a shirt, I think they said.

Court. Q. What does Nathan deal in? - A. Stolen goods.

Court. Q. That I take for granted; but what is his visible business? - A. He writes up "Nathan, Salesman."

Q. (To Ferris). Are these the same casks? - A. Yes; one of them fainted away, while we were handcuffing him.

Mr. Raine. (To Saunders). Look at these casks. - A. These are Mr. Gordon and Mr. Foot's; I know them by the marks; there is a brand mark, and a chalk mark upon them; P.M. White, and F. G.; they contained three gallons of peppermint, and three of gin.

Mr. Ally. Q. Your masters are eminent distillers? - A. Yes.

Q. They must have a vast number of casks? - A. Yes.

Q. And, I suppose, there is no difference between these casks and other casks, they are made in the same way? - A. Yes; but these are the casks that were taken away out of my cart.

Q. Is there any other person in the business with these two gentlemen? - A. No other name that I know of.

Q. Are there any other partners in your house? - A. No.

The prisoners left their defence to their counsel.

Barwick, GUILTY . (Aged 22.)

Wilson, GUILTY. (Aged 36.)

Tried by the first Middlesex Jury, before Mr. COMMON SERGEANT.

[Transportation. See summary.]

Reference Number: t17960113-47

104. ELIZABETH BENNET was indicted for feloniously stealing, on the 23d of October , three linen shirts, value 20s. a china plate, value 2s. and a brass skimmer, value 12d. the property of Nicholas Roberts .

NICHOLAS ROBERTS sworn.

I live in the Curtain-road : On the 20th of December last, I missed a pair of nankeen breeches, from off my drewers; the prisoner, I understand, came to assist my servant; upon missing this, it led me to a suspicion; and I examined my linen, and missed three shirts; the numbers of that class of shirts, if I may so say, ran from one to nine; I found all the intermediate numbers, except 1, 3, and 9, which were missing; search was made in the house, but to no purpose; they were not to be found; the servant had suspicion of this woman; she went out, and found her; some of the shirts were found at the pawnbrokers.

SARAH HARDY sworn.

I am servant to Mr. Roberts: the prisoner acted as charewoman in the house; I knew nothing of these things being gone, till my master missed the breeches; the next day my master missed some shirts; I went to the prisoner, and found her; she denied knowing any thing about it; I took her to the pawnbroker's, and found one of the shirts; then she owned to it, and told us where she had sold the other two shirts.

JAMES BROOKS sworn.

I am servant to Mr. Francis, pawnbroker, Shoreditch, (produces a shirt); I took in this shirt of the prisoner, on the 23d of October.

John Stockman and Thomas Davies were called, but not appearing, their recognizances were ordered to be estreated.

Mr. Roberts. I am certain this is my shirt.

Prisoner's defence. It was a case of necessity.(The Prosecutor and Jury recommended her to mercy, believing it to be her first offence).

GUILTY .

Privately whipped and discharged.

Tried by the first Middlesex Jury, before Mr. COMMON SERGEANT.

Reference Number: t17960113-48

105. MARY SANKEY was indicted for feloniously stealing, on the 19th of December , one hundred and twenty gallons of vinegar, value 4l. the property of Thomas Maynard and Andrew Crew Greville .

THOMAS MAYNARD sworn.

I have missed a great quantity of vinegar, at different times, from our yard; it was under a

shed, in the vats, which were covered over, except a small square part for the purpose of putting it in; in consequence of my man finding a tube going through the wall, which divides the prisoner's house from the yard, they sent for a constable, and went into the premises; that is all I know.

WILLIAM MARSH sworn.

I am a tallow-chandler and oil-man: On the 17th of November last, a person, quite a stranger to me, called at my house, and offered vinegar for sale, with a sample in a vial; he asked me if I wanted any; I told him I did not, supposing he had come from some maker; I asked him where he came from; he said, he was not in the trade, his name was Shaw, an ironmonger, at Islington; he had sent goods into the country, and the person had sent up half a hogshead of vinegar, soap, and candles in part of payment: he said the cost price was 35s. and if I would have it, I should have it for 30s.; I told him I had plenty in the house; he said afterwards he would take 20s. for he did not know what to do with it, he did not know any body in the trade; it was brought to me, by a man now in Court, in about an hour upon a truck, and I paid him the money for it.

Q. Have you ever seen that man since? - A. No.

JOHN HANSON sworn.

I am servant to Mr. Maynard: On Saturday the 19th of December, about three o'clock, as I was at work in my master's yard, pumping some vinegar out of the vats, and in pumping I wanted a wisp to put under the cock because it should not splash over; when I was placing that wisp, I hit my hand against something, and could not tell what it was; I thought it had been a stick; I held it fast; I thought to pull it away from me, but could not; I got a candle to look, and then it was gone; I found a hole in the wall about three quarters of an inch.

Q. Did it appear as if the brick had fallen out, or was it circular? - A. It appeared to have been done on purpose, as if it was bored; I called the cooper; he brought with him a twig about three foot long; we put it into the wall to see how far it would go, and it went quite through the wall, which I suppose is 14 or 15 inches thick; I desired him to acquaint my master; he went and fetched my master, and he saw the hole as well as me and the cooper.

JOHN MINSHULL sworn.

I work for Mr. Maynard, in the occupation of a cooper: On Saturday the 19th, the last witness called me and told me had found a hole in the wall; I went to him with a light, but the pipe was gone; I acquainted my master, and fetched a constable; when the constable came, I got over our premises into their's by a ladder; when I got over, I saw under their shed three half hogsheads full of vinegar; there was a fourth partly full.

Q. Were those half hogsheads in a line opposite to the vat where Mr. Maynard kept his vinegar? - A. Yes; I went into the house and saw Mrs. Sankey, but nobody else belonging to the house; we searched for instruments, as we supposed there must be, to draw vinegar from our premises, but did not find any for the space of an hour and an half; upon looking at another hole, where there had been some more appeared to be drawn off, by there being a great slop at the place, I discovered two tubes and a rod that goes through to take out a screw that is in the vat, (producing them); this screw is put in by them, and answers the purpose of a peg to the vat; after we had found these things, we tried whether they would answer the purpose of drawing the vinegar, and we found that it would, for we drew a pail full in five minutes.

Q. Is the prisoner a married woman? - A. Yes.

Q. Was her husband in the house at the time? - A. No; if he was, he was not to be found.

Q. You cannot swear to the property? - A. No.

MATTHEW THOMPSON sworn.

All I know about it is, that I took a cask of vinegar to Mr. Marsh's.

Q. Who desired you to carry it? - A. Mr. Sankey desired me to do that job for him.

Q. The prisoner's husband? - A. Yes.

STEPHEN WADDLE sworn.

On the 2d of the month, Mr. Sankey, I believe it was, (I have understood so since), asked me to draw a truck for him to Mr. Pitman's, the corner of Dyot-street, St. Giles's.

Court. You see, Gentlemen, although this practice seems to have pretty considerably prevailed, yet the prisoner's husband is the person who appears to have given orders: if the husband had been absent, it might have been a different thing; the husband being present, and giving the order, it appears to me that it is impossible to find her guilty.

NOT GUILTY .

Tried by the first Middlesex Jury, before The LORD CHIEF BARON.

Reference Number: t17960113-49

106. ANDREW MATTHEWS , and ISAAC ISRAEL , were indicted, the first for feloniously stealing, on the 5th of December , eleven pair of men's shoes, value 38s. the property of Robert Wills ; and the other for receiving, on the 8th of December , the same goods, knowing them to have been stolen .

ROBERT WILLS sworn.

I am a shoe-maker , No. 29, Queen Ann's-street West, Cavendish-square; the prisoner has been my journeyman nine months; Mr. Ford, who keeps a shop in Swallow-street, came to my house with the prisoner Israel; Mr. Ford told me he had a very disagreeable circumstance to relate to me; he pulled a pair of shoes out of his pocket, and asked me if they were mine? I told him yes, they were; he pointed to Matthews, and said, that is the man that has been robbing you continually; I have ten pair more that have been offered me for sale; I examined all the other shoes, I found them all to be shoes of mine; I have been in the continual habit of missing shoes; he seemed very much flurried and confused. The prisoner and my wife both serve in the shop, as well as myself; for that reason I cannot positively take upon me to swear that these shoes were absolutely stole from my shop, I have every reason to believe it from the evidence given, but I cannot swear that they were taken from me by a thief.

Mr. Knapp. Q. Israel did not work in your shop? - A. No.

Q. Matthews did? - A. Yes.

Q. He was not the person offering them for sale? - A. No; the man said, he always had them of the handsome Jew.

Q. Has not that handsome Jew absconded ever since? - A. He has.

- FORD sworn.

I am a shoe-maker; eight days before the prisoners were apprehended, a Jew came into my shop to sell me some goods.

Q. Do you know the man called the handsome Jew? - A. Yes.

Q. Is that the man? - A. No; he asked me if I had not bought a lot of new shoes? I told him I had; then, says he, I can give you some information.

Q. The shoes that are the subject of this prosecution? - A. No; a lot before these; he told me those shoes were come dishonestly by. From his information, I waited a few days, and the prisoner at the bar, Israel, brought me this lot; when he had taken them out of the bag, I bid him go with me; I took him then to Mr. Wills's shop.

Q. You had no knowledge of Israel? - A. No.

Court. There is certainly no evidence against Israel.

Court. (To Mr. Ford.) Q. Did he tell you who he had them from? - A. He said he always had them from the handsome Jew.

Court. There is no evidence to affect either of these prisoners; because Israel is charged as a receiver; and a receiver cannot be convicted till a principal is convicted; and, therefore, there is no evidence to affect either of them.

Both NOT GUILTY .

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

Reference Number: t17960113-50

107. WILLIAM HOPMAN was indicted for feloniously stealing, on the 21st of October , five linen shirts, value 12s. five pair of cotton stockings, value 6s. five pair of worsted stockings, value 9s. three pair of thread stockings, value 4s. two kerseymere waistcoats, value 4s. a velveret waistcoat, value 4s. two pair of thickset breeches, value 5s. a pair of velveteen breeches, value 10s. a linen smock frock, value 1s. 6d. a pair of leather shoes, value 4s. a silk handkerchief, value 12d. a muslin handkerchief, value 12d. a velveteen coat, value 30s. a guinea, and eight shillings , the property of Thomas Horn .

THOMAS HORN sworn.

I live servant to Mr. Blackburn, at Bush-hill, Edmonton : On Monday the 24th of October, between nine and ten in the evening, I missed my things; I had seen them about seven in the evening, in a room over the stable, where the two coachmen and I sleep, they were in a bag; there was a guinea in gold, and eight shillings and six-pence in silver, in my waistcoat pocket, that hung on a peg, it had been there a day or two; I missed the things mentioned in the indictment, (repeating them.)

Q. Were all these things in the bag? - A. No; some were on the peg.

Q. Was any part of your apparel left behind? - A. Only a coat I had on; I had but one penny in the world.

Q. Did you see any thing of the prisoner that day? - A. Yes; about ten or eleven o'clock in the forenoon; he was breaking a young colt for Mr. Blackburn; he used to be there three or four hours in a day.

Q. What time in the afternoon did you see the prisoner? - A. I did not see him at all in the afternoon, I saw him again the next morning; I had no suspicion of him. I did not see any thing of them again till last Monday; I saw a pair of stockings at Worship-street office, in the custody of one of the officers, they were marked R. C. they had been given to me; and I found some more of them at the pawnbroker's the same day.

Q. When was the prisoner taken? - A. Last Friday was se'nnght; he was taken up on suspicion of house-breaking; I went to the office to see if I could see any thing that was mine; I had heard that the duplicates were found upon him.

JOHN NEEDES sworn.

I am a pawnbroker in Brick-lane, Spitalfields;(produces a smock-frock); it was pledged with me on the 15th day of December last, by the prisoner at the bar.

Q. Did he give any account of it when he pledged it? - A. Not that I recollect; it is in the name of William Hockham , I lent him one shilling and sixpence upon it.

Q. Are you certain the prisoner is the man? - A. Yes.

JAMES WILLIAM TYLER sworn.

I am a pawnbroker, No. 110, Shoreditch; (produces a shirt, and a pair of stockings); they were pledged by a man of the name of William Hockham, the 31st of October; I lent him four shillings on them; I cannot say that the prisoner was the man. I have also a kerseymere waistcoat; (producing it); upon the 28th of October, I took that in of a person of the name of William Hockham.

Q. (To Horn). What led you to these pawnbrokers? - A. The duplicates found upon him.

JOHN TRIMMER sworn.

I am a wheelwright; I work with Mr. Eldridge, a farmer; his house was broke open, and I was at work at the house about ten yards off; a man came down to Edmonton, and said, there were some things found that had been stole from there; and we found a pair of stockings, marked R. C. in a bag.

Q. Where were they found? - A. Upon the prisoner, in Mr. Rombold's out-house, on Friday the 8th of this month.

Q. Was he taken up before you found the things? - A. No.

Q. You cannot tell how that bag came there, of your own knowledge? - A. No.

Q. You found in that bag, however, a pair of stockings? - A. Yes; and a white handkerchief, or a neckcloth, I cannot tell which.

Q. Did you find any pawnbroker's duplicates? - A. Yes, after that, at the Rose and Crown, at Edmonton; we watched in the shed, to see who would come for these things; and we saw him come in about half past eleven.

Q. Was any body with him? - A. No; as soon as he came in, a man laid hold of him; he said, don't hurt me, I will not resist; I caught hold of him by the collar, and told him, if he did, I would knock him down; I took him out of the shed, to a gate; a man said to him, he had got himself into the worst hobble he ever had got into; he said, he could not help it, he should be transported for it, he supposed; I had known him a great while, but never heard any thing ill of him before; I asked him what he had got about him, and he pulled out a red-morocco pocket-book, with five duplicates in it; (producing them)

Q. (To Needes.) Look at these duplicates, and see if any of them correspond with your's? - A. Yes; here is one for a smock-frock.

Q. (To Tyler.) Look among these duplicates, and see if you know any of them? - A. Yes; two of them, a shirt and a pair of stockings, 4s. 31st October; a waistcoat, 2s. 28th of October; both in the name of Hotham.

JAMES BROOKES sworn.

I am a pawnbroker, this bag (producing it,) was pledged at my shop, but the person that took it in could not swear to the prisoner.

Trimmer. I have the duplicates that were found upon the prisoner.

Q. (To Brookes.) Look at those duplicates, and see if there is one for that bag? - A. There is a bag, sixpence, the 17th of November; this corresponds with the duplicate that was upon the bag; it is in my mistress's hand-writing.

Horn. This is the bag that the clothes were in; the waistcoat is mine, it is marked R. C. I bought it of the person that gave me the stockings; these stockings I cannot swear to, there is no particular mark, but they are very much like mine; this shirt is mine, there were a pair of silver buttons in the sleeves.

Q. They are not there now, I suppose? - A. No; this is my frock, it has a stain behind the collar, and is worn at one wrist.

Prisoner's defence. They took away a handkerchief, and a pair of stockings from me, that are my own property, I hope I shall have them again.

Court. I can make no order about that.

GUILTY . (Aged 27.)

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

[Transportation. See summary.]

Reference Number: t17960113-51

108. GEORGE PARMENTER was indicted for feloniously stealing on the 24th of November , eighteen guineas and a half, the property of James Morland , and Samuel Gutteridge , in the dwelling-house of the said James Morland .(The witnesses were examined apart at the request of the prisoner).

JAMES MORLAND sworn.

I am a grocer : On Tuesday the 24th of November, I missed seventeen guineas and two half guineas; I counted them behind my own counter, between twelve and one o'clock at noon; I am in partnership with Mr. Gutteridge; there were fifty-seven guineas and two half guineas in cash, I put them in a drawer behind my counter, there was no

lock to it; about one o'clock I went up to dinner with my partner; I left my maid-servant in the care of the shop, there being nobody else at home; when I came down again, in about half an hour, or three quarters of an hour, there were two men in the shop, one was taking a pound of sugar off the counter, and put it in his left hand great coat pocket, they then went out of the shop.

Q. Was the prisoner one of them? - A. I cannot swear to his person; I followed them, and stood at the door some time, and then returned behind the counter; Mr. Gutteridge was then there, I opened the drawer in which the bag was contained.

Q. The money was in a bag, was it? - A. Yes, in a canvas bag; in taking up the bag, I told Mr. Gutteridge the bag was much lighter than when I left it; I counted the money, and, instead of fifty-seven guineas and two half guineas, there were exactly forty guineas and no half guineas.

SAMUEL GUTTERIDGE sworn.

On the twenty-fourth of November, the prisoner at the bar and one other man -

Look at him? - A. I am quite sure he is the man, they came and asked me to give them two half guineas for a guinea, between one and two o'clock in the afternoon, it was nearly two I believe, I told him I believed I could; I accordingly went behind the counter, took the bag out of the drawer that contained the gold; I laid it at first upon the desk, and looked for half guineas; I was, I suppose, half a minute with it on the desk, for I could not find one there; I then brought the bag from the desk, and put it upon the edge of the counter; I took the greatest part of the gold out of the bag, and laid it upon the counter, the prisoner then looked at the other man, who was standing upon the threshold of the door, and then he came forward and begged that one of the half guineas might be a rough edged one; I found one that was pretty rough, not a very new one, they accepted that; they then seemed as particular in having the other a new one; I found one more after some time, which was a smooth one, which they refused; they then said it was of no consequence, silver would do; I replied I could not conveniently space silver, it was scarce, I had rather give them a half guinea; I recollected I had got one in my pocket; in doing that, I rather turned my face towards the window from the counter; after a little while I found a half guinea in my pocket, which I gave them, and they accepted of it; the other two that they refused was returned to the gold upon the counter; while I was looking, they pointed at the money, and put their hands towards it two or three times, both of them; and I told them to keep their hands off, they could easily see there were no half guineas there; they then asked me for a guinea of Queen Ann's reign, that they saw among the gold; I told them I did not know whether there was one of that sort; if there was they might have it; I saw one that was a smooth one, whether it was a Queen Anne's guinea or not, I cannot say, which they had, and gave me another for it; the prisoner then asked me for a pound of twelve-penny lump sugar; I told them we had none at 12d; he might have a pound at 13d. which he had, and paid me for.

Q. Were the guineas still continuing on the counter? - A. I believe I had put them into the bag before I served him with the sugar.

Q. You weighed the sugar? - A. It was ready weighed.

Q. Did you observe any thing particular upon your putting the guineas into the bag? - A. No. I did not.

Cross-examined by Mr. Knowlys. Q. You live in this house? - A. I do.

Q. You are partners together? - A. Yes.

Q. And you allow for a part of your rent in your partnership accounts? - A. It is Mr. Morland's dwelling-house.

Court. Q. Who has the lease of the house? - A. Mr. Morland.

Court. But you allow him out of the profits for the shop? - A. Yes; and a room that is used for a lumber room.

Q. After this transaction was over of giving the money, these persons staid three or four minutes? - A. No; not more than one, just while I served the sugar.

Q. This money was laid on the counter? - A. Yes.

Q. If eighteen guineas were lost, it constitutes, you know, very near a third part of the whole, and yet you missed nothing of the quantity of the heap? - A. I had not a thought of it.

Q. You did not perceive, when you put the money into the bag, less weight than before? - A. No; but when I took it out again, I felt it weighed lighter than when I took it out before.

Q. Nor was your eye attracted by any vacant space upon the counter? - A. While I was in the shop, a wild bullock was going past, which took my attention.

Q. You returned to the money after that? - A. Yes.

Q. You perceived no space uncovered that had been covered with guineas? - A. No; they were lying close to the edge of the counter.

Q. Who was in the shop besides the two persons of whom the prisoner was one, and yourself? - A. Only the servant, Mary Graves , she went through the shop for some beer; I think she came through the shop twice during the time.

MARY GRAVES sworn.

Mr. Gutteridge came down and sent me for a pot of beer, he had just come from dinner; and on my return, there was a man standing with his back leaning against the door post, and two more in the shop; the prisoner was leaning over the counter, and the other standing with his back toward the window; the other said to Mr. Gutteridge, I am very much obliged to you, we have given you a great deal of trouble, he said, let it be a rough edged one; Mr. Gutteridge said to the man, I will look in my pocket, and he put his apron aside, and put his hand in his left hand breeches pocket, and gave him a half guinea; before Mr. Gutteridge pulled the half guinea out of his pocket, I saw the prisoner draw a guinea from the heap upon the counter, it was a new one; I don't know whether the other gave a wink or no, that I was looking at him; but he immediately turned round and looked at me; he then put his hand plump upon the gold over the top of it, and put his hand to his side, and said, silver would do.

Q. This was while Mr. Gutteridge was rumaging for a half-guinea? - A. Yes; I went up stairs immediately.

Q. When did you inform Mr. Gutteridge of this? - A. I went up with the beer and came down immediately, Mr. Morland followed me; when I came down, the men were taking up the sugar, and going out; I went to the door, and the man at the public-house opposite kept beckoning, and saying, Mawly, Mawly, and I thought he meant me; but he was calling my master, his name being Morland; I went over the way, and before I went out, my master had missed the money, and I told him what I had observed of these men, upon which Mr. Gutteridge was quite struck, and directly said, he thought it to be a fact.

Cross-examined by Mr. Ally. Q. When you came down, after ordering the beer, Mr. Gutteridge was in the shop, and the other gentleman up stairs? - A. Yes.

Q. I believe it was after he had missed the money you told them what you had observed? - A. Yes.

Q. Why did not you mention it when you first came into the shop? - A. Because Mr. Gutteridge being master, I did not know but it might be somebody come to take a bill, and I had no suspicion.

Q. You know it appeared an extraordinary thing, that a man should clap his hand upon the money, and then put it down to his side? - A. I had no thought at all about it, I had no suspicion.

JOHN COOKS sworn.

I am a constable: On the 10th of December last, I apprehended the prisoner at the bar, at the Dun-horse, in the Borough, on suspicion of the robbery in question, that is all I know of it.

Prisoner's defence. I have nothing to say but this, that, at the very time these people have swore to, I was at Mr. Cartwright's, a brandy-merchant in Blackfriar's-road, and I am sure your Lordship and the Gentlemen of this honourable Court will be convinced of it.

Q. (To Gutteridge.) You live in this house where the robbery was committed? - A. Yes; I board with Mr. Morland, and pay him for my board.

Q. And sleep in the house? - A. Yes.

Q. In what proportion do you pay for board and lodging? - A. The same as I should pay any where else.

Q. You pay that out of the profit of the business? - A. Out of my own profit.

Q. And for that part of the house which the shop constitutes, you pay an equal share of the rent? - A. He pays the rent to the landlord.

Q. And you allow him a share of the rent for that part? - A. Yes.

(The prisoner called eight witnesses, who had known him from four to twenty-six years, and who all gave him a good character.)

Mr. Knowlys. My. Lord, it appears to me, that in this case, the agreement between the partners has completely given Mr. Gutteridge the right to enter, and have an equal joint possession of that part of the house in which the felony was committed; and therefore by that contract of Mr. Morland, with Mr. Gutteridge, has completely separated that from the main body of the dwelling-house.

Court.(To Gutteridge). Q. Mr. Morland pays rent and taxes for the whole house? - A. Yes.

Q. As to the shop, an estimate is made of the proportion of the shop? - A. Yes.

Q. And out of the profit of the business, your share of that is taken? - A. Yes.

Q. You mean an estimate of the proportion of the whole rent, that you among you agreed to ascribe to the shop; that is, suppose the house should be 60l. you take twenty pound for the shop; and the half of that is deducted from your share of the profits? - A. Yes.

Q. It was in this shop that this transaction passed? - A. Yes.

Q. Do you deduct it from the partnership concern? - A. It is paid out of the partnership account.

Jury. Q. Whether they charge the partnership stock with the whole of the rent? - A. No.

Jury. Q. When they have balanced their stock, and have ascertained the whole amount, separate

from the shop, it is paid to the partner who holds the original lease? - A. It is so.

Court. Q. Whether it is taken out of the gross trade, or whether, after you have ascertained how much belongs to each, out of your share of the profits, so much is deducted for the rent; how did you last settle? - A. We have but lately gone into business.

Jury. Q. You would pay him for the part occupied by the business, though you might not have balanced your stock account, if he asked you for it? - A. Yes.

Court. Q. How much do you reckon your shop at? - A. Ten pounds.

Court. Q. How is that 10l. to be paid; is it to be taken out of the general fund of the trade, or taken out of your share of the profits? - A. Out of my share of the profits.

Q. Have you any servants in the shop? - A. Only the boy.

Q. Do you pay him wages? - A. Yes.

Court. Q. Is that taken out of the stock of the trade, before you begin dividing? - A. Yes.

Mr. Ally. Your Lordship sees he has free access to the house.

Court. As to that, he boards and lodges in the house.

Lord Chief Baron. There are a vast number of houses in this sort of way, and I think it would certainly be fit to be reconsidered.

GUILTY, Of stealing one guinea , (Aged 56.)

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

[Transportation. See summary.]

Reference Number: t17960113-52

109. JAMES HOPWOOD was indicted for feloniously stealing, on the 11th of January , nineteen yards of carpet, value 5l. the property of Robert Chipchase the elder, and Robert Chipchase the younger, in their dwelling-house .

ROBERT CHIPCHASE , junior, sworn.

Q. Do you and your partner occupy one house? - A. Yes; I and my father; we are cabinet-makers and upholsterers : I only prove the property.

Q. You both live in the house? - A. Yes; we do.

ANN LAURIE sworn.

I am shop-woman to Mr. Chipchase: On Monday last, about half after ten in the morning, the prisoner came in to the shop; there was nobody there but myself; I had just left the counting-house, and seeing a back door open, as I was coming back to my seat, I went to shut it, and saw the prisoner come in from the street, and take a carpet.

Q. Was it the prosecutor's property? - A. Yes; he put it on his shoulder and left the shop; he was about a dozen yards from me; I believe, he did not see me.

Q. What was there between you, to conceal you? - A. Nothing; the carpet stood very near the door.

Q. How long was he in the shop? - A. Not a minute; only while he put it on his shoulder; I followed him immediately.

Q. Did he go leisurely, or fast, or how? - A. Very leisurely, till he was out of sight of the shop; he then began to hasten his pace; he went up a street opposite the shop.

Q. Did you raise a cry against him? - A. I did not suspect him to be a thief, till he mended his pace; I saw a chairman, at a house adjoining; I desired him to call stop thief, for he had stole a carpet; he called after him, and he began to run he threw it down, and I staid with the carpet while he was pursued.

Q. Did you see the man taken? - A. No; he was brought back again in about five minutes.

Q. Are you sure he was the man? - A. Yes.

Prisoner. Q. Where were you when you saw me come into the shop? - A. I was shutting the back door.

Q. Why did not you ask me what I wanted? - A. I did not suspect him to be a thief; we have a number of men at work in our house; and there had been a man in, just before, with just such a coloured coat.

THOMAS HOBBS sworn.

I was sent for to the office, and apprehended the prisoner; he said, it was his first offence; he said, he should be very happy to go for a sailor or soldier.

Prisoner. I have nothing to say in my defence.

Court. Gentlemen of the Jury, the prisoner was taken in the fact, and he does not deny it, there can be no doubt about it.

Jury. My Lord, he has been laughing, and behaving very ill, during the trial.

GUILTY, Of stealing goods, but not in the dwelling-house ;(Aged 19.)

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

[Transportation. See summary.]

Reference Number: t17960113-53

110. JOHN HUGHES was indicted for feloniously stealing, on the 7th of December , a yard and a quarter of silk, value 7s. the property of John Perry and George Rigge , privately, in their shop .

GEORGE RIGGE sworn.

I am in partnership with Mr. Perry, in Drury-lane .

Q. Do you both live in the same house? - A. Yes.

Q. You know nothing of the robbery? - A. No.

Q. Nor was in the shop at the time? - A. No.

JOHN STRAP sworn.

I am shopman to Messrs. Perry and Rigge, woollen-drapers and fancy mercers : On the 7th of December; about eight o'clock in the morning, the prisoner at the bar came into the shop, and asked to look at some fancy waistcoats; I shewed him the pattern card; the counter was, at that time, covered with goods, that we were going to put in the window; there was this piece of silk upon the counter, the uppermost thing.

Q. Had you seen the piece of silk upon the counter before the prisoner came into the shop? - A. Yes.

Q. How near was you to the place where the silk laid? - A. Within half a yard; I covered the piece of silk with the goods I shewed him; he then requested to see another piece of the same kind he had looked out before.

Q. Was it by design you had covered this, or by accident? - A. It was rather by design.

Q. This silk was nothing of that fort that he wanted to see? - A. No; while my head was down, I heard the rustling of silk; I took the goods he looked at out of the counter; I took this third piece from under the counter, and I was obliged to put my head down to reach it out; I suspected it to be the piece of silk that I had covered; I shewed him another piece; he then asked what quantity was sufficient to make him a waistcoat, and, likewise, one for a little boy about twelve years old; I told him the quantity, and what the price of them would come to; he then fixed upon the pattern that he wanted; I went round the counter to get the patterns; and then I saw that the piece was gone; I then pushed too the door, which was not close; I then took the patterns out of the drawer, on the other side of the shop; and, not wishing to be alone, I called the boy to bring me a pair of scissars; the boy brought me a pair of scissars; as soon as I saw the boy coming, I told him, he had stole a piece of silk off the counter; he said, he had not, and turned about and went from me, across the shop, put his hand in the right hand pocket of his great coat, and took out a piece of silk, laid it upon the other counter, and covered it with a piece of goods that was spread upon the counter; he came back again to me, and said, he had not got it, and immediately crossed the shop again, to the place where he had laid the silk; he lifted up the piece of goods that he had covered the silk with, and said, here it is; I told him, I had seen him lay it there; by this time the boy had returned; I sent him to call Mr. Rigge; he very soon came; I related the circumstance to him, and he sent for a constable; the prisoner offered to pay for it; he would do any thing; he would go down upon his knees, or do any thing, that was his expression; Mr. Rigge has the silk, and has had it ever since.

Cross-examined by Mr. Ally. Q. Is that young man, that you speak of coming to the shop door, here? - A. No.

Q. How many shopmen have you? - A. None but me.

Q. I suppose you had a little suspicion, and that induced you to cover the silk? - A. Yes.

Q. (To Rigge). What is that? - A. A remnant of facing, for under waistcoats.

Q. Is that your property? - A. Yes.

Q. (John Strap). That is the silk that lay upon your counter? - A. Yes.

Prisoner's defence. I went into this shop to buy some waistcoats; as I was going to sea; I went in on the Monday morning to see a piece or two, this piece was enough to face two or three flannel waistcoats, to make me comfortable on board of ship; I desired him to give me a pattern, to be advised whether they would wash in salt water, as fresh water is sometimes scarce; I asked him for a pattern, he turned round to the other counter, and asked me where the piece of silk was I was looking at; I took it in my hand to the other counter where he was, and said, here it is; what I was going to take a pattern of was for flannel waistcoats; I pulled out the money, and said I would pay for it; says I, the only way will be, to send for some person; he sent for his master, and it might be ten minutes before he came, I sat down by the counter; and when he came, he said, he hoped I would not come to defraud him of such a piece of silk as this, as it was only facings for waistcoats; I said, I should not wish to go before a Justice, and I would take it with me, and pay him for it.

Mr. Ally. Does your Lordship think there is any evidence as to the capital part of the charge?

Court. I think there is a great deal of evidence.

Mr. Ally. My Lord, the statute of Elizabeth, was made to protect persons in their shops, who, with all their diligence, could not protect themselves; this man declares he had a suspicion that the prisoner was about to commit a felony, and yet he gives him an opportunity of committing that felony, by stooping down, and then he hears the rustling of silk. My Lord, I think there was a case decided by your Lordship, the case of Austin; which is the only case in the books that comes exactly up to the point now under consideration; but the case of Austin was this; he was prosecuted by an emi

nent jeweller, in the Strand, into whose good opinion he had contrived to ingratiate himself; but having some suspicion, he laid a plan to detect him; he marked some goods, and when he knew Austin was to come, he leaves the shop, and sets a person to watch, and leaves it entirely under the dominion and controul of Austin; he returned, after some time, looked for the property he had marked, and missed it. It was held, I think, by your Lordship, that that case did not come within the spirit of the act; inasmuch, as he supposed the prisoner was about to commit a felony; and, in consequence of his own want of diligence, gave him an opportunity to commit that felony. I submit to your Lordship, therefore, that it does not come within the Act of Parliament.

Court. In this case, there is sufficient evidence to go to the Jury.

GUILTY.

Of stealing to the value of 4s. (Aged 28.)

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

[Transportation. See summary.]

Reference Number: t17960113-54

111. SARAH BARKER was indicted for feloniously stealing, on the 26th of December , two cotton gowns, value 12s. a stuff skirt, value 2s. a muslin cap, value 6d. a muslin handkerchief, value 12d. and a linen apron, value 12d. the property of Christopher Hanson .

MARY HANSON sworn.

I sell milk in Whitechapel-road, near the turnpike: On the 26th of December, I lost the things mentioned in the indictment, (repeating them); the prisoner was my servant ; she had left me six months; I saw them a few days before; they were kept in a drawer in the chamber; it was not locked: I did not miss them till the 4th of January; on missing them, I went in pursuit of the prisoner, and found her in a person's room in Jewry-street, with a cap and handkerchief of mine on; I asked her where the remainder of the things she had taken were; she said she had made away with them, and would shew me where; she said they were at two different pawnbrokers; I took her with me, and charged her with a constable.

Q. You are a married woman? - A. Yes.(The gowns were produced by the two pawnbrokers, who deposed that they received them of the prisoner. They were also deposed to by the prosecutrix.

Prosecutrix. I left the cap and handkerchief in her possession; I believe she has made away with them while in confinement; she said they were mine, and I know they were.

Q. Did you say any thing to her to induce her to confess? - A. No.(The prisoner did not say any thing in her defence, but called Joseph Hurry , who deposed that she had neither father nor mother, but that he had taken her into his house, where she had been four years, and bore a good character).

GUILTY , (Aged 18.)

Tried by the first Middlesex Jury, before The LORD CHIEF BARON.

[Whipping. See summary.]

Reference Number: t17960113-55

112. JOHN MANCKE SHUMAKER was indicted for feloniously stealing, on the 6th of January , four pounds of starch, value 5s. eight pounds of hair powder, value 8s. and six pounds of pomatum, value 5s. the property of Joan Hendrie , and Patrick Hendrie .

PATRICK HENDRIE sworn.

Q. Are you in partnership with Joan Hendrie ? - A. Yes; the prisoner is my servant ; his business was to make up wash-balls and pomatums: On Wednesday the 6th of January. I discovered four pounds of powder concealed under some paper, in a room where the prisoner works; in which room we never keep powder: on which, I suspected the prisoner had robbed me; in the evening when he came in from his work to go home, I called him, with the rest of the men, into the counting-house; and, on searching them, when I came to the prisoner, I discovered his breeches to look very bulky; without examining him, I took a coach, and took him to Bow-street; when we got there, in the front of his breeches, he had a paper of starch; one of the officers searched him, and, in the back part, he had eight pounds of powder, and, in his pockets, six pots of pomatum, which are my property; I marked the four pounds of powder that was in his room; one pound of them he had in his breeches, the whole of the four pounds was gone.

Q. Had you marked the pomatum? - A. No.

Q. Had you missed the pomatum? - A. No; he might have taken ten times as much without our missing it.

Mr. Knowlys. Is there not some other person in the business, besides the person you have mentioned? - A. No; she is my mother.

ARCHIBALD RUSHWAITE sworn.

I am a constable; I searched the prisoner; in his breeches there was this paper of starch, and, in the hind part of his breeches, eight pounds of powder.

Prosecutor. It is marked with a P, and part of an H.

Prisoner's defence. He told me if I was to tell where I was to carry this, he would not hurt me.(The prisoner called four witnesses, who gave him a good character.

GUILTY .

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

[Whipping. See summary.]

[Imprisonment. See summary.]

Reference Number: t17960113-56

113. MARY BIGGS was indicted for feloniously stealing a woollen cloth great coat, value 20s. the property of William Brickell , Dec. the 8th .

WILLIAM BRICKELL sworn.

I live in East Smithfield; I am a taylor ; the prisoner worked for a man that worked for me; she worked in my shop for about six weeks before this happened. On the 18th of December, about nine o'clock, I missed a great coat out of the workshop; it was a new great coat, it had never been worn; I laid it in the shop the night before, about two yards distance from where they sat; there were a great many coats under it; I had laid it uppermost to carry home that morning; between ten and eleven o'clock, I found it at Mr. Windsor's, a pawnbroker, in Whitechapel; I had searched at several pawnbrokers before I found it.

Q. Who produced it to you? - A. One Samuel Jones .

SAMUEL JONES sworn.

I am journeyman to Mr. William Windsor , pawnbroker, in Whitechapel: I took in a great coat, on the 18th of December, between eight and nine o'clock, of the prisoner at the bar; she said, it was her husband's; she made a better appearance then than she does now; she said, her name was Shaw, and that she lived in Red Lion-street; I lent her half-a-guinea on it.

Q. How soon did you see her afterwards? - A. In about two hours, at the prosecutor's shop; they brought a man and woman to the office, I said, they were not the person; I then went down to Mr. Brickell's house, and the prisoner was there at work; I am sure the prisoner was the woman that pawned it. (It was produced in Court, and deposed to by the prosecutor).

Prisoner. I never was out of the shop from the time I went to work, at eight o'clock, till this man came and took me out.

THOMAS WEDDERBURN sworn.

I am a taylor, I made the coat; I went with Mr. Brickell to the pawnbroker's; he said, it was pawned by an old woman; in consequence of which, he took up an old woman that works with him; when she was brought to the pawnbroker, he said, that was not the woman.

Jones. It is a strange story, I don't know what he means; he was not at our house with the prosecutor.

Q. What did you say to the prosecutor? - A. I said it was an elderly, short woman, in a black gown, I believed; they shewed me a woman in the lock-up house, she was not the woman.

Q. (To Brickell.) What description did the pawnbroker give you of the woman? - A. When I went to the pawnbroker's, I had nobody with me; he said it was a short elderly woman.

Q. Was he shewn any other woman? - A. Yes; an old woman that had worked with me before, but that was not the prisoner. This is my coat, I found it in Mr. Windsor's shop; Wedderburn made it.

Court. Were you in the shop when the prisoner came to work that morning? - A. No; I were in bed; I saw her in the shop about nine o'clock.

Prisoner's defence. I went to work ten minutes before eight, and was never over the door till Mr. Brickell came and fetched me away.

GUILTY . (Aged 27.)

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

[Imprisonment. See summary.]

[Fine. See summary.]

Reference Number: t17960113-57

114. JAMES BUTLER was indicted for burglariously breaking and entering the dwelling-house of Thomas Lock , on the 26th of December , about the hour of one in the night, and stealing a cloth coat, value 5s. four pair of nankeen breeches, value 12s. a pair of leather breeches, value 7s. a man's hat, value 12s. a pair of men's shoes, value 4s. two muslinet waistcoats, value 10s. and one hundred and forty-five base metal coat buttons, plated with silver, value 1l. 16s. the property of the said Thomas Lock , in his dwelling-house .

THOMAS LOCK sworn.

I keep the Oxford-arms Inn, in Warwick-lane : On Sunday, the 27th of December last, when I got up in the morning, I found somebody had been in the house, by means of the dining-room window, which I found open when I got up, about a quarter after eight; it had been discovered before.

Q. Who shut the window over night? - A. My servant. Mary Locker , I believe; she was the last person up.

Mr. Knapp. Have you any partner in your inn? - A. I have not.

MARY LOCKER sworn.

On the 26th of December, in the evening, I cannot say what time, it might be between six and seven o'clock, I pulled the window down; I cannot be certain it was close, it was not fast.

Q. Was it dark? - A. Yes; I had a candle in my hand.

Q. Was nobody in that room afterwards? - A. I cannot say; I was backwards and forwards in the course of the evening, after that.

Q. Somebody might go in, and throw it up? - A. I don't know.

Q. It might be thrown open on account of a noise in the street? - A. It does not look into the street.

Prosecutor. My house is in a confined yard, that shuts in with gates: this is a part of my private house; I was in the room about eleven o'clock, it it had not been down, I think I should have seen it.

Mr. Knapp. You don't know whether it was then pulled down or not, or whether anybody had been in the room or not, or what time it was? - A. No.

Jury. (To Locker). Q. You did not fasten it when you pulled it down? - A. No.

Q. Are there any fastenings? - A. Yes.

Prosecutor. I passed it at half past eleven in the gallery, on the outside, I think it was shut then, I cannot positively say; I think I must have seen it if it had not.

Q. Who was the first person up in the morning that discovered it? - A. The carman.

Q. How far is it from the street? - A. One hundred and fifty yards, I suppose.

Q. Do you know any thing of the prisoner? - A. He had lived servant with me as ostler; he had left me three months; after I had been into the ostler's room, I saw the gates fast; I chained the dog to the post in the yard, and no stranger dare have passed him; in the morning the dog was loose; I had a suspicion of the prisoner. On Monday morning, the 28th, I went and examined his lodgings, in Fox-and-Knot-court, in the house of one Bates; I enquired for the prisoner, James Butler ; Mrs. Bates said, she did not know any such person; I found the prisoner there, and called him down, and the officer took charge of him; this was at Bates's door. I returned, and desired Mrs. Bates to let me go up stairs; this she objected to, without the prisoner went up with me; I went up with the prisoner and the officer, and we found two bundles, containing the things mentioned in the indictment, except the hat, (enumerasing them). I asked the prisoner where my hat was; he said, if he had it, it was in the room; we did not find it; it was afterwards produced by Bates's wife, it was below stairs; we took the prisoner to the Compter at half past ten o'clock; we went down to the prisoner's lodging again, and I found a pair of shoes, and about thirty pounds of bacon, which is not in the indictment; the things have been in the custody of the officer ever since. (The things were produced in Court, and deposed to by the prosecutor).

Cross-examined by Mr. Knapp. Q. Whereabouts is the value of the things?

Court. They are under the mark altogether.

Q. You found the prisoner at home? - A. Yes.

Q. At the very place it was to be expected to find him-was he drunk or sober? - A. It is impossible for me to say; I believe he was sober. I asked the prisoner, as he was going to the Compter, how he could go into my house, who had been such a friend to him; he said, he was intoxicated; that it was as light as noon-day.

Court. Q. Were all these things in your dining-room on the Saturday night? - A. They were; I did not see them on the Saturday night, I saw them on the Friday night.

RICHARD HORTON sworn.

I am carman to Mr. Lock: On Sunday morning, the 27th of December, I got up about half after seven.

Q. Was it light? - A. Yes; I saw the window open.

Mr. Knapp. Q. You were not up the first person in the house, were you? - A. I don't know, I believe so; I was the first person in the yard.

Court. Q. What did you do when you saw the window open? - A. I did not take any notice of it; I had seen it open before, the gate was open when I came down.

Q. Does the gate open on the inside? - A. Yes; there is no lock to it, the bolts were put back.

Mr. Knapp. Q. The gate was fastened on the inside? - A. Yes.

Q. You have seen the window open before in a morning? - A. Yes.

ROBERT WEATHERAL sworn.

I am a constable; the prosecutor came to me, and I went with him to Fox-and-Knot-court, Cow-lane, and found the things; the prisoner was at home.

JAMES DAVIS sworn.

I am a constable: On Monday, the 28th of December, I went with Weatheral; when the prisoner came down stairs we went up, and searched the room, and found the things mentioned in the indictment, except the hat and shoes.

THOMAS BATES sworn.

I am a porter: I live in Fox and Knott-court, Snow-hill; the prisoner had been a lodger with me about ten days or a fortnight; he always behaved very civil and honest to me; he did not come home on Saturday night; the next morning, about half after seven o'clock, I got up in my bed, and my girl got up to light the fire; there is a little court before the house, and a gate about seven or eight foot high, that we lock up of a night; she ran in, and said, "Daddy, I have found a new hat; and there are more things;" and she brought in a bundle, and went and brought in a basket; my wife and I got up, and, just as we were dressed, the prisoner came home, and appeared very much in liquor; my wife said, we made it a rule, if persons staid out all night, they should forfeit a pot of beer; he said, he was very willing to do it; and that we should go and have it, which we did, I said, James, we

have got some things which we have found in the court, are they your's? he said, he believed so; he went up into his room; he took the things out of my room up into his own room; he then came down again, and the young man, that slept with him, and he went up to Oxford-road, and came home to dinner; he went out again, and came home at night, and went to bed.

Cross-examined by Mr. Knapp. Q. He came home very much in liquor? - A. Yes.

Q. He came home to his lodging, then went to Oxford-road, and returned to his lodgings again? - A. Yes.

Q. And, at his lodgings, he was taken up? - A. Yes.

Q. He had time enough to have done any thing with the property? - A. Yes.

Prisoner. I leave my defence to my counsel.

Prosecutor. Previous to this, I believe he bore a very good character.

GUILTY, Of stealing the goods to the value of 39s. but not guilty of breaking and entering the dwelling-house .

(Aged 28.)

Tried by the London Jury, before Mr. COMMON SERGEANT.

[Imprisonment. See summary.]

[Fine. See summary.]

Reference Number: t17960113-58

115. THOMAS JACKSON was indicted for burglariously breaking and entering the dwelling-house of Benjamin Chandler , on the 22d of December , about the hour of five in the night, and stealing seven yards of woollen cloth, value 2l. the property of the said Benjamin.

BENJAMIN CHANDLER sworn.

I live in St. Paul's Church-yard ; I am a woollen-draper : I was in the counting-house, with my back to the window; I did not see any thing of the transaction; my servant brought the prisoner in; I only speak to the property.

JAMES SMITH sworn.

I am servant to Mr. Chandler, in St. Paul's Church-yard: On the 22d of December, about half past four in the afternoon, I went out, to order some beer for some workmen, who were at that time in the house; on my return, as I passed the window, on the outside, I saw a piece of goods move out of the window; when I came in, I saw the prisoner take it off the iron rail, within the shop, and go off with it; he was in the inside of the shop; when I went out I shut the door: I immediately took him by the collar, with my right hand, and the goods in my left, and dragged him back into the counting-house, to Mr. Chandler.

Q. You have no doubt it is your master's property? - A. I can swear to the property.

Cross-examined by Mr. Ally. Q. You shut the door, as usual, when you went out? - A. Yes; I left it on the latch.

Mrs. CHANDLER sworn.

I saw the prisoner open the door, take the cloth with his left hand, and put it under his right hand, and turn to get out of the door.

Q. Was the door shut then? - A. Yes; it was shut.

Q. Do you know what o'clock it was? - A. Yes; about half past four, the 22d of December.

The prisoner did not say any thing in his defence.

GUILTY, Of stealing the goods to the value of 39s. but not guilty of breaking and entering the dwelling-house .

Tried by the London Jury, before Mr. COMMON SERGEANT.

[Transportation. See summary.]

Reference Number: t17960113-59

116. MARY RILEY was indicted for feloniously stealing, on the 25th of December , one woollen blanket, value 6d. the property of Richard Crutch ; a piece of woollen blanket, value 2d. a linen sheet, value 4d. and a cloth coat, value 2d. the property of William Gay .

RICHARD CHALICE sworn.

I am a watchman, in Fleet-market: On the 25th of December, about twenty minutes after ten, I saw the prisoner at the bar, and another woman, in company with her, come across the market, on to my beat; I perceived the prisoner to have something rather bulky in her apron; I went up to her, and asked her, what she had got in her apron; she made no answer, but threw the contents down on the ground; I perceived that they were blankets and sheets; she ran away almost to the top of the market, and I ran after her; I never lost sight of her; till I took her; she had got four or five hundred yards, or more, when I laid hold of her; she said, "you have got me, damn it, never mind, it will only take me over the fish-pond;" I took her back to where she dropped the property, and found a brother watchman in possession of it; I desired him to take it to the watch-house with us; the constable of the night asked her where she got it; she said, a butcher's boy, in the market, gave it her; he said, she must be detained till we found an owner; in about a quarter of an hour after, I was sent for, to the watch-house; Mary Crutch was there; she said, it was her property; she told her, if she confessed to the parties that gave it her, or were concerned with her, she would forgive her.

Court. You must not tell us what she said.

Cross-examined by Mr. Gardner. Q. Have you al

ways given the same account of this transaction? - A. Yes; I was examined at Guildhall.

Q. You have said nothing about any alarm being given? - A. There was no alarm given.

Q. Did you never say there was? - A. No.

Q. Did you never, on any occasion, impute this felony to any other person? - A. No; I said thus far, as soon as I got on my beat, I heard a whistle from a man, and another whistle below Harp-alley, that gave me a suspicion something was going to be done.

Q. Had you any conversation with Mrs. Crutch? - A. Never; I said to her, I heard two men whistle.

Q. Did you never say you saw two men? - A. I saw a man whistle, and another man below Harp-alley answered the whistle.

Q. How far from this place where she dropped the things? - A. Nine or ten yards.

Q. You never had any conversation with Mrs. Crutch? - A. None but what I have said here; when she came into the watch-house, she said this property was her's; I told her I heard a whistle by Black-horse-alley, and another whistle at Harp-alley, and I suspected a house was going to be broke open.

Q. Had you any conversation with her, whether there was any reward in this instance, or any other? - A. Never.

MARY CRUTCH sworn.

I live at No. 28, Sea-coallane, I keep a butcher's shop, No. 15. Fleet-market : On the 25th of December. Christmas-day, that shop was robbed of the things mentioned in the indictment, (enumerating them); my sister, a Mrs. Gaylay in my shop; she went down to the shop to go to bed, at a quarter after ten; she came back, and said, the place was robbed of the things off the bed; I went immediately to the watch-house to get a light, and they shewed me the things, and asked if they were mine; I knew them to be my property.(They were produced in Court, and deposed to by the prosecutrix.)

Cross-examined by Mr. Gardner. Q. By what mark do you know the bit of blanket? - A. There is no particular mark; I know it to be mine.

Q. Don't you suppose, about this town, there may be many bits of blanket like one another? - A. Yes.

Q. How many bits of blanket now do you think there may be like this? - A. I suppose many hundreds.

Q. The circumstances being so that there may be many hundred bits of blanket like that, and that having no mark, how can you swear to that? - A. There was no other bit of blanket in the watch-house, and a bit was lost off the bed.

Q. Upon what ground did you swear so positively to it? - A. A piece of blanket was lost off the bed at the same time as the blanket and the coat, and they were all in the watch-house.

Q. Instead of swearing that that is the blanket you lost, the utmost you now swear is, that you lost a bit of blanket like that? - A. That is all I mean to swear.

Q. Do you know the coat? - A. Yes; it is burnt with putting over walnuts.

Court. Q. You lost a blanket, a sheet, a piece of blanket, and a coat? - A. Yes.

Q. Have you a doubt upon any one of them? - A. I have not the least doubt in the would that they belong to me.

Mr. Gardner. Q. Do you know the prisoner? - A. Yes, by sight.

Q. You have no reason to have a bad opinion of her? - A. No; I have no bad opinion of her now.

Q. Whether to your knowledge she has not before now been at your shop? - A. No; not that I know of.

Q. Don't you know something of two men having committed this robbery? - A. I said I suspected two men, and said, if she would tell me, I would not hurt her; I have a very great suspicion of two men, especially one; I don't think she broke the shop open; there was a woman with her had a muslin apron, else, I suppose, she was to take the things; but the prisoner had a blue apron.

Court. Q. You know nothing about the matter, I suppose? - A. No; only what the watchman told me.

Q. You did not see any woman with her? - A. No.

- GAY sworn.

I can swear to the coat, it is my husband's, it was on the bed that night; I think I can swear to the sheet, but positively I can to the coat; I think I can safely swear to every thing here.

Prisoner's defence. On the 25th of December, I was coming down Fleet-market, at ten o'clock, a young man, like a butcher, asked me to hold the things, till he fastened his shoe and tied his stocking up; I was then going to give them to him, he said, no, he would treat me; we were going to drink; crossing the way, the watchman stopped me, and the man ran away; I threw the things down and said, you don't see after him; he said, no, the person with the property I want.

Q. (To Challice.) You described two women in company, was there any man with them? - A. No.

(The prisoner called three witnesses, who gave her a good character).

GUILTY, Of stealing to the value of 1s.

Tried by the London Jury, before Mr. COMMON SERGEANT.

[Imprisonment. See summary.]

[Fine. See summary.]

Reference Number: t17960113-60

117. DANIEL FOUNTAIN was indicted for feloniously stealing, on the 13th of January , two tin cans, value 4s. and eight gallons of lamp oil, value 20s. the property of George Rogers .

GEORGE ROGERS sworn.

I know nothing of the loss.

JAMES WALL sworn.

I am a constable: In consequence of an information that I received of a cart being two or three mornings in Petticoat-lane, which brought oil there, knowing it came from Cripplegate way, and knowing Mr. Rogers dealt in oil, I went last Saturday week to ask him if he had lost any; he told me he did not know of any being sent there at all, and took me into his back premises and shewed me a cart, and asked if that was the cart that went there; I told him I did not know the cart, but would take care to attend early every morning, with other officers, to find it out; accordingly, on Wednesday morning, between seven and eight, the prisoner came with the same cart I saw there, with a quantity of straw, that I could not see what was in the cart, and went and stopped at the house I had been informed of before; he took out the back board of the cart, and removed some of the straw, and was going to take out a bag; I went up to him, and asked what he had got there; he told me it was oil; I asked him where he brought it from; he told me a Mr. Tyler, or Tyrrell, from the other end of the town, I asked him if he had any bill of parcels with it; he said, no, his fellow-servant was coming with it; I told him it was an odd way to bring oil in sacks; it was in tin cans in sacks, one in each sack; I asked him where he was going to take them; he said, into that house, Mr. Davies's he called it; I left the prisoner in custody with Bray, the other officer, and went into the house and enquired whether any oil was coming there; they replied, no, they knew nothing about it; I took the prisoner in custody, and before the Lord-Mayor; Mr.Rogers's servant came; it was a similar cart with that I saw at Mr.Rogers's; it was not Mr. Rogers's; it was a cart with the name of Tanner, Grub-street; no such person keeps a cart, we have made enquiry; a person of another name came to claim the cart.

Q. Who came to claim it? - A. One Williams, a wheeler, in Old-street.

JOSHUA BRAY sworn.

I am an officer; I was along with Mr. Wall last Saturday morning, waiting for this cart coming; at last I saw it come, and went towards it, and made a look into it, and perceived there were sacks covered with straw; I walked a little past it, and waited to see where the man would stop; he stopped and took his tail-board off.

Q. Who was that man? - A. The prisoner: I said to him, what have you got in this cart; said he, it is oil; I said it was an odd form to bring oil in; I said, where did you get it from; he said, from the other end of the town, from one Tyler, or Tyrrell, I don't know which; I asked if he had a bill of parcels; he said his fellow-servant was coming with one; I took the man in custody, and Wall took the cart, and went towards Grub-street, where the name directed on it; I then got intelligence that the horse belonged to the prisoner; he said the horse belonged to him at first, but the cart did not; but where the name directed, he seemed unwilling I should go that way, knowing Mr.Rogers lived that way; I said I should go there first; he then told me the cart belonged to Williams, in Old-street, and that he had borrowed it or hired it, which I cannot be positive; when I came to Mr.Rogers's house, we found he was a man that worked at Mr.Rogers's, and that it was most likely the oil belonged to Mr. Rogers.

JOHN SHEPHERD sworn.

I am Mr.Rogers's foreman; he is an oilman; these cans belong to Mr. Rogers.

Q. Are you sure the cans belong to Mr. Rogers? - A. Yes; I have seen them frequently, but not of late; I have not seen them these two or three months, till I saw them in the cart; the prisoner used to be sent out with oil in these cans; sometimes they did not come home for two or three months together; they are sent out before the casks are out, and come back in a course of time.

Q. Where they ever sent out of Mr.Rogers's shop to any where in Petticoat-lane? - A. Never.

Q. Have you any customer there? - A. No.

Q. Does Mr. Rogers supply the Ward of Cripplegate with oil? - A. Yes.

Q. (To Rogers.) Do you know the cans? - A. No; the officer came to me, and mentioned that oil was carried to Petticoat-lane; I shewed him a cart, and asked him if that was the cart that carried the oil; he said he could not tell, but he would watch; I have employed the prisoner for the carting of oil occasionally, as a labourer, for several years. I always looked upon him as a very honest man, else I should not have kept him in my employ.

Prisoner's defence. I went and harnessed the horse, and took the cart, and went to Chiswell-street to have a pint of twopenny; a man came and asked me to take these things to the other side of Moorsfields; I asked him what he would give me; he said he would not fall out with me; I was going to Spitalfields for potatoes.

GUILTY . (Aged 59.)

Tried by the London Jury, before The LORD CHIEF BARON.

[Transportation. See summary.]

Reference Number: t17960113-61

118. JAMES MACKAY was indicted, for that he, being convicted on the 8th day of December of the crime of larceny, was found at large before the expiration of the term of seven years, for which he was ordered to be transported .(The indictment was stated by Mr. Vaillant, and the case opened by Mr. Knowlys.)(The record of the conviction was read.)

JOHN KIRBY sworn.

Cross-examined by Mr. Knowlys. I know the prisoner; he was tried here for stealing a bag with a 5l. bank note, and a banker's check; it was at the September adjourned Session, held on the 8th of December; he was tried on the 13th; he was found guilty, and received sentence to be transported; he was afterwards pardoned, upon condition of serving his Majesty in the sea service.

Q. Have you that pardon? - A. I have, (produces it, it is read.)

Q. After that pardon came down, what became of the prisoner? - A. I went with him to the regulating captain, on board the Enterprize off the Tower.

Q. Was he acquainted with the condition of that pardon? - A. I went with him, and told him and every man of the contents of the conditional pardon; he did not go down with the whole of the prisoners, for he was not well at the time, and therefore I told him particularly that he was pardoned, on condition of serving the King; I have my receipt for delivering him up. (produces it).

JAMES OLIVIER sworn.

Examined by Mr. Vaillant. I am clerk to his Majesty's ship the Enterprize; it is a tender.

Q. Do you know James Mackay ? - A. I cannot swear to his person; I remember a person of that name being brought by Mr. Kirby from Newgate, pardoned on condition of his serving his Majesty; it was on the 29th of May.

Q. (To Mr. Kirby). Was that the day on which you delivered him? - A. Yes.

Q. (To Mr. Olivier). How long did he remain on board your ship? - A. He was delivered the same day to the Sandwich

- LLOYD sworn.

Examined by Mr. Knowlys. I am midshipman on board the Kite sloop of war.

Q. Do you remember the person of Mackay, the prisoner? - A. I do; he was received on board the Sandwich.

Q. When was it he was received from on board the ship? - A. I don't recollect the day exactly.

Q. Were you on board the Sandwich? - A. No; on board the Kite.

Q. How long did he continue on board the Kite? - A. Till the 26th of November; when he had liberty to go on shore for a few hours.

Q. Did he return on board the Kite again? - A. He did not.

Q. Has he never been seen on board since? - A. Never since.

Q. Have you the ship's book here? - A. No. it is on board the ship; I have the liberty book of the ship.

Q. Is that the book, in which the persons, having leave of absence, are entered regularly? - A. It is.

Q. Who keeps that book? - A. The officers, in rotation.

Q. Do you see an entry of leave for the prisoner to go on shore there? - A. Yes.

Q. In whose hand-writing is that entry? - A. The commanding officer at that time.

Q. Who was that? - A. Lieutenant Clark, who is now at sick quarters.

Q. Do you know his hand-writing? - A. Perfectly well.

Q. Is that his hand-writing? - A. It is.

Court. Q. Is there any return of that to the commanding officer? - A. Always; it is the original.

Q. Who is it shewn to? - A. The captain when he is on board; if he is not, to the commanding officer.(The entry read.)

"Time of leave given, 26th November, James"Mackay, (bondsman, Thomas Hardy ), not returned, gone on shore."

Q. What is the usual leave of absence? - A. Twelve hours.

Q. If there be a further leave, is that further leave entered? - A. It is.

JOHN SAYERS sworn.

I am an officer belonging to Bow-street: I apprehended the prisoner in Holborn, on the 24th of December.

Prisoner's defence. My Lord, and Gentlemen of the Jury, I was apprehended in December, 1794, and tried and convicted for seven years transportation; after being in prison about six or seven months, I received a pardon, to go to sea, as a sailor; upon what condition I was never told; I

was put back because I was not sit to go; and they took the rest of the men away, and left me three weeks after the rest; I was put on board the tender, from thence on board a guard ship; when our ship went to sea, and in six weeks it was wrecked; we made for a harbour as quick as possible; when we came into harbour they drasted the best men on board another ship; when it came to my turn, I asked liberty to go on shore; my sister, at that time, I was informed, was in London, had got a sum of money in her hands; I knowing the ship could not be ready to sail for less than eight weeks, I took too much liberty in coming to London; but the conditions of my pardon I never was told; and, like many other-foolish men, I stopped longer than I should have done.

Q. (To Lloyd.) Is what the prisoner has said, true? - A. It is; the ship lost her masts, but was not wrecked.

Q. What is the usual time of leave of absence? - A. Twelve hours only.

GUILTY , Death . (Aged 30.)

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

Reference Number: t17960113-62

119. MARY M'CARTY and ANN TORBENT were indicted for feloniously stealing, on the 10th of January , a guinea and a half , the monies of Antonio Panseri .

ANTONIO PANSERI sworn.

I am a foreigner; I have lived in Crown-street, soho, these eight years; my master is a smith, I have worked for him all that time; he is a foreigner; I lodge in the same house with him: Yesterday was a week, by accident, I went into a public-house, not far from St. Giles's; I don't know the name of the street, it was Dyot-street, or somewhere thereabouts.

Q. What public-house had you been at before? - A. I came from the Crown, in Crown-street; I had been there pretty near the whole day.

Q. What took you to this other public-house? - A. By accident I went in and ordered some beer, between ten and eleven o'clock at night; I saw these two women and many more, in the public-house, and I asked the prisoner, M'Carty, she with the child in her arms, if she would drink; and she said, yes, and she did drink; I asked her, whether she was single or not; she said, she was single; and I told her, that I was a single man; I told her, it was a pity, a young woman like her should be single, and we might have an alliance together, if we had a little time to talk; then, she said, if I would go with her, to her room, we would talk about it; but I would not go; I did not like to go; I asked her to come along with me, but she would not; and, at last, I went along with her.

Q. What time of night was it when you went away with her? - A. It was not quite eleven; but it was very near; I went along with her, and the other woman followed us; they brought me to a room in Gerrard-street ; I thought the house did not look so well as I could wish; I had a bit of a suspicion, not seeing the house so pleasant as I wished; and I began to feel for my money, to see whether I had been robbed or not; I had two half-crown pieces, one guinea, and a half-guinea, loose, in my trowsers' pocket; I had but one pocket.

Q. Where were you when you felt for your money? - A. I believe it was in the passage of the house; I had some other money besides that; I went in with both of them, into a parlour, upon the ground floor, and a candle was got directly; I don't know whether it was lighted before I went in or not; as soon as we were in the room, M'Carty said, she had heard that I had been injured with venereal complaints, and therefore she would not have any thing to do with me, till I shewed her whether I was or not; she stood far from me; the other woman stood quite close to me; at last, I found myself robbed; I missed my money in an instant, as soon as I gave her an opportunity to put her hand in my pocket.

Q. Did you allow her to put her hand in your pocket? - A. I don't know how she got it; she must have put her hand in, but I don't know how she did it.

Q. How long had you been in the room before you missed your money? - A. Eight or ten minutes, not more; as soon as I found myself robbed, I caught hold of the woman, Torbent, and told her she had robbed me, she said, she had not: I directly ran to the door, and called watch, the other woman did not come near me; I do not suspect upon her so much as the other, I made as much noise as I could, and then M'Carty begged that I should not be served so; says she, you robbed him; no, says the other, I did not; Torbent said I had the money about me; I felt again, and said, I had not got it, and I made more noise for the watch, I felt in my pocket again, and found a half crown, a bad sixpence, and a few halfpence; I am sure I had not any money at all when I said I was robbed; I had some halfpence in another pocket, I said, if you will give me the guinea, I will let you go about your business; Torbent said, she would not give me any, and she had not got any, and the watchman came in directly, and I charged them with the watch; we went to the watch-house; I searched down upon the floor, but I did not find any thing,

I did not see any thing found upon them at the watch-house; the watchman let me go, and told me I must come up to Marlborough-street to-morrow; I never had my money again.

Q. How that half-crown came into your pocket you don't know? - A. No; she said I had got my money, and I felt in my pocket and found half a crown, a bad sixpence, and some halfpence, I had no sixpence before.

Q. You will not say that you was in any degree sober, when you went into the house in St. Giles's? - A. I had been drinking, I cannot say I was quite sober, but I was sensible enough.

Q. You were sensible enough to go with them to their lodgings? - A. I was sensible that I was robbed.

Q. You don't know that either one or the other had her hand in your pocket? - A. No; I do not.

Q. Your trowsers were loose? - A. Yes.

M'Carty's defence. My Lord, this young woman and I went into a public-house, called the Maidenhead, this man was there, calling for a gallon of purl, and a gallon of beer, there were a great many people in company with him; he asked me to drink to my sister, as he called this young woman, which I did; he asked if I was married, I said no, and he said he should go home with me, he took a liking to me, and as we were going along, there was a woman quarrelling with him, she said he had got the bad disorder; I went away from him, and just before I got to my own door, I turned round and saw him behind me; we got a light and he followed us in; says he, I shall go home with you, and give you a shilling; I said, what has that woman been jawing about, he said she had charged him with having the bad disorder; he said he had had it, but was got well; he had a place in his groin you might put three fingers in; then he said we had robbed him, and he called the watch; he said first he had lost half a guinea, and then at the watch-house he said, he had lost a guinea, and a half guinea, and a sixpence; he gave the constable of the night sixpence to get us something to drink, and he said it was a bad one.

Torbent's defence. When we went to the watch-house, he said, if you will give me a guinea, I will let you go; says I, how can I give you what I never had, and he said he would keep us both till the morning; he came with another man next morning, and said, if you will give me a guinea I will not prosecute you; I said, I had not a friend in the world, and he said he would certainly prosecute us; he said, he had a guinea and a half when he went into the room; when he shewed me what he had, I said, how can you be such a man to go with a clean woman as she is, in such a condition, and he gave me such a blow as almost knocked me down; I did not see a farthing that he had.

Both NOT GUILTY .

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

Reference Number: t17960113-63

120. GEORGE REYNOLDS was indicted for feloniously stealing, on the 22d of December , thirty-six iron horse-shoes, value 4s. the property of John Lane .

JOHN LANE sworn.

I am a farrier in the second regiment of life guards: On the 22d of December last, I lost thirty-six iron horse-shoes; I had seen them a few days before, I missed them on the 22d; the watchman took me down to the office in Marlborough-street, where the prisoner was; I saw some horse-shoes in a bag, with my mark upon them; I used to keep them in my shop, my men had left the door open all night; that is all I know about it. The prisoner was a trooper in the regiment.

Cross-examined by Mr. Knapp. Q. You shoe a great many horses? - A. Yes.

Q. Were the shoes you supposed you lost old horse-shoes, or new ones? - A. There were some new ones; there was one new one.

Q. The rest were old? - A. I only saw one new one.

Q. You, of course, superintend your business? - A. I do.

Q. Your men work these shoes, and you superintend your business? - A. Yes.

Q. Your men are here, I take it for granted? - A. No.

Court. Q. You serve the regiment by contract? - A. Yes.

Q. Then the iron and shoes are your property? - A. Yes.

Q. And, according to the number and quantity, you are paid by contract? - A. Yes.

Mr. Knapp. Q. Of course your property in general is very well secured, by the doors being shut of a night? - A. Yes.

Q. Unluckily for you, you know, it was not this night? - A. No.

Q. It was open to every body of course? - A. No; it was in the life-guard's yard.

Q. Don't be angry, we shall be very good friends, I dare say, presently. - To all the life guards it was open, throughout the regiment? - A. Yes.

Q. Then, unfortunately, this shop was open to all the life guards? - A. All that were there.

Q. How many were there? - A. There might be six or eight; there was only the corporal and the guard.

Q. When did you see them again? - A. The next morning; I was sent for to the office.

Q. They might have been taken away you know, and this man might have had them given to him? - A. It might be so.

Q. You have told my Lord, and the Jury, just now, that you superintend the business, and the under people work them? - A. Yes, certainly.

Q. Do you mean to swear now to all your different workmen's work? - A. No; but I can swear to my mark.

Q. When did you put your own mark to it? - A. My men do; I cannot do it myself, all of it.

Q. I dare say you are a very diligent man? - A. Sometimes.

Q. I will give you credit for it; always your servants put your mark upon them? - A. The men when they work the shoes, put the mark on.

Q. And the men are not here? - A. No.

Q. The new shoes that your servants make, in your business, they put the mark to; now will you swear there is any other way to know them than that they appear to have your mark upon them? - A. I would not wish to swear any further.

Q. Then you don't mean to swear to these more than to any other of your shoes? - A. By no means.

Q. Do you ever fell any old shoes? - A. No; we buy them.

Q. I beg your pardon, it is an improper question to put to a contractor, certainly; what do you do with your old shoes? - A. Work them over again.

Court. Q. How long have your shoes borne this particular mark? - A. Many years: the initials of my name, and the mark of a crown.

Court. Q. Is it usual for farriers in general to put a mark upon their shoes? - A. A great many do, and many do not.

JAMES SAVILLE sworn.

I am a watchman: I stopped the prisoner about a quarter before two, in the morning of the 22d of December, at the corner of Grosvenor-street, I was upon duty; he had got a bag before him, with his two hands at the bottom of it; I asked him what he had got, he said, ball; I let him go, and thinking I ought to have stopped him, I and another watchman followed him, and stopped him again; he said it was old iron; when we laid hold of him, he said they were a few old horse-shoes that he had got from the stables; he did not say what stables; he was in his regimentals; he said he was going to take them home; we took him to the watch-house, he begged we would not, because he was upon duty; he offered us a shilling a piece to let him go, because he was upon duty, and was afraid of getting into trouble.

Cross-examined by Mr. Knapp. Q. He was in his regimentals? - A. Yes.

Q. How was he carrying them? - A. Before him.

Q. So that every body passing by might see he had got something? - A. They could not be off of seeing him.

Q. Did he attempt to conceal them? - A. No.

Q. He said he was upon duty, and therefore offered to give you some money? - A. Yes.

Q. He first told you he had iron? - A. He told me first he had ball.

Q. Then he told you he had old iron? - A. Yes; when we stopped him.

Q. And then, he said, he had got horse shoes? - A. Yes.

Q. And he had horse shoes? - A. Yes; when we went back there were all his accoutrements lying, with the gates open, and a bunch of keys.

DANIEL SHEE sworn.

I am a watchman: I was going round at half past two, with the other watchman; I saw the prisoner come along with his bag; I asked him what he had got; he said, it was balls, and that it was no business of ours; we let him go about fifty yards, and then insisted on knowing what it was; he put the bag down, and we found it was old shoes and new; and we told him, we should take him to the watch-house; he said, no, because he was upon duty, and offered us a pot of beer, to let him go, and then one shilling a-piece, but we would not.

Cross-examined by Mr. Knapp. Q. He did not mention any thing about horse shoes? - A. But to be sure he did.

Q. You forgot to tell us that? - A. I did tell you so.

RICHARD SCOTT sworn.

I am a watchman: Just as I had done calling half past one, I heard a rattle sprung; and I went up and assisted in taking the prisoner into custody, with a bag of horse shoes, (they are produced.)

Q. (To Lane). Look at these shoes: and see if your mark is upon them? - A. Here are two or three with my mark; but the greatest part of them are old shoes, and the mark worn out.

Q. Any other person, having the name beginning with the letter L, would have the same mark as a contracter? - A. There is another regiment of life guards, of a different name.

Q. But might it not be? - A. It is possible; here is an old one marked.

Court. Q. They are not all of your making? - A. No; those that are marked are.

Court. Q. Who has had the custody of these shoes?

Scott. A. They were left at Marlborough-street office.

Saville. A. I sealed them at Marlborough-street office; I have had them ever since Thursday; we left them over the way, and saw them locked up; the landlord had the key; the seal was broke off in coming.

Cross-examined by Mr. Knapp. Q. They were left at the public-house in the Old Bailey, a pretty good place, with the seal off? - A. Yes.

Prisoner's defence. I found the shoes outside the gates.(The prisoner called fix witnesses, who gave him a good character.

WILLIAM THACKER sworn.

I keep the Pitt's Head: On Thursday last I received this bag from the witness, Scott, and put it in the bar.

Q. Was it locked up? - A. No; any body had access to it; it was put under the table, in the bar, till he had it away to-day.

Q. As far as you know it is in the same state? - A. I am very certain of it.

Q. You are sure that nobody had taken any thing out, or put any thing into it? - A. I am confident of it.

Cross-examined by Mr. Knapp. Q. You have a tolerable good harvest during the sessions? - A. We have a great deal of company.

Q. This was put in the bar? - A. It was delivered to me, and I put it in the bar.

Q. It had not a seal on? - A. Yes; there was red wax upon it; I did not examine it.

Q. You are very attentive to your customers; you are not always in the bar? - A. Sometimes, of course.

Q. You do not mean to swear, while you are out of the bar, what is done while you are gone? - A. No.

Court. (To Saville). Q. Did you count the horse shoes in the bag? - A. Here are thirty-three, and five pieces of new iron, bent for shoes.

GUILTY , (Aged 22.)

Tried by the first Middlesex Jury, before The LORD CHIEF BARON.

[Imprisonment. See summary.]

[Fine. See summary.]

Reference Number: t17960113-64

121. ANN, the wife of THOMAS FLANNAGAN , was indicted for feloniously stealing, on the 19th of November , two pewter pint pots, value 13d. and four pewter half pint pots, value 13d. the property of Stephen Node .

STEPHEN NODE sworn.

I keep the Coach and Horses, in St. Martin's-lane ; in consequence of some information, I went to Bow-street: On the 19th of November, about one o'clock, I got an officer, and searched the prisoner's lodgings, in Crown-court, near Broad St. Giles's; I saw one of my penny pots on the mantle piece; in the closet I found three more penny pots; and a half-pint measure, belonging to a neighbour of mine; I enquired, if there was any other closet in the room; they said, no; but, upon searching, we found another cupboard, and, in it, two more of my pint pots; I lost them at different times; two of them I missed three months before that time; I know that by the maker's name; I have changed my maker as long ago as that; the prisoner kept a barrow near my house, and was in the house two or three times a day.

Q. Are you sure you did not let her have them to carry home beer in? - A. I am.

Q. Are you sure they are your's? - A. I am; there is my name upon them.

Prisoner's defence. I am a poor woman, with four children, and their father at sea; I keep a barrow, and sell fruit, and I sometimes used to get a pennyworth of beer; sometimes I have not been there, when the boy came round for the pots, and, having my fruit in the street, I had not any body to wait with the fruit; his wife asked me, if I had any pots; I told her, I had, and that I had only forgot them in the morning, with my three little children, striving to get a breakfast for them; in the hurry of going out in a morning I forgot to take them home; I had some friends here all day, but they did not expect the trial to come on, and are gone home; I never was in gaol in my life before; but strove to get a bit of bread for my children; if I had meant to make away with them, I should not have kept them all that length of time.

GUILTY,

Of stealing to the value of 3d.

Tried by the first Middlesex Jury, before Mr. COMMON SERGEANT.

[Imprisonment. See summary.]

[Fine. See summary.]

Reference Number: t17960113-65

122. THOMAS BEDFORD , JOHN HALL , and WILLIAM RICHMOND , were indicted for feloniously making an assault, on the King's highway, on the 8th of December , in and upon James Montague , putting him in fear, and taking from his person and against his will, a clasp knife, value 6d. a linen handkerchief, value 6d. and 6s. in monies numbered , the property of the said James.

JAMES MONTAGUE sworn.

I was going to Bayswater, on the 8th of December last, between nine and ten o'clock; at a little distance I saw three men coming, in soldiers' dresses, walking a-breast; and, as I came up to them they separated, and went one behind another; as I had just passed them, I turned round to look after them, and one of them held up either a pistol or a bludgeon, I don't know which, and told me,

If I did not stop, he would blow my brains out; I immediately stopped, and they surrounded me; they searched my pockets, and took from me a knife, a pocket handkerchief, six or seven shillings in silver, and some halfpence; they were three or four minutes searching me; the tallest, Bedford, is the man, I believe, that stopped me; I am not positive.

Q. What do you think of the other two? - A. I cannot recollect their faces, but they are about the same height, as near as I can guess; and they were dressed the same as the persons that robbed me; they were all in regimentals; my handkerchief, afterwards, was found, by the officers, upon one of them.

Q. You are not positive as to Bedford? - A. No.

Q. You never were? - A. No.

JOHN BACON sworn.

I am a patrole: On the night of the 8th of December, I was out upon the Uxbridge road ; we had information of several robberies upon that road, by three soldiers, and we attended each night to see if we could find them; and, upon Friday, the 1st of January, we apprehended the three prisoners, just upon the spot where Mr. Montague was stopped, going to Bayswater, between eight and nine o'clock; we searched them, and upon each of them we found a bludgeon, under their coats; this is one of them, (producing it): and in the pocket of Richmond, I found this handkerchief, which Mr. Montague has climed; and, I found, upon Hall, two handkerchiefs and a knife, (producing them).

Q. That does not apply to this prosecution? - A. No, nothing; but this handkerchief I found upon Richmond.

Q. (To Montague). Look at that handkerchief: is that the one you was robbed of? - A. Yes; it is marked M with black silk.

Court. Gentlemen, I don't know well how to leave this case to you; here are three men charged with a highway robbery on the 8th of December; 6s. in money, a pocket handkerchief, and a knife, were taken away; Mr. Montague does not undertake to swear positively to their persons; as to Bedford, he thinks he is the man; there is no property found upon Bedford, but, on one of the prisoners, some time afterwards; but he does not attempt to speak to them, except as to their cloaths, which is a very common dress; as to their height, it is very common; if you are inclined to think as I do, you will acquit them; it is certainly a very suspicious case.

All three NOT GUILTY .

Tried by the first Middlesex Jury, before Mr. COMMON SERGEANT.

Reference Number: t17960113-66

123. THOMAS BEDFORD , JOHN HALL , and WILLIAM RICHMOND , were again indicted, for feloniously making an assault on the 17th of December , in a certain field and open place near the King's highway, upon Edward Gibbs , putting him in fear, and taking from his person one clasp knife, value 2d. a silver sixpence, and twelve copper halfpence , the property of the said Edward.

EDWARD GIBBS sworn.

I am a labouring man : On the 19th of December, between six and seven o'clock at night, I was stopped in the Park by three men, between the Mount Gate and the Barracks.

Q. Should you know the men again? - A. I cannot rightly swear; they were dressed in red jackets; they stopped me, and asked me what I belonged to; I told them to the gardens; they asked me if I had any money; I told them no; they took from me sixpence, sixpenny worth of halfpence, and a knife; I asked them for the knife, but they would not give it me, and went off; I cannot swear that I know them.

Court. You see, Gentlemen, this is like the last case.

All three Not GUILTY .

Tried by the first Middlesex Jury, before Mr. COMMON SERGEANT.

Reference Number: t17960113-67

124. THOMAS BEDFORD , JOHN HALL , and WILLIAM RICHMOND , were again indicted, for that they, on the 30th of December , unlawfully, maliciously, and feloniously did make an assault upon John Cook , and in a violent manner demand his money, with intent to rob him .

JOHN COOK sworn.

I am a labouring man : I was going home on the 30th of December about nine o'clock at night; I was met on the Uxbridge road, just by St. George's-row , beyond Kensington Gravel-pits, by three men; one of them caught hold of me by the coat, and they asked me for my money; I told them I had none for them, and one of them searched me; they did not find any about me; they held me very fast by the coat, while they searched me all over, and then they told me I might go and be damned, go home.

Q. Did you observe the men? - A. Yes.

Q. Was it moon-light? - A. No; but it was a light star-light night.

Q. Was it light enough for you to know their persons? - A. It was light enough for me to know the man that held me by the coat; that is him, Bedford.

Q. Are you sure of that? - A. Yes, I am very certain he had hold of me three minutes, close to

me; I did not see any thing they had in their hands; they put their hands underneath their coats.

Q. You did not take notice of the other two? - A. The man that stands next to him, Hall, I know was one, because he laughed at me; the other I cannot justly say to him; he is very much like the man, but I cannot be positive.

Q. You are positive to those two men? - A. Yes.

Q. How soon after this did you see them again? - A. The Saturday following at Bow-street; I was robbed on the Wednesday.

Q. You are sure the men you saw on the Saturday, were the men who attacked you on the Wednesday? - A. Yes.

JOHN BACON sworn.

I am a patrole; I apprehended the prisoners on the 1st of January.

- CREEDLAND sworn.

Q. Do you know any more than Bacon? - A. No; I was in company with him when he apprehended the three prisoners.

Bedford's defence. We were going down as far as Bayswater after a deserter belonging to our regiment: coming up the Park we saw this stick lying, and we cut the stick in two to stand in our own defence, for fear he should resist.

Hall's defence. We were going down to Bayswater to see for this man; his name is William Atkins , belonging to the same company; we were going to see if we could take him; the serjeant was here till to-day to prove it.

Bedford, GUILTY , (Aged 20.)

Hall, GUILTY , (Aged 26.)

Richmond, NOT GUILTY .

Tried by the first Middlesex Jury, before Mr. COMMON SERGEANT.

[Transportation. See summary.]

Reference Number: t17960113-68

125. DESBOROUGH MORGAN was indicted for feloniously stealing, on the 29th of December , nine yards of muslin, value 27s. the property of Joseph Craig , privately in his shop .

THOMAS KINNARD sworn.

I am shopman to Joseph Craig , No. 171, Aldgate-street; he has a shop in Holborn ; he is a linen-draper : On the 29th of December last, in the afternoon, about three o'clock, or between three and four, the prisoner came into our shop and asked to look at a piece of Irish; I shewed her two pieces; she said a remnant would do; I thought I saw her take a piece of muslin from the counter.

Q. You are pretty sure you saw her take something from the counter? - A. Yes.

Q. You are quite certain now, I take it? - A. Yes, quite certain; I could not find a piece that would suit her, and she went away; I followed her out, and told her she had got a piece of muslin under her arm, and I took it away from her, and I hope you will be as favourable with her as you can; it is marked with the private shop mark at both ends.

Cross-examined by Mr. Knapp.

Q. So you saw her do this? - A. Yes.

Q. Your master has two shops, one in Holborn, and the other in Aldgate-street? - A. Yes; No. 316, just beyond Holborn Bars.

Q. Two shops in this same line of business? - A. Yes.

Q. Has your master any partners? - A. No; it goes by the name of Craig and Co.

Q. Your master is not here? - A. No.

Q. Craig and Co. means, you know, sometimes that there are partners in the house? - A. I won't answer for that.

Q. Is any body here that will answer for it? - A. I don't know.

Q. Why, you came by yourself? - A. Yes; it is wrote up, Beehive, from Holborn.

Q. You cannot say either one way or the other? - A. No.

Q. How do you make out the shop bills? - A. In the name of Craig and Co.

Court. Q. You have no other master but Mr. Craig? - A. There is a young man, Mr. Harvey, that I call master, but I don't know that he has any thing to do in the business, he is put in by Mr. Craig, I believe, I don't know; when any linen-draper has two shops, there is always a head man.

Court. Q. What is Mr. Harvey? - A. I don't know that he is more than a servant; I cannot say either one way or the other.

Court. Q. Don't you know whether this man is a partner? - A. I cannot say; I have not been there a twelve-month; I believe the agreement is, that Mr. Harvey, at the end of the year, when stock is taken, then he is to have a share of the profits; he has lived servant, I believe, with Mr. Craig, five or six years; I have not been with him more than eight or nine months myself, so that I know but little of their connections.

Court. Q. Is there any body else belonging to the shop? - A. No.

Court. Gentlemen, it is very loose, that part of the story, about partnership; if he is a partner, and has a share in the goods, the indictment ought to state it to be the property of Mr. Harvey, and Mr. Craig; because the prosecutor ought to know his own case as to Craig and Co. that means nothing at all many have sleeping partners; the house of Child's it is well known, there is no such person existing at this time; Hazard the same; it is for you to determine; this woman stands charged with a capital offence, at the same time the capital part is clearly

taken off, because this young man says he is persuaded he saw her do it, and convinced he saw her.

Mr. Knapp. I beg your Lordship's pardon for interrupting you, but if your Lordship thinks it a proper case to go to a Jury, I have a number of witnesses to call, but I should hope your Lordship will not send such a case to a Jury.

Court. It is for the Jury to determine, it is not a point of law, it is, whether they are convinced of it upon this evidence or not.(The prisoner called two witnesses, who gave her a good character.)

Jury. (To Kinnard.) Q. Whether you ever looked upon Mr. Harvey as a master? - A. No.

Q. Do you think, if you had occasion to send away a servant, he would have done it without consulting Mr. Craig? - A. Yes; he always takes an account of the cash, and gives it to Mr. Craig.

Q. Did he ever appear to be anxious about taking a quantity of money, that he might be interested in the quantity of money taken? - A. No; nor in the goods.

Q. Was he particular to see the goods delivered into the shop? - A. Not very particular; because they are always to be brought from the other shop; he never buys any goods.

Q. Do you think there were separate entries made of the goods in the shop? - A. They are always entered and sent upon a piece of paper, and they are put upon the file.

NOT GUILTY .

Tried by the first Middlesex Jury, before Mr. COMMON SERGEANT.

Reference Number: t17960113-69

126. SAMUEL WHITEHEAD and GEORGE GLOVER , were indicted for feloniously stealing, on the 5th of January , a ewe sheep, value 20s. the property of Thomas Strong .

Second Count. For that they, on the same day, a ewe sheep, value 20s. the property of Thomas Strong, wilfully and feloniously did kill, with the felonious intent to steal part of the carcase, to wit, the two fore-quarters, and the two hind-quarters of the said sheep.

THOMAS STRONG sworn.

I am a farmer , and live at Newington-green; I had thirty-two sheep out at grass at Stroud-green : On the 6th of January last, the bailiff that looks after them, sent me word, that one had been stole; they had been at grass some weeks before, the next day the skin was found in a ditch and sent home to me.

JOSEPH GROVES sworn.

I am bailiff to Mr. Blackall; I had thirty-two and Mr. Strong's sheep at grass, I lost one of them in the 6th of January.

Q. When had you seen it before? - A. Upon Monday the 4th; I heard on Wednesday, that there were two men taken up with a sheep, and I went and reckoned my sheep, and found one missing, and informed Mr. Strong of it; I searched the field, and found the skin in a ditch, which I sent to Mr. Strong the next day.

Q. Did you know the skin again? - A. I will not positively swear to it, the mark is very dim; I found it on the premises, adjoining where the sheep lay.

Cross-examined by Mr. Knapp. Q. This is the skin of the sheep that you will not swear to, that you found in the ditch? - A. Yes.

Court. (To Strong.) Q. Had the skin that was sent to you any mark? - A. Yes; it was a circle, with the letter L in the middle of it; it was not my mark, it was a mark that was upon it when I bought it.

Mr. Knapp. (To Strong.) Q. This skin and entrails were found in a ditch in the next field? - A. Yes.

Q. How long had you had that sheep? - A. Two or three months.

Q. You had sheep of different marks? - A. No; they were all marked L.

Q. That mark is not the first letter of your name? - A. No; it is the initial of the gentleman's name I bought them of, Mr. Loggan.

SAMUEL MEAKIN sworn.

I am a patrole belonging to Bow-street: On the 5th of January, about eight at night, as I was going the back road to Islington; about a mile or better from Stroud-green, I met the two prisoners at the bar, with each of them a bag upon their backs; I clapped my hand upon the bag, and said, my lad, what have you got here; he said he had got some meat that he had brought from Highgare; I asked him what butcher he bought it of, and he said he did not buy it of a butcher, he bought it of a countryman; I asked him if he knew the countryman, and he said, yes; I told them they should go back with me to the turnpike, which they did; when I opened it, it was a sheep cut in half, one half in one bag, and the other in the other; the sheep was quite warm; in pulling the meat out of the bags, two knives, and a little case to stick the knives in, came out with it; I asked them where they got them, and they said they had bought them also; then I took them to town; the next morning I went down to Stroud-green, from there to Crouch-end, and from there to Hornsey, and informed the farmers that had lost any sheep, that two persons were in custody; I came to town again, and searched the lodgings; the prisoners lodged together in Tenter-alley, Moornelds, and there I

found another knife marked the same as these two we found in the bag; one of them had given a man a guinea to learn to be a shoe-maker, and the other was a servant out of place, as he told us.

Cross-examined by Mr. Knapp. Q. They went back with you to the turnpike? - A. Yes; to examine the bags.

Q. They went very readily with you? - A. Yes.

Q. Was any body with you? - A. Yes; two more patroles, they told us they bought it upon the hill.

JOHN BACON sworn.

I am a patrole, belonging to Bow-street; I was out with Meakin when he stopped the young lads with the sheep; he brought them to the toll-gate, I searched the bags and found the meat; I asked them where they got the meat, they told me they had bought it coming down Highgate-hill, that he had given four shillings for it, and we found these two knives, a shoe-maker's knife, and a table knife was quite out; I took them to town before a magistrate, and went to their lodgings, and there I found three more, (producing them.)

Mr. Knapp. (To Strong.) Q. There was a mark upon this skin that you knew it by? - A. Yes.

Q. That was not found upon the prisoners, it was found in a ditch? - A. Yes.

Q. You saw the meat afterwards? - A. Yes.

Q. When cut up, I take it for granted you could not swear to it? - A. No.

Jury. Q. Did it appear to have been cut up by a butcher? - A. No; it was cut right across the back.

Mr. Knapp. (To Meakin.) Q. They said they had it from a countryman cheap? - A. Yes; they told me first they bought it of a butcher.

Q. If that countryman was not a butcher, he would not know how to cut up sheep? - A. No.

(Glover called Thomas Davis , a distiller, in Old-street, who gave him a good character.)

Jury. There is no occasion to trouble any more gentlemen about characters, we are perfectly satisfied of the circumstances of the case.

Both NOT GUILTY .

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

Reference Number: t17960113-70

127. DAVID EVANS was indicted for feloniously stealing, on the 9th of January , three linen shirts, value 6s. two pair of worsted stockings, value 5s. two pair of leather shoes, value 10s. a pair of cloth breeches, value 2s. two razors, value 4s. a razor case, value 6d. and a velvet cap, value 6d. the property of James Johnson .

JAMES JOHNSON sworn.

I am a soldier in the 27th regiment; the prisoner did belong to the 58th, but he has been discharged; I lost these things out of the Lock-hospital ; they were under the bed; I saw them about twelve o'clock the day before; they were stole on Saturday night; the prisoner lay in the next bed to me that night; they are here, they gave him liberty to sleep there that night; he told me he was coming in as a patient the next day.

JAMES DORN sworn.

On Sunday morning, the 10th of January, there came a man of the name of Knox, I went with him, and found the prisoner at the bar in custody of the guard; I took these three shirts off his back, just in the situation they are in now, one over the other,(producing them).

Johnson. These are my shirts, they are marked with a red thread, a kind of a J.

The prisoner did not make any defence.

GUILTY . (Aged 19.)

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

[Imprisonment. See summary.]

[Fine. See summary.]

Reference Number: t17960113-71

128. SUSANNAH KING , ELIZABETH CROMPTON , and HENRY JONES , were indicted, the two first for feloniously stealing, on the 26th of November , a cloth coat, value 15s. five linen shirts, value 20s. two linen waistcoats, value 4s. a pair of nankeen breeches, value 2s. a linen cap, value 4d. a muslin cap, value 3d. a linen apron, value 6d. two muslin aprons, value 1s. two muslin cravats, value 1s. two muslin half handkerchiefs, value 1s. a silk bonnet, value 1s. 6d. a black silk cloak, value 20s. and a pair of cotton stockings, value 3d. the property of William Platten ; and the other, for receiving, on the 1st of December , a muslin cravat, a muslin apron, and a silk bonnet, part of the before-mentioned goods, knowing them to have been stolen .

WILLIAM PLATTEN sworn.

I am a carpenter , I lodge at No. 43, King-street, Seven-dials : On the 26th of November, I lost these things; I went out in the morning, about six o'clock, to work. I left my wife at home, she is here; on the Monday night, I received information of my property; and on Tuesday I went to Bow-street, and got a search-warrant, I went with an officer to King's lodgings, in a court, in Monmouth-street, she was at work in the room when I went in.

Q. Does any body live with her in that room? - A. I cannot tell; I found two aprons, and a cravat, they are marked with my name, and a dupli

cate of a pair of nankeen breeches of mine; Donaldson, a constable, went with me; I went to the pawnbroker's in Bridges-street, near Drury-lane Play-house, and found a blue coat, two shirts, and a pair of nankeen breeches; when I went for the breeches, the pawnbroker searched and found the other things.

Q. Have you seen any thing of a bonnet, a muslin apron, and a muslin cravat? - A. Yes; I was present when they were found; we went first to Bow-street, with the prisoner King, and then to Jones's, at No. 6, Old Belton-street, Long-Acre, he rents the first floor front room, and found these: one cravat, one apron, and a bonnet; I did not see the constable take the cravat, nor the apron; I saw them in the room, but I did not see him find them; I saw him take the bonnet out of the bed; this was on Tuesday the first of December.

Q. Was Jones at home at the time? - A. Yes.

Q. Did he say how these things came there? - A. Not then, he wanted to go to dinner; I went to the landlady of the house, the landlord was very ill, the landlady said Jones was the person that rented the room.

Q. Was Jones present when she said that? - A. Yes.

Q. Did he deny that? - A. He did not say any thing to it.

Q. What is Jones? - A. I don't know, he is a stranger to me; I was told he was a printer.

Q. What part of the bed was it taken from? - A. I cannot say; the bed was turned up, and that was in the bed; the things were delivered to the constable; Jones was taken into custody.

Cross-examined by Mr. Ally. Q. You found a bonnet in Jones's bed? - A. Yes.

Q. The same day you were at Bow-street? - A. Yes.

Q. The property was lost on Thursday, and you went to Bow-street on Tuesday? - A. Yes.

Q. Then he must have had that bonnet in his possession five days; have you not heard that Jones is a printer? - A. Yes.

Q. Then, of course, his place is open to journeymen, and other persons, going about his business? - A. I cannot say.

Q. It is a common lodging house? - A. I cannot say; I saw other people in the house, but not in the room.

Q. Not at the time you were there? - A. Only Jones, Crompton, and a person he called his daughter.

Q. Crompton was merely standing in the room? - A. She was ironing something; I am not sure whether it was a cravat or not.

Q. Ironing it publickly in the room? - A. Yes.

ANN NORMAN sworn.

I live in King-street, Seven-dials: On Thursday the 26th of November, about two o'clock, I went to a two pair of stairs window, I lodge opposite the prosecutor's house, I was accidentally at the window; I saw Susannah King standing by a post, about twenty yards from Platten's door; about twenty minutes after that, I observed a woman coming out of Platten's house, with a large bundle in her apron.

Q. Can you say who that was? - A. It was the prisoner Crompton.

Q. Are you sure of that? - A. Yes.

Q. Did you know her by sight before? - A. No.

Q. Did you know Susannah King by sight before? - A. No.

Q. Had you such an opportunity of observing their faces, at that time, so as to know her again; - A. Yes; for I never took my eyes from King till I saw Crompton coming out of Platten's door; I looked after them, and saw them go away together up King-street; I saw her side face very distinctly as she stood by the post; and Crompton had a bonnet on, the other had not.

Q. Did they appear to speak to one another? - A. Yes; I saw them at Bow-street on the Tuesday after; I knew them again immediately.

Q. Look at them again, and say if you have any doubt that the two prisoners are the persons you saw? - A. Yes.

Q. What the bundle contained you cannot tell? - A. No.

Cross-examined by Mr. Ally. Q. You seem a pretty positive witness; have you ever been a witness before? - A. No.

Q. You were up in the two pair of stairs window, and Crompton had a bonnet on, and just coming along the street; and four days after, you positively swear that was the person? - A. Yes.

Q. You continued twenty minutes at the window, though you went there by accident; you seem to have had a great deal of idle time upon your hands; do you often do so? - A. Sometimes.

Q. And you mean to swear positively to them? - A. Yes.

GEORGE DONALDSON sworn.

I am a constable of St. Martin's in the Fields: On Tuesday the Ist of December, I went with a search-warrant with Mr. and Mrs. Platten, to No. 4, Monmouth-court, up two pair of stairs, in the back room; I found the prisoner King sitting at work; there were two old women fitting at work upon soldier's cloathes in the same room.

Q. How do you know this was the room of the prisoner, and not of the two old women? - A. Mr. Platten told me it was: as soon as I got into the

room, I told King, I had got a search warrant; and, I asked her to let me look at her pockets: in which I found a duplicate of a pair of nankeen breeches; upon which I searched about the room, and found, two aprons and a cravat, in a box without a lock; it was not locked, however; I asked her where she got these things; she told me, she got them from Elizabeth Crompton ; I searched as minutely as I could, but found nothing else in that room.

Q. Did you go to the pawnbroker's? - A. Yes; No.22, Bridges-street, Covent-garden; I went to order up the pawnbroker, by the Magistrate's direction; the master said, his man was upon a trial, or something of that sort, but he was out; I went the second time, with Mr. Platten, to the pawnbroker's, they produced the breeches, and Mr. Platten knew them to be his: when the second examination was, the pawnbroker brought forth some other articles; a coat, and two shirts.

Q. What became of the things that the pawnbroker produced? - A. He kept them in his own possession.

Q. Did you at any time go to the room of the prisoner Jones? - A. I went to Old Belton-street, to Crompton's, and found an apron and a cravat.

Q. Where are Crompton's lodgings? - A. I found her at Jones's room, and two or three more were in the room; I asked Crompton, to let me look at her pockets, which I did; and found no duplicates, that could lead to any discovery; I then searched the room, and found a black silk bonnet, a cravat, and an apron; the apron, I found somewhere about the bed; the cravat, I found, I believe, upon a table; and, I believe, the bonnet was upon the bed.

Q. Can you say whether it was or not? - A. I cannot rightly recollect but, I believe, it was somewhere about the bed; I think, the bed was turned up, and it laid behind it; I could not find any thing else; and, then, I said, I must take Crompton and Jones, with me, to the office.

Q. Was any thing said, by Jones, or Crompton, about how the things came into the room? - A. No; I don't remember, any thing passing, rightly,(produces them); Crompton was ironing, in Jones's room.

Cross-examined by Mr. Ally. Q. You are speaking of the same transaction that the last witness does? - A. Yes.

Q. And therefore you are speaking of the same thing he was speaking of? - A. Yes.

Q. You said, you found the bonnet somewhere about the bed? - A. Yes.

Q. This woman was ironing? - A. Yes.

Q. The prisoner, King, when you first searched her, told you, she got some of these things from Crompton? - A. Yes.

Q. Crompton was not by, at that time? - A. No.

Q. You searched Crompton, and found nothing upon her relative to this property? - A. No.

FRANCES PLATTEN sworn.

I am the wife of William Platten; I lodge in King-street, Seven Dials: My husband went out to work about six o'clock; I staid about an hour, and cleaned up my room; and then I went up stairs into the shop, to stay with them, for company; I staid there till a few minutes before one o'clock; I was backwards and forwards, but not to stay; I went down stairs, to feed some rabbits, and then I locked my room door, and went out; I took my key in my pocket; I was absent from my room till half past three; I went down stairs, (I live down in a kitchen), and found the door open very easy.

Q. Did it appear to have been forced open, or opened with a key? - A. It appeared to have been opened with a key: I looked for some mutton, to put it on, to cook for my husband's supper, and I missed the mutton; I lifted up the box, and missed all my husband's cloaths and mine.

Q. Were they there when you went out? - A. Yes.

Q. Had you locked the door in the morning, when you went up stairs? - A. Yes.

Q. Every thing in that box was taken? - A. Yes; every thing.

Q. Did you ever see any part of your things again? - A. Yes; I missed the things mentioned in the indictment, (repeating them).

Q. Did you know any of the prisoners before this? - A. No; I went with the constable, to search the prisoner's (King's) room, in Monmouth-court; my husband, and the constable, were with me; she was in the room, and her mother, and some other people; there were two aprons found; one in a box, another on the bed; and the neck-cloth in the box; the constable found a duplicate in her pocket.

Q. Were they any part of what you had lost? - A. Yes.

Q. Did you see the things produced at the pawnbroker's? - A. Yes.

Q. Can you swear to them? - A. Yes.

Q. Crompton's room was not searched, was it? - A. Yes; in Old Belton-street.

Q. Is it a different room from the prisoner Jones's, or is it the same? - A. The same room.

Q. Was Jones there? - A. Yes; the woman, and Jones, were there; we found a bonnet upon the bed; between the bed and the sacking, a musslin apron, in the bed, in the same place; the neck

cloth was upon the table; Crompton was ironing at the time.

Q. She was supposed to have lived with Jones, at that time? - A. Yes.

- ALLEN sworn.

I am servant to Mr. Sienesi, in Bridges-street, Covent-garden: On Thursday, the 26th of November, the two women, prisoners at the bar, came to our shop, in the afternoon.

Q. Are you sure they are the same two women? - A. Yes; they had been at our shop before; the middle one, Crompton, pledged, with me, a blue coat, for 12s.; a pair of breeches, for 1s. 6d.; a shirt, 2s.; and, a shirt, 3s. in the name of Hannah Jordan.

Q. Did you ask her any questions, how she came by them? - A. I asked her if it was her own property; she said, it was; the other prisoner only stood by at the time she pledged these articles; the officers came to me, with the duplicate of the breeches, and I produced them.

Cross-examined by Mr. Ally. Q. You said, in the afternoon? - A. Yes.

Q. Do you mean, by that, between twelve and one o'clock? - A. No; after that.(A coat, two shirts, and a pair of breeches, were produced in Court, by the pawnbroker, and deposed to by the prosecutor).(The two aprons, and cravat, found at King's lodgings, were deposed to by the prosecutor).

Mr. Ally. Q. As to the bonnet and the two cravats, they appear to be very old: what are they worth? - A. It was new made up; it cost me 1s. 6d. making up, about a fortnight before, and I found the stuff.

Q. At present, as they are produced, you will not undertake to swear, that they are worth a shilling? - A. I don't think it is worth more; when it was stolen from me, it was worth 4s. 6d.; some of the ribbands are taken off.

King's defence. A woman, of the name of Jordan, came up to me, on Thursday, about half after three o'clock; she told me, she had come from Elizabeth Crompton's husband, from on board of ship; she asked me, if I could tell her where to find Elizabeth Crompton ; I went to her brother's, in Short's Gardens, and called her, on the stairs; and she came down; the gentlewoman said, she had given me trouble, and asked me to go and have something to drink; we went to Queen-street, and had part of two pots of beer; when we had sat a bit, she said, she was very sick, would we accept of relith of any thing to eat; we went to a butcher's, in Earl-street, and she got a pound of beef steaks; we had them fried; and, after we had had something to eat, and another pot of beer, she asked Elizabeth Crompton to pawn some things for her; accordingly she went to the pawnbroker's, and asked me, if I would go with her, which I did; and we returned the woman the money back again, and the tickets; we had a glass of pepper-mint at the bar, a piece, and she wished us a very good night; she said, she wanted to buy a few things, in Monmouth-street; she went and bought some things, and Crompton and I went with her; she made Crompton a present of these old aprons, and then Elizabeth Crompton gave me the two aprons, and the old cravat.

Crompton's defence. I have no more to say than what she has said; no further, than when the gentlewoman came up into Mr. Jones's room, I was ironing; and Mrs. Jones was not within at the time; I went up to Mr. Jones's to beg the favour to let me wash a few things, as my husband was on board of ship; his daughter gave me her consent to wash a few things, and I was ironing them at the time; she said, if I could do them before her father came in, I was very welcome to do them; Mrs. Jordan gave me the bonnet, and I wore it for three days; Mr. Jones knows nothing about it.

Jones's defence. I wish to ask the constable, and the pawnbroker, and that other woman, what they said before the Magistrate.

Court. We have that in writing, and they have declared the same now as they did then.(The prisoner jones called fix witnesses, who all gave him a good character).

King, GUILTY . (Aged 30.)

Crompton, GUILTY . (Aged 35.)

Jones, NOT GUILTY .

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

[Transportation. See summary.]

Reference Number: t17960113-72

129. JAMES VANDERCOM and JAMES ABBOT were indicted for stealing, on the 19th of November , a great variety of articles, the property of Merriel Neville , spinster , Ann Neville , spinster, and Susannah Gibbs , widow , in the dwelling-house of the said Merriel Neville and Ann Neville .

To which indictment, the prisoners, by the advice of their counsel, put in a plea of autrefois acquit, the counsel for the prosecution put in a replication to that plea; the counsel for the prisoner a demurrer to the replication; and on the part of the prosecution, a rejoinder to the demurrer.

Lord Chief Baron. This case has taken an entire new turn; under these circumstances, it appears to be a very fit case to be argued before all the Judges; and therefore the Judges should have accurate, verbatim copies of the pleas .

Reference Number: t17960113-73

130. SAMUEL NEWMAN was indicted for feloniously stealing, on the 12th of January , a watch, called a time-piece, value 20s. and a marble stand, for a time-piece, value 18s. the property of Caesar Underwood .

CAESAR UNDERWOOD sworn.

I am a watch and clock-maker , No. 3. Panton-street, Hay-market : On Tuesday the 12th of January, about a quarter before eight, in the morning, my servant alarmed me; I ran out to the street door, and finding a mob assembled, being without my cloaths, I returned to dress; I observed several persons enter the passage with a man, and my boy with a time-piece, which I knew to be mine; I had seen it in the shop the night before; it stood on a mahogany shelf, on the left hand side of the shop window; it was fixed upon a marble stand; they were both brought in shattered to pieces; I sent for a constable, and took the prisoner into custody.

JOHN WYBURN sworn.

I am fifteen years of age.

Court. Q. Do you know the nature of an oath; will any good or ill happen to you if you break that oath. - A. Ill.

Q. You know you have been calling God to witness to the truth of what you say. - A. Yes. I live with Mr. Underwood; I opened the shop door about twenty minutes before eight, or thereabouts; I went to take a bar down, and a man came to me with a letter directed to Mrs. Snowball, who lives in the house; I took in the bar, and came out to fetch the other bar, and the same person came to me again, and gave me strict orders to give it to Mrs. Snowball; I staid in the shop with the letter in my hand, I did not carry it in; and Mr. Wakeman's porter came out, and cried stop thief.

Q. Did you see any body come into the shop, or go out? - A. No; the porter cried stop thief; and I turned my head round, and saw the prisoner with something under his arm.

Q. Was that he that brought you the letter? - A. No.

Q. How far might you be from the shop door when you was taking down the bar? - A. The further end of the shop; there were seven shutters, and I was at the furthermost of them.

Q. He spoke to you twice about the letter? - A. Yes; he went half-way up the street, and came back again; I went after the man and saw him drop the time-piece from his arm; and I took it up, and brought it home in this shawl, which I found it wrapped up in.

Q. The shawl was not in your shop? - A. No. he was brought back in about five minutes after, and taken to St. Martin's watch-house.

Q. Did he say any thing when he was brought in? - A. Yes; he said he knew nothing at all about it.

Q. Are you sure that is the man you saw the time-piece drop from? - A. Yes; I am sure of it.

Look at him again. - A. I am sure of it; I could not tell rightly from his face, but I saw his coat.

Cross-examined by Mr. Knapp. Q. The prisoner is not the person who enquired about the letter? - A. No.

Q. Of the prisoner you had an opportunity of observing only his back, and his cloaths? - A. Yes.

Q. You did not see his face? - A. No.

Court. Q. Did you see him caught? - A. No.

JAMES ADAMS sworn.

I am porter to Messrs. Wakeman and Gerrard, silversmiths, opposite Mr. Underwood's; I had seen, for some time, suspicious persons about the windows; on Tuesday morning, I observed the prisoner at the bar, in company with another, coming down Panton-street, towards me, I was then opening shop; I was taking down the second shutter when they went past; the other man cast his eye upon me.

Q. Not the prisoner? - A. No; I did not observe the prisoner's face till he was past; I carried in my shutters, and told my fellow servant that the man we had often observed, was just gone through Panton-street again, with another man in a blue coat, and black hair; my fellow-servant went into the kitchen, and I went about my work, to sprinkle the shop; and I then observed the other man that I had often observed talking to the boy, who had the bar in his hand, he delivered a letter to the boy; I turned my head round a little, and saw a man in a blue coat stand close against the shop-door.

Q. The same man you had seen pass with this suspicious person? - A. By his cloaths it was the same; the shop is detached from the passage-door by a partition.

Q. You did not see him go in? - A. Not into the passage, I saw him go into the shop, the boy was outside, I believe; the other man came once or twice, while the man was in the shop, to talk to the boy; once I am certain.

Q. That is, once besides the first time? - A. Yes; I immediately ran down into the kitchen, and told my fellow-servant to come up, telling him that one man had detained the boy with a letter, while the other was gone in; they both stood by the door; and presently a man, whose face I saw when he came out of the shop, was the prisoner, I am sure of it; he came out with something under his arm; I ran out of the shop, and when I had go half over the road, I called stop thief; the prisoner then ran, and dropped the parcel he had under his arm; I

pursued him, and called stop thief; I was some yards behind him, and I saw another man pursue him closely, it was Mr. Falwasse's man; he turned up Jaems-street, and I saw him then running; a short time after, he was stopped by Mr. Falwasse's man; when I came up to him, he said he had done nothing, he was an apprentice, and was going to his work, he was very willing to go back; he came back with me and the other man; I told Mr. Underwood that was the man; that is all I know.

Cross-examined by Mr. Knapp. Q. He went back very willingly with you? - A. Yes.

Q. He said he was an apprentice, and was going to his work? - A. Yes.

WILLIAM IVE sworn.

I am a constable, I was sent for to Mr. Underwood's, and when I came there, Mr. Underwood, and the rest of the people, with the prisoner, were going to the watch-house; I searched him in the watch-house and found this letter, a gold ring, a watch, a duplicate and a knife, the letter is directed to Mrs. Snowball, No. 3 Panton-street, I found it in the necessary at the watch-house; Mr. Underwood has another letter, which was delivered to the boy, exactly like it.(The time-piece and stand were produced in Court.)

Q. (To Underwood.) Are you able to swear that is your property? - A. Yes; I missed it immediately when I came into the shop.

Q. What may be the value of it as it stood originally? - A. I should have sold it for eight guineas.(The prisoner left his defence to his counsel, who called six witnesses, who all gave him a good character.)

GUILTY . (Aged 19.)

Tried by the second Middlesex Jury, before The LORD CHIEF BARON.

[Transportation. See summary.]

Reference Number: t17960113-74

131. JOHN BEFFAN was indicted for feloniously stealing on the 22d of December , fifteen bushels of coals, value 20s. the property of Samuel Cordon , and David Jones .

SAMUEL CORDON sworn.

I am a dealer in coals at the Adelphi Wharf, in partnership with David Jones.

Q. Have you any other partners? - A. No; the prisoner drew my coals; he was servant to Mr. philpot, who is also a coal-merchant; I saw twenty-six sacks of coals put into the waggon, and that is all I know about it; they were to go to Colonel Glovers, Upper Fitzroy-street, Ftizroy-square, about ten or eleven o'clock in the morning.

JOSEPH MORTON sworn.

I am servant to Colonel Glover; the prisoner came to our house with a waggon of coals, and de livered a ticket to me, expressing that there were twenty-six sacks of coals in the waggon.

Mr. Knowlys. Q. Have you got the ticket here? - A. No; it was left with Mr. Addington, at Bow-street; I went down into the kitchen when I had received the ticket of the woman servant, before the men shot them; I went to see the sacks told, the prisoner told twenty-five sack to me; I asked him where the other sack was, he said, it was a mistake; he looked behind him, and it was then standing in the waggon; there were six sacks then in the waggon; he shot another sack out of the cart, and I asked what he was going to do with the rest; he said, his master had got a chaldron of coals to deliver in Tottenham-court-road, and the rest were to come in the next waggon; he drove away from the door with five full sacks.

Q. (To Cordon.) How many sacks were sent out? - A. Twenty-six, that is all I know.

Jury. Q. Did you send any coals out to be left in Tottenham-court-road? - A. No.

Jury. Q. Did you give leave for other sacks of coals to go? - A. There was no such thing in this case.

Q. (To Morton.) You don't know that he did not deliver twenty-six full sacks? - A. Yes.

ADAM HALTON sworn.

I am a labouring meter; I only know that he had twenty-six sacks in the waggon; I gave a ticket for twenty-six sacks.

NOT GUILTY .

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

Reference Number: t17960113-75

132. THOMAS BARTLET was indicted for feloniously stealing a linen sheet, value 4s. the property of Edward Payne , January 7 .

EDWARD PAYNE sworn.

I live at Brompton ; I keep a wax and spermaceti manufactory ; the prisoner was a servant of mine; he worked in the manufactory: On Friday, the 8th of January, I went out in the morning; when I returned, I saw the sheet at the pawnbroker's.

SAMUEL HAVILEY sworn.

I live in Bow-street, Bloomsbury: On the 8th of January, a woman brought a sheet to our shop, who had frequently brought things in the name of Bartlet; upon asking her, whether it was her property, she said, it was not; that she brought it from Mrs. Bartlet; on her saying so, I took it in.

Q. Do you understand the woman's name? - A. Her name was Barnes; I lent her four shillings

upon it; the next day, Mr. Payne, the prosecutor, and the constable, came to our shop.

Q. Was the sheet produced? - A. Yes; I had the sheet with me.

GRACE SKIP sworn.

I am servant to Mr. Payne, of Brompton: On the 7th of January, I hung the sheet up to dry, in the drying ground.

Q. How near to the manufactory? - A. Very near; within a few yards; I hung it out in the morning; I left it out all night; I saw it about five o'clock; I missed it the next morning about nine o'clock; I suspected the prisoner, and told my master; my master took an officer, and had him taken up.

Mr. Payne. On being informed, that the property was gone, I returned to Brompton; I was in town at the time.

Q. Was any thing but the sheet taken? - A. No; I returned to Brompton; I called in one of the men, not the prisoner, and asked him, why he did not tell me his suspicions, over night, and desired him to call in the prisoner to me.

Q. Did you tell him you wished him to confess any thing, or tell him, it would be better for him? - A. I said, Thomas, it will be better for you to tell the truth; after which, we went and searched his apartments, in a street in St. Gile's; I do not recollect the name of the street; he said, he lodged there, and his wife had the sheet, and gave the direction to me; and the officer, on searching his wife, found a duplicate of the sheet, where it was pawned; the officer, and I, went to the pawnbroker's, and the sheet was produced; the next morning, I sent my servant to look at it, to ascertain whether it was mine or not.(The sheet was produced in Court, and deposed to by Skip).

Q. Could any person have access to the place at night? - A. Yes; but we have a watchman.

NOT GUILTY .

Tried by the second Middlesex Jury, before The LORD CHIEF BARON.

Reference Number: t17960113-76

132. THOMAS GRIFFITH was indicted for feloniously stealing, on the 1st of January , five pair of womens' leather shoes, value 15s. the property of Lawrence Peake .

LAWRENCE PEAKE sworn.

The prisoner worked for me: Last Wednesday evening, a person called upon me, and I got two officers, to search the house of Mr. La Valte, who keeps an old shoe shop in Little Pultency-street; the one officer to apprehend the prisoner, and the other to search the house; we found eleven or twelve pair of shoes, of the prisoner's make; three of which I could swear to; with two other pair, that were brought to me on the preceding night.

Q. Was that from any mark upon them? - A. Yes; I went immediately to Bow-street, and the prisoner was committed to take his trial.

Q. Were the three pair the prisoner's work? - A. I cannot be sure; the two pair that were brought the preceding evening were; he has worked for me some time; I am so used to his work, I can tell it from any bodies else.

Jury. Q. If the shoes are for the shop, do not you mark the inside, 3, 4, or 5? - A. Yes; they are marked.

Q. Can you ascertain the fact, of having delivered more shoes out to him than he returned? - A. That must lie with the foreman.

Cross-examined by Mr. Knowlys. Q. You cannot say, that you missed any shoes? - A. No.

Q. But, for the information of this man, you would not have known that you had lost any? - A. No.

Q. You cannot say, you missed any? - A. I cannot say that I have; I have so large a stock, I could not miss five or ten pair of shoes.

Q. Is your clicker here? - A. Yes.

THOMAS LA VALLE sworn.

I am a translator.

Court. Q. A translator of languages? - A. No; I buy and sell old shoes; Mr. Smith, who lives in-the same place that I do, brought me home some shoes, 15l. worth; he saw a pair of shoes on the table, and asked me, who I bought those shoes of.

Q. What do you know of Mr. Peake's shoes? - A. I know nothing of Mr. Peake's shoes.

Q. Did he come to your house, and claim any shoes? - A. Yes, he did; afterwards I shewed him the shoes I had got; he picked out five pair, with his mark, and said, they were his.

Q. When was this? - A. Last week; I went along with Mr. Peake, to Bow-street; that is all I know.

JOHN RIVET sworn.

On Thursday last, the 14th of January, Mr. Peake applied for a search warrant; I went to the house of Mr. La Valle, and asked him, if ever he bought any shoes of the prisoner; he said, yes.

Court. That is just what you should not say. - A. These three pair of shoes, (producing them), were found at Mr. La Valle's; I have had them in my custody ever since.

JOHN FERGUSON sworn.

I was clicker to Mr. Peake, three months ago; I am not at present; there are my marks upon two pair of these shoes; the others are not my mark

ing; they were made up for the shop; the mark is put on them when we deliver them out.

Q. Have you a particular mark to each workman, when you deliver them out? - A. No; the same mark to all.

Q. How many workmen does Mr. Peake employ out of doors? - A. I don't know.

Q. As his foreman, you can guess? - A. No; I can guess nothing about it.

Q. Has he six or seven? - A. More than that.

Q. Ten or twelve? - A. I don't know.

Q. Are you able to say, which of the workmen he gave these to? - A. I cannot say who he gave them to.

The prisoner was not put on his defence.

NOT GUILTY .

Tried by the second Middlesex Jury, before The LORD CHIEF BARON.

Reference Number: t17960113-77

134. JOHN PAVIOR was indicted for feloniously stealing, on the 7th of January , ten pounds of cheese, value 7s. the property of Benjamin Norman .

BENJAMIN NORMAN sworn.

I keep a cheesemonger's shop , in Leonard-street, near Finsbury-square .

Q. Do you know the prisoner? - A. Yes.

Q. Was he in your employ? - A. No.

Q. Do you remember his coming to your shop? - A. No; I was not at home.

MARY NORMAN sworn.

On the 7th of this month, about seven o'clock, the prisoner came into our shop, and asked me for a pennyworth of apples; after looking at them, he put them down, and said, he did not like them; he thought them too dear, and turned out of the shop; in the course of three or four minutes, he came to the shop again, standing half in the shop, and half out; he reached round, and took some cheese out of the window, about ten pounds, or ten pounds and a half; I sent my son, Benjamin Norman, after him.

Cross-examined by Mr. Knowlys. Q. The prisoner came in first for apples? - A. Yes.

Q. And afterwards came back, and you saw him, half in the shop and half out of the shop, and he took the cheese? - A. Yes.

Q. Did you always give the same account? - A. Yes; as far as I know.

Q. Have there not been several persons in custody besides the prisoner? - A. Not to my knowledge.

Q. When the prisoner was taken, you were not certain he was the man, till your son told you so? - A. My son told me so! I know him from his looks, and my own knowledge; I made no hesitation at all.

BENJAMIN NORMAN.

Q. How old are you? - A. Between eleven and twelve.

Q. What would become of you, if you were to take a false oath, where would you go when you die, do you know? - A. No.

Q. Have you been taught your prayers, or your catechism? - A. A little.

Q. Where do wicked people go, after their death? - A. I believe they go to hell.

Q. Where do good people go to? - A. To heaven. (He is sworn).

Q. Do you remember your mother calling out on the loss of some cheese? - A. Yes; I saw the man take the cheese, myself.

Q. Look about, and see if you see him? - A. That is him, (pointing to the prisoner); I ran after him, and cried out, "stop thief," and a man put down two bushels of malt, and stopped him.

Q. That is the same man you saw take the cheese out of the shop? - A. Yes.

Cross-examined by Mr. Knowlys Q. Had you ever seen this man before? - A. Not before that night.

Q. You saw him put his hand in the shop and take the cheese? - A. I saw his face.

A. You had never seen the man before? - A. No.

Q. Are you sure that is the man? - A. Yes.

SAMUEL BURLEY sworn.

I heard the outcry, and ran out; the cheese was dropped about fifteen yards from my door; a number of persons were pursuing the prisoner; I took the cheese; he was brought back in about ten minutes.

Q. You did not see who dropped it? - A. No.(The cheese was produced in Court).

Mrs. Norman. This is my cheese; I have got a piece, that I cut out, that fits it, and there is the cheesemonger's number upon it.

JAMES RILEY sworn.

I stopped the prisoner; that is all I know.

Prisoner's defence. The two people that stopped me, were genteel people.(The prisoner called four witnesses, who gave him a good character).

GUILTY . (Aged 23.)

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

[Whipping. See summary.]

Reference Number: t17960113-78

135. JOHN COX was indicted, for feloniously stealing, two bushels of coals, value 18d. the property of Nathaniel West and Nathaniel Coe , December 20 .

NATHANIEL RYAL sworn.

I am clerk to Messrs. West and Coe, coal mer

chants : We have lost coals, to a very considerable amount, from White-friars , out of craft, at various times; and our gentlemen are determined to put a stop to it, if they can.

Mr. Knowlys. How many partners are there? - A. Only two.

JOHN TOMLIN sworn.

I am clerk to Messrs. West and Lowndes; the adjoining wharf to Messrs. West and Coe: Having received information, several times, of coals having been taken off our wharf, and the wharf of West and Coe, particularly the 15th, we determined to form a plan for taking the parties that took them; two watchmen, a constable, and myself, got up on Sunday morning, the 20th of December; we went down, thinking to find them on the craft of Messrs. West and Lowndes; we staid till seven o'clock; we then thought, on account of its being high water, they could not get to our craft, and were just going away; at about a quarter after seven, I saw a person come down a shore plank, at the wharf of Messrs. West and Coe, going on to the barge, with a bag; we stopped some time, and heard the same man begin to put some coals out of the second barge, as it appeared to me; I will not swear to the exact barge; I am near sighted; the man put the sack on his back, and came up the plank to shore again; one of the watchmen and the constable went round to meet him, coming off the wharf; they did so; he was stopped, just under the nook of Mr. Stapleton's.

Q. What was found upon him? - A. A bag, containing coals: he was taken into custody; he knew me, and wanted me to get him off; I told him, I should do no much thing; I gave charge of him; he pretended he wanted to ease himself, and got away from the watchman, but was taken in a few yards; he was not out of sight.

Cross-examined by Mr. Knapp Q. How far were you from the barge? - A. As far as from here to the door.

Q. This was about a quarter after seven in the morning of the 20th of December? - A. Yes.

Q. It was not very light? - A. It began to be so light I could see a person very plain.

Q. It was not light enough to identify a person? - A. I am near-sighted; if it had been ever so light I could not identify the person.

WILLIAM GREENFIELD sworn.

I am one of the two watchmen of St. Bride's parish: On Sunday the 20th of December, we had been to watch Messrs. West and Lowndes's premisses, in consequence of a quantity of coals being taken away before; when we were coming away, about a quarter after seven, we saw a man come down the plank, and go into the second barge of Messrs West and Coe's, as I was informed.

Q. (To Ryall.) Who does the second barge belong to? - A. Messrs. West and Coe; I saw him put the coals in the sack, and tie the mouth of the sack, and put it on his shoulder; I went round, and took him as he came up, with the bag on his shoulder; he pitched the bag down, and begged to ease himself, and then attempted to run away from the watchman, but was taken and committed.

Q. Are you a watchman now? - A. No; through a quarrel with the people of our ward, I was dis charged.

WILLIAM SANDFORD sworn.

I am a watchman: On Sunday morning, about five o'clock, I was fetched to go down on the wharf; about a quarter after seven, this man was seen to go down on the wharf, and go into the craft, and fill his sack; I took notice of him because he had two odd stockings on, I thought, at first, he had but one on; I took him with the coals on his back.

Q. Which craft did he go into? - A. The second; it had the name of Brooks on the stern.

Q. What time in the morning was it? - A. A quarter after seven.

Q. Was it dark? - A. It was clear day-light; it was a clear morning.

JOHN POLLARD sworn.

I was a constable; I have had the coals in my possession ever since.

The prisoner left his defence to his counsel.

Q. (To Ryall.) What is the name of your master's barge? - A. Brooks.

Q. The contents of the barge belong to West and Coe? - A. Yes.

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

GUILTY . (Aged 38.)

Tried by the London Jury, before Mr. COMMON SERGEANT.

[Whipping. See summary.]

[Imprisonment. See summary.]

Reference Number: t17960113-79

136. THOMAS TOMLINS was indicted for feloniously stealing, on the 7th of December, two wooden casks, value 3s. the property of Felix Calvert , Robert Ladbroke , Robert Calvert , Charles Calvert , and William Whitmore .

ROBERT PARRY sworn.

I am yard-clerk to Felix Calvert and Company: On the 7th of December, 1795 , Elizabeth Sims gave information at Mr. Calvert's counting-house.

You must not mention what any body said.

A. In consequence of that information, I got a warrant to search the house of the prisoner, at No. 5, White-Hart-court, Old-street, St. Luke's; there was nobody at home; the window was open, and I desired the constable to go in; upon searching the

house, we found two nine-gallon firkin casks, empty, with a brand mark, signifying them to be Felix Calvert's; there was nothing else we could swear to; there were other marks besides the brand mark, by which I knew them; the prisoner was journeyman to the farrier that contracts to do the business of the yard; his shop was in the yard. (They were produced in Court, and deposed to by the witness.) Our mark is an hour-glass, by which we describe all our casks.

Cross-examined by Mr. Ally. Q. One of the casks seems to be broken? - A. The top is loose in the inside of it.

Q. They don't seem to be such casks as brewers use. - A. We carry finings to the publicans in them.

Q. And leave them with the publicans sometimes? - A. No.

Q. Don't you send out porter in casks of that fort, and sell them? - A. Yes, but not of this size; we sell nothing less than half a barred; we never send these casks out but for finings.

Q. You don't know when the casks were lost? - A. No.

RICHARD PLUMLEY sworn.

Proved the firm of the house.

ELIZABETH SIMS sworn.

I live in the same house with the prisoner; my husband is a cabinet-maker; I saw the prisoner bring a cask, with the head in, into the house one night.

Q. When was it? - A. In August, it was very dirty; the next morning his wife brought it to the door and cleaned it, and took it in again, and set it under the dresser; it was never out of the house till it was taken out by the officer.

Cross-examined by Mr. Ally. Q. You saw this man bring a cask into the house in August? - A. Yes.

Q. And set it under the dresser? - A. Yes.

Q. He made use of it to keep oats in? - A. Yes.

Q. Why did you not give information of this before? - A. I did not know who he worked for.

Was that the reason why you did not give information before? - A. Yes.

Q. You lived in the same house? - A. Yes.

Q. You was intimate with his wife? - A. Not very.

Q. You are upon good terms with her? - A. Not very.

Q. Were you not on good terms enough to borrow money of her? - A. No.

Q. Did you never borrow any money of her? - A. Yes, I have; but I paid her again.

Q. Was it not because the refused to lend you money that you gave this information? - A. No.

WILLIAM PEACH sworn.

I am a constable; I went with the search-warrant on Monday the 7th of December, to the prisoner's lodgings; I found two casks there that were owned by Mr. Calvert's clerk; the cask without the head, was in sight of the window and the door.

Prisoner's defence. I bought these two casks of one John Walker , at the Blue Anchor, in Coleman-street; it is about eleven months ago since I bought them; he used to work at Mr. Calvert's.

For the prisoner.

JOHN CALDER sworn.

I am a farrier in Old-street; the prisoner worked for me two or three years, he has been away this twelve month; I believe him to be a very honest man; I had the character of a just and honest servant with him; he left me, and afterwards came to me again; he has been at this place near a twelve-month.

WILLIAM CROZON sworn.

I am a farrier; I have known the prisoner between two and three years, up to the present time; he bears a good character for honesty as far as I know of him. I know he bought the two casks at the Blue Anchor, in Coleman-street.

Q. At what time? - A. Between three and four in the afternoon; it was at the Blue Anchor, in Coleman-street; he bought them of John Walker, who is dead since; he worked for Mr. Calvert.

Parry. He was in the house, he used to carry out finings.

Court. (To Crozon.) Q. You are a farrier? - A. Yes; I work for Mr. Jones in the Curtain-road, Moorfields.

Q. Did you work at Mr. Calvert's? - A. I did; I was his fellow-servant at the same time; I worked in the room of another man that was sick. I work now for Mr. Jones, who does the work for Mr. Calvert.

Q. You knew Walker very well? - A. Yes; he carried out finings to fine the beer.

Q. When was it he sold these casks? - A. It was a long while ago; about half a year, I believe.

Q. What sized casks are they? - A. They held about nine gallons.

Q. Have you not seen them here? - A. No.

Q. How long have you been here? - A. Not about half an hour.

Q. Where is the Blue Anchor? - A. In Coleman-street, Moorfields.

Q. Who keeps the house? - A. I cannot say.

Q. Whose beer do they draw? - A. Felix Calvert 's.

Q. I suppose the landlord was present? - A. I am not able to say.

Q. It was in the public tap-room you remem ber? - A. Yes, before all the company.

Q. What did he give for them? - A. He gave the man liquor.

Q. How much? - A. I cannot say, he gave him liquor and money.

Q. How much money? - A. I cannot say particularly; I did not take notice.

Q. He gave you some of the liquor? - A. I drank in the company.

Q. How much liquor had your? - A. I cannot say.

Q. You know the bargain was for money and liquor; cannot you say how much money and liquor? - A. I cannot recollect, it is so long ago.

Q. Can you recollect the month? - A. No; I believe it was about seven or eight months ago.

Q. Was it summer or winter? - A. It was last summer to a certainty.

Q. Every body might have seen it? - A. Yes; it was done openly.

Q. Who was in your company besides? - A. Nobody but this man and me coming home together, and John Walker; there was a man with Walker that I am not acquainted with.

Q. You four partook of the liquor? - A. Yes.

Q. And no more? - A. I cannot say who drank, and who did not, but what we drank was paid for.

Q. Who is the landlord of this house? - A. I cannot say.

Q. Have you been there since? - A. Yes; this Christmas, with a friend or two, and had two or three pots of beer there.

Q. Do not you know the landlord's name? - A. No.

Q. Did it not appear odd to you, that this servant of Mr. Calvert's should be selling casks to the farrier? - A. I did not know but what they were the man's own property; it was a piece of business I had nothing to do with.

Q. You did not observe the marks? - A. No.

Q. You would not know the casks again? - A. No, I should not; there are so many of that size.

Q. How long has Walker been dead? - A. I suppose about two months.(The prisoner called three other witnesses, who gave him a good character).

Parry. Walker has been dead about three months; he was employed by the coopers to carry out finings; we served the Blue-anchor; the man that kept it five months ago is gone away; I don't know the person that is in it now.

Mr. Ally. Q. Walker used to carry out finings in that sort of cask? - A. Yes.

NOT GUILTY .

Tried by the London Jury, before Mr. COMMON SERGEANT.

Reference Number: t17960113-80

137. CHARLES NEWELL , was indicted for feloniously stealing, on the 13th of January , three pounds of raw coffee, value 3s. the property of Edward Hanson , John Pearson ., Thomas Stiles , William Pearson and Daniel Gosset .

Second Count. Laying it to be the property of persons unknown.

(The case was opened by Mr. Knowlys).

DANIEL GOSSET sworn.

I am one of the Bull porters; the warehouse, where the prisoner was at work, was in Elbow-lane, Upper Thames-street ; the partners are Edward Hanson, John Pearson, Thomas Stiles , William Pearson , and Daniel Gosset ; the prisoner was in the capacity of cooper , working for the merchant.

Q. Was there any coffee deposited in your warehouse on the 13th of January? - A. The warehouses were nearly full of raw coffee; I was at home at dinner, one of the clerks fetched me; I saw the cooper, and ordered him to be taken into custody; George Parker , the Excise-officer, told me, that upon searching the prisoner, he found three pounds of coffee in his hat; I told him it was my duty to order him into custody; the prisoner said, he had taken the coffee for his own use, and did not mean to make a property of it.

Cross-examined by Mr. Ally. Q. Sometimes the coffee is spilt about the floor? - A. The floor is full of coffee.

Q. Whose perquisite is the coffee that scatters about? - A. There is no perquisite, we put it into the cask again.

Q. Suppose any coffee is scattered, for which there cannot be an owner, is there not a person that has it as a perquisite? - A. No; we are allowed two pounds on a hogshead for waste; it is the custom to search every person that goes out.

GEORGE PARKER sworn.

I am in the employment of the Excise.

Q. Were you employed at these warehouses on the 13th of January? - A. I was; the prisoner was employed there, with one more; I was on the ground floor, where I could see who goes up and down stairs; the prisoner and his party came to me between two and three in the afternoon to be rubbed down, which is the custom of every one who leaves the warehouse; not taking his hat off, which is customary, I gave his hat a tap, and it did not found hollow, as hats generally do; I said, what in the name of God have you got here; he said, nothing; I bid him lean his head down, and I took off his hat and found three pounds of coffee loose in it; I said, do you see that, he said, yes; I said, how could you do this, he cried, and begged I would forgive him; I told him I could not, it was as much as my life was worth; he then jumped out

of the loop-hole of the warehouse window, about four or five foot from the ground, I went down the steps, and we soon took him again.

Q. Was it raw coffee? - A. Yes; the same sort as that in the warehouse.

Q. (To Gosset.) What was the value of it? - A. The full value is about 5s.

Prisoner's defence. I picked it up as it was scattered on the floor; I did not know there was any harm in taking a little bit; I did not mean to make any property of it.(The prisoner called seven witnesses, who gave him a good character).

GUILTY,

Of stealing to the value of 1s. (Aged 23.)

Tried by the London Jury, before Mr. COMMON SERGEANT.

[Imprisonment. See summary.]

[Fine. See summary.]

Reference Number: t17960113-81

138. WILLIAM READY was indicted for feloniously stealing on the 11th of January , three pieces of wood, value 5s the property of Thomas Tomlins .

JAMES SAUNDERS sworn.

I am foreman in the yard to Mr. Tomlins, timber-merchant and wheelwright , in Edgware-road : Last Tuesday there was an information laid about this wood, and I went to the lodgings of the prisoner in Bryanstone-street, Edgware-road, about two furlongs from Mr. Tomlins's yard; he was a labourer in the timber-yard; he had been there about a fortnight; there I saw the woman that gave the information; her name is Elizabeth Elsworthy; she was below stairs; the prisoner keeps the house, and lives up stairs, and lets the rest of the house.

Q. Had you known the prisoner before? - No.

Q. Then it it was only from information that you learned where he lived? - A. Yes; the prisoner was up stairs; when I went in the lit a candle, and I looked into the closet under the stairs, and saw some wood there; I went up one flight of stairs, and saw the prisoner sitting on a bed; I asked him why he was not come to work that afterternoon; he said he was coming: he had been in the yard about three hours before, I told him to walk down stairs with me, which he did; I went to the place where I had seen the wood under the stairs; I asked him how it came there, and began to turn it out; he said he had found the wood, some of it, and some he bought; there were about eleven logs of wood, some oak and some ash.

Q. Was it wood for firing? - A. Some of it was, and some a little useful, but most of it firewood.

Q. What do you mean by a little useful? - A. In some respects of trade, such as wheelbarrow wheels.

Q. Were there any of these of logs of wood belonging to Mr. Tomlins? - A. I cannot take upon-me positively to swear, because there are so many pieces of wood of a likeness.

Q. Was there any distinction between these pieces of wood? - A. Yes; some of them were plank ends, the ends of planks sawed off.

Q. Have you any of it here? - A. Yes; a small quantity; others of them were ends of slab, the outside pieces of timber when it is broke down?

Q. Was there any thing among this wood that you could suppose was Mr. Tomlins's? - A. I thought as such.

Q. But was there any thing that you could six upon as being his property? - A. One piece of ash out from the inside of a folly of a wheel.

Cross-examined by Mr. Knowlys. Q. You would never have dreamed of this if it had not been for good Mrs. Elsworthy, I suppose? - A. No.

Q. You neither missed nor suspected any thing was gone till the came there? - A. No.

Q. I don't know whether you know enough of Mrs. Elsworthy's family and the prisoner's, to know the terms upon which they have lived lately? - A. No.

Q. These were very trifling things indeed? - A. Yes.

Q. Perhaps you would have put them into your apron and carried them home, as fire-wood, not thinking them of any value? - A. I should not have done it myself, because these things are not allowed in the yard.

Jury. The piece that was cut out of a selly, did you try it to the piece that you supposed it cut off from? - A. No, I did not; I knew it by a scratch that was on the side of the piece

Court. But did you compare that piece with the selly? - A. No.

Court. Then how do you know it came from thence? - A It answered to the compass of the selly mould.

Q. Have you the selly mould here? - A. No.

ELIZABETH ELSWORTHY sworn.

I took my apartment of William Ready; he keeps the house; the place that I have opens to Bryanstone-street; it is the ground floor; Ready and his wife have the privilege of going through my room to their apartment; I have not been five weeks in the place; since I knew them, the prisoner has brought these logs of wood through my apartment at nights, when he came from work every night; last Monday week was the last time that I observed it; it was when he came from work that he brought the first quantity: some of it

he put in their own room, and some of it in the place where I paid the rent for; I had the use of setting my pans and coals under the stairs where the wood was.

Q. Had you any wood in that place? - A. I had some coals there, but no wood, except a pennyworth that I got to light my fires.

Q. Was there any night that he brought wood into this place below? - A. Yes.

Q. Do you remember the time when Saunders came to your house? - A. Yes.

Q. What place did he see where any wood was? - A. Under the stairs.

Q. Who brought in that wood that Saunders saw under the stairs? - A. He has brought in wood every night, and I never knew any body else put any there; nobody had access there but him and me.

Q. Did you put any wood there? - A. No, only penny bundles.

Q. You had brought none of that that Saunders saw there? - A. No.

Cross-examined by Mr. Knowlys. Q. You rent a part of this man's house? - A. Yes.

Q. You owe him a little rent, perhaps? - A. I owe him a week's rent to-day, and I sent it to his wife, and she would not take it.

Q. You saw the man in his master's yard, I suppose? - A. No.

Q. But you charitably suppose he must get all this wood from his master's yard? - A. I never saw him take any from there.

Q. Did not you ask them to lend you a little of this wood to light your fire with? - A. No; I am a poor woman, only doing my honest endeavours; I once asked his wife to lend me a few shavings when I had a nurse child, which I should have done to any one; any one would have done it for me, if they knew me.

Q. But Mrs. Ready being an ill-natured woman, would not let you have it? - A. No; she let me have it.

Q. You and Mrs. Ready have had a little quarrel lately? - A. No, not till now.

Q. Do you know Mr. Wallis? - A. I did not, till this happened.

Q. He is the prisoner's landlord? - A. Yes.

Q. You went to Mr. Wallis's, did not you? - A. No.

Q. You never had any conversation with Mr. Wallis, perhaps? - A. He was very angry with me, but he was perfectly satisfied when I told him about the wood.

Q. Did not you tell him that you would say just what he liked upon the occasion? - A. I told him if he would with me to speak less than what I know was true, I did not wish the poor man to be hurt.

Q. You have seen Mr. Wallis here to-day, I suppose? - A. No, I have not.

Mr. Knowlys. I shall call Mr. Wallis presently.

Court. Do you mean to say that Mr. Wallis mad some application to you upon the subject? - A. He came to me and was very angry; he said, that woman was going to hang the man.

Q. Who was that woman? - A. Me.

Q. He did not say to you that woman? - A. He said it at the door in my hearing; I told him I had done nothing but what I thought I ought to do; I had taken the man in to see the wood; Mr. Wallis shook his head and said, he had had him a many times in his house amongst his plate and amongst his cloaths, and he had never found any thing amiss of him, and he was surprised to see the quantity of wood that there was.

Court. Did he express that he was surprized? - A. Yes; he said he could not have believed it.

Court to Saunders. What wood have you got here? - A. Five pieces. (producing them).

Q. What became of the wood that was taken from the house? - A. This is a piece of it; I took it away.

Q. Where has it been since? - A. In the place the woman called the passage, until Thursday I put it into a bag.

Q. When was it you found it? - A. On Tuesday; I left it in the passage of the house.

Q. Where did you find it afterwards? - A. In the same passage.

Q. Can you undertake to swear that the piece of wood you left in the passage on Tuesday, was that you saw afterwards? - A. I cannot swear to it; it is very like it; it is the same kind of wood.

Jury. Did you make any mark upon it? - A. No;(produces another piece) this is a piece of ash cut out of a telly; I was ordered to take the man, and I left the wood behind in a heap; when I went on Thursday, it lay upon the spot where I had left it, and it is the same kind of wood.

Q. Have you nothing that will fit it in Mr. Tomlins's yard? - A I have not tried it.

Jury. Have you got any that you can swear to? - A. None at all.

Court. There being nothing that he can swear to as the property of the prosecutor, the consequence is, upon that ground, that the prisoner must be acquitted; but I should be very sorry to have it go abroad, that the prisoner had a right, or any man, to take such pieces from any yard.

Jury. That cannot go abroad, my Lord, when we have taken so much pains with it as we have; they have clearly no such right.

NOT GUILTY .

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

Reference Number: t17960113-82

139. JAMES BEDFORD was indicted for feloniously strealing, on the 13th of January , eighty pounds weight of iron, value 6s. the property of Thomas Alsop .

THOMAS ALSOP sworn.

The prisoner worked for me; but I know nothing about the matter.

Court. You hardly seem sober; and, therefore, you may as well stand down.

JOEL SPELLER sworn.

I am a watchman: On the 13th of this month, at night, between the hour of eight and nine, I stopped the prisoner, with this quantity of iron,(producing it); my box is in Nottingham place; I asked him, where he was going with it; he said, to Marybone-lane, which is one street and a bit of another, distant from Nottingham-place; very well, says I, I will go along with you; I asked him where he was going to; and, he said, he was going to carry it to the smith's, for Mr. Wellings; I asked him if Mr. Welling sent him with it; he said, no; one of the foremen; I asked him, his name; he said he did not know; I asked him again, where he was going with it; he said, he did not know justly; I told him, then he must go to the watch-house with me; when we came to the watch-house, I asked him, what his employment was, and where he came from, and many questions; to which, he would not give me any answer, but that he had worked at Battle-bridge; but, he would not tell me when, nor for who; nor would give any account of himself; upon that, I went to Mr. Wellings'.

You must not tell us what passed there. - A. Then I went to Mr. Alsop.

Q. Was the prisoner with you? - A. No.

Then you must not tell us what passed with him. - A. I gave charge of him to the keeper of the watch-house; the prisoner asked me, if I thought, if he was to ask Mr. Alsop's pardon, and beg and pray of him, whether he would not forgive him; and, I asked him, how he could tell me such a falsity, to say, he brought it from Mr. Wellings'; he answered me, I did not know what to say about it: that is all I know about it: the iron was kept in the watch-house, till it was taken to the justices, at Marlborough-street, and then I took it to Hickes's Hall, and from there, to a public-house, and took care of it till the present time; I can swear to it, because I put a private mark upon it, at Marlborough-street.

JOHN WHITE sworn.

I am a wheeler; I work for Mr. Alsop: On Thursday morning last, Mr. Speller, whom I understand to be a watchman, came to our shop; young Mr. Alsop was there; he asked, if we had lost any iron; we did not immediately make any answer; we did not know that we had lost any; he described the iron that he had stopped; and we recollected we should have such a piece of iron in our tool-house; I went to the tool-house, and missed it immediately; I had had it in my hand twenty times, at least.

Q. You have no doubt, that such iron was there? - A. None.

Q. Look at it, and say, whether you are sure that iron was in your master's tool-house, before the 12th of December? - A. I can speak with the greatest certainty to it.

Q. How lately, before that, had you seen it? - A. Perhaps a week before, or more; I have frequently made use of it, as a handspike, or a lever; it was always handy, and I frequently used it in that way; but I cannot say the last time that I used it; the last witness then described another piece of iron; I went into the tool-house, to fetch one, and asked him, if it was like that, and he said it was.

Q. You had such a piece of iron? - A. Yes; it belongs to a timber carriage, we call it a stay brace.

Q. Can you recollect when you saw that? - A. No; there is so much old iron, and not coming often in use, that I cannot say; I have not the smallest doubt that this is the piece of iron that we had; I have had it so often in my hands, that I think I can speak with certainty to it; here is another remarkable piece that had been throwing about the old iron house a great while; it has been an additional iron to a cart, by way of repairing it; this piece of wood, that is fixed to it, is a piece of the cart that has been broken off in the iron.

Q. That you well remember to have been on your master's premisses? - A. Yes.

Q. But you cannot ascertain when you last observed it? - A. No; here are two more pieces of iron; one belongs to the axletire, and the other goes round the wheel; but I cannot swear positively to them.

JOHN ALSOP sworn.

I am the brother of the prosecutor: I was in the wheelwright's shop, on Thursday morning, when the watchman came to the yard, about nine or ten in the morning; he said, he had stopped some person with some iron; and asked, if we had missed any; I went immediately to the tool-house, and missed a timber carriage bolt.

Q. You had not missed it before? - A. No; he described the iron that he had stopped, and we then missed this iron; I can swear positively to this piece of iron, with the piece of wood in it; I have noticed it a great many times, in the yard; I cannot say when I had last seen it.

Q. Had you frequent occasion to go into this tool-house? - A. I generally locked it up at night; I keep the key myself; the door is left open in the day, for the work people to go for tools; I had missed the key of this tool-house two days before this; it was left open one night, because we could not find the key.

Q. Do you know any thing of the prisoner? - A. Yes; I hired him, to be a carter, about eight or ten weeks before; he went away on the Saturday week before; he was not turned away, but he neglected his work and did not come.

Q. You had paid him his wages? - A. Yes; we wondered that he did not come again to work; he might have been there now, if he would.

Prisoner's defence. I went to Kilburn, last Wednesday, and went after a job of work; I returned in the evening, and was coming near Mary-le-bonne, and picked up this iron, in Mr. Wellings's field; and the watchman stopped me, and asked me, where I was going with it; I told him, I was going to carry it home.

Q. (To Spiller.) Did the prisoner tell you he was going to carry it home? - A. No; he said he was going to carry it to the smith's for Mr. Wellings.

GUILTY . (Aged 25.)

Tried by the second Middlesex Jury, before The LORD CHIEF BARON.

Reference Number: t17960113-83

140. MARY HOPE was indicted for feloniously stealing, on the 27th of December , half a guinea , the property of John Wilson .

JOHN WILSON sworn.

I am a taylor , I live in Cecil-street, St. Martin's-lane; On the 27th of December I was going through the Strand, about seven o'clock in the evening, the prisoner at the bar asked me how I did, will you go along with me; I went with her to No. 1; Off-alley, in the Strand , a private house, I was going down George-court.

Q. Were you perfectly sober? - A. Yes.

Q. Had you been drinking that evening? - A. I had been at my own house.

Q. Had you been drinking at all? - A. No; the last that I drank was tea that evening.

Q. Had you been drinking liquor to any excess in the course of the day? - A. No, I had not, I was perfectly sober; I was going down George-court, into off-alley; I put my hand in my pocket and felt my half-guinea then; I had a half-crown besides in my waistcoat pocket; I went into the parlour with her, and I felt the half-guinea after I was in the parlour; after that I felt the prisoner's hand in my pocket; the half-guinea was in my left hand pocket.

Q. Had you changed it from one pocket to the other after you first felt it? - A. No; upon feeling her hand in my pocket, I asked her what she was at, and missed my half-guinea, I was lying with her upon the sofa; I got up immediately, and charged her with having taken a half guinea out of my pocket, and she said it was a damned lie, the immediately clung round me, and rung the bell.

Q. How can you be sure that this half-guinea had not dropped out of your pocket on the sofa? - A. I do not think it did; we looked round upon the sofa, but did not see it there; Mrs. Davis, who keeps the house, then came in; soon afterwards, Mr. Davis came in; I told her that this person had robbed me of half-a-guinea, and she said the had a better opinion of her than that.

Q. How do you know their names were Davis? - A. I was informed so by the neighbours, then Mr. Davis came in, and he asked if I had called for any wine, Mrs. Davis answered no; Mr. Davis said, if he has not called for any wine, I shall charge him for the room, a pint of wine will be only eighteen-pence, I shall charge him eighteen-pence an hour for the room.

Q. How long had you been there at that time? - A. I might have been in about a quarter of an hour; he asked me whether I would pay eighteen-pence an hour for the room, and I told him I would not; then he desired the prisoner to tear all my clothes off my back, if she did not, he would her's.

Q. The prisoner was by all this time? - A. Yes; then Mrs. Davis came and took hold of me by the collar, Mr. Davis immediately struck me with such violence, with a bludgeon, that it quite stunned me.

Q. Why did not you lay hold of them when you took up this woman? - A. His house is indicted, and he got out upon bail, and his wife; I got round them, my shirt was tore, and the skirt of my coat was tore off, and the prisoner called out, damn him, kill him, a rascal.

Q. Are you sure that came from the prisoner? - A. Yes; I was quite in danger of my life, and I cried out, murder, several times; I got to the door some how, I cannot tell how; some persons knocked at the door several times, upon hearing me cry murder; here is a witness here that saw Mr. Davis with the bludgeon held up to me at the door.

Q. Are you sure the half-guinea had not fallen out of your pocket? - A. I am very sure.

Q. When had you searched the sofa, upon which you were lying, to see that it had not fallen out? - A. As soon as Mrs. Davis came in, I looked upon the sofa, but did not find it.

Q. The prisoner was not searched? - A. No.

Q. How soon after was the prisoner apprehended? - A. On Tuesday.

Q. What day was this that you were at the house? - A. On Sunday; I had taken out a warrant at Bow-street, against Mr. Davis, for insulting me on Monday morning.

Q. How came you not to take out a warrant against the prisoner on Monday? - A. I did not know her name, and when I went to her on Tuesday, the prisoner had got a warrant against me for insulting her; I applied to St. Martin's watch-house the same night, and they could not give me any reply.

Q. What did you apply to the watch-house about? - A. For the insult of Mr. Davis, and they referred me to Bow-street next day, and I took a warrant out against Davis; he appeared at the office on Tuesday morning.

Q. Did you take out a warrant against Mrs. Davis too? - A. Yes; I did on Tuesday.

Q. Did you charge the prisoner the first time you went to Bow-street, or tell the story of any woman that robbed you in the house? - A. Yes; I did, on the Monday, but I did not know her name.

Q. Then you mean to say, that it could go in no other way than by her taking the half guinea out of your pocket? - A. No other way.

Jury. Q. You have said the prisoner has robbed you of half-a-guinea; you had it in your pocket, and, after sitting upon the sofa, you missed it? - A. Yes.

Court. Q. You missed the half-guinea while you were lying upon the sofa? - A. I missed it immediately after I felt her hand in my pocket.

Jury. Q. It was after Mrs. Davis came in that you examined the sofa? - A. Yes.

Q. What light had you, and who assisted you, in that examination? - A. As soon as Mrs. Davis came in, I related to her that the prisoner had robbed me; she said she had a better opinion of her; and we searched the sofa, me, Mrs. Davis, and the prisoner at the bar.

Q. Who held the candle? - A. The prisoner.

Q. Were there any hands upon the sofa besides your's? - A. Yes; Mrs. Davis's hands were round the sofa.

Q. Might not Mrs. Davis have found this half-guinea upon the sofa, if it had been dropped? - A. No; I did not see any thing taken up.

Q. You are confident in the opinion, that the prisoner took it out of your pocket; but supposing you are mistaken, and the half-guinea had dropped out of your pocket upon the sofa, might not Mrs. Davis, drawing her hands over the sofa, have taken up that half-guinea? - A. I do not think it dropped out of my pocket.

Q. But supposing it had so dropped out of your pocket, whether Mrs. Davis might not have taken it up in her hand? - A. I did not see her take any thing up.

Jury. Q. If you were so certain she had taken it out, how came you to search the sofa at all? - A. Mrs. Davis desired me to search it.

Q. Not that you searched the sofa upon any doubt of your own, whether it was there or not, but that Mrs. Davis desired you? - A. Yes.

Jury. Q. When did you see the half-guinea last with your eyes? - A. I saw it about a quarter of an hour before I saw the prisoner.

Q. Because I might fancy I had half-a-guinea in my pocket when it was only a farthing? - A. I had pulled it out at the house of call; I was at the Angel in St. Martin's-lane, with some silver; I put the half-guinea in my breeches pocket, and the silver in my waistcoat; pocket; half-a-crown and some halfpence.

Q. Did you pay any silver when you took out the half-guinea? - A. No; I took it out to see if my money was there; I paid for a pint of porter.

Cross-examined by Mr. Const. Q. You took out this silver and the half-guinea together, at the Angel? - A. Yes.

Q. Do you remember telling my Lord, ten minutes ago, that you had drank nothing but your tea? - A. I had my tea about seven o'clock, and I had my porter about half past eight, with a friend.

Q. Had you any particular reason to count your money, and separate it in this way, in different pockets? - A. Because I should not lose the half-guinea.

Q. You did not mean to lose the half-crown, did you? - A. I did not mean to pull out the silver and gold together.

Q. You told us a long story about Mr. Davis and you, and a quarrel, in which he treated you ill; Mr. Davis did not come into the room till it was all over, and after you had searched the sofa? - A. No.

Q. Your quarrel with Mr. Davis did not apply to the half-guinea at all? - A. No; that was because I would not pay for the room; the half-guinea was named to Mr. Davis as soon as he came in.

Q. You mentioned it to him, you mean to swear? - A. I heard Mrs. Davis mention it to him.

Q. Did he say one word about it? - A. He said it was a damned lie; he had done no such thing as lost the half-guinea.

Q. You talk of being with this girl upon the sofa; at the time you were upon the sopha, did you give her any thing at all? - A. No; nothing.

Q. You did not pay for the room, nor any thing else in the house? - A. No.

Q. This was on Sunday night; and the next

morning you want to punish Mr. and Mrs. Davis; how came you not to go to punish this young woman? - A. I did not know her name.

Q. Did you take out a warrant against her till she had taken out one against you? - A. No; I did not.

Court. Q. What do you mean by the prisoner having a warrant against you? - A. Mr. Davis persuaded her to get a warrant against me for my insulting of her.

Court. Q. Were you present when any thing of that kind passed? - A. No.

Q. Then how do you know any thing about it. The fact was, the prisoner had taken out a warrant against you? - A. Yes.

Q. Were you brought to appear there? - A. I was there the next morning against Mr. Davis.

Q. Were you brought before the Magistrate by any warrant? - A. When I was there, the warrant was served upon me.

Court. Q. Where is that warrant? - A. I don't know.

Jury. Q. What was it for? - A. For insulting her.

Q. Was any thing done upon that warrant against you; were you bound over? - A. No.

THOPHILUS SEYMOUR sworn.

I am a glass-grinder; I live at No. 3, Off-alley: On Sunday evening the 27th of December, I was going past No. 15, in the same alley that I live in, nearly opposite; I heard a dreadful cry of murder, several times; I was persuaded by a woman in the court, to go and knock at the door, for she thought murder would be done; I went and knocked at the door, the door was soon after opened, I cannot say who it was that opened it; I knocked a rat-tat at the door; I saw Wilson engaged with two or three women; Davis, the man of the house had a large bludgeon in his hand, as if he was going to strike the man; soon after the door was opened, Wilson ran out of the house, at least he was pushed out by the woman; when I had got him out into the court, I took him into a neighbour's house, to see what injury he had received; I saw that he had received a blow upon his forehead, and likewise that his shirt and cloths in general were very much torn; I told him his best way would be to go to the watch-house, and state his case there, he being a stranger to me, he went up to the watch-house, I did not go with him.

Q. You saw him engaged with two or three women? - A. I am positive there were two; they were handling him very roughly; pulling him about with their hands; and striking him; Mrs. Davis was one, I don't know the other.

Q. Did you, from the time you got admission, see any woman whom you recollect, except Mrs. Davis? - A. Not that I can swear to.

Jury. Q. What did the man complain of? - A. I did not hear him mention that he had lost any money, till he came before the Magistrate, on Tuesday.

Q. Did you see him between the Sunday and the Tuesday? - A. No; I saw him on the Tuesday, before I went to the Magistrate, between eight and nine o'clock, I think it was; I did not hear him mention it before he got to the office.

Jury. Q. And he was in your house some time, was not he? - A. He was in a neighbour's house, some time.

HENRY BOOTLE sworn.

I am a taylor; I live at No. 2, opposite to Mr. Davis's, in Off-alley, within one house: On Sunday evening, the 27th of December, a little before nine, I was sitting by my own fire-side; I heard an alarm in the neighbourhood; I directly got up in half a minute, and went to the door; we know pretty well where to look for it; and I saw the prosecutor cross the alley, into a neighbour's house, Mrs. Smith's, a single woman, opposite Mr. Davis's; I directly went into the same house, to this man, and he was in a situation, that, to speak reasonably, he could not speak; he seemed so far out of breath and confused, with the ill-treatment he had met with; I asked him, what was the matter; he said, he was robbed of half-a-guinea; I saw his watch-chain hanging down low; I said, it was a wonder he had not lost that; he made answer, that he should have lost it, but for a hole that the chain went through; I went out in about a minute after, and saw the skirt of the man's coat chucked out, by a woman; but whether it was Mrs. Davis or not, I cannot say; we persuaded him to go to the watch-house, and they would not have any thing to do with it: On Monday he got a warrant against Mrs. Davis; but it was not executed till Tuesday morning; Davis was brought up before the Magistrate; I was there; this is a terrible bad house; I went round among my neighbours, to ask them to go home with me.

Q. Do you mean to say, you heard the prisoner say any thing? - A. I will tell you; I went to see for the prosecutor; I had never seen him before the Sunday night, in my life.

Q. What did the prisoner say? - A. Mr. Davis persuaded her to take out a warrant against that man.

Q. Were you present? - A. No; we went before Mr. Justice Bond; and the case was laid down upon the warrant she had taken out for the man; and then it was brought forward, as it is now.

Q. You say, he said, he was robbed of half-a-guinea? - A. Yes.

Court. Q. Was any body with you, when he said that? - A. I was at No. 1.

Court. Q. You will swear that you heard it? - A. I will; if I was going to die this moment; the girl is very much to be pitied; but her landlord is a most infamous man, and her landlady a most infamous woman.

Prisoner's defence. I am quite innocent of the charge; he neither mentioned the losing of any money to me, or my landlady.

NOT GUILTY .

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

Reference Number: t17960113-84

141. JAMES IRELAND and JAMES COLDLINS were indicted for breaking and entering the dwelling-house of Robert Kilby Cox , James Cox , and Edward Payne , no person being therein, about the hour of four in the afternoon, of the 12th of January , and feloniously stealing a linen table-cloth, value 6d. two linen shirts, value 4s. two dimity bed gowns, value 2s. a dimity petticoat, value 4s. a linen apron, value 2s. a linen shift, value 2s. two linen pockets, value 8d. and a pair of scissars, value 4d. the property of Jacob Davey .

JACOB DAVEY sworn.

I work for Mr. Robert Kilby Cox , James Cox , and Mr. Edward Payne ; I am their watchman ; I was left in care of their premisses, No. 10, Parker's-lane ; the brewhouse is in the City-road; that in Parker's-lane used to be the brewery; I went out about three o'clock in the afternoon on the 12th of January, and returned between the hours of four and five, and found the padlock off my door; I tried to force the door open, and found there was somebody behind it; I forced it rather harder, and forced the door open, and it proved to be a chimney-sweep, that is the man (Ireland); I asked him what business he had there, he said, he was come to do the chimneys; I told him it was a pretty thing for him to break my locks to do the chimneys when nobody was in the house; he ruthed from me, and then I perceived the other man coming down stairs, and I catched him between the door and the doorposts, that is the man (Collins); I asked him what business he had there, and he told me that other man had knocked the lock off the door, and sent him up stairs to call his sister down; I called out for assistance, one of my neighbours came to my assistance, and I secured him, and took him to the watch-house; when I went up stairs into my room, I found my drawers open, and the things taken out, and lying on the stairs loose, (chumerating the things mentioned in the indictment); the drawers were safe when I went out of the house.

Q. Are you sure the chimney-sweeper is the man? - A. Yes; I am positive, because I have known him for years, ever since I have been in the neighbourhood.

JAMES AGAR sworn.

I keep a shop by this man: On Tuesday evening between four and five, I came home, and saw this man near his own door; he said this man had wrenched the door off, and i assisted him in taking him to the watch-house.

EDWARD TREADWAY sworn.

I apprehended Ireland, on Tuesday the 13th of January; I had an information on the night of the robbery; I found out his lodgings, and on the Wednesday morning, Mumford and I got up between five and six to watch him out; when we went to take him, he ran away; Mumford caught him as he ran away.

- MUMFORD sworn.

I apprehended Ireland; he was in a lost about a story and an half high, above a chamber window, and he jumped out, and ran away down a court.

JANE DAVEY sworn.

I am the wife of Jacob Davey ; I was out at the time of the robbery.

Q. Were there any lodgers at home at the time? - A. No.

Q. Nor servants? - A. No.

Q. What are the shirts worth? - A. About 3s. the shift is worth 2s. 6d. the bed-gowns are worth 2s. the table-cloth is worth about 9d. the petticoat is worth 4s. the apron is worth 2s. the pockets 9d. the scissars 4d.

Q. Are you sure all these are your property? - A. Yes.

Q. Have you any doubt as to any of them? - A. No.

Q. Are the shirts your making? - A. No; but they are my mending; my shift is my own making; and the bed gowns are my own making; the tablecloth is my own making; the petticoat I bought ready-made - I am sure it is mine; the white apron is my own making; the pockets are my own making; I am sure they are all my property.

Ireland's defence. I had done this man's chimney before; I went to push open the door to ask about the chimnies; as I was going up stairs, this man was coming into the passage, and asked me if I knew one Mrs. Taylor; I said, I did not know, he had better go up and enquire; I was coming outside the door, and this man pushed against the door as I was trying to open it, and he collared me, and I ran away from him; I told him I went to ask about the chimney; I had my sweeping brush with me.

Collins's defence. I had been at work down at Wapping; I enquired for an acquaintance of

mine; I saw this door half open, and half shut; I got my foot to the door, and the door was shut against me; and the gentleman took me into custody directly; they found nothing upon me at all.(Ireland called four witnesses who gave him a very good character.)

Both GUILTY,

Of stealing goods to the value of 4s. 6d. but not of breaking and entering the dwelling-house .

Ireland. (Aged 22).

Collins. (Aged 18).

Tried by the first Middlesex Jury, before Mr. COMMON SERGEANT.

[Imprisonment. See summary.]

[Fine. See summary.]

Reference Number: t17960113-85

142. JOHN CURTIS was indicted for feloniously stealing, on the 29th of December , a cloth coat, value 20s. and a cotton shawl, value 1s. 3d. the property of Joseph Dargue .

JOSEPH DARGUE sworn.

I lost a black coat and a cotton shawl; I had last seen them in my own room about eleven o'clock in the day; we took the prisoner with the things upon him about half past seven in the evening; I was not present at the time he came down stairs with them; I was present when the things were taken from under his cloaths.

Cross-examined by Mr. Knapp. Q. Where do you live? - A. I keep the Red Lion in Hart-street, Covent-Garden .

Q. Your house is much frequented by soldiers? - A. I had two quartered upon me.

Q. Had you seen the articles between ten and eleven, and half past seven? - A. No, I had not.

Q. Was the prisoner one of the soldiers quartered upon you? - A. Yes.

Q. When he was taken, was he drunk or sober? - A. I cannot say.

Q. What time did he go out in the morning? - A. About-seven, and returned about six in the evening.

Q. Do you mean to swear that he was not very much in liquor? - A. I will not swear any such thing.

Q. Will you swear he was perfectly sober? - A. No, I will not.

Q. You found him up stairs? - A. Yes; he went up to go to bed; it might be about seven o'clock; there is a door that comes out the back way into a stable yard, and he let himself out, I suppose; the tap-room goes out into it.

Q. He came down again through the tap-room? - A. No, into the tap-room.

Q. How many persons might there be in that tap-room? - A. Only one, the servant.

Q. Is she here? - A. No; but there is a witness here that was at the bar door when he came down, and saw it.

THOMAS JOHNSON sworn.

I was in the bar about half past seven, talking to Mrs. Dargue, the landlady of the house: I was talking with her about half an hour, and the maid came in and said the soldier had got her shawl hanging out of his pocket, and she begged me to go with her, which I did; and I said to him, soldier, have you got any thing belonging to Mr. Dargue about you, and he said, no; Mrs. Dargue told him what a villain he was to rob her; we took him into the top-room, and found the shawl in his pocket.

Q. Did you find any thing else? - A. No.

Q. Nothing but the shawl? - A. And a coat tucked in the skirt, some how, of his solder's frock.

Q. What coloured coat was it? - A. A black cloth coat; we sent for an officer, and Mr. Dargue held him till the officer came.

Cross-examined by Mr. Knapp. Q. Was the coat and shawl in such situation, in the skirts of his cloaths, that they might be seen by any body? - A. The shawl was, and that made the girl observe it; I was in the yard, I did not see him go through the tap-room.

Q. Was he drunk or sober? - A. I think he was rather more in liquor than he was sober, I must say.

PATRICK MACMANUS sworn.

The last witness came to Bow-street for me; I went to the prosecutor's house, and this soldier was in the tap-room, with this bundle in his pocket, sticking out that any body might see it; I don't know whether they had altered it, but it was very visible to be seen.

Cross-examined by Mr. Knapp. Q. You say this was visible for any body to see when you went into the tap-room? - A. Yes.

Q. Was the prisoner in a drunken situation? - A. He was not sober at all.

Q. Was he very drunk? - A. He said very little, but he was certainly in liquor.

Q. You have apprehended many thieves in your time, you know; did it not occur to you that it was strange it should hang out in this visible manner? - A. I said he was a very bad thief indeed.

Dargue. The coat I will swear to; the shawl I cannot swear to.

Cross-examined by Mr. Knapp. Q. How are you able to swear to the coat? - A. I have had it about half a year.

Q. Do you know you are liable to be mistaken? - A. It has a velvet collar, and I can swear to it by the fringing of the lining: the ends of it are jagged out.

Q. Another man may have a coat with the ends of the lining jagged out? - A. There were things in

the pocket that I took out at Bow-street, as Mr. Macmanns knows.

Court. Have you any doubt that it is your's? - A. None in the world; I am certain sure of it.(It was stated by several persons in Court, that Serjeant Holloway had been attending to give him a character, but was not there at the time of the trial.)

GUILTY . (Aged 36.)(He was recommended to mercy by the Jury.)

Court to the Prisoner. The Court fines you a shiling , and you will go back to your Serjeant.

Tried by the first Middlesex Jury, before The LORD CHIEF BARON.

Reference Number: t17960113-86

143. NATHANIEL WOOD and JAMES KNEWLAND were indicted for feloniously making an assault in the dwelling-house, of the said James Knewland , upon Sarah Wilson , on the 5th of January , putting her in fear, and taking from her person, and against her will, 1s. her property .

Mr. Trebeck. May it please your Lordship. Gentlemen of the Jury: In this case, the prosecution brings before you two persons, one of the name of Nathaniel Wood, and the other of James Knewland; it brings before you, likewise, the master of one of those shops, which the public have called auction shops; and it likewise brings before you, his servant. The charge stated in the indictment against them is, that they have committed a robbery upon the person of Sarah Wilson , by taking from her 1s. violently, and putting her in fear.

Gentlemen, the circumstances of this case have been but too much laid before the public already; and as the prisoner's counsel have not the power of addressing any thing to you upon the facts, I have only just to entreat you, that any reports, or any circumstances which may have been brought before the public, may have no sort of impression upon your minds; I am persuaded they will not; but I know it is absolutely impossible for the most honest mind, not to receive impressions from stories they have heard and read.

Gentlemen, according to the old law, the definition of robbery, as far as I understand it, is, that he who takes from another, his money or goods violently from his person, and puts him in fear, is guilty of a robbery.

Gentlemen, since that concise definition of the crime of robbery, a variety of cases have been tried, and a variety of decisions have been had upon these cases; it has been determined, that there is no necessity for actual violence, and no necessity for actual existing fear, but that a reasonable fear of danger and constractive violence is sufficient to support this indictment.

Gentlemen, luckily for the public, a few years ago, a case came before this Court, upon which some doubt was entertained, the case went before the Judges, and luckily, I will say again, for the public, a larger definition, of the crime of robbery, was delivered in this Court, as the unanimous opinion of all the Judges; and, Gentlemen, left I should make any mistake in stating that definition of robbery, I will take the liberty of reading it to you."Hickman's Case, Leach 257. The true"definition of robbery is, the stealing, or taking, from"the person, or in the presence of another, property of"any amount, with such a degree of force, or terror, as"to induce the party unwillingly to part with his pro-"perty; and, whether the terror arises from real or"expected violence, to the person, or from a sense of"injury to the character, the law makes no kind of"difference."

Gentlemen, having stated to you, what certainly now is the correct definition of the legal word robbery, I shall proceed to state to you what are the circumstances of this particular case, that you may sit those particular circumstances to the definition I have laid before you. Gentlemen: It happened, that on the 5th of this month, a young woman, of the name of Wilson, had got to that part of the Strand which is near Temple-bar, and near the door of one of those shops called Mock Auction Shops, was accosted, by the prisoner Wood, as I am instructed, with "Pray, Ma'am, walk in;" she said, she did not want to walk in, she wanted to go about her business; but getting her nearer and nearer the door, he hustled her, and got her into the shop. Gentlemen, you will judge what kind of alarm that was likely to excite in her; she went in, and the civility and attention of every person in the shop appeared to be directed to her; and she discovered a person in a box, like an auctioneer's box; a person, who was sitting at a table, asked her to bid; she said, she did not want to bid; he then said, "Oh, do bid, there is a person at your left-"hand, or your right-hand, who will bid after you;" and, in short, "you must bid, you must bid." She, by this time, was considerably alarmed; and to get rid of that alarm, and likewise to get her liberty, as she will tell you, she was induced to bid; she was under greater apprehension at this time than before; for, by this time, the prisoner Wood was in the shop, and had shut the door; the door was shut upon her, and she was confined in the room.

Gentlemen, she thinking that some person would bid, bid sixpence; upon which, the person in the box instantly knocked down the lot at 14s. 6d. Gentlemen, no bidding, that she knows any thing of, or, I believe, will be proved by any body, had taken place before; and it was knocked down at 14s. 6d.: then the prisoner Knewland, is introduced to you; for when that was done, he said, Ma'am, you are the purchaser; the lot is knocked down, and you must pay for it; she said, it was a great shame, to use a servant in that way, she had bid only sixpence, it was not her lot, and it was using her very ill; the man said, you must pay, or you must leave half-a-guinea, or the parcel which you have brought with you; if you do not, I will send for a constable; he immediately, then, pretended to send for a constable; and a constable, or a pretended constable, was sent for; during the time the constable was gone for, he said, if you do not pay this half-guinea, or leave the bundle, the constable shall take you to Bow-street, and from Bow-street you shall go to Newgate; then, a person, who pretended to be a constable, came in; and, I should tell you, now, Gentlemen, that that constable we have not been able to find: when he came in, the prisoner Knewland, immediately said, take that woman to Bow-street;

upon which, without making any enquiry into the charge, or what he was to do, he bustled about, and said, I am in a great hurry, I must have a shilling, that is my demand, and if you can settle it, if Mr. Knewland gives consent, my demand is a shilling, give me that and you shall go. Gentlemen, upon that, being alarmed, as she will tell you, by this whole transaction, and for the purpose of getting her liberty, and for fear of going to Bow-street, and afterwards to Newgate, she delivered a shilling to the pretended constable, and that is the shilling which these two prisoners are indicted for robbing her of.

Gentlemen, these are all the facts with respect to the robbery; and give me leave, now, to say, that I apprehend the law upon this subject to be this, that if you shall be persuaded that the prisoners at the bar, in conjunction with this person that obtained the shilling, did introduce strangers into that shop, and by means of menaces and force, to obtain money from them, putting them in fear, or with such circumstances of terror as I have related to you, that that will be a sufficient degree of terror to support this indictment, and that it will be perfectly immaterial, if you believe them to be in concert together, whether either of the prisoners took the shilling or not; that I apprehend to be the law upon this subject.

Gentlemen, supposing you should not be of opinion that there were such circumstances of terror and such circumstances of fear, in this case, as to satisfy the charge of robbery, still there remains a considerable degree of crime behind, that will be for you to determine upon; there still remains behind, the larceny, and if you should be of opinion, that these three men together, or either of the prisoners, or both, were present, when this money was taken away, and consenting to the taking, with an intent feloniously to steal that shilling, then they will be answerable, as I apprehend the law to be, for the case of felony.

Gentlemen, I must now make one observation with respect to Sarah Wilson , the prosecutrix; - you will have only her testimony, with respect to these facts, and if those facts are true (and under the circumstances, I think you will be of opinion, that it was impossible you could have any other); as to the intention of the prisoners, you will be considerably assisted by the one other witness, who will be called to you, upon this indictment; a person of the name of Knight; for she after the transaction, was over, went to her relation, a person of the name of Knight, and desired his assistance; he returned back to the shop, and charged them with this robbery; upon which, some one person, I am afraid we shall not be able to establish who that was, but certainly some one who knew of the transaction, put a shilling into his hand, as if, by returning the shilling, that would cancel the offence that was committed before, but that certainly is not law. Gentlemen, this person looked at the shilling, found it a bad one, and he gave him another; he looked at that, perhaps for the purpose of seeing more accurately into the shop; having got the shilling, now, says he, I will shew you the way to Bow-street; he kept his word, and they were taken to Bow-street.

Gentlemen, I have stated this at length, for this reason, that it has gone abroad, that this is a new case certainly it is a new case, as far as the facts go, but shall maintain, in case any objection should be taken that though these are new facts, they come within th reach of old law; you will hear the facts of the case-you will have the law laid down by the learned Judg who presides-and you will determine upon the facts according to your own consciences, agreeable to tha law. and the Country, I am sure, will be satisfied wit your decision.

SARAH WILSON sworn.

Examined by Mr. Trebeck. Q. Where were yo going on the 5th of this month? - A. I then live in Milford-lane; I had been in Holborn, and wa going home through Temple-bar; I was walkin past the auctioneer's door, in the Strand, I don know the number, it is near Temple-bar; I wa stopped by the prisoner Wood; he said, pray ma'am walk in; I said no, I did not want to go in, I ha rather not; he said, walk in ma'am, and have look, there is no harm in having a look; upon that he shoved me pretty near to the table.

Court. Q. Did you walk in? - A. He shove me in; I saw some knives and forks upon the table there was a great company in the shop.

Court. Q. How many people do you think ther were? - A. I cannot say.

Q. Ten, or a dozen? - A. More than that; ther might be pretty near twenty.

Q. Among them, did you see either of the prisoners? - A. Yes, the prisoner Knowland; he wa at my left-hand, at a little distance.

Q. Was he doing any thing? - A. A young ma came forward to me with a knife and a fork, which he put in my hand; I said, I did not want it, would rather not.

Q. That was neither of the prisoners? - A. I was not; says he, you must bid before you can obtain your liberty again.

Q. When that was said, were either of the prisoners near enough to hear what was said? - A. Knewland was; I said, I would rather not bid, I did not want any thing; he expressed it again; I said, I won't bid, nor I would not have come it if I had not been forced; there was an elderly gentleman at my right hand, and the young man said pray ma'am make haste, you detain the company that gentleman who is near you will bid after you.

Q. Did he point to any person at that time? - A. He did, to an elderly gentleman at my right hand, whom I don't know; then I found I was not to have my liberty till I bid.

Court. Q. Did you attempt to go away? - A Yes; but I was surrounded by the company in the auctioneer-room.

Court. Q. In what manner? - A. They stood round me; and said, I could not obtain my liberty till I had bid.

Q. Was the door shut? - A. At that time it was not.

Q. Did you bid? - A. When I found I could not have my liberty without bidding, and finding what place I had got into-

Q. Did you bid? - A. I did.

Court. Q. How much did you bid? - A. Sixpence.

Q. What induced you to bid that sixpence? - A. Finding what place I had got into, and finding I could not obtain my liberty if I did not bid, I bid sixpence, thinking to obtain my liberty; when I had done, I was then turning about to come away, and was stopped by Knewland, and the other young man.

Q. You don't mean the other prisoner? - A. No; then, before I had my liberty, the auctioneer knocked them down at fourteen shillings and sixpence; upon which Knewland said they were mine.

Q. Did Knewland touch you? - A. He did not, then.

Q. But he said they were knocked down to you? - A. Yes; I refused to pay for them; I told Knewland I had not got the money, neither would I pay for them; Knewland said he must have the money; they were knocked down to me, and he must have it.

Q. Repeat what Knewland said? - A. When he knocked them down, he said they are your's; I refused to take them, and he said I must have them; upon which I said, I had not the money, nor could I get it; Knewland then said; he must have his money, they were knocked down to me; I told him it was a shame to take in any person in any such manner; I was a servant out of place, and I would not have come in if I had not been forced in; nor should not have bid if I not been forced.

Q. At this time was the door shut; - A. It was not yet; I had a bundle upon my left-arm; Knewland said, if I could not pay all the money, I must either leave my bundle, or pay half-a-guinea till I could raise the remainder part of the money, both of which I refused; then Knewland ordered the door to be shut, and a constable brought; but, before that, Knewland said that I should go to Bow-street, and from there to Newgate till I could raise the money; then Knewland ordered the door to be shut, and a constable brought; which was done.

Q. Recollect, as well as you can, when Knewland sent for a constable, what he said? - A. He ordered the door to be shut, and a constable brought. to take me to prison.

Q. During this time, where was Wood? - A. Wood came in when the constable came in; I did not observe Wood till then.

Q. Do you know who shut the door? - A. I do not.

Q. Was there any body in this company the took your part? - A. I had no body but myself.

Q. Did no body take your part in the shop? - A. No; there was not.

Q. Did this constable come; - A. Yes; and when the constable came, Knewland had one hand upon my shoulder, and the other upon the bundle.

Jury. Q. When the door was shut, did any body express a desire to go out of the room through fear? - A. I did not observe that any body did Knewland gave me a shove towards the constable and said, now, here is the constable, take her.

Q. Did the constable enquire what the charge was? - A. Knewland desired him to take me to Bow-street, and from there to Newgate.

Q. At this time, was Wood within hearing? - A. He was, when the constable came in.

Q. How near was he to you? - A. Two or three yards from my right-hand.

Q. Did he take any part? - A. I did not heard that he did.

Q. When the constable came in and that order was given, what took place? - A. The constable said, what is it to do? and Knewland repeated what he had said before, and the constable said, I must be paid for my trouble, I cannot stay, I am upon other business; I told the constable my situation that I had no money, neither could I get it; he said, then I must go with him, or otherwise give him a shilling.

Q. When the constable said that, where was Knewland? - A. Where he was before, with one hand upon my parcel, and the other on my shoulder.

Q. Did you pay him any thing? - A. I did; I paid him one shilling.

Q. Why did you pay that shilling? - A. Because I was in bodisy fear of prison, and did it through thinking I should obtain my liberty then, and I did then obtain my liberty.

Q. Tell us your reason for giving up that shilling? - A. Because I was afraid of prison, and thinking I should obtain my liberty.

Q. When you had paid that did Knewland leave go your bundle? - A. Yes; the constable said, it Knewland had a mind to release me, he had nothing more to do with it.

Q. When you had paid the shilling, did you go? - A. The door was opened to let the constable out, and as I was going out, Wood said, where would you come for the knives and forks; I made no reply to him, I was so glad that I had got my liberty.

Jury. Q. Did you observe any person come out at the same time, or did the company remain? - A. I did not observe any person come out after me

Q. When you had got free from the shop, what did you do? - A. I went to my cousins, John Knights, and he came back without me to the auctioneer about an hour afterwards.

Q. When you came back to this place, what happened? - A. Mr. Knight will tell you; I did not interrupt in it afterwards.

Q. Have you ever seen either of the prisoners since? - A. Not since they were fully committed, till now; they were had to Bow-street the same day, and I saw them again on Friday following, when they were committed.

Q. Was there any conversation of any kind at Bow-street, between you and the prisoners? - A. No.

Cross-examined by Mr. Knowlys. Q. You went, I suppose, to Hicks's-hall, and indicted these people, did not you? - A. Yes.

Q. For a conspiracy as well as this robbery, did not you-you had never seen them before this transaction? - A. No.

Q. You indicted them for a conspiracy as well as highway robbery? - A. I don't know.

Q. Did not the Justice tell you we will indict them upon two indictments? - A. I don't know.

Q. There were two bills found? - A. Yes.

Q. The other was for an assault and false imprisonment? - A. Yes.

Q. You have never had any other transaction with them but this? - A. No.

JOHN KNIGHT sworn.

Examined by Mr. Trebeck. Q. Are you any relation of Sarah Wilson ? - A. First-cousin; I live in Milford-lane, in the Strand; I went with her on the 5th of January to the auction shop, near Temple-bar, and knocked at the door, it was shut, Nathaniel Wood opened it; I asked him how they could serve that young woman so, she was with me, he made me no answer; a young man that stood forward at the table, brought forward a shilling, and put it into my hand, and shut the door in my face; I looked at it, and found it a bad one; I knocked a second time, and told him it was a bad one; that it was a good shilling that the young man received, and I would have a good one in return for it; I then told them I would shew them the way to Bow-street, and I took them to Bow-street in the evening; when I went to appear against them, Nathaniel Wood offered me money to make it up with his master.

Court. Q. Who did you take to be his master? - A. Knewland.

Q. Do you know what name is upon the shop door? - A. Knewland.

SAMUEL SMITH sworn.

Q. Do you know a person of the name of James Knewland? - A. That is the person at the bar.

Q. Where does he live? - A. No. 229, in the Strand.

Q. Is that his house? - A. I don't know whether he has the lease or not; I receive the rent of it from him.

Mr. Knowlys. My Lord, I don't know, whether under the case that is now brought forward, your Lordship would call upon the prisoners for their defence, under this charge; but, my Lord, I would address a few words to your Lordship, as arising out of the law of this case; I shall humbly contend, that these facts, admitting all to be true that has been stated by the witness produced against the prisoners, do not amount to the crime of robbery. The charge is, my Lord, that the prisoners at the bar, Nathaniel Wood and James Knewland, did, with force and arms, in the dwelling-house of the said James Knewland, feloniously in and upon Sarah Wilson , spinster, make an assault, putting her, the said Sarah, in corporeal fear and danger of her life, and 1s. the monies of the said Sarah, did violently steal, take, and carry away. My Lord, the evidence here goes, I don't say to prove no offence whatever, but not to prove the offence here charged.

My Lord, I believe there is nothing which has been more lamented than the possibility that the construction of felony should be extended beyond what the law originally intended. My Lord, it has been apprehended, that some constructions of felony that have been taken up unadvisedly, have been acted upon; and certainly it has been lamented, that the old definition originally given, has been in any instance departed from, and if we depart from it in any instance, though in the smallest possible degree, we get further and further, till at last we lose fight of the old original line of common law, which is the only true line to go by. My Lord, this is an indictment for robbery. The definition of robbery is, taking by force and violence, and that force and violence, putting in fear constructively, for that has always been held to be something drawing apprehension for some personal safety, with only one exception, in which that proposition has been at all deviated from; an exception which one does not wonder nor lament that it is an exception from the general rule, which is in the case of that fear which is naturally brought upon a person, by the threat of an accusation of a nature too horrid almost to conceive. It has been held, that that would operate upon the firmest mind that could possibly he created; that the dread of such an accusation does so far amount to a dread of personal violence, that it is that kind of violence which no person can resist, which no person could repel the exercise of by the sacrifice of any property whatever; but, I take it, that the only violence here complained of, is a violence, as they say, to get money; and to get money under this sort of fear, a fear of imprisonment. Now, my Lord, I take it, a fear of imprisonment never was the contemplation of the law, under which the parting with property should amount to a robbery. My Lord, the indictment always charges, and what the intent of the law is, certainly is well col

lected from the uniform and constant course of precedents; the uniform and constant course of precedents is this, that they did put the party in bodily fear and danger of his life, which shews that kind of fear which the law expected to be excited, and that kind of fear that operated upon the party to part with that property, which should constitute a robbery; the prosecutrix expressly negatives that her fear was of that kind; for, if we take the facts from which the fear arises, she says, they put me in bodily fear; not stopping there, which might be construed into robbery, but a bodily fear of prison are the very words made use of: she further says, that the threat was this-that the constable should carry her to Bow-street, and from thence to Newgate; that is to say, that he shall first of all carry her before a Magistrate, to make some complaint against her, the nature of which is not apprehended, but which is to grow out of the transactions there arising; refusing to accede to the contract, after having bid for the article; the threat is, that she is to go to Bow-street, and from thence to Newgate; by which, Bow-street, she seems perfectly to understand, was meant, that he should carry her before some Magistrate. Now, shall it be said, that the fear of being carried before any Magistrate, to have any complaint investigated, excepting only that which I have mentioned, so terrible in its nature, and which your Lordships have construed to amount to a threat of personal danger; can it be supposed, that upon any constant mind whatever, such a fear of being carried before a Magistrate, and from thence to prison, which never can prevail, unless it should be proper so to send the person, can it be supposed that this shall operate in constantem virem? Every loose apprehension is not to be considered such a putting in fear as shall make the person's life pay the forfeit, says Lord Hale, in many places; I need not recite the passages, because they are in your Lordship's memory: it must be such a fear as is to fall in constantem virem. Now, my Lord, I ask, what is this but a conspiracy? if all these facts be true, a gross conspiracy, certainly to induce a person, first of all to come into an auction shop, where she was not imprisoned, where the whole public were passing, the door not shut; this is the first beginning of the transaction: then there is a conspiracy certainly, to persuade a foolish girl, that she is to bid; very dishonestly, I admit, and very culpably, to persuade a poor foolish woman to bid sixpence, and then to make her pay for a lot of goods that were not worth so much; but there is no pretence, that it was any thing but a stratagem to induce her to purchase a lot of goods; for, when she was going away, they call to her, When will you call for your goods? it is not taking money from her by violence; the only thing attempted was, to induce her, by a conspiracy and plan, to purchase this article of goods. Then, my Lord, at the time this takes place, she parts with the shilling; it is a demand made by the constable; I do not mean to say, a legal demand, but a demand made by the constable, as a pretence of satisfying him for his trouble; and then he would let her go: but, my Lord, at the time she delivers that shilling, it seems, that it is to pay the constable for his trouble, upon going away; that therefore, the only fear she ever had upon her mind was, of being carried to Bow-street. We have had the case of Hickman alluded to, in which is that only exception, in which the law may be said to deviate from the common understanding of the common law, if it does deviate at all; and there, the Judges resolve, that such a horrid threat, as I have alluded to, is equal to any fear of bodily danger; but what is more, it says, the fear, if not a fear of life, shall at least amount to such a fear as should rather make a man desire to sink into the grave for ever, if possible, than to have such an imputation go abroad against him; but that is the only exception; and the Judges are speaking of the law, as relative and applying to that single case; I think, the fear there excited is such, that a person can never possibly shake of the evil; it is impossible to get rid of the evil. But what is the case here? Is it not possible to get rid of the imprisonment, by an appeal to the Country? to be carried before Magistrates, charged with no possible crime, nothing that can affect her reputation; nothing is alledged against her, that can lay the smallest stain upon her character; the threat was, to take her before some Magistrate, from whom we have a right to receive justice; but the man says, "if you do not give me one shilling, I will send you to jail;" I should like to hear some such case quoted from the common law, that the mere naked threat, of carrying a person to jail, without taking violently from the person; I mean the mere naked threat of carrying a person to jail, by which, and which alone, the party parts with his property, was ever ruled to be a highway robbery. I defy them to produce such a case; I am sure, that even the reading of your Lordships, or the reading of those who have sat upon the bench longer than your Lordships, never can supply such a case as that.

My Lord, I remember a case, in which a bailiff had a woman in custody-says he, you shall give me something to drink; and immediately put his hand to her mouth, and wrenched a shilling out of her manuel custody; and he handcuffed her to another person; but here there is no such thing; the woman, from the sole apprehension of being carried before a Magistrate, has the shilling taken from her; and the only violence is, that which your Lordships must make a constructive violence; that the threat of being carried to jail, shall operate upon a person of a constant and firm mind, to make them, by that threat, part with money.

Now, my Lord, with respect to the other part of the case, it is said, that if it is not a robbery, it is a larceny: why my Lord, I shall humbly contend, that it is a robbery, or it is no felony; it is certainly a bad offence, and the parties are likely to be severely punished for it, and nobody will lament it: but how is the definition of larceny to take place here; larceny is, a taking, against the will of the owner; but, my Lord, here is no taking, here it is an actual delivery; if that delivery is so far forced from the party, that he cannot help delivering it, it is the same thing as if you take it out of his pocket; and that will constitute a robbery, because you make him deliver that money through fear; therefore, I humbly contend, that there is no shade of difference between a violent taking, and a taking; it is a violent taking arising from these constructions, out of these facts; or it is nothing at all; it appears to me,

therefore. that there is no prteence at all, under these facts, for the charge of larceny.

My Lord, these are the observations which I felt it my duty, in a case alledged to be new, and which certainly is new, to lay before your Lordship. I beg pardon for having taken up so much of your Lordship's time.

Mr. Const. My Lord, I am also of counsel with Mr. Knowlys, in this case, for the prisoners at the bar, and I find myself in the situation, that those frequently are, who follow on such subjects, that there is very little left them to observe; the little, however, that occurs to me, I will trouble your Lordship with very shortly.

With respect to the last part of the case, that Mr. Knowlys has alluded to, whether it is a larceny or not; it appears to me to be so clear, that it would be the most idle thing in the world to attempt to maintain, before so high a tribunal, that the taking any thing from a person, whether by violence or threat, is not a larceny; it can be nothing but a robbery, certainly.

With respect to the other parts of the case, the two leading cases that we have, namely, those alluded to by Mr. Knowlys, go extremely beyond the present; one of them is the case of Gascoigne, in Mr. Leach's book, 234.

Lord Chief Baron. That is an extremely impersect case.

Mr. Const. It is so, my Lord; but even there, it was of a person in custody; of a man who called himself a constable, who not only took the shilling out of her hand, but it was coupled with another circumstance, that he hand-cuffed her, and carried her to prison, without the authority of a Magistrate; and, in the course of their journey to prison, he took from her pocket other money, which he had heard rattle; and there, I find, it was the opinion of the Judges, that it was a robbery, because the Jury found, that the prisoner had shewn an original intention, to take all the money she had; that was a part of the finding; for, he not only wrested the shilling out of her hand while she was hand-cuffed, but shewed an original intention of taking all she had. My Lord, that case is so dissimilar to the present, that it is hardly worth observing upon, because, in the present case, I am not going to say, whether it is a conspiracy, or false imprisonment, to extort money, or what it is; it is sufficient for me, if I shew, that when carried to its utmost extent, it is not the crime with which they have charged the two prisoners at the bar; and they were so convinced of it, that they have since been better advised, and have got a bill found against them for a conspiracy and assault; for that is the only offence for which these men can be punished, if they can be punished at all; because, here your Lordship fees the only intention, in the party accused, was, to make her purchase goods, and that appears all through the case; for, the last thing one of the men said, was, when will you come and take away your knives and forks.

My Lord, the other case is, that of Hickman, and, I believe, the principle of all the cases that have been decided under such circumstances, has been intended merely to have operation in one of these two ways, either parting with property from violence, or from a sense of injury to the character, which is rantament to violence, and perhaps involves every other injury a man can sustain; but, under neither of these descriptions, do the prisoners come; the latter is the only instance, in which such construction was ever put upon it; there is no other case whatever, in which the construction has gone the length of accusing of a highway robbery; but, in this case, it appears from the evidence, that all the threat was, the taking her before a Magistrate, and from there to prison; and, their being told afterwards, that they would shew them the way to Bow-street, perfectly shews, that she knew how she was to apply for redress; and your Lordship observes, this is a transaction, the whole of which passed while the door was open, close to Temple-bar, at twelve o'clock at noon; had she apprehended any injury to her person, the least noise would have brought protection to her; but, in the other cases that have been ruled, there has been no such protection at-hand; for, in those cases, instead of applying for redress, wishes to avoid the publication, and by that means, is shut out from all protection, that is always the case, where it is ruled to be a highway robbery.

My Lord, I am very sorry to have taken up so much of your Lordship's time, after Mr. Knowlys has gone so very fully into it.

Mr. Trebeck. My Lord, in answer to what has been said, by the learned gentlemen who are of counsel for the prisoners, I shall trouble your Lordship shortly, and answer them as fully as lays in my power.

In the first place, what a bill found at the Clerkenwell Sessions for a conspiracy, or an assault, has to do with this, I cannot tell: I am sure it will be determined, that the question of conspiracy has nothing to do with it. I stated to the Jury, that unless they believed that these people were conspiring together, to effect this felony, these men could not be properly convicted.

My Lord, it is said, that in this case there is no larceny; suppose two people go into a shop, one takes something out of the shop, and the other is in the shop close by, will it not be matter for the Jury to say, whether these two people were concerned in that taking.

Mr. Justice Heath. The question is this-if there is neither fear nor violence, what is there to constitute a robbery; and if there is fear and violence, it is a robbery.

Mr. Trebeck. My Lord, for arguments sake, I will take it, that there has been no violence or fear, then the question is, has there been a felonious intention in the persons, to convert that money taken from her to their own use, I take it that that is a question to go to the Jury for them to determine upon that intention.

My Lord, with regard to the question of robbery, I have this to say, that what those cases are, which my learned friend has mentioned, that have been determined, and afterwards repented of I do not know; but this I know, that here is the determination of the twelve Judges upon serious consideration of what they should hold out to the word, to be the law of this land with respect to robbery; and that arising upon a very particular case, to which my learned friends have alluded; that of Hickman, for threatening an unnatural attempt; in that, they have laid down a positive definition; it is impossible for me to contend, that this case enters into every part of that definition: in the first place, is not

free-will and free-agency taken from this woman? - Was she so completely mistress of her own will that she was under no restraint, and gave it with her consent? - She tells you, she did not give it willingly, but that she gave it under the impression of terror. My learned friends contend, that there is but one instance of terror (and that is the instance alluded to in that case) which will supply the necessary averment in the indictment of viet armis; but that is not the case, by that definition, for that definition says, whether that terror arises from real or expected violence to the person; and, I would ask, in this case, whether there is not the most serious apprehension, that this person is going to suffer a violence to her person; namely, to be dragged from that house to Bow-street, and from thence to prison: is not that such a violence upon the person, as to create a sufficient terror, to induce her to part with her money, My learned friend, Mr. Knowlys, has said, it must be a fear that will operate upon the firmest mind; my Lord, I conceive, that the fear of a man is not to be tried by his nerves; but is this such a transaction as would cause a fear in the minds of mankind in general? - I contend, before your Lordship, that this woman being shoved into the shop, surrounded by a number of people, and threatened with being carried to jail, is such a degree of force as might create a terror, I will say, in all mankind; and if that was the degree of terror created, it is brought within the definition, in this case.

My Lord, I am not driven to the necessity of entirely relying upon that constructive force, because, in this case, I have the real force; for if the Jury should be of opinion that these people conspired together, I say, that the force used by the prisoner Wood, and the force used by laying hold of, and detaining the person and the bundle, is such a real violence, that if that be couple with the terror under which she parted with her property, that there is real force; then if that be so, I have brought this particular case within the exact definition laid down in Hickman's case, sufficiently to support this indictment. My Lord, supposing there had been no threats to take her to Bow-street; I say, that taking her into the shop, and detaining her and her property, that that is a sufficient vi et armis, and a sufficient force to convict them independent of the other.

My Lord, it was laid down in Donally's case, that the Court wished particularly to have it understood, that all these cases of robbery should depend upon their own particular circumstances; but having such a question brought before them, as that in Hickman's case, they say it is high time for the Judges to consider what is the law of the land respecting robbery; and having met and agreed together what is the crime of robbery, we hold it out to the world, that this is the crime of robbery, if any person obtains money, whether it is obtained through fear of real or expected violence, or a sense of injury to the character; this we hold out to the people of England as the law; and if a case comes within that, namely, that there is a reasonable degree of expected violence, by any mode, so as to take away the free-agency, and to make them give up their money, according to the definition in this case, unwillingly, then, I say, my Lord, it falls completely within that definition.

My Lord, having considered what Mr. Knowlys and Mr. Const have thought fit to offer to your Lordships upon this subject, I have only this to say, that I certainly would not have troubled the Court, at this length, could I, by any ingenuity that I could use, discover wherein this case fails of coming within that general definition. If it be a new case, I am sure your Lordships will reserve it for the consideration of all the Judges; but I must own that I cannot myself see the distinction; and if I had been able to persuade my own mind that there was a distinction in this case, and that it did not come within that definition, I would not have pressed this case against the prisoners; but, from a conscientious discharge of my duty, I thought it right to trouble your Lordship with the observations I have made; I hope I have not transgressed the line of my duty.

Mr. Knowlys. I will trouble your Lordship with a few words, by way of reply. My learned friend has said, he would have the law laid down in this way, which seems to go to a length most enormous and shocking, indeed; he says, if a man takes away the free-agency of another, and takes away money unwillingly, that will constitute a robbery. My Lord, have we never heard of actions for obtaining money under durance, which my learned friend says comes under this definition. He says, what the Judges laid down in those several cases, to which we have alluded, are authorities in those cases only. My Lord, the definition that my learned friend takes, is a definition extracted from one of those cases, which, he says, are an authority to themselves, and to themselves only; but I will take the definition my learned friend has given me, and utterly deny, with confidence of success, that it does not come within either of those senses. Two ingredients are necessary, either a violence actually committed on, or expected to be committed on the person; or there must be that kind of injury to the reputation that will induce any person to part with money, just as any threat of personal violence would do. Now as to any injury that could arise to this young woman's reputation, no such thing is stated. Now let us see what was the dread she has swore she was under? The dread of imprisonment, for which God knows the law has provided an abundant remedy; and, thank God for it, because the moment I am carried before a Magistrate, that very moment the Magistrate will examine into the facts, and either scout them or put them into a mode of further investigation; and this is the only exception which I have pointed out, that has been ruled, namely, that under the circumstances to which I have alluded; the very coming before a Magistrate, and exposing the facts, amounts to all the personal fear, that putting a pistol to the head could have occasioned a man; because from that time, such a threat must leave an impression to the time of the dissolution of that man; that is the only case that has been so ruled. But according to the definition of my learned friend, it goes beyond example, because then there is no such thing as an indictment for extortion; when a constable takes me up, he destroys my free-agency; suppose the charge false-he takes me up without a warrant, and says, give me half-a-crown, and I will let you go; and he takes my money, will it be said, that any person upon earth could hope to sustain an indictment for robbery?

It is said, that violence was used at the time; I deny it; the violence sworn to is, that at the time the constable came in, he had his hand on her shoulder, and on the the bundle; but all the violence imposed or offered, was imposed or offered with an express qualification, that she was detained till she paid for her lot; and with that understanding upon her mind at the time, that is the only violence which they had in contemplation; and if she had sworn, otherwise, could she have been believed? because she has sworn, that except confining her, with intent to buy this bargain, all was civility to her; therefore absolute and bodily violence to her never could have been in the contemplation of the parties; it was, perhaps, to coax her to buy a bad bargain, but if that would not do, there is this threat made use of-if you will not pay for these goods, which you have so purchased, you shall go to prison. If that be robbery, extortion is at an end-conspiracy, accompanied with any sorce at all, is at an end-and there remains no one desinition of any species or mode, in which money can be got from a person with out their will, but what must turn out to be punished, however trivial the circumstances, with death, by the sentence of the law; and if it does go that enormous length, which I contend it does, I am sure the very going that length is enough to make your Lordship revolt at the argument my learned friend is obliged to make use of. I do not mean to contend that my learned friend means to strain the law, but only that he is set upon to maintain a certain point in argument that does go that length; that he would be the last person to wish should take place; but it is my duty to attack the arguments, and I say they do go that enormous length.

My Lord, if the violence that my learned friend says is used, is not actually such as draws the money from the person, then there is no highway robbery; if the violence did not prevail, then the delivery of the money is voluntary and without fraud.

Lord Chief Baron. You need not labour upon that, it was given by the woman.

Mr. Knowlys. Then I contend, my Lord, that it does go that length; that the extortion of money, during imprisonment, conspiracies, and so on, cannot constitute any less offence in the party receiving that money, than in the enormous offence of highway robbery, subjecting the party convicted to the sentence of death by law. -

Mr. Justice Heath. This case is different from any former case. As to the cases that have been cited, they only go thus far-that to obtain money of a person, by accusing him of that which, if proved, would carry with it an insamous punishment, is sufficient to support an indictment of this sort; but it never has been decided, that merely a charge of imprisonment and extortion of money, in this manner, has been sufficient; however, the doctrine that has been laid down by the Judges, in giving their judgments upon the two cases cited, are very broad. It is necessary, to be sure, in all cases, and more particularly in the administration of criminal justice, the doctrines upon which the Judges proceed, should be clear and decided; and we are all of opinion, that this is a proper case to take the opinion of all the Judges; it will be necessary to take the opinion of the Jury upon certain facts, and after that is done, a case will be made for the opinion of the Judges.

Knewland's defence. I have only to say, I never put my hand upon the woman, nor touched her money.

Wood's defence. I stood as a weekly porter at the door; I never touched the woman, she went in of her own accord.

Mr. Const. My Lord, we have some witnesses to character; but under such circumstances, I think it cannot be necessary to call them.

Court. Certainly not.

Both GUILTY Death .

Court. (To Mr. Fitzpatrick). Have you recorded the verdict? - A. No, my Lord.

Court. Gentlemen, do you wish to add any thing to the verdict before it is recorded?

Jury. My Lord, we hold it as a combination.

Court. Are you of opinion that the money was given under the impression of their carrying her to Bow-street?

Jury. We think the degree of violence offered to her was more than threatening to carry her to prison; we imagine that at the time they talked of carrying her Bow-street and to Newgate, she did not know, at that time, the extent of the violence committed upon her.

Court. Is that your opinion upon the whole of the case?

Jury. The circumstance of Knewland's putting his hand on one of her shoulders, and the other upon her bundle, we think is more than merely to threaten to carry her to Bow-street and to Newgate, the extent of the violence of which she could not know.

Court. Do you wish that to be added to the verdict.

The Jury deliberated.

Court. We will not trouble you any further, we will take the verdict as it is. (The verdict was then recorded).

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

Reference Number: t17960113-87

144. ELIZABETH WOOD was indicted for feloniously stealing, on the 19th of December . a muslin handkerchief, value 3s. the property of William Wilson .

ANN WILSON sworn.

I keep a lodging-house, No. 2, York-street, Queen Ann-street East .

Q. What is your husband's name? - A. William Wilson : On the 28th of last month, I lost a muslin handkerchief; it was taken out of the clothes off the copper; I missed it that day, but it was taken before; I found it afterwards on the 31st, at Mr. Everard's, a pawn-broker, the top of Berner's-street.

Q. Where did you lose it from? - A. A basket of things collected up for the wash, on the copper in the back kitchen; the prisoner came to help a servant of a lodger in the house.

Q. Was she there the day you missed these articles? - A. Yes; she was taken up on the Wednesday night, and Henry Bates found the pawnbroker's duplicate upon her.

HENRY BATES sworn.

I belong to Mary-le-bonne watch-house: On the 30th of January, about nine or ten o'clock, the prisoner was brought to the watch-house on suspicion of a robbery; I searched her and found forty-six duplicates upon her.

Q. Did you find any duplicates relating to a muslin handkerchief? - A. Yes; I went with it to Mr. Everard's, in Berner's-street, and found the handkerchief; I found three keys upon her belonging to Mr. Wilson's house; I have them in the bag among the duplicates; I asked her what they belonged to, she said, one belonged to No. 2, York-street.

WILLIAM NORRIS sworn.

I live with Mr. Everard, pawn-broker, in Berner's-street. (The duplicate shewn to him).

Q. Who brought that handkerchief to pawn? - A. I know the prisoner, she is a customer, but I cannot swear that she brought it; I took it in on the 29th of December; I delivered this ticket to the person when I took it in, it was pawned for 1s. 6d.

Q. Where is the handkerchief? - A. It was delivered to our young man; he took two handkerchiefs to the Magistrates; I was not before the Magistrate, he is here, his name is Mann; he went to the Magistrate, and going along, he took the bills off the handkerchiefs.

Q. Then you are not able to say that is the handkerchief you took in? - A. No.

Q. Then you are not able to say that is the handkerchief you took in? - A. No.

Q. Did you deliver two handkerchiefs to the young man with the duplicates upon them? - A. They were laid by to be taken to the Magistrate.

- MANN sworn.

I think, on the 30th, or 31st of December, I went to Marlborough-street with two handkerchiefs.

Q. Whom did you have the handkerchief from? - A. One of them I took in from the prisoner Wood, the 26th of December; the one that I remember.

Q. Was she at the shop on the 26th of December? - A. Yes; she brought a cambrick handkerchief.

Q. Do you know of any muslin handkerchief that was pawned by her? - A. The muslin and the cambrick handkerchiefs were taken down to the justices together.

Q. How came you to take the duplicates off them? - A. I did a very wrong thing to be sure.

Q. How came you to take them off, was it to render it uncertain who pawned the one, and who the other? - A. I took them off before I recollected myself.

Q. How many duplicates are here now? - A. Three.

Q. Can you point out the muslin handkerchief? - A. Here it is.

Q. What do you know about the muslin handkerchief? - A. I know nothing about this.

Court. There seems to have been some contrivance in taking off these bills; the woman is in custody, they are sent to the office, and by the way, the tickets are taken off. It is impossible upon this evidence, to convict the prisoner, he has no recollection of the person or any thing about it, you must acquit her.

NOT GUILTY .

Tried by the first Middlesex Jury, before

Mr. Baron THOMPSON.

Reference Number: t17960113-88

145. THOMAS DAVIS was indicted for feloniously stealing, on the 13th of January , five pair of women's leather slippers, value 15s. the property of James Phipps .

JAMES PHIPPS sworn.

I am a shoe-maker : On the 13th of January, about seven o'clock, I was measuring a gentleman for a pair of half-boots; I heard my apprentice call out, stop thief; I immediately ran out, and saw the man before me; a gentleman coming down stopped him immediately.

Q. How far had he got from your shop, when he was stopped? - A. About one hundred yards; he never was out of my sight; when the gentleman stopped him, he said, it was not him, what did he stop him for; they took him immediately to the watch-house, nothing more passed; I staid in the shop, and left them to take him to the watch-house.

Q. Was any thing found upon him? - A. No.

Cross-examined by Mr. Knapp. Q. What sort of a night was this? - A. It was not dark.

Q. What time in the evening was it? - A. It was the 13th day of the month, it was not dark.

Q. What sort of a night was it? - A. I did not take thought about it.

Q. Did it rain? - A. No.

Q. When the prisoner was stopped, he asked what he was stopped for; stop-thief had been cried before that; every body understood what you had been robbed of; was it not understood that you had lost some shoes? - A. They did not understand

what was lost, they knew something was lost; the prisoner said it was not him.

THOMAS TIPPEN sworn.

Q. How old are you? - A. A going of fifteen.

Q. Did you know what you were doing, when you took that oath? - A. I offend God Almighty, if I do not speak the truth.

Q. Did you observe any thing happen on the 13th of this month? - A. A man peeped in at the window, and pushed the door open, and put his hand in and stole a handful of shoes; he had been looking in at the window all the evening.

Q. Where were you standing? - A. Just by the door, in the shop.

Q. What was your master doing at this time? - A. Measuring a man for a pair of half-boots.

Q. Was he stooping to measure the gentleman? - A. Yes, I saw him come and take the shoes; I conceived it to be five pair, he dropped one pair at the door; he ran away, I ran after him; I called out, stop-thief, as hard as I could, he was never out of my sight; a gentleman stopped him coming down Bow-street, Bloomsbury.

Q. Should you know the man again? - A. That is the man, (pointing to the prisoner).

Q. Do you know what became of the other shoes? - A. He threw the others down in Holborn to his companions, I could see him do it.

Q. Were the shoes looked for afterwards? - A. Yes, we could not find them.

Q. How far were you from him, when he threw them away? - A. About two yards.

Cross-examined by Mr. Knapp. Q. This was at seven o'clock you pursued the man that had the shoes? - A. They were women's slippers.

Q. How far did you pursue him? - A. I pursued him down Bow-street as hard as I could; I live in Drury-lane, No. 1.

Q. There were a great many persons in the street then? - A. Yes.

Q. A number of persons passing and repassing, he must have got out of sight? - A. No, he was not out of sight.

Q. If there were a number of persons passing, do you mean to swear that he was never out of your sight? - A. He was never out of my fight till he was caught.

Q. Had you any conversation with your master upon this business? - A. No.

Q. He never told you that you must say he was never out of sight? - A. No.

Court. Q. Have you any doubt, that that man was the man that took the shoes? - A. No; I saw him five or six times peeping in at the window.

JAMES MACMANUS sworn.

Last Wednesday night, I was coming down Bow-street, I heard the cry of "stop thief;" I met the prisoner, and stopped him, and asked him what was the matter, he was running; there were a great many people, some before, and some behind; I laid hold of him, and asked him what he ran for; he said nothing at all; I took him down Bow-street.

Q. Did you see him throw away any thing? - A. No; I felt him down, and found nothing on him. I carried him to the watch-house; he went very quietly.

Cross-examined by Mr. Knapp. Q. I believe, at the time you heard the cry of "stop thief," there were a great many persons running; you searched the prisoner and found nothing upon him; he went very readily with you, and you took him to the watch-house? - A. Yes.

Prisoner's defence. I was not near the place at all; Mr. Phipps said, he should be glad to have me transported for the loss of the shoes; and instigated the boy at Bow-street to swear against me.

Mr. Knapp. (To Tippen.) Q. You say you saw the shoes drop? - A. No; I did not see them drop.

Q. Who has had the shoes since? - A. I have had them in my possession.

Q. They were never left at a public-house? - A. No.

Phipps. There is a mark in them; they were bespoke shoes.

Q. When had you seen them before? - A. That evening; I had set them in the window just before.

Q. (To Tippen.) You was before the Grand Jury at Clerkenwell? - A. Yes.

Q. Did you go into any public-house? - A. Yes, one public-house, the Bell, at Clerkenwell.

Q. Were the shoes not left in the custody of the keeper of that public-house while you went before the Grand Jury? - A. No; they were in my possession all the while; they were in my pocket.

Q. (To Phipps.) You were at the Bell public-house? - A. Yes

Q. During the time you were at the Bell, did you put the property any where for security but in the boy's possession? - A. No; the Magistrate gave them to the boy, and he has had them ever since; the boy took them before the Magistrate, and the clerk of the Magistrate ordered them to remain in the possession of the boy.

Q. During the time you were at the public-house, were the shoes in the possession of any other person than the boy? - A. No; they were not.

Q. Were there any other shoes there? - A. Only a pair I made a present of to a man, because he had half-boots, and they were very clumsy, to walk up the steps; for no other reason.

Q. Who was that man? - A. Macmanus.

For the prisoner.

GEORGE SETTRE sworn.

I am clerk to an attorney.

Q. Were you at the Bell public-house the day this business went to the Grand Jury? - A. I was at the Bell with the prosecutor and Macmanus; a pair of women's slippers were produced, and delivered by the prosecutor to the landlord.

Q. You saw Mr. Phipps give a pair of slippers to somebody? - A. To the man of the house.

Q. To whom did he give them? - A. To his wife.

Q. Did you see him deliver them to his wife? - A. Yes.

Q. Whether you knew, at the time, that those slippers were the subject of the present charge? - A. I did.

Court. Q. What time of day was this? - A. In he afternoon, between five and six o'clock; before hey went before the Grand Jury.

Court. Q. What brought you to that house that day? - A. I had business at the Sessions-house.

Court. Q. For yourself? - A. No; for my master.

Court. Q. What was it? - A. For an assault.

Court. Q. How long did you stay that afternoon? - A. Till six or seven o'clock.

Court. Q. Were you in the public-house all that time? - A. No.

Court. Q. How happened you to know that these shoes were the subject of an indictment? - A. I knew Macmanus; and he told me he stopped a person with a pair of shoes; Macmanus and Phipps, and the boy, were drinking at the public-house, and he shewed me the bill of indictment; he had it in his pocket.

Court. Q. What sort of looking thing was this indictment? - A. It was on a slip of parchment; he said it was for robbing Mr. Phipps of a pair of shoes; then Mr. Phipps produced the slippers from the little boy.

Court. Q. Where had the boy got them? - A. He took them out of his pocket, the landlord was present; he said that he thought they might fit his wife.

Court. Q. Who said that? - A. The landlord; he took them from Mr. Phipps, and carried them into the bar to his wife; his wife looked at them, and said she did not want any slippers; they were delivered to me, and I brought them back, and returned them to Mr. Phipps.

Court. Q. They were the very same shoes that were carried? - A. Yes.

Jury. Q. Whether the last witness is not clerk to the solicitor for the prisoner? - A. No.

Q. Not for the prosecution? - A. No; I am clerk to Mr. James Hunt, at Chelsea.

Q. (To Macmanus.) Are you acquainted with the last witness? - A. I know something of him.

Q. Were you at the Bell? - A. Yes.

Q. Did you see him there? - A. Yes; I went first from Bow-street to the indictment-office; I went and gave my instructions to Mr. Johnson; he desired me to wait a few minutes, and I went over to the Bell; he gave me the bill to put in my pocket, I had it in my pocket, I might pull it out.

Q. Did you shew it to the last witness? - A. I shewed it to Phipps and the boy, he might see it as well as they.

Q. Did you see Phipps pull the shoes out of the boy's pocket. - A. I did not.

Q. You did not see him deliver them to the man of the house? - A. I did not.

Q. You did not hear him say they would fit his wife? - A. I did not; I saw them in Settree's hand, but never out of sight.

Q. Were they carried to the bar? - A. I don't know that they were; I did not pay much attention.

Q. (To Tippen.) Were you present with your master at the public-house? - A. Yes.

Q. Did any body take the shoes to the bar? - A. Not that I saw; that gentleman asked to look at the shoes, and my master bid me pull them out of my pocket for him to look at them; he shewed them to that gentleman, they were never out of my sight all the time; I put them in my pocket again.

Q. Did the landlord come up and say any thing about these shoes? - A. Not that I heard.

Q. Were they carried to the bar? - A. Not to my knowledge.

Q. You must have known it if they had? - A. Yes; for I was there sitting all the while.

Q. (To Phipps.) What passed as to these shoes? - A. I recollect this gentleman coming up, and saying, if I would emply Counsel, he would be bound I should be paid for my property; he said, what have you lost? I said nothing but a pair of shoes the boy has in his pocket; I am not sure whether he asked to see them; I believe the boy shewed them to him.

Q. Did the landlord say any thing to you? - A. Nothing at all.

Q. Nothing about fitting his wife? - A. Nothing at all.

Q. Were they carried to the bar? - A. Not to my knowledge.

Q. Must not you have known it if they had? - A. Yes.

Q. How far was the bar from where you were fitting? - A. I cannot say.

Q. If the man had them in his hand, it was but for a moment? - A. They were never out of my sight.

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

Prisoner. I am innocent of it; I heard the cry of

stop thief," I saw a great many people running, at gentleman stopped me; I know nothing of it.

GUILTY . (Aged 21.)

Tried by the first Middlesex Jury, before

The LORD CHIEF BARON.

[Transportation. See summary.]

Reference Number: t17960113-89

146. AARON LEVI was indicted for feloniously stealing one goose, value 3s. the property of Thomas Prinnan and Eleanor Connor , December 3 .

ELEANOR CONNOR sworn.

I live in Whitechapel , I keep a stand there; I lost three geese from a board belonging to myself and Mary Prinnan , the wife of Thomas Prinnan; she are partners.

Q. Do you know the prisoner? - A. Yes; that the, (pointing to him).

Q. Do you know what age he is? - A. No.

Q. When was it? - A. This day month; I got two of them again; I had seen them about five minutes before; I know nothing of his taking them.

WILLIAM ROSS sworn.

I saw the prisoner take the goose by the neck off Mrs. Connor's stall; I pursued him, and caught him before he was a hundred yards from me; when took hold of him, another chap, with a bag under his arm, took the goose, and ran away with it.

Q. Did you know him before? - A. No.

Q. Has he a father or mother? - A. I belive he has a father; he is going of ten years old.

Prisoner's defence. I was going out with oranges, when this boy came up to me and pushed me in the kennel, and dragged me back.

For the prisoner.

ELIZABETH PRATT sworn.

I sell fish and fruit the corner of Petticoat-lane; I never saw the boy before this affair happened. I saw William Ross bring the boy by the collar, and grossly ill-use him, I have known him frequently do so by other children; I took the boy from him, and asked him what he had done; he said he had stole a goose; I asked where the goose was? he said he did not know. I asked the boy if he knew any thing of the goose? he said, no; he never saw none; he was taken to the Justice's.

Q. Did you go to the Justice's? - A. Yes.

Q. Did you tell the same story there? - A. No; I was not permitted to speak. When William Ross went in to swear against him I thought he was not capable of taking an oath; and I will tell you by which means he was not: I told him, when he went in, to be sure and mind what he said, by reason he was upon his oath; I went in, and heard him swear he took the boy with the goose, and brought him back with it, which false, because the goose minutes after

Q. (To back? - A. loose, he

Pratt. out, I believe you were said false, he said he knew he had, but as Moll Bush said, he must say the same.

Q. Who is Moll Bush? - A. priman. That is my name by my first husband. The officer brought the other two geese back: they were found in two different houses the boys had chucked them into.

Q. Do you know Ross? - A. Yes; and his mother too; he bears a very good character, as a very honest boy.

Q. You never instructed him what to say? - A. No.

MARY OSBURN sworn.

I sat at Mrs. Percy's door, in Whitechapel, facing this stall; I saw this boy, William Ross , beating the prisoner, and Elizabeth Pratt had hold of him, I asked him what he was beating him for? he said he had stole a goose; the boy said he knew nothing of the goose; and another boy came in with the goose, he said he had picked it up; it was all over mud.

GUILTY . (Aged 10.)

Tried by the second Middlesex Jury, before

Mr. Justice HEATH.

Reference Number: t17960113-90

147. MARY TAYLOR was indicted for feloniously stealing, on the 17th of December , two silk petticoats, value 10s. a cotton gown, value 4s. a silk petticoat, value 3s. and four bed curtains made of cotton and worsted, value 10s. the property of Charles Nicholls .

CHARLES NICHOLLS sworn.

I am a dyer and sower , I live at No. 3, Meard's-court, Soho ; I lost the things mentioned in the indictment, on Thursday the 17th of December, about six o'clock in the evening; they were taken from the shop counter, they were the goods of a customer; I had seen them about an hour before in the window, my wife put them on the counter; I was at work below stairs, I did not see them again till last Saturday se'nnight.

Q. Did you see all of them again, or only a part? - A. Only the dark flowered linen gown; I was sent for by a Mrs. Jarvis, it was his house; when I went there I saw the prisoner.

Q. Did you ever see her before? - A. Never.

Q. The other things you have not seen again? - A. None of them; there were two white sattin petticoats, a blue lutestring fly coat, and faded green striped bed curtains.

WILLIAM JARVIS sworn.

I live at No. 33, Warwick-street, Golden-square: I am a dyer and callender; I have a dark cotton gown, (producing it); the prisoner at the bar, in company with another woman, on the 5th of this month, brought this gown to be cleaned and glazed, and left it in the name of Taylor; they requested it to be done by the Friday evening following; on the same day, Tuesday, about three o'clock, I was going to mark the gown, which is my usual method, by writing the name in the inside of the body; I perceived the name of Hickman wrote in the inside; I then knew the gown by the make, and my hand-writing; I have had it twice in my possession before, from Mrs. Hickman, the owner; I had a suspicion the goods did not belong to the person that brought them; I went to Mrs. Hickman in consequence of her information; I went to Mr. Nichols, Mr. Nichols told me he had lost such an article; I took it with me at that time, but did not shew it to him; he mentioned that such a gown belonged to a person in the neighbourhood; I shewed him the gown afterwards, he knew it particularly, he said, by a name he had put in the inside of it.

Q. Had the person that left the gown called before you saw the name? - A. She called on Saturday; I had seen Mr. Nichols before; on Saturday morning she came for it herself; the woman that came with her came on Friday evening; I did not think it prudent to trust it with that woman; it has been in my possession ever since; I asked her how long she had had it, she said, four months; upon which I said, it appears to me, that the gown is stole, for I know the owner, therefore I must stop it; she said, she had the gown of a man, and could not tell where he was to be found; she said, she had the duplicate of a man in Drury-lane, but she did not know where he lived, or where he was to be found; upon which I detained her in the parlour, this was between eight and nine in the morning, and I detained her till I thought the Magistrate sat in Bow-street; in the mean time, I sent to Mr. and Mrs. Nichols, the owners of the gown; Mrs. Hickman knew it immediately, I gave it her before the Magistrate.

Prisoner. Q. Are you sure I said I had had the gown four months? - A. Yes.

Mr. Nickols. This is the gown that was left with me on the 15th of December; my little girl brought it from Mrs. Hickman, she went to school to her; I put Mrs. Hickman's name upon it, and the first letter of my own name.

Q. You had never had that gown before to do any thing to? - A. Never before.

- HICKMAN sworn.

I sent my gown to Mr. Nichols, on the 15th of December, in the evening, by his little girl, when she went from school, at five o'clock.

Q. Had that gown, upon any former occasion, been sent to Mr. Jarvis's? - A. Yes; he had it twice to clean and glaze.

Prisoner's defence. On Saturday the 19th of last month, I was going down Drury-lane, I met a young man that I knew about two years ago; he worked at that time, he said, at the stone-mason's, in Drury-lane; he said he had been very ill, and he and his wife, were very much distressed; he asked me if I would give him a little beer; I told him I had no objection to give him a little beer, if I thought he was distressed; I went into a public-house with him, the corner of Great Queen-street, by the pastry-cook's, and gave him a pint of beer, and he told me his wife had been very ill for several months, and he had pledged his wife's gown, and he would sell me the ticket of it for 2s; I said, if I thought the gown would fit me, I would go and see at Mr. Lane's, the pawnbroker's; I went to Mr. Lane's; I gave the ticket, and called the gown down; I I took it out of pawn; I went back again to the young man that I bought the ticket of, and told him I did not think the gown was worth so much; I told him I would give him one shilling for the ticket; I thought that was as much as it was worth, and if he thought it was not enough, I would take it back and pawn it for what it was pawned for before, and I gave him the ticket again; he said the shilling would do for the ticket, and I took the gown home; in two or three days afterwards, I took it to a pawnbroker's in Fox-court, and pawned it for 3s.; a few days after, I took it from the pawnbroker's again, and carried it to Mr. Jarvis's, the callender, yesterday was a week; I told the woman I should send for it on Saturday; on the Saturday morning I went to Mr. Jarvis's after it, and he asked me if it belonged to me; I told him, yes; I had bought the ticket of it, and fetched it out of pawn; then he said he must stop me upon a piece of business; I told him I had no objection, and he desired me to walk into the parlour till he was ready to go to Bow-street, and that gentleman and lady went with me; and when I went to Bow-street they searched me, and searched my lodgings, and they could not find any thing; I am as innocent of it as can be; I told the prosecutor that if I was to be hanged without Judge or Jury, I could not tell where the person lived I bought the ticket of.

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

GUILTY . (Aged 28.)

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

[