Old Bailey Proceedings, 11th May 1796.
Reference Number: 17960511
Reference Number: f17960511-1

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 Delivary FOR THE COUNTY OF MIDDLESEX, HELD AT JUSTICE-HALL, IN THE OLD BAILEY, On WEDNESDAY the 11th of MAY, 1796, and the following Days, BEING THE FIFTH SESSION IN THE MAYORALTY OF The Right Honourable WILLIAM CURTIS, Esq. LORD MAYOR OF THE CITY OF LONDON.

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

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

1796.

THE, WHOLE PROCEEDINGS ON 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 JAMES EYRE , Knight, Chief Justice of His Majesty's Court of Common Pleas, Sir NASH GROSE, Knight, one of the Justice of His Majesty's Court of King's Bench; Sir JOHN WILLIAM ROSE, Knight, Sergeant at Law, Recorder of the said City; JOHN SILVESTER , Esq. Common-Sergeant 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.

TRIALS FOR HIGH TREASON.

Reference Number: t17960511-1

316. ROBERT THOMAS CROSSFIELD was indicted for High Treason, in compassing and imagining the death of the King , September 8, 1794 .

The Pannel of the JURY called over.

Hilton Wray, Birchin-lane, Esq. - challenged.

John Anderson , Philpot-lane, merchant - not a freeholder.

John Vincent Gondosh , Throgmorton-street, merchant - challenged.

Tho. Dunnage , Philpot-lane, merchant - excused on account of age.

Peter Pope, Esq. Fenchurch-str. Esq. - excused on account of age.

Robert Emerson , Crown-court, Fleet-street, Esq. - fined.

Abraham Favene , Throgmorton-street, merchant - ill.

John Naylor , Bread-street, merchant - challenged.

Joseph Norvill , Cornhill, merchant - not a freeholder.

David Jones , Friday-street, merchant - challenged on the part of the Crown.

Thomas Latham, Tower-hill, merchant - described Tower-bill, instead of Tower-street.

John Mair , Friday-street, merchant - not a freeholder.

William Mellish , Bishopsgate-street, merchant - fined.

John Thompson , Broad-street, merchant - not summoned.

Sir Walter Rawlinson , Threadneedle-street, banker - ill.

John Henry Scheider , Bow-lane, merchant - challenged.

Claud Scott , Fenchurch-street, corn-factor - challenged.

Rowland Stevenson , Lombard-street, banker - excused an account of deafness.

Joseph Berwick , Cornhill - fined.

James Atkinson , Mincing-lane, merchant - challenged.

Richard Heatly , Mincing-lane, merchant - not a freeholder.

Duncan Hunter , Bow-church-yard, merchant - challenged on the part of the Crown.

Charles Wall, Old Broad-street, merchant - fined.

Robert Ladbroke , Leadenhall-street, banker - fined.

William Axe, Cornhill, stock-broker - not a stockbroker.

W. Armand, Little Love-lane, merchant - his name is Annand.

John Greenside , Mark-lane, cornfactor - sworn.

Mark Wayland , St. George's-lane, Billingsgate, merchant - excused on account of age.

William Ward , Coal-Exchange, coal-factor - challenged on the part of the Crown.

John Cholmley , Austin-friars, merchant - not a freeholder.

John Prestwidge , Mincing-lane, hop-merchant - not a freeholder.

Thomas Fothergill , Catherine-court, Seething-lane, cornfactor - challenged.

Henry Fourdrinier , Lombard-street, stationer - challenged.

Charles Fourdrinier , son to the last gentleman - abroad.

Francis Barstow Nixon, Brabant-court, Philpot-lane, merchant - sworn.

Nathaniel Brassey , Lombard-street, banker - ill.

John Lister , Clement's-lane, wine merchant - fined.

William Morley , sen. Broad-street Buildings, cornfactor - not a householder.

Lewis Tossier , Old Broad-street, merchant - challenged.

James Trimby , Queen-street, merchant - fined.

John Read , coal-Exchange, coal-factor, not a householder.

Robert Reeve , Mark-lane, corn-factor - challenged on the part of the Crown.

Paul Agutter , Aldermanbury, Esq. - excused on account of age.

James Brander , Angel-court, Throgmorton-street, merchant - not a freeholder.

Samuel Brandram , Size-lane, merchant - challenged.

Charles Hamerton , Bread-street, Esq. - profession that of a pavior not described.

William Hallier , Bread-street, merchant - challenged.

Joseph Chaplin Hankey , Fenchurch-street, banker - fined.

John Willis , St. Paul's Church-yard, gentleman - ill.

William Walker , Gravel-lane, Houndsditch, sugar-banker - sworn.

Francis Cooper , Brabant-court, Philpot-lane, wine-merchant - fined.

David Pugh , Rood-lane, grocer - not a freeholder.

Edward Simeon , White-hart-court, Bishopsgate-street, merchant - challenged.

Henry Stokes , Friday-street, merchant - not a householder.

Percival North , Bridge-street, grocer - challenged on the part of the Crown.

Rich. Lawrence, Goodman's-fields, sugar-baker - not a freeholder.

Henry Mitton , Lombard-street, banker - not a householder.

John Thistlewood , Muscovy-court, Tower-hill, corn-factor - fined.

Henry Turner , Cornhill, merchant - challenged.

E. Brocksopp, Savage-gardens, Tower-hill, corn-factor - challenged.

William Breeze , Cooper's-row, corn-factor - fined.

Alexander Black , Bread-street, merchant - sworn.

John Rodgers , Old Broad-street, merchant - not summoned.

William Robinson , Old Broad-street, merchant - challenged.

William Shone , Mincing-lane, wine-merchant - sworn.

Daniel Shirley , Tower-street, wine-merchant - not a freeholder.

John Garratt, St. Thomas Apostle, tea-broker - challenged.

Thomas Higgins , London-wall, grocer - not a freeholder.

John Hamet, Lombard-street, banker - challenged.

William M'Andrew, Lower Thames-street, orange merchant - in the list delivered to the prisoner, Lower Thomas-street.

James Bell, Little Distaff-lane, sugar-baker - ill.

Miles Stringer , Monument-yard, spice merchant - ill.

John Sherer , Mark-lane, merchant - challenged.

Joseph Stonard, Tower-hill, corn-factor - challenged on the part of the Crown.

Samuel Isbetson , Ludgate-hill, mercer - challenged.

Henry Isherwood , Ludgate-hill, paper-maker - not a freeholder.

Windham Knatchbull, Gracechurch-street, linen-draper - not a householder.

William Ayscough , Fore-street, undertaker - challenged on the part of the Crown.

John Addison , Gracechurch-street, linen-draper - challenged.

Thomas Wright , Grub-street, soap-boiler - his name James.

Arthnr Windus, Bishopsgate-street, coach-maker - sworn.

Richard Clark , Grub-street, coachmaker - his name is Robert.

William Purdy , Mark-lane, broker - challenged.

Edward Penny, Cheapside, glover - not a householder.

Michael Eaton , Gracechurch-street, hosier - challenged on the part of the Crown.

Timothy Fisher , Holborn-bridge, linen-draper - not a householder.

Edward Newberry, Old Broad-street, bricklayer challenged.

William Norris , Pilgrim-street, Blackfriars, mason - sworn.

Thomas Loveland , Aldersgate-street, baker - challenged.

William Lynes , Milk-street, warehouseman - ill.

William Gosling, Great St. Helen's, carpenter - sworn.

Benjamin Heath, Whitecross-street, shoemaker - out of town before the summons.

Benj. Hansom, Botolph-lane, orange merchant - not a freeholder.

Daniel Hawkins, Bishopsgate-street, oilman - fined.

James Tyers, East-Cheap, sugar-broker - not a freeholder.

Edward Vincent , Satisbury-square, Esq. - fined.

Henry Goldsinch, Lombard-street, hatter - challenged.

William Axford, Ludgate-street, grocer - dead.

Henry Thomas Avery, Bride-lane, currier - ill.

Nicholas Browning , Little Moorfields, baker - challenged.

John Blades , Ludgate-hill, glass-man - not a freeholder.

John Rowbuck, St. Mary-hill, grocer - described a broker in the list delivered to the prisoner.

Edward Jackson , Gracechurch-street man's mercer - 70 years of age, and not a freeholder.

Joseph Warner, Rood-lane, grocer - challenged.

Thomas Whipham , Fleet-street, silversmith - ill.

William Curtis , Ludgate-hill, oilman - not summoned.

John Crutchfield , Holborn-bridge, oilman - challenged.

William Crutchfield , Holborn-bridge - challenged.

Daniel Pindar , Blackfriars, mason - sworn.

Henry Neuleship, of St. Bartholomew's-hospital, gentleman - not a freeholder.

James Lyon , High Timber-street, lighterman - challenged.

William Leach, Ludgate-hill, vintner - his name John.

John Turner , Fleet-street, linen-draper - challenged.

Robert Harris , Aldersgate-street, tobacconist - not summoned.

William Humphreys, sen. Bread-street-hill, grocer - challenged.

Anthony Brown, Thames-street, fish-broker - 74 years of age.

Walter Brind , Foster-lane, silversmith - 74 years of age.

Christopher Smith , Queen-street, Cheapside, wine merchant - challenged on the part of the Crown.

George Seddon, the elder, Aldersgate-street, cabinet-maker - fined.

Thomas Cable Davis, Fish-street-hill, hatter - on a journey before the summons.

Richard Fisher , Fleet-street, haberdasher - not a freeholder.

Thomas Ovey, Fleet-street, hatter - challenged on the part of the Crown.

John Mackenzie, Bishopsgate-street, oilman - challenged.

Thomas Justeries, Washing-street, linen-draper - a Quaker.

William Parker, Fleet-street, glass-man - ill.

Thomas About Green, Ludgate-hill, silversmith - not a freeholder.

Walter West, Old-Bedlam, ironmonger - challenged.

Benjamin White , Fleet-street, bookseller - sworn.

Stephen Adams , St. Ann's-lane, Foster-lane, silversmith - ill.

Andrew Abnot , Fleet-street, Potter - not a freeholder.

John Reid, Fan-street, Aldersgate-street, distiller - sworn.

Philip Rundie, Ludgate-hill, goldsmith - challenged on the part of the Crown.

William Collier, Bishopsgate-street, gentleman - challenged.

John Coe, White-hart-court, Bishopsgate-street, taylor - sworn.

William Ellis , Fenchurch-street, upholsterer.

Francis Newbery, St. Paul's Church-yard, Esq. - not a freeholder.

William Lambert , Ludgate-hill, oilman - not a freeholder.

Richard Townsend , Ludgate-hill, feather merchant.

Quintin Kay , Ludgate-hill, upholsterer - fined.

Bolton Hudson, Bridewell-hospital, gentleman - not a freeholder.

Jonathan Hayter, King-street, linen-draper.

William Bedford , Friday-street, linen-draper.

John Butts , Fleet-street, ironmonger - lives in Chatiam-place.

Herman Shroder , College-hill.

John Stracey, distiller - not a freeholder.

William Sutherland , Fish-street-hill, grocer - not a freeholder.

Richard Draper , Bishopsgate-street, grocer.

John Miles, Bishopsgate-street, warehouseman - fined.

Harvey Walklate Mortimer, Fleet-street, gun-maker -subpanaed as a witness.

Daniel Allenby, Fleet-street, linen-draper - not a freeholder.

William Gould , Gracechurch-street, gilder.

James Woodbridge , Tower-dock, cooper - not a freeholder.

John Welford, Tower-dock, fail-maker - not a freeholder.

Richard Woodyer, Bishopsgate-street, carpenter.

Coles Child, Thames-street, toyman - ill.

Henry Coxwell, Fleet-street, druggist.

John Jacobs , Coleman-street, carpenter - dead.

Granger Ive, Fleet-street, ironmonger - not a freeholder.

Thomas Jones , Fleet-street, pawnbroker - not a freeholder.

Joseph Pring, Coleman-street, innholder.

Thomas Parker , Fleet-street, pawnbroker - not a freeholder.

Enos John Pinegar , Ludgate-hill, woollen-draper.

John Parkinson , Racquet-court, Fleet-str. dentist - not a freeholder.

William Rowe, Little St. Thomas Apostle, skin-broker.

Benjamin Noton , Fleet-street, grocer - not a freeholder.

Edward Nairne , Cornhill, optician.

William kyne, Walbrook, gentleman - not a freeholder.

John Thorne , Fleet-street, wine merchant - not a freeholder.

Thomas Burnell , Wine-office-court, Fleet-street, mason - not a freeholder.

Thomas Beresford , Ludgate-hill, woollen-draper - not a freeholder.

John Hounsam , Fleet-street, linen-draper - not a freeholder.

Christopher James Hayes , Fenchurch-street, painter.

Thomas Darke, Ludgate-hill, haberdasher - not a freeholder.

William Knight , Foster-lane, ironmonger.

George Penton , New-street, Fetter-lane, founder - not a freeholder.

William Portall , Salisbury-square, wire-dealer - not a freeholder.

William Plumley , Ludgate-hill, watch-maker - not a freeholder.

William Moore, Ludgate-hill, jeweller - not a freeholder.

William Moore , Fleet-street, chymist - not a freeholder.

John Mountford , shoe-lane, carpenter - not a freebolder.

Henry Scambler, Bishopsgate-street, stable-keeper.

Jonathan Sills , Upper Thames-street, wharfinger - ill.

Peter Schooley , Nicholas-lane, ham merchant.

Joseph Cupelo , Aldgate High-street, inn-holder. - fined.

William Thornberry Brown, Cheapside, goldsmith.

Joseph Boome, Aldgate High-street, oilman - ill.

Benjamin Wood , Bishopsgate-street, cheesemonger.

William White , Garlick-hill, tallow-chandler.

John Jeffries , Ludgate-hill, printseller - not a freeholder.

John Troughton , Fleet-street, optician - not a freeholder.

Charles Lincoln, Leadenhall-street, optician.

John Risden, St. Mary-hill, stop-seller - not a freeholder.

Joseph Rose , St. Ann's-lane, Foster-lane, watch-maker - ill.

William Rich , Ludgate-hill, pastry-cook.

Abraham Newman, Fenchurch-street, grocer - ill.

Launcelot Sharp , Fenchurch-street, grocer - a freeholder of only eight: pounds a year.

Henry Sheppard , of East-Cheap, orange merchant - not an orange merchant, but Water-Bailiff of the City of London.

W. Francis, Gracechurch-street, linen-draper - not a householder.

Abraham Keylock , Ludgate-hill, ironmonger - not a freeholder.

Onesimus Ustonson, Fleet-street, fishing-tackle maker.

JURY sworn.

John Greenside ,

Francis Barstow Nixon ,

William Walker ,

Alexander Black ,

William Shone ,

Arthur Windus ,

William Norris ,

William Gosling ,

Daniel Pinder ,

Benjamin White ,

John Reid ,

John Coe .

The indictment was opened by Mr. Abbot.

Mr. Attorney General. May it please your Lordship. Gentlemen of the Jury. - In the discharge of the very painful duty which belongs to the situation which I hold, I am called upon this day to address you, with reference to a case of a most serious nature: - whether it is considered with regard to the public, or with regard to the prisoner who stands at your bar. Gentlemen, the indictment, which you have heard read, charges the prisoner with the highest offence known to the law of your country; and it charges the prisoner with the most aggravated species of that offence; it charges him with having compassed and imagined the death of the king; and with having, for the purpose of carrying that imagination into execution, prepared the means of destroying the Sovereign. Gentlemen, I shall have very little occasion, in the course of what I have to offer to your attention, to say much to you upon the law of this particular case; I shall state it to you in the words of a great Judge, a man attached, as he unquestionably was, to the genuine principles of this constitution, whose name has long been revered, and will continue to be revered, while the constitution of the country itself shall endure, I mean the late Mr. Justice Foster. Gentlemen, he states the statute of the 25th of Edward the Third, upon which this indictment is framed, and which you probably, in the course of that attention which you will be obliged to give to this cause, will hear read and commented upon by great modern living authorities. He states the statute in these words - "When a man doth compass or imagine the death of our Lord the King, and thereof be, upon sufficient proof, attainted of open deed, by people of his own condition," he states, "that in the case of

the King, this statute of the 25th of Edward the Third, has, with great proprity, retained the rule, voluntas pro facto, that the will is to be taken for the deed." -With respect to homicide, in the case of individuals, the law of this country once was, that even as to them, the will should be taken for the deed; that law has been altered in the case of private individuals, but remains unchanged with respect to the Sovereign of the country; and the reason why the law has been continued as it anciently was, is stated in the book which I have been reading to you, as follows: - "The principle upon which this is founded, is too obvious to need much enlargment: the King is considered as the head of the body politic, and the members of that body are considered as united and kept together by a political union with him, and with each other; his life cannot, in the ordinary course of things, be taken away by treasonable practices, without involving a whole nation in blood and confussion; consequently, every stroke levelled at his person, is, in the ordinary course of things, levelled at the public tranquillity. The law, therefore, tendereth the safety of the King with an anxious concern; and, if I may use the expression, with a concern bordering upon jealousy: it considereth the wicked imaginations of the heart, in the same degree of guilt as if carried into actual execution from the moment;" (and I would beg your attention, Gentlemen, to this passage, from the moment,) "that measures appear to have been taken to render them effectual." Gentlemen, God alone can read the heart of man; and the legislature has therefore insisted upon this in every trial between the King and a prisoner indicted, that he shall be attainted of open deed by people of his condition; that is to say, that some measures shall be taken to essectuate that evil imaginstion of the heart, some fact shall be done, or attempted to be done, in order to prove to man's judgment, that that conception, and that imagination, did enter into man's heart. This measure, the proof of which is made necessary by the law, is ordinarily known by the name of an overt act; and every indictment for treason, as you will hear, must charge, that the party compassed and imagined the death of the King; and then it must state, upon the face of it, those circumstances and facts which are the measures by which the prosecutor insists that the party has disclosed that traiterous compassing and imagination of his heart.

Gentlemen, the present indictment specifies several such overt acts; conspiracy with others is of the essence of them; with respect to many of them, they are so framed, that if this prisoner is alone guilty, the circumstance that he is the sole person to whom, upon that supposition, guilt could be imputed, will be no objection to his being found guilty, if the justice of the case, upon a due attention to the circumstances of the case before a Jury of his country, requires that he should be convicted; I say, the circumstance that he is, in that way of putting the case, the only person guilty, will form no objection to his conviction.

Gentlemen, I will state no more upon the law of the case, but to add a single word to what I have already mentioned, and that is this observation, to which I would beg the attention of the Court, as well as your attention, that if a Jury should he satisfied that the measures which were taken, by a person indicted, were measures, in his intention, calculated to the end of destroying the King, in his idea, effectual for the purpose intended, it cannot be a question which ought to entangle your consciences at all, whether those measures could have effectually exccuted the purpose, with reference to which they were taken. Gentlemen, I have stated to you, that they offence with which the prisoner is charged, is the highest known to the law of England; I have stated to you that it makes the party, in the case of the King, answerable for the intention itself, by an overt act, to the same extent as that in which he would be responsible for the actual execution of that act in the case of a private person-Gentlemen, when I have so stated the law of the country to you, I am also to represent to you, on the other hand, that the legislature of the country has provided more securities for the person accused, than it has provided for any party who is the object of accusation in any other case known to the law of England.

It has provided, in ancient times, many of those securities; and the provision was made in times to which the wisdom of the legislature did not think proper to apply those provisions which they were ordaining for the defence of posterity, or such of them as should be accused of such offences. In the case of murder, one of the highest offences known to the law of England, the party may be convicted upon the evidence of a single witness; he meets in the Court, where he is tried, a Jury whose names, at that moment, he for the first knows; he fees in the Court where he is tried, for the first time, the witnesses upon whose testimony the deliverance is to be made between him and the country; to that hour he may be, and he generally is, ignorant even of the names of those witnesses. Our ancestors have provided otherwise in the case of treason: they have required, and it is my duty so to state it to you, that the proof shall not be only such as shall satisfy the minds of a Jury of the guilt of a prisoner, but that it must be formal proof, and such as the law requires; that is, if an individual, to whom every one of you should be disposed to give the utmost credit, upon whose veracity you would pledge your own lives, if an individual witness should speak to a single fact, though you may believe that witness; you cannot convict the prisoner; there must be, in cases of treason, two witnesses to convict the prisoner: one witness to prove one overt act laid in the indictment, and another witness to prove another overt act; that is, there need not be two witnesses to each overt act, but one witness to one overt act, and another witness to another overt act, are required and allowed by the law to be sufficient to convict in the case of treason.

Gentlemen, the individual meets the accusation in the face of his country, also under circumstances which form a great protection to him, which I will state to you presently, in the words of the same great Judge, whose authority I before cited to you; and I will state distinctly why I beg your attention to his words upon this part of the case. Gentlemen, the law has required, that, in the case of treason, the prisoner shall have his indictment a given number of days before he is called upon to plead to it: it likewise requires that, at the same time, that a copy of the indictment is given, a list of his jurors should be given him, a list of the witnesses who are to

he produced in order to establish the charge, shall be put into his hands; the prosecutor, therefore, meets a person accused of this offence, in this situation, a situation new in the law of England till a very late period: I think the trial of my Lord George Gordon, being the first, which, in the history of the country, admitted the application of the statute of Queen Ann, with reference to the point upon which I am now addressing you; for the legislature did not think sit to allow those provisions in the situation in which the country then was, but confined it to a period which did not arrive till about twenty years ago. Mr. Justice Foster, writing upon this subject, before those provisions took place, speaks thus, "The furnishing the prisoner with the names and places of abode of the jurors, and of the witnesses who are to be produced, may serve many bad purposes too obvious to be mentioned; one good purpose, and but one, it may serve, it gives the prisoner an opportunity of informing himself of the character of the witnesses and the jury;" but this single advantage will weigh very little in the scale of justice, or found policy, against the many bad ends which may be answered by it; if it weighed any thing in the scale of justice, the Crown is entitled to the same opportunity of sifting the character of the prisoner's witnesses.

Gentlemen, with respect to this matter of the witnesses, we meet to-day to try a cause, in which the prisoner has been in possession of the names of all that can be produced, in order to support the indictment, while, at this moment, the names of those who are to support the defence, although given in to an officer of the Court, are, very properly, with a view to do justice to the intention of the legislature, withheld, even to this moment, from those who are to prosecute, Gentlemen, I mention this circumstance for the purpose only of desiring your attention to an observation which I am now about to state to you, and it is this, that in a case of the extraordinary nature of the circumstances of which I have to tell you, on the one hand, it may possibly occur, that I may be obliged to call witnesses, who may be unwilling enough, some of them, to state the truth to you upon this subject; and that on the other hand you will give, I am persuaded you will, that attention which the policy and spirit of such a law as this must require from a Jury of the country, I mean a jealous and anxious attention to the testimony, and the nature of the testimony, which every witness, on every side, in this important business, shall lay before your consciences, remembering that the country and an individual meet together under those disadvantages which I have been stating.

Gentlemen, some of the overt acts in this indictment, charge the prisoner with conspiring with the other parties named in it - Paul Thomas Le Maitre , John Smith , and George Higgins, to procure and provide a certain instrument for the purpose of discharging an arrow, and likewise an arrow to be charged and loaded with poison, with intent to discharge, and cause to be discharged, the same arrow, by means of the instrument, against the King's person, and thereby to kill him. The next overt act stated, is, that the prisoners employed a person of the name of Hill, to make and fashion two pieces of wood, as models for the making and forming certain parts of the instrument from which the arrow was intended to be discharged, and delivered to him a certain paper with certain drawings thereon, designed as instructions for making such models. There is also consultations charged, and the delivery to Upton of a paper, the delivery to him of a model, part of the instrument, and then the indictment charges over again the same overt acts, leaving out the fact of the consultation about, and the fact of intending to kill the King by means of this arrow, charging them with a conspiracy to procure and provide such an instrument for such a purpose, without making the arrow a part of the contents to be discharged.

Gentlemen, before I state to you, which I shall be able to do without employing a great deal of your time and attention in opening this case, the circumstances of it, you will give me leave to state very shortly what has passed relative to this matter, before I had the honour of addressing you impannelled in that seat. Gentlemen, there was a person of the name of Upton, whose name occurs upon this indictment, and whose name you will hear very frequently in the course of this trial, who was a mechanic, and lived in Bell-yard, near Temple-bar, who gave an information to the highest description of Magistrates of this country, I mean his Majesty's Privy Council, a considerable time ago, in which he distinctly charged himself, the prisoner at the bar, and the other persons, whose names occur upon this record, with the offence relative to which you are this day to determine. Gentlemen, I have before stated to you, that the law of England requires two witnesses in the case of hightreason, they must be two credible persons, and one should have to lament certainly, that one of them was an accomplice in the fact; it became necessary to scrutinize this matter, this mysterious matter, as in some parts of it, it may appear to be, very diligently and accurately. The prisoner at the bar, charged with this offence, thought proper, as I am instructed, I shall prove to you, to fly from the accusation, and not to meet the justice of his country; the other persons, whose names occur in this indictment were apprehended, that species of diligent examination was given to the subject, which it was the duty of those great Magistrates to give in a case which aimed directly at the life of the Sovereign; in the course of this business, those persons were discharged upon bail, and after the discharge of those persons upon bail, Mr. Crossfield, the prisoner, came from France to this country, under circumstances, which it will be my duty to state to you, and accompanied with a body of evidence upon this subject, to which it will be necessary, when I do state it, that you should give particular attention, and which made it incumbent upon those who have matters of this sort to direct, to propose to a Grand Jury of the country the whole of the case, with a view that they should determine, in the first instance, whether this charge ought to be submitted to that Jury of the country, which is this day to decide.

Gentlemen, this business, if looked at with reference to all the circumstances which affect all the parties in it, it is extremely complicated; it was carried in the form of an indictment before a Grand Jury of the country, upon principle; whether that principle was founded in the law of the country or not, it is not material for me at this moment to consider; but from principle they refused

to permit the evidence in this business to be laid before them in the order which had a dency to make that evidence intelligency they e whole matter into their own hands, and examining all parties upon the subject, and particularly examining that person of the name of Upton, whom I have before described to you as an accomplice, they found the bill against all the prisoners. Gentlemen, unwilling as any person would have been, undoubtedly to have tried this cause upon the credit of Upton alone, or of Upton confirmed by any other individual, or confirmed even by strong circumstances, it would unquestionably have been my duty if it had been in my power to have called that person to give evidence to you, to have stated as far as became me, under the correction of the wisdom that presides here, that his evidence ought to have been received with great jealousy and with great attention; that you ought to protect against such a witness, a prisoner put upon his deliverance before you, till your unwillingness to receive his testimony had been subdued by a conscientious conviction arising out of all the circumstances of the case, not only that he was as guilty as he admitted himself to be, but that other persons represented by him to be equally guilty with himself, actually were so. Gentlemen, it has, however, happened, whether fortunately for justice or not, I will not take upon myself to determine, because, in my situation, and as a man, I do feel, that if on the part of the public, I have to regret that this man's testimony cannot be offered to you, on the other hand, I ought to feel, that if this man's testimony could have been repelled by any circumstances, by any examination on the part of the persons accused, who, until they are found guilty are entitled to a presumption in favour of their innocence, except so far as the finding of the Grand Jury has implicated them in suspicion; I say, if any examination by the prisoners, or by any others respecting the truth of the evidence of such an accomplice could send to establish the innocence of the prisoners, it would undoubtedly be a public duty to produced such a person, with a view, not only on the one hand, that guilt might be detected, if guilt does exist, but on the other hand, that innocence may be vindicated. Since the bill, however, was found, Gentlemen, it has happened, that by the act of God, that man has ceased to exist; he is dead, and I shall have occasion probably, in the course of what I have to offer to your attention to prove that circumstance; it is very remarkable, that as I should unquestionably have asked you if I had had that person to have produced as a witness at the bar this day, not to convict the prisoner upon his evidence, unless you had been satisfied by his evidence as confirmed by other testimony in the cause of the prisoner's guilt; I say, it happens very remarkably, that I have a case to lay before you, in which I may say in the outset, as I should have been disposed, if he had been here, to have said in the conclusion, you may lay this testimony out of the case from the beginning to the end of it.

Gentlemen, I shall proceed now to state to you the circumstances of this case as it respects the prisoner at the bar, Mr. Crossfield. Gentlemen, it was in the month of August, I think, 1794, that the charge was first brought forward by Upton; and without stating to you what I am very unwilling to do, (though it is both a delicate and a difficult talk to avoid it, as I wish to avoid it), any representation that he made upon the subject; I will proceed now rather to state to you the effect of that representation, by stating the facts, which, I am instructed to say, the witnesses I shall call will prove against the prisoner at the bar, than by representing to you that Upton made any representation whatever, with respect to any of those facts. Gentlemen, there are two circumstances of fact which will deserve your particular attention; the first is, whether the prisoner at the bar really was engaged in a concern to fabricate such an instrument as is mentioned upon this record? and the next question for you to try will be, whether, if that be demonstrably clear, it is, or is not, equally clear that that instrument he was so engaged in fabricating, he was engaged in fabricating with the intens, and for the purpose charged in this indictment, that is, to compass, what he had imagined, the death of the King? With respect to the former of these facts you will find, by a witness whom I shall call to you of the name of Dowding, that in September 1794, upon the 8th of that month, and I should here apprize you, that some of those witnesses, whose evidence I am about to state, do not know some of the individuals who applied to them; but it will be proved to you, by other persons, who those individuals were; that a person of the name of Dowding, journeyman to a Mr. Penton who lives in New-street-square, and who is a brass-founder, he will inform you, that upon the 8th of that month, in the afternoon, three men, whom I now state to you, were, Upton, who is dead, the prisoner Crossfield; and, I shall mention here to you, that Upton was a lame man, it may be material that you should attend to that by and by; the prisoner Crossfield, and a person of the name of Palmer, who will be called to you, came to his master's shop, that they asked him for a tube three feet long, and the eighth of an inch thick; you will find they state the dimensions at the other brass-founders in the same way, five eighths of an inch in the bore, and smooth and correct in the cylinder; they shewed him a tube, informed him it would do, but said, it must be thicker, that it must be smaller in the bore; the expence of it, as they seemed anxious in their enquiries about the expence, he stated to them in general, would be high; but what would be the particular expenditure he would not take upon himself to state; he enquired what they wanted this tube for, and you will find, if I am rightly instructed, that they said, the purpose for which they wanted it was a secret; and that they could not diselose it to him. Gentlemen, they applied, upon the same day, to another person of the name of Bland, the former not being able to supply them with the article they wanted, who is a brass-founder, No. 40, Shoe-lane, Fleet-street; two of them came originally to him; there were but two, and you will have reason to be satisfied that these two were Upton and the prisoner at the bar, they asked for a pattern to make another by; after they had asked for this tube, Palmer came in; this witness not being able to supply them, you will find they made another application upon the same day, to a person of the name of James Cuthbert, who lives in Cock-lane, Snow-hill, and is likewise a brass-founder; and, upon their addressing to him a similar question to that they had addressed to the wit

nesses whose names I before mentioned to you, he referred them to a person of the name of Flint, a man in that shop, who will likewise be called to you, and he will inform you that they asked him also for a tube, the barrel of which was to be five-eighths of an inch in the bore, and the eighth of an inch in the thickness; that they proposed to finish it themselves, if the witness would cast and bore it; that the witness told them he must have a pattern; and then some conversation passed with respect to this pattern; they were very anxious to know, as you will find from his testimony, how long it would be before this barrel could be made, and he told them; and you will hear under what circumstances they parted; after these applications made to these several brass-founders, Upton and Crossfield, the prisoner at the bar, then applied to a man of the name of Hill, who will likewise be called to you, Palmer being also in their company; and the evidence that Hill will give you, is this, that Crossfield produced to him a paper, which I have now in my hand, which contains the model of part of an air-gun, that is to say, it contains a drawing, by which drawing Hill, whose business was that of a turner in wood, was to fabricate the wooden part, the model for the instrument. Hill also asked them what the purpose of this instrument was? and they did not inform him, that it was a secret, but told him it was for an electrical machine. Gentlemen, this paper will deserve your very particular attention, because I have reason to believe that you will find, not only that this paper was delivered by Crossfield to Hill, but that that part of the writing upon the paper, which states the dimensions of the instrument, is in the hand-writing of Crossfield.

Gentlemen, Hill, in consequence of this, following the drawing, turned some of the wooden parts of the model, a part of which I have now in my hand, and which it will be proved he carried, according to his orders, to Upton, in whose possession it will be proved this part of the model was found, as well as the tube, it will be material to give your attention to these circumstances by and by. Gentlemen, besides this, it will likewise be proved to you, that there was in the possession of Upton another drawing, containing models of this instrument, which we have charged in the first part of the indictment, was to eject an arrow, for the purpose of destroying the King; and when I state to you by and by the conversations of the prisoner with respect to the tube, and the arrow, and the nature of the instrument, you will see the materiality of the circumstances to which I am at present calling your attention; that other paper I have in my hand, and it contains different parts of this intended instrument; there is one part of it to which you may think, perhaps, your particular attention was due because, if I prove the circumstances that I have already stated, it will be incumbent, I apprehend, more particularly after the evidence which I have to offer to you, with respect to the intent, that on the part of the prisoner, they should give you some evidence for what purpose such an instrument as this could possibly be constructed; there is a drawing of the arrow, which has a forceps at the end of it in this form, like a barbel hook, but it has this peculiar circumstance about it, that it is so formed, that when it presses against any hard substance the two forks compress together and enter into the substance, and there is a hole at the end of it, which would emit some substance that it is calculated to hold. Gentlemen of the Jury, it will also be proved to you by another witness whom I shall call, of the name of Cuthbert, that Upton and the prisoner at the bar, went to him some time in the month of August, that same month of August 1794, for the purpose of looking at an air-gun that Cuthbert had, who appears to have been an acquaintance of Upton's; you will hear from the witness himself what was the conduct of the prisoner at the bar, with respect to that air-gun in the possession of Cuthbert; he examined it, he handled it, he stated that it would do very well for the purpose; and after a conversation of this fort, they left Cuthbert. Gentlemen, that may probably be proved, if necessary, with respect to the case of this prisoner, that some of the instruments were found in the hands of other persons; upon this record also, capable of proof, that papers, material to establish facts alledged against some of those parties, may be thought, according to the course which this cause may take, necessary to be produced in evidence upon this trial. But without detaining you, with respect to the particulars of the evidence which apply to other persons, I think, if I prove the facts already stated as against Crossfield; and if you should find distinct evidence of the intention with which he was engaged in drawing these models, and providing for the fabrication of this instrument, that there can be very little doubt indeed with respect to his case.

Gentlemen, I before told you, that Crossfield absconded; I believe I shall be able to prove, to your satisfaction, by a witness whom I shall have to call to you, of the name of Palmer, whose name I have before mentioned, some of the circumstances which I am now about to open to your attention, as well as a great many of the circumstances which I have already stated. Mr. Crossfield had usually lived in London; the first place he hid himself after this charge was made, was at Bristol; he returned afterwards from Bristol to London; from London he went to Portsmouth, where he engaged himself on board a ship, called the Pomona, which was engaged in the South-sea whale-fisnery: I probably need not mention to you, Gentlemen, that the voyage, which a ship engaged in that commerce takes, is of very considerable duration; I believe, sixteen or eighteen months; being a surgeon, he hired himself at Portsmouth on board that vessel, by the name of the Doctor; it will be proved to you by witnesses who come forward in this business, under circumstances that entitle them to great credit, at least, so I submit to your consideration, that this vessel failed from Portsmouth to Falmouth, and during the voyage from Portsmouth to Falmouth; you will find, if I am rightly instructed, with respect to the representation that the mariners on board this vessel gave Crossfield, he conducted himself with the greatest decency and propriety; his name, however, was unknown, they failed from Falmouth, and after they got out to sea, in their progress upon this vogage, Mr. Crossfield informed the witnesses, who will he called to you, who he was; you will hear the account that he gave of himself; the account that he gave of the part that he had in this transaction, and the circumstance of his stating, that if it were known he was leaving this country in that vessel, that the govern

ment would probably send a frigate after him; that he states in the most distinct manner, even before the capture of that ship, to some of the witnesses that will be called to you, circumstances of his own connection and transaction in the business which I have been opening to you, with express reference to these models, to the tube, to the arrow, and to the other particulars that I have opened.

Gentlemen, in the course of the voyage, this vessel was taken by a French Privateer, the La Vengeance, and she was carried into Brest. You will hear from the witnesses, the conversation that passed between them and Crossfield when this capture took place, the satisfaction which he expressed, that he had got even out of that situation of danger, which he conceived himself to be in whilst he was part of the crew of any English ship; the satisfaction that he had in having been captured by a French frigate, and taken into that country where he would be safe; you will hear the whole of his demeanour while he remained on board that French ship which captured him, whilst she was in the harbour of Brest; he was first removed in consequence of conduct, the details of which will be given to you by the witnesses as connected with this business, on board a corvette; from that corvette into another vessel, cailed the Elizabeth, which was an English ship that had been captured by the French, and out of her into another vessel; and a number of persons of respectable situations among the prisoners detained in those vessels, will be called to state to you evidence, which, without detailing it to you particularly, I think, can leave (if it is entitled to credit), no doubt upon your minds, that if Crossfield was concerned in the fabrication of this instrument, and this drawing of those models, that the intent with which he was concerned in that fabrication, and that drawing, was most distinctly the purpose and intent charged in this indictment, that of killing the King.

Gentlemen, you will not be surprised, if you hear from the witnesses, that Crossfield, being carried into Brest under such circumstances as I have stated, was rather in the situation of a superintendant over the English prisoners on behalf of the French, than as the companion of those unfortunate persons taken by the French, and captured there. I think you will have reason to believe it was his project, either to remain there, or go into Holland; in the mean time, however, cartel ships were to come over to this country; with what intention he came over to this country is not for me to examine or insinuate, you will collect it yourselves from the evidence these witnesses will give you; but you will hear those circumstances, which are remarkable enough, that Mr. Crossfield, who was constantly in company with the commissary of the French prisoners, who appears to have gone on shore a day or two before these cartel ships left Brest to meet two of the members of the convention; that shortly before he left that country, he took the name of Wilson; that in his own hand-wring he was mustered among the prisoners, by the name of Wilson, as having been captured by the "La Vengearce," not out of this vessel called the Pomona, but out of a vessel called the Hope; for what purpose he changed his name, and for what purpose he changed the name of the vessel in which he was captured, it will be for you to determine when you have heard the whole of the evidence; witnesses will also be called, who will state to you the circumstances that took place, when the prisoner was put into this cartel ship.

Gentlemen, you will also hear witnesses who will inform you, that, in the course of the voyage between France and this country, Mr. Crossfield distinctly desired one of them, the only one, I believe, who was in the vessel in which he came over, not to state his name, and not to state these circumstances of conduct and declaration which had taken place whilst these persons were all together detained in the harbour of Brest. I think they landed at a place called Fowey, in Cornwall, which is in the neighbourhood of a place called Menagessy; some of these witnesses, persons in a respectable situation on board these ships, mates, and officers, thought it their duty, under a very different impression with respect to Mr. Crosefield's conduct, than, perhaps, they ought to have had, yet they were under an extremely serious impression upon their minds, to go instantly to a Magistrate, and inform him what had been passing in France relative to the conduct of this person; in consequence of that charge, made by persons who knew nothing of what had been passing in this country, except so far as those circumstances had been related by the prisoner himself; the prisoner was apprehended, and being apprehended, it will be in evidence before you, that as he went, I think, from the Magistrate's to the county jail, that he intimated to the persons conducting him there, that it might be for their interest to permit him to escape; that a sum of five shillings was all that they could expect for the duty they were then upon, that he had the means of giving them much more. These persons will state to you the whole of the conversation which passed; it will end in the suggestion, I think, of one of them, that that plan would not answer the purpose of Mr. Crossfield, because, what was to become of the post-boy? and the answer given to that was, that the post-boy might be disposed of by the use of a pistol which one of these officers had. Mr. Crossfield was brought up before the Privy Council, and in cosequence of all those circumstances that I have stated, it became a matter of duty to submit the whole of the case to a Grand Jury of the country, who found the Bill; the prisoner's deliverance upon which is now before you. Gentlemen, I have studiously forborne to mention several circumstances which relate more particularly, and more especially to other persons whose names are upon this record. If I prove this case, as I am instructed to say, I shall prove it; and if I prove it, as I have opened it to you, I apprehend there can be no doubt of this prisoner's guilt if that is the result of the testimony given; then, gentlemen, though it is a painful duty, it is a duty absolutely incumbent upon me to ask, at your hands, on behalf of the country, a verdict of guilty. On the other hand, if you are not satisfied, that an offence, according to the statue, is proved, according to law, by evidence against the prisoner, you do no more in that case than your duty to your country, in acquitting the prisoner. You have before you, a case of great importance, it is a case which I am sure you will listen to with great attention: I am confident that you will decide it with unimpeachable integrity, whatever your verdict

may be, the country will feel a perfect satisfaction, that they have had the case fairly, fully, and maturely deliberated upon by the twelve men to whom I have had the honour of addressing myself.

Evidence for the Crown.

JOHN DOWDING sworn.

Examined by Mr. Law. I work with Mr. Penton, brass-founder, No. 32, New-street-square.

Q. Were you in his employment on the 8th of September, 1794? - A. I certainly was.

Q. Do you remember on that day any men coming to your house not known to you? - A. Yes; I was called down on the 8th of September; when I came into the counting-house, there were three men standing in the counting-house; one of them was a lame man; he walked on an iron.

Q. Who was that lame man? - A. Upton; one of the others was a tall man.

Q. Do you know who the other men were? - A. No.

Q. If you saw them, should you recollect them? - A. I cannot say I should; he asked me if I could make them a tube; I asked what sort of a tube; they told me three feet long, five-eights the inside, the bore seven-eighths, the outside the eighth of an inch thick.

Q. Did they say how the cylinder in the inside was to be? - A. Quite perfect; the inside to be a smooth cylinder.

Q. Did you show them any part of tube? - A. I did; they asked me how much it would be; I told them I could not tell them; they asked me if I could tell to a few shillings; I said no, as my master was not within; I shewed them a cylinder; they told me that would do, provided it was thicker, and I would make it smaller in the bore.

Q. Did you ask what it was for? - A. Not then, I did afterwards; I said it was an out of the way job that I must make a tool on purpose to make a cylinder of that size; I was very busy myself, and it was not a job worth while undertaking.

Q. Was there any question asked what use it was to be of? - A. Yes, I told them if I knew the use it was for, I could be the better judge how to make it, and be of service to them; they said it was a secret; Upton made the answer, and the others seemed to make answer with him that it was a secret; they all seemed to be in one voice that it was a secret; they produced a piece of tube they bought before, and had some money returned; they delivered the tube to me, and the clerk returned the money, which was 10d.; it was such a piece of tube as this, but this is not the same.

Q. Did they all seem to be concerned in the business? - A. They appeared to be.

Q. You stated, that what one said the rest assented to? - A. Yes.

Q. Did you undertake the job? - A. No; I would not undertake it, and they went away.

Cross-examined by Mr. Adam. Q. This past on the 8th of September, 1794? - A. Yes.

Q. Three persons came together? - A. They were together when I came down into the warehouse; I cannot say whether they came there together.

Q. The only one of these men you can speak to positively, is Upton? - A. Yes.

Q. You never saw any of the others before or since? - A. No; I have seen Upton since; him I can swear to.

Q. When you talked of a tube they had got at your house and returned, were they all together when it was returned? - A. Yes.

Q. When was it they got the tube at your house? - A. I don't know, the books will tell; the clerk returned the money.

Q. You cannot tell any thing about this tube yourself? - A. I can tell that they returned it.

Q. The money was not returned at that time, was it? - A. Yes; the money was returned at that time.

Q. Upton was the person that spoke? - A. Upton was the person that spoke most; the rest joined sometimes.

Q. Can you recollect what Upton said? - A. He asked me if I could make a tube.

Q. And you discoursed about the price? - A. Yes, afterwards.

Q. Did you say it would be a things of great cost? - A. I said it would come expensive.

Q. Can you take upon you to swear positively that these persons were present during the whole of the conversation with Upton? - A. I can.

Q. Were there not women employed in lacquering brass? - A. Yes.

Q. Does that go in the place where you met these men? - A. In a different room.

Q. If any of the persons went into the room where the women were lacquering brass, they would be in another apartment? - A. Yes; they did not go in while I was talking to them, as I recollect.

Q. Among the three, Upton was the person that spoke most? - A. Yes, Upton spoke most.

Q. When you were told that it was a secret, it came from Upton's voice? - A. Upton told me so; but they all answered.

Q. The other persons did not say any thing that you can recollect? - A. No.

Q. Did they say any thing about the secret? - A. They were just going away, when they said it was a secret; I cannot say that I heard any of the other's voice; Upton spoke, and they all seemed to join; as to the other's voice I cannot say.

JOSEPH FLINT sworn.

Examined by Mr. Garrow. I am a brass-founder in Cock-lane, Snow-hill.

Q. Do you remember being applied to in September, 1794, to attend any persons respecting a brass tube? - A. Yes, I do.

Q. Do you recollect what day it was? - A. No.

Q. Do you recollect what day of the week it was? - A. I cannot recollect.

Q. What time of the day was it? - A. I believe after dinner.

Q. Have you been able, by enquiry afterwards, to satisfy your mind what time of the month it was? - A. No; I was called to attend to these persons, by my apprentice, James Cuthbert .

Q. Did you make any observations upon these persons? - A. There were three, one I observed to be a lame man.

Q. Did you observe how he walked, whether he had an iron on? - A. I did not; I observed he limped as he was going out of the door. They applied for a long pistol barrel, I produced a musketoon barrel to them; they observed, that would not do, they did not want it plugged up at the end, from that I inferred it must be a strait cylinder they wanted; they said, it must be five-eighths of an inch diameter in the bore, and an eighth of an inch thick; that if I would cast it and bore it, they would finish it themselves; upon which I told them I should not undertake to do it without they brought a pattern, and one of them observed, would not a rocket case do, I observed it would do, if they plugged up the ends.

Q. That was for the model? - A. Yes, and they went away; after that, I believe one of them asked how long it would take making, I said, about three days.

Q. Did they all take a share in the conversation? - A. The lame man was the principal; it was not the lame man that asked in what time it would be done; the lame man was the person that principally conversed, to the best of my recollection.

Q. Since that time, have you ever seen a person of the name of Upton? - A. I saw him in September 1795.

Q. Did you recollect then that you had ever seen him before? - A. I did not.

Q. Did you recollect that he was the lame man that conversed with you? - A. I did not.

Cross-examined by Mr. Gurney. Q. When you were called down, these persons were in your shop? - A. Yes.

Q. Who spoke to you first? - A. The lame man.

Q. Do you remember any thing that either of the other men said? - A. There was something about a rocket case.

Q. All but that was said by the lame man? - A. Yes.

Mr. Garrow. Q. Respecting the time of its being done, related to the same business? - A. Yes.

THOMAS BLAND sworn.

Examined by Mr. Wood. I am a brass-founder, I live at No. 40, in Shoe-lane, Fleet-street.

Q. Do you remember any body coming to your shop in September 1794? - A. Yes.

Q. Do you remember the day? - A. No; two men came in first; and five minutes after, when they were gone, one came to enquire for them; the two that came in first, asked for a tube or a barrel; I told them it was not my business, if they wanted a barrel, they must apply to the cock-makers; if they wanted a tube, to those that draw tubes; I gave them a short answer, and they went away, and the third came and enquired for them.

Q. Who was the third? - A. I think it was Palmer; they were gone down the lane and he went after them.

Cross-examined by Mr. Adam. Q. Do you know Palmer? - A. I have seen him.

Q. Did you know him at that time? - A. I did not.

Q. How long after was it before you came acquainted with Palmer's person? - A. I saw him before the Privy Council, they told me his name was Palmer.

Q. Do you know who the other persons were? - A. One was the lame man; they told me his name was Upton.

DAVID CUTHBERT sworn.

Examined by Mr. Law. I am a mathematical-instrument-maker, I live at No. 9, Greyhound-court, Arundel-street.

Q. Do you know Upton? - A. Yes.

Q. Do you remember calling upon him at any time? - A. Yes, I do; I called upon him to subscribe some money for the wives and children of the persons under charge of high-treason.

Q. Had you any conversation at that time? - A. A very little; it was so insignificant, I don't remember any thing of it; I called upon him the second time to know how the subscription came on; instead of answering me respecting the subscription, he answered respecting the Corresponding Society; Upton, being a watch-maker, I gave him an invitation to look at an engine.

Q. When did he call upon you? - A. About Bartholomew-fair time.

Q. Do you recollect any conversation with him about the powers of air? - A. Yes; he saw an air-pump lying in the shop, I explained it to him as well as I could. I shewed him an air-gun, and I explained that to him; he came again to look at it the next day, and a man with him.

Q. Did you take any notice of the person that came with him? - A. No, I did not; Upton had displeased me with his conversation the time he called before, and I did not like him nor his friend. The gentleman said he was fond of shooting, and told me that he had lost three of his fingers by the explosion of a gun; but I did not look to see whether he had or not.

Q. Did he handle the gun? - A. He looked at it, and viewed it, and said it was a handsome piece.

Q. Did he apply to you to do any job? - A. Upton did; I said, I had so much business of my own I could not undertake it.

Q. Was the person that came with him present at that time? - A. He was at the outside of the door.

Q. Did he say any thing about the properties of air? - A. No.

Q. Have you ever seen that man that came with Upton, any time since? - A. No; and I don't know that I should have known him again six hours after. I don't know that I should have known him if I had met him in the street a minute after; it is an absolute fact.

Q. Did you see any person afterwards with Upton before the Privy Council? - A. No; I never saw Upton before the Privy Council at all.

Q. Did you see any body before the Privy Council that had lost any fingers? - A. No; I was before the Privy Council, and there was a man in the lobby of the name of Dennis, he said, there he goes; I said who? and he said, Crossfield; he appeared to be much taller than the man I saw with Upton.

Q. Did you see any person with a defect in his fingers before the Privy Council? - A. I did not at all.

Cross-examined by Mr. Gurney. Q. Do you know what time in September Bartholomew-fair is held? - A. I believe it is somewhere about the 9th; but it is all supposition.

Q. You invited Upton for the purpose of shewing him something, you thought, in his way? - A. Yes.

Q. An air-pump being in the way, you talked to him about the properties of air? - A. Yes.

Q. Did he talk to you about the properties of air? - A. I believe he did.

Q. Did he appear to be acquainted with the properties of air? - A. No; he did not in my judgement.

PEREGRINE PALMER sworn.

Examined by Mr. Wood. Q. You are an attorney, in Barnard's-inn? - A. Yes.

Q. How long have you been acquainted with the prisoner Crossfield? - A. I believe about fifteen or sixteen years.

What is he by profession? - A. A physician .

Q. Where did he reside? - A. At a number of places since I knew him.

Q. Did he reside in London the latter part of the time you were acquainted with him? - A. He resided in Dyer's-buildings, Holborn.

Q. Whether you belonged to any club, or society, of which the prisoner was a member? - A. Yes, several; one of them was the London Corresponding Society.

Q. Was he a member there? - A. I have seen him there; I believe he was a member.

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

Q. You were a delegate were not you? - A. Yes.

Q. And a chairman of the committee? - A. I consider a delegate as a kind of chairman.

Q. Did Crossfield attend the meetings pretty regularly? - A. I believe I have seen him there three or four times.

Q. Did he belong to the same division as you did? - A. Yes.

Q. Was not he a very regular attendant? - A. I have seen him there frequently, three or four times.

Q. Did you know, by name, a person called Upton? - A. Yes.

Q. Do you remember, in September, 1794, accompanying the prisoner, Crossfield, to Upton's house? - A. Yes, I do.

Q. What time of the month? - A. The beginning of the month, I cannot tell the day.

Q. Did you and Crossfield accompany Upton to any where? - A. Yes; to a house in New-street, or New-street-square.

Q. To a house of any business? - A. Yes; the person was a brass-founder.

Q. What passed at the brass-founder's you were so in company at? - A. Upon my word I don't know what passed; Upton had some business; I have no recollection of any thing that passed there.

Q. How long were you in company with Crossfield and Upton at that house in New-street-square? - A. A few minutes.

Q. What business was transacted while you were present? - A. Upton said he had some business, I don't know what it was.

Q. What did he converse about at the brass-founder's? - A. I cannot say.

Q. Was any thing produced at the brass-founder's? - A. I don't know that any thing was.

Q. Will you swear that nothing was produced? - A. No; but I don't know that there was any thing produced.

Q. When you had finished your business there, where did you go to next? - A. To a house in Shoe-lane.

Q. What business was carried on there? - A. The same; a brass-founder.

Q. How long were you in company with Cross

field and Upton there? - A. Not at all; I did not go into the house.

Q. How long were they in the house? - A. A short time; I suppose, a minute.

Q. Where did you go to from the brass-founder's in Shoe-lane? - A. To a house in Cock-lane.

Q. I observe, you did not go in with them into the house in Shoe-lane? - A. No.

Q. Did you go in after wards to enquire for them? - A. I did.

Q. In consequence of the information you received, which course did you pursue; where did you go then? - A. To Cock-lane.

Q. Where did you overtake them? - A. In Shoe-lane; I was informed they were just gone.

Q. What trade was the house you went to in Cock-lane? - A. The same trade.

Q. Did you go in there? - A. I believe, I did.

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

Q. You three went in together? - A. Yes.

Q. Tell my Lord and the Jury what passed there. - A. There were some directions given about something.

Q. About what? - A. About something in Upton's business.

Q. Do you know what a tube is? - A. Certainly.

Q. Was there any conversation about a brass tube? - A. I cannot recollect that there was.

Q. Was there any conversation about a model? - A. I cannot recollect; there might be some such conversation, or there might not, I cannot recollect.

Q. Was there any brass tube produced by any body? - A. I don't know; I don't recollect that there was.

Q. Did you ever see this tube before? - A. I believe I saw something like it before the Privy Council.

Q. Do you remember ever seeing it any where else? - A. I don't recollect that I did.

Q. Have you been long acquainted with Crossfield? - A. Yes.

Q. Are you well acquainted with his hand writing? - A. I am not; there is nothing that I am particularly acquainted with in his hand-writing but the manner of signing his name.

Q. Have you corresponded with him? - A. I never received above five letters from him.

Q. Whose hand writing do you take that to be?(shewing him a letter) - A. I cannot swear to it.

Q. Whose hand-writing do you believe it to be? - A. I cannot swear to a belief of it; I am not sufficiently acquainted with the hand-writing to form a belief on the subject.

Q. Have you ever seen that paper before, (shewing him a paper)? - A. Upon my word I don't know.

Q. I ask you, upon the oath you have taken, whether you have seen that paper before? - A. I don't know; there was a paper shewn me before the Privy Council.

Q. Have you any doubt that that paper was shewn to you before the Privy Council? - A. I don't know that this paper was.

Q. Do you mean to say, after looking at it, that you cannot form any belief whose hand-writing it is? - A. I can form no belief whose hand-writing it is.

Q. You cannot be sure you ever saw this paper before? - A. No.

Q. Have you ever seen any paper that contained drawings similar to those on the paper I have shewn you? - A. I don't remember the paper.

Q. Upon your oath, have you ever seen any paper with similar drawings to those? - A. I have no recollection of any thing of the kind.

Q. Have you no belief that you have? - A. I have no recollection, and therefore can form no belief.

Q. I ask you once more, upon your oath, have you never seen a paper similar to that? -

Court. This kind of examination is not regular on the part of the prosecution; for when he has disgraced himself there is an end of his credit.

Mr. Wood. Q. Look at this paper Mr. Palmer,(shewing him a paper), do you know that paper? - A. No; I do not.

Q. Do you recollect ever seeing it before? - A. I cannot say I recollect seeing it before; but such a paper was shewn me before the Privy Council.

Q. Do you recollect ever seeing it before you saw it before the Privy Council? - A. No.

Q. Do you know whose hand-writing it is? - A. No; I do not.

Q. Do you know whose hand-writing that is?(shewing him another paper). - A. This hand-writing I am not acquainted with.

Q. The last place you were at was the brass-founder's, in Cock-lane. - A. Yes.

Q. How long were you, Upton, and Crossfield, at that brass-founder's? - A. A very few minutes.

Q. Do you recollect any thing that passed? - A. I do not.

Q. Where did you go to next? - A. To Mr. Hill's, Bartholomew-close.

Q. What is he? - A. I have heard he is a turner.

Q. Was he a member of the Corresponding Society? - A. He was, at that time.

Q. Upton and Crossfield accompanied you to Hill's? - A. Yes.

Q. What passed? - A. Upton gave some instructions to Hill about something, and I think the word model, or pattern, was mentioned.

Q. Was any drawing produced upon that occa

sion? - A. I think Upton produced a drawing as instructions for something Hill was to do.

Q. Was that drawing left with Hill? - A. I cannot say.

Q. You did not see a drawing made at the time? - A. I think Upton made it at the time, I cannot swear to it.

Q. Do you recollect any thing else that passed? - A. No.

Q. After you left Hill's, where did you go to next? - A. I forget; Crossfield and I were going some where together, I forget where we went to.

Q. Did you, as far as Upton and Crossfield were concerned, part there? - A. I cannot recollect; I believe we parted some where there about.

Q. Where did Upton live? - A. In Bell-yard.

Q. How many times had you met Crossfield at Upton's? - A. I suppose once or twice before.

Q. How often afterwards? - A. I cannot recollect that I saw them afterwards; these transactions I did not know where of the kind I should be called to give evidence of, I considered them as mere trivial concerns.

Q. You heard of Upton and the other's being taken into custody? - A. Yes.

Q. Where did Crossfield live then? - A. In Dyer's buildings.

Q. How long after did he remove from Dyer's-buildings? - A. I cannot say; I went myself about that time into the country.

Q. Perhaps he went with you? - A. We went together to Bristol.

Q. How soon after Upton's examination before the Privy Council was it that you and Crossfield went to Bristol? - A. I cannot recollect how soon.

Q. Was it before the advertising and offering a reward for the apprehending of Crossfield? - A. Many months before that.

Q. When was it you went? - A. I believe, in October 1794.

Q. Is Crossfield a single man, or has he any family? - A. He is a married man; his wife, I believe, resided with him, in Dyer's-buildings.

Q. Did his family go with him? - A. His wife did not accompany us.

Q. How long did you continue at Bristol? - A. I continued a few days; he had a design of settling at Bristol as a physician, and meant to make some experiment on the waters there.

Q. Did you see him afterwards at Bristol? - A. No.

Q. Did you see him in London again, before he was in custody? - A. Yes; when he returned from Bristol.

Q. Where did he reside in London? - A. I don't know where he was; I saw him two or three times at my chambers.

Q. Did he go back to Dyer's-buildings? - A. No.

Q. Did you correspond with him while he was at Bristol? - A. I believe I received one letter from him.

Q. Did you write to him in consequence of that? - A. I cannot recollect.

Q. Whether you addressed to him as Crossfield, or by any other name? - A. If I wrote to him at Bristol, I addressed the letter to him as Crossfield; I don't think I wrote to him at all.

Q. Did you enquire where he was to be found? - A. I believe I did, I cannot recollect; - I recollect, when I come to consider of it, I did enquire where he was to be found.

Q. Can you tell what time he left London after his return from Bristol? - A. I cannot say.

Q. Did you correspond with him after you left London again? - A. No; I never saw him but once since, that was before the Privy Council.

Cross-examined by Mr. Adam. Q. You have known Crossfield fifteen or sixteen years? - A. I have.

Q. You were very much in the habit of intimacy with him in September 1794? - A. Yes.

Q. Do you happen to know, at that time, the particular state of Mr. Crossfield's health? - A. Yes.

Q. What state of health was he in? - A. In a very ill state of health; he used to take large quantities of opium at that time.

Q. Upon a particular day of the month, you don't mention in September, 1794, you went with him to Upton's? - A. Yes.

Q. Do you happen to know how long Crossfield and Upton had been acquainted before that time? - A. I don't know; it was a very short time before.

Q. How long had you been acquainted with Upton before that time? - A. I cannot say, I suppose it might be a month or two months.

Q. Can you tell whether Crossfield's acquaintance with Upton was in consequence of your acquaintance with Upton? - A. I believe Upton's acquaintance with Crossfield was, by seeing him at a division of the Corresponding Society.

Q. Can you say how long, antecedent to the time that you went to Upton's house with Crossfield? - A. I cannot say how long.

Q. Upton was a watch-maker? - A. Yes.

Q. Was he a mechanic in any other respect? - A. I think he was, for I remember seeing, at Upton's shop, an electrical machine, which he shewed as a curiosity.

Q. Upton was a member of the Corresponding Society? - A. Yes.

Q. Do you know whether there were any proceedings of the Corresponding Society, respecting Upton, at this time? - A. I cannot say, I remember Upton was disgraced in that Society.

Q. Do you happen to know whether any of the persons charged upon this indictment were among those who disgraced him in that Society? - A. Yes; I know that Mr. Le Maitre was one man that particularly objected to him.

Q. Do you know of any other? - A. No, I don't.

Q. Can you tell whether the enquiries, respecting Upton, were going forward about this time in the month of September, or the beginning of August 1794, and to the latter end of September? - A. I cannot charge my memory as to dates; about that time, I was in the habit of attending meetings of that Society, when that transaction took place; I think it was in the month of August or September.

Q. Subsequent to that, you went to New-street, or New-street-square, you don't know which? - A. There are several streets of that name, it was about Gough-square.

Q. What was the particular circumstance that led you to go to Upton upon that particular day? - A. Upton had that day a watch of mine to repair; I think Crossfield and I dined that day together, and I afterwards called with Crossfield upon Upton for my watch.

Q. Do you recollect where you dined that day? - A. I don't, it was somewhere in the neighbourhood of Temple-bar.

Q. And, from the reason you have given, you went to call upon Upton? - A. Yes.

Q. When you went to New-street, or New-street-square, it was to a brass-founder's? - A. Yes.

Q. Did you all three go in? - A. I believe we did.

Q. Did you know who was the person who came to you upon that occasion? - A. I don't know whether it was the master or the servant; I have no recollection upon the subject.

Q. From that you went to another place in Cock-lane? - A. Yes.

Q. I think you told us you did not go into the house upon that occasion? - A. No; that was in Shoe-lane.

Q. Was there any thing particular prevented you from going in? - A. Yes; I had a natural occasion to stop, and when I went in afterwards they were gone, and I followed them.

Q. Was it in consequence of overtaking them that you went with them to the next place? - A. Crossfield and I were going together upon business into the city, and Upton said he was going the same way, and would accompany us.

Q. And then you went to Cock-lane next? - A. Yes; and then we went to Hill's in Bartholomew-close.

Q. You were asked by my learned friend, with respect to Mr. Crossfield's place of abode? - A. Yes, Dyer's-buildings.

Q. Did he live in family there? - A. No, in lodgings.

Q. About the time you first heard of Upton being carried before the Privy Council, and Le Maitre, Smith, and Higgins, being committed, do you remember having seen Crossfield? - A. Yes.

Q. Did you, at that time, see him as publickly as you had used to have seen him before? - A. Yes, and frequently; I staid but a few days in town; I frequently go to the West of England at that time of the year, and I was just upon the eve of setting out; it was soon after Le Maitre and Smith were in custody.

Q. You went to Bristol with Mr. Crossfield? - A. Yes.

Q. Do you recollect any thing that passed between you and Mr. Crossfield, relative to going to Bristol? - A. I remember he talked of going to see the Bristol waters, he thought he might be able to make some discoveries in his medical capacity.

Q. How long did you remain at Bristol? - A. A few days.

Q. Had you frequent opportunities of seeing Mr. Crossfield there? - A. Yes, every day.

Q. Did he go about publickly? - A. Yes; as publickly as any man possibly could do.

Q. You left him at Bristol, and he remained there some time? - A. He remained there a month, or two months, I cannot exactly say; he remained there till the time I was first called before the Privy Council; he returned to town about that time; I saw him then in London.

Q. Did he make any mystery of his situation then? - A. No; the first time I saw him, I did not make any particular enquiry about him.

Q. He remained in London for some time, do you know at what time he left London? - A. I don't know at what time he left it; I think the last time I recollect to have seen him, was the last day I was called before the Privy Council; I was called before them three times in the course of ten days; I think it was in the month of January.

Q. Upton, Le Maitre, and Higgins, were called before the Privy Council in the month of September? - A. I think it was, but I cannot tell.

Q. And you saw him as late as the month of January? - A. I think it was.

Q. With respect to his being advertized, and a reward offered, when did you first see it? - A. I cannot speak as to the time when it appeared; but

this I know, it was a considerable time after I last saw him, and a considerable time after I heard that he was failed.

Q. Had you ever any conversation with Upton, with regard to that instrument? - A. No, I never had.

Mr. Garrow. Q. It is necessary to ask you one or two questions; I think you almost concluded my learned friend's examination, by saying, that the last time you saw him, was the last day you was before the Privy Council? - A. Yes; at my own chambers, after he had come from Bristol.

Q. You told him, doubtless, you had been before the Privy Council? - A. Yes.

Q. Upon which of your three examinations before the Privy Council was it you undertook to seek after Crossfield and find him? - A. I think, the truth.

Q. How often, between the first and third examination, did he visit you at your chambers? - A. Once or twice; I don't mean to say he was no more than twice; I cannot say particularly.

Q. Was it on that part of the day after you had concluded your examination? - A. I think it was before I went to the Privy Council.

Q. You said he went to Bristol, with a view to enquire whether that was an elegible situation for him as a physician, and to make some improvements upon the waters; did he announce himself as a physician newly arrived there, at Bath, or Bristol? - A. He did not go to practice as a physician, he went to see whether Bristol would be an eligible place for him to practice in.

Q. Before he went to Bristol, he was publickly about here in town? - A. Yes.

Q. But if I did not misunderstand you, in answer to my questions, you told me, that after he returned, though you enquired after him, you did not find out where his residence was? - A. Certainly, and I can give you a reason for it; the reason he assigned was this, I told him the circumstance of my being summoned before the Privy Council the first time, and I acquainted him, that his attendance was likewise required; he told me, that he was engaged to go abroad, as the surgeon of a ship, that he had no objection to it, but he knew nothing at all of the matters then pending between the Privy Council, and that his staying in town would be the means of preventing him going his voyage.

Q. You explained to him, that his attendance was very much wanted, and that you had promised to procure his attendance as a witness? - A. Yes.

Q. Did not your examination close, without the Privy Council having the smallest idea that you knew where to find him? - A. I did not know where to find him.

JOHN HILL sworn.

Examined by Mr. Law. Q. You are a turner? - A. Yes; in Bartholomew-close.

Q. What division of the Corresponding Society are you a member of, or were you a member? - A. Division six.

Q. Were you acquainted with Upton in September 1794? - A. A little; I knew him.

Q. Do you know Palmer likewise? - A. Yes; Upton; Palmer, and another man, came to my house about that time. Upto asked me if I could turn wood; I told him, yes; and he asked if I would do him a job; I said, yes; then he began to tell me about what sort of a job it was to be; I did not rightly understand, according to what he said to me, what sort of a thing he wanted; and then they produced a bit of a sketch of it.

Q. Look at that, (showing him a paper), is that it? - A. I think this is the sketch that was produced.

Lord Chief Justice Eyre. Q. Was it done with ink or pencil? - A. Ink. I supplied them with pen and ink.

Mr. Law. Q. There is written at the back of it "a house to let, enquire within;" was that wrote upon it before? - A. Yes.

Q. Were all the three persons present when that sketch was drawn? - A. Yes.

Q. Had you any conversation with them about the way in which the thing so sketched out was to be done? - A. I asked Upton what it was for, and he said, it was something in the electrical machine way; he desired me to bring it to his house, and I should be paid for it.

Q. Do you recollect which of the three persons sketched that out, Upton, Palmer, or the stranger? - A. The stranger did do something at it, to the best of my recollection.

Q. Were there more persons than one that did any thing at it? - A. I think I did something at it. at the desire of Upton; I don't recollect that Palmer did any thing to it.

Q. Was there any conversation about a straight piece that was to be done? - A. Nothing; but I asked what it was for, and they said, something in the electrifying machine way.

Q. Was there any distinction taken in your conversation about the straight piece that was to be done, and the bit of brass work? - A. It was to be turned straight along, like that in the drawing; like a round ruler.

Q. Is this that which you did, in consequence of that direction, like a round ruler? - A. I think this is it.

Q. Now look at that; is that what you did as a model for the brass work? - A. Yes; it looks like it.

Q. You did this as meaning to conform to the directions contained in the sketch? - A. I took them to Upton's house according to his direction, to see if it was right, about three days or so after they were ordered.

Q. Which of them told you you should be paid for it? - A. Upton.

Q. You are sure none of the others mentioned any thing about paying for it? - A. No; none of them.

Q. Did you see Mrs. Upton when you went there? - A. I cannot say; he was playing at cards with a man I think I did see a woman come into the place in the mean time, and I left the things.

Q. Do you happen to recollect the particular day, in the month of September, when they were ordered? - A. I think about the middle of September, or towards the latter end, I cannot tell exactly.

Cross-examined by Mr. Gurney. Q. You have stated that you yourself was a member of the London Corresponding Society? - A. Yes.

Q. Of that society Upton was likewise a member? - A. Yes.

Q. Have you any knowledge of any enquiries that were going forward at that time respecting Upton in the Corresponding Society; were there any imputations thrown upon Upton's character in the Corresponding Society? - A. Yes, there were.

Q. Do you know any persons principally concerned in throwing those imputations; was Le Maitre active in it? - A. I cannot say exactly; but I think, Higgins said something that affronted Upton, and they were about to investigate his character.

Q. Were you present at any other meeting when any persons, whatever, brought any charges against Upton? - A. I was at no meeting when there was any thing said respecting his character, but in a committee one night, where he was.

Q. Do you recollect, while that examination into Upton's character was going on, having any conversation with Higgins respecting Upton; did you hear Higgins say any thing in the society respecting Upton's character? - A. I cannot say I recollect Higgins saying any thing respecting Upton's character; but he was going to save them the trouble of expelling him; he was going to take himself away; upon which Higgins said, there he hops off; and Upton was affronted, because it was a reflection upon his lameness.

Q. Were there or not expressions of violent animosity between Higgins, Le Maitre, and Upton, in the society? - A. There were; but I cannot say what it arose from, nor how it ended.

Q. In point of fact, were Le Maitre and Higgins pursuing any enquiry into the character of Upton? - A. Not that I know of.

Q. Did Upton call upon you at your house at any time, after Le Maitre, Higgins, and Smith were apprehended? - A. After Upton was apprehended himself, on the Sunday, he called upon me.

Q. How long before that had he himself been taken up? - A. He had only been taken up the Saturday night, as he told me himself.

(Here Mr. Attorney General took an objection, that in point of law, the animosity of Upton to the other persons charged in the indictment could not be gone into, which was argued on the side of Mr. Adam).

L. C. J. Eyre. As to the declarations of Upton, I will not pronounce a positive opinion upon them, because I cannot say what may be brought in evidence to let in those declarations; at present it is inadmissible, because it is the declaration of a man not upon oath, of a man who is dead, but not made under those circumstances that place it upon the footing of an oath, and, therefore, whatever Upton may have said, is not in its own nature evidence, and consequently cannot be received, unless in one particular case, and that is, where it is argumenium ad bominem, by way of taking off the credit of any thing that the same witness has said upon his oath, there to be sure, what he has said at another time may be gone into otherwise, in the nature of the thing, such a declaration is no evidence at all.

John Le Breton called in. - (Ordered to withdraw.)

Mr. Garrow. My Lord, I call this witness to two important facts; the first is, the time and manner of the slight of the prisoner after this accusation; and the next is, to his distinct declarations as to the share of guilt which he had in this transaction.

Mr. Adam objected, that according to the evidence then before the Court, there was no proof that could entitle them, on the part of the Crown, to give evidence of such declarations, and such confessions, inasmuch as there had been only one witness to prove one overt-act.

L. C. J. Eyre. I conceive here are two witnesses, and more than two witnesses to one overt-act in the way the prisoner's own council put it; a model being made by Hill, and approved of by one at least, and they were all present; it is a question for the Jury, whether those who were present did or not concur in it, and if they did concur in it, there are surely two or three witnesses; but if it were not so, it would be a very good objection for you to make when they have closed their evidence, that there has been but one witness, and that this confession will not supply the want of evidence, that may be good, but this evidence is to make the evidence that has been produced, intelligible, which perhaps it never may be; the authority cited, shews that the prisoner's confession is always to be received in corroboration of the evidence already offered; and, therefore, in that view, it may be offered upon the ground of there being two witnesses to the overtact; but I am of opinion it might be offered, even if there had been but one, because some other evidence might be produced afterwards, which would.

JOHN LE BRETON sworn.

Examined by Mr. Garrow. I failed from Falmouth on the 13th of January, 1795, in the Pomona; I was boat-steerer; she is a South-Sea

whaler; we were bound to the Southern fishery, round Cape Horn; the prisoner, Crossfield, came on board our ship as surgeon, about a week before we failed from Portsmouth, which was about the 29th or 30th of January, I cannot say exactly.

Q. By what name did he pass from the time he came on board till he arrived at Falmouth? - A. By the name of the Doctor, as it is most commonly used on board a ship; the Captain might know his name, but I did not; we failed from Falmouth on the 13th of February, and were taken on the 15th of the same month by a French corvette, called the La Vengeance, and carried into Brest on the 23d.

Q. Had you ever heard from the prisoner what his name was, or did you know him by any other description than that of the Doctor? - A. Not till we arrived in France; he wrote his own name in the list that was sent to shore, Robert Thomas Crossfield.

Q. After your capture, you were shifted on board the Frenchman? - A. Yes.

Q. Do you remember any expression of his upon his leaving your ship? - A. Yes; me and the ship's mate being left on board, as he was going over the side he wished us good by, saying, he was happy he was going to France, he would sooner go there than to England.

Q. When you arrived at Brest, did you find the prisoner there? - A. Yes, on board the same corvette; our ship did not go into Brest; the Pomona was turned a-drift, and I was taken into the same corvette as he was.

Q. By what name did you find him passing in France? - A. He passed by his name in the muster list; we mustered frequently, and he always answered by the name of Crossfield.

Q. After you had arrived at Brest, did you hear the prisoner make use of any expressions with respect to his Majesty the King of England, or any share he had had in any thing relating to his Majesty? - A. Yes; I heard him say, he was one of those who invented the air-gun to assignate his Majesty; I asked him what it was like; he told me the arrow was to go through a kind of tube, by the force of inflammable air; he described the arrow to me as like one of our harpoons that we kill the whale with; I don't recollect any thing further.

Q. Did you hear him use those expressions more than once? - A. Yes, two or three times; this time particularly.

Q. Do you recollect any song that he sung? - A. Yes, he sung a song.(Mr. Adam objected to the question).

Mr. Garrow. Was it a seditious song, disrespectful to his Majesty?

Lord Chief Justice Eyre. I think you had better not go into that.

Mr. Garrow. How long did the prisoner pass at Brest by the name of Crossfield? - A. Till he came away; we came from Brest in a cartel from the West Indies, and then he wrote down his name in the muster list, H. Wilson, of the Hope, passenger.

Q. Who made out the muster list to transfer you from the French ship into the other? - A. He was one of the people himself.

Q. Was he muster-master while you were there? - A. Not particularly; any Englishman used to write the names down.

Q. Did he embark on board the cartel ship in the name of Wilson? - Yes, we called him Doctor as before.

Mr. Adam. Q. Do you know what became of the muster roll? - A. I believe it goes to the representative of Brest.

Mr. Garrow. Q. Do you recollect, during the time you continued at Brest, any other disrespectful or seditious expressions respecting his Majesty? - A. I don't recollect any thing particularly.

Lord Chief Justice Eyre. The whole of it is, that he absconded, and when he returned to England, he came under a feigned name.

Mr. Garrow. And his declaration of a share in this transaction -

Lord Chief justice Eyre. O yes, yes.

Cross-examined by Mr. Adam. Q. Do you know, of your own knowledge, any thing with respect to the manner in which this muster list is disposed? - A. I cannot tell.

Q. For any thing you know then, this muster list may be sent over to the Admiralty in England? - A. It may be there for ought I know.

Q. You are sure that you read this muster list with attention at the time it was submitted to you? - A. I am sure I both saw it and heard it read over.

Q. And you can charge your memory at this distance of time correctly, with what you have stated? - A. Yes.

Q. What number of crew were on board the Pomona? - A. I think twenty-three, to the best of my remembrance it was not less, including the captain, whose name is Charles Clarke.

Q. Did he continue a prisoner in France all the time? - A. Yes, he did.

Q. Did he come back with you to England? - A. Yes, he did; in the same cartel ship.

Q. Have you seen him frequently since you came back to England? - A. Yes, frequently; but never since Christmas.

Q. You were examined before the Privy Council? - A. I was.

Q. Was captain Clarke examined before the Privy Council? - A. I believe not.

Q. Did he attend there? - A. He did not.

Q. Have you seen him since your examination at the Privy Council? - A. Yes; in London.

Q. At what particular place? - A. At the Solicitor's, Mr. White.

Q. Have you ever seen him in any other place? - A. Yes, on board of his ship.

Q. Have you never seen him at any house on shore upon the banks of the river Thames? - A. Yes, I have; at his lodgings in Wapping, near Gun-dock.

Q. Should you recollect the name of the landlady if I were to tell it you? - A. I think, I should.

Q. Is it Smith? - A. No; not the last time he came to London. I was at Mrs. Smith's once or twice with him, but he did not lodge there; that was at the time he was sitting his ship out after he returned from France.

Q. Had you any conversation with him at that time upon this subject? - A. I cannot rightly say that I had.

Q. Then, if any body were to come and say you had conversation with him upon this subject, at Mrs. Smith's, at Wapping, since your return from France, of course, they cannot be speaking truth? - A. I don't know that they could.

Q. Your recollection is very accurate to the words Crossfield spoke; your recollection is very accurate to the words you read in a paper; and both those things happened a great while before you saw captain Clarke at Wapping, at Mrs. Smith's; now, upon your oath, had you no conversation there upon the subject of Crossfield and this accusation? - A. I had not; no further than I told him I had been examined at the Privy Council.

Q. In consequence of your having so told him, did nothing further pass upon the subject of Crossfield? - A. No.

Q. Upon your oath, I will put it again; do you not recollect any conversation with captain Clarke, about what captain Clarke must have over-heard pass, upon the subject of this accusation? - A. I do not; captain Clarke was never so inquisitive as to ask me.

Q. Nor you so anxious as to tell him? - A. No; I did not. I don't believe I called at Mrs. Smith's with him above two or three times.

Q. Is he your captain now? - A. I cannot pretend to say; he may be on the coast of Africa for ought I know; he went about Christmas.

Q. When did you return from France? - A. I think about the first of September we landed.

Q.I think you told us Crossfield came on board the ship at Portsmouth? - A. He did.

Q. And failed upon the 13th to Falmouth? - A. Yes.

Q. For any thing you know, you captain might have known Crossfield by his real name? - A. He might.

Q. Before you failed from St. Helen's he came on shore, I believe? - A. Yes; he was on shore two different times with me.

Q. Who came on shore with you besides? - A. The boat's crew; I remained on shore two or three hours; we went to buy stores.

Q. You and Crossfield went publickly about the streets? - A. Yes.

Q. After you had failed from St. Helen's, you were driven into Falmouth? - A. We put into Falmouth.

Q. What was the ship loaded with? - A. Casks and water, with provision for the voyage.

Q. Do you mean to say,that casks and water were all that the captain and owners had laid in to go this voyage to the West-Indies? - A. No; there was the captain's private trade.

Q. Had you no private trade of your own? - A. No; only two dozen pair of stockings.

Q. Did not the captain's private trade consist of jewellery, and watches, and articles of that description? - A. I believe, they were.

Q. What day did you put into Falmouth? - A. I believe, it was the 2d of February, I cannot say rightly the day; we were in Falmouth ten or eleven days.

Q. Was Crossfield on shore at Falmouth? - A. I don't recollect that he was.

Q. Will you take upon yourself to swear that he was not frequently on shore? - A. I will take upon myself to swear that he was not on shore more than once, if he was that; I don't know that he was at all.

Q. Then you cannot take upon yourself to say any thing about it? - A. No, I cannot.

Q. As soon as you were captured, were you all put over into the corvette? - A. Not directly; we got into Brest on the 23d.

Q. During that time, what sort of weather had you? - A. Pretty moderate, considering the time of the year.

Q. How many English prisoners, altogether, were on board the French ship? - A. None but our ship's crew, at first.

Q. Do you recollect any scheme, upon the part of your ship's crew, to take possession of the French ship? - A. I do; we were all concerned in it, as far as I know; captain Clarke and I were concerned in it; and, I believe, Crossfield was; about three days after we had been on board, it failed, because some of them were outlandish men, and would not agree to it.

Q. Upon your oath, was not Crossfield one of the first men, and declared himself ready to go into

the cabin amonst them, with his sword drawn? - A. I was not there to see.

Q. Where did you first go to from Brest harbour? - A. Into the Roads.

Q. Had you any intercourse with any other English ships at that time? - A. Not till we had got on board another ship.

Q. Did you meet any English prisoners there? - A. Yes, numbers; I don't rightly recollect the names of any of them.

Q. Was not Crossfield carried on board a prison ship? - A. Yes; the Elizabeth.

Q. Do you remember the Achilles? - A. Yes; she say pretty near hand.

Q. Was the Normandy close to you? - A. Pretty near.

Q. I need not ask you whether Crossfield speaks French? - A. He does.

Q. Did he not serve as interpreter between the French and the English prisoners? - A. Sometimes he did; there were several that did.

Q. Do you recollect any English prisoners on board the Achilles or the Normandy? - A. I don't recollect.

Q. Do you recollect captain Yallery? - A. I don't remember him particularly; there was one captain Yallery, who was captain of one of the transport ships, he was not in the prison ship; I met with him in the Landerneau-river.

Q. Do you remember Mr. Cleverton? - A. I do; he was taken by the same ship two or three days after we were; he came on board the same prison ship with us.

Q. Did he stay on board the Elizabeth all the while Mr. Crossfield was there? - A. Yes.

Q. You did not mess with Crossfield at this time? - A. I did not.

Q. Do you know if captain Cleverton messed with him? - A. I am not sure; I believe he did.

Q. Do you know captain Collins? - A. Yes; I cannot say whether he was on board the Elizabeth or not.

Q. You were afterwards removed from the Elizabeth prison ship to a prison ship in Landerneau-river, were not you? - A. Yes; the Peggy, and the Active Increase were lashed close along side; you might jump from one to the other.

Q. They were used as prison ships? - A. Yes.

Q. Was Crossfield on board the Peggy with you? - A. Yes; and captain Cleverton; captain Yallery was not; captain Clarke was.

Q. Now, from the time you were removed from the Elizabeth prison ship, in Brest-harbour, to the Peggy and Active Increase, in the Landerneau-river, to the time you came back to England,Crossfield, yourself, captain Clarke and captain Cleverton, were all on board the same ship? - A. Not all the time; captain Cleverton was sick, and at the Solptech.

Q. I believe, when any body appeared to be sick, or stated themselves as sick, they were immediately taken from on board the prison ships to the hospital on shore? - A. They were, when they were very bad; they let them be pretty bad first, and then they were taken on shore.

Q. Captain Cleverton was taken on shore for some time? - A. Yes; and he came back and remained on board the Peggy till we all embarked for England.

Q. Who commanded the cartel that brought you home? - A. Captain Gallery , or Yallery, I cannot tell which, he commanded the cartel.

Q. Was captain Collins on board the cartel? - A. I cannot say whether he was or not; there was a captain Collins commanded one of the transports, I believe.

Q. Long before the coming on board the cartel to return home, you knew perfectly well that the person, called the Doctor, was Crossfield? - A. Yes.

Q. And all the ship's crew? - A. I cannot say that, I saw his name wrote, and saw him write it.

Q. I think you said he continued a prisoner under the name of Crossfield till you came away? - A. Till nearly we came away.

Q. And he was known by the name of Crossfield? - A. By the name of Doctor among our own people.

Q. There was no secret in his name? - A. No; several asked me his name, and I told them.

Q. You told me your own private trade consisted of silk stockings? - A. No, cotton stockings, and the captain's private trade of jewellery.

Q. How were they stowed; did they take up a considerable bulk in the ship? - A. No.

Q. Upon your oath, were not these articles conveyed on board the prison ships, and made the subject of sale by the persons who had been taken prisoners? - A. There was a trifle which they had, which they broke open.

Q. Was there any quarrelling about this? - A. No.

Q. Did Crossfield say any thing about it? - A. No.

Q. You never had any words with Crossfield about it? - A. No, I never had.

Q. You are quite sure there were never any words between you and Crossfield? - A. I don't recollect that I ever had a word in anger in my life with him.

Q. Did you not hear Crossfield say, that he would inform the underwriters that they were stole, and had not been captured? - A. I did not.

THOMAS DENNIS sworn.

Examined by Mr. Wood. I was chief mate of the Pomona, in January, 1795; we failed from Portsmouth the latter end of January; the prisoner, Crossfield, failed in the same ship, in the capacity of surgeon; I did not know his name; he used to go by the appellation of Doctor; I did not know his name till we got to France; we were captured on the 15th of February by the La Vengeance corvette, and carried into Brest.

Q. Had you ever seen the prisoner before he came on board at Portsmouth? - A. Never.

Q. In the course of your voyage, did you hear him say any thing, and what? - A. The night after we failed from Falmouth, the prisoner said, if Pitt knew where he was, he would send a frigate after him; moreover, that Pitt would have been shot, but he went across some bridge instead of Westminster-bridge, which bridge I have forgot.

Q. Did you ever hear him say any thing about his Majesty? - A. Yes; I heard him say that his Majesty was to have been assassinated in the play-house with a dart blown through a tube, and that he knew how the dart was constructed.

Q. Did he tell you how it was constructed? - A. No, I heard nothing further about the dart; I never heard him mention the form of it; I believe he did mention something of its being in the shape of a harpoon, but I cannot tell the particulars; he said his Majesty was to be assassinated by it.

Q. Did you ever hear him say any thing more upon that subject? - A. I don't recollect any more about the King.

Q. Did he say any thing about the construction of the tube? - A. No, any further than it was to have been blown through a tube.

Q. After the capture did you hear him say any thing of his being glad to leave England? - A. Yes; when we were first taken, he took me to the helm, and said, he hoped I should get the ship safe to England; that he was very happy he had got to France, and was not going to England.

Q. On your arrival at Brest, was there any muster taken? - A. Yes; a list of the prisoners was made out and sent on shore to the War-office, to which Crossfield signed his name, R.T. Crossfield; he said, there was no occasion to be ashamed of his name now.

Q. How long did he go by that name? - A. All the time he was in France, till the day that the list of prisoners was made out to come away, and then he changed his name to H. Wilson.

Q. Did you see the list in which H. Wilson was entered? - A. Yes, and overhauled it; it was written in his own hand; it mentioned his being captured in the Hope brig, instead of the Pomona, by the La Vengeance.

Q. Did you hear the list called over? - A. I did; the Commissary from Brest called it over, and he was called by the name of H. Wilson.

Q. Did he answer to that name? - A. Yes, and walked aft directly.

Q. Were you the person that gave information to the Magistrate? - A. No; I heard of it upon the road as I was coming to town, at a place called Bodmin.

Q. Who did you inform of this? - A. I was subpoenaed to the Privy Council.

Q. But who did you give information to? - A. To nobody before.

Q. Did not you go before a Magistrate? - A. No; I did not mention his name to any body; I was going to sea the next day as I was subpoenaed.

Cross-examined by Mr. Gurney. Q. How many days were you upon your voyage to Brest after you were taken? - A. I believe we got in upon the 22d or the 23d.

Q. Do you recollect any plan in the course of this voyage among the English prisoners to seize upon the French ship? - A. I do; I was concerned in it, and captain Clarke, and I believe Crossfield was.

Q. And the last witness? - A. Yes; we all meant to rise upon the French and seize the vessel; those that messed in the cabin were to seize upon the cabin.

Q. The ship that took you, took another vessel? - A. Yes; the Hope brig, captain Faulkner.

Q. Was there a captain of the name of Cleverton on board that ship? - A. Yes; he was put on board the Elizabeth, and remained on board as long as we staid.

Q. Was captain Yallery on board that ship? - A. No.

Q. Captain Collins? - A. No.

Q. You were removed afterwards from the Elizabeth to the Peggy? - A. Yes; the Active Increase was moored along side of her; captain Yallery, and captain Collins, were captains of two cartels, at a little distance from us; they used to come on board of us once in a week or a fortnight.

Q. Crossfield left the Peggy after some time? - A. Yes; and went on board one of the ships, on board of which captain Faulkner, or captain Alexander was.

Q. You were enabled, by the politeness of the French captain to save some part of the cargo of the ship, were not you? - A. No.

Q. Some part of the private trade of your captain and yourselves? - A. Yes.

Q. What were they? - A. Stockings.

Q. Watches? - A. The captain saved some watches; I had none.

Q. Was this property insured? - A. I don't rightly know; I had none of my own insured.

Q. Was captain Clarke's insured? - A. I cannot say; I believe there was some of it insured.

Q. It was afterwards the subject of traffick on board the prison ship? - A. Yes.

Q. Was any observation made by Crossfield, respecting this being a fraud upon the under-writers? - A. Not that I recollect.

Q. Brush up your recollection? - A. It did not concern me, I cannot say.

Q. Did not Mr. Crossfield expressly charge you and captain Clarke with defrauding the under-writers? - A. No; I don't recollect any such thing.

Q. You never had any words with him upon that subject? - A. No.

Q. If any body says so, they say that which is not true? - A. Yes; I never had any words with him, or he with me; I never exchanged fifty words with him to my knowledge, all the time I was in France.

Q. How many might you exchange before you went to France, fifty more? - A. I cannot say.

Q. You were not very confidential in your communications with each other? - A. My station was upon deck, and his below.

Q. Were there any words between you and him, such as that the ship was taken owing to your negligence? - A. No; there were no words between him and me; he never said that to my face; I heard that he did behind my back.

Q. There were no disputes between you and captain Cleverton, and Crossfield? - A. No, none at all.

Q. That you are quite positive of? - A. I am.

Q. You understood Crossfield behind your back to have blamed you for the capture of the ship? - A. I have heard that he has said so, but he never mentioned it to my face.

Q. I believe Mr. Crossfield lived constantly on board the Elizabeth with captain Cleverton, captain Clarke, and those persons? - A. Yes; there were nine of us in number, we messed at the same table.

Q. Was he in considerable intimacy with any of them? - A. Not remarkably that I know of.

Q. I believe you were miserably off in these prison ships for want of provisions? - A. There was no want of provision, we had bad provisions.

Q. Bad provision, and confinement together, are not very pleasant? - A. Not very.

Q. Did you ever take any steps whatever towards getting your liberty? - A. No.

Q. Did you ever state to the French, either directly, or through the medium of Mr. Crossfield, that you was an American? - A. Yes.

Q. Did you forge a certificate of your being an American? - A. I did write a certificate to the Consul.

Q. And consequently, as a republican, you know Americans all are? - A. Crossfield said, he had interest enough in France to get us all our liberty.

Q. Did not Crossfield endeavour to get his enlargment, by saying he was a naturalized Hollander, that he had a diploma from Leyden? - A. I know he wrote to some place, but what place I cannot say.

Q. Was not Mr. Crossfield a man of the most grave and serious deportment imaginable? - A. No.

Q. I believe, very much the contrary? - A. He was a man that drank very much.

Q. Was he a man of grave deportment, or of a great deal of levity? - A. A great deal of levity.

Q. Talking and rattling a great deal? - A. Yes.

Q. You hardly knew whether he was in jest or earnest sometimes? - A. I never paid much attention to him.

Q. For that very reason? - A. He was a bad principle altogether.

Lord Chief Justice Eyre. Q. Did they oblige the prisoners to go on board the cartel ships, if any body said they had an inclination to stay? - A. I did not hear that any body said they had an inclination to stay.

JAMES WINTER sworn.

Examined by Mr. Fielding. Q. You are master of a vessel called the Susannah? - A. I was the owner of both ship and cargo.

Q. On board of her, on your passage to Newfoundland from Spain and Portugal, you were captured? - A. Yes; by a French frigate and two corvettes, on the 6th of December, and arrived at Brest, on the 13th; I was put on board a prison ship for some time, and afterwards removed into Brest Castle.

Q. During your being at Brest, did you at any time see Mr. Crossfield, the prisoner at the bar? - A. Some time after, on the 20th of March, I was taken out of the Castle, and put on board one of the English cartels in Landerneau-River; there were seven of them there, but three were lashed together, Mr. Crossfield came on board the ship where I was, somewhere about the beginning of the 2d or 3d of April; it was on board the Revolution brig, Capt. Yallery. Capt. Yallery introduced him to me by the name of Crossfield; and he said his name was not Crossfield, it was Thomas Paine , and laughed; I said nothing to him, but after supper, he began singing some very bad and audacious songs.

Q. Did any thing afterwards pass relative to his Majesty, the King of England? - A. Yes; he said, he shot at his Majesty, but unluckily missed him. He

and I were walking upon the quarter-deck some time after, and I asked him where it was that he had shot at his Majesty; he hesitated some time, and then said, between Buckingham-house and the Palace. It was his continual conversation every day after dinner and supper for five months; and unless he was on shore with the Commissary, we dined together every day.

Q. Did you ever hear him say any thing more relative to his Majesty? - A. Yes.

Q. Mr. Fielding. Did he give any description of the weapon he shot at his Majesty with? - A. Yes; I saw a thing he had, which I understood he did it with; it was as long as that candle and candlestick, like a pop-gun; it was round and hollow, and about a foot and an half long, made of iron. He said he intended to put some poisoned darts in it; and that he had shot at a car with one and killed it.

Q. Did he say he intended to put some poisoned darts in, or that he had done it? - A. He said, he had done it; that he shot at the cat with it, and the cat expired in a short time in great agonies.

Q. Did he describe this instrument whether it would make a noise? - A. He said it would not make a noise; that he could kill a man at thirty yards, and nobody perceive that he had done it; and he repeated that many times.

Q. When you were in company with him, were there other people in company with him? - A. Yes; there were generally nine of us dined together every day.

Q. Was this conversation before the other people? - A. Yes; it was not confined to me, except at certain times; may be, when we were walking upon the quarter-deck, or down in the cabin. He put his finger upon the table, and dipped it in a little wet, and shewed me in what manner they were made; there seemed to be hairs out of each side; and, he said, it opened in the front when it struck, and something flew out, and let the poison in.

Q. Had you any conversation about preparing the poison, or where the poison was got? - A. He said, he prescribed it; he said, he was the very person that ordered it to be made up, that he had got it at a shop. He said, he had fired at his Majesty, but he did not say it was with that; he said, many times, that he had fired at his Majesty, and, unluckily, missed him; sometimes, he said, it was very unlucky, and sometimes, damned unlucky. There was not a soul in the cabin at the time, some of them were gone on shore.

Q. Did you ask him for any further explanation of these things, or not? - A. No, I never did; I was afraid to do it; I never asked but only one question, where it was that he shot at the King? and he said, it was between Buckingham-house and the King's Palace.

Q. Do you remember any conversation with him in August, relative to his wishes to the people in London, and his Majesty? - A. Yes; he said, he hoped he should live to see the day that the streets of London were up over his ankles in blood of the King and his party.

Q. Do you recollect the names of any gentlemen that might be present? - A. Yes; I remember one gentleman in company, captain Yallery, said, God forbid, matters might be done more easily.

Q. When this conversation took place, of his having shot at his Majesty, did he say any thing of what he was obliged to do? - A. He said, he went to Portsmouth, and there he went on board a South-Sea-man; and two or three days after, met with a French frigate, and luckily he was carried into Brest.

Q. Did he say any thing about a pursuit being made by a King's messenger? - A. He said, there were two King's messengers after him.

Q. Did you know any thing of the name, particularly, by which he went at Brest at different times? - A. He went by the name of Crossfield, except only the time as he introduced himself as Tom Paine ; he said, he went by the name of Tom Paine on board some other ships; when he entered his name in the list to come home, he entered it as Henry Wilson.

Q. Go on, and endeavour to recollect all the conversation that passed at that time, when he said he wished to see the streets of London flowing with blood? - A. That was the constant conversation all that night, till captain Yallery interrupted him, and said, God forbid, matters might be done more easily.

Q. Was captain Collins in company? - A. That was another time; captain Collins said, he should be happy to have the cutting off of the head of both King, Pitt, and the Parliament; Crossfield said, have patience, have patience, I hope to have the cutting off some of them by and by myself.

Q. When did you come from Brest? - A. On the 7th of August; I came in the same cartel with captain Yallery, in the Revolution.

Q. Do you know how Crossfield came away? - A. In the same ship.

Q. How long was he embarked on board that ship before you failed from Brest? - A. He was not long on board; I was on board the French Commodore with him; he and captain Yallery went on board the French Commodore, and they were then, I believe, for half an hour or an hour, and then captain Yallery and he came away, and Crossfield with them; he said, every thing is now settled to my own satisfaction; this was on the 27th of August, the day we left Brest, upon the gang-way of the French Commodore.

Q. What became of him afterwards? - A. One

of the captains held up his hand to stop him not to say any more.

Q. One of what captains? - A. The masters of the vessels, captain Byron or captain Lambton, I cannot say which.

Q. What became of him then? - A. He said, the French had given him great encouragement, and would provide for him; he often said that, I suppose fifty times, but never explained what he meant by it. Then he went on board the cartel, and we went out that very day.

Q. How long were you upon your passage before you came to England? - A. Three days.

Q. During your being upon the passage, did any thing remarkable take place? - A. No; not a word.

Q. How came that, that nothing passed between you, when so much passed between you before? - A. He was very close; he never said a word, I think, from the 19th of August, not till that very day he left the French Commodore, that ever I heard.

Q. When you came to England, where did you land? - A. At Menagessy; I went to a public house and asked for the landlord, and the landlord came, and I enquired for a Justice of Peace; he told me there was one about two miles off, and he would go with me himself; I went immediately to the Justice with him; I was not on shore ten minutes before I went; he was not at home, we saw him afterwards; I laid an information immediately against Crossfield, they granted a warrant to have him apprehended; the next morning they came to have him apprehended, and the vessel was gone over to Fowey, and he was apprehended there.

Cross-examined by Mr. Adam. Q. May I ask you what age you are? - A. Fifty-nine.

Q. You belong to New foundland? - A. I am a resident at that place at present, but was born in England; I have a family at Newfoundland.

Q. And you happened to be captured, and taken into Brest as a prisoner? - A. Yes; on the 6th of December, 1794.

Q. You were brought on board this prison ship, after being some time in Brest-castle? - A. Yes; on the 20th of March; it was an English prison ship, the Berwick.

Q. You have mentioned the names of two persons you found on board that prison ship, captain Collins, and captain Yallery; can you mention any of the other persons who used to mess with you at that time? - A. Yes; captain Alexander, captain Lambton, William Byron, and Henry Byron , Richard Taylor , Crossfield, and myself.

Q. Where are those gentlemen now? - A. I don't know; captain Yallery I believe is in London now; I believe the two Byrons reside in Shields.

Q. Were you never asked where they were by any body? - A. No; I mentioned them to the Justice at Menagessy, as having come home with me in the cartel ship.

Q. They were respectable men, I believe, these Mr. Byrons? - A. I don't know, they seemed to be very well there.

Q. Perhaps you thought nobody so respectable as yourself? - A. Oh, yes, I thought them so, certainly.

Q. They were mentioned by you as a part of the company that you used to keep in France? - A. Yes; that such people dined with me every day.

Q. Do you remember captain Clarke at any time? - A. I remember there was such a person there, but I never had any conversation with him.

Q. You were never on board the Peggy? - A. Never.

Q. When you were first introduced to Crossfield, he called himself Tom Paine ? - A. Yes.

Q. Did you know enough of Crossfield, at that time to know any thing of his manner of life? - A. No; I had not been with him above half an hour then.

Q. Were you enough with him to know whether he was in the habit of drinking strong liquor? - A. Yes; when he could get it, but he could not get it there; he would drink it if he could get it, I believe.

Q. How long was it from the time you became acquainted with Crossfield, to the time you came away? - A. About five months.

Q. And he was in intimacy with you and these gentlemen all the time? - A. Yes; he dined and supped with them every night, except he was with the commodore, on shore.

Q. And, consequently, all these gentlemen lived with him all those five months? - A. Yes.

Q. Therefore, every thing that you knew, they must know? - A. They must have known the greatest part of it.

Q. Do you know any thing about a hare; you may think it a strange question to ask? - A. No.

Q. You don't remember any thing about a hare jumping into your arms? - A. Yes; I was coming from Axminster to Lyme, and I stopped by a style to make water; I was buttoning up my breeches, and the hare jumped out, and I caught her in my arms, about twelve o'clock at night; and I threw her over the gate among a parcel of dogs; and the next day, just as the parson was going to church, the hare jumped out, and the dogs followed her.

Q. How long did the hare remain among the dogs? - A. Till after dinner.

Q. This was a story that used to amuse the company very much? - A. Yes, it did, I assure you.

Q. What did you tell those gentlemen you took this hare to be? - A. To be a hare.

Q. How did you think this extraordinary hare could keep so long among dogs alive? - A. If any gentlemen choose to dispute my veracity, send to Lyme and they will get a voucher for it.

Lord Chief Justice Eyre. Q. What did you take the hare for, did you take her for a witch? - A. They say that place is troublesome now. I took it for an old hare.

Mr. Adam. Q. Did not you tell these gentlemen that this hare you took to be a witch, or the devil? - A. No; they used to say there was something used to walk there; this was an old hare that had been hunted many times by dogs, and they never could catch it.

Lord Chief Justice Eyre. Q. What sort of a place was it you threw this hare into? - A. Over a wall seven feet high, about twelve o'clock at night.

Q. Have you ever been sworn in a Court of Justice before? - A. I have been upon the Grand Jury, in Newfoundland twenty-four times.

Q. Were you ever sworn in a Court of Justice as a witness? - A. Yes.

Mr. Attorney General. Q. You raised a corps in Newfoundland yourself, I believe? - A. Yes; I supported fifty men, and bought utensils for them, during all the American war; and sixty-nine in the present war, at my own expence.

WILLIAM PENNY sworn.

Examined by Mr. Abbott. I am master at arms on board the Hope; I was taken prisoner, and carried into Brest on board the Elizabeth.

Q. Do you know the prisoner at the bar? - A. I should know him if I see him.

Look round, and tell us if you see any body that you remember to have seen on board the prison ship. - (The witness went down and pointed him out). A. That gentleman, sitting down there;(the prisoner); I remember seeing him on board the prisonship.

Q. Do you remember hearing him sing a song? - A. Yes.

Q. And had some conversation with him the next morning in consequence of that song? - A. I had.

Q. Did you say nothing to him respecting the King of England upon that occasion? - A. I did; when he had sung his song, the chorus of the song was "Damnation to the King," and I said, what King? and he said, the King of England.

Q. What observation did you make to him upon that? - A. No more.

Q. What further did he say relating to the King? - A. He mentioned something about Mr. Pitt, in the song.

Q. But the next morning? - A. I went up and spoke to him; I said, Doctor, you can never be a true Englishman, and sing that song; he said, he would put me in irons; that he was one of the ringleaders that attempted to blow the dart at his Majesty, in Covent Garden; if he does not know me, I will put on the jacket that I had on when I was with him in the French prison.

Q. Did he say any thing more; did he express any sorrow at being a prisoner in France? - A. No; he said, Tom Paine 's works were the best works he ever read.

Q. What more did he say? - A. That Tom Paine 's works were the best works he ever read; and if he ever arrived in England, he would attempt the like again.

Q. When you returned to England, in the cartel ship, did the prisoner return with you? - A. Yes; in the Revolution, captain Yallery.

Q. Did he say any thing to you as you returned home on board that ship? - A. He mustered me on board; and when we came home, I was upon the Revolution's main deck, and he said to me, young man, was not you on board the Elizabeth? I said, I was; that was before we came into Menagessy; when we were coming in, he desired I would not take any notice of what was said on board the Elizabeth.

Q. How came it that you gave evidence upon this occasion? - A. For the good of my country.

Q. Did you give information to any body? - A. I mentioned it to a gentleman at Portsmouth.

Q. Did you lay any complaint before a Magistrate? - A. I swore to a Magistrate.

Lord Chief Justice Eyre. Q. How soon after you landed did you mention it at Portsmouth? - A. I was told to go to the King's Solicitor, and I went as soon as I had an opportunity.

Cross-examined by Mr. Gurney. Q. When did you go on board the Elizabeth? - A. I was taken the 22d of December 1794.

Q. You found Crossfield on board that ship? - A. No; he came on board the Elizabeth.

Q. How soon after you were there? - A. He came in May.

Q. How long was he on board that ship? - A. About a month before he went up to Landerneau.

Q. Who were the persons in his mess? - A. I believe there is one of them an evidence in Court, but I cannot tell his name.

Q. Point him out, who is he, Mr. Dennis? - A. I believe that is it. There were seven in the mess.

Q. Were you in that mess? - A. No.

Q. Did you associate much with Mr. Crossfield? - A. I never talked to him but that time.

Q. You never had conversed with him at other

times? - A. No; because he went from the Elizabeth up to Landerneau.

Q. During that month, had you any other conversation with him? - A. No, I had not.

Q. During the month he was on board the same prison-ship with you, had you any other conversation than what you have told us? - A. No; not after that time. When we were coming home, he desired me not to say any thing about what had passed; when we were on board the Elizabeth, I saw Crossfield in very closs conference with a French officer from Brest, abast the poop, they shook hands with each other.

WALTER COLLINER sworn.

Examined by Mr. Law. I live at Fowey: On the 31st of August last, I was applied to to apprehend Crossfield, Mr. Stocker assisted me; we took him on board the cartel lying at Fowey.

Q. Did he answer to the name of Crossfield? - A. Yes; and as we were going with him to Bodmin gaol, he said he would give me a guinea to let him go; he tried to take his irons off; I suppose, he said, we should only have a few shillings for carrying him to Bodmin, and we should have a guinea each if we would let him go; some time after that he offered us two guineas each; I asked him what he would do with the driver; he told me if I would let him have one of our pistols, he would pop at him, and soon settle that business.

Q. You neither took his money, nor lent him the pistol? - A. No.

Cross-examined by Mr. Adam. Q. What state was he in at the time you took him? - A. In the morning we took him first; it was in the evening when we were going to Bodmin.

Q. What sort of condition was he in then? - A. I cannot say whether he was in liquor or not.

Q. Don't you think he was very much in liquor? - A. Not very much; he might be the worse for liquor.

ELIZABETH UPTON sworn.

Examined by Mr. Garrow. Q. I believe you were the wife of a person of the name of Thomas Upton . - A. Yes.

Q. You have been under examination before the Privy Council? - A. Yes.

Q. Where did you reside at the time you last saw your husband? - A. In Wapping.

Q. When did you see him last? - A. On Monday, the 22d of February.

Q. At what time in the morning did he leave you and his home? - A. Between eight and nine.

Q. Did you ever see him afterwards? - A. No, never.

Q. Have you ever since seen any article of his wearing-apparel? - A. Yes; his hat, Thomas Annis , a waterman, brought me the next morning, which he had on when he left home.

Q. Had he given you any thing when he went from home in the morning? - A. He gave me a seal that he usually sealed his letters with.

Q. You have never seen him since? - A. No, nor heard of him, except by the information of this waterman.

Q. Have you any reason to know or believe he is alive? - A. I believe he is dead, I know nothing to the contrary.

Q. Was he man addicted to drinking, or a sober man? - A. I never saw him disguised in liquor in my life.

Q. Do you know a person of the name of Crossfield? - A. Yes.

Q. Have you seen him more than once at your husband's house? - A. Yes.

Q. Before your husband was examined by the Privy Council? - A. Yes, frequently.

Q. Perhaps, if you cast your eye round, you will see a gentleman of the name of Palmer? - A. I have seen him frequently at my husband's, but I don't see him here.

Q. Have you seen him there in company with Crossfield? - A. Yes; (the model and tube shewn her), I think I have seen these at my husband's shop in Bell-yard.

Q. Do you know a person of the name of Hill? - A. Yes.

Q. Did you see this (the model) brought to your husband's shop? - A. Yes; there was something brought, which I believe to be this, by Mr. Hill.

Q. (Shews her a long brass tube). Look at that? - A. I don't recollect ever having seen that before.

Q. Be so good as cast your eye upon this paper, tell us if you recollect having seen that in your husband's possession, (the drawing)? - A. I don't recollect to have seen any thing like it.

Cross-examined by Mr. Gurney. Q. At what place did you reside at the time you last saw Mr. Upton? - A. In Wapping.

Q. Do you reside there now? - A. No.

Q. Where do you reside now? - A. In Gray's-inn-lane.

Q. Have you lived there ever since you lost your husband? - A. Yes.

GEORGE STEERS sworn.

Examined by Mr. Wood. I live in Gatwood's Buildings, Hill-street, Finsbury-square.

Q. Are you a Member of the London Corresponding Society? - A. No, I am not, nor never was.

Q. Did you ever attend any of their meetings? - A. I did unfortunately attend one meeting, with two fellow clerks of mine, the latter end of 1794,

I believe about the month of August, I am not certain.

Q. Do you know Upton? - A. I know him no otherwise than seeing him the night I attended the meeting; I never saw him before nor since; I was told that it was Mr. Upton.

Q. Were you near him? - A. Yes; a fellow clerk of mine sat next to him; I don't know that I should know the man, but from his being lame of one foot.

Q. Did you observe any thing that he had with him? - A. Yes; I observed he held something in his hand, which I thought, from his being lame, was part of a walking cane.

Q. Did you ask to see it? - A. No, not being a member of the Society. I had no right to ask any question; a fellow clerk of mine asked him what it was, but I did not hear him give any answer; he shewed it him, and I perceived it was brass.

Q. Look at that, was it any thing like that(the tube)? - A. It was in appearance the same as this, but I took very little observation of it.

Attorney General. The one you saw before the Privy Council was the same, was it not? - A. It has the appearance of it, and I believe it is, but I made no mark upon it.

WILLIAM HENRY PEWSEY sworn.

Examined by Mr. Law. Q. Were you at the Corresponding Society with the last witness, Steers, in September, 1794? - A. I was with him one evening, but I cannot speak as to the time.

Q. Do you remember being there one evening when Upton was there? - A. Yes.

Q. Do you remember seeing any thing particular under Upton's coat? - A. Yes, a tube; I cannot say the dimensions.

Q. If you were to see the tube, do you think you should know it again; is this it? - A. It was something resembling this; I asked him what it was, I cannot say now particularly whether I spoke to him first or him to me, but I think I spoke to him first, and asked him what it was, for I saw a bit of it, and he pulled it further out; he did not give me any answer, but shook his head; he did not tell me what it was for.

Q. Did you ask him what it was for? - A. Yes, but he made no answer, and shook his head.

Lord Chief Justice Eyre. Q. Did you take notice whether it was hollow or not? - A. I think it was.

Q. But what reason have you to think so; had you an opportunity of seeing the light through it? - A. No, I cannot swear that it was; but it appeared to me to be something of that sort.

Mr. Law. Q. Did it appear to be a hollow instrument, or a solid one? - A. A hollow one.

Q. It was brass? - A. Yes.

Q. And about that length? - A. Yes.

EDWARD STOCKER sworn.

Examined by Mr. Garrow. Q. I believe, in the month of August last, you were one of the constables of the Borough of Fowey? - A. Yes; I and Colliner apprehended the prisoner, and took him to Bodmin.

Q. How far was it from Bodmin that you took him into your custody? - A. About twelve miles; he said we was better take a guinea each and let him go; he said, he thought he was man enough for us both; he then said he would give us two guineas each; Mr. Colliner asked what we should do with the driver; he said, lend me one of your pistols, and I will pop at him, and settle that matter.

Q. Was there any conversation as to the quarter from whence the money was to come; who you was to draw upon? - A. He said he would give us a draft upon somebody that was at Fowey, but not any inhabitant,

Q. And you conducted him safely to gaol? - A. Yes.

Cross-examined by Mr. Gurney. Q. This was in the evening, was it not? - A. It was in the evening, about nine o'clock, when we left Fowey.

Q. Crossfield was not very sober at that time? - A. I cannot say.

Q. Are you quite sure that Crossfield was perfectly sober? - A. I don't know that he was in liquor, he might or might not.

Q. Are you quite sure he was not? - A. I don't think he was much in liquor.

Q. Was not his manner of speaking very queer? - A. I don't know as to words speaking; I don't know any thing of the man.

Mr. Garrow. Q. Had he the means of getting drunk to your knowledge? - A. I cannot say.

Mr. Adam. Did Crossfield sleep in the post-chaise? - A. He slept, I believe, when he got about half way.

Q. And slept on the rest of the way? - A. Yes.

HARVEY WALKLATE MORTIMER sworn.

Examined by Mr. Garrow. Q. You are a gunsmith, in Fleet-street? - A. Yes.

Q. How long have you been in that business? - A. About thirty years.

Q. You have been used not only to the construction of ordinary fire-arms, but to the construction of the air-gun? - A. Yes.

Q. Is that sometimes constructed in the form of a walking-stick? - A. Frequently.

Q. Is it one of its properties to discharge and accomplish its object of destruction, without explosion? - A. Not entirely without explosion.

Q. Less explosion than is made by gunpowder? - A. Yes; if that explosion is where the air passes quickly by you, you will hardly feel it yourself, but

if it is in a confined room, it will make a noise something like this (smacking his hands together.)

Q. There would be less explosion in a large theatre, than in a small room? - A. Certainly.

Q. Is it another property, that it has less recoil than gunpowder? - A. So little recoil, that you may rest it against your naked eye, and it will not injure you.

Q. So as to take a most accurate aim? - A. Nothing so accurate, I have frequently tried to shoot at the head of a nail, and hit it twice out of three times, and drove it through the board without touching any other part; a friend has held something for me to aim at between his finger and thumb, and I have struck it out without touching him.

Q. May an air-gun be made to discharge an arrow as well as the ordinary charge of it a bullet? - A. Yes.

Q. Be so good as cast your eye upon that arrow? - A. Here is a drawing of two arrows, one of which is barbed, and the other not barbed.

Q. Now, supposing the one that is barbed to be so constructed, as that the barb should, in the exploding it, be collapsed, and so penetrate the opposing body in that state, and then open; do you suppose an arrow so constructed, might be discharged by the air-gun? - A. I conceive that impossible.

Q. You don't understand me? - A. I think I can explain it, you say that this, a barbed arrow might collapse in the act of discharging.

Q. No, quite otherwise; I am supposing something constructed, the two barbs so brought into this collapsed state, and so put into the air-gun, and then obtruded by the composed air, would that, so collapsed, penetrate the opposing body and then open; would it not, as soon as it was out, immediately gain its native position? - A. Undoubtedly it would.

Q. You see no difficulty in putting a barbed instrument that has the capacity of bringing its barbed parts together again? - A. Yes, if the springs of the barb are not too strong; but those springs could not act without a joint, in the part near the end of the place where this barb is; they must act upon a joint, and if it does, undoubtedly it would expand again, when it came into the open air.

Q. Have you any doubt, that an instrument so constructed, projected by the force of the air-gun, would occasion death? - A. I should not have the least doubt; I think it would be a very dreadful instrument indeed, if it was projected by the strength of the air-gun.

Lord Chief Justice Eyre. Can Mr. Mortimer give us any account of these two pieces of wood, supposed to be models for some instrument.

Mr. Garrow. Q. Do you apprehend, that piece you have in your hand might be used as the model of the cylinder of an air-gun, or an air instrument to project such a weapon as we have now been speaking of? - A. I could make such an instrument as this into a condenser, supposing this part to be left for the bore, and make a tube inside of this; I should not think it too large, I should think it well contrived; I should choose, if I was to make it, to have the cylinder rather less than this, it would be too much labour as it is.

Mr. Garraw. Q. Supposing I had wanted a cylinder of the external dimensions of the largest part of that piece of wood, though it would not have described it well to you, would it not be a sort of a thing by which you would have given the required thickness, the brass, the bore, and the external surface, which would describe the thickness of the tube, it would, though awkwardly perhaps set you to work? - A. Yes; but I should have asked a question or two first; if this was meant for a piston to condense air, I should have made my air-gun, if I had made it with the piston, internally in the hand, that nobody should have seen it, it should have been in a very small compass, this must have been made to put on occasionally, not to have carried in your hand with the gun.

Q. Supposing such a piston applied to a brass tube, would it not have condensed air enough to expel the arrow as an instrument of death? - A. Yes; to have condensed air enough to expel three or four times without re-charging.

Lord Chief Justice Eyre. Q. You say it would have been a model for an instrument to condense the air sufficiently for the gun to discharge three or four times? - A. Yes.

Mr. Garrow. Q. Look at the drawing upon that paper, does it appear to you to describe this? - A. Yes; but it is very evident, that the person that drew this, is not master of drawing.

Q. Does it describe that piece, (the model)? - A. Yes.

Q. Be so good as look at another part, and see if that describes sufficiently another piece that now lies upon the table, (it is shewn him); do you find any part of the drawing that appears to describe that piece of wood you have now in your hand? - A. Inaccurately it appears to do so.

Q. Do you think it gives an idea of it? - A. It is drawn so very bad, that I should not have made any thing like this from it.

Q. Do they appear to have such a correspondence, as that the one might have been made from the other, with some verbal assistance? - A. It might, but certainly not well without; I cannot say that there is any thing like sufficient for me to suppose it was made from this, unless the person had some verbal directions besides; the top part is

well enough described, the piston is plain enough described.

Q. I observe, that the one you have in your hand, has got additions, several round parts, that it is necessary to be more acquainted with drawings to describe? - A. Yes.

Q. But looking at it, though perhaps very little like a scientific drawing, is it like the thing you hold in your hand? - A. If I had met with them in private, and seen them upon the table, I should not have supposed the one was a drawing of the other.

Lord Chief Justice Eyre. Q. But with verbal directions these two pieces of wood might have been formed from that drawing? - A. Yes, no doubt of it; supposing verbal directions were given with it.

Cross-examined by Mr. Adam. Q. Suppose this had been put into your hand without any thing being said about it? - A. I could not positively have known what it was for, because we don't make them in that form, but in a snugger, neater manner.

Q. This is a bungling method of making it? - A. Yes.

Q. Are you in the common practice of making them? - A. Yes.

Q. And you make them in walking-sticks? - A. Yes, in different forms; I have a pair of pistols now in the shop that I can shoot with air only.

Q. You sometimes make them in the form of a walking-stick? - A. Yes.

Q. And you then make them for sale? - A. Yes; I sold one that his Majesty sent as a present to the Dey of Algiers.

Q. So that the air may be carried about condensed in the cane? - A. Yes.

Q. And it may be carried about with the piston, or without it? - A. Yes; I have thought about this a great deal, and I will tell you the result: a barbed arrow may be put in with ease, the point must be solid; at the end of that barb, there are two joints, each of which will bend when it strikes a body, if it is put into the gun with being bent only a little, as it comes out it will open, and it will keep open till its strikes a body, and as it enters the body, it will immediately press down and open the two joints where it parts, and it will let out the liquid that is contained in it, but if it is internal matter, it cannot be discharged till it strikes the body; now, that arrow would be very easily made, so as in the bottom part of it, where it was hollow, you might put a little condensed air, so that whenever that struck against any body, it might force out whatever was in it by the pressure behind it; but if it is so made, it must be feathered as that appears to be upon the drawing; but it must be feathered a little more than that is, so as to press totally round the cylinder, and the whole force of the air is then upon it, none of it would pass, it would be wind-tight, like a ball that rolls down a barrel, the whole action would be upon it; I could, with a tube, blow with my mouth only, without any condensed air, to do mortal injury to any man living within five or six yards.

Mr. Attorney General. Q. Do you mean to say, that it being feathered is material? - A. Yes.

Mr. Garrow. Q. Do you sell these things now, in your shop, in walking-canes? - A. I have not sold one these five years, I think them very dangerous.

Lord Chief Justice Eyre. Q. Can you, from the construction of these things, be able to inform the Jury for what use these pieces were intended? - A. I verily believe for the purposes of an air-gun.

Lord Chief Justice Eyre. Q. When the air-gun is constructed, I supose, it may carry an arrow, or shot, or any thing else that is offensive? - A. I can shoot a ball at sixty yards.

Lord Chief Justice Eyre. Q. And your judgment is, that upon the inspection of these two pieces of wood, they appear to be models of that which you please to make a part of an air-gun? - A. Taking the tube and the model together, I am satisfied they were meant for an air-gun.

Lord Chief Justice Eyre. Q. What tube? - A. The long brass tube.

Lord Chief Justice Eyre. Q. But without the brass tube? - A. It would be satisfactory that it was something of that sort, but not so satisfactory as with the tube; it is an additional evidence to my mind.

- WARD, Esq. sworn.

Examined by Mr. Attorney General. Q. You are a Barrister at Law? - A. I am.

Q. Do you remember seeing Upton any time in September 1794? - A. On the 12th of September 1794.

Q. Have the goodness to look at these two papers, and inform us whether you saw them in his possession? - A. Yes, I did; I am clear as to the one,(that with the barbed arrow upon it), I am not as to the other.

Q. Did you happen to see these in Upton's possession? (the models). - A. Yes, I did.

Q. Did you see the tube? - A. I did not.

Cross-examined by Mr. Gurney. Q. At what time did you communicate this fact to any of his Majesty's Ministers? - A. I think it was on Friday when I saw these things in the possession of Upton; and, I think, on the Saturday I waited upon Mr. Pitt, but I did not see him till the Wednesday following.

Mr. Adam. (To Palmer.) Q. Do you know any thing of Mr. Crossfield's circumstances? - A. Yes, I do.

Q. What sort of circumstances is he in? - A. His whole property was assigned over for the benefit of his creditors.

Q. Was he in debt? - A. Yes, he was.(The Court adjourned from half past ten till eight o'clock on Thursday morning, when the trial proceeded as follows:)

Mr. Adam. May it please your Lordship. Gentlemen of the Jury. We are now come to that stage of this cause, in which I am to address you on the part of the prisoner; and, Gentlemen, I cannot help congratulating you, and I cannot help congratulating myself, that the measure of adjournment, from the heat of the Court of last night, to the quietness and composure of the morning, has taken place. I am sure, Gentlemen, it is for the benefit of us all, that we come here with fresh recollections, that we come here with our minds not impaired with a long and fatiguing attendance, in order to discharge that most important, that most weighty, and, to me, that most awful duty, which I have now to discharge. Gentlemen, I may fairly say, I can say it with truth, and I say it with the same energy that I speak it with truth, that I never before stood in such a situation. Gentlemen, it never happened to me before, in the course of my professional life, to be engaged as the person who was chiefly charged with the defence of a prisoner upon a trial for his life; far loss has it happened to me to be charged with the defence of a prisoner indicted for the offence with which the prisoner now stands charged. Gentlemen, when I mention that I can assure you, and I can assure the learned and respectable Judges who preside upon this occasion, that I do it not with a view of consuming your time, by any vain or particular applications to myself; I do it, Gentlemen, because I think, upon this occasion, it will suggest, which, if it were necessary, I am sure I have much need of, namely, that according to the true principles of the law of this country, even in a case of treason, where the law, as my learned friend, the Attorney General stated it, has deviated from the rule of other crimes; that the learned and respectable persons who preside here, will consider themselves as counsel for the prisoner; I know it is their disposition, I know it is the constant and general tenor of their practice; and I am sure I stand in need, and my client trusting his cause in my hands, stands in need of that aid. Gentlemen, I trust too, that it will have this effect, if any thing were wanting to excite your attention, to awaken your feelings, or to call upon you for a patient attention to the hearing of this case, I am perfectly sure, Gentlemen, that it will have that effect; and if you came into this Court with that determination, which I know is impressed upon all your minds, impartially, patiently, and with that integrity which is your true portion of proper virtue, to consider this cause, that all these qualities will be enhanced, they will be all excited by the particular circumstance in which I have described myself to stand.

Gentlemen, I can assure you, that from the moment I left this Court last night, to the moment I am now addressing you, I may say, even during the few hours of refreshment by sleep, which I have had the opportunity of taking, my mind has been constantly employed in this weighty and important matter; and I have endeavoured to use that time to the best advantage, not only for the purpose of defending the prisoner, but for the purpose of defending him, so as to arrange the matter in that order, to state it with that perspecuity that the time enables one to arrange in a business of this complicated nature, in order to save your time, and yet do justice to my client.

Gentlemen, before I proceed to state the observations I have to make, either upon the nature of the case, or upon the evidence, as it has been laid before you, or upon that evidence which I shall have occasion to state in reply, I will shortly state to you what I consider the question now to be tried; the prisoner is, as the Attorney-General has stated, indicted for high-treason, the particular species of high-treason for which he is indicted, is that of compassing and imagining the death of the King. By the law of the land, as it was stated by the Attorney-General, the will in that case goes for the fact, that is to say, the intention of killing the King is as much a crime as if the fact were actually committed; and I agree perfectly with my learned friend, that it is impossible to conceive a wiser institution, that, if that institution is wife for the purpose of any monarchial government, it is particularly wife for the purposes of the government of this country; for an attempt, or an intention to attempt the life of the King, in this mixed monarchy, where the nature of our government gives a free scope to a variety of opinions to make that treason, is certainly a most wife, and most important enactment of the legislature. At the same time, however, that the legislature has most peculiarly been cautious; at the same time, that the legislature has wisely interfered, in order to guard that sacred life, on which I state, with the same energy as Mr. Attorney-General, the well-being of the state, so much, so eminently, and I might almost say so solely depends; it has been most anxious, at the same time, to sence the situation of the prisoner, to take care that he shall have a fair trial, to lay down such rules, both for the manner of assembling you in the place in which you are now seated, and the manner in which you are to receive the evidence in such a case, in a way that is sure to protect the prisoner, so that the law and constitution, in a case of this kind, is of this sort; at the same time, that it protects the Crown by rendering the will equally to the deed; it is equally cautious, as that is the most difficult situation in which a subject can be placed, and as that difficult situation is applicable to the present case, I wish you to attend to it: I say, at the same time, that the law has provided these safeguards for the subject to which I have alluded; one of those safeguards is, that there shall be stated upon the face of the indictment those overt-acts, or open deeds, which are supposed to have had the tendency to accomplish the end in question. Gentlemen, upon the present question you have had it stated to you, and, therefore, I will only recite it again shortly, that this indictment does state such overt acts, that it states, in the first place, a conspiracy between the prisoner, and three other persons, who do not now stand upon their trial, and other persons to the jurors unknown, to prepare a certain instrument, to be loaded with a certain arrow, to be sent forth from thence, for the purpose of taking aay the life of the King; it like

wise states the same overt acts, but states it without laying it as being done in conspiracy with others; it like wise states overt acts of consultation, where they consulted and conferred together for the purpose of taking away the life of the King; these are, generally speaking, the overt acts stated in the indictment, and you will find throughout, Gentlemen, that there are two distinct propositions in this case, the one proposition, that there was an instrument prepared, or ordered to be prepared; the other is the intent, or the purpose to which that instrument was meant to be applied; there are two distinct propositions upon the face of the indictment, and they are distinct too; in that proof, as I shall have occasion afterwards to shew you when I come to speak to that part of the evidence.

Gentlemen, you have heard upon this occasion, that there have been various rules laid down by lawyers relative to the manner in which evidence, in a question of this nature, is to be considered by a Jury. Gentlemen, I confess to you, that in my opinion, as there is no very difficult question of law, nor any very difficult application of the rules of evidence in this case, I flatter myself that I shall have the happiness of making myself distinctly understood upon the present occasion. Gentlemen, my learned friend, the Attorney General, cited as doctrines of the law of England with respect to treason, from an authority to whom he paid the highest tribute of applause, and to which authority it is impossible to pay too high a tribute of applause, namely, from the authority of Mr. Justice Foster, whose name, he said, would live as long as the Constitution of England lived. Gentlemen, I shall have occasion in the sequel of what I am addressing to you, to have recourse to the doctrines and learning of that eminent person, who deserves the character that has been given him; but I flatter myself, neither the learned Judges upon the Bench, nor you, whom I have the honour more peculiarly of addressing, will think I deviate from that propriety which is due to your situation, from that rule of conduct which relates to mine, or from that duty which I owe, above all, to the prisoner at the bar, if I call your attention to a much earlier period of the English law, and attempt to deduce authorities from persons at that early period, down beyond the time in which Mr. Justice Foster wrote. Gentlemen, the Act of Parliament says (for this is an indictment upon the stat. 25 Edw. 3.) "When a man doth compass or imagine the death of the King, and thereof be provably attainted of open deed by people of his condition, it shall be adjudged treason." This is shortly that part of the statute which relates to the crime in question, which I state to you distinctly from the other treasons enacted by that statute, in order that you may distinctly understand that the only question for you to try is, whether the prisoner at the bar did, upon the evidence, imagine and compass the death of the King, and whether he be thereof provably attainted of open deed. Now, Gentlemen, this word provably has been upon these occasions a word extremely relied upon in the construction of this act; the meaning of that word has received a variety of confirmations in judicial determinations, and it did receive a most solemn, a most deliberate, and a most distinct consideration from a very eminent person in the law of this country, my Lord Chief Justice Coke, who, in writing upon this statute, says, upon the word provably, that by provably is meant "that it shall be upon direct and manifest proof, not upon conjectural presumptions or inferences, or strains of wit, but upon good and sufficient proof; and herein the adverb provably hath a great force, and signifieth a direct and plain proof, which word the King, the Lords, and Commons in Parliament did use; for that the offence was so heinous, and was so heavily and severely punished as none other the like, and therefore the offender must provably be attainted, which words are as forcible as upon direct and manifest proof. Note, the word is nor probably, for then commune argumentum might have served, but the word is provably be attainted." Now, Gentlemen, this is the construction; this is the opinion laid down by Lord Chief Justice Coke, considering this statute deliberately in his closet, a person well acquainted with the principles of the law of England, and you see that he here makes a great deal to depend upon the word provably; that the distinguishes most materially between provably and probable, and says, that on account of the severity of the punishment, and for the protection of the prisoner, that the legislature meant that he must be attainted provably, that is, by manifest and direct proof. Gentlemen, this was laid down by my Lord Chief Justice Coke, at a time when he was considering this important statute, at a time when he was laying down that which was by common consent (and it will be so stated by the Court) to be the clear and distinct law of the country, and to be incorporated as completely in the constitution and law of the country, as any other maxim, as any other principle, as any other declaration of the common law whatever. Gentlemen, this which was laid down by Lord Coke in his closet, this which has become the law of the country, this which is uniformly rested upon by Judges and by Juries in all questions of treasons, was carried into effect, was realized and acknowledged by another great luminary of the law, in a great and eminent prosecution, nor a prosecution for treason, indeed, but a prosecution in which he brings the doctrine directly home to the question of treason, and by which you will see, Gentlemen, that the same principle laid down by Lord Coke in his closet, is adopted and acted upon by Lord Bacon, when he was Attorney General, when he was addressing a Jury impanelled as you are to try a prisoner indicted by the Crown. My Lord Bacon, in the trial of Lord Somerset, (and I flatter myself, that in expounding a question of this sort you will not think me tedious, or improperly drawing your attention to these subjects. Lord Bacon says, "As for the manner of the evidence, the King our master has given us command that we should not expatiate or make invectives, but materially pursue the evidence, as it conduceth to the point in question; a matter, which though we are glad of so good a warrant, yet we should have done of ourselves: for far be it from us by any strains of wit or arts to seek to play prizes, or to blazon our names in blood, or to carry the day otherwise than upon sure grounds. We shall carry the lanthorn of Justice (which is the evidence) before your eyes upright." Then he goes on - "I will speak somewhat of the nature and greatness of the offence which is now to be tried, not to weigh down the prisoner with the greatness of it, but

rather trariwise, to shew that a great offence needs a good proof, for the offence next to that of high treason in the greatest" In that case, Lord Bacon is speaking in the trial of a person for murder, and you see he brings the whole doctrine home to the case of treason. He says, the King, our master, hath commanded us not to expatiate or make invectives; and, Gentlemen, I am sure that excellent monarch under whom we live, who respects his own life only for the benefit of his subjects, would not, I am sure, have given such a command. I am sure, at the same time, I do no more than justice to my learned friend to say, that such an insinuation was unnecessary; for throughout all the opportunities I have had of seeing his practice in the eminent situation in which he stands, he has copied manfully the doctrines laid down by Lord Bacon in this case. Gentlemen, Lord Bacon brings it home to treason; he lays it down in the case of murder; but he says expressly, that is the highest crime except treason; he therefore does most undoubtedly bring the whole doctrine of Lord Coke, with regard to the meaning of provably, to the point of treason, that it is to say, he lays it down, that in a question where there is a prisoner at the bar tried for his life, whether it be for treason or for murder, the evidence is to be carried upright, and uses the words of Lord Coke, and says, it is not by him meant by any strains of wit or arts to seek to play prizes.

Gentlemen, having stated this to you as the will, by which this evidence must be judged of; I earnestly request you to treasure it in your minds, to lay it up in your understandings, for the purpose of applying it in the sequel of this case, when I shall have the honour of stating the evidence particularly to you; permit me to state to you what the nature of this question is, from the manner in which it arose. Gentlemen, my learned friend, the Attorney-General, has brought into your notice a person of the name of Upton; he has not been able to bring his person into your presence, about which I shall say a few words by and by; the indictment itself brings Upton to your notice, and you certainly have heard from the best of all authority, namely, that of the Attorney-General himself, that if Upton had come into the situation of any of the witnesses examined, that the would have appeared to be a person concerned in the same crime, and discovering that crime to the government of the country; that is the situation in which he is represented. Gentlemen, I shall have occasion, in the sequel, most lamentable indeed, to regret that that person has not been in a situation to be brought here, that most undoubtedly I shall have to regret. But, Gentlemen, upon the present occasion, I bring him to your notice, merely for the purpose of drawing your attention to the probabilities in which this case is founded; and, I think, I shall be able to demonstrate, that the probabilities are all against the existence of such a conspiracy, and that there is no proof provably given, sufficiently to establish a contrary conclusion, or that ought to satisfy your minds, that, in a case of life and death, that, in a case of blood, that, in a question high as the crime is that is stated upon the indictment, and none can feel the enormity of it more than I do. Gentlemen, I think I shall satisfy you, that under a view of the probabilities on the one hand, and under a view of the evidence taken, provably on the other, there is not a ground or foundation for you to rest your verdict of guilty upon, and that I shall feel myself confidently intitled to that verdict which will send the prisoner forth among his fellow-subjects, I trust, to pass there the residue of his life, in a conduct which will make it perfectly impossible to impute to him any thing like that imputation which now rests against him. Gentlemen, I must call to your attention, not only the particular character of Upton, but I must likewise state to you, what is proved in part by the cross-examination of the witnesses for the prosecution; and what I shall lay before you in direct and manifest proof, coming home to the very point, and the very issue in question; I shall be able to lay before you evidence of the situation in which Upton stood with the persons with whom he is supposed to have conspired, and with whom he was an accomplice, and afterwards the spy to government; and I think I shall be able to corroborate that testimony, which you already have in part, that Upton was in a situation of dispute with Higgins, at enmity with Le Maitre, and had no particular acquaintance with Smith; and that there was not any thing like an acquaintance and confidence between him and the prisoner; for you have it proved, by incontestible testimony, that the prisoner had been but for a very short time indeed acquainted with Upton. Now, Gentlemen, if I can establish to you that he lived in direct enmity with Le Maitre, that his enmity had gone to such an extent that he had sent him a challenge to sight him, and that Le Maitre had not given him satisfaction; and I think, if I can prove he lived in that situation with Le Maitre, if I can prove to you, that that enmity to Higgins was, in fact, in consequence of an enquiry carried on with great diligence, an enquiry commenced with great form, an enquiry that had for its object the search into Upton's crimes, an enquiry that had for its object a discovery of those crimes, an enquiry that had for its object the banishing him from a society, where, if he was not an active member, he was a spy, who might expect to receive emolument from his situation in that society; if I prove that, then is not the probability against the existence of such a conspiracy? I ask you, whether you can suppose conspirators, not only not acquainted at all, but living in a state of enmity to each other; and whether under such circumstances, these men, living in a state of such enmity, carrying on an enquiry at the very time, leading to the destruction of the very man who is the discoverer and accomplice; I ask if it is possible to find its way to the human heart, that such a conspiracy, under such circumstances, could possibly have existed? I call upon you then for the necessary conclusion, the grand foundation, the principal ground-work of this great crime being destroyed, annihilated, abolished, and done away; that consequently when the foundation is gone, the superstructure must fall, and all that my learned friend has built upon it, and all he wishes to have you infer from that evidence, and all that upon which he wishes you to confer guilt upon that unfortunate person at the bar, turns directly the other way; and then you must have manifest proof, not invectives, not by a strains of wit or art, to seek to play prizes, but you must have the lanthorn of Justice clearly before your eyes; and I

am sure I am addressing myself to twelve persons who have consciences, who have integrity, who have intelligence, who have every quality that can belong to your situation; and confident I am, that if I establish that, I shall go at least a great way to destroy every idea of the existence of this conspiracy. Gentlemen, this is not all, this relates only to the improbability of such a conspiracy. I now request your attention to the probability of such a contrivance, as I contend, Upton, who has not appeared before you, has contrived. Gentlemen, what has been his situation? his conduct was enquired into for crimes of the deepest dye; the whole tenor of his life will hold forth a man, who, if he had appeared in that place, you would have shrunk back from with horror. What was the situation of this man? what was the particular time in which he spoke? what is the peculiar turn, as the history of all ages have proved it, of men of such a description, in such times, and such situations? the man was such as I have described him; he had no means of rescuing himself but from the fabrication of a plot; he had no means of rescuing himself but by imagining and turning that which he had invented (God Almighty knows for what perpose he may have invented it), to the vilest purpose. Gentlemen, if I prove this, I shall then establish, not only the improbability of a conspiracy on the one hand, but a distinct and manifest probability of Upton contriving it on the other. Gentlemen, what was the situation of the times? is it possible for any man, with a love for his country, with a regard to the interests of it, not to call back his attention to the peculiar time at which the alarm took place with respect to the situation of this country? it was at the time of this alarm that this thing was contrived; not only so, but it was contrived at that particular period when, you will recollect, I am sure your Lordship will recollect, when conviction had taken place in the northern part of this country, of persons tried for high treason, who were tried upon the ground that there had been a conspiracy against the government of the country, to destroy this country, those persons were convicted; and there were trials in this country were persons were tried for the same crime, and those persons were acquitted.

Gentlemen, I bring nothing (nor ever will upon any occasion) into a Court of Justice, but the duties of an advocate; I make no observations upon the convictions in the one country, nor upon the acquittals in the other. But, Gentlemen, I state it to you for this material purpose, that, in the intervening time, when the alarm, which I am sure I don't say had unjustly taken possession of men's minds; but the alarm, which, if you please, had justly taken possession of men's minds, had been raised to a considerable height, by the proof of that upon which the alarm was founded, owing to the convictions in Scotland; and before the acquittals here, which tended to appease men's minds, just at that peculiar moment, was this plot brought forward by Upton, was this discovery made, and till that time it never had an existence. And, Gentlemen, mark the co-incidence of circumstances, that that very time will be proved to you to have been the time of accusation; that very time will be proved to you to be the time that excited Upton, not only for his personal safety, but every other motive to make the accusation. Whey then, Gentlemen, I have got three grounds, which establish, according to all human probability, and we am to judge of human actions from the nature of man; I have got three grounds shewing the strongest probability, that this man invented this plot for his own purposes; I have his personal safety, I have his revenge, I have the particular circumstances of the times exciting him to it, and then I have, in addition to that, the hope of reward.

Now, Gentlemen, I desire you will examine all these different motives; I desire you will carry them in your minds; I anxiously intreat you to consider the nature of them; and I am sure, when you do consider them, you will find, not only these different actives, but motives that cannot exist in the same breast, at the same times and that there is nothing in a person being urged by a love of revenge and a hope of reward in order to bring to justice persons whom he knew were completely innocent. Gentlemen, this is not all; what was the state of society at that time; was it calculated to encourage such motives, and bring them into action? Gentlemen, when I am addressing myself to you, I am not speaking to persons who are ignorant of the history of their country; I am not speaking to persons who are ignorant of the history of mankind; I am speaking to intelligent men, capable of judging of this case, in all its views, and under all its circumstances; and I believe the history of the world does not furnish an instance of strong public alarm, like that which pervaded men's minds at that time, without producing persons of the character of Upton, and without those persons taking advantage of the times to answer their own wicked purposes.

Gentlemen, I will not lead you out of the history of your own country; but I am sure I say nothing that has not a direct analogy to this cause, when I call upon you to bear in your minds the memorable words of an eloquent and philosophical historian, who, when this country was alarmed in 1670 odd, at the idea of a Popish plot, there sprung up persons of this description, and he describes the principle of the human mind; I have recourse to that great judge of human nature, in order to impress upon your minds and understandings that such circumstances do, on all occasions, excite such men to do such things, as I now charge this infamous, perhaps non-existing man, perhaps not non-existing man, with having contrived upon the present occasion.

Gentlemen, the way in which that period is described, I am sure you will all realize in your minds, because you cannot have been without the apprehension of something like it; and I am not afraid of bringing those apprehensions back to your minds, because the honesty of your natures will not suffer those apprehensions to operate in disfavour of the prisoner. Gentlemen, the historian, speaking of the people of this country, says."They thought their enemies were in their bosom, and had actually got possession of their country; each breath and rumour made the people great with anxiety, like men affrighted and in the dark, they took every figure for a spectre; the terror of each man became the source of terror to another, and a universal panic being diffused, common sense and common humanity lost all influence over them." Gentlemen, that was the situation of the public mind, the first part of the description perhaps

may paint that which gave this abandoned man hopes of success in his abandoned measures. The latter part of it, I know, does not describe the present times; thank God the enlightened Judges, and the enlightened minds of Juries, their openness to receive information abandoning all ideas, except in the single cause in question, throwing aside every prejudice; these characterize the present times; unfortunately at that time it was not so, Juries were not so constituted, the annals of that period certainly do not send forth what the annals of the present period do, a bright area in the history of England. Gentlemen, I know the prisoner is as safe in your hands as if no such circumstance had taken place at that period in which this invention was made; I know perfectly well, you will banish such ideas, and consider the question of guilty, or not guilty, upon the probability on the one hand, and upon the proof on the other.

Gentlemen, I have now, I believe, gone through every circumstance that relates to the original history of the case, to the situation and character of Upton, to the probability of their being no such plot, because the conspirators were totally unacquainted and at enmity with each other, and to the probability of there being such a contrivance as that which Upton made. Gentlemen, having done so, it is now my duty to bring you to the particular evidence in the cause, and to call your attention to that evidence, in the different points in view in which it appears to me. And, Gentlemen, I hope to do that without being tedious, at the same time, as this is the important part of the cause, and as we are all engaged in a most solemn and important duty; here I do most anxiously intreat your patience, and I am sure, my Lord, and you will pardon me, if in discharge of a duty of this sort, I should rather be prolix than run the risk of leaving any thing unsaid that may be for the benefit of the prisoner.

Gentlemen, the witnesses upon this occasion, are of two sorts; one set of witnesses were brought to prove, that an instrument, such as is described in the indictment, was prepared; another set of witnesses are brought to prove, that that instrument was meant to be used for the particular purpose laid in the indictment. Gentlemen, you will observe, that these two sets of witnesses are witnesses of a very different nature, that they speak to facts of a very different sort; the one set of witnesses, that is, those who prove the instrument, speak to facts that passed before their eyes, but with regard to any use of the instrument, with regard to any application of the instrument, they speak to no facts whatever, that tends, in the smallest degree, to establish any thing like an application; the other set of witnesses speak merely to declarations; so that you observe, in this case, the evidence of facts only establishes the making of a particular instrument; how far those facts bring it home to the prisoner, is a question for you to try, and for me to discuss; the evidence of confession and declaration, therefore, is the evidence that tends to establish the use of it. Gentlemen, therefore, without taking these witnesses in the order of time in which they were called, I will take the liberty of classing them in this manner, for the purpose of applying the evidence particularly to these two modes of proof, because different observations and different principles apply to the one set of witnesses and the other, owing to the different nature of the question they prove, and the different mode in which it is proved.

Gentlemen, the first witness is a person of the name of Dowding, he does not speak to any thing particularly being prepared, he does not speak at all to the prisoner; he only says three persons came, that Upton was the principal spokesman, and that it was Upton who said it was a secret. But you observe, Gentlemen, this person stated also a very material fact; he states, that they higgled and talked about the price. Now, Gentlemen, I wish to call your attention, coolly and deliberately to that fact; mark what the nature of the charge is, a great, an important, and a terrible charge, if it is true: one, however, which must be bottomed in a design which has some view or object, which must be bottomed in something more than four poor people meeting at a blind alehouse, for the purpose of contriving this extraordinary thing, and yet no evidence is given upon this trial, that any individuals were concerned in it but the prisoner and Upton (if the prisoner was concerned in it), and that is the nature of the subject that they were supposed to be talking to Dowding about. Now, what does Dowding say, that they higgled about the price; now I ask you, as judges of human nature, and capable of understanding the nature of man, of the human heart, and the human conduct, whether it is a natural thing, that persons carrying on such a plot as this, connected with such circumstances, could be in a situation to think the price of a poor miserable metal tube, a few shillings the one way, or a few shillings the other, at all an object. Why, Gentlemen, that very circumstances, in my opinion, tends to establish a strong negative to any such thing existing in the minds of these people, as that which is attempted to be proved. Dowding prove nothing to be done, and there I end my observations upon his evidence.

Gentlemen, the next is Bland; and by his evidence, nothing, whatever, is proved to be done; there were only two present at that conversation; Palmer remained behind, and Palmer accounted to you, in his evidence, why he remained behind; they were there a very short time, so short a time, that when the circumstance that led him to stop was over, they had been into the shop, and come out into the street, and he overtook them, so that the conversation could not have lasted above a very few minutes; Palmer was not present; he is supposed to have been a person concerned in this plot; Palmer, as well as Upton, is supposed to be cognizant with the particular object with which the prisoner is charged. Is it not a most extraordinary thing, is it not contrary to all probabilities, is it not contrary to the course of nature, is it not contrary to the common understanding of man, that, in a scheme of this kind, which scheme was carrying on, bottomed in the idea of taking away the life of the King, which one can hardly mention without shuddering at, by persons anxious that it should be carried into execution; that a conspirator in that very scheme, who is ushered into Court by the Attorney General, and examined by Mr. Garrow, as if he was a witness of mine, called upon cross-examination, and not as a witness examined in chief; that this witness, Palmer, is so little concerned, that he stays behind, to ease nature, till they are gone from the shop again; I ask, Gentlemen,

is it a thing that happens in the ordinary affairs of human life? why then, Bland speaks to nothing particularly done; and this is all you learn from him.

Now, Gentlemen, I wish you next to attend to the evidence of Cuthbert. Cuthbert is a person who makes air-instruments, and he spoke to an air-pump; Cuthbert has nothing to do with the making of this instrument; Cuthbert has nothing to do with the supposed conspiracy; Cuthbert does not give any proof whatever of the fact of fabricating the machine; but he states to you, that Upton, being a watchmaker, and he having occasion to go to Upton for a particular purpose, to pay him money for the wives and children of persons in Newgate for treason, he invited him to come to his house to see some of his machinery; and then, he says, that he saw Upton was a very disagreeable kind of person, that the second time he came, he took no notice of him; he says; they seemed to be extremely ignorant of the power of air; and it is clear, that they did not go there for the purpose of learning what the power of air was, because he establishes this fact, that he went at the particular invitation of him, Cuthbert. Then, I say, we have now again conspirators ignorant of the machine they were to use; conspirators going to the shop of an artist, not to learn the principle upon which the machine was to be constructed, but going at the invitation of the person as a matter of curiosity. You will therefore take into consideration, whether it is proved provably or not; but Cuthbert's testimony is produced merely for the particular purpose of giving a colour, it does not go to the main and particular question of the fabrication of the machine.

Gentlemen, I come now to the evidence of Flint; there was a short conversation, nothing, however, was done; he speaks positively to the lame man being the spokesman; he does not identify the prisoner at the bar, or say, that any thing was done of any kind.

Gentlemen, the next witness to whom I shall call your attention is Palmer, a witness whom my learned friend, the Attorney-General, in his opening, and Mr. Garrow, in his examination, treated as a witness standing in a particular situation; and that therefore it might be difficult to get out the truth, what his circumstances are, or any thing respecting him, I have nothing to do with; I will state such observations as occur to me upon what he has proved.

In the first place, Palmer ascertained this fact, and he ascertained it without leaving a doubt upon the mind of any man who heard him, that his acquaintance with Upton was of very short duration, it could not extend to a month; I would therefore call your attention to that part of the case on which I have already addressed you, the relative situation of the persons conspiring; for if any thing requires mutual confidence, it is a conspiracy, and if any conspiracy requires mutual confidence, it is such a conspiracy as is now the subject of your investigation. But, Gentlemen, Palmer establishes another thing, that they dined that day in the neighbourhood of Temple-bar, that it was a mere accident that led them to Upton's, that he went there for the purpose of having a watch repaired, and it appears to have been an accidental meeting. He then states to you, the various circumstances with respect to their going from place to place, but he can give no particular account of what passed upon that occasion; and, as far as he goes, there certainly is not any colour to say, that the thing was prepared, was ordered by the prisoner; or that he had any hand in the ordering of it, or any thing but an accidental accompanying of Upton, and nothing passed that could lead to a supposition that it was made with the intention attributed in the indictment. Palmer also proves to you the state of Crossfield's circumstances, and the situation in which he was before this conspiracy is supposed to have taken place.

Gentlemen, I would wish to call your attention particularly to dates, because dates are of great importance; and dates are that sort of thing that the more frequently they are repeated and inculcated, the more hold they take upon the mind; and I wish you; in the first place, to recollect, that Mr. Ward said he went to Mr. Pitt on Saturday the 12th of September, that he saw him on Wednesday the 16th of September; it will be proved to you that Le Maitre was apprehended on the 27th of September; that Smith was apprehended on the 28th; and it will be proved to you, that the advertisement of a reward for seizing Crossfield was not till late in the month of February. Gentlemen, I desire you, at present, to attend to those dates, because, in the sequel of what I have to address to you, I shall be under the necessity of making observations of considerable weight respecting them.

Gentlemen, I now come to the evidence of Hill, the person who was employed to make the model in wood. Now, Gentlemen, you will observe, that, throughout the whole of Hill's evidence, Upton too is the person who orders, Upton is the person who said he should be paid, Upton was the person to whose house he carried it, and Upton was the person to whom he applied for payment. He tells you that he had no knowledge whatever of the prisoner, that the prisoner did not interfere in the business, except aiding Upton when he was giving the description; but he does not seem to take any particular part in it. You will observe, likewise, Gentlemen, that all that he said upon that occasion, was, that the stranger might do something, but he spoke with a very saint recollection with regard to him. Against that, you have the evidence I have already stated, you have the different facts that I have observed upon falling from the witnesses and the grounds of the accusation. If Hill is supposed to prove any thing material, it is only the making up of a thing; he has not proved the use of it, or the application of it; so little has he proved the application of it, that a scientific man, who wished to shew us, as much as he possibly could of it, says, it is impossible to tell what those models were for, that it was only in consequence of a verbal description that he could have told what they were.

Lord Chief Justice Eyre. No, you misapprehend him, he said, he believed it was for the purpose of a piston for the air-pump, but upon seeing the tube he was more satisfied, and that taking them together he had no doubt.

Mr. Adam. Gentlemen, you have now heard from my Lord, what the evidence of Mr. Mortimer is, and the observation I have to make upon that, as applicaple to the testimoney of Hill, is this, that Hill, most undoubtedly from Mr. Mortimer's evidence, being an ignorant

man, could not conclude what this was for, therefore, all that appears from Hill's evidence, is, that he made a thing, and you will recollect, that as far, as I think, I am able to trace the evidence, Hill is the only person who speaks to the actual manufacture of this model; I mean always, with the exception of the general confessions to which I shall come by and by, and upon which I shall observe in course.

Gentlemen, the next witness, whose evidence I shall call your attention to, is, that of Mrs. Upton; and, upon the present occasion, I wish merely to state that Mrs. Upton was particularly called, in order to prove her husband's death; she was examined to some other circumstances, as to some of the things found in her husband's possession, and you will recollect she could swear to none of them, but the models, neither to the drawings nor the tube, consequently she only swears to these models being there. Gentlemen, with regard to her evidence as to her husband, that I shall have to observe upon by and by; and now I beg leave shortly to state to you the evidence of Steers and Pewsey, who were called to shew that Upton had something with him like a tube, at the meeting of the Corresponding Society. Now, whether it was a tube or not, upon the view that I take of this case, bottoming myself throughout upon the malignity and wickedness of Upton's character, combined with facts and circumstances, that he might have contrived such a thing for a wicked purpose, and that he might have converted it to the injury of others, and to the gratification of his own revenge, as long as I conduct my defence upon that ground, it does not signify whether it is proved positively, or, as it was proved doubtfully, it does not come home to the prisoner, he was not present; it does not come home to the Corresponding Society, not one of them is supposed to be concerned in this conspiracy; it does not come home to any of the individuals charged in this indictment, for not one of the individuals are stated to have been present in the Society upon that occasion; in short, it is a story that relates singly to Upton, which belongs to his malignity, which is bottomed in the advantage he thought fit to take of those whom he supposed to be his enemies, and taking advantage of the circumstances of the times.

Gentlemen, I come now to the evidence of Mr. Ward, and that is merely to prove, that he was told by Upton he had informed his Majesty's ministers; and, in consequence of that, the persons were committed at a subsequent time; you will observe, however, that the information was not communicated till the 16th, and there was no apprehension of the parties till the 27th, and no advertisement of the prisoner at the bar till the end of February; and I contend that that last fact is a most important one, because it shews that whatever the diabolical intentions of Upton might have been, that they had not an idea that there was an evidence, at that time, before them upon which to apprehend the prisoner; and, therefore, when I come to examine the circumstances of his demeanor after the apprehension of the other three prisoners, you will always bear this in mind, that there was no ground of suspicion against that man, till his Majesty's ministers thought it their duty to offer a reward for his apprehension.

Gentlemen, this is the evidence upon the instrumentary part of the case, if I may so express myself; and, I think, you will agree with me, with respect to the fabrication of the instrument, there is but one witness who speaks positively to it; that, that one witness speaks only to a small part of it, and that, that one witness does not speak, in the smallest degree, to the purpose of it, nor does any of the other instrumentary witnesses; for with regard to the fabrication of the arrow, which forms a most essential ingredient in this case; because without it, the means are inadequate to the end; I say, that that rests entirely upon that part of the evidence to which I am now about to come, namely, the confessional evidence; and when I come to treat upon the confessional evidence, I shall have to impress it strongly upon your mind, because I am strongly impressed with it myself, that evidence of declaration, particularly such as that in question, founded upon the testimony of a single witness, to that which may be deemed an overt act, the use of a piece of wood, to which no intention is given by the person who framed it; I say, that upon such evidence, it is impossible for you to lay your hands upon your hearts in judgment upon the life of that unfortunate person, and say, that is clear, distinct, and manifest evidence, which, according to my Lord Coke and my Lord Bacon, amounts to an open act of treason proveably; for you are not here, as Lord Coke says, to deal in probabilities; you are not to deal in conjectures, but you are to lay up this in your minds - do or do not these facts prove provably, manifestly, and incontestibly the guilt of the prisoner at the bar?

Gentlemen, I come now to what I call the confessional evidence, or evidence of the declarations of the prisoner, to which part of the case there were four witnesses, Le Breton, Dennis, Winter, and Penny. Gentlemen, permit me to observe, that evidence of declaration is of a very singular sort; I am sure I do not say any thing in which I shall be contradicted by any authority in this Court, when I say that it is to be taken with great consideration before it is admitted to prove a fact; and, I think, you will very easily apprehend me, when I state to you, that legal demonstration consists in this, that if a witness speaks true, the fact must be true; and, therefore, all evidence to the fact of high treason, such as a person being out in rebellion against the state, is proved legally to demonstration; but when evidence is given of a confession, observe what the nature of it is - the person who gives his testimony may speak truly, and yet the fact not be true; because the fact does not depend upon the witness, but upon another person who has stated it to the witness; therefore, it requires great deliberation in receiving all evidence with regard to confession; but the thing goes much further than that, it is not founded in any abstract question of law, but in the very nature of things. Gentlemen, the nature of confessional evidence is this, that not only the person making the confession must be clear from all motives either of hope or of fear, that his mind must be a mind so tinctured and so prepared, that you shall believe accurately what he professes to be true, and that he is not led by hope on the one hand, or fear on the other, to state a circumstance in his own favour; and I state that for this reason, because in all evidence of confession, and in all evidence of declaration, if you will observe,

the nature of it is of that sort, for which it is next to impossible to prefer an indictment for perjury. How is it that witnesses are secured to speak the truth? what does the law say upon the subject by its regulations? for that is the mode of considering the question; it says, they come here under the terror of a penal prosecution if they do not speak the truth; a person who comes to speak to a confession, comes to speak to that which cannot be negatived, because all that a person can say is, that he did not hear him say it; therefore, the first person who speaks to a declaration, speaks without risk; apply that to the present case, and see how strong it is; look at the nature of the present question that you have to try; it is a question of intention, the instrument may, perhaps, be innocent in itself, perhaps, intended for experiment, and, perhaps, not. Now, Gentlemen, I beg you will observe upon what the purpose of it rests, it rests merely upon confession; what is the indictment? the indictment is an indictment for high treason, where the intention of the party is to be taken for the fact, and you will see that, in that case, where the intention is to be established, and where the intention does not arise out of the fact, but is to arise out of declarations; it is almost impossible to indict for perjury, I might say absolutely. How then do I stand? I stand, in a case of this sort, that the prisoner is indicted for high treason; that the treason consists in forming a machine for a particular purpose; that one witness only speaks to a part of that machine being formed, and that the only colour given to it is the declaration of the prisoner. Then here is a fact made up, first of the intention to which it was to be used; and next, of the evidence by which that intention is to be proved, which is a declaration, and these two facts so proved, are proved by a witness who cannot be indicted for perjury.

Gentlemen, that is the situation in which these witnesses appear. - Now, Gentlemen, there is another thing, and that is founded in the plain principles of human nature; we all know how very liable man is to exaggerate a story; we all know how difficult it is for a story to be told twice exactly in the same words. Declaration, or confession, is a mere story told; and if the declaration relates to a particular fact, perhaps, the person may be able to bear it in his memory; but even there it is very difficult to contradict it by negative evidence. If confession is applied to a common and ordinary thing in which the mind of man is not much interested, in which those ideas of exaggeration, and those natural feelings of the mind are not naturally involved, there may be a correct recital; but consider how different is this case, here is the recital of a confession relating to high treason, that is a thing that greatly captivates the mind; here is a thing relating to the life of the best person in his dominions upon whose existence the safety of society depends. Gentlemen, do not these things all tend to excite exaggeration; and, Gentlemen, you will take it that the prisoner at the bar was at that time in a state of captivity, and he might flatter himself with a hope, by such declarations, of relieving himself from that captivity. Gentlemen, I do feel this so deeply impressed upon my own mind, I feel it so essential a part of your duty well to consider it, that I am anxious to carry it beyond the authority of the advocate for the prisoner at the bar, and am desirous to follow the example of my learned friend, and to cite authors to shew that confession is a species of testimony, which, according to the best lawyers that ever dispensed justice in this country, is to be received with very great doubt indeed. The first that I shall cite to you is, Mr. Justice Blackstone, who, in his fourth volume, in which he professedly treats of crimes, says, with regard to confession - "But hasty unguarded confessions, made to persons having no authority, ought not to be admitted as evidence under this statute." He is here speaking of the statute in question; and I do not apply it now to you with regard to the question of admissibility, or inadmissibility, the evidence is undoubtedly admitted under the first of all authority, and, therefore, I apply it to you how with regard to credit."And, indeed, even in cases of felony at the common law, they are the weakest and most suspicious of all testimony, ever liable to be obtained by artifice, false hopes, promises of favour, or menaces, seldom remembered accurately, or reported with due precision, and incapable in their nature of being disproved by other negative evidence."

Gentlemen, it has also lately been laid down, in the very place in which I am speaking, from very high authority, and is stated in Mr. Leach's addition of Hawkins's Pleas of the Crown, second volume, page 604; and this was stated in 1786."The human mind, under the pressure of calamity is easily seduced, and is liable, in the alarm of danger, to acknowledge, indiscriminately, a falsehood or a truth, as different agitations may prevail. Confession, therefore, whether made upon an official examination, or in discourse with private persons, which is obtained by a defendant, either by the flattery of hope, or by the impressions of fear, however slightly the emotions may be implanted is not admissible evidence."

Gentlemen, I come last of all to the author, relied upon by my learned friend the Attorney-General, I mean, Mr. Justice Foster; Mr. Justice Foster says, "Words are transient and fleeting as the wind; the poison they scatter is, at the worst, confined to the narrow circle of a few hearers; they are frequently the effect of a sudden transport, easily misunderstood and often misreported." And, Gentlemen, in another part of this excellent work, he lays down the principle correctly and accurately, and he lays it down, confirming, in a very few words, that which I am afraid I have been very seebly able to illustrate and enforce upon your minds. Gentlemen, in the case of Willis it occurred to consider whether a confession is evidence proper to be left to a Jury or not, under particular circumstances, which I may have occasion by and by to state; Mr. Justice Foster says, after discussing that case, which it is unnecessary for me to trouble you with at present."The reader fees that opinions have been various, touching the sufficiency of this sort of evidence," that is, the admissibility of confessions: "But, perhaps, it may be now too late to controvert the authority of the opinion in 1716, warranted, as it hath been by later precedents; all I insist on is, that the rule shall never be carried farther than that case warranteth, never farther than to a confession made during the solemnity of an examination before a Magistrate, or person having authority to take it, when the party may be presumed to be properly upon his guard, and apprized of the danger

he standeth in, which was an ingredient in the case of Francia and of Gregg, cited in the argument on Francia's case, and in all those already cited which came in judgment before the statute of King William." He then goes on to give the reason, and he gives it in his simple and eloquent manner."For partly confessions made to persons having no authority to examine, are the weakest and most suspicions of all evidence. Proof may be too easily procured, words are often misreported, whether through ignorance, inattention, or malice." I beg, Gentlemen, you will mark the words, "it mattereth not to the defendant, he is equally affected in either case, and they are extremely liable to misconstruction, and withal, this evidence is not in the ordinary course of things, to be disproved by that sort of negative evidence, by which the proof of plain facts may be, and often is confronted." Why then, Gentlemen, I have the authority of these authors expressed in the most solemn and emphatic language, in order to enforce upon your minds the doctrine I have taken the liberty of laying down. Gentlemen, you see, from Mr. Justice Foster, that there was a time, when there was a question, with regard to the admissibility of such testimony, and you see his opinion upon that admissibility. And when I state this, I know I state that in which the learned Judges will bear me out, that whenever there is a question of admissibility or inadmissibility, of competency or incompetency, it involves necessarily a question of credit; if the question of admissibility is got over, the question of credit goes to the Jury undoubtedly, but it goes to the Jury clogged with every observation that could be made to the Judge to prevent him from admitting that evidence; and therefore I am now addressing you upon principles deliberated upon by wife authority, sitting down in their closers in the most serious moments, in the contemplation of a case precisely similar to the present. Gentlemen, I say, therefore, that I am in my proper place, when I am so addressing myself; and therefore, in the language of my Lord Chief Justice Hale, who lays down the same doctrine, but whom I don't trouble you with citing upon the present occasion, speaking of the blessings of this constitution, he says, Juries are not only triers of the cause, but of the credit of the witnesses, it is a necessary consequence of your situation; nay, you are not only triers of the credit of the witnesses, but of the credit of the facts, and therefore I come round to the principle with which I set out, that this fact of intention is not provably proved; because legal demonstration is, if the witness speaks true, the fact must be true, but in the case of confessional evidence the witness may speak truth, and yet the fact be literally false, because it depends upon two things, the mind that conveys and the mind that receives, and it is unrepellable by negative evidence.

Gentlemen, I must beg leave to enforce this upon your minds, because I am perfectly confident, that honest, just, and humane men as you are, will not touch a hair of that man's head, unless you are perfectly convinced, that the facts upon which the intention depends, must be such facts as are true. Now, how does Mr. Justice Foster treat this case? He says, that evidence of confession is corroborative evidence; what does he mean by that? That is auxiliary evidence: - Auxiliary evidence to assist what? To assist the overt-acts previously established, Why then does not Mr. Justice Foster, when he uses the word corroborative evidence, in 1756, mean the very same thing that Lord Coke meant, when he said, two centuries before that, it must be proved provably. Consequently, I have the whole history of the law in my favour, I have the statute in my favour, I have the doctrines of criminal jurisprudence as laid down in a Court of Justice, by that great and enlightened man, Lord Bacon, acting as prosecutor for the Crown; I have then, as laid down by Mr. Justice Blackstone, whose works are so popular, that no doubt yourselves have read them, and I have the authority of Mr. Justice Foster; all these different testimonies concurring with the doctrine, I have taken the liberty of laying down, and which I am sure, when I have observed, upon the evidence, you will lay home to your hearts and your bosoms, and ask yourselves whether it is possible to convict the prisoner of the crime charged in the indictment.

Gentlemen, what is the nature of this confessional evidence of Le Breton, Dennis, Winter and Penny? Le Breton says, he heard him say, that he was one of those who invented the gun to shoot at his Majesty. Now, Gentlemen, Dennis says, that he said the King was to be assassinated by a dart blown through a tube, and he knew how it was constructed. Winter says, that he told him he had shot at his Majesty, and it damned unluckily missed him. Now, Gentlemen, Penny says, that he had said he was one of the ringleaders of those who attempted to blow a dart at his Majesty in Covent-Garden. Now observe what is the fact upon which the indictment and my learned friend relies; it is for a conspiracy in 1794; that that conspiracy was discovered by Upton; that, in consequence of that, three of the conspirators were arrested; Upton was not arrested, because he was the spy and discoverer; that Crossfield was not advertized till February after; that, in the mean time, this plot, if it had any existence, was totally at an end. The positive, direct evidence, upon which my learned friend must rest his right to call upon you for a verdict, is this; that here was a plot, in which the prisoner had a share, which plot was completely destroyed, annihilated, put an end to by the arrestment of the three principal conspirators in the month of September; and what is this man doing in the harbour of Brest, in a prison ship, in a situation where, perhaps, such conversation might avail him with the French, or he might think so: to these people he gives four contradictory accounts, they give four contradictory testimonies, and if you observe, some of them suppose this thing actually done, and some suppose it done in one way, and some in another; now the fact, upon which the cause rests, is this, that the thing was intended to be done, but never carried into execution; well, then, does not that shew you, that the very testimony in this case is of so fragile a nature, and of so brittle and untangible a nature, that it is impossible it can make an impression upon upright minds or minds of integrity and discernment. Does it not tend to shew the infinite risk of admitting such evidence; that a person, old like winter, believing the most ridiculous stories, treated as he stated himself to be treated, like a person scoffed and jested at, rather than any thing else; that such a person as Dennis, who seemed to have an enmity to the prisoner, from his declarations at the Privy Council,

that these persons should be persons upon whom it is possible to say that proof is established, so as to convince your minds, that in a case of this sort, that instrument, of which you have only a proof by one witness, Hill, the existence of which is not proved at all, except the model, which received no application at all, that witnesses of this sort shall be supported by the confession of the prisoner, under such circumstances as are absolutely contrary to the fact, so adverse to the fact upon which the Attorney General must rest his cause, that you should by possibility find the prisoner guilty: but it does not rest here; you have the evidence of Le Breton, Dennis, and Penny, and you will recollect their testimony with respect to the situation of the ships, with respect to the variety of persons who, if these things were spoken, must have heard them; you will recollect, above all, Dennis's testimony, with regard to captain Clark, and with what unwilingness Le Breton admitted he had had any conversation with captain Clark at Mrs. Smith's; you will recollect Le Breton's testimony under these particular circumstances; then, in what situation do I stand, that here are persons whom I have already characterised, who have come into Court as the only four witnesses to speak to this confession, when these very witnesses state that there must have been three times four witnesses, persons who knew the prisoner, lived in intimacy with him, came over in the same cartel ship, who messed at the same table with him, all of whom might have been brought here to prove this case.

Gentlemen, it was in the power of the Crown so to do, it they got information of the names of the witnesses, it would certainly have been the wisdom of my learned friend to have brought them here; how it happens that captain Clark is not brought here, I cannot conceive, but I will prove most distinctly, the conversation supposed to have passed between Le Briton and captain Clark. Gentlemen, I am capable, by mere accident, because it is not in the power of this poor man to afford to keep the witnesses here; but it does happen, that I can produce two of these witnesses, Now, Gentlemen, mark the situation in which I produce these witnesses, and mark the argument with respect to this confessional testimony that is to be derived from it. In the first place, I will prove to you, from these witnesses, that the prisoner expressed cheariulness at leaving France; in the next place, that he might very easily have staid behind it h it; in the next place, I tender these witnesses to the cross-examination of my learned friends; I know their powers and their abilities, I know the sense they have of their duty. and I am ready to risk the confirmation of their case by these witnesses, if it is possible to confirm it; I say, if persons of respectability are brought, and will say they heard no such declarations, does it not amount to a negative proof, were they not the persons most likely to have retained any confessions with fidelity, if there had been any, and would it not have been better to have rested the testimony upon such men, than upon the men I have described.

Gentlemen, I find it necessary to recall my recollection now and then, that I may omit no part of my duty to my client; it does not seem to me, in going over the evidence, that I have omitted any of the heads to which they have been called; it is a great satisfaction, that my learned friend, who sits by me, will have to address you, and will amply make up for my deficiencies, and it is a still greater satisfaction that the learned Judges who are to preside, and whose understandings and opinions upon evidence are as enlightened as ever existed in any times, will correct me if I am wrong.

Gentlemen, I come now to a part of the case, which it is impossible to pass over, and when I state that, I don't state it from any fear of encountering it, but from a conviction, that if there is any impression upon that part of the subject, I am able to relieve your minds from it.

Gentlemen, I come now to the conduct and demeanour of the prisoner, from which my learned friend wishes to draw a proof of his guilt, that is, immediately after his apprehension, that he was acting in such a manner, as to lead you necessarily to conclude, that he must be guilty. Gentlemen, in the first place, I am sure it is a conclusion you will not rashly jump to upon such evidence alone, even if no answer was to be given to it; because, you know perfectly well, who know the nature of man, that though a man may not be guilty, he may wish to keep out of a situation of peril that is perfectly natural, and, therefore, it is too much to say, that a bad motive is always to be imputed, when in point of fact a lesser motive can be imputed; you ought rather to impute the motive that leads to mercy, than that which leads to an imputation of guilt. But, Gentlemen, consider what the nature of this gentleman's demeanour was - he remained some days in London, after he knew of the discovery of this supposed plot, he then went to Bristol; now the testimony which you have with regard to his being at Bristol, is of this nature, he assumed no feigned name, he retired into no private place, he made no attempt to leave the country, and yet Bristol is a sea-port town, and a sea-port-town, from which he could have got a communication, that would infinitely have suited his purpose better than that which he afterwards adopted; for, from Bristol, ships go to every part of the world, and he might have gone without coming to London; the South-sea ships go out and return to this country, without landing any where, but he never attempts to leave the island; from Bristol he goes into places of public resort, and does not change his name. Now, what is the situation of Bristol, and compare the situation of Bristol with that of London; I need not state to you, that a man at Bristol is more easily discovered than in London, it is a smaller place, and undoubtedly has a great intercourse with the capitol; then he afterwards returns to London, and, you observe, it is the month of January before he embarks; he goes on board at Portsmouth, and according to Le Breton, comes on shore twice, goes about with him in the public streets at Portsmouth, where his Majesty's officers are, where every body is upon the watch, and where besides all, to the credit of the Magistrate of that town, there is the best regulated police in this country, and it is a great happiness that it is so, considering the number of sailors in that town, you are desired to believe that they come on shore, go to buy things in Portsmouth; he is eagerly sought after to be seized by government, and that yet this person, in this town of well regulated police, does not conceive himself in the smallest danger. Well then, they put into Falmouth, but Le Breton, who is a very

unwilling witness I must say, says, they put into Falmouth but once; I could have proved, if I had had Capt. Clark here, that he lived very much on shore with him; then mark the situation of Falmouth, the most westerly port in this kingdom; the place from which all the public packets go; a small place, a place with one street, a place where no person can conceal himself, a place of resort of all his Majesty's messengers, the very persons sent to apprehend such persons; the place where it was more likely to be taken than any other situation. I have evidence that he did go on shore once, I hope to have the evidence that he did go on shore more frequently; but this I can say, upon the evidence, that at this time he never changed his name, and was advanced now to the 13th of February, and yet all this time it is supposed there was an eagerness on the part of government to seize his person. Then they are captured, and I come now, Gentlemen, to a most important fact indeed, you have had his evidence of confession, you have had evidence likewise from these witnesses, stating that he expressed great joy at getting to France; you have likewise evidence, stating that he had taken some part in the minute arrangements for the French, in short you have this as evidence of declaration.

Gentlemen, mark what you have upon the other hand; you have the evidence of a fact, in which he risked his life, in a double way, where he might have been killed in the attempt, or where he must have gone to inevitable execution, if he had not been killed in the attempt; the attempt, with others, to rescue the ship, to rescue that ship, to rescue the French ship that captured them, to seize the captain and the crew for the purpose of escaping; escaping from whence? escaping from France: at what risk? at the risk of his life; and he is already upon the evidence proved to be one of those who joined in that attempt. Gentlemen, I am not talking of the morality of the attempt; I am not talking of the abstract principle which ought to guide men in that situation; but I am sure my Lord will think, that whatever casuists may say upon a subject of that kind, that I am using a fair argument for my client, because I am establishing a fact against all his declarations - What is the nature of declarations? that they may lie: What is the situation of the witness? that he cannot be convicted of perjury; what was always said by that great luminary of the law, Lord Mansfield, for the long time he presided over the criminal justice of this country; look at the facts and circumstances - see the evidentia res - see how the thing lies - no cross-examination can shake it, no circumstance can very it, it is a thing that carries conviction to the mind irresragably if it is proved. Then I have proved from the mouth of the unwilling witness, Le Breton, and from the mouths of the other witnesses who come here to prove the confession; who prove the joy of this man in going to France; that this very man, at the risk of his life, endeavoured to seize the ship and the captain, and that with a view of avoiding French bondage - of avoiding that joy which they suppose him to have expressed upon that occasion, at risks, which I am sure, if he were the man they attempt to describe him, never could have been impressed with such feelings; for, would a base man, supposed to have aimed at the life of his sovereign, a man supposed to have acted upon opinions destructive of this blessed constitution, which I hope will last for ever: Would a person, in that situation, have attempted to rescue himself? surely not he would have entered into a conspiracy to prevent it; no, he entered into that design at the risk of his life; he did it to release himself from French bondage. Gentlemen, he did more, the fact proves this, it proves that he was so incapable of the crime imputed to him, that he was not capable of disclosing that design to the French, who then most undoubtedly would have received him with joy in France, who would have said, you are our deliverer; and all that is proved of him is, that he stood at the poop with the commodore. Gentlemen, recollect this fact, recollect the importance of the fact, recollect the fact in all its bearings, and then tell me, when you add to this, the learned observations that you have heard read to you, upon the nature of confessional and declaratory evidence, whether it does not amount to irresragable evidence, that the prisoner, whatever the levity of his life may be, whatever he may be as to the debaucheries of wine or opium, or women, or any thing else; I am not standing here to defend the prisoner, as a pure, moral unspotted man, but to state reasons, and, I think, decisive reasons, to shew that he is not guilty of the crime of high-treason, with which he is charged, and I am sure, under these circumstances, it will be difficult for you to believe he could; at the same time, enter into the design against the French captain, and to harbour the design against the government of his country.

Gentlemen, I feel that I have exhausted almost every part of this case; but, Gentlemen, there are two circumstances remaining, which, I think, I can account for in such a manner, as even, if any impressions remain upon your minds with respect to the prisoner, they will be wiped away; the first is, his conduct with respect to his name in France; and the next, his conduct upon his landing in England. His conduct with respect to his name in France, seems of an extraordinary nature, if there is any thing in it at all; it appears that he was acquainted with all the other witnesses; that when he made these declarations, he is supposed to forward a design, and in order to impute this treason to him, for that is the thing you are to try, in order to impute to him this treason, they tell you that he changed his name. Now, if I have destroyed the colour intended to be given to the fabrication of this instrument, that circumstance alone will have but little effect; in the first place, he was a man in very difficult circumstances with respect to his pecuniary affairs; in the next place, when you consider him according to the common principles of action, he was known to them all by the name of Crossfield in the prison ships; now, Gentlemen, he being known by that name, mark what he does, he changes his name to another; to do what? to come to England; with whom? with the very persons with whom he had lived every day; now, it does not appear that when he landed he attempted to conceal his name at all; none of the witnesses say he called himself Wilson, but, on the contrary, he answered to the name of Crossfield. Now, is it not a most extraordinary thing that a person, in order to conceal an imputed treason which he was to commit, or an imputed treason which he had not committed, that he

should change his name for this purpose, to the manifest knowledge of all the persons in the ship, who were capable of discovering him upon the moment of his landing.

Gentlemen, the other circumstance is, his conduct upon his landing; you have heard of his general conduct, of his general intoxication, they say he was a little intoxicated; now they were not accustomed to him, and it is difficult to say whether a person is much or little intoxicated whom we are not acquainted with. Now, Gentlemen, intoxication is no defence against a crime, but it is a clear defence against that sort of conduct which is to raise an inference of a crime; because, although drunkenness will not release a person from the guilt of an actual crime committed, yet, undoubtedly, when only an inference is to be drawn, it will. Now mark what he does after this colloquiam with them, he falls fast asleep, and he sleeps all the rest of the way, for more than half the way. Now is it not a most extraordinary thing, that if he was not inebriated, or if he was not a person who had very little apprehention of the crime for which he was taken up, that he should so soon fall asleep. I call upon you again to examine this, upon the principles of human nature, and to say-Whether his conduct was not the consequence of inebriety; and that the sleep also was the effect of that inebriety?

Gentlemen, I have now, I think, gone through every thing with relation to the evidence that has been given; 2nd it is now my purpose, very briefly, to address you upon the nature of the evidence, that I shall lay before you. Gentlemen, I shall do this very briefly, for two reasons; first of all, because I have consumed a great deal of your time; and in the next place, because my learned friend, who comes after me, I know will do it with great ability, and with great advantage to his client. But, Gentlemen, there is a part of it which I am under the necessity of sating to you very particularly; because it relates to one of the main and singular features of this cause. Gentlemen, you have heard again and again from me; you have heard from the record; you have heard from Mr. Attorney General, the name of Upton; you have heard that name from all the witnesses except the witnesses to declaration. Gentlemen, you have heard that name likewise from Mrs. Upton, the widow, as she stored herself, of Mr. Upton. Gentlemen, I hardly know how to state to you the extraordinary circumstance I am about to mention; there was no part in this case, I do assure you sincerely, that gave me more anxiety than the report that this person was drowned, or was no more I know that if that person had been brought here, that his demeanour alone, and those circumstances which could have been proved respecting him, would have completely satisfied your minds upon this cause; and that all those observations I have had the honour of addressing to you, would have had double force from his demeanour and his character.

Gentlemen, the evidence of Mrs. Upton is, that his hat, the only part of his apparel, has been found; that he left a seal with her the morning he went away; I could not understand what my learned friend Mr. Garrow meant by that, is it was not this, that it was a token of love and friendship, that he was to leave with the wife he was to see no more, when he was going to take away his own tie; I can put no other construction upon it. Mrs. Upton did not say, that his body had been interred, she did not say, that his body had been found, and yet it is a rare thing that nothing should be found about the body, and more rare in this country than any other, because we all know there is a legal proceeding upon all events of that kind. Mr. Upton has not appeared since that day, whether he will appear again in this world or no, I cannot pretend to say; but I am perfectly sure of this, that I shall be able to say before you testimony that will at least amount to as strong testimony, that he is now living, as that of Mrs. Upton, that he is dead.

(Here the Attorney-General interrupted Mr. Adam, by an observation which was not distinctly heard).

Gentlemen, I have received the intimation of my learned friend, as I receive every intimation from his, I am sure, with great respect, and I have considered as far as the moment will give me an opportunity of considering what course I shall steer; and, Gentlemen, I have no hesitation in saying to my learned friend, that whatever the wisdom of the Court my hereafter determine, with respect to the testimony my learned friend wishes to propose upon this subject, that I think it is so essential to this case in one point of view, not at all essential in another, which I will state by and by, that the evidence, with respect to Upton's doubtful situation, should be said before you, that I think it my duty to lay it before you; when I say, in one respect, and not in another, I will state to my learned friend how I don't think it essential in one respect; it is not from the least idea, that every diligent search, that every active enquiry, that every industry that talents can direct, and that integrity and diligence can pursue, has not been used in order to obtain this man to bring him into a Court of Justice; because, I know perfectly well, that my learned friend is not a person who states that for the fact, which he does not mean in reality; I know he is not that person, and, therefore, when I speak of the doubtful state of Upton, I say it without a view to the most distant suggestion of that kind; but I think it essential for this reason, that if I can fasten upon your understandings a belief that this man is not dead, but has gone out of the way; if I can raise a presumption in your minds that this seal was delivered as a trick and as a plan, and that that man, who had committed every other crime almost, had contemplated, or at least wished others to contemplate, that he wished to end his life by suicide; if i establish this, I establish the foundation of this plot to result from a mind fraught with such infamy, loaded with such opprobrium, that I heardly know how to find words to express it; and therefore, as it has its origin in this man, as it intrinsically has its origin in him, as it declaredly has its origin in him, I think, judging as I now do, under the friendly warning of the Attorney General; judging, as I now do, for the interests of my client, I think it essentially necessary to lay this evidence before you; I have already observed upon the effect of that evidence, and therefore will not take up one word more upon it; when that evidence is given, it will be for my learned friend to direct your attention to it, and if the case should take that turn, which it may from what the Attorney General says, I may have an opportunity of stating a few words to you upon the whole of the evidence respecting Upton. Gen

tlemen, I have almost sufficiently pointed out the other evidence that I have to lay before you, in the course of what I have said; I shall produce witnesses from France, I shall produce witnesses to Upton's character, I shall produce witnesses to the circumstances of the disputes, of the rancour of the animosity, and of the challenge between him and the other prisoners, and, Gentlemen. there my case will rest.

Gentlemen, I have now little more to add; I have, in the first place, however, to return to you my most sincere, and I do assure you my most grateful thanks, for the profound attention which you have been pleased to pay to me during a very long address, upon a very important subject, in a question in which I find great anxiety and great uneasiness, and which I hope I have discharged tolerably well for my client; I am sure of this, that nothing could be more sincere or more earnest than the anxiety I felt to discharge that duty. Gentlemen, I cannot fail to have perceived, from the nature of the evidence, that prejudices may have arisen in your minds, or in the minds of those who heard that evidence, with regard to the prisoner at the bar, as the evidence certainly went to a variety of things which tended to show the general disposition and tendency of his mind, but not the particular application of that mind to this particular subject. Gentlemen, I am sure you will lay aside all prejudices, except such as the evidence necessarily imposes upon you.

Gentlemen, the unfortunate prisoner at the bar most undoubtedly stands now before you, after you have heard the evidence which I have stated, to have his deliverance, or to have a verdict of guilty. Gentlemen, upon such an occasion as that, all topics are useless, and they are all trite, and therefore I shall most undoubtedly not detain you with any topics upon that important part of your duty; the whole frame of my address has been, I hope, calculated to impress it, soberly, seriously, and, I trust, without any impropriety, anxious as I am to discharge my duty to my client, upon your minds; I wish you ever to think upon what the principal part of this case depends, and to recollect no colour whatever is given to the treason in question, but from the evidence in question; I will not weary you with a repetition of the arguments, or even with a summary of the arguments upon that part of the subject. But, Gentlemen, as I set out with quoting some authorities from times when men spoke with great fear, and thought with great correctness, I hope I shall not deviate from the line of an advocate, or any thing un usual in a Court of Justice, if I Rate, in words much more emphatic than any that I can invent, the particular duty that you have to discharge upon that particular branch of this cause.

Gentlemen, my Lord Strafford, when he was tried for a crime at the bar of the House of Lords, said, with respect to a question of this sort -

"it is now ages since any man was touched to such an heighth on such evidence; we have lived happily for ourselves at home, we have lived gloriously abroad to the world, let us not awaken those sleeping lions to our destruction, those sad precedents of judicial disgrace which have lain so many ages by the wall forgotten and neglected." Gentlemen, let me apply these words to the present case; let me entreat you not slightly, upon such evidence, to awaken those sleeping lions; what is evidence to one man may be evidence to all; the case of every individual prisoner that comes before a Jury is the case of the whole community; because, the whole community are interested in the distribution of Justice, and in the principles upon which Juries decide.

Gentlemen, this, in that view, like every other case, is a most important one; and I entreat you to consider it; and, without adding one world more, I now, after this address, return you my most sincere and hearty thanks for the honour of the attention you have bestowed upon me.

Evidence for the Prisoner.

JAMES PARKINSON sworn.

Examined by Mr. Gurney. I am a surgeon and apothecary, in Hoxton-square.

Q. Were you, in August and September 1794, a member of the London Corresponding Society? - A. Yes.

Q. At that time, did you frequently attend its meetings? - A. Of the committee of correspondence, not of the general committee.

Q. Was a person of the name of Upton, a member of that committee? - A. No.

Q. Was Le Maitre? - A. No; Higgins and Smith were; there was an enquiry, instituted by Higgins and Smith, at the request of the committee of correspondence, into the character of Upton; I was one who was very solicitous for that enquiry; it was stated by Smith, or by Hodgson, that he had heard it reported that Upton had set his own house on fire, in Cold-bath-fields.

Q. Was that enquiry pursued to any considerable length? - A. They were desired, at one meeting of the society, to make the enquiry.

Lord Chief Justice byre. You don't mean, I hope, to detain the Court with a detail of the proceedings of such a committee; I beg, for the honour of this Court, that we may not have their proceedings detailed.

Mr. Gurney. Q. In point of fact, were there any disputes between Smith, Le Maitre, or Higgins and Upton? - A. I can only speak of a dispute that subsisted between them, by the report of Smith and Higgins.

Q. That is not evidence; did you, upon that occasion, see Upton yourself? - A. Only once, which was for the purpose of delivering to him, or carrying a letter to be delivered to him, to expel him the society.

Q. Were you present at any meeting at which Upton was present, with Smith, Higgins and Le Maitre? - A. At one.

Q. At that meeting did any thing pass either peaceable or hostile to each other? - A. Nothing particular that I recollect.

Cross-examined by Mr. Attorney General. Q. Are

you the same Mr. Parkinson that was examined some little time ago? - A. The same.

Q. The same person that produced, upon your last examination, a paper, entitled the Guillotine, or George's Head in a Basket? - A. I don't know that it was produced in Court, it was not produced in Court by me.

Q. You are the same person that produced that paper at the Privy Council? - A. I delivered no such paper to the Privy Council.

Q. You had, in your possession a paper, entitled the Guillotine, or, George's Head in a Basket, which you got from the society? - A. I have it now.

Q. Do you know a person of the name of Pearce, a member of the society? - A. Yes.

Q. You have forgot that Le Maitre, Higgins, Smith and Upton, met at Pearce's, and were reconciled over a bottle of wine? - A. I heard that they were reconciled, and I hear now, from the learned Counsel, where they met, and from no one else.

Q. You know that they were reconciled? - A. I heard so.

Lord Chief Justice Eyre. Q. Who were reconciled? - A. Le Maitre and Upton.

Mr. Attorney General. Q. Do you know Hill, the turner? - A. Yes.

Q. You had a considerable situation, I understand, in the society you belonged to, what was called the committee of correspondence? - A. I belonged to the committee of correspondence.

Q. It was sometimes called the secret committee? - A. It was once called so, in my hearing, by Upton, for which he was much reprobated.

Q. Hill was a member of the Society, was not he? - A. He was.

Q. Do you recollect going to him, after some of these people had been apprehended? - A. I went to Hill for the purpose of gaining all the information I could, respecting this business; I went to other places for the same purpose, that I might give the Privy Council all the information I could.

Q. You never heard of any quarrel that Upton had with Crossfield, did you? - A. Never.

Q. Did you hear from Hill, any thing about any models that any body had given him? - A. It was in consequence of Hill having mentioned his uneasiness of mind, respecting something which he had turned, that I called upon him; it was not till then, that I conceived there could be any thing in the plot.

Q. Did he name to you, or any body in your hearing, who the persons were, that came to bespeak the models.

Mr. Gurney objected to the question.

Mr. Attorney General. I will not pursue it. -

Q. Do you know Crossfield's hand-writing? - A. No, I do not.

Mr. Gurney. Q. You have been asked as to some paper said to be got in the society; did you get that paper in the society? - A. I did not.

JOHN BONE sworn.

Examined by Mr. Gurney. I am a muslin-clearer, No. 8, Weston-street, Southwark.

Q. Were you, in August and September 1794. a member of the London Corresponding Society? - A. I was a member of the general committee.

Q. Of that committee was Upton a member? - A. No, he was not; Le Maitre, Smith, and Higgins were; Crossfield was not.

Q. Do you know any thing of any disputes between Upton, Smith, Higgins, and Le Maitre, or either of them? - A. I do; I cannot be particular as to the time they took place; it was sometime after the commencement of August.

Q. How long did they continue? - A. I did not know that; they were healed, because they originated in Upton's had character; and they had a bad opinion of him in consequence of that character, which I never knew was wiped off.

Q. Do you recollect the day when Smith, Higgins, and Le Maitre were taken up? - A. The 27th of September, I believe, or therabouts.

Mr. Attorney-General. I shall certainly admit to the Jury, the time when these persons were apprehended; there can be no doubt about it.

Mr. Gurney. Q. Were those imputations respecting Upton's character. pursued by either Smith, Higgins, or Le Maitre. - A. Yes, they were, by Smith and Higgins; I know Le Maitre, but I had not an opportunity of conversing with him, because I only saw him when he was doing his duty in the general committee.

Q. Did you ever see Upton and Le Maitre in the general committee? - A. Yes.

Q. Was there any charge brought by Le Maitre against Upton? - A. I cannot say; there was a dispute between them, which was carried on with very great violence, I believe it was the 4th of September; their quarrel went to a very considerable length, and threw the whole assembly into a very great agitation, in consequence of a letter that had been introduced into the committee, casting a stigma upon the committee, written by Upton; and when he confessed it, Le Maitre was remarkably severe upon him; he called him the man, for he considered him unworthy the name of citizen, and thought he ought to be turned out of the committee; Upton, in consequence of this, broke out in a train of abuse, and used all those epithets which men, in the habit of abuse, generally use.

Q. Do you recollect any of them? - A. I cannot; they were so very violent, that he threatened to be revenged of Le Maitre; and Le Maitre said, if he had any thing to settle with him. he had bet

ter do it at another place than the present, and for that purpose wrote his address. The same evening, in consequence of Upton's very disorderly behaviour in the general committee, a vote of censure was moved by Higgins, and the committee discussed the propriety of it; some were against passing a vote of censure, and others for it; but the generality of the committee being for a vote of censure, he seemed to with to avoid the vote of censure, and went towards the door - Higgins called out, and said, if they were going to pass a vote of censure, they must be quick, for he was hopping off; you wretch, says he, that is a reflection upon my natural infirmity; Higgins said, if he used his own language, he should tell him that he Ked, but it should suffice for the present that he did not mean it. In the general committee, Upton's bad character was first broached, and Smith and Higgins were very active in getting informations for the committee upon that occasion, and Smith expressed himself, that if Upton's name continued in the printed list of the society, his name should not continue in it.

Q. Were you present at any other disputes between Upton and either of these persons? - A. I don't recollect that I was.

Q. Were you present at any meeting subsequent to that, with Le Maitre and Upton, Public or private, when any thing like a reconciliation is supposed to have taken place? - A. Certainly not.

Q. Was this enquiry concluded at the time of Upton's apprehension and their's? - A. The business had come to a conclusion for ought we knew, for we had the night, I believe, before Smith and Le Maitre were apprehended, resolved to publish our lists without the name of Upton being in it, which would finally shew -

Q. No matter what it would shew. Then, in fact, the dispute had not terminated the night before? -

Lord Chief Justice Eyre. He does not say that; he goes to a fact, that they resolved to publish the list without Upton's name.

Mr. Gurney. Q. Do you recollect how lately before they were taken up, any thing had passed between Upton, Smith, Le Maitre, and Higgins? - A. I do not.

Q. In point of fact, the enquiry had not terminated the night before? - A. It had so far terminated that we were satisfied of his character.

JOHN HUNTLEY sworn.

Examined by Mr. Adam. I am a watch-spring maker, in Great Sutton-street, Clerkenwell? - I have had a knowledge of Upton about five years.

Q. Did you see him about the month of September, 1794? - A. I believe that was about the time; I was in company with him at a person's of the name of Brown.

Q. What did that conversation end n? - A. Concanning the prisoner, who had then been taken up; Le Maitre, Higgins, and Smith, I walked backwards and forwards; I looked upon Upton to be a dangerous man, and I persuaded Brown to come away; I heard him discoursing about these people, and he said, it was their own faults, for he should not have troubled his head about it if they had not made a noise about his character; as much as to say, an eye for an eye, and a tooth for a tooth.

WILLIAM BROWN sworn.

Examined by Mr. Adam. Q. Do you know Upton? - A. Yes.

Q. Do you remember having any conversation with him in September 1794? - A. Yes; I was asking him concerning Crossfield, what it was that he was detained for? he told me, he could not tell; he mentioned the place where he was detained in the country, but where I cannot recollect; I asked him further, if he knew what the chief accusation was against him; he said, he did not know.

Q. Had you any conversation with him about Le Maitre, and Higgins? - A. Yes; I asked him if he did not know Higgins and Le Maitre? he said, yes, he knew them; for Smith, Le Maitre, and Higgins, were three damned villains; and they had used him in a most villainous manner, and they were still continuing to hurt his character wherever they went; and they frequently attacked him in the street, by giving him the name of informer, and gathered a great number of people about him; he thought his life was in danger; and if they did not desist, he would take some other means to make them; I told him, he should make an allowance by the ill language he had given against them; he said, I was unacquainted with the former part of the story, seemingly, and he would relate the whole of it to me; he told me, that prior to that, when the State Prisoners were taken up, the London Corresponding Society chose to raise subscriptions to give some little assistance to some of their families; they thought it convenient to open a subscription, and amongst the rest of the houses that the committee appointed to be opened for that purpose, his was one; Higgins, Le Maitre, and Smith, came forward, and accused him as a thief, and incendiary, and injured his character as much as they possibly could; the society refused to give him a fair trial for it, and they still continued to go on in that abusive way, in public company; I told him such accusations could not arise from nothing; and he said he did once keep a house in Coldbath-fields, and that his house was burnt down; and that he was advertised, and a reward for the apprehension of him; and he agreed with a friend of his, if he would give him a note of

hand for part of the reward, he would bring him in so much money, which he did, and his friend delivered him up to justice; and then he appealed to me whether there was ground to accuse him in public of such a thing, if so powerful a body of men as the Phoenix Fire-office had entered into a prosecution against him, and could not bring any thing against him, he ought to be acquitted in the eye of the law; I told him there certainly was room to suspect he was a bad character; and whether he had brought the accusations against Le Maitre, Smith, and Higgins, it had turned out for good at last; for that, after the trials of the State Prisoners, the society had encreased, in three weeks, more than ever it did before.

Mr. Attorney General. I have no objection to your taking him to be a bad man, and his motives to be as bad as you please.

JOHN CLEVERTON sworn.

Examined by Mr. Adam. Q. Were you a prisoner in France? - A. Yes; I was at Brest when the prisoner Crossfield was there; we were on board the same prison ship from the 19th of February till early in May; during that time I was constantly with him.

Q. Were you with him about the time he came away? - A. No; the hospital was removed to another ship.

Q. You remained behind? - A. I was in the ship after he lest her.

Q. During your intercourse with Mr. Crossfield, have you ever heard him make any declarations respecting the King? - A. No, I don't recollect any thing; I have heard him sing Republican songs.

Q. Did you mess with him? - A. Yes.

Q. Who was of your mess? - A. There were captains of vessel's: captain Clarke, of the Pomona, and captain Bligh.

Q. Is he in England now? - A. I believe he is at Exeter.

Q. Who besides? - A. Mr. Dennis, and two other mates of vessels; Mr. Denton, mate of captain Bligh's ship; I believe he is at Exeter; and Mr. Widdiman, mate of the ship I was in.

Q. Mr. Crossfield used to be very jolly, I believe? - A. Yes.

Q. I believe it was a custom there for persons, if they were sick, to quit the prison-ship and be carried on shore to the hospital? - A. Yes.

Q. Did it require any serious illness to carry them to the hospital? - A. No; I had a slight illness and was carried to the hospital; I was there from May till the 19th of June.

Q. Did you come over in the same cartel? - A. Yes.

Q. If you had wished to have remained, could not you have accomplished remaining there? - A. cannot tell.

Q. If you had been indisposed with a flight illness, and carried to the hospital? - A. Several persons were carried to the hospital a few days before I came away.

Q. And, of course, did not come home with the cartel? - A. No.

Q. You knew him perfectly well by the name of Crossfield? - A. Yes; he signed his name to some papers of mine as a witness.

Q. What time was that? - A. The latter end of May; a little before I went to the hospital.

Q. Was he generally known in the mess by the name of Crossfield? - A. We generally called him Doctor; but I knew his name, I saw him sign it.

Q. Was he the only medical man in your mess? - A. Yes.

Q. Consequently you called him the Doctor? - A. Yes.

Q. Were Le Breton and Dennis in the same cartel? - A. Yes.

Q. Did you ever see them and Crossfield together? - A. Not particularly engaged in conversation; there were three hundred of us on board this cartel.

Q. Do you remember to have seen them particularly together in Brest harbour? - A. Not more so than others; they were very intimate with captain Clarke and Mr. Crossfield, the early part of the time.

Q. Do you happen to know how that intimacy ceased? - A. I understood it was from a watch that Mr. Crossfield had of Mr. Clarke's, which he would not give up to him.

Q. Did you ever hear any conversation between Le Breton, Dennis, and Crossfield, respecting the property in the ship, the Pomona, at the time? - A. No; I have heard him say he would not give up this watch.

Q. Did Crossfield mess with you in the cartel as you came over? - A. No.

Q. Where did you land? - A. At Fowey, in Cornwall.

Q. How did Crossfield appear at the time of coming away? - A. He appeared to be very glad that he was coming home.

Q. He did not shew the least unwillingness to return? - A. No.

Q. What is your professional situation in life? - A. I was going out agent to the Canaries, for a house in St. John's-street, and was captured on the 18th of February.

Q. Did Crossfield drink hard? - A. Very hard.

Q. You were not going out as an agent for government? - A. I was going out for wincs for government.

Cross-examined by Mr. Attorney General. Q. He appeared very glad he was going home? - A. Yes.

Q. Perhaps you might be by when he said things were all settled now to his satisfaction? - A. I don't recollect that expression.

Q. Were you by when he was mustered by the name of Wilson? - A. No; I was in the ship, and I heard such a report, but I did not know it myself.

Q. You heard it on board? - A. I heard that he had put his name down in the list, but I never saw it.

Q. You frequently heard him sing republican songs? - A. Yes.

Q. Did that occasion any quarrels among you? - A. No.

Q. Do you recollect a song with a chorus that began "Plant, plant the tree?" - A. Yes.

Q. Be so good as read that (shewing it to him) and tell us if you ever heard the prisoner sing that song? - A. I believe I have heard him sing that song, but I cannot recollect.

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

The song read, of which the following is the first stanza:

See, Britons, see, the rising beam, The eastern skies adorn, Tis freedom's sun begins to gleam, And wakes a glorious morn. Now despotism from France is chac'd, And near illusions vanish'd, Ne'er let them on our isle be plac'd, But far from Britain banish'd.

CHORUS.

Plant, plant the tree, fair freedom's tree, Midst dangers, wounds, and slaughter, Each patriot's breast it's soil shall be, And tyrants blood the water.

Mr. Attorney-General. Was the chorus sung at the end of each of these verses, "Plant, plant the tree?" - A. I cannot say.

Q. You recollect the chorus? - A. I do very well.

Q. Favour me with casting your eye over that song (another)? - A. I never recollect hearing that song.

Mr. Adam. Can you take upon yourself positively to swear those were the words of the song that he sung? - A. No, I cannot; I never heard him sing it above once or twice, and paid but little attention to it.

Q. And many of the verses might have been transposed? - A. I cannot say.

ANTHONY COLLINS sworn.

Examined by Mr. Adam. Q. You were in the prison ships at Brest at the time Crossfield was there? - A. Yes; I commanded one of them.

Q. They were English ships, and they put English prisoners to commanded them? - A. No, they were cartels; they remained there a long time? - A. No, they were cartels; they remained there a long time, and they thought fit to fill them with prisoners of war; I heard of a medical man being on board one of the other ships; he was not then on board my ship; I made application to the commandant for him to come on board, which he did, and I am sure, from his great care and attention, he must have saved fifty or sixty lives; during that time he lived in the cabin with me and several other gentlemen, two of the name of Byron, both brothers, captain Lambton, and captain Taylor.

Q. Do you know if the Byrons are now in England? - A. He is now at Portsmouth.

Q. Was he a captain? - A. He was a passenger only.

Q. Is he a person in the same station of life that you yourself are? - A. Yes; he is a young man.

Q. Do you know where captain Taylor is now? - A. I do not know.

Q. Captain Lambton? - A. I believe he is in Newcastle.

Q. Were there any more? - A. Not at that time.

Q. Did he live in great intimacy with you? - A. Yes, as being a deserving man, and taking care of the poor prisoners.

Q. Independent of his profession, what sort of character is he? - A. I did not know the man before.

Q. Did the grog use to go pretry freely round? - A. I confess, for want of better employment, it did.

Q. Did Crossfield say any thing to you about any plot he was concerned in? - A. During the time I was with him, I solemnly swear not one word was mentioned about plots against his Majesty, or the government.

Q. Do you know an old man of the name of Winter? - A. Yes.

Q. Do you remember any stories he used to tell? - A. Yes, a number.

Q. Do you recollect any particular story about an animal that he caught? - A. A number of foolish stories of that kind; one in particular about catching the devil in the shape of a hare, and such ridiculous nonsense as that.

Q. Did he say he took this hare for the devil? - A. He certainly did, and was very much displeased when we contradicted him.

Q. Do you take upon yourself to swear that he absolutely used to say this hare was the devil? - A. Yes, and believed it too, and another story much of the same kind.

Q. In short, he was a man who dealt in the marvelous? - A. Yes, and was the common laughing stock of the whole ship's crew; from his whole conversation, I really believe he was somewhat

slighty at times; I understood that he had lost a great deal of property, and whether it was from that or his imprisonment, and one thing and another, I really believe he was deranged; the sailors laughed at him; I have known him walk the deck, talking to himself, the whole night; I have got up frequently, and seen him walk, talking to himself; he was a man that slept very little; he was the last in bed and the first up.

Q. Was not Winter, in consequence of this disposition, a person you used to make rather a but of? - A. Yes, for want of better employment.

Q. Had you ever any conversation with Winter upon the subject of Crossfield? - A. Never any private conversation of any sort, for he was a man not of a cast for me to converse with

Cross-examined by Mr. Law. Q. Your intimacy was with Crossfield? - A. All of us, indeed, there were seven or eight.

Q. As being particularly intimate with him, he would probably tell you the reason of his leaving England? - A. No, he never did; he mentioned his circumstances and his pecuniary matters, which were deranged; in short, he had no money.

Q. I hough he was very intimate with you, he never mentioned what he had left England for? - A. No; only that he was taken in a ship going to the South Seas.

Q. As the grog was going round, did you ever hear him first? - A. Yes.

Q. What sort of songs; were they songs favourable to good government? - A. I don't recollect any song against the government.

Q. You never happened to hear him sing, "Plant, plant the tree, fair freedom's tree"? - A. I never heard him sing any thing of the kind; he is quite another kind of man.

Q. Perhaps he sung God save the King? - A. I cannot say.

Q. Rule Britannia? - A. I cannot say whether he sung them or not; we have sung them in company.

Q. You never heard him sing any song of a seditions tendency? - A. No.

Q. Do you happen to know by what name he was mustered, when he came back to England? - A. I was informed he put down a different name.

Q. Did not that strike you as very odd? - A. I took it to be on account of his pecuniary circumstances being bad.

Q. And that his behaviour was that of a good, orderly subject, uniformly throughout? - A. Yes.

Q. And you was with him, dining with him every day, from April to August? - A. Yes.

Q. He was remarkable for the decency of his behaviour? - A. As to political principles, he never said any thing, but reprobating the war as an unjust one.

Q. But, in other respects, he was a man of eminent loyalty? - A. Yes; I likewise have heard him say, that he had offers from the commandant to stay in the country to look after the sick, which he thought proper to refuse, in order to return to his own country again; I have heard him say, that he had offers of that kind several times to superintend the hospitals at Landernean. which he said he thought he would refuse, as he wished to come to his native country.

Q. Did you hear him say that every thing was settled between him and the people of France to his satisfaction? - A. He spoke French and I did not understand him.

Mr. Adam. Q. But he is supposed to have said this in English? - A. I never heard him say, that any thing had been settled to his satisfaction, only the offer of superintending the hospitals.

Mr. Law. Q. But that he rejected? - A. Yes.

Q. You did not hear what terms were settled between them upon his coming away? - A. No.

ELIZABETH SMITH sworn.

Examined by Mr. Adam. Q. I have been a widow eight years; I live at No. 17, Great Hermitage-street, Wapping; I have lived about eight years in that house.

Q. How long did you live in the house you were in before? - A. About seven years, in Red-lion-street, Wapping.

Q. So that for the last fifteen years, you have been a constant resident in Wapping, in two houses? - A. Yes.

Q. Do you know the prisoner at the bar, Mr. Crossfield? - A. yes; I have been acquainted with him these five years.

Q. You have seen a good deal of him during that time? - A. Yes; he has been very often to and from the house.

Q. Have you seen enough of him to know any thing of his disposition and character; is he a man of levity, or seriousness? - A. A man of levity.

Q. Is he a man of severe, harsh temper? - A. No, not at all, quite the reverse.

Q. Do you know captain Clarke of the Pomona? - A. Very well, he lodged with me.

Q. How long have you known captain Clarke? - A. About two years.

Q. Do you know a person of the name of Le Breton? - A. Yes; I have not known much of him; he was before the mast, with captain Clarke, and used to come to the house; captain Clarke had my first floor, and boarded in the house, and his wife.

Q. Do you remember Mr. Le Breton coming to your house at any time, to see captain Clarke, since captain Clarke returned from France? - A. Yes.

Q. About what time was that? - A. I cannot

exactly say; I believe it was about ten days after captain Clarke left my house to go to Yarmouth; after coming from the prison ship, Le Breton called upon me, to tell me that I might expect captain Clarke in the evening.

Q. Were you present when Le Breton repeated some things to captain Clarke? - A. Yes; Le Breton said to captain Clarke, he had heard Crossfield describe this gun, and that captain Clarke was present at the time, and captain Clarke said, he never heard it.

Q. Did any thing pass upon that subject between them? - A. Yes; Le Breton said, several times, he hoped they would hang him

Q. In what name did Crossfield lodge at your house? - A. In the name of Crossfield, never any other; he has lodged at my house three different times, about three years ago; and the last time he lodged at my house was, about a month before Christmas; he dined on Christmas-day 1794, with captain Clarke, at my house, but captain Clarke did not go till February.

Q. Where was he all that time? - A. At our house.

Q. By the name of Crossfield? - A. Yes.

Q. He was universally known at your house by that name? - A. Yes; captain White lodged with me at the same time.

Q. Did he use to go about with captain White and other gentlemen? - A. Yes; he used to go out to Change, and other places, with the other gentlemen.

Q. Without any appearance of concealment? - A. There never was any concealment.

Q. Were you present when any thing passed between him and captain Clarke, respecting his going to the South-seas? - A. Doctor Crossfield came in one day, and a gentleman came in and asked him if he could recommend him to a surgeon, and he said, he did not know, but he would go with him.

Q. What is his character and disposition? - A. I am sure, a very good-natured man, that would hurt nobody.

Q. Did Le Breton say any thing further about captain Clarke having heard this matter that passed respecting the plot? - A. No.

Q. Did he press captain Clarke upon it? - A. He said so two or three times.

Cross-examined by Mr. Wood. Q. Did Crossfield lodge at your house just before he went down to Portsmouth? - A. He lodged there about two months before he went down to Portsmouth; he went sometime in the beginning of February.

Q. You endeavoured to learn from Le Breton and Dennis, I believe, what they had sworn before the Privy Council? - A. No.

Q. You never asked Le Breton and Dennis what they swore before the Privy Council? - A. No, I never did; and they will not say so, I am sure.

Q. Have not you endeavoured to persuade Le Breton to be very favourable to Crossfield? - A. No.

Q. Not never said a word to him upon that subject? - A. No.

Q. Did you not tell him, that the truth was not to be spoke at all times? - A. No, I never did say so.

Q. Remember, you are upon your oath? - A. I am, and I am positive I never said any such thing.

Q. Nor to Dennis? - A. No, to neither of them.

Q. They may be called, and therefore I wish you to recollect yourself? - A. They will clear me, if they are, I am sure I never told them any such thing.

Q. Nor nothing to that effect? - A. No; I have not seen them since that time; they were constantly about the house then, and that was the time to speak of it.

THOMAS GREENLAND called in.

Mr. Adam. I call this witness to prove Upton's existence.

Lord Chief Justice Eyre. It will then remain uncertain, whether he went away to avoid being now examined, and what were his inducements to go away; whether they were inducements on the part of the prosecution, or on the part of the prisoner, or whether it was the pure effect of his own feelings; now all that being left perfectly uncertain, it seems as if that enquiry was quite beside the present case, but if you think it right to go into it, having admitted some evidence on the other side, which, perhaps, was rather admitted, rather by way of anticipation than otherwise, I shall not stop you.

Mr. Adam. My Lord, I wish to repeat now what I said before, that I am perfectly satisfied there has been no attempt, on the part of the prosecution, to keep him out of the way; and after the suggestion that has fallen from your Lordship, I will not give your Lordship the trouble of discussing, whether it is admissible or not.

Lord Chief Justice Evre. I think you do perfectly right, for it would only puzzle the case.

Mrs. WATSON sworn.

Examined by Mr. Adam. I did live in Dyer's-buildings; Mr. Crossfield lodged at my house.

Q. In what name? - A. The name of Crossfield.

Q. Did you always know him by that name? - A. Yes.

Q. Did he lodge in your house in September and October 1794? - A. He did.

Q. Of course you know a great deal of his way of life, and the way in which he kept every thing; was he a man who was remarkably careful of his

papers? - A. Not at all; he had nothing in the world locked up while he was at my house.

Q. He passed in his own name publickly? - A. Yes.

Q. He went about every where? - A. Yes.

Q. You don't know any thing of his disposition and character? - A. He behaved extremely well while he was at our house.

Q. When did he leave your house? - A. I cannot ascertain the day; it was about seven weeks or two months after he first came.

Q. He did not come back to lodge with you? - A. No.

Mr. Attorney-General. Q. Did he visit you about January or February after? - A. No; he did not.

Mr. Adam. Q. Do you recollect whether enquiries were made at your house about him? - A. No; not after he left me.

MARGARET BREARY sworn. Cross-examined by Mr. Adam.

Mr. Adam. These witnesses are merely to character; I believe it will not be exceptionable to call them all in together.

The Attorney-General consented.

Mrs. Breary. I know Mr. Crossfield; I have known him about four years, to the best of my knowledge.

Q. Have you known him intimately? - A. Rather so; I never knew any thing against his character.

Q. Is he a humane good-natured man? - A. I have always heard so.

- WILD sworn.

I have known him about three years; he is a very good-natured humane man.

Q. What are you? - A. A surgeon in the Kent road.

- WILSON sworn.

I have known Mr. Crossfield ever since I was a child; ever since I remember any thing; I always thought him an exceeding good humane man; I never thought he would commit the least crime.

- HEPBURN sworn.

I am a surgeon in Great Arundel-street; I have known Mr. Crossfield about four years; I have been very often in his company; I attended his family; I never saw any thing amiss of him; he is a quiet, easy, good-natured man, too much so.

DENNIS called in again.

Mr. Law. Q. Were you in Court when Mrs. Smith was examined? - A. No; I am just come from the coffee-house.

Q. Do you know Mrs. Smith? - A. Yes.

Q. Had you any conversation with her about Mr. Crossfield? - Not since I was first before the Privy Council.

Q. Did she make any enquiries what your examination was? - A. Yes.

Q. Did she seem anxious to know? - A. Yes; she asked me what I knew about Mr. Crossfield, and hoped I would not say thing to hurt him; I dined there; there were several captains of ships there at the same time; she said, she would say any thing to save him, not to hurt him.

Q. Was any thing said about truth should not be spoken at all times? - A. No.

Mr. Adam (to Mrs. Smith). Q. Is what this man says true. - A. No; I never examined him.

Dennis. Captain Smith got into very warm disputes, and said, Mrs. Smith you ought to be ashamed of yourself to say any such thing.

Lord Chief Justice Eyre. Q. Who is that captain Smith? - A. A gentleman in the African trade; he lodged with this good lady.

Q. Who were the other persons present at that time? - A. Captain Smith, and a young gentleman, a wharfinger, I believe.

Mr. Gurney then addressed the Jury, in a speech of considerable length; Mr. Attorney-General replied; and Lord Chief justice Eyre summed up the evidence, when the Jury having withdrawn an hour and thirty-five minutes, returned with a verdict of

NOT GUILTY .

Reference Number: t17960511-2

318. WILLIAM BRADLEY was indicted for feloniously stealing on the 20th of April two pigs, value 12s. the property of John Shin .

JOHN SHIN sworn.

I am a butcher ; I live next door to the bun-house, at Chelsea ; I lost two pigs on the 20th of April in the morning; I saw them safe the night before in the stye after ten o'clock; when I got up in the morning about five o'clock, to go to market, I missed them; I saw on the straw where they had laid, the brains knocked out, and I traced the blood; I went to the Marquis of Granby; met one John Fryer ; he asked me if I had lost any pigs, and I went to Mount-street watch-house, about eight o'clock, and found my pigs there; I know them by their colour; one was a brown and striped along the sides, the other was a spotted one; they were both boar pigs.

Q. You have not kept them till now? - A. No, they were good for nothing; I gave them to my boy; they were of no use to me; the head was mashed to pieces.

Cross-examined by Mr. Jackson. Q. I believe there were many robberies of pigs committed about that time? - A. Not that I know of.

Q. All kinds of cattle you know by the face generally? - A. And by the colour of the body too.

Q. Their heads were so disfigured you could not see them? - A. They had mashed the heads, but the skin was not broke.

Q. That is a strange sort of mashing, without breaking the skin? - A. The brains came through the nose.

Q. I believe many persons in your neighbourhood had pigs of this colour? - A. I have seen none.

Q. Do you mean to swear, your neighbours, who kept pigs, had not brown and spotted pigs? - A. I mean to swear no such thing.

WILLIAM FOWLER sworn.

I am a watchman; I suspected the prisoner, seeing him go into the gardens, and watched him from half past one to four o'clock; and after I had called the hour of four o'clock; I went round the back part of the houses, and saw four men go into an empty house, about one hundred yards from the prosecutor's; I saw the prisoner come out with a bundle, and then they parted; I followed three of them into Hyde-park; the prisoner was by himself when I stopped him; just before we came up to him, he made a kind of stop, and dropped what he had under his coat; when we examined the coat it was all over blood, and he owned himself that he had the property, and dropped it.

Q. What did you find in the bundle? - A. The pigs were wrapped up in his great coat; I took them to the watch-house, in Mount-street, with the prisoner; the prisoner gave a description of the

three men to the watch-house keeper, and Mr. Shin came to the watch-house with them; he said, in the hearing of the prisoner, they were his pigs.

Cross-examined by Mr. Jackson. Q. You found this man in Hyde-Park? - A. Yes.

Q. He had his watch-coat under his arm? - A. Yes.

Q. Hyde-Park was in the way to his quarters, was it not? - A. Yes.

Q. You know nothing more than that you saw him in Hyde-Park? - A. Yes; I watched him out of this empty house.

DANIEL STUART sworn.

I am a watchman; I saw the prisoner and three more men, at half past one o'clock; we suspected them; I did not see the prisoner taken, not I did not see him go into the empty house; I saw him go out of the King's guard-room, at the York Hospital, Chelsea.

Q. Do you know the person of the prisoner? - A. Yes; we laid wait for them till after four o'clock.

Cross-examined by Mr. Jackson. Q. All that you know is, that you saw this man, and several others, come off guard, and go towards their quarters in Hyde-Park? - A. You don't apprehend me rightly; we apprehended they were upon something that was not lawful, and we laid wait for them.

WILLIAM CALDROW sworn.

I was on guard, with the prisoner, at the York hospital gate, at Chelsea; at half past four I went to have a pint of beer, I saw the prisoner about a hundred yards before me, and he said he was going up to his quarters at the Barley-moo, in Park-street; he had his great coat under his arm, but what he had in it I do not know any thing at all about.

Cross-examined by Mr. Jackson. Q. You soldiers come off guard at all hours of the night? - A. Yes.

Q. Was it his watch-coat he had under his arm? - A. No.

Q. When you leave guard, you generally put your coats under your arm? - A. Yes.

JOHN BIDDINGTON sworn.

I am constable and watch-house keeper: On the morning of the 20th of April, I came down stairs, and the prisoner at the bar, and the watchman, were in the watch-house; the prisoner said, he had charged him with stealing two little pigs, and he thought it hard to be confined, as three other persons were concerned in it with himself, and he gave me their directions, and the constable brought them down with Mr. Shin, and I took them down to Marlborough-street. In searching him, I found a large pocket sewed, not as other pockets are, in the slap, but sewed across the back part of his coat, and in that pocket, there was a great deal of blood; when I got to Marlborough-street, I looked, and that pocket was torn off, and I found it in our water-closet; it was produced before the magistrate.

Mr. Jackson. Q. If he had found the pigs, they might have blooded the coat just the same? - A. I don't know any thing of the finding of them.

Prisoner's defence. I had nothing at all to do with them; I don't know any thing about them.(The prisoner called Benjamin Rabow , his serjeant, who had known him seventeen years in the regiment; and Robert Gatfield who had known him eight years, and gave him a very good character.)

GUILTY . (Aged 39.)

Confined one week in Newgate , and fined 1s.

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

Reference Number: t17960511-3

319. JOHN CAREY and ELIZABETH CAREY were indicted for feloniously receiving, on the 29th of February , a large quantity of wearing apparel, (being part and parcel of certain goods, where of John Randall was last sessions tried and convicted of stealing), knowing them to be stolen .(The indictment was stated by Mr. Knapp. and the case was opened by Mr. Knowlys).

WILLIAM CLARKE sworn.

I am clerk to the solicitor for the prosecution,(produces the copy of the record of the conviction of Randall); I saw Mr. Shelton sign it (it is read).

WILLIAM BROUNGER sworn.

I am a stop-seller in Houndsditch; I had a partner of the name of William China Percival; we dissolved that partnership on the 20th of February last.

Q. Did the property that remained in your house, after the dissolution of the partnership, remain your property? - A. Yes, the whole of it; I was present last sessions when a person of the name of John Randall , who had been a servant of mine, for the space of six years, or more, was tried and convicted of stealing these articles; in consequence of some information, I suspected the prisoners at the bar, as having some of my property; I never saw them till they were taken up.

Q. Were they customers to you in your trade? - A. No.

Cross-examined by Mr. Jackson. Q. Did you dissolve the partnership on the 20th of February last? - A. Yes.

Q. You are in a very large wholesale line of business? - A. Yes.

Q. You do not much attend your shop? - A. My department lies much among the books, and not much in the shop.

Q. Then you can't say whether Carey ever came to buy goods at your house, or not? - A. Most certainly I can; I am not wholly confined to the

books; the accompting-house is in the back of the warehouse, and no person can come in or out without my seeing them.

Q. Are you generally at home? - A. I am.

Q. These goods that have been mentioned, can you tell, at any period, when you have lost them, or whether they were taken gradually for some years back? - A. I cannot tell.

JAMES HART sworn.

I am a sawyer, I work with Mr. Wrightson, of Bethnal-green; I know the prisoner, and I know Randall, who was tried last sessions.

Q. Did you ever see Randall and Carey together? - A. Yes; on the Thursday that Mrs. Carey was taken up; Carey was at the George public-house, in Bethnal-green Road, and Mrs. Patrick came to me when I was at the Green-man, to desire me to go to Carey; I went to him, and he asked me to go to town; accordingly, I went to Mr. Randall's with Mr. Carey, and when we came to Mr. Randall's house, he was not at home; we turned back and came again; when we went a second time, he was not at home, we went up stairs and waited a-while till he came in; Mr. Carey and Mr. Randall went into a back room together, what they said I cannot tell; then we came from Randall's to Mr. Carey's house, No. 9, North's-place, Bethnalgreen, it was between ten and eleven at night, as near as I can guess; then Mr. Carey asked me to carry a bundle to Mrs. Patrick's, which I did; then I went back again to Carey's, and Mr. Randall took the next bundle, he carried it to the gateway, and I took it in; and then Mr. Randall went to Mr. Carey's, and I went back again; and Randall took the next bundle; and Mr. Randall, and Mr. Carey and I came away together to Mrs. Patrick's, that made the third bundle; and Mr. Carey had a small bundle, but what it was I don't know; and then, after that, Mr. Carey, and Mr. Randall, and I, came away; we parted facing the Salmon and Ball, and I wished them a good night.

Q. Could you at all tell what those bundles contained? - A. No; they were large bundles, and were all carried to Mrs. Patrick's.

Q. Did you live with the same master then that you do now? - A. Yes, and have done ever since.

Q. Were you at all told where they came from, or what they were, or what they were to be done with? - A. No; when Carey asked me to carry them, I did not know any thing at all about it.

Cross-examined by Mr. Gurney. Q. Did you know much of Randall? - A. No; I only saw him once or twice; I saw him once when he fetched the bundles, and once after, with Carey, at a public-house.

Q. Where did Randall lodge? - A. At a tin-shop, in Rosemary-lane.

Q. Who carried the first bundle to Mrs. Patrick's? - A. I did, and Randall carried the second and third.

Q. None of these bundles were carried to Mrs. Patrick's by Carey? - A. No; there was a little bundle, but I don't know that he carried it to Mrs. Patrick's.

Q. When did you first tell any body of this? - A. Not till Mr. Brounger and Mr. Wray came to take me up.

Q. Then you were charged with stealing some of these goods? - A. No, I was not; when I was taken up, I was to bring proof where they came from.

Q. You never charged Carey till after you were taken up yourself? - A. No, I did not.

Q. By that means you have yourself escaped a prosecution? - A. No.

Q. Have you not escaped prosecution by accusing him? -

Court. Let the Jury and me draw the conclusion, you have got the fact from him.

Mr. Knowlys. Q. Were you detained in custody till the sessions to give an account of it? - A. No; I was detained till the next Monday, and my master came and bailed me to appear at the sessions.

Q. Did you suspect at all that they were dishonestly come by? - A. Not at all.

SARAH LUNSFIELF sworn.

Q. Do you know Carey? - A. Yes; I never saw Randall in my life.

Q. Do you know Mrs. Patrick? - A. Yes.

Q. Were you present when any thing was brought to Mrs. Patrick's? - A. I was in bed with Mrs. Patrick at the time, when James Hart came in with some bundles, about eleven o'clock at night, he came in by himself; and Mr. Carey came in about half an hour or a quarter of an hour after him; Mr. Carey brought a small bundle and gave it to Mrs. Patrick, and she put it into the side-bedstead that her child lay in.

Q. How long did Carey and Hart stay with you? - A. They did not stay long; I don't know which of them went away first; there were three large bundles brought, besides the small bundle.

LYDIA PATRICK sworn.

I live in Bethnal-green; I have known Mr. Carey about a year and a half: on the 25th of February, about eleven o'clock in the evening, James Hart came with some things to our house. I was going along and met Mr. Carey, about nine o'clock, and he told me his wife was in trouble; and then he said, there would be some things come to our house, and the things came about eleven o'clock; Mr. Randall brought them to the door, and Mr. Hart brought them into the house; they were three

large bundles of cloaths, and a little small one, which Mr. Carey brought.

Court. Q. Do you know what was in the small one? - A. No.

Mr. Knowlys. Q. Had you any duplicates from any body? - A. No.

Mr. Knowlys. Q. Had you any duplicates from any body? - A. yes, from Mrs. Carey.

Q. How long did these people stay with you? - A. They went away directly.

Q. Did you pawn any of these things? - A. No.

Q. Or attempt to pawn any of them? - A. Yes; on the 29th, it was on a Monday, I was stopped and taken up, and I discovered what I knew of this transaction.

Q. Did these bundles remain at your house? - A. Yes, till Mr. Tipper, the constable, came and took them away.

Q. In the same state that they were brought to your house? - A. Yes.

Cross-examined by Mr. Gurney. Q. You gave evidence here last September, upon the trial of Randall? - A. Yes.

Q. Did you speak then of a fourth bundle that was brought by Carey? - A. Yes.

Q. Not one word about it? - A. I was not asked about it.

Q. You were asked how many bundles were brought, and you said three; how came you then to forget the fourth? - A. It might slip my memory.

Court. It was not so material in that case whether Carey brought a bundle or not.

Mr. Gurney. Q. You were taken up on the Monday following pawning some of the things? - A. Yes.

Q. You accused Carey to save yourself? - A. No.

Q. You did not hope to save yourself by accusing him? - A. I did not.

Q. Will you stick to that; upon your oath, did you or did you not hope to save yourself by accusing him? - A. No, I did not.

Court. Q. What trade are you? - A. A tambour-worker.

Q. How long have you been acquainted with Carey? - A. Eighteen months, or thereaway.

Court. Q. Did you know his wife? - A. I have seen her, but never spoke to her.

Court. Q. How far did he live from your house? - A. I cannot justly say how far; it was not far.

RICHARD TIPPER sworn.

I am an officer belonging to the city: I went to Mrs. Patrick's house in Bethnal-green-road; I had taken her into custody, and she went with me to her house; I found the property under the bed made up in three large parcels, and there was a small one at the side of the bed; I searched the bundles, and then searched the drawers, and found a few things there; and, besides, I found a bag containing a number of duplicates, (producing it); I brought Mrs. Patrick back, and took her to the Compter.

Q. You did not apprehend either of the prisoners? - A. I did not; not I did not go to their house.

Cross-examined by Mr. Jackson. Q. How many bundles were under the bed? - A. Three; they are all here.

Q. And a fourth? - A. Yes; a small parcel in a white piece of linen.

Q. Have you always been in the same story, that you found three bundles under the bed? - A. What I found was under the bed.

Q. Have you always said so; did you not say, upon the last trial, you found two bundles under the bed? - A. It might be so, but there were three.

Q. It was taken down two. Now, are you to be believed, upon your oath, last trial, or to-day? - A. I speak the truth.

Q. Did you find two bundles or three? - A. I can't pretend to say whether I did not; there is all the property that I did find.

Court. It is not material; we shall see the things, and we shall hear whether they are the things stolen by Randall.

Mr. Knapp. Q. These were the same things you produced upon the trial of Randall? - A. Yes.

JOHN WRAY sworn.

I am an officer belonging to Worship-street office, I apprehended Mr. Carey: I went to his house with a search-warrant, on Saturday the 27th of February, Bingham went with me, and Sapwell; I and Sapwell went to the back door, and Bingham to the front; we knocked a considerable time, and nobody answered; I opened the back door that opened into a back wash-house, and got in; and then there was another door, I unlocked that, and then I thought I heard somebody inside of the house.

Court. Q. What time was it? - A. Between seven and eight o'clock; I had forced the bottom bolt off the door very near, and Carey, the prisoner, then said, you have no occasion to knock any more, I will open the door; says he, I know what you want; I informed him I had a search-warrant, which I took out of my pocket and read to him; he said, very well, you may search; I opened a box, and found these things. (Producing a quantity of cloaths).

Q. Had Carey himself any waistcoat on? - A. No, he was not drest; there was a waistcoat laid upon the bed.

Q. Were these goods produced upon the trial of Randall? - A. No; they were not.

Q. Who had the goods that were found at Careys's, that were produced at Randall's trial? - A. I believe, Tipper.

Mr. Gurney. There were no goods produced upon Randall's trial that were found at Carey's.

Mr. Knowlys. There was some Russia duck particularly sworn to by Mr. Brounger.

THOMAS SAPWELL sworn.

I am a constable of the city; I was sent for to apprehend Mrs. Carey, on the 25th of February.

Q. Did you afterwards go with any search-warrant to the house of Mr. Carey? - A. Yes; I went with Wray.

Q. Have you got any thing that you found there? - A. Yes, three tickets, which I found in the drawers at Carey's lodgings.

Q. Did you find any thing there which you produced at Randall's trial? - A. Yes; these things in Wray's possession.

Q. Was any thing sworn to upon Randall's trial that you found at Carey's house? - A. Yes; three bundles of buttons.

Q. Any Russia duck? - A. No.

Q. (To Tipper.) Produce the bundle that the Russia duck is in, and let Mr. Brounger look at it.(Produces one of the bundles found at Mrs. Patrick's).

Mr. Brounger. This Russia duck is mine.

Q. Is it what you prosecuted Randall for stealing? - A. It is; I know this perfectly well to be my property, it has my private mark upon it, and I can swear to this never having been sold to any person; there has never been an inch of it sold to any body. The other things I know by the mark, by the method of their being made, and, indeed, every thing relating to them. The reason Randall was taken up was from the woman prisoner at the bar being taken up, who disclosed the whole, and through her means it was that I recovered my property.

Mr. Jackson. Upon your oath, will you venture to swear they are your property? - A. I certainly believe them to be my property.

Q. But can you swear they are your's, and that they have not been sold? - A. I can swear that some of them have not been sold; but our articles are so similar, that it is impossible to swear to some of them; I can swear to the Russia duck being mine; I can swear to the whole being my make.

John Carey 's defence. I leave my defence to my counsel.

Court. As to the woman, I am of opinion there is not evidence sufficient to put her upon her defence.(The prisoner called ten witnesses, who had known him from seven to twenty years, and gave him an excellent character).

John Carey , GUILTY .

Transported for fourteen years .

Elizabeth Carey , NOT GUILTY .

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

Reference Number: t17960511-4

320. WILLIAM SEAL was indicted for that he, on the 25th of February , upon Robert Lloyd , an officer of Excise , being on shore in the due execution of his duty, in seizing for our Lord the King 20 gallons of spirituous liquors, called geneva, liable to be seized by him as such officer, unlawfully and violently did make an assault, and him the said Robert unlawfully and forcibly did hinder, oppose, and obstruct, against the form of the statute , &c.(The indictment was stated by Mr. Knowlys, and the case opened by Mr. Attorney General.)

ROBERT LLOYD sworn.

Examined by Mr. Fielding. I am an Excise officer.

Q. Were you so in February, 1794? - A. Yes; at Groombridge, near Tunbridge; on the 25th of February, about half past eleven in the morning, I was going my usual round; I had surveyed one house, and I was going to the next; I met two men with two horses in the high road, just upon the edge of Ashdown forest; the prisoner at the bar was one of them; they had got smuggling saddles with straps, and tubs, half ankers, and smuggling packages; I smelt a strong smell of liquor; they were strapped on; and when the horses came up, I said to the men, lads, I shall stop these two horses, and instantly that man at the bar fell upon me with the butt end of a loaded whip; I had not time to say a word more; he gave me two or three strokes till he knocked me down; on the top of my head I parried off two or three blows.

Q. Had either of them struck you before he knocked you down? - A. I parried them off with a little stick I had in my hand; I told them when they knocked me down first, I said, lads, go along about your business, for God's sake don't keep on.

Q. When you say they, which of them do you mean? - A. The other man just came up.

Court. What was the other man's name? - A. Edward Druid; they both kept on beating me, and I begged for God's sake they would not kill me, but that did not seem to stop them, they kept laying on, and I put my arm round my head to save my head; they seemed to aim pretty much at my head; I little thought I should have got into the same situation again that I am now in; I happened to be near a little cottage, and Ashdown halloaed out of the window, and said, what do you mean, are you murdering the man? that irritated them, and they did not give me many more strokes; one of them said, damn his eyes he has got a pistol; I had a round frock on, and they rifled my pockets and took the pistol out of my pocket, and then they gave me a few more strokes.

Q. How long did they continue using you in this

way after Ashdown had interfered? - A. It must be half a minute or a minute; they laid on as fast as they possibly could; they went off with their horses and left me upon the ground; I got up and went into Ashdown's house.

Q. You smelt a strong smell of liquor, what liquor was it? - A. It appeared to me to be geneva, it was spirits at least; it was as much as I could do to stand when I got up.

Q. They administered what comfort they could to you? - A. Yes; I was bleeding both sides of my head, and my arms swelled uncommonly, so that when I got home, I could not get my shirt off without cutting the wristband; it was swelled all the way up till my coat sleeve was ready to burst; I walked home very slowly; I fainted away entirely, and did not get to bed for four hours.

Q. How long were you confined to your house? A. I could not do my business for about seven or eight months.

Q. Was any effort made in order to apprehend this man when you were recovered? - A. Yes; I went with some more officers and the supervisor; we found out his house, and he saw us coming and ran out at the back door; I saw him come out at the back door, and knew him to be the man that had assaulted me; I called to the officers, and said, that was the man; I knew him immediately that I saw him.

Q. That is the man, you are sure? - A. Yes; I have not the least doubt.

Q. Some time after you were removed from this situation to another? - A. Yes; I did not think myself safe.

Q. How long ago is it that he was apprehended? - A. A few days ago.

Court. Explain to the Jury what a loaded whip is? - A. It is loaded at the end with lead.

Court. A large whip, with lead at the end? - Yes; heavy enough to knock an ox down.

JOHN ASHDOWN sworn.

I am a shoe-maker; I was sitting in a garret at work; I saw two men beating Mr. Lloyd very shamefully; I did not see him knocked down, but he was lying upon the ground; I called out very severely, and asked if they were going to kill the man; with that one of them left off, and then they struck him again two or three times, and went off; I went down stairs and met him coming towards my house.

Q. What sort of condition was he in? - A. He said he was in hopes his head had not got much damage; he had kept his arm over his head on purpose to save it; nothing could be well worse than his arm was; he brought his stick with him to my house, but his arm was so swelled he could not take it away.

Q. Do you know that the prisoner was one of the men? - A. I do not know either of the men.

WILLIAM HARRISON sworn.

I am an officer of Excise at Tunbridge; one Sunday in April, 1794, I went to the prisoner's house with Mr. Lloyd, about eleven o'clock in the forenoon, and the supervisor and three or four more; me and another went to the house, and knocked at the door; his wife came to the door, and I asked if one William Seal lived there; she replied, there was no such person, he lived at a distance off; I had not got a warrant in my pocket to enter the house, and I went back to the supervisor; I told him I thought he was in the house; I went back, and as I was going in at the front door, I saw the prisoner run out at the back door; we all went in pursuit of him over a gate, but he knew the fields so well, that we lost him in the woods.

Q. While he was making his escape, did Lloyd see him? - A. He told me he saw him, and some of them told me to fire at him; I cannot say whether Mr. Lloyd said he was the man, but somebody did.

Court. Do you know when he was taken? - A. The Monday morning before this last; he was taken between Chittinstone and the parish of Ever; he lives in a wood almost; there are but two or three houses in the place.

Court. Did you know Ashdown's house? - A. Yes.

Court. How far was the prisoner's house from Ashdown's? - A. I cannot say; it may be four or five or six miles.

Prisoner's defence. I am not guilty.

GUILTY . (Aged 30.)

Confined in the House of Correction two years .

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

Reference Number: t17960511-5

321. JOHN KELBY was indicted for breaking and entering the dwelling-house of Randall Jones , about the hour of nine in the night, on the 28th of March , and burglariously stealing two leather pocket-books, value 2s. the property of the said Randall Jones.

RANDALL JONES sworn.

I am a labourer at the India-warehouse; I lodge at the Lord Cobham's-head, Coldbath-fields ; it is a public-house, kept by Mr. Austin; I came home on Easter-Monday to my lodgings; I had been to Newington-green after some shoes; I came home about eight o'clock in the evening; I went up stairs and turned the spring lock back, and there I saw four men, to the best of my knowledge, with a dark lanthorn, the light was immediately put out.

Q. Had you a candle? - A. No, there was a light upon the stairs; I went to the door directly, and called out for assistance, they overpowered me

in pulling the door back; the first man that came out pushed by me; I put my hand immediately over his neck, and we went both down together as far as the turning of the stairs, and he made a stumble; my landlord met him, and I saw them both down at the bottom of the stairs together; I turned back again, and saw another man coming out of the room, and going up stairs; he was going so fast, that he made a trip, I followed him, and threw him down to the door, where he came out of; I gave him in charge to some of the people in the house.

Q. Was that the prisoner? - A. No; then I heard that two more were got into the yard, one had got over the pales, and had hid himself in the privy at the next house; I saw the prisoner taken out of the privy; Mr. Austin and I, and three or four more, went into the yard, and desired him to open the door of the privy; he refused, and Austin called for his blunderbuss, and said, he would fire if he did not open the door, then he opened the door; that was the prisoner; I did not go over the rails, I saw him over the pails taken out of the privy; he desired to be searched when he came out.

Q. Was any thing found upon him? - A. Not that I saw; I had the key of the lock in my possession; there were four locks in the room broke, the door was opened by a key, I locked it before I went out.

Q. When you left it, no person could get to it without a key? - A. No.

Q. What did you miss? - A. A silk handkerchief that I have the fellow of in my pocket, a pair of silver buckles, a gold ring, and two pocketbooks.

Q. Have you found the pocket-books again? - A. Yes, and the buckles; the buckles Mr. Austin gave me, and the next day I found the pocket-books in the privy, under the seat, they have been in the hands of the officer ever since.

Cross-examined by Mr. Knowlys. Q. The man desired to be searched? - A. I heard him say, use me well, search me.

Q. You can't swear the prisoner was in the room? - A. No.

Q. The person taken in the necessary escaped out of custody? - A. Yes.

Q. When was he taken again? - A. About a week after.

Court. Q. Can you tell me, with any certainty, that the prisoner is the man that came out of the privy? - A. I can't swear to him, I was not near enough to him.

JOHN AUSTIN sworn.

The last witness lodges at my house, I had a club there; on the 28th of March, Easter-Monday, I went up to the club-room to wait on my company, I saw two men trying Mr. Jones's door; I asked them what they wanted there, they made me no answer; and I went down stairs; I met Jones at the tap-room door, and told him to go and look at his room; he went up, and had no sooner got up, but I heard a cry of murder; I heard a great noise, I went up stairs, and he had hold of a man, and came down stairs part of the way.

Q. Could you see the man so as to know his face again? - A. Yes, I am sure it was the prisoner; I had him in my possession some time; him and I rolled down the last flight of stairs together; and as I had hold of him, there was a silver buckle dropped; some people pulled me off him at the bottom of the stairs, and he made his escape into the next yard through the back door; as soon as I could get out after him, I got over into Mrs. Cotterell's yard, which is next door, and tried the door of the necessary; it was fast, and he would not open it; I called out for a blunderbuss, and immediately a young man jumped over into the yard to me, and the prisoner came out and begged of me to use him well, and told me to search him, which I had no right to do.

Court. Yes, you had. - A. I did not know that; he got back again the same way over into my yard, and there some young men pretended to take care of him, and had him into the house, and let him go; I am sure he is the man.

Cross-examination. Q. It was after dark when you saw the person? - A. There were two lamps in the house, and half a dozen candles or more.

Q. You never saw the man before? - A. No.

Q. You were in some little alarm at people being in the house? - A. I was alarmed.

Q. And the man got away? - A. I marked him so as to know him.

Q. How long after was it before he was taken? - A. A fortnight, I believe.

Court. How long were you and he upon the stairs together? - A. A minute and a half.

Q. Had you an opportunity fully of seeing his face? - A. Yes.

Q. When he came out of the privy, did you instantly know him to be the man you had struggled with upon the stairs? - A. Yes.

Q. How long might you see him then? - A. For ten minutes, I held the candle in his face.

Q. Have you any doubt of the man? - A. None; I marked his lip, and it is on now.

THOMAS GOULD sworn.

I live at No. 2, next door to Austin's; hearing a great noise, I ran back wards into my yard; at the same time there was a person getting over into the next yard adjoining my house; he got into the vault, and I saw him on the pales.

Q. Did you see the person come out of the

vault? - A. Yes; I am sure it was the prisoner; I had a light that I gave Austin, so that I had a perfect view of the prisoner; he held the light to his face; I never saw any more of him till I saw him at the office, Hatton Garden; I am sure the prisoner was the man.

Cross-examined by Mr. Knowlys. Q. You had never seen the man before till you saw him in your privy? - A. No.

Q. You did not see the man that was supposed to be in your privy till a fortnight after? - A. No.

SARAH POULTNEY sworn.

I live with Mr. Gould, No. 2, next door to Mr. Austin's; I was down stairs in the kitchen; Mr. Gould called to me to bring him a light, which I did; he handed a light to Mr. Austin; he got into the yard, and laid hold of the privy door; it was fast; he called for a blunderbuss, and then the prisoner came out.

Q. Are you sure it was the prisoner? - A. Yes.

Q. Have you any doubt of it? - A. No; Mr. Austin laid hold of the man with one hand, and the candle in the other; I knew the man, and called him by his name, John Kilby ; he lived in Laystall-street; I have known him a great while.

THOMAS MILES sworn.

I was at the taking of the prisoner; we followed him from pentonville to Bagnigge Wells to take him; it was a fortnight after Easter; we took him to Austin's, and sat him down in the tap-room, and called for a pot of beer; I called Austin's in, and bid him look round the tap-room, and see if there was any body he knew that was concerned in breaking open his house; Austin, seeing us together, looked round, and said, that man is one I had in the necessary, and saw on the stairs; there was a cut on his lip at the time these pocket books (producing them) were delivered to me at the Magistrate's; (a dark lanthorn produced).

Jones. These are my pocket books; I am sure of these two; I know them by the bills and letters in them; they were lest in my box locked, and the lock was wrenched open; I found these things in the privy (producing a bunch of picklock keys and a crow), under the window in the room, and here is a hat I found in the room.

Q. (To Austin). Had the prisoner a hat on? - A. No, he was without a hat, I believe.

Prisoner's defence. The time they say they were robbed, I was in my own house with my wife and family.

(The prisoner called six witnesses who all gave him a good character).

GUILTY of stealing the goods, but not of breaking and entering the dwelling-house . (Aged 33.)

Transported for seven years .

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

Reference Number: t17960511-6

322. THOMAS KINMAN was indicted for feloniously stealing on the 14th of December a black gelding, value 10l. a wooden cart, value 10l. seven linen bags, value 7s. and 651lb. of thrown silk, value II95l. the property of James Lewis Desormeaux . No evidence being offered, the prisoner was found.

NOT GUILTY .

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

Reference Number: t17960511-7

323. JOHN DUNN was indicted for feloniously stealing a wooden chest, value 18d. a man, value 6d. sixty-one pounds weight of tea, called black tea, value 7l. and twenty-seven pounds weight of green tea, value 5l. the property of William Storrs Fry , and William Fry , being on a quay on the navigable river Thames , April the 26th .

Second Count. Laying it to be the property of persons unknown.

JOHN FARROW sworn.

I live with William Storrs Fry and William Fry : On the 27th of last month, a Mr. Green, who is a constable on the quays, came to inform me a chest of tea was found on a soldier, who was carrying it from the wharf; we sent the goods down to the Custom-house quay on Tuesday the 26th of April, this was on the 27th; in the morning I went about eleven or twelve o'clock and saw it in the King's warehouse in the Custom-house; the person is here who gave me an account of it; I knew it to be Mr. Fry's property by a private mark on the chest, put on by our warehousemen; it contained black and green tea; I can positively say the chest was sent from our house; there was likewise another mark I could know it by; it was going to Westley and Co. at Hull; it was marked with chalk 1. 19. signifying the tare of the chest and things in it; it has never been in our possession since.

Q. What might the value of it be? - A. About twelve pounds.

Q. Would you give that for it? - A. If we were to take it again, we should credit Westley and company twelve pounds for it.

JOHN JONES sworn.

I am carman to Messrs Frys; I carried a chest of tea on Tuesday the 26th to the Custom-house quay, between seven and eight o'clock in the evening, I lest it in the care of one of the men that belonged to the ship.

MATTHEW HART sworn.

I am a soldier, and the prisoner is a soldier in the same regiment with me; I was standing sentry from eight to ten o'clock that evening; on Tuesday the 26th of April, the prisoner came so me with a bundle on his back; I asked him what he had got, and told him he could not pass; he was going

over the wharf; he asked me if the corporal of the guards was there; I told him; no; he said he wanted to leave that with him; knowing him, I let him lodge it against the door, and put it into the guard-room myself; he went away, and when the corporal came, I informed him what he had brought there; he said, had he been there it should not have come into the guard-room; the next morning the constables came after it; I was relived from sentry before it was fetched out of the guard-room.

Q. Should you know it again if you were to see it? - A. There were a good many marks upon it, but I am no scholar at all.

FRANCIS PHILLIPS sworn.

I was watchman upon the Tower wharf when this man came in with a chest of tea upon his back.

Q. How far is that from the Custom-house key? - A. Not two hundred yards; as he came in at the gate, out of the Tower at the draw-bridge, the end gate were shut, he walked along, and I followed him along the wharf, till I heard something pass between him and the sentry; he asked him what he had got, he said it was nothing to him, it was something to make him eat and drink; he went on to another sentry, he refused to let him out, and he came back again; when he came to the corporal's guard, who was the last witness, he helped it off his back, and put it in the guard-house; I saw it in the guard-house that night, and in the morning I went and acquainted one of the Commissioners with it; it was matted up and boarded, but the direction was torn off; the Commissioner went to the Custom-house, and endeavoured to find out whose property it was; he then ordered it to be carried to the Custom-house till the owner of it was found; I saw it carried to the Custom-house; it was left in the King's lock-up house; it remained there till now that it is brought here; I know it is the same.

JOHN SOUTHY sworn.

I am an officer in the Customs; On Wednesday the 27th of April, a chest of tea was delivered into my charge, in the King's warehouse.

Q. Who lodged it with you? - A. James Miller, an officer in the Customs; I kept it in the warehouse.

Q. Did you bring it here? - A. Yes; I have the permit that was on the chest.

WILLIAM GREEN sworn.

I am a constable belonging to the Custom-house: On Wednesday morning, the 29th, between seven and eight o'clock, two Custom-house officers came for me to go the Tower, in order to seize this; and when I came there, I found, by the wreckage,that it had been stolen; I desired them to seize it, as I would take the marks, and find who it belonged to; I took the numbers that were upon it, went to the accompting-house, and they told me it belonged to Mr. Fry, and then I gave notice of it; Mr. Farrow went with me to the Custom-house, and owned the tea.

Farrow. This is the permit. (The chest of lea produced).

(To Hart). Q. Is that the one that was stopped? - A. It has been mended since; I can't say.

Q. It was matted? - A. Yes.

Q. Have you any reason to doubt that it is the same? - A. No.

Q. There was no other put in the guard-house that night? - A. No.

Q. (To Phillips). Is that the same you saw in the guard-house? - A. The very same.

Q. (To Farrow). Have you any doubt that that is the chest that belongs to Messrs. Fry? - No; no doubt at all.

Prisoner's defence. Coming from Westminster to the Tower, a well-dressed gentleman had this in Thames-street, he asked me if I would earn a couple of shillings, or half-a-crown, to carry it; I asked him where I was to carry it, he made answer he was going with me; I carried it three or four hundred yards, and pitched it on a post in Thames-street, and I missed him; I left it on the ground in the street to go and see for him, I could not find him, and I took it to the guard-house.(The prisoner called his serjeant and corporal who gave him a good character).

NOT GUILTY .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17960511-8

324. JOHN CULBERTSON was indicted for feloniously stealing eight pounds of moist sugar, value 4s. the property of Thomas Ibbutt , Edward Fuhr , and George Ibbutt , February the 23d .

THOMAS ADAMS sworn.

I am cooper to Ibbutt, Fuhr, and Ibbutt; the prisoner was our porter to open the door and light the fire; he slept in the house latterly; having lost sugar, we laid several schemes to find it out. On Saturday the 21st of February, about seven at night, I made all the sugar smooth where the heads were off, where I thought any body came to it; when I came into the warehouse on Monday morning, I found sugar had been stolen; I made it all smooth on the Monday night again, and on the Tuesday morning I went into the warehouse about a quarter after five o'clock; I took the keys with me over night to let myself into the yard; I do not sleep in the house; I went into the warehouse a little after five o'clock, and concealed myself up one pair of stairs; I waited there till about half past six, then I heard the prisoner open the accompting-house door; I saw him come up the yard with his

jacket and apron on, and an empty paper in his hand; I saw him go into the ground warehouse with that empty paper, and I saw him come out again with something in his lap; he then went a little way up the yard and put some chips over the parcel he had in his lap; I being up stairs called to him as he was coming down the yard again, and told him to stop; I ran down stairs as fast as I could, about ten stairs; I followed him into the accompting-house where he was to light the fire, I saw the sugar in his hand, then he was going to put it under the desk; I charged him with the robbery, which I said he had been carrying on a long time; he pleaded hard that I would not tell his employers; in the morning, about nine, I told Mr. Ibbutt, and this man then absented himself; he was away the whole day till late at night; he came to sleep in the house again, and on Thursday morning Mr. Ibbutt gave charge of him to a constable, and he was taken before the Lord-Mayor.

Cross-examined by Mr. Gurney. Q. How long had the prisoner lived with Messrs. Ibbutts? - A. More than a year and a half.

Q. What is your situation? - A. A cooper; I had the care of the premisses.

Q. Had there been any disputes between you and the prisoner? - A. None.

Q. Perhaps you know to what I allude, something respecting coals? - A. No.

Q. Are you quite sure you had no anger with him about coals? - A. No; he prevented me having coals out of the house as I used formerly to have.

Q. As this happened in February, how came the prisoner not to be prosecuted last-sessions? - A. I came, and the Grand Jury was discharged.

Q. Do you know, of your own knowledge, that he was not there the whole day? - A. No.

DEAN sworn.

I am a warehouse-man; I have lived with Mess. Ibbutt's about seven or eight years; it is my place to lock the gates, and leave the keys in the accompting-house; on Monday night they lest the heads on very smooth, and the sugar very smooth, and on the I uesday morning there was a hole in the middle of the hegshead.

Q. Is the warehouse lest open, or has the prisoner the key of it? - A. He goes through to get chips to light his fire in the morning.

Q. How long had he lived in the house? - A. A year and a quarter or a year and a half.(The prisoner left his defence to his counsel, and called Robert Oliver, who had known him two or three years, and gave him a good character).

GUILTY . (Aged 27.)

Confined six months in Newgate , and fined 1s.

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17960511-9

325. WILLIAM MERCER was indicted for feloniously stealing seventeen ounces of hyson tea, value 5s. the property of the United Company of Merchants, trading to the East-Indies , April the 11th .

WILLIAM WILSON sworn.

I belong to the East-India Company's warehouse, the prisoner was a labourer in the warehouse: on the 11th of April, I placed myself in one of the alleys, about five yards from Mercer in the top room; I put myself in that situation to conceal myself; I saw William Mercer break the cap of one of the chests open, he threw the leaves, back, and served himself as he thought proper, and took the tea away in his breeches, it was hyson tea, when he came out, I caught him by the arm, and asked him what he had been doing; he said, let me go, it is the first time; I caught him by the arm and collar; and never let him go till we came down stairs; when we came to the foot of the stairs, he told me he wanted to speak to me; I made a stop, and found he wanted to go away; I called a man to my assistance, he struck the man on the breast, and jumped into the yard and ran away; I followed him and brought him back, and an officer of the excise or customs was brought in, and he discharged him, he thought he had nothing to do with it, Mr. Lee Searched him afterwards, and I saw the property taken from him out of his breeches, he took it out himself; he afterwards undid the knee of his breeches, and stood upon a clear piece of paper, and shook it out; there was seventeen ounces of it, the value is about 5s. he was taken to the Poultry-compter, and from thence to the Lord-Mayor.

Cross-examined by Mr. Knowlys Q. Where were the warehouses? - A. In Cooper's-row, near Tower-hill.

Q. That is in Middlesex? - A. No, it is in the city, in the parish of Barking.

Q. Can you swear the whole of that parish is in the city of London? - A. Yes.

RICHARD LEE sworn.

I am a Custom-house locker.

Q. Do you know these warehouses? - A. Yes; but I don't know whether they are in the city or not; on Monday last, as I came out of the Upper-yard, I understood a man had been stealing tea; I went up into the accompting-house and searched him myself, and found a large bulk in his breeches; I bid him take the tea out of his breeches, he refused, and I took him to the office, and he took it out on the landing-place, on a clean sheet of paper.

JOHN BROOKE (the elder) sworn.

I know the warehouses, they are in the City of London; I was present when the prisoner took the

tea out of his breeches; I have had it ever since, it was dropped from his breeches on a clean paper; this is the same tea he took out of his breeches.

Q. Did you examine the chests? - A. Yes; I found a deficiency in several chests; in consequence of that deficiency, I gave directions to Wilson to watch; I examined the tea chest afterwards, and found it deficient.

Cross-examined by Mr. Knowlys. Q. How do you know these warehouses are in the city? - A. I made a particular enquiry; I enquired of the governor of the work-house, which is next to the warehouse.

THOMAS LAWRENCE sworn.

I live in Crutched-Friars; I know these warehouses in cooper's-row, I believe they are in the City.

WILLIAM ALLEN sworn.

All that row is in the city; I have summoned Juries there twenty years ago.

Q. Is all the left side in the city? - A. Yes, as far as Tower-hill.

Q. Do you know the East-India warehouses? - A. Yes.

Q. Are they in the City of London? - A. Yes.

Prisoner's defence. I am as innocent as any man in Court; I leave it to my Counsel.(The prisoner called seven witnesses, who gave him a good character).

GUILTY . (Aged 31.)

Confined in the House of Correction six months , and fined 1s.

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17960511-10

326. JAMES M'LEOD was indicted for feloniously stealing, on the 8th of April , two silver sugar castors, value 40s. twelve silver table-spoons, value 5l. twelve silver table forks, value 5l. and six silver desert spoons, value 40s. the property of John King , in his dwelling-house .

(The witnesses were examined apart at the request of the prisoner).

WILLIAM SMITH sworn.

I am servant to Mr. King, in Queen-street, Westminster; I did not miss any property, till Fisher, the pawn-broker, came to our house on the 8th of April, and asked to see the crest on one of our spoons; he said, that a person had offered some plate to pledge; we did not miss them till the keys were brought back to open the cupboard, the prisoner had the key of the cupboard where the plate was, and some others; I missed a dozen of knives, a dozen of forks, and half a dozen of desert spoons; the prisoner was butler to Mr. King, he had left Mr. King's service that day.

ISAAC FISHER sworn.

I am shopman to Messrs. Parker and Burkett's, pawn-brokers, in prince's-street, Leicester-fields; on the 8th of April, the prisoner at the bar came to my master's shop for the purpose of pawning these articles, (producing two silver castors, a dozen of table forks, a dozen of table spoons, and half a dozen of desert spoons,) these being articles we don't take from strangers without enquiry, upon enquiring how these articles came into his possession, he said, they belonged to him, and gave us a reference to Holles-street, Cavendish-square, and upon expressing a desire to send to know if he lived there, and to know if these articles belonged to him, he wished that we might not send there; in consequence of that, and not wishing to give us any further account how he came by them, we were induced to send for a constable, who took him into custody, and I appeared next day at Bow-street, when these articles were attested by Mr. King's servant; I believe the prisoner wrote a direction previous to his leaving my master's shop, where Mr. King lived; he said, his name was King, but after he was put in custody, he gave a proper direction to Mr. King, in Queen's-square, Westminster, wishing my master to go there to let Mr. King know that he was stopped pledging these things; in consequence of that, I stopped in the shop, and Mr. Burkett went there, I did not go myself; the prisoner expressed a desire to have these things put in separate parcels, under this with, I should apprehend, to redem them again.

Prisoner. (To smith.) I beg leave to ask him if he has been threatened with any punishment if he did not give this evidence against me? - A. Yes, the constable did; he told me, yesterday, d-n your eyes, if you don't appear, you will be fined your recognizance.

GEORGE DONALDSON sworn.

I am a constable of St. Martin's in the Fields: On the 8th of April last, I was at Bow-street office, and an apprentice of Messrs. Parker and Burkett, came down to the office for a constable to take the prisoner into custody; I went and took him into custody.

Q. (To Smith.) Look at these forks and spoons; whose property are they? - A. Upon such an occasion, it is a very material thing to take an oath upon.

Q. It is a material thing, and therefore look at them, and don't say they are anybody's, unless you are quite sure? - A. They look like Mr. King's.

Q. Look at them again, and tell me whether you have any doubt that they are Mr. King's? - A. They have every appearance of it in the world.

Q. Do you believe them to be Mr. King's? - A. It

is a very difficult thing to take an oath upon; there might be more spoons exactly like these.

Q. Have you been used to see marks such as these, (the crest), upon Mr. King's spoons? - A. I have seen marks such as these.

Q. Did you ever see such marks upon any body else's spoons? - A. No.

Q. Now do you doubt whether they are Mr. King's spoons or not? - A. I don't doubt it.

Q. Look at them again, and will you or not venture to swear they are Mr. King's spoons? - A. Yes.

Q. Then I want to know what you meant by giving the answer that you did, that one spoon might be like another? - A. I never used to clean this silver, I have been very little used to see it.

Q. As a sootman, have you not been in the habit of handling these spoons? - A. Yes.

I hope you will never have the handling of Mr. King's spoons again; he is very wrong if he keeps such a servant as you.

Q. (To Mr. King.) Was the prisoner your servant? - A. Yes.

Q. Is the witness your servant? - A. Yes.

Q. How long has he lived with you? - A. About half a year.

Q. Has he had the handling of these spoons at all? - A. I had only that servant, and the prisoner at the bar.

Q. And they waited at table? - A. Yes.

Q. Consequently both of them had the handling occasionally of these spoons? - A. Certainly.

Q. Look at the spoons and the castors? - A. I am afraid I can swear positively to the castors.

Q. Have you any doubt about the spoons? - A. No; they have my crest upon them.

Q. Can you tell me the value of this plate, three pounds, four pounds, or what? - A. I should suppose five pounds.

Q. You will venture to swear they are worth more than forty shillings? - A. Yes.

Q. Be so good as look at all the spoons? - A. They appear to be all alike.

Mr. King. I wish to give some account of the prisoner, I think I owe it to the prisoner; and Mr. Moss, the son of the Bishop of Bath and Wells, is here also, who wishes to speak for him; he was two years a livery servant of the Bishop of Bath and Wells, where I first knew him, and it was from his exemplary conduct there that I took him into my service; during the short time he was in my service, I believe about two months, I think, not more, but during that time, and from the knowledge I had of him before, the Bishop being my father-in-law, from that recommendation, I have, previous to this time, trusted him with money; upon one occasion, I sent him with a hundred pounds to a Bankers, he faithfully delivered it; and had frequent opportunities, if he had chosen, of robbing me; and he not only behaved very well in other respects, but since this unfortunate circumstance happened, I have taken some pains, and, as far as I can find, except this one crime, which he now stands charged with before your Lordship, I cannot find that he not only has not committed a crime, but I cannot find the slightest misconduct in him, except that of turning from a very honest man to commit this great crime.

Q. How came he to leave you? - A. He was in my service at the time of committing this crime, he had not quitted me.

Prisoner's defence. My Lord, I have little to trouble your Lordship with; however strong appearances are against me, if I omit the last few weeks, I can look back upon my past life without shame or remorse.

For the Prisoner.

Rev. Mr. MOSS sworn.

Q. I understand, from Mr. King, that the prisoner lived with your father, the Bishop of Bath and Wells? - A. Yes, two years; and during that time, he was a most excellent servant in every respect: very well behaved, very sober, and very honest; he had a wife ill for a long time, I believe about twelve months, in a very long and expensive illness, and he was obliged to support her out of his wages; we always had the highest opinion of his honesty.

GUILTY . Death . (Aged 28.)(The Jury recommended him to his Majesty's mercy on account of his good character).

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

Reference Number: t17960511-11

327. JAMES PETTY was indicted for burglariously breaking and entering the dwelling-house of Thomas Barney , on the 9th of April , about the hour of nine in the night, and stealing a black silk gown, value 5s. a black silk petticoat, value 5s. two silver table-spoons, value 12s. a salt-spoon, value 1s. five guineas, and ten shillings, in monies numbered, the property of the said Thomas Barney, in his dwelling-house .(The witnesses were examined apart, at the request of the prisoner).

THOMAS BARNEY sworn.

I am a hair-dresser , No. 165, High-Holborn . On the 9th of April, about half an hour after eight, I thought I heard an alarm of somebody over head, my wife went up stairs directly, and as soon as she had got up stairs, she halloaed out "stop thief;" I ran out at a little door at the side of the stair-case, and as soon as I opened the door, I met the prisoner, and he knocked me down; that is ali I know of it.

Q. How do you know it was the prisoner? - A. I saw him, I am sure he was the man; a person that was in the shop ran out and took him at the door.

Cross-examined by Mr. Jackson. Q. Is it your house? - A. Yes.

Q. You let it out in lodgings? - A. Yes.

Q. What door was this you speak of? - A. A little door that goes out of the passage to the stairs.

Q. It was a very dark night? - A. Yes.

Q. And the prisoner, as you suppose, knocked you down? - A. Yes.

Q. It was rather a tumble, was not it? - A. Yes, we were both down together; but my head was cut through it.

Q. There was no light in the passage? - A. No.

Q. It was all in a minute, and very dark? - A. Yes.

Q. All you know about it is, that some man came down in this dark passage and tumbled over you? -

Court. No, no, don't mislead the witness, he said he was knocked down.

Q. Were you or not knocked down? - A. I was.

Q. By the person that was seized near your shop? - A. Yes.

Mr. Jackson. Q. Did you tumble down or not? - A. No; I was really knocked down.

Q. The person tumbled down with you? - A. Yes, when I got hold of him at the foot of the stairs.

Q. Do you mean that the man knocked you down with his fist, or tumbled over you? - A. I cannot tell.

Q. You can tell whether he aimed a blow at you or not? - A. I cannot say, I was so much agitated.

Q. Perhaps the agitation of your spirits was such you could not tell? - A. I know that I fell down, and the prisoner fell with me.

Q. All this passed in a moment? - A. It was done in a minute.

Q. And the passage was extremely dark? - A. Yes.

Q. When you say it was the prisoner, do you say it from that momentary observation of him in a dark passage, or because that was the man that was brought back to you? - A. He was taken in the passage at the time.

Q. Do you mean to say, that he had not passed the passage; could you see whether he was within or without the door? - A. He was within the door.

Q. It is a door to the street, is it not? - A. Yes.

ELIZABETH BARNEY sworn.

I am the wife of the last witness: on the 9th of April, we were busy in the shop, the shop was full of customers; my husband said, he thought he heard somebody over head; I went up stairs and found the door of the one pair of stairs front ran a litle bit a-jar, about the width of my finger, I clapped my hand upon the lock of the door, a man opened the door, looked me right in the face, and ran out of the room down stairs, I ran after him, as hard as I could, I cried out, "stop-thief, stop thief;" my husband ran out at the little door at the foot of the stairs, and caught the man in the passage; I saw my husband have hold of the man, and then the man knocked him down.

Q. How did he knock him down? - A. I don't know; the man was got off the stairs before my husband laid hold of him, and got rather out of my sight; I came a little way down, and then I saw my husband have hold of him, and he knocked him down; I then went up stairs, and missed a black silk gown and petticoat, a mode cloak, a black sattin long cloak, two table spoons, one salt spoon, a a dark cotton gown, five guineas in gold, and ten shillings in silver; when I went into the room, I saw this little box (producing it), rested upon the side of the bed, which was close to the door, and a pair of stays at the top of it; it was, before that, in the third drawer from the top, in a mahogany chest of drawers; I did not see any of the things again till last Monday, when a boy brought a pair of table spoons that answered the description of our's, but they were bent double, and a salt spoons; I don't know who the boy was, my husband and I were both out, they were directed No. 165, High Holborn, out side the paper.

Q. When had you seen these spoons and these things? - A. This was on the Saturday; and I saw them about an hour before I missed them, when I dusted the beauset, and I saw all these things safe in the drawers when I left the room, about half after seven o'clock.

Q. When you heard a noise a over head, did it appear to be one person or more? - A. I did not hear it myself, only from my husband.

Q. (To Mr. Barney). Did it appear to you to be more than one? - A. I cannot tell.

Q. (To Mrs. Barney). How was it possible for any body to get into your house at that time? - A. I cannot tell.

Q. They could not go through the shop? - A. No; they must have gone through the passage, the passage door always stands open till eight o'clock, and then it is generally shut; on a Saturday night it is generally open later; when I left the room, I put the little dog into the room, and double locked the door.

Q. Was that lock broke or unlocked? - A. It was unlocked or picked by a picklock, I cannot tell which.

Q. What was the value of the things you lost? - A. I cannot say.

Q. Will you venture to swear that all the property you lost was worth 40s? - A. Yes; I can swear that all the property I lost was worth 15l.

Cross-examined by Mr. Jackson. Q. Your house was full of lodgers? - A. Yes.

Q. You were extremely alarmed, I suppose, at the moment? - A. I was.

Q. And in that moment, perhaps, hardly can tell whether two or three, or four men rushed by you? - A. To the best of my knowledge, there was but one; light was knocked out upon the stairs when the man ran by me.

Q. Are you quite clear whether one or two persons rushed by you? - A. There might be one or more, I cannot say positively.

Q. I believe, at first, when the man was examined before the Magistrate, you expressed some doubt whether that was the person or no? - A. I would not wish to say it was the person, without I was positive sure it was.

Q. And you expressed some doubt upon that account? - A. I said, I believed it was, and I believe so now.

Q. What is the value of the gown? - A. The gown cost me four guineas; I had wore it but twice since it was made.

Q. You cannot say whether the man struck your husband, or whether he sell with the prisoner? - A I saw him raise his hand to my husband, but whe ther he hit him I cannot say.

Q. (To Mr. Barney). Was any property found upon the prisoner afterwards? - A. None at all.

Mr. Jackson. Q. Were there one or more persons rushed down? - A. I cannot say, I saw but one.

MARY SPARKS sworn.

I lodge in the prosecutor's house; as I was coming down stairs, I met the prisoner at the bottom of the stairs, he went by me, and in about half an hour after that, there were thieves cried out from the one pair of stairs; I lodge in the two pair of stairs backwards, and when I came down stairs, the prisoner at the bar was in the shop; I said, that was the man that I met upon the stairs.

Q. You are sure that is the man you met going up stairs? - A. Yes; there was another man behind, they both went up stairs, but I did not see any more than one afterwards.

Cross-examined by Mr. Jackson. Q. The house is full of lodgers, I understand? - A. Yes.

Q. Of course you did not know but they were going after some of them? - A. No, I did not.

Q. What time in the evening was it? - A. About eight o'clock.

Q. Had you a candle in your hand? - A. No; there was a light from the door, at the bottom of the stairs.

Q. Perhaps it was light enough for you to see? - A. Yes.

THOMAS WILLMERS sworn.

I live in Queen-street, Bloomsbury; I went into Mr. Barney's to get shaved and I heard thieves cried but; I ran out into the passage, and I was knocked down; I recovered myself again, and caught that gentleman there, the prisoner.

Q. Before he got out of the passage? - A. No, in the street.

Q. Was he ever out of your sight? - A. No, not at all; I took him back to the shop, a constable came and searched him, there was no property of Mr. Barney's found upon him.

Q. Were there any keys, or any thing of that sort found upon him? - A. Not that I know of, I did not see any.

Cross-examined by Mr. Jackson. Q. You are sure he was in the street? - A. Yes; and he was not out of my sight at all.

WILLIAM SAUNDERS sworn.

I live at the King's-head, Holborn; I am an officer; I was sent for and searched the prisoner; I did not find any thing upon him that led to any discovery of the articles lost; I found only a knife upon him.

Prisoner's defence. I leave it to my Counsel.

For the Prisoner.

ROBERT COOK sworn.

I live in Mr. Barney's house, I am a telescope-maker.

Q. Do you know anything of this alarm? - A. Yes.

Q. Did you see any persons rush down stairs? - A. No; I was going to my mother, there was a piece of work, and a cry of murder and thieves, and I saw two men run out of the passage; I was below stairs in the back room, I saw two men run out and turn to the right.

Q. Was it long before any person was brought back? - A. Yes; I helped to bring the prisoner back.

Q. Was the prisoner one of them? - A. I cannot say.

Q. To the best of your belief was he one of them? - A. I cannot say.

Court. Q. What did he say when he was brought back, did he give any reason for being in the house? - A. He said he was coming past this house, and was knocked down by two men coming out; I saw him down upon the ground in the road.

Q. Were there many people running? - A. No; the prisoner then got up, and walked the other side of the way, the man that had hold of him was half shaved, he laid hold of one collar and I the other.

Q. Do you think he was one of the fellows you saw in the passage? - A. I cannot say.

ELIZABETH MORGAN sworn.

I live in Mr. Barney's house with my father and mother; I was coming down stairs to go to the mangler's; as I came down stairs, Mrs. Barney in one hand and the key in the other; as she was putting the key in, a fellow rushed out and gave me a blow on the lip; I halloaed out murder and thieves as loud as I could; I ran down stairs directly, and he knocked me down in the passage; Mr. Barney was a-top of me; they knocked him down a-top of me; my brother came down stairs when they were a-top of me.

Q. Look at the prisoner, do you know whether he was the person? - A. I can be upon my oath he was not the person that knocked me down, because the gentlewoman had a candle in her hand, and I saw that he was a very short man, with a very thin visage, and I said that immediately the man was brought in.

Saunders. My wife came to me to beg me to follow two men who came from the prosecutor's house with a bundle, but they were gone too far for me to overtake them, and being so dark, I could not see which way they turned; one of them, she said, had got a bundle under his arm, apparently black, and was running very fast.

Q. (To Mrs. Morgan). You have lived in the house some time? - A. Yes; my father has lived in the house six years.

THOMAS WHITFIELD sworn.

I have known the prisoner seven months; he lodges in my house in Crown-street, Soho; he always paid me very honest; he is a carpenter by trade, and I never heard any body say a word against him.

Court. (To Willmers). Q. You say you were knocked down in the passage? - A. Yes.

Q. Can you tell who you were knocked down by? - A. No, I cannot, I got up instantly.

Q. Did you see after you got up any body in the passage? - A. Yes, I saw Mr. Barney.

Q. But did you see the prisoner? - A. Yes, I saw him go out at the door and followed him.

Q. Are you sure that the person you saw go out at the door was the prisoner? - A. Yes.

GUILTY

Of stealing to the value of 40s. - Death . (Aged 32.)

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

Reference Number: t17960511-12

328. THOMAS HUMPHREYS was indicted for feloniously stealing on the 26th of April , a carpet, value 30s , the property of James Dupree .

JAMES DUPREE sworn.

I live in Middle Moorfields ; I am a dealer in carpets and other furniture ; On the 26th of April, after five o'clock, I lost a carpet; I do not know any thing of its being taken; I did not miss it, but my shopman saw the prisoner take it out of the shop.

WILLIAM FERRIS sworn.

I am shopman to the last witness; I saw the prisoner bring a carpet under his arm; I pursued him and took him with it under his arm; I asked him where he was going with it; he told me that a gentleman asked him if he wanted a job, and told him he would give him a shilling to take this carpet to the Mulberry Tree, in Whitecross-Alley; he asked me if it was my property; I told him it was my master's; he smacked the carpet down upon the ground, and damned me and the property too; he ran away, and I immediately took him; I took up the carpet, and have kept it ever since separate from any other (produces it).

Q. That is a common pattern, is it not? - A. Yes.

Q. Did you examine the stock, to see if any carpet was missing? - A. No, but I can swear to it from the mark J W U P.

Prosecutor. This is my carpet.

Q. Did you examine your stock to see if it was missing? - A. No, my stock is too large to take stock often; I keep a list as near as I can of what carpets I have in hand, that I may not buy too many of one sort, and not have enough of another; I remember the carpet perfectly well; it is rather an uncommon size; it is longer than usual for the with.

Prisoner's defence. I was looking out for a stall to work in; a gentleman was standing at that gentleman's door, and asked me if I wanted a job; he desired me to take this carpet to the Mulberry Tree, he helped me up with it; I never was in the shop in my life; I never swore nor threw the carpet down at all.

GUILTY . (Aged 51.)

Confined six months in the House of Correction , publickly whipped , and discharged.

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

Reference Number: t17960511-13

329. THOMAS MATTHEWS was indicted for feloniously stealing on the 19th of April , a japan tea tray, value 10s. a steel sender, value 6s. two brass jack wheels, value 10s. twenty three iron table spoons, value 6s. an iron stove, value 14s. twelve metal desert spoons, value 2s. four engraved desert spoons, value 1s. nineteen metal tea spoons, value 2s. four iron tea spoons, value 6d. four pair of steel snuffers, value 16s. one pair of steel extinguishers,

value 2s. two steel cats, value 7s. 6d. one thousand brass nails, value 4s. four pair of plyers, value 1s. 6d. five forks, value 6d. a pair of scissars, value 6d. a fret, and set of bars, for a stove, value 5s. twenty pounds weight of brass, value 15s. one hundred and twenty-two pounds of lead, value 16s. three metal candlesticks, value 2s. 6d. an inlaid tea-caddie, value 2s. 6d. a Pontipool japan sugar bason, value 3s. an iron key, value 6d. a pistol tinder-box, value 2s. a Pontipool japan cream-pot, value 1s. 6d. and an iron footman, value 6d. the property of Robert Jackson and John Moser .

JOHN MOSER sworn.

I am in partnership with Robert Jackson; we are considerable manufacturers ; we keep a large warehouse in Frith-street, Soho; the prisoner is a journeyman-smith in our manufactory; we have missed goods in the workshop frequently; and, on the 19th of April, when I returned home, in consequence of information I received, I went to the prisoner's lodgings about nine o'clock in the evening, with James Bunyon ; we found him at home; we desired him to open his drawers, the bottom drawer was locked; he said, the key was at the workshop; I said, never mind, break it open, and he helped to break it open, and we found the articles mentioned in this indictment; our shopman took an inventory of the things, and we took him, and sent for a constable, and had him committed; the goods were exhibited at Bow-Street; from there they were taken to the constable's, and from the constable's they were brought here.

Cross-examined by Mr. Ally. Q. Are there any other persons concerned in your business besides Mr. Jackson? - A. None at all that have any property in the concerns; we have none but hired servants besides ourselves.

Q. You have a great number of workmen? - A. Yes.

Q. And your trade is a very extensive one? - A. Yes.

Q. Of these articles there were a great quantity of each, in your warehouse, besides? - A. Yes.

Q. And, of course, you are in the habit of selling a great deal? - A. Yes.

JAMES BUNYON sworn.

I am shopman and assistant in the house of Messrs. Jackson and Moser. On Saturday, the 16th of April, about four in the afternoon, I was desired, by Baker, to look in the books, and see if a stove was missing that belonged to a customer, my master was answerable for it; I missed the stove from the apartment where it was deposited, it was removed from thence to another part of the manufactory, in part only; I desired him not to say any thing then, I wished to go to measure the front of the stove, as it laid behind the lathe, and when I went to measure it it was gone, the hobs were still remaining; that was on Tuesday, the 19th of April. I called the prisoner into the warehouse, and challenged him with taking the stove; and I went with him, as he returned from his dinner, and saw it at his lodgings; I told him, I was convinced in my own mind that it was a stove belonging to a customer; on his acknowledging the stove to have been taken away wrongfully, I wished him to bring it back, and I would mention the case to Mr. Moser in as favourable a light as I could.

Q. Had not you recommended it to him to acknowledge this stove? - A. I taxed it so closely, that I told him it was of no use to deny it; there was a mark in it that I could swear to it by; Mr. Moser returned from the country about eight o'clock, this might be about half after seven, I informed him of the transaction; we went to the prisoner's apartments, and found all the articles mentioned in the indictment; he himself assisted in opening the drawer where many of them were locked up; they were deposited with the constable, and are now in Court.

Cross-examined by Mr. Ally. Q. I take it for granted you have no knowledge of this stove, which you say belonged to a customer, but from the books? - A. Only by a mark upon the stove, done in white lead, which, I think, was marked by myself; there is always a mark put upon every customer's goods that are brought.

Q. But, I take it, these marks are not erased when you return them to your customers? - A. Very seldom.

Q. Therefore, in fact, you have no knowledge of this stove only from this mark now, and a recollection of it from looking into the books? - A. No other.

Q. You spoke to the prisoner, and the prisoner, in consequence of your having told him you would represent it as favourable as you could, he did tell you this? - A. It was in consequence of that.

Q. It was in consequence also of this same encouragement that the prisoner led you to his lodgings, and discovered every thing else? - A. Very far from it. I told him, it was of no use to deny it, I was not in his apartment when I saw the stove, it was in the yard; he said, it was a stove of his brother's.

Q. The prisoner lived a long time in your place? - A. About three years.

Q. You generally receive characters with persons you take into your factory? - A. No; we don't with our workmen.

JAMES BAKER sworn.

I saw the prisoner, about six o'clock on Wednesday of Thursday morning the 13th or 14th of April, come a-cross the yard with a body of a stove in his

hand; I said, Matthews, that stove does not belong to Mr. Moser, it belongs to a customer; he said, it does not; he said, it was a stove he had to do for a person, he did not say who that person was; I then went up into the lost where he worked, and he said, Baker, that stove belongs to me; and I brought it here to ask leave to cut the front; I said, very well, and took no further notice of it that day; the next day, I went up and saw the body of the stove hid; I, that evening, went into the room were these stoves were kept, I saw the stoves had been altered from where I had put them before myself; I found the front of a stove hid amongst some other things. On Saturday morning, I went to see whether the front of the stove was taken away, and it was gone; I then saw it hid behind a lathe, under his vice-board; I then communicated the circumstance to the clerk, and we referred to the book, and found one stove deficient. On Saturday evening, when the men were in the shop to be paid, I saw the prisoner bring the front of the stove in his arms, I went into the yard, and in about two minutes, or two minutes and a half, he took the front of the stove through the shop, quite away; then on the Tuesday following, I was in the wareroom, and I called him into the ware-room, and taxed him about the stove, several times, and he denied it; I told him I was positive it was the stove; he then said, he could not say it was not; I then persuaded him to bring it back, that I thought it would be a great deal better if he would bring it back; and he then went down stairs, and fetched it back; that is all I know about it, excepting seeing the other things in his room, and helping to bring them away to the constable's.

Q. Then he brought it back from his own house? - A. Yes, on the Tuesday evening.

Cross-examined by Mr. Ally. Q. The same stove was brought back by the prisoner on the Tuesday? - A. Yes.

Q. It was after Baker had seen it at his house? - A. Yes.

Q. Now you tell us that this is the stove, and you know nothing about it, except what you derive from the books? - A. Yes; I have the care of the stoves, and have the putting them away.

Q. But you did not look particularly to the description of each stove that you happened to put by? - A. Each ticket has a number put upon the back of it.

Q. I ask if you have any particular knowledge of the stove from its own appearance, after you had put it with the other stoves in a place of security? - A. None at all, only by the measure.

Q. There are a great number of men that work over these premisses? - A. Yes.

Q. There was no privacy then, I suppose? - A. No.

Q. It was nothing extraordinary that it should be placed under his vice-board? - A. No.

Q. Your master comes in and out among the men? - A. Yes.

Q. From one bench to another, and from one vice-board to another? - A. Yes.

Q. Did not you tell this man he had better abscond? - A. Yes; I told him he had better go off the premisses, and not be seen any more.

Q. He did not take your advice? - A. No; I did not advise him to run away, but I told him I thought he had better leave the premisses for his own character's sake, that it might not be spread among the trade; and I dare say Mr. Moser might look over it.

- LEDIARD sworn.

I am a jack maker, I was at work upon five brass jack wheels, and I lost two of them from the nails where I hung them up, over the vice board; I do not know them, except by comparing them with others, they are in Court; I saw them again about a fortnight after I missed them, the next day, or the day after that they were taken from the prisoner.

Cross-examined by Mr. Ally. Q. Where did you find these jack wheels? - A. Among the rest of the property, but I did not find them.

Q. Your smoak-jacks are not of a particular construction I take it? - A. No; I believe them to be the same, they correspond with others that we have, exactly in size.

Q. Are there not five hundred and fifty thousand more of the same size? - A. There may be.

RICHARD GREENHILL sworn.

I am an officer; Messrs. Moser and Jackson sent for me on Tuesday night about nine o'clock; we went to the prisoner's house and found this property in different places, some of it hid in the bed; I have had them ever since; (produces the jack wheels).

Lediard. These are the wheels I saw at the office in Bow-street, (another produced to prove the correspondence).(The other articles in the indictment produced in Court).

Q. (To Bunyon). Q. Was there any thing about that stove that you saw in that man's yard that you can swear positively to? - A. No.

Moser. The other things have all our shop mark.

Bunyon. Here is a pair of snuffers with my own mark upon them.

Q. Can you swear to any of the articles as not having been disposed of from your manufactory? - A. The principal part of the shop marks are my

own writing; this bundle of nails I can swear to not having been disposed of from our manufactory or warehouse; there have been no nails of that description sold for a long time, they were a dead stock on our hands.

Mr. Ally, Q. Are the nails the only things you have to swear to, and that because none have been sold for a long time? - A. Yes; we are not in the habit of selling much by retail, what we fell is generally booked; I do not think there have been any of these nails sold since I have been with Mr. Moser, which is seven years, and this mark is put on every year when we take stock.

Q. You will not take upon you to swear that some other person might not have sold these nails? - A. No.

Q. And you can have no more certainty of these other things? - A. No.(The prisoner 1st his defence to his Counsel, and called three witnesses, who gave him the best of characters).

GUILTY . (Aged 23.)

Transported for seven years .

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

Reference Number: t17960511-14

330. ANN NORTON was indicted for feloniously stealing, on the 27th of April , twelve yards of silk ribbon, value 4s. the property of Robert Dyde and Achilles Scribe .(The case was opened by Mr. Knowlys).

ACHILLES SCRIBE sworn.

I am in partnership with Robert Dyde , in Pall-Mall : On Wednesday the 27th of April, about four o'clock in the afternoon, the prisoner was in our shop; there was a drawer of ribbon upon the counter; I saw her put her hand into the drawer, and take out a piece of ribbon and put it into her pocket, I called to the clerk. Mr. Warr. and told him to take this woman up stairs, for I saw her take a piece of ribbon and put it in her pocket; I did not go up stairs with her, I went up stairs afterwards, she had then been searched; I saw two pieces of ribbon upon the counter up stairs, which I knew to be mine.

Q. At that time was there your shop mark upon them? - A. No, there was not; there were the little pieces of paper with the shop mark upon them upon the table near the ribbon.

Q. What is the value of it? - A. The piece with the mark upon it is worth about one shilling; she said it was the first time she had done a thing of that sort, and begged I would not prosecute her.

MATTHEW WARR sworn.

I am clerk to Messrs. Dyde and Scribe: On the 27th of April, about four in the afternoon, Mr. Scribe called to me to take the prisoner out of the shop, for he had seen her put the ribbons into her pocket; her hands were in her pocket; I took her by the arm, and desired her to go along with me; I made her go before me up stairs, and watched her very narrowly for fear she should throw any thing from her; her hands were in her pockets the whole time of going up stairs; I met Mr. Dyde at the top of the stairs; I went into the drawing-room, and Mr. Dyde ordered her to turn her pockets; she scrupled to do it, persisting that she had no ribbons about her; Mr. Dyde then said he would send for a constable; she said, there was no occasion to do that, and desired me to search her pocket, which I did, and took out two lengths of ribbon upon the blocks, upon which I made immediately three scratches with scissars, that I might ascertain them again; immediately upon my taking these ribbons from her, she fell upon her knees and begged for mercy; Mr. Dyde gave her some little encouragement if she would tell where she lived; we sent for Jackson, the constable, in Marlborough-street; when he came, he was ordered to search her again, which he did more particularly; I did not understand searching her as well as he did; he turned her pocket inside out, and I saw some bits of paper fall out of her pocket which I had been looking for about the ground; I picked up one bit which exactly suited one of the blocks and matched; a part was torn off, and on which Mr. Scribe says there is his handwriting; I cannot undertake to swear it is his hand-writing, because it is but a single letter.

Jury. Then you think she tore this paper off the block in her pocket as she went up stairs? - A. I have no manner of doubt of it.

Q. Can you swear to the ribbons at all? - A. I cannot; I do not know any thing at all about the goods; I don't serve in the shop.

WILLIAM JACKSON sworn.

I am one of the officers belonging to Marlborough-street: I was sent for to Mr. Scribe's on the 27th of April; I searched the prisoner's pockets, she had been searched before; I found no property upon her but some bits of paper, one of which was picked up by Mr. Warr (produces the ribbons and a piece of paper): I have had them ever since.

Mr. Knowlys. (To Mr. Scribe). Q. Whose hand-writing is that piece of paper? - A. It is my hand-writing, it is my private shop mark.

Prisoner's defence. I have nothing to say; I leave myself to the mercy of the Court.

GUILTY . (Aged 39.)

Confined twelve months in the House of Correction , and fined 1s.

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

Reference Number: t17960511-15

331. WILLIAM THOMAS was indicted for feloniously stealing, on the 21st of April , fourteen ounces of bark, called Jesuits-bark, value 3s. the property of Thomas Jones .

THOMAS JONES sworn.

I am a chymist and druggist , in Ratchiff-highway; the prisoner was my servant : on the 27th of April, in consequence of some information from one of my young men, I searched the prisoner's department where he worked; I saw my young man take out a paper parcel hid among some tow in the engine-house; we left it in the same state we found it, till the prisoner's time of going off at night; I told one of my men to look close after the prisoner, and another to see if the bark was gone from the place where it was hid; I do not know, of my own knowledge, whether it was missing or not; I had bespoke an officer to be there by eight o'clock; I desired the prisoner and the other man to walk back, I wanted to speak to them; I got them into my accompting-house, and the officer came in immediately; I accused the prisoner of robbing me, and he said, he had not; he asked me, of what, I told him, some bark; he said, he had no bark; I gave charge of him to the officer, and desired he would search him before me; when the officer began to search him, he declared directly that he had got some bark; the officer took it out of his breeches, and he was taken to Justice Staples's office; I asked him to tell me where he lodged, and he took me to a house where he had not slept for a week, he had got another lodging which he would not tell me.

THOMAS KNIGHT sworn.

I am shop-man to the prosecutor: on Thursday the 21st of April, I suspected the prisoner of stealing some bark, and when the men were all gone to dinner, and nobody else in the house but myself, I went to the box where the bark was, and placed it in such a situation, that nobody could take any of it without my missing it; the prisoner, came to his work, and went to the mill; in about ten minutes, I went to the mill; I met the prisoner, but took no notice of him; I looked at the box, and found there was some of it gone; I immediately told Mr. Jones, and he desired I would not say any thing about it till the evening; I found some bark concealed under some dirty tow; I shewed it to Mr. Jones, and he desired me to cover it up as it was before, as near as I could; there was not notice taken of it till the men went away, and then I went to the place where it was concealed, and found it was gone; Mr. Jones sent a man after him, he was brought back into the accompting-house, I saw him searched, and the bark taken from him.

ROBERT JAMES sworn.

I am servant to Mr. Jones; I only saw the property taken from the prisoner in the accompting-house; he denied having it, at first, till the officer proceeded to search him.

JOHN COOK sworn.

I am an officer belonging to the Police-office, Shadwell; (producing the bark); I took this from the prisoner, I have had it ever since.

Q. (To Jones). Is that your bark? - A. It is impossible for me to say.

Q. Was that the sort of bark that was missing? - A. Exactly.

Q. Knight. I cannot swear to the bark, it is exactly the same quality, and the same species of bark.

Prisoner's defence. As I was coming from my dinner as usual, it was within a quarter of two o'clock, I found the parcel within a yard of the door, in the alley, and I picked it up.

GUILTY . (Aged 41.)

Confined in the House of Correction twelve months , and fined 1s.

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

Reference Number: t17960511-16

332. BENJAMIN SAMUEL was indicted for feloniously stealing, on the 2d of May , two hats, value 20s. the property of John Field .

JOHN FIELD sworn.

I keep the Marquis of Granby, Castle-street, Oxford-market ; I missed two hats out of the hat-boxes; I had one of them on the night before, which was Sunday night, the 1st of May; the prisoner came in and called for a pint of beer, about seven o'clock in the evening; it was carried to him into the parlour where the hats were; he paid for it, and as he came out, he hit his leg against the chair, or bar door, or something, and that caused me to look over the bar door, and I saw his hand close to his side, with two hats; I immediately pulled the hat-boxes down, and the hats were gone; I pursued him immediately, he was never out of my sight, he turned into a public-house, I went in after him, and took them from him; he wished to go back with me, and send for his old woman to make it up; I delivered the hats to the constable.( William Jackson , a constable, produces the hats).

Field. These are my hats, I know them by the marks.

Cross-examined by Mr. Jackson. Q. You followed him, and saw the hats in his hands? - A. Yes.

Q. Did he attempt to conceal them in the street? - A. I cannot say.

Q. What is his line of life? - A. He deals in old cloaths and hats, and I suppose he wanted some cheap.

Q. When you asked him about hats, did not he tell you he had purchased two in the course of the day? - A. No.

Q. Do you know what old woman he meant? - A. No, it is impossible for me to say; he wished to make it up.

Q. You did not take him up at that time? - A. Yes, indeed, I did; I brought him to my own house immediately.

Q. Did he appear collected in his mind at the time? - A. As much so as he is now, for any thing I know.

JOHN HANWOOD sworn.

On Monday the 2d of May, I was standing in the tap-room of the Horse and Groom, in Winchester-street, when the prisoner came in about seven o'clock in the evening, with two hats in his hand; my master asked him what he wanted, he said he was looking for a friend, and Mr. Field came in immediately, and said, he was his prisoner; the prisoner at the bar made answer directly-pho! pho! let me go home to your house, and I'll send for my old woman directly, and we will settle it; and Mr. Field said, no, no, I shall stand no nonsense; and Mr. Field immediately took him home.

Prisoner. I leave my defence to my Counsel.

For the Prisoner.

SAMUEL JACOBS sworn.

I have known the prisoner twelve years; for two or three years I have lived near him; I have often lent him sums of money, which he always paid me very honestly; and, within this year or two, he has alarmed the neighbourhood, by squealing, and setting the place in an uproar; he has attempted to make away with himself several times; he came home, about three weeks back, in the afternoon, and went up very quiet; when, all of a sudden, in the middle of his victuals, there was an alarm, for God's sake, run after my husband, he is taken very ill, and is going to make away with himself.

Court. Q. Upon your oath, do you mean to say, that man is so out of his senses, as not to know what he does? - A. Upon my oath, I have seen him in that situation; I have offered his wife a guinea to ask advice for him.

Court. Q. What are you? - A. A merchant.

- COHEN sworn.

I am a merchant; I have know the prisoner nine years, and upwards, he was always a very honest, fair-dealing, upright man; about a month, or three weeks past, on a Friday, between two and three o'clock in the afternoon, I looked out at the window, and saw the prisoner and his wife, and a whole mob round him; I went down to see what it was, he wanted to go to Tower-hill to drown himself.

Court. Q. Do you mean to say this man is so insane that he does not know other people's property from his own? - A. He is very often out of his senses, the whole neighbourhood know it.

Court. No felon could ever be convicted if such evidence was to be admitted.(The prisoner called two other witnesses, who gave him a good character).

GUILTY . (Aged 52.)

Confined six months in the House of Correction , and fined 1s.

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

Reference Number: t17960511-17

333. MARY WEBB was indicted for feloniously stealing, on the 29th of April, a child's cotton frock, value 1s. 6d. a cotton shawl, value 1s. and a linen shirt, value 1s. the property of George Scroggs .

MARY SCROGGS sworn.

I hired the prisoner, out of Spitalfields-market, to nurse my child, on the 26th of April, and on the 29th, she robbed me: she was in a back room washing some dishes, about eight o'clock in the morning, and these things were in a back room; she went to throw some dirty water away, I thought she staid a great while; I went to look for the things, and found they were gone; I went to look for her, and she had left a saucepan, that she took with her, upon the stairs; I saw her again the next night, in Spitalfields-market; I did not speak to her, but went home and told my husband of it; he went, and held her till the patroles came and took her; two duplicates were found upon her.

THOMAS RICHARDS sworn.

I am a patrole: On Saturday, the 30th of April, I took the prisoner; in searching her at the watch-house I heard a box fall, and in examining it, I found two duplicates, (producing them); I asked her where the shift was; and she said she had left it at her lodgings, in Rosemary-lane, for a shilling; I went to the pawnbroker's, and found the frock and shawl.

HENRY POPKIN sworn.

(Produces the frock). It was taken in pledge from a woman; I do not know whether it was the prisoner or not.

THOMAS KIRLING sworn.

(Produces the shawl). I took this in of a woman; I do not know who it was. (They are deposed to by the prosecutrix).

Prisoner's defence. I have not any thing to say.

GUILTY .

confined six months in the House of Correction and fined 1s.

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

Reference Number: t17960511-18

334. ANN CARLETON was indicted for that she, on the 22d of March , five pieces of mille money, each counterfeited to the likeness of a six

pence, not being cut in pieces, did put off to Eleanor, the wife of James Johnson, at a lower rate than the same did import .(The case was opened by Mr. Cullen).

ELEANOR JOHNSON sworn.

I am a woman that goes out a chairing; I know the prisoner; I went to her house, in a court in Portpool-lane, Leather-lane : On the 22d of March, I went along with a person to buy some counterfeit sixpences; the person that was with me asked if she had got any little ones; she said, no, she had none by her at that time; the person said, you may as well let her have some; we waited a little time, and in came a man, and he went up stairs with Mrs. Carleton, and she brought down a paper in her pocket with some money in; and then she said, she would not let the person that was with me have any, but she would let me have some; I asked her for a shilling's-worth; she gave me five, and then we came away. (Produces them).

Q. You went for the purpose of detecting this person? - A. Yes; and I communicated it to the Magistrates at the Public-office.

Cross-examined by Mr. Knapp. Q. You went for the purpose of detection? - A. Yes.

Q. How many prosecutions might you be in that day? - A. I went to four places that day.

Q. Pretty good trade; how much are you to get for this? - A. I expect my day's pay.

Q. What is your day's pay? - A. Two shillings.

Q. Two shillings a head? - A. No.

Q. How often have you been a witness before? - A. Never before.

Q. Who were you employed by to do this? - A. The beadle of Hackney parish.

Q. Then you mean to say, that you did this merely for the good of your country? - A. Yes.

Q. Now, when you went to this house, you knew what you were to ask for? - A. The person that was with me asked for them.

Q. You knew before you went what you went for? - A. Yes; I went to buy some for the Hackney people.

Q. And you were told, I suppose, to ask for whiter? - A. No, little ones.

Q. This woman absolutely refused to let you have any till the man came in? - A. Yes.

Q. Do you know who that man was? - A. No.

Q. Will you swear it was not her husband? - A. No, I don't know; because I never saw the man not the woman before; and when he came in, she said your waistcoat is done, sir.

JOHN ARMSTRONG sworn.

I had a warrant to apprehend the prisoner in half-moon-alley, No.1, Portpool-lane: On Thursday, the 14th of April, I went with Peach and Ferris, I had had the warrant some time in my pocket; Mrs. Carleton seemed very much alarmed, and seeing her situation, I disired her to sit down, that I must search the house; she said with all her heart; I found nine-penny worth of bad halfpence, and five one shillings papers of halfpence, but no silver.

Q. Look at these sixpences, and see whether they are counterfeit, or good? - A. Yes, they are counterfeit.

Cross-examined by Mr. Knapp. Q. Did you search the woman? - A. Yes.

Q. Did you find any good silver? - A. Yes.(The prisoner left her defence to her Counsel, and called Daniel Dolley , who keeps a public-house upon Holborn-hill, who had known her three years and gave her a good character).

NOT GUILTY .

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

Reference Number: t17960511-19

335. MARY JOYCE was indicted for that she on the 22d of March , five pieces of milled money, each conterfeited to the likeness of a sixpence, not being cut in pieces, did put off to Eleanor, the wife of James Johnson , at a lower rate than the same did import .(The case was opened by Mr. Cullen).

ELEANORJOHNSON sworn.

On the 22d day of March, I went to the prisoner's house, I never saw her before; I went to her house along with another person, and the other person asked where Mrs. Joyce was, they said, she was not at home; we staid till she came in; in the mean time, a man, in a brown coat came in, and asked for her, and when she came in, the man asked her if she had got any thing, and then she put her hand to her pocket, and pulled out a brown paper; she laid it on the table, and that same man picked out fifteen little ones, as he called them, and he gave her 3s. for them, and then the person that was with me, said to her, let this good woman have some, and she said, how many, I said, a shilling's worth, and she said, a very poor customer, indeed; she picked me out five, and the woman told me to let her have some French ones, upon that I took the five and gave her 1s. (produces them).

Q. Was there any other man there? - A. Yes; a man with a fore leg.

Cross-examined by Mr. Knapp. Q. You informers hunt in couples, don't you? - A. No.

Q. Another person went with you? - A. Yes.

Q. There was a man in a brown coat? - A. Yes.

Q. And till the man had said to the prisoner, have you got any thing, she did not produce any thing? - A. No.

Q. Don't you know the woman is a married woman? - A. I don't know.

Q. Upon your oath did you not hear that she was before the Grand Jury? - A. Yes.

Q. Don't you know she was indicted as a married woman? - A. Yes.

Q. When the prisoner pulled this paper out of her pocket, the man picked them out? - A. Yes; and she picked them out for me.

Q. But not till after he had picked some out? - A. No.

JOHN ARMSTRONG sworn.

I apprehended the prisoner, and found twenty-one counterfeit shillings, and twenty-four sixpences in a cupboard in the room; I found nothing on the person of the prisoner.

Q. Look at those five sixpences, and say whether they are counterfeits? - A. They are.

Cross-examined by Mr. Knapp. Q. Do you know whether this woman is a married woman or not? - A. I believe she is, I have not a doubt of it; I told her husband that I must search the place.

Q. You were not there when Mrs. Jonson was there; she was to play her part first? - A. I was not.

Q. Do you know if any body else lodges in this place? - A. I heard her say, there was a man lodged there.

Q. Did not she tell you, that this very room was let out to somebody else? - A. She did not, nor I never heard it.

Prisoner's defence. The place did not belong to me, my room was up stairs, where my husband was in bed; I have not been long in London.

NOT GUILTY .

Tried by the second Middlesex jury, before Mr. Justice GROSE.

Reference Number: t17960511-20

336. WILLIAM AUSTIN was indicted for forging, and counterfeiting, and uttering, and publishing the same as true, on the 29th of April, in the 35th year of his Majesty's reign , a certain paper, purporting to be the last will and testament of Henry Lewis, with intent to defraud Thomas Morgan .(The indictment stated by Mr. Dauncey, and the case was opened by Mr. Sergeant Adair).(See the Trial of Crossley, page 343).(The office copy of the record of the judgment in the cause tried at Hereford, Doe, on the demise of Kane and others, against Morgan, Esq. produced in Court and read).

BENJAMIN PRICE sworn.

Examined by Mr. Mills. Q. I believe you are the associate on the Oxford circuit? - A. I am.

Q. Were you in Court during the trial of the ejectment? - A. Yes; (produces the will set up by the lessor of the plaintiff); it was delivered to me by order of the Court, and I have kept it ever since for the purpose of putting the matter into a course for investigation.

Q. Were you in Court when the prisoner at the bar was examined? - A. Yes.

Q. Look at the will, and look at the name of William Austin; did you hear him depose any thing relating to that will? - A. Yes.

Q. State the substance of what he said upon that occasion? - A. He swore that he was present at the execution of it, at Isgar's house at Bath; that he saw it executed, and that Mr. Lewis signed it, and that he, and Isgar, and Bowden, signed it as witnesses; he described Mr. Lewis to have singularities in his person and his age; I knew the man myself, and he described the man exactly, as having a squeaking voice, and tossing his head about, a peculiar way that he had: it was a very close description of the man; he underwent a very long examination.

Q. Look at the signature of William Austin, what did he say about that? - A. That it was his writing; he said Thomas Bowden signed it; that he knew him, and he was there.

Q. Did he say who wrote that name of Thomas Bowden? - A. I understood him to say that Thomas Bowden himself wrote it; the third name was Joseph Isgar, and he said they were all three there, and that they all three attested the execution.

Q. Do you remember any thing that was said by him, relative to the 10th of August, the date of the will? - A. I remember he said, the testator himself filled up the blanks, the words tenth August, and 1791, were the hand-writing of Mr. Lewis, as well as Henry Lewis, and that the endorsement upon the cover was also his writing."The will of Henry Lewis, for Mrs. Kane, Monmouth."

Q. Do you remember his saying any thing about another part of that will? - A. Yes; he said there were two parts, and that Mr. Lewis left one, and took the other away with him.

Q. Did he say that both the parts were executed, or only the one you have in your hand? - A. I think both.

Q. Do you remember any question put to him by Lord Kenyon? - A. Yes; my Lord Kenyon asked him whether it was sealed in their presence, whether the wax was put to it in their presence, and whether it was sealed with wax? and he said, yes, it was sealed with wax, with a candle; upon which my Lord Kenyon turned to the Jury, and said, it was sealed with a wafer.

Q. What was Mr. Lewis? - A. A clergyman, a very honourable and respectable man, a man of property; he was a very shy man, a man of great nicety, a man of honour, and rather an odd man.

Q. Were his habits of life with those of his own

rank, or persons of lower rank? - A. With persons of his own rank.

Q. He was not in the habit of associating with persons in the situation of the prisoner? - A. No.

Cross-examined by Mr. Raine. Q. With respect to this candle and the wax, of course you don't mean to speak to every thing that passed minutely? - A. No.

Q. Did he not say he believed it was sealed with wax? - A. He said it was sealed with wax.

Q. And that he believed there was a candle? - A. I cannot speak to the particular expression.

THOMAS STOKES sworn.

Examined by Mr. Russell. Q. Were you acquainted with the late Mr. Henry Lewis ? - A. Yes.

Court. Look at the copy of the record, did you examine it with the record? - A. I did; it is a true copy.

Mr. Russell. Q. Had you been acquainted with Mr. Lewis long and intimately? - A. I have been concerned for him in business about seven years as his attorney.

Q. I believe you likewise attended the trial at Hereford, and was examined as a witness? - A. I was.

Q. Do you remember the prisoner at the bar being examined as a witness? - A. I do.

Q. What was the substance of his evidence? - A. Lord Kenyon put a question to him, what was done with the candle? the prisoner said, that it was made use of to seal the will.

Q. Did Lord Kenyon put any other question? - A. He asked whether he saw the will sealed? he said, yes; that it was sealed with wax, and that they made use of the candle for that purpose.

Q. Do you recollect whether he stated at what time of day the will was executed? - A. I don't recollect; he said it was at Isgar's house, but I cannot recollect what time in the day.

Q. Do you recollect whether it was stated by the witness to be day-light or candle-light? - A. Daylight.

Court. Q. Did he say whether it was executed on the day of the date? - A. No; he said, the reason why it was dated the 10th was, that the blank was not long enough to fill in a longer date.

Court. Q. Whether he disclosed the day? - A. Yes, he did; and said, positively, it was executed between the 20th and 27th of August, 1791.

Q. Did he state whether the other witnesses attested it or not? - A. Yes; he said, they were all there; and that they all signed it in each other's presence, and in the presence of the testator.

Q. During your acquaintance with Mr. Lewis, had you any conversation with him upon the subject of a will? - A. Yes; I was in London with him in the year 1789, to attend the hearing of a cause upon a bill filled by him, to set aside his mother's will; he was taken ill at Peele's coffee-house: while he was writing a letter, he fell in a sit, and I thought that a proper opportunity to hint to him, that it was sit that he should settle his own affairs; he said, that he never had, and he never would, the law should make his will; this was in the year 1789. In the year 1791, I believe, in the summer, I was applied to on behalf of a poor relation of his, a Mrs. Harman, who is one of the paternal heirs, in order to prevail upon him to relieve her distress; I gave the letter that I received from her to Mr. Lewis; Mr. Lewis, at that time, was a little embarrassed in circumstances, his answer was to me, Mr. Stokes, she must wait till I am dead, when she will have all.

Q. Had you, at that time, any conversation with him upon the subject of a will? - A. I don't recollect whether I had at that time. In the month of October, 1793. I received a writ from Mr. Jacobs, of Bristol, against Mr. Lewis, in order to hold him to bail, upon a debt of between forty and fifty pounds; I saw Mr. Lewis upon the subject; and on the 22d of October 1793, he dined at my house, and a conversation then again ensued between him and me, respecting his affairs; he then again said, he had not made his will, he never would make a will, the law should make his will; I can speak with certainty to the day, from the bail-bond. At other times I have heard him say precisely the same, frequently; and his aversion to making a will arose from the reasons he gave me, respecting his mother's will; he had had a very expensive suit about his mother's will, he had tried two ejectments upon it, and one suit in Chancery.

Q. Had you frequent opportunities of seeing him write? - A. Many times.

Court. Q. You are perfectly conversant with his hand-writing? - A. Perfectly so.

Mr. Russell. Q. Do you believe that Henry Lewis to be his hand-writing? - A. I do not; I am positive it is not.

Q. Look at the words "tenth of August," and"1791," and tell me if you believe them to be the hand-writing of Mr. Lewis? - A. I believe it not to be his hand-writing.

Q. Is there any word of that will, or in, or about it, that appears to be his hand-writing, or a figure? - A. Not one.

Q. Look at that cover; do you believe that direction to be his hand-writing? - A. Not a bit of it.

Q. Look at these Henry Lewis's written there,(the paper found at Holland's house), see if you believe any of them to be Mr. Lewis's hand-writing? - A. Not one; the first appears a closer imitation of Mr. Lewis's hand-writing than any of the others.

Q. In consequence of what passed at the trial at Hereford, the prisoner, and Isgar, were committed?

- A. They escaped from the Court, and were afterwards apprehended; Austin, Isgar, and Sir John Briggs, were all in Court; Lord Kenyon asked for Sir John, but he was gone.

Q. Did you, in consequence of any discovery, go to the house of one Holland? - A. I did not; it was Francis Lewis that went to Mr. Holland's.

Q. Do you know Mr. Holland? - A. Yes.

Q. Do you know when he came to reside in that country? - A. I think in 1793.

Q. Where did he live? - A. At Skinfreth, in the county of Monmouth; I am impropriator of the parish; I recollect his coming at that time to me to agree for the tithes; he was a stranger then; he came, I understand, from Devonshire.

Q. You attended the search at Mr. Crossley's? - A. Yes.

Q. What had Mr. Crossley to do in the cause? - A. He did not appear at Hereford at all; people of character, at Monmouth, were concerned on that side.

Q. You went to Mr. Crossley's to search his house? - A. Yes; he had been apprehended before.

Q. When? - A. On the 7th of October last.

Q. Did you find any papers there? - A. Yes,(produces them), these; which purport to be letters from Mr. Clarke to Mr. Crossley, I found in the desk; and this cover of a letter I found upon his desk;(producing it); which cover had the Hereford postmark. I asked him for the contents of it; he said, he knew nothing of it, it had been destroyed; I thought it my duty to persist in the search, and he opened a private drawer, of which he had the key, and in searching the drawer, he kept under his hand two small papers; I asked him frequently for the papers, and at last he gave me this paper, (producing it); it is a letter from Austin to Mr. Crossley.

Q. Were you present when Austin was searched? - A. No; a man of the name of James Williams was.

Q. Have you any thing that was found upon him? - A. I have a paper which I received from this Court upon the last trial, and I have had it ever since. (Produces it).

Cross-examined by Mr. Raine. Q. If I understand you right, my Lord Kenyon asked the prisoner, after the examination of the Counsel, what was done with the candle? - A. Yes.

Q. So that his Lordship first suggested the idea of a candle? - A. Yes.

Q. Of course you have seen the execution of a great many instruments, deeds, and so forth? - A. Yes.

Q. Perhaps you are aware that these things are more commonly executed with wax than wafers? - A. I have seen them both ways.

Q. In your practice, which is the most general? - A. Wax.

Q. You say that it was stated there was not room for a longer word than tenth? - A. Yes.

Q. Upon looking at the will, in point of fact, is there room for a longer word? - A. There is not.

Q. And it is written with different ink? - A. Yes.

Q. The same ink with the signature of Henry Lewis? - A. Yes.

Q. You say, in 1791, you were applied to by Mrs. Harman? - A. Yes.

Q. She was in very necessitous circumstances? - A. Yes.

Q. And Mr. Lewis said, she must wait till I am dead, and then she will have all? - A. Yes.

Q. In point of fact, I believe, part of the estate goes to the maternal heir, and part to the paternal heir? - A. Yes.

Q. Then, in point of fact, it don't all come to her? - A. Mr. Lewis suffered a recovery, or else she would have had all.

Q. In 1789, he declared he would make no will? - A. Yes.

Q. And did not die till 1795? - A. No.

Q. Then he had time to alter his mind, as he certainly did, with respect to the lady having all? - A. Yes.

Q. As to the hand-writing, I suppose, all you mean to state is, that, to the best of your knowledge, it is not his hand-writing? - A. Upon my oath, I believe it is not; I believe I have seen him write a thousand times; I have five or six quires of paper of Mr. Lewis's writing by me.

CHARLOTTE STOKES sworn.

Examined by Mr. Knowlys. Q. You are the wife of the last witness? - A. I am.

Q. Were you acquainted with Mr. Lewis the deceased, the testator? - A. Yes.

Q. Are you at all related to him? - A. Not in the least.

Q. You were intimately acquainted with him? - A. Yes, for several years.

Q. Did you ever, at any time, hear him make any declarations respecting his making, or not making a will? - A. I have heard him several times declare, that it was his intention not to make a will.

Q. Can you charge your memory to any length of time, before he died, with any declaration of that sort? - A. As near as I can recollect, the last time I heard him, was within two years of his death we were always upon perfect terms of friendship, but not with the intimacy that we used to be, because he has been in our house for a fortnight together.

Q. Did you ever hear him, at any time, make a declaration, or not, that his mind was at all,

changed from what he had expressed to you before? - A. Certainly not.

Cross-examined by Mr. Raine. Q. You don't bring these declarations nearer than two years before the death of Mr. Lewis? - A. No.

Q. And you had not been so intimate within those two years, with Mr. Lewis, as before? - A. I did not so frequently see him; but we were on the same intimacy.

THOMAS PHILLIPS sworn.

Examined by Mr. Dauncey. Q. Did you know the late Mr. Lewis? - A. Yes.

Q. Look at that will, and tell me if you believe that to be the hand-writing of Mr. Lewis? - A. Not the signature.

Q. Look at the words filling up the blanks? - A. I don't think either the signature or the words filling up the blanks are his writing.

Q. You have often had opportunities of seeing him write? - A. Yes; I did business for him, as an attorney, two or three years.

Q. Were you in Court at Hereford, at the trial there? - A. Yes; I was concerned for the defendant, in the ejectment.

Court. I don't see the necessity of going over the same ground again.

Mr. Dauncey. It will be a relief to me, my Lord, not to go into it again.

Q. Look at the signature to the sample? - (The paper found at Holland's.) - A. They are not his writing.

Q. Do you happen to know whether or not Mr. Lewis died seised of any estates in Monmouthshire? - A. He did, of several.

Q. Who succeeded, and took possession as his heirs at law? - A. Grace Cornish, Mary Williams, James Harman and Susannah his wife, and Thomas Webber .

Q. Was Mr. Morgan heir to any part of his property? - A. He was one of his maternal heirs.

Q. When did you first see that paper? - A. In the beginning of August; two or three days after the Hereford Assizes, I sent Francis Lewis to search the house of Richard Holland for papers, which I suppose to be these; a few days afterwards he gave me this paper, with several letters; I gave the paper to Mr. Stokes in the same state in which I received it; I don't think this is the writing of Mr. Lewis, it resembles it less than the other.

Q. Have you a memorandum-book of Mr. Lewis's? - A. Yes; it was found by me, among his papers; it is a book in which he kept an account of payments to his servants employed in husbandry, at his house at Hygga; I received a great number of Mr. Lewis's papers after his death, for his heirs at law, which I searched, after the will was brought, by Isgar, to Monmouth, and given to Mrs. Kane, to endeavour to find the second part, or to find any memorandum of Mr. Lewis's noticing where he was upon the 10th of August, 1791; and I found this book, with this memorandum, in the handwriting of Mr. Lewis; I had it in a trunk with other papers which I received from Mr. Jenkins, a clergyman, in Devonshire; the second copy of the will was not found among those papers which came to my hands. (Reads) "August 10th, 1791."Paid her (meaning Mrs. Elizabeth Perry, whose name appears at the top of the page) 19s." Nor was there any letter, or correspondence, whatever, from Isgar to Mr. Lewis. The reason why I was minute in the search was, that that will was put into my hands by Mrs. Kane and Sir John Briggs , giving me the will to enquire into it, with an expectation of giving evidence, at some future time, in a Court of Justice. The attestation of the one that has been produced concludes in these words:"In witness whereof, as one of two parts, I here-"unto set my hand and seal."

Q. Have you, since that time, discovered any such duplicate, or any trace of such a duplicate? - A. Not the least.

Q. Have you discovered any trace of a correspondence between Isgar and Mr. Lewis upon the subject of a will? - A. Not the least.

Q. Now look at this book; whose hand-writing are those entries? - A. Mr. Lewis's; it is his pocket-book, Baldwin's Journal for the year 1791.

Q. Do you find any entry in that book of the 10th of August? - A. Wednesday, the 10th of August, is an entry of Mr. Lewis: "Paid for a"quarter of mutton, and peas and beans, 5s." He kept a house at Hygga, at that time, and no where else. (Reads.) "Saturday, the 7th of August.(in the hand-writing of Mr. Lewis) "Paid Eliza-"beth Jones, for her attendance as a witness at two"commissions, 7s. 6d. Received for 10lb. of but-"ter, 6s. 8d. paid for candles, out of the same,"41/2d."

Q. What distance is Hygga from Bath? - A. Thirty-five miles; the journey is difficult and tedious, by the Severn intervening. I received this pocket-book, since Christmas, from Mr. Williams, the attorney for the plaintiffs, in the ejectment, which is since the trial at Hereford.

Q. I believe there are blanks between the 22d and 27th day of August? - A. All the days are blank.

Cross-examined by Mr. Raine. Q. In the first book you produced, I think there is no entry in the month of August, 1791, after the 10th? - A. None at all.

Q. In this latter book there is no entry between the 22d and 27th? - A. No, none.

Q. How long were you concerned for Mr. Lewis? - A. Two or three years.

Q. The last two years of his life? - A. No, up to the year 1793; I think, for the last year and a half, he was not at Monmouth.

Q. Mr. Stokes was his confidential attorney before that? - A. I believe he was.

Q. And from that time he chose to employ you? - A. He did.

Q. You said, the superscription upon the letter was less like his hand-writing than the signature to the will; then the signature to the will is more like his hand-writing than the superscription upon the letter? - A. Yes.

Court. Q. Do you mean to say that you have any doubt about it? - A. No; but very reputable gentlemen have thought otherwise; it appears to me, upon a close inspection, to be an imitated hand, with a pen drawn over every stroke more than once, the letters are jagged. (Mr. Stokes produced a copy of the register of the burial of Thomas Bowden , on the 10th of November, 1794, in the parish of Bathwick, in the county of Somerset).

Court. Q. Do you know the parish of Bathwick? - A. Yes; it joins Bath.

FRANCIS LEWIS sworn.

Examined by Mr. Mills. I went with a search-warrant to the house of Mr. Holland, on the Monday after the Assizes at Hereford, it was in the summer; I found a man there, of the name of Vincent, we met him as we were going to the house.

Q. Who did you find in the house? - A. Mrs. Holland and the children.

Q. Did you search for paper? - A. I did; I searched in the chest of drawers, and found a number of papers; I gave them, all but one, to Mr. Phillips, the town-clerk, of Monmouth, and that one I gave to Mr. Stokes.

Q. Is that the one you gave to Mr. Stokes? - A. Yes, here is my name upon it; there was a bill with it; this appears to be the bill, but the letter I put my name upon.

Q. Are these the papers you gave to Mr. Phillips? - A. Yes.

Q. Look at the sample, the draft of the will? - A. I believe this to be the paper I found in the drawer up stairs, at Mr. Holland's; they have been out of my possession, with Mr. Phillips; this appears to be a rough sketch of the will, Weaver made his mark on it; I put my name on the letter, there is no mark on the bill, I believe that to be the bill.

Q. (To Mr. Stokes). Is that the note and letter,(shewing them to him), that you received from the witness, Francis Lewis ? - A. It is.

JAMES WILLIAMS sworn.

Q. Did you apprehend the prisoner Austin? - A. I was present at his apprehension on the 21st of July last.

Q. Look at that note? - A. This note was found upon him within the lining of his hat.

Q. (To Lewis). Have you seen Mr. Holland write? - A. Yes, but not frequently; this note appears to be like his hand-writing.

Q. Do you believe it is? - A. I think it is, I will not swear it.

Cross-examined by Mr. Raine. Q. How often have you seen Mr. Holland write? - A. Several times; I think it is like his hand-writing, that is all I can say.

Q. Do you believe it is his hand-writing? - A. I should think it is.

JACOB ISGAR sworn.

Examined by Mr. Serjeant Adair. Q. What was the first transaction that come within your knowledge respecting any will of Mr. Lewis? - A. The first time that I was asked respecting any thing of the business, was on the 17th of February, 1795; I was asked by one Mr. Clarke, an attorney, if I usually made wills.

Q. Had you any conversation when Mr. Holland was present? - A. Mr. Holland was in my house, near Bath, many times; in March, he brought me a paper, with the name Henry Lewis to it, and I copied what he brought me to copy, on the paper that he brought me.

Q. Was there any thing on that paper when he brought it? - A. Nothing but Henry Lewis .

Q. Where, on that paper, were you to copy that which you were to copy? - A. Above the handwriting of Henry Lewis , which I did.

Q. Should you know that paper again? - A. Certainly I should; I directed it to a person of the name of Peter James, either at Abergavenny, or Monmouth, to be left at the Post office till called for.

Q. Is that it, (showing him the paper found at Holland's)? - A. This is it, it is all my handwriting, except Henry Lewis, and the marks made since.

Q. The subsequent names after Henry Lewis , were they on the paper when it was delivered to you? - A. No, only Henry Lewis; I filled up the whole since; Mr. Holland said, he had taken care that the paper was old enough that it should not be found out by that means.

Q. Did you, at any time, see Sir John Briggs , after this? - A. Several times; I saw him at the Tuns, at the Full-moon, and at a public-house opposite my house.

Q. Did you see him soon after this? - A. Yes; Sir John Briggs saw me at the Full-moon, after I received that paper; a fortnight perhaps, I cannot say as to the time; he said, that will I had sent would not do; he said, he must get another, he wanted to make some alterations, that Mr. Lewis

was a very particular man, and therefore he must alter it.

Q. Do you recollect what month this was in? - A. I believe it was in April; he asked me, if I knew one George Crossley, and if me and Austin would go to London with him; I replied, if he would pay the expence, we would go; he saw Austin and me together afterwards; he gave Austin two guineas, and me two guineas to come to town; Sir John Briggs told Austin he was to go with me to have a fresh will executed.

Q. After that, did you go up to London or not? - A. Yes.

Q. Did you ever see Mr. Holland and Austin together? - A. Yes, previous to that time; I believe that paper was brought by him at that time, I am not quite sure; Austin was to have 100l. for putting his name to the will of Henry Lewis ; Richard Holland gave Austin a note for it.

Q. Should you know that note if you saw it again? - A. Certainly, I should.

Q. Did you ever see that note before, (shewing it to him)? - A. Yes; I saw it written by Mr. Holland.

Q. Look at the note again, and tell me if it is in the same state in which it was, when it was given to Austin? - A. I believe it is.

Q. Whether those words were interlined at the time? - A. Yes; there was an objection made by Mr. Austin, respecting the bearer, in consequence of that, the name of James Smith was put in.

Q. Do you recollect any thing with respect to the date of the year? - A. I believe the date was put then as it stands now; it was 5, and turned into a 4 at the time. I was by when it was wrote.

Q. Why was it altered? - A. Because it was dated a wrong date.

Q. After this, you went up to London? - A. Yes; on Saturday the 25th of April, between five and six in the morning, and arrived in London, on Sunday morning about ten; we came as far as Newbury, and there I lost my money.

Q. Where did you go to in London? - A. I went to Mr. Noad's, in St. Martin's lane; Austin, I believe, got down at the White Horse cellar; I staid in London seven or eight days; Austin came there the same Sunday while I was gone to Mr. Crossley's; after dinner he came again, and I saw him; he staid a little while, and then he and I went both to Mr. Crossley's together, about six or seven o'clock in the afternoon, to the Adelphi, at the request of Sir John Briggs , whom I saw at the Golden Cross, Charing-Cross; we went into the back dining room.

Q. Who let you in? - A. I cannot say whether it was him or one of his servants, or the clerk; we were shewn into the back dining-room, and asked to take a glass of wine.

Q. Who was there at the time? - A. No person but Austin, me, and Mr. Crossley; after we had taken a glass of wine, he brought in two pieces of paper, with the will of Henry Lewis upon it, and asked us to put our names to it.

Q. How do you know that those pieces of paper related to the will of Henry Lewis ? - A. I very well know that, because I saw it and I wrote it.

Q. Was there any name to the papers before you signed them? - A. Yes, Henry Lewis .

Q. Did any body else sign them? - A. Austin wrote his own name, and then Bowden.

Q. Did you see him write both his own name and Bowden's? - A. Yes; he signed first.

Q. Did you write your own name after that? - A. Yes.

Q. Look at that paper? - A. That is my handwriting; these are the names that I saw Austin write.

Q. Do you know who wrote the body of the will? - A. I cannot say to that; Mr. Crossley put to the door, and said, put your names down, and take care the devil don't pat you on the shoulder.

Q. Did you see Sir John Briggs at Mr. Crossley's house? - A. I did not; I went with Sir John Briggs from Charing-Cross to Mr. Crossley's, but not into the house.

Q. Are you speaking of the time that you went with Austin? - A. No, the morning of the same day.

Q. Whether, when you went with Austin, you heard or saw any thing of Sir John Briggs ? - A. I thought I heard him in the next room with Mr. Crossley, but I did not see him; I heard somebody talking in the next room, and thought it was his voice.

Q. There were two papers brought? - A. Yes; Mr. Crossley kept the other; after they were signed, they were taken into the other room; the next day I called, and saw one in Mr. Crossley's possession; the other was put up in my presence in a case, directed to Mrs. Kane, and delivered to me, and I carried it to Monmouth; the other was left with Mr. Crossley; Edwards was with me when I carried it from Bath.

Q. After you left Mr. Crossley's house that evening, what became of you and Austin? - A. We went back to Mr. Noad's, and I believe he went out with some friends, and went home the next day.

Q. You staid longer? - A. Yes, there was an attachment against me; I staid to put in bail; Mr. Crossley got me an attorney of the name of Price; I never spoke to him to do it.

Q. Had you any conversation with Austin after

you left London on this subject? - A. Many times; we wrote to Mr. Crossley for money, and I believe Austin wrote one letter before the trial, and another after.

Q. Is that Austin's letter? (shewing him a letter) - A. Yes, it is his letter.

Q. Whose hand is the direction? - A. Austin's.(The letter read in Court). See Crossley's Trial, page 374.

GEORGE GRIFFIN sworn.

Examined by Mr. Serjeant Adair. Q. Did you ever see Austin write? - A. Yes, I have several times.

Q. How long have you known him? - A. About thirty years.

Q. Look at that letter? - A. It has very much the appearance of his hand-writing.

Q. Do you believe it is his hand-writing? - A. I believe it is; I am a sheriff's-officer, at Bath, and keep the city prison.

Q. Look at the direction of it; what do you believe about that? - A. It appears to me very much like it.

Q. Do you believe it or not to be Austin's handwriting? - A. It seems something like another hand-writing; the will I believe to be Austin's.

Cross-examined by Mr. Raine. Q. You said, first, they appeared to be different hand-writings? - A. I thought I saw some difference, but, to the best of my knowledge, they are both Austin's hand-writing.

Q. How often have you seen him write? - A. Several times; I have seen him write and sign several bail-bonds; I have seen him write two or three times.

Q. Look at the name, William Austin ? - A. I will swear to Isgar's and Austin's hand-writing, both; I have seen Isgar sign, I suppose, twenty different bonds, I am sure this is his hand-writing.

JOHN DEAN sworn.

Examined by Mr. Knowlys. I have seen Austin write; this letter, I believe, to be his hand-writing.

Q. Look at the back of the letter; do you believe that to be his hand-writing? - A. I am not clear, I rather believe it is not.

Cross-examined by Mr. Raine. Q. How often have you seen Austin write? - A. A great many times.

Mr. Mills. Q. Look at that paper, (the will); is that Austin's hand-writing? - A. Yes.

Q. You swear, with more certainty, to the body of the letter, than to the superscription? - A. Yes.

Mr. Serjeant Adair. The gentlemen of the Jury will be so good as look at the letter and the cover, and satisfy themselves, whether it has not been one sheet of paper; and the way to do that is to examine it by the water-mark, and see whether it corresponds.

JACOB ISGAR . Cross-examined by Mr. Raine.

Q. What has been your occupation in life? - A. A baker.

Q. And what next? - A. An attorney's clerk.

Court. Q. To whom? - A. To one Lilly, at Bath.

Mr. Raine. Q. And you acted as an attorney yourself, did not you? - A. I did not.

Q. Never? - A. I never acted as an attorney in my life.

Q. What was your next trade? - A. An auctioneer.

Q. A knocker down of lots, and now a knocker down of lies, your business is that of a witness? - A. I hope not.

Q. What was your occupation that you was in last? - A. My licence has been out ever since last August; when I go back, I shall be an auctioneer again perhaps.

Q. Have you refreshed your memory since the trial of Mr. Crossley, respecting these facts? - A. I spoke then what is true, and I speak the same now.

Q. Have you refreshed your memory about these facts? - A. Not in particular.

Q. But you have in general; you have seen the sessions paper? - A. Yes.

Q. And yet you have not refreshed your memory in particular about the facts? - A. Not in particular.

Q. Have you then refreshed your memory from the sessions paper? - A. I don't deny that I have read it; I knew it then to be true, and so it is now.

Q. You were called upon to swear to these facts at Hereford, were you not? - A. I believe that has nothing to do with my present situation.

Q. Were you, or were you not examined to these facts at the summer assizes, at Hereford? - A. I don't deny it.

Q. Did you depose the same thing there? - A. No.

Q. The diametrically opposite, I believe? - A. Yes.

Q. You mean to swear to day what you swore upon Mr. Crossley's trial? - A. What I have sworn is true.

Q. Do you or not, mean to swear to the facts you swore to upon Mr. Crossley's trial? - A. I do.

Q. I believe, upon that occasion, you had not the good fortune to be believed? - A. I cannot help that.

Q. You had not? - A. I cannot help that.

Q. You had not the good fortune to be believed? - A. That don't concern me, I presume.

Court. That is rather a difficult thing for him to say.

Mr. Raine. Do you know what you happened to say upon Mr. Crossley's trial, that you are indicted for perjury for it? - A. I have been told so.

Q. Have not the Grand Jury of your country found a bill against you for perjury upon these very facts? - A. I have heard so.

Court. Q. Have you been served with a process in consequence of an indictment for perjury? - A. I have not; they might have found ten bills upon the evidence of Mr. Crossley, and such people as he may bring forward.

Mr. Raine. Q. You swore the same then, however that you do now? - A. Yes.

Q. And both these in the teeth of what you had sworn to at Hereford? - A. Yes; I was compelled to do that; Mr. Crossley arrested me, and put me in a lock-up house in London; he pretended I was doing all right and deceived me.

Q. You did not know that you were doing wrong? - A. I did not know that I was swore to it, or else I would have seen him further; I have got a soul to be saved I hope as well as you, and I will speak the truth for all you, or any body else.

Q. You did not see Sir John Briggs, at Mr. Crossley's? - A. No.

Q. This letter produced is dated the 29th of September; you were then in gaol at Hereford? - A. I saw the letter before it was sent.

Q. You were then in Hereford gaol? - A. Yes.

Q. And so was Austin? - A. Yes.

Q. I believe you were in considerable distress both of you at that time? - A. I don't say but I was.

Q. So that if that letter was written by Austin, it was written under the pressure of great distress? - A. It might be so; I don't know but it was.(Stephen Bataille was called in, but did not appear).

WING ASHFIELD sworn.

Examined by Mr. Mills. Q. Look at the body of that paper, carefully, (the will); do you know that hand-writing? - A. I cannot say I do.

Q. Have you any belief about it; have you seen any person write like that? - A. I do not recollect that I have.

Q. Look at it again? - A. I really don't know it.

Q. Do you know a man of the name of Porties? - A. Yes; clerk to Mr. Crossley, a deaf man.

Q. Was he clerk to Mr. Crossley in April, 1795? - A. I seldom went to Mr. Crossley's house for some years past; I have seen him there very often at a desk, but being short-sighted, I could not see very well his writing.

Q. Do you remember giving Mr. Porties's any money in behalf of Mr. Crossley? - A. Yes; in November last.

Q. In what part of November? - A. I have got the draft here for it, (producing it); it is a draft of Mr. Frasi's, his nephew; I gave this to Mr. Porties at my house, 9l. upon account of Mr. Crossley; there were twenty-four guineas left in my hands, after his goods were sold, and I gave it him.

Q. Have you seen Mr. Porties to-day? - A. I have not seen him since that day.

Q. Up to that time, do you know whether he was living at Mr. Crossley's? - A. I should imagine that he was; I don't know that he was, because I very seldom went to his house.

Court. Q. You know I will have a direct answer; how late have you known him to live with Mr. Crossley? - A. He was with him when I paid him that money in November.

Q. Look at that hand-writing, and tell me if you know that? - A. I cannot say, unless it is Frasi's.

Q. Have you seen Bataille to-day? - A. Yes; about half an hour ago, in the other room.

Q. Do you know what is become of him? - A. No; I have been looking for him.

Q. Did you see any body speak to him? - A. No, only my clerk; I desired my clerk to keep him company; he is here, his name is Stockdale.

Court. Q. Look at the will again; can you or not form any judgment whose hand-writing that is? - A. I really cannot.

DAVID SCALES sworn.

Examined by Mr. Russell. Q. Did you know one John Porties? - A. Yes, I did; he has been for several years, last past, in the employment of Mr. Crossley; there were some intervals, in the long vacation, when he might have been discharged.

Q. Did you ever see him write? - A. Yes; frequently.

Q. Look at the body of that paper; whose handwriting do you believe that to be? - A. Porties's.

Q. You have seen him write frequently? - A. Yes, he has wrote for me; I have some of his writing in my pocket.

Cross-examined by Mr. Raine. Q. What are you? - A. An attorney.

Q. This appears to me to be rather a common hand? - A. I have no doubt, in my own mind, as to his writing.

Q. But it appears rather a common hand? - A. It is a clerk-like hand.

Q. Such a hand as attorney's clerks usually write? - A. Yes; it appears so. It is the character of his writing; I have no doubt but it is his hand-writing.

Mr. Serjeant Adair. Q. He wrote for you, and you know his characters well? - A. Yes.

JOHN STOCKDALE sworn.

Examined by Mr. Knowlys. Q. Do you know John Porties? - A. Yes, personally.

Q. Was he clerk to Mr. Crossley? - A. I have heard so, but I don't know it.

Q. Did you ever see him write? - A. No.

Q. Have you seen Bataille this morning? - A. I have.

Q. When did you see him last? - A. At the Court-door, about a quarter of an hour ago.

Q. Have you seen any body conversing with him in the course of the day? - A. No.( John Porties was called, upon his subpoena, but did not appear.)

STEPHEN BATAILLE sworn.

Court. Q. Why have you been out of the way? - A. I have been speaking to some people, and taking something for my refreshment.

Mr. Mills. Q. Were you, in the beginning of 1795, in the employment of Mr. Crossley? - A. Yes, I was.

Q. Do you know of a man of the name of Porties? - A. Yes.

Q. He went by the name of Day, I believe, besides? - A. I have heard so.

Q. Have you had opportunities of seeing him write? - A. Yes; he used to give me his sheets of paper when he was writing a brief, for me to make another copy.

Q. Now look at that paper carefully, (the will); whose hand-writing do you believe that to be? - A. Porties's; except the names that I see here; and I don't think he had any thing to do with either of the names.

Q. Do you remember, the latter end of April, the 26th, on a Sunday, being at Mr. Crossley's houses? - A. Yes; I went there about eleven o'clock in the morning.

Q. Who did you see there? - A. John Upsall, and John Porties; Upsall was dressing himself, and cleaning himself; and John Porties was going to clean himself.

Q. Did you see Mr. Crossley there at any time that morning? - A. I did not see him till half an hour, or three quarters, after my arrival there, and then he came into the office.

Q. When he came into the office who was there? - A. Myself and Porties.

Q. Do you remember any body coming to the house, and being with Mr. Crossley in the room? - A. I don't remember any thing of any body being in the house.

Q. Was Mrs. Crossley in the house? - A. Yes.

Q. Who was the servant-maid at that time? - A. There was a servant-girl, her name is Hannah.

Q. Was Hannah there at that time? - A. Yes.

Q. Did you dine at Mr. Crossley's house that day? - A. Yes; in the back dining-room, with Mrs. Crossley and porties.

Q. Who dined in the front parlour? - A. There was a gentleman there, and Mr. Crossley, dining together.

Q. Was the dinner that you had brought from Mr. Crossley's table, or served up fresh? - A. It was brought from the front to the back dining-room to us.

Q. Had any body eaten of it before it was brought? - A. Yes; Mrs. Crossley was uneasy about its being so long.

Q. Did you know who it was that was there? - A. No; I heard, when I was at dinner, that it was Sir John Briggs.

Q. Do you remember, after dinner, any body coming to the house; or in the course of the afternoon? - A. I remember somebody in the evening, when it was quite dark, coming to the door; I opened the door, and it was a person I don't know but by his face, that I have seen at Mr. Crossley's.

Q. Should you know him if you were to see him again? - A. Yes; I have heard his name since is Isgar; he came to the house about eight o'clock, there was a person came with him, but I could not see who it was because there was no light in the passage, it was a person from Bath; I told Mr. Crossley that the fat man from Bath was come to speak to him, with another man, and I did not know what business they came about, and then I went into the kitchen; Mrs. Crossley was gone out, and had left no lights out for the office.

Q. Then, when you went into the kitchen, where did these men go to? - A. They went up stairs.

Q. Who was in the kitchen when you went there? - A. There was the maid there, Hannah.

Q. Did you see Mr. Crossley again that evening? - A. Yes. Hannah gave me a bason of tea; Mr. Crossley came to me about ten o'clock, and gave me two guineas to go and take a place in the Bristol-stage, or the Bristol-mail; and I was to ask at an adjoining coffee-house for a bed for a gentleman. I took the two guineas, and the book-keeper was out; I went to the coffee-house, and spoke to the waiter, and he called the chamber-maid, and she said, there was plenty of beds; I went back, and Mr. Crossley let me in, and I returned the two guineas to him.

Q. Did you see any gentleman with Mr. Crossley after you gave him the two guineas? - A. Yes; they went out of the house about twelve o'clock.

Q. Do you remember seeing Porties that evening? - A. Yes; he left the house about ten o'clock.

Q. Do you know how Porties was employed between six and ten? - A. I was sent, at six o'clock, for a two shilling stamp, by Mr. Crossley, and I could not get one, because it was Sunday.

Q. What was Porties employed about in the afternoon? - A. He was in the office with me; and

he had orders from Mr. Crossley not to leave the office.

Q. Did you see Upsall again that evening? - A. I did not see him, but after Mr. Crossley and the gentleman that was in the front parlour were gone, between twelve and one.

Q. Do you remember any thing that brings it to your memory that he returned at that time? - A. We had something to eat; the servant-maid was there, and I advised Upsall to go to bed, that his aunt might not see him in a state of intoxication.

Q. How do you know it was the 26th of April; do you remember any thing about a hat? - A. I cannot positively recollect; I went to Mr. Parker's, and got a stamp, I went to Mr. Crossley's house with the stamp, I went to knock at the door, I used to go into his office without knocking at the door, I went that day and the door was fastened, and so Mr. Crossley came out of the front dining-room and opened the door, and I gave him the stamp.

Q. Was the door so much open as to give you an opportunity of seeing who was in the room? - A. No; I did not see any body in the room. The next morning I went into the room, and Mr. Upsall and Frast, and Mr. Crossley, were there; and there was no ink-stand in the office at all, Mr. Crossley told me they were up stairs; I went into the front dining-room for an ink-stand, there was a smell in it that I could not tell what it was; and Upsall said, there had been some stuff put into it to make writing appear old.

Q. Do you know yourself what that smell was? - A. No.

Q. Did you try the ink, and use it? - A. No; I did not take any notice of it.

Q. Did you know a man of the name of Holland? - A. I never knew Mr. Holland but through Mr. Crossley; I never saw him but two or three times in my life.

Q. Look at the will again; you have said, that will is written by Porties; have you any knowledge when he wrote it? - A. I did not see him write it.

Q. Is this the first time you have seen it? - A. No; I have seen it before.

Q. Did you ever see a will of that sort in Porties's hand-writing, in Mr. Crossley's possession? - A. No.

Cross-examined by Mr. Raine. Q. That appears to be rather a common hand-writing, such as attorney's clerks usually write - there is nothing very particular in the hand? - A. I don't know.

Q. You have seen a great deal of the hand-writing of clerks of attorney's? - A. No, I have not.

Q. This transaction that you have been speaking of, so minutely, was in April, 1795, was it not? - A. Yes.

Q. Upwards of a year ago? - A. Certainly.

Q. Then, possibly, this might have happened on Sunday the 19th of April? - A. I don't know any thing about that; I am speaking the truth. I know it was Sunday the 26th, because I have read the trial.

Q. It is because you have read the sessions-paper then, that you say this happened on Sunday the 26th? - A. I know I was at Mr. Crossley's on Sunday the 26th; and when I read the trial I recollected all the circumstances that I have told you.

Q. Why do you remember that this was Sunday the 26th of April? - A. Because I never in my life staid so long in his house as that day.

Q. But might not that Sunday, when you staid so late at Mr. Crossley's, be the 19th instead of the 26th? - A. No; it was the 26th.

Court. Q. Do you say it is the 26th from what you have read in the trial, or because you remember the circumstances? - A. I know it was the 26th; and I am very sorry I have lost a book in which I had my memorandums all the time that I was clerk to Mr. Crossley.

Q. Then you refreshed your memory by reading the trial? - A. I did not think any thing about it till after the trial of Mr. Crossley.

Q. Do you conclude that it was the 26th by reading that trial? - A. You misunderstand me.

Q. You never thought of this business till after Mr. Crossley's trial? - A. I did not think that Mr. Crossley was guilty of any such thing till after his trial.

Q. Did you think of this Sunday, the 26th of April, before Mr. Crossley's trial? - A. The 26th of April I have told you what I know; I am a foreigner, and I wish to speak the truth.

Q. And I want to know how, or why, you remember this particular Sunday? - A. Because I have never been so busy on any Sunday so long as I have been in the house, except that Sunday.

Court. Q. Are you sure that the day of the month that you were so busy on were the 26th of April? - A. Yes; I remember it perfectly well.

Court. Q. Had you recollected that you were busy on that day before you read the trial? - A. No; I never thought of it.

Court. Q. How came you to think of it when you read the trial? - A. Because, when I see all that was in the paper, they were circumstances that I could have that knowledge of.

Mr. Raine. Q. Has there been any quarrel between you and Mr. Crossley? - A. Never.

Q. Take care what you say; were not you in his debt? - A. No.

Q. Never in his debt? - A. No.

Q. He never claimed any debt by a fancied execution? - A. No; never against me.

Q. There has been no misunderstanding between you and Mr. Crossley? - A. No; I never had any misunderstanding with Mr. Crossley.

Mr. Mills. Q. You have been out of the way for some time? - A. Yes.

Q. Was that at the instigation of any body, or of your own account? - A. It was because I have endorsed bills for Mr. Crossley; and Mr. Crossley's name nor being upon them, he desired me to keep out of the way.

Q. During what period of time was it that you were desired, by him, to keep out of the way? - A. About the end of August last.

Q. How long did you absent yourself? - A. Till after Mr. Crossley was acquitted.(John Porties was again called upon his subpoena, but did not appear).

STEPHEN NOADS sworn.

Examined by Mr. Russell. I keep the Coach and Horses in St. Martin's-lane.

Q. Do you remember Isgar coming to your house? - A. Yes, on a Sunday morning, and I think it was the 26th of April; he left town the first of May, which was the Saturday following.

Q. How do you know it was the first of May? - A. Because he had some business with one Akerman, and he told me to be sure he had the right day down in his pocket-book, and I reached him the almanack.

Q. Did any body come with him? - A. No; he said, there was a Bath boy come up, and he expected him presently; and he afterwards came, and slept at my house that night.

Q. Did you, during their stay at your house, see Mr. Croseley with them? - A. With Isgar frequently; I never saw him with Austin; nor I never saw them all together.

Q. Which of them left town first? - A. I don't know whether he slept at my house one night, or two; but he left my house before Isgar.

Q. They both slept at your house on the Sunday night? - A. Yes.

Q. What time did they go to bed? - A. In very good time; by eleven o'clock I am sure they were.

Q. What time did they go out? - A. I cannot say; they were in and out several times.

Cross-examined by Mr. Raine. Q. You are sure it was Saturday that he left London? - A. Yes.

Q. Then we see how accurate you are as to dates, for if Sunday was the 26th, Saturday could not be the 1st of May? - A. It was according to the almanack.

Q. How do you know it was Sunday the 26th? - A. Because he went away the Saturday following.

Q. And that was the 1st of May? - A. Yes; I saw Akerman enter it is his book.

Mr. Russell. Q. Whatever the day of the month might be are you sure it was the Saturday following the Sunday? - A. Yes; only a week intervening.

Mr. Raine. Q. Had you seen Austin often? - A. No; I never had.

Q. Had you never seen him before this Sunday? - A. I believe I did see him once before, but I cannot say that I should know the person again; but I saw him on that Sunday, and likewise at Hereford.

STEPHEN PRICE sworn.

Examined by Mr. Knowlys. Q. I am an attorney, in Northumberland-street.

Q. Do you know Isgar? - A. I put in a bail for him on the 29th of April, 1795; he was in town at that time, (the notice of bail produced); this is my notice of bail; I put in the bail, and Mr. Crossley paid me for it; I saw Mr. Crossley and Isgar together.

JOHN EDWARDS sworn.

Examined by Mr. Dauncey. Q. Do you know Isgar? - A. Yes; I went with him from Bath to Monmouth, on the 5th of May, 1795.

Q. Did you know the business on which Isgar went? - A. I did not know till we were half way there; he said, at a public-house that we were at, that he was going to carry a will there.

Q. Did he carry any thing? - A. He did, he shewed me something like a letter, but what was inside, I don't know.

Q. Did you see the direction? - A. Yes, to Mrs. Kane, Monmouth; when we got there he enquired for Mrs. Kane.

Q. Did any body call upon him at the inn at Monmouth? - A. Yes, a woman; she said her mother wanted to speak with us, and therefore I thought it was Mrs. Kane's daughter.

Q. How long did you stay at Monmouth? - A. Till the next morning.

Q. Did you go away together? - A. Yes.

Cross-examined by Mr. Raine. Q. This paper that you talk about, you never had in your possession? - A. No.

Q. You saw it but once, I believe? - A. Only once in his hand at the public-house.

Q. At what time? - A. About ten or eleven o'clock at night, I believe.

Q. You could not see distinctly what was upon it, could you? - A. Yes, I did, it was in the shape of a letter, and I saw it was directed Mrs. Kane, I was close to him.

Q. Did he show it to other people? - A. Yes; and told them it was Mr. Lewis's will.

Mr. Dauncey. Should you know it if you were to see it again? - A. I believe I should, I don't know.

Q. Look at that, is that it? - A. Yes; but I thought there were more of the direction than this? I thought it was Mr. Lewis's will.

Q. Look at it again? - A. O yes, this is it.

RICHARD DREW sworn.

Examined by Mr. Serjeant Adair. Q. Were you in Hereford gaol, in September last? - A. Yes; on the 11th of September.

Q. What were you in for? - A. Cutting down the bough of a tree.

Q. Do you recollect the prisoner Austin being in gaol at the same time? - A. Yes; he came in some time after me.

Q. Do you ever remember hearing him say any thing about Isgar? - A. Yes; I heard him say that he had two guineas sent him to carry him up to London with Isgar, and Isgar had two guineas at the same time; and I cannot say whether it was after or before, but there came a man in that gave them a guinea a-piece. Isgar and Austin; and when they had received this money, I said to Austin, you have met with a friend; yes, said he, and so has Isgar; I said, Mr. Austin, "I don't find you have any occasion to fear, as Isgar says, he can free you;" Austin said, "he cannot free me; I can free him, for I can prove him not writing any name but his own name, and he cannot do so for me."

Q. Did he say any thing more to you? - A. No; Jacob Isgar said to him, one time particularly, that was the man that wrote the dead man's name; Austin's answer was, no, I could not do it, for you wrote one letter yourself.

Cross-examined by Mr. Raine. Q. How long had you been in gaol? - A. I came in, in March, 1795.

Q. So they made a full confession before you? - A. No more than this, in my hearing.

Q. They confessed the whole before you? - A. They confessed so much.

Q. They talked together without the least reserve? - A. Yes.

Q. How much are you to get for this piece of business? - A. I suppose all my trouble.

Q. You have made no bargain about it? - A. No.

Q. Do you know who the gentleman was that gave them the guinea a piece? - A. No; it was a poorish man that brought it.

Q. Have you ever been in goal before? - A. No.

Q. Can you write? - A. Very little.

Q. Did you ever say, or write to any body, that you were hired to do this piece of service? - A. No; I never was.

Q. Nor have never said you were, nor wrote that you were? - A. Not that I know of.

Q. Not that you know of; you must know whether you wrote it or no? - A. Yes; Mr. Austin desired me to write a line to Mr. Crossley, that he had never said so.

Q. Upon your oath did you never say that you were to be well paid for this piece of service? - A. Not that I know of.

Q. But if you have, you must know it? - A. I might have said it, if I have been intoxicated; I believe I never did say so.

Mr. Serjeant Adair. Q. They got you to write something or other to Mr. Crossley? - A. Yes, to tell Mr. Crossley that he had never said so.

Q. Were you ever made drunk by any of these people? - A. No, never.

Mr. Raine. Q. Did you never say any thing about a suit of cloaths? - A. No; that was Austin said it, and laid it upon me; he said, he was to have a new suit of cloaths and 10l. and half a guinea a day, because Austin had proposed to turn King's evidence, and Isgar got the place before him.(The will read).(The paper found at Holland's read). See Trial of Crossley, page 372.

Mr. Russell. My Lord, we wished to have that read, to shew that the devises are similar, but the dates differ, this being dated the 27th of July, 1791.(The note found in Austin's hat read.) See Crossley's Trial, page 372.

GRIFFIN called in again.

Cross-examined by Mr. Raine. Q. You have known the witness Isgar some time? - A. About thirty years?

Q. You have known him during the whole of that time not to be the best of characters? - A. His general character was tolerably fair till very lately.

Q. He has been in different walks of life? - A. Yes; he was some time in London.

Prisoner. They are asking you as to Isgar's character.

Witness. I beg your pardon, I have known Isgar but four years, I never heard a worse character; I have known Austin 30 years; his character has been tolerably fair till this affair happened, or till within a twelvemonth.

DEAN called in again.

Cross-examined by Mr. Raine. Q. Have you known Isgar long? - A. Yes.

Q. Did you ever know any good of him? - A. Yes, I have known him do a great deal of business, and used to be a very honest man one time.

Q. What sort of business? - A. He was a baker, and then a sheriff's officer.

Q. Are you a sheriff's officer yourself? - A. No.

Q. Were not you examined once in a cause at Taunton? - A. Yes.

Q. You know him to be a good character, perhaps? - A. I have had a good deal of faith in him, for he owes me 2 or 300l. at this time.

Prisoner's defence. My Lord, I was quite unprepared for trial; if your Lordship will give me leave, I will read my defence (reads). The crime I am charged with is a sufficient apology for want of ability to state my defence. The evidence of Isgar is totally false; it is true I did not know

the testator, but Isgar got me to subscribe as a witness; I saw it signed by a person assuming the name of Henry Lewis; it was done at Bath, in August, 1791, the day it bears date; Bowden wrote that name himself; all that story Isgar has related to the contrary is totally false. With respect to Sir John Briggs , Mr. Crossley, and Mr. Clarke, I never saw Sir John but once before the Hereford assizes, after I had been with the will at Monmouth; Mr. Crossley I did not see till he was brought to goal; I witnessed the will at Bath, and not in London; one of my witnesses is in Wales, but the Court, in their justice, thought proper to bring on the trial, a Mr. Harrison, who refused to witness the will, because he did not know the testator; from these circumstances, and the cause being called on at the time, I am unprepared with the means of retaining those gentlemen at the bar that are necessary for my defence. Under all these disadvantages I stand at this bar; and whatever my sate may be, I am entirely innocent of the fact charged against me; in August 1701, I used to go frequently backwards and forwards to Isgar's house for money, and there was one Bowden sitting in the chair: I asked for Isgar; he said he was in his office; upon that Isgar opened the door immediately; now, says he, Mr. Austin and Mr. Bowden will you walk in; he said, gentlemen, we want you to sign a will; I said, is it a will, and Bowden said, aye, boy, that is right, let us see if it is a will; I was opened, and we read about two lines of it; I had asked the gentleman if his name was Henry Lewis, he said it was, and when he came to sign the day of the month, there was not room, and the gentleman said it was no odds, I will interline it, and Isgar said that would not look well in a will, and he put down the tenth, and I never heard any more of it till about a fortnight before I was subpoenaed to the trial.(The prisoner called the following witnesses, who deposed to the same points to which they deposed on the trial of Mr. Crossley, see page 379, &c. Grace Briggs, Mary Smith , Charles Webb , James shipway, and also to the same point, Joseph Robinson Smith , and clement Briggs).

CLEMENT BRIGGS sworn.

Examined by Mr. Raine. I am the son of Sir John Briggs .

Q. Did you know the Rev. Mr. Lewis? - A. Perfectly well.

Q. You are in the army? - A. Yes.

Q. Do you remember seeing Mr. Lewis in the winter of 1794? - A. Yes; at Honiton, in Devonshire.

Q. Do you recollect the month? - A. No; it was while we were in winter quarters.

Q. Did any thing particular pass between you and Mr. Lewis, at that time? - A. Yes; captain Rudder, of the Monmouth militia, desired me to go to see him at Honiton, which at his desire I did; he asked me to sup with him, with Mr. Price our quarter-master now, which I declined, in consequence of having the command of near an hundred men; I met Mr. Lewis at a public-house, at Honiton, I don't know the sign, it was head-quarters; he asked me how I was, and when I had heard from my relations, I told him, not a long time; he told me, he had heard that I was going to be married, and he thought improperly, and begged me not to do it; I told him that I was determined; he said, if I would not marry, he would alter his will in favour of me; he said, I should reap the benefit of it immediately, or something of that kind; he paid me two or three other compliments, which it is not necessary for me to mention.

Q. Did he say any thing about your father and mother? - A. He asked how my mother was particularly.

Q. Did he say any thing about their death? - A. Yes; he said it was improper for me to marry, because I should have a title, and he did not doubt I should have a fortune enough to support that title, and desired me not to marry for that reason, as my friends at present were in confined circumstances.

Q. Did he state to you how you were to become a man of fortune? - A. No; I understood from him, that he would alter his will in my favour; a great deal more passed that has escaped my memory, and I mentioned this to five gentlemen.

Cross-examined by Mr. Daunrey. Q. You are not in the army now? - A. I am a half-pay officer.

Q. How long have you been in London? - A. I have been in London this last time, I believe, three weeks.

Q. Where are you in London? - A. In general, with colonel Thornton, above Millington's, the Queen's-head, in Holborn.

Q. You were in London at the time of Mr. Crossley's trial? - A. Certainly; I thought it was a duty incumbent upon me.

Q. It certainly was, but you were not called? - A. No.

Q. Do you know George Tyler , who was called upon that trial? - A. Yes.

Q. He came to give evidence about some shoes your father brought from Monmouth for your sister, did he bring his books up with him? - A. I believe he did.

Q. How came you to tell him it was not material, that he should produce his books? - A. I told him it was not necessary.

Q. For what reason did you tell him that? - A. I had no particular reason.

Q. Did you see the books? - A. I called upon

him at Monmouth, as one of my father's tradesmen, to enquire whether he had been there on that day.

Q. When did you first know, that the 26th of April was a material day to enquire about? - A. On or about that day, I thought from information I got.

Q. From whom had you that information? - A. From a friend of mine.

Q. Who is that friend? - A. Mr. Crossley; I look upon Mr. Crossley as a friend, because he was so far connected in this business.

Q. What connection had Mr. Crossley with this business? - A. I thought, by the acquittal of Mr. Crossley, he had proved his innocence.

Q. When were you first acquainted with Mr. Crossley? - A. I believe it is near a twelve-month now; it was after the Hereford assizes.

Court. I think you had better spare the examination of this young man as much as you can.

GUILTY . Deat h. (Aged 40.)

Tried by the third Middlesex Jury, before Mr. Justice GROSE.

Reference Number: t17960511-21

337. ROBERT ARNOLD was indicted for feloniously stealing, on the 6th of April , a carving-knife, value 12d. a carving-fork, value 12d. and an axe with a wooden handle, value 18d. the property of Craswell Gibson .

CRASWELL GIBSON sworn.

The prisoner lived with me as groom , he left my service on the 5th instant; during the time he lived with me, I lost various articles. On the 6th instant the day after I had discharged him, my counting-house, leading to my dwelling-house, was broke open, which led to a strong suspicion of the prisoner; I went to the Police-office, and got a search-warrant, and went to his lodgings, where I found several articles, which are here.

JOSEPH HAYNES sworn.

I searched the prisoner's lodgings, with Mr. Gibson, I found this axe, and this knife and fork, (producing them).

Mr. Gibson. The knife and fork are mine; I know the fork because the spring of it was broke; and the knife I suppose to be mine, by it being with the fork.

Q. Do you know the axe. - A. I do not.

Prisoner's defence. My master has not settled with me.

NOT GUILTY .

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

Reference Number: t17960511-22

338. ROBERT ARNOLD was again indicted for feloniously stealing, on the 6th of April , a handsaw, value 2s. the property of William Whitteron .

WILLIAM WHITTERON sworn.

I am a carpenter , at Limehouse; the hand-saw which was found at the prisoner's lodgings is my property, I missed it on Easter Monday last; I worked, as carpenter, for Mr. Gibson.

JOSEPH HAYNES sworn.

On the 6th of May, I searched the prisoner's lodgings, and found a hand-saw in the corner of his room, (produces it).

Whitteron. This is my saw, I know it by a private mark in the side, that has been cut with a chissel.

Prisoner's defence. I only took it home to saw a bit of wood, and I intended to take it back again, as I had often done before.

Whitteron. I had missed it from Easter Monday till it was found in his lodgings.

NOT GUILTY .

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

Reference Number: t17960511-23

339. MICHAEL DUGGIN was indicted for feloniously stealing, on the 23d of April , a prince's-metal candlestick, value 1s. 6d. the property of Joseph Percival .

JANE PERCIVAL sworn.

I am the wife of Joseph Percival; I lost a prince's metal candlestick from off my shop-window, between five and six o'clock in the evening of the 23d of April; that is all that I know about it.

MARY JACKSON sworn.

I saw the prisoner take the candlestick from the shop-board, I was looking out at my window right opposite Mrs. Percival's; it was upon the window-board for sale; as soon as I could get down stairs, I told her of it, and she heard no more of him till he was apprehended; the candlestick was never found upon him.

Q. Did you ever see the prisoner before? - A. No.

NOT GUILTY .

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

Reference Number: t17960511-24

340. COLIN MARKINSON and JOHN M'CAUL were indicted for feloniously stealing, on the 26th of April , fourteen pounds of paint, called white lead paint, value 4s. the property of William Manby .(The case was opened by Mr. Ward).

HARRIET MORGAN sworn.

I am servant to Mr. William Manby , No. 270, in the Strand . In consequence of directions from my master, about seven o'clock in the morning of the 26th of April, I looked to see what was going on in the shop; I placed myself by the bannisters of the stairs, where I could see them without their

seeing me; as soon as Colin Markinson came in, he took down one shutter, he was porter, a man came in, and he sold him some whiting and size, he gave change, and put the money into his pocket; when he had took down the shutters, M'Caul came in, and then Markinson took a new pot, and put three ladles and a half of white lead into it, and covered it up with a piece of new paper; he put it into a back place where the mill stands, and put it into a tub; when M'Caul came in, he told him what he had done; M'Caul said, you have; and he said, yes; M'Caul told him to make haste off with it; Markinson put on his hat, at the outside of the door he covered the pot over with his apron; when he got to the end of the window he uncovered the pot, and went away down the Strand; he came back in about ten minutes; but before he came back, my master asked M'Caul where Colin was gone; and he said, he was gone down the Strand to drink some gin with some old soldiers; my master said, no, he is not; you know very well where he is gone as well as I, you know that he has got some white lead; and M'Caul said, no, he had not, with that M'Caul stood at the door till Markinson came back, and then my master charged him with taking the white lead out of the shop.

Q. M'Caul was by at this time? - A. Yes; he said, he had not taken any thing out of the shop; he said you have; and my master desired him to fetch his property back; with that, Colin went down the Strand to get it back again; and then he brought in some size and whiting, and said, that was what he had taken out of the shop.

Cross-examined by Mr. Knapp. Q. How long have you lived with the prosecutor? - A. Six months.

Q. M'Caul, I believe, has been in that shop between twenty and thirty years? - A. Yes.

Q. How long has the other prisoner been in the shop? - A. I cannot say.

Q. Before you came into the house? - A. Yes.

Q. It is very large shop? - A. Not very large; it is narrow and long.

Q. As long as this Court? - A. No; the bannisters of the stairs go up from the middle of the shop, about three yards from where I saw the prisoner take the white lead.

Q. Do you serve in the shop yourself? - A. No.

Q. Therefore you don't know where the white lead and the different sorts of paint are, do you? - A. Yes, I do; I can go to any of those places, and have done it.

Q. Do you know how long the white lead had been placed there? - A. Many years.

Q. Now, at three yards distance, and you watching over the bannisters of the stairs, will you swear it was white paint and not whiting? - A. I saw him sell the whiting and size first; and then he took a new pot, with three ladles and a half of white lead; I saw it as plain as that book is before me.

Q. Whiting is of the same colour with white paint? - A. One is dry and the other wet.

Q. He said he would go for the property, and brought back this whiting and size? - A. Yes.

Q. Have you always been upon good terms with these old servants, who have been so many years in the house? - A. I always behaved civil to them, and they always behaved civil to me; and I discharged my duty to my master.

Q. You never had any quarrel? - A. Never.

Q. Nor any complaint made to your master at all? - A. Never.

Q. Recollect yourself? - A. No; I never had with either of them.

Q. One of them never told your master any thing about a soldier, did he? - A. Not that I know of.

Q. Nor threatened to tell your master about it? - A. No.

Q. About a soldier keeping you company, you know? - A. Yes, some time ago.

Q. How long ago was that? - A. That was the summer before last.

Q. What did the impudent fellow say to your master about it? - A. I do not know that he said any thing; that does not concern the theft.

Q. But I will have the whole truth; there was some quarrel about this threatening to tell your master about keeping company with a soldier? - A. No.

Q. Did he tell your master of it? - A. Not that I know of.

Q. Did he, or did he not, threaten to tell your master of it? - A. No.

Q. Did the other prisoner? - A. No.

Q. One of them told your master about your keeping company with a soldier; which of them was it? - A. I do not know that either of them did.

Q. Upon your oath, which of the prisoners was it told your master? - A. They might both of them chuse to call my name in question.

Q. Upon your oath, did either of them, or both? - A. It might be both for what I know.

Q. Of course, you were not very much pleased, were you? - A. I knew they could not say any thing against me.

Q. Were you pleased with it? - A. I was neither afraid nor ashamed of it.

Q. Perhaps you did keep company with a soldier then? - A. And what of that.

Mr. Ward. Q. What was this soldier's name? - A. Morrison.

Q. I believe he was a fellow-servant of your's? - A. Yes.

WILLIAM MANBY sworn.

I am an oil and colourman in the Strand: In

consequence of an information I had received, I gave directions to the last witness to be upon the watch; in consequence of what she told me. I came down into the shop, and asked John where Colin was gone; he said he did not know, but he believed he was gone to get a glass of gin with some old soldiers; I said, John, how can you tell me that lie, when you know he is out with some white lead; he said, he did not know that he was, and while I was talking to John upon the business, Markinson returned; I asked him where he had been; he said, but a little way; I said, you have been out with some white lead, where have you carried it to; he said he had not; says I you have, and I insist upon your going and fetching it back; after talking about it some time, he went away, and in a quarter of an hour or thereabouts he came back with a pot of size and whiting; says I, this is not what you took out, for you took out white paint; he said it was, and that he only took it for his own use; I told him it was no such thing, I was certain he had been and bought that elsewhere; I sent my young man to Mr. Hughes's with that pot of size and whiting.

Q. Had Harriet Morgan an opportunity of knowing where the white lead, and where the size and whiting is kept? - A. It is impossible for a person to be in the house without knowing where either of them are.

Court. Q. Are they always kept in the same place? - A. Always; we have three or four places for the white lead in tubs.

Q. Do you believe that any body could place themselves upon that stair-case, and look into the shop and see what is going forward, without being seen in the shop? - A. Yes.

Q. If there had been any quarrel between this girl and either of these men, you must have known it? - A. There might, but I never heard of any quarrel between them.

Q. No complaint from the prisoners of this girl being too familiar with any person? - A. Never that I can recollect.

Q. What has been the character of this young woman, a modest, well-behaved girl, or the contrary? - A. She has been so while the has been with me, and from the recommendation I had with her.

Q. How long has M'Caul been in your service? - A. Upwards of twenty years.

Q. By whose recommendation did Markinson come into your service? - A. M'Caul's.

Cross-examined by Mr. Knapp. Q. It was after this conversation between you and him that he returned with this pot of whiting and size? - A. Yes.

Q. You never heard any complaint of this girl from either of the prisoners? - A. No, never; I heard that a soldier did keep her company before she came into my service.

Q. What is the value of this white paint? - A. According to the description the girl has given of the quantity, I suppose 5s. 9d.

Q. You never recovered your white lead? - A. No.

Q. I take that for granted that you could not have sworn to it if you had? - A. No.

Q. They were originally committed, I see, by Mr. Bond, charged with stealing to the value of 10d. and now you charge them with stealing to the value of 4s.? - A. I don't know how it came to be put down 10d. I told Mr. Bond 5s. 9d.

JOHN PEARCE sworn.

I live with Mr. Hughes, oil and colourman, No. 67, Drury-lane; the prisoner Markinson came to my master's house, I cannot tell the day, it was the latter end of April.

Q. Do you remember any pot being sent to your house that day? - A. Yes; Mr. Manby sent to our shop to know if his man had been for any whiting; the prisoner Markinson had been about half an hour before, if not less, and asked for a two-penny pot, which in the trade we call a double pot, and a quart of size and a penny worth of whiting, which I served him with, and he paid for it and went his way.(The prisoners left their defence to their Counsel, and M'Caul called three witnesses, who gave him a good character).

Markinson, GUILTY . (Aged 48.)

M'Caul, GUILTY. (Aged 49.)

Confined twelve months in the House of Correction , and fined 1s.

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

Reference Number: t17960511-25

341. FRANCIS STUDLEY was indicted for feloniously stealing, on the 26th of April , a gallon of spermaceti oil, value 7s. the property of Richard Hughes , Thomas Arnold , and Richard Wroughton .

THOMAS GYLAND sworn.

I am servant to the prosecutors, who are the proprietors of Sadler's Wells; I have lived with them thirty years; a fortnight before Easter, I engaged the prisoner as a lamp-lighter to come there for the season; I have the buying of the oil for the proprietors, and about a fortnight after I had had him, I began to miss some oil; I took no notice, but the next day after I had missed a little, he asked me to give him some; I told him he might take a little; he brought a quart bottle and filled it; I told him I would not stand that any more; I acquainted my master of it, I told him the circumstance; in a few days after I was sent for by Mr. Hughes.

Q. Do you know any thing further of the matter? - A. I was present the second time he was

searched, on Tuesday the 26th of April, and he had a tin thing tied round his body full of oil.

Q. That oil you could not ascertain to be your masters? - A. In all likelihood it was, because the prisoner was not off the premises all the day, only to the public-house.

Q. Do you know whether he had any oil about him in the morning when he came? - A. I do not know.

Cross-examined by Mr. Knapp. Q. He might have oil in the morning for what you know? - A. He might, but it is not reasonable he should come to Sadler's Wells with it.

Q. Has not Mr. Wroughton sold his property in the Wells? - A. Not entirely.

Q. A lamp-lighter is the very person of all others who would be likely to have oil about him? - A. Yes, to light the theatre; I draw the oil and measure it out every morning to every man, and have done so for many years.

Court. Q. Could the bringing of oil in the morning be of any use at all? - A. No; I used to pay him 18s. a week for lighting the lamps.

RICHARD CARTER sworn.

I am carpenter to Sadler's Wells; Mr. Hughes, on Tuesday the 26th of April, desired me to go up the yard for Mr. Spelling, the constable, and tell him to do the business that he knew of; I accordingly went to his house and told him, and I went to the public-house to wait for the prisoner when he had done his work, and the constable fetched three tin cases of oil to me at the public-house, he asked me to mark one of them that I should know it again, which I accordingly did, and then he put them in their place again where he had found them. he was afterwards taken up and brought to the King of Prussia public-house the same day; he was searched before I came in; we afterwards went to another public-house, upon Saffron-hill, and he was searched again, and a tin case was found round his body, full of oil.

Q. How much might it contain? - A. I suppose five pints, and seven pieces of candle in his pocket.

Cross-examined by Mr. Knapp. Q. Was not the prisoner at the bar before the Magistrate, discharged and taken up again? - A. No, he was not.

JOHN SPELLING sworn.

I am a constable of the parish: On the 25th of April, I went to the public house, and saw, in the false ceiling, in the privy, three tin cans full of oil, and I had a suspicion they were stolen from Sadler's-Wells; I went and spoke to the Manager, and he desired me to watch it; the next morning, Mr Hughes and I both watched the prisoner; I saw him come out of the oil-house, and come up the yard, and went through this public house to the privy; I saw him put something out of his pocket, but I could not tell what, it was a great way off; I went and looked, and found it was the same, three bottles again; I watched to see who took them away, and saw the prisoner go and take these three bottles of oil away.

Q. How far did you stand to watch him? - A. About twenty yards.

Q. Were you where you could not be seen? - A. I was in my own parlour.

Q. Could you, from your own parlour, see him take out the oil? - A. I could see him go to the place and take something; I immediately went out of my own house into the tap-room, I stopped him and took him down to Mr. Hughes's, with the three bottles of oil upon him.

Q. Did you look to see whether they were gone from the privy? - A. Mr. Carter had marked one of them, and that one was found upon the prisoner,(produces them).

Prisoner's defence. I never took any oil but what Mr. Gyland gave me; he gave me, I suppose, about a gallon, at different times, and I deposited them in that place to take home for my own use.(The prisoner called four witnesses who all gave him a good character.)

GUILTY . (Aged 38.)

Confined six months in the House of Correction , and fined 1s.

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

Reference Number: t17960511-26

342. REBECCA CHETWYND was indicted for feloniously stealing, on the 3d of May , a wooden trunk, covered with leather, value 2s. a stuff petticoat, value 2s. a white dimity petticoat, value 4s. two cotton gowns, value 10s. three linen shifts, value 5s. five linen aprons, value 5s. seven handkerchiefs, value 4s. three pair of cotton stockings, value 12d. three women's caps, value 12d. a black silk cloak, value 4d. a guinea, a half crown, and a sixpence, the property of Elizabeth Bickham , in the dwelling-house of Joseph Fowler ,

ELIZABETH BICKHAM sworn.

I am a single woman, I am out of place, I lived in Newgate-street last; I lodged with Mr. Fowler, in Crown-court, Portpool-lane .

Q. Is he the landlord of the house? - A. Yes; the things mentioned in the indictment were in a trunk in my landlord's bed-room; I sleep in the garret, my room was too small to put the trunk in; I saw the things there about eight o'clock, on the 3d of May, I was attending a sick woman in the two pair of stairs at the time they were taken away; I missed them about a quarter before twelve; a girl alarmed the house that it was robbed; I went and missed my things; the prisoner lodged in the same

room with me, I saw the things at Hatton-garden before the Justice on the Monday following.

Q. Do you know what business the prisoner followed? - A. She worked at a glover's.

Q. Had you given her leave to take away the things? - A. No.

Q. She took them without your knowledge or authority? - A. Yes.

Cross-examination. Q. You know nothing of your own knowledge of the things being taken away? - A. No.

JOSEPH FOWLER sworn.

I keep a lodging-house, No. 1, Crown-court, Portpool-lane; the prisoner and prosecutrix both lodged with me: On Tuesday the 3d of this month, Mrs. Bickham lost her things, her trunk was in our bed-room.

Q. Did you see it there on the Tuesday morning? - A. Yes.

Q. Did you see the prisoner take it away? - A. No; I was out at my labour, I returned about three o'clock, and the trunk was gone, my mistress was working at a gentleman's house, she came home before me, she was apprehensive the house was robbed.

Q. Had you seen the prisoner in the house that day? - A. Yes; she was up in her own room.

Q. Should you know the trunk again if you saw it? - A. Yes; it was full of gowns and wearing-apparel; I went to Worcester after the woman, and found the property upon her; on the Wednesday I took her before a Magistrate, the Alderman gave her her choice to come up to London to be tried, she said, she was very agreeable, and I brought her to town; she owned where the trunk was, at one Mr. Ray's, the bottom of Broad-street, Worcester, and the constable went and found it.

Q. Is the constable here? - A. No.

Q. Did the constable tell you he found them there? - A. Yes; he lodged them with the Magistrate.

Q. Was the girl before the Magistrate at Worcester? - A. Yes; she confessed it all; I told her it would be better for her to confess it.

Q. Had she any thing upon her at the time? - A. Yes; most of the girl's things.

Cross-examination. Q. You say she had some of the girl's things upon her? - A. Yes.

Q. That she told you after you said it was better for her to confess? - A. Yes.

Q. You did not know them yourself? - A. Yes.

Court. Did Bickham go to Worcester with you? - A. No; only my wife.

JANE FOWLER sworn.

Elizabeth Bickham lodged at our house; her trunk was in our bed-room; I saw it there on Tuesday, the 3d of May, at four o'clock in the morning, when I got out of bed to go to my labour; I did not return till an alarm was given me in Tottenham-court-road, that the house was robbed, and the young woman's trunk taken away; I went home, and found the young woman's trunk gone.

Q. Had you locked the door before you went out? - A. No; my husband was in bed.

Q. (To the last witness.) Did you lock the door of your room when you went out? - A. To the best of my knowledge I did.

Q. (To Mrs. Fowles.) Did you find the door open, or the lock broke when you came home? - A. The door was opened, but the lock was not broke; my husband went to Worcester the same night; I went the next day; I found the prisoner on the Friday night, just before eight o'clock; she had the prosecutor's shoes and stockings, petticoat, handkerchief, and cap on; she came to town in the same dress she was found in; I asked her where the chest was; she said it was at the bottom of the street, where I found her; I went with the Town Serjeant, and found the things at one Mr. Ray's, a chandler's shop; the Magistrate ordered them to be delivered to my husband's care, to bring them, with the prisoner, to town: the constable, Mr. Longden, has had them ever since.

Q. (To Fowler.) Did you deliver them to the constable? - A. Yes.

Mrs. Fowler Cross-examined. Q. How long have you known the prisoner? - A. She lodged in my house about twelve weeks; she was to give my daughter five shillings and a month's work to learn her to make gloves.

Q. Your daughter had turned her away? - A. No; her time was out.

Q. Did you promise her you would not hurt her if she would tell where the things were? - A. No, I did not; when I first saw her I put my hand upon her shoulder, and said, Becky. is this you? and then asked her where the things were, and she told me where they were, and I found them there.

ALICE WHITTINGHAM sworn.

I live in the same court with the prosecutrix; on Tuesday, the 3d of May, I saw the prisoner go out of the end of the court with a box in her hand by the two handles; she had a black cloak on; I could not see what it was; she came into our house to have a pair of shoes mended, and said she was going to service; I never saw her before that, that was on the Wednesday.

Jury. Q. What time did you see her? - A. About twelve o'clock.

Q. Did she speak to you at that time? - A. No, I knew her face.

GEORGE LONGDEN sworn.

I am an officer belonging to Hatton-garden:

On Sunday morning last, I was at the house belonging to the office; I was sent for by the deaf man, Fowler, to take charge of the prisoner, and he delivered the trunk to me; on Monday morning she was examined at Hatton-garden.

Q. Was the prosecutrix there when she was examined? - A. She was; the prisoner had a petticoat, stockings, a pair of shoes, a cap, and a half handkerchief, which the prosecutrix said belonged to her. The things were produced before the Magistrate, and sworn to by the prosecutrix; she was stripped by order of the Magistrate, and all the things delivered to me (produces the things taken on her person, and the trunk with the things in it; they are deposed to by the prosecutrix.)

Prisoner's defence. When I had taken the things, and went to Worcester, when she came to me, she told me if I would confess I had taken the things, she would not hurt me.

GUILTY of stealing to the value of 39s. (Aged 17)(Recommended by the Jury to mercy.)

Imprisoned twelve months in the House of Correction , and fined 1s.

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

Reference Number: t17960511-27

343. HENRY WESTON was indicted, for that he on the 22d of January did make, forge and counterfeit, and cause and procure to be made, forged and counterfeited; a certain deed or power of attorney, signed by Lieutenant General Patrick Tonyn , and witnessed by Walter Tomes, servant to Mr. Cowan; and Robert Bowser , serjeant in the 48th regiment, to sell and transfer 5,000l. in the three percent consolidated annuities, with intent to defraud the Governor and Company of the Bank of England .

Second-count. For uttering and publishing the same as true, and several other courts, charging him with the like offence, varying the intentions.(The indictment was stated by Mr. Giles.)

JAMES BOLT sworn.

Examined by Mr. Fielding. I am a clerk in the Bank, in the three per cent consols office.

Q. Look at that book? - A. This is the P. T. transfer book.

Q. See if Lieutenant General Patrick Tonyn appears to be a proprietor there? - A. Yes, for 16,000l. it is witnessed by me; it is in the name of Lientenant General Patrick Tonyn , of Park-street, Grosvenor square.

Mr. GEORGE STAPLES sworn.

Q. You attested that acceptance and transfer by Mr Tonyn? - A. Yes.

Q. Do you know him? - A. I know him now by fight.

Q. All you say is, that you saw the signing of it? - A. Yes.

Q. What is the signature? - A. Patrick Tonyn.

- KINGSBY sworn.

Examined by Mr. Knowlys. I am a clerk in the three per cent. consols office; I know the prisoner.

Q. Do you know of a transfer of stock made by him in the month of January, for 5,000l.? - A. Yes, the 22d of January; it was by virtue of this power of attorney. (Producing it.)

Q. There is a witness demanded to act under that power? - A. Yes, Mr. Weston.

Mr. Serjeant Shepherd. Q. Are you speaking to what you recollect, or the inference you draw from the paper? - A. I recollect the circumstances, and Mr. Ockden signed to the identity.

Q. Look at the transfer? - A. It is my handwriting; the transfer is by Henry Weston , as attorney to Lieutenaut General Tonyn.

Q. Who did you transfer that stock to last? - A. 2,000l. to James Bennet , 2,000l. to Thomas Smith, and 1,000l. to Edward Gale.

Q. Who is the witness to that transfer? - A. Mr. Fish, 11,000l. of it.

Q. Is he here? - A. Yes.

Court (to Mr. Bolt.) Q. I have not the date when the transfer was made that you witnessed? - A. The 21st of May, 1795.

Court (to Kingsby.) Q. When was the transfer by the power of attorney? - A. The 22d of January, 1796.

JOHN FISH sworn.

I am clerk in the three per cent. consols office: this is a transfer from John Bagwell to Lieutenant General Patrick Tonyn , dated 11th of the present month.

Cross-examined by Mr. Wood. Q. Do you know any thing of Mr. Bagwell? - A. Yes, I saw him make the transaction; I have known him years.

GENERAL TONYN sworn.

I witnessed the acceptance.

JAMES SNEATH sworn.

Q. Look at this. Did you see General Tonyn sign that acceptance and transfer? - A. I did; I witnessed it for 11,000l.

Court. What are you? - A. A clerk in the Bank.

FRANCIS MARTIN sworn.

Examined by Mr. Garrow. I am clerk in the three per cent. consols office; I witnessed that transfer by Mr. Sprout; I have known him some years; to General Tonyn 5,000l.

Q. (To Sneath.) Look at the General's acceptance of that; did you see the General accept it and witness it? - A. Yes, I did, on the 11th of May.

JOHN OCKDEN sworn.

This is the general cash-book of the Bank,(producing it.) it is the account of profit and loss.

Mr. Garrow. Then the Bank purchased 16,000l. stock.

Mr. Serjeant Shepherd. Q. Do you know any thing of that circumstance but what appears in that book? - A. I paid the money out of the funds of the Bank for the purpose of buying 16,000l. stock for General Tonyn.

Mr. Serjeant Shepherd. Q. Who furnished you with the money? - A. The Governor gave us tickets.

Q. Was the order in writing? - A. Yes.

Mr. Garrow. Who did you receive your means of payment from? - A. It was from the Governor that we had it.

Q. In what shape did you make your payments, to the persons who sold the stock to you? - A. I had nothing to do with the stock, only to pay the money.

Q. How did you make the payment? - A. We gave tickets upon the pay-clerks of the Bank.

Q. Was it your money, or the money of the Governor and Company of the Bank? - A. Of the Governor and Company of the Bank.

Q. That you paid for this stock of the General's? - A. Yes.

Mr. Serjeant Shepherd. Did you ever pay any money of the stock. - A. Yes, 11,800l. to Templeman and Cole.

Q. Did you give money or an order? - A. An order.

Q. Do you know any thing more about it than that you got an order and gave it to somebody for the stock? - A. I had an order from the Governor to pay Templeman and Cole.

Q. Did you do any thing more than give a paper of some sort for that stock paid for Gen. Tonyn? A. I gave an order to Cole and Templeman, that is all I know about it.

Court. Who are they? - A. Bank-brokers.

Q. For how much money? - A. 11,800l.(Mr. Serjeant Shepherd objected to the competency of General Tonyn as a witness to prove that it was not his hand-writing, because he had an interest in proving that it was not, which objection was over-ruled by the Court.)

Mr. Garrow. (To General Tonyn.) Q. Are you acquainted with Mr. Weston, the prisoner at the bar? - A. Yes; I have been acquainted with him four or five years.

Q. Were you, on the 22d of January last, a proprietor of any stock in the fund of three percent consolidated annuities? - A. I conceived myself to be so of 16,000l.

Q. Have you since accepted, in this present month, any transfer to the amount of 16,000l.? - A. I have; on Wednesday last, the 11th.

Q. Was that 16,000l. stock purchased with any money of your's, or transferred to you by order of the Bank? - A. Transferred to me by order of the Bank, and not purchased by any money of my own.

Q. Have you now any other claim against the Bank, but such as results from your situation, for that 16,000l. principal sum, and the dividends? - A. I have not.

Q. About what time had you made the investment of the 16,000l? - A. The 21st of May, 1795.

Q. Who managed the business of that investment for you? - A. I applied to a Mr. Vickery; the prisoner was present at the time the transfer was made.

Q. Be so good as look at that paper; are you acquainted with the hand-writing of Mr. Weston? - A. I have seen his writing.

Q. Are you sufficiently acquainted with Mr. Weston's writing to say whether the body of that instrument is filled up by him? - A. It appears to me as such.

Q. Now, look at the signature of Patrick Tonyn, which purports to be your's, is that written by you? - A. No.

Q. Did you ever sign, seal, or deliver, that instrument which you have now in your hand? - A. No, not to my knowledge.

Q. Are you certain that you did not? - A. I am certain.

Q. Be so good as look at the signatures of the witnesses; there is a person of the name of Bowser; do you know a person of that name? - A. Yes; he is my regimental clerk, and a servant with me.

Q. Are you acquainted with the manner in which your clerk, Bowser, writes? - A. Yes.

Q. Do you believe that to be his signature? - A. I don't know; it has a resemblance.

Q. On the 21st of January last, were you residing in Park-street, or in the country? - A. I was in the country, at Ipswich.

Q. Was Bowser your servant, and with you at that time? - A. He was.

Q. Do you know any thing of the other witness who appears to have attested that, Tomes? - A. I know several of that name, but I don't know any person whose signature this is.

Q. Did you, at any time in the month of January, or any other time, by writing, or otherwise, authorize Mr. Weston to fell your 16,000l. stock? - A. Never.

Q. I believe, in the month of April, you had given some directions with respect to your stock? - A. Yes; to Mr. Aldridge, my solicitor.

Q. In consequence of what passed between you and him, did you see Mr. Weston? - A. I did; accidentally.

Q. What day was it you saw Mr. Weston upon that occasion? - A. On Friday the 8th of April.

Q. Where was it that you saw him? - A. I went by appointment, and saw him at Mr. Aldridge's.

Q. You did not expect to see him there? - A. No.

Q. Tell us what passed between you and Mr. Weston, or between you and Mr. Aldridge in the prisoner's presence? - A. I was to have come from Mr. Aldridge's to the Bank, to make the transfer; but I was told, either by Mr. Weston or Mr. Aldridge, that it was a very busy day at the Bank, that they were paying the dividends to the bankers, and that if I went to the Bank to make a transfer, I should be detained three or four hours, and, perhaps, not get it done at last; I then said, I must go some other day, and I could not go the next day, having some business upon my hands, and I fixed it for Monday; Mr. Weston had been out of the room, and came in again just at that time when I was talking to Mr. Aldridge, and said, that he would meet me at the Bank on the Monday. Mr. Aldridge said, you will have no objection for Mr. Weston to do the business for me, for I am obliged to go out of town on Sunday; I said, I could have no objection, if the business was done, that was all I wanted. I went to the Bank, about a quarter before twelve, and found that there was no stock in my name.

Q. You have not seen the prisoner from that time till since he was in custody? - A. No.

Q. Do you know a Mr. Cowan, of Ely-Place? - A. Yes.

Q. Did you ever lend him your stock at any time? - A. No.

Q. Have you ever authorized Mr. Weston, or any body else, to receive your stock? - A. Never.

Q. Were you ever applied to by Mr. Cowan to lend your stock? - A. Never.

Cross-examined by Mr. Wood. Q. How long have you been acquainted with Mr. Weston? - A. Four or five years.

Q. You will not take upon you to say whether the body of this is his hand-writing or not? - A. I can only say it resembles it.

ROBERT BOWSER sworn.

Examined by Mr. Fielding. I am serjeant in the 48th regiment, commanded by General Tonyn ; I live in the General's house.

Q. Where were you in January in this year? - A. At Ipswich, in Suffolk; I went there the 26th of last May, and staid there till the 26th of December; and from that time till the 31st, I was at Yarmouth, when I returned to Ipswich, and was there till the 5th of March last.

Q. Do you know any thing of Mr. Weston, the unhappy young man at the bar? - A. Yes; I have seen him at Mr. Cowan's, and he has seen me write frequently.

Q. Look at your name signed to that instrument? - A. This is my name, but not my writing.

Q. Is any part of that paper your writing? - A. Not any part of it.

WALTER TOMES sworn.

Examined by Mr. Knowlys. Q. You are servant to Mr. Cowan? - A. Yes.

Q. You were so on the 22d of January last? - A. Yes.

Q. Do you know Mr. Weston? - A. I do.

Q. Look at the name of Walter Tomes there, is that your writing? - A. Yes.

Q. How came you to write your name there? - A. I was asked to write it by Mr. Weston; I went to Lloyd's coffee-house to Mr. Weston, and he told me he had been on my business, and that it was in a wrong name, or the name was spelt wrong, or something of that sort; and he said, he was obliged to make an affidavit, which he asked me to sign; he told me it cost him half-a-crown.

Q. What passed then? - A. Nothing more; I signed it, and left it.

Q. Did you look at what it was you signed? - A. No; it laid upon the table, and I signed my name to it; there was no writing upon that that I saw.

Q. Was General Tonyn present at this time? - A. No, he was not.

Cross-examined by Mr. Knapp. Q. That was blank, there was no writing upon it? - A. There was not.

Q. What is now wrote upon it, you know nothing about? - A. No.

Mr. Knowlys. Q. Do you know Mr. Weston's hand-writing? - A. Yes.

Q. Do you believe the body of that paper to be his hand-writing, or not? - A. It appears to be such, I am not positive; I don't mean to swear to it.

Court. Q. When you signed that paper, was any other name signed to it? - A. I saw no other name; it was a printed paper, and no writing upon it at all that I know of.

Jury. Q. Did you read the printing that was upon that paper? - A. I did not.

Court. Q. What did you take it to be? - A. An affidavit.

Court. Q. You had had some transaction with the prisoner about some money? - A. He had sold me out ninety pounds.

Court. Q. He had authority from you to sell out this money? - A. Yes; and he was to invest it in some other stock.

- ALDRIDGE sworn.

Examined by Mr. Giles. Q. Had you any transaction relative to a transfer of General Tonyn 's stock? - A. I went to the Bank on Thursday the 7th of April, and saw Mr. Weston there.

Q. Were you referred to any person, and who, in Mr. Weston's presence? - A. I told Mr. Weston,

that the General would attend at the Bank on the following day, the 8th, to transfer 16,000l. Bank-Annuities into the names of the executors under his brother's will.

Q. What reply did he make to that? - A. Mr. Weston wished the appointment to be postponed, and requested me to get the General to attend at a future day.

Q. Had you said any thing to Mr. Weston about a deficiency of stock? - A. I told him, I had just been told by Mr. Vickery, that the stock had been already sold, and Mr. Weston said it was true, it was sold, but it was in navy-bills, and the navy-bills would be sold to replace the stock.

Q. Did he say why it had been converted into navy-bills? - A. He said, the stock had been lent to Mr. Cowan, by General Tonyn, and that Mr. Cowan was to replace it previous to the time of the transfer taking place to the executors.

Q. Did he give you any reason for its not having been replaced? - A. He said, the reason was, that the navy-bills had been low in price, and that there was an expectation of their getting higher; and therefore he wished the business to be postponed, that the navy-bills might be sold to the best advantage; I told Mr. Weston, that the appointment had been absolutely made with the General for the next day, and that I could not of myself put it off; Mr. Weston requested I would apply to the General to know if another day was convenient; I did not assent to it, but told him I would speak to the General upon the subject if I saw him, but not to rely upon the appointment being postponed.

Q. Were you to communicate the whole of the conversation to the General? - A. I said to Mr. Weston, I should suppose if this is the case, a few days will not be very material, and I had better tell the General the real circumstance of its being in navy-bills; Mr. Weston said, I must request you will not do that; the General, when he lent it to Mr. Cowan, desired it might be a secret, and did not wish that you might be made acquainted with it; and I believed what Mr. Weston said most implicitly.

Q. In consequence of that did any thing more pass between you and Mr. Weston? - A. He said, if the General was agreeable to attend another day, he begged I would let him know.

Q. Did you inform him after you had spoken to the General? - A. I wrote a note to Mr. Weston, to inform him that I had called upon the General, and he was out, and requested he would be ready the next morning to have the business compleated.

Q. When did you see him afterwards? - A. I saw him the next morning at my house, in the presence of General Tonyn ; the General came to me at half past eleven, according to the appointment previously made, to go to have the stock transferred; Mr. Weston came at the time, and told the General, that if it could be postponed till the next day at twelve o'clock, it would be a great convenience, for he would be kept a very little time, whereas, if he went on that day, it being the first day of paying dividends, he would be detained, most likely, two or three hours, and the appointment was fixed for the next Monday, at twelve, to meet at Mr. Vickery's.

Q. Are you acquainted with Mr. Weston's handwriting? - A. I have seen Mr. Weston write.

Q. Look at the body of that, do you believe it to be his hand-writing? - A. I could not positively swear it to be his.

Q. Do you believe it to be his from your knowledge of his hand-writing? - A. I should have great difficulty in saying I was certain it was his.

Q. But do you believe it; you must have your belief one way or the other? - A. My belief rather inclines that way.

Q. Do you believe this to be his writing, (showing him a letter)? - A. Yes, I do.

Mr. Garrow. It is written upon two sheets of paper, addressed to Mr. Cowan, or Sir Hugh Palliser Walters, Bart.

Witness. I have known Mr. Weston since the month of October, 1791, or thereabouts.

Mr. Serjeant Shepherd. Q. What has been his general character during that time? - A. Till the rumour of this unfortunate transaction, I believe Mr. Weston's character to have been pure, honourable and correct in every respect.

THOMAS COWAN sworn.

Examined by Mr. Garrow. Q. Do you reside in Ely-place? - A. Yes.

Q. Have you long been acquainted with Mr. Weston? - A. Yes.

Q. Are you acquainted with his hand-writing? - A. Yes.

Q. Look at this letter, and see if the body of it is his hand-writing, in your judgment? - A. I should think so.

Q. You appear to be the first-named person there as the attorney; do you know of any power of attorney having been executed by General Tonyn to you and Mr. Weston, to transfer any stock? - A. No.

Q. Had General Tonyn lent you 16,000l. stock, or any other sum at any time? - A. Never.

Q. Did you ever apply to him to make any such loan? - A. Never.

Q. Did you know, till this unhappy event, that any such transfer had been made? - A. No.

Q. Be so good as look at that letter; do you believe that to be the hand-writing of Mr. Weston? - A. Yes.

Mr. Garrow. I see you are very much affected, we will not trouble you any further.

Mr. Garr (To Tomes). Q. You were a servant of Mr. Cowan's? - A. Yes.

Q. Did the prisoner apply to you at any time to go out of own with him? - A. I went out of town with him he asked me, on the Friday evening, before he was apprehended on the Monday; I don't know, whether he asked me, or whether I asked him to et me go with him; I went with him as far as lighgate-hill on the Saturday morning, and there left him, and he desired me not to say which way he went; he desired me to say, that he went out at Hyde-park-corner.

Q. On the Monday you went to the Bank? - A. Yes.

Q. And was stopped and questioned respecting your knowledge of Mr. Weston? - A. Yes.

Q. In consequence of your information a pursuit was made, you understood? - A. Yes.

Mr. Knapp. Q. You went below Highgate with Mr. Weston? - A. Yes.

Q. In what state of mind was he at that time? - A. Very low spirited, and very much dejected indeed.

JOSHUA PITT sworn.

Examined by Mr. Garrow. I am a clerk in the Bank; I went with some peace-officers in pursuit of Mr. Weston on the Monday after the forgery; we went to Highgate, and from thence to Barnet, and so on to Liverpool; I arrived at Liverpool on the Tuesday evening, about a quarter after ten.

Q. Did you find Mr. Weston there? - A. We did.

Q. At what place, and under what circumstances? - A. We went up into a room, in which Mr. Weston was in bed.

Q. Was the room fastened? - A. No; Miller and Sayer, two of the officers of Bow-street, went into the room with me.

Q. Was he secured? - A. He was.

Q. What passed upon your entering the room? - A. After we had gone into the room, it was a double bedded room, a gentleman that had travelled with him was in the first bed; upon Miller saying, come, sir, get up, the gentleman raised himself in the bed, I saw it was not Mr. Weston, and then we went to the other bed, and Mr. Weston was secured; I saw Sayer find a pair of pistols by the bedside.

Q. Have you known him at the Bank? - A. I know him perfectly well.

Q. Do you know his hand-writing? - A. No.(The power of attorney read).

No. 44,619 Consolidated 3 per Cent. Annuities, sale of 5,000l. examined. J. M

"Know all men by these presents, that I, Lieutenant General Patrick Tonyn, of Park-street, Grosvehor-square; do make, constitute, and appoint Thomas Cowan, of Ely-Place, London, Esq. and Mr. Henry Weston of the same place, gentleman, jointly and severally, my true and lawful attornies for me, in my name, and on my behalf, to sell, assign, and transfer all or any part of 5,000l. being the whole of my interest or share in the capital or joint stock of Consolidated 3 per Cent. Annuities, directed by an Act of Parliament, of the twenty-fifth of the reign of his Majesty King George II . entitled an Act for converting several annuities therein mentioned into several joint stocks or annuities, transferrable at the Bank of England, to be charged on the sinking fund, &c. and by several subsequent acts; also to receive the consideration money, and give a receipt or receipts for the same, and to do all lawful acts for effecting the premises hereby satisfying and confirming all herein contained, by virtue whereof, in witness whereof, I hereto set my hand and seal, this 21st day of January, in the year of our Lord, 1796. (Signed) Pat. Tonyn.

Signed, sealed, and delivered, being first duly stamped in the presence of us, Walter Tomes , servant to Thomas Cowan , Ely-Place, Robert Bowser , serjeant in the 48th regiment, Park-street, London.

- MILLER sworn.

Examined by Mr. Garrow. Q. You are one of the officers of Bow-street? - A. Yes.

Q. Did you go with Pitt and Sayer to apprehend Mr. Weston, at Liverpool? - A. Yes.

Mr. Serjeant Shepherd (To Bolt). Q. Is that the form of powers of attorney used in the Bank generally? - A. Yes, exactly so.

Q. When a power of attorney is wanted, they are delivered out by somebody in the Bank? - A. Yes; for different offices.

Mr. Garrow. Q. The ordinary course is, that it shall be filled up in the ordinary way in the respective offices? - A. Yes.

Mr. Serjeant Shepherd. Q. Suppose I were to bring a power of attorney? - A. It must be examined by the gentlemen in the office.

(The letter read, addressed, Mr. Cowan, or Sir Hugh Palliser Walters, Bart). (Signed) H. W.

Having, in order to avoid miserable, destructive reflections, made up my mind to commit an act, at which I shudder, it is necessary, briefly to give some account how I have so involved myself. Early in May 1792, Mr. Cowan gave me the management of his affairs, and a compleat controul over his money concerns. In the August following, Sir Hugh entrusted me with the management of near 700l. a year; I then engaged in stock speculations; I employed Messrs. Mackay and Forbes, and Mr. Salmon, to whom I have paid immense losses. Finding myself thus involved, I ensured to a considerable amount, with Nicholson and Day, to whom I

paid some thousands. In April 1794. I had a considerable speculation in stock with Mackay and Forbes, Mr. Vickery assisted me in paying it, expecting to be paid in due course; after that I lost 1300l. upon Irish debentures. Still finding myself followed by ill-luck, as the books of those gentlemen can show. I had recourse to the gaming-table, at Phillips's and Nelson's, in Past mall, and likewise Searle's, in Covent-Garden, at which place I lost 7000l. I was then tempted to do every thing that was dreadful; I sold out 2000l. standing in my name, and William Gilpins , by a false power of attorney, executed and witnessed, my hand-writing, for General Tonyn; I also forged a power of attorney, empowering Mr. Cowan and me, jointly to sell 11,000l. stock, which I made his servant witness, saying, it was for my aunt, before I signed the name of Pat. Tonyn. I likewise did the same with a subsequent power of attorney, and signed he name of Robert Bowser , as witness there to, but made the servant sign it. In short, the ill-luck that has attended me through life, has induced me, in order to keep up appearances, to commit those neadful acts, and to impose on the credulity of Mr. Cowan, and Mr. Walters, gentlemen; whom I have grossly imposed on; but as my life and existence is a burden to me, I shall conclude in a few words. I have paid Mr. Salmon several thousand pounds losses, the greater part of which was occasioned by his not following my directions. I have paid Messrs. Mackay and Forbes, an immense sum also, for losses, and Mr. Oakley, and also a very large sum for insurance in the lottery; to Mr. Samuel Smith, to Mr. Nicholson, considerable sums for insurance, Mr. Day, ditto; Mr. Bannister, ditto, this lottery, 600l. I have lost immensely at pharo, and also at hazard; in short, every guinea of Mr. Cowan's and Mr. Walter's money that I have spent, is gone in that way, and I have basely injured them. The debts owing to me are as follows: Mr. Lacy, 1148l. 15s.; Mr. Toulmin, 481l.; Mr. Hume, 255l.; Captain Sparrow , 131l. 5s. The above will give some insight into my affairs. At present, I am so deadly ill, that I cannot proceed further, and long before you receive this, I shall be no more; I have been a most unfortunate wretched young man, to involve so many people as I have done; but God forgive me. H. W.(Mr. Serjeant Shepherd took an objection, that the indictment ought to state the whole of the deed, whereas, in the indictment, the title, "Consolidated 3 per Cent Annuities" was omitted; but the Court were of opinion, that it made no part of the deed, and that it was a mere direction to the clerk, for him to see to which stock it applied, and therefore over-ruled the objection).

Prisoner. There are some gentlemen in Court I wish to call to my general character Dr. Peters and some others.

Rev. Dr. PETERS sworn.

Examined by Mr. Knapp. I live at Petico.

Q. How long have you known the gentleman at the bar? - A. About four years.

Q. During that course of time, what has been his general character, as far as came within your knowledge? - A. A very good one; I have frequently been in company with him, and a real many people that have been happy with him I never heard any thing disrespectful of him.

Court. Mr. Aldridge has given the prisoner a good a character as he can possibly have.

BENJAMIN OAKLEY sworn.

I live in Essex-street, I am a stock-broker; have known Mr. Weston four years; I alway thought him to be an exceeding honourable young man; I placed unlimited confidence in him, and ever had the highest opinion of him.

GUILTY . Death . (Aged 22.)

Tried by the London Jury, before M. COMMON SERJEANT.

Reference Number: t17960511-28

344. WILLIAM SMETON was indicted for breaking and entering the dwelling-house of William Dean , about the hour of eight in the night of the 11th of April , and burglariously stealing a kersey mere waistcoat, value 4s. the property of the said William Dean .

WILLIAM DEAN sworn.

I keep a cloaths-shop in Swallow-street, the corner of Little Argyle-street : On Monday the 11th of April, about eight o'clock, I was sitting in a room adjoining to my shop, and I heard a breaking of glass, similar to the breaking of a window; I immediately got up, and went into the shop, I did not examine the window, but returned back; and as soon as I had got into the room, there was a violent knocking at the shop-door; I went and opened it, and there were a great many people, one of them had a waistcoat in his hand, and asked me if I was the master of the house; I said, I was; I called for a light, and looked at it, and said, it was my property, (produces it); Dewsbury, who had the waistcoat, pointed to the prisoner, and said, he had seen him take it out; I don't remember to have seen it in the window that day, but I had seen it day or two before; I am positive it is my property it has my private mark; the prisoner said, he would speak to me if I would go into a private room upon that, he and I, and two or three more, were into the parlour; and he said, he was willing to make me any concession, he had no money but two bad shillings, and that he would leave the coat of his back if I required it.

Cross-examined by Mr. Knapp. Q. This was the 11th of April? - A. Yes.

Q. Was it dark? - A. Yes; quite dark.

Q. Do you mean to swear that? - A. I have sworn it.

Q. You will not swear that the window had not been broke before? - A. I will.

Q. Who instructed you to indict this man for a burglary? - A. The prisoner himself.

Q. How came you to indict him for burglary? - A. I indicted him for a theft.

Q. Did you ever hear of a reward of 40l. for apprehending a person breaking into a house? - A. No; not till the prisoner mentioned it himself.

Q. How long have you been in London? - A. Seven years.

Q. And never heard of a 40l. reward? - A. No.

Q. When you went to Hicks's-hall, did you know then that there was a reward of 40l.? - A. I never enquired into it. I did not wish to prosecute at all it I had not been bound over to it.

Q. Do you know now that he is trying for a capital offence? - A. I don't know it.

Q. You did not make him any promises, or use any threats? - A. No.

Q. You will not undertake to swear that you have not sold a waistcoat of the same pattern before? - A. I cannot.

Q. If you had, it would have had the same private mark upon it? - A. Exactly the same.

Q. Dewsbury was not at the first examination? - A. No.

Q. The Magistrate did not commit the prisoner for trial at first? - A. No; not for trial till the Friday following.

Q. What is the value of this waistcoat? - A. It cost me four shillings.

CLEMENT DEWSBURY sworn.

I am a waiter: On the 11th of April, about eight o'clock in the evening, I was crossing Swallow-street, and I heard a window break, and saw a man pull something out at the window; I could not see what it was till I came to it, he dropped it immediately as he pulled it from the window, and I picked it up, and pursued him as close as I could; he turned the corner of Little Argyle-street, and I lost sight of him in turning the corner.

Q. Were there any other persons running at the same time? - A. Not one; there was not a person to be seen on that side of the way; I am quite certain he is the same man; he was stopped by two brewers; I did not see them stop him, but I heard them say, here he is; when they said, here he is, I said, that is the young gentleman I want, bring him back; when I came to the door of Mr. Dean, I knocked, and Mr. Dean came to the door, and called for a candle; I asked him if that was his property? he looked at it, and said, it was his; I told him that was the young gentleman that I had seen take it from his window; the prisoner, in the room, did not positively deny it; he said, he would take off his coat, or any part of his cloaths, to make Mr. Dean amends for the damage he had done; he said, he was a servant out of place; in giving that account of himself, I was very anxious to set him at liberty; and Mr. Dean said, he would go and speak to his neighbours that were in the shop waiting.

Q. The fact was, that he was taken, and afterwards committed? - A. Yes.

Cross-examined by Mr. Knapp. Q. Was it dark? - A. Yes.

Q. You saw the back of the persons and did not see his face till he was apprehended? - A. No.

Q. You missed him at turning the corner; that you neither saw his back nor face then? - A. Not for the moment.

Q. You never heard of a reward of 40l.? - A. Not till the prisoner told me of it.

Q. You know that there is now? - A. I never was in a Court of Justice before in my life; and never heard it till I heard it from the prisoner.

JAMES WALKER sworn.

I am a cooper; I was standing behind Mr. Sharpe's dray, in King-street, and I heard the cry of "stop-thief!" several times; I did not see the prisoner till he came round the corner of the place close up to me, and myself and one of my fellow-servants caught hold of him, and asked him if he was the thief? he said he did not know what we meant by asking that question; I told him I would secure him till it was proved whether he was the person or not, and instantly Mr. Dewsbury came up, with a kerseymere waistcoat in his hand; he said that he was the man that stole the waistcoat, and desired us to take him to Mr. Dean's house with him, which we did instantly.

Jury. Q. How long had you the prisoner in hold before Dewsbury came up? - A. Instantly.

WILLIAM EDWARDS sworn.

I am a brewer; I heard the cry of "stop thief!" and saw the prisoner running on the other side of the way; I desired my fellow-servant to cross over the way, and then the prisoner crossed over to my side of the way, and I laid hold of him, and my fellow-servant and I carried him back with Dewsbury.

JAMES KENNEDY sworn.

I am an officer belonging to Marlborough-street; I was sent for to Mr. Dean's house to take the prisoner in custody; I found nothing upon him but a tobacco-stopper and some half-pence.

Cross-examined by Mr. Knapp. Q. You know of a 40l. reward? - A. Perfectly well.

Prisoner's defence. I had been to Mary-le-bonne; I heard a cry of stop thief in Swallow-street; I saw half a dozen people standing by a dray; I walked over to them, and they asked me if I was the thief; I told them I was not, and this man came up and said I had stole a waistcoat, and they took me to this gentleman's shop; I told them I knew nothing at all about it; Dewsbury said, if I would own to it they would not hurt me; I said it was a very hard thing to acknowledge what I knew nothing about; they asked me several times; I said, in regard to the window, I had no money, and I would give him any thing I had to make him a recompence; he went out to one of his neighbours, and while he was gone, Dewsbury went out, and then the other man came in and said to his wife, my dear, how could you let the man go, I can do nothing with the prisoner, I should have got 40l. and they took me before a Magistrate, and they thought proper to commit me for want of sureties; I offered to serve his Majesty, and Mr. Deane was very willing that I should go.

NOT GUILTY .

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

Reference Number: t17960511-29

345. ROBERT SIMMONS was indicted for feloniously stealing, on the 29th of April , a gelding, value 1l. 1s. the property of James White .

JAMES WHITE sworn.

I live at Greenford ; I lost a horse on the 29th of April; I don't know any thing of his being turned into the field; it was a little nag horse.

RICHARD PAYNE sworn.

I am a servant to Mr. White; I put the horse in the orchard between eight and nine o'clock in the evening of Friday the 29th of April, and I missed him on Saturday morning between four and five; I went into the orchard to fetch him to go to London; I came to London that day with a load of straw, and coming down Oxford-road, in Hog-alley I met a little boy with my master's poney; I told the boy it was my master's property, and I would swear to it, and the boy let go the horse and went away to fetch Mr. John Cogbell ; he came, and the boy with him; the man said it was his property; I asked him how he came by it; he said he had bought it, and could find the man in a little time that he had bought it of; he sent the little boy to see if William Dauncey was at home, and he was not, and in a minute or two William Dauncey came up with his cart and horse, and when he came up, Cogbell says to him, I have got into a pretty hobble about this old horse, he was stole last night; and I asked Dauncey how he came by him, and he said he bought him at the Coach and Horses at Paddington, of Simmons.

Q. Did you see the prisoner at all? - A. No, not till the runners took him the last day of April.

Q. Had you ever seen him before? - A. No, not till he was brought to Marlborough-street.

Cross-examined by Mr. Peat. Q. This horse was in an orchard? - A. Yes.

Q. How is the orchard secured in an evening? - A. There is a very good fence, the gate was hatched up with an iron staple; I could track the horse out at the gate very plain, and the gate was hatched up again, just as it was when I put him in; there had been a shower of rain, and I could track him out at the gate.

Q. Was this poney of a common size? - A. Yes, and there are six spots upon the hide where the saddle has cut the hair off, and he was blind of one eye.

Court. Have you any doubt about the poney being your master's? - A. No.

WILLIAM DAUNCEY sworn.

I bought this poney on the 30th of April of Robert Simmons, the prisoner at the bar, at the Coach and Horses, Paddington; I gave him 19s. for it; I asked him how he came by it; he said he bought him on the Friday, that was the 29th, of a man that had three horses; he told me the man was going to Smithfield market with them; I meant to send him to the knockers; I said, he is of no manner of use, he has but one eye, broken winded, and I don't know that he has not got the glanders, and he is sit for nothing but the dogs, and I bought him for that, and I sold him to John Cogbell in the stable, for a guinea and an half.

Q. Do you know whether Payne, the last witness, ever saw him afterwards? - A. Yes, he saw him at Marlborough-street; I was at the taking of the prisoner, and he gave the same account then that he had given me before, that he bought it of a man going to Smithfield.

Cross-examined by Mr. Peat. Q. Had you any conversation with Payne at Marlborough-street, about the money you were to get? - A. Yes; that I paid for him at the Coach and Horses.

Q. But about a sum of money you expected to get upon the conviction of this man with any of the witnesses? - A. No.

Q. Then you perhaps don't expect any thing if the man is convicted? - A. I leave that to you, gentlemen, I shall be very sorry to lose the money I gave for him in the first place, and my loss of time.

Q. Was there no conversation with any of the witnesses about the reward? - A. No.

Q. Who was present when you purchased this horse? - A. Mr. John Dighton , at the Coach and Horse, Paddington; he is here.

JAMES KENNEDY sworn.

On the 30th of last month I got a warrant to apprehend the prisoner at the bar; I went to a house in Paddington, where he lives; I knocked at the door, no answer was made; I looked through the key-hole, I could see nobody; I knocked two or three times more, and then I called to him, if he did not open the door I should break it open; and I broke it open, and found him in a corner of the room; I took him in custody then, and told him, if he could satisfy the Magistrate which way he came by the horse he would be set at liberty; he said he had bought the horse very early in the morning, and there was no person by to be a witness that he knew where to find; that there were some waggoners going past, but he did not know where to find them: I brought him to the Magistrates.

Cross-examined by Mr. Peat. Q. Were all these witnesses at the office? - A. I cannot say.

Q. Had you any conversation with them about this matter? - A. Not I.

JOHN DIGHTON sworn.

On Saturday, the 30th of April, William Dauncey and Robert Simmons came to my door with an old horse, about half past six in the morning; I keep the Coach and Horses, Paddington; they left the horse at the door, and I saw him pay Simmons 19s. for it.

Q. It was a little old black horse with one eye? - A. Yes.

Court. (To Payne.) Q. Are you sure that was your master's horse? - A. Yes.

Prisoner's defence. I bought the horse about ten minutes after six in the morning, near the Red Lion, at Paddington, in the Harrow road; the man had three horses; I asked him what he wanted for the little old black horse? he asked me 18s. for it, and I followed him three hundred yards, and then gave him 18s. for it.

GUILTY . Death . (Aged 44.)

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

Reference Number: t17960511-30

346. SAMUEL JACKSON was indicted for breaking and entering the dwelling-house of Lewis Berger , about the hour of twelve in the night of the 1st of May , and burglariously stealing eleven waistcoats, value 10s. a pair of black sattin breeches, value 12d. a pair of nankeen breeches, value 12d. two pair of black stuff breeches, value 2s. and a small-piece of painted canvas, value 1d. the property of the said Lewis Berger .

The case was opened by Mr. Knowlys.

LEWIS BERGER sworn.

I keep a colour manufactory at Homerton in the parish of Hackney ; the prisoner was in my service a year and a half; the cloaths in the indictment laid in the middle of the factory, over the compting-house, in an old box, for the poor and the needy; the factory joins the dwelling-house; it is one continued building; two of my sons slept in the dwelling-house that night.

Court. Q. Do you sleep there yourself? - A. Now and then I do; there are three doors, one of them is only secured by a latch; this door is left upon the latch for the man that works in the night to come in and draw himself some beer; on this man we depended, because there is one man up all night all the year through.

Q. Is there any thing beside this latch to secure that door? - A. Nothing else; it opens outwards; there are three doors, each of them goes with a leaden weight.

Q. Must any person who came in to get at these cloaths have opened the inner door? - A. Yes; he goes through the manufactory, and then there is another door that he must open to get into the place where the cloaths lay.

Q. Were you the last person up in these premises? - A. My sons went to bed a little before ten o'clock, by my desire; and I very soon after went to bed; I did not see the place fast that might, I left it to my sons.

SAMUEL BERGER sworn.

Examined by Mr. Knowlys. I am the son of the last witness; I slept over the laundry; these cloaths were deposited above the compting-house.

Q. Did you see the outer door that leads to where the cloaths were the night that this matter took place? - A. Yes, I saw it at ten o'clock; it was shut then.

Q. Will the door stand open if it is not propped? - A. No, unless it is thrown quite back; that night, between twelve and one o'clock, I heard a noise under where I slept in the laundry, which is about ten yards from where the cloaths were taken from; I got up and came down stairs; when I came down the doors belonging to the laundry were all wide open; there were three of them; they all run with pullies, and I found the ropes tied in knots to prevent their running; the rope of the door that leads up to my bed-room stairs was cut; the outside door was open, and tied with a knot also.

Q. How was the door that goes into the street? - A. It was tied.

Q. Had you discovered that any thing had been lost at that time. - A. No; there was a stick found upon the premises, but not by me, it was one of our men.

Court. When did you first discover your loss? - A. About six o'clock; I had not seen the things for a fortnight before.

SAMUEL SIMS sworn.

Examined by Mr. Knowlys. I am one of the patroles employed by the parish of Hackney; about half after one o'clock on Sunday morning, the first of May, as I was coming across the meadow, at the bottom of Well-street; it might be 100 yards from Mr. Berger's premises, I heard a foot-step coming across the horse-road; I stopped till the prisoner came up; he came across the horse-road to a still; I perceived a bundle under his right arm; I asked him what he had got? he made answer, how do you do, Mr. Sims? says he, I am going home; I asked him what he had got in that bundle; he told me some cloaths; I asked him what cloaths; he said, some waistcoats and some breeches; he told me had bought them in Rosemary-lane; I asked him what time he bought them, and what he gave for them; he said he gave 5s. for them about twenty minutes after nine on Saturday night; I told John Miles to take up the bundle; the prisoner said he had been hobbled twice before, by buying things in that manner, and said he should be hobbled again; I asked him the number and the colour of the cloaths, and he could tell me neither; he said he had bought them in the lump; I took him to the watch-house, and searched the bundle; there proved to be eleven waistcoats and four pair of breeches; I asked him again where he had bought them, and he said, at a barber's shop, about seven o'clock, in Kingsland-road, and gave 5s. for them; we secured him in the cage, and about nine o'clock two of Mr. Berger's men came to enquire if I had not got a man in custody with such and such things, (produces them); I have had them ever since.

WILLIAM PETERS sworn.

I keep the Green Dragon public-house, in Well-street, Hackney; the prisoner at the bar came to my house about a quarter after ten o'clock, on Saturday night, the 30th of April: he called for a pint of beer.

Q. At that time had he any bundle with him? - A. He had not any thing with him but a stick in his hand, except a pair of breeches under his coat.

Q. How far is that from Mr. Berger's premises? - A. About a quarter of a mile; at about half past ten I said, come, gentlemen, it is now time to shut up; he went away, I saw no more of him.

Prosecutor. I know these cloaths to be mine; they were worn out cloaths that I had looked out to give away.

Prisoner's defence. I found them coming home.

GUILTY of stealing the goods, but not of the burglary . (Aged 36.)

Transported for seven years .

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

Reference Number: t17960511-31

347. DENNIS DONOVAN was indicted for feloniously stealing on the 23d of April , an iron hoop off an anchor-stock, value 3s. the property of John Perry , the elder, John Perry , the younger, Phillip Perry , and George Green .

Second Count. Laying it to be the property of persons unknown.

No evidence being offered the prisoner was ACQUITTED .

Reference Number: t17960511-32

348. SUSANNAH HONING was indicted for feloniously stealing, on the 25th of April , an iron padlock, value 10d. a pair of children's leather shoes, value 12d. two linen towels, value 6d. a case knife, value 6d. two case forks, value 6d. a pound of salted pork, value 6d. and a diaper clout, value 4d. the property of Charles Clark .

CHARLES CLARK sworn.

I live in the Cloisters, in the Precinct of St. Catherine's ; the prisoner was our servant ; I can only prove the property of the lock, Mrs. Clark proves the rest.

MARY CLARK sworn.

I am the wife of the last witness; on the 25th April, the prisoner was going to leave my house, I asked her leave to look into her box; she went up stairs immediately and unlocked the box; when the box was opened, I found the several articles that are mentioned in the indictment in her box, of my property; and, on searching her person, I found a padlock concealed, sewed up, in a white towel, under her upper petticoat; the towel was mine, it was marked C. No. 4; and the padlock was our's; I asked her if they were mine, and she said, yes, ma'am, they are.

Q. Did you make any promises to her, or threats to induce her to confess? - A. I did not, she said they were mine; I should have let her go, but finding the padlock upon her, I kept her till I sent for Mr. Clark.

Q. Why because of the padlock? - A. Because in the night of the 11th of April, some thieves had got into the house, and stolen out some property, she lived with us at that time; I knew nothing of the robbery till the morning she came up first and alarmed me; there were four hams, and two sides of bacon, which they got off with.

Q. Why did this lead you to keep her till Mr. Clark came? - A. Because this padlock fastened down the cellar window, at which she said the thieves entered; we had searched for the padlock that morning, and she was one that helped me and my friends to look for it, and we never found it; I am sure that the things that were found upon her are mine, (they were produced and deposed to by Mr. and Mrs. Clark).

Mr. Clark. I was out of town at the time of

the burglary, and when I came to town, I made every search for the padlock, and she knew I was very anxious to find it, because I was confident that lock could not have been picked, it is of a very peculiar construction; I am sure it is mine, and I have the key belonging to it, (produces it).

JOHN THOMPSON sworn.

I am a headborough; I apprehended the prisoner, and was present when the things were taken out of her box.

Prisoner's defence. My mistress's house was broke open when I was a-bed and a-sleep; the day before I was coming away, I found this padlock, and was afraid to give it to my mistress, because she scolds so very much, that I was afraid; and she said, if I would confess who had got the bacon and ham, she would not hurt me. GUILTY . (Aged 49.)

The Court immediately passed sentence upon her to be transported for seven years .

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

Reference Number: t17960511-33

349. WILLIAM KNOWLES was indicted for feloniously stealing, on the 8th of May , a pair of boots, value 10s. the property of Nathaniel Hardiman ; a piece of foreign coin, called a dollar, value 4s. 6d. a half-crown, and 2s. the property of Henry West , and 6s. the property of John Figg .

NATHANIEL HARDIMAN sworn.

I am a publican at Stanwell ; on Sunday morning the 8th of May, early in the morning, I cannot exactly say what time; I was told by one of my lodgers, that I had been robbed, and I found a part of my property about an hour and an half afterwards, at Staines, which is about five miles from Hanwell.

HENRY WEST sworn.

I am a servant to the last witness; I lost a Spanish dollar, a half-crown piece, and 2s. out of my breeches pocket from the bed-side; I put them there about eleven o'clock at night; when I got up in the morning, I missed them; I saw them again about four hours after at Stanwell, in Mr. Hardiman's house; the prisoner was a lodger in the house for two nights, and slept in the same room that I did; he is a farmer's man, I did not see any of my property upon him.

JOHN FIGG sworn.

I am a collar-maker , I lodged in this room; I lost 6s. and 2d1/2. out of my breeches pocket, under my pillow; when I went to bed, I had it in my pocket; I was waked in the night by the prisoner, he said, master, I think you lie naked almost, and I said, no, I laid very warm, and about four o'clock he got up; I asked him what he got up so soon for, he said, he was going to Ashfield, and he would call as he came back, at Sunbury, and buy some meat for his dinner; about seven o'clock the carter came to call me up, and said, there was a man wanted to speak with me; he said, he had lost his money; I said, I could not believe it; I then missed my money; I have never seen it since, I am sure it was in my pocket the night before.

Prisoner. Q. He was very much in liquor, he could hardly stand, I should like to know how he could tell what money he had when he was so drunk? - A. I was perfectly sober, as sober as I am now.

THOMAS LAWRENCE sworn.

I am a publican at Staines; the prisoner came into my house about eight or nine o'clock; while he was drinking, he said, he had found a large piece of silver, and did not know the value of it; he showed it me, and I told him it was a Spanish dollar; he asked me the value of it, and I told him 4s. 6d. and I gave him 4s. 6d. for it; after that, the prisoner had got a pair of boots, that he said he had won at a raffle, and I saw a person buying the pair of boots of him, and he took them home, but he is unwell, and could not attend; I remarked in the boots, that they were slit up the middle of the top, and torn at the foot, (produces them).

Hardiman. I saw my boots on a bench in the tap-room, about half after ten o'clock on Saturday night; I know these boots to be mine; I had the leather dressed myself, and sent for a shoe-maker to make them, and when they came home they were too little, and I cut a slit up the top of them, and there is a slit in the foot of them.

Q. (To West). Can you swear to that dollar? - A. No, I cannot; I only had it an hour before I went to bed, I had it of my master for my week's wages.

Q. Do you believe that to be the dollar? - A. Yes.

Q. Did you ever get your other money again? - A. No.

Prisoner's defence. I found this dollar and sixpence, and a pocket-piece, at Cranford-bridge, on Sunday morning, I won the boots a raffling.

GUILTY . (Aged 23.)

Judgment respited to enlist for a soldier or sailor .

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

Reference Number: t17960511-34

350. WILLIAM MORTIMER was indicted for feloniously stealing, on the 5th of April , a basket, value 1s. eight quartern loaves, value 5s. and a quartern of flour, value 6d. the property of Robert Laxton .

WILLIAM JEFFERY sworn.

I am a servant to Mr. Laxton, a baker : I pitched my basket against a dead wall in the New Road, Pancras , on the 5th of April, and took out a few

loaves to serve my customers, and when I came back, my basket and bread were all gone, eight quartern loaves; a boy told me he saw a man take the basket away, and pitch it the corner of Upper Cleveland-street; I asked him if he saw the man take the bread out, and he said, he did, his name is John Jobson .

Cross-examination. Q. You left your basket against a dead wall? - A. Yes; there were many people passing at the time.

Q. When did you see the prisoner after that day? - A. Many times.

Q. When did you charge him with having taken the loaves? - A. On the Monday following; I lost my loaves, on Tuesday, I gave a man charge of him on Sunday, but they would not let him be taken, and he was rescued.

JOHN JOBSON sworn.

Q. How old are you? - A. Fourteen.

Q. Do you know the nature of an oath? - A. I have been told it.

Q. What will become of you, if you tell a lie upon oath? - A. I shall go to hell, (sworn.) On Tuesday the 5th of April, about eleven or twelve o'clock in the morning, I saw the prisoner in the New-road, he took the basket and chucked it across his shoulder, and pitched it at the corner of Upper Cleveland-street, about 150 or 200 yards from the place where he took it; he then took four loaves out, two under each arm, and went up the street; he came back in about five minutes, and looked about, and took four more; I had the tooth-ach, and was sitting opposite upon a post, and then I saw no more of him.

Q. Had you ever seen him before? - A. No.

Q. Look at the prisoner, was that him? - A. Yes, I am sure of it; I saw him at the public-house in Margaret-street, the Sunday following; I knew him again, he was in company with six or seven more; the baker asked me which was the man, and I picked him out; I am sure the man I picked out was the man that took the loaves.

Q. Now look at him again, are you sure he is the man? - A. Yes.

Cross-examination. Q. Did you see Jeffery leave his basket? - A. No.

Q. Was the man that took the basket going with his face from you, or with his face towards you? - A. With his face towards me.

Q. When Jeffery came up, what did you say to him? - A. He asked me if I saw a man take a basket, and I said, yes; he had pitched it at the corner of that street; I told him he was a shortish man, rather pitted with the small-pox, with a lightish coloured coat and waistcoat, with two or three patches in it.

AARON BUCKSTAN sworn.

On Tuesday the 5th of April, this young man, Jeffery, came into my shop, and said, he had lost eight quartern loaves, and on the Sunday following, I, and Jeffery, and Jobson went to the public-house together, the Merlin's-cave, in Margaret-street, where the prisoner lodged; when we went in, we sat down, and called for a pint of beer; we cautioned the young lad to be very particular in the person, and make himself certain; he had shewed him to Jeffery before; there were then six or eight of them in company, and he pointed to the prisoner.

Q. Did any body suggest to the boy which of them it was, or was it totally of his own accord? - A. Totally of himself, he pointed out the prisoner, we sat down and were drinking our beer, and then the prisoner got up, and walked out, and I walked out after him, and I took hold of him at the door and said, young man, you must go a little way with me down this street; and he said, where; I said, a little way down here, and he said, for what; I said, for something you have done to that young man; why, says he, then, I have seen the young man two or three times before, why did not he speak to me before, if I have done any thing; well, says I, we will have no disturbance, as it is Sunday evening, go with me, and if you have done nothing to him, he can do nothing to you; I told him, he must go to the watch-house, he swore he would not go, and directly a scuffle ensued, and the landlord and landlady, and five or six more came out and rescued him, and the landlord swore I should not take him, that I had no right to take him without a warrant, and to touch him if I dared.

Q. What public-house was this? - A. The Merlin's-cave, Margaret-street; I then went down to Marlborough-street to see for an officer; I got one of the beadles, and when I came back, he had got away from the young man, and was gone; and they abused me then, and said, they believed we were the biggest rogues, and that no person should dare to go into their house without a warrant; the next day I saw him, and took him in the market, the landlady said, he was not out of the house at first, that he was ill in bed all the day, and then it was contradicted, that it was the day before that he was ill in bed.

Q.Who contradicted that? - A. The landlady herself, and several others, and the prisoner said, he was out upon a job; I told him then, he had better send for his master; the landlord of the house then came in, and said, no, you know you were not there only a bit of a night; well, says I, if you were there at all send for your master, he will be of the greatest service; but no master was sent for, and

then the Justice put him back till night, as he said he had got more witnesses; and then, at night, neither the landlord nor landlady came forward; and then, they brought another man, that I had never seen before; and then, Mr. Conant ordered him to go to prison, and said, that if the landlady would come up next day, he would then send for him up again; but we never heard any more of it.

Cross-examination. Q. You went on the Sunday, and did not succeed? - A. Yes.

Q. And on the Monday you went to the public-house to take him with a warrant? - A. Yes.

Q. He had not run away? - A. He was not there; they told me he was gone to the watch-house.

Prisoner's defence. I was at work at Mr. Atkins's, in Berkley-square; I came to my lodging in the morning, and ate my breakfast, and was never out of the house all the day long; my landlady has been here two days, she will be upon her oath I was not out of the house.

Court. I will just give you notice; take care how you cell any body that states to the Jury any thing that they will not believe; if you call a witness to swear that which the Jury don't believe to be true, probably, the worst punishment the Court can inflict will be inflicted upon you.

Q. (To Buckstan). What is the name of the publican? - A. Nathan Kinsey .

For the prisoner.

ELIZABETH KINSEY sworn.

I live at the Merlin's-cave, Margaret-street, Cavendish square; The prisoner came into our taproom between nine and ten in the morning, and I never missed him out of the house till between four or five in the evening.

Q. On what day? - A. The 5th of April, about half after nine, and staid there till between four and five in the evening; I saw him very near all the time; I was in and out the tap-room every minute almost.

Q. Was he never absent for five or ten minutes? - A. He was never out of the tap-room to the best of my knowledge.

Q. Do you mean to swear he was never out of the tap-room? - A. I never missed him at all.

Q. Will you venture to swear he never was out of the tap-room? - A. I cannot venture to swear that he never went out the while, but I never missed him out of the tap-room.

Q. What is he? - A. A baker.

Q. And what was he doing in your tap-room from half-past nine till between four and five? - A. He lodged there.

Q. What was he doing? - A. I did not see him doing any thing but sitting there; after some time, he looked at the newspaper.

Q. Did he eat or drink? - A. He had his breakfast there.

Q. What had he for breakfast? - A. Bread and cheese, and raddishes.

Q. What had he to drink? - A. I cannot pretend to say what beer he had.

Q. And that was all he did from nine in the morning till between four and five? - A. He desired me to let some of my people call him up in the morning between four and five, he was going to work; I can take my oath he never brought any bread into my house.

Q. We have had a man here of the name of Buckstan; was your husband present, and you, when they insisted upon taking him up? - A. They called him out of doors.

Q. And they wanted to take him? - A. I really cannot tell.

Q. Do you remember any body that prevented them taking him? - A. Yes; there were several prevented them.

Q. Was your husband one that prevented them? - A. I cannot say that he was.

Q. Who did then? - A. I cannot say that any body did.

Q. There were persons willing to take him? - A. Yes.

Q. And why did not they take him? - A. I cannot tell, I believe the reason was, they had no warrant.

Q. Who said they should not take him because there was no warrant? - A. I cannot tell.

SAMUEL PYLES sworn.

Q. Were you acquainted with Jobson? - A. No.

Q. Had you ever any conversation with him about the prisoner? - A. No.

(Jobson ordered to stand up). Q. Did you ever see that boy? - A. No.

Q. Did you ever hear that boy describe the man that took the loaves out of Jeffery's basket? - A. No; a man told me that he said it was a tall man.

THOMAS BASSETT sworn.

On Tuesday morning, the 5th of April, I came into the tap-room, and saw the prisoner sitting in the tap-room, between nine and ten o'clock, and he asked me if I had been to breakfast, and I told him no; and he continued in the house till between four and five in the afternoon.

Q. Did you sit with him all the time? - A. Yes, he was not absent five minutes.

Q. He might be absent near that? - A. No, nor that.

Q. What are you? - A. A baker.

Q. A journeyman baker? - A. Yes.

Q. And sat there from nine o'clock till between four and five? - A. I was out of place; it is a house of call for bakers.

Q. Had you any thing at all to drink? - A. Yes; we had some beer.

Jury. Q. Did you dine there? - A. I dare say we did, but I don't recollect; we had bread and cheese, and onions and raddishes, for breakfast.

Buckston. This lady was the principal person who prevented his being apprehended.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury, before MR. Justice GROSE.

Reference Number: t17960511-35

351. WILLIAM SMITH , HENRY YATEMAN , and LYON LEVY , were indicted, the two first for feloniously stealing, on the 11th of April , thirty-four yards of printed kerseymere, value 10l. the property of Edward Longdon Macmurdo , Francis Hickes , and James Theobald ; and LYON LEVY, for feloniously receiving the same, knowing it to have been stolen .(The Court being of opinion that there was no evidence to effect the principals, they were

All three ACQUITTED .

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

Reference Number: t17960511-36

352. JOHN THOMPSON was indicted for feloniously stealing, on the 4th of May , two linen shirts, value 5s. the property of John Morris ; one linen shirt, value 2s. and a muslin neckcloth, value 6d. the property of Lowdovick Stuart ; a linen shirt, value 2s. and two pair of cotton stokings, value 1s. the property of Thomas Spinnet ; a linen shirt, value 2s. and a linen pocket-handkerchiefs, value 6d. the property of Joseph Harrison ; a linen shirt, value 2s. and two linen pocket-handkerchiefs, value 1s. the property of Hugh Stuart Boyd ; and a pair of silk stockings, value 3d. the property of Uriah Pidmore .

URIAH PIDMORE sworn.

I am a schoolmaster ; the prisoner was servant to myself and my partner, Mr. Johnston, at Hampstead ; he lived with us upwards of six months, till the 4th of May; whilst he was with us, several articles of linen and wearing apparel were missed from the house, some of it belonging to me, and some to the young gentlemen under our care; among the articles, there is an old pair of silk stockings I have seen, and know to be mine; he said, before Justice Bond, that Henry Dunton, who is one of the witnesses, desired him to steal three shirts, and that he had sold them to Henry Dunton ; and, I think, he said, he paid him two shillings for each; they were missed, at different times, while he was living at our house.

Mrs. JOHNSTON sworn.

I am the wife of Mr. Johnston; a great many articles were missing while the prisoner lived with us, but we have only found seven shirts, four in the possession of Martha Hadley, his washerwoman; I can speak to the property.

MARTHA HADLEY sworn.

I am a washerwoman, at Hampstead; I have washed for the prisoner two years; he brought me two shirts, about a month since, and told me to see if they wanted any mending, or buttons; he said, the gentlemen had given them to him; I had two more, I had received at another time, to wash; I delivered them to Mrs. Johnston; there was about a week between the times I received them; one was an old one, the other a very good one. (They were produced, and deposed to by Mrs. Johnston).

HENRY DUNTON sworn.

The prisoner brought a shirt to me about five weeks ago, and desired me to pawn it for him; I went with it, and came back, and told him they would not take it in, and gave it him again; he asked me if I would buy it, or knew any body that would; he asked three shillings and sixpence for it; thinking it worth the money, I bought it; he afterwards brought another, with the same mark; he said it was his own, and I bought it. (Produces the one he bought first).

Q. Did you desire him at any time to steal that, or any other? - A. I never did.

Mrs. Johnston. This is John Morris 's; there is a mark upon it.

Prisoner's defence. My master and mistress gave me leave to go to town; I met Dunton at a public-house, he asked me to have some beer; he got me intoxicated, and damned me, and asked if I could not get something to get some money; he took hold of my shirt, and said, a flash-bag, I did not know what he meant; he then said some shirts, damn you.

GUILTY . (Aged 15.) Imprisoned one month in Newgate , and fined 1s.

(He was recommended to the mercy of the Court by the prosecutor).

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

Reference Number: t17960511-37

353. JOHN STRIBBEHILL , PRUDENCE, STRIBBLEHILL , and MARY HAYNES , were indicted for that they, on the 16th of April , a piece of false and counterfeit copper money to the likeness of a good halfpenny, did coin and counterfeit .

Second Count. For coining another piece of counterfeit copper money, to the likeness of a good farthing.

THOMAS LAWRENCE sworn.

I went, on Saturday the 16th of April, to the house of Stribblehill, in Aldersgate-street , between three and four in the afternoon, in company with

Armstrong, Peach, Wilkes, Ray, and Ferris; previous to my going into the house, I placed Peach and Wilkes in an alley adjoining to the house; I gave them a charge, if they saw any body attempting to come out at such a door, to secure them; the door where I placed them was an empty house, in Maidenhead-court; I then proceeded into the house of the prisoner, with the rest of the officers; we saw a couple of children, who went to a cellar door, and cried out, daddy; the door was fastened on the inside with a string, it pulled in towards the stairs, it was between the parlour and the kitchen; the prisoner came up with his shirt sleeves tucked up, without any coat on, a pair of long trowsers, very dirty and black, his hands were quite black; I told him, I had a warrant to search his premises, he said, we might go down, but seemed loath to go down himself; I told him he must go down with me; we then went down into the cellar, which was a work-shop, and there lay several sheets of copper; I asked Stribblehill, if he had any other cellar but that, he answered, no; I told him I was confident he had, and I should look further; in looking round, I saw a door in a brick wall, which was not fastened; there was a lock, but it was so rusty, it had not been used a long time, that door led into a second cellar; when I had got about the centre of the second cellar, I heard a noise overhead; I immediately ran up stairs and saw the two women in custody of the other officers, and one attempting to make her escape, I seized her by the arm, and they were secured; I then proceeded down into the cellar again, and went out of that second cellar, into a third cellar, and in that third cellar there was a fly, a stamping press, and every other implement for coining; the fly and press were set, and money under the die; these blanks (producing them), were lying on one side of the press, and a great quantity that were struck off, on the other side, which will be produced by the other officers; there was a small stool close to the press, and a black pot; the press appeared to me to have been just used, because the oil was running down the worm of it; there were no stairs to go up out of that cellar, but there was a small ladder, which communicated with the court, where I had planted the two men; it goes up to the ground floor, and then into Maidenhead-court; after securing the prisoners, we went up stairs, and, in a back garret, found a great quantity of copper, these blanks,(producing them), close to a rounding machine, and these farthings blacked for circulation; we found no halfpence, only blanks; we proceeded down stairs into the other rooms, he desired we would let him wash and clean himself; I went up into his bedchamber with him, I thought he had got something very heavey in his coat when he put it on; I felt in his pocket and found this iron screw, (producing it); it appears to be a screw of some press; Stribblehill's hands were very dirty and greasy, he desired to wash them before we took him away, and his trowsers were very black; the women's hands were very dirty and greasy; I left them in the hands of the officers.

Q. Was there any communication between the two houses in Maidenhead-court and this house? - A. No communication in the upper part.

Prisoner. He has swore my hands were dirty, they were as clean as they are now.

JOHN ARMSTRONG sworn.

I went with the last witness, on Saturday the 16th of April, to the house of the prisoner; it enters by a passage, there is a compting house on the left hand side, where he appeared to carry on the business of a candlestick or sender-maker; when the children cried out, he came up; we said, we had a warrant to search; on going down into the cellar, there was a forge and a pair of bellows, a body of a tea-kettle, and pieces of copper that might be converted into senders, or many other things; we asked him, have you not another cellar? he said, he had not; I said, I know you have; I turned round, and going a little beyond the stair-case, I saw a wooden door, I pulled it open; Lawrence was gone up, upon hearing a noise; I said, bring me a light; I went into that cellar, and found a stamping-press, with the dies fixed by the side of them, a pair of plain dies which are here, these halfpence (producing them), which are struck, and this halfpenny I took from between the dies, Mr. Stribblehill being present the whole time; some farthings by the side of the press, they are struck; I believe some of the officers have the dies belonging to them; there was a binn, where there was a quantity of saw-dust, but I did not search that, that was in the shop where his manufactory was carried on; the prisoners were secured, and on the Monday, when they were examined before the Alderman, Striblehill said, he had let the place to Haynes; Haynes said, he did not; the halfpence bare the date of 1762, I believe the dies correspond; Stribblehill had his sleeves tucked up, and trowsers on; I did not observe his hands; he went with us without any words, and nothing further passed; the fly appeared recently to have been at work, by the oil running down the worm; there was a trap-door and a ladder that communicated with the court; (the press and fly were produced); it is fed by one person sitting on the stool, and two persons pull the fly, it being fixed in the earth, and the dies are so fixed, that it makes no jar, and the people in the house cannot hear any body at work.

Q. Did you observe the hands of the women? - A. I did not.

JOHN RAY sworn.

I produce some dies, and what I found in the garret; I went, in company with Armstrong and Lawrence, into the cellar; I came up and went into the garret, and found a cutting-press fixed, and a quantity of blanks of farthings and halfpence, a rounding-engine, some cecil, some brimstone, two trounsing-sacks, and some saw-dust, and a bell-metal put that they use with brimstone, and liquid to make them black; I then helped and got them all down; (the cutting-press produced); the cecil is what the blanks are cut from, (producing it); it was close to the press; these bits of cecil were lying round it; they were in the garret of Stribblehill's dwelling-house; after taking them all down, and getting them into the passage, I went down again into the first cellar, and found a bin of saw-dust; I put my hand into the saw-dust, and found five dies, one with the head of a farthing, the others for halfpence and silver; these two (producing them), are for the silver; there was a tub in the room, and some liquid in it, and some sieves; there was every thing complete; there was some very dirty sawdust in the garret; this is one of the trounsingsacks; it is very black; they are put in and worked backwards and forwards.

Armstrong. The cutting-out press cuts them out first, before they receive the impression; what remains when they are cut out is called cecil; the rounding instrument rounds the edges, and puts a bevel on them; I don't know whether they round them before they stamp them or after.

(The halfpence that were struck, and the farthings that were blacked shewn to the Jury.)

Armstrong. They are blacked for the purpose of circulation, that they should not appear fresh.

Q. Is the apparatus perfect for the purpose of coming? - A. Yes; I never saw any more so in my life.

RICHARD FERRIS sworn.

I went with the rest of the officers to search the house; I went to light a candle in the kitchen, there is a temporary partition in the kitchen communicating to this floor where they come out of the cellar, between the house in Aldersgate-street and the house in Maidenhead-court; it was only fastened up by one nail, I gave it a push, and pushed it all away; Mrs. Stribblehill, and the other woman, were apparently just come up out of the cellar, on the other side of that partition; Peach, and the other officer, came in, and took hold of them both before I could get through the partition; they were dressed in dirty dresses both of them, and their hands very black; I went down and searched the front cellar, and, on the forge, I found a die for a halfpenny; searching further, in this box where the saw-dust is, I found a farthing-die, it is a Britannia, each of them is Britannia.

Q. Did you compare those dies with any of the farthings that were found? - A. Yes; and they match exactly; and there was a pan had some liquid in it.

WILLIAM PEACH sworn.

On Saturday the 16th of April, I apprehended the two women, in the back room; I could not tell which way they came into the room; there was a temporary wainscoat, and a trap-door; I don't know which way they came up into the room, except up the ladder out of the cellar; when I laid hold of the other woman, Mrs. Stribblehill ran back, I followed her, and secured them both.

Stribblehill's defence. I don't wish to make any defence only on the part of my wife and servant, they knew nothing of the transactions in the house more than your Lordship; as to myself, your Lordship has had every thing proved.

Haynes's defence. My master said, he heard a noise at the back door, he ordered me to open the door, and see what was the matter; I opened the door, and three or four men rushed in upon me.

The wife was not put upon her defence.

( John Stribblehill called five witnesses, who gave him a good character).

John Stribblehill, GUILTY . (Aged 33.) Confined in Newgate one year , and fined 20l .

Prndence Stribblehill, NOT GUILTY .

Mary Haynes , GUILTY . (Aged 27.) Confined one year in Newgate , and fined 1s.

Tried by the London Jury, before Mr. COMMON SERJEANT.

Reference Number: t17960511-38

354. HANNAH HOGG was indicted for that she, on the 22d of March , three pieces of false and counterfeit milled money, to the likeness of a good sixpence, did sell to one Eleanor, the wife of James Johnson , at a lower rate than the same did import .

ELEANOR JOHNSON sworn.

I am a married woman, I go a washing and chairing; On the 22d of March, I went with Bridget Daphne to the prisoner's house, in Cock-court, at the bottom of Snow-hill , to buy a shilling's-worth of what they call little one's; the woman that went with me, told the prisoner she had brought somebody that wanted little one's; the prisoner asked me how many? I told her two shilling's-worth; and she took the two shillings before she gave me any; and then she swore that I only gave her one, that the other was a halfpenny, and not a shilling; she went and gave me five sixpences for the one shilling; she told me if I would swear I gave her the other shilling she would give it me again; I did swear it, and she gave it me again; she took the sixpences out of a paper in a box that stood on the far side of the room;

Daphne desired her to give me some French ones, which the did, she gave me two French and three English sixpences; I believe I gave information of it to the officers in Worship-street; I went for that purpose, by the desire of the beadle of Hackney parish, he provided Daphne to go with me; I never saw her before.

Prisoner. To the best of my knowledge, I never saw that woman before in my life.

Court. Q. Are you sure the prisoner is the woman? - A. Yes, I am positive sure to the woman.

THOMAS LAWRENCE sworn.

On Friday the 29th of April, I went with Mr. Armstrong and the last witness to a house in Cock-court, Snow-hill; we went into the lower apartment, and I asked the prisoner if her name was Newell, she said, no, her name was Hogg; the last witness pointed her out to me immediately, as being the woman; she was in the court when we first went up, I searched her, and found two bad sixpences in her hand; I saw a box on the side of the room, I asked her if she had the key of it, she denied having any, I broke it open and found all these sixpences, (producing thirty-five); under the box, I found this one single one (producing it); in a cupboard, in the same room, I found this paper of halfpence, (producing it); I was proceeding to search the bed, and she said, it was very improper to search the best; she had denied living there before, I found nothing there, I took her before the Magistrate.

JOHN ARMSTRONG sworn.

I went with the last witness; there was a sugar-cannister on the mantle-piece, I took it down, there were thirty-six or thirty-seven sixpences in it, there were some French ones among them, (the five sixteen produced), they are all counterfeit.

Prisoner's defence. I never sold her one, I never saw the woman; I can take my oath I had the two sixpences in my hand, I had no pocket, I was going to release a cloak I pawned; I have two fatherless children, and go to market in a morning to get mackarel.

GUILTY .

Confined one year in Newgate , and fined 1s.

Tried by the London Jury, before Mr. COMMON SERJEANT.

Reference Number: t17960511-39

355. THOMAS BARROW was indicted for feloniously receiving, on the 22d of September , twenty-four glass quart bottles filled with wine, value 30s. and five pounds weight of candles, value 3s. the property of Edward Railton , stolen by Henry Hesling , knowing them to have been stolen .

There being no evidence offered, the prisoner was ACQUITTED .

Reference Number: t17960511-40

356. MARY THOMPSON , otherwise FRIER , was indicted for feloniously stealing, on the 1st of May , a silver watch, value 50s. a steel watch chain, value 2s., a base-metal seal, value 1s. and a watch key, value 2d. the property of William Kilby .

WILLIAM KILBY sworn.

I went into a public-house, called the Bleeding-heart, on the 1st of May, between one and two o'clock in the afternoon, in Parker's-lane ; I was there the space of two or three hours, the prisoner asked me to go out with her, I went accordingly to a place that she called her apartments, in the same lane, on the opposite side of the way; I went up into the room, she asked me to tell her what it was o'clock, immediately upon my getting up stairs, I pulled out my watch, and told her what it was o'clock; she then asked me to shew her the nature of telling what it was o'clock; I asked her if she knew figures, if she could read; I had the watch at the window, she took the watch from my hand, and I shewed her at that time what it was o'clock by the watch; I told her, it was impossible for me to instruct her, if she did not know the figures; she turned herself round immediately, handed the watch out at the door at my right hand; I perceived a hand come in, my watch was handed into that hand and went off, she went down stairs, I pursued her into the passage, and screamed out for assistance, she got away from me; my watch being gone, I was advised immediately to apply to Bow-street, I went to Bow-street, and fetched an officer, but could not find the girl, he desired me to go home and come again the next morning at nine o'clock, and he would endeavour to find her; I went home and came at nine o'clock, and the officer made a diligent search after her, and found her; I knew her again immediately; I have not found the watch.

Q. Pray what are you? - A. A master frame-maker .

Q. A married man ? - A. Yes.

Q. This place you had got to you call Parker's-lane? - A. Yes.

Q. What business had you that day in Parker's-lane? - A. I had no particular business there.

Q. You went to this public-house without any business? - A. Yes; with intent to have a pint of beer.

Q. And you have related all that passed? - A. Yes.

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

JOSEPH TAYLOR sworn.

I am an officer; I took the prisoner up; I did dot find the watch at all.

Court. (To the Prosecutor). Q. How long might

you be with the prisoner at the bar? - A. She was out of doors from the public-house several times.

Q. How long were you with her in her room? - A. About five minutes.

Prisoner's defence. On the first of May, I was standing between twelve and one in the forenoon, at the sign of the Bleeding-heart door, that gentleman came down along with a young woman, and seemed very much in liquor, and said, he was going to have a drop of beer with the young woman, and if I had a mind to have any I should be very welcome; he called for a pot of half and half, that was drank, and he missed his pocket handkerchief; he said, he had been at the Yorkshire Stingo, and he did not doubt but he had lost it there; he asked me to go with him to my room, and he offered me sixpence to have connections with me; I asked him if he was not ashamed of himself, a man of his appearance, to offer me such a trifle, and told him to go along down stairs; he had three guineas in his pocket; I wish him to be asked if he had not, and I might as well have taken his money as his watch.

Q. Had you any money? - A. Yes; 3s. 5d.

Prisoner. He went again to the same public-house, and enlisted for a soldier, which he would not have done, if he had not been in liquor.

Q. Are you sure you did not lose your watch at that house before you went to the girl's house? - A. I am sure I did not.

Court. You, being a married man, ought to have been ashamed to have been in such a house; there is great room for repentance. - A. There is, my Lord, and I am very sorry for it.

Q. Were you or not in liquor? - A. I was.

Court. Gentlemen, the story is disgraceful; and, if you are satisfied, I am.

NOT GUILTY .

Tried by the first Middlesex Jury, before Mr. Justic GROSE.

Reference Number: t17960511-41

357. ANN TANNER was indicted for feloniously stealing, on the 13th of April , a gold ring, value 5s. the property of Robert Offer .

ROBERT OFFER sworn.

I live at No. 71, in Oxford-street : On the 13th of April, between eight and nine, the prisoner came into my shop, and asked to look at some plain gold rings; I am a silversmith ; I shewed her two cards of plain gold rings, and a single one that was off the card; after looking at them some time, she fancied the single one, and said, she would have it, but wished it to be made larger; I went to the bottom of the shop to get the instrument that we stretch the rings with, and while I was gone, she took the opportunity of changing the ring that I left in her custody, and left a metal one on the counter; the ring was different in size, and I discovered it immediately; there were sure sizes difference between them.

Q. Your's, I suppose, was a new one? - A. Yes; and so was her's; there was a visible difference in the appearance, both in substance and in size.

Q. What was the value of the ring she left? A. About two-pence or three-pence; the value of the ring I shewed her was 5s.; I challenged her with having the ring, but I could not find it; I immediately sent to Marlborough-street for a constable, but we could find no property about her.

Prisoner. I returned him his ring, and I never had any other; I turned out my pockets and shewed him I had no other; I had a pattern of a gown with me, which he took from me, and refused to return me; he told me to go along about my business, and I told him I would not till I had my gown pattern; he knows that I returned him his ring.

Prosecutor. The gown pattern was lost by a neighbour of mine three doors off, just before she came in to me, but he could not swear to it positively.

NOT GUILTY .

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

Reference Number: t17960511-42

358. ELIZABETH WILCOX and WILLIAM COLEMAN were indicted for feloniously stealing, on the 20th of March , a silver watch, value 3l. 3s. the property of David Smith .

HANNAH SMITH sworn.

I live at Mount's-gate, East-Smithfield ; my husband's watch was in my bed-chamber, it used constantly to lie there upon a table; the prisoner, Coleman, lived in the house by way of a servant ; the other prisoner has been an apprentice of mine, but she has run away above a twelvemonth. I lost it on Sunday the 20th of March, about twelve o'clock; I did not miss it till past ten at night, when my husband went to bed, our little boy always undressed my husband, he is troubled with the gout, and when he had undressed him that night, the watch was not to be found; the little boy came down, and asked me if I knew any thing of it, and I said it would be soon found; this man had been out in the afternoon, and before he went out, he went up stairs, he said, for his dirty linen to be washed, and then my husband said Coleman went up stairs after his dinner, and desired me to go and see what money he had in his pocket, and he had but five-pence; the watch was afterwards found at Mr. Windsor's, in the Minories; she was taken up for robbing her lodgings, and then the watch was found; we charged Coleman with

it, but he denied it; there was not a soul in the house that could have taken it.

Q. Was your door locked all day or open? - A. We were not out of the house all day, nor nobody came into the house.

Q. Was there any body in the room all the time? - A. No.

Q. Nobody saw him go into the room? - A. No.

RICHARD SHARE sworn.

I am servant to Mr. Windsor, pawn-broker, in the Minories; some time about the 20th of April, Mrs. Smith came and asked us, if we had taken in a jewel watch, with the name of Finley on it, we desired her to call next day, and then we had found a watch, pawned in the name of Smith, by the female prisoner; I know her by no other name than Mary Smith; it was pawned on the 21st of March; I asked her how she came by it, she told me it was her own, she pawned it for 28s. she asked no more on it, (produces the watch).

Mrs. Smith. This is my husband's watch; I know it by the number, and the maker's name.

Wilcox's defence. I never knew the watch was lost till the Monday after, and I met this young man in East-Smith field, and he told me his master's watch was lost, and he said, his master had turned him out of doors on account of it, and I never heard or saw any more of the young fellow for two or three days, and I never heard any more of the watch; I never had the watch in my hand since I left the place.

Coleman's defence. I know nothing at all about it, I never had it at all.

For Coleman.

JOHN THOMPSON sworn.

I have known Coleman eighteen years; he was brought up in the work house, and was there fifteen years; he is about twenty-four years of age; I never heard any thing against his character for honesty before.

MARTHA BERRY sworn.

I have known Coleman ever since he was an insant, he has been a poor, friendless orphan ever since he was eight years old, he is very much troubled with fits, and was always a harmless, inoffensive lad.

Both NOT GUILTY .

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

Reference Number: t17960511-43

359. ELIZABETH WILCOX was again indicted for feloniously stealing, on the 20th of April , two linen sheets, value 4s. a woollen blanket, value 2s. and an iron pot, value 2d. the property of John Hearne , in a lodging-room in his dweling-house .

JOHN HEARNE sworn.

I live at No. 7, Upper East-Smithfield , I let lodgings; I let a lodging to the prisoner some time in the month of March, she was there nearly five weeks; I let her the one pair of stairs furnished for three shillings a week; I don't live in the house.

Mr. Shelton. The indictment states it to be a certain lodging-room in his dwelling-house.

Court. Gentlemen, you must acquit the prisoner.

NOT GUILTY .

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

Reference Number: t17960511-44

360. GEORGE DEDMAN was indicted for feloniously stealing, on the 29th of April , a gold watch, value 5l. a metal watch, gilt with gold, in a tortoishell-case, value 20s. a base metal watch-chain gilt with gold, value 5s. a gold ring, value 20s. and a cornelian seal set in gold, value 4s. the property of Thomas Barrow , Esq. in his dwelling-house .(The case was opened by Mr. Knowlys).(The witnesses were examined apart, at the request of the prisoner).

ELIZABETH WITHERS sworn.

I was servant, on Friday the 29th of April, to Mr. and Mrs. Barrow, in Store-street, Bedford-square ; I let the prisoner in that day, I had seen him twice before, my master knew him, and had known his mother for many years.

Q. His mother had been an attendant in the family? - A. Yes; he asked for my mistress, she was in the back parlour.

Q. How lately before he came in had you seen the two watches? - A. I had left the parlour upon his knocking at the door to go to open it; they were hung over the mantle-piece in the fore parlour; the parlour-door is a little way in the passage, on the right-hand side, upon the same floor; I went to the back parlour and told her George Deadman wanted her, I did not stop with my mistress half a moment; when I came from my mistress, I met him near the fore parlour door, with his right-hand to his waistcoat-pocket, and his hat in his left-hand, I had left him in the passage close by the parlour door; I told him my mistress was coming, and he said he must speak to a man first; he went off, and opened the street-door, and pulled it to, but did not shut it; I went into the parlour a little behind my mistress, who was going into the fore parlour, I asked my mistress where the captain's gold watch was.

Q. How long after he was gone, was it before you perceived the watches were missing? - A. Not a minute.

Q. When you let him in did you shut the street door after him? - A. I shut the street-door after him; upon missing the watches I opened the door and he was got out of sight; I gave the alarm, and

pursued him till I came into Francis-street, and I could not get any intelligence of which way he went; I got sight of him in Oxford street, opposite St. George's Market, and he turned into his lodgings in some court opposite St. George's Market; he did not see my his sister was with me, and she went to Mary-le bonne Watch-house and got a constable for me, his name is Macklin; Macklin, and his sister, went to his lodging, and I staid at the corner of the court, in Oxford-street, till he came out of the court; and I took him by the left arm, and a man of the name of Oliver collared him, but he got away, and Oliver took him again; he hit Oliver two or three times, and got away from him; I pursued him till he was in the watch-house.

Q. Was he secured that day? - A. Yes; that was about a quarter after four in the afternoon; it was about half past one that he came to our house; he was taken the corner of James-street, in Oxford-street; there was nothing found upon him.

ROBERT MACKLIN sworn.

I am the beadle and constable of Mary-le-bonne parish; I was applied to apprehend the prisoner, his own sister came to me, she was crying and making lamentation; I went with her to Gee's court; she said it was a boy, and I thought I could master a boy myself, and I had no weapon with me; the young man at the bar was running, but he ran up into a house and his sister after him; she said, for God's sake come up, and we will get the property from him; I went up stairs into the front room where he was. and he drew this knife upon me, (producing it), and made three darts at me with it; then he was taken out of the front room into the back room by the lodgers and people in the house; and then the servant of the lady said, if they could but get the property from him they did not mean to do any more; then he went into the back room, and the door being half open, I peeped through into the room at the back part of the door where the hinges were, and saw in his hand a large watch, a time-piece I believe they call it.

Q. How was he taken there? - A. I look upon it the women to shelter him; it was a yellow watch as big again as my watch; upon that they took him out into the front room again, and I saw my life was in danger from the whole, and I gave it up; then I went down stairs, and stood in the passage of the house, and he had this knife in his hand, and said, will you stop me; I said, go like a thief as you are; and I was very glad when he was gone past me, for I had nobody to assist me, and then I lost sight of him.

THOMAS OLIVER sworn.

I am a watchman of Mary-le-bonne parish; I was called upon to apprehend the prisoner; I first saw the prisoner come out of Gee's-court, and then this young woman (the first witness), had hold of him by the arm, and she said to him, George, why don't you give me those watches; he did not say any thing to that, and I made answer and said, that is the man that we are after, and then I collared him; and when I collared him, the opposite party, the party that belonged to him, said to him, damn me, George, will you suffer yourself to be taken so easily; and he said, damn my eyes if I will, and he then up with his list, and struck me in the eye, and gave me a black eye, but it is gone off now, and from that the party that belonged to him rescued him out of my hand; after that he run down South Molton-street, and I followed him; says I, I will follow you till you are taken, and when I got to him, he said, damn your eyes if you shall, and struck me again three on four times; he was at last stopped the corner of James-street; I had fight of him till he was taken; when we had him taken to the watch-house, we searched him, but could not find any thing upon him.

Q. Do you know where Macklir got that knife from? - A. Yes; he had it in his hand when he was taken; I was present when it was taken out of his hands; he drew it at the corner of James-street; that was the first time that I saw the knife.

Prisoner. He collared me, and said I should go on beard a tender, and struck me several times.

Q. Did you strike him before he struck you? - A. No; I only collared him, I never struck him once.

Q. Did you ever threaten to take him on board the tender? - A. Never at all.

JOHN KITCHENER sworn.

I assisted in taking the prisoner; I came up with him the corner of James street, where he was secured; I am a gardner by trade, I heard the cry of stop-thief, and saw a great mob of people, and I saw this young fellow with a drawn knife in his hand; I did not know what he had been at then, I did not stand hesitating but a very little while, but I rushed in upon him, and secured him, till he was taken to the watch-house; I don't know any thing of the property at all, he made an attempt with his knife at several people, but I cannot speak to any particular person, except myself.

Court. (To Withers.) Q. I suppose you don't know much of the value of these watches? - A. No.

Prisoner's defence. I went to the house to thank the lady for paying my bond; I saw captain Price go by, and I told the servant girl that I must speak to captain Price first; and I went to my lodgings, and the girl came after me, and said, I had robbed the house; I was going out to the East-Indies.

GUILTY, (Aged 23.)

Of stealing to the value of 39s .

Transported for seven years .

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

Reference Number: t17960511-45

361 WILLIAM GLAVES was indicted for feloniously stealing, on the 4th of May , three picture drawings, glazed, in gilt frames, value 20s. the property of Bowman Brown .

BOWMAN BROWN sworn.

I am a surveyor in Long lane, Southwark : In January, 1795, I lost three picture drawings, framed and glazed, out of my parlour, in gilt frames; I can only prove the property to be mine, I was not at home at the time; they were hanging up in the parlour by hooks; I was not of town two days, and when I came home, they were missing.

Q. Do you at all know, of your own knowledge, whether the house was broke open, or how they went? - A. No; only from my wife.

Cross-examined by Mr. Knapp. Q. All the intelligence you received was from your wife, and that a year and a half ago? - Yes.

ANN BENJAMIN sworn.

I live in Harris-street, in Blackman-street, in the Borough: About fifteen months ago, as nigh as I can possibly tell, Mrs. Glaves came to my house, and asked me to buy these pictures, that is all I know of it; I am a married woman, I did not buy them; she asked me a guinea for them, and I told her they did not suit me; she brought them under her arm.

Q. Should you know them again if you were to see them? - A. Yes.

Cross-examined by Mr. Knapp. Q. How do you know this was Mrs. Glaves? - A. They lived together as man and wife.

Q. Do you know what business he followed? - A. No.

THOMAS GRIFFITHS sworn.

I am a constable belonging to the Police-office, Whitechapel, (produce was picture and an empty frame); in consequence of an information that we had, we went to Mr. Graves's house; on the 4th of this month; we went about nine in the morning, and apprehended Mr. Glaves at his own house, in Molusery-street, St. George's.

Q. How far from Mr. Brown's? - A. I suppose two miles; and in searching Glaves's house, we found these pictures hanging up in his parlour; we took them down and took them to the office, with the prisoner; this gentleman came forward, and said, they were his property, before the Magistrate; we had some bills printed, and by those bills being printed and delivered about, he came forward to the office; I have had them ever since.

Cross-examined by Mr. Knapp. Q. You found them at Mr. Glaves's this very month, in Whitechapel, at the distance of two miles from where they were lost? - A. Yes.

Q. Hanging up as any other pictures would? - A. Yes.

Q. And at fifteen months distance? - A. Yes.(They were deposed to by the prosecutor).

Q. (To Mrs. Benjamin.) Are those the same pictures that were brought to your house? - A. Yes; and there was another picture in this empty frame.

Prisoner's defence. I have nothing to say, my Lord, but that I am very innocent of it.

(Mr. Knapp took an objection, that there was no proof of possession by the prisoner but at the distance of fifteen months from the time of the loss, because the possession of a wife is not the possession of the husband, witness it is proved that the husband knew of that possession, and therefore contended that it ought not to go to the Jury).

Court. I am of opinion that it should go to the Jury, because, I have always held, that where a possession is traced to the prisoner, it is a case for a Jury; and I never will take a case out of the hands of a Jury where the property is traced to a prisoner's possession; the circumstances of the case they will take into their consideration.

NOT GUILTY .

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

Reference Number: t17960511-46

362. WILLIAM CHADWICK was indicted for returning from transportation, without any lawful cause, before the expiration of the term of seven years, for which he was ordered to be transported .(The case was opened by Mr. Knowlys).

JOHN OWEN sworn.

I am servant to the keeper of Newgate, Mr. Kirby; I remember the prisoner at the bar being tried in this Court, in April sessions, 1794, on the Middlesex side, (produces the certificate of his conviction); I saw Mr. Shelton sign it. (It is read).

Q. Have you any doubt that he is the man? - A. None; he was sent on board the hulks at Woolwich; after being there near a twelvemonth, he was brought back, and had a pardon on condition of serving in the 60th of regiment of foot, in the West-Indies; I delivered him, with others, at Southampton, according to the order that was given me on the 30th of October last; after that, I saw nothing of him till I was sent for to the Magistrates, when he was committed. During my conveying him from here to Southampton, he behaved remarkably well, very decent and civil.

Q. Did you see him delivered on board a ship? - A. No; he was delivered to a military officer directed to receive him, and I had a receipt of him; I left him under guard of forty or fifty people, the same as I left others who had been convicted here; I received a receipt which I brought back to Mr. Kirby.

THOMAS GRIFFITH sworn.

Examined by Mr. Knowlys. I am an officer belonging to Whitechapel; I, in company with Ro

bert Coombs , and William Smith , apprehended the prisoner in a street leading from Gravel-lane, in the Borough of Southwark, towards Black friar's-bridge.

Q. Was he, at that time, at large, or in custody? - A. At large; he ran away from his own house, and we followed him, and took him to the office, and he was committed; he was coming out of his own house, and when he saw us he struck back, went through his house, and over the pales, at the back of the house; it was on Wednesday the 20th of last month.

Q. What parish did you take him in? - A. St. George's, Southwark.

Prisoner's defence. When Mr. Owen left me at Southampton, it was on a Saturday; we were not over-burdened with money, and we had no pay; the next day we were put on board the ships at Southampton, and it was not till the afternoon, that we had any provisions; there was a great deal of ill usage, and the sailors said, if I did not like the usage, they would bring me on shore, and so they brought me in the boat and put me on shore at Portsmouth, and they told me to go on board of a man of war if I could; I was willing to go to serve his Majesty, but I was really afraid to go, for fear I should be taken and sent back to where I came from; I am very willing to serve his Majesty, but I was very much ill used in not having provision, and no pay for almost two days.

GUILTY . Death . (Aged 25.)

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

Reference Number: t17960511-47

363. SARAH CHAPMAN was indicted for feloniously stealing, on the 30th of April , a pint pewter-pot, value 14d. the property of Benjamin White .

RICHARD WANT sworn.

I am a bricklayer, in Swan's-yard, Shoreditch: On the 30th of April, I was at my dinner between twelve and one o'clock at the White-Swan, Coleman-street , when this woman came in and called for a pennyworth of beer; she sat about the space of ten minutes, and I saw her put her hand up to a shelf adjoining to the chimney-piece, and take a pint pot, and conceal it underneath her cloak, and after that, she put it into her pocket; I was obliged to go to my labour, and I told Mr. White's son of it; I am sure the prisoner is the woman.

BENJAMIN WHITE sworn.

I am a victualler , I keep the Swan in Coleman-street: On the 30th of April, my son told me that Mr. Want had informed him that the prisoner had took a pot; I told her, I should be glad to speak to her, and she got up and immediately followed me into a back-room; I told her, I heard the had got a pint pot of mine in her pocket, she said, she had, and immediately pulled it out; I put my hand down the right hand side of her, and felt a quart pot, and then she pulled that out directly, it belonged to Mr. Edwards, at the Castle in King's-street; I went and acquainted Mr. Edwards, that I had got a quart pot of his; there was a constable there, and he fetched the woman and the pots down to the Castle.

Prisoner's defence. I had no intention to bring it away, not in the least.

Q. (To the Prosecutor). Was the woman drunk or sober? - A. Quite sober.(The prisoner called two witnesses, who gave her a good character).

GUILTY . (Aged 37.)

Imprisoned one month in Newgate , and fined 1s .

Tried by the London Jury, before Mr. COMMON SEIJEANT.

Reference Number: t17960511-48

364. ELIZABETH BRYAN , MARY BRYAN , and ELIZABETH WALTON were indicted for feloniously stealing, on the 26th of April , two gold rings, value 10s. the property of William Ward .

JOHN PAGE sworn.

I am servant to Mr. Ward, goldsmith , in Cheapside : On the 26th of April, the two younger prisoners, Mary Bryan and Walton, came into the shop and asked me to show them some gold wedding-rings; I shewed them several, which, for some time, they returned, pretending none of them would do; they reached their hands over, and took several of the rings out of the drawer that I held in my hand; Mary Bryan , I believe, returned all the rings she took away; Walton returned three, after saying, there were no rings that would suit them; I asked her to return those rings that she had in her hand, she denied having any, but I clearly perceived two rings in the palm of her hand, upon which I immediately went round the counter, locked the door, and put the key in my pocket; I told her, unless she returned me the rings, I would send for a constable, and take her before the Lord-Mayor; I sent Mr. Ward's livery servant, who procured an officer; in the mean time, the old woman knocked at the door, I was off my guard, and opened the door a little way, and she pushed herself in, her name is Elizabeth Bryan ; I refused to shew her any rings, and told her she must call some other time, I was engaged; I pushed her out of the shop as quick as I could, and turned the key upon her; when the officer came, a few minutes after, she pushed herself in again with him; she asked one of the other women to give her a pin, and while she was talking with them, the little one, Walton, ran out of the shop, she made a signal to them both to run away.

Q. What signal? - A. Urra, or some such expression as this, repeated three times; I pursued Walton, and brought her back to the shop; when I returned, the officer had secured the old woman; I saw her sitting in a chair and struggling, she appeared nearly suffocated by having attempted to swallow something, and they were afterwards all three taken into Mr. Ward's back parlour, and searched, nothing was found upon them; I had counted the rings two days before, we arrange them on a piece of velvet, on which are little brass pegs, where we keep them by themselves, and if one or two of them were gone, we must miss them; there were five rings wanting to make the case full, the case holds 60, and now we have but fifty-two.

Q. Who serves in the shop when you are at dinner? - A. Mr. Ward himself; he is not here; I did not count them, or observe how many were wanting when I took the drawer out.

Q. For those two days, you don't know, of your own knowlege, that two had not been sold? - A. No.

BENJAMIN DIXON sworn.

I am a constable; I was sent for to Mr. Ward's shop this day three weeks, I believe, between the hours of one and two; the last witness gave charge of Mary Bryan and Walton; I was going to take them into a back-room to search them, and in the intrim, Eizabeth Bryan came in, and with some particular expressions, she said, I should have nothing to do with them, they should go out; and in the Irish brogue, she clapped her hands, and cried out, "Urra, "as loud as she could holloa, and then Elizabeth Walton made to the door and got out; there was a cry of stop-thief, and she was immediately brought back; as soon as she came back, Walton and Elizabeth Bryan hussled together; I immediately saw Elizabeth Bryan put her hand to her mouth, and I said, you good for nothing woman, you are the woman that has got the property, or something similar to that word; I then laid hold of her, and put her across the chair, with her head upon my left arm; I then went to open her mouth, and she clinched her teeth very fast; I put my finger and thumb to her throat, till I thought I should injure her by keeping her so long; I felt something in her throat, but what it was I cannot say; I then let my fingers loose from her throat, and she gave a sort of a gulp twice, and said, "have you got them now;" I could not then be satisfied, but what she had got the property, and I took them into a back room, and stripped them all three from their caps and bonnets to their shifts, every place about them as far as decency would allow, but I could find nothing at all more than at the bottom of a box in Mary Bryan 's pocket, there was half a guinea, which she offered to Mr. Page to let them go, then I called a coach, and took them to the Compter.

Q. (To Mr. Page). You had not examined this box for two days? - A No.

Q. Then can you take upon yourself to say, supposing you had had no conversation with Mr. Ward, that two rings were stolen from it? - A. I cannot pretend to say, upon my oath.

All three NOT GUILTY .

Tried by the London Jury, before Mr. COMMON SERJEANT.

Reference Number: t17960511-49

365. JOSEPH WEBB was indicted for feloniously stealing, on the 16th of April , one guinea , the property of Sherland Swanston .(The case was opened by Mr. Knowlys).

SHERLAND SWANSTON sworn.

Examined by Mr. Knowlys. I am a merchant , I live in Thames-street , the prisoner at the bar used to shave me: On the 16th of April, he came at his usual time, about eight o'clock in the morning; in consequence of a suspicion, my son marked some money, the evening before, by my directions, in my presence, and put it into the drawer; I have missed money several times, one time four guineas, and at another, two and a half, and suspicion falling upon him, I had a watch set upon him.

SHERLAND HILL SWANSTON sworn.

Examined by Mr. Knowlys. I am the son of the last witness; by direction of my father, I marked five guineas, on the 15th of February, by a dent on the reverse side, not the head side, about ten minutes before the prisoner came, I saw the five guineas in the desk, the key of the desk was given to me, and I waited in the counting-house till the prisoner rang the bell, till which time nobody was in the room but myself; I concealed myself as soon as the prisoner was left in the hall; while the servant was gone down stairs, I saw him cross the counting-house.

Q. Was that in the way to your father whom he was to shave? - A. No, quite out of the way; where I was I could not see the desk, but I saw him within a foot of it, and passing towards it; I heard the desk unlock, the lock snapped so loud that it was heard up two pair of stairs, I heard money chink, and the desk locked again; I saw the prisoner return from the desk at the same distance that I saw him going to it, and he then went up stairs where my father was waiting to be shaved; I came from the place where I was concealed, and opened the desk, I found a guinea was missing out of the five; I had my father called down stairs, and informed him of it; a constable, and another person in the house, were called up stairs, and I went up with them; the prisoner was searched by the constable, by the direction of my father, in my presence; a kind of skeleton key was found upon him, and one

of the guineas which I had seen in the desk that morning.

Q. Are you able to swear that was one of the marked guineas that you put into the bureau? - A. Yes; the mark was upon it.

Q. When this was taken from him, did the prisoner say or do any thing? - A. He at first denied it, till he found the money was marked; I said, that I knew that to be the guinea; then he entreated to be dismissed; he said, he would go down upon his knees a thousand times if my father would not give him in charge to the constable; my father did give him in charge, and he was committed.

Q. Had you any doubt, when you saw it, that it was one of the guineas? - A. No.

Cross-examined by Mr. Knapp. Q. You say no person had been in this room? - A. Yes.

Q. How long was it between the time you left the room and the time of ringing the bell? - A. It was instantaneous.

Q. It was not till after you had charged the prisoner, and was going to deliver him over to the constable, that he offered to go upon his knees? - A. No; he denied it at first; and when he found the guinea was identified, he begged not to be delivered over to the constable.

DANIEL MUNRO sworn.

I was in waiting at Mr. Swanston's, I was called up stairs; Mr. Swanston, the elder, was saying to the prisoner, "Joe, you have broke open my desk, and robbed me;" which he absolutely denied; however, they told me to search him; I searched him, and in his waistcoat-pocket, I found a guinea, which Mr. Swanston, junior, immediately knew to he his; in another of his pockets, I found a guinea, a shilling, a sixpence, and a key. I was as much agitated at that time as he was himself; then I found, under his watch in his fob, this key, (producing a pick-lock key). it opened all the four desks.

Q. Did the prisoner say or do any thing after that? - A. No; he begged for mercy, but made no kind of resistance; he behaved as well as a man could do in his situation.

Mr. Sherland Hill Swanston. This is one of the guineas that I marked.

Mr. Knapp. Q. You describe it as a dent? - A. Yes; a hole done with the point of a pocket knife, but not smoothed.

Q. You have, perhaps, marked guineas before in that sort of way? - A. Never.

Q. You marked five at this time? - A. Yes.

Prisoner's defence. The key I certainly confess I had about me; I got the key upon Tower-hill, to open a box that I had lost the key of, I gave ninepence for it; and as to trying Mr. Swanston's desk I did not; I had two guineas about me, one of which he thought proper to own; if he had examined the other guinea, I dare say that would have been marked as much as the other.(The prisoner called five witnesses, who gave him an excellent character).

GUILTY . (Aged 20.)

Transported for seven years .

Tried by the London Jury, before Mr. COMMON SERJEANT.

Reference Number: t17960511-50

366. WILLIAM HARVEY was indicted for feloniously stealing, on the 30th of April , a man's thickset frock coat, value 5s. the property of William Lascelles , Esq.

GEORGE BURGOE sworn.

I am under groom to General Lascelles; on Saturday, the last day of April, the coat was taken out of the stables in Edward's Mews ; I saw it about five minutes before I missed it, between three and four o'clock hanging up in the stable; it was my coat; I have never seen it since; the prisoner was there at the time, and the coat was missed, and he was missed; I never saw him before; he was about the yard three or four hours before the coat was missed; after I had lost the coat, I enquired, and a great many people said they saw him carry it away.

- COX sworn.

I work for plaisterers; I have seen the prisoner about the stables, that is all I know of him; I did not see him take the coat, but I saw him with the coat between three and four in the afternoon of the last day of April, Saturday; it was doubled up under his arm; it was a thickset frock, a very good one; and I believe it had covered buttons, but I am not quite sure, the cape was yellow.

Q. Cloth or velvet? - A. Cloth; and the lining was of the same colour; I did not know but it was his own.

Q. (To Burgoe). Is this the description of your coat? - A. Yes; exactly; it had convered buttons.

JOHN MAYNE sworn.

I am a patrole belonging to Bow-street Office; I live next to the Mews; I heard a noise about the Mews; and I was told he was the man; and I met him between twelve and one the same night; and I took him over to the watch-house; he denied having the coat, and there was nothing found upon him; this was about eight or nine hours after it happened.

Prisoner's defence. I was in the Mews along with the prosecutor; and I never was in the stables any further than I tossed him for a pint of ale; I had no coat with me at all, I was in my jacket sleeves, nor never saw the coat.

NOT GUILTY .

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

Reference Number: t17960511-51

367. WILLIAM HEDGES and THOMAS JONES, otherwise MILES , were indicted for feloniously stealing, on the 28th of March , a she ass, value 3l. the property of William White .

WILLIAM WHITE sworn.

I am a labourer at Ascot, in the parish of Rislip ; I lost a she-ass; I missed her on Easter Monday at night; I saw her about five o'clock the night before; I found her the 6th of April, the Wednesday week following, at Squire Griffiths's premises at Old Windsor; he said he bought her of these two men.

Q. How do you know this she-ass? - A. She has got a particular mark upon her rump; a long stroke almost like an I, burnt in her; it was put on before I bought her last Christmas; and I knew her by some white spots upon her thigh.

Q. Then from these marks do you think you can safely swear that she is the same that you saw at Squire Griffiths's? - A. Yes, I can; I have no doubt at all; I had her from Squire Griffiths's, and have had her ever since; I gave 25s. for her when I bought her.

Q. How far is Squire Griffiths's house from your premises? - A. It is about thirteen miles off.

THOMAS VALE sworn.

The prosecutor bought the ass of me sometime about Christmas, or rather before; I found her afterwards at Mr. Griffiths's, and knew her again; I had had her about two years; she has a mark burnt with a large iron in the off side of her rump like an I, and many white spots about her.

Prisoner Hedges. I was admitted an evidence before the Magistrates at Uxbridge.

Owen He was committed as an evidence.

Q. To Vale. Was he admitted as an evidence before the Magistrates? - A. He was.

Court. That will be a consideration hereafter; the Jury have not any thing to do with it.

GEORGE ALDEY sworn.

I swopped a little horse with Miles for two asses, and in a week's time one of them was taken away from me.

Q. What do you know about Mr. White's ass? - A. I don't know any thing about it.

Q. Do you know any thing about a she-ass? - A. No.

HENRY LIPSCOMBE sworn.

Q. Look at the prisoners? - A. I know them very well; I was with my master, Mr. Griffiths, when he bought this ass of them; I am bailiff to him; it was in the Easter week; he was to give two guineas for her in ten days; he mistrusted that she was stole, and so he gave them nothing at the time that she was delivered to my master, and she was owned in five or six days after my master bought her, and they went away.

Q. Are you sure these are the men that sold her? - A. Yes, they were both together; they both said they swopped two jack-asses away for her.

Vale. I and Aldey took the prisoners in the parish of Aldersham; one of them (Miles) ran away; squire Griffiths promised to stop them when they came for the money, but he did not.

Lipscombe. They did not come for the money at all.

Miles's defence. This man sent me for the money at the time this gentleman was in the field.

Hedges's defence. I cannot say any more than I have said; I have worked ever since I have been a boy, with a farmer in the neighbourhood.

Hedges, GUILTY. (Aged 40.)

Judgment respited till next session .

Miles, GUILTY . (Aged 22.)

Transported for seven years .

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

Reference Number: t17960511-52

368. MARGARET DONOVAN was indicted for feloniously stealing, on the 12th of May , a canvas bag, value 1d. and seven guineas , the property of William Lansdown .

HENRY BATES sworn.

I belong to Mary-le-bonne watch-house; the prosecutor has been out of the way ever since Saturday, and I have not been able to find him, he is a sailor , lately returned from sea; I was three times after him on Monday; on the 12th of this month the prosecutor came to the watch-house, and said, he had been robbed by the prisoner; I knew her very well, and apprehended her the next morning; I searched her, but found nothing upon her.

NOT GUILTY .

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

Reference Number: t17960511-53

369. SAMUEL KIDDEY was indicted for that he, on the 4th of May , did feloniously make, forge, and counterfeit, certain a promissory note as follows:

"No. 225. B. Rington, Salop, April 1, 1796.

"I promise to pay to bearer on demand, at"Mess. Drammond and Co.'s bankers, London,"five guineas, for value received for self and Co.

"G. Shepherd, entered G. B." with intent to defraud Edward Smith .

Second Count. For feloniously uttering and publishing a like note, knowing it to be forged.

It appearing upon the evidence that it was not stamped, and that no enquiry had been made into the existence of such a person as G. Shepherd, the Court were of opinion that the prisoner must be ACQUITTED .

Tried by the third Middlesex Jury, before Mr. Justice GROSE.

Reference Number: t17960511-54

370. JOHN MICHAEL THIEL was indicted for feloniously stealing, on the 23d of April , eleven beaver skins, value 20s. six rackoon skins, value 2s. and nine fox skins, value 8s. the property of James Strahan , James Mackenzie , and Alex, Glenerie .

Second Count. Laying them to be the property of Robert French . And a

Third Count. Laying them to be the property of persons unknown.(The indictment was stated by Mr. Jackson, and the case opened by Mr. Knowlys.)

ROBERT FRENCH sworn.

Examined by Mr. Trebeck. I am master of the Esdaile , the owners are James Strahan and James Mackenzie , she lay at Cherry-garden stairs , the Surry side of the water; she came from Pensacola, she was laden with skins and fur, the chief part of her cargo was deer skins, and there were rackoon skins, fox skins, beaver skins, and other skins.

Q. Do you know how many ships trade from Pensacola to the port of London? - A. Certainly I do. Only two.

Q. Had the other ship arrived in the river before you? - A. No. About a fortnight or three weeks after. The prisoner was on board my ship as foreman lumper , the person who overlooks and sees that they do their duty. A lumper is a labourer employed in discharging the ship of her cargo. Upon information I went to Mr. Staples's office. I saw Mr. Rees, who is clerk to Roe and Robinson, who are skin brokers; they were employed as brokers to land this cargo. I went to the house of Mr. Roe, and saw three casks of beaver, rackoon and fox skins. The first cask appeared to be deficient about fifty skins, another was about eighteen or twenty skins deficient, and there were about thirty missing out of the third cask. I could not swear to the skins; the prisoner was often about the casks as a lumper; he was employed about them from Wednesday till Friday; the cargo was not all discharged till Saturday, then I enquired for him, and he was missing.

Cross-examined by Mr. Knapp. Q. At Pensacola the skins are packed up and put into the ship by negroes? - A. Yes; we are sometimes present, but we have no business there.

Q. All the knowledge you have of what is packed up you derive from a bill of lading? - A. Yes.

Q. Perhaps you have known deficiencies when they have arrived in this country? - A. A skin or two may have been found deficient, but not more.

Q. You did not know you had lost any skins till you came to Mr. Staples's office? - A. No.

Q. There were other lumpers under the prisoner's controul? - A. Yes; there are sometimes eight, sometimes ten, sometimes twelve.

Q. How many skins were imported last year? - A. Six hundred of this sort.

Q. The prisoner was missing on Saturday, and you supposed he was pressed? - A. I heard so when I enquired for him; I can swear that these three casks were plundered; Mr. Rees and myself were going to Mr. Robinson's warehouse, where these casks were, and a cooper was sent for; the cooper began on one cask; I said there was one cask I was certain was plundered, I saw the head of it had been taken out; we opened it, and found it had been plundered.

Court. Q. Do you mean to say the casks were of different sizes? - A. Yes, and they were all full.

Q. If such a number as fifty had been taken out, you must have observed it? - A. Certainly; it was very evident.

HENRY HENDERSON sworn.

Examined by Mr. Jackson. I am a seaman on board the Esdaile; Thiel, the prisoner, was there as foreman lumper: On the 21st of April, the surs were discharged; a cask was broke, and the head out entirely at the cabin door, by the steerage; several of the casks had slown, and the prisoner was assisting in coopering the loose casks; he had on a working frock made of canvas; he was employed on the 22d, the day before he was missing; there were two parties of men, some working between decks, and others in the lower hold; the prisoner was at work at the upper main hatch-way; he left the ship at the time the rest did; the ship was cleared of all but the deer-skins at that time; I saw the prisoner's dress more bulky than usual; he had a canvas frock and trowsers, I believe, but am not certain; he looked very bulky about his trowsers; the prisoner went away about three quarters of an hour after that; his dress was the usual dress of a lumper.

EDWARD ROGERS sworn.

I am one of the Police officers of Shadwell. On Saturday the 23d of April I went to the prisoner's house, in company with Haynes and Forster, he was standing at the door; when he saw us he went in; I told the prisoner we were come with a search-warrant to look for furs; the prisoner said he had nothing of that sort; he knew nothing about furs; he admitted that he rented the premises; he went to the passage, and was going backwards; I followed him and he returned with me, and then I saw, for the first time, an handkerchief with furs on the ground floor; I saw some furs in a box under the table, which was broke, they were put into a smock frock, and in all amounted to fourteen skins. I saw the woman bulky about the breast, and I searched and found a skin in her bosom; his wife turned about and said, in the presence of her husband, it was a very hard case her husband should

suffer for all, or others, or words to that effect; the prisoner whispered us to go with him to the passage; we asked him where he had got these things; he then told us that he had a little before sent a quantity of skins to Mr. Moses, in Lower Shadwell, and that others were packed up in a handkerchief to send to Mr. Moses; and the other officers took him and his wife to the public-house, opposite the Magistrate's, where there was a lock-up-room; we went the same day to Mr. Moses's house, and found Mr. Moses and his wife, and a man, in the shop; we found, in a little closet, in Moses's house, these seven beaver skins.

JOSEPH HAYNES sworn.(Produces the skins found at the prisoner's house.)

I went, in company with the other officers, to search for skins; he denied having any; when we found the skins, the prisoner told me he bought them at a public-house where they used; we went to Moses's house where the prisoner told us he had sent some skins, and there we found seven skins in a place concealed; we brought them away.

WILLIAM JACKSON sworn.

I keep the Lebeck's head, where the prisoner was put in custody, the prisoner had four skins found in his trowsers at my house.

WILLIAM REES sworn.

I am clerk to Robinson and Roe, skin-brokers, our house unloaded the ship Esdaile. In the warehouse we found, in one cask, twenty beaver skins deficient; in another cask, twenty-eight rackoon skins deficient, and in another we opened, we found, I believe, thirty-nine fox skins deficient; I only know of the deficiency by the invoice, which is not here, they appeared to be plundered, one of them had been opened, and the head taken out, they were not so full as they should have been; that which had been opened, contained beaver skins. There are beaver skins among these; there are no beaver skins in the other parcel; they are the same kind of skins that were imported in the Esdaile; they are of the value of 8s. a-piece.

Cross-examined by Mr. Knapp. Q. From the cask not being so full, you were induced to give your opinion that it was plundered? - A. Merely from the appearance of the cask.

Q. I take it for granted that such sort of skins might have been imported in the preceding year? - A. There were too of the same sort of beaver skins imported last year.

Q. Have you heard that they have got into the retail trade? - A. No; except that a hatter may have purchased a few of the regular dealers; On the 23d of April, the cargo of the Esdaile could not possibly have got into private hands.

Mr. Knowlys. Q. Would it have been either prudent or proper to have conveyed skins that length of passage with a deficiency of twenty skins? - A. I don't think they would have packed them so.

Captain French. Q. When they pack these casks in Pensacola, they always pack them as close as possible, or they would not keep the worm out; so much so, that in case they have not sufficient beaver skins to fill the casks, they fill them up with other skins of less value in order to keep them full.

Prisoner's defence. My Lord and Gentlemen, I bought and paid honestly for this property.(The prisoner called three witnesses who gave him a very good character.)

GUILTY . (Aged 34.)

Transported for seven years .

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

Reference Number: t17960511-55

371. THO. MADDY and JOHN BROWN were indicted for feloniously stealing, on the 13th of April , a wooden cask, called a sugar hogshead, value 5s. the property of Ann Rogers , spinster , and Amelia Susannah Rogers .

RICHARD MAY sworn.

Q. Do you know the Miss Rogers? - A. Yes; Ann and Amelia Rogers; they are coopers in the Old-Change ; I am servant to them; I was asked on the 14th of April, whether we missed a hogshead or not; I told the person I did not know, but, upon enquiry, I found there was one missing; I was told by the person that asked me, that two of his apprentices had seen the prisoners at the bar -

Court Q. You must not tell us what they told you; who said they saw them? - A. Josiah Norris and William Norris.

JOSIAH NORRIS sworn.

On Wednesday the 13th of April, going along Old Fish-street, I saw the prisoner Maddy just before I came to him roll one of the hogsheads away from the bottom of the Old-change about thirty yards from the shop.

Q. Were they empty? - A. Yes.

Q. Was Brown with him? - A. Yes; standing at the corner of the Old-change to see if any body was coming, as we thought; they rolled it along Little Knight-rider-street; they stopped at the corner of Do-little alley, and then Brown came to Maddey, and went first to the corner of the next turning, Bennet's-hill; when he came there, he held up his hand, and the other came forward with the hogshead; Brown then went up into St. Paul's Church-yard, and left Maddy at the corner of Bennet's-hill, he rolled it up after the other into St. Paul's Church-yard; they went round on the right hand, and we went round on the left.

Q. Did you ever find the hogshead afterwards? - A. Yes; William Norris found it.

Prisoner. Q. Can you swear to the hogshead I rolled away? - A. No, I cannot.

THOMAS CHURCH sworn.

On the 13th of April, two of my apprentices informed me they saw the prisoners, Maddy and Brown roll a hogshead away; I acquainted Mr. May, Mrs. Rogers's foreman of it, the next morning, he looked over the casks and missed one; I saw a hogshead that corresponded with two I saw in the warehouse, the next evening, in a yard, belonging to Mr. Mathews, in Bunhill-row; I looked at the hogshead, and saw it was the same mark with those I saw at Mrs. Rogers's; William Norris was with me, Josiah did not go, he was very busy, and May was present with me.

Mr. May. I saw the hogshead at Mr. Matthews; I believe it is Mrs. Rogers's property, I cannot swear to it.

JOHN LONG sworn.

We turned out three hogsheads on Wednesday the 13th of April; they stood about ten or twelve yards from Mrs. Rogers's house, in Old Fish-street, to go to the coopers, they were marked M.L. and a little b over; the one I saw at Mr. Matthews's was marked M.L. and a little b over, and No. 9; I believe it to be one of the three we turned out on the preceding day, I have no doubt in the world of it.

Prisoner. Q. How many had you home that day? - A. We received ten on the Monday preceding, these three were turned out on the Wednesday.

Q. (Prisoner to May). How many did you receive that day? - A. We were to receive three that day, and received only two, one of them was taken away.

JAMES BISSET sworn.

I am clerk to Mr. Matthews; on the 13th of April, the prisoner, Maddy, brought a hogshead to Mr. Matthews's accompting-house, in Wood-street, to fell, we bought it of him, and gave him 5s. and 6d. he brought it about seven in the evening; I did not ask him how he came by it, Mr. Long saw the cask the next day.

Maddy's defence. I bought one that day out of a grocer's cart, just by Queen-hithe, and I took it to Mr. Matthews's the next day; I bought two, and took them to Mr. Matthews's.

Mr. Long. These men have both rolled casks from our house.

Brown's defence. I had broke my thigh, and walked with a stick at the time these gentlemen say this cask was stolen; I could not roll this cask.

Q. (To Norris). Had Brown a stick at the time? - A. Yes; he was rather lame.

Q. (To May) How came the casks to be left in Old Fish-street? - A. Our potter should have brought them, but the premises were repairing, and there was no room for them.(Maddy called five witnesses, who gave him good character).

Maddy, GUILTY . (Aged 39.)

Imprisoned six months in Newgate .

Brown, GUILTY. (Aged 26.)

Publickly whipped and discharged.

Tried by the London jury, before Mr. justice GROSE.

Reference Number: t17960511-56

372. WILLIAM CARLISLE was indicted for feloniously stealing a pound and a quarter of sewing thread, value 14s. 9d. ten yards of book muslin, value 1s. 17s. 6d. and a silk handkerchief, value 4s. 6d. the property of William Evans , April 27 .

WILLIAM EVANS sworn.

I am a haberdasher in Fleet-street: On Wednesday the 25th of April. I packed up the articles mentioned in the indictment; I saw them packed up, and delivered them to a boy, Morgan Williams, and desired him to take them to Messrs. Norths, Bridge-street, to be packed up in a parcel, and sent to Mrs. Ann Heatherly , of East-Bourn.

Mr. Knowsys. Q. Have you any partner in your business? - A. No.

MORGAN WILLIAMS sworn.

I am servant to Mr.Evans; On the 27th of April, my master delivered me a parcel directed to North and Company, it was to go further, but I don't know where to, I was to take it to North and Company, in Bridge street; almost opposite the door of Mr. North, I met the prisoner; I asked him where that parcel was directed to; he said, I belong to this place, my mother is at your house; you may go back, and tell her I have got the parcel; he said, his name was William Davis ; I gave him the parcel; I am sure the prisoner is the person; we found out afterwards, the parcel was not rightly sent. On the Thursday fortnight, I was sent with a parcel to the west end of the town, going up the Haymarket, I was buying some gingerbread, I looked over the way, and saw the prisoner, I knew him again; I crossed the street to him, and he jumped into a yard, I went after him into the yard; I heard him ask a man upon a cart in the corner of the yard, if a boy was coming down the yard, and told the man to send me out; the man said he had no business to send me out, I did not see him at that time; he then ran up to me and asked me how I was; I said, pretty well thank you; how do you do; he asked me, where are you going; I am going home; says I, where are you going; he said, to your master's house; I asked him what he had done with the parcel I gave him in Bridge-street; he asked me whether it was a parcel or a box; I said, it was a parcel in a brown paper; then he asked me whether I could

run; I said, I could not run fast; and he began to walk fast, half running; I said, if you dare to run I will call out catch thief; he was looking up every turning; and when we came past Charing-cross, he said he wanted to go up a turning to see some of his friends; you shall see them another time, says I, come along with me now, and tell my master what you have done with the parcel; we came along together till we got to Burleigh-street, Exeter-change, I had hold of the slap of his coat, he broke from me, and ran up there; I cried, catch thief; and some man ran out with a knife, and stopped him; he had not got out of my sight.

Q. You have no doubt it is the same man you delivered the parcel to? - A. No; he had the same cloaths on then that he had when I delivered the parcel to him, and has the same now; I knew his person as well as his cloaths; I am sure he is the person I delivered the parcel to.

Cross-examined by Mr. Knowlys. Q. Did you tell the man upon the cart in the yard that he had taken your parcel, and desire him to stop him? - A. No.

Q. Is the man here that stopped him? - A. No.

Q. What time in the evening was it the person got the parcel from you? - A. Between six and seven in the evening.

Q. You got some anger for parting with the parcel? - A. Yes.

Q. And was very eager to find the person? - A. Yes.

Q. It was a week after before you saw this man? - A. Yes.

Q. Was he in black? - A. Yes; and boots on.

RICHARD GRIFFITH sworn.

I live at North and Company's; we sent a parcel to Mrs. Heatherly, on the 27th of April; we expected a parcel from Mr. Evans to enclose, but but did not receive any.

Prisoner's defence. When he stopped me, he swore to me by my being in black.

GUILTY . (Aged 18.)

Transported for seven years .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17960511-57

373. JOHN JONES was indicted for feloniously stealing a leather pocket-book value 6d. the property of Edward Ray , May the 17th .

EDWARD RAY sworn.

On Saturday the 7th of this month, between eleven and twelve o'clock, as I was walking through Fenchurch-street , I heard a cry of pickpocket. I turned round, and a gentleman took hold of my arm and charged the prisoner with having taken a pocket-book out of my pocket; as I neither saw nor felt him do it, I can only swear to the property which I found at his feet.

JOHN PEARCE sworn.

On Saturday the 7th of this month, between eleven and twelve o'clock, I was in Fenchurch-street. I saw the prisoner in company with two others; the prisoner beckoned to the others to follow him close, and they made a run up to him immediately. As they got to the prisoner they followed Mr. Ray very close, and I saw the prisoner put his hand into his pocket and take out a red pocket-book. I immediately tapped Mr. Ray, and told him the prisoner had picked his pocket of his pocket-book. Mr. Ray turned round, and the first thing that struck his attention was the pocketbook lying on the ground at the prisoner's feet. Mr. Ray immediately took it up; I laid hold of the prisoner and took him over to the oil shop, and got a constable and gave charge of him.

(The pocket-book was produced, and deposed to by the prosecutor).

Prisoner's defence. I was going to the India-house to get a captain to go to India; going there I was accused of taking that gentleman's pocketbook innocently. I saw a pocket-book lying; he took me to the oil shop, and I was examined by Alderman Pickett, and committed for trial.

GUILTY .

Transported for seven years .

Tried by the London Jury, before Mr. Justice GROSE.

Reference Number: t17960511-58

374. JOHN WILLIAMS was indicted for breaking and entering the dwelling-house of Joseph Slack , about the hour of nine in the night of the 4th of May , with intent to steal his goods .

JOSEPH SLACK sworn.

I am a taylor . I live at No. 118. Wood-street, Cheapside . On Wednesday the 4th of May I had been out of town in the afternoon. I returned about nine o'clock, the warehouse was not shut up; my servant that usually shuts the warehouse was out. I came down in a quarter of an hour to shut the warehouse myself, and on opening the private door into the warehouse the bell was rung, and I went to the door and found the prisoner in custody of the officer. I was informed by the officer that the prisoner was breaking into my house; the door of the warehouse is a glass-door; on examining it I found the glass was broke, the door was bolted and chained; the bolt was undone. I saw it bolted and chained in the morning; the warehouse is unoccupied and opened for the benefit of the air to circulate through; there are two doors, the warehouse door is unconnected with the private door that leads to the house, the warehouse makes a part of the dwelling-house.

Cross-examined by Mr. Knapp. Q. Is the person that fastened the warehouse here? - A. He is not.

Q. It was hardly dark at nine o'clock the 4th of this month, I believe? - A. It was dusk; I came down with a light in my hand.

Q. Could you discover the face of a man without a light? - A. I don't think I could; it was a quarter past nine.

Q. You won't take upon yourself to swear either way? - A. No.

JOHN BARNFIELD sworn.

I am servant to Mr. John Roberts , in Wood-street: On Wednesday the 4th of May, I saw some men loitering about Mr. Slack's door; I thought them thieves.

Q. What time was it? - A. About ten minutes or a quarter after nine.

Q. Was it light enough to see their countenances? - A. No. There were three of them, one on one side of the way, and two against Mr. Slack's warehouse. I walked a little way, and came back on the opposite side of the way, and one of the men had his arm through the casement that opens into the warehouse. I went to the pork shop, and told Mr. Newman I believed there were some men breaking into Mr. Slack's warehouse, and he came with me. There were two at the door when Mr. Newman came, and he laid hold of one with each hand, and one came from the opposite side of the way and struck him with a stick which stunned him, and he let one of them loose; he secured the prisoner.

Cross-examined by Mr. Knapp. Q. Was it quite dark? - A. Yes; you could not discern the countenance.

Q. How came you to answer that you could not discern the countenance? - A. I thought you meant to know if I could swear to his face.

Q. You know there is a reward if you convict this man? - A. No, I don't know there is any reward; I have heard there is a reward if men are hung.

Q. Have not you been talking with Newman about a reward? - A. No.

Q. You never heard there was a reward for taking a house-breaker? - A. No; unless they are hung.

Q. Who told you that? - A. Mr. Slack.

Q. When did he tell you? - A. I don't know.

Q. Was it before you went to the Justice's? - A. I don't know whether it was before or after.

Q. Was it since you have been attending this Court? - A. I believe not.

Q. I with you to tell me when Mr. Slack the prosecutor told you there was 40l. reward for a person when he is hung? - A. I cannot recollect, it was since he was examined at Guildhall.

NEWMAN sworn.

I am an officer; on Wednesday the 4th of May, about ten minutes after nine, the last witness, and a person that keeps a pork-shop, came to fetch me, and I went to Mr. Shack's house; I stopped on the opposite side of the way about a minute, and then I went over the way and caught the prisoner, with his hand through a pane of glass, and another man with him; I seized them both; I called out for assistance, and I immediately received a blow on the head, which stunned me; I did not know whether it was a pistol or what; I secured the prisoner, the other got away; I took him into the house, he made a great deal of resistance, he would not be handcuffed; I was not armed, I rung the bell and the prosecutor came out; I charged him to assist me, which he did; when I went in the inside the door was about two inches open, the lock was undone, and the lower bolt.

Mr. Knapp (To Slack). Q. I believe you have prosecuted several times here before? - A. Once before.

Q. Whether you knew there was a reward if this man was convicted? - A. I knew there was a reward upon all convictions.

Q. Have you had any conversation with the boy upon the subject? - A. None but what was accidental.

Q. Have you had any conversation with him on this business about the reward? - A. Not to my knowledge.

Q. You never said there was a reward if the man was hung? - A. Never to my knowledge; I don't recollect whether I said it or not.

Q. Will you swear that you have not said it? - A. I will not take upon me to swear it.

Prisoner's defence. I am a shoe-maker , I went to a fellow-servant who promised to get me a seat of work; coming home through Wood-street, I met a shop-mate; I was standing talking to him, this man came and laid hold of me, and said, I was breaking the house open, that I had my hand through the window, I was some yards from it.

GUILTY . Death . (Aged 23.)

He was recommended by the jury to his Majesty's mercy.

Tried by the London jury, before Mr. RECORDER.

Reference Number: t17960511-59

375. JOHN PURDY was indicted for feloniously stealing on the 11th of April , a wicker-basket, value 4s, a half-peck loaf of wheaten bread, value 2s. and 1d, fifteen quartern loaves of other wheaten bread, value 15s, two other loaves, called three-penny loaves, value 6d. and one other loaf of mixed bread, called a sixpenny loaf, value 6d. the property of William Bath .

ROBERT WETHERILT sworn.

I am an officer; I was standing at my door in Great Carter-lane, Doctor's-Commons, on the

11th of April, about eleven in the forenoon, I saw the prisoner come by with a large basket of bread on his back, a loaf fell out opposite the door, it was taken up and put into the basket again, the basket had got down to the small of his back, from the awkwardness of his carrying it; I suspected him, and asked him where he got the basket, he said, a man was to give him 3s. to carry it to Rosemary-lane; I said; I did not think he came honestly by it, and made him put it down; he attempted to run away, I secured him, and had the loaves counted and marked; I left them at Mr. Cole's, and took him to the Compter, and in the afternoon, I found a baker in the neighbourhood who had lost it; I asked the prisoner if he was a baker, he said, no, he was a stay-maker; I took the prosecutor to Mr. Cole's, where I had lodged it, to look at it, one loaf was carried before the Magistrate.

WILLIAM BATH sworn.

I am a baker in Salisbury-court, Fleet-street; I took the basket of bread out, and pitched it in Dorset-Street ; I was sent for home, and when I returned, I found the basket was gone; a Jew-woman said, she heard a man was detected with a basket of bread, in Shoe-maker-row; I afterwards saw it at Mr. Cole's, and the basket and bread were my property.

Q. Is the basket here? - A. No; I did not know it was necessary.

Q. How does that basket differ from other baskets? - A. There is no great difference; I know it to be mine.

Q. What mark was on the loaves? - A. No mark but a common W.

(The property not being sufficiently identified, the prisoner was not put on his defence).

NOT GUILTY .

Tried by the London jury, before Mr. COMMON SERJEANT.

Reference Number: t17960511-60

376. HENRY NORGROVE was indicted for feloniously stealing, on the 2d of April , a kerseymere waistcoat, value 2s. the property of William Withers, a linen sheet, value 5s. three pair of cotton stockings, value 7s. a pair of worsted stockings, value 1s. a linen shirt, value 2s. and a pair of velvet breeches, value 1s. and 6d. the property of Edward Evans .

HANNAH EVANS sworn.

I am the wife of Edward Evans , and live at No. 3, Little Elbow-lane ; the prisoner lodged with me a fortnight, during which time I lost the things mentioned in the indictment, (repeating them); the waistcoat was the property of William Withers , the breeches were Richard Bond 's, the sheet was mine; they were taken out of the room where the prisoner lodged; a duplicate of the kerseymere waistcoat was found on him on the 2d of April; he had pawned it in Knight-Rider-street, the corner of Do-little-alley; when he came to me, he said he was a cooper, and worked with Mr. Richard's, in Maid-lane; I have not found any of the other things, there were three other persons lodged in the same room.

WILLIAM WITHERS sworn.

I know nothing of the waistcoat being taken, only the prisoner had the duplicate of it; I have it at home, it was produced before the Lord-Mayor, I did not know that it would be wanted here.

(The servant to the pawn-broker produced the duplicates, and deposed that he took in a kerseymere waistcoat on the 2d of April, but could not identify the person of whom he received it, that it was fetched out on the Saturday, but he did not know by whom).

Mrs. Evans. I sent my little boy for it.

NOT GUILTY .

Tried by the London jury, before Mr. COMMON SERJEANT.

Reference Number: t17960511-61

377. ALEXANDER COLESWORTH was indicted for feloniously stealing, on the 27th of April , a worsted breeches-piece, two yards and a quarter in length, value 7s. the property of William Price .(The witnesses were examined apart, at the request of the prisoner).

GEORGE SNOOK sworn.

I am shopman to Mr. Price, No. 142, Leaden-hall-street , a man's-mercer, breeches-maker, and taylor ; On the 27th of April, about a quarter after eight in the evening, as I was taking the things out of the windows, the door being about six inches open, I saw the prisoner put his hand in, and take a stocking-breeches-piece; I jumped off the counter and pursued him; I called, stop thief, and he ran up into Sharpe's-court, which is no thoroughfare; I followed him, and got hold of his coat; he turned round, and said, damn my eyes if I touched him, he would do something, but I cannot recollect what; he struggled, and had like to have tumbled down over a scraper, or a window-shutter, I could not hold him; he ran out into Leadenhall-street, and down Lime-street, there I lost fight of him; I then returned home, and found a number of people about the door; a Mr. Jordan asked what I had lost; I said, a stocking-piece; he said, he had picked up a stocking-piece in Sharpe's-court; he delivered it to me, (producing it); it is exactly the colour of the one we lost; there is no mark upon it, I cannot swear to it; it was in the back part of the window, at the top of some other things.

WILLIAM PRICE sworn.

I live at No. 142, Leadenhall-street; I was out at the time; there were three pieces of this colour

in the window in the morning, when I returned at night, there were but two; there were none sold that day to my knowledge.

Q. (To Snook.) Had any one of them been sold that day? - A.No; I am sure there were none sold that day.

Q. That you believe to be one of them? - A. I do verify believe it.

Q. Are you sure as to the man? - A. Yes; by seeing his face when he looked over his shoulder and swore at me; I am sure the man that put his hand in was the man I pursued; when he was brought back, I knew him, and immediately said he was the man.

JAMES JORDAN sworn.

I live in Sharpe's-court, Leadenhall-street; On the evening this robbery was committed, I heard the cry of stop thief; I opened the door, but the people were gone away; I set my foot upon a stocking-piece, which I took up, and put in my pocket, and went in search of the owner of it; when I came into Leadenhall-street, there was a mob at Mr. Price's door, by that time they had taken the prisoner; I asked Mr. Snook what he had lost; he said, a stocking-piece; I asked him if he should know it; he said, yes; he said, his master put three in the window in the morning, and then there were but two; I shewed it to him, and he said, this is it; I asked the prisoner if he had stole that stocking-piece; he said, he had not; I asked him what his profession was; he said, he was a cooper, and that his name was Alexander Rotherick ; the people said, he had attempted to stab several persons in his flight; he was taken by a constable to the watch-house, he was asked his name at the watch-house, he turned to me, and said, I could tell his name; I said, I neither knew him nor his name; he then said his name was Alexander Colesworth , reluctantly; it was a dirty night, any foot left the impression on the stocking-piece.

JAMES ALLEN sworn.

I was going through Lime-street, between eight and nine o'clock at night, on Wednesday the 27th. I heard a cry of stop thief; and who should come down but this young fellow, and when I stopped him he made a chop at me with this knife, (producing it), and I believe it was about two minutes before I got the knife out of his fist; he fell down about the length of myself from me; I clapped my knees upon him, and took the knife from him and secured him; when I had got the knife out of his fist he said damn your eyes mind the knife is shut; it was open when I saw him first, he shut it after he fell upon the ground.

Prisoner's defence. I am a cooper by trade, and served my time over the water; I worked for Mr. Exley at the Stone's-end, he discharged me for want of work; I came into the city and stopped and had some bread and cheese and beer; there was a seafaring man would pick a quarrel with me, and I came out with my knife and a piece of roll and cheese in my hand; he was a more powerful man than me, and I ran away, and this man laid hold of me.

GUILTY . (Aged 25.)

Transported for seven years .

Tried by the London jury, before Mr. COMMON SERJEANT.

Reference Number: t17960511-62

378. WILLIAM SMITH and HENRY YATEMAN were indicted for feloniously stealing on the 11th of April , four pieces of printed calico, containing in length one hundred and twelve yards, value 10l, the property of Samuel Croughton , in his dwelling-house .

There being no evidence to affect the prisoners, but that of John Levi , whom the Court were of opinion might stand in the light of an accomplice, the prisoners were BOTH ACQUITTED .

Tried by the London jury, before Mr. COMMON SERJEANT.

Reference Number: t17960511-63

379. THOMAS JEMMIT was indicted for that he, with nine other persons unknown, in the King's highway, in and upon Samuel Card , gentleman , did make an assault, on the 2d of May , putting him in fear, and taking from his person a gold watch, value 5l, two cornelian seals set in gold, value 5s, and a man's hat, value 5s. the property of the said Samuel .(The indictment was stated by Mr. Raine; and the case was opened by Mr. Knowlys).

SAMUEL CARD , ESQ sworn.

Examined by Mr. Raine. Q. You are an officer under Mr. Abbot, Clerk of the Rules of the Court of King's-Bench? - A. I am; On Monday the 2d of May, at half past eleven at night, I was going along the left-hand side of Holborn, from the Bars, between Chancery-lane and Southampton-buildings ; I turned to the wall, and whilst I was there eight or ten men rushed down upon me, turned me round, and whipped my gold watch out of my pocket in a second, I suppose; it had two gold seals to it; one was a wafer seal, the other had my initials, a medalion and crest; I then endeavoured to get away from them, but I was so surrounded and prevented by two or three on each side of me laying hold of my shoulders; they threw me on the ground upon my back, upon which I received a violent blow upon my forehead, from which the blood gushed out exceedingly, and several blows upon my shoulders, either blows or kicks I can't say which; and when they were dispersing I was turning round upon my right to reach my hat, which had fallen off

before I received the blow, but I found myself so beat upon my shoulders that I could not sufficiently extend my arm to get hold of it; I could see the powdered part lie uppermost, and one person who remained then was endeavouring to pick it up likewise; he was in the act of running away, and did not immediately catch it in the first instance, and stepped back, but he got it, and did run away with it; they all ran towards Middle-row. I then rose as well as I could, gave the alarm of stop thief and watch as loud as I could; finding nobody about me, or any probability of my retrieving what I had lost or finding the persons, I had it in contemplation to go home, as I was very bloody, but before I got to the corner of Chancery-lane to turn round, I heard a cry that they had got one; I stopped then till the watchman came up with him; the watchman shewed me the hat, which he said he had detected him with, the prisoner was then by, between the watchman and another man; the watchman then shewed me a hat which he had taken him with, and asked me if it was mine; I immediately claimed it, and said it was my hat, he was then taken to the watch-house; I there charged him with this and left him with the watchman, and the next day I appointed to go to Bow-street.

Court. When the prisoner was brought back you did not know him to be one of the persons? - A. It was impossible for me to say in the situation I was in.

Cross-examined by Mr. Const. Q. This was half past eleven at night. - A. Yes.

Q. The person left behind did not strike you after the rest were gone? - A. I think I did receive several blows as I turned to get my hat.

Q. There was some time spent then in struggling for your hat? - A. I don't apprehend a minute altogether, the situation I was reduced to from the first blow was such that I can't say whether the after blows were given with sticks or what.

Q. Was the prisoner searched when he was taken? - A. Yes; but there was not any thing found upon him belonging to me but my hat.

JAMES COWEN sworn.

I am a cook: I was standing at the gate of the Queen's-head tavern, Gray's-inn-gate, at half past eleven at night; I saw a number of men assembled together on the opposite side of the way, they had sticks in their hands; after that a great number ran all off except one; I heard a person's voice, but I can't say whether it was Mr.Card's voice or any person's else; it was a cry of stop thief, or something of that sort; I could not exactly discern what it was; I ran across the road, and saw Mr. Card reaching for his hat; Mr. Card was neither down nor up, but upon a kind of a rise; I ran towards Middle-row, because I saw the man run off that took the hat up; I ran till I came nearer Middle-row, I made as if to go across the road, and instead of that I went strait through Middle-row; I lost sight of him in Middle-row; and in about a minute and a half afterwards I had gone just below the bars, when I met the watchman and another, with the person now at the bar.

Q. Could you observe whether that person had any thing with him? - A. He had only a hat on; he had nothing in his hand at that time; but the person that picked the hat up had a stick, and a hat on: when I came up, the watchman said he had a hat on his head, which is powdered.

Q. Was the prisoner's hair powdered? - A. It was not; I said there was a gentleman that had been robbed between Southampton-buildings and Chancery-lane; upon that I returned, and left the watchman, and found Mr. Card just by Chancery-lane; I called to Mr.Card, and told him there was a man in custody.

Q. As you were pursuing this man, whoever he was, did you observe any other person running near him? - A. Not at all.

Q. Now, looking at the prisoner, tell us whether you have any knowledge of him? - A. I have no knowledge at all of him; he was about the same size person; but I cannot take upon myself to say that it was the prisoner at the bar.

Q. Were you present when any hat was found? - A. Yes; the hat that the prisoner had on was taken to the watch-house.

Q. Did you see any other hat found than that which the prisoner was taken with upon his head? - A. I did not.

DAVIS sworn.

I am a watchman; on the 2d of May, between eleven and twelve, I was standing before my box, just by Holborn Bars; I was walking up and down, with my bludgeon under my arm; I heard a cry of "stop thief!" I saw a vast number of people coming through Middle-row; I ran forwards across the street; I was on the opposite side to Middle-row; I ran over the way, and saw a man run very hard; and I called out "stop thief!" after him; he was running towards Fleet-market; I ran after him, and pursued him; I was rather afraid of going by myself; a man went after him, just outside of the crowd; I laid hold of his collar, and said, my friend, I have got you, you are the thief; I am not a thief, he says, I run after the thief; I told him I was very sure he was the thief; I turned him round by the shoulders, and told him not to use his hands to any thing whatever; I then called for assistance, to one Howard, who is inspector of the watch.

Q. How far from Middle-row was it you stopped him? - A. I don't think it is much less

than 100 yards; I took him back again towards Middle-row, and a young man (I believe it was the last witness) told me a gentleman had been robbed; we went on a few doors on this side Chancery-lane; the prisoner said, there is my hat lies there; there was a hat laid there, underneath a window; I said to him, you have got a hat upon your head, who does that belong to? he said he did not know whose hat it was; I looked at the hat, and saw it powdered; he said he was hurt, and had been knocked down, and he had picked it up in the street; he said, let me pick up my own hat; I told Howard to keep his hand fast, and I stopped and picked it up myself; the prisoner said that was his hat; and then I saw this gentleman here (Mr. Card) the blood was running down him very much; I asked him if he knew any thing of that hat? I took it off the prisoner's head, and the gentleman said it was his hat; and from there I took him to the watch-house, and kept the hat ever since, (producing it.)

Mr. Card. I am certain this is my hat.

Davis. I searched him in the watch-house, and found a false tail in his pocket, and a small keg.

Q. Did you find a stick any where? - A. Yes; after I had been at the watch house and came back again, I found this stick, just by the place where I took him, (produces it.)

Cross-examined by Mr. Const. Q. As to the stick you did not see it in his hand? - A. No.

Q. Were there a great many people running? - A. Yes; a great many cried out, "stop thief!"

Q. The hat that he said was his, you would not have seen if he had not pointed it out? - A. No, I should not.

Q. And he said, the hat he had on he did not know whose it was; that he had lost his own and took up that? - A. Yes.

JOHN HOWARD sworn.

I am inspector of the watch; between eleven and twelve o'clock, I was coming down Castle-street, I lolborn, and I heard the rattles going about Middle-row; I tucked my great coat round me, and ran, somebody was coming down the street, but upon my coming, they turned back and went towards Holborn-hill; somebody said, that was one of them, I followed him, it was not the prisoner, and then Davis immediately took the prisoner, and called me to his assistance, upon which I let the other go, and the cook, Mr.Cowen, came up, and said, the gentleman that had been robbed was on the other side of Middle-row, and we took the man to Mr. Card, he was all in a gore of blood; but before we got to Mr. Card, the prisoner made a bit of a stop, and said, let me take my hat up, your hat, says I, you have got a hat on; yes, says he, but that is my hat; then the watchman took the hat off his head, and I perceived a good deal of powder hanging about it, and he walked some little way without any hat, and then the watchman gave me a hat, that, he said, was his, and took him to the watch-house; the prisoner said, the next day, the man that I was after, was the man that had got the watch; I asked him who he was, he said, he did not know him, only that day he had been playing at skittles with him at the Bull-in-the-pound.

Cross-examined by Mr.Const. Q. Were you at Bow-street when he was examined? - A. Yes.

Q. Did you state any of this that you have now stated? - A. I don't know that I did.

Q. How came you to omit so particular a circumstance? - A. I mentioned it before the Grand-Jury.

Q. Did you say it before the Magistrates? - A. I cannot say that I did.

Q. But will you swear you did? - A. No; I don't think I did say that before Mr.Bond; you seem to harp very much upon that point, but he said it to the next witness that will be called as well as me.

Q. But I find you did not state that before the Magistrate? - A. Then you find I was not over severe before the Magistrate.

BENJAMIN SPRIGGS sworn.

I am a watch-house keeper, of St. Andrew's, Holborn: On the 2d of May, about half past eleven o'clock, the prisoner was brought to the watch-house, charged by Mr.Card; I searched him, I found nothing upon him but a false-tail and a key, and a hat of Mr. Card's; we have two prison-rooms; I put him first in the front-room, he asked for a piece of paper, wrote a note, and threw it into the street, and then I put him in the backroom, because he should have no communication with the street, he then desired another piece of paper, and a pen and ink, and he wrote a note which I have got here, and asked whether I could send it, I understood it was to his father; I did not send it, I then went to bed.

Q. What did the prisoner say to you or in your hearing, while he was in your custody? - A. He asked me if I knew the watchman that stopped him, I told him I did, that his name was Davis; he asked whether he could see him, I asked him what he wanted with him, he said, he was a poor felon, but he wanted to send that note, in order to procure a few pounds to give to Davis, to prevent his evidence, or some words to that effect; I told him, he could see him when he came, he would be at the watch-house to go to Bow-street; during the time that he was in the watch-house, he damaged the watch-house, by pulling down the wainscoting in different places; he likewise pulled part of the seat

ing up where the prisoner sat down, and there was a hole made in the ceiling.

Q. Did the prisoner say any thing about Howard? - A. No; only about Davis.

Prisoner's defence. As I was coming down Holborn-hill, I cannot say rightly the time, some little distance before I came to Middle-row, I heard a cry of stop-thief, accordingly, I sat out and ran, thinking to overtake the thieves; as I was going down Middle-row, crying out stop thief, somebody came behind me, and hit me a violent blow on my back, which very nigh knocked me down; however, I recovered myself, and in the blow I lost my hat; I saw a hat lying before me, and I put it upon my head; when I got a little below Middle-row, Davis took hold of me, and said, I was his prisoner; I said, I was not, the thief was gone forward, and he laid hold of me, and as we came back towards that gentleman, I saw my hat, and when Davis took me, and brought me to the watch-house, he says, he went back and looked for the stick, now, when he took me, he had the stick in his hand, the ceiling I never touched, and the wainscotting I only just touched.(The prisoner called six witnesses, who gave him a very good character).

NOT GUILTY .

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

Reference Number: t17960511-64

380. MARTHA BULLOCK was indicted for feloniously stealing, on the 10th of April , a pewter quart pot, value 16d. the property of James Born .

JAMES BORN sworn.

I keep the Hole-in-the-Wall, Kirby-street, Halton-Garden : On the 10th of April, about nine o'clock, on Saturday morning, the prisoner at the bar came into my house, and called for half-a-pint of porter, she drank it, and paid for it; upon her return to go out of the house, she went into the passage; my wife suspecting she had taken something, I followed her to the top of the street, and asked her what she took out of my passage, and she instantly produced the pot; she said, it was the first time, and hoped I would not hurt her, it was concealed under her apron; I sent for a constable, and delivered her and the pot to him. ( Edward Druid , the constable, produced the pot, which was deposed to by the prosecutor).

Prisoner's defence. That pot I took to fetch a little water from the pump, which is about thirty yards from his house; I am no stranger to him, he knows me very well; I meant to have returned it to him, and I gave it to him as soon as he asked me for it.

Q. (To the prosecutor.) Did she say any thing to you about fetching some water? - A. No; she had frequently come into my house to have half-a-pint of porter; she is the wife of a smith, I believe, but what his name is I don't know.

GUILTY . (Aged 43.)

Imprisoned one month in Newgate , and fined 1s.

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

Reference Number: t17960511-65

381. JOHN DAWSON and THOMAS WILLIAMS were indicted for feloniously stealing, on the 16th of April , twenty-five iron horse-shoes, value 3s. 5d. the property of Robert Jones .

ROBERT JONES sworn.

I am a farrier , in the Curtain-road, near Finsbury-square : On Saturday, the 16th of April, the prisoner, who are dust-men , came to take the dust away; I was informed by my foreman that these shoes had been taken away in a basket among the dust, about two o'clock; I saw them after they were thrown out of the cart upon the ground; I cannot swear to the shoes.

CHRISTOPHER PARTRIDGE sworn.

I am servant to Mr. Jones; these men were employed to take the dust out from under our forges, and in filling one basket about three parts full of dust, I happened to turn my head, as I was blowing the fire, and I saw these shoes lying in the basket upon the dust, there were twenty-five of them; I said to one of them, my brave fellow, you will take them out again; he made me no answer; I repeated those words again to him, and he made no answer, but clapped a shovel of dust upon them, it was Williams; the other man, Dawson, brought another empty basket in, and then he helped Williams up with it, and he put it into the cart.

Q. Did they persist in taking these horse-shoes though you spoke to them? - A. They did; they shot them into the cart, and I got upon the wheel of the cart and took them out, and chucked them to the ground.

Q. Do you know whether Dawson saw them or not? - A. I don't think he did; because the dust was over them when he came in.

THOMAS BROWN sworn.

I am servant to Mr. Jones; I was informed the prisoners had been taking the dust, and I saw Partridge throw about half the shoes out of the cart; and this shoe, (producing it), is a shoe that came off a mare belonging to Mr. Knowles, a distiller; the mare was in the shop at the time.

Q. Do you believe them all to be your master's shoes? - A. I do.

Williams. Q. Did you see me put any of them in the basket? - A. No; I was not in the shop at that time.

Prisoner William's defence. I went to take the dust out; and I filled out of seven or eight holes in the different shops, I never saw any thing of the shoes;

they might be among the dust, or they might not, I never saw them.

Dawson's defence. I went to have a share of a pint of beer with a friend, who is in Court, when I came back, I went in for the last basket of dust; I did not know any thing at all about it.(The prisoner Dawson called two witnesses, who gave him a good character).(The prisoner Williams was recommended to mercy by the prosecutor, on the ground of his having a wife and two children).

Williams, GUILTY . (Aged 29.)

Publickly whipped , and discharged.

Dawson, NOT GUILTY .

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

Reference Number: t17960511-66

382. RICHARD TROTTER was indicted for stealing, on the 5th of April , ten pound of iron nails, value 2s. 6d. the property of John Merriman , Benjamin Merriman , and Thomas Merriman .

JOSHUA BENNETT sworn.

I am apprentice to Messrs. Merrimans; the firm of the house is John, Benjamin, and Thomas Merriman ; the prisoner was our journeyman : On Tuesday the 5th of April, I was at work at a bench in a shop adjoining the shop in which the prisoner worked; through the crack in the wainscoat, I perceived the prisoner putting some nails in his pocket; upon seeing me he retired to his bench, and I to mine, I did not say any thing to him at that time; presently after, not hearing him at work, I went to see if he was there, and saw him taking more nails out of another box; I went and informed the foreman what I had seen; I went up stairs with the foreman, and saw the nails taken out of his pocket, his name is William Payne; he desired I would let him go; I told him he certainly should not, and sent immediately for my master.

WILLIAM PAYNE sworn.

I am a trunk and box-maker, foreman to Messrs. Merrimans; the last witness informed me the prisoner had got some nails in his pocket; I went into the yard, and stopped him, and found the nails in his pocket.

Q. Is that the way out of the house? - A. Yes; from the place where he was at work; I desired him to walk up stairs into the workshop, and desired the prisoner to take them out of his pocket on to a bench; I left him with Bennet, and went to my master in the adjoining premisses; I did not see him take them out of his pocket, I saw them in his pocket in the yard; I fetched my master, and he said he hoped he would shew him mercy.

Q. Had he no occasion for these nails in his business? - A. Not that part of his business, they use wire in boxes; and these were larger nails than he had any occasion for; a constable was sent for, and he was taken to the Compter.

Prisoner's defence. I was going to dinner, and one of the men holloaed to me to bring down some nails for the packing-cases; I don't know which of the men it was.

GUILTY . (Aged 24.)

Confined three months in Newgate , and fined 1s.

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17960511-67

383. THOMAS DAVIS was indicted for wilful and corrupt perjury, on the trial of William Millan, at the Old Bailey .(The indictment was stated by Mr. Vaillant, and the case was opened by Mr. Knowlys).

WILLIAM METCALF sworn.(Produces the copy of the record of the conviction of Millan).

Q. Where did you get that from? - A. From Mr. Shelton's office; I saw Mr. Shelton sign it.(It is read).

JOHN MARSOM sworn.

Q. Were you present at the trial of William Millan ? - A. I was the short-hand-writer.

Q. Do you remember the present prisoner, Thomas Davis , attending? - A. Yes.

Q. Was he sworn? - A. He was.

Q. On whose part was he sworn? - A. On the part of the prisoner, William Millan .

Q. Did you take down correctly, according to your office, the evidence that he deposed? - A. I did.

Q. Be so good as read his evidence.

(Reads). - Thomas Davis being sworn, said: - "I live at Covent-Garden, I am a fruiterer; I live with Mr.Bailey, a relation of mine, he keeps a shop there, and has several houses in the county of Middlesex, both leasehold and freehold.

" Q. You recollect being before Alderman Newnham? - A. Perfectly well; on Monday last, I had some little business in the city for my master; a person asked me to go, through curiosity, to Guildhall, this man was standing at the door."

Q. Who did he mean by this man? - A. I believe the prosecutor on that indictment.

(Reads). - "This man was standing at the door; I had a thought of a warrant being granted against me for an assault, and thought it best to make my escape, and I went out; this gentleman gave the alarm of "stop thief;" I did not stop, but when the alarm of "stop thief" was given, I immediately stopped, and surrendered myself to this man, The prosecutor, before I came in, said, that is the man, and I will swear to him."

Q. Who did he mean by that is the man? - A. That the present prisoner was the man.

JOSEPH HARRISON sworn.

Q. Did you prosecute William Millan in this place? - A. Yes.

Q. Do you recollect the man at the bar appearing upon that trial? - A. Yes, perfectly well.

Q. Look at his person? - A. I am sure it is the same man.

Q. You swore to Millan upon that indictment as the person who had robbed you? - A. Yes.

Q. Attend to the question I am about to ask you, and answer it seriously; Did you ever in your life say, at any time, that that man, now at the bar, was the person who had robbed you, upon that occasion? - A. Never in my life.

Q. Did you ever at any time, either at the door of Guildhall, or any other place, say, he was the man that had robbed you? - A. I said, at Guildhall, I thought he was one of the parties concerned, but I could not swear to him.

Q. Did you ever say, either at the door of Guildhall, or in any other place whatever, this is man, and I will swear to him? - A. Never.

Q. Did you ever at any place whatever, undertake, positively, to swear he was the man that had robbed you? - A. Never; I never could.

Prisoner. Q. Have you never, since the prisoner was found guilty, said, to your shopmates, that you had been very uneasy in your mind, that you had really did not think he was the man? - A. I deny it; I have not the least doubt in my mind.

ARNOLD GOODWIN sworn.

Q. Do you know Harrison? - A. Yes.

Q. Were you at Guildhall upon the 15th of February? - A. Yes; I remember seeing the prisoner there; I was with Harrison during the whole of the examination.

Q. Did you see Harrison and the present prisoner near together? - A. Yes.

Q. Did Harrison accuse the present prisoner of having robbed him, saying, that is the man, and I will swear to him? - A. He accused him so far as this: seeing him very intimate with the man who was convicted before, I have my doubts whether this man is not one of them.

Q. Did he say that was the man, and he would swear to him? - A. Not in my hearing.

Q. He never positively said he was the man? - A. No; but seeing him very intimate with the prisoner, it occasioned some doubt in his mind.

Q. Will you undertake to say, that if that had passed while you were there, as you were with him all the time, must you have heard it? - A. I think so.

Court.Q. Were you with Harrison at the door? - A. No; when the prisoner made his escape out of the Hall, I believe Harrison went to the door; but I am not certain whether he was not in the Hall the whole time; the prisoner made his escape in consequence of a thought arising whether he was not one of the party; there was a pursuit after him.

Q. Do you mean to say he never said he was the man, and he would swear to him? - A. Not in my hearing; the prisoner said it was said out at the yard-door.

Prisoner. It was out of the Hall where the man made use of those expressions.

Court. Q. Were you with Harrison before he went into Guildhall? - A.No; I met him in Guildhall-yard.

Q. Which of you were there first? - A. I cannot say; he might be there first, or I might be first, I cannot say; but I think he was there before me.

Q. You don't happen to know whether the prosecutor and Davis where in company together before you went into Guildhall? - A. I cannot tell.

Q. When did you first see Davis? - A. I saw being to the prisoner.

Q. When he came in you don't know? - A. No.

JAMES WHEELER sworn.

I was at Guildhall when the prisoner Millan was examined for the robbery of Harrison.

Q. Do you remember Davis being there? - A. Yes, very well.

Q. Were he there before you? - A. I don't know.

Q. Were you there as soon as Harrison, the prosecutor, was there? - A. I believe I was there.

Q. Were you there as soon as Harrison was? - A. I think I was.

Q. Do you know that for certain, either one way or the other? - A. No.

Q. Were you with Harrison all the time? - A. No; not all the time.

Q. Were you either within sight or hearing of him all the time you were there? - A. Yes.

Q. Who did he accuse as being the person who had robbed him? - A. Millan.

Q. Did he at any time say, that Davis was the man who had robbed him, and he would swear to him? - A. I did not hear him.

Q. Could he at any time have said, in a voice that was likely to be heard, that Davis was the man who robbed him, and he would swear to him, without your hearing it? - A. I think not.

Q. Was he at any time asked, whether he would swear to Davis as being the man that robbed him? - A. Yes; he said, he really believed he was one of the gang, but he would not swear to him.

Prisoner.Q. Were you out of the hall at the time Harrison was? - A. No. I was in the Hall.

Q. Then of course you must be out of the sight of the man? - A. I was not out of the Hall.

Mr. Knowlys. Do you believe that at the time you were there he were out of the Hall? - A. I don't believe he was; I don't say that he was not, or that he was.

Prisoner's defence. My Lord, and Gentlemen of the Jury, being in the city about some business, an acquaintance went with me; we had an hour or two to spare; we went out of curiosity into Guildhall; I was leaning upon the place there; there were several people in the place; I knew that I had insulted a person in Holborn, and I thought it was not a fit place for me to be in; with that I walked out of the Hall; the alarm of "stop thief!" was given, and I saw several people coming towards me, and I surrendered myself; upon that Harrison said that is one of the men, and I will swear to him; we then came into the Hall; I stood by the side of the prisoner, and I was desired to step over the bar that the prosecutor might have a

full view of me: I said, if he could speak to me, being one of the men, at the distance of thirty yards, as he was when he said so, to be sure he could when he was close to me; I asked him whether I was the man? he said he believed I was one of the men: I leave it to you to judge, whether, after I had been an accomplice I should have come into this Court to fly into the face of justice.

Court to Goodwin. Did the prisoner run out of the Hall? - A. He did.

Q. Did Harrison go out? - A. I cannot say that he did; I doubt whether he was out of the hall or not; if he was, he only went to the door.

Court. In this case there being nothing but the belief of a witness, it would surely be too much to convict the prisoner of perjury.

NOT GUILTY .

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

Reference Number: t17960511-68

384. HENRY SQUIRE , AARON BARROW , THOMAS RAWLINGS , and JOHN BRISCOW , were indicted for a conspiracy .

All Four NOT GUILTY .

Tried by the second London Jury, before Mr. RECORDER.

Reference Number: o17960511-1

317. PAUL THOMAS LE MAITRE , JOHN SMITH , and GEORGE HIGGINS , were put to the bar, and the Jury sworn, when the Attorney-General declining to offer any evidence against them, they were discharged.

Reference Number: o17960511-2

Mr. JUSTICE GROSE DELIVERED THE OPINIONS OF THE JUDGES IN THE CASES OF JOHN ROBERTS , otherwise COLIN RECULIST , And WILLIAM HUNTER , as follows:

ROBERTS's CASE.

THIS prisoner was convicted at a former sessions of uttering and publishing a promisory note for five guineas, as true, knowing it to be forged; but upon the production of the note it appeared that it had not been stamped, and that objection was laid before the Judges. The objection is not founded upon any doubt of the crime committed by the prisoner, as laid in the indictment, or as far as concerns the fact of forgery; it is clear that there is a false making with intention to defraud, which is the crime at which the law against forgery aims. The argument is, that the paper before us is not of the denomination of a promisory note, because it is not upon a stamp, and therefore cannot be given in evidence. Whether a note is a promisory note, depends upon the tenor of it; a promisory note, in writing, to pay to another so much money, is undoubtedly a promisory note; this is such an one. But it is said that it cannot be given in evidence as a promisory note; no more could the note in Hawkeswood's case; and yet that was determined to be an instrument upon which the crime of forgery attached. The reason given in Hawkeswood's case is a very able reason, which is, that the law which requires a stamp, is a mere revenue law, not intended to affect the crime of forgery, or alter the law respecting it. The stamp is not, properly speaking, a part of the instrument; it is only a something put upon the paper which forms the instrument, and is collateral to that instrument. To constitute the crime of forgery, it is not necessary that the instrument forged should be such as in all other respects will be effectual for the forgery of the will of a man living which never could operate as a will, is capital. The forgery of a lease and release of lands, so as if real, could have no effect, is a capital offence; and that is a case in Strange Japhet Crooke's case; it is enough, if in form it is that which it purports to forge, and is false made with intention to defraud. Such is this note: The purpose of requiring a stamp is to raise a revenue, and then it is enacted, that it shall not be given in evidence, that is meant only to prevent its being given in evidence, to enable men to recover upon it as apromisory note; for that it is evidence to many other purposes is most clear, as persons negociating it are liable to penalties, to recover which, it must necessarily be given in evidence; and this is an answer to the argument, that to the purpose of conviction it cannot be given in evidence on account of this clause in the act.

The most material doubt entertained was, whether this case was different from Hawkeswood's case, inasmuch as that note might have been afterwards stamped as the law stood, and this cannot. Still, however, the same argument applies to this case as to that, that the act is a revenue act, that the crime is a false making, with intention to defraud; and that the act does not prevent its being a promisory note, but only provides that a recovery upon it may not be had; and if the argument used would avail, it would be of the most pernicious consequences; for then, by a parity of reasoning, it could not be a forgery to forge a note upon paper whereon is a stamp of less value; nor to forge a bond or lease and release, or any other instrument where a stamp is required

Upon these grounds it is that the majority of the Judges are most clearly of opinion, that there is no foundation for this objection, and that the conviction is good and valid.

Reference Number: o17960511-3

HUNTER's CASE.

This prisoner stands indicted upon a charge of forgery. The indictment states, that upon the 25th of September, in the 34th year of his Majesty's reign, the prisoner had in his custody a certain paper, partly printed and partly written, called a navy bill, signed by the commissioners of his Majesty's navy, (slating it.) The indictment then charges, that the prisoner, upon the said 25th of September, with force and arms feloniously and falsely made, forged and counterfeited, and caused to be falsely made, forged and counterfeited, and willingly acted and assisted in the false making, forging and counterfeiting, a certain receipt for money, to wit, the sum of 25l. mentioned in the said paper, partly printed and partly written as follows: "William Thornton, William Hunter ,"

with an intention to defraud his Majesty. The second count is stated very much to the purport of this first count.

The prisoner has been convicted upon this indictment, and upon that an objection was made in arrest of judgment, and the objection to the indictment stated by the counsel for the prisoner was, that no capital charge appeared upon the face of this indictment, for although the indictment states the charge of forging a receipt, yet nothing is stated in either count to be forged; that upon the face of that count appears to be a receipt, or that is averred in fact to have been so intended or to have that operation. In a case that was cited upon this argument of the King and Mason, the doctrine was fully entered into upon the subject, and there it was laid down clearly and explicitly, that the offence must be plainly and clearly stated which is charged against the prisoner; and upon the doctrine of that case I think we cannot but draw this conclusion, that it is not enough to call the paper writing for the forgery, of which the charge is, a receipt, but it must either purport to be a receipt upon the face of it or it must be aversed to have been so intended by the party accused; for the Court must see that the charge against the prisoner is clear, explicit, and such as the law denominates to be an offence, and the Court must see from that charge in what class of offences the crime supposed to be committed is. For this reason in an indictment for sending a threatening letter, the letter must be set out, that the Court may see upon the face of the indictment that it is a letter within the statute. So for obtaining goods under false pretences, the false pretences must be set out. In an indictment for forging a bill of exchange the bill must be set out. So here the instrument intended to be used as a receipt must be set out, and it must appear either upon the face of the instrument that it is a receipt, or if the words or letters forged do not of themselves purport to be a receipt, there must be an averment of some fact stating, that the words or letters forged imported and signified a receipt. There is a precedent of this kind in Crown Circuit Companion, 365. An indictment for altering a warrant or order of the South Sea Company, for payment of an annuity by adding any to the word eight, and a cypher to 400l. by which means the 8l. was made 80l. and the 400l. which together with the cypher, did import and signify 4000l. So it is laid upon the indictment, and upon the face of that indictment it is so stated. Now to apply this to the present indictment the indictment is, that the prisoner forged a certain receipt for money, to wit, 25l. and then goes on as follows: "William Thornton William Hunter ." Now applying this doctrine I think the results from it, it is not enough to call the names of William Thornton or William Hunter a receipt, those names do not import so to be, and from the case cited it should have been averred that the name was written upon the said paper, and the figures 25, and importing and signifying that the said William Thornton and William Hunter had received the sum of 25l. mentioned in the said paper writing. This seems most undoubtedly to be the law, and the law applicable to the circumstances of the present case. If it is so, the words William Thornton and William Hunter not importing to be a receipt, and there being nothing to explain the words William Thornton and William Hunter, of to shew that those words were intended to signify any way that those persons had received the monday. This indictment then appears to be had upon the first count. In the second count the same objection applies in substance, though it is different in point of form. Therefore the majority of the Judges are clearly of opinion, that the judgment ought to be arrested upon the grounds I have stated .

Reference Number: o17960511-4

MR. RECORDER DELIVERED THE OPINIONS OF THE JUDGES, ON THE CASE OF WILLIAM DEAN , Who was convicted in July sessions, 1795 of stealing a Bank Note value 20l. in a Dwelling-house, as follows:

YOUR case was reserved for the opinion of the judges; an objection was taken by the Counsel, that your offence was not a capital offence, that it did not fail within the statute which makes it a capital offence to steal, to the value of 40s. in a dwelling-house. However, it is my misfortune to inform you, that the Judges are unanimously of opinion to over rule that objection, they think it ill-founded, and, therefore, that your conviction is a proper and legal conviction.

Reference Number: s17960511-1

The SESSIONS being ended, the COURT procceded to GIVE JUDGMENT as follows:

Received sentence of Death-9.

Henry Weston ,

John Williams ,

James Maclcod ,

James Petty,

Robert Simmons,

William Chadwick ,

John Roberts , otherwise

Colin Reculist,

William Austin , and

William Dean .

Transported fourteen years - 1. John Carey.

Transported seven years-12.

John Kilby,

Thomas Matthews,

Samuel Jackson ,

William Mortimer ,

George Dedman ,

Thomas Jones , otherwise

Miles,

John Michael Thiel ,

John Trapwell,

Joseph Webb ,

William Carlisle ,

John Jones , and

Alexander Colesworth.

Fined 20l. and imprisoned one year in Newgate - 1. John Stribblehill .

Fined 1s. and imprisoned one year in Newgate - 2

Mary Haynes , Hannah Hogg .

Imprisoned two years in the House of Correction, and fined 1s. - 1. William Seal .

Imprisoned twelve months in the House of Correction, and fined 1s. - 5.

Ann Norton, Rebecca Chetwynd , William Thomas , Colin Markinson , and John M'Caul.

Imprisoned six months, publickly whipped, and discharged -3.

Thomas Humphries , Thomas Maddy , and John Brown.

Imprisoned six months, and fined 1s. - 5.

Benjamin Samuel , Mary Webb , Francis Studley , John Culbertson , and William Mercer .

Imprisoned three months in Newgate, and fined 1s - 1. Richard Trotter .

Imprisoned one month in Newgate, and fined 1s. - 3.

Martha Bullock, John Thompson , and Sarah Chapman .

Imprisoned one week in Newgate, and fined 1s. - 1. William Bradley .

Privately whipped, and discharged - 2.

Thomas Williams , and Charles Carter .

Judgment respited to enlist - 1. William Knowles .

Judgment respited till the next Sessions - 1. William Hedges .


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